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TORONTO

fiN 1987

No. 138

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Highway Traffic Act.

Mr. Henry (York, East)

TORONTO
Printed by Herbert H. Ball

FRINTFiR TO THE KiNG's MosT EXCELLENT MAJESTY

No. 138

1931

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:

Short title. ^ Xhis Act may be cited as The Tlii^hiiriy Traffic Amend-

ment Act, 1931.

Rev. Stat., 2. Clause (g) of section 1 of The Highway Traffic Act
ci. g, ' ' ' is amended by striking out the words "Public Works and"

amended. . ,, r ', \-

m the nrst hne.

?'25i^*sf V ^- — (^) Subsection 1 of section 4 of The Highway Traffic
subs. 1, yjc/ ig amended by striking out the words "and every trailer"

amended. . .

in the second hne.

S. 4, subs. 3,
amended.

S. 4,
amended.

(2) Subsection 3 of the said section 4 is amended by
striking out all of the words after the word "goods" in the
eighth line.

(3) The said section 4 is further amended by adding
thereto the following subsection:

T-ev. Stat.,
■^Gl, s. 9,
1,
led.

number plate ^^^^ Every trailer while being drawn on a highway

on trailer. shall have exposed on the back thereof, in a con-

spicuous position, a number plate furnished by the
Department showing in plain figures the number of
the permit issued for the current year.

4. — (1) Subsection 1 of sectioi\ 9 of The Highway Traffic
Act is amended by adding at the end thereof the words
"from the front or rear, as the case mav be."

oi. (a^)"^^" ^^' (2) Clause (a) of subsection 18 of the said section 9 is
amended. amended by adding at the end thereof the words "from the
front and from the rear of the vehicle."

c^^25i^s!Vi, ^- Subsection 1 of section 11 of The Highway Traffic Act

c" 48, 8.4)^'^°^^ enacted by section 4 of The Highway Traffic Amendment

amended.' Act, 1930 (No. 2), is amended by inserting after the word

"vehicle" in the first line the v/ords "other than a motorcycle."

138

Explanatory Notes

Section 2. This amendment is necessary by reason of the separation of
the Ministries of Public Works and Highways.

Section 3. — (1) The amendment provides for the display of a number
plate on the rear of a trailer, it being unnecessary to provide for a number
plate on the front thereof as the Act now requires.

Section 3. — (2) The words struck out are no longer necessary as they
refer to a front number plate for trailers.

Section 3. — (3) This amendment is necessary in view of deletion of
reference to trailers in preceding subsections.

Section 4. These two amendments are to clarify the requirements as
to visibility of vehicle lights by stipulating as to the directions in which
such lights are to be visible.

Section 5. The provisions of this subsection relating to windshield
wipers and mirrors, motor cycles should be excluded.

138

^2M%'*22, ^- Section 22 of The Highuuy Traffic Act is amended by
amended. adding thereto the following subsection:

Garages
to report to
police in
respect
to cars
damaged
in accidents
or showing
signs of
shooting.

(4a) If a motor vehicle which shows evidence of having
been involved in a serious accident or having been
struck by a bullet is brought into a garage or repair
shop the person in charge of the garage or repair
shop shall forthwith report the same to the nearest
provincial or municipal police officer, giving the
name and address of the owner or operator and
also the permit number and a description of the
vehicle.

Rev. Stat.
c. 251,
amended.

7. The Highway Traffic Acf is amended by adding thereto
the following section:

UiineCC?«arv

slow driving
prohiV)ited.

27a. — (1) Subject to the provisions of sections 26 and
27 no motor vehicle shall be driven upon a highway
at such a slow rate of speed as to impede or block
the normal and reasonable movement of traffic
thereon except when such slow rate of speed is
necessary for safe operation having regard to all
the circumstances.

^^"'''*^^'' (2) Any person who violates any of the provisions of

this section shall incur for the first offence a penalty
of not less than $5 and not more than vS50 and for
any subsequent offence not less than $10 and not
more than $100 and in addition his license or permit,
or both, may be suspended for any period not
exceeding thirty days.

^2'5i^s'!3i, 8- Subsection 8 of section 31 of The Highway Traffic Act
subs. 8 ' as enacted by section 8 of 71ie Highway Traffic Amendment

(1929, c. 68, . ,, , ^

s. 8), Act, 1929, IS amended by striking out the words "Public

Works and" in the second line.

amended.

f.^iXh'A, 9- Subsection 1 of section 34 of The Highway Traffic Act is

a936,^.48, amended by striking out all of the words after the word

Im^ende^d: '^' "vehicle" in the seventh line and inserting in lieu thereof the

words "provided that the Department may by regulation

designate any vehicle or classes of vehicles to which any or

all of the provisions of this subsection shall not apply."

10. Subsection 1 of section 35 of The Highway Traffic Act

Rev. Stat.,

c.251,s. 3E, ^ ^ ^

a93o^6 48 ^^ enacted by subsection 1 of section 8 of The Highway
anfeni^d- '^' '^^^•^^ Amendment Act, 1930 (No. 2), is amended by adding
thereto the following clauses:

Rule for
right turn at
intersections.

{h) The driver or operator of a vehicle intending to
turn to the right into an intersecting highway shall

138

.Section 6. This provision is in furtherance of provisions towards
apprehension of "hit-and-run" drivers.

Section 1. To overcome the danger caused by the slow driver who is
responsible for a considerable number of highway accidents, the amend-
ment provides a penalty for operating a motor vehicle at an unnecessarily
slow speed so as to impede or block traffic.

Section 8. This amendment is necessary by reason of the separation
of the Ministries of Public Works and Highways.

Section 9. The amendment authorizes the Department to exempt
certain classes of commercial vehicles from compliance with this require-
ment as to display of name and address of the owners, etc. The e.xemption
now applies to fire trucks, ambulances, etc., which will be continued and
to which may be added classes of vehicles owned by such organiza-
tions, as the Canadian Pacific Railway, Canadian National Rail-
ways, Bell Telephone Company, Hydro-Electric Power Commission,
etc.

Section 10. This amendment piovides for a rule of the road governing
the method of approaching and turning at intersections and also for the
giving of a signal by persons intending to make left turns.

138

approach such intersection and turn as closely as
practicable to the right curb or edge of the travelled
portion of the highway.

Rule for
left turn at
intersections.

(c) The driver or operator of a vehicle intending to turn
to the left into an intersecting highway shall approach
such intersection as closely as practicable to the
centre line of the highway and continue beyond the
centre of the intersection before turning.

Signal for
left turn.

(d) The driver or operator of a vehicle upon a highway
before turning to the left from a direct line shall
first see that such movement can be made in safety,
and if the operation of any other vehicle may be
affected by such movement shall giv'e a signal
plainly visible to the driver or operator of such
other vehicle of the intention to make such move-
ment.

Mode of
signalling for
left turn.

How-
to signal
manually

Rev. Stat.,
c. 251,
amended.

Parking cars
on highways
and at
curves.

(e) The signal required in clause (d) shall be given
either by means of the hand and arm in the manner
herein specified or by a mechanical or electrical
signal device which has been approx^ed by the
Department.

(/) Whenever the signal is given by means of the hand
and arm the driver or operator shall indicate his
intention to turn by extending the hand and arm
horizontally from and beyond the left side of the
vehicle.

11. The Highway Traffic Act is amended by adding thereto
the following section :

35a. — (1) No person shall park or leave standing any
vehicle, whether attended or unattended, upon the
travelled portion of a highway, outside of a city,
town or village, when it is practicable to park or
leave such vehicle off the travelled portion of such
highway; provided that, in any event, no person
shall park or leave standing any vehicle, whether
attended or unattended, at a curve upon such a
highway unless a clear view of such vehicle may be
obtained from a distance of at least two hundred
feet in each direction upon such highway.

Removal of
car parked at
prohibited
place.

(2) Whenever a police constable or an officer appointed
for carrying out the provisions of this Act shall
find a vehicle upon a highway in violation of the
provisions of this section, he may move such
vehicle or require the driver or operator or other
person in charge of such vehicle to move the same.

138

Section 11. General convenience and public safety requires that
parking on highways outside urban municipalities either on the travelled
portion of the highway or at curves be prohibited and the amendment is
for that purpose.

138

Disabled (3) The provisions of this section shall not apply to the

driver or operator of a vehicle which is so disabled
while on a highway that it is impossible to avoid
temporarily a violation of such provisions.

Penalty. (4) ^ny person who violates any of the provisions of

this section shall incur for the first offence a penalty
of not less than $5 and not more than $50 and for
any subsequent offence not less than $10 and not
more than $100 and in addition his license or permit,
or both, may be suspended for any period not
exceeding thirty days.

0^^51^*8^*39 ^^- Section 39 of The Highway Traffic Act is amended by
amended. ' adding thereto the following subsection:

■^°''ride,s ^^^^ ^^ pcrson shall, while on the travelled portion of a

prohibited. highway, soUcit a ride from the driver or operator

of a motor vehicle other than a public vehicle.

c^^25i^s^44 ^^- Subsection 1 of section 44 of The Highway Traffic Act
subs, i, is amended by striking out all of the words after the word

amended. / i i-

Act in the fourth hne.

^ev^ stat.,^^ 14. Clauses (a), (b) and (c) of section 47a of The Highway
(1930,0.47, Traffic Act as enacted by section 5 of The Highway Traffic
amended. Amendment Act, 1930, are repealed and the following substi-
tuted therefor:

notfce^e^c ('^) Such notice or process may be served by leaving a

copy thereof with or at the office of the Registrar,
together with a bond in form and by sureties
approved by the Registrar in the sum of $200
conditioned on the failure of the plaintiff to prevail
in the action for the purpose of reimbursing the
defendant for the expenses necessarily incurred by
him in defending the action in Ontario.

Sufficiency (^) Such scrvicc shall be sufficient service if notice of

of service. ^ '

such service and a copy of the notice and process are
forthwith sent by registered mail to the defendant
and the defendant's return receipt is filed with the
registrar or clerk of the court in which the action or
proceeding is brought.

c.Ys'i, s. 53, 15. Subsection 3 of section 53 of The Highway Traffic Act
replaild. is repealed.

?^25i^*s.*'58, 16- Subsection 1 of section 58 of The Highway Traffic Act

linlnded ^^ amended by inserting after the words and figures "under

section 16" in the ninth line the words and figures "or section

138

Section 12. The amendment aims at elimination of the undesirable
and dangerous practice of soliciting of rides by persons who stand on the
travelled portion of the highway. Otherwise the amendment does not in
any way affect or prevent the soliciting or giving of free rides by passing
motorists.

Section 13. — Now that every driver is required to have an operator's
or chauffeur's license the omitted words are unnecessary.

Section 14. In furtherance of the scheme introduced in 1930 for suc-
cessful prosecution of claims against non-resident motorists who are at
fault in motor accidents it is desirable to improve this section so as to
render a judgment obtained against a non-resident more easily satisfied in
the United States. The Supreme Court of the United States has approved
provisions similar to the present amendments as being fair and reasonable
in such cases.

Section 15. In view of the general extension of time for commencement
of action to twelve months, subsection 3 is unnecessary and its retention
in the Act is misleading.

Section 16. This section provides for the reporting by police magis-
trates of convictions for offences. The amendment provides for furnishing
of information relative to the operator's license number issued to a con-
victed person.

138

66," and by striking out the words "and tiie name, address
and description of his employer" in the tenth and eleventh
lines, and by inserting after the words and figures "under
section 16" in the sixteenth line the words and figures "or
section 66, as the case may be."

0^^251*^*8 ^70 ■*-'^' ^^^us6 (/) of section 70 of The Highway Traffic Act
ciause'Cf) ^'as enacted by section 6 of The Highway Traffic Amendment
s. 6),' 'Act, 1930, is repealed and the following substituted therefor:

repealed.

"''st'^te." (J) "State" means any state of the United States of

America or the District of Columbia.

^^25^8* 72, 18.— (1) Subsection 1 of section 72 of The Highway
^(vQm^ Q 47 '^^^ffi'^ ^^^ ^s enacted by section 6 of The Highway Traffic
s. 6) Amendment Act, 1930, is amended by adding after the words

H mended. ,, ,

"owner's permit" in the first line the words "or permits."

?^25i^*s*'72 ^^^ Subsection 3 of section 72 of The Highway Traffic Act
subs. 8 'as enacted by section 6 of The Highivav Traffic Amendment
8.6) ' 'Act, 1930, is amended by adding at the end thereof the

amended. r n • i

lollowmg words:

"provided that the police magistrate or justice of
the peace before whom such person was charged
may, in his discretion, by a written permit signed by
him, authorize the operation of such motor vehicle
to the boundaries of the province by such route and
by such person as the permit may describe."

f^2b\^Ti3 ^^- section 73 of The Highway Traffic Ac is amended by
(19.30,' c' 47', adding thereto the following subsection:

amended.

Reciprocal (la) The Lieutenant-Governor in Council, upon the

8ubs*°*^ report of the Minister that a state has enacted

hll^g' *^'^ legislation similar in efi"ect to subsection 1 and that

fSsiltion. ^"^^ legislation extends and applies to judgments

rendered and become final against residents of that

state by any court of competent jurisdiction in

Ontario, may, by proclamation, declare that the

provisions of subsection 1 shall extend and apply

to judgments rendered and become final against

residents of Ontario by any court of competent

jurisdiction in such state.

c^^25i^*s.*77, 20. Section 77 of Tlie Higfiway Traffic Act is amended by
(19:^0, c. 47; inserting at the commencement thereof the words "Subject
amended. to the provisions of subscction 2a of section 78."

?®25i^*8*Vs 21 -"(1) Subsection 1 of section 78 of The Highway
subs, i ' ' Traffic Act is amended by inserting at the commencement

V]9'^0, c. 47,

S. G) .. TO

aniended. loo

Section 17. The present clause omitted reference to the District of
Columbia which should be covered thereby.

Section 18. — (1) This subsection is amended to correspond with
subsection 2, the intention being that all permits issued to a person to
whom this subsection applies shall be suspended pending proof of financial
responsibility.

Section 18. — (2) The amendment is desirable to permit of motor
vehicles being transported to a border point on special permit from a
magistrate, as under the section as now worded conviction automatically
prevents a motor vehicle being moved.

Section 19. — This subsection provides for suspension of permits and
license of an Ontario motorist pending payment of a judgment rendered
against him by a court of any State of the United States having similar
legislation in effect and recognizing judgments rendered by courts in
Ontario against residents of that State. It is in furtherance of the general
scheme for reciprocal legislation.

Sections 20 and 21 (1) and (2). These amendments to sections 77 and
78 are intended to permit the Minister to accept as proof of financial
responsibility an insurance policy certificate, bond or securities in the
amount of not less than $50,000 from owners of large fleets of vehicles,
so as to procure their voluntary participation in the scheme.

138

thereof the words "Subject to the provisions of subsection
la of section 78."

f^25i^*s*V5. (2) Section 78 of The Highway Traffic Act is amended by
(1930,' c. 47; adding thereto the following subsection:

amended.

Fleet of cars. (2a) In the case of an owner of ten or more motor

vehicles to whom this Part applies, proof of financial
responsibility in a form and in an amount, not less
than $50,000, satisfactory- to the Minister, may be
accepted as sufficient for the purposes of this Part.

f ^251^*8*78 (^) Subsection 3 of section 78 of The Highway Traffic Act
subs. 3 ' is repealed and the following substituted therefor:

(1930, c. 47, '^ '^

s. 6)

^^^^^ ® ■ (3) A person who is not a resident of Ontario may, for

non-resi^ the purposes of this Part, give proof of financial

'^®'^*^- responsibility as provided in subsection 1 or by

filing a certificate of insurance in form approved by
the Registrar issued by any insurer authorized to
transact insurance in the state or province in which
such person resides, provided such insurer has filed
with the Registrar in the form prescribed by him:

(a) a power of eittorney authorizing the Registrar
to accept service of notice or process for
itself and for its insured in any action or
proceeding arising out of a motor vehicle
accident in Ontario;

(b) an undertaking to appear in any such action
or proceeding of which it has knowledge; and

(c) an undertaking not to set up as a defence to
any claim, action or proceeding under a motor
vehicle liability policy issued by it, a defence
which might not be set up if such policy had
been issued in Ontario in accordance with the
law of Ontario relating to motor vehicle
liability policies, and to satisfy up to the
limits of liability stated in the policy, any
judgment rendered and become final against
it or its insured by a court in Ontario in any
such action or proceeding.

c^ 251^8^*78 ^^'^ Section 78 of The Highway Traffic Act is amended by
(1930,' c.' 47! adding thereto the following subsection:

amended. ■

Default of (4) If an insurer which has filed the documents described

''^'^"^^^' in subsection 3 defaults thereunder, certificates of any

such insurer shall not thereafter be accepted as proof

138

Section 21 (3) and (4). The purpose of new subsections 3 and 4 of
section 78 is to facilitate proof of financial responsibility by non-residents
driving in Ontario who hold insurance policies issued in the Province or
State in which they reside by insurance companies not licensed in Ontario,
covering their liability in Ontario as well as elsewhere. The amendment
provides for the acceptance of certificates of insurance in such cases if
the insurer has complied with the requirements prescribed, namely, the
filing of a power-of-attorney and the undertakings therein mentioned.

of financial responsibility under this Part so long as
such default continues, and the Registrar shall forth-
with notify the Superintendent of Insurance and the
registrar of motor vehicles or other officer or officers,
if any, in charge of registration of motor vehicles
and the licensing of operators in all provinces and
states where the certificates of such insurer are
accepted as proof of financial responsibility.

Rev^^stat 22. — (1) Clause a of subsection 1 of section 87 of The

.subs. i,-ci. a. Highway Traffic Act is amended by adding at the end thereof
.s. 6), ' ' ' the words "for both injury to the person and propert^' damage

amended. i -u j "

as above prescribed; or, .

c^^25i^*s*87 ^^^ Clause h of said subsection 1 is amended by adding
a 93 6 ^c '^47''' ^^ ^^^ ^"'^ thereof the words "or for both injury to the person
s. 6), ' ' ' and property damage as above prescribed."

amended. i- i- .r fe h

^^25i^*s.*'87, (^) ^^^ ^^^^ section 87 is amended by adding thereto
(1930, 0. 47, the following subsection:

s. 6), °

Special ' (la) Notwithstanding the provisions of subsection 1,

p^'ii^y. where the coverage prescribed thereby is incon-

sistent with the coverage required under any other
Act or is, in the opinion of the Superintendent,
unsuitable to any special form of contract he may
approve a form of motor vehicle liability policy
sufficient or appropriate to insure the risks required
or proposed to be insured, and any form of policy
so approved shall be valid.

^®25i^*s.*87, (4) Subsection 3 of said section 87 is amended by striking

(i930,^c. 47, ^^^ ^^^ words "in his opinion, specifying the reasons therefor,

am^e\'ided. ^^^ ^^^"^ °^ poHcy does not comply with the law of Ontario"

and substituting therefor the words "the form of policy is

not approved, specifying the reasons therefor."

^^25i^*s.*'87, (5) The said section 87 is further amended by adding
s.^6h^' °" '*^' thereto the following subsections:

amended.

Notification /f>\ i-ir, , . . . .. ^ .

of accidents l"j Where a person, who is not a resident of Ontario,

jy insurers. jg ^ party to an action for damages arising out of

a motor vehicle accident in Ontario for which
indemnity is provided by a motor vehicle liability
policy, the insurer named in the policy shall, as
soon as it has knowledge of the action from any
source, and whether or not liability under such
policy is admitted, notify the Registrar in writing,
specifying the date and place of the accident and
the names and addresses of the parties to the action

138

Section 22. The amendments to clauses (a) and (b) of subsection 1
are to make it clear that a motor vehicle liability policy need not insure
against both public liability and property damage, unless such policy is
offered as proof of financial responsibility.

The addition of subsection la is to provide for special forms of risk
such as passenger liability insurance for public vehicles and contingent
liability risks, etc.

The amendment of subsection 4 is to enable the Superintendent to
disapprove forms which in his opinion are improper even if quite valid in
law.

The added subsections 9 and 10 are to assist in obtaining information
as to accidents and as to insurance carried bv non-residents.

138

and of the insurer, which notification shall be open
to inspection by parties to the action.

Default of (10) Notwithstanding anything in this Part contained,

insurer to i t-» • c^ j o >

notify. the Registrar may decline to accept as proof of

financial responsibility the certificates of any insurer
which fails to comply with the provisions of sub-
section 9.

Rev. Stat 23. Subsection 1 of section 89 of The Hishway Traffic Act

C. ^51, S. 89, . Ill- • r 1 <!• . ..

subs. 1 is amended by inserting after the word investigates in the

s. 6) ' ' 'first line the words "and every Crown attorney and police
amended. ^^^^j. having a knowledge of."

mel?t'"oTA^o"t. ^'*- ^^^^ ^^^ ^^^^^ comc iuto forcc on the day upon which
it receives the Royal Assent.

138

Section 23. This amendment is to enlarge and facilitate the means
for obtaining speedy information as to fatal accidents for the purposes of
the Department.

138

>
>

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r
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No. 138

2nd Session, 18th Legislature, Ontario
21 George V, 1931

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. 138

1931

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:

Short title. J fhis Act may be cited as The Highway Traffic Amend-
ment Act, 1931.

Rev. Stat., 2. Clause (g) of section 1 of The Highway Traffic Act
ci. g, ' ' ' is amended by striking out the words 'Tublic Works and"

amended. . ^, ^ ^ i-

m the first Ime.

o^^25'i^*s^4' 3.— (1) Subsection 1 of section 4 of The Highway Traffic
subs. 1. ^Qi is amended by striking out the words "and every trailer"

amended. .

in the second hne.

s. 4, subs. 3, (2) Subsection 3 of the said section 4 is amended by
striking out all of the words after the word "goods" in the
eighth line.

(3) The said section 4 is further amended by adding
thereto the following subsection :

S. 4,
amended.

mfmber plate (^^) Every trailer while being drawn on a highway

on trailer. shall have exposed on the back thereof, in a con-

spicuous position, a number plate furnished by the
Department showing in plain figures the number of
the permit issued for the current year.

0^251^1^9' **• — ^'^^ Subsection 1 of section 9 of The Highway Traffic
subs.'i ■ ' Act is amended by adding at the end thereof the words

amended. ,,. ^ c , , ,,

from the front or rear, as the case may be.

fi.Vh'^^'^^' (^) Clause (a) of subsection 18 of the said section 9 is
amended. amended by adding at the end thereof the words "from the
front and from the rear of the vehicle."

^751^1^*11, ^ Subsection 1 of section 11 of The Highway Traffic Act

c"48 s ^if^°^^ enacted by section 4 of The Highway Traffic Amendment

amended." Act, 1930 (No. 2), is amended by inserting after the word

"vehicle" in the first line the words "other than a motorcycle."

138

6. Section 22 of The Highway Traffic Act is amended byRev.stat..
adding thereto the following subsection: amended. '

(4a) If a motor vehicle which shows evidence of having Garages
been involved in a serious accident or having been poHceTn ^
struck by a bullet is brought into a garage or repair [o'^^lr*
shop the person in charge of the garage or repair f^f^^j^^^^g
shop shall forthwith report the same to the nearest «.'' showing

• • I • • 1 1- rr • • 1 Signs of

provmcial or municipal police oiricer, giving the shooting.
name and address of the owner or operator and
also the permit number and a description of the
vehicle.

7. The Highway Traffic Act is amended by adding thereto Rev. stat.
the following section : amen\ied.

27a.— (1) Subject to the provisions of sections 26 and Unnecessary
27 no motor vehicle shall be driven upon a highway pr<^hibited.
at such a slow rate of speed as to impede or block
the normal and reasonable movement of traffic
thereon except when such slow rate of speed is
necessary for safe operation having regard to all
the circumstances.

(2) Any person who violates any of the provisions of p®'^^i*^>'-
this section shall incur for the first offence a penalty
of not less than $5 and not more than $50 and for
any subsequent offence not less than $10 and not
more than $100 and in addition his license or permit,
or both, may be suspended for any period not
exceeding thirty days.

8. Subsection 8 of section 31 of The Highway Traffic ^(^if^25-?^s^ii
as enacted by section 8 of The Highway Traffic A mendment subs, s
Act, 1929, is amended by striking out the words "Publics. 8), ' ' '
Works and" in the second line. amended.

9. Subsection 1 of section 34 of The Highway Traffic Act as ^^25-^^1^*3^
enacted by subsection 1 of section 7 of The Highway ^^^^Cq9|5\ 43'
Amendment Act, 1930 (No. 2), is amended by striking outs. 7, subs. 1'),
all of the words after the word "vehicle" in the seventh line

and inserting in lieu thereof the words "provided that the
Department may by regulation designate any vehicle or
classes of vehicles to which any or all of the provisions of
this subsection shall not apply."

10. Subsection 1 of section 35 of The Highway Traffic ylc/ Rev. stat..
as enacted by subsection 1 of section 8 of The Highway suts^'i^'^^'
Traffic Amendment Act, 1930 (No. 2), is amendied by adding ^^|^^'u^,s^^y
thereto the following clauses: amended.

138

Rule for
right turn at
intersections.

(b) The driver or operator of a vehicle intending to
turn to the right into an intersecting highway shall
approach such intersection and turn as closely as
practicable to the right curb or edge of the travelled
portion of the highway.

Rule for
left turn at
intersections.

Signal for
left turn.

(d) The driver or operator of a vehicle upon a highway
before turning to the left from a direct line shall
first see that such movement can be made in safety,
and if the operation of any other vehicle may be
affected by such movement shall give a signal
plainly visible to the driver or operator of such
other vehicle of the intention to make such move-
ment.

Mode of
signalling for
left turn.

How
to signal
manually.

Rev. Stat.,
c. 251,
amended.

Parking cars
on highways
and at
curves.

Removal of
car parked at
prohibited
place.

11. The Highway Traffic Act is amended by adding thereto
the following section :

(2) Whenever a police constable or an oflficer appointed
for carrying out the provisions of this Act shall
find a vehicle upon a highway in violation of the
provisions of this section, he may move such

138

vehicle or require the driver or operator or other
person in charge of such vehicle to move the vSame.

(3) The provisions of this section shall not apply to the Disabled
driver or operator of a vehicle which is so disabled

while on a highway that it is impossible to avoid
temporarily a violation of such provisions.

(4) Any person who violates any of the provisions of Penalty,
this section shall incur for the first offence a penalty

of not less than $5 and not more than $50 and for
any subsequent offence not less than $10 and not
more than $100 and in addition his license or permit,
or both, may be suspended for any period not
exceeding thirty days.

12. Section 39 of The Highway Traffic Act is amended by ^^5 1^*^*39
adding thereto the following subsection: amended.

(la) No person shall, while on the travelled portion of a Soiicit-

I . , ... • 1 r 1 1 • if^g rides

highway, solicit a ride from the driver or operator prohibited,
of a motor vehicle other than a public vehicle.

13. Subsection 1 of section 44 of The Highivay Traffic Act^^^^-^^^^^'^
is amended by striking out all of the words after the word subs. 1,

... ,, . , / , ,. amended.

Act in the fourth line.

14. Clauses (a), (b) and (c) of section 47a of The Highway nev. stat..
Traffic Act as enacted by section 5 of The Highway Traffic agso.'c' 47^
Amendment Act, 1930, are repealed and the following substi- Infended.
tuted therefor:

(a) Such notice or process may be served by leaving a service of
copy thereof with or at the oflfice of the Registrar,
together with a bond in form and by sureties
approved by the Registrar in the sum of $200
conditioned on the failure of the plaintiff to prevail
in the action for the purpose of reimbursing the
defendant for the expenses necessarily incurred by
him in defending the action in Ontario.

(6) Such service shall be sufficient vservice if notice of Sufficiency

01 SGrVlCG

15. Subsection 3 of section 53 of The Highway Traffic ^^^^^51^*^*53
is repealed. subs. 3.

^ repealed.

138

Rev. Stat. iQ Subsection 1 of section 58 of The Highway Traffic Act

subs. 1, IS amended by inserting after the words and figures under

amended. . a ^,, • t -ii- i i ir it

section 16 in the ninth hne the words and hgures or section
66," and by striking out the words "and the name, address
and description of his employer" in the tenth and eleventh
lines, and by inserting after the words and figures "under
section 16" in the sixteenth line the words and figures "or
section 66, as the case may be."

c.^251, s. Vo, 17. Clause (/) of section 70 of The Highway Traffic Act
^i^To, c. 47, as enacted by section 6 of The Highway Traffic Amendment
repealed. -^^^f 1930, is repealed and the following substituted therefor:

"State." (/) "State" means any state of the United States of

America or the District of Columbia.

0^^251^*6*72 ^^- — ^^) Subsection 1 of section 72 of The Highway
s.ubs i 'Traffic Act as enacted by section 6 of The Highway Traffic
^„?' \ J Amendment Act, 1930, is amended by adding after the words
"owner's permit" in the first line the words "or permits."

amended.

Rev. Stat,
c. 251, s. 72

(2) Subsection 3 of section 72 of The Highway Traffic Act
ti9-^b"^c 47 ^^ enacted by section 6 of The Highway Traffic Amendment
^' ^^ A A Act, 1930, is amended by adding at the end thereof the
following words:

c^^25i^*6.*V3, 1^- Section 73 of The Highway Traffic Act as enacted by
(i93o, c. 47, section 6 of The Highway Traffic Amendment Act, 1930, is
amended. amended by adding thereto the following subsection:

Sre'^ct oT''^ (1^) The Lieutenant-Governor in Council, upon the

with states report of the Minister that a state has enacted

^^J'illl legislation similar in effect to subsection 1 and that

BHIlllH,r , ,

legislation. such legislation extends and applies to judgments

rendered and become final against residents of that
state by any court of competent jurisdiction in
Ontario, may, by proclamation, declare that the
provisions of subsection 1 shall extend and apply
to judgments rendered and become final against
residents of Ontario by any court of competent
jurisdiction in such state.

^^25i^*s*'77 ^^" Section 77 of The Highway Traffic Act as enacted by
(1930,' c.' 47; section 6 of The Highway Traffic Amendment Act, 1930, is

amended. .• .,0

amended by inserting at the commencement thereof the
words "Subject to the provisions of subsection 2a of
vsection 78."

21.— (1) Subsection 1 of section 78 of The Highway f^^i,^^^;-^^^
Traffic Act as enacted by section 6 of The Highway Traffic V^^?^^^^ ^ ^^
Amendment Act, 1930, is amended bv inserting; at the com-^-^) ' ^

1 f 1 1 <<<- 1 •' t • • -amended.

mencement thereof the words Subject to the provisions or
subsection 2a of section 78.

(2) The said section 78 is amended by adding thereto theo. 2.51, s. '75.
r 11 • 1 .• (i9.'?o, c. 47,
lollowing subsection: .s. 6)

amended.

(2a) In the case of an owner of ten or more motor ^'®®* ^^ ^^'■^•
vehicles to whom this Part applies, proof of financial
responsibility in a form and in an amount, not less
than $50,000, satisfactory to the Minister, may be
accepted as sufficient for the purposes of this Part.

(3) Subsection 3 of the vsaid section 78 is repealed and the c. ^251, s. Vs.
following substituted therefor: I'losb^c 47

.s. 6 ) ' '
repealed.

(3) A person who is not a resident of Ontario may, for ^

the purposes of this Part, give proof of financial non-resi-
responsibility as provided in subsection 1 or by
filing a certificate of insurance in form approved by
the Registrar issued by any insurer authorized to
transact insurance in the state or province in which
such person resides, provided such insurer has filed
with the Registrar in the form prescribed by him:

(a) a power of attorney authorizing the Registrar
to accept service of notice or process for
itself and for its insured in any action or
proceeding arising out of a motor vehicle
accident in Ontario;

(b) an undertaking to appear in any such action
or proceeding of which it has knowledge; and

(c) an undertaking not to set up as a defence to
any claim, action or proceeding under a motor
vehicle liability policy issued by it, a defence
which might not be set up if such policy had
been issued in Ontario in accordance with the
law of Ontario relating to motor vehicle
liability policies, and to satisfy up to the
limits of liability stated in the policy, any
judgment rendered, and become final against
it or its insured by a court in Ontario in any
such action or proceeding,

138

c^^2^'i^\^*78 (^) '^^^ ^^^^ section 78 is amended by adding thereto the
(i93o,' c. 47,' following subsection:

amended.

Default of (4) If an insurer which has filed the documents described

insurer. j^ subsection 3 defaults thereunder, certificates of any

such insurer shall not thereafter be accepted as proof
of financial responsibility under this Part so long as
such default continues, and the Registrar shall forth-
with notify the Superintendent of Insurance and the
registrar of motor vehicles or other officer or officers,
if any, in charge of registration of motor vehicles
and the licensing of operators in all provinces and
states where the certificates of such insurer are
accepted as proof of financial responsibility.

?^25i^*s*'87 22.— (1) Clause a of subsection 1 of section 87 of The

subs, i, c] a. Highway Traffic Act as enacted by section 6 of The Highway

8.6),' ■ ' Traffic Amendment Act, 1930, is amended by adding at the

end thereof the words "for both injury to the person and

property damage as above prescribed; or,".

?^®25i^*s*'87 ^^^ Clause h of said subsection 1 is amended by adding
subs, i, ci. 6.' at the end thereof the words "or for both injury to the person
8. 6), ' ■ ' and property damage as above prescribed."

nmended.

^^2bx^f"8i ^^^ ^^^ ^^^^ section 87 is amended by adding thereto
(1930,' c. 47,' the following subsection:

Special ' (la) Notwithstanding the provisions of subsection 1,

poiicy^^ where the coverage prescribed thereby is incon-

?®25i^*s.*'87, (^) Subsection 3 of said section 87 is amended by striking

(1930,^0. 47. °"^ ^^^ words "in his opinion, specifying the reasons therefor,

anf^Aded *^^ ^^^^ °^ policy does not comply with the law of Ontario"

and substituting therefor the words "the form of policy is

not approved, specifying the reasons therefor."

^^25i^*s.*'87. (5) The said section 87 is further amended by adding
^(1930,' c. 47,' thereto the following subsections:

amended.

of°a,ccidente (9) Where a person, who is not a resident of Ontario,

by insurers. jg ^ party to an action for damages arising out of

a motor vehicle accident in Ontario for which

138

indemnity is provided by a motor vehicle liability
policy, the insurer named in the policy shall, as
soon as it has knowledge of the action from any
source, and whether or not liability under such
policy is admitted, notify the Registrar in writing,
specifying the date and place of the accident and
the names and addresses of the parties to the action
and of the insurer, which notification shall be open
to inspection by parties to the action.

(10) Notwithstanding anything in this Part contained, /^lul^er^o^
the Registrar may decline to accept as proof of^otify-
financial responsibility the certificates of any insurer
which fails to comply with the provisions of sub-
section 9.

23. Subsection 1 of section 89 of The Highway Traffic Act as ^®25i^*8*'89
enacted by section 6 of The Highway Traffic Amendment -^^^i /Vofo^
1930, is amended by inserting after the word "investigates" ins. 6) '

the first line the words "and every Crown attorney and
police officer having a knowledge of."

24. This Act shall come into force on the day upon which msnt^oTAl^t.
it receives the Royal Assent.

138

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No.'l39

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting the Department of Public Welfare.

Mr. Henry (York, East)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 139 1931

BILL

Short title.

An Act respecting the Department of Public
Welfare.

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 Department of Public
Welfare Act, 1931.

Interpreta- g. In this Act,-

m^nr^-'^*' (a) "Department" shall mean the Department of

Public Welfare.

"Minister." (^^^ "Minister" shall mean the member of the Executive

Council for the time being in charge of the Depart-
ment.

Department 3. There shall be a department of the public service of
weifere° Ontario to be known as "The Department of Public Welfare"
over which the Minister shall preside and have charge.

Jurisdiction 4 -pj^g Department shall administer such Acts, and regu-
Department. lations made thereunder, as may be provided therein or as
may from time to time be designated by the Lieutenant-
Governor in Council.

Kartment. ^ The Department may,-

(a) institute enquiry into and collect information and
statistics relating to all matters of public welfare;

(&) disseminate information in such manner and form
as may be found best adapted to promote public
welfare ;

(c) secure the- observance and execution of the pro-
visions of all Acts and regulations dealing with
matters of public welfare ;

139

Explanatory .\oti:s

Consequent upon the appointment of a Minister of Public Welfare
it is necessary to provide adequate legislation to enable him and his
Department to function.

Legislation of a similar character was passed upon the appointment
of the Minister of Labour.

139

{d) investigate, inspect and report upon all activities,
agencies, organizations, associations or institutions
having for their object the social welfare or care of
men, women and children in Ontario and which
are not under the control of any other department
of the public service of Ontario;

{e) recommend to the Lieutenant-Governor in Council
regulations respecting welfare institutions, organi-
zations, or agencies and governing the soliciting
of alms, food, clothing, moneys and contributions of
any kind for charitable or benevolent purposes in
Ontario.

report^.' ^- ^^^ Department shall submit to the Lieutenant-

Governor in Council an annual report upon the affairs and
work of the Department as he may require, and such report
shall be laid before the Assembly within twenty-one days
after the commencement of the next Session.

cim-ltabie^^'^ '^ • ^^^ Lieutenant-Governor in Council upon the recom-
institutions. mendation of the Minister may from time to time declare
any charitable institution or class or classes of charitable
institutions to be subject to the control of the Minister
and may with respect thereto make regulations relating to
any such charitable institution or institutions and their affairs
and particularly in respect to the procuring of funds from
the public and as to their application.

ment'of" ^" ^^^ Lieutenant-Governor in Council may upon the

inspectors, recommendation of the Minister appoint any officer of the
Department as an inspector for the purposes of any Act
administered by the Department, where provision is not made
in such Act for the appointment of an inspector, and an
inspector so appointed shall have such powers and perform
such duties as may from time to time be prescribed by the
Lieutenant-Governor in Council.

Commence-
ment of Act.

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

139

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No. 139

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting the Department of Public Welfare.

Mr. Henry (York, East)

TORONTO

I'rintkd by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 139 1931

BILL

An Act respecting the Department of Public
Welfare.

HIS MAJESr\', 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 Department of Public
Welfare Act, 1931.

IiUerpreta- ^ j^^ ^j^j^ .^^^ _

riienr''^ (a) "Department" shall mean the Department of

Public Welfare.

"Minister." ^^^ "Minister" shall mean the member of the Executive

Council for the time being in charge of the Depart-
ment.

Deljartment 3. There shall be a department of the public service xof
weTfire.^ Ontario to be known as "The Department of Public Welfare"
over which the Minister shall preside and have charge.

Jurisdiction ^ 'j-j^^ Department shall administer such Acts, and regu-
Departmeut. lations made thereunder, as may be provided therein or as
may from time to time be designated by the Lieutenant-
Governor in Council.

Kartment. ^ The Department may,-

(a) institute enquiry into and collect information and
statistics relating to all matters of public welfare;

(b) disseminate information in such manner and form
as may be found best adapted to promote public
welfare ;

(c) secure the observance and execution of the pro-
visions of all Acts and regulations dealing with
matters of public welfare;

139

(d) investigate, inspect and report upon all activities,
agencies, organizations, associations or institutions
having for their object the social welfare or care of
men, women and children in Ontario and which
are not under the control of any other department
of the public service of Ontario;

(e) recommend to the Lieutenant-Governor in Council
regulations respecting welfare institutions, organi-
zations, or agencies and governing the soliciting
of alms, food, clothing, moneys and contributions of
any kind for charitable or benevolent purposes in
Ontario.

6. The Department shall submit to the Lieutenant- fpporf'
Governor in Council an annual report upon the affaire and
work of the Department as he may require, and such report
shall be laid before the Assembly within twenty-one days
after the commencement of the next Session.

7. The Lieutenant-Governor in Council upon the fecom- ^j^°^^j.^[.'j|^,<^^'^''

mendation of the Minister may from time to time declare ''i'"'''

any charitable institution or class or classes of charitable
institutions to be subject to the control of the Minister

and may with respect thereto make regulations relating to
any such charitable institution or institutions and their affairs
and particularly in respect to the procuring of funds from
the public and as to their application.

8. The Lieutenant-Governor in Council may upon theAppoiut-
recommendation of the Minister appoint any officer of the inspectors.
Department as an inspector for the purposes of any Act
administered by the Department, where provision is not made

in such Act for the appointment of an inspector, and an
inspector so appointed shall have such powers and perform
such duties as may from time to time be prescribed by the
Lieutenant-Governor in Council.

9. This Act shall come into force on the day upon which £°"l'"^f"'i®'.

•' ^ ment of Act.

It receives the Royal Assent.

139

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No. 140

2nd Session, 18tii Le(3islature, Ontario
21 George V, 1931

BILL

The McMaster University Lands Act, 1931.

Mr. Monteith

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Maihsty

No. 140 1931

BILL

The McMaster University Lands Act, 1931.

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

Short title J q-j^jg ^(,(. j^^y |3g j,|(-gj ^g Yjjg McMaster University

Lands Act, 1931.

Lands on 2. The lands described as follows, namely, —

Bloor Sti'eet, ' -^ '

Toronto,

Province. "All and singular that certain parcel or tract of land and

premises situate, lying and being in the said city of
Toronto (containing by admeasurement one and
forty-three one-hundredths (1 43/lOOths) acres
more or less) being parts of park lots numbers twelve
and thirteen, more particularly described as follows:
Commencing in the southerly limit of Bloor Street
at a point where a stone monument has been planted
at the distance of seven hundred and eighty-six feet
on a course north seventy-four degrees east from the
easterly limit of St. George Street; thence north
seventy-four degrees east or along the southerly limit
of Bloor Street two hundred and fifty feet to a stone
monument; thence south sixteen degrees east or at
right angles to Bloor Street two hundred and fifty
feet to a stone monument and thence south seventy-
four degrees west or parallel to Bloor Street two
hundred and fifty feet to a stone monument and
thence north sixteen degrees west or at right angles
to Bloor Street, two hundred and fifty feet to the
place of beginning. Save and except the strip of
land containing 3,414 8/10 square feet taken from
the front of said parcel for the widening of Bloor
Street, by the city of Toronto under the authority
of by-law number 9416, finally passed November
28th, A.D. 1922;

are hereby vested in His Majesty the King in the right of the
Province of Ontario for the general purposes of the Province,

140

free from all trusts, covenants, conditions, restrictions, liens,
charges and encumbrances whatsoever.

Commence- r» 't>i • a i n ■ r , , , ■ i

ment of Act. c5. 1 his Act shall come mto lorce on the day upon which
it receives the Royal Assent.

140

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No. 140

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The McMaster University Lands Act, 1931.

Mr. Monteith

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 140

1931

BILL

Short title.

The McMaster University Lands Act, 193 1.

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 McMaster University
Lands Act, 1931.

Lands on
Bloor Street,
Toronto,
vested in
Province.

2. The lands described as follows, namely, —

"All and singular that certain parcel or tract of land and
premises situate, lying and being in the city of
Toronto in the county of York and Province of
Ontario (containing by admeasurement one and
forty-three one-hundredths (1 43/lOOths) acres, be
the same more or less) and being parts of park lots
numbers twelve and thirteen, more particularly
described as follows: Commencing in the southerly
limit of Bloor Street at a point where a stone monu-
ment has been planted at the distance of seven
hundred and eighty-six feet on a course north
seventy-four degrees east from the easterly limit
of St. George Street; thence north seventy-four
degrees east or along the southerly limit of Bloor
Street two hundred and fifty feet to a stone monu-
ment; thence south sixteen degrees east or at right
angles to Bloor Street two hundred and fifty feet
to a stone monument and thence south seventy-
four degrees west or parallel to Bloor Street two
hundred and fifty feet to a stone monument and
thence north sixteen degrees west or at right angles
to Bloor Street, two hundred and fifty feet to the
place of beginning. Save and except the strip of
land containing 3,414 8/10 square feet taken from
the front of said parcel for the widening of Bloor
Street, by the city of Toronto under the authority
of by-law number 9416, finally passed November
28th, A.D. 1922;

140

are hereby vested in His Majesty the King in the right of the
Province of Ontario for the general purposes of the Province,
free from all trusts, covenants, conditions, restrictions, liens,
charges and encumbrances whatsoever.

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

140

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No. 141

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Superannuation and Benefit Funds for Firemen.

Mr. Murphy (St. Patrick)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 141

1931

BILL

An Act respecting Superannuation and Benefit
Funds for Firemen.

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 Firemen s Superannuation
and Benefit Fund Act, 1931.

Establish-
ment of
Benefit
Fund;
payment to
cover
accrued
liability;
power to
borrow
money.

2. — (1) It shall be the duty of every municipal corporation
mentioned in schedule "A" to this Act to establish, prior to
the first day of January, 1933, a superannuation and benefit
fund for the benefit of the permanent employees of the fire
department, hereinafter called the "firemen," and to pay into
such fund the amounts set opposite the names of each cor-
poration (or such increased or decreased amount as the
Superintendent of Insurance may certify to be necessary, to
cover the accrued liability at that date) ; and may borrow
money for that purpose by the issue of debentures payable
within a period not exceeding twenty years without obtaining
the assent of the electors entitled to vote on money by-laws.

Annual
contribu-
tion by
munici-
pality.

(2) It shall also be the duty of every such municipal cor-
poration to pay into the fund annually at least two per
centum of the total amount of the annual wages or salaries
paid to the firemen.

funi^ ^^ ^'^^ ^^^ ^^^^ ^^^^^ be known as "The Firemen's Super-
annuation and Benefit Fund of ,"

(inserting the name of each municipal corporation) hereinafter
called the "Fund."

Revenue
of fund.

(4) The proceeds of all fines which may from time to time
be imposed upon the firemen, and all moneys required to be
paid into the said fund by the municipal corporation, and
any other moneys which may from time to time be legiti-
mately applied thereto by the council of the corporation,
shall be placed to the credit of the said fund.

141

Explanatory Notes

This Bill is the same as Bill 156 which was introduced in 1930 with
some minor amendments to Schedules "A" and "B."

The purpose of the Bill is to bring about the establishment of a com-
pulsory superannuation and benefit fund for the members of fire depart-
ments in the several cities and towns mentioned in Schedule "A" and to
ensure that the fund will be commenced on a sound actuarial basis the
municipalities are required to pay into the fund the amounts set forth
against them respectively in the schedule and authority is given for the
issue of debentures to obtain funds for such purpose.

In future years the municipality is to pay two per cent, of the total
wages of the firemen into the fund and the firemen are to have deducted
an amount not exceeding seven per cent, of their wages.

The Bill contains the necessary provisions with respect to the manage-
ment and operation of the fund, the scale of pensions and benefits which
may be paid from the fund and as to the allowances which are to be paid
to the families of deceased firemen.

The Department of Insurance will have control of the operation of
this fund.

141

Contribu-
tions by
firemen.

3. — (1) Every fireman on the department at the date of
the estabUshment of the fund shall be eligible to participate
in the said fund and shall contribute semi-monthly an amount
not greater than a maximum of seven per centum of the gross
amount of his wages or salary as deemed necessary by the
initial actuarial report.

New
firemen
over 26
excluded.

(2) No firemen over the age of twenty-six years shall be
appointed after the date of the establishment of the fund to
the fire department nor allowed to participate in the said fund.

New
firemen
under 26
must have
medical
examina-
tion.

(3) Every fireman under the age of twenty-six years
appointed after the date of the establishment of the fund
shall participate in the said fund provided he has passed a
satisfactory medical examination by a medical officer of the
municipality, and contributes thereto as provided in this Act.

Contribu-
tions to be
deducted
from
pay-sheet.

(4) The payments provided to be paid into the fund by
this Act shall be deducted on the pay sheet in like manner as
any other stoppages upon the certificate of the chief of the
fire department, and shall be paid over semi-monthly in a
lump sum to the municipal treasurer who shall be the treasurer
of the said fund.

Manage-
ment of
fund by
committee.

4. The fund shall be under the management and control
of a committee which shall be called "The Firemen's Super-
annuation and Benefit Fund Committee," hereinafter called
the committee.

Representa-
tion upon
committee.

5. The committee shall consist of one member of the
municipal council to be appointed annually by the council,
the clerk, the treasurer, and the solicitor, if any, of the
municipality, the chief of the fire department, and one
representative of the firemen to be elected annually by the
members of the department who are eligible to participate
in the fund.

Investment
of fund.

Rev. Stat.,
c. 150.

6. All moneys accumulated in the said fund shall be
invested from time to time on the recommendation of the
committee, approved by the Board of Control, if any, other-
wise by the municipal council, in such securities as a trustee
may invest in under The Trustee Act.

Payments
out of fund.

7. No money shall be paid out of the said fund by the
treasurer unless ordered by the committee and sanctioned by
the Board of Control, if any, otherwise by the municipal
council.

Annual
report of
treasurer.

8. It shall be the duty of the treasurer to prepare an
annual report immediately after the close of each year and
present the said report to the committee at its regular meeting

141

in February, which report shall give the receipts and disburse-
ments of the preceding calendar year in detail, and include a
balance sheet of the assets and liabilities of the fund as at the
close of the said year.

Actuarial
investiga-
tion.

Rev. Stat,
c. 222.

Audit.

Benefits,
allowances
and
pensions.

Rev. Stat,
c. 222.

9. An actuarial investigation of the assets and liabilities
of the fund shall be made at least once in every three years by
a qualified actuary as defined in The Insurance Act appointed
by the committee and the results of the investigations shall
be included in the treasurer's report and a copy thereof shall
be filed with the Superintendent of Insurance forthwith upon
completion.

10. At the end of each year and at such other time as the
municipal council may determine the books and accounts of
the treasurer shall be audited by the municipal auditor who
shall report to the municipal council and to the committee.

11. The firemen shall be entitled to the benefits, allow-
ances and pensions set out in schedule "B" to this Act;
provided that, where the valuation balance sheet of the fund
prescribed by subsection 1 of section 220 of The Insurance Act
shows a surplus of assets of more than five per centum over
and above all net liabilities, the committee may, with the
approval of a qualified actuary as defined in The Insurance
Act, and upon filing a certificate of his approval with the
Superintendent of Insurance, put into effect new benefits or
benefits additional to those set out in schedule "B" to this
Act.

Application

for

benefits.

12. Every application for a pension or an allowance must
come before the committee and a report on the case be sent
in for the approval of the Board of Control, if any, otherwise
by the municipal council, and in cases of difference between
the committee and the council the judgment or decision of
the council shall be final.

Appoint-
ment of
medical
board.

Committee
to

designate
beneficiary.

13. In all cases where a fireman claims a benefit under
sections 2 or 3 of schedule "B" or is reported by the medical
officer of the department as physically or mentally unfit for
further service the committee shall appoint a medical board of
reputable physicians to enquire into the case and report to
the committee, which medical board shall be composed as
follows: one appointed by the committee whose fees shall be
paid by the fund; a second appointed by the claimant who
shall pay his fee; a third appointed by the municipal council
whose fees shall be paid by the corporation.

14. All pensions, allowances and benefits payable out of
the fund shall be paid to the person designated by the
committee.

141

Secretary to 15. The secretary shall keep a correct pension list which
pension list, shall set forth the name, rank, date of birth, description and
service of each pensioner, amount of pension, and the cir-
cumstances under which the pension was granted.

Committee
may make
by-laws and
regulations.

16. The committee may, with the approval of the Board of
Control, if any, otherwise by the municipal council make
such by-laws, rules and regulations as are necessary for the
election of the representative of the firemen upon the com-
mittee and for the proper administration of the fund.

Provisions of
Insurance
Act to
apply.

17. Municipal superannuation and benefit funds created
under the authority of this Act shall for the purposes of The
Insurance Act be deemed to be fraternal societies and subject
to the provisions of the said Act applicable to fraternal societies
the membership of which is confined to municipal employees.

Commence- 18. This Act shall come into force on the day upon which

ment of Act. . . . ^ . . J f

It receives the Royal Assent.

141

SCHEDULE "A"

As AT 30th June, 1929

Accrued

Municipality Liability.

Brantford $93,500

Chatham 61,000

East Windsor 15,500

Fort William 68,000

Gait 16,000

Guelph 33,000

Kingston 75,500

Kitchener 40,500

London 120,000

Niagara Falls 45,000

North Bay 20,500

Oshawa 20,500

Peterborough 26,000

Port Arthur 67,500

Sarnia 14,500

Sault Ste. Marie 59,000

St. Catharines 49,500

St. Thomas 13,500

Walkerville 11,000

Welland 25,000

Windsor 72,000

Woodstock 38,000

Total $985,000

SCHEDULE "B"

Schedule of Benefits

(1) On resignation (except where worn out in service).
Length of service and benefit:

(a) 10 years and under — none.

(b) Over 10 years up to 15 years; Allowance of one-half of his
contributions.

(d) Over 20 years; allowance of 20 days' salary for each full year of
service completed.

(2) On resignation (where worn out in service).
Length of service and benefit:

(a) Up to 15 years; allowance of 20 days' salary for each full year
of service completed.

(b) Over 15 years up to 20 years; allowance of one month's salary
for each full year of service completed.

(d) Over 25 years; pension of one-half salary for life.
141

(3) On disablement from injuries received in the lawful execution of duty,
so as to be wholly or permanently incapacitated from further service
as a fireman.

(o) Pension of one-half salary for life.

Provided, however, that the pension to which a fireman shall be
entitled under the foregoing subsections Nos. 2 and 3 shall not in any case
be greater than the pension specified on retirement after thirty years'
continuous service, under subsection 5 hereof, but such fireman shall be
entitled to receive only the maximum pension under subsection 5 of this
section.

(4) On death from any cause while in the service the sum of a minimum
amount of at least $2,000 and a maximum of $3,500, Provided that
the same amount shall be paid to all ranks.

(5) On retirement after thirty years continuous service:

Pension of one-half salary for life. Provided, however, that the
maximum allowance shall be fixed at $2,000 per annum.

(6) — (a) In estimating the length of service, those firemen who resigned
or were dismissed, and were subsequently reappointed will count
their service from the date of their last appointment.

(b) Pensions shall be payable half-monthly on the first and sixteenth
days of each month.

(7) In the event of a pensioner dying before he has drawn an aggregate
amount of pension equal to what his death benefit would have been
under subsection 4, preceding, had he died in the service immediately
before the commencement of his pension, then there will be payable
the amount of the said death benefit, less the aggregate amount
which he had drawn as pension.

(8)^ — (fl) In calculating the amount of any pension payable under the
provisions of clause b or d oi subsection 2, subsection 3, or subsection 5
of this section, the salary upon which such pension is based shall be
the average salary or wages received by the person in respect of
whom such pension is payable during the last three years of his service.

(b) In case of any other allowance or benefit provided for in this section
which is based on salary, such salary shall in all cases where the
applicant has served for ten years or more, be the average during the
last ten years of his service of his salary or wages upon which he has
paid a percentage to the Fund and in all cases where the applicant
has served less than ten years, shall be the average during the whole
time of his service of the salary or wages upon which he has paid a
percentage to the Fund.

141

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No. 142

2nd Session, 18tii Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Public Health Act.

Mr. Murphy (St. Patrick)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 142 1931

BILL

An Act to amend The Public Health Act.

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

c. 262, s. sVa, 1. Subsection 2 of section 87a of llie Public Health Act
(1930, c. 52, as enacted by section 3 of 77ze Public Health Act, 1930, is
repealed. repealed.

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

142

Explanatory Note

The repealed subsection exempted from any by-law passed under
section 87a, hairdressing establishments where less than three persons
are employed.

The object of this amendment is to make all hairdressing establish-
ments subject to the by-law when it is approved by the Department of
Health.

142

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No. 143

2nd Session, 18tii Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Bees Act.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Pkintkr to the King's Most Excellent Majesty

No. 143 1031

BILL

All Act to amend The Bees Act.

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

Short title. I xhis Act may be cited as The Bees Act, 1931.

c^%^i/*s^*9 2- Subsection 2 of section 9 of The Bees Act is repealed
subs 2 ' and the following substituted therefor:

repealed. °

Destruction (2) If the inspector finds that foul brood exists in a

disease virulent or malignant type he may immediately

malignant. destroy by fire all colonies of bees so afTected,

together with the hives occupied by them and the

contents of such hives and all tainted appurtenances

that cannot be disinfected.

^^^Ji^^^'^^Nr, 3. Subsection 1 of section 12 of The Bees Act is amended

0. 314, S. 12, »i • 1 r II-

subs. 1, by striking out the word ' certificate m the fourth Ime and

amended. . . t ,. , , i in • >» i i

mserting in lieu thereof the word permit, so that the
subsection will now read as follows:

fnfe^cted (^) ^^^ owner or possessor of an apiary shall not sell,

bees or barter, give away or remove from the premises any

bees or used apiary appliances or apparatus until he
has secured a permit from the Provincial Apiarist
that such bees, used apiary appliances or apparatus
have been properly disinfected and are free from
disease.

Rev. Stat. 4. Section 13 of The Bees Act is amended by striking out

um^nlied. ^^' the words "being authorized by the Inspector" in the fourth

line and inserting in lieu thereof the words "receiving a permit

from the Provincial Apiarist," so that the section will now

read as follows:

Selling 13. Any person whose bees have been destroyed or

bles' after treated for foul brood who sells or offers for sale

extfoshfg* °'" any bees, hives or appurtenances of any kind after

appliances.

143

Explanatory Notes

Section 2. This gives the inspector power to go ahead and destroy
bees found to be infected with foul brood whereas by the present Act he
may only order this to be done. Delay in carrying out the inspector's
orders is found to cause an increase in the disease.

Section 3. This merely provides for the substitution of the word
"permit" for the word "certificate" used in the present Act in order to
make the meaning clearer.

Section 4. The present Act makes it an offence for any person whose
bees have been destroyed or treated for foul brood to sell or offer for
sale such bees, hives or appurtenances before being authorized so to do
by the inspector. By the proposed amendment this authorization must
take the form of a permit from the Provincial Apiarist.

143

such destruction or treatment and before receiving
a permit from the Provincial Apiarist so to do, or
who exposes in his bee-yard, or elsewhere, any
infected comb honey or other infected thing, or
conceals the fact that such disease exists among
his bees, shall incur a penalty of not less than $20
or more than $50, or he may be imprisoned for a
term not exceeding two months.

Rev. Stat. 5. Section 15 of The Bees Act is repealed and the following

c. 314 s. 15

repealed.' ' substituted therefor :

Employment
of special
constables
where

owner offers
resistance.

15. Where such owner or possessor of bees offers resist-
ance to or obstructs the inspector, a justice of the
peace may, upon the complaint of the inspector,
cause a sufficient number of special constables to be
sworn in who shall, under the directions of the
inspector, proceed to the premises of such owner or
possessor and assist the inspector to seize all the
diseased colonies and infected appurtenances and
burn them forthwith, and if necessary the inspector
or constables may arrest the owner or possessor and
bring him before a justice of the peace to be dealt
with according to the provisions of the next preced-
ing section.

ment^o^f^A^jt. ^' This Act shall come into force on the day upon which
it receives the Royal Assent.

143

Section 5. The present section 15 provides that where the owner or
possessor of bees "disobeys the directions of the inspector or offers resist-
ance to or obstructs him, a justice of the peace may — etc." The change
is necessary owing to the amendment made by section 2 of the Bill which
provides that the inspector himself may destroy the bees instead of ordering
this to be done.

143

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No. 143

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Bees Act.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

Short title.

No. 143 1931

BILL

An Act to amend The Bees Act.

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

1. This Act may be cited as The Bees Act, 1931.

f^Iii^B^Q, 2. Subsection 2 of section 9 of The Bees Act is repealed
repealed ^"^ ^^^ following substituted therefor:

Destruction (2) If the inspector finds that foul brood exists in a

diseaee virulent or malignant type he may immediately

ma ignan . destroy by fire all colonies of bees so affected,

together with the hives occupied by them and the

contents of such hives and all tainted appurtenances

that cannot be disinfected.

c^Yi4^*8.*'i2 ^- Subsection 1 of section 12 of The Bees Act is amended
am'end^ed ^^ Striking out the word "certificate" in the fourth line and

inserting in lieu thereof the word "permit," so that the

subsection will now read as follows:

fnfecte^d (1) ^he Owner or possessor of an apiary shall not sell,

arUcies barter, give away or remove from the premises any

Rev. Stat. 4. Section 13 of The Bees Act is amended by striking out

O 314 s 13 . . JO

amended. ' the words "being authorized by the Inspector" in the fourth
line and inserting in lieu thereof the words "receiving a permit
from the Provincial Apiarist," so that the section will now
read as follows:

Selling 13. Any person whose bees have been destroyed or

bees after treated for foul brood who sells or offers for sale

exp\slrfg °^ any bees, hives or appurtenances of any kind after

appliances.

143

5. Section 15 of The Bees Act is repealed and the following Rev^^stat.^_
substituted therefor: repealed.

15. Where such owner or possessor of bees offers resist- Emp^oy^e"^*
ance to or obstructs the inspector, a justice of the constables

, , . r I • where

peace may, upon the complamt or the mspector, owner offers
cause a sufficient number of special constables to be
sworn in who shall, under the directions of the
inspector, proceed to the premises of such owner or
possessor and assist the inspector to seize all the
diseased colonies and infected appurtenances and
burn them forthwith, and if necessary the inspector
or constables may arrest the owner or possessor and
bring him before a justice of the peace to be dealt
with according to the provisions of the next preced-
ing section.

6. This Act shall come into force on the day upon which Sel^t'^oTAct.
it receives the Royal Assent.

143

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No. 144

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to regulate Barber Shops in the Province of Ontario.

Mr. McBrien

TORONTO

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

No. 144

1931

BILL

An Act to regulate Barber Shops in the Province

of Ontario.

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 Barbers' Regulation Act,
1931.

Interpre-
tation.

2. In this Act, —

'Barber."

'Board."

'Minister."

Regulations.

Board of
Examiners,
constitution
and powers.

(a) "Barber" shall mean a person engaged at the vocation
of barber who can skillfully and in a sanitary manner,
shave, cut hair, shampoo, give facial massage, scalp
massage, and other work pertaining to the barber
trade as may be required by the regulations under
this Act;

{b) "Board shall mean the Board of Examiners appointed
under this Act;

(c) "Minister" shall mean the member of the Executive
Council for the time being charged by the Lieutenant-
Governor in Council with the administration of this
Act;

{d) "Regulations" shall mean regulations made under the
authority of this Act.

3. — (1) The Lieutenant-Governor in Council shall appoint
a Board of Examiners which shall be composed of three
persons, all practical master and journeyman barbers, who shall,
subject to the regulations, issue licenses to such applicants
therefor as shall satisfy the Board that they are suitable
persons to be permitted to carry on the occupation of barber,
and shall pay the fee on such licenses prescribed by the
regulations.

144

Explanatory Notk

This Bill provides for the control of the occupation of barber by a
board of examiners to be appointed by the Lieutenant-Governor in Council
and authorizes the making of regulations for the granting of licenses to
applicants, with penalties for carrying on business without a license.

Provision is made for the making of regulations by the Department of
Health relating to the sanitary and other precautions to be taken in barber
shops, the regulations to be enforced by the local medical officer of health.
The Bill also prohibits the carrying on of the occupation of barber by
persons suffering from certain diseases.

The Bill expressly provides that nothing therein shall apply to ladies'
hairdressing establishments and beauty parlours.

144

of^offlce. (^^ ^^^ ^^®^ members of the Board shall serve for the

following periods — the first appointee, one year; the second
appointee, two years; and the third appointee, three years.
All subsequent members of the Board shall hold office for
three years and be elected by ballot in such manner as may be
provided for by the by-law of the associations at the annual
meetings of the association or at a special meeting called for
that purpose.

ment U)*case (^) I" the event of any resignation or death of any member
tibrfor^death ^^ ^^^ Board, the Board may appoint a successor for the
unexpired time.

Quorum. 4., Any two members of the Board shall form a quorum.

Secretary. g ^Yhe Board may appoint some person to be secretary of

the Board.

shall be entered the name of every person to whom a license
is granted under the Act, the date at which the same is
granted and also his place of residence at time of application
for license.

Reguiiations. 7 Yhe Lieutenant-Governor in Council may from time to
time make regulations, —

(a) for the granting of licenses to applicants under this
Act, and the evidence to be furnished by candidates
as to sobriety, good character and freedom from
communicable disease, also their previous training
and experience;

(b) determining the duration of such licenses and the

method of renewal for same;

or renewal thereof;

(d) prescribing the cause for which any license may be
revoked, cancelled or suspended;

(e) fixing the fees or other remuneration to be paid to the

members and staff of the Board.

nUes'as'to ^' ^^^^V Person engaged in the occupation of barber at

the time of the passing of this Act, and who applies to the
Board for a certificate of qualification on or before the 1st
day of July, 1931, shall upon furnishing such evidence as to
sobriety, good character, freedom from communicable disease,

144

and experience as the Board may require, and upon payment
of the prescribed fee, be entitled to receive a certificate of
qualification from the Board.

deriwioi/of'" ^- Any persou aggrieved by the decision of the Board may
the Board, appeal therefrom to the Minister after such notice as the

Minister may prescribe, and the decision of the Minister shall

be final.

Minister" ^^ '^^e Board shall on or before the 15th day of January

in every year, make to the Minister a report in writing for the
year ending on the 31st day of December of the previous year
showing, — -

(a) the number of licenses granted by them during the
preceding year and the persons to whom granted;

(b) the number of applications refused during the preced-

ing year, and the cause for refusing same;

during the preceding year, and the cause for refusal
of same;

(d) the amount of fees received by them from applicants
for licenses and renewals thereof during the preceding
year;

(e) travelling and other expenses of the Board, also the

fees, salary or other remuneration received by the
Board or any member thereof, and

(/) such other matters as may be directed by the Minister,
or by the Lieutenant-Governor in Council.

Audits o' ^ -- .T>, .

recei,pts and 11. 1 he receipts and expenditures of the Board shall be
tiires. audited by a chartered accountant, not a member of the

Board, and the fees, salary, . or other remuneration
paid to the Board shall be paid out of the fees received from
candidates or others, and shall in all cases be subject to
approval by the Minister.

to be exposed 12. A license held by any person under the Act shall at all
o view. times be exposed to view in the place of business carried on
by such person, or in the place of business in which he is
employed, and failure to keep such license so displayed shall
be prima facie evidence of the lack of qualification under the
Act.

144

Penalties. J3 After the expiration of three months from the date of

the pubHcation of the notice of the organization of the Board,
every person who, not being the holder of a Hcense issued by
the Board, or a renewal thereof, carries on the business of an
operating barber, or is employed as such, or who uses any
signs, letters or any other means of advertising himself as a
barber, shall incur a penalty not exceeding $25 for each and
every offence.

how^re'cover- 1^- The penalties provided by this Act shall be recoverable
Rev Stat Under The Summary Convictions Act.

C. 121. '

^/p"rovinc\ai ^^- ^^^ Department of Health, subject to the approval of
Board of the Lieutenant-Governor in Council, mav make regulations:

Health. ' "

(a) prescribing the sanitary precautions to be used by
barbers ;

{b) prescribing the method of sterilizing or cleaning of
any articles kept or used in a barber shop or in the
occupation of a barber;

(c) prescribing the conditions in which barbers shall keep
their persons and clothing whilst engaged in their
occupation ;

{d) regulating or prohibiting the treatment by barbers of
dead bodies or of persons who are suffering from any
communicable disease;

(g) "prescribing the penalties incurred for violation of the
regulations of the Department of Health, and for the
suspension or cancellation of the license of any barber
found guilty of such violation.

16. — (1) The regulations under this section shall be
enforced by the local board of health and medical officer of
health for every municipality.

(2) A copy of such regulations shall be delivered or trans-
mitted by the Department of Health to every licensed barber,
and a copy of such regulations shall be displayed in a
prominent place in the shop in which the business of a barber
is carried on.

proiiibited. 17. — (1) No person shall carry on the occupation of a
barber who has any form of tuberculosis, or venereal disease,
or any contagious or infectious disease, and no license or
renewal thereof shall be granted to any such person.

144

(2) Every person who knowingly contravenes the provisions
of subsection 1 shall incur a penalty not exceeding $50.

to' enter 18. Any member of the Board or any inspector of any local

premises. board of health on presentation of written authority may enter
any barber shop, and make such inspection as may be neces-
sary to determine whether the provisions of this Act are being
complied with.

Penalty for \Q ^ny persou who interferes with or obstructs a member

interfering. r , t-. i . rr • • . ■ r i

oi the Board, or other omcer or mspector m the exercise oi the
powers conferred on him by this Act shall be guilty of an
offence and shall incur a penalty not exceeding $200.

Suspension 20. The Minister may suspend or revoke a license issued

or revocation ^u* a 4^

of license. Under this Act.

Exceptions 21. Nothing in this Act shall apply to ladies' hairdressing
establishments and beauty parlours.

Date of 22. This Act shall come into force on the day upon which

conunence- . . . t-i

ment. it recei\es the R()\-al Assent.

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No. 145

2xn Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Agricultural Representatives Act.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 145 1931

BILL

An Act to amend The Agricultural Representatives

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. j^^y j^g ^j^g^j ^g jY,^ ^ vricuJhiral Representatives
Act, 1931.

f^Vi^B^l' ^- Section 4 of The Agricultural Representatives Act is
repealed. repealed and the following substituted therefor:

*^r°nt*^ 4. — (1) The county council shall in each year on or before

a date to be fixed by the Minister of Agriculture
pay into a bank to the credit of the agricultural
representative in charge of each office in the county
the sum of $500 for the purpose of assisting in
carrying on the work of the agricultural repre-
sentative, and such sum shall be paid out from
time to time by the agricultural representative with
the approval of the Minister of Agriculture or of
the officer designated as provided in section 3.

statement. ^^^ ^^ annual Statement of the disposition of the sum

so set apart together with a statement of the work
carried on by each agricultural representative in
the county during the preceding year shall be
furnished to the county council.

ment"oTAct. ^* '^^^^ ^^^ shAX come into force on the day upon which
it receives the Royal Assent.

145

Explanatory Notk

Under the present law where there is more than one agricultural
representative appointed in each county or union of counties only one of
them is entitled to have deposited to his credit the said sum of $500.
In some places two or more counties are grouped together for agricultural
purposes in which there are established one or more agricultural offices
in charge of a chief agricultural representative having one or more assist-
ants. By the proposed amendment each chief representative will have
$500 deposited to his credit to be used in the furtherance of agricultural
de\elopment.

145

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No. 145

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Agricultural Representatives Act.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 145

1931

BILL

An Act to amend The Agricultural Representatives

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 Agricultural Representatives
Act, 1931.

Rev. Stat,
c. 73, 6. 4,
repealed.

2. Section 4 of The Agricultural Representatives Act is
repealed and the following substituted therefor:

County
grants.

Annual
statement.

(2)

(1) The county council shall in each year on or before
a date to be fixed by the Minister of Agriculture
pay into a bank to the credit of the agricultural
representative in charge of each office in the county
the sum of $500 for the purpose of assisting in
carrying on the work of the agricultural repre-
sentative, and such sum shall be paid out from
time to time by the agricultural representative with
the approval of the Minister of Agriculture or of
the officer designated as provided in section 3.

An annual statement of the disposition of the sum
so set apart together with a statement of the work
carried on by each agricultural representative in
the county during the preceding year shall be
furnished to the county council.

ment'^oTi^ct ^' ^^^^ '^^^ ^^^'' conie into force on the day upon which
it receives the Royal Assent.

145

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No. 146

2Nn Session, 18th Lkgislaturi:, Oxtario
21 George V, 1931

BILL

An Act to amend The Agricultural Associations Act.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 146

1931

BILL

An Act to amend The Agricultural Associations Act.

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

Short title.

1. This Act mav be cited as The Agricultural Associations
Act, 1931.

c^Vo ^*^2' ^- Section 2 of The Agricultural A ssociations Act is amended

amended. by Striking out the words "Ontario Seed Growers' Association"

in the twenty-second line and inserting in lieu thereof the

words "Ontario Field Crop and Seed Growers' Association."

Rev. Stat,
c. 70, s. 17,
amended.

Grants
from

municipal
councils.

3. Section 17 of 77?^ Agricultural Associations Act is
amended by adding thereto the following subsection :

(2)

Commence-
ment of Act.

The municipal council of any city, town, village,
county or township in Ontario may grant or loan
money or grant land in aid of any agricultural
association formed within the limits of the muni-
cipality, or partly within the limits of such muni-
cipality and partly within the limits of other muni-
cipalities, or wholly within the limits of an adjoining
municipality, when such association has made
returns to the Minister as required by this Act,
provided always that the total amount or value of
the money or land heretofore or hereafter granted or
loaned by any municipality to an agricultural
association under this section shall not exceed
$5,000 in the case of a city, $2,000 in the case of a
town and $1,000 in the case of a village.

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

146

Explanatory Notes
Section 2. Change in name of association.

Section 3. At the present time the municipal council has power to
make grants to agricultural societies but not to agricultural associations.
The proposed amendment gives power to make grants to associations also.

146

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No. 146

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Agricultural Associations Act.

Mr, Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 146

1931

BILL

An Act to amend The Agricultural Associations Act.

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

Short title.

1. This Act may be cited as The Agricultural Associations
Act, 1931.

Rev. Stat,
o. 70, s. 2,
amended.

2. Section 2 of The Agricultural Associations Act is amended
by striking out the words "Ontario Seed Growers' Association"
in the twenty-second line and inserting in lieu thereof the
words "Ontario Field Crop and Seed Growers' Association."

c^^TO.^s.^iV, 3. Section 17 of The .Agricultural Associations Act is
amended. amended by adding thereto the following subsection:

Grants
from

municipal
councils.

Commence-
ment of Act.

(2) The municipal council of any city, town, village,
county or township in Ontario may grant or loan
money or grant land in aid of any agricultural
association formed within the limits of the muni-
cipality, or partly within the limits of such muni-
cipality and partly within the limits of other muni-
cipalities, or wholly within the limits of an adjoining
municipality, when such association has made
returns to the Minister as required by this Act,
provided always that the total amount or value of
the money or land heretofore or hereafter granted or
loaned by any municipality to an agricultural
association under this section shall not exceed
$5,000 in the case of a city, $2,000 in the case of a
town and $1,000 in the case of a village.

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

146

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No. 147

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Landlord and Tenant Act.

JVlR. AL\RTIN (Hamilton)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 147

1931

BILL

An Act to amend The Landlord and Tenant 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 Landlord and Tenant
Act, 1931.

2. The Landlord and Tenant Act is amended by adding

Rev. Stat.

amended. thereto the following section:

Rent to
cease when
premises
destroyed
or rendered
useless.

15a. Except as otherwise provided in any lease or other
instrument in writing signed by the tenant, where
the premises leased are destroyed or rendered
uninhabitable or useless by fire, explosion or other
accident, the lease shall thereupon cease and
determine and the landlord shall have no claim
for rent accrued or accruing due beyond the date
upon which such accident took place, and the rent
shall be apportionable to that date.

ment"oTAl;t. 3. This Act shall come into force on the day upon which
it receives the Royal Assent.

147

Explanatory Note

Judgment recently delivered by one of the county judges was to the
effect that where premises were destroyed by fire after the date upon
which the rent was payable the landlord could claim not only rent for
the month in which the accident occurred but a further month's rent in
lieu of notice. The amendment is intended to make the rent stop when
when the accident occurs and to make it apportionable to that date.

147

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No. 148

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Companies Act.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 148

1931

BILL

An Act to amend The Companies 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 Companies Act, 1931.

c^^2i8^*s*'2 ^' Subsection 1 of section 2 of The Companies Act is
subs j amended by striking out the word "five" in the second line

amended. . . .. ^ . ^ , , .^ , ,,

and msertmg m lieu thereoi the word three.

Rev. Stat.,
c. 218, s. 5,
repealed.

3. Section 5 of The Companies Act as amended by section 2
of The Companies Act, 1930, is repealed and the following
substituted therefor :

Issue of
shares
"Without
nominal or
par value.

5. — (1) The letters patent or any supplementary letters
patent of any company may provide for the issue
of any or all of the shares of the capital stock of
such company without any nominal or par value.

Equality
of no par
value shares.

(2) Each share of the capital stock without nominal
or par value shall be equal to every other such
share of the capital stock subject to the preferences,
restrictions or other conditions attached to any
class of shares.

Particulars

certificate.

(3) Every certificate of shares without nominal or par
value shall have plainly written or printed upon its
face the number of such shares which it represents
and the number of such shares which the company
is authorized to issue, and no such certificate shall
express any nominal or par value of such shares.

Price to be
fixed by-
directors.

(4) In the absence of other provisions in that behalf
in the letters patent, supplementary letters patent
or by-laws of the company, the issue and allotment
of shares without nominal or par value authorized
by this section may be made from time to time for

148

Explanatory Notes

Section 2. Heretofore the minimum number of petitioners was five
and the minimum number of shareholders five. The minimum is now cut
down to three in each case. This is in accordance with the modern law
elsewhere.

Section 3. This section changes the law regarding shares of no par
value and makes The Companies Act more modern. These subsections
have been used in other places and are considered the most suitable
regarding shares of this type.

148

Holder not
liable to
creditors,
etc.

Minimum
capital.

heretofore

issued.

such consideration as may be fixed by the board of
directors of the company; and in fixing the amount
of such consideration, except in respect of shares
without nominal or par value having a preference
as to principal, the board may provide that a part
thereof may be set aside as a distributable surplus.

(5) Any and all shares issued as permitted by this
section shall be deemed fully paid and non-assessable
on receipt by the company of the consideration for
the issue and allotment thereof, and the holder of
such shares shall not be liable to the company or
to its creditors in respect thereof.

(6) The amount of capital with which the company
shall carry on business shall be not less than the
aggregate amount of the par value of outstanding
fully paid par value shares, if any, or of any less
amount paid up on par value shares, together
with the amount of the consideration received
upon the issue and allotment of the shares without
nominal or par value from time to time outstanding
exclusive of such part of such consideration as may
be set aside as distributable surplus in accordance
with the provisions of subsection 4 hereof.

(7) Nothing in subsection 6 contained shall be deemed
to affect the capital of companies incorporated
under the provisions of Part I of this Act in respect
of shares without nominal or par value issued
before the coming into force of subsection 6 where
the letters patent of such companies with supple-
mentary letters patent, if any, granted to such
companies before or after the coming into force of
subsection 6 provide that the capital shall be at
least equal to the sum of the aggregate par value of
all issued shares having par value plus a sum in
dollars in respect to every issued share without par
value, plus such amounts as from time to time by
by-law of the company may be transferred thereto.

(8) In the case of any shares without nominal or par
value which were issued before the date of the
coming into force of this Act, or of any such shares
which may be issued thereafter without there
having been made, on or before the issue and allot-
ment thereof in accordance with the provisions of
this Act, a declaration that any specified proportion
of the consideration to be received therefor shall be
capital, the directors may at any time pass a by-law
for either or both of the following purposes, namely:

148

(a) declaring that a specified portion of the con-
sideration received for any such shares, whether
issued before or after the coming into effect of this
Act, shall be capital; or (b) approving the con-
sideration received for and confirming the issue
of any such shares which were issued for a con-
sideration not fixed in accordance with the pro-
visions of this Act, and upon such by-law being
sanctioned by at least two-thirds of the votes cast
at a special general meeting of the shareholders of
the company duly called for considering the same
the Provincial Secretary, upon being satisfied of
the expediency and bona fide character thereof,
may grant supplementary letters patent confirming
the said by-law.

Rev Stat 4. Subsection 1 of section 16 of The Companies Act is

C. 218, s. 16, ^

subs. 1, amended by adding thereto the following clause:

amended. ^ o o

ing or sub- (j) Consolidating or subdividing any shares, either with

share's"^ or without par value.

Rev Stat 5 — (J) fhc clausc lettered e in subsection 1 of section 23

c.218,s. 2.S, ^'

•subs. 1, ci. f , of The Companies Act is amended by striking out the words

amended. ,i , . . ^,,, , , r

subject to section 96 at the commencement thereof.
Acquiring (2) The clausc lettered m in subsection 1 of the said section

s 119. res in,

other 23 as amended by section 4 of The Companies Act, 1930, is

companies. - , , , 1 1 i- r 1 1 li 1 m • 1

Rev. Stat., further amended by addmg after the word thereof in the

c 218 s 23 . .

subs. 1'. ci. ,«; second line the words "as an entirety or substantially as an
^J^^^^^^- entirety."

Disposing of -'

property.

Rev. Stat.,. (3) Subsection 1 of section 23 of The Companies Act is

c 218 s 23 r .

subs. i. ' further amended by adding thereto the following clauses:

amended.

pr°o^ure*° (^) ^° procure the company to be registered and recog-

ami^repre°-'^ nized in any foreign country or province of the

sentation. Dominion of Canada, and to designate persons

therein according to the laws of such foreign country
or province of the Dominion of Canada to represent
the company and to accept service for and on
behalf of the company of any process or suit;

Payment of (5) to issue and allot fully paid shares of the capital

personal stock of the Company in payment or part payment

property by r t 1 *. u J

allotment of oi any real or personal property purchased or

^ ^'^^^' otherwise acquired by the company;

^s^J^^t."t'on (/) to distribute among the shareholders of the company

shareholders. in kind, specie or otherwise as may be resolved, by

way of dividend, bonus or in any other manner

148

Section 4. There has been some doubt in the past regarding the power
of the Minister to issue Supplementary Letters Patent consolidating or
subdividing any shares either with or without par value. The Minister
has been doing this, but this section removes any doubt as to his power
in doing so.

Section 5. — (1) This subsection does away with the old law which
stated that a company could not purchase shares in other companies unless
authorized so to do by a by-law confirmed by the shareholders. This law
is antiquated, and has been repealed in most places. The repeal of this
will allow for directors to arrange for the purchase of shares in other
companies, and will do away with the necessity of going to the shareholders.

(2) As the law now stands a company may not sell any portion whatever
of its undertaking without the consent of the shareholders. The amend-
ment will permit a company to sell portions of its undertaking without
such consent, provided the portion sold is not an entirety or substantially
an entirety of the company's business.

(3) The following clauses, (r), (s), (t) and (u), are simply adding
powers to the ancillary powers contained in section 23. These powers, in
the past, have had to be asked for by petitioners and have been granted
always on request. By their insertion in section 23 it follows that all
companies, in future, would have these powers as soon as incorporated
without specially asking for them.

148

deemed advisable, any property or assets of the
company or any proceeds of the sale or disposal of
any property of the company and in particular any
shares, bonds, debentures, debenture stock or
other securities of or in any other company belonging
to the company, or of which it may have power
to dispose; provided, however, that no such distri-
bution shall effect a reduction of the capital of the
company, except made in accordance with the
provisions of The Companies Act;

costs^and ^^ (^) to pay out of its funds all costs and expenses of or

expenses. incidental to the incorporation and organization of

the company.

^^218^*8.^31, ^- — (1) Subsection 1 of section 31 of The Companies Act
amended *^ amended by striking out the word "five" in the third line
and inserting in lieu thereof the word "three."

c^^2i8,^s!^3i, (2) Subsection 3 of section 31 of The Companies Act is
amended amended by striking out the word "five" in the third line
and inserting in lieu thereof the word "three."

0^^218^*8.* 40, 7. Subsection 1 of section 40 of The Companies Act is
amended by striking out the words "this Act" in the third
line and inserting in lieu thereof the words ''The Companies
Information Act.''

c. 2iV, s.'eia, 8. — (1) Subsection 2 of section 64a of The Companies Act
c^ 32^'s. 7), as enacted by section 7 of The Companies Act, 1928, is further
amended. amended by striking out the word "shall" in the twelfth line
and inserting in lieu thereof the word "may."

cYis^^s^oia, (2) The said section 64a is further amended by adding
c^ 3^2^'s. 7), thereto the following subsections:

amended.

Notice of (3) Where at a meeting called as hereinbefore provided

coniproiTiis©

or arrange- dissentient votcs are cast by shareholders of one

there are or more classes affected, and where, notwithstanding

votes!*'^'^* such dissentient votes, the compromise or arrange-

ment is agreed to by the holders of three-fourths of
each class represented, it shall be necessary that
the company notify each shareholder in such manner
as may be prescribed by the said judge of the time
and place when application will be made to the
judge for the sanction of the compromise or arrange-
ment.

subs. 1,
amended.

meaning of.

'Arrange-

J^ent'"— - ^^ (4) Xhe expression "arrangement" in the preceding

subsections shall be construed as extending to
a reorganization of the share capital of the company

148

Section 6. This follows the amendment contained in section 2.

Section 7. This is put in to remedy a mistake in the Act, as The
Companies Act does not require annual statements, but they are required
under The Companies Informatioti Act.

Section 8. — (1) The substitution of the word "may" for "shall" will
mean that the Provincial Secretary need not issue Supplementary Letters
Patent unless he thinks fit.

(2) This amendment will take care of a compromise or arrangement
where there are dissentient votes. The meaning of the word ' 'arrangement"
is defined.

148

by the consolidation of shares of different classes or
by the division of shares into shares of different
classes or by both of these methods.

9. Subsection 2 of section 75 of The Companies Act is

Rev. Stat.,

c. 218, s. 75, ,^

subs. 2, amended by striking out the words "subject to the by-laws

at the commencement thereof.

amended.

Rev. Stat.,
c. 218, s. 82
subss. .3, 4,
(1928, c. 32,
s. 9; 1930,
o. 37, s. 9)
repealed.

Copy of
by-law
creating
redeemable
or conver-
tible shares
to be filed.

10. Subsections 3 and 4 of section 82 of The Companies
Act are repealed and the following substituted therefor:

(3) The next preceding subsection shall not apply to
any by-law which creates or attempts to create
redeemable or convertible preference shares, but a
copy of such by-law certified under the seal of the
company must be filed forthwith in the office of
the Provincial Secretary.

0^^218^*8*89 ^^- Section 89 of The Companies Act is amended by
amended. adding thereto the following subsection:

Director
not to be
a bankrupt.

(4) No person who is an undisscharged bankrupt shall
hold office as a director and where any director
becomes a bankrupt he shall thereupon cease to
be a director.

Rev Stat ^2. Subsection 2 of section 95 of The -Companies Act is

0. 218, S. 95, _ ...

subs. 2, amended by adding after the word "company" in the ninth

line the words "or any of its shareholders or creditors."

^^218^*8* 96 ^*^- Section 96 of The Companies Act is repealed.

repealed.

c^Yis^*'^*" •'-'^- -^^^ Companies Act is amended by adding thereto the
amended. following section :

Purchase of
shares for
benefit of
employees.

1526. — (1) A company may provide in accordance with
any scheme for the time being in force money for the
purchase by trustees of fully paid shares in the
company to be held by or for the benefit of employees
of the company, including any director holding a
salaried employment or office in the company;

Loans to
employees to
purchase
shares.

(2) A company may make loans to persons bona fide
in the employment of the company with a view to
enabling those persons to purchase fully paid shares
in the company to be held by themselves by way of
beneficial ownership.

Commence-
ment of Act.

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

148

Section 9. The deletion of the words "Subject to the by-laws" will
prevent the company from making any attempt by by-law to alter the
rights of joint holders of stock.

Section 10. This simply clarifies the law regarding the filing of a
by-law creating redeemable or convertible preference shares, and it states
that such a by-law only must be filed in the office of the Provincial Secretary.

Section 11. This provides that, in future, no person who is an undis-
charged bankrupt may be a director, and is new.

Section 12. This amendment deals with the question of directors voting
on contracts, and clarifies the law regarding this matter.

Section 13. See section 5.

Section 14. This section gives power to a company to arrange for the
purchase of shares for the benefit of employees and also gives power to
make loans to employees to purchase shares. There is no power at present
in The Ontario Companies Act but elsewhere similar legislation has been
adopted.

148

3
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o
3

No. 148

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Companies Act.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 148

1931

BILL

An Act to amend The Companies 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 Companies Act, 1931.

Rev Stat 2. Subsection 1 of section 2 of The Companies Act is

subs, i, ' amended by striking out the word "five" in the second line

amended. ,. ..... -, idi m

and msertmg m lieu thereoi the word three.

Rev. Stat..
c. 218, 8. 5.
repealed.

3. Section 5 of The Companies Act as amended by section 2
of The Companies Act, 1930, is repealed and the following
substituted therefor:

Issue of
shares
without
nominal or
par value.

Equality
of no par
value shares.

Particulars
on

certificate.

Price to be
fixed by-
directors.

148

(5) Any and all shares issued as permitted by this ""^f/t J"^*
section shall be deemed fully paid and non-assessable g[g^'*'^''"'
on receipt by the company of the consideration for

the issue and allotment thereof, and the holder of
such shares shall not be liable to the company or
to its creditors in respect thereof.

(6) The amount of capital with which the company ^i^^l^"™
shall carry on business shall be not less than the
aggregate amount of the par value of outstanding

fully paid par value shares, if any, or of any less
amount paid up on par value shares, together
with the amount of the consideration received
upon the issue and allotment of the shares without
nominal or par value from time to time outstanding
exclusive of such part of such consideration as may
be set aside as distributable surplus in accordance
with the provisions of subsections 4 and 8 hereof.

(7) Nothing in subsection 6 contained shall be deemed
to aflfect the capital of companies incorporated
under the provisions of Part I of this Act in respect
of shares without nominal or par value issued
before the coming into force of subsection 6 where
the letters patent of such companies with supple-
mentary letters patent, if any, granted to such
companies before or after the coming into force of
subsection 6 provide that the capital shall be at
least equal to the sum of the aggregate par value of
all issued shares having par value plus a sum in
dollars in respect to every issued share without par
value, plus such amounts as from time to time by
by-law of the company may be transferred thereto.

(8) In the case of any shares without nominal or par heret^ofore
value which were issued before the date of the'^^"^**-
coming into force of this Act, or of any such shares

which may be issued thereafter without there
having been made, on or before the issue and allot-
ment thereof in accordance with the provisions of
this Act, a declaration that any specified proportion
of the consideration to be received therefor shall be
capital, the directors may at any time pass a by-law
for either or both of the following purposes, namely:

148

(a) declaring that a specified portion of the con-
sideration received for any such shares, whether
issued before or after the coming into effect of this
Act, shall be capital ; or (b) approving the con-
sideration received for and confirming the issue
of any such shares which were issued for a con-
sideration not fixed in accordance with the pro-
visions of this Act, and upon such by-law being
sanctioned by at least two-thirds of the votes cast
at a special general meeting of the shareholders of
the company duly called for considering the same
the Provincial Secretary, upon being satisfied of
the expediency and bona fide character thereof,
may grant supplementary letters patent confirming
the said by-law.

Rev Stat 4. Subsection 1 of section 16 of The Companies Act is

C. 218, s. 16, . . ^

subs. 1, amended by adding thereto the following clause:

amended. jo o

ing or sub- (j) consolidating or subdividing any shares, either with

dividing -.i ^ i

shares. oi" Without par value.

Rev Stat 5_ — (1) Xhe clause lettered e in subsection 1 of section 23

subs. 1, ci. e, of The Companies Act is amended by striking out the words

amended. . , j tr>

"subject to section Q6" at the commencement thereof.

sh^ares ii'^' (2) The clausc lettered m in subsection 1 of the said section

other 23 as amended by section 4 of The Companies Act, 1930, is

Rev. Stat.; further amended by adding after the word "thereof" in the
subs. 1, ci. m! second line the words "as an entiretv or substantially as an
amended. entirety."

Disposing of ■'

property.

Rev. Stat., (3) Subsection 1 of section 23 of The Companies Act is

c218s''3r

subs, i, ■ "" ' further amended by adding thereto the following clauses:

amended.

procure*^ (^) to procure the company to be registered and recog-

ami^repre°-" nized in any foreign country or province of the

sentation. Dominion of Canada, and to designate persons

therein according to the laws of such foreign country
or province of the Dominion of Canada to represent
the company and to accept service for and on
behalf of the company of any process or suit;

rea.T'Jr "* of (s) to issue and allot fully paid shares of the capital

personal stock of the Company in payment or part payment

property rjy r , i j i i

allotment of oi any real or personal property purchased or

otherwise acquired by the company;

arnong "*'°'^ (0 to distribute among the shareholders of the company

shareholders. in kind, Specie or otherwise as may be resolved, by

way of dividend, bonus or in any other manner

148

(u) to pay out of its funds all costs and expenses of or Pi^yment of
incidental to the incorporation and organization of expenses.
the company.

6. — (1) Subsection 1 of section 31 of The Companies ^c/Rev stat.,
is amended by striking out the word "five" in the third line subs, i,
and inserting in lieu thereof the word "three."

(2) Subsection 3 of section 31 of l^he Companies Act is Rej . stat
amended by striking out the word "five" in the third line subs, .s,
and inserting in lieu thereof the word "three."

7. Subsection 1 of section 40 of The Companies Act isRev stat.

c218s40

amended by striking out the words "this Act" in the third subs, i,
line and inserting in lieu thereof the words "The Companies
Information Act."

8. — (1) Subsection 2 of section 64a of The Companies Actf^^^^^^l^^^^^
as enacted by section 7 of The Companies Act, 1928, is^i9|8,^ ^
amended by striking out the word "shall" in the twelfth line amended,
and inserting in lieu thereof the word "may," so that the
subsection will now read as follows:

(2) If the shareholders or class of shareholders, as theJ"dge may

^ ' . sanction

case may be, present m person or by proxy at the compromise

1 1 r iri I ri i ^f approved

meetmg, by three-iourths or the shares ot each class by three-

, , ^, ■ . fourths of

represented agree to the compromise or arrangement shareholders,
either as proposed or as altered or modified at such
meeting, called for the purpose, such compromise or
arrangement may be sanctioned by a judge as
aforesaid, and if so sanctioned such compromise or
arrangement and any reduction or increase of share
capital and any provision for the allotment or
disposition thereof by sale or otherwise as therein
set forth, may be confirmed by supplementary confirma-
letters patent, which shall be binding on the com- slfp'^pl^men-
pany, and the shareholders or class of shareholders, patent"^"^
as the case may be.

(2) The said section 64a is further amended by adding Rev. stat..
thereto the following subsections: (i928'

C. 32. 8. 7).
■\ 4o amended.

Notice of
compromise
or arrange-
ment when
there are
dissentient
votes.

(3) Where at a meeting called as hereinbefore provided
dissentient votes are cast by shareholders of one
or more classes affected, and where, notwithstanding
such dissentient votes, the compromise or arrange-
ment is agreed to by the holders of three-fourths of
each class represented, it shall be necessary that
the company notify each shareholder in such manner
as may be prescribed by the said judge of the time
and place when application will be made to the
judge for the sanction of the compromise or arrange-
ment.

"Arrange-
ment"—
meaning of.

(4) The expression "arrangement" in the preceding
subsections shall be construed as extending to
a reorganization of the share capital of the company
by the consolidation of shares of different classes or
by the division of shares into shares of different
classes or by both of these methods.

Rev. Stat., 9. Subsection 2 of section 75 of The Companies Act is

c. 218 s 75

siibs. 2, ' 'amended by striking out the words "subject to the by-laws"
at the commencement thereof.

Rev. Stat.,
c. 218, s. 82
subss. 3, 4,
(1928, 0. 32,
s. 9; 1930,
c. 37, s. 9)
repealed.

Copy of
by-law
creating
redeemable
or conver-
tible shares
to be filed.

10. Subsection 3 as enacted by section 9 of The Companies
Act, 1928, and subsection 4 as enacted by section 9 of The
Companies Act, 1930, of section 82 of The Companies Act are
repealed and the following substituted therefor:

(3) The next preceding subsection shall not apply to
any by-law which creates or attempts to create
redeemable or convdcrtible preference shares, but a
copy of such by-law certified under the seal of the
company must be filed forthwith in the oflEice of
the Provincial Secretary.

11. Section 89 of The Companies Act is amended by

Rev. Stat.,

c. 218, s. 89, ... , 1 r 11 • 1

amended. adding thereto the loUowing subsection

Director
not to be
a bankrupt.

(4) No person who is an undischarged bankrupt shall
hold office as a director and where any director
becomes a bankrupt he shall thereupon cease to
be a director.

Rev. Stat., 12. Subsection 2 of section 95 of The Companies Act is
subs^.^2,^' ^^' amended by adding after the word "company" in the ninth
amended. jjj^g |-}^g words "or any of its shareholders or creditors."

Rev. Stat.,
c. 218, s. 96.
repealed.

Rev. Stat.,
c. 218,
amended.

13. Section 96 of The Companies Act is repealed.

14. The Companies Act is amended by adding thereto the
following sectio n :

148

1526. — (1) A company may provide in accordance with P^^^'jpg^^^^j.of
any sclieme for the time being in force money for the beneflt of

1 1 f r 11 • 1 1 • 1 employeea.

purchase by trustees oi luUy paid shares m the
company to be held by or for the benefit of employees
of the company, including any director holding a
salaried employment or office in the company ;

(2) A company may make loans to persons bona fide ^mp?oyees to
in the employment of the company with a view to purchase
enabling those persons to purchase fully paid shares
in the company to be held by themselves by way of
beneficial ownership.

15. Clause d of section 318a as enacted by section 11 of
The Companies Act, 1930, is repealed and the following
substituted therefor:

(d) That the balance sheet does not show as assets ^^J^g^*^*-
unpaid balances owing by agents or other insurers s. 3 isa, ci. d
whose accounts have not been verified within the o. 37.8. ii),

J. • , J repealed.

next precedmg nmety days.

16. This Act shall come into force on the day upon which ment"oTA%.
it receives the Royal Assent.

148

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Nu. 149

2ni) Si^ssioN, 18x11 Legislatuki':. Oxtario
21 George V, 1931

BILL

An Act to amend The Companies Information Act.

Mr. Macaulay

TORONTO

Printed by Herbkrt H. Ball

Printer to the King's Most Excellent Majesty

No. 149

1931

BILL

All Act to amend The Companies Information 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 Companies Information
Act, 1931.

1928, c. 33,
s. 5,
amended.

Appoint-
ment of
Accountant
.on
application.

Expenses,
who shall
bear.

Commence-
ment of Act.

2. Section 5 of The Companies Information Act, 1928, is
amended by adding thereto the following subsection :

(2) (a) The Provincial Secretary may upon the application
of any ten shareholders each of whom has been a
shareholder for not less than six months immediately
preceding the date of the application or upon the
application of more than one-third of the total
number of shareholders appoint an accountant to
audit the books of the company and to report thereon ;

(6) The expenses incidental to such audit shall be
defrayed by the shareholders applying for the same
or the officers of the company or the company itself,
as the Provincial Secretary shall direct.

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

149

Explanatory Notes

Clause (a) of the proposed subsection gives the Provincial Secretary
power to appoint an accountant to audit the books of a company on the
appHcation of ten shareholders who have been shareholders for not less
than six months immediately preceding the date of the application or
upon the application of more than one-third of the total number of share-
holders.

Clause (b) gives the Provincial Secretary power to direct as to whether
the expenses are to be borne by the shareholders applying for the audit
or the officers of the company or the company itself.

149

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No. 149

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Companies Information Act.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 149

1931

BILL

An Act to amend The Companies Information Act.

Short title.

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 Companies Information
Act, 1931.

1928, c. 33,
s. 5,
amended.

Appoint-
ment of
Accountant
on
application.

Expenses,
who shall
bear.

Commence-
ment of Act.

2. Section 5 of The Companies Information Act, 1928, is
amended by adding thereto the following subsection :

(&) The expenses incidental to such audit shall be
defrayed by the shareholders applying for the same
or the officers of the company or the company itself,
as the Provincial Secretary shall direct.

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

149

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No. 150

2nd Session, 18tii Legislature, Ontario
21 George V, 1931

BILL

An Act for the Better Protection of Owners and Operators
of Storage Battery Service Stations.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 150

BILL

1931

An Act for the Better Protection of Owners and
Operators of Storage Battery Service Stations.

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 Battery Service Stations
Protection Act, 1931.

IMtei-jiret,
lion.

"Battery

service

station."

Ijrietor

2. In this Act, —

(a) "Battery service station" shall mean any building or
part of a building within or in connection with which
any service is rendered in the ordinary course of
business upon a storage battery by recharging,
repairing or supplying parts therefor;

{b) "Proprietor" shall mean any proprietor or owner of a
battery service station ;

Rental
storage
battery to
be marlvetl .

Identiflca-
tiou not
to be
removed.

(r) "Storage battery" shall include any electrical storage
battery, generator, electrical motor distributor and
the necessary wires, wiring or parts thereof.

3. Every proprietor who supplies a storage battery to any
person under an agreement for hire thereof shall print, paint,
stamp or emboss thereon the word "rental" or securely
attach thereto a tag or disk with the word "rental" printed,
painted, stamped or embossed thereon, together with such
other name or mark sufficient to identify such storage battery
as being the property of such proprietor.

4. No person shall remove, deface, alter or destroy, or
cause to be removed, defaced, altered or destroyed the word
"rental" or any such tag or disk or any identification name or
mark printed, painted, stamped, embossed on or attached to
any storage battery except a storage battery of which he is
the owner.

150

Explanatory Notes.

This Act is for the protection of garage owners who are engaged in
the business of renting storage batteries.

The return of their property cannot be enforced under the present
laws of the Province of Ontario. They cannot remove their own property
from an automobile without the consent of the owner without becoming
liable to certain penalties and as a result large sums of money are lost
by the garage owners annually through the illegal retention of their
property by certain automobile owners. Additional sums of money are
lost annually through the non-payment of rental charges. As the result
of these conditions the operating charges of these stations are tremendously
increased.

Under the present law a magistrate cannot issue a summons or a
warrant and the only remedy is to sue in the division court. This is
costly and the delay so great that the expense is seldom worth while.
In other words, under the present law, automobile owners may deliberately
keep a battery which they have rented.

By the proposed amendment the owners of automobile service stations
shall have a quick, convenient and inexpensive method of regaining their
rightful property.

150

to^have*^hL ^- Exccpt as herein provided no proprietor shall receive or
own storage retain in his possession any rental storage battery of which
only. he is not the owner; provided that in cases of" emergency he

may receive and retain a rental storage battery if within two
days from the receipt thereof he notifies the proprietor whose
name or mark is printed, painted, stamped or embossed
thereon, or on a tag or disk attached thereto, of the receipt
of such rental storage battery.

battery ^- ^o person shall retain in his possession for a longer

retafned period than fourteen days, without the written consent of the
not longer owner, any storage battery upon which the word "rental" is
fourteen printed, painted, stamped or embossed, or to which is attached

a tag or disk with the word "rental" printed, painted, stamped

or embossed thereon.

may btfhUd 7. Where any person retains in his possession for a longer
storage period than fourteen days a rental storage battery of which he

not*?eturned ^^ "°^ ^^^ owner, notice shall be sent to him by registered mail
at his last-known address to return forthwith to the owner
thereof such rental storage battery, and if within two days of
the mailing of the registered letter such storage battery has
not been returned the owner may lay an information under
oath before a police magistrate who shall thereupon issue a
summons directed to the person failing to return the storage
battery calling upon him to appear at the time and place
named in the summons to show cause why such storage
battery has not been returned.

m-d"r\etura 8. If the policc magistrate finds that the owner is entitled
batterv^o ^^ ^^^^ return of the storage battery, he shall order such return
owner and to be made and if the storage battery has been damaged or

payment of ,,,,,,, • • i

rental and cannot be returned he shall order the person retammg the

damages. , i i r i i

same to pay to the owner the value oi such storage battery or
compensate him for the damage and in addition may order
that such person shall forthwith pay to the owner whatever
rental may be owing for the use of such storage battery
together with the charges for recharging, making repairs to
or supplying parts for such storage battery, and if the person
retaining the storage battery fails to carry out the order
of the magistrate the magistrate may order him to be im-
prisoned for a period not exceeding ten days.

Penalty.

9. Any person violating any of the provisions of sections
4, 5 or 6 shall be guilty of an offence against this Act and shall
be liable upon conviction to a fine not exceeding $20 for each
such offence and in default of payment thereof shall be
imprisoned for a period not exceeding ten days.

150

of^Rev^stat. 1^- ^^^ Summary Convictions Act shall apply to the
c. 121. laying of informations and the enforcement of orders made

under sections 7, 8 and 9,

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

150

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No. 151

2nd Session, 18th Legislature, Ontario
21 George Y, 1031

BILL

An Act to amend The Municipal and School Accounts Audit Act.

Mr. Macaulay

TORONTO

PkINTKD by HivRBKRT H. BaLL

Printkr to Till-. KiNc's Most F.xri-.i.i.i.N i Mati stv

No. 151 1931

BILL

An Act to amend The Municipal and School
Accounts Audit Act.

HIS MAJEST\', 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 Municipal and School
Accounts Audit Act, 1931.

i^%v.^stat^^ 2. Section 10 of The Municipal and School Accounts Audit
amended. ' Act is amended by adding thereto the following subsection :

e^xtenVt'o ^^^^ ^^ audit of the ■ boolcs, accounts, vouchers and

ofloc'iY^ money of any municipal corporation made under

vitiiity this Act shall, if the auditor deems it desirable or

c-onimission. • i i i /- i i- r i

necessary, mclude or be conhned to an audit oi the
books, accounts, vouchers and money of any com-
mission managing a public utility work or under-
taking of a municipal corporation other than a
public utility work or undertaking for the supply of
electrical power or energy obtained directly or in-
directly from The Hydro-Electric Power Commission
of Ontario.

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

151

Explanatory Note

It is doubtful whether under the present Act the Provincial Municipal
Auditor may make or direct to be made an audit of the accounts of a local
utility commission, which it may be very desirable to have audited.
The amendment is to extend the scope of an audit under the Act to the
accounts, etc., of a commission except in the case of a local Hydro Com-
mission the accounts of which are now subjected to an independent audit
made by the Provincial Hydro Commission.

151

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No. 151

2Nn Session, 18tii Legislature, ONTARro
21 George V, 1931

BILL

An Ac;t to amend The Municipal and School Accounts Audit Act.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 151

BILL

1931

An Act to amend The Municipal and School
Accounts Audit Act.

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

enacts ns follows:

Short title.

1. Ihis Act may be cited as The Municipal and School
Accounts Audit Act, 1931.

^^2ii'^s\'o ^' ^^^'tio" ^^ *^f ^^^ Municipal and School Accounts Audit
amended. ' Act is amended by adding thereto the following subsection :

Audit to
extend to
accounts
of local
utility
commission.

(la) An audit of the books, accounts, vouchers and
money of any municipal corporation made under
this Act shall, if the auditor deems it desirable or
necessary, include or be confined to an audit of the
books, accounts, vouchers and money of any com-
mission managing a public utility work or under-
taking of a municipal corporation other than a
public utility work or undertaking for the supply of
electrical power or energy obtained directly or in-
directly from The Hydro-Electric Power Commission
of Ontario.

Commence-
ment of Act.

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

151

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No. 152

2ni) Session, 18th Legislature, OxTARro
21 George V, 1931

BILL

An Act to amend The Ditches and Watercourses Act.

Mr. Macaulay

TO RONTO
Printed by Herbert H. Ball •
Printer to the King's Most Excellent Majesty

No. 152

BILL

1931

An Act to amend The Ditches and
Watercourses 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 Ditches and Watercourses
Amendment Act, 1931.

^®7i'c^*'^*i - 2.— (1) Section 15 of The Ditches and Watercourses Act is

C. 316. S. lo, ^ '

amended. amended by adding the following subsection:

Engineer to
establish
bench marks
and refer
thereto in
his award.

(7a) The engineer in making his survey shall establish
sufficient bench marks or permanent levels by which
a ditch may be governed, and shall also in his award,
sufficiently record the descriptions, locations and
elevations of every bench mark or permanent level
by which a ditch is to be governed, and whether such
bench marks or permanent levels were established
by him or by some other engineer.

^^ne^^s^Vi (2) Subsection 8 of the said section 15 is repealed and

subs. 8. the following substituted therefor:

repealed. °

Penalty for
interference
with work or
bench marks
of engineer.

Rev. Stat.,
C. 121.

Commeiice-
ment of Act.

(8) Any person who interferes with or obstructs the
engineer or his assistants in the exercise of the
powers conferred by subsection 7 or interferes with,
removes or destroys any bench mark or permanent
level mark established under subsection (7a) shall
incur a penalty not exceeding $100 recoverable under
The Summary Convictions Act.

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

152

Explanatory Note

Difticuliy is often experienced in locating old bench marks and levels
governing ditches constructed under this Act and it is found that in many
cases none were established. It is desirable to overcome this condition
which at times leads to incurring of unnecessary delay and expense.

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No. 152

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Ditches and Watercourses Act.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 152

BILL

1931

An Act to amend The Ditches and
Watercourses 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 Ditches and Watercourses
Amendment Act, 1931.

^^^ie^s^z 2. — (1) Section 15 of The Ditches and Watercourses Act is
amended. amended by adding the following subsection:

Engineer to
establish
bench marks
and refer
thereto in
his award.

(7fl) The engineer in making his survey shall establish
sufficient bench marks or permanent levels by which
a ditch may be governed, and shall also in his award,
sufficiently record the descriptions, locations and
elevations of every bench mark or permanent level
by which a ditch is to be governed, and whether such
bench marks or permanent levels were established
by him or by some other engineer.

c^Ti6^s^*i5 (^) Subsection 8 of the said section 15 is repealed and

subs. 8 ' the following substituted therefor:
repealed. °

Penalty for
interference
with work or
bench marks
of engineer.

Rev. Stat..
c. 121.

(8) Any person who interferes with or obstructs the
engineer or his assistants in the exercise of the
powers conferred by subsection 7 or interferes with,
removes or destroys any bench mark or permanent
level mark established under subsection la shall
incur a penalty not exceeding $100 recoverable under
The Summary Convictions Act.

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

ment of Act. . . , -r^ , . j r-

it receives the Royal Assent.

152

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No. 153

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Municipal Drainage Act.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 153

1931

BILL

An Act to amend The Municipal Drainage 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 jj^jg ^^,^ j^^y j-^g ^.j^gj^ ^g Yhe Municipal Drainage
Amendment Act, 1931.

Rev. Stat.,
c. 241, s. 8,
amended.

2. Section 8 of The Municipal Drainage Act is amended by
adding thereto the following subsection:

Engineer
to report on
bench
marks.

(11a) The engineer or surveyor shall also in his report,
plans, specifications and profiles sufficiently record,
the descriptions, locations and elevations of every
bench mark or permanent level by which a drainage
work is to be governed.

Rev. Stat.,
0. 241, s. 9,
subs. 2,
repealed.

Engineer to
establish
bench
marlcs.

3.— (1) Subsection 2 of section 9 of The Municipal Drainage
Act is repealed and the following substituted therefor:

(2) The engineer or surveyor in making his survey shall
establish sufficient bench marks or permanent levels
by which a drainage work may be governed.

Rev. Stat.,
c. 241, s. 9,
amended.

(2) The said section 9 is further amended by adding thereto
the following subsection :

Penalty for
interference
with work or
bench marks
of engineer.

Rev. Stat.,
c. 121.

Rev. Stat.
c. 241,
amended.

(3) Any person who interferes with or obstructs the
engineer or his assistants in the exercise of the powers
conferred by subsection 1 or interferes with, removes
or destroys any bench mark or permanent level mark
established under subsection 2 shall incur a penalty
not exceeding $100 recoverable under The Summary
Convictions Act.

4. The Municipal Drainage Act is amended by adding
thereto the following section:

153

Explanatory Notes

Sections 2 and 3. Difficulty is often experienced in locating old bench
marks and levels governing drainage works constructed under this Act
and it is found in many cases that none were established. It is desirable
to overcome this condition which at times leads to incurring of unnecessary
delay and expense.

Section 4. To simplify and reduce the expense of issue of debentures
where several drainage works have been constructed at about the s<\me
time, it will be of advantage to consolidate all the debentures in one issue.

153

^r separate ^^^- — (^) Where two or more works have been under-

drainage taken and the by-laws provided for by section 21 or

works may . ^ ^ , r ,

be con- section 87 have been passed, instead oi borrowing

the separate sums thereby authorized to be borrowed
and issuing debentures therefor, the council by a
consoHdating by-law, may provide for borrowing the
aggregate of such separate sums and for issuing one
series of debentures therefor.

(2) A consolidating by-law shall show by recitals or

otherwise in respect to which separate by-laws it is
passed.

(3) It shall not be necessary that a conolidating by-law
shall impose any rate to provide for the payment of
the debentures issued under it or the interest thereon,
but the rates imposed by the separate by-laws shall
be levied, collected and applied for that purpose.

(4) The provisions of sections 22 to 25 shall not apply to

a consolidating by-law passed under this section.

ment"oTA^ct. 5- This Act shall come into force on the day upon which
it receives the Royal Assent.

153

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No. 153

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Municipal Drainage Act.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 153

1931

BILL

An Act to amend The Municipal Drainage 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 xhis Act may be
Amendment Act, 1931.

cited as The Municipal Drainage

Rev. Stat.,
c. 241, s, 8,
amended.

2. Section 8 of The Municipal Drainage Act is amended by
adding thereto the following subsection:

Engineer
to report on
bench
marks.

(11a) The engineer or surveyor shall also in his report,
plans, specifications and profiles sufficiently record
the descriptions, locations and elevations of every
bench mark or permanent level by which a drainage
work is to be governed.

Rev. Stat., 3, — (1) Subsection 2 of section 9 of The Municipal Drainage
siibs. 2, ' Act is repealed and the following substitiited therefor:

repealed.

Engineer to
establish
bench
marks.

(2) The engineer or surveyor in making his survey shall
establish sufficient bench marks or permanent levels
by which a drainage work may be governed.

Rev. Stat.,
c. 241, s. 9,
amended.

(2) The said section 9 is further amended by adding thereto
the following subsection :

Penalty for
interference
with work or
bench marks
of engineer.

Rev. Stat.,
c. 121.

Rev. Stat.,
c. 241,
amended.

4. The Municipal Drainage Act is amended by adding
thereto the following section:

153

25a. — (1) Where two or more works have been under- P^^®'^*"'^!!

^ ^ for separate

taken and the by-laws provided for by section 21 or drainage

riTi I t- iri • works may

section o7 have been passed, instead ot borrowing be con-

the separate sums thereby authorized to be borrowed

and issuing debentures therefor, the council by a

consoHdating by-law, may provide for borrowing the

aggregate of such separate sums and for issuing one

series of debentures therefor.

(2) A consolidating by-law shall show by recitals or

otherwise in respect to which separate by-laws it is
passed.

(4) The provisions of sections 22 to 25 shall not apply to

a consolidating by-law passed under this section.

5. This Act shall come into force on the day upon which ment"oTA^ct.
it receives the Royal Assent.

153

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No. 154

2nd Shssion, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Local Improvement Act.

Mr. Macaulay

TORONTO
Printed by Herbert H. Bali-
Printer TO THE King's Most Excellent Majesty

No. 154

Rev. Stat.,
c. 2^5, s. 46,
amended.

CoiisoHdat-
iag l)y-la\v
ma.v

authorize
debentures
of different
term.s of
years.

Rev. .Stilt ,
c. 23r>, s. 50,
subs. 2,
repealed.

Assessment
of cost of
waterworks
on rateable
property
in area.

BILL

1931

Commence-
ment of Act.

An Act to amend The Local Improvement Act.

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

1. Section 46 of The Local Improvement Act is amended by
adding thereto the following subsection:

(4) In cities a consolidating by-law passed under sub-
section 1 may authorize the issue of debentures in
one series notwithstanding that some of such deben-
tures may be for different terms of years from the
other debentures to be issued thereunder, provided
the sum to be raised in each year under the consoli-
dating by-law shall equal the aggregate of the sums
which would have been raised under the separate
by-laws had no consolidating by-law been passed.

2. Subsection 2 of section 59 of The Local Improvement Act
is repealed and the following substituted therefor:

(2) When the work undertaken is the construction of
waterworks the whole cost of construction and the
annual cost of managing and maintaining the work
shall be assessed by a special rate on the whole
rateable property in the area, and with respect to
any such work it shall not be necessary to serve
notice of intention to construct the work upon
owners of the lots in the area and the provisions of
section 12 with respect to service of notice and the
provisions of sections M to 44 of this Act shall not
apply to the work.

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

154

Explanatory Notes

Section 2. The purpose of this amendment is to permit that in cities
all local improvement debenture issues may be dealt with in one by-law
notwithstanding that portions of the issues are for a different period of
years from the remaining portions thereof. Doubt exists as to the present
power to do so.

Section 3. The present provision as to assessment of cost of water-
works in a township or village area is incomplete as it fails to exclude
applications of certain sections which are inapplicable where the cost is
put on the rateable property and not assessed against the frontage. Sub-
section 2 is therefore rewritten to exclude necessity for service of notice
on the frontagers or for preparation of si>ecial assessment rolls and holding
a court of revision.

154

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No. 154

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Local Improvement Act.

Mr. Macaulay

TORONTO

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

No. 154

BILL

1931

An Act to amend The Local Improvement Act.

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

Rev. Stat,,
c. 235, s. 46.
amended.

Consolidat-
ing by^aw
may

authoris;e
debentures
of different
terms of
years.

Rev. Stat.,
c. 235, 8. 59,
subs. 2,
repealed.

Assessment
of cost of
waterworks
on rateable
property
m area.

1. Section 46 of The Local Improvement Act is amended by
adding thereto the following subsection :

(4) In cities a consolidating by-law passed under sub-
section 1 may authorize the issue of debentures in
one series notwithstanding that some of such deben-
tures may be for different terms of years from the
other debentures to be issued thereunder, provided
the sum to be raised in each year under the consoH-
dating by-law shall equal the aggregate of the sums
which would have been raised under the separate
by-laws had no consolidating by-law been passed.

2. Subsection 2 of section 59 of The Local Improvement Act
is repealed and the following substituted therefor:

ment"oTAot. ^' ^^^^ Act shall come into force on the day upon which
* it receives the Royal Assent.

154

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No. 155

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to Confirm Tax Sales and Deeds.

Mr. Macaulay

TORONTO

Printicd by Hkrbkrt H. Ball

Printer to thk King's Most Excellent Majesty

No. 155 1931

BILL

An Act to Confirm Tax Sales and Deeds.

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

Short title. I Yhh Act may i)e cited as The Tax Sales Confirmation

Art, 1931.

firmation of 2. All salcs of land situate within any municipality in
and deeds. Ontario held prior to the 31st day of December, 1928 and
purporting to have been made for arrears of taxes payable to
a municipal corporation in respect to the lands so sold are
confirmed and declared to be legal, valid and binding, and all
convevances of lands so sold, executed as required by The

Rev. Stat., A ' , A . ■ 1 -.111

c. L'.is. Assessment Act, purportmg to convey the said lands to the

purchaser thereof or his heirs, or assigns or to such municipal
corporation are also confirmed and declared to be legal, valid
and binding and shall have the effect of vesting the lands so
sold, and the same are hereby vested, in the purchaser or his
heirs, or assigns and in his heirs and assigns or in the said
municipal corporation and its successors and assigns as the
case may be in fee simple or otherwise according to the nature
of the estate or interest sold free and clear of and from all
right, title and interest whatsoever of the owners thereof at
the time of such sale, or their assigns, and of all charges and
encumbrances thereon and dower therein except taxes accruing
after those for non-payment of which the said lands were so
sold.

Htigat?on not *^- Nothing in this Act contained shall affect or prejudice

affected. the rights of any person under 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.

^o'^iinds'foi-' ■*• This Act shall not apply to lands forfeited to the Crown
feited under under The Minins. Tax Act.

Rev. Stat., ^

c. 28.

Commence- 5. This Act shall come into force on the day upon which

msnt of Act. •, ■ .in i a

it receives the Koyal Assent.
155

Explanatory Note

III 1929 by chapter 64 all municipal tax sales and tax deeds prior to
1925 were confirmed. The purpose of this Act is to extend such con-
firmation up to 31 December, 1928. Pending litigation is not affected.

155

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No. 155

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to Confirm Tax Sales and Deeds.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 155 1931

BILL

An Act to Confirm Tax Sales and Deeds.

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 Tax Sales Confirmation
Act, 1931.

firmation of 2. All sales of land situate within any municipality in
andSds. Ontario held prior to the 31st day of December, 1928 and
purporting to have been made for arrears of taxes payable to
a municipal corporation in respect to the lands so sold are
confirmed and declared to be legal, valid and binding, and all
conveyances of lands so sold, executed as required by The
o. 238. ' Assessment Act, purporting to convey the said lands to the
purchaser thereof or his heirs, or assigns or to such municipal
corporation are also confirmed and declared to be legal, valid
and binding and shall have the effect of vesting the lands so
sold, and the same are hereby vested, in the purchaser or his
heirs, or assigns and in his heirs and assigns or in the said
municipal corporation and its successors and assigns as the
case may be in fee simple or otherwise according to the nature
of the estate or interest sold free and clear of and from all
right, title and interest whatsoever of the owners thereof at
the time of such sale, or their assigns, and of all charges and
encumbrances thereon and dower therein except taxes accruing
after those for non-payment of which the said lands were so
sold.

H«gat?on not ^' Nothing in this Act contained shall afifect or prejudice

affected. the rights of any person under 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.

t^^ilnds^fo^r-^ 4. This Act shall not apply to lands forfeited to the Crown

felted under under The Mining Tax Act.

Rev. Stat., *

c. 28.

Commence- 5. This Act shall come into force on the day upon which
ment of Act. j^ receives the Royal Assent.

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No. 156

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Theatres and Cinematographs Act.

Mr. Dunlop

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 156

1931

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.

Rev. Stat.,
c. 285, 8. 2,
amended.

1. This Act may be cited as The Theatres and Cinematographs
Act, 1931.

2. Section 2 of The Theatres and Cinematographs Act as
amended by section 3 of The Theatres and Cinematographs
Act, 1930, is further amended by inserting after the word
"matter" in the thirteenth line, the following words: "requiring
that a proportion of the films available for distribution to
exhibitors, and the films exhibited in each theatre, shall be
of British manufacture and origin, and fixing such proportions
on a monthly or yearly basis."

156

Explanatory Note

The proposed amendment gives the Lieutenant-Governor in Council
authority to require every film exchange to have available for distribution
and every motion-picture theatre to exhibit a percentage of films of British
manufacture and origin.

156

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No. 156

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Theatres and Cinematographs Act.

Mr. Dunlop

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 156

1931

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.

Rev. Stat.,
c. 285, s. 2,
amended.

1. This Act may be cited as The Theatres and Cinematographs
Act, 1931.

156

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No. 157

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Private Hospitals.

Mr. Robb

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 157

1931

BILL

An Act respecting Private Hospitals.

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 Hospitals Act,
1931.

Interpre-
tation.

"Depart-
ment."

2. In this Act,—

{a) "Department" shall mean the Department of Health
for Ontario;

"House."

"Inspector."

(6) "House" shall include any building, tent or other
structure, whether permanent or temporary, intended
for human habitation; and where there are two or
more such structures in the occupation of the same
person and situate on the same piece of land they
shall be deemed to constitute a single house within
the meaning of this Act;

"Maternity
hospital."

{d) "Maternity hospital" shall mean a private hospital
for the reception and care of patients in or in respect
of child-birth ;

"Medical
and surgical
hospital."

"Minister.

"Patient."

{e) "Medical and surgical hospital" shall mean a private
hospital for the reception of any class of patients
other than those last mentioned;

(/) "Minister" shall mean the member of the Executive
Council charged for the time being with the adminis-
tration of this Act ;

(g) "Patient" shall mean a person admitted to a private
hospital for the purposes of treatment;

157

Explanatory Note

General Note. — ^With the repeal of The Hospitals and Charitable
Institutions Act it is necessary to provide for private hospitals which are
now covered by sections 25 to 43 of the repealed Act.

This new Act is to a great e.\tent a re-enactment of the above-mentioned
provisions with such additions as are desirable to transfer control thereof
to the Department of Health and to make regulations so that private
hospitals may be brought into line with the institutional legislation being
passed at this Session.

In future it is intended to limit the application of the Act to private
hospitals which have four or more patients instead of two patients as at
present.

157

"Private
hospital."

(h) "Private hospital" shall mean a house in which four
or more patients are or may be admitted for treat-
ment other than, —

(i) a hospital under The Public Hospitals Act,
1931;

(ii) a sanatorium under The Sanatoria for Con-
sumptives Act;

Rev. Stat.
c. 355.

Rev. Stat.
c. 233.

Regu-
lations."

"Superin-
tendent."

"Treat-
ment."

(iii) a hospital or other establishment or institution
wholly or mainly supported by provincial aid ;

(iv) an institution in respect of which a license
under The Private Sanitarium Act is in force,
or

(v) an institution for the reclamation and cure
of habitual drunkards established under The
Municipal Act

and, without restricting the generality of the foregoing,
private hospital shall include a convalescent home, rest
home, private sanatorium for consumptives, private
refuge for the aged or infirm and any other hospital, home
refuge or other premises which may be declared by the
Lieutenant-Governor in Council to be subject to this Act.

it) "Regulations" shall mean any regulations made under
this Act;

0) "Superintendent" shall mean the person who has for
the time being the direct and actual superintendence
and charge of a private hospital;

{k) "Treatment" shall mean and include the stay, main-
tenance, observation, care, nursing and treatment of
a patient.

3. The several private hospitals licensed under The
Hospitals and Charitable Institutions Act shall for the purposes
of this Act be deemed to have had their respective licenses
renewed until the 30th day of September, 1932, subject
however to the right of the Minister to revoke any such license
and subject to payment of the fee for renewal of a license.

4. The Lieutenant-Governor in Council upon the recom-
mendation of the Minister may make such regulations with
respect to private hospitals as may be deemed necessary for :

(a) their construction, establishment, licensing, altera-
tion, equipment, maintenance and repair;

157

(b) their classifications, grades and standards;

conduct, operation and use;

(d) their superintendents, staffs, officers, servants and
employees and the powers and duties thereof;

(e) the admission, treatment, conduct, discipline and

discharge of patients;

(/) the classification of patients;

(g) the records, books, accounting systems, audits,
reports and returns to be made and kept; and

(h) all other matters affecting private hospitals.

6. It shall be the duty of the Department and it shall have
power to administer and enforce the provisions of this Act
and the regulations.

6. The Minister, with the approval of the Lieutenant-
Governor in Council, may designate one or more officers of
the Department to be inspectors for the purposes of this Act
and the regulations, and the powers and duties of such
inspectors shall be as prescribed by the regulations.

7. Every private hospital shall have power to carry on its
undertaking as may be authorized by any general or special
Act under which it was created, established, incorporated or
empowered so to do, but where the provisions of any general
or special Act heretofore passed conflict with the provisions
of this Act or the regulations the provisions of this Act and
the regulations shall prevail.

for hospital. 8. — (1) No house shall be used as a private hospital except
under the authority of a license issued by the Minister under
this Act.

Penalty.

(2) If any house is used as a private hospital in breach of
this section the occupier and all persons concerned in the
management of the house, or in the admission to or treatment
of any patient therein, shall severally incur a penalty not
exceeding $25 for every day during which such use is continued.

Application
for license.

9. — (1) Every application for a license to keep a priv^ate
hospital shall be made in writing to the Minister and shall
contain the following particulars:

157

(a) the full name, place of abode and occupation of the
applicant;

(b) a statement of the estate or interest of the applicant

in the house in respect of which the license is desired ;

admitted in the house and in each room or apartment
of the house;

(d) a description of the situation of the house;

(e) a plan of the house on a scale of not less than an

eighth of an inch to the foot;

(/) a statement of the length, breadth and height of every
room and apartment in the house, including operating
and subsidiary rooms;

(g) a statement of the rooms or apartments to be used
exclusively by patients, and of those to be used
exclusively by the licensee or the superintendent or
by persons other than patients;

(h) a statement of the sanitary arrangements, ventilation,
heating and water supply of the house;

(i) a full description of the fire escapes of the house and
the facilities proxided for use in case f)f fire;

(j) a statement as to the classes of patients proposed to
be admitted.

of^appu-"^" (2) Every such application shall be verified by the statutory
cation. declaration of the applicant and shall be accompanied by a

Fee. feeofSlS.

Approval. jq ^^^ license shall be granted unless the house and its

location with regard to adjoining dwelling houses are approved
by an Inspector as suitable for the purposes indicated in the
application, and the Minister is satisfied as to the character
and fitness of the applicant.

oViicensed H- — (1) Every private hospital shall according to the

hos^^tais. tenor of the license issued in respect thereof be either:

Alaternity.
Medical.

(a) a licensed maternity hospital ; or

(b) a licensed medical and surgical hospital ; or

and*med*icai. (^) ^ hospital licensed both as a maternity and as a

medical and surgical hospital.

157

Number
of patients.

(2) Every license shall state the maximum number of
patients who may be admitted in the hospital at any one time.

Limitation
of patients.

(3) A license may be limited to the admission of any
particular class or classes of patients.

Duration
of license.

(4) Every license shall expire on the 30th day of September
next following the date of its issue, but may be renewed in
accordance with the regulations.

Annual fee. 12. The fee for renewal of a license shall be $5.

of"uoen°e" ^^' ^^^^" ^ license has been issued to two or more persons

notwith- jointly, and during the currency thereof any of those persons
death of one dies leaving the other or others surviving, the license shall
licensees. remain in force and have the same effect as if granted to the
survivor or survivors.

Transfer of
license upon
application
of licensee.

14. On the application in writing signed by the licensee
and by any person to whom he desires that his license shall
be transferred, the Minister may, by endorsement on the
license or othei-wise in writing, transfer the license to that
person, and thereupon that person shall become the licensee
of the private hospital with the same rights and obligations
as if the license had been granted to him.

^voc'at^on'of ^^- — ^^^ ^^ *^^ licensee or the sole surviving licensee dies
ij'^ense upon the Minister may, by endorsement on the license or otherwise

death of . . . r , i- • i i

licensee. m writmg, transfer the license to any person nommated by
the executors or administrators of the deceased licensee, and
that person shall thereupon become the licensee of the private
hospital with the same rights and obligations as if the license
had been granted to him.

Continu-
ation of
license until
revoked.

(2) During the currency of a license and any renewal
thereof and until the license is revoked under this Act the
private hospital shall continue to be a licensed hospital, and
the superintendent and other officers shall be deemed for the
purposes of this Act to continue in office in the same manner
as if the licensee were still living.

Revocation
under such
circum-
stances.

Revocation
of license.

(3) If the license is not transferred under the authority of
this section within two months after the death of the licensee
or of the sole surviving licensee the Minister may by writing
under his hand revoke the license, and notice of the revocation
shall be published in the Ontario Gazette.

16. — (1) A license may at any time be revoked by the
Minister, if

157

Default in
payment of
i cense fee.

Conviction
of offences
against Act.

Premises
unsanitary.

(a) the licensee has made default for three months in
paying the annual license fee;

(b) the licensee or superintendent has been convicted of

an offence against this Act or of any offence punish-
able by imprisonment; or

(r) in the opinion of an Inspector the hospital premises
are unsanitary or without proper fire protection, or
the private hospital is managed or conducted in such
a manner that the revocation of the license is required
in the public interest.

Notice

to li'-i.i.

(2) Before a license is revoked the Minister shall giv^e notice
to the licensee or superintendent of the ground on which it is
proposed to revoke the license, and shall afford to him an
opportunity of showing cause why the license should not be
revoked.

Servii'o
of notice.

(3) Any such notice may be given to the licensee or superin-
tendent, either personally or by leaving it at the hospital with
an officer or employee thereof or by mailing the same by regis-
tered letter postage prepaid addressed to such licensee or
superintendent at the hospital and the revocation shall be
effected by writing under the hand of the Minister, and notice
of the revocation shall be published in the Ontario Gazette.

Provincial (4) The decision of the Minister as to the revocation of a

^ecre ary license shall be final and conclusive and shall not be questioned
in any court or in any proceeding.

Approval IjV
Inspector oi'
structui-al

Penalty.

Superin-
tendent of
licensed
hospital.

17. — (1) No structural alteration of or addition to any
private hospital shall be made until a plan of the proposed
alteration or addition has been given to and approved by an
Inspector.

(2) If any alteration or addition is made in breach of this
section the licensee shall incur a penalty not exceeding $100.

18. — (1) For every private hospital there shall, if required
by the regulations, at all times be a superintendent resident
on the premises who may be the licensee himself, if qualified
under this section, and shall be either a legally qualified
medical practitioner or a trained graduate nurse.

approv\°L^ (2) ^o person other than a licensee shall be appointed as
the superintendent until his name and qualification have been
notified to an Inspector and he has approved of the appoint-
ment.

157

Acting
superin-
tendent.

(3) During the temporary absence, illness or incapacity
of the superintendent the licensee may, without notice to the
Inspector, appoint as acting superintendent any other person
qualified in accordance with this section ; and every person so
appointed shall, while he so acts, be deemed for the purposes
of this Act to be the superintendent, but he shall not so act,
whether under the same or successive appointments, for a
longer continuous period than four weeks.

Penalty. ^4^ jf ^^ j^,.,y ti^g ^ private hospital is used as such while

there is no duly qualified superintendent, or while the superin-
tendent is not resident on the premises, the licensee shall incur
a penalty not exceeding $25 for every day during which it is
so used.

Exemption
by Provincial
Secretary.

(5) The Minister may, because of special circumstances and
on such terms and conditions as he thinks fit, by warrant under
his hand temporarily exempt any private hospital from the
requirements of subsection 1.

drawai of (6) Any exemption .so granted may be withdrawn by him

exemption, ^y notice Under his hand and delivered to the licensee of the
hospital.

19.— (1) In every private hospital there shall be kept a
register of patients in which shall be entered the following
particulars:

Name, etc.,
of patients.

Naipe

of medical

practitioner.

Date

of patient's

departure

or death.

Other
particulars.

(a) the name, age and usual place of abode of every
patient, and date of his admission into the hospital;

(b) the name of the medical practitioner, if any, attending

each patient;

in the event of the death of a patient in the hospital,
the date of his death ;

(d) such other particulars as may be prescribed by an

Inspector.

Entry of
particulars.

(2) Such particulars shall be entered in the register as soon
as practicable after the occurrence of the act or event to which
the entry relates.

Penalties.

(3) Every person who knowingly makes in the register an
untrue entry shall incur a penalty not exceeding $200.

Idem.

(4) Every licensee who fails to make or cause to be made
any entry in the register required by this Act to be made
therein shall incur a penalty not exceeding $50.

157

bvTns*ector ^^- Every private hospital and the registers thereof shall
at all times be open to inspection by an Inspector.

Power
of Inspector
to enter un-
licensed
premises.

Penalty.

21. If an Inspector believes or suspects that any house is
used as a private hospital without being licensed he may
at any time and from time to time by himself, or by any
person authorized by him, enter and inspect such house and
every part thereof; and any person who prevents or obstructs
or attempts to prevent or obstruct any such entry or inspection
shall incur a penalty not exceeding $200.

Use of

licensed

hospitals.

Penalty.

22. — (1) A private hospital shall not be used for any
purpose other than the purposes in respect of which the
license is granted and purposes reasonably incidental thereto.

(2) If a private hospital is used in any manner contrary to
the provisions of this section the licensee and superintendent
shall severally incur a penalty not exceeding $25 for every day
during which it is so used.

Reception
in licensed
hospital of
more than
authorized
number of
patients.

23. If at any time a private hospital is used for the treat-
ment of a greater number of patients than is permitted by the
license, or for the admission of any patient of a class not
authorized by the license, the licensee and the superintendent
shall severally incur a penalty not exceeding $25 for every day

Penalty. during which it is so used.

d'eemed'the -"*• — (1) ^he Superintendent of a private hospital shall be

cert^am^'^ ^°^ deemed to be the occupier of the house for the purpose of

purposes. giving notice under The Public Health Act of any patient found

c. 262. ' or suspected to be suffering from any communicable disease.

Idem.

Rev. Stat.,

(2) The superintendent of a private hospital shall be deemed
to be the occupier thereof for the purpose of giving notice or
information under The Vital Statistics Act of the death of any
person or of the birth of any child in the hospital.

Penalties.

Rev. Stat.,
c. 121.

25. Any person who contravenes any of the provisions of
this Act or of any regulation made thereunder where a penalty
is not provided herein shall incur a penalty of not less than $5
and not exceeding $500, and all penalties provided for herein
shall be recoverable under The Summary Convictions Act.

of^pro^ofin ^^- — (^) In any prosccution for an offence against this Act

prosecutions, the burden of proving that any person residing in a house and
there receiving medical treatment is not a patient within the
meaning of this Act shall be upon the person charged.

157

Idem. (2) In any prosecution for an offence against this Act the

burden of proving that a license is in force, and of proving its
terms, and that any person apparently having the charge,
control or management of a private hospital is not the superin-
tendent thereof within the meaning of this Act shall be upon
the person charged.

Commence- 27. This Act shall come into force on the 1st day of
October, 1931.

157

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No. 157

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Private Hospitals.

Mr. Robb

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 157

1931

BILL

An Act respecting Private Hospitals.

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 Hospitals Act,
1931.

Interpre-
tation.

"Depart-
ment."

2. In this Act, —

(a) "Department" shall mean the Department of Health
for Ontario;

"House."

"Inspector."

"Maternity
hospital."

{h) "House" shall include any building, tent or other
structure, whether permanent or temporary, intended
for human habitation; and where there are two or
more such structures in the occupation of the same
person and situate on the same piece of land they
shall be deemed to constitute a single house within
the meaning of this Act;

{d) "Maternity hospital" shall mean a private hospital
for the reception and care of patients in or in respect
of child-birth;

"Medical
and surgical
hospital."

"Minister."

"Patient."

{e) "Medical and surgical hospital" shall mean a private
hospital for the reception of any class of patients
other than those last mentioned;

(/) "Minister" shall mean the member of the Executive
Council charged for the time being with the adminis-
tration of this Act ;

(g) "Patient" shall mean a person admitted to a private
hospital for the purposes of treatment;

157

(h) "Private hospital" shall mean a house in which four J^Pj'y^^Jj® ,
or more patients are or may be admitted for treat-
ment other than, —

(i) a hospital under The Public Hospitals Act,
1931;

(ii) a sanatorium under The Sanatoria for Con-
sumptives Act, 1931;

(iii) a hospital or other establishment or institution
wholly or mainly supported by provincial aid ;

(iv) an institution in respect of which a license ^^55^*^*'
under The Private Sanitarium Act is in force,
or

(v) an institution for the reclamation and cure R®^- Stat.

. c. 233.

of habitual drunkards established under The

Municipal Act

{i) "Regulations" shall mean any regulations made under j^^.s^-g ,,
this Act;

0') "Superintendent" shall mean the person who has for J.'^^^J'g^^'"^'^:
the time being the direct and actual superintendence
and charge of a private hospital;

{k) "Treatment" shall mean and include the stay, main- "Treat-
tenance, observation, care, nursing and treatment of
a patient.

4. The Lieutenant-Governor in Council upon the recom-
mendation of the Minister may make such regulations with
respect to private hospitals as may be deemed necessary for:

(a) their construction, establishment, licensing, altera-
tion, equipment, maintenance and repair;

157

(b) their classifications, grades and standards;

conduct, operation and use;

(d) their superintendents, staffs, officers, servants and
employees and the powers and duties thereof;

(e) the admission, treatment, conduct, discipline and

discharge of patients;

(/) the classification of patients;

(g) the records, books, accounting systems, audits,
reports and returns to be made and kept ; and

(h) all other matters affecting private hospitals.

5. It shall be the duty of the Department and it shall have
power to administer and enforce the provisions of this Act
and the regulations.

for hospital. 8. — (1) No house shall be uscd as a private hospital cxcept
under the authority of a license issued by the Minister under
this Act.

Penalty. (2) If any house is used as a private hospital in breach of

this section the occupier and all persons concerned in the
management of the house, or in the admission to or treatment
of any patient therein, shall severally incur a penalty not
exceeding $25 for every day during which such use is continued.

Application
for license.

9. — (1) Every application for a license to keep a private
hospital shall be made in writing to the Minister and shall
contain the following particulars:

157

(a) the full name, place of abode and occupation of the
applicant;

(b) a statement of the estate or interest of the applicant

in the house in respect of which the license is desired;

admitted in the house and in each room or apartment
of the house;

(d) a description of the situation of the house;

(e) a plan of the house on a scale of not less than an

eighth of an inch to the foot;

(/) a statement of the length, breadth and height of every
room and apartment in the house, including operating
and subsidiary rooms;

(g) a statement of the rooms or apartments to be used
exclusively by patients, and of those to be used
exclusively by the licensee or the superintendent or
by persons other than patients;

(h) a statement of the sanitary arrangements, ventilation,
heating and water supply of the house ;

(i) a full description of the fire escapes of the house and
the facilities provided for use in case of fire;

(J) a statement as to the classes of patients proposed to
be admitted.

(2) Every such application shall be verified by the statutory of®appfi-'°"
declaration of the applicant and shall be accompanied by a nation.
fee of $15. Fee.

10. No license shall be granted unless the house and its'^PP'"^^''^^-
location with regard to adjoining dwelling houses are approved
by an Inspector as suitable for the purposes indicated in the
application, and the Minister is satisfied as to the character
and fitness of the applicant.

11. — (1) Every private hospital shall according to the ^'j^censed
tenor of the license issued in respect thereof be either: hospitals.

(a) a licensed maternity hospital ; or * ^^^^ ^'

(b) a licensed medical and surgical hospital ; or Medical.

medical and surgical hospital.

157

S"p^filnts. (2) Every license shall state the maximum number of
patients who may be admitted in the hospital at any one time.

Limitation ,^^ a i- i i- • i i , . .

of patients. {6} A license may be limited to the admission of any
particular class or classes of patients.

Duration
of license.

(4) Every license shall expire on the 30th day of September
next following the date of its issue, but may be renewed in
accordance with the regulations.

Annual fee.

12. The fee for renewal of a license shall be $5.

of'i'icens^e'^ 13. When a license has been issued to two or more persons

st°a*ndfng jointly, and during the currency thereof any of those persons
death of one dies leaving the other or others surviving, the license shall

of joint . . /^ , , „ ^ .. , .

licensees. remain in torce and have the same effect as if granted to the
survivor or survivors.

Transfer of
license upon
application
of licensee.

14. On the application in writing signed by the licensee
and by any person to whom he desires that his license shall
be transferred, the Minister may, by endorsement on the
license or otherwise in writing, transfer the license to that
person, and thereupon that person shall become the licensee
of the private hospital with the same rights and obligations
as if the license had been granted to him.

SvTcSn^of ^^- — ^^) ^^ *^^ licensee or the sole surviving licensee dies
death^of ^°" the Minister may, by endorsement on the license or otherwise
licensee. in writing, transfer the license to any person nominated by
the executors or administrators of the deceased licensee, and
that person shall thereupon become the licensee of the private
hospital with the same rights and obligations as if the license
had been granted to him.

Continu-
ation of
license until
revoked.

Revocation
under such
circum-
stances.

Revocation
of license.

16. — (1) A license may at any time be revoked by the
Minister, if

157

(a) the licensee has made default for three months in payment of
paying the annual license fee; i cense ee.

(b) the licensee or superintendent has been convicted o{^°^^i^^°^

an ofTence against this Act or of any offence punish- ^eainst Act.
able by imprisonment; or

are unsanitary or without proper fire protection, or
the private hospital is managed or conducted in such
a manner that the revocation of the license is required
in the public interest.

(2) Before a license is revoked the Minister shall give notice ?i°,V„°®o„„
to the licensee or superintendent of the ground on which it is
proposed to revoke the license, and shall afford to him an
opportunity of showing cause why the license should not be
revoked.

(3) Any such notice may be given to the licensee or superin- of ^Jj^fce
tendent, either personally or by leaving it at the hospital with

an officer or employee thereof or by mailing the same by regis-
tered letter postage prepaid addressed to such licensee or
superintendent at the hospital and the revocation shall be
effected by writing under the hand of the Minister, and notice
of the revocation shall be published in the Ontario Gazette,

(4) The decision of the Minister as to the revocation of a pr1)vhicia°
license shall be final and conclusive and shall not be questioned Inal^*^^^
in any court or in any proceeding.

17. — (1) No structural alteration of or addition to any iil^pector of^
private hospital shall be made until a plan of the proposed |*[griuons.
alteration or addition has been given to and approved by an
Inspector.

(2) If any alteration or addition is made in breach of this P^^^ity-
section the licensee shall incur a penalty not exceeding $100.

18. — (1) For every private hospital there shall, if required fe"fcfe" to f
by the regulations, at all times be a superintendent resident ^^olpff.fi
on the premises who may be the licensee himself, if qualified
under this section, and shall be either a legally qualified
medical practitioner or a trained graduate nurse.

(2) No person other than a licensee shall be appointed as ^"^p^^^^j^'^
the superintendent until his name and qualification have been
notified to an Inspector and he has approved of the appoint-
ment.

157

Acting
superin-
tendent.

(3) During the temporary absence, illness or incapacity
of the superintendent the Hcensee may, without notice to the
Inspector, appoint as acting superintendent any other person
quahfied in accordance with this section ; and every person so
appointed shall, while he so acts, be deemed for the purposes
of this Act to be the superintendent, but he shall not so act,
whether under the same or successive appointments, for a
longer continuous period than four weeks.

Penalty. (4) jf ^^ ^j^y ^j^ig ^ private hospital is used as such while

Exemption
by Provincial
Secretary.

drawai of (6) Any exemption so granted may be withdrawn by him

exemption. |3y notice under his hand and delivered to the licensee of the
hospital.

19. — (1) In every private hospital there shall be kept a
register of patients in which shall be entered the following
particulars:

Name, etc.,
of patients.

Name

of medical

practitioner.

Date

of patient's

departure

or death.

Other
particulars.

(a) the name, age and usual place of abode of every
patient, and date of his admission into the hospital;

(b) the name of the medical practitioner, if any, attending

each patient;

in the event of the death of a patient in the hospital,
the date of his death ;

(d) such other particulars as may be prescribed by an

Inspector.

parucu°ars. (^) Such particulars shall be entered in the register as soon
as practicable after the occurrence of the act or event to which
the entry relates.

Penalties.

(3) Every person who knowingly makes in the register an
untrue entry shall incur a penalty not exceeding $200.

Idem. (4) Every licensee who fails to make or cause to be made

any entry in the register required by this Act to be made
therein shall incur a penalty not exceeding $50.

157

20. Every private hospital and the registers thereof shall by^nspector
at all times be open to inspection by an Inspector.

21. If an Inspector believes or suspects that any house isPp^er

, . *^ , .... , . ,. , , of Inspector

used as a private hospital without being hcensed he may to enter un-

at any time and from time to time by himself, or by any premises.

person authorized by him, enter and inspect such house and

every part thereof; and any person who prevents or obstructs

or attempts to prevent or obstruct any such entry or inspection

shall incur a penalty not exceeding $200. Penalty.

Use of

22. — (1) A private hospital shall not be used for any licensed
purpose other than the purposes in respect of which the
license is granted and purposes reasonably incidental thereto.

23. If at any time a private hospital is used for the treat- ^^^icenlVd
ment of a greater number of patients than is permitted by the hospital of

,. i- , ...f . f , more than

license, or tor the admission oi any patient oi a class not authorized
authorized by the license, the licensee and the superintendent patients.
shall severally incur a penalty not exceeding $25 for every day
during which it is so used. Penalty.

24. — (1) The superintendent of a private hospital shall be^^j^*^^^g
deemed to be the occupier of the house for the purpose of "g^t^a^jf ^°^
giving notice under The Public Health Act of any patient found R^^P^^f.^;
or suspected to be suffering from any communicable disease, c. 262.

(2) The superintendent of a private hospital shall be deemed ^'^®"^-
to be the occupier thereof for the purpose of giving notice or
information under The Vital Statistics Act of the death of any^^g^*^*-
person or of the birth of any child in the hospital.

25. Any person who contravenes any of the provisions of p®"^'*^®^-
this Act or of any regulation made thereunder where a penalty
is not provided herein shall incur a penalty of not less than $5
and not exceeding $500, and all penalties provided for herein
shall be recoverable under The Summary Convictions Act. ^^21^*^*"

26. — (1) In any prosecution for an offence against this Act^^M^den^.^
the burden of proving that any person residing in a house and prosecutions.
there receiving medical treatment is not a patient within the
meaning of this Act shall be upon the person charged.

157

^^®'^* (2) In any prosecution for an offence against this Act the

Commence- 27. This Act shall come into force on the 1st day of
"^^"*°'^^*- October, 1931.

157

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No. 158

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting the Practice of Veterinary Science.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 158

1931

BILL

An Act respecting the Practice of Veterinary Science.

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 Veterinary Science Practice
Act, 1931.

Interpreta-
tion,—

"Associa-
tion."

2. In this Act,—

(a) "Association" shall mean the Ontario Veterinary
Association ;

"Board."
"Minister."

{h) "Board" shall mean the Veterinary Practice Board;

"Registrar."

"Veterinary
science."

{d) "Registrar" shall mean the Registrar of the Ontario
Veterinary Association ;

(e) "Veterinary science" shall mean the application of
medicine or surgery to the ailments of any kind of
live stock or domestic animals, except as regards
parturition, castration, spaying and dehorning.
R.S.O. 1927, c. 208, s. 1. Amended.

Ontario

Veterinary

Association.

3. All persons duly qualified and registered under the pro-
visions of this Act to practise veterinary science shall con-
stitute the Ontario Veterinary Association, New.

Corporate
name and
powers.

4, The Association shall be a corporate body by the name
aforesaid, having a common seal, with power to make by-laws,
rules and regulations as may be deemed necessary governing
its members, and to fix the fees of admission and annual fees,
and shall prescribe the form of certificate to be issued under
this Act. New.

158

Explanatory Notes
Section 2. Interpretation section. Clauses (a), (b) and (d) are new.

Section 3. This is new and provides for the constitution of the Ontario
Veterinary Association.

Section 4. This is new and gives the Association power to make by-laws,
rules and regulations governing the members.

158

^Ijuired*^ 5. On and after the 1st day of June, 1931, no person shall

practise veterinary science for fees in Ontario without a certi-
ficate entitling him so to do. R.S.O. 1927, c. 208, s. 2.

Amended.

Board to

approve

certificates.

6. Such certificates shall be issued annually by the Registrar
to recognized graduates in veterinary science upon the recom-
mendation of a board of three members to be appointed each
year by the Association and to be known as the Veterinary
Practice Board. New.

Registrar's
duties.

7. The Registrar shall be appointed each year by the
Association and it shall be the duty of the Registrar to issue
the necessary certificates and to make and keep a correct
register of those receiving certificates each year and to remove
delinquents from the register from time to time as recommended
by the Board. New.

Applications

for

certificates.

8. Applications for certificates shall be made to the Regis-
trar and referred by him to the Board and it shall be the duty
of the Board to carefully examine the evidence submitted as
to the standing of each applicant for such certificate and
recommendations shall be made only in the cases of, —

(a) graduates in veterinary science of the Ontario
Veterinary College or of the University of Toronto;

(6) graduates in veterinary science of any veterinary
college or university recognized by the Board as
being at least equal in standing to the Ontario
Veterinary College, and who have passed an examina-
tion conducted by the Board equivalent to that
prescribed by the University of Toronto for the
degree of Bachelor of Veterinary Science. R.S.O.
1927, c. 208, s. 4. Amended.

Persons
exempt.

1920. 0. 51.

Rev. Stat.,
c. 208.

f 9. Persons who at the time of the passing of this Act have
received certificates from the Minister under the provisions of
clause c of section 5 of The Veterinary Science Practice Act,
1920, or under the provisions of The Veterinary Science
Practice Act, R.S.O. 1927, chapter 208, shall be exempt from
the operations of this Act. New.

Cancellation

certificates.

10. The Registrar, upon the recommendation of the
Board, may cancel any certificate upon evidence that the
holder thereof has been convicted in the courts of an indictable
offence, or is of bad repute through disgraceful conduct, or is
in default of any fees payable by him to the Association,
whereupon such person shall cease to have any of the privileges

158

Section 5. This is the same as present section 2 except that under the
present Act the certificate is issued by the Minister whereas by the proposed
Act it will be issued by the Registrar upon the recommendation of the
Board.

Section 6. This is new and provides for the annual issue of certificates
to recognized graduates in veterinary science.

Section 7. This is new and provides for the appointment of the registrar
and sets out his duties.

Section 8. This is taken from the present section 4 but provides that
the application for a certificate be made to the Registrar instead of to the
chairman of the Board, and clause (b) contains an additional provision
that graduates in veterinary science in any college equivalent in standing
to the Ontario Veterinary College must pass an examination conducted
by the Board.

Section 9. This is taken from clause (c) of the present section 4 and is
for the protection of laymen who have been granted permission to practise
veterinary science although not graduates of any university.

Section 10. This is taken from the present section 5 but provides that
the Registrar upon the recommendation of the Board may cancel a certi-
ficate, instead of this being done by the Minister and adds an additional
provision that the certificate may be cancelled in the case of a person who
"is of bad repute through disgraceful conduct or who is in default of any
fees payable to the Association."

158

of a veterinary surgeon under this Act.
s. 5. Amended.

R.S.O. 1927, c. 208,

Conducting
courses in
veterinary
science.

11. No person or persons, association, company or organi-
zation shall hereafter conduct in Ontario courses in veterinary
science for which fees are charged or certificates or diplomas
granted without a certificate of authorization from the
Minister, and a certificate shall only be issued after investiga-
tion by the Board has shown that the requirements of admis-
sion and courses of study and instruction are at least equal in
standard to that of the Ontario Veterinary College. R.S.O.
1927, c. 208, s. 6. Amended.

Use of titles
restricted.

12. No person, other than a graduate in veterinary science
of a recognized college or university, shall use the title
"Veterinary," "Veterinarian," "Veterinary Surgeon" or
append to his name any of these titles, or any abbreviation
thereof, and no graduate in veterinary science shall use any
title or degree which has not been conferred on him by a
recognized college or university. R.S.O. 1927, c. 208, s. 7.
Amended.

p^rofess*ionai ^^- ^^^ person holding a certificate from the Registrar
fees. shall be entitled to professional fees in attending any court

of law in such cases as relate to the veterinary profession.

R.S.O. 1927, c. 208, s. 8. Amended.

Penalty.

Rev. Stat.,
c. 121.

14. Any person violating any provision of this Act shall be
guilty of an offence and shall incur a penalty of not more than
$100 nor less than $50 to be recoverable by the Association
under The Summary Convictions Act. R.S.O. 1927, c. 208, s. 9.
Amended.

Rev. Stat.,
c. 208,
repealed.

15. The Veterinary Science Practice Act, being chapter 208
of the Revised Statutes of 1927, is repealed.

inent^ol-^Act ' ^^ ^^^^ ^^^ ^^^^^ ^^^^ ^^^^ ^orce on the 1st day of June,
1931.

158

Section 11. This is the same as the present section 6 except that the
word "or" in the third line has been substituted for the word "and."

Section 12. This is the same as the present section 7 with the addition
of the words "Veterinary" and "Veterinarian."

Section 13. This is taken from the present section 8 which provides
that a veterinary surgeon shall be entitled to $4 per day when called as a
witness in any court to give a professional opinion or in consequence of
any professional service rendered by him.

Section 14. This is taken from the present section 9. The proposed
section clearly sets out that the penalty is to be recoverable by the
Association.

Section 15. Repeal section.

158

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No. 158

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting the Practice of Veterinary Science.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 158

1931

BILL

An Act respecting the Practice of Veterinary Science.

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

Short title.

Interpreta-
tion,—

"Associa-
tion."

"Board."
"Minister."

"Registrar."

"Veterinary
science."

1. This Act may be cited as The Veterinary Science Practice
Act, 1931.

2. In this Act, —

(a) "Association" shall mean the Ontario Veterinary
Association ;

{h) "Board" shall mean the Veterinary Practice Board;

{d) "Registrar" shall mean the Registrar of the Ontario
Veterinary Association ;

{e) "Veterinary science" shall mean the application of
medicine or surgery to the ailments of any kind of
live stock or domestic animals, except as regards
parturition, castration, spaying and dehorning.
R.S.O. 1927, c. 208, s. 1. Amended.

Ontario

Veterinary

Association.

3. All persons duly qualified and registered under the pro-
visions of this Act to practise veterinary science shall con-
stitute the Ontario Veterinary Association. New.

Corporate
name and
powers.

4. The Association shall be a corporate body by the name
aforesaid, having a common seal, with power to make by-laws,
rules and regulations as may be deemed necessary governing
its members, and to fix the fees of admission and annual fees,
and shall prescribe the form of certificate to be issued under
this Act. New.

158

5. On and after the 1st day of June, 1931, no person shall fJ^^J'^j^g^^*®
practise veterinary science for fees in Ontario without a certi-
ficate entitling him so to do. R.S.O. 1927, c. 208, s. 2.
Amended.

6. Such certificates shall be issued annually by the Registrar approve^
to recognized graduates in veterinary science upon the recom- certificates,
mendation of a board of three members to be appointed each

year by the Association and to be known as the Veterinary
Practice Board. New.

7. The Registrar shall be appointed each year by the ^ufie^s.'^^'^'^
Association and it shall be the duty of the Registrar to issue

the necessary certificates and to make and keep a correct
register of those receiving certificates each year and to remove
delinquents from the register from time to time as recommended
by the Board. New.

8. Applications for certificates shall be made to the Regis- fo?^ '^^ ^^'^^
trar and referred by him to the Board and it shall be the duty certificates,
of the Board to carefully examine the evidence submitted as

to the standing of each applicant for such certificate and
recommendations shall be made only in the cases of, —

(a) graduates in veterinary science of the Ontario
Veterinary College or of the University of Toronto;
or

(b) graduates in veterinary science of any veterinary

college or university recognized by the Board as
being at least equal in standing to the Ontario
Veterinary College, and who have passed an examina-
tion conducted by the Board equivalent to that
prescribed by the University of Toronto for the
degree of Bachelor of Veterinary Science. R.S.O.
1927, c. 208, s. 4. Amended.

9. Persons who at the time of the passing of this Act have Sfempt.
received certificates from the Minister under the provisions of
clause c of section 5 of The Veterinary Science Practice Act,
1920, or under the provisions of The Veterinary Science
Practice Act, R.S.O. 1927, chapter 208, shall be exempt from Rev.gStat..
the operations of this Act. New.

10. The Registrar, upon the recommendation of the Jf '^^«"^*'°"
Board, may cancel any certificate upon evidence that the '^e''*'^^^*®^-
holder thereof has been convicted in the courts of an indictable
offence, or is of bad repute through disgraceful conduct, or is

in default of any fees payable by him to the Association,
whereupon such person shall cease to have any of the privileges

158

of a veterinary surgeon under this Act.
s. 5. Amended.

R.S.O. 1927, c. 208,

Conducting
courses in
veterinary
science.

Use of titles
restricted.

prf?ess*ionai ^^' "^"^ person holding a certificate from the Registrar
fees. shall be entitled to professional fees in attending any court

of law in such cases as relate to the veterinary profession.

R.S.O. 1927, c. 208, s. 8. Amended.

Penalty.

Rev. Stat.,
c. 121.

Rev. Stat.,
c. 208

15. The Veterinary Science Practice Act, being chapter 208
repealed. of the Revised Statutes of 1927, is repealed.

SentTfTc't *^' ^^^^ ^^^ ^^^^^ ^^^^ ^"^o ^o^c^ o" the 1st day of June,
1931.

158

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No. 159

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to appropriate $5,000,000 for Northern Development

Purposes.

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 159

1031

Short title.

Additiomtl
appropria-
tion of
$5,000,000.

Rev. Stat.
0. 36; 1917
c. 13; 1919
c. 15.

BILL

An Act to appropriate $5,000,000 for Northern
Development Purposes.

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 Northern Ontario Appro-
priation Act, 1931.

2. In addition to the amounts provided by the Northern
Ontario Appropriation Acts, heretofore enacted, there shall
be set apart out of the Consolidated Revenue Fund the sum
of $5,000,000 and the same shall be applied for the purposes
set out in The Northern Development Act and in The Returned
Soldiers' and Sailors' Land Settlement Acts, or any of them.

addfiTionai ^- The Lieutenant-Governor in Council may place to the

required credit of the said funds such additional sum as may be required

to meet payments, which may be authorized to be met out

of the said fund and for the purposes set out in the said Acts

or any of them.

ment'^o^f^A^Jt. ^r. This Act shall come into force on the day upon which it
receives the Royal Assent.

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No. 159

2nd Session, 18th Legislaturk, Ontario
21 George V, 1931

BILL

An Act to appropriate $5,000,000 for Northern Development

Purposes.

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 159 1931

BILL

Short title.

An Act to appropriate $5,000,000 for Northern

ncvel()]:>nient Piir])oses.

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

1. This Act may be cited as The Northern Ontario Appro-
priatio7i Act, 1031.

^^.^iil?H?^ 2. In addition to the amounts provided by the Northern

tio'^ of Ontario Appropriation Acts, heretofore enacted, there shall

be set apart out of the Consolidated Revenue Fund the sum

G. 36;' 19 17 of $5,000,000 and the same shall be applied for the purposes

set out in The Northern Development Act and in The Returned

Soldiers' and Sailors' Land Settlement Acts, or any of them.

13; 1919

addfiflouai •^- The LieutenaiU-Governor in Council may place to the

required credit of the said funds such additional sum as may be required

to meet payments, which may be authorized to be met out

of the said fund and for the purposes set out in the said Acts

or any of them.

ment^oTA^ct. 4. This Act shall come into force on the day upon which it
receives the Royal Asvsent.

159

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No. 160

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Guelph Railway Act, 1921.

Mr. Cooke

TORONTO

Printed bv Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 160 1931

BILL

Short title.

An Act to amend The Guelph Railway
Act, 192 1.

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 Guelph Railway Act, 1931.

imencfecL^' ^ ^^'^ Giielph Railway Act, 1921, as amended by The
Guelph Railway Act, 1923, is further amended by adding thereto
the following section :

by'the^ccfm- ^^- — ^^^ ^^^ Commission is hereby authorized without

mission. obtaining the consent of the corporation to issue

bonds of the Commission to the principal amount of
S300,000, dated 1st May, 1931, bearing such rate of
interest, not exceeding 5 per centum per annum
maturing on such date not later than 1st May, 1971,
payable at such place and being in such form as the
Commission may determine, and to sell, pledge or
otherwise dispose of the said bonds upon such terms
as the Commission may determine. The said bonds
and any proceeds from the sale, pledge or other
disposition thereof, to the extent that the same may
be necessary, shall be employed by the Commission
in repaying or retiring bonds of the Commission to
the principal amount of $300,000 maturing 1st May,
1931, heretofore issued by the Commission under
the authority of section 4, including any of said
bonds maturing 1st May, 1931, which have been
acquired by the Commission.

Bonds may (2) The Lieutenant-Governor in Council may authorize

be guaran- ^ ' . ■'

teed by the Treasurer of Ontario for and on behalf of the

Pro VI 11 CG .

Province, to guarantee the payment of the principal
of, and interest on the bonds of the Commission
authorized by this section, and the form of the
guarantee and the manner of its execution shall be
determined by the Lieutenant-Governor in Council.

160

Explanatory Notes

Section 2. This section provides for the issue of bonds to retire those
maturing on the 1st day of May, 1931, and contains the usual provision
for Government guarantee.

160

Application
of deben-
tures

heretofore
issued.

(3) Upon the payment or retirement, or provision for the
payment or retirement of the said bonds of the
Commission to the principal amount of S300,000,
maturing 1st May, 1931, debentures to the principal
amount of S300,000 heretofore issued by the cor-
poration, and deposited with the Commission pur-
suant to section 5, shall be held and dealt with by
the Commission and the corporation in the manner
and upon the terms and conditions and for the
purposes set forth in section 5, and in the agreement
set out as schedule "A" to the same extent and effect
as if the said debentures had been issued and
deposited with the Commission in respect of the
bonds of the Commission authorized to be issued
under this section, instead of the said bonds matur-
ing 1st May, 1931, and all the provisions of this Act
and the said agreement relating to the said bonds,
maturing 1st May, 1931, shall apply equally to the
bonds authorized to be issued by the Commission
under this section, provided that an annual sinking
fund sufficient to repay at their maturity the bonds
to be issued under this section, shall be set aside in
each year during the currency of said bonds, and
until applied to the repayment of said bonds at
maturity, may be invested in securities authorized
for investments by trustees in Ontario.

^^l^'J.wPk 3. Subsection 5 of section 5 of The Guelph Railway Act,
amended. 1921, as amended by The Guelph Railway Act, 1923, is amended
by striking out the words "under section 9" in the fourth line
and by substituting therefor the word "hereunder."

ment"oTAct. "*• This Act shall come into force on the day upon which
it receives the Royal Assent.

160

Section 3. This corrects what was probably an oversight in the drafting
of subsection 5 of section 5 of The Guelph Railway Act, 1921.

160

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No. 160

2nd Session, 18th Li<A.l^l,AlUkK, (Xmakio
21 George V, 1931

BILL

An Act to amend The Guelph Railway Act, 1921.

Mr. Cooke

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 160 1931

BILL

An Act to ameiifl The Giielph Railway
Act, 1921.

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 he cited as The Guclph Railway Act, 1031.

Imended^"^' 2- '^'^'^' <^^''"'^M Raihvay Act, 1931, as amended by The
Guclph Railway Act, 1923, is further amended by addimj thereto
the following section :

bylhi'^c'oln- 6rt. -(1) The Commission is hereby authorized without

'"'ssion. obtaining the consent of the corporation to issue

bonds of the Commission to the principal amount of
$300,000, dated 1st May, 1931, bearing such rate of
interest, not exceeding 5 per centum per annum
maturing on such date not later than 1st May, 1971,
payable at such place and being in such form as the
Commission may determine, and to sell, pledge or
otherwise dispose of the said bonds upon such terms
as the Commission may determine. The said bonds
and any proceeds from the sale, pledge or other
disposition thereof, to the extent that the same may
be necessary, shall be emplo-yed by the Commission
in repaying or retiring bonds of the Commission to
the principal amount of $300,000 maturing 1st May,
1931, heretofore issued by the Commission under
the authority of section 4, including any of said
bonds maturing 1st May, 1931, which have been
acquired by the Commission.

be°gulran-^ (2) The Lieutenant-Governor in Council may authorize

teed by the Treasurer of Ontario for and on behalf of the

Province. _,

rrovmce, to guarantee the payment of the principal
of, and interest on the bonds of the Commission
authorized by this section, and the form of the
guarantee and the manner of its execution shall be
determined by the Lieutenant-Governor in Council.

160

(3) Upon the payment or retirement, or provision for tlie ^y uebeii-"'^
payment or retirement of the said bonds of the''"''^^

K^ . . ... f -, heretofore

Commission to the principal amount of $300,000, issued,
maturing 1st May, 1931, debentures to the principal
amount of $300,000 heretofore issued by the cor-
poration, and deposited with the Commission pur-
suant to section 5, shall be held and dealt with by
the Commission and the corporation in the manner
and upon the terms and conditions and for the
purposes set forth in section 5, and in the agreement
set out as schedule "A" to the same extent and effect
as if the said debentures had been issued and
deposited with the Commission in respect of the
bonds of the Commission authorized to be issued
under this section, instead of the said bonds matur-
ing 1st May, 1931, and all the provisions of this Act
and the said agreement relating to the said bonds,
maturing 1st May, 1931, shall apply equally to the
bonds authorized to be issued by the Commission
under this section, provided that an annual sinking
fund sufficient to repay at their maturity the bonds
to be issued under this section, shall be set aside in
each year during the currency of said bonds, and
until applied to the repayment of said bonds at
maturity, may be invested in securities authorized
for investments by trustees in Ontario.

3. Subsection 5 of section 5 of The Guelph Railway -^^/.g^f^suiil^.^
1921, as amended by The Guelph Railway Act, 1923, is amended amended.
by striking out the words "under section 9" in the fourth line

and by substituting therefor the word "hereunder."

4. This Act shall come into force on the clay upon which ^^e^t."™o®f^Alrt.
it receives the Royal Assent.

160

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No. 161

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Costs of Distress Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 161

1931

BILL

An Act to amend The Costs of Distress 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 Costs of Distress Act, 1931.

Rev. Stat.
0. 110,
ss. 5-13,
repealed.

2. Sections 5 to 13 inclusive of The Costs of Distress Act
are repealed.

3. Section 14 of The Costs of Distress Act is repealed and

Rev. Stat.

repealed. ' the following substituted therefor:

Right of
action not
affected.

14. No person aggrieved by a seizure or sale of goods
under a chattel mortgage or by a distress for rent
or for default in payment of any instalment of
principal or interest secured by any instrument under
the terms of which the vendor retains the right to
take possession of any chattel sold by him for default
in payment of any instalment of principal or interest,
shall be barred from any action or remedy which he
would have had if this Act had not been passed.

Rev. Stat,
c. 110, s. 15,
subs. 1,
amended.

4. — (1) Subsection 1 of section 15 of The Costs of Distress
Act is amended by inserting after the words "chattel mortgage"
in the fifth line the words "or for default in payment of any
instalment of principal or interest secured by any instrument
under the terms of which the vendor retains the right to take
possession of any chattel sold by him for default in payment of
any instalment of principal or interest," so that the subsection
will now read as follows:

Furnishing
statement of
demand and
costs.

(1) A person who makes a distress shall give a statement
in writing of the demand, and of all the costs and
expenses of the distress, signed by him, to the person
on whose goods the distress is made, and a person
who makes a seizure under a chattel mortgage or for
default in payment of any instalment of principal or

161

Section 2. The sections repealed are those which permit offenders
against the provisions of this Act to be brought before a magistrate.
The matter is entirely a civil one and should be dealt with accordingly.

Section 3. This is a re-arrangement of the wording of the present
section 14 in order to bring it into conformity with the amendments
made to section 3 by 1929, c. 34, s. 2, and with the exception of the part
relating to the magistrate's order, which has been omitted, makes no
change in the law.

Section 4. — (1). The amendment is for the purpose of bringing the
section into conformity with section 3 as amended in 1929.

161

interest secured by any instrument under the terms
of which the vendor retains the right to take posses-
sion of any chattel sold by him for default in payment
of any instalment of principal or interest, shall give
to the person in possession of the goods seized a
statement in writing signed by him of the demand
and of the costs charged in respect of the seizure
and subsequent proceedings.

c.^iio, s. 15, (-2) Subsection 5 of the said section 15 is repealed and the
repealed. following substituted therefor:

(3) An appeal may be made from such taxation to a

judge of the county or district court.

is Act shall come inl
it receives the Royal Assent.

ment"oTA^ct. ^- This Act shall come into force on the day upon which

161

(2). This provides for an appeal from the decision of ihe division
court clerk to a judge of the county or district court.

161

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No. 161

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Costs of Distress Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 161

1931

BILL

An Act to amend The Costs of Distress 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 Costs of Distress Act, 1931.

Rev. Stat.
c. 110,
ss. 5-13,
repealed.

2. Sections 5 to 13 inclusive of The Costs of Distress Act
are repealed.

3. Section 14 of The Costs of Distress Act is repealed and

Rev. Stat,

repealed'. ' the following substituted therefor:

Right of
action not
affected.

Rev. Stat,
c. 110, 8. 15,
subs. 1,
amended.

Furnishing
statement of
demand and
costs.

161

(2) Subsection 5 of the said section 15 is repealed and the c^^J'i 0^*^3*15
following substituted therefor: repealed.

(5) An appeal may be made from such taxation to a ^^^^ '
judge of the county or district court.

5. This Act shall come into force on the day upon which ment'"oTA^ct.
it receives the Royal Assent.

161

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No. 162

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Coroners Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 162

BILL

1931

An Act to nnicnd The CoroiKM's Act.

HIS MAJl'.hlA, by and with the advice and consent of
the Legislative Asseml)ly of the Province of Ontario,
enacts as follows:

Short title

1. This Act may be cited as 77/e Coroners Act, 1931.

c^T2:i!*^s.*'2, ^- Section 2 of The Coroners Act is amended by adding
amended. ' thereto the following subsectioH :

Supervising
coroner, —
appoint-
ment of.

(la) The Lieutenant-Governor in Council may appoint a
coroner who shall have jurisdiction throughout the
Province and shall act in an advisory capacity to
coroners generally and shall have such powers and
perform such duties with respect to the office of
coroner throughout the Province as the Lieutenant-
Governor in Council may prescribe.

Rev. Stat,
o. 123,
amended.

3. The Coroners Act is amended by adding thereto the
following section :

Travelling
expenses,
postage,
forms, etc.

4n. In addition to the fees provided for by this Act, all
reasonable and necessary travelling and other
expenses incurred by the coroner and the cost of
supplying the coroner's office with necessary postage,
forms and stationery, shall be payable by the
municipal corporation.

^^i^is^^k^'^e, 4:-— (1) Subsection 1 of section 6 of The Coroners Act is

amended. amended by striking out the words "the coroner" in the

eighth line and inserting in lieu thereof the words "a coroner."

(2) Subsection 4 of the said section 6 is amended by striking

Rev. Stat.
c. 123, s. 6,

ame^iided. out the words "an expert" in the second line and inserting in
lieu thereof the word "experts."

c^^i23^^s^*8, ^- Section 8 of The Coroners Act is repealed and the
repealled. following substituted thcrefor :

162

Explanatory Notes

Section 2. This provides for the appointment of a supervising coroner
with jurisdiction throughout the Province.

Section 3. There is no provision under the Act as it stands for postage,
telephone calls and incidentals. The suggested section provides for these
items and provides also for the supplymg of forms and other stationery
by the municipality. This is already the practice in some municipalities.

Section 4. — (1) Subsection 1 of section 6 now provides that information
shall be given to "the coroner" having jurisdiction in the place where the
body of the deceased person is. The amendment is to take care of the
situation in places where there may be more than one coroner having
jurisdiction.

(2) The present subsection 4 of section 6 provides that the coroner,
with the sanction of the Crown Attorney, may employ an expert to assist
him in the inquiry. In some cases it is found necessary to employ more
than one expert.

Section 5. This is intended to correct an error in the present section 8
where it speaks of a warrant to hold an inquest when it should be a warrant
to take charge of the body in cases where a death occurs in one municipality
while the cause of death was in another jurisdiction.

162

t^^events^ 8. Where the death is beheved to be the result of violence,

occurrrng misadventure or other matters occurring at a place

jurisdiction. beyond the jurisdiction of the coroner, he shall issue

his warrant to take possession of the body as provided
in section 6, and shall view the body and make such
further inquiry as may be required to satisfy himself
whether or not an inquest is necessary and if he
finds that an inquest is necessary he may, with the
consent of the Crown Attorney, issue the warrant
for the inquest returnable before the coroner having
jurisdiction at such place and the inquest shall be
conducted by such coroner as though the death had
taken place in his jurisdiction and he had issued
the warrant; but the coroner issuing the warrant
may take evidence to prove the fact of death, the
identity of the body and the post inortem examina-
tion of the body, and such evidence shall be trans-
mitted to and received by the coroner holding the
inquest as part of the proceedings before him.

0^^23^*8*10 ^- Section 10 of The Coroners Act is amended by striking
amended. qu^- ^-^g words "twenty cents" in the third line and inserting
in lieu thereof the words "fifteen cents."

Rev. Stat. 7. — (1) Subsection 1 of section 12 of The Coroners Act is

subs, i,' amended by inserting the words "aeroplane, motor vehicle"
ame e . ^f^gj- ^j^g word "embankment" in the fourth line, so that the
subsection will now read as follows:

Power of (\\ Where a coroner has ordered an inquest upon the

coroner to ^ ' i i i • i •

take charge body of a pcrsou who has met death by violence in

the wreck of a building, bridge, structure, embank-
ment, aeroplane, motor vehicle or railway train, the
coroner may take charge of all wreckage and place
a constable or constables in charge thereof so as to
prevent persons from disturbing such wreckage until
the jury at the inquest has viewed the same, or the
coroner, where there is no jury, has made such
examination as he deems necessary.

?'T23^*s*i2 (2) The said section 12 is amended by adding thereto the
amended. ' following subscction :

interfering (4) Where a death has occurred in the wreck of a building,

wreckage. bridge. Structure, embankment, aeroplane, motor

vehicle or railway train every person who, except for
the purpose of saving life or relieving human suffer-
ing, without authority from the coroner, interferes
with, destroys or carries away, or alters the position
of such wreckage or any part thereof, or anything in

162

Section 6. The amendment is in order to make the mileage rate uniform
throughout the Act. In the present section 10 the rate is 20 cts. per
mile while elsewhere it Is 15 cts.

Section 7. — (1) The amendment is intended to provide for taking
charge of the wreckage of "an aeroplane" or "motor vehicle" which are
not included in the present section, so that the evidence may be preserved
until the coroner has had an opportunity of inspecting the wreck.

(2) The subsection added is intended to penalize persons who, except
for the purpose of saving life or relieving human suffering, destroy the
evidence by interfering with, destroying or carrying away the wreckage.
This happened last year when persons made away with the evidence by
setting fire to an aeroplane which had crashed resulting in the death of
the pilot.

162

any way connected therewith, shall incur a penalty
of not less than $25 nor more than $100, and where
it appears that the offence was committed wilfully
and with the intention of making away with or
destroying evidence, the person committing such
offence shall be liable to imprisonment for a period
not exceeding six months.

0^^123^**^*' ^- -^^^^ Coroners Act is amended by adding thereto the

amended. following section :

Fggs for

special 16a. — (1) The coroner may grant to any person who

attends and gives evidence at his instance, such sum
in addition to ordinary witness fees as he may deem
reasonable and sufficient to compensate the witness
for preparing a plan, furnishing any article or doing
any work for use at the inquest, for his costs and
charges in preparing such plan, furnishing such
article or doing such work, and upon the fiat of the
Attorney-General may direct the payment of a
special fee to an expert witness.

How costs (2) Such costs and expenses or special fee shall be borne

borne and and paid in the same manner as the other expenses

^'^ ■ of holding an inquest.

^^23^*6*19 ^- — (1) Subsection 1 of section 19 of The Coroners Act is
^"'^^ iA^ amended by adding at the end thereof the words "in addition

amended. ...

to the medical practitioner making the post mortem examma-
tion," so that the subsection will now read as follows:

medical ^^^ T\\& coroner may issue his warrant for the attendance

attendant before him or at the inquest of the legally qualified

01 uGCORSGCl. 1" 1 • • *c 1 111

medical practitioner, it any, who attended the
deceased at his death, or during his last illness, or
of any other legally qualified medical practitioner,
in or near the place where the death occurred, but
he shall not without the consent of the Crown
Attorney, order the attendance of more than one
medical practitioner in addition to the medical
practitioner making the post mortem examination.

c^T23^*s.*i9, (2) Subsection 2 of the said section 19 is amended by

Impended Striking out the words "twenty cents" in the third line and

inserting in lieu thereof the words "fifteen cents."

^^123^*^*24 ^^' Subsection 1 of section 24 of The Coroners Act is
subs. j^J 'amended by striking out the words "ten cents" in the fifth

and sixth lines and inserting in lieu thereof the words "fifteen

cents."

162

amended.

Section 8. The section added is intended to give the coroner similar
powers to those which a judge now has in criminal cases of paying special
witness fees where plans of buildings, models or other similar matters
have been prepared for use at the inquest and also to enable him to direct
the payment of a special fee for expert testimony where the Attorney
Cieneral issues a fiat for that purpose.

Section 9. — (1) The present subsection 1 of section 19 gives the coroner
power to call before him or at the inquest the medical practitioner who
attended the deceased, or any other legally qualified medical practitioner
in or near the place where the death occurred. By the proposed amend-
ment he may, without the consent of the Crown Attorney, order the
attendance of a legally qualified medical practitioner in addition to the
medical practitioner making the post mortem examination.

(2) The amendment is to make uniform the mileage rate allowed in
the case of a medical witness.

Section 10. By the piesent subsection the mileage rate to jurors is
10 cents. The proposed change to 15 cents is in order to make the mileage
rate uniform throughout the Act.

162

Rev. Stat.
c. 123. s. 25,
amended.

11. Section 25 of The Coroners Act is amended by striking
out the words "in writing" in the third Hne, and by adding
at the end of the said section the words "but where the consent
of the Crown Attorney is given verbally he shall as soon as
convenient confirm the same in writing to the coroner," so
that the section will now read as follows:

Viewing
of body may
be dispensed
with.

25. It shall not be necessary for a jury to view the body
upon which an inquest is being held when the
coroner, with the consent of the Crown Attorney,
directs that the viewing of the body shall be dis-
pensed with but where the consent of the Crown
Attorney is given verbally he shall as soon as con-
venient confirm the same in writing to the coroner.

Rev. Stat., 12. The Coroners Act is amended by adding thereto the

ainended. following sectiou :

Seal not
necessary.

Rev. Stat.
C. 123,
sched. "A.
item d.
repealed.

Commence-
ment of Act.

48. In all proceedings under this Act it shall not be
necessary for any coroner or other person to attach
or affix any seal to any inquisition, document or
process, and no inquisition, document or process
shall be invalidated by reason of the lack of a seal
even though the inquisition, document or process
purports to be sealed.

13. Item d in schedule "A" to The Coroners Act is repealed
and the following substituted therefor:

{d) Necessary travel, per mile S .15

When by railway, per mile 10

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

162

Section 11. Under the present section 25 it is not necessary for a
jury to view the body when the coroner, with the consent in writing of the
Crown Attorney, directs that the viewing of the body is to be dispensed
with. The omission of the words "in writing" allows this consent to
be given by telephone and other more direct methods with provision for
later confirmation.

Section 12. This dispenses with the affixing of a seal to documents by
coroners.

Section 13. This decreases the mileage rate from 20 cents to 15 cents
in order to make the mileage rate uniform.

162

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No. 162

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Coroners Act.

Mr. Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 162

BILL

1931

An Act to amend The Coroners 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 Coroners Act, 1931.

^^J^gStat.^ 2. Section 2 of The Coroners Act is amended by adding
amended. ' thereto the following subsection:

Supervising
coroner, —
appoint-
ment of.

Rev. Stat,
c. 123,
amended.

3. The Coroners Act is amended by adding thereto the
following section:

Travelling
expenses,
postage,
forms, etc.

4a. In addition to the fees provided for by this Act, all
reasonable and necessary travelling and other
expenses incurred by the coroner and the cost of
supplying the coroner's office with necessary postage,
forms and stationery, shall be payable by the
municipal corporation.

c^Y23?*s^*6, ^' — (1) Subsection 1 of section 6 of The Coroners Act is

aniend^ed amended by striking out the words "the coroner" in the

eighth line and inserting in lieu thereof the words "a coroner."

c. 123, s. 6, (2) Subsection 4 of the said section 6 is amended by striking
anieiided. out the words "an expert" in the second line and inserting in
lieu thereof the word "experts."

Rev. Stat,
c. 123, s. i
repealled.

5. Section 8 of The Coroners Act is repealed and the
following substituted therefor:

162

8. Where the death is believed to be the result of violence, t^®ev*^ *t"®
misadventure or other matters occurring at a place occurn-ng
beyond the jurisdiction of the coroner, he shall issue jurisdiction.
his warrant to take possession of the body as provided
in section 6, and shall view the body and make such
further inquiry as may be required to satisfy himself
whether or not an inquest is necessary and if he
finds that an inquest is necessary he may, with the
consent of the Crown Attorney, at any time during
the course of the proceedings transfer the inquest
to the coroner having jurisdiction at such place
and the inquest shall be conducted by such coroner
as though the death had taken place in his jurisdic-
tion and he had issued the warrant; but the coroner
issuing the warrant may take evidence to prove the
fact of death, the identity of the body and the
post mortem examination of the body, and such
evidence shall be transmitted to and received by
the coroner holding the inquest as part of the
proceedings before him.

6. Section 10 of The Coroners Act is amended by striking Rev. stat.
out the words "twenty cents" in the third line and inserting amended,
in lieu thereof the words "fifteen cents."

7. — (1) Subsection 1 of section 12 of The Coroners Act is^®J'23^*s.*i2.
amended by inserting the words "aeroplane, motor vehicle, |^^^|^^^^
boat, machine, apparatus," after the word "embankment"
in the fourth line, so that the subsection will now read as
follows:

(1) Where a coroner has ordered an inquest upon the ^o° oner*to
body of a person who has met death by violence in of '^vvreckale
the wreck of a building, bridge, structure, embank-
ment, aeroplane, motor vehicle, boat, machine,
apparatus or railway train, the coroner may take
charge of all wreckage and place a constable or
constables in charge thereof so as to prevent persons
from disturbing such wreckage until the jury at the
inquest has viewed the same, or the coroner, where
there is no jury, has made such examination as he
deems necessary.

(2) The said section 12 is amended by adding thereto the p^^'i^s^^s.^ 12.

following subsection : amended.

(4) Where a death has occurred in the wreck of a building, ^iu^^®'^^'^*
bridge, structure, embankment, aeroplane, motor ^^'"^^^'^^se.
vehicle, boat, machine, apparatus or railway train
every person who, except for the purpose of saving
life or relieving human suffering, without authority

162

from the coroner, interferes with, destroys or carries
away, or alters the position of such wreckage or
any part thereof, or anything in any way connected
therewith, shall incur a penalty of not less than
S25 nor more than $100, and where it appears that
the offence was committed wilfully and with the
intention of making away with or destroying
evidence, the person committing such ofifence shall
be liable to imprisonment for a period not exceeding
six months.

^^^oo^*'^*- 8. The Coroners Act is amended by adding thereto the

c- 123, f ,, . . J b

amended. tollowmg section :

erfeciaf"^ ^^^- — (^) ^^^ coroucr may grant to any person who

services. attends and gives evidence at his instance, such sum

in addition to ordinary witness fees as he may deem
reasonable and sufficient to compensate the witness
for preparing a plan, furnishing any article or doing
any work for use at the inquest, for his costs and
charges in preparing such plan, furnishing such
article or doing such work, and upon the fiat of the
Attorney-General may direct the payment of a
special fee to an expert witness.

How costs (2) Such costs and expenses or special fee shall be borne

borne and and paid in the same manner as the other expenses

^^' ■ of fyDlding an inquest.

Rev Stat. 9. — (1) Subsection 1 of section 19 of The Coroners Act is

c. i^s, s. ly, . .

subs. 1, amended by adding at the end thereof the words "in addition

to the medical practitioner making the post mortem examina-
tion," so that the subsection will now read as follows:

medical ^^^ T\\& coroner may issue his warrant for the attendance

attendant before him or at the inquest of the legally qualified

medical practitioner, if any, who attended the
deceased at his death, or during his last illness, or
of any other legally qualified medical practitioner,
in or near the place where the death occurred, but
he shall not without the consent of the Crown
Attorney, order the attendance of more than one
medical practitioner in addition to the medical
practitioner making the post mortem examination.

0^^123^*8*19 (^) Subsection 2 of the said section 19 is amended by

subs. 2 striking out the words "twenty cents" in the third line and

inserting in lieu thereof the words "fifteen cents."

Re v^ Stat. ^^ 10. Subsection 1 of section 24 of The Coroners Act is
subs, i, 'amended by striking out the words "ten cents" in the fifth

and sixth lines and inserting in lieu thereof the words "fifteen

cents."

162

11. Section 25 of The Coroners Act is amended by striking ^^^^33^*^^*25
out the words "in writing" in the third Hne, and by adding amended,
at the end of the said section the words "but where the consent

of the Crown Attorney is given verbally he shall as soon as
convenient confirm the same in writing to the coroner," so
that the section will now read as follows :

25. It shall not be necessary for a jury to view the body viewing ^
upon which an inquest is being held when the be dispensed

... , , f^ • with.

coroner, with the consent ot the Crown Attorney,
directs that the viewing of the body shall be dis-
pensed with but where the consent of the Crown
Attorney is given verbally he shall as soon as con-
venient confirm the same in writing to the coroner.

12. The Coroners Act is amended by adding thereto theRev. stat.,

c 123
following section : amended.

46. In all proceedings under this Act it shall not be^®^J,g^°*y
necessary for any coroner or other person to attach
or affix any seal to any inquisition, document or
process, and no inquisition, document or process
shall be invalidated by reason of the lack of a seal
even though the inquisition, document or process
purports to be sealed.

13. Item d in schedule "A" to The Coroners Act is repealed ^^23^*^*'
and the following substituted therefor: ftem'^d, "^^ '

repealed.

{d) Necessary travel, per mile $ -15

When by railway, per mile 10

14. This Act shall come into force on the day upon which Sen t^oTAct.
it receives the Royal Assent.

162

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No. 163

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Security Frauds Prevention Act, 1930

Mr. Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 163 1931

BILL

An Act to amend The Security Frauds
Prevention Act, 1930.

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 Security Frauds Prevention

Act, 1931.

1930, c. 39, 2. — (1) Section 2 of The Security Frauds Prevention Act is
amended. amended by adding thereto the following clause:

"Board." ^^^^ "Board" shall mean such board, commission or

body of persons, or such person as may be appointed
or designated by the Lieutenant-Governor in Council
to administer this Act.

1930, c. 39, (2) The clause lettered e in the said section 2 is repealed
repeaft^® ®' and the following substituted therefor :

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

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

3. The Security Frauds Prevention Act is further amended
ime°ud*^ed^^' by adding thereto the following section to precede Part I :

"Board."

2a. — (1) The Lieutenant-Governor in Council from time
to time, by regulation or otherwise may

(a) appoint, establish or designate any board,
commission or body of persons or any person
as a Board to administer this Act ;

(6) provide for the appointment of the members,
officers and employees of the Board ;

163

Explanatory Notes

Section 2. — (1) "Board" is defined, enabling the administration of
the Act to be assigned to any person, or to any commission now in existence
or to be formed.

(2) "Registrar" is redefined to harmonize with the other amendments.

Section 3. A new section is added enabling a new Board to be appointed
or an existing Board to be designated to administer the Act. The Lieu-
tenant-Governor in Council is clothed with other appropriate powers.
The Board is enabled to review all registrations.

163

(d) approve the salaries of such members, officers
and employees as fixed by the Board.

„ (2) The Board shall have and assume all powers con-

To assume ^ '' ,« ^ ,ii-ia

duties on ferred upon the Attorney General by the said Act,

tion, and regulations, which shall thereafter be read

accordingly, mutatis mutandis, and the Board shall

assume and continue the entire administration of

the said Act and all proceedings pending thereunder

on a day to be named by the Lieutenant-Governor

by his proclamation, whereupon all registrations

shall be reduced to temporary registrations and

subject to review by the Board.

Court

(3) Where the Board is a Court of record or is a member

action in of another Board which is a court of record, pro-

name of f • o J J

Attorney- ccedings under subsection 4 of section 8 and under

section 12 shall be instituted in the name of the
Attorney General.

Expenses. ^^^ jj^ ^^^^ absence of an\ special appropriation of the

Legislature available for the purposes of this Act all
moneys necessary to meet the salaries and expenses
necessarily incurred in the administration of this
Act shall be paid out of the Consolidated Revenue
Fund.

s. 3, 'subs. 'i. 4. — (1) Clause b of subsection 1 of section 3 of The Security
amended. Frauds Prevention Act is amended by adding at the end
thereof the word "or".

1930, 0. 39, (2) Section 3 of The Security Frauds Prevention Act is
amended. amended by adding thereto the following subsection:

offldais (3) No person who becomes a member or official of a

approved. partnership or an official of a company, after the

partnership or company has been registered under
subsection 2 shall trade in securities as such until the
partnership or company has received from the
Registrar written permission for such person so to
trade.

s.®i4,'s''ubs^'i. 5. Subsection 1 of section 14 of The Security Frauds

amended. 'Prevention Act is amended by striking out the words "and

the broker shall be guilty of an offence" in the last two lines.

1930, 0. 39, 6. Section 15 of The Security Frauds Prevention Act is
^mikded. amended by adding thereto the following subsections :

163

Should the Board designated be one that is a court of record under
any other statute it would not do to have it apply for an injunction to
another court, so in such a case the application is to be made in the name
of the Attorney General. The same applies to the initiation of bank-
ruptcy proceedings, etc.

Provision is here made for payment of the expenses of the Board.

Section 4. This amendment is to clarify section 3 of the Act, owing
to difficulties encountered in a recent prosecution.

Section 5. These words are already impliedly repealed by section 231.\
of The Criminal Code.

Section 6. This amendment is to make it clear that brokers must
obtain specific contracts from their customers before making use of their
stock, and enables the Board to control contracts which are unreasonable.

163

Contracts
on con-
firmations
void.

Contracts
with

customers
to be in
writing.

(2) No conditions of trading or form of contract inserted
in written confirmations of transactions shall be
binding upon any customer.

(3) No contract between a broker and his customer
relating to the rights of a broker in respect of any
security,

(a) deposited by the customer for safekeeping, or

(b) deposited by the customer as collateral to
secure his account, or

shall be binding upon the customer.

unless it is in writing and signed by the
customer, or

May be
declared
unreason-
able by
Board.

(ii) in respect of any right thereby conferred
upon the broker, where the Board by notice
in writing to every stock exchange operating
in Ontario has declared such right to be
unreasonable.

1930, c. 39,
6. 25,
repealed.

7. Section 25 of The Security Frauds Prevention Act is
repealed and the following substituted therefor:

Change of
accounting
system or
business
connection.

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 system of book or record keeping or
the course or method of handling securities, borrow-
ing moneys or generally conducting business, in any
manner or to alter or dispense with any financial
arrangement or business association or affiliation,
direct or indirect, of which the executive committee
disapproves, and to comply with any recommenda-
tion made by the exchange auditor and any require-
ment of such executive committee.

1930, c. 3^,
6. 31,
amended.

8. Section 31 of The Security Frauds Prevention Act is
amended by inserting at the commencement thereof the
following words "The Board, subject to the approval of."

163

Section 7. This amendment is made to give the exchanges greater power
over their members by enabling the exchanges to control business methods
and associations. The portions added are underlined.

Section 8 enables the Board to make its own regulations, subject
to the approval of the Lieutenant-Governor in Council.

163

8.^32," subs^ 4. ^- Subsection 4 of section 32 of The Security Frauds
amended. Prevention Act is amended by adding thereto the following

words "or of the Crown Attorney of the County or District

in which the ofifence took place."

1930, c.
s. 36,
repealed

39,

10. Section 36 of The Security Frauds Prevention Act is
repealed and the following substituted therefor:

Expenses.
Rev. Stat.,
c. 25.

36. Section 17 of The Audit Act shall apply mutatis
mutandis as if the provisions thereof, except the
references to the Deputy Attorney General were
enacted in and formed part of this Act.

Commence-
ment of Act.

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

163

Section 9. This enables the Crown Attorney as well as the Board to
authorize a prosecution under the Act, and is intended to save time where
salesmen are operating without registration.

Section 10. This is a redraft of the previous section made applicable
to the administration by the Board.

Section 11. Commencement of Act.

163

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No. 163

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Security Frauds Prevention Act, 1930

Mr. Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 163 1931

BILL

An Act to amend The Security Frauds
Prevention Act, 1930.

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 Security Frauds Prevention
Act, 1931.

1930, c. 39. 2. — (1) Section 2 of The Security Frauds Prevention Act is
amended. amended by adding thereto the following clause:

^^^ ' (aa) "Board" shall mean such board, commission or

body of persons, or such person as may be appointed
or designated by the Lieutenant-Governor in Council
to administer this Act.

1930, c. 39, (2) The clause lettered e in the said section 2 is repealed
repealed'.''^ ^' and the following substituted therefor :

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

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

3. The Security Frauds Prevention Act is further amended
amend°ed. ' by adding thereto the following section to precede Part I:

"Board."

2a. — (1) The Lieutenant-Governor in Council from time
to time, by regulation or otherwise may

(a) appoint, establish or designate any board,
commission or body of persons or any person
as a Board to administer this Act;

(b) provide for the appointment of the members,
officers and employees of the Board ;

163

(d) approve the salaries of such members, officers
and employees as fixed by the Board.

(2) The Board shall have and assume all powers con-r^,

. ^ lo assume

lerred upon the Attorney General by the said Act, duties on

and regulations, which shall thereafter be read tion.

accordingly, mutatis mutandis, and the Board shall

assume and continue the entire administration of

the said Act and all proceedings pending thereunder

on a day to be named by the Lieutenant-Governor

by his proclamation, whereupon all registrations

shall be reduced to temporary registrations and

subject to review by the Board.

(3) Where the Board is a Court of record or is a member court
of another Board which is a court of record, pro- nanie^Jf
ceedings under subsection 4 of section 8 and under Attorney-
section 12 shall be instituted in the name of the
Attorney General.

(4) In the absence of any special appropriation of the ^^P^^ses.
Legislature available for the purposes of this Act all
moneys necessary to meet the salaries and expenses
necessarily incurred in the administration of this

Act shall be paid out of the Consolidated Revenue
Fund.

1930 c. 39

4. — (1) Clause b of subsection 1 of section 3 of The Security s. 3, 'subs, 'i,
Frauds Prevention Act is amended by adding at the end amended,
thereof the word "or".

(2) Section 3 of The Security Frauds Prevention Act is i^^o, c. 39.
amended by adding thereto the following subsection: amended.

Ngw

(3) No person who becomes a member or official of a officials
partnership or an official of a company, after the approved,
partnership or company has been registered under
subsection 2 shall trade in securities as such until the
partnership or company has received from the
Registrar written permission for such person so to
trade.

5. Subsection 1 of section 14 of The Security Frauds l^ i^' subs.' i.
Prevention Act is amended by striking out the words "and^'"^"'^^'*-
the broker shall be guilty of an offence" in the last two lines.

6. Section 15 of The Security Frauds Prevention Act is i930. c. 39.
amended by adding thereto the following subsection: amended.

163

Terms of
contracts
may be
declared
unreason-
able.

(2) No term in a contract between a broker who acts
as an agent and any customer relating to any right
of the broker in respect of any security shall be
binding upon the customer where the Board by
notice in writing sent by registered mail to the
broker and to every stock exchange operating in
Ontario has declared such right to be unreasonable.

1930, c. 39.

S. 25,
repealed.

7. Section 25 of The Security Frauds Prevention Act is
repealed and the following substituted therefor:

Change of
accounting
system or
business
connection.

1930. c. 39. g_ Section 31 of The Security Frauds Prevention Act is
amended. amended by inserting at the commencement thereof the
following words "The Board, subject to the approval of."

1930, c. 39,
s. 32, subs. 4,
amended.

9. Subsection 4 of section 32 of The Security Frauds
Prevention Act is amended by adding thereto the following
words "or of the Crown Attorney of the County or District
in which the offence took place."

1930, c. 39, jQ Section 36 of The Security Frauds Prevention Act is
repealed. repealed and the following substituted therefor:

Expenses.
Rev. Stat.,
c. 25.

36. Section 17 of The Audit Act shall apply mutatis
mutandis as if the provisions thereof, except the
references to the Deputy Attorney General were
enacted in and formed part of this Act.

ment"o^f^A^c't. ^l* '^his Act shall come into force on a day to be named
by the Lieutenant-Governor by his Proclamation.

163

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No. 164

2m) Session, 18tii Legislatukk, Ontario
21 George V, 1931

BILL

An Act to amend The Children's Protection Act.

Mr. Martin (Brantford)

TORONTO

Printkd by Herbert H. Hm.l
Printkr to the King's Most Excellent Majesty

Xo. 164

1931

BILL

All Act to amend The Children's Protection Act.

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

Short title.

liev. .Slat.
C 279, S. 1,
clause e.
repealed .

1. This Act may be cited as The Children's Protection
Amendment Act, 1931.

2.— (1) Clause e of section 1 of The Children's Protection Act
is repealed and the following substituted therefor:

"iViini«tei." {c) "Minister" shall mean the member of the Executive

Council charged for the time being with the adminis-
tration of this Act.

Rev. Stat.
c. 279, s. ],
clause /,
repealed.

"Muniei-
pality."

Kev. Stat,
c. 279, s. :
amended.

Mode of
incorpora-
tion and
model con-
stitution,

(2) Clause /of said section 1 is repealed and the following
substituted therefor:

(/) "Municipality" shall mean a county, city or separated
town, except that in a territorial district it shall
mean a city, town, village or township.

3. Section 32 of The Children's Protection Act is amended by
adding thereto the following subsection :

(2) The Lieutenant-Governor in Council may make
regulations respecting the mode of incorporation of
children's aid societies and the fees, if any, to be paid
on incorporation, and may for such societies prescribe
a model or standard form of constitution and b^'-laws
with power to approve any variations therefrom as
the circumstances applicable in respect to any such
societv mav seem to warrant.

Commence-
ment of Act.

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

164

Explanatory Notes

Section 2. Definitions of Minister and Municipality altered to conform
with standard practice adopted in institutional legislation at this Session.

Section 3. This amendment is to simplify and standardize incorpora-
tion of Children's Aid Societies.

164

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No. 164

2nd Session, IStii Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Children's Protection Act.

Mr. Martin (Brantford)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 164

1931

BILL

An Act to amend The Children's Protection 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 Children's Protection
Amendment Act, 1931.

Rev. Stat.
c. 279, s. 1,

repealed. is repealed and the following substituted therefor:

2. — (1) Clause e of section 1 of The Children's Protection Act

•Minister." (e) "Minister" shall mean the member of the Executive

Council charged for the time being with the adminis-
tration of this Act.

(2) Clause / of said section 1 is repealed and the following

Rev. Stat.
c. 279, s. 1,

clause / substituted therefor :

repealed.

"Munici-
pality."

(/) "Municipality" shall mean a county, city or separated
town, except that in a territorial district it shall
mean a city, town, village or township.

c^^279^*s*'32 *^" Section 32 of The Children's Protection Act is amended by
amended. ' adding thereto the following subsection:

Alode of
incorpora-
tion and
model con-
stitution,
etc.

Commence-
ment of Act.

(2) The Lieutenant-Governor in Council may make
regulations respecting the mode of incorporation of
children's aid societies and the fees, if any, to be paid
on incorporation, and may for such societies prescribe
a model or standard form of constitution and by-laws
with power to approve any variations therefrom as
the circumstances applicable in respect to any such
society may seem to warrant.

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

164

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No. 165

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The District Houses of Refuge Act.

Mr. Martin (Brantford)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 165

1931

BILL

An Act to amend The District Houses of Refuge 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 j|-,;g ja^^^ j^^y |jg cited as The District Houses of Refuge
Amendment Act, 193 L

Rev. Stat.
c. 349, s. 4,
amended.

2. Section 4 of The District Houses of Refuge Act is amended
by striking out the words "Provincial Secretary" in the second
line and inserting in lieu thereof the words "Minister of Public
Welfare."

Rev. Stat.
c. 349,
amended.

3. Wherever in The District Houses of Refuge Act reference
is made to the inspector or inspectors of prisons and public
charities the said Act shall be construed and deemed to refer
to an inspector appointed under The Department of Public
Welfare Act, 1931.

c^^349^*s*'i3 4. Section 13 of the said Act is amended by striking out
amended. ^-j^g words ''The Hospitals and Charitable Institutions Act''

and inserting in lieu thereof the words ''The Charitable

Institutions Act, 1931."

Rev. Stat.
c. 349,
amended.

5. The District Houses of Refuge Art is amended by adding
thereto the following section :

Liability
for indigent
inmates
from muni-
cipalities
in other
districts.

13a. — (1) Where an inmate in a district house of refuge
was at the time of his admission a resident in a muni-
cipality in a territorial district other than the one
for which the house of refuge is established, such
municipality shall if the inmate is an indigent person
be liable to pay to the board for the maintenance of
such inmate at the rate of ninety cents per day for
every day in which he is an inmate in the house of
refuge.

165

Explanatory Notes

Sections 2, 3 and 4. These amendments are necessary by reason of the
transfer of administration over District Houses of Refuge from the Pro-
vincial Secretary to the Minister of Public Welfare.

Section 5. The object of this amendment is to protect a territorial
district which has established a House of Refuge against the expense of
maintaining indigent inmates who reside in outside municipalities.

165

^^sident*" (2) For the purposes of this section an inmate shall be

deemed to be a resident in a municipality if he actually
resided therein for three months out of the five
months next preceding admission to the house of
refuge.

ment"of^Act. 6. This Act shall come into force on the day upon which
it receives the Royal Assent.

165

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No. 165

2nd Session, 18tii Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The District Houses of Refuge Act.

]Mr. Martin (Brantford)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 165

1931

BILL

An Act to amend The District Houses of Refuge 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 jj^ig j^^^ ^^^ j^g ^,j^.g^j .^g j-y^g District Houses of Refuge
Amendment Act, 1931.

c!^^349^*s.*'4, ^- Section 4 of The District Houses of Refuge Act is amended
amended. by striking out the words "Provincial Secretary" in the second

line and inserting in lieu thereof the words "Minister of Public

Welfare."

Rev. Stat.
c. 349,
amended.

Rev. Stat.
c. 349, s. 13,
amended.

4. Section 13 of the said Act is amended by striking out
the words ''The Hospitals and Charitable Institutions Act'^
and inserting in lieu thereof the words ''The Charitable
Institutions Act, 1931.''

Rev. Stat.
c. 349,
amended.

5. The District Houses of Refuge Act is amended by adding
thereto the following section :

Liability
for indigent
inmates
from muni-
cipalities
in other
districts.

165

(2) For the purposes of this section an inmate shall be ^'^L®'"^!.'^*' <.°m
1 II '1 • • • I- •/•! II Resident,

deemed to be a resident m a mumcipahty it he actually

resided therein for three months out of the five

months next preceding admission to the house of

refuge.

6. This Act shall come into force on the day upon which ment^oTAct.
it receives the Royal Assent.

165

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No. 166

2nd Session, ISth Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Industrial Schools Act.

Mr. Martin (Brantford)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 166

1931

BILL

An Act to amend The Industrial Schools 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 Industrial Schools Act,
1931.

Rev. Stat..
c. .S29, s. 1,
cl. f,
repealed.

"Minister.

2. — (1) The clause lettered/ in section 1 of The Industrial
Schools Act is repealed and the following substituted therefor:

(/) "Minister" shall mean that member of the Executive
Council to whom for the time being the adminis-
tration of this Act is assigned.

Rev. Stat.,
c. 329, s. 1,
amended.

(2) The said section 1 is further amended by adding thereto
the following clauses:

"Regu-
lations.

"Advisory
Board."

{i) "Regulations" shall mean regulations made by the
Lieutenant-Governor in Council under the authority
of this Act;

{j) "Advisory Board" shall mean The Industrial Schools
Advisory Board appointed under this Act.

Rev. Stat.,
c. 329, s. 2,
subs. 2,
repealed.

3. Subsection 2 of section 2 of The Industrial Schools Act is
repealed and the following substituted therefor:

(2) (a) An industrial school shall not be erected or
acquired until the site and plans of the buildings have
been approved in writing by the Minister, and no
change in the site and no sale or disposal of any
portion thereof, and no structural alteration in the
building shall be made until the like approval has
been given.

{h) The Board shall submit all rules, regulations and
policies of training to the Minister for approval.

166

Explanatory Notes

Section 2. — (1) In the present section "Minister" is interpreted to
mean "The Provincial Secretary of Ontario or other member of the
Executive Council charged by the Lieutenant-Governor in Council with
the administration of this Act."

(2) Interpretation of "regulations" and "Advisory Board."

Section 3. The present Act {jermits a society to erect a school and pass
laws before seeking the approval of the Minister. The intention of the
change is to control the tyj^e of construction and also to determine the
rules, regulations, policies and method of instruction.

166

Rev. Stat.,
c. 329, s. i:;
repealed.

4. Section 12 of The Industrial Schools Act is repealed and
the following substituted therefor:

Children
committed
to industrial
school may
be sent to
training
school.

12. Whenever a child may be sent to an industrial school
such child may, with the approval of the Minister,
be sent to a training school established under The
Ontario Training Schools Act, 1931.

Rev. Stat.,
0. 329, s. 13,
repealed.

Rev. Stat.,
c. 329, s. 14,
amended.

5. Section 13 of The Industrial Schools Act is repealed.

6. Section 14 of The Industrial Schools Act is amended by
striking out the word "inspector" in the first line and inserting
in lieu thereof the words "Advisory Board," so that the section
will now read as follows:

Religious
per.suasion of
offenders.

14. The judge or Advisory Board shall endeavour to
ascertain the religious persuasion to which the child
belongs, and shall as far as practicable send a Roman
Catholic child to a Roman Catholic industrial school
and a child of any other religious persuasion to a
school established by and with the sanction of a
board of public school trustees.

^®3^29^g^V7, '^ • Subsection 1 of section 17 of The Industrial Schools Act
aniended ^^ amended by striking out the words "or inspector" in the
first line and inserting in lieu thereof the words "or Minister,"
so that the subsection will now read as follows:

Particulars
to be set out
in order.

(1) The judge or Minister shall in his order designate the
school to which the child is to be sent and the person
in whose custody he is to be conveyed to the school,
and shall where practicable state the name, age and
parentage of the child, his religious persuasion and
the municipality liable for his maintenance.

Rev. Stat.,
c. 329, s. 18,
repealed.

8. Section 18 of The Industrial Schools Act is repealed and
the following substituted therefor:

18. The judge shall deliver to the person having the
execution of the order the depositions taken by him
or a certified copy thereof which depositions or copy
shall be delivered to the general superintendent or
oflficer receiving the child into the industrial school,
which depositions shall be placed at the disposal of
the Advisory Board.

f.729^i^.\'9, 9.— (1) Subsections 1 and
repealed."' Schools Act are repealed.

2 of section 19 of The Industrial

166

Sfction 4. The present section provifies that wherever a child may he
sent to an industrial school he may be sent to any other institution approved
by the Lieutenant-Governor in Council under the provisions of The Bovs'
IVe.'fare Home and School Act. This Act is being repealed and The Ontario
Training Schools Art, /'>.»/. will lake its place.

Section 5. The section repealed provides that the inspector may direct
that a child who has been placed in a foster home be sent to an industrial
school. The authority of the inspector is transferred to the Minister.

Section 6. This substitutes "Advisory Board" for "inspector."

Section 7. This substitutes "Minister" for "inspector."

Section 8. One of the duties of the Advisory Board will be to determine
what school is suitable for the child. It will be necessary for it to have at
its disposal copies of the commitment orders and depositions so that it
may determine what shall be the DvoDf-r Ttiethod (if treating the delinf]ucnt
child.

Section 9. — (1) The subsection (1) repealed provides that within three
years from the date of the order the child shall be given into the custody
of his parents, apprenticed or placed in a foster home. Subsection [2)
provides for the return of the child to the industrial sch(K)l if the inspector
deems the return in the interest of the child.

166

r'^^^G^s^^ig ^^^ Subsection 3 of the said section 19 is amended by
.subs. 3. strikinjj^ out the word "inspector" in the fourth Hne and insert-

amended. . . ,. , r , , ,, , • M 1 1 1

ing in heu thereoi the word regulations, so that the sub-
section will now read as follows:

Supervision

after leaving
sch(jol.

(3) An industrial school board shall exercise and maintain
supervision over every child committed to its
guardianship after leaving the school, and shalt keep
such records and provide for such visits as may be
prescribed by the regulations.

Rev. Stat.,
c. 329. s. 20,
amended.

lO. Section 20 of The Industrial Schools Act is amended by
adding at the end thereof the words "or until the Advisory
Board otherw i?e provides that the guardianship of the industrial
school shall cease and determine," so that the section will now
read as follows;

Persons
eonmiitti d
to remain
under

{rur.rdianship
until 2J
year.s old.

20. Subject to tiic i>ro\i.-ions of section 22 every child
committed to an industrial school shall remain under
the guardianship of the industrial school board, and
it shall possess and exercise all the rights and powers
of a i)arent in regard to such child until he shall
attain the age of twenty-one years or until the
ad^'isory board otherwise provides that the guardian-
ship of the industrial school shall cease and determine.

Rev. Stat.,
c. 329, s. 21,
repealed.

Rev. Stat.,
c. 329, s. 22,
repealed.

11. Section 21 of The Industrial Schools Act is repealed.

12. Section 22 of The Industrial Schools Act is repealed and
the following substituted therefor:

22. The Minister may, at any time, order that a child be
transferred from one industrial school to another or
to any school approved of under The Ontario Training
Schools Act, 1931, or to any foster home, or may
order that a child be discharged from an industrial
school either absolutely or on such conditions as he
may think fit and the child shall be transferred or
discharged accordingly; or may direct that a child
who has been placed in a foster home under the pro-
visions of The Children s Protection Act, or who has
been placed in a training school under the provisions
of The Ontario Training Schools Act, 1931, shall be
sent to an industrial school.

o! 3^29^8^*24, 13- Section 24 of The Industrial Schools Act is repealed and
repealed. ^]^^ following substituted therefor:

Children
placed out
to i-emain
under
control of
advisory
board.

24. The Advisory Board may permit a child sent to the
industrial school to live at a foster home or at the
dwelling of any trustworthy and respectable person

166

Section 9.-12) This authority, previously vested in the inspector, is
transferred to the Minister who may make regulations with the approval
of the Lieutenant-(iovernor in Council.

Section 10. Previously there uas no pt(nision tor the return of the
child to his parents or guardians before the age of twenty-one years. The
amendment makes it possible for the Minister, upon the recommendation
of the Advisory Board, to terminate the guardianship of the industrial
school.

Section 11. The section repealed sets out the duties of the inspector.
The duties defined in this section are included in the duties of the Advisory
Board as contained in the new section 37 provided for in section 17 of the
Bill.

Section 12. The new section is changed in order to mak it concur
with the new Traininfi Schools Act and to transfer to the Minister the
responsibility previously given to the inspector under section 13 of the
Act (repealed by section 5 of the Bill) and to widen the Minister's powers.

Section 13. The new section substitutes "Advisory Board" for
"industrial school board" and provides that the local superintendent of
the Children's Aid Society shall approve of the foster home or dwelling.

166

approved of by the local superintendent of the
Children's Aid Society, but the control of the in-
dustrial school board shall not thereby be abated or
diminished nor the liability of any municipality for
the maintenance of such child altered except as
directed by the Advisory Board.

c^ 329^8^ 25 ^'^- Section 25 of l^he Industrial Schools Act is amended by
amended. striking out the words "industrial school board" in the second

line and inserting in lieu thereof the words "Advisory Board,"

so that the section will now read as follows:

be'deemed 25. If the child leaves the person with whom he is placed

schooT ^"^^"^ without the permission of the Advisory Board, or

refuses to return to the school he shall be deemed to

have escaped from the school.

c^1/29^s'!27, 1^- Section 27 of The Industrial Schools Act is repealed and
repealed. ' the following substituted therefor :

^^'""^''"" 27. Where the maintenance of a child is not otherwise

fully provided for, the municipality in which the
child resided for a period of three months within the
five months next prior to his admission to the school,
shall pay the sum of fifty cents per day towards the
expense of maintenance.

c^s^i^o^w^HO 1^- Section 30 of The Industrial Schools Act is amended by
amended. striking out the word "inspector" in the fourth line and

inserting in lieu thereof the word "Minister," so that the

section will now read as follows:

Ls'^Board. ^^- Every industrial school board may make rules for the

management and discipline of the industrial school
established by it, but such rules shall not take effect
until approved in writing by the Minister.

? 8^29^*'^* ' l*^- ^^^ Industrial Schools Act is amended by adding
amended. thereto the following sections:

Board'!''^' 35.— (1) For the purpose of this Act there shall be

established an advisory board of three members
which shall be known as The Industrial Schools
Advisory Board.

ment.'"*" (2) The members of the Advisory Board shall be ap-

pointed by the Lieutenant-Governor in Council with
the powers and for the purposes herein prescribed.

of^offlce. (3) The members shall be appointed for a period of two

vears.

166

Section 14. As all paroles will rest with the Advisory Hoard the
termination of parole should also rest with that body.

Section 15. It is sometimes difficult to determine the municipality in
which a delinquent child has resided for one year previous to being sen-
tenced. The proposed section brings this Act in line with the residence
sections in all other Acts and will assist in determining the child's domicile.

Section 16. The amendment brings this section in line with clause ih)
of subsection 2 of section 2 provided for in section 3 of the Bill.

Section 17. The new section 35 provides for the appointment of the
Advisory Board, section 36 provides for the making of regulations by the
said Board, section 37 sets out the duties of the Board and section 38
provides for a proper system of accounting and records.

166

SeTa^y.' (4) The Lieutenant-Govemor in Council may. from time

to time, appoint one of the members of the Advisory
Board to be the chairman thereof and another mem-
ber of the Board to be the secretary thereof,

appointed: (5) Members of the Advisor>- Board shall he eliijible for

reappointment.

fo'^e'^pSs. (6) The members of the Advisory Board shall serve

without remuneration except that the Lieutenant-
Governor in Council may fix a per diem allowance to
be payable to each member for attendance at the
meetings of the Board and every member shall be
entitled to his reasonable and necessary travelling
expenses as certified by the chairman for attendance
at such meetings and in the transaction of the
business of the Board.

Regulations. :?/: /i \ c- i • i , - , t •

viO. — (1) Subject to the <ii)pr()\al ol the Lieutenant-
Governor in Council, the Advisory Board may make
regulations, —

(a) defining the duties, powers and responsibilities
of the Advisory Board ;

(h) defining the type of courses, \ocational,
academic and ph\sical. to be provided by the
industrial schools and setting the standard for
instruction.

of Advisoiv 37. — (1) It shall be the dutv of the Advisorv Board, —

Board.

(a) to receive a copy of the commitment order of
every child sent to an industrial school ;

(b) to obtain a report of his previous record,

previous social history, school standing,
mental intelligence, physical condition and
religious denomination;

which the child is to be placed for training
after commitment and the type of instruction
suited to the mental intelligence of the child;

(d) to make recommendations pertaining to his
parole and define the conditions under which
he may receive parole;

166

(e) to give the child over to the custody of his or
her parents, or apprentice or place out in a
foster home as soon as practicable after com-
mitment, or cause the child to be returned to
the school if deemed necessary.

by c'min?ii^ ^^- ^^^ Lieutenant-Governor in Council upon the recom-

mendation of the Minister, may make such regu-
lations in respect to industrial schools as may .be
deemed necessary for, —

(a) the records, books, accounting systems, audits,
reports and returns to be made and kept by
industrial schools.

(b) the better carrying out of the provisions of this

Act.

ment'of'Act. ^^- ^^^^ ^^^ ^hall come into force on the day upon which
it receives the Royal Assent.

166

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No. 166

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Industrial Schools Act.

Mr. Martin (Brantford)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

Kliort title.

No. 166 1931

BILL

An Act to amend The Industrial Schools 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 Industrial Schools Act,
1931.

•f^-\i<f^^\' ^- — (^) ^^^ clause lettered / in section 1 of The Industrial
'•• f. ' ' Schools Art is repealed and the following: substituted therefor:

leppaleti. "

' -^^""^'''' ' (/) "Minister" shall mean that member of the Executive

Council to whom for the time being the adminis-
tration of this Act is assigned.

(\1{2"9^s^*i; (2) The said section 1 is further amended by adding thereto
iiinetidod. the following clauses:

hukms"" (0 "Regulations" shall mean regulations made by the

Lieutenant-Governor in Council under the authority
of this Act;

kutuw'^^^ 0') "Advisory Board" shall mean The Industrial Schools

Advisory Board appointed under this Act.

<^1?29'^r! 2; *^- Subsection 2 of section 2 of The Industrial Schools Act is
repealed repealed and the following substituted therefor:

{b) The Board shall submit all rules, regulations and
policies of training to the Minister for approval.

166

4. Station 12 ol I he Iiuinstruil Schools Act is repealed and ^.'\j\„r"^''.:,
the following substituted therefor: repealed.

12. Whenever a child may be sent to an iiuhisLrial school ,^j|j,'J[||j't',^.^,
such child may, with the ai)proval of the Minister, *'V"''"'''^''iai

, . . , , 1 i. , ' Kchool may

be sent to a trammg school established under 77?e Resent to
Ontario Training Schools Act, 1931. s.-h-.i ^

5. Section 13 of The Industrial Schools Act is repealed. ^}%i^^'^\:y

repealed.

6. Section 14 of The Industrial Schools Act is amended by ^^%^,„^*'."V'i
stnkmgout the word mspector in the first line and inserting !i'»cnded.
in lieu thereof the words "Advisory Board," so that the section

will now read as follows:

14. The judge or Advisory Board shall endeavour to ^e^rHuasion of
ascertain the religious persuasion to which the child offenders,
belongs, and shall as far as practicable send a Roman
Catholic child to a Roman Catholic industrial school
and a child of any other religious persuasion to a
school established by and with the sanction of a
board of public school trustees.

7. Subsection 1 of section 17 of The Industrial Schools Act^^^.^.i^^^^^^.^
is amended by striking out the words "or inspector" in the^^'^^^^j;^^^'^
first line and inserting in lieu thereof the words "or Minister,"

so that the subsection will now read as follows:

(1) The judge or Minister shall in his order designate the fo 'be set 'out
school to which the child is to be sent and the person '" "I'^er.
in whose custody he is to be conveyed to the school,
and shall where practicable state the name, age and
parentage of the child, his religious persuasion and
the municipality liable for his maintenance.

8. Section 18 of The Industrial Schools Act is repealed and ^^ 3'^-9^^j^\^
the following substituted therefor: repealed. '

18. The judge shall deliver to the person having the
execution of the order the depositions taken by him
or a certified copy thereof which depositions or copy
shall be delivered to the general superintendent or
officer receiving the child into the industrial school,
which depositions shall be placed at the disposal of
the Advisory Board.

9. — (1) Subsections 1 and 2 of section 19 of The Industrial c.^:v29. ^. \b.
Schools Act are repealed. repealed. ""

166

J^ 3^29^1^*19, (2) Subsection 3 of the said section 19 is amended by
amended striking out the word "inspector" in the fourth Hne and insert-
ing in lieu thereof the word "regulations," so that the sub-
section will now read as follows:

Supervision
after leaving
school.

Rev. Stat.,
c. 329, s. 20,
amended.

(3) An industrial school board shall exercise and maintain
supervision over every child committed to its
guardianship after leaving the school, and shall keep
such records and provide for such visits as may be
prescribed by the regulations.

10. Section 20 of The Industrial Schools Act is amended by
adding at the end thereof the words "or until the Advisory
Board otherwise provides that the guardianship of the industrial
school shall cease and determine," so that the section will now
read as follows:

Persons
committed
to remain
under

guardianship
until 21
years old.

20. Subject to the provisions of section 22 every child
committed to an industrial school shall remain under
the guardianship of the industrial school board, and
it shall possess and exercise all the rights and powers
of a parent in regard to such child until he shall
attain the age of twenty-one years or until the
advisory board otherwise provides that the guardian-
ship of the industrial school .shall cease and determine.

11. Section 21 of The Industrial Schools Act is repealed.

Rev. Stat.,
c. 329, s. 21,
repealed.

?32'9^s^22 ^^' Section 22 of The Industrial Schools Act is repealed and
repealed. ' the following substituted therefor:

22. The Minister may, at any time, order that a child be
transferred from one industrial school to another or
to any school approved of under The Ontario Training
Schools Act, 1931, or to any foster home, or may
order that a child be discharged from an industrial
school either absolutely or on such conditions as he
may think fit and the child shall be transferred or
discharged accordingly; or may direct that a child
who has been placed in a foster home under the pro-
visions of The Children's Protection Act, or who has
been placed in a training school under the provisions
of The Ontario Training Schools Act, 1931, shall be
sent to an industrial school.

Rev. Stat.,
c. 329, s. 24,
repealed.

Children
placed out
to remain
under
control of
advisory
board. I

13. Section 24 of The Industrial Schools Act is repealed and
the following substituted therefor:

24. The Advisory Board may permit a child sent to the
industrial school to live at a foster home or at the
dwelling of any trustworthy and respectable person

166

approved of by the local superintendent of the
Children's Aid Society, but the control of the in-
dustrial school board shall not thereby be abateci or
diminished nor the liability of any municipality for
the maintenance of such child altered except as
directed by the Advisory Board.

14. Section 25 of The Industrial Schools Act is amended by ^".V^.^s' 25
striking out the words "industrial school board" in the second '^'"ended.
line and inserting in lieu thereof the words "Advisory Board,"

so that the section will now read as follows:

25. If the child leaves the person with whom he is placed iVe "deemed
without the permission of the Advisory Board, or ^^.j^'^^f/''^'"
refuses to return to the school he shall be deemed to
have escaped from the school.

15. Section 27 of The Industrial Schools Act is repealed and ^^^^9^*^ 27.
the following substituted therefor: repealed.

Mciinten-
aiiee.

27. — (1) Where the maintenance of a child is not otherwise
fully provided for, the municipality in which the
child resided for a period of three months within the
five months next prior to his admission to the school,
shall pay the sum of fifty cents per day towards the
expense of maintenance.

(2) Upon payment by a municipality to an industrial
school of any account for maintenance of a boy or
girl by reason of such boy or girl having been assumed
to be a resident in such municipality, and it being
ascertained that such boy or girl was not resident
therein at the time of commitment to the industrial
school was a resident in another municipality in
Ontario, the municipality which made such payment
may recover the amount thereto as a debt from the
municipality in which such boy or girl was resident.

16. Section 30 of The Industrial Schools Act is amended by ^^^^g^g'' ho,
striking out the word "inspector" in the fourth line and ''^"^^'"'^®*^-
inserting in lieu thereof the word "Minister," so that the

section will now read as follows:

30. Every industrial school board may make rules for the i.s. Board,
management and discipline of the industrial school
established by it, but such rules shall not take effect
until approved in writing by the Minister.

17. The Industrial Schools Act is ameivL^'l l,^• adding ^^ag^'^'-
thereto the following sections: amended.

166

Advisory
Board.

Appoint-
ment.

Term
of office.

35. — (1) For the purpose of this Act there shall be
established an advisory board of three members
which shall be known as The Industrial Schools
Advisory Board.

(2) The members of the Advisory Board shall be ap-
pointed by the Lieutenant-Governor in Council with
the powers and for the purposes herein prescribed.

(3) The members shall be appointed for a period of two
years.

Chairman,
Secretary.

(4) The Lieutenant-Governor in Council may, from time
to time, appoint one of the members of the Advisory
Board to be the chairman thereof and another mem-
ber of the Board to be the secretary thereof.

May be re-
appointed.

(5) Members of the Advisory Board shall be eligible for
reappointment.

Allowances
for expenses.

(6) The members of the Advisory Board shall serve
without remuneration except that the Lieutenant-
Governor in Council may fix a per diem allowance to
be payable to each member for attendance at the
meetings of the Board and every member shall be
entitled to his reasonable and necessary travelling
expenses as certified by the chairman for attendance
at such meetings and in the transaction of the
business of the Board.

Regulations.

36. — Subject to the approval of. the Lieutenant-
Governor in Council, the Advisory Board may make
regulations, —

Duties

of Advisory

Board.

(a) defining the duties, powers and responsibilities
of the Advisory Board;

(b) defining the type of courses, vocational,

academic and physical, to be provided by the
industrial schools and setting the standard for
instruction.

37. — It shall be the duty of the Advisory Board, —

(a) to receive a copy of the commitment order of
every child sent to an industrial school ;

(b) to obtain a report of his previous record,
previous social history, school standing.

166

mental intelligence, physical condition and
religious denomination;

which the child is to be placed for training
after commitment and the type of instruction
suited to the mental intelligence of the child;

(d) to make recommendations pertaining to his
parole and define the conditions under which
he may receive parole;

(e) to give the child over to the custody of his or

her parents, or apprentice or place out in a
foster home as soon as practicable after com-
mitment, or cause the child to be returned to
the school if deemed necessary.

38. The Lieutenant-Governor in Council upon the recom- Regulations
mendation of the Minister, may make such regu-
lations in respect to industrial schools as may be
deemed necessary for, —

(a) the records, books, accounting systems, audits,
reports and returns to be made and kept by
industrial schools.

(b) the better carrying out of the provisions of this
Act.

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

, ^ , . -^ ' ment of Act.

it receives the Koyal Assent.

166

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No. 167

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Houses of Refuge Act.

Mr. Martin (Brantford)

TORONTO
Printed by Herbert H. Ball

I'KINTKR TO THE KiNG's MoST EXCELLENT ^JAJ^:STY

No. 167 1931

BILL

An Act to amend The Houses of Refuge 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 -fhig ^ct may be cited as The Houses of Refuge Amend-
ment Act, 1931.

'^^^ii'^'^^' 2. Wherever in The Houses of Refuge Act reference is made

amended. ^q ^^1-,^ inspector or inspectors of prisons and public charities

the said Act shall be construed and be deemed to refer to an

inspector appointed under The Department of Public Welfare

Act, 1931.

^^348^-'-*i7 ^' •^^'^tion 17 of The Houses of Refuge Act is amended by
amended. ' striking out the words "Provincial Secretary" in the fourth

and fifth lines and inserting in lieu thereof the words "Minister

of Public Welfare."

ment"oTAct "^^ ^^^^ ^^t shall come into force on the day upon which it
receives the Ro\'al Assent.

167

Explanatory Note

The amendments contained in this Bill are necessary by reason of the
transfer of administration over Houses of Refuge from the Provincial
Secretary to the Minister of Public Welfare.

167

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No. 167

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Houses of Refuge Act.

Mr. Martin (Brantford)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent M.\jesty

No. 167 1931

BILL

All Act to amend The Houses of Refucie Art.

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

Short title. ^ fhis Act may be cited as The Houses of Refuge Amend-
ment Act, 1931.

?'^348^*^*'' ^- Wherever in The Houses of Refuge Act reference is made

amended. |(^ ^Yi^ inspector or inspectors of prisons and public charities

the said Act shall be construed and be deemed to refer to an

inspector appointed under 77/6' Department of Public Welfare

Act, 1931.

Rev. Stat. 3. Section 17 of The Houses of Refuge Act is amended by

amended', 'striking out the words 'Trovirjcial Secretary" in the fourth

and fifth lines and inserting in lieu thereof the words "Minister

of Public Welfare."

•Commence- 4, This Act shall come, into force on the day upon which it

ment of Act. . . t-. 1 *

receives the Royal Assent,

167

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No. 168

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Sanatoria for Consumptives.

Mr. Robb

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 168

BILL

1931

An Act respecting- Sanatoria for Consinnj^tives.

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

PART I.

INTERPRETATION, ETC.

Short title. 1, This Act may be cited as The Sanatoria for Consumptives
Act, 1931.

Interpreta-
tion.

"Associa-
tion."

'Boa I'd."

'Depen-
dant."

{c)

"Depart-
ment."

id)

"Inspector."

(e)

' 'Minister."

if)

"Munici-
pality."

"Patient."

2. In this Act,—

(a) "Association" shall mean and include any associa-
tion, body or organization howsoever incorporated,
authorized or empowered for the purpose of estab-
lishing, maintaining or operating a sanatorium;

ib) "Board" shall mean a board of trustees, directors,
commission or other governing body or authority
of a sanatorium ;

"Dependant" shall mean and include a patient for
the charges for whose treatment some other person
is liable in law;

id) "Department" shall mean the Department of
Health for Ontario;

"Inspector" shall mean an officer of the Department
designated under this Act as an inspector;

"Minister" shall mean the member of the Executive
Council charged for the time being with the
administration of this Act;

(g) "Municipality" shall mean a city, separated town
or county, except that in a territorial district it
shall mean a city, town, village or township;

(h) "Patient" shall mean a person admitted to a sana-
torium for the purpose of treatment;

168

Explanatory Notes

General Note. — With the general transfer of hospitals and sanatoria to
the Ministry of Health and to bring into effect some systematic and uniform
control over sanatoria for consumptives, it is desirable to revise the present
Act (R.S.O. 1927, chapter 337) in the same way as is being done in respect
to public hospitals, and comparison of this Bill with Bill No. 114 (Public
Hospitals) will disclose that so far as applicable or comparable the scheme
adopted is the same.

Section 2. Contains interpretation clauses which are sufficiently self-
explanatory. Attention is directed to the fact that these definitions corre-
spond with those in Bill No. 1 14.

168

"Preven-
torium."

"Provincial
aid."

"Regula-
tions."

"Resident."

"Sana-
torium."

"Superin-
tendent."

"Territorial

district."

"Treat-
ment."

"Unorgan-
ized
territory."

(i) "Preventorium" shall mean a sanatorium for
treatment of patients who may not be infected with
tuberculosis but who are suspected as being infected
with or are considered likely to become infected with
tuberculosis or who has been exposed to infection
from tuberculosis;

(j) "Provincial aid" shall mean aid granted to a sana-
torium out of moneys appropriated for the purpose
by the Legislature;

(k) "Regulations" shall mean regulations made under
this Act;

(/) "Resident" shall mean a person who has actually
resided in a municipality for the period of three
months within the five months next prior to ad-
mission to a sanatorium;

(m) "Sanatorium" shall mean and include any sana-
torium, preventorium, institution, building or other
premises or place, howsoever created, established or
incorporated for the treatment of patients;

(w) "Superintendent" shall mean the person who has
for the time being the direct and actual superin-
tendence and charge of a sanatorium ;

(o) "Territorial district" shall mean any of the terri-
torial districts set forth in The Territorial Division
Act;

(P) "Treatment" shall mean and include the stay,
maintenance, observation, care, nursing and treat-
ment, preventive or otherwise, of a patient who is
infected or suspected of being infected or who is
considered likely to become infected with tuber-
culosis, or who has been exposed to infection from
tuberculosis.

(q) "Unorganized territory" shall mean that part of a
territorial district which is without municipal
organization.

Sanatoria
aided in
1930
approved.

PART II.

DEPARTMENTAL CONTROL.

3. — (1) The several institutions with their respective
properties and appurtenances which under The Sanatoria for
Consumptives Act received aid for the year 1930 from the
Province of Ontario shall for the purposes of this Act be
deemed to be sanatoria, as if the same has been approved
under this Act.

168

Sections 3 to 7. Correspond with sections in Bill No. 1 14 to give adequate
departmental control and to provide for regulations so that gradually a
uniform system may be evolved.

168

New

sanatoria
to be
approved.

(2) No institution, building or other premises or place
shall hereafter be created, established, incorporated, operated
or used as a sanatorium until the same has been approved by
the Lieutenant-Governor in Council.

Suspension (3) Any approval given or deemed to have been given under
revocation^ this Act in respect of any sanatorium may be suspended by

the Minister or revoked by the Lieutenant-Governor in

Council.

of approval.

Regulations 4. Xhe Lieut,enant-Governor in Council, upon the recom-
sanatoria. mendation of the Minister, may make such regulations with
respect to sanatoria as may be deemed necessary for, —

Creation,
construc-
tion, etc.

(a) their creation, establishment, construction, altera-
tion, equipment, maintenance and repair;

Classifica-
tion, etc.

(b) their classification, grades and standards;

Inspection,
operation,

pto.

(d) their inspectors, superintendents, staffs, officers,
servants and employees and the powers and duties
thereof ;

Patients,
etc.

(e) the admission, treatment, conduct and discharge of
patients;

Rates, etc.

(/) the classification, length of stay, rates and charges
of and for patients;

Accounting,
etc.

(g) the records, books, accounting system, reports and
returns to be made and kept by sanatoria;

Provincial
aid.

(/?) the distribution, payment, withholding and restora-
tion of and other matters affecting provincial aid ; and

Cieneral.

(i) all other matters affecting sanatoria.

S-^Act!^"'^"* 3- It shall be the duty of the Department and it shall
have power to administer and enforce the provisions of this
Act, and the regulations. And the Department may, from
time to time, declare all or any of the regulations to be in
force with respect to all sanatoria or any specified sanatorium
or sanatoria for such time or times as the Department may
deem expedient.

Inspectors.

6. The Minister, with the approval of the Lieutenant-
Governor in Council may designate one or more officers of

168

the Department to be inspectors for the purposes of this
Act and the regulations, and the powers and duties of such
inspectors shall be prescribed by the regulations.

Powers of
sanatorium.

7. Every sanatorium approved or deemed to be approved
under this Act may be carried on under the powers and
authorities conferred by any general or special Act under
which it was created, established, incorporated or empowered,
but where the provisions of any general or special Act hereto-
fore passed conflict with the provisions of this Act or the
regulations the provisions of this Act and the regulations
shall prevail.

PART III.

MUNICl 1\'\L S.'\N ATORIA.

Establish-
ment of
municipal
sanatorium.

8. Subject to the provisions of this Act, any municipal
corporation, including a county, or, jointly, any two or
more such municipal corporations, may establish a sanatorium,
and may for that purpose acquire land and erect and equip
buildings thereon and do such other things as may be neces-
sary or incidental to the establishment, completion, main-
tenance and operation of a sanatorium, and the carrying out
of the provisions of this Act and the regulations.

9. When two or more municipal corporations propose

Provisional
agreement . .

for joint jomtly to establish a sanatorium the councils of such corpora-
sanatorium. . , ,, .... .

tions shall provisionally agree upon the proposal, respecting

the same.

Submission
of proposals
to Depart-
ment.

10. Any municipal corporation or corporations which
propose to establish a sanatorium shall submit the proposals
to the Department and therewith shall also submit such
provisional by-laws, agreements, plans, estimates and other
material and information as may be required by the regu-
lations.

Site in
another
munici-
pality.

11. If the site for a proposed sanatorium is situate else-
where in Ontario than in the municipality or in one of the
municipalities, the corporation of which is proposing or is a
party to proposing its establishment, the Department shall,
upon the proposals being submitted to it, notify in writing
the head of the municipality in which the site is situate of
the proposals made, and the council of such municipality,
shall within one month after receipt of such notice, state in
writing to the Department, the objections, if any, to which
it may have to the establishment of a sanatorium on such
site, but no such objection shall necessarily prevent approval
being given hereunder.

168

Sections 8 to 20. These sections correspond very largely with sections
2 to 13 of the present Act respecting the establishment of Municipal
Sanatoria with only some amendments or variations as are deemed desir-
able to clarify and improve procedure for establishment.

Attention is directed to sections 13 and 16 which specify that the
original undertaking and any subsequent improvements of a Sanatorium
which involves debenture issues must be assented to by the electors, except
in the case of a county sanatorium in respect to which section 14 the assent
of the electors is dispensed with if the project receives a two-thirds vote
of the entire county council. This provision is the same as that of The
Highway Improvement Act respecting county roads systems.

168

o?deiMn- ^^ 12. The Minister shall submit the proposals, with any
councii. report thereon which he may see fit to make, to the Lieu-
tenant-Governor in Council, and upon the same being
approved, either as submitted or as modified or altered in
any way by the Lieutenant-Governor in Council, such
approval shall, subject as hereinafter provided, be sufficient
authority for the municipal corporation or corporations to
establish a sanatorium in accordance therewith.

jP^jpcedure 13. When by approval of the Lieutenant-Governor in

lishment. Council a municipal corporation is, or, jointly, two or more
by-laws, etc. • • i ' • .1 • i , ,• ,

municipal corporations are authorized to establish a sana-
torium, the council or councils of such corporation or corpora-
tions, as the case may be, may with the assent of the electors
of such municipality or municipalities qualified to vote on
money by-laws, pass all by-laws necessary to establish, erect,
complete and equip the sanatorium and to issue debentures
to pay for the cost thereof and where, jointly, two or more
municipal corporations are establishing the sanatorium to
enter into an agreement respecting the same according to
form approved by the Lieutenant-Governor in Council.

County
sanatorium.

14. Where the municipal corporation authorized by the
approval of the Lieutenant-Gevernor in Council, either
alone or jointly with another municipal corporation, to
establish a sanatorium is a county, it shall not be necessary
that any by-laws passed by the council of such county,
under section 13, shall be assented to by the electors qualified
to vote on money by-laws if such by-laws are passed with
the vote of two-thirds of all the members of the county
council.

? Ys 3^*10 ' 1^' Subject as otherwise herein provided, the provisions
apply.' of The Municipal Act shall apply to all by-laws passed and

to all debentures issued by a municipal corporation under

this Act.

Improve-
ments for
sanatorium.

16. When it is proposed by a municipal corporation, which
has or by two or more municipal corporations which, jointly,
have established a sanatorium, to make any extensions,
additions, or structural alterations or improvements to such
sanatorium, or to erect any new buildings in connection
therewith, the powers and proceedings with respect to such
proposals and obtaining approval thereof, and to the passing
of by-laws, issue of debentures and entering into of agree-
ments, shall be the same as for the establishment of a sana-
torium.

Board of
manage-
ment.

17. When a municipal corporation has, or, jointly, two
or more municipal corporations have established a sanatorium
the management and control over the same, and its erection,

168

Trustees.

equipment, maintenance, operation, use and affairs generally
shall be vested in a board composed of not less than five
trustees to be appointed by by-law of the establishing muni-
cipal corporation or in case of the establishment of a sana-
torium, jointly, by two or more municipal corporations, in
accordance with the provisions of the agreement entered into
respecting the same.

18. The qualifications of the trustees forming the board,
their term of office, which shall not exceed five years, the
quorum of their meetings and the manner of appointment of
successors and of filling vacancies in the office of trustees
shall be provided for in such by-law or agreement; and the
trustees appointed shall hold office until their successors are
appointed.

Corporate
body.

19. The Board of trustees of a sanatorium shall be a
corporation under such name as may be designated in the
approval given by the Lieutenant-Governor in Council for
its establishment.

Chairman.

20. The board shall of its members elect yearly one of
them to be its chairman to hold office for one year, or until
his successor is appointed; and a vice-chairman may also be
similarly elected.

Agreements
with associa-
tions.

21. With the approval of the Lieutenant-Governor in
Council, an association which has authority to establish,
maintain and operate a sanatorium may enter into an agree-
ment with one or more municipal corporations, including a
county or counties, respecting the establishment of such
sanatorium or with respect to providing in whole or in part
the cost of erecting, equipping, improving, enlarging, extend-
ing or altering a sanatorium established by the association,
but no by-law of a municipal corporation for the purpose of
providing any such cost, by the issue of debentures or other-
wise, shall be passed otherwise than in accordance with the
provisions of sections 13 or 14 in respect to by-laws passed
thereunder.

PART V.

ALL SANATORIA

^^pp^i^cation 22. The provisions of this Part shall apply to all sanatoria
whether established by municipal corporations or associations.

Powers of
Board.

23. Subject as in this Act and the regulations provided,
or in any agreement entered into under the provisions of
this Act stipulated, it shall be the duty of the board of a
sanatorium, and it shall have power to govern, manage and

168

Section 21. Is somewhat similar to section 21 of the present Act,
except that it is specifically stated that debenture issues must be authorized
by the electors.

Part V of the Act contains provisions many of which are in the same
form as in Bill No. 114.

168

control its affairs, and its maintenance, operations and use,
and the admission, treatment, conduct, discipline and dis-
charge of patients therein, and for such purposes the board
may pass by-laws, rules and regulations, but no such by-law,
rule or regulation shall have force or effect until the same is
approved by the Lieutenant-Governor in council.

m'^nt '"/staff ^^- Subject to the regulations, the board may appoint
such superintendents, officers, staffs, employees, and servants
of a sanatorium as from time to time may be necessary and
fix their salaries and prescribe their powers and duties.

Powers of
expropria-
tion.

Rev. Stat,
c. 233.

25. With the approval of the Lieutenant-Governor in
Council, the board may pass by-laws for expropriating any
land adjacent to or in the vicinity of a sanatorium, which
may be deemed requisite for or advantageous to its purposes,
and in that behalf may exercise the powers of expropriation
conferred on a municipality under The Municipal Act, the
provisions of which relating thereto shall, mutatis mutandis,
apply to and govern the exercise of such powers so far as the
same are applicable or necessary thereto, and the superin-
tendent in such case shall exercise the powers and perform
the duties which under the said Act are to be exercised and
performed by the clerk of the municipality; provided, how-
ever, that the board of a sanatorium which has been estab-
lished by a municipal corporation or corporations, shall not
exercise any such power of expropriation without the consent
first obtained of the council or councils of such corporation
or corporations.

Exemption
from

taxation.

26. The real property acquired and used for the purpose
of and in connection with a sanatorium shall be exempt from
all municipal or other taxation, including taxation for school
purposes, except and excluding however, any municipal tax
or rate imposed in respect to any public utility supplied to a
sanatorium.

Sale, etc.,
to be
approved.

27. No part of any property acquired or used for the
purposes of a sanatorium shall be sold, leased, mortgaged, or
otherwise disposed of without the approval of the Lieutenant-
Governor in Council.

Protection
from
adverse
expropria-
tion.

28. No part of any property acquired or used for the
purposes of a sanatorium shall be expropriated by any
corporation or person having powers of expropriation under
any Act, without the approval of the Lieutenant-Governor
in Council.

hfg^hwir ^° 2^- Nothing in sections 27 and 28 contained, shall apply

widening. ^q qj- prevent the sale, disposition or expropriation of any

part of the property acquired or used for the purposes of a

168

Section 26. Is to grant tax exemption to Sanatoria. This is necessary
as The Assessment Act is silent thereon. See section 19 of present Act.

Sections 27 and 28. Are new and are designed to insure continuance of
Sanatoria when once established and to prevent their disintegration by
sale, expropriation, etc. A saving clause as to lands being taken for
highway widening is to be found in section 29.

168

sanatorium if the same is required in the widening of any
highway, if the Minister has first approved thereof.

Donations.

30. The board may accept from any person donations of
property, real or personal, and whether by will or otherwise,
for the endowment, use or benefit of a sanatorium and
subject to the terms of the donation may apply the same
for such purposes.

Approval
for closing
sanatorium.

31. No sanatorium which has been approved and estab-
lished may permanently be closed without the approval of the
Lieutenant-Governor in Council, and when any sanatorium
is closed or proposed to be closed permanently, the Lieu-
tenant-Governor in Council may make such provision for the
sale or other disposition of the sanatorium and all the prop-
erties and assets thereof, and for the application of any
proceeds of such sale or disposition and otherwise in every
respect, as he may deem proper.

Medical

students'

clinics.

32. Subject to the provisions of any existing agreement
relating thereto, every sanatorium receiving provincial aid
shall provide such reasonable facilities for giving instructions
to medical students of any university as may be required
by the regulations.

Sanatorium
to admit
patients.

33. Except as may otherwise be provided in this Act,
no sanatorium receiving provincial aid shall refuse to admit as
a patient any person who is in need of treatment.

Admissions
to preven-
torium.

34. A preventorium, however, shall not be required to
admit as a patient any person who is actually infected with
tuberculosis.

Admissions
to associa-
tion sana-
torium.

35. Except as may otherwise be provided in this Act or
in the agreement, no sanatorium established by an association
which has entered into an agreement with a municipal cor-
poration under this Act shall refuse to admit as a patient any
indigent person or dependant of an indigent person resident
in such municipality and requiring treatment.

Refusal of 36. Nothing in this Act contained shall require that any

communic- . , . . . ^ .. .

able disease sanatonum admit or retam as a patient any person suifermg
from a communicable disease which under The Public Health
Act or regulations made hereunder requires quarantine and
placarding.

Refusal of
non-
residents.

37. Nothing in this Act contained shall unless by refusal
of admission, life would thereby be endangered, require that
any sanatorium admit as a patient any person who is not a
resident or a dependant of a resident in Ontario.

168

PART \T.

MUNICIPAL LIABILITY.

Municipal
liability for
indigent
patients.

38. — (1) Subject as in this Act may otherwise be provided,
when any patient in a sanatorium is an indigent person or a
dependant of an indigent person, that municipality in which
such person was a resident at the time of admission shall be
liable to the sanatorium for payment of the charges for
treatment of such patient at a rate not exceeding $1.50 per
day.

Relief of
certain
munici-
palities.

(2) Where in the opinion of the Minister liability under
this section would in any year unduly burden any muni-
cipality in a territorial district, other than a city, the Lieu-
tenant-Governor in Council upon the recommendation of the
Minister may make special grants by way of provincial aid
to relieve in whole or in part such municipality from the
burden.

nor^-'^'*^ ^°' 3^- ^ municipality may pay to a sanatorium the charges for
ma'^l^e*^ treatment of a patient notwithstanding that such patient
assumed. was not a resident in such municipality at the time of ad-
mission to such sanatorium.

Burial
expenses.

40. — (1) In the event of the death in a sanatorium of
any patient who is an indigent person or a dependant of an
indigent person, that municipality in which such indigent
person was a resident at the time of admission shall pay to
the sanatorium any expenses of burial which it may incur,
but not exceeding $30.

Contribu-
tion to Last
Post Fund.

(2) If such deceased patient was a member of His Majesty's
military or naval forces in active service during the Great
War, 1914-1918, and the burial was provided by and paid
for from the Last Post Fund, the said municipality shall pay
the expenses of such burial, but not exceeding the sum of
$30 to the Last Post Fund upon proof of such burial and
demand for payment made by a properly accredited officer
of the said fund.

Notice of
admission
to munici-
pality.

41. LTpon admission or after admissiofi to a sanatorium
of any patient who is or is represented to be or becomes an
indigent person or the dependant of an indigent person, the
superintendent shall by registered letter notify the clerk of
the municipality in which such indigent person is or is repre-
sented to be a resident, of such admission, giving such par-
ticulars as may be ascertainable to enable the clerk to identify
the indigent person.

168

Part V'l. Contains provisions as to municipal liability for indigents, the
present per diem rate of $1.50 not being disturbed and the residence rule
of three months out of five now being made applicable beyond doubt, in
reference to Sanatoria.

The provisions as to notices, payment, recourse, etc., are as in Bill
No. 114.

168

Notice

disputing

liability.

42. Unless the clerk of a municipality within fifteen days
after the date of mailing any such notice to him, shall by
registered letter notify the superintendent from whom such
notice was received that the patient referred to therein was
not a resident in the municipality at the time of admission
as a patient or is not an indigent person or a dependant of
an indigent person, such municipality shall be liable for the
charges for treatment of such patient as provided in this Act.

Information
to be
furnished.

43. The clerk of a municipality when notifying a superin-
tendent that a patient is not a resident in the municipality or
is not an indigent person or a dependant of an indigent
person, shall furnish such information as he may have ascer-
tained with respect to such patient.

Cases where
residence
not
presumed.

Persons
seeking
medical aid.

Health
seekers in
the districts.

Pupils.

Institu-
tional
inmates.

44. For the purpose of this Act, no patient shall be deemed
to be a resident in a municipality, —

(a) by reason of having gone to the municipality for the
purpose of seeking medical advice or treatment or
seeking admission or treatment in a sanatorium in
such municipality; or

(b) if the municipality is in a territorial district, and
such patient being infected or likely or suspected of
being infected with tuberculosis has gone to such
municipality principally for the purpose of health
and within one year after going to such munici-
pality is admitted a patient in a sanatorium; but
in such cases the patient shall for the purpose of this
Act be deemed to be a resident in that municipality
in which he was a resident at the time of going to a
municipality in a territorial district; or

(c) if such patient has been living in the municipality
by reason of being a pupil in any school, college,
university, or other seminary of learning therein
and at the time he became such a pupil was not a
resident therein; but in such cases the patient shall
for the purposes of this Act, be deemed to be a
resident in that municipality in which he was a
resident at the time he became such a pupil ; or

(d) by reason of having been a patient or an inmate of
a hospital, sanatorium, house of refuge, orphanage,
children's shelter or child welfare institution, gaol,
reformatory, prison or other public institution in the
municipality and otherwise was not a resident
therein; but in such cases the patient shall for the
purposes of this Act be deemed to be a resident in
that municipality in which he was a resident at the
time he became such an inmate or patient.

168

County's
right to
contribu-
tion.

' 45. The corporation of a county shall have the right
to recover not exceeding one-half of the charges paid by it in
respect to treatment, in a sanatorium of any patient, for which
it is liable under this Act from the corporation of the township,
town or village forming a part of the county in which such
patient was a resident at the time of admission.

Residence of
dependant.

46. A dependant of an indigent person shall for the purposes
of this Act be deemed to be a resident in that municipality
in which such indigent person is resident.

Statement.s
of account
to be
rendered.

47. When under this Act the charges for treatment of
any patient or for burial expenses of a deceased patient are
payable by a municipality the sanatorium to which such
patient was admitted shall from time to time render to the
clerk of the municipality statements of account of any such
charges with full particulars thereof and if the amount of any
such account is not paid within a reasonable time after th€
same has been rendered it may be recovered as a debt in any
court of competent jurisdiction.

Munlcipt:
recourse
against
patient.

48. Upon payment by a municipality of any account
rendered to it by a sanatorium for treatment of a patient or
on payment by it of any expenses of burial of a deceased
patient, such municipality may recover from the patient, or,
in the event of his decease, from his estate or personal repre-
sentatives, or, in the case of a dependant, from any person
liable in law, in respect to such dependant, the amount of
the payment so made, and the same may be recovered as a
debt in any court of competent jurisdiction.

Municipal
recourse
against
proper muni
cipality.

49. Upon payment by a municipality to a sanatorium of
any account for treatment of a patient or upon payment of
any expense of burial of a deceased patient by reason of such
patient having been assumed to be a resident in such munici-
pality and it being ascertained that such patient was not a
resident therein but at the time of admission to the sana-
torium was a resident in another municipality in Ontario, the
municipality which made the said payment may recover the
amount thereof as a debt from the municipality in which such
patient was a resident and upon payment by that munici-
pality it shall be entitled to exercise the rights of recovery
conferred under section 48.

Workmen's
Compensa-
tion Board
cases.

50. Nothing in this Act contained shall render a munici-
pality liable for payment of the charges for treatment of a
patient where such charges are payable by the Workmen's
Compensation Board or an employer under The Workmen' s
Compensation Act.

168

12
PART VII.

PROVINCIAL AID,

Provincial 51. — (1) Subject to the provisions of this Act and of the

regulations, provincial aid shall be distributed and may be
paid out of any moneys appropriated for such purpose by
the Legislature, —

mdUent rate ^^-^ ^^^ treatment of every patient who is an indigent

of aid. person or the dependant of an indigent person,

at the rate of seventy-five cents per day for every

day that such patient is receiving treatment in a

sanatorium;

rate o1-"aid ^^^ ^^^ treatment of every patient who is an indigent

for unorgan- person or the dependant of an indigent person and

territory. who has actually resided in unorganized territory

for the period of three months within the five months
next prior to admission to a sanatorium at the rate
of $2.25 per day for every day that such patient
is receiving treatment in the sanatorium.

(2) In calculating the amount of provincial aid the day of
departure of a patient shall not be included.

limitation
as to

(3) Except as otherwise provided in this Act, no provincial
subject^ aid shall be granted to any sanatorium in respect of a patient
of aid. therein, if the charges received by the sanatorium in respect

to such patient exceed $1.50 per day from all sources other

than provincial aid.

a^°orovaT^*'^ ^^" ^° provincial aid shall be granted to any sanatorium
revoked, etc. the approval of which has been revoked or suspended, or to any

sanatorium which does not comply with the provisions of this

Act, and the regulations.

Restoration 53. When from any cause provincial aid to any sana-

of Provincial . -^ ^ rii

aid. tormm has not been granted or the grant thereof has been

withdrawn or withheld, the Lieutenant-Governor in Council
may upon the recommendation of the Minister direct that
such aid be granted or restored in whole or in part, but not
until the approval of such sanatorium has been revived or
until compliance with the provisions of this Act or the
regulations is made, as the case may be.

168

Part VII. Continues provincial aid at the present rate of seventy-five
cents per day for unlimited days' stay, and the contribution of $2.25 per
day for indigent patients for unorganized territory is also put beyond
doubt.

168

PART VIII.

GENERAL.

Penalty. 54. Any person who contravenes or is a party to the con-

travention, dh'ectly or indirectly, of any provision of this Act
or the regulations shall incur a penalty of not less than $5

Rev. Stat., and not exceeding $500 recoverable under The Summary
Convictions Act.

c. 121.

Repeal. 55 ffjg Sanatoria for Consumptives Act, being chapter 357

of the Revised Statutes of 1927, is repealed.

Commence- 56. This Act shall come into force on the 1st day of

ment of Act. .^ , ..^-,.,

October, 1931.

168

^ i

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crq

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CAv

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r

No. 168

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Sanatoria for Consumptives.

Mr. Robb

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 168

BILL

1931

An Act respecting Sanatoria for Consumptives.

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

PART I.

Short title.

Interpreta-
tion.

"Associa-
tion."

'Board."

'Depen-
dant."

"Depart-
ment."

"Inspector.

"Minister."

"Munici-
pality."

"Patient.

INTERPRETATION, ETC.

1. This Act may be cited as The Sanatoria for Consumptives
Act, 1931.

2. In this Act, —

{h) "Board" shall mean a board of trustees, directors,
commission or other governing body or authority
of a sanatorium;

{d) "Department" shall
Health for Ontario;

mean the Department of

{e) "Inspector" shall mean an officer of the Department
designated under this Act as an inspector;

(/) "Minister" shall mean the member of the Executive
Council charged for the time being with the
administration of this Act;

(g) "Municipality" shall mean a city, separated town
or county, except that in a territorial district it
shall mean a city, town, village or township;

{h) "Patient" shall mean a person admitted to a sana-
torium for the purpose of treatment ;

168

(i) "Preventorium" shall mean a sanatorium forl'^reven-
treatment of patients who may not be infected with
tuberculosis but who are suspected as being infected
with or are considered likely to become infected with
tuberculosis or who has been exposed to infection
from tuberculosis;

(J) "Provincial aid" shall mean aid granted to a sana- "P''?/^'^°iai
torium out of moneys appropriated for the purpose
by the Legislature;

(k) "Regulations" shall mean regulations made under j.'j^®|V.^^'
this Act;

(/) "Resident" shall mean a person who has actually "^®^'^®'^*"
resided in a municipality for the period of three
months within the five months next prior to ad-
mission to a sanatorium;

(w) "Sanatorium" shall mean and include any sana- "Sana- ^^
torium, preventorium, institution, building or other
premises or place, howsoever created, established or
incorporated for the treatment of patients;

(w) "Superintendent" shall mean the person who has "Superin-
for the time being the direct and actual superin-
tendence and charge of a sanatorium;

(o) "Territorial district" shall mean any of the terri- "Territorial
torial districts set forth in The Territorial Division
Act;

(p) "Treatment" shall mean and include the stay, "Treat-
maintenance, observation, care, nursing and treat-
ment, preventive or otherwise, of a patient who is
infected or suspected of being infected or who is
considered likely to become infected with tuber-
culosis, or who has been exposed to infection from
tuberculosis.

(q) "Unorganized territory" shall mean that part of a;'Unorgan-
territorial district which is without municipal territory."
organization.

PART II.

DEPARTMENTAL CONTROL.

3. — (1) The several institutions with their respective Sanatoria
properties and appurtenances which under The Sanatoria for 1930
Consumptives Act received aid for the year 1930 from the^^^'^"^®
Province of Ontario shall for the purposes of this Act be
deemed to be sanatoria, as if the same has been approved
under this Act.

168

sanatoria ^^^ ^° institution, building or other premises or place

to be shall hereafter be created, established, incorporated, operated

approved. , . ., i , , , ,

or used as a sanatorium until the same has been approved by
the Lieutenant-Governor in Council.

Suspension
or

revocation
of approval.

(3) Any approval given or deemed to have been given under
this Act in respect of any sanatorium may be suspended by
the Minister or revoked by the Lieutenant-Governor in
Council.

Regulations 4, The Lieutenant-Governor in Council, upon the recom-
sanatoria. mendation of the Minister, may make such regulations with
respect to sanatoria as may be deemed necessary for, —

Creation,
construc-
tion, etc.

(a) their creation, establishment, construction, altera-
tion, equipment, maintenance and repair;

Classifica-
tion, etc.

Inspection,

operation,

etc.

(b) their classification, grades and standards;

staffs, etc.

(d) their inspectors, superintendents, staffs, officers,
servants and employees and the powers and duties
thereof ;

Patients,
etc.

(e) the admission, treatment, conduct and discharge of
patients;

Rates, etc. (J) the classification, length of stay, rates and charges

of and for patients;

Accounting,
etc.

(g) the records, books, accounting system, reports and
returns to be made and kept by sanatoria;

Provincial
aid.

(h) the distribution, payment, withholding and restora-
tion of and other matters affecting provincial aid ; and

General.

(i) all Other matters affecting sanatoria.

S-'aS;?"'^''* 5. It shall be the duty of the Department and it shall
have power to administer and enforce the provisions of this
Act, and the regulations. And the Department may, from
time to time, declare all or any of the regulations to be in
force with respect to all sanatoria or any specified sanatorium
or sanatoria for such time or times as the Department may
deem expedient.

Inspectors. Q The Minister, with the approval of the Lieutenant-
Governor in Council may designate one or more officers of

168

the Department to be inspectors for the purposes of this
Act and the regulations, and the powers and duties of such
inspectors shall be prescribed by the regulations.

7. Every sanatorium approved or deemed to be approved Powers of
under this Act may be carried on under the powers ^nd"^'^^*"""'^"
authorities conferred by any general or special Act under

which it was created, established, incorporated or empowered,
but where the provisions of any general or special Act hereto-
fore passed conflict with the provisions of this Act or the
regulations the provisions of this Act and the regulations
shall prevail.

PART III.

MUNICIPAL SANATORIA.

8. Subject to the provisions of this Act, any municipal Estabiish-

. . . .. ^ . . ; -^ ^ ment of

corporation, mcludmg a county, or, jomtly, any two or municipal
more such municipal corporations, may establish a sanatorium,^
and may for that purpose acquire land and erect and equip
buildings thereon and do such other things as may be neces-
sary or incidental to the establishment, completion, main-
tenance and operation of a sanatorium, and the carrying out
of the provisions of this Act and the regulations.

9. When two or more municipal corporations propose ^''o^^^oj^l^
jointly to establish a sanatorium the councils of such corpora- for joint

^. , ,, .... , , . sanatorium.

tions shall provisionally agree upon the proposal, respecting
the same.

10. Any municipal corporation or corporations which Submission
propose to establish a sanatorium shall submit the proposals to Depart-
to the Department and therewith shall also submit such
provisional by-laws, agreements, plans, estimates and other
material and information as may be required by the regu-
lations.

11. If the site for a proposed sanatorium is situate else- site in

t^ t- • f 1 another

where in Ontario than in the municipality or in one of themunici-

..... , . r J ■ ^ ■ • • pality.

municipalities, the corporation of which is proposing or is a
party to proposing its establishment, the Department shall,
upon the proposals being submitted to it, notify in writing
the head of the municipality in which the site is situate of
the proposals made, and the council of such municipality,
shall within one month after receipt of such notice, state in
writing to the Department, the objections, if any, to which
it may have to the establishment of a sanatorium on such
site, but no such objection shall necessarily prevent approval
being given hereunder.

168

orde°-Tn- ^^ ^^- ^^^ Minister shall submit the proposals, with any
Council. report thereon which he may see fit to make, to the Lieu-
tenant-Governor in Council, and upon the same being
approved, either as submitted or as modified or altered in
any way by the Lieutenant-Governor in Council, such
approval shall, subject as hereinafter provided, be sufficient
authority for the municipal corporation or corporations to
establish a sanatorium in accordance therewith.

PiJ,oceciiire 13. When by approval of the Lieutenant-Governor in

lishment, Council a municipal corporation is, or, jointly, two or more
■ municipal corporations are authorized to establish a sana-
torium, the council or councils of such corporation or corpora-
tions, as the case may be, may with the assent of the electors
of such municipality or municipalities qualified to vote on
money by-laws, pass all by-laws necessary to establish, erect,
complete and equip the sanatorium and to issue debentures
to pay for the cost thereof and where, jointly, two or more
municipal corporations are establishing the sanatorium to
enter into an agreement respecting the same according to
form approved by the Lieutenant-Governor in Council.

County-
sanatorium.

14. Where the municipal corporation authorized by the
approval of the Lieutenant-Governor in Council, either
alone or jointly with another municipal corporation, to
establish a sanatorium is a county, it shall not be necessary
that any by-laws passed by the council of such county,
under section 13, shall be assented to by the electors qualified
to vote on money by-laws if such by-laws are passed with
the vote of two-thirds of all the members of the county
council.

c^^233^*to'" ^^' Subject as otherwise herein provided, the provisions
apply." of The Municipal Act shall apply to all by-laws passed and

to all debentures issued by a municipal corporation under

this Act.

Improve-
ments for
sanatorium.

Board of
manage-
ment.

17. When a municipal corporation has, or, jointly, two
or more municipal corporations have established a sanatorium
the management and control over the same, and its erection,

168

18. The qualifications of the trustees forming the board. Trustees.
their term of office, which shall not exceed five years, the
quorum of their meetings and the manner of appointment of
successors and of filling vacancies in the office of trustees

shall be provided for in such by-law or agreement; and the
trustees appointed shall hold office until their successors are
appointed.

19. The Board of trustees of a sanatorium shall be a ^ody°'^^*^
corporation under such name as may be designated in the
approval given by the Lieutenant-Governor in Council for

its establishment.

20. The board shall of its members elejct yearly one of "^^^^'''^^"•
them to be its chairman to hold office for one year, or until

his successor is appointed; and a vice-chairman may also be
similarly elected.

21. With the approval of the Lieutenant-Governor inJfth1™Ji^-
Council, an association which has authority to establish, tions.
maintain and operate a sanatorium may enter into an agree-
ment with one or more municipal corporations, including a

county or counties, respecting the establishment of such
sanatorium or with respect to providing in whole or in part
the cost of erecting, equipping, improving, enlarging, extend-
ing or altering a sanatorium established by the association,
but no by-law of a municipal corporation for the purpose of
providing any such cost, by the issue of debentures or other-
wise, shall be passed otherwise than in accordance with the
provisions of sections 13 or 14 in respect to by-laws passed
thereunder.

PART V.

ALL SANATORL\.

22. The provisions of this Part shall apply to all sanatoria ^fPPjV^t'!*'""
whether established by municipal corporations or P'^^'viitum^

23. Subject as in this Act and the regulations provided, 3;;^;^^ ""^
or in any agreement entered into under the provisions of

this Act stipulated, it shall be the duty of the board of a
sanatorium, and it shall have power to govern, manage and

168

ment'o/staff ^^- Subject to the regulations, the board may appoint
such superintendents, officers, stafifs, employees, and servants
of a sanatorium as from time to time may be necessary and
fix their salaries and prescribe their powers and duties.

Powers of
expropria-
tion.

Rev. Stat,
c. 233.

Exemption

from

taxation.

Sale, etc.,
to be
approved.

27. No part of any property acquired or used for the
purposes of a sanatorium shall be sold, leased, mortgaged, or
otherwise disposed of without the approval of the Lieutenant-
Governor in Council.

Protection
from
adverse
expropria-
tion.

Saving as to

highway

widening.

29. Nothing in sections 27 and 28 contained, shall apply
to or prevent the sale, disposition or expropriation of any
part of the property acquired or used for the purposes of a

168

sanatorium if the same is required in the widening of any
highway, if the Minister has first approved thereof.

30. The board may accept from any person donations of Donations,
property, real or personal, and whether by will or otherwise,

for the endowment, use or benefit of a sanatorium and
subject to the terms of the donation may apply the same
for such purposes.

31. No sanatorium which has been approved and estab- ^^^.^^g^^g
lished may permanently be closed without the approval of the sanatorium.
Lieutenant-Governor in Council, and when any sanatorium

is closed or proposed to be closed permanently, the Lieu-
tenant-Governor in Council may make such provision for the
sale or other disposition of the sanatorium and all the prop-
erties and assets thereof, and for the application of any
proceeds of such sale or disposition and otherwise in every
respect, as he may deem proper.

32. Subject to the provisions of any existing agreement ^^^^^^^'g.
relating thereto, every sanatorium receiving provincial aid clinics,
shall provide such reasonable facilities for giving instructions

to medical students of any university as may be required
by the regulations.

33. Except as may otherwise be provided in this Act, fo "dmu"'"
no sanatorium receiving provincial aid shall refuse to admit as patients.

a patient any person who is in need of treatment.

34. A preventorium, however, shall not be required to -'^'^"J.'I^^Hms
admit as a patient any person who is actually infected withtorium.
tuberculosis.

35. Except as may otherwise be provided in this Act or^dm^ssmns
in the agreement, no sanatorium established by an association Uon sana-

, . , , , . . , • • 1 torium.

which has entered mto an agreement with a municipal cor-
poration under this Act shall refuse to admit as a patient any
indigent person or dependant of an indigent person resident
in such municipality and requiring treatment.

36. Nothing in this Act contained shall require that any Refusal o(
sanatorium admit or retain as a patient any person sunenng able disease
from a communicable disease which under The Public Health

Act or regulations made hereunder requires quarantine and
placarding.

37. Nothing in this Act contained shall unless by refusal ^^^^^^^ °^
of admission, life would thereby be endangered, require that residents,
any sanatorium admit as a patient any person who is not a
resident or a dependant of a resident in Ontario.

168

PART VI.

MUNICIPAL LIABILITY.

Municipal
liability for
indigent
patients.

38. — (1) Subject as in this Act may otherwise be provided,
when any patient in a sanatorium is an indigent person or a
dependant of an indigent person, that municipaHty in which
such person was a resident at the time of admission shall be
liable to the sanatorium for payment of the charges for
treatment of such patient at a rate not exceeding $1.50 per
day.

Relief of
certain
munici-
palities.

Liability for gg j^ municipality may pay to a sanatorium the charges for
may be*^ treatment of a patient notwithstanding that such patient
assumed. was not a resident in such municipality at the time of ad-
mission to such sanatorium.

Burial
expenses.

Contribu-
tion to Last
Post Fund.

Notice of
admission
to munici-
pality.

41. Upon admission or after admission to a sanatorium
of any patient who is or is represented to be or becomes an
indigent person or the dependant of an indigent person, the
superintendent shall by registered letter notify the clerk of
the municipality in which such indigent person is or is repre-
sented to be a resident, of such admission, giving such par-
ticulars as may be ascertainable to enable the clerk to identify
the indigent person.

. 168

42. Unless the clerk of a municipality within twenty days Notice^
after the date of mailing any such notice to him, shall by liability,
registered letter notify the superintendent from whom such
notice was received that the patient referred to therein was

not a resident in the municipality at the time of admission
as a patient or is not an indigent person or a dependant of
an indigent person, such municipality shall be liable for the
charges for treatment of such patient as provided in this Act.

43. The clerk of a municipality when notifying a superin- J^f°^"^^*'°"
tendent that a patient is not a resident in the municipality or furnished.
is not an indigent person or a dependant of an indigent
person, shall furnish such information as he may have ascer-
tained with respect to such patient.

44. For the purpose of this Act, no patient shall be deemed ^If^lj^^^J®""®
to be a resident in a municipality, — presumed

(a) by reason of having gone to the municipality for the ^e'ki^ng
purpose of seeking medical advice or treatment or ^^edicai aid.
seeking admission or treatment in a sanatorium in

such municipality; or

(b) if the municipality is in a territorial district, and gelkers in
such patient being infected or likely or suspected of the districts.
being infected with tuberculosis has gone to such
municipality principally for the purpose of health

and within one year after going to such munici-
pality is admitted a patient in a sanatorium; but
in such cases the patient shall for the purpose of this
Act be deemed to be a resident in that municipality
in which he was a resident at the time of going to a
municipality in a territorial district; or

(c) if such patient has been living in the municipality ^"p'^^-
by reason of being a pupil in any school, college,
university, or other seminary of learning therein

and at the time he became such a pupil was not a

resident therein; but in such cases the patient shall

for the purposes of this Act, be deemed to be a j

resident in that municipality in which he was a |

resident at the time he became such a pupil; or

(d) by reason of having been a patient or an inmate of Jio^n\',\"" j
a hospital, sanatorium, house of refuge, orphanage, '"^"^^^es- i
children's shelter or child welfare institution, gaol,

reformatory, prison or other public institution in the
municipality and otherwise was not a resident
therein; but in such cases the patient shall for the
purposes of this Act be deemed to be a resident in
that municipality in which he was a resident at the

168

County's
right to
contribu-
tion.

Residence of
dependant.

45. The corporation of a county shall have the right
to recover not exceeding one-half of the charges paid by it in
respect to treatment, in a sanatorium of any patient, for which
it is liable under this Act from the corporation of the township,
town or village forming a part of the county in which such
patient was a resident at the time of admission.

46. A dependant of an indigent person shall for the purposes
of this Act be deemed to be a resident in that municipality
in which such indigent person is resident.

statements
of account
to be
rendered.

47. When under this Act the charges for treatment of
any patient or for burial expenses of a deceased patient are
payable by a municipality the sanatorium to which such
patient was admitted shall from time to time render to the
clerk of the municipality statements of account of any such
charges with full particulars thereof and if the amount of any
such account is not paid within a reasonable time after the
same has been rendered it may be recovered as a debt in any
court of competent jurisdiction.

Alunicipal
recourse
against
patient.

Municipal 49. Upon payment by a municipality to a sanatorium of

against any account for treatment of a patient or upon payment of

cipaiity. any expense of burial of a deceased patient by reason of such
patient having been assumed to be a resident in such munici-
pality and it being ascertained that such patient was not a
resident therein but at the time of admission to the sana-
torium was a resident in another municipality in Ontario, the
municipality which made the said payment may recover the
amount thereof as a debt from the municipality in which such
patient was a resident and upon payment by that munici-
pality it shall be entitled to exercise the rights of recovery
conferred under section 48.

Workmen's
Compensa-
tion Board
cases.

168

12
PART VII.

PROVINCIAL AID.

61.— (1) Subject to the provisions of this Act and of the Provincial
regulations, provincial aid shall be distributed and may be
paid out of any moneys appropriated for such purpose by
the Legislature, —

(a) for treatment of every patient who is an indigent J^^^'^J^t ^
person or the dependant of an indigent person, of aid.
at the rate of seventy-five cents per day for every
day that such patient is receiving treatment in a
sanatorium;

(6) for treatment of every patient who is an indigent J^^jgent,^
person or the dependant of an indigent person and for unorgan-
who has actually resided in unorganized territory territory.
for the period of three months within the five months
next prior to admission to a sanatorium at the rate
of $2.25 per day for every day that such patient
is receiving treatment in the sanatorium.

(2) In calculating the amount of provincial aid the day of
departure of a patient shall not be included.

Limitation
as to

(3) Except as otherwise provided in this Act, no provincial ,
aid shall be granted to any sanatorium in respect of a patient |*ubject^
therein, if the charges received by the sanatorium in respect of aid.
to such patient exceed $1.50 per day from all sources other
than provincial aid.

52. No provincial aid shall be granted to any sanatorium No a^djrhiie
the approval of which has been revoked or suspended, or to any revoked, etc.
sanatorium which does not comply with the provisions of this

Act, and the regulations.

53. When from any cause provincial aid to any sana- Restoration

, , -^ , ^ , , . , -^ , of Provincial

tormm has not been granted or the grant thereoi has been aid.
withdrawn or withheld, the Lieutenant-Governor in Council
may upon the recommendation of the Minister direct that
such aid be granted or restored in whole or in part, but not
until the approval of such sanatorium has been revived or
until compliance with the provisions of this Act or the
regulations is made, as the case may be.

168

Penalty.

Rev. Stat,
c. 121.

PART VIII.

GENERAL.

54. Any person who contravenes or is a party to the con-
travention, directly or indirectly, of any provision of this Act
or the regulations shall incur a penalty of not less than $5
and not exceeding $500 recoverable under The Summary
Convictions Act.

Repeal. 55. The Sanatoria J or Consumptives Act, being chapter 357

of the Revised Statutes of 1927, is repealed.

Commence- 56. This Act shall come into force on the 1st day of

ment of Act. ^^ , , <mi

October, 1931.

168

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No. 169

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to provide Better Marketing Facilities for Agricultural

Products.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 169

1931

BILL

An Act to provide Better Marketing Facilities for
Agricultural Products.

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 Ontario Marketing Act,
1931.

Marketing

board

established.

2. — (1) There shall be established a board to be known as
"The Ontario Marketing Board," hereinafter called the
"Board," which shall consist of three persons to be appointed
by the Lieutenant-Governor in Council with the powers and
duties hereinafter set out.

SecretT^y!' (2) One of the persons so appointed shal be designated as

chairman of the Board and there shall be a secretary of the
Board who shall be appointed by the Lieutenant-Governor
in Council.

Honor-
ariums.

(3) The Lieutenant-Governor in Council may pay an
honorarium to the chairman and other members of the Board.

Sjwirl''"'^ 3.— (1) It shall be the duty of the Board and they shall
have power, —

Survey of
conditions.

Statistics.

Information
as to soil,
climate, etc.

Regulations
as to
packing, etc.

(a) to make a general survey of conditions existing in the
agricultural industry in all its branches and to prepare
and maintain a tabulated register of all statistical
and other information so obtained;

{h) to collect information regarding conditions as to
the soil, climate and other particulars which may be
useful in determining the adaptability of the various
counties and districts in the Province for any
particular class of farming or agricultural industry;

169

Explanatory Note

The purpose of the Bill is stated in section 3. If further machinery
should appear to be necessary it can be provided from time to time.
The object of the draftsman has been to make the Bill as simple as possible
until experience shows just how the Board will function.

169

Marketing
facilities.

(d) to seek the best possible local and other marketing
facilities for any class of agricultural product;

(e) to diffuse information among those concerned as to

the agricultural facilities in Ontario and as to the
best methods to be used in increasing productivity
of the soil and the production of any particular
class of agricultural products;

Dairy
products.

(/) to encourage in every way the best methods for the
manufacture, preparation and packing of dairy
products for marketing in Ontario or elsewhere;

(ieneraiiy. (g) generally to promote the interests of the agricul-

tural industry in Ontario as the Board may deem
expedient.

Report to
Minister.

(2) The Board shall report to the Minister of Agriculture
from time to tirne upon its operations and whenever required
by the Minister so to do shall direct every effort to the improve-
ment and increase of marketing facilities for any particular
class of agricultural products or for any particular article in
any such class.

Committees
acting for
board.

4. The Minister, upon the recommendation of the Board
may appoint committees, each of which shall consist of not
more than three persons, for the purpose of assisting in
carrying out the objects and purposes of the Board with
regard to any class of agricultural products or with regard
to any particular article in any such class, and the Minister
may provide for the remuneration and expenses of any
such committee.

Commence- 5, This Act shall come into force on the day upon which

ment of Act. . . , ^ , j t^

it receives the Royal Assent.

169

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No. 169

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to provide Better Marketing Facilities for Agricultural

Products.

Mr. Kennedy (Peel)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 169

1931

BILL

An Act to provide Better Marketing Facilities for
Agricultural Products.

HIvS 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 Ontario Marketing Act,
1931.

Marketing

board

established.

secretT^y!" (2) One of the persons so appointed shall be designated as
chairman of the Board and there shall be a secretary of the
Board who shall be appointed by the Lieutenant-Governor
in Council.

Honor-
ariums.

(3) The Lieutenant-Governor in Council may pay an
honorarium to the chairman and other members of the Board.

Duties and
powers.

Survey of
conditions.

Statistics.

Information
as to soil,
climate, etc.

Regulations
as to
packing, etc.

3. — (1) It shall be the duty of the Board and they shall
have power, —

169

(d) to seek the best possible local and other market! njj ^;^r^?i!"'^
facilities for any class of agricultural product;

(e) to diffuse information among those concerned as to

the agricultural facilities in Ontario and as to the
best methods to be used in increasing productivity
of the soil and the production of any particular
class of agricultural products;

(/) to encourage in ev^ery way the best methods for the Dairy

•^ f . . ,. r,. products.

manuiacture, preparation and packmg ot dairy
products for marketing in Ontario or elsewhere;

(g) generally to promote the interests of the agricul- oeneraiiy.
tural industry in Ontario as the Board may deem
expedient.

(2) The Board shall report to the Minister of Agriculture Report to
from time to time upon its operations and whenever required ' '"'*' ^^'
by the Minister so to do shall direct every effort to the improve-
ment and increase of marketing facilities for any particular
class of agricultural products or for any particular article in
any such class.

4. The Minister, upon the recommendation of the Board ac^tin^'for^^
may appoint committees, each of which shall consist of not board,
more than three persons, for the purpose of assisting in
carrying out the objects and purposes of the Board with

regard to any class of agricultural products or with regard
to any particular article in any such class, and the Minister
may provide for the remuneration and expenses of any
such committee.

5. This Act shall come into force on the day upon which ^g^j'^^f/'A^'t
it receives the Royal Assent.

169

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No. 170

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act for Raising Money on the Credit of the Consolidated

Revenue Fund.

Mr. Dunlop

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 170 1931

BILL

An Act for Raising Money on the credit of the
Consolidated Revenue Fund.

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

Short title. 1 Tj^jg ^^1- niay be cited as The Ontario Loan Act, 1931.

Loan of 2. The Lieutenant-Governor in Council is hereby author-

$40,000,000 . , . , . , f ■' ..

authorized, ized to raise by way ot loan a sum oi money not exceedmg

forty million dollars ($40,000,000), for all or any of the
purposes following, that is to say: For the public service,
for works carried on by commissioners on behalf of Ontario,
for the covering of any debt of Ontario on open account,
for paying any floating indebtedness of Ontario and for
the carrying on of the public works authorized by the Legis-
lature.

flxed'by^ ^^ 3. The aforesaid sum of money may be borrowed for any

Govern^or^* term, or terms not exceeding forty years, at such rate as

may be fixed by the Lieutenant-Governor in Council and

shall be raised upon the credit of the Consolidated Revenue

Fund of Ontario, and shall be chargeable thereupon.

Fuud"^ 4. The Lieutenant-Governor in Council may provide for a

special sinking fund with respect to the issue herein author-
ized, and such sinking fund may be at a greater rate than
the one-half of one per centum per annum specified in sub-
Rev. Stat., section 2 of section 3 of The Provincial Loans Act.

c. 23.

Sent^ol-'^Att. 5. This Act shall come into force on the day upon which
it receives the Royal Assent.

170

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No. 170

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act for raising money on the Credit of the Consolidated

Revenue Fund.

Mr. Dunlop

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 170

1931

BILL

An Act for raising money on the credit of the
Consolidated Revenue Fund.

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

Short title.

1. This Act may be cited as The Ontario Loan Act, 1931.

Loan of

$40,000,000

authorized.

2. The Lieutenant-Governor in Council is hereby author-
ized to raise by way of loan a sum of money not exceeding
forty million dollars ($40,000,000), for all or any of the
purposes following, that is to say: For the public service,
for works carried on by commissioners on behalf of Ontario,
for the covering of any debt of Ontario on open account,
for paying any floating indebtedness of Ontario and for
the carrying on of the public works authorized by the Legis-
lature.

Terms to be
fixed by
Lieutenant-
Governor.

Sinking
Fund.

Rev. Stat,
c. 23.

Commence-
ment of Act.

3. The aforesaid sum of money may be borrowed for any
term or terms not exceeding forty years, at such rate as
may be fixed by the Lieutenant-Governor in Council and
shall be raised upon the credit of the Consolidated Revenue
Fund of Ontario, and shall be chargeable thereupon.

4. The Lieutenant-Governor in Council may provide for a
special sinking fund with respect to the issue herein author-
ized, and such sinking fund may be at a greater rate than
the one-half of one per centum per annum specified in sub-
section 2 of section 3 of The Provincial Loans Act.

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

170

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No. 171

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Corporations Tax Act.

Mr. Dunlop

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 171

1931

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,
1931.

Rev. Stat.,
c. 29, 8. 3,
subs. 14,
repealed.

Tax on car
companies.

2. — (1) Subsection 14 of section 3 of The Corporations Tax
Act is repealed and the following substituted therefor;

(14) Every company other than a railway company
transacting business in Ontario by operating,
leasing or hiring sleeping, parlour or dining cars
run upon or used by any railway within Ontario
shall pay a tax of one per centum upon the money
invested in such cars so in use in Ontario.

Rev. Stat,
c. 29, s. .3,
amended.

(2) The said section 3 is further amended by adding
thereto the following subsections:

Tax on
capital of
incorporated
companies
carrying on
business in
Ontario.

(23) Every incorporated company transacting business
in Ontario shall pay a tax of one-tenth of one per
centum upon the paid up capital thereof including
its reserve (except a proper reserve for depreciation)
and all sums of money raised by the corporation by
the issue of its debentures or bonds and all sums
advanced or loaned to the company by any other
company, but the Treasurer may allow such reduc-
tion of taxes as he may deem just to any incorpor-
ated company coming under the provisions of this
subsection and (a) having its head office outside
the Province and doing business in the Province, or
{h) having its head office in the Province but doing
business out of the Province, or having the greater
part of its corporate assets outside the Province, or
(c) having its head office in the Province but doing
only the business therein of holding the stock,

171

Explanatory Notes

Section 2. — (1) This repeals the tax imposed on refrigerator, oil, coal
or fruit cars. The imposition of the tax on such cars would impose a great
hardship and loss of revenue on Canadian railroads. The tax will con-
tinue to be collected upon sleeping, dining and parlour cars.

(2) This section imposes a tax of one-tenth of one per centum upon
the paid up capital of all companies not presently taxed under The Cor-
porations Tax Act with certain exceptions as set out in this section. In
the case of companies transacting business in different provinces the tax
will be imposed on the portion of the capital allocated to business in this
Province.

171

bonds and other securities of other incorporated
companies.

Exceptions (23a) The provisions of subsection 23 shall not apply, —

to subs. 23. ^^ -'

(a) to any company which maintains a head or
executive office in the Province of Ontario
but whose business and assets are carried on
and situate entirely outside the said Province;

(b) to any company which maintains a head or
executive office in the Province of Ontario
but whose assets consist substantially only
of shares or obligations of other companies
or corporations whose main or chief business
and assets are situate entirely outside the
said Province;

(c) to any company which carries on in the
Province of Ontario as its main or chief
business investment and re-investment in
shares, bonds and obligations of other in-
corporated companies or of any government,
municipal or school corporation;

?®28 ^*^*" (^^ ^^ ^^y ii^inC' plant or works the profits of

which are liable to taxation under The
Mining Tax Act;

(e) to any milling, smelting, refining or reduction
plant owned by the owner of the mine and
used for the processing of such mine's ores
unless and until such mine is assessed for a
tax under The Mining Tax Act;

(0 to any capital bona fide subscribed or used in
the survey for, exploration of, and develop-
ment of mines or minerals;

(g) to companies incorporated for the purpose of
drainage, agriculture or colonization;

(h) to corporations paying taxes under sub-
sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14
or 15 of this section;

(i) to corporations paying tax under subsection
12 of this section upon their entire capital
except as to any portion of capital not so
taxed under the said subsection ;

171

(j) so as to tax the same capital more than once
under this Act;

(k) to companies that have ceased to do business;

(/) to companies incorporated solely for charit-
able purposes or to operate hospitals.

SeXiff^Ac't. ^- This Act shall come into force on the day upon which
it receives the Royal Assent and shall have affect as from
the 1st day of January, 1931.

171

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No. 171

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Corporations Tax Act.

Mr. Dunlop

TORONTO

Printed bv Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 171

1931

Short title.

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:

1. This Act may be cited as The Corporations Tax Act,
1931.

Rev. Stat.,
c. 29, 8. 3,
subs. 14,
repealed.

Tax on car
companies.

2. — (1) Subsection 14 of section 3 of The Corporations Tax
Act is repealed and the following substituted therefor:

Rev. Stat.,
c. 29, s. 3,
amended.

Tax on
capital of
incorporated
companies
carrying on
business in
Ontario.

(2) The said section 3 is further amended by adding
thereto the following subsections :

(23) Every incorporated company transacting business
in Ontario shall pay a tax of one-tenth of one per
centum upon the paid up capital thereof including
its reserve (except a proper reserve for depreciation)
and all sums advanced or loaned to the company
by any other company for capital account, but the
Treasurer may allow such reduction of taxes as
he may deem just to any incorporated company
coming under the provisions of this subsection
and {a) having its head office outside the Province
and doing business in the Province, or (&) having
its head office in the Province but doing business
out of the Province, or having the greater part of
its corporate assets outside the Province, or
(c) having its head office in the Province but doing
only the business therein of holding the stock.

171

bonds and other securities of other incorporated
companies.

(23a) The provisions of subsection 23 shall not apply, — Exceptions

tO SUDS. ^o.

(a) to any company which maintains a head or
executive office in the Province of Ontario
but whose business and assets are carried on
and situate entirely outside the said Province;

(c) to any company which carries on in the
Province of Ontario ' as its main or chief
business investment and re-investment in
shares, bonds and obligations of other in-
corporated companies or of any government,
municipal or school corporation;

(d) to any mine, plant or works the profits of^®28
which are liable to taxation under The
Mining Tax Act;

(/) to any capital bona fide held or used in the
survey for, exploration of, and development
of mines or minerals;

(g) to companies incorporated for the purpose of
drainage, agriculture or colonization ;

(h) to corporations paying taxes under sub-
sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14
or 15 of this section;

(i) to corporations paying tax under subsection
12 of this section upon their entire capital
except as to any portion of capital not so
taxed under the said subsection ;

Rev. Stat.

171

(J) so as to tax the same capital more than once
under this Act;

(k) to companies that have ceased to do business ;

(/) to companies incorporated solely for charit-
able purposes or to operate hospitals;

(m) to telephone companies having a paid-up
capital of less than one hundred thousand
dollars.

Commence- 3. This 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, 1931.

171

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No. 172

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Succession Duty Act.

Mr. Dunlop

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 172

1931

BILL

An Act to amend The Succession Duty 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 Succession Duty Amend-
ment Act, 1931.

Rev. Stat.
c. 26, s. 1,
cl. a,
amended.

2. The clause lettered a of section 1 of The Succession Duty
Act is amended by inserting after the word "Ontario" in the
seventh line thereof the words "and the value of Ontario bonds
issued under any statute of the Province of Ontario exempting
them from duty."

Rev. Stat.,
c. 26, s. 2,
repealed.

3. Section 2 of The Succession Duty Act is repealed and
the following substituted therefor:

Declaration
as to

application
of Act.

2. This Act shall be deemed to be and to declare the law
relating to succession duty since the 1st day of July,
1892, save as to the rate of duty, the liability for
duty of any property transferred inter vivos, any
action or reference heretofore determined in any
court or as to any estate upon which the duty has
been fully paid and satisfied;

Rev. Stat.,
c. 26, s. 3,
amended.

4. Section 3 of The Succession Duty Act is amended by
inserting after the word "person" in the fifth line thereof
the words "at the time of his death."

Rev. Stat.,
c. 26,
els. c, d, e,
repealed.

5. The clauses lettered c, d, and e, of section 6 of The
Succession Duty Act are repealed and the following substituted
therefor :

Exemption
from

succession
duty.

any one person does not exceed $500;

(d) Where the property passing to any one person consists
wholly of an annuity, of not more than $100 per

172

Explanatory Notes

Section 2. This amendment is to provide that debentures of the
Province of Ontario issued free from succession duty be included in the
aggregate value of property. This is the practice at present but there
seems to be some doubt about it. Such debentures will still be free
from duty.

Section 3. There is no change in this section except a rearrangement
of the wording. The effect is to make the section applicable to estates
on which duty has not yet been fixed.

Section 4. This makes no change in the law but makes the section more
definite.

Section 5. This amendment increases the exemption provided for by
clause c of section 6 from $300 to $500, provides for exemption of duty on
an annuity or life interest not exceeding $100 per annum (clause d), and
changes clause e to limit the charitable, religious or educational bequests
to bequests for purposes to be carried out in Ontario.

172

annum, or of an estate or interest for life or for a
term, in any property, the yearly income from which
does not exceed $100;

(e) On property given, devised or bequeathed to a
religious, charitable or educational organization for
religious, charitable or educational purposes to be
carried out in Ontario.

s^bs'. 2*^V.'c, ^- — (1) The clause lettered c of subsection 2 of section 8 of
amended. xhe Succession Duty Act is repealed, and the following sub-
stituted therefor:

Property
held by
joint
tenants
subject
to duty.

(c) Any property, real or personal, held in the joint
names of the deceased and one or more persons, or
deposited in banks or other institutions or money
deposited in the joint names of the deceased and
one or more persons, and payable to either or the
survivor, except the portion thereof which is shown
to the satisfaction of the Treasurer to have been
contributed by the survivor.

Rev. Stat,
c. 26, s. 8,
Subs. 2.
cl. d,
amended.

Property

passing

under

settlement,

etc.

Rev. Stat.,
c. 26, s. 8,
subs. 2, cl.
repealed.

(2) The clause lettered d in subsection 2 of said section 8
is amended by adding thereto the words "or where the
property so passing or some part thereof, or some fund
therein, or any property fund or assets resulting from the
conversion of any such property or fund, is held for any
benefit of the settlor, whether or not there is such reservation
or any reservation whatsoever to the settlor.

/, (3) The clause lettered / in subsection 2 of said section 8
is repealed and the following substituted therefor:

Policies of
insurance.

Insurance
to provide
duty.

(/) Money received under a policy of insurance whether
such insurance is payable to or in favour of a pre-
ferred beneficiary within the meaning of The Insur-
ance Act, or not, effected by any person on his life,
where the policy is wholly kept up by him for the
benefit of any existing or future donee, whether
nominee or assignee, or for any person who may
become a donee, or a part of such money in propor-
tion to the premiums paid by him, where the policy
is partially kept up by him for such benefit.

(//) The premiums paid on that portion of a policy of
insurance applied to the payment of duty where
such policy of insurance is made payable to the
estate of the deceased in trust for the Treasurer for
the purpose of providing money necessary to pay
the duty on the estate of the deceased, but notwith-

172

Section 6. — (1) Difficulty is experienced at times in the case of joint
bank accounts and other property held in the joint names of the deceased
and another person, to establish what part of the joint estate belongs to
the deceased and what part to the survivor. Property is sometimes
put in joint names in order that the survivor may immediately take
possession of the same without having to take out probate and thus
escape payment of the duty. The amendment will provide that the duty
is payable on all projjerty so held except the portion which can be shown
to have been contributed by the survivor.

(2) This is to define more clearly the intended meaning of the section.

(3) This amendment will allow a person to take out an insurance
policy to cover succession duty. The proceeds of the policy will be free
of duty but duty may be payable upon the premiums paid.

172

standing anything herein contained, moneys received
by the Treasurer on such last-mentioned poUcy and
appHed by him in full of or on account of the Ontario
Duty shall not be deemed to be property passing
on the death of the deceased and duty shall not be
payable thereon.

?^26 ^b'^q" '^' Subsection 6 of section 9 of The Succession Duty Act is
siibs.'e, ' amended by adding thereto the following proviso:

amended. ° "^

Provided that when the amount passing to any one of
the persons mentioned in this subsection does not
exceed $1,000, no duty shall be paid on the amount
so passing in the event of such person having been
in the employ of the deceased for at least five years
prior to his death.

^®26,l*\*i, ^- Section 11 of The Succession Duty Act as amended by
repealed. ' section 3 of The Succession Duty Act, 1928, and section 2, of

The Succession Duty Act, 1929, is repealed and the following

substituted therefor:

Consent to n. — (1) Unless the consent thereto, in writing of the

required. Treasurer is obtained, no person, bank, trust com-

pany, insurance company or other corporation having
its head office, principal place of business, office from
which payments of claims are made, register of share-
holders or any place of transfer in Ontario, shall, —

(a) Deliver, transfer or assign or permit any de-
livery, transfer or assignment of any property,
whatsoever, belonging to a deceased person,
which may be liable to duty in Ontario,
including any deposit, bond, debenture stock,
stock or share (or insurance money in excess
of $1,000) with, in, issued by or payable by
any bank, trust company, insurance company
or other corporation and standing in the
name of a deceased person (whether such
deceased person died domiciled in Ontario or
elsewhere) or held in trust for him or in the
names of a deceased person and any other
person; or

{h) Permit the opening of any safety deposit box
or other repository in Ontario, the removal '
thereof from Ontario or the withdrawal from
such box or repository of any cash, negotiable
instrument, certificates representing indebted-
ness under bond or otherwise or representing

172

Section 7. This will exempt from duty legacies up to $1,000 to servants
in the employ of the deceased for five years previous to death.

Section 8. This is intended to dispense with evasion of payment of
duty as far as possible. No transfer of any property of the deceased
person can be made without the consent of the Treasurer. No safety
deposit box can be opened except with the consent of the Treasurer and
it is intended to have somebody representing the Department (surrogate
registrar usually) attend at the opening of all safety deposit boxes and
check the contents thereof and see that the same is included in the inven-
tory of the estate. As a rule it will not be necessary to file any bond or
other security for duty, thereby saving the estate considerable expense.
The property of the deceased cannot be transferred except as the duty
is paid. This section also permits the payment of life insurance moneys
to the extent of $1,000 without the consent of the Treasurer. Any insur-
ance moneys paid in excess of that amount can only be paid with the
consent of the Treasurer.

172

Opening of
safety
deposit
boxes, etc.

any holdings of stock, muniment of title,
insurance policy or any other property
belonging to a deceased person.

(2) Notice in writing of the intention to open any safety
deposit box or other repository as is mentioned in
subsection 1 of this section or to withdraw therefrom
according to the meaning of said subsection, shall be
served on the Treasurer or his representative at least
ten days, or other period to which the Treasurer may
agree, before such opening or withdrawal is intended
to take place and the Treasurer or his representative
may attend at the time and place of such opening or
withdrawal and there give a consent in writing to
the same as provided herein and he may examine
the contents thereof or the Treasurer or his repre-
sentative may give such consent without attending
and examining as herein provided but the consent
provided for in this subsection shall apply only to
the Acts mentioned in paragraph b of subsection 1
of this section.

Payment of

insurance

policies.

(3) Unless the consent, in writing, of the Treasurer is
obtained, no insurance company shall make any
payment of money in excess of $1,000 due under a
policy of insurance, which may be subject to duty
in Ontario, and where payment not exceeding $1,000
has been made, notice shall be transmitted to the
Treasurer forthwith.

*^^" (4) Any person, bank, trust company, insurance company

or other corporation mentioned in this section,
failing to comply with same, shall incur a penalty
not exceeding the amount of the duty payable to
the Province, in respect of any property dealt with
in contravention of this section and shall, in addi-
tion, incur a penalty of $1,000, but such penalty
shall not apply when the Treasurer is satisfied that
the contravention was not wilful and occurred
through ignorance of the death.

c. 26, s. 12, 9. — (1) Subsection 3 of section 12 of The Succession Duty
amended'^ -^ct is amended by striking out all the words after the word
"made" in the sixth line.

Rev. Stat.,
c. 26, s. 13,
subs. 7,
amended.

(2) Subsection 4 of said section 12 is amended by striking
out the words "in lieu of or in addition to any other security"
in the second and third lines thereof.

10. — (1) Subsection 7 of section 13 of The Succession Duty
Act is amended by inserting after the word "situated" in

172

Section 9. The amendment in the Act provided for by section 8 renders
it unnecessary to withhold probate until security is given.

Section 10. — (1) At present if any investigation regarding an estate
is thought advisable it is necessary to refer the matter to the surrogate
court. This section provides for the taking of evidence with regard to
property of the deceased by the Controller of Revenue and by the solicitor
appointed under the .Act, thus giving quick action and savinij expenses
to the estate.

172

Rev. Stat.,
c. 26, s. 13,
amended.

Appraise-
ment final
after sixty
days.

Rev. Stat.,
c. 26, s. 16,
subs. 3.
repealed.

the eleventh Hne thereof the words "the Controller of Revenue
or his representative, or the solicitor under The Succession
Duty Act.''

(2) The said section 13 of The Succession Duty Act is
further amended by adding thereto the following section :

(8) After the filing of the inventory as provided for in
section 12, the Treasurer may mail to the executors
or to their solicitors notice of appraisement showing
the total appraised value of the property disclosed
by the inventory, and sixty days after the mailing
of such notice, such appraised value shall become
final and binding upon the executors for all purposes
of this Act, unless within sixty days after the
mailing thereof a notice in writing that the executors
object to such appraisement or to some portion
thereof shall be received by the Treasurer.

11. Subsection 3 of section 16 of J^he Succession Duty Act
is repealed and the following substituted therefor:

(3) The duty on property, passing upon the death, in
respect to which any person is given such a general
power to appoint as would, if he were sui juris,
enable him to dispose of the property as he thinks
fit, whether the power is exercisable by instrument
inter vivos or by will or both, shall be paid in the
same manner and at the same time as if the property
itself had been given to the donee of the power.

f^2Q^^^li, 12. Subsection 3 of section 17 of The Succession Duty Act
repealed '^'' as amended by section 7 of The Succession Duty Act, 1928, is
repealed and the following substituted therefor:

Payment
within three
months when
interest in
expectancy
falls into
possession.

Rev. Stat.,
c. 26, s. 18,
repealed.

(3) The duty on any interest in expectancy, if not sooner
paid, shall be due forthwith when such interest
comes into possession and payable within three
months thereafter, in which case the duty shall be
on the value ascertained as provided herein as at the
date of coming into possession, and no deduction
shall be made by reason of duty paid or payable on
any prior estate, income or interest, and if such duty
is not so paid, interest at the rate of six per centum
shall be charged and collected thereon from the date
when such interest in expectancy came into
possession.

13. Section 18 of The Succession Duty Act as amended by
section 9 of The Succession Duty Act, 1928, is repealed and
the following substituted therefor:

172

(2) At the present time the Department has difficulty in having the
values of the estate finally or conclusively settled so that the final state-
ment can be rendered and action taken. The intention of this amend-
ment is to provide finality in the matter of valuation. The amendment
does not interfere with any right of appeal to the surrogate court from
the valuation of the Department.

Section 11. This amendment is to clarify the meaning of this section.

Section 12. Under the old Act the duty is paid immediately on
the death of the life tenant. This amendment provides for three months
in which to pay the duty on the remainder without interest.

Section 13. The reason for this amendment is to save expense and
trouble to an estate in making application to the surrogate judge for
extension of time. This provides that the Controller of Revenue, with
the consent of the Treasurer, may extend time for payment of duty.

172

Extension of
time for
payment of
duty.

18. Upon the application of any person liable for the
payment of duty the surrogate judge, or the Con-
troller of Revenue, may from time to time on notice
to the Treasurer and for just cause shown, make
upon such terms as either may deem proper, an order
extending the time fixed by this Act for payment
thereof for any period in the aggregate, not exceeding
one year or with the consent of the Treasurer, for a
longer period, but, unless the judge or Controller
otherwise order, the duty shall nevertheless bear
interest at the rate of six per centum per annum from
the day upon which such duty might have been paid
without interest.

^®26 ^*^* ' ^^* ^^^ Succession Duty Act is amended by adding thereto
amended. the following section :

Distribution
of bonds,
debentures
or inscribed
stock exempt
from duty.

26. — (1) Where part of the property passing on the death
of deceased, consists of bonds, debentures or inscribed
stock issued under the provisions of any statute of
the Province of Ontario exempting them from duty
and such bonds, debentures or inscribed stock are
not specifically bequeathed by the testator or dis-
posed of by gift by him in his lifetime, then for the
purposes of this Act, such bonds, debentures or
inscribed stock shall be distributed among the
beneficiaries in the same proportion as the whole of the
personalty is distributed among them according to the
provisions of the will of such deceased person, or if
such deceased person died intestate, then such
bonds, debentures or inscribed stock shall be distri-
buted in the same manner as the personal estate of
an intestate is distributed, according to the law of
the province, state or country wherein such deceased
person was domiciled at the time of his death.

Charge to
such bond.s,
etc.

(2) Unless a contrary intention appears by the will of
such deceased person, then for the purposes of this
Act, there shall be charged to such bonds, debentures
or inscribed stock, the proper proportion of the
debts allowed under section 4 of this Act.

172

Section 14. There is nothing in the present Act to allocate the suc-
cession duty free bonds to any particular portion of the estate or to any
class of beneficiary. The intention of the amendment is to adjust pro
rata the succession duty free bonds to the different classes of property
and beneficiaries.

172

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No. 172

2nd Session, 18tii Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Succession Duty Act.

Mr. Dunlop

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 172

1931

BILL

An Act Lo amend The Succession Duty Act.

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 he cited as The Succession Duty Amend-
ment Act, 1931.

Rev. Stat,
c. 26, s. 1,
cl. a.
amended.

Rev. Stat.,
c. 26, s. 2,

repealed.

3. Section 2 of The Succession Duty Act is repealed and
the following substituted therefor:

Declaration
as to

application
of Act.

This Act shall be deemed to be and to declare the law
relating to succession duty since the 1st day of July,
1892, save as to the rate of duty, the liability for
duty of any property transferred inter vivos, any
action or reference heretofore determined in any
court or as to any estate upon which the duty has
been fully paid and satisfied.

4. Section 3 of The Succession Duty Act is amended by

person" in the fifth line thereof

Rev. Stat.,

c. 26, s. 3. , .

amended. msertmg alter the word

the words "at the time of his death."

Rev. Stat.,
c. 26,
els. c, d, e,
repealed.

5. The clauses lettered c, d, and e, of section 6 of The
Succession Duty Act are repealed and the following substituted
therefor :

Exemption
from

succession
duty.

any one person does not exceed $500;

(d) Where the property passing to any one person consists
wholly of an annuity, of not more than $100 per

172

annum, or of an estate or interest for life or for a
term, in any property, the yearly income from which
does not exceed $100;

(e) On property given, devised or bequeathed lo a
religious, charitable or educational organization for
religious, charitable or educational purposes to be
carried out in Ontario.

6. — (1) The clause lettered c of sui)sectioii 2 ol section 8 of ^|j',^- 2^'"c\' c
The Succession Duty Act is repealed, and the following sub- amended,
stituted therefor:

. , . , , .... tenants

deposited m banks or other mstitutions or money subject
in excess of $5,000 at date of death, deposited
in the joint names of the deceased and one or
more persons, and payable to either or the survivor,
except the portion thereof which is shown to the
satisfaction of the Treasurer to have been contributed
by the survivor.

(2) The clause lettered d in subsection 2 of said section 8 Re^- stat.,
is amended by adding thereto the words "or where the Subs! 2.
property so passing or some part thereof, or some fund amended,
therein, or any property fund or assets resulting from the
conversion of any such property or fund, is held for any p^gj]® g^^
benefit of the settlor, whether or not there is such reservation "I^F^^,,.

' settlement,

or any reservation whatsoever to the settlor. etc.

Rev. Stat.,

(3) The clause lettered / in subsection 2 of said section 8 subs." 2," ci. /,
is repealed and the following substituted therefor: '^^^'"'^ ^

(/) Money received under a polic)^ of insurance whether j^^gu^ance'
such insurance is payable to or in favour of a pre-
ferred beneficiary within the meaning of The Insur-
ance Act, or not, effected by any person on his life,
where the policy is wholly kept up by him for the
benefit of any existing or future donee, whether
nominee or assignee, or for any person who may
become a donee, or a part of such money in propor-
tion to the premiums paid by him, where the policy
is partially kept up by him for such benefit.

(//) The premiums paid on that portion of a policy o{ l^^^^'^^-^^^
insurance applied to the payment of duty where duty,
such policy of insurance is made payable to the
estate of the deceased in trust for the Treasurer for
the purpose of providing money necessaryjto pay
the duty on the estate of the deceased, whether

172

originally issued or subsequently endorsed for such
purpose, but notwithstanding anything herein con-
tained, moneys received by the Treasurer on such
last-mentioned policy and applied by him in full
of or on account of the Ontario Duty shall not be
deemed to be property passing on the death of the
deceased and duty shall not be payable thereon.

^^26 1*^9" '^- Subsection 6 of section 9 of The Succession Duty Act is
^mend'd amended by adding thereto the following proviso:

c^^26 ^*^ii ^- Section 11 of The Succession Duty Act as amended by
repealed. section 3 of The Succession Duty Act, 1928, and section 2, of

The Succession Duty Act, 1929, is repealed and the following

substituted therefor:

transfer ^° 11. — (1) Unless the cousent thereto, in writing of the

required. Treasurer is obtained, no bank, trust company,

insurance company or other corporation having its
head office, principal place of business, office from
which payments of claims are made, register of share-
holders or any place of transfer in Ontario, shall, —

{h) Permit the opening of any safety deposit box
in Ontario, the removal thereof from Ontario
or the withdrawal from such box of any
negotiable instrument, certificates represent-
ing indebtedness under bond or otherwise or
representing any holdings of stock, muniment

172

of title, insurance policy or any other property
belonging to a deceased person.

(2) Notice in writing of the intention to open any safety g^'fet"y"^' "^
deposit box or other repository as is mentioned in deposit
subsection 1 of this section or to withdraw therefrom
according to the meaning of said subsection, shall be

served on the Treasurer or his representative at least
ten days, or other period to which the Treasurer may
agree, before such opening or withdrawal is intended
to take place and the Treasurer or his representative
may attend at the time and place of such jDpening or
withdrawal and there give a consent in writing to
the same as provided herein and he may examine
the contents thereof or the Treasurer or his repre-
sentative may give such consent without attending
and examining as herein provided but the consent
provided for in this subsection shall apply only to
the Acts mentioned in paragraph b of subsection 1
of this section.

(3) Unless the consent, in writing, of the Treasurer iSj^g^J^n'^e"'^
obtained, no insurance company shall make any policies.
payment of money in excess of $1,000 due under a

policy of insurance, which may be subject to duty
in Ontario, and where payment not exceeding $1,000
has been made, notice shall be transmitted to the
Treasurer forthwith.

(4) Any bank, trust company, insurance company Penalties.

or other corporation mentioned in this section,
failing to comply with same, vshall incur a penalty
not exceeding the amount of the duty payable to
the Province, in respect of any property dealt with
in contravention of this section and shall, in addi-
tion, incur a penalty of $1,000, but such penalty
shall not apply when the Treasurer is satisfied that
the contravention was not wilful and occurred
through ignorance of the death.

9. — (1) Subsection 3 of section 12 of liie Succession -^^"O'c'^ti s"i2
Act is amended by striking out all the words after the word8uhRs^3and4
"made" in the sixth line.

(2) Subsection 4 of said section 12 is amended by striking
out the words "in lieu of or in addition to any other security"
in the second and third lines thereof.

10." (1) Subsection 7 of section 13 of The Succession Di(iyc,%,f,''l:i
Act is amended by inserting after the word "situated" i" amended.

172

the eleventh line thereof the words "the Controller of Revenue
or his representative, or the solicitor under The Succession
Duty Act:'

Rev. Stat.,
c. 26, s. 13,
amended.

Appraise-
ment final
after sixty
days.

(2) The said section 13 of The Succession Duty Act is
further amended by adding thereto the following section:

(8) After the filing of the inventory as provided for in
section 12, the Treasurer may mail to the executors
or to their solicitors notice of appraisement showing
the total appraised value of the property disclosed
J3y the inventory, and sixty days after the mailing
of such notice, such appraised value shall become
final and binding upon the executors for all purposes
of this Act, unless within sixty days after the
mailing thereof a notice in writing that the executors
object to such appraisement or to some portion
thereof shall be received by the Treasurer.

Rev. Stat.,
c. 26, 8. 16,

repealed. is repealed and the following substituted therefor:

11. Subsection 3 of section 16 of The Succession Duty Act

12. Subsection 3 of section 17 of The Succession Duty Act

Rev. Stat.,
c. 26, s. 17,

repealed. ^s amended by section 7 of The Succession Duty Act, 1928, is
repealed and the following substituted therefor:

Payment
within three
months when
interest in
expectancy
falls into
possession.

Rev. Stat.,
c. 26, s. 18,
repealed.

(3) The duty on any interest in expectancy, if not sooner
paid, shall be due forthwith when such interest
comes into possession and payable within three
months thereafter, in which case the duty shall be
on the value ascertained as provided herein as at the
date of coming into possession, and no deduction
shall be made by reason of duty paid or payable on
any prior estate, income or interest,. and if such duty'
is not so paid, interest at the rate of six per centum
shall be charged and collected thereon from the date
when such interest in expectancy came into
possession.

13. Section 18 of The Succession Duty Act as amended by
section 9 of The Succession Duty Act, 1928, is repealed and
the following substituted therefor:

172

18. Upon the application of any person liable for the JVj^'^^'j.^'j."" '"
payment of duty the surrogate judge, or the Con- payment of
troller of Revenue, may from time to time on notice
to the Treasurer and for just cause shown, make
upon such terms as either may deem proper, an order
extending the time fixed by this Act for payment
thereof for any period in the aggregate, not exceeding
one year or with the consent of the Treasurer, for a
longer period, but, unless the judge or Controller
otherwise order, the duty shall nevertheless bear
interest at the rate of six per centum per annum from
the day upon which such duty might have been paid
without interest.

14. The Succession Duty Act is amended by adding thereto ^eje ^'^* '

the following section : amended.

26. — (1) Where part of the property passing on the death ^/b^ojid"*'*^"^
of deceased, consists of bonds, debentures or inscribed debentures

' ; . or inscribed

Stock issued under the provisions ot any statute oi stock exempt
the Province of Ontario exempting them from duty
and such bonds, debentures or inscribed stock are
not specifically bequeathed by the testator or dis-
posed of by gift by him in his lifetime, then for the
purposes of this Act, such bonds, debentures or
inscribed stock shall be distributed among the
beneficiaries in the same proportion as the whole of the
personalty is distributed among them according to the
provisions of the will of such deceased person, or if
such deceased person died intestate, then such
bonds, debentures or inscribed stock shall be distri-
buted in the same manner as the personal estate of
an intestate is distributed, according to the law of
the province, state or country wherein such deceased
person was domiciled at the time of his death.

(2) Unless a contrary intention appears by the will offJch^bond
such deceased person, then for the purposes of this etc.
Act, there shall be charged to such bonds, debentures
or inscribed stock, the proper proportion of the
debts allowed under section 4 of this Act.

172

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No. 173

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Colonization Roads Act.

Mr. Finlayson

TORONTO
Printed by Herbert H. Ball
Printer to the King's Most Excellent AIaj.

No. 173 1931

BILL

An Act to amend The Colonization Roads 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 Colonization Roads Act,

1931.

0^%', 1*^10, 2. Sul)seciii)n 3 of section 10 of The Colonization Roads
amended ^^^ i^ amended by striking out the words "twenty-five" in
the fourth line and inserting in lieu thereof the word "fifty"
so that the subsection will now read as follows:

Province. (3) Upon proof to the satisfaction of the Minister that

any amount has been properly expended under the
by-law, the Minister may direct the payment to the
corporation of the municipality of a sum not exceed-
ing fifty per centum of the amount so expended,
and the sum named in the direction of the Minister
shall be payable out of any moneys appropriated by
the Legislature for the purposes of this section.

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

ment of Act. . , -^ '^

it receives the Royal Assent,

173

Explanatory Note

This increases the amount of the provincial grant from twenty- live
per centum of the amount spent by the municipality to fifty per centum
of that amount.

173

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No. 173

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Colonization Roads Act.

Mr. Finlayson

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 173

1931

BILL

An Act to amend The Colonization Roads 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. 37, s. 10,
subs. 3,
amended.

Aid from
Province.

1. This Act may be cited as The Colonization Roads Act,
1931.

2. Subsection 3 of section 10 of The Colonization Roads
Act is amended by striking out the words "twenty-five" in
the fourth line and inserting in lieu thereof the word "fifty"
so that the subsection will now read as follows:

(3) Upon proof to the satisfaction of the Minister that
any amount has been properly expended under the
by-law, the Minister may direct the payment to the
corporation of the municipality of a sum not exceed-
ing fifty per centum of the amount so expended,
and the sum named in the direction of the Minister
shall be payable out of any moneys appropriated by
the Legislature for the purposes of this section.

SentTf^Ac't. ^- This Act shall come into force on the day upon which
it receives the Royal Assent.

173

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No. 174

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Inspection of Public Institutions.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 174

1931

BILL

An Act respecting Inspection of Public Institutions.

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 Institutions
Inspection Act, 1931.

Interpreta-
tion.

"Mental^
Hospital."

'Minister."

2. In this Act,—

(a) "Mental Hospital" shall mean and include an
Ontario hospital established under The Hospitals
for the Insane Act, the Ontario Hospital, Woodstock,
established under The Ontario Hospital, Woodstock,
Act, a private sanitarium established under The
Private Sanitarium Act, a psychiatric hospital,
established under The Psychiatric Hospitals Act,
1931, and any other hospital, sanitarium or other
institution for mental cases or insane persons in
respect to which by any general or special Act this
Act may be made applicable.

{h) "Minister" shall in respect to penal and reformative
institutions mean the Provincial Secretary and in
respect to mental hospitals shall mean the Minister
of Health.

"Penal and
reformative
institution."

(c) "Penal and Reformative institution" shall mean
and include a reformatory established under The
Reformatory Act, The Andrew Mercer Reformatory
established under The Andrew Mercer Reformatory
Act, an industrial refuge established under The
Female Refuges Act, an industrial farm established
under The Industrial Farms Act, a gaol or lock-up
established under The Municipal Act or under
The Gaols Act and any other prison, reformatory,
industrial farm, gaol, or other institution or place for
confinement or detention of prisoners and other

174

Explanatory Notes

General Note. The repeal of the existing Prisons and Public Cliarities
Inspection Act (R.S.O. 1927, cap. 361), is rendered necessary by reason
of the distribution of institutions covered by it among the several Depart-
ments, and some of the present sections will no longer be necessary.

The new Act entitled ''The Public Institutions Inspection Act" is
confined to matters in connection with inspection of prisons, gaols, reforma-
tories, mental hospitals, and sanitaria, as all other institutions are covered
by the separate Acts relating thereto which have been introduced at this
Session .

The new Act makes no departure from the principles covered by the
Inspection Act now to be repealed, and many of the previous detailed
provisions as to the exact routine of inspection are omitted as properly
they are matters to be covered by regulation.

Sections 10 to 12 of the new Act, similar in purport to sections 13
and 19 of the repealed Act are to enable the Departments to function in
respect to prisoners and insane persons having regard to the close relation-
ship of Dominion and Provincial control over such persons.

174

persons charged with or convicted of any offence
against the laws of Canada or Ontario, in respect to
which by any general or special Act of Canada or
Ontario this Act may be made applicable.

"Regula-
tions."

(d) "Regulations" shall mean regulations made under
this Act.

rl^ufations *^- ^^^ regulations heretofore made governing or relating

continued, to mental hospitals and penal and reformative institutions

are confirmed and shall continue in force until altered or

repealed by regulations made under this Act or any other Act.

Appoint- 4. The Lieutenant-Governor in Council may appoint

inspectors, inspectors of mental hospitals and of penal and reformative

institutions with such designations or titles as he may deem

expedient.

Special
enquiry by
inspector.

5. — (1) Where an inspector is authorized by the Minister
to institute an inquiry into the management or affairs of any
mental hospital or penal or reformative institution, as the
case may be, or into any matter in connection therewith, or
into the truth of any returns made by any officer thereof and
deems that any person should give evidence before him on
oath, the inspector shall have the same power to summon
such person to attend as a witness, to enforce his attendance
and to compel him to produce documents and to give evidence
as any court has in civil cases.

(2) An inspector appointed under any other Act the
administration of which is under the charge of the Minister
may when authorized by the Minister exercise the powers
conferred by subsection 1 in respect to any hospital or other
institution subject to such other Act.

Regulations. q j^^ Lieutenant-Governor in Council may make
regulations in respect to mental hospitals and penal and
reformative institutions as may be deemed necessary for, —

(a) the powers and duties of inspectors appointed
under the authority of this Act;

(b) their inspection, superintendence, government, man-
agement, conduct, operation, maintenance, care and
use;

174

(d) the admission, care, treatment, maintenance, con-
duct, discipline, punishment, transfer and discharge
of patients in mental hospitals and prisoners, inmates
and other persons confined or detained in penal and
reformative institutions;

(e) their records, books, accounting systems, audits,
reports and returns to be made and kept; and

(/) generally, all other matters in any way relating
to mental hospitals and penal and reformative
institutions.

reguiati'ons '^ • ^^ by-law, rule or regulation of a municipality relating

for gaols. ^o a gaol or lock-up established or maintained by it shall have

force or take effect until approved by the Provincial Secretary

Application
of gaol
regulations
to foni-t
houses.

Limitation
of actions,
etc.

8. The provisions of the regulations as to the inspection of
penal and reformative institutions and the provisions of
The Gaols Act as to the construction and repair of gaols shall,
so far as may be, apply to court houses and lock-ups.

9. All actions and prosecutions against any person for
anything done in pursuance of this Act shall be commenced
within six months after the fact committed and not after-
wards.

of^dtfpart-'^'^ 10. The Minister may from time to time designate the
officer' officer or officers of his department who subject to his direction

shall exercise the powers and duties conferred by statute or
by the Lieutenant-Governor in Council upon the department
or any officer or officers thereof or upon any officer of any
other department in respect to any statute the administration
of which is for the time being under the charge or assigned
to the Minister and his department.

Powers of
designated
officer for
transfers of
prisoners,
patients, etc.

11. — (1) Notwithstanding anything in this or any
other Act contained, the Minister may designate the
officer of his department who shall control and direct all
admissions to penal and reformative institutions and who
may, if permitted by law, from time to time remove or transfer
any prisoner, inmate or other person confined or detained
therein from any said institution to any other said institution.

(2) Notwithstanding anything in this or any other Act
contained the Minister may designate the officer of
his department who shall control and direct all admissions
to mental hospitals and who may, if permitted by law, from
time to time remove or transfer any inmate or other person
confined or detained therein from one mental hospital to
another.

174

(3) Removals or transfers from a penal or reformative
institution to a mental hospital, or vice versa, may, if per-
mitted by law, be made in accordance with the regulations.

pubiio^®'"^ *° (4) Where the Superintendent of a penal or reformative
hospitals. institution or mental hospital reports to the officer of the
said respective departments that any prisoner, inmate or
other person confined or detained in any of said institutions
requires hospital treatment which cannot be supplied therein,
such officer shall, if otherwise permitted by law, have authority
to transfer the prisoner, inmate or other such person to a
public hospital for treatment, which cannot be supplied in
the institution. The Superintendent or head shall report,
in writing if possible, to the officer designated by the
Minister who shall have authority to remove or transfer
such prisoner, inmate or other person to any public hospital
for treatment.

(5) The charges for such hospital treatment shall be paid
by such prisoner, inmate or other person unless he is an
indigent person in which case the charges shall be payable in
the same manner as charges for indigent patients are payable
under The Public Hospitals Act, 193 J.

S.n'^ai^sLe^nt ^2. The officer designated by the Minister under
patients. section 10 may upon the report of an inspector direct
that any person who is an inmate of a mental hospital and
who appears to be sufficiently recovered to be cared for by his
friends or whose mental condition is due to senility and his
conduct is recorded as quiet and harmless and is a proper
subject for care in a House of Refuge may direct that such
patient be removed from the mental hospital and placed in
the care of his friends or in a House of Refuge in the county
in which he was a resident at the time of admission to the
mental hospital, as the case may be, and in the latter case
the Board of Management and Superintendent of such House
of Refuge shall admit such person and maintain him therein.

ment"<ff^Al;'t. 13. This Act shall come into force on the day upon which
it receives the Royal Assent.

174

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No. 174

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Inspection of Public Institutions.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 174

1931

BILL

An Act respecting Inspection of Public Institutions.

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

Short title.

Interpreta-
tion.

"Mental
Hospital."

1. This Act may be cited as The Public Institutions
Inspection Act, 1931.

2. In this Act,—

(a) "Mental Hospital" shall mean and include an
Ontario hospital established under The Hospitals
for the Insane Act, the Ontario Hospital, Woodstock,
established under The Ontario Hospital, Woodstock,
Act, a private sanitarium established under The
Private Sanitarium Act, a psychiatric hospital,
established under The Psychiatric Hospitals Act,
and any other hospital, sanitarium or other in-
stitution for mental cases or insane persons in
respect to which by any general or special Act this
Act may be made applicable.

'Minister."

{h) "Minister" shall in respect to penal and reformative
institutions mean the Provincial Secretary and in
respect to mental hospitals shall mean the Minister
of Health.

"Penal and
reformative
institution."

174

persons charged with or convicted of any offence
against the laws of Canada or Ontario, in respect to
which by any general or special Act of Canada or
Ontario this Act may be made applicable.

(d) "Regulations" shall mean regulations made under J-q ®|V.^^'
- this Act.

3. The regulations heretofore made governing or relating r^'^^uf.ft'jons
to mental hospitals and penal and reformative institutions continued.
are confirmed and shall continue in force until altered or
repealed by regulations made under this Act or any other Act.

4. The Lieutenant-Governor in Council may appoint Appoint-
inspectors of mental hospitals and of penal and reformative inspectors.
institutions with such designations or titles as he may deem
expedient.

5. — (1) Where an inspector is authorized by the Minister |p®^'j^^ ^^
to institute an inquiry into the management or affairs of any inspector.
mental hospital or penal or reformative institution, as the
case may be, or into any matter in connection therewith, or
into the truth of any returns made by any ofificer thereof and
deems that any person should give evidence before him on
oath, the inspector shall have the same power to summon
such person to attend as a witness, to enforce his attendance
and to compel him to produce documents and to give evidence
as any court has in civil cases.

6. The Lieutenant-Governor in Council may make ^''^''•''*'''"''-
regulations in respect to mental hospitals and penal and
reformative institutions as may be deemed necessary for,—

(a) the powers and duties of inspectors appointed
under the authority of this Act;

(b) their inspection, superintendence, government, man-
agement, ronchirt, operation, maintenance, care and
use;

174

(e) their records, books, accounting systems, audits,
reports and returns to be made and kept ; and

(/) generally, all other matters in any way relating
to 'mental hospitals and penal and reformative
institutions.

Municipal
regulations
for gaols.

Application
of gaol
regulations
to court
houses.

Limitation
of actionR,
etc.

7. No by-law, rule or regulation of a municipality relating
to a gaol or lock-up established or maintained by it shall have
force or take effect until approved by the Provincial Secretary

8. The provisions of the regulations as to the inspection of
penal and reformative institutions and the provisions of
The Gaols Act as- to the construction and repair of gaols shall,
so far as may be, apply to court houses and lock-ups.

9. All actions and prosecutions against any person for
anything done in pursuance of this Act shall be commenced
within six months after the fact committed and not after-
wards.

Designation
of depart-
mental
officer.

10. The Minister may from time to time designate the
officer or officers of his department who subject to his direction
shall exercise the powers and duties conferred by statute or
by the Lieutenant-Governor in Council upon the department
or any officer or officers thereof or upon any officer of any
other department in respect to any statute the administration
of which is for the time being under the charge or assigned
to the Minister and his department.

ll.-(l)
Act

Notwithstanding anything in this or any
contained, the Minister may designate the

Powers of
designated
officer for otVipr
transfers of ^^"^^

prisoners, officer of his department who shall control and direct all

patients, etc. ,.. iir ....

admissions to penal and reformative institutions and who
may, if permitted by law, from time to time remove or transfer
any prisoner, inmate or other person confined or detained
therein from any said institution to any other said institution.

174

(3) Removals or transfers from a penal or reformative
institution to a mental hospital, or vice versa, .may, if per-
mitted by law, be made in accordance with the regulations.

(4) Where the Superintendent of a penal or reformative ^'t,'"''^'"* '*^

. . 11-1 public

mstitution or mental hospital reports to the officer of the "ospitais.
said respective departments that any prisoner, inmate or
other person confined or detained in any of said institutions
requires hospital treatment which cannot be supplied therein,
such officer shall, if otherwise permitted by law, have authority
to transfer the prisoner, inmate or other such person to a
public hospital for treatment, which cannot be supplied in
the institution. The Superintendent or head shall report,
in writing if possible, to the officer designated by the
Minister who shall have authority to remove or transfer
such prisoner, inmate or other person to any public hospital
for treatment.

12. The officer designated by the Minister under ^Q^j^^Oj^lJ^Ojf^
section 10 may upon the report of an inspector direct patients.
that any person who is an inmate of a mental hospital and

who appears to be sufficiently recovered to be cared for by his
friends or whose mental condition is due to senility and his
conduct is recorded as quiet and harmless and is a proper
subject for care in a House of Refuge may direct that such
patient be removed from the mental hospital and placed in
the care of his friends or in a House of Refuge in the county
in which he was a resident at the time of admission to the
mental hospital, as the case may be, and in the latter case
the Board of Management and Superintendent of such House
of Refuge shall admit such person and maintain him therein.

13. The Prisons and Public Charities Inspection Act,c.^3G\,^ '
being chapter 361 of the Revised Statutes of Ontario, 1927, ""^p^^^'^^-
is repealed.

14. This Act shall come into force on the day upon which ^ent"(ff"X^'t
it receives the Royal Assent,

174

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No. 175

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Public Health Act.

Mr. Robb

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 175

1931

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, 1931,
No. 2.

2. — (1) Section 1 of The Public Health Act is amended by

Rev. Stat.,

amended. ' adding thereto the following clause:

"Health

unit."

(cc) "Health unit" shall mean a county or two or more
counties, or a municipality or two or more munici-
palities forming part of a county or in two or more
counties, or a municipality or two or more munici-
palities in a territorial district, either alone or in
conjunction with a school section or two or more
school sections in unorganized territory.

0^^262^**^*" (^) ^^^ clause lettered / in the said section 1 is amended
s. 1, cj./, by inserting after the word "municipality" at the end thereof

the words "or of a health unit," so that the clause will now

read as follows:

"Local
board."

Rev. Stat.,
c. 262,
amended.

(/) "Local board" shall mean the local board of health
for any municipality or of a health unit.

3. The Public Health Act is amended by adding thereto the
following section :

Health
unit, —
formation of.

34a. — (1) The council of a county, or the councils of two
or more counties, or the councils of various munici-
palities, or of adjacent municipalities in the same
county or in different counties, or the council of a
municipality or of two or more municipalities in a
territorial district, either alone or in conjunction
with the trustees of a school section or of two or
more school sections may enter into an agreement in
writing for the formation of a health unit.

175

Explanatory Notes

Section 2. — (1) The clause added interprets "health unit" which is
provided for by section 3 of this Bill.

(2) This enlarges the interpretation of "local board" to include a
health unit.

Section 3. The proposed section 34a in its six subsections provides for
the establishment of health units on the basis of combining municipalities,
school sections in unorganized territory or counties and the appointment
of the necessary staff.

175

Appoint-
ment and
salary of
M.O.H.

Powei's and
duties.

Regulations.

(2) The appointment and salary of the medical officer of
health for a health unit shall be provided for by the
regulations and shall be subject to the approval of
the Minister.

(3) Where a medical officer of health is appointed for a
health unit, the provisions of this Act with respect
to the appointment of municipal officers of health
for the territory included in the health unit shall not
apply and the powers and duties of a medical officer
of health in any such municipality shall thenceforth
be exercised and performed by the medical officer of
health for the health unit.

(4) The Minister, with the approval of the Lieutenant-

(iovernor in Council may make regulations which
may be general or particular in their application, —

(a) respecting the establishment of a health unit;

(b) providing for the constitution of a board of

health in any health unit, fixing the number
of members and defining the powers of the
board ;

and duties of a medical officer of health in a
health unit;

(d) respecting the appointment and the tenure of
office of the medical officer of health in a health
unit;

(e) apportioning any expense incurred in carrying

out this section and the regulations among
municipalities and school sections concerned.

Expenses,—
how borne
and paid.

(5) The expenses incurred in carrying out the provisions
of this Act and the regulations made thereunder with
respect to a health unit shall be borne and paid in
such proportion as may be agreed upon, or in default
of agreement, in such proportion as may be fixed by
the Minister, or in such manner as may be prescribed
by the regulations.

Provincial
assistance.

(6) Subject to the regulations where a health unit is
established under this Act the Minister may grant
such assistance for the establishment and mainten-
ance of the health unit as he may deem proper and
any such grant shall be payable out of any moneys
appropriated by the Legislature for that purpose.

ment"(ff^Act. ■*• ^his Act shall come into force on the day upon which
it receives the Royal Assent.

175

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No. 176

2nd Session, 18th Legislature, Ontario
21 George V, 1931

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. 176

1931

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, 1931.

Rev. Stat.,
c. 88, s. 3,
repealed.

Supreme

Court

continued.

Jurisdiction.

Rev, Stat.,
o. 88, s. 4,
repealed.

The Court
of Appeal,—
how
constituted.

2. Section 3 of The Judicature Act is repealed and the
following substituted therefor:

3. The Supreme Court shall continue to consist of
two branches — The Appellate Division, which shall
hereafter be known as "The Court of Appeal for
Ontario" and The High Court Division, which shall
hereafter be known as "The High Court of Justice
for Ontario," and The Judicature Act and Rules
of Court shall be deemed to be amended throughout
accordingly.

3. Section 4 of The Judicature Act is repealed and the
following substituted therefor:

4. — (1) Subject to the provisions of subsections 2 and
3, the Court of Appeal for Ontario shall consist of a
Chief Justice who shall be the President thereof and
shall be called the Chief Justice of Ontario, a Chief
Justice who shall be called the Chief Justice in
Appeal and eight other Judges to be called Justices
of Appeal.

Reduction of
the Court of
Appeal when
vacancies
occur.

(2) When, and as from time to time, vacancies occur
in the office of any Justices of Appeal, except the
Chief Justice of Ontario, the number of Judges upon
the Court of Appeal, shall be proportionately
reduced until it consists of the Chief Justice of
Ontario, the Chief Justice in Appeal, if any, and six
Justices of Appeal, provided that upon a vacancy
occurring in the office of the Chief Justice of Ontario,

176

Explanatory Notes

Section 2. (s .3) This renames the present branches of the Supreme Court,
by calling The Appellate Division, "The Court of Appeal for Ontario"
and by calling The High Court Division, "The High Court of Justice for
Ontario."

Section 3 (s. 4). — (I) This continues The Appellate Division as "The
Court of Appeal for Ontario" and continues the present composition under
the new name.

(2) This provides that as vacancies occur, the Court shall be cor-
respondingly reduced until it finally consists of the Chief Justice of Ontario
and seven other Judges.

176

Vacancy in
office of
Chief Justice
of Ontario.

Chief Justice
in appeal.

the number of Judges upon the Court shall not be
reduced unless the resulting vacancy is filled by
appointing one of the Justices of Appeal.

(3) The Chief Justice of the Second Divisional Court
shall hereafter be designated the Chief Justice in
Appeal, and section 6 and any other section or Rule
of Court referring to the Chief Justice of the Second
Divisional Court shall be deemed to be amended
accordingly.

When a vancancy occurs in the office of the Chief
Justice in Appeal, the office shall be abolished, but
such abolition, if it occurs after the Court of
Appeal is reduced to eight members, shall not
further reduce the number of Justices on such Court.

Rev. Stat.
c. 88, s. 5,
repealed.

The High
Court of
Justice, —
how
constituted.

4. Section 5 of The Judicature Act is repealed and the
following substituted therefor:

5. — (1) The High Court of Justice for Ontario shall
consist of a Chief Justice who shall be called the
Chief Justice of the High Court and, subject to the
provisions of subsection 3 of this section, eight other
Judges.

(2) The Chief Justice of the High Court shall be president
of the High Court of Justice.

(3) When, and as often as, vacancies occur in the Court
of Appeal and that Court is reduced in number, as
provided in section 4, the High Court shall be
correspondingly increased in number until it shall
consist of the Chief Justice and ten other Judges.

5. Subsections 1 and 2 of section 31 of The Judicature Act
are repealed and subsections 3 and 4 are renumbered 1 and 2

Rev. Stat.,
c. 88, s. 31
subss. 1, 2,
repealed,

subss. 3, 4, respectively

amended. '

Rev. Stat.,
c. 88, s. 39,
repealed.

Divisional
Courts
merged in
the Court of
Appeal.

6. Section 39 of The Judicature Act is repealed and the
following substituted therefor:

39. — (1) The present Divisional Courts of the Appellate
Division shall be merged and form one Court,
hereafter known as "The Court of Appeal for
Ontario."

(2) Every appeal to the Court of Appeal for Ontario,
shall be heard before not less than three Justices of
the Court sitting together, and always before an
uneven number of Justices.

176

(3) This changes the name of the Chief Justice of the Second Divisional
Court (that Court being abolished) to the Chief Justice in Appeal.

It provides that on a vacancy occurring, the office shall be abonshed,
but its abolition shall not reduce the number of the Court below eight
members, that is eventually the Chief Justice and seven other Judges.

Section 4 (s. 5). — (1) This deals with The High Court of Justice,
formerly The High Court Division, and continues the present constitution,
subject to alteration as indicated in subsection 3.

(3) This subsection provides that the High Court shall be correspond-
ingly increased in number as the Court of Appeal is reduced, until it
finally consists of eleven members, the Chief Justice and ten other Judges.

Section 5 (s. 31). This repeals a provision that Courts shall be bound by
previous decisions. The common law is in effect much the same and this
change simply gives the Courts a little more latitude in following the
precedents set by other Courts.

Section 6 (s. 39). — (1) This merges the present two Divisional Courts
of the Appellate Division into one Court, called "The Court of Appeal
for Ontario."

(2) This provides that appeals shall be heard before not less than three
Judges and always before an uneven number.

At present the quorum is four for civil, and five for criminal cases.
The feven number, which permits a Court to divide, has not been very
satisfactory and this subsection overcomes this.

176

(3) The Court of Appeal may sit in two divisions at tiie
same time.

(4) The Justices to sit from time to time and the appeals
to be heard, shall be determined by the Chief
Justice of Ontario.

Rev. Stat.,
c. 88, s. 40,
repealed.

7. Section 40 of The Judicature Act is repealed and the
following substituted therefor: —

Chief Justice
may assign
certain work.

40. The Chief Justice of Ontario may assign any Justice
of Appeal, not sitting in the Court of Appeal, to
perform, in Toronto, the work of a High Court
Judge.

Rev. Stat.,
c. 88, s. 41,
repealed.

8. Section 41 of The Judicature Act is repealed and the
following substituted therefor: —

Chief Justice
and Justices
of Appeal
iiot to be
assigned
certain work
without
consent.

Rev. Stat.,
c. 88, s. 42,
repealed.

41. Neither the Chief Justice of Ontario, nor any of the
Justices of Appeal, shall, except as provided in
section 40, without his consent, be assigned to, or
required to perform any duty except as such apper-
tains to him as a member of the Court of Appeal.

9. Section 42 of The Judicature Act is hereby repealed.

Rev Stat., 10. Section 43 of The Judicature Act is repealed and the

c. 88, s. 4.H
repealed.

following substituted therefor :-

Presiding
Chief Justice
or Judge.

43. The Chief Justice of Ontario when present, shall
preside, and in his absence, the Chief Justice in
Appeal, or in his absence, the Senior Justice present,
shall preside.

tii'J-l A'ct'"''" 11- The Judicature Act shall be deemed to be amended
generauy throughout in accordance with this Act.

Commence-
ment of Act

12. This Act shall come into force on the first day of
September, 1931.

176

(3) The Court of Appeal nia> also sii in two divisions.

(4) The Justices sitting in any divisioi\and the character of the appeals
to be heard, are to be determined by the Chief Justice of Ontario.

Under the present system, each Judge is assigned to his own Court.

Section 7 (s. 40). At present there is some doubt as to whether the
Chief Justice can assign an Appeal Justice to do High Court work, although
it is constantly done. This gives direct authority to the Chief Justice to
assign a Justice of Appeal to perform, in Toronto, High Court work.

Section 8 (s. 41). This is the same as the present law, except that it
recognizes the authority given by section 7 to the Chief Justice, to assign
certain High Court work to a Justice of Appeal.

Section 9 (s. 42). Section 42 of The Judicature Act, which is repealed,
provides for a quorum of four Judges, which is out of harmony with the
present Act, and also provides for five Judges hearing Controverted
Election and Criminal appeals. These appeals will now be heard by a
Court of three or more Judges, sitting in an uneven number.

Section 10 (s. 43). This merely continues the present practice and
adapts it to the changed constitution of the Court of Appeal.

Section 11. As a number of detail changes are necessary throughout
The Judicature Act, a general clause of this kind is necessary.

Section 12. This provides for the coming into force of the Act on
September 1st next, which is just after the legal vacation, which enables
matters in the meantime to be adjusted to suit the changed conditions.

176

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No. 176

2nd Session, 18th Legislature, Ontario
21 George V, 1931

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. 176

1931

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. J. This Act may be cited as The Judicature Act, 1931.

Rev. Stat.,
c. 88, s. 3,
repealed.

Supreme

Court

continued.

Jurisdiction.

Rev. Stat.,
c. 88, s. 4,
repealed.

The Court
of Appeal, —
how
constituted.

2. Section 3 of The Judicature Act is repealed and the
following substituted therefor:

3. Section 4 of The Judicature Act is repealed and the
following substituted therefor:

Reduction of
the Court of
Appeal when
vacancies
occur.

176

the number of Judges upon the Court shall not be "^'"'^•"^'^^ '"

, , office of

reduced unless the resulting vacancy is filled by <^h'ef -Justice

.. riT.f« . of Ontario.

appointing one of the Justices of Appeal.

(3) The Chief Justice of the Second Divisional Court ,^*'i|.^pS*^^^
shall hereafter be designated the Chief Justice in
Appeal, and section 6 and any other section or Rule
of Court referring to the Chief Justice of the Second
Divisional Court shall be deemed to be amended
accordingly.

When a vancancy occurs in the ofllice of the Chief
Justice in Appeal, the office shall be abolished, but
such abolition, if it occurs after the Court of
Appeal is reduced to eight members, shall not
further reduce the number of Justices on such Court.

4. Section 5 of The Judicature Act is repealed and the ^^^g |*^5-
following substituted therefor: repealed. '

5.— (1) The High Court of Justice for Ontario shall JJ^^^Jg-^i
consist of a Chief Justice who shall be called the Justice,—
Chief Justice of the High Court and, subject to the constituted,
provisions of subsection 3 of this section, eight other
Judges.

(2) The Chief Justice of the High Court shall be president
of the High Court of Justice.

5. Subsections 1 and 2 of section 31 of The Judicature ^c^^^gg.^^^si,
are repealed and subsections 3 and 4 are renumbered 1 and 2 replaied ^'
respectively. subss. 3 '4,

^ -^ amended.

6. Section 39 of The Judicature Act is repealed and the ^®g^ l^^^g-
following substituted therefor: repealed.

39. — (1) The present Divisional Courts of the Appellate Courts

Division shall be merged and form one Court, the Court of
hereafter known as "The Court of , Appeal for ''''^'^
Ontario."

(2) Every appeal to the Court of Appeal for Ontario,
shall be heard before not less than three Justices of
the Court sitting together, and always before an
uneven number of Justices.

176

(3) The Court of Appeal may sit in two divisions in

alternate weeks or at the same time.

(4) The Justices to sit from time to time and the appeals
to be heard, shall be determined by the Chief
Justice of Ontario.

Rev. Stat.

c 88 s 40 7.— (1) Subsections 1, 2 and 3 of section 40 of The Judi-
Ind^s"^' ^ cature Act are repealed, and the following substituted therefor :

repealed.

Chief Justice (1) The Chief Justice of Ontario may assign any Justice

certafnwork. of Appeal not sitting in the Court of Appeal to

perform, in Toronto, the work of a High Court Judge.

^^88 ^s"46 (^) Subsection 5 of the said section 40 is amended by
subs.' 5, striking out the words and figures "Subsections 3 and 4"

in the first line and inserting in lieu thereof the word and

figure "subsection 2."

^^^'o ^*'^*vA (3) Subsections 4, 5, 6, 7 and 8 of the said Act are

c. 88, s. 40, ^ ^ , ^ ^ .. r 1 ^ -1

subss. 4 to 8, renumbered 2, 3, 4, 5 and 6 respectively.

renumbered.

^®88 ^*^4i ^- Section 41 of The Judicature Act is repealed and the
repealed. ' following substituted therefor: —

^nd^jifsticLs^ 41. Neither the Chief Justice of Ontario, nor any of the

not^to^be' Justices of Appeal, shall, except as provided in

assigned section 40, without his consent, be assigned to, or

certain work ■ i r i

without required to perform any duty except as such apper-

tains to him as a member of the Court of Appeal.

jonsent.

f^Ii^s^h, ^- Section 42 of The Judicature Act is hereby repealed.

repealed.

Rev Stat IQ. Section 43 of The Judicature Act is repealed and the

repealed. following substituted therefor: —

Presiding 43. The Chief Justice of Ontario when present, shall

or Judge? preside, and in his absence, the Chief Justice in

Appeal, or in his absence, the Senior Justice present,

shall preside.

tSli^cf"^" 11- l^he Judicature Act shall be deemed to be amended
generally throughout in accordance with this Act.

mentTf"Act. 12. This Act shall come into force on the first day of
September, 1931.

176

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No. 177

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The School Law Amendment Act, 1931,

Mr. Henry (East York)

T,0 R O N T O

Printkd by Herbert H. Ball

Printer to the King's Most Excellent Majesty

Short title.

No. 177 1931

BILL

The School Law i\mendment Act, 1931.

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 School Law Amendment
Act, 1931.

^^^iif's^i. 2. The clause lettered j in subsection 1 of section 1 of
amended^ ■'' ^^^ PuhUc Schools Act is amended by striking out the words
"of the school section for public school rates" in the second
and third lines and inserting in lieu thereof the words "as a
public school supporter for the school section or municipality"
so that the clause will now read as follows:

payer. — (j) "Ratepayer" shall mean person entered on the last

meaning of. revised assessment roll as a public school supporter

for the school section or municipality.

0^^323^*8.*^ '44, ^- Section 44 of The Public Schools Act is amended by
amended. adding thereto the following subsection:

incfude**^ (3) Any assessments to be made and taxes to be collected

expense of under this section with respect to part of an unor-

assessment . i • i n • i i i r ^

and ganized township shall mclude as part thereof the

collection. ^. r .1 1 • 1 r

proper proportion 01 the salaries and expenses 01
the officers making the said assessments and collect-
ing the said taxes having regard to the ratio which
the assessment in that part of the unorganized
township bears to the total assessment of the union
section.

0^^323^ s^Vo, 4:. Section 60 of The Public Schools Act is amended by
amended. inserting after the word "municipality" in the first line the

words "situate in an organized county" and by adding

thereto the following subsection:

177

Explanatory Notes

Section 2. This enlargement of the definition of "ratepayer" will give
meaning to subsection 2 of section 69 of the Act which it does not have
otherwise.

Section 3. This is to meet a situation which has arisen in a township
in one of the districts where in a union school section the public school
supporters in a part of an unorganized township are under the present
statutes relieved from paying any part of the cost of collecting their school
taxes.

Section 4. This is to meet a situation which has arisen in a school
section where there is no public school but where there is a separate school
and a number of persons who should be separate school supporters who
have no children hav^e declared themselves to be public school supporters
in order to escape separate school taxees.

177

(2) In territory without county organization where a like
condition exists the rates to be so levied on public
school supporters shall be equal to those levied in
the nearest organized municipality.

5, Section 76 of The Public Schools Act is amended by

Rev. Stat.,

amended. ' adding thereto the following subsection:

Who entitled
to vote at
elections
of school
trustees
in urban
munici-
palities.

(6) Every person named in the last revised voters' list
as being entitled to vote at municipal elections shall
be entitled to vote at the election of school trustees
in urban municipalities excepting persons who are
assessed as supporters of separate schools and
persons who are entered on such voters' list by
reason of being the wife or husband of a person
assessed as a separate school supporter.

Rev. Stat.,
c. 323, 8. 85,
subss. 1, 3,
4, 5,
repealed.

Admission
of non-
resident
pupils.

6. Subsections 1, 3, 4 and 5 of section 85 of The Public
Schools Act are repealed and the following substituted therefor:

(1) The board shall admit to the school any non-resident
pupil if the inspector reports that the accommodation
is sufficient for the admission of such pupil and that
the school is more accessible for him than the school
in the section or urban municipality in which the
pupil resides.

Resident of
one section
sending his
children to
another
section.

Attendance
of children
of non-
residents.

(3) The parent or guardian shall be liable for the payment
of all rates assessed on his taxable property for the
purposes of the section in which he resides, but the
board of that section or urban municipality shall
remit to the parent or guardian any rates so payable
to the extent of the amount of the fees so paid to
the board of the neighbouring school.

(4) Where the property of a non-resident is assessed
for an amount equal to the average assessment of
residents the children of such non-resident shall be
admitted to the public school of the section or
urban municipality on the same terms and conditions
as the children of residents.

Remission of
school tax
where
certain fees
paid.

(5) Where the children attending a neighbouring school
reside three miles or more by the nearest public
road from the school house in the section or urban
municipality to which they belong, the board of the
section or urban municipality in which such children
reside shall remit so much of the taxes payable by
the parents or guardians of such children for school
purposes as equals the fees paid to the board of the
neighbouring school.

177

Section 5. This bri;igs the qualification of ratepayers for school purposes
in urban municipalities into the same form as the section passed last
year with regard to rural municipalities. Section 76 should have been
amended last vear.

Section 6. These subsections have been amended by inserting the words
"or urban municipality" after the word "section," and by substituting
"school" for "section" in the last line of subsection 3 and in the first and
last lines of subsection 5. Much trouble has arisen owing to the fact
that rural ratepayers frequently send their children to urban schools
and then find difficulty in collecting from the rural boards the fees paid to
urban boards and there have been a number of law suits.

177

^®323^*t.*'88, '^- Section 88 of The Public Schools Act as amended by
amended, 'section 8 of The School Law Amendment Act, 1930, is further

amended by adding thereto the following clauses:

Operation of
play-
grounds.

Organiza-
tion and*
operation of
gymnasium.

(cc) if deemed expedient, to provide and maintain such
equipment as may be deemed advisable and to
operate the playground as a park or playground and
rink during the school term or in vacation or both,
and to provide such supervision as the board may
deem proper, provided the proper conduct of the
school is not interfered with;

(dd) if deemed expedient, to organize and carry on
gymnasium classes in the school building for pupils
or others during the school term or in vacation or
both, and to provide supervision and training for
such classes, provided the proper conduct of the
school is not interfered with.

Rev. Stat.,

c. 325, s. 7,

subs. 2,

cl. bb.

(1930,

c. 63, 8. 13)

amended.

Cost of
education
of county
pupils, —
what to
include.

8. Tjie clause lettered bb in subsection 2 of section 7 of
The Continuation Schools Act as enacted by section 13 of
The School Law Amendment Act, 1930, is amended by striking
out all the words therein after the word "value" in the
eleventh line and inserting in lieu thereof the words: "but for
the purposes of this clause the cost of education of county
pupils shall not be deemed to include as part thereof any
money paid by the local municipality of which such continua-
tion school district is formed to the county by way of county
taxation for pupils for the cost of whose education the county
may be liable, but who attend schools in other counties, cities
or separated towns or who attend a school in the county
elsewhere than in the continuation school district in which
they reside," so that the clause will now read as follows:

{bb) There shall be paid also by the county to a con-
tinuation school established in an incorporated town
or village or in a consolidated school district the
share of the costs of the education of county pupils
which the area which constitutes a continuation
school district of an incorporated town or village or
a consolidated school district which maintains a
continuation school paid to the county during the
preceding year, as included in the rates levied by the
county council according to the relative equalized
value but for the purposes of this clause the cost of
education of county pupils shall not be deemed to
include as part thereof any money paid by the local
municipality of which such continuation school
district is formed to the county by way of county
taxation for pupils for the cost of whose education
the county may be liable, but who attend schools in

177

Section 7. This amendment is made at the request of certain school
sections where playgrounds other than the school grounds are not easily
available. A similar amendment is made to The High Schools Act.

Section 8. This is to clarify the amendment which was made in T}ie
School Law Amendment Act, 1930, about the meaning of which there has
been some dispute.

177

gymixasium.

Other counties, cities or separated towns or who
attend a school in the county elsewhere than in the
continuation school district in which they reside.

Rev. Stat., 9. Section 23 of The High Schools Act as amended by section
amended'. ' 9 of The School Law Amendment Act, 1929, is further amended
by adding thereto the following clauses:

Operation of ^^^^ j£ deemed expedient, to provide and maintain such

grounds. equipment as may be deemed advisable and to

operate the playground as a park or playground and
rink during the school term or in vacation or both,
and to provide such supervision as the Board may
deem proper, provided the proper conduct of the
school is not interfered with ;

tlon^aiicf (^^'^^ ^^ deemed expedient, to organize and carry on

operation^of gymnasium classes in the school building for pupils

or others during the school term or in vacation or
both, and to provide supervision and training for
such classes, provided the proper conduct of the
school is not interfered with.

Rev Stat., 10. Subsection 2a of section 35 of The High Schools Act as

C. 326 s 35

subs. 2a,' "'enacted by subsection 2 of section 16 of The School Law
c. 63, 's. 16, Amendment Act, 1930, is amended by striking out all the
amended. words therein after the word "board" in the eighth line and
inserting in lieu thereof the words "but for the purposes of
this subsection the cost of education of county pupils shall
not be deemed to include as part thereof any money paid by
the local municipality of which such high school district is
formed, to the county by way of county taxation for pupils
for the cost of whose education the county may be liable, but
who attend schools in other counties, cities or separated towns
or who attend a school in the county elsewhere than in the
high school district in which they reside," so that the sub-
section will now read as follows:

educa*tLn of (2«) There shall be paid alsQ by the county to the high

pupUs^— school board the share of the cost of education of

what to county pupils which the high school district which

include. . ^ .^ ^, , . , , , . , , , •

mamtams the high school paid to the county during
the preceding year as included in the rates levied by
the county council according to the relative equalized
value and the total amount so ascertained shall be
the sum payable by the council to the board ; but for
the purposes of this subsection the cost of education
of county pupils shall not be deemed to include as
part thereof any money paid by the local munici-
pality of which such high school district is formed
to the county by way of county taxation for pupils

177

Section 9. This amendment is made at the request of certain school
sections where playgrounds other than the school grounds are not easily
available. A similar amendment is made to The Public Schools Act.

Section 10. This is the same as the amendment made to The Con-
!■ iniiation Schools Act by sectipn 8 of the Bill and is for the purpose of
clarifying an amendment made in 1930 about the meaning of which
there has been some dispute.

177

for the cost of whose education the county may be
liable, but who attend schools in other counties,
cities or separated towns or who attend a school in
the county elsewhere than in the high school district
in which they reside.

0^^326^*8*37 ^^' Section 37 of The High Schools Act as amended by
amended. ' section 10 of The School Law Amendment Act, 1929, is further
amended by adding thereto the following subsection :

P^ocfgdure (1^) The board of a city or separated town shall not be

or separated entitled to collect from a county the cost of education

town can ., ., '

collect from of any county pupil until, —

county the
cost of

county °"'''^ {a) the board has furnished to the clerk of the

P"P''^- county in which the pupil resides, a statement

showing the average assessment of ratepayers
in the school district in which the school is
situate;

(6) a statement signed by a parent or guardian of
such pupil showing whether or not the said
parent or guardian is assessed within the
district in which the school is situate, and if
so assessed the amount of such assessment,
such statement to be submitted to the
county clerk along with the account for
tuition of county pupils.

?'^-326^*s*'53 -^^' Subsection 1 of section 53 of The High Schools Act is
subs, i, ' ' repealed and the following substituted therefor:

repealed. ^ ->- &

Proportion (1) Every agreement between a board and a teacher

whlch^"^^ ° shall be in writing, signed by the parties thereto and

Staled. sealed with the seal of the board and, unless expressly

agreed, a teacher shall be entitled to be paid his
salary in the proportion which the total number of
days during which he has taught, bears to the whole
number of teaching days in the year.

Rev. Stat., 13. Subsectious 1 and 2 of section 56 of The High Schools
siibss.'i, 2? 'Act are repealed and the following substituted therefor:

repealed.

Terms. (J) jhe school year shall consist of two terms, the first

of which shall begin on the 1st day of September and
shall end on the 22nd day of December and the
second of which shall begin on the 3rd day of January
and end on the 29th day of June.

Holidays. (2) Every Saturday, every public holiday, the week

following Easter Day and every day proclaimed a

177

Section 11. Complaint has been made that the county councils are
paying for the cost of education of pupils who are classified as "county
pupils" when, on account of their parents or guardians holding property
in the municipality where the school they attend is situate, they should
be classed as "resident pupils."

Section 12. This is to make The High Schools Act conform to conditions
governing agreements between teachers and boards.

Section 13. The proposed amendment conforms to the corresponding
section in The Public Schools Act.

177

Rev. Stat.,
c. 262.

holiday by the authorities of the municipaHty in
which the teacher is engaged and every day upon
which a school is closed under the provisions of
The Public Health Act or the regulations of the
Department of Education, shall be a school holiday.

Rev. Stat.,
c. 327, s. 3,
amended.

14. Section 3 of The Boards oj Education Act is amended
by adding thereto the following subsection:

Procedure
where full
number of
elective
members
nominated.

(6a) Where at any election the full number of elective
members are nominated or declared elected, or where
more than the full number of required members are
nominated and subsequently, by reason of failure
to qualify or otherwise, no more than the full number
of elective members remain in nomination, then at
the next election, members shall be nominated to
serve for two years or one year as the case may be.

ameiid^ed*^^^' ^^- -'^^'^ Vocational Education Act is amended by adding
thereto the following Part:

PART III.

\'ocational
school
district, —
establish-
ment of.

JOINT VOCATIONAL SCHOOL BOARDS IN SPECIAL
VOCATIONAL SCHOOL DISTRICTS.

24.-^(1) The Minister, upon the application of the boards
of two or more municipalities made with the
approval of the councils of such municipalities, may
establish and designate the municipalities as a voca-
tional school district for the purposes of this Act.

Applica-
tion,— by
whom to be
made.

(2) Where no board exists in a municipality, the applica-
tion in respect of such municipality may be made by
the board of public school trustees and the board of
separate school trustees of the municipality, or if in
such municipality there is only a board either of
public school trustees or separate school trustees,
the application may be made by such board.

Name of
district.

(3) A vocational school district established under this
section shall be known by such name as may be
designated by the Minister.

Board of
trustees, —
appoint-
ment of.

25. — (1) There shall be appointed for every vocational
school district established under section 24 a joint

board of trustees to be known as "The

Vocational School Board," composed of three mem-
bers from each of the municipalities within the
vocational school district and appointed in the
following manner:

177

Section 14. This is to provide for a situation which has developed in
the Town of Sandwich where owing to certain members of the board
failing to qualify the board has become an acclamation board.

Section 15. This is to meet a situation arising mainly in suburban
industrial areas where there are no high schools to operate vocational
schools in the usual way or where it would be to the advantage of the
municipalities to combine in a vocational school district.

177

(a) In a municipality having a board, the three
members shall be appointed by such board,
two of the appointees to be members of the
board ;

(b) In a municipality having no board but having

a public school board and a separate school
board, two members shall be appointed by
the public school board, one of whom shall
be a member of the said board, and one
member by the separate school board who
shall be a member of that board ;

a public school board only, three members
shall be appointed by the said board two of
whom shall be members of such board.

(d) Where a vocational school district is composed
of municipalities, any one or more of which
is not separated from the county, the county
council shall appoint three members to the
vocational school board.

Qualifica-
tion of
members.

Term of
office.

Powers of
board.

(2) The third member to be appointed under clauses
a, b and c and the three members to be appointed
under clause d shall be British subjects, of the full
age of twenty-one years, who are interested in the
development of vocational education and are engaged
in either the manufacturing, agricultural, commercial
or other industries of the municipality which they
represent.

(3) All appointees under subsection 1 shall hold office for
one year.

26. The board so created shall have the powers of the
boards of education, high school boards, continuation
school boards and the public and separate school
boards for the said vocational school district for the
purposes of The Vocational Education Act, 1930,
and amendments thereto, and shall be a corporation

by the name of "The Vocational

School Board."

By-laws
passed by
council on
application
of board.

27. — (1) The council of any municipality included within
the district on the application of the board, may pass
a by-law for borrowing money by the issue and sale
of debentures for the purchase of a site and the
erection of a school, and for the extensions, equip-
ment, improvements, repairs or furnishings, and it

177

shall not be necessary that the by-law shall be
submitted to the electors for their assent, but if
the council of any of the municipalities refuses to
pass such by-law it shall, if requested by the board,
submit the same to a vote of the electors qualified
to vote on money by-laws under The Municipal Act,
and on the assent of such electors being obtained
shall finally pass the by-law and issue such deben-
tures if the other municipalities are likewise providing
their share.

Amount of
debentures.

(2) The debentures may be for such amount and run
such number of years, not exceeding thirty, as the
council may see fit.

Amounts to
be raised by
council.

(3) The amounts to be raised respectively by the council
of each municipality in the vocational school district
for the said purposes shall be the proportion that
the last revised assessment of such municipality,
multiplied by the population, as determined by the
last enumeration of the assessors, bears to the total
assessment of the municipalities comprising the
vocational school district, multiplied by the total
population of such municipalities, as similarly
determined.

Contribu-
tions by
municipal
councils to
vocational
schools.

28. The municipal councils comprising a vocational
school district shall contribute to the maintenance
of a vocational school erected under the provisions
of section 27 hereof in the same proportion as is
provided in subsection 3 of the said section for the
purposes enumerated in subsection 1 thereof, and
each council forming part of a vocational school
district upon the request of the vocational school
board within such district shall levy and collect in
each year within its municipality in the same
manner as other municipal taxes, the amounts
determined by the vocational school board as
necessary for the said purpose.

Rev. Stat., jg j^^^ Halihurtofi Act is amended by adding thereto the
amended. following section :

CONTINUATION AND HIGH SCHOOL GRANTS.

Liability of
county of
Hallburton.

Rev. Stat.,
cc. 32.5, ;-526.

17. The liability of the county of Haliburton for the
equivalent of the continuation school and high school
grants under The Continuation Schools Act and The
High Schools Act and for the cost of education of
county pupils where such cost exceeds these grants,

177

Section 16. This amendment is necessitated by the economic situation
in many parts of the County of Haliburton.

shall be payable one-third by the county and two-
thirds out of the provincial grants for secondary
schools upon the requisition of the Minister of

Education.

0^^246^*6 *'77 l''^- Section 77 of The Public Libraries Act is repealed.

repealed.

ment"oTA^ct 1^- ^his Act shall come into force on the day upon which
it receives the Royal Assent.

177

Section 17. The section repealed places the granting of permits to
lending and circulating libraries in the hands of the Minister of Education.
The inspection of such libraries by officers of the Department to ascertain
whether or not objectionable literature is being circulated from them
has been found to be impracticable. The matter would be much better
left in the hands of the local police and morality officers.

177

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No. 177

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The School Law Amendment Act, 1931.

Mr. Henry (East York)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 177 1931

BILL

The School Law Amendment Act, 1931.

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^jg js^^^ ^i^y be cited as The School Law Amendment
Act, 1931.

^32'3^8^1,'ci. 2. The clause lettered j in section 1 of The Public Schools
j, amended. ^^^ jg amended by striking out the words "of the school section
for public school rates" in the second and third lines and
inserting in lieu thereof the words "as a public school supporter
for the school section or municipality" so that the clause will
now read as follows:

payer, — 0) "Ratepayer" shall mean person entered on the last

meaning of. revised assessment roll as a public school supporter

for the school section or municipality.

0^^323^*8 *'44 ^' Section 44 of The Public Schools Act is amended by
amended. ' adding thereto the following subsection :

Taxes to (3) Any assessments to be made and taxes to be collected

include i , • • • i

expense of under this section with respect to part of an unor-

and ganized township shall include as part thereof the

ec ion. proper proportion of the salaries and expenses of

the officers making the said assessments and collect-
ing the said taxes having regard to the ratio which
the assessment in that part of the unorganized
township bears to the total assessment of the union
section.

^^323^8^*60. 4:. Section 60 of The Public Schools Act is amended by
amended. inserting after the word "municipality" in the first line the

words "situate in an organized county" and by adding

thereto the following subsection:

177

(2) In territory without county organization where a like
condition exists the rates to be so levied on public
school supporters shall be equal to those levied in
the nearest organized municipality,

■ 5. Subsection 5 of section 76 of The Public Schools Act is Rev. stat..

repealed and the following substituted therefor: siibs. 5

repealed.

(5) A separate set of ballot papers shall be prepared by ^ vote^l't'®*^
the clerk of the municipality for each of the wards ®j?g*|fjjfi
or polling subdivisions, containing the names of the trustees
candidates m the same form mutatis mutandis as munici-
those used for councillors or aldermen, and no ballot
shall be delivered to any person who is entered on
the list of voters as a separate school supporter or
by reason of being the wife or husband of a separate
school supporter.

Rev. Stat.,

6. Subsections 1, 3, 4 and 5 of section 85 of The Public siihss.'i,'^,^'
Schools Act are repealed and the following substituted therefor : repealed.

Admission

(1) The board shall admit to the school any non-resident of non-

-1 T 1 • 11 1 • resident

pupil II the inspector reports that the accommodation pupils,
is sufficient for the admission of such pupil and that
the school is more accessible for him than the school
in the section or urban municipality in which the
pupil resides.

(3) The parent or guardian shall be liable for the payment ^nl'^e^JtLn^

of all rates assessed on his taxable property for the^|^^j^^"gS his
purposes of the section or urban municipality in which another

&6CL10I1

he resides, but the board of that section or urban
municipality shall remit to the parent or guardian any
rates so payable to the extent of the amount of the
fees so paid to the board of the neighbouring school.

(4) Where the property of a non-resident is assessed ^f**^'?^^^^^®
for an amount equal to the average assessment of residents
residents the children of such non-resident shall be
admitted to the public school of the section or

urban municipality on the same terms and conditions
as the children of residents.

(5) Where the children attending a neighbouring school ^Kf tax °^

reside three miles or more by the nearest public ce^fafn fees
road from the school house in the section or urban paid-
municipality to which they belong, the board of the
section or urban municipality in which such children
reside shall remit so much of the taxes payable by
the parents or guardians of such children for school
purposes as equals the fees paid to the board of the
neighbouring school.

177

7. Section 88 of The Public Schools Act as amended by

Rev. Stat.,
c. 323, 8. 8i.,

amended. section 8 of The School Law Amendment Act, 1930, is further

amended by adding thereto the following clauses:

Operation of
play-
grounds.

Organiza-
tion and
operation of
gymnasium.

Rev. Stat.,

c. 325, s. 7,

subs. 2,

cl. 66,

(1930,

c. 63, s. 13)

amended.

Cost of
education
of county
pupils, —
what to
include.

8. The clause lettered bb in subsection 2 of section 7 of
The Continuation Schools Act as enacted by section 13 of
The School Law Amendment Act, 1930, is amended by striking
out all the words therein after the word "value" in the
eleventh line and inserting in lieu thereof the words: "but for
the purposes of this clause the cost of education of county
pupils shall not be deemed to include as part thereof any
money paid by the local municipality of which such continua-
tion school district is formed to the county by way of county
taxation for pupils for the cost of whose education the county
may be liable, but who attend schools in other counties, cities
or separated towns or who attend a school in the county
elsewhere than in the continuation school district in which
they reside," so that the clause will now read as follows:

{bb) There shall be paid also by the county to a con-
tinuation school established in an incorporated town
or village or in a consolidated school district the
share of the cost of the education of county pupils
which the area which constitutes a continuation
school district of an incorporated town or village or
a consolidated school district which maintains a
continuation school paid to the county during the
preceding year, as included in the rates levied by the
county council according to the relative equalized
value but for the purposes of this clause the cost of
education of county pupils shall not be deemed to
include as part thereof any money paid by the local
municipality of which such continuation school
district is formed to the county by way of county
taxation for pupils for the cost of whose education
the county may be liable, but who attend schools in

177

other counties, cities or separated towns or who
attend a school in the county elsewhere than in the
continuation school district in which they reside.

9. Section 23 of The High Schools Act as amended by section Rev. stat..

9 of The School Law Amendment Act, 1929, is further amended amended. ^^'
by adding thereto the following clauses:

{cc) if deemed expedient, to provide and maintain such piay'^^**°" °^
equipment as may be deemed advisable and to^"""""^^-
operate the playground as a park or playground and
rink during the school term or in vacation or both,
and to provide such supervision as the Board may
deem proper, provided the proper conduct of the
school is not interfered with ;

{ccc) if deemed expedient, to organize and carry on Organiza-
gymnasium classes in the school building for pupils operation of

., A • ^u u 1 ^ . ° r ^ gymnasium.

or Others durmg the school term or m vacation or
both, and to provide supervision and training for '
such classes, provided the proper conduct of the
school is not interfered with.

10. Subsection 2a of section 35 of The High Schools Act as Rev. stat.,

c. 326 s. 35

enacted by subsection 2 of section 16 of The School Lawsuhs. 2a.'

• • • (1930

Amendment Act, 1930, is amended by striking out all thee. 63,'s. i6,
words therein after the word "board" in the eighth line and|^|nded.
inserting in lieu thereof the words "but for the purposes of
this subsection the cost of education of county pupils shall
not be deemed to include as part thereof any money paid by
the local municipality of which such high school district is
formed, to the county by way of county taxation for pupils
for the cost of whose education the county may be liable, but
who attend schools in other counties, cities or separated towns
or who attend a school in the county elsewhere than in the
high school district in which they reside," so that the sub-
section will now read as follows:

(2a) There shall be paid also by the county to the high ^duca*t[on of
school board the share of the cost of education oi^°^^Jll'/_
county pupils which the high school district which what^t^o
maintains the high school paid to the county during
the preceding year as included in the rates levied by
the county council according to the relative equalized
value and the total amount so ascertained shall be
the sum payable by the council to the board ; but for
the purposes of this subsection the cost of education
of county pupils shall not be deemed to include as
part thereof any money paid by the local munici-
pality of which such high school district is formed
to the county by way of county taxation for pupils

177

for the cost of whose education the county may be
Hable, but who attend schools in other counties,-
cities or separated towns or who attend a school in
the county elsewhere than in the high school district
in which they reside.

c^^326^*s*'37. ^1- Section 37 of The High Schools Act as amended by
amended. ' section 10 of The School Law Amendment Act, 1929, is further
amended by adding thereto the following subsection :

Procedure
before city
or separated
town can
collect from
county the
cost of
education of
county
pupils.

(la) The board of a city or separated town shall not be
entitled to collect from a county the cost of education
of any county pupil until, —

(a) the board has furnished to the clerk of the
county in which the pupil resides, a statement
showing the average assessment of ratepayers
in the school district in which the school is
situate ;

?®326^*s*'53 ^^- Subsection 1 of section 53 of The High Schools Act is
subs, i ' repealed and the following substituted therefor:

r6 P 6 3. 1 C Cl •

Proportion
of salary to
which
teacher
entitled.

(1) Every agreement between a board and a teacher
shall be in writing, signed by the parties thereto and
sealed with the seal of the board and, unless otherwise
expressly agreed, a teacher shall be entitled to be
paid his salary in the proportion which the total
number of days during which he has taught, bears to
the whole number of teaching days in the year.

13. Subsections 1 and 2 of section 56 of The High Schools

Rev. Stat.,
c. 326, s. 56,

subss. 1, 2, Act are repealed and the following substituted therefor:

repealed.

Terms.

Holidays.

(1) The school year shall consist of two terms, the first
of which shall begin on the 1st day of September and
shall end on the 22nd day of December and the
second of which shall begin on the 3rd day of January
and end on the 29th day of June.

(2) Every Saturday, every public holiday, the week
following Easter Day and every day proclaimed a

177

holiday by the authorities of the municipahty in
which the teacher is engaged and every day upon
which a school is closed under the provisions of
The Public Health Act or the regulations of thcRev. stat.,
Department of Education, shall be a school holiday. ^' ^^^

14. Section 3 of The Boards of Education Act is amended ^^.Jo^'^^^V

•' C. .-5J7, S. 6,

by adding thereto the following subsection: amended.

(6a) Where at any election the full number of elective Procedure
members are nominated or declared elected, or where number of
more than the full number of required members are members
nominated and subsequently, by reason of failure '^'^"^'"'^^®'^'
to qualify or otherwise, no more than the full number
of elective members remain in nomination, then at
the next election, members shall be nominated to
serve for two years or one year as the case may be.

15. The Vocational Education Act is amended by adding i^o^J'g^64,
thereto the following Part:

PART III.

JOINT VOCATIONAL SCHOOL BOARDS IN SPECIAL
VOCATIONAL SCHOOL DISTRICTS.

24.— (1) The Minister,^pon the application of the boards ^?,''o^J^/°'^^'
of two or more municipalities made with the ^^^^^1^1^^^^^
approval of the councils of such municipalities, may naent of.
establish and designate the municipalities as a voca-
tional school district for the purposes of this Act.

(2) Where no board exists in a municipality, the applica- tjPP'iffyj'y

tion in respect of such municipality may be made by ^^^^ ^° ^^
the board of public school trustees and the board of
separate school trustees of the municipality, or if in
such municipality there is only a board either of
public school trustees or separate school trustees,
the application may be made by such board.

(3) A vocational school district established under this ^^,8™®^°^
section shall be known by such name as may be
designated by the Minister.

25. — (1) There shall be appointed for every vocational Board^of_
school district established under section 24 a joint appoint-

board of trustees to be known as "The

Vocational School Board," composed of three mem-
bers from each of the municipalities within the
vocational school district and appointed in the
following manner:

177

(a) In a municipality having a board, the three
members shall be appointed by such board,
two of the appointees to be members of the
board ;

(&) In a municipality having no board but having
a public school board and a separate school
board, two members shall be appointed by
the public school board, one of whom shall
be a member of the said board, and one
member by the separate school board who
shall be a member of that board ;

a public school board only, three members
shall be appointed by the said board two of
whom shall be members of such board.

Qualifica-
tion of
members.

Term of
office.

Powers of
board.

By-laws
passed by
council on
application
of board.

(2) The third member to be appointed under clauses
a, b and c and the three members to be appointed
under clause d shall be jBritish subjects, of the full
age of twenty-one years, who are interested in the
development of vocational education and are engaged
in either the manufacturing, agricultural, commercial
or other industries of the municipality which they
represent.

(3) All appointees under subsection 1 shall hold office for

one year.

by the name of "The Vocational

School Board."

177

(2) The debentures may be for such amount and run Amount of

, . f. .... , debentures.

such number oi years, not exceedmg thirty, as the

council may see fit.

(3) The amounts to be raised respectively by the council bJ^raised *by
of each municipality in the vocational school district <^o"'^cii.

for the said purposes shall be the proportion that
the last revised assessment of such municipality,
multiplied by the population, as determined by the
last enumeration of the assessors, bears to the total
assessment of the municipalities comprising the
vocational school district, multiplied by the total
population of such municipalities, as similarly
determined.

28. The municipal councils comprising a vocational t^ons'^by"'
school district shall contribute to the maintenance municipal

• 1 1 1 • • councils to

of a vocational school erected under the provisions vocational

r • nM 1 r ' t • ' schools.

OI section 27 hereof in the same proportion as is
provided in subsection 3 of the said section for the
purposes enumerated in subsection 1 thereof, and
each council forming part of a vocational school
district upon the request of the vocational school
board within such district shall levy and collect in
each year within its municipality in the same
manner as other municipal taxes, the amounts
determined by the vocational school board as
necessary for the said purpose.

16. The Haliburton Act is amended by adding thereto the^®^^- ^^^*-

following section : amended.

CONTINUATION AND HIGH SCHOOL GRANTS.

17. The liability of the county of Haliburton for the ^jabHity^of
equivalent of the continuation school and high school Haliburton.
grants under The Continuation Schools Act and The
High Schools Act and for the cost of education of ^® 325*^326
county pupils where such cost exceeds these grants,

177

shall be payable one-third by the county and two-
thirds out of the provincial grants for secondary
schools upon the requisition of the Minister of
Education.

c^^246^*§*'77, l*^- Section 77 of The Public Libraries Act is repealed.

repealed.

ment"oTA^ct. 1^- This Act shall come into force on the day upon which
it receives the Royal Assent.

177

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No. 178

2nd Session, 18th Legislature, Ontario
21 George V, 1931

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

Short title.

No. 178

1931

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,
1931.

Rev. Stat,
c. 54, s. 1,
els. b, g,
repealed.

2. The clauses lettered b and g in section 1 of The Highway
Improvement Act are repealed and the following substituted
therefor :

"Depart-
ment."

'Minister."

Rev. Stat.,
c. 54, s. 11,
amended.

Rev. Stat.,
c. 54, s. 14,
subs. 1,
repealed.

(b) "Department" shall mean Department of Highways;

(g) "Minister" shall mean Minister of Highways.

3. Section 11 of The Highway Improvement Act is amended
by striking out the words "Minister of Public Works and
Highways" at the commencement thereof and inserting in
lieu thereof the words "Minister of Highways."

4. — (1) Subsection 1 of section 14 of The Highway Improve-
ment Act as amended by subsection 1 of section 2 of The
Highway Improvement Act, 1929, is repealed and the following
substituted therefor:

Debentures.

Rev. Stat.
c. 233.

(1) Subject to the provisions of subsection \a the council
of any county may from time to time pass by-laws to
raise by debentures payable in not more than twenty
years in the manner provided by The Municipal Act,
such sums as may be necessary to meet the actual
expenditure for the construction and improvement
of highways under this Act not exceeding five per
centum of the equalized assessment of the county,
or the council may by by-law provide that the
required amount shall be raised in equal annual
instalments by a general county rate levied in each
successive year for a period not exceeding ten years

178

Explanatory Notes

Section 2. This section is necessitated by the changes made in the
ministry and by the setting aside of a separate Department of Highways.

Section 3. This merely substitutes the "Minister of Highways" for the
"Minister of Public Works and Highways."

Section 4. — ^(1) No change has been made in this subsection except
that the word "actual" has been substituted for the word "estimated"
in the fifth line and the words "under Part U and Part HI of this Act"
have been inserted in the second to last line.

178

but such amount shall not exceed five per centum of
the equalized assessment of the county and the pro-
visions of this Act shall apply to any money hereto-
fore or hereafter so provided as fully as if debentures
had been issued whether a by-law transferring such
money to a special account under Part II and Part III
of this Act has or has not been passed.

c.^54, 8.^4, (2) Subsection la of the said section 14 as enacted by
(i929,^c. 17, subsection 2 of section 2 of The Highway Improvement Act,
amended' ^^' -^^'^^» ^^ amended by striking out the words "and levied" in

the fourth and fifth lines, so that the subsection will now

read as follows:

Limit of
amount of
county rate.

Rev. Stat.,
c. 233.

(la) Where the council of a county has paid over moneys
raised on sinking fund account to the Treasurer of
Ontario under the provisions of sections 319 to 323
of The Municipal Act, the amount to be raised for
the construction and improvement of highways under
subsection 1 may be a sum not exceeding the total
amount so in the hands of the Treasurer of Ontario
with five per centum of the equalized assessment of
the county added thereto.

Rev. Stat.,
c. 54, s. 14,
subs. 3,
amended.

(3) Subsection 3 of the said section 14 is amended by
adding thereto the words "and the council of the county may
pass a by-law or by-laws to raise by debentures in the same
manner as provided in subsection 1, such sums as may be
necessary to repay such temporary advances," so that the
subsection will now read as follow^s:

Temporary
advances.

(3)

The council of the county may agree with any
chartered bank or loan or trust corporation or with
any person for temporary advances to meet the cost
of the work in progress, but the total of such tem-
porary advances shall not exceed in any one year
the amount to be provided by the corporation of the
county, together with the proportion of aid to be
received from the Province, and the amount receiv-
able from cities and towns as contributions on account
of suburban roads under Part III, and the council of
the county may pass a by-law or by-laws to raise by
debentures in the same manner as provided in
subsection 1, such sums as may be necessary to
repay such temporary advances.

Commence-
ment of
BUbs. 1.

(4) The amendment made by this section shall have effect
as from the 1st day of January, 1930.

^^ii ^s^2Q ^- — (^) Subsection 1 of section 2^of The Highway Improve-

subs.' 1, ' ment Act is amended by striking out all the words in the first
amended. ■' °

178

(2) This amendment meets a technical objection made by some of
the solicitors for bond brokers to the use of the expression "raised and
levied." County rates are not "levied" in the technical sense of the word.

(3) Subsection 3 as it now stands authorizes the county council to
arrange for temporary advances from a chartered bank, loan corporation
or any other person to meet the cost of work while it is in progress. The
object of the amendment is to enable the county to issue debentures
to repay the advances so made.

(4) This sets out the date on which the amendments made by sect ion 4
of the Bill shall take effect.

Section 5. — (1) The language used in the section as it now stands is
not considered sufficiently explicit to include the absolute widening of
the right-of-way and is understood to sanction only the widening of the
pavement.

178

four lines and inserting in lieu thereof the words "the council
of a township, town or incorporated village may enter into
an agreement with the council of the county providing for
the widening of the right-of-way or for the construction of a
wider pavement or other special construction upon a county
road in such township, town or," so that the said subsection
will now read as follows:

Agreement
between
local muni-
cipality and
county for
widening
streets and
pavements.

(1) The council of a township, town or incorporated
village may enter into an agreement with the council
of the county providing for the widening of the
right-of-way, or for the construction of a wider pave-
ment or other special construction upon a county
road in such township, town or incorporated village,
and the agreement may provide that the cost of the
work over and above the amount paid by the county
under the provisions of this Act and amendments
thereto shall be assessed under and according to the
provisions of The Local Improvement Act against the
owners to be specially benefited and against the
township, town or incorporated village respectively
according to the report of an engineer.

Rev. Stat.,
c. 54, 8. 26,
subs. 2,
amended.

(2) Subsection 2 of the said section 26 is amended by
adding thereto the words "and it shall not be necessary to
obtain the assent of the electors to any such by-laws nor
observe the other formalities in relation thereto prescribed by
The Municipal Act, so that the said subsection will now read
as follows:

Debentures
for excess
cost to local
munici-
pality.

Rev. Stat.
c. 233.

(2) The council of the township, town or incorporated
village may pass by-laws to raise by debentures,
payable in not more than twenty years such sum as
may be necessary to meet such excess cost and such
debentures shall be a debt payable by the corpora-
tion, but the rate for the payment of any debentures
so issued shall be levied and collected upon and from
the property liable to assessment in the said town-
ship, town or incorporated village according to the
assessment made by such engineer and it shall not
be necessary to obtain the assent of the electors to
any such by-laws nor observe the other formalities
in relation thereto prescribed by The Municipal Act.

Rev. Stat.,
c. 54, s. 28,
subs. 2,
amended.

6. — (1) Subsection 2 of section 28 of The Highway Improve-
ment Act as amended by section 4 of The Highway Improve-
ment Act, 1930, is further amended by adding thereto the
words "or the work may be undertaken as a local improve-
ment under the provisions of The Local Improvement Act,''
so that the said subsection will now read as follows:

178

(2) This authorizes the work provided for by subsection 1 to be done
without the assent of the electors.

Section 6. — (1) The amendment provides that extra work undertaken
by a local municipality through which a county road passes may be treated
as a local improvement and charged for accordingly.

178

Extent of
liability of
urban
munici-
pality.

(2) Where the roadway on such street exceeds twenty
feet in width all expenditure thereon rendered neces-
sary by such excess width and all other special work
on the street shall be borne by the urban munici-
pality, 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, or the work may
be undertaken as a local improvement under the
provisions of The Local Improvement Act.

c^^54 1*^28 (^) Subsection 4 of the said section 28 is amended by adding

subs.' 4 ' thereto the words "and may raise its share of the cost of the

work by the issuing of debentures without the assent of the

electors," so that the said subsection will now read as follows:

Where urban
street forms
part of
county
system.

(4) Where any street described in subsection 1 is part of
the county road system, the council of the county
shall undertake the work as agreed upon with the
council of the municipality and the urban munici-
pality shall pay its proportion of the cost of the
work to the county upon the report of the county
road superintendent and the requisition of the
county road committee and may raise its share of
the cost of the work by the issuing of debentures
without the assent of the electors.

Rev. Stat.,
c. 54, s. .32,
amended.

7. Section 32 of The Highway Improvement Act as amended
by section 6 of The Highway Improvement Act, 1930, is further
amended by striking out the words "Minister of Public Works
and Highways" where they occur in the eighth and twelth
lines respectively and inserting in lieu thereof the words
"Minister of Highways."

Rev. Stat.,
0. 54, 8. 34,
amended.

8. Section 34 of The Highway Improvement Act is amended
by striking out the words "Department of Public Highways"
in the fourth line and inserting in lieu thereof the words
"Department of Highways."

Rev. Stat.,
c. 54, s. 36,
subs. 1,
amended.

9. — (1) Subsection 1 of section 36 of The Highway Improve-
ment Act is amended by striking out the words "and main-
tenance" in the sixth and seventh lines and inserting in lieu
thereof the words "maintenance and superintendence" so
tliat the subsection will now read as follows:

178

(2) Where work is done under the direction of the road authority
or when it is approved by the Minister it should not be necessary to
submit to the electors a by-law for the purpose of authorizing the raising
of the cost of the work.

Section 7. This merely substitutes "Minister of Highways" for
"Minister of Public Works and Highways."

Section 8. This merely substitutes "Department of Highways" for
'Department of Public Works and Highways."

Section 9. Under the present subsection "suburban roads" are under
the jurisdiction and control of county councils, the work thereon being
under the supervision of the county engineer or road superintendent
and the sums expended for "construction and maintenance" are included
in the statement of expenditure upon which grants payable by the Province
are estimated and paid. The amendments includes in i)-'- -^' 'MMncnt
the sums expended for "superintendence."

178

Roads to be

county

roads.

(1) Roads designated as "suburban roads" shall continue
to be county roads under the jurisdiction and control
of the county council, the work thereon to be under
the supervision of the county engineer or road super-
intendent but subject to the direction of the com-
mission appointed for that purpose, and the sums
expended for construction, maintenance and superin-
tendence may be included in the statements of
expenditure as provided in section 17 of this Act,
upon which the grants payable by the Province
will be estimated and paid.

mentTf"^^ (2) The amendment made by subsection
subs. 1. effect as from the 1st day of January, 1930.

1 shall have

Rev. Stat.,
c. 54, s. 78,
subs. 1,
repealed.

10. Subsection 1 of section 78 of The Highway Improvement
Act is repealed and the following substituted therefor:

Regulations
as to sign-
boards, etc.

(1) The Lieutenant-Governor in Council upon the
recommendation of the Minister may make regula-
tions,—

Prohibiting
and regulat-
ing.

Licensing
and fixing
license fees.

(a) prohibiting or regulating the erection of signs
and sign boards and the pasting or painting
of signs or notices and the exposing of any
advertising device upon or within one-quarter
of a mile from any King's Highway;

{h) for licensing and fixing the fees for licenses to
be granted to any person for erecting any
such sign or sign board, or pasting or painting
any such sign or notice or exposing any such
advertising device on any such road or within
one-quarter of a mile thereof;

Application
of fees.

Regulating
placing of
gasoline
pumps.

{d) for regulating the distance from the limit of
any King's Highway at which gasoline pumps
may be placed and operated and for directing
the removal of any such pump placed or
operated within such distance;

Licensing

gasoline

pumps.

{e) for licensing and fixing the fees for licenses to
be granted to any person operating a gasoline
pump upon or within .'twenty-five feet from
the limit of any King's Highway.

178

Section 10. Subsection 1 as it stands ar present confines the regulation
of the erection of sign boards, gasoline, pumps etc., to the Lieutenant-
Governor in Council, and deals with all classes of highways, — King's
Highways, county roads and suburban roads. The subsection is maended
to confine the regulations made by the Lieutenant-Governor in Council
to King's Highways. The new subsection la gives county councils
control as to county and suburban roads.

178

Powers con-
ferred by
subs. 1 to be
exercised by
county coun-
cil with
respect to
county and
suburban
roads.

(la) The powers conferred on the Lieutenant-Governor
in Council by subsection 1 may, with respect to
county and suburban roads, be exercised by the
county council, but no by-law passed by a county
council under this subsection shall have effect until
approved in writing by the Minister.

Rev. Stat.,

c. 54, s. 83,

subs. 4

(1928,

c. 18, s. 7),

amended.

11. Subsection 4 of section 83 of The Highway Improvement
A ct as enacted by section 7 of The Highway Improvement A ct,
1928, is amended by striking out the word "thirty" in the
last line and inserting in lieu thereof the word "forty," so that
the said subsection will now read as follows:

Sidewalks
and foot-
paths on
provincial
and county
highways.

(4) The council of a township may apply to the Depart-
ment for authority to construct a sidewalk or foot-
path on a King's Highway or county road and the
Department may grant such authority, and upon
the completion of the work may approve of the same
at their discretion, and upon such approval being
given the Minister may authorize the payment to
the township out of the fund of an amount not
exceeding forty per centum of the cost of the work.

1915, c. 17, 12. Sections 20 to 36 of The Ontario Highway Act, being
repealed.' chapter 17 of the statutes of 1915, are repealed.

Commence-

13. This Act shall come into force on the day upon which

ment of Act. \i receives the Royal Assent.

178

Section 11. The present subsection 4 of section 83 authorizes the
council of the township, with the approval of the Department, to construct
a sidewalk or foot path on a King's Highway or county road and authorizes
the Commission to direct payment to the township out of the Highway
Improvement Fund of an amount not exceeding thirty per centum of
the cost of the work. The amendment authorizes the increacing of the
grant to forty per centum.

Section 12. The Ontario Highways Act, which was passed in 1915,
contained a set of sections dealing with what are known as "main roads"
on the same basis as the Toronto and Hamilton Highway Commission.
There is no longer any reason \\\\$ these sections should be retained and
to avoid confusion it is thought desirable that they should be repealed.

178

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No. 178

2ni) Session, 18th Legislature, Ontario
21 George V, 1931

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. 178

1931

BILL

An Act to amend The Highway Improvement Act.

HIS MAJESTY, hy 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 Highway Improvement Act,
1931.

Rev. Stat.,
c. 54, s. 1,
els. 6, g,
repealed.

2. The clauses lettered h and g in section 1 of The Highway
Improvement Act are repealed and the following substituted
therefor :

"Depart-
ment."

"Minister."

(b) "Department" shall mean Department of Highways;
(g) "Minister" shall mean Minister of Highways.

f'^54 ^s^ii ^- Section 11 of The Highway Improvement Act is amended
amended. ' by Striking out the words "Minister of Public Works and
Highways" at the commencement thereof and inserting in
lieu thereof the words "Minister of Highways."

Rev Stat 4. — (1) Subsection 1 of section 14 of The Highway Improve-

siibs.' 1,' ' ment Act as amended by subsection 1 of section 2 of The
repea e . jjigiiii^ay Improvement Act, 1929, is repealed and the following
substituted therefor:

Debentures.

Rev. Stat.,
c. 233.

(1) Subject to the provisions of subsection la the council
of any county may from time to time pass by-laws to
raise by debentures payable in not more than twenty
years in the manner provided by The Municipal Act,
such sums as may be necessary to meet the actual
expenditure for the construction and improvement
of highways under this Act not exceeding five per
centum of the equalized assessment of the county,
or the council may by by-law provide that the
required amount shall be raised in equal annual
instalments by a general county rate levied in each
successive year for a period not exceeding ten years

178

but such amount shal! not exceed five per centum of
the equahzed assessment of the county and the pro-
visions of this Act shall apply to any money hereto-
fore or hereafter so provided as fully as if debentures
had been issued whether a by-law transferring such
money to a special account under Part II and Part III
of this Act has or has not been passed.

(2) Subsection la of the said section 14 as enacted by ^®^4_|*^i4',
subsection 2 of section 2 of The Highway Improvement ''Ic/, ^"929^" ^7
1Q29, is amended by striking out the words "and levied" in «• 2. subs. 2},
the fourth and fifth lines, so that the subsection will now

read as follows:

{la) Where the council of a county has paid over moneys amount^of
raised on sinking fund account to the Treasurer of county rate.
Ontario under the provisions of sections 319 to 323
of The Municipal Act, the amount to be raised fori--^^ .^^-a..

, . c. 233.

the construction and improvement of highways under
subsection 1 may be a sum not exceeding the total
amount so in the hands of the Treasurer of Ontario
with five per centurrt of the equalized assessment of
the county added thereto.

(3) Subsection 3 of the said section 14 is amended by^®:^4/^'^i4_
adding thereto the words "and the council of the county may l^^l^ded.
pass a by-law or by-laws to raise by debentures in the same
manner as provided in subsection 1, such sums as may be
necessary to repay such temporary advances," so that the
subsection will now read as follows:

(3) The council of the county may agree with any J||^}J,p°^|^^'
chartered bank or loan or trust corporation or with
any person for temporary advances to meet the cost
of the work in progress, but the total of such tem-
porary advances shall not exceed in any one year
the amount to be provided by the corporation of the
county, together with the proportion of aid to be
received from the Province, and the amount receiv-
able from cities and towns as contributions on account
of suburban roads under Part .III, and the council of
the county may pass a by-law or by-laws to raise by
debentures in the same manner as provided in
subsection 1, such sums as may be necessary to
repay such temporary advances.

(4) The amendments made by this secti'^n ^Imll have effect retroactive.
as from the 1st day of January, 1930.

5.— (1) Subsection 1 of section 26 of The Highway Improve- '^^^i^^^l^
ment Act is amended by striking out all the words in the first |u^s^^i^

178

four lines and inserting in lieu thereof the words "The council
of a township, town or incorporated village may enter into
an agreement with the council of the county or suburban
roads commission providing for the widening of the right-of-
way or for the construction of a wider pavement or other
special construction upon a county road in such township,
town or," so that the said subsection will now read as follows:

Agreement
between
local muni-
cipality and
oounty for
widening
streets and
pavements.

(1) The council of a township, town or incorporated
village may enter into an agreement with the council
of the county or suburban roads commission pro-
viding for the widening of the right-of-way, or for
the construction of a wider pavement or other
special construction upon a county road in such
township, town or incorporated village, and the
agreement may provide that the cost of the work
over and above the amount paid by the county
under the provisions of this Act and amendments
thereto shall be assessed under and according to the
provisions of The Local Improvement Act against the
owners to be specially benefited and against the
township, town or incorporated village respectively
according to the report of an engineer.

Rev. Stat.,
c. 54, s. 26.
subs. 2,
amended.

Debentures
for excess
cost to local
munici-
pality.

Rev. Stat.,
0. 233.

(2) The council of the township, town or incorporated
village may pass by-laws to raise by debentures,
payable in not more than twenty years such sum as
may be necessary to meet such excess cost and such
debentures shall be a debt payable by the corpora-
tion, but the rate for the payment of any debentures
so issued shall be levied and collected upon and from
the property liable to assessment in the said town-
ship, town or incorporated village according to the
assessment .made by such engineer and it shall not
be necessary to obtain the assent of the electors to
any such by-laws nor observe the other formalities
in relation thereto prescribed by The Municipal Act.

Rev. Stat.,
c. 54, s. 28,
subs. 2,
amended.

178

(2) Where the roadway on such street exceeds twenty j^^'^^fj^ty^^^j-
feet in width all expenditure thereon rendered neces-"''t''i.n.

•^ . . rnunici-

sary by such excess width and all other special work polity,
on the street shall be borne by the urban munici-
pality, and the council of the urban municipality,
with the app^roval 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, or the work may
be undertaken as a local improvement under the
provisions of The Local Improvement Act.

(2) Subsection 4 of the said section 28 is amended by adding ^®5^4_^*'*28.
thereto the words "and may raise its share of the cost of the^'i^f^i- ,

■' amended.

work by the issuing of debentures without the assent of the
electors," so that the said subsection will now read as follows:

(4) Where any street described in subsection 1 is part of street^ forms"
the county road system, the council of the county Pg^^^y
shall undertake the work as agreed upon with the^^^*®"'-
council of the municipality and the urban munici-
pality shall pay its proportion of the cost of the
work to the county upon the report of the count>'
road superintendent and the requisition of the
county road committee and may raise its share of
the cost of the work by the issuing of debentures
without the assent of the electors.

7. Section 32 of The Highway Improvement Act as amended ^^^4.^*^32.
by section 6 of The Highway Improvement Act, 1930, is further ^"■'^'^^®*^-
amended by striking out the words "Minister of Public Works

and Highways" where they occur in the eighth and twelfth
lines respectively and inserting in lieu thereof the words
"Minister of Highways."

8. Section 34 of The Highway Improvement Act is amended ^^g^^^*'^^-
by striking out the words "Department of Public Highways" amended,
in the fourth line and inserting in lieu thereof the words
"Department of Highways."

9. — (1) Subsection 1 of section 36 of 1 ,>■. ii-^n.^.^j i,,.y,iH. ^, -^ ^ ;^,;_
ment Act is amended by striking out the words "and main- ^'^^^^^^^^^
tenance" in the sixth and seventh lines and inserting in lieu
thereof the words "maintenance and superintendence" so
that the subsection will now read as follows:

178

Roads to be
county-
roads.

(1) Roads designated as "suburban roads" shall continue
to be county roads under the jurisdiction and control
of the county council, the work thereon to be under
the supervision of the county engineer or road super-
intendent Vjut subject to the direction of the com-
mission appointed for that purpose, and the sums
expended for construction, maintenance and superin-
tendence ma\' be included in the statements of
expenditure as provided in section 17 of this Act,
upon which the grants payable b>" the Province
will be estimated and }iaid.

inentTf^^^' (2) The amendment made by subsection 1 shall have

subs. 1. elTect as from the 1st day of January, 1030.

l^.^blf^'^is. 10. Subsection 1 of section 78 of The Highway Improvement

repealed. '^'^'^ ^s repealed and the following substituted therefor:

Regulations
as to sign-
boards, etc.

(1) The Lieutenant-Governor in Council upon the
recommendation of the Minister may make regula-
tions,—

Prohibiting
and regulat-
ing.

Ivicensing
and fixing
license fees.

Application
of fees.

[c) for the application of such fees or any part
thereof to the maintenance of such road or
otherwise;

Regulating
placing of
gasoline
pumps.

Licensing

gasoline

pumps.

(g) for licensing and fixing the fees for licenses to
be granted to any person operating a gasoline
pump upon or within twenty-five feet from
the limit of any King's Highway.

178

(la) The powers fuiilened on tlie Licun. n.un-v noti uwi . ,• - —

•^-•11 , • , -1 loired by

in C ouncil by subsection 1 may, with respect to^^'^s. i to be
county and suburban roads, be exercised by the county ooun-
county council, but no by-law passed by a county respect to
council under this subsection shall have effect until gSburban"^
approved in writing by the Minister. .o^.d^

11. Subsection 4 of section 83 of The Highway Improvement He v. stat..
Act as enacted by section 7 of The Highway Improvement Act, Hubs! 4
1928, is amended by striking out the word "thirty" in the c.^^il^'s. 7).
last line and inserting in lieu thereof the word "forty," so that'"^®'^'^®''-
the said subsection will now read as follows:

(4) The council of a township may apply to the Depart- •-".<.". ^.v^,
ment for authority to construct a sidewalk or foot- paths on
path on a King's Highway or county road and the and^county
Department may grant such authority, and upon ^'^^^^'^y^-
the completion of the work may approve of the same
at their discretion, and upon such approval being
given the Minister may authorize the payment to
the township out of the fund of an amount not
exceeding forty per centum of the cost of the work.

12. Sections 20 to 36 of The Ontario Highways Act, being ^ig^il^^^i^.
chapter 17 of the statutes of 1915, are repealed. repealed!

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

ment of Act.

It receives the Royal Assent. .

178

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No. 179

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Niagara Parks Act.

Mr. Henry (East York)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 179

1931

BILL

An Act to amend The Niagara Parks Act.

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

Short title. ^ Yh\s Act may be cited as The Niagara Parks Act, 1931.

^ g ^g 2. Section 18 of The Niagara Parks Act is repealed and

Rev. Stat
C. 81, s.
repealed

Agreements
with munici-
palities as
to improve-
ments.

the following substituted therefor:

18, — (1) The Commission and the corporation of any
municipality in which lands vested in the Com-
mission are situate or which adjoins such lands
may enter into agreements for, —

(a) establishing, laying out, opening, extending,
widening, altering, diverting, constructing,
reconstructing, paving, or otherwise improv-
ing a highway in the municipality and acquir-
ing by the corporation of lands for any such
purpose ;

(&) maintaining and repairing a highway in the
municipality ;

(c) vesting in the Commission ownership of or
jurisdiction and control over any lands
acquired under or any highway described in
any such agreement;

{d) apportioning between the Commission and
the Corporation the cost of any work under-
taken under any such agreement;

(e) payment of the whole or any part of the
cost of any work undertaken under any such
agreement and providing for payment either

179

Explanatory Note

Section 18, which is being repealed, is insufficient to enable the Com-
mission and municipalities to properly take care of traffic requirements
in respect to highways vested in the Commission, particularly the portions
thereof in the urban municipalities bordering on the Niagara River, nor
is it sufficient to enable those municipalities to undertake local improve-
ment works on highways vested in the Commission as they would be
able to do if such highways were vested in the municipalities. The
whole section has therefore been re-written in a form which will take care
of the needs of the municipalities and the requirements for modern
transportation, but at the same time protecting the Province of Ontario
in respect to the highways and properties vested in the Niagara Parks
Commission.

179

in one sum or by annual or other instalments
or otherwise as the agreement may stipulate.

uon^where (2) Every agreement entered into under the authority of

ac" ulred or subsection 1 shall provide that the cost of any

injured to be lands acquired pursuant thereto and all compensa-

paid by . , , . i • • , • r

munici- tion payable m respect to such acquisition or tor

"''''*^ ■ injurious affection to lands by reason of any work

undertaken under any such agreement shall solely
be borne and paid by the corporation of the muni-
cipality entering into the agreement.

[i'^prove- (3) The Commission and the corporation of any muni-

"\^J\^^g cipality in which lands vested in the Commission

are situate or which or any part of which adjoins
or is within three miles of such lands may enter
into a greements for the undertaking by the corpora-
tion in, upon, under, through, across, along or
for any street or highway vested in or under the
jurisdiction and control of the Commission of any
work of any of the characters or descriptions men-
tioned in The Local Improvement Act as w^ork which
may be undertaken as a local improvement, includ-
ing the acquisition of lands and the use of the same
for establishing, laying out, opening, extending,
widening, altering, diverting or otherwise improving
a highway vested or to be vested in the Commission.

(4) Any work undertaken by the corporation of a
municipality pursuant to the provisions of any
agreement entered into under subsection 3 may by
the corporation be undertaken as a local improve-
ment under The Local Improvement Act and according
to the provisions thereof, notwithstanding that the
street or highway is not vested in such corporation
or that its council has no jurisdiction or control
thereover.

Fo^^^oh\*'. (5) In any agreement entered into under subsection 3

the Commission may agree to contribute such sum
or sums towards the cost of any work undertaken
thereunder and either in cash or by annual or other
instalment or otherwise, but nothing in this section
or in any agreement contained nor any such contri-
bution shall in any way render liable to assessment
under The Local Improvement Act for the cost of
any such work any of the lands vested in the Com-
mission whether abutting directly on the work
or otherwise, which said lands shall continue to
remain exempt from assessment taxation.

179

Liability of
munici-
pality.

Assent of
electors not
required.

(6) Every agreement entered into under subsection 3
shall provide that the corporation of the muni-
cipality entering into the same shall solely be re-
sponsible for any injury or damage resulting from
or by reason of the execution of any work under-
taken thereunder or from the existence of such work
during the time of its construction and after the
completion or from non-repair of the same and for
all claims, demands, actions, suits, proceedings,
costs and damages resulting therefrom.

(7) It shall not be necessary that any agreement entered
into under this section be submitted to or receive
the assent of the electors of the municipality, or
that any by-law or by-laws of the corporation of
such municipality for the issue of debentures to
defray the cost or share of the cost of lands acquired
or works undertaken under any such agreement
shall be submitted to or receive the said assent.

Confirma-
tion of agree-
ments hereto-
fore made.

Approval of
Lieutenant-
Governor in
Council.

(8) Every agreement heretofore entered into between
the Commission and the corporation of a muni-
cipality with the approval of the Lieutenant-
Governor in Council for any of the purposes men-
tioned in this section shall be and shall be deemed
to have been legal, valid and binding upon the
Commission and upon such corporation and the
ratepayers thereof and the provisions of subsection
7 shall apply thereto.

(9) No agreement hereafter entered into under this
section shall be effective or binding until the same
is approved by the Lieuteaant-Governor in Council,
and upon such approval being obtained the agree-
ment shall be legal, valid and binding upon the
Commission and upon the corporation of the muni-
cipality entering into the same and the ratepayers
thereof and shall not be open to question in any
Court.

SeX'o^Tct. 3. This Act shall come into force on the day upon which

it receives the Royal Assent.

179

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No. 179

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Niagara Parks Act.

Mr. Henry (East York)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 179

1931

BILL

An Act to amend The Niagara Parks 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. 81, s. 18,
repealed.

Agreements
with munici-
palities as
to improve-
ments.

1. This Act may be cited as The Niagara Parks Act, 1931.

2. Section 18 of The Niagara Parks Act is repealed and
the following substituted therefor:

18. — (1) The Commission and the corporation of any
municipality in which lands vested in the Com-
mission are situate or which adjoins such lands
may enter into agreements for, —

(a) establishing, laying out, opening, grading,
altering the grade of, extending, widening,
altering, diverting, constructing, reconstruct-
ing, paving, or otherwise improving a high-
way in the municipality and acquiring by the
corporation of lands for any such purpose;

(b) maintaining and repairing any highway in the
municipality;

(c) vesting in the Commission ownership of or
jurisdiction and control over any lands
accjuired under or any highway described in
any such agreement;

(d) apportioning between the Commission and
the Corporation the cost of any work under-
taken under any such agreement;

(e) payment of the whole or any part of the
cost of any work undertaken under any such
agreement and providing for payment either

179

in one sum or by annual or other instalments
or otherwise as the agreement may stipulate.

(2) Every agreement entered into under the authority of Compensa-

, . ^ , ,, -11 1 r t'on where

subsection 1 shall provide that the cost of any lands

lands acquired pursuant thereto and all compensa- rnjln-ed to* be
tion payable in respect to such acquisition or fornfunicu
injurious affection to lands by reason of any work*^^''*^'
undertaken under any such agreement shall solely
be borne and paid by the corporation of the muni-
cipality entering into the agreement.

(3) The Commission and the corporation of any muni- [,'^ppove-
cipality in which lands vested in the Commission ment

. , . , r 1 • 1 1- • works.

are situate or which or any part of which adjoins
or is within three miles of such lands may enter
into a greements for the undertaking by the corpora-
tion in, upon, under, through, across, along or
for any street or highway vested in or under the
jurisdiction and control of the Commission of any
work of any of the characters or descriptions men-
tioned in The Local Improvement Act as work which
may be undertaken as a local improvement, includ-
ing the acquisition of lands and the use of the same
for establishing, laying out, opening, grading, alter-
ing the grade of, extending, widening, altering,
diverting or otherwise improving a highway vested
or to be vested in the Commission.

(5) In any agreement entered into under subsection 3 f^r^\vo1-k*
the Commission may agree to contribute such sum

or sums towards the cost of any work undertaken
thereunder and either in cash or by annual or other
instalment or otherwise, but nothing in this section
or in any agreement contained nor any such contri-
bution shall in any way render liable to assessment
under The Local Improvement Act for the cost of
any such work any of the lands vested in the Com-
mission whether abutting directly on the work
or otherwise, which said lands shall continue to
remain exempt from assessment taxation.

179

Liability of
munici-
pality.

Assent of
electors not
required.

Confirma-
tion of agree-
ments hereto-
fore made.

Approval of
Lieutenant-
Governor in
Council.

(9) No agreement hereafter entered into under this
section shall be effective or binding until the same
is approved by the Lieutenant-Governor in Council,
and upon such approval being obtained the agree-
ment shall be legal, valid and binding upon the
Commission and upon the corporation of the muni-
cipality entering into the same and the ratepayers
thereof and shall not be open to question in any
Court.

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

179

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No. 180

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Dominion Agricultural Credit Company, Limited.

Mr. Henry (East York)

TO RONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 180

1931

BILL

An Act respecting Dominion Agricultural Credit
Company, Limited.

Preamble. T"TE THEREAS Dominion Agricultural Credit Company,
W Limited, has been incorporated under The Companies
Act of Canada by letters patent issued by the Secretary of
State for Canada under date of the 23rd day of January,
1931, with power, among other things, to provide financial
assistance for those engaged or about to engage in the breed-
ing, raising and marketing of livestock and in other agricul-
tural pursuits; to carry on any such business itself, and to
produce, manufacture, acquire, keep, dispose of, ship and
deal in agricultural and other products and goods, wares and
merchandise of all kinds, and to invest and deal with the
moneys of the company not immediately required, all as
more fully set out in the said letters patent;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

Power of
insurance
company,
trust com-
pany, etc.,
to acquire,
hold and
dispose of
shares of
Dominion
Agricultural
Credit
Company.

Commence-
ment of Act.

1. Notwithstanding anything contained in The Insurance
Act, The Loan and Trust Corporations Act or any other Act,
an insurance company, a trust company, a loan corporation
or a loaning land corporation subject to the jurisdiction of the
Legislature of Ontario shall have power to acquire, hold and
dispose of shares of the capital stock of Dominion Agricultural
Credit Company, Limited.

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

180

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No. 180

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act respecting Dominion Agricultural Credit Company, Limited.

Mr. Henry (East York)

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 180

1931

BILL

An Act respecting Dominion Agricultural Credit
Company, Limited.

Preamble. TTTHEREAS Dominion Agricultural Credit Company,
W Limited, has been incorporated under The Companies
Act of Canada by letters patent issued by the Secretary of
State for Canada under date of the 23rd day of January,
1931, with power, among other things, to provide financial
assistance for those engaged or about to engage in the breed-
ing, raising and marketing of livestock and in other agricul-
tural pursuits; to carry on any such business itself, and to
produce, manufacture, acquire, keep, dispose of, ship and
deal in agricultural and other products and goods, wares and
merchandise of all kinds, and to invest and deal with the
moneys of the company not immediately required, all as
more fully set out in the said letters patent;

Therefore, His Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:

Power of
insurance
company,
trust com-
pany, etc.,
to acquire,
hold and
dispose of
shares of
Dominion
Agricultural
Credit
Company.

Commence-
ment of Act.

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

180

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No. 181

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to confer upon the Supreme Court certain Powers in
Actions for Divorce.

Mr. Price

TORONTO

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

No. 181

1931

BILL

An Act to confer upon the Supreme Court certain
Powers in Actions for Divorce.

Alimony.

1. In any action for divorce or to declare the nullity of
any marriage, the Court may order that the husband shall
secure to the wife, unless she has been guilty of adultery,
such gross sum of money or annual sum of money for any
term, not exceeding her life, as, having regard to her fortune,
if any, and to the ability of the husband and to the conduct of
the parties, may be deemed reasonable and may suspend the
pronouncement of the judgment absolute until all necessary
deeds and instruments have been executed.

Alimony. 2. — (1) In addition to or in substitution for an order under

the preceding section the Court may direct the husband to
pay to the wife, unless she has been guilty of adultery, during
the joint lives of the husband and wife and so long as she
remains chaste such monthly or weekly sum for her support
and maintenance as the Court may think reasonable.

Proviso
when order
may be
changed.

Provided that, —

(a) If the husband after any such order becomes, from
any cause, unable to make the payments, the
Court may discharge or modify the order or tem-
porarily suspend the order in whole or in part and
may subsequently revive it in whole or in part as
may be deemed proper.

(b) If the means of the husband shall at any time after
the making of such order be increased, the Court
may, if it is deemed proper, increase the amount
payable under any such order.

181

Explanatory Notes

Preliminary Note: The m^iin purpose of this Act is to confer upon
the Ontario courts the same powers as those possessed by the Courts in
England in divorce proceedings. The Parliament of Canada in 1930
conferred upon the Supreme Court of Ontario jurisdiction in certain cases
to dissolve marriage wiiere, accordingtothelawof England on the 15th day
of July, 1870, a decree of divorce might be granted. Questions dealing with
property and civil rights as the result of the granting of the divorce are
within the jurisdiction of the province, and it is deemed necessary to
provide ancillary legislation conferring power upon the Courts to deal
with these matters.

1. This provision is taken from section 190 of the English Judicature
Act of 1925 and authorizes the Court to direct a husband to make pro-
vision out of his property for his wife.

2. This provision is also taken from the same section of the English
Act and enables the Court to direct payment of alimony by instalments
in lieu or in addition to the provision made by the preceding section.

181

Interim
alimony,

Power of
court to
order

settlement
of wife's
property.

(2) The Court shall have the same power to make an
order for the payment of interim alimony as in the case of
an action for alimony.

3. If a judgment for divorce is pronounced by reason of
the adultery of the wife and it appears that the wife is entitled
to property either in possession or reversion, the Court may
order such settlement as it thinks reasonable of her property
or any part thereof for the benefit of the children of the
marriage or their issue or any or either of them.

Power of 4. If a judgment for divorce is pronounced and it appears

make orders that a marriage settlement has been made, the Court may
tfo*n°of^^^'''^ make such order with reference to the application of the whole
settled or any part of the property settled for the benefit of the

property. ,.,,,, -i/^ i hi

children of the marriage as the Court may under all the
circumstances of the case deem proper.

Power as to
custody of
children.

5. — (1) In any action for divorce the Court may from
time to time and either before or after the judgment absolute,
make such provision as appears to be just with regard to
the custody, maintenance and education of the children of
the marriage and may direct payment by either the father
or the mother of such sum as may be necessary for the due
care, maintenance and education of the children of the
marriage.

Who may (2) An application under this section may be made by

application, either husband or wife or by the children by their next friend

either at the hearing of the case or upon summary application

therein.

After divorce 6. After the granting of a judgment absolute of divorce
a. feme sole. the wife shall be regarded as a feme sole so far as her property
and her right to ct)ntract are concerned.

Rules made
confirmed
with right
to lepeal,
amend, etc.

7. The rules passed by the Judges of the Supreme Court
relating to the cond-uct of matrimonial causes are confirmed
and declared to have the same force and effect as if they were
embodied in this Act, but the Judges may nevertheless from
time to time pass rules for the repealing, amending or varying
the same.

Commence- 8. This Act shall come into force on the day upon which

ment of Act. . . i t-. i a i i h i h •

it receives the Koyal Assent and shall apply to all actions
pending at the date when this Act comes into force.

181

3. This section is taken from section 191 of the English Act. It
enables the Court to direct settlement out of the property of a guilty wife
for the benefit of the children, issue of the marriage.

4. This provision is taken from section 192 of the English Act for the
purpose of enabling the Court to deal with property covered by an existing
marriage settlement. It is necessary as such settlements might not provide
for the maintenance of the children of the marriage.

5. This section is based upon section 193 of the English Act and is
intended to give the Court full power to deal with the custody, main-
tenance and education of the children of divorced parents.

6. This section is passed for the purpose of removing all doubts as to
the wife's rights as to her property and contracts after the granting of a
divorce.

7. This section is based upon section 108 of The Judicature Act which
confirms the then existing rules. The object is to prevent discussion of
the question where the provisions of the rules exceed the powers conferred
upon the judges under section 108.

These rules were passed after conference with a Committee of the
Benchers of the Law Society and have the approval of that Committee.

181

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No. 181

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to confer upon the Supreme Court certain Powers in

Actions for Divorce.

Mr. Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 181

1931

BILL

An Act to confer upon the Supreme Court certain
Powers in Actions for Divorce.

HIS MAJESTY, by and with the advice and consent of
the Legislative Assembly of the Pro^'in^e of Ontario,
enacts as follows:

Short title. 1. This Act may be cited as The Matrimonial Causes Act,
193 J.

Alimony. 2. In any action for divorce or to declare the nullity of

any marriage, the Court may order that the husband shall
secure to the wife, unless she has been guilty of adultery,
such gross sum of money or annual sum of money for any
term, not exceeding her life, as, having regard to her fortune,
if any, and to the ability of the husband and to the conduct of
the parties, may be deemed reasonable and may suspend the
pronouncement of the judgment absolute until all necessary
deeds and instruments have been executed.

Alimony. 3. — (1) In addition to or in substitution for an order under

Proviso
when order
may be
changed.

Provided that, —

(b) If the means of the husband shall at any time after
the making of such order be increased, the Court
may, if it is deemed proper, increase the amount
payable under any such order.

181

(2) The Court shall have the same power to make an aJitnony.
order for the payment of interim alimony as in the case of
an action for alimony.

4. If a judgment for divorce is pronounced by reason of Power of
the adultery of the wife and it appears that the wife is entitled order

, , •,, • • • ^1 /^ , settlement

to property either m possession or reversion, the Court may of wife's
order such settlement as it thinks reasonable of her property P''°P®'"*y-
or any part thereof for the benefit of the children of the
marriage or their issue or any or either of them.

5. If a judgment for divorce is pronounced and it appears Power of
that a marriage settlement has been made, the Court may make orders
make such order with reference to the application of the whole tTon^of^'''"^'^'
or any part of the property settled for the benefit of thepr"p|rty.
children of the marriage as the Court may under all the
circumstances of the case deem proper.

6. — (1) In any action for divorce the Court may from Power as to
time to time and either before or after the judgment absolute, < biMren
make such provision as appears to be just with regard to
the custody, maintenance and education of the children of
the marriage and may direct payment by either the father
or the mother of such sum as may be necessary for the due
care, maintenance and education of the children of the
marriage.

(2) An application under this section may be made by^^j^^"^^^'
either husband or wife or by the children by their next friend application,
either at the hearing of the case or upon summary application
therein.

7. After the granting of a judgment absolute of divorce ^fter divorce
the wife shall be regarded as a. feme sole so far as her property a feme sole
and her right to contract are concerned.

8. The rules passed by the Judges of the Supreme Court ^o"fl?mld'^®
relating to the conduct of matrimonial causes are confirmed to'^i^pelV.'^
and declared to have the same force and effect as if they were^"^^"^^- »t^"
embodied in this Act, but the Judges may nevertheless from

time to time pass rules for the repealing, amending or varying
the same.

9. This Act shall come into force on the day upon which nie^t"oTAtt.
it receives the Royal Assent and shall apply to all actions
pending at the date when this Act comes into force.

181

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No. 182

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The Statute Law Amendment Act, 1931.

Mr, Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 182

1931

BILL

The Statute Law Amendment Act, 1931.

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

1. The Public Officers' Fees Act is amended by adding

Rev, Stat.,
c. 19

amended. thereto the following section:

COMPULSORY RETIREMENT OF OFFICERS.

Compulsory
retirement
of officers.

13. An officer, other than a sheriff, to whom this Act
applies shall cease to hold office upon attaining the
age of eighty years and the appointment of his
successor.

Rev. Stat.. 2. Subsection 2 of section 82 of The Judicature Act is

c 88 s 82

subs.' 2,' ' amended by adding after the words "Crown and Pleas" in
the first line of clause a, the words "or a local registrar," so.
that the subsection will now read as follows:

Certain
officers
paid by
salary may
talce fees.

(2) Subsection 1 shall not apply to the fees of, —

(a) a deputy clerk of the Crown and Pleas, or a
local registrar on an examination had before
him as a special examiner or on a reference
made to him as an official referee.

{b) a stenographic reporter for copies of short-
hand notes of evidence, who shall be entitled
to take the fees prescribed by Order-in-
Council.

^^^;o^*^*■^o 3. — (1) Subsection 1 of section 12 of The Devolution of

c. 148, s. 12, . . II •

subs. 1. Estates Act is amended by inserting after the word "Act in

the sixth line the words and figures "and subject to sub-
section 6 of section 55 of The Registry Act,'' so that the
subsection will now read as follows:

182

Explanatory Notes

Section 1. The proposed section will apply to registrars of deeds,
surrogate court clerks, clerks of the peace and crown attorneys, and local
registrars of the Supreme Court. It does not apply to sheriffs who are
under Part III of The Public Service Act.

Section 2. The object of this amendment is to place the local registrar
in the same position as a deputy clerk of the Crown and Pleas as to the
right to receive fees when acting as special examiner on a reference made
to him as an official referee. There is only one deputy clerk of the Crown
and Pleas, the office having been superseded by that of local registrar
and there does not appear to be any good reason for a distinction between
the two offices.

Section 3. — (1) This amendment is to conform with the amendments
made to The Registry Act (See subsection 3 of section 6 of this Bill) and
The Land Titles Act (See section 7 of this Bill) to the effect that no property
shall be vested after the three year period until the consent in writing of
the Treasurer of Ontario has been obtained.

182

real* esfate (^^ -^^^^ property not disposed of, conveyed to, divided

of wfthm*^^'^ °'" distributed among the persons beneficially

three years. entitled tfiereto, under the provisions of section 20,

by the personal representative within three years
after the death of the deceased shall, subject to
The Land Titles Act in the case of land registered
under that Act, and subject to subsection 6 of
section 55 of The Registry Act and subject as herein-
after provided, at the expiration of that period,
whether probate or letters of administration have or
have not been taken, be thenceforth vested in the
persons beneficially entitled thereto under the will or
upon the intestacy or their assigns without any
conveyance by the personal representative unless
such personal representative, if any, has registered
in the proper registry or land titles office, a caution.
Form I, under his hand, and if such caution is so
registered such real property or the part thereof
mentioned therein shall not be so vested for twelve
months from the time of registration of such caution
or of the last caution if more than one are registered.

0^^148^*8*12, (2) Subsection 7 of the said section 12 is amended by
aniended. Striking out all the words after the word "situate" in the
thirteenth line.

c^Ysi^*^*" '*• ^^^ Public Trustee Act is amended by adding thereto
amended. the following section :

comrmttee of ^^- — (1) ^^^ Public Trustee shall be ex officio committee

pe*rscHfs*in °^ *^^ estate of every person who has no other

certain committee and is detained as an insane person in any

Dominion . ii-ii •• c a *

hospitals. hospital established under the provisions oi An Act

to confer Certain Powers respecting Hospitals on
the Lieutenant-Governor in Council being chapter
108 of the Ontario Statutes for 1920.

co°mmftt^ee. (2) The Public Trustee as such committee shall have

similar powers and authority with regard to the
estates of such persons as he has with regard to the
estates of persons confined in the Ontario Hospitals
for the Insane.

c^Y54?*s^*5, ^- — (1) The clause lettered 6 in section 5 of The Quieting
amended Titles Act is amended by adding at the end thereof the words
"save and except mortgages of which discharges have been
registered more than ten years prior to the date of the appli-
cation and the discharges of such mortgages," so that the
clause will now read as follows:

182

(2) The words struck out deal with the matter taken care of by the
amendments to The Registry Act and The Land Titles Act.

Section 4. This empowers the Public Trustee to act as committee,
with similar authority and powers in regard to estates of persons confined
in Dominion hospitals for the care of returned soldiers, as he has for
persons confined in Ontario hospitals for the Insane. The Act of 1920
confirmed an agreement between the Dominion Government and the
Province as to these institutions

Section 5. — -(1) The Master in charge of The Quieting Titles Act is
able to dispense with part of the abstract of title but cannot dispense with
the production of all the instruments afTecting the title or certified copies,
even though by reason of section 8 of The Registry Act, 1929, certain
mortgages and discharges are ruled off the abstract. The proposed
amendment does not dispense with the production of deeds and certified
copies thereof but does dispense with the production of all mortgages of
which the discharges have been registered more than ten years prior
to the date of the application.
182

Registered
instruments.

(b) certified copies of all registered instruments, or
registered memorials of instruments, affecting the
land, or of all since the last judicial certificate, if any,
under this Act, up to the time of the granting of the
certificate of title save and except mortgages of
which discharges have been registered more than
ten years prior to the date of the application and the
discharges of such mortgages.

Rev. Stat.,
c. 154, 8. 9,
amended.

(2) Section 9 of The Quieting Titles Act is amended by
adding at the end thereof the following words "and the pro-
duction of a certificate from the Treasurer of Ontario that all
claims for succession duty in respect of the land to be included
in the certificate have been satisfied," so that the section
will now read as follows:

Taxes must
be paid
except for
current year.

9. Before a certificate of title is granted satisfactory
evidence shall be given by certificate, af^davit or
otherwise, that all taxes, rates and assessments for
which the land is liable have been paid, or that all,
except those for the current year, have been paid,
and the production of a certificate from the Treasurer
of Ontario that all claims for succession duty in
respect of the land to be included in the certificate
have been satisfied.

?^i54^*s*'22 ^^"^ Subsection 1 of section 22 of The Quieting Titles Act
siibs. i, ■ 'is amended by adding thereto the following clause:

amended.

(g) Any claim for succession duty.

?^i55^*s*i4 6.— (1) Subsection 2 of section 14 of The Registry Act is
subs. 2 ' repealed and the following substituted therefor:

repealed. ^ °

(2) No registrar, deputy registrar or clerk in a registry
ofifice shall personally or as a member of a firm
carry on a loaning business or be in any way con-
nected with a firm which transacts business with the
office of the registrar.

^^155^*8* '21 (^^ Subsection 8 of section 21 of The Registry Act as

subs. 8, ■ ' amended by section 3 of The Registry Act, 1929, is further

amen e . amended by inserting after the word "administration" in the

second line the words "general appointment of new trustees,"

so that the subsection will now read as follows:

General
registry
book, —
what to be
used for.

(8) The general register shall be used for recording wills,
probates, grants of administration, general appoint-
ment of new trustees, certificates of judgment or
orders of any court removing or appointing executors,
administrators, guardians or trustees and powers of

182

(2) The effect of this amendment is that before a certificate of title
is granted the succession duty must be paid and a ceijificate filed with
the proper officer.

(3) This provides that any claim for title under this Act is subject to
a claim for succession duty unless the contrary is expressly stated.

Section 6. — (1) As the law stands at present a registrar and a deputy
registrar, if they hold mortgages or have money invested in mortgages
personally are prohibited from exercising the power of sale contained in
the mortgage, nor can they take foreclosure proceedings. Some registrars
and deputy registrars holding mortgages have taken these proceedings
and serious objection myght be taken to the title. By the proposed
amendment these rights are granted to them.

(2) By the present Act an appointment of new trustees is an extremely
difficult instrument to prepare as usually there are a very great number
of parcels and pieces of land affected by the original trust deed making
it a great expense and very difficult to search. The proposed amendment
would permit the registration of a general appointment of new trustees
under the general register. This would mean that in the future all parties
would search the general register for deeds and new appointments of this
nature, cutting down expense and simplifying searches.

182

attorney in which there is a general devise or power
affecting land without local description, and claims
for lien under The Mechanics' Lien Act against land
which constitutes the line of railway or right-of-
way of a railway company, and also certificates of
amalgamation of loan corporations, and where a
mortgage of railway or other lands was registered
prior to the 1st day of April, 1899, in the general
register of any registry division, a discharge of such
mortgage or a reconveyance of the mortgaged
premises may be registered therein.

0^^155^*8 *'55 ^^) Section 55 of The Registry Act is amended by adding
amended. thereto the following subsection :

(6) Subject to the provisions of subsection 4, whether
letters probate or letters of administraton have or
have not been granted, no deed, grant, conveyance,
mortgage, assignment of mortgage, discharge of
mortgage or other instrument purporting to convey,
transfer or assign, —

{a) any property standing in the name of a
deceased person or held in trust for him or
in the names of a deceased person and any
other person;

. {b) any property over which the deceased person
had, at the time of his death a general power
of appointment;

(c) any property in which the deceased person
at the time of his death had any beneficial
interest whatsoever, either at law or in equity;

iji) any property standing in the name of the
personal representative of a deceased person
or in the names of such personal representatives
and any other person;

(e) any property standing in the name of a
devisee or beneficiary derived under the will
of a deceased person or in the name of such
devisee or beneficiary and any other person,

shall be registered, unless the consent in writing of the
Treasurer of Ontario is attached thereto, and until
such consent is given (notwithstanding anything
contained in The Devolution of Estates Act) any
land so conveyed shall not vest in the person bene-
ficially entitled thereto or his assigns or any person
claiming under him.

182

(3) This amendment provides that after the death of any owner of
land no deed, grant, conveyance, etc., shall be registered until the consent
of the Treasurer of Ontario is obtained.

182

JYss^*^*" '^- ^^^ Land Titles Act is amended by adding thereto the
amended. following section :

61a. Notwithstanding anything contained in The Devo-
lution of Estates Act, or this Act, no executor, ad-
ministrator, devisee, beneficiary, heir, or any person
interested in any freehold or leasehold land, or in
any charge or interest therein, shall, by reason of the
death of any registered owner of any such land,
charge or interest in land be entered as owner until
the consent in writing of the Treasurer of Ontario is
obtained,

f^xii'^'sS', 8. Subsections 2 and 3 of section 7 of The Conditional
repealed.^' '^^^^•^ ^^^ are repealed and the following substituted therefor:

notfce^of (2) Where the purchase price of the goods exceed $30

to*seii!°'^ and the seller or lender intends to look to the

purchaser or hirer for any deficiency on a resale, the
goods shall not be resold until after notice in writing
of the intention to sell has been given to the pur-
chaser or hirer or his successor in interest.

t^^'conLfn^^ (2a) The notice shall contain,—

(a) a brief description of the goods;

{b) an itemized statement of the balance of the
contract price due and the actual costs and
expenses of taking and keeping possession
up to the time of the notice;

(c) a demand that the amount as stated in the
notice shall be paid on or before a day men-
tioned which day shall not be less than
twenty days from the day of retaking pos-
session of the goods;

{d) a statement that, unless the amount stated in
the notice is paid within the time mentioned,
the goods will be sold either at private sale
or advertised and sold by public auction,
and that the seller or lender intends to look
to the purchaser or hirer for any deficiency
occasioned by any resale.

notice.^ °^ (^) The notice shall be served personally upon or left at

the residence or last known place of abode in Ontario

of the purchaser or hirer or his successor in interest

at least five days before the date set out in the

. notice for payment or may be sent by registered

182

Section 7. The effect of this amendment is that there shall be no
dealing with land by reason of the death of the registered owner unless
and until the consent in writing of the Treasurer of Ontario is obtained.

Section 8. It has been held by the Britigh Columbia courts and the
decision has been followed in Ontario by the Appellate Division that the
words "intended sale" which appear in the present subsection 2 of section 7
mean that an actual purchaser has been found at a definite price. In
Nova Scotia the words "intention to sell" are used instead of "intended
sale" and the proposed subsection makes this change.

Subsection 2a specifies what is to be set out in the notice.

The present subsection 3 provides that notice shall be given at least
five days before "the sale." The proposed subsection provides that the
notice shall be given at least five days before "the date set out in the
notice."

182

post at least seven days before such date set out in
the notice for payment addressed to the purchaser
or hirer or his successor in interest at his last known
post office address.

^^JiT^^s.^^TO, ^- Section 70 of The Telephone Act is amended by inserting
amended. after the word "subscribers" where it occurs the second time
in the second line the words "or the presence in person of at
least twenty-five subscribers or one-tenth of all the sub-
scribers," so that the section will now read as follows:

Quorum,
proxies.

70. The presence in person or by proxy of at least
fifty subscribers or of one-fourth of all the sub-
scribers, or the presence in person of at least twenty-
five subscribers or one-tenth of all the subscribers
shall be necessary to constitute a quorum at general
meetings, and the instrument appointing a proxy
shall be in writing under the hand of the appointer,
or if such appointer is a corporation, under its
common seal and shall be attested by at least one
witness and no person shall be appointed a proxy who
is not a subscriber.

Rev. Stat,
c. 280,
amended.

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

Investigator
in unorgan-
ized districts
authorized
to take
affidavits,
etc.

8c. The investigator in every unorganized district shall
for the purposes 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.

f^Iii^s^'i H- Subsection 1 of section 2 of The Juvenile Courts Act
subs, i, is amended by striking out the words "and residence in the

county for which he is appointed" in the third and fourth
lines, so that the subsection will now read as follows:

amended.

Judge, —
appoint-
ment of.

(1) The judge of a juvenile court shall be appointed by
the Lieutenant-Governor in Council and shall hold
office during good behaviour and shall be subject
to removal by the Lieutenant-Governor in Council.

?®233^*s*'45 12- — (1) Section 45 of The Municipal Act is amended by
amended. adding thereto the following subsection :

Vote of
reeve and
deputy reeve
in towns,
villages and
townships.

Section 9. The Commissioners for a number of telephone systems
operated by the municipalities under the provisions of Part II of The
Telephone Act have found it impossible to secure the presence of a sufficient
number of subscribers at the annual and other meetings to comply with
the requirements of section 70 as now in effect, the result being that the
business transacted at meetings not having a legal quorum is in danger
of being declared invalid. It is of the utmost importance that proceedings
at such meetings should not be open to question by reason of the fact
that the Act requires a quorum, which experience has proved in a number
of cases, it is impossible to secure.

Section 10. In connection with applications under The Mothers'
Allowances Act it is necessary to produce affidavits. The residents in
outlying districts in getting such affidavits may be forced to travel for
miles which means both time and expense to them. This would be
eliminated by the proposed amendment.

Section 11. Many of the juvenile court judges are appointed for a
city and some of the judges who were living in the city at the time of their
appointment have since moved out into the country and may now be a
resident of a county where the Juvenile Delinquent's Act has not been
proclaimed. Objection might be taken to their jurisdiction in regard to
appointment and the proposed amendment is to get over this objection.

Section 12. The aim of this section is to clarify certain obscurities in
respect to the voting rights of reeves and deputy reeves as members of
county councils when the change in representation comes into effect for
1931. Subsection 4 is necessary to protect the position of the reeve and
deputy reeves of York and North York Townships who are elected under
special Acts.

182

3,000 municipal electors the reeve and the deputy
reeve shall as members of the county council each
have an additional vote.

c^^233^*s.*'5i, (2) Subsection 1 of section 51 of The Municipal Act as

W^sb^ enacted by section 2 of The Municipal Amendment Act, 1930,

amtnded^^' ^^ amended by striking out all the words therein after the

figures "1,000" in the third line and inserting in lieu thereof

the words "municipal electors to a deputy reeve," so that the

subsection will now read as follows:

Deputy-
reeves in
towns,
villages and
townships.

(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 municipal electors
to a deputy reeve.

Commence- (3) Subsections 1 and 2 shall come into force at the time

ment of ^ '

subss. 1 and necessary and shall take effect for the purpose of the annual
municipal elections for the year 1932 and for all purposes
shall come into force on the 1st day of January, 1932.

Saving as to (4) Nothing in this section nor in section 2 of The Municipal

York and Amendment Act, 1930, shall relate to or in any way affect

Nor or . ^j^^ Townships of York and North York in respect to the

reeves and deputy reeves thereof respectively or as members

of the county council of the County of York.

13. Section 40 of The Assessment Act is amended by

Rev. Stat.,

amended. adding thereto the following subsections:

Income
from mining
reserves
to be
assessable.

(12) The income from a rest or reserve or surplus fund
established by the owner or operator of a mine or
mineral work insofar as it is, with accrued interest
thereon, derived from the profits of the mine shall
be assessed by and the tax leviable thereon shall be
paid to the municipality within which such mine or
mineral work is situate.

Apportion-
ment of
assessment
where mine
situate in
two or more
munici-
palities.

(13) Where such fund is derived in whole or in part
from a mine or mineral work situate partly in one
municipality and partly in another each muni-
cipality shall have power to assess and tax the income
from so much of such fund as was derived from
the profits of that part of the mine or mineral work
situate in the municipality assessing.

Returns of
income to
be made.

(14) It shall be the duty of the owner, manager, holder,
tenant, lessee, occupant or operator of the mine or
mineral work to make a return to the assessor of the
municipality, when required by him showing the
total amount of such fund and the amount of income

182

Section 13. Mines being subjected only to a limited assessment for
real property and income, it is reasonable that income from reserves should
be taxed and that the tax go to the municipality in which the mine is
situate. The procedure for fixing such taxation is more readily available
under The Mining Tax Act than under The Assessment Act as municipa
courts of revision have not the advantages possessed by the Mining
Assessor, who is to determine disputes as to assessment of income from
reserves.

182

received from it during the year ending on the 31st
day of December then last past and also in the
case of a mine or mineral work situate in more than
one municipality the amount of such fund derived
from the profits of that part of the mine or mineral
work situate in each municipality and the pro-
visions of section 23 shall apply in respect of such
return.

Mining
Assessor to
settle
disputes.

(15) Notwithstanding anything in this Act contained
any dispute arising in respect to any of the matters
covered by subsections 12, 13 and 14 shall be
determined by the mine assessor on an application
to him, and for such purpose he may exercise the
powers conferred on him by The Mining Tax Act
and his determination of the dispute shall be final
and binding and without appeal.

Rev. Stat..
c. 354,
amended.

14. The Psychiatric Hospitals Act is amended by adding
thereto the following section :

Post-
graduate
courses,
etc., in
psychiatry.

20. The Minister may direct the establishment and
maintenance of post graduate courses and clinical
and laboratory research at a psychiatric hospital to
be carried on in accordance with any regulations
which may be made respecting the same.

1929,

C. 14, s. 4,
amended.

15. — (1) Section 4 of The Provincial Forests Act, 1929,
is amended by inserting after the word "shall" in the fourth
line the words "except where the Lieutenant-Governor in
Council may otherwise direct," so that the section will now
read as follows:

Lands
reserved,
not to be
located, sold,
etc.

From and after the date hereof as to the provincial
forests set out in the schedule hereto, and from and
after the date of any proclamations issued under
the authority of this Act, no land within any such
forests shall, except where the Lieutenant-Governor
in Council may otherwise direct, be located, sold,
leased or otherwise disposed of for the purposes of
agricultural settlement.

1929, C. 14,
sched. "A,"
amended.

(2) Schedule "A" to The Provincial Forests Act, 1929,
is amended by adding to the description of Timagami Pro-
vincial Forest the words "excepting therefrom that portion
of the Township of Lorrain which was included in said Timber
License (1927-1928) number 163," so that the said description
will now read as follows:

182

Section 14. The object of this amendment is to ensure that the medical
profession will become better versed in psychiatry by means of post
graduate courses, etc., in that branch of science.

Section 15. — (1) Section 4 of The Provincial Forests Act, 1929, prohibits
the location or sale of lands in provincial forests for agricultural purposes.

(2) In The Provincial Forests Act, 1929, an error was made in including
in the description of the Timagami Forest Reserve a part of the Township
of Lorrain which was not included in Timber License (1927-1928) number
163.

182

TIMAGAMI PROVINCIAL FOREST,

That area known as the Timagami Forest Reserve,
comprising 5,830 square miles more or less with the
following addition thereto, namely: Timber License
(1927-1928) number 163, comprising 100 square
miles more or less excepting therefrom that portion
of the Township of Lorrain which was included in
said Timber License (1927-1928) number 163.

Application
of 1930.
c. 21, s. 18.

16. Section 18 of The Statute Law Amendment Act, 1930,
shall not apply, or since it came into force be deemed to have
applied to any hospital which at the time the said Act was
passed was receiving, or under any Order-in-Council was
entitled to receive aid by reason of it not having been estab-
lished for a period of ten years, or to the Victoria General
Hospital at Renfrew, the Plummer Memorial Public Hospital
at Sault Ste. Marie, the General Hospital at Port Arthur,
and the Misericordia Hospital at Haileybury, and aid may
be granted and continued to any hospital to which the said
section 18 is, by virtue hereof, not to apply as may be directed
by the Lieutenant-Governor in Council.

1930.

c. 115, s. 27, . 1 ,

repealed. IS repealed.

17. Section 27 of The Niagara Peninsula Sanatorium Act

Public 18. The Public Utilities Commission of the City of St.

Commission Catharines, formerly the Hydro-Electric Commission of the
Catharines City of St. Catharines, is declared to have been from the 1st
bril^?diy° day of January, 1914, validly established under the pro-
estabiished. visions and for the purposes of The Public Utilities Act, and

By-law number 4013 of the corporation of the City of St.

Catharines relating thereto is hereby confirmed.

By-law
No. 1326 of
town of
Walkerville
confirmed.

19. By-law Number 1326 of the corporation of the Town of
Walkerville providing for the construction of a subway under
the tracks of the Pere Marquette and the Lake Erie and
Detroit River Railway Companies in the Town of Walkerville
authorized by the Board of Railway Commissioners for
Canada, and By-law Number 1327 of the said corporation
authorizing the acquisition of lands for such purposes, are
hereby confirmed and declared to be legal, valid and binding
upon the said corporation and the ratepayers thereof, and
the construction of the said work and the acquisition of the
said lands, hereinafter referred to as the undertaking, and all
temporary advances heretofore or hereafter obtained to
meet the cost of the undertaking pending the completion of
it shall conclusively be deemed to have been legally under-
taken, authorized and obtained, and the council of the said
corporation may when the said undertaking has been com-

182

Section 16. For a further limited period it is desirable to extend pro-
vincial aid to the public hospitals referred to in this section which prior
to 1930 they had been receiving or which upon their recent establishment
it was anticipated would be continued.

Section 17. The repealed section directly conflicts with the new
Sanatoria for Consumptives Act, 1931.

Section 18. When the Public Utilities Commission came into existence
in St. Catharines in 1914 an irregularity of procedure for establishment
occurred which it is desirable to overcome by this validation.

Section 19. The subway work, etc., covered by the by-law of Walker-
ville which is confirmed was undertaken as an unemployment relief work
and as there is some doubt as to The Unemployment Relief Act, 1931
being applicable it is desirable to confirm the by-law and all proceedings
in relation thereto.

182

pleted pass a by-law or by-laws to borrow on the credit of the
corporation by the issue and sale of debentures, payable in
not more than thirty years from the date thereof, such sums
or sums as may be necessary to repay the said temporary
advances and to defray the cost of the said undertaking,
after deducting any contributions made towards the cost
thereof, and no such by-law or by-laws shall require the
assent of the electors entitled to vote on money by-laws
or the approval of the Ontario Railway and Municipal
Board under the provisions of The Municipal Act.

^®^2i^*8.*i3 20. Subsection 3 of section 13 of The Summary Con-
re^eaied victions Act is repealed and the following substituted therefor:

Certiorari
or motion
therefor not
to be
granted
where defen-
dant has
appealed.

(3) No such order or conviction and no order or con-
viction made on appeal therefrom shall be removed
into the Supreme Court by a writ of certiorari or
motion instead thereof if the defendant has appealed
from such order or conviction to any court to
which an appeal from such order or conviction is
authorized by law.

Rev. Stat.,
c. 223, 8, 148,
subs. 1
(1930, o. ^
C. 42, s. 8),
amended.

21. Subsection 1 of section 148 of The Loan and Trusts
Corporation Act as re-enacted by section 8 of The Loan and
Trusts Corporation Act, 1930, is amended by striking out the
word "verify" in the fourth line and inserting in lieu thereof
the words "inspect and examine," so that the vsaid subsection
will now read as follows:

Annual
inspection
of regist-
ered corpora-
tions.

1928,

c. 33, s. 4,
subs. 1,
amended.

(1) The Registrar shall visit personally or cause a duly
qualified member of his staff to visit at least once
annually the head office of each corporation registered
under this Act, and he shall inspect and examine
the statements of the condition and affairs of each
corporation and make such inquries as are necessary
to ascertain its condition and ability to provide for
the payment of its liabilities as and when they
become due, and whether or not it has complied
with all the provisions of this Act, and the Registrar
shall report thereon to the Minister, as to all matters
requiring his attention and decision.

22. Subsection 1 of section 4 of The Companies Information
Act is amended by striking out the words "unless a corpora-
tion liable to payment of taxes under section 3 of The
Corporations Tax Act'' in the sixth and seventh lines and
inserting in lieu thereof the words "unless a corporation
registered under The Loan and Trust Corporations Act", so
that the first twelve lines of the said subsection will now
read as follows:

182

Section 20. This section is intended to correct a printer's error in the
Revised Statutes of 1927 where a line had been inadvertently omitted
thus destroying the sense of the section.

Section 21. This amends the section in The Loan and Trust Corpora-
tions Act which provides for the annual inspection of registered corporations.
As the section now reads it requires the "verification" of the corporation's
statement. The literal meaning of this word imposes a responsibility on
the Department it was not intended should be assumed. The words
"inspect and examine" more accurately describe the work undertaken
by the Department.

Section 22. This amendment is necessary in order to get returns from
companies as all of them are now paying taxes under The Corporations
Tax. Act.

182

(1) On or before the 1st day of February in each and
every year without notice or demand to that effect,
every corporation incorporated under the laws of
Ontario, and every other corporation having its
head. or other office or doing business or any part
thereof, in the Province of Ontario, shall, unless a
corporation registered under The Loan and Trust
Corporations Act, or unless an insurer licensed under
The Insurance Act, make out, verify and deliver
to the Provincial Secretary as hereinafter required,
a detailed return containing as of the 31st day of
December next preceding, correctly stated, the
following information and particulars:

^®233^*s*23. 23.— (1) Subsection 5 of section 23 of The Municipal Act
amended. jg amended by inserting after the word "village" in the
second line the words "or 500 electors of a city," and by
inserting before the word "town" in the fifth and seventh
lines the word "city" so that the said subsection will now
read as follows:

^^belub- (^) ^^ ^ petition, signed by at least 150 electors of

mitted on a town or village, or 500 electors of a city, praying

petition for . , i- , ^ .

annexation. that it may be annexed to an adjacent urban muni-

cipality, either unconditionally or on such terms
as may be stated in the petition, is presented to
the council of the city, town or village, the council
shall within four weeks after the presentation of the
petition submit to the electors of the city, town or
village for their assent thereto, a by-law providing
for its annexation on the terms mentioned in the
petition.

Rev. Stat., (2) The said section 23 is further amended by adding

c. 233 s. 23 . . J <=>

amended. ' thereto the following subsection :

Amaifeama- (6) The provisions of this section shall mutatis mutandis

urban apply to the amalgamation of two or more urban

paiities. municipalities, including cities, whether adjacent

or not and whether by way of annexation or other-
wise, but no such amalgamation shall be approved
by the Municipal Board until the same has been
assented to by the electors of each such urban
municipality.

Rev. Stat., 24. Sections 17, 18, 26, 27 and 28 of The Children of

18, 26, 27 ' Unmarried Parents Act are amended by striking out the

Amended. words "the Judge" wherever they occur in the said sections

and inserting in lieu thereof the words "a judge."

182

Section 23. Section 23 of The Municipal Act does not contemplate an
amalgamation or annexation of one city with or to another city, and this
amendment is to enable such amalgamation or annexation to take place.

Section 24. This amendment is to permit subsequent applications
being made before a judge other than the one who made the original order.

182

?'^2^33^?380 25.— (1) Subsection 1 of section 380 of The Municipal Act

subs.'i 'is amended by striking out the words "the Inspector of

Prisons and Public Charities" in the fifth and sixth Hnes and

inserting in Heu thereof the words "an inspector appointed

under The Public Institutions Inspection Act, 1931."

?'®233®?393 (^) Subsection 1 of section 393 of The Municipal Act

subs.i 'is amended by striking out the words "the Inspector of

Prisons and PubUc Charities" in the second Une and inserting

in Heu thereof the words "an inspector appointed under

The Public Institutions Inspection Act, 1931."

Rev. Stat.,
c. 345, s. 1,
cl. b,
repealfed.

"Inspector."

26. Clause b of section 1 of The Reformatory Act is repealed
and the following substituted therefor:

(b) "Inspector" shall mean an inspector appointed
under The Public Institutions Inspection Act, 1931.

Rev. Stat., 27. — (1) Clauses a and d of section 1 of The Andrew
cis. a and' d, Mercer Reformatory Act are repealed and the following sub-
repealed, stituted therefor:

'Inspector.'

{a) "Inspector" shall mean an inspector appointed
under The Public Institutions Inspection Act, 1931."

"Inspector." {d) "Regulations" shall rriean regulations made under

The Public Institutions Inspection Act, 1931.

?®346^*s.*i9 (2) Section 19 of The Andrew Mercer Reformatory Act is
repealed. ' repealed.

Rev.^sta^t.^ 28.— (1) Wherever in sections 3, 4, 12 and 13 of The

4, 12 knd 13, Industrial Farms Act the words "one of the inspectors of

prisons and public charities" occur the words "an inspector

appointed under The Public Institutions Inspection Act, 1931,"

are substituted therefor.

i^ev Stat. (2) Section 15 of The Industrial Farms Act is amended by

amended, 'striking out the words "one of the inspectors of prisons and

public charities" at the commencement of the said section and

inserting in lieu thereof the words "an inspector appointed

under The Public Institutions Inspection Act, 1931."

i^ej- Stat 29. Clause a of section 1 of The Gaols Act is repealed and

C. ooX, S. Xj t r * t*

cl. a the followmg substituted therefor:

repealed. °

"Inspector." (a) "Inspector" shall mean an inspector appointed

under The Public Institutions Inspection Act, 1931.

f.^liU'f/i, 30.— (1) Clauses c and g of section 1 of The Hospitals for
repealed*? ^' ^^^ Insane Act are repealed and the following substituted
therefor :

182

Sections 25 to 32. The reasons for the amendments contained in
these sections are simply to avoid the confusion which would arise if the
amendments were not made having regard to the fact that The Prisons
and Public Charities Inspection Act is being repealed and The Public
Institutions Inspection Act, 1931, is being substituted therefor.

182

'Inspector."

"Regula-
tions."

(g) "Regulations" shall mean regulations made under
The Public Institutions Inspection Act, 1931.

?®353^*s.*'6i, (2) Subsection 1 of section 61 of The Hospitals for the
Impended Insane Act is amended by striking out the words "of Prisons
and Public Charities" in the eleventh and twelfth lines.

f.%i,^s^62, (3) Subsection 1 of section 62 of The Hospitals for the

amended Insane Act is amended by striking out the words "of Prisons

and Public Charities" in the second line and in the sixth line.

^®Xv^*^tv 31. — (1) Clause c of section 1 of The Private Sanitarium
ci. c, ' ' ' Act is repealed and the following substituted therefor:

repealed.

"Inspector." (c) "Inspector" shall mean an inspector appointed

under The Public Institutions Inspection Act, 1931.

Rev. Stat..
c. 35.5, s. 70,
repealed.

Rev. Stat.,
c. 356, s. 3,
amended.

(2) Section 70 of The Private Sanitarium Act is repealed.

32. Section 3 of The Ontario Hospital, Woodstock, Act is
amended by striking out the words "The Prisons and Public
Charities Inspection Act'' in the first and second lines and
inserting in lieu thereof the words ''The Public Institutions
Inspection Act, 1931."

c. 189, s. i, 33. — (1) Subsection 1 of section 1 of The Adoption Act
amended. is amended by striking out the words "Attorney General" in

the fourth and fifth lines and inserting in lieu thereof the

words "Minister of Public Welfare."

Rev. Stat.,
c. 189, s. 2,
subs. 1,
repealed.

(2) Subsection 1 of section 2 of The Adoption Act as
amended by subsection 1 of section 2 of The Adoption Act,
1928, is repealed and the following substituted therefor:

When con-
sent of
Minister
to be
obtained.

(1) Except with the consent of the Minister of Public
Welfare an adoption order shall not be made in
any case where, —

(a) the applicant is under the age of twenty-five
years; or

(6) the applicant is less than twenty-one years
older than the infant in respect of whom the
application is made.

c^T89^*s.*'2, (^) Subsection 3 of the said section 2 as amended by
amended clause b of subsection 2 of section 2 of The Adoption Act,

182

Section 33. — ^(1) This amendment Is necessary by reason of the transfer
of this Act to the Department of Public Welfare.

(2) It may be desirable that In certain cases adoption orders be made
even where the applicants are under 25 or not 21 years older than the
Infant, and power Is therefore given for such orders being made If the
Minister consents.

(3) This amendment Is to ensure that persons having lawful control
over an infant as distinct from actual custody shall be notified of any
application for adoption of such Infant.

182

1928, and section 11 of The Statute Law Amendment Act,

1929, is amended by inserting after the word "custody" in
the fourth Hne the words "or lawful control" so that the first
part of the subsection will now read as follows:

Required to C-^) ^^ adoption order shall not be made except with the

ord<fr*^°'^ consent of every person or body who is a parent or

guardian of the infant in respect of whom the
application is made or who has the actual custody
or lawful control of the infant or who is liable to
contribute to the support of the infant:

c^Ys ^s^i" ^^- The clause lettered a in section 1 of The Gasoline
ci- a, lax Act is repealed and the following substituted therefor:

repealed, ^ '^

(a) "Gasoline" shall mean the liquid derived from
petroleum or natural gas commonly known or sold
as gasoline, benzol and all other liquids by whatever
name known or sold, containing any derivative of
petroleum or natural gas and produced, prepared
or compounded for the purpose of generating
power by means of internal combustion or which
may be used for such purpose, except the product
commonly known as kerosene oil.

35. Notwithstanding anything contained in The Insurance
Act, sections 274 and 275 of the said Act shall not be deemed
to be in force until a day to be named by the Lieutenant-
Governor by his Proclamation.

182

Section 34. "Benzol," which is a by-product of coke, is being used
with gasoline, producing what is known as "low test gas." Manufacturers
claim that under the present Gasoline Tax Act they are not compelled to
pay the tax on this particular product because the Act distinctly states
that "gasoline" shall mean the liquid derived from petroleum or natural
gas commonly known or sold as gasoline, or any derivative of petroleum
or natural gas. The practice is to mix fifty per cent, benzol and fifty
per cent, gasoline.

Section 35. The purpose of this is to remove the obligation presently
imposed upon the Department to enforce sections 274 and 275 of The
Insurance Act relating to the regulation of insurance rates. It is necessary
in order to accord with the policy of the government determined after
consideration of the Hodgins Report. The sections may be brought into
force along with section 275a if and when the government determines to
undertake the regulation of insurance rates along the lines recommended
by the Commissioner.

182

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No. 182

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The Statute Law Amendment Act, 1931.

Mr. Price

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 182

1931

BILL

The Statute Law Amendment Act, 1931.

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 PuhUc Officers' Fees Act is amended by adding

c. 19,

amended. thereto the following section:

COMPULSORY RETIREMENT OF OFFICERS.

Compulsory
retirement
of officers.

13. An officer, other than a sheriff, to whom this Act
applies shall cease to hold office upon attaining the
age of eighty years and the appointment of his
successor.

Rev. Stat., 2. Subsection 2 of section 82 of The Judicature Act is

c 88 s 82

siibs." 2," ' amended by adding after the words "Crown and Pleas" in
amen e ^^^ ^^^^ jj^^ ^£ clause a, the words "or a local registrar," so
that the subsection will now read as follows:

Certain
officers
paid by
salary may
take fees.

(2) Subsection 1 shall not apply to the fees of, —

(a) a deputy clerk of the Crown and Pleas, or a
local registrar on an examination had before
him as a special examiner or on a reference
made to him as an official referee.

{h) a stenographic reporter for copies of short-
hand notes of evidence, who shall be entitled
to take the fees prescribed by Order-in-
Council.

Rev Stat., 3, — (\\ Subsection 1 of section 12 of The Devolution of

0. 148, S. 12, ^ ' . .

subs. 1, Estates Act is amended by inserting after the word "Act' in

the sixth line the words and figures "and subject to sub-
section 6 of section 55 of The Registry Act," so that the
subsection will now read as follows:

182

(1) Real property not disposed of, conveyed to, divided ^l^^^^f^^oj
or distributed among the persons beneficially i^ot disposed
entitled thereto, under the provisions of section 20, three years,
by the personal representative within three years
after the death of the deceased shall, subject to
The Land Titles Act in the case of land registered
under that Act, and subject to subsection 6 of
section 55 of The Registry Act and subject as herein-
after provided, at the expiration of that period,
whether probate or letters of administration have or
have not been taken, be thenceforth vested in the
persons beneficially entitled thereto under the will or
upon the intestacy or their assigns without any
conveyance by the personal representative unless
such personal representative, if any, has registered
in the proper registry or land titles office, a caution,
Form I, under his hand, and if such caution is so
registered such real property or the part thereof
mentioned therein shall not be so vested for twelve
months from the time of registration of such caution
or of the last caution if more than one are registered.

(2) Subsection 7 of the said section 12 is amended by c. Tig, s. 12,
striking out all the words after the word "situate" in thel^lnJ^^.
thirteenth line.

4. The Public Trustee Act is amended by adding thereto ^Ysl^*-** ••
the following section : amended.

15. — (1) The Public Trustee shall be ex officio committee ^o^^^^JJi^ttee of
of the estate of every person who has no other ®|*j|^®^g°/
committee and is detained as an insane person in any certain

, ,^ ■' Dominion

hospital established under the provisions of ^« .4c/ hospitals.
to confer Certain Powers respecting Hospitals on
the Lieutenant-Governor in Council being chapter
108 of the Ontario Statutes for 1920.

(2) The Public Trustee as such committee shall have ^o°m^?tt*ee.
similar powers and authority with regard to the
estates of such persons as he has with regard to the
estates of persons confined in the Ontario Hospitals
for the Insane.

6.— (1) The clause lettered h in section 5 of The Quietingf^lii'X^^
Titles Act is amended by adding at the end thereof the words ^'^^-j^^^^j
"save and except mortgages of which discharges have been
registered more than ten years prior to the date of the appli-
cation and the discharges of such mortgages," so that the
clause will now read as follows :

182

Registered
instruments.

(6) certified copies of all registered instruments, or
registered memorials of instruments, affecting the
land, or of all since the last judicial certificate, if any,
under this Act, up to the time of the granting of the
certificate of title save and except mortgages of
which discharges have been registered more than
ten years prior to the date of the application and the
discharges of such mortgages.

Rev. iStat.,
c. 154, s. 9,
amended.

(2) Section 9 of The Quieting Titles Act is amended by
adding at the end thereof the following words ''and the pro-
duction of a certificate from the Treasurer of Ontario that all
claims for succession duty in respect of the land to be included
in the certificate have been satisfied," so that the section
will now read as follows:

Taxes must
be paid
except for
current year.

Before a certificate of title is granted satisfactory
evidence shall be given by certificate, affidavit or
otherwise, that all taxes, rates and assessments for
which the land is liable have been paid, or that all,
except those for the current year, have been paid,
and the production of a certificate from the Treasurer
of Ontario that all claims for succession duty in
respect of the land to be included in the certificate
have been satisfied.

o^T5/*s*'22 ^^) Subsection 1 of section 22 of The Quieting Titles Act
subs, i is amended by adding thereto the following clause:

amended. j a o

(g) Any claim for succession duty.

c^^r55^*s.* i4, 6- — (1) Subsection 2 of section 14 of The Registry Act is
repealed repealed and the following substituted therefor:

Idem.

(2) No registrar, deputy registrar or clerk in a registry
office shall personally or as a member of a firm
carry on a loaning business or be in any way con-
nected with a firm which transacts business with the
office of the registrar.

Rev. Stat.,
c. 155, s. 21,
subs. 8,
amended.

(2) Subsection 8 of section 21 of The Registry Act as
amended by section 3 of The Registry Act, 1929, is further
amended by inserting after the word "administration" in the
second line the words "general appointment of new trustees,"
so that the subsection will now read as follows:

General
registry
book, —
what to be
used for.

182

(3) Section 55 of The Registry Act is amended by adding Rev. stat..
thereto the following subsections : amended. '

(6) Subject to the provisions of subsection 4, whether J]^|*JjM^ents
letters probate or letters of administraton have or la^ids of
have not been granted, no deed, grant, conveyance, owner not
mortgage, assignment of mortgage, discharge of regis^tered
mortgage or other instrument purporting to convey, of ProvPnc^*
transfer or assign, — giv^Jlf"'^^'^

(a) any property standing in the name of a
deceased person or held in trust for him or
in the names of a deceased person and any
other person ;

(6) any property over which the deceased person
had, at the time of his death a general power
of appointment;

(c) any property in which the deceased person
at the time of his death had any beneficial
interest whatsoever, either at law or in equity;

{d) any property standing in the name of the
personal representative of a deceased person
or in the names of such personal representatives
and any other person;

{e) any property standing in the name of a
devisee or beneficiary derived under the will
of a deceased person or in the name of such
devisee or beneficiary and any other person,

182

Issue by-
Treasurer of
general certi-
ficate to
registration.

(7) The Treasurer of Ontario may issue a general certi-
ficate that all succession duty payable in respect to
the estate or any lands forming part of the estate
of a deceased person have been paid and satisfied
or that security for such payment as required under
the provisions of The Succession Duty Act has been
given, and upon registration of the certificate it
shall not be necessary that the provisions of sub-
section 6 be complied with in respect to any lands
described in such certificate.

Certificate
to contain
local

description
of lands.

(8) A certificate to be registered under subsection 7 shall
contain a local description of the lands mentioned
therein and registration thereof shall be made by
production of the original certificate and deposit of
a true copy thereof or of so much thereof as relates
to the lands situate in the registry division for
which the same is to be registered with an affidavit
verifying such copy.

Mode of
recording
general
certificate.

Rev. Stat.,
c. 158,
amended.

Transfer of
interest of
deceased
owner not
to be
entered
without
consent of
Provincial
Treasurer.

Rev. Stat.,
c. 165, s. 7,
subss. 2, 3,
repealed.

Seller's
notice of
intention
to sell.

(9) A certificate registered under subsection 8 shall be
recorded and particulars thereof entered in the same
manner as upon registration of an instrument which
affects land by local description and for the purposes
of this subsection and of subsection 8 "local descrip-
tion" shall have the meaning set forth in subsection 6
of section 32.

7. The Land Titles Act is amended by adding thereto the
following section:

8. Subsections 2 and 3 of section 7 of The Conditional
Sales Act are repealed and the following substituted therefor:

(2) Where the purchase price of the goods exceed $30
and the seller or lender intends to look to the
purchaser or hirer for any deficiency on a resale, the
goods shall not be resold until after notice in writing
of the intention to sell has been given to the pur-
chaser or hirer or his successor in interest.

182

(2a) The notice shall contain, — what notice

^ ■' ' to contain.

(a) a brief description of the goods;

(b) an itemized statement of the balance of the
contract price due and the actual costs and
expenses of taking and keeping possession
up to the time of the notice;

(c) a demand that the amount as stated in the
notice shall be paid on or before a day men-
tioned which day shall not be less than
twenty days from the day of retaking pos-
session of the goods;

(d) a statement that, unless the amount stated in
the notice is paid within the time mentioned,
the goods will be sold either at private sale
or advertised and sold by public auction,
and that the seller or lender intends to look
to the purchaser or hirer for any deficiency
occasioned by any resale.

(3) The notice shall be served personally upon or left at notfce^ °^
the residence or last known place of abode in Ontario
of the purchaser or hirer or his successor in interest
at least five days before the date set out in the
notice for payment or may be sent by registered
post at least seven days before such date set out in'
the notice for payment addressed to the purchaser
or hirer or his successor in interest at his last known
post of^ce address.

9. Section 70 of The Telephone Act is amended by inserting Rev. stat.,

. .c227s70

after the word "subscribers" where it occurs the second time amended,
in the second line the words "or the presence in person of at
least twenty-five subscribers or one-tenth of all the sub-
scribers," so that the section will now read as follows:

70. The presence in person or by proxy of at least Q*^<^^j^^'
fifty subscribers or of one-fourth of all the sub-
scribers, or the presence in person of at least twenty-
five subscribers or one-tenth of all the subscribers
shall be necessary to constitute a quorum at general
meetings, and the instrument appointing a proxy
shall be in writing under the hand of the appointer,
or if such appointer is a corporation, under its
common seal and shall be attested by at least one
witness and no person shall be appointed a proxy who
is not a subscriber.

Rev. Stat.
c. 280,
amended.

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

Investigator
in unorgan-
ized districts
authorized
to take
affidavits,
etc.

Rev Stat ^^' Subsection 1 of section 2 of The Juvenile Courts Act

0. 281 8. 2, is amended by striking out the words "and residence in the
amended. county for which he is appointed" in the third and fourth
lines, so that the subsection will now read as follows:

Judge, —
appoint-
ment of.

Rev Stat ^'^' — ^^^ Section 45 of The Municipal Act is amended by

c. 233, s. 45, adding thereto the following subsection:

amended.

Vote of
reeve and
deputy reeve
in towns,
villages and
townships.

(2) Where a town not being a separated town, or a
village, or a township in a county, has more than
2,000 and not more than 3,000 municipal electors
the reeve shall as a member of the county council
have an additional vote, and where it has more than
3,000 municipal electors the reeve and the deputy
reeve shall as members of the county council each
have an additional vote.

Rev. Stat.,

c. 233, s. 51

subs. 1

(1930,

c. 44, s. 2),

amended.

(2) Subsection 1 of section 51 of The Municipal Act as
enacted by section 2 of The Municipal Amendment Act, 1930,
is amended by striking out all the words therein after the
figures "1,000" in the third line and inserting in lieu thereof
the words "municipal electors to a deputy reeve," so that the
subsection will now read as follows:

Deputjf
reeves in
towns,
villages and
townships.

(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 municipal electors
to a deputy reeve.

Commence- (3) Subsections 1 and 2 shall come into force at the time
subss.^i and necessary and shall take effect for the purpose of the annual
municipal elections for the year 1932 and for all purposes
shall come into force on the 1st day of January, 1932.

Saving as to (4) Nothing in this section nor in section 2 of The Municipal
Yo'rk^and ^^ Amendment Act, 1930, shall relate to or in any way affect

North York.

182

the Townships of York and North York in respect to the
reeves and deputy reeves thereof respectively or as members
of the county council of the County of York.

13. Section 40 of The Assessment Act is amended by ^^JggS*^*^-^^
adding thereto the following subsections: amended.

(11) The income from a rest or reserve or surplus fundj^come

,,.,,,, . ^ . from mming

established by the owner or operator ot a mme or reserves
mineral work insofar as it is, with accrued interest assessable,
thereon, derived from the profits of the mine shall
be assessed by and the tax leviable thereon shall be
paid to the municipality within which such mine or
mineral work is situate.

(12) Where such fund is derived in whole or in part ^^p^ ''of°"'

from a mine or mineral work situate partly in one ^^^^l^l'^'^j'J*^

municipality and partly in another each muni- situate in

,.,,,, f J t^o or more

cipality shall have power to assess and tax the income munici-

from so much of such fund as was derived from

the profits of that part of the mine or mineral work

situate in the municipality assessing.

(13) It shall be the duty of the owner, manager, holder, Sfome\o^
tenant, lessee, occupant or operator of the mine or ^^ made,
mineral work to make a return to the assessor of the
municipality, when required by him showing the

total amount of such fund and the amount of income
received from it during the year ending on the 31st
day of December then last past and also in the
case of a mine or mineral work situate in more than
one municipality the amount of such fund derived
from the profits of that part of the mine or mineral
work situate in each municipality and the pro-
visions of section 23 shall apply in respect of such
return.

(14) Notwithstanding anything in this Act contained Assessor to
any dispute arising in respect to any of the matters ^^^^'^^.^g
covered by subsections 12, 13 and 14 shall be
determined by the mine assessor on an application

to him, and for such purpose he may exercise the
powers conferred on him by The Mining Tax Act
and his determination of the dispute shall be final
and binding and without appeal.

14. — (1) The Psychiatric Hospitals Act \s dLxn^ndedhy 3id6\ng o^zhA, * "'
thereto the following section : *'^®°

182

Post- 20. The Minister may direct the establishment and

graduate . -^ , ,. . ,

courses, mamtenance oi post graduate courses and clmical

psychiatry. and laboratory research at a psychiatric hospital to

be carried on in accordance with any regulations
which may be made respecting the same.

Rev. Stat., (2) Clause b of section 1 of the said Act is repealed and
*ci. b, ' ^' ' the following substituted therefor:

repealed.

"Inspector,"
— meaning
of.

1929,

0. 14, 8. 4,

amended.

(b) "Inspector" shall mean an inspector appointed under
The Public Institutions Inspection Act, 1931.

Lands
reserved,
not to be
located, sold,
etc.

1929, c. 14,
sched. "A,"
amended.

4. From and after the date hereof as to the provincial
forests set out in the schedule hereto, and from and
after the date of any proclamations issued under
the authority of this Act, no land within any such
forests shall, except where the Lieutenant-Governor
in Council may otherwise direct, be located, sold,
leased or otherwise disposed of for the purposes of
agricultural settlement.

TIMAGAMI PROVINCIAL FOREST.

Application
of 1930,
c. 21, 3. 18.

182

Hospital at Renfrew, the Plummer Memorial Public Hospital
at Sault Ste. Marie, the General Hospital at Port Arthur,
and the Misericordia Hospital at Haileybury, and aid may
be granted and continued to any hospital to which the said
section 18 is, by virtue hereot, not to apply as may be directed
by the Lieutenant-Governor in Council.

17. Section 27 of The Niamra Peninsula Sanatorium Act^^'^^-

c 1 1 "S s 2/
is repealed. repealed.'

18. The Public Utilities Commission of the City of St. Public
Catharines, formerly the Hydro-Electric Commission of the commission
City of St. Catharines, is declared to have been from the 1st Catharines
day of January, 1914, validly established under the pro- brvalfdiy*^'
visions and for the purposes of The Public Utilities Act, and®^*^*^"^*^®^-
By-law number 4013 of the corporation of the City of St.
Catharines relating thereto is hereby confirmed.

19. By-law Number 1326 of the corporation of the Town of By-ia\v
Walkerville providing for the construction of a subway under town of
the tracks of the Pere Marquette and the Lake Erie and confirmed.^
Detroit River Railway Companies in the Town of Walkerville
authorized by the Board of Railway Commissioners for
Canada, and By-law Number 1327 of the said corporation
authorizing the acquisition of lands for such purposes, are
hereby confirmed and declared to be legal, valid and binding

upon the said corporation and the ratepayers thereof, and
the construction of the said work and the acquisition of the
said lands, hereinafter referred to as the undertaking, and all
temporary advances heretofore or hereafter obtained to
meet the cost of the undertaking pending the completion of
it shall conclusively be deemed to have been legally under-
taken, authorized and obtained, and the council of the said
corporation may when the said undertaking has been com-
pleted pass a by-law or by-laws to borrow on the credit of the
corporation by the issue and sale of debentures, payable in
not more than thirty years from the date thereof, such sums
or sums as may be necessary to repay the said temporary
advances and to defray the cost of the said undertaking,
after deducting any contributions made towards the cost
thereof, and no such by-law or by-laws shall require the
assent of the electors entitled to vote on money by-laws
or the approval of the Ontario Railway and Municipal
Board under the provisions of The Municipal Act.

20. Subsection 3 of section 13 of The Summary Con- Rev. stat.,
victions Act is repealed and the following substituted therefor ig^ij^g^^g®- •^^•

repealed.

(3) No such order or conviction and no order or con- Certiorari

viction made on appeal therefrom shall be removed therefor not

into the Supreme Court by a writ of certiorari or granted

where defen-
dant has
182 appealed.

Rev. Stat.,
c. 223, s, 148,
subs. 1
(1930, c. ,
c. 42, s. 8),
amended.

motion instead thereof if the defendant has appealed
from such order or conviction to any court to
which an appeal from such order or conviction is
authorized by law.

21. Subsection 1 of section 148 of The Loan and Trusts
Corporation Act as re-enacted by section 8 of The Loan and
Trusts Corporation Act, 1930. is amended by striking out the
word "verify" in the fourth line and inserting in lieu thereof
the words "inspect and examine," so that the said subsection
will now read as follows:

Annual
inspection
of i-egist-
ered corpora-
tions.

1928.

c. 33, s. 4,
subs. 1,
amended.

22. Subsection 1 of section 4 of The Companies Information
Act is amended by striking out the words "unless a corpora-
tion liable to payment of taxes under section 3 of The
Corporations Tax Act" in the sixth and seventh lines and
inserting in lieu thereof the words "unless a corporation
registered under The Loan and Trust Corporations Act'', so
that the first twelve lines of the said subsection will now
read as follows:

^tu"n of (1) On or before the 1st day of February in each and

pora^t*ion. every year without notice or demand to that effect,

every corporation incorporated under the laws of
Ontario, and every other corporation having its
head or other office or doing business or any part
thereof, in the Province of Ontario, shall, unless a
corporation registered under The Loan and Trust
Corporations Act, or unless an insurer licensed under
The Insurance Act, make out, verify and deliver
to the Provincial Secretary as hereinafter required,
a detailed return containing as of the 31st day of
December next preceding, correctly stated, the
following information and particulars:

?^233^*s.*23, 23.— (1) Subsection 5 of section 23 of The Municipal Act

amended. jg amended by inserting after the word "village" in the

second line the words "or 500 electors of a city," and by

182

inserting before the word "Lovvn" in the fifth and seventh
lines the word "city" so that the said subsection will now
read as follows:

(5) If a petition, signed by at least 150 electors ofu)^be^ub-
a town or village, or 500 electors of a city, praying "e'tiuon'for
that it may be annexed to an adjacent urban muni-^'^'^^^'^^'o"-
cipality, either unconditionally or on such terms

as may be stated in the petition, is presented to
the council of the city, town or village, the council
shall within four weeks after the presentation of the
petition submit to the electors of the city, town or
village for their assent thereto, a by-law providing
for its annexation on the terms mentioned in the
petition.

(2) The said section 23 is further amended by adding ^^^^g^^^'-^g
thereto the following subsection: amended.

(6) The provisions of this section shall mutatis mutandis Amaifeama-

11 1 • r 1 ^^^^ of

apply to the amalgamation oi two or more urban urban

municipalities, including cities, whether adjacent paiities.
or not and whether by way of annexation or other-
wise, but no such amalgamation shall be approved
by the Municipal Board until the same has been
assented to by the electors of each such urban
municipality.

24. Sections 17, 18, 26, 27 and 28 of The Children o/nev. stat..
Unmarried Parents Act are amended by striking out the ig-"-!!',^!? ^^'
words "the Judge" wherever they occur in the said sections Ij^^^g^s^^j
and inserting in lieu thereof the words "a judge,"

25.— (1) Subsection 1 of section 380 of The Municipal ^c/?^23'3^8*380.
is amended by striking out the words "the Inspector of |ni^|nd^ed.
Prisons and Public Charities" in the fifth and sixth lines and
inserting in lieu thereof the words "an inspector appointed
under The Public Institutions Inspection Act, 1931."

(2) Subsection 1 of section 393 of The Municipal i4<:/^%Ti3^?393,
is amended by striking out the words "the Inspector ot^^^^J^^^
Prisons and Public Charities" in the second line and inserting
in lieu thereof the words "an inspector appointed under
The Public Institutions Inspection Act, 1931."

26. Clause b of section 1 of The Reformatory Act is repealed ^^345^8"!*!.
and the following substituted therefor: repealed.

(b) "Inspector" shall mean an inspector appointed ^^^^^ °^'
under The Public Institutions Inspection Act, 1931.

182

c^^346^\^*i ^'^- — (^) Clauses a and d of section 1 of The Andrew
cis. a and d, Mercer Reformatory Act are repealed and the following sub-
stituted therefor:

"Inspector."

(a) "Inspector" shall .mean an inspector appointed
under The Public Institutions Inspection Act, 1931."

"Inspector." ((f) "Regulations" shall mean regulations made under

The Public Institutions Inspection Act, 1931.

c ^346 *s*i9 (2) Section 19 of The Andrew Mercer Reformatory Act is
repealed. ' repealed.

Rev. Stat., 28.— (1) Wherever in sections 3, 4, 12 and 13 of The

c. 350 ss 3

4, 12 and 13, Industrial Farms Act the words "one of the inspectors of
prisons and public charities" occur the words "an inspector
appointed under The Public Institutiojis Inspection Act, 1931,''
are substituted therefor.

^®ocf?*f*^- (2) Section 15 of The Industrial Farms Act is amended by

C. 350, S. lo, \ \ , ^ •'

amended. striking out the words "one of the inspectors of prisons and
public charities" at the commencement of the said section and
inserting in lieu thereof the words "an inspector appointed
under The Public Institutions Inspection Act, 1931."

c^^35i^*s^*i ^^* C^^use a of section 1 of The Gaols Act is repealed and
ci- a. ' ' the following substituted therefor:

repealed.

"Inspector." (a) "Inspector" shall mean an inspector appointed

under The Public Institutions Inspection Act, 1931.

c. 353, s. i, 30. — (1) Clauses c and g of section 1 of The Hospitals for
repealed. ^' the Insane Act are repealed and the following substituted
therefor :

"Inspector." (c) "Inspector" shall mean an inspector appointed

under The Public Institutions Inspection Act, 1931.

"Reguia- ig) "Regulations" shall mean regulations made under

*'°'^^' The Public Institutions Inspection Act, 1931.

?^353^*s*'6i ^^^ Subsection 1 of section 61 of The Hospitals for the
subs, i, ' Insane Act is amended by striking out the words "of Prisons
and Public Charities" in the eleventh and twelfth lines.

Rev\gStat.^^ (3) Subsection 1 of section 62 of The Hospitals for the
subs^ j^^^ * Insane Act is amended by striking out the words "of Prisons
and Public Charities" in the second line and in the sixth line.

amended.

Rev. Stat., 31. — (1) Clause c of section 1 of The Private Sanitarium
ci. c, ' ^' ' Act is repealed and the following substituted therefor:

repealed.

182

(2) Section 70 of The Private Sanitarium Act is repealed. ^®35r^'s.' to,

repealed.

32. Section 3 of The Ontario Hospital, Woodstock, Act is^^^^^^f;^
amended by striking out the words ''The Prisons and Public '''^'^^^^^'^■
Charities hispection Act'' in the first and second lines and
inserting in lieu thereof the words ''The Public histitiitions
Inspection Act, 1931."

33. — (1) Subsection 1 of section 1 of The Adoption Act^ i89. s. i.
is amended by striking out the words "Attorney General" in amended,
the fourth and fifth lines and inserting in lieu thereof the
words "Minister of Public Welfare."

(2) Subsection 1 of section 2 of The Adoption Act as^®i89^*s.*'2,
amended by subsection 1 of section 2 of The Adoption -4^^ repealed.
1928, is repealed and the following substituted therefor:

(1) Except with the consent of the Minister of Public slii't^of^'"''
Welfare an adoption order shall not be made in ^o'^g**^'"
any case where, — obtained.

(a) the applicant is under the age of twenty-five
years; or

(b) the applicant is less than twenty-one years
older than the infant in respect of whom the
application is made.

(3) Subsection 3 of the said section 2 as amended by c. i89, s. '2.
clause b of subsection 2 of section 2 of The Adoption Act, ^^e^ded.

1928, and section 11 of The Statute Law Amendment Act,

1929, is amended J^y inserting after the word "custody" in
the fourth line the words "or lawful control" so that the first
part of the subsection will now read as follows:

(3) An adoption order shall not be made except with the ^q'Jfjred to
consent of every person or body who is a parent or adoption
guardian of the infant in respect of whom the
application is made or who has the actual custody
or lawful control of the infant or who is liable to
contribute to the support of the infant :

34. The clause lettered a in section 1 of The Gasoline c. 55. a. 1,'
lax Act is repealed and the following substituted therefor: repealed.

(a) "Gasoline" shall mean the liquid derived from
petroleum or natural gas commonly known or sold
as gasoline, benzol and all other liquids by whatever

182

name known or sold, containing any derivative of
petroleum or natural gas and produced, prepared
or compounded for the purpose of generating
power by means of internal combustion or which
may be used for such purpose, except the product
commonly known as kerosene oil.

iyo^of* '^"^ ^^- Notwithstanding anything contained in The Insurance
?2¥not^*' ^^^' sections 274 and 275 of the said Act shall not be deemed
effective to be in force until a day to be named by the Lieutenant-
proclaimed. Governor by his Proclamation.

c^^i8i^*s*'36, 36. Subsection 1 of section 36 of The Marriage Act is
repealed repealed and the following substituted therefor:

maldn^faise ^^^ ^"^ person who knowingly makes any false statement

statement. of fact in any affidavit made under the provisions of

this Act or in or touching the particulars mentioned
in form 4, in addition to any other penalty or
punishment which he may be liable to incur, shall,
on summary conviction, be liable to a penalty of not
less than $20 and not more than $200.

?\^50^*ss*'56, 37. Sections 56, 57 and 58 of The Trustee Act are repealed
repe^aled ^^^ ^^^ following substituted therefor:

Creditor
holding
security
to value
same.

56. — (1) On the administration of the estate of a deceased
person, in case of a deficiency of assets, every
creditor holding security on the estate of the deceased
debtor or on the estate of a third person for whom
the estate of the deceased debtor is only indirectly
or secondarily liable, shall place a value on such
security and the creditor shall rank upon the dis-
tribution of assets only upon the unsecured portion
of his claim after deducting the value of the security,
unless the personal representative shall elect to take
over the security as hereinafter provided.

Where
personal
representa-
tive requires
creditor to
prove claim.

(2) Where the personal representative of a deceased
person is of the opinion that there may be a defi-
ciency of assets, he may require any creditor to prove
his claim and to state whether he holds any security
for his claim or any part thereof, and to give full
particulars of the same and if such security is on the
estate of the deceased debtor or on the estate of a
third person for whom the estate of the deceased
debotor is only indirectly or secondarily liable, to
place a specified value on such security and the
personal representative may either consent to the
creditor ranking for the amount of his claim after
deducting such valuation or may require from the

182

creditor an assignment of the security at an advance
of ten per centum upon the specified value to be
paid out of the estate as soon as the personal repre-
sentative has realized upon such security or is in a
position to make payment out of the assets of the
estate and in either case the difference between the
value at which the security is retained or taken, as
the case may be, and the amount of the claim of the
creditor, shall be the amount for which he shall rank
upon the estate of the deceased debtor.

(3) Where inspectors have been appointed as hereinafter d^r^el^ting'^of ;
provided or where the estate is being administered [f,J^"^f®''^-
under the direction or by a court, the personal repre-
sentative in making his election shall act under the
direction of the inspectors or of the court, as the

case may be, and the remuneration of the inspectors
shall be determined by the surrogate court judge
on the passing of accounts.

(4) If the claim of the creditor is based upon a negotiable b^j^|d%n ^'"^
instrument upon which the estate of the deceased negotiable

J I • 1 • 1- 1 1 -1 1- 1 1 1 instruments.

debtor is only mdirectly or secondarily liable and
which is not mature or exigible, the creditor shall
be considered to hold security within the meaning of
this section and shall put a value on the liability of
the person primarily liable thereon as his security
for the payment thereof, but after the maturity of
such liability and its non-payment he shall be
entitled to amend and revalue his claim.

57. — (1) Where a creditor fails to value any security held ^e^jfitoj.

by him which under the provisions of this Act he is^^'^^^^^,

called upon to value, the personal representative fa'is to

, 1 • 1 r 1 r value same.

may apply to the judge of the surrogate court trom

which probate or letters of administration were

issued in a summary way for an order that unless

a specified value shall be placed on such security

and notified in writing to the personal representative,

within a time to be limited by the order, such

claimant shall, in respect of the claim or the part

thereof for which security is held, be wholly barred

of any right to share in the profits of the estate

unless the judge upon the application of the creditor

extends the time for the valuation of the security.

(2) Where an estate is being administered b>' or under ■
the direction of a court, such court shall exercise the.,
jurisdiction conferred by this section upon the judge
of the surrogate court.

182

Calling
meeting of
creditors
where there
is a

deficiency
of assets.

58. — (1) Where in the administration of the estate of a
deceased person the personal representative fears
that there may be a deficiency of assets or that all
the creditors will not be paid in full, the personal
representative may call a meeting of creditors and
lay before them the situation of the estate and at
such meeting inspectors may be appointed by the
creditors to assist the executor in the administration
of the estate and to advise him with respect thereto.

Creditors
request for
meeting.

(2) In any such case the personal representative shall
call a meeting of creditors at the request in writing
of creditors holding ten per centum of the amount of
claims filed against the estate for the purpose
aforesaid.

Appoint-
ment of
creditor
as an
inspector.

(3) In cases where no meeting of creditors has been held
the personal representative may appoint a creditor
or creditors as inspector or inspectors to assist him
in the realizing and management of the estate but in
such case the appointment shall be approved by the
surrogate judge before the inspectors accept office.

Rev. Stat.,
c. 47, s. 3,
amended.

38. Section 3 of The Nattiral Gas Conservation Act is
amended by adding thereto the following subsection:

License to be (2) No person shall hereafter, without the approval of

procured , t • ^ • /- -i • ^l

from the Lieutenant-Cjovernor m Louncii given upon the

AT iri jgi"pr for ■ • •

supply works recommendation of the Minister, construct any

mi'tuml^o'^r'^^^ worlcs to supply, or supply

artificial gas.

(a) natural gas in any municipality in which such
person is not at the date of the passing of
this Act supplying artificial or natural gas, or

(b) artificial gas or natural gas in any municipality

in which such person is not at the date of the
passing of this Act supplying gas and in which
natural gas or artificial gas is being supplied.

Rev. Stat., 39. Section 4 of The Natural Gas Conservation Act is
amended.' amended by adding thereto the following clause:

(aa) The prevention and prohibition of any competitive
methods, conduct or policy, by any person, which
in the opinion of the Minister may be unreasonable
or improvident or inconsistent with the due con-
servation of the supply of natural gas in Ontario.

40. — (1) Subsection 1 of section 7 of The Natural Gas
Conservtaion Act is amended by adding thereto the following
clause :

Prohibition
of competi-
tive

methods,
etc.

Rev. Stat.,
c. 47, s. 7,
subs. 1,
amended.

182

18
(c) The disallowance of any rate charged for natural gas Disaiiow-

,-,i "J ^1 . ,, ance of rates,

which he considers to be unjust or unreasonable or

not conducive to the due conservation of the supply

of natural gas in Ontario.

(2) Subsection 2 of said section 7 is repealed and the J^^? ^'^7'

following substituted therefor: subs.' 2.'

repealed.

(2) No new rates and no alteration in existing rates for Referee to
natural gas shall be put into effect unless and until o?aite7ed"®'^
they have been approved by the Referee. i-'^ten.

(3) The said section 7 is further amended by adding thereto Rev. stat.,

the following subsections: amend^ed.'

(3) In fixing or approving rates for natural gas the?e^tS°"°^
Referee shall make no allowance for expenditures Ifxfnl 'rates,
or losses caused by or resulting from the adoption of
competitive methods which in the opinion of the
Referee were unreasonable or improvident or were
inconsistent with the due conservation of the

supply of natural gas in Ontario.

(4) The Referee may make any order under this section j^roceed ^^^
on a reference for such purpose by the Minister, without it j^'^|]}j°'^* ^^^^
being necessary that an application therefor be made by

any person, or that any person be heard.

41. The Natural Gas Conservation Act is amended by ^Yf,^*^*'
adding thereto the following sections: amended.

10a. Nothing in sections 9 or 10 shall in any way pre- Certain

„ .... -,. . , . ■' , orders of

vent, anect or limit the Minister making any order Minister or

, . . . ,. ^. , , Referee not

or regulation or giving any direction under clause aa affected or
of section 4, or the Referee from making any order ""' ^ '
under clause c of subsection 1 of section 7.

18a. Any order or regulation made or direction given by of"orde1's!*"*
the Minister and any order made by the Referee®^'''
under this Act may be made a judgment or order of
the Supreme Court enforceable in the same manner
as a judgment or order of such court to the like
effect.

42. Section 3 of The Gtielph General Hospital Act, 1930, isc.^li", s. 3.
amended by adding thereto the following subsection:

amended.

(2) Any property, real or personal, whether or not P^^operty
specifically mentioned in this Act belonging to thehf--*-'
said hospital or which hereafter may be acquired for
its purposes or which heretofore may have been or
hereafter may be given by way of bequest, devise,
donation or otherwise to or for the benefit of the
said hospital and whether in the name of the said

182

hospital or of the corporate body in which the said
hospital was previously vested or its directors or
in the name of the corporation are and shall be
vested in the corporation for the purposes of the
said hospital.

■^^54 ^^''^-'g 4:3. Section 56 of The Highway Improvement Act is amended
amended. by adding thereto the following words: "or for making com-
pensation in whole or in part, to any person whose land or
property has been entered upon, taken, expropriated or
acquired under this Act."

Re^^.^stat.,^ 44. — (1) Subsection 2 of section 378 of The Municipal Act
subs. 2, 'is amended by striking out the words "which is the county

amended. ,, . , ,7. , . . . ,• , r 1

town m the second hne and msertmg m lieu thereof the
words "whether such city or separated town is the county
town or not."

c^^23'3^s'*384 ^"^^ Clause a of subsection 4 of section 384 of The Municipal
subs. 4, ci. a. Act is amended by striking out the words "within the county
town" in the first line.

amended.

Rev. Stat.. 45, Section 12 of The Limited Partnership Act as enacted

(i93o,' by section 12 of The Statute Law Amendment Act, 1930, is

eiibs.'s^)', "" repealed, and the following substituted therefor:

repealed.

Partnership 12. The business of the partnership shall be conducted

name.

under a name in which the names of one or more of
the general partners shall be used, and unless any
limited partner whose name is used in the partnership
name is clearly designated as a limited partner in a
line immediately beneath the name of the partner-
ship upon letterheads, confirmations to customers
and statements of account, he shall be deemed a
general partner.

Commence- 46. The provisions of this Act, other than section 13, shall
come into force on the day upon which they receive the
Royal Assent. Section 13 shall come into force on a day to
be named by the Lieutenant-Governor by his Proclamation.

182

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No. 183

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The Assessment Amendment Act, 1931.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

Short title.

No. 183 1931

BILL

The Assessment Amendment Act, 1931.

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 Assessment Amendment
Act, 1931.

c^®238^*8.*'24, 2. Subsection 3 of section 24 of The Assessment Act is

amended. amended by adding the words "or farmer's daughter" after

the word "son" and the word and letters "or 'F.D.' " in

the eighth line of the paragraph thereof relating to column 5

of the assessment roll.

c^^238^*s.*^'24, 3. Subsection 6 of section 24 of The Assessment Act is
repealed. repealed and the following substituted therefor:

of^roif'in^ (^) ^^ ^ city or town the form may be varied so as to

tow^^'^'^ give any additional information required owing to

changes in the boundaries of the municipality or
other like causes, or so as to allow the same to be
adapted to mechanical bookkeeping methods in
the preparation of the roll, and columns may be
omitted which are inapplicable to a city or town.

c^^238^*s.*'28 ■*• — (^) Subsection 1 of section 28 of The Assessment Act is
amended amended by adding thereto the following clause:

^Farmer's (J) "Daughter," "daughters," "farmer's daughter" and

"farmers' daughters" shall mean daughter or
daughters, step-daughter or step-daughters of the
full age of twenty-one years not otherwise entitled
to be entered on the voters' list.

c'^238^*s*'28 ^^^ Subsection 2 of said section 28 is amended by inserting
siibs. 2, ' the words "and daughters" after the word "sons" in the third

amended.

183

line and by adding the words "or farmers' daughters, as the
case may be" at the end of said subsection.

Rev. Stat.,
c. 238, s. 28

amended. the words "or daughter" after the word

(3) Subsection 3 of said section 28 is amended by inserting

son" in the third
Hne and by inserting the words "or daughter" after the word
"son" in the fourth line.

Rev. Stat.,
c. 238, s. 28.
amended.

Right of
daughter to
vote where
no sons.

(4) The said section 28 is amended by adding thereto the
following subsections:

(5a) Where a father or mother has no sons, the daughters,
if any, shall for the purposes of subsections 4 or 5
be entitled to be entered on the roll as farmers'
daughters in the same manner and to the same
extent as the sons, if there had been sons, would
have been entitled to be entered on the roll.

Right of
daughter to
vote where
sons also.

{5b) Where a father or mother has sons and daughters
and the farm is assessed at an amount more than
sufficient to entitle the father or mother and all the
sons to be entered on the roll, but is not assessed
for an amount sufficient to qualify also all such
daughters to vote at a municipal election, so many
of the daughters in the order mentioned for sons in
subsection 4 as the amount at which the farm is
assessed if equally divided between the father,
mother and the sons and daughters would be suffi-
cient to qualify shall be entitled to be entered on the
roll as farmers' daughters.

c^^238^*s*'28 (^) Subsection 6 of said section 28 is amended by inserting
subs. 6, the words "or farmer's daughter" after the word "sons" in

amended. , • i ,.

the third hne.

c^^238^*s*48 ^- Section 48 of The Assessment Act is amended by inserting
amended. ' after the word "bridge" in the first line the words "or tunnel."

c^^238^*s.*49, ^- Section 49 of The Assessment Act is amended by inserting
amended. after the word "bridge" in the first line the words "or tunnel."

Rev. Stat,
c. 238,
amended.

7. The Assessment Act is amended by adding thereto the
following section :

County
not to
include
income
assessment
in equaliza-
tion.

96a. — (1) Notwithstanding anything in this Act or any
other special or general Act contained, income assess-
ments of a local municipality forming part of a county
shall not be included in any statement given to the
county clerk, nor shall they be included in, but shall
be excluded from, any valuation and equalization by

183

a county council of rateable property in the county
for any county purpose, and the ascertainment,
imposition or levy by a county council of any rate
for county purposes shall be made and raised upon
and from the equalized assessment of real property
and business assessments only in the county.

Local muni-
cipality to
levy oounty
rates on all
rateable
property
including
income
assessments.

(2) When under this Act or any other special or general
Act any rate is directed or required to be levied in a
local municipality forming part of a county for
county purposes, the same shall in the local munici-
pality be calculated and levied upon and against
the whole rateable property including assessments
of income within such local municipality according
to the last revised assessment roll thereof.

8. Section 98 of The Assessment Act is amended by adding

Rev. Stat.,
c. 238, s. 98,

amended. thereto the following subsection

Avoidance
of double
income
taxation on
removal.

(4) If, notwithstanding his removal from the municipality
any person is under the provisions of subsection 3
liable for rates levied in any year upon an assessment
in respect of income, such person shall not in the
municipality to which he has removed be liable for
rates levied by such latter municipality in the same
year upon an assessment in respect of income.

c!2^'8^s^i62 ^- Section 102 of The Assessment Act is amended by adding
amended. thereto the following subsection :

Variation
of tax roll in
cities and
towns.

(2a) In a city or town the form of the collector's roll
may be varied so as to allow the same to be adapted
to mechanical methods of accounting and book-
keeping.

c^2^'8^s^\'67 ^^- Subsection 2 of section 107 of The Assessment Act is
subs. 2, ' amended by adding the words "clerk or treasurer" at the end

of the first line thereof so that the subsection will now read

as follows:

How may be
given in
cities, towns,
townships
and villages

(2) In cities, towns, townships and villages, the col-
lector, clerk or treasurer may, if so authorized by
by-law of the municipality (which by-law the
council of the municipality is hereby empowered to
pass), mail the notice or cause the same to be mailed
to the address of the residence or place of business
of such person.

11. Subsection 7 of section 111 of The Assessment Act is

Rev. Stat.,
c. 238, s. Ill,

repealed repealed and the following substituted therefor:

183

Provision
for

payment of
taxes into
bank.

(7)

Rev. ytat.,
c. 238, s. Ill,
amended.

The council of any municipality may by by-law
direct that moneys payable to the municipality for
taxes or rates and upon such other accounts as may
be mentioned in the by-law shall be by the collector
of taxes or by the person charged with the payment
thereof paid into such chartered bank of Canada,
as the council shall by such by-law direct to the
credit of the treasurer of the municipality, and in
such case the person making the payment shall
obtain a receipt from the bank therefor, and the
treasurer or collector of taxes shall make the
proper entries therefor in the books of the muni-
cipality.

12. Section 111 of The Assessment Act is further amended

by adding thereto the following subsection:

By-law to
authorize
part

payment of
taxes due.

(8) The council of any municipality may by by-law
authorize the treasurer and the collector of taxes
to accept part payment from time to time on account
of any taxes due and to give a receipt for such part
payment, provided that acceptance of any such part
payment shall not affect the collection of any
percentage charge imposed and collectible under
subsection 2 in respect to non-payment of any taxes
or any class of taxes or of any instalment thereof.

Rev. Stat.,
c. 238,

Tmendid. out the figures "119" in the sixth line of the last paragraph

13. Form 10 of The Assessment Act is amended by striking
It the figures "119" in the sixth line of the
and inserting in lieu thereof the figures "125."

Commence-
ment of Act.

14. This Act other than sections 2 and 4 shall come into
force on the day upon which it receives the Royal Assent.
Sections [2 and 4 shall come into force on the Ist^day of
January, 1932.

183

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No. 183

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The Assessment Amendment Act, 1931,

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 183 1931

BILL

The Assessment Amendment Act, 1931.

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 Assessment Amendment
Act, 1931.

c^^238^*s*^'24 2- Subsection 3 of section 24 of The Assessment Act is
subs. 3 amended by adding the words "or farmer's daughter" after

amended. , <: ,, , , * i 11 ,< it- t-. > m •

the word son and the word and letters or r.U. m

the eighth line of the paragraph thereof relating to column 5
of the assessment roll.

c^^238^*s*'24 *^- Subsection 6 of section 24 of The Assessment Act is
subs. 6, ' repealed and the following substituted therefor:

repealed. '^ '^

Variation (5) In a city or town the form may be varied so as to

of roll in ^ ^ . ■',.....- . . .

cities and give any additional information required owing to

c^^238^*s*'28 ^* — ^^^ Subsection 1 of section 28 of The Assessment Act is
subs, i, ' amended by adding thereto the following clause:

amended. j <=> <=>

•'Farmer's^ (/) "Daughter," "daughters," "farmer's daughter" and

"farmers' daughters" shall mean daughter or
daughters, step-daughter or step-daughters of the
full age of twenty-one years not otherwise entitled
to be entered on the voters' list.

Rev. Stat., (2) Subsection 2 of said section 28 is amended by inserting

siibs. 2, ■ ' the words "and daughters" after the word "sons" in the third
amended.

183

line and by adding the words "or farmers' daughters, as the
case mav lie" nl the end of said subsection.

(3) Suosfciioii o of said secuon 25 is amended by insertingc. ^as, V. is.
the words "or daughter" after the word "son" in the third anl'end Ad.
line and by inserting the words "or daughter" after the word

"son" in the fourth line.

(4) The said section 28 is amended by adding thereto thec!'238?s?''28.

following subsections: amended.

(5a) Where a father or mother has no sons, the daughters, daught'e^r to
if any, shall for the purposes of subsections 4 or 5 no^soS^*^^
be entitled to be entered on the roll as farmers'
daughters in the same manner and to the same
extent as the sons, if there had been sons, would
have been entitled to be entered on the roll.

{5b) Where a father or mother has sons and daughters u^a^ght^'er to
and the farm is assessed at an amount more than J^^| fUso'^'^
sufficient to entitle the father or mother and all the
sons to be entered on the roll, but is not assessed
for an amount sufficient to qualify also all such
daughters to vote at a municipal election, so many
of the daughters in the order mentioned for sons in
subsection 4 as the amount at which the farm is
assessed if equally divided between the father,
mother and the sons and daughters would be suffi-
cient to qualify shall be entitled to be entered on the
roll as farmers' daughters.

(5) Subsection 6 of said section 28 is amended by inserting ^®J3g^*^*-^g_
the words "or farmer's daughter" after the word "sons" in^^l^ded
the third line.

3. Section 48 of The Assessment Act is amended by inserting ^^Jgg^'s^^g^
after the word "bridge" in the first line the words "or tunnel." amended.

6. Section 49 of The Assessment Act is amended by inserting ^®J38^*8.*49,
after the word "bridge" in the first line the words "or tunnel." amended.

7. The Assessment Act is amended by adding thereto the J'Yss?'^* '

following section : amended.

96a. — (1) Notwithstanding anything in this Act or anynoTfo^
other special or general Act contained, income assess- |nco"ml
ments of a local municipality forming part of a county fn'^l^aMza-
shall not be included in any statement given to thetion.
county clerk, nor shall they be included in, but shall
be excluded from, any valuation and equalization by

183

Local muni-
cipality to
levy oounty
rates on all
rateable
property
including
income
assessments.

nev Stat s. Section 98 of The Assessment Act is amended by adding

amended. ' thereto the following subsection :

Avoidance
of double
income
taxation on
removal.

c^^2^'8^s^i62 ®- Section 102 of The Assessment Act is amended by adding
amended. ' thereto the following subsection:

Variation
of tax roll in
cities and
towns.

(2a) In a city or town the form of the collector's roll
may be varied so as to allow the same to be adapted
to mechanical methods of accounting and book-
keeping.

0^^238^6^107 ^^' Subsection 2 of section 107 of The Assessment Act is
subs. 2.' ' amended by adding the words "clerk or treasurer" at the end

of the first line thereof so that the subsection will now read

as follows:

amended.

How may be
given in
cities, towns,
townships
and villages

(2) In cities, towns, townships and villages, the col-
lector, clerk or treasurer may, if so authorized by
by-law of the municipality (which by-law the
council of the municipality is hereby empowered to
pass) , mail the notice or cause the same to be mailed
to the address of the residence or place of business
of such person.

11. Subsection 7 of section 111 of The Assessment Act is

Rev. Stat.,
c. 238, s. Ill,

subs. 7, repealed and the following substituted therefor:

183

(7) The council of any municipality may by by-law jTro^'^'o"
direct that moneys payable to the municipality for payment of
taxes or rates and upon such other accounts as may bank.

be mentioned in the by-law shall be by the collector
of taxes or by the person charged with the payment
thereof paid into such chartered bank of Canada,
as the council shall by such by-law direct to the
credit of the treasurer of the municipality, and in
such case the person making the payment shall
obtain a receipt from the bank therefor, and the
treasurer or collector of taxes shall make the
proper entries therefor in the books of the muni-
cipality.

12. Section 111 of The Assessment Act is further amended c. 238,8. lii,
by adding thereto the following subsection : amen e

(8) The council of any municipality may by by-law axfthorize*
authorize the treasurer and the collector of taxes p^'^,^^. ,

payment of

to accept part payment from time to time on account taxes due.
of any taxes due and to give a receipt for such part
payment, provided that acceptance of any such part
payment shall not affect the collection of any
percentage charge imposed and collectible under
subsection 2 in respect to non-payment of any taxes
or any class of taxes or of any instalment thereof.

13. Form 10 of The Assessment Act is amended by striking o. 238, ^ "
out the figures "119" in the sixth line of the last paragraph amended',
and inserting in lieu thereof the figures "125."

14. This Act other than sections 2 and 4 shall come into ment of Act.
force on the day upon which it receives the Royal Assent.
Sections 2 and 4 shall come into force on the .1st day of
January, 1932.

183

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No. 184

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The Municipal Amendment Act, 1931.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 184 1931

BILL

The Municipal Amendment Act, 1931.

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 Municipal Amendment
Act, 1931.

^®J33^*^*-^g 2. Subsection 7 of section 46 of The Municipal Act is
subs. 7, repealed and the following substituted therefor:

Council of (7) Notwithstanding anything in any special Act the

Toronto. council of the city of Toronto shall consist of the

mayor and four controllers to be elected by general
vote, and three aldermen for each ward, except
that if that part of the said city lying north of the
right-of-way of the Toronto Belt Line Railway
Company is made a separate ward there shall be
two aldermen only for that ward.

^^233^*^6* 53 3- Clause r of subsection 1 of section 53 of The Municipal
subs^i ci. r'j^ct is repealed and the following substituted therefor:

Unpaid ^ (^) A person whose taxes at the time of the election are

exception. overdue and unpaid, but this clause shall not apply

to a person who is a bona fide tenant and qualifies
as a householder if such overdue and unpaid taxes
as between him and his landlord are taxes the latter
ought to pay.

^^233^*8.* 53. *• Subsection 2 of section 53 of The Municipal Act is
amended amended by adding thereto the following clause:

{h) Of his being assessed as the owner of lands against
which taxes are overdue and unpaid, if at the time
of the election he is not the owner of such lands
and if such taxes became due after he ceased to own
the said lands.

184

c.^233, s. '56, 5. — (1) Clause d of subsection 1 of section 56 of The Mimi-
Bubs. 1, cipal Act is amended by inserting the words "or farmer's

amended. daughter" after the word "son" in the seventh line.

c^^233^*s*^'56 (^) Subsection 6 of said section 56 is amended by inserting
subs- 6, 'the words "or farmer's daughter" after the word "son" in
the third line, by inserting the words "or she" after the word
"he" in the fourth line, by inserting the words "or a farmer's
daughter" after the word "son" in the fifth line, and by
inserting the words "or her" after the word "his" in the
sixth line.

0^^233^*8*56 ^^^ Subsection 7 of said section 56 is further amended by
Bubs. 7, inserting the words "or farmer's daughter" after the word

amended.

'son" in the third line.

c!^233^*s*'57, 6. Section 57 of The Municipal Act is repealed and the
repealed. following substituted therefor:

57. Subject to sections 60, 61 and 62, every person whose
name is entered on the proper voters' list shall be
entitled to vote at a municipal election, except that
in the case of the wife or husband of a tenant she or
he shall not be entitled to vote unless the tenant is
a resident of the municipality at the date of and has
resided therein for one month next before the election
and in the case of a farmer's son or farmer's daughter,
he or she is a resident of the municipality at the date
of the election.

c^^233^*s.* 58, '^' Section 58 of The Municipal Act is repealed and the
repealed. following substituted therefor:

tions^not" ^^- Except as to the disqualification arising from not

to be residing in the municipality at the time of the election

questioned .» r t , r .11.

at election m the case 01 a farmer s son or farmer s daughter

non- voter, or from the non-payment of taxes in the case

of a voter whose name appears on the defaulters
list, no question as to the qualifications of any
person whose name is entered on the proper list of
voters shall be raised at an election.

^^233^^*94. 8- Section 94 of The Municipal Act is amended by adding
amended. thereto the following subsection :

banot° (2) In cities having a population of not less than 200,000

m^certain the ballot papers shall be according to Form 3a,

^^^^^^- and shall contain the names of the candidates

arranged as set forth in subsection 1.

184

^^33^ 3*^*108 ^- Subsection 1 of section 108 of The Municipal Act is
subs, i, amended by inserting after the words "poll clerk" in the

amended.

second line the words "special constable.'

Rev. Stat., 10. Subsection 1 of section 126 oi The Municipal Act is
subs, i?' ' repealed and the following substituted therefor:

repealed.

Procedure on (1) All the ballot papers except those rejected shall be

ballot papers counted, and an account shall be kept of the number

and pfacfng of votcs given and allowed for each candidate, and

hfto°pa^c1fe1;s^ all the ballot papers shall be put into separate packets

as follows, —

(a) all the used ballot papers which have not been
objected to and have been counted;

{b) all the used ballot papers which have been
objected to, but which have been counted;

{d) all the cancelled ballot papers;

{e) all the ballot papers used but unmarked;

(/) all the declined ballot papers;

(g) all the unused ballot papers.

Rev. Stat., H- Subscction 1 of section 127 oi The Municipal Act is

siibs.^i^" ^^^' amended by adding thereto the following clause:

amended.

(//) The ballot papers used but unmarked;

?®2^'3^l^*i37 12. Section 137 of The Municipal Act is repealed and the
repealed. 'following substituted therefor:

^??ecoimT 137.— (1) If, within fourteen days after the declaration

addftion t»y the clerk of the result of the election, upon the

application of a candidate or voter it is made to
appear by affidavit to a judge of the county or
district court of the county or district in which the
municipality is situate, that a deputy returning
officer, in counting the votes has improperly counted
or rejected any ballot paper, or made an incorrect
statement of the number of ballots cast for any
candidate, or has improperly added up the votes and
if within that time the applicant shall have given
security for the costs in connection with the recount
or final addition of the candidate declared elected
184

of such nature and in such amount as may be fixed
by the judge; or if at any time within four weeks
after such declaration in a city having a population
of not less than 100,000, the council has by resolution
declared that a recount or readdition is desirable in
the public interest, the judge shall appoint a time
and place to recount or readd the votes cast at the
election.

Deputy-
judges in
wards of
cities of
100,000
population
or over.

(2) In all cases of a recount or readdition of the ballots
cast for candidates elected by general vote in a city
having a population of not less than 100,000, the
judge may order that the recount or readdition shall
be conducted separately in each ward of such city
and for that purpose may appoint for any ward as
his deputy, another judge or a barrister of at least
ten years' standing at the bar of Ontario to
recount or readd the votes cast at the election in
such ward and a time and place for such recount or
readdition to be held, and every such deputy shall
for all the purposes of the recount or readdition and
in respect to the ward for which he is appointed,
have the powers and perform the duties of the judge
as hereinafter in this section set out.

Notice of
time and
place for
recount or
readdition.

(3) At least two days' notice in writing of the time and
place appointed shall be given to the candidates and
to the clerk, and the clerk or an assistant clerk
appointed for the purpose shall attend the recount
or readdition with the ballot boxes and all documents
relating to the election.

Who may
attend.

(4) The judge, the clerk, the assistant clerk, and each
candidate and his agent appointed to attend the
recount or readdition, but no other person except
with the sanction of the judge, shall be entitled to
be present at the recount.

Which
ballots to be
readded or
recounted.

(5) The recount shall be of the ballots cast respectively
for the candidate declared elected when one only is
to be elected and in other cases of the candidate who
received the lowest number of votes of those declared
elected by the clerk and for the defeated candidate
who received the highest number of votes for the
same office unless any other candidate in writing
requires the ballots cast for him to be recounted or
readded.

Making
readdition or
recount.

(6) At the time and place appointed, and in the presence
of such of the persons entitled to be present as may

184

attend, the judge shall make such final addition
from the statements contained in the ballot boxes
returned by the deputy returning officers, or recount
all the ballot papers received by the clerk from the
several deputy returning officers and the number of
votes counted at the election and shall for the
purpose of the recount open the sealed packets
containing the used ballot papers which were not
objected to and were counted, the ballot papers
which were objected to but which were counted, the
rejected ballot papers, the cancelled ballot papers,
the ballot papers which were used but were un-
marked, the declined ballot papers and the unused
ballot papers.

Proceedings
to be con-
tinuous.

(7) The judge shall, as far as practicable, proceed con-
tinuously, allowing only time for refreshment and
excluding, except so far as he and the persons present
agree, the hours between six o'clock in the afternoon
and nine o'clock in the succeeding forenoon, and
during the excluded time the judge shall place the
ballot papers and other documents relating to the
election close under his own seal and the seal of
such of the persons present as desire to affix their
seals, and shall otherwise take all necessary pre-
cautions for the security of them.

Procedure
as at close
of poll.

(8) Subject to subsection 9, the judge shall proceed
according to the provisions for the counting of the
ballot papers and the vote at the close of the poll
by a deputy returning officer, and shall verify and
correct the statement of the poll.

Evidence
may be
taken.

(9) If for any reason it appears desirable to do so, the
judge upon the application of any party to the
proceeding may hear such evidence as he may deem
necessary for the purpose of making a full and
proper recount of the ballot papers.

Judge's
certificate
of result.

(10) Upon the completion of the recount the judge shall
seal up all the ballot papers in their separate packets
and upon the completion of a readdition he shall
seal up the original statements in their respective
packets, and shall forthwith certify the result of the
recount or readdition to the clerk.

Clerk's
declaration
of result.

(11) Upon the result of the recount or readdition being

certified to him the clerk shall declare elected the

candidate so certified as having the highest number

of votes, and such declaration shall be deemed for

184

all purposes to have been substituted for the prior
declaration made under section 134 if it is different
from such prior declaration.

remedies not (12) Nothing in this section shall affect any remedy

affected. which any person may have under the provisions

hereinafter contained by proceedings in the nature

of quo warranto or otherwise.

c! 233^8^*138, 13. Subsection 2 of section 138 of The Municipal Act is
repealed. repealed and the following substituted therefor:

or"scaie'of (■^) ^^^ judge may in his discretion award costs of the

^°^*^^- recount or readdition to or against any candidate

and may fix the amount of same or order that they
be taxed by the clerk of the district or county court
on a scale following as nearly as may be the tariff of
costs of the county court.

0^2^33? 8^ 274, 14. Subsection 1 of section 274 of The Municipal Act is
fimended. amended by adding thereto the following clause:

{hh) farmer's daughter.

^®7o.,®*^^Ar, 15. Clause / of subsection 2 of section 297 of The Munici-
subs. 2,' ci. f, pal Act is repealed and the following substituted therefor:

repealed.

(/) By the council of any municipality with the approval
of the Municipal Board for borrowing such sum or
sums as may be required to pay or defray the cost
or share of the cost of any work or improvement
which by the terms of any order of the Board of
Railway Commissioners of Canada or of the Muni-
cipal Board the municipality is or has been authorized
or required to undertake or pay, or of any work or
improvement which in the opinion of the Municipal
Board is or has been rendered necessary or expedient
owing to the construction of any work or improve-
ment ordered by either of the said boards; but where
any such work or improvement is or has been merely
authorized but not required to be undertaken by
the municipality no sum or sums may be borrowed
hereunder unless the work was undertaken with the
approval of the Municipal Board.

c^^2^"3^s^329 ^^- Section 329 of The Municipal Act is amended by add-
amended. ' ing thereto the following subsection :

184

Signature to (5) ^^y debenture heretofore issued or hereafter to be

debentures. .

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.

Rev. Stat., _ 17. Section 335 of The Municipal Act is amended by adding
amended. ' at the end thereof the following words:

"and to borrow from time to time by the issue and sale
of debentures such sum as may be necessary to repay
such advances."

Rev. Stat., 18. Section 368 of The Municipal Act is amended by adding
an^ended^^'^' thereto the following subsection:

Aid to (3) The council may grant pecuniary aid or other

children^of^ assistance to the widows and children of members

pifiice Yor?e ^^ ^^^ police forcc who are killed or die from injuries

in certain received or from illness contracted in the discharge

eases. r i • i •

oi their duties.

? 233^8!' 397, 19. Subsection 1 of section 397 of The Municipal Act is

lifnlnded. amended by inserting after the word "drier" in the fifth

line the words "or a cold storage plant receiving financial aid

from the Department of Agriculture of the Province of

Ontario."

^^o^oq^^^Uq 20. Paragraph 16 of section 399 of The Municipal Act is

0. ^oo, s. oyy,

par. 16, repealed and the following substituted therefor:

repealed. ^ °

fire haii^ite, ^6. For acquiring land for and erecting thereon a fire hall

et^'- and for purchasing and installing fire engines,

apparatus and appliances for fire-fighting and fire
protection at a cost not exceeding $20,000, and for
the issue of debentures therefor payable in equal
annual instalments of principal and interest during
a period not exceeding ten years.

(a) It shall not be necessary to obtain the assent
of the electors to the by-law if it is passed by
a vote of two-thirds of all the members of
the council.

{h) No by-law shall be passed under the authority
of this paragraph while any debentures issued
under a by-law previously passed thereunder
are outstanding and unpaid unless the
approval of the Municipal Board is obtained.

184

Rev Stat ^^- Paragraph 43 of section 399 of The Municipal Act is

c. 233 s. 399, amended by inserting after the word "from" in the first line

par. 4o, . 1W1**" i 1

amended. the words solicitmg or.

Rev. Stat., 22. Section 409 of The Municipal Act is amended by adding
amlndld*^^' thereto the following paragraph:

Establish- ^' ^^r acquiring lands in the county and erecting thereon

coimty^ farm and other buildings and for establishing,

fEi'"'^s. developing, improving, equipping, operating and

maintaining such lands and buildings as a county
farm for educational, experimental and other pur-
poses in the promotion and advancement of agricul-
ture in all its branches, and for the issue of deben-
tures therefor, other than for the expenses of
operation and maintenance.

(a) It shall not be necessary to obtain the assent
of the electors to any by-law passed under
this paragraph if it is passed by a vote of
two-thirds of all the members of the council.

(b) A county council which has established a

county farm under this paragraph may enter
into agreements with the Minister of Agricul-
ture for its development, improvement and
equipment and for its operation and main-
tenance by or in conjunction with the Depart-
ment of Agriculture for such periods and upon
such terms and conditions as from time to
time may be agreed.

Rev. Stat., 23. Paragraph 9 of section 411 of The Municipal Act is
par. 9',^' 'amended by inserting after the words "wheeled vehicle" in
amended. ^^^ second line the words "other than a motor vehicle as
defined in The Highway Traffic Act.

Rev. Stat.. 24, Section 412 of The Municipal Act is amended by adding
amended. ' thereto the following paragraph:

incinerator^ ^' ^^^ prohibiting or for regulating and controlling the

plants, etc. location or erection within any defined area or areas

or on land abutting on defined highways or parts of
highways of any incinerator or other building, plant
or machinery to be used for the destruction or
disposal of garbage, ashes or other refuse.

Rev. Stat., 25. Paragraph 3 of section 414 of The Municipal Act as

0. 233 B 414 o v ^ ^ c

par. 3 ' ' re-enacted by section 9 of The Municipal Amendment Act,
c. 58, 's. 9), 1929, is repealed and the following substituted therefor:

repealed.

184

Controlling
location of
certain
businesses,
etc.

3. For exercising the powers conferred on cities by
paragraphs 2 to 13 of section 411 and by section 412.

(a) This paragraph shall not apply to a building which
was on the day the by-law is passed erected or used
for any of the purposes enumerated in said sections
411 and 412.

26. Paragraph 2 of section 429 of The Municipal Act is
c^2^33^s"429. amended by striking out the words "and other" in the fourth
amended. ^^^^ ^^^ inserting in lieu thereof the words "public halls and
all" so that the paragraph will now read as follows:

Amusement
places, etc.

2. For regulating and licensing, subject to the provisions
of The Theatres and Cinematographs Act, exhibitions
held for hire or gain, theatres, music halls, bowling
alleys, moving-picture shows, public halls, and all
places of amusement, and for prohibiting the location
of them or a particular class of them on land abutting
on any highway or part of a highway to be named in
the by-law and for revoking any license granted.

Rev. Stat., 27. Section 430 of The Municipal Act is amended by adding
amlnded^^°' thereto the following paragraph:

Sale of
newspapers
on streets.

F^or licensing, regulating and governing persons selling
newspapers and magazines upon any highway and
for restricting the operations of such persons to a
particular location upon a highway and for restricting
the operations of such persons to the sale of news-
papers and magazines only and for prohibiting the
selling or offering for sale upon any highway of books,
periodicals, pamphlets or other printed matter
except newspapers and magazines and for revoking
any license granted.

c.23'3, 8^431. 28. Paragraph 2 of section 431 of The Municipal Act is
amended. amended by striking out the words "vendors of newspapers"
in the second line.

29. Section 431a of The Municipal Act as enacted by

Rev. Stat.,
c. 233,

ti928,^ section 16 of The Municipal Amendmeftt Act, 1928, is amended

aniended^^' ^^ adding at the end of the heading thereof the following
words :

"and by councils of townships bordering on a city having
a population of not less than 100,000."

c!'^2^"3^s^437, 3^- Section 437 of The Municipal Act is repealed and the
repealed. ' following substituted therefor:

184

Expenses of

entertaining

guests and

for

travelling

on civic

business.

437. The council of a city, town, village, county or town-
ship may pay for or towards the reception or enter-
tainment of persons of distinction or the celebration
of events or matters of national interest or import-
ance, or for or towards travelling or other expenses
incurred in respect to matters pertaining to or affect-
ing the interests of the corporation, a sum not
exceeding in any year in the case of

(a) a city having a population of not less than
200,000— $30,000;

(b) a city having a population of not less than

100,000— $20,000;

50,000— $10,000;

(d) a city or town having a population of not less

than 20,000— $2,500;

(e) a city or town having a population of not less

than 10,000— $1,000;

(J) a county— $1,500;

(g) other municipalities — $500.

c!^^2^'3?s^534, 31. Section 534 of The Municipal Act is amended by adding
amended. thereto the following subsection :

Length of
sidewalk
to be cleared
by owner.

(4) Where a by-law is passed under clause (e) of sub-
section 1, the maximum length or distance of side-
walks adjoining land occupied and used as farm lands
for which the occupant or owner thereof may be
required to clear away and remove snow and ice or
be charged with the expense of such clearing away
and removal shall be limited to two hundred lineal
feet notwithstanding that a greater length or
distance of sidewalks may adjoin such land, and
the clearing away and removal of snow and ice
from such greater length or distance shall be under-
taken by the trustees at the expense of the police
village.

Rev. Stat.
c. 233,
amended.

32. Form 3a set forth in schedule "A" hereto is added
to The Municipal Act.

ment"oTAct ^^- This Act other than sections 5 and 14 and so much of
the provisions of sections 6 and 7 as relate to farmers'
daughters shall come into force on the day upon which it

184

receives the Royal Assent. Sections 5 and 14 and so much
of the provisions of sections 6 and 7 as relate to farmers'
daughters shall take effect as may be necessary for annual
municipal elections for the year 1933, whether the same are
to be held under the provisions of section 72 or under the
provisions of sections 73, 74 or 75 of The Municipal Act,
and for all purposes shall come into force on the 1st day of
January, 1933.

184

SCHEDULE "A"
FORM 3a
BALLOT PAPER FOR CITIES

OF NOT LESS THAN 200,000 POPULATION

Form for Mayor and Controllers

ALLAN

Charles Allan,

of King Street,

in the City of Toronto,

Merchant.

BROWN

William Brown,

of the City of Toronto,

Banker.

Form for Aldermen

ARGO

James Argo,

of the City of Toronto,

Gentleman.

ONTO

an. 1st, 193
bdivision No.

RiVIAN

BAKER

Samuel Baker,

o « *c, iiJ =

of the City of Toronto,
Baker.

OF 1

ilectioi
1 Pollin

Coun

DUNCAN

Robert Duncan,

>s - ■ Q.

of the City of Toronto,
Printer.

"11 =

ROBINSON

i « O

Archibald Robinson,
of the City of Toronto,
Butcher.

5 ^ L-

184

H
n

o
o

>
3

3
G.

n
n-
>

r
r

No. 184

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

The Municipal Amendment Act, 1931.

Mr. Macaulay

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No, 184 1931

BILL

The Municipal Amendment Act, 1931.

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 Municipal Amendment
Act, 1931.

c^®233^*s*'46 2- Subsection 7 of section 46 of The Municipal Act is
^ut)s 7. repealed and the following substituted therefor:

Council of (7) Notwithstanding anything in any special Act the

Toronto. council of the city of Toronto shall consist of the

?^233^*s*'53 ^- Clause r of subsection 1 of section 53 of The Municipal
subs i ci. r'Act is repealed and the following substituted therefor:

Unpaid U) A person whose taxes at the time of the election are

exception. overdue and unpaid, but this clause shall not apply

to a person who is a bona fide tenant and qualifies
as a householder if such overdue and unpaid taxes
as between him and his landlord are taxes the latter
ought to pay.

?^233^*s.*'53. "*• Subsection 2 of section 53 of The Municipal Act is
subs. 2 amended by adding thereto the following clause:

amendea. j o o

184

5.— (1) Clause d of subsection 1 of section 56 of The Miini-^^li^^'t^'hQ,
cipal Act is amended by inserting the words "or farmer's p"*'^^- ^•
daughter" after the word "son" in the seventh line. amended.

(2) Subsection 6 of said section 56 is amended by inserting ^^ v. gStat.,
the words "or farmer's daughter" after the word "son" in subs. 6. '
the third line, by inserting the words "or she" after the word

"he" in the fourth line, by inserting the words "or a farmer's
daughter" after the word "son" in the fifth line, and by
inserting the words "or her" after the word "his" in the
sixth line.

(3) Subsection 7 of said section 56 is further amended by ^®233^*^*'56
inserting the words "or farmer's daughter" after the word subs. 7,

t, IT • .u 4.U- J !• amended,

son m the third hne.

6. Section 57 of The Municipal Act is repealed and the ^®J33^*8*'57,
following substituted therefor: repealed.

57. Subject to sections 60, 61 and 62, every person whose

name is entered on the proper voters' list shall be
entitled to vote at a municipal election, except that
in the case of the wife or husband of a tenant she or
he shall not be entitled to vote unless the tenant is
a resident of the municipality at the date of and has
resided therein for one month next before the election
and in the case of a farmer's son or farmer's daughter,
he or she is a resident of the municipality at the date
of the election.

7. Section 58 of The Municipal Act is repealed and the ^^Jas^^s.'ss.
following substituted therefor: repealed.

58. Except as to the disqualification arising from not^^^g'^°^"
residing in the municipality at the time of the election to be ^^
in the case of a farmer's son or farmer's daughter at election

- , - . , except as to

voter, or from the non-payment or taxes in the casenon-
of a voter whose name appears on the defaulters
list, no question as to the qualifications of any
person whose name is entered on the proper list of
voters shall be raised at an election.

8. Section 94 of The Municipal Act is amended by adding ^®2'33^*8^*94^
thereto the following subsection : amended.

(2) In cities having a population of not less than 200,000 ballot"
the ballot papers shall be according to Form 3a, fn^certain
and shall contain the names of the candidates «='t'«8.
arranged as set forth in subsection 1.

184

9. Subsection 1 of section 108 of The Municipal Act is

Rev Stat ,
c. 233, s. 108,

subs. 1, amended by inserting after' the words "poll clerk" in the

second line the words "special constable."

amended.

Rev. Stat., 10. Subsection 1 of section 126 oi The Municipal Act is

c 233 s 126

subs, i,' ' repealed and the following substituted therefor:
repealed.

Procedure on
counting
ballot papers
and votes
and placing
ballot papers
into packets.

(1) All the ballot papers except those rejected shall be
counted, and an account shall be kept of the number
of votes given and allowed for each candidate, and
all the ballot papers shall be put into separate packets
as follows, —

{a) all the used ballot papers which have not been
objected to and have been counted;

{b) all the used ballot papers which have been
objected to, but which have been counted ;

{d) all the cancelled ballot papers;

{e) all the ballot papers used but unmarked;

(/) all the declined ballot papers;

(g) all the unused ballot papers.

Rev. Stat.,
c. 233,8. 127,
subs. 1,
amended.

11. Subsection 1 of section 127 oi The Municipal Act \s
amended by adding thereto the following clause :

{}f) The ballot papers used but unmarked ;

?23"3^l^*i37, 12. Section 137 of The Municipal Act is repealed and the
repealed, 'following substituted therefor:

Application
for recount
or re-
addition.

137. — (1) If, within fourteen days after the declaration
by the clerk of the result of the election, upon the
application of a candidate or voter it is made to
appear by affidavit to a judge of the county or
district court of the county nr district in which the
municipality is situate, that a deputy returning
officer, in counting the votes has improperly counted
or rejected any ballot paper, or made an incorrect
statement of the number of ballots cast for any
candidate, or has improperly added up the votes and
if within that time the applicant shall have given
security for the costs in connection with the recount
or final addition of the candidate declared elected

184

(2) In all cases of a recount or readdition of the ballots Deputy-
cast for candidates elected by general vote in a city ward^s^o?
having a population of not less than 100,000, theioo!ooo.
judge may order that the recount or readdition shall or ove^r °"
be conducted separately in each ward of such city

and for that purpose may appoint for any ward as
his deputy, another judge or a barrister of at least
ten years' standing at the bar of Ontario to
recount or readd the votes cast at the election in
such ward and a time and place for such recount or
readdition to be held, and every such deputy shall
for all the purposes of the recount or readdition and
in respect to the ward for which he is appointed,
have the powers and perform the duties of the judge
as hereinafter in this section set out.

(3) At least two days' notice in writing of the time and ^me a^nd^
place appointed shall be given to the candidates and Recount or
to the clerk, and the clerk or an assistant clerk readdition.
appointed for the purpose shall attend the recount

or readdition with the ballot boxes and all documents
relating to the election.

(4) The judge, the clerk, the assistant clerk, and each who may
candidate and his agent appointed to attend the
recount or readdition, but no other person except

with the sanction of the judge, shall be entitled to
be present at the recount.

(5) The recount shall be of the ballots cast respectively ballots to be

for the candidate declared elected when one only iSflcounfedf
to be elected and in other cases of the candidate who
received the lowest number of votes of those declared
elected by the clerk and for the defeated candidate
who received the highest number of votes for the
same office unless any other candidate in writing
requires the ballots cast for him to be recounted or
readded.

Making

(6) At the time and place appointed, and in the presence readdmon or
of such of the persons entitled to be present as may

184

Proceedings
to be con-
tinuous.

Procedure
as at close
of poll.

Evidence
may be
taken.

Judge's

certificate

of-result.

Clerk's
declaration
of result.

(11) Upon the result of the recount or readdition being

certified to him the clerk shall declare elected the

candidate so certified as having the highest number

of votes, and such declaration shall be deemed for

184

all purposes to have been substituted for the prior
declaration made under section 134 if it is different
from such prior declaration.

(12) Nothing in this section shall affect any remedy Smidies not
which any person may have under the provisions ^"^®'^*®''-
hereinafter contained by proceedings in the nature
of quo warranto or otherwise.

13. Subsection 2 of section 138 of The Municipal Act \sf.^2ii^s\zs
repealed and the following substituted therefor: ?e^^ai^d

(2) The judge may in his discretion award costs of the ^^"^^^j"^' ^
recount or readdition to or against any candidate ^-osts.
and may fix the amount of same or order that they
be taxed by the clerk of the district or county court
on a scale following as nearly as may be the tariff o
costs of the county court.

14. Subsection 1 of section 274 of The Municipal Act \s^^2i^^B^)i74,,
amended by adding thereto the following clause : Imended

{bh) farmer's daughter.

15. Clause / of subsection 2 of section 297 of The Munici-^ev. stat..

C 233 s 297

pal Act is repealed and the following substituted therefor: subs. '2.ci. /

repealed.

16. Section 329 of The Municipal Act is amended by add- ^^gs'g^s^a^s
ing thereto the following subsection : amended.

184

dLb'ln\u'res° (^) ^^Y 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.

^ 23'3^s^335 ^^' section 335 of The Municipal Act is amended by adding
amended. ' at the end thereof the following words:

"and to borrow from time to time by the issue and sale
of debentures such sum as may be necessary to repay
such advances."

Rev. Stat., 18. Section 368 of The Municipal Act is amended by adding
a'me^ndld^^^' thereto the following subsection:

Aid to (3) The council may grant pecuniary aid or other

chiidren^of assistance to the widows and children of members

police Yo^rce ^^ the police force who are killed or die from injuries

received or from illness contracted in the discharge

of their duties.

in certain
eases

c. 233, s. 397. 19. Paragraph 1 of section 397 of The Municipal Act is

In^lnd^d. amended by inserting after the word "drier" in the fifth

line the words "or a cold storage plant receiving financial aid

from the Department of Agriculture of the Province of

Ontario."

?733^s'?399, 20. Paragraph 16 of section 399 of The Municipal Act is
repealed. repealed and the following substituted therefor:

fir^e'^hSrsite. 16. For acquiring land for and erecting thereon a fire hall

^^^- and for purchasing and installing fire engines,

(a) It shall not be necessary to obtain the assent
of the electors to the by-law if it is passed by
a vote of two-thirds of all the members of
the council.

ih) No by-law shall be passed under the authority
of this paragraph while any debentures issued
under a by-law previously passed thereunder
are outstanding and unpaid unless the
approval of the Municipal Board is obtained.

184

21. Paragraph 43 of section 399 of The Municipal Act »s J^^g^yStat-.
amended by inserting after the word "from" in the first line par. 43, '
the words "soliciting or." amen

22. Section 409 of The Municipal Act is amended by adding ^^*r. . --^^^ •
thereto the following paragraph: amended.

9. For acquiring lands in the county and erecting thereon EstabUsh-
farm and other buildings and for establishing, county
developing, improving, equipping, operating and '^'^'^'"^'
maintaining such lands and buildings as a county
farm for educational, experimental and other pur-
poses in the promotion and advancement of agricul-
ture in all its branches, and for the issue of deben-
tures therefor, other than for the expenses of
operation and maintenance.

(a) It shall not be necessary to obtain the assent
of the electors to any by-law passed under
this paragraph if it is passed by a vote of
two-thirds of all the members of the council.

(6) A county council which has established a
county farm under this paragraph may enter
into agreements with the Minister of Agricul-
ture for its development, improvement and
equipment and for its operation and main-
tenance by or in conjunction with the Depart-
ment of Agriculture for such periods and upon
such terms and conditions as from time to
time may be agreed.

23. Paragraph 9 of section 411 of The Municipal Act is^^g^-g^s^^ii
amended by inserting after the words "wheeled vehicle" in par. 9*

the second line the words "other than a motor vehicle as'
defined in The Highway Traffic Act.

24. Section 412 of The Municipal Act is amended by adding J 233^3^412.
thereto the following paragraph : amended.

2. For prohibiting or for regulating and controlling the location jjf
location or erection within any defined area or areas plants, etc.
or on land abutting on defined highways or parts of
highways of any incinerator or other building, plant
or machinery to be used for the destruction or
disposal of garbage, ashes or other refuse.

25. Paragraph 3 of section 414 of The Municipal Act as Re^^.^sta^.^
re-enacted by section 9 of The Municipal Amendment Act, a^ir. z
1929, is repealed and the following substituted therefor: c. 58. 's. 9).

repealed .

184

i^catfon'of^ 3. For excrcising the powers conferred on cities by

btSSses paragraphs 2 to 13 of section 411 and by section 412.

etc.

(a) This paragraph shall not apply to a building which
was on the day the by-law is passed erected or used
for any of the purposes enumerated in said sections
411 and 412.

26. Paragraph 2 of section 429 of The Municipal Act is
^23'3^s!^429, amended by striking out the words "and other" in the fourth
amended. ^^^^ ^"^ inserting in lieu thereof the words "public halls and
all" so that the paragraph will now read as follows:

Amusement
places, etc.

For regulating and licensing, subject to the provisions
of The Theatres and Cinematographs Act, exhibitions
held for hire or gain, theatres, music halls, bowling
alleys, moving-picture shows, public halls, and all
places of amusement, and for prohibiting the location
of them or a particular class of them on land abutting
on any highway or part of a highway to be named in
the by-law and for revoking any license granted.

Rev. Stat., 27. Section 430 of The Municipal. Act is amended by addirg
amlnded^^*^' thereto the following paragraph:

Sale of
ne\v.spapers
on streets.

3. For licensing, regulating and governing persons selling
newspapers and magazines upon any highway and
for restricting the operations of such persons to a
particular location upon a highway and for restricting
the operations of such persons to the sale of news-
papers and magazines only and for prohibiting the
selling or offering for sale upon any highway of books,
periodicals, pamphlets or other printed matter
except newspapers and magazines and for revoking
any license granted.

c.23'3, 8^431, 28. Paragraph 2 of section 431 of The Municipal Act is
amended. amended by striking out the words "newspapers and" in the
second line.

0.^33, ^ ■■ 29. Section 431a of The Municipal Act as enacted by
1;i928,^ section 16 of The Municipal Amendment Act, 1928, is amended

ameiided.^^' ^^ adding at the end of the heading thereof the following
words :

"and by councils of townships bordering on a city having
a population of not less than 100,000."

Rev. Stat.,
c. 233,6. 437,
repealed.

30. Section 437 of The Municipal Act is repealed and the
following substituted therefor:

184

437. The council of a city, town, village, county or town- Expenses of
ship may pay for or towards the reception or enter- JuStt^'ind'^
tainment of persons of distinction or the celebration travelling
of events or matters of national interest or import- °^,^^i,'^',°
ance, or for or towards travelling or other expenses
incurred in respect to matters pertaining to or affect-
ing the interests of the corporation, a sum not
exceeding in any year in the case of

(a) a city having a population of not less than
200,000— $30,000;

(b) a city having a population of not less than

100,000— $20,000;

50,000— $10,000;

(d) a city or town having a population of not less
than 20,000— $2,500;

(e) a city or town having a population of not less

than 10,000— $1,000;

(/) a county— $1,500;

(g) other municipalities — $500.

31. Section 534 of The Municipal AqI is amended by adding ^^^o^*^^!'-'
thereto the following subsection : amended.

(4) Where a by-law is passed under clause {e) of sub- Length of
section 1, the maximum length or distance of side- to be cleared
walks adjoining land occupied and used as farm lands ^^' owner,
for which the occupant or owner thereof may be
required to clear away and remove snow and ice or
be charged with the expense of such clearing away
and removal shall be limited to two hundred lineal
feet notwithstanding that a greater length or
distance of sidewalks may adjoin such land, and
the clearing away and removal of snow and ice
from such greater length or distance shall be under-
taken by the trustees at the expense of the police
village.

32. Form Za set forth in schedule "A" hereto is added ^^/g^stat.

to The Municipal Act. amended.

33. This Act, other than sections 5 and 14 and so much of £°;j\%®f"Sfct
the provisions of sections 6 and 7 as relate to farmers'
daughters, shall come into force on the day upon which it

184

12
SCHEDULE "A"
FORM 3a
BALLOT PAPER FOR CITIES

OF NOT LESS THAN 200,000 POPULATION

Form for Mayor and Controllers

2 1 ■-!

I o
► ^

IS'

I a.
i Q

ALLAN

Charles Allan,

iP|'

of King Street,

in the City of Toronto,

Merchant.

BROWN

William Brown,

OS"* £ u.

of the City of Toronto,
Banker.

Form for Aldermen

■ ■ 1

ARGO

NTO
. 1st, 193

ivision No.

IVIAN

James Argo,

of the City of Toronto,

Gentleman.

BAKER

o g :

ioc.

i Ol

o ^^ o

Samuel Baker,

of the City of Toronto,

Baker.

DUNCAN

III ■

Robert Duncan,

1 <

of the City of Toronto,
Printer.

ROBINSON

i * O

Archibald Robinson,
of the City of Toronto,
Butcher.

i ^ y-

184

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No. 185

2nd Session, 18th Legislature, Ontarfo
21 George V, 1931

BILL

An Act to amend The Game and Fisheries Act.

Mr. McCrea

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 185

BILL

1931

An Act to amend The Game and Fisheries 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 Game and Fisheries Act,
1931.

Rey,- ^*^*o' 2. — (1) The clause lettered bh in section 2 of The Game
c. hb (1930, and Fisheries Act, as enacted by section 3 of The Game and

8 3)

repealed. Fisheries Act, 1930, is repealed and the following substituted
therefor :

"Farmer." (jj^^^ "Farmer" shall mean any person actually living

upon lands of which he is the owner, proprietor or
lessee, and which are of not less than fifty acres in
extent and who is bona fide engaged upon such
lands in the pursuit of agriculture, and shall include
the son or sons of such person living upon such
lands and bona fide engaged upon such lands in the
pursuit of agriculture.

c^^3'i8^*s^*2, (2) The clause lettered i in the said section 2 as amended
°^- *• by subsection 1 of section 2 of The Game and Fisheries Act,

1930, is repealed and the following substituted therefor:

"Non-
resident.

{i) "Non-resident" shall mean any person who has not
actually resided in the Province of Ontario for a
period of twelve consecutive months immediately
preceding the time that his residence becomes
material under the provisions of this Act.

Rev. Stat.,
o. 318, s. 2,

rep°eaied. amended by subsection 3 of section 2 of The Game and Fisheries

(3) The clause lettered o in section 2 of the said Act as
nended by subsection 3 of section 2 of The Game and Fisheries
Act, 1930, is repealed and the following substituted therefor:

'Resident."

(o) "Resident" shall mean any person who has actually
resided in the Province of Ontario for a period of

185

Explanatory Notes

Section 2. — (1) This will have the effect of more clearly defining
person who may be classed as "farmers" for the purposes of The Game
and Fisheries Act.

(2) This will have the effect of more clearly defining persons who
should be classed as "non-residents." On one or two occasions officers
of the Department have had difficulty in securing convictions under the
present provision against persons who were undoubtedly non-residents
of the Province, and who were either hunting or fishing in this Province
without being in possession of the proper authority.

(3) This amendment is desirable to provide phraseology which will
coincide with that of section 3, subsection 2.

185

twelve consecutive months immediately preceding
the time that his residence becomes material under
the provisions of this Act.

c.Yis, s. 6, 3. The clause lettered e in subsection 1 of section 6 of
amended.'' "' ^^^ Game and Fisheries Act is amended by inserting the
ciose^and words "the open season and" after the word "varying"
open season, where it occurs in the first line thereof.

c^^3i8^*s.*i7, '^- — (1) Subsection 1 of section 17 of The Game and Fisheries
amend^ed ^^^ ^^ amended by inserting the word "Deputy" before the
word "Minister" where it occurs in the sixth line thereof.

(2) Subsection 2 of the said section 17 is amended by
Deputy" before the word "Minister"

Rev. Stat.,
c SIS s 17

siibs. 2. ' inserting the word

where it occurs in the third line thereof.

c^sis^l'^Vi ^- Section 31 of The Game and Fisheries Act is repealed
repealed." ' and the following substituted therefor:

Prohibition
as to use of
dogs.

31. — (1) It shall be unlawful for any person to use or
be accompanied by a dog while hunting deer, moose
or caribou in that part of the Province of Ontario
lying north and west of the southerly and easterly
boundaries of the Mattawa River, Lake Nipissing
and the French River, including Manitoulin Island.

Restraint of
dogs.

(2) In the said area it shall be unlawful for the owner
of any dog to permit such dog to run at large in a
locality in which deer, moose or caribou usually
inhabit or in which they are usually found.

Prohibition
as to use of
dogs during
close season.

(3) In that part of the Province of Ontario lying south
and east of the Mattawa River, Lake Nipissing and
the French River, no owner of any dog shall permit
such dog to run at large during the close season for
deer or moose in a locality in which such animals
or any of them usually inhabit or in which they
are usually found.

Restraint
of dogs.

(4) Any person harbouring or claiming to be the owner
of such dog shall be deemed to be the owner thereof
and any dog found running deer, moose or caribou
north and west of the southerly boundaries of the
Mattawa River, Lake Nipissing and the French
River, including Manitoulin Island, or running
deer or moose south and east of the Mattawa River,
Lake Nipissing and the French River during the
close season in the last mentioned area, shall be
deemed to be at large with the permission of the

185

Section 3. Under the present section the Lieutenant-Governor in
Council may make regulations varying close seasons in any part of the
Province where local or climatic conditions will warrant. There is, how-
ever, no corresponding authority to vary the open seasons. This
amendment will provide the authority.

Section 4. Under the present subsections 1 and 2 of section 17, the
Minister only is authorized to sign the permits referred to, under which
the possession of live game may be had for scientific and educational
purposes. The amendments now provided grant the authority to sign
these permits to the Deputy Minister.

Section 5. The provisions of the new section 31 have the effect of:

31. — (1) prohibiting the use of dogs for the hunting of deer, moose
or caribou north and west of the Mattawa River, Lake Nipissing
and French River, including Manitoulin Island;

(2) making it unlawful for the owner of a dog to allow such dog
to run at large in the said area in any locality inhabited by
deer, moose«or caribou;

(3) allowing the use of dogs south and east of the Mattawa River,
Lake Nipissing and the French River for the hunting of deer,
except during close seasons;

(4) making provision for the destruction of dogs which are found
running deer, —

(o) at any time north and west of the Mattawa River, Lake
Nipissing and French River, including Manitoulin Island,
and

(b) south and east of the Mattawa River, Lake Nipissing and
French River during the close season.

185

owner and may be killed on sight by any person and
such person shall not be liable to any penalty or
damage therefor.

c^^3i8^*s*36 ^- Section 36 of The Game and Fisheries Act is further
amended. amended by adding thereto the following subsection:

rabbits.^ °^ (^) ^^ shall be unlawful for any person when using

ferrets in the hunting of rabbits to use in addition
to a ferret any contrivance whatever other than a
fire-arm in the actual taking of rabbits at such time.

nielS;™oTAct '^ ' '^^^^ ^^^ ^'^^'^ come into force on the 1st day of June,
■ 1931.

185

Section 6. This amendment has the effect of making illegal certain
practices which will include the use of nets, traps, snares, etc., for the
actual taking of rabbits where these animals are being hunted by ferrets.

Section 7. Fixes the date upon which amendments become effective.

185

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No. 185

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act to amend The Game and Fisheries Act.

Mr. McCrea

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 185

BILL

1931

An Act to amend The Game and Fisheries 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 Game and Fisheries Act,
1931.

Rev. Stat.,
c. 318, s. 2,
cl. «.
repealed.

2. — (1) The clause lettered i in section 2 of The Game and
Fisheries Act as amended by subsection 1 of section 2 of
The Game and Fisheries Act, 1930, is repealed and the following
substituted therefor:

"Non-
resident."

(i) "Non-resident" shall mean any person who has not
actually resided in the Province of Ontario for a
period of twelve consecutive months immediately
preceding the time that his residence becomes
material under the provisions of this Act.

c^1u8^*s!*2, (2) The clause lettered o in the said section 2 as amended
repealed "^^ subsection 3 of section 2 of The Game and Fisheries Act,
1930, is repealed and the following substituted therefor:

'Resident."

(o) "Resident" shall mean any person who has actually
resided in the Province of Ontarfo for a period of
twelve consecutive months immediately preceding
the time that his residence becomes material under
the provisions of this Act.

?*3i8^'s!^6', *^' The clause lettered e in subsection 1 of section 6 of
am'ended^'' *' ^^^ Game and Fisheries Act is amended by inserting the
Varying words "the Open season and" after the word "varying"

close and . -iz-i-i c jo

open season, where it occurs in the nrst line thereof.

Rev. Stat.

4. — (1) Subsection 1 of section 17 of The Game and Fisheries
ite ^i ^' ^^'^^^ is amended by inserting the word "Deputy" before the
amended. word "Minister" where it occurs in the sixth line thereof.

Rev Stat ^^^ Subsection 2 of the said section 17 is amended by

c. sis s. 17, inserting the word "Deputy" before the word "Minister"
amended. where it occurs in the third line thereof.

185

5. Section 31 of The Game and Fisheries Act is repealed ^®^- stut-.
and the following substituted therefor: repeai'ed. '

31.— (1) It shall be unlawful for any person to use or J/^J'J^^'oij!
be accompanied by a dog while hunting deer, moose '•oe"-
or caribou in that part of the Province of Ontario
lying north and west of the southerly and easterly
boundaries of the Mattawa River, Lake Nipissing
and the French River, including Manitoulin Island.

(2) In the said area it ghall be unlawful for the owner I/q^'kb.''''"' ""^
of any dog to permit such dog to run at large in a
locality in which deer, moose or caribou usually

inhabit or in which they are usually found.

(3) In that part of the Province of Ontario lying south .P'"«^''^li'o"
and east of the Mattawa River, Lake Nipissing and ^ogs during

,.. T- 1 T^- r 1 f 11 • close season.

the r rench River, no owner of any dog shall permit
such dog to run at large during the close season for
deer or moose in a locality in which such animals
or any of them usually inhabit or in which they
are usually found.

(4) Any person harbouring or claiming to be the owner Restraint
of such dog shall be deemed to be the owner thereof ° °'^^'
and any dog found running deer, moose or caribou

north and west of the southerly boundaries of the
Mattawa River, Lake Nipissing and the French
River, including Manitoulin Island, or running
deer or moose south and east of the Mattawa River,
Lake Nipissing and the French River during the
close season in the last mentioned area, shall be
deemed to be at large with the permission of the
owner and may be killed on sight by any person and
such person shall not be liable to any penalty or
damage therefor.

6. Section 36 of The Game and Fisheries Act as amended by ^^.^^jg^^'^^'^^g
section 8 of The Game and Fisheries Act, 1929, and section 11 amended,
of The Game and Fisheries Act, 1930, is further amended by

adding thereto the following subsection:

(3) It shall be unlawful for any person when using j-.'^bb-ig^ "^
ferrets in the hunting of rabbits to use in addition
to a ferret any contrivance whatever other than a
fire-arm in the actual taking of rabbits at such time.

7. This Act shall come into force on the 1st day of Jinie, ^;^^=/^™'^'-^-t
1931.

185

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No. 186

2nd Session, 18th Legislature, Ontario
21 George V, 1931

BILL

An Act for granting to His Majesty certain sums of money for the Public

Service of the financial year ending on the 31st day of October,

1931, and for the Public Service of the financial year

ending the 31st day of October, 1932.

Mr. Dunlop

TORONTO

Printed by Herbert H. Ball

Printer to the King's Most Excellent Majesty

No. 186 1931

BILL

An Act for granting to His Majesty certain sums of
money for the Public Service of the financial year
ending on the 31st clay of October, 1931, and for
the Public Service of the financial year ending the
31st day of October, 1932.

Most Gracious Sovereign:

Preamble. TTTHEREAS it appears by message from His Honour
W William Donald Ross, Esq., Lieutenant-Governor of
the Province of Ontario, and the estimates accompanying the
same, that the sums hereinafter mentioned in the schedules
to this Act are required to defray certain expenses of the
public service of this Province, not otherwise provided for,
for the financial year ending the 31st day of October, 1931,
and for the financial year ending the 31st day of October, 1932,
and for other purposes connected with the public service;
May it therefore please Your Majesty that it may be enacted,
and it is hereby enacted by the King's Most Excellent
Majesty, by and with the advice and consent of the Legislative
Assembly of the Province of Ontario, as follows:

IrantedfoJ" 1. From and out of the Consolidated Revenue Fund of
3i8t^octobe^r, ^his Province, there may be paid and applied a sum not
1931. ' exceeding in the whole Ten million nine hundred and seventy-

seven thousand four hundred and seventeen dollars and ten
cents towards defraying the several charges and expenses of
the public service of this Province, not otherwise provided for,
from the 1st day of November, 1930, to the 31st day of
October, 1931, as set forth in schedule "A" to this Act.

Iranted^or" 2. From and out of the Consolidated Revenue Fund of
fiscal year this Province, there may be paid and applied a sum not
exceeding in the whole Forty-four million seven hundred and
sixty-four thousand three hundred and fifty-nine dollars towards
defraying the several charges and expenses of the public
service of this Province, not otherwise provided for, from the
1st day of November, 1931, to the 31st day of October, 1932,
as set forth in schedule "B" to this Act.

186

Accounts in detail of all moneys received on account A'"

T-. • 1 • . . . ^ . . . - . ^ - to

COUI

bo Ic

of this Province during the said financial year 1930-1931, and li'efore' _

of all expenditures under schedule "A" of this Act, shall be^""^"'^'^'

laid before the Legislative Assembly at its first sitting after

the completion of the said period; and accounts in detail of

all moneys received on account of this Province during the

financial year 1931-32 and of all expenditures under schedule

"B" of this Act shall be laid before the Legislative Assembly

at the first sitting after the completion of the said financial

year.

4. Any part of the money under schedule "A" appropriated ^^■^lll',^^ f^,r
by this Act out of the Consolidated Revenue, which may be lo-^o-.u
unexpended on the 31st day of October, 1931, shall not betotaple^ **
expended thereafter, except in the payment of accounts and
expenses incurred on or prior to the said day ; and all balances
remaining unexpended after the said date or at such sub-
sequent date as may be fixed by the Lieutenant-Governor in
Council under the provisions of The Audit Act shall lapse and
be written off.

5. Any part of the money under schedule "B" appropriated ')^\}_*^l{'^^^^ f^r
by this Act out of the Consolidated Revenue, which may be 19.U-32
unexpended on the 31st day of October, 1932, shall, not be to lapse,
expended thereafter, except in the payment of accounts and
expenses incurred on or prior to the said day; and all balances
remaining unexpended after the said date or after a date fixed
by the Lieutenant-Governor in Council as mentioned in
section 4 shall lapse and be written off.

The due application of all moneys expended under this Account-

ing for
Act out of the Consolidated Revenue shall be accounted for expenditure.

to His Majesty.

7. This Act shall come into force on the day upon which i^ient'tff'Tct.
it receives the Royal Assent.

SCHEDULE "A"

Sums granted to His Majesty by this Act for the financial
year ending on the thirty-first day of October, one thousand
nine hundred and thirty-one, to defray expenses of:

Prime Minister's Department sS930,000.00

Legislation 6,500.00

Attorney-General's Department. . 178,150.15

Insurance Department 5,300.00

Education Department 2,439,337.00

186

Lands and Forests Department. . $366,240.00

Mines Department 279,615.00

Game and Fisheries Department. . 129,850.00

Public Works Department 2,496,961 . 77

Highways Department 116,350.00

Health Department 763,375.00

Labour Department 18,440.63

PubHc Welfare Department 2,724,800.00

Provincial Treasurer's Department 3 1 ,425 . 00

Provincial Auditor's Office 6,500.00

Provincial Secretary's Department 153,179. 75

Agriculture Department 303,177.80

Miscellaneous 28,215 . 00

Total estimates for expenditure of 1930-

1931 $10,977,417 . 10

SCHEDULE "B"

Sums granted to His Majesty by this Act for the financial
year ending on the thirty-first day of October, one thousand
nine hundred and thirty-two, to defray expenses of:

Lieutenant-Governor's Office $6,450.00

Prime Minister's Department. . . 10,738,525.00

Legislation 356,925 . 00

Attorney-General's Department . 2,473,805 . 00

Insurance Department 67,500.00

Education Department 8,291,909.00

Lands and Forests Department. . 2,762,015.00
Northern Development Depart-
ment 641,950.00

Mines Department 443,725 . 00

Game and Fisheries Department 658,775.00

Public Works Department 1,057,335.00

Highways Department 634,225.00

Health Department 7,069,725.00

Labour Department 433,175.00

Public Welfare Department 3,540,375.00

Provincial Treasurer's Depart-
ment 592,425.00

Provincial Auditor's Office 109,725.00

Provincial Secretary's Depart-
ment 1,388,480.00

Agriculture Department 2,946,315 .00

Miscellaneous 551,000.00

Total estimates for expenditure of 1931-

1932 $44,764,359.00

186

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