Full text of "Bills, 1977, No.61-130"

See other formats

■y"

^^\vt imARTo^

TORONTO

A^'K 1 y 1978

.'^••'t

LEGISLATIVE ASSEMBLY

OF ONTARIO

FIRST SESSION
THIRTY-FIRST PARLIAMENT

BILLS

AS INTRODUCED IN THE HOUSE

TOGETHER WITH

REPRINTS AND THIRD READINGS

137245

SESSION
JUNE 27th to JULY 12th, 1977

AND

OCTOBER 17th to DECEMBER 16th, 1977

r
9

. %.

INDEX

FIRST SESSION
THIRTY-FIRST PARLIAMENT

PUBLIC BILLS (GOVERNMENT)

A Bill No.

Airports Act — Act to amend 35

Assessment Act — Act to amend 91

Audit Act — Act to revise 43

Business Corporations Act — Act to amend 31

Children — Act to reform the Law respecting the Status of 61

Children — Act to provide for the Transfer of Services relating to 23

Commodity Futures Contracts — Act to regulate Trading in 32

Condominium Act — Act to amend 115

Corporations Tax Act, 1972 — Act to amend 15

— Act to amend 88

County Judges Act — Act to amend 78

Discrimination in Business Relationships — Act to prohibit 129

District Municipality of Muskoka Act — Act to amend 37

Environment in Ontario — Act to impose a Tax on Certain Pollutants of

the 18

Essex County Board of Education to provide a French-language Secondary

School — Act to require 3

Environmental Assessment Act, 1975 — Act to amend 2

Family Law Reform Act, 1977 59

Farm Products Payments Act — Act to amend 45

Farm Products Marketing Act — Act to amend 102

Gift Tax Act. 1972— Act to amend 16

[3]

H Hill N<.

Highway Traffic Act — Act to amend \9

— Act to amend 85

— Act to amend 107

— Act to amend 112

Income Tax Act — Act to amend 5

Income Tax Refunds — Act to regulate the Discounting of 99

Judicature Act — Act to amend 77

— Act to amend 79

Labour Relations Act — Act to amend 22

Land Speculation Tax Act, 1974 — Act to amend 14

Land Transfer Tax Act, 1974 — Act to amend 13

Landlord and Tenant Act — Act to amend 128

Legislative Assembly Act — Act to amend 26

— Act to amend 47

—Act to amend 122

Legislative Assembly Retirement Allowances Act, 1973 — Act to amend. . . 48

— Act to amend. . . 123

Marriage Act — Act to revise 62

Mental Health Act — Act to amend 124

Milk Act — Act to amend 103

Ministry of Northern Affairs — Act to establish 21

Motor Vehicle Tax Act — Act to amend 17

Motorized Snow Vehicles Act, 1974 — Act to amend 20

Municipal Act — Act to amend 40

— Act to amend 127

Municipal Elections — Act respecting 49

Municipal Elections Act, 1972 — Act to revise 98

Municipalities — Act to provide for the Licensing of Businesses by 119

Municipality of Metropolitan Toronto Act — Act to amend 39

— Act to amend 120

N
Negligence Act — Act to amend 94

O Bill No.

Occupational Health and Occupational Safety of Workers — Act respecting 70

Ontario Guaranteed Annual Income Act, 1974 — Act to amend 73

Ontario Unconditional Grants Act, 1975 — Act to amend 6

Ontario Youth Employment Act, 1977 11

Oxford, County of — Act to provide for Municipal Hydro-Electric Service

in the Ill

Oxford Act, 1974, County of — Act to amend 38

Peel Municipal Hydro-Electric Act, 1977 56

Personal Property Security Act — Act to amend 24

Planning Act — Act to amend 110

Police Act — Act to amend 113

— Act to amend 114

Provincial Courts Act — Act to amend 80

Public Transportation and Highway Improvement Act — Act to amend ... 84

Public Utilities Act — Act to amend 41

Public Vehicles Act — Act to amend 34

♦Raising of Money on the Credit of the Consolidated Revenue Fund — Act to

authorize 8

Retail Sales Tax Act — Act to amend 12

Regional Municipalities — Act to amend certain Acts respecting 36

Ryerson Polytechnical Institute — Act respecting 25

Sandwich, Windsor and Amherstburg Railway — Act respecting 97

Securities Act — Act to revise 30

Small Claims Courts Act— Act to amend 81

Succession Duty Act — Act to amend 7

Succession to the Estates of Deceased Persons — Act to reform the Law

respecting 60

Successor Rights on the Transfer of and Undertaking to or from the

Crown — Act to provide for 4

Supply Act, 1977 130

Surrogate Courts Act — Act to amend 65

Timmins-Porcupine Act, 1972 — Act to amend 42

Tobacco Tax Act — Act to amend 10

Topsoil in Ontario — Act to preserve 72

Toronto Area Transit Operating Authority Act, 1974 — Act to amend. ... 44

* Recorded vote

U Bill No.
Unified Family Court Act, 1976 — Act to amend 1 i

Venture Investment Corporations — Act respecting the Registration of . . . 9

PUBLIC BILLS (PRIVATE MEMBERS')

A Bill No.

Assessment Act — Act to amend 95

Class Actions — Act to provide for 51

Condominium Act — Act to amend 108

— Act to amend 118

Condominium Property Management Firms — Act to register 96

Consumer Protection Act — Act to amend 53

Education Act, 1974 — Act to amend 57

— Act to amend 66

Election Act — Act to amend 116

Election Public Opinion Polls — Act respecting 29

Emergency Medical and First Aid Services — Act to relieve Persons from

Liability in respect of voluntary 71

Employment Standards Act, 1974— Act to amend 83

— Act to amend 93

— Act to amend 106

Environmental Assessment Act, 1975 — Act to amend 100

Family Benefits Act — Act to amend 54

Family Day — Act respecting 121

Freedom of Information — Act to provide for 50

Government Programs— Act to provide for the Disclosure of Information

relating to the Cost of 125

Highway Traffic Act — Act to amend 92

Labour Relations Act — Act to amend 67

— Act to amend 68

— Act to amend 69

— Act to amend 126

Landlord and Tenant Act — Act to amend 117

Legislative Assembly Act — Act to amend 74

Liquor Licence Act, 1975 — Act to amend 46

— Act to amend 76

— Act to amend 87

Hill \,

Ministry of Consumer and Commercial Relations Act — Act to amend. ... 75

Motor Vehicle Access to Property by Private Road — Act respecting 63

Occupiers' Liability — Act respecting 52

Official Languages of Ontario — Act respecting 86

Ontario Food Terminal Act — Act to amend 82

Ontario Human Rights Code — Act to amend 27

Ontario Waste Disposal and Reclamation Commission — Act to establish . . 58
Ontario Commission on Waste Management and Resource Recovery

Systems 1 05

Petty Trespass Act — Act to amend 101

Planning Act — Act to amend 89

Proceedings Against the Crown Act — Act to amend 33

Public Hospitals Act — Act to amend 104

Special Education Programs — Act respecting 109

— Act respecting 28

Small Business in Ontario — Act respecting 64

Toxic and Hazardous Substances — Act respecting 90

PRIVATE BILLS

B Bill No.

Burlington — Act respecting the City of Pr8

Casgrain — Act respecting Certain Lands in the Township of Prl2

Chatham — Act respecting the City of Pr30

Circle R Boys Ranch — Act respecting Prl9

Dover — Act respecting the Township of Pr2

East Zorra-Tavistock — Act respecting the Township of Pr29

Etobicoke — Act respecting the Borough of Pr22

Fuller- Austin of Canada Limited — An Act respecting Pr21

Garnet Holdings Limited — Act respecting Pr31

Georgina — Act respecting the Township of Pr30

Hamilton — Act respecting the City of Pr7

— Act respecting the City of Pr28

Kedna Enterprises Limited — Act respecting Pr33

Kitchener — Act respecting the City of Prl7

London — Act respecting the City of PrlO

Loubill Hobbies and Sports Limited — Act respecting Pr37

Middlesex — Act respecting the County of Prl6

Matol Holdings Limited — Act respecting Pr23

Niagara Institute for International Studies — Act respecting Pr24

O Bill No.

Ottawa — Act respecting the City of Prl4

— Act respecting the City of Prl5

Peterborough — Act respecting the County of Pr4

Port McNicoll — Act respecting the Village of Pr5

Sarnia — Act respecting the City of Pr25

— Act respecting the City of Pr34

Sault Ste. Marie — Act respecting the City of Pr9

Scarborough — Act respecting the Borough of Pr38

Shore and Horwitz Construction Limited — Act respecting Pr35

Stanley Starr Limited — Act respecting Pr32

Sudbury Young Women's Christian Association — Act respecting Prl3

Toronto — Act respecting the City of Prl8

Tay — Act respecting the Township of Prl

Thunder Bay — Act respecting the City of Pr36

Windsor — Act respecting the City of Prll

— Act respecting the City of Pr27

BILL 61 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to reform the
Law respecting the Status of Children

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Part I. The Bill would remove any distinction in law between
legitimate and illegitimate children. A child would be a child of his
natural parents regardless of their marital status.

Part II. This Part deals with the establishment of parentage.
Maternity is generally ascertainable through the event of birth, registration
and nurture. The existence of certain circumstances set out in section 8
would raise a presumption of paternity similar to the present presumption
of legitimacy if bom in wedlock. Also, similarly, the presumption can be
rebutted where an issue arises turning on paternity.

Part III. The amendments eliminate specific references to legitimacy,
illegitimacy or legitimation in other statutes and makes other complementary
amendments.

BILL 61 1977

An Act to reform the
Law respecting the Status of Children

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

PART I

EQUAL STATUS OF CHILDREN

1. — (1) Subject to subsection 2, for all purposes of the i^^j}|^o^ ^
law of Ontario a person is the child of his or her natural
parents and his or her status as their child is independent
of whether the child is born within or outside marriage.

(2) Where an adoption order has been made, section 83 Exception for
or 85 of The Child Welfare Act applies and the child is the chiwren
child of the adopting parents as if they were the natural ^f4° ^^''°'
parents.

(3) The parent and child relationships as determined under ^\ation-
subsections 1 and 2 shall be followed in the determination of ships
other kindred relationships flowing therefrom.

(4) Any distinction at common law between the status distilTa^on of
of children bom in wedlock and bom out of wedlock is ^b^Wghed^
abolished and the relationship of parent and child and
kindred relationships flowing therefrom shall be deter-
mined for the purposes of the common law in accordance

with this section.

2, — (1) For the purposes of construing any instrument, R^^jJl^oj^^^j^^
Act or regulation, unless the contrary intention appears,
a reference to a person or group or class of persons
described in terms of relationship by blood or marriage
to another person shall be construed to refer to or include
a person who comes within the description by reason of

the relationship of parent and child as determined under
section 1.

Application (2) Subsection 1 applies to,

(a) any Act of the Legislature or any regulation,
order or by-law made under an Act of the Legis-
lature enacted or made before, on or after the
day this Act comes into force; and

(6) any instrument made on or after the day this
Act comes into force.

PART II

ESTABLISHMENT OF PARENTAGE

Court under 3^ The court having jurisdiction for the purposes of
sections 4 to 7 shall be the Unified Family Court in the
Judicial District of Hamilton-Wentworth and the Supreme
Court in the other parts of Ontario.

Application 4.^ — (J) ^ny person having an interest may apply to a
declaration court for a declaration that a male person is recognized in

law to be the father of a child or that a female person

is the mother of a child.

declaration (2) Where the court finds that a presumption of paternity

recognized exists under section 8 and unless it is established, on the

balance of probabilities, that the presumed father is not the

father of the child, the court shall make a declaratory order

confirming that the paternity is recognized in law.

Declaration (3) Where the court finds on the balance of probabilities
maternity that the relationship of mother and child has been estab-
lished, the court may make a declaratory order to that effect.

i<^e™ (4) Subject to sections 6 and 7, an order made under

this section shall be recognized for all purposes.

Application 5^ — (J) Where there is no person recognized in law under
declaration of section 8 to be the father of a child, any person may apply
where no to the court for a declaration that a male person is his or
presump on ^^^ father, or any male person may apply to the court for
a declaration that a person is his child.

Limitation (2) An application shall not be made under subsection 1
unless both the persons whose relationship is sought to be
established are living.

Section 4. Judicial procedure is provided for confirming paternity
that is under a presumption or maternity. This may be taken by a third
person having an interest, e.g., the personal representative in an estate,
and whether or not the parent and child are living.

Section 5. Judicial procedure is provided for establishing paternity
where there is no presumption, but only during the life of both father and
child.

Sections 6 and 7. Review on new evidence and appeals are pro-
vided for.

Section 8. The presumptions of paternity are set out.

(3) Where the court finds on the balance of probabihties ^®i'^^^**'°'"y
that the relationship of father and child has been estab-
lished, the court may make a declaratory order to that
effect and, subject to sections 6 and 7, the order shall be
recognized for all purposes.

6. Where a declaration has been made under section Reopening
4 or 5 and evidence becomes available that was not evidence
available at the previous hearing, the court may, upon
application, discharge or vary the order and make such

other orders or directions as are ancillary thereto.

7. An appeal lies from an order under section 4 or 5 or a Appeal
decision under section 6 in accordance with the rules of the
court.

8. — (1) Unless the contrary is proven on a balance of Recognition
probabilities, there is a presumption that a male person parentage
is, and he shall be recognized in law to be, the father of a
child in any one of the following circumstances:

1. The person is married to the mother of the child
at the time of the birth of the child.

2. The person was married to the mother of the child
by a marriage that was terminated by death or judg-
ment of nullity within 300 days before the birth of
the child or by divorce where the decree nisi was
granted within 300 days before the birth of the child.

3. The person marries the mother of the child after
the birth of the child and acknowledges that he is
the natural father.

4. The person was cohabiting with the mother of the
child in a relationship of some permanence at the
time of the birth of the child or the child is born
within 300 days after they ceased to cohabit.

5. The person and the mother of the child have
filed a statutory declaration under subsection 8 of
section 6 of The Vital Statistics Act or a request ffgj^^''"-
under subsection 5 of section 6 of that Act, or either

under a similar provision under the corresponding
Act in another jurisdiction in Canada.

6. The person has been found or recognized in his life-
time by a court of competent jurisdiction in Canada
to be the father of the child.

Where

marriage

void

(2) For the purpose of subsection 1, where a man and
woman go through a form of marriage with each other, in
good faith, that is void and cohabit, they shall be deemed to
be married during the time they cohabit and the marriage
shall be deemed to be terminated when they cease to cohabit.

Conflicting
presump-
tions

(3) Where circumstances exist that give rise to a pre-
sumption or presumptions of paternity by more than one
father under subsection 1, no presumption shall be made as
to paternity and no person is recognized in law to be the
father.

bnit*?n ®* ^ written acknowledgment of parentage that is ad-

evidenceof mitted in evidence in any civil proceeding against the
ment against interest of the person making the acknowledgment is
° ®"^ prima facie proof of the fact.

Approved
blood tests

10. — (1) Upon the application of a party in a civil
proceeding in which the court is called upon to determine
the parentage of a child, the court may give the party
leave to obtain blood tests of such persons as are named in
the order granting leave and to submit the results in evidence.

attached^^ (2) Leave under subsection 1 may be given subject to
such terms and conditions as the court thinks proper.

fromrefusai ^^^ Where leave is given under subsection 1 and a
person named therein refuses to submit to the blood test,
the court may draw such inferences as it thinks appropriate.

Consent (4) Where a person named in an order granting leave

Incapacity under subsection 1 is not capable of consenting to having

a blood test taken, the consent shall be deemed to be

sufficient,

(a) where the person is a minor of the age of sixteen
years or more, if the minor consents;

{b) where the person is a minor under the age of
sixteen years, if the person having the charge of
the minor consents; and

(c) where the person is without capacity for any
reason other than minority, if the person having
his charge consents and a legally qualified medical
practitioner certifies that the giving of a blood sample
would not be prejudicial to his proper care and
treatment.

Sr^i(fod°'^^ 1 1 . The Lieutenant Governor in Council may make
tests regulations governing blood tests for which leave is given

Section 9. Acknowledgments against interest are given recognition
as evidence of parentage.

Sections 10 and 11. The use of blood tests as evidence of paternity
is encouraged by regulating standards for testing, by facilitating medical
consents in cases of persons without capacity and by permitting the court
to attach evidentiary significance to a refusal.

Sections 12, 13, 14, 15 and 16. Provision is made for acknowledgment
of paternity by statutory declaration to be filed and available in the office
of the Registrar General, with no special evidentiary value except when
used in a court case against interest. Other documents clarifying paternity
would also be collected and available.

by a court under section 10 including, without limiting the
generality of the foregoing,

(a) the method of taking blood samples and the
handling, transportation and storage thereof;

(b) the conditions under which a blood sample may be
tested ;

(c) designating persons or facilities or classes thereof
who are authorized to conduct blood tests for the
purposes of section 10;

(d) prescribing procedures respecting the admission of
reports of blood tests in evidence;

(e) prescribing forms for the purpose of section 10
and this section and providing for their use.

12.— (1) Any person may file in the office of the Registrar ||c*ara«^n
General a statutory declaration, in the form prescribed by of paternity
the regulations, affirming that he is the father of a child.

(2) Upon application and upon payment of the fee infection
prescribed under The Vital Statistics Act, any person having r.s.o. i970.
an interest may inspect any relevant statutory declaration ° ^^^
filed under subsection 1 and obtain a certified copy thereof
from the Registrar General.

13. Upon application and upon payment of the fee pre- 0°^°"°°
scribed under The Vital Statistics Act, any person who has under
an interest, furnishes substantially accurate particulars and c.483, s. 6 (5, 8)
satisfies the Registrar General as to his reason for requiring
it may inspect any statutory declaration filed under subsec-
tion 8 of section 6 of The Vital Statistics Act or any request
filed under subsection 5 of section 6 of that Act and obtain
a certified copy thereof from the Registrar General.

14. — (1) The registrar or clerk of every court in Ontario f^[^i°? of
shall furnish the Registrar General with a statement in decisions
the form prescribed by the regulations respecting each parentage
order or judgment of the court that makes a finding of
parentage or that is based upon a recognition of parentage.

(2) Upon application and upon payment of the fee by'pSbiic"
prescribed under The Vital Statistics Act, any person may
inspect an order or judgment filed under subsection 1 and
obtain a certified copy thereof from the Registrar General.

Certified
copies as
evidence

15. A certificate certifying a copy of a document to be a
true copy, obtained under section 12, 13 or 14, purporting
to be signed by the Registrar General or Deputy Registrar
General or on which the signature of either is lithographed,
printed or stamped is, without proof of the office or signature
of the Registrar General or Deputy Registrar General, receiv-
able in evidence as prima facie proof of the filing and contents
of the document for all purposes in any action or proceeding.

Duties of
Registrar
General

16. Nothing in this Act shall be construed to require the
Registrar General to amend a registration showing parentage
other than in recognition of an order made under section 4,
5 or 6.

Regulations
for forms

17. The Lieutenant Governor in Council may make
regulations prescribing forms for the purposes of this Part.

PART III

COMPLEMENTARY AMENDMENTS

?l?sT6°(i) 18.— (1) Subsection 1 of section 16 of The Infants Act,
amended being chapter 222 of the Revised Statutes of Ontario, 1970,

is amended by inserting after "father" in the third line "if

known".

amended (^) Subsection 2 of the said section 16 is amended by

inserting after "no" in the first line "known".

R.S.0. 1970,

C.242.

repealed

19. The Legitimacy Act, being chapter 242 of the Revised
Statutes of Ontario, 1970, is repealed.

?M?'8T!4) 2^- Subsection 4 of section 7 of The Perpetuities Act,
amended being chapter 343 of the Revised Statutes of Ontario,

1970, is amended by striking out "legitimation" in the

second line.

?"^"8^3o°' ^1* Section 30 of The Quieting Titles Act, being chapter
amended 396 of the Revised Statutes of Ontario, 1970, is amended
by striking out "legitimate" in the second line.

^«°'^^'°' 22. — (1) Subclause i of clause d of section 1 of The

8.1(d)(1), Succession Duty Act, being chapter 449 of the Revised

Statutes of Ontario, 1970, is amended by striking out

"legitimate".

amended^' (^) Subclause iv of clause d of the said section 1 is

amended by striking out "legitimate" in the first line.

amendVd^^^^' (^) Subclause i of clause c of subsection 11 of section
7 of the said Act, as re-enacted by the Statutes of Ontario,

Section 17. Prescribing forms by regulation is provided for.

Section 18. The provisions amended are concerned with the consent
of a father on appointment of a guardian. The amendments recognize that
the father, as determined under this Act, may not be known.

Sections 19 to 24. The amendments eliminate references to legitimate
and illegitimate children.

1973, chapter 109, section 2, is amended by striking out
"legitimate".

23.— (1) Subsection 2 of section 6 of The Vital Statistics JfgJsTc^i)
Act, being chapter 483 of the Revised Statutes of Ontario, amended
1970, is amended by striking out "an illegitimate child"
in the first and second lines and inserting in lieu thereof
"a child born outside marriage".

(2) Section 12 of the said Act, as amended by the Statutes Ij^ln^je^
of Ontario, 1971, chapter 98, section 4, is further amended

by striking out "a child has been legitimated by the sub-
sequent intermarriage of his parents" in the first and second
lines and inserting in lieu thereof "after the birth of a child
his parents intermarry", and by striking out "as to the
legitimation" in the thirteenth line.

(3) Subsection 2 of section 41 of the said Act is repealed, pg^g^i^'^j

24. Clause r of subsection 1 of section 1 of The Work- ^fA^- ^^''°-
men's Compensation Act, being chapter 505 of the Revised s. i(i')(r).
Statutes of Ontario, 1970, as amended by the Statutes of
Ontario, 1973, chapter 173, section 1, is further amended

by striking out "and, where the employee is the parent or
grandparent of an illegitimate child, includes such child and,
where the employee is an illegitimate child, includes his
parents and grandparents" in the eighth, ninth, tenth and
eleventh lines and in the amendment of 1973.

25. This Act comes into force on the 31st day of March, commence-

.. «-^ ment

1978.

26. The short title of this Act is The Children's Law Reform short title
Act, 1977.

r-t-

O
•I

fD
-1

•<

«-0

<-h

K«

C/>

Si-

•-1

ft.

ft-

5'^

orq o

P O
rf •-)

BILL 61 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to reform the
Law respecting the Status of Children

The Hon. R. McMurtry
Attorney General

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Part I. The Bill would remove any distinction in law between
legitimate and illegitimate children. A child would be a child of his
natural parents regardless of their marital status.

Part III. The amendments eliminate specific references to legitimacy,
illegitimacy or legitimation in other statutes and makes other complementary
amendments.

BILL 61 1977

An Act to reform the
Law respecting the Status of Children

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

PART I

EQUAL STATUS OF CHILDREN

1. — (1) Subject to subsection 2, for all purposes of the J^^^i^^of
law of Ontario a person is the child of his or her natural
parents and his or her status as their child is independent
of whether the child is born within or outside marriage.

(2) Where an adoption order has been made, section 83 ^xcegion for
or 85 of The Child Welfare Act applies and the child is the children
child of the adopting parents as if they were the natural ^•|4°- ^^''°-
parents.

(3) The parent and child relationships as determined under J^\^tion.
subsections 1 and 2 shall be followed in the determination of ships
other kindred relationships flowing therefrom.

(4) Any distinction at common law between the status distinction of
of children bom in wedlock and bom out of wedlock is il^ritimacy

£iDollshea

abolished and the relationship of parent and child and
kindred relationshif)s flowing therefrom shall be deter-
mined for the purposes of the common law in accordance
with this section.

2. — (1) For the purposes of construing any 'instrument, ^"^^1^.0^^^^^^^
Act or regulation, unless the contrary intention appears,
a reference to a person or group or class of persons
described in terms of relationship by blood or marriage
to another person shall be construed to refer to or include
a person who comes within the description by reason of

the relationship of parent and child as determined under
section 1.

Application (2) Subsection 1 applies to,

(a) any Act of the Legislature or any regulation,
order or by-law made under an Act of the Legis-
lature enacted or made before, on or after the
day this Act comes into force; and

(b) any instrument made on or after the day this
Act comes into force.

PART II

ESTABLISHMENT OF PARENTAGE

Court under

88.4-7

3. The court having jurisdiction for the purposes of
sections 4 to 7 shall be the Unified Family Court in the
Judicial District of Hamilton-Wentworth and the Supreme
Court in the other parts of Ontario.

Application 4^ — ^j) ^^y person having an interest may apply to a
declaration court for a declaration that a male person is recognized in

law to be the father of a child or that a female person

is the mother of a child.

Declaration
of paternity
recognized
at law

Declaration

maternity

Idem

(2) Where the court finds that a presumption of paternity
exists under section 8 and unless it is established, on the
balance of probabilities, that the presumed father is not the
father of the child, the court shall make a declaratory order
confirming that the paternity is recognized in law.

(3) Where the court finds on the balance of probabilities
that the relationship of mother and child has been estab-
lished, the court may make a declaratory order to that effect.

(4) Subject to sections 6 and 7, an order made under
this section shall be recognized for all purposes.

Application 5^__(i) Where there is no person recognized in law under
declaration of section 8 to be the father of a child, any person may apply
where no to the court for a declaration that a male person is his or
presump ion ^^^ father, or any male person may apply to the court for
a declaration that a person is his child.

Limitation (2) An application shall not be made under subsection 1
unless both the persons whose relationship is sought to be
established are living.

Section 5. Judicial procedure is provided for establishing paternity
where there is no presumption, but only during the life of both father and
child.

Sections 6 and 7. Review on new evidence and appeals are pro-
vided for.

Section 8. The presumptions of paternity are set out.

(3) Where the court finds on the balance of probabihties ord^e^'^^*"'^^
that the relationship of father and child has been estab-
lished, the court may make a declaratory order to that
effect and, subject to sections 6 and 7, the order shall be
recognized for all purposes.

6. Where a declaration has been made under section Reopening

on new

4 or 5 and evidence becomes available that was not evidence
available at the previous hearing, the court may, upon
application, discharge or vary the order and make such
other orders or directions as are ancillary thereto.

7. An appeal lies from an order under section 4 or 5 or a Appeal
decision under section 6 in accordance with the rules of the
court.

8. — (1) Unless the contrary is proven on a balance of ^®fawof"°"
probabilities, there is a presumption that a male person parentage
is, and he shall be recognized in law to be, the father of a
child in any one of the following circumstances:

1. The person is married to the mother of the child
at the time of the birth of the child.

3. The person marries the mother of the child after
the birth of the child and acknowledges that he is
the natural father.

4. The person was cohabiting with the mother of the
child in a relationship of some permanence at the
time of the birth of the child or the child is born
within 300 days after they ceased to cohabit.

5. The person and the mother of the child have
filed a statutory declaration under subsection 8 of
section 6 of The Vital Statistics Act or a request ^faJ^®''"-
under subsection 5 of section 6 of that Act, or either

under a similar provision under the corresponding
Act in another jurisdiction in Canada.

6. The person has been found or recognized in his life-
time by a court of competent jurisdiction in Canada
to be the father of the child.

Where

marriage

void

Conflicting
presump-
tions

buityTn" ®* ^ written acknowledgment of parentage that is ad-

evidenceof mitted in evidence in any civil proceeding against the
ment against interest of the person making the acknowledgment is
° ®''®^ prima facie proof of the fact.

Approved
blood tests

attached"^ (2) Leave under subsection 1 may be given subject to
such terms and conditions as the court thinks proper.

fromrefusai (^^ Where leave is given under subsection 1 and a
person named therein refuses to submit to the blood test,
the court may draw such inferences as it thinks appropriate.

where'^^ (4) Where a person named in an order granting leave

Incapacity under subsection 1 is not capable of consenting to having

a blood test taken, the consent shall be deemed to be

sufficient,

(a) where the person is a minor of the age of sixteen
years or more, if the minor consents;

(6) where the person is a minor under the age of
sixteen years, if the person having the charge of
the minor consents; and

ft^*Si(K)d°°^ 11. The Lieutenant Governor in Council may make
tests regulations governing blood tests for which leave is given

Section 9. Acknowledgments against interest are given recognition
as evidence of parentage.

by a court under section 10 including, without limiting the
generality of the foregoing,

{a) the method of taking blood samples and the
handling, transportation and storage thereof;

(b) the conditions under which a blood sample may be
tested ;

(c) designating persons or facilities or classes thereof
who are authorized to conduct blood tests for the
purposes of section 10;

{d) prescribing procedures respecting the admission of
reports of blood tests in evidence ;

(e) prescribing forms for the purpose of section 10
and this section and providing for their use.

12. — (1) Any person may file in the office of the Registrar f|cfara«on
General a statutory declaration, in the form prescribed by of paternity
the regulations, affirming that he is the father of a child.

(2) Upon application and upon payment of the fee infection
prescribed under The Vital Statistics Act, any person having r.s.o. 1970.
an interest may inspect any relevant statutory declaration ^ '*^^
filed under subsection 1 and obtain a certified copy thereof
from the Registrar General.

13. Upon application and upon payment of the fee pre- of^f^""'^
scribed under The Vital Statistics Act, any person who has ^^^^ .„„„
an interest, furnishes substantially accurate particulars and c.'483, s. 6 (5, 8)
satisfies the Registrar General as to his reason for requiring
it may inspect any statutory declaration filed under subsec-
tion 8 of section 6 of The Vital Statistics Act or any request
filed under subsection 5 of section 6 of that Act and obtain
a certified copy thereof from the Registrar General.

14. — (1) The registrar or clerk of every court in Ontario ^mng: of
shall furnish the Registrar General with a statement in decisions
the form prescribed by the regulations resp)ecting each parentage
order or judgment of the court that confirms or makes a
finding of parentage.

(2) Upon application and upK)n payment of the fee by'^giic"
prescribed under The Vital Statistics Act, any person may
inspect an order or judgment filed under subsection 1 and
obtain a certified copy thereof from the Registrar General.

Certified
copies as
evidence

Duties of
Registrar
General

16. Nothing in this Act shall be construed to require the
Registrar General to amend a registration showing parentage
other than in recognition of an order made under section 4,
5 or 6.

Regulations
for forms

17. The Lieutenant Governor in Council may make
regulations prescribing forms for the purposes of this Part.

PART III

COMPLEMENTARY AMENDMENTS

?l?sT6°(i) 18.— (1) Subsection 1 of section 16 of The Infants Act,
amended being chapter 222 of the Revised Statutes of Ontario, 1970,

is amended by inserting after "father" in the third hne "if

known".

amended (^) Subsection 2 of the said section 16 is amended by

inserting after "no" in the first line "known".

R.S.0. 1970.
C. 242.
repealed

19. The Legitimacy Act, being chapter 242 of the Revised
Statutes of Ontario, 1970, is repealed.

^zi^'^Td) 20. Subsection 4 of section 7 of The Perpetuities Act,
amended being chapter 343 of the Revised Statutes of Ontario,

1970, is amended by striking out "legitimation" in the

second line.

c*"^8^3o'' ^^' Section 30 of The Quieting Titles Act, being chapter

amended 396 of the Revised Statutes of Ontario, 1970, is amended
by striking out "legitimate" in the second line.

^'ti^'^^^' 22. — (1) Subclause i of clause d of section 1 of The

s. 1(d)(1), Succession Duty Act, being chapter 449 of the Revised

Statutes of Ontario, 1970, is amended by striking out

"legitimate".

amended'^' (^^ Subclause iv of clause d of the said section 1 is

amended by striking out "legitimate" in the first line.

amendVd^^*^' ('^) Subclause i of clause c of subsection 11 of section
7 of the said Act, as re-enacted by the Statutes of Ontario,

Section 17. Prescribing forms by regulation is provided for.

Section 18. The provisions amended are concerned with the consent
of a father on appointment of a guardian. The amendments recognize that
the father, as determined under this Act, may not be known.

Sections 19 to 24. The amendments eliminate references to legitimate
and illegitimate children.

1973, chapter 109, section 2, is amended by striking out
"legitimate".

23.— (1) Subsection 2 of section 6 of The Vital Statistics ^^s.o.im

C. 4oo, S. D (Z^,

Act, being chapter 483 of the Revised Statutes of Ontario, amended
1970, is amended by striking out "an illegitimate child"
in the first and second lines and inserting in lieu thereof
"a child born outside marriage".

(2) Section 12 of the said Act, as amended by the Statutes Ij^lWed
of Ontario, 1971, chapter 98, section 4, is further amended

(3) Subsection 2 of section 41 of the said Act is repealed, re^^f^'^

24. Clause r of subsection 1 of section 1 of The Work- ^^q^- ^^'^^'
men's Compensation Act, being chapter 505 of the Revised s. id) (O,

£IIT16I1Q6Q

Statutes of Ontario, 1970, as amended by the Statutes of
Ontario, 1973, chapter 173, section 1, is further amended
by striking out "and, where the employee is the parent or
grandparent of an illegitimate child, includes such child and,
where the employee is an illegitimate child, includes his
parents and grandparents" in the eighth, ninth, tenth and
eleventh lines and in the amendment of 1973.

25. This Act comes into force on the 31st day of March, commence-
1978. ""^^

26. The short title of this Act is The Children's Law Reform short title
Act, 1977.

^_^

^»

«•.

«*.

{^.

V4.

«H.

«>

ffi

•-1

»<

t^O

O
o
<-♦■
o

*>^

s
»-

cr
re
►1

C/5

•-1

I— ^

-4

(f>

r-h

orq

r-f- 1-+
P O

o :i

BILL 61

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to reform the
Law respecting the Status of Children

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 61

1977

An Act to reform the
Law respecting the Status of Children

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

PART I

EQUAL STATUS OF CHILDREN

1. — (1) Subject to subsection 2, for all purposes of the i^^^i|j°^ ^
law of Ontario a person is the child of his or her natural
parents and his or her status as their child is independent
of whether the child is born within or outside marriage.

(2) Where an adoption order has been made, section 83 Exception for
or 85 of The Child Welfare Act applies and the child is the children
child of the adopting parents as if they were the natural ^;^i^' ^^^°'
parents.

(3) The parent and child relationships as determined under ^\°tion-
subsections 1 and 2 shall be followed in. the determination of ships
other kindred relationships flowing therefrom.

(4) Any distinction at common law between the status di8?][fc°?on of
of children born in wedlock and born out of wedlock is lesriti^asy

abolished

abolished and the relationship of parent and child and
kindred relationships flowing therefrom shall be deter-
mined for the purposes of the common law in accordance
with this section.

2. — (1) For the purposes of construing any ii^strument, ^^'^'l^o^^^.j^^^
Act or regulation, unless the contrary intention appears,
a reference to -a person or group or class of persons
described in terms of relationship by blood or marriage
to another person shall be construed to refer to or include
a person who comes within the description by reason of

the relationship of parent and child as determined under
section 1.

Application (2) Subsection 1 applies to,

(a) any Act of the Legislature or any regulation,
order or by-law made under an Act of the Legis-
lature enacted or made before, on or after the
day this Act comes into force; and

(b) any instrument made on or after the day this
Act comes into force.

PART II

ESTABLISHMENT OF PARENTAGE

Court under

88.4-7

3. The court having jurisdiction for the purf)oses of
sections 4 to 7 shall be the Unified Family Court in the
Judicial District of Hamilton-Wentworth and the Supreme
Court in the other parts of Ontario.

Application 4.^ — (1) ^j^y person having an interest may apply to a
declaration court for a declaration that a male person is recognized in

law to be the father of a child or that a female person

is the mother of a child.

Declaration
of paternity
recognized
at law

Declaration

maternity

Idem

(3) Where the court finds on the balance of probabilities
that the relationship of mother and child has been estab-
lished, the court may make a declaratory order to that effect.

(4) Subject to sections 6 and 7, an order made under
this section shall be recognized for all purposes.

5. — (1) Where there is no person recognized in law under

Application
for

declaration of section 8 to be the father of a child, any person may apply
where no to the court for a declaration that a male person is his or
presump on ^^^ father, or any male person may apply to the court for

a declaration that a person is his child.

Limitation

(2) An application shall not be made under subsection 1
unless both the persons whose relationship is sought to be
established are living.

(3) Where the court finds on the balance of probabihties o®^ep''**^°'"^
that the relationship of father and child has been estab-
lished, the court may make a declaratory order to that
effect and, subject to sections 6 and 7, the order shall be
recognized for all purposes.

6. Where a declaration has been made under section Reopening

on new

7. An appeal lies from an order under section 4 or 5 or a Appeal
decision under section 6 in accordance with the rules of the
court.

8. — (1) Unless the contrary is proven on a balance of i^®f°^of"°"
probabilities, there is a presumption that a male person parentage
is, and he shall be recognized in law to be, the father of a
child in any one of the following circumstances:

1. The person is married to the mother of the child
at the time of the birth of the child.

2. The person was married to the mother of the child
by a marriage that was terminated by death or judg-
ment of nuUity within 300 days before the birth of
the child or by divorce where the decree nisi was
granted within 300 days before the birth of the child.

3. The person marries the mother of the child after
the birth of the child and acknowledges that he is
the natural father.

4. The person was cohabiting with the mother of the
child in a relationship of some permanence at the
time of the birth of the child or the child is born
within 300 days after they ceased to cohabit.

5. The person and the mother of the child have
filed a statutory declaration under subsection 8 of
section 6 of The Vital Statistics Act or a request ^^^^°'
under subsection 5 of section 6 of that Act, or either

under a similar provision under the corresponding
Act in another jurisdiction in Canada.

6. The person has been found or recognized in his life-
time by a court of competent jurisdiction in Canada
to be the father of the child.

Where

marrlagre

void

Conflicting

presui

Eions

presump-
ti(

0. A written acknowledgment of parentage that is ad-
mitted in evidence in any civil proceeding against the

Admissi-
bility In
evidence of

£LC k H O W 1 G d G^~

ment against Interest of the person making the acknowledgment is
^ ®''®^ prima facie proof of the fact.

Approved
blood tests

attached"^ (2) Leave under subsection 1 may be given subject to
such terms and conditions as the court thinks proper.

^erence ^ (3) Where leave is given under subsection 1 and a
person named therein refuses to submit to the blood test,
the court may draw such inferences as it thinks appropriate.

Consent

where

Incapacity

Regulations
for Dlood
tests

(4) Where a person named in an order granting leave
under subsection 1 is not capable of consenting to having
a blood test taken, the consent shall be deemed to be
sufficient,

(a) where the person is a minor of the age of sixteen
years or more, if the minor consents;

{b) where the person is a minor under the age of
sixteen years, if the person having the charge of
the minor consents ; and

11. The Lieutenant Governor in Council may make
regulations governing blood tests for which leave is given

by a court under section 10 including, without limiting the
generality of the foregoing,

(a) the method of taking blood samples and the
handling, transportation and storage thereof;

{b) the conditions under which a blood sample may be
tested ;

(r) designating persons or facilities or classes thereof
who are authorized to conduct blood tests for the
purposes of section 10;

(d) prescribing procedures respecting the admission of
reports of blood tests in evidence ;

(e) prescribing forms for the purpose of section 10
and this section and providing for their use.

12. — (1) Any person may file in the office of the Registrar |*^a'ti^tory
General a statutory declaration, in the form prescribed by of paternity
the regulations, affirming that he is the father of a child.

(2) Upon application and upon payment of the fee inaction
prescribed under The Vital Statistics Act, any person having r.s.o. i97o.
an interest may inspect any relevant statutory declaration *^ ^^^
filed under subsection 1 and obtain a certified copy thereof
from the Registrar General.

13. Upon application and upon payment of the fee pre- 0°^}^"°"
scribed under The Vital Statistics Act, any person who has under
an interest, furnishes substantially accurate particulars and c. 483,s. 6 (5, 8)
satisfies the Registrar General as to his reason for requiring
it may inspect any statutory declaration filed under subsec-
tion 8 of section 6 of The Vital Statistics Act or any request
filed under subsection 5 of section 6 of that Act and obtain
a certified copy thereof from the Registrar General.

14. — (1) The registrar or clerk of every court in Ontario ^mng of
shall furnish the Registrar General with a statement in decisions

,, , 1111 1 • 1 respecting

the form prescribed by the regulations respecting each parentage
order or judgment of the court that confirms or makes a
finding of parentage.

(2) Upon application and upon payment of the fee b^^P^biic"
prescribed under The Vital Statistics Act, any person may
inspect an order or judgment filed under subsection 1 and
obtain a certified copy thereof from the Registrar General.

Certifled
copies as
evidence

Duties of
Registrar
Oeneral

16. Nothing in this Act shall be construed to require the
Registrar General to amend a registration showing parentage
other than in recognition of an order made under section 4,
5 or 6.

Regrulatlons
for forms

17. The Lieutenant Governor in Council may make
regulations prescribing forms for the purposes of this Part.

PART III

COMPLEMENTARY AMENDMENTS

M^sTeV) 18.— (1) Subsection 1 of section 16 of The Infants Act,
amended being chapter 222 of the Revised Statutes of Ontario, 1970,

is amended by inserting after "father" in the third Une "if

known".

amended (^) Subsection 2 of the said section 16 is amended by

inserting after "no" in the first line "known".

^l^-^i^o- 19. The Legitimacy Act, being chapter 242 of the Revised

repealed Statutes of Ontario, 1970, is repealed.

?'^?sT(°4) 2^- Subsection 4 of section 7 of The Perpetuities Act,
amended being chapter 343 of the Revised Statutes of Ontario,

1970, is amended by striking out "legitimation" in the

second line.

?'^'s^3(?" ^1* Section 30 of The Quieting Titles Act, being chapter

amended 396 of the Revised Statutes of Ontario, 1970, is amended
by striking out "legitimate" in the second line.

^•F>.P^^''°- 22. — (1) Subclause i of clause d of section 1 of The

C. 449, ^ '

8.1(d)(1). Succession Duty Act, being chapter 449 of the Revised
Statutes of Ontario, 1970, is amended by striking out
"legitimate".

amended

amended^' (^^ Subclause iv of clause d of the said section 1 is

amended by striking out "legitimate" in the first line.

amended ^ ^^^* (^) Subclause i of clause c of subsection 11 of section
7 of the said Act, as re-enacted by the Statutes of Ontario,

1973, chapter 109, section 2, is amended by striking out
"legitimate".

23.— (1) Subsection 2 of section 6 of The Vital Statistics ffgJs^l^^)
Act, being chapter 483 of the Revised Statutes of Ontario, amended
1970, is amended by striking out "an illegitimate child"
in the first and second lines and inserting in lieu thereof
"a child bom outside marriage".

(2) Subsection 1 of section 12 of the said Act, as amended |j^|jided
by the Statutes of Ontario, 1971, chapter 98, section 4, is
further amended by striking out "a child has been legitimated

by the subsequent intermarriage of his parents" in the first
and second lines and inserting in lieu thereof "after the birth
of a child his parents intermarry", and by striking out "as
to the legitimation" in the thirteenth line.

(3) Subsection 2 of section 41 of the said Act is repealed, rgpiiied

24. Clause r of subsection 1 of section 1 of The Work- ^f^^- ^^''^•
men's Compensation Act, being chapter 505 of the Revised s. i (i')(r),

d.TT16IK16Q

25. This Act comes into force on the 31st day of March, S'ent"^"^^"
1978.

26. The short title of this Act is The Children's Law Reform short title
Act, 1977.

H
X
m

o o

re ^

o
<

f^J

o
<-••■

•-1

^«»

t/>
(-»■

H- »

s
»-

r-t-
p'

t— k

r-t-

•^

-vl

5"^

P o

^ 3

BILL 62 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to revise The Marriage Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill revises The Marriage Act for the purpose of implementing
some of the recommendations of the Ontario Law Reform Commission made
in Part II of its Report on Family Law (Marriage) and also to implement
certain administrative improvements.

The principal changes are:

1. The Act only applies to the first marriage ceremony and permits
additional ceremonies by the same couple, (s. 1 (2) ).

2. The requirement of fifteen days residence is deleted.

3. The minimum age for marriage is 18 years or 16 years with consent
of the parents, (s. 5).

4. The duty of performing civil marriages now performed by provincial
judges and county and district court judges is extended to justices
of the peace and other designated persons, (s. 24).

5. The action for breach of promise of marriage is abolished, (s. 32)

6. The question of fault is removed from consideration of the
question of entitlement to gifts made in contemplation of or
conditional upon marriage, (s. 33)

7. The procedural forms and prescribing of fees are moved from the
Act to be provided by regulations.

BILL 62 1977

An Act to revise The Marriage Act

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

1. — (1) In this Act, Interpre-

^ ' ' tation

(a) "band" means a band as defined in the Indian Act Rsc. 1970.
(Canada) ;

{h) "church" includes chapel, meeting-house or place set
aside for religious worship;

(c) "Indian" means a person who is registered as an
Indian or entitled to be registered as an Indian under
the Indian Act (Cariada) ;

[d) "issuer" means a person authorized under this Act
to issue marriage licences;

{e) "judge" means a provincial judge or a judge of a
county or district court ;

(/) "licence" means a marriage licence issued under this
Act;

[g) "Minister" means the Minister of Consumer and
Commercial Relations;

{h) "prescribed" means prescribed by the regulations;

[i) "regulations" means the regulations made under this
Act;

{j) "reserve" means a reserve as defined in the Indian
Act (Canada). R.S.O. 1970, c. 261, s. 1; 1972, c. 1,
s. 44 (1-3), amended.

Application
of Act to
subsequent
ceremonies

(2) This Act does not apply in respect of any ceremony or
form of marriage gone through by two persons who are
married to each other by a marriage previously solemnized
in accordance with this Act or recognized as valid in Ontario.

New.

Adnninistra-
tion

2. The administration of this Act is under the direction
of the Minister.

Delegation
of powers
and duties

Authority
to marry

3. Where, under this Act, a power or duty is granted to
or vested in the Minister, he may in writing, subject to the
approval of the Lieutenant Governor in Council, delegate
that power or duty to the Deputy Minister of Consumer
and Commercial Relations, or to any officer or officers of
the Ministry of Consumer and Commercial Relations, subject
to such limitations, restrictions, conditions and requirements
as the Minister may set out in his delegation. 1972, c. 1,
s. 44 (3), amended.

4. No marriage may be solemnized except under the
authority of a licence issued in accordance with this Act or
the publication of banns. R.S.O. 1970, c. 261, s. 4 (1), amended.

Who may

marry

5. — (1) Any person who is of the age of majority may
obtain a licence or be married under authority of publication
of banns, provided no lawful cause exists to hinder the
solemnization. R.S.O. 1970, c. 261, s. 5 (1), amended.

Idem

(2) No person shall issue a licence to a minor, or solemnize
the marriage of a minor under the authority of the publication
of banns, except where the minor is of the age of sixteen
years or more and has the consent in writing of both parents
in the form prescribed by the regulations.

Giving of
consent

(3) The consent referred to in subsection 2 is not required
in respect of a person who is a widow, widower or divorced.

Idem

(4) Where one of the parents of a minor is dead or both
parents are living apart, the consent required by subsection 2
may be given by the parent having actual or legal custody
of the minor.

Idem

1974. c. 2

(5) Where both parents of a minor are dead or are
voluntary or involuntary patients in a psychiatric facility,
or are residents of a facility under The Developmental Services
Act, 1974, the consent required by subsection 2 may be given
by a lawfully appointed guardian or an acknowledged
guardian who has brought up or who for the three years
immediately preceding the intended marriage has supported
the minor.

(6) Where a minor is made a ward of someone other than^*^®™
a parent by order of a court or under any Act, the consent
required by subsection 2 may be given by the lawful guardian
of the minor or person responsible for exercising the rights
and duties of a guardian of the minor. R.S.O. 1970, c. 261,
ss. 7, 8, amended.

6. — (1) Where a person whose consent is required by sec- ^p|^*^|^^°°
tion 5 is not available or unreasonably or arbitrarily with- with consent
holds his consent, the person in respect of whose marriage
the consent is required may apply to a judge without the
intervention of a next friend for an order dispensing with
the consent.

(2) The judge shall hear the application in a summary ?[X|''^ °^
manner and may, in his discretion, make an order dispensing
with the consent required by section 5. R.S.O. 1970, c. 261,
s. 9, amended.

7. No person shall issue a licence to or solemnize the ^®g^^°^j^ .jj
marriage of any person whom he knows or has reasonable or under

lIinU6]lC6

grounds to believe is mentally ill or mentally defective or
under the influence of intoxicating liquor or drugs. R.S.O.
1970, c. 261, s. 6, amended.

8. — (1) An applicant for a licence who has been Previously ^e^e^^is-^
married is entitled to be issued a licence if such marriage has former
been dissolved or annulled and such dissolution or annulment recognized
is recognized under the law of Ontario and the applicant '^ ° ^'^ °
otherwise complies with the requirements of this Act.

(2) Subject to subsection 6, no issuer shall issue a licence b^^gfe'd^i^h
to a person whose previous marriage has been dissolved or issuer where
annulled in Canada unless such person deposits with the issuer, in Canada

(a) the final decree or judgment dissolving or annulling
the marriage or a copy of the final decree or judgment
or Act dissolving or annulling the marriage, certified
by the proper officer; and

{b) such other material as the issuer may require.

(3) Subject to subsection 6, no issuer shall issue a licence ^iMofution,
to a person whose previous marriage has been dissolved ^"^ c'^n&^&^^^^
annulled elsewhere than in Canada, unless the authorization

in writing of the Minister is obtained upon the deposit of such
material as he may require.

Review of
refusal to
issue
licence

1971, c. 48

(4) Where an issuer refuses to issue a licence, or the Minister
refuses to issue an authorization under subsection 3, the
applicant may apply to the Supreme Court for judicial
review under The Judicial Review Procedure Act, 1971 and
for an order directing that a licence be issued to him and if the
court finds that he is so entitled it may make such an order.

Parties

(5) The applicant, the Minister and such other persons as
the court may order are parties to an application under sub-
section 4.

ifcence^ (6) Where an applicant for a licence files with an issuer,

under court together with his application, an order of the Supreme Court

made on an application under subsection 4 directing that a

licence be issued to him, the issuer shall issue the licence.

1971, c. 50, s. 55 (1).

Application 9 — (1) A married person whose spouse is missing and

forpresump- , ,,

tion of death who alleges,

[a) that his spouse has been continuously absent for at
least seven years immediately preceding the applica-
tion;

(6) that his spouse has not been heard from or heard of
during such period by the applicant or to the
knowledge of the applicant by any other person;
and

may apply to the judge of a county or district court for an
order under this section.

Order (2) Upon being satisfied as to the truth of the matters

alleged, the judge may, in his discretion, make an order
declaring that the spouse shall be presumed dead. R.S.O.
1970, c. 261, s. 11 (1, 2).

Remarriage
authorized

(3) Where an order has been obtained under this section,
the person in whose favour the order was made may, subject
to the provisions of this Act, obtain a licence or be married
under the authority of publication of banns upon depositing
a copy of the order with the person issuing the licence or
solemnizing the marriage together with an affidavit in the
prescribed form.

(4) The order has no effect for any purpose other than Effect of
the issuance of a licence under subsection 3. R.S.O. 1970,
c. 261, s. 11 (3, 4), amended.

10. Notwithstanding anything in this Act, if the Minister ^^I'^i'^^^^Qj
considers that circumstances justify the issue of a hcence in^^'^ister
any particular case, he may, in his absolute discretion, authorize
the issue of the licence. R.S.O. 1970, c. 261, s. 10, amended.

11. — (1) Marriage hcences may be issued by the clerk of issuers
every city, town and village.

(2) Where it is considered expedient for the public con- in townships
venience, the Lieutenant Governor in Council may appoint unorganized
as an issuer the clerk of any township, or any person resident ^"^^ °^^

in a county, or in a township adjacent thereto, or in a provi-
sional judicial district, or a member of a band upon the
recommendation of the council of the band. R.S.O. 1970,
c. 261, s. 30, amended.

(3) An issuer may, with the approval in writing of the -^1^"^
Minister or of the head of the council of the municipality of
which he is clerk, appoint in writing one or more deputies

to act for him, and any such deputy while so acting has the
power of the issuer appointing him.

(4) The issuer shall, upon appointing a deputy, forthwith appointment
transmit to the Minister a notice of the appointment, and of deputy

of the name and official position of the person by whom the
appointment has been approved, and the Minister may at
any time cancel the appointment.

(5) The deputy shall sign each licence issued by him with fic^nclg'bJ'^
the name of the issuer as well as his own name in the following deputy
manner :

AB, Issuer of Marriage Licences, per CD, Deputy Issuer.

R.S.O. 1970, c. 261, s. 31.

12. — (1) An issuer or the Minister may require evidence ^J^^j®°*^|Q°jJ^g
to identify any applicant or to establish his status and may
examine, under oath if required, any applicant or other
person as to any matter p)ertaining to the issue of a licence.
R.S.O. 1970, c. 261, s. 33, amended.

(2) Where an issuer has reason to believe that any informa- fi°ormation
tion set out in an application for a licence is untrue, he shall
not issue the licence unless, on the production of such further
evidence as he may require, he is satisfied as to the truth of
the information. R.S.O. 1970, c. 261, s. 35, amended.

iicenc^8°^ 13. — (1) Every issuer shall keep in his office a record of

the serial number and the date of issue of every licence
issued by him, and the names and addresses of the parties to
the intended marriage.

Searches

(2) Any person is entitled, upon application, to have a
search made respecting any licence issued within three months
immediately preceding the date of application. R.S.O. 1970,
c. 261, s. 34.

forwarded to^ ^^' ^^ery issuer immediately upon issuing a licence and

Registrar every person registered as authorized to solemnize marriage

upon publishing banns shall forward to the Registrar General,

Oaths

Indians

(a) any consent under section 5;

(6) any judge's order under section 6;

{d) any documentary or other material filed on the
application for a licence under section 8 ;

{e) any affidavit as to age;

(/) any documentary material obtained under section 12.
R.S.O. 1970, c. 261, s. 36, amended.

1 5. Issuers may administer oaths for the purposes of this
Act. R.S.O. 1970, c. 261, s. 37.

16. Where both parties to an intended marriage are Indians
ordinarily resident on a reserve in Ontario or on Crown lands
in Ontario no fee shall be charged for the licence. R.S.O.
1970, c. 261, s. 39, amended.

ofbanns"°° ^'^ • — (^) ^^cre a marriage is to be solemnized under the
authority of publication of banns, the intention to marry shall
be proclaimed openly in an audible voice during divine service,

(a) where the parties are in the habit of attending worship
at the same church, being within Canada, at that
church; or

(6) where the parties are in the habit of attending worship
in different churches, being within Canada, in each
such church.

ume'of *°*^ (2) The banns shall be published according to the usage of
publication the denomination, faith or creed of the church in which they
are published and during divine Sunday service.

(3) Where the usage of any denomination, faith or creed Exception
substitutes any other day as the usual and principal day of

the week for the celebration of divine service, the banns shall
be published on such other day.

(4) The person or persons who publish banns shall certify ^''°°f
proof thereof in the prescribed form. R.S.O. 1970, c. 261, s. 15,
amended.

18. Banns shall not be published where either of the where banns
parties to the intended marriage has been married and the p^tJiisiied
marriage has been dissolved or annulled. R.S.O. 1970, c. 261,

s. 18, amended.

19. Form 1 respecting the prohibited degrees of affinity degrees uf
and consanguinity shall be endorsed on the licence and on the ^e endorsed
proof of publication of banns. R.S.O. 1970, c. 261, s. 45 (1),
amended.

20. — (1) No person shall solemnize a marriage unless he who^ay^
is authorized by or under section 24 or is registered under marriage
this section as a person authorized to solemnize marriage.

(2) Upon application the Minister may, subject to subsec- Application
tion 3, register any person as a person authorized to solemnize registration
marriage.

(3) No person shall be registered unless it appears to the ^^Pg^^yJ'®
Minister,

{a) that the person has been ordained or appointed
according to the rites and usages of the religious
body to which he belongs, or is, by the rules of that
religious body, deemed ordained or appointed;

(6) that the person is duly recognized by the religious
body to which he belongs as entitled to solemnize
marriage according to its rites and usages;

(c) that the religious body to which the person belongs
is permanently established both as to the continuity
of its existence and as to its rites and ceremonies ; and

{d) that the person is resident in Ontario or has his parish
or pastoral charge in whole or in part in Ontario;
provided that in the case of a person who is in
Ontario temporarily and who, if resident in Ontario,
might be registered under this section, the Minister
may register him as authorized to solemnize marriage
during a period to be fixed by the Minister.

pM^8on°° ('*) Notwithstanding subsection 1, where it appears to the

authorized to Minister that the doctrines of a religious body described in

solemnize r i • t i ° . "^

marriage clause c of subsection 3 do not recognize any person as
authorized to solemnize marriage, the Minister may register
a person duly designated by the governing authority of the
religious body who shall, in respect of marriages performed
according to the rites, usages and customs of the religious
body, perform all the duties imposed by this Act upon a
person solemnizing a marriage, other than solemnizing the
marriage.

Idem

(5) Where a person registered under subsection 4 performs
the duties imposed by subsection 4, every marriage solemnized
according to the rites, usages and customs of the religious
body is valid. R.S.O. 1970, c. 261, s. 22, amended.

21. — (1) The Minister shall keep a register of the name of
every person registered as a person authorized to solemnize
marriage, the date of such registration, and such other par-
ticulars as he considers advisable.

Certificate ^2) The Minister may issue a certificate of registration under

registration this section in the prescribed form. R.S.O. 1970, c. 261,
s. 23.

Cancellation 22. — (1) Where it appears to the Minister that any person
registration registered as authorized to solemnize marriage has ceased to
possess the qualifications entitling him to be so registered, or for
any other cause, the Minister may cancel such registration.

Notice of
change

(2) Every religious body, members of which are registered
under this Act, shall notify the Minister of the name of every
such member so registered who has died or has ceased to
reside in Ontario or has ceased to be associated with such
religious body. R.S.O. 1970, c. 261. s. 24.

Publication 23. When a person is registered under this Act as author-
registration ized to solemnize marriage, and when any such registration
cancellation is cancelled, the Minister shall publish notice thereof in The
Ontario Gazette. R.S.O. 1970, c. 261, s. 25.

Civil
marriage

Time and
place

24. — (1) A judge, a justice of the p>eace or any other
person of a class designated by the regulations may
solemnize marriages under the authority of a licence.

(2) The solemnization of a marriage by a judge shall
take place in the judge's office and shall be performed between
the hours of 9 o'clock in the morning and 5 o'clock in the
afternoon.

Form of (3) No particular form of ceremony is required except that

in some part of the ceremony, in the presence of the person

solemnizing the marriage and witnesses, each of the parties
shall declare:

I do solemnly declare that I do not know of any lawful impediment
why I, AB, may not be joined in matrimony to CD,

and each of the parties shall say to the other:

I call upon these persons here present to witness that I, AB, do
take you, CD, to be my lawful wedded wife {or husband),

after which the person solemnizing the marriage shall say:

I, EF, by virtue of the powers vested in me by The Marriage Act,
1977, do hereby pronounce you AB and CD to be husband and wife.

R.S.O. 1970, c. 261, s. 26, amended.

25. Every marriage shall be solemnized in the presence of o/pt?ulsand
the parties and at least two witnesses who shall affix their witnesses
names as witnesses to the entry in the register made under

section 28. R.S.O. 1970. c. 261, s. 20.

26. No marriage shall be solemnized under the authority pubucation
of publication of banns unless proof of publication by the per-
son or persons publishing the banns has been deposited with

the person solemnizing the marriage. R.S.O. 1970, c. 261, s. 17.

27. — (1) A marriage shall not be solemnized under the waiting
authority of a licence earlier than the third day after the under

llC6n,C6

date of the issue of the licence, but the Minister in his absolute
discretion may authorize the solemnization of the marriage
earlier than such third day. R.S.O. 1970, c. 261, s. 14, amended.

(2) A marriage shall not be solemnized under the authority uq^^^ banns
of publication of banns, earlier than the fifth day after the

date of the publication of banns. R.S.O. 1970, c. 261, s. 16,
amended.

(3) A marriage shall be solemnized only within the three ^^hTch^'*^*^^"
months immediately following the issue of the licence or the marriage to

jt DG SOl6ITlIllZ6Q

pubhcation of banns, as the case may be. R.S.O. 1970, c. 261,
s. 19. amended.

28. — (1) Every person shall immediately after he has solem- marrTage
nized a marriage, register

(a) where the marriage was solemnized in a church, enter
in the church register kept for the purpose; or

(6) where the marriage was solemnized elsewhere than in
the church, enter in a register kept by him for the
purpose,

the particulars prescribed by the regulations, and the entry
shall be authenticated by his signature and those of the
parties and witnesses. R.S.O. 1970, c. 261, s. 27, amended.

Marriage
certificate

(2) Every person who solemnizes a marriage shall, at the
time of the marriage, if required by either of the parties
thereto, give a certificate of the marriage specifying the names
of the parties, the date of the marriage, the names of the
witnesses, and whether the marriage was solemnized under
the authority of a licence or publication of banns. R.S.O.
1970, c. 261, s. 21, amended.

Supply oj 29. — (1) Every person or religious body authorized to

registers solemnize marriages may apply to the Minister for a marriage

crowif'^^°^ (2) Every register supplied by the Minister is the prof)erty
of the Crown. R.S.O. 1970, c. 261, s. 28, amended.

Protection
of persons
solemnizing
marriage in
good faith

30. No person who solemnizes or purports to solemnize a
marriage is subject to any action or liability by reason of
there having been any legal impediment to the marriage
unless, at the time he performed the ceremony, he was aware of
the impediment. R.S.O. 1970, c. 261, s. 44.

Marriages
solemnized
in good
faith

Breach of

promise of

marriage

abolished

Application
of subs. 1

31. If the parties to a marriage solemnized in good faith
and intended to be in compliance with this Act are not under
a legal disqualification to contract such marriage and after
such solemnization have lived together and cohabited as man
and wife, such marriage shall be deemed a valid marriage,
notwithstanding that the person who solemnized the marriage
was not authorized to solemnize marriage, and notwithstanding
the absence of or any irregularity or insufficiency in the
publication of banns or the issue of the licence. R.S.O. 1970,
c. 261, s. 46.

32. — (1) No action shall be brought for a breach of a
promise to marry or for any damages resulting therefrom.

(2) Subsection 1 does not apply in respect of actions for
breach of promise to marry or damages resulting therefrom
commenced before the day on which this Act comes into
force. New.

giasmade°fn ^^' Where one person makes a gift to another in con-
contempia- templation of or conditional upon their marriage to each

marriage

other and the marriage fails to take place or is abandoned, the
question of whether or not the failure or abandonment was
caused by or was the fault of the donor shall not be considered
in determining the right of the donor to recover the gift.

New.

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

{a) prescribing forms for the purposes of this Act and
providing for their use, and requiring any matter
therein to be verified by affidavit ;

(6) prescribing any matter required by this Act to be
prescribed by the regulations;

(c) requiring the payment of fees in respect of any
matter required or authorized to be done under this
Act, and providing for the retention of fees or any
portion thereof by issuers and persons solemnizing
marriages or any class of them and for the commuta-
tion of such fees ;

{d) prescribing the duties of issuers;

{e) requiring persons authorized to solemnize marriages
to furnish such information and returns as are pre-
scribed ;

(/) amending Form 1 to make it conform to the law for
the time being;

{g) designating classes of persons authorized to solem-
nize marriages under section 24. New.

35. — (1) Every person who knowingly makes any false Penalty-
statement in any document required under this Act, in addi- statements
tion to any other penalty or punishment to which he may be
liable, is guilty of an offence and on summary conviction is
liable to a fine of not more than $1,000 or to imprisonment
for a term of not more than one year, or to both.

(2) Every person who contravenes any provision of this ^^e'^j.^j
Act for which no other penalty is provided is guilty of an
offence and on summary conviction is liable to a fine of not
more than $500. R.S.O. 1970, c. 261, ss. 47-52, amended.

36. The following are repealed : Repeals

1. The Marriage Act, being chapter 261 of the Revised
Statutes of Ontario, 1970.

Commence-
ment

2. The Marriage Amendment Act, 1972, being chapter
32.

3. Section 55 of The Civil Rights Statute Law Amend-
ment Act, 1971, being chapter 50.

4. Section 44 of The Government Reorganization Act,
1972, being chapter 1.

37. This Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.

Short title 3g, xhe short title of this Act is The Marriage Act, 1977.

FORM 1

(Section 19)

Degrees of affinity and consanguinity which, under the statutes in that
behalf, bar the lawful solemnization of marriage.

A man may not marry his

1. Grandmother

2. Grandfather's wife

3. Wife's grandmother

4. Aunt

5. Wife's aunt

6. Mother

7. Step mother

8. Wife's mother

9. Daughter

10. Wife's daughter

11. Son's wife

12. Sister

13. Granddaughter

14. Grandson's wife

15. Wife's granddaughter

16. Niece

17. Nephew's wife

A woman may not marry her

1. Grandfather

2. Grandmother's husband

3. Husband's grandfather

4. Uncle

5. Husband's uncle

6. Father

7. Step father

8. Husband's father

9. Son

10. Husband's son

11. Daughter's husband

12. Brother

13. Grandson

14. Granddaughter's husband

15. Husband's grandson

16. Nephew

17. Niece's husband

The relationships set forth in this table include all such relationships,
whether by the whole or half blood.

R.S.O. 1970, c. 261, Form 10, amended.

Si.

«<

<-»■

tvl

»^

<y>

•^

o
^
^

>
o

BILL 62 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to revise The Marriage Act

The Hon. R. McMurtry
Attorney General

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The principal changes are:

1. The Act only applies to the first marriage ceremony and permits
additional ceremonies by the same couple, (s. 1 (2) ).

2. The requirement of fifteen days residence is deleted.

3. The minimum age for marriage is 18 years or 16 years with consent
of the parents, (s. 5).

4. The duty of performing civil marriages now performed by provincial
judges and county and district court judges is extended to justices
of the peace and other designated persons, (s. 24).

5. The action for breach of promise of marriage is abolished, (s. 32)

6. The question of fault is removed from consideration of the
question of entitlement to gifts made in contemplation of or
conditional upon marriage, (s. 33)

7. The procedural forms and prescribing of fees are moved from the
Act to be provided by regulations.

BILL 62 1977

An Act to revise The Marriage Act

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

1. — (1) In this Act, Interpre-

^ ' tation

{a) "band" means a band as defined in the Indian Act Rsc. 1970,
(Canada) ;

{b) "church" includes chapel, meeting-house or place set
aside for religious worship;

(c) "Indian" means a person who is registered as an
Indian or entitled to be registered as an Indian under
the Indian A ct (Canada) ;

[d] "issuer" means a person authorized under this Act
to issue marriage licences;

ie) "judge" means a provincial judge or a judge of a
county or district court;

(/) "licence" means a marriage licence issued under this
Act;

{g) "Minister" means the Minister of Consumer and
Commercial Relations;

(A) "prescribed" means prescribed by the regulations;

(t) "regulations" means the regulations made under this
Act;

{j) "reserve" means a reserve as defined in the Indian
Act (Canada). R.S.O. 1970. c. 261, s. 1; 1972, c. 1.
s. 44 (1-3), amended.

Application
of Act to
subsequent
ceremonies

New.

Administra-
tion

2. The administration of this Act is under the direction
of the Minister.

Delegation
of powers
and duties

Authority
to marry

4. No marriage may be solemnized except under the
authority of a licence issued in accordance with this Act or
the publication of banns. R.S.O. 1970, c. 261, s. 4 (1), amended.

Who may
marry

Idem

Giving of
consent

(3) The consent referred to in subsection 2 is not required
in respect of a person who is a widow, widower or divorced.

Idem

(4) Where one of the parents of a minor is dead or both
parents are living apart, the consent required by subsection 2
may be given by the parent having actual or legal custody
of the minor.

Idem
1974, c. 2

(6) Where a minor is made a ward of someone other than^^^™
a parent by order of a court or under any Act, the consent
required by subsection 2 may be given by the lawful guardian
of the minor or person responsible for exercising the rights
and duties of a guardian of the minor. R.S.O. 1970, c. 261,
ss. 7, 8, amended.

6. — (1) Where a person whose consent is required by sec- ^P|^^^|^y^"
tion 5 is not available or unreasoftably or arbitrarily with- with consent
holds his consent, the person in respect of whose marriage
the consent is required may apply to a judge without the
intervention of a next friend for an order dispensing with
the consent.

(2) The judge shall hear the application in a summary ?^jj^|''^ °^
manner and may, in his discretion, make an order dispensing
with the consent required by section 5. R.S.O. 1970, c. 261,
s. 9, amended.

7 . No person shall issue a licence to or solemnize the ^®e^n°^^y jn
marriage of any person whom he knows or has reasonable or under

III1IU.6IIC6

grounds to believe lacks capacity to marry by reason of being
mentally ill or mentally defective or under the influence of
intoxicating liquor or drugs. R.S.O. 1970, c. 261 , s. 6, amended.

8. — (1) An applicant for a licence who has been previously where dis-
married is entitled to be issued a licence if such marriage has former
been dissolved or annulled and such dissolution or annulment recognized
is recognized under the law of Ontario and the applicant ^^
otherwise complies with the requirements of this Act.

(2) Subject to subsection 6, no issuer shall issue a licence j^^flfe^'^^jfii
to a person whose previous marriage has been dissolved or issuer where
annulled in Canada unless such person deposits with the issuer, in Canada

{a) the final decree or judgment dissolving or annulling
the marriage or a copy of the final decree or judgment
or Act dissolving or annulling the marriage, certified
by the proper officer; and

(6) such other material as the issuer may require.

(3) Subject to subsection 6, no. issuer shall issue a licence ^ssoiution,
to a person whose previous marriage has been dissolved ov ^^^^^^^^'^^
annulled elsewhere than in Canada, unless the authorization

in writing of the Minister is obtained upon the deposit of such
material as he may require.

Review of
refusal to
Issue
licence

1971, c. 48

(4) Where an issuer refuses to issue a licence, or the Minister
refuses to issue an authorization under subsection 3, the
appHcant may apply to the Supreme Court for judicial
review under The Judicial Review Procedure Act, 1971 and
for an order directing that a licence be issued to him and if the
court finds that he is so entitled it may make such an order.

Parties

(5) The applicant, the Minister and such other persons as
the court may order are parties to an application under sub-
section 4.

Issue of
licence
under court
order

(6) Where an applicant for a licence files with an issuer,
together with his application, an order of the Supreme Court
made on an application under subsection 4 directing that a
licence be issued to him, the issuer shall issue the licence.
1971, c. 50, s. 55 (1).

Application 9 (J) A married person whose spouse is missing and

for presump- 11.

tion of death who alleges,

[a) that his spouse has been continuously absent for at
least seven years immediately preceding the applica-
tion;

(6) that his spouse has not been heard from or heard of
during such period by the applicant or to the
knowledge of the applicant by any other person;
and

may apply to the judge of a county or district court for an
order under this section.

Order

(2) Upon being satisfied as to the truth of the matters
alleged, the judge may, in his discretion, make an order
declaring that the spouse shall be presumed dead. R.S.O.
1970, c. 261, s. 11 (1, 2).

Remarriage (3) Where an Order has been obtained under this section,

authorized ^ '

the person in whose favour the order was made may, subject
to the provisions of this Act, obtain a licence or be married
under the authority of publication of banns upon depositing
a copy of the order with the person issuing the licence or
solemnizing the marriage together with an affidavit in the
prescribed form.

(4) The order has no effect for any purpose other than Effect of
the issuance of a Hcence under subsection 3. R.S.O. 1970,
c. 261, s. 11 (3, 4), amended.

10. Notwithstanding anything in this Act, if the Minister °^|^p^^°°Qj.
considers that circumstances justify the issue of a Hcence in'^i'iister
any particular case, he may, in his absolute discretion, authorize
the issue of the licence. R.S.O. 1970, c. 261, s. 10, amended.

11. — (1) Marriage licences may be issued by the clerk of issuers
every city, town and village.

in a county, or in a township adjacent thereto, or in a provi-
sional judicial district, or a member of a band upon the
recommendation of the council of the band. R.S.O. 1970,
c. 261, s. 30, amended.

(3) An issuer may, with the approval in writing of the Pliers
Minister or of the head of the council of the municipality of
which he is clerk, appoint in writing one or more deputies

to act for him, and any such deputy while so acting has the
power of the issuer appointing him.

(4) The issuer shall, upon appointing a deputy, forthwith appointment
transmit to the Minister a notice of the appointment, and of deputy

of the name and official position of the person by whom the
appointment has been approved, and the Minister may at
any time cancel the appointment.

(5) The deputy shall sign each licence issued by him with fjclnces^b °^
the name of the issuer as well as his own name in the following deputy
manner:

AB, Issuer of Marriage Licences, per CD, Deputy Issuer.

R.S.O. 1970, c. 261, s. 31.

12. — (1) An issuer or the Minister may require evidence f^^^^j^^^l^^jj^g
to identify any applicant or to establish his status and may
examine, under oath if required, any apphcant or other
person as to any matter p)ertaining to the issue of a licence.
R.S.O. 1970, c. 261, s. 33, amended.

(2) Where an issuer has reason to beHeve that any informa- information
tion set out in an appHcation for a licence is untrue, he shall
not issue the licence unless, on the production of such further
evidence as he may require, he is satisfied as to the truth of
the information. R.S.O. 1970, c. 261, s. 35, amended.

licences"^ 13. — (1) Every issuer shall keep in his office a record of

the serial number and the date of issue of every licence
issued by him, and the names and addresses of the parties to
the intended marriage.

Searches

(2) Any person is entitled, upon application, to have a
search made respecting any licence issued within three months
immediately preceding the date of application. R.S.O. 1970,
c. 261,s. 34.

forwarded to^ 14. Evcry issuer immediately upon issuing a licence and

Registrar every person registered as authorized to solemnize marriage

upon publishing banns shall forward to the Registrar General,

(a) any consent under section 5;

{b) any judge's order under section 6;

(d) any documentary or other material filed on the
application for a licence under section 8 ;

{e) any affidavit as to age;

(/) any documentary material obtained under section 12.
R.S.O. 1970, c. 261, s. 36, amended.

Oaths

Indians

15. Issuers may administer oaths for the purposes of this
Act. R.S.O. 1970, c. 261, s. 37.

1 6. Where both parties to an intended marriage are Indians
ordinarily resident on a reserve in Ontario or on Crown lands
in Ontario no fee shall be charged for the licence. R.S.O.
1970, c. 261, s. 39, amended.

ofbaiiM ^°" ^ '^ ' — ( ^ ) Where a marriage is to be solemnized under the
authority of publication of banns, the intention to marry shall
be proclaimed openly in an audible voice during divine service,

(a) where the parties are in the habit of attending worship
at the same church, being within Canada, at that
church; or

(6) where the parties are in the habit of attending worship
in different churches, being within Canada, in each
such church.

tim?of *°*^ (2) The banns shall be published according to the usage of
publication the denomination, faith or creed of the church in which they
are published and during divine Sunday service.

(3) Where the usage of any denomination, faith or creed Exception
substitutes any other day as the usual and principal day of

the week for the celebration of divine service, the banns shall
be published on such other day.

(4) The person or persons who publish banns shall certify ^''^o^
proof thereof in the prescribed form. R.S.O. 1970, c. 261, s. 15,
amended.

18. Banns shall not be published where either of the wh^^^e banns
parties to the intended marriage has been married and the published
marriage has been dissolved or annulled. R.S.O. 1970, c. 261,

s. 18, amended.

19. Form 1 respecting the prohibited degrees of affinity ^eg^eggtlf
and consanguinity shall be endorsed on the licence and on the be endorsed
proof of publication of banns. R.S.O. 1970, c. 261, s. 45 (1),
amended.

20. — (1) No person shall solemnize a marriage unless he who^ay^
is authorized by or under section 24 or is registered under marriage
this section as a person authorized to solemnize marriage.

(2) Upon application the Minister may, subject to subsec- Application
tion 3, register any person as a person authorized to solemnize registration
marriage.

(3) No person shall be registered unless it appears to the ^|9,^^y^^®
Minister,

(a) that the person has been ordained or appointed
according to the rites and usages of the religious
body to which he belongs, or is, by the rules of that
religious body, deemed ordained or appointed;

(6) that the person is duly recognized by the religious
body to which he belongs as entitled to solemnize
marriage according to its rites and usages;

(c) that the religious body to which the person belongs
is permanently established both as to the continuity
of its existence and as to its rites and ceremonies ; and

p^son"° (^) Notwithstanding subsection 1, where it appears to the

authorized to Minister that the doctrines of a relierious body described in

SOl6mi!llZ6

^^®'" (5) Where a person registered under subsection 4 performs

the duties imposed by subsection 4, every marriage solemnized
according to the rites, usages and customs of the religious
body is valid. R.S.O. 1970, c. 261, s. 22, amended.

Regrister 21. — (1) The Minister shall keep a register of the name of

every person registered as a person authorized to solemnize
marriage, the date of such registration, and such other par-
ticulars as he considers advisable.

Certificate ^2) The Minister may issue a certificate of registration under

registration this section in the prescribed form. R.S.O. 1970, c. 261,
s. 23.

^haiute°^ (2) Every religious body, members of which are registered

under this Act, shall notify the Minister of the name of every
such member so registered who has died or has ceased to
reside in Ontario or has ceased to be associated with such
religious body. R.S.O. 1970, c. 261, s. 24.

marriage ^^* — ^^^ ^ judge, a justice of the peace or any other

person of a class designated by the regulations may
solemnize marriages under the authority of a licence.

place *°^ (2) The solemnization of a marriage by a judge shall

take place in, the judge's office and shall be performed between
the hours of 9 o'clock in the morning and 5 o'clock in the
afternoon.

Form of (3) No particular form of ceremony is required except that

c6r©rnonv \ / * ^ * j.

in some part of the ceremony, in the presence of the person

solemnizing the marriage and witnesses, each of the parties
shall declare:

I do solemnly declare that I do not know of any lawful impediment
why I, AB, may not be joined in matrimony to CD,

and each of the parties shall say to the other:

I call upon these persons here present to witness that I, AB, do
take you, CD, to be my lawful wedded wife {or husband),

after which the person solemnizing the marriage shall say:

I, EF, by virtue of the powers vested in me by The Marriage Act,
1977 , do hereby pronounce you AB and CD to be husband and wife.

R.S.O. 1970, c. 261, s. 26, amended.

25. Every marriage shall be solemnized in the presence of owrutsand
the parties and at least two witnesses who shall affix their witnesses
names as witnesses to the entry in the register made under

section 28. R.S.O. 1970, c. 261, s. 20.

26. No marriage shall be solemnized under the authority publication
of publication of banns unless proof of publication by the per-
son or persons publishing the banns has been deposited with

the person solemnizing the marriage. R.S.O. 1970, c. 261, s. 17.

■<
27.— (1) A marriage shall not be solemnized under the waiting |

authority of a licence earlier than the third day after the under \

date of the issue of the licence, but the Minister in his absolute

discretion may authorize the solemnization of the marriage

earlier than such third day. R.S.O. 1970, c. 261 , s. 14, amended.

(2) A marriage shall not be solemnized under the authority JJf™^ jj^^j^^^g
of publication of banns, earher than the fifth day after the

date of the publication of banns. R.S.O. 1970, c. 261, s. 16,
amended.

(3) A marriage shall be solemnized only within the three ij^hfch^'^^^"
months immediately following the issue of the licence or the marriage to
publication of banns, as the case may be. R.S.O. 1970, c. 261,

s. 19, amended.

28. — (1 ) Every person shall immediately after he has solem- Carriage
nized a marriage, register

(a) where the marriage was solemnized in a church, enter
in the church register kept for the purpose; or

{b) where the marriage was solemnized elsewhere than in
the church, enter in a register kept by him for the
purpose,

the particulars prescribed by the regulations, and the entry
shall be authenticated by his signature and those of the
parties and witnesses. R.S.O. 1970, c. 261, s. 27. amended.

Marriage
certificate

Supply oj 29. — (1) Every person or religious body authorized to

registers solcmnizc marriages may apply to the Minister for a marriage

crowf'^°^ (2) Every register supplied by the Minister is the property
of the Crown. R.S.O. 1970, c. 261, s. 28, amended.

Protection
of persons
solemnizing
marriage in
good faith

Marriages
solemnized
in good
faith

Breach of
promise of
marriage
abolished

Application
of subs. 1

32. — (1) No action shall be brought for a breach of a
promise to marry or for any damages resulting therefrom.

(2) Subsection 1 does not apply in respect of actions for
breach of promise to marry or damages resulting therefrom
commenced before the day on which this Act comes into
force. New.

5ft^made°fn ^^' Where one person makes a gift to another in con-
contempia- tcmplation of or conditional upon their marriage to each

marriage

New.

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

{a) prescribing forms for the purposes of this Act and
providing for their use, and requiring any matter
therein to be verified by affidavit ;

{b) prescribing any matter required by this Act to be
prescribed by the regulations;

{d) prescribing the duties of issuers;

{e) requiring persons authorized to solemnize marriages
to furnish such information and returns as are pre-
scribed ;

(/) amending Form 1 to make it conform to the law for
the time being;

{g) designating classes of persons authorized to solem-
nize marriages under section 24. New.

35. — (1) Every person who knowingly makes any false Peni'ity:
statement in any document required under this Act, in addi- statements
tion to any other penalty or punishment to which he may be
liable, is guilty of an offence and on summary conviction is
liable to a fine of not more than $1,000 or to imprisonment
for a term of not more than one year, or to both.

(2) Every person who contravenes any provision of this^dem^^
Act for which no other penalty is provided is guilty of an
offence and on summary conviction is liable to a fine of not
more than $500. R.S.O. 1970, c. 261, ss. 47-52, amended.

36. The following are repealed: Repeals

1. The Marriage Act, being chapter 261 of the Revised
Statutes of Ontario, 1970.

Commence-
ment

2. The Marriage Amendment Act, 1972, being chapter
32.

3. Section 55 of The Civil Rights Statute Law Amend-
ment Act, 1971 , being chapter 50.

4. Section 44 of The Government Reorganization Act,
1972, being chapter 1.

37. This Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.

Short title 3g, xhe short title of this Act is The Marriage Act, 1977.

FORM 1

{Section 19)

Degrees of affinity and consanguinity which, under the statutes in that
behalf, bar the lawful solemnization of marriage.

A man may not marry his

1. Grandmother

2. Grandfather's wife

3. Wife's grandmother

4. Aunt

5. Wife's aunt

6. Mother

7. Step mother

8. Wife's mother

9. Daughter

10. Wife's daughter

11. Son's wife

12. Sister

13. Granddaughter

14. Grandson's wife

15. Wife's granddaughter

16. Niece

17. Nephew's wife

A woman may not marry her

1. Grandfather

2. Grandmother's husband

3. Husband's grandfather

4. Uncle

5. Husband's uncle

6. Father

7. Step father

8. Husband's father

9. Son

10. Husband's son

11. Daughter's husband

12. Brother

13. Grandson

14. Granddaughter's husband

15. Husband's grandson

16. Nephew

17. Niece's husband

The relationships set forth in this table include all such relationshifK,
whether by the whole or half blood.

R.S.O. 1970, c. 261, Form 10, amended.

»-

«>

<rH.

C/)

^S-

«>

i-t-

O
•-1

o
a:

•<

»— ^

►<

n
o

J>^

O
o

>«»

ft-

ft)

!-►■

S-

r-t-

Grq

1-^

OTQ

3
>

3*
O)

OftJ

>
n

BILL 62

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to revise The Marriage Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 62 1977

An Act to revise The Marriage Act

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

1. — (1) In this Act, Interpre-

^ ' ' tation

(a) "band" means a band as defined in the Indian Act Rs.c. i970.
(Canada) ;

{h) "church" includes chapel, meeting-house or place set
aside for religious worship;

(c) "Indian" means a person who is registered as an
Indian or entitled to be registered as an Indian under
the Indian A ct (Canada) ;

{d) "issuer" means a person authorized under this Act
to issue marriage licences;

{e) "judge" means a provincial judge or a judge of a
county or district court;

(/) "licence" means a marriage licence issued under this
Act;

(g) "Minister" means the Minister of Consumer and
Commercial Relations;

(A) "prescribed" means prescribed by the regulations;

(t) "regulations" means the regulations made under this
Act;

{j) "reserve" means a reserve as defined in the Indian
Act (Canada). R.S.O. 1970, c. 261, s. 1; 1972, c. 1,
s. 44 (1-3), amended.

Application
of Act to
subsequent
ceremonies

(2) This Act does not apply in resf)ect of any ceremony or
form of marriage gone through by two persons who are
married to each other by a marriage previously solemnized
in accordance with this Act or recognized as valid in Ontario.

New.

Administra-
tion

2. The administration of this Act is under the direction
of the Minister.

Delegation
of powers
and duties

Authority
to marry

4. No marriage may be solemnized except under the
authority of a licence issued in accordance with this Act or
the publication of banns. R.S.O. 1970, c. 261, s. 4 (1), amended.

Who may
marry

Idem

Giving of
consent

(3) The consent referred to in subsection 2 is not required
in respect of a person who is a widow, widower or divorced.

Idem

(4) Where one of the parents of a minor is dead or both
parents are living apart, the consent required by subsection 2
may be given by the parent having actual or legal custody
of the minor.

Idem

1974. c. 2

(6) Where a minor is made a ward of someone other thani<i®"i
a parent by order of a court or under any Act, the consent
required by subsection 2 may be given by the lawful guardian
of the minor or person responsible for exercising the rights
and duties of a guardian of the minor. R.S.O. 1970, c. 261,
ss. 7, 8, amended.

6. — (1) Where a person whose consent is required by sec- ^P|^^^|^y^"
tion 5 is not available or unreasonably or arbitrarily with- with consent
holds his consent, the person in respect of whose marriage
the consent is required may apply to a judge without the
intervention of a next friend for an order dispensing with
the consent.

(2) The judge shall hear the application in a summary JJIj^l^^ °^
manner and may, in his discretion, make an order dispensing
with the consent required by section 5. R.S.O. 1970, c. 261,
s. 9, amended.

7. No person shall issue a licence to or solemnize the ^®g^^°°j^y ^
marriage of any person whom he knows or has reasonable pr under

■1 1 1- 1 1 1 r 1 • influence

grounds to believe lacks capacity to marry by reason of being
mentally ill or mentally defective or under the influence of
intoxicating liquor or drugs. R.S.O. 1970, c. 261, s. 6, amended.

8. — (1) An applicant for a licence who has been previously where^dis-^
married is entitled to be issued a licence if such marriage has former

, T,i 111 1 i,-i- 1 marriage

been dissolved or annulled and such dissolution or annulment recognized
is recognized under the law of Ontario and the applicant ^°
otherwise complies with the requirements of this Act.

(2) Subject to subsection 6, no issuer shall issue a licence bi^flfg^^^fth
to a person whose previous marriage has been dissolved or issuer where
annulled in Canada unless such person deposits with the issuer, in Canada

{a) the final decree or judgment dissolving or annulling
the marriage or a copy of the final decree or judgment
or Act dissolving or annulling the marriage, certified
by the proper officer; and

[b) such other material as the issuer may require.

(3) Subject to subsection 6, no issuer shall issue a licence diMofution,
to a person whose previous marriage has been dissolved or ^^^j^^^^^^*'*®
annulled elsewhere than in Canada, unless the authorization

in writing of the Minister is obtained upon the deposit of such
material as he may require.

Review of
refusal to
issue
licence

1971, c. 48

Parties

(5) The applicant, the Minister and such other persons as
the court may order are parties to an application under sub-
section 4.

Issue of
licence
under court
order

Application 9 — (J) A married person whose spouse is missing and

forpresump- , ,,

tion of death who alleges,

{a) that his spouse has been continuously absent for at
least seven years immediately preceding the applica-
tion;

(6) that his spouse has not been heard from or heard of
during such period by the applicant or to the
knowledge of the applicant by any other person;
and

may apply to the judge of a county or district court for an
order under this section.

Order (2) Upon being satisfied as to the truth of the matters

alleged, the judge may, in his discretion, make an order
declaring that the spouse shall be presumed dead. R.S.O.
1970, c. 261, s. 11 (1,2).

Remarriage (3) Where an Order has been obtained under this section,

authorized ^ ' . '

(4) The order has no effect for any purpose other than ^ffejj^t of
the issuance of a Hcence under subsection 3. R.S.O. 1970,
c. 261, s. 11 (3, 4), amended.

10. Notwithstanding anything in this Act, if the Minister ^ryp^owerof
considers that circumstances justify the issue of a licence in Minister
any particular case, he may, in his absolute discretion, authorize
the issue of the licence. R.S.O. 1970, c. 261, s. 10, amended.

11. — (1) Marriage licences may be issued by the clerk ofi^si^ers
every city, town and village.

(2) Where it is considered expedient for the pubHc con- in townships
venience, the Lieutenant Governor in Council may appoint unorganized
as an issuer the clerk of any township, or any person resident ^^" °^^

in a county, or in a township adjacent thereto, or in a provi-
sional judicial district, or a member of a band upon the
recommendation of the council of the band. R.S.O. 1970,
c. 261, s. 30, amended.

(3) An issuer may, with the approval in writing of the ?|Pgrs
Minister or of the head of the council of the municipality of
which he is clerk, appoint in writing one or more deputies

to act for him, and any such deputy while so acting has the
power of the issuer appointing him.

(4) The issuer shall, upon appointing a deputy, forthwith appointment
transmit to the Minister a notice of the appointment, and of deputy

of the name and official position of the person by whom the
appointment has been approved, and the Minister may at
any time cancel the appointment.

(5) The deputy shall sign each licence issued by him with fjc^nces^b °^
the name of the issuer as well as his own name in the following deputy
manner :

AB, Issuer of Marriage Licences, per CD, Deputy Issuer.

R.S.O. 1970, c. 261, s. 31.

12. — (1) An issuer or the Minister may require evidence ^^*^j®^^|Q°jj"g
to identify any applicant or to establish his status and may
examine, under oath if required, any applicant or other
person as to any matter pertaining to the issue of a licence.
R.S.O. 1970, c. 261, s. 33, amended.

(2) Where an issuer has reason to believe that any informa- information
tion set out in an application for a licence is untrue, he shall
not issue the licence unless, on the production of such further
evidence as he may require, he is satisfied as to the truth of
the information. R.S.O. 1970, c. 261, s. 35, amended.

Record of
licences

Searches

13. — (1) Every issuer shall keep in his office a record of
the serial number and the date of issue of every licence
issued by him, and the names and addresses of the parties to
the intended marriage.

(2) Any person is entitled, upon application, to have a
search made respecting any licence issued within three months
immediately preceding the date of application. R.S.O. 1970,
c. 261. s. 34.

forwarded°o^ ^'^' ^very issuer immediately upon issuing a licence and

Registrar evcry person registered as authorized to solemnize marriage

upon publishing banns shall forward to the Registrar General,

Oaths

Indians

(a) any consent under section 5;

(b) any judge's order under section 6;

(f) any affidavit or judge's order under section 9;

{d) any documentary or other material filed on the
application for a licence under section 8 ;

{e) any affidavit as to age;

(/) any documentary material obtained under section 12.
R.S.O. 1970, c. 261, s. 36, amended.

15. Issuers may administer oaths for the purposes of this
Act. R.S.O. 1970, c. 261, s. 37.

1 6. Where both parties to an intended marriage are Indians
ordinarily resident on a reserve in Ontario or on Crown lands
in Ontario no fee shall be charged for the licence. R.S.O.
1970, c. 261, s. 39, amended.

of^banns"^" ^^* — (^) Where a marriage is to be solemnized under the
authority of publication of banns, the intention to marry shall
be proclaimed openly in an audible voice during divine service,

(a) where the parties are in the habit of attending worship
at the same church, being within Canada, at that
church ; or

[h) where the parties are in the habit of attending worship
in different churches, being within Canada, in each
such church.

time'of *"^ (2) The banns shall be published according to the usage of
publication the denomination, faith or creed of the church in which they
are published and during divine Sunday service.

(3) Where the usage of any denomination, faith or creed Exception
substitutes any other day as the usual and principal day of

the week for the celebration of divine service, the banns shall
be published on such other day.

(4) The person or persons who publish banns shall certify Proof
proof thereof in the prescribed form. R.S.O. 1970, c. 261, s. 15,
amended.

18. Banns shall not be published where either of the wh^^re banns
parties to the intended marriage has been married and the published
marriage has been dissolved or annulled. R.S.O. 1970, c. 261,

s. 18, amended.

19. Form 1 respecting the prohibited degrees of affinity |'e|^ees\o^
and consanguinity shall be endorsed on the licence and on the ^e endorsed
proof of publication of banns. R.S.O. 1970, c. 261, s. 45 (1),
amended.

20. — (1) No person shall solemnize a marriage unless he ^ho^ay^
is authorized by or under section 24 or is registered under marriage
this section as a person authorized to solemnize marriage.

(2) Upon application the Minister may, subject to subsec- Application
tion 3, register any person as a person authorized to solemnize registration
marriage.

(3) No person shall be registered unless it appears to the ^j^^P^^^y^*'®
Minister,

(6) that the person is duly recognized by the religious
body to which he belongs as entitled to solemnize
marriage according to its rites and usages;

(c) that the religious body to which the person belongs
is permanently established both as to the continuity
of its existence and as to its rites and ceremonies ; and

^reno (4) Notwithstanding subsection 1, where it appears to the

authorized to Minister that the doctrines of a reUgious body described in
marriage clause c of subsection 3 do not recognize any person as
authorized to solemnize marriage, the Minister may register
a person duly designated by the governing authority of the
religious body who shall, in respect of marriages performed
according to the rites, usages and customs of the religious
body, perform all the duties imposed by this Act upon a
person solemnizing a marriage, other than solemnizing the
marriage.

Idem

every person registered as a person authorized to solemnize
marriage, the date of such registration, and such other par-
ticulars as he considers advisable.

Certificate ^2) The Minister may issue a certificate of registration under

registration this Section in the prescribed form. R.S.O. 1970, c. 261,
s. 23.

Notice of
change

Civil
marriage

Time and
place

24. — (1) A judge, a justice of the peace or any other
person of a class designated by the regulations may
solemnize marriages under the authority of a licence.

(2) The solemnization of a marriage by a judge shall
take place in the judge's office and shall be performed between
the hours of 9 o'clock in the morning and 5 o'clock in the
afternoon.

Form of
ceremony

(3) No particular form of ceremony is required except that
in some part of the ceremony, in the presence of the person

solemnizing the marriage and witnesses, each of the parties
shall declare:

I do solemnly declare that I do not know of any lawful impediment
why I, AB, may not be joined in matrimony to CD,

and each of the parties shall say to the other:

I call upon these persons here present to witness that I, AB, do
take you, CD, to be my lawful wedded wife {or husband),

after which the person solemnizing the marriage shall say:

I, EF, by virtue of the powers vested in me by The Marriage Act,
1977, do hereby pronounce you AB and CD to be husband and wife.

R.S.O. 1970, c. 261, s. 26, amended.

25. Every marriage shall be solemnized in the presence of of*pI?ues and
the parties and at least two witnesses who shall affix their witnesses
names as witnesses to the entry in the register made under

section 28. R.S.O. 1970, c. 261, s. 20.

26. No marriage shall be solemnized under the authority p^bncation
of publication of banns unless proof of publication by the per-
son or persons publishing the banns has been deposited with

the person solemnizing the marriage. R.S.O. 1970, c. 261, s. 17.

27. — (1) A marriage shall not be solemnized under the waiting
authority of a licence earlier than the third day after the under

ilCGnC6

date of the issue of the licence, but the Minister in his absolute
discretion may authorize the solemnization of the marriage
earlier than such third day. R.S.O. 1970, c. 261 , s. 14, amended.

(2) A marriage shall not be solemnized under the authority ^^^^l ^anns
of publication of banns, earlier than the fifth day after the

date of the publication of banns. R.S.O. 1970, c. 261, s. 16,
amended.

(3) A marriage shall be solemnized only within the three which^*'^^"
months immediately following the issue of the licence or the marriage to
publication of banns, as the case may be. R.S.O. 1970, c. 261,

s. 19, amended.

28. — (1 ) Every person shall immediately after he has solem- ^^rHage
nized a marriage, register

(a) where the marriage was solemnized in a church, enter
in the church register kept for the purpose; or

(b) where the marriage was solemnized elsewhere than in
the church, enter in a register kept by him for the
purpose,

the particulars prescribed by the regulations, and the entry
shall be authenticated by his signature and those of the
parties and witnesses. R.S.O. 1970, c. 261, s. 27, amended.

Marriage
certificate

Supply of 29. — (1) Every person or religious body authorized to

registers solemnize marriages may apply to the Minister for a marriage

Property of
Crown

(2) Every register supplied by the Minister is the property
of the Crown. R.S.O. 1970, c. 261, s. 28, amended.

Protection
of persons
solemnizing
marriage In
good faith

Marriages
solemnized
in good
faith

Breach of
promise of
marriage
abolished

Application
of subs. 1

32. — (1) No action shall be brought for a breach of a
promise to marry or for any damages resulting therefrom.

(2) Subsection 1 does not apply in respect of actions for
breach of promise to marry or damages resulting therefrom
commenced before the day on which this Act comes into
force. New.

^ftsmade°[n ^^' Where one person makes a gift to another in con-
contempia- templation of or conditional upon their marriage to each

marriage

New.

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

{a) prescribing forms for the purposes of this Act and
providing for their use, and requiring any matter
therein to be verified by affidavit ;

[b) prescribing any matter required by this Act to be
prescribed by the regulations;

{d) prescribing the duties of issuers ;

{e) requiring persons authorized to solemnize marriages
to furnish such information and returns as are pre-
scribed ;

(/) amending Form 1 to make it conform to the law for
the time being;

{g) designating classes of persons authorized to solem-
nize marriages under section 24. New.

35. — (1) Every person who knowingly makes any false Penalty :
statement in any document required under this Act, in addi- statements
tion to any other penalty or punishment to which he may be
liable, is guilty of an offence and on summary conviction is
liable to a fine of not more than $1,000 or to imprisonment
for a term of not more than one year, or to both.

(2) Every person who contravenes any provision of this^^^^^^j
Act for which no other penalty is provided is guilty of an
offence and on summary conviction is liable to a fine of not
more than $500. R.S.O. 1970, c. 261, ss. 47-52, amended.

36. The following are repealed: Repeals

1. The Marriage Act, being chapter 261 of the Revised
Statutes of Ontario. 1970.

2. The Marriage Amendment Act, 1972. being chapter

Commence-
ment

Short title

3. Section 55 of The Civil Rights Statute Law Amend-
ment Act, 1971, being chapter 50.

4. Section 44 of The Government Reorganization Act,
1972, being chapter 1.

37. This Act comes into force on a day to be named by
proclamation of the Lieutenant Governor.

38. The short title of this Act is The Marriage Act, 1977.

FORM 1

[Section 19)

Degrees of affinity and consanguinity which, under the statutes in that
behalf, bar the lawful solemnization of marriage.

A man may not marry his
1. Grandmother

2. Grandfather's wife

3. Wife's grandmother

4. Aunt

5. Wife's aunt

6. Mother

7. Step mother

8. Wife's mother

9. Daughter

10. Wife's daughter

11. Son's wife

12. Sister

13. Granddaughter

14. Grandson's wife

15. Wife's granddaughter

16. Niece

17. Nephew's wife

A woman may not marry her

1. Grandfather

2. Grandmother's husband

3. Husband's grandfather

4. Uncle

5. Husband's uncle

6. Father

7. Step father

8. Husband's father

9. Son

10. Husband's son

11. Daughter's husband

12. Brother

13. Grandson

14. Granddaughter's husband

15. Husband's grandson

16. Nephew

17. Niece's husband

The relationships set forth in this table include all such relationships,
whether by the whole or half blood.

R.S.O. 1970, c. 261, Form 10. amended.

ffi

1-1

o
2:

13
"-1

•<

r-t-

O
o

c-o

i^^

ki^

3
a*

■-1

1
ft

■I

55.

r-t-

^ .

t— '

1 ■

"-4

>
n

OTQ

BILL 63 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

Aa Act respecting
Motor Vehicle Access to Property by Private Road

Mr. Maeck

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill is designed to protect the interests of a person who is dependent
upon a single private road for motor vehicle access to his property. A
person who wishes to close a private road may do so upon obtaining a
court order or by meeting one of the other exceptions set out in the Bill.
The Bill does not affect rights of ownership in land but contemplates that
in the case of a dispute concerning property rights, the road will remain
open until the rights of the parties are determined unless circumstances
arise that justify the making of a closing order.

BILL 63 1977

An Act respecting Motor Vehicle Access
to Property by Private Road

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

1. In this Act, J°terpre-

(a) "judge" means a judge of a county or district court;

(b) "private road" means a road, not dedicated or
deemed at law to be a public highway, that is
ordinarily used as a motor vehicle thoroughfare.

2. — (1) No person shall construct or place a barrier or ^^^^ate^road
other obstacle over a private road that, as a result, prevents closed
road access to one or more parcels of land unless,

(a) the person has obtained a court order referred to
in section 3;

(b) the closure is made with the consent of the persons
immediately affected thereby;

{d) the closure is in accordance with a final determination
of the rights of the parties made by a court of law
or arising from the settlement of an action.

(2) For the purposes of this Act, a person immediately i'^®'"
affected by a road closure is an owner, tenant or other
occupant of land served by a private road who would be
deprived of motor vehicle access to the land if the road
were closed.

3. — (1) An application for an order closing a private road ^losing
may be made to a judge in the county or district in which

Notice

When judge
may grant
order

Interim
closing
order

Idem

the proposed place of closure is located and the application
shall include a description of the private road sought to be
closed, the proposed place of closure, and the names of
owners and tenants immediately affected thereby.

(2) At least ten days notice of an application for a closing
order shall be given to owners and tenants of land immediately
affected by the proposed closure and the notice shall be
served personally or sent by registered mail to the person's
permanent residence.

(3) A judge may grant a closing order upon being satisfied
that the closure of the private road is reasonably necessary
to prevent irreparable damage or injury to the interests of
the applicant or is reasonably necessary for some purpose in
the public interest.

(4) Where notice as required under subsection 2 is not
given, the court may grant an interim closing order for a
period not longer than thirty days upon being satisfied that
the delay required to give notice would result in irreparable
damage or injury to the interests of the applicant.

(5) A judge may make a closing order or interim closing
order on such terms and conditions and subject to section 4,
for such duration as the judge deems proper in the circum-
stances.

Setting

aside

order

(6) An owner or tenant entitled to notice at the time a
closing order is made may apply to a judge to have the
order set aside and the judge may so order where he deems
it proper in the circumstances.

Saving 4, Nothing in this Act shall be construed to confer any

right in respect of the ownership of land where the right
does not otherwise exist at law.

Offence

Commence-
ment

6. Every person who knowingly contravenes section 2 of
this Act is guilty of an offence and on summary conviction
is liable to pay a fine of not more than $2,000 or to imprison-
ment for a term of not more than one year, or to both.

6. This Act comes into force on the day it receives Royal
Assent.

Short title 7^ fhe short title of this Act is The Private Road Access

Act, 1977.

>
w
o

C-0

t\)

>>^

«/)

SV,

i-f-

o
^
^

>
_ o

o ^

•-I

2^.

<-»•

orq

■-t

o (^

°-^
o

(T)

(/I

BILL 64 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act respecting Small Business in Ontario

Mr. Eakins

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to provide for the preservation and expansion
of small business enterprise in Ontario. The Bill provides for government
efforts relating to tendering policy, subcontracting, research and develop-
ment and small business co-operatives as a means of providing support for
small business enterprise.

BILL 64 1977

An Act respecting
Small Business in Ontario

WHEREAS the essence of Ontario's socio-economic system Preamble
is embodied in the principles of free enterprise, competi-
tion and diversity; and whereas the preservation and expan-
sion of these principles is essential to the basic welfare and
security of the people of the Province of Ontario, as well as
to the growth of personal initiative; and whereas this
Legislature wishes to grant formal recognition to, and give
fair and equitable support for that sector of the economy
that most effectively preserves and enhances free, competitive
enterprise ;

Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:

1. (1) In this Act, Interpre-

^ ' tatlon

(a) "Minister" means the Minister of Industry and
Tourism ;

{b) "small business" means a business that is inde-
pendently owned and operated and is not dominant
in its field of operation.

(2) The Minister may by regulation further define a small Minister may
business having regard to other criteria including the number small

of employees and the dollar volume of business.

(3) Where the number of employees is used as one of the i^em
criteria referred to in subsection 2, the maximum number

of employees stated in the definition may vary from industry
to industry to the extent necessary to reflect differing
characteristics of such industries and to take proper account
of other relevant factors.

Objects 2. — (1) The Government of Ontario shall aid, counsel,

assist and protect, in so far as possible, the interests of small
business.

Oovernment
purchases
from small
businesses

(2) In order to preserve free competitive enterprise, the
Government of Ontario shall,

(a) establish a target of 40 per cent of the total pur-
chases and contracts or subcontracts for goods,
services and real property purchased or made by
the Government to be placed with small businesses
within three years of the date this Act comes into
force; and

(b) ensure that a fair proportion of the total sales and
leases of Government property be transacted with
small businesses.

Small

business

certificate

Minister

issues

certificate

Revocation

Notice in

Ontario

Gazette

3. — (1) There shall be a certificate known as the Small
Business Certificate to designate a concern, firm, person,
corporation, partnership, co-operative or other business
enterprise that is a small business for the purpose of this
Act that is determined to be in a sound financial and productive
position.

(2) Upon application, the Minister shall issue a certificate
certifying a business as a small business that is in a sound
financial and productive position.

(3) A Small Business Certificate is subject to revocation
by the Minister when the business covered thereby ceases to
be a small business or is no longer determined to be in a
sound financial and productive position.

(4) Notice shall be published in The Ontario Gazette within
thirty days of the issuance of a Small Business Certificate
or of the giving of notice with respect to revoking such a
certificate.

Idem

(5) A Small Business Certificate is deemed to be revoked
within thirty days of publication in The Ontario Gazette of a
notice to revoke, provided that such notice is also served
on the small business prior to publication in The Ontario
Gazette, and attestation of such service shall be given together
with the notice to revoke when so published.

(6) Offices of the Government having procurement or
lending powers, or engaging in the disposal of property or
allocating materials or supplies, or promulgating regulations
affecting the distribution of materials or supplies shall accept

as conclusive the Minister's determination as to which enter-
prises are to be designated as authorized and directed under
this section.

(7) An appeal from the Minister's decision to revoke under Appeal
this section involving questions of law or jurisdiction lies to

the Supreme Court of Ontario.

(8) An appeal from the Minister's decision to revoke under wem
this section lies to the Lieutenant Governor in Council.

(9) Where the Minister revokes a Small Business Certificate, written

^ ' . ' reasons

he shall provide written reasons for his decision.

4. — (1) Where tenders are sought by the Government, ^"^ve^^nient
any of its ministries or agencies, including Crown Corpora-
tions, for the purchase by the Government of goods, services
or real property, and in which tender is included the informa-
tion that it holds a Small Business Certificate, if such tender
is not higher than any other qualified tender, and it meets
all specified minimum requirements to qualify as a valid
tender, then such tender by the small business shall be
accepted.

(2) The Minister shall be provided with notice of all pro- Notice of

^ ' ' r r\ procurements

posed procurement actions of value exceeding $5,000 from
any provincial ministry, establishment, or agency engaged in
procurement of supplies and services in the Province of
Ontario and he shall publicize such notices in The Ontario
Gazette, immediately after the necessity for the procurement
is established, except that nothing herein shall require publica-
tion of such notices with respect to those procurements,

{a) that for security reasons are of a classified nature;

(b) that involve perishable subsistence supplies ;

(c) that are for utility services and the procuring agency
in accordance with applicable law has predetermined
the utility concern to whom the award will be made ;

(d) that are of such unusual and compelling emergency
that the Government would be seriously injured if
bids or offers were permitted to be made more than
fifteen days after the issuance of the invitation for
bids or solicitation for proposals;

{e) that are made by an order placed under an existing
contract ;

(/) that are made from" another Government ministry
or agency, or a mandatory source of supply ;

(g) that are for personal or professional services;

(h) that are for services from educational institutions;

(i) in which only foreign sources are to be solicited;
and

(j) for which it is determined in writing by the procur-
ing agency, with the concurrence of the Minister
that advance publicity is not appropriate or reason-
able.

bSfnesssub- ^* — ^^^ ^^^ Minister shall develop forthwith a small
contracting business subcontracting program containing provisions,

(a) to enable small businesses to be considered fairly
as subcontractors and suppliers to contractors per-
forming work or rendering services as prime con-
tractors or subcontractors under Government pro-
curement contracts ; and

{b) to enable the Ministry to obtain from any Govern-
ment procurement agency such available or reason-
ably obtainable information and records concerning
subcontracting by its prime contractors and their
subcontractors as the Ministry may deem necessary.

Mattere (2) Subsection 1 shall not be construed to authorize the

not to be / /

dealt with Minister,

in program

(a) to prescribe the extent to which any contractor or
subcontractor shall subcontract;

(6) to specify the businesses to which subcontracts shall
be granted; or

Subcontract- (3) x^c program shall provide that in evaluating bids or
favourable in selecting contractors for negotiated contracts the extensive

use of subcontractors by a proposed contractor shall be

considered a favourable factor.

busfness ^^^ ^^^ program shall provide that any firm awarded a

loans officer government contract over $500,000 shall employ a small

business liaison officer, who may already be a member of
the firm, to be responsible for subcontracting portions of the
work to small businesses, wherever possible.

(5) Every contract for goods, services or real property, ^o^^actuai
including contracts for research and development, mainten- provisions
ance, repair and construction, but not including contracts
to be performed entirely outside the Province of Ontario,
in excess of $500,000, made by a Government ministry or
agency, that in the opinion of the procuring agency offers
substantial subcontracting possibilities, shall require the
contractor,

(a) to conform to the small business subcontracting
program; and

(b) to insert in all subcontracts and purchase orders
in excess of $250,000 that offer substantial possibili-
ties for further subcontracting a provision requiring
the subcontractor or supplier to conform to the small
business subcontracting program.

6. — (1) It shall be the duty of the Minister and he is Research
hereby empowered, development

(a) to assist small businesses to obtain Government
contracts for research and development;

(b) to instruct Government agencies and ministries to
contract out as much research and development
work as possible;

(c) to assist small business to benefit from research and
development performed under Government contracts
or at Government expense;

(d) to provide technical assistance to small business
and to simplify application procedures in order to
accomplish the purposes of this section ;

(e) to give preference to Canadian owner-managed
businesses in allocating research grants and loans;
and

(/) to publish information as to facilities available
through small businesses for research and develop-
ment.

(2) The Minister may consult and co-operate with all wem
Government agencies and make studies and recommendations

to such agencies, and such agencies shall co-operate with
the Minister in order to carry out and accomplish the purposes
of this section.

Co-operatives 7. — (1) The Minister may consult with any representative
of one or more small businesses to encourage the formation of
co-operatives formed and capitalized by a group of small
businesses with resources provided by them for the provision
of central services, or for the purjxjse of obtaining for the
use of such small businesses raw materials, equipment, inven-
tories, supplies or the benefits of research and development,
or for establishing facilities to undertake and utilize applied
research.

Co-operatives (2) The Minister may certify a co-operative as a member
oertifled of a special class of small business and may issue the certi-
ficate referred to in section 3.

^^^^ (3) The Minister may provide advisory services, regarding

the mechanics of establishing co-operatives.

Powers of g. The Minister may,

Minister

(a) enter into contracts with any provincial government
or the Government of Canada and any ministry,
agency, or officer thereof having procurement powers
obligating the Minister to furnish articles, equipment,
supplies or materials to Ontario, and in any case in
which the Minister certifies to any officer of Ontario
having procurement powers that the Ministry of
Industry and Tourism is competent to perform any
specific government procurement contract to be let
by any such officer, such officer shall be authorized,
in his discretion, to let such procurement contract
to the Ministry of Industry and Tourism upon such
terms and conditions as may be agreed upon between
the Minister and the procurement officer;

(b) arrange for the performance of such contracts by
negotiating or otherwise letting subcontracts to
small business concerns or others for the manufac-
ture, supply, or assembly of such articles, equip-
ment, supplies, or materials or parts thereof, or
servicing or processing in connection therewith, or
such management services as may be necessary to
enable the Ministry of Industry and Tourism to
perform such contracts;

matters in connection with Government procurement
and property disposal and on policies, principles,
and practices of good management, including but
not limited to cost accounting, methods of financing
business insurance, accident control, wage incentives,
and methods engineering, by,

(i) co-operating and advising with voluntary
business, professional, educational, and other
non-profit organizations, associations and in-
stitutions and with other governmental
agencies,

(ii) maintaining a clearinghouse for information
concerning the managing, financing and opera-
tion of small business enterprises,

(iii) disseminating such information, and

(iv) such other activities as are deemed appro-
priate by the Minister ;

{d) co-ordinate and ascertain the means by which the
productive capacity of small businesses can be most
effectively utilized;

(e) consult and co-operate with officers of the Govern-
ment having procurement or property disposal powers
in order to utilize the potential productive capacity
of plants operated by small businesses;

(/) obtain information as to methods and practices
that government prime contractors utilize in letting
subcontracts by prime contractors to small businesses
at prices and on conditions and terms which are fair
and equitable;

{g) determine within any industry the concerns, firms,
jjersons, corporations, partnerships, co-operatives,
or other business enterprises that may be designated
as small businesses for the purposes of this Act ;

(A) serve as a focal point to receive complaints, criti-
cisms and suggestions concerning the policies and
activities of the Ministry of Industry and Tourism
and any other government agency that affects small
business ;

(t) represent the views and interests of small businesses
before other agencies whose policies and activities
may affect small businesses ;

(j) enlist the co-operation and assistance of public and
private agencies, businesses and other organizations
in disseminating information about the programs
and services provided by the Government that are
of benefit to small businesses and information con-
cerning the manner in which small businesses can
participate in or make use of such programs and
services; and

(k) receive reports from Government agencies and
ministries concerning the progress in procurement
and contracting to small business.

standing 9, There shall be a standing committee of the Assembly

to be known as the Small Business Committee, that shall
report annually to the Assembly if it is in session or, if not,
at the next ensuing session, on all aspects meriting legislative
attention with respect to small businesses, and that shall
consider,

(a) proposed legislation and legislative reform ;

(6) the state of governmental and private assistance
available respecting training, manpower and manage-
ment development, research, technical and scientific
assistance ;

(d) representations from small business groups;

(e) the proposals for changes in the policies and activities
of any agency of the Government that will better
fulfill the purposes of this Act and communicate
such proposals to the appropriate agencies; and

(/) such other matters dealing with small businesses as
the standing committee in its opinion considers
appropriate.

Regulations |Q, — (1) Xhe Lieutenant Governor in Council shall make
regulations prescribing the criteria for determining whether
a small business is in a sound financial and productive
position.

Mem (2) The Lieutenant Governor in Council may prescribe

regulations implementing the small business subcontracting
program.

1 1 . Nothing in this Act shall be construed to authorize confiden-
any ministry or agency of the Government to disseminate
technical data or processes developed by any business under

this Act.

1 2. This Act comes into force on the day it receives Royal ^°™^®°°®'
Assent.

13. The short title of this Act is The Small Business /Id, short title
1977.

C-0

t\i

►^

ft)

«>

&
^

(^'

c >

(/> (T>

C/) C/3

p
3.
o

BILL 65 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Surrogate Courts Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. The amendment codifies the present practice for the
surrogate court clerk in the Judicial District of York to perform the duties
of the Surrogate Clerk for Ontario.

Section 2. The designation of holidays on which surrogate court
offices will be closed is rewritten to coincide with The Public Service Act.
The wording is the same as in The Registry Act and The Land Titles Act.

Section 3. The amendment adopts the same language to refer to
members of the armed forces on active service as is used in section 8 of the
Bill to enact The Succession Law Reform Act, 1977. The provisions repealed
and not re-enacted provide for true evaluation of the estate.

BILL 65 1977

An Act to amend The Surrogate Courts Act

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

1. Section 12 of The Surrogate Courts Act, being chapter 451 of amended
the Revised Statutes of Ontario, 1970, is amended by adding
thereto the following subsection:

(3) The registrar for The Surrogate Court of the Judicial surrogate
District of York is by virtue of his office the Surrogate Clerk Ontario
for Ontario.

2. Subsection 1 of section 16 of the said Act, as re-enacted by^^i^w^^^^
the Statutes of Ontario, 1971, chapter 59, section 2, is repealed

and the following substituted therefor:

(1) In this section, "hoHday" means, deflSfeY

(a) Saturday;

{b) Sunday;

3. Subsections 3, 4, 5 and 6 of section 34 of the said Act are ^e^g^^^^tg^j
repealed and the following substituted therefor: ?eTOai'ed^^'

(3) In subsection 2, "members of the forces" means a gte^"-
member of a component of the Canadian Forces,

(a) that is referred to in the National Defence Acf^-^^'^^'^-
(Canada) as a regular force ; or

{b) while placed on active service under the National
Defence Act (Canada).

8.56.
re-enacted

Evaluation

subsequently

discovered

property

Evaluation
of limited
grant

4. Section 56 of the said Act is repealed and the following sub-
stituted therefor:

56. — (1) The person applying for a grant of probate or
administration shall before it is granted make or cause to be
made and delivered to the registrar a true statement of the
total value, verified by the oath of the applicant, of all the
property that belonged to the deceased at the time of his
death.

(2) When after the grant of probate or letters of ad-
ministration any property belonging to the deceased at the
time of his death and not included in such statement of
total value is discovered by the executor or administrator,
he shall, within six months thereafter, deliver to the regis-
trar a true statement of the total value, duly verified by
oath, of such newly discovered property.

(3) Where the application or grant is limited to part only
of the property of the deceased, it is sufficient to set forth
in the statement of value only the property and value there-
of intended to be affected by such application or grant.

s. 60 (2) (a),
re-enacted

5. — (1) Clause a of subsection 2 of section 60 of the said Act,
as enacted by the Statutes of Ontario, 1973, chapter 19,
section 1, is repealed and the following substituted
therefor :

1977, c.

(a) the net value of the estate as computed for the
purposes of section 46 of The Succession Law Reform
Act, 1977 does not exceed $75,000; and

Application
of subs. 1

(2) Subsection 1 does not apply in respect of the administra-
tion of the estate of a person who died before this section
comes into force.

8.76(1).
amended

6. — (1) Subsection 1 of section 76 of the said Act is amended by
striking out "as to personal property" in the ninth and
tenth lines.

8. 76 (3).
repealed

Commence-
ment

Idem

(2) Subsection 3 of the said section 76 is repealed.
7.-{l

(2)

This Act, except sections 5 and 6, comes into force on
the day it receives Royal Assent.

Sections 5 and 6 come into force on the day The Succession
Law Reform Act, 1977 comes into force.

Short title

8. The short title of this Act is The Surrogate Courts Amendment
Act, 1977.

Section 4. The amendment does away with the filing of detailed
inventory upon an application for probate or letters of administration.
The inventory is replaced by a statement of total value.

Section 5. The provision amended dispenses with a bond where the
administrator is the surviving spouse of the deceased and the estate does
not exceed the preferential share on an intestacy. The amendment brings
the amount into line with the preferential share under the Bill to enact
The Succession Law Reform Act, 1977 .

Section 6. The section amended provides for resealing in Ontario of
probate or letters of administration granted outside Ontario in Canada or the
British Commonwealth. The amendments remove the distinction made
between wills passing real property and personal property. The criteria for
probating a foreign will is the same for both under section 37 of the Bill to
enact The Succession Law Reform Act, 1977.

t-t-
O
"I

►<

r-f-

K,^

►-1

Si-

r-K

(/>

r-t-

l-^

"-t

C/1

BILL 65

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Surrogate Courts Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 65 1977

An Act to amend The Surrogate Courts Act

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

1. Section 12 of The Surrogate Courts Act, being chapter 451 ofajnended
the Revised Statutes of Ontario, 1970, is amended by adding
thereto the following subsection:

(3) The registrar for The Surrogate Court of the Judicial Surn)^ate
District of York is by virtue of his office the Surrogate Clerk Ontario
for Ontario.

2. Subsection 1 of section 16 of the said Act, as re-enacted by^-ieci).

' -' re-enacted

the Statutes of Ontario, 1971, chapter 59, section 2, is repealed
and the following substituted therefor:

(1) In this section, "holiday" means, de^fln^Y

(a) Saturday;

(6) Sunday;

3. Subsections 3, 4, 5 and 6 of section 34 of the said Act are ^^^^,^1^^;^^^
repealed and the following substituted therefor: Repeated ^^'

(3) In subsection 2, "members of the forces" means a ^^^e^re-
member of a component of the Canadian Forces,

(a) that is referred to in the National Defence Act^-^^'^^^-
(Canada) as a regular force ; or

(6) while placed on active service under the National
Defence Act (Canada).

B.8e,

re-«nacte<l

Evaluation

subsequently

discovered

property

Evaluation
of limited
grant

4. Section 56 of the said Act is rej)ealed and the following sub-
stituted therefor:

B. 60 (2) (o),
re-enacted

5. — (1) Clause a of subsection 2 of section 60 of the said Act,
as enacted by the Statutes of Ontario, 1973, chapter 19,
section 1, is repealed and the following substituted
therefor :

1977. c.

(a) the net value of the estate as computed for the
purposes of section 46 of The Succession Law Reform
Act, 1977 does not exceed $75,000; and

Application
of subs. 1

(2) Subsection 1 does not apply in respect of the administra-
tion of the estate of a person who died before this section
comes into force.

8. 76 (1).
amended

6. — (1) Subsection 1 of section 76 of the said Act is amended by
striking out "as to personal property" in the ninth and
tenth lines.

8. 76 (3),
repealed

Commence-
ment

Idem

(2) Subsection 3 of the said section 76 is repealed.

7. — (1) This Act, except sections 5 and 6, comes into force on
the day it receives Royal Assent.

(2) Sections 5 and 6 come into force on the day The Succession
Law Reform Act, 1977 comes into force.

Short title

8. The short title of this Act is The Surrogate Courts Amendment
Act, 1977.

H
33
W

o o

3 •
(^ H-i
^ p3

3 O

■"I S^

p G

— W

:z:

i-t-

r-fr

<Ui

h^,^

Si-

C/l

•-1

•I

1-1

1— k

»
^

o
^
^

fD
C 3

fD O

§ 3

rt- 3

>
o

BILL 66

Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Education Act, 1974

Mr. Stong

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

This Bill defines "compulsory school age" and "special education",
guarantees every child of compulsory school age a right to an education
and transfers the establishing of sf>ecial education programs from the dis-
cretion to the duty of a school board.

BILL 66 1977

An Act to amend The Education Act, 1974

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

1. Subsection 1 of section 1 of The Education Act, 1974, being iJj^J^Jig^
chapter 109, as amended by the Statutes of Ontario, 1976,
chapter 50, section 1, is further amended by adding thereto
the following paragraphs:

6a. "compulsory school age" includes every child who
attains the age of six years on or before the first school day
in September in any year and continues until he attains
the age of sixteen years;

62a. "special education" means a program which includes
facilities adequate to instruct a child who exhibits a dis-
order in one or more of the basic psychological processes
involved in understanding or using spoken or written
languages.

2. The said Act is amended by adding thereto the following |-^i^^^^
section :

19a. Every child of compulsory school age has a right toRiK^tto
an education. education

3. Section 146 of the said Act, as amended by the Statutes ofl^^^j^^g^j
Ontario, 1976, chapter 50, section 21, is further amended by
adding thereto the following paragraph:

17. establish, subject to the regulations, special edu-^g^^'^Jj^jj
cation programs to provide special education ser-progrrams
vices for children who require such services.

4. Paragraph 40 of subsection 1 of section 147 of the said Act is^^^^^^^^*

repealed. repealed

Commence-

Commence- 5^ jj^jj. ^^^ ^^^^ ^^^^ ^^^^^ ^^^ ^^^ ^^^ j^ receives Royal Assent.

Short title Q jhe short title of this Act is The Education Amendment Act

1977.

C/)
H

o
o

So
a-

Si-

O
o

<-♦■

o
cr

>3 ^ ^

H
n

>
>

o o

a °

r-t- ft)

- 3

— . CI-
4^

BILL 67 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Labour Relations Act

Mr. Stong

TORONTO
Printed by J. G. Thatcher, Queen's Printer for Ontario

Explanatory Note

This Bill defines hospital pharmacists and establishes a bargaining
unit of hospital pharmacists as an appropriate unit for collective bargaining.

BILL 67 1977

An Act to amend The Labour Relations Act

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

1. Subsection 1 of section 1 of The Labour Relations Act, being l^^^^^^^^
chapter 232 of the Revised Statutes of Ontario, 1970, as
amended by the Statutes of Ontario, 1975, chapter 76, section

1 , is further amended by adding thereto the following clause :

{ha) "hospital pharmacist" means an employee who is

licensed as a pharmacist under The Health Dis- 1^'^^, c. 47
ciplines Act, 1974 and employed in a hospital as
defined in The Hospital Labour Disputes A rbitration ^fd^" ^^'°"
^d in a professional capacity.

2. Section 6 of the said Act, as amended by the Statutes of li^'gjjjjg^
Ontario, 1975, chapter 76, section 3, is further amended by
adding thereto the following subsection :

(5) A bargaining unit consisting solely of hospital phar- "hlrmacists
macists shall be deemed by the Board to be a unit of em-
ployees appropriate for collective bargaining, but the Board
may include hospital pharmacists in a bargaining unit with
other employees if the Board is satisfied that a majority
of such hospital pharmacists wish to be included in such
bargaining unit.

3. This Act comes into force on the day it receives Royal Assent, m'e^t"*""*

4. The short title of this Act is The Labour Relations Amendment ^^°^*'^^^^
Act, 1977.

C/)
H

o
z
o

tNO

fc-.

«^

i_^

r-t-

-1

C/5

BILL 68 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Labour Relations Act

Mr. Cassidy

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill is designed to preserve the collective bargaining rights of
employees of a business that is relocated. In addition to continuing bargain-
ing rights and collective agreements after the relocation, the Bill provides
for a sixty day p)eriod from the date of notice of the relocation during
which an employee can choose to continue his employment at the new
location. Once the relocation has taken place, the Ontario Labour Relations
Board has authority to determine whether a new bargaining unit exists.

BILL 68 1977

An Act to amend The Labour Relations Act

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

1. The Labour Relations Act, being chapter 232 of the Revised 1^^^^^^^
• Statutes of Ontario, 1970, is amended by adding thereto the
following section :

55a. — (1) Where an employer relocates his business, or a i^eiocation
part thereof, the employer is bound by determinations, agree-
ments and proceedings made under this Act before the date
of the relocation until the Board otherwise declares, and the
determinations, agreements and proceedings shall continue in
effect as if no change had occurred except that the description
of the bargaining unit contained in the certificate or collective
agreement is deemed to be amended to include the new
location.

(2) An employer shall provide reasonable notice to his continuation
employees of any decision to relocate his business and the employment
employer shall permit an employee affected thereby sixty

days from the date of the notice of relocation to accept
employment at the new location.

(3) An employer is not required to continue the employ- Exception
ment of an employee in accordance with subsection 2 where

the employer no longer requires work of the same nature or
similar skill requirements to work which the employee per-
formed prior to the date of relocation.

(4) Where a business has been relocated, the Board may. Remedial

' "^ powers of

upon the application of any person, trade union or council Board
of trade unions,

(a) determine whether the employees at the new location
constitute a bargaining unit and certify a trade
union or council of trade unions as the bargaining
agent thereof; and

(b) amend, to such extent as the Board considers
necessary, any certificate of a trade union or council
of trade unions issued prior to the relocation.

Commence- 2. This Act comes into force on the day it receives Royal Assent.

Short title 3. The short title of this Act is The Labour Relations Amendment

Act, 1977.

(/>
O

f*-

t\)

»>^

1-1

C/)

Or<a

•-1

(-t-

12-

rt)

C/1

BILL 69 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Labour Relations Act

Mr. Breaugh

TORONTO
Printed bv J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to prevent the hiring of strikebreakers and
to control access to a work premises that is affected by a strike or lock-out.
The Bill prohibits an employer from hiring or using the services of a person
to do the work of an employee who is on strike or locked out unless that
person is specifically authorized to do so. Similarly, when a picket line is
established at a place of access to a work premises, access is limited to persons
specifically authorized by the Bill.

BILL 69 1977

An Act to amend The Labour Relations Act

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

1. The Labour Relations Act, being chapter 232 of the Revised 1^^^^^^^^
Statutes of Ontario, 1970, is amended by adding thereto the
following section:

59a.— (1) In this section, Stf^'"®'

{a) "employer" includes an employers' organization
and a person acting on behalf of an employer or
an employers' organization;

{b) "legal picket line" means a moving formation
of two or more persons belonging to a certified
bargaining unit who by means of signs or posters
give notice that the certified bargaining unit is on
strike or locked out.

(2) No employer shall employ or use the services of any J^lfioyment
person to perform the work of an employee who is exercis-
ing a legal right to strike or who is locked out unless,

(a) the person ordinarily exercises managerial or super-
visory functions and was a full-time employee of
the employer on the day the strike or lock-out
commenced; or

(b) the person is authorized to perform the work by
agreement between the employer and representatives
of the certified bargaining unit that is on strike or

. locked out.

(3) Where a legal picket line is formed in support of a y^^'*^^"'
lawful strike or lock-out at a place of access to a work prem-
ises, no person shall enter the premises unless,

(a) the person ordinarily exercises managerial and
supervisory functions;

(b) the person is a member of a certified bargaining
unit that is not on strike or locked out and is not
engaged in performing the work of an employee
who is on strike or locked out;

(c) the person is a non-union employee who was a
full-time employee of the employer on the day the
strike or lock-out was commenced and is not en-
gaged in performing the work of an employee who
is on strike or locked out ;

{d) the person requires access to the work premises
for the purpose of providing emergency services ;

{e) the person is authorized to enter the work premises
by agreement between the employer and repre-
sentatives of the bargaining unit that is on strike
or locked out.

Duty^of (4) Where a picket line is formed in support of a lawful

officer strike or lock-out at a place of access to a work premises,

it is the duty of every police officer stationed at that place

to ensure that no person other than a person authorized

under subsection 3 enters the work premises.

Trespass (5) ^ person who enters the work premises contrary to

subsection 3 or who, upon gaining entry, performs work
contrary to subsection 2, commits a trespass and is liable

RS.o. 1970. to proceedings under The Petty Trespass Act.

co^^nience- 2. This Act comes into force on the day it receives Royal Assent.

Short title 3, Xhe short title of this Act is The Labour Relations Amendment

Act. 1977.

t»

w
>

c
o

Si.

(-»■

J>>

►1

a
&

c^'

r >
§■>

C o
-t "-♦

o 2

BILL 70 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act respecting the
Occupational Health and Occupational Safety of Workers

The Hon. B. Stephenson
Minister of Labour

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

TABLE OF CONTENTS

Section Page

Interpretation 1 1

Part I : Application 2,3 5

Part II : Administration 4—12 6

Delegation of powers 4 6

Appointment of inspectors and

Directors 5 6

Certificates of appointment 6 6

Joint health and safety committees. . . 7 6

Health and safety representatives. ... 8 8

Workmen's Compensation Board,

statistics on injuries 9 10

Establishment of Advisory Council on
Occupational Health and Occupational

Safety 10 10

Appointment by Minister of committees

or persons to advise 11 11

Levy of assessment upon construction
industry to defray administration ex-
penses 12 11

Part III: Duties of a Constructor, Employer,
Supervisor, Worker, Owner and

Supplier 13-19 12

Constructor's duties 13 12

Employer's duties 14-15 12

Supervisor's duties 16 14

Worker's duties 17 15

Owner's duties and plans of certain

work places 18 16

Supplier's duties 19 17

Section Pagh

Part IV: Toxic Substances 20 17

Part V: Refusal to Work Where Health or

Safety in Danger 21 20

Part VI: Reprisals by Employer Prohibited. ... 22 22

Part VII : Notices 23-25 23

Death, critical injury 23 23

Injury, occupational disease 24 23

Accidents, explosions at a project site

or mine 25 24

Part VIII : Enforcement 26-34 24

Powers of inspector 26 24

Orders by inspector 27 27

Entry to barricaded areas 28 28

Injunctions 29 28

Appeal from inspector's order 30 29

Obstruction of inspector 31 29

Confidentiality, compellabiHty 32 30

Copies of inspector's reports 33 31

Liability of certain persons and the

Crown 34 31

Part IX : Offences and Penalties 35-39 32

Penalties, onus of proof 35 32

Proof of orders, service of documents 36 32

Place of trial 37 33

Limitation on prosecutions 38 33

Section Page

Part X : Regulations 39-42 33

Power to make regulations 39 33

Repeals 40 36

Commencement 41 37

Short title 42 37

Explanatory Note

The purpose of the Bill is to revise and consolidate into one Act, the
Acts dealing with the health and safety of workers at work.

These Acts are :

The Mining Act, R.S.O. 1970, c. 274, Part IX

The Silicosis Act, R.S.O. 1970, c. 438

The Industrial Safety Act, 1971, c. 43

The Construction Safety Act, 1973, c. 47

The Employees' Health and Safety Act, 1976, c. 79

The Bill provides that the application of the Act may be extended
to work places not presently dealt with by regulation.

The Bill provides for the establishment of an Advisory Council on
Occupational Health and Occupational Safety to make recommendations
to and advise the Minister on matters relating to occupational health and
safety.

The Bill further provides for the regulation of the use of and exposure to
substances which may endanger health in a work place, the monitoring
of the levels of such substances in a work place and requiring medical
examinations of workers.

BILL 70 1977

An Act respecting the

Occupational Health and Occupational

Safety of Workers

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

1. In this Act, Kr

1. "committee" means a joint health and safety
committee established under this Act; 1976, c. 79,
s. 1 (a), amended.

2. "competent person" means a person who is selected
by his employer as being qualified because of his,

i. knowledge, training and experience to organize
the work and its performance,

ii. familiarity with the provisions of this Act
and the regulations that apply to the work,
and

iii. knowledge of any potential or actual danger
to health or safety in the work place ; New.

3. "construction" includes erection, alteration, repair,
dismantling, demolition, structural maintenance,
painting, land clearing, earth moving, grading,
excavating, trenching, digging, boring, drilling, blast-
ing, or concreting, the installation of any machinery
or plant, and any work or undertaking in connection
with a project; 1973, c. 47, s. 1 (d), amended.

4. "constructor" means a person or owner who under-
takes a project; 1973, c. 47, s. 1 {e), amended.

5. "Deputy Minister" means the Deputy Minister of
Labour; 1973, c. 47, s. 1 (/).

6. "designated substance" means a biological, chemical
or physical agent or combination thereof prescribed
as a designated substance to which the exposure of a
worker is prohibited, regulated, restricted, limited or
controlled ;

7. "Director" means an inspector who is appointed
under this Act as a Director of the Occupational
Health and Safety Division of the Ministry; 1971,
c. 43, s. 1 {da); 1972, c. 122, s. 1, amended.

8. "employer" means a person who employs one or
more workers and includes, in relation to a part of
a project, a contractor or subcontractor who performs
work on the part of the project and a contractor
or subcontractor who undertakes with an owner,
constructor, contractor or subcontractor to perform
work on the part of the project ; 1971, c. 43, s. 1 {e) ;
1973, c. 47, s. 1 {h), amended.

9. "factory" means,

i. a building or place other than a mine, mining
plant or place where homework is carried on,
where,

A. any manufacturing process or assem-
bhng in connection with the manu-
facturing of any goods or products is
carried on,

B. in preparing, inspecting, manufactur-
ing, finishing, repairing, warehousing,
cleaning or adapting for hire or sale
any substance, article or thing, energy
is,

1. used to work any machinery or
device, or

2. modified in any manner,

C. any work is performed by way of trade
or for the purposes of gain in or in-
cidental to the making of any goods,
substance, article or thing or part
thereof,

D. any work is performed by way of trade
or for the purposes of gain in or in-

cidental to the altering, demolishing,
repairing, maintaining, ornamenting,
finishing, storing, cleaning, washing or
adapting for sale of any goods, sub-
stance, article or thing, or

E. aircraft, locomotives or vehicles used
for private or public transport are
maintained,

ii. a laundry including a laundry operated in
conjunction with,

A. a public or private hospital,

B. a hotel, or

C. a public or private institution for
religious, charitable or educational pur-
poses, and

iii. a logging operation; 1971, c. 43, s. 1 (h),
amended.

10. "health and safety representative" means a health
and safety representative selected under this Act;
1976, c. 79, s. 1 {d), amended.

11. "homework" means the doing of any work in the
manufacture, preparation, improvement, repair,
alteration, assembly or completion of any article or
thing or any part thereof by a person for wages in
premises occupied primarily as living accommoda-
tion; 1971, c. 43, s. 1 {{).

12. "industrial estabHshment" means an office building,
factory, shop or office, and any land, buildings and
structures appertaining thereto; 1971, c. 43, s. 1 {j)\
1974, c. 104, s. 1 [i), amended.

13. "inspector" means an inspector appointed for the
purposes of this Act and includes a Director; 1971,
c. 43, s. 1 {k); 1973, c. 47, s. 1 (»), amended.

14. "logging" means the operation of felling or trimming
trees for commercial or industrial purposes and
includes the measuring, storing, transporting or float-
ing of logs and any such activities for the clearing
of land; 1971. c. 43, s. 1 [kb); 1974, c. 104, s. 1 (2),
amended.

15. "mine" means any work or undertaking for the
purpose of opening up, proving, removing or extract-
ing any metallic or non-metallic mineral or mineral-
bearing substance, rock, earth, clay, sand or gravel;
R.S.O. 1970, c. 274, s. 169 (1) (d). amended.

16. "mining plant" means any roasting or smelting
furnace, concentrator, mill or place used for or in
connection with washing, crushing, grinding, sifting,
reducing, leaching, roasting, smelting, refining, treat-
ing or research on any substance mentioned in para-
graph 15; R.S.O. 1970, c. 274, s. 169 (1) {g), amended.

17. "Minister" means the Minister of Labour; 1971, c. 43,
s. 1 (/); 1973, c. 47, s. 1 (;).

18. "Ministry" means the Ministry of Labour; New.

19. "owner" includes a trustee, receiver, mortgagee in
possession, tenant, lessee, or occupier of any lands
or premises used or to be used as a work place, and
a person who acts for or on behalf of an owner as
his agent or delegate; R.S.O. 1970, c. 274, s. 1, par.
18; 1971, c. 43, s. 1 (n) ; 1973, c. 47, s. 1 (/), amended.

20. "prescribed" means prescribed by a regulation made
under this Act; New.

21. "project" means the construction of a building,
bridge, structure, industrial establishment, mining
plant, shaft, tunnel, caisson, highway, railway,
street, runway, parking lot, cofferdam, conduit,
sewer, watermain, telegraph, telephone or electrical
cable, pif)e line, duct or well, or any combination
thereof, public or private, including mine develop-
ment or any work or undertaking, or any lands or
appurtenances used in connection with construction ;
1973, c. 47, s. 1 (w), amended.

22. "regulations" means the regulations made under this
Act; 1971, c. 43. s. 1 [r); 1973, c. 47, s. 1 {o), amended.

23. "shop" means a building, booth or stall or a part of
such building, booth or stall where goods are handled,
exposed or offered for sale or where services are
offered for sale; 1971, c. 43, s. 1 (s), amended.

24. "supervisor" means a foreman, superintendent or
manager who has charge of a work place or authority
over a worker; New.

25. "trade union" means a trade union as defined in

The Labour Relations Act that has the status of ^IgO- ^^''o.
exclusive bargaining agent under that Act in respect
of any bargaining unit or units in a work place;
1976, c. 79, s. 1 (g), amended.

26. "work place" includes any site, location, space,
water, vehicle, aircraft, equipment, land, building,
shop, structure whether movable or not, mine, min-
ing plant, industrial establishment, project site,
premises and area, public or private, or any part
thereof, at, upon, in or near which a worker per-
forms work; New.

27. "worker" includes a person who is in or on a work
place for any purpose in connection therewith.
1973, c. 47, s. 1 (/), amended.

PART I

APPLICATION

2. — (1) This Act binds the Crown and applies to an APEiic*"on

, . . r 1 /^ '° Crown

employee m the service of the Crown or an agency, board,
commission or corporation that exercises any function
assigned or delegated to it by the Crown. 1971, c. 43, s. 3;
1973, c. 47, s. 2 (1), amended.

(2) Notwithstanding anything in any general or special ^jPpJ^^*"°°
Act, the provisions of this Act and the regulations prevail. Acts
1976, c. 79, s. 11.

3. — (1) This Act applies to, ufwork*^'""

places

(a) a project;

(6) a mine;

{d) an industrial establishment ; and

{e) a work place designated generally or specifically by
regulation.

(2) This Act does not apply to, K'So't'''^

apply

(a) a project being done in person by the owner or
occupants of a private residence in relation to such
residence; and

(6) a work place that is exempted generally or speci-
fically by regulation. 1971, c. 43, s. 2; 1973, c. 47,
ss. 2 (1), 3, amended.

PART II

ADMINISTRATION

Delegation
of powers

Appoint-
ment of
Inspectors
ana
Directors

4. Where under this Act or the regulations any power or
duty is granted to or vested in the Minister or the Deputy
Minister, the Minister or Deputy Minister may in writing
delegate that power or duty from time to time to any officer
or officers of the Ministry subject to such limitations, restric-
tions, conditions and requirements as the Minister or Deputy
Minister may set out in the delegation. New.

5. — (1) Such persons as may be necessary to administer
and enforce this Act and the regulations may be appointed as
inspectors by the Deputy Minister and the Deputy Minister
may designate one or more of the inspectors as a Director or
Directors. 1971, c. 43, s. 6 (1, 2) ; 1973, c. 47, s. 4 {\, 2), amended.

Director
may act as
inspector

Certificate
of appoint-
ment

Production

certificate

(2) A Director may exercise any of the powers or perform
any of the duties of an inspector under this Act or the
regulations. New.

6. — (1) The Deputy Minister shall issue a certificate of
appointment, bearing his signature or a facsimile thereof, to
every inspector.

(2) Every inspector, in the exercise of any of his powers
or duties under this Act, shall produce his certificate of
appointment upon request. 1971, c. 43, s. 7; 1973, c. 47, s. 5,
amended.

Order
establish-
ing joint
health and
safety
committee

What
Minister
shall
consider

7. — (1) The Minister may, by order in writing, require an
employer, a constructor or a group of employers to establish
a joint health and safety committee or committees for a
work place, or any part or parts thereof, and, in the order,
may provide for the qualifications and the term of office of
its members and its practice and procedures, and, from time
to time, may give such directions as the Minister considers
advisable concerning the carrying out of its functions.

(2) In exercising the power conferred by subsection 1 , the
Minister shall consider,

(a) the nature of the work being done ;

(6) the number of workers engaged in the work;

(c) the request of a constructor, an employer, a group
of the workers or the trade union or trade unions
representing the workers in a work place;

(d) the frequency of illness or injury in the work place
or in the industry of which the constructor or
employer is a part;

(e) the existence of health and safety programs and
procedures in the work place and the effectiveness
thereof; and

(/) such other matters as the Minister considers advisable.

(3) A committee shall consist of such number of persons ^°J^^°^^'
as the Minister may prescribe, of whom half shall be workers committee
who do not exercise managerial functions, to be selected by
the workers they are to represent or, where there is a trade
union or trade unions representing such workers, by the trade
union or trade unions.

(4) It is the function of a committee and it has power to, ^°mm?ttee

(a) identify situations that may be a source of danger
or hazard to workers;

(h) make recommendations to the constructor, employer
or group of employers, as the case may be, and the
workers for the improvement of the health and
safety of workers ;

(c) recommend to the constructor, employer or group
of employers, as the case may be, and the workers,
the establishment, maintenance and monitoring of
programs, measures and procedures respecting the
health or safety of workers ; and

(d) obtain information from the constructor or employer
respecting,

(i) the identification of potential or existing
hazards of materials, processes or equipment,
and

(ii) health and safety experience and work prac-
tices and standards in similar or other indus-
tries of which the employer has knowledge.
1976, c. 79, s. 4 (1-4). amended.

Minutes of

firoceed-
ngs

(5) A committee shall maintain and keep minutes of its
proceedings and make the same available for examination
and review by an inspector. New.

Posting of
names and
work
locations

(6) The employer, constructor or group of employers
required by the order of the Minister to establish a committee
pursuant to subsection 1 shall post and keep posted at the
work place the names and work locations of the committee
members in a conspicuous place or places where they are
most likely to come to the attention of the workers.

Meetings

(7) A committee shall meet at least once every three months
at the work place and may be required to meet by order of
the Minister.

Entitle-
ment to
time from
work

(8) A member of a committee is entitled to such time from
his work as is necessary to attend meetings of the com-
mittee and the time so spent shall be deemed to be work time
for which he shall be paid by his employer at his regular or
premium rate as may be proper. 1976, c. 79, s. 4 (5-7),
amended.

Effect of
order on
collective
agreement

(9) Where a committee is established under this Act,
those provisions of a collective agreement providing for the
creation of any committee of like nature are suspended and
any committee formed under the collective agreement shall
be superseded by the committee established under this Act.

Existing

health and

safety

committees

under

collective

agreements

continued

(10) Any committee of Hke nature to a committee that
may be estabhshed under this Act, created under the provisions
of a collective agreement and not superseded by a committee
established under this Act, has, in addition to its functions and
powers under the provisions of the collective agreement, the
functions and powers conferred upon a committee by sub-
section 4.

Existing
rights and
liabilities.
etc.

(11) Subsection 9 does not affect any right, privilege,
obligation or liability acquired, accrued, accruing or incurred
prior to the establishment of a committee under this Act.
New.

Order

api>ointing
health and
safety
representa-
tives

8. — (1) The Minister may, by order in writing, require an
employer, a constructor or a group of employers to cause
the selection of one or more health and safety representatives
for a work place or a part or parts thereof from among the
workers employed at the work place or in the part or parts
thereof who do not exercise managerial functions, and may
provide in the order for the qualifications of such representa-
tive or representatives.

(2) The Minister may from time to time give such direc- ^^^"^
tions as the Minister considers advisable concerning the
carrying out of the functions of a health and safety repre-
sentative. 1976, c. 79, s. 5 (1), amended.

(3) In exercising the power conferred by subsection 1, the ^?^|ter
Minister shall consider the matters set out in subsection 2 of shaii

COI1S1Q6I'

section 7, and in addition thereto, the Minister shall consider
whether a committee has or has not been ordered to be
established. New.

(4) The selection of a health and safety representative selection
shall be made by those workers who do not exercise managerial representa-
functions and who will be represented by the health and safety
representative in the work place, or the part or parts thereof,

as the case may be, or, where there is a trade union or trade
unions representing such workers, by the trade union or trade
unions.

(5) A health and safety representative may inspect the fe°JJ[|g|nta-
work place or the part or parts thereof for which he has been tive
selected, as the case may be, not more often than once a

month or at such intervals as a Director may direct, and it is
the duty of the employer and the workers to afford the health
and safety representative such information and assistance as
may be required for the purpose of carrying out the inspection.

(6) A health and safety representative has power to wem
identify situations that may be a source of danger or hazard

to workers and to make recommendations or report his
findings thereon to the employer, workers, a trade union or
trade unions representing workers and a joint health and safety
committee, if any.

(7) Where a person is killed or critically injured at a work ac°cident'
place from any cause, the health and safety representative may, inspection

r J ' J r J ' jjy i-epre-

subject to subsection 2 of section 23, inspect the place where sentative
the accident occurred and any machine, device or thing, and
shall report his findings in writing to a Director and a
committee, if any.

(8) A health and safety representative is entitled to take ^°ntt®'
such time from his work as is necessary to carry out his time from
duties under subsections 5 and 7 and the time so spent shall

be deemed to be work time for which he shall be paid by his
employer at his regular or premium rate as may be proper.
1976, c. 79, s. 5 (2-6), amended.

(9) Where one or more health and safety representatives ^^fectwe
are selected under this Act, those provisions of a collective agrreement

agreement providing for the appointment of a health and
safety representative or representatives of hke nature are
suspended, and a health and safety representative or
representatives appointed under the collective agreement
shall be superseded by the health and safety representative
or representatives selected under this Act.

Existing
rights and
liabilities,
etc.

(10) Subsection 9 does not affect any right, privilege,
obligation or liability acquired, accrued, accruing or incurred
prior to the selection of a health and safety representative or
representatives under this Act.

Additional
power of
existing
health and
safety
representa-
tive

(11) A health and safety representative or representatives
of like nature appointed or selected under the provisions of a
collective agreement and not superseded by a health and
safety representative selected under this Act has, in addition
to his functions and powers under the provisions of the collective
agreement, the functions and powers conferred upon a health
and safety representative by subsections 5, 6 and 7. New.

Summary
to be
furnished

9. — (1) The Workmen's Compensation Board, upon the
request of an employer, a worker or a trade union, shall
send to the employer, worker or trade union an annual
summary of data relating to the employer in respect of the
number of work accident fatalities, the number of lost
workday cases, the number of lost workdays, the number of non-
fatal cases that required medical aid without lost workdays,
the number of occupational illnesses, the number of occupa-
pational injuries, and such other data as the Board may con-
sider necessary or advisable.

Posting of
copy of
summary

(2) Upon receipt of the annual summary, the employer
shall cause a copy thereof to be posted in a conspicuous
place or places at the work place where it is most likely to
come to the attention of the workers. 1976, c. 79, s. 8,
amended.

Advisory
Council on
Occupa-
tional
Health and
Occupa-
tional
Safety

10. — (1) There shall be a council to be known as the
Advisory Council on Occupational Health and Occupational
Safety composed of not fewer than twelve and not more than
twenty members appointed by the Lieutenant Governor in
Council on the recommendation of the Minister.

Term of
office of
members

(2) The members of the Advisory Council shall be appointed
for such term as the Lieutenant Governor in Council deter-
mines and shall be representative of management, labour
and technical or professional f)ersons and the public who are
concerned with and have knowledge of occupational health
and occupational safety.

(3) The Lieutenant Governor in Council shall designate a ^^^!j"i^*°
chairman and a vice-chairman of the Advisory Council from chairman
among the members appointed.

(4) The Lieutenant Governor in Council may fill any vacancies
vacancy that occurs in the membership of the Advisory
Council.

(5) The remuneration and expenses of the members of the fionand'^*
Advisory Council shall be determined by the Lieutenant expenses
Governor in Council and shall be paid out of the moneys
appropriated therefor by the Legislature.

(6) The Advisory Council, with the approval of the Minister, Advfs^ry^
may make rules and pass resolutions governing its procedure, council
including the calling of meetings, the establishment of a
quorum, and the conduct of meetings.

(7) The function of the Advisory Council is and it has ^^^^
p)Ower,

(a) to make recommendations to the Minister relating to
programs of the Ministry in occupational health and
occupational safety ; and

{b) to advise the Minister on matters relating to
occupational health and occupational safety which
may be brought to its attention or be referred to it.

New.

11. — (1) The Minister may appoint committees, which Advisory

^ ' -^ *^*^ ' committees

are not committees as defined in paragraph 1 of section 1, or
persons to assist or advise the Minister on any matter arising
under this Act or to inquire into and report to the Minister on
any matter that the Minister considers advisable.

(2) Any person appointed under subsection 1 who is not an ^onand"^*
officer in the public service of the Province of Ontario may expenses
be paid such remuneration and expenses as may be from time
to time fixed by the Lieutenant Governor in Council. New.

12. — (1) The Lieutenant Governor in Council may, upon ^"^e^ay"*^
the recommendation of the Minister, fix an amount that expenses
shall be assessed and levied by the Workmen's Compensation
Board upon the employers in Schedule 1 under The Work- f^^ ^^'°"
men's Compensation Ad engaged in projects, excluding mine
development, or the construction of a mining plant, to defray
the expenses of the administration of this Act and the
regulations.

Method of
collection

R.8.0. 1970,
C.505

(2) The Workmen's Compensation Board shall add to the
assessment and levy made under The Workmen's Compensation
Act upon each employer in Schedule 1 under that Act
engaged in projects, excluding mine development, or the
construction of a mining plant, a sum which shall be cal-
culated as a percentage of the said assessment and levy and
which percentage shall be determined as the proportion that
the amount fixed under subsection 1 bears to the total sum
that the Workmen's Compensation Board fixes and deter-
mines to be assessed for payment by all employers in the said
Schedule 1 engaged in projects, excluding mine development,
or the construction of a mining plant, and The Workmen's
Compensation Act applies to such sum and to the collection
and payment thereof in the same manner as to an assessment
and levy made under that Act.

Idem

(3) The Workmen's Compensation Board shall collect the
assessment and levy imposed under this section and shall pay
the amounts so collected to the Treasurer of Ontario. 1973,
c. 47, s. 29, amended.

Duties of
constructor

PART III

DUTIES OF A CONSTRUCTOR, EMPLOYER, SUPERVISOR,
WORKER, OWNER AND SUPPLIER

13. — (1) A constructor shall ensure that,

(a) the measures and procedures required by this Act
and the regulations are carried out on a project
undertaken by the constructor; and

{h) every employer and every worker performing work
on a project undertaken by the constructor complies
with this Act and the regulations. 1973, c. 47,
s. 14 (3), amended.

Notice of
project

(2) Where so prescribed, a constructor shall, before com-
mencing any work on a project, give to a Director notice in
writing of the project containing such information as may
be prescribed. New.

Duties of
employer

14. — (1) An employer shall ensure that,

(a) the equipment, materials and protective devices as
prescribed are provided ;

{h) the equipment, materials and protective devices
provided by him are,

(i) maintained in good condition, and
(ii) used as prescribed ;

(d) a floor, roof, wall, pillar, support or other part of a
work place is capable of supporting all loads to which
it may be subjected without causing the materials
therein to be stressed beyond the allowable unit
stresses established under The Building Code Act, 19^4, c. 74
1974.

(2) Without limiting the strict duty imposed by sub- ^u^^^Jq?*^
section 1 , an employer shall, employer

(a) provide information, instruction and supervision to
a worker to protect the health or safety of the worker ;

(6) appoint one or more competent persons to be a
supervisor or supervisors ;

(c) acquaint a worker or a person in authority over a
worker with any hazard in the work and in the
handling, storage, use, disposal and transport of any
article, device, equipment or a biological, chemical or
physical agent ;

{d) afford assistance and co-operation to a committee
and a health and safety representative in the carrying
out by the committee and the health and safety
representative of any of their functions ;

(e) only employ in or about a work place a person over
such age as may be prescribed ;

(/) not knowingly permit a person who is under such
age as may be prescribed to be in or about a work
place; and

(g) take every precaution reasonable in the circum-
stances for the protection of a worker.

(3) For the purposes of clause b of subsection 2, an employer i**®*"
may appoint himself as a supervisor where the employer is
qualified because he has the qualifications set out in sub-
paragraphs i, ii and iii of paragraph 2 of section 1. 1971,

c. 43, ss. 24 (1-3), />ar/, 28 (1, 2); 1973,c. 47,s. 17 {\, 2), amended.

w®"" 15. In addition to the duties imposed by section 14, an

employer shall,

(a) establish an occupational health service for workers
at a work place as prescribed ;

{b) where an occupational health service is estab-
lished as prescribed, maintain the same according
to the standards prescribed;

(c) keep and maintain accurate records of the hand-
ling, storage, use and disposal of biological, chemical
or physical agents as prescribed;

{d) accurately keep and maintain such records of the
exposure of a worker to biological, chemical or
physical agents as may be prescribed;

{e) notify a Director of the use or introduction into
a work place of such biological, chemical or physical
agents as may be prescribed;

(/) monitor at such time or times or at such interval
or intervals the levels of biological, chemical or
physical agents in a work place and keep accurate
records thereof as prescribed;

ig) comply with a standard limiting the exposure of
a worker to biological, chemical or physical agents
as prescribed;

{h) where so prescribed, only permit a worker to work
or be in a work place who has undergone such
medical examinations, tests or x-rays as prescribed
and who is found to be physically fit to do the
work in the work place; and

(i) where so prescribed, provide a worker with written
instructions as to the measures and procedures to be
taken for the protection of a worker. New.

suM^sor 16.— (1) A supervisor shall ensure that a worker,

(a) works in the manner and with the protective
devices, measures and procedures required by this
Act and the regulations; and

(b) uses or wears the equipment, protective devices
or clothing that his employer requires to be used
or worn.

(2) Without limiting the strict duty imposed by sub- ^^^1^^°^^^
section 1, a supervisor shall, supervisor

(a) advise a worker of the existence of any potential .
or actual danger to the health or safety of the
worker of which the supervisor is aware ;

{b) where so prescribed, provide a worker with written
instructions as to the measures and procedures to
be taken for protection of the worker ; and

(c) take every precaution reasonable in the circum-
stances for the protection of a worker. R.S.O.
1970, c. 274, s. 177(6); 1971, c. 43, s. 26; 1973,
c. 47, s. 17 (1, 3), amended.

17. — { 1 ) A worker shall , Duties of

^ ' workers

(a) work in compliance with the provisions of this Act
and the regulations;

(6) use or wear the equipment, protective devices or
clothing that his employer requires to be used or
worn;

(c) report to his employer or supervisor the absence
of or defect in any equipment or protective device
of which he is aware and which may endanger him-
self or another worker;

{d) report to his employer or supervisor any con-
travention of this Act or the regulations or the
existence of any hazard of which he knows ; and

(e) where so prescribed, have, at the expense of the
employer, such medical examinations, tests or x-
rays, at- such time or times and at such place or
places as prescribed.

(2) No worker shall, ^<*«'"

{a) remove or make ineffective any protective device
required by the regulations or by his employer,
without providing an adequate temporary protective
device ;

(6) use or operate any equipment, machine, device or
thing or work in a manner that may endanger
himself or any other worker ; or

(c) engage in any prank, contest, feat of strength,
unnecessary running or rough and boisterous con-
duct. 1971. c. 43, ss. 27, 29. 31 (3); 1973, c. 47,
ss. 18, 19, 20, amended.

?w"ere°^ 18. — (1) The owner of a work place that is not a project

shall,

(a) ensure that,

(i) such facilities as may be prescribed are
provided,

(ii) any facilities prescribed to be provided are
maintained as prescribed,

(iii) the work place complies with the regu-
lations, and

(iv) no work place is constructed, developed,
reconstructed, altered or added to except in
compliance with this Act and the regulations ;
and

{h) where so prescribed, furnish to a Director any
drawings, plans or specifications of any work place
as prescribed. 1971, c. 43, s. 22.

*JJ^ (2) The owner of a mine shall cause drawings, plans or

specifications to be maintained and kept up to a date not
more than six months last past on such scale and showing
such matters or things as may be prescribed. R.S.O. 1970,
c. 274, s. 617, amended.

Plans of (3) Where so prescribed, an owner or employer shall,

places

(a) not begin any construction, development, recon-
struction, alteration, addition or installation to or
in a work place until the drawings, layout and
specifications thereof and any alterations thereto
have been filed with the Ministry for review by an
engineer for compliance with this Act and the
regulations, and the same have been reviewed for
such compliance ; and

{b) keep a copy of the drawings as reviewed in a con-
venient location at or near the work place and
such drawings shall be produced by the owner or
employer upon the request of an inspector for his
examination and inspection. 1971, c. 43, s. 17 (1,5),
amended.

(4) An engineer may require the drawings, layout and ^"foJ-^a^*^
specifications to be supplemented by the owner or employer tion
with additional information. 1971, c. 43, s. 17 (3) (b),
amended.

(5) Fees as prescribed for the filing and review of draw- ^®®8
ings, layout or specifications shall become due and payable

by the owner or employer upon filing. 1971, c. 43, s. 17 (6),
amended.

(6) In subsections 3 and 4 and. in section 34 "engineer" [^^fog""®'
means a person employed by the Ministry who is registered

as a professional engineer or licenced as a professional
engineer under The Professional Engineers Act. New. ^'^'^^^'

19. Every person who supplies any machine, device, tool ^JLpffera
or equipment under any rental, leasing or similar arrange-
ment for use in or about a work place shall ensure,

(a) that the machine, device, tool or equipment is in
good condition;

{h) that the machine, device, tool or equipment com-
plies with this Act and the regulations; and

(c) if it is his responsibility under the rental, leasing
or similar arrangement to do so, that the machine,
device, tool or equipment is maintained in good
condition. 1971, c. 43, s. 30; 1973, c. 47, s. 24 (2).
amended.

PART IV

TOXIC SUBSTANCES

20. — (1) Where a biological, chemical or physical agent d^|^o°/
or combination of such agents used or intended to be used
in the work place, their presence in the work place or the
manner of use is in the opinion of a Director likely to en-
danger the health of a worker, the Director may by notice
in writing to the employer order that the use, intended
use, presence or manner of use be,

(a) prohibited;

(h) limited or restricted in such manner as the Director
specifies; or

(c) subject to such conditions regarding administrative
control, work practices, engineering control and time
limits for compliance as the Director specifies.

Contents of
order

(2) Where a Director makes an order to an employer under
subsection 1, the order shall,

(a) identify the biological, chemical or physical agent,
or combination of such agents, and the manner of
use that is the subject-matter of the order; and

(b) state the opinion of the Director as to the likeli-
hood of the danger to the health of a worker, and
his reasons in respect thereof, including the matters
or causes which give rise to his opinion.

Postinerof (3) The employer shall cause a copy of an order made

under subsection 1 to be posted in a conspicuous place in
the work place where it is most likely to come to the attention
of the workers who may be affected by the use, presence or
intended use of the biological, chemical or physical agent
or combination of agents.

Appeal to
Minister

(4) Where the employer, a worker or a trade union con-
siders that he or it is aggrieved by an order made under
subsection 1, the employer, worker or trade union may by
notice in writing given within fourteen days of the making of
the order appeal to the Minister.

Delegation

(5) The Minister may, having regard to the circum-
stances, direct that an appeal under subsection 4 be deter-
mined on his behalf by a person appointed by him for that
purpose.

Procedure

R.S.0. 1970.
c232

(6) The Minister or, where a person has been appointed
under subsection 5, the person so appointed, may give such
directions and issue such orders as he considers proper or
necessary concerning the procedures to be adopted or
followed and shall have all the powers of a chairman of a
board of arbitration under subsection 7 of section 37 of The
Labour Relations Act.

Substitu-
tion of
findings

(7) On an appeal, the Minister or, where a person has
been appointed under subsection 5, the person so appointed,
may substitute his findings for those of the Director and
may rescind or affirm the order appealed from or make a
new order in substitution therefor and such order shall stand

in the place of and have the Uke effect under this Act and
the regulations as the order of the Director, and such order
shall be final and not subject to appeal under this section.

(8) In making a decision or order under subsection 1 or ^%"®^^
subsection 7, a Director, the Minister, or, where a person considered
has been appointed under subsection 5, the person so ap-
pointed, shall consider as relevant factors,

(a) the relation of the agent, combination of agents
or by-product to a biological or chemical agent
that is known to be a danger to health;

{b) the quantities of the agent, combination of agents
or by-product used or intended to be used or
present ;

{d) the availability of other processes, agents or equip-
ment for use or intended use ;

(e) data regarding the effect of the process or agent
on health; and

(/) any criteria or guide with respect to the exposure
of a worker to a biological, chemical or physical
agent or combination of such agents that are adopted
by a regulation related to exposure to a toxic or
potentially toxic substance.

(9) On an appeal under subsection 4, the Minister or, o"o?der*by°
where a person has been appointed under subsection 5, Minister,
the f)erson so appointed, may suspend the operation of the pending
order appealed from pending the disposition of the appeal. of appeal

(10) A person appointed under subsection 5 shall be paid fjo^o?*''*'
remuneration and expenses at the same rate as is payable appointee
to a chairman of a conciliation board under The Labour J^?^^°-
Relations Act.

(11) This section does not apply to designated sub- fi^^''*'*"
stances.

(12) A Director is not required to hold or afford to an J^g^JfrYd"^
employer or any other person an opportunity for a hearing prforto
before making an order under subsection 1. New. order

Duty to
report
unsafe
conditions

20
PART V

REFUSAL TO WORK WHERE HEALTH
OR SAFETY IN DANGER

21. — (1) Where a worker has cause to believe that,

(a) any equipment, machine, device or thing he is to
use or operate is,

(i) in contravention of this Act or the regu-
lations, and

(ii) is likely to endanger himself or another
worker; or

(b) the work place or the part thereof in which he is
to work is,

(i) in contravention of this Act or the regu-
lations, and

(ii) likely to endanger himself,

the worker shall, before using or operating or continuing
to use or operate the equipment, machine, device or thing,
or working in the work place, report the same to his super-
visor who shall investigate the matter and the worker shall
remain in a safe place near his work station during the
investigation. 1971, c. 43, s. 31 (1. 2); 1976, c. 79, s. 5 (1),
amended.

Dispute of
super-
visor's
report

(2) Where upon the investigation the worker disputes
the direction or finding of the supervisor, the supervisor
shall cause the same to be further investigated in the presence
of the worker and if there is such, in the presence of one of,

(a) a health and safety representative, if any;

(6) a committee member who represents workers, if
any; or

(c) a worker, who because of his knowledge, experi-
ence and training, is selected by a trade union
that represents the worker, or if there is no trade
union, is selected by the workers to represent them,

and who is reasonably available and in the presence of the
employer or a person other than the supervisor representing
the employer.

(3) Where upon an investigation the employer or the ^^^(f*^
person representing the employer disputes the report of the
worker or takes steps to deal with the circumstances that
caused the worker to make the report, the worker may refuse

to work where the worker has reasonable grounds to believe
that the equipment, machine, device or thing the worker is
to use or operate or the work place in which the worker is
to work comes within clause a or 6 of subsection 1.

(4) Where a worker refuses to work pursuant to sub- refusaito
section 3, the employer shall immediately cause an in- ^^^^
sjjector to be notified thereof.

(5) The worker who refuses to work pursuant to sub- ^^^^
section 3 or, if there is such, the person mentioned in clause

a, b or c of subsection 2, may cause an inspector to be notified
of the refusal to work.

(6) An inspector shall investigate the refusal to work in ^?Jnby^*
the presence of the employer or a person representing the inspector
employer, the worker, and if there is such, the person
mentioned in clause a, 6 or c of subsection 2.

(7) The inspector shall, following the investigation referred j^g^ctor"^
to in subsection 6, decide whether the machine, device,

thing or the work place or part thereof is in contravention
of this Act or the regulations and is likely to endanger the
worker or another worker. 1976, c. 79, s. 3 (2-4), amended.

(8) The inspector shall give his decision, in writing, to wem
the employer, the worker, and, if there is such, the person
mentioned in clause a, b or c of subsection 2.

(9) Pending the investigation and decision of the inspector, worker to
the worker shall remain at a safe place near his work station safepiace
during his normal working hours unless the employer, sub- Slcision
ject to the provisions of a collective agreement, if any,

{a) assigns the worker reasonable alternative work
during such hours; or

{b) where an assignment of reasonable alternative work
is not practicable, gives other directions to the
worker.

(10) The time spent by a person mentioned in clause a, ^"ntto

6 or c of subsection 2 in accompanying an inspector during timefrom
his investigation, shall be deemed to be work time for which
the person shall be paid by his employer at his regular or
premium rate as may be proper.

Refusal to

work

without

reasonable

grounds

(11) A worker who without reasonable grounds exercises
a right conferred by this section may be subject to such
discipline as his employer may impose under the terms or
conditions of employment that apply to the worker. New.

discipline,
dismissal,
etc., by
employer

Arbitra-
tion

Inquiry

by Ontario

Labour

Relations

Board

R.S.0. 1970,

0.232

Idem

OnoBof
proof

PART VI

REPRISALS BY EMPLOYER PROHIBITED

22. — (1) No employer shall,

(a) dismiss or threaten to dismiss a worker;

(b) discipline or suspend or threaten to discipline or
suspend a worker;

{d) intimidate or coerce a worker,

because the worker has acted in compliance with this Act
or the regulations or an order made thereunder or has sought
the enforcement of this Act or the regulations. 1971, c. 43,
s. 24 (5); 1973, c. 47. s. 17 (4); 1976, c. 79, s. 9 (1), amended.

(2) Where a worker complains that an employer has
contravened subsection 1, the worker may either have
the matter dealt with by final and binding settlement by
arbitration under a collective agreement, if any, or file a
complaint with the Ontario Labour Relations Board in
which case any regulations governing the practice and pro-
cedure of the Board apply, with all necessary modifications,
to the complaint.

(3) The Ontario Labour Relations Board may inquire
into any complaint filed under subsection 2, and section 79
of The Labour Relations Act, except subsection 4a, applies
with all necessary modifications, as if such section, except
subsection 4a, is enacted in and forms part of this Act.

(4) On an inquiry by the Ontario Labour Relations Board
into a complaint filed under subsection 2, sections 91, 92,
95, 97 and 98 of The Labour Relations Act apply, with all
necessary modifications.

(5) On an inquiry by the Ontario Labour Relations
Board into a complaint filed under subsection 2, the burden
of proof that an employer did not act contrary to subsection
1 lies uf>on the employer. 1976, c. 79, s. 9 (2-5), amended.

(6) The Ontario Labour Relations Board shall exercise ^j^^^^g^
iurisdiction under this section on a complaint by a Crown complaint

J . by Crown

employee that the Crown has contravened subsection 1. employee
New.

PART VII

NOTICES

23. — (1) Where a person is killed or critically injured ^e^athOT^
from any cause at a work place, the constructor, if any, injury
and the employer shall notify an inspector and a health and
safety representative, if any, immediately of the occurrence
by telephone, telegram or other direct means and the
employer shall, within forty-eight hours after the occurrence,
send to a Director a written report of the circumstances
of the occurrence containing such information .and parti-
culars as the regulations may prescribe.

(2) Where a person is killed or is critically injured at a ^o®ifof^*"
work place no person shall, except for the purpose of, wreckage

(a) saving life or reheving human suffering;

{h) maintaining an essential public utility service or a
public transportation system; or

interfere with, disturb, destroy, alter or carry away any
wreckage, article or thing at the scene of or connected with
the occurrence until permission so to do has been given by an
inspector. R.S.O. 1970, c. 274, s. 612; 1971, c. 43, s. 33;
1973, c. 47, s. 25, amended.

24. — (1) Where an accident, explosion or fire causes ^^^j'^j^ln^/
injury to a person at a work place whereby he is disabled explosion
from jjerforming his usual work or requires medical attention, causing
and such occurrence does not cause death or critical injury *°-'"'"y
to any person, the employer shall give notice in writing,
within four days of the occurrence, to a Director containing
such information and particulars as may be prescribed.
R.S.O 1970. c. 274. s. 613; 1971, c. 43, s. 34; 1973, c. 47.
s. 30. amended.

(2) Where an employer is advised by a worker or by a o°cupa-°'
person on behalf of the worker that the worker has an tionai

■ disease

occupational disease, the employer shall give notice in
writing, within four days of being so advised, to a Director

Idem

Accidents,
explosions,
etc.. at a
project site
or mine

containing such information and particulars as may be
prescribed. 1971, c. 43, s. 34; part, amended.

(3) Subsection 2 applies, with all necessary modifications,
where an employer is advised by a former worker of the
employer or a person on behalf of such worker, that such
worker has or had an occupational disease. New.

25. Where a notice or report is not required under
section 23 or 24 and an accident, premature or unexpected
explosion, fire, flood or inrush of water, failure of any equip-
ment, machine, device, article or thing, cave-in, subsidence,
rockburst, or other incident as prescribed occurs at a project
site, mine or mining plant, notice in writing of the occurrence
shall be given to a Director by the constructor of the project
or the owner of the mine or mining plant, within two days
of the occurrence containing such information and parti-
culars as may be prescribed. R.S.O. 1970, c. 274, s. 614,
amended.

PART VIII

ENFORCEMENT

Powers o^f 26. — (1) An inspector may, for the purposes of carrying

out his duties and powers under this Act and the regu-
lations.

[a) subject to subsection 2, enter in or upon any work
place at any time without warrant or notice;

{b) take up or use any machine, device, article, thing,
material or biological, chemical or physical agent
or part thereof;

(c) require the production of any drawings, specifi-
cations, licence, document, record or report, and
inspect, examine and copy the same;

{d) upon giving a receipt therefor, remove any draw-
ings, specifications, licence, document, record or
report inspected or examined for the purpose of
making copies thereof or extracts therefrom, and
upon making copies thereof or extracts therefrom,
shall promptly return the same to the person who
produced or furnished them ;

{e) conduct or take tests of any equipment, machine,
device, article, thing, material or biological, chemical
or physical agent in or about a work place and for

such purposes, take and carry away such samples
as may be necessary;

(/) in any inspection, examination, inquiry or test,
be accompanied and assisted by or take with him
any person or persons having special, expert or
professional knowledge of any matter, take photo-
graphs, and take with him and use any equipment
or materials required for such purpose ;

{g) make inquiries of any person who is or was in a
work place either separate and apart from another
person or in the presence of any other person that
are or may be relevant to an inspection, examination,
inquiry or test;

(A) require that a work place or part thereof not be
disturbed for a reasonable period of time for the
purposes of carrying out an examination, investi-
gation or test ;

(i) require that any equipment, machine, device, article,
thing or process be operated or set in motion or
that a system or procedure be carried out that may
be relevant to an examination, inquiry or test ;

(_;') require in writing an owner, constructor or em-
ployer to provide, at the expense of the owner,
constructor or employer, a report bearing the seal
and signature of a professional engineer stating,

(i) the load limits of a floor, roof or temporary
work or part of a building, structure or
temporary work,

(ii) that a floor, roof or temporary work is
capable of supporting or withstanding the
loads being applied to it or likely to be applied
to it, or

(iii) that a floor, roof or temporary work, or
part of a building, structure or temporary
work is capable of supporting or withstanding
all loads to which it may be subject without
exceeding the allowable unit stresses for the
materials used as provided under The Build- i974.c.74
ing Code Act, 1974,

(k) require in writing an owner of a mine or part thereof
to provide, at his expense, a report in writing

bearing the seal and signature of a professional
engineer stating that the support, stability or rock
mechanics of the mine or part thereof is such that
a worker is not likely to be endangered ; and
R.S.O. 1970, c. 274, s. 618 (1) (a, 6); 1971, c. 43
s. 8 (1); 1973, c. 47, s. 6 (1), amended.

(/) require in writing an employer to produce any
record or information, or to provide, at the ex-
pense of the employer, a report or assessment made
or to be made by a person possessing such special,
expert or professional knowledge or qualifications
as are specified by the inspector of any process or
biological, chemical or physical agents or com-
bination of such agents used or intended to be used
in a work place, and the manner of use including,

(i) the ingredients thereof and their common or
generic name or names,

(ii) the composition and the properties thereof,

(iii) the toxicological effect thereof,

(iv) the effect of exposure thereto whether by
contact, inhalation or ingestion,

(v) the protective measures used or to be used
in respect thereof,

(vi) the emergency measures used or to be used
to deal with exposure in respect thereof, and

(vii) the effect of the use, transport and disposal
thereof. New.

dweifinKs (^) ^^ inspector shall only enter a work place or that

part of a work place actually being used as a dwelling with
the consent of the occupier or under the authority of a

^•S^i^o. search warrant issued under section 16 of The Summary
Convictions Act. 1971, c. 43, s. 8 (4); 1973, c. 47, s. 6 (4).

Motativeto (■^) ^^ere an inspector makes an inspection of a work

accompany place Under the powers conferred upon him under sub-
inspector r r r

section 1, the constructor, employer or group of employers

shall allow a health and safety representative, if any, or a
worker selected by a trade union or trade unions, if any,
because of his knowledge, experience and training, to repre-
sent it or them and, where there is no trade union, a worker
selected by the workers because of his knowledge, training

and experience to represent them, the opportunity to ac-
company the inspector during his physical inspection of a
work place, or any part or parts thereof.

(4) Where there is no health and safety representative P°°^"?^?"
or worker selected under subsection 3, the inspector shall workers
endeavour to consult during his physical inspection with a
reasonable number of the workers concerning matters of
health and safety at their work.

(5) The time spent by a health and safety representative Entitie-
or a worker selected in accordance with subsection 3 in time from
accompanying an inspector during his physical inspection, ^°^
shall be deemed to be work time for which he shall be paid

by his employer at his regular or premium rate as may be
proper. 1976, c. 79, s. 6 (1-3), amended.

27. — (1) Where an inspector finds that a provision of [Jfgp^eaors
this Act or the regulations is being contravened, he may where non-

,, . ° . . , , -^ compliance

order, orally or m writmg, the owner, constructor, employer,
or person whom he believes to be in charge of a work place
or the person whom he believes to be the contravener to
comply with the provision and may require the order to be
carried out forthwith or within such period of time as the
inspector specifies. R.S.O. 1970, c. 274, s. 618(1). (c) ;
1971, c. 43, s. 10 (1); 1973, c. 47, s. 11 (1), amended.

(2) Where an inspector makes an oral order under sub- 1**®™
section 1, he shall confirm the order in writing before leaving
the work place. 1971, c. 43, s. 10 (2), amended.

(3) An order made under subsection 1 shall indicate ^^^J^g*®'^'^^ °^
generally the nature of the contravention and where ap-
propriate the location of the contravention. 1973, c. 47,

s. 11.(2), amended.

(4) Where an insf)ector makes an order under subsection 1 i^g^^tor
and finds that the contravention of this Act or the regu- where

, . . , , , 11.1 r r worker en-

lations IS a danger or hazard to the health or safety of a dangered
worker he may,

(a) order that any place, equipment, machine, device,
article or thing or any process or material shall not
be used until the order is complied with ;

{h) order that work at the work place as indicated
in the order shall stop until the order is complied
with, or until the order to stop work is withdrawn
or cancelled by an inspector;

(c) order that the work place where the contravention
exists be cleared of workers and isolated by bar-
ricades, fencing or any other means suitable to
prevent access thereto by a worker until the danger
or hazard to the health or safety of a worker is
removed. 1971, c. 43, s. 10 (3), amended; 1973,
c. 47, s. 11 (3, 4), amended.

Posting of
notloe

(5) Where an inspector makes an order under this section,
he may affix to the work place, or to any equipment, machine,
device, article or thing, a copy thereof or a notice in the
prescribed form and no person, except an inspector, shall
remove such copy or notice unless authorized to do so by an
inspector. 1971, c. 43, s. 10(4); 1973, c. 47, s. 11(6),
amended.

Idem

No hearing
required
prior to
making
order

(6) Where an inspector makes an order in writing or issues
a report of his inspection to an owner, constructor, em-
ployer or person in charge of the work place, the owner,
constructor, employer or person in charge of the work place
shall forthwith cause a copy or copies thereof to be posted
in a conspicuous place or places at the work place where it is
most likely to come to the attention of the workers and
shall furnish a copy of such order or report to the health and
safety representative and the committee, if any, and the
inspector shall cause a copy thereof to be furnished to a
person who has complained of a contravention of this Act
or the regulations. 1976, c. 79, s. 7, amended.

(7) An inspector is not required to hold or afford to an
owner, constructor, employer or any other person an op-
portunity for a hearing before making an order. New.

Entry into
barricaded
area

28. Where an order is made under clause c of subsection
4 of section 27, no owner, constructor, employer or supervisor
shall require or permit a worker to enter the work place
except for the purpose of doing work that is necessary or
required to remove the danger or hazard and only where
the worker is protected from the danger or hazard. 1973,
c. 47, s. 11 (4), part.

Injunction
proceed-
ings

29. In addition to any other remedy or penalty therefor,
where an order made under subsection 4 of section 27 is
contravened, such contravention may be restrained upon an
ex parte application to the Supreme Court made at the
instance of a Director. 1973, c. 47, s. 13 (2), amended.

Appeals
from order
of an
inspector

30. — (1) Any employer, constructor, owner, worker or
trade union which considers himself or itself aggrieved by

any order made by an inspector under this Act or the regu-
lations may, within fourteen days of the making thereof,
appeal to a Director who shall hear and dispose of the appeal
as promptly as is practicable.

(2) An appeal to a Director may be made in writing Method
or orally or by telephone, but the Director may require

the grounds for appeal to be specified in writing before the
appeal is heard.

(3) The appellant, the inspector from whom the appeal Parties
is taken and such other persons as a Director may specify

are parties to an appeal under this section.

(4) On an appeal under this section, a Director may sub- o°^®^^
stitute his findings for those of the inspector who made the Director
order appealed from and may rescind or affirm the order or
make a new order in substitution therefor, and for such
purpose has all the powers of an inspector and the order of

the Director shall stand in the place of and have the like
effect under this Act and the regulations as the order of the
inspector.

(5) In this section, an order of an inspector under this order

* 1 1 • • 1 1 , , • • 1 extended

Act or the regulations mcludes any order or decision made meaning
or given or the imposition of any terms or conditions therein
by an inspector under the authority of this Act or the regu-
lations or the refusal to make an order or decision by an
inspector.

(6) A decision of the Director under this section is final, ofrector"^
1971. c. 43, s. 11; 1973, c. 47, s. 12, amended. final

(7) On an appeal under subsection 1, a Director rn^y ^uspension
suspend the operation of the order appealed from pending Director

the 4isposition of the appeal. disposition

of appeal

(8) This section does not apply to the order of a Director ^j^^"'^*"
made under section 20. New.

31. — (1) No person shall hinder, obstruct, molest or 0^^*-^^-
interfere with or attempt to hinder, obstruct, molest or inspector
interfere with an inspector in the exercise of a power or the
performance of a duty under this Act or the regulations.

(2) Every person shall furnish all necessary means in Assisunce
his p>ower to facilitate any entry, inspection, examination, inspector
testing or inquiry by an inspector in the exercise of his
powers or performance of his duties under this Act or the
regulations.

False
Informa-
tion, etc.

(3) No person shall knowingly furnish an inspector with
false information or neglect or refuse to furnish information
required by an inspector in the exercise of his duties under
this Act or the regulations. 1971, c. 43, s. 9; 1973, c. 47,
s. 7, amended.

M^^toring (4) No person shall interfere with any monitoring equip-
ment or device in a work place.

Obstruc-
tion of
committee,
etc.

(5) No person shall knowingly,

(a) hinder or interfere with a committee, a committee
member or a health and safety representative in
the exercise of a power or performance of a duty
under this Act ;

(b) furnish a committee, a committee member or a
health and safety representative with false infor-
mation in the exercise of a power or performance
of a duty under this Act ; or

(c) hinder or interfere with a worker selected by a
trade union or trade unions or a worker selected
by the workers to represent them in the exercise
of a power or performance of a duty under this
Act. New.

tfon""* 32. — (1) Except for the purposes of this Act and the

confidential regulations or as required by law,

{a) an inspector, a person accompanying an inspector
or a person who, at the request of an inspector,
makes an examination, test or inquiry, shall not
publish, disclose or communicate to any person any
information, material, statement, report or result
of any examination, test or inquiry acquired,
furnished, obtained, made or received under the
powers conferred under this Act or the regulations;
1971, c. 43, s. 13 (1); 1973, c. 47, s. 8 (1), amended.

{h) a committee member shall not publish, disclose or
communicate to any person any secret manufactur-
ing process or trade secret acquired, furnished,
obtained, made or received under the provisions
of this Act or the regulations; New.

(c) no person to whom information is communicated
under this Act and the regulations shall divulge
the name of the informant to any person ; and
1971, c. 43, s. 13 (5); 1973, c. 47, s. 8 (5), amended.

(d) no person shall disclose any information obtained
in any medical examination, test or x-ray of a
worker made or taken under this Act except in a
form calculated to prevent the information from
being identified with a particular person or case.
New.

(2) An inspector or a person who, at the request of an ^i^bjii^y
inspector, accompanies an inspector, or a person who makes civil suit
an examination, test, inquiry or takes samples at the request

of an inspector is not a compellable witness in a civil suit
or any proceeding respecting any information, material,
statement or test acquired, furnished, obtained, made or
received under this Act or the regulations. 1971, c. 43,
s. 13 (3); 1973, c. 47, s. 8 (3), amended.

(3) A Director may communicate or allow to be com- P9werof

. ,. , ■^, . r 1 Director

municated or disclosed information, material, statements or to disclose
the result of a test acquired, furnished, obtained, made or
received under this Act or the regulations. 1971 , c. 43, s. 13 (4) ;
1973, c. 47, s. 8 (4), amended.

33. A Director may, upon receipt of a request in writing ^opies^of
from the owner of a work place who has entered into an
agreement to sell the same and upon payment of the fee
or fees prescribed, furnish to the owner or a person desig-
nated by him copies of reports or orders of an inspector
made under this Act in respect of the work place as to its
compliance with subsection 1 of section 18. 1971, c. 43,
s. 14, amended.

34. — (1) No action or other proceeding for damages, ^j**^|.|.i^jy
prohibition, or mandamus lies or shall be instituted against persons
a Director, an inspector, an engineer, a health and safety
representative, a committee member, a worker selected by
a trade union or trade unions or a worker selected by the
workers to represent them for an act or an omission done
or omitted to be done by him in good faith in the execution
or intended execution of any power or duty under this Act
or the regulations.

(2) Subsection 1 does not, by reason of subsections 2 and o/ crown
4 of section 5 of The Proceedings Against the Crown /Ir/, r.s.o. 1970,
relieve the Crown of liability in respect of a tort committed ° ^^
by a Director, an inspector or an engineer to which it would
otherwise be subject and the Crown is liable under that Act
for any such tort in a like manner as if subsection 1 had
not been enacted. 1971, c. 43, s. 16; 1973, c. 47, s. 9, amended.

32
PART IX

Penalties

Onus of
proof

Certified
copies of
documents,
etc.. as
evidence

OFFENCES AND PENALTIES

35. — (1) Every person who contravenes or fails to com-
ply with,

(a) a provision of this Act or the regulations;

(b) an order or requirement of an inspector or a
Director; or

is guilty of an offence and on summary conviction is liable
to a fine of not more than $25,000 or to imprisonment for a
term of not more than twelve months, or to both.

(2) On a prosecution for a failure to comply with clause
g of subsection 2 of section 14 or clause c of subsection 2
of section 16, it shall be for the accused to prove that every
precaution reasonable in the circumstances for the protection
of a worker was taken. R.S.O. 1970, c. 274, s. 625; 1971,
c. 43, s. 36; 1973, c. 47, s. 26, amended.

36. — (1) In any proceeding or prosecution under this Act,

(a) a copy of an order or decision purporting to have
been made under this Act or the regulations and
purporting to have been signed by the Minister or an
inspector ;

(6) a document purporting to be a copy of a notice,
drawing, record or other document, or any extract
therefrom given or made under this Act or the regu-
lations and purporting to be certified by an in-
spector ;

(c) a document purporting to certify the result of
a test or an analysis of a sample of air and setting
forth the concentration or amount of a biological,
chemical or physical agent in a work place or part
thereof and purporting to be certified by an
inspector, or

is evidence of the order, decision, writing or document, and
the facts appearing in the order, decision, writing or docu-
ment without proof of the signature or official character of
the person appearing to have signed the order or the certifi-
cate and without further proof. 1971, c. 43, s. 41; 1973,
c. 47, s. 27, amended.

(2) In any proceeding or prosecution under this Act, orderaand
a copy of an order or decision purporting to have been made decisions
under this Act or the regulations and purporting to have
been signed by the Minister, a Director or an inspector may
be served,

(a) personally in the case of an individual or in case of
a partnership upon a partner, and in the case of a
corporation, upon the president, vice-president,
secretary, treasurer or a director, or upon the
manager or person in charge of the work place; or

(b) by registered letter addressed to a person or cor-
poration mentioned in clause a at his or its last
known place of business,

and the same shall be deemed to be good and sufficient
service thereof. New.

37. An information in respect of an offence under this fj!j^^®°*^
Act may, at the election of the informant, be heard, tried

and determined by a justice of the peace or a provincial court
judge of the Provincial Court (Criminal Division) having
jurisdiction in the county or district in which the accused
is resident or carries on business although the subject-
matter of the information did not arise in that county or
district. 1973, c. 47, s. 28.

38. No prosecution under this Act shall be instituted on'^rotecu"
more than one year after the last act or default upon which tions

the prosecution is based occurred. 1971, c. 43, s. 37.

PART X

REGULATIONS

30. — (1) The Lieutenant Governor in Council may make [jo^g^*"
such regulations as are advisable for the health or safety
of f)ersons in or about a work place. 1971, c. 43, s. 45 (1);
1973, c. 47, s. 31 (1), amended.

(2) Without limiting the generality of subsection 1, the ^<^®™
Lieutenant Governor in Council may make regulations,

1. defining any word or expression used in this Act
or the regulations that is not defined in this Act
for the purposes of the Act and the regulations;

2. designating or defining any industry, work place,
employer or class of work places or employers for
the purposes of this Act, a part of this Act, or the
regulations or any provision thereof;

3. designating, either generally or specifically, work
places, to which this Act and the regulations apply
or do not apply;

4. prescribing forms and providing for their use;

5. providing for and prescribing fees and the pay-
ment or refund of fees ;

6. requiring and prescribing notices that shall be
posted in one or more languages;

7. prescribing the records that shall be made and
kept by owners and employers;

8. requiring an owner, employer or constructor to
transmit to a Director such notices, returns and
reports and such information and particulars therein
as are prescribed ;

9. prescribing the kind of accident, explosion, fire,
flood or inrush of water, failure of equipment,
machine, device or thing, cave-in, subsidence, rock-
burst or other incident of which notice is to be given
under section 25;

10. requiring the submission of drawings, specifications,
reports, details of procedures and other information
as are prescribed and prescribing by whom such
information shall be prepared or certified;

1 1 . prescribing the qualifications of any person required
to prepare or certify such information as may be
required under a regulation made pursuant to
paragraph 10;

12. regulating or prohibiting the installation or use of
any machine, device or thing or any class thereof;

13. requiring that any equipment, machine, device,
article or thing used bear the seal of approval of an
organization designated by the regulations to test
and approve the equipment, machine, device, article
or thing and designating organizations for such
purposes ;

14. requiring and regulating equipment, materials and
protective devices or clothing for workers;

15. requiring that a worker shall be a competent
person ;

16. prescribing measures and procedures to be carried
out in a work place;

17. regulating or prohibiting the handling of, exposure
to, use and disposal of any material, biological,
chemical or physical agent or combination thereof
or thing in a work place;

18. respecting medical examinations, tests or x-rays
of workers and the reports to be made of such
examinations ;

19. respecting the reporting by physicians and others
of workers affected by any biological, chemical or
physical agents or combination thereof;

20. regulating or prohibiting atmospheric conditions,
to which any worker may be exposed in a work
place ;

21. prescribing methods, standards or procedures for
determining the amount, concentration or level
of any atmospheric condition or ' any biological,
chemical or physical agent, or combination thereof
in a work place;

22. prescribing any biological, chemical or physical
agent or combination thereof as a designated
substance ;

23. prohibiting, regulating, restricting, limiting or con-
trolling the handling of, exposure to, or the use and
disposal of a designated substance;

24. requiring the maintenance and keeping of a record
or records of biological, chemical or physical agents,
the use thereof, the disposal thereof, and the exposure
of workers thereto ;

25. requiring and regulating the establishment of an
occupational health service by an employer or
person in charge of a work place and the maintenance
thereof in accordance with standards as prescribed ;

26. respecting the provision of suitable facilities for
medical treatment in cases of accident or sickness and
for the supervision of the general health of employees
during working hours;

27. respecting the prevention or control of fire in a
work place and protection therefrom;

28. respecting the provision and maintenance of any
sanitary convenience or welfare provision in a work
place ;

29. respecting the provision of suitable facilities in a
work place for handicapped persons ;

30. adopting by reference, in whole or in part, with such
changes as the Lieutenant Governor in Council con-
siders necessary, any code and requiring compliance
with any code that is so adopted ;

31. requiring and providing for the registration of
employers of workers ;

32. prescribing the minimum age for a worker or person
in any work place or class of work places ;

33. requiring an employer or supervisor to provide a
worker with written instructions as to the measures
and procedures to be taken for the protection of a
worker ;

34. requiring a constructor to appoint a superintendent
for a project as prescribed;

35. adopting by reference any criteria or guide in relation
to the exposure of a worker to any biological,
chemical or physical agent or combination thereof;
and

36. enabling the Director by notice in writing to
designate that any part of a project shall be an
individual project for the purposes of this Act and
the regulations and prescribing to whom notice shall
be given. 1971, c. 43, s. 45 (2) ; 1973. c. 47, s. 31 (2),
amended.

Repeals ^.q^ j^ie following are repealed :

1. The Construction Safety Act, 1973, being chapter 47.

2. The Industrial Safety Act, 1971 , being chapter 43.

3. The Industrial Safety Amendment Act, 1972, being
chapter 122.

4. The Industrial Safety Amendment Act, 1974, being
chapter 104.

5. Part IX of The Mining Act, except,

i. Subsection 1 of section 176,

ii. Clauses d, e and / of subsection 2 of section
176, and

iii. Sections 611 and 616,

being chapter 274 of the Revised Statutes of Ontario,
1970.

6. The Silicosis Act, being chapter 438 of the Revised
Statutes of Ontario, 1970.

7. Section 78 of The Civil Rights Statute Law Amend-
ment Act, 1971 , being chapter 50.

8. The Employees' Health and Safety Act, 1976, being
chapter 79.

9. Section 10 of The Ministry of Labour Act, being
chapter 117 of the Revised Statutes of Ontario, 1970.

41. This Act comes into force on a day to be named by ^°e^t"*°°*
proclamation of the Lieutenant Governor.

42. The short title of this Act is The Occupational Health Short tiue
andSafety Act, 1977.

H
X

w
5. o
- w

o •

O SC

<-«■

■•^

'^5

1:0
<*

Si.

-vl

l-^ )JU r-h

^ a> „

O i— <T>

<^ P O
O 3 r*

■^ S ?

9
P

BILL 71 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to relieve Persons from Liability in respect of
voluntary Emergency Medical and First Aid Services

Mr. Haggerty

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to reheve persons from liabihty in resf)ect
of voluntary emergency first aid assistance or medical services rendered at
or near the scene of an accident or other sudden emergency.

BILL 71 1977

An Act to relieve Persons from

Liability in respect of voluntary

Emergency Medical and First Aid Services

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

I. In this Act, l^lfT^'

' tation

(a) "physician" means a legally qualified medical practi-
tioner ;

(6) "registered nurse" has the same meaning as defined

in section 69 of The Health Disciplines Act, 1974. i9V4,c.47

2. Where, in respect of a person who is ill, injured or f^^^^
unconscious as the result of an accident or other sudden liability

for

emergency, damages

(a) a physician or registered nurse voluntarily and
without expectation of compensation or reward
renders emergency medical services or first aid
assistance and such services or assistance are not
rendered at a hospital or other place having
adequate medical facilities and equipment; or

(b) a person other than a person mentioned in clause
a voluntarily renders emergency first aid assistance
and such assistance is rendered at the immediate
scene of the accident or emergency,

the physician, registered nurse or other person shall not
be liable for damages for injuries to or the death of such
person alleged to have been caused by an act or omission
on his part in rendering the medical services or first aid
assistance, unless such acts constitute wilful or wanton
misconduct on his part.

Act does
not apply
to normal
medical
services

3. Nothing in section 2 shall be deemed to relieve a
physician from liability for damages for injuries to or the
death of any person caused by an act or omission on the part
of the physician in respect of medical services rendered by
him in the normal and ordinary course of his practice and
not under the circumstances set forth in section 2.

Commence- 4 Xhis Act comes into force on the day it receives Royal

ment ^ j j

Assent.

Short title 5^ j^e short title of this Act is The Good Samaritan Act,

1977.

«*«>.

«>

o
o

'♦^

oo'

<-o

Ki.

l-A

<-»■

$:^

J*;

1—0

3
>

ti? 3 a>

rn o

CD 3 3

Q 2 <^

(T> 3 3
W5 O 3

2L^

BILL 72 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to preserve Topsoil in Ontario

The Hon. W. G. Newman
Minister of Agriculture and Food

TORONTO
Printed by J. C. Thatcher. Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to provide councils of municipahties with the
power to preserve and protect topsoil within the municipality.

BILL 72 1977

An Act to preserve Topsoil in Ontario

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

1. In this Act, ^Z^-

{a) "lot" means a parcel of land, described in a deed
or other document legally capable of conveying
land, or shown as a lot or block on a registered plan
of subdivision;

(b) "topsoil" means that horizon in a soil profile, known
as the "A" horizon, containing organic material.

2. — (1) Subject to subsections 2 and 3, by-laws may be ^y-^aws^
passed by the councils of municipalities, or

r J f > prohibltinfir

removal of

(a) regulating or prohibiting the removal of topsoil in '°^^°
the municipality or in any area or areas thereof
defined in the by-law;

(b) providing for the issuing and renewing of permits
for the removal of topsoil ;

(c) providing for the refusal to issue, refusal to renew
and revocation of permits on such grounds as are
prescribed in the by-law;

{d) prohibiting any person from removing topsoil within
the area or areas to which the by-law applies with-
out a permit therefor;

{e) requiring the rehabilitation of lands from which the
topsoil has been removed;

(/) prescribing standards of rehabilitation to be met for
the pur|X>sei of clause e;

ig) prescribing rehabilitation procedures to be followed
for the purposes of clause e ; and

(h) exempting any land or any p>erson or class of per-
sons from any or all of the provisions of a by-law
passed pursuant to this subsection.

Application (2) A by-law passed under subsection 1 does not apply to,

(a) the removal of topsoil as an incidental part of a
normal agricultural practice including such removal
as an incidental part of sod-farming, greenhouse
operations and nurseries for horticultural products;

(b) the removal of topsoil as an incidental part of drain
i97i'c 37 construction under The Drainage Act, 1975 or The

Tile Drainage Act, 1971;

Control Act, 1971;

(d) the removal of topsoil as an incidental part of
f'^ii'^^^' operations authorized under The Mining Act;

(e) the removal of topsoil by a Crown agency or
Ontario Hydro;

(/) in the case of a by-law passed by a local munici-
pality, the removal of topsoil by a county or regional
municipality ;

ig) the removal of topsoil as an incidental part of any

construction for which leave to construct has been

f'ii?'^^^' granted pursuant to The Ontario Energy Board Act;

(h) the removal of topsoil as an incidental part of the
construction of any form of underground services
where the topsoil is removed and held for sub-
sequent replacement ;

(t) the removal of topsoil where the quantity of topsoil
removed in any one lot does not, in any consecutive
three-month period, exceed five cubic metres ; and

ij) the removal of topsoil as an incidental part of the
construction of a public highway.

w*n» (3) A by-law passed under subsection 1 does not apply

to the extent that,

(a) it is inconsistent with the terms of any approval

or agreement under The Planning Act; or ^iip'^^'"'

{h) it would prevent the construction of any building,
structure, driveway, loading or parking facilities
permitted or required on a lot pursuant to,

(i) a by-law passed by a municipality pursuant
to section 35 of The Planning Act,

(ii) an order made by the Minister of Housing
pursuant to section 32 of The Planning Act,

(iii) a land use regulation made by the Treasurer
of Ontario and Minister of Economics and
Intergovernmental Affairs pursuant to section
6 of The Parkway Belt Planning and Develop- 1^'"^- ^- ^
ment Act, 1973, or

(iv) a development permit issued by the Minister

of Housing pursuant to The Niagara E scarp- ^^'^'^■^^
ment Planning and Development Act or an
exemption granted pursuant to clause c of
section 22a of the said Act.

3. Part XXI of The Municipal Act applies mutatis^'^^"''''^'^^'^^

RSO 1970

mutandis to by-laws passed under this Act. c.284

4. This Act comes into force on the day it receives Royal ^o^^®^'^®-
Assent.

5. The short title of this Act is The Topsail Preservation ^^°'** ""®
Act, 1977.

2-H

^ w
o X

Orq ^

n r-

pro
c •

ft !z;

o
o
a

t\i

<..

C/)

«^

*-4

C^'

t-t-

o-^

<-♦

t/)

•I

BILL 72

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to preserve Topsoil in Ontario

The Hon. W. G. Newman
Minister of Agriculture and Food

TORONTO
Printed bv J. C. Thatcher, Queen's Printer for Ontario

BILL 72 1977

An Act to preserve Topsoil in Ontario

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

1. In this Act, Kr

(a) "lot" means a parcel of land, described in a deed
or other document legally capable of conveying
land, or shown as a lot or block on a registered plan
of subdivision;

(b) "topsoil" means that horizon in a soil profile, known
as the "A" horizon, containing organic material.

2. — (1) Subject to subsections 2 and 3, by-laws may be ^y-^aws
passed by the councils of municipalities, or

regulating

prohibiting
removal of

(a) regulating or prohibiting the removal of topsoil in °^^°
the municipality or in any area or areas thereof
defined in the by-law;

(6) providing for the issuing and renewing of permits
for the removal of topsoil ;

(f) providing for the refusal to issue, refusal to renew
and revocation of p)ermits on such grounds as are
prescribed in the by-law;

(d) prohibiting any person from removing topsoil within
the area or areas to which the by-law applies with-
out a permit therefor;

(e) requiring the rehabilitation of lands from which the
topsoil has been removed;

(/) prescribing standards of rehabilitation to be met for
the purposes of clause e;

(g) prescribing rehabilitation procedures to be followed
for the purposes of clause e ; and

(h) exennpting any land or any person or class of per-
sons from any or all of the provisions of a by-law
passed pursuant to this subsection.

Application (2) A by-law passed under subsection 1 does not apply to,

(6) the removal of topsoil as an incidental part of drain
1971c 37 construction under The Drainage Act, J 97 5 or The

Tile Drainage Act, 1971;

Control Act, 1971;

{d) the removal of topsoil as an incidental part of
^■^?'^^^' operations authorized under The Mining Act;

(e) the removal of topsoil by a Crown agency or
Ontario Hydro;

(/) in the case of a by-law passed by a local munici-
pality, the removal of topsoil by a county or regional
municipality ;

ig) the removal of topsoil as an incidental part of any

construction for which leave to construct has been

^■^^o.isno. granted pursuant to The Ontario Energy Board Act;

{h) the removal of topsoil as an incidental part of the
construction of any form of underground services
where the topsoil is removed and held for sub-
sequent replacement ;

(i) the removal of topsoil where the quantity of topsoil
removed in any one lot does not, in any consecutive
three-month period, exceed five cubic metres; and

(j) the removal of topsoil as an incidental part of the
construction of a public highway.

M®™ (3) A by-law passed under subsection 1 does not apply

to the extent that,

(a) it is inconsistent with the terms of any approval

or agreement under The Planning Ad; or ^f^P'^^^'

[b) it would prevent the construction of any building,
structure, driveway, loading or parking facilities
permitted or required on a lot pursuant to,

(i) a by-law passed by a municipality pursuant
to section 35 of The Planning Act,

(ii) an order made by the Minister of Housing
pursuant to section 32 of The Planning Act,

(iv) a development permit issued by the Minister

of Housing pursuant to The Niagara Escarp- ^^'^3, c. 52
ment Planning and Development Act or an
exemption granted pursuant to clause c of
section 22a of the said Act.

3. Part XXI of The Municipal Act applies mutatis'^'^^^'^^^^^^^

R S O 1970

mutandis to by-laws passed under this Act. c.284

4. This Act comes into force on the day it receives Royal ^°^^ence-
Assent.

5. The short title of this Act is The Topsail Preservation ^^°^ ^^^^^
Act, 1977.

•1

ffi

»-h

•z

QR5

2.
o"

ft-

■1

:z:

CL g

tz:

<-t-

c-o

t\i

••«.

•1

«««.

•-1

►t

<-»■
3*

00
r-t-

1-^

OTQ

»_^

tAj

»J

i-»-

„.

BILL 73 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Ontario Guaranteed Annual Income Act, 1974

The Hon. Margaret Scrivener
Minister of Revenue

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

General

The amendments proposed in this Bill provide for the payment of a
monthly benefit to those who, by reason of amendments to the Old Age
Security Act (Canada) that took effect July 1, 1977, may become entitled
to a monthly guaranteed income supplement under that Act and to a partial
monthly pension if they have resided in Canada for less than forty years but
for at least ten years.

The amount of the monthly benefit will be equivalent to the monthly
increment that would be payable to such persons were they entitled to
receive a full monthly f>ension under the federal Act. The monthly benefit
ia payable to those who are not eligible for an increment under the Act
and who are over age sixty-five, are in receipt of a monthly supplement
and a partial monthly jjension under the Old Age Security Act (Canada),
and who meet residency criteria modeled on those provided for in the Old
Age Security Act (Canada).

The residency criteria are that an applicant must have resided in
Ontario for one full year prior to his application for a monthly benefit,
and must establish that he has, at the time his application is approved,
resided in Canada after attaining eighteen years of age for at least 10 years
and for not more than forty years. In lieu of the full year's residence in
Ontario prior to the approval of an application, an applicant may establish
that, after attaining eighteen years of age, he has resided in Ontario for an
aggregate period of at least twenty years.

Other amendments are proposed in the Bill to reflect recent changes in
the provisions of the Old Age Security Act (Canada), to add provisions to
enable the Minister to investigate more fully the claims of an applicant
for benefits under the Act, and to clarify the presentation of a number of
formulae for calculating income contained in the Act.

Section 1 . — Subsection 1 . The sub-subclause re-enacted by the amend-
ment will set out more clearly the calculation of "basic monthly income"
for the class of cases covered by subclause vi. The change corrects an
unintended interpretation that might otherwise arise in the application of
the formula.

BILL 73 1977

An Act to amend
The Ontario Guaranteed Annual Income Act, 1974

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

1. — (1) Sub-subclause C of subclause vi of clause d of section 1 of rb-enacted^^^'
The Ontario Guaranteed Annual Income Act, 1974, being
chapter 58, as re-enacted by the Statutes of Ontario,
1976, chapter ?>2), section 1, is repealed and the following
substituted therefor:

(C) where the aggregate of the incomes for
the base calendar year of the benefi-
ciary and his spouse is equal to or
greater than the sum of the amounts
described in paragraph 1 , 2 or 3 of sub-
subclause B,

an amount equal to the sum of,

1. the amount equal to one-thirty-sixth
of the result obtained by subtracting
from the amount of the aggregate of
the incomes for the base calendar
year of the beneficiary and his spouse
the sum of the amounts described in
paragraphs 1 and 2 of sub-subclause
B and $12.00,

2. the amount of the pension that is
authorized to be paid in the month
under the Old Age Security Act^-^^.\m,

(Canada), and

3. the maximum amount of the supple-
ment that is authorized to be paid in
the month under the Old Age Security
Act (Canada) to an unmarried person.

8. 1 (g).
amended

(2) Clause g of the said section 1 is amended by striking out
"a payment similar to a supplement or a pension" in
the second and third lines and inserting in lieu thereof
"a spouse's allowance, a payment similar to a supple-
ment, pension or spouse's allowance".

8. 1 (fe) (11).

re-enacted

(3) Subclause ii of clause k of the said section 1 , as amended
by the Statutes of Ontario, 1976, chapter 33, section 1,
is repealed and the following substituted therefor :

1973,

0. 211 (Can.)

(ii) the amount of any pension, supplement,
sp)ouse's allowance, or allowance under the
Family Allowances Act, 1973 (Canada), and
the amount of any similar payments made
under a law of a province of Canada.

8. l(fc) (IV),

re-enacted

(4) Subclause iv of clause k of the said section 1, as enacted
by the Statutes of Ontario, 1976, chapter 33, section 1,
is repealed and the following substituted therefor:

1970-71,
c. 63 (Can.)

(iv) any amount required by paragraph b of sub-
section 1 of section 82 of the Income Tax
Act (Canada) to be included in income, or
any amount prescribed for the purpose of
this subclause,

8.1.

amended

(5) The said section 1 is amended by adding thereto the
following clauses:

[sa) "spouse" in relation to a beneficiary includes a
person of the opposite sex who has lived with the
beneficiary for three or more years where there is
a bar to their marriage or for at least one year
where there is no such bar and the beneficiary and
that person have publicly represented themselves
as man and wife;

R.S.C. 1970,
c.0-6

{sb) "spouse's allowance" means a monthly payment
authorized to be paid under Part II. 1 of the Old
Age Security Act (Canada).

s. la,
enacted

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

Eligibility
for

monthly
benefit

\a. — (1) Subject to this Act and the regulations, a monthly
benefit may be paid for any month after the month of June,
1977 to every person who is not eligible on the 30th day of
June, 1977 to be paid an increment and who,

Subsection 2. The amendment adds a reference to "spouse's allowance"
to reflect changes in the Old Age Security Act (Canada).

Subsection 3. The amendment adds a reference to a "spouse's allow-
ance" and to an allowance under the Family Allowances: Act, 1973 (Canada)
to ensure that receipt of these payments by a beneficiary under the Act
will not be taken into account in determining his income and the amount
of the benefits payable to him under the Act.

Subsection 4. The amendment clarifies that the "gross-up" of dividends
required by the Income Tax Act (Canada) to be included in taxable income
will not affect the beneficiary's income for the purpose of determining the
amount of the increment to which he is entitled under The Ontario Guaranteed
Annual Income Act, 1974.

Subsection 5. The amendment adds definitions of "spouse" and
"spouse's allowance" to correspond with those contained in the Old Age
Security Act (Canada).

Section 2. The amendment adds section la to the Act to provide for
the payment of monthly benefits to Ontario residents over sixty-five years
of age who are not entitled to an increment under the Act (because of a
residence of less than forty years in Canada), and who are entitled to receive
a supplement and a partial monthly [>ension under the Old Age Security Act
(Canada). In addition, an applicant must have resided in Ontario for either
one full year before the approval of his application or for an aggregate
period of twenty years after attaining eighteen years of age and prior to the
approval of his application, and he must have resided in Canada for at
least ten years and for not more than forty years after attaining eighteen
years of age.

Subsection 3 of the new section la sets out the method of calculating
the amount of a monthly benefit. The monthly benefit is equal to the amount
of the increment paid to other beneficiaries under the Act who receive a
supplement under the Old Age Security Act (Canada), but the amount of the
monthly benefit is reduced to reflect the size of a recipient's private income
other than amounts received under this Act and the Old Age Security Act
(Canada). The reduction of the monthly benefit corresponds to the reduction
of the monthly guaranteed income supplement paid under the Old Age
Security Act (Canada). That supplement is reduced by $1.00 a month for
every $24.00 of a person's annual private income. Thus, those who receive a
partial monthly pension under the federal Act and a full monthly guaranteed
income supplement under that Act will be entitled to the full amount of
the monthly benefit under the provincial Act, while those whose private
income is sufficient to reduce the supplement payable to them under the
federal Act will also have the monthly benefit under the provincial Act
reduced.

(a) has attained sixty-five years of age or such lesser
age as may be prescribed;

(b) is actually resident in Ontario and is entitled to
receive a partial monthly pension authorized to be

paid under subsection 1.1 of section 3 of the Old f-^-^- ^^''°-
Age Security Act (Canada) and to receive a supple-
ment that is paid to him or to his credit through
the Ontario regional office of the Income Security
Branch of the Department of National Health and
Welfare of the Government of Canada ;

(c) has resided in Canada, after attaining eighteen
years of age and prior to the day on which his
application is approved, for a period or periods the
aggregate of which is not less than ten years and
not more than forty years; and

(d) has resided in Ontario for a period of one full year
immediately prior to the date on which his appli-
cation is approved or, after attaining eighteen
years of age and prior to the date on which his
application is approved, has resided in Ontario for
a continuous period of, or for periods the aggregate
of which is, at least twenty years.

(2) A person who is not entitled to an increment under i<*®™
this Act on or before the 30th day of June, 1977 is eligible

to be paid a monthly benefit under this section only when
on or after the 1st day of July, 1977, he becomes entitled
to receive a supplement and if, on the day preceding the
day on which his application is approved, he is a Canadian
citizen residing in Ontario or, if not a Canadian citizen, is
then legally resident in Canada and is residing in Ontario.

(3) "monthly benefit" means the payment authorized by J^^^^jU* °^
subsection 1 and is an amount equal to the maximum benefit
increment payable for the month under this Act to a person

in receipt of a supplement, minus $1.00,

(fl) for every full $24.00 of the income for the base
calendar year of the person to whom the monthly
benefit is paid, if he is unmarried;

{b) for every full $48.00 of the aggregate of the in-
comes for the base calendar year of the person and
his spouse, if the person to whom the monthly
benefit is paid is married to a spouse who is entitled
to receive in the month a monthly benefit or an
increment under this Act ; or

R.S.C. 1970.
c.0-6

(c) for every full $48.00 of the amount by which the
aggregate of the incomes for the base calendar year
of the person and his spouse exceeds the product
of twelve times the maximum amount of pension
that is authorized to be paid in the month under
the Old Age Security Act (Canada) to an unmarried
person, if the person to whom the monthly benefit
is paid is married either to a spouse who is not
entitled to receive in the month an increment,
a pension, a supplement or a monthly benefit, or to
a spouse who is entitled to receive in the month a
spouse's allowance.

Agrreements
with
foreign
countries

(4) Notwithstanding subsections 1 to 3, where the result
of an international agreement concluded in accordance with
section 22.2 of the Old Age Security Act (Canada) is that
a person resident in Ontario becomes entitled to receive a
supplement, the Lieutenant Governor in Council may make
regulations respecting the manner in which this Act shall
apply to any such case or class of cases affected by the
agreement, for adapting this Act thereto, and for deter-
mining such person's or class of persons' entitlement to,
and the amount of, a monthly benefit under this Act, as
appears to the Lieutenant Governor in Council to be neces-
sary and advisable.

Interpre-
tation

(5) In clauses a, b and e of section 1 and in sections 2 to
16, "increment" shall, unless the context otherwise requires,
include the monthly benefit authorized to be paid by this
section.

Reflations

(6) The Lieutenant Governor in Council may make regu-
lations respecting the meaning of legal residence for the
purpose of this section.

8. 2 (2) (a),
re-enacted

3. — (1) Clause a of subsection 2 of section 2 of the said Act, as
amended by the Statutes of Ontario, 1976, chapter 33,
section 2, is repealed and the following substituted
therefor :

(a) subject to clause d, any month more than eleven
months before the month in which the application
is received.

8. 2 (6),
amended

(2) Subsection 6 of the said section 2 is amended by inserting
after "a" where it appears the first time in the fourth
line and where it appears the first time in the sixth line
"full".

Subsection 4 of the new section la empowers the Lieutenant Governor
in Council to make regulations to adapt the monthly benefit provisions of
the Act to situations, as yet unknown, which may arise when agreements
between Canada and other countries are made, as provided in section 22.2
of the Old Age Security Act (Canada), for the payment of old age security
benefits.

Subsection 5 of the new section la makes the relevant provisions of the
Act applicable to the application for, payment of and administration of the
monthly benefit authorized by section la of the Act.

Subsection 6 of the new section la enables the Lieutenant Governor in
Council to define "legal residence" for the purpose of section la.

Section 3. — ^Subsection 1. The amendment changes to eleven months
the previous reference to twelve months, and is made to reflect changes
in the Old Age Security Act (Canada).

Subsections 2 and 3. Theadditionof "full" before "pension" in the two
subsections being amended reflects changes in the Old Age Security Act
(Canada), which now provides for both a full and a partial pension.

Section 4. The amendment substitutes "eleven months" for the
previous reference to "one year", and reflects changes in the Old Age Security
Ait (Canada).

Section 5. The several amendments prof>osed in this section will
set out more clearly the calculation of income when a change of income
occurs during the year. The changes correct an unintended interpretation
that might otherwise arise in the application of the formulae in section 5 of
the Act.

(3) Subsection 7 of the said section 2 is amended by inserting li^ended
after "a" where it appears the second time in the first
Hne and after "the" in the fourth Hne "full".

4. Subsection 1 of section 4 of the said Act, as re-enacted by Ij^^J^^^g^j
the Statutes of Ontario, 1976, chapter 33, section 3, is amended
by striking out "one year" in the fourth line and inserting
in lieu thereof "eleven months".

5. — (1) Subsection 2 of section 5 of the said Act is amended by 8-5(2).

^ ' . . -^ amended

Striking out all that part of the said subsection following
"plus" in the twenty-third line and inserting in lieu
thereof :

(b) any defined income received by him in that part of
that calendar year that is after the month in which
he ceased to hold that office or employment or
ceased to carry on that business, divided by the
number of months in that part of that calendar
year and multiplied by twelve,

shall be deemed to be his income for the base calendar
year.

(2) Subsection 3 of the said section 5 is amended by striking s 5 o)
out all that part of the said subsection following "plus"

in the twentieth line and inserting in lieu thereof:

(b) any defined income received by him in that part of
that calendar year that is after the month next
before the month in which he suffered the loss,
divided by the number of months in that part of
that calendar year and multiplied by twelve,

shall be deemed to be his income for the base calendar
year.

(3) Subsection 4 ot the said section 5 is amended Dy striking »• 5 (4).
out all that part of the said subsection following "plus"

in the thirty-fifth line and inserting in lieu thereof:

(ii) any defined income received by him in that
part of that calendar year that is after the
month in which he ceased to hold that office
or employment or ceased to carry on that
business, divided by the number of months
in that part of that calendar year and
multiplied by twelve,

8. 5 (5),
amended

shall be deemed to be his income for the base calendar
year.

(4) Subsection 5 of the said section 5 is amended by striking
out all that part of the said subsection following "plus"
in the thirty-first line and inserting in lieu thereof:

(ii) any defined income received by him in that
part of that calendar year that is after the
month next before the month in which he
suffered that loss, divided by the number
of months in that part of that calendar
year and multiplied by twelve,

8. 7(1) (ft).

amended

shall be deemed to be his income for the base calendar
year.

6. Clause b of subsection 1 of section 7 of the said Act is amended
by adding at the end thereof "except that no payment shall
be made under this clause where the amount of such payment
is less than $5.00".

8.8,

amended

7. Section 8 of the said Act, as amended by the Statutes of
Ontario, 1976, chapter 33, section 4, is further amended by
adding thereto the following subsection :

Administra-
tion of oaths

(12) Any officer or employee in the Ministry of Com-
munity and Social Services who is authorized to administer
oaths, take and receive affidavits, declarations and affirma-
tions and any officer or employee in the Ministry of Revenue
who is authorized by the Minister, may administer oaths,
take and receive affidavits, declarations and affirmations for
the purposes of or incidental to the administration or enforce-
ment of this Act, and every person so authorized has, with
respect to any such oath, affidavit, declaration or affirmation,
all the powers of a commissioner for taking affidavits.

8.14,

re-enacted

8. Section 14 of the said Act is repealed and the following sub-
stituted therefor:

Investigation J 4 — (J) ^jjy person thereunto authorized by the Minister

for any purpose related to the administration or enforcement
of this Act may at all reasonable times enter into any premises
or place where any business is carried on or any property
is kept or where anything is done in connection with any
business or where any books or records are kept and,

(a) audit or examine the books and records and any
account, voucher, letter, telegram or other docu-

Section 6. The amendment provides that, where an appUcant has
erroneously shown more income than he actually receives, his entitlement to
any additional payment under the Act must exceed $5.00.

Section 7. The new subsection added by the amendment provides for
the taking of affidavits and declarations required for the administration
of the Act.

Section 8. The amendment adds to the Act administrative provisions
for investigating and obtaining information that are similar to those in other
statutes administered by the Minister of Revenue.

merit that relates or may relate to the information
that is or should be in the books or records or to
the amount of an increment payable under this
Act;

(6) examine property described in any conveyance or
any property, process or matter, an examination
of which may, in his opinion, assist him in deter-
mining the accuracy of any application required
by this Act or in ascertaining the information that
is or should be in the books or records or in such
application, or the amount of any increment payable
under this Act;

(c) require any person on the premises to give him
all reasonable assistance with his audit or examina-
tion and to answer all questions relating to the
audit or examination either orally or, if he so re-
quires, in writing, on oath or by statutory declara-
tion and, for that purpose, he may require such
person to attend at the premises or place with him;
and

(d) if during the course of any audit or examination
it appears to him that there has been a violation
of this Act or the regulations made under this Act,
seize and take away any of the records, books,
accounts, vouchers, letters, telegrams and other
documents and retain them until they are produced
in any court proceedings.

(2) The Minister may, for any purpose relating to the Production
administration or enforcement of this Act, by registered documents
letter or by a demand served personally, require from any records to
person any information or additional information, or t^e^*"^"**"^
production, or production on oath, of any books, letters,
accounts, invoices, statements (financial or otherwise) or

other documents within such reasonable time as is stipulated
therein, provided that, in the opinion of the Minister or of
the person authorized by him, it is necessary to make the
demand in order to determine eligibility or possible eligibility
for an increment under this Act.

(3) Where a book, record or other document has been 5«'p*«8 of

. ', . , , , , , . , documents

seized, exammed or produced under this section, the person and

rocordfl

by whom it is seized or examined or to whom it is produced,
or any officer of the Ministry of Revenue, may make or
cause to be made one or more copies thereof, and a docu-
ment purporting to be certified by the Minister or a person

Compliance

Offence

thereunto authorized by the Minister to be a copy made
pursuant to this section is admissible in evidence and has
the same probative force as the original document would
have had if it had been proven in the ordinary way.

(4) No person shall hinder or interfere with any person
doing anything that he is authorized by this section to do
or shall prevent or attempt to prevent any person doing
any such thing, and notwithstanding any other law to the
contrary, every person shall, unless he is unable to do so, do
everything he is required by this section to do.

(5) Every person who has failed to comply with or has
contravened this section is guilty of an offence and, in ad-
dition to any penalty otherwise provided, is liable on sum-
mary conviction to a fine of $100 or $25 for each day during
which the default continues, whichever is the greater.

8. 15 (1) (d).
amended

88. 17, 18,
repealed

Commence-
ment

Idem

9. Clause d of subsection 1 of section 15 of the said Act is amended
by striking out "or 14".

10. Sections 17 and 18 of the said Act are repealed.

11. — (1) This Act, except sections 1 to 7, 9 and 10, comes into
force on the day it receives Royal Assent.

(2) Sections 1 to 7, and 9 and 10 shall be deemed to have
come into force on the 1st day of July, 1977.

Short title 12. The short title of this Act is The Ontario Guaranteed Annual
Income Amendment Act, 1977.

Section 9. The amendment is consequential on the amendment pro-
posed in section 8 of the Bill.

Section 10. The sections repealed were required only during the
initial months of the Act.

H
X

X
So

2.2

W
H

2
<
w

!-*■

J>^

>>^

C/5

Si-

t^'

o
^
^

H
=r
ft>

3 P ^

0 -I --'

1 5->

n -^ '-'
- 3 E

ol? 2

3
3
C

BILL 73

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Ontario Guaranteed Annual Income Act, 1974

The Hon. Margaret Scrivener
Minister of Revenue

TORONTO
Printed bv J. C. Thatcher, Queen's Printer for Ontario

BILL 73 1977

An Act to amend
The Ontario Guaranteed Annual Income Act, 1974

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

1.— (1) Sub-subclause C of subclause vi of clause d of section 1 of re-enacted ^^^'
The Ontario Guaranteed Annual Income Act, 1974, being
chapter 58, as re-enacted by the Statutes of Ontario,
1976, chapter 33, section 1, is repealed and the following
substituted therefor:

an amount equal to the sum of,

2. the amount of the pension that is
authorized to be paid in the month
under the Old Age Security Act^-^c.mo,
(Canada), and

3. the maximum amount of the supple-
ment that is authorized to be paid in
the month under the Old Age Security
Act (Canada) to an unmarried person.

B. l(^).

amended

8. 1 (k) (11).
re-enacted

(3) Subclause ii of clause k of the said section 1, as amended
by the Statutes of Ontario, 1976, chapter 33, section 1,
is repealed and the following substituted therefor:

1973.

c. 211 (Can.)

(ii) the amount of any pension, supplement,
spouse's allowance, or allowance under the
Family Allowances Act, 1973 (Canada), and
the amount of any similar payments made
under a law of a province of Canada.

8. 1 (fc) (IV),

re-enacted

(4) Subclause iv of clause k of the said section 1, as enacted
by the Statutes of Ontario, 1976, chapter 33, section 1,
is repealed and the following substituted therefor:

1970-71.
c. 63 (Can.)

(iv) any amount required by paragraph b of sub-
section 1 of section 82 of the Income Tax
Act (Canada) to be included in income, or
any amount prescribed for the purpose of
this subclause,

8.1.

amended

(5) The said section 1 is amended by adding thereto the
following clauses:

{sa) "spouse" in relation to a beneficiary includes a
person of the opposite sex who has lived with the
beneficiary for three or more years where there is
a bar to their marriage or for at least one year
where there is no such bar and the beneficiary and
that person have publicly represented themselves
as man and wife;

R.S.C. 1970.
c.O-6

{sh) "spouse's allowance" means a monthly payment
authorized to be paid under Part II. 1 of the Old

Age Security Act (Canada).

8. la.
enacted

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

Eligibility
for

monthly
benefit

la. — (1) Subject to this Act and the regulations, a monthly
benefit may be paid for any month after the month of June,
1977 to every person who is not eligible on the 30th day of
June, 1977 to be paid an increment and who.

(a) has attained sixty-five years of age or such lesser
age as may be prescribed;

(b) is actually resident in Ontario and is entitled to
receive a partial monthly pension authorized to be

paid under subsection 1.1 of section 3 of the Old^-^-^-^^^-
Age Security Act (Canada) and to receive a supple-
ment that is paid to him or to his credit through
the Ontario regional office of the Income Security
Branch of the Department of National Health and
Welfare of the Government of Canada ;

(2) A person who is not entitled to an increment under i'^^'"
this Act on or before the 30th day of June, 1977 is eligible

(3) "monthly benefit" means the payment authorized by ^™°^jfj^°*^
subsection 1 and is an amount equal to the maximum benefit
increment payable for the month under this Act to a person

in receipt of a supplement, minus $1.00,

(a) for every full $24.00 of the income for the base
calendar year of the person to whom the monthly
benefit is paid, if he is unmarried;

(6) for every full $48.00 of the aggregate of the in-
comes for the base calendar year of the person and
his spouse, if the f)erson to whom the monthly
benefit is paid is married to a spouse who is entitled
to receive in the month a monthly benefit or an
increment under this Act ; or

R.S.C. 1970.
C. 0-6

for every full $48.00 of the amount by which the
aggregate of the incomes for the base calendar year
of the person and his spouse exceeds the product
of twelve times the maximum amount of pension
that is authorized to be paid in the month under
the Old Age Security Ad (Canada) to an unmarried
person, if the person to whom the monthly benefit
is paid is married either to a spouse who is not
entitled to receive in the month an increment,
a pension, a supplement or a monthly benefit, or to
a spouse who is entitled to receive in the month a
spouse's allowance.

Agrreements
with
foreign
countries

Interpre-
tation

(5) In clauses a, b and e of section 1 and in sections 2 to
16, "increment" shall, unless the context otherwise requires,
include the monthly benefit authorized to be paid by this
section.

Regulations

(6) The Lieutenant Governor in Council may make regu-
lations respecting the meaning of legal residence for the
purpose of this section.

8. 2 (2) (a),
re-enacted

3. — (1) Clause a of subsection 2 of section 2 of the said Act, as
amended by the Statutes of Ontario, 1976, chapter i^,
section 2, is repealed and the following substituted
therefor :

[a] subject to clause d, any month more than eleven]
months before the month in which the application
is received.

8. 2 (6),
amended

(2) Subsection 6 of the said section 2 is amended by inserting
after "a" where it appears the first time in the fourth
line and where it appears the first time in the sixth line
"full".

(3) Subsection 7 of the said section 2 is amended by inserting li^ended
after "a" where it appears the second time in the first
Hne and after "the" in the fourth Hne "full".

4. Subsection 1 of section 4 of the said Act, as re-enacted by ^j^^J^^^ie^
the Statutes of Ontario, 1976, chapter 33, section 3, is amended
by striking out "one year" in the fourth line and inserting
in lieu thereof "eleven months".

5.- — (1) Subsection 2 of section 5 of the said Act is amended by|^^2Xg^
striking out all that part of the said subsection following
"plus" in the twenty-third Hne and inserting in lieu
thereof :

(6) any defined income received by him in that part of
that calendar year that is after the month in which
he ceased to hold that office or employment or
ceased to carry on that business, divided by the
number of months in that part of that calendar
year and multiplied by twelve,

shall be deemed to be his income for the base calendar
year.

(2) Subsection 3 of the said section 5 is amended by striking s- 5 (3),
out all that part of the said subsection following "plus"

in the twentieth line and inserting in lieu thereof:

shall be deemed to be his income for the base calendar
year.

(3) Subsection 4 of the said section 5 is amended by striking l^^^x^^
out all that part of the said subsection following "plus"

in the thirty-fifth line and inserting in lieu thereof:

S. 5 (5).

amended

8. 7(1) (6).
amended

shall be deemed to be his income for the base calendar
year.

(4) Subsection 5 of the said section 5 is amended by striking
out all that part of the said subsection following "plus"
in the thirty-first line and inserting in lieu thereof:

shall be deemed to be his income for the base calendar
year.

8.8.

amended

7. Section 8 of the said Act, as amended by the Statutes of
Ontario, 1976, chapter 33, section 4, is further amended by
adding thereto the following subsection :

Administra-
tion of oaths

s. 14.
re-enacted

8. Section 14 of the said Act is repealed and the following sub-
stituted therefor:

Investigation 14 — (jj ^^ly person thereunto authorized by the Minister

(a) audit or examine the books and records and any
account, voucher, letter, telegram or other docu-

ment that relates or may relate to the information
that is or should be in the books or records or to
the amount of an increment payable under this
Act;

(b) examine property described in any conveyance or
any property, process or matter, an examination
of which may, in his opinion, assist him in deter-
mining the accuracy of any application required
by this Act or in ascertaining the information that
is or should be in the books or records or in such
application, or the amount of any increment payable
under this Act ;

(2) The Minister may, for any purpose relating to the Production
administration or enforcement of this Act, by registered documents
letter or by a demand served personally, require from anyrecordsto
person any information or additional information, or the *^'°*®*'®'^
production, or production on oath, of any books, letters,
accounts, invoices, statements (financial or otherwise) or

(3) Where a book, record or other document has been Copies of

• . -1 11 11- 1 documents

seized, exammed or produced under this section, the person and
by whom it is seized or examined or to whom it is produced,
or any officer of the Ministry of Revenue, may make or
cause to be made one or more copies thereof, and a docu-
ment purporting to be certified by the Minister or a person

Compliance

Offenoe

8. 15(1) (d).
amended

88. 17. 18.
repealed

Commence-
ment

Idem

9. Clause d of subsection 1 of section 15 of the said Act is amended
by striking out "or 14".

10. Sections 17 and 18 of the said Act are repealed.

11. — (1) This Act, except sections 1 to 7, 9 and 10, comes into
force on the day it receives Royal Assent.

(2) Sections 1 to 7, and 9 and 10 shall be deemed to have
come into force on the 1st day of July, 1977.

Short title 12. The short title of this Act is The Ontario Guaranteed Annual
Income Amendment Act, 1977.

X
So

re ^

^ >

in
o

2
<
m
z
m
w

l-^

(X>

c-0

Ei^

3
cr

Si.

•-1

55,

(-(-

^
^

1— »

ffcj

h-«

»^

•^

-J

•^

3 P ^

O -1 •-'

n -1 '-'

— :;r 3

^^ 3

3
9

BILL 74

Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Legislative Assembly Act

Mr. Williams

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The amendment would require a person who holds office as a member
of a council of a municipality and whose term of office is not yet three-
quarters expired to resign his office on official nomination day if he wishes
to be elected to the Assembly.

HLL 74 1977

An Act to amend
The Legislative Assembly Act

■ TER MAJESTY, by and with the advice and consent of the
lA Legislative Assembly of the Province of Ontario, enacts as
ollows:

1. Section Sa of The Legislative Assembly Act, being chapter 240 ^e?^;ja,cted
of the Revised Statutes of Ontario, 1970, as enacted by the
Statutes of Ontario, 1972, chapter 131, section 1, is repealed
and the following substituted therefor :

8a. — (1) In this section, Jatfor®'

(a) "nomination day" means the nomination day stated
in the writ for election under section 7 of TA^^??. 1970.

T^, ■ A c. 142

Election Act;

(b) "municipal office" means a position as a member
of the council of any municipality, including a
district, area, metropolitan or regional municipality,
or of a local board, as defined in The Municipal^fj^-^^'^^-
Affairs Act, of a municipality.

(2) Subject to subsections 3 and 4, a person who is a Candidate
candidate for election to or a member of the Assembly is notjneiigibieto
eligible to hold municipal office. cipai office

(3) Every person who holds a municipal office and is^n^^jl^^e
nominated as a candidate for election to the Assembly forfeits ineligible

1 ••!«• -i i.ri onnomlna-

the municipal office on nomination day unless the term of thetionday
office is more than three-quarters complete on that day.

(4) A person who, while a candidate, continues to hold a^he^^

municipal office and is elected a member of the Assembly candidate
, , ■ , . . , -~ <i 1 1 ri inellgrlble

forfeits the municipal office on the day that the return of the

election of that person to the Assembly is published in The

Ontario Gazette under section 127 of The Election Act.

Commence-
ment

Short tlUe

2. This Act comes into force on the day it receives Royal Assent.

3. The short title of this Act is The Legislative Assembly Amend
ment Act, 1977.

I-

ft
ft-

n
o

-t

SJ>

C/)

ft.

<-t-

t-^

»Q

o
-^
^

rt>

CJ3

!7i'

r-h

t/l

O
P3

cr CL

BILL 75 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Ministry of Consumer and
Commercial Relations Act

Mr. Davison

TORONTO
Printed by J. C. Thatcher. Queen's Printer for Ontario

Explanatory Note

The amendment requires the Minister of Consumer and Commercial
Relations to submit an annual report to the Assembly.

BILL 75 1977

An Act to amend The Ministry of
Consumer and Commercial Relations Act

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

1. The Ministry of Consumer and Commercial Relations Act, %^l^^^
being chapter 113 of the Revised Statutes of Ontario, 1970,

is amended by adding thereto the following section :

13. The Minister after the close of each year shall submit Annual
to the Lieutenant Governor in Council an annual report
upon the affairs of the Ministry and shall then lay the report
before the Assembly if it is in session or, if not, at the next
ensuing session.

2. This Act comes into force on the day it receives Royal Assent, commence-

3. The short title of this Act is The Ministry of Consumer and short title
Commercial Relations Amendment Act, 1977 .

>
<

on
O

•z

I.
<*.

O
o

n
■-«

>3
Si.
I'

a>
n

tin'

(-^
"1

3
>

J=d

£.

D-

a>
1

BILL 76 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Liquor Licence Act, 1975

Mr. Mancini

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to increase the legal drinking age in Ontario
from eighteen to nineteen years of age.

Section 45 as amended by this Bill, showing underlined the age refer-
ences to be changed, is set out below :

45. — (/) No person shall knowingly sell or supply liquor to a person under
the age of nineteen years.

(2) No liquor shall he sold or supplied to a person who is apparently under
the age of nnutern years, and, in any prosecution for a contrarenttun
of this suL.seiltit, the justice shall determine from the appauaru,
of such person and other relevant circumstances whether he is apparently
under the age of nimticn years.

(J) No person under the age of nnuiun years shall have, consume, attempt
to purchase, purchase or other:,;- i- Ktain liquor.

(-/) No person under the age of »,«./<>« years shall enter or remain on
premises in which the sale of Hqtmr is authorized except those classes
of premises that are prescribed by the regulations.

(5) This section does not apply to the supplying of liquor to a person under
the age of niiutciH years by the parent or guardian of such person in a
residence as defined in section 46 or to the consumption of liquor
therein by such person.

(6) A person who sells or supplies liquor to another person shall be deemed
not to be in contravention of subsection 1 or 2 if, before hi
supplies the liquor, a card in the form prescribed by the ri.

IS produced to him by the person to whom he sells or supplies th< lu/uoi ,
which purports to be issued by the Board to the person product n^: it
and if there is no apparent inconsistency on the face of the card or
between the card and the person producing it.

(7) Any person who is or who becomes eighteen years of age on the day
immediately preceding the day The Liquor Licence Amendment Act,
1977 , cotrus into force shall continue to have the rights and privileges
he had under The Liquor Licence Act. 1975 as it existed on that day and
while such a person is of the actual age of eighteen years he shall for
the purposes of this section be deemed to be nineteen years of age.

BILL 76 1977

An Act to amend
The Liquor Licence Act, 1975

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

1. — (1) Subsection 1 of section 45 of The Liquor Licence Act, \^^^^^^
1975, being chapter 40, is amended by striking out
"eighteen" in the second line and inserting in lieu thereof
"nineteen".

(2) Subsection 2 of the said section 45 is amended by striking |,J^J§e(j
out "eighteen" in the second line and in the sixth line

and inserting in lieu thereof in each instance "nineteen".

(3) Subsection 3 of the said section 45 is amended by striking Ij^g^^^g^j
out "eighteen" in the first line and inserting in lieu thereof
"nineteen".

(4) Subsection 4 of the said section 45 is amended by striking amended
out "eighteen" in the first line and inserting in lieu thereof
"nineteen".

(5) Subsection 5 of the said section 45 is amended by striking |-^^^^jj^g^
out "eighteen" in the second line and inserting in lieu
thereof "nineteen".

(6) Section 45 of the said Act is amended by adding thereto amended
the following subsection:

(7) Any person who is or who becomes eighteen years of Transition
age on the day immediately preceding the day The Liquor
Licence Amendment Act, 1977 comes into force shall continue
to have the rights and privileges he had under The Liquor
Licence Act, 1975 as it existed on that day and while such a
person is of the actual age of eighteen years he shall for the
purposes of this section be deemed to be nineteen years of
age.

2
m«jt"*"^*' 2. This Act comes into force on the 1st day of March, 1978.

Short title 3^ Jhe short title of this Act is The Liquor Licence Amendment

Act, 1977.

50
>

r-^

>*•

>«

'■r.

Si-

Ss-

C/1

!-♦■

Si-

o
^
^

sr
fp

r
^■>

O ,
-1 >

I— <^

r! "^

O) O

(T> g

BILL 77 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Judicature Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section I. — Subsection 1. The clause repealed provides for app>eals
from decisions under The Judtaal Review Procedure Act, 1971 . The appeals
are provided for by section 6 (4) of that Act, as re-enacted by the Statutes
of Ontario, 1976, chapter 45, section 1 .

Subsection 2. Complementary to section 12 of this Bill.

Section 2. Complementary to section 12 of this Bill.

Section 3. Provision is made for the awarding of prejudgment interest.

BILL 77 1977

An Act to amend The Judicature Act

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

1. — (1) Clause c of subsection 1 of section 17 of The Judicature Iq^^^J;^^'
Act, being chapter 228 of the Revised Statutes of Ontario,
1970, as re-enacted by the Statutes of Ontario, 1971,
chapter 57, section 1, is repealed.

(2) Clause d of subsection 1 of the said section 17 is amended amended^"
by striking out "in court or in chambers" in the second and
third lines.

2. Clause a of subsection 1 of section 29 of the said Act, as re- ai^nde^^-
enacted by the Statutes of Ontario, 1971, chapter 57, section 3,
is amended by striking out "in court or in chambers" in the
second line.

3. — (1) Sections 38 and 39 of the said Act are repealed and the s^^j^^^^^^
following substituted therefor: 8.39.

" repealed

38. — (1) In this section, "prime rate" means the lowest JJj^|^'"a,te
rate of interest quoted by chartered banks to the most
credit-worthy borrowers for prime business loans, as deter-
mined and published by the Bank of Canada.

(2) For the purposes of establishing the prime rate, thei**®'"
periodic publication entitled the Bank of Canada Review
purporting to be published by the Bank of Canada is ad-
missible in evidence as conclusive proof of the prime rate as

set out therein, without further proof of the authenticity
of the publication.

(3) Subject to subsection 6, a person who is entitled to a^^^'^en'^
judgment for the payment of money is entitled to claim and

have included in the judgment an award of interest thereon,

special
damages

Exclusions

(a) at the prime rate existing for the month preceding
the month on which the action was commenced ; and

(6) calculated,

(i) where the judgment is given upon a liquidated
claim, from the date the cause of action arose
to the date of judgment, or

(ii) where the judgment is given upon an un-
liquidated claim, from the date the person
entitled gave notice in writing of his claim
to the person liable therefor to the date of the
judgment.

(4) Where the judgment includes an amount for special
damages, the interest calculated under subsection 3 shall be
calculated on the balance of special damages incurred as
totalled at the end of each six month period following the
notice in writing referred to in subclause ii of clause b of sub-
section 3 and at the date of the judgment.

(5) Interest under this section shall not be awarded,

(a) on exemplary or punitive damages ;

(b) on interest accruing under this section ;

(d) on that part of the judgment that represents
pecuniary loss arising after the date of the judgment
and that is identified by a finding of the court ;

(e) except by consent of the judgment debtor where the
judgment is given on consent ;

(/) where interest is payable by a right other than
under this section.

Discretion
ofjadge

(6) The judge may, where he considers it to be just to do so
in all the circumstances,

(a) disallow interest under this section ;

(b) fix a rate of interest higher or lower than the prime
rate;

Sections 4 and 5. The amendments are to the provisions for the
obtaining and registering of certificates of lis pendens and rautions arising
from them. The principal changes are:

1. Persons who make spurious claims for the purf>ose of registering
a lis pendens are subject to liability for damages ;

2. Applications to vacate a lis pendens in the High Court may be
dealt with by a local judge;

3. The judge granting an order vacating a lis pendens may order a
stay on registration for the purposes of an appeal.

in respect of the whole or any part of the amount for which
judgment is given.

(2) This section appHes to the payment of money under o/'gPlbs^i^^"
judgments dehvered after this section comes into force,
but no interest shall be awarded under this section for a
period before this section comes into force.

4.— (1) Section 41 of the said Act is amended by adding thereto l^j^^j^^g^j
the following subsections :

(4) Any person who registers a certificate or caution referred f^^**'"^*'^
to in subsection 1 without a reasonable claim to title to oru°substan-

tiatea

interest in the land is liable for any damages sustained by claim
any person as a result of its registration.

(5) The liability for damages under subsection 4 and the ^f®^°^®^gg
amount thereof may be determined in an action commenced
therefor in the court in which the certificate is issued or by
application in the proceeding for an order to vacate the
caution or certificate or in the action or proceeding in which

the question of title to or interest in the land is determined.

(2) This section does not apply in respect of cautions or Application
certificates registered before this section comes into
force.

5. — (1) Subsection 2 of section 42 of the said Act is amended by » 42(2),

' "^ amended

striking out "High Court" in the eighth and ninth hnes
and inserting in lieu thereof "court in which the action or
proceeding was commenced".

(2) Subsection 3 of the said section 42 is amended by striking amended
out "High Court" in the first line and inserting in lieu
thereof "court in which the action or proceeding was
commenced".

(3) Subsection 5 of the said section 42 is repealed and the "e^g^^cted
following substituted therefor :

(5) The order vacating a caution or certificate is subject Appeal
to appeal according to the practice in like cases and may be
registered in the same manner as a judgment affecting land,
except that the judge granting the order may order a stay
of the registration for the purposes of the appeal.

(4) The said section 42, as amended by the Statutes of Ontario, |;^ended
1974, chapter 81, section 2, is further amended by adding
thereto the following subsection :

Jurisdiction
of local
jodffe

s.aB(0).
amended

8.»4(1).

re-enacted

Holiday
defined

(7) The jurisdiction of a judge of the High Court under
this section and section 41 may be exercised by a local judge
of the High Court.

6. Subsection 6 of section 69 of the said Act is amended by
striking out "sitting in chambers" in the second line.

7. Subsection 1 of section 94 of the said Act is repealed and the
following substituted therefor :

(1) In this section, "holiday" means,

(a) Saturday;

(b) Sunday;

R.8.0. 1970.
C.386

B. 114(10)(/).
amended

8. — (1) Clause/ of subsection 10 of section 114 of the said Act, as
amended by the Statutes of Ontario, 1975, chapter 30,
section 6, is further amended by striking out "in chambers"
in the tenth and eleventh Hues.

8. 114 (10).
amended

(2) Subsection 10 of the said section 114, as amended by the
Statutes of Ontario, 1971, chapter 57, section 4 and 1975,
chapter 30, section 6, is further amended by adding thereto
the following clause :

{fa) providing for the hearing of motions in private.

8.115(2).
amended

8. 116 (3).
repealed

8.125.
amended

9. Subsection 2 of section 115 of the said Act is amended by
striking out "Lieutenant Governor" in the first hne and insert-
ing in lieu thereof "Attorney General".

10. Subsection 3 of section 116 of the said Act is repealed.

11. Section 125 of the said Act is amended by striking out "or in
chambers" in the first and second lines.

Motions In
chambers
deemed
In court

12. Where, by any Act, provision is made for a proceeding to be
taken before a judge or court by motion in chambers, such
provision shall be deemed to provide that the proceeding be by
motion in court.

Application
of ss. 1 (2). 2. 6.
8.11.12

13. Subsection 2 of section 1 and sections 2, 6, 8, 11 and 12 do not
apply in respect of motions commenced before those sections
come into force.

Section 6. Complementary to section 12 of this Bill.

Section 7. The definition of holiday is made to accord with the
wording used in respect of other public offices.

Section 8. Complementary to section 12 of this Bill.

Section 9. The amendment requires the Council of Judges to report
to the Attorney General instead of the Lieutenant Governor.

Section 10. The provision deleted would prohibit the judges from
delegating to a committee the duty of meeting as a Council of Judges.
The deletion will permit a committee to perform the duties of the Council.

Section 1 1 . Complementary to section 12 of this Bill.

Section 12. The Ontario Law Reform Commission recommended
in chapter 6 of Part I of its Report on the Administration of Justice that
chambers motions be abolished and all motions be in open court. In the
implementation of this recommendation this provision would convert
references to motions in chambers whert' they occur in the statutes, to
motions in court.

14. — (1) This Act, except subsection 2 of section 1, and sections 6, m°e^r^°^^
8, 11 and 12, comes into force on the day it receives
Royal Assent.

(2) Subsection 2 of section 1 and sections 6, 8, 11 and 12i<*6™
come into force on a day to be named by proclamation
of the Lieutenant Governor.

15. The short title of this Act is The Judicature Amendment /I c/, short title
1977.

Ill

u
Z

t-t-

t-o

[>^

'■n

Si-

A-

5^0

:— 1

(-»■

r-h

(-►

BILL 77 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Judicature Act

The Hon. R. McMurtry
Attorney General

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. — Subsection 1. The clause repealed provides for appeals
from decisions under The Judicial Review Procedure Act, 1971. The appeals
are provided for by section 6 (4) of that Act, as re-enacted by the Statutes
of Ontario, 1976, chapter 45, section 1.

Subsection 2. Complementary to section 12 of this Bill.

Section 2. Complementary to section 12 of this Bill.

Section 3. Provision is made for the awarding of prejudgment interest.

BILL 77 1977

An Act to amend The Judicature Act

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

1. — (1) Clause c of subsection 1 of section 17 of The Judicature IJ^^^^J^^^-
Act, being chapter 228 of the Revised Statutes of Ontario,
1970, as re-enacted by the Statutes of Ontario, 1971,
chapter 57, section 1, is repealed.

(2) Clause d of subsection 1 of the said section 17 is amended amended^'
by striking out "in court or in chambers" in the second and
third lines.

2. Clause a of subsection 1 of section 29 of the said Act, as re- a^nj^e^^^-
enacted by the Statutes of Ontario, 1971, chapter 57, section 3,
is amended by striking out "in court or in chambers" in the
second line.

3. — (1) Sections 38 and 39 of the said Act are repealed and the s^^j^^^^.^^
following substituted therefor : s. 39,

" repealed

38. — (1) In this section, "prime rate" means the lowest ^^^^l^rate
rate of interest quoted by chartered banks to the most
credit- worthy borrowers for prime business loans, as deter-
mined and published by the Bank of Canada.

(2) For the purposes of establishing the prime rate, thei<*e™
periodic publication entitled the Bank of Canada Review
purporting to be published by the Bank of Canada is ad-
missible in evidence as conclusivu proof of the prime rate as

set out therein, without further proof of the authenticity
of the publication.

(3) Subject to subsection 6, a person who is entitled to a P|"^l|:»^d^'"ent
judgment for the payment of money is entitled to claim and

have included in the judgment an award of interest thereon,

Special
damages

Elxclusions

(a) at the prime rate existing for the month preceding
the month on which the action was commenced ; and

(b) calculated,

(i) where the judgment is given upon a liquidated
claim, from the date the cause of action arose
to the date of judgment, 6r

(ii) where the judgment is given upon an un-
liquidated claim, from the date the person
entitled gave notice in writing of his claim
to the person liable therefor to the date of the
judgment.

(5) Interest under this section shall not be awarded,
(a) on exemplary or punitive damages ;
(6) on interest accruing under this section ;

{d) on that part of the judgment that represents
pecuniary loss arising after the date of the judgment
and that is identified by a finding of the court ;

(e) except by consent of the judgment debtor where the
judgment is given on consent ;

if) where interest is payable by a right other than
under this section.

Discretion
of Judge

(6) The judge may, where he considers it to be just to do so
in all the circumstances.

(a) disallow interest under this section ;

(b) fix a rate of interest higher or lower than the prime
rate;

Sections 4 and 5. The amendments are to the provisions for the
obtaining and registering of certificates of lis pendens and cautions arising
from them. The princif>al changes are :

1. Persons who make spurious claims for the purpose of registering
a lis pendens are subject to liability for damages ;

2. Applications to vacate a lis pendens in the High Court may be
dealt with by a local judge ;

3. The judge granting an order vacating a Its pendens may order a
stay on registration for the purposes of an apjjeal.

in respect of the whole or any part of the amount for which
judgment is given.

(2) This section applies to the payment of money under ^/'gPjJ,^*^^"'^
judgments deHvered after this section comes into force,
but no interest shall be awarded under this section for a
period before this section comes into force.

4. — (1) Section 41 of the said Act is amended by adding thereto 1^^^^^^^^^
the following subsections :

(4) Any person who registers a certificate or caution referred f^**^^"*^^
to in subsection 1 without a reasonable claim to title to or ^nsjibstan-

tiatea

interest in the land is liable for any damages sustamed by claim
any person as a result of its registration.

(5) The liability for damages under subsection 4 and the^f^^°^®^y
amount thereof may be determined in an action commenced
therefor in the court in which the certificate is issued or by
application in the proceeding for an order to vacate the
caution or certificate or in the action or proceeding in which

the question of title to or interest in the land is determined.

(2) This section does not apply in respect of cautions or^PP^*^*"°"
certificates registered before this section comes into
force.

5. — (1) Subsection 2 of section 42 of the said Act is amended by |j^<^2^)^^
striking out "High Court" in the eighth and ninth lines
and inserting in lieu thereof "court in which the action or
proceeding was commenced".

(2) Subsection 3 of the said section 42 is amended by striking |j^|^^)^^
out "High Court" in the first line and inserting in lieu
thereof "court in which the action or proceeding was
commenced".

(3) Subsection 5 of the said section 42 is repealed and the re-enacted
following substituted therefor:

(4) The said section 42, as amended by the Statutes of Ontario, Ij^l^ded
1974, chapter 81, section 2, is further amended by adding
thereto the following subsection :

JurisdlotloQ
of local
Judge

(7) The jurisdiction of a judge of the High Court under
this section and section 41 may be exercised by a local judge
of the High Court.

B. 69 (6).
amended

6. Subsection 6 of section 69 of the said Act is amended by
striking out "sitting in chambers" in the second line.

8.94(1).
re-enacted

7. Subsection 1 of section 94 of the said Act is repealed and the
following substituted therefor :

Holiday
defined

(1) In this section, "holiday" means,

(a) Saturday;

(b) Sunday;

R.S.0. 1970.
0.386

8. 114 (10) (/).
amended

s. 114 (10).
amended

(fa) prescribing motions that need not be heard in open
court.

s. 114a,
enacted

9. The said Act is amended by adding thereto the following
section :

Motions In
open court

114a. Notwithstanding the provisions of this or any other
Act or regulation, all motions and applications shall be heard
in open court, except as provided by the rules. "^pj

8. 115 (2).
amended

10. Subsection 2 of section 115 of the said Act is amended by
striking out "Lieutenant Governor" in the first line and insert-
ing in lieu thereof "Attorney General".

8. 116 (3),
repealed

8.123.
amended

11. Subsection 3 of section 116 of the said Act is repealed.

12. Section 123 of the said Act is amended by inserting after
"82" in the fourth line "114a".

Section 6. Complementary to section 12 of this Bill.

Section 7. The definition of holiday is made to accord with the
wording used in respect of other public offices.

Section 8. Complementary to section 12 of this Bill.

Section 9. The Ontario Law Reform Commission recommended
in chapter 6 of Part I of its Report on the Administration of Justice that
chambers motions be abolished and all motions be in open court. In the
implementation of this recommendation, this provision would convert
references to motions in chambers where they occur in the statutes, to
motions in court.

Section 10. The amendment requires the Council of Judges to report
to the Attorney General instead of the Lieutenant Governor.

Section 11. The provision deleted would prohibit the judges from
delegating to a committee the duty of meeting as a Council of Judges.
The deletion will permit a committee to perform the duties of the Council.

Section 13. Complementary to section 9 of this Bill.

13. Section 125 of the said Act is amended by striking out "or in l^jjl^ji^gjj
chambers" in the first and second lines.

14. Subsection 2 of section 1 and sections 2, 6, 8, 9, 12 and 13 J^gP^ffl^'^e.
do not apply in respect of motions commenced before those 8- n. 12
sections come into force.

15. — (1) This Act, except subsection 2 of section 1, and sections 2,^°^^®°^®-
6, 8, 9, 12 and 13, comes into force on the day it receives
Royal Assent.

(2) Subsection 2 of section 1 and sections 2, 6, 8, 9, 12 andi*®™
13 come into force on a day to be named by proclamation
of the Lieutenant Governor.

16. The short title of this Act is The Judicature Amendment /I c^, short title
1977.

^ ^

«M.

«>

c?"

^>«.

l»

«>

tl3

C/5

?s-

«>

H
a
w

r-t-

t\J

►-^

t^o

(T>

S
«>

«»

C/1

)— '

(-^

Si-

C/l

r* .

V* .

l-f-

O
^
^

Pi 1-t

pj O

^ i

> 3

BILL 77

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Judicature Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 77 1977

An Act to amend The Judicature Act

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

1. — (1) Clause c of subsection 1 of section 17 of The Judicature^^^^ll^l^-
Act, being chapter 228 of the Revised Statutes of Ontario,
1970, as re-enacted by the Statutes of Ontario, 1971,
chapter 57, section 1, is repealed.

(2) Clause d of subsection 1 of the said section 17 is amended Imlnded^'
by striking out "in court or in chambers" in the second and
third lines.

2. Clause a of subsection 1 of section 29 of the said Act, as re- ?-^ll^^?^-

' amenaed

enacted by the Statutes of Ontario, 1971, chapter 57, section 3,
is amended by striking out "in court or in chambers" in the
second line.

3. — (1) Sections 38 and 39 of the said Act are repealed and the « 38,

^ ' . . , , , '^ re-enacted,

followmg substituted therefor : s. 39.

repealed

38. — (1) In this section, "prime rate" means the lowest Primerate
rate of interest quoted by chartered banks to the most
credit-worthy borrowers for prime business loans, as deter-
mined and published by the Bank of Canada.

>et out therein, without further proof of the authenticity
of the publication.

(3) Subject to subsection 6, a person who is entitled to a P[«j^g<i^Rment
judgment for the payment of money is entitled to claim and

have included in the judgment an award of interest thereon,

(a) at the prime rate existing for the month preceding
the month on which the action was commenced; and

(6) calculated,

(i) where the judgment is given upon a liquidated
claim, from the date the cause of action arose
to the date of judgment, 6r

(ii) where the judgment is given upon an un-
liquidated claim, from the date the person
entitled gave notice in writing of his claim
to the person liable therefor to the date of the
judgment.

damages (^) Where the judgment includes an amount for special

damages, the interest calculated under subsection 3 shall be
calculated on the balance of special damages incurred as
totalled at the end of each six month period following the
notice in writing referred to in subclause ii of clause b of sub-
section 3 and at the date of the judgment.

Exclusions (5) Interest under this section shall not be awarded,

{a) on exemplary or punitive damages ;

(b) on interest accruing under this section ;

(d) on that part of the judgment that represents
pecuniary loss arising after the date of the judgment
and that is identified by a finding of the court ;

(e) except by consent of the judgment debtor where the
judgment is given on consent ;

if) where interest is payable by a right other than
under this section.

onSd|?°" (6) The judge may, where he considers it to be just to do so

in all the circumstances,

{a) disallow interest under this section ;

(b) fix a rate of interest higher or lower than the prime
rate;

in respect of the whole or any part of the amount for which
judgment is given.

(2) This section applies to the payment of money under Amplication
judgments delivered after this section comes into force,
but no interest shall be awarded under this section for a
period before this section comes into force.

4. — (1) Section 41 of the said Act is amended by adding thereto Ij^^-^^j^^
the following subsections :

(4) Any person who registers a certificate or caution referred f^^*''"**^
to in subsection 1 without a reasonable claim to title to or ^pj^bstan-

tlated

interest in the land is liable for any damages sustained by claim
any person as a result of its registration.

(5) The liability for damages under subsection 4 and thejecove^y^
amount thereof may be determined in an action commenced
therefor in the court in which the certificate is issued or by
application in the proceeding for an order to vacate the
caution or certificate or in the action or proceeding in which

the question of title to or interest in the land is determined.

(2) This section does not apply in respect of cautions or-^PP"°*"°°
certificates registered before this section comes into
force.

5.— (1) Subsection 2 of section 42 of the said Act is amended by s- 42(2).

£LrT16IlQ6Q

striking out "High Court" in the eighth and ninth lines
and inserting in lieu thereof "court in which the action or
proceeding was commenced".

(2) Subsection 3 of the said section 42 is amended by striking amended
out "High Court" in the first line and inserting in Heu
thereof "court in which the action or proceeding was
commenced".

(3) Subsection 5 of the said section 42 is repealed and the ^g^g^^^v a
following substituted therefor:

(4) The said section 42, as amended by the Statutes of Ontario, Ij^en^g^
1974, chapter 81, section 2, is further amended by adding
thereto the following subsection :

Jurisdiction
of local
Judge

(7) The jurisdiction of a judge of the High Court under
this section and section 41 may be exercised by a local judge
of the High Court.

8. 69 (6).
amended

6. Subsection 6 of section 69 of the said Act is amended by
striking out "sitting in chambers" in the second line.

8.94(1).
re-«nacted

7. Subsection 1 of section 94 of the said Act is repealed and the
following substituted therefor :

Holiday
defined

(1) In this section, "holiday" means,
(a) Saturday;
{b) Sunday;

R.S.0. 1970.
0.386

{c) a day that is a holiday for civil servants as pre-
scribed by the regulations under The Public Service
Act.

8. 114 (10) (A
amended

8. — (1) Clause /of subsection 10 of section 114 of the said Act, as
amended by the Statutes of Ontario, 1975, chapter 30,
section 6, is further amended by striking out "in chambers"
in the tenth and eleventh lines.

8.114(10).
amended

(fa) prescribing motions that need not be heard in open
court.

8. 114a,
enacted

9. The said Act is amended by adding thereto the following
section ;

Motions in
open court

114a. Notwithstanding the provisions of this or any other
Act or regulation, all motions and applications shall be heard
in open court, except as provided by the rules.

8.115(2).
amended

10. Subsection 2 of section 115 of the said Act is amended by
striking out "Lieutenant Governor" in the first line and insert-
ing in lieu thereof "Attorney General".

8. 116 (3),
repealed

11. Subsection 3 of section 116 of the said Act is repealed.

8.123,
amended

12. Section 123 of the said Act is amended by inserting after
"82" in the fourth line "114a".

13. Section 125 of the said Act is amended by striking out "or in I^Jj^j^^g^
chambers" in the first and second Hnes.

14. Subsection 2 of section 1 and sections 2, 6, 8, 9, 12 and 13 ^^gPg^f^aTa'^e.
do not apply in respect of motions commenced before those 8. n- 12
sections come into force.

15. — (1) This Act, except subsection 2 of section 1, and sections 2,^°^^®°°®-
6, 8, 9, 12 and 13, comes into force on the day it receives
Royal Assent.

(2) Subsection 2 of section 1 and sections 2, 6, 8, 9, 12 andi^e'"
13 come into force on a day to be named by proclamation
of the Lieutenant Governor.

16. The short title of this Act is The Judicature Amendment yld, short title
1977.

H
W
m

o o

r-h

c-o

r\)

^»

3
a-

S
»,

•-J

■-1

h- '

r-h

54.

l-t-

1/5

Si-

in-

1— '

(^'

i-t-

-o

■^

--J

CO 3

O' r*

P O

> 3

BILL 78 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The County Judges Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The amendments make provision for an Associate Chief Judge of the
County and District Courts.

BILL 78 1977

An Act to amend The County Judges Act

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

1. Section 1 of The County Judges Act, being chapter 95 of the re-enacted
Revised Statutes of Ontario, 1970, is repealed and the following
substituted therefor:

1. In addition to the judges otherwise provided for inju^®^eand
this Act, a Chief Judge of the County and District Courts, ^§f°^i*^| e
herein referred to as the chief judge, and an Associate Chief
Judge of the County and District Courts may be appointed,
and they shall have all the powers of a judge throughout
Ontario.

2. Subsection 2 of section 5 of the said Act, as amended by the re-enacted
Statutes of Ontario, 1976, chapter 15, section 2, is repealed
and the following substituted therefor:

(2) The chief judge has rank and precedence over all other S^cedemse
judges and, after the associate chief judge, the judges, junior
judges and supernumerary judges have rank and precedence
among themselves according to seniority of appointment.

3. This Act comes into force on a day to be named by proclamation m^^f^®"^®'
of the Lieutenant Governor.

4. The short title of this Act is The County Judges Amendment ^^°^^^^^^^
Act, J 977.

-t

►<

>3
a-
I'

O
o

►i

^ >

§>

3 O

^ 3

(/I 3

BILL 78

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The County Judges Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 78 1977

An Act to amend The County Judges Act

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

1. Section 1 of The County Judges Act, being chapter 95 of the re-enacted
Revised Statutes of Ontario, 1970, is repealed and the following
substituted therefor:

1. In addition to the judges otherwise provided for inj^^|^eanci
this Act, a Chief Judge of the County and District Courts, cMef Judge
herein referred to as the chief judge, and an Associate Chief
Judge of the County and District Courts may be appointed,
and they shall have all the powers of a judge throughout
Ontario.

2. Subsection 2 of section 5 of the said Act, as amended by the re-enacted
Statutes of Ontario, 1976, chapter 15, section 2, is repealed

and the following substituted therefor:

(2) The chief judge has rank and precedence over all other ^ce(fem;e
judges and, after the associate chief judge, the judges, junior
judges and supernumerary judges have rank and precedence
among themselves according to seniority of appointment.

3. This Act comes into force on a day to be named by proclamation m°e^r^°°*
of the Lieutenant Governor.

4. The short title of this Act is The County Judges A mendment ^^°^^ ""®
Act, 1977.

H
w

3 •

— w

•<

k«.

?x,

?i.

1-^

•-I

tsj

^
«>

1-^

H-.

C/1

^
^

If)

I-*

Ort)

>—^

t-^

-vl

O 3

§>

3 o

^ 3

c/> 3

BILL 79 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Judicature Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The offices of Associate Chief Justice of Ontario and Associate Chief
Justice of the High Court are established. The addition of the Associate
Chief Justice of Ontario adds one justice to the Court of Appeal and the
number of judges of the High Court is increased from a total of thirty-eight
to a total of forty-two.

BILL 79 1977

An Act to amend The Judicature Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

follows:

1. — (1) Subsection 1 of section 4 of The Judicature Act, being |,J^JJ^gjj
chapter 228 of the Revised Statutes of Ontario, 1970,
as amended by the Statutes of Ontario, 1974, chapter 81,
section 1, is further amended by inserting after "Ontario"
in the third line "an Associate Chief Justice of Ontario".

(2) Subsection 2 of the said section 4 is repealed and the s^^^(5>^pj.gjj
following substituted therefor:

(2) Where the Chief Justice of Ontario is absent from Absence of
the Judicial District of York or where he is for any reason Justice
unable to act, his powers and duties as president of the
Court of Appeal shall be exercised and performed by the
Associate Chief Justice of Ontario in his stead or, where
both are absent or unable to act by the senior justice of
appeal who is able to act.

2. — (1) Subsection 1 of section 5 of the said Act, as amended |jj^j>^g^
by the Statutes of Ontario, 1976, chapter 86, section 1,
is further amended by striking out "and thirty-seven
other judges" in the third line and in the amendment
of 1976 and inserting in lieu thereof "an Associate Chief
Justice of the High Court, and forty other judges".

(2) Subsection 2 of the said section 5 is repealed and the %^.^^^^^i
following substituted therefor:

(2) Where the Chief Justice of the High Court is absent Absence o^f^^
from Ontario or where he is for any reason unable to act, o'the

-' High Court

his powers shall be exercised and his duties performed by
the Associate Chief Justice o*f the High Court in his stead or,
where both are absent or unable to act, by the senior judge
of the High Court who is able to act.

8.8.

amended

Idem

8.8(3).
amended

C!ommence-
ment

Short title

3. — (1) Section 8 of the said Act, as amended by the Statute^
of Ontario, 1972, chapter 159, section 3, is further amended*
by adding thereto the following subsection:

(2a) The Associate Chief Justice of Ontario has rank and
precedence next after the Chief Justice of the High Court
and the Associate Chief Justice of the High Court has rank
and precedence next after the Associate Chief Justice ofj
Ontario.

(2) Subsection 3 of the said section 8, as amended by the
Statutes of Ontario, 1972, chapter 159, section 3, is further
amended by inserting after "the" where it occurs the
first time in the second line "Associate".

4. This Act comes into force on a day to be named by proclama-
tion of the Lieutenant Governor.

5. The short title of this Act is The Judicature Amendment Act,
1977.

ffi

ft
a-

l-h

t\>

;»

sa.

ft-

t**fc

►1

cx»

rt-

ft.

ft-

^ .

1— »

CAj

<-♦

^-^

BILL 79

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Judicature Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 79 1977

An Act to amend The Judicature Act

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

1. — (1) Subsection 1 of section 4 of The Judicature Act, being Ij^^^^^^^j
chapter 228 of the Revised Statutes of Ontario, 1970,
as amended by the Statutes of Ontario, 1974, chapter 81,
section 1, is further amended by inserting after "Ontario"
in the third line "an Associate Chief Justice of Ontario".

(2) Subsection 2 of the said section 4 is repealed and the ^e-enacted
following substituted therefor:

2. — (1) Subsection 1 of section 5 of the said Act, as amended Ij^^J^^^g^
by the Statutes of Ontario, 1976, chapter 86, section 1,
is further amended by striking out "and thirty-seven
other judges" in the third line and in the amendment
of 1976 and inserting in lieu thereof "an Associate Chief
Justice of the High Court, and forty other judges".

(2) Subsection 2 of the said section 5 is repealed and the re-Jnacted
following substituted therefor:

(2) Where the Chief Justice of the High Court is absent JJ|»«°^«o.^^g
from Ontario or where he is for any reason unable to act, '^^^^
his powers shall be exercised and his duties performed by
the Associate Chief Justice of the High Court in his stead or,
where both are absent or unable to act, by the senior judge
of the High Court who is able to act.

8.8,

amended

Idem

8. — (1) Section 8 of the said Act, as amended by the Statutes
of Ontario, 1972, chapter 159, section 3, is further amended
by adding thereto the following subsection:

8.8(3).
amended

Commence-
ment

4. This Act comes into force on a day to be named by proclama-
tion of the Lieutenant Governor.

Short title

5. The short title of this Act is The Judicature Amendment Act,
1977.

3 ^

'-- W
H
W
►<5

<-^

«-0

C\J

►-«

ft-

f/5

•-1

•-)

c»

"-1

«>

C/1

t— ^

1 -

ft.

C/)

S-

«>.

(-»■

**.

^-^

•— '

1-^

cy<a

-vl

•^

-J

— 1

r-t-

"1
re

BILL 80 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Provincial Courts Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. The amendment would provide for an associate chief judge
in each division of the provincial courts.

Section 2. Provision is made for the awarding of costs in the provincial
courts (family division).

BILL 80 1977

An Act to amend The Provincial Courts Act

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

1. Subsection 2 of section 10 of The Provincial Courts Act, being ^^10^2),^^^
chapter 369 of the Revised Statutes of Ontario, 1970, is repealed
and the following substituted therefor:

(2) The Lieutenant Governor in Council may appoint a ^hfe°fj*udges
judge as associate chief judge of the provincial courts (criminal
division) and a judge as associate chief judge of the pro-
vincial courts (family division).

2. — (1) Subsection 3 of section 26 of the said Act is amended by l^^^^^^^^j
adding thereto the following clause:

(6a) providing for the taxation of costs and prescribing
tariffs therefor.

(2) The said section 26 is amended by adding thereto the li^lndeci
following subsection:

(5) Section 82 of The Judicature Act appHes to the pro- cost?

RSO 1970

vincial court (family division) and to judges presiding in the c.228
court.

3. This Act comes into force on the day it receives Royal Assent. m°e^r*°°^

4. The short title of this Act is The Provincial Courts Amendment short title
Act, 1977.

o
<s

r-f-
O

1-1

C-0

ft-

t\J

K«

Si-

<T>

C/1

<-h

i»:

•XJ >

S.>

o '^

o 3

BILL 80

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Provincial Courts Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 80 1977

An Act to amend The Provincial Courts Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

follows:

1. Subsection 2 of section 10 of The Provincial Courts Act, being ^^^Oj^^x^^^j
chapter 369 of the Revised Statutes of Ontario, 1970, is repealed
and the following substituted therefor:

(2) The Lieutenant Governor in Council may appoint a ^hfef'judges
judge as associate chief judge of the provincial courts (criminal
division) and a judge as associate chief judge of the pro-
vincial courts (family division).

2. — (1) Subsection 3 of section 26 of the said Act is amended by |j^|^3^>^jj
adding thereto the following clause:

{ha) providing for the taxation of costs and prescribing
tariffs therefor.

(2) The said section 26 is amended by adding thereto the amended
following subsection:

(5) Section 82 of The Judicature Act appHes to the pro- <^o8ts
vincial court (family division) and to judges presiding in the c. 228
court.

3. This Act comes into force on the day it receives Royal Assent. m°e™t"^"''^

4. The short title of this Act is The Provincial Courts Amendment short title
Act. 1977.

ffi

ft-
O

«<

i-t-

c-o

t\i

►».

'A.

-1

t— '

l-K

Si-

t/j

?i-

**.

r-^

^ •

<-»■

**.

►— '

1— »

■^

>-j

--J

3 =^

^. >

o "^

o 3

c n>

BILL 81 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Small Claims Courts Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1 . Certified mail that has been delivered is included in instances
where service by registered mail is authorized.

Section 2. Provision is made for the appointment, tenure and
removal from office of small claims court judges, similar to the provisions
applicable to provincial judges, including extending the jurisdiction of the
Judicial Council for Provincial Judges to small claims court judges.

BILL 81 1977

An Act to amend The Small Claims Courts Act

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

1. Subsection 1 of section 1 of The Small Claims Courts ^c^, amended
being chapter 439 of the Revised Statutes of Ontario, 1970,

is amended by adding thereto the following clause :

{la) "registered mail" includes certified mail where
evidence of delivery is returned to the sender.

2. Section 11 of the said Act is repealed and the following sub- s. ii,

.-,,,,, , re-enacted

stituted therefor:

11. — (1) The Lieutenant Governor in Council on the recom- Appointment
mendation of the Attorney General may appoint such small
claims court judges as are considered necessary.

(2) Every judge appointed under this section shall take °*'^
and subscribe the following oath before the Chief Judge of
the County and District Courts or a judge designated by
him:

do swear that I will truly and faithfully, according to my skill and
knowledge, execute the several duties, powers and trusts of the
Small Claims Courts, so help me God.

and also the oath of allegiance as required by The Public ^•^■
Officers Act.

1970,

(3) The oath of office and oath of allegiance shall be^2|*^g«f°^
transmitted forthwith to the Inspector of Legal Offices and

shall be filed in his office.

(4) A judge appointed under this section may be removed ^^'^o^*^
from office before attaining retirement age only for mis-
behaviour or for inability to perform his duties properly

and only if,

{a) the circumstances respecting the misbehaviour or
inabihty are first inquired into; and

(b) the judge is given reasonable notice of the time
and place for the inquiry and is afforded an
opportunity, by himself or his counsel, of being
heard and of cross-examining the witnesses and
of producing evidence on his own behalf.

Inquiry

1971, c. 49

(5) For the purpose of making an inquiry under sub-
section 4, the Lieutenant Governor in Council may appoint
one or more judges of the Supreme Court who shall make
the inquiry and report thereon, and a judge so appointed
has the powers of a Commission under Part II of The Public
Inquiries Act, 197 1, which Part applies to such inquiry
as if it were an inquiry under that Act.

Order for
removal

(6) An order removing a judge from office under this
section may be made by the Lieutenant Governor in
Council and the order and the report of the inquiry shall
be laid before the Legislative Assembly if it is in session
or, if not, within fifteen days after the commencement of
the next ensuing session.

Retirement

Ua. — (1) Every judge appointed under section 11 shall
retire upon attaining the age of sixty-five years.

Reappoint-
ment

(2) Upon attaining an age for retirement under sub-
section 1, a judge may be reappointed to hold office during
pleasure but shall not hold office after attaining the age of
seventy-five years.

Resignation

(3) A judge may at any time resign his office in writing,
signed by him and delivered to the Attorney General.

Judicial
Council

R.S.0. 1970.

lib. The Judicial Council for Provincial Judges has the
same powers and shall perform the same duties in respect
of small claims court judges appointed under section 11 as
it has and performs under The Provincial Courts Act in
respect of provincial judges.

•.18.
amended

3. Section 18 of the said Act is amended by adding thereto the
following subsection:

Referees

(2) The Lieutenant Governor may appoint a referee for
each small claims court who shall hold office during
pleasure.

Section 3. The amendment provides for the appointment of referees
who get their powers and duties by regulation provided for in section
20 of this Bill.

Section 4. The amendment raises the monetary jurisdiction of small
claims courts from $400 to $1,000.

Section 5. The new provision provides for the awarding of prejudg-
ment interest.

4. Clauses a and h of section 54 of the said Act are repealed ^g^^^^f^-^
and the following substituted therefor:

(a) any action where the amount claimed does not
exceed $1,000 exclusive of interest;

(6) any action of replevin where the value of property
distrained, taken or detained does not exceed
$1,000; and

5. — (1) The said Act is amended by adding thereto the following l^j^^o^g^
section :

54a. — (1) In this section, "prime rate" means the lowest f^^^®
rate of interest quoted by chartered banks to the most credit- defined
worthy borrowers for prime business loans, as determined and
published by the Bank of Canada.

(2) For the purposes of establishing the prime rate, the ^'^®™
periodic publication entitled the Bank of Canada Review
purporting to be published by the Bank of Canada is admissible

in evidence as conclusive proof of the prime rate as set out
therein, without further proof of the authenticity of the
publication.

(3) Subject to subsection 6, a person who is entitled to a f^^'t^jre^^'"®"*'
judgment for the payment of money is entitled to claim and

have included in the judgment an award of interest thereon,

(a) at the prime rate existing for the month preceding
the month on which the action was commenced;
and

(6) calculated,

(i) where the judgment is given upon a liqui-
dated claim, from the date the cause of action
arose to the date of judgment, or

(ii) where the judgment is given upon an unhqui-
dated claim, from the date the person entitled
gave notice in writing of his claim to the
person liable therefor to the date of the
judgment.

(4) Where the judgment includes an amount for special fP^^^gg
damages, the interest calculated under subsection 3 shall be
calculated on the balance of special damages incurred as
totalled at the end of each six month period following the

E^cluslona

notice in writing referred to in subclause ii of clause b of
subsection 3 and at the date of the judgment.

(5) Interest under this section shall not be awarded,

(a) on exemplary or punitive damages;

(b) on interest accruing under this section ;

{d) on that part of the judgment that represents pecu-
niary loss arising after the date of the judgment
and that is identified by a finding of the court;

(e) except by consent of the judgment debtor where
the judgment is given on consent ;

(/) where interest is payable by a right other than
under this section.

Discretion
of Judge

LpplicatJ
I subs. 1

ion

repealed

Application
of subs. 1

8.96a.
enacted

What is
admissible
in evidence
at a
hearing

(6) The judge may, where he considers it to be just to do
so in all the circumstances,

(a) disallow interest under this section;

(b) fix a rate of interest higher or lower than the prime
rate;

in respect of the whole or any part of the amount for which
judgment is given.

(2) This section applies to the payment of money under
judgments delivered after this section comes into force,
but no interest shall be awarded under this section for a
period before this section comes into force.

6. — (1) Section 69 of the said Act is repealed.

(2) Subsection 1 does not apply in respect of actions com-
menced before subsection 1 comes into force.

7. The said Act is further amended by adding thereto the follow-
ing section:

96a. — (1) Subject to subsections 2 and 3, the judge may
admit as evidence at a hearing, whether or not given or
proven under oath or affirmation or admissible as evidence
in the Supreme Court,

Section 6. The section repealed permits a creditor to sue in the
court where the place of payment is situate. The ref)eal will require the
action to be brought in the division where the cause of action arose or
where the defendant resides.

Section 7. The provision added permits a judge to adopt less
technical procedures in a small claims court. The provision is similar to
that provided for by The Statutory Powers Procedure Act, 1971.

Section 8. The repealed section 98 permits books of account to be
admitted in evidence within certain limits.

The repealed section 99 provides for the authorization of affidavit
evidence by an unavailable witness.

Both provisions are replaced by the wider latitude as to admissible
evidence {>ermitted under section 96a as set out in section 7 of this Bill.

Section 9. The amendments permit an award of costs for counsel
fee where the party was represented by an articled student.

Section 10. The amendment raises the monetary limit for non-
appealable cases from under $200 to under $500.

Section 11. The amendment permits the Chief Justice to direct an
appeal from a small claims court to be heard by a single judge of Divisional
Court.

(a) any oral testimony ; and

{b) any document or other thing,

relevant to the subject-matter of the proceedings and may
act on such evidence, but the judge may exclude anything
unduly repetitious.

(2) Nothing is admissible in evidence at a hearing, inadmfssibie

in evidence
at a

(a) that would be inadmissible by reason of any Clearing
privilege under the law of evidence; or

(b) that is inadmissible by any statute.

(3) Nothing in subsection 1 overrides the provisions of conflicts
any Act expressly limiting the extent to or purposes for
which any oral testimony, documents or things may be
admitted or used in evidence in any proceedings.

(4) Where the judge is satisfied as to its authenticity, copies
a copy of a document or other thing may be admitted as
evidence at a hearing.

8. Sections 98 and 99 of the said Act are repealed. 88.98,99,

'■ repealed

9. — (1) Subsection 1 of section 104 of the said Act is amended s. io4 (i),

&>m6Il(16Cl

by inserting after "solicitor" in the third hne "or student
articled to the solicitor".

(2) Subsection 2 of the said section 104 is amended by aji^n(i^;j
inserting after "solicitor" in the third hne "or student
articled to the solicitor".

10. Clauses a and b of subsection 1 of section 108 of the said ^ lo^ (i>/a, 6).

I*6~6Il&fCL6u

Act are repealed and the following substituted therefor:

{a) in an action or garnishee proceeding where the sum
in dispute exceeds $500, exclusive of costs ;

(b) in interpleader where the money or the value of
the goods or chattels claimed or proceeds thereof
exceed $500, or where the damages claimed by or
awarded to either party against the other or
against a bailiff exceeds the sum of $300.

1 1. Subsection 1 of section 112 of the said Act, as amended bv" "^(i).

-^ re-enacted

the Revised Statutes of Ontario, 1970, chapter 439, section
112, subsection 3, is repealed and the following substituted
therefor :

Appeal

(1) The appeal shall be made in the time and manner
prescribed by the rules of court and the Chief Justice of
the High Court may, after the appeal is perfected and
where it appears to him that no issue of general interest is
raised and that expedition and the interests of the parties
would be thereby best served, order that the appeal be
heard by a single judge of the Divisional Court and a
decision of the judge shall be deemed to be a decision of
the Divisional Court.

s. 116,
•mended

12. Section 116 of the said Act, as amended by the Statutes of
Ontario, 1972, chapter 107, section 4, is further amended by
adding thereto the following subsection:

Rate of
Interest
after
Judgment

(2a) The interest payable under subsection 2 shall be at
the same rate as may be levied under a writ of execution
issued out of the Supreme Court, but a judge may order that
no interest is payable in respect of moneys owing under a
consolidation order that is not in default.

8. 131 (5).
amended

13. — (1) Subsection 5 of section 131 of the said Act is amended
by inserting after "served" in the first line "by mail or,
if directed by the judge,".

8. 131 (7).
re-enacted

(2) Subsection 7 of the said section 131 is repealed and the
following substituted therefor:

Place of
examination

(7) The examination shall not be held in open court unless
the judge is satisfied there is good reason to hold it in public.

8.132(2).
amended

14. Subsection 2 of section 132 of the said Act is amended by
inserting after "served" in the first line "by mail or, if directed
by the judge,".

a 135(1),
amended

15. Subsection 1 of section 135 of the said Act is amended by
striking out "registered mail" in the sixth line and inserting
in lieu thereof "mail or served personally as directed by the
judge".

8. 151.

repealed

Application
of sabs. 1

16. — (1) Section 151 of the said Act is repealed.

(2) Subsection 1 does not apply in respect of garnishees issued
before this section comes into force.

a 184.
re-enacted

Destruction
of documents

17. Section 184 of the said Act is repealed and the following
substituted therefor:

184. Where books, documents or papers have been pre-
served in a small claims court for so long that it appears
that they need not be preserved any longer, the Chief Judge

Section 12. The amendment confines the interest payable after
judgment to be the same as currently payable in the Supreme Court.
By rule 548, this is now 5 per cent.

Section 13. — Subsection 1. The amendment permits service of a
summons to a judgment debtor to be by mail while permitting the judge
to require service to be personal.

Subsection 2. At present, a judge may direct a judgment debtor
examination to be held in public. The amendment requires the judge to
have good reason.

Section 14. Service of a show cause summons to a judgment debtor
is in the same manner as provided for the judgment summons.

Section 15. The amendment jjermits a judge to order personal service
of a notice to explain contempt before committed.

Section 16. The section repealed permits a garnishee to be issued
before judgment.

Section 17. The amendment gives the Chief Judge of County and
District Courts the responsibility for authorizing destruction of court docu-
ments rather than the judge of the court and permits disposition other
than destruction.

Section 18. The provision repealed f>ermits Supreme Court practice
to be applied in small claims courts proceedings. The rej)ea! is comple-
mentary to section 7 of this Bill.

Section 19. The provision repealed prohibits affidavits for use in
court from being sworn before, or in the office of, the agent of a party to
the action.

Section 20. The amendments authorize regulations setting out the
duties, responsibilities and functions of referees. The authority to make
regulations for the payment of fees and for employing court officials under
The Public Service Act is extended to apply to referees in the same way as
to court clerks. Provision is also made for the remuneration and benefits
of small claims court judges to be fixed by regulation in the same manner as
for provincial judges.

Section 21. The Part repealed provides for extended monetary juris-
diction in the districts. The repeal permits the present extended jurisdiction
of $1,000 to continue, being the new limit enacted in section 4 of this
BiU.

of the County and District Courts may make an order
authorizing the Inspector to cause their destruction or other
disposition.

18. Subsection 1 of section 190 of the said Act is repealed. repealed

19. Subsection 2 of section 193 of the said Act is repealed. repealed

20.— (1) Clause aa of subsection 1 of section 195 of the said Act, |jigjiJ^^°">-
as enacted by the Statutes of Ontario, 1972, chapter 107,
section 7, is amended by inserting after "clerks" in the
first line "referees".

(2) Clause h of subsection 1 of the said section 195 issi95(i)(6),

111 r oil,,- , r- ,. amended

amended by insertmg after clerks in the first line
"referees".

(3) Subsection 1 of the said section 195, as amended by the |j^|5jj(^>jj
Statutes of Ontario, 1972, chapter 107, section 7, is
further amended by adding thereto the following clauses:

{da) prescribing the duties, responsibihties and functions
of referees;

[dh) fixing the remuneration of judges appointed under
section 11 and providing for the benefits to which
such judges are entitled, including,

(i) leave of absence and vacations,

(ii) sick leave credits and payments in respect
of such credits,

(iii) pension benefits for judges and their widows
and surviving children,

and for the transfer or other disposition of benefits
in respect thereof to which persons appointed as
judges under section 11 were entitled under ^^^Jc^3?6m?'
Public Service Act or The Public Service Super-
annuation Act at the time of their appointment
under section 11.

21. Part II of the said Act, as amended by the Revised Statutes P||rtn^^^^
of Ontario, 1970, chapter 439, section 197, subsection 3, is repealed
repealed.

22. This Act comes into force on the day it receives Royal Assent, me^t"*"^*

23. The short title of this Act is The Small Claims Courts Amend- short ui\t>
meni Act, 1977.

o
8

H
a
w

o o

3 •

O 2
a> ^
3 o

p c
— w

O
o

<-0

•—k

*■*■

•-«

r-l-

?i-

3* «

p 3
^>

3 o
(/> p

O a>
3 3

;; ^
>

BILL 81

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Small Claims Courts Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher. Queen's Printer for Ontario

BILL 81 1977

An Act to amend The Small Claims Courts Act

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

1. Subsection 1 of section 1 of The Small Claims Courts ^c^, amended
being chapter 439 of the Revised Statutes of Ontario, 1970,

is amended by adding thereto the following clause:

{la) "registered mail" includes certified mail where
evidence of delivery is returned to the sender.

2. Section 11 of the said Act is repealed and the following sub- s. ii,

Stituted therefor: re-enacted

11. — (1) The Lieutenant Governor in Council on the recom- Appointment
mendation of the Attorney General may appoint such small
claims court judges as are considered necessary.

(2) Every judge appointed under this section shall take o**^^
and subscribe the following oath before the Chief Judge of
the County and District Courts or a judge designated by
him:

do swear that I will truly and faithfully, according to my skill and
knowledge, execute the several duties, powers and trusts of the
Small Claims Courts, so help me God.

and also the oath of allegiance as required by The Public ^-^ '^^^'
Officers Act.

(3) The oath of office and oath of allegiance shall he^^[*^g«^of
transmitted forthwith to the Inspector of Legal Offices and

shall be filed in his office.

(4) A judge appointed under this section may be removed ^®™°^*^
from office before attaining retirement age only for mis-
behaviour or for inability to p)erform his duties properly

and only if,

(a) the circumstances respecting the misbehaviour or
inabihty are first inquired into; and

{b) the judge is given reasonable notice of the time!
and place for the inquiry and is afforded an|
opportunity, by himself or his counsel, of beingj
heard and of cross-examining the witnesses and
of producing evidence on his own behalf.

Inquiry

1971. c. 49

Order for
removal

Retirement

Reappoint-
ment

Resignation

Judicial
Council

R.S.0. 1970,
C.369

S.18.
amended

Referees

(5) For the purpose of making an inquiry under subl
section 4, the Lieutenant Governor in Council may appoini
one or more judges of the Supreme Court who shall malcf
the inquiry and report thereon, and a judge so appointee
has the powers of a Commission under Part II of The Publii
Inquiries Act, 1971, which Part applies to such inquiry
as if it were an inquiry under that Act.

(6) An order removing a judge from office under this]
section may be made by the Lieutenant Governor in
Council and the order and the report of the inquiry shall
be laid before the Legislative Assembly if it is in session
or, if not, within fifteen days after the commencement of
the next ensuing session.

11a. — (1) Every judge appointed under section 11 shall
retire upon attaining the age of sixty-five years.

(2) Upon attaining an age for retirement under sub-
section 1, a judge may be reappointed to hold office during
pleasure but shall not hold office after attaining the age of
seventy-five years.

(3) A judge may at any time resign his office in writing,
signed by him and delivered to the Attorney General.

116. The Judicial Council for Provincial Judges has the
same powers and shall perform the same duties in respei t
of small claims court judges appointed under section 11 as
it has and performs under The Provincial Courts Act in
respect of provincial judges.

3. Section 18 of the said Act is amended by adding thereto the
following subsection:

(2) The Lieutenant Governor may appoint a referee for j
each small claims court who shall hold office during ^
pleasure.

4. Clauses a and h of section 54 of the said Act are repealed ^e-eiacted
and the following substituted therefor:

(a) any action where the amount claimed does not
exceed $1,000 exclusive of interest;

{b) any action of replevin where the value of property
distrained, taken or detained does not exceed
$1,000; and

5. — (1) The said Act is amended by adding thereto the following Ij^^^^^^^
section :

54a. — (1) In this section, "prime rate" means the lowest f^te^®
rate of interest quoted by chartered banks to the most credit- defined
worthy borrowers for prime business loans, as determined and
published by the Bank of Canada.

(2) For the purposes of establishing the prime rate, the ^^®"^
periodic publication entitled the Bank of Canada Review
purporting to be published by the Bank of Canada is admissible

in evidence as conclusive proof of the prime rate as set out
therein, without further proof of the authenticity of the
publication.

(3) Subject to subsection 6, a person who is entitled to a I^^^J^ei^'"®"*'
judgment for the payment of money is entitled to claim and

have included in the judgment an award of interest thereon,

(a) at the prime rate existing for the month preceding
the month on which the action was commenced;
and

(6) calculated,

(i) where the judgment is given upon a liqui-
dated claim, from the date the cause of action
arose to the date of judgment, or

(ii) where the judgment is given upon an unliqui-
dated claim, from the date the person entitled
gave notice in writing of his claim to the
person liable therefor to the date of the
judgment.

(4) Where the judgment includes an amount for special f^^^^^U
damages, the interest calculated under subsection 3 shall be
calculated on the balance of special damages incurred as
totalled at the end of each six month period following the

BzOlOBlODB

notice in writing referred to in subclause ii of clause b of
subsection 3 and at the date of the judgment.

(5) Interest under this section shall not be awarded,
(a) on exemplary or punitive damages ;
{b) on interest accruing under this section ;

(d) on that part of the judgment that represents pecu-
niary loss arising after the date of the judgment
and that is identified by a finding of the court;

(e) except by consent of the judgment debtor where
the judgment is given on consent ;

(/) where interest is payable by a right other than
under this section.

Discretion
of judge

Application
01 subs. 1

8.08.
repealed

Application
01 subs. 1

(6) The judge may, where he considers it to be just to do
so in all the circumstances,

(a) disallow interest under this section;

(b) fix a rate of interest higher or lower than the prime
rate ;

in respect of the whole or any part of the amount for which
judgment is given.

(2) This section applies to the payment of money under
judgments delivered after this section comes into force,'
but no interest shall be awarded under this section for ai
period before this section comes into force.

6. — (1) Section 69 of the said Act is repealed.

(2) Subsection 1 does not apply in respect of actions com-
menced before subsection 1 comes into force.

B.96a.
enacted

7. The said Act is further amended by adding thereto the follow-
ing section:

What Is
admissible
In evidence
at a
bearing

96a. — (1) Subject to subsections 2 and 3, the judge may
admit as evidence at a hearing, whether or not given or
proven under oath or affirmation or admissible as evidence
in the Supreme Court,

{a) any oral testimony ; and

{b) any document or other thing,

relevant to the subject-matter of the proceedings and may
act on such evidence, but the judge may exclude anything
unduly repetitious.

(2) Nothing is admissible in evidence at a hearing, inadmfssibie

in evidence
at a

(a) that would be inadmissible by reason of any Clearing
privilege under the law of evidence; or

{b) that is inadmissible by any statute.

(4) Where the judge is satisfied as to its authenticity, copies
a copy of a document or other thing may be admitted as
evidence at a hearing.

8. Sections 98 and 99 of the said Act are repealed. ss. 98, 99,

'■ repealed

9. — (1) Subsection 1 of section 104 of the said Act is amended s. 104 (d,
by inserting after "solicitor" in the third line "or student
articled to the solicitor".

(2) Subsection 2 of the said section 104 is amended hy ^■'^^^^}\

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

msertmg after solicitor in the third line "or student
articled to the solicitor".

10. Clauses a and b of subsection 1 of section 108 of the said ^ losdxa, 6),

I* 6 ~ 6 H £LC tj6Q

Act are repealed and the following substituted therefor:

(a) in an action or garnishee proceeding where the sum
in dispute exceeds $500, exclusive of costs ;

{b) in interpleader where the money or the value of
the goods or chattels claimed or proceeds thereof
exceed $500, or where the damages claimed by or
awarded to either party against the other or
against a bailiff exceeds the sum of $300.

11. Subsection 1 of section 112 of the said Act, as amended bys^Zd).
the Revised Statutes of Ontario, 1970, chapter 439, section

112, subsection 3, is repealed and the following substituted
therefor :

Appeal

8. 116.

amended

(1) The appeal shall be made in the time and manner
prescribed by the rules of court and the Chief Justice of :
the High Court may, after the appeal is perfected and
where it appears to him that no issue of general interest is
raised and that expedition and the interests of the parties
would be thereby best served, order that the appeal be
heard by a single judge of the Divisional Court and a
decision of the judge shall be deemed to be a decision of
the Divisional Court.

12. Section 116 of the said Act, as amended by the Statutes of
Ontario, 1972, chapter 107, section 4, is further amended by
adding thereto the following subsection:

Rate of
interest
after
Judgment

8. 131 (5).
amended

13. — (1) Subsection 5 of section 131 of the said Act is amended
by inserting after "served" in the first line "by mail or,
if directed by the judge,".

8. 131 (7).
re-enacted

(2) Subsection 7 of the said section 131 is repealed and the
following substituted therefor:

Place of
examination

(7) The examination shall not be held in open court unless
the judge is satisfied there is good reason to hold it in public.

8.132(2).
amended

14. Subsection 2 of section 132 of the said Act is amended by
inserting after "served" in the first line "by mail or, if directed
by the judge,".

8.135(1).
amended

15. Subsection 1 of section 135 of the said Act is amended by
striking out "registered mail" in the sixth line and inserting
in lieu thereof "mail or served personally as directed by the
judge".

8. 151.

repealed

Application
of sabe. 1

16. — (1) Section 151 of the said Act is repealed.

(2) Subsection 1 does not apply in respect of garnishees issued
before this section comes into force.

8.184.
re-enacted

Destruction
of documents

17. Section 184 of the said Act is repealed and the following
substituted therefor:

184. Where books, documents or papers have been pre-
served in a small claims court for so long that it appears
that they need not be preserved any longer, the Chief Judge

of the County and District Courts may make an order
authorizing the Inspector to cause their destruction or other
disposition.

18. Subsection 1 of section 190 of the said Act is repealed. repealed

19. Subsection 2 of section 193 of the said Act is repealed. repealed

20.— (1) Clause aa of subsection 1 of section 195 of the said ^ct,l^^^ll^^''^>
as enacted by the Statutes of Ontario, 1972, chapter 107,
section 7, is amended by inserting after "clerks" in the
first line "referees".

(2) Clause h of subsection 1 of the said section 195 issi95(i)(6),

diinsriQdi

amended by inserting after "clerks" in the first hne
"referees".

(3) Subsection 1 of the said section 195, as amended by the iJ^^^jj^^^jj
Statutes of Ontario, 1972, chapter 107, section 7, is
further amended by adding thereto the following clauses:

[da) prescribing the duties, responsibilities and functions
of referees;

{dh) fixing the remuneration of judges appointed under
section 11 and providing for the benefits to which
such judges are entitled, including,

(i) leave of absence and vacations,

(ii) sick leave credits and payments in respect
of such credits,

(iii) pension benefits for judges and their widows
and surviving children,

and for the transfer or other disposition of benefits
in respect thereof to which persons appointed as
judges under section 11 were entitled under T'/j^ ^^sxx mo.
Public Service Act or The Public Service Super-
annuation Act at the time of their appointment
under section 11.

21. Part II of the said Act, as amended by the Revised Statutes Pjirj^Jjggj
of Ontario, 1970, chapter 439, section 197, subsection 3, is repealed
repealed.

22. This Act comes into force on the day it receives Royal Assent. m°e^^®°*'*'

23. The short title of this Act is The Small Claims Courts ^4 m^M<^- short title
ment Act, 1977.

ft-

(I
P.

0
0

i-f-

tNj

1»^

S
».

C/5

•-1

r^-

if)

Rk,

jj*

«».

»-*

1— *

-J

*-)

^-^

i-f

r-l-

(/)

•-1

(/)

BILL 82 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Ontario Food Terminal Act

Mr. Pope

TORONTO
Printed bv J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to authorize the Ontario Food Terminal Board
to establish a branch operation in the Territorial District of Cochrane.

BILL 82 1977

An Act to amend
The Ontario Food Terminal Act

ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

follows :

1. Clause e of section 1 of The Ontario Food Terminal Act, being s-K^^). ^

° _ ^ > o re-enacted

chapter 313 of the Revised Statutes of Ontario, 1970, is
repealed and the following substituted therefor:

{g) "Terminal" means the Ontario Food Terminal and
includes all branches thereof.

2. Clause a of subsection 1 of section 4 of the said Act is repealed re-enacted
and the following substituted therefor:

(a) to acquire, construct, equip and operate a whole-
sale fruit and produce market to be known as the
Ontario Food Terminal and to operate branches
thereof in The Municipality of Metropolitan Toronto
or Regional Municipality of York and the Ter-
ritorial District of Cochrane and to acquire and
operate such facilities for the transportation and
handling of fruit and produce as may be necessary
for the purposes of the Terminal; and

3. Subsection 2 of section 12 of the said Act is repealed and the !le-enac

following substituted therefor:

re-enacted

(2) No person shall establish or operate within the Ter- Markets
ritorial District of Cochrane any market for the sale by Cochrane
wholesale of fruit and vegetables except with the approval
of the Board, but this section does not apply to any such
market that was being regularly and continuously operated
on the day The Ontario Food Terminal Amendment Act, 1977 ,
comes into force so long as it is not extended or enlarged.

InUrpr*-
tAtlon

(3) In subsections 1 and 2, the expression "any market
for the sale by wholesale of fruit and vegetables" includes
any premises at which fruit or vegetables are purchased for
resale.

Comm«noe-
ment

Short title

4. This Act comes into force on the day it receives Royal Assent.

5. The short title of this Act is The Ontario Food Terminal
Amendment Act, 1977.

t»

o
w

Si.
>}

a-
I'

t\J

h«i^

«^

>3
Si-

r-f-

Si.

o >

O O

H§

ft) 3

>
o

BILL 83 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend
The Employment Standards Act, 1974

Mr. Breaugh

TORONTO
Printed bv J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to extend the protection for accrued wages,
overtime pay and termination pay under The Employment Standards Ad,
1974.

BILL 83 1977

An Act to amend
The Employment Standards Act, 1974

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

1. Section 14 of The Employment Standards Act, 1974, being si4,^^
chapter 112, is repealed.

2. Section 15 of the said Act is repealed and the following sub- re-enacted
stituted therefor:

15. — (1) Every employer shall be deemed to hold wages, d^emed^'^'
vacation pay and termination pay accruing due to an to be held
employee in trust for the employee and all such amounts
shall be kept by the employer separate and apart from his
own moneys.

(2) Where an employer contravenes subsection 1 and the Me™
amounts deemed to be held in trust for an employee are
not kept separate and apart by the employer, the amounts
have priority to the claims or rights of all secured, preferred
and ordinary or general creditors of the employer including
the claims or rights of the Crown.

3. This Act comes into force on the day it receives Royal Assent. ^°^®°*'®'

4. The short title of this Act is The Employment Standards ^^^^^^^^^
Amendment Act, 1977.

l»

W
w
m

c
o

Si.

l-t

t^o

►^

'•)

Si-

Si.

"H-

o"
^

>
o

I-+

^-^

C/)

^-^

(-♦

(/)

<-h

•— »

■^

BILL 84

Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Public Transportation and
Highway Improvement Act

The Hon. J. W. Snow
Minister of Transportation and Communications

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1 . Section 20 of the Act, as recast, reads as follows :

{20) The Minister and any municipality, including a district, metro-
politan or regional municipality, may enter into an agreement for
the preparation of a report on the whole or any part of the transportation
or highway system required to meet the needs of the municipality
and the Minister may direct payment out of moneys appropriated
therefor by the Legislature of a sum not exceeding 75 per cent of the
cost of the report.

The words underlined have been added to make clear that any reports
made pursuant to the section may deal with highway systems.

Subsection 2 has been added to section 20 of the Act to authorize the
Minister and municipalities to enter into agreements in respect of experi-
mental projects and it also permits payment of 75 per cent of the cost by the
Crown.

Section 2. Section 22 (1) of the Act presently reads as follows:

(/) Where the Minister or a person authorized by him considers it ad-
visable to change the grade or make other alterations upon a highway
intersecting or affording access to the King's Highway or giving access
to private property, the cost of the changes so made shall he deemed
to be part of the cost of the construction of the King's Highway.

The provision, as recast, permits the Minister to relocate or alter a
road giving access to a highway with the consent of the authority or person
having jurisdiction over the road. The cost of any changes would be deemed
to be a cost of construction of the King's Highway.

Section 30 of the Act provides that the Ministry is resf>orsible for the
maintenance and repair of the King's Highway and also deals with Ministry
liability in the event of damage caused by negligence.

BILL 84 1977

An Act to amend The Public Transportation
and Highway Improvement Act

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

1 . Section 20 of The Public Transportation and Highway Improve- re-enacted
ment Act, being chapter 201 of the Revised Statutes of Ontario,

1970, is repealed and the following substituted therefor:

20. — (1) The Minister and any municipahty, including a J^^^'^^j^jj
district, metropolitan or regional municipality, may enter ^I^Q^t^^'^'^y
into an agreement for the preparation of a report on the
whole or any part of the transportation or highway system
required to meet the needs of the municipality and the
Minister may direct payment out of moneys appropriated
therefor by the Legislature of a sum not exceeding 75 per cent
of the cost of the report.

(2) The Minister and any municipahty, including a district, ?^*^^^'jqjj
metropoUtan or regional municipality, may enter into an experimental
agreement to provide all or any part of an experimental or
demonstration project related to the transportation or high-
way system of the municipality and the Minister may direct
payment out of moneys appropriated therefor by the Legis-
lature of a sum not exceeding 75 per cent of the cost of the
project.

2. Subsection 1 of section 22 of the said Act is repealed and the ^^^^|^>^^.g^
following substituted therefor :

(1) The Minister, with the consent of the authority or^«Jo^^"°"-
person having jurisdiction and control over the road, rn ay approaches
relocate, alter or divert any public or private road entering
or touching upon or giving access to a highway under the
jurisdiction and control of the Minister.

(la) The cost of the changes made pursuant to sub- p^^^'^l ^.^^
section 1 shall be deemed to be part of the cost of the con- deemed to

^ be King's

Highway

struction of the King's Highway and during the period when
the changes are being made that portion of the road being
relocated, altered or diverted shall be deemed to be a King's
Highway for the purposes of section 30.

s.a4.

amended

3. Section 24 of the said Act, as amended by the Statutes of
Ontario, 1973, chapter 67, section 9, is further amended by
adding thereto the following subsection :

Agrreement
for road
construction

(la) The Minister may enter into agreements to construct
and maintain roads for and on behalf of a Minister of the
Crown, an agency of the Crown or Ontario Hydro.

s. 30 (9).
re-enacted

4. Subsection 9 of section 30 of the said Act is repealed and the
following substituted therefor :

Action to
be tried
without Jury

(9) An action against the Crown under this section shall be
tried by a judge without the intervention of a jury, and the
trial shall take place in the county in which the default
occurred unless otherwise ordered upon an application by any
party.

8. 41 (1),

amended

5. Subsection 1 of section 41 of the said Act is amended by
inserting after "roads" in the fifth line "between the county and
a region,".

8.86(1).
re-enacted

6. Subsection 1 of section 86 of the said Act is repealed and the
following substituted therefor:

Arrange-
ments for
construction
or
maintenance

(1) The Minister may arrange with,
(a) the Government of Canada ;

R.S.0. 1970.
C.256

(b) the local roads board elected under The Local Roads
Boards A ct :

R.S.0. 1970.
C.445

(d) a person who is the owner of land,

for the construction or maintenance of a road in territory
without municipal organization, and the Minister may direct
payment out of moneys appropriated therefor by the Legis-
lature of an amount equal to such proportion of the cost of the
work as he considers requisite.

8. 91a (2).
amended

7. — (1) Subsection 2 of section 91a of the said Act, as enacted
by the Statutes of Ontario, 1973, chapter 67, section 22,

Section 3. The provision is self-explanatory.

Section 4. The provision presently provides that all actions commenced
pursuant to section 30 shall take place in the county in which the accident
occurred. The provision as recast permits any party to the action to apply
for an order changing the venue.

Section 5. The provision, as amended, reads as follows:

(/) A county may by by-law adopt a plan of county road construction
and maintenance and establish a county road system by designating
the roads in any municipality in the county that are to form the
system and may include in the system such boundary-line roads between
the county and a region, between the county and any other county
or between the county and a city or separated town as are agreed upon
by the municipalities interested.

The words underlined are the words being added.

Section 6. The provision, as recast, includes the Government of
Canada as a party with whom the Minister may arrange for construction
or maintenance of roads in territory without municipal organization.

The provision has been slightly reworded to make clear that it applies
only in territories without municipal organization.

Section 7. — Subsection 1. The provision as amended would read as
follows :

(2) The Minister and a municipality or other person may enter into an
agreement to establish, acquire, construct, operate and maintain ferries
and to acquire lands, equipment and machinery necessary and incidental
thereto.

The words underlined are the ones being added.

Subsection 2. The provision presently reads as follows :

(3) The Minister may pay to^munictpalijy^ the whole or part of expendi-
tures by the municipality to establish, acquire, construct, operate and
maintain ferries and to acquire lands, equipment and machinery
necessary and incidental thereto.

The words underlined are the ones being deleted.

The amendments are complementary and serve to permit the Minister
to enter into agreements to establish and operate ferry services with author-
ities other than municipalities.

is amended by inserting after "municipality" in the first
line "or other person".

(2) Subsection 3 of the said section 91a is amended by|j^i°^3j^
striking out "to a municipality" in the first line and by
striking out "by the municipality" in the second line.

I 8. This Act comes into force on the day it receives Royal Assent. ^°^^®°°®"

I 9. The short title of this Act is The Public Transportation and ^^^^^ ^^^^^
Highway Improvement Amendment Act, 1977 .

3 7^

o >

o "-*■

3 P C/)

Si-

o
cr

•-1

o
^
^

S)
ft-
**.

>
n

►a S r^

BILL 84 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Public Transportation and
Highway Improvement Act

The Hon. J. W. Snow
Minister of Transportation and Communications

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed bv J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. Section 20 of the Act, as recast, reads as follows:

(20) The Minister and any municipality, including a district, metrn-
polttan or regional municipality, may enter into an agreement for
the preparation of a report on the whole or any part of the transportation
or highway system required to meet the needs of the municipality
and the Minister may direct payment out of moneys appropriated
therefor by the Legislature of a sum not exceeding 75 per cent of the
cost of the report.

The words underlined have been added to make clear that any reports
made pursuant to the section may deal with highway systems.

Section 2. Section 22 (1) of the Act presently reads as follows:

(/) Where the Minister or a person authorized by him considers it ad-
visable to change the grade or make other alterations upon a highway
intersecting or affording access to the King's Highway or giving access
to private property, the cost of the changes so made shall be deemed
to be part of the cost of the construction of the King's Highway.

Section 30 of the Act provides that the Ministry is responsible for the
maintenance and repair of the King's Highway and also deals with Ministry
liability in the event of damage caused by negligence.

BILL 84 1977

An Act to amend The Public Transportation
and Highway Improvement Act

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

1 . Section 20 of The Public Transportation and Highway Improve- re-enacted
ment Act, being chapter 201 of the Revised Statutes of Ontario,

1970, is repealed and the following substituted therefor:

20. — (1) The Minister and any municipality, including a ^^^^^^^^'^^^
district, metropolitan or regional municipality, may enter °|®Q^t^*''^**y
into an agreement for the preparation of a report on the
whole or any part of the transportation or highway system
required to meet the needs of the municipahty and the
Minister may direct payment out of moneys appropriated
therefor by the Legislature of a sum not exceeding 75 per cent
of the cost of the report.

(2) The Minister and any municipality, including a district, ?'^^^°^^"jqjj
metropolitan or regional municipality, may enter into an ®^?fecr^°'*^
agreement to provide all or any part of an experimental or
demonstration project related to the transportation or high-
way system of the municipality and the Minister may direct
payment out of moneys appropriated therefor by the Legis-
lature of a sum not exceeding 75 per cent of the cost of the
project.

2. Subsection 1 of section 22 of the said Act is repealed and the s^^^i^);^^^^
following substituted therefor :

(1) The Minister, with the consent of the authority or^«}°^^"°°-
person having jurisdiction and control over the road, "^^ly api^roa^^s
relocate, alter or divert any public or private road entering
or touching upon or giving access to a highway under the
jurisdiction and control of the Minister.

(la) The cost of the changes made pursuant to sub- d^^i°I| ^.^^^j
section 1 shall be deemed to be part of the cost of the con- deemed to

'^ be King s

Highway

B.24.
amended

3. Section 24 of the said Act, as amended by the Statutes of
Ontario, 1973, chapter 67, section 9, is further amended by
adding thereto the following subsection :

Agreement
for road
construction

(la) The Minister may enter into agreements to construct
and maintain roads for and on behalf of a Minister of the
Crown, an agency of the Crown or Ontario Hydro.

s. 30 (9).
re-enacted

4. Subsection 9 of section 30 of the said Act is repealed and the
following substituted therefor :

Action to
be tried
without Jury

8.41(1).

amended

5. Subsection 1 of section 41 of the said Act is amended by
inserting after "roads" in the fifth line "between the county and
a region,".

8.86(1).
re-enacted

6. Subsection 1 of section 86 of the said Act is repealed and the
following substituted therefor:

Arrange-
ments for
construction
or
maintenance

(1) The Minister may arrange with,
(a) the Government of Canada ;

R.S.0. 1970.
C.2S6

(6) the local roads board elected under The Local Roads
Boards Act;

R.8.0. 1970.
C.445

(d) a person who is the owner of land,

s. 91a (2).
amended

7. — (1) Subsection 2 of section 91a of the said Act, as enacted
by the Statutes of Ontario, 1973, chapter 67, section 22,

Section 3. The provision is self-explanatory.

Section 5. The provision, as amended, reads as follows:

The words underlined are the words being added.

The provision has been slightly reworded to make clear that it applies
only in territories without municipal organization.

Section 7. — Subsection 1. The provision as amended would read as
follows:

The words underlined are the ones being added.

Subsection 2. The provision presently reads as follows :

(J) The Minister may pay to a municipality the whole or part of expendi-
tures by the municipality to establish, acquire, construct, operate and
maintain ferries and to acquire lands, equipment and machinery
necessary and incidental thereto.

The amendments are complementary and serve to permit the Minister
to enter into agreements to establish and operate ferry services with author-
ities other than municipalities.

is amended by inserting after "municipality" in the first
line "or other person".

(2) Subsection 3 of the said section 91a is amended by striking Ij^^'J^^^J^
out "to a municipahty" in the first line and by striking out
"by the municipality" in the second line and inserting in lieu
thereof "pursuant to an agreement under subsection 2"."^^!

8. This Act comes into force on the day it receives Royal Assent. Senr^'^''^

9. The short title of this Act is The Public Transportation aw^^ short title
Highway Improvement Amendment Act, 1977 .

^ ^

«»

«L

«^

>•

t^««

r«>

53^

s<.

3 :^§

3 3^—1

2 ^

•-I r^

2 o

2:,

r-t-

t\)

3
cr

(T)

cr
n
►-I

BILL 84

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Public Transportation and
Highway Improvement Act

The Hon. J. W. Snow
Minister of Transportation and Communications

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 84 1977

An Act to amend The Public Transportation
and Highway Improvement Act

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

1 . Section 20 of The Public Transportation and Highway Improve- rb^^nacted
ment Act, being chapter 201 of the Revised Statutes of Ontario,

1970, is repealed and the following substituted therefor:

20. — (1) The Minister and any municipality, including aportLtion
district, metropolitan or regional municipality, may enter n|eds^study
into an agreement for the preparation of a report on the
whole or any part of the transportation or highway system
required to meet the needs of the municipality and the
Minister may direct payment out of moneys appropriated
therefor by the Legislature of a sum not exceeding 75 per cent
of the cost of the report.

(2) The Minister and any municipahty, including a district, port^tion
metropolitan or regional municipality, may enter into an experimental
agreement to provide all or any part of an experimental or
demonstration project related to the transportation or high-
way system of the municipality and the Minister may direct
payment out of moneys appropriated therefor by the Legis-
lature of a sum not exceeding 75 per cent of the cost of the
project.

2. Subsection 1 of section 22 of the said Act is repealed and the ^^^^(1)^^^^
following substituted therefor :

(1) The Minister, with the consent of the authority or^®)°^^"°"-
person having jurisdiction and control over the road, "^ay apK°^^j^^
relocate, alter or divert any public or private road entering
or touching upon or giving access to a highway under the
jurisdiction and control of the Minister.

(la) The cost of the changes made pursuant to sub- ^'j^f^J^JI ^.^^^
section 1 shall be deemed to be part of the cost of the con- deemed to

' be King 8

Highway

8.24.
amended

Agrreement
for road
construction

3. Section 24 of the said Act, as amended by the Statutes of
Ontario. 1973, chapter 67, section 9, is further amended by
adding thereto the following subsection :

(la) The Minister may enter into agreements to construct
and maintain roads for and on behalf of a Minister of the
Crown, an agency of the Crown or Ontario Hydro.

8.30(9).
re-enacted

4. Subsection 9 of section 30 of the said Act is repealed and the
following substituted therefor :

Action to
be tried
without jury

8. 41 (1).

amended

5. Subsection 1 of section 41 of the said Act is amended by
inserting after "roads" in the fifth line "between the county and
a region,".

8.86(1).
re-enacted

6. Subsection 1 of section 86 of the said Act is repealed and the
following substituted therefor:

Arrangre-
ments for
construction
or
maintenance

(1) The Minister may arrange with,
(a) the Government of Canada ;

R.S.0. 1970.
C.256

(b) the local roads board elected under The Local Roads
Boards Ad:

R.S.0. 1970.
C.445

(d) a person who is the owner of land,

8. 91a (2).
amended

7. — (1) Subsection 2 of section 91 a of the said Act, as enacted
by the Statutes of Ontario, 1973, chapter 67, section 22,

is amended by inserting after "municipality" in the first
line "or other person".

(2) Subsection 3 of the said section 91a is amended by striking amended
out "to a municipality" in the first line and by striking out
"by the municipality" in the second line and inserting in lieu
thereof "pursuant to an agreement under subsection 2".

8. This Act comes into force on the day it receives Royal Assent, m^e^r^"'^^

9. The short title of this Act is The Public Transportation a«^^^°^*^""®
Highway Improvement Amendment Act, 1977 .

o o a

C p

<
3
•-1

3
cr

ft-

l-f-

f-f-

**.

<s>.

1— k

o
^
^

•^
^

^
^

X S*

i §->

P ::r: 3

l-H ^J f*^

3 ^^
"3^ <=>

< X» P

3 <-♦■ rt

rt P 3

3 cr. CL

>=^

O P

'^ 3

BILL 85 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Highway Traffic Act

The Hon. J. W. Snow
Minister of Transportation and Communications

TORONTO
Printed by J. C. Thatcher. Queen's Printer for Ontario

Explanatory Notes

Section 1. Certain medical information is required before certain
classes of drivers' licences may be issued. The subsection being enacted
makes clear that any such information filed is privileged and not open to
public inspection.

Section 2. Section 15 (2) of the Act presently reads as follows:

{2) Section 13 and any regulation made thereunder do not apply to a
person for thirty days after he has become a resident of Ontario if
during such period he holds a subsisting driver's licence in accordance
with the laws of the province, country or state of which he was a resident
immediately before becoming a resident of Ontario.

Section 13 of the Act prohibits the driving of a motor vehicle on a
highway without a driver's licence issued under the Act.

Section 3. Section 18 of the Act is re-enacted to prohibit {jersons
under the age of 16 from driving or being permitted to drive a self-propelled
implement of husbandry on a highway.

This section in its present form does not refer to self-propelled implements
of husbandry.

BILL 85 1977

An Act to amend
The Highway Traffic Act

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

1. Section 13 of The Highway Traffic Act, being chapter 202 of Ij^l^^jg^j
the Revised Statutes of Ontario, 1970, as re-enacted by the
Statutes of Ontario, 1973, chapter 167, section 4, and amended

by 1974, chapter 123, section 3, is further amended by adding
thereto the following subsection:

(7) Documents filed with the Ministry relating to mental Documente
and physical, including ophthalmic and auditory, examina-
tions pursuant to this section are privileged for the informa-
tion of the Ministry only and shall not be open for public
inspection.

2. Subsection 2 of section 15 of the said Act, as amended by the |j^|^2^>^^j
Statutes of Ontario, 1973, chapter 167, section 5, is further
amended by striking out "thirty" in the second line and
inserting in lieu thereof "sixty".

3. Section 18 of the said Act, as amended by the Statutes of re-enacted
Ontario, 1973, chapter 45, section 8, is repealed and the follow-
ing substituted therefor:

18. — (1) No person under the age of sixteen years shall ^^^^®''fg
drive or operate a motor vehicle, road-building machine, prohibited
self-propelled implement of husbandry or farm tractor on a
highway.

(2) No person shall employ or permit anyone under the ^mpioyment
age of sixteen years to drive or operate a motor vehicle, ""'^^fj^l^ .
road-building machine, self-propelled implement of husbandry

or farm tractor on a highway.

(3) Subsections 1 and 2 do not apply in respect of the ^'^*^®p"°"
driving or operating of a self-prof)elled implement of husbandry

or farm tractor directly across a highway.

;

8.ao(i).

re^naoted

Stuiwnslon
on conviction
for certain
offences
R.8.C. 1970.
c.C-34

4. Subsection 1 of section 20 of the said Act, as re-enacted by;
the Statutes of Ontario, 1976, chapter 37, section 3, is repealed
and the following substituted therefor: :

(1) The driver's licence of a person who is convicted of
an offence under section 203, 204 or 219 of the Criminal
Code (Canada) committed by means of a motor vehicle as
defined in this Act or of an offence under section 233, 234
or 236 of the Criminal Code (Canada) committed while driv-
ing or having the care or control of a motor vehicle as
defined in this Act or of an offence under section 234.1 or
235 of the Criminal Code (Canada) committed in relation to
the driving or care or control of a motor vehicle as defined
in this Act is thereupx)n and hereby suspended for a period
of.

(a) upon the first conviction, three months; and

(6) upon a subsequent conviction, six months,

provided that where an order has been made before the 26th
day of April, 1976 under subsection 1 of section 238 of the
Criminal Code (Canada) prohibiting a person from driving a
motor vehicle for any longer period, the licence shall remain
suspended during such longer period.

8.32.
re-enacted

5. Section 32 of the said Act is repealed and the following sub-
stituted therefor:

Suspension
on appeal

32. If a person whose licence has been suspended enters
an appeal against his conviction and serves notice of the
appeal on the Registrar, the suspension does not apply from
the time notice is served on the Registrar unless the convic-
tion is sustained on appeal.

8. 37 (3).
amended

6. Subsection 3 of section 37 of the said Act is amended by
striking out "subsection 1" in the third line and inserting in
lieu thereof "subsections 1, la and 16".

s. 41a.
enacted

7. The said Act is amended by adding thereto the following
section :

Extended
mirrors

s. 58b (6).
re-enacted

41a. No person shall ojjerate or drive upon a highway a
motor vehicle, other than a commercial motor vehicle, which
has attached thereto any mirror or mirrors which extend
more than twelve inches from the side of the vehicle, except
when the motor vehicle is towing another vehicle.

8. Subsection 6 of section 586 of the said Act, as enacted by the
Statutes of Ontario, 1973, chapter 167, section 8, is rep>ealed
and the following substituted therefor:

Section 4. The re-enactment is of a housekeeping nature in which the
sections of the Criminal Code (Canada) are re-arranged to make clear that a
driver's Hcence may be suspended for refusing to take a breathalyzer test.

Section 5. Section 32 presently reads as follows :

32. If a person whose licence has been suspended enters an appeal against
his conviction, the suspension does not apply unless the conviction is
sustained on appeal.

The re-enactment is of a housekeeping nature and clarifies the time
during which a suspension does not apply if a conviction is appealed.

Section 6. Section 37 (3) presently reads as follows :

{3) Lamps on the front of a motor vehicle shall be so constructed, located,
arranged and adjusted that when lighted as required by subsection 1
they produce under normal atmospheric conditions and on a level road a
driving light sufficient to render clearly discernible to the operator of
the motor vehicle any person or vehicle on the highway within a
distance of 350 feet ahead of the motor vehicle.

Section 37 (1) of the Act sets out the lights required to be displayed on a
motor vehicle. Section 37 (la) and 37 (16) set out the lights required on a
motorcycle and a motorcycle with a side car. This is a housekeeping amend-
ment.

Section 7. Self-explanatory.

Section 8. Subsections 1, 2 and 3 of section 58* of the Act require
safety standard certificates before a used motor vehicle may be transferred.

Section 586 (6) of the Act presently reads as follows :

(6) Subsections 1 , 2 and 3 do not apply to the sale or transfer of a used
motor vehicle to a motor vehicle dealer registered under The Motor
Vehicle Dealers Act.

Section 9. Sections 58 to 58/ of the Act deal with the issue of safety
standard certificates and the licensing and o{>eration of motor vehicle
inspection stations.

Section 6 (5) of The Summary Convictions Act provides that every
summons issued for a contravention of any provision of The Highway
Traffic Act, except for certain specified sections, shall be served by sending
it by prepaid post or by personal service within twenty-one days of the
alleged contravention.

The amendment extends the time for service to six months in respect
of the sections mentioned.

Section 10. — Subsection 1. Section 60 (1) of the Act authorizes the
Lieutenant Governor in Council to make regulations in respect of the matters
specified therein. The added clause expands the matters specified.

Subsection 2. The new subsection is self-explanatory.

Subsection 3. The penalty subsection is made to apply to offences
committed under the new subsection 2a as well as under the regulations.

The provision as re-enacted will read as follows :

(J) Every person who contravenes any of the provisions of this section or
of a regulation made under this section is guilty of an offence and
on summary conviction is liable to a fine of not less than $100 and not
more than $500.

The words underUned have been added.

Section U. Section 69 (1) of the Act authorizes the Lieutenant
Governor in Council to make regulations in respect of explosives and the
labelling, packaging and transportation thereof on highways.

(6) Subsections 1, 2 and 3 do not apply to the sale or f *^ns°gj. to
transfer of a used motor vehicle to a motor vehicle dealer ^otor veWcie

w\io holder of

' exemption

certificate

(a) is registered under The Motor Vehicle Dealers Act; or R.s.o. i970.

{h) holds an exemption certificate issued by the Registrar
issued pursuant to that Act.

9. Section 58/ of the said Act, as enacted by the Statutes ofs ssz,
Ontario, 1973, chapter 167, section 8 and amended by 1974,
chapter 123, section 16, is further amended by adding thereto
the following subsection :

(la) Notwithstanding subsection 5 of section 6 of The ofg^^ons
Summary Convictions Act, every summons issued for a con- r.s.o. i970.
travention of any provision of sections 58 to 58/ or any ^' ^^
regulation made under section 58m shall be served by
sending it by prepaid post or by personal service within
six months of the alleged contravention.

10. — (1) Subsection 1 of section 60 of the said Act, as amended by|j^(ji^>g^
the Statutes of Ontario, 1973, chapter 45, section 19, is
further amended by adding thereto the following clauses:

{d) providing for and requiring the identification and
marking of vehicles or any class or classes thereof ;

{e) prescribing the types or classes of vehicles to which
subsection 2a applies.

(2) The said section 60 is amended by adding thereto the|j^-^^g^
following subsection :

(2a) No person shall sell, offer or expose for sale any new Pj'o^j*^*<^io"
vehicle of a type or class prescribed by the regulations made where non-

ri ■ < ^ 1 1 -11 compliance

under clause e of subsection 1 that does not comply with the with
standards and specifications prescribed by the regulations or ^^^^ *
that is not marked or identified as prescribed by the regula-
tions.

(3) Subsection 3 of the said section 60 is amended by insert- s 60 O).

• r •• I.- 1/- 1- >ri- • 1. amended

ing after provisions m the first line of this section or .

^1. Section 69 of the said Act is amended by adding thereto the ^j^jj^j^^
following subsection :

(la) Any regulation made under subsection 1 may adopt codes
by reference, in whole or in part, with such changes as the
Lieutenant Governor in Council considers necessary, any

8.82(12).
amended

code or standard, or any regulation made by the Government
of Canada, and may require compliance with any code,
standard or regulation that is so adopted.

12. Subsection 12 of section 82 of the said Act, as amended by the
Statutes of Ontario, 1977, chapter 19, section 3, is further
amended by striking out "city" in the first line and inserting
in lieu thereof "county, township, city".

8.96(20.21).
re-enacted

Idem

8. 120 (6).
amended

13. Subsections 20 and 21 of section 96 of the said Act are
repealed and the following substituted therefor:

(20) No signal-light traffic control system shall be erected
unless approval has been obtained from the Ministry or an
officer of the Ministry authorized by the Minister in writing
to grant such approval.

(21) Additional signal-lights may be installed with the
approval of the Ministry or an officer referred to in subsec-
tion 20 for use in conjunction with any signal-light traffic
control system.

14. Subsection 6 of section 120 of the said Act, as amended by the
Statutes of Ontario, 1974, chapter 123, section 29 and 1975,
chapter 64, section 1, is further amended by adding thereto the
following clauses:

is) prescribing the books and records that shall be
kept by persons who operate vehicles used for trans-
porting children to and from school and operated
by or under contract with a school board or other
authority in charge of a school ;

(A) prescribing the entries to be made in a book issued
by the Ministry and requiring the use of such books
by the driver and by the operator of a vehicle used
for transporting children to and from school and
operated by or under contract with a school board
or other authority in charge of a school ;

(«') prescribing fees for the issue of the books referred to
in clause h.

8.128(2).
re-enacted

Prohibiting

motor

assisted

bicycles.

etc., on

municipal

higrhways

15. Subsection 2 of section 128 of the said Act, as amended by
the Statutes of Ontario, 1974, chapter 123, section 31 and
1975, chapter 78, section 9, is repealed and the following
substituted therefor:

(2) The council of a municipality may by by-law prohibit
pedestrians or the use of motor assisted bicycles, bicycles.

Section 12. Subsection 12 of section 82 of the Act empowers the
council of a city, town or village to designate school zones by by-law and
to regulate speed limits in those zones. The amendment extends this power
to the councils of counties and townships.

Section 13. Subsections 20 and 21 of section 96 presently read as
follows :

(20) No signal-light traffic control system shall be erected unless the approval
of the Ministry has been obtained.

(21) Additional signal-lights may be installed with the approval of the
Ministry for use in conjunction with any signal-light traffic control
system.

The amendment allows the Minister to delegate the power to approve
signal-light installations to one or more officers of the Ministry. The amend-
ment is housekeeping in nature.

Section 14. Section 120 (6) of the Act authorizes the Lieutenant
Governor in Council to make regulations in respect of the matters set out in the
clauses.

Section 15. Section 128 (2) of the Act presently reads as follows:

(2) The council of a municipality may by by-law prohibit pedestrians or
the use of motor assisted bicycles, bicycles, wheelchairs or animals on
any highway or portion of a highway under its jurisdiction on which
thf maximum speed limit is 50 miles per hour or more.

The words underlined are being deleted.

The amendment has the effect of permitting municipalities to prohibit
pedestrian and other traffic specified from using highways. Presently, this
can be done only in respect of highways where the speed limit is 50 miles
per hour or more.

Section 16. The provision being repealed saves an owner or driver
of a motor vehicle harmless from civil liability for injury to a gratuitous
passenger except where the injury was caused or contributed to by the gross
negligence of the driver.

The effect of the repeal is to establish absence of negligence as the
standard of care to be exercised by drivers towards gratuitous passengers.

Section 17. Section 139 of the Act requires a person involved in an
accident where property damage exceeds $200 to report the accident. The
amount of $200 is being changed to $400.

Section 18. Section 142 (1) of the Act presently reads as follows:

(/) Every coroner who investigates , and every Crown attorney and police
officer having knowledge of a fatal accident in which a motor vehicle
is involved, shall secure such particulars of the accident, the persons
involved, and other information as may be necessary to complete a
written report to the Registrar on the forms prescribed for that purpose,
and shall transmit the report forthwith to the Registrar.

wheelchairs or animals on any highway or portion of a high-
way under its jurisdiction.

16. — (1) Subsection 3 of section 132 of the said Act is repealed. repealed

(2) Notwithstanding subsection 1, the said subsection 3 of^x°ep"o°
section 132 continues in force in respect of a cause of
action arising before this section comes into force.

17. Subsection 1 of section 139 of the said Act, as amended bysi^sd).

-^ amended

the Statutes of Ontario, 1975, chapter 78, section 10, is
further amended by striking out "$200" in the fourth line and
inserting in lieu thereof "$400".

18. Subsection 1 of section 142 of the said Act is amended by l^^^^^^j^^
striking out "Every coroner who investigates, and" in the first

line.

10. — (1) This Act, except sections 7 and 17, comes into force on m°enr^°*^^
the day it receives Royal Assent.

(2) Sections 7 and 17 come into force on the 1st day of '^^^^
January, 1978.

20. The short title of this Act is The Highway Traffic Amendment s^ort title
Act. 1977.

En' H

3 Hz

o o

1:0

(-»-

r\i

C/5

?»-

<>».

S-

-J

Orq

OTQ

•I

C-

BILL 85

Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Highway Traffic Act

The Hon. J. W. Snow
Minister of Transportation and Communications

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 2. Section 15 (2) of the Act presently reads as follows:

(2) Section 13 and any regulation made thereunder do not apply to a
person for thirty days after he has become a resident of Ontario if
during such period he holds a subsisting driver's licence in accordance
with the laws of the province, country or state of which he was a resident
immediately before becoming a resident of Ontario.

Section 13 of the Act prohibits the driving of a motor vehicle on a
highway without a driver's licence issued under the Act.

Section 3. Section 18 of the Act is re-enacted to prohibit persons
under the age of 16 from driving or being permitted to drive a self-propelled
implement of husbandry on a highway.

This section in its present form does not refer to self-propelled implements
of husbandry.

BILL 85 1977

An Act to amend
The Highway Traffic Act

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

1. Section 13 of The Highway Traffic Act, being chapter 202 of |j^|'jjjjg^
the Revised Statutes of Ontario, 1970, as re-enacted by the
Statutes of Ontario, 1973, chapter 167, section 4, and amended
by 1974, chapter 123, section 3, is further amended by adding
thereto the following subsection:

(7) Documents filed with the Ministry relating to mental documents
and physical, including ophthalmic and auditory, examina-
tions pursuant to this section are privileged for the informa-
tion of the Ministry only and shall not be open for public
inspection.

2. Subsection 2 of section 15 of the said Act, as amended by the l^^^^^^^^^j
Statutes of Ontario, 1973, chapter 167, section 5, is further
amended by striking out "thirty" in the second line and
inserting in lieu thereof "sixty".

3. Section 18 of the said Act, as amended by the Statutes of^g^^^^^^^^
Ontario, 1973, chapter 45, section 8, is repealed and the follow-
ing substituted therefor:

18. — (1) No person under the age of sixteen years shall ^^^^®'"|'g
drive or operate a motor vehicle, road-building machine, prohibited
self-propelled implement of husbandry or farm tractor on a
highway.

(2) No person shall employ or permit anyone under the Employment
age of sixteen years to drive or op)erate a motor vehicle, "°^®j:^.^ ,
road-building machine, self-propelled implement of husbandry
or farm tractor on a highway.

(3) Subsections 1 and 2 do not apply in respect of the^**'®""""
driving or operating of a self-propelled implement of husbandry
or farm tractor directly across a highway.

s.ao(i).

re-«iiAot«d

4. Subsection 1 of section 20 of the said Act, as re-enacted by
the Statutes of Ontario, 1976, chapter 37, section 3, is repealed
and the following substituted therefor:

Suspension
on conviction
for certain
offences
R.8.C. 1970.
0.C-S4

8.32.
re-enacted

Suspension
on appeal

s. 37 (3).
amended

(1) The driver's licence of a person who is convicted ol
an offence under section 203, 204 or 219 of the Criminal
Code (Canada) committed by means of a motor vehicle asl
defined in this Act or of an offence under section 233, 234l
or 236 of the Criminal Code (Canada) committed while driv-
ing or having the care or control of a motor vehicle as
defined in this Act or of an offence under section 234.1 oi
235 of the Criminal Code (Canada) committed in relation t(
the driving or care or control of a motor vehicle as definec
in this Act is thereupon and hereby suspended for a perio(
of,

(a) upon the first conviction, three months; and

(b) upon a subsequent conviction, six months,

provided that where an order has been made before the 26th
day of April, 1976 under subsection 1 of section 238 of th<
Criminal Code (Canada) prohibiting a person from driving
motor vehicle for any longer period, the licence shall remain
suspended during such longer period.

5. Section 32 of the said Act is repealed and the following sub-
stituted therefor:

32. If a person whose licence has been suspended enters
an appeal against his conviction and serves notice of th«
appeal on the Registrar, the suspension does not apply from
the time notice is served on the Registrar unless the convic-
tion is sustained on appeal.

6. Subsection 3 of section 37 of the said Act is amended by
striking out "subsection 1" in the third line and inserting ii
lieu thereof "subsections 1, la and \b".

s. 41a.
enacted

Ebc tended
mirrors

8. 586 (6).
re-enacted

7. The said Act is amended by adding thereto the following
section :

41a. No person shall operate or drive upon a highway a
motor vehicle, other than a commercial motor vehicle, which
has attached thereto any mirror or mirrors which extend
more than twelve inches from the side of the vehicle, except
when the motor vehicle is towing another vehicle.

8. Subsection 6 of section 5Sb of the said Act, as enacted by the
Statutes of Ontario, 1973, chapter 167. section 8, is repealed
and the following substituted therefor:

Section 5. Section 32 presently reads as follows :

32. If a person whose licence has been suspended enters an appeal against
his conviction, the suspension does not apply unless the conviction is
sustained on appeal.

The re-enactment is of a housekeeping nature and clarifies the time
during which a suspension does not apply if a conviction is appealed.

Section 6. Section 37 (3) presently reads as follows :

(3) Lamps on the front of a motor vehicle shall be so constructed, located,
arranged and adjusted that when lighted as required by subsection 1
they produce under normal atmospheric conditions and on a level road a
driving light sufficient to render clearly discernible to the operator of
the motor vehicle any person or vehicle on the highway within a
distance of 350 feet ahead of the motor vehicle.

Section 37 (1) of the Act sets out the lights required to be displayed on a
motor vehicle. Section 37 (la) and 37 (\b) set out the lights required on a
motorcycle and a motorcycle with a side car. This is a housekeeping amend-
ment.

Section 7. Self-explanatory.

Section 8. Subsections 1, 2 and 3 of section 586 of the Act require
safety standard certificates before a used motor vehicle may be transferred.

Section 586 (6) of the Act presently reads as follows :

(6) Subsections 1 , 2 and 3 do not apply to the sale or transfer of a used
motor vehicle to a motor vehicle dealer registered under The Motor
Vehicle Dealers Act.

Section 9. Sections 58 to 58/ of the Act deal with the issue of safety
standard certificates and the licensing and operation of motor vehicle
inspection stations.

The amendment extends the time for service to six months in respect
of the sections mentioned.

Section 10.- Subsection 1. Section 60 (1) of the Act authorizes the
Lieutenant Governor in Council to make regulations in respect of the matters
specified therein. The added clause expands the matters specified.

Subsection 2, The new subsection is self-explanatory.

Subsection 3. The penalty subsection is made to apply to offences
committed under the new subsection 2a as well as under the regulations.

The provision as re-enacted will read as follows :

The words underlined have been added.

Section 11. Section 69 (1) of the Act authorizes the Lieutenant
Governor in Council to make regulations in respect of explosives and the
labelling, packaging and transportation thereof on highways.

(6) Subsections 1 , 2 and 3 do not apply to the sale or tmnsfer to
transfer of a used motor vehicle to a motor vehicle dealer motor vehicle

dealer or
who holder of

' exemption

certificate

(a) is registered under The Motor Vehicle Dealers Act: or RS.o. i970,

^ ' o c. 475

{b) holds an exemption certificate issued by the Registrar
issued pursuant to that Act.

O. Section 58/ of the said Act, as enacted bv the Statutes ofsss/.
Ontario, 1973, chapter 167, section 8 and amended by 1974,
chapter 123, section 16, is further amended by adding thereto
the following subsection :

(la) Notwithstanding subsection 5 of section 6 of The ofgummons
Summary Convictions Act, every summons issued for a con- r.s.o. i970,
travention of any provision of sections 58 to 58/ or any ^ ^^
regulation made under section 58m shall be served by
sending it by prepaid post or by personal service within
six months of the alleged contravention.

10. — (1) Subsection 1 of section 60 of the said Act, as amended by 1^^^^^)^^^
the Statutes of Ontario, 1973, chapter 45, section 19, is
further amended by adding thereto the following clauses:

{d) providing for and requiring the identification and
marking of vehicles or any class or classes thereof ;

(e) prescribing the types or classes of vehicles to which
subsection 2a applies.

(2) The said section 60 is amended by adding thereto the Ij^j^^g^j
following subsection :

(2a) No person shall sell, offer or expose for sale any new P^oMbition
vehicle of a type or class prescribed by the regulations made where non-

, , ri • 4 ^ 1 1 11 compliance

(3) Subsection 3 of the said section 60 is amended by insert- ^ 60 (3),

• r t, ■ ■ ., • 1 /■ 1- <</■!• • >> amended

ing after provisions in the first line of this section or .

1 1 . Section 69 of the said Act is amended by adding thereto the amended
following subsection :

(la) Any regulation made under subsection 1 may adopt codes
by reference, in whole or in part, with such changes as the
Lieutenant Governor in Council considers necessary, any

code or standard, or any regulation made by the Government
of Canada, and may require compliance with any code,
standard or regulation that is so adopted.

amended ^^* Subsection 12 of section 82 of the said Act, as amended by the

Statutes of Ontario, 1977, chapter 19, section 3, is further
amended by striking out "city" in the first hne and inserting
in lieu thereof "county, township, city".

8.96(20.21). 13. Subsections 20 and 21 of section 96 of the said Act are

re-enacted

repealed and the following substituted therefor :

J«i«>» (20) No signal-light traffic control system shall be erected

unless approval has been obtained from the Ministry or an
officer of the Ministry authorized by the Minister in writing
to grant such approval.

**•" (21) Additional signal-lights may be installed with the

approval of the Ministry or an officer referred to in subsec-
tion 20 for use in conjunction with any signal-light traffic
control system.

amended ^^* Subsection 6 of section 120 of the said Act, as amended by the

Statutes of Ontario, 1974, chapter 123, section 29 and 1975,
chapter 64, section 1, is further amended by adding thereto the
following clauses:

(g) prescribing the books and records that shall be
kept by persons who operate vehicles used for trans-
porting children to and from school and operated
by or under contract with a school board or other
authority in charge of a school ;

(h) prescribing the entries to be made in a book issued
by the Ministry and requiring the use of such books
by the driver and by the operator of a vehicle used
for transporting children to and from school and
operated by or under contract with a school board
or other authority in charge of a school ;

(i) prescribing fees for the issue of the books referred to
in clause h.

reSnSted !*• Subsection 2 of section 128 of the said Act, as amended by
the Statutes of Ontario, 1974, chapter 123, section 31 and
1975, chapter 78, section 9, is repealed and the following

Prohibiting Substituted therefor:

motor
assisted

ete^on*' (2) The council of a municipality may by by-law prohibit

Sghwa^' pedestrians or the use of motor assisted bicycles, bicycles,

Section 13. Subsections 20 and 21 of section 96 presently read as
follows :

(20) No signal-light traffic control system shall be erected unless the approval
of the Ministry has been obtained.

(21) Additional signal-lights may be installed with the approval of the
Ministry for use in conjunction with any signal-light traffic control
system.

The amendment allows the Minister to delegate the power to approve
signal-light installations to one or more officers of the Ministty. The amend-
ment is housekeeping in nature.

Section 14. Section 120 (6) of the Act authorizes the Lieutenant
Governor in Council to make regulations in respect of the matters set out in the
clauses.

Section 15. Section 128 (2) of the Act presently reads as follows:

(2) The council of a municipality may by by-law prohibit pedestrians or
the use of motor assisted bicycles, bicycles, wheelchairs or animals on
any highway or portion of a highway under its jurisdiction on which
the maximum spud limit is .50 miles per hour or more.

The words underlined are being deleted.

Section 16. The provision being repK-aled saves an owner or driver
of a motor vehicle harmless from civil liability for injury to a gratuitous
passenger except where the injury was caused or contributed to by the gross
negligence of the driver.

The effect of the repeal is to establish absence of negligence as the
standard of care to be exercised by drivers towards gratuitous passengers.

Section 17. Section 139 of the Act requires a person involved in an
accident where property damage exceeds $200 to report the accident. The
amount of $200 is being changed to $400.

Section 18. Section 142 (1) of the Act presently reads as follows:

(/) Every coroner who investigates, and every Crown attorney and police
officer having knowledge of a fatal accident in which a motor vehicle
is involved, shall secure such particulars of the accident, the persons
involved, and other information as may be necessary to complete a
written report to the Registrar on the forms prescribed for that purpose,
and shall transmit the report forthwith to the Registrar.

wheelchairs or animals on any highway or portion of a high-
way under its jurisdiction.

16. — (1) Subsection 3 of section 132 of the said Act is repealed. repealed

(2) Notwithstanding subsection 1, the said subsection 3 of ^^<^®p**oii
section 132 continues in force in respect of a cause of
action arising before this section comes into force.

17. Subsection 1 of section 139 of the said Act, as amended bysisgg).

•' amended

the Statutes of Ontario, 1975, chapter 78, section 10, is
further amended by striking out "$200" in the fourth line and
inserting in lieu thereof "$400".

18. Subsection 1 of section 142 of the said Act is amended by I^^^^^^^J^jj
striking out "Every coroner who investigates, and" in the first

line.

19.— (1) This Act, except sections 7, 16 and 17, comes into force ^°™^®°°®"
on the day it receives Royal Assent.

(2) Sections 7 and 17 come into force on the 1st day of i'*®'"
January, 1978.

19^ (3) Section 16 comes into force on a day to be named by ^<*®"^
proclamation of the Lieutenant Governor. "^PJ

20. The short title of this Act is The Highway Traffic Amendment short title
Act, 1977.

rr>

t-t-

•-1

(— 1

(/5

►I

r*-

C/)

t/!

^-^

D-

t-t-

CNO

►■^

'-/J

Si-

"-I

~-4

5a-

r-t-

»».

r^ .

0^5

1— >

»Q

a»

orq'

r-t-

BILL 85

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Highway Traffic Act

The Hon. J. W. Snow
Minister of Transportation and Communications

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 85 1977

An Act to amend
The Highway Traffic Act

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

1. Section 13 of The Highway Traffic Act, being chapter 202 of l^^l-jj^jg^j
the Revised Statutes of Ontario, 1970, as re-enacted by the
Statutes of Ontario, 1973, chapter 167, section 4, and amended
by 1974, chapter 123, section 3, is further amended by adding
thereto the following subsection:

(7) Documents filed with the Ministry relating to mentaPo^cumen^s
and physical, including ophthalmic and auditory, examina-
tions pursuant to this section are privileged for the informa-
tion of the Ministry only and shall not be open for public
inspection.

2. Subsection 2 of section 15 of the said Act, as amended by the l^^l^^^j^^
Statutes of Ontario, 1973, chapter 167, section 5, is further
amended by striking out "thirty" in the second hne and
inserting in lieu thereof "sixty".

3. Section 18 of the said Act, as amended by the Statutes of ^^^1^^^^.^^
Ontario, 1973, chapter 45, section 8, is repealed and the follow-
ing substituted therefor:

18. — (1) No person under the age of sixteen years shall ^^Jj^®''^g
drive or operate a motor vehicle, road-building machine, prohibited
self-propelled implement of husbandry or farm tractor on a
highway.

(2) No person shall employ or permit anyone under the Employment
age of sixteen years to drive or operate a motor vehicle, '^°^^[J^ ^
road-building machine, self-propelled implement of husbandry
or farm tractor on a highway.

(3) Subsections 1 and 2 do not apply in respect of the e*°^p*'^°°
driving or operating of a self-propelled implement of husbandry
or farm tractor directly across a highway.

8.30(1).
re-enacted

4. Subsection 1 of section 20 of the said Act, as re-enacted by
the Statutes of Ontario, 1976, chapter 37, section 3, is repealed
and the following substituted therefor:

Susptmion

on conviction
for certain
offences
R.8.C. 1970.
c.C-34

(a) upon the first conviction, three months; and

{b) upon a subsequent conviction, six months,

8.32.
re-enacted

5. Section 32 of the said Act is repealed and the following sub-
stituted therefor:

Suspension
on appeal

8. 37 (3).
amended

6. Subsection 3 of section 37 of the said Act is amended by
striking out "subsection 1" in the third line and inserting in
lieu thereof "subsections 1, \a and W\

8. 41a.
enacted

7. The said Act is amended by adding thereto the following
section :

Extended
mirrors

s. 58ft (6).
re-enacted

8. Subsection 6 of section 586 of the said Act, as enacted by the
Statutes of Ontario, 1973, chapter 167, section 8, is repealed
and the following substituted therefor:

(6) Subsections 1 , 2 and 3 do not apply to the sale or transfer to
transfer of a used motor vehicle to a motor vehicle dealer motor vehicle

dealer or
who holder of

' exemption

certificate

(a) is registered under The Motor Vehicle Dealers Act; or R.s.o. i970,

(b) holds an exemption certificate issued by the Registrar
issued pursuant to that Act.

9. Section 58/ of the said Act, as enacted by the Statutes ofs-sez.
Ontario, 1973, chapter 167, section 8 and amended by 1974,
chapter 123, section 16, is further amended by adding thereto
the following subsection :

(la) Notwithstanding subsection' 5 of section 6 of The ofg^mons
Summary Convictions Act, every summons issued for a con- r.s.o. 1970,
travention of any provision of sections 58 to 58/ or any ° ^^°
regulation made under section 58w shall be served by
sending it by prepaid post or by personal service within
six months of the alleged contravention.

10.— (1) Subsection 1 of section 60 of the said Act, as amended byl^^i^^^^j
the Statutes of Ontario, 1973, chapter 45, section 19, is
further amended by adding thereto the following clauses:

{d) providing for and requiring the identification and
marking of vehicles or any class or classes thereof ;

(e) prescribing the types or classes of vehicles to which
subsection 2a applies.

(2) The said section 60 is amended by adding, thereto the?-^

following subsection :

amended

(2a) No person shall sell, offer or expose for sale any new f/gai^*"°°
vehicle of a type or class prescribed by the regulations made where non-
under clause e of subsection 1 that does not comply with the with
standards and specifications prescribed by the regulations or "^^^^ *
that is not marked or identified as prescribed by the regula-
tions.

(3) Subsection 3 of the said section 60 is amended bv insert- s so (3).

•' amended

ing after "provisions" in the first line "of this section or".

1 1 . Section 69 of the said Act is amended by adding thereto the l^ended
following subsection :

(la) Any regulation made under subsection 1 may adopt codes
by reference, in whole or in part, with such changes as the
Lieutenant Governor in Council considers necessary, any

■.82(12).
amMBded

8.96(20.21).
re-enacted

Idem

8.120(6).
amended

B. 128 (2).
re-enacted

Prohibiting

motor

assisted

bicycles.

etc.. on

municipal

hlgrhways

code or standard, or any regulation made by the Governmeni
of Canada, and may require compliance with any code
standard or regulation that is so adopted.

12. Subsection 12 of section 82 of the said Act, as amended by the
Statutes of Ontario, 1977, chapter 19, section 3, is furthei
amended by striking out "city" in the first Hne and inserting
in lieu thereof "county, township, city".

13. Subsections 20 and 21 of section 96 of the said Act arc
repealed and the following substituted therefor :

(20) No signal-light traffic control system shall be erectea
unless approval has been obtained from the Ministry or an
officer of the Ministry authorized by the Minister in writing
to grant such approval.

(21) Additional signal-lights may be installed with the
approval of the Ministry or an officer referred to in subsec-
tion 20 for use in conjunction with any signal-light traffic
control system.

■5

(t) prescribing fees for the issue of the books referred to
in clause h.

(2) The council of a municipality may by by-law prohibit
pedestrians or the use of motor assisted bicycles, bicycles,

wheelchairs or animals on any highway or portion of a high-
way under its jurisdiction.

16. — (1) Subsection 3 of section 132 of the said Act is repealed. repealed

(2) Notwithstanding subsection 1, the said subsection 3 of^x°®p"o°
section 132 continues in force in respect of a cause of
action arising before this section comes into force.

17. Subsection 1 of section 139 of the said Act, as amended bv^-^^^^P..

-^ amended

the Statutes of Ontario, 1975, chapter 78, section 10, is
further amended by striking out "$200" in the fourth line and
inserting in lieu thereof "$400".

18. Subsection 1 of section 142 of the said Act is amended by |j^|2^(j)^
striking out "Every coroner who investigates, and" in the first

line.

19. — (1) This Act, except sections 7, 16 and 17, comes into force ^°^^®°°®'
on the day it receives Royal Assent.

(2) Sections 7 and 17 come into force on the 1st day of i^em
January. 1978.

(3) Section 16 comes into force on a day to be named by i^em
proclamation of the Lieutenant Governor.

20. The short title of this Act is The Highway Traffic Amendment short title
Act, 1977.

55' H

O O hr*

3 H Z

^"S ^

P CO

o o

t\>

C/)

tsJ

(-(■

OTQ

»— '

I-*

0^5

~-J

H
^^

■a (^

< <->■

i" ^

^ O

H p

p 3

3< 3

o g,

>
n

BILL 86 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act respecting The Official Languages of Ontario

Mr. Samis

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to establish French and English as the
official languages of Ontario. The Bill defines the extent to which both
official languages are to be used in the Legislative Assembly by the Govern-
ment of Ontario and in proceedings before judicial and quasi-judicial bodies.

BILL 86 1977

An Act respecting
The Official Languages of Ontario

WHEREAS the English and French languages are rec- Preamble
ognized as official languages in Canada; and whereas
the Franco-Ontarian community has been and continues to
be a vital partner in the growth, development and cultural
enrichment of Ontario;

Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:

1. In this Act, Interpre-

tation

(a) "proceedings" includes, when applied to a court of
record or statutory tribunal, all pleadings and
process in or issuing from and written submissions
to and oral arguments before the court or tribunal;

{b) "regulation" includes rules, orders, and by-laws;

(c) "statutory tribunal" means one or more persons,
whether or not incorporated and however described,
upon which is conferred by or under a statute a
power or right to make a decision deciding or
prescribing,

(i) the legal rights, powers, privileges, immu-
nities, duties or liabilities of any person or
party, or

(ii) the eligibility of any person or party to
receive or to the continuation of, a benefit
or licence, whether he is legally entitled
thereto or not.

2. The English and French languages are the official o®8^[u"°°
languages of Ontario for all purposes to which the authority

of the Legislative Assembly extends, and possess and enjoy
equality of status and equal rights and privileges as to their
use in all institutions of the Assembly and Government of
Ontario.

Use of

official

lanvoaares

InLiBgis-

latlve

Assembly

3, — (1) Either of the official languages may be used by
any person in proceedings of the Legislative Assembly or a
committee thereof and the record of debates, journals and
Order Paper of the Assembly shall be printed in both official
languages.

Idem

(2) Every Bill, resolution, motion or petition introduced
in the Assembly may be in either or both of the official
languages.

Statates
to be
printed and

fiublished
nbotb
official
languages

Regula-
tions and
proclama-
tions

4. — (1) The Statutes of Ontario shall be printed and
published in both official languages.

(2) Any regulation and proclamation that is made or
issued by or under the authority of any Act of the Legis-
lative Assembly and is required to be published in The
Ontario Gazette shall be made or issued and published
accordingly in both official languages.

Orders and

judgments

(3) All orders and judgments, including any reasons given
therefor, issued by any court of record or statutory tribunal
established by or pursuant to an Act of the Legislative
Assembly of Ontario shall be issued in both official languages
where the order or judgment determines a question of law
or policy of general public interest or importance or where
the proceedings leading to its issue were conducted in whole
or in part in both official languages.

Construc-
tion

(4) In construing an Act, regulation or proclamation
that is printed and published in the official languages, both
versions are equally authentic.

Where

versions

maybe

issued at

different

times

(5) Where an authority responsible for the making or
issuance of a regulation, proclamation, order or judgment
is of the opinion that to make or issue it in both official
languages would cause a delay prejudicial to the public
interest or result in injustice or hardship to a person
affected thereby, the regulation, proclamation, order or
judgment may be issued in the first instance in one of the
official languages and thereafter, within such time as is
reasonable in the circumstances, shall be issued in the other
official language and the latter version is deemed to be
effective from the time the first is effective.

5. — (1) Every ministry of the Government of Ontario Ministries
and every board, commission, corporation or other agency service in
thereof has the duty to ensure that members of the pubHc languages
can obtain available services from and can communicate
with it in both official languages,

(a) at its head or central office location ; and

(6) at any other office location where there is a signifi-
cant demand for services in both official languages.

(2) Every ministry, board, commission, corporation or Report
other agency of the Government of Ontario that is required
by an Act of the Legislative Assembly to lay an annual
report before the Assembly shall include as part of that
report a description of the extent to which it provides
services to the members of the public in both official
languages.

6. — (1) Either of the official languages may be used by aCourteand
person in a proceeding before a court of record or statutory
tribunal but, upon application by a party to the proceedings
and subject to subsection 2, a court or statutory tribunal
may order that proceedings be conducted wholly or partially
in one of the official languages where, in the opinion of the
court, the balance of convenience favours such an order and
no party will be prejudiced thereby.

(2) Every court of record or statutory tribunal has in Evidence
any proceedings brought or taken before it the duty to
ensure that any person giving evidence before it may be
heard in the official language of his choice.

7. — (1) In this section, "ministry" means a ministry o^f^^^fon^^
the Government of Ontario and every board, commission,
corp)oration or other agency thereof.

(2) Where, upon the submission of a Minister, it is estab- where

1-11 t ■ r • r A -w • l^ application

lished to the satisfaction of the Lieutenant Governor in of Bin
Council that the immediate application of any provision of deferred or
this Act to a ministry, court of record or statutory tribunal ^"^^°'*®**
or any service provided by it,

(a) would unduly prejudice the interests of the ministry ;

(6) would unduly prejudice the interests of persons
undertaking or affected by proceedings before a
court of record or statutory tribunal ; or

(c) would be seriously detrimental to the effective
administration of the ministry, court of record or
statutory tribunal,

the Lieutenant Governor in Council may by order defer or
suspend the application of this Act or a part thereof to
the ministry, court of record or statutory tribunal for such
period and to such extent as the Lieutenant Governor in
Council deems necessary or expedient.

Twmaof (3) Any order made under this section may contain such

directions and be subject to such terms and conditions as
the Lieutenant Governor in Council considers appropriate
to ensure the earliest possible application of any deferred
or suspended provision provided for in the order.

Order to
belaid
before
Assembly

(4) A copy of an order made under this section shall be
laid before the Assembly by the Lieutenant Governor within
fifteen days of making the order if the Assembly is in session
or, if not, at the commencement of the next ensuing session.

Commence-
ment

8. This Act comes into force on the day it receives Royal
Assent.

Short title

9. The short title of this Act is The Ontario Official
Languages Act, 1977 .

CD
>

O
o

r-t-
O

-J

O B'

ST ^

2. o

o
5'

BILL 87 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Liquor Licence Act, 1975

Mr. Eaton

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to raise the legal age, in Ontario, at which
the drinking of alcoholic beverages is allowed, from eighteen to twenty.

BILL 87 1977

An Act to amend
The Liquor Licence Act, 1975

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

follows :

1. — (1) Subsection 1 of section 45 of The Liquor Licence Act, li^ended
1975, being chapter 40, is amended by striking out
"eighteen" in the second line and inserting in lieu thereof
"twenty".

(2) Subsection 2 of the said section 45 is amended by striking ^^^(2),

^ ' JO amended

out "eighteen" in the second line and in the sixth line
and inserting in lieu thereof in each instance "twenty".

(3) Subsection 3 of the said section 45 is amended by striking Ij^I^^^^jj
out "eighteen" in the first line and inserting in heu thereof
"twenty".

(4) Subsection 4 of the said section 45 is amended by striking Imlnied
out "eighteen" in the first line and inserting in lieu thereof
"twenty".

(5) Subsection 5 of the said section 45 is amended by striking Ij^tnded
out "eighteen" in the second line and inserting in heu
thereof "twenty".

2. This Act comes into force on the day it receives Royal Assent, ment"^"''^

3. The short title of this Act is The Liquor Licence Amendment ^^°^^^^^^^
Act. 1977.

to
?5:

H
O

rf-

>->i«

</>

ft-

«^

•1

H
cr

0)
^ >

O rt-
ft> O

o. g

BILL 88 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Corporations Tax Act, 1972

The Hon. Margaret Scrivener
Minister of Revenue

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

The Bill substantially re-enacts Parts I and II of The Corporations
Tax Act, 1972, in the interest of tax simplification. In addition, a number
of administrative amendments are made. With respect to the tax simplifica-
tion measures, Part II of the Act (tax on income) is entirely re-enacted by
section 8 of the Bill to provide a greater tie-in with the Income Tax Act
(Canada) ; in those areas where the provisions of both Acts are the same,
the sections of the Incorru Tax Act (Canada) are made applicable in so far
as they apply to corporations, so that such sections need not be reproduced
in The Corporations Tax Act, and where there are differences, special pro-
visions are enacted to deal with these. Substantial amendments to Part I
of the Act, complementary to the amendments to Part II, are also required.
Finally, the Bill adds to the Act a number of provisions to provide for the
treatment of corporations that buy shares of a corporation registered under
The Venture Investment Corporations Registration Act, 1977 , such provisions
to come into force on proclamation.

Section 1. This section re-enacts section 1 of the Act and is com-
plementary to the tax simplification measures contained in section 8 of the
Bill. The interpretations contained in Part XVII of the Income Tax Act
(Canada) are, with certain exceptions, adopted and made apphcable for the
purposes of the Act. Certain additional interpretations are also included for
the purposes of the Act. A provision is included to deal with the applicability
or non-applicability of cross-references within the adopted sections of the
Income Tax Act (Canada). Also it is provided in subsection 6 of the new
section 1 of the Act that the applicable sections of the Income Tax Act
(Canada) are adopted as amended or re-enacted from time to time. Finally,
the adoption of the definition of "corporation" contained in the Income
Tax Act (Canada) represents a substantive change to the Act — the present
definition of "corporation" does not include corporations incorporated without
share capital ; the new definition includes such corporations.

The adoption of the Federal definition of "gross revenue" represents a
change from the definition of that term in the present Act. This will
affect the allocation of income to jurisdictions other than Ontario.

It should be noted that this section also reflects a change in terminology
which has been adopted throughout the Act, namely that the expression
"fiscal year" will now become "taxation year". Section 26 of the Bill
amends this terminology in those sections of the Act not otherwise specifically
amended by the Bill.

BILL 88 1977

An Act to amend
The Corporations Tax Act, 1972

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

1. Section 1 of The Corporations Tax Act, 1972, being chapter ^^^^^^^^^.^^
143, as amended by the Statutes of Ontario, 1973, chapter
157, section 1, 1974, chapter 75, section 1, 1975, chapter 17,
section 1 and 1976, chapter 32, section 1, is repealed and the
following substituted therefor:

1. — (1) In this Act and in the application of the provisions ^"^^^p""®"
of the Income Tax Act (Canada) that are by this Act made r.s.c. 1952,
applicable for the purposes of this Act, °'^^^

(a) each of the interpretations contained in Part XVII
of the Income Tax Act (Canada) are, except as
hereinafter provided, applicable for the purposes of
this Act;

[h) the interpretations contained in the said Part
XVII of the expressions "farming", "foreign re-
source property", "Minister", "paid-up capital",
"regulations", "taxable income", "taxable income
earned in Canada" and "tax payable" do not apply
and in heu thereof the following interpretations
are applicable:

(i) "farming" includes tillage of the soil, Hve
stock raising or exhibiting, maintaining of
horses for racing, raising of poultry, fur
farming, dairy farming, fruit growing, and
the keeping of bees, but does not include an
office or employment under a person engaged
in the business of farming and, for the
purposes of subsection 2 of section 135 only,
does not include the maintaining of horses
for racing,

(ii) "foreign resource property" has the meaning
given to that expression by section 15 of this
Act,

(iii) "Minister" means, unless otherwise provided
in this Act, the Minister of Revenue,

(iv) "paid-up capital" has the meaning given

to that expression by paragraph c of sub-

c Ms^**^' section 1 of section 89 of the Income Tax

Act (Canada), but such meaning does not
apply for the purposes of Part III of this
Act,

(v) "regulations" means regulations made under
this Act,

(vi) "tax payable" by a corporation under any
part of the Act means the tax payable by
the corporation as fixed by assessment or
reassessment subject to variation on objection
or appeal, if any, in accordance with sections
154 to 1606, as the case may be,

(vii) "taxable income" has the meaning given to
that expression by section 9 of this Act,

(viii) "taxable income earned in Canada" has the
meaning given to that expression by section
10 of this Act;

cc^^i^B-4' (^) "bank" means a bank to which the Bank Act

(Canada) or the Quebec Savings Banks Act (Canada)

applies ; |

(d) "family farm corporation" means a corporation
that is throughout the taxation year a corporation,

(i) every share of the capital stock of which
that confers on the holder thereof the right
to vote was owned by an individual ordinarily
resident in Canada or by any such individual
and a member or members of his family
ordinarily resident in Canada or by another
family farm corporation,

(ii) 95 per cent of the assets of which were farm-
ing assets, and

(iii) which carried on the business of farming
in Ontario through the employment of a
shareholder or a member of his family
actually engaged in the operation of the
farm;

{e) "farming assets" of a family farm corporation
means,

(i) cash, trade accounts receivable, supplies and
inventory of commodities or things produced,
raised or grown through farming,

(ii) land, buildings, equipment, machinery, and
live stock that are used chiefly in the
operation of the farm by the corporation,

(iii) any right or licence granted or issued under
any Act of the Legislature that permits or
regulates the production or sale of any
commodity or thing produced, raised or
grown through farming,

(iv) the building in which a shareholder or
member or members of his family reside who
are engaged in the operation of the farm if
that building is on land that is used or is
contiguous to land used by that shareholder
or member or members of his family in the
operation of the farm,

(v) shares in another family farm corporation;

(/) "jurisdiction" means a province or territory of
Canada or a state outside Canada having sovereign
power ;

{g) "member of his family" means, with respect to an
individual referred to in clause d,

(i) his spouse,

(ii) his child,

(iii) his father, mother, brother or sister or any
lawful descendant of such brother or sister,

(iv) the brother or sister of his father or mother
or any lawful descendant of any such brother
or sister,

(v) the father, mother or any brother or sister
of his spouse or any lawful descendant of
any such brother or sister,

(vi) his son-in-law or daughter-in-law,

R s o i9'0- (vii) a person adopted by him under The Child

Welfare Act or the spouse or any lawful
descendant of such person, or

(viii) his grandfather or grandmother;

{h) "permanent establishment" has the meaning given
to that expression by section 7;

(i) "timber royalty" includes any consideration for a
right under or pursuant to which a Tight to cut or
take timber from a timber limit in Canada is
obtained or derived, to the extent that such con-
sideration is dependent upon, and computed by
reference to, the amount of timber cut or taken.

Idem t y T T-

R.S.C.1952. (2) In the application of the sections of the Income Tax

°"® Act (Canada) that by this Act are made applicable for the

purposes of this Act,

[a) "capital cost" means the cost of property as deter-
mined for the purposes of this Act;

(6) "undepreciated capital cost" means the undepre-
ciated capital cost of depreciable property as deter-
mined for the purposes of this Act;

(i) returns required to be filed under section 150
of that Act shall be deemed to be references
to the returns required to be filed under
section 145 of this Act, and

(ii) assessments to be made under section 152
of that Act shall be deemed to be references
to assessments to be made under section 150
of this Act;

{d) where a section of that Act has been made appli-
cable for the purposes of this Act, and reference is
made in that section to another provision (herein-

after in this clause referred to as the "other pro-
vision") of that Act which,

(i) does not apply for the purposes of this Act,

(ii) does not apply for the purposes of this Act
because a provision of this Act is enacted
to apply in lieu thereof, or

(iii) in respect of which the application for the
purposes of this Act differs,

the following rules apply in the application of the
section for the purposes of this Act,

(iv) where subclause i applies, the section (except
sections 20, 56, 60, paragraph /of subsection 1
of section 95 and section 138 of that Act)
shall be read as if the reference to the other
provision were deleted,

(v) where subclause ii applies, the reference to
the other provision shall be deemed to be a
reference to the provision of this Act that
applies in lieu thereof, and

(vi) where subclause iii applies, the reference to
the other provision shall be deemed to be a
reference to the other provision as it applies
for the purposes of this Act.

(3) Notwithstanding subsection 1 , any regulation made Amplication
pursuant to any provision of the Income Tax Act (Canada) regulations
that is by this Act made applicable for the purposes of r.s.c. 1952,
this Act shall apply with necessary modifications for the ^'
purposes of this Act unless otherwise provided by this Act

or by the regulations.

(4) Any election or designation by a corporation which Elections
has been properly made for the purposes of the Income Tax ^ f^^- ^^^^•
Act (Canada), pursuant to any provision of that Act that

is by this Act made applicable for the purposes of this Act,
shall be deemed to have been properly made for the purposes
of this Act, provided that,

{a) where an amount elected would be different from
the amount determined in accordance with this Act,
the amount determined in accordance with this Act
shall apply; and

Registered

pension

funds

(6) the provisions in that Act imposing penalties for
late filing of such elections are not applicable for
the purposes of this Act.

(5) Any registered pension fund or plan that has been
accepted for registration by the Minister of National Revenue
for Canada shall be deemed to have been accepted for
registration by the Minister of Revenue.

R.S.C. 1952.
c. 148 applies
as amended
from time
to time

(6) The sections of the Income Tax Act (Canada) by this
Act made applicable for the purposes of this Act shall, unless
otherwise provided in this Act, be deemed to be applicable
as amended or re-enacted from time to time, and such amend-
ments or re-enactments shall apply for the purposes of this
Act in the same manner as they apply for the purposes of
the Income Tax Act (Canada).

8. 2 (2),
amended

2. — (1) Subsection 2 of section 2 of the said Act, as amended
by the Statutes of Ontario, 1973, chapter 42, section 1
and 1975, chapter 17, section 2, is further amended by
adding "or" at the end of clause c and by adding thereto
the following clause:

(d) carried on business in Ontario,

s.2(3).
amended

(2) Subsection 3 of the said section 2, as amended by the
Statutes of Ontario, 1973, chapter 42, section 1 and 1975,
chapter 17, section 2, is further amended by adding "or"
at the end of clause c and by adding thereto the following
clause :

(d) carried on business in Ontario,

88. 4. 5,

rei)ealed

3. Sections 4 and 5 of the said Act are repealed.

8.6(1),

amended

4. Subsection 1 of section 6 of the said Act is amended by striking
out "stock, mileage" in the third hne and in the fifth line.

8.11.

repealed

8.12.

re-enacted

5. Section 11 of the said Act is repealed.

6. Section 12 of the said Act is repealed and the following sub-
stituted therefor:

Basic
rules,
R.S.C. 1952.
c. 148, 8. 3.
applicable

12. — (1) Except as hereinafter provided, section 3 of the
Income Tax Act (Canada) is appHcable for the purposes of
this Act in so far as the said section applies to corporations.

Section 2. This section amends subsections 2 and 3 of section 2 of
the Act to add clause d to extend the applicability of section 2 to foreign
corporations which carried on business in Ontario in a taxation year.

Section 3. This section repeals sections 4 and 5 of the Act which
are no longer necessary as a result of the tax simplification measures adopting
the various provisions of the Income Tax Act (Canada).

Section 4. This section amends subsection 1 of section 6 of the Act
by striking out the words "stock, mileage" which became unnecessary as a
result of the repeal in 1973 of sections 138 and 139 of the Act.

Section 5. This section of the Bill repeals section 1 1 of the Act
which is no longer necessary as a result of the tax simplification measures
adopting the various provisions of the Income Tax Act (Canada).

Section 6. This section re-enacts section 12 of the Act to make
section 3 of the Income Tax Act (Canada) applicable for the purposes of
the Act. This is part of the tax simplification measures adopting various
provisions of the Income Tax Act (Canada) and does not represent a sub-
stantive change to the Act.

Section 7. This section re-enacts section 13 of the Act to make
section 4 of the Income Tax Ad (Canada) applicable for the purposes of the
Act. This amendment is part of the tax simphfication measures contained
in this Bill and does not involve any substantive change to the Act.

Section 8. This section re-enacts Part II (sections 14 to 122) of the
Act as part of the tax simplification measures contained in the Bill. As
indicated in the preamble to these explanatory notes, these provisions
adopt the corresponding provisions of the Income Tax Act (Canada) where
applicable and also preserve those sections of the Act where the Act
differs from the Income Tax Act (Canada). This section of the Bill, enacting
new sections 14 to 49 of the Act, also enacts some substantive changes to the
Act. The following matters should be noted ;

1. The provision formerly found in clause / of subsection 1 of section 22
of the Act, with respect to the deduction of 5/12ths from the
amount otherwise deductible as a management fee in certain
circumstances, is now an inclusion of that amount in income as
provided in subsection 6 of the new section 14.

2. Certain sections have been deleted as they have become redundant
as a result of the adoption of the various provisions of the Income
Tax Act (Canada). For example, because of the adoption of
sections 20 and 60 (deductions) and 56 (inclusions) of the Income
Tax Act (Canada), the sections of the Act dealing with co-operative
corporations (section 113) and certain deferred income arrangements
(sections 118, 119 and 120 of the Act) became redundant and are
no longer required.

3. Certain sections have been amended for clarification, for example,
clause c of subsection 8 of the new section 14 amends the wording
of the former subsection 2 of section 22 of the Act.

4. The new section 29 of the Act relating to charitable donations
and gifts to Her Majesty represents a change from the former
section 98 of the Act, in that gifts to provinces other than Ontario
will now be fully deductible, in line with the treatment given to
such gifts under the Income Tax Act (Canada) and by the other
provinces. The former section 98 limited this deduction to 20
per cent of the donor corporation's income.

5. The new section 45 of the Act adds a section adopting the pro-
visions of the Income Tax Act (Canada) with respect to deposit
insurance corporations.

6. The former section 115 of the Act relating to insurance companies
has been simplified as a result of the adoption of the various
other provisions of the Income Tax Act (Canada); however, the
new section 46 does not make any substantive change in the
taxation of such companies.

(2) In the application of the said section 3 for the purposes ^^fog^®'
of this Act, the reference in paragraph c thereof to "sub-
division e" shall be deemed to be a reference to Subdivision
D of Part II of this Act.

7. Section 13 of the said Act is repealed and the following sub- ^^13^^^^^^.^^
stituted therefor:

Income or

13. Except as hereinafter provided, section 4 of the ^°|^,^°^qj.
Income Tax Act (Canada) is applicable for the purposes of from sources

... . f , . , . , . ^ ^ . in a place

this Act in so far as the said section apphes to corporations, rsc 1952

c. 148

8. Part II of the said Act, exclusive of sections 8 to 13a, as^^Y4-49,
amended by the Statutes of Ontario, 1973, chapter 42, sections re^-enacted),
3 to 9, 1973, chapter 157, sections 2 to 11, 13 to 15 and 17 to repealed)'
31, 1974, chapter 75, sections 3 to 6 and 8, 1975, chapter 17,
sections 4 to 56 and 58 to 63, 1976, chapter 32, sections 2 to

16, 1976, chapter 63, section 1, 1976, chapter 80, section 1 and
1977, chapter 16, sections 1 and 2, is repealed and the follow-
ing substituted therefor:

Subdivision A — income or loss from a business

OR PROPERTY

14. — (1) Except as hereinafter provided, the income or loss ^^p^cation
of a corporation for a taxation year from a business or RS.c. 1952,
property shall for the purposes of this Act be determined
in accordance with subdivisions a and b of Division B of
Part I of the Income Tax Act (Canada) and the said sub-
divisions a and b are applicable to this Act in so far as the
said subdivisions apply to corporations.

(2) In the application of section 10 of the Income Tax\ll^^°^°^
Act (Canada) for the purposes of this Act the amount deter-
mined for the purposes of the Income Tax Act (Canada) as
the value of property described in an inventory is appli-
cable for the purposes of this Act, except that,

(a) where land is included in an inventory of a cor-
poration and the corporation has, in calculating its
income for the taxation year or any previous taxation
year, deducted an amount referred to in clause c
of subsection 8 in respect of such land, the amount
so deducted shall not be included in determining
the value of the inventory for the purposes of sub-
section 1 ; and

(6) the Minister may determine the value of the
property described in an inventory for the purposes

of assessment under this Act if he is of the opinion
that the values have been incorrectly determined
by the corporation.

Payment or
refund of a
fee under
Ontario Beef
Calf Income
SUbiUsatlon
Program to be
Included In
income

(3) In addition to any other amount required by virtue
of subsection 1 to be included in computing the income of a
corporation for a taxation year as income from a business
or property, there shall be included any amount received
by the corporation as a stabilization payment or refund
of a fee under the Ontario Beef Calf Income Stabilization
Program.

Disposition of
depreciable
property :

(4) In the application of section 13 of the Income Tax
Ad (Canada) for the purposes of this Act, the following
rules apply,

Undepre-
ciated
capital cost

(a) subsections 7.1 and 10 of the said section 13 and
subparagraph vi of paragraph/ of subsection 21 of
the said section 13 are not applicable in determining
the capital cost or the undepreciated capital cost of
depreciable property of a prescribed class for the
purposes of this Act and the regulations;

Reduction of
capital cost by
amount of
government
assistance

{b) where a corporation has received or is entitled to
receive a grant, subsidy, forgivable loan, investment
allowance or other assistance from a government,
municipality or other public authority in respect of
or for the acquisition of property, other than an
amount.

R.S.C. 1970.
C. MO

1965. C. 12
(Can.)

(i) authorized to be paid under an Appropriation
Act (Canada) and on terms and conditions
approved by the Treasury Board of the
Government of Canada in respect of scientific
research expenditures incurred for the purpose
of advancing or sustaining the technological
capability of Canadian manufacturing or
other industry,

(ii) authorized to be paid under the Industrial
Research and Development Incentives Act
(Canada) or the Area Development Incentives
Act (Canada) and approved by the Minister,
or

R.S.C. 1952,
0.148

(iii) deducted as an allowance under section 65
of the Income Tax Act (Canada) or section '•
19 of this Act,

Subsection 12 of the new section 14 of the Act (non-capital loss
on the disposition of shares of a V.I.C), subsection 5 of the new
section 15 of the Act (capital loss on disposition of shares of a
V.I.C), subsections 4, 5 and 6 of the new section 16 of the Act
(amounts to be included in income on the disposition of the shares
of a V.I.C), subsection 5 of the new section 25 of the Act (transfer of
the shares of a V.I.C. on an amalgamation or winding-up) and the new
section 31 of the Act (deduction from taxable income on acquisi-
tion of shares of a V.I.C) are all new provisions, contained in
section 8 of the Bill, relating to the treatment of the acquisition
and disposition of shares of a company registered under The Venture
Investment Corporations Registration Act, 1977, and will come into
force on proclamation when The Venture Investment Corporations
Registration Act, 1977, is proclaimed into force.

Basically, a corporation will be allowed a deduction from
taxable income earned in Ontario equal to 250 per cent of its
investment in the shares of a V.I.C, and the amount eligible for
such deduction not used in the year may be carried forward
indefinitely. On the disposition of such shares, 250 per cent of the
proceeds will be included in the investor's income for the year of the
disj)osition. Recoveries in excess of the original cost of the shares
will be treated as capital gains. Non-capital losses on the disposition
of such shares will not be allowed, and capital losses on such
dispositions will be limited, since the deferred taxes on the loss
portion of the investment will not be recovered.

the capital cost of the property to the corporation
shall be deemed to be the amount by which the
aggregate of,

(iv) the capital cost thereof to the corporation,
otherwise determined, and

(v) such part, if any, of the assistance as has
been repaid by the corporation pursuant to
an obligation to repay all or part of that
assistance,

exceeds,

(vi) the amount of assistance.

(5) In the apphcation of section 17 of the Income ^«^ nonresident
Act (Canada) for the purposes of this Act, subsection 2 person
thereof does not apply in determining whether an amount

shall be included in the income of a corporation in accord-
ance with subsection 1 thereof.

(6) Where an amount in respect of, fee^rent^nd*

similar

la) a management or administration fee or charge; tonon-

^ ° resident to be

Included In

(b) a rent, royalty or a similar payment; or income

(c) a right in or to the use of motion picture film
or films or video tapes for use in connection with
television that have been or are to be used or
reproduced in Canada,

is paid or payable by a corporation to a non-resident person
with whom it was not dealing at arm's length, the cor-
poration shall include 5/12ths of such amount in com-
puting its income from a business or property for the taxation
year in which the amount was subjected to tax under
paragraph a, d or e oi subsection 1 of section 212 of the
Income Tax Act (Canada) or subsection 5 of that section, ^f^^-^^^^.
except that clause h does not apply where the non-resident
person to whom the amount is paid or payable is a corporation
liable to the taxes imposed under this Act by virtue of
clause b of subsection 2 or clause b of subsection 3 of section 2.

(7) Section 19.1 of the Income Tax Act (Canada) is not ^^''j;;^^'^*^^^^^^
applicable in computing the income of a corporation from aj,°^^*|^j.j
business or property for a taxation year for the purposes of undertaking
this Act.

D«duotlonB
allowed

Capital coat
of property

Fee under
Ontario Beef
Calf Income
SUbilization
Progrram

Certain
Interest
and property
taxes on land

(8) Subsection 2 of section 18 of the Income Tax Act
(Canada) and paragraphs a and v.l of subsection 1 of section
20 of that Act are not applicable in computing the income
of a corporation for a taxation year from a business or
property for the purposes of this Act, and in lieu thereof
there may be deducted such of the following amounts as
are applicable:

(a) such part of the capital cost to the corporation of
property, or such amount in respect of the capital
cost to the corporation of property, as is allowed
by regulation;

(b) an amount paid by the corporation in the taxation
year as a fee under the Ontario Beef Calf Income
Stabilization Program;

(c) notwithstanding paragraph c of subsection 1 of
section 20 of the Income Tax Act (Canada) as made
applicable to this Act but subject to subsection 3
of section 18 of the said Act, any amount paid or
payable by the corporation in the year and after
1971 as, on account or in lieu of payment of, or in
satisfaction of,

(i) interest on borrowed money used to acquire
land or on an amount payable by the cor-
poration for land, or

(ii) property taxes, not including income or
profits taxes or taxes computed by reference
to the transfer of property, paid or payable
by the corporation in respect of land to a
province or a Canadian municipality,

if, having regard to all the circumstances, including
the cost to the corporation of the land in relation
to its gross revenue, if any, therefrom for that or
any previous year, the land can reasonably be con-
sidered to have been, in that year,

(iii) included in the inventory of a business car-
ried on by the corporation,

(iv) otherwise used in, or held in the course of,
carrying on a business carried on by the
corporation, or

(v) held primarily for the purpose of gaining or
producing income of the corporation from
the land for that year,

and if none of subclauses iii, iv and v is applicable,
then the deduction under this clause is permitted
only to the extent that the corporation's gross
revenue, if any, from the land for that year exceeds
the aggregate of all other amounts deducted in
computing its income from the land for that year ;

(d) such amount as is allowed to the corporation by^®^^^®^
regulation in respect of oil or gas resources in
Canada, as defined by regulation.

(9) In the application of paragraph n of subsection 1 o^no^auo""!
section 20 of the Income Tax Act (Canada) for the purposes of

this Act,

(a) notwithstanding subsection 8 of section 20 of the NOj.Jg^^tio°
Income Tax A ct (Canada) , the said paragraph n does property in
not apply to allow a deduction in computing thecircum-
income of a corporation for a taxation year from a
business in respect of a property sold in the course
of the business if the corporation at the end of the
taxation year or at any time in the immediately
following taxation year,

(i) was exempt from tax under any provision
of this Part, or

(ii) ceased to have a permanent establishment in
Canada; and

(6) the said paragraph n does not apply to allow a [Jj°j,^|^^^^*°°
deduction in computing the income of a corporation of sale of ^^
for a taxation year from a business where the security
corporation has, in the taxation year sold, pledged, ^^°^^
assigned or in any way disposed of any security
received by it as payment in whole or in part for the
sale of property in respect of which the corporation
has, in that or a previous taxation year, been
allowed a deduction under that paragraph for the
purposes of this Act.

(10) In the application of paragraph s of subsection 1 of^^f^P""®"
section 20 of the Income Tax Act (Canada) for the purposes r.sc. 1952.
of this Act, the reference therein to "Minister" shall be°
deemed to be a reference to the Minister of National Revenue

for Canada.

(11) Section 27 of the Income Tax Act (Canada) is not JJ^^j^t,o„g
applicable for the purposes of this Act and in lieu thereof

the following provisions shall apply:

Prescription

Where a corporation referred to in paragraph d of
subsection 1 of section 149 of the Income Tax Act
(Canada) is otherwise exempt under section 49 of this
Act and subsection 1 of section 135 of this Act, such
exemptions do not apply if the corporation is pre-
scribed by regulation.

Transfers of
land for
disposition

2. Where land has been transferred to a corporation
prescribed in the regulations for the purpose of
disposition, the acquisition of the property by the
corporation and any disposition thereof shall be
deemed not to have been in the course of the business
carried on by the corporation.

Lesson
disposition
of snares
of a

Venture
Investment
Corporation
1977; c. 10

(12) Where in a taxation year a corporation has incurred
a loss, other than a capital loss, from the disposition of
property that is shares of the capital stock of a corporation
registered under The Venture Investment Corporations Re-
gistration Act, 1977 , such loss shall not be allowed in comput-
ing the income or loss of the corporation from a business or
property for the taxation year.

Subdivision B — taxable capital gains and
allowable capital losses

Application

R.S.C. 1952.

C.148

Idem

15. — (1) Except as hereinafter provided, the taxable capital
gains and allowable capital losses of a corporation for a
taxation year from the disposition of any property shall
for the purposes of this Act be determined in accordance
with subdivision c of Division B of Part I of the Income
Tax Act (Canada) and the said subdivision c is applicable
to this Act in so far as the said subdivision applies to cor-
porations.

(2) Paragraph c of subsection 1 of section 48 of the Income
Tax Act (Canada) is not applicable for the purposes of this
Act.

Idem

(3) In the application of paragraph a of subsection 2 of
section 40 of the Income Tax Act (Canada) for the purposes
of this Act, subparagraph i thereof shall be read as though
the words "was not resident" were deleted and the words
"ceased to have a permanent establishment" were inserted
in lieu thereof.

Adjustments
to cost base

(4) In computing the adjusted cost base to a corporation
of property in accordance with the provisions made appli-
cable by subsection 1, the following rules apply for the pur-
p)oses of this Act,

(a) where the property is a foreign resource property,
there shall be added to the cost of the property
to the corporation that part of the foreign explora-
tion and development expenses incurred by the
corporation after 1971 with respect to the property
that is not allowed as a deduction from income for
purposes of this Act;

{b) clause B of subparagraph ii of paragraph c of sub-
section 2 of section 53 of the Income Tax yl c^ Rsc. 1952,

c. 148

(Canada) shall apply as if the words "foreign ex-
ploration and development expenses" were deleted;

(i) as if the words "deduction from tax" were
deleted, and

(ii) as if the reference in clause B thereof to
section 65 were a reference to the said section
65 and to section 19 of this Act;

(d) where the property is a foreign resource property,
there shall be deducted in respect of such property
any amount that has become receivable by the
corporation at a particular time in a taxation year
as the result of a transaction that occurred after
the 6th day of May, 1974, in which the consideration
given by the corporation for the amount was
property or services the original cost of which may
reasonably be regarded as having been foreign
exploration and development expenses.

(5) Notwithstanding the rules contained in subsection 1 of Capital loss

■ An e t^ T T- A ,^ 1- on disposition

section 40 of the Income Tax Act (Canada) as made appli- ofsharesofa

V6ntu.r6

cable by subsection 1 of this section, a corporation's capital investment
loss from the disposition of property that is shares in the ^°''p°^**'°°
capital stock of a corporation registered under The Venture ^^'^'^' ^ ^°
Investment Corporations Registration Act, 1977, is the amount
by which,

(a) the capital loss in respect of such disposition,
otherwise determined,

exceeds,

{b) the amount in respect of such shares that was
deducted under section 31 minus the amount in-
cluded in income under subsection 4 of section 16.

utfon™ ^^) ^" ^^^^ Subdivision,

(a) "foreign exploration and development expenses"
incurred by a corporation means,

(i) any drilling or exploration expense, including
any general geological or geophysical expense,
incurred by it on or in respect of exploring or
drilling for petroleum or natural gas outside
Canada,

(ii) any prospecting, exploration or development
expense incurred by it in searching for
minerals outside Canada,

(iii) any annual payment made by the corporation
for the preservation of a foreign resource
property, and

(iv) its share of the foreign exploration and
development expenses incurred by any associ-
ation, partnership or syndicate in a fiscal
period thereof, if at the end of that fiscal
period it was a member or partner thereof;

(b) "foreign resource property" of a corporation means
any property that would be a Canadian resource
property of the corporation within the meaning
of paragraph c of subsection 15 of section 66 of the

R.s^c. 1952. Income Tax Act (Canada) if that paragraph were

read as if the references therein to "in Canada"
were references to "outside Canada" and were read
without reference to the words "after 1971".

Subdivision C — other sources of income

R.8x;.i9e2. 15 — ^ij Except as hereinafter provided, subdivision d of

apjfiiibie**^ Division B of Part I of the Income Tax Act (Canada) is

applicable for the purposes of this Act in so far as the said

subdivision applies to corporations.

(2) In the application of subsection 1 of section 56 of the interpre-
Incotne Tax Ad (Canada) for the purposes of this Act, the rs.c. 1952.
reference in subparagraph i of paragraph / thereof to "this '^^^^
Act" shall be deemed to be a reference to both the Income

Tax Act (Canada) and this Act.

(3) Section 59 of the Income Tax Act (Canada) is not Disposition
applicable for the purposes of this Act, and in lieu thereof property
the following provisions apply,

(a) where a corporation disposes of, Amount

^ ' * r ' receivable as

consideration
,.. ^ ,. , for disposition

(1) a Canadian resource property, or of resource

property

(ii) any right, licence or privilege described in
subsection 12 of section 58 of The Corporations
Tax Act, as it read in its application to
taxation years prior to 1972, that was acquired
by the corporation,

(A) before 1972 in the case of,

1. a corporation that is a principal-
business corporation within the
meaning given to that expres-
sion by subsection 14 of section
20 or that was, at the time it
acquired the property, such a
principal-business corporation,
or

2. an association, partnership or
syndicate described in sub-
section 4 of section 83A of the
Income Tax Act (Canada) as it
read in its application to the
1971 taxation year, and

(B) after April 10, 1962 and before 1972,
in any other case,

under an agreement or other contract or
arrangement described therein,

the corporation's proceeds of disposition therefrom
shall be included in computing the corporation's
income for the taxation year, to the extent that
the proceeds become receivable in that year;

(6) there shall be included in computing a corporation's ^JSyc^^'ji
income for a taxation year any amount in respect under b.ib

, ^ ^ ^ in preceding

01 , year

Disposition of
resource
property
acguired
before 1972

R.S.C. 1952.
c. 148

Interpre-
tation

(i) a Canadian resource property, or

(ii) any property referred to in subclause ii of
clause a or in clause c,

that has been deducted under section 18 in comput-
ing the corporation's income for the immediately
preceding taxation year;

(c) where a corporation has made a disposition of
property owned, or deemed to have been owned,
by it on the 31st day of December, 1971 and there-
after without interruption until the date of disposi-
tion that is property described in any of subpara-
graphs i to vi of paragraph c of subsection 15 of
section 66 of the Income Tax Act (Canada) and is
not property described in subclause ii of clause a,
the following rules apply,

(i) the relevant percentage of the corporation's
proceeds of disposition therefrom shall be
included in computing the corporation's in-
come for the taxation year to the extent that
the proceeds become receivable, and

(ii) where the corporation and the person who
acquired the property were not dealing with
each other at arm's length, for the purposes
of this subsection and section 20,

(A) the cost to that person of the property
shall be deemed to be the amount
included in the corporation's income by
virtue of subclause i in respect of the
disposition by the corporation of the
property, and

(B) when that person subsequently disposes
of the property or any right or interest
therein, that person shall be deemed to
have owned the property on the 31st
day of December, 1971 and thereafter
without interruption until the disposi-
tion thereof;

(d) in this subsection,

(i) "relevant percentage" has the meaning given
to that expression by subsection 4 of section
59 of the Income Tax Act (Canada),

(ii) "disposition" and "proceeds of disposition"
have the meaning given to those expressions
by section 54 of the Income Tax Act (Canada). ^ f^s'^®*^'

(4) In addition to any other amount that is required to q/ |g°feJ°°
be included in computing the income of a corporation for a of a venture

iDVGStmGIlt

taxation year by virtue of the provisions of subdivision d corporation
of Division B of Part I of the Income Tax Act (Canada)
that are made apphcable by subsection 1 of this section,
there shall be included the following amounts:

(a) where, in a taxation year, shares of the capital

stock of a corporation that is registered under The ^^^- ^- ^°
Venture Investment Corporations Registration Act,
1977 have been disposed of by the corporation, an
amount equal to the aggregate of,

(i) 250 per cent of the lesser of,

(A) the cost to the corporation of the said
shares disposed of, and

(B) the proceeds of disposition of such
shares, and

(ii) that proportion of the amount determined
under subclause i that,

(A) the taxable income of the corporation
for the year, determined without refer-
ence to this section, that would be
deemed to have been earned in all
jurisdictions other than Ontario for
the purposes of section 34,

is of,

(B) the amount by which the taxable in-
come of the corporation for the year,
determined without reference to this
section, exceeds the amount determined
under sub-subclause A ; and

(6) where at a particular time in the taxation year
the registration of a corporation that is registered
under The Venture Investment Corporations Registra-
tion Act, 1977 (hereinafter in this subsection referred
to as the V.I.C.) has been revoked pursuant to
section 6 of that Act and at the particular time

the corporation owned shares of the capital stock
of the V.I.C, an amount equal to the aggregate of,

(i) 250 per cent of the cost to the corporation
of the said shares, and

(ii) that proportion of the amount determined
under subclause i that,

is of.

Idem
1977. c. 10

Idem

(B) the amount by which the taxable
income of the corporation for the year,
determined without reference to this
section, exceeds the amount deter-
mined under sub-subclause A.

(5) Where in a taxation year a corporation that owns
shares in the capital stock of a corporation that is registered
under The Venture Investment Corporations Registration Act,
1977 has ceased to have a permanent establishment in Ontario
within the meaning of section 7, the corporation shall for
the purposes of subsections 4 and 6 of this section be deemed
to have disposed of the shares in that year for proceeds
equal to the cost to the corporation of the shares.

(6) Where in a taxation year a corporation that owns
shares of the capital stock of a corporation that is registered
under The Venture Investment Corporations Registration Act,
1977 has disposed of or is deemed to have disposed of any
of those shares, or the registration of the corporation that
is registered under The Venture Investment Corporations Regis-
tration Act, 1977 has been revoked pursuant to section 6 of
that Act, and all of the taxable income of the corporation
for the year, determined without reference to this subsection,
is deemed for the purposes of section 34 to have been earned
in jurisdictions other than Ontario, the following rules
apply,

[a] the amount of the corporation's taxable income for
the year shall be determined as if it has no income
other than the amount determined under clause
a or 6 of subsection 4, as the case may be ;

(b) the only amounts deductible under this Act by the
corporation in determining its taxable income for the
year shall be its undeducted eligible expenditures,
within the meaning of section 31, as at the end of
the immediately preceding taxation year; and

(c) for the purposes of section 34, no portion of the
corporation's taxable income as determined under
clauses a and b shall be deemed to have been earned
in jurisdictions other than Ontario.

Subdivision D — deductions in
computing income

17. — (1) Except as hereinafter provided, section 60 of the Amplication
Income Tax Act (Canada), is applicable for the purposes of RS-C. 1952,
this Act in so far as the said section applies to corporations.

(2) In the application of subparagraph i of paragraph 0 tatfon'^^
of the said section 60 for the purposes of this Act, the
reference therein to "this Act" shall be deemed to be a
reference to both the Income Tax Act (Canada) and this ^^^^^^2,
Act.

(3) In addition to the deductions permitted by virtue of S[*^'^*'^*°"
subsection 1 , there may be deducted in computing the income deductible
of a corporation for a taxation year all corporation taxes
payable in the taxation year by the corporation.

(4) In this section, utfo^^'

(a) "corporation income tax" means a tax imposed by
the Parliament of Canada or by the Legislature of
a province or by a municipality in the province
that is declared by the regulations to be a tax of
general application on the profits of corporations;

(6) "corporation tax" means a tax imposed by the
Legislature of a province or by a municipality in the
province that is declared by the regulations to be a
tax on corporations, but does not include,

(i) a corporation income tax, or

(ii) any other tax declared by the regulations not
to be a corporation tax.

Reserve In
respect of

18. — (1) In computing a corporation's income for a taxa- fo^dlspSsi^ion
tion year, in this subsection referred to as the "current year", ptoM?ty not

where. Sue until

subsequent
year

(a) by virtue of clause a or c of subsection 3 of section
16, subsection 11 of section 20, or clause a of sub-
section 12 of section 20, an amount has been included
in computing the corporation's income for the current
year or a previous taxation year; or

(b) an amount referred to in paragraph b of subsection 1
of section 64 of the Income Tax Act (Canada) has
been included in computing, for the purposes of this
Act, the corporation's income for that previous taxa-
tion year,

R.S.C. 1952.
c. 148

in respect of the disposition of any property and that amount
or a part thereof is not due until a day that is after the end
of the current year, there may be deducted as a reserve in
respect of that amount the part thereof that is not due until
a day that is after the end of the current year, not exceeding,
where the property was disposed of in a taxation year preced-
ing the current year, any amount deducted under this sub-
section in respect of the disposition of the property in
computing the corporation's income for the taxation year
immediately preceding the current year, and for greater
certainty, no deduction may be made in respect of that
amount under paragraph n of subsection 1 of section 20 of
the Income Tax Act (Canada) as that paragraph applies by
virtue of section 14 of this Act.

Application of

SUOB. 1

(2) Subsection 1 does not apply to allow a deduction in
computing the income of a corporation for a taxation year
if the corporation, at any time in the taxation year or in the
immediately following taxation year,

(a) ceases to be a resident of Canada;

(6) becomes exempt from tax under any provision of
this Part; or

Application
of section

(3) For the purpose of clause d of subsection 2 of section 1 ,
this section applies in lieu of section 64 of the Income Tax
Act (Canada).

Allowance for
oil or ^as well,
mine or
timber limit

19. — (1) There may be deducted in computing a corpora-
tion's income for a taxation year such amount as an allowance,
if any, in respect of,

(a) an oil or gas well, mineral resource or timber limit ;
or

(6) the processing, to the prime metal stage or its
equivalent, of ore from a mineral resource,

as is allowed by regulation.

(2) For greater certainty it is hereby declared that, in the Regulations
case of a regulation made under subsection 1,

{a) there may be prescribed by such regulation an
amount in respect of any or all,

(i) oil or gas wells or mineral resources in which
the corporation has an interest, or

(ii) processing operations described in clause b
of subsection 1 that are carried on by the
corporation; and

(6) notwithstanding any other provision contained in
this Act, the Lieutenant Governor in Council may
prescribe the formula by which the amount that
may be allowed to the corporation by such regu-
lation shall be determined.

(3) Where a deduction is allowed under subsection 1 in Lessees

* ' share of

respect of a coal mine operated by a lessee, the lessor and allowance
lessee may agree as to what portion of the allowance each
may deduct and, in the event that they cannot agree, the
Minister may fix the portions.

(4) For the purpose of clause d of subsection 2 of section 1 , Application
this section applies in lieu of section 65 of the Income Tax RS-C i952.
Act (Canada).

20. — (1) A principal-business corporation may deduct, in fnldeveVop-
computing its income for a taxation year, the lesser of, ment expenses

' " -^ of principal-

business

(a) the aggregate of such of its Canadian exploration ^°^^^^^ °°^
and development expenses as were incurred by it

before the end of the taxation year, to the extent
that they were not deductible in computing income
for a previous taxation year; and

(b) of that aggregate, an amount equal to its income
for the taxation year if no deduction were allowed
under this section or section 19, minus the deduc-
tions allowed for the taxation year by subsection 5
and by sections 112 and 113 of the Income Tax Act
(Canada) as made applicable by section 29 of this
Act.

ExvetMwot (2) A corporation other than a principal-business corpora-

corporationa tion may deduct, in computing its income for a taxation

year, the lesser of,

{a) the aggregate of such of its Canadian exploration
and development expenses as were incurred by it
before the end of the taxation year to the extent
they were not deductible in computing its income
for a previous taxation year; and

(6) of that aggregate, the amount, if any, by which
the greater of,

(i) such amount as the corporation may claim,
not exceeding 20 per cent of the aggregate
determined under clause a, and

(ii) the aggregate of,

(A) such part of its income for the taxation
year as may reasonably be regarded as
attributable to the production of petro-
leum or natural gas from wells in
Canada or to the production of minerals
from mines in Canada,

(B) its income for the taxation year from
royalties in respect of an oil or gas
well in Canada or a mine in Canada,
and

(C) the aggregate of amounts each of which
is an amount, in respect of a Canadian
resource property or a property referred
to in subclause ii of clause a of sub-
section 3 of section 16 or clause c of
subsection 3 of section 16 that has been
disposed of by it, equal to the amount,
if any, by which,

1. the amount included in com-
puting its income for the taxa-
tion year by virtue of subsection
3 of section 16 in respect of the
disposition of the property,

exceeds,

2. the amount deducted under sec- ;
tion 18 in respect of the property
in computing its income for the
taxation year.

if no deductions were allowed under
section 19,

exceeds,

(iii) the amount of any deduction allowed by the
Corporations Tax Application Rules, 1972 in
respect of this subclause in computing its
income for the taxation year.

(3) A corporation other than a principal-business corpora- e°pior^ation
tion may deduct, in computing its income for a taxation and

-' r o development

year, the lesser of, expenses:

■^ corporation

other than
a prlncipal-

(a) the aggregate of such of its Ontario exploration and corporation
development expenses as were incurred by it before
the end of the taxation year to the extent that
they were not deducted in computing its income for
a previous year, minus that portion of the deduction
allowed, if any, in computing its income for the
taxation year under subsection 2 which is reason-
ably attributable to Ontario exploration and develop-
ment expenses; and

(6) that portion of the amount determined under clause a
equal to the amount of its income for the taxation
year if no deductions were allowed under this section,
minus,

(i) that portion of the deduction allowed for the
taxation year under subsection 2 which is
reasonably attributable to Ontario explora-
tion and development expenses, and

(ii) the deduction allowed for the taxation year

under sections 112 and 113 of the Income Tax ??;?-^®^2'

C. 148

Act (Canada) as made applicable by section 29
of this Act.

(4) Subsection 3 of section 16, section 18 and subsections Dealers
2 and 3 do not apply in computing the income for a taxation
year under this Part of a corporation, other than a principal-
business corporation, whose business includes trading or deal-
ing in rights, licences or privileges to explore for, drill for or
take minerals, petroleum, natural gas or other related
hydrocarbons.

Canadian

exploration

and

development

expenses

deductible

by successor

corporation

and second

successor

corporation

R.S.C. 1952.
0.148

Joint

exploration
corporation:
renunciation
of its

exploration
and develop-
ment expenses
in favour
of shareholder
corporation

(5) There may be deducted in computing the income for a
taxation year of a corporation that is a successor corporation
or a second successor corporation, as the case may be, within
the meaning of subsection 6 or 7 of section 66 of the Income
Tax Act (Canada), the amount, if any, that would be deduct-
ible by it under either of those subsections on the basis that
the reference in paragraph b of each of the said subsections,

(a) to "this section" is deemed to be a reference to this
section of this Act;

(b) to section 65 is deemed to be a reference to section 19

of this Act ;

(d) to the Income Tax Application Rules, 1971, is
deemed to be a reference to the Corporations Tax
Application Rules, 1972.

(6) The portion, if any, of its Canadian exploration and
development expenses that a joint exploration corporation
may renounce in favour of a shareholder corporation shall
be determined in accordance with the rules provided in sub-
section 10 of section 66 of the Income Tax Act (Canada)
and paragraphs a and b of the said subsection are applicable,
except that for the purposes of this subsection,

(a) the references in the said subsection to subsections
1 and 3 of that section shall be deemed to be
references to subsections 1 and 2 of this section ; and

{b) the references in paragraph b of the said subsection
to paragraph a of subsection 1 of that section shall
be deemed to be a reference to clause a of subsec-
tion 1 of this section.

Control
change

(7) Subsection 11 of section 66 of the Income Tax Act
(Canada) is applicable for the purposes of this section, except
that, in its application for the purposes of this section, the
said subsection shall be read without the reference therein
to "cumulative Canadian exploration expense, cumulative
Canadian development expense and foreign exploration and
development expenses".

Computation
of explora-
tion and
development
expenses

(8) In computing the Canadian exploration and develop-
ment expenses and Ontario exploration and development
expenses of a corporation,

[a) there shall be deducted the aggregate of all amounts
paid to it after 1971 and before the 25th day of May,
1976.

(i) under the Northern Mineral Exploration A ssist-
ance Regulations (Canada) made under an
Appropriation Act (Canada) that provides for
payments in respect of the Northern Mineral
Grants Program,

(ii) pursuant to any agreement entered into be-
tween the corporation and Her Majesty in
right of Canada under the Northern Mineral
Grants Program or the Development Program
of the Department of Indian Affairs and
Northern Development, or

(iii) under the Mineral Exploration Assistance Pro-
gram (Ontario),

to the extent that the amounts have been expended
by the corporation as or on account of Canadian
exploration and development expenses or Ontario
exploration and development expenses, as the case
may be; and

(6) there shall be included any amount, except an
amount in respect of interest, paid by the corpora-
tion, after 1971 in respect of amounts paid to it
before the 25th day of May, 1976, under the Regu-
lations referred to in subclause i of clause a to Her
Majesty in right of Canada and under the Mineral
Exploration Assistance Program (Ontario) to Her
Majesty in right of Ontario.

(9) Except as otherwise provided in this section, where a Limitations
corporation has incurred an outlay or expense in respect of

which a deduction from income is authorized under more
than one provision of this section, the corporation is not
entitled to make the deduction under more than one pro-
vision but is entitled to select the provision under which to
make the deduction.

(10) Notwithstanding subsection 9, a corporation that is ^<*®'"
entitled to a deduction under both subsections 2 and 3 may,

in addition to the deduction under subsection 2, deduct
such additional amount as it may claim in resp)ect of Ontario
exploration and development expenses under subsection 3.

(11) Except as expressly otherwise provided in this Act, o/canaduuf
where, as a result of a transaction occurring after the 6th exploration
day of May, 1974, an amount has become receivable by a ment expenses
corf)oration at a particular time in a taxation year and the
consideration given by the corporation therefor was property

(other than a property referred to in subsection 3 of section

Unltised oil
or gas field
in Canada

16 or a share or interest therein or a right thereto) or
services, the original cost of which to the corporation may
reasonably be regarded as having been primarily Canadian
exploration and development expenses of the corporation
or would have been so regarded if they have been incurred
by the corporation after 1971, there shall be included in its
income for that taxation year the amount that became receiv-
able by it at that time.

(12) Where, pursuant to an agreement between a corpora-
tion and another person to unitize an oil or gas field in
Canada, an amount has become receivable by the corpora-
tion at a particular time after the 6th day of May, 1974
from that other person in respect of Canadian exploration
and development expenses incurred by the corporation, or
expenses that would have been Canadian exploration and
development expenses if they had been incurred by it after
1971, in respect of that field or any part thereof, the following
rules apply.

Amount
deemed
deductible
under this
Subdivision

(a) there shall, at that time, be included in computing
the corporation's income for the taxation year the
amount that became receivable by it ; and

(b) there shall, at that time, be included by the other
person, where that person is a corporation, in its
drilling or exploration expense the amount that
became payable by that person.

(13) For the purposes of section 12, any amount deductible
under the Corporations Tax Application Rules, 1972 in respect
of this subsection shall be deemed to be deductible under
this Subdivision.

Interpre-
tation
R.S.C. 1952,
C. 148

(14) In this section and in the provisions of the Income
Tax Act (Canada) made applicable for the purposes of this
section,

(a) "agreed portion" has the meaning given to that
expression by paragraph a of subsection 15 of section
66 of the Income Tax Act (Canada);

(b) "Canadian exploration and development expenses"
incurred by a corporation means.

any drilling or exploration expense, including
any general geological or geophysical expense,
incurred by the corporation after 1971 on or
in respect of exploring or drilling for petro-
leum or natural gas in Canada,

(ii) any prospecting, exploration or development
expense incurred by it after 1971 in searching
for minerals in Canada,

(ill) notwithstanding paragraph m of subsection 1

of section 18 of the Income Tax Act (Canada), ^•f48'-^^^^-

as that section applies to this Act by virtue

of section 14 of this Act, the cost to the

corporation of a Canadian resource property,

but for greater certainty not including any

payment made to any of the persons referred

to in any of the subparagraphs i to iii of the

said paragraph m for the preservation of a

person's rights in respect of a Canadian

resource property or a property that would

have been a Canadian resource property if it

had been acquired by the corporation after

1971, and not including a payment to which

the said paragraph m applied by virtue of

subparagraph v thereof,

(iv) the corporation's share of any of the expenses
referred to in subclauses i, ii and iii incurred
after 1971 by any association, partnership or
syndicate in a fiscal period thereof, if at the
end of that fiscal period the corporation was
a member or partner thereof, and

(v) any expenses referred to in subclauses i, ii
and iii incurred after 1971 pursuant to an
agreement with another corporation under
which the corporation incurred the expense
solely in consideration for shares of the capital
stock of the other corporation issued to it by
the other corporation or any interest in such
shares or right thereto,

but for greater certainty, does not include,

(vi) any consideration given by the corporation
for any share or any interest therein or right
thereto, except as provided by subclause v,
or

(vii) any expense described in subclause v incurred
by another person to the extent that the
exp)ense was, by virtue of subclause v, a
Canadian exploration and development
expense of that other person,

but no amount of assistance or benefit that a cor-
poration has received or is entitled to receive after
the 25th day of May, 1976 from a government,
municipality or other public authority in respect of
or related to its Canadian exploration and develop-
ment expenses, whether as a grant, subsidy, forgiv-
able loan, deduction from royalty or tax, investment
allowance or any other form of assistance or benefit,
shall reduce the amount of any of the expenses
described in any of subclauses i to v;

(c) "drilling or exploration expense" incurred on or in
respect of exploring or drilling for petroleum or
natural gas has the meaning given to that expression
by paragraph d of subsection 15 of section 66 of

^■f^'^^^" the Income Tax Act (Canada);

(d) "joint exploration corporation" has the meaning
given to that expression by paragraph g of sub-
section 15 of section 66 of the Income Tax Act
(Canada) ;

(e) "Ontario exploration and development expenses"
incurred by a corporation means any expenses that
would be Canadian exploration and development
expenses incurred by the corporation if clause b of
this subsection were read as if the references therein
to.

(i) "in Canada" were references to "in Ontario",

(ii) "after 1971" were references to "after the
9th day of April, 1974", and

(iii) "Canadian" were references to "Ontario";

(/) "Ontario resource property" of a corporation means
any property that would be a Canadian resource
property of the corporation within the meaning of
paragraph c of subsection 15 of section 66 of the
Income Tax Act (Canada) if that paragraph were
read as if the references therein to,

(i) "in Canada" were references to "in Ontario",
and

(ii) "after 1971" were references to "after the
9th day of April, 1974";

(g) "principal-business corporation" has the meaning
given to that expression by paragraph h of sub-
section 15 of section 66 of the Income Tax Act'^-^^'^^^^'
(Canada) ;

{h) "shareholder corporation" of a joint exploration cor-
poration has the meaning given to that expression •
by paragraph i of subsection 15 of section 66 of the
Income Tax Act (Canada), except that subparagraph
ii thereof shall, in its application for the purposes
of this section, be read without the reference therein
to "a Canadian exploration expense or a Canadian
development expense".

(15) For the purposes of clause d of subsection 2 of section ^pp^**^"°°
1, this section applies in lieu of sections 66, 66.1 and 66.2 of
the Income Tax Act (Canada).

21. Section 66.3 of the Income Tax Act (Canada) is appli- f^^J^^^g
cable for the purposes of this Act in so far as that section inventory
applies to corporations.

Subdivision E — rules relating to computation
of income

22. — (1) The rules provided in subdivision f of Division B^f^^-^^^.
of Part I of the Income Tax Act (Canada), relating to the Parti (bho,
computation of income are, in so far as the said rules apply
to corporations, applicable in computing income for the
purposes of this Act.

(2) In computing income, no deduction shall be made in ijmiuwon
respect of an outlay or expense in respect of which any re expenses
amount is otherwise deductible under this Act, except to the
extent that the outlay or expense was reasonable in the
circumstances.

23.— (1) Section 245 of the Income Tax Act (Canada) is f/jJiJ^i^Jona
applicable in computing income for the purposes of this Act,
except that,

(a) paragraph h of subsection 2 thereof is not applicable ;
and

[b) the reference therein to Part I of that Act shall be
deemed to be reference to Part II of this Act.

Dividend
stripping

R.8.C. 1952.
0.148

(2) In computing the income of a corporation for a taxation
year there shall be included an amount that is included in
computing the income of the corporation under Part XVI of
the Income Tax Act (Canada) pursuant to section 247 of that
Act.

Subdivision F — amounts not included
in computing income

Amoants not
Included in
income:

federal
grants
1965. c. 12
(Can.)
R.S.C. 1970.
cc. MO. R-3
1970-71-72,
c. 56 (Can.)

other
amoants

24. There shall not be included in computing the income
of a corporation for a taxation year,

(a) an amount paid to a corporation on account of a
grant under the Area Development Incentives Act
(Canada), the Industrial Research and Development
Incentives Act (Canada), the Regional Development
Incentives Act (Canada), or the Employment Support
Act (Canada); and

{b) an amount determined in accordance with the rules
provided in paragraphs b, c, I and m of subsection 1
of section 81 of the Income Tax Act (Canada).

Subdivision G — corporations resident in Canada
and their shareholders

R.S.C. 1952.
c. 148.

Part I (B) (h).
applicable

Amalga-
mations
consideration
for resource

Sroperty
isposition

25. — (1) Except as hereinafter provided, the rules provided
in subdivision h of Division B of Part I of the Income Tax
Act (Canada) are applicable for the purposes of this Act.

(2) In Heu of the rule provided in paragraph p of sub-
section 2 of section 87 of the Income Tax Act (Canada) with
respect to amalgamations, the following rule is applicable for
the purposes of this Act:

For the purpose of computing a deduction from the
income of the new corporation for a taxation year
under section 18, any amount that has been included
in computing the income of a predecessor corpora-
tion for its last taxation year or a previous taxation
year by virtue of clause a or c of subsection 3 of
section 16, or subsection 11 or 12 of section 20, or
by virtue of subsection 15 or 16 of section 58 of
The Corporations Tax Act as it read in its application
to the taxation years prior to 1972, shall be deemed
to have been included in computing the income of
the new corporation for a previous taxation year by
virtue thereof.

(3) Paragraph z of subsection 2 of the said section 87 is ^f^-^- 1^^^,
not apphcable for the purposes of this Act. s.87('2)(f),

^* ^ '^ not applicable

(4) Paragraph e.l of subsection 1 of section 88 of the ^f^^- ^^^2.
Income Tax Ad (Canada) shall, in its application for the s. 88 (i) (e. 2).
purposes of this Act, be read without reference therein to
paragraph z of subsection 2 of section 87 of the said Act,

and as though the reference therein to paragraph p of the
said subsection 2 were a reference to subsection 2 of this
section.

(5) For the purposes of subsection 4 of section 16 and Transfer of
section 31, where a corporation (hereinafter in this section shares on
referred to as the "vendor") has transferred shares of the mation
capital stock of a corporation registered under The Venture 1977^° ^i^g-up
Investment Corporations Registration Act, 1977 to another
corporation (hereinafter in this section referred to as the
"purchaser") pursuant to an amalgamation within the mean-
ing of section 87 of the Income Tax Act (Canada) or the
winding-up of a Canadian corporation within the meaning of

section 88 of that Act, or the vendor and the purchaser have
jointly elected under section 85 of that Act in respect of
those shares, the following rules apply,

(a) the vendor shall be deemed to have disposed of the
shares for proceeds of disposition equal to the cost
to it of the shares; and

(6) the purchaser shall be deemed to have acquired the
shares at a cost equal to the amount determined
under clause a.

(6) In the application of the said subdivision h for the "Minister"

^ ' * '^ deemed to

purposes of this Act, the references in section 84.2, paragraphs be Minister

' r o r of National

g and k of subsection 1 of section 89 and subsection 3 of Revenue
section 89 of the Income Tax Act (Canada), to "Minister"
shall be deemed to be references to the Minister of National
Revenue for Canada.

Subdivision H — shareholders of corporations
not resident in canada

26. — (1) The provisions of subdivision i of Division B of ^f^-^-^^^^.
Part I of the Income Tax Act (Canada) are applicable '" f*''iVcib^J*^'
computing the income of a corporation for a taxation year
for the purposes of this Act.

(2) In the application of the said subdivision i for the i<*«"»
purposes of this Act. the references therein to "Minister"
shall be deemed to be references to the Minister of National
Revenue for Canada.

Subdivision I — partnerships and their members

R.S.C. 1952.
c. 148.

Part KB) (J),
applicable

Exception

Members of

partnerships

deemed to

have

permanent

establishment

in Ontario

27. — (1) Except as hereinafter provided, the rules provided
in subdivision j of Division B of Part I of the Income Tax
Act (Canada) with respect to partnerships and their members,
are appHcable for the purposes of this Act in so far as the
said rules apply to corporations.

(2) Subsection 1.6 of section 96 of the Income Tax Act
(Canada) is not applicable for the purposes of this Act.

(3) Where any activity in Ontario of a partnership in a
taxation year is such that, if it were a corporation, it would
be subject to subsection 2 or 3 of section 2, as the case may
be, each corporation that is deemed to be a member of the
partnership shall be deemed to be subject to subsection 2
or 3 of section 2, as the case may be, for that taxation year.

R.S.C. 1952.
c. 148.

PartKBXk).
applicable

Idem

Subdivision J — beneficiaries of trusts

28. — (1) In determining for the purposes of this Act the
income of a corporation that is a beneficiary of a trust,
subdivision k of Division B of Part I of the Income Tax Act
(Canada) is applicable in so far as the said subdivision applies
to corporations that are beneficiaries of trusts, and any amount
included in or deducted from the income of a corporation
for a taxation year by virtue of that subdivision shall be
included or deducted, as the case may be, in computing its
income for the taxation year for the purposes of this Act.

(2) In the application of the said subdivision for the pur-
poses of this Act,

(a) clause d of subsection 2 of section 1 of this Act does
not apply; and

(b) the references therein to "Minister" shall be deemed
to be references to the Minister of National Revenue
for Canada.

Division C — computation of taxable income

R.S.C. 1952.
c. 148.
Part I (C),
applicable

29. — (1) Except as hereinafter in this Division provided,
in computing the taxable income of a corporation for a
taxation year, Division C of Part I of the Income Tax Act
(Canada) is applicable for the purposes of this Act in so far
as the said Division applies to deductions permitted to
corporations.

(2) In the application of paragraphs a, b and 6.1 of sub- J^^fj^P^^j-j^^f
section 1 of section 110 of the Income Tax Act (Canada) for r.s.c. 1952,
the purposes of this Act, the reference therein to "receipts" g" no a)
shall be deemed to mean receipts or photostatic reproductions
thereof.

(3) For the purposes of this Act, "registered amateur tatfon'^^
athletic association" and "registered charity" mean respec-
tively an amateur athletic association or a charity that,
unless otherwise designated by the Minister, has been regis-
tered by the Minister of National Revenue for Canada pur-
suant to subsection 8 of section 110 of the Income Tax Act
(Canada) and, unless otherwise designated by the Minister,
whose registration has not been revoked.

(4) In the application, for the purposes of this Act, of appffcation of
subsection 3 of section 111 of the Income Tax Act (Canada), ^f^g^-^^^^-
paragraph a thereof shall be read as if subparagraph ii thereof s.'iiio)
were deleted.

30. — (1) In computing a corporation's taxable income for contributions
a taxation year, there may be deducted the aggregate of
amounts (the aggregate of which amounts is hereafter in this
subsection referred to as "the amount contributed") that
are contributions for the purposes of The Election Finances ^^^' ^- ^2
Reform Act, 1975 and that are contributed in the taxation
year, and in any previous taxation year ending after the
12th day of February, 1975 to the extent that such contribu-
tions have not already been deducted, by the corporation to
registered candidates at an election of a member or members
to serve in the Assembly, to registered constituency associa-
tions or to registered parties, provided that,

(a) subject to subsection 3, such deduction shall not
exceed the least of,

(i) the amount contributed,

(ii) its taxable income computed without refer-
ence to this section, and

(iii) $4,000; and

(6) payment of each amount that is included in the
amount contributed is proven by filing with the
Minister receipts that are signed by a recorded agent
of the registered candidate, registered constituency
association or registered party, as the case may be,
and that contain the information prescribed to be
shown on such receipts.

interpr*- (2) In this scction,

(a) "recorded agent" means a person on record with
the Commission on Election Contributions and
Expenses as being authorized to accept contribu-
tions on behalf of a political party, constituency
1^5. c. 12 association or candidate registered under The Election

Finances Reform Act, 1975;

{b) "registered candidate", with respect to an election
of a member or members to serve in the Assembly,
means a person who has been registered as a candi-
date for such election by the Commission on Election
Contributions and Expenses and whose name has
not been deleted from the register of candidates
maintained by the Commission with respect to such
election ;

(c) "registered constituency association" means a regis-
tered constituency association within the meaning
given to that expression by The Election Finances
Reform Act, 1975;

[d] "registered party" means a registered party within
the meaning given to that expression by The Election
Finances Reform Act, 1975.

Corjwrations (3) Jn respect of a corporation to which section 34 is

s-3418 applicable, the amount deductible under clause a of subsec-

appllcable *• i • ^.u ^ c

tion 1 IS the aggregate of,

(a) the amount which would otherwise be deducted
under clause a of subsection 1 ; and

ih) that proportion of the amount determined under
clause a that,

(i) the taxable income of the corporation that is
earned in jurisdictions other than Ontario
(as computed for the purposes of section 34
and without reference to this section and
section 31),

is to,

(ii) the amount by which the taxable income of
the corporation exceeds the amount referred
to in subclause i.

31. — (1) In computing the taxable income of a corporation ^^^^^^
for a taxation year there may be deducted the lesser of, ii7e^s?^nt

Corporation

{a) the aggregate of,

(i) the corporation's "eligible expenditure" for
the year determined under subsection 2, and

(ii) that proportion of the amount referred to in
subclause i that,

(A) the proportion of the corporation's tax-
able income determined without refer-
ence to this section, that would be
deemed to have been earned in all
jurisdictions other than Ontario for the
purposes of section 34,

is of,

(B) the amount by which the corporation's
taxable income for the year, deter-
mined without reference to this section,
exceeds the amount determined under
sub-subclause A; and

(6) the taxable income of the corporation for the year
determined without reference to this section and
section 30.

(2) In this section, a corporation's "eligible expenditure" tatfon'^*
for a taxation year means the aggregate of,

(a) the amount of the corporation's "undeducted eligible
expenditure" determined under subsection 3 for the
immediately preceding taxation year; and

(6) an amount equal to 250 per cent of the cost incurred
in the year for the acquisition of shares of the capital
stock of a corporation that is registered under The ^^^' ^- ^^
Venture Investment Corporations Registration Act,
1977.

(3) For the purposes of subsection 2, a corporation's "un-^^erpre-
deducted eligible expenditures" means the amount by which,

(a) its "eligible expenditure" for a taxation year deter-
mined under subsection 2,

exceeds,

is of.

(ii) the taxable income of the corporation for th(
year.

(b) the amount deducted for that year under subsec
tion 1 minus the proportion thereof that,

!
(i) the taxable income of the corporation for the
year that would be deemed to have been
earned in all jurisdictions other than Ontario
for the purposes of section 34,

Division D — ^taxable income earned in Canada

BY non-residents

Non-
residents'
taxable
Income
earned in
Canada

32. The taxable income earned in Canada for a taxation
year of a corporation to which subsection 2 or 3 of section 2
applies shall be computed in accordance with the rules pro-
vided in section 115 of the Income Tax Act (Canada) in so
far as the said rules apply to corporations, except that for
the purposes of this Act,

{a) there shall be included income from property that
is real property situated in Canada or any interest
therein, that arose from the sale or rental thereof or
both; and

(b) the amount of the income included in accordance
with the said rules and clause a shall be determined
in accordance with this Act.

Division E — Computation of income tax payable

Rate

Deduction
from income
tax

Porel^ tax
deduction

33. The tax payable by a corporation under this Part
upon its taxable income or taxable income earned in Canada,
as the case may be, in this section referred to as the "amount
taxable", is 12 per cent of the amount taxable.

34. There may be deducted from the tax otherwise payable
under this Part for a taxation year by a corporation an
amount equal to 12 per cent of that portion of its taxable
income or taxable income earned in Canada, as the case
may be, which is earned in the taxation year in each juris-
diction other than Ontario, determined under rules prescribed
by the regulations.

35. — (1) Where a corporation has a permanent establish-
ment in Ontario, and.

I K

(a) the corporation has included in computing its
income for the taxation year,

(i) income that was derived from sources within
a jurisdiction outside Canada in the form of
dividends, interest, rents or royalties received
in the year,

(ii) income that is deemed to have been received
in the form of dividends and interest from a
jurisdiction outside Canada by virtue of the
provisions of subsection 5 of section 148 of the
Income Tax Act (Canada), or r.s.c. 1952.

(iii) the amount by which,

(A) the aggregate of that part of the cor-
poration's taxable capital gains for the
taxation year from the disposition of
property as may reasonably be con-
sidered to be income from a source
within a jurisdiction outside Canada,

exceeds,

(B) the aggregate of such of the cor-
poration's allowable capital losses for
the year from the disposition of
property as may reasonably be con-
sidered to be a loss from a source within
that jurisdiction outside Canada,

hereinafter in this section referred to as "foreign
investment income"; or

(6) the corporation, having included in its income for
the taxation year foreign investment income from
sources within a jurisdiction outside Canada, also
included income from a business carried on by it in
that jurisdiction, hereinafter in this section referred
to as "foreign business income".

and where,

(c) for the purposes of subsection 2 of section 126 of the
Income Tax Act (Canada), such foreign investment
income has not been included as part of such foreign
business income, and, for the purpose of allocating
taxable income to a jurisdiction outside Ontario in
accordance with the regulations made under sec-

tion 34 such foreign investment income has been
excluded from the calculation of gross revenue or
any part thereof; and

R.S.C. 1952.
c. 148

{d) the corporation is entitled to a deduction under
section 126 of the Income Tax Act (Canada), herein-
after in this section referred to as "foreign tax
credit", with respect to any income or profits tax
paid to such jurisdiction on such foreign investment
income or on such foreign investment income and
foreign business income or is deemed to have been
paid as income or profits tax to such jurisdiction by
virtue of subsection 5 of section 148 of the Income
Tax Act (Canada),

the corporation may deduct from the tax otherwise payable
under this Part for the taxation year an amount equal
to the lesser of.

Idem

Small

business

incentives

(e) 12 per cent of that part of such foreign investment
income that is income that is included in that
portion of taxable income that remains after deduct-
ing from such taxable income the portions thereof
deemed to have been earned in jurisdictions other
than Ontario for the purpose of section 34 ; and

if) the deficiency, if any, between,

(i) the income or profits tax paid for the taxation
year by the corporation to the jurisdiction
outside Canada in respect of the foreign invest-
ment income referred to in clause e, and

(ii) the foreign tax credit allowed for the taxation
year in respect of such foreign investment
income under subsection 1 of section 126 of the
Income Tax Act (Canada).

(2) For greater certainty, where the income of a cor-
poration for a taxation year is in whole or in part from
sources in more than one jurisdiction outside Canada, sub-
section 1 shall be read as providing for a separate deduction
in respect of each jurisdiction outside Canada.

36. — (1) There may be deducted from the tax otherwise
payable under this Part for a taxation year by a corporation
that, with respect to that taxation year, is eligible for a
deduction under section 125 of the Income Tax Act (Canada),
an amount equal to 3 per cent of the amount determined under
subsection 2.

(2) For the purposes of subsection 1 , the amount deter- ^^^^
mined under this subsection is that proportion of the least

of the amounts determined under paragraphs a, b, c and d of
subsection 1 of section 125 of the Income Tax Act (Canada) ^^^^ 1^52,
for the taxation year, not exceeding $150,000, that,

(a) the amount of that portion of its taxable income for
the taxation year that is deemed to have been
earned in Ontario, measured in accordance with
paragraph a of subsection 4 of section 124 of the
Income Tax Act (Canada),

bears to,

(6) the total amount of the portions of its taxable
income for the taxation year that are deemed to
have been earned in the provinces of Canada,
measured in accordance with paragraph a of sub-
section 4 of section 124 of the Income Tax Act
(Canada) .

(3) In lieu of the deduction permitted under subsection 1 , Transitional

^ ' ■» ' rule ; alter-

for the taxation year that ends after the 6th day of April, native
1976, and that includes that day, there may be deducted
from the tax otherwise payable under this Part for that
taxation year the amount that would otherwise be deductible
under section 106a as that section stood on the 6th day of
April, 1976, determined on the assumption that that section
applied to the whole of that taxation year.

(4) Where a corporation has made a deduction under Transitional
subsection 1 for the taxation year that ends after the 6th additional
day of April, 1976, and that includes that day, in addition

to the amount deducted under subsection 1 there may be
deducted from the tax otherwise payable under this Part
for that taxation year the lesser of,

(a) 3 per cent of the amount determined under sub-
section 2 for that taxation year; and

{b) the amount that would have been deductible under
subsection 3 of section 106a as that section stood
on the 6th day of April, 1976 had that section
applied to that taxation year.

(5) In this section, "tax otherwise payable under this [^tfoS'^^
Part" means the tax for the taxation year otherwise payable

by the corporation under this Part after making any deduction
applicable under sections 34 and 35, but before making any
deduction under this section.

Twtonux 37. Where, under a contract, will or trust, made or created

before the 14th day of May, 1953, a person is required to
make a payment to a corporation and is required by the terms
of the contract, will or trust to pay an additional amount
measured by reference to tax payable by such corporation

R.ac.i952. under Part I of the Income Tax Act (Canada) and Part II

of this Act by reason of the payment,

(a) the tax payable by the corporation under Part II
of this Act for the taxation year in or in respect
of which such payment is made or becomes payable
is the amount that the tax of the corporation under
Part II of this Act would be if no amount under
the contract were included in computing its income
for the taxation year plus,

(i) the amount by which its tax under Part II
of this Act would be increased by including in
computing its income,

(A) the payment, and

(B) the amount by which its tax under
Part I of the Income Tax Act (Canada)
would be increased by including the
payment in computing its income, and

(ii) the amount by which the tax of the cor-
poration under Part II of this Act would be
further increased by including, in computing
its income for the taxation year, the amount
fixed by subclause i or the additional payment,
whichever is the lesser ; and

(b) if the person required to make the payment is a
corporation and would otherwise be entitled to
deduct the amounts payable under such a contract
in computing its income for a taxation year, such
corporation is not entitled to deduct the amount
determined under subclause ii of clause a.

Division F — special rules applicable in
certain circumstances

^^:^^^jQjj 38. Where a corporation has become bankrupt, as defined

bankrapt in subsection 3 of section 128 of the Income Tax Act (Canada),

the rules provided in the said section 128 are applicable for the

purposes of this Act.

Investment Corporations

39. — (1) Where a corporation is, throughout a taxation ^/'gP^j'^^^^^^
year, an investment corporation, other than a mutual fund
corporation, subsections 1, 2 and 3 of section 131 of the
Income Tax Act (Canada) as made appHcable by section 41 gf^g-^^^^-
of this Act are appHcable in respect of the corporation for the
taxation year as if,

(a) the corporation had been a mutual fund corporation
throughout that and all previous taxation years
ending after 1971 throughout which it was an
investment corporation ; and

(6) its capital gains redemption for that and all
previous taxation years ending after 1971, through-
out which it would, but for the assumption made by
clause a, not have been a mutual fund corporation,
were nil.

(2) Subsection 6 of section 41 applies to a corporation to ^^^^
which this section applies.

Mortgage Investment Corporations

40. Where a corporation was, throughout a taxation year, ^fs^g^^fs^oj
a mortgage investment corporation, as defined in subsection 6 applicable
of section 130.1 of the Income Tax Act (Canada), the rules
provided in the said section 130.1 are applicable in computing
its income for the taxation year for the purposes of this Act.

Mutual Fund Corporations

41. — (1) Except as hereinafter provided, where a corpora- Rsc. i962.
tion is a mutual fund corporation, section 131 of the Income a.i^il

&Dl}liC£Ll)l6

Tax Act (Canada) is applicable for the purposes of this Act.

(2) In the application of subparagraph i of paragraph a ^^^"^
of subsection 2 of the said section 131 for the purposes of
this Act, the reference therein to "20%" shall be read as a
reference to "6%".

(3) In the application of subsection 3 of the said section i**®™
131 for the purposes of this Act, the reference therein to
"this Act" shall be deemed to be a reference to this Act.

(4) In the application of clause A of subparagraph i of ^^^"^
paragraph a and clause C of subparagraph ii of paragraph b,

Idem

Apportion-
ment of
capital
gains
refund

Exceptions
R.S.C. 1952,
c. 148

Computation
of income

of subsection 6 of the said section 131, for the purposes of
this Act, the references therein to "5 times" shall be read as
references to "16% times".

(5) In the application of paragraph d of subsection 6 of
the said section 131 for the purposes of this Act, subparagraph
i thereof shall be read without reference to clause C thereof,
and the reference to "40%" in clauses A and B of the said
subparagraph shall be read as references to "12 per cent".

(6) Where a corporation had a permanent establishment
in a jurisdiction outside Ontario during a taxation year in
respect of which this section applies, the capital gains refund
otherwise determined hereunder shall be reduced by that pro-
portion thereof that the taxable income of the corporation
that is deemed to have been earned in jurisdictions other
than Ontario for the taxation year for the purposes of
section 34 bears to its total taxable income or, where its
taxable income is nil, the capital gains refund otherwise
determined hereunder shall be reduced by that proportion
thereof that the corporation's taxable paid-up capital that
is deemed to have been used in jurisdictions outside Ontario
for that taxation year for the purposes of section 132 bears
to its total taxable paid-up capital.

(7) Subsections 5 and 9 of section 131 of the Income Tax
Act (Canada) and paragraph c of subsection 6 of the said
section are not applicable for the purposes of this Act.

Non-Resident-Owned Investment Corporations

42. — (1) The income of a non-resident-owned investment
corporation for a taxation year shall be computed as if its
only income for the year was the amount, if any, by which
its taxable capital gains for the year exceeds its allowable
capital losses for the year, from dispositions of taxable Cana-
dian property or property that would be taxable Canadian
property if at no time in the year the corporation had been
resident in Canada.

Computation
of taxable
income

(2) The taxable income of a non-resident-owned invest-
ment corporation for a taxation year is its income determined
under subsection 1, minus its net capital losses for taxation
years preceding and the taxation year immediately following
the taxation year, as determined in accordance with section
111 of the Income Tax Act (Canada) as made applicable by
section 29 of this Act.

R.S.C. 1952.

c. 148.

8. 133 (5. 7.1. 7.2),

applicable

(3) The provisions of subsections 5, 7.1 and 7.2 of section
133 of the Income Tax Act (Canada) are applicable for the
purposes of this section.

Patronage Dividends

43. — (1) Except as hereinafter provided, the provisions of Rsc. 1952.
section 135 of the Income Tax Act (Canada) with respect to s. 135.'

1 , . , . . , , "^ ^ , applicable

the deduction from income of payments made pursuant to
allocations in proportion to patronage and the inclusion in
income of payments received pursuant to allocations in pro-
portion to patronage are, in so far as they apply to corpora-
tions, applicable in computing income for the purposes of
this Act.

(2) Subsection 3 of the said section 135 is not applicable noq-^^^.^^
for the purposes of this Act. ofs. i36(3)

Credit Unions

44. — (1) Except as hereinafter provided, the provisions of ^f^^^^^^-
section 137 of the Income Tax Act (Canada) are applicable s 137'

,, . r ,- • <• , , applicable

in computing the income of credit unions for the purposes of
this Act.

(2) Subsections 3 and 4 of the said section 137 and para- ^^'^^p*'^^'^^
graph c of subsection 6 of the said section 137 are not
applicable for the purposes of this Act.

Deposit Insurance Corporations

45. — (1) Except as hereinafter provided, the provisions ^-^^C!. 1952.
of section 137.1 of the Income Tax Act (Canada) are appli- s. is? 1,
cable in computing the income of deposit insurance cor-
porations and member institutions thereof for the purposes
of this Act.

(2) In the application of subsection 1 of the said section i'*®'"
137.1 for the purposes of this Act, the reference in para-
graph a thereof to "this Part" shall be deemed to be a refer-
ence to Part II of this Act.

(3) Subsection 9 of the said section 137.1 is not appli- ^''^'^p^o^
cable for the purposes of this Act.

Insurance Corporations

46. — (1) Notwithstanding any other provision of this calculation
Act, except as hereinafter provided, the taxable incomes income
of insurance corporations that carry on an insurance business
in Ontario shall, for the purposes of this Act, be computed
in accordance with the rules provided in sections 138, 140,
141, 141.1 and 142 of the Income Tax Act (Canada).

Interpre-
tation

Application
oirules
under
R.S.C. 1952.
C.148

Amounts to
be Included
In computing
pollcy-
nolder's
income

(2) In the application of subsection 1 of the said section
138 for the purposes of this Act, the reference in paragraph
d thereof to "this Part" shall be deemed to be a reference
to Part II of this Act.

47. The rules provided in section 139 of the Income Tax
Act (Canada), with respect to the conversion of a provincially
incorporated life insurance corporation into a mutual cor-
poration, are applicable for the purposes of this Act.

48. Subsection 2 of section 142 of the Income Tax Act
(Canada) is, in so far as it applies to corporations, appli-
cable for the purposes of this Act.

Division G — ^exemptions

Exemptions

Charities
and other
corporations

Non-profit
organizations

Farmers' and

fishermen's

insurers

49. — (1) Except as hereinafter provided, no tax is payable
under this Part upon the taxable income of a corporation for
a period when that corporation was,

(a) a corporation referred to in paragraph c, d, e, f, h.l,
i, j, k, m, n or 0 of subsection 1 of section 149
of the Income Tax Act (Canada) ;

(b) a club, society or association that, in the opinion
of the Minister, was not a charity within the
meaning given to that expression by subsection 1
of section 149.1 of the Income Tax Act (Canada)
and that was organized and operated exclusively
for social welfare, civic improvement, pleasure or
recreation or for any other purpose except profit,
which has not in the taxation year or in any
previous taxation year distributed any part of its
income to any proprietor, member or shareholder
thereof, or appropriated any of its funds or property
in any manner whatever to or for the benefit of
any proprietor, member or shareholder thereof,
unless the proprietor, member or shareholder was a
club, society or association, the primary purpose
and function of which was the promotion of amateur
athletics in Canada ; or

(c) an insurer, who was engaged during the period iii
no business other than insurance, if, in the opinion
of the Minister on the advice of the Superintendent
of Insurance, 50 per cent of its gross premium
income for the period was in respect of the insur-
ance of farm property, property used in fishing or
residences of farmers or fishermen. .

(2) Where a corporation described in clause b of sub-^^^^P^Jj^^J.?.

section 1, butlonmade

to members or
shareliolders

(a) has in the taxation year distributed any part of its
income or distributed or otherwise appropriated
any of its funds or property in any manner what-
ever to or for the benefit of any proprietor, mem-
ber or shareholder thereof, such corporation shall
be liable to the taxes imposed under this Act for
the taxation year in which the distribution is made
and for subsequent taxation years, and in com-
puting its income for the taxation year in which
the distribution is made, it shall include the
aggregate of its income of all previous taxation
years; or

(b) has, after 1971, distributed any of its income or
distributed or otherwise appropriated any of its
funds or property in any manner whatever to or for
the benefit of any proprietor, member or share-
holder thereof on the winding up or discontinuance
of its business, the corporation shall be deemed to
have received income in that taxation year equal
to the amount, if any, by which the amount of the
funds and the value of the property distributed or
appropriated, as the case may be, exceeds the
aggregate of,

(i) amounts paid in by proprietors, members or
shareholders on account of capital, and

(ii) that part of the corporation's surplus that is
attributed to income that was exempt under
this section other than taxable capital gains,

and the corporation shall be liable for the taxes
imposed under this Act for the taxation year in
which the distribution is made.

(3) For the purposes of clause b of subsection 1, in com- ^*j°"|®J°'
puting the part, if any, of any income that was distributed taxable

or otherwise appropriated for the benefit of any person, geSna
the amount of such income shall be deemed to be the amount
thereof otherwise determined less the amount of any taxable
capital gains included therein.

(4) The rules provided in subsections 2, 3, 4, 6, 8, 9 and 10 J/Sies"""
of section 149 of the Income Tax Act (Canada) are 'ippli- ^g ^^ 1952
cable for the purposes of this section. cms

wem (5) In the application of subsection 2 of section 149 of the

R.ac. 1962. Income Tax Act (Canada) for the purposes of this Act, the

said subsection shall be read without the reference therein

to paragraph /.

a. 126 (IXC). 9 — (1) Clause c of subsection 1 of section 126 of the said Act is

repealed and the following substituted therefor:

(c) all its reserves, whether created from income or
otherwise, except any reserve the creation of which
is allowed as a deduction under the provisions of
Part II, except paragraph n of subsection 1 of
section 20 of the Income Tax Act (Canada) as that
paragraph applies by virtue of subsections 1 and 9
of section 14 of this Act.

re-enacted^' (^) Clause d of subsection 1 of the said section 126, as re-
enacted by the Statutes of Ontario, 1973, chapter 42,
section 11, is repealed and the following substituted
therefor :

{d) all sums or credits advanced or loaned to the cor-
poration by its shareholders directly or indirectly
or by any person related to any of its shareholders
or by any other corporation; and

?e-^tld' 10.— (1) Clause b of subsection 1 of section 127 of the said Act
is repealed and the following substituted therefor:

(b) the amount of the discount on the issue or sale of
the shares of the corporation.

re^^actid* ^^^ Clause c of subsection 1 of the said section 127, as amended

by the Statutes of Ontario, 1976, chapter 32, section 17,
is repealed and the following substituted therefor:

Investments (c) the amount that equals that proportion of the

paid-up capital remaining after the deduction of th<
amounts provided by clauses a, b and d which th<
cost of the investments made by the corporatioi
in the shares and bonds of other corporations, in|
loans and advances to other corporations and in the
bonds, debentures and other securities of an]
government, municipal or school corporation bears"
to the total of the assets of the corporation remain-
ing after the deductions of the amounts provided
by clauses a, b and d, but.

Section 9. Subsection 1 of this section amends a cross-reference in
clause c of subsection 1 of section 126 of the Act. This change is complementary
to the amendments made by section 8 of the Bill. Subsection 2 of this
section amends clause d of subsection 1 of the said section 126, which
section defines the amounts required to be included in the calculation of
paid-up capital. Clause d is amended by adding thereto the words "or by
any person related to any of its shareholders" to make it clear that sums or
credits advanced or loaned to the corporation by such persons are to be
included in the f>aid-up capital of the corf)oration.

Section 10. This section amends section 127 of the Act. The changes
contained in subsection 1 of section 127 extend the deduction from paid-up
capital to all corporations which have issued their share of a discount.
The deduction was previously limited to Ontario mining corporations incor-
porated before 1970. The changes contained in subsections 3 and 4 of this
section are amendments to cross-references and are complementary to the
amendments made by section 8 of the Bill. Subsection 2 of this section
amends clause c of subsection 1 of section 127 of the Act for the purpose of
clarification and to make it clear that the deduction permitted under that
clause shall not exceed the cost of the investments with respect to which the
deduction is claimed.

Section 1 1 . This section amends subclause ii of clause b of subsection 1
of section 128 of the Act, relating to the calculation of paid-up capital
employed in Canada by non-resident corporations. The subclause is amended
to clarify the wording and to provide that loans from banks and loans made
to the corporation by "any person related to any of its shareholders" will
be taxable in the same way as such amounts are taxed as part of the paid-up
capital of resident corporations under section 126.

(i) the deduction under this clause shall in no
case exceed the cost of the investments in
respect of which the deduction is claimed,
and

(ii) cash on deposit with any corporation doing
the business of a savings bank and amounts
due by a corporation with its head office
outside Canada to a subsidiary controlled
corporation or a subsidiary wholly-owned
corporation taxable under this Part are
deemed not to be loans and advances to
other corporations.

(3) Clause d of subsection 1 of the said section 127, as enacted \^^ll^^^'
by the Statutes of Ontario, 1976, chapter 32, section 17,

is amended by striking out "section 63" in the fifth fine
and inserting in lieu thereof "section 20".

(4) Clause d of subsection 2 of the said section 127 is repealed re^^acted^'
and the following substituted therefor :

{d) by which the value of an asset of a corporation
has been written down and deducted from its income
or undivided profits where such amount is deductible
under the provisions of Part II except paragraph n
of subsection 1 of section 20 of the Income Tax Rsc. 1952,

c. 148

Ad (Canada) as that paragraph applies by virtue of
subsections 1 and 9 of section 14 of this Act.

1 1. Subclause ii of clause b of subsection 1 of section 128 of the 3^^128 dxfe)
said Act is repealed and the following substituted therefor: re-enacted

(ii) the amount of the indebtedness of the cor-
poration relating to its permanent establish-
ments in Canada, but excluding therefrom,

(A) all amounts that are advanced or
loaned to its permanent establishments
in Canada by the corporation itself
or by its shareholders directly or
indirectly or by any person related
to any of its shareholders or by any
other corporation, and

(B) all other indebtedness that is repre-
sented by bonds, bond mortgages,
debentures, income bonds, income de-
bentures, mortgages, lien notes and

any other securities to which the
property in Canada or any of it is
subject.

8.130.
amended

8.135.
re-enacted

12. Section 130 of the said Act is amended by striking out "clause
c of subsection 1 of section 75" in the seventh and eighth
lines and inserting in lieu thereof "paragraph c of subsection
1 of section 81 of the Income Tax Act (Canada) as that
paragraph applies by virtue of section 24 of this Act".

13. Section 135 of the said Act, as amended by the Statutes of
Ontario, 1974, chapter 75, section 10, is repealed and th<
following substituted therefor:

Idem

135. — (1) Except as provided in subsection 11 of section 14,
every corporation referred to in subsection 1 of section 49,
other than a corporation referred to in paragraph m of
subsection 1 of section 149 of the Income Tax Act (Canada),
shall not be required to pay the taxes otherwise payable
under section 131 or 133.

Idem

(2) Subject to subsection 3, every corporation referred to
in clause d of subsection 1 of section 1, and sections 40 and
44 of this Act and paragraph m of subsection 1 of section,
149 of the Income Tax Act (Canada) shall, in lieu of the
tax payable under section 131 or 133, pay a tax of $50.

(3) Subsection 2 does not apply in the case of a cor-
poration referred to in clause d of subsection 1 of section 1
where, pursuant to subsection 2 of section 31 of the Income
Tax Act (Canada) as made applicable by subsection 1 of
section 14 of this Act, the Minister has determined that
the chief source of income of the corporation for a taxation
year is neither farming nor a combination of farming and
some other source of income.

8.137.
amended

14. Section 137 of the said Act is amended by striking out "section
122" in the first line and in the sixth line and inserting in lieu
thereof in each instance "section 49".

8.145.
amended

15. Section 145 of the said Act is amended by adding thereto the
following subsection:

Trasteee.
etc.

(3) Every trustee in bankruptcy, assignee, liquidator,
curator, receiver, trustee or committee and every agent or
other person administering, managing, winding-up, controlling
or otherwise dealing with the property, business, estate or
income of a corporation that has not filed a return for a

Sections 12 and 14. These sections amend cross-references in sections
130 and 137 and are complementary to the amendments contained in
section 8 of this Bill.

Section 13. This section re-enacts section 135 of the Act to amend
cross-references and these amendments are complementary to the amend-
ments contained in section 8 of the Bill. In addition, subsection 1 of section 135
is amended to provide that the corporations referred to, which were pre-
viously required to pay a tax of $5 in lieu of the paid-up capital tax otherwise
payable, will henceforth not be required to pay any paid-up capital tax.

Section 15. This section amends section 145 of the Act by adding
thereto a new subsection 3 to provide that trustees in bankruptcy, assignees,
liquidators, receivers and other persons administering or managing the
property or business of the corporation be required to file the annual return
where the corporation has not done so. This amendment is required as a
result of the amendment to the definition of corporation, which definition
previously dealt with this situation.

Section 16. This section amends section 148 of the Act. Subsection 1
of this section amends subsection 3 of section 148 of the Act, which provides
the rules for the time of payment of tax, in order to parallel as much as
possible the amendment to the corresponding section of the Income Tax Act
(Canada). Clause b of subsection 3 of section 148 determines when the
final payment of tax for a taxation year is to be made and subclause i
previously provided that where a corporation had claimed the small business
deduction under section 125 of the Income Tax Act (Canada) for the previous
taxation year, it could make the final payment on or before the last day
of the third month following the end of the taxation year in question (all
other corporations are required to make the last payment on or before the
last day of the second month following the end of the taxation year).
The present amendment provides that a corporation may make the final
payment on or before the last day of the third month following the end
of the taxation year if it deducted an amount under the federal section 125
for that year, even though it may not have made a deduction for the previous
year. Subsections 2 and 3 of this section amend cross-references contained
in subsections 5 and 6 of the said section 148 and are complementary to
the amendments contained in section 8 of the Bill.

Section 17. This section of the Bill amends a cross-reference con-
tained in subsection 4 of section 149 of the Act and is complementary to
the amendments contained in section 8 of the Bill.

Section 18. This section amends section 150 of the Act. Subsection 1
of this section amends subsection 1 of section 150 of the Act and enacts new
subsections la and lb, in line with the amendments to the corresponding
section of the Income Tax Act (Canada). The amendments will require the
Minister to determine the amount of the capital gains refunds to the mutual
fund corporations, investment corporations and other corporations entitled
to such refunds (subsection 1 of section 150) and allows the Minister to
determine the amount of a corporation's non-capital loss, net capital
loss or restricted farm loss (new subsection la of section 150). In addition,
it is provided that the sections relating to objections and apj)eals from
assessments are applicable to such determinations (new subsection 16 of
section 150). Previously, a corporation could not appeal from such deter-
mination since they were not "assessments" to which the appeal provisions
would apply. Subsections 2 and 3 of this section amend cross-references in
subsections 4 and 5 of section 150 of the Act and are complementary to the
amendments contained in section 8 of the Bill.

taxation year as required by this section shall file the return
required by subsection 1 for that corporation for that year.

16. — (1) Subclause i of clause b of subsection 3 of section 148 of re-enicted ^*^'
the said Act, as re-enacted by the Statutes of Ontario,
1975, chapter 17, section 64, is repealed and the following
substituted therefor:

(i) on or before the last day of the third month
of the taxation year following that in respect
of which the tax is payable, where an amount
was deducted by virtue of section 125 of the
Income Tax Act (Canada) in computing the tax RS.c. 1952.
payable by the corporation under Part I of
that Act for the taxation year or the imme-
diately preceding taxation year, or

(2) Clause b of subsection 5 of the said section 148, as enacted |j^^8^(^2^(''>'
by the Statutes of Ontario, 1976, chapter 32, section 19,
is amended by striking out "subsections 2 and 2a of
section 109" in the second and third lines and inserting
in lieu thereof "section 41".

(3) Subsection 6 of the said section 148, as enacted by the|^^<^^^
Statutes of Ontario, 1976, chapter 32, section 19, is
amended by striking out "subsections 2 and 2a of section
109" in the fourth and fifth lines and inserting in lieu
thereof "section 41".

'. Subsection 4 of section 149 of the said Act is amended by |;J^^^^(^J^g^^^
striking out "section 99" in the second line and in the twelfth
line and inserting in lieu thereof in each instance "section 111
of the Income Tax Act (Canada) as made applicable by section
29 of this Act".

18. — (1) Subsection 1 of section 150 of the said Act is repealed » i^(^|>^g^
and the following substituted therefor:

(1) The Minister shall with all due despatch examine each Assessment

^ * of returns

return delivered under section 145, shall assess the tax for
the taxation year and the interest and penalties, if any,
payable and shall determine the amount of refund, if any,
to which the corporation may be entitled by virtue of section
39 or 41 for the taxation year.

(la) The Minister may determine the amount of a corpora- ^®n®t"jon
tion's non-capital loss, net-capital loss or restricted farm loss of loss
for a taxation year where, in his opinion, the amount thereof
is different from the amount reported by the corporation in
its return delivered under section 145 for the taxation year.

Provlslona
applicable

R.S.C. 1952.
0.148

8. ISO (4) (a)

(V).

re-enacted

8.150(5).
amended

(lb) The provisions of paragraph / of subsection 1 of sec-
tion 56 and paragraph o of section 60 of the Income Tax
Act (Canada), as those paragraphs apply by virtue of sections
16 and 17, respectively, of this Act, and the provisions of this
Part shall apply, mutatis mutandis, to a determination under
subsection 1 or la.

(2) Subclause v of clause a of subsection 4 of the said section
150 is repealed and the following substituted therefor:

(v) has claimed a deduction under paragraph s
of subsection 1 of section 20 of the Income
Tax Act (Canada) as made applicable by sec-
tion 14 of this Act; and

(3) Subsection 5 of the said section 150 is amended by striking
out "section 99" in the sixth line and inserting in lieu
thereof "section 111 of the Income Tax Act (Canada) as
made applicable by section 29 of this Act".

8. 152 (4),
amended

10. — (1) Subsection 4 of section 152 of the said Act is amended
by inserting after "section 154" in the first line "or by
virtue of a decision made under section 1606".

8. 152 (7).
amended

(2) Subsection 7 of the said section 152 is amended by striking
out "section 99" in the second line and in the twelfth
and thirteenth lines and inserting in lieu thereof in each
instance "section 111 of the Income Tax Act (Canada),
as made applicable by section 29 of this Act".

B. 153 (1).
amended

20. Subsection 1 of section 153 of the said Act is amended by
striking out "to the extent that interest has been otherwise
assessed under subsection 2 of section 149 except that under
no circumstances shall the credit interest so allowed exceed the
interest otherwise assessed under that section" in the ninth,
tenth, eleventh, twelfth and thirteenth hnes.

8.154.
amended

21. Section 154 of the said Act, as amended by the Statutes of
Ontario, 1976, chapter 32, section 21, is further amended by
adding thereto the following subsection:

Rea8se88-
ment,
additional
asaessment or
deter-
mination
does not in-
validate
objection
orapi>eal

(6) Where a corporation has served a notice of objection
to an assessment in accordance with this section or has
instituted an appeal in accordance with section 155 and
thereafter the Minister issues to the corporation,

(a) a reassessment or additional assessment of tax,
interest or penalties under section 150; or

Section 19. This section amends section 152 of the Act. Subsection 1
of this section amends subsection 4 of the said section 152 to include
therein a reference to the new section 160ft enacted by section 24 of the Bill
and is complementary to that amendment. Subsection 2 of this section
amends a cross-reference to subsection 7 of section 152 and is complementary
to the amendments contained in section 8 of the Bill.

Section 20. This section amends subsection 1 of section 153 of the
Act to allow credit interest to be paid on overpayments of tax instalments.
Previously such credit interest could only be used to offset interest charged
on deficient instalments.

Section 21. This section of the Bill adds subsection 6 to section 154
of the Act relating to objections to assessments, and provides that a reassess-
ment, additional assessment or determination for the same fiscal year in
respect of which a notice of objection has already been served or an appeal
taken, does not invalidate the notice of objection or the appeal. This amend-
ment is similar to the amendment to the corresponding section of the Income
Tax Act (Canada).

Section 22. This section amends section 155 of the Act relating to
appeals to the Supreme Court.

Subsection 1 amends subsection 1 of section 155 in order to provide
that the apf>eals shall not be instituted in the Divisional Court. Appeals to
the Divisional Court are normally appeals from decisions of another tribunal
in which the Divisional Court considers the transcripts of evidence in the
other tribunal but does not really hold a new trial, whereas appeals to the
Supreme Court under section 155 of the Act are in fact trials of the issues
and it is more appropriate, therefore, that these appeals should be in the
High Court rather than in the Divisional Court.

Subsection 2 repeals the provisions in section 155 of the Act requiring
the payment into court of security for costs when an appeal is instituted.
Section 155 will no longer require payment into court of security for costs.

Section 23. This section amends subsection 1 of section 157 of the
Act which provides that on the filing in court of a notice of appeal and the
reply of the Minister the matter is deemed to be an action in the court and
ready for hearing. Because the rules of practice of the Supreme Court
provide that once an action is ready for hearing no further interlocutory
proceedings may be had, the phrase "and, unless the court otherwise orders,
ready for hearing" would prohibit any interlocutory proceedings after the
filing of the reply of the Minister. Those words are being removed so that
such interlocutory proceedings as might otherwise be possible will not be
prohibited by that rule.

Section 24. This section enacts two new sections to the Act.

Section 160a is added to the Act to permit the Minister to extend
the time for serving a notice of objection or instituting an appeal. Pre-
viously there was no authority under the Act for the Minister or for
the Court to allow an extension of the time, and there have been cases in
which an extension of time could not be given even though there were
compelling reasons for such an extension. This amendment will remove this
harshness from the Act.

This section also adds section 1606 to the Act which provides an
alternative objection and appeal procedure. This section will apply where
the assessment under The Corporations Tax Act is based on similar sections
of the Income Tax Act (Canada) and the corporation wishes to object to
both assessments and to raise the same issues in both objections. In such
cases, the corporation may object to the assessment under The Corporations
Tax Act simply by not filing the notice of objection under section 154.
This procedure will apply only with resf)ect to those assessments under
The Corporations Tax Act that state on the face thereof that they are made
pursuant to this section. Both the corporation and the Minister will be
bound by the results of the federal objection ; and the provisions of The
Corporations Tax Act relating to objections and appeals will not be applicable.
This procedure will therefore avoid the necessity of both a federal and
provincial appeal on the same issues, which has in the past been to cor-
porations a burdensome duplication of effort.

(b) a determination of the amount of a refund or loss
under subsection 1 or la of section 150,

for the taxation year in respect of which the notice of objec-
tion was served or the appeal instituted, and sends to the
corporation a notice of such reassessment, additional assess-
ment or determination,

(c) the reassessment, additional assessment or deter-
mination does not invalidate the notice of objection
or appeal, as the case may be ; and

(d) the corporation may, if section 160ft does not apply,
file an additional objection in respect of any new
matters raised in the reassessments, additional assess-
ment or determination, as the case may be.

22. — (1) Subsection 1 of section 155 of the said Act is amended Ivnended
by adding at the end thereof "and notwithstanding section
17 of The Judicature Act the appeal shall be heard and
determined by a judge of the High Court and not by the
Divisional Court".

(2) Subsections 5 and 6 of the said section 155 are repealed, repeaie/^'

23. Subsection 1 of section 157 of the said Act is amended by ^■'^^'^^}\

..111 1 • 1 r amended

strikmg out and, unless the court otherwise orders, ready for
hearing" in the sixth and seventh lines.

24. The said Act is further amended by adding thereto the follow- ^^^^^'^^^'
ing sections :

160a. The time within which a notice of objection under o/'tf^l^^"
subsection 1 of section 154 or a notice of appeal under sub-
section 1 of section 155 is to be served may be extended by the
Minister if application for extension is made prior to the
expiration of the time for service of the notice of objection
or notice of appeal, as the case may be.

1606. — (1) Where, objection and

^ ' ' appeal

procedure

(a) a notice of assessment is issued to a corporation
under section 150 that states on the face thereof
that the assessment or a designated part thereof
has been made pursuant to this section (which
assessment or part, as the case may be, is hereinafter
referred to as the designated assessment) ;

(6) a notice of assessment has been issued to the cor-
poration under the Income Tax Act (Canada) based f f^g ^®°^-

on provisions in that Act corresponding to th<
provisions in this Act on which the designatec
assessment was based;

(c) the corporation has served a notice of objection t(
the assessment referred to in clause b in which th(
same issues have been raised as would have beer
raised in an objection to the designated assessment
and

(d) the corporation has not served in accordance with
section 154 a notice of objection to the designatec
assessment,

this section applies to the designated assessment, and in
any such case, sections 154 to 160 do not apply, but those
sections do apply to the part, if any, of the assessment
referred to in clause a that is not a designated assessment.

Corporation (2) The Corporation and the Minister shall, with respect to

bound a designated assessment to which this section applies, be

bound by,

{a) the decision of the Minister of National Revenue
for Canada from which no appeal is taken in accord-
R.ac. 1962. ance ^ith the Income Tax Act (Canada); or

(b) where an appeal is instituted, the final disposition
of the appeal by the Tax Review Board or any
court of competent jurisdiction; or |

(c) any minutes of settlement of the issues raised in
the notice of objection to the assessment referred
to in cluase b of subsection 1 made between the
corporation and the Minister of National Revenue
for Canada at any stage of the proceedings following
the service of that notice of objection, i

and in any such case the Minister shall, where necessary^
reassess the corporation in accordance therewith.

^**®'" (3) Sections 154 to 160 do not apply to the reassessmeii|

referred to in subsection 2.

reSacSd ^5. Subsections 1 and 2 of section 167 of the said Act, as amende
by the Statutes of Ontario, 1973, chapter 157, section 32 an<
1975, chapter 17, section 66, are repealed and the following
substituted therefor:

Section 25. This section amends section 167 of the Act relating to the
statutory lien for taxes and other amounts owing under the Act.

Subsection 1 of section 167 is re-enacted to provide that only such arrears
and other amounts for the period commencing after December 31, 1972
will give rise to the statutory lien. Previously the lien commenced after
December 31, 1967

Subsection 2 of section 167 is re-enacted to provide an automatic
annual up>dating of the December 31, 1972 date for commencement of the
lien. Previously subsection 2 of section 167 created a lien on the property
of railway companies and that provision is repealed because it became
obsolete and was redundant to subsection 1 of section 167. This section also
enacts a new subsection 2a to section 167 to preserve the lien where a
notice thereof is registered in the proper land registry office.

Section 26. This section is an omnibus amendment and changes the
term "fiscal year" to "taxation year" wherever it occurs in the Act. This
amendment is complementary to the tax simplification measures contained
in the Bill.

I '-^

(1) All taxes, interest, penalties, costs and other amounts J^J^^gj." ^^
imposed under this or any predecessor Act in respect of any taxes and
taxation year of a corporation that commenced in any amour ts

ImDOSSd

calendar year ending after the 31st day of December, 1972
are debts due to Her Majesty and, subject to the Bankruptcy ^J C- i97o,
Act (Canada), are a first lien and charge upon property in
Ontario of the corporation liable to pay such taxes, interest,
penalties, costs and other amounts.

(2) At the expiry of each calendar year following \911,f^'^'^°^
the reference in subsection 1 to "1972" shall be advanced
by one year.

(la) Subsections 1 and 2 do not apply to extinguish or fe^gi|?ered '^^
remove any lien or charge that is claimed under this or any "e°s
predecessor Act in a Notice of Lien that is registered in the
proper land registry office.

26. The said Act is further amended by striking out "fiscal year" amended
wherever it occurs and inserting in lieu thereof in each instance
"taxation year".

27. — (1) This Act, except clause d of subsection 8 and subsection 12 ^"g^tand*^
of section 14 of the said Act, subsection 5 of section 15 of application
the said Act, subsections 4, 5 and 6 of section 16 of the
said Act, section 19 of the said Act, subsection 5 of
section 25 of the said Act, and section 31 of the said Act,
all as enacted by section 8 of this Act, subsection 1 of
section 19 and sections 20, 21, 22, 23, 24, 25 and 26, of
this Act, comes into force on the day it receives Royal
Assent and applies to corporations in respect of all
taxation years ending on or after that day.

(2) Clause d of subsection 8 of section 14 of the said Act ^^^^
and section 19 of the said Act, both as enacted by sec-
tion 8 of this Act, shall be deemed to have come into
force on the 20th day of April, 1977 and apply to corpora-
tions in respect of all taxation years ending after the 19th
day of April, 1977.

(3) Subsection 12 of section 14 of the said Act, subsection 5 i<*«""
of section 15 of the said Act, subsections 4, 5 and 6 of
section 16 of the said Act, subsection 5 of section 25 of
the said Act and section 31 of the said Act, all as enacted
by section 8 of this Act, come into force on a day to be
named by proclamation of the Lieutenant Governor, and
when in force, apply to corporations in respect of all
taxation years ending on or after the day that The ^^''- ° ^°

Idem

R.S.C. 1952.
c. 148.

1972. 0. 143

Short title

Venture Investment Corporations Registration Act, I977\
comes into force.

(4) Subsection 1 of section 19 and sections 21, 22, 23, 24
25 and 26 come into force on the day this Act receive*
Royal Assent. j

(5) Section 20 of this Act comes into force on the day thi
Act receives Royal Assent and applies to instalments o
tax payable in respect of all taxation years ending on or
after that day.

(6) The amendments to the Income Tax Act (Canada) mad
by an Act to amend the Income Tax Act, being chapter ■
of the Statutes of Canada, 1976-77, to sections of that^
Act which are by this Act made applicable for the pur
poses of The Corporations Tax Act, J 97 2 shall be deemed
to have come into force for the purposes of The Cor
porations Tax Act, 1972 at the same time and to apply 1
in the same manner as those amendments were brought!
into force and made applicable by the said Act to amency
the Income Tax Act (Canada). 1

28. The short title of this Act is The Corporations Tax Amendment j,
Act, 1977.

X
So

^ >
w
w

ft-

o
<

3
cr

ft
ft-

O 3

<-•■

'"'■

<-»-

>
n

1— ^

>-4

BILL 88

Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend
The Corporations Tax Act, 1972

The Hon. Margaret Scrivener
Minister of Revenue

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. THATCHEk, Queen's Printer for Ontario

Explanatory Notes

The Bill substantially re-enacts Parts I and II of The Corporations
Tax Act, 1972, in the interest of tax simplification. In addition, a number
of administrative amendments are made. With respect to the tax simplifica-
tion measures, Part II of the Act (tax on income) is entirely re-enacted by
section 8 of the Bill to provide a greater tie-in with the Income Tax Act
(Canada) ; in those areas where the provisions of both Acts are the same,
the sections of the Income Tax Act (Canada) are made applicable in so far
as they apply to corporations, so that such sections need not be reproduced
in The Corporations Tax Act, and where there are differences, special pro-
visions are enacted to deal with these. Substantial amendments to Part I
of the Act, complementary to the amendments to Part II, are also required.
Finally, the Bill adds to the Act a number of provisions to provide for the
treatment of corporations that buy shares of a corporation registered under
The Venture Investment Corporations Registration Act, 1977; such provisions
to come into force on proclamation.

Section 1. This section re-enacts section 1 of the Act and is com-
plementary to the tax simplification measures contained in section 8 of the
Bill. The interpretations contained in Part XVII of the Income Tax Act
(Canada) are, with certain exceptions, adopted and made applicable for the
purposes of the Act. Certain additional interpretations are also included for
the purposes of the Act. A provision is included to deal with the applicability
or non-applicability of cross-references within the adopted sections of the
Income Tax Act (Canada). Also it is provided in subsection 6 of the new
section 1 of the Act that the applicable sections of the Income Tax Act
(Canada) are adopted as amended or re-enacted from time to time. Finally,
the adoption of the definition of "corporation" contained in the Income
Tax Act (Canada) represents a substantive change to the Act — the present
definition of "corporation" does not include corporations incorporated without
share capital ; the new definition includes such corporations.

BILL 88 1977

An Act to amend
The Corporations Tax Act, 1972

HP2R MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
'oUows :

1. Section 1 of The Corporations Tax Act, 1972, being chapter ^^^gj^^^^^^^
143, as amended by the Statutes of Ontario, 1973, chapter
157, section 1, 1974, chapter 75, section 1, 1975, chapter 17,
section 1 and 1976, chapter 32, section 1, is repealed and the
following substituted therefor:

1. — (1) In this Act and in the application of the provisions ^^^®^p^^"
of the Income Tax Act (Canada) that are by this Act made r.s.c. 1952,
applicable for the purposes of this Act, '^^^^

(fl) each of the interpretations contained in Part XVII
of the Income Tax Act (Canada) are, except as
hereinafter provided, applicable for the purposes of
this Act;

(6) the interpretations contained in the said Part
XVII of the expressions "farming", "foreign re-
source property", "Minister", "paid-up capital",
"regulations", "taxable income", "taxable income
earned in Canada" and "tax payable" do not apply
and in lieu thereof the following interpretations
are applicable:

(ii) "foreign resource property" has the meaning
given to that expression by section 15 of this
Act,

(iii) "Minister" means, unless otherwise provided
in this Act, the Minister of Revenue,

(iv) "paid-up capital" has the meaning given

to that expression by paragraph c of sub-

R.s^c. 1952. section 1 of section 89 of the Income Tax

Act (Canada), but such meaning does not
apply for the purposes of Part III of this
Act,

(v) "regulations" means regulations made under
this Act,

(vii) "taxable income" has the meaning given to
that expression by section 9 of this Act,

(yiii) "taxable income earned in Canada" has the
meaning given to that expression by section
10 of this Act;

cc^B^i^B-"' (^) "bank" means a bank to which the Bank Act

(Canada) or the Quebec Savings Banks Act (Canada)
applies ;

(d) "family farm corporation" means a corporation
that is throughout the taxation year a corporation,

(ii) 95 per cent of the assets of which were farm-
ing assets, and

(iii) which carried on the business of farming
in Ontario through the employment of a
shareholder or a member of his family
actually engaged in the operation of the
farm;

{e) "farming assets" of a family farm corporation
means,

(i) cash, trade accounts receivable, supphes and
inventory of commodities or things produced,
raised or grown through farming,

(ii) land, buildings, equipment, machinery, and
live stock that are used chiefly in the
operation of the farm by the corporation,

(iii) any right or licence granted or issued under
any Act of the Legislature that permits or
regulates the production or sale of any
commodity or thing produced, raised or
grown through farming,

(v) shares in another family farm corporation;

(/) "jurisdiction" means a province or territory of
Canada or a state outside Canada having sovereign
power ;

{g) "member of his family" means, with respect to an
individual referred to in clause d,

(i) his spouse,

(ii) his child,

(iii) his father, mother, brother or sister or any
lawful descendant of such brother or sister,

(iv) the brother or sister of his father or mother
or any lawful descendant of any such brother
or sister,

(v) the father, mother or any brother or sister
of his spouse or any lawful descendant of
any such brother or sister,

(vi) his son-in-law or daughter-in-law, |

R.^.o. 1970. (vii) a person adopted by him under The Child

Welfare Act or the spouse or any lawful
descendant of such person, or

(viii) his grandfather or grandmother;

{h) "permanent establishment" has the meaning given
to that expression by section 7;

[i) "timber royalty" includes any consideration for a
right under or pursuant to which a right to cut or
take timber from a timber limit in Canada is
obtained or derived, to the extent that such con-
sideration is dependent upon, and computed by
reference to, the amount of timber cut or taken.

Idem

R.S.C.1952, (2) In the application of the sections of the Income Tax

Act (Canada) that by this Act are made applicable for the
purposes of this Act,

(a) "capital cost" means the cost of property as deter-
mined for the purposes of this Act;

(6) "undepreciated capital cost" means the undepre-
ciated capital cost of depreciable property as deter-
mined for the purposes of this Act;

(i) returns required to be filed under section 150
of that Act shall be deemed to be references
to the returns required to be filed under
section 145 of this Act, and

(ii) assessments to be made under section 152
of that Act shall be deemed to be references
to assessments to be made under section 150
of this Act;

{d) where a section of that Act has been made appli-
cable for the purposes of this Act, and reference is
made in that section to another provision (herein-

;f after in this clause referred to as the "other pro-

* vision") of that Act which,

(i) does not apply for the purposes of this Act,

; (ii) does not apply for the purposes of this Act

* because a provision of this Act is enacted

to apply in lieu thereof, or

7 (iii) in respect of which the appHcation for the

f purposes of this Act differs,

I the following rules apply in the application of the

i section for the purposes of this Act,

? (iv) where subclause i applies, the section (except

sections 20, 56, 60, paragraph /of subsection 1
of section 95 and section 138 of that Act)

? shall be read as if the reference to the other

* provision were deleted,

I (v) where subclause ii applies, the reference to

' the other provision shall be deemed to be a

I reference to the provision of this Act that

t applies in lieu thereof, and

(vi) where subclause iii applies, the reference to
the other provision shall be deemed to be a
reference to the other provision as it applies
for the purposes of this Act.

(3) Notwithstanding subsection 1, any regulation made ^^p^^^**^^""
pursuant to any provision of the Income Tax Act (Canada) regulations
that is by this Act made applicable for the purposes of r.s.c. 1952,
this Act shall apply with necessary modifications for the
purposes of this Act unless otherwise provided by this Act

or by the regulations.

(4) Any election or designation by a corporation which Elections
has been properly made for the purposes of the Income Tax ff^^- ^^^^•
Act (Canada), pursuant to any provision of that Act that

is by this Act made applicable for the purposes of this Act,
shall be deemed to have been properly made for the purposes
of this Act, provided that,

(fl) where an amount elected would be different from
the amount determined in accordance with this Act,
the amount determined in accordance with this Act
shall apply; and

RegrlBtered

pension

funds

R.S.C. 1952,
c. 148 applies
as amended
from time
to time

s. 2 (2) (c),
re-enacted

R.S.C. 1952.
c. 148

8. 2 (3) (c).
re-enacted

ss. 4. 5.
repealed

8.6(1),

amended

{b) the provisions in that Act impx)sing penalties for
late filing of such elections are not applicable for
the purposes of this Act. |

2. — (1) Clause c of subsection 2 of section 2 of the said Act,
as amended by the Statutes of Ontario, 1973, chapter 42,
section 1, is repealed and the following substituted
therefor :

(c) disposed of taxable Canadian property within the
meaning given to that expression by subsection 1
of section 248 of the Income Tax Act (Canada) if
the reference in that definition to section 2 of that
Act were a reference to this section ; or

(d) carried on business in Ontario,

(2) Clause c of subsection 3 of the said section 2, as amended
by the Statutes of Ontario, 1973, chapter 42, section 1,
is repealed and the following substituted therefor :

(c) disposed of taxable Canadian property within the
meaning given to that expression by subsection 1
of section 248 of the Income Tax Act (Canada)
if the reference in that definition to section 2 of
that Act were a reference to this section; or ;

(d) carried on business in Ontario, ^

3. Sections 4 and 5 of the said Act are repealed.

4. Subsection 1 of section 6 of the said Act is amended by striking
out "stock, mileage" in the third line and in the fifth line.

Section 2. This section amends subsections 2 and 3 of section 2 of
the Act by re-enacting clause c in each subsection to correct cross references
that are required as a result of other amendments. In addition, the section
adds clause d to subsections 2 and 3 to extend the applicability of section 2
to foreign corporations which carried on business in Ontario in a taxation
year.

Section 5. This section of the Bill repeals section 11 of the Act
which is no longer necessary as a result of the tax simplification measures
adopting the various provisions of the Income Tax Act (Canada).

Section 7. This section re-enacts section 13 of the Act to make
section 4 of the Income Tax Act (Canada) applicable for the purposes of the
Act. This amendment is part of the tax simplification measures contained
in this Bill and does not involve any substantive change to the Act.

3. Certain sections have been amended for clarification, for example,
clause c of subsection _7 of the new section 14 amends the wording
of the former subsection 2 of section 22 of the Act.

5. The new section 45 of the Act adds a section adopting the pro-
visions of the Income Tax Act (Canada) with respect to deposit
insurance corporations.

5. Section 1 1 of the said Act is repealed. repealed

6. Section 12 of the said Act is repealed and the following sub-^g^2^3^^,(.gjj
stituted therefor:

12. — (1) Except as hereinafter provided, section 3 of the^a^^^c
Income Tax Act (Canada) is apphcable for the purposes of^f^^g^^g^^'
this Act in so far as the said section applies to corporations, applicable

(2) In the application of the said section 3 for the purposes interpre-
of this Act, the reference in paragraph c thereof to "sub-
division e" shall be deemed to be a reference to Subdivision
D of Part II of this Act.

7. Section 13 of the said Act is repealed and the following sub-^^i^^^^^^^
stituted therefor:

Income or

13. Except as hereinafter provided, section 4 of the lo^s from

t tr ' a source or

Income Tax Act (Canada) is applicable for the purposes of from sources
this Act in so far as the said section applies to corporations, rsc 1952

c.'l48 '

8. Part II of the said Act, exclusive of sections 8 to 13a, as^^.n^^^
amended bv the Statutes of Ontario, 1973, chapter 42, sections re-enacted),

(88 50-122

3 to 9, 1973, chapter 157, sections 2 to 11, 13 to 15 and 17 to repealed)'
31, 1974, chapter 75, sections 3 to 6 and 8, 1975, chapter 17,
sections 4 to 56 and 58 to 63, 1976, chapter 32, sections 2 to
16, 1976, chapter 63, section 1, 1976, chapter 80, section 1 and
1977, chapter 16, sections 1 and 2, is repealed and the follow-
ing substituted therefor:

Subdivision A — income or loss from a business
OR property

14. — (1) Except as hereinafter provided, the income or loss ^/'p^*^*"^"
of a corporation for a taxation year from a business or RS^c. 1952.
property shall for the purposes of this Act be determined
in accordance with subdivisions a and b of Division B of
Part I of the Income Tax Act (Canada) and the said sub-
divisions a and b are applicable to this Act in so far as the
said subdivisions apply to corporations.

(2) In the application of section 10 of the Income Ta^c [°^«°t^ory of
Act (Canada) for the purposes of this Act the amount deter-
mined for the purposes of the Income Tax Act (Canada) as
the value of property described in an inventory is appli-
cable for the purposes of this Act, except that,

Payment or
refund of a
fee under
Ontario Beef
Calf Income
Stabilization
Program to be
included in
income

Disposition of
depreciable
property :

Undepre-
ciated
capital cost

Reduction of
capital cost by
amount of
government
assistance

R.S.C. 1970.
c. I-IO

1965. c. 12
(Can.)

so deducted shall not be included in determining
the value of the inventory for the purposes of sub-
section 1 ; and

(6) the Minister may determine the value of the
property described in an inventory for the purposes
of assessment under this Act if he is of the opinion
that the values have been incorrectly determined
by the corporation.

(4) In the application of section 13 of the Income Tax
Act (Canada) for the purposes of this Act, the following
rules apply,

I
(a) subsections 7.1 and 10 of the said section 13 and
subparagraph vi of paragraph / of subsection 21 of
the said section 13 are not applicable in determining
the capital cost or the undepreciated capital cost of
depreciable property of a prescribed class for the
purposes of this Act and the regulations; |

(ii) authorized to be paid under the Industrial
Research and Development Incentives Act
(Canada) or the Area Development Incentives
Act (Canada) and approved by the Minister,
or

7. Subsection jj^ of the new section 14 of the Act (non-capital loss
on the disposition of shares of a V.I.C), subsection 5 of the new
section 15 of the Act (capital loss on disposition of shares of a
V.I.C), subsections 4, 5 and 6 of the new section 16 of the Act
(amounts to be included in income on the disposition of the shares
of a V.I.C), subsection 5 of the new section 25 of the Act (transfer of
the shares of a V.I.C. on an amalgamation or winding-up) and the new
section 31 of the Act (deduction from taxable income on acquisi-
tion of shares of a V.I.C.) are all new provisions, contained in
section 8 of the Bill, relating to the treatment of the acquisition
and disposition of shares of a company registered under The Venture
Investment Corporations Registration Act, 1977, and will come into
force on proclamation when The Venture Investment Corporations
Registration Act, 1977 , is proclaimed into force.

Basically, a corporation will be allowed a deduction from
taxable income earned in Ontario equal to 250 per cent of its
investment in the shares of a V.I.C, and the amount eligible for
such deduction not used in the year may be carried forward
indefinitely. On the disposition of such shares, 250 per cent of the
proceeds will be included in the investor's income for the year of the
disposition. Recoveries in excess of the original cost of the shares
will be treated as capital gains. Non-capital losses on the disposition
of such shares will not be allowed, and capital losses on such
dispositions will be limited, since the deferred taxes on the loss
portion of the investment will not be recovered. V

(iii) deducted as an allowance under section 65

of the Income Tax Act (Canada) or section ^s^^- 1^52,
19 of this Act,

the capital cost of the property to the corporation
shall be deemed to be the amount by which the
aggregate of,

(iv) the capital cost thereof to the corporation,
otherwise determined, and

(v) such part, if any, of the assistance as has
been repaid by the corporation pursuant to
an obligation to repay all or part of that
assistance,

exceeds,

(vi) the amount of assistance.

(5) In the application of section 17 of the Income ^«^ nonresident \
Act (Canada) for the purposes of this Act, subsection 2 person

thereof does not apply in determining whether an amount
shall be included in the income of a corporation in accord-
ance with subsection 1 thereof.

(6) Where an amount in respect of, fJe^rent'and^

similar
, , , . . . , , payment

(a) a management or administration fee or charge; tonon-

° ° resident to be

included In

(b) a rent, royalty or a similar payment ; or income

(c) a right in or to the use of motion picture film
or films or video tapes for use in connection with
television that have been or are to be used or
reproduced in Canada,

is paid or payable by a corporation to a non-resident person
with whom it was not dealing at arm's length, the cor-
poration shall include 5/12ths of such amount in com-
puting its income from a business or property for the taxation
year in which the amount was subjected to tax under
paragraph a, d or e of subsection 1 of section 212 of the
Income Tax Act (Canada) or subsection 5 of that section,
except that clause h does not apply where the non-resident
person to whom the amount is paid or payable is a corporation
liable to the taxes imposed under this Act by virtue of
clause b of subsection 2 or clause b of subsection 3 of section 2.

DeductiOQS
allowed

R.S.C. 1952.
c. 148

(7) Subsection 2 of section 18 of the Income Tax Act
(Canada) and paragraphs a and v.\ of subsection 1 of section
20 of that Act are not appHcable in computing the income
of a corporation for a taxation year from a business or
property for the purposes of this Act, and in lieu thereof
there may be deducted such of the following amounts as
are applicable:

Capital co8t
of proijerty

Pee under
Ontario Beef
Calf Income
Stabilization
Program

Certain
interest
and property
taxes on land

(«)

such part of the capital cost to the corporation of
property, or such amount in respect of the capital
cost to the corporation of property, as is allowed
by regulation;

(b) an amount paid by the corporation in the taxation
year as a fee under the Ontario Beef Calf Income
Stabilization Program ;

(i) interest on borrowed money used to acquire
land or on an amount payable by the cor-
poration for land, or

(iii) included in the inventory of a business car-
ried on by the corporation,

(iv) otherwise used in, or held in the course of,
carrying on a business carried on by the
corporation, or

(v) held primarily for the purpose of gaining or
producing income of the corporation from
the land for that year,

{d) such amount as is allowed to the corporation by^j^^^^®g
regulation in respect of oil or gas resources in
Canada, as defined by regulation.

(8) In the application of paragraph n of subsection 1 ofno^ano°e^
secTTon 20 of the Income Tax Act (Canada) for the purposes of rsc 1952
this Act, ""'^^^

(a) notwithstanding subsection 8 of section 20 of the NOj.J|J^ctiop
Income Tax Act (Canada), the said paragraph n does proi^rty in
not apply to allow a deduction in computing thecircum-
income of a corporation for a taxation year from a
business in respect of a property sold in the course

of the business if the corporation at the end of the ^:

taxation year or at any time in the immediately V

following taxation year, J:

(i) was exempt from tax under any provision
of this Part, or

(ii) ceased to have a permanent establishment in f

Canada; and

(6) the said paragraph n does not apply to allow a J^°j.J|J^^f *°°
deduction in computing the income of a corporation of sale of

, . ^ , , . 1 .1 property if

for a taxation year from a busmess where the security
corporation has, in the taxation year sold, pledged,
assigned or in any way disposed of any security
received by it as payment in whole or in part for the
sale of property in respect of which the corporation
has, in that or a previous taxation year, been
allowed a deduction under that paragraph for the
purposes of this Act.

(9) In the application of paragraph <; of subsection 1 of[°^f^P™'
section 20 of the Income Tax Act (Canada) for the purposes

of this Act, the reference therein to "Minister" shall be
deemed to be a reference to the Minister of National Revenue
for Canada.

(10) Section 27 of the Income Tax Act (Canada) is not Jrc^n^^j^^^
appTTcable for the purposes of this Act and in lieu thereof

the following provisions shall apply:

Prescription

Transfers of
land for
disposition

Loss on
disposition
of shares
of a

Venture
Investment
Corporation
\m,o. 10

Application

R.S.C. 1952,

C.148

Idem

Adjustments
to cost base

1. Where a corporation referred to in paragraph d of
subsection 1 of section 149 of the Income Tax Act
(Canada) is otherwise exempt under section 49 of this
Act and subsection 1 of section 135 of this Act, such
exemptions do not apply if the corporation is pre-
scribed by regulation.

(11) Where in a taxation year a corporation has incurred
a loss, other than a capital loss, from the disposition of
property that is shares of the capital stock of a corporation
registered under The Venture Investment Corporations Re-
gistration Act, 1977 , such loss shall not be allowed in comput-
ing the income or loss of the corporation from a business or
property for the taxation year.

Subdivision B — taxable capital gains and
allowable capital losses

(2) Paragraph c of subsection 1 of section 48 of the Inco
Tax Act (Canada) is not applicable for the purposes of this

(3) In the application of paragraph a of subsection 2 of
section 40 of the Income Tax Act (Canada) for the purpos
of this Act, subparagraph i thereof shall be read as thouglj
the words "was not resident" were deleted and the won
"ceased to have a permanent establishment" were insert e<
in lieu thereof.

(4) In computing the adjusted cost base to a corporation
of property in accordance with the provisions made appli-
cable by subsection 1, the following rules apply for the pur-
poses of this Act,

(b) clause B of subparagraph ii of paragraph c of sub-
section 2 of section 53 of the Income Tax ^ d R^sc. i952,

C. 148

(Canada) shall apply as if the words "foreign ex-
ploration and development expenses" were deleted;

(i) as if the words "deduction from tax" were
deleted, and

(ii) as if the reference in clause B thereof to
section 65 were a reference to the said section
65 and to section 19 of this Act;

(5) Notwithstanding the rules contained in subsection 1 of on'S\^ osition
section 40 of the Income Tax Act (Canada) as made appli- ofsharesofa
cable by subsection 1 of this section, a corporation's capital investment
loss from the disposition of property that is shares in the °'^°'"*
capital stock of a corporation registered under The Venture ^^''' ^- ^°
Investment Corporations Registration Act, 1977, is the amount
by which,

(a) the capital loss in respect of such disposition,
otherwise determined,

exceeds,

(b) the amount in respect of such shares that was
deducted under section 31 minus the amount in
eluded in income under subsection 4 of section 16.

JSmoS''®' (6) In this Subdivision,

tatlon

(a) "foreign exploration and development expenses
incurred by a corporation means,

(i) any drilling or exploration expense, includini
any general geological or geophysical expense
incurred by it on or in respect of exploring or
drilling for petroleum or natural gas outside
Canada,

(ii) any prospecting, exploration or development
expense incurred by it in searching for
minerals outside Canada,

(iii) any annual payment made by the corporation i
for the preservation of a foreign resource
property, and

(b) "foreign resource property" of a corporation means

any property that would be a Canadian resource

property of the corporation within the meaning

of paragraph c of subsection 15 of section 66 of the

RS.C. 1952, Income Tax Act (Canada) if that paragraph were

read as if the references therein to "in Canada"
were references to "outside Canada" and were read
without reference to the words "after 1971".

Subdivision C — other sources of income

aMs ^^^' 16- — (1) Except as hereinafter provided, subdivision d of

Parti^BHd) Division B of Part I of the Income Tax Act (Canada) is

applicable for the purposes of this Act in so far as the said

subdivision applies to corporations.

(2) In the application of subsection 1 of section 56 of the interpre-
Income Tax Act (Canada) for the purposes of this Act, the rs.c. 1952,
reference in subparagraph i of paragraph / thereof to "this °"®
Act" shall be deemed to be a reference to both the Income

Tax Act (Canada) and this Act.

(3) Section 59 of the Income Tax Act (Canada) is not Disposition

*■ ' ^ ' of resource

applicable for the purposes of this Act, and in lieu thereof property
the following provisions apply,

(a) where a corporation disposes of, reSSbieas

consideration
... ^ ,. for disposition

(1) a Canadian resource property, or of resource

•^ ^ -' property

(ii) any right, licence or privilege described in
subsection 12 of section 58 of The Corporations
Tax Act, as it read in its apphcation to
taxation years prior to 1972, that was acquired
by the corporation,

(A) before 1972 in the case of,

1 . a corporation that is a principal- "^j
business corporation within the

meaning given to that expres-
sion by subsection 14 of section
20 or that was, at the time it
acquired the property, such a
principal-business corporation,
or

2. an association, partnership or
syndicate described in sub-
section 4 of section 83A of the
Income Tax Act (Canada) as it
read in its application to the
1971 taxation year, and

(B) after April 10, 1962 and before 1972, |
in any other case, -

under an agreement or other contract or

arrangement described therein, |

the corporation's proceeds of disposition therefrom
shall be included in computing the corporation's
income for the taxation year, to the extent that
the proceeds become receivable in that year;

(6) there shall be included in computing a corporation's ^g'Syg^e'^j
income for a taxation year any amount in respect under s.i8

. J J '^ In preceding

Oi, year

16
(i) a Canadian resource property, or

(ii) any property referred to in subclause ii of
clause a or in clause c,

that has been deducted under section 18 in comput-
ing the corporation's income for the immediately
preceding taxation year; Jl

re8oarce°°°^ (c) where a corporation has made a disposition of

acquired property owned, or deemed to have been owned,

before 1972 by it on the 3 1st day of December, 1971 and there-

after without interruption until the date of disposi-
tion that is property described in any of subpara-
graphs i to vi of paragraph c of subsection 15 of
^ MS ^^*^' section 66 of the Income Tax Act (Canada) and is

not property described in subclause ii of clause a,
the following rules apply,

(ii) where the corporation and the person who
acquired the property were not dealing with
each other at arm's length, for the purposes
of this subsection and section 20,

utfon™' (^) ^" ^^^^ subsection,

(i) "relevant percentage" has the meaning given
to that expression by subsection 4 of section
59 of the Income Tax Act (Canada),

(ii) "disposition" and "proceeds of disposition"
have the meaning given to those expressions
by section 54 of the Income Tax Act (Canada), ^f^- ^^^^'

(4) In addition to any other amount that is required to Jf |g°re8°°
be included in computing the income of a corporation for a of a venture

\ °f, .. ,^,,... J Investment

taxation year by virtue of the provisions of subdivision d corporation
of Division B of Part I of the Income Tax Act (Canada)
that are made appUcable by subsection 1 of this section,
there shall be included the following amounts :

(a) where, in a taxation year, shares of the capital

stock of a corporation that is registered under The i^'''- ^- 1°
Venture Investment Corporations Registration Act,
1977 have been disposed of by the corporation, an
amount equal to the aggregate of,

(i) 250 per cent of the lesser of,

(A) the cost to the corporation of the said

shares disposed of, and V

(B) the proceeds of disposition of such

shares, and (

(ii) that proportion of the amount determined
under subclause i that,

is of,

(B) the amount by which the taxable in-
come of the corporation for the year,
determined without reference to this
section, exceeds the amount determined
under sub-subclause A ; and

the corporation owned shares of the capital stock
of the V.I.C, an amount equal to the aggregate of,

(i) 250 per cent of the cost to the corporation
of the said shares, and

(ii) that proportion of the amount determined
under subclause i that,

is of,

(B) the amount by which the taxable
income of the corporation for the year,
determined without reference to this
section, exceeds the amount deter-
mined under sub-subclause A.

Idem

1977, c. 10

Idem

(a) the amount of the corporation's taxable income for
the year shall be determined as if it has no income
other than the amount determined under clause
a or 6 of subsection 4, as the case may be ;

(c) for the purposes of section 34, no portion of the
corporation's taxable income as determined under
clauses a and b shall be deemed to have been earned
in jurisdictions other than Ontario.

Subdivision D — deductions in
computing income

17. — (1) Except as hereinafter provided, section 60 of the Amplication
Income Tax Act (Canada), is appUcable for the purposes of ^fvp- -^^^^•
this Act in so far as the said section applies to corporations.

(2) In the application of subparagraph i of paragraph o tatfon^^
of the said section 60 for the purposes of this Act, the
reference therein to "this Act" shall be deemed to be a

reference to both the Income Tax Act (Canada) and this ^-^^^ i^^^, "^r

Act. ■ 5

(3) In addition to the deductions permitted by virtue of ^°^g°^*"°° (
subsection 1 , there may be deducted in computing the income deductible

of a corporation for a taxation year all corporation taxes
payable in the taxation year by the corporation.

(4) In this section, tatfon''®'

(b) "corporation tax" means a tax imposed by the
Legislature of a province or by a municipality in the
province that is declared by the regulations to be a
tax on corporations, but does not include,

(i) a corporation income tax, or

(ii) any other tax declared by the regulations not
to be a corporation tax.

Reserve in
respect of

18. — (1) In computing a corporation's income for a taxa- for°di8po8iu°o°n
tion year, in this subsection referred to as the "current year", property mjt

where. due until

subsequent
year

(6) an amount referred to in paragraph b of subsection 1
of section 64 of the Income Tax Act (Canada) has
been included in computing, for the purposes of this
Act, the corporation's income for that previous taxa-
tion year,

R.S.C. 1952,
C.148

Application of
subs. 1

{a) ceases to be a resident of Canada;

{b) becomes exempt from tax under any provision of
this Part; or

Application
oisection

(3) For the purpose of clause d of subsection 2 of section 1 ,
this section applies in lieu of section 64 of the Income Tax
Act (Canada).

Allowance for
oil or gas well,
mine or
timber limit

19. — (1) There may be deducted in computing a corpora-
tion's income for a taxation year such amount as an allowance,
if any, in respect of.

(a) an oil or gas well, mineral resource or timber limit;
or

(6) the processing, to the prime metal stage or its
equivalent, of ore from a mineral resource,

as is allowed by regulation.

(2) For greater certainty it is hereby declared that, in the Regulations
case of a regulation made under subsection 1,

(a) there may be prescribed by such regulation an
amount in respect of any or all,

(i) oil or gas wells or mineral resources in which
the corporation has an interest, or

(ii) processing operations described in clause b
of subsection 1 that are carried on by the
corporation; and

{b) notwithstanding any other provision contained in
this Act, the Lieutenant Governor in Council may
prescribe the formula by which the amount that
may be allowed to the corporation by such regu-
lation shall be determined.

(3) Where a deduction is allowed under subsection 1 in ^^|^|®f
respect of a coal mine operated by a lessee, the lessor and allowance
lessee may agree as to what portion of the allowance each

may deduct and, in the event that they cannot agree, the
Minister may fix the portions.

(4) For the purpose of clause d of subsection 2 of section 1 , Application
this section applies in lieu of section 65 of the Income Tax Rsc. i952.

*^^ c. 148

Ad (Canada).

20. — (1) A principal-business corporation may deduct, ^'^ ^^S^^eveiop-
computing its income for a taxation year, the lesser of, ment expenses

'^ " •' of principal-

business

(a) the aggregate of such of its Canadian exploration °°''p°''*
and development expenses as were incurred by it
before the end of the taxation year, to the extent

that they were not deductible in computing income
for a previous taxation year; and

exceeds,

Expenses of (2) A corporation other than a principal-business corpora-

corporations tion may deduct, in computing its income for a taxation

year, the lesser of,

(b) of that aggregate, the amount, if any, by which
the greater of,

(i) such amount as the corporation may claim,
not exceeding 20 per cent of the aggregate
determined under clause a, and

(ii) the aggregate of,

(A) such part of its income for the taxation •
year as may reasonably be regarded as
attributable to the production of petro-
leum or natural gas from wells in
Canada or to the production of minerals
from mines in Canada,

(B) its income for the taxation year from i
royalties in respect of an oil or gas
well in Canada or a mine in Canada,
and

1. the amount included in com-
puting its income for the taxa-
tion year by virtue of subsection 1
3 of section 16 in respect of the
disposition of the property,

the amount deducted under sec-
tion 18 in respect of the property
in computing its income for the
taxation year.

if no deductions were allowed under
section 19,

exceeds,

(iii) the amount of any deduction allowed by the
Corporations Tax Application Rules, 1972 in
respect of this subclause in computing its
income for the taxation year.

(3) A corporation other than a principal-business corpora- expkfration
tion may deduct, in computing its income for a taxation ^^^^j^ ^^^^
year, the lesser of, expenses-

•^ corporation

other than
a principal-

[h) that portion of the amount determined under clause a
equal to the amount of its income for the taxation
year if no deductions were allowed under this section,
minus,

(i) that portion of the deduction allowed for the
taxation year under subsection 2 which is
reasonably attributable to Ontario explora-
tion and development expenses, and

(ii) the deduction allowed for the taxation year

under sections 112 and 113 of the Income Tax ^f48'^^^^'
Act (Canada) as made applicable by section 29
of this Act.

(4) Subsection 3 of section 16, section 18 and subsections oeaie™
2 and 3 do not apply in computing the income for a taxation
year under this Part of a corporation, other than a principal-
business corporation, whose business includes trading or deal-
ing in rights, licences or privileges to explore for, drill for or
take minerals, petroleum, natural gas or other related
hydrocarbons.

Canadian

exploration

and

development

expenses

deductible

by successor

corporation

anasecond

successor

corporation

R.S.C. 1952.
0.148

Joint

exploration
corporation:
renunciation
of its

exploration
and develop-
ment expenses
in favour
of shareholder
corporation

(a) to "this section" is deemed to be a reference to this
section of this Act;

(b) to section 65 is deemed to be a reference to section 19,

of this Act; |

{d) to the Income Tax Application Rules, 1971, is
deemed to be a reference to the Corporations Tax^
Application Rules, 1972. i

(a) the references in the said subsection to subsections
1 and 3 of that section shall be deemed to be
references to subsections 1 and 2 of this section ; and

(6) the references in paragraph b of the said subsection
to paragraph a of subsection 1 of that section shall
be deemed to be a reference to clause a of subsec-
tion 1 of this section.

Control
change

Computation
of explora-
tion and
development
expenses

(8) In computing the Canadian exploration and develop-
ment expenses and Ontario exploration and development
expenses of a corporation,

(a) there shall be deducted the aggregate of all amounts
paid to it after 1971 and before the 25th day of May,
1976,

(i) under the Northern Mineral Exploration A ssist-
ance Regulations (Canada) made under an
Appropriation Act (Canada) that provides for
payments in respect of the Northern Mineral
Grants Program,

(iii) under the Mineral Exploration Assistance Pro-
gram (Ontario,

{b) there shall be included any amount, except an
amount in respect of interest, paid by the corpora-
tion, after 1971 in respect of amounts paid to it
before the 25th day of May, 1976, under the Regu-
lations referred to in subclause i of clause a to Her
Majesty in right of Canada and under the Mineral
Exploration Assistance Program (Ontario) to Her
Majesty in right of Ontario.

(9) Except as otherwise provided in this section, where a Limitations
corporation has incurred an outlay or expense in respect of

(10) Notwithstanding subsection 9, a corporation that is ^**®'"
entitled to a deduction under both subsections 2 and 3 may,

in addition to the deduction under subsection 2, deduct
such additional amount as it may claim in respect of Ontario
exploration and development expenses under subsection 3.

(11) Except as expressly otherwise provided in this Act, of Canadian*
where, as a result of a transaction occurring after the 6th exploration

, '-, tn-,. 11 -i^it anddevelop-

day of May, 1974, an amount has become receivable by a ment expenses
corporation at a particular time in a taxation year and the
consideration given by the corporation therefor was property
(other than a property referred to in subsection 3 of section

Unitized oil
or gas field
in Canada

16 or a share or interest therein or a right thereto) or
services, the original cost of which to the corporation may,
reasonably be regarded as having been primarily Canadiai
exploration and development expenses of the corporation]
or would have been so regarded if they have been incurred]
by the corporation after 1971, there shall be included in its]
income for that taxation year the amount that became receive
able by it at that time.

Amount
deemed
deductible
under this
Subdivision

(a) there shall, at that time, be included in computing
the corporation's income for the taxation year the
amount that became receivable by it ; and

(6) there shall, at that time, be included by the other
person, where that person is a corporation, in its
drilling or exploration expense the amount that
became payable by that person.

(13) For the purposes of section 12, any amount deductible I
under the Corporations Tax Application Rules, 1972 in respect
of this subsection shall be deemed to be deductible under
this Subdivision.

Interpre-
tation
R.S.C. 1952.
C.148

(14) In this section and in the provisions of the Income
Tax Act (Canada) made applicable for the purposes of this
section.

{a) "agreed portion" has the meaning given to that
expression by paragraph a of subsection 15 of section
66 of the Income Tax Act (Canada);

[h] "Canadian exploration and development expenses '
incurred by a corporation means,

(i) any drilling or exploration expense, including
any general geological or geophysical expense,
incurred by the corporation after 1971 on or
in respect of exploring or drilling for petro-
leum or natural gas in Canada,

(ii) any prospecting, exploration or development
expense incurred by it after 1971 in searching
for minerals in Canada,

(iii) notwithstanding paragraph m of subsection 1

of section 18 of the Income Tax Act (Canada), ^■f48-^*^^'
as that section applies to this Act by virtue
of section 14 of this Act, the cost to the
corporation of a Canadian resource property,
but for greater certainty not including any
payment made to any of the persons referred
to in any of the subparagraphs i to iii of the
said paragraph m for the preservation of a
person's rights in respect of a Canadian
resource property or a property that would
have been a Canadian resource property if it
had been acquired by the corporation after
1971, and not including a payment to which
the said paragraph m applied by virtue of
subparagraph v thereof,

but for greater certainty, does not include,

(vi) any consideration given by the corporation
for any share or any interest therein or right
thereto, except as provided by subclause v,
or

(vii) any expense described in subclause v incurred
by another person to the extent that the
expense was, by virtue of subclause v, a
Canadian exploration and development
expense of that other person.

but no amount of assistance or benefit that a cor
poration has received or is entitled to receive after
the 25th day of May, 1976 from a government
municipality or other public authority in respect of
or related to its Canadian exploration and develop
ment exf)enses, whether as a grant, subsidy, forgiv-
able loan, deduction from royalty or tax, investment
allowance or any other form of assistance or benefit,
shall reduce the amount of any of the expenses
described in any of subclauses i to v;

respect of exploring or drilling for petroleum or

natural gas has the meaning given to that expression

by paragraph d of subsection 15 of section 66 of

^■fw^^^^' the Income Tax Act (Canada);

{d) "joint exploration corporation" has the meaning
given to that expression by paragraph g of sub-
section 15 of section 66 of the Income Tax Act
(Canada) ;

{e) "Ontario exploration and development expenses"
incurred by a corporation means any expenses that
would be Canadian exploration and development
expenses incurred by the corporation if clause h of
this subsection were read as if the references therein
to.

(i) "in Canada" were references to "in Ontario",

(ii) "after 1971" were references to "after the
9th day of April, 1974", and

(iii) "Canadian" were references to "Ontario";

(i) "in Canada" were references to "in Ontario",
and

(ii) "after 1971" were references to "after the |
9th day of April, 1974";

{g) "principal-business corporation" has the meaning
given to that expression by paragraph h of sub-
section 15 of section 66 of the Income Tax ^ c^ ^s^^!. 1952,
(Canada) ;

[h] "shareholder corporation" of a joint exploration cor-
poration has the meaning given to that expression
by paragraph i of subsection 15 of section 66 of the
Income Tax Act (Canada), except that subparagraph
ii thereof shall, in its application for the purposes
of this section, be read without the reference therein
to "a Canadian exploration expense or a Canadian
development expense".

(15) For the purposes of clause d of subsection 2 of section ^pp^^^^^^^o^
1, this section apphes in heu of sections 66, 66.1 and 66.2 of
the Income Tax Act (Canada).

21. Section 66.3 of the Income Tax Act (Canada) is appli- ^^^^^^g
cable for the purposes of this Act in so far as that section inventory
applies to corporations. y

Subdivision E — rules relating to computation
of income

22. — (1) The rules provided in subdivision f of Division B^^^-^-^^^^,
of Part I of the Income Tax Act (Canada), relating to the Part i (B) (o,
computation of income are, in so far as the said rules apply
to corporations, applicable in computing income for the
purposes of this Act.

(2) In computing income, no deduction shall be made in Ji^itauon
resjject of an outlay or expense in respect of which any re expenses
amount is otherwise deductible under this Act, except to the
extent that the outlay or expense was reasonable in the
circumstances.

23.— (1) Section 245 of the Income Tax Act (Canada) is f/j^ij^jajo^g
applicable in computing income for the purposes of this Act,
except that,

(a) paragraph h of subsection 2 thereof is not applicable ;
and

(6) the reference therein to Part I of that Act shall be
deemed to be reference to Part II of this Act.

Dividend
stripping

R.S.C. 1952.
c. 148

Subdivision F — amounts not included

IN COMPUTING income

Amounts not
Included In
Income:

federal
grants
1965, c. 12
(Can.)
R.S.C. 1970.
cc. I-IO, R-3
1970-71-72.
c. 56 (Can.)

other
amounts

24. There shall not be included in computing the income
of a corporation for a taxation year,

[a] an amount paid to a corporation on account of a
grant under the Area Development Incentives Act
(Canada), the Industrial Research and Development
Incentives Act (Canada), the Regional Development
Incentives Act (Canada), or the Employment Support
A ct (Canada) ; and

[b) an amount determined in accordance with the rules
provided in paragraphs h, c, I and m of subsection 1
of section 81 of the Income Tax Act (Canada).

Subdivision G — corporations resident in Canada
and their shareholders

R.S.C. 1952.
c. 148.

Part I (B) (h),
applicable

Amalga-
mations
consideration
for resource

Sroperty
isposition

25. — (1) Except as hereinafter provided, the rules provided
in subdivision h of Division B of Part I of the Income Tax
Act (Canada) are applicable for the purposes of this Act.

(2) In heu of the rule provided in paragraph p of sub-
section 2 of section 87 of the Income Tax Act (Canada) with
respect to amalgamations, the following rule is applicable for
the purposes of this Act:

(3) Paragraph z of subsection 2 of the said section 87 is ^f^^- ^^^2,
not applicable for the purposes of this Act. s. 8? (2) (2),

^ ^ ^ ^ not applicable

(4) Paragraph e.2 of subsection 1 of section 88 of the ff^^- ^^^^'
Income Tax Act (Canada) shall, in its application for the s- 88 (i) (e. 2).
purposes of this Act, be read without reference therein to
paragraph z of subsection 2 of section 87 of the said Act,

and as though the reference therein to paragraph p of the
said subsection 2 were a reference to subsection 2 of this
section.

(5) For the purposes of subsection 4 of section 16 and Transfer of
section 31, where a corporation (hereinafter in this section shares on
referred to as the "vendor") has transferred shares of the mation
capital stock of a corporation registered under The Venture 197^^° ^ing-"P
Investment Corporations Registration Act, 1977 to another
corporation (hereinafter in this section referred to as the
"purchaser") pursuant to an amalgamation within the mean-
ing of section 87 of the Income Tax Act (Canada) or the
winding-up of a Canadian corporation within the meaning of

section 88 of that Act, or the vendor and the purchaser have
jointly elected under section 85 of that Act in respect of
those shares, the following rules apply,

[a) the vendor shall be deemed to have disposed of the
shares for proceeds of disposition equal to the cost
to it of the shares; and

(6) the purchaser shall be deemed to have acquired the
shares at a cost equal to the amount determined
under clause a.

(6) In the application of the said subdivision h for the "Minister"

... '^r , , . ■ r, , ^ deemed to

purposes of this Act, the references m section 84.2, paragraphs be Minister
g and k of subsection 1 of section 89 and subsection 3 of Revenue
section 89 of the Income Tax Act (Canada), to "Minister"
shall be deemed to be references to the Minister of National
Revenue for Canada.

Subdivision H — shareholders of corporations

NOT resident in CANADA

26. — (1) The provisions of subdivision i of Division B of ^f^^- ^^^2.
Part I of the Income Tax Act (Canada) are applicable in a^'^fi^ble^^'
computing the income of a corporation for a taxation year
for the purposes of this Act.

(2) In the application of the said subdivision i for the wem
purposes of this Act, the references therein to "Minister"
shall be deemed to be references to the Minister of National
Revenue for Canada.

Subdivision I — partnerships and their members

R.S.C. 1952.
c. 148,

Part KB) (J),
applicable

Ezoeptlon

Members of

partnerships

deemed to

have

permanent

establishment

in Ontario

(2) Subsection 1.6 of section 96 of the Income Tax Act
(Canada) is not applicable for the purposes of this Act.

R.S.C. 1952,
c. 148.

Parti (B)(k),
applicable

Idem

Subdivision J — beneficiaries of trusts

(2) In the application of the said subdivision for the pur-
poses of this Act,

(a) clause d of subsection 2 of section 1 of this Act does
not apply; and

(6) the references therein to "Minister" shall be deemed
to be references to the Minister of National Revenue
for Canada.

Division C — computation of taxable income

R.S.C. 1952.
c. 148,
Part KG),
applicable

29. — (1) Except as hereinafter in this Division provided,
in computing the taxable income of a corporation for a
taxation year. Division C of Part I of the Income Tax Act
(Canada) is applicable for the purposes of this Act in so far
as the said Division applies to deductions permitted to
corporations.

(2) In the application of paragraphs a, b and b.l of sub-^^^f/P^^^^j^Q^^f
section 1 of section 110 of the Income Tax Act (Canada) for r.s.c. 1952,
the purposes of this Act, the reference therein to "receipts" s.no'd)
shall be deemed to mean receipts or photostatic reproductions
thereof.

(3) For the purposes of this Act, "registered amateur tatf^^^
athletic association" and "registered charity" mean respec-
tively an amateur athletic association or a charity that,
unless otherwise designated by the Minister, has been regis-
tered by the Minister of National Revenue for Canada pur-
suant to subsection 8 of section 110 of the Income Tax Act
(Canada) and, unless otherwise designated by the Minister,
whose registration has not been revoked.

(4) In the application, for the purposes of this Act, of appfication of
subsection 3 of section 111 of the Income Tax Act (Canada), ^•^g'-^^^^-
paragraph a thereof shall be read as if subparagraph ii thereof s.iii'(3)
were deleted.

30. — (1) In computing a corporation's taxable income for contributions
a taxation year, there may be deducted the aggregate of
amounts (the aggregate of which amounts is hereafter in this
subsection referred to as "the amount contributed") that
are contributions for the purposes of The Election Finances '^^^'^■'^^
Reform Act, 1975 and that are contributed in the taxation
year, and in any previous taxation year ending after the
12th day of February, 1975 to the extent that such contribu-
tions have not already been deducted, by the corporation to
registered candidates at an election of a member or members
to serve in the Assembly, to registered constituency associa-
tions or to registered parties, provided that,

{a) subject to subsection 3, such deduction shall not
exceed the least of,

(i) the amount contributed,

(ii) its taxable income computed without refer-
ence to this section, and

(iii) $4,000; and

intfnpre- (2) In this section,

(a) "recorded agent" means a person on record with
the Commission on Election Contributions and
Expenses as being authorized to accept contribu-
tions on behalf of a political party, constituency

1975. c. 12 association or candidate registered under The Election

Finances Reform Act, 1975;

{h) "registered candidate", with respect to an election
of a member or members to serve in the Assembly,
means a person who has been registered as a candi-
date for such election by the Commission on Election
Contributions and Expenses and whose name has
not been deleted from the register of candidates
maintained by the Commission with respect to such
election ;

(c) "registered constituency association" means a regis-
tered constituency association within the meaning
given to that expression by The Election Finances
Reform Act, 1975;

[d] "registered party" means a registered party within
the meaning given to that expression by The Election
Finances Reform Act, 1975.

Corporations (3) In respect of a corporation to which section 34 is

8.3418 applicable, the amount deductible under clause a of subsec-

applicable 4.- i • ^.v, * x

tion 1 IS the aggregate of,

{a) the amount which would otherwise be deducted
under clause a of subsection 1 ; and

[b) that proportion of the amount determined under
clause a that,

(i) the taxable income of the corporation that is
earned in jurisdictions other than Ontario
(as computed for the purposes of section 34
and without reference to this section and_
section 31),

is to,

(ii) the amount by which the taxable income ol
the corporation exceeds the amount referred
to in subclause i.

31. — (1) In computing the taxable income of a corporation ofYha^es
for a taxation year there may be deducted the lesser of, li^stm^nt

Corporation

(a) the aggregate of,

(i) the corporation's "eligible expenditure" for
the year determined under subsection 2, and

(ii) that proportion of the amount referred to in
subclause i that,

is of,

(B) the amount by which the corporation's
taxable income for the year, deter-
mined without reference to this section,
exceeds the amount determined under
sub-subclause A; and

{b) the taxable income of the corporation for the year
determined without reference to this section and
section 30.

(2) In this section, a corporation's "eligible expenditure" t^tfon^^
for a taxation year means the aggregate of,

(a) the amount of the corporation's "undeducted eligible
expenditure" determined under subsection 3 for the
immediately preceding taxation year; and

(b) an amount equal to 250 per cent of the cost incurred
in the year for the acquisition of shares of the capital
stock of a corporation that is registered under The ^^^' ^- ^^
Venture Investment Corporations Registration Act,

1977. ■

(3) For the purposes of subsection 2, a corporation's "un-i°^erpre-
deducted eligible expenditures" means the amount by which,

(a) its "eligible expenditure" for a taxation year deter-
mined under subsection 2,

exceeds,

(b) the amount deducted for that year under subsec-
tion 1 minus the proportion thereof that,

(i) the taxable income of the corporation for the
year that would be deemed to have been
earned in all jurisdictions other than Ontario
for the purposes of section 34,

is of.

Non-
residents'
taxable
income
earned In
Canada

(ii) the taxable income of the corporation for the
year.

Division D — ^taxable income earned in Canada
by non-residents

{a) there shall be included income from property that
is real property situated in Canada or any interest
therein, that arose from the sale or rental thereof or
both; and

(b) the amount of the income included in accordance
with the said rules and clause a shall be determined
in accordance with this Act.

Division E — Computation of income tax payable

Rate

Deduction
from income
tax

Foreign tax
deduction

35. — (1) Where a corporation has a permanent establish-
ment in Ontario, and.

(a) the corporation has included in computing its
income for the taxation year,

(i) income that was derived from sources within
a jurisdiction outside Canada in the form of
dividends, interest, rents or royalties received
in the year,

(iii) the amount by which,

(A) the aggregate of that part of the cor-
poration's taxable capital gains for the
taxation year from the disposition of
property as may reasonably be con-
sidered to be income from a source

within a jurisdiction outside Canada, A

exceeds,

hereinafter in this section referred to as "foreign
investment income"; or

(b) the corporation, having included in its income for
the taxation year foreign investment income from
sources within a jurisdiction outside Canada, also
included income from a business carried on by it in
that jurisdiction, hereinafter in this section referred
to as "foreign business income".

and where,

R.S.C. 1952.
c. 148

tion 34 such foreign investment income has been
excluded from the calculation of gross revenue or
any part thereof; and

(d) the corporation is entitled to a deduction under
section 126 of the Income Tax Act (Canada), herein-
after in this section referred to as "foreign tax
credit", with respect to any income or profits tax
paid to such jurisdiction on such foreign investment
income or on such foreign investment income and
foreign business income or is deemed to have been
paid as income or profits tax to such jurisdiction by
virtue of subsection 5 of section 148 of the Income
Tax Act (Canada),

the corporation may deduct from the tax otherwise payable
under this Part for the taxation year an amount equal
to the lesser of.

Idem

Small

business

incentives

{e) 12 per cent of that part of such foreign investment
income that is income that is included in that
f)ortion of taxable income that remains after deduct-
ing from such taxable income the portions thereof
deemed to have been earned in jurisdictions other
than Ontario for the purpose of section 34 ; and

if) the deficiency, if any, between,

(i) the income or profits tax paid for the taxation
year by the corporation to the jurisdiction
outside Canada in respect of the foreign invest-
ment income referred to in clause e, and

(ii) the foreign tax credit allowed for the taxation
year in respect of such foreign investment
income under subsection 1 of section 126 of the
Income Tax Act (Canada).

(2) For the purposes of subsection 1, the amount deter- ^^®™
mined under this subsection is that proportion of the least

of the amounts determined under paragraphs a, b, c and d of
subsection 1 of section 125 of the Income Tax Act (Canada) ^ f^g ^^^^•
for the taxation year, not exceeding $150,000, that,

{a) the amount of that portion of its taxable income for
the taxation year that is deemed to have been
earned in Ontario, measured in accordance with
paragraph a of subsection 4 of section 124 of the
Income Tax Act (Canada),

bears to,

(3) In lieu of the deduction permitted under subsection 1 . J,[i*° ^ite °*^
for the taxation year that ends after the 6th day of April, native
1976, and that includes that day, there may be deducted

from the tax otherwise payable under this Part for that
taxation year the amount that would otherwise be deductible
under section 106a as that section stood on the 6th day of
April, 1976, determined on the assumption that that section
applied to the whole of that taxation year.

(4) Where a corporation has made a deduction under ^^j^'^^^'^Q^*^
subsection 1 for the taxation year that ends after the 6th additional

, r . •, </-v-?^ 11 11 1 1 • II- deduction

day of April, 1976, and that includes that day, in addition
to the amount deducted under subsection 1 there may be
deducted from the tax otherwise payable under this Part
for that taxation year the lesser of,

(a) 3 per cent of the amount determined under sub-
section 2 for that taxation year; and

(6) the amount that would have been deductible under
subsection 3 of section 106a as that section stood
on the 6th day of April, 1976 had that section
applied to that taxation year.

(5) In this section, "tax otherwise payable under this [at?^"^^
Part" means the tax for the taxation year otherwise payable

by the corporation under this Part after making any deduction
applicable under sections 34 and 35, but before making any
deduction under this section.

Tax on tax 37. Where, under a contract, will or trust, made or created

^HS^^^^' under Part I of the Income Tax Act (Canada) and Part II

of this Act by reason of the payment,

(a) the tax payable by the corporation under Part II
of this Act for the taxation year in or in respect
of which such payment is made or becomes payable
is the amount that the tax of the corporation under
Part II of this Act would be if no amount under-
the contract were included in computing its income
for the taxation year plus,

(i) the amount by which its tax under Part II
of this Act would be increased by including in
computing its income,

(A) the payment, and

(B) the amount by which its tax under
Part I of the Income Tax Act (Canada)
would be increased by including the
payment in computing its income, and

(6) if the person required to make the payment is a
corporation and would otherwise be entitled to
deduct the amounts payable under such a contract
in computing its income for a taxation year, such
corporation is not entitled to deduct the amount
determined under subclause ii of clause a.

Division F — special rules applicable in

CERTAIN circumstances

co^%ration ^^- ^^ere a corporation has become bankrupt, as defined

bankrupt in subsection 3 of section 128 of the Income Tax Act (Canada),

the rules provided in the said section 128 are applicable for the

purposes of this Act.

Investment Corporations

39. — (1) Where a corporation is, throughout a taxation ^fPgP^^j^^'^°°
year, an investment corporation, other than a mutual fund
corporation, subsections 1, 2 and 3 of section 131 of the
Income Tax Act (Canada) as made applicable by section 41 cf48-^^^^'
of this Act are applicable in respect of the corporation for the
taxation year as if,

(a) the corporation had been a mutual fund corporation
throughout that and all previous taxation years
ending after 1971 throughout which it was an
investment corporation ; and

(2) Subsection 6 of section 41 applies to a corporation to i<*®™
which this section applies.

Mortgage Investment Corporations

40. Where a corporation was, throughout a taxation year, ^ fgg' g^^i^Jj i
a mortgage investment corporation, as defined in subsection 6 applicable
of section 130.1 of the Income Tax Act (Canada), the rules
provided in the said section 130.1 are applicable in computing
its income for the taxation year for the purposes of this Act.

Mutual Fund Corporations

41. — (1) Except as hereinafter provided, where a corpora- Rsc. 1952,
tion is a mutual fund corporation, section 131 of the Income B.m,
Tax Act (Canada) is applicable for the purposes of this Act.

(2) In the application of subparagraph i of paragraph a ^^^^
of subsection 2 of the said section 131 for the purposes of
this Act, the reference therein to "20%" shall be read as a
reference to "6%".

(3) In the application of subsection 3 of the said section ^^^"^
131 for the purposes of this Act, the reference therein to
"this Act" shall be deemed to be a reference to this Act.

(4) In the application of clause A of subparagraph i of ^<*«'"
paragraph a and clause C of subparagraph ii of paragraph b,

Idem

Apportion-
ment of
capital
gains
refund

Exceptions
R.S.C. 1952,
c. 148

Computation
of income

of subsection 6 of the said section 131, for the purposes of
this Act, the references therein to "5 times" shall be read as
references to "16% times".

(5) In the application of paragraph d of subsection 6 oi
the said section 131 for the purposes of this Act, subparagraph
i thereof shall be read without reference to clause C thereof,
and the reference to "40%" in clauses A and B of the said
subparagraph shall be read as references to "12 per cent".

(7) Subsections 5 and 9 of section 131 of the Income Tax
Act (Canada) and paragraph c of subsection 6 of the said
section are not applicable for the purposes of this Act.

Non-Resident-Owned Investment Corporations

''t I

Computation
of taxable
income

R.S.C 1952.

0. 148.

s. 133 (5, 7.1. 7.2).

applicable

(3) The provisions of subsections 5, 7.1 and 7.2 of section
133 of the Income Tax Act (Canada) are applicable for the
purposes of this section.

Patronage Dividends

43. — (1) Except as hereinafter provided, the provisions of ^s^c. 1952,
section 135 of the Income Tax Act (Canada) with respect to s. 135,'

, , . , . , , , ^ ^ ^ applicable

(2) Subsection 3 of the said section 135 is not applicable ^on-^^^.^^
for the purposes of this Act. ofs.isso)

Credit Unions

44. — (1) Except as hereinafter provided, the provisions of ^f^^- ^^^2,
section 137 of the Income Tax Act (Canada) are applicable s 137' ^,

.. ,, . , J., \ , ' , ^^ applicable

in computing the income of credit unions for the purposes of
this Act.

(2) Subsections 3 and 4 of the said section 137 and para- ^''''^p*^^''^^
graph c of subsection 6 of the said section 137 are not
applicable for the purposes of this Act.

Deposit Insurance Corporations

45. — (1) Except as hereinafter provided, the provisions ^^^c i952,
of section 137.1 of the Income Tax Act (Canada) are appH- s. i37.'i,

... *• i.u ■ / J •* • applicable

cable m computing the income of deposit insurance cor-
porations and member institutions thereof for the purposes
of this Act.

(2) In the application of subsection 1 of the said section i<*®™
137.1 for the purposes of this Act, the reference in para-
graph a thereof to "this Part" shall be deemed to be a refer-
ence to Part II of this Act.

(3) Subsection 9 of the said section 137.1 is not appli- Exception
cable for the purposes of this Act.

Insurance Corporations

46. — (1) Notwithstanding any other provision of this ^*Jcuiation
Act, except as hereinafter provided, the taxable incomes income
of insurance corporations that carry on an insurance business
in Ontario shall, for the purposes of this Act, be computed
in accordance with the rules provided in sections 138, 140,
141, 141.1 and 142 of the Income Tax Act (Canada).

Interpre-
tation

Application
of rules
under
R.S.C. 1952,
0.148

Amounts to
be included
in computing

golicy-
older's
income

Exemptions

Charities
and other
corporations

Non-profit
organizations

47. The rules provided in section 139 of the Income Tax
Act (Canada), with respect to the conversion of a provincial I y
incorporated life insurance corporation into a mutual cor-
poration, are applicable for the purposes of this Act.

48. Subsection 2 of section 142 of the Income Tax Act
(Canada) is, in so far as it applies to corporations, appli-
cable for the purposes of this Act.

Division G — ^exemptions

49. — (1) Except as hereinafter provided, no tax is payable
under this Part upon the taxable income of a corporation for
a period when that corporation was,

{a) a corporation referred to in paragraph c, d, e,f, hA,
i, j, k, m, n OT 0 of subsection 1 of section 149
of the Income Tax A ct (Canada) ;

(6) a club, society or association that, in the opinion
of the Minister, was not a charity within the
meaning given to that expression by subsection 1
of section 149.1 of the Income Tax Act (Canada)
and that was organized and operated exclusively
for social welfare, civic improvement, pleasure or
recreation or for any other purpose except profit,
which has not in the taxation year or in any
previous taxation year distributed any part of its
income to any proprietor, member or shareholder
thereof, or appropriated any of its funds or property
in any manner whatever to or for the benefit of
any proprietor, member or shareholder thereof,
unless the proprietor, member or shareholder was a
club, society or association, the primary purpose
and function of which was the promotion of amateur
athletics in Canada; or

Farmers' and

fishermen's

insurers

(c) an insurer, who was engaged during the period in
no business other than insurance, if, in the opinion
of the Minister on the advice of the Superintendent
of Insurance, 50 per cent of its gross premium
income for the period was in respect of the insur-
ance of farm property, property used in fishing or
residences of farmers or fishermen.

irable

(2) Where a corporation described in clause h of sub- ^|[^^P*^^g^^j.j_

section 1, butlonmade

' to members or

shareholders

{h) has, after 1971, distributed any of its income or
distributed or otherwise appropriated any of its
funds or property in any manner whatever to or for
the benefit of any proprietor, member or share-
holder thereof on the winding up or discontinuance

of its business, the corporation shall be deemed to A

have received income in that taxation year equal
to the amount, if any, by which the amount of the
funds and the value of the property distributed or
appropriated, as the case may be, exceeds the
aggregate of,

(i) amounts paid in by proprietors, members or
shareholders on account of capital, and

(ii) that part of the corporation's surplus that is
attributed to income that was exempt under
this section other than taxable capital gains,

and the corporation shall be liable for the taxes
imposed under this Act for the taxation year in
which the distribution is made.

(3) For the purposes of clause h of subsection 1, in com- ^°'j°^®J°*^
puting the part, if any, of any income that was distributed taxable

or otherwise appropriated for the benefit of any person, gafns '

the amount of such income shall be deemed to be the amount
thereof otherwise determined less the amount of any taxable
capital gains included therein.

(4) The rules provided in subsections 2, 3, 4, 6, 8, 9 and 10 ^^rffis"""
of section 149 of the Income Tax Act (Canada) are ^PP^i- ^g c" 1952
cable for the purposes of this section. c.i48

Idem

R.S.C. 1952.
0.148

8. 126(1) (c).
re-enacted

8. 126(1) (d),
re-enacted

(5) In the application of subsection 2 of section 149 of th«
Income Tax Act (Canada) for the purposes of this Act, th(
said subsection shall be read without the reference thereii;
to paragraph /.

0. — (1) Clause c of subsection 1 of section 126 of the said Act ^
repealed and the following substituted therefor:

(c) all its reserves, whether created from income oi
otherwise, except any reserve the creation of whicl
is allowed as a deduction under the provisions ol
Part II, except paragraph n of subsection 1 o)
section 20 of the Income Tax Act (Canada) as thai
paragraph applies by virtue of subsections 1 and J
of section 14 of this Act. I

(2) Clause d of subsection 1 of the said section 126, as re|
enacted by the Statutes of Ontario, 1973, chapter 42,
section 11, is repealed and the following substituted
therefor :

(d) all sums or credits advanced or loaned to the cor-
poration by its shareholders directly or indirectly
or by any person related to any of its shareholders
or by any other corporation; and

8. 127(1) (6),
re-enacted

10.

8. 127(1) (c),
re-enacted

Inve8tment8

(1) Clause b of subsection 1 of section 127 of the said Act
is repealed and the following substituted therefor:

(b) the amount of the discount on the issue or sale of
the shares of the corporation.

(2) Clause c of subsection 1 of the said section 127, as amended
by the Statutes of Ontario, 1976, chapter 32, section 17,
is repealed and the following substituted therefor:

(c) the amount that equals that proportion of the
paid-up capital remaining after the deduction of the
amounts provided by clauses a, b and d which the
cost of the investments made by the corporation
in the shares and bonds of other corporations, in
loans and advances to other corporations and in the
bonds, debentures and other securities of any
government, municipal or school corporation bears
to the total of the assets of the corporation remain-
ing after the deductions of the amounts provided
by clauses a, b and d, but,

Section 1 1 . This section amends subclause ii of clause b of subsection 1
of section 128 of the Act, relating to the calculation of paid-up capital
employed in Canada by non-resident corporations. The subclause is amended
to clarify the wording and to provide that loans from banks and loans made
to the corporation by "any f>erson related to any of its shareholders" will
be taxable in the same way as such amounts are taxed as part of the paid-up
capital of resident corporations under section 126.

(i) the deduction under this clause shall in no
case exceed the cost of the investments in
respect of which the deduction is claimed,
and

(3) Clause d of subsection 1 of the said section 127, as enacted s. i27(i)(d),
by the Statutes of Ontario, 1976, chapter 32, section 17,

is amended by striking out "section 63" in the fifth line
and inserting in lieu thereof "section 20".

(4) Clause d of subsection 2 of the said section 127 is repealed re-enacted^'
and the following substituted therefor :

11. Subclause ii of clause b of subsection 1 of section 128 of the 8.i28(i)(&)
said Act is repealed and the following substituted therefor: re-enacted

(ii) the amount of the indebtedness of the cor-
poration relating to its permanent establish-
ments in Canada, but excluding therefrom,

(B) all other indebtedness that is repre-
sented by bonds, bond mortgages,
debentures, income bonds, income de-
bentures, mortgages, lien notes and

any other securities to which the
property in Canada or any of it is
subject,

S.130,
amended

8.186,
re-enacted

Idem

12. Section 130 of the said Act is amended by striking out "clause
c of subsection 1 of section 75" in the seventh and eighth,
lines and inserting in lieu thereof "paragraph c of subsection

1 of section 81 of the Income Tax Act (Canada) as that
paragraph applies by virtue of section 24 of this Act".

13. Section 135 of the said Act, as amended by the Statutes of
Ontario, 1974, chapter 75, section 10, is repealed and the
following substituted therefor:

135. — (1) Except as provided in subsection ^0 of section 14,
every corporation referred to in subsection 1 of section 49,
other than a corporation referred to in paragraph m of
subsection 1 of section 149 of the Income Tax Act (Canada),
shall not be required to pay the taxes otherwise payable
under section 131 or 133.

Idem

(2) Subject to subsection 3, every corporation referred to
in clause d of subsection 1 of section 1, and sections 40 and
44 of this Act and paragraph m of subsection 1 of section |
149 of the Income Tax Act (Canada) shall, in lieu of th^
tax payable under section 131 or 133, pay a tax of $50. fl

(3) Subsection 2 does not apply in the case of a cor-
poration referred to in clause d of subsection 1 of section 1 I
where, pursuant to subsection 2 of section 31 of the Income j
Tax Act (Canada) as made applicable by subsection 1 of I
section 14 of this Act, the Minister has determined that
the chief source of income of the corporation for a taxation
year is neither farming nor a combination of farming and |
some other source of income. i

8. 137,
amended

14. Section 137 of the said Act is amended by striking out "section
122" in the first line and in the sixth line and inserting in lieu
thereof in each instance "section 49".

8.145,
amended

15. Section 145 of the said Act is amended by adding thereto the
following subsection:

Trustees,
etc.

Sections 12 and 14. These sections amend cross-references in sections
130 and 137 and are complementary to the amendments contained in
section 8 of this Bill.

Section 17. This section of the Bill amends a cross-reference con-
tained in subsection 4 of section 149 of the Act and is complementary to
the amendments contained in section 8 of the Bill.

Section 18. This section amends section 150 of the Act. Subsection 1
of this section amends subsection 1 of section 150 of the Act and enacts new
subsections la and ib, in line with the amendments to the corresponding
section of the Income Tax Act (Canada). The amendments will require the
Minister to determine the amount of the capital gains refunds to the mutual
fund corf)orations, investment corporations and other corporations entitled
to such refunds (subsection 1 of section 150) and allows the Minister to
determine the amount of a corporation's non-capital loss, net capital
loss or restricted farm loss (new subsection la of section 150). In addition,
it is provided that the sections relating to objections and appeals from
assessments are applicable to such determinations (new subsection 16 of
section 150). Previously, a corporation could not appeal from such deter-
mination since they were not "assessments" to which the appeal provisions
would apply. Subsections 2 and 3 of this section amend cross-references in
subsections 4 and 5 of section 150 of the Act and are complementary to the
amendments contained in section 8 of the Bill.

taxation year as required by this section shall file the return
required by subsection 1 for that corporation for that year.

16. — (1) Subclause i of clause b of subsection 3 of section 148 of ^g^^^(3Hb) (D,
the said Act, as re-enacted by the Statutes of Ontario,
1975, chapter 17, section 64, is repealed and the following
substituted therefor:

(i) on or before the last day of the third month
of the taxation year following that in respect
of which the tax is payable, where an amount
was deducted by virtue of section 125 of the
Income Tax Act (Canada) in computing the tax R.s.c. 1952.
payable by the corporation under Part I of
that Act for the taxation year or the imme-
diately preceding taxation year, or

(2) Clause b of subsection 5 of the said section 148, as enacted |j^^8^<^^j|''>'
by the Statutes of Ontario, 1976, chapter 32, section 19,

is amended by striking out "subsections 2 and 2a of -,

section 109" in the second and third lines and inserting
in lieu thereof "section 41".

(3) Subsection 6 of the said section 148, as enacted by the |J^48^(6^)^
Statutes of Ontario, 1976, chapter 32, section 19, is
amended by striking out "subsections 2 and 2a of section

109" in the fourth and fifth lines and inserting in lieu
thereof "section 41".

17. Subsection 4 of section 149 of the said Act is amended by Ij^^^jj^^j^J^
striking out "section 99" in the second line and in the twelfth
line and inserting in heu thereof in each instance "section 111
of the Income Tax Act (Canada) as made applicable by section
29 of this Act".

18. — (1) Subsection 1 of section 150 of the said Act is repealed s^i^J^J^^^^^j
and the following substituted therefor:

(1) The Minister shall with all due despatch examine each Assessment
return delivered under section 145, shall assess the tax for
the taxation year and the interest and penalties, if any,
payable and shall determine the amount of refund, if any,
to which the corporation may be entitled by virtue of section
39 or 41 for the taxation year.

(la) The Minister may determine the amount of a corpora- ^j^tion
tion's non-capital loss, net-capital loss or restricted farm loss of loss
for a taxation year where, in his opinion, the amount thereof
is different from the amount reported by the corporation in
its return delivered under section 145 for the taxation year.

Provisions
applicable

R.S.C. 1952,
C.148

8. 150 (4) (a)

(V).

re-enacted

s. ISO (5).
amended

(16) The provisions of paragraph / of subsection 1 of seq
tion 56 and paragraph o of section 60 of the Income Tai
Act (Canada), as those paragraphs apply by virtue of sections
16 and 17, respectively, of this Act, and the provisions of this
Part shall apply, mutatis mutandis, to a determination under
subsection 1 or la.

i
(2) Subclause v of clause a of subsection 4 of the said sectioii

150 is repealed and the following substituted therefor: |

(v) has claimed a deduction under paragraph
of subsection 1 of section 20 of the Incomd
Tax Act (Canada) as made applicable by sec-^l
tion 14 of this Act; and |l

(3) Subsection 5 of the said section 150 is amended by striking
out "section 99" in the sixth line and inserting in Hex
thereof "section 111 of the Income Tax Act (Canada)
made apphcable by section 29 of this Act".

8. 152 (4),
amended

8. 152 (7).
amended

19.

8.153(1).
amended

20.

— (1) Subsection 4 of section 152 of the said Act is amende
by inserting after "section 154" in the first line "or byv
virtue of a decision made under section 1606".

(2) Subsection 7 of the said section 152 is amended by striking!
out "section 99" in the second line and in the twelfth!
and thirteenth lines and inserting in lieu thereof in each'
instance "section HI of the Income Tax Act (Canada),
as made applicable by section 29 of this Act". ;

Subsection 1 of section 153 of the said Act is amended by
striking out "to the extent that interest has been otherwise;
assessed under subsection 2 of section 149 except that under
no circumstances shall the credit interest so allowed exceed the
interest otherwise assessed under that section" in the ninth,
tenth, eleventh, twelfth and thirteenth lines.

8.154.
amended

Reassess-
ment,
additional
Eissessment or
deter-
mination
does not in-
validate
objection
or appeal

21.

Section 154 of the said Act, as amended by the Statutes o
Ontario, 1976, chapter 32, section 21, is further amended byj
adding thereto the following subsection:

(6) Where a corporation has served a notice of objectionl
to an assessment in accordance with this section or has.
instituted an appeal in accordance with section 155 and
thereafter the Minister issues to the corporation.

(a) a reassessment or additional assessment
interest or penalties under section 150 ; or

of tax,

Section 19. This section amends section 152 of the Act. Subsection 1
of this section amends subsection 4 of the said section 152 to include
therein a reference to the new section 1606 enacted by section 24 of the Bill
and is complementary to that amendment. Subsection 2 of this section
amends a cross-reference to subsection 7 of section 152 and is complementary
to the amendments contained in section 8 of the Bill.

Section 22. This section amends section 155 of the Act relating to
appeals to the Supreme Court.

Subsection 1 amends subsection 1 of section 155 in order to provide
that the appeals shall not be instituted in the Divisional Court. Appeals to
the Divisional Court are normally appeals from decisions of another tribunal
in which the Divisional Court considers the transcripts of evidence in the
other tribunal but does not really hold a new trial, whereas appeals to the
Supreme Court under section 155 of the Act are in fact trials of the issues
and it is more appropriate, therefore, that these appeals should be in the
High Court rather than in the Divisional Court.

Section 24. This section enacts two new sections to the Act.

This section also adds section 1606 to the Act which provides an
alternative objection and appeal procedure. This section will apply where
the assessment under The Corporations Tax Act is based on similar sections
of the Income Tax Act (Canada) and the corporation wishes to object to
both assessments and to raise the same issues in both objections. In such
cases, the corporation may object to the assessment under The Corporations
Tax Act simply by not filing the notice of objection under section 154.
This procedure will apply only with respect to those assessments under
The Corporations Tax Act that state on the face thereof that they are made
pursuant to this section. Both the corporation and the Minister will be
bound by the results of the federal objection ; and the provisions of The
Corporations Tax Act relating to objections and appeals will not be applicable.
This procedure will therefore avoid the necessity of both a federal and
provincial appeal on the same issues, which has in the past been to cor-
porations a burdensome duplication of effort.

(b) a determination of the amount of a refund or loss
under subsection 1 or la of section 150,

(c) the reassessment, additional assessment or deter-
mination does not invahdate the notice of objection
or appeal, as the case may be ; and

(d) the corporation may, if section 1606 does not apply,
file an additional objection in respect of any new
matters raised in the reassessments, additional assess-
ment or determination, as the case may be.

22. — (1) Subsection 1 of section 155 of the said Act is amended Im^ded
by adding at the end thereof "and notwithstanding section
17 of The Judicature Act the appeal shall be heard and
determined by a judge of the High Court and not by the
Divisional Court".

(2) Subsections 5 and 6 of the said section 155 are repealed, repwiie/^'

23. Subsection 1 of section 157 of the said Act is amended bv ^■^^''^^^u

J amended

strikmg out and, unless the court otherwise orders, ready for
hearing" in the sixth and seventh lines.

24. The said Act is further amended by adding thereto the follow- Inacted^^"''"
ing sections :

160a. The time within which a notice of objection under of'tf°|*°°
subsection 1 of section 154 or a notice of appeal under sub-
section 1 of section 155 is to be served may be extended by the
Minister if application for extension is made prior to the
expiration of the time for service of the notice of objection
or notice of appeal, as the case may be.

1606. — (1) Where, objection and

^ ' ' appeal

procedure

{a) a notice of assessment is issued to a corporation
under section 150 that states on the face thereof
that the assessment or a designated part thereof
has been made pursuant to this section (which
assessment or part, as the case may be, is hereinafter
referred to as the designated assessment) ;

(6) a notice of assessment has been issued to the cor-
poration under the Income Tax Act (Canada) based ^f^g-^®^^'

.•.■!

on provisions in that Act corresponding to tl
provisions in this Act on which the designate
assessment was based ;

(c) the corporation has served a notice of objection U
the assessment referred to in clause b in which thj
same issues have been raised as would have beei
raised in an objection to the designated assessmen
and

(d) the corporation has not served in accordance wit
section 154 a notice of objection to the designate
assessment,

this section applies to the designated assessment, and
any such case, sections 154 to 160 do not apply, but thoi
sections do apply to the part, if any, of the assessment
referred to in clause a that is not a designated assessment, i

an?Mini8ter ^^^ ^^^ corporation and the Minister shall, with respect to

bound a designated assessment to which this section applies, b^

bound by,

[a) the decision of the Minister of National Reveni
for Canada from which no appeal is taken in accorc
^hb'^^^^" ^'^^^ ^^th the Income Tax Act (Canada); or *

{b) where an appeal is instituted, the final disposition
of the appeal by the Tax Review Board or any
court of competent jurisdiction; or

(c) any minutes of settlement of the issues raised ill
the notice of objection to the assessment referred
to in cluase b of subsection 1 made between the
corporation and the Minister of National Revenue
for Canada at any stage of the proceedings following
the service of that notice of objection,

and in any such case the Minister shall, where necessarw
reassess the corporation in accordance therewith. d

^^^^ (3) Sections 154 to 160 do not apply to the reassessmei

referred to in subsection 2.

re-enacted ^^' Subsections 1 and 2 of section 167 of the said Act, as amended
by the Statutes of Ontario, 1973, chapter 157, section 32 and
1975, chapter 17, section 66, are repealed and the following
substituted therefor:

Section 25. This section amends section 167 of the Act relating to the
statutory Hen for taxes and other amounts owing under the Act.

Subsection 2 of section 167 is re-enacted to provide an automatic
annual updating of the December 31, 1972 date for commencement of the
lien. Previously subsection 2 of section 167 created a lien on the property
of railway companies and that provision is repealed because it became
obsolete and was redundant to subsection 1 of section 167. This section also
enacts a new subsection 2a to section 167 to preserve the lien where a
notice thereof is registered in the proper land registry office.

(1) All taxes, interest, penalties, costs and other amounts J^®^g^^.^ ^^
imposed under this or any predecessor Act in respect of any q^^|^^°^
taxation year of a corporation that commenced in any amounts

u iinT)OS6Q

calendar year ending after the 31st day of December, 1972
are debts due to Her Majesty and, subject to the Bankruptcy f-^-^-^^'^^-
Act (Canada), are a first lien and charge upon property in
Ontario of the corporation Hable to pay such taxes, interest,
penalties, costs and other amounts.

(2) At the expiry of each calendar year following 1977, ^en^'"^°^
the reference in subsection 1 to "1972" shall be advanced

by one year.

(2a) Subsections 1 and 2 do not apply to extinguish or re'^g^l^ered ^^
remove any lien or charge that is claimed under this or any ^^^^^
predecessor Act in a Notice of Lien that is registered in the
proper land registry office.

26. The said Act is further amended by striking out "fiscal year" amended
wherever it occurs and inserting in lieu thereof in each instance
"taxation year".

ti27. — (1) This Act, except clause d of subsection _7_ and subsection j_l ^°n^n°d^®'
of section 14 of the said Act, subsection 5 of section 15 of application
the said Act, subsections 4, 5 and 6 of section 16 of the
said Act, section 19 of the said Act, subsection 5 of
section 25 of the said Act, and section 31 of the said Act,
all as enacted by section 8 of this Act, subsection 1 of
section 19 and sections 20, 21, 22, 23, 24, 25 and 26, of
this Act, comes into force on the day it receives Royal
Assent and applies to corporations in respect of all
taxation years ending on or after that day.

(2) Clause d of subsection 2 o^ section 14 of the said Act i^^m
and section 19 of the said Act, both as enacted by sec-
tion 8 of this Act, shall be deemed to have come into
force on the 20th day of April, 1977 and apply to corpora-
tions in respect of all taxation years ending after the 19th
day of April, 1977.

(3) Subsection n_ of section 14 of the said Act, subsection 5 ^^^^
of section 15 of the said Act, subsections 4, 5 and 6 of
section 16 of the said Act, subsection 5 of section 25 of

the said Act and section 31 of the said Act, all as enacted
by section 8 of this Act, come into force on a day to be
named by proclamation of the Lieutenant Governor, and
when in force, apply to corporations in respect of all
taxation years ending on or after the day that The ^^'' °- ^°

Idem

Venture Investment Corporations Registration Act, J 977
comes into force. .

(4) Subsection 1 of section 19 and sections 21, 22, 23, 2^
25 and 26 come into force on the day this Act receivef
Royal Assent.

(5) Section 20 of this Act comes into force on the day thi$
Act receives Royal Assent and applies to instalments of
tax payable in respect of all taxation years ending on or
after that day.

Idem

R.S.C. 1952,
c. 148.

1972, c. 143

Short title

(6) The amendments to the Income Tax Act (Canada) made

by.

(a) an Act to amend the Income Tax Act, being chapter
106 of the Statutes of Canada, 1974-75-76; and

{b) an Act to amend the Income Tax Act, being chapter
4 of the Statutes of Canada, 1976-77,

to sections of that Act which are by this Act made
applicable for the purposes of The Corporations Tax Act,
J 97 2 shall be deemed to have come into force for the
purposes of The Corporations Tax Act, 1972 at the same
time and to apply in the same manner as those amend-
ments were brought into force and made applicable by
the said Acts to amend the Income Tax Act (Canada).

28. The short title of this Act is The Corporations Tax Amendment
Act, 1977.

•I

^ ^

rSi.

<?».

c5"

cS"

t*«-

«>

r^^

r<i

?i-

*-•.

»•

«»

w
So

>
m

CD
O
W

w
z

C-o

o
<

3
cr

►-»

t\i

*«.,«

8
ft-

C/5

ft
ft-

-4

i^-

ft)

•-I

i-i

r-t

^-^

<-►

>
0

r-t-

t— '

BILL 88

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Corporations Tax Act, 1972

The Hon. Margaret Scrivener
Minister of Revenue

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 88 1977

An Act to amend
The Corporations Tax Act, 1972

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

ollows:

1. Section 1 of The Corporations Tax Act, 1972, being chapter ^^i^^^^^^^^^
143, as amended by the Statutes of Ontario, 1973, chapter
157, section 1, 1974, chapter 75, section!, 1975, chapter 17,
section 1 and 1976, chapter 32, section 1, is repealed and the
following substituted therefor: ^

1. — (1) In this Act and in the application of the provisions ^^^®^p^®-
of the Income Tax Act (Canada) that are by this Act made r.s.c. 1952,
applicable for the purposes of this Act, °^^^

[a] each of the interpretations contained in Part XVII
of the Income Tax Act (Canada) are, except as
hereinafter provided, applicable for the purposes of
this Act;

{b) the interpretations contained in the said Part
XVII of the expressions "farming", "foreign re-
source property", "Minister", "paid-up capital",
"regulations", "taxable income", "taxable income
earned in Canada" and "tax payable" do not apply
and in lieu thereof the following interpretations
are applicable:

(i) "farming" includes tillage of the soil, live
stock raising or exhibiting, maintaining of
horses for racing, raising of poultry, fur
farming, dairy farming, fruit growing, and
the keeping of bees, but does not include an
office or employment under a person engaged
in the business of farming and, for the
purposes of subsection 2 of section 135 only,
does not include the maintaining of horses
for racing,

(ii) "foreign resource property" has the meani
given to that expression by section 15 of th»
Act,

(iii) "Minister" means, unless otherwise providej
in this Act, the Minister of Revenue,

(iv) "paid-up capital" has the meaning give

to that expression by paragraph c of sul

R.s^c.i952. section 1 of section 89 of the Income Td

Act (Canada), but such meaning does nC|
apply for the purposes of Part III of tls|
Act,

(v) "regulations" means regulations made unde
this Act,

(vi) "tax payable" by a corporation under a
part of the Act means the tax payable b|
the corporation as fixed by assessment ol
reassessment subject to variation on objectiof
or appeal, if any, in accordance with sectio;
154 to 1606, as the case may be,

(vii) "taxable income" has the meaning given fe
that expression by section 9 of this Act,

(viii) "taxable income earned in Canada" has th<
meaning given to that expression by sectioj
10 of this Act;

cc^B^i^B-4 (^) "bank" means a bank to which the Bank Ac

(Canada) or the Quebec Savings Banks Act (Canada
applies ;

(d) "family farm corporation" means a corporatioi
that is throughout the taxation year a corporation

(i) every share of the capital stock of whicl
that confers on the holder thereof the righ
to vote was owned by an individual ordinarih
resident in Canada or by any such individua
and a member or members of his famih
ordinarily resident in Canada or by anothe
family farm corporation,

(ii) 95 per cent of the assets of which were farm
ing assets, and

(hi) which carried on the business of farming
in Ontario through the employment of a
shareholder or a member of his family
actually engaged in the operation of the
farm;

(e) "farming assets" of a family farm corporation
means,

(i) cash, trade accounts receivable, supplies and
inventory of commodities or things produced,
raised or grown through farming,

(ii) land, buildings, equipment, machinery, and
live stock that are used chiefly in the
operation of the farm by the corporation,

(iii) any right or licence granted or issued under
any Act of the Legislature that permits or
regulates the production or sale of any
commodity or thing produced, raised or
grown through farming, A

(v) shares in another family farm corporation;

(/) "jurisdiction" means a province or territory of
Canada or a state outside Canada having sovereign
power ;

(g) "member of his family" means, with respect to an
individual referred to in clause d,

(i) his spouse,

(ii) his child,

(iii) his father, mother, brother or sister or any
lawful descendant of such brother or sister,

(iv) the brother or sister of his father or mother
or any lawful descendant of any such brother
or sister.

(v) the father, mother or any brother or siste
of his spouse or any lawful descendant c
any such brother or sister,

(vi) his son-in-law or daughter-in-law,

R.s^.o. 1970. (yij) a person adopted by him under The Chil

Welfare Act or the spouse or any lawfi
descendant of such person, or

(viii) his grandfather or grandmother;

[h] "permanent establishment" has the meaning give
to that expression by section 7;

(?) "timber royalty" includes any consideration for
right under or pursuant to which a right to cut (
take timber from a timber limit in Canada
obtained or derived, to the extent that such coi
sideration is dependent upon, and computed
reference to, the amount of timber cut or taken

Idem

R.s.c. 1952. (2) In the application of the sections of the Income To

Act (Canada) that by this Act are made applicable for t\
purposes of this Act,

[a) "capital cost" means the cost of property as dete
mined for the purposes of this Act;

{b) "undepreciated capital cost" means the undepr
ciated capital cost of depreciable property as dete
mined for the purposes of this Act;

(i) returns required to be filed under section 1
of that Act shall be deemed to be referenc
to the returns required to be filed und
section 145 of this Act, and

(ii) assessments to be made under section 1.
of that Act shall be deemed to be referenc
to assessments to be made under section 1
of this Act ;

[d) where a section of that Act has been made app
cable for the purposes of this Act, and reference
made in that section to another provision (herei

after in this clause referred to as the "other pro-
vision") of that Act which,

(i) does not apply for the purposes of this Act,

(ii) does not apply for the purposes of this Act
because a provision of this Act is enacted
to apply in lieu thereof, or

(iii) in respect of which the application for the
purposes of this Act differs,

the following rules apply in the appHcation of the
section for the purposes of this Act,

(v) where subclause ii applies, the reference to
the other provision shall be deemed to be a
reference to the provision of this Act that
applies in lieu thereof, and

(vi) where subclause iii applies, the reference to
the other provision shall be deemed to be a
reference to the other provision as it applies
for the purposes of this Act.

(3) Notwithstanding subsection 1 , any regulation made Application
pursuant to any provision of the Income Tax Act (Canada) regulations
that is by this Act made applicable for the purposes of r.s.c. 1952,
this Act shall apply with necessary modifications for the ^'
purposes of this Act unless otherwise provided by this Act

or by the regulations.

(4) Any election or designation by a corporation which Eiectiona
has been properly made for the purposes of the Income Tax ^f^- ^^^'^'
Act (Canada), pursuant to any provision of that Act that

is by this Act made applicable for the purposes of this Act,
shall be deemed to have been properly made for the purposes
of this Act, provided that,

(a) where an amount elected would be different from
the amount determined in accordance with this Act,
the amount determined in accordance with this Act
shall apply; and

Registered

pension

funds

R.S.C. 1952.
c. 148 applies
as amended
from time
to time

(6) the provisions in that Act imposing penalties f<
late filing of such elections are not applicable f
the purposes of this Act.

(5) Any registered pension fund or plan that has be*
accepted for registration by the Minister of National Revem
for Canada shall be deemed to have been accepted ^
registration by the Minister of Revenue.

8.2(2)(c).
re-enacted

R.S.C. 1952,
c. 148

s.2(3)(c).
re-enacted

ss. 4, 5,
repealed

8.6(1).

amended

(6) The sections of the Income Tax Act (Canada) bv th
Act made applicable for the purposes of this Act shall, unle
otherwise provided in this Act, be deemed to be applicab
as amended or re-enacted from time to time, and such ameni
ments or re-enactments shall apply for the purposes of th
Act in the same manner as they apply for the purposes i
the Income Tax Act (Canada).

2. — (1) Clause c of subsection 2 of section 2 of the said Ac
as amended by the Statutes of Ontario, 1973, chapter 4!
section 1, is repealed and the following substitute
therefor :

(c) disposed of taxable Canadian property within tl
meaning given to that expression by subsection
of section 248 of the Income Tax Act (Canada)
the reference in that definition to section 2 of thi
Act were a reference to this section ; or

{d) carried on business in Ontario,

(2) Clause c of subsection 3 of the said section 2, as amendf
by the Statutes of Ontario, 1973, chapter 42, section j
is repealed and the following substituted therefor : |

(c) disposed of taxable Canadian property within tl
meaning given to that expression by subsection|
of section 248 of the Income Tax Act (CanacB
if the reference in that definition to section 2 J
that Act were a reference to this section; or

(d) carried on business in Ontario,

3. Sections 4 and 5 of the said Act are repealed.

4. Subsection 1 of section 6 of the said Act is amended by strikifli|
out "stock, mileage" in the third line and in the fifth line.

i.S

5. Section 11 of the said Act is repealed. repealed

6. Section 12 of the said Act is repealed and the following sub-^g}2j^^jjj.g^
stituted therefor:

12. — (1) Except as hereinafter provided, section 3 of the^^j^^^
Income Tax Act (Canada) is applicable for the purposes ofRs.c. 1952,
this Act in so far as the said section applies to corporations, applicable

7. Section 13 of the said Act is repealed and the following sub-^^^^^^^^^^^
stituted therefor:

Income or

13. Except as hereinafter provided, section 4 of the ^o^s from

" ^ a source or

Income Tax Act (Canada) is applicable for the purposes of from sources
this Act in so far as the said section applies to corporations, r s c 1952

c.'l48 '

8. Part II of the said Act, exclusive of sections 8 to 13a, asPt.ii,

(ss. 14-49,

amended by the Statutes of Ontario, 1973, chapter 42, sections re-enacted), -^

3 to 9, 1973, chapter 157, sections 2 to 11, 13 to 15 and 17 to repealed)"
31, 1974, chapter 75, sections 3 to 6 and 8, 1975, chapter 17,
sections 4 to 56 and 58 to 63, 1976, chapter 32, sections 2 to
16, 1976, chapter 63, section 1, 1976, chapter 80, section 1 and
1977, chapter 16, sections 1 and 2, is repealed and the follow-
ing substituted therefor:

Subdivision A — income or loss from a business

OR PROPERTY

14. — (1) Except as hereinafter provided, the income or loss ^^p^*'^**'^"^
of a corporation for a taxation year from a business or RS-C. 1952,
property shall for the purposes of this Act be determined
in accordance with subdivisions a and b of Division B of
Part I of the Income Tax Act (Canada) and the said sub-
divisions a and b are applicable to this Act in so far as the
said subdivisions apply to corporations.

(2) In the application of section 10 of the Income 7a:^: J°^entory of
Act (Canada) for the purposes of this Act the amount deter-
mined for the purposes of the Income Tax Act (Canada) as
the value of property described in an inventory is appli-
cable for the purposes of this Act, except that,

{a) where land is included in an inventory of a cor-
poration and the corporation has, in calculating its
income for the taxation year or any previous taxation
year, deducted an amount referred to in clause c
of subsection 7 in respect of such land, the amount

Payment or
refund of a
fee under
Ontario Beef
Calf Income
Stabilization
Program to be
included in
income

Disposition of
depreciable
property :

SO deducted shall not be included in determiniiif,'
the value of the inventory for the purposes of sub-
section 1 ; and

(6) the Minister may determine the value of tlie
property described in an inventory for the purpo^^ s
of assessment under this Act if he is of the opinion
that the values have been incorrectly determined
by the corporation.

(3) In addition to any other amount required by virtue
of subsection 1 to be included in computing the income of a
corporation for a taxation year as income from a business
or property, there shall be included any amount receiv«(l
by the corporation as a stabilization payment or refund
of a fee under the Ontario Beef Calf Income Stabilization
Program.

(4) In the application of section 13 of the Income Tax
Act (Canada) for the purposes of this Act, the following
rules apply,

Undepre-
ciated
capital cost

subsections 7.1 and 10 of the said section 13 and
subparagraph vi of paragraph / of subsection 2 1 of
the said section 13 are not applicable in determining
the capital cost or the undepreciated capital cost of
depreciable property of a prescribed class for the
purposes of this Act and the regulations;

Reduction of
capital cost by
amount of
government
assistance

(b) where a corporation has received or is entitled to
receive a grant, subsidy, forgivable loan, investment
allowance or other assistance from a government,
municipality or other public authority in respect of
or for the acquisition of property, other than an
amount.

R.S.C. 1970,
c. MO

1965, c. 12
(Can.)

(ii) authorized to be paid under the Industrial
Research and Development Incentives Act
(Canada) or the Area Development Incentives
Act (Canada) and approved by the Minister,
or

(iii) deducted as an allowance under section 65

of the Income Tax Act (Canada) or section ^s^^. 1952,
19 of this Act,

the capital cost of the property to the corporation
shall be deemed to be the amount by which the
aggregate of,

(iv) the capital cost thereof to the corporation,
otherwise determined, and

(v) such part, if any, of the assistance as has
been repaid by the corporation pursuant to
an obligation to repay all or part of that
assistance,

exceeds,

(vi) the amount of assistance.

(5) In the application of section 17 of the Income T ax}^°^^\°^^^^^
Act (Canada) for the purposes of this Act, subsection 2 person
thereof does not apply in determining whether an amount
shall be included in the income of a corporation in accord-
ance with subsection 1 thereof.

(6) Where an amount in respect of, ffe^rent'and*

similar
, , , . . . , , payment

[a) a management or administration fee or charge; tonon-

resident to be
included in

[h] a rent, royalty or a similar payment; or income

(c) a right in or to the use of motion picture film
or films or video tapes for use in connection with
television that have been or are to be used or
reproduced in Canada,

is paid or payable by a corporation to a non-resident person
with whom it was not dealing at arm's length, the cor-
poration shall include 5/12ths of such amount in com-
puting its income from a business or property for the taxation
year in which the amount was subjected to tax under
paragraph a, d or e ol subsection 1 of section 212 of the
Income Tax Act (Canada) or subsection 5 of that section,
except that clause b does not apply where the non-resident
person to whom the amount is paid or payable is a corporation
liable to the taxes imposed under this Act by virtue of
clause b of subsection 2 or clause b of subsection 3 of section 2.

Deductions
allowed

R.S.C. 1952.
c. 148

Capital cost
of property

Fee under
Ontario Beef
Calf Income
Stabilization
Program

Certain
interest
and property
taxes on land

(7) Subsection 2 of section 18 of the Income Tax Ac
(Canada) and paragraphs a and v.\ of subsection 1 of sectioi
20 of that Act are not appHcable in computing the income
of a corporation for a taxation year from a business oi
property for the purposes of this Act, and in heu thereo
there may be deducted such of the following amounts ai
are applicable:

(a) such part of the capital cost to the corporation o
property, or such amount in respect of the capita
cost to the corporation of property, as is allowec
by regulation;

(b) an amount paid by the corporation in the taxatioi
year as a fee under the Ontario Beef Calf Incomi
Stabilization Program ;

{c) notwithstanding paragraph c of subsection 1 o
section 20 of the Income Tax Act (Canada) as mad
applicable to this Act but subject to subsection
of section 18 of the said Act, any amount paid o:
payable by the corporation in the year and after|
1971 as, on account or in lieu of payment of, or iif
satisfaction of, i

(i) interest on borrowed money used to acquirl
land or on an amount payable by the cor^
poration for land, or

(ii) property taxes, not including income
profits taxes or taxes computed by reference
to the transfer of property, paid or payable^
by the corporation in respect of land to <|
province or a Canadian municipality, m

(iii) included in the inventory of a business car--
ried on by the corporation,

(iv) otherwise used in, or held in the course o
carrying on a business carried on by t
corporation, or

(v) held primarily for the purpose of gaining of
producing income of the corporation from
the land for that year.

(d) such amount as is allowed to the corporation by^®^^^^®^
regulation in respect of oil or gas resources in
Canada, as defined by regulation.

(8) In the application of paragraph n of subsection 1 of Deductions
section 20 of the Income Tax Act (Canada) for the purposes of rsc 1952
this Act, ^'"8"

(a) notwithstanding subsection 8 of section 20 of the NOj.J|J^ction
Income Tax Act (Canada), the said paragraph n does property in
not apply to allow a deduction in computing thecircum-
income of a corporation for a taxation year from a
business in respect of a property sold in the course

of the business if the corporation at the end of the
taxation year or at any time in the immediately
following taxation year,

(i) was exempt from tax under any provision
of this Part, or

(ii) ceased to have a permanent establishment in
Canada; and

(b) the said paragraph n does not apply to allow a ?^°j.^|^^^**°°
deduction in computing the income of a corporation of sale of

r ^ ^- £ X. ■ u i.u property If

for a taxation year from a business where the security
corporation has, in the taxation year sold, pledged, ^^°^^
assigned or in any way disposed of any security
received by it as payment in whole or in part for the
sale of property in respect of which the corporation
has, in that or a previous taxation year, been
allowed a deduction under that paragraph for the
purposes of this Act.

(9) In the application of paragraph s of subsection 1 of^^^f^P'"®"
section 20 of the Income Tax Act (Canada) for the purposes

of this Act, the reference therein to "Minister" shall be
deemed to be a reference to the Minister of National Revenue
for Canada.

(10) Section 27 of the Income Tax Act (Canada) is not c^r^n^^i^ns
applicable for the purposes of this Act and in lieu thereof

the following provisions shall apply :

Prescription

Transfers of
land for
disposition

Loss on
disposition
of snares
of a

Venture
Investment
Corporation
\m,c. 10

Application

R.S.C. 1952,
0.148

Idem

Adjustments
to cost base

(11) Where in a taxation year a corporation has incurred
a loss, other than a capital loss, from the disposition of
property that is shares of the capital stock of a corporation
registered under The Venture Investment Corporations Re-
gistration Act, 1977, such loss shall not be allowed in comput-
ing the income or loss of the corporation from a business or
property for the taxation year.

Subdivision B — taxable capital gains and

allowable capital losses |

(2) Paragraph c of subsection 1 of section 48 of the Income
Tax Act (Canada) is not applicable for the purposes of this
Act.

(4) In computing the adjusted cost base to a corporation
of property in accordance with the provisions made appli-
cable by subsection 1, the following rules apply for the pur-
poses of this Act,

{a) where the property is a foreign resource property,
there shall be added to the cost of the property
to the corporation that part of the foreign explora-
tion and development expenses incurred by the
corporation after 1971 with respect to the property
that is not allowed as a deduction from income for
purposes of this Act;

{b) clause B of subparagraph ii of paragraph c of sub-
section 2 of section 53 of the Income Tax ^4 c^ i^sc. 1952,

c. 148

(Canada) shall apply as if the words "foreign ex-
ploration and development expenses" were deleted;

(i) as if the words "deduction from tax" were
deleted, and

(ii) as if the reference in clause B thereof to
section 65 were a reference to the said section
65 and to section 19 of this Act;

{d) where the property is a foreign resource property,
there shall be deducted in respect of such property
any amount that has become receivable by the
corporation at a particular time in a taxation year
as the result of a transaction that occurred after
the 6th day of May, 1974, in which the consideration
given by the corporation for the amount was
property or services the original cost of which may
reasonably be regarded as having been foreign
exploration and development expenses.

(5) Notwithstanding the rules contained in subsection 1 of Capital loss

• tn r ^ T t^ j /^ i- 00 disposition

section 40 of the Income Tax Act (Canada) as made appli- ofsharesofa

Ventur©

cable by subsection 1 of this section, a corporation's capital investment
loss from the disposition of property that is shares in the *^o''P°r*'^°°
capital stock of a corporation registered under The Venture ^^'^'^' ^- ^^
Investment Corporations Registration Act, 1977, is the amount *
by which,

(a) the capital loss in respect of such disposition,
otherwise determined,

exceeds,

(b) the amount in respect of such shares that wa
deducted under section 31 minus the amount in-i
eluded in income under subsection 4 of section 16.

utfoS""*" (6) In this Subdivision,

(a) "foreign exploration and development expenses'
incurred by a corporation means,

(i) any drilling or exploration expense, including
any general geological or geophysical expense^
incurred by it on or in respect of exploring or
drilling for petroleum or natural gas outside
Canada,

(ii) any prospecting, exploration or development
expense incurred by it in searching for
minerals outside Canada,

(iii) any annual payment made by the corporation
for the preservation of a foreign resource
property, and

R.S.C. 1952. Income Tax Act (Canada) if that paragraph were

read as if the references therein to "in Canada"
were references to "outside Canada" and were read
without reference to the words "after 1971".

Subdivision C^ — other sources of income

R.s^c.i952. 16 — (1) Except as hereinafter provided, subdivision d of

rSficabiy"*^ Division B of Part I of the Income Tax Act (Canada) is

applicable for the purposes of this Act in so far as the said

subdivision applies to corporations.

(2) In the application of subsection 1 of section 56 of the interpre-
Income Tax Act (Canada) for the purposes of this Act, the r.s.c. 1952,
reference in subparagraph i of paragraph / thereof to "this °"^
Act" shall be deemed to be a reference to both the Income

Tax Act (Canada) and this Act.

(3) Section 59 of the Income Tax Act (Canada) is not Disposition
applicable for the purposes of this Act, and in lieu thereof property
the following provisions apply,

ia) where a corporation disposes of. Amount

^ ' ^ r > receivable as

consideration
r\ r^ ^^ . for disposition

(1) a Canadian resource property, or of resource

property

(A) before 1972 in the case of,

1 . a corporation that is a principal-
business corporation within the
meaning given to that expres-
sion by subsection 14 of section
20 or that was, at the time it
acquired the property, such a
principal-business corporation,
or

2. an association, partnership or
syndicate described in sub-
section 4 of section 83A of the
Income Tax Act (Canada) as it
read in its application to the
1971 taxation year, and

(B) after April 10, 1962 and before 1972,
in any other case,

under an agreement or other contract or
arrangement described therein,

the corporation's proceeds of disposition therefrom
shall be included in computing the corporation's
income for the taxation year, to the extent that
the proceeds become receivable in that year;

(b) there shall be included in computing a corporation's ^'2°"/*^
income for a taxation year any amount in respect under s.ia

, •' -' "^ in preceding

01, year

Disposition of
resource
property
acquired
before 1972

R.S.C. 1952.
0.148

(i) a Canadian resource property, or

(ii) any property referred to in subclause ii of
clause a or in clause c,

that has been deducted under section 18 in comput-
ing the corporation's income for the immediately
preceding taxation year;

(ii) where the corporation and the person who
acquired the property were not dealing with
each other at arm's length, for the purposes
of this subsection and section 20,

Interpre-
tation

{d) in this subsection.

(i) "relevant percentage" has the meaning given
to that expression by subsection 4 of section
59 of the Income Tax Act (Canada),

(ii) "disposition" and "proceeds of disposition"
have the meaning given to those expressions
by section 54 of the Income Tax Act (Canada), ff^f- ^^^^•

(4) In addition to any other amount that is required to q/ |gare^g°°
be included in computing the income of a corporation for a of a venture

IllV6Stiin6Iltj

(a) where, in a taxation year, shares of the capital

stock of a corporation that is registered under The i^'^'^- ^ ^°
Venture Investment Corporations Registration Act,
1977 have been disposed of by the corporation, an
amount equal to the aggregate of,

(i) 250 per cent of the lesser of,

(A) the cost to the corporation of the said
shares disposed of, and

(B) the proceeds of disposition of such
shares, and

(ii) that proportion of the amount determined
under subclause i that,

is of,

(B) the amount by which the taxable in-
come of the corporation for the year,
determined without reference to this
section, exceeds the amount determined
under sub-subclause A ; and

{b) where at a particular time in the taxation year
the registration of a corporation that is registered
under The Venture Investment Corporations Registra-
tion Act, 1977 (hereinafter in this subsection referred
to as the V.I.C.) has been revoked pursuant to
section 6 of that Act and at the particular time

the corporation owned shares of the capital stock
of the V.l.C, an amount equal to the aggregate of,

(i) 250 per cent of the cost to the corporation
of the said shares, and

(ii) that proportion of the amount determined
under subclause i that,

is of,

(B) the amount by which the taxable
income of the corporation for the year,
determined without reference to this
section, exceeds the amount deter-
mined under sub-subclause A.

Idem

1977. c. 10

Idem

{a) the amount of the corporation's taxable income for
the year shall be determined as if it has no income
other than the amount determined under clause
a or 6 of subsection 4, as the case may be;

(c) for the purposes of section 34, no portion of the
corporation's taxable income as determined under
clauses a and b shall be deemed to have been earned
in jurisdictions other than Ontario.

Subdivision D — deductions in
computing income

17. — (1) Except as hereinafter provided, section 60 of the A^piicatic
Income Tax Act (Canada), is applicable for the purposes of ^fvP^^I/?
this Act in so far as the said section applies to corporations.

(2) In the application of subparagraph i of paragraph o t^tf^^^
of the said section 60 for the purposes of this Act, the
reference therein to "this Act" shall be deemed to be a
reference to both the Income Tax Act (Canada) and this ^-f^^- 1^^^,
Act.

(3) In addition to the deductions permitted by virtue of ^axe8°^**^^°°
subsection 1, there may be deducted in computing the income deductible
of a corporation for a taxation year all corporation taxes
payable in the taxation year by the corporation.

(4) In this section, tetfoS'"®"

(6) "corporation tax" means a tax imposed by the
Legislature of a province or by a municipality in the
province that is declared by the regulations to be a
tax on corporations, but does not include,

(i) a corporation income tax, or

(ii) any other tax declared by the regulations not
to be a corporation tax.

Reserve In
respect of

18. — (1) In computing a corporation's income for a taxa- for^SsJosition
tion year, in this subsection referred to as the "current year", °ro**rtym)t

where, Sue until

subsequent
year

R.S.C. 1952,
c. 148

Application of
subs. 1

Application
ofsection

Allowance for
oil or gas well,
mine or
timber limit

{a) by virtue of clause a or c of subsection 3 of section
16, subsection 11 of section 20, or clause a of sub-
section 12 of section 20, an amount has been included
in computing the corporation's income for the current
year or a previous taxation year; or

(a) ceases to be a resident of Canada;

{b) becomes exempt from tax under any provision of
this Part; or

(3) For the purpose of clause d of subsection 2 of section 1,
this section applies in lieu of section 64 of the Income Tax
Act (Canada).

19. — (1) There may be deducted in computing a corpora-
tion's income for a taxation year such amount as an allowance,
if any, in respect of, ^

(a) an oil or gas well, mineral resource or timber limit;
or

(6) the processing, to the prime metal stage or its
equivalent, of ore from a mineral resource,

as is allowed by regulation.

(2) For greater certainty it is hereby declared that, in the Regulations
case of a regulation made under subsection 1,

(a) there may be prescribed by such regulation an
amount in respect of any or all,

(i) oil or gas wells or mineral resources in which
the corporation has an interest, or

(ii) processing operations described in clause b
of subsection 1 that are carried on by the
corporation; and

(b) notwithstanding any other provision contained in
this Act, the Lieutenant Governor in Council may
prescribe the formula by which the amount that
may be allowed to the corporation by such regu-
lation shall be determined.

(3) Where a deduction is allowed under subsection 1 in Lessee's

^ ' share of

(4) For the purpose of clause d of subsection 2 of section 1 , Application
this section applies in lieu of section 65 of the Income Tax Rsc. 1952,
Act (Canada).

20. — (1) A principal-business corporation may deduct, in anc?deveVo°-
computing its income for a taxation year, the lesser of, ment expenses

business

(a) the aggregate of such of its Canadian exploration ''°'"p°^*
and development expenses as were incurred by it
before the end of the taxation year, to the extent
that they were not deductible in computing income
for a previous taxation year; and

(6) of that aggregate, an amount equal to its income
for the taxation year if no deduction were allowed
under this section or section 19, minus the deduc-
tions allowed for the taxation year by subsection 5
and by sections 112 and 113 of the Income Tax Act
(Canada) as made applicable by section 29 of this
Act.

Expenses of (2) A Corporation other than a principal-business corpora-

corporations tion may deduct, in computing its income for a taxation

year, the lesser of,

(a) the aggregate of such of its Canadian exploration
and development expenses as were incurred by it
before the end of the taxation year to the extent
they were not deductible in computing its income
for a previous taxation year; and

(b) of that aggregate, the amount, if any, by which
the greater of,

(i) such amount as the corporation may claim, _
not exceeding 20 per cent of the aggregate I
determined under clause a, and

(ii) the aggregate of,

(B) its income for the taxation year from
royalties in respect of an oil or gas
well in Canada or a mine in Canada,
and

1. the amount included in com-
puting its income for the taxa-
tion year by virtue of subsection
3 of section 16 in respect of the
disposition of the property.

exceeds,

the amount deducted under sec-
tion 1 8 in respect of the property
in computing its income for the
taxation year, 1

if no deductions were allowed under
section 19,

exceeds,

(iii) the amount of any deduction allowed by the
Corporations Tax Application Rules, 1972 in
respect of this subclause in computing its
income for the taxation year.

(3) A corporation other than a principal-business corpora- e^pkfration
tion may deduct, in computing its income for a taxation ^^^ ,

•^ r o development

year, the lesser of, expenses:

•' corporation

other than
a prlnclpal-

{b) that portion of the amount determined under clause a
equal to the amount of its income for the taxation
year if no deductions were allowed under this section,
minus,

(i) that portion of the deduction allowed for the
taxation year under subsection 2 which is
reasonably attributable to Ontario explora-
tion and development expenses, and

the deduction allowed for the taxation year

under sections 112 and 113 of the Income Tax Rsc. 1952.

c. 148

Act (Canada) as made applicable by section 29
of this Act.

Canadian

exploration

and

development

expenses

deductible

by successor

corporation

and second

successor

corporation

R.S.C. 1952,
c. 148

Joint

exploration
corporation :
renunciation
of its

exploration
and develop-
ment exi>enses
in favour
of shareholder
corporation

Control
change

Computation
of explora-
tion and
development
expenses

(5) There may be deducted in computing the income for
taxation year of a corporation that is a successor corporati(
or a second successor corporation, as the case may be, with
the meaning of subsection 6 or 7 of section 66 of the Incor
Tax Act (Canada), the amount, if any, that would be deduc
ible by it under either of those subsections on the basis th
the reference in paragraph h of each of the said subsectior

(a) to "this section" is deemed to be a reference to th
section of this Act;

[h) to section 65 is deemed to be a reference to section
of this Act;

{d) to the Income Tax Application Rules, 1971,
deemed to be a reference to the Corporations Ti
Application Rules, 1972.

(6) The portion, if any, of its Canadian exploration ai
development expenses that a joint exploration corporati(
may renounce in favour of a shareholder corporation sh;
be determined in accordance with the rules provided in su
section 10 of section 66 of the Income Tax Act (Canad
and paragraphs a and b of the said subsection are applicab
except that for the purposes of this subsection,

(a) the references in the said subsection to subsectiD
1 and 3 of that section shall be deemed to i;
references to subsections 1 and 2 of this section; aii

(6) the references in paragraph b of the said subserti(
to paragraph a of subsection 1 of that section sh;
be deemed to be a reference to clause a of subsci-
tion 1 of this section.

(7) Subsection 11 of section 66 of the Income Tax
(Canada) is applicable for the purposes of this section, ex* <
that, in its apphcation for the purposes of this section, t
said subsection shall be read without the reference then i
to "cumulative Canadian exploration expense, cumulati ■
Canadian development expense and foreign exploration ail
development expenses".

(8) In computing the Canadian exploration and develo
ment expenses and Ontario exploration and developme:
expenses of a corporation,

(a) there shall be deducted the aggregate of all amount
paid to it after 1971 and before the 25th day of Ma,
1976.

(i) under the Northern Mineral Exploration A ssist-
ance Regulations (Canada) made under an
Appropriation Act (Canada) that provides for
payments in respect of the Northern Mineral
Grants Program,

(iii) under the Mineral Exploration Assistance Pro-
gram (Ontario),

(9) Except as otherwise provided in this section, where a Limitations
corporation has incurred an outlay or expense in respect of

(10) Notwithstanding subsection 9, a corporation that is i*^*""
entitled to a deduction under both subsections 2 and 3 may,

in addition to the deduction under subsection 2, deduct
such additional amount as it may claim in respect of Ontario
exploration and development expenses under subsection 3.

(11) Except as expressly otherwise provided in this Act, of Canadian"
where, as a result of a transaction occurring after the 6th exploration

-111. and devel op-

day of May, 1974, an amount has become receivable by a ment expenses

corporation at a particular time in a taxation year and the

consideration given by the corporation therefor was property

(other than a property referred to in subsection 3 of section

Unitized oil
or gas field
in Canada

Amount
deemed
deductible
under this
Subdivision

Interpre-
tation
R.S.C. 1952.
c. 148

16 or a share or interest therein or a right thereto)
services, the original cost of which to the corporation ma
reasonably be regarded as having been primarily Canadia
exploration and development expenses of the corporatio
or would have been so regarded if they have been incurre
by the corporation after 1971, there shall be included in it
income for that taxation year the amount that became recei\
able by it at that time.

(12) Where, pursuant to an agreement between a corpora
tion and another person to unitize an oil or gas field i
Canada, an amount has become receivable by the corporj
tion at a particular time after the 6th day of May, 197
from that other person in respect of Canadian exploratio
and development expenses incurred by the corporation, c
expenses that would have been Canadian exploration an
development expenses if they had been incurred by it aft(
1971, in respect of that field or any part thereof, the followin
rules apply,

(a) there shall, at that time, be included in computin
the corporation's income for the taxation year th
amount that became receivable by it ; and

(b) there shall, at that time, be included by the oth
person, where that person is a corporation, in it
drilling or exploration expense the amount th£
became payable by that person.

(13) For the purposes of section 12, any amount deductibl
under the Corporations Tax Application Rules, 1972 in respec
of this subsection shall be deemed to be deductible undc
this Subdivision.

(14) In this section and in the provisions of the Incotr,
Tax Act (Canada) made applicable for the purposes of th
section,

(a) "agreed portion" has the meaning given to ths
expression by paragraph a of subsection 15 of sectio
66 of the Income Tax Act (Canada);

(6) "Canadian exploration and development expenses
incurred by a corporation means,

(i) any drilling or exploration expense, includin
any general geological or geophysical expens
incurred by the corporation after 1971 on c
in respect of exploring or drilling for petn
leum or natural gas in Canada,

(ii) any prospecting, exploration or development
expense incurred by it after 1971 in searching
for minerals in Canada,

(iii) notwithstanding paragraph m of subsection 1

of section 18 of the Income Tax Act (Canada), ^^48^'^^^^'

as that section applies to this Act by virtue

of section 14 of this Act, the cost to the

corporation of a Canadian resource property,

but for greater certainty not including any

payment made to any of the persons referred

to in any of the subparagraphs i to iii of the

said paragraph m for the preservation of a

person's rights in respect of a Canadian

resource property or a property that would

have been a Canadian resource property if it

had been acquired by the corporation after

1971, and not including a payment to which

the said paragraph m applied by virtue of

subparagraph v thereof,

but for greater certainty, does not include,

(vi) any consideration given by the corporation
for any share or any interest therein or right
thereto, except as provided by subclause v,
or

(vii) any expense described m subclause v incurred
by another person to the extent that the
expense was, by virtue of subclause v, a
Canadian exploration and development
expense of that other person,

but no amount of assistance or benefit that a cor-
poration has received or is entitled to receive after
the 25th day of May, 1976 from a government,
municipahty or other pubHc authority in respect of
or related to its Canadian exploration and develop-
ment expenses, whether as a grant, subsidy, forgiv-
able loan, deduction from royalty or tax, investment
allowance or any other form of assistance or benefit,
shall reduce the amount of any of the expenses
described in any of subclauses i to v;

respect of exploring or drilling for petroleum or

natural gas has the meaning given to that expression

by paragraph d of subsection 15 of section 66 of

^Me''^^*^' t^^ Income Tax Ad (Canada);

{d) "joint exploration corporation" has the meaning
given to that expression by paragraph g of sub-
section 15 of section 66 of the Income Tax Act
(Canada) ;

(i) "in Canada" were references to "in Ontario"

(ii) "after 1971" were references to "after the
9th day of April, 1974", and

(iii) "Canadian" were references to "Ontario";

(/) "Ontario resource property" of a corporation means
any property that would be a Canadian resource
property of the corporation within the meaning o\
paragraph c of subsection 15 of section 66 of the
Income Tax Act (Canada) if that paragraph were
read as if the references therein to,

(i) "in Canada" were references to "in Ontario"
and

(ii) "after 1971" were references to "after the
9th day of April, 1974";

{g) "principal-business corporation" has the meaning
given to that expression by paragraph h of sub-
section 15 of section 66 of the Income Tax /I d ^^ s^c. 1952,
(Canada) ;

(h) "shareholder corporation" of a joint exploration cor-
poration has the meaning given to that expression
by paragraph i of subsection 15 of section 66 of the
Income Tax Act (Canada), except that subparagraph
ii thereof shall, in its application for the purposes
of this section, be read without the reference therein
to "a Canadian exploration expense or a Canadian
development expense".

(15) For the purposes of clause d of subsection 2 of section ''^pp^^''**^°°
1, this section apphes in lieu of sections 66, 66.1 and 66.2 of
the Income Tax Act (Canada).

21. Section 66.3 of the Income Tax Act (Canada) is appli- ^^^J^g "A

cable for the purposes of this Act in so far as that section inventory
applies to corporations.

Subdivision E — rules relating to computation
of income

22. — (1) The rules provided in subdivision f of Division B^p^^ 1^52,
of Part I of the Income Tax Act (Canada), relating to the Paru (B) (f),
computation of income are, in so far as the said rules apply
to corporations, applicable in computing income for the
purposes of this Act.

(2) In computing income, no deduction shall be made in J^mitaUon
respect of an outlay or expense in respect of which any ^ expenses
amount is otherwise deductible under this Act, except to the
extent that the outlay or expense was reasonable in the
circumstances.

23. — (1) Section 245 of the Income Tax Act (Canada) is transactions
applicable in computing income for the purposes of this Act,
except that,

(a) paragraph b of subsection 2 thereof is not applicable ;
and

(b) the reference therein to Part I of that Act shall be
deemed to be reference to Part II of this Act.

Dividend
stripping

R.S.C. 1952.
c. 148

Amounts not
included in
income:

federal
grants
1965, c. 12
(Can.)
R.S.C. 1970.
cc. I-IO. R-3
1970-71-72.
c. 56 (Can.)

other
amounts

Subdivision F — amounts not included
IN computing income

24. There shall not be included in computing the income
of a corporation for a taxation year,

(b) an amount determined in accordance with the rules
provided in paragraphs b, c, I and m of subsection 1
of section 81 of the Income Tax Act (Canada).

Subdivision G — corporations resident in canada
and their shareholders

R.S.C. 1952.
c. 148.

Part I (B) (h),
applicable

Amalga-
mations
consideration
for resource

Sroperty
isposition

25. — (1) Except as hereinafter provided, the rules provided
in subdivision h of Division B of Part I of the Income Tax
Act (Canada) are applicable for the purposes of this Act.

(2) In lieu of the rule provided in paragraph p of sub-
section 2 of section 87 of the Income Tax Act (Canada) with
respect to amalgamations, the following rule is appUcable for
the purposes of this Act:

For the purpose of computing a deduction from the
income of the new corporation for a taxation year
under section 18, any amount that has been included
in computing the income of a predecessor corpora-
tion for its last taxation year or a previous taxation
year by virtue of clause a or c of subsection 3 of
section 16, or subsection 11 or 12 of section 20, or
by virtue of subsection 15 or 16 of section 58 of
The Corporations Tax Act as it read in its application
to the taxation years prior to 1972, shall be deemed
to have been includeci in computing the income of
the new corporation for a previous taxation year by
virtue thereof.

(3) Paragraph z of subsection 2 of the said section 87 is ^f^- ^^^^'
not appUcable for the purposes of this Act. s. 87 ("2) (z),

^^ ^ ^ not applicable

(4) Paragraph e.2 of subsection 1 of section 88 of the ^f^^- 1^^^,
Income Tax Act (Canada) shall, in its application for the s. 88 (i) (e. 2),

f 1 • * 1 1-1 r 1 • applicable

purposes of this Act, be read without reference therein to
paragraph z of subsection 2 of section 87 of the said Act,
and as though the reference therein to paragraph p of the
said subsection 2 were a reference to subsection 2 of this
section.

(5) For the purposes of subsection 4 of section 16 and Tfj^gsfer of
section 31, where a corporation (hereinafter in this section shares on
referred to as the "vendor") has transferred shares of the mation
capital stock of a corporation registered under The Venture 197^^° ^^e-'^'o
Investment Corporations Registration Act, 1977 to another
corporation (hereinafter in this section referred to as the
"purchaser") pursuant to an amalgamation within the mean-
ing of section 87 of the Income Tax Act (Canada) or the
winding-up of a Canadian corporation within the meaning of

section 88 of that Act, or the vendor and the purchaser have
jointly elected under section 85 of that Act in respect of
those shares, the following rules apply,

[a] the vendor shall be deemed to have disposed of the
shares for proceeds of disposition equal to the cost
to it of the shares ; and

[h] the purchaser shall be deemed to have acquired the
shares at a cost equal to the amount determined
under clause a.

(6) In the application of the said subdivision h for the "Minister"

, , . *^r , /• • • o J ^ deemed to

purposes of this Act, the references in section 84.2, paragraphs be Minister
g and k of subsection 1 of section 89 and subsection 3 of Revenue
section 89 of the Income Tax Act (Canada), to "Minister"
shall be deemed to be references to the Minister of National
Revenue for Canada.

Subdivision H — shareholders of corporations
not resident in canada

26. — (1) The provisions of subdivision i of Division B of ^•f^^^®^^,

~ ~ Parti(B)(l

applicable

Part I of the Income Tax Act (Canada) are applicable inP"U(B)(i),

computing the income of a corporation for a taxation year
for the purposes of this Act.

(2) In the application of the said subdivision i for the i^em
purposes of this Act, the references therein to "Minister"
shall be deemed to be references to the Minister of National
Revenue for Canada.

R.S.C. 1952.
c. 148.

PartKBXj).
applicable

Exception

Members of

Sartnerships
eemed to
have

permanent
establishment
in Ontario

Subdivision I — partnerships and their members

27. — (1) Except as hereinafter provided, the rules provided
in subdivision j of Division B of Part I of the Income Tax
Act (Canada) with respect to partnerships and their members,
are appUcable for the purposes of this Act in so far as the
said rules apply to corporations.

(2) Subsection 1.6 of section 96 of the Income Tax Act
(Canada) is not applicable for the purposes of this Act.

R.S.C. 1952,
c. 148,

PartI(B)(k),
applicable

Idem

Subdivision J — beneficiaries of trusts

(2) In the application of the said subdivision for the pur-
poses of this Act,

(a) clause d of subsection 2 of section 1 of this Act does
not apply; and

(b) the references therein to "Minister" shall be deemed
to be references to the Minister of National Revenue
for Canada.

Division C — computation of taxable income

R.S.C. 1952.
c. 148,
Part I (C),
applicable

(2) In the application of paragraphs a, b and 6.1 of sub-f^^fjJP^^Q^Qf
section 1 of section 110 of the Income Tax Act (Canada) for r.s.c. 1952,
the purposes of this Act, the reference therein to "receipts" gJio'd)
shall be deemed to mean receipts or photostatic reproductions
thereof.

(4) In the application, for the purposes of this Act, of appffcation of
subsection 3 of section 111 of the Income Tax Act (Canada), ^i48'^^^^-
paragraph a thereof shall be read as if subparagraph ii thereof s.iiio)
were deleted.

30. — (1) In computing a corporation's taxable income for contributions
a taxation year, there may be deducted the aggregate of
amounts (the aggregate of which amounts is hereafter in this
subsection referred to as "the amount contributed") that
are contributions for the purposes of The Election Finances i975,c.i2
Reform Act, 1975 and that are contributed in the taxation
year, and in any previous taxation year ending after "the
12th day of February, 1975 to the extent that such contribu-
tions have not already been deducted, by the corporation to
registered candidates at an election of a member or members
to serve in the Assembly, to registered constituency associa-
tions or to registered parties, provided that,

(a) subject to subsection 3, such deduction shall not
exceed the least of,

(i) the amount contributed,

(ii) its taxable income computed without refer-
ence to this section, and

(iii) $4,000; and

34 f

interpre- (2) In this scction,

tation

1975. c. 12

(a) "recorded agent" means a person on record with
the Commission on Election Contributions and
Expenses as being authorized to accept contribu-
tions on behalf of a political party, constituency
association or candidate registered under The Election
Finances Reform Act, 1975;

(c) "registered constituency association" means a regis-
tered constituency association within the meaning
given to that expression by The Election Finances
Reform Act, 1975;

(d) "registered party" means a registered party within
the meaning given to that expression by The Election
Finances Reform Act, 1975.

towhich"°°^ (3) In respect of a corporation to which section 34 is

8- 34 is applicable, the amount deductible under clause a of subsec-

applicable i- i ..u ^ x

tion 1 IS the aggregate of,

{a) the amount which would otherwise be deducted
under clause a of subsection 1 ; and

(6) that proportion of the amount determined under
clause a that,

(i) the taxable income of the corporation that is
earned in jurisdictions other than Ontario
(as computed for the purposes of section 34
and without reference to this section and
section 31),

is to,

(ii) the amount by which the taxable income of
the corporation exceeds the amount referred
to in subclause i.

31.^ — (1) In computing the taxable income of a corporation of^^a^e®
for a taxation year there may be deducted the lesser of, inX^s^ment

Corporation

(a) the aggregate of,

(i) the corporation's "eligible expenditure" for
the year determined under subsection 2, and

(ii) that proportion of the amount referred to in
subclause i that,

is of,

(B) the amount by which the corporation's
taxable income for the year, deter-
mined without reference to this section,
exceeds the amount determined under
sub-subclause A; and

{b) the taxable income of the corporation for the year
determined without reference to this section and
section 30.

(2) In this section, a corporation's "eligible expenditure" ^atfon^*
for a taxation year means the aggregate of,

(a) the amount of the corporation's "undeducted eligible
expenditure" determined under subsection 3 for the
immediately preceding taxation year; and

(b) an amount equal to 250 per cent of the cost incurred
in the year for the acquisition of shares of the capital
stock of a corporation that is registered under The i^'''- ^- ^^
Venture Investment Corporations Registration Act,

1977.

(3) For the purposes of subsection 2, a corporation's "uri^ tatfon'^^
deducted eligible exp>enditures" means the amount by which,

(a) its "eligible expenditure" for a taxation year deter-
mined under subsection 2,

exceeds,

Non-
residents'
taxable
income
earned in
Canada

(b) the amount deducted for that year under subsec-
tion 1 minus the proportion thereof that,

(i) the taxable income of the corporation for the
year that would be deemed to have been
earned in all jurisdictions other than Ontario
for the purposes of section 34,

is of,

(ii) the taxable income of the corporation for th(
year.

Division D — ^taxable income earned in Canada

BY non-residents

(a) there shall be included income from property that
is real property situated in Canada or any interest
therein, that arose from the sale or rental thereof or
both; and

(b) the amount of the income included in accordance
with the said rules and clause a shall be determined
in accordance with this Act.

Rate

Deduction
from income
tax

Foreign tax
deduction

Division E — Computation of income tax payable

34. There may be deducted from the tax otherwise payable'
under this Part for a taxation year by a corporation an
amount equal to 12 per cent of that portion of its taxable
income or taxable income earned in Canada, as the case
may be, which is earned in the taxation year in each juris-
diction other than Ontario, determined under rules prescribed
by the regulations.

35. — (1) Where a corporation has a permanent establish-
ment in Ontario, and.

(a) the corporation has included in computing its
income for the taxation year,

(i) income that was derived from sources within
a jurisdiction outside Canada in the form of
dividends, interest, rents or royalties received
in the year,

\ " c. 148

(iii) the amount by which,

exceeds,

hereinafter in this section referred to as "foreign
investment income"; or

and where,

tion 34 such foreign investment income has been
excluded from the calculation of gross revenue or]
any part thereof; and

R.S.C. 1952,
C.148

(d) the corporation is entitled to a deduction under
section 126 of the Income Tax Act (Canada), herein-
after in this section referred to as "foreign tax
credit", with respect to any income or profits tax
paid to such jurisdiction on such foreign investment
income or on such foreign investment income and^
foreign business income or is deemed to have been
paid as income or profits tax to such jurisdiction by
virtue of subsection 5 of section 148 of the Income
Tax Act (Canada),

the corporation may deduct from the tax otherwise payable
under this Part for the taxation year an amount equal
to the lesser of,

Idem

{e) 12 per cent of that part of such foreign investment
income that is income that is included in that
portion of taxable income that remains after deduct-
ing from such taxable income the portions thereof
deemed to have been earned in jurisdictions other
than Ontario for the purpose of section 34 ; and

(/) the deficiency, if any, between,

(i) the income or profits tax paid for the taxation
year by the corporation to the jurisdiction
outside Canada in respect of the foreign invest-
ment income referred to in clause e, and

(ii) the foreign tax credit allowed for the taxation
year in respect of such foreign investment
income under subsection 1 of section 126 of the
Income Tax Act (Canada).

Small

business

incentives

(2) For the purposes of subsection 1, the amount deter- ^'^®'"
mined under this subsection is that proportion of the least

of the amounts determined under paragraphs a, h, c and d of
subsection 1 of section 125 of the Income Tax Act (Canada) ^f^^- 1952.
for the taxation year, not exceeding $150,000, that,

[a) the amount of that portion of its taxable income for
the taxation year that is deemed to have been
earned in Ontario, measured in accordance with
paragraph a of subsection 4 of section 124 of the
Income Tax Act (Canada),

bears to,

{h) the total amount of the portions of its taxable
income for the taxation year that are deemed to
have been earned in the provinces of /Canada,
measured in accordance with paragraph a of sub-
section 4 of section 124 of the Income Tax Act
(Canada). ^

(3) In Heu of the deduction permitted under subsection 1 , Transitional

^ ^ rule; alter-

(4) Where a corporation has made a deduction under ^^[j*°^*^*°°*^
subsection 1 for the taxation year that ends after the 6th additional
day of April, 1976, and that includes that day, in addition

to the amount deducted under subsection 1 there may be
deducted from the tax otherwise payable under this Part
for that taxation year the lesser of,

(a) 3 per cent of the amount determined under sub-
section 2 for that taxation year; and

(6) the amount that would have been deductible under
subsection 3 of section 106a as that section stood
on the 6th day of April, 1976 had that section
applied to that taxation year.

(5) In this section, "tax otherwise payable under this ["^fon'^*'
Part" means the tax for the taxation year otherwise payable

by the corporation under this Part after making any deduction
applicable under sections 34 and 35, but before making any
deduction under this section.

Tax on tax 37. Where, under a contract, will or trust, made or created

?f« ^^^^' under Part I of the Income Tax Act (Canada) and Part II

of this Act by reason of the payment,

(i) the amount by which its tax under Part II
of this Act would be increased by including in
computing its income,

(A) the payment, and

(B) the amount by which its tax under
Part I of the Income Tax Act (Canada)
would be increased by including the
payment in computing its income, and

Division F — special rules applicable in

CERTAIN circumstances

Where 3g Where a corporation has become bankrupt, as defined

corporation " ^

bankrupt in subsection 3 of section 128 of the Income Tax Act (Canada),

the rules provided in the said section 128 are applicable for the
purposes of this Act.

Investment Corporations

39. — (1) Where a corporation is, throughout a taxation ^jPgP^^^^^"°°
year, an investment corporation, other than a mutual fund
corporation, subsections 1, 2 and 3 of section 131 of the
Income Tax Act (Canada) as made apphcable by section 41 ^■f48'^^^^-
of this Act are applicable in respect of the corporation for the
taxation year as if,

(a) the corporation had been a mutual fund corporation
throughout that and all previous taxation years
ending after 1971 throughout which it was an
investment corporation ; and

(b) its capital gains redemption for that and all
previous taxation years ending after 1971, through-
out which it would, but for the assumption made by
clause a, not have been a mutual fund corporation,
were nil.

(2) Subsection 6 of section 41 applies to a corporation to
which this section applies.

Idem

Mortgage Investment Corporations

40. Where a corporation was, throughout a taxation year, ^fgg's^^mj i
a mortgage investment corporation, as defined in subsection 6 applicable
of section 130.1 of the Income Tax Act (Canada), the rules
provided in the said section 130.1 are applicable in computing
its income for the taxation year for the purposes of this Act.

Mutual Fund Corporations

41. — (1) Except as hereinafter provided, where a corpora- Rsc. 1952,
tion is a mutual fund corporation, section 131 of the Income sish
Tax Act (Canada) is applicable for the purposes of this Act. *^^

(3) In the application of subsection 3 of the said section i^®*"
131 for the purposes of this Act, the reference therein to
"this Act" shall be deemed to be a reference to this Act.

(4) In the application of clause A of subparagraph i of ^<^®'"
paragraph a and clause C of subparagraph ii of paragraph b,

Idem

Apportion-
ment of
capital
gains
refund

Exceptions
R.S.C. 1952.
C.148

Computation
of Income

of subsection 6 of the said section 131, for the purposes of
this Act, the references therein to "5 times" shall be read as
references to "16% times".

(7) Subsections 5 and 9 of section 131 of the Income Tax
Act (Canada) and paragraph c of subsection 6 of the said
section are not applicable for the purposes of this Act.

Non-Resident-Owned Investment Corporations

Computation
of taxable
Income

(2) The taxable income of a non-resident-owned invest-!
ment corporation for a taxation year is its income determined]
under subsection 1, minus its net capital losses for taxationl
years preceding and the taxation year immediately following*
the taxation year, as determined in accordance with section
111 of the Income Tax Act (Canada) as made applicable by
section 29 of this Act.

R.S.C. 1952.

c. 148.

8. 133 (5. 7.1. 7.2).

applicable

(3) The provisions of subsections 5, 7.1 and 7.2 of section
133 of the Income Tax Act (Canada) are applicable for the
purposes of this section.

Patronage Dividends

43. — (1) Except as hereinafter provided, the provisions of Rs^c. 1952.
section 135 of the Income Tax Act (Canada) with respect to s. 135,'
the deduction from income of payments made pursuant to
allocations in proportion to patronage and the inclusion in
income of payments received pursuant to allocations in pro-
portion to patronage are, in so far as they apply to corpora-
tions, applicable in computing income for the purposes of
this Act.

(2) Subsection 3 of the said section 135 is not applicable Jo^-.^^g^^j^jj
for the purposes of this Act. ofs. i35(3)

Credit Unions

44. — (1) Except as hereinafter provided, the provisions of ^f^^^^^^,
section 137 of the Income Tax Act (Canada) are applicable s 137' ^,

, . f .. . . , ^^ applicable

m computmg the mcome of credit unions for the purposes of
this Act.

(2) Subsections 3 and 4 of the said section 137 and para- ^^^®p"°°^ A

graph c of subsection 6 of the said section 137 are not
applicable for the purposes of this Act.

Deposit Insurance Corporations

45. — (1) Except as hereinafter provided, the provisions ^-^^c i952.
of section 137.1 of the Income Tax Act (Canada) are appH- s. 137.1,

... ..• i.u • f J -4. • applicable

cable in computing the income of deposit insurance cor-
porations and member institutions thereof for the purposes
of this Act.

(2) In the application of subsection 1 of the said section i<iem
137.1 for the purposes of this Act, the reference in para-
graph a thereof to "this Part" shall be deemed to be a refer-
ence to Part II of this Act.

(3) Subsection 9 of the said section 137.1 is not appli- Exception
cable for the purposes of this Act.

Insurance Corporations

46. — (1) Notwithstanding any other provision of this Calculation
Act, except as hereinafter provided, the taxable incomes income
of insurance corporations that carry on an insurance business
in Ontario shall, for the purposes of this Act, be computed
in accordance with the rules provided in sections 138, 140,
141, 141.1 and 142 of the Income Tax Act (Canada).

Interpre-
tation

Application
of rules
under
R.S.C. 1952.
c. 148

Amounts to
be Included
In computing

goUcy-
older's
Income

Exemptions

Charities
and other
corporations

Non-profit
organizations

Farmers' and

fishermen's

insurers

48. Subsection 2 of section 142 of the Income Tax Ac^
(Canada) is, in so far as it applies to corporations, appli-1
cable for the purposes of this Act.

Division G — ^exemptions

49. — (1) Except as hereinafter provided, no tax is payable
under this Part upon the taxable income of a corporation for
a period when that corporation was, ;

{a) a corporation referred to in paragraph c, d, e,f, h.\^
i, j, k, m, n or 0 of subsection 1 of section 149!
of the Income Tax Act (Canada) ;

[b) a club, society or association that, in the opinion
of the Minister, was not a charity within the
meaning given to that expression by subsection 1
of section 149.1 of the Income Tax Act (Canada)
and that was organized and operated exclusively
for social welfare, civic improvement, pleasure or
recreation or for any other purpose except profit,
which has not in the taxation year or in any
previous taxation year distributed any part of its
income to any proprietor, member or shareholder
thereof, or appropriated any of its funds or property
in any manner whatever to or for the benefit of
any proprietor, member or shareholder thereof,
unless the proprietor, member or shareholder was a
club, society or association, the primary purpose
and function of which was the promotion of amateur
athletics in Canada ; or

(c) an insurer, who was engaged during the period in
no business other than insurance, if, in the opinion
of the Minister on the advice of the Superintendent
of Insurance, 50 per cent of its gross premium \
income for the period was in respect of the insur-
ance of farm property, property used in fishing or
residences of farmers or fishermen.

(2) Where a corporation described in clause b of sub-^^^^*J^^^J.f.

bution made
to members o
shareholders

section 1, bution made

' to members or

(6) has, after 1971, distributed any of its income or
distributed or otherwise appropriated any of its
funds or property in any manner whatever to or for
the benefit of any proprietor, member or share-
holder thereof on the winding up or discontinuance
of its business, the corporation shall be deemed to
have received income in that taxation year equal
to the amount, if any, by which the amount of the
funds and the value of the property distributed or
appropriated, as the case may be, exceeds the
aggregate of,

(i) amounts paid in by proprietors, members or
shareholders on account of capital, and

(ii) that part of the corporation's surplus that is
attributed to income that was exempt under
this section other than taxable capital gains,

and the corporation shall be liable for the taxes
imposed under this Act for the taxation year in
which the distribution is made.

(3) For the purposes of clause b of subsection 1, in com- income not
puting the part, if any, of any income that was distributed taxable

or otherwise appropriated for the benefit of any person, geSns
the amount of such income shall be deemed to be the amount
thereof otherwise determined less the amount of any taxable
capital gains included therein.

(4) The rules provided in subsections 2, 3, 4, 6, 8, 9 and 10 J^Pjies"""
of section 149 of the Income Tax Act (Canada) are appli- under
cable for the purposes of this section. c. i48

^**®'" (5) In the application of subsection 2 of section 149 of thai

R.s^c. 1952, Income Tax Act (Canada) for the purposes of this Act, the

said subsection shall be read without the reference therein

to paragraph /.

re-enacted^' ®' — ^^^ Clause c of subsection 1 of section 126 of the said Act ii

repealed and the following substituted therefor:

(c) all its reserves, whether created from income or
otherwise, except any reserve the creation of whichj
is allowed as a deduction under the provisions ot]
Part II, except paragraph n of subsection 1 ofi
section 20 of the Income Tax Act (Canada) as that?
paragraph applies by virtue of subsections 1 and
of section 14 of this Act.

re-en«!tff' (2) Clause d of subsection 1 of the said section 126, as re-
enacted by the Statutes of Ontario, 1973, chapter 42^
section 11, is repealed and the following substitute(
therefor :

(d) all sums or credits advanced or loaned to the corl
poration by its shareholders directly or indirectly
or by any person related to any of its shareholders^
or by any other corporation ; and

[

re-enacted^' ^^* — ^^) Clause b of subsection 1 of section 127 of the said Act
is repealed and the following substituted therefor:

(b) the amount of the discount on the issue or sale o|
the shares of the corporation. |

re-enacted' ^^^ Clause c of subsection 1 of the said section 127, as amended

by the Statutes of Ontario, 1976, chapter 32, section 17,
is repealed and the following substituted therefor:

Investments (c) the amount that equals that proportion of the

paid-up capital remaining after the deduction of the
amounts provided by clauses a, b and d which the
cost of the investments made by the corporation
in the shares and bonds of other corporations, ill
loans and advances to other corporations and in the
bonds, debentures and other securities of any
government, municipal or school corporation bears
to the total of the assets of the corporation remain-
ing after the deductions of the amounts provided
by clauses a, b and d, but, 1

(i) the deduction under this clause shall in no
case exceed the cost of the investments in
respect of which the deduction is claimed,
and

(3) Clause d of subsection 1 of the said section 127, as enacted s.i27(i)(d).

1 1 o r y-» ■ * /-w-T/' 1 or* • 4 ^ amended

by the Statutes of Ontario, 1976, chapter 32, section 17,
is amended by striking out "section 63" in the fifth line
and inserting in lieu thereof "section 20".

(4) Clause d of subsection 2 of the said section 127 is repealed re-enacted^'
and the following substituted therefor :

1 1. Subclause ii of clause h of subsection 1 of section 128 of the 8^^128 (d (6)
said Act is repealed and the following substituted therefor: re-enacted

(ii) the amount of the indebtedness of the cor-
poration relating to its permanent establish-
ments in Canada, but excluding therefrom,

(B) all other indebtedness that is repre-
sented by bonds, bond mortgages,
debentures, income bonds, income de-
bentures, mortgages, lien notes and

8.130.
amended

8.135.
re-enacted

Idem

any other securities to which the
property in Canada or any of it is
subject,

13. Section 135 of the said Act, as amended by the Statutes of
Ontario, 1974, chapter 75, section 10, is repealed and the
following substituted therefor:

135. — (1) Except as provided in subsection 10 of section 14,
every corporation referred to in subsection 1 of section 49,
other than a corporation referred to in paragraph m of
subsection 1 of section 149 of the Income Tax Act (Canada),
shall not be required to pay the taxes otherwise payable
under section 131 or 133.

(2) Subject to subsection 3, every corporation referred to
in clause d of subsection 1 of section 1, and sections 40 and
44 of this Act and paragraph m of subsection 1 of section
149 of the Income Tax Act (Canada) shall, in lieu of the
tax payable under section 131 or 133, pay a tax of $50.

8. 137.
amended

s. 145.
amended

Trustees,
etc.

14. Section 137 of the said Act is amended by striking out "section
122" in the first line and in the sixth line and inserting in lieu
thereof in each instance "section 49".

16. Section 145 of the. said Act is amended by adding thereto the
following subsection:

(3) Every trustee in bankruptcy, assignee, liquidator,
curator, receiver, trustee or committee and every agent or
other person administering, managing, winding-up, controUing
or otherwise dealing with the property, business, estate or
income of a corporation that has not filed a return for a

taxation year as required by this section shall file the return
required by subsection 1 for that corporation for that year.

16. — (1) Subclause i of clause b of subsection 3 of section 148 of ^g^jjw^wd),
the said Act, as re-enacted by the Statutes of Ontario,
1975, chapter 17, section 64, is repealed and the following
substituted therefor:

(i) on or before the last day of the third month
of the taxation year following that in respect
of which the tax is payable, where an amount
was deducted by virtue of section 125 of the
Income Tax Act (Canada) in computing the tax RS.c. 1952,
payable by the corporation under Part I of
that Act for the taxation year or the imme-
diately preceding taxation year, or

(2) Clause b of subsection 5 of the said section 148, as enacted |j^*^(^^^(*>'
by the Statutes of Ontario, 1976, chapter 32, section 19,

is amended by striking out "subsections 2 and 2a of
section 109" in the second and third lines and inserting
in lieu thereof "section 41".

(3) Subsection 6 of the said section 148, as enacted bv the^ i^s^s).
Statutes of Ontario, 1976, chapter 32, section 19, is
amended by striking out "subsections 2 and 2a of section

109" in the fourth and fifth lines and inserting in lieu
thereof "section 41".

17. Subsection 4 of section 149 of the said Act is amended ^Yl^^^j^^l^
striking out "section 99" in the second hne and in the twelfth
hne and inserting in Heu thereof in each instance "section 111
of the Income Tax Act (Canada) as made applicable by section
29 of this Act".

18. — (1) Subsection 1 of section 150 of the said Act is repealed s- iso (i).

1 1 i- 11 • 1 • 1 1 r re-enacted

and the lollowmg substituted therefor:
(1) The Minister shall with all due despatch examine each Assessment

. * of returns

(la) The Minister may determine the amount of a corpora- ^^n^^ion
tion's non-capital loss, net-capital loss or restricted farm loss of loss
for a taxation year where, in his opinion, the amount thereof
is different from the amount reported by the corporation in
its return delivered under section 145 for the taxation year.

Pro visions
applicable

R.S.C. 1962.
0.148

(16) The provisions of paragraph / of subsection 1 of s<
tion 56 and paragraph o of section 60 of the Income 7 i
Act (Canada), as those paragraphs apply by virtue of sectioi
16 and 17, respectively, of this Act, and the provisions of tin-.
Part shall apply, mutatis mutandis, to a determination un(l( r
subsection 1 or la.

s. 150 (4) (a)

(V).

re-enacted

(2) Subclause v of clause a of subsection 4 of the said section
150 is repealed and the following substituted therefor:

has claimed a deduction under paragraph ^
of subsection 1 of section 20 of the Income
Tax Act (Canada) as made applicable by sec-
tion 14 of this Act; and

8. 150 (5).
amended

(3) Subsection 5 of the said section 150 is amended by strikint^^
out "section 99" in the sixth line and inserting in lit u
thereof "section 111 of the Income Tax Act (Canada) a>
made applicable by section 29 of this Act".

8. 152 (4).
amended

10. — (1) Subsection 4 of section 152 of the said Act is amended
by inserting after "section 154" in the first line "or by
virtue of a decision made under section 1606".

3. 152 (7),
amended

8.153(1),
amended

8.154,
amended

21. Section 154 of the said Act, as amended by the Statutes of
Ontario, 1976, chapter 32, section 21, is further amended by
adding thereto the following subsection:

Reassess-
ment,
additional
assessment or
deter-
mination
does not in-
validate
objection
or appeal

(6) Where a corporation has served a notice of objection'
to an assessment in accordance with this section or has
instituted an appeal in accordance with section 155 and
thereafter the Minister issues to the corporation,

(a) a reassessment or additional assessment of tax,
interest or penalties under section 150; or

(b) a determination of the amount of a refund or loss
under subsection 1 or la of section 150,

(c) the reassessment, additional assessment or deter-
mination does not invahdate the notice of objection
or appeal, as the case may be ; and

{d) the corporation may, if section 1606 does not apply,
file an additional objection in respect of any new
matters raised in the reassessments, additional assess-
ment or determination, as the case may be.

22. — (1) Subsection 1 of section 155 of the said Act is amended amended
by adding at the end thereof "and notwithstanding section
17 of The Judicature Act the appeal shall be heard and
determined by a judge of the High Court and not by the
Divisional Court".

(2) Subsections 5 and 6 of the said section 155 are repealed, repeaie/^'

23. Subsection 1 of section 157 of the said Act is amended by 1;^^^^^^^
striking out "and, unless the court otherwise orders, ready for
hearing" in the sixth and seventh lines.

24. The said Act is further amended by adding thereto the follow- Inac^d^^*'
ing sections :

160a. The time within which a notice of objection under of^^f^l*""
subsection 1 of section 154 or a notice of appeal under sub-
section 1 of section 155 is to be served may be extended by the
Minister if apphcation for extension is made prior to the
expiration of the time for service of the notice of objection
or notice of appeal, as the case may be.

Alternative

1606.— (1) Where, 2SfeV°°*°'^

procedure

{b) a notice of assessment has been issued to the cor-
poration under the Income Tax Act (Canada) based ^f48^®^^'

on provisions in that Act corresponding to the
provisions in this Act on which the designated
assessment was based ;

(c) the corporation has served a notice of objection to
the assessment referred to in clause b in which the
same issues have been raised as would have been
raised in an objection to the designated assessment ;
and

{d) the corporation has not served in accordance with
section 154 a notice of objection to the designated
assessment,

JndffiSter ^^) ^^^ Corporation and the Minister shall, with respect to

^'oiio** a designated assessment to which this section applies, be

bound by,

(a) the decision of the Minister of National Revenue
for Canada from which no appeal is taken in accord-
R.s^c. 1952. aj^(,g ^j^j^ ^jjg Income Tax Act (Canada) ; or

{b) where an appeal is instituted, the final disposition
of the appeal by the Tax Review Board or any
court of competent jurisdiction; or

and in any such case the Minister shall, where necessary,
reassess the corporation in accordance therewith.

Idem

(3) Sections 154 to 160 do not apply to the reassessment
referred to in subsection 2.

?e-^acSd 2^* Subsections 1 and 2 of section 167 of the said Act, as amended f|
by the Statutes of Ontario, 1973, chapter 157, section 32 andj
1975, chapter 17, section 66, are repealed and the following y
substituted therefor:

(1) All taxes, interest, penalties, costs and other amounts ^Jg®^g|,^Qj.
imposed under this or any predecessor Act in respect of any t^^xes and
taxation year of a corporation that commenced in any amounts
calendar year ending after the 31st day of December, 1972 ^^^°^^
are debts due to Her Majesty and, subject to the Bankruptcy f%^- ^^'^^'
Act (Canada), are a first lien and charge upon property in
Ontario of the corporation liable to pay such taxes, interest,
penalties, costs and other amounts.

(2) At the expiry of each calendar year following 1977, ^en^''^°^
the reference in subsection 1 to "1972" shall be advanced
by one year.

{2a) Subsections 1 and 2 do not apply to extinguish or re^g^|?ered ^^
remove any lien or charge that is claimed under this or any li^ns
predecessor Act in a Notice of Lien that is registered in the
proper land registry office.

J6. The said Act is further amended by striking out "fiscal year" amended
wherever it occurs and inserting in lieu thereof in each instance
"taxation year". ^

27. — (1) This Act, except clause d of subsection 7 and subsection 11 commence-

' ^ ment and

of section 14 of the said Act, subsection 5 of section 15 of application
the said Act, subsections 4, 5 and 6 of section 16 of the
said Act, section 19 of the said Act, subsection 5 of
section 25 of the said Act, and section 31 of the said Act,
all as enacted by section 8 of this Act, subsection 1 of
section 19 and sections 20, 21, 22, 23, 24, 25 and 26, of
this Act, comes into force on the day it receives Royal
Assent and applies to corporations in respect of all
taxation years ending on or after that day.

(2) Clause d of subsection 7 of section 14 of the said Act i^®™
and section 19 of the said Act, both as enacted by sec-
tion 8 of this Act, shall be deemed to have come into
force on the 20th day of April, 1977 and apply to corpora-
tions in respect of all taxation years ending after the 19th
day of April, 1977.

(3) Subsection 11 of section 14 of the said Act, subsection 5 ^^^^
of section 15 of the said Act, subsections 4, 5 and 6 of
section 16 of the said Act, subsection 5 of section 25 of

Idem

R.S.C. 1952.
c. 148.

1972. c. 143

Short title

Venture Investment Corporations Registration Act, J 977
comes into force.

(4) Subsection 1 of section 19 and sections 21, 22, 23, J\.
25 and 26 come into force on the day this Act reccur.
Royal Assent.

(5) Section 20 of this Act comes into force on the day tins
Act receives Royal Assent and applies to instalments of
tax payable in respect of all taxation years ending on or
after that day.

(6) The amendments to the Income Tax Act (Canada) made
by. r

(a) an Act to amend the Income Tax Act, being chapt*
106 of the Statutes of Canada. 1974-75-76; and

(6) an Act to amend the Income Tax Act, being chapt*
4 of the Statutes of Canada, 1976-77,

to sections of that Act which are by this Act made
applicable for the purposes of The Corporations Tax Act,
1972 shall be deemed to have come into force for the
purposes of The Corporations Tax Act, 1972 at the same
time and to apply in the same manner as those amend-
ments were brought into force and made applicable by
the said Acts to amend the Income Tax Act (Canada).

28. The short title of this Act is The Corporations Tax Amendment
Act, 1977.

a
w

O
>

en
o

<
w

0
<

■-1

0
CD

tNO

3
cr

"-1

i-t-

I—'

^
^

H
is-

I-*-

^-^

i-t

C/l

BILL 89 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Planning Act

Mr. Cureatz

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

The purpose of this Bill is to provide a statement of the specific
criteria that should guide a committee of adjustment, land division com-
mittee or the Minister when deciding whether to give a consent under
section 29 of The Planning Act.

Section 1. The existing section 29 (12) of The Planning Act invokes
considerations relating to subdivision agreements and applies them to the
giving of consents. The section as amended contains a list of criteria that
have particular reference to consents. Most of the considerations are
developed from a list contained in section 33 (4) of The Planning Act.
Another consideration is drawn from section 42 (3). The amendment also
requires the committee of adjustment, land division committee and the
Minister to consider the community needs for housing and commercial
and industrial development.

BILL 89 1977

An Act to amend The Planning Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as
.ollows :

1. — (1) Subsection 12 of section 29 of The Planning Act, being s^^^^^j^^^
chapter 349 of the Revised Statutes of Ontario, 1970,
is repealed and the following substituted therefor:

(12) A committee of adjustment, a land division committee b^^^^^rded
and the Minister, in determining whether a consent is to be indeter-

,,,.., ,, , .. , ■, ■,. niining

given, shall decide whether the consent is in the pubhc consent
interest and shall have regard to,

(a) the health, safety, convenience and welfare of the
future inhabitants;

[h) the official plan and adjacent plans of subdivision,
if any;

{d) the restrictions or proposed restrictions, if any, on
the land, buildings and structures proposed to be
erected thereon and the restrictions, if any, on
adjoining lands;

{e) the dimensions and shape of the lot or lots and the
geographic character of the surrounding land;

(/) the adequacy of utilities and municipal services ;

{g) the adequacy of school sites;

(A) the conservation of natural resources and flood
control ;

8.29.
amended

Power to

Impose

conditions

8. 42 (3),
re-enacted

Power of
committee
to give
consent

Commence-
ment

Short title

(t) whether a plan of subdivision under section 33 ofc
the land described in the application is necessary'^
for the proper and orderly development of the
municipality.

(2) The said section 29, as amended by the Statutes of Ontario,
1971, chapter 2, section 1, 1972, chapter 118, section 3^
1973, chapter 168, section 6, 1974, chapter 53, section
and 1976, chapter 38, section 2, is further amended b]
adding thereto the following subsection :

(126) A committee of adjustment, a land division committee
and the Minister have the same powers with respect to a
consent as the Minister has with respect to an approval of a
plan of subdivision under subsections 5 and 8 of section 33,
and shall require that all conditions imposed be fulfilled prior
to the granting of a consent.

2. Subsection 3 of section 42 of the said Act is repealed and th©;
following substituted therefor:

(3) In addition to its powers under subsections 1 and 2
and subject to section 30, the committee, upon the applica-
tion of the owner of any land or any person authorized in
writing by such owner, may, notwithstanding any other Actj;
give a consent as mentioned in section 29.

3. This Act comes into force on the day it receives Royal Assent.

4. The short title of this Act is The Planning Amendment Act, J 977.

Subsection 126 is a re-enactment of the latter portion of the existing
section 29 (12) concerning the attachment of conditions to consents.

Section 2. The amendment deletes the words "provided that the
committee is satisfied that a plan of subdivision under section 33 of the
land described in the application is not necessary for the proper and orderly

development of the municipality" in section 42 (3). The phrase is unnecessary "\

because it has been included as one of the considerations listed in the
amended section 29 (12).

a
»

H
N

C-0

•z

»».»

8
5^

'yi

■v4

3
3

5'
>

BILL 90 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act respecting Toxic and Hazardous Substances

Mr. Lewis

TORONTO
Printed by J. C. Thatcher, Queens Printer for Ontario

Explanatory Note
The purpose of the Bill is,

(1) to require that every new substance or new process be tested for
toxic or hazardous characteristics by an independent research
organization before it is introduced into the work place.

(2) to enable the Minister of Labour to require any substance or
process already in use be tested for toxic or hazardous characteristics
by an independent research organization when the effect on the
health of the employees is in question.

(3) where toxic or hazardous characteristics are found through the
testing procedure, the Minister can prohibit, severely limit or place
conditions on its introduction.

(4) to require an annual audit of the use by amount of toxic or hazardous
substances and mixtures in each work place.

BILL 90 1977

An Act respecting
Toxic and Hazardous Substances

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

1. In this Act, 1?^?;:^®"

' tation

(a) "Minister" means the Minister of Labour;

(b) "substance" means any solid, liquid, gaseous or
other substance or any component thereof and
includes any combination, blending or mixture of
substances ;

(c) "process" means any chemical, mechanical, elec-
trical, catalytic or other process or any component
thereof and includes any combination of chemical,
mechanical, electrical, catalytic or other processes;

(d) "new substance" means any substance not in com-
mercial use on or before the date this Act comes
into force;

(e) "new process" means any process not in com-
mercial use on or before the date this Act comes
into force;

(/) "manufacturer" includes any enterprise engaged in
the use, distribution or sale of any substance or
process, whether manufactured, purchased or im-
ported in whole or in part by the enterprise;

{g) "research organization" includes any independent
research organization approved by the Minister.

2. No manufacturer shall use, distribute or sell any mLsKSn
new substance or new process, whether manufactured, pur- new sub

*^ ' ' ^ stance o

must approve

stance or
process

Notice to
Minister

chased or imported in whole or in part by the manufacturer
without the approval of the Minister.

3. A manufacturer who proposes to use, distribute or
sell a new substance or a new process, whether manu-
factured, purchased or imported in whole or in part by the
manufacturer, shall give notice of intention in writing to
the Minister in the prescribed form.

Power of the
Minister to
approve or shall,
order tests

4. The Minister upon receiving any notice of intention

(a) approve the use, distribution or sale of the new
substance or new process whether manufactured,
purchased or imported in whole or in part by the
manufacturer, which is known to the Minister to be
non-toxic or otherwise non-hazardous to any em-
ployee in a workplace; or

(6) designate the research organization to test the
new substance or new process whether manufactured,
purchased or imported in whole or in part by the
manufacturer which is not known to the Minister
to be non-toxic or otherwise non-hazardous to any
employee in a workplace.

S^nStion 5' — (1) The research organization designated by the Min-
t^g'jndertake jgter under section 4 (6) to test the new substance or new
process shall undertake the prescribed tests and shall
report to the Minister and to the manufacturer,

(a) the results of the tests; and

Costs of
testing

(b) the conclusions about the extent to which the new
substance or new process is toxic or otherwise
hazardous to human beings; and

(c) the recommendations about the use, distribution
or sale of the new substance or new process and
the conditions of its use, distribution or sale.

(2) The reasonable costs incurred by the research organi-
zation designated under section 4 (b) for testing the new
substance or new process and reporting thereon to the
Minister and the manufacturer shall be borne by the manu-
facturer.

Where
Minister ma;

Minister may ^' — (M Where the results of the tests provided for in
give approval section 4 (6) indicate that the new substance or new pro-
cess is not likely to be toxic or otherwise hazardous to the

health of any employee in a work place, the Minister may
forthwith approve the use, distribution or sale of the new
substance or process.

(2) Where the results of the tests provided for in section where

./,/.,. , , , ^ , Minister may

4 (b) mdicate that the new substance or new process may be nmit use of
toxic or otherwise hazardous to the health of any employee
in a work place, the Minister shall make such order as, in
his opinion, is necessary to provide for the safety of such
employees including one or more of the following,

(a) prohibiting the use, distribution or sale of the new
substance or new process;

(b) limiting the use, distribution or sale of the new
substance or new process to a particular amount,
use, concentration or emission level; or

(c) requiring that the new substance or new process
be marked with or accompanied by clear warnings
and instructions concerning its use and disposal.

7. Notwithstanding that a substance or process was in ^0^3^^°°*^
use, distributed or sold before this Act came into force, Minister to
or has been approved by the Minister under this Act, the
Minister may order tests on any substance or process where,

in the opinion of the Minister, such testing or further testing
is required in the interests of the safety of employees in
contact with the substance or process, and where such tests
are ordered under this section, the provisions of this Act
apply mutatis mutandis to the substance or process as if it
were a new substance or new process.

8. Every manufacturer shall prepare and file an annual ^g^g^t^
report in prescribed form in respect of the use of substances

and processes with toxic or hazardous characteristics.

9. Nothing in this Act shall be construed to alter orcivii,

„ L 1- 1 -I- 1 1 1- • /• , r liability

aiiect the liability and obligation of the manufacturer as not affected
now exists in law.

10. — (1) Every p)erson who, offence

(a) contravenes any of the provisions of this Act ;

(b) fails to comply with an order made under this Act ;
or

and every director or officer who knowingly concurs in
such contravention or failure is guilty of an offence and on
summary conviction is liable to a fine of not more than
$25,000.

Idem (2) Where a corporation is convicted of an offence under

subsection 1, the maximum fine that may be imposed is
$100,000 and not as provided therein.

RaflroiAtions n^ jhe Lieutenant Governor in Council may make
regulations,

(a) prescribing tests to be carried out on new sub-
stances or new processes;

(b) prescribing forms and providing for their use;

Commence-
ment

12. This Act comes into force on the day it receives Royal
Assent.

Short title 13. The short title of this Act is The Toxic and Hazardous

Substances Act, 1977.

H
o

Si.
ft

»>«

5^3

S>
Si-

(/)

<«4 .

t— ^
vO

s >

p n

^'S

.(TO

BILL 91 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Assessment Act

The Hon. Margaret Scrivener
Minister of Revenue

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. The addition of clause d to section 86 of the Act will
jxjstpone from 1977 to 1978 the return of assessments at market value.
The addition of subsection 2 to section 86 of the Act will ensure that
vacant buildings and structures, or portions thereof, that have not com-
menced to be used in 1977 will be included in the assessment for taxation
in 1978 where the construction or improvement has increased the value
of the real property by at least $2,500. This will prevent the exclusion
from assessment and taxation of significant amounts of real prof)erty that,
although of considerable value, remain vacant and outside the provisions
of clause a of section 43 of the Act.

The remaining amendments in section 1 of the Bill are consequential
on the postp>onement of market value assessments.

BILL 91 1977

An Act to amend The Assessment Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

follows :

1. Section 86 of The Assessment Act, being chapter 32 of the|-^|j^^g^
Revised Statutes of Ontario, 1970, as re-enacted by the
Statutes of Ontario, 1976, chapter 65, section 1, is amended,

[a] by striking out "and" at the end of clause h and by ""x

adding "and" at the end of clause c;

(6) by adding thereto the following clause;

{d) subject to subsection 2, the assessment roll of a
municipality to be returned in the year 1977 shall
be the assessment of all real property as set forth
in the assessment roll returned for the year 1976
for taxation in the year 1977 as amended, added
to or otherwise altered up to the third Tuesday
following the 1st day of December, 1977,

(d) by adding thereto the following subsection :

(2) Where the erection, alteration, enlargement or improve- ^°°J|^q®^^°
ment of any building, structure, machinery, equipment or added to
fixture or any portion thereof increases the value of anyrou
real property in a municipality or locality by at least $2,500,
and where such increase in value has not been, or is not
liable to be, assessed pursuant to section 43, such increase
in value shall be assessed and included in the assessment roll
to be returned in the municipality or locality next after

8.96.
re-enacted

Application

S.96.
re-enacted

Application

Idem

8.97(1),
amended

8. 97 (2).
amended

8. 97 (5).
amended

Commence-
ment

Idem

Short title

such increase comes to the attention of, and the amount thereo
has been determined by, the Assessment Commissioner.

2. Section 95 of the said Act, as re-enacted by the Statutes o
Ontario, 1976, chapter 65, section 2, is repealed and thi
following substituted therefor:

95. Section 90 ceases to be in force on the 19th day o
December, 1978, but shall continue in force for the purpose
of any pending complaint, appeal, proceeding or action whicl
will affect taxes for the years 1971 to and including 1978.

3. Section 96 of the said Act, as re-enacted by the Statutes o
Ontario, 1974, chapter 41, section 31 and amended by 1976
chapter 65, section 3, is repealed and the following substitutec
therefor :

96. — (1) Subject to section 97, subsection 6 of section 3^
continues to be not in force and remains inoperative unti
the 1st day of January, 1978.

(2) Section 71 continues to be not in force and remains
inoperative until the 1st day of January, 1979.

4. — (1) Subsection 1 of section 97 of the said Act, as enacted
by the Statutes of Ontario, 1972, chapter 161, section 2
is amended by striking out "93, 94 or" in the seventeentl"
line.

(2) Subsection 2 of the said section 97, as amended by the
Statutes of Ontario, 1975 (2nd Session), chapter 2
section 3, is further amended by striking out "1977"
as inserted in the third line by the said amendment
and inserting in lieu thereof "1979".

(3) Subsection 5 of the said section 97, as amended by th€
Statutes of Ontario, 1973, chapter 148, section 5, is further
amended by striking out "section 72" in the first line
and in the fifteenth line and inserting in heu thereof in
each instance "section 507 of The Municipal Act" .

5. — (1) This Act, except section 3, comes into force on the 1st day
of December, 1977.

(2) Section 3 shall be deemed to have come into force on the
1st day of January, 1977.

6. The short title of this Act is The Assessment Amendment Act,\
1977.

Section 2. The changes made in the re-enactment of section 95 are
consequential on the postponement of market value assessments.

Section 95 now reads :

95. Section 90 ceases to be in force on the 20th day of December, 1977 ,
but shall continue in force for the purpose of any pending complaint,
appeal, proceeding or action which will affect taxes for the years 1971
to and including 1977 .

Section 3. The changes made in section 96 are consequential on the
postponement of market value assessments.

Section 96 now reads :

96. — (/) Subject to section 97 , subsection 6 of section 33 continues to be not in
force and remains inoperative until the 1st day of January, 1977.

(2) Section 71 continues to be not in force and remains inoperative until
the 1st day of January, 1978.

Section 4. — Subsection 1. The amendment deletes references to sec-
tions that were earlier repealed.

Subsection 2. The amendment is consequential on the postponement
of market value assessments and the amendments to section 96 by section 3
of this Bill.

Subsection 3. The amendment reflects the repeal of section 72 of
The Assessment Act and the enactment of similar provisions in section 507 of
The Municipal Act, effective January 1st, 1976.

a
w

o
>

CD
O

<
m

o
<

3 ^

Ota

C/l

(/)

(-t-

o
3

(-^

BILL 91

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Assessment Act

The Hon. Margaret Scrivener
Minister of Revenue

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 91 1977

An Act to amend The Assessment Act

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

1. Section 86 of The Assessment Act, being chapter 32 of the |j^|.^^g^
Revised Statutes of Ontario, 1970, as re-enacted by the
Statutes of Ontario, 1976, chapter 65, section 1, is amended,

(a) by striking out "and" at the end of clause h and by "v

adding "and" at the end of clause c;

{h) by adding thereto the following clause;

[d] subject to subsection 2, the assessment roll of a
municipahty to be returned in the year 1977 shall
be the assessment of all real property as set forth
in the assessment roll returned for the year 1976
for taxation in the year 1977 as amended, added
to or otherwise altered up to the third Tuesday
following the 1st day of December, 1977,

{d) by adding thereto the following subsection :

(2) Where the erection, alteration, enlargement or improve- ^°°^|^jj®^°
ment of any building, structure, machinery, equipment or added to
fixture or any portion thereof increases the value of anyrou
real property in a municipality or locality by at least $2,500,
and where such increase in value has not been, or is not
liable to be, assessed pursuant to section 43, such increase
in value shall be assessed and included in the assessment roll
to be returned in the municipality or locality next after

8.95.
re-enacted

Application

8.96.
re-enacted

such increase comes to the attention of, and the amount thereof
has been determined by, the Assessment Commissioner.

2. Section 95 of the said Act, as re-enacted by the Statutes of
Ontario, 1976, chapter 65, section 2, is repealed and the
following substituted therefor:

95. Section 90 ceases to be in force on the 19th day of
December, 1978, but shall continue in force for the purpose
of any pending complaint, appeal, proceeding or action which
will affect taxes for the years 1971 to and including 1978.

3. Section 96 of the said Act, as re-enacted by the Statutes of
Ontario, 1974, chapter 41, section 31 and amended by 1976,
chapter 65, section 3, is repealed and the following substituted
therefor :

Application

Idem

8.97(1).
amended

96. — (1) Subject to section 97, subsection 6 of section 33
continues to be not in force and remains inoperative until
the 1st day of January, 1978.

(2) Section 71 continues to be not in force and remains
inoperative until the 1st day of January, 1979.

(1) Subsection 1 of section 97 of the said Act, as enacted
by the Statutes of Ontario, 1972, chapter 161, section 2,
is amended by striking out "93, 94 or" in the seventeenth
Une.

8.97(2),
amended

8. 97 (5).

amended

(Commence-
ment

(2) Subsection 2 of the said section 97, as amended by the
Statutes of Ontario, 1975 (2nd Session), chapter 2,
section 3, is further amended by striking out "1977",
as inserted in the third line by the said amendment,
and inserting in lieu thereof "1979".

(3) Subsection 5 of the said section 97, as amended by the
Statutes of Ontario, 1973, chapter 148, section 5, is further
amended by striking out "section 72" in the first line
and in the fifteenth line and inserting in lieu thereof in
each instance "section 507 of The Municipal Act" .

5. — (1) This Act, except section 3, comes into force on the 1st day
of December, 1977.

Idem

Short title

(2) Section 3 shall be deemed to have come into force on the
1st day of January, 1977.

6. The short title of this Act is The Assessment Amendment Act,
1977.

H
a
w

X
So

^ >

H
CO

o
2

z
w

ft)

rt)
3

C/5

•I

>-•

Si.
S)

H-»

--J

»-J

t-t-

C/)

o
p
3

!->■

BILL 92 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Highway Traffic Act

Mr. Nixon

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to make it a requirement that a motor
vehicle registered in Ontario be insured under a motor vehicle liability
policy. The Bill requires that every owner provide proof of insurance
protection at the time a motor vehicle permit is issued or validated.

In addition, the Registrar of Motor Vehicles must receive notice of
every cancellation of a motor vehicle liability f)olicy and may request an
owner to provide further proof of insurance protection.

ILL 92 1977

An Act to amend
The Highway Traffic Act

[JER MAJESTY, by and with the advice and consent of the
'■■■- Legislative Assembly of the Province of Ontario, enacts as
)llows :

1. Subsection 1 of section 1 of The Highway Traffic Act, being l^^^^^^g^j
chapter 202 of the Revised Statutes of Ontario, 1970, as
amended by the Statutes of Ontario, 1973, chapter 45, sec-
tion 1, 1973, chapter 167, section 1, 1974, chapter 123, section

1, 1975, chapter 78, section 1, 1976, chapter 37, section 1 and \

1977, chapter 19, section 1, is further amended by adding
thereto the following paragraph:

17a. "motor vehicle hability pohcy" means a motor

vehicle liability policy in accordance with The^f^-^^^-
Insurance Act.

2. Subsection 3 of section 6 of the said Act, as re-enacted by s 6(3),
the Statutes of Ontario, 1974, chapter 66, section 2, is repealed
and the following substituted therefor:

(3) Where the owner of a motor vehicle or trailer pays ^r'^hfdes
the fee prescribed by the regulations and provides proof,
as prescribed in the regulations, that the motor vehicle is
insured under a valid and subsisting motor vehicle liability
policy, the Ministry or any person authorized by the Minister
shall.

(a) issue for the motor vehicle or trailer a numbered
permit and a number plate or number plates, in
accordance with the regulations, bearing the number
of the permit; or

(6) validate the permit issued for the motor vehicle or
trailer and provide such evidence of the validation
for display upon the motor vehicle or trailer as may
be prescribed by the regulations.

8.6a.
•UMted

Motor
vehicle
insurance
required

Notice of
cancellation
to Registrar

Where policy
deemed in
force

Idem

Uninsured
motor vehicle
fee

R.S.0. 1970.
c. 281

3. The said Act is amended by adding thereto the followii
section :

6a. — (1) The owner of a motor vehicle shall not drive t^
motor vehicle or cause or permit the motor vehicle to %
driven on a highway unless a valid and subsisting mot^
vehicle liability policy exists in respect of the motor vehiclj

(2) An insurer shall notify the Registrar of the cancella
tion of a motor vehicle liability policy at least fifteen day
in advance of the day the policy lapses or is terminated b
the insurer, but where the motor vehicle liability policy I
terminated by an insured owner, the insurer shall notify tti
Registrar of the cancellation forthwith.

(3) Where an insurer fails to notify the Registrar of t!
cancellation of a motor vehicle liability policy, the liabilit
of the insurer under the motor vehicle liability policy sha
be deemed to continue until the Registrar is notified of tft
cancellation.

(4) The Registrar may at any time request a person
provide proof that a motor vehicle liability policy exists I
respect of a motor vehicle owned by that person.

(5) A permit held by an owner at the time this Act come
into force, by reason of having paid the uninsured mote
vehicle fee under The Motor Vehicle Accident Claims Ac
shall continue in operation until the period for which the fe
was paid expires and thereafter the permit shall not b
validated or replaced unless the owner provides to th
Minister proof as prescribed in the regulations that ther
exists a valid and subsisting motor vehicle liability policy i
respect of the motor vehicle.

Regulations

Commence-
ment

Short title

(6) The Lieutenant Governor in Council may make regi'
lations prescribing the form of providing proof to the Ministc
and the Registrar that a valid and subsisting motor vehicl
liability policy exists in respect of the motor vehicle.

4. This Act comes into force on the day it receives Royal Assam

5. The short title of this Act is The Highway Traffic Amendmet
Act. 1977.

«■

««.

«1

Co"*

t\)

•^

3
•I

1—'
SO

-J

0"5

i-t-

r-t-
0

rD
3

BILL 93 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Employment Standards Act, 1974

Mr. O'Neil

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to increase the time for notice to an
employee whose employment is to be terminated where the employer plans
to terminate the employment of fifty or more employees within a short
period of time. The Bill also requires the employer, when requested, to
confer with the Minister and any trade union that represents the employees
to discuss alternative methods of reducing the number of terminations.

piLL 93 1977

An Act to amend
The Employment Standards Act, 1974

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

1. — (1) Subsection 2 of section 40 of The Employment ^^(^f^dards ^^-^^^^^cteA
Act, 1974, being chapter 112, is repealed and the follow-
ing substituted therefor:

(2) Notwithstanding subsection 1, the notice required byNot^c|of
an employer to terminate the employment of fifty or more
employees in any period of twelve weeks or less shall be not
less than,

[a] sixteen weeks notice if the employment of fifty or
more persons and fewer than 200 persons is to be
terminated at an establishment;

[h) twenty-four weeks notice if the employment of 200
or more persons and fewer than 500 persons is to
be terminated at an establishment ; and

and until the expiry of such notice the termination shall not
take effect.

(2) The said section 40 is amended by adding thereto thes^o-^^^^
following subsection:

(2a) In the event of a termination referred to in subsec- ^^^yjf>

^ ' confer

tion 2, an employer shall give notice at the same time that
notice is given under subsection 2 to the Minister and any
trade union that represents employees whose employment
the employer proposes to terminate indicating,

Commence-
ment

Short title

(a) the number of employees whose employment wil
be terminated;

(b) a statement of the reasons for the terminations,

and, where the Minister or a trade union so requests, tl
employer shall confer with the Minister or trade union or
representative thereof with a view to considering in goal
faith alternative plans to reduce the number of termination

2. This Act comes into force on the day it receives Royal Assen

3. The short title of this Act is The Employment Standards A mendi
ment Act. 1977.

Si.

<»

»-

«H.

o
-^
•^

"S-

o"
^

r-h

(-»■

C/)

l-t-

C/)

BILL 94 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Negligence Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The provisions being repealed save a driver or owner of a motor vehicle
harmless from civil liability for injuries to a gratuitous passenger except
where the injuries were caused by the gross negligence of the driver. The
effect of the appeal is to re-establish absence of negligence as a standard of
care to be exercised by drivers of motor vehicles towards gratuitous passengers.

The amendment to section 2 (1) of the Act is of a housekeeping nature
to reflect the repeal of subsections 2 and 3 of section 2 of the Act.

Section 2 of the Bill serves to clarify that the right of action is preserved
where the cause of action arose before this Bill comes into force.

JILL 94

1977

An Act to amend The Negligence Act

HER MAJESTY, by and with the advice and consent of the
, Legislative Assembly of the Province of Ontario, enact> as

[follows :

(1) Subsection 1 of section 2 of The Negligence Act, being |j^(J>^g^j
chapter 296 of the Revised Statutes of Ontario, 1970,
is amended by striking out "except as provided by sub-
sections 2, 3 and 4" in the fourth line.

(2) Subsections 2 and 3 of the said section 2 are repealed.

8. 2 (2, 3),
repealed

Section 1 does not apply in respect of any action brought when s.i
for any loss or damage resulting from bodily injury to, or apply
the death of any person being carried in, or upon, or entering,
or getting on to, or alighting from a motor vehicle other
than a vehicle operated in the business of carrying passengers
for compensation, where the cause of action arose before this
Act comes into force.

8. This Act comes into force on the day it receives Royal Assent. ^°™^®°'^®"

4. The short title of this Act is The Negligence Amendment /l^-/^ short title
1977.

O
"-1

(T)

£L

Ca>

fc^

C/5

(yQ

h'"^

-vj

fD O

/S" "^
n> ^
3 p

S 3
>S a

o O-

BILL 94 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Negligence Act

The Hon. R. McMurtry
Attorney General

[Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queens Printer for Ontario

Explanatory Note

The amendment to section 2 (1) of the Act is of a housekeeping nature
to reflect the repeal of subsections 2 and 3 of section 2 of the Act.

Section 2 of the Bill serves to clarify that the right of action is preserved
where the cause of action arose before this Bill comes into force.

BILL 94 1977

An Act to amend The Negligence Act

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

1.— (1) Subsection 1 of section 2 of The Negligence Act, being l^^^^^^g^
chapter 296 of the Revised Statutes of Ontario, 1970,
is amended by striking out "except as provided by sub-
sections 2, 3 and 4" in the fourth line.

(2) Subsections 2 and 3 of the said section 2 are repealed. re^^lied "\

2. Section 1 does not apply in respect of any action brought when s. i
for any loss or damage resulting from bodily injury to, or apply
the death of any person being carried in, or upon, or entering,
or getting on to, or alighting from a motor vehicle other
than a vehicle operated in the business of carrying passengers
for compensation, where the cause of action arose before this
Act comes into force.

3. This Act comes into force on a day to be named by proclarna- commence-
tion of the Lieutenant Governor. "^PC

4. The short title of this Act is The Negligence Amendment /If/, short title
7977.

«>

rn.

«l

«>

A-

««t^

»-

**^

r<«k

C/)

ffi

ft-
o

«<

t\J

h^^

B
cr

►-1

ft-

Si-

i-K

A-

OTQ

I— k

o
^
^

<y<5

ft)

tz:>

crq'

t-t-
O

rt>

BILL 94

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Negligence Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

JILL 94 1977

An Act to amend The Negligence Act

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

1. — (1) Subsection 1 of section 2 of The Negligence Act, being l^^^j^^^^^
chapter 296 of the Revised Statutes of Ontario, 1970,
is amended by striking out "except as provided by sub-
sections 2, 3 and 4" in the fourth line.

(2) Subsections 2 and 3 of the said section 2 are repealed. repealed A

2. Section 1 does not apply in respect of any action brought when s. i
for any loss or damage resulting from bodily injury to, or apply
the death of any person being carried in, or upon, or entering,

or getting on to, or alighting from a motor vehicle other
than a vehicle operated in the business of carrying passengers
for compensation, where the cause of action arose before this
Act comes into force.

3. This Act comes into force on a day to be named by proclama- commence-
tion of the Lieutenant Governor.

4. The short title of this Act is The Negligence Amendment /If/, short title
7977.

r-f-

O
•1

o
z

•1

£L

►<

o
<

rti

t\)

ft)

k>^

3
cr

t/)

•-1

-1

«i

i-f-

It-

(-^

1— »

5:;

-4

-v|

:z:>

°S-

<-»■

(-♦■

orq

O-

BILL 95 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Assessment Act

Mr. Leluk

TORONTO
Printed by J. C. Thatcher, Queens Printer for Ontario

Explanatory Note

The Bill provides an exemption from municipal taxation for additions
and improvements to real property that are designed to aid persons who are
physically disabled.

ILL 95 1977

An Act to amend The Assessment Act

TER MAJESTY, by and with the advice and consent of the
^ Legislative Assembly of the Province of Ontario, enacts as
Hows :

1. Section 3 of The Assessment Act, being chapter 32 of the|-^'g^^g^
Revised Statutes of Ontario, 1970, as amended by the
Statutes of Ontario, 1973, chapter 26, section 1 and 1974,
chapter 41, section 2, is further amended by adding thereto

the following paragraph: "X

21. All equipment, devices, installations and structures Equipment
located in or on lands and buildings that are designed for Physically
use by persons who are physically disabled and are affixed,
installed or built for the purpose of enhancing the use and
enjoyment of the land and buildings by such persons.

2. This Act comes into force on the day it receives Royal Assent, co^^mence-

3. The short title of this Act is The Assessment Amendment ^c^, short title
7977.

m
r

«^

•I

-vl

c/)

BILL 96 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to register
Condominium Property Management Firms

Mr. Leluk

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

This Bill provides for the registration, bonding and inspection of
condominium property management firms.

BILL 96 1977

An Act to register
Condominium Property Management Firms

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

1. In this Act. gterpre-

(a) "Minister" means the Minister of Consumer and

Commercial Relations; '\

(6) "registrant" means a condominium property man-
agement firm registered under this Act;

{c) "Registrar" means the Registrar appointed under
section 2;

(d) "Tribunal" means The Commercial Registration

Appeal Tribunal under The Ministry of Consumer ff^^- ^^^'

and Commercial Relations Act. \

2. — (1) There shall be a Registrar of Condominium Prop- ^^sristrar
erty Management Firms who shall be appointed by the
Lieutenant Governor in Council for the purposes of this
Act.

(2) The Registrar may exercise the powers and shall duties
perform the duties conferred or imposed upon him by or
under this Act.

3. No condominium property management firm shall cond^lnium
manage a condominium property unless it is registered property

t ■, -n • ,i.» managrement

by the Registrar under this Act. firm

4. — (1) An applicant is entitled to registration or renewal ^jP^ristration
of registration as a condominium property management ^rms
firm by the Registrar except where,

(a) the past conduct of the applicant affords reason-
able grounds for the belief that it will not carry on
business in accordance with law and with integrity
and honesty; or

(b) the applicant is carrying on activities that are,
or will be, if the applicant is registered, in con-
travention of this Act or the regulations.

Conditions

registration

Notice of
proposal to
refuse or
revoke

Notice

requiring

hearing

Powers of
Registrar
where no
hearing

(2) A registration is subject to such terms and conditions
to give effect to the purposes of this Act as are consented
to by the applicant, imposed by the Tribunal or prescribed
by the regulations.

5. — (1) Where the Registrar proposes to refuse to grant
or renew a registration or proposes to suspend or revoke a
registration, he shall serve notice of his proposal, together
with written reasons therefor, on the applicant or registrant.

(2) A notice under subsection 1 shall inform the applicant
or registrant that it is entitled to a hearing by the Tribunal
if it mails or delivers, within fifteen days after the notice
under subsection 1 is served on it, notice in writing requiring
a hearing to the Registrar and the Tribunal, and it may so
require such a hearing.

(3) Where an applicant or registrant does not require
a hearing by the Tribunal in accordance with subsection 2,
the Registrar may carry out the proposal stated in his notice
under subsection 1.

Powers of
Tribunal

Conditions
of order

Parties

(4) Where an applicant or registrant requires a hearing
by the Tribunal in accordance with subsection 2, the
Tribunal shall appoint a time for and hold the hearing and,
on the application of the Registrar at the hearing, may by
order direct the Registrar to carry out his proposal or
refrain from carrying out his proposal and to take such
action as the Tribunal considers the Registrar ought to take
in accordance with this Act and the regulations, and for
such purposes the Tribunal may substitute its opinion for
that of the Registrar.

(5) The Tribunal may attach such terms and conditions
to its order or to the registration as it considers proper
to give effect to the purposes of this Act.

(6) The Registrar, the applicant or registrant who has
required the hearing and such other persons as the Tribunal
may specify are parties to proceedings before the Tribunal
under this section.

(7) Notwithstanding subsection 1, the Registrar may J^^o^^nt|^|'^jj
cancel a registration upon the request in writing of the
registrant in the prescribed form surrendering its registration.

6. Where the Registrar proposes to suspend or revoke gugpe^ion
a registration, the Registrar may, where the Registrar
considers it to be necessary in the pubhc interest, by order
temporarily suspend the registration and the order shall

take effect immediately and where a hearing is required,
the order expires fifteen days from the date of the notice
requiring the hearing unless the hearing is commenced in
which case the Tribunal holding the hearing may extend
the time of expiration until the hearing is concluded.

7 . Notwithstanding that a registrant appeals from an ^^^^^^^^
order of the Tribunal, the order takes effect immediately, stay
but the Tribunal may grant a stay until disposition of the
appeal.

8. Where, within the time prescribed therefor or, i^^ndSg*'^^®
no time is prescribed, before expiry of its registration, a renewal
registrant has applied for renewal of its registration, its
registration shall be deemed to continue,

{a) until the renewal is granted; or

(b) where it is served with notice that the Registrar
proposes to refuse to grant the renewal, until the
time for giving notice requiring a hearing has
expired and, where a hearing is required, until the
Tribunal has made its order.

9. A registration is not transferable. Registration

transferable

10. Every registrant shall file with the Registrar, Bond

(a) a personal bond accompanied by collateral security;

(b) a bond of a guarantee company approved under

The Guarantee Companies Securities Act; or ^fge*'^^"'

in such form, for terms, and $5,000 or such other amount
as the Registrar determines.

1 1 . Where the Registrar believes on reasonable and advertising
probable grounds that a condominium projjerty manage-
ment firm is making false, misleading or deceptive state-

merits in any advertisement, or that the advertisement is
in contravention of the regulations, the Registrar may
order the immediate cessation of the use of such advertising,
but the Tribunal may grant a stay until the Registrar's
order becomes final.

unregistered ^^' ^^ pcrson shall knowingly engage or use the services
condominium of a condominium property management firm that is not
management registered Under this Act.

Arm °

Inspection 13, — (J) The Registrar or any person designated by

him in writing may at any reasonable time enter upon the
business premises of a registrant to make an inspection to
ensure that the provisions of this Act and the regulations
are being complied with.

Idem

(2) Where the Registrar has reasonable and probable
grounds to believe that any person is acting as a con-
dominium property management firm without being regis-
tered, the Registrar or any person designated by him in
writing may at any reasonable time enter upon such firm's
business premises to make an inspection for the purpose of
determining whether or not the firm is in contravention of
section 3.

Powers

Insiwctlon

(3) Upon an inspection under this section, the person
inspecting,

{a) is entitled to free access to all books of account,
cash, documents, bank accounts, vouchers, cor-
respondence and records of the firm being inspected
that are relevant for the purposes of the inspection ;
and

Admissi-
bility of
copies

{b) may, upon giving a receipt therefor, remove any
material referred to in clause a that relates to the
purpose of the inspection for the purpose of making
a copy thereof, provided that such copying is
carried out with reasonable dispatch and the material
in question is promptly therafter returned to the
firm being inspected,

and no person shall obstruct the person inspecting or
withhold or destroy, conceal or refuse to furnish any in-
formation or thing required by the person inspecting for
the purposes of the inspection.

(4) Any copy made as provided in subsection 3 and
purporting to be certified by an inspector is admissible

in evidence in any action, proceeding or prosecution as
prima facie proof of the original.

14. — (1) Where the Registrar receives a written complaint investigation
in respect of a registrant and so directs in writing, the complaints
registrant shall furnish the Registrar with such information
respecting the matter complained of as the Registrar
requires.

(2) The direction under subsection 1 shall indicate the ^^®™
nature of the complaint involved.

(3) For the purposes of subsection 1, the Registrar or wem
any person designated in writing by him may on notice at
any reasonable time enter upon the business premises of

the registrant to make an inspection in relation to the
complaint.

15. The Minister may by order appoint a person to investigation

-' -^ "^ '^ on order

make an investigation into any matter to which this Act of

Miiilst6r

applies as may be specified in the Minister's order and
the person appointed shall report the result of his investi-
gation to the Minister, and for the purposes of the investi-
gation, the person making it has the powers of a commission
under Part II of The Public Inquiries Act, 1971, which ^^'^^' ^- '*^
Part applies to such investigation as if it were an inquiry
under that Act.

16. — (1) Where, upon a statement made under oath, the investigation
Registrar believes on reasonable and probable grounds that Registrar
any firm or person has,

(a) contravened any of the provisions of this Act or
the regulations; or

(6) committed an offence under the Criminal Code ^§-34^^^°'
(Canada) or under the law of any jurisdiction that
is relevant to his fitness for registration under
this Act,

the Registrar may by order appoint one or more persons to
make an investigation to ascertain whether such a con-
travention of the Act or regulation or the commission of
such an offence has occurred and the person appointed
shall report the result of his investigation to the Registrar.

(2) For purposes relevant to the subject-matter of an Powers
investigation under this section, the person appointed to investigator
make the investigation may inquire into and examine the

1971. c. 49

affairs of the firm or person in respect of whom the investi-
gation is being made and may,

(a) upon production of his appointment, enter at any
reasonable time the business premises of such firm or
person and examine books, papers, documents,
consumer files and things relevant to the subject-
matter of the investigation ; and

(b) inquire into negotiations, transactions, loans, bor-
rowings made by or on behalf of or in relation to
such firm or person and into property, assets or
things owned, acquired or alienated in whole or in
part by it or him or any person acting on its or his
behalf that are relevant to the subject-matter of
the investigation,

and for the purposes of the inquiry, the person making the
investigation has the powers of a commission under Part II
of The Public Inquiries Act, 1971, which Part applies to
such inquiry as if it were an inquiry under that Act.

Obstruction (3) a^q person shall obstruct a person appointed to make
Investigator an investigation under this section or withhold from him
or conceal or destroy any books, papers, documents or things
relevant to the subject-matter of the investigation.

Entry and
search

(4) Where a provincial judge is satisfied, upon an ex
parte application by the person making an investigation
under this section, that the investigation has been ordered
and that such person has been appointed to make it and
that there is reasonable ground for believing there are in
any building, dwelling, receptacle or place any books,
papers, documents or things relating to the firm or person
whose affairs are being investigated and to the subject-
matter of the investigation, the provincial judge may,
whether or not an inspection has been made or attempted
under clause a of subsection 2, issue an order authorizing
the person making the investigation, together with such
police officer or officers as he calls upon to assist him, to
enter and search, if necessary by force, such building,
dwelling, receptacle or place for such books, papers, docu-
ments or things and to examine them, but every such entry
and search shall be made between sunrise and sunset unless
the provincial judge, by the order, authorizes the person
making the investigation to make the search at night.

SSoks^'etc!^ (5) Any person making an investigation under this section
may, upon giving a receipt therefor, remove any books,
papers, documents or things examined under clause a of

subsection 2 or subsection 4 relating to the firm or person
whose affairs are being investigated and to the subject-
matter of the investigation for the purpose oi making copies
of such books, papers or documents, but such copying shall
be carried out with reasonable dispatch and the books, papers
or documents in question shall be promptly thereafter
returned to the firm or person whose affairs are being in-
vestigated.

(6) Any copy made as provided in subsection 5 and go^igg®*
certified to be a true copy by the person making the in-
vestigation is admissible in evidence in any action, proceed-
ing or prosecution as prima facie proof of the original book,
paper or document and its contents.

(7) The Minister or Registrar may appoint any expert to Appointment
examine books, papers, documents or things examined expert
under clause a of subsection 2 or under subsection 4.

17. — (1) Every person employed in the administration of ^^^^1^^^..^^^
this Act, including any person making an inquiry, inspection -a

or an investigation under section 13, 14, 15 or 16 shall pre-
serve secrecy in respect of all matters that come to his
knowledge in the course of his duties, employment, in-
quiry, inspection or investigation and shall not communi-
cate any such matters to any other person except,

{a) as may be required in connection with the ad-
ministration of this Act and the regulations or
any proceedings under this Act or the regulations ;

{b) to his counsel; or

(2) No person to whom subsection 1 applies shall be ^®c"i^°"^
required to give testimony in any civil suit or proceeding suit
with regard to information obtained by him in the course
of his duties, employment, inquiry, inspection or investi-
gation except in a proceeding under this Act or the regu-
lations.

18. — (1) Any notice or order required to be given, ^®''^*=®
delivered or served under this Act or the regulations is
sufficiently given, delivered or served if delivered personally
or sent by registered mail addressed to the firm or person
to whom delivery or service is required to be made at its
or his last-known address.

(2) Where service is made by mail, the service shall be
deemed to be made on the third day after the day of mailing
unless the firm or person on whom service is being made
establishes that it or he did not, acting in good faith, through
absence, accident, illness or other cause beyond its or his
control receive the notice or order until a later date.

^training 19^ — (J) Where it appears to the Registrar that any firm
or person does not comply with any provision of this Act,
the regulations or an order made under this Act, notwith-
standing the imposition of any j)enalty in respect of such
non-compliance and in addition to any other rights it
or he may have, the Registrar may apply to a judge of the
High Court for an order directing such firm or person to com-
ply with such provision, and upon the application, the
judge may make such order or such other order as the judge
thinks fit.

Appeal (2) An appeal lies to the Supreme Court from an order

made under subsection 1.

Offences 20. — (1) Every person who,

(a) knowingly furnishes false information in any appli-
cation under this Act or in any statement or
return required to be furnished under this Act or
the regulations;

{b) fails to comply with any order made under this
Act; or

(f) contravenes any provision of this Act or the
regulations,

and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty
of an offence and on summary conviction is liable to a fine
of not more than $2,000 or to imprisonment for a term of
not more than one year, or to both.

Corporations (2) Where a corporation is convicted of an offence under
subsection 1, the maximum penalty that may be imposed
upon the corporation is $25,000 and not as provided therein.

Limitation

(3) No proceeding under clause a of subsection 1 shall
be commenced more than one year after the facts upon
which the proceeding is based first came to the knowledge
of the Registrar.

(4) No proceeding under clause 6 or f of subsection 1 ^^^^
shall be commenced more than two years after the time when
the subject-matter of the proceeding arose.

21. — (1) A statement as to, certificate

evidence

(a) the registration or non-registration of any firm;

(b) the filing or non-filing of any document or material
required or permitted to be filed with the Registrar;

(f) the time when the facts upon which proceedings
are based first came to the knowledge of the
Registrar; or

{d) any other matter pertaining to such registration,
non-registration, filing or non-filing,

purporting to be certified by the Registrar is, without proof
of the office or signature of the Registrar, receivable in
evidence as prima facie proof of the facts stated therein
for all purposes in any action, proceeding or prosecution. ^

(2) Any document under this Act purporting to be signed ^irdster's
by the Minister, or any certified copy thereof, is receivable signature
in evidence in any action, prosecution or other proceeding
as prima facie proof that the document is signed by the
Minister without proof of the office or signature of the
Minister.

22. The Lieutenant Governor in Council may make Regulations /

regulations,

(a) exempting any class of condominium property
management firm from this Act or the regulations
or any provision thereof;

(6) governing applications for registration or renewal
of registration and prescribing terms and conditions
of registration ;

(f) providing for the expiration and renewal of regis-
trations ;

{d) requiring condominium property management firms
or any class thereof to be bonded in such form
and terms and with such collateral security as are

Commence-
ment

prescribed, and providing for the forfeiture of bonds
and the disposition of the proceeds;

{e) governing the form and content of advertising
by condominium property management firms;

(/) requiring and governing the books, accounts and
records relating to the due compHance with the
provisions of this Act that shall be kept by con-
dominium property management firms;

ig) prescribing further procedures respecting the con-
duct of matters coming before the Tribunal;

(A) prescribing forms for the purposes of this Act and
providing for their use; and

(i) requiring any information required to be furnished
or contained in any form or return to be verified
by affidavit.

23. This Act comes into force on the day it receives Royal
Assent.

Short title 24. The short title of this Act is The Condominium

Property Management Firms Act, J 977.

m
c

»««.

^
^

S3 >

^ 3 >

g 3 !4-

<^ 3 O

3 3^

r-t- -I

3 fD 2

t/3 --I "^

BILL 97 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act respecting the Sandwich,
Windsor and Amherstburg Railway

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

TORONTO
Printed bv J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The effect of the Bill is to change the name of the company that operates
the public transp>ortation system in the City of Windsor.

BILL 97 1977

An Act respecting the Sandwich,
Windsor and Amherstburg Railway

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

1 . The body corporate and politic created and con- corporation

■^ ' ^ » continued

stituted by section 3 of The Sandwich, Windsor andnnaer
Amherstburg Railway Act, 1930, being chapter 17, under "Transit
the name of the "Sandwich, Windsor and Amherstburg ^^^'^^"'^ '\

Railway Company" and re-created under that name by the
Statutes of Ontario, 1939, chapter 43, section 3, is con-
tinued as a body corporate under the name of "Transit
Windsor".

2. A reference in any general or special Act, or in any References
by-law, regulation, contract, agreement or other document etc.

to the Sandwich, Windsor and Amherstburg Railway Com-
pany shall be deemed to be a reference to Transit Windsor.

3. This Act shall be deemed to have come into force on ^°e^t"^°°*" ^
the 15th day of October, 1977.

4. The short title of this Act is The Sandwich, Windsor ^^'^^^^^^^^
and Amherstburg Railway Act, 1977.

3 5

^ EC

O "^

3 W

a> o

3 3

r+ O

3- 3

=-o^

«>

Si
Si.

•z

t^o

>>^

3
a*

»^

Si
Si.

3 3
3 fD

>^
3 ?.

3" 3;

a* <v

B. ^

Orq p

?d a.

BILL 97

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act respecting the Sandwich,
Windsor and Amherstburg Railway

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

TORONTO
Printed by J. C. Thatcher, Queens Printer for Ontario

BILL 97 1977

An Act respecting the Sandwich,
Windsor and Amherstburg Railway

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

1 . The body corporate and politic created and con- con^°nued°°
stituted bv section 3 of The Sandwich, Windsor and under

ZlftIH6

Amherstburg Railway Act, 1930, being chapter 17, under "Transit
the name of the "Sandwich, Windsor and Amherstburg
Railway Company" and re-created under that name by the
Statutes of Ontario, 1939, chapter 43, section 3, is con-
tinued as a body corporate under the name of "Transit
Windsor".

2. A reference in any general or special Act, or in any Jlf^^t"'^^^
by-law, regulation, contract, agreement or other document etc.

to the Sandwich, Windsor and Amherstburg Railway Com-
pany shall be deemed to be a reference to Transit Windsor.

3. This Act shall be deemed to have come into force on ment"*°^*
the 15th day of October, 1977.

4. The short title of this Act is The Sandwich, l^misoy ^^^^^ ""«
and Amherstburg Railway Act, 1977.

3 5'

"-I ' '

orq

<-i

•-1

3
3

n>
►I

o
o

•-1

•z

c-0

C/5

s*-

*>.

•-1

(-♦
3-

>3
1'

•-1

OO
(-^

(?Q

OfQ

h- »

t— '

-vl

w
O

-1

-n

(X>

•-t

t/>

r-»-

i-t-

•-1

cr>

orq

D-

BILL 98 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to revise
The Municipal Elections Act, 1972

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill revises the existing Municipal Elections Act, enacted in 1972
and extensively amended in 1974.

Among the principal changes incorporated in the Bill are the following:

1. When any proceeding relating to an election falls to be taken on
a holiday as defined in The Interpretation Act, the proceeding shall
be taken instead on the next preceding day that is not a holiday,
(s. l.par. 15; s. 120).

2. It is made clear that a candidate in an election is not eligible to
be appointed a deputy returning officer or a poll clerk, (s. 4 (1) ).

3. The clerk is empowered to delegate certain of his statutory duties
and authority to his election assistants, (s. 4 (6) ).

4. Polling day is changed from the first Monday in December to the
second Monday in November, (s. 11).

5. All qualified electors are entitled to vote on money by-laws,
rather than only owners of land and long-term tenants; the right
of corporate nominees to vote on money by-laws is removed.
(s. 16).

6. Nomination day is fixed as the Monday three weeks before polling
day; in addition nominations may be filed in the office of the clerk
during the week immediately preceding nomination day. (s. 35).

7. The occupation of a candidate will no longer be shown on nomination
papers or ballots, (ss. 36, 43).

8. The requirement for the use of a poll book is removed and a duplicate
polling list is to be used by the poll clerk in its stead, (s. 55).

9. Voting proxy certificates may be obtained from the clerk up to
the Friday preceding polling day. (s. 67 (5) ).

10. The clerk is given powers to adopt any necessary procedures for
the conduct of the p)oll when an emergency situation arises on
polling day. (s. 69).

11. Certain technical changes are made in respect of the procedure on
recounts, (s. 83).

12. Notices required under the Act, may, at the option of the munici-
pality, be printed in the French language in addition to the English
language, (s. 119).

13. Amendments are made to The Liquor Licence Act, 1975 to provide
that the provisions of The Municipal Elections Act, 1977 apply to
the taking of a vote under the first-mentioned Act. At present,
while the taking of a vote is generally to be held on the same day
as the vote is taken under The Municipal Elections Act, 1972 the
provisions of The Election Act (that govern elections to the
Assembly) apply in respect of such matters as the preparation
and revision of the lists, the time and manner of holding of the
poll, the forms and oaths to be used and administered and the
powers and duties of returning officers. Confusion will be avoided
if the same procedures apply in respect of the taking of the vote
in both cases, (ss. 121-124).

BILL 98 1977

An Act to revise
The Municipal Elections Act, 1972

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

1. In this Act, Interpre-

' tation

1. "advance poll" means a poll held under section 66;

2. "assessment commissioner" in relation to a munici-
pality means the assessment commissioner appointed
under The Assessment Act for the assessment region in ^12^" ^^^°'
which the municipality is situate ;

3. "assistant returning officer" means a person appointed
by the clerk to assist him in the conduct of the
election ;

4. "assistant revising officer" means a person appointed
by the clerk to assist him in the revision of the list of

electors ; \

5. "candidate" means a person who is nominated for
election to office in accordance with this Act and
whose nomination is certified by the clerk ;

6. "clerk" with respect to a municipality means the
clerk of the municipality ;

7. "constable" means a constable or a person appointed
as a constable by the clerk or the deputy returning
officer to maintain peace and order at an election ;

8. "corrupt practice" means any act or omission in
connection with an election in respect of which an
offence is provided under the Criminal Code (Canada) ^§-34 ^^^°"
or which is a corrupt practice under this Act ;

9. "deputy returning officer" means a deputy returning
officer appointed for a polling place under this Act ;

10. "election" means an election governed by this Act;

11. "election assistant" means a person appointed by the
clerk to assist in the conduct of an election ;

12. "election year" means a year in which a regular
election is held in accordance with the provisions
of this Act;

13. "elector" means a person entitled under this Act to
vote in an election;

R.S.0. 1970. 14 "enumerated" means enumerated under The Assess-

0.32

ment Act;

^m ^^°' ^^- "holiday" means a holiday as defined in The Interpre-

tation Act;

16. "local board" means a local board as defined in
R.S.0. 1970, The Municipal Affairs A ct ;

17. "locality" means territory without municipal organ-
ization that is deemed a district municipahty under

1974. c. 109 The Education Act, 1974;

18. "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;

19. "municipality" means a city, town, village or town-
ship;

20. "new election" means an election other than a regular
election ;

21. "nomination day" means the last day for filing
nominations ;

22. "oath" includes an affirmation;

23. "office" means an office, the election to which is
governed by this Act ;

24. "owner or tenant" means a person enumerated as
owner or tenant of land separately assessed or liable
to be separately assessed under The Assessment Act;

25. "polling day" means the day on which the poll is to
be taken under this Act ;

26. "polling list" means the list of electors for each
polling subdivision revised and certified by the clerk ;

27. "polling place" means the area designated by the
clerk in which the facilities for the conduct of the
poll are situate ;

28. "polling subdivision" means a polhng subdivision
established by the clerk under this Act ;

29. "prehminary list" means a preliminary list of
electors ;

30. "prescribed" means prescribed by the Minister;

31. "public school elector" means an elector who is not a
separate school elector ;

32. "quorum" means a majority of the members of
council or of a local board or the trustees of a police
village, as the case may be;

33. "regular election" means an election required to be
held under section 10 of this Act;

34. "residence", and similar expressions used in relation
to a person, means his true, fixed, permanent home
or lodging place to which whenever he is absent he
has the intention of returning, subject to the
following rules :

{a) The place where a person's family resides shall
be his residence unless he takes up or continues
his residence at some other place with the in-
tention of remaining there, in which case he
shall be deemed to be a resident of such
other place .

{b) The place where a person occupies a room or
part of a room as a regular lodger or to which
he habitually returns not having any other
permanent lodging place, shall be deemed to
be his residence ;

35. "scrutineer" means any person appointed as a
scrutineer by a candidate or by a council under
section 6;

36. "separate schnol elector" means an elector who is a
Roman Catholic separate school supporter or who is
a Roman Catholic and the spouse of such supporter
and any person entitled to be a separate school elector
under The Education Act, 1974. 1972, c. 95, s. I;i974.c.i09
1974, c. 32, s. 1, amended.

APPLICATION OF ACT

Application 2. Notwithstanding any other general or special Act,
this Act applies to and governs all elections,

{a) to the offices of,

(i) member of the council of a municipality,

(ii) member of the council of a regional munici-
pality where such office is required to be
filled by a vote of the electors of an area
municipality,

(iii) trustee of a police village,

(iv) member of a local board whose members are
to be elected at elections required by law to
be conducted by the same officers and in the
same manner as elections of members of the
council of a municipality;

(b) to obtain the assent of electors on any by-law
required or authorized by law to be submitted for
their assent at an election ; and

(c) to obtain the opinion of the electors on any question
required or authorized by law to be submitted to
the electors at an election. 1975, c. 95, s. 2 (1),
amended.

ELECTION OFFICIALS

Returning 3.— (1) Subject to subsections 2 and 3, the clerk of a
raising municipality is the returning officer and revising officer for
the purpose of the conduct of elections within the munici-
pality or a part thereof.

offlceHn"*"' (^^ ^^^ ^^^ purpose of elections of trustees of a police

police village, the clerk of the municipality in which the police

village is located shall be the returning officer for the election

and where the police village is located in two or more

municipalities,

{a) the nominations for trustees shall be filed with the
clerk of the municipality having the largest number
of electors of the police village who shall send to the
clerk of each municipality concerned by registered
mail within forty-eight hours after the closing of
nominations the names of the candidates ; and

(b) the clerk of each other municipality in which part
of the police village is located shall be the returning
officer for the vote to be recorded in his munici-
pality and he shall forthwith report the vote recorded
to the returning officer referred to in clause a who
shall prepare the final summary and announce the
vote.

(3) The clerks of municipalities to which subsections 23 9^®J^^
and 28 of section 57 and subsection 21 of section 110 of The relation to
Education Act, 1974 apply shall perform the duties as boards
returning officers for the purposes of an election under this '^^^' °- ^^
Act as are specified in those provisions. 1972, c. 95, s. 3,
amended.

4. — (1) The clerk of every municipality shall for the pur- °-^°,-^u.^
poses of an election appoint a deputy returning officer and a
poll clerk for each polling place established in the municipality
and, as far as is practicable, the deputy returning officers
and poll clerks shall be appointed for polling places for the
polling subdivisions in which they reside but no candidate is
eligible to be appointed as a deputy returning officer or poll
clerk. 1972, c. 95, s. 4 (1), amended.

(2) If a deputy returning officer or poll clerk signifies to the^h^^^e^
clerk that he will not act, the clerk shall appoint another to act
person to act in his place.

(3) If a deputy returning officer or poll clerk does not Non-^^^^^^
attend at the opening of the poll, the clerk shall appoint of dr^o^
another person to act in his place.

(4) If a deputy returning officer through illness or for any other fo°act^fo''r'^
reason becomes unable to perform his duties on polling day.ORO.
the clerk shall appoint another person to act in his place.

1972, c. 95, s. 4 (2-4), amended.

(5) The clerk may appoint election assistants, assistant Assistants
returning officers and assistant revising officers to assist him

in the performance of his duties and provide for such clerical
and other assistance as is necessary for such purpose, but no
candidate is eligible for any such appointment. 1972, c. 95,
s. 4 (5), amended.

(6) The clerk may, in writing, delegate to the assistant b®ifj|r"°°
returning officers and assistant revising officers appointed

under subsection 5, such of his statutory rights and duties
in relation to the preparation for and conduct of the election
as he considers necessary. New.

Duties of
poll clerk

Oath

Oath of
D.R.O.

(7) The poll clerk and an election assistant, if any, shall
assist the deputy returning officer in the performance of the
duties of his office and shall obey his orders. 1972, c. 95,
s. 4 (6).

(8) Every returning officer, deputy returning officer, poll
clerk, election assistant, assistant returning officer, assistant
revising officer, scrutineer, constable and other person author-
ized to attend at a polling place shall, before entering upon
his duties, take and subscribe an oath in the prescribed form.
1972, c. 95, s. 4 (7); 1974, c. 32. s. 2.

(9) The appointment and oath of the deputy returning
officer under subsection 8 shall be endorsed upon or attached
to the polling list maintained by the poll clerk for the polling
place for which he is appointed. 1972, c. 95, s. 4 (8), amended.

administer ®* — ^^^ Except where otherwise provided, an oath may be
oaths administered by any person authorized by law to administer

oaths in Ontario.

Idem

No chargre

(2) The clerk may administer any oath required by this Act,
and deputy returning officers and poll clerks may administer
any such oath except an oath to be taken by the clerk.

(3) Every person administering an oath under or for the
purposes of this Act shall administer the oath gratuitously.
1972, c. 95, s. 5.

appoiri°ed'by ^' — ^^) Each Candidate may appoint in writing such

candidate number of persous who are at least sixteen years of age as he

considers advisable as scrutineers to represent him in a

p)olling place and at the counting of votes under this Act.

1972, c. 95, s. 6 (1), amended.

Limit on

number

present

Scrutineers
appointed
by council

(2) Not more than one scrutineer representing each can-
didate may be present for any of the purposes specified in
subsection 1 at any time. 1972, c. 95, s. 6 (2).

(3) The council of a municipality may, if requested to
do so, by resolution appoint as scrutineers in relation to
voting on any by-law or question submitted to the electors
at an election two persons to attend at the final summing
up of the votes by the clerk and two persons to attend at each
polling place, one such person in each case on behalf of the
persons interested in and desirous of promoting the proposed
by-law or voting in the affirmative on the question and the
other such person on behalf of the persons interested in and
desirous of opposing the proposed by-law or voting in the
negative on the question. 1972, c. 95, s. 7 (1).

7. A person appointed as a scrutineer under section 6, Production
before being admitted to a polling place shall, if so requested, appointment
produce and show his appointment to the deputy returning
officer for the polling place. 1974, c. 32, s. 4, amended.

COSTS OF ELECTION

8. — (1) Except where otherwise specifically provided by cost ?f
this or any other special or general Act, the cost of an
election shall be borne by the municipality in which it is held.

(2) The reasonable expenses incurred by a clerk or any other of^^'Jfel-s
officer for printing, providing ballot boxes, ballot papers,
materials for marking ballot paper, and balloting compart-
ments, and for the transmission of packets, and reasonable

fees and for allowances for services rendered under this Act or
otherwise on account of an election shall be paid by the
treasurer of the municipality to the persons entitled thereto.
1972, c. 95, s. 8(1, 2).

(3) Where the clerk of a municipality is required to conduct Expenses of

^ ' r J ~i by-election

an election of a member or members of a local board other of locai
than at a regular election, the board shall forthwith reim-
burse the treasurer of the municipality for the cost of em-
ploying deputy returning officers, poll clerks and other election
officials and for the reasonable expenses incurred by the clerk
or any other officer of the municipality for advertising the
times and places for nomination and of polls, for printing,
for providing ballot boxes, ballot papers, materials for marking
ballot papers, and balloting compartments, for the trans-
mission of packets, and for reasonable costs including the
cost of printing and distribution of but not preparation other-
wise of the polling list. 1972, c. 95, s. 8 (3), amended.

TEKM OF OFFICE

9. — (1) Notwithstanding any other general or special Act ^g^^'^^*'"
and except where otherwise specifically provided in this Act, the
term of office of all offices, the election to which is governed
by this Act, shall be two years, commencing on the first day
of December in an election year. 1972, c. 95, s. 9 (1), amended.

(2) The holders of offices hold office until their successors untiinew

^ ' council

are elected and the newly elected council or local board is organized
organized. 1972, c. 95, s. 9 (2).

BIENNIAL ELECTIONS

10. — (1) An election shall be held in accordance with this Election

vGftr

Act in each municipality in the year 1978 and in every

Vote on

question.

etc.

1976. c. 40

second year thereafter for the purpose of electing persons
to offices. 1972, c. 95, s. 10 (1), amended.

(2) Where a by-law requires the assent or a question is
authorized or required to be submitted to obtain the opinion
of the electors, the vote thereon shall be taken at the next
regular election unless otherwise provided by order of the
Ontario Municipal Board or in the case of a question sub-
mitted under The Liquor Licence Act, 1975, unless the Liquor
Licence Board approves the taking of the vote on some other
day. 1972, c. 95, s. 10 (4), amended.

Polling
day

POLLING DAY

11. Polling day in a regular election shall be the second
Monday in November in each election year. 1972, c. 95,
s. 11, amended.

QUALIFICATION OF ELECTORS

Electors,
resident

Electors,
non-resident

12. A person is entitled to be an elector in a municipality
if he is not disqualified under this or any other Act or
otherwise prohibited by law from voting in the election and
if. at any time during the period commencing on the Tuesday
following the first Monday in September and ending on the
second Tuesday in October in an election year, he,

[a) is a resident in such municipality ;

[b) is a Canadian citizen or other British subject ; and

{c) has attained the age of eighteen years or on or before
polling day will attain the age of eighteen years.
1974, c. 32, s. 5, part.

13. A person is entitled to be an elector in a municipality
if he is not disqualified under this or any other Act or other-
wise prohibited by law from voting in the election and is not
resident in such municipality at any time during the period
commencing on the Tuesday following the first Monday in
September and ending on the second Tuesday in October in
an election year, but at any time during such period, he.

{a) is the owner or tenant of land in the municipality
or the spouse of such an owner or tenant ;

(6) is a Canadian citizen or other British subject; and

[c) has attained the age of eighteen years or on or before
polling day will attain the age of eighteen years.
1974. c. 32, s. 5, part.

14. No judge of any court is qualified to vote in any Judges not
election. 1974, c. 32, s. 5, part. to vote

15. For the purpose of sections 12 and 13, a statutory ^Y^^^^'^^.^f

1, ■ , I- 1 ,• /-,• •• citizenship

declaration by a person claiming that he is a Canadian citizen
or other British subject is prima facie proof of the fact
declared to. 1972, c. 95, s. 14.

QUALIFICATION OF ELECTORS TO VOTE ON MONEY BY-LAWS

1 6. Every person entitled to be an elector in a municipality ^^J" ^^^
under section 12, 13 or 33 is entitled to be an elector to vote on ^^^faws
a money by-law submitted for the assent of the electors of the
municipality. 1972, c. 95, s. 15, part.

POLLING SUBDIVISIONS

17. Subject to section 18, the clerk shall divide the Po^Jjif^fgio^s
municipahty into polling subdivisions and shall not later

than the first day of April in an election year inform the

assessment commissioner of the boundaries of each sub- "A^

division. 1972, c. 95, s. 17 (1); 1974, c. 32, s. 8, amended.

18. A polling subdivision shall not, so far as is practicable, size

(a) contain more than 350 electors; or

{b) extend beyond the boundaries of one ward or of an
electoral district established for the purposes of the
election of members to the Assembly. 1972, c. 95,

s. 17 (2).

PREPARATION OF PRELIMINARY LIST OF ELECTORS

19. An assessment commissioner shall, during the period p^ch mi nary
commencing on the Tuesday following the first Monday in electors
September and ending on the 30th day of September in an
election year, from an enumeration taken during that period,
compile for each polling subdivision in each municipality and
locality in his assessment region a list containing the name

and address of each person who meets the requirements for
an elector under section 12 or 13 and such list shall signify
opposite the name of an elector,

(fl) who does not reside in the municipality, that he
does not so reside ;

[b) who is enumerated as a Roman Catholic separate
school supporter, that he is a separate school
elector ;

1974, c. 109

For polling
subdivision
where no
wards

(c) who is a Roman Catholic and the spouse of a Roman
Cathohc separate school supporter, that such spouse
is a separate school elector ;

(d) who is enumerated as a separate school elector in
accordance with The Education Act, 1974, that he is
a separate school elector;

(e) who is an owner or tenant of land in the municipality,
that he is such an owner or tenant. 1972, c. 95,
s. 18; 1974, c. 32, s. 9, amended.

20. — (1) In a municipality or locality that is not divided
into wards, the name of an elector shall be entered on the
preliminary list,

(a) for the polling subdivision in which the elector
resides ; or

(6) if the elector does not reside in the municipality
or locality, for the polling subdivision in which he or
his spouse is owner or tenant of land.

For one
polling
subdivision
only

(2) The name of an elector shall not be entered under this
section on the preliminarv list for more than one polling sub-
division. 1972, c. 95, s. 19.

subdivision ^^ ' — ^^^ ^" ^ municipality that is divided into wards, the
where wards name of an elector shall be entered in the preliminary list,

{a) where he resides in the municipality, for the polling
subdivision in which he resides; or

[b) where he does not reside in the municipality, for a
polling subdivision of a ward in which he or his
spouse is the owner or tenant of land.

poHiiur ^^^ ^^*-' "^"^^ of an elector shall not be entered under this

subdivision section in the preliminary list for more than one polling
subdivision. 1972, c. 95, s. 20.

List

delivered
to clerk

22. The assessment commissioner shall deliver the list of
electors prepared by him under sections 19, 20 and 21 to the
clerk and, in respect of a locality, to the secretary of the school
board on or before the thirty-first day after the commence-
ment date of the enumeration period in an election year.
1972, c. 95, s. 21, amended.

of°ffif*°° 23. Where it is apparent to the clerk or the secretary

manifest of the school board that the list or part thereof delivered to

errors in it

him under section 22 is not in conformity with the require-

ments for the polling subdivisions or that the list contains
gross or manifest errors, the clerk or the secretary, as the
case may be may, prior to the printing or reproduction of
the list required under section 24, correct the Hst or part
thereof and shall forthwith notify the assessment commissioner
of such corrections. 1974, c. 32, s. 10, amended.

PRELIMINARY LIST OF ELECTORS

24. Immediately after receipt of the list of electors q/"|P^*°^
delivered by the assessment commissioner under section 22,
the clerk or secretary of the school board referred to in the
said section 22, after making corrections, if any, under sec-
tion 23, shall,

(a) cause the list to be printed or reproduced and such
list shall be the preliminary list of electors ;

{b) fix the places at which and the times when revision \

of the list will be undertaken, and such revision
shall commence no later than fourteen days after
delivery of the list to the clerk under section 22 ;

(c) post notice of the date of the posting of the list,
the last day for filing applications for revision of
the list for the purpose of including names of electors
who have not been included or of making additions

or corrections to or deletions from the list, and the /

places and times at which the revision of the hst '

will be undertaken in at least two conspicuous places
in the municipality, and where there is a newspaper
having general circulation in the municipality,
publish the notice in such newspaper. 1974, c. 32,
s. 11 , amended.

REVISION OF PRELIMINARY LIST OF ELECTORS

25. — (1) Immediately after the printing or reproduction ^^j^^^ion
of the preliminary list of electors, the clerk shall post one
copy of the list in a conspicuous place in his office and in at
least two other conspicuous public places in the municipality.
1972, c. 95. s. 23 (1); 1974. c. 32, s. 12 (1), amended.

(2) The day of posting copies of the preliminary list and of Jo^fn"""
publishing the notice under subsection 1 shall be at least five

Last day
for flling
applications
for revision
of prelimin-
ary list

days before the last day for filing applications for revision.
1972, c. 95. s. 23 (2); 1974, c. 32, s. 12 (2), amended.

(3) The last day for the filing of applications for revision
of the preliminary list shall be the seventeenth day im-
mediately preceding polling day and such applications may
be filed with the clerk during his normal office hours. 1974,
c. 32, s. 12 (3), amended.

Notice
affixed
to list

(4) The clerk shall affix to the outside or cover of each copy
of the preliminary list of electors for an election a notice in
prescribed form, over his name.

Copies
of list

(a) stating that the list is a preliminary list of all
electors for the election or is a preliminary list of
all electors for the polling subdivision, as the case
may be, prepared as required by this Act ;

{b) setting forth the date on which the list was posted up
in the office of the clerk ;

(c) giving notice to all electors to examine the list for the
purposes of making additions or corrections to or
deletions from the list ; and

[d] stating the last day for filing applications concerning
such inclusions, additions, corrections or deletions.
1972, c. 95, s. 23 (3); 1974, c. 32, s. 12 (4).

(5) At the time of posting a notice under subsection 1, the
clerk shall deliver or mail one copy of the preliminary list to,

{a) the assessment commissioner ;

{h) every member of the council of the municipality and
every trustee of a police village all or part of which
is in the municipality ;

(c) the secretary of every local board the members of
which are required to be elected at an election to be
conducted by the clerk ;

[d) the clerk of the council of the county or of the district,
regional or metropolitan municipality in which the
municipality is situate ;

(e) the clerk of the municipality responsible for con-
ducting the elections in any combined area for school
board purposes;

(/) the member of the House of Commons and the
member of the Assembly representing the electoral
district in which the municipality or any part thereof
is situate.

(6) Every candidate for any office in an election is entitled entitied^^^
to be furnished by the clerk with two copies of the preliminary to copies
list of electors entitled to vote in an election to such office.
1972,c. 95, s. 23(4.5).

26. — (1) The clerk or an assistant revising officer shall ^f®jY||i°°
attend at the revision of the preliminary list and shall con-
tinue to do so from day to day or as required until all
applications filed on or before the last day for filing appli-
cations for revision of the list have been disposed of. 1974,
c. 32, s. 13, part, amended.

(2) Notwithstanding that the time for filing applications whe°,g^,.j^j^g
for revision of the preliminary list under section 25 has not ^^^j^g^ed
expired, the clerk may proceed to consider such applications
as from time to time may be received and may determine
and dispose of them. 1974, c. 32, s. 13, part.

27. — (1) A person whose name has not been included in the fj'l'nte^'name
prehminary list for a polling subdivision in a municipality insist or
or whose name has been included therein but the informa- information
tion relating to him set out therein is incorrect or whose
name has been included therein as a non-resident and who
is qualified to be an elector in more than one ward in the
municipality may apply to the clerk or assistant revising
officer of the municipality on or before the last day for filing
applications for revision of the list to have his name included
on the list or to have such information corrected or to have
his name deleted from the list and to have it entered in the
list of another ward in which he or his spouse is the owner
(H tenant of land.

(2) Every person applying under this section shall sign Application
an application in the prescribed form in which all the informa- declaration
tion shall be sufficiently filled in, either by the applicant
personally or by the clerk or assistant revising officer at the
applicant's request and shall declare that he understands
the effect of the statements in the application and that he
is an elector entitled to have his name included on the list
or to have the list corrected pursuant to his request before
the clerk or assistant revising officer enters his name on the
list or corrects the preliminary list, as the case may be.
1972, c. 95, s. 25(1, 2).

Application
filed person-
ally or by
agent

(3) An application made under this section and duly
signed by the applicant may be filed by the applicant or by
his agent on his behalf. 1974, c. 32, s. 14.

Interpreter (4) When the language of an applicant under this section is
not understood by the clerk or assistant revising officer, an
interpreter provided by the applicant may be sworn and may
act, but in the event of inability to secure an interpreter, the
application may be refused.

Decision
to amend
list

Refusal to
amend list

Application
for deletion
of name

(5) If it appears to the clerk or assistant revising officer
that an applicant under this section understands the effect of
the statements in the application and that the applicant is an
elector whose name should be included in the polling list or
that the amendment thereof that he requests should be made, he
shall certify accordingly by signing the application.

(6) If, in the opinion of the clerk or assistant revising
officer, the statements made by an applicant in his applica-
tion under this section do not show that the applicant is an
elector entitled to have his name included in the polling list or to
have the list amended as requested, he shall inform the
applicant that his application is refused, stating the reasons
for such refusal, which reasons he shall endorse on the
application form. 1972, c. 95, s. 25 (3-5).

28. — (1) At any time after the posting of the preliminary
list of electors for a municipality and until the last day for
filing applications for revision thereof, any person may file
with the clerk an application, in the prescribed form, for
deletion from the list of the name of a person who is not
entitled as an elector to have his name entered thereon.
1972, c. 95, s. 26 (1); 1974. c. 32, s. 15 (1).

Notice to
person
where name
objected to

Copy of
application
to be served

Notice to
applicant

Decision of
clerk, etc.

(2) The clerk, upon receipt of an application under this
section, shall forthwith cause to be served personally on or
sent by registered mail to the person concerning whom the
apphcation is made at the address given in the prehminary
list and at such other address, if any, as may be mentioned
in the application, a notice of hearing requiring such
person to appear in person or by his representative on a day
and at a time to be fixed in the notice.

(3) A copy of the application shall accompany a notice
served or sent under subsection 2.

(4) The clerk shall notify the applicant of the time and
place of the hearing.

(5) On the day for the hearing fixed in a notice given
under this section, the person filing the application shall

attend before the clerk or assistant revising officer to
establish the validity of such application and the clerk or
assistant revising officer, after reviewing an explanation of
the facts alleged and after hearing what is alleged by the
person concerning whom the application was made or by his
representative, may delete the name from the preliminary
list if the clerk is satisfied of the validity of the application.

(6) Where a person concerning whom an apphcation where person
has been made under this section or his representative does does not
not attend before the clerk or assistant revising officer on the
day of hearing fixed in the notice and the clerk or assistant
revising officer is satisfied that due notice of application
has been given to the person or that he could not be found
and the registered notice could not be delivered, the clerk
or assistant revising officer may delete the name of such
person from the preliminary list of electors but shall not
do so except upon evidence under oath which satisfies him
that the name should not have been included in the list.
1974, c. 32. s. 15 (2).

20. Subject to section 33 or 56, the decision of the clerk or flnaP*°" "\

assistant revising officer to enter on or delete the name of a
person as an elector from the preliminary list of electors is final
for the purposes of this Act. 1972, c. 95, s. 27.

30. Upon determination of all applications for revision of ff chanl"^
the preliminary list of electors for a municipality filed on or
before the last day for filing applications for revision
thereof, the clerk shall compile a statement of inclusions

in, additions and changes to and deletions from the list,
bearing the full name and address of each person who is
the subject of the inclusion, addition, change or deletion,
and shall send a certified copy of such statement to each
person specified in subsections 5 and 6 of section 25.
1974, c. 32, s. 16, amended.

POLLING LIST

31. After compilation of the statement of additions, po"*"^"^'^
changes and deletions required under section 30, the clerk shall
prepare the polling list of electors for each polling subdivision

in his municipality by making the appropriate changes in the
prehminary list in accordance with the statement and shall
certify the list as so revised. 1972, c. 95, s. 29 (1).

32. Except as provided in sections 33, 51 and 56 no per- p^i^ons
son is entitled to vote at an election unless his name appears '"H"^ ^

, ... ,. •/- 1 1 • -«. entitled

in the polling list certified under section 31 for the polling to vote
subdivision in which he tenders his vote. 1972, c. 95, s. 30.

Entry of name 33^ — ^j) jf a person whosc name is omitted from a polling
D.R.o. list certified under section 31, at any time after preparation of

the polling list and prior to the closing of the poll, satisfies
the clerk of the municipality on oath that he was entitled
to be an elector under section 12 or 13 and to have his
name entered on the preliminary list for the municipality,
the clerk may issue a certificate in the prescribed form author-
izing the deputy returning officer for the proper polling sub-
division to enter the name of the elector on the polling list
for the subdivision and to permit such person to vote, but
such vote must be cast before the closing of the poll.

wem (2) Where the name of a person is omitted from the polling

list as finally revised and such person satisfies the clerk of the
municipality on oath that he was under section 12 or 13
otherwise entitled to be an elector and to be entered on the
preliminary list except that he was not a Canadian citizen
or other British subject, if such person produces for the
inspection of the clerk his certificate of naturalization or other
conclusive evidence that he has become a Canadian citizen
or other British subject, the clerk may issue a certificate
authorizing the proper deputy returning officer to enter the
name of such person on the polling list to entitle him to vote
as if his name had been entered thereon before the list was
revised. 1974, c. 32, s. 18 (1).

tobe'*^*'^ (3) A person is not entitled to vote under this section unless

produced at the time he requests a ballot he produces and files with the

deputy returning officer the certificate given by the clerk under

subsection 1 or 2. 1972, c. 95, s. 31 (3) ; 1974, c. 32. s. 18 (2).

ass^L*ment ("*) '^^^ clerk shall furnish a copy of each certificate issued
com- under this section to the assessment commissioner before

missioner

the first Monday in December. 1974, c. 32, s. 18 (3), part,
amended.

Entry on

f tolling
ist

(5) The deputy returning officer shall enter or cause to be
entered on the polling list maintained by the poll clerk
opposite the name and residence of the person voting under
the authority of a certificate issued under this section, the
words "Voted under section 33 certificate".

(6) The deputy returning officer shall enclose all certi-

Certiflcates
to be kept

in separate ficatcs to which this scction applies in one envelope. 1974,

envelope ->o 10 /ox a .. j j

c. 32, s. 18 (3), part, amended.

NOMINATIONS

Who may be
nominated

34. Any person who is qualified to hold an office under the
Act constituting the office may be nominated as a candidate
for such office. 1972, c. 95, s. 32.

35. — (1) Nomination day for a regular election shall be domination
Monday, the twenty-first day before polling day. 1972,
c. 95, s. 33(1).

(2) Persons may be nominated as candidates in an ^^"°*^
election between 9 o'clock in the forenoon and 5 o'clock nomination
in the afternoon of nomination day, but nothing in this
section prevents a person from filing a nomination paper

with the clerk during his normal office hours in the week
immediately prior to nomination day. 1974, c. 32, s. 19 (2),
part, amended.

(3) The clerk shall, at least six days prior to nomination ^^^}^^
day, post in at least two conspicuous places in the munici- for filing
pality notice of the date and times for filing nominations

and of the offices for which persons may be nominated as
candidates in the election, "and, where there is a newspaper
having general circulation in the municipality, publish at
least six days prior to nomination day the notice in such
newspaper. 1974, c. 32, s. 19 (2), part, amended.

36. — (1) A person may be nominated as a candidate for nominated
an office by filing in the office of the clerk, on the days and
during the hours specified in subsection 2 of section 35, a
nomination paper in prescribed form which,

(fl) shall be signed by at least ten electors whose names
are entered, or entitled to be entered under section
33, in the polling lists of electors entitled to vote
in an election to such office;

{b) shall state the name and address of the person
nominated in such manner as will identify him and
the office for which he is nominated; and

(c) shall state the name and address of each elector
signing the nomination paper and, where the office
for which the person is nominated is a member of a
school board, that such nominator is a public school
elector or a separate school elector, as the fact is.
1974, c. 32, s. 20 (1), amended.

(2) No nomination is valid unless there is filed with the consentand

. . ....... declaration

nomination paper a consent in writing to the nomination and tobeflied
a declaration of qualification in the prescribed form by the
person nominated. 1972, c. 95, s. 34 (2).

(3) A nomination paper nominating a person for an f>fficc ^^.^''J^^
the holder of which is required to be elected by public school nominators
electors shall be signed by pjublic school electors only. 1972,

c. 95, s. 34 (3) ; 1974. c. 32, s. 20 (2).

Separate
school

(4) A nomination paper nominatinf,' a person for an office
nominators the holder of which is required to be elected by separate school
electors shall be signed by separate school electors only.
1072. c. 95. s. 34 (4); 1974, c. 32, s. 20 (3).

Separate

nomination

papers

(5) Each person to be nominated for election to an office
shall be nominated by a separate nomination paper, but an
elector may sign more than one nomination paper for the
same person and the nomination papers of more than one
person. 1972, c. 95, s. 34 (5), amended.

(6) After a nomination paper is filed with the clerk it shall

Clerk
to Iteep

nomination remain in the possession of the clerk.

paper '^

Onus on

person

nominated

(7) The onus is on the person nominated for election to an
office to file a bona fide nomination paper. 1972, c. 95,
s. 34 (6, 7).

Endoraation 37^ — (!) Where a nomination paper is filed in the office of a
clerk, the clerk or his assistant returning officer shall endorse
upon it the date and time of its filing. 1972, c. 95, s. 35 (1).

ofcierk**^^ (2) Where a nomination paper is filed in the office of a

clerk prior to nomination day, the paper shall be examined
by the clerk and, if he is satisfied that the requisite number
of the nominators whose signatures appear on the nomination
paper are electors entitled to vote for the office, he shall so
certify in writing. 1972, c. 95, s. 35 (2) ; 1974, c. 32, s. 21 (1).

Posting (3) When the nomination papers have been certified by

the clerk he shall cause the name and address of each
candidate nominated and the office for which the candidate
is nominated to be posted up in his office or other con-
spicuous place open to inspection by the public. 1972,
c. 95, s. 35 (3), amended.

flied'on ^^^ Where a nomination paper is filed in the office of a

nomination clerk on nomination day,

day ■^

(a) the clerk shall accept the nomination paper and
cause the name of the person nominated to be posted
up in accordance with subsection 3 ;

(6) if, on examination of the nomination paper prior to
4 o'clock in the afternoon on the day following
nomination day. it appears to the clerk that the
requisite number of nominators whose signatures
appear on the nomination paper are not electors
entitled to vote for the office, he shall reject the
nomination and give notice of the rejection im-

mediately by registered mail to the person nominated
and all candidates for that office, but if he is satisfied
that the nominators meet such requirements, he
shall so certify in writing. 1072, c. 95, s. 35 (4);
1974, c. 32, s. 21 (2), amended.

(5) Certification by the clerk in accordance with subsection 2 by^c"erk^*°"
or 4 with respect to a nomination paper shall be conclusive
evidence of the facts certified and shall not be open to
challenge thereafter. 1972, c. 95, s. 35 (5), amended.

(6) The clerk shall establish and maintain in his office a ^indfiates
list setting out the name and residence of every candidate

whose nomination has been certified under this section for the
respective offices for which persons may be nominated in the
order of certification and copies of this list shall be promin-
ently displayed in one or more locations and the list shall
be completed no later than 4 o'clock in the afternoon of the
day following nomination day. 1972, c. 95, s. 35 (6); 1974,
c. 32, s. 21 (3), amended.

DEATH OF A CANDIDATE

38. If as a result of a candidate nominated for election to flection on

deatn of

an office dying before the close of the poll for the election, candidate

{a) a person would be elected by acclamation to such
office, the election to such office is void and a new
election shall be held to fill such office ; or

(6) no person would be elected by acclamation to such
office, the name of the deceased candidate shall be
omitted from the ballots or if the ballots have already
been printed, the clerk shall cause notice of the death
of the candidate to be posted up in a conspicuous
place in every polling place and the election shall be
proceeded with as if the deceased candidate had not
been nominated. 1972, c. 95, s. 36.

WITHDRAWAL OF NOMINATIONS

39. — (1) A person nominated as a candidate in an election Jj.^^5^*^**^
may withdraw his nomination by instrument in writing, verified "on
by his affidavit and delivered to the clerk before 5 o'clock
in the afternoon of the day following nomination day.

(2) Where a person has been nominated for more than one dominated
office, he may withdraw in respect of one or more offices for [nmore

-^ » than one

which he is nominated by filing his withdrawal in writing with office
the clerk in his office before 5 o'clock in the afternoon of the
day following nomination day and in default he shall be

deemed to be nominated for the office for which he was first
nominated and to have withdrawn his nomination for any
other office. 1<^72. c. 95, s. 37. .

Acclamation

Idem

ACCLAMATIONS

40. — (1) If no more candidates are nominated for any office
than the number to be elected, the clerk shall forthwith after
5 o'clock on the afternoon of the day following nomination day
declare that candidate or those candidates duly elected.

(2) If more candidates are nominated for an office than the
number to be elected but one or more candidates withdraws
his nomination so that the number remaining is no more than the
number required to be elected, the clerk shall forthwith
after 5 o'clock on the afternoon of the day following nomination
day declare the remaining candidate or candidates to be duly
elected.

Vacancy

Where
quorum not
elected

(3) If the number of candidates declared to be elected to an
office under subsection 1 or 2 is less than the number to be
elected to such office so that there is a vacancy, a new election
shall be held to fill the vacancy.

(4) Where in any election the total number of jT)embers of the
council of a municipality or of a local board, as the case may
be, declared elected under this section and those elected as a
result of the poll in the election is less than a quorum of the
council or of the local board, the council or local board in
office for the preceding year shall continue in office until a new
election under subsection 3 is held and the number of members
of the council or local board equals or exceeds the quorum.
1972. c. 95, s. 38.

NOTICE OF POLL

Poll
required

41 . — (1) Where more candidates are nominated for election
to an office than the number required to fill that office, the
clerk shall hold a poll to elect the holder of that office.
1972, c. 95. s. 39 (1).

Notice
of poll

(2) Notice of the time for the holding of the poll in an
election, including the advance poll, and notice of the last
day for making application to the clerk for a certificate to
vote by proxy, shall be given by the clerk forthwith after it
has been determined that a poll is required, by posting the
notice in at least two conspicuous places in the municipality,
and, where there is a newspaper having general circulation
in the municipahty, by publishing the notice in such

newspaper. 1972, c. 95, s. 39(2); 1974, c. 32, s. 22,
amended.

VOTING BY BALLOT

42. — (1) Where a poll is held in an election, the votes shall ^vbaiiot
be given by ballot. 1972, c. 95, s. 40 (1) ; 1974, c. 32, s. 23 (1).

(2) In place of using ballot papers under this Act, the ^°^J^^es
council of a municipality may, by by-law passed on or before etc.

the 1st day of April in an election year, authorize the use at
elections of voting machines, voting recorders or other voting
devices, and a copy of any such by-law shall be forwarded
by the clerk of the municipality to the Minister forthwith
after it is passed. 1974, c. 32, s. 23 (2), part, amended.

(3) A by-law passed under subsection 2 or a predecessor ^y.^|^^°^
thereof shall remain in force until repealed by the council of

the municipality, but no such repealing by-law shall take
effect for the purposes of the election next following its
passage unless the repealing by-law is passed on or before
the 1st day of April in the year in which the election is held.
New.

(4) Where a municipality authorizes the use of voting Mimsters
machines, voting recorders or other voting devices, the
Minister shall, by order, provide for procedures which may

be necessary to conduct the election by the use of such
machines, recorders or devices and the municipality shall
comply with the provisions of the order. 1974, c. 32, s. 23 (2),
part, amended.

PREPARATION AND FORM OF BALLOT

43. — (1) A clerk who is required to hold a poll under ^^i^^^^^
section 41 shall prepare and cause to be printed a sufficient
number of ballots in the prescribed form for use in the election.

(2) The name of a person shall not be included in a ballot o/'^ndtdate
as a candidate for office unless his nomination as a candidate niu?tbe

C6t*Li ii6Q

for such office has been certified by the clerk under section 37.
1972, c. 95, s. 41 (1,2).

(3) Subject to subsection 5, the names of the candidates n^mes^^
shall be shown on a ballot in order of their surnames alpha-
betically arranged, with given names preceding the surnames,

and with the surnames in bold type. 1972, c. 95, s. 41 (3),
amended.

(4) Where there are two or more candidates for election to ^dresses
an office whose given and surnames are identical or so nearly to be shown

Nicknames
and titles

Space for

indicating

vote

identical as to create the possibility of confusion, the address
of all candidates for election to such office shall be shown
on the face of the ballot for such office immediately under
their names an J in sufficient detail as to identify each
candidate. 1972, c. 95, s. 41 (4), amended.

(5) Except as provided in subsection 4, no identification such
as a title, honour, decoration or degree shall be included with
any candidate's name on a ballot to be used in an election,
but a name commonly called a nickname or any other name
by which a candidate is commonly known may be used on
the ballot as the name or part of the name of the candidate.

(6) There shall appear on the ballot to the right of each
candidate's name a circle or a circular space suitable for the
marking of the ballot. 1972, c. 95, s. 41 (5, 6).

Ballots
for same
ofRce to
be alike

Number of
candidates
and name
of office

(7) All ballots for election to the same office shall be of
the same description and as nearly alike as possible, and
the names, and the addresses if given, of the candidates,
the circle or circular space, the instructions referred to in
subsection 8, and any lines on the ballot shall be in one
colour and the remainder of the face of the ballot shall be
another colour, but different colours may be used for ballots
to be used for election to different offices. 1974, c. 32, s. 25,
part, amended.

(8) A ballot shall contain instructions as to the number
of candidates for which an elector may vote and the name of
the office for which the election is being held. 1974, c. 32,
s. 25, part, amended.

questions (^) ^^^ ballot papers for voting to obtain the assent or the

opinion of electors on any by-law or question shall be in the
prescribed form. 1072, c. 95. s. 41 (9).

Wards in
municipality

44. — (1) For an election in a municipahty in which the
members of council are elected by wards, there shall be pre-
pared one set of ballots for all the polling subdivisions con-
taining the names of the candidates for the office of mayor,
another set for all the polling subdivisions containing the
names of the candidates for the office of reeve, or reeve and
deputy reeve, and another set for each ward containing the
names of the candidates for the office of alderman or councillor
for the ward.

vote^'n^ (2) For an election in a city or town in which the members of

city or town council are elected by general vote, there shall be prepared for

all the polling subdivisions one set of ballots containing the

names of the candidates for the offices of mayor, or mayor and

reeve, or mayor, reeve and deputy reeve, and another set con-
taining the names of the candidates for the office of alderman
or councillor.

(3) For an election in a township that constitutes a borough ^°^^°^^*^ ^"^
within The Municipality of Metropolitan Toronto, one set of Toronto
ballots shall be prepared for all the polling subdivisions con-
taining the names of the candidates for the office of mayor,
another set of ballots for all the polling subdivisions containing

the names of the candidates for the office of controller and
another set for each ward containing the names of the
candidates for the office of alderman.

(4) For an election in a village or township there shall be yj"nfbip^
prepared one set of ballots containing the names of the
candidates for the office of reeve or of reeve and deputy reeve,

and for the office of councillor.

(5) The council of a town may by by-law provide that the ^^^1^^^^^^^
ballots for an election to the offices of mayor, reeve and fo{ separate

-' sets

deputy reeve shall be prepared in separate sets and, the council
of a village or township may, by by-law provide that the
ballots for an election to the offices of reeve, deputy reeve
and councillor shall be in separate sets. 1972, c. 95, s. 42 (1-5).

(6) A by-law for the purposes mentioned in subsection 5 ^glg^ ° ^®
shall be passed not later in the election year than the 1st

day of October and remains in force until repealed, and
while in force the prescribed ballots shall be prepared
accordingly. 1972, c. 95, s. 42 (6), amended.

(7) There shall also be separate sets of ballots, separate sets

controller,

(a) containing the names of the candidates for the office of, by-iaws,etc.

(i) controller,

(ii) member of a local board,

(iii) trustee of a police village,

(iv) member of the council of a regional munici-
pality, or

(v) member of the counc il of both an area muni-
cipality and a regional inuni( ij)ality ;

(b) for obtaining the assent of the electors on any by-law
or the opinion of the electors on any question re-

quired or authorized to be submitted to them at an
election. 1972, c. 95. s. 42 (7) ; 1974, c. 32, s. 26.

More than
one by-law.
etc.

(8) Where more than one by-law or question is to be sub-
mitted to the electors at one election, all of such by-laws or
questions may be placed on one ballot paper. 1972, c. 95,
s. 42 (8).

Composite
ballots

Contents

Not to be
given to
elector not
entitled to
vote for
office on
ballot

By-law in
force until
repealed

45. — (1) In place of using separate ballots under this Act,
the council of a municipality may, by by-law passed prior
to the first day of October in an election year, authorize
the use at a municipal election of composite ballots in such
form subject to subsections 1 to 8 of section 43, as the by-law
prescribes. 1972, c. 95, s. 43 (1); 1974, c. 32, s. 27, amended.

(2) A composite ballot may contain,

(a) the names of candidates for the offices of member of
council, member of a school board, member of a public
utility commission or member of any other board,
commission or body the members of which are required
to be elected by the electors of the municipality or
for any one or more of such offices ; and

{h) any by-law or question authorized or required by
law to be submitted to the electors for their assent
or opinion.

(3) No elector shall be given a composite ballot containing
the names of candidates for an office or containing a question
or by-law for which he is not entitled to vote.

(4) A by-law passed under this section remains in force from
year to year until repealed. 1972, c. 95, s. 43 (2-4).

Polling
place

Idem

POLLING PLACES

46. — (1) Subject to section 47, the clerk shall provide for
each election at least one polling place for each polling sub-
division in a place that is most central or most convenient
for the electors and is furnished with light and heat and such
other accommodation and furniture as may be required, but the
p>olling place may be provided outside the limits of the polling
subdivision.

(2) Every' polling place for an election in a municipality
shall be situate in the municipality, except that where a
polling subdivision in a township adjoins an urban munici-
pality, the polling place for the polling subdivision may be
within the limits of the urban municipality. 1972, c. 95,
s. 44(1, 2).

(3) Every polling place shall be furnished with com- ^°^^s*''^'
partments in which electors may mark their ballots without

other persons being able to see how they are marked and it
is the duty of the clerk and the deputy returning officer
respectively to ensure that a sufficient number of com-
partments is provided at each polling place. 1972, c. 95,
s. 44 (3), amended.

(4) The clerk may unite two or more adjoining polling ^°ij^?visi
subdivisions and provide one polling place for the united
subdivisions. 1972, c. 95, s. 44 (4).

(5) The clerk may provide such additional polling places "^j^ce"""*^
in any polling subdivisions as are required having regard to

the extent of the subdivision, the remoteness of any number
of its electors from the polling place and number of electors
that may conveniently vote at one polling place. 1972,
c. 95, s. 44 (5), amended.

(6) Where there are two or more polling places in a polling of^plfces^^""
subdivision, each polling place shall be designated by the
numbers of the lots and concessions or the numbers and names

of the streets at which the electors reside or that designate
the properties in respect of which the electors are qualified
to vote therein, or by the initial letters of the surnames of
the electors who are qualified to vote therein, that is to say,
A to M and N to Z, or as the case may be, and an elector is entitled
to vote at the appropriate pxjlling place designated accordingly.

(7) In municipalities having more than 5,000 electors, ^°ation^of
the clerk shall mail or cause to be delivered to each dwelling ^°^^^^
unit in the municipality a notice advising the elector or electors
therein of the location of the polling place in which that elector

or those electors is or are to vote. 1972, c. 95, s. 44 (6, 7).

47. — (1) Where in a municipality there is situate a hospital ^,°cL^n
or other institution for the reception, treatment or vocational institutions
training of persons who have served or are serving in the
Canadian Forces or the armed forces of any member of the
Commonwealth, or who are blind or deaf, a Workmen's
ComjDensation hospital or a home for the aged, a polling place
shall be provided in such institution or upon the premises,
and may be provided in a nursing home or other institution
of twenty beds or more in which chronically ill or infirm
persons reside, and for the purpose of polling, the institution
shall be deemed to be a polling place, and every person
resident in the institution who is entered in the polling list
is entitled to vote at such polling place only. 1974, c. 32,
s. 28(1).

Attendance
upon patientt<
to take
vote

(2) Where a patient of such a hospital or other institution is
bed-ridden or is unable to walk, it is lawful for the deputy
returning officer and poll clerk with the candidates or their
scrutineers to attend upon such person for the purpose of
receiving his ballot, but no candidate or scrutineer shall be
present where the ballot of any such voter is marked under
section 63. 1972, c. 95. s. 45 (2).

SUPPLIES AND EQUIPMENT FOR POLLING PLACES

suj^piiesfor^ 4g, — (1) The clerk shall, before polling day, cause to be
delivered to every deputy returning officer in his municipality,

(a) a ballot box for his polling place ;

{h) a sufficient number of ballots to supply the electors in
the polling list of his polling place;

{d) two copies of the polling list for the polling place ;

(e) all materials necessary for electors to mark their
ballots; and

(/) such other materials as are prescribed. 1972, c. 95,
s. 46 (1). amended.

Ballot box

Clerk to
certify
number of
ballots

(2) A ballot box shall be made of durable material, provided
with lock and key, and so constructed that the ballots can
be deposited therein and cannot be withdrawn without un-
locking the box.

(3) When delivering the ballots for a polling place to a deputy
returning officer the clerk shall certify the number of ballots
so delivered and upon receiving them the deputy returning
officer shall make a count of the ballots and forward the
prescribed receipt therefor to the clerk, and shall keep the
certificate for return to the clerk with the other documents
required to be returned to him under section 78.

Directions
to be
placarded

(4) Every deputy returning officer before opening the p>oll,
or immediately after he has received the printed directions
from the clerk if they were not received before opening the
poll, shall cause them to be placarded outside the polling
place and in everv compartment of the polling,' place, and shall
see that they remain so placarded until the close of the polling.
1972. c. 95, s. 46 (2-4).

WHERE AND HOW OFTEN ELECTORS MAY VOTE

49. An elector whose name appears in the polHng Hst for a ofVStes
polline subdivision or who presents a certificate to vote there that

r <J r ma.V DC

under section 33, 50 or 56, is entitled to vote in an election given by
in such subdivision in accordance with the following rules:

1. He is entitled to vote once only for one candidate
for mayor, reeve or deputy reeve.

2. He is entitled to vote for as many candidates for
controller as there are controllers to be elected but
once only for each candidate.

3. Where the election of aldermen, councillors, trustees
or members of local boards is by general vote, he is
entitled to vote for as many candidates for such offices
as there are candidates to be elected but once only for
each candidate.

4. Where the aldermen, councillors, trustees or members '\
of local boards are elected by wards, he is entitled to

vote,

i. if resident in the municipality, in the polling
subdivision in which he resides ; or

ii. if not resident in the municipality, in the
polling subdivision in which his name appears
on the polling list,

for as many candidates for such offices as there are /

candidates to be elected for the ward but once only *

for each candidate.

5. Where the election is to the office of member of a
school board to be elected by public school electors
in a municipality or a part thereof, or in a combination
of municipalities, in which the polling subdivision is
located, a public school elector is entitled to as many
votes as there are members to be elected by the
public school electors in such municipality or part,
or combination of municipalities, as the case may be,
but may not give more than one vote to any one
candidate.

to as many votes as there are members to be elected
by the separate school electors in such municipality
or part, or combination of municipalities, as the case
may be, but may not give more than one vote to any
one candidate.

An elector who is entitled to vote in respect of any
by-law or question authorized or required by law to be
submitted for the assent or opinion of the electors
is entitled to vote once only with respect to such
by-law or question. 1972, c. 95, s. 47.

Votlnffof
D.R.O. and
poll clerk,
etc.. where
employed

50. — (1) Subject to subsection 2, at the request of a person
whose name is entered on the polling list for a polling place
in a municipality who has been appointed a deputy returning
officer, poll clerk, election assistant or constable at another
polling place, the clerk of the municipality shall give him a
certificate that he is entitled to vote at the polling place at
which he is stationed during the polling day.

municipality (^) ^^ Certificate shall be issued under this section entitling
divided into an elector in a municipality that is divided into wards to vote

WCLFQS

at a polling subdivision in a ward different from the ward in
which the polling place at which the elector is otherwise
entitled to vote is situate.

When
certificate
may be
given

(3) The clerk shall not give a certificate under this section
until he has ascertained by reference to the polling list or to a
certificate under section 33 that the applicant is entitled to
vote, and after giving the certificate he shall forthwith give
notice in writing thereof to the deputy returning officer for the
polling place at which the applicant is by the polling list or
certificate under section 33 to be entitled to vote, and the
person to whom the certificate has been given is not thereafter
entitled to vote at such polling place.

Certificate (4) The Certificate shall designate the polling place at which

the person is to be permitted to vote.

List of
certificates

(5) The clerk shall keep a list in which he shall enter before
he delivers a certificate under this section,

(a) the name and residence of the person to whom he
gives the certificate;

{b) the polling place at which the person is authorized
to vote under the certificate ;

(d) whether the certificate is granted to such person
as deputy returning officer, poll clerk, election assist-
ant or constable; and

(e) if a certificate is refused, the name of the person
applying for the certificate with the grounds of
refusal,

and the list shall be open to inspection by any candidate
scrutineer or elector. 1972, c. 95, s. 48.

51.— (1) A person who produces a certificate given to him ^^^[^pg<=g*te
under section 50 is entitled to vote at the polling place desig- person to
nated therein, but the certificate does not entitle him to vote
there unless he has been actually engaged there as a deputy
returning officer, poll clerk, election assistant or constable
during polling day. 1972, c. 95, s. 49 (1).

(2) The deputy returning officer shall enter or cause to be ^oiii^°°
entered on the poUing list maintained by the poll clerk fist
opposite the name and residence of the person voting under

the authority of a certificate, the words "Voted under Certi-
ficate". 1972, c. 95, s. 49 (2), amended.

(3) A person voting under the authority of a certificate shall SbL^given
deliver it to the deputy returning officer before receiving his ^° d.r.o.
ballot.

(4) The deputy returning officer shall enclose all certificates {^"em^efP'^e
to which this section applies in one envelope. 1972, c. 95,

s. 49 (3, 4).

PROCEDURE AT POLL

52. Every polling place shall be open for the purpose of ^o°^^p°"
taking the poll at every election from 11 o'clock in the fore- open
noon until 8 o'clock in the afternoon of polling day. 1972,
c. 95, s. 50.

53. — (1) A deputy returning officer shall attend at the ^^^^ ^^
polling place for which he was appointed at least fifteen attend poii
minutes before the hour fixed for opening the poll.

(2) During the period of fifteen minutes before the opening [,°f{^g'{,°^o°e
of the poll, the scrutineers who are entitled to be present in a opening of
polling place during polling hours are entitled to inspect
the ballots and all other papers, forms and documents relating
to the poll. 1972, c. 95, s. 51.

54. A deputy returning officer shall, immediately before aeiffngof""
opening the poll at his polling place, show the ballot box to baiiotbox

such persons as are present in the polling place, so that
they may see if it is empty, and he shall then lock the box
and place his seal upon it in such a manner as to prevent it being
opened without breaking the seal, and he shall keep the box
on a desk, counter or table or otherwise so that it is raised
above the floor in full view of all present, and shall keep the
box so locked and sealed until the box is required to be opened
for the purpose of counting the votes under section 71. 1972,
c. 95, s. 52.

Ell o* on ^** — (^) Where a person enters the polling place and

tender of requests a ballot paper, the deputy returning officer shall
proceed as follows:

1. He shall ascertain that the name of such person or
a name apparently intended for it is entered in the
polling list for the polling subdivision or that such
person is entitled to vote under a certificate issued
by the clerk pursuant to section 33 or 50 and the
poll clerk shall, on a separate polling list, delete
the name of the said person on such polling list.

2. The poll clerk shall indicate on his polling list
opposite the person's name the numerical order in
which the person was given his ballot paper.

3. If the deputy returning officer is satisfied that such
person is the person designated in the polling list
or in a certificate mentioned in paragraph 1 and is
otherwise entitled to vote and if no candidate or
scrutineer objects to voting by such person, the
deputy returning officer shall put his initials on the
back of a ballot paper, so placed that when the
ballot is folded they can be seen without opening
it and shall deliver the ballot paper to such person.

4. If voting by such person is objected to by any
candidate or scrutineer, the deputy returning officer
shall enter the objection or cause it to be entered
on the polling list maintained by the poll clerk, by
writing opposite the name of such person the words
"Objected to" and the deputy returning officer shall
require such person to take the prescribed oath,
which oath shall indicate the name of the candidate
by or on whose behalf the objection was made.

5. If the deputy returning officer is not satisfied that
such person is the person designated in the polling
list or in a certificate mentioned in paragraph 1
and is otherwise entitled to vote, although no

candidate or scrutineer has objected, he may require
such person to take the prescribed oath.

6. If such a person having been required to take the
oath refuses to do so, the deputy returning officer
shall enter or cause it to be entered opposite the
name of such person on the polling list maintained
by the poll clerk the words "Refused to be sworn"
or "Refused to affirm" according to the fact and a
ballot paper shall not be delivered to such person.

7. If such person takes the oath, the deputy returning
officer shall enter or cause to be entered opposite
such person's name on the polling list maintained
by the clerk the word "Sworn" or "Affirmed" accord-
ing to the fact, shall put his initials on the back of
a ballot paper, so placed that when the ballot is
folded they can be seen without opening it, and
shall deliver the ballot paper to such person.

8. The deputy returning officer may, and upon request ^
shall, either personally or through the poll clerk, ^
explain to the elector as concisely as possible the

mode of voting. 1972, c. 95, s. 53 (1), amended.

(2) A person who on polling day is a prisoner in a penal or ^{f^"* ^'^'^*"
reform institution, or a patient in a mental hospital, or who prisoners,
has been transferred from a mental hospital to a home for etc.
special care as mentally incompetent is disqualified from voting

at any election and no ballot shall be furnished to such a
person.

(3) Every elector qualified to vote at a polling place who is pofiJn°'' '°
inside the polling place at the time fixed for closing the poll p}ace at
is entitled to vote. 1972, c. 95, s. 53 (2, 3). ° °' ""^

56. — (1) If a person representing himself to be an elector namTon
applies to a deputy returning officer at a polling place for a g^^^.o**'
ballot and his name does not appear on the polling list or in a
certificate issued under section 33 or 50 as entitled to vote at
the polling place, he is entitled to have his name entered on
such polling list and to receive a ballot and to vote if he
takes a declaration in the prescribed form and otherwise
establishes his identity to the satisfaction of the deputy
returning officer.

(2) The deputy returning officer shall enter or cause to be "em
entered on the |X)lling list and on the polling list maintained

by the poll clerk the name of the elector.
amended.

1972, c. 95, s. 54.

(3) The deputy returning officer shall furnish a copy of each
such declaration to the clerk who shall, in turn, furnish it

December in an election year.

Copy to
clerk and
assessment

miMioner to the assessment commissioner before the first Monday in

1974, c. 32, s. 29, amended.

When It
appears
person voted
in place
of elector,
etc.

57. Where an elector entitled to vote at a polling place
applies for a ballot paper and it appears that another person
has voted as such elector or that an entry has been made in the
polling list in error that such elector has polled his vote, if
such person takes an oath in the prescribed form and otherwise
establishes his identity to the satisfaction of the deputy
returning officer he is entitled to receive a ballot paper. 1972,
c. 95, s. 55 (1).

Inquiry

Procedure
on receipt
of ballot

Duty of
D.R.O. on
receipt of
ballot

58. No inquiry shall be made of an elector who is required
to take the oath under section 55 or 57 except with respect to
the matters required to be stated in the oath or to ascertain
if he is the person intended to be designated in the polling
list. 1972, c. 95, s. 56 (2) ; 1974, c. 32, s. 30 (2).

50. Upon delivery to him of a ballot paper by a deputy
returning officer, the person receiving it shall,

{a) forthwith proceed into the compartment providrd for
the purpose and shall then and there mark his ballot
paper with a cross or other mark with a pen or pencil
within the circle or circular space to the right of
the name of a candidate for whom he intends to vote ;

(b) then fold the ballot paper so as to conceal the names
of the candidates and the marks upon the face of it
and so as to expose the initials of the deputy
returning officer ;

(c) then leave the compartment without delay, and
without showing the face of the ballot paper to
anyone, or so displaying it as to make known how
he has marked it ; and

(d) then deliver the ballot paper so folded to the deputy
returning officer. 1972, c. 95, s. 57.

60. — (1 ) Upon delivery of a ballot paper to him by an elector,
the deputy returning officer, without unfolding the ballot
paper, or in any way disclosing the names of the candidates or
the marks made by the elector, shall verify his own initials,
and at once deposit the ballot paper in the ballot box in the

presence of all persons entitled to be present and then present
in the polling place, and the elector shall forthwith leave the
polling place.

(2) A person whose ballot has been placed in the ballot box ^^'"^'^
by the deputy returning ofhcer shall be deemed to have voted, to have
1972, c. 95, s. 58 (1, 2). """'"^

61 .—{1) A person who has received a ballot from a deputy fo^[ake"°'
returning officer shall not take it out of the polling place, and a Fallot

1 1 11 11 1 11- 1 from polling

person who receives a ballot and leaves the polling place place
without returning it to the deputy returning officer, or returns
his ballot declining to vote, forfeits his right to vote, and
the deputy returning officer, shall make an entry on the polling
list maintained by the poll clerk "Forfeited Vote" opposite
the person's name, and in the case where a person returns
his ballot declining to vote, the deputy returning officer
shall immediately write the word "Declined" upon the ballot
and preserve it to be returned to the clerk. 1972, c. 95,
s. 59 (1), amended.

(2) An elector who has inadvertently dealt with his ballot in Baiiot

^ ' . -^ . accidentally

such a manner that it cannot be conveniently used, upon spoiled
returning it to the deputy returning officer, is entitled to
obtain another ballot, and the deputy returning officer shall
immediately write the word "Cancelled" upon the first-
mentioned ballot and preserve it to be returned to the clerk.
1972, c. 95, s. 59 (2).

62. Subject to section 63, while an elector is in a compart- No other

t 1 r 1 • 1 ■ 1 11 1 person in

ment for the purpose of marking his ballot paper, no other compartment

whilG elector

person shall be allowed to enter the compartment or to be in a marking
position from which he can see how the elector marks his
ballot paper. 1972, c. 95, s. 60.

63. — (1) On the application of any elector who is unable to hindicapped
read or is handicapped by blindness or other physical cause by blindness,
from voting in accordance with the other provisions of this
Act, the deputy returning officer shall require the elector
making the application to take an oath of his inability to
vote without assistance, and shall thereafter assist the elector
by marking his ballot in the manner directed by the elector
in the presence of the poll clerk and of no other person and
place the ballot in the ballot box. 1972, c. 95, s. 61 (1),
amended.

(2) The deputy returning officer shall either deal with an "ecK^s^^^*^
elector mentioned in subsection 1 in the manner provided baiiot

, . , , , , 111 marked by

therem or, at the request of any such elector who has taken mend
the prescribed oath and is accompanied by a friend, shall

permit the friend to accompany the elector into the voting
compartment and mark the elector's ballot for him.

Oath of
fliend

(3) Any friend who is permitted to mark the ballot of an
elector under subsection 2 shall first be required to take the
prescribed oath that he will keep secret the manner in which
the elector voted.

May act
as friend
only
once

(4) No person shall be allowed to act as the friend of more
than one elector at any polling place other than a polling
place estabhshed under section 47. 1972, c. 95, s. 61 (2-4).

Elector who
cannot
understand
English

64. Where the deputy returning officer does not under-
stand the language of the elector, an interpreter provided by
the elector may be sworn in the prescribed form to translate the
necessary oaths as well as any lawful questions necessarily
put to the elector and his answers, but in the event of inability
to secure an interpreter, the elector shall be refused a ballot.
1972, c. 95, s. 62.

Who may
remain in
polling
place

65. — (1) The returning officer, the assistant returning
officer, the deputy returning officer, the poll clerk, the election
assistant, the constable or constables, any candidate or, in his
absence, his scrutineer, any scrutineer appointed by the
council in relation to any by-law or question, and no others
shall be permitted to remain in the polling place during the
time the poll is open or to be in the polling place at the counting
of the votes. 1972, c. 95, s. 63; 1974, c. 32, s. 31.

iiterature^fn ('^) ^° Campaign material or literature of any nature what-
poiiing place soever of any candidate in the election shall be displayed
within the polling place. New.

ADVANCE POLLS

Advance qq^ — ^j^ -pj^g clerk shall hold an advance poll in accordance

with this section on the Saturday nine days before polling
day for the purpose of receiving votes of electors who expect
to be unable to vote on polling day in the polling subdivisions
for which their names appear on the polling lists or who are
entitled to vote either under a certificate issued by the clerk
under section 32> or who become entitled to vote under
section 56. 1974, c. 32, s. 32 (1), part.

advance"poii (2) ^^^ couucll of a municipality may by by-law passed
before nomination day provide for the holding by the clerk

of additional advance polls for the same purposes as provided
in subsection 1. 1974, c. 32, s. 32 (1), part.

(3) The advance poll shall be open from 9 o'clock in the ^*itfe°^°^^
forenoon until 8 o'clock in the afternoon on each day it is open
held and polling shall be held so far as possible in the same
manner as polhng at a regular election. 1972, c. 95, s. 64 (2) ;

1974, c. 32, s. 32 (2), amended.

(4) The clerk shall provide as many polling places for an Pouingr
advance poll as he considers necessary and shall appoint a
deputy returning officer and poll clerk for each such polling
place. 1972, c. 95, s. 64 (3).

(5) Forthwith after the close of the advance poll on each List of

\ ' i persons

day it is held, the deputy returning officer shall make up voting
and deliver to the clerk a list of the names of all persons
who have voted showing in each case the number of the
polling subdivision in which the elector is entered in the
polling list and the clerk shall, at the request of any candidate,
furnish him with a copy of such list.

(6) Upon receiving the list mentioned in subsection 5, the ^lerkon^

clerk shall, receiving

' list

(a) make an entry in the polling list to be supplied to
each deputy returning officer on polling day opposite
the name of each elector whose name appears in such
list and whose vote has been received at an advance
poll, showing that such elector has voted ; or

(6) make a certificate in the prescribed form for each
polling subdivision, showing the name and address of
each elector listed in the polling list for such polling
subdivision who has voted at an advance poll, and
shall furnish such certificate before the opening of the
poll on polling day to the deputy returning officer of
the polling subdivision, and the deputy returning
officer shall before opening the poll make an entry
in the polling list supplied to him, opposite the
name of each elector whose name appears on the
certificate, showing that such elector has voted. 1972,
c, 95, s. 64 (5. 6).

(7) Forthwith after the close of the advance poll on each day of*o°*
it is held the deputy returning officer and any candidate or
scrutineer present who desires to do so shall affix his seal to the
ballot box in such a manner that it cannot be op)ened or any

ballots be deposited in it without breaking the seals and the
deputy returning officer shall forthwith deliver it, along with
all other election documents used at the poll, personally to
the clerk for safe keeping. 1972, c. 95, s. 64 (7), amended.

Opening of
ballot boxes
for advance
poll

(8) On the regular polling day for an election, after the
close of polling, the deputy returning officer shall, in the
presence of such candidates for office at the election and
their scrutineers as are present at the hour fixed for the
closing of the poll, open the ballot boxes for the advance
poll, count the votes and perform all other duties required of
deputy returning officers by this Act. 1972, c. 95, s. 64 (8).

PROXY VOTING

Who may
vote by
proxy

67. — (1) Any person whose name is entered in the polling
list for a polling subdivision or who has obtained a certificate
under section 33 entitling him to vote and who is,

(a) a person other than one described in section 47 and
who is certified by a legally qualified medical prac-
titioner, by certificate filed with the clerk, to be
physically incapable of attending a polling place;

(6) a person absent from his regular residence by reason
of attending an educational institution and who is
entered in the list for the polling subdivision in
which he normally resides and who expects by reason
of such absence to be unable to vote at the advance
poll or on polling day ; or

(c) a person who expects to be absent from his polling
subdivision during the election f)eriod including the
advance poll and polling day by reason of his being
engaged for hire or reward in the business of trans-
portation by railway, air, water or motor vehicle.

may vote by proxy in that polling subdivision,
s. 65 (1); 1974, c. 32, s. 3Z (1).

1972, c. 95,

proxy"*^**^ (2) Any person who is entitled to vote by proxy pursuant
to subsection 1 may appoint in writing in the prescribed form
as his voting proxy any other person who is eligible as an
elector in the municipahty. 1972, c. 95, s. 65 (2), amended.

proxyonce (^) ^ voting proxy may not act as a voting proxy for

only more than one person voting by proxy except where the

person voting by proxy is the parent, grandparent, child,
grandchild, brother, sister, husband or wife of the voting
proxy, in which case a voting proxy may act for more than
one such person voting by proxy. 1972, c. 95, s. 65 (3);
1974, c. 32, s. 33 (2).

(4) An appointment of a person as a voting proxy is not Term of
valid unless it is made after nomination day and does not
remain in force after polling day. 1972, c. 95, s. 65 (4).

(5) A person who has been appointed a voting proxy may f^PPgrUflcate
apply to the clerk not later than 5 o'clock in the afternoon to vote by

DFOXV

of the Friday preceding polling day to receive a certificate to
vote by proxy for the polling subdivision in which the person
appointing the voting proxy is entitled to vote. 1972, c. 95,
s. 65 (5), amended.

(6) The clerk may take evidence on oath as to the right of the ^^tJAcate

person appointing the voting proxy to vote in the polling sub- to be given --y

division upon the list for which his name is entered and as to

the qualification of the voting proxy, and, if he finds that the

person appointing the voting proxy is duly qualified and that

the voting proxy is authorized to act for the person appointing

him, he shall give a certificate in prescribed form across the face

of the appointment of the voting proxy to that effect. 1972,

c. 95, s. 65 (6); 1974, c. 32, s. 33 (3), amended.

(7) Not more than one voting proxy may be appointed on Not more
behalf of any person at any election. proxy

(8) A ballot shall not be delivered to a person who claims Oath on

• II 1 . • voting

to vote as a votmg proxy unless he produces his appomtment
as a voting proxy to the deputy returning officer with the
certificate of the clerk thereon as provided in subsection 6 and
takes the prescribed oath. 1972, c. 95, s. 65 (7, 8).

(9) Where a voting proxy has voted, the deputy returning ^oy°''*'°o3j
officer shall file the appointment of the voting proxy and

the certificate of his app>ointment given by the clerk with
the election papers and return them to the clerk in the
envelope provided for that purpose. 1972, c. 95, s. 65 (9),
amended.

(10) A person who has been appointed as a voting proxy is yotefn'"*^
entitled to vote in his own right in the municipality not- own right
withstanding that he has voted as a voting proxy. 1972, c. 95,

s. 65 (10).

KEEPING OF peace: EMERGENCY SITUATIONS

Assistance of
constables

68. A clerk or a deputy returning officer may require the
assistance of constables and other persons to aid him in main-
taining peace and order at the election and may swear in as
many constables as he considers necessary. 1972, c. 95, s. 66.

Declaration
of emergency
by clerk

60. — (1) If any circumstances arise in the municipality,
that, in the opinion of the clerk are of such a nature as to
prevent or delay the opening of any polling place or cause
the discontinuance of polling at any polling place, the clerk
may declare an emergency situation to be in effect and such
emergency situation shall continue until the clerk otherwise
declares.

Arrange-
ments Dy
clerk

(2) Where an emergency situation is declared under sub-
section 1, the clerk shall make such arrangements as he
considers advisable for the conduct of the poll, the safe-
keeping of the ballot boxes and all election documents and
the counting of the votes.

?o°'ue8t°on (^) ^^^ arrangements made by the clerk under subsec-

tion 2, in good faith, shall not be open to question, or be
quashed, set aside or declared invalid on account of their
unreasonableness or supposed unreasonableness. New.

COUNTING THE VOTES

D^Ro^after '^^' Immediately after the close of the poll, the deputy
close of poll returning officer at each polling place shall,

[a) place all the cancelled, declined and unused ballots
in separate sealed envelopes ;

[h) count the number of electors whose names appear
on the polling list maintained by the poll clerk to
have voted and make en entry at the end thereof: —
"The number of electors who voted at this election
in this polling place is (stating the number)" and
sign his name thereto. 1972, c. 95, s. 68, amended.

5o?^"'*°' 71. — (1) After compliance with section 70, the deputy
returning officer shall, in the presence and in full view of the

persons entitled to be present, open the ballot box for the
polling place and proceed to count the numbers of votes for
each candidate, giving full opportunity to those present to
examine each ballot.

(2) In counting the votes, the deputy returning officer shall ^ejecuon of
reject all ballots,

(a) that have not been supplied by him ;

(b) that contain the names of candidates for one office
only and in which votes have been cast for more
candidates than are to be elected to the office ;

(c) that are separate ballots submitting a by-law for the
assent or a question for the opinion of the electors,
and votes are cast for both the affirmative and the
negative on the by-law or question ; or

{d) upon which there is any writing or mark by which \

the elector can be identified, or that has been so torn,
defaced or otherwise dealt with by the elector that he
can thereby be identified,

but no word, letter, or mark written or made or omitted to be
written or made by the deput}' returning officer on a ballot
voids it or warrants its rejection.

(3) Where a ballot contains the names of candidates for^**^""
more than one office and votes are cast on such ballot for
more candidates for any office than are to be elected to such
office, such votes are void and shall be rejected, but unless
such ballot is rejected under subsection 2, the votes for any
other office in respect of which the elector has not voted for
more candidates than are to be elected shall be counted.

(4) Where in a composite ballot, baiTote^'''*

(a) votes are cast for more candidates for any office than
are to be elected to such office ; or

(h) votes are cast for both the affirmative and negative
on any by-law or question,

the votes for such candidates or with regard to the by-law or
question, as the case may be, are void and shall be rejected
but. unless such ballot is rejected under subsection 2, the

votes for any other offices, by-law or question in respect of
which votes are correctly indicated shall be counted.

Where part
of votes
rejected

(5) Where part of the votes cast in any ballot are rejected
under subsection 3 or 4, the deputy returning officer shall
note such fact on the back of the ballot and initial the
note, and where all the votes on the ballot are rejected
under either or both of such subsections, the ballot shall be
treated as a rejected ballot. 1972, c. 95, s. 69.

Objection
by candidate,
etc.

72. — (1) A candidate or a scrutineer at a polling place may
object to a ballot or to the counting of votes in any ballot
in whole or in part on the ground that the ballot or such
votes should be rejected under section 71 and the deputy
returning officer at the polling place shall decide the objection,
subject to review on a recount or in a proceeding questioning
the validity of the election.

Obiections to
be listed

(2) The deputy returning officer shall list all objections
under subsection 1 to the counting of ballots or of votes
therein and number such objections and shall place the
number of an objection on the back of the ballot objected to
and initial the number. 1972, c. 95, s. 70.

How votes
counted

73. The deputy returning officer shall count all votes cast
at his polling place that are not rejected and shall keep an
account of the number of votes so cast and allowed for
each candidate and with respect to each by-law or question.
1972. c. 95. s. 71.

be"ia^ed° ^** Fallowing count of the votes at his polling place, a

In separate deputy returning officer shall place in separate sealed packets,

P&CK6lS

(a) all used ballots that have not been objected to and
have been counted in whole or in part ;

(b) all used ballots that have been objected to but which
have been counted in whole or in part ;

{d) all ballots used but unmarked. 1972, c. 95, s. 72.

D.R.O. to

endorse

packets

75. The deputy returning officer shall endorse every
packet of ballots made up by him under clause a of section 70
or section 74 so as to indicate its contents and any candidate
or scrutineer present may write his name on the packet.
1972, c. 95, s. 73.

76. The poll clerk, immediately after the completion of the pofi^^.j'lj.k
counting, of the votes, shall take and subscribe the prescribed
oath. 1972, c. 95, s. 74.

STATEMENT AND MATERIALS RETURNED TO CLERK

7 7. — (1) The deputy returning officer shall make out a^tat^ment
statement in duplicate of the number of,

{a) ballots received from the clerk ;

(b) votes given for each candidate ;

(d) used ballots that have not been objected to and have
been counted;

{e) ballots that have been objected to in whole or in part
but which have been counted ;

(/) rejected ballots;

(g) cancelled ballots ;

(/?) ballots used but unmarked ;

{i) declined ballots ;

ij) unused ballots ;

(k) electors whose ballots have been marked by the
deputy returning officer under sections 47 and 63.
1972, c. 95, s. 75 (1), amended.

(2) The duplicate statement shall be attached to the ftfac^dlo
polling list maintained by the poll clerk and the original pouingiist
statement enclosed in a special packet shall be delivered to

the clerk as provided herein. 1972, c. 95, s. 75 (2), amended.

(3) The statement shall be signed by the deputy returning fj^^'ldby *
officer and the poll clerk and such of the candidates or their D!R.o.,etc.
scrutineers as are present and desire to sign it.

(4) The deputy returning officer shall deliver to such of the re^anots^
candidates or their scrutineers as are present, if requested to counted and
do so, a certificate of the number of ballots counted for

each candidate, and of the rejected ballots. 1972, c. 95, s. 75

(3. 4).

78. — (1) The deputy returning officer shall place in the what^to^be
ballot box, the polling lists, the packets containing the ballots ballot box
and all other documents or packets that served at the election,
except,

(a) the original statement;

(6) the oath of the poll clerk ;

Box to be
locked, etc.

(d) the copies of the declaration required to be furnished
to the clerk under subsection 3 of section 56. 1972,
c. 95, s. 76 (1); 1974, c. 32. s. 34, amended.

(2) The deputy returning officer shall then lock and seal
the ballot box and forthwith deliver it and the documents
enumerated in subsection 1 personally to the clerk.

Oath of
D.R.O.

Delivery of
ballot box,
etc., to
clerk

Right of
candidate,
etc., to be
present

(3) Forthwith thereafter, the deputy returning officer shall
take and subscribe the prescribed oath and shall personally
deliver it or transmit it by registered mail to the clerk.

(4) If the deputy returning officer is unable personally to
deliver the ballot box and documents enumerated in sub-
section 1 owing to illness or other cause, he shall deliver them
to the poll clerk for delivery to the clerk, or, where the poll
clerk is unable to act, to some person chosen by the deputy
returning officer for the purpose of delivering them to the clerk,
who shall take the prescribed oath to do so and the deputy
returning officer shall thereon, or on a ticket attached thereto,
write the name of the person to whom the box was delivered
and shall take a receipt therefor, and the poll clerk or person so
chosen shall forthwith personally deliver them to the clerk and
shall take before him the prescribed oath.

(5) The candidates, or their scrutineers, are entitled to be
present when the ballot box and documents for a polling place
are delivered to the clerk pursuant to this section. 1972, c. 95,
s. 76 (2-5).

D.R.O. not to
take box to
home, etc.

(6) Subject to section 69, a deputy returning officer, after
the close of the poll, shall not under any circumstances take,
or allow to be taken, the ballot box to his home, house,
office or place of business, or to any house or place except the
office of the clerk. 1972, c. 95, s. 76 (6), amended.

Clerk to add
up votes

Declaration
of result

70. — (1) The clerk, after he has received the ballot boxes
and other documents referred to in section 78, shall, without
opening any of the ballot boxes, cast up from the original
statements showing the number of votes for each candidate
and for the affirmative or negative on any by-law or question
at each polling place the total number of votes for each
candidate and the total number of votes for the affirmative
or negative on any by-law or question. 1972, c. 95, s. 77 (1),
amended.

(2) After casting up the total number of votes cast at an
election, the clerk shall, at the town hall or, if there is no

town hall, at the clerk's office at noon on the Thursday
following the day on which the polling is held, publicly
declare to be elected the candidate or candidates having
the highest number of votes, and declare the result of the
vote With respect to any by-law or question and he shall
also post up in some conspicuous place a statement under
his hand showing the number of votes for each candidate
and for the affirmative or negative on the by-law or question.

(3) If for any cause, the clerk cannot, at the day and hour Delay in

, ctQQins' up

appointed by him for adding up the votes, ascertain the votes
number of votes given for each candidate, or for the affirmative
or negative on any by-law or question he may adjourn to a
future day and hour the adding up of the votes and so on
from time to time, such adjournment or adjournments not
in the aggregate to exceed fourteen days. 1972, c. 95, s. 77
(2. 3).

80.— (1) Except as provided in this section, the clerk, upon ffbox^and"^
the receipt of a ballot box, and the documents referred to in documents
section 78, shall take every precaution for their safekeeping and
for preventing any other person from having access to them,
and shall immediately on receipt of the ballot box seal it with
his own seal in such a way that it cannot be opened without
his seal being broken, and that any other seals affixed to it
are not effaced or covered. 1972, c. 95, s. 78 (1).

(2) Where the documents specified in subsection 1 of section opening of

^ ' " box when

78 are in error placed in the ballot box, the clerk may open documents
such ballot box or boxes in the presence of the deputy box in
returning officer concerned and, after having recovered or ^'^^^^
ascertained the meaning of the statement, as the case may be,
the box shall be resealed by the deputy returning officer in
the presence of the clerk and by the clerk. 1972, c. 95, s. 78 (2),
amended.

(3) If a deputy returning officer has not delivered the state- f^f^'^ d.r.o.
ment of the ballots counted by him to the clerk as required by deliver
section 78, the clerk shall after notification to the candidates ^ * ^'"^^
or their scrutineers, who may be present, open the appro-
priate ballot box for the purpose of counting the votes and

shall count the votes. 1972, c. 95, s. 78 (3).

81 . If a ballot box for any polling place has been destroyed bLxYost*^'"*^
or lost, or. for any other reason, is not forthcoming by the ^^^
time fixed for adding up the votes, the clerk shall ascertain
the cause and, if the statement of the votes cast and certificates,
or any of them or copies of them, cannot be procured, the
clerk shall ascertain by such evidence as he is able to obtain,
the total number of votes given for each candidate at the
polling place and for the affirmative or negative on any by-law or

question, and may summon any deputy returning officer, poll
clerk, election assistant or other person to appear before him
at a time and place to be named by him, and the clerk shall
notify the candidates of the intended proceedings and may
examine on oath such deputy returning officer, poll clerk,
election assistant or other person respecting the matter in
question. 1972, c. 95, s. 79.

Equality
of votes

AppUcatlon
of ss. 83-90

82. — (1) If, upon the casting up of the votes, two or more
candidates have an equal number of votes where both or all of
such candidates cannot be elected, or the votes for the
affirmative and negative on a by-law or question are equal,
the clerk shall publicly declare the result and post up in a
conspicuous place a statement showing the number of votes
for each candidate and for and against the by-law or question
and shall forthwith notify a judge of the result and the
judge shall thereupon appoint a time and place to recount the
votes cast up for such candidates or concerning such by-law or
question.

(2) In such proceedings, sections 83 to 90 apply mutatis
mutandis. 1972, c. 95, s. 80.

RECOUNT

Interpre-
tation

83. — (1) In this section and in sections 84 to 86, "judge"
means the judge of the county or district court in which the
municipahty or part thereof or the administrative or head
office of the local board is situate. 1972, c. 95, s. 81 (1).

Where

recount

desirable

(2) If, within fourteen days after the declaration by a clerk
of the result of an election, upon an application of an elector
it is made to appear by affidavit to a judge that the votes
have been improperly counted or any ballot paper has been
improperly rejected or that an incorrect statement of the
number of votes cast for any candidate or for the affirmative
or negative on any by-law or question has been made or that
the votes have been improperly added up, and if within that
time the apphcant has given security for the costs in connec-
tion with the recount or final addition of any candidate
declared elected in the amount of $100 in legal tender, or if at
any time within four weeks after such declaration the council
of a municipality or a school board has by resolution declared
that a recount or final addition is desirable in the public
interest, the judge shall appoint a date and time and place
to recount or make a final addition of the votes cast at the
election, and shall notify in writing the clerk who made the
declaration at least ten days prior to the date set for the
recount or final addition. 1972, c. 95, s. 81 (2); 1974, c. 32.
s. 35, amended.

(3) At least six days notice in writing of the time and Notice of
place appointed shall be given by the clerk to the candidates

and to the applicant, and the clerk or a person appointed by
the clerk for the purpose shall attend the recount or final
addition with the ballot boxes and all documents relating to
the election. 1972, c. 95, s. 81 (3), amended.

(4) The judge, the clerk, a person appointed by the clerk, ^esen*^^^
each candidate and his scrutineer appointed to attend the
recount or final addition, and such other persons as the council

may appoint where the recount or final addition relates to a
by-law or question, but no other person, except with the
approval of the judge, is entitled to be present at the recount.
1972, c. 95, s. 81 (4).

(5) Where a recount relates to the election of a candidate, what ballots

^ ' ' involved in

the recount shall be of the votes cast respectively for the recount

candidate declared elected when one only is to be elected or

in other cases for 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 A,

the votes cast for him to be recounted or the votes cast for

him to be finally added. 1972, c. 95, s. 81 (5), amended.

(6) Notwithstanding subsection 5, the judge conducting J^^^^e may

^ ' " f , r order recount,

the recount may order the recount of the votes cast for any etc.. of votes
other candidate whose election or right to any other office candidates
may be affected in any way by the recount conducted under
subsection 5. New.

(7) At the date, time and place appointed, and in the presence b'^'ju®,*!"™
of such of the persons entitled to be present as may attend,

the judge conducting a recount or final addition of the votes
cast at an election shall make such final addition from the state-
ments returned to the clerk by the deputy returning officers, or
recount all the ballots received by the clerk from the deputy
returning officers and the number of votes counted at the
election and shall for the purposes of the recount open the
sealed packets containing the used ballots that were not objected
to and were counted, the ballots that were objected to but
which were counted, the rejected ballots, the cancelled ballots,
the ballots that were used but were unmarked, the declined
ballots and the unused ballots. 1972, c. 95, s. 81 (6), amended.

(8) Subject to subsection 9, the judge shall proceed according Rules to

to the provisions of this Act for the counting of the ballots proceedings
and of the vote at the close of the poll by a deputy returning
officer, and shall verify and correct the statement of the poll.

Judge may (9) If for any reason it appears desirable to do so the judge,

evidence uDon the appHcation of any party to a recount, may hear such

necessary for ^. , ^f" . , t ^u t % •

proper evidence as he considers necessary for the purpose of making a

recount j^jj ^^^ proper recount of the ballots, and, without restricting

the generality of the foregoing, he may, if the recount results
in any of the candidates for any office being declared to have
received the same number of votes as any other candidate or
candidates who were parties to the recount, hear such evidence
as he considers necessary to determine who was elected
to that office. 1972, c. 95, s. 81 (7, 8).

'^"ti^*c°erk (^^) Upon the completion of a recount, or final addition,
of result of the judge shall forthwith notify in writing the result of the
final addition recount or final addition to the clerk and announce the
results to persons present at the recount, and, immediately
after the expiry of the appeal period specified in section 88,
all the ballots and statements shall be sealed in separate
packets in the manner prescribed by the judge. 1972, c. 95,
s. 81 (9), amended.

Clerk of
court

(11) The judge may require the clerk of the county or
district court to be present at the time and place appointed.
1972, c. 95, s. 81 (10).

cierirS)^*^" ^^' ^^ ^^ notice of appeal is given to the judge within two
declare days after the completion of a recount or his final addition,

the judge shall certify forthwith the result to the clerk who
shall then declare the candidate having the greatest number
of votes to be elected or certify to the council the result of
the vote with respect to a by-law or question. 1972, c. 95,
s. 82 (2).

voboB^^^°^ 85. — (1) In the case of an equality of votes for candidates
for any office for which one person only is to be elected, or
for which the holding of any other office is to be determined
as a result of a recount or final addition, the successful
candidate shall be determined by lot conducted by the clerk.
1972, c. 95, s. 83, amended.

Method of

conducting

lot

Costs of
recount

Awarding
of costs

(2) For the purposes of this section, "lot" means the
method of determining the successful candidate by placing
the names of the candidates on equal size pieces of paper
placed in a box and one name being drawn by a person
chosen by the clerk. New.

86. — (1) The costs of a recount under section 83 are in the
discretion of the judge making the recount who may order by
whom, to whom and in what manner the costs shall be paid.
1972. c. 95, s. 84 (1).

(2) The judge may in his discretion award costs of a recount
or final addition to or against any person who is a party

to it and may fix the amount thereof 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. 1972, c. 95, s. 84 (2), amended.

(3) Where the judge makes no provision as to the costs of a where no

^ 1 1 1 • • 11-1 11 provision as

recount or final addition, the disbursements made or authorized to costs
to be made by the clerk shall be paid by the municipality
except where the recount or final addition has been held at
the instance of a school board, in which case the disburse-
ments made by the clerk shall be paid by the board. 1972,
c. 95, s. 84 (3); 1974, c. 32, s. 36 (1).

(4) Where costs are directed to be paid by the applicant for ^e^™f°'°*^
a recount or final addition, the money deposited as security

for costs under section 83 shall be paid out to the party
entitled to such costs, so far as necessary.

(5) Payment of the costs awarded under this section may be of°paym«ft°*
enforced by execution to be issued from any county or district of costs
court, upon filing therein the order of the judge and a certi-
ficate showing the amount at which the costs were taxed and an
affidavit of the non-payment of them. 1972, c. 95, s. 84 (4, 5).

(6) The judge is entitled to receive from the municipality ^^penses of
the expenses necessarily incurred in attending at the place
designa-ted by him for a recount or final addition except

where the recount or final addition has been held at the
instance of a school board, in which case the expenses shall
be paid by the board. 1972, c. 95, s. 84 (6); 1974, c. 32,
s. 36 (2).

87. — (1) Upon expiry of the time for appeal from a deci- ^^^i°°
sion of a judge on a recount or final addition if no appeal packets to
has been taken, the judge shall cause packets, sealed in to clerk
accordance with subsection 10 of section 83, to be returned
to the custody of the clerk.

(2) If an appeal is taken from the decision of a judge on a not required
recount or final addition, the judge shall cause such of the on appeal
packets of ballots and such of the original statements as are
not required for the purpose of the appeal to be returned
to the custody of the clerk. 1972, c. 95, s. 85, amended.

APPEAL FROM DECISION ON RECOUNT OR FINAL ADDITION

88. — (1) Any party may appeal from the decision of the Appeal from

J L 1 1 /-111.. 1 1 decision of

judge who conducted a recount or final addition other than a Judge

decision on a recount or final addition of votes in relation to
any by-law or question, by giving notice in writing within
two days after the completion of the recount or final addi-
tion to the other parties and to the judge of his intention to
appeal, and he may by the notice limit the appeal to specified
ballots.

Service of
notice

(2) The notice may be served upon the other parties per-
sonally, or as a judge of the Supreme Court may direct. 1972,
c. 95, s. 86 (1, 2).

Ballots, etc.,
to be for-
warded to
Registrar
of Supreme
Court

(3) Where the appeal is limited, the judge who conducted
the recount or final addition shall forward the sealed packets
of the ballots or statements that are the subject of appeal,
together with the notice and a certificate showing his findings
as to the ballots in dispute, by registered mail to the Registrar
of the Supreme Court, but, if the appeal is not limited the
judge shall forward all the ballots and other papers to the
Registrar, and in either case he shall await the result of the
appeal before sending his certificate under section 83 to the
clerk. 1972, c. 95, s. 86 (3), amended.

Appointment
for hearing

(4) On receipt of the ballots and notice, the Registrar shall
forthwith obtain an appointment from a judge of the Supreme
Court for hearing the appeal and shall notify the parties or
their solicitors of the time so appointed.

gocedureon (5) ^t the time appointed, the judge of the Supreme Court
shall recount the ballots or such of them as are the subject of
appeal, or review the final addition, as the case may be, and
shall forthwith certify his decision to the judge who conducted
the recount or final addition, whose duty it is to conform
to the decision and to certify the result without delay to
the clerk.

Costs of
appeal

(6) The judge of the Supreme Court may direct by and to
whom, the costs of the appeal shall be paid.

Idem

(7) Where the judge of the Supreme Court makes no provision
as to costs, the disbursements made or authorized to be made
by the clerk, shall be paid by the municipality. 1972, c. 95,
s. 86 (4-7).

DISPOSITION OF ELECTION RECORDS

Disi>osition
of ballots

80. — (1) The clerk shall retain in his possession for ninety
days from the date of the poll for an election all the ballots in the
election and, unless otherwise directed by an order of a judge
or officer having jurisdiction to inquire as to the validity of

the election, shall then destroy them in the presence of two
witnesses, who shall make a statutory declaration that they
witnessed the destruction of them and such declaration shall
be filed in the office of the clerk.

(2) Subject to subsection 1, the clerk shall retain in his Disposition

. •" ,, . . ,.~ . of other

possession all oaths, nommations, qualification documents, documents
statements of the votes cast, and other documents relating to
an election until the successors to the persons elected at such
election have taken office, and may then destroy them. 1972,
c. 95, s. 87.

90. — (1) No person shall be allowed to inspect the contents ofbaliots"
of a ballot box in the custody of the clerk except under the
order of a judge. 1974, c. 32, s. 37.

(2) The order may be made on the judge being satisfied by prderof
affidavit or other evidence that the inspection is required for
the purpose of maintaining a prosecution for an offence, or
corrupt practice, or of taking proceedings for contesting the
election or return. 1972, c. 95, s. 88 (2). '\

0 1 . Where an order is made for the production by the clerk Production

... . . ^. , • t of documents

of any document m his possession relating to an election, the bycierk
production of it by him in such manner as may be directed by
the order is evidence that the document relates to the election,
and any endorsement appearing on any packet of ballots so
produced is evidence that the contents are what they are
stated to be by the endorsement. 1972, c. 95, s. 89.

NEW ELECTIONS

02. — (1) Where a new election is required under the ^ew^^^^
authority of this or any other Act to fill a vacancy in any
office by an election other than a regular election, the clerk of
the municipality who is the returning officer with whom
nominations may be filed shall set the date of the nomination
day which shall be within forty-five days of the day on
which,

(a) a directive is given in any judicial proceedings;

(b) the council of the municipality passes a by-law; or

that such an election is required. 1972, c. 95, s. 90 (1),
amended.

Procedure (2) The procedure including the period for fihng nominations

at a new election shall be the procedure and period appli( able
at a regular election of the municipality and polling day shall
be not less than eighteen and not more than twenty-one
days after nomination day.

Polling

List of
electors

(3) The polling required to fill a vacancy in an office by thi>
section shall so far as possible be held in the same manner and
by the same officers and take place at the same places, in so far
as practicable, at which the polling took place at the last
regular election. 1972, c. 95, s. 90 (2, 3).

(4) Unless a new preliminary list of electors has been
furnished by the assessment commissioner under subsection
5, the preliminary list to be used for preparation of the polling
list for a new election shall be the polling list prepared for
the last regular election, which shall be subject to revision
as if it were a preliminary list of electors and sections 24 to
30 apply mutatis mutandis to the printing or reproduction
of the list and to the revision of the list, subject to the
following rules:

1. Where a new election is required under clause a of
section 38 or subsection 3 of section 40, the period
during which a person may qualify as an elector for
the office to be elected shall be the period of quali-
fication specified under section 12 or 13 and the
period following such qualification period terminating
on the Thursday following the polling day for the
last regular election.

2. Where a new election is required under section 111,
the period during which a person may qualify as
an elector for the office to be elected shall be the
period of qualification specified under section 12 or
13 and the period following such qualification period
terminating on the date of the receipt by the clerk
of the municipahty of the copy of the judgment
under subsection 6 of section 111.

3. Where a vacancy otherwise occurs and the council
of the municipality or a school board for which the
clerk is required to hold elections requires an elec-
tion to be held to fill the vacancy, the period during
which a person may qualify as an elector for the
office to be elected shall be the period of quali-
fication specified under section 12 or 13 and the
period following such qualification period terminat-
ing on the date of the directive, by-law or notice
specified in clause a, b or c of subsection 1.

4. Where a by-law or question is to be submitted to
the electors, the period during which a person may
qualify as an elector entitled to vote on the by-law
or question, as the case may be, shall be the period
of qualification specified under section 12 or 13 and
the period following such qualification period ter-
minating on the date of the order of the Ontario
Municipal Board given under section 262 of The ^fg^- ^^''^•
Municipal Act. 1974, c. 32, s. 38 (1), amended.

(5) Where in the year following an election year the annual ^^^^
enumeration under The Assessment Act has, prior to the holding ^fj^- ^^^'
of the new election, been completed for the municipality or
municipalities in which the new election is to be held, the
assessment commissioner shall, within fourteen days of a request

bv the clerk or clerks of such municipality or municipalities,
furnish a new preliminary list of electors based on such annual
enumeration and in accordance with the requirements of this
Act pertaining to the preparation of such lists and such
preliminary list shall for all purposes, including revision by the
clerk, be the preliminary list of electors for the new election.
1972. c. 95. s. 90 (5). \

(6) The preliminary list for a new election, when revised, offfsf*^*"""
shall be subject to certification by the clerk under section 31

and to entry of names in the list under sections 33 and 56.
1974, c. 32, s. 38 (2). part.

(7) Where a vacancy occurs in any office and an election is o/i^g'Jjj^^e^
to be held to fill such vacancy, a person holding any other to be
office is not eligible to be a candidate for the vacant office for other
unless he has, before the nomination day for the new election. °

filed with the clerk a certified copy of his resignation from
the office that he then holds with evidence satisfactory to the
clerk that such resignation has been filed as required by
legislation governing the office that he then holds. 1972, c. 95,
s. 90 (6).

(8) Notwithstanding anything in this or any other general vacancy
or special Act, a new election shall not be held to fill aMarchsist
vacancy where the vacancy occurs after the 31st day of March year

of an election year. 1972, c. 95. s. 90 (7).

(9) If election to the office for which a new election is ^^^tf^nlst^
required is to be by ward or other form of division of the
municipality it is necessary to revise only that portion of the
preliminary list applicable to such ward or other part of the
municipality. 1974, c. 32. s. 38 (2), part.

Council may 93 Notwithstanding that a new election becomes necessary,

meet not- . , , o, 1 , 1 , •/■ , ,

withstanding meetings of the council may be held if a quorum of the
vacancy council is present. 1972, c. 95, s. 91.

EFFECT OF IRREGULARITIES

irrepiarttiea 94 No election shall be declared invalid,

not to offset *'^» >

result

(a) by reason of any irregularity on the part of the clerk
or in any of the proceedings preliminary to the poll ;

(b) by reason of a failure to hold a poll at any place
appointed for holding a poll ;

(c) by reason of non-compliance with the provisions of
this Act as to the taking of the poll, as to the counting
of the votes or as to limitations of time; or

(d) by reason of any mistake in the use of the prescribed
forms,

if it appears to the court having cognizance of the matter that
the election was conducted in accordance with the principles of
this Act and that the irregularity, failure, non-compliance or
mistake did not affect the result of the election. 1972, c. 95,
s. 92.

SECRECY OF PROCEEDINGS

procledin^ ^^' — (^) Every persou in attendance at a polling place or
at the counting of the votes shall maintain and aid in main-
taining the secrecy of the voting.

Interference

with

elector

(2) No person shall interfere or attempt to interfere with an
elector when marking his ballot paper, or obtain or attempt
to obtain at the polling place information as to how an elector
is about to vote or has voted.

tio^as^to^* ^^) ^^ person shall communicate any information obtained
voting at a polling place as to how an elector at such polling place

is about to vote or has voted.

Inducing
person to
show ballot

(4) No person shall, directly or indirectly, induce or attempt
to induce an elector to show his ballot paper after he has
marked it so as to make known to anv person how he has voted.

Voter not
to show

tMlllOt

(5) Subject to section 63, an elector shall not show his
ballot paper, when marked, to any person so as to make known
how he voted.

(6) No person who has voted at an election shall, in any No one com-

, , ^ ,. • , 1 • , • , pellable to

legal proceeding to question the election or return, be required disclose
to state how or for whom he has voted. 1972, c. 95, s. 93.

OFFENCES, PENALTIES AND ENFORCEMENT

06. Every person who, at an election, not^n"faHfiftd

(a) not being qualified to vote, votes ;

not qualified,
etc.

{b) being qualified to vote, votes more times than he is
authorized to vote by this Act ; or

is guilty of a corrupt practice and is liable to a fine of not more
than $1,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 94.

97. Every person who, voun^^b"^

proxy

{a) having appointed a voting proxy to vote at an election,
attempts to vote at the election otherwise than by
means of such voting proxy while the voting proxy
is in force ; or

{b) having been appointed a voting proxy at an election,
votes or attempts to vote at the election under the
authority of the proxy when he knows or has reasonable
grounds for supposing that his appointment has been
cancelled or that the elector who made the appoint-
ment is dead or is no longer entitled to vote,

is guilty of a corrupt practice and is liable to a fine of not
more than $ 1 ,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 95.

98. Every deputy returning officer or poll clerk who wilfully discount
miscounts the ballots or otherwise wilfully makes up a false of ballots
statement of the p)oll is guilty of a corrupt practice and is
liable to a fine of not more than $1 ,000, or to imprisonment for

a term of not more than six months, or to both. 1972, c. 95,
s. 96.

99. Every clerk, deputy returning officer or poll clerk who Neglect of
refuses or neglects to perform any of the duties imposed upon

him by this Act is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000. 1972,
c. 95, s. 97.

Offences ^^ 100. Every person who,

ballot

(a) without authority, suppHes a ballot to any person ;

{h) places in a ballot box a paper other than the ballot
that he is authorized by law to place therein ;

(c) delivers to the deputy returning officer to be
placed in the ballot box any other paper than the
ballot given to him by the deputy returning officer;

{d) takes a ballot out of the polling place ;

{e) without authority, takes, opens or otherwise inter-
feres with a ballot box or books or packet of ballots
or a ballot in use or used for the purpose of an
election ;

(/) being a deputy returning officer, knowingly puts his
initials on the back of any paper that is not a ballot,
purports to be or is capable of being used as a ballot
at an election ; or

ig) attempts to commit any offence mentioned in this
section,

is guilty of a corrupt practice and is liable to a fine of not more
than $1,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 98.

information 101. Every person who knowingly furnishes false or mis-
to authorized leading information to any person who by this Act is authorized
to obtain information is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000, or to
imprisonment for a term of not more than six months, or to both.
1972, c. 95, s. 99.

?nteng°uV 102. Every person who.

qualifled

or'pubii^hes'* (^) induces or procures any person to vote knowing that

false state- that person has no right to vote ; or

mentofwith- '^ "^

drawal of

{b) before or during an election knowingly publishes a
false statement of the withdrawal of a candidate,

is guilty of a corrupt practice and is liable to a fine of not
more than $ 1 ,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 100.

Bribery; io3,_(i) Every person who,

bribing

elector or (a) dircctlv or indirectly, himself or by any other person on

procuring .-./.f ,, ^ ■ i j

bribery by his behalf, gives, lends or agrees to give or lend, or

offers or promises any money or valuable consideration ,
or promises to procure or to endeavour to procure
any money or valuable consideration to or for any
elector, or to or for any person on behalf of any
elector, or to or for any person in order to induce
any elector to vote or refrain from voting, or
corruptly does any such act on account of any
elector having voted or refrained from voting at an
election ; or

(b) directly or indirectly, himself or by any other person on Q^g^^^'j."'"
his behalf, gives or procures or agrees to give or pro- promise of

„ "^ . rr 1 employment

cure, or oiiers or promises any omce, place or
employment, or promises to procure or to endeavour to
procure any office, place or employment to or for any
elector, or to or for any other person in order to
induce any elector to vote or refrain from voting,
or corruptly does any such act on account of any
elector having voted or refrained from voting at an
election ; or

(c) directly or indirectly, himself or by any other person anyoneTo
on his behalf, makes any such gift, loan, offer, promise, procure

e . return of

procurement or agreement, to or for any person, in candidate

, , . , , . J or endeavour

order to induce such person to procure or endeavour to procure
to procure the return of any candidate, or the vote of
any elector at an election ; or

(d) upon or in consequence of any such gift, loan, offer, bribe^to^
promise, procurement or agreement, procures or en- Pg°u"n^of
gages, promises or endeavours to procure the return of candidate
any candidate, or the vote of any elector at an
election ; or

{e) advances or pays, or causes to be paid, money to or to ^^^^^^^^
the use of any other person, with the intent that such be spent

r • 1 11 1 11- i '° corrupt

money or any part of it shall be expended in corrupt practices
practices at an election, or who knowingly pays or
causes to be paid money to any person in discharge or
repayment of money wholly or in part expended in
corrupt practices at an election ; or

(/) directly or indirectly, himself or by any other person on fifr^money
his behalf, on account of and as payment for voting or °[en'^fn°^'
for having voted, or for illegally agreeing or having considera-
agreed to vote for any candidate at an election, or on voting
account of and as payment for having illegally assisted
or agreed to assist any candidate at an election, applies
to such candidate for the gift or loan of any money
or valuable consideration, or for the promise of the

gift or loan of any money or valuable consideration,
or for any office, place or employment, or the
promise of any office, place or employment ; or

receiving
money,
uttlce, etc..
Tor having
voted

receiving

money

corruptly

after

election

giving or
promising
otflce to
candidate
to stand or
withdraw

{g) before or during an election, directly or indirectly,
himself or by any other person on his behalf, receives,
agrees or contracts for any money, gift, loan or
valuable consideration, office, place or employment,
for himself or any other person, for voting or
agreeing to vote, or for refraining or agreeing to
refrain from voting at an election ; or

{h) after an election, directly or indirectly, himself or by
any other person on his behalf, receives any money or
valuable consideration for having voted or refrained
from voting, or for having induced any other person to
vote or refrain from voting at an election ; or

{i) in order to induce a person to allow himself to be
nominated as a candidate, or to refrain from becoming
a candidate, or to withdraw if he has become a
candidate, gives or procures any office, place or
employment, or agrees to give or procure or offers or
promises to procure, or endeavours to procure any
office, place or employment for such person, or for any
other person.

is guilty of bribery, and on summary conviction is liable to a
fine of $200, or to imprisonment for a term of not more than
six months, or to both, and is disqualified from voting at
any election for four years.

Personal
expenses of
candidate

(2) The actual personal expenses of a candidate, his
reasonable expenses for actual professional services performed,
and bona fide payments for the fair cost of printing and
advertising and other lawful and reasonable expenses in
connection with the election, incurred by the candidate in good
faith and without any corrupt intent, shall be deemed to be
expenses lawfully incurred, and the payment thereof is not a
contravention of this Act.

Posting of (3) Xhe clerk shall furnish every deputy returning officer

as to corrupt with at least two copies of this section, and the deputy

practices ^ . „ , ,, , . . , i

returning officer shall jwst them in conspicuous places at the
polling place. 1972, c. 95, s. 101.

General
offence

104. Every person who contravenes any of the provisions
of this Act, for which contravention no penalty is otherwise
provided, is guilty of an offence and on summary conviction is
liable to a fine of not more than $1,000. 1972, c. 95, s. 102.

105. — (1) Where a candidate at an election is convicted of Disquaim-

11 r • 1 • • 1- -1 1 cation Of

bribery or oi committing a corrupt practice, he is ineligible persons
to be nominated and stand as a candidate at any election up corrupt
to and including the next regular election, or to hold any office '^^^^ ^°®
at the nomination of a municipal council or local board for four
years following the date of the poll.

(2) If, when the candidate is convicted of committing a Limitation
corrupt practice, the presiding judge finds that the act
constituting in law a corrupt practice was committed without
any corrupt intent, the candidate is not subject to the
penalties and disabilities provided by subsection 1. 1972,
c. 95.S. 103.

CORRUPT PRACTICES AND CONTROVERTED ELECTIONS

106. — (1) The validity of an election or of the election vaudity of
of any person to any office at such an election or whether etc..

•^ ^ .■'.,, . . determined

or not any person is guilty of a corrupt practice respecting by action
an election shall be tried and determined by an action
commenced by issuing a writ in the county or district court
for the county or district in which the municipality or the
administrative or head office of the local board is situated.

(2) Where the county or district court determines that a j^^j-Torru^ ,.
person has committed a corrupt practice it may, in addition practice
to any other penalty or order, impose the penalties provided
therefor under sections 96 to 102. 1972, c. 95, s. 104 (1, 2).

(3) Any elector entitled to vote at an election referred to ^^iJl^y

^ ' -' commence

in subsection 1 may commence an action under this section in action
relation to such election. 1972, c. 95, s. 104 (3), amended.

(4) No action shall be commenced after the expiration of Time for

^ ' * commencing

ninety days following the date of the poll at the election action
referred to in subsection 1. 1972, c. 95, s. 104 (4).

107. — (1) The judge shall, in a summary manner and^^®^^
without formal pleadings, hear and determine the questions
raised by or upon an action under section 106 and may give
directions as to the conduct thereof and may inquire into the
facts on affidavit, by oral testimony, or by trying an issue
framed by him, or by one or more of those means.

(2) Subject to subsection 1 and where not otherwise provided ^^^^
in this Act, the practice and procedure of the county or district
court apply to an action commenced under section 106.

(3) The action shall be tried by a judge without a jury, ^"t^gyt
1972, c. 95, s. 105. iury

Security
for costs

108. — (1) At the time of the commencement of an action,
security shall be given on behalf of the plaintiff to be applied
towards payment of all costs, charges and expenses, if any,
that may become payable by the plaintiff, including the costs
and charges of the clerk incurred in the publication of notices
in the municipality in respect of the writ of the action or
proceedings therein.

Idem

(2) The security shall be in the amount of $400 and shall be
given in accordance with the practice in cases where a plaintiff
resides out of Ontario. 1972, c. 95, s. 106.

Abatement
of action

109. — (1) An action abates on the death of a sole plaintiff
or the survivor of several plaintiffs.

Liability
for costs

(2) The abatement of an action does not affect any liability
for costs previously incurred.

Substitution
of plaintiff

(3) On the abatement of an action any person who might
have been a plaintiff may apply to a judge of the court or, during
the trial, to the trial judge to be substituted as the plaintiff.
1972, c. 95, s. 107.

Substitution
for

unqualified
person

110. Where a plaintiff is not qualified to be a plaintiff in

an action under this Act, the action shall not on that account
be dismissed if, within such time as a judge of the court or.
during the trial, the trial judge allows for that purpose, anotlur
plaintiff is substituted and substitution shall be made on such
terms and conditions as the judge considers proper. 1972,
c. 95, s. 108.

candf^te^ 111 . — ( 1 ) Where it is determined that a successful candidate
guilty of is guilty of bribery or of a corrupt practice, the court may
practi'ce declare his election void and his office shall thereupon become
vacant.

Unseating
and seating
of another
elected
candidate

(2) Where the election of any person is declared void, the
court may order that he be removed from office and, if it is
determined that any other person would have been elected
but for th(> corrupt practice that he be admitted to take his
seat in the council or board or, if it is determined that no
other person is elected, a new election shall be held.

Where (3) Where it is determined that any person isguilty of bribery

commission , . , ■• r i , -i

of corrupt or oi a corrupt practice and that the commission of the bribery

affected 3r corrupt practice affected the result of the election, the court

efecti'o? "lay declare the election void and a new election shall be held.

(4) Where it is determined that any act or omission of an where act of

^ election

election official affected the result of an election, the court official
may declare the election void and a new election shall be held, result of

election

(5) Where a new election is to be held, the court may make compensation
such order as it considers iust aeainst any person who is found where

..^ , „ f 1 1 , ,• 1 election void

guilty of an otience or of bribery or a corrupt practice under
this Act for the compensation of candidates at the void
election not exceeding $2,000 per candidate.

(6) The clerk of the court shall forward a copy of the judg- tocfeTk"^
ment and the reasons for judgment to the clerk of the munici-
pality. 1972, c. 95, s. 109.

1 12.— (1) If the court determines that a member was not Section set
duly elected, notwithstanding that an appeal from the deci- ^^'^^g^^j"^
sion is pending, he is not entitled to sit or vote on the entered
council or board until the appeal is disposed of and the
judgment of the court on appeal is received by the council or
local board, but where the court determines that some other

person was elected or is entitled to the seat, such person is, \

notwithstanding that an appeal is pending, entitled to take his
seat and to sit and vote until the appeal is disposed of and
the judgment of the court on appeal is received by the council
or local board. 1972, c. 95, s. 110.

(2) The decisions of a council reached with the participa- ^^^^^^^^^
tion of a member or members who is or are subsequently not affected

^ -^ by reason

declared to be not entitled to sit on council shall not in any ofsubseouent

way be affected on the grounds of the participation of such cat?on

member or members. New. i

113. A new election shall not be held until after the JJew^eiection
expiration of the time limited for appeal from the determination held pending

/•• . 1 1- -i ^ t 1- appeal

of the court that the election is void and, if an appeal is
brought, the election shall not be held pending the appeal.
1972.C. 95. s. 111.

114. — (1) An appeal lies from the judgment of the county DfJi|*Jn°i
or district court to the Divisional Court in accordance with court
the rules of court.

(2) The Divisional Court may give any judgment that ought or new trial
to have been pronounced or may grant a new trial for the
purpose of taking evidence or additional evidence and may remit
the case to the trial judge or to another judge and, subject
to any directions of the Divisional Court, the case shall
thereafter be proceeded with as if there had been no appeal.

Appeal from (3) An appeal lies from the decision of the trial judge to whom
new trial the case was remitted by the Divisional Court in accordance
with the provisions of this section. 1972, c. 95, s. 112.

Disclaimer 115. Any person elected may, at any time after the election

complaint and before it is complained of, deliver to the clerk of the

municipality a disclaimer, signed by him, to the following

effect :

"I, A.B., hereby disclaim all right to the office of

for the of

in the of

and all defence of any right I may

have to the same. Dated day of

19.... A.B."

1972, c. 95, s. 113.

Disclaimer

after

complaint

1 1 6. A person whose election is complained of, unless it is
complained of on the ground of bribery or of a corrupt practice
on his part, may, within one week after service on him of the
writ, transmit by registered mail, or deliver to the judge of
the court, and to the applicant or his solicitor, a disclaimer
signed by him to the following effect:

"I, A.B., upon whom a writ, authorized by The
Municipal Elections Act, 1972, has been served for
the purpose of contesting my right to the office

of in the county (or district)

of hereby disclaim the office, and

all defence of any right I may have to the same.

Dated day of , 19

A.B."

1972, c. 95, s. 114.

Duplicate
of disclaimer
to clerk

1 17. — (1) A person disclaiming shall deliver a duplicate of
his disclaimer to the clerk of the municipality, and the clerk
shall forthwith communicate it to the council or to the
secretary of the local board, as the case requires. 1972,
c. 95. s.'llS (1); 1974, c. 32. s. 39.

(2) A disclaimer in accordance with section 115 or 116°^®gnauon
operates as a resignation.

(3) A disclaimer in accordance with section 116 relieves Relief from

costs

the person making it from all liability for costs in an action
under section 104. 1972, c. 95, s. 115 (2, 3).

118. Proceedings for the removal from office of a person fybstitSted
whose election is alleged to have been undue or illegal, or who for quo
is alleged not to have been duly elected, and proceedings to proceedings
have the right of a person to sit in a council or as trustee
of a police village or as member of a local board, as the case
may be, determined shall be had and taken only under the
provisions of this Act. 1972, c. 95, s. 116; 1974, c. 32, s. 40,
amended.

119. — (1) The Minister may by order prescribe the forms ^0"''"^
required for the purposes of this Act, which forms may
be in both the English and French languages. 1975, c. 23, s. 1,
part.

(2) Any notices required to be posted, published or mailed No^t^ces in "\
under this Act may, in addition to being printed in the language

English language, be printed in the French language.

(3) The use in a municipality of forms prescribed in the Pi®^®'"'"^°*"
French language under subsection 1 or the printing of notices by council
in the French language under subsection 2 shall be deter- language
mined by by-law of the council of the municipality. New. °'"'"^'® ^■

120. Where any day specified in this Act for the under- "°"<**ys
taking of any proceeding pertaining to an election falls on a
holiday, the day specified shall be deemed to be the immediately
preceding day which is not a Sunday or a holiday. New.

121. Subsection 1 of section 27 of The Liquor Licence Act, g^27(i);*°'
1975, being chapter 40, is repealed and the following sub- re-enacted
stituted therefor:

(1) The council of a municipahty may submit one or g^J^J^sion
more of the questions prescribed by the regulations to vote
respecting the authorization for the sale of liquor in
the municipality to a vote.

(la) The council of a municipality shall submit to a ^**®'"
vote such questions prescribed by the regulations
respecting the authorization for the sale of liquor in
the municipality as are requested by {petition signed
by at least 25 per cent of the persons appearing on

the list of electors, as revised, prepared for the
previous municipal election.

1975. c. 40,

S.30.

repealed

122. Section 30 of the said Act is repealed.

123. Sections 31, 32 and 33 of the said Act are repealed

1975. c. 40.
88 31-33

re-enacted and the following substituted therefor:

Day of
polllngr
1977, c. .

31. The day fixed for taking the vote on any question
or questions shall be the day upon which, under The
Municipal Elections Act, 1977 , a poll would be held
at the election of members of the council of the
municipahty unless the council, with the approval
of the Board, fixes some other day and notifies
the clerk of the municipality to that effect, but a
poll shall not be held on any such question or
questions until after the expiration of two months
from the passing of a by-law for submitting the
question or questions where the council submits the
question or questions without a petition, nor until
after the expiration of two months from the filing
of the petition, as the case may be.

Who may
vote

1977, c.

32. — (1) The persons qualified to vote upon a question
or questions are such persons as would be eligible
to vote at an election held on that day pursuant to
The Municipal Elections Act, 1977 .

Qualification
period for
determining
eligibility
of electors

(2) Where the vote is held on a day other than the date
set for the election of members to the council of the
municipality, the termination of the qualification
period for determining the eligibiUty of electors
under paragraph 4 of subsection 4 of section 92 of
The Municipal Elections Act, 1977 is the date of the
approval given by the Board as required by sec-
tion 31.

Application
1977. c

^Z. The provisions of The Municipal Elections Act, 1977
apply to the taking of a vote under this Act.

Return to
Board

33a. The returning officer shall make his return to the
Board showing the number of votes polled for the
affirmative and negative on the question or questions
submitted and, upon the receipt of such return, the
Board shall give notice thereof in The Ontario
Gazette showing the total number of votes polled in
the municipality for the affirmative and negative
upon the question or questions.

1 24. Subsection 2 of section 34 of the said Act is repealed 8^34 (2)^°'
and the following substituted therefor: re-enacted

(2) The persons qualified to sign a petition pursuant to who entitled
section 27 or 28 are the persons whose names petition
appeared on the list of electors, as revised, pre-
pared for the previous municipal election held in the
municipality amalgamated or municipahty or part
annexed, as the case may be.

(3) The persons qualified to vote upon a question or^^9^jg^
questions are the persons who would be ehgible tojo^ote
vote at an election held in the municipahty amal-
gamated or municipality or part annexed, as the

case may be, held pursuant to The Municipal
Elections Act, 1977 .

125. The following are repealed : Repeals

1. The Municipal Elections Act, 1972, being chapter 95.

2. The Municipal Elections Amendment Act, 1974, being ' \
chapter 32.

3. The Municipal Elections Amendment Act, 1975, being
chapter 23.

126. This Act comes into force on the 1st day of January, Commence-
1978.

127. The short title of this Act is The Municipal Elections ^^°^^^^^^^

Act, 1977. j

3 hT!

•-1 c/5 p

2 c

3 ^'2

W
o
o

SLg

•I

>-K

r-t-

o
5^

Cl G

t\3

••««

1-1

&
S-

•i"

jir

0^5

OTQ

•5'

r-<-

r-t-

■-1

C/l

on'

(-f

■^

BILL 98 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to revise
The Municipal Elections Act, 1972

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill revises the existing Municipal Elections Act, enacted in 1972
and extensively amended in 1974.

Among the principal changes incorporated in the Bill are the following:

1. When any proceeding relating to an election falls to be taken on
a holiday as defined in The Interpretation Act, the proceeding shall
be taken instead on the next preceding dav that is not a holiday.

But spe note 4 below for special provision re pulling day (s. 1
par 15;s 120)

2. It is made clear that a candidate in an election is not eligible to
be appointed a deputy returning officer or a poll clerk, (s. 4 (1) ).

3. The clerk is empowered to delegate certain of his statutory duties
and authority to his election assistants, (s. 4 (6) ).

4. Polling day is changed from the first Monday in December to the
second Monday in November : howevei , it that Monday is a holiday,
polling da}- shall be the ne.\t lollowing day, (s. 11).

5. All qualified electors are entitled to vote on money by-laws,
rather than only owners of land and long-term tenants; the right
of corporate nominees to vote on money by-laws is removed,
(s. 16).

6. Nomination day is fixed as the Monday three weeks before polling
day: in addition nominations may be filed in the office of the clerk
during the week immediately preceding nomination day. (s. 35).

7 \\ here insufficient nominations are received by the end of nomination
day to fill vacancies to which candidates may be elected, additional
nominations may be received by the clerk up to 5 p.m un tin.
Wednesday following nomination day. (s. 37 (5) ). "^HJ

8. The occupation of a candidate will no longer be shown on nomination
naiKTs or ballots, (ss. 36, 43).

'' Employees must be afforded 3 consecutive hours off work whiK \
polls are open for voting, (s. 49 (2, 3) ).

10. The requirement for the use of a poll book is removed and a duplicate
polling list is to be used by the poll clerk in its stead, (s. 55).

11. Voting proxy certificates may be obtained from the clerk up to
5 p.m. un polling day. (s. 67 (5) ).

12. The clerk is given powers to adopt any necessary procedures for
the conduct of the poll when an emergency situation arises on
polling day. (s. 69).

13. Certain technical changes are made in respect of the procedure on
recounts, (s. 83).

14. Notices required under the Act, may, at the option of the munici-
pality, be printed in the French language in addition to the English
language, (s. 119).

15. Munici(>alities may provide for limitations on election expenditures
and require disclosure of contributions, (s. 121). *^^|

16. Amendments are made to The Liquor Licence Act, 1975 to provide
that the provisions of The Municipal Elections Act, J977 apply to
the taking of a vote under the first-mentioned Act. At present,
while the taking of a vote is generally to be held on the same day
as the vote is taken under The Municipal Elections Act, 1972 the
provisions of The Election Act (that govern elections to the
Assembly) apply in respect of such matters as the preparation
and revision of the lists, the time and manner of holding of the
poll, the forms and oaths to be used and administered and the
powers and duties of returning officers. Confusion will be avoided
if the same procedures apply in respect of the taking of the vote
in both cases, (ss. 122-125).

BILL 98 1977

An Act to revise
The Municipal Elections Act, 1972

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

1. In this Act, interpre-

tation

1. "advance poll" nieans a poll held under section 66;

2. "assessment commissioner" in relation to a munici- \
pality means the assessment commissioner appointed

under The Assessment Act for the assessment region in ^f2° ^^'°'
which the municipality is situate ;

3. "assistant returning officer' ' means a person appointed
by the clerk to assist him in the conduct of the
election ;

4. "assistant revising officer" means a person appointed
by the clerk to assist him in the revision of the list of
electors ;

5. "candidate" means a person who is nominated for
election to office in accordance with this Act and
whose nomination is certified by the clerk ;

6. "clerk" with respect to a municipality means the
clerk of the municipality ;

7. "constable" means a constable or a person appointed
as a constable by the clerk or the deputy returning
officer to maintain peace and order at an election ;

8. "corrupt practice" means any act or omission in
connection with an election in respect of which an
offence is provided under the Criminal Code (Canada) f c-m^*^**'
or which is a corrupt practice under this Act ;

9. "deputy returning officer" means a deputy returning
officer appointed for a polling place under this Act ;

10. "election" means an election governed by this Act;

11. "election assistant" means a person appointed by the
clerk to assist in the conduct of an election ;

12. "election year" means a year in which a regular
election is held in accordance with the provisions
of this Act;

13. "elector" means a person entitled under this Act to
vote in an election ;

R.S.0. 1970, 14. "enumerated' means enumerated under T/jg .4 .ss^ii-

c. 32 .

ment Act;

^'z^' ^^°" ^^- "holiday" means a holiday as defined in The Interpre-

tation Act;

16. "local board" means a local board as defined in
R.S.0. 1970, The Municipal Affairs A ct ;

17. "locality" means territory without municipal organ-
ization that is deemed a district municipality under

1974, c. 109 The Education A ct, 1974 ;

18. "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;

19. "municipahty" means a city, town, village or town-
ship;

20. "new election" means an election other than a regular
election ;

21. "nomination day" means the last day for filing
nominations ;

22. "oath" includes an affirmation;

23. "office" means an office, the election to which is
governed by this Act ;

24. "owner or tenant" means a person enumerated as
owner or tenant of land separately assessed or liable
to be separately assessed under The Assessment Act;

25. "polling day" means the day on which the poll is to
be taken under this Act ;

26. "polling list" means the list of electors for each
polling subdivision revised and certified by the clerk ;

27. "polling place" means the area designated by the
clerk in which the facilities for the conduct of the
poll are situate ;

28. "polling subdivision" means a polling subdivision
established by the clerk under this Act ;

29. "preliminary list" means a preliminary list of
electors ;

30. "prescribed" means prescribed by the Minister;

31. "public school elector" means an elector who is not a
separate school elector ;

32. "quorum" means a majority of the members of
council or of a local board or the trustees of a police
village, as the case may be;

33. "regular election" means an election required to be
held under section 10 of this Act;

(6) The place where a person occupies a room or
part of a room as a regular lodger or to which
he habitually returns not having any other
permanent lodging place, shall be deemed to
be his residence ;

35. "scrutineer" means any person appointed as a
scrutineer by a candidate or by a council under
section 6 ;

36. "separate school elector" means an elector who is a
Roman Catholic separate school supporter or who is
a Roman Catholic and the spouse of such supporter
and any person entitled to be a separate school elector
under The Education Act, 1974. 1972, c. 95, s. I;m4.c.i09
1974, c. 32, s. 1, amended.

APPLICATION OF ACT

^jPjf^cation 2. Notwithstanding any other general or special Act,
this Act applies to and governs all elections,

(a) to the offices of,

(i) member of the council of a municipality,

(ii) member of the council of a regional munici-
pality where such office is required to be
filled by a vote of the electors of an area
municipality,

(iii) trustee of a police village,

(b) to obtain the assent of electors on any by-law
required or authorized by law to be submitted for
their assent at an election ; and

(c) to obtain the opinion of the electors on any question
required or authorized by law to be submitted to
the electors at an election. 1975, c. 95, s. 2 (1),
amended.

ELECTION OFFICIALS

officeHn"^ (2) FoT the purposc of elections of trustees of a police

police village, the clerk of the municipality in which the police

village is located shall be the returning officer for the election

and where the police village is located in two or more

municipalities,

(a) the nominations for trustees shall be filed with the
clerk of the municipality having the largest number
of electors of the fX)lice village who shall send to the
clerk of each municipality concerned by registered
mail within forty-eight hours after the closing of
nominations the names of the candidates ; and

{b) the clerk of each other municipahty in which part
of the poHce village is located shall be the returning
officer for the vote to be recorded in his munici-
pality and he shall forthwith report the vote recorded
to the returning officer referred to in clause a who
shall prepare the final summary and announce the
vote.

(3) The clerks of municipalities to which subsections 23 9^®^^^
and 28 of section 57 and subsection 21 of section 110 of The relation to
Education Act, 1974 apply shall perform the duties as boards
returning officers for the purposes of an election under this ^^'^'^- ^- ^°^
Act as are specified in those provisions. 1972, c. 95, s. 3,
amended.

4. — (1) The clerk of every municipality shall for the pur- ^o^cfer^**
poses of an election appoint a deputy returning officer and a
poll clerk for each polling place established in the municipality
and, as far as is practicable, the deputy returning officers
and poll clerks shall be appointed for polling places for the

polling subdivisions in which they reside but no candidate is -\

eligible to be appointed as a deputy returning officer or poll
clerk. 1972, c. 95, s. 4 (1), amended.

(2) If a deputy returning officer or poll clerk signifies to the^^^^^re
clerk that he will not act, the clerk shall appoint another to act
person to act in his place.

(3) If a deputy returning officer or poll clerk does not No^n-^^^^^^
attend at the opening of the poll, the clerk shall appoint of d.rxj^
another person to act in his place.

(4) If a deputy returning officer through illness or for any other fo^^ct fo'r^
reason becomes unable to perform his duties on polling day,D.R.o.
the clerk shall appoint another person to act in his place.

1972, c. 95, s. 4 (2-4), amended.

(5) The clerk may appoint election assistants, assistant Assistants
returning officers and assistant revising officers to assist him

(6) The clerk may, in writing, delegate to the assistant fy clerk °°
returning officers and assistant revising officers appointed

under subsection 5, such of his statutory rights and duties
in relation to the preparation for and conduct of the election
as he considers necessary. New.

Duties of
poll clerk

(7) The poll clerk and an election assistant, if any, shall
assist the deputy returning officer in the performance of the
duties of his office and shall obey his orders. 1972, c. 95,
s. 4 (6).

o»th (8) Every returning officer, deputy returning officer, poll

clerk, election assistant, assistant returning officer, assistant
revising officer, scrutineer, constable and other person author-
ized to attend at a polling place shall, before entering upon
his duties, take and subscribe an oath in the prescribed form.
1972, c. 95, s. 4 (7); 1974. c. 32, s. 2.

Oath of
D.R.O.

^dm"\ster ^* — ^^^ Except where otherwise provided, an oath may be
oaths administered by any person authorized by law to administer

oaths in Ontario.

Idem

No charge

(2) The clerk may administer any oath required by this Act,
and deputy returning officers and poll clerks may administer
any such oath except an oath to be taken by the clerk.

(3) Every person administering an oath under or for the
purposes of this Act shall administer the oath gratuitously.
1972, c. 95, s. 5.

Scrutineers Q^ — (1) Each candidate may appoint in writing such

candidate number of persons who are at least sixteen years of age as he

considers advisable as scrutineers to represent him in a

polling place and at the counting of votes under this Act.

1972. c. 95. s. 6 (1). amended.

Limit on

number

present

Scrutineers
appointed
by council

(2) Not more than one scrutineer representing each can-
didate may be present for any of the purposes specified in
subsection 1 at any time. 1972, c. 95, s. 6 (2).

COSTS OF ELECTION

8. — (1) Except where otherwise specifically provided by cost of
this or any other special or general Act, the cost of an
election shall be borne by the municipality in which it is held.

(2) The reasonable expenses incurred by a clerk or any other of^'^n^^el-^s
officer for printing, providing ballot boxes, ballot papers,
materials for marking ballot paper, and balloting compart-
ments, and for the transmission of packets, and reasonable

(3) Where the clerk of a municipality is required to conduct Expenses of

^ ' . r J n by-election

an election of a member or members of a local board other of locai \

than at a regular election, the board shall forthwith reim-
burse the treasurer of the municipality for the cost of em-
ploying deputy returning officers, poll clerks and other election
officials and for the reasonable expenses incurred by the clerk
or any other officer of the municipality for advertising the
times and places for nomination and of polls, for printing,
for providing ballot boxes, ballot papers, materials for marking
ballot papers, and balloting compartments, for the trans-
mission of packets, and for reasonable costs including the
cost of printing and distribution of but not preparation other-
wise of the polling list. 1972, c. 95, s. 8 (3), amended.

TERM OF OFFICE

9.— (1) Notwithstanding any other general or special Act ^p^^-^'-'*''
and except where otherwise specifically provided in this Act, the
term of office of all offices, the election to which is governed
by this Act. shall be two years, commencing on the first day
of December in an election year. 1972, c. 95, s. 9 (1), amended.

(2) The holders of offices hold office until their successors co"uncn^*
are elected and the newly elected council or local board is organized
organized. 1972, c. 95, s. 9 (2).

BIENNIAL ELECTIONS

10. — (1) An election shall be held in accordance with this Election

' y6fl.r

Act in each municipality in the year 1978 and in every"

Vote on

question,

etc.

1975. c. 40

Polling
day

Idem

second year thereafter for the purpose of electing persons
to offices. 1972. c. 95, s. 10 (1), amended.

(2) Where a by-law requires the assent or a question is
authorized or required to Ix.^ submitted to obtain the opinion
of the electors, the vote thereon shall be taken at the next
regular election unless otherwise provided by order of the
Ontario Municipal Board or in the case of a question sub-
mitted under The Liquor Licence Act, 1975, unless the Liquor
Licence Board approves the taking of the vote on some other
day. 1972, c. 95, s. 10 (4), amended.

POLLING DAY

11. — (1) Polhng day in a regular election shall be the
second Monday in November in each election year. 1972,
c. 95, s. 11. amended.

(2) Where polling day as specified in subsection 1 falls on
a hohday. polhng day shall be the next succeeding day that
is not a hohday. but the day for the undertaking of any
other proceeding pertaining to the election shall not be
affected thereby. New. '"'W^

Electors,
resident

Electors,
non-resident

QUALIFICATION OF ELECTORS

12. A person is entitled to be an elector in a municipality

if he is not disqualified under this or any other .\ct or
otherwise prohibited by law from voting in the election and
if, at any time during the period conimenring on the Tuesday
following the first Monday in September in an election year
and ending on the Friday in October that precedes polling
day by seventeen days, he,

[a) is a resident in such municipality;

[b) is a Canadian citizen or other British subject ; and

[c) has attained the age of eighteen years or on or before
polling day will attain the age of eighteen years.
1974, c. 32, s. 5, part, amended.

13. A person is entitled to be an elector in a municipality
if he is not disqualified under this or any other Act or other-
wise prohibited by law from voting in the election and is not
resident in such municipality at any time during the period
commencing on the Tuesday following the first Monday in
September in an election year and ending on the Friday in
October that precedes polling day by seventeen days, but
at any time during such period, he,

(a) is the owner or tenant of land in the municipality
or the spouse of such an owner or tenant ;

(6) is a Canadian citizen or other British subject; and

(c) has attained the age of eighteen years or on or before
polling day will attain the age of eighteen years.
1974, c. 32, s. 5, part, amended.

14. No judge of any court is qualified to vote in any J^^^.^s not
election. 1974, c. 32, s. 5, part. to vote

15. For the purpose of sections 12 and 13, a statutory ^^j^|[jce of
declaration by a person claiming that he is a Canadian citizen

or other British subject is prima facie proof of the fact
declared to. 1972, c. 95, s. 14.

QUALIFICATION OF ELECTORS TO VOTE ON MONEY BY-LAWS

1 6. Every person entitled to be an elector in a municipality ^teoif^
under section 12, 13 or 33 is entitled to be an elector to vote on money

DV~l3,WS

a money by-law submitted for the assent of the electors of the
municipaUty. 1972, c. 95, s. 15, part.

POLLING SUBDIVISIONS

17. Subject to section 18, the clerk shall divide the Polling "\
municipahty into polling subdivisions and shall not later '^^

than the first day of April in an election year inform the
assessment commissioner of the boundaries of each sub-
division. 1972, c. 95, s. 17 (1); 1974, c. 32, s. 8, amended.

18. A polling subdivision shall not, so far as is practicable, ^*^®
(a) contain more than 350 electors ; or

{h) extend beyond the boundaries of one ward or of an

electoral district established fpr the purposes of the /

election of members to the Assembly. 1972, c. 95, ^

s. 17 (2).

PREPARATION OF PRELIMINARY LIST OF ELECTORS

10. An assessment commissioner shall, during the period j^^['j|p'"*''y
commencing on the Tuesday following the first Monday in eioctons
September and ending on the 30th day of September in an
election year, from an enumeration taken during that period,
compile for each polling subdivision in each municipality and
locality in his assessment region a list containing the name
and address of each person who meets the requirements for
an elector under section 12 or 13 and such list shall signify
opposite the name of an elector,

(a) who does not reside in the municipality, that he
does not so reside ;

(6) who is enumerated as a Roman Catholic separate
school supporter, that he is a separate school
elector ;

1974. c. 109

For polling
subdivision
where no
wards

(c) who is a Konian Catholic and the sjxnise of a Roman
Cathohc separate school supporter, that such s[)()iise
is a separate school elector ;

(d) who is enumerated as a separate school elector in
accordance with The Education Act, 1974, that he is
a separate school elector;

{e) who is an owner or tenant of land in the municipalitv.
that he is such an owner or tenant. 1972, c. 95,
s. 18; 1974, c. 32. s. 9, amended.

20. — (1) In a municipahty or locality that is not divia« .;
into wards, the name of an elector shall be entered on the
preliminary list,

{a) for the polling subdivision in which the elector
resides ; or

{b) if the elector does not reside in the municipality
or locality, for the polling subdivision in which he or
his spouse is owner or tenant of land.

poHing (^^ ^^*^ name of an elector shall not be entered under this

subdivision section on the preliminary list for more than one |X)lling sub-
""'^ division. 1972, c. 95, s. i9.

f^o^'poiiinR 21. — (1) In a municipality that is divided into wards, the

subdivision — • \ / r j

where wards name of an elector shall be entered in the preliminary list,

(a) where he resides in the municipality, for the polling
subdivision in which he resides; or

{h) where he does not reside in the municipality, for a
polling subdivision of a ward in which he or his
spouse is the owner or tenant of land.

poHinT ^^^ ^^^ name of an elector shall not be entered under this

subdivision section in the preliminary list for more than one polling
subdivision. 1972, c. 95, s. 20.

List

delivered
to clerk

ofTisu"°° 23. Where it is apparent to the clerk or the secretary

manifest of the school board that the list or part thereof delivered to

errors in iti

him under section 22 is not in conformity with the require-

ments for the polling subdivisions or that the list contains
gross or manifest errors, the clerk or the secretary, as the
case may be may, prior to the printing or reproduction of
the list required under section 24, correct the list or part
thereof and shall forthwith notify the assessment commissioner
of such corrections. 1974, c. 32, s. 10, amended.

PRELIMINARY LIST OF ELECTORS

24. Immediately after receipt of the list of electors Pointing
delivered by the assessment commissioner under section 22,
the clerk or secretary of the school board referred to in the
said section 22, after making corrections, if any, under sec-
tion 23, shall,

{a) cause the list to be printed or reproduced and such
list shall be the preliminary list of electors ;

{b) fix the places at which and the times when revision
of the list will be undertaken, and, subject to sub-
section 2 of section 25, such revision shall com-
mence no later than fourteen days after dehvery of
the list to the clerk under section 22;

(c) post notice of the date of the posting of the list,
the last day for filing applications for revision of
the hst for the purpose of including names of electors
who have not been included or of making additions
or corrections to or deletions from the list, and the
places and times at which the revision of the list
will be undertaken in at least two conspicuous places
in the municipality, and where there is a newspaper
having general circulation in the municipality,
publish the notice in such newspaper. 1974, c. 32,
s. 11 , amended.

REVISION OF PRELIMINARY LIST OF ELECTORS

25. — (1) Immediately after the printing or reproduction J^y^^ion
of the preliminary list of electors, the clerk shall post one
cop)y of the list in a conspicuous place in his office and in at
least two other conspicuous public places in the municipality.
1972, c. 95, s. 23 (1) : 1974, c. 32. s. 12 (1), amended.

\2) The day of posting copies of the preliminary list under Jo^fn"'"
subsection 1 and of giving notice under section 24 shall be
at least five days before the last day for filing applications
for revision. 1972. c. 95. s. 23(2); 1974. c. 32. s. 12 (2K
amended. '^■B

fol^flun^ (3) The last day for the filing of applications for revision

applications of the preliminary list shall be the seventeenth day im-

for rovision * ■/ ■'

ofpreiimin- mediately preceding polling day and such applications may
"^ ' be filed with the clerk during his normal office hours. 1974,

c. 32, s. 12 (3), amended.

^^^11 (4) The clerk shall affix to the outside or cover of each copy

to list of the preliminary list of electors for an election a notice in

prescribed form, over his name,

(a) stating that the list is a preliminary list of all
electors for the election or is a preliminary hst of
all electors for the polling subdivision, as the case
may be, prepared as required by this Act;

{h) setting forth the date on which the list was posted up
in the office of the clerk ;

{c) giving notice to all electors to examine the list for the
purposes of making additions or corrections to or
deletions from the list ; and

[d] stating the last day for filing applications concerning
such inclusions, additions, corrections or deletions.
1972, c. 95, s. 23 (3); 1974, c. 32, s. 12 (4).

Copies (5) At the time of posting a notice under subsection 1, the

clerk shall deliver or mail one copy of the preliminary list to,

[a] the assessment commissioner;

[h) every member of the council of the municipality and
every trustee of a police village all or part of which
is in the municipality ;

(c) the secretary of every local board the members of
which are required to be elected at an election to be
conducted by the cirrk ;

{d) the clerk of the council of the county or of the district,
regional or metropolitan municipality in which the
municipality is situate ;

[e] the clerk of the municipality responsible for con-
ducting the elections in any combined area for school
board purposes;

(/) the member of the House of Commons and the
member of the Assembly representing the electoral
district in which the municipality or any part thereof
is situate.

(6) Every candidate for any office in an election is entitled enutied'^^
to be furnished by the clerk with two copies of the preliminary to copies
list of electors entitled to vote in an election to such office.
1972,c.95,s. 23(4, 5).

26. — (1) The clerk or an assistant revising officer shall Jf®y^g^*°°
attend at the revision of the preliminary list and shall con-
tinue to do so from day to day or as required until all
applications filed on or before the last day for filing appli-
cations for revision of the list have been disposed of. 1974,
c. 32, s. 13, part, amended.

(2) Notwithstanding that the time for filing applications ^pp^fcations
for revision of the preliminary list under section 25 has not maybe

1111 1 -1 1- • considered

expired, the clerk may proceed to consider such applications

as from time to time may be received and may determine \

and dispose of them. 1974, c. 32, s. 13, part.

27. — (1) A person whose name has not been included in the APp''/it"°" „

^ ' r to enter name

preliminary list for a polling subdivision in a municipality '"^i^toi"

or whose name has been included therein but the informa- information

tiJn relating to him set out therein is incorrect or whose

name has been included therein as a non-resident and who

is qualified to be an elector in more than one ward in the

municipality may apply to the clerk or assistant revising

officer of the municipality on or before the last day for filing /

applications for revision of the list to have his name included

on the list or to have such information corrected or to have

his name deleted from the list and to have it entered in the

list of another ward in which he or his spouse is the owner

or tenant of land.

(2) Every person applying under this section shall sign Ap|itcation
an application in the prescribed form in which all the informa- declaration
tion shall be sufficiently filled in, either by the applicant
personally or by the clerk or assistant revising officer at the
applicant's request and shall declare that he understands
the effect of the statements in the application and that he
is an elector entitled to have his name included on the list
or to have the list corrected pursuant to his request before
the clerk or assistant revising officer enters his name on the
list or corrects the preliminary list, as the case may be.
1972,0. 95, s. 25(1. 2).

Application
filed person-
ally or by
agent

(3) An application made under this section and duly
signed by the applicant may be filed by the applicant or by
his agent on his behalf. 1974, c. 32, s. 14.

Interpreter

(4) When the language of an applicant under this section is
not understood by the clerk or assistant revising officer, an
interpreter provided by the applicant may be sworn and may
act, but in the event of inability to secure an interpreter, the
application may be refused.

Decision
to amend
list

Refusal to
amend list

Application
for deletion
of name

Notice to
person
where name
objected to

Copy of
application
to be served

Notice to
applicant

Decision of
clerk, etc.

(2) The clerk, upon receipt of an application under this
section, shall forthwith cause to be served personally on or
sent by registered mail to the person concerning whom the
application is made at the address given in the prehminary
list and at such other address, if any, as may be mentioned
in the application, a notice of hearing requiring such
person to appear in person or by his representative on a day
and at a time to be fixed in the notice.

(3) A copy of the application shall accompany a notice
served or sent under subsection 2.

(4) The clerk shall notify the applicant of the time and
place of the hearing.

(5) On the day for the hearing fixed in a notice given
under this section, the person filing the application shall

(6) Where a person concerning whom an application ^^|cted^to°"
has been made under this section or his representative does does not
not attend before the clerk or assistant revising officer on the
day of hearing fixed in the notice and the clerk or assistant
revising officer is satisfied that due notice of application
has been given to the person or that he could not be found
and the registered notice could not be delivered, the clerk
or assistant revising officer may delete the name of such
person from the preliminary list of electors but shall not
do so except upon evidence under oath which satisfies him
that the name should not have been included in the list.
1074. c. 32, s. 15 (2).

Where for any reason the name of a person is deleted ^^g® ^

from a preliminary list of electors, the clerk shall forthwith deleted from

, , 11 111 preliminary

cause to be served personally on or sent by registered mail list
to that person at the address given in the preliminary list
a notice indicating the reasons for which the person's name
was deleted from the preliminary Hst and advising of the
voting procedures under sections 33 and 56. New. ""^1

29. Subject to section 33 or 56, the decision of the clerk or flnai**°°
assistant revising officer to enter on or delete the name of a
person as an elector from the preliminary list of electors is final

for the purposes of this Act. 1072, c. 05, s. 27.

30. Upon determination of all applications for revision of ffchan'^e'
the preliminary list of electors for a municipality tiled on or

before the last day for filing applications for revision
thereof, the clerk shall compile a statement of inclusions
in, additions and changes to and deletions from the list,
bearing the full name and address of each person who is
the subject of the inclusion, addition, change or deletion,
and shall send a certified copy of such statement to each
person specified in subsections 5 and 6 of section 25.
1974, c. 32, s. 16, amended.

POLLING LIST

31. After compilation of the statement of additions, p°"">«"»''
changes and deletions required under section 30, the clerk shall

prepare the polling list of electors for each polling subdivision
in his municipality by making the appropriate changes in the
preliminary list in accordance with the statement and shall
certify the list as so revised. 1972, c. 95, s. 29 (1).

Only
persons
in list
entitled
to vote

32. Except as provided in sections 33, 51 and 56 no per-
son is entitled to vote at an election unless his name appears
in the polling list certified under section 31 for the polling
subdivision in which he tenders his vote. 1972, c. 95, s. 30.

onifs^tbv"*"^^ 33. — (1) If a person whose name is omitted from a polling
D.R.o. list certified under section 31, at any time after preparation of

Idem

(2) Where the name of a person is omitted from the polling
hst as finally revised and such person satisfies the clerk of the
municipality on oath that he was under section 12 or 13
otherwise entitled to be an elector and to be entered on the
preliminary list except that he was not a Canadian citizen
or other British subject, if such person produces for the
inspection of the clerk his certificate of naturalization or other
conclusive evidence that he has become a Canadian citizen
or other British subject, the clerk may issue a certificate
authorizing the proper deputy returning officer to enter the
name of such person on the polling list to entitle him to vote
as if his name had been entered thereon before the list was
revised. 1974. c. 32, ^. 18 (1).

tobe*^^*'^ (3) A person is not entitled to vote under this section unless

produced at the time he requests a ballot he produces and files with the

deputy returning officer the certificate given by the clerk under

subsection 1 or 2. 1972, c. 95, s. 31 (3) ; 1074. c. 32. s. 18 (2).

ass^ss'ment ^^^ ^^^ clerk shall furnish a copy of each certificate issued
com- under this section to the assessment commissioner before

the first Monday in December in an election year. 1974,

c. 32, s. 18 (3), part, amended.

Entry on

polling

list

(5) The deputy returning officer shall enter or cause to be
entered on the polling hst maintained by the poll clerk

opposite the name and residence of the person voting under
the authority of a certificate issued under this section, the
words "Voted under section 33 certificate".

(6) The deputy returning officer shall enclose all certi- ^^ [,e k^*t^^
ficates to which this section applies in one envelope. 1974, in separate
c. 32, s. 18 (3), part, amended. ^"^^ °^^

NOMINATIONS

34. Any person who is qualified to hold an office under the )J[,^i^at^ed^
Act constituting the office may be nominated as a candidate
for such office. 1972, c. 95, s. 32.

35. — (1) Nomination day for a regular election shall be Nomination
Monday, the twenty-first day before polling day. 1972,
c. 95, s. 33 (1).

(2) Persons may be nominated as candidates in an J^^^°^
election between 9 o'clock in the forenoon and 5 o'clock nomination
in the afternoon of nomination day, but nothing in this
section prevents a person from filing a nomination paper

with the clerk during his normal office hours in the week
immediately prior to nomination day. 1974, c. 32, s. 19 (2),
part, amended.

(3) The clerk shall, at least seven days prior to nomination ^°^l^^
day, post in at least two conspicuous places in the munici- forfliine

Tioiniii&ijioiifi

pahty notice of the date and times for fihng nominations
and of the offices for which persons may be nominated as
candidates in the election, and, where there is a newspaper
having general circulation in the municipahty, publish at
least seven days prior to nomination day the notice in such
newspaper. 1974, c. 32, s. 19 (2), part, amended.

[a) shall be signed by at least ten electors whose names
are entered, or entitled to be entered under section
33, in the polling lists of electors entitled to vote
in an election to such office;

(6) shall state the name and address of the person
nominated in such manner as will identify him and
the office for which he is nominated; and

((•) shall state the name and address of each elector
signing the nomination paper and, where the office
for which the person is nominated is a member of a
school board, that such nominator is a public school
elector or a separate school elector, as the fact is.
1974, c. 32, s. 20 (1), amended.

deciamtimf ^^^ '^^ nomination is valid unless there is filed with the
to be filed nomination paper a consent in writing to the nomination and

a declaration of qualification in the prescribed form by the

person nominated. 1972, c. 95, s. 34 (2).

Puj'iic (3) A nomination paper nominating a person for an office

nominators the holder of which is required to be elected by public school

electors shall be signed by public school electors only. 1972,

c. 95, s. 34 (3); 1974, c. 32, s. 20 (2).

schoof^^ (4) A nomination paper nominating a person for an office

nominators the holder of which is required to be elected by separate school

electors shall be signed by separate school electors only.

1972, c. 95, s. 34 (4); 1974, c. 32, s. 20 (3).

Separate (5) Each person to be nominated for election to an office

nomination \ / r

papers shall be nommated by a separate nommation paper, but an

elector may sign more than one nomination paper for the
same person and the nomination papers of more than one
person. 1972, c. 95, s. 34 (5), amended.

pef*« (6) After a nomination paper is filed with the clerk it shall

to keep ^ ' . . . . , , , ,

nomination remam m the possession of the clerk.

paper *^

Onus on (7) The onus is on the person nominated for election to an

DGrson ^

nominated office to file a bona fide nomination paper. 1972, c. 95,
s. 34 (6, 7).

byc?erk''°" ^'^ ' — (^) Where a nomination paper is filed in the office of a
clerk, the clerk or his assistant returning officer shall endorse
upon it the date and time of its filing. 1972, c. 95, s. 35 (1).

ofcierk*^^ (2) Where a nomination paper is filed in the office of a

clerk prior to nomination day, the paper shall be examined

by the clerk and, if he is satisfied that the requisite number
of the nominators whose signatures appear on the nomination
paper are electors entitled to vote for the office, he shall so
certify in writing. 1972, c. 95, s. 35 (2) ; 1974, c. 32, s. 21 (1).

(3) When the nomination papers have been certified by Posting
the clerk he shall cause the name and address of each
candidate nominated and the office for which the candidate

is nominated to be posted up in his office or other con-
spicuous place open to inspection by the public. 1972,
c. 95, s. 35 (3), amended.

(4) Where a nomination paper is filed in the office of a fl^ie^^'o^
clerk on nomination day, nomination

•^ day

(a) the clerk shall accept the nomination paper and
cause the name of the person nominated to be posted
up in accordance with subsection 3 ;

(b) if, on examination of the nomination paper prior to
4 o'clock in the afternoon on the day following
nomination day, it appears to the clerk that the
requisite number of nominators whose signatures
appear on the nomination paper are not electors
entitled to vote for the office, he shall reject the
nomination and give notice of the rejection im-
mediately by registered mail to the person nominated
and all candidates for that office, but if he is satisfied
that the nominators meet such requirements, he
shall so certify in writing. 1972, c. 95, s. 35 (4);
1974, c. 32, s. 21 (2), amended.

(5) Where the number of candidates for an office who are ^^^tferof
nominated at the end of nomination day is not sufficient to candidates

1-11 11 nominated

fill the number of vacancies to which the candidates may be insufficient
elected, on the Wednesday following nomination day the
clerk may, between the hours of 9.00 o'clock in the forenoon
and 5.00 o'clock in the afternoon, receive and certify
additional nominations for the office in respect of which
there was an insufficient number of candidates. New. "^K

(6) Certification by the clerk in accordance with subsection 2 Sy'c^erk ''°"
or 4 with respect to a nomination paper shall be conclusive
evidence of the facts certified and shall not be open to
challenge thereafter. 1972, c. 95, s. 35 (5), amended.

(7) The clerk shall establish and maintain in his office a ^n^idates
list setting out the name and residence of every candidate
whose nomination has been certified under this section for the
respective offices for which persons mav be nominated in the

order of certification and copies of this list shall be promin-
ently displayed in one or more locations and the list shall
be completed no later than 4 o'clock in the afternoon of the
day following nomination day provided that where tiic clerk
has received additional nominations under subsection 5, a
list showing the names of the additional candidates nominated
shall be completed and posted by the clerk no later than
4.00 o'clock in
nomination day.
a >n end I'd.

the afternoon oi the Thursday following
1^72. c. 05, s. :i5 (6J ; 1074. c. h, s. 21 (M,

DEATH OF A CANDIDATE

38. If as a result of a candidate nominated for election to

Election on
death of

candidate an office dying before the close of the poll for the election,

(a) a person would be elected by acclamation to such
office, the election to such office is void and a new
election shall be held to fill such office ; or

(b) no person would be elected by acclamation to such
office, the name of the deceased candidate shall be
omitted from the ballots or if the ballots have already
been printed, the clerk shall cause notice of the death
of the candidate to be posted up in a conspicuous
place in every polling place and the election shall be
proceeded with as if the deceased candidate had not
been nominated. 1972, c. 95, s. 36.

Withdrawal
of nomina-
tion

Where
nominated
in more
than one
office

WITHDRAWAL OF NOMINATIONS

39. — (1) A person nominated as a candidate in an election
may withdraw his nomination by instrument in writing, verified
by his affidavit and delivered to the clerk before 5 o'clock
in the afternoon of the day following nomination day.

(2) Where a person has been nominated for more than one
office, he may withdraw in respect of one or more offices for
which he is nominated by filing his withdrawal in writing with
the clerk in his office before 5 o'clock in the afternoon of the
day following nomination day and in default he shall be
deemed to be nominated for the office for which he was first
nominated and to have withdrawn his nomination for any
other office. 1972, c. 95. s. 37.

Acclamation

ACCLAMATIONS

(2) If more candidates are nominated for an office tlian the ^^^"^
number to be elected but one or more candidates withdraws

his nomination so that the number remaining is no more than the
number required to be elected, the clerk shall forthwith
after 5 o'clock on the afternoon of the day following nomination
day declare the remaining candidate or candidates to be duly
elected.

(3) If the number of candidates declared to be elected to an vacancy
office under subsection 1 or 2 is less than the number to be
elected to such office so that there is a vacancy, a new election

shall be held to fill the vacancy.

(4) Where in any election the total number of members of the where

.. , .■^.,. , quorum not

council of a municipality or of a local board, as the case may elected

be, declared elected under this section and those elected as a

result of the poll in the election is less than a quorum of the

council or of the local board, the council or local board in

office for the preceding year shall continue in office until a new

election under subsection 3 is held and the number of members

of the council or local board equals or exceeds the quorum.

1972, c. 95, s. 38. ^

NOTICE OF POLL

41 . — (1) Where more candidates are nominated for election fe°"ired
to an office than the number required to fill that office, the
clerk shall hold a poll to elect the holder of that office.
1972, c. 95, s. 39 (1).

(2) Notice of the time for the holding of the poll in an NoUce
election, including the advance poll, and notice of the last
day for making application to the clerk for a certificate to
vote by proxy, shall be given by the clerk forthwith after it
has been determined that a poll is required, by posting the
notice in at least two conspicuous places in the municipality,
and, where there is a newspaper having general circulation
in the municipality, by publishing the notice in such
newspaper. 1972, c. 95, s. 39 (2); 1974, c. 32. s. 22.
amended.

VOTING BY BALLOT

42. — (1) Where a poll is held in an election, the votes shall bybaifot
be given by ballot. 1972, c. 95, s. 40 (1); 1974, c. 32, s. 23 (1).

(2) In place of using ballot papers under this Act, the Jf,achine8.
council of a municipality may, by by-law passed on or before etc
the 1st day of April in an election year, authorize the use at
elections of voting machines, voting recorders or other voting

Repealing
by-law

Minister's
order

devices, and a copy of any such by-law shall be forwarded
by the clerk of the municipality to the Minister forthwith
after it is passed. 1974, c. 32, s. 23 (2), part, amended.

(3) A by-law passed under subsection 2 or a predecessor
thereof shall remain in force until repealed by the council of
the municipality, but no such repealing by-law shall take
effect for the purposes of the election next following its
passage unless the repealing by-law is passed on or before
the 1st day of April in the year in which the election is held.
New.

(4) Where a municipality authorizes the use of voting
machines, voting recorders or other voting devices, the
Minister shall, by order, provide for procedures which may
be necessary to conduct the election by the use of such
machines, recorders or devices and the municipality shall
comply with the provisions of the order. 1974, c. 32, s. 23 (2),
part, amended.

Ballots

Nomination
of candidate
must be
certified

Order of
names

Where
addresses
to be shown

PREPARATION AND FORM OF BALLOT

43.— (1) A clerk who is required to hold a poll under
section 41 shall prepare and cause to be printed a sufficient
number of ballots in the prescribed form for use in the election.

(2) The name of a person shall not be included in a ballot
as a candidate for office unless his nomination as a candidate
for such office has been certified by the clerk under section 37.
1972, c. 95, s. 41 (1,2).

(3) Subject to subsection 5, the names of the candidates
shall be shown on a ballot in order of their surnames alpha-
betically arranged, with given names preceding the surnames,
and with the surnames in bold type. 1972, c. 95, s. 41 (3),
amended.

(4) Where there are two or more candidates for election to
an office whose given and surnames are identical or so nearly
identical as to create the possibility of confusion, the address
of all candidates for election to such office shall be shown
on the face of the ballot for such office immediately under
their names and in sufficient detail as to identify each
candidate. 1972, c. 95, s. 41 (4), amended.

Nicknames
and titles

(6) There shall appear on the ballot to the right of t^ach f^Pj^^® [°^
candidate's name a circle or a circular space suitable for the vote
marking of the ballot. 1972, c. 95, s. 41 (5, 6).

(7) All ballots for election to the same office shall be of?^""^^

,, ... - , ,., for same

the same description and as nearly alike as possible, and office to
the names, and the addresses if given, of the candidates,
the circle or circular space, the instructions referred to in
subsection 8, and any lines on the ballot shall be in one
colour and the remainder of the face of the ballot shall be
another colour, but different colours may be used for ballots
to be used for election to different offices. 1974, c. 32, s. 25,
part, amended.

(8) A ballot shall contain instructions as to the number ^a^ndufates
of candidates for which an elector may vote and the name of q" q^*^**
the office for which the election is being held. 1974, c. 32,

s. 25, part, amended.

(9) The ballot papers for voting to obtain the assent or the ^ues°ion®
opinion of electors on any by-law or question shall be in the
prescribed form. 1972, c. 95, s. 41 (9).

44. — (1) For an election in a municipality in which the munlc/paiity
members of council are elected by wards, there shall be pre-
pared one set of ballots for all the polHng subdivisions con-
taining the names of the candidates for the office of mayor,
another set for all the polling subdivisions containing the
names of the candidates for the office of reeve, or reeve and
deputy reeve, and another set for each ward containing the
names of the candidates for the office of alderman or councillor
for the ward.

(2) For an election in a city or town in which the members of ^q^\'^
council are elected by general vote, there shall be prepared for city or town
all the polling subdivisions one set of ballots containing the

names of the candidates for the offices of mayor, or mayor and
reeve, or mayor, reeve and deputy reeve, and another set con-
taining the names of the candidates for the office of alderman
or councillor.

(3) For an election in a township that constitutes a borough mXo^*'*"
within The Municipality of Metropolitan Toronto, one set of Toronto
ballots shall be prepared for all the polling subdivisions con-
taining the names of the candidates for the office of mayor,
another set of ballots for all the polling subdivisions containing

the names of the candidates for the office of controller and
another set for each ward containing the names of the
candidates for the office of alderman.

■\

Village or
township

(4) For an election in a village or township there shall be
prepared one set of ballots containing the names of the
candidates for the office of reeve or of reeve and deputy reeve,
and for the office of councillor.

By-law
providing
for separate
sets

When to be
passed

(5) The council of a town may by by-law provide that the
ballots for an election to the offices of mayor, reeve and
drputy reeve shall be prepared in separate sets and, the council
of a village or township may, by by-law provide that the
ballots for an election to the offices of reeve, deputy reeve
and councillor shall be in separate sets. 1972, c. 95, s. 42 (1-5).

(6) A by-law for the purposes mentioned in subsection 5
shall be passed not later in the election year than the 1st
day of October and remains in force until repealed, and
while in force the prescribed ballots shall be prepared
accordingly. 1972, c. 95, s. 42 (6), amended.

Separate sets (7) There shall also be separate sets of ballots,

controller,

local board, ... ,, ,., e \ cr c

by-laws, etc. [a) containing the names of the candidates tor the office oi ,

(i) controller,

(ii) member of a local board.

(iii) trustee of a police village,

(iv) member of the council of a regional munici-
pality, or

(v) member of the council of both an area muni-
cipality and a regional municipality;

{h) for obtaining the assent of the electors on any by-law
or the opinion of the electors on any question re-
quired or authorized to be submitted to them at an
election. 1972, c. 95, s. 42 (7); 1974, c. 32, s. 26.

oneby-*ilw. (^^ Where more than one by-law or question is to be sub-

^^- mitted to the electors at one election, all of such by-laws or

questions mav be placed on one ballot paper. 1972, c. 95,

s. 42 (8).

Composite
ballots

25
(2) A composite ballot may contain, contents

{a) the names of candidates for the offices of member of
council, member of a school board, member of a public
utility commission or member of any other board,
commission or body the members of which are required
to be elected by the electors of the municipality or
for any one or more of such offices ; and

(/;) any by-law or question authorized or required by
law to be submitted to the electors for their assent
or opinion.

XT 1 1 ti 1 • • 1 11 Not to be

(J) >«o elector shall be given a composite ballot containing given to
the names of candidates for an office or containing a question entitled to
or by-law for which he is not entitled to vote. office^on

ballot

(4) A by-law passed under this section remains in force from ^^"J^un";!
year to year until repealed. 1972, c. 95, s. 4v3 (2-4). repealed

POLLING PL.ACES

46. — (1) Subject to section 47, the clerk shall provide for ^Sc^^ ^

each election at least one polling place for each polling sub-
division in a place that is most central or most convenient
for the electors and is furnished with light and heat and such
other accommodation and furniture as may be required, but the
polling place may be provided outside the limits of the polling
subdivision.

(2) Every polling place for an election in a municipality ^'^^"^
shall be situate in the municipality, except that where a
polling subdivision in a township adjoins an urban munici-
pality, the polling place for the polling subdivision may be
within the limits of the urban municipality. 1972, c. 95,

s. 44(1, 2).

(3) Every polling place shall be furnished with com- ^°^^s*'^^
partments in which electors may mark their ballots without
other persons being able to see how they are marked and it

is the duty of the clerk and the deputy returning officer
respectively to ensure that a sufficient number of com-
partments is provided at each polling place. 1972, c. 95,
s. 44 (3), amended.

(4) The clerk may unite two or more adjoining polling ^Jbdwisions
subdivisions and provide one polling place for the united
subdivisions. 1972, c. 95, s. 44 (4).

(5) The clerk may provide such additional polling places J,acM°"*'
in any polling subdivisions as are required having regard to

the extent of the subdivision, the remoteness of any number
of its electors from the polHng place and number of electors
that may conveniently vote at one polling place. 1972,
c. 95, s. 44 (5), amended.

DesigrnaUon (6) Where there are two or more polling places in a polling
subdivision, each polling place shall be designated by the
numbers of the lots and concessions or the numbers and names
of the streets at which the electors reside or that designate
the properties in respect of which the electors are qualified
to vote therein, or by the initial letters of the surnames of
the electors who are qualified to vote therein, that is to say,
A to M and N to Z, or as the case may be, and an elector is entitled
to vote at the appropriate polling place designated accordingly.

Notice of
locatloa of
poUing
place

(7) In municipalities having more than 5,000 electors,
the clerk shall mail or cause to be delivered to each dwelling
unit in the municipality a notice advising the elector or electors
therein of the location of the polling place in which that elector
or those electors is or are to vote. 1972, c. 95, s. 44 (6, 7).

Polling
places in
institutions

47. — (1) Where in a municipahty there is situate a hospital

or other institution for the reception, treatment or vocational
training of persons who have served or are serving in the
Canadian Forces or the armed forces of any member of the
Commonwealth, or who are blind or deaf, a Workmen's
Compensation hospital or a home for the aged, a polling place
shall be provided in such institution or upon the premises,
and may be provided in a nursing home or other institution
of twenty beds or more in which chronically ill or infirm
persons reside, and for the purpose of polling, the institution
shall be deemed to be a polling place, and every person
resident in the institution who is entered in the polling list
is entitled to vote at such polling place onlv- 1974, c. 32,
s. 28 (1).

Attendance
upon patients
to take
vote

Supplies for
polling place

SUPPLIES AND EQUIPMENT FOR POLLING PLACES

48. — (1) The clerk shall, before polling day, cause to be
delivered to every deputy returning officer in his municipahty,

{a) a ballot box for his polling place ;

{b) a sufficient number of ballots to supply the electors in
the polling list of his polling place ;

{d) two copies of the polling list for the polling place ;

{e) all materials necessary for electors to mark their
ballots; and

(/) such other materials as are prescribed. 1972, c. 95,
s. 46 (1), amended.

(2) A ballot box shall be made of durable material, provided Baiiotbox
with lock and key, and so constructed that the ballots can

be deposited therein and cannot be withdrawn without un-
locking the box.

(3) When delivering the ballots for a polling place to a deputy ^^^[|^ ^°
returning officer the clerk shall certify the number of ballots number of

so delivered and upon receiving them the deputy returning \

officer shall make a count of the ballots and forward the
prescribed receipt therefor to the clerk, and shall keep the
certificate for return to the clerk with the other documents
required to be returned to him under section 78.

(4) Every deputy returning officer before opening the poll, ^oifj^*'""^
or immediately after he has received the printed directions placarded
from the clerk if they were not received before opening the

poll, shall cause them to be placarded outside the polling

place and in every compartment of the polling place, and shall j

see that they remain so placarded until the close of the polling. /

1972, c. 95, s. 46 (2-4).

WHERE AND HOW OFTEN ELECTORS MAY VOTE

40. — (1) An elector whose name appears in the polling list of^J^J'es^
for a polling subdivision or who presents a certificate to vote that

• ° » may be

there under section 33, 50 or 56, is entitled to vote in an given by
election in such subdivision in accordance with the following
rules:

1. He is entitled to vote once only for one candidate
for mayor, reeve or deputy reeve.

2. He is entitled to vote for as many candidates for
controller as there are controllers to be elected but
once only for each candidate.

4. Where the aldermen, councillors, trustees or members
of local boards are elected by wards, he is entitled to
vote,

i. if resident in the municipality, in the polling
subdivision in which he resides ; or

ii. if not resident in the municipality, in the
polling subdivision in which his name appears
on the polling list,

for as many candidates for such offices as there are
candidates to be elected for the ward but once only
for each candidate.

6. Where the election is to the office of member of a
school board to be elected by separate school electors
in a municipality or in a part thereof, or in a com-
bination of municipalities, in which the polling sub-
division is located, a separate school elector is entitled
to as many votes as there are members to be elected
by the separate school electors in such municipality
or part, or combination of municipalities, as the case
may be, but may not give more than one vote to any
one candidate.

7. An elector who is entitled to vote in respect of any
by-law or question authorized or required by law to be
submitted for the assent or opinion of the electors
is entitled to vote once only with respect to such
by-law or question. 1972, c. 95, s. 47.

tohav/^^* (2) Where, by reason of the hours of his employment, an

coMecutive employee who is a qualified elector will not have three
voti^g^^'^ consecutive hours to vote while the polls are open on a

polling day at an election, his employer shall, at the con-
venience of the employer, allow the employee such time for
voting as is necessary to provide the three consecutive hours.

(3) No employer shall make any deduction from the pay^o^p^y"
of any such employee or exact from him any penalty by prohibited
reason of absence from his work during the time allowed by
the employer for voting. New.

60. — (1) Subject to subsection 2, at the request of a person cji^o^and
whose name is entered on the polling list for a polling place poiicierk.
in a municipality who has been appointed a deputy returning emijioyed
officer, poll clerk, election assistant or constable at another
polling place, the clerk of the municipality shall give him a
certificate that he is entitled to vote at the polling place at
which he is stationed during the polling day.

(2) No certificate shall be issued under this section entitling municipality
an elector in a municipality that is divided into wards to vote divided into

* -^ wards

at a polling subdivision in a ward different from the ward in
which the polling place at which the elector is otherwise
entitled to vote is situate.

(3) The clerk shall not give a certificate under this section J^^^f^cate
until he has ascertained by reference to the polling list or to a maybe
certificate under section 33 that the applicant is entitled to

vote, and after giving the certificate he shall forthwith give
notice in writing thereof to the deputy returning officer for the
polling place at which the applicant is by the polling list or
certificate under section 33 to be entitled to vote, and the
person to whom the certificate has been given is not thereafter
entitled to vote at such polling place.

(4) The certificate shall designate the polling place at which certificate
the person is to be permitted to vote.

(5) The clerk shall keep a list in which he shall enter before JJrtiflcateK
he delivers a certificate under this section,

(a) the name and residence of the person to whom he
gives the certificate;

{h) the polling place at which the person is authorized
to vote under the certificate;

{d) whether the certificate is granted to such person
as deputy returning officer, poll clerk, election assist-
ant or constable; and

{e) if a certificate is refused, the name of the person
applying for the certificate with the grounds of
refusal,

and the list shall be open to inspection by any candidate
scrutineer or elector. 1972, c. 95, s. 48.

Certificate
entitles
person to
vote

51, — (1) A person who produces a certificate given to him
under section 50 is entitled to vote at the polling place desig-
nated therein, but the certificate does not entitle him to vote
there unless he has been actually engaged there as a deputy
returning officer, poll clerk, election assistant or constable
during polUng day. 1972, c. 95, s. 49 (1).

Entry on

polling

list

(2) The deputy returning officer shall enter or cause to be
entered on the polling list maintained by the poll clerk
opposite the name and residence of the person voting under
the authority of a certificate, the words "Voted under Certi-
ficate". 1972, c. 95, s. 49 (2), amended.

Certificate
to be given
to D.R.O.

(3) A person voting under the authority of a certificate shall
deliver it to the deputy returning officer before receiving his
ballot.

i^°em;efope (^) ^^^ deputy returning officer shall enclose all certificates
to which this section applies in one envelope. 1972, c. 95,
s. 49 (3, 4).

PROCEDURE AT POLL

Hours poll
to be
open

52. Every polling place shall be open for the purpose of
taking the p)oll at every election from 11 o'clock in the fore-
noon until 8 o'clock in the afternoon of polling day. 1972,
c. 95. s. 50.

DiRo to ^^' — (^) ^ deputy returning officer shall attend at the

attend poll polling place for which he was appointed at least fifteen

minutes before the hour fixed for opening the poll.

balFotebefore (2) During the period of fifteen minutes before the opening

opening of of the poll, the Scrutineers who are entitled to be present in a

polling place during polling hours are entitled to inspect

the ballots and all other papers, forms and documents relating

to the poll. 1972, c. 95, s. 51.

seai*rng'of"' ^^' ^ deputy returning officer shall, immediately before
ballot box opening the poll at his polling place, show the ballot box to

such persons as are present in the polhng place, so that
they may see if it is empty, and he shall then lock the box
and place his seal upon it in such a manner as to prevent it being
opened without breaking the seal, and he shall keep the box
on a desk, counter or table or otherwise so that it is raised
above the floor in full view of all present, and shall keep the
box so locked and sealed until the box is required to be opened
for the purpose of counting the votes under section 71. 1972,
c. 95, s. 52.

55.— (1) Where a person enters the polling place and g^*®^ ^^
requests a ballot paper, the deputy returning officer shall tender of
proceed as follows:

2. The poll clerk shall indicate on his polling list
opposite the person's name the numerical order in
which the person was given his ballot paper.

candidate or scrutineer has objected, he may require
such person to take the prescribed oath.

8. The deputy returning officer may, and upon request
shall, either personally or through the poll clerk,
explain to the elector as concisely as possible the
mode of voting. 1972, c. 95, s. 53 (1), amended.

Disqualifica-
tion of
prisoners,
mentally ill.
etc.

(2) A person who on polling day is a prisoner in a penal or
reform institution, or a patient in a mental hospital, or who
has been transferred from a mental hospital to a home for
special care as mentally incompetent is disqualified from voting
at any election and no ballot shall be furnished to such a
person.

Elector in
polling
place at
closing

(3) Every elector qualified to vote at a polling place who is
inside the polling place at the time fixed for closing the poll
is entitled to vote. 1972, c. 95, s. 53 (2, 3).

Entry of
name on
polling list
by D.R.O.

56. — (1) If a person representing himself to be an elector
applies to a deputy returning officer at a polling place for a
ballot and his name does not appear on the polling list or in a
certificate issued under section 2)?) or 50 as entitled to vote at
the polling place, he is entitled to have his name entered on
such polling list and to receive a ballot and to vote if he
takes a declaration in the prescribed form and otherwise
establishes his identity to the satisfaction of the deputy
returning officer.

Idem

(2) The deputy returning officer shall enter or cause to be
entered on the polling list and on the polling list maintained

by the poll clerk the name of the elector.

amended.

1972, c. 95, s. 54,

(3) The deputy returning officer shall furnish a copy of each cierkand
such declaration to the clerk who shall, in turn, furnish it assessment
to the assessment commissioner before the first Monday in missioner
December in an election year. 1974, c. 32, s. 29, amended.

57. Where an elector entitled to vote at a polling place ^^®^^*^
applies for a ballot paper and it appears that another person person voted
has voted as such elector or that an entry has been made in the of elector.

etc

polling list in error that such elector has polled his vote, if
such person takes an oath in the prescribed form and otherwise
establishes his identity to the satisfaction of the deputy
returning officer he is entitled to receive a ballot paper. 1972,
c. 95, s. 55 (1).

58. No inquiry shall be made of an elector who is required inquiry
to take the oath under section 55 or 57 except with respect to
the matters required to be stated in the oath or to ascertain
if he is the person intended to be designated in the polling
list. 1972, c. 95, s. 56 (2) ; 1974, c. 32. s. 30 (2).

59. Upon delivery to him of a ballot paper by a deputy ^^^^^^jy*^
returning officer, the person receiving it shall, of ballot

{a) forthw ith proceed into the compartment provided for
the purpose and shall then and there mark his ballot
paper with a cross or other mark with a pen or pencil
within the circle or circular space to the right of
the name of a candidate for whom he intends to vote ;

(6) then fold the ballot paper so as to conceal the names
of the candidates and the marks upon the face of it
and so as to expose the initials of the deputy
returning officer ;

(c) then leave the compartment without delay, and
without showing the face of the ballot paper to
anyone, or so displaying it as to make known how
he has marked it ; and

{d) then deliver the ballot paper so folded to the deputy
returning officer. 1972, c. 95, s. 57.

eo. — ( 1 ) Upon delivery of a ballot paper to him by an elector , B jt.o°on
the deputy returning officer, without unfolding the ballot bl^fo?'"*^
paper, or in any way disclosing the names of the candidates or
the marks made by the elector, shall verify his own initials,
and at once deposit the ballot paper in the ballot box in the

presence of all persons entitled to be present and then present
in thf polling place, and the elector shall forthwith leave the
polling place.

Person
deemed
to have
voted

(2) A person whose ballot has been placed in the ballot box
by tlie deputy returning officer shall be deemed to have voted.
1972, c. 95, s. 58 (1, 2).

Person not
to take
ballot

from polling
place

61 . — (1) A person who has received a ballot from a deputy
returning officer shall not take it out of the polling place, and a
person who receives a ballot and leaves the polling place
without returning it to the deputy returning officer, or returns
his ballot declining to vote, forfeits his right to vote, and
the deputy returning officer, shall make an entry on the polling
list maintained by the poll clerk "Forfeited Vote" opposite
the person's name, and in the case where a person returns
his ballot declining to vote, the deputy returning officer
shall immediately write the word "Declined" upon the ballot
and preserve it to be returned to the clerk. 1972, c. 95,
s. 59 (1), amended.

Ballot

accidentally

spoiled

(2) An elector who has inadvertently dealt with his ballot in
such a manner that it cannot be conveniently used, upon
returning it to the deputy returning officer, is entitled to
obtain another ballot, and the deputy returning officer shall
immediately write the word "Cancelled" upon the first-
mentioned ballot and preserve it to be returned to the clerk.
1972, c. 95, s. 59 (2).

personin ®2. Subject to section 63, while an elector is in a compart-

w°h?ieYiector' meut for the purpose of marking his ballot paper, no other
marking person shall be allowed to enter the compartment or to be in a

position from which he can see how the elector marks his

ballot paper. 1972, c. 95, s. 60.

ballot

Elector
blind or
handicapped

63. — (1) On the application of any elector who is unable to
read or is blind or is handicapped by other physical cause
from voting in accordance with the other provisions of this
Act, the deputy returning officer shall require the elector
making the application to take an oath of his inability to
vote without assistance, and shall thereafter assist the elector
by marking his ballot in the manner directed by the elector
in the presence of the poll clerk and of no other person and
place the ballot in the ballot box. 1972, c. 95, s. 61 (1),
amended.

eiectir*"^**^ ^^) ^^^ deputy returning officer shall either deal with an
***"?' ^v elector mentioned in subsection 1 in the manner provided

marked by , , . , , , , 111

friend therein or, at the request of any such elector who has taken

the prescribed oath and is accompanied by a friend, shall

permit the friend to accompany the elector into the voting
compartment and mark the elector's ballot for him. '

(3) Any friend who is permitted to mark the ballot of an path of
elector under subsection 2 shall first be required to take the
prescribed oath that he will keep secret the manner in which

the elector voted.

(4) No person shall be allowed to act as the friend of more May act

^ '^ as friend

than one elector at any polling place other than a polling only
place established under section 47. 1972, c. 95, s. 61 (2-4).

64. Where the deputy returning ofhcer does not under- ^^nn'T*^"
stand the language of the elector, an interpreter provided by understand
the elector may be sworn in the prescribed form to translate the
necessary oaths as well as any lawful questions necessarily
put to the elector and his answers, but in the event of inability
to secure an interpreter, the elector shall be refused a ballot.
1972, c. 95, s. 62.

65. — (1) The returning officer, the assistant returning ^to^may 'A^

officer, the deputy returning officer, the poll clerk, the election ppiung
assistant, the constable or constables, any candidate or, in his
absence, his scrutineer, any scrutineer appointed by the
council in relation to any by-law or question, and no others
shall be permitted to remain in the polling place during the
time the poll is open or to be in the polling place at the counting
of the votes. 1972, c. 95. s. 63; 1974, c. 32, s. 31.

(2) No campaign material or literature of any nature what- nteratureY"
soever of any candidate in the election shall be displayed poning place /

within the polling place. New.

ADVANCE POLLS

66. — (1) The clerk shall hold an advance poll in accordance Advance
with this section on the Saturday nine days before polling
day for the purpose of receiving votes of electors who expect
to be unable to vote on polling day in the polling subdivisions
for which their names appear on the polling lists or who are
entitled to vote either under a certificate issued by the clerk
under section 33 or who become entitled to vote under
section 56. 1974, c. 32, s. 32 (1), pari.

(2) The council of a municipality may by by-law passed Addituma^^^
before nomination day provide for the holding by the clerk

of additional advance polls for the same purposes as provided
in subsection 1. 1974, c. 32, s. 32 (1), part.

When poll
to be
open

(3) The advance poll shall be open from 9 o'clock in the
forenoon until 8 o'clock in the afternoon on each day it is
held and polling shall be held so far as possible in the same
manner as poHing at a regular election. 1972, c. 95, s. 64 (2) ;
1974, c. 32, s. 32 (2), amended.

Polling
places

(4) The clerk shall provide as many polling places for an
advance poll as he considers necessary and shall appoint a
deputy returning officer and poll clerk for each such polling
place. 1972, c. 95, s. 64 (3).

List of

persons

voting

(5) Forthwith after the close of the advance poll on each
day it is held, the deputy returning officer shall make up
and deliver to the clerk a list of the names of all persons
who have voted showing in each case the number of the
polling subdivision in which the elector is entered in the
polling list and the clerk shall, at the request of any candidate,
furnish him with a copy of such list.

Duties of
clerk on
receiving
list

(6) Upon receiving the list mentioned in subsection 5, the
clerk shall,

(fl) make an entry in the polling list to be supplied to
each deputy returning officer on polling day opposite
the name of each elector whose name appears in such
list and whose vote has been received at an advance
poll, showing that such elector has voted ; or

{b) make a certificate in the prescribed form for each
polling subdivision, showing the name and address of
each elector listed in the polling list for such polling
subdivision who has voted at an advance poll, and
shall furnish such certificate before the opening of the
poll on polling day to the deputy returning officer of
the polling subdivision, and the deputy returning
officer shall before opening the poll make an entry
in the polling list supplied to him, opposite the
name of each elector whose name appears on the
certificate, showing that such elector has voted. 1972,
c, 95, s. 64 (5, 6).

Sealing
of box

(7) Forthwith after the close of the advance poll on each day
it is held the deputy returning officer and any candidate or
scrutineer present who desires to do so shall affix his seal to the
ballot box in such a manner that it cannot be opened or any

(8) On the regular polling day for an election, after the bauSt^ifoxes
close of polling, the deputy returning officer shall, in the for advance
presence of such candidates for office at the election and
their scrutineers as are present at the hour fixed for the
closing of the poll, open the ballot boxes for the advance
poll, count the votes and perform all other duties required of
deputy returning officers by this Act. 1972, c. 95, s. 64 (8).

PROXY VOTING

67. — (1) Any person whose name is entered in the polling ^Jtebv^''
list for a polling subdivision or who has obtained a certificate proxy'
under section 33 entitling him to vote and who is,

(b) a person absent from his regular residence by reason
of attending an educational institution and who is
entered in the list for the polling subdivision in
which he normally resides and who expects by reason
of such absence to be unable to vote at the advance
poll or on polling day ; or

(c) a person who expects to be absent from his polling
subdivision during the election period including the
advance poll and polling day by reason of his being
engaged for hire or reward in the business of trans-
portation by railwav, air, water or motor vehicle,

may vote by proxy in that polling subdivision. 1972, c. 95,
s. 65 (1); 1974, c. 32. s. 33 (1).

(2) Any person who is entitled to vote by proxy pursuant ^ho may be
to subsection 1 may appoint in writing in the prescribed form

as his voting proxy any other person who is eligible as an
elector in the municipality. 1972, c. 95, s. 65 (2), amended.

(3) A voting proxy may not act as a voting proxy for JJoxy once
more than one person voting by proxy except where the only

•\

Term of (4) ^^ appointment of a person as a voting proxy is not

valid unless it is made after nomination day and does not
remain in force after polling day. 1972, c. 95, s. 65 (4).

Application
for certificate
to vote by
proxy

(5) A person who has been appointed a voting proxy may
apply to the clerk not later than 5 o'clock in the afternoon
of polling day to receive a certificate to vote by proxy for
the polling subdivision in which the person appointing the
voting proxy is entitled to vote. 1972, c. 95, s. 65 (F)],
amended. '^H

When
certificate
to be given

(6) The clerk may take evidence on oath as to the right of the
person appointing the voting proxy to vote in the polling sub-
division upon the list for which his name is entered and as to
the qualification of the voting proxy, and, if he finds that the
person appointing the voting proxy is duly qualified and that
the voting proxy is authorized to act for the person appointing
him, he shall give a certificate in prescribed form across the face
of the appointment of the voting proxy to that effect. 1972,
c. 95, s. 65 (6); 1974, c. 32, s. 33 (3), amended.

thaVomf (^) ^^^ more than one voting proxy may be appointed on

proxy behalf of any person at any election.

Oath on
voting

(8) A ballot shall not be delivered to a person who claims
to vote as a voting proxy unless he produces his appointment
as a voting proxy to the deputy returning officer with the
certificate of the clerk thereon as provided in subsection 6 and
takes the prescribed oath. 1972, c. 95, s. 65 (7, 8).

Record of
voting proxy

(9) Where a voting proxy has voted, the deputy returning
officer shall file the appointment of the voting proxy and
the certificate of his appointment given by the clerk with
the election papers and return them to the clerk in the
envelope provided for that purpose. 1972, c. 95, s. 65 (9),
amended.

Proxy may
vote in
own right

(10) A person who has been appointed as a voting proxy is
entitled to vote in his own right in the municipality not-
withstanding that he has voted as a voting proxy. 1972, c. 95,
s. 65 (10).

KEEPING OF peace: EMERGENCY SITUATIONS

68. A clerk or a deputy returning officer may require the ^o^nstawes °^
assistance of constables and other persons to aid him in main-
taining peace and order at the election and may swear in as
many constables as he considers necessary. 1972, c. 95, s. 66.

60. — (1) If any circumstances arise in the municipality, P,®?j[f''*"°"

^ ' -' r J > of emergency

that, in the opinion of the clerk are of such a nature as to by clerk
prevent or delay the opening of any polling place or cause
the discontinuance of polling at any polling place, the clerk
may declare an emergency situation to be in effect and such
emergency situation shall continue until the clerk otherwise
declares.

(2) Where an emergency situation is declared under sub- ^^^^^'
section 1, the clerk shall make such arrangements as he clerk
considers advisable for the conduct of the poll, the safe-
keeping of the ballot boxes and all election documents and

the counting of the votes. -x

(3) The arrangements made by the clerk under subsec- ^o^quJ's^^on
tion 2, in good faith, shall not be open to question, or be
quashed, set aside or declared invalid on account of their
unreasonableness or supposed unreasonableness. New.

COUNTING THE VOTES

70. Immediately after the close of the poll, the deputy §)R*a after
returning officer at each polling place shall, close of poii

(a) place all the cancelled, declined and unused ballots
in separate sealed envelopes ;

(b) count the number of electors whose names appear
on the polling list maintained by the poll clerk to
have voted and make en entry at the end thereof: —
"The number of electors who voted at this election
in this polling place is (stating the number)" and
sign his name thereto. 1972, c. 95, s. 68, amended.

71. — (1) After compliance with section 70, the deputy comiUnK of
returning officer shall, in the presence and in lull view ol the

persons entitk'd to bo present, open the ballot box for the
polling' place and proceed to count the numbers of votes for
each candidate, ^ivin^ full opportunity to those present to
examine each ballot.

Rejection of
ballots

(2) In counting the votes, the deputy returning officer shall
reject all ballots,

(«) that have not been supplied by him ;

(b) that contain the names of candidates for one office
only and in which votes have been cast for more
candidates than are to be elected to the office ;

(d) upon which there is any writing or mark by which
the elector can be identified, or that has been so torn,
defaced or otherwise dealt with by the elector that he
can thereby be identified,

but no word, letter, or mark written or made or omitted to be
written or made by the deputy returning officer on a ballot
voids it or warrants its rejection.

Idem

(3) Where a ballot contains the names of candidates for
more than one office and votes are cast on such ballot for
more candidates for any office than are to be elected to such
office, such votes are void and shall be rejected, but unless
such ballot is rejected under subsection 2, the votes for any
other office in respect of which the elector has not voted for
more candidates than are to be elected shall be counted.

Composite
ballots

(4) Where in a composite ballot,

(a) votes are cast for more candidates for any office than
are to be elected to such office ; or

{b) votes are cast for both the affirmative and negative
on any by-law or question.

the votes for such candidates or with regard to the by-law or
question, as the case may be, are void and shall be rejected
but, unless such ballot is rejected under subsection 2, the

votes for any other offices, by-law or question in respect of
which votes are correctly indicated shall be counted.

(5) Where part of the votes cast in any ballot are rejected where part

. , . -, J of votes

under subsection 3 or 4, the deputy returning officer shall rejected
note such fact on the back of the ballot and initial the
note, and where all the votes on the ballot are rejected
under either or both of such subsections, the ballot shall be
treated as a rejected ballot. 1972, c. 95, s. 69.

72.— (1) A candidate or a scrutineer at a polling place may bylfandwate,
object to a ballot or to the counting of votes in any ballot ^tc.
in whole or in part on the ground that the ballot or such
votes should be rejected under section 71 and the deputy
returning officer at the polling place shall decide the objection,
subject to review on a recount or in a proceeding questioning
the validity of the election.

(2) The deputy returning officer shall list all objections ^^j^^^'^°"^'°
under subsection 1 to the counting of ballots or of votes

therein and number such objections and shall place the ^

number of an objection on the back of the ballot objected to
and initial the number. 1972, c. 95, s. 70.

73. The deputy returning officer shall count all votes cast coJ^ted^^
at his polling place that are not rejected and shall keep an
account of the number of votes so cast and allowed for

each candidate and with respect to each by-law or question.
1972, c. 95, s. 71.

74. Following count of the votes at his polling place, a bepKed'
deputy returning officer shall place in separate sealed packets, '^^^P^g*^®

(a) all used ballots that have not been objected to and
have been counted in whole or in part ;

(6) all used ballots that have been objected to but which
have been counted in whole or in part ;

{d) all ballots used but unmarked. 1972, c. 95, s. 72.

75. The deputy returning officer shall endorse every ^nJo^e"
packet of ballots made up by him under clause a of section 70 packets
or section 74 so as to indicate its contents and any candidate

or scrutineer present may write his name on the packet.
1972. c. 95. s. 73.

Oath of
poll clerk

76. The poll clerk, immediately after the completion of the
counting of the votes, shall take and subscribe the prescribed
oath. 1972. c. 95, s. 74.

statement
ofD.R.O.

Statement
attached to
polling list

Statement
signed by
D.R.O., etc.

Certificate
re ballots
counted and
rejected

What to be

E laced in
allot box

STATEMENT AND MATERIALS RETURNED TO CLERK

7 7. — (1) The deputy returning officer shall make out a
statement in duplicate of the number of,

(a) ballots received from the clerk ;

{h) votes given for each candidate ;

((•) votes given for and against a by-law or question ;

{d) used ballots that have not been objected to and have
been counted;

(e) ballots that have been objected to in whole or in j)art
but which have been counted;

(/) rejected ballots;

(g) cancelled ballots ;

(h) ballots used but unmarked ;

(/) declined ballots ;

{j) unused ballots ;

{k) electors whose ballots have be(m marked by the
deputy returning officer under sections 47 and 63.
1972, c. 95, s. 75 (1), amended.

(2) The duplicate statement shall be attached to the
polling list maintained by the poll clerk and the original
statement enclosed in a special packet shall be delivered to
the clerk as provided herein. 1972, c. 95, s. 75 (2), amended.

(3) The statement shall be signed by the deputy returning
officer and the poll clerk and such of the candidates or their
scrutineers as are present and desire to sign it.

(4) The deputy returning officer shall deliver to such of tiie
candidates or their scrutineers as are present, if requested to
do so, a certificate of the number of ballots counted for
each candidate, and of the rejected ballots. 1972, c. 95, s. 75
(3. 4).

78. — (1) The deputy returning officer shall place in the
ballot box, the polling lists, the packets containing the ballots
and all other documents or packets that served at the election,
except,

(a) the original statement;

(6) the oath of the poll clerk ;

{d) the copies of the declaration required to be furnished
to the clerk under subsection 3 of section 56. 1972,
c. 95, s. 76 (1); 1974, c. 32, s. 34, amended.

(2) The deputy returning officer shall thrn lock and seal j^^ked'^etc
the ballot box and forthwith deliver it and the documents
enumerated in subsection 1 personally to the clerk.

(3) Forthwith thereafter, the deputy returning of^cer shall S*^^q°^
take and subscribe the prescribed oath and shall personally
deliver it or transmit it by registered mail to the clerk.

(4) If the deputy returning officer is unable personally to baiVofbox*^
deliver the ballot box and documents enumerated in sub- etc. to

clerk

section 1 owing to illness or other cause, he shall deliver them

to the poll clerk for delivery to the clerk, or, where the poll

clerk is unable to act, to some person chosen by the deputy

returning officer for the purpose of delivering them to the clerk,

who shall take the prescribed oath to do so and the deputy \

returning officer shall thereon, or on a ticket attached thereto,

write the name of the person to whom the box was delivered

and shall take a receipt therefor, and the poll clerk or person so

chosen shall forthwith personally deliver them to the clerk and

shall take before him the prescribed oath.

(5) The candidates, or their scrutineers, are entitled to be ^*^^f °f^

^ ' ' ' candidate,

present when the ballot box and documents for a polling place etc., to be
are delivered to the clerk pursuant to this section. 1972, c. 95,
s. 76 (2-5).

(6) Subject to section 69, a deputy returning officer, after Pake^o"x°to'°
the close of the poll, shall not under any circumstances take, home. etc.
or allow to be taken, the ballot box to his home, house,

office or place of business, or to any house or place except the
office of the clerk. 1972, c. 95, s. 76 (6), amended.

70.— (1) The clerk, after he has received the ballot boxes ^Jf^Jt^g^^'^^
and other documents referred to in section 78, shall, without
opening any of the ballot boxes, cast up from the original
statements showing the number of votes for each candidate
and for the affirmative or negative on any by-law or question
at each polling place the total number of votes for each
candidate and the total number of votes for the affirmative
or negative on any by-law or question. 1972, c. 95, s. 77 (1),
amended.

(2) After casting up the total nimiber of votes cast at an Jfr^Jsuft"""
election, the clerk shall, at the town hall or, if there is no

town hall, at the clerk's office at noon on the Thursday
following the day on which the polling is held, {)ublicly
declare to be elected the candidate or candidates having
the highest number of votes, and declare the result of the
vote With respect to any by-law or question and he shall
also post up in some conspicuous place a statement under
his hand showing the number of votes for each candidate
and for the affirmative or negative on the by-law or question.

Delay In
adding up
votes

Safekeeping:
of box and
documents

Opening of
box when
documents
placed in
box in

(3) If for any cause, the clerk cannot, at the day and hour
appointed by him for adding up the votes, ascertain the
number of votes given for each candidate, or for the affirmative
or negative on any by-law or question he may adjourn to a
future day and hour the adding up of the votes and so on
from time to time, such adjournment or adjournments not
in the aggregate to exceed fourteen days. 1972, c. 95, s. 77
(2. 3).

80. — (1) Except as provided in this section, the clerk, upon
the receipt of a ballot box, and the documents referred to in
section 78, shall take every precaution for their safekeeping and
for preventing any other person from having access to them,
and shall immediately on receipt of the ballot box seal it with
his own seal in such a way that it cannot be opened without
his seal being broken, and that any other seals affixed to it
are not effaced or covered. 1972, c. 95, s. 78 (1).

(2) Where the documents specified in subsection 1 of section
78 are in error placed in the ballot box, the clerk may open
such ballot box or boxes in the presence of the deputy
returning officer concerned and, after having recovered or
ascertained the meaning of the statement, as the case may be,
the box shall be resealed by the deputy returning officer in
the presence of the clerk and by the clerk. 1972, c. 95, s. 78 (2),
amended.

Where D.R.O.
fails to
deliver
statement

(3) If a deputy returning officer has not delivered the state-
ment of the ballots counted by him to the clerk as required by
section 78, the clerk shall after notification to the candidates
or their scrutineers, who may be present, open the appro-
priate ballot box for the purpose of counting the votes and
shall count the votes. 1972, c. 95, s. 78 (3).

Where ballot 8| , If a ballot box for any polling place has been destroyed
etc. or lost, or. for any other reason, is not forthcoming by the

time fixed for adding up the votes, the clerk shall ascertain
the cause and, if the statement of the votes cast and certificates,
or any of them or copies of them, cannot be procured, the
clerk shall ascertain by such evidence as he is able to obtain,
the total number of votes given for each candidate at the
polling place and for the affirmative or negative on any by-law or

82.— (1) If, upon the casting up of the votes, two or more ^^^^Hl^
candidates have an equal number of votes where both or all of
such candidates cannot be elected, or the votes for the
affirmative and negative on a by-law or question are equal,
the clerk shall publicly declare the result and post up in a
conspicuous place a statement showing the number of votes
for each candidate and for and against the by-law or question
and shall forthwith notify a judge of the result and the
judge shall thereupon appoint a time and place to recount the
votes cast up for such candidates or concerning such by-law or
question.

(2) In such proceedings, sections 83 to 90 apply mutatis o^^s^^^"^^^ ->.

mutandis. 1972, c. 95, s. 80. ' ^

RECOUNT

83. — (1) In this section and in sections 84 to 86, "judge" [atf^"
means the judge of the county or district court in which the
municipality or part thereof or the administrative or head
office of the local board is situate. 1972, c. 95, s. 81 (1).

(2) If, within fourteen days after the declaration by a clerk l^count /

of the result of an election, upon an application of an elector desirable ^

it is made to appear by affidavit to a judge that the votes
have been improperly counted or any ballot paper has been
improperly rejected or that an incorrect statement of the
number of votes cast for any candidate or for the affirmative
or negative on any by-law or question has been made or that
the votes have been improperly added up, and if within that
time the applicant has given security for the costs in connec-
tion with the recount or final addition of any candidate
declared elected in the amount of $100 in legal tender, or if at
any time within four weeks after such declaration the council
of a municipality or a school board has by resolution declared
that a recount or final addition is desirable in the public
interest, the judge shall appoint a date and time and place
to recount or make a final addition of the votes cast at the
election, and shall notify in writing the clerk who made the
declaration at least ten days prior to the date set for the
recount or final addition. 1972, c. 95, s. 81 (2); 1974, c. 32,
s. 35, amended.

Notice of
recount

(3) At least six days notice in writing of the time and
place appointed shall be given by the clerk to the candidates
and to the applicant, and the clerk or a person appointed by
the clerk for the purpose shall attend the recount or final
addition with the ballot boxes and all documents relating to
the election. 1972, c. 95, s. 81 (3), amended.

prese^f^*'^ (4) The judge, the clerk, a person appointed by the clerk,
each candidate and his scrutineer appointed to attend the
recount or final addition, and such other persons as the council
may appoint where the recount or final addition relates to a
by-law or question, but no other person, except with the
approval of the judge, is entitled to be present at the recount.
1972, c. 95, s. 81 (4).

What ballots
Involved in

(5) Where a recount relates to the election of a candidate,
the recount shall be of the votes cast respectively for the
candidate declared elected when one only is to be elected or
in other cases for 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 votes cast for him to be recounted or the votes cast for
him to be finally added. 1972, c. 95, s. 81 (5), amended.

onfe^r^ecxmnt ^^^ Notwithstanding subsection 5, the judge conducting
etc., of votes the recount may order the recount of the votes cast for any

c&SL lor olIigi*

candidates Other candidate whose election or right to any other office
may be affected in any way by the recount conducted under
subsection 5. New.

byludge'^^ (7) At the date, time and place appointed, and in the presence

of such of the persons entitled to be present as may attend,
the judge conducting a recount or final addition of the votes
cast at an election shall make such final addition from the state-
ments returned to the clerk by the deputy returning officers, or
recount all the ballots received by the clerk from the deputy
returning officers and the number of votes counted at the
election and shall for the purposes of the recount open the
sealed packets containing the used ballots that were not objected
to and were counted, the ballots that were objected to but
which were counted, the rejected ballots, the cancelled ballots,
the ballots that were used but were unmarked, the declined
ballots and the unused ballots. 1972, c. 95, s. 81 (6), amended.

govern" (8) Subject to subsection 9, the judge shall proceed according

proceedings to the provisions of this Act for the counting of the ballots

and of the vote at the close of the poll by a deputy returning

officer, and shall verify and correct the statement of the poll.

(9) If for any reason it appears desirable to do so the judge J "^^se may

. ,..,'^^ JO 'hear any

upon the apphcation ot any party to a recount, may hear such evidence
evidence as he considers necessary for the purpose of making a proper*"^^
full and proper recount of the ballots, and, without restricting ''®'^°""'
the generality of the foregoing, he may, if the recount results
in any of the candidates for any office being declared to have
received the same number of votes as any other candidate or
candidates who were parties to the recount, hear such evidence
as he considers necessary to determine who was elected
to that office. 1972, c. 95. s. 81 (7, 8).

(10) Upon the completion of a recount, or final addition, not^y clerk
the i udge shall forthwith notify in writing the result of the of result of

rccoimt or

recount or final addition to the clerk and announce the final addition
results to persons present at the recount, and, immediately
after the expiry of the appeal period specified in section 88,
all the ballots and statements shall be sealed in separate
packets in the manner prescribed by the judge. 1972, c. 95,
s. 81 (9), amended.

(11) The judge may require the clerk of the county or^^^^kof
district court to be present at the time and place appointed.
1972, c. 95, s. 81 (10).

84. If no notice of appeal is given to the judge within two cierirtcf^*^'
days after the completion of a recount or his final addition, declare
the judge shall certify forthwith the result to the clerk who
shall then declare the candidate having the greatest number
of votes to be elected or certify to the council the result of
the vote with respect to a by-law or question. 1972, c. 95,
s. 82 (2).

85. — (1) In the case of an equahty of votes for candidates ^^^'^^"'^y °^
for any office for which one person only is to be elected, or
for which the holding of any other office is to be determined
as a result of a recount or final addition, the successful
candidate shall be determined by lot conducted by the clerk.
1972, c. 95, s. 83, amended.

(2) For the purposes of this section, "lot" means the ^^'^^^^.f^^
method of determining the successful candidate by placing 1°'
the names of the candidates on equal size pieces of paper
placed in a box and one name being drawn by a person
chosen by the clerk. New.

86. — (1) The costs of a recount under section 83 are in the r°count
discretion of the judge making the recount who may order by
whom, to whom and in what manner the costs shall be paid.
1972, c. 95, s. 84 (1).

(2) The judge may in his discretion award costs of a recount Jf**^!"*
or final addition to or against any person who is a party

prov^ion as (^) ^^ere the judge makes no provision as to the costs of a
to costs recount or final addition, the disbursements made or authorized

to be made by the clerk shall be paid by the municipality
except where the recount or final addition has been held at
the instance of a school board, in which case the disburse-
ments made by the clerk shall be paid by the board. 1972,
c. 95, s. 84 (3); 1974, c. 32, s. 36 (1).

deposft"' °^ (4) Where costs are directed to be paid by the applicant for
a recount or final addition, the money deposited as security
for costs under section 83 shall be paid out to the party
entitled to such costs, so far as necessary.

Enforcement
of payment
of costs

(5) Payment of the costs awarded under this section may be
enforced by execution to be issued from any county or district
court, upon filing therein the order of the judge and a certi-
ficate showing the amount at which the costs were taxed and an
affidavit of the non-payment of them. 1972, c. 95, s. 84 (4. 5).

Expenses of
Judgre

(6) The judge is entitled to receive from the municipality
the expenses necessarily incurred in attending at the place
designated by him for a recount or final addition except
where the recount or final addition has been held at the
instance of a school board, in which case the expenses shall
be paid by the board. 1972, c. 95, s. 84 (6); 1974, c. 32,
s. 36 (2).

Where no
appeal.

gackets to
e returned
to clerk

Documents
not required
on appeal

87. — (1) Upon expiry of the time for appeal from a deci-
sion of a judge on a recount or final addition if no appeal
has been taken, the judge shall cause packets, sealed in
accordance with subsection 10 of section 83, to be returned
to the custody of the clerk.

(2) If an appeal is taken from the decision of a judge on a
recount or final addition, the judge shall cause such of the
packets of ballots and such of the original statements as are
not required for the purpose of the appeal to be returned
to the custody of the clerk. 1972, c. 95, s. 85, amended.

APPEAL FROM DECISION ON RECOUNT OR FINAL ADDITION

deSlSn'of" ^^' — (^) ^"y P^rty may appeal from the decision of the
judge judge who conducted a recount or final addition other than a

(2) The notice may be served upon the other parties per- service of
sonally, or as a judge of the Supreme Court may direct. 1972,

c. 95, s. 86 (1, 2).

(3) Where the appeal is limited, the judge who conducted fo*be°for^*^'^"
the recount or final addition shall forward the sealed packets warded to

xv6?ist<r3.r

of the ballots or statements that are the subject of appeal, of supreme

Court

together with the notice and a certificate showing his findings
as to the ballots in dispute, by registered mail to the Registrar
of the Supreme Court, but, if the appeal is not limited the
judge shall forward all the ballots and other papers to the
Registrar, and in either case he shall await the result of the
appeal before sending his certificate under section 83 to the
clerk. 1972, c. 95, s. 86 (3), amended.

(4) On receipt of the ballots and notice, the Registrar shall f^PPhirS"'
forthwith obtain an appointment from a judge of the Supreme

Court for hearing the appeal and shall notify the parties or
their solicitors of the time so appointed.

(5) At the time appointed, the judge of the Supreme Court fp^|i^'^"°'^
shall recount the ballots or such of them as are the subject of

appeal, or review the final addition, as the case may be, and
shall forthwith certify his decision to the judge who conducted
the recount or final addition, whose duty it is to conform
to the decision and to certify the result without delay to
the clerk.

(6) The judge of the Supreme Court may direct by and to J°J^|,°^
whom, the costs of the appeal shall be paid.

(7) Wherethejudgeof the Supreme Court makes no provision ^**®™
as to costs, the disbursements made or authorized to be made

by the clerk, shall be paid by the municipality. 1972. c. 95,
s. 86 (4-7).

DISPOSITION OF ELECTION RECORDS

80.— {1) The clerk shall retain in his possession for ninety g?^P^S^i°"
days from the date of the poll for an election all the ballots in the
election and, unless otherwise directed by an order of a judge
or officer having jurisdiction to inquire as to the validity of

Disposition
of other
documents

(2) Subject to subsection 1, the clerk shall retain in his
possession all oaths, nominations, qualification documents,
statements of the votes cast, and other documents relating to
an election until the successors to the persons elected at such
election have taken office, and may then destroy them. 1972,
c. 95, s. 87.

Inspection
of ballots

90. — (1) No person shall be allowed to inspect the contents
of a ballot box in the custody of the clerk except under the
order of a judge. 1974, c. 32, s. 37.

Order of
judge

Production
of documents
by clerk

(2) The order may be made on the judge being satisfied by
affidavit or other evidence that the inspection is required for
the purpose of maintaining a prosecution for an offence, or
corrupt practice, or of taking proceedings for contesting the
election or return. 1972, c. 95, s. 88 (2).

0 1 . Where an order is made for the production by the clerk
of any document in his possession relating to an election, the
production of it by him in such manner as may be directed by
the order is evidence that the document relates to the election,
and any endorsement appearing on any packet of ballots so
produced is evidence that the contents are what they are
stated to be by the endorsement. 1972, c. 95, s. 89.

New
election

.NEW ELECTIONS

92. — (1) Where a new election is required under the
authority of this or any other Act to fill a vacancy in any
office by an election other than a regular election, the clerk of
the municipality who is the returning officer with whom
nominations may be filed shall set the date of the nomination
day which shall be within forty-five days of the day on
which,

(a) a directive is given in any judicial proceedings;

{b) the council of the municipality passes a by-law; or

that such an election is required. 1972, c. 95, s. 90 (1),
amended.

(2) The procedure including the period for fihng nominations Procedure
at a new election shall be the procedure and period applicable

at a regular election of the municipality and polling day shall
be not less than eighteen and not more than twenty-one
days after nomination day.

(3) The polling required to fill a vacancy in an office by this Polling
section shall so far as possible be held in the same manner and

by the same officers and take place at the same places, in so far
as practicable, at which the polling took place at the last
regular election. 1972, c. 95, s. 90 (2, 3).

(4) Unless a new preliminary list of electors has been ^/|g^°rs
furnished by the assessment commissioner under subsection

5, the preliminary list to be used for preparation of the polling
list for a new election shall be the polling list prepared for
the last regular election, which shall be subject to revision
as if it were a preliminary list of electors and sections 24 to
30 apply mutatis mutandis to the printing or reproduction
of the list and to the revision of the list, subject to the
following rules:

2. Where a new election is required under section 111,
the period during which a person may qualify as
an elector for the office to be elected shall be the
period of qualification specified under section 12 or
13 and the period following such qualification period
terminating on the date of the receipt by the clerk
of the municipality of the copy of the judgment
under subsection 6 of section 111.

R.S.0. 1970.
C.284

Where a by-law or question is to be submitted to
the electors, the period during which a person may
qualify as an elector entitled to vote on the by-law
or question, as the case may be, shall be the period
of qualification specified under section 12 or 13 and
the period following such qualification period ter-
minating on the date of the order of the Ontario
Municipal Board given under section 262 of The
Municipal Act. 1974, c. 32, s. 38 (1), amended.

Idem

R.S.0. 1970.
C.32

(5) Where in the year following an election year the annual
enumeration under The Assessment Act has, prior to the holding
of the new election, been completed for the municipality or
municipalities in which the new election is to be held, the
assessment commissioner shall, within fourteen days of a request
by the clerk or clerks of such municipality or municipalities,
furnish a new preliminary list of electors based on such annual
enumeration and in accordance with the requirements of this
Act pertaining to the preparation of such lists and such
preliminary list shall for all purposes, including revision by the
clerk, be the preliminary list of electors for the new election.
1972, c. 95, s. 90 (5).

Certification
of list

(6) The preliminary list for a new election, when revised,
shall be subject to certification by the clerk under section 31
and to entry of names in the list under sections Z^ and 56.
1974, c. 32, s. 38 (2), part.

Eligibility
of member
to be

candidate
for other
office

(7) Where a vacancy occurs in any office and an election is
to be held to fill such vacancy, a person holding any other
office is not eligible to be a candidate for the vacant office
unless he has, before the nomination day for the new election,
filed with the clerk a certified copy of his resignation from
the office that he then holds with evidence satisfactory to the
clerk that such resignation has been filed as required by
legislation governing the office that he then holds. 1972, c. 95,
s. 90 (6).

Vacancy
after

March 3l8t
of election
year

(8) Notwithstanding anything in this or any other general
or special Act, a new election shall not be held to fill a
vacancy where the vacancy occurs after the 31st day of March
of an election year. 1972, c. 95, s. 90 (7).

Revision of
partial list

(9) If election to the office for which a new election is
required is to be by ward or other form of division of the
municipality it is necessary to revise only that portion of the
preliminary list applicable to such ward or other part of the
municipality. 1974, c. 32, s. 38 (2), part.

93. Notwithstanding that a new election becomes necessary, m°eet not^*^
meetings of the council may be held if a quorum of the withstanding
council is present. 1972, c. 95, s. 91.

EFFECT OF IRREGULARITIES

94. No election shall be declared invalid, irregularities

' not to onset

result

(a) by reason of any irregularity on the part of the clerk
or in any of the proceedings preliminary to the poll ;

(b) by reason of a failure to hold a poll at any place
appointed for holding a poll ;

(c) by reason of non-compliance with the provisions of
this Act as to the taking of the poll, as to the counting
of the votes or as to limitations of time ; or

(d) by reason of any mistake in the use of the prescribed

forms, .^ /*ir

SECRECY OF PROCEEDINGS

95. — (1) Every person in attendance at a polling place or proceedings
at the counting of the votes shall maintain and aid in main- /

taining the secrecy of the voting. '

(2) No person shall interfere or attempt to interfere with an interference
elector when marking his ballot paper, or obtain or attempt elector

to obtain at the polling place information as to how an elector
is about to vote or has voted.

(3) No person shall communicate any information obtained f,on M^to*^*
at a polling place as to how an elector at such polling place voting

is about to vote or has voted.

(4) No person shall, directly or indirectly, induce or attempt [,°5^^i"fo
to induce an elector to show his ballot paper after he has show baiiot
marked it so as to make known to any person how he has voted.

(5) Subject to section 63, an elector shall not show his ^0"^^^°°*^
ballot paper, when marked, to any person so as to make known ballot
how he voted.

NOjOne^com- (5) jsjo person who has voted at an election shall, in any
o^sciose legal proceeding to question the election or return, bo required

to state how or for whom he has voted. 1972, c. 95, s. 93.

Voting when
not qualified,
etc.

OFFENCES, PENALTIES AND ENFORCEMENT

06. Every person who, at an election,

(a) not being qualified to vote, votes;

{b) being qualified to vote, votes more times than he is
authorized to vote by this Act ; or

is guilty of a corrupt practice and is liable to a fine of not more
than $1,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 94.

Improper
voting by
proxy

97. Every person who,

(a) having appointed a voting proxy to vote at an election,
attempts to vote at the election otherwise than by
means of such voting proxy while the voting proxy
is in force ; or

Wilful
miscount
of ballots

(b) having been appointed a voting proxy at an election,
votes or attempts to vote at the election under the
authority of the proxy when he knows or has reasonable
grounds for supposing that his appointment has been
cancelled or that the elector who made the appoint-
ment is dead or is no longer entitled to vote,

is guilty of a corrupt practice and is liable to a fine of not
more than $ 1 ,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 95.

08. Every deputy returning officer or poll clerk who wilfully
miscounts the ballots or otherwise wilfully makes up a false
statement of the poll is guilty of a corrupt practice and is
liable to a fine of not more than $1 ,000, or to imprisonment for
a term of not more than six months, or to both. 1972, c. 95,
s. 96.

Neglect of
duties

90. Every clerk, deputy returning officer or poll clerk who
refuses or neglects to perform any of the duties imposed upon
him by this Act is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000. 1972,
c. 95, s. 97.

100. Every person who,

{a) without authority, supphes a ballot to any person ;

lb) places in a ballot box a paper other than the ballot
that he is authorized by law to place therein ;

(c) delivers to the deputy returning officer to be
placed in the ballot box any other paper than the
ballot given to him by the deputy returning officer;

{d) takes a ballot out of the polling place ;

{e) without authority, takes, opens or otherwise inter-
feres with a ballot box or books or packet of ballots
or a ballot in use or used for the purpose of an
election ;

if) being a deputy returning officer, knowingly puts his
initials on the back of any paper that is not a ballot,
purports to be or is capable of being used as a ballot
at an election ; or

{g) attempts to commit any offence mentioned in this
section,

is guilty of a corrupt practice and is liable to a fine of not more
than $1,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 98.

Offences
relating to
ballot
papers

101. Every person who knowingly furnishes false or mis- information
leading information to any person who by this Act is authorized pe^3on*^s°"''***
to obtain information is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000, or to
imprisonment for a term of not more than six months, or to both.
1972, c. 95, s. 99.

102. Every person who,

Offences of
Inducing un-
qualified

(«) induces or procures any person to vote knowing that ^rpubushes*^*
that person has no right to vote ; or mLlft^of wTth-

drawal of

(b) before or during an election knowingly publishes a
false statement of the withdrawal of a candidate,

is guilty of a corrupt practice and is liable to a fine of not
more than $ 1 ,000, or to imprisonment for a term of not more than
six months, or to both. 1972. c. 95, s. 100.

candidate

103. — (1) Every person who,

Hi'ibery:
bribing

(a) directly or indirectly, himself or by any other person on «j.«^^u°1n^
his behalf, gives, lends or agrees to give or lend, or bribery by

money

by gift or
offer or
promise of
employment

(b) directly or indirectly, himself or by any other jjerson on
his behalf, gives or procures or agrees to give or pro-
cure, or offers or promises any office, place or
employment, or promises to procure or to endeavour to
procure any office, place or employment to or for any
elector, or to or for any other person in order to
induce any elector to vote or refrain from voting,
or corruptly does any such act on account of any
elector having voted or refrained from voting at an
election ; or

to induce
anyone to
procure
return of
candidate
or endeavour
to procure

(c) directly or indirectly, himself or by any other person
on his behalf, makes any such gift, loan, offer, promise,
procurement or agreement, to or for any person, in
order to induce such person to procure or endeavour
to procure the return of any candidate, or the vote of
any elector at an election ; or

receiving
bribe to
procure
return of
candidate

(d) upon or in consequence of any such gift, loan, offer,
promise, procurement or agreement, procures or en-
gages, promises or endeavours to procure the return of
any candidate, or the vote of any elector at an
election ; or

advancing
money to
be spent
in corrupt
practices

{e) advances or pays, or causes to be paid, money to or to
the use of any other person, with the intent that such
money or any part of it shall be expended in corrupt
practices at an election, or who knowingly pays or
causes to be paid money to any person in discharge or
repayment of money wholly or in part expended in
corrupt practices at an election ; or

applying
for money
or employ-
ment In
considera-
tion of
voting

(/) directly or indirectly, himself or by any other person on
his behalf, on account of and as payment for voting or
for having voted, or for illegally agreeing or having
agreed to vote for any candidate at an election, or on
account of and as payment for having illegally assisted
or agreed to assist any candidate at an election, applies
to such candidate for the gift or loan of any money
or valuable consideration, or for the promise of the

gift or loan of any money or valuable consideration,
or for any office, place or employment, or the
promise of any office, place or employment ; or

[g) before or during an election, directly or indirectly, receiving
himself or by any other person on his behalf, receives, office, etc.,
agrees or contracts for any money, gift, loan or voted
valuable consideration, office, place or employment,
for himself or any other person, for voting or
agreeing to vote, or for refraining or agreeing to
refrain from voting at an election ; or

{h) after an election, directly or indirectly, himself or by J^oney"^
any other person on his behalf, receives any money or corruptly
valuable consideration for having voted or refrained election
from voting, or for having induced any other person to
vote or refrain from voting at an election ; or

(t) in order to induce a person to allow himself to be srivin^ or

\ ' r promising

nominated as a candidate, or to refrain from becoming office to

C£LIlQlQd>tr6

a candidate, or to withdraw if he has become a to stand or
candidate, gives or procures any office, place or
employment, or agrees to give or procure or offers or
promises to procure, or endeavours to procure any
office, place or employment for such person, or for any
other person.

withdraw

(2) The actual personal expenses of a candidate, his ^^^"gga ^f
reasonable expenses for actual professional services performed, candidate
and bona fide payments for the fair cost of printing and
advertising and other lawful and reasonable expenses in
connection with the election, incurred by the candidate in good

faith and without any corrupt intent, shall be deemed to be
expenses lawfully incurred, and the payment thereof is not a
contravention of this Act.

(3) The clerk shall furnish every deputy returning officer p°o*vi?ion8
with at least two copies of this section, and the deputy as to corrupt
returnmg officer shall post them m conspicuous places at the

polling place. 1972, c. 95, s. 101 .

1 04. Every person who contravenes any of the provisions ^^^^If
of this Act, for which contravention no penalty is otherwise
provided, is guilty of an offence and on summary conviction is
liable to a fine of not more than $1,000. 1972, c. 95, s. 102.

Disqualifi-
cation of
persons
guilty of
corrupt
practice

Limitation

105. — (1) Where a candidate at an election is convicted of
l)ribery or of committing a corrupt practice, he is ineHgible
to be nominated and stand as a candidate at any election up
to and including the next regular election, or to hold any office
at the nomination of a municipal council or local board for four
years following the date of the poll.

(2) If, when the candidate is convicted of committing a
corrupt practice, the presiding judge finds that the act
constituting in law a corrupt practice was committed without
any corrupt intent, the candidate is not subject to the
penalties and disabilities provided by subsection 1. 1972,
c. 95, s. 103.

CORRUPT PRACTICES AND CONTROVERTED ELECTIONS

Validity of
election,
etc..

determined
by action

106. — (1) The validity of an election or of the election
of any person to any office at such an election or whether
or not any person is guilty of a corrupt practice respecting
an election shall be tried and determined by an action
commenced by issuing a writ in the county or district court
for the county or district in which the municipality or the
administrative or head office of the local board is situated.

Penalties
for corrupt
practice

Who may

commence

action

(2) Where the county or district court determines that a
person has committed a corrupt practice it may, in addition
to any other penalty or order, impose the penalties provided
therefor under sections 96 to 102. 1972, c. 95. s. 104 (1, 2).

(3) Any elector entitled to vote at an election referred to
in subsection 1 may commence an action under this section in
relation to such election. 1972, c. 95, s. 104 (3), amended.

Time for

commencing

action

(4) No action shall be commenced after the expiration of
ninety days following the date of the poll at the election
referred to in subsection 1. 1972, c. 95, s. 104 (4).

Mode of
trial

107. — (1) The judge shall, in a summary manner and
without formal pleadings, hear and determine the questions
raised by or upon an action under section 106 and may give
directions as to the conduct thereof and may inquire into the
facts on affidavit, by oral testimony, or by trying an issue
framed by him, or by one or more of those means.

Idem

Judge

without

jury

(2) Subject to subsection 1 and where not otherwise provided
in this Act, the practice and procedure of the county or district
court apply to an action commenced under section 106.

(3) The action shall be tried by a judge without a jury.
1972, c. 95, s. 105.

108. — (1) At the time of the commencement of an action , f^®^<^^^^^y
security shall be given on behalf of the plaintiff to be applied
towards payment of all costs, charges and expenses, if any,
that may become payable by the plaintiff, including the costs
and charges of the clerk incurred in the publication of notices
in the municipality in respect of the writ of the action or
proceedings therein.

(2) The security shall be in the amount of $400 and shall be ^^^"^
given in accordance with the practice in cases where a plaintiff
resides out of Ontario. 1972, c. 95, s. 106.

100. — (1) An action abates on the death of a sole plaintiff ^^^^S^^
or the survivor of several plaintiffs.

(2) The abatement of an action does not affect any liability pJ,*cosu
for costs previously incurred.

(3) On the abatement of an action any person who might f "^fa/ntiiT°"

have been a plaintiff may apply to a judge of the court or, during a

the trial, to the trial judge to be substituted as the plaintiff.
1972, c. 95, s. 107.

110. Where a plaintiff is not quahfied to be a plaintiff in substitution
an iu lion under this Act, the action shall not on that account pe^son'**^**
be dismissed if, within such time as a judge of the court or,
during the trial, the trial judge allows for that purpose, another
plaintiff is substituted and substitution shall be made on such
terms and conditions as the judge considers proper. 1972,
c. 95, s. 108.

Ill . — (1 ) Where it is determined that a successful candidate fandfdate^
is guilty of bribery or of a corrupt practice, the court may gruiityof
declare his election void and his ofhce shall thereupon become practice
vacant.

(2) Where the election of any person is declared void, the ^^m^'^^g
court may order that he be removed from office and, if it is of another
determined that any other person would have been elected candidate
but for the corrupt practice that he be admitted to take his

seat in the council or board or, if it is determined that no
other person is elected, a new election shall b(; held.

(3) Where it is determined that any person is guilty of bribery ^n®{^,g„jon
or of a corrupt practice and that the commission of the bribery of corrupt
Dr corrupt practice affected the result of the election, the court affected
may declare the election void and a new election shall be held. e?ectio^

where^actof (4) Where it is determined that any act or omission of an
official election official affected the result of an election, the court

result of may declare the election void and a new election shall be held.

election

Compensation (5) Where a new election is to be held, the court may make

of candidates ^ ' ... . i ■ i- i

where such Order as it considers lust against any person who is found

Blfiction void jo ^ r

guilty of an offence or of bribery or a corrupt practice under
this Act for the compensation of candidates at the void
election not exceeding $2,000 per candidate.

tocferk"' (6) The clerk of the court shall forward a copy of the judg-

ment and the reasons for judgment to the clerk of the munici-
pality. 1972, c. 95, s. 109.

Where
election set
aside and
appeal
entered

1 12. — (1) If the court determines that a member was not
duly elected, notwithstanding that an appeal from the deci-
sion is pending, he is not entitled to sit or vote on the
council or board until the appeal is disposed of and the
judgment of the court on appeal is received by the council or
local board, but where the court determines that some other
person was elected or is entitled to the seat, such person is,
notwithstanding that an appeal is pending, entitled to take his
seat and to sit and vote until the appeal is disposed of and
the judgment of the court on appeal is received by the council
or local board. 1972, c. 95. s. 110.

Decisions (2) The declslons of a council reached with the participa-

not affected tion of a member or members who is or are subsequently

DV F6&S0I1

ofsubseauent declared to be not entitled to sit on council shall not in any
cation way be affected on the grounds of the participation of such

member or members. New.

New election
not to he
held pending
appeal

1 1 3. A new election shall not be held until after the
expiration of the time limited for appeal from the determination
of the court that the election is void and, if an appeal is
brought, the election shall not be held pending the appeal.
1972,c. 95, s. 111.

Appeal to

Divisional

Court

114. — (1) An appeal lies from the judgment of the county
or district court to the Divisional Court in accordance with
the rules of court.

Judgment
or new trial

(2) The Divisional Court may give any judgment that ought
to have been pronounced or may grant a new trial for the
purpose of taking evidence or additional evidence and may remit
the case to the trial judge or to another judge and, subject
to any directions of the Divisional Court, the case shall
thereafter be proceeded with as if there had been no appeal.

(3) An appeal lies from the decision of the trial judge to whom Appeal from

^ ' * * JO decision on

the case was remitted by the Divisional Court in accordance new trial
with the provisions of this section. 1972. c. 95, s. 112.

115. Any person elected may, at any time after the election ^Jfor^''"^'^
and before it is complained of, deliver to the clerk of the complaint
municipality a disclaimer, signed by him, to the following

effect :

"I, A.B., hereby disclaim all right to the office of

for the of

in the . of

and all defence of any right I may

have to the same. Dated day of

19.... A.B."

1972, c. 95, s. 113. ^

1 1 6. A person whose election is complained of, unless it is ^aer**'"®'^
complained of on the ground of bribery or of a corrupt practice complaint
on his part, may, within one week after service on him of the

writ, transmit by registered mail, or deliver to the judge of
the court, and to the applicant or his solicitor, a disclaimer
signed by him to the following effect:

"I, A.B., upon whom a writ, authorized by The
Municipal Elections Act, 1972, has been served for
the purpose of contesting my right to the office

of in the county (or district)

of hereby disclaim the office, and

all defence of any right I may have to the same.

Dated day of , 19

A.B."

1972, c. 95, s. 114.

1 17. — (1) A person disclaiming shall deliver a duplicate of S^^JiTCia'mer
his disclaimer to the clerk of the municipality, and the clerk o clerk
shall forthwith communicate it to the council or to the
secretary of the local board, as the case re(juires. 1972,
c. 95. s.'llS (1): 1974. c. 32. s. 39.

?e^KnftUon (^) ^ disclaimer in accordance with section 115 or 116

operates as a resignation.

Relief from
costs

(3) A disclaimer in accordance with section 116 relieves
the person making it from all liability for costs in an action
under section 104. 1972, c. 95, s. 115 (2, 3).

Procedure
substituted
for fluo
warranto
proceedings

118. Proceedings for the removal from office of a person
whose election is alleged to have been undue or illegal, or who
is alleged not to have been duly elected, and proceedings to
have the right of a person to sit in a council or as trustee
of a police village or as member of a local board, as the case
may be, determined shall be had and taken only under the
provisions of this Act. 1972, c. 95, s. 116; 1974, c. 32, s. 40,
amended.

Forms

119. — (1) The Minister may by order prescribe the forms
required for the purposes of this Act, which forms may
be in both the English and French languages. 1975, c. 23, s. 1,
part.

Notices in

French

language

Determina-
tion

by council
of French-
language
forms, etc.

(2) Any notices required to be posted, published or mailed
under this Act may, in addition to being printed in the
English language, be printed in the French language.

(3) The use in a municipality of forms prescribed in the
French language under subsection 1 or the printing of notices
in the French language under subsection 2 shall be deter-
mined by by-law of the council of the municipality. New.

Holidays

Limitation
on election
expenditures

1975. c. 40.
s. 27(1).
re-enacted

120. Subject to subsection 2 of section 11, where any day
specified in this Act for the undertaking of any proceeding
pertaining to an election falls on a holiday, the day specified
shall be deemed to be the immediately preceding day which
is not a Sunday or a holiday. New.

121. The council of a municipality may by by-lavy
provide for limitations on elections expenditures by or on
behalf of a candidate and require the disclosure by a candi-
date of all election contributions to his campaign in excess of
$100 in the form of money and goods and services. Ncu.

122. Subsection 1 of section 27 of The Liquor Licemc Ad,
1975, being chapter 40, is repealed and the following sub-
stituted therefor :

Submission
by council
to vote

(1) The council of a municipality may submit one or
more of the questions prescribed by the regulations
respecting the authorization for the sale of liquor in
the municipahty to a vote.

(la) The council of a municipality shall submit to a.^^^^
vote such questions prescribed by the regulations
respecting the authorization for the sale of liquor in
the municipahty as are requested by petition signed
by at least 25 per cent of the persons appearing on
the list of electors, as revised, prepared for the
previous municipal election.

123. Section 30 of the said Act is repealed. s^3o'^^°"

repealed

124. Sections 31, 32 and 33 of the said Act are repealed S^33°"
and the following substituted therefor: re-enacted

31. The day fixed for taking the vote on any question ^^y°^
or questions shall be the day upon which, under The 1977,0.
Municipal Elections Act, 1977, a poll would be held
at the election of members of the council of the
municipality unless the council, with the approval
of the Board, fixes some other day and notifies
the clerk of the municipahty to that effect, but a

poll shall not be held on any such question or .

questions until after the expiration of two months
from the passing of a by-law for submitting the
question or questions where the council submits the
question or questions without a petition, nor until
after the expiration of two months from the filing
of the petition, as the case may be.

32. — (1) The persons qualified to vote upon a question ^^'"^y
or questions are such persons as would be eligible
to vote at an election held on that day pursuant to
The Municipal Elections Act, 1977 .

(2) Where the vote is held on a day other than the date ^e'nodfor"""
set for the election of members to the council of the determining

.... , . . , , !•£ X- eligibility

municipahty, the termination of the quahncation of electors
period for determining the eligibility of electors
under paragraph 4 of subsection 4 of section 92 of
The Municipal Elections Act, 1977 is the date of the
approval given by the Board as required by sec-
tion 31.

33. The provisions of The Municipal Elections Act, 1977 Application
apply to the taking of a vote under this Act. 1977.0. ...

33a. The returning officer shall make his return to the g^^Jl^" ^°
Board showing the number of votes polled for the
affirmative and negative on the question or questions
submitted and, upon the receipt of such return, the

1975. c. 40.

B.34(2).

re-enacted

Board shall give notice thereof in The Ontario
Gazette showing the total number of votes polled in
the municipality for the affirmative and negative
upon the question or questions.

125. Subsection 2 of section 34 of the said Act is repealed
and the following substituted therefor:

Who entitled
to sigrn
petition

Who
entitled
to vote

1977. c. . . .

Repeals

Commence-
ment

(2) The persons quahfied to sign a petition pursuant to
section 27 or 28 are the persons whose names
appeared on the list of electors, as revised, pre-
pared for the previous municipal election held in the
municipality amalgamated or municipality or part
annexed, as the case may be.

(3) The persons qualified to vote upon a question or
questions are the persons who would be eligible to
vote at an election held in the municipality amal-
gamated or municipality or part annexed, as the
case may be, held pursuant to The Municipal
Elections Act, 1977 .

126. The following are repealed:

1. The Municipal Elections Act, 1972, being chapter 95.

2. The Municipal Elections Amendment Act, 1974, being
chapter 32.

3. The Municipal Elections Amendment Act, 1975, being
chapter 23.

127. This Act comes into force on the 1st day of January,
1978.

Short title

128. The short title of this Act is The Municipal Elections
Act, 1977.

«-«.

cxi

c5"

?x,

■"-s

r^i

Si.

:a:

»■

<r»

1—1
3

H w

r*-

•-1

a>
"1

on'

Orq

l-^

c/) 0

0
■<

S ?

a>
i-i

0 >

3 •

2 0

o' J?^

Et!

p w

3 0

a a

3
cr

Si-

ft
Si.

-4

a.
I'

ft)

-5'

£L

l-K

^-^

■-1

t/)

(T'

<-»■

,_^

BILL 98

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to revise
The Municipal Elections Act, 1972

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 98 1977

An Act to revise
The Municipal Elections Act, 1972

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

1. In this Act, interpre-

tation

1. "advance poll" means a poll held under section 66;

2. "assessment commissioner" in relation to a munici-
pality means the assessment commissioner appointed

under The Assessment Act for the assessment region in ^•f2°" ^^^°'
which the municipality is situate ;

3. "assistant returning officer" means a person appointed
by the clerk to assist him in the conduct of the
election ;

4. "assistant revising officer" means a person appointed
by the clerk to assist him in the revision of the list of
electors ;

5. "candidate" means a person who is nominated for
election to office in accordance with this Act and
whose nomination is certified by the clerk ;

6. "clerk" with respect to a municipality means the
clerk of the municipality ;

7. "constable" means a constable or a person appointed
as a constable by the clerk or the deputy returning
oflficer to maintain peace and order at an election ;

8. "corrupt practice" means any act or omission in
connection with an election in respect of which an
offence is provided under the Criminal Code (Canada) ^ ci^^^^^'
or which is a corrupt practice under this Act ;

9. "deputy returning oflficer" means a deputy returning
oflficer appointed for a polling place under this Act ;

10. "election" means an election governed by this Act;

11. "election assistant" means a person appointed by the
clerk to assist in the conduct of an election ;

12. "election year" means a year in which a regular
election is held in accordance with the provisions
of this Act ;

13. "elector" means a person entitled under this Act to
vote in an election ;

R.so. 1970, 14 "enumerated" means enumerated under The Assess-

c. 32 .

ment Act;

^1^ 1970. 15 "holiday" means a holiday as defined in The Interpre-

tation Act;

16. "local board" means a local board as defined in
R.s.o. 1970. The Municipal Affairs A ct ;

17. "locality" means territory without municipal organ-
ization that is deemed a district municipality under

1974. c. 109 The Education Act, 1974;

18. "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;

19. "municipa:lity" means a city, town, village or town-,
ship;

20. "new election" means an election other than a regular
election;

21. "nomination day" means the last day for filing
nominations;

22. "oath" includes an affirmation;

23. "office" means an office, the election to which is
governed by this Act ;

24. "owner or tenant" means a person enumerated as
owner or tenant of land separately assessed or liable
to be separately assessed under The Assessment Act;

25. "polling day" means the day on which the poll is to
be taken under this Act ;

26. "polling list" means the list of electors for each
polling subdivision revised and certified by the clerk ;

27. "polling place" means the area designated by the
clerk in which the facilities for the conduct of the
poll are situate ;

28. "polling subdivision" means a polling subdivision
established by the clerk under this Act ;

29. "preliminary list" means a preliminary list of
electors ;

30. "prescribed" means prescribed by the Minister;

31. "public school elector" means an elector who is not a
separate school elector ;

32. "quorum" means a majority of the members of
council or of a local board or the trustees of a police
village, as the case may be ;

33. "regular election" means an election required to be
held under section 10 of this Act;

(a) The place where a person's family resides shall
be his residence unless he takes up or continues
his residence at some other place with the in-
tention of remaining there, in which case he
shall be deemed to be a resident of such
other place .

35. "scrutineer" means any person appointed as a
scrutineer by a candidate or by a council under
section 6 ;

APPLICATION OF ACT

Application 2. Notwithstanding any other general or special Act,
this Act appHes to and governs all elections,

(a) to the offices of ,

(i) member of the council of a municipality,

(ii) member of the council of a regional munici-
pality where such office is required to be
filled by a vote of the electors of an area
municipality,

(iii) trustee of a police village,

(h) to obtain the assent of electors on any by-law
required or authorized by law to be submitted for
their assent at an election ; and

(c) to obtain the opinion of the electors on any question
required or authorized by law to be submitted to
the electors at an election. 1975, c. 95, s. 2 (1),
amended.

ELECTION OFFICIALS

Returning 3^ — (1) Subject to subsections 2 and 3. the clerk of a
revising municipality is the returning officer and revising officer for
the purpose of the conduct of elections within the munici-
pality or a part thereof.

offlcer"in"^ (2) For the purpose of elections of trustees of a police

police^ village, the clerk of the municipality in which the police

village is located shall be the returning officer for the election
and where the police village is located in two or more
municipalities,

(a) the nominations for trustees shall be filed with the
clerk of the municipality having the largest number
of electors of the police village who shall send to the
clerk of each municipality concerned by registered
mail within forty-eight hours after the closing of
nominations the names of the candidates ; and

village

(b) the clerk of each other municipaHty in which part
of the pohce village is located shall be the returning
officer for the vote to be recorded in his munici-
pality and he shall forthwith report the vote recorded
to the returning officer referred to in clause a who
shall prepare the final summary and announce the
vote.

(3) The clerks of municipalities to which subsections 23 cierks
and 28 of section 57 and subsection 21 of section 110 of The relation to
Education Act, 1974 apply shall perform the duties as boards
returning officers for the purposes of an election under this ^^'^^^ ^- ^^^
Act as are specified in those provisions. 1972, c. 95, s. 3,
amended.

4. — (1) The clerk of every municipality shall for the pur- °-^-°j- ^k^
poses of an election appoint a deputy returning officer and a
poll clerk for each polling place established in the municipality
and, as far as is practicable, the deputy returning officers
and poll clerks shall be appointed for polling places for the

polling subdivisions in which they reside but no candidate is \

eligible to be appointed as a deputy returning officer or poll
clerk. 1972, c. 95, s. 4 (1), amended.

(2) If a deputy returning officer or poll clerk signifies to theWh^ere^
clerk that he will not act, the clerk shall appoint another to act
person to act in his place.

(3) If a deputy returning officer or poll clerk does not Non-^^^^^^
attend at the opening of the poll, the clerk shall appoint of d-R^Oj^
another person to act in his place.

(4) If a deputy returning officer through illness or for any other |^o°act'fo''r'^
reason becomes unable to perform his duties on polling day,DRO.
the clerk shall appoint another person to act in his place.

1972, c. 95, s. 4 (2-4), amended.

(5) The clerk may appoint election assistants, assistant Assistants
returning officers and assistant revising officers to assist him

(6) The clerk may, in writing, delegate to the assistant fy c1e?k°"
returning officers and assistant revising officers appointed

under subsection 5, such of his statutory rights and duties
in relation to the preparation for and conduct of the election
as he considers necessary. New.

Duties of (7) The poll clerk and an election assistant, if any, shall

poll clerk ^g^jg^ ^^^ deputy returning officer in the performance of the

duties of his office and shall obey his orders. 1972, c. 95,

s. 4 (6).

Oath

Who may 5, — (1) Exccpt where otherwise provided, an oath may be

oaths administered by any person authorized by law to administer

oaths in Ontario.

Oath of
D.R.O.

Idem

No charge

(2) The clerk may administer any oath required by this Act,
and deputy returning officers and poll clerks may administer
any such oath except an oath to be taken by the clerk.

(3) Every person administering an oath under or for the
purposes of this Act shall administer the oath gratuitously.
1972,c. 95,s. 5.

scruuneere Q^ — (1) Each candidate may appoint in writing such

candidate number of persons who are at least sixteen years of age as he

considers advisable as scrutineers to represent him in a

polling place and at the counting of votes under this Act.

1972, c. 95, s. 6 (1), amended.

^*mbe°° (^) ^^^ more than one scrutineer representing each can-

present didate may be present for any of the purposes specified in
subsection 1 at any time. 1972, c. 95, s. 6 (2).

Scrutineers
appointed
by council

(3) The council of a municipality may, if requested to
do so, by resolution appoint as scrutineers in relation to
voting on any by-law or question submitted to the electors
at an election two persons to attend at the final summing
up of the votes by the clerk and two persons to attend at each
jwlling place, one such person in each case on behalf of the
persons interested in and desirous of promoting the proposed
by-law or voting in the affirmative on the question and the
other such person on behalf of the persons interested in and
desirous of opposing the proposed by-law or voting in the
negative on the question. 1972, c. 95, s. 7 (1).

COSTS OF ELECTION

8. — (1) Except where otherwise specifically provided by cost of
this or any other special or general Act, the cost of an
election shall be borne by the municipality in which it is held. ,

(2) The reasonable expenses incurred by a clerk or any other of'offlce^rs
officer for printing, providing ballot boxes, ballot papers,
materials for marking ballot paper, and balloting compart-
ments, and for the transmission of packets, and reasonable

(3) Where the clerk of a municipality is required to conduct Expenses of

1- r 1 iriii 1, by-election

an election of a member or members 'of a local board other of locai
than at a regular election, the board shall forthwith reim-
burse the treasurer of the municipality for the cost of em-
ploying deputy returning officers, poll clerks and other election
officials and for the reasonable expenses incurred by the clerk
or any other officer of the municipality for advertising the
times and places for nomination and of polls, for printing,
for providing ballot boxes, ballot papers, materials for marking
ballot papers, and balloting compartments, for the trans-
mission of packets, and for reasonable costs including the
cost of printing and distribution of but not preparation other-
wise of the polling list. 1972, c. 95, s. 8 (3), amended.

TEKM OF OFFICE

9. — (1) Notwithstanding any other general or special Act j^^^'^®*''
and except where otherwise specifically provided in this Act, the
term of office of all offices, the election to which is governed
by this Act, shall be two years, commencing on the first day
of December in an election year. 1972, c. 95, s. 9 (1), amended.

(2) The holders of offices hold office until their successors untii new

^ ' council

are elected and the newly elected council or local board is organized
organized. 1972, c. 95, s. 9 (2).

BIENNIAL ELECTIONS

10. — (1) An election shall be held in accordance with this Election
Act in each municipality in the year 1978 and in every

Vote on

queBtlon.

•to.

1975. c. 40

Polling
day

Idem

second year thereafter for the purpose of electing persons
to offices. 1972. c. 95, s. 10 (1), amended.

POLLING DAY

11. — (1) PoUing day in a regular election shall be the
second Monday in November in each election year. 1972,
c. 95, s. 11, amended.

(2) Where poUing day as specified in subsection 1 falls on
a holiday, poUing day shall be the next succeeding day that
is not a holiday, but the day for the undertaking of any
other proceeding pertaining to the election shall not be
affected thereby. New.

Electors,
resident

Electors,
non-resident

QUALIFICATION OF ELECTORS

12. A person is entitled to be an elector in a municipality
if he is not disqualified under this or any other Act or
otherwise prohibited by law from voting in the election and
if, at any time during the period commencing on the Tuesday
following the first Monday in September in an election year
and ending on the Friday in October that precedes polling
day by seventeen days, he,

[a) is a resident in such municipality;

(6) is a Canadian citizen or other British subject; and

(f) has attained the age of eighteen years or on or before
polling day will attain the age of eighteen years.
1974, c. 32, s. 5, part, amended.

13. A person is entitled to be an elector in a municipality
if he is not disqualified under this or any other Act or other-
wise prohibited by law from voting in the election and is not
resident in such municipality at any time during the period
commencing on the Tuesday following the first Monday in
September in an election year and ending on the Friday in
October that precedes polling day by seventeen days, but
at any time during such period, he,

(a) is the owner or tenant of land in the municipality
or the spouse of such an owner or tenant ;

{b) is a Canadian citizen or other British subject ; and

(c) has attained the age of eighteen years or on or before
polling day will attain the age of eighteen years.
1974, c. 32, s. 5, part, amended.

14. No judge of any court is qualified to vote in ^-^y •^^^fj|^g5°*^
election. 1974, c. 32, s. 5, part. to vote

15. For the purpose of sections 12 and 13, a statutory EvJ^^n^e of
declaration by a person claiming that he is a Canadian citizen

or other British subject is prima facie proof of the fact
declared to. 1972, c. 95, s. 14.

QUALIFICATION OF ELECTORS TO VOTE ON MONEY BY-LAWS

1 6. Every person entitled to be an elector in a municipality ^^° "^^^
under section 12, 13 or 33 is entitled to be an elector to vote on money

a money by-law submitted for the assent of the electors of the
municipahty. 1972, c. 95, s. 15, part.

POLLING SUBDIVISIONS

17. Subject to section 18, the clerk shall divide the Pouing V
municipality into polling subdivisions and shall not later ^"

than the first day of April in an election year inform the
assessment commissioner of the boundaries of each sub-
division. 1972, c. 95, s. 17 (1); 1974, c. 32, s. 8, amended.

18. A polling subdivision shall not, so far as is practicable, ^^^^
(a) contain more than 350 electors; or

{b) extend beyond the boundaries of one ward or of an .

electoral district established for the purposes of the .'

election of members to the Assembly. 1972, c. 95,
s. 17 (2).

PREPARATION OF PRELIMINARY LIST OF ELECTORS

19. An assessment commissioner shall, during the period ,^^^'^f"'"^''y
commencing on the Tuesday following the first Monday in electors
September and ending on the 30th day of September in an
election year, from an enumeration taken during that period,
compile for each polling subdivision in each municipality and
locality in his assessment region a list containing the name

and address of each person who meets the requirements for
an elector under section 12 or 13 and such list shall signify
opposite the name of an elector,

(a) who does not reside in the municipality, that he
does not so reside ;

(6) who is enumerated as a Roman Catholic separate
school supporter, that he is a separate school
elector;

1974. c. 109

For polling
subdivision
where no
wardH

(c) who is a Roman Catholic and the spouse of a Roman
Catholic separate school supporter, that such spouse
is a separate school elector;

(d) who is enumerated as a separate school elector in
accordance with The Education Act, 1974, that he is
a separate school elector;

{e) who is an owner or tenant of land in the municipalitv.
that he is such an owner or tenant. 1972, c. 95,
s. 18; 1974, c. 32, s. 9, amended.

20. — (1) In a municipality or locality that is not divided
into wards, the name of an elector shall be entered on the
[preliminary list,

{a) for the polling subdivision in which the elector
resides ; or

(b) if the elector does not reside in the municipality
or locality, for the polling subdivision in which he or
his spouse is owner or tenant of land.

For one
polling
subdivision
only

(2) The name of an elector shall not be entered under this
section on the preliminary list for more than one polling sub-
division. 1972, c. 95. s. i9.

8ub<^vision ^^ ' — ^^^ ^" ^ municipality that is divided into wards, the
where wards name of an elector shall be entered in the preliminary list,

(a) where he resides in the municipality, for the polling
subdivision in which he resides; or

(6) where he does not reside in the municipality, for a
polling subdivision of a ward in which he or his
spouse is the owner or tenant of land.

pouinir (^) ^^^' ^^^^ of ^^ elector shall not be entered under this

subdivision section in the preliminary list for more than one polling
subdivision. 1972, c. 95, s. 20.

List

delivered
to clerk

onuuf*°" 23. Where it is apparent to the clerk or the secretary

manifest of the school board that the list or part thereof delivered to

errors in it . ^^^ . , . • i i

him under section 22 is not in conformity with the require-

merits for the polling subdivisions or that the list contains
gross or manifest errors, the clerk or the secretary, as the
case may be may, prior to the printing or reproduction of
the list required under section 24, correct the list or part
thereof and shall forthwith notify the assessment commissioner
of such corrections. 1974, c. 32, s. 10, amended.

PRELIMINARY LIST OF ELECTORS

24. Immediately after receipt of the list of electors ^/j?""^
delivered by the assessment commissioner under section 22,
the clerk or secretary of the school board referred to in the
said section 22, after making corrections, if any, under sec-
tion 23, shall,

{a) cause the list to be printed or reproduced and such
list shall be the preliminary list of electors ;

(6) fix the places at which and the times when revision
of the list will be undertaken, and, subject to sub-
section 2 of section 25, such revision shall com-
mence no later than fourteen days after dehvery of
the Hst to the clerk under section 22;

(c) post notice of the date of the posting of the list,
the last day for fihng applications for revision of
the list for the purpose of including names of electors
who have not been included or of making additions
or corrections to or deletions from the list, and the
places and times at which the revision of the Hst
will be undertaken in at least two conspicuous places
in the municipality, and where there is a newspaper
having general circulation in the municipality,
publish the notice in such newspaper. 1974, c. 32,
s. 11, amended.

REVISION OF PRELIMINARY LIST OF ELECTORS

25. — (1) Immediately after the printing or reproduction ^®j^^|*°°
of the preliminary list of electors, the clerk shall post one
copy of the list in a conspicuous place in his office and in at
least two other conspicuous public places in the municipality.
1972. c. 95, s. 23 (1); 1974, c. 32, s. 12 (1), amended.

(2) The day of posting copies of the preliminary list under po^^ng'^
subsection 1 and of giving notice under section 24 shall be
at least five days before the last day for filing applications
for revision. 1972. c. 95, s. 23(2); 1974, c. 32. s. 12(2),
amended.

L*atday (3) jhc last day for the filing of applications for revision

•ppiioationB of the preliminary list shall be the seventeenth day im-
ofpreiimin- mediately preceding polling day and such applications may
**'^"" be filed with the clerk during his normal office hours. 1974,

c. 32, s. 12 (3), amended.

affixed (^) ^^^ clerk shall affix to the outside or cover of each copy

to list of the preliminary list of electors for an election a notice in

prescribed form, over his name,

(6) setting forth the date on which the list was posted up
in the office of the clerk ;

(c) giving notice to all electors to examine the list for the
purposes of making additions or corrections to or
deletions from the list ; and

{d) stating the last day for filing applications concerning
such inclusions, additions, corrections or deletions.
1972, c. 95. s. 23 (3); 1974, c. 32, s. 12 (4).

o°/i8t^ ^^) ^^ ^^^ ^^^^ °^ posting a notice under subsection 1, the

clerk shall deliver or mail one copy of the preliminary list to,

(a) the assessment commissioner;

(b) every member of the council of the municipality and
every trustee of a police village all or part of which
is in the municipality ;

(c) the secretary of every local board the members of
which are required to be elected at an election to be
conducted by the clerk ;

(d) the clerk of the council of the county or of the district,
regional or metropolitan municipality in which the
municipality is situate ;

(e) the clerk of the municipality responsible for con-
ducting the elections in any combined area for school
board purposes;

(/) the member of the House of Commons and the
member of the Assembly representing the electoral
district in which the municipality or any part thereof
is situate.

(6) Every candidate for any office in an election is entitled enutied*^^^
to be furnished by the clerk with two copies of the preliminary to copies
list of electors entitled to vote in an election to such office.
1972,c. 95, s. 23(4,5).

26. — (1) The clerk or an assistant revising officer shall ^f®jY^|*°°
attend at the revision of the preliminary list and shall con-
tinue to do so from day to day or as required until all
applications filed on or before the last day for filing appli-
cations for revision of the list have been disposed of. 1974,
c. 32, s. 13, part, amended.

(2) Notwithstanding that the time for filing applications when^^^.^j^g
for revision of the preliminary list under section 25 has not maybe

1 . 1 1 1 I- considered

expired, the clerk may proceed to consider such applications
as from time to time may be received and may determine
and dispose of them. 1974, c. 32, s. 13, part.

27. — (1) A person whose name has not been included in the fcflnter^name
preliminary list for a polling subdivision in a municipality ^"list or

correct

or whose name has been included therein but the informa- information

tion. relating to him set out therein is incorrect or whose

name has been included therein as a non-resident and who

is qualified to be an elector in more than one ward in the

municipality may apply to the clerk or assistant revising

officer of the municipality on or before the last day for filing

applications for revision of the list to have his name included

on the list or to have such information corrected or to have

his name deleted from the list and to have it entered in the

list of another ward in which he or his spouse is the owner

or tenant of land.

(2) Every f)erson applying under this section shall sign and^*'^*'^*°°
an application in the prescribed form in which all the informa- declaration
tion shall be sufficiently filled in, either by the applicant
personally or by the clerk or assistant revising officer at the
applicant's request and shall declare that he understands
the effect of the statements in the application and that he
is an elector entitled to have his name included on the list
or to have the list corrected pursuant to his request before
the clerk or assistant revising officer enters his name on the
list or corrects the preliminary list, as the case may be.
1972. c. 95, s. 25(1, 2).

Application
filed peraon-
»lly orby
a^ent

Interpreter

(3) An application made under this section and duly
signed by the applicant may be filed by the applicant or by
his agent on his behalf. 1974, c. 32, s. 14.

Decision
to amend
list

Refusal to
amend list

Application
for deletion
of name

28. — (1) At any time after the posting of the preliminary
list of electors for a municipality and until the last day for
filing applications for revision thereof, any person may file
with the clerk an application, in the prescribed form, for
dcU'tion from the list of the name of a person who is not
entitled as an elector to have his name entered thereon.
1972, c. 95. s. 26 (1); 1974, c. 32. s. 15 (1).

Notice to
person
where name
objected to

Copy of
application
to be served

Notice to
applicant

Decision of
clerk, etc.

(2) The clerk, upon receipt of an application under this
section, shall forthwith cause to be served personally on or
sent by registered mail to the person concerning whom the
application is made at the address given in the preliminary
list and at such other address, if any, as may be mentioned
in the application, a notice of hearing requiring such
person to appear in person or by his representative on a day
and at a time to be fixed in the notice.

(3) A copy of the application shall accompany a notice
served or sent under subsection 2.

(4) The clerk shall notify the applicant of the time and
place of the hearing.

(5) On the day for the hearing fixed in a notice given
under this section, the person filing the appUcation shall

(6) Where a person concerning whom an application ^^|cted^to°"
has been made under this section or his representative does does not
not attend before the clerk or assistant revising officer on the

day of hearing fixed in the notice and the clerk or assistant
revising officer is satisfied that due notice of application
has been given to the person or that he could not be found
and the registered notice could not be delivered, the clerk
or assistant revising officer may delete the name of such
person from the preliminary list of electors but shall not
do so except upon evidence under oath which satisfies him
that the name should not have been included in the list.
1974, c. 32, s. 15 (2).

(7) Where for any reason the name of a person is deleted j^g®
from a preHminary list of electors, the clerk shall forthwith deleted from

^, , ,, 1 • 1 •, preliminary

cause to be served personally on or sent by registered mail fist
to that person at the address given in the preliminary list
a notice indicating the reasons for which the person's name
was deleted from the preliminary Hst and advising of the
voting procedures under sections 33 and 56. New.

29. Subject to section 33 or 56, the decision of the clerk or g®ai^'°°
assistant revising officer to enter on or delete the name of a
person as an elector from the preliminary list of electors is final

for the purposes of this Act. 1972, c. 95, s. 27.

30. Upon determination of all applications for revision of ff chang"^
the preliminary list of electors for a municipality tiled on or

before the last day for filing applications for revision
thereof, the clerk shall compile a statement of inclusions
in. additions and changes to and deletions from the list,
bearing the full name and address of each person who is
the subject of the inclusion, addition, change or deletion,
and shall send a certified copy of such statement to each
person specified in subsections 5 and 6 of section 25.
1974, c. 32, s. 16, amended.

POLLING LIST

31. After compilation of the statement of additions, p°"*"8^"»'
changes and deletions required under section 30, the clerk shall

Only

persons
in list
entitled
to vote

on list by"*'"^ 33. — (1) If a person whose name is omitted from a polling
D.R.o. list certified under section 31, at any time after preparation of

Idem

(2) Where the name of a person is omitted from the polling
list as finally revised and such person satisfies the clerk of the
municipality on oath that he was under section 12 or 13
otherwise entitled to be an elector and to be entered on the
preliminary list except that he was not a Canadian citizen
or other British subject, if such person produces for the
inspection of the clerk his certificate of naturalization or other
conclusive evidence that he has become a Canadian citizen
or other British subject, the clerk may issue a certificate
authorizing the proper deputy returning officer to enter the
name of such person on the polling list to entitle him to vote
as if his name had been entered thereon before the list was
revised. 1974, c. 32, s. 18 (1).

Certificate
to be
produced

(3) A person is not entitled to vote under this section unless
at the time he requests a ballot he produces and files with the
deputy returning officer the certificate given by the clerk under
subsection 1 or 2. 1972. c. 95, s. 31 (3); 1974. c. 32, s. 18 (2).

^^ssment ^^) "^^^ clcrk shall furnish a copy of each certificate issued
missioner uri^^r this section to the assessment commissioner before

the first Monday in December in an election year. 1974,

c. 32, s. 18 (3), pari, amended.

Entry on

poll!

list

(5) The deputy returning officer shall enter or cause to be
entered on the polling list maintained by the poll clerk

opposite the name and residence of the person voting under
the authority of a certificate issued under this section, the
words "Voted under section 33 certificate".

(6) The deputy returning officer shall enclose all certi- ^^ ^e ke^t^^
ficates to which this section applies in one envelope. 1974, in separate
c. 32, s. 18 (3), part, amended.

NOMINATIONS

34. Any person who is qualified to hold an office under the JJ^'J^i^at^ed^
Act constituting the office may be nominated as a candidate
for such office. 1972, c. 95, s. 32.

35. — (1) Nomination day for a regular election shall be Nomination
Monday, the twenty-first day before polling day. 1972,
c. 95, s. 33 (1).

with the clerk during his normal office hours in the week
immediately prior to nomination day. 1974, c. 32, s. 19 (2),
part, amended.

(3) The clerk shall, at least seven days prior to nomination ^f°^Yme
day, post in at least two conspicuous places in the munici- forming
pality notice of the date and times for filing nominations

and of the offices for which persons may be nominated as
candidates in the election, and, where there is a newspaper
having general circulation in the municipality, publish at
least seven days prior to nomination day the notice in such
newspaper. 1974, c. 32, s. 19 (2), part, amended.

36. — (1) A person may be nominated as a candidate for "o^jnated
an office by filing in the office of the clerk, on the days and
during the hours specified in subsection 2 of section 35, a
nomination paper in prescribed form which,

(a) shall be signed by at least ten electors whose names
are entered, or entitled to be entered under section
i^, in the polling lists of electors entitled to vote
in an election to such office;

(6) shall state the name and address of the person
nominated in such manner as will identify him and
the office for which he is nominated ; and

(f) shall state the name and address of each elector
signing the nomination paper and, where the office
for which the person is nominated is a member of a
school board, that such nominator is a public school
elector or a separate school elector, as the fact is.
1974, c. 32, s. 20 (1), amended.

d°ciaMitkuf ^^^ ^° nomination is valid unless there is filed with the
to be filed nomination paper a consent in writing to the nomination and

a declaration of qualification in the prescribed form by the

person nominated. 1972, c. 95, s. 34 (2).

Public
school
nominators

(3) A nomination paper nominating a person for an office
the holder of which is required to be elected by public school
electors shall be signed by public school electors only. 1972,
c. 95, s. 34 (3); 1974. c. 32, s. 20 (2).

BcSoof^ (4) A nomination paper nominating a person for an office

nominators the holder of which is required to be elected by separate school

electors shall be signed by separate school electors only.

1972, c. 95, s. 34 (4); 1974, c. 32, s. 20 (3).

Separate

nomination

papers

(6) After a nomination paper is filed with the clerk it shall

Clerk
to keep

nomination remain in the possession of the clerk.

paper ^

Onus on

person

nominated

(7) The onus is on the person nominated for election to an
office to file a bona fide nomination paper. 1972, c. 95,
s. 34 (6, 7).

by??e7k"°" 37.— (1) Where a nomination paper is filed in the office of a
clerk, the clerk or his assistant returning officer shall endorse
upon it the date and time of its filing. 1972, c. 95, s. 35 (1 ).

Sfcie?k*^ (2) Where a nomination paper is filed in the office of a

clerk prior to nomination day, the paper shall be examined

(3) When the nomination papers have been certified by Posting
the clerk he shall cause the name and address of each
candidate nominated and the office for which the candidate

is nominated to be posted up in his office or other con-
spicuous place open to inspection by the public. 1972,
c. 95, s. 35 (3), amended.

(4) Where a nomination paper is filed in the office of a Ajg^^oj,
clerk on nomination day, nomination

{a) the clerk shall accept the nomination paper and
cause the name of the person nominated to be posted
up in accordance with subsection 3 ;

(b) if, on examination of the nomination paper prior to
4 o'clock in the afternoon on the day following

nommation day, it appears to the clerk that the '^-

requisite number of nominators whose signatures
appear on the nomination paper are not electors
entitled to vote for the office, he shall reject the
nomination and give notice of the rejection im-
mediately by registered mail to the person nominated
and all candidates for that office, but if he is satisfied
that the nominators meet such requirements, he
shall so certify in writing. 1972, c. 95, s. 35 (4);
1974, c. 32, s. 21 (2), amended.

(5) Where the number of candidates for an office who are^,^^^® „,

* ' number of

nominated at the end of nomination day is not sufficient to candidates

_,,, , , . I'll Ti nominatea

(6) Certification by the clerk in accordance with subsection 2 bv'c/erif*^'""
or 4 with respect to a nomination paper shall be conclusive
evidence of the facts certified and shall not be open to
challenge thereafter. 1972, c. 95, s. 35 (5), amended.

(7) The clerk shall establish and maintain in his office a ^ist of

candidates
list setting out the name and residence of every candidate

whose nomination has been certified under this section for the

respective offices for which persons mav be nominated in the

order of certification and copies of this list shall he promin-
ently displayed in one or more locations and the list shall
be completed no later than 4 o'clock in the afternoon of the
day following nomination day provided that where the clerk
has received additional nominations under subsection 5, a
list showing the names of the additional candidates nominated
shall be completed and posted by the clerk no later than
4.00 o'clock in the afternoon of the Thursday following
nomination day. 1972, c. 95, s. 35 (6); 1974, c. 32. s. 21 (3),
amended.

DEATH OF A CANDIDATE

Ba^raon 3g^ If as a result of a candidate nominated for election to
candidate an office dying before the close of the poll for the election,

(a) a person would be elected by acclamation to such
office, the election to such office is void and a new
election shall be held to fill such office ; or

withdrawal
of nomina-
tion

Where
nominated
in more
than one
office

WITHDRAWAL OF NOMINATIONS

30. — (1) A person nominated as a candidate in an election
may withdraw his nomination by instrument in writing, verified
by his affidavit and delivered to the clerk before 5 o'clock
in the afternoon of the day following nomination day.

Acclamation

ACCLAMATIONS

(2) If more candidates are nominated for an office than the ^^^^
number to be elected but one or more candidates withdraws

his nomination so that the number remaining is no more than the
number required to be elected, the clerk shall forthwith
after 5 o'clock on the afternoon of the day following nomination
dav declare the remaining candidate or candidates to be duly
elected.

(3) If the number of candidates declared to be elected to an vacancy
office under subsection 1 or 2 is less than the number to be
elected to such office so that there is a vacancy, a new election

shall be held to fill the vacancy.

(4) Where in any election the total number of niembers of the ^J^frmn not
council of a municipality or of a local board, as the case may elected
be, declared elected under this section and those elected as a

result of the poll in the election is less than a quorum of the
council or of the local board, the council or local board in
office for the preceding year shall continue in office until a new
election under subsection 3 is held and the number of members
of the council or local board equals or exceeds the quorum.
1972, c. 95, s. 38. \

NOTICE OF POLL

41 . — (1) Where more candidates are nominated for election fg°y{j.ed
to an office than the number required to fill that office, the
clerk shall hold a poll to elect the holder of that office.
1972, c. 95, s. 39 (1).

(2) Notice of the time for the holding of the poll in an 0°"^®
election, including the advance poll, and notice of the last
day for making application to the clerk for a certificate to
vote by proxy, shall be given bv the clerk forthwith after it
has been determined that a poll is required, by posting the

notice in at least two conspicuous places in the municipality,

and, where there is a newspaper having general circulation

in the municipality, by publishing the notice in such

newspaper. 1972, c. 95, s. 39(2); 1974, c. 32, s. 22,

amended.

VOTING BY BALLOT

42. — (1) Where a poll is held in an election, the votes shall ^ybaUot
be given by ballot. 1972, c. 95. s. 40 (1); 1974, c. 32, s. 23 (1).

(2) In place of using ballot papers under this Act, the machines
council of a municipality may, by by-law passed on or before etc.
the 1st day of April in an election year, authorize the use at
elections of voting machines, voting recorders or other voting

Repeal
by-law

devices, and a copy of any such by-law shall be forwarded
by the clerk of the municipality to the Minister forthwith
after it is passed. 1974, c. 32, s. 23 (2), part, amended.

i°K (3) A by-law passed under subsection 2 or a predecessor

thereof shall remain in force until repealed by the council of
the municipality, but no such repealing by-law shall take
effect for the purposes of the election next following its
passage unless the repealing by-law is passed on or before
the 1st day of April in the year in which the election is held.
New.

MiniBter'8 ^4^ Where a municipality authorizes the use of voting

machines, voting recorders or other voting devices, the
Minister shall, by order, provide for procedures which may
be necessary to conduct the election by the use of such
machines, recorders or devices and the municipality shall
comply with the provisions of the order. 1974, c. 32, s. 23 (2),
part, amended.

Ballots

Nomination
of candidate
must be
certified

Order of
names

Where
addresses
to be shown

Nicknames
and titles

PREPARATION AND FORM OF BALLOT

43.— (1) A clerk who is required to hold a poll under
section 41 shall prepare and cause to be printed a sufficient
number of ballots in the prescribed form for use in the election.

(6) There shall appear on the ballot to the right of each fif^caung
candidate's name a circle or a circular space suitable for the vote
marking of the ballot. 1972, c. 95. s. 41 (5, 6).

(7) All ballots for election to the same office shall be ofBai^o'^^
the same description and as nearly ahke as possible, and office to
the names, and the addresses if given, of the candidates,

the circle or circular space, the instructions referred to in
subsection 8, and any lines on the ballot shall be in one
colour and the remainder of the face of the ballot shall be
another colour, but different colours may be used for ballots
to be used for election to different offices. 1974, c. 32, s. 25,
part, amended.

(8) A ballot shall contain instructions as to the number camiidates
of candidates for which an elector may vote and the name of and name

•^ ofornce

the office for which the election is being held. 1974, c. 32,
s. 25, part, amended.

(9) The ballot papers for voting to obtain the assent or the ®uestionl
opinion of electors on any by-law or question shall be in the
prescribed form. 1972, c. 95, s. 41 (9).

44. — (1) For an election in a municipahty in which the municipality
members of council are elected by wards, there shall be pre-
pared one set of ballots for all the polling subdivisions con-
taining the names of the candidates for the office of mayor,
another set for all the polling subdivisions containing the
names of the candidates for the office of reeve, or reeve and
deputy reeve, and another set for each ward containing the
names of the candidates for the office of alderman or councillor
for the ward.

(2) For an election in a city or town in which the members of yo^^f*^
council are elected by general vote, there shall be prepared for city or town
all the polling subdivisions one set of ballots containing the

(3) For an election in a township that constitutes a borough Metro***'"
within The Municipality of Metropolitan Toronto, one set of Toronto
ballots shall be prepared for all the polling subdivisions con-
taining the names of the candidates for the office of mayor,
another set of ballots for all the polling subdivisions containing

the names of the candidates for the office of controller and
another set for each ward containing the names of the
candidates for the office of alderman.

village or
township

By-law
providing
for separate
sets

(5) The council of a town may by by-law provide that the
ballots for an election to the offices of mayor, reeve and
deputy reeve shall be prepared in separate sets and, the council
of a village or township may, by by-law provide that the
ballots for an election to the offices of reeve, deputy reeve
and councillor shall be in separate sets. 1972, c. 95, s. 42 (1-5).

when^tobe (6) A by-law for the purposes mentioned in subsection 5

shall be passed not later in the election year than the 1st
day of October and remains in force until repealed, and
while in force the prescribed ballots shall be prepared
accordingly. 1972, c. 95, s. 42 (6), amended.

Separate sets (7) Jherc shall also be separate sets of ballots,

controller,

by-laws. etc. (a) containing the names of the Candidates for the officeof,

(i) controller,

(ii) member of a local board,

(iii) trustee of a police village,

(iv) member of the council of a regional munici-
pality, or

(v) member of the council of both an area muni-
cipality and a regional municipality;

{b) for obtaining the assent of the electors on any by-law
or the opinion of the electors on any question re-
quired or authorized to be submitted to them at an
election. 1972. c. 95, s. 42 (7) ; 1974, c. 32, s. 26.

onebyStw. (^^ Where more than one by-law or question is to be sub-

^^- mitted to the electors at one election, all of such by-laws or

questions may be placed on one ballot paper. 1972, c. 95,

s. 42 (8).

Composite
ballots

(2) A composite ballot may contain, contents

{h) any by-law or question authorized or required by
law to be submitted to the electors for their assent
or opinion.

Not to be

(3) No elector shall be given a composite ballot contammg given to

, r ,. , r /v . ■ • i- elector not

the names of candidates for an office or contammg a question entitled to
or by-law for which he is not entitled to vote. office on

ballot

(4) A by-law passed under this section remains in force from ^^'Jl'un"}!
year to year until repealed. 1972, c. 95, s. 43 (2-4). repealed

POLLING PLACES

46.— (1) Subject to section 47, the clerk shall provide for Ji°c^°^
each election at least one polling place for each polhng sub-
division in a place that is most central or most convenient
for the electors and is furnished with light and heat and such
other accommodation and furniture as may be required, but the
polling place may be provided outside the limits of the polling
subdivision.

(2) Every polling place for an election in a municipality ^^^"^
shall be situate in the municipality, except that where a
polling subdivision in a township adjoins an urban munici-
pality, the polling place for the polling subdivision may be
within the limits of the urban municipality. 1972, c. 95,

s. 44(1, 2).

(3) Every polling place shall be furnished with com- ^° ^ts*'^^
partments in which electors may mark their ballots without
other persons being able to see how they are marked and it

is the duty of the clerk and the deputy returning officer
respectively to ensure that a sufficient number of com-
partments is provided at each polling place. 1972, c. 95,
s. 44 (3), amended.

(4) The clerk may unite two or more adjoining polling ^Jbd^viBions
subdivisions and provide one polling place for the united
subdivisions. 1972, c. 95, s. 44 (4).

(5) The clerk may provide such additional polling places piacej°"*^
in any polling subdivisions as are required having regard to

DMUmatlon
of places

(6) Where there are two or more polling places in a pjolling
subdivision, each polling place shall be designated by the
numbers of the lots and concessions or the numbers and names
of the streets at which the electors reside or that designate
the prop>erties in respect of which the electors are qualified
to vote therein, or by the initial letters of the surnames of
the electors who are qualified to vote therein, that is to say,
A to M and N to Z, or as the case may be, and an elector is entitled
to vote at the appropriate polling place designated accordingly.

Notice of
location of
polling
place

Polling 47, — (1) Where in a municipality there is situate a hospital

institutions or other institution for the reception, treatment or vocational
training of persons who have served or are serving in the
Canadian Forces or the armed forces of any member of the
Commonwealth, or who are blind or deaf, a Workmen's
Compensation hospital or a home for the aged, a polling place
shall be provided in such institution or upon the premises,
and may be provided in a nursing home or other institution
of twenty beds or more in which chronically ill or infirm
persons reside, and for the purpose of polling, the institution
shall be deemed to be a polling place, and every person
resident in the institution who is entered in the polling list
is entitled to vote at such polling place only. 1974, c. 32,
s. 28 (1).

Attendance
upon patients
to take
vote

SUPPLIES AND EQUIPMENT FOR POLLING PLACES

Supplies f
polling pi

for
ace

48. — (1) The clerk shall, before polling day, cause to be
delivered to every deputy returning officer in his municipality,

{a) a ballot box for his polling place ;

(b) a sufficient number of ballots to supply the electors in
the polling list of his polling place ;

{d) two copies of the polling list for the polling place ;

(e) all materials necessary for electors to mark their
ballots; and

(/) such other materials as are prescribed. 1972, c. 95,
s. 46 (1), amended.

(2) A ballot box shall be made of durable material, provided Ballot box
with lock and key, and so constructed that the ballots can

be deposited therein and cannot be withdrawn without un-
locking the box.

(3) When delivering the ballots for a polling place to a deputy ^irtify"
returning officer the clerk shall certify the number of ballots number of

1 .- 1 1 • ■ 111 ballots

SO delivered and upon receiving them the deputy returning
officer shall make a count of the ballots and forward the
prescribed receipt therefor to the clerk, and shall keep the
certificate for return to the clerk with the other documents
required to be returned to him under section 78.

(4) Every deputy returning officer before opening the poll, °JbT**°"^
or immediately after he has received the printed directions placarded
from the clerk if they were not received before opening the

px)ll, shall cause them to be placarded outside the polling
place and in every compartment of the polling place, and shall
see that they remain so placarded until the close of the polling.
1972, c. 95, s. 46 (2-4).

WHERE AND HOW OFTEN ELECTORS MAY VOTE

49. — (1) An elector whose name appears in the polling list ^f^J^teJ
for a polling subdivision or who presents a certificate to vote that

* " ' may be

there under section '33, 50 or 56, is entitled to vote in an given by
election in such subdivision in accordance with the following
rules:

1. He is entitled to vote once only for one candidate
for mayor, reeve or deputy reeve.

2. He is entitled to vote for as many candidates for
controller as there are controllers to be elected but
once only for each candidate.

4. Where the aldermen, councillors, trustees or members
of local boards are elected by wards, he is entitled to
vote,

i. if resident in the municipality, in the polling
subdivision in which he resides ; or

ii. if not resident in the municipality, in the
polling subdivision in which his name appears
on the polling list,

for as many candidates for such offices as there are
candidates to be elected for the ward but once only
for each candidate.

•

tohlav/*'** (2) Where, by reason of the hours of his employment, an

conaecutive employee who is a qualified elector will not have three
vo^g'*"^ consecutive hours to vote while the polls are open on a

polling day at an election, his employer shall, at the con-
venience of the employer, allow the employee such time for
voting as is necessary to provide the three consecutive hours.

50. — (1) Subject to subsection 2, at the request of a person nlR^o^and
whose name is entered on the polling list for a polling place poiicierk.
in a municipality who has been appointed a deputy returning employed
officer, poll clerk, election assistant or constable at another
polling place, the clerk of the municipality shall give him a
certificate that he is entitled to vote at the polling place at
which he is stationed during the polling day.

(2) No certificate shall be issued under this section entitling ^Snicipaiity
an elector in a municipality that is divided into wards to vote divided into
at a polling subdivision in a ward different from the ward in

which the polling place at which the elector is otherwise
entitled to vote is situate.

(3) The clerk shall not give a certificate under this section ^rtmcate
until he has ascertained by reference to the polling list or to a may be
certificate under section 33 that the applicant is entitled to ^'^^"
vote, and after giving the certificate he shall forthwith give
notice in writing thereof to the deputy returning officer for the
polling place at which the applicant is by the polling list or
certificate under section 33 to be entitled to vote, and the
person to whom the certificate has been given is not thereafter
entitled to vote at such polling place.

(4) The certificate shall designate the polling place at which certificate
the person is to be permitted to vote.

(5) The clerk shall keep a list in which he shall enter before certificates
he delivers a certificate under this section,

(a) the name and residence of the person to whom he
gives the certificate ;

(6) the polling place at which the person is authorized
to vote under the certificate;

(d) whether the certificate is granted to such person
as deputy returning officer, poll clerk, election assist-
ant or constable; and

(e) if a certificate is refused, the name of the person
applying for the certificate with the grounds of
refusal,

and the list shall be open to inspection by any candidate
scrutineer or elector. 1972, c. 95, s. 48.

Certificate
entitles
person to
vote

51. — (1) A person who produces a certificate given to him
under section 50 is entitled to vote at the polling place desig-
nated therein, but the certificate does not entitle him to vote
there unless he has been actually engaged there as a deputy
returning officer, poll clerk, election assistant or constable
during polHng day. 1972, c. 95, s. 49 (1).

Entry on

polling

list

(2) The deputy returning officer shall enter or cause to be
entered on the polling hst maintained by the poll clerk
opposite the name and residence of the person voting under
the authority of a certificate, the words "Voted under Certi-
ficate". 1972, c. 95, s. 49 (2), amended.

Certificate
to bejriven
toD.R.O.

(v3) A person voting under the authority of a certificatr shall
deliver it to the deputy returning officer before receiving his
ballot.

uTe'nvefo*^ ^^) '^^^ deputy returning officer shall enclose all certificates
to which this section applies in one envelope. 1972, c. 95,

s. 49 (3, 4).

PROCEDURE AT POLL

Hours poll
to be
open

52. Every polling place shall be open for the purpose of
taking the poll at every election from 11 o'clock in the fore-
noon until 8 o'clock in the afternoon of polling day. 1972,
c. 95, s. 50.

DiRo to *^* — ^^) ^ deputy returning officer shall attend at the

attend poll polling place for which he was appointed at least fifteen

minutes before the hour fixed for opening the poll.

batiotolSifore (2) During the period of fifteen minutes before the opening

opening of ^f the poll, the scrutineers who are entitled to be present in a

polling place during polling hours are entitled to inspect

the ballots and all other papers, forms and documents relating

to the poll. 1972, c. 95, s. 51.

Inspection,
sealing of
ballotbox

54. A deputy returning officer shall, immediately before
opening the poll at his polling place, show the ballot box to

such persons as are present in the polHng place, so that
they may see if it is empty, and he shall then lock the box
and place his seal upon it in such a manner as to prevent it being
opened without breaking the seal, and he shall keep the box
on a desk, counter or table or otherwise so that it is raised
above the floor in full view of all present, and shall keep the
box so locked and sealed until the box is required to be opened
for the purpose of counting the votes under section 71. 1972,
c. 95, s. 52.

55. — (1) Where a person enters the polling place and °'^*^^ °^
requests a ballot paper, the deputy returning officer shall tender of
proceed as follows:

2. The poll clerk shall indicate on his polling list
opposite the person's name the numerical order in
which the person was given his ballot paper.

candidate or scrutineer has objected, he may require
such person to take the prescribed oath.

Disqualiflca-
tion of
prisoners,
mentally ill,
etc.

Elector in
polling
place at
closing

(3) Every elector qualified to vote at a polling place who is
inside the polling place at the time fixed for closing the poll
is entitled to vote. 1972, c. 95, s. 53 (2, 3).

Entry of
name on

g oiling list
y D.R.O.

56. — (1) If a person representing himself to be an elector
applies to a deputy returning officer at a polling place for a
ballot and his name does not appear on the polling list or in a
certificate issued under section 33 or 50 as entitled to vote at
the polling place, he is entitled to have his name entered on
such polling list and to receive a ballot and to vote if he
takes a declaration in the prescribed form and otherwise
establishes his identity to the satisfaction of the deputy
returning officer.

Idem

(2) The deputy returning officer shall enter or cause to be
entered on the polling list and on the polling list maintained

by the poll clerk the name of the elector. 1972, c. 95, s. 54,

amended.

57. Where an elector entitled to vote at a polling place ^p^^^'
applies for, a ballot paper and it appears that another person person voted
has voted as such elector or that an entry has been made in the of elector,
polling list in error that such elector has polled his vote, if

such person takes an oath in the prescribed form and otherwise
establishes his identity to the satisfaction of the deputy
returning officer he is entitled to receive a ballot paper. 1972,
c. 95, s. 55 (1).

58. No inquiry shall be made of an elector who is required inquiry
to take the oath under section 55 or 57 except with respect to

the matters required to be stated in the oath or to ascertain
if he is the person intended to be designated in the polling
list. 1972, c. 95, s. 56 (2) ; 1974, c. 32, s. 30 (2).

59. Upon delivery to him of a ballot paper by a deputy ^^°^^^F®
returning officer, the person receiving it shall, ofbaiiot

{a) forthwith proceed into the compartment provided for
the purpose and shall then and there mark his ballot
paper with a cross or other mark with a pen or pencil
within the circle or circular space to the right of
the name of a candidate for whom he intends to vote ;

{b) then fold the ballot paper so as to conceal the names
of the candidates and the marks upon the face of it
and so as to expose the initials of the deputy
returning officer;

(c) then leave the compartment without delay, and
without showing the face of the ballot paper to
anyone, or so displaying it as to make known how
he has marked it ; and

[d) then deliver the ballot paper so folded to the deputy
returning officer. 1972, c. 95, s. 57.

60. — ( 1 ) Upon delivery of a ballot paper to him by an elector, D.R.o°on
the deputy returning officer, without unfolding the ballot b|^fo?^°^
paper, or in any way disclosing the names of the candidates or
the marks made by the elector, shall verify his own initials,
and at once deposit the ballot papx^r in the ballot box in the

presence of all persons entitled to be present and then present
in the polling place, and the elector shall forthwith leave the
polling place.

Person
deemed
to have
voted

Persoti not
to take
ballot

from polling
place

(2) A person whose ballot has been placed in the ballot box
by the deputy returning officer shall be deemed to have voted.
1972. c. 95. s. 58 (1, 2).

accidenuiiy (^) "^^ elector who has inadvertently dealt with his ballot in
spoiled such a manner that it cannot be conveniently used, upon

returning it to the deputy returning officer, is entitled to
obtain another ballot, and the deputy returning officer shall
immediately write the word "Cancelled" upon the first-
mentioned ballot and preserve it to be returned to the clerk.
1972, c. 95, s. 59 (2).

peraonln ^^' Subject to scction 63, while an elector is in a compart-

whTieYiecto"'^ meut for the purpose of marking his ballot paper, no other
marking person shall be allowed to enter the compartment or to be in a

position from which he can see how the elector marks his

ballot paper. 1972, c. 95, s. 60.

Elector
blind or
handicapped

63. — (1) On the application of any elector who is unable to
read or is bhnd or is handicapped by other physical cause
from voting in accordance with the other provisions of this
Act. the deputy returning officer shall require the elector
making the application to take an oath of his inability to
vote without assistance, and shall thereafter assist the elector
by marking his ballot in the manner directed by the elector
in the presence of the poll clerk and of no other person and
place the ballot in the ballot box. 1972, c. 95. s. 61 (1),
amended.

eiecto^^s'^'***^ (2) ^^^ deputy returning officer shall either deal with an
5?"?.'..». elector mentioned in subsection 1 in the manner provided

marked by , . 111

fwend therein or, at the request of any such elector who has taken

the prescribed oath and is accompanied by a friend, shall

permit the friend to accompany the elector into the voting
compartment and mark the elector's ballot for him.

(3) Any friend who is permitted to mark the ballot of anOa|h^of
elector under subsection 2 shall first be required to take the
prescribed oath that he will keep secret the manner in which

the elector voted.

(4) No person shall be allowed to act as the friend of more ^^j-^jI^^
than one elector at any polling place other than a polling only
place established under section 47. 1972, c. 95, s. 61 (2-4).

64. Where the deputy returning officer does not under- ^annoT^*^°
stand the language of the elector, an interpreter provided by understand
the elector may be sworn in the prescribed form to translate the
necessary oaths as well as any, lawful questions necessarily
put to the elector and his answers, but in the event of inability
to secure an interpreter, the elector shall be refused a ballot.
1972, c. 95, s. 62.

65. — (1) The returning officer, the assistant returning ]!)^^g^^*y
officer, the deputy returning officer, the poll clerk, the election polling
assistant, the constable or constables, any candidate or, in his
absence, his scrutineer, any scrutineer appointed by the
council in relation to any by-law or question, and no others
shall be permitted to remain in the polling place during the
time the f)oll is open or to be in the polling place at the counting
of the votes. 1972, c. 95. s. 63; 1974, c. 32, s. 31.

(2) No campaign material or literature of any nature what- ii°ertture*fn
soever of any candidate in the election shall be displayed polling place
within the polling place. New.

ADVANCE POLLS

66. — (1) The clerk shall hold an advance poll in accordance Advance
with this section on the Saturday nine days before polling
day for the purpose of receiving votes of electors who expect
to be unable to vote on p)olling day in the polling subdivisions
for which their names appear on the polling lists or who are
entitled to vote either under a certificate issued by the clerk
under section 33 or who become entitled to vote under
section 56. 1974, c. 32, s. 32 (1), paH.

(2) The council of a municipality may by by-law passed advance"*' ii
before nomination day provide for the holding by the clerk

of additional advance polls for the same purposes as provided
in subsection 1. 1974, c. 32, s. 32 (1), part.

When poll
to be
open

(3) The advance poll shall be open from 9 o'clock in the
forenoon until 8 o'clock in the afternoon on each day it is
held and polling shall be held so far as possible in the same
manner as polling at a regular election. 1972, c. 95, s. 64 (2);
1974, c. 32. s. 32 (2), amended.

Polling
places

List of

persons

voting

Duties of
clerk on
receiving
list

(6) Upon receiving the list mentioned in subsection 5, the
clerk shall,

{a) make an entry in the polling list to be supplied to
each deputy returning officer on polling day opposite
the name of each elector whose name appears in such
list and whose vote has been received at an advance
poll, showing that such elector has voted; or

Sealing
of box

(7) Forthwith after the close of the advance ix)ll on each day
it is held the deputy returning officer and any candidate or
scrutineer present who desires to do so shall affix his seal to the
ballot box in such a manner that it cannot be opened or any

(8) On the regular polling day for an election, after the bafiStToxes
close of polling, the deputy returning officer shall, in the foradvance
presence of such candidates for office at the election and
their scrutineers as are present at the hour fixed for the
closing of the poll, open the ballot boxes for the advance
poll, count the votes and perform all other duties required of
deputy returning officers by this Act. 1972, c. 95, s. 64 (8).

PROXY VOTING

67. — (1) Any person whose name is entered in the polling ^J^° ^^^
list for a polling subdivision or who has obtained a certificate proxy
under section 33 entitling him to vote and who is,

{a) a person other than one described in section 47 and
who is certified by a legally qualified medical prac-
titioner, by certificate filed with the clerk, to be
physically incapable of attending a polling place ;

{h) a person absent from his regular residence by reason
of attending an educational institution and who is
entered in the list for the polling subdivision in
which he normally resides and who expects by reason
of such absence to be unable to vote at the advance
poll or on polling day ; or

may vote by proxy in that polling subdivision. 1972, c. 95,
s. 65 (1); 1974, c. 32, s. 33 (1).

(2) Any person who is entitled to vote by proxy pursuant ^j.'J^o'"*^^®
to subsection 1 may appoint in writing in the prescribed form

as his voting proxy any other person who is eligible as an
elector in the municipality. 1972, c. 95, s. 65 (2), amended.

(3) A voting proxy may not act as a voting proxy for Sfpoxy once
more than one jx-rson voting by proxy except where the only

Termor (4) An appointment of a person as a voting proxy is not

valid unless it is made after nomination day and does not
remain in force after polling day. 1972, c. 95, s. 65 (4).

proxy

Application (5) A pcrson who has been appointed a voting proxy may
to vote by apply to the clerk not later than 5 o'clock in the afternoon
of polling day to receive a certificate to vote by proxy for
the polling subdivision in which the person appointing the
voting proxy is entitled to vote. 1972, c. 95, s. 65 (5),
amended.

When

ce III flea te

to be ffiven

Not more
than one
proxy

(7) Not more than one voting proxy may be appointed on
behalf of any person at any election.

Oath on
voting

Record of
voting proxy

Proxy may
vote In
own right

(10) A person who has been appointed as a voting proxy is
entitled to vote in his own right in the municipality not-
withstanding that he has voted as a voting proxy. 1972, c. 95,
s. 65 (10).

KEEPING OF peace: EMERGENCY SITUATIONS

68. A clerk or a deputy returning officer may require the ^(fnstawes°^
assistance of constables and other persons to aid him in main-
taining peace and order at the election and may swear in as
many constables as he considers necessary. 1972, c. 95, s. 66.

69. — (1) If any circumstances arise in the municipality, Jf^g^er^^enc
that, in the opinion of the clerk are of such a nature as to by clerk
prevent or delay the opening of any polling place or cause
the discontinuance of polHng at any polling place, the clerk
may declare an emergency situation to be in effect and such
emergency situation shall continue until the clerk otherwise
declares.

(2) Where an emergency situation is declared under sub- Arrange-

^ / o .7 mentsby

section 1, the clerk shall make such arrangements as he cierk
considers advisable for the conduct of the poll, the safe-
keeping of the ballot boxes and all election documents and
the counting of the votes.

(3) The arrangements made by the clerk under subsec- ^o°*uJ'g\°on
tion 2, in good faith, shall not be open to question, or be
quashed, set aside or declared invalid on account of their
unreasonableness or supposed unreasonableness. New.

COUNTING THE VOTES

70. Immediately after the close of the poll, the deputy DRo^°/ter
returning officer at each polling place shall, close of poii

(fl) place all the cancelled, declined and unused ballots
in separate sealed envelopes ;

{b) count the number of electors whose names appear
on the polling list maintained by the poll clerk to
have voted and make en entry at the end thereof: —
"The number of electors who voted at this election
in this polling place is (stating the number)" and
sign his name thereto. 1972, c. 95, s. 68, amended.

71. — (1) After compliance with section 70, the deputy coiyi ting or
returning officer shall, in the presence and in full view of the

Rejection of
ballots

(2) In counting the votes, the deputy returning officer shall
reject all ballots,

(a) that have not been supplied by him ;

(b) that contain the names of candidates for one office
only and in which votes have been cast for more
candidates than are to be elected to the office ;

{d) upon which there is any writing or mark by which
the elector can be identified, or that has been so torn,
defaced or otherwise dealt with by the elector that he
can thereby be identified,

but no word, letter, or mark written or made or omitted to be
written or made by the deputy returning officer on a ballot
voids it or warrants its rejection.

Idem

Composite
baUots

(4) Where in a composite ballot.

(a) votes are cast for more candidates for any office than
are to be elected to such office ; or

(6) votes are cast for both the affirmative and negative
on any by-law or question,

the votes for such candidates or with regard to the by-law or
question, as the case may bv, are void and shall be rejected
but. unless such ballot is rejected under subsection 2. the

votes for any other offices, by-law or question in respect of
which votes are correctly indicated shall be counted.

(5) Where part of the votes cast in any ballot are rejected ^vous^"^*^
under subsection 3 or 4, the deputy returning officer shall rejected
note such fact on the back of the ballot and initial the
note, and where all the votes on the ballot are rejected
under either or both of such subsections, the ballot shall be
treated as a rejected ballot. 1972, c. 95, s. 69.

72. — (1) A candidate or a scrutineer at a polling place may by^fandMate
object to a ballot or to the counting of votes in any ballot ®tc.
in whole or in part on the ground that the ballot or such
votes should be rejected under section 71 and the deputy
returning officer at the polling place shall decide the objection,
subject to review on a recount or in a proceeding questioning
the validity of the election.

(2) The deputy returning officer shall list all objections behstJd"^^°
under subsection 1 to the counting of ballots or of votes
therein and number such objections and shall place the
number of an objection on the back of the ballot objected to
and initial the number. 1972, c. 95, s. 70.

73. The deputy returning officer shall count all votes cast co,^ted*^
at his polling place that are not rejected and shall keep an
account of the number of votes so cast and allowed for

each candidate and with respect to each by-law or question.
1972, c. 95, s. 71.

74. Following count of the votes at his polling place, a bepi°c^e^°
deputy returning officer shall place in separate sealed packets, in separate

(a) all used ballots that have not been objected to and
have been counted in whole or in part ;

(h) all used ballots that have been objected to but which
have been counted in whole or in part ;

(d) all ballots used but unmarked. 1972. c. 95. s. 72.

75. The deputy returning officer shall endorse every indorse"
packet of ballots made up by him under clause a of section 70 packets
or section 74 so as to indicate its contents and any candidate

or scrutineer present may write his name on the packet.
1972, c. 95. s. 73.

Oath of
poll clerk

76. The poll clerk, immediately after the completion of the
counting of the votes, shall take and subscribe the prescribed
oath. 1972, c. 95, s. 74.

statement
ofD.R.O.

Statement
attached to
polling list

Statement
signed by
Dll.O.. etc.

Certificate
re ballots
counted and
rejected

What to be
placed in
ballot box

STATEMENT AND MATERIALS RETURNED TO CLERK

77. — (1) The deputy returning officer shall make out a
statement in duplicate of the number of,

(a) ballots received from the clerk ;

{b) votes given for each candidate ;

{d) used ballots that have not been objected to and have
been counted;

{e) ballots that have been objected to in whole or in part
but which have been counted ;

(/) rejected ballots ;

ig) cancelled ballots ;

{h) ballots used but unmarked;

{i) declined ballots ;

(j) unused ballots;

(k) electors whose ballots have been marked by the
deputy returning officer under sections 47 and 63.
1972, c. 95, s. 75 (1), amended.

(s3) The statement shall be signed by the deputy returning
officer and the poll clerk and such of the candidates or their
scrutineers as are present and desire to sign it.

(4) The deputy returning officer shall deliver to such of the
candidates or their scrutineers as are present, if requested to
do so, a certificate of the number of ballots counted for
each candidate, and of the rejected ballots. 1972, c. 95, s. 75

(3. 4).

78. — (1) The deputy returning officer shall place in the
ballot box, the polling lists, the packets containing the ballots
and all other documents or packets that served at the election,
except,

(a) the original statement;

(6) the oath of the poll clerk ;

{d) the copies of the declaration required to be furnished
to the clerk under subsection 3 of section 56. 1972,
c. 95, s. 76 (1); 1974, c. 32, s. 34, amended.

(2) The deputy returning officer shall then lock and seal ^clced^etc
the ballot box and forthwith deliver it and the documents
enumerated in subsection 1 personally to the clerk.

(3) Forthwith thereafter, the deputy returning officer shall q^^^^q"*^
take and subscribe the prescribed oath and shall personally
deliver it or transmit it by registered mail to the clerk.

(4) If the deputy returning officer is unable personally to ^ano^box^
deliver the ballot box and documents enumerated in sub- ^[^-j^^^^
section 1 owing to illness or other cause, he shall deliver them

to the poll clerk for delivery to the clerk, or, where the poll
clerk is unable to act, to some person chosen by the deputy
returning officer for the purpose of delivering them to the clerk,
who shall take the prescribed oath to do so and the deputy
returning officer shall thereon, or on a ticket attached thereto,
write the name of the person to whom the box was delivered
and shall take a receipt therefor, and the poll clerk or person so
chosen shall forthwith personally deliver them to the clerk and
shall take before him the prescribed oath.

(5) The candidates, or their scrutineers, are entitled to be ^*^5^°l

,, , ' ... candidate,

present when the ballot box and documents for a pollmg place etc., to be
are delivered to the clerk pursuant to this section. 1972, c. 95,
s. 76 (2-5).

(6) Subject to section 69, a deputy returning officer, after °ake^ox°to^°
the close of the poll, shall not under any circumstances take, home. etc.
or allow to be taken, the ballot box to his home, house,

office or place of business, or to any house or place except the
office of the clerk. 1972, c. 95, s. 76 (6), amended.

70. — (1) The clerk, after he has received the ballot boxes ^|f^^j_^°*****
and other documents referred to in section 78, shall, without
opening any of the ballot boxes, cast up from the original
statements showing the number of votes for each candidate
and for the affirmative or negative on any by-law or question
at each polling place the total number of votes for each
candidate and the total number of votes for the affirmative
or negative on any by-law or question. 1972, c. 95, s. 77 (1),
amended.

(2) After casting up the total number of votes cast at an o®re8uf"°"
election, the clerk shall, at the town hall or, if there is no

town hall, at the cle
following the day on
declare to be elected
the highest number o
vote w'ith respect to
also post up in some
his hand showing the
and for the affirmative

rk's office at noon on the Thursday

which the polling is held, publicly

the candidate or candidates having

f votes, and declare the result of the

any by-law or question and he shall

conspicuous place a statement under

number of votes for each candidate

or negative on the by-law or (juestion.

Delay In
addinfr up
voles

Safekeeping
of box and
documents

Opening of
box when
documents

Elaced in
ox in
error

Where D.R.O.
fails to
deliver
statement

(3) If for any cause, the clerk cannot, at the day and hour
appointed by him for adding up the votes, ascertain the
number of votes given for each candidate, or for the afhrmati\e
or negative on any by-law or question he may adjourn to a
future day and hour the adding up of the votes and so on
from time to time, such adjournment or adjournments not
in the aggregate to exceed fourteen days. 1972, c. 95, s. 77
(2. 3).

80. — (1) Except as provided in this section, the clerk, upon
the receipt of a ballot box, and the documents referred to in
section 78, shall take every precaution for their safekeeping and
for preventing any other person from having access to them,
and shall immediately on receipt of the ballot box seal it with
his own seal in such a way that it cannot be opened without
his seal being broken, and that anv other seals affixed to it
are not effaced or covered. 1972, c. 95, s. 78 (1).

(3) If a deputy returning officer has not delivered the state-
ment of the ballots counted by him to the clerk as required by
section 78, the clerk shall after notification to the candidates
or their scrutineers, who may be present, open the appro-
priate ballot box for the purpwDse of counting the votes and
shall count the votes. 1972, c. 95, s. 78 (3).

S)x*i™8t*"°*^ 81. If a ballot box for any polling place has been destroyed
etc. or lost, or, for any other reason, is not forthcoming by the

82. — (1) If, upon the casting up of the votes, two or more ^^^^lll^
candidates- have an equal number of votes where both or all of
such candidates cannot be elected, or the votes for the
affirmative and negative on a by-law or question arc equal,
the clerk shall publicly declare the result and post up in a
conspicuous place a statement showing the number of votes
for each candidate and for and against the by-law or question
and shall forthwith notify a judge of the result and the
judge shall thereupon appoint a time and place to recount the
votes cast up for such candidates or concerning such by-law or
question.

(2) In such proceedings, sections 83 to 90 apply mutatis o^^^^^^^^
mutandis. 1972, c. 95, s. 80.

RECOUNT

83. — (1) In this section and in sections 84 to 86, "judge" [atfr'
means the judge of the county or district court in which the
municipality or part thereof or the administrative or head
office of the local board is situate. 1972, c. 95, s. 81 (1).

(2) If, within fourteen days after the declaration by a clerk )!^count
of the result of an election, upon an application of an elector <iesirabie
it is made to appear by affidavit to a judge that the votes
have been improperly counted or any ballot paper has been
improperly rejected or that an incorrect statement of the
number of votes cast for any candidate or for the affirmative
or negative on any by-law or question has been made or that
the votes have been improperly added up, and if within that
time the applicant has given security for the costs in connec-
tion with the recount or final addition of any candidate
declared elected in the amount of $100 in legal tender, or if at
any time within four weeks after such declaration the council
of a municipality or a school board has by resolution declared
that a recount or final addition is desirable in the public
interest, the judge shall appoint a date and time and place
to recount or make a final addition of the votes cast at the
election, and shall notify in writing the clerk who made the
declaration at least ten days prior to the date set for the
recount or final addition. 1972, c. 95, s. 81 (2); 1974, c. 32,
s. 35, amended.

Notice of
recount

^rmevit^^ (4) The judgc, the clerk, a person appointed by the clerk,
each candidate and his scrutineer appointed to attend the
recount or final addition, and such other persons as the council
may appoint where the recount or final addition relates to a
by-law or question, but no other person, except with the
approval of the judge, is entitled to be present at the recount.
1972, c. 95, s. 81 (4).

invow^d"in*^* (^) Where a recount relates to the election of a candidate,
recount the Tccount shall be of the votes cast respectively for the
candidate declared elected when one only is to be elected or
in other cases for 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 votes cast for him to be recounted or the votes cast for
him to be finally added. 1972, c. 95, s. 81 (5), amended.

orde^r%e«)unt ^^^ Notwithstanding subsection 5, the judge conducting
etc.. of votes the recount may order the recount of the votes cast for any

cast for other , tii,- -i , «-

candidates Other candidate whose election or right to any other office
may be affected in any way by the recount conducted under
subsection 5. New.

by*judge™ ^^ At the date, time and place appointed, and in the presence

govern° (8) Subject to subsection 9, the judge shall proceed according

proceedings to the provisions of this Act for the counting of the ballots

and of the vote at the close of the poll by a deputy returning

officer, and shall verify and correct the statement of the poll.

(9) If for any reason it appears desirable to do so the judge Judge may
upon the apphcation of any party to a recount, may hear such evidence

*., 'f ., '^ ^ e ^\ c 1- necessary for

evidence as he considers necessary tor the purpose oi making a proper
full and proper recount of the ballots, and, without restricting ^®'^°"'^
the generality of the foregoing, he may, if the recount results
in any of the candidates for any office being declared to have
received the same number of votes as any other candidate or
candidates who were parties to the recount, hear such evidence
as he considers necessary to determine who was elected
to that office. 1972, c. 95, s. 81 (7, 8).

(10) Upon the completion of a recount, or final addition, ^^^^^'^^^.j^
the judge shall forthwith notify in writing the result of the of result of

. •' 111 recount or

(11) The judge may require the clerk of the county or'^^^^^°^
district court to be present at the time and place appointed.
1972, c. 95. s. 81 (10).

84. If no notice of appeal is given to the judge within two cierVtc?^*^'
days after the completion of a recount or his final addition, declare
the judge shall certify forthwith the result to the clerk who
shall then declare the candidate having the greatest number
of votes to be elected or certify to the council the result of
the vote with respect to a by-law or question. 1972, c. 95,
s. 82 (2).

85. — (1) In the case of an equality of votes for candidates ^^^^^"^y °^
for any office for which one person only is to be elected, or
for which the holding of any other office is to be determined
as a result of a recount or final addition, the successful
candidate shall be determined by lot conducted by the clerk.
1972, c. 95, s. 83, amended.

(2) For the purposes of this section, "lot" means the ^^'^"^^f^^
method of determining the successful candidate by placing lot
the names of the candidates on equal size pieces of paper
placed in a box and one name being drawn by a person
chosen by the clerk. New.

86. — (1) The costs of a recount under section 83 are in the costs of

. , , . recount

discretion of the judge making the recount who may order by
whom, to whom and in what manner the costs shall be paid.
1972, c. 95, s. 84 (1).

(2) The judge may in his discretion award costs of a recount ^^^^^*
or final addition to or against any person who is a party

Where no
provision aa
to costs

(3) Where the judge makes no provision as to the costs of a
recount or final addition, the disbursements made or authorized
to be made by the clerk shall be paid by the municipality
except where the recount or final addition has been held at
the instance of a school board, in which case the disburse-
ments made by the clerk shall be paid by the board. 1972,
c. 95. s. 84 (3); 1974, c. 32, s. 36 (1).

deposft"'^^' (4) Where costs are directed to be paid by the applicant for

a recount or final addition, the money deposited as security
for costs under section 83 shall be paid out to the party
entitled to such costs, so far as necessary.

Enforcement
of payment
of costs

Expenses of
Judge

Where no
appeal,
packets to
be returned
to clerk

Documents
not required
on appeal

APPEAL FROM DECISION ON RECOUNT OR FINAL ADDITION

dJ'cuSn™'" ^®* — (^) Any party may appeal from the decision of the
judge judge who conducted a recount or final addition other than a

(2) The notice may be served upon the other parties per- ^Q^J^^g®"^
sonally, or as a judge of the Supreme Court may direct. 1972,

c. 95, s. 86 (1, 2).

(3) Where the appeal is limited, the judge who conducted fo^be^foi-^*^'^'
the recount or final addition shall forward the sealed packets warded to

^ Registrar

of the ballots or statements that are the subject of appeal, of Supreme
together with the notice and a certificate showing his findings
as to the ballots in dispute, by registered mail to the Registrar
of the Supreme Court, but, if the appeal is not limited the
judge shall forward all the ballots and other papers to the
Registrar, and in either case he shall await the result of the
appeal before sending his certificate under section 83 to the
clerk. 1972, c. 95, s. 86 (3), amended.

(4) On receipt of the ballots and notice, the Registrar shall f^^^l^'^^l^^
forthwith obtain an appointment from a judge of the Supreme

Court for hearing the appeal and shall notify the parties or
their solicitors of the time so appointed.

(5) At the time appointed, the judge of the Supreme Court fppe|f"'"®°°
shall recount the ballots or such of them as are the subject of

(6) The judge of the Supreme Court may direct by and to appelf*^
whom, the costs of the appeal shall be paid.

(7) Where the judge of the Supreme Court makes no provision ^^^"^
as to costs, the disbursements made or authorized to be made

by the clerk, shall be paid by the municipality. 1972, c. 95,
s. 86 (4-7).

DISPOSITION OF ELECTION RECORDS

89. — (1) The clerk shall retain in his possession for ninety o/baTSts""
days from the date of the poll for an election all the ballots in the
election and, unless otherwise directed by an order of a judge
or officer having jurisdiction to inquire as to the validity of

DiapoBltlon
of other
documents

Inspection
of bkUots

Order of
Judge

Production
of documents
by clerk

90. — (1) No person shall be allowed to inspect the contents
of a ballot box in the custody of the clerk except under the
Order of a judge. 1974, c. 32, s. 37.

New
election

NEW ELPZCTIONS

(a) a directive is given in any judicial proceedings;

(6) the council of the municipality passes a by-law; or

that such an election is required. 1972, c. 95, s. 90 (1),
amended.

(2) The procedure including the period for fihng nominations Procedure
at a new election shall be the procedure and period applicable

at a regular election of the municipality and polling day shall
be not less than eighteen and not more than twenty-one
days after nomination day.

(3) The polling required to fill a vacancy in an office by this Polling
section shall so far as possible be held in the same manner and

by the same officers and take place at the same places, in so far
as practicable, at which the polling took place at the last
regular election. 1972, c. 95. s. 90 (2, 3).

(4) Unless a new preliminary list of electors has been ^/gctors
furnished by the assessment commissioner under subsection

2. Where a new election is required under section 111,
the period during which a person may qualify as
an elector for the office to be elected shall be the
pehod of qualification specified under section 12 or
13 and the period following such qualification period
terminating on the date of the receipt by the clerk
of the municipality of the copy of the judgment
under subsection 6 of section 111.

3. Where a vacancy otherwise occurs and the council
of the municipality or a school board for which the
clerk is required to hold elections requires an elec-
tion to be held to fill the vacancy, the period during
which a person may qualify as an elector for the
office to be elected shall be the period of quali-
fication sf)ecified under section 12 or 13 and the
period following such qualification period terminat-
ing on the date of the directive, by-law or notice
specified in clause a, b or c of subsection 1.

R.8.0. 1970,
C.284

4. Where a by-law or question is to be submitted to
the electors, the period during which a person may
qualify as an elector entitled to vote on the by-law
or question, as the case may be, shall be the period
of qualification specified under section 12 or 13 and
the f>eriod following such qualification period ter-
minating on the date of the order of the Ontario
Municipal Board given under section 262 of The
Municipal Act. 1974, c. 32, s. 38 (1), amended.

Idem

R.S.0. 1970.
C.32

Certification
of list

(6) The preliminary list for a new election, when revised,
shall be subject to certification by the clerk under section 31
and to entry of names in the list under sections 33 and 56.
1974, c. 32, s. 38 {2), part.

Eligibility
of member
to be

candidate
for other
ofnce

Vacancy
after

March Slst
of election
year

Revision of
partial list

93. Notwithstanding that a new election becomes necessary, m°eetnot^*^
meetings of the council may be held if a quorum of the withstanding

o J n. vacancy

council is present. 1972, c. 95, s. 91.

EFFECT OF IRREGULARITIES

94. No election shall be declared invalid, SoTtoSfSt^^

result

(a) by reason of any irregularity on the part of the clerk
or in any of the proceedings preliminary to the poll;

{b) by reason of a failure to hold a poll at any place
appointed for holding a poll ;

(c) by reason of non-compliance with the provisions of
this Act as to the taking of the poll, as to the counting
of the votes or as to limitations of time ; or

(d) by reason of any mistake in the use of the prescribed
forms,

SECRECY OF PROCEEDINGS

proceedings

95. — (1) Every person in attelidance at a polling place or nroceedinL
at the counting of the votes shall maintain and aid in main-
taining the secrecy of the voting.

(2) No person shall interfere or attempt to interfere with an interference
elector when marking his ballot paper, or obtain or attempt elector

to obtain at the polling place information as to how an elector
is about to vote or has voted.

(3) No person shall communicate any information obtained tion as^to^*
at a polling place as to how an elector at such polling place voting

is about to vote or has voted.

(4) No person shall, directly or indirectly, induce or attempt J^J^^i°fo
to induce an elector to show his ballot paper after he has show ballot
marked it so as to make known to any person how he has voted.

(5) Subject to section 63, an elector shall not show his ^o°Bhow°'
ballot paf)er, when marked, to any person so as to make known baiiot
how he voted.

No one com- (5) No Dcrson who has voted at an election shall, in any

pellable to ^ ' « -ii,- i -j

diBciose legal proceeding to question the election or return, be required

to state how or for whom he has voted. 1972, c. 95, s. 93.

his vote

VotinB when
nolQualifled.
etc.

OFFENCES, PENALTIES AND ENFORCEMENT

96. Every person who, at an election,

(a) not being qualified to vote, votes;

{h) being qualified to vote, votes more times than he is
authorized to vote by this Act ; or

is guilty of a corrupt practice and is liable to a fine of not more
than $1,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 94.

Improper
votinR by
proxy

07. Every person who,

(a) having appointed a voting proxy to vote at an election,
attempts to vote at the election otherwise than by
means of such voting proxy while the voting proxy
is in force ; or

Wilful
miscount
of ballots

is guilty of a corrupt practice and is liable to a fine of not
more than $ 1 ,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 95.

08. Every deputy returning officer or poll clerk who wilfully
miscounts the ballots or otherwise wilfully makes up a false
statement of the poll is guilty of a corrupt practice and is
liable to a fine of not more than $1,000, or to imprisonment for
a term of not more than six months, or to both. 1972, c. 95,
s. 96.

Neglect of
duties

00. Every clerk, deputy returning officer or poll clerk who
refuses or neglects to perform any of the duties imposed upon
him by this Act is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000. 1972,
c. 95, s. 97.

100. Every person who, l4iS|to

ballot
papers

(a) without authority, suppHes a ballot to any person ;

{b) places in a ballot box a paper other than the ballot
that he is authorized by law to place therein ;

be
the

(c) delivers to the deputy returning officer to
placed in the ballot box any other paper than the
ballot given to him by the deputy returning officer;

[d) takes a ballot out of the polling place ;

{e) without authority, takes, opens or otherwise inter-
feres with a ballot box or books or packet of ballots
or a ballot in use or used for the purpose of an
election ;

if) being a deputy returning officer, knowingly puts his
initials on the back of any paper that is not a ballot,
purports to be or is capable of being used as a ballot
at an election ; or

(g) attempts to commit any offence mentioned in this
section,

is guilty of a corrupt practice and is liable to a fine of not more
than $1,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 98.

101. Every person who knowingly furnishes false or mis- [Jj^Jfrmation
leading information to any person who by this Act is authorized pereons°'^^^^*^
to obtain information is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000, or to
imprisonment for a term of not more than six months, or to both.

1972. c. 95, s. 99.

102. Every person who, ffiS^un-

qualified

(a) induces or procures any person to vote knowing that §?^pubushes^^
that person has no right to vote ; or mL^nt^ofwTth-

drawal of

(b) before or during an election knowingly publishes a
false statement of the withdrawal of a candidate,

is guilty of a corrupt practice and is liable to a fine of not
more than $ 1 ,000, or to imprisonment for a term of not more than
six months, or to both. 1972, c. 95, s. 100.

103.— (1) Every person who, Bribery:

bribing

(«) directly or indirectly, himself or by any other person on ®J.®^'jf/t °J
his behalf, gives, lends or agrees to give or lend, or Bribery by

by gift or
offer or
promise of
employment

(b) directly or indirectly, himself or by any other person on
his behalf, gives or procures or agrees to give or pro-
cure, or offers or promises any office, place or
employment, or promises to procure or to endeavour to
procure any office, place or employment to or for any
elector, or to or for any other person in order to
induce any elector to vote or refrain from voting,
or corruptly does any such act on account of any
elector having voted or refrained from voting at an
election ; or

to induce
anyone to
procure
return of
candidate
or endeavour
to procure

receiving
bribe to
procure
return of
candidate

advancing
money to
be spent
in corrupt
practices

applying
for money
or employ-
ment In
considera-
tion of
voting

gift or loan of any money or valuable consideration,
or for any office, place or employment, or the
promise of any office, place or employment ; or

{g) before or during an election, directly or indirectly, [^oney^°^
himself or bv any other person on his behalf, receives, ^^^^^y^^'
agrees or contracts for any money, gift, loan or voted
valuable consideration, office, place or employment,
for himself or any other person, for voting or
agreeing to vote, or for refraining or agreeing to
refrain from voting at an election ; or

(h) after an election, directly or indirectly, himself or by ^oney^'^^
any other person on his behalf, receives any money or corruptly
valuable consideration for having voted or refrained election
from voting, or for having induced any other person to
vote or refrain from voting at an election ; or

(i) in order to induce a person to allow himself to be ^i7*°??i

^ ' r promising

nominated as a candidate, or to refrain from becoming office to
a candidate, or to withdraw if he has become a to stand or

witlidr3.w

candidate, gives or procures any office, place or
employment, or agrees to give or procure or offers or
promises to procure, or endeavours to procure any
office, place or employment for such person, or for any
other person,

(2) The actual personal expenses of a candidate, his p®''!^^^^ ^^
reasonable expenses for actual professional services performed, candidate
and bona fide payments for the fair cost of printing and
advertising and other lawful and reasonable expenses in
connection with the election, incurred by the candidate in good

faith and without any corrupt intent, shall be deemed to be
exf>enses lawfully incurred, and the payment thereof is not a
contravention of this Act.

(3) The clerk shall furnish every deputy returning officer ^°o^y|°j|°g
with at least two copies of this section, and the deputy as to corrupt

1 ti 1 • 1 1 practices

returnmg officer shall post them m conspicuous places at the
polling place. 1972, c. 95, s. 101.

104. Every person who contravenes any of the provisions o^ence'
of this Act, for which contravention no penalty is otherwise
provided, is guilty of an offence and on summary conviction is
liable to a fine of not more than $1,000. 1972, c. 95, s. 102.

Dlsqmtllfl-

oatlonof

persona

ffullty of

corrupt

practice

105. — (1) Where a candidate at an election is convicted of
bribery or of committing a corrupt practice, he is ineligible
to be nominated and stand as a candidate at any election up
to and including the next regular election, or to hold any office
at the nomination of a municipal council or local board for four
years following the date of the poll.

Limitation

CORRUPT PRACTICES AND CONTROVERTED ELECTIONS

Validity of
election,
etc..

determined
by action

Penalties
for corrupt
practice

Who may

commence

action

Time for

commencing

action

Mode of
trial

(3) Any elector entitled to vote at an election referred to
in subsection 1 may commence an action under this section in
relation to such election. 1972, c. 95, s. 104 (3), amended.

(4) No action shall be commenced after the expiration of
ninety days following the date of the poll at the election
referred to in subsection 1. 1972, c. 95, s. 104 (4).

Idem

Judge

without

jury

(2) Subject to subsection 1 and where not otherwise provided
in this Act, the practice and procedure of the county or district
court apply to an action commenced under section 106.

(3) The action shall be tried by a judge without a jury.
1972, c. 95, s. 105.

108. — (1) At the time of the commencement of an action, fo^jPcogts
security shall be given on behalf of the plaintiff to be applied
towards payment of all costs, charges and expenses, if any,
that may become payable by the plaintiff, including the costs
and charges of the clerk incurred in the publication of notices
in the municipality in respect of the writ of the action or
proceedings therein.

(2) The security shall be in the amount of $400 and shall be i^^em
given in accordance with the practice in cases where a plaintiff
resides out of Ontario. 1972, c. 95, s. 106.

109. — (1) An action abates on the death of a sole plaintiff J/'|c'ti?n''*
or the survivor of several plaintiffs.

(2) The abatement of an action does not affect any liability ['J^costs'
for costs previously incurred.

(3) On the abatement of an action any person who might of*^^fa/ntiir°"
have been a plaintiff may apply to a judge of the court or, during

the trial, to the trial judge to be substituted as the plaintiff.
1972, c. 95, s. 107.

110. Where a plaintiff is not quahfied to be a plaintiff in substitution
an action under this Act, the action shall not on that account ^P^Ji*"^®**
be dismissed if, within such time as a judge of the court or,
during the trial, the trial judge allows for that purpose, another
plaintiff is substituted and substitution shall be made on such
terms and conditions as the judge considers proper. 1972,
c. 95, s. 108.

Ill . — ( 1 ) Where it is determined that a successful candidate fandfllt?
is guilty of bribery or of a corrupt practice, the court may guutyof
declare his election void and his office shall thereupon become practice
vacant.

(2) Where the election of any person is declared void, the unseating
court may order that he be removed from office and, if it is of another
determined that any other person would have been elected candidate
but for the corrupt practice that he be admitted to take his

seat in the council or board or, if it is determined that no
other person is elected, a new election shall be held.

(3) Where it is determined that any person is guilty of bribery Where
or of a corrupt practice and that the commission of the bribery of corrupt
^r corrupt practice affected the result of the election, the court Sffecte'd
may declare the election void and a new election shall be held. e?ecUo*n

(4) When* it is determined that any act or omission of an

Where act of

election /v- • • /-^ i r i • i

offlciai I'lection official affected the result of an election, the court

result of may declare the election void and a new election shall be held,
election

Compensation (5) Where a new election is to be held, the court may make

of candidates \' ... i • r i

where such order as it considers just agamst any person who is found

guilty of an offence or of bribery or a corrupt practice under
this Act for the compensation of candidates at the void
election not exceeding $2,000 per candidate.

Judgment
to clerk

(6) The clerk of the court shall forward a copy of the judg-
ment and the reasons for judgment to the clerk of the munici-
pality. 1972, c. 95, s. 109.

Where
election set
aside and
appeal
entered

of^council (^) '^^^ decisions of a council reached with the participa-

notafTected tion of a member or members who is Or are subsequently

by reason j i i i • i , • -i i n •

ofsubseauent declared to be not entitled to sit on council shall not in any
cation way be affected on the grounds of the participation of such

member or members. New.

ifot*tob^"°° 113. A new election shall not be held until after the

heid^nding expiration of the time limited for appeal from the determination

of the court that the election is void and, if an appeal is

brought, the election shall not be held pending the appeal.

1972,c. 95, s. 111.

Appeal to
Divisional
Court

1 14. — (1) An appeal lies from the judgment of the county
or district court to the Divisional Court in accordance with
the rules of court.

Judgment
or new trial

(3) An appeal lies from the decision of the trial judge to whom ^J'^^gfon'""^
the case was remitted by the Divisional Court in accordance new trial
with the provisions of this section. 1972, c. 95, s. 112.

115. Any person elected may, at any time after the election bifore*'"^^
and before it is complained of, deliver to the clerk of the complaint
municipality a disclaimer, signed by him, to the following

effect :

"I, A.B., hereby disclaim all right to the office of

for the of

in the of

and all defence of any right I may

have to the same. Dated day of

19.... A.B."

1972, c. 95, s. 113.

1 1 6. A person whose election is complained of, unless it is aft^g^r*^'^^'^
complained of on the ground of bribery or of a corrupt practice complaint
on his part, may, within one week after service on him of the

writ, transmit by registered mail, or deliver to the judge of
the court, and to the applicant or his solicitor, a disclaimer
signed by him to the following effect:

"I, A.B., upon whom a writ, authorized by The i

Municipal Elections Act, 1972, has been served for /

the purpose of contesting my right to the office

of in the county (or district)

of , hereby disclaim the office, and

all defence of any right I may have to the same.

Dated day of , 19

A.B."

1972, c. 95, s. 114.

117. — (1) A person disclaiming shall deliver a duplicate of ^f"J|g'cia'irner
his disclaimer to the clerk of the municipality, and the clerk ^o clerk
shall forthwith communicate it -to the council or to the
secretary of the local board, as the case requires. 1972,
c. 95, s. 115 (1); 1974, c. 32, s. 39.

^gJ'JJM (2) A disclaimer in accordance with section 115 or 116

operates as a resignation.

Ralief from
costs

(3) A disclaimer in accordance with section 116 reHeves
the person making it from all liability for costs in an action
under section 104. 1972, c. 95. s. 115 (2. 3).

Procedure
substituted
for quo
warranto
proceed! ngs

Forms

Notices in

French

language

Determina-
tion

by council
of French-
lan^age
forms, etc.

119. — (1) The Minister may by order prescribe the forms
required for the purposes of this Act, which forms may
be in both the English and French languages. 1975, c. 23, s. 1,
part.

(2) Any notices required to be posted, published or mailed
under this Act may, in addition to being printed in the
English language, be printed in the French language.

Holidays 120. Subject to subsection 2 of section 11, where any day

specified in this Act for the undertaking of any proceeding
pertaining to an election falls on a holiday, the day specified
shall be deemed to be the immediately preceding day which
is not a Sunday or a holiday. New.

on'^ection 121. The council of a municipahty may by by-law

expenditures provide for limitations on elections expenditures by or on
behalf of a candidate and require the disclosure by a candi-
date of all election contributions to his campaign in excess of
$100 in the form of money and goods and services. New.

1975. c. 40.

8.27(1).

re-enacted

122. Subsection 1 of section 27 of The Liquor Licence Act.
1975, being chapter 40, is repealed and the following sub-
stituted therefor :

Submission
by council
to vote

(1) The council of a municipality may submit one or
more of the questions prescribed by the regulations
respecting the authorization for the sale of liquor ir
the municipahty to a vote.

(la) The council of a municipality shall submit to a^^®"^
vote such questions prescribed by the regulations
respecting the authorization for the sale of liquor in
the municipality as are requested by petition signed
by at least 25 per cent of the persons appearing on
the list of electors, as revised, prepared for the
previous municipal election.

123. Section 30 of the said Act is repealed. s^30 '"'°'

repealed

124. Sections 31, 32 and 33 of the said Act are repealed ^f|i?33^°'
and the following substituted therefor : re-enacted

31. The day fixed for taking the vote on any question Day of
or questions shall be the day upon which, under The 1977,0.
Municipal Elections Act, 1977 , a poll would be held
at the election of members of the council of the
municipahty unless the council, with the approval
> of the Board, fixes some other day and notifies

the clerk of the municipality to that effect, but a
poll shall not be held on any such question or
questions until after the expiration of two months
from the passing of a by-law for submitting the
question or questions where the council submits the
question or questions without a petition, nor until
after the expiration of two months from the fihng
of the petition, as the case may be.

32. — (1) The persons qualified to vote upon a question who may
or questions are such persons as would be eligible
to vote at an election held on that day pursuant to
The Municipal Elections Act, 1977 .

(2) Where the vote is held on a day other than the date Qualification

^ ' -^ period for

set for the election of members to the council of the determining
municipahty, the termination of the qualification of electors
period for determining the eligibility of electors
under paragraph 4 of subsection 4 of section 92 of
The Municipal Elections Act, 1977 is the date of the
approval given by the Board as required by sec-
tion 31.

33. The provisions of The Municipal Elections Act, 1977 Amplication
apply to the taking of a vote under this Act. 1977. c. ...

33a. The returning officer shall make his return to thel^^^^'o
Board showing the number of votes polled for the
affirmative and negative on the question or questions
submitted and, upon the receipt of such return, the

1975. c. 40.
B. 34 (2).
re-enacted

Who entitled
to si^n
petition

Who
entitled
to vote

1977. c.

Repeals

Commence-
ment

Short title

Board shall give notice thereof in The Ontario
Gazette showing the total number of votes polled in
the municipality for the affirmative and negative
upon the question or questions.

125. Subsection 2 of section 34 of the said Act is repealed
and the following substituted therefor:

(2) The persons qualified to sign a petition pursuant to
section 27 or 28 are the persons whose names
appeared on the list of electors, as revised, pre-
pared for the previous municipal election held in the
municipality amalgamated or municipality or part
annexed, as the case may be.

126. The following are repealed:

1. The Municipal Elections Act, 1972, being chapter 95.

2. The Municipal Elections Amendment Act, 1974, being
chapter 32.

3. The Municipal Elections Amendment Act, 1975, being
chapter 23.

127. This Act comes into force on the 1st day of January,
1978.

128. The short title of this Act is The Municipal Elections
Act, 1977.

S. rt)
r+ en

2 c

o
o

3
<-»■ o

p P
c/1 Ou

?:S^

3 •

P ^

3 <^
o J;c5
p w

3 O
O

O
CD

o
<

•-t

r-f-

(>t5

-J

tSJ

(T)

»>..

3
cr

e/5

Ol.

■-1

I-*-
3-

• 1

*5'

£L

r-*-

■^

(/)

55'

(T>

^-^

h- »

BILL 99

Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to regulate the
Discounting of Income Tax Refunds

The Hon. L. Grossman
Minister of Consumer and Commercial Relations

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to regulate the assignment of anticipated
income tax refunds in return for an amount less than the amount of the
refund.

The Bill provides that the discounter must pay to the taxpayer-
assignor at least 95 per cent of the amount of the anticipated tax refund.
This percentage amount may be increased by regulation.

The Bill further provides that the discounter shall maintain records
of his dealings and file with the Minister information specified in the Bill.
A notice for the information of the taxpayer-assignor shall be exhibited by
the discounter.

BILL 99 1977

An Act to regulate the
Discounting of Income Tax Refunds

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

1. In this Act. Jf-P-

(a) "discounter" means a person, including an agent
or broker, who, acting in the course of business,
acquires from a taxpayer the taxpayer's right to a
refund which is due or will become due to the
taxpayer ;

(b) "Minister" means the Minister of Consumer and
Commercial Relations;

(i) as an overpayment of the income tax paid

by him or on his behalf under The Income Tax ^ f^^p ^^°'
Act or the Income Tax Act (Canada) and RS.c. 1952,

, , ^ ' c. 148

mterest on the overpayment,

(ii) as an overpayment of unemployment insur-
ance premiums paid by him or on his behalf
under the Unemployment Insurance Act, 1971 c^8'(Can')
(Canada),

(iii) as an overpayment of contributions paid by
him 0
Plan,

him or on his behalf under the Canada Pension ?^ c. 1970.

c. C-5

(iv) as a tax credit under section (A of The Income
Tax Act, or

(v) as a grant or refund under an Act of Canada,
Ontario or of any other province;

(d) "regulations" means the regulations made under
this Act;

(e) "taxpayer" means an individual other than a dis-
counter who has the right to receive a refund.

Mauere 2. Before a discounter may acquire from a taxpayer the

specified by right to receive a refund which is due or will become due
to the taxpayer, the discounter shall specify in writing to the
taxpayer the terms of the acquisition including,

(a) the amount of the refund that the discounter believes
is due or will become due to the taxpayer;

(6) the amount to be paid by the discounter for the
refund which is due or will become due; and

(c) the difference between the amounts referred to in
clauses a and b, which is the amount that the tax-
payer will forego as a result of the discounting
agreement.

Maximum 3^ Nq acquisition by a discounter of a right to receive a

refund from a taxpayer shall be valid if the actual con-
sideration given for the right by the discounter to the tax-
payer is less than 95 per cent of the amount of the refund
which is due or will become due to the taxpayer, or such
greater amount as may be prescribed by the regulations.

wvice^°'^ 4. No discounter shall make an unreasonable charge for

any service, including the completing of the income tax
return of a taxpayer, and, in determining whether a charge
is unreasonable, consideration shall be given to the time spent
completing the return and the complexity of the return and
the necessity of the service to facilitate the taxpayer receiving
a refund which is due or will become due.

eSsl""*^ 5. Where, in respect of a taxpayer, a discounter receives
payment an amount which exceeds the amount referred to in clause a
of section 2,

(a) the excess amount shall be remitted forthwith by
the discounter to the taxpayer; or

(6) if the discounter is not able to locate the taxpayer
and remit the excess to the taxpayer, the discounter
shall, within thirty days from the date of receipt
of the excess, remit the excess to the Receiver General
of Canada to be credited to the taxpayer's account.

e. The taxpayer may recover from the discounter as a Recovery

01 6XCGSS

simple contract debt the excess amount required to be paid payment
by section 5 which has not been paid by the discounter as
required by section 5.

7. A discounter shall, by the 31st day of July of each ^^^^^^
year, file with the Minister in the prescribed form, discounter

(a) the name and address of each taxpayer whose refund
was acquired ;

{b) the amount of the refund ;

{d) the amount actually received by the discounter
pursuant to the refund acquired,

for the year ending with the 30th day of June.

8. Every discounter who acquires from a taxpayer the f°^l^^
right to receive a refund which is due or will become due posted
shall keep posted in a prominent location on his business
premises a notice informing the taxpayer of the provisions of

this Act, and the form and wording of the notice may be
prescribed by the regulations.

9. The discounter shall retain in his place of business ^®,g°'''^^
proper records and books of account showing moneys kept by
disbursed and received, the name of every person who has

had his return or right to a return acquired by a discounter,
and the last known address of every such person.

10. — (1) Every person who contravenes this Act or the Penalty
regulations is guilty of an offence and on summary conviction
is liable to a fine of not more than $5,000.

(2) Where a person is convicted of an offence under ^lon^n"^*
section 4 or 5, the provincial judge making the conviction addition
shall, in addition to the fine imposed pursuant to sub-
section 1, order that the person convicted pay the taxpayer

any amount that the provincial judge finds is owing to the
taxpayer.

(3) Where a corporation contravenes any provision of this ^t^'^®'"^-
Act or the regulations, an officer, director or agent of the nabie
corporation or a person purporting to act in any such capacity

who authorizes, permits or acquiesces in the contravention
is a party to and guilty of the offence and is liable on con-
viction to the penalty provided for the offence whether or
not the corporation has been prosecuted or convicted.

Onosof (4) In determining whether for the purposes of subsec-

^"*** tion 3 an officer, director or agent of the corporation or a

person purporting to act in any such capacity authorized,
p)ermitted or acquiesced in the contravention of any pro-
vision of this Act or the regulations, it shall be for the officer,
director or agent or person purporting to act in any such
capacity to prove that he did not authorize, p>ermit or
acquiesce in the contravention.

c^ermay (5) An Order for payment under subsection 2 may be filed
by the taxpayer in a court of competent jurisdiction and
thereupon the order shall be deemed to be an order of that
court for the purposes of enforcement.

Regulations 1 1 . The Lieutenant Governor in Council may make
regulations,

(a) requiring that the discounter file with the Minister,
copies of all agreements, forms and other docu-
ments that he intends to use in acting as a dis-
counter ;

(6) prescribing anything that by this Act is to be
prescribed ;

(d) prescribing the percentage amount of the con-
sideration in respect of an assignment of a refund
for the purposes of section 3 ; and

{e) exempting any class of persons from the provisions
of this Act.

me?t"*°*^* 12. This Act comes into force on the day it receives
Royal Assent.

Short title 13, The short title of this Act is The Income Tax Dis-
counters Act, 1977.

o K

i-K W

P X

3 C

pj. 3 r

EI. O) •
cr g W

fD
i-»
O

Si
Si-

'Z
o
<

o
■^
^

C/)

QTQ

<-K

r-h

►1

0"5

i-t-

(T>

>-K

BILL 99 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to regulate the
Discounting of Income Tax Refunds

The Hon. L. Grossman
Minister of Consumer and Commercial Relations

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to regulate the assignment of anticipated
income tax refunds in return for an amount less than the amount of the
refund.

The Bill provides that the discounter must pay to the taxpayer-
assignor at least 95 per cent of the amount of the anticipated tax refund.
This percentage amount may be increased by regulation.

BILL 99 1977

An Act to regulate the
Discounting of Income Tax Refunds

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

1. In this Act, gte^-P^-

{a) "discounter" means a person, including an agent
or broker, who, acting in the course of business,
acquires from a taxpayer the taxpayer's right to a
refund which is due or will become due to the
taxpayer ;

(b) "Minister" means the Minister of Consumer and
Commercial Relations;

(i) as an overpayment of the income tax paid

by him or on his behalf under The Income Tax ^ ff^ ^^''°'
Act or the Income Tax Act (Canada) and RS.c. 1952,

, ^ ' c. 148

mterest on the overpayment,

(ii) as an overpayment of unemployment insur-
ance premiums paid by him or on his behalf
under the Unemployment Insurance Act, 1971 ^^^Jo^n)
(Canada),

(iii) as an overpayment of contributions paid by
him 0
Plan,

him or on his behalf under the Canada Pension ^ s.c. 1970,

c. C-5

(iv) as a tax credit under section 66 of The Income
Tax Act, or

(v) as a grant or refund under an Act of Canada,
Ontario or of any other province;

{d) "regulations" means the regulations made under
this Act;

(e) "taxpayer" means an individual other than a dis-
counter who has the right to receive a refund.

M^»™ 2. Before a discounter may acquire from a taxpayer the

specified by right to receive a refund which is due or will become due

discounter , it in t-

to the taxpayer, the discounter shall specify in writing to the
taxpayer the terms of the acquisition including,

{a) the amount of the refund that the discounter believes
is due or will become due to the taxpayer;

{b) the amount to be paid by the discounter for the
refund which is due or will become due; and

(f) the difference between the amounts referred to in
clauses a and b, which is the amount that the tax-
payer will forego as a result of the discounting
agreement.

discount" ^* "^^ acquisition by a discounter of a right to receive a

se^ce^""^ 4. No discounter shall make an unreasonable charge for
any service, including the completing of the income tax
return of a taxpayer, and, in determining whether a charge
is unreasonable, consideration shall be given to the time spent
completing the return and the complexity of the return and
the necessity of the service to facilitate the taxpayer receiving
a refund which is due or will become due.

McTss""^ 5. Where, in respect of a taxpayer, a discounter receives
payment an amount which exceeds the amount referred to in clause a
of section 2,

(a) the excess amount shall be remitted forthwith by
the discounter to the taxpayer ; or

6. The taxpayer may recover from the discounter as a Recovery

r J J . . of excess

simple contract debt the excess amount required to be paid payment
by section 5 which has not been paid by the discounter as
required by section 5.

7. A discounter shall, by the 31st day of July of each ^^^^^
year, file with the Minister in the prescribed form, discounter

{a) the name and address of each taxpayer whose refund
was acquired ;

(6) the amount of the refund ;

{d) the amount actually received by the discounter
pursuant to the refund acquired,

for the year ending with the 30th day of June.

8. Every discounter who acquires from a taxpayer the ^°^^^
right to receive a refund which is due or will become due posted
shall keep posted in a prominent location on his business
premises a notice informing the taxpayer of the provisions of

this Act, and the form and wording of the notice may be
prescribed by the regulations.

9. The discounter shall retain in his place of business ^^^e^*^^
proper records and books of account showing moneys kept by

QiscouritjGr

disbursed and received, the name of every person who has
had his return or right to a return acquired by a discounter,
and the last known address of every such person.

lO. — (1) Every person who contravenes this Act or the Penalty
regulations is guilty of an offence and on summary conviction
is liable to a fine of not more than $5,000.

(2) Where a person is convicted of an offence under compensa-
section 4 or 5, the provincial judge making the conviction addition
shall, in addition to the fine imposed pursuant to sub-
section 1, order that the person convicted pay the taxpayer

any amount that the provincial judge finds is owing to the
taxpayer.

(3) Where a corporation contravenes any provision of this ^^^°®"*
Act or the regulations, an officer, director or agent of the liable
corporation or a person purporting to act in any such capacity

who authorizes, p>ermits or acquiesces in the contravention
is a party to and guilty of the offence and is liable on con-
viction to the penalty provided for the offence whether or
not the corporation has been prosecuted or convicted.

onusof (4) In determining whether for the purposes of subsec-

tion 3 an officer, director or agent of the corporation or a
person purporting to act in any such capacity authorized,
permitted or acquiesced in the contravention of any pro-
vision of this Act or the regulations, it shall be for the officer,
director or agent or person purporting to act in any such
capacity to prove that he did not authorize, permit or
acquiesce in the contravention.

boflted"*^ (5) An order for payment under subsection 2 may be filed
by the taxpayer in a court of competent jurisdiction and
thereupon the order shall be deemed to be an order of that
court for the purposes of enforcement.

Regruiations n. The Lieutenant Governor in Council may make
regulations,

(a) requiring that the discounter file with the Minister,
copies of all agreements, forms and other docu-
ments that he intends to use in acting as a dis-
counter ;

{b) prescribing anything that by this Act is to be
prescribed ;

Commence-
ment

{d) prescribing the percentage amount of the con-
sideration in respect of an assignment of a refund
for the purposes of section 3.

12. This Act comes into force on the day it receives
Royal Assent.

Short title

13. The short title of this Act is The Income Tax Dis-
counters Act, 1977.

«>

»>

^*fc.

C/>

55'
<->■

5 H
o w

pj. 3 r
'^ .3 2

3 i

3
ft>
•-I
o

:zj

ft.

•-t

•-1

«>

^■^

ft.

3
1-*-

(TO

"+>

r-t-

"-t

orq

(-^

i-K

BILL 99

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to regulate the
Discounting of Income Tax Refunds

The Hon. L. Grossman
Minister of Consumer and Commercial Relations

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 99

1977

An Act to regulate the
Discounting of Income Tax Refunds

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

1. In this Act,

(6) "Minister" means the Minister of Consumer and
Commercial Relations;

Interpre-
tation

(i) as an overpayment of the income tax paid

by him or on his behalf under The Income Tax ^ fvP ^^'"'•
Act or the Income Tax Act (Canada) and Rs.c. 1952,
mterest on the overpayment,

(ii) as an overpayment of unemployment insur-
ance premiums paid by him or on his behalf
under the Unemployment Insurance Act, 1971 c^gfca'n)
(Canada) ,

(iii) as an overpayment of contributions paid by

him or on his behalf under the Canada Pension ^ s.c. 1970,

_ . c. 0-0

Plan,

(iv) as a tax credit under section 66 of The Income
Tax Act, or

(v) as a grant or refund under an Act of Canada,
Ontario or of any other province;

(d) "regulations" means the regulations made under
this Act;

(e) "taxpayer" means an individual other than a dis-
counter who has the right to receive a refund.

Matters
to be

specified by
discounter

2. Before a discounter may acquire from a taxpayer the
right to receive a refund which is due or will become due
to the taxpayer, the discounter shall specify in writing to the
taxpayer the terms of the acquisition including,

{a) the amount of the refund that the discounter believes
is due or will become due to the taxpayer;

(6) the amount to be paid by the discounter for the
refund which is due or will become due; and

(c) the difference between the amounts referred to in
clauses a and b, which is the amount that the tax-
payer will forego as a result of the discounting
agreement.

discount" ^* ^° acquisition by a discounter of a right to receive a

Charge for
service

4. No discounter shall make an unreasonable charge for
any service, including the completing of the income tax
return of a taxpayer, and, in determining whether a charge
is unreasonable, consideration shall be given to the time spent
completing the return and the complexity of the return and
the necessity of the service to facilitate the taxpayer receiving
a refund which is due or will become due.

fx^cTss**"^ 5. Where, in respect of a taxpayer, a discounter receives
payment an amount which exceeds the amount referred to in clause a

of section 2,

(a) the excess amount shall be remitted forthwith by
the discounter to the taxpayer; or

(b) if the discounter is not able to locate the taxpayer
and remit the excess to the taxpayer, the discounter
shall, within thirty days from the date of receipt
of the excess, remit the excess to the Receiver General
of Canada to be credited to the taxpayer's account.

6. The taxpayer may recover from the discounter as a Recovery

. , , , , • 1 , • 1 of excess

Simple contract debt the excess amount required to be paid payment
by section 5 which has not been paid by the discounter as
required by section 5.

7. A discounter shall, by the 31st day of July of each ^^^^l^
year, file with the Minister in the prescribed form, discounter

(a) the name and address of each taxpayer whose refund
was acquired ;

(6) the amount of the refund ;

{d) the amount actually received by the discounter
pursuant to the refund acquired,

for the year ending with the 30th day of June.

8. Every discounter who acquires from a taxpayer the ^°^^°®
right to receive a refund which is due or will become due posted
shall keep posted in a prominent location on his business
premises a notice informing the taxpayer of the provisions of

this Act, and the form and wording of the notice may be
prescribed by the regulations.

9. The discounter shall retain in his place of business ^®jg°'''^^
proper records and books of account showing moneys kept by

discouritGi'

disbursed and received, the name of every person who has
had his return or right to a return acquired by a discounter,
and the last known address of every such person.

10. — (1) Every person who contravenes this Act or the Penalty
regulations is guilty of an offence and on summary conviction
is liable to a fine of not more than $5,000.

(2) Where a person is convicted of an offence under tio^?n°^*
section 4 or 5, the provincial judge making the conviction addition
shall, in addition to the fine imposed pursuant to sub-
section 1, order that the person convicted pay the taxpayer

any amount that the provincial judge finds is owing to the
taxpayer.

(3) Where a corporation contravenes any provision of this ^^^°®"''
Act or the regulations, an officer, director or agent of the nawe
corporation or a person purporting to act in any such capacity

onusof (4) In determining whether for the purposes of subsec-

beflted"*^ (5) An order for payment under subsection 2 may be filed
by the taxpayer in a court of competent jurisdiction and
thereupon the order shall be deemed to be an order of that
court for the purposes of enforcement.

Regruiations n. The Lieutenant Governor in Council may make
regulations,

(a) requiring that the discounter file with the Minister,
copies of all agreements, forms and other docu-
ments that he intends to use in acting as a dis-
counter ;

(6) prescribing anything that by this Act is to be
prescribed ;

Commence-
ment

(d) prescribing the percentage amount of the con-
sideration in respect of an assignment of a refund
for the purposes of section 3.

12. This Act comes into force on the day it receives
Royal Assent.

Short title

13. The short title of this Act is The Income Tax Dis-
counters Act, 1977.

o a
pj. 3 r

U) g »

:z:

o
<

S-

CO
•-1

a>
•-1

i-t-
3*

flu

ona

"•

1— »

►— '

t-*

^
^

-J

o
o

^ >

(7<3 >
^ O

rt)

H
p

r-t-

rt-

a»

i-H

D-

BILL 100 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Environmental Assessment Act, 1975

Mr. McGuigan

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to provide for legal and technical assistance to
certain citizens' groups in the preparation of written submissions and
participation in proceedings before the Environmental Assessment Board.

3ILL 100 1977

I An Act to amend

^ The Environmental Assessment Act, 1975

f TER MAJESTY, by and with the advice and consent of the
*- -'- Legislative Assembly of the Province of Ontario, enacts as
rOllows :

I' 1. Section 7 of The Environmental Assessment Act, 1975, beings''- , ,
I chapter 69, is amended by adding thereto the following sub-

t section :

I {2a) Where an unincorporated association representing Assistance

I residents of a municipality in which an undertaking is being citizens'

i or is proposed to be carried out,

{a) notifies the Minister of its intention to make a
written submission referred to in subsection 2 ; and

(b) requests the Minister for legal and technical assist-
ance in the preparation of its submission,

the Minister shall arrange for such assistance to be provided
to the association or associations without cost from the legal
and technical resources of the Ministry and, for this purpose,
may designate one or more employees of the Ministry or
other person or persons to give legal and technical counsel
to the association or associations in the preparation of the
submission.

2. Section 18 of the said Act is amended by adding thereto thesi^' . .

,,,.,. JO amended

following subsection:

(16a) Where an unincorpxjrated association representing Assistance
residents of a municipality in which an undertaking is being citizens*
or is proposed to be carried out is a party to proceedings ^^°^^
before the Board and requests the Minister for legal and
technical assistance in the proceedings, the Minister shall
arrange for such assistance to be provided to the association
or associations without cost from the legal and technical
resources of the Ministry and, for this purpose, the Ministry

Commence-
ment

Short title

may designate one or more employees of the Ministry
other person or persons to give legal and technical couns^
to the association or associations in respect of the proceeding!
before the Board.

3. This Act comes into force on the day it receives Royal Asse

4. The short title of this Act is The Environmental Assessme
Amendment Act, 1977.

^dV

o
O

>
2;

tNO

>«

Sv.

».

«4

cri

?i.

$x.

«* .

** .

o
<

a.
I'

? >

>§ >

(^ 3 2.

H- 3 O

re O-

re
(/)

BILL 101 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Petty Trespass Act

Mr. Eaton

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to remove requirements from the Act that
land be enclosed or that land must be posted before one can be considered
a trespasser. It places the onus on persons to ask permission to enter
another p>erson's land and increases the maximum fine to $1,000 from the
present $100. It removes liability from a property owner for trespassers
unless deliberate intent to do harm to the trespasser is involved.

BILL 101 1977

An Act to amend The Petty Trespass Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

follows:

1. Section 1 of The Petty Trespass Act, being chapter 347 of the ^g^^j^^^^^^j
Revised Statutes of Ontario, 1970, is repealed and the follow-
ing substituted therefor:

1. — (1) Every person who unlawfully enters or in any other oj^e^ce of
way trespasses upon another person's land without written trespass
permission and whether or not any damage has been
occasioned thereby is guilty of an offence and on summary
conviction is liable to a fine of not more than $1,000.

(2) Where an offence under subsection 1 is committed bv '^'■^^p*®!.^^

^ ' -' means of

means of a motor vehicle or any type of recreational vehicle, motor

VBuicls

the driver of the vehicle, not being the owner, is liable to
the fine provided under subsection 1 and the owner of the
vehicle is also liable to the fine provided under subsection 1
unless at the time the offence was committed the vehicle
was in the possession of a person other than the owner or his
chauffeur without the owner's consent.

2. The said Act is amended by adding thereto the following l^^^^^^^
section :

6. An occupier of land owes no duty of care toward a^^J^ijier
person who is a trespasser except the duty to not create a
danger with the deliberate intent of doing harm or damage
to the trespasser or do a wilful act with reckless disregard of
the presence of the trespasser.

3. This Act comes into force on the day it receives Royal Assent. ^°^^®"°«-

4. The short title of this Act is The Petty Trespass Amendment^^o^^^^^^^
Act, 1977.

f<!ii

H
O

I- s

<-♦■

>
o

t-t-

-1

t/)

-0

C/1

BILL 102 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Farm Products Marketing Act

The Hon. W. Newman
Minister of Agriculture and Food

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. Clause e of section 1 of the Act now reads as follows:

includes advertising, financing, assembling, storing, packing and

shipping and transporting in any manner by any person, and
"market" and "marketed" have corresponding meanings.

"marketing" is redefined to bring the definition into line with current
marketing practices under the Act.

Section 2. Clause g of subsection 1 of section 4 of the Act now reads
as follows:

(/) The Board may,

(g) appoint persons to inspect the books, records, documents, lands
and premises and any regulated product of persons engaged in
producing or marketing the regulated product.

The amendment enlarges the duties of persons appointed under
clause g.

Section 3. Section 7 of the Act now provides for the production of
records, etc., makes it an offence to hinder or obstruct persons appointed
by the Board in the carrying out of their duties and provides that the
production of a certificate of his appointment by any such person is
prima facie proof of his appointment.

The re-enactment of section 7 is complementary to section 2 of the
BiU.

3ILL 102 1977

An Act to amend
The Farm Products Marketing Act

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

1. Clause e of section 1 of The Farm Products Marketing' ylc/, si(e),
being chapter 162 of the Revised Statutes of Ontario, 1970,
is repealed and the following substituted therefor :

[e) "marketing" includes advertising, assembling, buy-
ing, financing, offering for sale, packing, processing,
selling, shipping, storing and transporting and
"market" and "marketed" have corresponding
meanings.

2. Clause g of subsection 1 of section 4 of the said Act is repealed ^^^
and the following substituted therefor:

{g) appoint persons to,

(i) inspect the books, records, documents, lands
and premises and any regulated product of
persons engaged in producing or marketing
the regulated product, and

(ii) enter on lands or premises used for the
producing of any regulated product and
measure the area of land used to produce
the regulated product or perform a count of
the regulated product.

li. Section 7 of the said Act is repealed and the following ![•'[,

(i)(5).

re-enacted

substituted therefor:

re-enacted

7. — (1) Every person when requested to do so by a per- Production
son, appointed by the Board or a local board to carry out etc.
the duties referred to in clause g or h oi subsection 1 of section

Obstruction

Certificate

appointment

8.8(1),

amended

4 respecting a regulated product, shall, in respect of tha
regulated product, produce such books, records and docu-
ments and permit inspection thereof and supply extract
therefrom, permit inspection of such lands or premises an<
regulated product and permit such measurement of the arei
of land used to produce the regulated product or the per
formance of such count of the regulated product.

(2) No person shall hinder or obstruct a person, appointee
by the Board or a local board to carry out the duties
referred to in clause g or h oi subsection 1 of section 4, in thm I
course of his duties or refuse to permit him to carry out hi» ^
duties or refuse to furnish him with information or furnisW
him with false information. J

(3) The production by any person of a certificate of his
appointment by the Board or a local board under clause a
or h of subsection 1 of section 4, purporting to be signed b^
the chairman and secretary of the Board or the local board,*
shall be accepted by any person engaged in the producing,
or marketing of the regulated product as prima facie proo^
of such appointment.

4. — (1) Subsection 1 of section 8 of the said Act, as amended bj
the Statutes of Ontario, 1972, chapter 156, section 1, is
further amended by adding thereto the following para^
graphs :

13a. authorizing a local board,

i. to require that a regulated product
produced on a quota basis,

ii. to prohibit any person to whom a quota has
not been fixed and allotted for the producing/
of a regulated product or whose quota ha^
been cancelled from producing any of th
regulated product,

iii. to prohibit any person to whom a quota has
been fixed and allotted for the producing of a
regulated product from producing any of thej
regulated product in excess of such quota
and

IV.

to prohibit any person to whom a quota has'
been fixed and allotted for the producing of ay
regulated product on lands or premises iii
respect of which such quota was fixed andn
allotted from producing any of the regulated?

Section 4. — Subsection 1. Subsection 1 of section 8 of the Act
authorizes the Board to make regulations in respect of the matters set
out.

The amendment enlarges the authority to make regulations to provide
for the producing of regulated products on a quota basis.

Subsection 2. Paragraph 21 of subsection 1 of the said section 8 now
reads as follows :

21. providing for the establishment in connection with any plan, negotiating
agencies that may be empowered to adopt or settle by agreement any
or all of the following matters:

i. minimum prices for the regulated product or for any class,
variety, grade or size of the regulated product,

a. terms, conditions and forms of agreements relating to the
producing or marketing of the regulated product.

Hi. any charges, costs or expenses relating to the production or
marketing of the regulated product.

The amendment empowers negotiating agencies to negotiate rents for
lands rented for the production of a regulated product.

Subsection 3. Subsection 7 of section 8 of the Act now reads as
follows :

(7) Everything that is done by a local board under the authority of
paragraph 13 of subsection 1 shall be deemed to be of an administra-
tive and not of a legislative nature.

The amendment is complementary to subsection 1 .

product other than the regulated product
produced on such lands or premises;

136. authorizing a local board,

i. to fix and allot to persons quotas for the
producing of a regulated product on such
basis as the local board considers proper,

ii. to refuse to fix and allot to any person a
quota for the producing of a regulated
product for any reason that the local board
considers proper,

iii. to cancel or reduce, or refuse to increase, a
quota fixed and allotted to any person for
producing a regulated product for any reason
that the local board considers proper, and,
without limiting the generality of the fore-
going, to cancel or reduce any such quota
as a penalty where the local board believes
on reasonable grounds that the person to
whom the quota was fixed and allotted has
contravened any provision of this Act or the
regulations, and

iv. to permit any person to whom a quota has
been fixed and allotted for the producing of
a regulated product to produce any of the
regulated product in excess of such quota on
such terms and conditions as the local board
considers proper.

(2) Paragraph 21 of subsection 1 of the said section 8 is par^2i,
amended by adding thereto the following subparagraph : amended

iv. the minimum amount of rental to be paid by
or on behalf of a person engaged in pro-
cessing a regulated product to lease land from
an owner or tenant for the production of
the regulated product and the terms and
conditions of lease that shall apply in respect
of the leasing of any such land.

(3) Subsection 7 of the said section 8, as enacted by the "e^enacted
Statutes of Ontario, 1972, chapter 156, section 1, is
repealed and the following substituted therefor:

Acts of

(7) Everything that is done by a local board under the ^°^^^^*'''*
authority of paragraph 13 or 136 of subsection 1 shall be Adminis-

deemed to be of an administrative and not of a legislative
nature.

s. 12.
re-enaoted

5. Section 12 of the said Act is repealed and the following sub-
stituted therefor:

Producer-
processor

12. — (1) Any person who is a producer and a processor of
a regulated product is entitled in his respective capacities
as a producer and as a processor to all the rights and
privileges and is subject to all the duties and obligations of a
producer and a processor.

Idem

(2) Any person who is a producer and a processor of a
regulated product shall be deemed to have received in his
capacity as a processor from himself in his capacity as a
producer the regulated product produced by him that he
processes and to have contracted in that capacity with
himself in his capacity as a producer for the sale thereof
upon the condition that the regulations, orders, directions,
agreements and awards and the renegotiated agreements
and awards made under this Act apply.

Producer
deemed to
be a

producer-
processor

(3) Where a producer or producers, by himself or them-
selves, or through a corporation of which he or they are
members or shareholders, or through an agent, arrange for
the processing, on his or their account, by a processor, of
any regulated product produced by him or them, he or they
shall be deemed to be a producer and processor or producers
and processors for the purposes of subsections 1 and 2.

Producer
and person
marketing
regulated
product

(4) Any person who is a producer and a person engaged
in marketing a regulated product is entitled in his respective
capacities as a producer and as a person engaged in marketing
the regulated product to all the rights and privileges and is
subject to all the duties and obligations of a producer and
a person engaged in marketing the regulated product.

Idem

(5) Any person who is a producer and a person engaged,
in marketing a regulated product shall be deemed to have]
received in his capacity as a person engaged in marketing]
the regulated product from himself in his capacity as al
producer the regulated product produced by him that he|
engages in marketing and to have contracted in that'
capacity with himself in his capacity as a producer for
the sale thereof upon the condition that the regulations,;
orders, directions, agreements and awards and the re-j
negotiated agreements and awards made under this Act<
apply. \

Section 5. Section 12 of the Act now provides that producers who
operate in two capacities, by producing and processing or producing and
marketing, are entitled to the separate rights and are subject to the separate
obligations attributable to each capacity.

The amendment re-enacts the section to add provisions which deem a
sale to have taken place where a producer operates in such a double capacity
regardless of whether his processing or marketing operations are carried
out by himself or through the agency of another.

(6) Where a producer or producers, by himself or them- ^^°^^^®^q
selves, or through a corporation of which he or they are ^^ person

11,1, 1 r marketing

members or shareholders, or through an agent, arrange for regulated
the marketing, on his or their account, by a person engaged ^^° ^^
in marketing, of any regulated product produced by him or
them, he or they shall be deemed to be a producer and
person engaged in marketing or producers and persons
engaged in marketing for the purposes of subsections 4 and 5.

6. This Act comes into force on the day it receives Royal Assent, ^"enr^^'^^

7 . The short title of this Act is The Farm Products Marketing short title
Amendment Act, 1977 .

<?1

^ w

> o

cfT '^

3.'

o
o

C-o

t\>

►«.•

1-1

i_k

Si-

ft-

p
■-I

3 >

S3
3'

BILL 102

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Farm Products Marketing Act

The Hon. W. Newman
Minister of Agriculture and Food

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

3ILL 102 1977

An Act to amend
The Farm Products Marketing Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

ollows:

1. Clause e of section 1 of The Farm Products Marketing ^^^. re^nacted
being chapter 162 of the Revised Statutes of Ontario, 1970,

is repealed and the following substituted therefor:

(e) "marketing" includes advertising, assembling, buy-
ing, financing, offering for sale, packing, processing,
selling, shipping, storing and transporting and
"market" and "marketed" have corresponding
meanings.

2. Clause g of subsection 1 of section 4 of the said Act is repealed %*.^^J^^^^
and the following substituted therefor:

{g) appoint persons to,

(i) inspect the books, records, documents, lands
and premises and any regulated product of
persons engaged in producing or marketing
the regulated product, and

(ii) enter on lands or premises used for the
producing of any regulated product and
measure the area of land used to produce
the regulated product or perform a count of
the regulated product.

3. Section 7 of the said Act is repealed and the following ^^'^^^j^^^.g^
substituted therefor:

7. — (1) Every person when requested to do so by a P^r- ^/"^^g^o^"® °
son, appointed by the Board or a local board to carry out etc.
the duties referred to in clause ^ or A of subsection 1 of section

Obstruction

Certificate

appointment

8.8(1).

amended

4 respecting a regulated product, shall, in respect of that
regulated product, produce such books, records and docu-
ments and permit inspection thereof and supply extracts
therefrom, permit inspection of such lands or premises and
regulated product and permit such measurement of the area
of land used to produce the regulated product or the per-
formance of such count of the regulated product. j

(2) No person shall hinder or obstruct a person, appointed
by the Board or a local board to carry out the duties
referred to in clause g or h oi subsection 1 of section 4, in the
course of his duties or refuse to permit him to carry out his
duties or refuse to furnish him with information or furnish
him with false information. ]

(3) The production by any person of a certificate of his
appointment by the Board or a local board under clause g
or h of subsection 1 of section 4, purporting to be signed by
the chairman and secretary of the Board or the local board,
shall be accepted by any person engaged in the producing
or marketing of the regulated product as prima facie proof
of such appointment.

4. — (1) Subsection 1 of section 8 of the said Act, as amended by
the Statutes of Ontario, 1972, chapter 156, section 1, is
further amended by adding thereto the following para-
graphs :

13a. authorizing a local board,

i. to require that a regulated product be
produced on a quota basis,

ni.

to prohibit any person to whom a quota has
not been fixed and allotted for the producing
of a regulated product or whose quota has
been cancelled from producing any of the
regulated product,

to prohibit any person to whom a quota has
been fixed and allotted for the producing of a
regulated product from producing any of the
regulated product in excess of such quota,
and

IV.

to prohibit any person to whom a quota ha^
been fixed and allotted for the producing of a
regulated product on lands or premises in
respect of which such quota was fixed and
allotted from producing any of the regulated

product other than the regulated product
produced on such lands or premises;

136. authorizing a local board,

i. to fix and allot to persons quotas for the
producing of a regulated product on such
basis as the local board considers proper,

ii. to refuse to fix and allot to any person a
quota for the producing of a regulated
product for any reason that the local board
considers proper,

(2) Paragraph 21 of subsection 1 of the said section 8 iSpa^j.^21,
amended by adding thereto the following subparagraph : amended

(3) Subsection 7 of the said section 8, as enacted by the ^e^inacted
Statutes of Ontario, 1972, chapter 156, section 1, is
repealed and the following substituted therefor:

Acts of

(7) Everything that is done by a local board under the locai board
authority of paragraph 13 or 136 of subsection 1 shall be Adminio-

deemed to be of an administrative and not of a legislative
nature.

8.12,

re-enacted

5. Section 12 of the said Act is repealed and the following sub-
stituted therefor:

Producer-
processor

Idem

Producer
deemed to
bea

producer-
processor

Producer
and person
marketing
regulated
product

Idem

(5) Any person who is a producer and a person engaged
in marketing a regulated product shall be deemed to have
received in his capacity as a person engaged in marketing
the regulated product from himself in his capacity as a
producer the regulated product produced by him that he
engages in marketing and to have contracted in that
capacity with himself in his capacity as a producer for
the sale thereof upon the condition that the regulations,
orders, directions, agreements and awards and the re-
negotiated agreements and awards made under this Act
apply.

(6) Where a producer or producers, by himself or them- ^^^^^^e^^
selves, or through a corporation of which he or thev are ^^ person

. 11111 1 ,. marketing

members or shareholders, or through an agent, arrange for regulated
the marketing, on his or their account, by a person engaged ^'^° ^^
in marketing, of any regulated product produced by him or
them, he or they shall be deemed to be a producer and
person engaged in marketing or producers and persons
engaged in marketing for the purposes of subsections 4 and 5.

6. This Act comes into force on the day it receives Royal Assent. ^°™r^°^^

7 . The short title of this Act is The Farm Products Marketing short title
Amendment Act, 1977 .

ft-

l-K

QTQ

r-t-

-1

O-

3
cr

Si-

r-t-

1— k

>-l

►-1

p— '

I—'

^
-^

•-t

•-1
0

r-t-

»-»■

C/5

S^3

"-I

?«r
0

rf-

orq

BILL 103 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Milk Act

The Hon. W. Newman
Minister of Agriculture and Food

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. Paragraph 15 of section 1 of the Act now reads as follows:

15. "marketing" means buying, selling and offering for sale, and includes
advertising, assembling, storing, distributing, financing, packing and
shipping and transporting in any manner by any person, and "market"
and "marketed" have corresponding meanings.

"marketing" is redefined to bring the definition into line with current
marketing practices under the Act.

Section 2. Section 1 1 of the Act now reads as follows:

//. — (/) Any person who is a producer and distributor is entitled in his
respective capacities as a producer and as a distributor to all the rights
and privileges and is subject to all the duties and obligations of a pro-
ducer and of a distributor.

(2) Any person who is a producer and distributor shall be deemed to have
received in his capacity as a distributor from himself in his capacity
as a producer the milk produced by him that he distributes and to
have contracted in that capacity with himself in his capacity as a
producer for the marketing thereof upon the condition that the regula-
tions, orders, directions, agreements and awards and the renegotiated
agreements and awards made under this Act apply.

The amendment adds a new subsection 3 to ensure that subsections 1
and 2 apply regardless of whether a producer acts as a distributor by himself
or through the agency of another.

Section 3. Section 12 of the Act now reads as follows:

12. — (/) Any person who is a producer and processor is entitled in his
respective capacities as a producer and as a processor to all the rights
and privileges and is subject to all the duties and obligations of a
producer and of a processor.

(2) Any person who is a producer and a processor shall be deemed to have
received in his capacity as a processor from himself in his capacity
as a producer the milk produced by him that he processes and to have
contracted in that capacity with himself in his capacity as a producer
for the marketing thereof upon the condition that the regulations,
orders, directions, agreements and awards and the renegotiated agree-
ments and awards made under this Act apply.

The amendment adds a new subsection 3 to ensure that subsections 1
and 2 apply regardless of whether a producer acts as a processor by himself
or through the agency of another.

BILL 103 1977

An Act to amend The Milk Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

follows :

1. Paragraph 15 of section 1 of The Milk Act, being chapter 273 s^i^p|r^^i^5^
of the Revised Statutes of Ontario, 1970, is repealed and the
following substituted therefor:

15. "marketing" includes advertising, assembhng, buy-
ing, distributing, financing, offering for sale, pack-
ing, processing, selling, shipping, storing and
transporting and "market" and "marketed" have
corresponding meanings.

2. Section 11 of the said Act is amended by adding thereto thesn

following subsection:

amended

(3) Where a producer or producers, by himself or them-i^^"i
selves, or through a corporation of which he or they are
members or shareholders, or through an agent, arrange for
the distributing, on his or their account, by a distributor
of any milk produced by him or them, he or they shall be
deemed to be a producer and distributor or producers and
distributors for the purposes of subsections 1 and 2.

3. Section 12 of the said Act is amended by adding thereto the 1^^!^^^^^
following subsection:

(3) Where a producer or producers, by himself or them-i^em
selves, or through a corporation of which he or they are
members or shareholders, or through an agent, arrange for
the processing, on his or their account, by a processor, of
any milk produced by him or them, he or they shall be
deemed to be a producer and processor or producers and
processors for the purposes of subsections 1 and 2.

4. This Act comes into force on the day it receives Royal Assent. ^°^^®°°®"

5. The short title of this Act is The Milk Amendment Act, / 977. short title

ft-

■I

H-K

ffi

orq

<->■

1-1

p.!

54-

1-1

«i

1— 1>

C/1

1— »
so

> 3

BILL 103

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Milk Act

The Hon. W. Newman
Minister of Agriculture and Food

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 103 1977

An Act to amend The Milk Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

{follows :

1. Paragraph 15 of section 1 of The Milk Act, being chapter 273 ^ i. par. i5.

" _r 'or re-enacted

of the Revised Statutes of Ontario, 1970, is repealed and the
following substituted therefor:

15. "marketing" includes advertising, assembUng, buy-
ing, distributing, financing, offering for sale, pack-
ing, processing, selling, shipping, storing and
transporting and "market" and "marketed" have
corresponding meanings.

2. Section 11 of the said Act is amended by adding thereto the^ n. , ,

. . j^ o amended

followmg subsection:

(3) Where a producer or producers, by himself or them-i**®'"
selves, or through a corporation of which he or they are
members or shareholders, or through an agent, arrange for
the distributing, on his or their account, by a distributor
of any milk produced by him or them, he or they shall be
deemed to be a producer and distributor or producers and
distributors for the purposes of subsections 1 and 2.

3. Section 12 of the said Act is amended by adding thereto the 1^12.^^^^
following subsection:

(3) Where a producer or producers, by himself or them-^^®""
selves, or through a corporation of which he or they are
members or shareholders, or through an agent, arrange for
the processing, on his or their account, by a processor, of
any milk produced by him or them, he or they shall be
deemed to be a producer and processor or producers and
processors for the purposes of subsections 1 and 2.

4. This Act comes into force on the day it receives Royal Assent, ^'^^t"*"''*

5. The short title of this Act is The Milk Amendment Act, / 977. short title

5'
^ w

> <^

►-1 ■

(-+
^ ^^

o
o

3
cr

•-1

rt!
■-1

1-1

1— k

ON
f-t-
p-

»— '

'— '

--a

->4

==^ >
<^ o

^°

> 3

BILL 104 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Public Hospitals Act

Mr. Williams

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill establishes several requirements relating to the composition
of the boards of public hospitals. The Bill provides that the number of
apf)ointed directors who have a vote shall not exceed one-quarter of the
elected directors. In addition, the Bill establishes certain criteria for member-
ship in a hospital corporation and guarantees a member's right to vote in the
hospital corporation.

»LL 104 1977

An Act to amend The Public Hospitals Act

TTER MAJESTY, by and with the advice and consent of the
t^ Legislative Assembly of the Province of Ontario, enacts as

dIIows:

1. The Public Hospitals Act, being chapter 378 of the Revised |-^^^'^.g^
Statutes of Ontario, 1970, is amended by adding thereto the
following section:

8a.— (1) In this section, tatfoS'"^"

(a) "local municipality" means a city, borough, town,
village and township ;

(6) "locahty" means a territory without municipal
organization ;

(2) Subject to section 9 and the regulations under this J^o^^d^ j^y
Act, the board of a hospital shall be elected from among members
the members of the hospital corporation.

(3) A person is eligible to be a member of a hospital EUeribnity
corporation if that person is, ^®™^®'''

{a) a resident of the local municipality or locality in
which the hospital is situated;

(6) a resident of a local municipality or locality
adjacent to the local municipality or locality in
which the hospital is situated.

(4) Where payment of a membership fee is required ^or^tpVee'^'
membership in a hospital corporation, the fee shall be the

same for all members and shall not exceed ten dollars per
annum.

One class
of member

Limit on

HtafT

directors

Conflict

R.S.0. 1970.
0.89

S.9.

re-enacted

By-laws

Idem

Election of
directors

Appointed
directors

(5) A hospital corporation shall have one class of member
and each member shall have one vote.

(6) The number of directors, whether elected or appointed
who are members of the medical, dental, nursing or ad-
ministrative staffs of the hospital, or who enjoy hospita
privileges at the hospital, shall not exceed at any time
one-quarter of the number of directors of the hospital.

(7) In the event of a conflict between any provision oi
this section and any provision of The Corporations Act, the
provision of this section applies.

2. Section 9 of the said Act, as amended by the Statutes o
Ontario, 1972, chapter 90, section 8, is repealed and the;
following substituted therefor:

9. — (1) A hospital shall pass by-laws prescribed by the
regulations, subject to the approval of the Minister.

(2) A hospital shall pass, amend or revise its by-laws an(
submit them to the Minister after receiving notice to do
as prescribed by the regulations.

(3) No by-law, or amendment to or revision of a by-law
made under subsection 2, has any force or effect until it i
approved by the Lieutenant Governor in Council upon th<
recommendation of the Minister.

(4) Notwithstanding The Corporations Act, a hospital may^
provide by by-law for the election and retirement of directors,]
but the election of directors shall take place in each year at an
general meeting of members and the terms of office of the
elected directors shall be for a period extending to the day
of the general meeting in the following year. £

(5) Notwithstanding The Corporations Act, a hospital may

by by-law provide for the appointment by its board of one^
or more classes of directors and in any such by-law th«
board may fix the number, qualifications and tenure or
office of the directors in each class and shall state whether
the directors in each class have voting rights, but where af
by-law provides an appointed director with a right to vote,
the director may vote in person but not by proxy.

Limitation

(6) The number of directors with a right to vote appointed
by the board shall not exceed at any time one-eighth the
number of elected directors of the board. s *

(7) Notwithstanding The Corporations Act, upon the recom- ^os^^ta/*^
mendation of the Minister, the Lieutenant Governor in representa-
Council may appoint one or more provincial hospital repre- r so. 1970,
sentatives to the board of a hospital for a term of office of not ^ ^^
more than three years and such provincial hospital repre-
sentatives shall have all the rights and responsibilities of
elected directors.

(8) The number of directors with voting rights appointed Limitation
by the board plus the number of provincial hospital
representatives appointed by the Lieutenant Governor in
Council shall not exceed at any time one-quarter the number

of elected directors.

(9) Members of the board who are members by virtue of directors
their office shall not have a right to vote.

(10) Any director who is serving as an appointed director '^'^^^si^^io'^
on the day preceding the day The Public Hospitals Amend-
ment Act, 1977 comes into force shall continue to have the

rights and privileges attached to the appointment and such
director shall be deemed not to be a member of the board
for the purposes of this section until the term of appoint-
ment expires.

3. This Act comes into force on a day to be named by procla- ^^^^^^^'
mation of the Lieutenant Governor.

4. The short title of this Act is The Public Hospitals Amendment ^^°^^^^^^
Act, 1977.

C/5

«.

5:0

Si-

I— »

o °
'I

>
n

BILL 105 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

I An Act to establish the Ontario Gommission on

Waste Management and Resource Recovery Systems

Mr. Cunningham

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill establishes the Ontario Commission on Waste Management and
Resource Recovery Systems to have authority in matters concerning
disposal, reclamation and recycling of waste materials and to provide aid to
local governments that desire to develop waste disposal systems of their
own.

BILL 105 1977

An Act to establish the Ontario

Commission on Waste Management

and Resource Recovery Systems

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

1. In this Act, aSfoT'-

{a) "Commission" means the Ontario Commission on
Waste Management and Resource Recovery Sys-
tems;

(b) "Minister" means the Minister of the Environment.
2. — (1) A commission to be known as the "Ontario Com-

inlssioxi

Commission on Waste Management and Resource Recovery established
Systems" is hereby established.

(2) The Commission shall be composed of not fewer than ^^^"^
thirteen members appointed by the Lieutenant Governor in
Council.

(3) The members of the Commission shall be representative ^'^®™
of Ontario Hydro, the Ministry of the Environment and
business and industry and representatives of business and
industry shall at all times constitute a majority of the mem-
bers of the Commission.

3. Eight members of the Commission constitute a quorum. Quorum

4. The objects of the Commission are and it has power, ^n)^'^^^

powers

(a) to provide solid waste disposal and reclamation
services throughout the province including inciner-
ation and landfill;

(b) to develop procedures and establish plants for the
reclamation and recycling of paper, metal, glass and
other materials;

By-laws

Annual
report

{d) to provide programs of information and technical
assistance to local government;

{e) to study alternate systems of waste disposal, waste
management and resource recovery; and

(/) to enter into co-operative arrangements for the
provision of waste management and resource re-
covery systems with representatives of private
industry.

5. The Commission may make such by-laws as are con-
sidered expedient for its constitution and the administration
of its affairs, and may do other things as are considered
necessary or advisable to carry out its objectives.

6. The Commission shall make a report annually to the
Minister who shall submit the report to the Lieutenant
Governor in Council and shall then lay the report before
the Assembly if it is in session or, if not, at the next ensuing
session.

me^t"*°°*" '^' T^^^ ^^^ comes into force on the day it receives Royal
Assent.

Short title g^ fhe short title of this Act is The Ontario Commission

on Waste Management and Resource Recovery Systems Act,
1977.

•z
•z

O
X
>

<-0

Si-

•1

<->■

ri.

tj'

Orq

n
^3

2->

$:^ 5) 55

(/) 3

3 ^

Si-

BILL 106 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Employment Standards Act, 1974

Mr. Mackenzie

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

The purpose of the Bill is to reduce the standard work week from
forty-eight hours to forty hours and to require employers to pay overtime
rates for work done in excess of forty hours per week rather than forty- four
hours.

The sections of the Act as amended by this Bill are set out below with
the amended portions shown underlined.

Section 1. Subsection 2 of section 11, as amended, would read as
follows :

(2) Subclause in of clause a_ of subsection 1 does not apply in respect
of the salaried employees of an employer who perform work of a
clerical or administrative nature where the employer makes and keeps
a record showing the number of hours worked by such employees in
excess of eight hours a day and forty hours a week.

Section 2. Section 17, as amended, would read as follows:

17. Except as otherwise provided in this Part, and subject to any schedule
in force under The Industrial Standards .Act, the hours of work of an
employee shall not exceed eight in the day andfo-ty in the week.

Section 3. Section 18, as amended, would read as follows:

18. An employer may, with the approved of the Director, and upon such
terms and conditions as the Director prescribes, adopt a regular day
of work in excess of eight hours but not in excess of twelve hours,
provided that the total hours of work of each employee shall not exceed
f^rly hours in a week.

Section 4. Subsection 3 of section 20, as amended, would read as
follows : ^

(J) The issuance of a permit under this section does not require an
employee to work any hours in excess of those prescribed by section 17
or approved under section 18 without the consent or agreement of
the employee or his agent to hours in excess of eight in the day or forty
in the week.

Section 5. Subsection 1 of section 25, as amended, would read as
follows :

(7) Except as otherwise provided in the regulations, where an employee
works for an employer in excess of forty hours in any week, he shall
be paid for each hour worked in excess uf forty hours overtime pay at an
amount not less than one and one-half limes the regular rate of the
employee.

BILL 106 1977

An Act to amend
The Employment Standards Act, 1974

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

1. Subsection 2 of section 11 of The Employment Standards Act, Ij^inded
1974, being chapter 112, is amended by striking out "forty-four"

in the sixth line and inserting in lieu thereof "forty".

2. Section 17 of the said Act is amended by striking out "forty- si^.

SLIT16I1Q6Q

eight" in the fourth line and inserting in lieu thereof "forty".

3. Section 18 of the said Act is amended by striking out "forty- |jj^|n^g(j
eight" in the fifth line and inserting in lieu thereof "forty".

4. Subsection 3 of section 20 of the said Act is amended by Ij^g^^jjed
striking out "forty-eight" in the fifth Une and inserting in Heu
thereof "forty".

5. Subsection 1 of section 25 of the said Act is amended by amended /
striking out "forty-four" in the third line and in the fourth

line and inserting in Heu thereof in each instance "forty".

6. This Act comes into force on the day it receives Royal Assent. m°e^t"^'^'^^

7. The short title of this Act is The Employment Standards Amend- short title
ment Act, 1977 .

>
o

<-0

?i-

'^*-

Si.

1— »

^
^

1—'

-J

"vi

W
3

3 ==

en rt-
3 p

BILL 107

Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Highway Traffic Act

The Hon. J. W. Snow
Minister of Transportation and Communications

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

Parts VI and VII of the Act regulate the size and weight of vehicles on
the highways.

Part VI as recast, has all references to weight restrictions removed.
The weight restrictions will now be found in Part VII.

The matters that remain in Part VI are vehicle dimension restrictions
(width, height, length), the authority to issue special permits for over-
dimensional vehicles and the authority to make regulations in resjject of the
transportation of dangerous materials. The length permitted without a special
permit is being increased from 65 feet to 68 feet 10 inches.

Special permits issued under Part VI apply to oversized vehicles as
regulated by Part VI and to overweight vehicles as regulated by Part VII.

Over-dimensional farm vehicles are excluded from the basic provisions
of Part VI, but authority is given to deal with them by regulation.

Part VII now will contain the overall weight restrictions. The emphasis
is on axle weight requirements which relate to distribution of load over
axles as opposed to gross loading on vehicles. The departure from the present
Act is in the simplification in determining the weight that may be carried
on axles by eliminating the need for the equation presently found in sec-
tion 74 of the Act and by p)ermitting the reduction of the number of Tables
contained in the Regulations.

In addition, there are changes in the weights and measures found in
both Parts to allow for an easy future conversion to metric equivalents.

BILL 107 1977

An Act to amend The Highway Traffic Act

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

1. Part VI of The Highway Traffic Act, being chapter 202 of the f8fS4Y7^oa)
Revised Statutes of Ontario, 1970, as amended by the re-enacted
Statutes of Ontario, 1973, chapter 45, sections 21, 23 and 24,
1974, chapter 123, sections 17, 18 and 19, 1974, chapter 130,
section 1, 1975 (2nd Session), chapter 6, section 8 and 1976,
chapter 37, sections 8, 9 and 10, is repealed and the following
substituted therefor:

PART VI

LOAD AND DIMENSIONS

64. In this Part, Jo^j?™"

' tation

{a) "over-dimensional farm vehicle" means a farm
tractor, self-prof>elled implement of husbandry, im-
plement of husbandry, or any combination of them,
having a weight, width, length or height in excess
of the limits provided in this Part or Part VII ;

(6) "semi-trailer" means a trailer designed to be operated
with the forward part of its body or chassis resting
upon the body or chassis of a towing vehicle.

65. — (1) Subject to section 66, no vehicle shall have a ^^^ic^^'
greater width than 102 inches while on a highway except,

{a) traction engines, which may have a total width not
exceeding 110 inches; or

(6) motor vehicles and road maintenance machines,
operated by or on behalf of a municipality or other
authority having jurisdiction and control of a

width of
load

highway, where such vehicles are engaged in road
maintenance, including the removal of snow from a
highway.

(2) Subject to section 66, no load on a vehicle shall have a
greater width than 102 inches while on a highway except,

(a) loads of raw forest products which shall not exceed
a total width of 102 inches at point of origin and which
shall not exceed a total width of 110 inches at any
time during transit ; or

(6) loads of loose fodder.

Rear vision
mirrors and
lamps not
Included

(3) Where a commercial motor vehicle is equipped with
one or more rear vision mirrors that extend in whole or
in part beyond either side of the vehicle, or one or more
lamps, required by this Act, that extend in whole or in part
beyond either side of the vehicle, the amount of such
extension shall not be included in determining the maximum
width of the vehicle under subsection 1 .

Load
coveiinf
mechanism
not Included
in width

(4) Where a commercial motor vehicle or trailer is equipped
with a load covering mechanism, extensions in the width of
such vehicle caused by the mechanism shall not be included
in determining the width of the vehicle under subsection 1
where the mechanism does not extend the width of the
vehicle on either side by more than four inches.

Length of
vehicle or
combina-
tion

(5) Subject to section 66, no vehicle, other than a fire
apparatus, a semi-trailer, or a bus, including load, shall
exceed the length of 36 feet 1 inch while on a highway,
and no combination of vehicles, including load, coupled
together shall exceed the total length of 68 feet 10 inches
while on a highway.

Length of
semi-
trailer

(6) Subject to section 66, no semi-trailer, other than a
semi-trailer designed for the carriage of vehicles, shall
exceed the length of 45 feet 10 inches while on a highway
and any extension in the length of a semi-trailer caused by
auxiliary equipment or machinery that is not designed for the
transportation of goods shall not be included in determining
the length thereof.

Length
of bus

(7) No bus shall exceed the length of 41 feet while on a
highway, but an increase in the length of a bus caused by
the addition of a liquid filled or other energy-absorbing
bumper shall not be included in determining the length of
the bus.

(8) The council of a city may by by-law prohibit the J^n^J^th^of"*^
operation of a combination of vehicles having a total length, combina-
including load, in excess of 50 feet while on a highway or a vehicles
portion thereof under its jurisdiction designated in the by-law.

(9) Subject to section 66, no vehicle including load, shall He^^ht of
have a greater height than 13 feet 7 inches while on a
highway.

(10) Every person who contravenes any of the provisions Penalty
of this section is guilty of an offence and on summary
conviction is liable to a fine of not less than $100 and not
more than $500 and, in addition, the permit issued for the
vehicle under section 6 may be suspended for not more than

six months.

66. — (1) The municipal corporation or other authority p®^™^*^
having jurisdiction over the highway may, upon application
in writing, grant a permit for the moving of heavy vehicles,
loads, objects or structures in excess of the dimensional
hmits set out in section 65 or the weight limits set out in
Part VII.

(2) The permit referred to in subsection 1 may be general, g^^^^^^j.
or may limit the time and the particular highway that may limited
be used, and may contain conditions relating to the protection

of persons and property from injury or damage and the
municipal corporation or other authority may require a
bond or other security sufficient to cover the cost of repairing
any possible damage to the highway.

(3) The council of any municipality may, by by-law, J^^g'^^y
provide that a p)ermit referred to in subsection 1 may be issued

by an officer of the corporation named therein.

(4) In the case of a vehicle for which a permit is required J^^p'J^itby
under this section in order to pass over a highway or high- Ministry
ways under the jurisdiction of two or more municipalities or

other authorities, the permit so to do may be issued by the
Ministry, which permit is in lieu of the several permits to be
otherwise obtained from the municipal corporations or other
authorities, and the permit may limit the time and the
particular highway or highways that may be used, and may
contain any special conditions or provisions that may be
considered necessary to protect the highways from damage,
and the Ministry may require a bond or other security
sufficient to cover the cost of repairing possible damage to
the highway.

Responsi-
bility for
damaees
caused to
highway

Condition
of permit

Penalty

Over-
hanging
load

Loading of
commercial
vehicle, etc.

(5) The owner, operator or mover of a heavy vehicle,
load, object or structure in respect of which a p)ermit is
granted under this section is nevertheless responsible for all
damages that may be caused to the highway by reason of
the driving, operating or moving of any such heavy vehicle,
load, object or structure.

(6) It is a condition of every permit issued under this
section that the original of the permit be carried in the vehicle
for which the permit was issued and be produced when
demanded by a police officer or an officer appointed for
carrying out the provisions of this Act.

(7) Every person who operates or permits the operation
of a vehicle or combination of vehicles contrary to any of
the conditions of the permit is guilty of an offence and on
summary conviction is liable to a fine of not less than $100
and not more than $500 and, in addition, if the condition
contravened is in respect of any weight allowed under the
permit, a fine shall be imposed as if the person had not been
issued a permit under this section and had been convicted
of an offence under section 72, 73 or 74 in respect of any
gross vehicle weight, axle unit weight or axle group weight
in excess of the maximum allowable weights permitted under
this Act or the regulations.

67. — (1) Every vehicle carrying a load which overhangs
the rear of the vehicle to the extent of 4 feet 10 inches or
more while on a highway shall display upon such over-
hanging load at the extreme rear end thereof at any time
from one-half hour after sunset to one-half hour before
sunrise, or at any other time when there is insufficient light
or unfavourable atmospheric conditions, a red light, and at
all other times a red flag or a red marker sufficient to
indicate the projection of the load.

(2) No person shall operate or permit to be operated
uf)on a highway any commercial motor vehicle or trailer
unless the load that the vehicle or trailer is carrying is firmly
bound, sufficiently covered, or otherwise secured or loaded,
in such manner that no portion of the load may become
dislodged or fall from the commercial motor vehicle or
trailer.

Regulations

(3) The Lieutenant Governor in Council may make regula-
tions.

{a) prescribing the manner of loading, and of covering
and securing loads on vehicles or classes of vehicles
operated on highways or classes of highways ;

(b) designating the vehicles or classes of vehicles and
the highways or classes of highways to which any
loading, covering or securing provisions are to apply ;
and

(4) Every person who contravenes any of the provisions Penalty
of this section or of a regulation made under subsection 3
is guilty of an offence and on summary conviction is liable to
a fine of not less than $50 and not more than $100 and,
in addition, his driver's licence issued under section 13 and
his permit issued under section 6 may be suspended for a
period of not more than sixty days.

68. — (1) The Lieutenant Governor in Council may "lake J^^^^ia^Jons
regulations, of , ,

o ' explosives,

etc.

{a) classifying and defining explosives and dangerous
materials;

(b) regulating or prohibiting the transportation of
explosives and dangerous materials or any class
thereof by a vehicle on a highway ;

(c) regulating the preparation and packaging of ex-
plosives and dangerous materials or any class
thereof to be transported by a vehicle on a highway ;
and

{d) requiring the labelling of packages and containers
of explosives and dangerous materials or any class
thereof and prescribing the labels to be attached to
such packages and containers.

(2) Any regulation made under subsection 1 may adopt ^"ay^j®*^*'-
bv reference, in whole or in part, with such changes as the adopted by
Lieutenant Governor in Council considers necessary any code

or standard, or any regulation made by the Government of
Canada, and may require compliance with any code, standard
or regulation that is so adopted.

(3) Every person who contravenes any of the provisions Penalty
of a regulation made under this section is guilty of an offence

and on summary conviction is liable to a fine of not less
than $100 and not more than $500 or to imprisonment for a term
of not more than three months, or to both.

dimensional ^^' — ^^^ ^^^ provisions of this Part, other than regulatioi

farm made under this section, do not apply to over-dimensioni

vehicles . ... rr j

exempt farm vehicles.

Regruiations (2) The Lieutenant Governor in Council may make reguU

tions,

(a) regulating or prohibiting the movement of over-
dimensional farm vehicles or classes thereof on a
highway or on classes of highways ;

(6) requiring that escort vehicles or classes of escort
vehicles accompany over-dimensional farm vehicles
or classes thereof on a highway or classes of high
ways;

(c) prescribing the types, specifications and location
of markings, signs and lights that shall be carried by|
over-dimensional farm vehicles and escort vehicles|
or classes of either or both of them on a highway*
or classes of highways ;

{d) prescribing conditions for the movement of over-
dimensional farm vehicles on a highway or classes ol
highways relating to the protection of persons and|
property from injury or damage.

fsfvSi) 2. Part VII of the said Act, as amended by the Statutes of

se-enacted Ontario, 1973, chapter 45, sections 25, 26, 27 and 28, 1974,

chapter 123, section 20, 1974, chapter 130, section 2 and 1976,

chapter 37, sections 11 and 12, and 1977, chapter 1, section 1,

is repealed and the following substituted therefor :

PART VII

WEIGHT

uffoT" 70.-{l) In this Part,

{a) "axle" means an assembly of two or more wheels
whose centres are in one transverse vertical plane
and which are transmitting weight to the highway ; |

{h) "axle group weight" means that part of the gross >
vehicle weight in pounds transmitted to the highway
by a two axle group, three axle group or four axle
group;

(d) "axle unit weight" means that part of the gross
vehicle weight in pounds transmitted to the high-
way by an axle unit ;

(e) "Class A Highway" means a highway designated as
such by the Minister;

(/) "Class B Highway" means a highway not designated
by the Minister as a Class A Highway ;

{g) "dual axle" means any two consecutive axles whose
centres are more than 39.5 inches apart and that,

(i) are articulated from a common attachment to
the vehicle, or

(ii) are designed to automatically equalize the
load between the two axles ;

(h) "four axle group" means four consecutive axles, not
including the front axle of a motor vehicle,

(i) that are entirely within either a motor vehicle
or trailer or semi-trailer, and

(ii) in which the spacings between the con-
secutive axles do not exceed 98.5 inches;

(i) "front axle" means the front axle unit of a motor
vehicle ;

(J) "gross vehicle weight" means the total weight in
pounds transmitted to the highway by a vehicle, or
combination of vehicles, and load;

{k) "over-dimensional farm vehicles" means the same
as it does in Part VI ;

(/) "semi-trailer" means the same as it does in Part VI;

(w) "single axle" means one or more axles whose
centres are included between two parallel trans-
verse vertical planes 39.5 inches apart ;

(«) "tank-truck" means a commercial motor vehicle to
which there is attached or upon which there has
been placed either permanently or otherwise a
closed tank having a capacity of 500 gallons or
more;

(o) "three axle group" means three consecutive axles,i
not including the front axle of a motor vehicle,

(i) that do not form a triple axle within the
meaning of clause p,

(ii) that are entirely within either a motor vehicle
or trailer or semi-trailer,

. (iii) in which the spacings between the con-
secutive axles do not exceed 98.5 inches,
and

(iv) which are not included in a four axle group
within the meaning of clause h ;

[p) "triple axle" means any three consecutive axles
that,

(i) have their consecutive centres equally spaced,
and

(ii) have their consecutive centres more than
39.5 inches apart,

and that,

•(iii) are articulated from an attachment to the
vehicle common to the consecutive axles, or

(iv) are designed to automatically equalize the
load between the three axles under all con-
ditions of loading;

{q) "two axle group" means two consecutive single
axles, not including the front axle of a motor vehicle,

(i) that are entirely within either a motor
vehicle or trailer or semi-trailer,

(ii) in which the spacing between the consecutive
axles is less than 78.5 inches, and

(iii) which are not included in a three axle
group within the meaning of clause o or a
four axle group within the meaning of clause
h.

byMfSfs^er" (^) ^^^ Minister may designate a highway as a Class A

Highway.

(3) The provisions of this Part do not apply to over- dimensional
dimensional farm vehicles. farm

vehicles

(4) Where three consecutive axles that are articulated consecutive
from an attachment to the vehicle common to the con-
secutive axles are not a triple axle within the meaning of

clause p of subsection 1 because their consecutive centres
are not equally spaced, that one of the three consecutive
axles that is most remote from the centre axle of the con-
secutive axles shall be deemed to be a single axle and the
other two axles shall be deemed to be a dual axle.

(5) Where three consecutive axles that are not articulated ^'^^"^
from an attachment to the vehicle common to the con-
secutive axles are not a triple axle within the meaning of
clause p of subsection 1 because their consecutive centres

are not equally spaced, any two of the axles that are articu-
lated from an attachment to the vehicle common to the
two axles shall be deemed to be a dual axle and the third of
the three axles shall be deemed to be a single axle.

(6) The spacing between axles is the shortest distance f|f^gg^
between the centre of rotation of one axle and the centre of axies
rotation of the other.

(7) For the purposes of Tables 1 and 2, the axle spacing ^^l^^^
is the distance measured between the outer axles forming an distance
axle unit.

(8) For the purposes of Tables 3, 4 and 5, the axle group i<*®i"
spacing is the distance measured between the outer axles
forming a two axle group, three axle group or four axle
group.

71. — (1) Subject to section 66, no vehicle, Restiictions

\ I i as to weight

on tiies

{a) equipped with tires of less than 5.9 inches in
width where the weight upon any inch in the width
of the tire exceeds 504 pounds ; or

[h) equipped with tires of 5.9 inches or more in width
where the weight upon any inch in the width of the
tire exceeds 616 pounds,

shall be operated on a highway.

(2) For the purpose of this section, where a tire width "fj^^*"*
has been marked thereon by the manufacturer, the width ascertained
of the tire shall be deemed to be as so marked.

Maximum
allowable
axle unit
weights

72, — (1) Subject to section 66, no vehicle or combination!
of vehicles, unless exempted under the regulations, shall be;
operated on a Class A Highway where the axle unit weight
on an axle unit, whether or not part of any axle group,
exceeds,

(a) for a single axle with single tires, 19,800 pounds;

{b) for a single axle with dual tires, 22,000 pounds;

(c) for a dual axle, that weight shown in Column 2
opposite the corresponding axle spacing shown in
Column 1 of Table 1 ; or

Restriction
of weights
allowed
under subs. 1

Idem

Maximum
allowable
axle group
weights

(d) for a triple axle, that weight shown in Column 2
opposite the corresponding axle spacing shown
in Column 1 of Table 2.

(2) Notwithstanding subsection 1, the maximum allowable
axle unit weight for a dual axle shall not exceed 39,600
pounds unless the axle is equipped with dual tires.

(3) Notwithstanding subsection 1, the maximum allowable
axle unit weight for a triple axle shall not exceed 59,400
pounds unless the axle is equipped with dual tires.

(4) Subject to subsection 1, the maximum allowable
axle unit weight for a single front axle shall not exceed
11,000 pounds unless the driver of a vehicle or combination
of vehicles produces verification in writing as to the manu-
facturer's gross axle weight rating for such single front axle,
and in such case the maximum allowable axle unit weight
on such single front axle shall not exceed the manu-
facturer's gross axle weight rating.

73. Subject to section 66, no vehicle or combination of
vehicles, unless exempted under the regulations, shall be
operated on a Class A Highway where any axle group weight
exceeds,

(a) for a two axle group, that weight shown in Column
2 opposite the corresponding axle group spacing
shown in Column 1 of Table 3 ;

(b) for a three axle group, that weight shown in
Column 2 opposite the corresponding axle group
spacing shown in Column 1 of Table 4 ; or

(c) for a four axle group, that weight shown in Column
2 opposite the corresponding axle group spacing
shown in Column 1 of Table 5.

74. Subject to section 66, no vehicle or combination o^^f^^TbiT
vehicles, unless exempted under the regulations, shall be gross
operated on a Class A Highway where the gross vehicle weights
weight exceeds the least of,

{a) the axle unit weight on the front axle, not exceed-
ing the maximum weight permitted on such axle
under section 72, plus the sum of the maximum
allowable weights for all other axle units of the
vehicle or combination of vehicles as set out in
section 72;

(b) the axle unit weight on the front axle, not exceed-
ing the maximum weight permitted on such axle
under section 72, plus the sum of the maximum
allowable weights for any two axle groups, three
axle groups or four axle groups, or any com-
bination thereof, as set out in section 73, plus the
maximum allowable weight for any axle unit or
units excluding the front axle and excluding any
axle unit or units which are part of an axle group,
as set out in section 72; or

75.— (1) Notwithstanding sections 72, 73, 74 and sub-g^^forest
section 1 of section 77, during freeze-up the maximum allowance
allowable gross vehicle weight for a vehicle or combination freeze-up
of vehicles, while used exclusively for the transportation of
raw forest products, shall be 110 per cent of that weight for
which a permit has been issued for the vehicle or com-
bination of vehicles in accordance with section 6, provided
no axle unit weight, axle group weight or gross vehicle
weight exceeds by more than 10 per cent that weight pre-
scribed in this Act or the regulations for such vehicle or
combination of vehicles.

(2) For the purposes of this section, "freeze-up" shall be ^^^^ernated
such period of time as designated by the Minister and the Minister
Minister may so designate.

(3) No vehicle or combination of vehicles having a weight Prohibition
in excess of that authorized in subsection 1 shall be
operated on a highway.

76. Subject to section 66, no vehicle or combination of ^ operation
vehicles shall be operated on a Class B Highway where theondassB
weight upon one axle exceeds 17,600 pounds, or, if the axles
are spaced less than 7 feet 10 inches apart, where the weight
upon one axle exceeds 12,100 pounds.

Operating:
within
permitted
weight

R.S.0. 1970,
C.392

77. — (1) Subject to subsection 1 of section 16 of The
Public Vehicles Act, no vehicle or combination of vehicles
having a permit issued in accordance with section 6 of this
Act, the fee for which is based upon gross vehicle weight,
shall be of)erated on any highway where the gross vehicle
weight exceeds that for which the permit was issued.

Permit to
be carried re
commercial
motor
vehicle

R.S.0. 1970.
C.375

(2) The permit issued for a commercial motor vehicle
and for every trailer drawn by it, or a true copy thereof,
shall, whenever the vehicle is on a highway, be carried by
the driver thereof or placed in some readily accessible
position in the vehicle and shall be produced when demanded
by a police officer or an officer appointed for carrying out
the provisions of this Act or The Public Commercial Vehicles
Act.

Exception

to SUDS. 1

(3) Notwithstanding subsection 1 and subject to sections
72, 73 and 74, where a conversion unit is used to convert
a two axle tractor into a three axle tractor and the fee pre-
scribed in the regulations in respect of the conversion unit
is paid, the vehicle or combination of vehicles to which the
conversion unit is attached may operate on a highway at a
maximum gross vehicle weight of 15,400 pounds in excess of
the gross vehicle weight for which a permit was issued for
the vehicle or combination of vehicles in accordance with
section 6 and the Ministry shall issue a receipt for the fee
so prescribed and paid.

Receipt re
excess
weight
payment to
oe carried

(4) The receipt issued by the Ministry in accordance with
subsection 3 shall, whenever a vehicle is on a highway with
the conversion unit referred to in subsection 3 attached, be
carried by the driver of the vehicle or placed in some readily
accessible position in the vehicle and shall be produced when
demanded by a police officer or an officer appointed for
carrying out the provisions of this Act or The Public Com-
mercial Vehicles Act.

Weight of
loadduring
March and
April

(5) Subject to section 66, during the months of March
and April no commercial motor vehicle or trailer, other than
a public vehicle, or a two axle tank-truck or two axle truck
while either is used as referred to in subsection 6, shall be
operated or drawn on any portion of the King's Highway
to which the provisions of this subsection are declared
applicable by the Lieutenant Governor in Council or upon
any other highway not within a city or separated town,
where any axle of such commercial motor vehicle or trailer
transmits to the highway a weight in excess of 11,000 pounds,
and the Lieutenant Governor in Council may declare this
subsection to apply.

(6) Subject to section 66, during the months of March "em
and April no two axle tank-truck, while used exclusively

for the transportation of liquid or gaseous heating fuel, and
no two axle truck, while used exclusively for the trans-
portation of live stock feed, shall be operated on any portion
of the King's Highway to which the provisions of sub-
section 5 are declared applicable by the Lieutenant Governor
in Council or upon any other highway not within a city or
separated town, where any axle transmits to the highway a
weight in excess of 16,500 pounds.

(7) Subject to section 66, during the months of March ^e™
and April no vehicle having a carrying capacity in excess

of 2,200 pounds, other than a motor vehicle or trailer, shall
be operated on any portion of the King's Highway to which
the provisions of this subsection are declared to be appli-
cable by the Lieutenant Governor in Council or upon any
other highway not within a city or separated town, where
the weight upon any inch in the width of tire exceeds 280
pounds, and the Lieutenant Governor in Council may declare
this subsection to apply.

(8) Subsections 5 and 7 do not apply to,

(a) a vehicle operated by or on behalf of a munici
pality or other authority having jurisdiction and
control of a highway, where such vehicle is engaged
in highway maintenance, including the carriage and
application of abrasives or chemicals to the highway,
the stockpiling of abrasives or chemicals for use
on a highway, or engaged in the removal of snow
from a highway; or

(6) vehicles used exclusively for the transportation of
milk.

Vehicles
exempt from
provisions
of Bubss. 5, 7

(9) In the case of the King's Highway and highways in ExtenBion of
territory without municipal organization, the Lieutenant Kings
Governor in Council may declare the provisions of sub- etc. ^^^'
sections 5, 7 and 13 to apply during any period of the year.

(10) The municipal corporation or other authority having ^p'j®^^^°° °'
jurisdiction over any highway may declare the provisions of municipality
subsections 5, 7 and 13 to apply to highways under its
jurisdiction during any period of the year.

(11) The Lieutenant Governor in Council may make regu- ||^j'J}*"°°8
lations limiting the gross vehicle weight of any vehicle or weight
any class thereof passing over a bridge forming part of the over bridge
King's Highway or a highway in territory without municipal

By-laws
limiting
weight
passing
over bridge

Penalty

Power of
officer to
have load
weighed

Production

inventory

Power of
officer to
have load
weighed

Power of
officer to
measure
axle space

organization and notice of the limit of the weights fixed by
such regulation, legibly printed, shall be posted up in a con-
spicuous place at each end of the bridge.

(12) The municipal corporation or other authority having
jurisdiction over a bridge may by by-law limit the gross
vehicle weight of any vehicle or any class thereof passing
over such bridge, and the requirements of subsection 1 1 with
respect to the posting up of notice apply thereto.

(13) Every person who contravenes any of the provisions
of subsection 1, 5, 6 or 7 or of a regulation made under
subsection 11 or a by-law made under section 12 is guilty
of an offence and on summary conviction is liable to a fine
as if he had been convicted under section 79 and, in addition,
if the conviction is for a contravention under subsection 1,
the Registrar may suspend the permit issued under section
6 for the vehicle or vehicles involved, and such suspension
shall continue until a new permit at the maximum gross
vehicle weight allowable has been issued for the vehicle or
vehicles and the fee therefor has been paid.

78. — (1) Where a police officer or officer appointed for
carrying out the provisions of this Act has reasonable and
probable grounds to believe that the gross vehicle weight
of a vehicle or combination of vehicles is in excess of the
limits permitted under this Act or the regulations or a permit
issued for the vehicle or combination of vehicles, he may
weigh the same, by means of either portable or stationary
scales, and may require that the vehicle or combination
of vehicles be driven to the nearest weigh scales.

(2) Subsection t does not apply where the driver of a com-
mercial motor vehicle produces an inventory showing the true
gross vehicle weight of the vehicle or combination of vehicles.

(3) Where a police officer or officer appointed for carrying
out the provisions of this Act has reasonable and probable
grounds to question the validity of any documents produced
in accordance with subsection 2, or to believe the axle unit
weight or axle group weight of a vehicle or combination of
vehicles is in excess of the limits permitted under this Act or
the regulations or a permit issued for the vehicle or com-
bination of vehicles, he may weigh the same, by means of
either portable or stationary scales, and may require that
the vehicle or combination of vehicles be driven to the nearest
weigh scales.

(4) To determine whether the gross vehicle weight, axle
unit weight or axle group weight of any vehicle or com-

bination of vehicles is in excess of the Hmits permitted under
this Act or the regulations or the permit issued for the vehicle
or combination of vehicles, the police officer or officer
appointed for carrying out the provisions of this Act may
conduct such examination as is necessary to ascertain the
distance between the axles of the vehicle or combination of
vehicles.

(5) Where it is found that the gross vehicle weight of any 0^^!^ °o
vehicle or combination of vehicles is in excess of that per- require part
mitted under this Act or the regulations or the permit issued removed
for the vehicle or combination of vehicles, the police officer

or officer appointed for carrying out the provisions of this
Act may require the driver to remove so much of the load as
is necessary to ensure compliance with this Act, the regu-
lations and the permit.

(6) Every driver who, Penalty

(a) when required, pursuant to subsection 1 or 3, to
proceed to a weighing machine refuses or fails to do
so;

(b) when required, pursuant to subsection 5, to remove
part of a load refuses or fails to do so or to make
arrangements to do so; or

is guilty of an offence and on summary conviction is liable
to a fine of not less than $50 and not more than $100.

79. Every person who contravenes any of the provisions Penalty
of subsection 1 of section 71, sections 72, 73 and 74, sub-
section 3 of section 75 or section 76 is guilty of an offence and
on summary conviction is liable to a fine of,

(a) $0.91 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act or
the regulations, where the overweight is less than
11,000 pounds, but in no case shall the fine be less
than $50;

(b) $1.82 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act
or the regulations, where the overweight is 11,000
pounds or more but is less than 16,500 pounds;

(c) $2.73 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act
or the regulations, where the overweight is 16,500
pounds or more but is less than 22,000 pounds;

{d) $3.64 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act
or the regulations, where the overweight is 22,000
pounds or more but is less than 33,000 pounds;
and

(e) $4.55 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act
or the regulations, where the overweight is 33,000
pounds or more.

Over- 80. Every consignor of goods, or his agent or employee,

consignor who causes a vehicle or combination of vehicles not owned

by the consignor to be loaded,

(a) knowing that so loaded the weight of the vehicle,
or combination of vehicles, and load when operated
on a highway exceeds the limits for weight in any
of the provisions of subsection 1 of section 71,
section 74 or 75, or in the regulations, or in a permit
referred to in subsection 1 of section 77 ; and

(6) intending that the vehicle or combination of vehicles
so loaded be operated on a highway,

is guilty of an offence and on summary conviction is liable
to a fine as if he had been convicted under section 79.

Regruiations gj fhc Lieutenant Governor in Council may make regu-

lations,

{a) prescribing maximum allowable gross vehicle
weights ;

{b) designating classes of vehicles which are exempt
from the provisions of sections 72, 73 and 74 and
prescribing the weights applicable for the vehicles so
exempted; and

17
TABLE 1

MAXIMUM ALLOWABLE WEIGHT FOR
DUAL AXLE

Column One

Column Two

Axle Spacing
(Inches)

Maximum Allowable Weight

(Pounds)

39.5 to less than 47.0
47.0 to less than 51.0
51.0 to less than 55.0
55.0 to less than 59.0
59.0 to less than 63.0
63.0 to less than 67.0
67.0 to less than 71.0
71.0 or more

34.000
37.000
37.900
38,600
39,500
40,300
41,200
42.100

TABLE 2

MAXIMUM ALLOWABLE WEIGHT FOR
TRIPLE AXLE

Column One

Column Two

Axle Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

78.5 to less than 94.5

94.5 to less than 110.0

110.0 to less than 114.0

114.0 to less than 118.0

118.0 to less than 122.0
122.0 to less than 126.0
126.0 to less than 130.0
130.0 to less than 134.0
134.0 to less than 138.0
138.0 to less than 141.5
141.5 to less than 145.5
145.5 to less than 149.5
149.5 to less than 153.5
153.5 to less than 157.7

157.5 to less than 161.5
161.5 to less than 165.5
165.5 to less than 169.5
169.5 to less than 173.0
173.0 to less than 177.0
177.0 to less than 181.0
181.0 to less than 185.0
185.0 to less than 189.0
189.0 or more

43,000
47,000
47,800
48.500

49,400
50,000
50,900
51,600
52,500
53.100
53,800
54,700
55.300
56.200

56.900
57,800
58,400
59,300
60,000
60,800
61,500
62.400
63.000

TABLE 3

MAXIMUM ALLOWABLE WEIGHT FOR
TWO AXLE GROUP

Column One

Column Two

Axle Group Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

39.5 to less than 47.0
47.0 to less than 51.0
51.0 to less than 55.0
55.0 to less than 59.0
59.0 to less than 63.0
63.0 to less than 67.0
67.0 to less than 71.0
71.0 to less than 75.0
75.0 to less than 78.5

33.100
35.900
36.800
37.500
38,400
39,200
40.100
41.000
42.100

TABLE 4

MAXIMUM ALLOWABLE WEIGHT FOR
THREE AXLE GROUP

Column One

Column Two

Axle Group Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

78.5 to less than 94.5

94.5 to less than 102.5

102.5 to less than 110.0

110.0 to less than 114.0

114.0 to less than 118.0

41.900
45.000
46.300
47.200
47.800

48.500
49.400
50.000
50.700
51.600
52.200
52.900
53.800
54.500
55.100

56.000
56.700
57,300
58.200
58,900
59.500
60.400
61,100
61.700
62.400
63.000

TABLE 5

MAXIMUM ALLOWABLE WEIGHT FOR
FOUR AXLE GROUP

Column One

Column Two

Axle Group Spacing

Maximum Allowable Weight

(Inches)

(Pounds)

less than 141.5

51.800

141.5 to less than 145.5

52,700

145.5 to less than 149.5

53,400

149.5 to less than 153.5

54,200

153.5 to less than 157.5

54,900

157.5 to less than 161.5

55,800

161.5 to less than 165.5

56,700

165.5 to less than 169.5

57,300

169.5 to less than 173.0

58,200

173.0 to less than 177.0

58,900

177.0 to less than 181.0

59,700

181.0 to less than 185.0

60,600

185.0 to less than 189.0

61,300

189.0 to less than 193.0

62,200

193.0 to less than 197.0

62,800

197.0 to less than 201.0

63.700

201.0 to less than 204.5

64,600

204.5 to less than 208.5

65.300

208.5 to less than 212.5

66.100

212.5 to less than 216.5

66.800

216.5 to less than 220.5

67,700

220.5 to less than 224.5

68.600

224.5 to less than 228.5

69.200

228.5 to less than 232.5

70.100

232.5 to less than 236.0

70.800

236.0 to less than 240.0

71.600

240.0 to less than 244.0

72.500

244.0 to less than 248.0

73.200

248.0 to less than 252.0

74.100

252.0 to less than 256.0

74.700

256.0 to less than 260.0

75.600

260.0 to less than 264.0

76.500

264.0 to less than 267.5

77,200

267.5 to less than 271.5

78,000

271.5 to less than 275.5

78,700

275.5 to less than 279.5

79.600

279.5 to less than 283.5

80.500

283.5 to less than 287.5

81.100

287.5 to less than 291.5

82,000

291.5 to less than 295.5

82.900

295.5 or more

83.800

m°ent"*°*^*" ^' — ^^^ ^^^^ ^^^' ^^^ept subsection 4 of section 72 as re-enacted
by section 2, comes into force on the 1st day of January,
1978.

"®™ (2) Subsection 4 of section 72, as re-enacted by section 2,

comes into force on the 1st day of July, 1978.

Short title 4. The short title of this Act is The Highway Traffic Amendment

Act, 1977.

r-t-

■I

3
3

«— 1

1-1-

O
"-1

<-^

C/5

tz:

54.

1— »

<-t-

ffi

cfq'
3*

t-*-

•-I

BILL 107 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Highway Traffic Act

The Hon. J. W. Snow
Minister of Transportation and Communications

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

Parts VI and VII of the Act regulate the size and weight of vehicles on
the highways.

Part VI as recast, has all references to weight restrictions removed.
The weight restrictions will now be found in Part VII.

The matters that remain in Part VI are vehicle dimension restrictions
(width, height, length), the authority to issue special permits for over-
dimensional vehicles and the authority to make regulations in respect of the
transportation of dangerous materials. The length permitted without a special
permit is being increased from 65 feet to 68 feet 10 inches.

Special permits issued under Part VI apply to oversized vehicles as
regulated by Part VI and to overweight vehicles as regulated by Part VII.

Over-dimensional farm vehicles are excluded from the basic provisions
of Part VI, but authority is given to deal with them by regulation.

Part VII now will contain the overall weight restrictions. The emphasis
is on axle weight requirements which relate to distribution of load over
axles as opposed to gross loading on vehicles. The departure from the present
Act is in the simplification in determining the weight that may be carried
on axles by eliminating the need for the equation presently found in sec-
tion 74 of the Act and by permitting the reduction of the number of Tables
contained in the Regulations.

In addition, there are changes in the weights and measures found in
both Parts to allow for an easy future conversion to metric equivalents.

BILL 107 1977

An Act to amend The Highway Traffic Act

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

1. Part VI of The Highway Traffic Act, being chapter 202 of the P|i-tvi^^^
Revised Statutes of Ontario, 1970, as amended by the re-enacted
Statutes of Ontario, 1973, chapter 45, sections 21, 23 and 24,
1974, chapter 123, sections 17, 18 and 19, 1974, chapter 130,
section 1, 1975 (2nd Session), chapter 6, section 8 and 1976,
chapter 37, sections 8, 9 and 10, is repealed and the following
substituted therefor:

PART VI

LOAD AND DIMENSIONS

64. In this Part, interpre-

tation

(a) "over-dimensional farm vehicle" means a farm
tractor, self-prop>elled implement of husbandry, im-
plement of husbandry, or any combination of them,
having a weight, width, length or height in excess
of the limits provided in this Part or Part VII ;

{b) "semi-trailer" means a trailer designed to be operated
with the forward part of its body or chassis resting
upon the body or chassis of a towing vehicle.

65. — (1) Subject to section 66, no vehicle shall have a ^^101°^
greater width than 102 inches while on a highway except,

(a) traction engines, which may have a total width not
exceeding 110 inches; or

{b) motor vehicles and road maintenance machines,
operated by or on behalf of a municipality or other
authority having jurisdiction and control of a

width of
load

highway, where such vehicles are engaged in road
maintenance, including the removal of snow from a
highway.

(2) Subject to section 66, no load on a vehicle shall have a
greater width than 102 inches while on a highway except,

(a) loads of raw forest products which shall not exceed
a total width of 102 inches at point of origin and which
shall not exceed a total width of 110 inches at any,
time during transit ; or •

(b) loads of loose fodder.

Rear vision
mirrors and
lamps not
included

(3) Where a commercial motor vehicle is equipped with
one or more rear vision mirrors that extend in whole or
in part beyond either side of the vehicle, or one or more
lamps, required by this Act, that extend in whole or in part ^
beyond either side of the vehicle, the amount of such
extension shall not be included in determining the maximum 1
width of the vehicle under subsection 1 .

Load
covering
mechanism
not included
in width

Lengrth of
vehicle or
combina-
tion

(5) Subject to section 66, no vehicle, other than a fire
apparatus, a semi-trailer, or a bus, including load, shall
exceed the length of 35 feet while on a highway, and no
combination of vehicles, including load, coupled together
shall exceed the total length of 68 feet 10 inches while on a
highway.

Length of
semi-
trailer

Length
of bos

(6) Subject to section 66, no semi-trailer, other than a
semi-trailer designed for the carriage of vehicles, shall
exceed the length of 45 feet while on a highway and any
extension in the length of a semi-trailer caused by auxiliary
equipment or machinery that is not designed for the trans-
portation of goods shall not be included in determining the
length thereof.

(7) No bus shall exceed the length of 40 feet while on a
highway, but an increase in the length of a bus caused by
the addition of a hquid filled or other energy-absorbing
bumper shall not be included in determining the length of
the bus.

(8) The council of a city may by by-law prohibit the J^n^^^'^of^^
operation of a combination of vehicles having a total length, combina-
including load, in excess of 50 feet while on a highway or a vehicles
portion thereof under its jurisdiction designated in the by-law.

(9) Subject to section 66, no vehicle including load, shall ^^^^^^°^
have a greater height than 13 feet 6 inches while on a
highway.

six months.

66. — (1) The municipal corporation or other authority Permits
having jurisdiction over the highway may, upon application
in writing, grant a permit for the moving of heavy vehicles,
loads, objects or structures in excess of the dimensional
limits set out in section 65 or the weight limits set out in
Part VII.

(2) The permit referred to in subsection 1 may be general, !'|n^aTor
or may limit the time and the particular highway that may limited
be used, and may contain conditions relating to the protection

(3) The council of any municipality may, by by-law, ]^°g'"*y
provide that a permit referred to in subsection 1 may be issued

by an officer of the corporation named therein.

(4) In the case of a vehicle for which a permit is required J^rmitby
under this section in order to pass over a highway or high- Ministry
ways under the jurisdiction of two or more municipalities or

other authorities, the pjermit so to do may be issued by the
Ministry, which permit is in lieu of the several permits to be
otherwise obtained from the municipal corporations or other
authorities, and the permit may limit the time and the
particular highway or highways that may be used, and may
contain any special conditions or provisions that may be
considered necessary to protect the highways from damage,
and the Ministry may require a bond or other security
sufficient to cover the cost of repairing possible damage to
the highway.

Responsi-
bility for
damages
caused to
highway

Condition
of permit

Penalty

Over-
hanging
load

Loading of
commercial
vehicle, etc.

(5) The owner, operator or mover of a heavy vehicle,
load, object or structure in respect of which a permit is
granted under this section is nevertheless responsible for all
damages that may be caused to the highway by reason of
the driving, operating or moving of any such heavy vehicle,
load, object or structure.

(2) No person shall operate or permit to be operated ;
upon a highway any commercial motor vehicle or trailer
unless the load that the vehicle or trailer is carrying is firmly
bound, sufficiently covered, or otherwise secured or loaded,
in such manner that no portion of the load may become
dislodged or fall from the commercial motor vehicle or
trailer.

Regulations

(3) The Lieutenant Governor in Council may make regula-
tions,

(a) prescribing the manner of loading, and of covering
and securing loads on vehicles or classes of vehicles
operated on highways or classes of highways ;

(b) designating the vehicles or classes of vehicles and
the highways or classes of highways to which any
loading, covering or securing provisions are to apply ;
and

(f) prescribing classes of vehicles, highways and loads
for the purposes of clauses a and b.

68.— (1) The Lieutenant Governor in Council may make ^^uiations

^ ' -^ re carnage

regulations, of

° explosives.

etc.

(a) classifying and defining explosives and dangerous
materials ;

(b) regulating or prohibiting the transportation of
explosives and dangerous materials or any class
thereof by a vehicle on a highway ;

(c) regulating the preparation and packaging of ex-
plosives and dangerous materials or any class
thereof to be transported by a vehicle on a highway ;
and

(d) requiring the labelling of packages and containers
of explosives and dangerous materials or any class
thereof and prescribing the labels to be attached to
such packages and containers.

(2) Any regulation made under subsection 1 may adopt ^^^•^■•
by reference, in whole or in part, with such changes as the adopted by
Lieutenant Governor in Council considers necessary any code

or standard, or any regulation made by the Government of
Canada, and may require compliance with any code, standard
or regulation that is so adopted.

(3) Every person who contravenes any of the provisions Pen»ity
of a regulation made under this section is guilty of an offence

and on summary conviction is liable to a fine of not less
than $100 and not more than $500 or to imprisonment for a term
of not more than three months, or to both.

Over-
dimensional
farm
vehicles
exempt

69. — (1) The provisions of this Part, other than regulations
made under this section, do not apply to over-dimensional
farm vehicles.

Regulations

(2) The Lieutenant Governor in Council may make regula-
tions,

8.65(1.2.5.6,
7. 9),
re-enacted

Width of
vehicle

Width of
load

{a) regulating or prohibiting the movement of over-
dimensional farm vehicles or classes thereof on a
highway or on classes of highways ;

(b) requiring that escort vehicles or classes of escort
vehicles accompany over-dimensional farm vehicles
or classes thereof on a highway or classes of high- ^
ways;

(c) prescribing the types, specifications and locations
of markings, signs and lights that shall be carried by
over-dimensional farm vehicles and escort vehicles
or classes of either or both of them on a highway
or classes of highways ;

(d) prescribing conditions for the movement of over-
dimensional farm vehicles on a highway or classes of
highways relating to the protection of persons and
property from injury or damage.

2. On the 1st day of April, 1978, subsections 1, 2, 5, 6, 7 and 9
of section 65 of The Highway Traffic Act, as re-enacted by
section 1 of this Act, are repealed and the following substituted
therefor :

(1) Subject to section 66, no vehicle shall have a greater
width than 102-23/64 inches while on a highway except,

{a) traction engines, which may have a total width not
exceeding 110-15/64 inches; or

(b) motor vehicles and road maintenance machines,
operated by or on behalf of a municipality or other
authority having jurisdiction and control of a high-
way, where such vehicles are engaged in road main-
tenance, including the removal of snow from a
highway.

(2) Subject to section 66, no load on a vehicle shall have
a greater width than 102-23/64 inches while on a highway
except,

(a) loads of raw forest products which shall not exceed
a total width of 102-23/64 inches at point of origin
and which shall not exceed a total width of 1 10-15/64
inches at any time during transit ; or

(b) loads of loose fodder.

(5) Subject to section 66, no vehicle, other than a fire length of

^ ' J ... vehicle or

apparatus, a semi-trailer, or a bus, including load, shall combination
exceed the length of 36 feet 1-1/16 inches while on a highway,
and no combination of vehicles, including load, coupled
together shall exceed the total length of 68 feet 10-49/64
inches while on a highway.

(6) Subject to section 66, no semi-trailer, other than a semi- ^emf-\^aner
trailer designed for the carriage of vehicles, shall exceed the

length of 45 feet 11-11/64 inches while on a highway and any
extension in the length of a semi-trailer caused by auxiliary
equipment or machinery that is not designed for the trans-
portation of goods shall not be included in determining the
length thereof.

(7) No bus shall exceed the length of 41 feet ^ inch while ^ength
on a highway, but an increase in the length of a bus caused

by the addition of a hquid filled or other energy-absorbing
bumf)er shall not be included in determining the length of
the bus.

(9) Subject to section 66, no vehicle including load, shall ^^1^^^^°^
have a greater height than 13 feet 7% inches while on a
highway. "^Pl

3. Part VII of the said Act, as amended by the Statutes of Pa""!^ vj},
Ontario, 1973, chapter 45, sections 25, 26, 27 and 28, 1974, re-enacted
chapter 123, section 20, 1974, chapter 130, section 2 and 1976,
chapter 37, sections 11 and 12, and 1977, chapter 1, section 1,
is repealed and the following substituted therefor :

PART VII

WEIGHT

70.-(l) In this Part, [Ht^^^-

(a) "axle" means an assembly of two or more wheels
whose centres are in one transverse vertical plane
and which are transmitting weight to the highway ;

(b) "axle group weight" means that part of the gross
vehicle weight in pounds transmitted to the highway
by a two axle group, three axle group or four axle
group ;

(d) "axle unit weight" means that part of the gross
vehicle weight in pounds transmitted to the high-
way by an axle unit ;

(e) "Class A Highway" means a highway designated as
such by the Minister;

(/) "Class B Highway" means a highway not designated
by the Minister as a Class A Highway ;

(g) "dual axle" means any two consecutive axles whose
centres are more than 39.5 inches apart and that,

(i) are articulated from a common attachment to
the vehicle, or

(ii) are designed to automatically equalize the
load between the two axles ;

(h) "four axle group" means four consecutive axles, not
including the front axle of a motor vehicle,

(i) that are entirely within either a motor vehicle
or trailer or semi-trailer, and

(ii) in which the spacings between the con-
secutive axles do not exceed 98.5 inches ;

(i) "front axle" means the front axle unit of a motor
vehicle ;

(j) "gross vehicle weight" means the total weight in
pounds transmitted to the highway by a vehicle, or
combination of vehicles, and load;

(k) "over-dimensional farm vehicles" means the same
as it does in Part VI ;

(/) "semi-trailer" means the same as it does in Part VI ;

(w) "single axle" means one or more axles whose
centres are included between two parallel trans-
verse vertical planes 39.5 inches apart;

(o) "three axle group" means three consecutive axles,
not including the front axle of a motor vehicle,

(i) that do not form a triple axle within the
meaning of clause p,

(ii) that are entirely within either a motor vehicle
or trailer or semi-trailer,

(iii) in which the spacings between the con-
secutive axles do not exceed 98.5 inches,
and

(iv) which are not included in a four axle group
within the meaning of clause h ;

ip) "triple axle" means any three consecutive axles
that,

(i) have their consecutive centres equally spaced,
and

(ii) have their consecutive centres more than
39.5 inches apart,

and that,

(iii) are articulated from an attachment to the
vehicle common to the consecutive axles, or

(iv) are designed to automatically equalize the
load between the three axles under all con-
ditions of loading;

{q) "two axle group" means two consecutive single
axles, not including the front axle of a motor vehicle,

(i) that are entirely within either a motor
vehicle or trailer or semi-trailer,

(ii) in which the spacing between the consecutive
axles is less than 78.5 inches, and

(iii) which are not included in a three axle
group within the meaning of clause o or a
four axle group within the meaning of clause
h.

Desi&rnation
by Minister

(2) The Minister may designate a highway as a Class A
Highway.

Over-

dlmenslonal
farm
vehicles

Consecutive
axles

(3) The provisions of this Part do not apply to over-
dimensional farm vehicles.

(4) Where three consecutive axles that are articulated
from an attachment to the vehicle common to the con-
secutive axles are not a triple axle within the meaning of
clause p of subsection 1 because their consecutive centres
are not equally spaced, that one of the three consecutive
axles that is most remote from the centre axle of the con-
secutive axles shall be deemed to be a single axle and the
other two axles shall be deemed to be a dual axle.

Idem

(5) Where three consecutive axles that are not articulated
from an attachment to the vehicle common to the con-
secutive axles are not a triple axle within the meaning of
clause p of subsection 1 because their consecutive centres
are not equally spaced, any two of the axles that are articu-
lated from an attachment to the vehicle common to the
two axles shall be deemed to be a dual axle and the third of
the three axles shall be deemed to be a single axle.

Spacing
between
axles

(6) The spacing between axles is the shortest distance
between the centre of rotation of one axle and the centre of
rotation of the other.

Axle

spacing

distance

(7) For the purposes of Tables 1 and 2, the axle spacing
is the distance measured between the outer axles forming an
axle unit.

Idem

(8) For the purposes of Tables 3, 4 and 5, the axle group
spacing is the distance measured between the outer axles
forming a two axle group, three axle group or four axle
group.

Restrictions
as to weight
on tires

71. — (1) Subject to section 66, no vehicle,

(a) equipped with tires of less than 5.9 inches in
width where the weight upon any inch in the width
of the tire exceeds 504 pounds ; or

(b) equipped with tires of 5.9 inches or more in width
where the weight upon any inch in the width of the
tire exceeds 616 pounds,

shall be operated on a highway.

(2) For the purpose of this section, where a tire width ^f^^*""®
has been marked thereon by the manufacturer, the width ascertained
of the tire shall be deemed to be as so marked.

72. — (1) Subject to section 66, no vehicle or combination ^f^^^^,^
of vehicles, unless exempted under the regulations, shall beaxieunit
operated on a Class A Highway where the axle unit weight
on an axle unit, whether or not part of any axle group,
exceeds,

(a) for a single axle with single tires, 19,800 pounds;
{b) for a single axle with dual tires, 22,000 pounds;

(c) for a dual axle, that weight shown in Column 2
opposite the corresponding axle spacing shown in
Column 1 of Table 1 ; or

(d) for a triple axle, that weight shown in Column 2
opposite the corresponding axle spacing shown

. in Column 1 of Table 2.

(2) Notwithstanding subsection 1 , the maximum allowable Jf®^*e?°^J°°
axle unit weight for a dual axle shall not exceed 39,600 auowed
pounds unless the axle is equipped with dual tires.

(3) Notwithstanding subsection 1 , the maximum allowable ^^^^
axle unit weight for a triple axle shall not exceed 59,400
pounds unless the axle is equipped with dual tires.

(4) Subject to subsection 1, the maximum allowable ^*^®"^
axle unit weight for a single front axle shall not exceed
11,000 pounds unless the driver of a vehicle or combination

of vehicles produces verification in writing as to the manu-
facturer's gross axle weight rating for such single front axle,
and in such case the maximum allowable axle unit weight
on such single front axle shall not exceed the manu-
facturer's gross axle weight rating.

73. Subject to section 66, no vehicle or combination of JjfoiabiT
vehicles, unless exempted under the regulations, shall be *g\^|[^"P
operated on a Class A Highway where any axle group weight
exceeds,

Maximum

allowable

gross

vehicle

weights

(a) for a two axle group, that weight shown in Column
2 opposite the corresponding axle group spacinj,'
shown in Column 1 of Table 3 ;

{b) for a three axle group, that weight shown in
Column 2 opposite the corresponding axle group
spacing shown in Column 1 of Table 4 ; or

(c) for a four axle group, that weight shown in Column
2 opposite the corresponding axle group spacing
shown in Column 1 of Table 5.

74. — (1) Subject to section 66, no vehicle or combination of
vehicles, unless exempted under the regulations, shall be
operated on a Class A Highway where the gross vehicle
weight exceeds the least of, ^

(a) the axle unit weight on the front axle, not exceed-
ing the maximum weight permitted on such axle'
under section 72, plus the sum of the maximum
allowable weights for all other axle units of the
vehicle or combination of vehicles as set out in
section 72;

{b) the axle unit weight on the front axle, not exceed-
ing the maximum weight permitted on such axle
under section 72, plus the sum of the maximum
allowable weights for any two axle groups, three
axle groups or four axle groups, or any com-
bination thereof, as set out in section 73, plus the
maximum allowable weight for any axle unit or
units excluding the front axle and excluding any
axle unit or units which are part of an axle group,
as set out in section 72 ; or

Exception

to SUDS. 1

Where
subs. 2
does not
apply

{c) that weight prescribed in the regulations.

(2) Where the weight permitted under clause c of sub-
section 1 is the least and where the weight permitted a
vehicle or combination of vehicles under this subsection as
it existed on the 31st day of December, 1977 exceeds by 1,000
pounds or more the weight permitted under subsection 1 on
or after the 1st day of January, 1978, the Minister may
grant a special gross vehicle weight authority permitting the
vehicle or combination of vehicles to operate on a Class A
Highway at the gross vehicle weight set out in the authority,
but no authority issued under this subsection shall permit
a gross vehicle weight in excess of 140,000 pounds. I

(3) Subsection 2 does not apply, |

{a) in respect of a single commercial motor vehicle,
other than a tractor, which was manufactured after
the 31st day of March, 1978; or

(b) in respect of a combination of a tractor and other
vehicles, the vehicle directly attached to the tractor,
which was manufactured after the 31st day of
March, 1978.

(4) An application for an authority under subsection 2 shall f^^^ uthorit
be made in accordance with the terms and conditions pre-
scribed by regulation and shall be made not later than the

30th day of June, 1978.

(5) The driver of a vehicle or combination of vehicles Driver to

^ ' , . 1 1 • • 1 produce

bemg operated on a highway under an authority issued pur- authority
suant to subsection 2 shall produce, when demaned by a
police officer or an officer appointed for carrying out the
provisions of this Act, the authority or a true copy thereof.

(6) Every person who operates or permits the operation Penalty
of a vehicle or combination of vehicles under an authority
issued pursuant to subsection 2 where the gross vehicle weight
exceeds the gross vehicle weight permitted by the authority

is guilty of an offence and on summary conviction a fine
shall be imposed as if the person had not been issued the
authority and had been convicted of an offence under sub-
section 1 in respect of any gross vehicle weight in excess of
the weight permitted under subsection 1.

(7) Where a vehicle or combination of vehicles for which ^^ho^i-jty
an authority is issued pursuant to subsection 2 is operated ^oes not
upon a highway while the weight on the front axle of the
vehicle or combination of vehicles varies by more than 1,000
pounds from the weight specified for the front axle on the
authority, then the authority shall be deemed not to apply.

(8) An authority issued under subsection 2 expires with authority
the 31st day of December, 1986.

(9) The Lieutenant Govemor in Council may make regu- Regulations
lations prescribing,

(a) the manner in which an application may be sub-
mitted and the information to be provided ;

{b) the conditions precedent to the issuance of an
authority pursuant to this section;

(d) fees for processing appHcations; and

(e) the gross vehicle weights to be set out in any
authority issued pursuant to this section and the
method of calculating such weight.

Raw forest
products
allowance
during
freeze- up

Designated

Minister

Prohibition

Prohibition
re operation
on Class B
Highway

75, — (1) Notwithstanding sections 72, 73, 74 and sub-
section 1 of section 77, during freeze-up the maximum
allowable gross vehicle weight for a vehicle or combination
of vehicles, while used exclusively for the transportation of
raw forest products, shall be 110 per cent of that weight for
which a permit has been issued for the vehicle or com-
bination of vehicles in accordance with section 6, provided
no axle unit weight, axle group weight or gross vehicle
weight exceeds by more than 10 per cent that weight pre-
scribed in this Act or the regulations for such vehicle or
combination of vehicles.

(2) For the purposes of this section, the Minister may
designate by regulation the date on which a "freeze-up" shall
commence and the date on which a "freeze-up" shall terminate.

(3) No vehicle or combination of vehicles having a weight

in excess of that authorized in subsection
operated on a highway.

1 shall be

76. Subject to section 66, no vehicle or combination of
vehicles shall be operated on a Class B Highway where the
weight upon one axle exceeds 18,000 pounds, or, if the axles
are spaced less than 7 feet 10 inches apart, where the weight
upon one axle exceeds 12,100 pounds.

Operating
within
permitted
weight

R.S.0. 1970.
C.392

77. — (1) Subject to subsection 1 of section 16 of The
Public Vehicles Act, no vehicle or combination of vehicles
having a permit issued in accordance with section 6 of this
Act, the fee for which is based upon gross vehicle weight,
shall be operated on any highway where the gross vehicle
weight exceeds that for which the permit was issued.

Permit to
be carried re
commercial
motor
vehicle

the provisions of this Act or The Public Commercial Vehicles ^fj^- ^^''°'
Ad.

(3) Notwithstanding subsection 1 and subject to sections |^^^®g^^°°
72, 73 and 74, where a conversion unit is used to convert

a two axle tractor into a three axle tractor and the fee pre-
scribed in the regulations in respect of the conversion unit
is paid, the vehicle or combination of vehicles to which the
conversion unit is attached may operate on a highway at a
maximum gross vehicle weight of 15,400 pounds in excess of
the gross vehicle weight for which a permit was issued for
the vehicle or combination of vehicles in accordance with
section 6 and the Ministry shall issue a receipt for the fee
so prescribed and paid.

(4) The receipt issued by the Ministry in accordance with Excess '^'^^
subsection 3 shall, whenever a vehicle is on a highway with weight

1 • • r 1 • 1 •'•111 payment to

the conversion unit referred to in subsection 3 attached, be be carried
carried by the driver of the vehicle or placed in some readily
accessible position in the vehicle and shall be produced when
demanded by a police officer or an officer appointed for
carrying out the provisions of this Act or The Public Com-
mercial Vehicles Act.

(5) Subject to section 66, during the months of March i^l^^uring
and April no commercial motor vehicle or trailer, other than March and
a public vehicle, or a two axle tank-truck or two axle truck

while either is used as referred to in subsection 6, shall be
operated or drawn on any portion of the King's Highway
to which the provisions of this subsection are declared
applicable by the Lieutenant Governor in Council or upon
any other highway not within a city or separated town,
where any axle of such commercial motor vehicle or trailer
transmits to the highway a weight in excess of 11,000 pounds,
and the Lieutenant Governor in Council may declare this
subsection to apply.

(6) Subject to section 66, during the months of March ^<*«™
and April no two axle tank-truck, while used exclusively

(7) Subject to section 66, during the months of March i**®"
and April no vehicle having a carrying capacity in excess

Vehicles
exempt from
provisions
of sabss. 5. 7

(8) Subsections 5 and 7 do not apply to,

(a) a vehicle operated by or on behalf of a munici-
pality or other authority having jurisdiction and
control of a highway, where such vehicle is engaged
in highway maintenance, including the carriage and
application of abrasives or chemicals to the highway,
the stockpiling of abrasives or chemicals for use
on a highway, or engaged in the removal of snow
from a highway; or

(b) vehicles used exclusively for the transportation of
milk.

Extension of
period on
King's
Highway,
etc.

(9) In the case of the King's Highway and highways in
territory without municipal organization, the Lieutenant
Governor in Council may declare the provisions of sub-
sections 5, 7 and 13 to apply during any period of the year.

Extension of
period by
municipality

(10) The municipal corporation or other authority having
jurisdiction over any highway may declare the provisions of
subsections 5, 7 and 13 to apply to highways under its
jurisdiction during any period of the year.

Regulations
limiting
weight
passing
over bridge

By-laws
limiting
weight
passing
over bridge

Penalty

(11) The Lieutenant Governor in Council may make regu-
lations limiting the gross vehicle weight of any vehicle or
any class thereof passing over a bridge forming part of the
King's Highway or a highway in territory without municipal
organization and notice of the limit of the weights fixed by
such regulation, legibly printed, shall be posted up in a con-
spicuous place at each end of the bridge.

(12) The municipal corporation or other authority having
jurisdiction over a bridge may by by-law limit the gross
vehicle weight of any vehicle or any class thereof passing
over such bridge, and the requirements of subsection 11 with
respect to the posting up of notice apply thereto.

(13) Every person who contravenes any of the provisions
of subsection 1, 5, 6 or 7 or of a regulation made under
subsection 11 or a by-law made under section 12 is guilty

of an offence and on summary conviction is liable to a fine
as if he had been convicted under section 79 and, in addition,
if the conviction is for a contravention under subsection 1,
the Registrar may suspend the permit issued under section
6 for the vehicle or vehicles involved, and such suspension
shall continue until a new permit at the maximum gross
vehicle weight allowable has been issued for the vehicle or
vehicles and the fee therefor has been paid.

78.— (1) Where a police officer or officer appointed for ^^^^°^
carrying out the provisions of this Act has reasonable and have load

weiehed

probable grounds to believe that the gross vehicle weight
of a vehicle or combination of vehicles is in excess of the
limits permitted under this Act or the regulations or a permit
issued for the vehicle or combination of vehicles, he may
weigh the same, by means of either portable or stationary
scales, and may require that the vehicle or combination
of vehicles be driven to the nearest weigh scales.

(2) Subsection t does not apply where the driver of a com- Production
mercial motor vehicle produces an inventory showing the true inventory
gross vehicle weight of the vehicle or combination of vehicles.

(3) Where a police officer or officer appointed for carrying p^^|J °^
out the provisions of this Act has reasonable and probable have load
grounds to question the validity of any documents produced

in accordance with subsection 2, or to believe the axle unit
weight or axle group weight of a vehicle or combination of
vehicles is in excess of the limits permitted under this Act or
the regulations or a permit issued for the vehicle or com-
bination of vehicles, he may weigh the same, by means of
either portable or stationary scales, and may require that
the vehicle or combination of vehicles be driven to the nearest
weigh scales.

(4) To determine whether the gross vehicle weight, axle p^'^IJ; °f
unit weight or axle group weight of any vehicle or com- measure
bination of vehicles is in excess of the hmits permitted under

this Act or the regulations or the permit issued for the vehicle
or combination of vehicles, the police officer or officer
apix)inted for carrying out the provisions of this Act may
conduct such examination as is necessary to ascertain the
distance between the axles of the vehicle or combination of
vehicles.

(5) Where it is found that the gross vehicle weight of any Pow|rof
vehicle or combination of vehicles is in excess of that per- reouire part

, , , . . , , . , . . '^ . of load

mitted under this Act or the regulations or the permit issued removed
for the vehicle or combination of vehicles, the police officer
or officer appointed for carrying out the provisions of this

Act may require the driver to remove so much of the load as
is necessary to ensure comphance with this Act, the regu-
lations and the permit.

Pen»i^y (6) Every driver who,

(a) when required, pursuant to subsection 1 or 3, to
proceed to a weighing machine refuses or fails to do
so;

(b) when required, pursuant to subsection 5, to remove
part of a load refuses or fails to do so or to make
arrangements to do so; or

is guilty of an offence and on summary conviction is liable
to a fine of not less than $50 and not more than $100.

Penalty 79 Every person who contravenes any of the provisions

of subsection 1 of section 71, sections 72, 73 and 74, sub-
section 3 of section 75 or section 76 is guilty of an offence and
on summary conviction is liable to a fine of,

{e) $4.55 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act
or the regulations, where the overweight is 33,000
pounds or more.

80. Every consignor of goods, or his agent or employee, j^^®^^ ^
who causes a vehicle or combination of vehicles not owned consignor
by the consignor to be loaded,

(6) intending that the vehicle or combination of vehicles
so loaded be operated on a highway,

is guilty of an offence and on summary conviction is liable
to a fine as if he had been convicted under section 79.

81. The Lieutenant Governor in Council may make regu- ^^^*"°°^
lations,

(a) prescribing maximum allowable gross vehicle
weights ;

(6) designating classes of vehicles which are exempt
from the provisions of sections 72, 73 and 74 and
prescribing the weights applicable for the vehicles so
exempted; and

20
TABLE 1

MAXIMUM ALLOWABLE WEIGHT FOR
DUAL AXLE

Column One

Column Two

Axle Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

39.5 to less than 47.0
47.0 to less than 51.0
51.0 to less than 55.0
55.0 to less than 59.0
59.0 to less than 63.0
63.0 to less than 67.0
67.0 to less than 71.0
71.0 or more

34.000
37.000
37,900
38,600
39,500
40,300
41,200
42,100

TABLE 2

MAXIMUM ALLOWABLE WEIGHT FOR
TRIPLE AXLE

Column One

Column Two

Axle Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

78.5 to less than 94.5

94.5 to less than 110.0

110.0 to less than 114.0

114.0 to less than 118.0

43,000
47,000
47,800
48.500

49.400
50,000
50,900
51,600
52,500
53,100
53,800
54,700
55,300
56,200

56,900
57.800
58.400
59.300
60.000
60.800
61.500
62.400
63,000

TABLE 3

MAXIMUM ALLOWABLE WEIGHT FOR
TWO AXLE GROUP

Column One

Column Two

Axle Group Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

33,100
35,900
36.800
37,500
38,400
39,200
40,100
41,000
42,100

TABLE 4

MAXIMUM ALLOWABLE WEIGHT FOR
THREE AXLE GROUP

Column One

Column Two

Axle Group Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

78.5 to less than 94.5

94.5 to less than 102.5

102.5 to less than 110.0

110.0 to less than 114.0

114.0 to less than 118.0

41,900
45,000
46,300
47,200
47,800

48,500
49,400
50,000
50,700
51,600
52,200
52,900
53,800
54,500
55,100

56,000
56,700
57,300
58.200
58.900
59,500
60,400
61,100
61,700
62,400
63,000

22
TABLE 5

MAXIMUM ALLOWABLE WEIGHT FOR
FOUR AXLE GROUP

Column One

Column Two

Axle Group Spacing

Maximum Allowable Weight

(Inches)

(Pounds)

less than 141.5

51,800

141.5 to less than 145.5

52,700

145.5 to less than 149.5

53,400

149.5 to less than 153.5

54,200

153.5 to less than 157.5

54,900

157.5 to less than 161.5

55.800

161.5 to less than 165.5

56,700

165.5 to less than 169.5

57,300

169.5 to less than 173.0

58,200

173.0 to less than 177.0

58,900

177.0 to less than 181.0

59,700

181.0 to less than 185.0

60,600

185.0 to less than 189.0

61,300

189.0 to less than 193.0

62,200

193.0 to less than 197.0

62,800

197.0 to less than 201.0

63,700

201.0 to less than 204.5

64,600

204.5 to less than 208.5

65,300

208.5 to less than 212.5

66,100

212.5 to less than 216.5

66,800

216.5 to less than 220.5

67,700

220.5 to less than 224.5

68,600

224.5 to less than 228.5

69,200

228.5 to less than 232.5

70,100

232.5 to less than 236.0

70.800

236.0 to less than 240.0

71,600

240.0 to less than 244.0

72,500

244.0 to less than 248.0

73,200

248.0 to less than 252.0

74,100

252.0 to less than 256.0

74,700

256.0 to less than 260.0

75,600

260.0 to less than 264.0

76,500

264.0 to less than 267.5

77,200

267.5 to less than 271.5

78,000

271.5 to less than 275.5

78,700

275.5 to less than 279.5

79,600

279.5 to less than 283.5

80,500

283.5 to less than 287.5

81,100

287.5 to less than 291.5

82,000

291.5 to less than 295.5

82,900

295.5 or more

83.800

4. — (1) This Act, except subsection 4 of section 72 as re-enacted ^°^^®°^®'
by section 3, comes into force on the 1st day of January,
1978.

(2) Subsection 4 of section 72, as re-enacted by section 3, ^^^^
comes into force on the 1st day of July, 1978.

5. The short title of this Act is The Highway Traffic Amendment short title
Act, 1977.

^_^

r*.

<s»

r«»

«^

«>■.

»•

«»

«,

15:

««•.

«»

«>

2 ^

2 o

Si-

►-^

?4-

C/5

ft
■-1

55-

•-t

I— '

r-K

OTQ

H^>

1— k

-J

-vj

>
3

0^'
3*

P
^

-1

BILL 107

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Highway Traffic Act

The Hon. J. W. Snow
Minister of Transportation and Communications

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 107 1977

An Act to amend The Highway Traffic Act

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

1. Part VI of The Highway Traffic Act, being chapter 202 of the Partvi^^
Revised Statutes of Ontario, 1970, as amended by the re-enacted
Statutes of Ontario, 1973, chapter 45, sections 21, 23 and 24,
1974, chapter 123, sections 17, 18 and 19, 1974, chapter 130,
section 1, 1975 (2nd Session), chapter 6, section 8 and 1976,
chapter 37, sections 8, 9 and 10, is repealed and the following
substituted therefor:

PART VI

LOAD AND DIMENSIONS

64. In this Part, utfoS''®"

{a) "over-dimensional farm vehicle" means a farm
tractor, self-propelled implement of husbandry, im-
plement of husbandry, or any combination of them,
having a weight, width, length or height in excess
of the limits provided in this Part or Part VII ;

(6) "semi-trailer" means a trailer designed to be operated
with the forward part of its body or chassis resting
upon the body or chassis of a towing vehicle.

65. — (1) Subject to section 66, no vehicle shall have a width of
greater width than 102 inches while on a highway except,

{a) traction engines, which may have a total width not
exceeding 110 inches; or

(6) motor vehicles and road maintenance machines,
operated by or on behalf of a municipality or other
authority having jurisdiction and control of a

width of
load

Rear vision
mirrors and
lami)s not
included

Load
covering
mechanism
not included
in width

Length of
vehicle or
combina-
tion

Length of
semi-
trailer

highway, where such vehicles are engaged in road i
maintenance, including the removal of snow from a'
highway.

(2) Subject to section 66, no load on a vehicle shall have a
greater width than 102 inches while on a highway except,

{a) loads of raw forest products which shall not exceed
a total width of 102 inches at point of origin and which
shall not exceed a total width of 110 inches at any 1
time during transit; or

{b) loads of loose fodder.

(3) Where a commercial motor vehicle is equipped with
one or more rear vision mirrors that extend in whole or
in part beyond either side of the vehicle, or one or more |
lamps, required by this Act, that extend in whole or in part j
beyond either side of the vehicle, the amount of such |
extension shall not be included in determining the maximum "
width of the vehicle under subsection 1.

(4) Where a commercial motor vehicle or trailer is equipped
with a load covering mechanism, extensions in the width of
such vehicle caused by the mechanism shall not be included
in determining the width of the vehicle under subsection 1 ]
where the mechanism does not extend the width of the J
vehicle on either side by more than four inches. J

Length
of bus

(7) No bus shall exceed the length of 40 feet while on a
highway, but an increase in the length of a bus caused by
the addition of a liquid filled or other energy-absorbing
bumper shall not be included in determining the length of
the bus.

(8) The council of a city may by by-law prohibit the j^n^^^^of"^
operation of a combination of vehicles having a total length, combina-
including load, in excess of 50 feet while on a highway or a vehicles
portion thereof under its jurisdiction designated in the by-law.

(9) Subject to section 66, no vehicle including load, shall Height of
have a greater height than 13 feet 6 inches while on a
highway.

six months.

66.— (1) The municipal corporation or other authority Permits
having jurisdiction over the highway may, upon application
in writing, grant a permit for the moving of heavy vehicles,
loads, objects or structures in excess of the dimensional
limits set out in section 65 or the weight limits set out in
Part VII.

(2) The permit referred to in subsection 1 may be general, gln^afoj.
or may limit the time and the particular highway that may limited
be used, and may contain conditions relating to the protection
of persons and property from injury or damage and the
municipal corporation or other authority may require a
bond or other security sufficient to cover the cost of repairing
any possible damage to the highway. i

(3) The council of any municipahty may, by by-law, i^°e'"*y
provide that a permit referred to in subsection 1 may be issued

by an officer of the corporation named therein.

(4) In the case of a vehicle for which a permit is required I^^rmitby
under this section in order to pass over a highway or high- Ministry
ways under the jurisdiction of two or more municipalities or

Responsi-
bility for
damages
caused to
highway

Condition
of permit

Penalty

(5) The owner, operator or mover of a heavy vehicle,*
load, object or structure in respect of which a permit is
granted under this section is nevertheless responsible for all
damages that may be caused to the highway by reason of
the driving, operating or moving of any such heavy vehicle, |
load, object or structure.

(6) It is a condition of every permit issued under this!
section that the original of the permit be carried in the vehicle
for which the permit was issued and be produced when
demanded by a police officer or an officer appointed for
carrying out the provisions of this Act.

Over-
hanging
load

Loading of
commercial
vehicle, etc.

Regulations

67. — (1) Every vehicle carrying a load which overhangs ** *
the rear of the vehicle to the extent of 4 feet 10 inches or
more while on a highway shall display ujxjn such over- :
hanging load at the extreme rear end thereof at any time
from one-half hour after sunset to one-half hour before
sunrise, or at any other time when there is insufficient light
or unfavourable atmospheric conditions, a red light, and at
all other times a red flag or a red marker sufficient to
indicate the projection of the load.

(2) No person shall operate or permit to be operated
upon a highway any commercial motor vehicle or trailer
unless the load that the vehicle or trailer is carrying is firmly
bound, sufficiently covered, or otherwise secured or loaded,
in such manner that no portion of the load may become
dislodged or fall from the commercial motor vehicle or
trailer.

(3) The Lieutenant Governor in Council may make regula-
tions,

{a) prescribing the manner of loading, and of covering
and securing loads on vehicles or classes of vehicles
operated on highways or classes of highways ;

(b) designating the vehicles or classes of vehicles and
the highways or classes of highways to which any
loading, covering or securing provisions are to apply ;
and

68. — (1) The Lieutenant Governor in Council may make ^^ee^^iations

^ ' -'re carriage

regulations, of

" explosives.

etc.

(a) classifying and defining explosives and dangerous
materials ;

(6) regulating or prohibiting the transportation of
explosives and dangerous materials or any class
thereof by a vehicle on a highway ;

(c) regulating the preparation and packaging of ex-
plosives and dangerous materials or any class
thereof to be transported by a vehicle on a highway ;
and

(d) requiring the labelling of packages and containers
of explosives and dangerous materials or any class
thereof and prescribing the labels to be attached to
such packages and containers.

(2) Any regulation made under subsection 1 may adopt ^"^^A®^*^ •
by reference, in whole or in part, with such changes as the adopted by
Lieutenant Governor in Council considers necessary any code

or standard, or any regulation made by the Government of
Canada, and may require compliance with any code, standard
or regulation that is so adopted.

(3) Every person who contravenes any of the provisions Penalty
of a regulation made under this section is guilty of an oflfence

and on summary conviction is liable to a fine of not less
than $ 1 00 and not more than $500 or to imprisonment for a term
of not more than three months, or to both.

Over-
dimensional
farm
vehicles
exempt

Regralations

69. — (1) The provisions of this Part, other than regulation*
made under this section, do not apply to over-dimensionaji
farm vehicles.

(2) The Lieutenant Governor in Council may make regula-
tions,

(a) regulating or prohibiting the movement of over-;
dimensional farm vehicles or classes thereof on
highway or on classes of highways ;

(6)

(c)

requiring that escort vehicles or classes of escort
vehicles accompany over-dimensional farm vehicles
or classes thereof on a highway or classes of high-
ways ; i

prescribing the types, specifications and locations
of markings, signs and lights that shall be carried by
over-dimensional farm vehicles and escort vehicles
or classes of either or both of them on a highway
or classes of highways ;

(d)

prescribing conditions for the movement of over-
dimensional farm vehicles on a highway or classes of
highways relating to the protection of persons and
property from injury or damage. I

8. 65 n. 2. 5,6,
7. 9).
re-enacted

Width of
vehicle

Width of
load

(1) Subject to section 66, no vehicle shall have a greater
width than 102-23/64 inches while on a highway except,

(a) traction engines, which may have a total width not
exceeding 110-15/64 inches; or

{b) motor vehicles and road maintenance machines,
operated by or on behalf of a municipahty or other
authority having jurisdiction and control of a high-
way, where such vehicles are engaged in road main
tenance, including the removal of snow from a|
highway.

(2) Subject to section 66, no load on a vehicle shall have
a greater width than 102-23/64 inches while on a highway
except.

{a) loads of raw forest products which shall not exceed
a total width of 102-23/64 inches at point of origin
and which shall not exceed a total width of 110-15/64
inches at any time during transit; or

{b) loads of loose fodder.

(5) Subject to section 66, no vehicle, other than a fire length of

y ' J ' ' vehicle or

(6) Subject to section 66, no semi-trailer, other than a semi- ^e^mf-\^aner
trailer designed for the carriage of vehicles, shall exceed the

(7) No bus shall exceed the length of 41 feet Ys inch while ^f^f^*^
on a highway, but an increase in the length of a bus caused

by the addition of a liquid filled or other energy-absorbing
bumper shall not be included in determining the length of
the bus.

(9) Subject to section 66, no vehicle including load, shall J|JfJi^e°^
have a greater height than 13 feet 7% inches while on a
highway.

3. Part VII of the said Act, as amended by the Statutes of ^a^t vii^
Ontario, 1973, chapter 45, sections 25, 26, 27 and 28, 1974, re-enacted
chapter 123, section 20, 1974, chapter 130, section 2 and 1976,
chapter 37, sections 11 and 12, and 1977, chapter 1, section 1,
is repealed and the following substituted therefor :

PART VII

WEIGHT

70.-(l) In this Part. SW"

(a) "axle" means an assembly of two or more wheels
whose centres are in one transverse vertical plane
and which are transmitting weight to the highway ;

{b) "axle group weight" means that part of the gross
vehicle weight in pounds transmitted to the highway
by a two axle group, three axle group or four axle
group;

{d) "axle unit weight" means that part of the gross
vehicle weight in pounds transmitted to the high-
way by an axle unit ;

(e) "Class A Highway" means a highway designated as
such by the Minister ;

(/) "Class B Highway" means a highway not designated
by the Minister as a Class A Highway ;

(g) "dual axle" means any two consecutive axles whose
centres are more than 39.5 inches apart and that,

(i) are articulated from a common attachment to
the vehicle, or

(ii) are designed to automatically equalize the
load between the two axles ;

{h) "four axle group" means four consecutive axles, not
including the front axle of a motor vehicle,

(i) that are entirely within either a motor vehicle
or trailer or semi-trailer, and

(ii) in which the spacings between the con-
secutive axles do not exceed 98.5 inches;

(i) "front axle" means the front axle unit of a motor
vehicle ;

{j) "gross vehicle weight" means the total weight in
pounds transmitted to the highway by a vehicle, or
combination of vehicles, and load;

(k) "over-dimensional farm vehicles" means the same
as it does in Part VI ;

(l) "semi-trailer" means the same as it does in Part VI ;

{m) "single axle" means one or more axles whose
centres are included between two parallel trans-
verse vertical planes 39.5 inches apart ;

(o) "three axle group" means three consecutive axles,
not including the front axle of a motor vehicle,

(i) that do not form a triple axle within the
meaning of clause p,

(ii) that are entirely within either a motor vehicle
or trailer or semi-trailer,

(iii) in which the spacings between the con-
secutive axles do not exceed 98.5 inches,
and

(iv) which are not included in a four axle group
within the meaning of clause h ;

[p) "triple axle" means any three consecutive axles
that,

(i) have their consecutive centres equally spaced,
and

(ii) have their consecutive centres more than
39.5 inches apart,

and that,

(iii) are articulated from an attachment to the
vehicle common to the consecutive axles, or

(iv) are designed to automatically equalize the
load between the three axles under all con-
ditions of loading;

{q) "two axle group" means two consecutive single
axles, not including the front axle of a motor vehicle,

(i) that are entirely within either a motor
vehicle or trailer or semi-trailer,

(ii) in which the spacing between the consecutive
axles is less than 78.5 inches, and

(iii) which are not included in a three axle
group within the meaning of clause o or a
four axle group within the meaning of clause
h.

Designation
by MtnlBt«r

(2) The Minister may designate a highway as a Class A
Highway.

Over-

dlmenslonal

farm

vehicles

(3) The provisions of this Part do not apply to over-
dimensional farm vehicles.

Conseoatlve
azlM

Idem

Spacing
between
axles

(6) The spacing between axles is the shortest distance
between the centre of rotation of one axle and the centre of
rotation of the other.

Axle

spacing

distance

(7) For the purposes of Tables 1 and 2, the axle spacing
is the distance measured between the outer axles forming an
axle unit.

Idem

(8) For the purposes of Tables 3, 4 and 5, the axle group
spacing is the distance measured between the outer axles
forming a two axle group, three axle group or four axle
group.

Restrictions
as to weight
on tires

71. — (1) Subject to section 66, no vehicle,

(a) equipped with tires of less than 5.9 inches in
width where the weight upon any inch in the width
of the tire exceeds 504 pounds ; or

(b) equipped with tires of 5.9 inches or more in width
where the weight upon any inch in the width of the
tire exceeds 616 pounds,

shall be operated on a highway.

(2) For the purpose of this section, where a tire width ^f^j]^^^^®
has been marked thereon by the manufacturer, the width ascertained
of the tire shall be deemed to be as so marked.

72. — (1) Subject to section 66, no vehicle or combination ^f^^^^j^
of vehicles, unless exempted under the regulations, shall beaxieunit
operated on a Class A Highway where the axle unit weight
on an axle unit, whether or not part of any axle group,
exceeds,

{a) for a single axle with single tires, 19,800 pounds;
{b) for a single axle with dual tires, 22,000 pounds;

(c) for a dual axle, that weight shown in Column 2
opposite the corresponding axle spacing shown in
Column 1 of Table 1 ; or

(d) for a triple axle, that weight shown in Column 2
opposite the corresponding axle spacing shown
in Column 1 of Table 2.

(2) Notwithstanding subsection 1 , the maximum allowable Jf^^'/ig'^^Jg"
axle unit weight for a dual axle shall not exceed 39,600 allowed

, , *=", , . 1 • 1^ J 1 • under subs. 1

pounds unless the axle is equipped with dual tires.

(3) Notwithstanding subsection 1 , the maximum allowable ^^^"^
axle unit weight for a triple axle shall not exceed 59,400
j)Ounds unless the axle is equipped with dual tires.

(4) Subject to subsection 1 , the maximum allowable ''^®'"
axle unit weight for a single front axle shall not exceed
11,000 pounds unless the driver of a vehicle or combination

73. Subject to section 66, no vehicle or combination of jJIfoiabiT
vehicles, unless exempted under the regulations, shall be *^\®g[JJ"''
operated on a Class A Highway where any axle group weight
exceeds,

(a) for a two axle group, that weight shown in Column
2 opposite the corresponding axle group spacing
shown in Column 1 of Table 3 ;

(b) for a three axle group, that weight shown in
Column 2 opposite the corresponding axle group
spacing shown in Column 1 of Table 4 ; or

(c) for a four axle group, that weight shown in Column
2 opposite the corresponding axle group spacing
shown in Column 1 of Table 5.

aiiowTb™ ^^- — (^) Subject to section 66, no vehicle or combination of

^o8s^ vehicles, unless exempted under the regulations, shall be

weights operated on a Class A Highway where the gross vehicle

weight exceeds the least of,

(a) the axle unit weight on the front axle, not exceed-
ing the maximum weight permitted on such axle
under section 72, plus the sum of the maximum
allowable weights for all other axle units of the
vehicle or combination of vehicles as set out in
section 72 ;

(6) the axle unit weight on the front axle, not exceed-
ing the maximum weight permitted on such axle
under section 72, plus the sum of the maximum
allowable weights for any two axle groups, three
axle groups or four axle groups, or any com-
bination thereof, as set out in section 73, plus the
maximum allowable weight for any axle unit or
units excluding the front axle and excluding any
axle unit or units which are part of an axle group,
as set out in section 72; or

tosuSs*!" (^) W^^re the weight permitted under clause c of sub-

section 1 is the least and where the weight permitted a
vehicle or combination of vehicles under this subsection as
it existed on the 31st day of December, 1977 exceeds by 1,000
pounds or more the weight permitted under subsection 1 on
or after the 1st day of January, 1978, the Minister may
grant a special gross vehicle weight authority permitting the
vehicle or combination of vehicles to operate on a Class A
Highway at the gross vehicle weight set out in the authority,
but no authority issued under this subsection shall permit
a gross vehicle weight in excess of 140,000 pounds.

Where

doMnot (^) Subsection 2 does not apply.

(a) in respect of a single commercial motor vehicle,
other than a tractor, which was manufactured after
the 31st day of March, 1978; or

(6) in respect of a combination of a tractor and other
vehicles, the vehicle directly attached to the tractor,
which was manufactured after the 31st day of
March. 1978.

(4) An application for an authority under subsection 2 shall f^'J^" t^orit
be made in accordance with the terms and conditions pre-
scribed by regulation and shall be made not later than the

30th day of June, 1978.

(5) The driver of a vehicle or combination of vehicles Driver to

^ ' . produce

being operated on a highway under an authority issued pur- authority
suant to subsection 2 shall produce, when demaned by a
poHce officer or an officer appointed for carrying out the
provisions of this Act, the authority or a true copy thereof.

(7) Where a vehicle or combination of vehicles for which ^Im-jty /
an authority is issued pursuant to subsection 2 is operated ^oes no* /
ujx)n a highway while the weight on the front axle of the

vehicle or combination of vehicles varies by more than 1,000
pounds from the weight specified for the front axle on the
authority, then the authority shall be deemed not to apply.

(8) An authority issued under subsection 2 expires with authority
the 31st day of December, 1986.

(9) The Lieutenant Governor in Council may make regu- Regulations
lations prescribing,

(a) the manner in which an application may be sub-
mitted and the information to be provided;

(6) the conditions precedent to the issuance of an
authority pursuant to this section ;

(d) fees for processing applications; and

(e) the gross vehicle weights to be set out in any
authority issued pursuant to this section and the
method of calculating such weight.

Raw forest
products
allowance
during
freeze- up

75. — (1) Notwithstanding sections 72, 73, 74 and sub-
section 1 of section 77, during freeze-up the maximum
allowable gross vehicle weight for a vehicle or combination
of vehicles, while used exclusively for the transjwrtation of
raw forest products, shall be 110 per cent of that weight for
which a permit has been issued for the vehicle or com-
bination of vehicles in accordance with section 6, provided
no axle unit weight, axle group weight or gross vehicle
weight exceeds by more than 10 per cent that weight pre-
scribed in this Act or the regulations for such vehicle or
combination of vehicles.

Designated

Sfi

inister

(2) For the purposes of this section, the Minister may
designate by regulation the date on which a "freeze-up" shall
commence and the date on which a "freeze-up" shall terminate.

Prohibition

Prohibition
re operation
on Class B
Highway

(3) No vehicle or combination of vehicles having a weight
in excess of that authorized in subsection 1 shall be
operated on a highway.

Operating
within
permitted
weight

R.S.0. 1970.
C.382

77. — (1) Subject to subsection 1 of section 16 of The
Public Vehicles Act, no vehicle or combination of vehicles
having a permit issued in accordance with section 6 of this
Act, the fee for which is based upon gross vehicle weight,
shall be operated on any highway where the gross vehicle
weight exceeds that for which the permit was issued.

Permit to
be carried re
commercial
motor
vehicle

the provisions of this Act or The Public Commercial Vehicles ^fj^- ^^°'
Act.

(3) Notwithstanding subsection 1 and subject to sections ^^^®g^'°"
72, 73 and 74, where a conversion unit is used to convert

(4) The receipt issued by the Ministry in accordance with Excess *^^^
subsection 3 shall, whenever a vehicle is on a highway with weight

1 • <• 1 • 1 • -. 1 1 , payment to

(5) Subject to section 66, during the months of March J^l^durine
and April no commercial motor vehicle or trailer, other than March and
a public vehicle, or a two axle tank-truck or two axle truck

(6) Subject to section 66, during the months of March ^**«'"
and April no two axle tank-truck, while used exclusively

(7) Subject to section 66, during the months of March"*™
and April no vehicle having a carrying capacity in excess

Vehicles
exempt from
provisions
of subss. 5, 7

(8) Subsections 5 and 7 do not apply to,

(a) a vehicle op>erated by or on behalf of a munici-
pality or other authority having jurisdiction and
control of a highway, where such vehicle is engaged
in highway maintenance, including the carriage and
application of abrasives or chemicals to the highway,
the stockpiling of abrasives or chemicals for use
on a highway, or engaged in the removal of snow
from a highway; or

{b) vehicles used exclusively for the transportation of
milk.

Extension of
period on
Kinar's
Hignway,
etc.

Extension of
period by
manlcipality

Regulations
limiting
weight
passing
over bridge

By-laws
limiting
weight
passing
over bridge

Penalty

(13) Every person who contravenes any of the provisions
of subsection 1, 5, 6 or 7 or of a regulation made under
subsection 11 or a by-law made under section 12 is guilty

78. — (1) Where a police officer or officer appointed for Power of
carrying out the provisions of this Act has reasonable and have load

weljrhed

(3) Where a police officer or officer appointed for carrying P^^|r of
out the provisions of this Act has reasonable and probable have load
grounds to question the validity of any documents produced

(4) To determine whether the gross vehicle weight, axleP^^lj:^^
unit weight or axle group weight of any vehicle or com- measure
bination of vehicles is in excess of the limits permitted under

this Act or the regulations or the permit issued for the vehicle
or combination of vehicles, the police officer or officer
appointed for carrying out the provisions of this Act may
conduct such examination as is necessary to ascertain the
distance between the axles of the vehicle or combination of
vehicles.

(5) Where it is found that the gross vehicle weight of any Jo^eroj
vehicle or combination of vehicles is in excess of that per- ""eauire part
mitted under this Act or the regulations or the permit issued removed
for the vehicle or combination of vehicles, the police officer

or officer appointed for carr\ing out the provisions of this

Act may require the driver to remove so much of the load as
is necessary to ensure compliance with this Act, the regu-
lations and the permit.

Penalty (6) Every driver who,

(a) when required, pursuant to subsection 1 or 3, to
proceed to a weighing machine refuses or fails to do
so;

(6) when required, pursuant to subsection 5, to remove
part of a load refuses or fails to do so or to make
arrangements to do so; or

is guilty of an offence and on summary conviction is liable
to a fine of not less than $50 and not more than $100.

Penalty 79 Every person who contravenes any of the provisions

of subsection 1 of section 71, sections 72, 73 and 74, sub-
section 3 of section 75 or section 76 is guilty of an offence and
on summary conviction is liable to a fine of,

(6) $1.82 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act
or the regulations, where the overweight is 11,000
pounds or more but is less than 16,500 pounds;

(d) $3.64 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act
or the regulations, where the overweight is 22,000
pounds or more but is less than 33,000 pounds;
and

(e) $4.55 per hundredweight, or part thereof, for any
weight in excess of that permitted under this Act
or the regulations, where the overweight is 33,000
pounds or more.

80. Every consignor of goods, or his agent or employee, fj^^^^ i,
who causes a vehicle or combination of vehicles not owned consignor
by the consignor to be loaded,

(6) intending that the vehicle or combination of vehicles
so loaded be operated on a highway,

is guilty of an offence and on summary conviction is liable
to a fine as if he had been convicted under section 79.

81. The Lieutenant Governor in Council may make regu- ^*^^*"°°^
lations,

(a) prescribing maximum allowable gross vehicle
weights ;

(b) designating classes of vehicles which are exempt /
from the provisions of sections 72, 73 and 74 and

prescribing the weights applicable for the vehicles so
exempted; and

20
TABLE 1

MAXIMUM ALLOWABLE WEIGHT FOR
DUAL AXLE

Column One

Column Two

Axle Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

39.5 to less than 47.0
47.0 to less than 51.0
51.0 to less than 55.0
55.0 to less than 59.0
59.0 to less than 63.0
63.0 to less than 67.0
67.0 to less than 71.0
71.0 or more

34,000
37,000
37,900
38,600
39,500
40,300
41,200
42.100

TABLE 2

MAXIMUM ALLOWABLE WEIGHT FOR
TRIPLE AXLE

Column One

Column Two

Axle Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

78.5 to less than 94.5

94.5 to less than 110.0

110.0 to less than 114.0

114.0 to less than 118.0

43,000
47,000
47,800
48,500

49,400
50,000
50.900
51,600
52,500
53,100
53,800
54,700
55,300
56,200

56.900
57.800
58.400
59,300
60.000
60.800
61.500
62,400
63.000

TABLE 3

MAXIMUM ALLOWABLE WEIGHT FOR
TWO AXLE GROUP

Column One

Column Two

Axle Group Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

33.100
35,900
36,800
37,500
38,400
39,200
40,100
41,000
42,100

TABLE 4

MAXIMUM ALLOWABLE WEIGHT FOR
THREE AXLE GROUP

Column One

Column Two

Axle Group Spacing
(Inches)

Maximum Allowable Weight
(Pounds)

78.5 to less than 94.5

94.5 to less than 102.5

102.5 to less than 110.0

110.0 to less than 114.0

114.0 to less than 118.0

41,900
45,000
46,300
47,200
47,800

48,500
49,400
50,000
50,700
51,600
52.200
52.900
53,800
54,500
55.100

56,000
56,700
57,300
58,200
58,900
59,500
60,400
61,100
61.700
62.400
63,000

TABLE 5

MAXIMUM ALLOWABLE WEIGHT FOR
FOUR AXLE GROUP

Column One

Column Two

Axle Group Spacing

Maximum Allowable Weight

(Inches)

(Pounds)

less than 141.5

51,800

141.5 to less than 145.5

52.700

145.5 to less than 149.5

53,400

149.5 to less than 153.5

54,200

153.5 to less than 157.5

54.900

157.5 to less than 161.5

55,800

161.5 to less than 165.5

56.700

165.5 to less than 169.5

57.300

169.5 to less than 173.0

58,200

173.0 to less than 177.0

58,900

177.0 to less than 181.0

59,700

181.0 to less than 185.0

60.600

185.0 to less than 189.0

61.300

189.0 to less than 193.0

62.200

193.0 to less than 197.0

62.800

197.0 to less than 201.0

63.700

201.0 to less than 204.5

64.600

204.5 to less than 208.5

65.300

208.5 to less than 212.5

66,100

212.5 to less than 216.5

66,800

216.5 to less than 220.5

67.700

220.5 to less than 224.5

68.600

224.5 to less than 228.5

69.200

228.5 to less than 232.5

70.100

232.5 to less than 236.0

70,800

236.0 to less than 240.0

71,600

240.0 to less than 244.0

72,500

244.0 to less than 248.0

73.200

248.0 to less than 252.0

74,100

252.0 to less than 256.0

74.700

256.0 to less than 260.0

75,600

260.0 to less than 264.0

76,500

264.0 to less than 267.5

77,200

267.5 to less than 271.5

78.000

271.5 to less than 275.5

78,700

275.5 to less than 279.5

79,600

279.5 to less than 283.5

80,500

283.5 to less than 287.5

81.100

287.5 to less than 291.5

82.000

291.5 to less than 295.5

82,900

295.5 or more

83,800

4. — (1) This Act, except subsection 4 of section 72 as re-enacted ^°^^®°°®"
by section 3, comes into force on the 1st day of January,
1978.

(2) Subsection 4 of section 72, as re-enacted by section 3, ^*®"^
comes into force on the 1st day of July, 1978.

5. The short title of this Act is The Highway Traffic Amendment short title
Act, 1977.

3 :^z

3 3 «— I

!.= «

rt>

t-0

C/5

H-k

t-^

^■*

-vl

-J

(TO

BILL 108 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Condominium Act

Mr. Leluk

TORONTO
Pkinteo by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to give priority to the lien that a condominium
corporation holds against a condominium unit when a unit owner defaults
in the payment of common expenses.

BILL 108 1977

An Act to amend The Condominium Act

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

1. Subsection 4 of section 13 of The Condominium Act, being ^^^^w^^^
chapter 77 of the Revised Statutes of Ontario, 1970, as re-
enacted by the Statutes of Ontario, 1974, chapter 133, sec-
tion 10, is repealed and the following substituted therefor:

(4) Where an owner defaults in his obligation to con- ^*®°
tribute to the corporation towards the common expenses in
the proportion allocated to his unit, the corporation has a
lien for the unpaid amount against that unit and its
appurtenant common interest and the lien of the corporation
has priority to every other claim against the unit and
appurtenant common interest except a lien for arrears of
municipal taxes.

2. This Act comes into force on the day it receives Royal Assent, menr®"*'*'

3. The short title of this Act is The Condominium Amendment ^^°^^^^^^^
Act. 1977.

HOI J.i

IIUkU

,rT I.

"a
ft

55-

S
o

«^

t^o

►1

1-^

O 3

3 o
5 s"

3 3

BILL 109 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act respecting Special Education Programs

Ms. GiGANTES

T () k (> N T O
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

This Bill guarantees access to education to all children of compulsory
school age who suffer from any kind of chronic physical disability, or any
kind of learning disability including the blind, deaf, autistic, mentally
handicapped and perceptually handicapped, or for children who are
exceptionally gifted.

BILL 109 1977

An Act respecting
Special Education Programs

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

1. In this Act, "board" means a board of education , I^'erpre-

tation

public school board, secondary school board, Roman Catholic
separate school board or Protestant separate school board.

2. Every board shall, Board t^o^

special
, ,. , .... . , education

{a) establish special education programs to provide programs
special education services to pupils who require such
services in order to make educational progress and
who have a right to attend a school under the
jurisdiction of the board;

(b) establish special education programs to provide
special education services to gifted pupils who
require such services in order to realize their full
learning potential;

(c) establish and administer tests for the purpose of
testing the children, with parents' or guardian's
consent, under the jurisdiction of the board in order
to determine those children who are likely to benefit
from special education programs provided by the
board.

3. The fact that a child is chronically physically disabled, Jju^^fonal
blind, deaf, autistic, mentally handicapp)ed or suffers from a services
perceptual handicap or other learning disability, or that a

child is exceptionally gifted does not release a board from its
duty under this Act to provide special education services to
that child unless the child's parent or guardian consents to the
placing of that child in and the child is admitted to a school
or class for trainable retarded children, the Ontario School

Costs to
be borne
by board

for the Blind, an Ontario School for the Deaf, or other
educational institution adequate to meet the child's needs.

4. Where a child receives special education services
from a board or other educational institution referred to in
section 3, any additional transportation, food and accommo-
dation costs incurred as a result of that child receiving such
services shall be paid,

(a) by the board that has jurisdiction over the child;
or

Consent
required

Commence-
ment

(6) where the child attends an educational institution
not under board jurisdiction, by the board that
would have jurisdiction over the child if that child
was not receiving special education services.

5. Nothing in this Act shall be deemed to authorize a board
to place a child in a special education program without the
consent of the parent or guardian of that child and where
a parent or guardian refuses to provide such consent, the
board is under a duty to integrate the child into the regular
school program and to make all reasonable effort to help the
child make educational progress in that program.

6. This Act comes into force on the day it receives Royal
Assent.

Short title

7. The short title of this Act is The Special Education
Programs Act, 1977 .

o
>

3
a*

ft-

ft-
1'

i_<

(/)

"-I

(-»•

C/l

•13

l-^

-1
0

orq

BILL 110 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Planning Act

The Hon. J. R. Rhodes
Minister of Housing

TORONTO
Printed by J. C. Thatcher. Queen's Printer for Ontario

Explanatory Notes

Sections 1, 2, 3, 4 and 5. The amendments contained in sections
1 to 5 of the Bill are complementary to the amendments contained in
section 7. Section 7 repeals the present subsections 13 to 20 of section 42
of the Act and replaces them with new subsections 13 to 25. Consequently,
it is necessary to change certain references to those subsections in other
sections of the Act (sections 29, 30, 30a, 30b and 32) to provide the correct
reference.

Section 6. Subsections 24 to 28 of section 35 of the Act provide a
procedure whereby a zoning by-law may come into effect without the
approval of the Municipal Board where no person objects. The re-enactment
of subsection 28 will deem such by-laws to conform to the municipality's
official plan as is now the case where a zoning by-law is approved by the
Board. Set out below is subsection 28 as proposed to be re-enacted showing
underlined the words to be added :

(28) Any by-law approved by the Municipal Board under this section
and any by-law that row< v mln effect under subsicttpn 25 shall be
conclusively deemed to be in conformity with the official plan then in
effect in the municipality .

The re-enactment of subsection 26 brings its wording into conformity
with subsection 9. Set out below is subsection 26 as it now reads showing
underlined the words to be changed by the re-enactment:

(26) Where an official plan is in effect in a municipality and notice is
given m the manner and form and to the persons prescribed by the
regulations and a notice of objection has been filed with the clerk of
the municipality within the time prescribed by the regulations, the
by-law does not come into effect until approved hy the Municipal
Board.

BILL 110 1977

An Act to amend The Planning Act

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

1. Subsection 6 of section 29 of The Planning Act, being chapter |j^^^^^^^
349 of the Revised Statutes of Ontario, 1970, as amended by

the Statutes of Ontario, 1971, chapter 2, section 1, is further
amended by striking out "20" in the sixth hne and inserting
in lieu thereof "25".

2. Subsection 4 of section 30 of the said Act, as amended by|^(j^^>^^
the Statutes of Ontario, 1971, chapter 2, section 2, is further
amended by striking out "3 to 20" in the second line and
inserting in lieu thereof "3 to 25".

3. Subsection 3 of section 30a of the said Act, as enacted bvs30a(3)

-' amended

the Statutes of Ontario, 1976, chapter 64, section 1, is amended
by striking out "3 to 20" in the third line and inserting in
lieu thereof "3 to 25".

4. Subsection 4 of section 306 of the said Act, as enacted by l-^^^g^^ /
the Statutes of Ontario, 1976, chapter 64, section 1, is amended '
by striking out "3 to 20" in the fourth line and inserting .

in lieu thereof "3 to 25".

5. Subsection 2 of section 32 of the said Act is amended by|j^^2)^jj
striking out "4 to 19" in the sixth hne and inserting in lieu
thereof "4 to 24".

6. — (1) Subsection 26 of section 35 of the said Act is repealed Jl^^^Jj^^^^
and the following substituted therefor:

(26) Where an oflficial plan is in effect in a municipality J^^^^^^
and notice is given in the manner and form and to the objection
persons prescribed by the regulations and a notice of
objection has been filed with the clerk of the municipality
within the time prescribed by the regulations, the by-law
does not come into effect without the approval of the
Municipal Board.

8.35(28).
re-enacted

Aporoved
by-law
deemed to
conform
to plan

1.42.

Bubss. (13-20).
re-enacted

Appeal

Idem

R.8.0. 1970.
C.323

(2) Subsection 28 of the said section 35 is repealed and the
following substituted therefor:

(28) Any by-law approved by the Municipal Board under
this section and any by-law that comes into effect under
subsection 25 shall be conclusively deemed to be in con-
formity with the official plan then in effect in the munici-
pality.

7. Section 42 of the said Act is amended by striking out,

(a) subsection 13, as re-enacted by the Statutes of
Ontario, 1972, chapter 118, section 10;

(6) subsection 13a, as enacted by the Statutes of
Ontario, 1972, chapter 118, section 10;

(f) subsection 14, as amended by the Statutes of
Ontario, 1972, chapter 118, section 10;

(d) subsection 15, as re-enacted by the Statutes of
Ontario, 1976, chapter 64, section 6;

{e) subsections 16 and 17;

(/) subsection 18, as re-enacted by the Statutes of
Ontario, 1976, chapter 64, section 6;

(g) subsection 19, as re-enacted by the Statutes of
Ontario, 1976, chapter 64, section 6; and

(A) subsection 20,
and inserting in lieu thereof:

(13) An appeal to the Municipal Board from a decision
of the committee may be brought if leave to appeal the
decision is granted by the Municipal Board as hereinafter in ^
this section provided.

(14) The applicant, the Minister or any other person who
has an interest in the matter may apply for leave to appeal
to the Municipal Board against the decision of the com-
mittee by serving personally on or sending by registered
mail to the secretary-treasurer of the committee notice of
the application for leave to appeal specifying the grounds of
appeal, accompanied by payment to the secretary-treasurer
of the fee prescribed by the Municipal Board under The
Ontario Municipal Board ^4^/ as payable on an appeal from a
committee of adjustment to the Board, within twenty-one j
days after the sending of the notice under subsection 11.

Section 7. Subsections 13 to 20 of section 42 of the Act provide
for the right to appeal to the Municipal Board from any decision of a
committee of adjustment and for other matters related to any such appeal.
These provisions also apply to the decisions made by land division com-
mittees and by planning boards delegated the consent-granting function in
the territorial districts.

Under the subsections as re-enacted, an appeal to the Municipal Board
will lie only if leave to appeal has first been obtained from the Municipal
Board. The Municipal Board is empowered to deal with an application
for leave to appeal without holding a public hearing, but the application
to the Board must be accompanied by an affidavit setting out the facts
in support of the appeal. Where the Board refuses leave to appeal, it
shall give reasons therefor.

In addition, the amendments provide that the decision or order of the
Municipal Board on an application for leave to appeal and on the appeal
itself is not subject to petition to the Executive Council under section 94
of The Ontario Municipal Board Act.

Subsections 13 to 20 as they now appear are set out below :

{13} The applicant, the Minister or any other person who has an interest
in the matter may appeal to the Municipal Board against the decision
of the committee by serving personally on or sending by registered
mail to the secretary-treasurer of the committee notice of appeal
accompanied by payment to the secretary-treasurer of the fee pre-
scribed by the Municipal Board under The Ontario Municipal Board
Act as payable on an appeal from a committee of adjustment to the
Board, within twenty-one days after the sending of the notice under
subsection 11.

(13a) The secretary-treasurer of a committee, upon receipt of a notice of
appeal served or sent to him under subsection 13 shall forthwith
forward the notice of appeal and the amount of the fee mentioned in
subsection 13 to the Municipal Board by registered mail together
with all papers and documents filed with the committee of adjustment
relating to the matter appealed from and such other documents and
papers as may be required by the Municipal Board.

(14) If within such twenty-one days no notice of appeal is given, the
decision of the committee is final and binding, and the secretary-
treasurer shall notify the applicant and shall file a certified copy of the
decision with the clerk of the municipality .

(15) On an appeal to the Municipal Board, the Municipal Board shall
hf)ld a hearing of which notice shall be given to the applicant, the
appellant, the secretary-treasurer of the committee and to such other
persons and in such manner as the Municipal Board may deter-
mine.

(16) The Municipal Board may dismiss the appeal and may make any
decision that the committee could have made on the original applica-
tion.

(17) The costs an the appeal are m tht discretion of the Municipal Board.

(18) When the Municipal Board makes an order on an appeal, the
secretary of the Municipal Board shall send a copy thereof to the
applicant, the appellant and the secretary-treasurer of the committee.

(19) The secretary-treasurer shall file a copy of the order of the Municipal
Board with the clerk of the mumcipality .

{20) When a consent has been granted on an application under sub-
section 3, the secretary-treasurer shall, after the decision of the com-
mittee is final and binding under subsection 14, give a certificate to
the applicant stating that such consent has been given, and the certi-
ficate is conclusive evidence that such consent was given and that the
provisions of thts Act leading to such consent have been complied
with.

(15) The notice of an application for leave to appeal ''^^'**^^*
shall be accompanied by an affidavit setting out the facts

in support of the appeal.

(16) The secretary-treasurer of a committee, upon receipt ^^'^^/ry-
of a notice of an application for leave to appeal served or treasurer
sent to him under subsection 14 shall forthwith forward

the appUcation for leave to appeal and the amount of the
fee mentioned in subsection 14 to the Municipal Board by
registered mail together with a certified copy of the decision
setting out the reasons for the decision, all papers and
documents filed with the committee of adjustment relating
to the matter appealed from and such other documents and
papers as may be required by the Municipal Board.

(17) If within such twenty-one days no application for^bereno
leave to appeal is made, the decision of the committee is

final and binding, and the secretary- treasurer shall notify
the applicant and shall file a certified copy of the decision
with the clerk of the municipality.

(18) In making the determination on an application forl^^^^^^^f
leave to appeal, the Municipal Board shall not be required to application

^ for 16£LV6

hold a hearing and the decision or order of the Board is not to appeal
subject to petition under section 94 of The Ontario Municipalff.^-^^''^-
Board Act.

(19) The Municipal Board shall notify in writing the Notice
person who applied for leave to appeal of the decision of the
Board on the application, including, in the case where leave

to appeal is refused, reasons for the decision, and the Board
shall likewise notify the secretary-treasurer of the com-
mittee of adjustment as well as the person who made the j
application to the committee where such person is not the
same person who applied for leave to appeal.

(20) Where leave to app)eal is granted, the Municipal bearing
Board shall hold a hearing of the appeal of which notice
shall be given to the applicant, the appellant, the secretary-
treasurer of the committee and to such other persons and in
such manner as the Municipal Board may determine.

(21) The Municipal Board may dismiss the appeal and ^°]J^^'^o'
may make any decision that the committee could haveapp«fti
made on the original application and the decision or order

of the Board is not subject to petition under section 94 of
The Ontario Municipal Board Act.

(22) The costs on the appeal are in the discretion of^°»'»
the Municipal Board.

Notice of
decision

(23) When the Municipal Board makes an order on an
appeal, the secretary of the Municipal Board shall send a
copy thereof to the applicant, the apjpellant and the secretary-
treasurer of the committee.

Idem

Certificate
that con-
sent eriven

(24) The secretary-treasurer shall file a copy of the order
of the Municipal Board with the clerk of the municipality.

(25) When a consent has been granted on an application
under subsection 3, the secretary-treasurer shall, after the
decision of the committee is final and binding under sub-
section 17, give a certificate to the applicant stating that
such consent has been given, and the certificate is conclusive
evidence that such consent was given and that the provisions
of this Act leading to such consent have been complied
with, provided that where a consent has been granted on an
appeal to the Municipal Board the order made by the
Municipal Board has the same force and effect as a certifi-
cate.

Commence-
ment

8. — (1) This Act, except sections 1, 2, 3, 4, 5 and 7, comes into
force on the day it receives Royal Assent.

Idem

Short title

(2) Sections 1, 2, 3, 4, 5 and 7 come into force on the 1st
day of January, 1978.

9. The short title of this Act is The Planning Amendment Act,
1977.

^ w

o
•z

X
o

(/)

5'
en

ft)
3

Si.

•1

i^-

>
o

f-*-

<-*■

(TO

>
o

t-t-

BILL 111 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to provide for Municipal Hydro -Electric Service
in the County of Oxford

The Hon. J. A. Taylor
Minister of Energy

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill establishes new municipal electric power supply commissions
for the area municipalities in the County of Oxford.

A transitional period of up to three months is provided before the
new commissions become fully operational.

The members of each commission will be the mayor of the area muni-
cipality and additional members who are qualified as municipal electors
in the municipality and who are customers of the commissions.

The council of each area municipality will determine whether, after
December 31st, 1978, the members of its commissions should be elected
or appointed.

Commencing the 1st day of January, 1978, customers within Tillson-
burg presently served by Ontario Hydro's rural retail f>ower distribution
system will be supplied with power by the new Tillsonburg commission.

Customers within a township presently served by Ontario Hydro will
continue to be served by Ontario Hydro.

The supply of retail power will be reviewed every five years by an
Oxford Power Supply Review Committee.

Provision is made for the transfer of employees and the protection
of their salaries and benefits.

BILL 111 1977

An Act to provide for

Municipal Hydro- Electric Service

in the County of Oxford

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

1. In this Act, interpre-

tation

(a) "accumulated net retail equity" means the portion
of the equity accumulated through debt retire-
ment appropriations recorded for the Rural Power
District relating to Ontario Hydro's rural retail sys-
tem plus the portion of the balance recorded for
rural retail customers in the Stabilization of Rates
and Contingencies Account, in the books of Ontario
Hydro ;

(6) "area municipality" has the same meaning as in

The County of Oxford Act, 1974', i974. c. 57

{d) "County Council" has the same meaning as in The
County of Oxford Act, 1974;

(e) "electrical service area" means an area supplied
with retail power by a commission established by
section 2;

(/) "hydro-electric commission" means,

(i) a hydro-electric commission or public utility
commission or public utilities commission
entrusted with the control and management
of works for the retail supply of power and
established or deemed to be established under
Part in of The Public Utilities Act, and R8X).»970.

0. 380

(ii) a committee of the council of a municipality
entrusted with the control and management
of works for the retail supply of power on the
31st day of December, 1974;

{g) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;

(h) "power" means electrical power and includes electrical
energy ;

{{) "regulations" means the regulations made under
this Act ;

ij) "retail distribution facilities" means works for the
transmission and supply of power at voltages less
than 50 kilovolts other than works located within a
transformer station that transforms pxDwer from
voltages greater than 50 kilovolts to voltages less
than 50 kilovolts.

Com-
missions
established

R.S.0. 1970.
cc. 390. 354

Com-

Dosition.

Woodstock

Public

Utility

Commission

1972. c. 95

Idem.

Ingersoll

Public

Utility

Commission

Idem.

Tillsonbuiv

Public

Utility

Commission

2. — (1) On the day this Act comes into force, a hydro-
electric commission for each of the City of Woodstock, the
Town of Ingersoll, the Town of Tillsonburg, the Township
of Blandford-Blenheim, the Township of East Zorra-Tavistock,
the Township of Norwich, the Township of South- West
Oxford and the Township of Zorra is hereby established,
and each commission shall be deemed to be a commission
established under Part III of The Public Utilities Act, and a
municipal commission within the meaning of The Power
Corporation Act.

(2) The commission for the City of Woodstock established
by subsection 1 shall be known as the Woodstock Public
Utility Commission and shall consist of the mayor of the
City of Woodstock and four additional members who are
qualified electors under The Municipal Elections Act, 1972 in
the City of Woodstock.

(3) The commission for the Town of Ingersoll established
by subsection 1 shall be known as the Ingersoll Public
Utility Commission and shall consist of the mayor of the
Town of Ingersoll and four additional members who are
qualified electors under The Municipal Elections Act, 1972 in
the Town of Ingersoll.

(4) The commission established for the Town of Tillsonburg
by subsection 1 shall be known as the Tillsonburg Public
Utility Commission and shall consist of the mayor of the
Town of Tillsonburg and four additional members who are

qualified electors under The Municipal Elections Act, 1972 in i972.c.95
the Town of Tillsonburg.

(5) The commission established for the Township of Bil^dford-
Blandford-Blenheim by subsection 1 shall be known as the Blenheim

Public

Blandford-Blenheim Public Utility Commission and shall utility
consist of the mayor of the Township of Blandford-Blenheim °'"'"'^^*°"
and four additional members who are qualified electors under
The Municipal Elections Act, 1972 in the Township of
Blandford-Blenheim ,

(a) one of whom is a customer of the commission in the
electrical service area commonly known as Drumbo ;

(h) one of whom is a customer of the commission in the
electrical service area commonly known as Platts-
ville ;

{d) one of whom is a customer of the commission in one
of the electrical service areas commonly known as
Drumbo, Plattsville and Princeton.

(6) The commission established for the Township of EasTzorra-
East Zorra-Tavistock by subsection 1 shall be known as Tavistock

Public

the East Zorra-Tavistock Public Utility Commission and utility

shall consist of the mayor of the Township of East Zorra- "'""^

Tavistock and two additional members who are qualified j

electors under The Municipal Elections Act, 1972 in the i

Township of East Zorra-Tavistock and who are customers

of the commission.

(7) The commission established for the Township of Jf^^wjch
Norwich by subsection 1 shall be known as the Norwich P"'^i|c
Public Utility Commission and shall consist of the mayor of commission
the Township of Norwich and four additional members who are
qualified electors under The Municipal Elections Act, 1972 in

the Township of Norwich,

{a) one of whom is a customer of the commission in the
electrical service area commonly known as Burgess-
ville;

{b) two of whom are customers of the commission in the
electrical service area commonly known as Norwich ;
and

L**'?i. «, . (8) The commission established for the Township of

South-West _ ^ , -,, ^ , , . 1 4 , II 1 1 1

Oxford South-West Oxford by subsection 1 shall be known as the

utility South-West Oxford Public Utility Commission and shall

Commission ^^j^^^^^ ^f ^^g mayor of the Township of South-West Oxford

and two additional members who are qualified electors under
1972,0.96 Xhe Municipal Elections Act, 1972 in the Township of

South-West Oxford and who are customers of the commission.

wem. (9) The commission established for the Township of Zorra

utility by subsection 1 shall be known as the Zorra Public Utility

Commission and shall consist of the mayor of the Township
of Zorra and four additional members who are qualified
electors under The Municipal Elections Act, 1972 in the
Township of Zorra,

(a) two of whom are customers of the commission in the
electrical service area commonly known as Embro;
and

(6) two of whom are customers of the commission in the
electrical service area commonly known as Thames-
ford.

menibere*of (^^) ^°^ *^^ *^"" expiring with the 31st day of December,
am com- 1978, the additional members,

missions

(a) of the Ingersoll Public Utility Commission established
by subsection 1 shall be,

(i) the two members who are not ex officio mem-
bers of the Ingersoll Public Utilities Com-
mission immediately before the coming into
force of this Act, and

(ii) two persons appointed by the council of the
Town of Ingersoll ;

(6) of the Tillsonburg Public Utility Commission
established by subsection 1 shall be the members,
other than the mayor, of the Tillsonburg Public
Utilities Commission immediately before the coming
into force of this Act ; and

(c) of the Woodstock Public Utility Commission
established by subsection 1 shall be the members,
other than the mayor, of the Woodstock Public

Utilities Commission immediately before the coming
into force of this Act.

(11) For the term expiring with the 31st day of December, ^^^^
1978, the additional members of each of the Blandford-
Blenheim Public Utility Commission, the East Zorra-Tavistock
Public Utility Commission, the Norwich Public Utility
Commission, the South- West Oxford Public Utility Com-
mission and the Zorra Public Utility Commission, established
under subsection 1, shall be appointed by the council of
the area municipality served by each such commission from
the members of the hydro-electric commissions that serve
the area municipality immediately before the coming into force

of this Act.

(12) For terms commencing after the 31st day of Decem- Additional

ir^-ir. 11-- I /• 1 ■• members of

ber, 1978, the additional members of each commission subsequent
estabhshed by subsection 1 shall be elected by a general missions
vote of the electors of the area municipality served by the
commission, unless before the 1st day of July, 1978, the
council of the area municipality provides by by-law that the
additional members shall be appointed by the council.

(13) Members of the council of an area municipality served o/^^embera
by a commission established by subsection 1 may be appointed of council
as members of the commission, but the members of the
council shall not form a majority of the commission.

(14) A member of a commission established by sub- o^f^"^
section 1 shall hold office for the same term as the members

of council or until his successor is elected or appointed.

(15) The council of an area municipahty served by a Delegates
commission established by subsection 1 may, by by-law
passed with the written consent of the mayor, appoint a
delegate from among the members of the council to represent

the mayor on the commission.

(16) The salaries of the members of the commissions 1^^^^°*^
established by subsection 1 for the term expiring with the missions
31st day of December, 1978 shall be fixed on or before the

1st day of April, 1978 in an amount that does not exceed
the highest salary paid to members of hydro-electric com-
missions operating in the County of Oxford on the 1st day
of September, 1977.

(17) A resignation from the council of a member of a Resignation
council who is a member of a commission established by
subsection 1 shall be deemed to be a resignation from both

the commission and the council.

Powers
of com-
missions

R.S.0. 1970.
C.390

Idem

R.S.0. 1970,
C.312

R.8.0. 1970.
0.284

Where
Ontario
Hydro to
continue to
supply
power

3. — (1) Except as herein provided, all the powers, rights,
authorities and privileges that are conferred by The Public
Utilities Act on a municipal corporation with respect to
power, shall, on and after the 1st day of April, 1978, be
exercised on behalf of each area municipality by the com-
mission established by section 2 in respect of that area
municipality and not by the council of any municipality or any
other body.

(2) Subject to subsections 3 and 5 and to any subsisting
contracts for the supply of power to customers within the
meaning of section 37a of The Ontario Energy Board Act, on
and after the 1st day of April, 1978, each commission
established by section 2 has the sole right to supply power
within the area municipality in respect of which it is
established, and, on behalf of the area municipality, may
contract with Ontario Hydro for the transmission and
supply to the commission of power to be distributed and
sold within the municipality, without electoral assent or other
approval or authorization and such contract shall be deemed
to be an agreement within the meaning of clause s of sub-
section 2 of section 293 of The Municipal Act.

(3) Notwithstanding subsection 2, but subject to section 4,
Ontario Hydro shall continue to supply power in those
areas of the townships of Blandford-Blenheim, East Zorra-
Tavistock, Norwich, South-West Oxford, and Zorra that it
served immediately before the coming into force of this Act,
and subsections 8 and 9 and section 7 do not apply.

Application

R.S.0. 1970.

0.354

(4) Except where inconsistent with the provisions of this
Act, the provisions of The Power Corporation Act appHcable
to a municipal corporation that has entered into a contract
with Ontario Hydro for the supply of power to the municipal
corporation apply to each of the commissions established by
section 2.

Direct
customers

(5) With the consent of a commission established by
section 2, Ontario Hydro may supply power directly to
customers within the municipality in respect of which the
commission is established.

Tran-
sitional

(6) Such management and control of works for the dis-
tribution and supply of power within the area municipahties
as are exercised by hydro-electric commissions and Ontario
Hydro immediately before this Act comes into force remain
entrusted to them to and including the 31st day of March,
1978, but, subject to subsections 7 and 8, any of the assets,
pjowers and responsibilities of such commissions may by
agreement be transferred before that date to a commission
established by section 2.

(7) On the 1st day of April, 1978, all assets under the control Jj'^e^fand*^
and management of and all Habihties of hydro-electric liabilities
commissions distributing and selling power in an area munici-
pality to the extent that they pertain to the distribution

and supply of power in the municipality, are, without com-
pensation, assets under the control and management of and
liabilities of the commission established by section 2 in respect
of the municipality.

(8) Subject to subsections 3 and 5, section 4 and the regu- ^}^^^^^f^
lations, each commission established by section 2 shall distribu-
acquire, on behalf of the area municipality served by the facilities
commission, the retail distribution facihties within the Ontario
municipahty used by Ontario Hydro on the 31st day of ^^^^°
March, 1978, in the retail distribution of power, including
equipment leased by Ontario Hydro to retail customers
within the municipality for the use of such power, and the

price of the facilities shall be equal to the original cost of
the facilities less the sum of the accumulated net retail
equity of the customers supplied with power through the
facilities and the accumulated depreciation associated with
the facilities.

(9) If the price of the facilities referred to in subsection ^^b/^P^grf
8 has not been determined by the parties before the 1st day of mined by
July, 1978, the price shall be determined by arbitration by a

single arbitrator pursuant to The Arbitrations Act in accord- R^o. i970,
ance with subsection 8 and the regulations, and the decision
of the arbitrator shall not be subject to appeal.

(10) The references to the 1st day of April, 1978 in sub- Tiiiaonburg
sections 1, 2 and 7 and sections 7 and 8 shall be deemed

to refer to the 1st day of January, 1978 and the references
to the 31st day of March, 1978 in subsections 6 and 8 and
section 7 shall be deemed to refer to the 31st day of Decem-
ber, 1977 both in respect of the Town of Tillsonburg.

4. — (1) This section applies when retail power is supplied ^^gP^^}°*J^o"
in any area municipality by both Ontario Hydro and a com-
mission established by section 2.

(2) At least once in every five years, there shall be Oxford
appointed a committee to be known as the Oxford Power l^pp^'y
Supply Review Committee composed of eight members, committee
one of whom shall be appointed by the council of each area
municipality.

(3) The Committee shall review the retail supply of power Dutie»
in the County and shall include in its review an evaluation of,

(a) the supply of power throughout the County by a
single hydro-electric commission; and

(b) the supply of power throughout an area munici-
pality by a commission established by section 2.

Report (4) Each Committee shall complete its review within twelve

months from the date that it is fully constituted and shall
file its report forthwith with Ontario Hydro and send copies
of the report to the clerk of the County, to the clerk of each
area municipality and to each commission established by
section 2.

Vesting 5. — (1) All real property transferred pursuant to section 3

property to the control and management of a commission established
by section 2 or otherwise acquired by or for the commission,
shall be vested in the area municipality served by the com-
mission.

pisposi- (2) Where a commission established by section 2 is of the

tlon of real ) { , , , , i • , i

property opmion, and so declares by resolution, that any real property
under its control and management is not required for its
purposes, unless otherwise agreed upon by the commission
and the area municipality served by the commission, the
real property may be disposed of as follows:

1. In the event that the area municipality served
by the commission wishes in good faith to retain
the real property for a municipal purpose, it shall
compensate the commission for the real property at
its actual cost, less accrued depreciation as shown
on the books of the commission or the assessed
value of the real property, whichever is the greater
and the area municipality may sell, lease or other-
wise dispose of the real property without the assent
of Ontario Hydro and may retain the proceeds of
the sale, lease or disposition as municipal funds.

2. In the event that the area municipality served by
the commission does not wish to retain the real
prop)erty in accordance with paragraph 1, the area
municipahty shall, as soon as practicable, sell,
lease or otherwise dispose of the real property at
fair market value on behalf of the municipality,
and the net proceeds derived from the sale, lease
or other disposition of the real property or the
compensation paid therefor pursuant to this sub-
section shall be paid over to the commission and

? M?^^°' ^^'^^^ ^^ applied in accordance with The Public

Utilities Act.

e. Except as otherwise provided in this Act, sections 91 Borrowing
to 112 of The County of Oxford Act, 1974 apply with neces- 19^2, c. 57
sary modifications to any borrowing for the purposes of a
commission estabhshed by section 2.

7. — (1) In this section, "transfer date", when used in J^je^pre-

, fill- •• tatlon

respect of an employee of a hydro-electric commission or
Ontario Hydro, means the date on which a commission
established by section 2 assumes liability for the payment
of the wages or salary of the employee.

(2) On or before the 31st day of March, 1978, each hydro- Transfer of

,. .. . , -^ ..,.. ,^. employees

electnc commission m the area municipalities and Ontario
Hydro shall designate those of their full-time employees
who were employed in the distribution and supply of power
in the municipalities on the 1st day of March, 1977, and
who continued such employment until the 31st day of
March, 1978 or until their transfer dates, as the case may be,
and the commissions established by section 2 in respect of
those municipalities shall offer employment to the employees
so designated.

(3) A person who accepts employment under this section ^*f®feg''
is entitled to receive, for a period of one year commencing

on the transfer date, a wage or salary not less than the
wage or salary he was receiving on the day nine months
before the transfer date.

(4) Each commission established by section 2 shall be P*l[j<^Jcipa-
deemed to have elected to participate in the Ontario Muni- o.m.e.r.s.
cipal Employees Retirement System on the day this Act
comes into force, and a person who accepts employment
under this section shall be deemed to continue or to become

a member of the System, as the case requires, on his
transfer date, and The Ontario Municipal Employees Retire- ^^^^^^'
ment System Act applies to such person as a member of the
System.

(5) Where a person who accepts employment under this ^"P^'^frV
section with a commission established by section 2 is agrreements
entitled to the benefit of a supplementary agreement between

a hydro-electric commission operating within an area munici-
pality and the Ontario Municipal Employees Retirement
Board immediately before his transfer date, the commission
shall assume, in respect of the person, all rights and
obligations under the supplementary agreement as if the
commission had been a party to the agreement in the place
of the hydro-electric commission.

(6) Where a person who accepts employment under thisJJ^J^rof
section is a contributor to The Pension and Insurance Fund credit«jrom

Hydro plan

of Ontario Hydro immediately before his transfer date, the
present value of the pension earned by the person in The
Pension and Insurance Fund of Ontario Hydro at the
transfer date or the contributions of the person in the Fund
with interest accumulated and credited to the person in the
Fund, whichever is the greater, shall be transferred to the
Ontario Municipal Employees Retirement Fund and the
person shall be given credit in the Ontario Municipal Em-
ployees Retirement System for a period of service equal to
the period of service for which he was given credit in The
Ontario Hydro Pension and Insurance Plan.

guarantee i"^) Notwithstanding subsection 5, a person who accepts

employment under this section with a commission estab-
lished by section 2 and who,

(a) was employed by Ontario Hydro immediately before
his transfer date; and

Group life
insurance

Idem

(b) continues in the employment of the commission
until he or his beneficiary becomes entitled to a
pension benefit,

is entitled to at least the pension benefit to which he would
have been entitled under The Ontario Hydro Pension and
Insurance Plan if his years of continuous service with the
commission had been additional years of continuous service
with Ontario Hydro and if there had been no change in the
Plan after the 31st day of December, 1977, calculated on
the basis of the wage or salary paid to the person by Ontario
Hydro and the commission, and the cost, if any, of the
pension benefit over the cost of the pension benefit to which
the person is entitled under subsection 5 shall be apportioned
and paid as provided by the regulations.

(8) A f)erson who accepts employment under this section
is entitled as a term of his employment to continue as a
member of the group life insurance plan in which he was a
member with his former employer until the effective date of
a common group life insurance plan covering all eligible
employees of his new employer.

(9) On or before the 31st day of December, 1979, each
commission established by section 2 shall provide a com-
mon group life insurance plan covering all of the eligible
employees of the commission, and the plan shall provide to
any person accepting employment under this section, by
option or otherwise, insurance coverage not inferior to the
insurance coverage to which the employee was entitled im-
mediately before his transfer date.

(10) A person who accepts employment under this section f^^^^
shall continue to enjoy as a term of his employment the
rights and benefits of sick leave entitlements or sick leave
insurance provided by his former employer immediately
before the transfer date until the new employer establishes

a sick leave entitlement plan or sick leave insurance plan,
and thereupon the person shall receive allowance or credit
for any accrued sick leave rights or benefits.

(11) The commissions established bv section 2 shall con- M^®

., .. ,,.,. -^ . . insurance

tmue the provision of life insurance to pensioners formerly provided to
employed in the distribution and supply of power in the
area municipalities by hydro-electric commissions.

(12) Nothing in this section prevents an employer from ^jermi^na-
terminating the employment of an employee for cause. cause

(13) Where, under this section, an employee, in the^^^^ia'
opinion of the Minister, experiences any difficulty or hard- stances
ship with regard to life insurance benefits, pension rights,
pension benefits or sick leave rights or benefits, the Minister

by order may do anything necessary to remedy or alleviate
such difficulty or hardship.

8. For the purposes of section 134 of The County f^/oflx°8ting°
Oxford Act, 1974, the 1st day of April, 1978 is the date deter- com-

■^ .-' fii -i-i missions

mined by the Minister in respect of all areas withm the 1974. c. 57
County, and on that date the municipal hydro-electric
commissions supplying electrical power and energy in the
County are dissolved and the by-laws establishing them
passed pursuant to section 38 of The Public Utilities Act^f^-^^^'
shall be deemed to be repealed and the assent of the munici-
pal electors is not required.

9. The Lieutenant Governor in Council may make regu- ^«»iia"°°*
lations,

(a) for the purposes of subsection 8 of section 3 in
respect of,

(i) the method of determining the original cost
of the facilities or of any facility or of any
part of any facility,

(ii) the allocation of the original cost of the
facilities or of any facility or of any part of
any facility,

(iii) the method of determining the amount of
any component of the accumulated net retail
equity,

(iv) the allocation of the accumulated net retail
equity or any component of the accumulated
net retail equity,

(v) the method of calculating accumulated de-
preciation or any component of accumulated
depreciation,

(vi) the allocation of accumulated depreciation
or any component of accumulated deprecia-
tion,

(yii) the method of payment of the price of the
facilities ;

(6) for the purposes of subsection 8 of section 7, in
respect of the apportionment of the excess cost of
any benefit referred to in the subsection and the
payment of the excess cost or any part thereof.

Commence- \Q Jhis Act comes into force on the day it receives

ment t-. i a

Royal Assent.

Short title jj^ The short title of this Act is The Oxford Municipal

Hydro- Electric Service Act, 1977 .

(75

t-t-

re H
" >

r
o
»

O
<

3
cr

•1

o «< '^
3 -1 O

o- -«
CO -1

^.
o

BILL 111

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to provide for Municipal Hydro- Electric Service
in the County of Oxford

The Hon. J. A. Taylor
Minister of Energy

1 ( ) K ( ) N I ( »
Printed by J. C. Thatcher, Queens Printer for Ontario

BILL 111 1977

An Act to provide for

Municipal Hydro- Electric Service

in the County of Oxford

TTER MAJESTY, by and with the advice and consent of

-■^ the Legislative Assembly of the Province of Ontario,
enacts as follows :

1. In this Act, interpre-

tation

{a) "accumulated net retail equity" means the portion
of the equity accumulated through debt retire-
ment appropriations recorded for the Rural Power
District relating to Ontario Hydro's rural retail sys-
tem plus the portion of the balance recorded for
rural retail customers in the Stabilization of Rates
and Contingencies Account, in the books of Ontario
Hydro;

(6) "area municipality" has the same meaning as in

The County of Oxford A d, 1974 ; i974. c. s?

/
(c) "County" has the same meaning as in The County j

of Oxford Act, 1974;

{d) "County Council" has the same meaning as in The
County of Oxford Act, 1974;

{e) "electrical service area" means an area supplied
with retail power by a commission established by
section 2;

if) "hydro-electric commission" means,

(i) a hydro-electric commission or public utility
commission or public utilities commission
entrusted with the control and management
of works for the retail supply of f)ower and
established or deemed to be established under
Part III of The Public Utilities Act, and R.ap.i97o.

0. 3vU

(ii) a committee of the council of a municipality
entrusted with the control and management
of works for the retail supply of power on the
31st day of December, 1974;

(g) "Minister" means the Treasurer of Ontario and
Minister of Economics and Intergovernmental Affairs ;

(A) "power" means electrical power and includes electrical
energy;

(i) "regulations" means the regulations made under
this Act ;

(j) "retail distribution facilities" means works for the
transmission and supply of power at voltages less
than 50 kilovolts other than works located within a
transformer station that transforms power from
voltages greater than 50 kilovolts to voltages less
than 50 kilovolts.

Com-
missions
established

R.S.0. 1970.
cc. 390. 354

Com-
position,
Woodstock
Public
Utility
Commission

1972. c. 95

Idem,

Ingereoll

Public

Utility

Commission

Idem.

Tlllsonburg:

Public

Utility

Commission

2. — (1) On the day this Act comes into force, a hydro-
electric commission for each of the City of Woodstock, the
Town of Ingersoll, the Town of Tillsonburg, the Township
of Blandford-Blenheim, the Township of East Zorra-Tavistock,
the Township of Norwich, the Township of South-West
Oxford and the Township of Zorra is hereby established,
and each commission shall be deemed to be a commission
established under Part III of The Public Utilities Act, and a
municipal commission within the meaning of The Power
Corporation Act.

qualified electors under The Municipal Elections Act, 1972 in i972.c.95
the Town of Tillsonburg.

(5) The commission established for the Township of Bi|n^foj.d-
Blandford-Blenheim by subsection 1 shall be known as the Blenheim

Public

Blandford-Blenheim Public Utility Commission and shall utility
consist of the mayor of the Township of Blandford-Blenheim °^^ ^^ °°
and four additional members who are qualified electors under
The Municipal Elections Act, 1972 in the Township of
Blandford-Blenheim ,

(a) one of whom is a customer of the commission in the
electrical service area commonly known as Drumbo ;

(6) one of whom is a customer of the commission in the
electrical service area commonly known as Platts-
ville ;

{d) one of whom is a customer of the commission in one
of the electrical service areas commonly known as
Drumbo, Plattsville and Princeton.

(6)^ The commission established for the Township of g^g'^-gorra-
East Zorra-Tavistock by subsection 1 shall be known as Tavistock

Public

the East Zorra-Tavistock Public Utility Commission and utility

shall consist of the mayor of the Township of East Zorra- "'"'^

Tavistock and two additional members who are qualified

electors under The Municipal Elections Act, 1972 in the /

Township of East Zorra-Tavistock and who are customers f

of the commission.

(7) The commission established for the Township of Jf^^'^j^.^
Norwich by subsection 1 shall be known as the Norwich J^f}})^
Public Utility Commission and shall consist of the mayor of commiBsion
the Township of Norwich and four additional members who are
qualified electors under The Municipal Elections Act, 1972 in
the Township of Norwich,

(a) one of whom is a customer of the commission in the
electrical service area commonly known as Burgess-
ville;

(jb) two of whom are customers of the commission in the
electrical service area commonly known as Norwich ;
and

south-west (^) ^^^ commission established for the Township of
Oxford South-West Oxford by subsection 1 shall be known as the

Public

Utility South-West Oxford Public Utility Commission and shall

omm 88 on ^Qj^^jgj qj ^jjg mayor of the Township of South-West Oxford

and two additional members who are qualified electors under

1972,0.95 xhe Municipal Elections Act, 1972 in the Township of

South- West Oxford and who are customers of the commission.

zorra Public ^^ ^^^ commission established for the Township of Zorra
utility by subsection 1 shall be known as the Zorra Public Utility

Commission and shall consist of the mayor of the Township
of Zorra and four additional members who are qualified
electors under The Municipal Elections Act, 1972 in the
Township of Zorra,

{a) two of whom are customers of the commission in the
electrical service area commonly known as Embro;
and

{b) two of whom are customers of the commission in the
electrical service area commonly known as Thames-
ford.

membera*of ^^^^ ^^^ ^^^ t^rui expiring with the 31st day of December,
flretcom- 1978, the additional members,

missions

(a) of the Ingersoll Public Utility Commission established
by subsection 1 shall be,

(i) the two members who are not ex officio mem-
bers of the Ingersoll Public Utilities Com-
mission immediately before the coming into
force of this Act, and

(ii) two persons apjx)inted by the council of the
Town of Ingersoll ;

(c) of the Woodstock Public Utility Commission
established by subsection 1 shall be the members,
other than the mayor, of the Woodstock Public

Utilities Commission immediately before the coming
into force of this Act.

(11) For the term expiring with the 31st day of December, i<*«™
1978, the additional members of each of the Blandford-
Blenheim Public Utility Commission, the East Zorra-Tavistock
Public Utility Commission, the Norwich Public Utility
Commission, the South- West Oxford Public Utility Com-
mission and the Zorra Public Utility Commission, established
under subsection 1, shall be appointed by the council of
the area municipality served by each such commission from
the members of the hydro-electric commissions that serve
the area municipality immediately before the coming into force

of this Act.

(12) For terms commencing after the 31st day of Decem- Additional
ber, 1978, the additional members of each commission subsequent
established by subsection 1 shall be elected by a general missions
vote of the electors of the area municipality served by the
commission, unless before the 1st day of July, 1978, the
council of the area municipality provides by by-law that the
additional members shall be appointed by the council.

(13) Members of the council of an area municipality served of members
by a commission established by subsection 1 may be appointed of council
as members of the commission, but the members of the
council shall not form a majority of the commission.

(14) A member of a commission established by sub- ^fff^"*^
section 1 shall hold office for the same term as the members

of council or until his successor is elected or appointed.

(15) The council of an area municipality served by a Delegates
commission established by subsection 1 may, by by-law
passed with the written consent of the mayor, appoint a
delegate from among the members of the council to represent

the mayor on the commission.

(16) The salaries of the members of the commissions 1*]?';^°*^

^ ' nrat com-

established by subsection 1 for the term expiring with the missions
31st day of December, 1978 shall be fixed on or before the
1st day of April, 1978 in an amount that does not exceed
the highest salary paid to members of hydro-electric com-
missions operating in the County of Oxford on the 1st day
of September, 1977.

(17) A resignation from the council of a member of a R«»«»nation
council who is a member of a commission established by
subsection 1 shall be deemed to be a resignation from both

the commission and the council.

Powers
of com-
missions
R.S.0. 1970.
C.390

Idem

R.S.0. 1970.
c. 312

R.S.0. 1970.
c. 284

Where
Ontario
Hydro to
continue to
supply
power

(2) Subject to subsections 3 and 5 and to any subsisting
contracts for the supply of power to customers within the
meaning of section 37a of The Ontario Energy Board Act, on
and after the 1st day of April, 1978, each commission
established by section 2 has the sole right to supply power
within the area municipality in respect of which it is
estabhshed, and, on behalf of the area municipality, may
contract with Ontario Hydro for the transmission and
supply to the commission of power to be distributed and
sold within the municipality, without electoral assent or other
approval or authorization and such contract shall be deemed
to be an agreement within the meaning of clause s of sub-
section 2 of section 293 of The Municipal Act.

Application

R.S.0. 1970.

C.354

(4) Except where inconsistent with the provisions of this
Act, the provisions of The Power Corporation Act applicable
to a municipal corporation that has entered into a contract
with Ontario Hydro for the supply of power to the municipal
corporation apply to each of the commissions estabhshed by
section 2.

Direct
customers

Tran-
sitional

(5) With the consent of a commission established by
section 2, Ontario Hydro may supply power directly to
customers within the municipality in respect of which the
commission is established.

(6) Such management and control of works for the dis-
tribution and supply of power within the area municipalities
as are exercised by hydro-electric commissions and Ontario
Hydro immediately before this Act comes into force remain
entrusted to them to and including the 31st day of March,
1978, but, subject to subsections 7 and 8, any of the assets,
powers and responsibilities of such commissions may by
agreement be transferred before that date to a commission
established by section 2.

(7) On the 1st day of April, 1978, all assets under the control Transferor
and management of and all liabilities of hydro-electric liabilities
commissions distributing and selhng power in an area munici-
pality to the extent that they pertain to the distribution

(8) Subject to subsections 3 and 5, section 4 and the regu- Purchase
lations, each commission established by section 2 shall distribu-
acquire, on behalf of the area municipality served by the facilities
commission, the retail distribution facilities within the Ontario
municipahty used by Ontario Hydro on the 31st day of ^^^^^
March, 1978, in the retail distribution of power, including
equipment leased by Ontario Hydro to retail customers
within the municipality for the use of such p>ower, and the

(9) If the price of the facilities referred to in subsection ^^^deter-^
8 has not been determined by the parties before the 1st day of mined by
July, 1978, the price shall be determined by arbitration by a

single arbitrator pursuant to The Arbitrations Act in accord- ^fs^'^^*''
ance with subsection 8 and the regulations, and the decision
of the arbitrator shall not be subject to appeal.

(10) The references to the 1st day of April, 1978 in sub- Tiusonburg
sections 1, 2 and 7 and sections 7 and 8 shall be deemed

4. — (1) This section applies when retail power is supplied ^^^P^^cauon
in any area municipality by both Ontario Hydro and a com-
mission established by section 2.

(2) At least once in every five years, there shall be gjJ*J^J
appointed a committee to be known as the Oxford Power |"ppjy
Supply Review Committee composed of eight members, committee
one of whom shall be appointed by the council of each area
municipahty.

(3) The Committee shall review the retail supply of power Dutie»
in the County and shall include in its review an evaluation of,

(a) the supply of power throughout the County by a
single hydro-electric commission; and

(6) the supply of power throughout an area munici-
pality by a commission established by section 2.

Report (4) Each Committee shall complete its review within twelve

months from the date that it is fully constituted and shall
file its repjort forthwith with Ontario Hydro and send copies
of the report to the clerk of the County, to the clerk of each
area municipality and to each commission established by
section 2.

Vesting 5. — (1) All real property transferred pursuant to section 3

property to the control and management of a commission established
by section 2 or otherwise acquired by or for the commission,
shall be vested in the area municipality served by the com-
mission.

tionofreal ^^^ Where a commission established by section 2 is of the
property opinion, and so declares by resolution, that any real property
under its control and management is not required for its
purposes, unless otherwise agreed upon by the commission
and the area municipahty served by the commission, the
real property may be disposed of as follows:

2. In the event that the area municipality served by
the commission does not wish to retain the real
property in accordance with paragraph 1, the area
municipality shall, as soon as practicable, sell,
lease or otherwise dispose of the real property at
fair market value on behalf of the municipality,
and the net proceeds derived from the sale, lease
or other disposition of the real property or the
compensation paid therefor pursuant to this sub-
section shall be paid over to the commission and

f^^^^' shall be applied in accordance with The Public

Utilities Act.

6. Except as otherwise provided in this Act, sections 91 Borrowing
to 112 of The County of Oxford Act, 1974 apply with neces- i972.c.57
sary modifications to any borrowing for the purposes of a
commission established by section 2.

7. — (1) In this section, "transfer date", when used in Jnterpre-

^ r 1 rill- •• tation

respect oi an employee of a hydro-electric commission or
Ontario Hydro, means the date on which a commission
established by section 2 assumes liability for the payment
of the wages or salary of the employee.

(2) On or before the 31st day of March, 1978, each hydro- Transfer of

, / . . . . , , -^ ..... , ^ • employees

electric commission in the area municipalities and Ontario
Hydro shall designate those of their full-time employees
who were employed in the distribution and supply of power
in the municipalities on the 1st day of March, 1977, and
who continued such employment until the 31st day of
March, 1978 or until their transfer dates, as the case may be,
and the commissions established by section 2 in respect of
those municipalities shall offer employment to the employees
so designated.

(3) A person who accepts employment under this section ^i'f®jgg''
is entitled to receive, for a period of one year commencing

on the transfer date, a wage or salary not less than the
wage or salary he was receiving on the day nine months
before the transfer date.

(4) Each commission established by section 2 shall be fjQn"^ p*'
deemed to have elected to participate in the Ontario Muni- o.m.e.r.s.
cipal Employees Retirement System on the day this Act
comes into force, and a person who accepts employment

under this section shall be deemed to continue or to become /

a member of the System, as the case requires, on his /

transfer date, and The Ontario Municipal Employees Retire- ^fj^ ^^''^
ment System Act applies to such person as a member of the
System.

(5) Where a person who accepts employment under this ^^^P^JfrV
section with a commission established by section 2 is agreements
entitled to the benefit of a supplementary agreement between

(6) Where a person who accepts employment under this JJ^SSS'^*''
section is a contributor to The Pension and Insurance Fund credits fj^m

Ontario
Hydro plan

guarantee (^) Notwithstanding subsection 5, a person who accepts

employment under this section with a commission estab-
lished by section 2 and who,

(a) was employed by Ontario Hydro immediately before
his transfer date; and

{b) continues in the employment of the commission
until he or his beneficiary becomes entitled to a
pension benefit,

Insurance (^) ^ person who accepts employment under this section

is entitled as a term of his employment to continue as a
member of the group life insurance plan in which he was a
member with his former employer until the effective date of
a common group life insurance plan covering all eligible
employees of his new employer.

Idem

(10) A person who accepts employment under this section pj^k^
shall continue to enjoy as a term of his employment the
rights and benefits of sick leave entitlements or sick leave
insurance provided by his former employer immediately
before the transfer date until the new employer establishes

a sick leave entitlement plan or sick leave insurance plan,
and thereupon the person shall receive allowance or credit
for any accrued sick leave rights or benefits.

(11) The commissions established bv section 2 shall con- H^e

., .. ,,.,. -^ . . insurance

tmue the provision of life insurance to pensioners formerly provided to
employed in the distribution and supply of power in the ^°° °^^^
area municipalities by hydro-electric commissions.

(12) Nothing in this section prevents an employer from ^^ermi^na-
terminating the employment of an employee for cause. cause

(13) Where, under this section, an employee, in the sp^^iai

\ / ' ' r J ' clrcum-

opinion of the Minister, experiences any difficulty or hard- stances
ship with regard to life insurance benefits, pension rights,
pension benefits or sick leave rights or benefits, the Minister
by order may do anything necessary to remedy or alleviate
such difficulty or hardship.

8. For the purposes of section 134 of The County c>/D*|8oiuUon
Oxford Act, 1974, the 1st day of April, 1978 is the date deter- com-

• 11. -^r- • ■ f n ■ 1 ■ missions

mined by the Minister in respect of all areas within the 1974. c. 57

County, and on that date the municipal hydro-electric

commissions supplying electrical power and energy in the

County are dissolved and the by-laws establishing them

passed pursuant to section 38 of The Public Utilities ^clffo^-^^^'

shall be deemed to be repealed and the assent of the munici- /

pal electors is not required. /

9. The Lieutenant Governor in Council may make regu- ^s^i^tionB ^
lations,

(a) for the purposes of subsection 8 of section 3 in
respect of,

(i) the method of determining the original cost
of the facilities or of any facility or of any
part of any facility,

(ii) the allocation of the original cost of the
facilities or of any facility or of any part of
any facility,

(iii) the method of determining the amount of
any component of the accumulated net retail
equity.

(iv) the allocation of the accumulated net retail
equity or any component of the accumulated
net retail equity,

(v) the method of calculating accumulated de-
preciation or any component of accumulated
depreciation,

(vi) the allocation of accumulated depreciation
or any component of accumulated deprecia-
tion,

(yii) the method of payment of the price of the
facilities ;

(b) for the purposes of subsection 8 of section 7, in
respect of the apportionment of the excess cost of
any benefit referred to in the subsection and the
payment of the excess cost or any part thereof.

m°ent"*°°* 10. This Act comes into force on the day it receives
Royal Assent.

Short title 11. The short title of this Act is The Oxford Municipal

Hydro- Electric Service Act, 1977.

ffi

on'

<-t-

i-(

C— 1

i-S

(^3

ft)

««•.

ft)
"-I

t-t-

ft-

rl'

1 .

,_^

(7«5

^
^

•^
^

nffi o
o ^ '^

3 ►-t O

X 3.

-. o
►1 (/)

CL O)

BILL 112 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Highway Traffic Act

The Hon. John P. MacBeth
Solicitor General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to make it an offence to drive on a highway a
motor vehicle that is equipped with or that carries or contains a radar
warning device.

BILL 112 1977

An Act to amend The Highway Traffic Act

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

1. The Highway Traffic Act, being chapter 202 of the Revised ^jj^^j^^j
Statutes of Ontario, 1970, is amended by adding thereto the
following section :

52a. — (1) In this section, "radar warning device" means J^^^^p""®"
any device or equipment designed or intended for use in a
motor vehicle to warn the driver of the presence of radar
sf)eed measuring equipment in the vicinity and includes any
device or equipment designed or intended for use in a motor
vehicle to interfere with the transmissions of radar speed
measuring equipment.

(2) No person shall drive on a highway a motor vehicle ^^*[jj^
that is equipped with or that carries or contains a radar device ^^^^
warning device.

(3) A police officer may at any time, without a warrant, ^0*0^^°*^ /
enter and search a motor vehicle that he has reasonable officer /
grounds to believe is equipped with or carries or contains a

radar warning device contrary to subsection 2 and may seize \

and take away any radar warning device found in or upon
the motor vehicle.

(4) Where a person is convicted of an offence under this J'ojJ**'^'^"
section, any device seized under subsection 3 by means of
which the offence was committed is forfeited to the Crown.

(5) Every person who contravenes subsection 2 is guilty of Penalty
an offence and on summary conviction is liable to a fine of

not less than $50 and not more than $500.

2. This Act comes into force on the day it receives Royal Assent. S^St"*"''*'

3. The short title of this Act is The Highway Traffic Amendment^^''^^^^^^^
Act, 1977.

K
m o
2. z

•1 X

o
W
w

3
a*

C/)

•-1

cf5'

BILL 112 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Highway Traffic Act

The Hon. John P. MacBeth
Solicitor General

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher. Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to make it an offence to drive on a highway a
motor vehicle that is equipped with or that carries or contains a radar
warning device.

BILL 112 1977

An Act to amend The Highway Traffic Act

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

1. The Highway Traffic Act, being chapter 202 of the Revised |jj5^j.g^j
Statutes of Ontario, 1970, is amended by adding thereto the
following section :

52a. — (1) In this section, "radar warning device" nieans J^^^^p'"®"
any device or equipment designed or intended for use in a
motor vehicle to warn the driver of the presence of radar
speed measuring equipment in the vicinity and includes any
device or equipment designed or intended for use in a motor
vehicle to interfere with the transmissions of radar speed
measuring equipment.

(2) No person shall drive on a highway a motor vehicle ^^*[jj
that is equipped with or that carries or contains a radar device ^^^^
warning device.

(3) A police officer may at any time, without a warrant, po were of /
stop, enter and search a motor vehicle that he has reasonable officer /
grounds to believe is equipped with or carries or contains a
radar warning device contrary to subsection 2 and may seize
and take away any radar warning device found in or upon
the motor vehicle.

(4) Where a person is convicted of an offence under this forfeiture
section, any device seized under subsection 3 by means of
which the offence was committed is forfeited to the Crown.

(5) Every person who contravenes subsection 2 is guilty oivt>n^\ty
an offence and on summary conviction is liable to a fine of
not less than $50 and not more than $500.

(6) Subsection 2 does not apply to a person who is trans- Exception
porting radar warning devices in sealed packages in a motor
vehicle from a manufacturer to a consignee.

Commence-
ment

Short title

2. This Act comes into force on the day it receives Royal Assent.

3. The short title of this Act is The Highway Traffic Amendment
Act. 1977.

r?"

»-

«>

:i:

c*«>.

»-

o»

ffi

C/5 O

(— 1

"-I

re
3

I—'
-J

1-
1'

cfq' ►j^

3?S

BILL 112

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Highway Traffic Act

The Hon. John P. MacBeth
Solicitor General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

enacted

BILL 112 1977

An Act to amend The Highway Traffic Act

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

1. The Highway Traffic Act, being chapter 202 of the Revised |jf^^,
Statutes of Ontario, 1970, is amended by addmg thereto the
following section :

52a. — (1) In this section, "radar warning device" means [^tf^'"®'
any device or equipment designed or intended for use in a
motor vehicle to warn the driver of the presence of radar
speed measuring equipment in the vicinity and includes any
device or equipment designed or intended for use in a motor
vehicle to interfere with the transmissions of radar speed
measuring equipment.

(2) No person shall drive on a highway a motor vehicle ^^^1"^^
that is equipped with or that carries or contains a radar device

^ r^ prohibited

warnmg device.

(3) A poHce officer may at any time, without a warrant, Powers of f
stop, enter and search a motor vehicle that he has reasonable officer '
grounds to believe is equipped with or carries or contains a

radar warning device contrary to subsection 2 and may seize ■

and take away any radar warning device found in or upon
the motor vehicle.

(4) Where a person is convicted of an offence under this Fprfe'ture

• , • 1 1 L . T t_ , of device

section, any device seized under subsection 3 by means of
which the offence was committed is forfeited to the Crown.

(5) Every person who contravenes subsection 2 is guilty of Penalty
an offence and on summary conviction is liable to a fine of

not less than $50 and not more than $500.

(6) Subsection 2 does not apply to a person who is trans- Exception
porting radar warning devices in sealed packages in a motor
vehicle from a manufacturer to a consignee.

Commence- 2. This Act comes into force on the day it receives Royal Assent.

ment

Short title 3^ xhe short title of this Act is The Highway Traffic Amendment

Act, 1977.

m o

(— 1

•-1

<t>

3
cr

"-1

►1

•-1

. .

1— »

H"*

-vj

--J

cJq'

^-^

"-I

D-

BILL 113 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Police Act

The Hon. John P. MacBeth
Solicitor General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. — Subsection 1. Subsection 2 of section 8 of the Act now
reads as follows :

(2) The board, except as provided in subsection 3, shall consist of,

(a) the head of the council ;

(b) a judge of any county or district court designated by the
Lieutenant Governor in Council; and

The requirement that one of the members of a board of police com-
missioners shall be a county or district court judge is removed.

Subsection 2. Subsections 3 and 4 of section 8 of the Act now read
as follows :

(J) Where a vacancy occurs on the board by reason of the death of a
member designated by the Lieutenant Governor in Council, or where
such member is unable to carry cm his duties as a member of the
board by reason of his illruss or absence, the Solicitor General may
in writing appoint some other judge or person, as the case may be,
to act as a member of the board for a period of six months from the
date of such appointment, unless the Lieutenant Governor in Council
sooner appoints another member.

{4) The council shall provide for the payment of a reasonable remunera-
tion, not being less than the minimum prescribed by the regulations,
to the members of the board designated by the Lieutenant Governor
in Council or appointed by the Solicitor General and may provide
for the payment of an allowance to the head of the council.

The re-enactment of the subsections is complementary to subsection 1.

BILL 113 1977

An Act to amend The Police Act

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

1, — (1) Subsection 2 of section 8 of The Police Act, being chapter re-enacted
351 of the Revised Statutes of Ontario, 1970, is repealed
and the following substituted therefor:

(2) The board, except as provided in subsection 3, shall onboard "°°
consist of,

{a) the head of the council; and

(6) two persons appointed by the Lieutenant Governor
in Council.

(2) Subsections 3 and 4 of the said section 8, as amended by Jl^^J^^*^^^^
the Statutes of Ontario, 1972, chapter 1, section 97, are
repealed and the following substituted therefor: j

(3) Where a vacancy occurs on the board by reason of the vacancies

death of a member appointed by the Lieutenant Governor i

in Council, or where such member is unable to carry on his

duties as a member of the board by reason of his illness or

absence, the Solicitor General may in writing appoint some

other person to act as a member of the board for a period of

six months from the date of such appointment, unless the

Lieutenant Governor in Council sooner appoints another

member.

(4) The council shall provide for the payment of a reason- 5^^"°"*'
able remuneration, not being less than the minimum pre-
scribed by the regulations, to the members of the board
appointed by the Lieutenant Governor in Council or the
Solicitor General and may provide for the payment of an
allowance to the head of the council.

B. 9 (2),
re-enaoted

2. Subsection 2 of section 9 of the said Act is repealed and the
following substituted therefor:

Composition
of board

(2) A joint board established under subsection 1 shall
consist of,

{a) the head of the council of each of the municipalities ;
and

(6) such other persons as the Lieutenant Governor in
Council may appoint.

8.13.

re-enacted

8. Section 13 of the said Act is repealed and the following sub-
stituted therefor:

Powers of
council or
board

1971. c. 49

13. A council of a municipality or, where there is a board,
the board may investigate and inquire into any matter con-
nected with the execution of its duties under this Act and
for the purposes of an inquiry the council or board has the
powers of a commission under Part II of The Public Inquiries
Act, 197 J, which Part applies to such inquiry as if it were
an inquiry under that Act.

s. 14 (1),
amended

4. — (1) Subsection 1 of section 14 of the said Act is amended
by striking out "subsection 3 and to" in the first line.

B.11

amended

Idem

(2) The said section 14 is amended by adding thereto the|
following subsection:

(2a) The council may include in its estimates the sums
estimated to be required by the board under subsection 2,
or such greater or lesser sums as the council may determine.

s. 14 (3).
re-enacted

Commission
may order
council to
provide
additional
moneys

(3) Subsection 3 of the said section 14 is repealed and the
following substituted therefor:

(3) Where the board is of the opinion that the council has
failed to make adequate provision in its estimates for the
proper discharge of the responsibilities referred to in sub-
section 1, the board may appeal to the Commission which
may, after a hearing, order that additional moneys be pro-
vided where essential for providing and maintaining an
adequate police force in accordance with the police needs of
the municipality.

s. 16.
re-enacted

5. Section 16 of the said Act is repealed and the following sub-
stituted therefor:

Regrulations
by council
or board

16. — (1) A council of a municipality or, where there is a
board, the board may by by-law make regulations not in-
consistent with the regulations under section 72 for the govern-

Section 2. Subsection 2 of section 9 of the Act now reads as follows:

(2) A joint board established under subsection 1 shall consist of,

(a) the head of the council of each of the municipalities ;

(b) such judge and such other persons as the Lieutenant Governor
in Council may designate.

The re-enactment is complementary to section 1 of the Bill.

Section 3. Section 13 of the Act now reads as follows:

/3. A board has the same power to summon and examine witnesses on
oath as to any matter connected with the execution of its duties, to
enforce their attendance, and to compel them to give evidence, as is vested
in any court of law in civil cases.

The authority of a board to investigate and inquire into any matter
connected with the execution of its duties and its powers on an inquiry
are revised and updated and the section is made to apply to a council.

Section 4. — Subsection 1. Subsection 1 of section 14 of the Act now
reads as follows :

(/) Subject to subsection 3 and to clause g of section 41 , the police force
in a municipality having a board shall consist of a chief of police
and such other police officers and such constables, assistants and
civilian employees as the board considers adequate, and shall be
provided with such accommodation, arms, equipment, clothing and
other things as the board considers adequate.

The amendment is complementary to subsection 3.

Subsection 2. The new subsection clarifies the authority of a council
to vary the estimates submitted by a board.

Subsection 3. Subsection 3 of section 14 of the Act now reads as
follows :

(3) Where the council does not agree with the board on the estimates or
on the adequacy of the number of members of the police force or
the accommodation, arms, equipment or other things for the use and
maintenance of the force, the Commission shall determine the question
after a hearing.

The subsection as re-enacted authorizes a board to appeal to the
Ontario Police Commission where it is dissatisfied with the estimates of the
council.

Section 5. Section 16 of the Act now reads as follows:

16. A board may by by-law make regulations not inconsistent with the
regulations under section 72 for the government of the police force,
for preventing neglect or abuse, and for rendering it efficient tn the
discharge of its duties.

The re-enactment of section 16 clarifies the authority of a council
to make regulations. The new subsections provide that regulations made
by a council or board are subject to approval by the Ontario Police Com-
mission and shall be filed with the Commission and made available for
public ins{>ection.

Section 6. Subsection 1 of section 20 of the Act now reads as follows:

(/) Where a municipality thai has established a police force does not
have a board, the council shall appoint the members of the police
force.

The re-enactment clarifies the authority of a council to govern the
members of its police force.

Section 7. The new section 24a empowers the council of a munici-
pality to pay legal costs incurred by a member of a police force in respect
of an inquiry where the conduct of the member is the subject-matter of
the inquiry.

The new section 246 deals with the reducing of the size of a police
force, the probationary period of a police officer and the retirement of the
members of a pwlice force.

ment of the police force, for preventing neglect or abuse, and
for rendering it efficient in the discharge of its duties.

(2) Regulations made under subsection 1 shall be filed ^^^^
with and are subject to the approval of the Commission.

(3) The council or board and the Commission shall make Regulations
available for public inspection regulations made under sub- available

section 1. inspection

(4) Regulations heretofore made under subsection 1 that ^ontinue°°^
are in force when this subsection comes into force shall within in force
thirty days thereafter be submitted to the Commission for
approval and shall continue in force unless disapproved by

the Commission.

6. Subsection 1 of section 20 of the said Act is repealed and re^nacted
the following substituted therefor :

(1) Where a municipality that has established a police Appointment

^ ' f J f of members

force does not have a board, the council shall appoint the where no
members of the police force and such members are subject
to the government of the council and shall obey its lawful
directions.

7 . The said Act is amended by adding thereto the following Inacted**'
sections :

24a. — (1) The council of a municipality may, to such ^^^'^'^^^'y
extent as it thinks fit, pay the legal costs incurred by ai®«»ico8t8
member of the police force maintained by the council in

respect of an inquiry held by a commission under Part II /

of The Public Inquiries Act, 1971 where the subject-matter ^^^•'^^^ /

of the inquiry includes in whole or in part the conduct of

the member in the performance or purported performance ,

of his duties.

(2) For the purposes of this section, "municipality" includes {"tfog'"*'"
a district, metropolitan or regional municipality that main-
tains a police force.

246. The council of a municipality or, where there is a J°*jfcUor
board, the board may, board

(a) without a hearing but subject to the consent of the
Commission, dispense with the services of any
member of the police force for the purpose of reducing
the size of or abolishing the police force, where the
reduction or abolition is not in contravention of this
Act;

(b) without a hearing dispense with the services of any
pohce officer within eighteen months of his becoming
a pohce officer ; and

(c) make rules or regulations, not inconsistent with an
agreement made under section 29, 30 or 31 or a
decision or award of an arbitrator made under sec-
tion 32, for the retirement of members of the police
force who are entitled to a pension under a pension
plan established for the members of the police force
and, without a hearing, may retire the members in
accordance with those rules or regulations.

8. 42 (3).
re-enacted

Powers of
Commission.
Com-
missioner
and deputy
commissioner

1971. c. 49

8. Subsection 3 of section 42 of the said Act is repealed and
the following substituted therefor :

(3) The Commission, the Commissioner or a deputy commis-
sioner may investigate and inquire into the conduct of any
member of the Ontario Provincial Police Force or of any
employee connected therewith and for the purposes of an
inquiry has the powers of a commission under Part II of
The Public Inquiries Act, 1971, which Part applies to such
inquiry as if it were an inquiry under that Act.

8. 476.
enacted

9. The said Act is further amended by adding thereto the following
section :

Payment
of legal
costs

476. The Treasurer of Ontario may, to such extent as he
thinks fit, pay out of the Consolidated Revenue Fund the
legal costs incurred by a member of the Ontario Provincial
Police Force in respect of an inquiry held by a commission
under Part II of The Public Inquiries Act, 1971 where the
subject-matter of the inquiry includes in whole or in part the
conduct of the member in the performance or purported
performance of his duties.

8. 56 (3).
re-enacted

10. — (1) Subsection 3 of section 56 of the said Act is repealed and
the following substituted therefor:

Powers on
inquiry

(3) For the purpose of an inquiry under this section, the
Commission has the powers of a commission under Part II
of The Public Inquiries Act, 1971 , which Part applies to such
inquiry as if it were an inquiry under that Act.

8. 56 (6).
re-enacted

(2) Subsection 6 of the said section 56 is repealed and the
following substituted therefor:

Powers of
council or
board

(6) Where the Commission reports that a police officer has
misconducted himself or is not performing or is incapable of
performing his duties in a manner that satisfies the require-

Section 8. Subsection 3 of section 42 of the Act now reads as follows :

(J) The Commission, the Commissioner or a deputy commissioner may
hold an inquiry into the conduct of any member of the Ontario
Provincial Police Force or of any employee connected therewith and
upon such inquiry it or he has and may exercise all the powers and
authority that may be conferred upon a person appointed under The
Public Inquiries Act.

The authority of the Commission, the Commissioner of the Ontario
Provincial Police Force or a deputy commissioner to inquire into the
conduct of a member of the Ontario Provincial Police Force and its and his
powers on an inquiry are revised and updated.

Section 9. The new section 476 empowers the Treasurer of Ontario
to pay legal costs incurred by a member of the Ontario Provincial Police
Force in respect of an inquiry where the conduct of the member is the
subject-matter of the inquiry.

Section 10. — Subsection 1. Subsection 3 of section 56 of the Act now /

reads as follows :

(J) The Commission or person holding an investigation under this *

section has and may exercise all the powers and authority that may
be conferred upon a person appointed under The Public Inquiries
Act.

The powers of the Ontario Police Commission on an inquiry are revised
and updated.

Subsection 2. Subsection 6 of section 56 of the Act now reads as
follows :

(6) The Commission may grant to a person attending to give evidence
at an inquiry or investigation under this section such fees and expenses
as are set out in the Schedule to The Crown Witnesses Act.

The repeal of the subsection is complementary to the re-enactment of
subsection 3 of section 56. The new subsection sets out the powers of a council
or board following a report of the Ontario Police Commission.

Section 11. Section 57 of the Act deab with inquiries by the
Ontario Police Commission.

The re-enactment revises and updates the powers of the Ontario Police
Commission on an inquiry and removes provisions that are no longer
applicable by reason of The Public Inquiries Act, 1971 .

Section 12. Section 58 of the Act now reads as follows :

58. The chairman of the Commission may authorize one or more members
of the Commission to exercise the powers and perform the duties
of the Commission under section 41 or 57 .

The amendment is editorial.

ments of his position, the council or, where there is a board,
the board may, without a hearing,

{a) reduce the poHce officer in rank or gradation of
rank and in pay in accordance with the rank to
which he is reduced; or

(b) where the report so recommends, dismiss the pohce
officer or place him on retirement if he is entitled
thereto.

11. Subsections 2 to 10 of section 57 of the said Act are repealed ^^^7^2^^)^^
and the following substituted therefor : a 57 (5-10),

"^ repealed

(2) For the purpose of an inquiry under this section, the i^°^i^°°
Commission has the powers of a commission under Part II 1971,0.49
of The Public Inquiries Act, 1971 , which Part applies to such
inquiry as if it were an inquiry under that Act.

(3) Sections 3 to 6 of The Public Inquiries Act, 1971 apply ^^^icauon
with necessary modifications to an inquiry under this section.

(4) Where the Lieutenant Governor in Council is satisfied ^e™
that it is necessary to achieve the purposes of an inquiry, the
Lieutenant Governor in Council may in the order in council
directing the inquiry, or by a subsequent order in council,
declare that Part III of The Public Inquiries Act, 1971 applies

to the inquiry and to the Commission.

12. Section 58 of the said Act is amended by inserting after "41" |,5Jnaea
in the third line "56".

13. This Act comes into force on a day to be named by proclamation Sj°^^®°°®" /
of the Lieutenant Governor.

14. The short title of this Act is The Police Amendment Act, 1977. short title

o
to

X
c/> o

►-I 33

O^
(t hrt
3 •

•-» 2

£L >

ft)
3
a*

1:0

"-1

!-♦■

>
O

O
P

ft)

3-
fe

>
o

BILL 114 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Police Act

The Hon. John P. MacBeth
Solicitor General

T (; K () N T (;
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. A new Part (Part V-A) is added to The Police Act and
deals with citizen complaints and (>oIice discipline.

The major provisions of the Part are as follows :

1. Section 536 provides for the manner in which a chief of police
or a council or board shall deal with a citizen complaint.

2. Provision is made for the appointment of a Commissioner of Citizen
Complaints and his general powers are set out. (Section 53f).

3. Sections 53d, 53c, 53/, 53g and 53A deal with the powers of investiga-
tion conferred on the Complaints Commissioner.

4. Section 53i provides for the review by the Complaints Com-
missioner of a decision made on a disciplinary proceeding.

5. Section 53; establishes the Citizen Complaints and Police Discipline
Review Board and provides for its membership, its quorum and its
sittings.

6. Section 53^ determines the parties to a hearing by the Review
Board held on the direction of the Complaints Commissioner and
empowers the Review Board to impose disciplinary penalties on a
police officer.

7. Section 53/ empowers a chief of police to suspend a police officer
from duty pending an investigation into the conduct or per-
formance of the officer and confers a similar power on the chairman
of a board or the head of council in respect of an investigation
into the conduct or performance of a chief of pwlice.

8. Section 53m deals with disciplinary proceedings by a chief of
police and sets out the procedures for such proceedings and the
penalties that may be imposed thereafter.

The provisions of the section also apply with the necessary
modifications to a proceeding by a council or board in respect
of the conduct or f)erformance of a chief of police.

9. Section 53n provides for a review by a council or board of a
decision of a chief of police on a disciplinary proceeding.

10. Sections 53o and 53^ provide for appeals to the Ontario Police
Commission and set out procedures thereon.

11. Section 53^ provides for a hearing by the Review Board where
required by a police officer.

12. Section 53r provides for an appeal to the Divisional Court on a
question of law.

13. Section 53s deals with the giving or serving of notices required
under Part V-A.

14. Section 53/ provides a limitation period of eighteen months in respect
of disciplinary proceedings.

15. Sections 53«, 53v and 531* are self-explanatory.

Section 2. Obstruction of a person making an investigation under
the new section 53d is made an offence and a penalty therefor is provided.

Section 3. Subsection 1 of section 72 of the Act authorizes the
Lieutenant Governor in Council to make regulations respecting the matters
set out in the clauses.

The amendment is complementary to the new Part V-A.

BILL 114 1977

An Act to amend The Police Act

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

1. The Police Act, being chapter 351 of the Revised Statutes of ^85^.53^)
Ontario, 1970, is amended by adding thereto the following Part: enacted

PART V-A

CITIZEN COMPLAINTS AND POLICE DISCIPLINE

53a. In this Part, interpre-

tation

[a) "chief of pohce", except where the context other-
wise requires, includes the Commissioner of the
Ontario Provincial Police Force ;

(6) "Complaints Commissioner" means the Commissioner

of Citizen Complaints ; /

{d) "Review Board" means the Citizen Complaints and
Police Discipline Review Board.

536. — (1) Where a chief of police receives a complaint complaints
from any person concerning the conduct of or the performance
of duties by any pK)lice officer on his police force, he shall
record the complaint in the prescribed manner and investi-
gate it forthwith and shall forward a copy of the recorded
complaint to the Complaints Commissioner.

(2) Where a chief of p>olice receives a complaint from any ^l^'^l°l
person concerning his conduct or the performance of his
duties, he shall forthwith refer the complaint to the Com-

plaints Commissioner and give notice of such referral to the
council or, where there is a board, the board.

Idem

(3) Where a council or board receives a complaint from
any person concerning the conduct of the chief of police or
the performance of his duties, it shall forthwith refer the
complaint to the Complaints Commissioner.

Idem

(4) Where a council or board receives a complaint from
any person concerning the conduct of or the performance of
duties by any police officer on its police force, other than
the chief of police, it shall forthwith refer the complaint
to the chief of police and such complaint is deemed to be a
complaint received under subsection 1.

Idem

(5) Where a complaint is referred to the Complaints
Commissioner under subsection 2 or 3, the Complaints Com-
missioner shall forthwith give notice thereof in writing to
the complainant.

Resolution
of complaint

(6) Where the chief of p>olice is of the opinion that a
complaint received under subsection 1 involves an allegation
of misconduct or unsatisfactory performance by a police
officer that is of a minor nature, he may attempt to resolve
the complaint informally or may approve any informal
resolution that has taken place and shall report thereon to
the Complaints Commissioner and the complainant.

How

complaint
to be dealt
with

(7) Where the chief of police is of the opinion that a
complaint received under subsection 1 involves an allegation
of misconduct or unsatisfactory performance by a police officer
that is of a serious nature, he,

{a) shall cause disciplinary proceedings to be commenced
under section 53w; or

(b) shall refer the report of the investigation to the
Complaints Commissioner,

and may refer the report of the investigation to the Crown
attorney who shall consider whether a criminal or other
offence may have been committed.

disciplinary
proceedings,
etc.. until
notice to
I>ollce officer

(8) No disciplinary proceedings shall be commenced under
section 53m and no reference to a complaint dealt with
under subsection 6 shall be entered in the personal record
of a poHce officer who is the subject of a complaint unless
the officer has been notified of the complaint and given at

least seven days in which to submit in writing any explana-
tions or representations he may wish to make concerning
the matter.

(9) Where disciplinary proceedings are commenced pur- Notice
suant to clause a of subsection 7, the chief of police shall
forthwith give notice thereof in writing to the complainant

and the Complaints Commissioner.

(10) Where a report of an investigation is referred to the^**®™
Complaints Commissioner under clause b of subsection 7,
the chief of police shall forthwith give notice thereof in
writing to the complainant.

(11) A chief of pohce may designate any police officer j^e^ignation
on his police force to exercise any of his powers and perform of police
any of his duties under this Part and the police officer so
designated has the powers and duties set out in the designation

and where any power is conditional on the opinion of the
chief of police, the requisite opinion shall be that of the
designated officer.

53c. — (1) The Lieutenant Governor in Council shall appoint oFE^mpiltnL
a Commissioner of Citizen Complaints to exercise the powers com-

TTl iRWlfinftT*

and perform the duties assigned to him by this Act and the
regulations, subject to the direction of the Solicitor General.

(2) The Complaints Commissioner, duuirof"*

Complaints

Com- i

mlssioner f

(a) may receive from any person a complaint con-
cerning the conduct of or the performance of duties
by any chief of police or other police officer ;

(6) may investigate a complaint made to him or
refer the complaint for investigation and disposition
under section 536 ;

(d) shall investigate a complaint referred to him under
subsection 2, 3 or 7 of section 536;

{e) may refer the report of an investigation to the
Crown attorney who shall consider whether a criminal
or other offence may have been committed;

{/) shall receive a request under section 53«;

{g) shall maintain a system of statistical records and
research studies of complaints and their disposition ;
and

(A) shall perform such other duties as are assigned to him
under this Act or the regulations.

Idem

(3) Notwithstanding section 536 and notwithstanding that
a complaint has been referred under clause b of subsection 2,
the Complaints Commissioner may investigate at any time
a complaint concerning the conduct of or the performance
of duties by a police officer.

Annual
report

(4) The Complaints Commissioner shall report annually
upon the affairs of his office to the Solicitor General who
shall submit the report to the Lieutenant Governor in
Council and shall cause the report to be laid before the
Assembly if it is in session or, if not, at the next ensuing
session.

Audit

(5) The accounts of the Complaints Commissioner shall be
audited annually by the Provincial Auditor.

Powers on
investigation

53d. — (1) For the purpose of an investigation, the Com-
plaints Commissioner may inquire into and examine the
affairs of the police officer in respect of whom the investi-
gation is being made and may,

(a) enter at any reasonable time the premises of such
police officer, not including any premises or part
thereof occupied as living accommodation, and
examine books, papers, documents and things rele-
vant to the subject-matter of the investigation ; and

(b) after informing the chief of police or the council of
the municipality, or, where there is a board, the
board, of his intention to make the investigation,
enter the premises of the police force and inspect the
premises and carry out therein any investigation he
is authorized to make,

1971.0.40

and for the purposes of the inquiry, the Complaints Com-
missioner has the powers of a commission under Part II of
The Public Inquiries Act, 1971, which Part applies to such
inquiry as if it were an inquiry under that Act.

(2) No person shall obstruct the Complaints Commissioner obstruction
or a person appointed to make an investigation or with-
hold from him or conceal or destroy any books, papers,
documents or things relevant to the subject-matter of the
investigation.

(3) Where a provincial judge is satisfied upon an ex parte ^^^^t
appHcation by the Complaints Commissioner that there is
reasonable ground for believing there are in any building,
dwelling, receptacle or place any books, papers, documents or
things relating to the police officer whose conduct is being
investigated and to the subject-matter of the investigation,

the provincial judge may, whether or not an inspection has
been made or attempted under subsection 1, issue an order
authorizing the Complaints Commissioner, together with such
police officer or officers as he calls upon to assist him, to enter
and search, if necessary by force, such building, dwelling,
receptacle or place for such books, papers, documents or
things and to examine them, but every such entry and
search shall be made between sunrise and sunset unless the
provincial judge, by the order, authorizes the Complaints
Commissioner to make the search at night.

(4) The Complaints Commissioner may, upon giving a ^j^books'
receipt therefor, remove any books, papers, documents or etc
things examined under subsection 1 or 3 relating to the police
officer whose conduct is being investigated and to the subject-
matter of the investigation for the purpose of making copies

of such books, papers or documents, but such copying shall
be carried out with reasonable dispatch and the books, papers
or documents in question shall be promptly thereafter returned
to the person from whom they were removed. i

(5) Any copy made as provided in subsection 4 and certified o/^c'Spl^*''"*^ ^
to be a true copy by the Complaints Commissioner is

admissible in evidence in any action, proceeding or prosecution I

as prima facie proof of the original book, paper or document
and its contents.

(6) The Complaints Commissioner may appoint any expert of'eSert?*"'
to examine books, papers, documents or things examined

under subsection 1 or 3.

53d. — (1) Every person employed in the administration of Jinfldentiai
this Part, including any person making an inquiry, inspection
or an investigation under this Part, shall preserve secrecy
in respect of all matters that come to his knowledge in the
course of his duties, employment, inquiry, inspection or
investigation and shall not communicate any such matters to
any other person except,

(a) as may be required in connection with the adminis-
tration of this Part and the regulations or any
proceedings under this Part ;

{b) as may be required for the due enforcement of the
law;

(f ) to his counsel ; or

{d) with the consent of the person to whom the informa-
tion relates.

Testimony
in civil
suit

(2) No person to whom subsection 1 applies shall be
required to give testimony in any civil suit or proceeding
with regard to information obtained by him in the course
of his duties, employment, inquiry, inspection or investi-
gation, except in a proceeding under this Part.

Complaints
Com-
missioner
may refuse
to investigrate
complaint

53/. — (1) The Complaints Commissioner may in his dis-
cretion decide not to investigate, or, as the case may require,
not to further investigate, any complaint if it relates to any
matter of which the complainant has had knowledge for
more than twelve months before the complaint is received
by the Complaints Commissioner, or, if in his opinion,

(a) the subject-matter of the complaint is trivial ; or

(b) the complaint is frivolous or vexatious or is not
made in good faith.

Complainant
to be
Informed

(2) In any case where the Complaints Commissioner
decides not to investigate or further investigate a complaint
he shall inform the complainant in writing of his decision,
and, may, if he thinks fit, state his reasons therefor.

Procedure

after

Investigation

(3) Where an investigation has been completed, the
Complaints Commissioner,

(a) shall refer the matter to the chief of police,
together with his recommendations, where he is
of the opinion that there is evidence of misconduct
or unsatisfactory performance by a police officer
that is of a minor nature;

(6) shall direct that a hearing be held by the Review
Board, where he is of the opinion,

(i) that there is evidence of misconduct or
unsatisfactory performance by a police officer
that is of a serious nature, or

(ii) that there is evidence of misconduct or
unsatisfactory performance by a chief of
police; or

and shall notify in writing the complainant and any other
person or body he considers proper of the action taken or of
his decision to take no further action.

(4) Where the Complaints Commissioner directs a hearing JJhJ'rehlSinl
under subclause i of clause b of subsection 3, no disciplinary directed
proceeding shall be commenced under section 53m or, where
such proceeding has been commenced, it shall terminate forth-
with.

53^. — (1) Every investigation by the Complaints Com- [°^i^^in'^*"°°
missioner shall be conducted in private. private

presen-

lODS

(2) The Complaints Commissioner may hear or obtain ^^^^
information from such persons as he thinks fit, and may may be made
make such inquiries as he thinks fit and it is not necessary

for the Complaints Commissioner to hold any hearing but,
if at any time during the course of an investigation, it
appears to the Complaints Commissioner that there may
be sufficient grounds for his making any report or recom-
mendation that may adversely affect a chief of police or
other poHce officer or a municipal council or, where there is a
board, the board, he shall give to that person or body an
opportunity to make representations respecting the adverse
report or recommendation, either personally or by counsel.

(3) The Complaints Commissioner may, in his discretion, bycom^"°"
at any time during or after any investigation, consult any plf^j^Qgr™'
chief of police or council or, where there is a board, the

board, that is concerned in the matter of the investigation.

(4) On the request of the chief of police or council or, ^oJS?'**"*"
where there is a board, the board, in relation to an investiga- miMioner
tion, the Complaints Commissioner shall consult that person "*

or body after making the investigation and before he takes
any further action.

(5) The Complaints Commissioner may, in writing, appoint ^^gjjjjn"'"'
a person to make any investigation he is authorized to make f^JJ^J^^^jQ^
and the person so appointed has all the powers and duties

of the Complaints Commissioner relating to an investigation.

(6) The person appointed to make an investigation shall Report
report the result of his investigation to the Complaints
Commissioner.

•

Report by
Complaints
Com-
missioner

Request
for review

53h. Where, after making an investigation under this
Part, the Complaints Commissioner is of the opinion that a
poHce practice or procedure should be altered, the Com-
plaints Commissioner shall report his opinion, and his
reasons therefor, to the council or, where there is a board,
the board concerned, the Commission and the Solicitor
General, together with such recommendations as he thinks
fit.

53i. — (I) A complainant who is dissatisfied with the
decision made on a disciplinary proceeding arising out of
his complaint that is not a decision of the Review Board
or with a decision not to commence a disciplinary proceeding
may request the Complaints Commissioner to review the
matter.

Review Board
to hold
hearing

(2) Where the Complaints Commissioner receives a request
under subsection 1, he shall investigate the matter and may,
after such investigation, direct that a hearing be held by
the Review Board in any case where he is of the opinion
that there is evidence of misconduct or unsatisfactory per-
formance by a police officer that is of a serious nature and
in any other case may decide to take no further action.

Notice

(3) Where the Complaints Commissioner directs a hearing
under subsection 2, he shall so notify in writing the com-
plainant and the chief of police and, where applicable, the
council or board.

Idem

(4) Where the Complaints Commissioner decides under sub-
section 2 to take no further action, he shall so notify in writing
the complainant and any other person or body he considers
proper.

Where
hearing not
to be
directed

(5) The Complaints Commissioner shall not direct a hear-
ing by the Review Board where a hearing has been required
under section 53^.

Review

Board

established

53 j. — (1) The Citizen Complaints and Police Discipline
Review Board is established and shall consist of not more
than seven members who shall be appointed by the Lieuten-
ant Governor in Council and the Lieutenant Governor in
Council shall appoint one of such members as chairman.

Term of
office

(2) The members of the Review Board shall be appointed
to hold office for a term not exceeding three years and
may be reappointed for further successive terms not exceed-
ing three years each.

(3) The members of the Review Board shall be paid Remunera-
such salaries or other remuneration and expenses as may be

fixed by the Lieutenant Governor in Council.

(4) The chairman shall have general supervision and Duties of
direction over the conduct of the affairs of the Review
Board, and shall arrange the sittings of the Review Board

and assign members to conduct hearings as circumstances
require.

(5) Three members of the Review Board constitute a Quorum
quorum, but the chairman may in writing authorize one
member of the Review Board to hear and determine any
matter, and for such purpose such member may exercise all

the jurisdiction and powers of the Review Board and his
decision shall be a decision of the Review Board.

(6) The Review Board shall prepare and periodically summaries

, , . , <• • 1 • • , 1 1 and report

publish a summary of its decisions and the reasons there-
for and shall report annually on its affairs to the Solicitor
General who shall submit the report to the Lieutenant
Governor in Council and shall cause the report to be laid
before the Assembly if it is in session or, if not, at the next
ensuing session.

(7) The accounts of the Review Board shall be audited Audit
annually by the Provincial Auditor.

53^. — (1) Where a hearing by the Review Board is Hearing
directed under clause b of subsection 3 of section 53/ or

subsection 2 of section 53i, the Review Board shall appoint i

a time for and hold the hearing and may, by order, impose /

any penalty a chief of police may impose under subsection
2 of section 53m.

(2) The Complaints Commissioner, the chief of police and Parties
the police officer whose conduct or f)erformance is being
investigated are parties to the proceedings under this section.

(3) Where the conduct or performance of a chief of w«n»
police is being investigated, the Complaints Commissioner,
the council or, where there is a board, the board, and the
chief of police are parties to the proceedings under this
section.

(4) A police officer whose conduct or performance is being gf^i^/^*^'
investigated in proceedings before the Review Board shall be evidence
afforded an opportunity to examine before the hearing any
written or documentary evidence that will be produced or

Member
holding:
hearing not
to com-
municate
with party

Oral
evidence

Only

members at
hearing to
participate
m decision

Release of

documents

Police officer
not required
to give
evidence
1971, c. 47

Proof of

misconduct,

etc.

Decision

and

reasons

any report the contents of which will be given in evidence at
the hearing.

(5) A member of the Review Board holding a hearing
shall not communicate directly or indirectly in relation to
the subject-matter of the hearing with any person or with
any party or his representative except upon notice to
and opportunity for all parties to participate, but the
Review Board may seek legal advice from an adviser
independent from the parties and in such case the nature
of the advice should be made known to the parties in order
that they may make submissions as to the law.

(6) The oral evidence taken before the Review Board
shall be recorded and, if so required, copies or a transcript
thereof shall be furnished upon the same terms as in the
Supreme Court.

(7) No member of the Review Board shall participate in a
decision of the Review Board pursuant to a hearing unless
he was present throughout the hearing and heard the
evidence and argument of the parties and, except with
the consent of the parties, no decision of the Review Board
shall be given unless aU members so present participate in
the decision.

(8) Documents and things put in evidence at a hearing
of the Review Board shall, upon the request of the person
who produced them, be released to him by the Review
Board within a reasonable time after the matter in issue
has been finally determined.

(9) Notwithstanding section 12 of The Statutory Powers
Procedure Act, 1971, the police officer whose conduct or
performance is being investigated shall not be required to
give evidence at the hearing nor shall any statement or
answer required to be given by him in respect of the
allegations made against him be admitted as evidence
at the hearing except for the purpose of cross-examining
him, but the Review Board may draw such inferences as it
thinks appropriate from the failure of the police officer
to explain or answer allegations made against him.

(10) Before making a finding of misconduct or unsatis-
factory performance, the Review Board shall be satisfied
that the misconduct or unsatisfactory performance has been
established by a fair and reasonable preponderance of
credible testimony.

(11) The Review Board shall forthwith serve notice in
writing of its decision and the reasons therefor on the com-
plainant and the parties to the proceedings.

53/. — (1) A chief of police, pending an investigation by him ^^^^
or by the Complaints Commissioner, as the case may be, of maybe

8118136 Udcd

the conduct or performance of a police officer, may suspend
the police officer from duty with pay for a period not exceeding
thirty days.

(2) Where in the opinion of the chief of police an additional ^g'^enljcfn
period of time is required to complete the investigation or

any proceedings resulting therefrom, the chief of police may
renew the suspension under subsection 1 for an additional
period or periods of thirty days.

(3) Notwithstanding subsections 1 and 2, where a penalty ^^0^°^*°°
provided in clause a or 6 of subsection 2 or clause b of appeal
subsection 4 of section 53m is imposed on a disciplinary
proceeding, the chief of police may direct that the police

officer be suspended from duty without pay pending the
final disposition of any appeal that may be taken.

(4) The chief of police may, at any time, revoke a suspen- Revocation
sion and order that the suspended police officer be returned suspension
to duty and may, from time to time, reimpose the suspension

as he considers necessary.

(5) During the period of suspension, the police officer shall Prohibition
not,

(a) exercise any power or authority vested in him as
a police officer; or

{b) wear or use any article of clothing or equipment

issued to him as a f)olice officer. /

(6) Suspension of a police officer shall cease upon the final ^^ngjon
disposition of any proceedings in which his conduct or per- to cease
formance is in issue.

(7) The head of council or, where there is a board, the ?5i\®/e°iiaY
chairman of the board, may suspend a chief of police from be suspended
duty pending an investigation, and the provisions of this

section apply with necessary modifications to the head of
council or chairman of the board, as the case may be, and to
the chief of police.

53m. — (1) Where, in the opinion of the chief of police, J,°,^J^Bit,on
a police officer has misconducted himself or is not perform- of penalties on

.'^,. ,, , , .j^- i.u* disciplinary

mg or IS mcapable of performing his duties in a manner that proceeding
satisfies the requirements of his p>osition, the chief of police
may, after a hearing, impose a penalty provided in subsection
2 or 3 or take action under subsection 4, as the case may be.

"•"^ (2) Where the chief of police finds the police officer guilty

of misconduct or unsatisfactory performance that, in his
opinion, is of a serious nature, he may by order,

(a) dismiss the police officer from the police force;

(b) direct that the police officer resign from the police
force and, in default of resigning within seven days,
be summarily dismissed;

(c) reduce the police officer in rank or gradation of rank
and in pay in accordance with the rank to which he
is reduced;

(d) direct that days off not exceeding twenty days be
forfeited ;

(e) direct that pay not exceeding five days pay be
forfeited; or

(/) reprimand the police officer, which reprimand may
be in lieu of or in addition to any other penalty
imposed.

"^"^ (3) Where the chief of police finds the police officer guilty

of misconduct or unsatisfactory performance that, in his
opinion, is of a minor nature, he may by order,

(a) direct that days off not exceeding five days be
forfeited ;

(b) direct that pay not exceeding three days pay be
forfeited; or

^*^®'" (4) Where the chief of police finds that the police officer

is not performing or is incapable of performing his duties
in a manner that satisfies the requirements of his position,
he may by order,

(a) reduce the police officer in rank or gradation of rank
and in pay in accordance with the rank to which he
is reduced; or

(6) dismiss the police officer or place him on retirement
if he is entitled thereto.

^^^<^i^ (5) A finding that a police officer is incapable, due to

mental or physical disability, of performing his duties in a
manner that satisfies the requirements of his p)osition shall
be based on the evidence of not less than two legally qualified
medical practitioners.

(6) No police officer shall be liable to a penalty under No^genaity
subsection 2 or 4 unless the notice of hearing served upon notice
him included a notice that he would be liable to such penalty

if the misconduct or unsatisfactory performance is estabhshed
on the hearing or he is given notice to that effect during the
course of the hearing.

(7) Notwithstanding section 9 of The Statutory Powers fo®*e^heid
Procedure Act, 1971, and except where the hearing arises '" ca'" era
out of a complaint, hearings under this section shall be held ^^'^' *^^^
in camera, but, if the police officer whose conduct or per-
formance is being investigated requests otherwise by a notice
delivered to the chief of poHce before the day fixed for the
hearing, the chief of police shall conduct the hearing in public
except where he is of the opinion that,

{a) matters involving public security may be disclosed;
or

[b) the possible disclosure of intimate financial or per-
sonal matters outweighs the desirability of holding
the hearing in public.

(8) Subsections 4, 8, 9 and 10 of section 53^ apply with Application
necessary modifications to a hearing under this section.

(9) The chief of police shall forthwith serve notice in writ- de°ci8ion^
ing of his decision and the reasons therefor on the council or,
where there is a board, the board, the police officer whose
conduct or performance is being investigated and, where the
hearing arose out of a complaint, on the complainant and

the Complaints Commissioner.

(10) Subject to subsection 11, the council or, where there is Jy council /
a board, the board, may hold a hearing under this section or board

where the conduct or performance of the chief of police is in
question, and the provisions of this section apply with
necessary modifications to such a hearing.

(11) No council or board shall hold a hearing under sub- X?heLing
section 10 where a complaint has been made concerning the ^^
conduct or performance of the chief of police.

(12) No reference to a proceeding under this section or [i°j^^Jl^i°*
section 53k shall be made in the personal record of a police record of
officer against whom misconduct or unsatisfactory performance ^ *^**
was alleged unless the misconduct or unsatisfactory perform-
ance is established in the proceeding.

53n.— (1) The council or, where there is a board, the SSJiSon^'
board, may within thirty days of being served with notice

of a decision pursuant to subsection 9 of section 53w review
and confirm, alter or revoke the decision as it considers proper,
and for the purposes of a review, the council or board is not
required to hold a hearing but may afford to the police officer
an opportunity to make representations in any case it considers
proper and shall afford such opportunity to the police officer
in every case where it proposes to impose a penalty that, in
its opinion, is more severe.

When
decision
deemed
affirmed

Notice

(2) Where a council or board fails to make the review
under subsection 1, the decision shall be deemed to have
been confirmed.

(3) The poHce officer whose conduct or performance is
being investigated, the chief of police and, where the review
was of a decision made on a disciplinary proceeding arising
out of a complaint, the complainant and the Complaints
Commissioner shall be served forthwith with notice in writing
of the results of the review.

Appeal to
Commission

53o. — (1) Except where the decision is made on a dis-
ciplinary proceeding arising out of a complaint, a police
officer who is aggrieved by a decision made under section 53w
or the results of a review made under section 53n may appeal
to the Commission.

Notice of
appeal

(2) A notice of appeal to the Commission shall be served
on the Commission within fifteen days after notice of the
results of a review under subsection 1 of section 53« was
received by the police officer or the time for such review has
elapsed.

Parties

(3) The appellant and the chief of police are parties to the
appeal.

Extension
of time

(4) Notwithstanding subsection 2, where the Commission
is satisfied that there are prima facie grounds for granting
relief and that there are reasonable grounds for granting an
extension, it may extend the time for giving the notice either
before or after the expiration of the fifteen-day period referred
to in subsection 2 and may give such directions as it considers
proper consequent upon such extension.

Hearing
of appeal

Application

(5) Where an appeal is taken under this section, the
Commission shall appoint a time for and hear the appeal and
may by order confirm, alter or revoke the decision made
under section 53m or 53n as it considers proper.

(6) Subsections 4 to 10 of section 53^ apply with necessary
modifications to a hearing of an appeal under this section.

(7) The Commission shall forthwith serve notice in writing Notice^^^^
of its decision and the reasons therefor upon the parties to
the appeal.

53p. — (1) A chief of police who is aggrieved by a decision ^p^^^ to ^^
of a council or board respecting his conduct or performance
may appeal to the Commission.

(2) A notice of appeal to the Commission shall be served on Notice of
the Commission within fifteen days after the chief of police
receives notice of the decision of the council or board.

(3) The chief of police and the council or board, as theP*'^*®^
case may be, are parties to the appeal under this section.

(4) Notwithstanding subsection 2, where the Commission E»*^°8io°
is satisfied that there are prima facie grounds for granting

relief and that there are reasonable grounds for granting an
extension, it may extend the time for giving the notice either
before or after the expiration of the fifteen-day period referred
to in subsection 2 and may give such directions as it con-
siders proper consequent upon such extension.

(5) Where an appeal is taken under this section, the^^*'^'^
Commission shall appoint a time for and hear the appeal

and may by order confirm, alter or revoke the decision
made under section 53w as it considers proper.

(6) Subsections 4 to 10 of section 53/j apply with necessary Application
modifications to a hearing of an appeal under this section.

(7) The Commission shall forthwith serve notice in writing ^g°"B*i^°^
of its decision and the reasons therefor upon the parties to the
appeal.

53^. — (1) Where the decision is made on a disciplinary g^ar^ng^^y^^^j
proceeding arising out of a complaint, a police officer who is maybe
aggrieved by a decision made under section 53w or the results
of a review made under section 53« may require a hearing by
the Review Board.

(2) A notice in writing requiring a hearing by the Review Notice^that
Board shall be served on the Review Board within fifteen required
days after notice of the results of a review under subsection 1

of section 53n was received by the police officer or the time for
such review has elapsed.

(3) The police officer, the chief of police and the Complaints Pwtie*
Commissioner are parties to proceedings before the Review
Board under this section.

Extension
of time

(4) Notwithstanding subsection 2, where the Review Board |
is satisfied that there are prima facie grounds for granting
rehef and that there are reasonable grounds for granting an
extension, it may extend the time for giving the notice either
before or after the expiration of the fifteen day period referred
to in subsection 2 and may give such directions as it considers
proper consequent upon such extension.

Hearing

Notice

(5) Where a police officer requires a hearing by the
Review Board in accordance with subsection 1, the Review
Board shall appoint a time for and hold the hearing and may
by order confirm, alter or revoke the decision made under
section 53w or 53« as it considers proper.

(6) The Review Board shall give to the complainant, the
chief of police and, where applicable, the council or board,
notice in writing of the hearing and of the time appointed
therefor.

Application

(7) Subsections 4 to 10 of section 53^ apply with necessary
modifications to a hearing under this section.

Notice of
decision

(8) The Review Board shall forthwith serve notice in
writing of its decision and the reasons therefor upon the
complainant and the parties to the hearing.

Appeal

53r. — (1) Any party to proceedings before the Commission
or the Review Board may appeal from the decision of the
Commission or the Review Board to the Divisional Court in
accordance with the rules of court.

Solicitor
General
entitled
to be heard

(2) The Solicitor General is entitled to be heard, by counsel
or otherwise, upon the argument of an appeal under this
section.

Appeal on
questions of
law only

How notice

maybe

given

When
service
deemed
made

(3) An appeal under this section may be made on questions
of law only.

53s. — (1) Any notice required to be given or served under
this Part is sufficiently given or served if delivered personally
or sent by prepaid first class mail addressed to the person
to whom delivery or service is required to be made.

(2) Where service is made by mail, the service shall be
deemed to be made on the fifth day after the day of mailing
unless the person on whom service is being made establishes
that he did not, acting in good faith, through absence,
accident, illness or other cause beyond his control receive the
notice or order until a later date.

53/. Notwithstanding section 11 of The Public Authorities ^^^^^^°^
Protection Act, a proceeding under clause b of subsection 3 of instituting
section 53/, subsection 2 of section 53i or section 53w may r.s.o. 1970,
be instituted against a police officer in respect of an act °^^^
done in the performance of his duties, or in respect of any
alleged neglect or default in the performance of his duties
up to eighteen months next after the act or the alleged
neglect or default occurred.

53m. The Ombudsman Act, 1975 does not apply to a mem- 1975, c. 42

u06S notj

ber of a police force, the functions of police forces, the apply
Commission, the Complaints Commissioner or the Review
Board.

53v. Such officers and employees as are considered o.^cers.
necessary from time to time for the purposes of the Com-
plaints Commissioner and the Review Board may be appointed
under The Public Service Act. ^fo?-^^®-

53w. The moneys required for the purposes of the Com-^°°®y8
plaints Commissioner and the Review Board shall, until the
31st day of March, 1978, be paid out of the Consolidated
Revenue Fund and thereafter shall be paid out of the moneys
appropriated therefor by the Legislature.

2. The said Act is further amended by adding thereto the follow- Ij^^^^^^j
ing section :

69a. Any person who contravenes subsection 2 of section °*^®°°®
5M is guilty of an offence and on summary conviction is liable
to a fine of not more than $2,000. /

3. — (1) Clauses a and 6 of subsection 1 of section 72 of the said reljnacted''^'
Act are repealed and the following substituted therefor:

(a) for the government of police forces and governing
the duties and conduct of members thereof;

(6) respecting any matter ancillary to the provisions of
this Act with regard to the discipline, suspension,
dismissal and retirement of members of police forces ;

{ba) establishing procedures resp)ecting the making of
complaints and the recording thereof;

(bb) defining misconduct for the purposes of Part V-A
and providing for a code of conduct for police officers ;

8. 72(1) (c).
re-enacted

Commence-
ment

Short title

{be) resf)ecting the reporting and publication of decisions
in complaint and disciplinary matters;

(bd) assigning duties to the Complaints Commissioner;

{be) governing working conditions;

{bf) prescribing forms and providing for their use,

(2) Clause q of subsection 1 of the said section 72 is repealed
and the following substituted therefor:

{q) prescribing any matter that by this Act is required
to be or is referred to as prescribed.

4. This Act comes into force on a day to be named by proclamation
of the Lieutenant Governor.

5. The short title of this Act is The Police Amendment Act, 1977.

t»

w
X

C/) o

as:

<-i

Ska
»».

««l.

ft)

■-1

in-

»Q

1—'

~-j

>
>

3
O-

o'
>

BILL 115 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Condominium Act

The Hon. L. Grossman
Minister of Consumer and Commercial Relations

TORONTO
Printed bv J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Act presently provides that the condominium corporation has a lien
upon the unit of an owner who is in default of payment in his contribution
towards common expenses. Notice of lien must be registered within three
months of default or the lien expires.

With two exceptions the amendments affect liens only in respect of
units used for residential purposes and give such liens priority over existing
mortgages, charges or other encumbrances. However, to preserve priority
the corporation must give and register notice of the lien within three
months of the lien arising to all encumbrancers whose encumbrances are
registered. Also, the condominium corporation has an obligation to provide
a mortgagee with a statement in resf)ect of any default in payment by the
unit owner towards common expenses. The Bill further provides that
certain provisions are deemed to be part of a mortgage on a residential
unit. These provisions p)ermit the mortgagee to collect and pay the unit
owner's contribution towards common expenses. Where paid by the
mortgagee without reimbursement by the unit owner, these amounts may
be added to the mortgage debt and the mortgage treated as in default.

The two exceptions referred to above occur in the amendment to
section 13 (4) and the re-enactment of section 13 (4a). These refer to
residential and non-residential units alike. The effect of the amendment to
section 13 (4) is to add to the amount included in the lien the costs of
collecting or attempting to collect the defaulted payment. The recasting of
section 13 (6) is complementary to the amendment to section 13 (4). The
effect of the re-enactment of section 13 (4a) is to obviate the need to
register, every three months, notice of lien where there is re-occurring
default. Once notice is registered, it will serve as notice of default con-
tinuing or occurring after registration until such time as a discharge of lien
is registered.

BILL 115 1977

An Act to amend The Condominium Act

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

1. — (1) Subsection 4 of section 13 of The Condominium Act, ^^^^^^^
being chapter 77 of the Revised Statutes of Ontario,
1970, as re-enacted by the Statutes of Ontario, 1974,
chapter 133, section 10, is amended by adding at the
end thereof "together with all reasonable costs, charges
and expenses incurred by the corporation in connection
with the collection or attempted collection of the unpaid
amount".

(2) Subsection 4a of the said section 13, as enacted by the fl^le^act«d
Statutes of Ontario, 1974, chapter 133, section 10, is
repealed and the following substituted therefor:

(4a) The lien mentioned in subsection 4 expires three o^^e^n "°°
months after the default that gave rise to the lien first

occurred unless the corporation within that time registers a J

notice of lien in the prescribed form, and, where the notice /

is registered, no further registration is required in respect of
default in payment occurring or continuing after registration.

(3) Subsection 6 of the said section 13 is repealed and the relenicted
following substituted therefor :

(6) Upon payment of the unpaid amount together with all Diacharge
reasonable costs, charges and expenses incurred by the
corporation in connection with the collection or attempted
collection of the unpaid amount and upon demand, the
corporation shall give the owner a discharge in the prescribed
form.

2. The said Act is amended by adding thereto the following 1,}^^,,^
section :

13a. — (1) Where a lien created by subsection 4 of section 13 [;Jlf°rf"
is in respect of a unit for residential purposes, that lien has

Where
subs. 1 does
not apply

R.S.0. 1970,
cc. 284. 256.
445, 255.
1974. c. 109

priority over every registered and unregistered encumbrance
notwithstanding that such encumbrance existed prior to the
Hen arising.

(2) Subsection 1 does not apply,

(a) to a lien arising before this section comes into force;

(6) in respect of a claim of the Crown other than by
way of a mortgage or charge ;

(c) in respect of a claim for taxes, charges, rates or
assessments levied or recoverable under The Muni-
cipal Act, The Education Act, 1974, The Local Roads
Boards Act, The Statute Labour Act or The Local
Improvement Act; or

[d] such lien or claim that may be designated by regu-
lation.

Pro visions
deemed in
mortgage

Statement

mortgagor

(3) Every mortgage or charge of a unit for residential
purposes shall be deemed to contain a provision that,

{a) the mortgagee or chargee has the right to collect
the owner's contribution towards common exf)enses
and shall forthwith pay any amount so collected to
the corporation on behalf of the unit owner ;

{h) the owner's default in the payment of common ex-
penses shall constitute default under the mortgage or
charge; and

(c) the mortgagee or chargee shall have the right to pay
the owner's contribution towards common expenses
which shall from time to time fall due and be
unpaid in respect of the mortgaged premises and that
such payments together with all reasonable costs,
charges and expenses incurred in respect thereto,
shall be added to the debt thereby secured and shall
be payable forthwith with interest at the rate payable
on the mortgage or charge, and, if after demand
the owner fails to fully reimburse the mortgagee or
chargee, the mortgage or charge shall immediately
become due and payable at the option of the
mortgagee or chargee.

(4) A corporation shall, where so requested by the holder
of a mortgage or charge on a unit for residential purposes,
provide, free of charge, to the person making the request a
written statement setting out, in respect of the unit, the

common expenses of the owner and all payments thereof in
default.

(5) Where a lien arises in respect of a unit for residential ,^°"P®^^
purposes, the corporation shall, on or before the day a notice given
of lien is registered, give notice of the lien to every encum-
brancer whose encumbrance is registered against the title of
the unit, by personal service of the notice or by sending the
notice by registered prepaid post addressed to the encum-
brancer at his last known address.

given

(6) Where notice of lien is not given as provided in sub- ^f^l^j
section 5, then subsection 1 ceases to apply three months uennot
after the default that gave rise to the lien first occurred,
provided that where notice is given after registration of notice
of lien then the corporation may register another notice of
hen, but subsection 1 shall continue to apply to any lien
which arose not earlier than three months before the last
registration of notice of lien.

3. Section 25 of the said Act, as amended by the Statutes of 8-25

amended

Ontario, 1974, chapter 133, section 17, is further amended by
adding thereto the following clause :

{P) designating liens or claims for the purposes of
clause d of subsection 2 of section 13a.

4. This Act comes into force on a day to be named by proclamation Si°ent"*°°*
of the Lieutenant Governor.

5. The short title of this Act is The Condominium Amendment short title

Act, 1977. I

3
3

on'
<-»■

■-1

•z

«-+>

(/2

C/3

C/)

D-

tz:

«^

•-1

0
(-»-

QTQ

fD >

n='
3 >
o

3 g

BILL 115

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Condominium Act

The Hon. L. Grossman
Minister of Consumer and Commercial Relations

r () k () N I o
Printed by J. C. Thatcher. Queen's Printer for Ontario

BILL 115 1977

An Act to amend The Condominium Act

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

1. — (1) Subsection 4 of section 13 of The Condominium Act, |,iended
being chapter 77 of the Revised Statutes of Ontario,
1970, as re-enacted by the Statutes of Ontario, 1974,
chapter 133, section 10, is amended by adding at the
end thereof "together with all reasonable costs, charges
and expenses incurred by the corporation in connection
with the collection or attempted collection of the unpaid
amount".

(2) Subsection Aa of the said section 13, as enacted by the ^-enacted
Statutes of Ontario, 1974, chapter 133, section 10, is
repealed and the following substituted therefor :

(4a) The lien mentioned in subsection 4 expires three o*/J*/n"°°
months after the default that gave rise to the lien first
occurred unless the corporation within that time registers a

notice of lien in the prescribed form, and, where the notice j

is registered, no further registration is required in respect of
default in payment occurring or continuing after registration.

(3) Subsection 6 of the said section 13 is repealed and the rele^cted
following substituted therefor :

(6) Upon payment of the unpaid amount together with all Discharge
reasonable costs, charges and expenses incurred by the
corporation in connection with the collection or attempted
collection of the unpaid amount and upon demand, the
corporation shall give the owner a discharge in the prescribed
form.

2. The said Act is amended by adding thereto the following l^^
section :

13a. — (1) Where a lien created by subsection 4 of section 13 ^^^^^
is in respect of a unit for residential purposes, that lien has

priority over every registered and unregistered encumbrance
notwithstanding that such encumbrance existed prior to the
hen arising.

subridoes ^^^ Subsection 1 does not apply,

not apply

(a) to a hen arising before this section comes into force ;

(6) in respect of a claim of the Crown other than by
way of a mortgage or charge ;

^^o2. o^i'- assessments levied or recoverable under The Muni-

ch. 284, 256,

446.255, cipal Act, The Education Act, 1974, The Local Roads

Boards Act, The Statute Labour Act or The Local
Improvement Act; or

1974, c. 109

(d) to such lien or claim that may be designated by
regulation.

deemed°in^ (3) Every mortgage or charge of a unit for residential

mortgage purposes shall be deemed to contain a provision that,

(a) the mortgagee or chargee has the right to collect
the owner's contribution towards common expenses
and shall forthwith pay any amount so collected to
the corporation on behalf of the unit owner;

{b) the owner's default in the payment of common ex-
penses shall constitute default under the mortgage or
charge; and

^tement (4) A Corporation shall, where so requested by the holder

mortgagee of a mortgage or charge on a unit for residential purposes,

provide, free of charge, to the person making the request a

written statement setting out, in respect of the unit, the

common expenses of the owner and all payments thereof in
Hffanlt

default

(5) Where a lien arises in respect of a unit for residential Noticeof
purposes, the corporation shall, on or before the day a notice griven

of hen is registered, give notice of the hen to every encum-
brancer whose encumbrance is registered against the title of
the unit, by personal service of the notice or by sending the
notice by registered prepaid post addressed to the encum-
brancer at his last known address.

(6) Where notice of lien is not given as provided in sub- where

V/ _ , 1-4 r , , noticeof

section 5, then subsection 1 ceases to apply three months iiennot

cr1\r An

after the default that gave rise to the lien first occurred,
provided that where notice is given after registration of notice
of lien then the corporation may register another notice of
lien, but subsection 1 shall continue to apply to any lien
which arose not earlier than three months before the last
registration of notice of lien.

3. Section 25 of the said Act, as amended by the Statutes of Ij^n^gji
Ontario, 4974, chapter 133, section 17, is further amended by
adding thereto the following clause:

{P) designating liens or claims for the purposes of
clause d of subsection 2 of section 13a.

4. This Act comes into force on a day to be named by proclamation ment"*°°*
of the Lieutenant Governor.

5. The short title of this Act is The Condominium Amendment short title

Act, 1977. I

o 5
3 %
3 S

w
^ o z

p 3 o

3 P ^
c/) 3 >

«-0

3
cr

C/5

fD
•-1

•-1

t"^

<-♦■

»-

cr.

(Aj

Ota

h-*

»-^

-J

H
ft) >

§ >
o

2. P
c 3
3 S

> CL
O

BILL 116 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Election Act

Mr. Breithaupt

T () R () N T ()
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill amends The Election Act for several purposes. The principal
changes to the Act include the following:

1. The "British subject" basis for qualification as a voter or candidate
in an election is removed so that all voters and candidates must
now be Canadian citizens.

2. The Chief Election Officer is given authority to set standards for
convenient access to polling places by persons who are physically
handicapped

3. The Bill provides that so far as is reasonably possible all polling
stations should be and all advance polls must be accessible to persons
who are physically handicapped.

4. Persons who are physically handicapped are permitted to name
voting proxies up to and including the day of the election.

5. The political affiliation of candidates will be shown on the ballot.

6. Campaign material is prohibited from being brought into or placed
near a pwlling place on election day.

7. The procedure for establishing the qualifications of a voter whose
name has been omitted in error from the polling list is extended to
all polling subdivisions rather than simply "rural" subdivisions.

8. The restriction that limits a person to assisting only one blind person
in voting is removed.

BILL 116 1977

An Act to amend The Election Act

HER MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of Ontario, enacts as

tollows :

1. Section 1 of The Election Act, being chapter 142 of the Revised Ij^gjuje^
Statutes of Ontario, 1970, as amended by the Statutes of
Ontario, 1971, chapter 100, section 1, is further amended by
adding thereto the following clause:

{ha) "International Symbol of Access" means the symbol
that is described and illustrated in the Schedule
to this Act.

2. Subsection 6 of section 3 of the said Act is rep>ealed and the ^g^J^^^,j_g^
following substituted therefor:

(6) The Chief Election Officer may make regulations, Reflations

{a) prescribing the forms for use under this Act;

(6) prescribing standards for convenient access to pol-
ling stations by persons who are physically handi-
capped.

3. Clause h of subsection 1 of section 9 of the said Act is amended |j^<^>j{*j]-
by striking out "or other British subject".

4. — (1) Clause c of subsection 1 of section 35 of the said Act,J^^^<j^
as amended by the Statutes of Ontario, 1971, chapter
100, section 5, is repealed and the following substituted
therefor :

S.35.
amended

Proxies by
physically
handicapped
persons

s. 35 (7).
re-enacted

Oath on
voting

8.36(6).
amended

s. 51 (3).
re-enacted

Form of
ballot

8.53(3).
re-enacted

(2) The said section 35, as amended by the Statutes of
Ontario, 1971, chapter 100, section 5, is further amended
by adding thereto the following subsection;

(5a) Notwithstanding anything in this section, a person
who is physically incapable of attending a polling place
may appoint in writing a proxy up to and including polling
day, and where the proxy makes a statement on oath before
the returning officer or deputy returning officer that the
person appointing the proxy is physically incapable of
attending a polling place and that the proxy is qualified
to act for the person making the appointment, the returning
officer or deputy returning officer shall give a certificate
across the face of the appointment of the voting proxy to
that effect.

(3) Subsection 7 of the said section 35 is repealed and the
following substituted therefor:

(7) A ballot shall not be delivered to a person who claims
to vote as a voting proxy unless he prociuces his appoint-
ment as a voting proxy with the certificate thereon as
provided in subsections 5 and 5a at the time of voting
and takes the prescribed oath.

5. Clause b of section 36 of the said Act is amended by striking ^
out "or other British subject".

6. Subsection 3 of section 51 of the said Act is repealed and
the following substituted therefor:

(3) The ballot shall contain the names of the candidates
and their political party affiliations and the names of the
candidates shall be arranged on the ballot alphabetically |
by surname with the surname in bold type, with given
names preceding the surnames and with consecutive numbers
preceding each candidate's name, and the party affiliation
of each candidate shall be indicated below the candidate's

name.

Subsection 3 of section 53 of the said Act is repealed and
the following substituted therefor:

Location of

polling

places

(3) A polling place may be situated in a schoolhouse,
hall or other public building or on private property and,
so far as is reasonably possible, shall conform to the
standards for convenient access to polling places by persons
who are physically handicapped prescribed by the Chief
Election Officer and those polling places that conform to the
standards shall be signified by the International Symbol of

Access marked clearly on a sign that is posted in a con-
spicuous location near the polling place.

(3a) Upon the request of any voter, the returning officer ^^^t of
shall provide to the voter a list of the polling places in the places
electoral district in which the voter is entitled to vote and
all the polling places that conform to the standards for
convenient access prescribed by the Chief Election Officer
shall be designated on the list with the International Sym-
bol of Access.

8. Subsection 1 of section 54 of the said Act is amended bv^^^^J,,

... ,1 • r- i.-i amended

strikmg out or mfirm persons m the seventh and eigth

lines and inserting in lieu thereof "infirm or physically

handicapped".

9. The said Act is amended by adding thereto the following Ij^^^^^^^j
section :

59a. A person who is physically handicapped may voteH^ao***-
at any polling place that is designated with or signified person
by the International Symbol of Access so long as that designated
polling place is within the electoral district in which hisp°ace°*^
name appears on a polling list, and, where the name of the
person does not appear on the polling list for the polling
place at which he votes, the deputy returning officer or
poll clerk shall forthwith notify the deputy returning officer
or poll clerk of the polling place at which he is entitled to
vote that the person has voted.

10. The said Act is further amended by adding thereto the|jj^^g^
following section:

69a. No p)erson shall bring into or place near a polling ^^'J'p^J^^"
place any campaign material displaying the name of a candi- prohibition
date or otherwise designed to promote the election of a
particular candidate and every person permitted to remain
in the polling place during the time the poll remains open
shall remove and destroy any such material brought into or
placed near the polling place that comes to his attention.

11. Subsection 4 of section 70 of the said Act is repealed and|||j^^,^
the following substituted therefor:

(4) The returning officer, in fixing the location of theAoogw^
polling places, shall select public places or premises thatponing
conform to the standards for convenient access to polling
places by persons who are physically handicapped prescribed
by the Chief Election Officer and such polling places shall be
signified by the International Symbol of Access marked

8.78(1).
amended

clearly on a sign that is posted in a conspicuous location near
the polling place.

12. Subsection 1 of section 78 of the said Act, as amended by the
Statutes of Ontario, 1971, chapter 100, section 8, is further
amended by striking out "In poUing subdivisions declared to
be rural polling subdivisions by the Chief Election Officer"
in the first line and in the amendment of 1971.

8.84(1).
re-enacted

Votere

requiring:

assietance

8.84(4),
repealed

Schedule

13. — (1) Subsection 1 of section 84 of the said Act is repealed and
the following substituted therefor:

(1) On the application of any voter who by reason of
inability to rea(l, blindness or physical handicap, is unable
to vote in accordance with the other provisions of this Act,
the deputy returning officer shall require the voter making
the application to take an oath of his need for assistance
in order to vote and shall thereafter assist the voter by
marking his ballot in the manner directed by the voter in
the presence of the poll clerk and of no other person, and
place the ballot in the ballot box.

(2) Subsection 4 of the said section 84 is repealed.

14. The said Act is further amended by adding thereto the
following Schedule:

SCHEDULE

1. Description

The symbol of access is composed of two elements— the wheelchair
figure and either a square background or square border. The correct
colour for the symbol of access is a dark blue or black. This blue
or black should be the background colour for a white wheelchair
figure when used without a border, or as the colour for the border
and wheelchair figure on a white background.

2. Illu>tiation

Commence-
ment

Short title

15. This Act comes into force on the day it receives Royal Assent.

16. The short title of this Act is The Election Amendment Act, 1977 .

o
a

w
w

H
EC
>

««1.

"-1

«>

Si-

cr. o

BILL 117 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Landlord and Tenant Act

Mr. Wildman

TORONTO
Pkinted by J. C. Thatcher, Queens Printer for Ontario

Explanatory Note

The purpose of the Bill is to provide a remedy to a person who, having
bought or leased a mobile home, is unable to conclude a tenancy agree-
ment with the person who owns the mobile home park. A landlord in
these circumstances cannot arbitrarily or unreasonably refuse to make or
renew a tenancy agreement and where a question arises in respect of such a
refusal, an application may be made to a county or district court for a
determination of the matter.

BILL 117 1977

An Act to amend
The Landlord and Tenant Act

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

1. — (1) Section 111 of The Landlord and Tenant Act, being ^j^^^^^j^^j
chapter 236 of the Revised Statutes of Ontario, 1970,
as enacted by the Statutes of Ontario, 1975, (2nd Session),
chapter 13, section 10, is amended by adding thereto
the following subsection:

{4a) A landlord shall not arbitrarily or unreasonably [^®ent«r
refuse to renew a tenancy agreement or enter into a new ^^*°^y ^j^.
tenancy agreement with a person who has purchased,
leased or otherwise taken possession of a mobile home
from a tenant of the landlord.

(2) Subsection 5 of the said section 111 is amended by |j^|j^jj<|^jj
striking out "3 and 4" in the fifth line and inserting
in lieu thereof "3, 4 and 4a".

2. This Act comes into force on the day it receives Royal Assent. J^o™^*''*'®-

3. The short title of this Act is The Landlord and Tenant Amend-^^°^^^^^^
metU Act, 1977.

k«t

C/5

»M.

>3
1

3 O

O) cb
3 3

3
ft-

BILL 118 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Condominium Act

Mr. Wildman

T () K ON i O
Printed bv J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

This Bill amends The Condominium Ad to enable mobile home parks to
be registered as condominium projects. The Bill also clarifies the existing
law by stating that a designated unit can consist of vacant land.

This Bill, thereby, provides for flexibility in the development of
mobile home condominium projects by enabling a developer to choose between
designating a mobile home as a unit in itself or, alternately, designating
a vacant lot as a unit upon which a mobile home may be placed.

BILL 118 1977

An Act to amend The Condominium Act

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

1. — (1) Clauses h and r of subsection 1 of section 1 of The^}^l\^^.'^}'
Condomimum Act, being chapter 77 of the Revised
Statutes of Ontario, 1970, are repealed and the following
substituted therefor:

(6) "buildings" means the buildings included in a
property and includes a mobile home where the
mobile home is affixed to the land;

amended

(r) "unit" means a part or parts of the land included
in the description and designated as a unit by the
description, and comprises the space enclosed by
its boundaries and all the material parts of the
land within this space at the time the declaration
and description are registered and may consist of
vacant land not contained within a building.

(2) Subsection 1 of the said section 1, as amended by the|j^<^i^
Statutes of Ontario, 1974, chapter 133, section 1, is
further amended by adding thereto the following clause:

{ka) "mobile home" means any dwelling that is designed
to be made mobile, and constructed or manu-
factured to provide a permanent residence for one
or more persons, but does not include a travel
trailer or tent trailer or trailer otherwise designed.

2. Subsection 2 of section 3 of the said Act is amended by adding »jJ|,2k^^
thereto the following clause:

{no) a specification of the nature or type of structure
which may be built or placed upon a unit where

the unit consists of vacant land not contained
within a building; and

re-enacted ^* Subsection 1 of section 4 of the said Act is repealed and

the following substituted therefor:

dScription ^^) ^ description shall contain.

must

°°°*'*'° {a) a plan of survey showing the perimeter of the

horizontal surface of the land and the perimeter
of the buildings, if any;

(b) structural plans of the buildings, if any;

(c) diagrams showing the boundaries, shape and dimen-
sions of each unit and the approximate location
of each unit in relation to other units and buildings ;

{d) a certificate of a surveyor that all buildings have
been constructed substantially in accordance with
the structural plans and that the diagrams of the
units are substantially accurate; and

(e) a description of any interests appurtenant to the
land that are included in the property,

prepared in accordance with the regulations.

re-enacted^' "*• — (^) Clause 6 of subsection 1 of section 246 of the said Act,

as enacted by the Statutes of Ontario, 1974, chapter 133,
section 14, is repealed and the following substituted
therefor :

(6) those parts of the description showing,

(i) the perimeter of the horizontal surface of
the land and the perimeter of the buildings,

(ii) the boundaries, shape and dimensions of the
unit and the approximate location of the
unit in relation to the other units and build-
ings, and

(iii) any parts of the common elements that are
to be used by the owners of one or more
designated units and not by all the owners.

re-en^ted^' ^^^ Clause b of subsection 2 of the said section 246 is repealed

and the following substituted therefor:

(b) those parts of the proposed description showing,

(i) the perimeter of the horizontal surface of the
land and perimeter of the buildings,

(ii) the boundaries, shape and dimensions of the
unit and the approximate location of the
units in relation to the other units and
buildings, and

(iii) any parts of the common elements that are
to be used by the owners of one or more
designated units and not by all the owners.

5. This Act comes into force on the day it receives Royal Assent, ^o^^mence-

6. The short title of this Act is The Condominium Amendment^^°^^^^^^^
Act, 1977.

(I
B

*H.

r-t-

OTQ

h>A

§ >
o

2. J»

3 g

BILL 119

Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to provide for the
Licensing of Businesses by Municipalities

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

T () K () N T O
Printed bv J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill removes from The Municipal Act a. large number of provisions
for the licensing and regulating of a variety of specific trades or businesses
and confers a general authority on all local municipalities to pass by-laws
to licence, regulate and govern any business carried on within the municipality,
provided the terms of any such licensing and regulating by-law are not
inconsistent with Provincial statutes or regulations thereunder dealing with
any particular business.

Among the principal features of the Bill are the following :

1. Authority is conferred on the councils of all local municipalities to
pass by-laws for licensing, regulating and governing any business
carried on within the municipality (s. 2 (1) ).

2. The specific powers that are comprised within the general power
to license, regulate and govern are set out: some examples of these
included f)Owers are,

(a) the power to prohibit the carrying on of a business without
a licence (s. 2 (3) (a) ) ;

(ft) the power to define a class or classes of business and to
separately license each such class (s. 2 (3) (c) ) ;

(d) the power to require an applicant for a licence to submit
to an examination to determine his competence in the
relevant field (s. 2 (3) (e) ) ;

(e) the power to require persons carrying on a business to main-
tain adequate insurance coverage (s. 2 (3) (g) ) ;

(/) the power to refuse, revoke or suspend a licence following a
hearing (s. 2 (3) (A) ).

3. By-laws are not to be inconsistent with Provincial statutes or
regulations thereunder (s. 2 (4) ).

4. Monopoly rights are not to be granted (s. 3).

5. The penalty and enforcement provisions of The Municipal Act are
made applicable to the licensing and regulating by-laws (s. 4).

6. Certain additional powers as specified may be exercised in respect
of body-rub parlours, taxicab brokers, billiard tables, auctioneers
and others (s. 5 (1-5) ).

7. Where a licence is revoked, a proportionate part of the fee is to be
refunded (s. 5 (7) ).

8. The included powers set out in s. 2 (3) of the Bill are conferred in
respect of by-laws passed under those sections of The Municipal
Act that remain in that Act for the licensing of certain businesses
(s. 6).

9. A large number of provisions relating to licensing and regulating
specific business presently to be found in The Municipal Act are
repealed (ss. 7-23).

10. The Act is to come into force on the 1st day of January, 1979 (s. 24).

BILL 119 1977

An Act to provide for the
Licensing of Businesses by Municipalities

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

1. In this Act, "business" means any trade, calling, ^atfon'^®"
business, occupation, manufacture or industry and includes
the sale or hire of goods or services on an intermittent or
one-time basis.

2. — (1) Notwithstanding any provision in any other general ^egSfatfng
or special Act, but subject to subsection 4, bv-laws may be etc..
passed by the councils of local municipalities for licensing,
regulating and governing any business carried on within the
municipality.

(2) Where a person in pursuit of a business exposes samples, b^f^lgg
patterns or specimens of any goods, wares or merchandise deemed

^ ^ .7 0' carried on In

that are to be delivered in the municipality afterwards, he munici-

pallty

shall, for the purpose of subsection 1, be deemed to be
carrying on business in the municipality.

(3) The power to license, regulate and govern a business powere**
includes,

(a) the power to prohibit the carrying on of or the
engaging in the business without a licence ;

(b) the power to license, regulate or govern the place or
premises used in the carrying on of such business
and the persons carrying it on or engaged in it ;

(c) the power to define a class or classes of a business
and to separately license, regulate and govern each
of such class or classes or to specify that any of
such class or classes shall not be subject to the
provisions, or to any particular provision, of the
by-law ;

{d) subject to paragraph 1 and sections 357 and 358 of
R-^o 1970, The Municipal Act, the power to regulate the hours

of operation of the business :

1. Nothing in this clause confers the power to
regulate the hours of operation of a shop as
defined in subsection 1 of section 355 of The
Municipal A ci ;

{e) the power to require an applicant, as a condition of
the granting to him of a licence, to submit to an
examination to determine his competence to carry
on or engage in the business or any class of the
business in respect of which he is applying for a
licence and to refuse to grant a licence or to grant a
licence upon conditions to such an applicant in respect
of a business or any class of a business where he
fails to pass the required examination :

1. The power to require an examination of an
applicant for a licence to carry on or engage
in a business includes the power to require an
examination of an apphcant who did not hold
a licence to carry on or engage in that
business in the municipahty for a period
immediately preceding the period for which
he is applying for the licence and of an
applicant or holder of a licence where the
licence last held by him for the carrying on or
engaging in of the business in the municipality
or in another municipality was revoked on the
grounds that the applicant or holder of the
licence was shown to have carried on or
engaged in the business in an incompetent
manner whether or not such grounds were the
sole grounds on which the licence was revoked.

A. Where the holder of a licence fails to
pass an examination required of him
under paragraph 1, the council may
revoke his licence.

2. The power to require an examination of an
applicant for a licence to carry on or engage
in a business includes the power to exempt
from such requirement any applicant who
holds such certificate or other evidence of
qualification as may be prescribed in the
by-law ;

(/) the power to regulate, govern and inspect the
premises, facihties, equipment, vehicles and other
personal property used or kept for hire in connection
with the carrying on of the business and to provide
for imposing a fine upon any person carrying on or
engaged in the business who refuses to allow the
carrying out of an inspection at any reasonable
time pursuant to a by-law passed under this clause ;

(g) the power to require the persons carrying on or
engaged in the business to provide such public
liability, property damage, cargo, or other insurance
in such form and to such amounts of coverage as may
be prescribed in the by-law, and where such
insurance is not so provided, the council may refuse
to grant a licence to that person for the carrying
on of that business or may revoke or suspend any
such licence;

(h) the power to grant or refuse a licence for the
carrying on or engaging in of such business or to
revoke or suspend such licence and to make any
suspension subject to such terms or conditions as
council may prescribe :

1. Subject to The Theatres Act, the exercise of ^s^o is^o.
the power mentioned in this clause is in the
discretion of the council, which discretion

shall be exercised upon such grounds as are
set out in a by-law passed under subsection 1 ,
and a decision made pursuant to the exer-
cise of that power is final.

2. The council shall not refuse to grant a
licence to any applicant or suspend or revoke
the licence of any person without first afford-
ing to such applicant or person the opportunity
to be heard.

3. The council shall not refuse to grant a
licence with respect to the carrying on of a
business by reason only of the location of such
business except that the council shall refuse
to grant a licence where the location of the
business proposed to be carried on is such
that the carrying on of the business would
be in contravention of a by-law passed under
section 35 of The Planning Act or a pre- R 38 f '^^o-
decessor of such section or of an order of the
Minister made under clause a of subsection 1

of section 32 of The Planning Act.

No by-law
re business
otherwise
regulated

4. The council may refuse to grant a licence or
may revoke or suspend a licence where the
business in respect of which the licence is to
be or has been granted is to be carried on
or is carried on in contravention of a by-law
of the municipality ;

(i) the power to fix the time for which the licence shall
be in force.

(4) No by-law shall be passed under subsection 1 for the
Hcensing, regulating or governing of a business that is
licensed, regulated or otherwise controlled or authorized to
be licensed, regulated or otherwise controlled by the pro-
visions of any other general or special Act where the provisions
of the by-law are inconsistent with the provisions or the intent
of the Act or of a regulation made under the Act in respect
of the business.

Regulations

Granting

monopolies

prohibited

R.S.0. 1970.
CO. 284. 165.
467

Application

R.S.0. 1970.

C.284.

Pt. XXI

Scope of
by-law,
body-rub
parlours

(5) The Lieutenant Governor in Council may make regula-
tions providing that any business or class of businesses
mentioned in the regulation shall be deemed not to be a
business for purposes of subsection 1.

3. Subject to section 252 of The Municipal Act and to
section 6 of The Ferries Act and to section 100 of The Tele-
phone Act, a council shall not confer on any person the
exclusive right of exercising, within the municipality, any
business, or impose a special tax on any person exercising
it, or require a licence to be taken for exercising it, unless
authorized or required by this or any other Act so to do.

4. Part XXI of The Municipal Act applies, with necessary
modifications, to a by-law passed under this Act.

5. — (1) Where a by-law has been passed under subsection 1
of section 2 for licensing or regulating body-rub parlours, such
by-law may,

(a) limit the number of Hcences to be granted, in
accordance with clause c, and fix the fee to be paid
for the licence ;

(6) regulate the placement, construction, size, nature and
character of signs, advertising, and advertising
devices posted or used for the purpose of promoting
body-rub parlours or prohibit such signs, advertising,
or advertising devices ;

limit the number of licences to be granted in
respect of body-rub parlours in any such area or
areas in which they are permitted ;

{d) provide that no premises in which a body-rub
parlour is located shall be constructed or equipped
so as to hinder or prevent the enforcement of the
by-law :

1. Where a medical officer of health or a public
health inspector acting under his direction,
or a peace officer, has reason to suspect that a
breach of any provision of a by-law mentioned
in this subsection has occurred in respect of
a body-rub parlour, he may enter such
body-rub parlour, at any time of the night
or day, for purposes of carrying out the
enforcement of the by-law.

2. For the purposes of this subsection,

i. "body-rub parlour" includes any prem-
ises or part thereof where a body-rub
is performed, offered or solicited in
pursuance of a trade, caUing, business
or occupation, but does not include
any premises or part thereof where
the body-rubs performed are for the
purpose of medical or therapeutic treat-
ment and are performed or offered by
persons otherwise duly qualified,
licensed or registered so to do under the
laws of the Province of Ontario ; and

ii. "body-rub" includes the kneading,
manipulating, rubbing, massaging,
touching or stimulating, by any means,
of a person's body or part thereof, but
does not include medical or thera-
peutic treatment given by a person
otherwise duly qualified, licensed or
registered so to do under the laws of
the Province of Ontario.

(2) Where a by-law has been passed under subsection 1 ^^°^^°^
of section 2 for licensing or regulating taxicab brokers or ^Jj^cab ^^
owners or drivers of cabs or buses, used for hire, such by-law
may,

(a) fix the fee to be paid for the licence ;

(6) establish the rates or fares to be charged by the
owners or drivers of such vehicles for the con-
veyance of goods or passengers either wholly within
the municipality or to any point not more than
three miles beyond its limits and provide for the
collection of such rates or fares ;

{c) limit the number of cabs or buses, used for hire, or
any class or classes thereof:

1. In this subsection, "taxicab broker" means
any person who accepts calls in any manner
for taxicabs that are used for hire and that
are owned by persons other than himself,
his immediate family or his employer.

2. No by-law mentioned in this subsection
passed by the Council of the City of Mississauga
shall apply to owners and drivers of cabs,
other than cabs licensed by the said council,
while such cabs are engaged in the con-
veyance of goods or passengers, if such
conveyance commenced at the Toronto Inter-
national Airport.

by°aw°*^ (3) Where a by-law has been passed under subsection 1

b^uiard of section 2 for licensing or regulating the keeping or letting
of billiard, pool or other like tables, such by-law may,

(a) provide for the licensing, regulating and governing
of proprietary clubs that keep such tables ;

(b) limit the number of licences to be granted and
limit the number of tables that shall be licensed :

1. "Proprietary club" means all clubs other
than those in which the use of any such
table is only incidental to the main objects
of the club.

Scope of

by-law,

salesmen

(4) Where a by-law has been passed under subsection 1
of section 2 for the licensing, regulating and governing of
persons who go from place to place or to a particular place
with goods, wares or merchandise for sale,

{a) the licensee shall at all times while carrying on his
business have his hcence with him and shall upon
demand exhibit it to any municipal or peace officer,
and if he fails to do so is guilty of an offence,
unless the same is accounted for satisfactorily, and

on summary conviction is liable to a fine not to
exceed $200 ;

(b) if a peace officer demands the production of a
licence by any persons to whom the by-law applies
and the demand is not complied with, it is the duty
of the peace officer and he has power to arrest such
person without a warrant and to take him before
the nearest justice of the peace, there to be dealt
with according to the law.

(5) Where a by-law has been passed under subsection 1 Auctioneers.
of section 2 for Hcensing or regulating auctioneers or other not to apply
persons selhng or putting up for sale goods, wares, merchandise

or effects by public auction, such by-law does not apply to a
sheriff or bailiff offering for sale goods or chattels seized
under an execution or distrained for rent.

(6) Where the council of a local municipahty is empowered ^^^^^^
by the provisions of this section to fix a fee to be paid for a be ux
licence, the council may provide for enforcing payment of the

fee and the fee may be in the nature of a tax for the privilege
conferred by it.

(7) Where a licence granted in respect of a business is ^^^^^
revoked and a fee has been paid for the granting thereof, ^*<^®°?«
the licensee is entitled to a refund of a part of the licence fee
proportionate to the unexpired part of the term for which the
licence was granted.

6. Subsection 3 of section 2 and subsections 6 and 7 of Application

to licensing

section 5 apply, with necessary modifications, to the f)Owers powers
of the council of a municipality or of a board of commissioners r.s.o. i97o,

c 284

of police under The Municipal Act for licensing, regulating or
governing a business or the persons carrying it on or engaged
in it or the place or things used for carrying it on except that
where there is a conflict between the provisions of this section
and the provisions of The Municipal Act, the provisions of
that Act prevail to the extent of the conflict.

7. Section 246 of The Municipal Act, being chapter 2S4f^l^o,
of the Revised Statutes of Ontario, 1970, as amended by the repealed
Statutes of Ontario, 1975 (2nd Session), chapter 20, section 1,

is repealed.

8. Section 247 of the said Act is repealed. a mslSir

repealcKl

0. Paragraphs 26 and 77 of section 352 of the said Act JgjJ.^^;
are repealed. KffkiSd'"'

R.8.0. 1970.
C.284.
8.354(1)
para. 8, 17,
60. 119. 131.
repealed

R.S.0. 1970.
c.284.
B. 354(1)
par. 132.
repealed

R.S.0. 1970.

c.284.

8.354(1)

pars. 133. 134.

136-139.

repealed

R.S.0. 1970.
c. 284. s. 368,
para. 1. 3.
repealed

R.S.0. 1970,
c. 284. 8. 368a.
repealed

10.— (1) Paragraphs 8. 17. 60. 119 and 131 of subsection 1
of section 354 of the said Act are repealed.

(2) Paragraph 132 of subsection 1 of the said section 354,
as amended by the Statutes of Ontario, 1972, chapter 124,
section 10, is repealed.

(3) Paragraphs 133. 134, 136. 137. 138 and 139 of sub-
section 1 of the said section 354 are repealed.

11. Paragraphs 1 and 3 of section 368 of the said Act
are repealed.

12. Section 368a of the said Act. as enacted by the
Statutes of Ontario, 1975. chapter 56, section 8, is repealed.

R.S.0. 1970.
c. 284.
88. 369. 372.
repealed

R.S.0. 1970,
c. 284, 8. 373.
par. 10.
re-enacted

13. Sections 369 and 372 of the said Act are repealed.

14. Paragraph 10 of section 373, as re-enacted by the
Statutes of Ontario, 1975, chapter 56, section 10, is repealed
and the following substituted therefor:

Regulating
traffic

10. For the exercise of the powers conferred upon the
councils of local municipalities by paragraph 107 of subsec-
tion 1 of section 354 in respect of highways under the
jurisdiction of the council.

R.S.0. 1970.
c. 284. 8. 375

(c-e). repealed

repealed ^

15. Clauses c, d and e of section 375 of the said Act are

^'2^'a^ri ^^' Section 377 of the said Act, as amended by the
repealed Statutes of Ontario, 1974, chapter 136, section 17, is repealed.

17. Section 381 of the said Act, as amended by the

R.S.0. 1970,
c. 284. 8. 381.

repealed Statutes of Ontario. 1972, chapter 124, section 13 and 1974,
chapter 136, section 18, is repealed.

R.S.0. 1970.
c. 284. 8. 382.
repealed

R.S.0. 1970.
c. 284. 8. 383.
pare. 1-4.
repealed

R.S.0. 1970.
c. 284. s. 383,
par. 5.
repealed

R.S.0. 1970.
0. 284. 8. 383.
par. 6.
repealed

R.S.0. 1970.
c. 284. 8. 383.
par. 7.
re-enacted

18. Section 382 of the said Act is repealed.

19. — (1) Paragraphs 1, 2, 3 and 4 of section 383 of the said
Act are repealed.

(2) Paragraph 5 of the said section 383, as amended by the
Statutes of Ontario, 1972, chapter 1. section 1, is repealed.

(3) Paragraph 6 of the said section 383 is repealed.

(4) Paragraph 7 of the said section 383 is repealed and the
following substituted therefor:

7. For prohibiting or regulating and licensing exhibitions ofwax^"orks
of wax works, menageries, circus-riding, and other like shows shows, etc.
usually exhibited by showmen, and for regulating and licensing
roller skating rinks and other places of like amusement, and
merry-go-rounds, switchback railways, carousels, and other
like contrivances, and for fixing the fee to be paid for the
licence, and for imposing penalties not exceeding the amount
of the licence fee on offenders against the by-law, and for
levying the same by distress and sale of the goods and
chattels of the showman or proprietor, or belonging to or
used in such exhibition or show whether owned or not owned
by such showman or proprietor.

(a) A licence shall not be granted for any such exhibition
or show to be held on the days of the exhibition
of any district or township agricultural society,
within 300 yards from the grounds of the society,
or for any such exhibition or show in or in connec-
tion with which gambling is carried on or goods,
wares or merchandise are sold or trafficked in.

(b) The fee to be paid for the licence shall not exceed
$500.

(5) Paragraphs 8, 9, 10 and 11 of the said section 383 areR|o.^i^.
repealed. p^^^f^ji. '

(6) Paragraph 12 of the said section 383, as amended by the JfgJ ^i^gO-
Statutes of Ontario, 1972, chapter 1, section 1, is repealed. P*^if^d

(7) Paragraphs 13 and 18 of the said section 383 are^io^i^™-
repealed. ^^^,l„''-

20. Section 384 of the said Act is repealed. ams^m

repealed

21. Paragraphs 2 and 3 of section 385 of the said Act are^^^i^-
repealed. P^^j-J "

22. Clauses t, ; and k of subsection 1 and subsection 2 of f^ ^^o-
section 487 of the said Act are repealed. ")!'S)!*'^''^'

repealed

23. Section 640 of the said Act is repealed. a m?«*?w.

repealed

24. This Act comes into force on the 1st day of January, S^X"""*'
1979.

25. The short title of this Act is The Municipal Licensing »^ont\t\e
Act, 1977.

a> 2.

op <-»■

o "
<

►I

fD "T-l

(J) O

BZo^

B ^

s §

>n
P P
c/i CI.

p w

3 O

o
a

(T>

t\J

B
"-1

«>

<-»■

*».

r».

O
^
^

"-«

l-t-

D-

fl> ^

I'o

-^ o

i-t

dd <

^ ol

C/l

i£. (^

BILL 120 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Municipality of Metropolitan Toronto Act

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

TORONTO
Printed by J. C. Thatcher, Queens Printer for Ontario

Explanatory Note

The Bill establishes a Board of Management of the Metropolitan
Toronto Zoo, to be entrusted, by agreement with the Metropolitan Cor-
poration, with the operation, management and maintenance of the Metro-
politan Toronto Zoo. The nine members of the Board will be appointed
by the Metropolitan Council and will include in their number four persons
nominated by the Metropolitan Toronto Zoological Society. Provision is made
for the transfer of employees of the Zoological Society to the Board of
Management and for the protection of their existing salaries, pension
benefits, sick leave credits and holiday entitlement.

Section 209 of the Act, as it now exists, providing for the operation
and management of the Zoo by the Zoological Society is set out below:

209. — (7) In this section, "Society" means the Metropolitan Toronto Zoological
Society.

(2) The Metropolitan Council may by by-law delegate to the Society any
or all of the Council's powers to operate and manage a zoological
garden and related facilities established by the Council, and may
enter into one or more agreements with the Society entrusting such
operation and management to the Society on such terms and conditions
as the Council may consider proper.

{3) The Metropolitan Council may by by-law establish general policies
to be followed by the Society in the operation and management of the
zoological garden and related facilities.

(4) The Metropolitan Corporation may provide moneys to the Society
for its purposes, including the operation and management of the
zoological garden, but it shall not be responsible for any deficit or
debt incurred by the Society unless the deficit or debt was incurred with
the approval of the Metropolitan Council.

(5) Notwithstanding any delegation of ■ powers or the making of an
agreement between the Metropolitan Corporation and the Society under
subsection 2, the Society shall be deemed not to be a local board of
the Metropolitan Corporation provided, however, that while such
delegation or agreement is in effect, the accounts and transactions of
the Society shall be audited by the auditor of the Metropolitan Cor-
poration.

(5a) Notwithstanding subsection 5, the Society shall be deemed to be a local
board of the Metropolitan Corporation for the purposes of The Ontario
Municipal Employees Retirement System Act.

(6) The occupation, management and control of lands by the Society
under an agreement under subsection 1 shall be deemed, for the pur-
poses of subsections 4 and 5 of section 204 of this Act and of para-
graph 9 of section 3 of The Assessment Act, to be occupation, manage-
ment and control by the Metropolitan Corporation of lands used for park
purposes.

I BILL 120 1977

An Act to amend
The Municipality of Metropolitan Toronto Act

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

1. Section 209 of The Municipality of Metropolitan Toronto ^^^. re-enacted
being chapter 295 of the Revised Statutes of Ontario, 1970,
as amended by the Statutes of Ontario, 1972, chapter 89,
section 5, is repealed and the following substituted therefor:

209. — (1) In this section and in section 209a, tatfo^*'

(a) "Board of Management" means the Board of Manage-
ment of the Metropolitan Toronto Zoo ;

{b) "Metropolitan Toronto Zoo" means the zoological
garden and related facilities which have been
established by the Metropolitan Council or which
may hereafter be established by the Council ;

(2) There is hereby established a corporation without f8°tlwi8he<i
share capital under the name "Board of Management of the
Metropolitan Toronto Zoo" and such Board shall have a
corporate seal, may sue and be sued in its own name, may

enter into contracts including contracts of employment, and
shall have all powers necessary for or incidental to the
operation, management and maintenance of the Metropolitan
Toronto Zoo.

(3) The Corporations Act does not apply to the Board of ?g°ot*^'
Management. to apply

(4) The Board of Management shall be composed of nine JfXaS*^'""
members appointed by the Metropolitan Council, of whom four

shall be nominees of the Society.

Term of
office

(5) The members of the Board of Management shall be
appointed for a term of office not exceeding the term of
office of members of the Metropolitan Council and shall hold
office until their successors are appointed.

Chairman,
vice-
chairman,
quorum

(6) The Board of Management, from among its members,
shall elect a chairman and may elect a vice-chairman, and a
majority of its members constitutes a quorum.

Committees

(7) The Board of Management may from time to time
establish such standing or other committees, appoint as mem-
bers thereof such persons, including members of the Society,
and assign such duties to the committees so established as
the Board deems fit.

Animal

Acquisition

Committee

(8) Notwithstanding subsection 7, the Board of Manage-
ment shall establish an Animal Acquisition Committee and
the Society may appoint one member, or with the approval
of the Board of Management more than one member, of such
Committee.

By-laws

(9) The Board of Management may enact by-laws for the
regulation of its proceedings and for the conduct and manage-
ment of its affairs.

Agreement
to operate,
manage and
maintain
Zoo

(10) The Metropolitan Corporation may enter into one or
more agreements with the Board of Management entrusting
the operation, management and maintenance of the Metro-
politan Toronto Zoo to the Board of Management on such
terms and conditions as the MetropoHtan Council may
consider proper.

By-laws
re general
policies

(11) The Metropolitan Council may by by-law establish
general policies to be followed by the Board of Management
in the operation, management and maintenance of the
Metropolitan Toronto Zoo under an agreement entered into
under subsection 10.

Surplus or
deficit

(12) The Metropolitan Corporation is entitled to any surplus
resulting from the operations of the Board of Management and
is responsible for any deficit incurred by it.

Occupation
by Board
deemed
occupation
by Metro-
politan
Corporation

R.S.0. 1970.
C.32

(13) The occupation, management and control of lands
by the Board of Management under an agreement under
subsection 10 shall be deemed for the purposes of subsections
4 and 5 of section 204 of this Act and of paragraph 9 of
section 3 of The Assessment Act, to be occupation, management
and control by the Metropolitan Corporation of lands used for
park purposes.

(14) The Municipal Conflict of Interest Act, 1972 does not Application
apply to a member of the Board of Management in respect i972,c.i42
of a contract, proposed contract or other matter between the
Board of Management and the Society by reason only of
such member being a member or officer of the Society.

209a.— (1) The Board of Management shall offer to employ offer of
every person who, on the 1st day of July, 1977, is employed
by the Society in connection with the operation, manage-
ment and maintenance of the Metropolitan Toronto Zoo and
who continues to be so employed until the date of coming
into force of an agreement under subsection 10 of section 209.

(2) Any person who accepts employment under subsection 1 wages and
shall be entitled to receive a wage or salary up to and
including the 31st day of December, 1978, of not less than

he was receiving on the 1st day of July, 1977.

(3) Employment with the Society by a person who accepts ^^^^
employment with the Board of Management under sub-
section 1 shall be deemed to have been employment with the
Board of Management for the purposes of pension benefits.

(4) Any sick leave credits standing, on the 31st day off^dits*^^
December, 1977 to the credit of any person who accepts
employment under subsection 1 shall be placed to the
credit of such employee in any sick leave credit plan estabhshed

by the Board of Management.

(5) Any person who accepts employment under subsection 1 Holidays
shall be entitled during 1978 to holidays with pay equivalent

to those to which he would have been entitled if he had
remained in the employment of the Society.

(6) Nothing in this section prevents the Board of Manage- f^^^^^lf
ment from terminating the employment of an employee for
cause.

2. Notwithstanding the repeal of section 209 of The Municipality Transitional
of Metropolitan Toronto Act by section 1 of this Act, the
Metropolitan Toronto Zoological Society shall continue to
operate and manage the zoological garden under the terms of

the agreement entered into under subsection 2 of the said
section 209, until the coming into force of an agreement under
subsection 10 of section 209, as re-enacted by section 1 of this
Act.

3. This Act comes into force on the day it receives Royal Assent. Sy^Jt""'"*'*'

4. The short title of this Act is The Municipality of Metropolitan short title
Toronto Amendment Act, 1977.

5^g

«
^
^

2 c

H w

- o

3W
o
a> o
3 3

t/1 Ci'

3 •

p s

p w

3 O

>3
1'

5.>

^^ ^

O - • r+

J^ o

3 ^

BILL 120

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend
The Municipality of Metropolitan Toronto Act

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 120 1977

An Act to amend
The Municipality of Metropolitan Toronto Act

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

1. Section 209 of The Municipality of Metropolitan Toronto -^c^. redacted
being chapter 295 of the Revised Statutes of Ontario, 1970,
as amended by the Statutes of Ontario, 1972, chapter 89,
section 5, is repealed and the following substituted therefor:

209.— (1) In this section and in section 209a, tStfor^"

[a) "Board of Management" means the Board of Manage-
ment of the Metropohtan Toronto Zoo ;

{b) "Metropohtan Toronto Zoo" means the zoological
garden and related facilities which have been
estabhshed by the Metropohtan Council or which
may hereafter be established by the Council ;

(2) There is hereby established a corporation without es^tawished
share capital under the name "Board of Management of the
Metropolitan Toronto Zoo" and such Board shall have a
corporate seal, may sue and be sued in its own name, may

enter into contracts including contracts of employment, and
shall have all powers necessary for or incidental to the
operation, management and maintenance of the Metropolitan
Toronto Zoo.

(3) The Corporations A ct does not apply to the Board of ^ fg not^°-
Management. to apply

(4) The Board of Management shall be composed of nine o°Bl)ard"°°
members appointed by the Metropolitan Council, of whom four

shall be nominees of the Society.

Term of
ofDoe

Chairman,
vice-
chairman,
quorum

(6) The Board of Management, from among its members,
shall elect a chairman and may elect a vice-chairman, and a
majority of its members constitutes a quorum.

Committees

Animal

Acquisition

Committee

By-laws

(9) The Board of Management may enact by-laws for the
regulation of its proceedings and for the conduct and manage-
ment of its affairs.

Agreement
to operate,
manage and
maintain
Zoo

(10) The Metropolitan Corporation may enter into one or
more agreements with the Board of Management entrusting
the operation, management and maintenance of the Metro-
poHtan Toronto Zoo to the Board of Management on such
terms and conditions as the Metropolitan Council may
consider proper.

By-laws
re general
policies

(11) The Metropolitan Council may by by-law establish
general policies to be followed by the Board of Management
in the operation, management and maintenance of the
MetropoHtan Toronto Zoo under an agreement entered into
under subsection 10.

Surplus or
deficit

(12) The Metropolitan Corporation is entitled to any surplus
resulting from the operations of the Board of Management and
is responsible for any deficit incurred by it.

Occupation
by Board
deemed
occupation
by Metro-
politan
Corporation

R.S.0. 1970,
C.32

(14) The Municipal Conflict of Interest Act, 1972 does not Amplication
apply to a member of the Board of Management in respect 1972, c. 142
of a contract, proposed contract or other matter between the
Board of Management and the Society by reason only of
such member being a member or officer of the Society.

209a.— (1) The Board of Management shall offer to employ offer of

^ ' o f J employment

every person who, on the 1st day of July, 1977, is employed
by the Society in connection with the operation, manage-
ment and maintenance of the Metropolitan Toronto Zoo and
who continues to be so employed until the date of coming
into force of an agreement under subsection 10 of section 209.

(2) Any person who accepts employment under subsection 1 wages and

'^ ' J tr r r J salaries

shall be entitled to receive a wage or salary up to and
including the 31st day of December, 1978, of not less than
he was receiving on the 1st day of July, 1977.

(3) Employment with the Society by a person who accepts ^|°|Q°g
employment with the Board of Management under sub-
section 1 shall be deemed to have been employment with the
Board of Management for the purposes of pension benefits.

(4) Any sick leave credits standing, on the 31st day of ^redits*^^
December, 1977 to the credit of any person who accepts
employment under subsection 1 shall be placed to the

credit of such employee in any sick leave credit plan established
by the Board of Management.

(5) Any person who accepts employment under subsection 1 Holidays
shall be entitled during 1978 to holidays with pay equivalent

to those to which he would have been entitled if he had
remained in the employment of the Society.

(6) Nothing in this section prevents the Board of Manage- ^'^ cause^
ment from terminating the employment of an employee for
cause.

the agreement entered into under subsection 2 of the said
section 209. until the coming into force of an agreement under
subsection 10 of section 209, as re-enacted by section 1 of this
Act.

3. This Act comes into force on the day it receives Royal Assent. m°eTt"^"°*

4. The short title of this Act is The Municipality of Metropolitan short title
Toronto Amendment Act, 1977.

3 §;

orq

►1

2 c

< ^

(t o

■-I -+.

S §

13 •
pi ^

3 ^
o' ??5

3 O

D- G

;«

C/5

Si-

►i

Jo
<^
S)

•-1

JO
&

SJ-

1-^

--4

•^

">J

c
2.>

O - ■ r*

o o °

3 ^

BILL 121 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act respecting Family Day

Mr. Williams

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of this Bill is to provide for a public holiday known as
Family Day. Family Day is established as a day to celebrate the institution
of the family and will be held on a day to be named by the Lieutenant
Governor.

BILL 121 1977

An Act respecting Family Day

WHEREAS the family is a source of values that are Preamble
essential to the existence of a peaceful and healthy
society ;

And Whereas the family, as the focal point of daily life,
offers mutual help, comfort and support to each of its
members ;

And Whereas it is public policy in Ontario to preserve
and strengthen the family as the basic unit of society ;

And Whereas, since some social and economic influences
threaten to fragment the family, it is desirable that every
citizen honour the family by reflecting upon the benefits and
obligations that he or she shares as a family member;

Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:

1. There shall be one day in every year, on a day to be ^a™"yDay
named by proclamation of the Lieutenant Governor, that

is known as Family Day and this day shall be celebrated
as a public holiday throughout the Province of Ontario.

2. This Act comes into force on the day it receives Royal ^^^t^®"^®"
Assent.

3. This Act may be cited as The Family Day Act, 1977. short title

Si
5-

S
X

«-o

«^

(Aj

n
n

3
cr
n>

BILL 122 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Legislative Assembly Act

The Hon. R. Welch
Minister of Culture and Recreation

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. The members' indemnity is increased from $17,200 to
$19,242 and the portion that may be paid per month is increased from
$1,430 to $1,600.

Section 2. The amendment authorizes the Board of Internal Economy
to require statements of current expenditures and forecasts of future expendi-
tures on a monthly basis from offices, agencies, commissions and select
committees whose estimates are subject to review by the Board.

BILL 122

1977

An Act to amend
The Legislative Assembly Act

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

1. — (1) Subsection 1 of section 60 of The Legislative ^ss^mft/v s^od).

^ ' o y amended

Act, being chapter 240 of the Revised Statutes of Ontario,
1970, as re-enacted by the Statutes of Ontario, 1977,
Chapter 26, section 1, is amended by striking out "$17,200"
in the first line and inserting in heu thereof "$19,242".

(2) Subsection 5 of the said section 60, as re-enacted by the |j^^^^g<j
Statutes of Ontario, 1977, chapter 26, section 1, is amended
by striking out "$1,430" in the fourth line and inserting
in lieu thereof "$1,600".

2. The said Act is amended by adding thereto the following lusted
section :

83a, The Board of Internal Economy may require any fe°^'i^^*^
office, agency, commission or select committee of the monthly
Assembly whose estimates of moneys required are subject
to review by the Board to submit to the Board on a monthly
basis statements that set out current expenditures and fore-
cast future expenditures and every such office, agency,
commission and select committee shall submit the state-
ments when so required.

3. — (1) This Act, except section 1, comes into force on the day ^°^^®"°®'
it receives Royal Assent.

(2) Section 1 shall be deemed to have come into force on the i**®™
1st day of October, 1977.

4. The short title of this Act is The Legislative Assembly Amend- short title
ment Act, 1977.

C5
o

i-t

-I

!3d

n
•-1

rt-

Si.

«^

ft)
•I

CXj

1— '

ft-

l-h

!-*■

cr o-

BILL 122

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Legislative Assembly Act

The Hon. R. Welch
Minister of Culture and Recreation

TORONTO
Printed by J. C. Thatcher. Queen's Printer for Ontario

BILL 122 1977

An Act to amend
The Legislative Assembly Act

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

1, — (1) Subsection 1 of section 60 of The Legislative ^ss^w6(y |^<^i^)^^
Act, being chapter 240 of the Revised Statutes of Ontario,
1970, as re-enacted by the Statutes of Ontario, 1977,
Chapter 26, section 1, is amended by striking out "$17,200"
in the first line and inserting in lieu thereof "$19,242".

(2) Subsection 5 of the said section 60, as re-enacted by the 1,^^^^^^
Statutes of Ontario, 1977, chapter 26, section 1, is amended
by striking out "$1,430" in the fourth hne and inserting
in lieu thereof "$1,600".

2. The said Act is amended by adding thereto the following Ijfacted
section :

83a. The Board of Internal Economy may require any fe°q1fi!-i"*^
office, agency, commission or select committee of the monthly

&u&ti6m61ltiS

Assembly whose estimates of moneys required are subject
to review by the Board to submit to the Board on a monthly
basis statements that set out current expenditures and fore-
cast future expenditures and every such office, agency,
commission and select committee shall submit the state-
ments when so required.

8. — (1) This Act, except section 1, comes into force on the day ^n™®°°®'
it receives Royal Assent.

(2) Section 1 shall be deemed to have come into force on the m®""
1st day of October, 1977.

4. The short title of this Act is The Legislative Assembly Amend- short title
ment Act. 1977.

t/3

(-t

i-i

<-i

ft)

fD
O

<■♦

ft!

1— »

54-

fD
•-1

1— k

H-»

-4

orq_

co'

i-f-

»-*•

(/)
fD

2 ^

BILL 123 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Legislative Assembly
Retirement Allowances Act, 1973

The Hon. R. Welch
Minister of Culture and Recreation

TORONTO

Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. The five year period for the calculation of average annual
remuneration is reduced to three years for those who ceased or who cease to
be members on or after the 1st day of October, 1977.

Section 2. The contribution rate is increased from 7 to 8^ per cent
effective the 1st day of October, 1977.

Section 3. The sixty year rule is changed to a fifty-five year rule for
those who ceased or who cease to be members on or after the 1st day of
October, 1977.

BILL 123 1977

An Act to amend The Legislative Assembly
Retirement Allowances Act, 1973

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

1. Clause a of section 14 of The Legislative Assembly ^^^*^^»«^w^ ^^i^^ax^^^
Allowances Act, 1973, being chapter 152, is repealed and the
following substituted therefor:

(a) "average annual remuneration" means,

(i) in respect of a person who was in receipt of
an allowance immediately before the 1st day
of October, 1977, the average annual re-
muneration of the person during any five
fiscal years of his service, which years
need not be consecutive, during which his
remuneration was the highest, or

(ii) in respect of a person who became entitled
or who becomes entitled to an allowance on or
after the 1st day of October, 1977, the average
annual remuneration of the person during any
three fiscal years of his service, which years
need not be consecutive, during which his
remuneration was highest.

2. Section 17 of the said Act is amended by striking out "'^" \^q^^^
in the second line and inserting in lieu thereof "8^".

3. Subsections 1 and 2 of section 18 of the said Act are repealed *^|^1'^2k^
and the following substituted therefor:

(1) A person who has contributed in resj)ect of at least Eiifi^ibiiity
five years of service and who has credit in the Legislative allowance.
Assembly Retirement Allowances Account for a number of
years of service that, when added to his age on the date he
ceases to be a member totals,

Deferred
or

reduced
allowance

(a) in the case of a person who ceased to be a member
before the 1st day of October, 1977, at least sixty
years; or

{b) in the case of a person who ceased or who ceases
to be a member on or after the 1st day of October,
1977, at least fifty-five years,

is entitled to an annual allowance during his Hfetime upon
his ceasing to be a member.

(2) Where a person has contributed in respect of at least
five years of service but has not satisfied the sixty year
rule or the fifty-five year rule, as the case requires, in
subsection 1 on the date he ceased or ceases to be a member,
he may elect to take a deferred annual allowance under
subsection 3 at the age when he does satisfy such rule or an
immediate annual allowance of a reduced amount under
subsection 4.

Commence-
ment

Idem

Short title

4. — (1) This Act, except section 2, comes into force on the day
it receives Royal Assent.

(2) Section 2 shall be deemed to have come into force on the
1st day of October, 1977.

5. The short title of this Act is The Legislative Assembly Retire-
ment Allowances Amendment Act, 1977.

55'

(-^

-I

"-1

r
o

•-1

(T)

<-K

t-o

•-•

1-1

S
«>

«>

H-k

<-^

^*.

1— »

-«J

(/)

<->■

•<

r-f-

3-
CD

°S.

3
o

t/i

BILL 123 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Legislative Assembly
Retirement Allowances Act, 1973

The Hon. R. Welch
Minister of Culture and Recreation

{Reprinted as amended by the Committee of the Whole House)

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Sf.ction 1 . The amendment replaces the one-half allowance to a spouse,
who qualifies under Part I of the Act, with a 60 per cent allowance. The
amendment is made effective on the same date that a similar amendment
came into force in respect of those who qualify under Part II of thcAcU

Section 2. The five year period for the calculation of average annual
remuneration is reduced to three years for those who ceased or who cease to
be members on or after the 1st day of October, 1977.

BILL 123 1977

An Act to amend The Legislative Assembly
Retirement Allowances Act, 1973

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

1. — (1) Subsection 1 of section 11 of The Legislative ^^^^f^^h^mJnAeA
Retirement Allowances Act, 1973, being chapter 152, is
amended by striking out "one-half" in the fifth line and
inserting in lieu thereof "60 per cent".

(2) Subsection 2 of the said section 11 is amended by striking l^e^^^^^e^
out "one-half" in the thirteenth and in the seventeenth
lines and inserting in lieu thereof in each instance "60 per
cent". '^■I

2. Clause a of section 14 of the said Act is repealed and the rel^^^-^g^
following substituted therefor:

(a) "average annual remuneration" means,

8.17,

amended

8. 18 (1. 2).
re-enacted

Eligibility
for

allowance,
member

3. Section 17 of the said Act is amended by striking out "1"
in the second line and inserting in lieu thereof "8V2 "•

4. Subsections 1 and 2 of section 18 of the said Act are repealed
and the following substituted therefor:

(1) A person who has contributed in respect of at least
five years of service and who has credit in the Legislative
Assembly Retirement Allowances Account for a number of
years of service that, when added to his age on the date he
ceases to be a member totals,

Deferred
or

reduced
allowance

Commence-
ment

Idem

(a) in the case of a person who ceased to be a member
before the 1st day of October, 1977, at least sixty
years; or

(6) in the case of a person who ceased or who ceases
to be a member on or after the 1st day of October,
1977, at least fifty- five years,

is entitled to an annual allowance during his lifetime upon
his ceasing to be a member.

(2) Where a person has contributed in respect of at least
five years of service but has not satisfied the sixty year
rule or the fifty-five year rule, as the case requires, in
subsection 1 on the date he ceased or ceases to be a member,
he may ekct to take a deferred annual allowance under
subsection 3 at the age when he does satisfy such rule or an
immediate annual allowance of a reduced amount under
subsection 4.

5. — (1) This Act, except sections 1 and 3, comes into force on
the day it receives Royal Assent.

(2) Section 1 shall be deemed to have come into force on the
12th day of July, 1977.

(3) Section 3 shall be deemed to have come into force on the
1st day of October, 1977. '^I

Short title

6. The short title of this Act is The Legislative Assembly Retire-
ment Allowances Amendment Act, 1977 .

Section 3. The contribution rate is increased from 7 to 8V2 per cent
effective tfie 1st day of October, 1977.

Section 4. The sixty year rule is changed to a fifty-five year rule for
those who ceased or who cease to be members on or after the 1st day of
October, 1977.

i ?

(^ »

<>».

S-

a»

i-i

•-K

r-t-

•z

•-t

■1

ft-

?i.

•-1

>— >

c^'

(/)

^^^

fT>

I—*

H-^

5)'

(/)

BILL 123

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend The Legislative Assembly
Retirement Allowances Act, 1973

The Hon. R. Welch
Minister of Culture and Recreation

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 123 1977

An Act to amend The Legislative Assembly
Retirement Allowances Act, 1973

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

1. — (1) Subsection 1 of section 11 of The Legislative ^^^^i^^h\,m&ahdL
Retirement Allowances Act, 1973, being chapter 152, is
amended by striking out "one-half" in the fifth hne and
inserting in lieu thereof "60 per cent".

(2) Subsection 2 of the said section 11 is amended by striking 1^1^^^^^^^
out "one-half" in the thirteenth line and in the seven-
teenth line and inserting in lieu thereof in each instance
"60 per cent".

2. Clause a of section 14 of the said Act is repealed and thesi^ca)

' .. . ,-,,<• re-enacted

followmg substituted therefor:

(a) "average annual remuneration" means,

(ii) in respect of a person who became entitUd
or who becomes entitled to an allowance on or
after the 1st day of October, 1977, the average
annual remuneration of the person during any
three fiscal years of his service, which years
need not be consecutive, during which his
remuneration was highest.

8.17.

amended

B. 18 (1. 2).

re-enacted

Eligibility
for

allowance,
member

3. Section 17 of the said Act is amended by striking out "1"
in the second hne and inserting in heu thereof "8^2"-

4. Subsections 1 and 2 of section 18 of the said Act are repealed
and the following substituted therefor:

Deferred
or

reduced
allowance

{a) in the case of a person who ceased to be a member
before the 1st day of October, 1977, at least sixty
years; or

{h) in the case of a person who ceased or who ceases
to be a member on or after the 1st day of October,
1977, at least fifty-five years,

is entitled to an annual allowance during his lifetime upon
his ceasing to be a member.

Commence-
ment

Idem

5. — (1) This Act, except sections 1 and 3, comes into force on
the day it receives Royal Assent.

(2) Section 1 shall be deemed to have come into force on the
12th day of July, 1977.

(3) Section 3 shall be deemed to have come into force on the
1st day of October, 1977.

Short title

6. The short title of this Act is The Legislative Assembly Retire-
ment Allowances Amendment Act, 1977.

C/l

t-t-

<-\

"-1

(X>

(T>

-1

(-►

(t>

c-0

t\5

C/5

►1

Si-

•I

Si-

<-t-

t— »

--4

(/)

ct;

<-»■

*<*

ft)

(-»■

O)
3

rt-

ft)

eg.

C/)'

rt)

C/2

BILL 124 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Mental Health Act

The Hon. D. R. Timbrell
Minister of Health

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes

Section 1. The definitions are complementary to the amendments
that follow in the Bill.

BILL 124 1977

An Act to amend The Mental Health Act

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

1. Section 1 of The Mental Health Act, being chapter 269 of » i- ,

d>rri6ii{i6d

the Revised Statutes of Ontario, 1970, is amended by adding
thereto the following clauses:

(ca) "involuntary patient" means a person who is
detained in a psychiatric facility under a certificate
of involuntary admission or a certificate of renewal;

{ga) "nearest relative" means,

(i) the spouse of any age, or

(ii) if none or if the spouse is not available, any
one of the children who has attained the age
of majority, or

(iii) if none or if none is available, either of the
parents or the guardian, or

(iv) if none or if neither is available, any one of
the brothers or sisters who has attained the
age of majority, or

(v) if none or if none is available, any other of
the next of kin who has attained the age of
majority;

{ha) "out-patient" means a person who is registered in
a psychiatric facility for observation or treatment
or both, but who is not admitted as a patient ;

8.8.

re-enacted

Application
for

psychiatric
assessment

Contents of
application

Idem

Signing of
application

{ja) "prescribed" means prescribed by the regulations.

2. Section 8 of the said Act is repealed and the following sub-
stituted therefor:

8. — (1) Where a physician examines a person and has reason
to believe that the person,

(a) has threatened or attempted or is threatening or
attempting to cause bodily harm to himself;

(6) has behaved or is behaving violently towards another
person or has caused or is causing another person to
fear bodily harm from him ; or

and the physician is of the opinion that the person is
apparently suffering from mental disorder of a nature or
quality that likely will result in,

{d) serious bodily harm to the person;

{e) serious bodily harm to another person ; or

(/) imminent and serious physical impairment of the
person,

the physician may make application in the prescribed form
for a psychiatric assessment of the person.

(2) An application under subsection 1 shall set out clearly
that the physician who signs the application personally
examined the person who is the subject of the application
and made careful inquiry into all of the facts necessary for
him to form his opinion as to the mental disorder of the
person.

(3) A physician who signs an application under subsec-
tion 1,

(a) shall set out in the application the facts upon which
he formed his opinion of the mental disorder;

(6) shall distinguish in the application between the
facts observed by him and the facts communicated
to him by others; and

(4) An application under subsection 1 is not effective unless
it is signed by the physician within seven days after he
examined the person who is the subject of the examination.

Section 2. Section 8 of the Act is re-enacted to change the grounds

for admission from "mental disorder of a nature or degree so as to require

hospitahzation in the interests of his own safety or the safety of others"

' to "mental disorder of a nature or quality that likely will result in bodily

1 harm to another person or imminent and serious physical impairment of the

J person".

f Also, the authority to convey a person to a psychiatric facility is

'•\ now set out as the authority to take in custody, and the authority of the

I psychiatric facility is now to detain the person and to restrain, observe,

(1 examine and care for him.

Section 3. — ^Subsection 1. Section 9 of the Act is amended so that
the grounds for an order by a justice of the peace will be the same as the
grounds for an application by a physician under section 8.

Subsection 2. Subsection 1 of section 9 provides that the justice of the
peace may make an order for an assessment by a physician where, upon the
information before him, he is of the opinion that the person is apparently
suffering from mental disorder of a nature or quality that likely will result
in the consequences set out in clauses d, e and/ of subsection 1.

Subsection 3. The effect of the amendment is that the purpose of an
order under the section is to provide for an assessment by a physician rather
than a medical examination.

Section 4. Section 10 of the Act is re-enacted so that the grounds
for action by a constable or other peace officer, in addition to observing
conduct that in a normal person would be disorderly, will be the same as for an
order by a justice of the j)eace under section 9 or an application by a
physician under section 8.

The re-enactment of section 11 is complementary to the changes to
sections 8, 9 and 10.

Section 12 is re-enacted to provide for the procedure by which an
informal patient may become an involuntary patient.

(5) An application under subsection 1 is sufficient authority appucation ^
for seven days from and including the day on which it is
signed by the physician,

(a) to a person to take the person who is the subject
of the application in custody to a psychiatric facility ;
and

(b) to detain the person who is the subject of the
application in a psychiatric facility and to restrain,
observe, examine and care for him in the facility for
not more than seventy-two hours.

3. — (1) Subsection 1 of section 9 of the said Act is repealed and ^g^^^i^^j.^^
the following substituted therefor:

(1) Where information upon oath is brought before a o"t^e^®
justice of the peace that a person within the hmits of the peaces

order for

jurisdiction of the justice, psychiatric

assessment

(a) has threatened or attempted or is threatening or
attempting to cause bodily harm to himself;

(6) has behaved or is behaving violently towards another
person or has caused or is causing another person to
fear bodily harm from him ; or

and upon the information before him the justice of the
peace has reasonable cause to believe that the person is
apparently suffering from mental disorder of a nature or
quality that likely will result in,

{d) serious bodily harm to the person;

{e) serious bodily harm to another person ; or

(/) imminent and serious physical impairment of the
person,

the justice of the peace may issue his order in the prescribed
form for the assessment of the person by a physician,

(2) Subsection 2 of the said section 9 is repealed. ?ii!,lied

(3) Subsection 4 of the said section 9 is amended by striking «^^<^>^^,,
out "medical examination" in the fourth and fifth lines

and inserting in lieu thereof "assessment by a physician".

4. Sections 10, 11 and 12 of the said Act are repealed and the ;!|.J0J^iJJ-
following substituted therefor:

Action
by peace
officer

10. Where a constable or other peace officer observes a
person who acts in a manner that in a normal person would
be disorderly and has reason to believe that the person,

(a) has threatened or attempted or is threatening^' or
attempting to cause bodily harm to himself;

(b) has behaved or is behaving violently towards another
person or has caused or is causing another person to
fear bodily harm from him ; or

and the constable or other peace officer is of the opinion
that the person is apparently suffering from mental disorder
of a nature or quality that likely will result in,

(d) serious bodily harm to the person ;

{e) serious bodily harm to another person ; or

(/) imminent and serious physical impairment of the
person,

and that it would be dangerous to proceed under section 9,
the constable or other peace officer may take the person in
custody to an appropriate place for assessment by a physician.

Place of

psychiatric

assessment

11. An assessment under section 9 or 10 shall be conducted
by a physician forthwith after receipt of the person at the
place of assessment and where practicable the place shall be
a psychiatric facility or other health facility.

Change from
informal
patient to
involuntary
patient

12. Subject to subsection 4 of section 13, the attending
physician may change the status of an informal patient to
that of an involuntary patient by completing and filing with
the officer in charge a certificate of involuntary admission.

3.13(1-3).
re-enacted

Duty of

attending

physician

5. Subsections 1 to 3 of section 13 of the said Act are repealed
and the following substituted therefor:

(1) Where a person is detained under section 8 or 25, the
attending physician, after observing and examining the
person,

(a) shall discharge the person from the psychiatric
facility if the attending physician is of the opinion
that the person is not in need of the treatment
provided in a psychiatric facility;

Section 5. Subsections 1 to 3 of section 13 of tht .\< t are re-enacted
as subsections 1 to 36 to clarify the procedure to be followed after an
assessment by a physician and to reduce the time periods under certificates
of renewal.

{b) shall admit the person as an informal patient if the
attending physician is of the opinion that the person
is suffering from mental disorder of such a nature or
quality that the person is in need of the treatment
provided in a psychiatric facility and is suitable for
admission as an informal patient ; or

(f) shall admit the person as an involuntary patient by
completing and filing with the officer in charge a
certificate of involuntary admission if the attending
physician is of the opinion both that the person is
suffering from mental disorder of a nature or quality
that likely will result in,

(i) serious bodily harm to the person,

(ii) serious bodily harm to another person, or

(ill) imminent and serious physical impairment
of the person,

unless the person remains in the custody of a
psychiatric facility and that the person is not
suitable for admission as an informal patient.

(2) The physician who completes a certificate of involuntary 1^^^^^*^^*°
admission pursuant to clause c of subsection 1 shall not be completes
the same physician who completed the application for of

,-. ■ . . [ .• o Involuntary

psychiatric assessment pursuant to section o. admission

(3) The officer in charge shall release a person who is Release

° II- , of person

detained under section 8 or 25 upon the completion of by officer
seventy-two hours of such detention unless the attending'"^ ^^^^
physician has released the person, has admitted the person
as an informal patient or has admitted the person as an
involuntary patient by completing and filing with the officer
in charge a certificate of involuntary admission.

{3a) An involuntary patient may be detained, restrained, ^^^thorRy of
observed, examined and cared for in a psychiatric facility,

(a) for not more than two weeks under a certificate
of involuntary admission ; and

(6) for not more than,

(i) one additional month under a first certificate
of renewal,

(ii) two additional months under a second certi-
ficate of renewal, and

(iii) three additional months under a third or
subsequent certificate of renewal.

Conditions
precedent
to making
of certificate
of involuntary
admission or
certificate of
renewal

that is completed and filed with the officer in charf^i
by the attending physician.

(36) The attending physician shall not complete a certificate
of involuntary admission or a certificate of renewal unless,
after he has examined the patient, he is of the opinion both
that the patient is suffering from mental disorder of a nature
or quality that likely will result in,

{a) serious bodily harm to the patient ;

(6) serious bodily harm to another person ; or

(f) imminent and serious physical impairment of the
patient,

unless the patient remains in the custody of a psychiatric
facility and that the patient is not suitable for admission
or continuation as an informal patient.

s. 21(1).
amended

Unauthorized
absence

6. Subsection 1 of section 21 of the said Act, exclusive of the
clauses, is repealed and the following substituted therefor:

(1) Where a person who is subject to detention is absent
without leave from a psychiatric facihty, a constable or other
peace officer or any one appointed by the officer in charge may
return the person to the psychiatric facility or take the
person to the psychiatric facility nearest to the place where
the person is apprehended.

s. 25.
re-enacted

Mentally
disordered
person
coming into
Ontario

s. 25a.
enacted

7. Section 25 of the said Act is repealed and the following sub-
stituted therefor:

25. Where the Minister has reason to believe that there may
come or be brought into Ontario a person suffering from
mental disorder of a nature or quality that likely will result
in,

(a) serious bodily harm to the person ; or

{b) serious bodily harm to another person,

unless the person is placed in the custody of a psychiatric
facility, the Minister by an order in the prescribed form
may authorize any one to take the person in custody to a
psychiatric facility and the order is authority to admit,
detain, restrain, observe, examine and care for the person in
the psychiatric facility.

8. The said Act is amended by adding thereto the following
section :

Section 6. The subsection is amended to provide for taking a person
who is absent without leave to the nearest psychiatric facility.

Section 7. The re-enactment of the section is complementary to the
re-enactment of section 8 of the Act.

Section 8. The section prevents simple delivery of a person to a
psychiatric facility by requiring the constable, other peace officer or other
[>erson to remain and to retain custody until the facility accepts custody.

Section 9. New section 26a of the Act relates to the disclosure of
information from or the disclosure, transmittal or examination of the clinical
record of a patient.

Subsections 6 and 7 relate to the disclosure of material from the clinical
record pursuant to a subpoena, order, direction, notice or similar require-
ment. Subsection 8 provides for the return of material to the officer in
charge of the psychiatric facility. Subsection 9 relates to the disclosure,
in an action or proceeding in any court, of information in respect of a
patient obtained in the course of assessing, caring for or treating or assisting
in assessing, caring for or treating the patient.

25fl. A constable or other peace officer or any one who takes ^ "nitabie
a person in custody to a psychiatric facihty shall remain at o^er peace
the facility and retain custody of the person so taken until other person
the facility accepts the custody of the person.

j 9. The said Act is further amended by adding thereto the follow- l^^^ed

j' ing section :

! 26a. — (1) In this section, interpre-

[J ^ ' • tation

i (a) "clinical record" means the cHnical record compiled

ii in a psychiatric facility in respect of a patient in

I the facility, and includes a part of a chnical record;

(b) "mentally competent" means able to understand
the consequences of giving or refusing consent and
able to judge whether or not to consent to the
disclosure, transmittal or examination of a clinical
record ;

(2) No person shall disclose, transmit or examine any Qflil^fc^i
part of a clinical record, except as provided in subsections 3, record
5 and 7.

(3) The officer in charge or a person designated in writing ^^^^
by the officer in charge may disclose, transmit or permit
the examination of any part of a clinical record,

(a) where the patient has attained the age of majority
and is mentally competent, to any person with the
consent of the patient ;

(6) where the patient has not attained the age of
majority or is not mentally competent, to any
person with the consent of the nearest relative of
the patient ;

(d) to the chief executive officer of a health facility
currently involved in the direct health care of the
patient ;

(e) with the consent of the patient or, where the patient
has not attained the age of majority or is not

Use of
material
in clinical
record for
research,
study or
statistics

Disclosure
pursuant to
subpoena

Statement
by attending
physician

mentally competent, with the consent of the nearest
relative of the patient or, where delay in obtaining
the consent of either of them would endanger the
Hfe, a limb or a vital organ of the patient, without
the consent of either of them, to a person currently
involved in the direct health care of the patient in a
health facility;

if) to a person for the purpose of research, academic
pursuits or the compilation of statistical data.

(4) Where a clinical record,

[a] is transmitted or copied for use outside the psychiatric
facility for the purpose of research, academic pur-
suits or the compilation of statistical data, the
officer in charge shall remove from the part of
the clinical record that is transmitted or from
the copy, as the case may be, the name of or any
means of identifying the patient ; and

• (6) is disclosed or transmitted to or examined by a

person for the purpose of research, academic pur-
suits or the compilation of statistical data, the
person shall not disclose the name of or any means
of identifying the patient and shall not use or com-
municate the information or material in the clinical
record for a purpose other than research, academic
pursuits or the compilation of statistical data.

(5) Subject to subsections 6 and 7, the officer in charge
or a person designated in writing by the officer in charge
shall disclose, transmit or permit the examination of a clinical
record pursuant to a subpoena, order, direction, notice or
similar requirement in respect of a matter in issue or that
may be in issue in a court or under any other Act.

(6) Where the disclosure, transmittal or examination of a
clinical record is required by a subpoena, order, direction,
notice or similar requirement in respect of a matter in issue
or that may be in issue in a court or under any other Act and
the attending physician states in writing that he is of the
opinion that the disclosure, transmittal or examination of the
clinical record or of a specified part of the clinical record,

(a) is likely to result in harm to the treatment or
recovery of the patient ; or

(6) is likely to result in,

(i) injury to the mental condition of a third
person, or

(ii) bodily harm to a third person,

no person shall comply with the requirement with respect
to the cHnical record or the part of the clinical record specified
by the attending physician, except pursuant to an order of
the court or, in the case of any other Act, the body before
which the matter is or may be in issue, made after a hearing
held on notice to the attending physician.

(7) On a hearing under subsection 6, the court or body J^^^,"®™
shall consider whether or not the disclosure, transmittal or considered by
examination of the clinical record or the part of the clinical

record specified by the attending physician,

{a) is likely to result in harm to the treatment or
recovery of the patient ; or

(b) is likely to result in,

(i) injury to the mental condition of a third
person, or

(ii) bodily harm to a third person,

and for the purpose the court or body may examine the
clinical record, and, if satisfied that such a result is likely,
the court or body shall not order the disclosure, transmittal
or examination unless satisfied that to do so is essential in the
interests of justice.

(8) Where a chnical record is required pursuant to "^^^^2°^
subsection 5 or 6, the clerk of the court or body in which recordto

Oinccr in

the clinical record is admitted in evidence or, if not so admitted, charge
the person to whom the clinical record is transmitted shall
return the clinical record to the officer in charge forthwith
after the determination of the matter in issue in respect of
which the clinical record was required.

(9) No person shall disclose in an action or proceeding ^j^^J^^S^r
in any court or before any other body any knowledge or proceeding
information in respect of a patient obtained in the course of
assessing, caring for or treating or assisting in assessing, caring

for or treating the patient in the psychiatric facility except,

(a) where the patient has attained the age of majority
and is mentally competent, with the consent of the
patient ;

(6) where the patient has not attained the age of
majority or is not mentally competent, with the
consent of the nearest relative of the patient ; or

s.28(l).
re-enacted

Application
for review
by patient,
etc.

8. 28 (2).
amended

s. 28.
amended

Where
notice
deemed to
have been
griven

Effect of
certificate

8S. 32-38.
re-enacted

Examination
as to

competency
to manage
estate,
upon

admission or
receiving

Idem

10. — (1) Subsection 1 of section 28 of the said Act is repealed and
the following substituted therefor:

(1) An involuntary patient, or any person on his behalf,
may apply in the prescribed form to the chairman of the
review board having jurisdiction to inquire into whether the
patient is suffering from mental disorder of a nature or
quality that likely will result in,

(a) serious bodily harm to the patient ;

(b) serious bodily harm to another person ; or

(f) imminent and serious physical impairment of the
patient,

unless the patient remains in the custody of a psychiatric
facility.

(2) Subsection 2 of the said section 28 is amended by
relettering clauses a and b as clauses b and c and by adding
thereto the following clause :

(a) when a certificate of involuntary admission respecting
the patient comes into force.

(3) The said section 28 is amended by adding thereto the
following subsections:

(4) On the completion of a fourth certificate of renewal
and on the completion of every fourth certificate of renewal
thereafter, the patient shall be deemed to have applied in the
prescribed form pursuant to subsection 1 to the chairman
of the review board having jurisdiction.

(5) Notwithstanding that a hearing is required or an
appeal is taken against a certificate of involuntary admission
or a certificate of renewal, the certificate is effective until
confirmed or rescinded on a hearing.

1 1. Sections 32 to 38 of the said Act are repealed and the following
substituted therefor:

32. — (1) Forthwith upon the admission of a patient to or
the registration of an out-patient in a psychiatric facility, a
physician shall examine the patient or out-patient to
determine whether or not he is competent to manage his
estate.

(2) The attending physician may examine a patient or
out-patient at any time to determine whether or not the
patient or out-patient is competent to manage his estate.

Section 10. — ^Subsections 1 and 2. The re-enactment of subsection 1
and the amendment of subsection 2 of section 28 of the Act are comple-
mentary to the enactment of new clause c of subsection 1 of section 13 of
the Act by this Bill.

Subsection 3. New subsection 4 provides for an automatic review by
the review board after a fourth certificate of renewal (six months) and after
every fourth renewal (twelve months) thereafter.

Section 11. The sections are re-enacted to provide for both patients
and out-{>atients.

Subsection 3 is added to section 32 of the Act to require the physician
or attending physician to enter his determination as to competency in the
clinical record together with written reasons.

Subsection 4 of section 32 provides for the issuing of a certificate of
incompetence to manage his estate in resf)ect of a patient or an out-patient.

Subsection 1 of section 37 provides for an examination within twenty-
one days of the discharge of a patient or out-patient and for the issuing
of a notice of continuance where the physician is of the opinion, after the
examination, that the patient or out-patient will not be competent to
manage his estate.

In addition, section 37 of the Act is amended to require the officer
in charge to give notice to the Public Trustee of the discharge of a patient
in respect of whom a certificate of incompetence is in force.

(3) After an examination under subsection 1 or 2, thefntryof
physician or attending physician, as the case may be, shall minationand
enter his determination, together with written reasons therefor, cifnicai °
in the clinical record prepared in respect of the patient. record

(4) A physician or attending physician who performs an fncom^etence
examination under subsection 1 or 2 and who is of the

opinion that the patient or out-patient is not competent to
manage his estate shall issue a certificate of incompetence
in the prescribed form and the officer in charge shall transmit
the certificate to the Public Trustee.

(5) Where circumstances are such that the Public Trustee exceptional
should immediately assume management of an estate, the circum-

-' " stances

officer in charge shall notify the Public Trustee in the fastest
manner possible that a certificate of incompetence has been
issued.

(6) A patient or out-patient may appoint the Public b ''^auent^"*^
Trustee as committee of the estate of the patient or out-
patient.

(7) An appointment under subsection 6, ^**®'"

(a) is not valid unless it is signed and sealed by the
patient or out-patient ; and

(6) may be revoked by a written revocation signed and
sealed by the patient or out-patient.

(8) Where the Public Trustee is committee of the estate of a SSfi"''"''
patient or out-patient at the time of his admission to or ^?7?'"''*'|®
receipt in a psychiatric facility, a certificate of incompetence admission
shall be deemed to have been issued and transmitted to the of patient or
Public Trustee under subsection 4. °" "'**' ®°

(9) Subsections 1 to 8 do not apply to a patient or out- J|5X|^®i.,

8 do

patient whose estate is under committeeship under The not apply
Mental Incompetency Act. 0.271

33.— (1) Notwithstanding that under The Mental Incom- yr^lfBtefmiy
petency Act Si person other than the Public Trustee has ^®J[^j\^gg
been app)ointed as the committee of the estate of a patient or appointed
out-patient, the Supreme Court may at any time upon the r.so. 1970.
application of the Public Trustee appoint him as committee ^'^^
in the stead of the person appointed under that Act, and on
appointment the Public Trustee has and may exercise all the
rights and powers conferred upon him by this Act with
regard to the management of estates.

Duty of

Public

Trustee

where

committee

appointed

under

R.S.0. 1970,

0.271

(2) If at any time a committee of the estate of a patient
or out-patient is appointed under The Mental Incompetency
Act, the Pubhc Trustee thereupon ceases to be committee and
shall account for and transfer to the committee so appointed
the estate of the patient or out-patient that has come into
his hands.

Consent of
Public
Trustee
to order

(3) An order shall not be made under The Mental Incom-
petency Act for the appointment of a committee of a patient
or out-patient without the consent of the Public Trustee
unless seven days notice of the application has been given to
him.

Acts of
Public
Trustee not
affected

Where
Public
Trustee
committee

(4) The acts of the Public Trustee while committee of a
patient or out-patient are not rendered invalid by the making
of an order appointing another committee.

34. The Public Trustee is committee of the estate of a
patient or out-patient and shall assume management thereof.

(a) upon receipt of a certificate of incompetence ;

(6) upon receipt of notice under subsection 5 of section 32 ;

(f) upon receipt of an appointment under subsection 6
of section 32 ; or

{d) upon receipt of a notice of continuance under
section 37.

Financial
statement

Cancellation

of certificate

incompetence

Examination
as to

competency
before
discharge

35. Upon the Public Trustee becoming committee of the
estate of a patient or out-patient, the officer in charge shall
forthwith forward a financial statement in the prescribed
form to the Public Trustee.

36. The attending physician may, after examining a patient
or out-patient for that purpose, cancel the certificate of
incompetence issued in respect of the patient or out-patient
and the officer in charge shall forward a notice of cancellation
in the prescribed form to the Public Trustee.

37. — (1) Where the Public Trustee is managing the estate
of a patient or out-patient, the attending physician shall
examine the patient or out-patient within twenty-one days
before he is discharged from a psychiatric facility to deter-
mine whether or not he will be competent to manage his
estate.

Notice of
continuance

(2) Where the attending physician is of the opinion, after
the examination referred to in subsection 1, that the patient
or out-patient will not, upon discharge, be competent to

Section 12. Subsection 1 of section 39 of the Act is amended to refer
to both a patient and an out-patient.

Subsection 2 of the section is amended to reduce the waiting time for
successive apphcations from twelve months to six months.

Section 13. The sections are re-enacted to provide for both patients
and out-{>atients.

manage his estate, he shall issue a notice of continuance in
the prescribed form and the officer in charge shall forward
the notice to the Public Trustee.

(3) The officer in charge shall transmit to the Public where notice

^ . " of discharge

Trustee notice of the discharge from the psychiatric facility to ''e

trstnsmitted

of a patient or an out-patient in respect of whom a certificate to Public
of incompetence is in force. rustee

38. The Public Trustee ceases to be committee of the estate p^^n®
of a patient or out-patient and shall relinquish management Trustee

,, r '■ ^ " ceases

thereof, to be

committee

(a) upon receipt of notice of cancellation of the certificate
of incompetence of the patient or out-patient ;

[b) upon receipt of a revocation in writing, signed and
sealed by the patient or out-patient, of an appoint-
ment referred to in subsection 6 of section 32 ;

(f) upon receipt of notice of discharge of the patient or
out-patient, unless he has at that time received a
notice of continuance ; or

{d) upon the expiration of six months after the dis-
charge of the patient or out-patient, where a
notice of continuance was received.

12. — (1) Subsection 1 of section 39 of the said Act is repealed ^ind ^^39 m^^^^
the following substituted therefor :

(1) Where a certificate of incompetence or a notice o^ to'rev^ew°"
continuance has been issued, the patient or out-patient may board as to

., , , r I • r 1 • competency

apply in the prescribed form to the chairman of the review
board having jurisdiction to inquire into whether or not the
patient or out-patient is competent to manage his estate.

(2) Subsection 2 of the said section 39 is amended by striking l^jg^^,
out "twelve-month" in the second line and inserting in
lieu thereof "six-month".

13. Sections 41. 42. 45, 46 and 48 to 51 of the said Act are -g^^u^^J^-
repealed and the following substituted therefor: re-enacted

41. Where an action or proceeding is brought or taken |«^viceof^
against a person.

{a) who is a patient or out-patient ; and

(b) for whose estate a committee has not been appointed
by a court,

and the action or proceeding is in connection with the
estate of the person, the writ or other document by which
the action or proceeding is commenced and any other docu-
ment requiring personal service,

(f) shall be endorsed with the name of the psychiatric
facility in or of which the person is a patient or
out-patient ;

(d) shall be served,

(i) on the Public Trustee, and

Rights and
powers of
Public
Trustee as
committee

(ii) on the person, or, where the attending
physician is of the opinion that personal service
on the person would cause or would be likely
to cause serious harm to him by reason of his
mental condition, on the officer in charge.

42. The Public Trustee as committee of a patient or out-
patient has and may exercise all the rights and powers with
regard to the estate of the patient or out-patient that the
patient or out-patient would have if of full age and of sound
and disposing mind.

Recitals in
documents

45. A recital in a lease, mortgage or conveyance that a
person is a patient in or an out-patient of a psychiatric
facility and that the Public Trustee is his committee is
admissible in evidence as prima facie proof of the facts
recited.

Purposes

for which

powers of

Public

Trustee

maybe

exercised

46. The powers conferred upon the Public Trustee as
committee of the estate of a patient or out-patient may be
exercised,

{a) until the committeeship is terminated notwith-
standing that the patient or out-patient has been
discharged from the psychiatric facility ;

(b) to carry out and complete any transaction entered
into by the patient or out-patient before he became
a patient or out-patient in a psychiatric facility ;

{c) to carry out and complete any transaction entered
into by the committee notwithstanding that the

Section 14. New subsection 2 of section 52 of the Act provides for
extending the committeeship of a person's estate by the Public Trustee
where the Supreme Court is satisfied that the jjerson will continue to be
incompetent to manage his estate.

The present subsection 2 of section 52 is re-enacted as subsection 3 and
now refers to subsection 1 or 2.

committeeship has been terminated or that the
patient or out-patient has died after the transaction
was commenced.

48. Where the Pubhc Trustee is committee of the estate when gifts.

etc dGGmpd

of a patient or out-patient, every gift, grant, ahenation, fraudulent
conveyance or transfer that is not made for full and valuable
consideration actually paid or secured or that is made at or
after the time when the purchaser of transferee had notice of
the mental condition of the patient or out-patient, of the
fact that he was a patient or out-patient or of the committee-
ship shall be deemed to be fraudulent and void as against
the Public Trustee.

49. Upon the death of a patient or out-patient of whose °®fign°Qj.
estate the Public Trustee is committee and until letters out-patient
probate of the will or letters of administration of the estate

of the patient or out-patient are granted to a person other
than the Public Trustee and notice thereof is given to the
Public Trustee, the Public Trustee may continue to manage
the estate and exercise with respect thereto the powers that
an executor would have if the property were devised or
bequeathed to him in trust for payment of debts and dis-
tribution of the residue.

50. The Public Trustee is liable to render an account as ^^0^^^°*^
to the manner in which he has managed the property of a
patient or an out-patient in the same way and subject to the

same responsibility as any trustee, guardian or committee
duly appointed for a similar purpose may be called upon to
account, and is entitled from time to time to bring in and
pass his accounts and tax costs in like manner as a trustee
but is personally liable only for wilful misconduct.

51. The Public Trustee may be allowed compensation for co'^pensa-
services rendered as committee of the estate of a patient or Public
out-patient in an amount not exceeding the amount that a
trustee would be allowed for like services, but in cases of
poverty or hardship the Public Trustee may forego any

claim for compensation.

14. Subsection 2 of section 52 of the said Act is repealed and the "e^J^J^tg^
following substituted therefor:

(2) Where the Supreme Court is satisfied, on apphcation Application

bv the Pubhc Trustee with notice to the person, that a continuance

■^ ,. , , ■ ■ 1 • of corn-

person who was discharged as a patient or out-patient subject mitteeship

to a notice of continuance will continue to be incompetent

Further
orders

to manage his estate after the expiry of the notice of con-
tinuance, the court by order may extend the committeeship
of the Pubhc Trustee for such period of time, or may make
such other order, as the court considers proper.

(3) Where the Pubhc Trustee continues to manage an estate
under subsection 1 or 2, the Supreme Court, upon apphcation,
may make such further order as it considers just and, in its
discretion, may order that the management of the estate by
the Pubhc Trustee be rehnquished.

ss. 53-55.
re-enacted

1 5. Sections 53 to 55 of the said Act are repealed and the following
substituted therefor:

Payments
out of
patient's or
out-patient's
moneys

53. The Public Trustee, out of the moneys in his hands
belonging to a person who is a patient or out-patient of
whose estate the Public Trustee is committee, shall pay the
proper charges for maintenance of the person as a patient
in or an out-patient of the psychiatric facility and the Public
Trustee may also pay such sums as he considers advisable
to the patient's or out-patient's family or other persons
dependent upon him, and the payments for the maintenance
of the family and other dependants may be made notwith-
standing that such payments may prevent the payment of
maintenance that otherwise would be due from the patient or
out-patient.

Payments
out of
moneys
in court

54. Moneys in court to the credit of a patient or out-
patient of whose estate the Public Trustee is committee
shall be paid out to the Public Trustee upon his written
application, and it is not necessary to obtain an order of a
court or a judge for such purpose.

What
Public
Trustee not
required
to do

55. Nothing in this Act makes it the duty of the Public
Trustee to institute proceedings on behalf of a patient or
out-patient of whose estate the Public Trustee is committee
or to intervene in respect of the estate or any part thereof
or to take charge of any property of the patient or out-
patient.

s.56(l).
re-enacted

16. Subsection 1 of section 56 of the said Act is repealed and the
following substituted therefor:

Patients or
out-patients
in another
province
with estate
in Ontario

(1) Where a person who is suffering from a mental dis-
order is a patient in or an out-patient of a psychiatric
facility in another province or territory of Canada and has
estate situate in Ontario, the Lieutenant Governor in
Council may appoint the official of the other province or
territory who is charged with the duty of managing the

Section 15. The sections are re-enacted to provide for both patients
and out-patients.

Section 16. The subsection is re-enacted to refer to both a patient
and an out-patient.

Section 17. The section is re-enacted to change the fine from "not
less than $25 and not more than $500" to not more than $10,000.

estate of the person in the other province or territory to be
committee of the estate in Ontario.

17. Section 60 of the said Act is repealed and the following sub- ^^^^3^^,^^^^
stituted therefor:

60. Every person who contravenes any provision of thisO^^^^e
Act or the regulations is guilty of an offence and on sum-
mary conviction is liable to a fine of not more than $10,000.

18. This Act comes into force on a day to be named by proclama- co'^^«°c®-
tion of the Lieutenant Governor.

19. The short title of this Act is The Mental Health /I m^M^wm/ short title
Act, 1977.

H
X
w

5. °

En' 2
(-»■ ■

^ P

X '
(t H
p HI

m
r

Si.

•I

5^0

1 -

0)
3

<-»■

ft-

rt-

ffi

ft>

£L

<-»■

D-

BILL 125

Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to provide for the Disclosure of Information
relating to the Cost of Government Programs

Mr. Van Horne

TORONTO
Printed by J. C. Thatcher, Queens Printer for Ontario

Explanatory Note

The purpose of this Bill is to provide for the public disclosure of the
cost information upon which decisions to undertake certain government
programs are based. The Bill requires that the estimated total cost of each
program be disclosed and provides for additional scrutiny of program
operations if the estimated total cost is exceeded.

BILL 125 1977

An Act to provide for the Disclosure of

Information relating to the Cost of

Government Programs

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

1. In this Act, interpre-

tation

(a) "Auditor" means the Provincial Auditor;

(b) "program" means a program, project, work, under-
taking or service, the implementation of which is
considered and approved by the Executive Council ;

2. — (1) Where the Executive Council approves the imple- compendium
mentation of a program that is to be financed wholly or in information
part with public money from the Consolidated Revenue
Fund, the Minister responsible for the program shall forth-
with prepare and make publicly available a compendium of
cost information in respect of the program.

(2) The compendium of cost information shall contain a Contentaof

^ ' *^ i-ii,-- compendium

summary of the cost mformation upon which the decision
to implement the program was based and without limiting
the generality of the foregoing, the compendium shall con-
tain the following,

(a) the estimated total cost of the program ;

(b) a description of the methods of cost measurement ;

Cost

excess

statement

3. — (1) Where the Minister responsible for a program is
informed that the cost of the program will exceed or has
exceeded the estimated total cost of the program as stated
in the compendium of cost information, the Minister shall
inquire into the reasons for the increased cost and shall
prepare and make publicly available a cost excess statement
setting forth the reasons for the cost increase, the amount of
excess cost incurred, if any, at the time the statement was
prepared, and the revised estimated total cost of the program.

Supple-
mentary
cost excess
statement

(2) Where the Minister is informed that the cost of a
program will exceed or has exceeded the revised estimated
total cost of the program, the Minister shall forthwith
make an inquiry into the reasons therefor and prepare and
make available a supplementary cost excess statement setting
forth the reasons for the additional cost increase, the amount
of excess cost incurred, and the revised estimated total cost
of the program.

Auditor's
investi-
gation

4. The Auditor may make an inquiry into any program
for which a compendium of cost information is prepared and
where a cost excess statement or supplementary cost excess
statement is required under this Act, the Auditor shall
make an inquiry for the purpose of,

(a) determining the adequacy of the cost analysis, cost
forecasting and cost control methods used in the
planning and administration of the projgram ; and

(b) recommending improvements in these methods to
assure more efficient and effective program manage-
ment,

and the auditor shall report the findings and recommendations
arising from such an inquiry to the Minister responsible for
the administration of the program and to the standing Public
Accounts Committee of the Assembly.

When
compendium

etc.. made statement

publicly .

available available when,

5. — (1) For the purposes of this Act, a compendium or
shall be deemed to have been made publicly

(a) the compendium or statement has been laid before
the Assembly ;

(b) a copy of the compendium or statement has been
filed with the Office of the Auditor;

(c) a copy of the compendium or statement has been
provided to each member of the standing Public
Accounts Committee of the Assembly ; and

(d) a copy of the compendium or statement is made
available for public inspection and reproduction
during normal office hours at the central office of the
Ministry responsible for administering the program.

(2) If a compendium of cost information, cost excess i<iem
statement or supplementary cost excess statement is pre-
pared and the Assembly is not in session, copies of the
compendium or statement shall be made available pursuant
to subsection 1 notwithstanding the Assembly is not in
session and such compendium or statement shall be laid
before the Assembly at the commencement of the next
ensuing session.

6. This Act comes into force on the day it receives Royal ^^nt"*"^^
Assent.

7. The short title of this Act is The Program Cost Z)Vs- ^^°'"*^ ""®
closure Act, 1977.

?5-

z
m

<-0

Si-
<s>.

CD
i-l

i_^

>-i

■-1

orq

t-t-

►i

Orp

3 a

2>
I-

3 5.

3 ^

O 3*

3 fD

BILL 126 Private Member's Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Labour Relations Act

Mr. Williams

TORONTO
Printed by J. C. Thatcher, Queens Printer for Ontario

Explanatory Note

The Bill requires a trade union to provide additional information
about its financial affairs to members and to the Ontario Labour Relations
Board. The union must prepare a statement of salaries, expenses, fees and
commissions and a statement of investments to be provided to its members.
An audited financial report must be filed annually with the Board and the
members of the trade union may obtain copies of the statement from the
union upon request and without charge.

In addition, the Bill limits the amount of union funds provided by
Ontario members that may be transferred outside of Canada and requires
that investments made of union funds be of a type authorized by The Trustee
Act and The Pension Benefits Act.

BILL 126 1977

An Act to amend
The Labour Relations Act

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

1. Section 76 of The Labour Relations Act, being chapter 232 of^''^'
the Revised Statutes of Ontario, 1970, as amended by the
Statutes of Ontario, 1975, chapter 76, section 19, is repealed
and the following substituted therefor:

76. — (1) Every trade union shall file with the Board within Fi°a°ciai

iri ir/-i r i Statement

SIX months from the end of its fiscal year a financial state-
ment of its affairs to the end of that fiscal year consisting of,

[a) a balance sheet showing the assets and liabilities of
the union as at the end of the fiscal year ;

{b) a statement of income and expenditure for the
fiscal year; and

upon the request of any member shall provide the member
with a copy of the financial statement without charge.

(2) The financial statement shall be accompanied at the Auditor's
time of filing by an auditor's report thereon signed by th:r
auditor and stating whether in his opinion the financinl
statement presents fairly the financial position of the union

and the results of its operations for the period under review
in accordance with generally accepted accounting principles
applied on a basis consistent with that of the preceding
period, if any.

(3) Every trade union local shall provide to each of its SJ**?""?"*
members without charge and file with the Board within six andinvest-
months from the end of its fiscal year.

(a) a statement of salaries, expenses, fees and com-
missions paid from union funds to its elected officers
disclosing to whom the payments were made, in
what amount and for what purposes; and

(6) a statement of investments describing separately
each investment made with union funds.

Idem

(4) Every trade union that has a national or regional
office located in Ontario shall provide to each of its members
without charge and file with the Board within six months
from the end of its fiscal year the statements referred to in
subsection 3 in respect of the trade union's national or
regional officers and its investments.

Where
financial
statement
Inadequate

(5) Where the Board, for any reason, determines that a
statement referred to in this section is inadequate, the Board
may order the trade union to prepare another statement in a
form and containing such particulars as the Board considers
appropriate.

Offence

(6) A trade union that fails to provide or file financial
statements or information as and when required by this
section is guilty of an offence under this Act, and every
officer, executive or agent of the union who directed, author-
ized, assented to, acquiesced in or participated in the offence
is a party to and guilty of the offence.

8. 765.
enacted

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

Invest-
ments

R.S.0. 1970.
cc. 470, 342

766. — (1) A trade union shall not make an investment of
union funds unless the investment belongs to a class of
investment authorized by or under The Trustee Act or The
Pension Benefits Act.

Funds to
be spent in
Canada

(2) No trade union shall pay, transfer or invest outside cf
Canada more than 15 per cent of the funds received by it
from union members residing in Ontario.

Commence-
ment

3. This Act comes into force on the day it receives Royal Assent.

Short tiUe 4.^ j^g short title of this Act is The Labour Relations Amcnd»unt

Act, 1977.

«-o

C/)

a>
"1

5
a

r^i

1 ■

f— 1

-1

!-♦

(T>

C/5

BILL 127 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to amend The Municipal Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Notes
General

The Bill confers jjower on all municipalities to pass by-laws licensing,
regulating and governing adult entertainment parlours (defined broadly in
the Bill as premises in which are provided goods or services designed to
appeal to erotic or sexual appetites or inclinations).

Certain additional powers are also granted in respect of the authority
to license and regulate body-rub parlours now found in section 368a of the
Act.

In addition, the Bill raises the maximum fines that may be levied
for contravention of such by-laws and establishes a procedure for the
closing, for a period of up to two years, of premises in respect of which
any person has been convicted of a breach of any by-law licensing and
regulating body-rub parlours or adult entertainment parlours.

Section 1 . Section 368a of the Act now reads as follows:

368a. — (/) By-laws may be passed by the councils of all municipalities for
licensing, regulating, governing and inspecting body-rub parlours
and for revoking or suspending any such licence and for limiting the
number of licences to he granted, in accordance with subsection 3.

(2) A by-law passed under this section may provide for regulating the
placement, construction, size, nature and character of signs, advertising,
and advertising devices posted or used for the purpose of promoting
body-rub parlours or for the prohibition of such signs, advertising,
or advertising devices.

(3) A by-law passed under this section may define the area or areas of
the municipality in which body-rub parlours may or may not operate
and may limit the number of licences to be granted in respect of
body-rub parlours in any such area or areas in which they are
permitted.

(4) A by-law passed under this section may provide that no premises
in which a body-rub parlour is located shall be constructed or equipped
so as to hinder or prevent the enforcement of the by-law.

(5) Where a medical officer of health or a public health inspector acting
under his direction, or a peace officer, has reason to suspect that a
breach of any provision of a by-law passed under this section has
occurred in respect of a body-rub parlour, he may enter such body-
rub parlour, at any time of the night or day, for purposes of carrying
out the enforcement of a by law passed under this section.

(6) For the purposes of this section,

(a) "body-rub" includes the kneading, manipulating, rubbing,
massaging, touching, or stimulating, by any means, of a
person's body or part thereof but does not include medical or
therapeutic treatment given by a person otherwise duly
qualified, licensed or registered so to do under the laws of the
Province of Ontario ; and

BILL 127 1977

An Act to amend The Municipal Act

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

1.— (1) Subsection 2 of section 368a of The Municipal Act, I'^^J^^^^^
being chapter 284 of the Revised Statutes of Ontario,
1970, as enacted by the Statutes of Ontario, 1975,
chapter 56, section 8, is repealed and the following
substituted therefor:

(2) A by-law passed under this section may provide for ^^^^\,
regulating the placement, construction, size, nature and etc.
character of signs, advertising, and advertising devices,
including any printed matter, oral or other communication
or thing, posted or used for the purpose of promoting body-
rub parlours or for the prohibition of such signs, advertising,
or advertising devices.

(2) Subsection 3 of the said section 368a is amended by a,*^<j^gj'
adding at the commencement thereof "Notwithstanding
subsection 6 of section 246".

(3) The said section 368a is amended by adding thereto the l^^^jg^j
following subsections :

(5a) A by-law passed under this section may prohibit any ^||rigtion
person carrying on or engaged in the trade, calling, business
or occupation for which a licence is required under this
section from permitting any person under an age specified
in the by-law to enter or remain in the body-rub parlour
or any part thereof.

(56) For the purpose of any prosecution or proceeding under ^^
a by-law passed under this section, the holding out to the proof
public that services described in this section are provided
in premises or any part thereof, is admissible in evidence as
prima facie proof that the premises or part thereof is a body-
rub parlour.

Otliar

powannot
affected

(5c) Nothing in this section affects the power that may be
exercised by a municipahty under this or any other general
or special Act to license, regulate or govern any other
trade, calling, business or. occupation.

8.368b.
enacted

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

Licensing,
regulating,
etc.,

adult enter-
tainment
parlours

3686. — (1) By-laws may be passed by the councils of all
municipahties for licensing, regulating, governing, classifying
and inspecting adult entertainment parlours or any class or
classes thereof and for revoking or suspending any such
licence and for limiting the number of such licences to be
granted, in accordance with subsection 3.

signs,

advertising,

etc.

(2) A by-law passed under this section may provide for
regulating the placement, construction, size, nature and
character of signs, advertising, and advertising devices,
including any printed matter, oral or other communication
or thing, posted or used for the purpose of promoting adult
entertainment parlours or any class or classes thereof or
for the prohibition of such signs, advertising or advertising
devices.

Defined
areas,
limitation
on numbers

Construc-
tion and
egulpment
or premises

Entry

(3) Notwithstanding subsection 6 of section 246, a by-law
passed under this section may define the area or areas of
the municipality in which adult entertainment parlours or
any class or classes thereof may or may not operate and
may limit the number of licences to be granted in respect
of adult entertainment parlours or any class or classes
thereof in any such area or areas in which they are permitted.

(4) A by-law passed under this section may provide that
no premises in which an adult entertainment parlour is
located shall be constructed or equipped so as to hinder or
prevent the enforcement of the by-law.

(5) Where a medical officer of health or a pubHc health
inspector acting under his direction, or a peace officer, has
reason to suspect that a breach of any provision of a by-law
passed under this section has occurred in respect of an adult
entertainment parlour, he may enter such adult entertain-
ment parlour, at any time of the night or day, for purposes
of carrying out the enforcement of a by-law passed under
this section.

Hours of
operation

(6) Notwithstanding subsection 2a of section 246 and
section 355, a by-law passed under this section may regulate
the hours of operation of adult entertainment parlours or
any class or classes thereof.

(6) "body-rub parlour" includes any premises or part thereof
where a body-rub is performed, offered or solicited in pursuance
of a trade, calling, business or occupation, but does not include
any premises or part thereof where the body-rubs performed are
for the purpose of medical or therapeutic treatment and are
performed or offered by persons otherwise duly qualified, licensed
or registered so to do under the laws of the Province of Ontario.

The re-enactment of subsection 2 of section 368a adds "any printed
matter, oral or other communication or thing" to the description of
advertising or promotional matters that may be regulated.

The amendment to subsection 3 of section 368a is to make it clear
that body-rub parlours may be prohibited from operating in a defined
area even if one or more are located in that area at the time the by-law
comes into force.

Subsections 5a, 56 and 5c are added to enlarge and clarify the powers
conferred in respect of licensing and regulating body-rub parlours.

Section 2. The new section 3686 confers on all municipalities the pwwer
to license, regulate, govern, classify and inspect in the manner specified
adult entertainment parlours as defined in the section.

(7) A by-law passed under this section may prohibit any Restriction
person carrying on or engaged in the trade, calHng, business

or occupation for which a Hcence is required under this
section from permitting any person under an age specified in
the by-law to enter or remain in the adult entertainment
parlour or any part thereof.

(8) By-laws passed under this section do not apply to Non-

. -^ , ... , . . ^^ -^ application

premises or trades, calhngs, businesses or occupations car- ofBy-iaws
ried on in premises licensed under The Theatres Act or ^f^^^'""
hcensed under The Liquor Licence Act, 1975 or Hcensed i9'^5,c.40
under a by-law passed under section 368a of this Act.

(9) In this section, Interpre-

{a) "adult entertainment parlour" means any premises
or part thereof in which is provided goods or
services appealing to or designed to appeal to,
erotic or sexual appetites or inclinations;

{b) "goods" includes books, magazines, pictures, slides,
film, phonograph records, prerecorded magnetic
tape and any other reading, viewing or listening
matter;

(c) "to provide" when used in relation to goods
includes to sell, offer to sell or display for sale,
by retail or otherwise such goods, and "providing"
and "provision" have corresponding meanings;

{d) "to provide" when used in relation to services
includes to furnish, perform, solicit, or give such
services and "providing" and "provision" have
correspxjnding meanings;

{e) "services" includes activities, facilities, perform-
ances, exhibitions, viewings and encounters;

(/) "services designed to appeal to erotic or sexual
appetites or inclinations" includes,

(i) services of which a principal feature or
characteristic is the nudity or partial nudity
of any person,

(ii) services in respect of which the word "nude",
"naked", "topless", "bottomless", "sexy"
or any other word or any picture, symbol or
representation having like meaning or impli-
cation is used in any advertisement.

Prima
fade
proof

Other
powers not
affected

(10) For the purpose of any prosecution or proceeding
under a by-law passed under this section, the holding out
to the public that goods or services described in this section
are provided in premises, or any part thereof, is admissible
in evidence as prima facie proof that the premises or part
thereof is an adult entertainment parlour.

(11) Nothing in this section affects the power that may be
exercised by a municipality under this or any other general
or special Act to license, regulate or govern any other
trade, calling, business or occupation.

8S. 466a,
470a, 4706.
enacted

Statement
of clerk,
etc., as to
licensing or
non-
licensing

3. The said Act is further amended by adding thereto the
following sections: ^

466a. For the purpose of any prosecution or proceeding
under a by-law for licensing, regulating, governing, classify-
ing or inspecting any trade, calhng, business or occupation, a
statement as to the hcensing or non-licensing of any premises
or person in respect of any trade, calling, business or
occupation, purporting to be signed by the clerk of a muni-
cipaHty or of a regional or metropolitan municipality or by
the chief administrative officer of a board of commissioners
of police or of a licensing commission, is, without proof of
the office or signature of the said clerk or officer, receivable
in evidence as prima facie proof of the facts stated therein
for all purposes in such prosecution or proceeding.

Offence

Corpora-
tion.

maximum
penalty

Order

clocing

premises

Idem

470a. — (1) A by-law passed under section 368a or 3686
may provide that every person who contravenes the by-law,
and every director or officer of a corp)oration who concurs
in such contravention by the corporation, is guilty of an
offence and on summary conviction is liable to a fine not
exceeding $10,000 or to imprisonment for a term not ex-
ceeding one year, or to both.

(2) Where a corporation is convicted of an offence under
subsection 1, the maximum penalty that may be imposed on
the corporation is $25,000 and not as provided therein.

4706. — (1) Where a person is convicted of carrying on or
engaging in, on, in or in respect of any premises or part
thereof, a trade, calhng, business or occupation, without
a licence required by a by-law passed under section 368a or
3686, the court shall order that the premises or part thereof
be closed to any use for any period not exceeding two
years.

(2) Where a person is convicted of a contravention of a
by-law passed under section 368a or 3686, other than

Section 3. The new section 466a provides that the signed state-
ment of the clerk or other chief administrative officer as to the licensing or
non-licensing of any premises or person is prima facie proof of the facts
stated therein for the purposes of any prosecution under a by-law licensing
or regulating any trade, calling, business or occupation.

The new section 470a provides that by-laws licensing and regulating
body-rub parlours or adult entertainment parlours may provide for a fine
of up to $10,000 in the case of an individual or $25,000 in the case of a cor-
poration for a contravention of the by-law. Generally, under section 466,
the maximum fine that may be levied is $1,000.

The new section 470i provides, under the circumstances set out therein,
for the issue of a court order closing premises for a period of up to two years
where a person has been convicted, in respect of those premises, of a con-
travention of a by-law licensing and regulating body-rub parlours or adult
entertainment parlours. Such a closing order must be issued where the
conviction is for carrying on the business without a licence. It may be
issued where the conviction is for some other breach of the by-law. Following
such an order, the police force having jurisdiction in the area is to bar entry
to all entrances to the premises, so long as the order remains in effect. Where
such a closing order has been made, a county or district court may, on
application of a person who has an interest in the premises, susjjend the
closing order on the posting of a cash bond of at least $10,000, such bond
being liable to forfeiture if a subsequent conviction is registered. Where
the court is satisfied there has been or will be a bona fide change in owner-
ship of closed premises and that the new owner can ensure there will be no
further contraventions of the by-law, the court may, on application
therefor, discharge the closing order.

Where an appeal is taken against a closing order or against the
conviction that resulted in the closing order being made, the appellant may
apply for a suspension of the closing order or application may be made
for a discharge of the closing order, but the fact such an appeal has been
commenced does not of itself stay the closing order.

carrying on or engaging in a trade, calling, business or
occupation without a licence so to do, and the court decides
that the owner or other person occupying the premises or
part thereof in respect of which the conviction was made
knew or ought to have known of the conduct which formed
the subject-matter of the conviction or of any pattern of
similar conduct, the court may order that the premises or
part thereof be closed to any use for any period not ex-
ceeding two years.

(3) Upon the application by originating notice of motion of"^^g°n ^'^
of any person who has an interest in the premises ordered order
closed under subsection 1 or 2 and upon,

{a) being satisfied that the use to which the premises
will be put will not be in contravention of any
by-law passed under section 368a or 3686 ; and

(6) the posting by the applicant of a cash bond in
the sum of $10,000 or such greater sum as the court
determines, for such term as the court determines,
for the purpose of assuring that the premises will
not be used in contravention of any such by-law,

the court may make an order suspending any order made
under subsection 1 or 2 for such period and upon such
conditions as are specified by the court.

(4) Where, upon application brought by originating i^otice Dischargre
of motion, the court is satisfied that, order

{a) there has been or will be a bona fide change in
effective ownership of the premises subsequent to
the commission of an offence described in sub-
section 1 or 2; and

(6) the new owner satisfies the court that he can
ensure that there will be no contravention of any
by-law passed under section 368a or 3686,

the court may discharge an order made under subsection
1 or 2.

(5) Where an order is made under subsection 1 or 2, theBarrJ^°|
police force responsible for policing in the municipality or
regional or metropolitan municipality, shall bar entry to

all entrances to the premises or part or parts thereof named
in the order until the order has been suspended or discharged
pursuant to this section.

Forfeiture
of bond

(6) Where an order made under subsection 1 or 2 is
suspended under subsection 3 and a person is thereafter
convicted of an offence for contravention of a by-law passed
under section 368a or 3686 in respect of the premises or
part thereof referred to in the order, a judge of the county
or district court may, upon summary apphcation, order
the forfeiture of the bond and the payment to the Crown
of the proceeds and may order that the suspension of the
order be Hfted and that the order be reinstated.

No appeal

(7) No appeal hes from an order made under subsection 6.

Service of
notice

(8) The municipality or metropolitan or regional munici-
pality which passed a by-law described in subsection 1 or 2,
the contravention of which was the basis for an order made
under the provisions of either such subsection, is a party to
any proceedings instituted under subsection 3, 4 or 6 in
respect of such order, and shall be served in accordance with
the rules of the court with a copy of the notice initiating
the proceedings.

Where
by-law
deemed
passed by
council

(9) For the purposes of subsection 8, where the by-law
under which the conviction was made was passed by a board
of commissioners of police or by a hcensing commission for
a municipahty, or regional or metropolitan municipality, as
the case may be, the by-law shall be deemed to have been
passed by the council of the municipality or regional or
metropohtan municipality, as the case may be.

Application
for sus-
pension or
discharge of
closing
order

(10) Where an appeal is taken from an order made under
subsection 1 or 2 or from a conviction in respect of which
the order was made, the appellant may apply under sub-
section 3 for an order suspending the order made under
subsection 1 or 2 until the disposition of the matter under
appeal, or any person may apply under subsection 4 for a
discharge of the order, but the fact that such an appeal
is commenced does not stay the order.

Term of
closing
order

(11) An order made under subsection 1 or 2 shall take
effect upon the pronouncement thereof and shall remain in
effect during the term of the order, except to the extent
that it is suspended pursuant to subsection 3 or until it is
discharged pursuant to subsection 4.

Description
of premises

(12) The description of any premises or part thereof
affected by an order made under subsection 1 or 2 shall be
sufficiently made in such order by reference to the municipal
address of such premises.

(13) An order made under subsection 1 or 2 may be fj®^*^*^*"
registered in the land registry office in which the title to

the place described in the order is recorded.

(14) In subsections 1 and 2, "court" means a "summary ["^fo^''®'
conviction court" or an "appeal court" as defined by

The Summary Convictions Act, and in subsections 3 and 4, ^s^ ^^''O-
"court" means the county or district court of the county
or district in which the premises are situate.

4. This Act comes into force on the day it receives Royal Assent. m°e™r^"^^

5. The short title of this Act is The Municipal ^m^niw^n/ short title
Act, 1977.

ffi

l-t-
O
•-1

O
a>

►<

C-o

Si.

«>*.

rD
►-1

«»

>■"*

o^a

i-f-

£L

BILL 128

Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II. 1977

An Act to amend
The Landlord and Tenant Act

The Hon. R. McMurtry
Attorney General

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The Bill is complementary to the Bill to amend The Municipal Act
that confers additional powers on municipalities related to body-rub parlours
and adult entertainment parlours.

Subsection 2 of section 18 of the Act as it is proposed to be amended
is set out below showing underlined the words to be added :

(2) In every such demise there shall he deemed to be included an agree-
ment that if the tenant or any other person is convicted of keeping a
disorderly house within the meaning of the Criminal Code (Canada)
on the demised premises or any part thereof, or carries on or engages
in, on the demised premises or any part thereof, any trade, calling,
business or occupation for which a licence is required under a hy-law
passed under section 368a or 368b of The Municipal Act for licensing,
regulating or governing such trade, calling, business or occupation,
except under the authority of a licence issued under such by-law,
it is lawful for the landlord at any time thereafter to re-enter into the
demised premises or any part thereof and to have again, repossess
and enjoy the same as of his former estate.

The effect is to deem that in every lease of commercial premises there
is contained an agreement that if the tenant carries on in the leased premises
a business requiring a licence by a by-law passed to license and regulate
body-rub parlours or adult entertainment parlours, and does not have such
Ucence, the landlord may terminate the lease and re-enter on the premises.

BILL 128 1977

An Act to amend
The Landlord and Tenant Act

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

1. Subsection 2 of section 18 of The Landlord and Tenant ^d, 8i8(2)
being chapter 236 of the Revised Statutes of Ontario, 1970,

is amended by inserting after "thereof" in the fourth line
"or carries on or engages in, on the demised premises or any
part thereof, any trade, calling, business or occupation for
which a hcence is required under a by-law passed under section
368a or 3686 of The Municipal Act for licensing, regulating
or governing such trade, calling, business or occupation, except
under the authority of a licence issued under such by-law".

2. This Act comes into force on the day it receives Royal Assent. ^°^™®°*^®"

3. The short title of this Act is The Landlord and Tenant Amend- short title
ment Act, 1977 .

ffi

►<!

Si-

t\3

a>
3

■-1

«>

»--*

C/1

i-f-

SO
•-4

OfQ

CL 3
O >

as.

3 O
O' p

3 3
P CL

>
o

BILL 129 Government Bill

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act to prohibit Discrimination in Business
Relationships

The Hon. W. G. Davis
Premier

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

Explanatory Note

The purpose of the Bill is to prevent discrimination in the business
community on the basis of race, creed, colour, nationality, ancestry, place of
origin or geographical location.

Provision is made for orders for compliance, assurances of voluntary
compliance and enforcement of orders and assurances.

The right, enforceable by action in court, is also given to compensa-
tion for loss or damage and to punitive or exemplary damages incurred as
the result of a breach of the Act.

Contravention of the Act will disqualify a person from entering into a
contract to provide goods or services to the Crown or an agency of the Crown.

Provision is also made for obtaining an order of the Supreme Court
prohibiting the continuation or repetition of a contravention of the Act.

►

BILL 129 1977

An Act to prohibit Discrimination in
Business Relationships

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

1. In this Act, interpre-

tation

(a) "designated information" means information as to
the race, creed, colour, nationality, ancestry, place
of origin or geographical location of a person ;

(6) "Director" means the Director under The Mtms/ry ^^s o. mo.
of Consumer and Commercial Relations Act;

{d) "person" includes a partnership, sole proprietor-
ship, unincorporated association and governmental
agency:

(e) "person connected", when used in relation to
another person, means an employee, agent, partner
or associate of the other person and, where the
other person is a corporation, includes a director,
officer, shareholder or member of the corporation ;

(/) "Tribunal" means The Commercial Registration
Appeal Tribunal under The Ministry of Consumer and
Commercial Relations Act.

2. The purpose and intent of this Act is to prevent ^n^°'|nt
discrimination in Ontario on the ground of race, creed, colour, of Act
nationality, ancestry, place of origin or geographical loca-
tion of persons employed in or engaging in business.

3. This Act does not apply to : JSS'not*'*^

apply

1. The withholding of services or employment in the
course of a lawful strike, lock-out or other labour
dispute.

2. A discriminatory business practice engaged in in
accordance with a policy of the Government of
Canada or the Government of Ontario directed toward
trade with a country other than Canada or persons
in a country other than Canada.

^^*8crimin- 4^ YoT the purposes of this Act, the following shall be
businegs deemed to be discriminatory business practices :

practices -^ '^

1. A refusal or an agreement to refuse, by a person
in Ontario, to sell goods or services to, to buy
goods or services from or otherwise to engage in
business with a second person,

(a) because of the race, creed, colour, nationality,
ancestry, place of origin or geographical
location of the second person or of a person
connected with the second person; or

(6) because of any of the attributes set out in
clause a of nationals of a country with the
government of which the second person
conducts, has conducted or may conduct
business.

2. A refusal or an agreement to refuse, by a person
in Ontario, to sell goods or services to, to buy
goods or services from or otherwise to engage in
business with a second person because of a business
conducted between the second person and a third
person, whether supplier, customer or otherwise,

(a) because of the race, creed, colour, nationality,
ancestry, place of origin or geographical
location of the third person or of a person
connected with the third person; or

(b) because of any of the attributes set out in
clause a of nationals of a country with the
government of which the third person con-
ducts, has conducted or may conduct business.

3. A dismissal, a refusal or failure to employ or to
appoint, a suspension of employment of or a
refusal or failure to promote a second person,
or an agreement to take or to refuse or to fail to
take any such action, by a person in Ontario,

(a) because of the race, creed, colour, nationality,
ancestry, place of origin or geographical
location of the second person ;

(b) because of any of the attributes set out in
clause a of a third person with whom the
second person conducts, has conducted or
may conduct business; or

(c) because of any of the attributes set out in
clause a of nationals of a country with the
government of which the second person
conducts, has conducted or may conduct
business.

4. Entering in Ontario into a contract that includes
a provision that one of the parties to the contract
will do an act specified in paragraph 1, 2 or 3 in
relation to a person who is not a party to the
contract as a condition to entry into the contract.

5. — (1) No person in Ontario shall engage in a discrimin- Discrimin-
atory business practice. business

•^ *^ practices

prohibited

(2) No person in Ontario shall seek or agree to seek any seeking
designated information from a second person in respect of, designated

prohibited

(a) the second person or a person connected with the
second person; or

{b) a third person with whom the second person
conducts, has conducted or may conduct business
or a person connected with the third jjerson,

as a condition of engaging in business with the second
person.

(3) No person in Ontario shall provide or agree to provide JSJnitfd
to a second person or to a government any designated '"o^h/bi^"
information in respect of,

{a) the person or a person connected with the person;
or

(6) any third person,

as a condition of engaging in business with the second
person or a government.

(4) No person in Ontario shall seek or provide a state- JJSKments
ment, whether written or oral, to the effect that any go^^^s jf orj|in^^

Seeking or
providing
informa-
tion for
discrimin-
atory
business
practice

Idem

One act
deemed
practice

or services supplied or rendered by any person or government
do not originate in whole or in part in a specific location,
territory or country.

(5) No person in Ontario shall seek or provide information,
whether written or oral, for the purpose of engaging in a
discriminatory business practice, as to whether or not
the person or any other person is a member of or has
made contributions to or is otherwise associated with or
involved in the activities of a charitable, fraternal or service
organization.

(6) Where information specified in subsection 5 is provided
by a person to another person, the information shall be
deemed to be provided for the purpose of engaging in a
discriminatory business practice unless the person providing
the information establishes that it is provided for another
purpose.

(7) A person who performs one act referred to in section 4
shall be deemed to be engaging in a discriminatory business
practice.

Report to
Director

(8) Every person who receives a request, whether oral
or in writing, to engage in a discriminatory business practice
or to do an act that would be a contravention of subsection
2, 3, 4 or 5 of section 5 shall report the request and the
response to the request forthwith to the Director and shall
provide the Director with such other information in respect
of the request as the Director may require.

Order to
cease dis-
criminatory
business
practice

6. — (1) Where the Director has reason to believe that a
person is engaging in a discriminatory business practice,
the Director may order the person to comply with section 5
in respect of the discriminatory business practice specified in
the order.

Application
1974. c. 131

(2) Where the Director proposes to make an order under
subsection 1, subsections 2 to 7 of section 6 of The Business
Practices Act, 1974 apply with necessary modifications.

Order for

Immediate

compliance

(3) Notwithstanding subsection 2, the Director may make
an order under subsection 1 to take effect immediately
where, in his opinion, to do so is necessary for the protection
of the public or of any person and in such case subsections
2 to 5 of section 7 of The Business Practices Act, 1974 apply
with necessary modifications and, subject to subsections 3
and 4 of section 7 of that Act, the order takes effect
immediately.

(4) Notwithstanding that, under section 96 of The Ministry stay
of Consumer and Commercial Relations Act, an appeal is^fi?'^^'°'
taken from an order of the Tribunal made under subsection
3 or 4, the order takes effect immediately, but the Tribunal
may grant a stay until the disposition of the appeal.

7. — (1) Any person against whom the Director proposes ^j^s'^^'^c®
to make an order to comply with section 5 may enter into voluntary

... ri. ,. .,. , compliance

a written assurance of voluntary comphance in a form that
the Director may prescribe undertaking not to engage in the
specified discriminatory business practice after the date
thereof.

(2) Where an assurance of voluntary compliance is accepted Assurance
by the Director, the assurance has and shall be given for all order
purposes of this Act the force and effect of an order made

by the Director.

(3) An assurance of voluntary compliance may include V^^^^'
such undertakings as are acceptable to the Director and

the Director may receive a bond and collateral therefor
as security for the reimbursement of the Treasurer of
Ontario for investigation and other costs in such amount
as is satisfactory to the Director.

(4) The Director, gut^ie«^o/

[a) shall receive and act on or mediate complaints
respecting discriminatory business practices; and

{b) maintain available for pubhc inspection a record of,

(i) assurances of voluntary compliance entered
into under this Act, and

(ii) orders to cease engaging in discriminatory
business practices issued under this Act.

8. Where, upon a statement made under oath, the {?^®^^^*^*"
Director has reason to believe that a person is contravening Director
or is about to contravene any provision of this Act or an
order or assurance of voluntary compliance made or given
pursuant to this Act, the Director may by order appoint
one or more persons to make an investigation as to whether
or not such a contravention has occurred or is about to
occur and the person or persons appointed shall report the
result of the investigation to the Director and subsections
2 to 8 of section 11 of The Business Practices Act, 1974 apply i974.c.i3i
with necessary modifications.

Rl^ht to
compensa-
tion

9. — (1) A person that incurs loss or damage as a result of
an act that is a contravention of this Act has the right to
compensation for the loss or damage and to punitive or
exemplary damages from the person who committed the con-
travention.

Enforce-
ment of
right

(2) The right to compensation mentioned in subsection 1
may be enforced by action in a court of competent juris-
diction.

Disqaall-
flcation of
person
supporting
boycott

10. — (1) Every person against whom an order is made
under section 6 or 11 or who is convicted of an offence
under clause d or e oi subsection 1 of section 16 is ineligible
to enter into a contract to provide goods or service to the
Crown or any agency of the Crown for a period of five
years from the date of the making of the order or of the con-
viction, as the case may be.

Contractual
provision

(2) A provision in a contract that provides for a matter
that is a discriminatory business practice is a nullity and is
severable from the contract.

Proceed-
ings to
prohibit
continu-
ation or
repetition
of contra-
vention

1 1. — (1) Where any provision of this Act is contravened,
notwithstanding any other remedy or any penalty, the
Minister or any person who complains of injury due to the
contravention may apply to a judge of the Supreme Court
by originating motion for an order prohibiting the continuation
or repetition of the contravention or the carrying on of any
activity specified in the order that, in the opinion of the
judge, will result or is likely to result in the continuation
or repetition of the contravention by the person committing
the contravention, and the judge may make the order and it
may be enforced in the same manner as any other order or
judgment of the Supreme Court.

Variation
or recission
of order

(2) A person against whom an order has been made under
subsection 1 may apply to a judge of the Supreme Court
for an order varying or rescinding the order made under
subsection 1.

Service of
notice

12. Any notice or document required by this Act to be
served or given may be served or given personally or by
registered mail addressed to the person to whom notice is
to be given at his last known address and, where notice is
served or given by mail, the service shall be deemed to have
been made on the fifth day after the day of mailing unless
the person to whom notice is given establishes that he, acting
in good faith, through absence, accident, illness or other
cause beyond his control, did not receive the notice, or did
not receive the notice until a later date.

13. Every person employed in the administration
this Act, including any person making an inquiry, inspection
or an investigation under section 8 shall preserve secrecy
in respect of all matters that come to his knowledge in the
course of his duties, employment, inquiry, inspection or
investigation and shall not communicate any such matters
to any other person except,

(a) as may be required in connection with the adminis-
tration of this Act or any proceeding under or
pursuant to this Act;

(b) to his counsel or to the court in any proceeding
under or pursuant to this Act ;

(c) to inform the person involved of a discriminatory
business practice and of any information relevant
to the person's rights under this Act ; or

{d) with the consent of the person to whom the informa-
tion relates.

of Matters
confidential

1 4. A copy of an order or assurance of voluntary of [ji^c^or
compliance purporting to be certified by the Director is, as evidence
without proof of the office or signature of the Director,
receivable in evidence as prima facie proof of the facts stated
therein for all purposes in any action, proceeding or prosecu-
tion.

1 5. The Lieutenant Governor in Council may make Reguiationa
regulations exempting any person or class of persons from
any provision of this Act.

16. — (1) Every person who, knowingly,

{a) furnishes false information in an investigation under
this Act ;

(6) fails to comply with any order or assurance of
voluntary compliance made or entered into under
this Act ;

Offences

{d) contravenes any provision of subsection 2, 3, 4, 5 or 8
of section 5 ; or

(e) contravenes any provision of section 13,

is guilty of an offence and on summary conviction is liable
to a fine of not more than $5,000.

Corporation (2) Where a corporation is convicted of an offence under
subsection 1, the maximum penalty that may be imposed
upon the corporation is $50,000 and not as provided therein.

^^rectore (3) Where a corporation has been convicted of an offence

officers under subsection 1 or 2,

(a) each director of the corporation ; and

{b) each officer, servant or agent of the corporation who
was in whole or in part responsible for the conduct
of that part of the business of the corporation that
gave rise to the offence,

is a party to the offence unless he satisfies the court that
he did not authorize, permit or acquiesce in the offence.

DeHod*"°" (4) No proceeding under this section shall be commenced
more than two years after the time when the subject-matter
of the proceeding arose.

Commence-
ment

1 7. This Act comes into force on the day it receives Royal
Assent.

Short title | g^ fhe short title of this Act is The Discriminatory

Business Practices Act, 1977.

<-0

Si.

S)
Si.
<».

ft)

C/)

o*.

SI)
Si.

t— '

C/)

l-l

3
>

(-►

l-K

•1
0

(/)

r+'

BILL 130

1st Session, 31st Legislature, Ontario
26 Elizabeth II, 1977

An Act for granting to Her Majesty certain sums of

money for the Public Service for the fiscal year ending

the 31st day of March, 1978

The Hon. W. D. McKeough

Treasurer of Ontario and Minister of Economics and

Intergovernmental Affairs

TORONTO
Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 130 1977

An Act for granting to Her Majesty certain
sums of money for the Public Service for the
fiscal year ending the 31st day of March, 1978

Most Gracious Sovereign:

WHEREAS it appears by messages from the Honourable Preamble
Pauline M. McGibbon, Lieutenant Governor of the
Province of Ontario, and from the estimates and supple-
mentary estimates accompanying the same, that the sums
mentioned in the Schedule to this Act are required to defray
certain charges and expenses of the public service of this
Province, not otherwise provided for, for the fiscal year
ending the 31st day of March, 1978; may it therefore please
Your Majesty that it be enacted and it is hereby enacted by
the Queen's Most Excellent Majesty, by and with the advice
and consent of the Legislative Assembly of the Province of
Ontario, as follows:

1. — (1) There may be paid out of the Consolidated Revenue 'j-anted^'^
Fund a sum not exceeding in the whole $12,349,226,300 to be fiswiiyear
applied towards defraying the several charges and expenses
of the public service, not otherwise provided for, from the
1st day of April, 1977, to the 31st day of March, 1978, as
set forth in the Schedule to this Act, and, subject to sub-
section 2, such sum shall be paid and applied only in
accordance with the votes and items of the estimates and
supplementary estimates upon which the Schedule is based.

(2) Where, in the fiscal year ending the 31st day of Exception
March, 1978, powers and duties are assigned and transferred
from one minister of the Crown to another minister of the
Crown, the appropriate sums in the votes and items of the
estimates and supplementary estimates upon which the
Schedule is based that are approved to defray the charges
and expenses of the public service in the exercise and per-
formance of such powers and duties, may be assigned and
transferred from time to time as required by certificate of the
Management Board of Cabinet to the ministry administered

by the minister to whom the powers and duties are so
assigned and transferred.

Accounting 2. The due application of all moneys expended under
expenditure this Act shall be accounted for to Her Majesty.

me^t"*°^* 3. This Act comes into force on the day it receives Royal
Assent.

Short title 4. The short title of this Act is The Supply Act, 1977.

SCHEDULE

Estimates

Supple-
mentary
Estimates

Total

I I $

Office of the Lieutenant Governor. 100,000 100,000

Office of The Assembly 14,621,500 3,347.600 17,969,100

Office of the Premier 1,478,000 1,478,000

Cabinet Office 1,077,000 1.077,000

Management Board 87,095,000 87,095.000

Office of the Provincial Auditor. . . 1,956,000 1,956,000

Office of the Ombudsman 3,560.000 633,500 4,193.500

Government Services 287,053.500 287.053,500

Northern Affairs 120.628.000 5.590,000 126.218.000

Revenue 201.574,000 201.574,000

Treasury, Economics and

Intergovernmental Affairs 420,364,000 500,000 420,864,000

Justice Policy 463,000 463,000

Attorney General 131,025,700 131,025,700

Consumer and Commercial

Relations 63.660,000 63,660,000

Correctional Services 153.871 ,000 153,871 ,000

Solicitor General 146,968.000 146.968.000

Resources Development PoHcy 3.126,000 3,126,000

Agriculture and Food 165,390,000 165,390,000

Energy 14,620,000 14,620.000

Environment 267.428,000 1 ,670,000 269,098,000

Housing 382,399,000 382,399,000

Industry and Tourism 58,440,000 58.440,000

Labour 31,768,000 31,768,000

Natural Resources 224,646.000 4,000.000 228.646.000

Transportation and

Communications 1.063.144,000 9,200.000 1.072.344,000

Social Development Policy 2.214.000 2,214,000

Colleges and Universities 1,272.782.000 1.272,782,000

Community and Social Services... 1.077,198,000 3,665.500 1,080.863.500

Culture and Recreation 165.988.000 29.000.000 194.988,000

Education 1.991,007,000 102.825.000 2,093,832,000

Health 3,833.150,000 3.833.150.000

Total 12.188.794.700 160.431.600 12.349.226.300

1— 1

H m

<-»-

•I

ffi

•-1

on'

0"5

<-t-

O
<

C
•-1

o
o

rt-

£3

0
a

C/)

ft)

>«

Si.

(T)

•-1

►-1

h-^

0
->4

^ o

p 3

3'>
o

O 3^

r^ p
•-1

t— »

~J 3

00 CL

3 ?

(/) ^

^ <^

O "-1

3 ^

3 C.

O 3

^ S"
o" X

r
r

*T3 a>
C t/)

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "Bills, 1977, No.61-130"

See other formats