'^
JUL 2 3 19/0
LEGISLATIVE ASSEMBLY
OF ONTARIO
SECOND SESSION OF THE TWENTY-EIGHTH
PARLIAMENT
BILLS
AS INTRODUCED IN THE HOUSE
TOGETHER WITH
REPRINTS AND THIRD READINGS
SESSION
NOVEMBER 19th to DECEMBER 20th, 1968
FEBRUARY 4th to APRIL 3rd, 1969
APRIL 15th to JUNE 27th. 1969
and
SEPTEMBER 30th to DECEMBER 17th, 1969
^-\:J-C
INDEX
PUBLIC BILLS
A Bill No.
Age Discrimination Act, 1966 — Act to amend 157
Air Pollution Control Act, 1968-69 (Lapsed) 21
1967— Act to amend 139
Air Pollution by Motor Vehicles Act, 1968-69 (Lapsed) 26
Ambulance Act, 1968-69 143
Animals for Research — Act respecting the care and Provision of 194
Apprenticeship and Tradesmen's Qualification Act, 1964 — Act to amend . . 56
Archaeological and Historical Sites Protection Act — Act to amend (Lapsed) 149
Assessment Act, 1968-69 205
Automobile Racing — Act to Control (Lapsed) 27
B
Birth Defects Institute Act, 1968-69 (Withdrawn) 37
C
Cancer Act — Act to amend 141
Cemeteries Act — Act to amend (Lapsed) 72
Change of Name Act — Act to amend 65
Child Welfare Act, 1965— Act to amend (Lapsed) 52
— Act to amend (Lapsed) 145
—Act to amend 243
Children's Mental Health Centres Act, 1968-69 138
Collection Agencies Act, 1968-69 171
Commissioner of the Legislature Act, 1968-69 (Talked out) 7
Commissioners for taking Affidavits Act — Act to amend 61
Conservation Authorities Act, 1968 — Act to amend 89
Consumer Protection Act, 1966 — Act to amend (Lapsed) 34
— Act to amend (Lapsed) 183
— Act to amend 185
Coroners Act — Act to amend (Lapsed) 10
— Act to amend (Lapsed) 100
Corporation Securities Registration Act — Act to amend 153
Corporations Act — Act to amend 151
— Act to amend 184
Corporations Information Act — Act to amend 152
Corporations Tax Act — Act to amend 83
— Act to amend 244
County Judges Act — Act to amend 50
Credit Unions Act — Act to amend 85
— Act to amend 199
[3]
*IHI
D Bill No.
Damage by Fumes Arbitration Act — Act to amend 23
Data Surveillance Act, 1968-69 (Lapsed) 182
Day Nurseries Act, 1966 — Act to amend 134
Department of Correctional Services Act, 1968 — Act to amend (Lapsed) . 55
Department of Education Act — Act to amend (Lapsed) 209
— Act to amend (Lapsed) 213
— Act to amend 228
Department of Energy and Resources Management Act— Act to amend
(Lapsed) 211
Department of Financial and Commercial Afifairs Act, 1966 — Act to amend 170
Department of Health Act, 1968-69 97
Department of Justice — Act respecting 70
Deserted Wives' and Children's Maintenance Act^ — Act to amend 67
— Act to amend (Lapsed) 104
District Welfare Administration Boards Act, 1962-63 — Act to amend. . . 132
Division Courts Act — Act to amend 123
Dog Tax and Live Stock and Poultry Protection Act — Act to amend 98
Drainage Act, 1962-63— Act to amend. 219
E
Elected Representatives' Ethics Act, 1968-69 (Lapsed) 4
Election Act — Act to amend (Talked out) 14
— Act to amend (Lapsed) 120
— Act to amend 217
Employment Standards Act, 1968 — Act to amend (Talked out) 32
Energy Act, 1968-69 (Lapsed) 107
Evidence Act — Act to amend 1
Executive Council Act — Act to amend 237
Exploitation of Violence (Deterrent) Act, 1968-69 (Lapsed) 216
Expropriations Act, 1968-69 5
Farm Products Marketing Act — Act to amend 158
Fines and Forfeitures Act — Act to amend 71
Fish Inspection Act — Act to amend 117
Freshwater Fish Marketing Act (Ontario), 1968-69 116
Fumes from Smelters — Act to provide for the Control of (Lapsed) 40
Game and Fish Act, 1961-62 — Act to amend (Lapsed) 18
— Act to amend (Lapsed) 113
— Act to amend (Lapsed) 119
Gasoline Handling Act, 1968-69 108
General Farm Organization Act (Ontario), 1968-69 140
Government Programs Evaluation Commission Act, 1968-69 (Lapsed) 136
H Bill No.
Health Services Insurance — Act respecting 195
Hearing Aid Sales Act, 1968-69 (Lapsed) 38
Highway Improvement Act — Act to amend 229
Highway Traffic Act — Act to amend (Lapsed) 12
— Act to amend (Lapsed) 30
— Act to amend (Lapsed) 33
— Act to amend (Lapsed) 35
— Act to amend (Lapsed) 43
— Act to amend 105
— Act to amend (Lapsed) 137
— Act to amend (Lapsed) 156
— Act to amend (Lapsed) 206
— Act to amend 233
Homemakers and Nurses Services Act — Act to amend 133
Homes for the Aged and Rest Homes Act — Act to amend 144
Homes for Special Care Act, 1964 — Act to amend 93
Hospital Labour Disputes Arbitration Act, 1965 — Act to amend 90
Hospitals Tax Act — Act to repeal 80
Human Tissue Act, 1962-63 (Talked out) 57
Impaired Drivers — Act respecting (Lapsed) 29
Income Tax Act, 1961-62 — Act to amend 223
Industrial Safety Act, 1964 — Act to amend 148
Insurance Act— Act to amend (Lapsed) 39
— Act to amend (Lapsed) 82
— Act to amend 92
Judicature Act — Act to amend 69
Jurors Act — Act to amend 68
Lakehead, City of — Act to incorporate 118
Land Titles Act — Act to amend 103
Landlord and Tenant Act — Act to amend 234
Law Enforcement Compensation Act, 1967 — Act to amend 131
Legal Aid Act, 1966— Act to amend 124
Legislative Assembly Act — Act to amend 175
— Act to amend 236
Loan and Trust Corporations Act — Act to amend 86
Local Improvement Act — Act to amend 186
—Act to amend 220
M Bill No.
Matrimonial Causes Act — Act to amend 66
Mechanics' Lien Act, 1968-69 36
Medical Act — Act to amend (Lapsed) 54
Medical Services Insurance Act, 1965 — Act to amend 121
Mental Health Act, 1967— Act to amend (Lapsed) 59
Milk Act, 1965— Act to amend 17
Mining Act — Act to amend : 24
— Act to amend 112
— Act to amend (Lapsed) 191
Mining Tax Act — Act to amend Ill
Moosonee Development Area Board Act, 1966 — Act to amend 189
Mortgage Brokers Act, 1968-69 181
Mortmain and Charitable Uses Act — Act to amend 154
.Motor Vehicle Accident Claims Act, 1961-62 Act to amend 101
Motorized Snow Vehicles Act, 1968 — Act to amend (Lapsed) 160
Municipal Act — Act to amend 2
— Act to amend (Talked out) 6
— Act to amend (Lapsed) 88
— Act to amend 222
Municipal Corporations Quieting Orders Act — Act to amend 188
Municipal Franchises Act — Act to amend 232
Municipal and School Tax Credit Assistance Act, 1967 — Act to amend
(Talked out) 44
Municipality of Metropolitan Toronto Act — Act to amend (Lapsed) 165
— Act to amend 201
—Act to amend 221
Municipality of Neebing — Act respecting 172
Municipality of Shuniah — Act respecting 173
N
Nursing Homes Act, 1966 — Act to amend 95
O
Ontario College of Art Act, 1968-69 41
Ontario Energy Board Act, 1964 — Act to amend 109
Ontario Heritage Foundation Act, 1967 — Act to amend 91
Ontario Human Rights Code, 1961-62— Act to amend (Talked out) 13
— Act to amend 147
— Act to amend (Lapsed) 203
Ontario Hurricane Relief Fund Act, 1955— Act to amend 16
Ontario Municipal Board Act — Act to amend 231
Ontario Producers, Processors, Distributors and Consumers Food Council
Act, 1962-63— Act to amend 87
Ontario School Trustees' Council Act— Act to amend 225
Ontario Society for the Prevention of Cruelty to Animals Act, 1955
— Act to amend (Lapsed) 31
— Act to amend 74
Bill No.
Ontario Water Resources Commission Act — Act to amend (Talked out) . . 15
Ophthalmic Dispensers Act, 1960-61 — Act to amend (Lapsed) 20
Osgoode Hall Law School of York University — Act respecting Scholarships
for 242
Partnerships Registration Act — Act to amend 60
Pension Benefits Act, 1965 — Act to amend 76
Personal Privacy — Act to provide for the Protection of (Lapsed) 207
Pesticides Act, 1967 — Act to amend 96
—Act to amend (Lapsed) 150
Pharmacy Act— Act to amend 94
Planning Act — Act to amend (Lapsed) 114
— Act to amend 190
Police Act — Act to amend (Lapsed) 77
— Act to amend (Lapsed) 135
— Act to amend 178
Pounds Act — Act to amend (Lapsed) 28
Pregnant Mare Urine Farms Act, 1968-69 196
Prepaid Hospital and Medical Services Act — Act to amend 22
Professional Engineers Act, 1968-69 48
Provincial Courts Act, 1968— Act to amend (Lapsed) 115
Public Finance Companies' Investments Act, 1966 — Act to repeal 84
Public Health Act— ^Act to amend (Lapsed) 42
— Act to amend (Lapsed) 163
Public Parks Act — Act to amend 187
Public Schools Act — Act to amend (Lapsed) 208
— Act to amend 239
Public Service Superannuation Act — Act to amend 192
Public Utilities Act — Act to amend (Lapsed) 9
Public Vehicles Act — Act to amend 106
R
Rainmaking Equipment Act, 1968-69 (Lapsed) 167
Raising of Money on the Credit of the Consolidated Revenue Fund — Act to
authorize 168
Real Estate and Business Brokers Act — Act to amend 176
Regional Municipality of Niagara— Act to establish 174
1968-69— Act to amend 235
Regional Municipality of Ottawa-Carleton, 1968 — Act to amend 200
Registry Act — Act to amend 102
Regulations Act — Act to amend 125
Regulations — Act to provide for the Consolidation and Revision of 63
Research Animals Act, 1968-69 (Lapsed) 73
Residential Property Tax Reduction Act, 1968 — Act to amend 81
Retail Sides Tax Act, 1960-61— Act to amend 79
S Bill No.
St. Lawrence Parks Commission Act — Act to amend 99
Schools Administration Act — Act to amend 45
— Act to amend (Lapsed) 161
^Act to amend (Talked out) 162
— Act to amend (Lapsed) 164
— Act to amend (Lapsed) 166
— Act to amend (Lapsed) 202
— Act to amend (Lapsed) 204
— Act to amend (Lapsed) 212
— Act to amend (Lapsed) 214
— Act to amend (Talked out) 215
— Act to amend 241
Secondary Schools and Boards of Education Act — Act to amend 46
— Act to amend 240
Securities Act, 1966 — Act to amend (Lapsed) 49
— Act to amend (Lapsed) 53
— Act to amend (Lapsed) 58
— Act to amend 159
Senior Citizens Week — Act respecting (Talked out) 146
Separate Schools Act — Act to amend 47
— Act to amend (Talked out) 75
— Act to amend 238
Sheriffs Act — -Act to amend 126
Sonic Boom Investigation and Control Act, 1968-69 (Lapsed) 169
Statutes — Act to provide for the Consolidation and Revision of 62
Statutory Powers Judicial Review Act, 1968-69 (Lapsed) 129
Statutory Powers Procedure Act, 1968-69 (Lapsed) 130
Summary Convictions Act — Act to amend 64
Supply Act, 1968-69 245
Surrogate Courts Act — Act to amend 127
Surveyors Act, 1968-69 122
T
Teachers' Superannuation Act — Act to amend 227
Teaching Profession Act — Act to amend 224
Territorial Division Act — Act to amend 198
Tile Drainage Act — Act to amend 177
Time Act — Act to amend (Lapsed) 142
Tobacco Tax Act, 1965— Act to amend 78
Toronto Hosi)itals Steam Corporation^ — Act to incorporate 230
Toronto Stock Exchange — Act respecting 1 10
Trade Schools Regulation Act — Act to amend 226
Trustee Act — Act to amend 128
U
Universities — Act to provide for the (ioverning Bodies of (Talked out) ... 19
Universities Commission — Act to establish (Lapsed) 11
Upholstered and Stuffed Articles Act, 1968— Act to amend 193
Used Car Dealers Act, 1968-69 180
9
V Bill No.
Veterinarians Act — Act to amend 197
Voluntary Emergency First Aid and Medical Services Act, 1968-69 (Lapsed) 8
Voluntary Emergency Medical Services Act, 1968-69 (Lapsed) 3
Voters' Lists Act — Act to amend 218
W
Wolf and Bear Bounty Act — Act to amend 179
Workmen's Compensation Act — Act to amend (Talked out) 51
— Act to amend 155
PRIVATE BILLS
B
Banks Alignment Limited — Act respecting Pr30
Belleville, City of— Act respecting Prl9
Bobier Convalescent Home — Act respecting Pr7
Burlington, Town of^Act respecting Pr5
C
Carleton University — Act respecting Pr25
Co-ordinated Arts Services — Act respecting Pr27
Cornwall, City of — Act respecting Prl 1
E
East York, Borough of — Act respecting Prl6
H
Hamilton, City of — Act respecting Pr21
K
Kitchener, City of — Act respecting Prl 3
L
Lindsay, Town of — Act respecting Pr8
London, City of — Act respecting Pr3
M
Maimonides Schools for Jewish Studies — Act respecting Pr23
March Diamond Drilling — Act respecting Pr9
Mississauga, Town of — Act respecting Pr34
Mitchell, Town of — Act respecting Prl 5
10
Mc Bill No.
McMaster University — Act respecting Pr32
N
Niagara Falls, City of — Act respecting Pr6
O
Ontario Co-operative Credit Society — Act respecting Pr2
Ontario, County of — Act respecting Prl4
Ottawa, City of — Act respecting (Not reported) Prl
Ottawa, City of — Act respecting (Not reported) Pr36
P
Parry Sound, Town of — Act respecting PrlO
Peel, County of — Act respecting Prl7
Peterborough, City of — Act respecting Pr29
S
Sarnia, City of — Act respecting Pr28
Scarborough, Borough of — Act respecting (Withdrawn) Pr4
T
Teck, Township of — Act respecting Pr22
Tillbury Public School Board — ^Act respecting Pr26
Toronto, City of — Act respecting Prl 2
Toronto, City of — Act respecting Pr20
W
Welland, County of — Act respecting Pr31
Whitby, Town of — Act respecting (Not reported) Pr24
Windsor, The Board of Education for the City of — Act respecting Prl8
Windsor, City of — Act respecting Pr33
Windsor, University of — Act respecting Pr35
BILL Prl
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of Ottawa
Mr. Lawrence (Carleton East)
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl 1968-69
An Act respecting the City of Ottawa
WHEREAS The Corporation of the City of Ottawa by P'-^^'^^ie
its petition has prayed for special legislation in respect
of the matter hereinafter set forth ; and whereas it is expedient
to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. By-law No. 319-68 of The Corporation of the City ofBy-iaw
. I < 1 r /~v i_ connrmed
Ottawa, passed by the Corporation on the 21st day of October,
1968, being 'A by-law of The Corporation of the City of
Ottawa establishing a rental reference board to determine
fair and reasonable rentals for housing accommodation", set
forth as the Schedule hereto, is hereby validated and confirmed
and declared to be legal,
2. This Act comes into force on the day it receives Royal Sent"'®"''*''
Assent.
3. This Act may be cited as The City of Ottawa Act, 1968-69. s^ort title
Prl
SCHEDULE
By-law No. 319-68
A By-law of The Corporation of the City of Ottawa estabHshing a rental
reference board to determine fair and reasonable rentals for housing
accommodation.
Whereas it is expedient to enact as hereinafter set forth;
Therefore the Council of The Corporation of the City of Ottawa
enacts as follows:
1. In this by-law,
(a) "Board" means the Rental Reference Board;
(b) "housing accommodation" means a building or structure or part
of a building or structure occupied or capable of being occupied,
in whole or in part, for the purposes of human habitation, (and
for the purpose of this definition only, "tenant" means either one
person or two or more persons jointly entitled to the same rights
of occupancy and use of any housing accommodation) but
housing accommodation does not include any room or rooms or
suite of rooms in an inn or standard hotel in which sleeping or
living accommodation is furnished to the travelling public with
or without meals or any structure or part of a structure used for
combined business and dwelling purposes under a lease that is
made to one tenant or to two or more tenants jointly and the
rental payable under such lease has not been apportioned in
respect of that part used for business purposes and that part
used as a place of dwelling;
(c) "landlord" means a person of whom another holds any right to
possession of any housing accommodation and the heirs, execu-
tors, administrators and assigns of such person and, without
restricting or limiting the generality of the foregoing, includes a
person who lets or sublets any housing accommodation and a
person entitled to possession of any housing accommodation
under any judgment or order of a court or under any statute
and any mortgagee or chargee in possession;
{d) "lease" means any enforceable contract for the letting or sub-
letting of any housing accommodation whether such contract
is made orally or in writing;
(e) "offence" means any contravention of or failure to observe the
provisions of this by-law or any order;
(/) "order" means and includes any general or specific order, require-
ment, instruction, prescription, prohibition, restriction or limi-
tation heretofore or hereafter made or issued in writing by or on
behalf of or under authority of the Board in pursuance of any
power conferred by or under this by-law or any other statute;
(g) "rental" means any payment or consideration, including any
bonus or gratuity to or for the benefit of the landlord, for the
possession of any housing accommodation by the day, week,
month, year or other period of time;
(A) "tenant" means a person who holds possession of any housing
accommodation under any lease.
2. This by-law shall apply to all housing accommodation situate
within the limits of the City of Ottawa other than,
Prl
(a) any living or sleeping room in an educational, religious, philan-
thropic, charitable, scientific, artistic, professional, social or
sporting institution, or in a hospital or convalescent or nursing
home or in a clubhouse;
(b) any housing accommodation situate upon or used in connection
with any land used solely for the purpose of husbandry, agri-
culture or horticulture;
(c) any housing accommodation owned or administered by,
(i) Her Majesty in right of Canada or in right of the Province
of Ontario,
(ii) the Corporation,
(iii) Central Mortgage and Housing Corporation,
(iv) any board or commission established under any Act of the
Province of Ontario.
3. The Court of Revision is constituted a rental authority for the
City of Ottawa and shall be known as the Rental Reference Board.
4. The Chairman of the Court of Revision shall be the Chairman of
the Board and two members of the Board shall form a quorum for the
hearing of applications.
5. The Board shall hear, consider and expeditiously dispose of all
applications made to it respecting rentals for housing accommodation and
shall determine what is a fair and reasonable rental and shall fix the
rental to be charged.
6. — (1) Every application to the Board shall be in writing on the form
prescribed in Appendix "A" annexed to this by-law and shall be filed with
the Secretary of the Board.
(2) Every application shall be accompanied by a filing fee of $5.00
which the Secretary of the Board shall forthwith deposit with the City
Treasurer.
(3) No application shall be considered by the Board unless and until
the filing fee of $5.00 shall have been received by the City Treasurer.
(4) The decision of the Board made pursuant to any application under
this by-law shall be final and conclusive and binding on all persons con-
cerned.
7. The Board may adopt such procedure as it deems proper and in the
execution of its powers and duties shall have all the powers that may be
conferred upon a commissioner appointed under The Public Inquiries Act,
but no expense shall be incurred without the written authorization of the
Corporation.
8. — (1) Without limiting the generality of section 7, the Board shall
have power,
(o) to investigate, on complaint, the rental at any time charged or
demanded by any person for housing accommodation, the
nature and extent of any housing accommodation and any change
therein or any alleged or apparent offence against this by-law,
order or requirement; and for the purpose of any such investiga-
tion, the Board shall have all the powers of a commissioner
appointed under the provisions of The Inquiries Act;
(b) to enter any premises, to inspect and examine the same and any
or all books, records and documents in the possession or control
Prl
4
of any landlord or tenant or their agent, and to require any such
person to produce such books, records and documents at any
place before it or before any person appointed by it to investigate
and to take possession of any or all of such books, records and
documents;
(c) to require any person to furnish, in such form and within such
time as the Board may prescribe, such information respecting
housing accommodation and rentals as is specified in the require-
ment;
(d) to make public its findings or report in the case of any investiga-
tion or to withhold such publication if it considers the public
interest would be better served by such withholding;
(e) to require any person to refund to any other person any amount
received or collected in excess of any rental fixed by the Board or
by or under the provisions of any order made by the Board; and,
in any case in which any person has collected or received or
collects or receives from any tenant any rental for any housing
accommodation in contravention of an order fixing rental for
that housing accommodation, the Board shall have power to
require such person to refund to such tenant any difference
between the rental fixed by the Board and the unauthorized
increased rental;
(/) in its discretion, grant or refuse in whole or in part any application
made to it.
(2) No costs shall be awarded any party on any application under
this by-law but the Board may order an unsuccessful respondent to pay
to the applicant the amount of the filing fee paid by the latter.
9. A secretary of the Board shall be appointed who shall,
(a) receive applications to the Board ;
(b) make all necessary arrangements for the hearing of applications
by the Board;
(c) notify all interested parties of applications received and of the
date of hearing appointed by the Board;
(d) record and notify all parties to every application of the decision
of the Board;
(e) inform the City Solicitor of all contraventions of this by-law or
of any order of the Board, which comes to the attention of the
secretary;
(/) perform such other duties as may from time to time be assigned
to the secretary by by-laws of the Corporation or by direction
of the Board.
10-. — (1) Any notice or other document that is required or permitted
to be given by or to any person may be given by or to the husband, wife,
widow, widower, personal representative or agent of such person.
(2) Any application or other document that is required or permitted
to be made, filed or mailed by any person, may be made, filed or mailed
by the husband, wife, widow, widower, personal representative or agent
of such person.
J^ j^^'^''°"^' occupation of any housing accommodation by the wife,
husband, widow or widower of the tenant of the accommodation shall be
deemed to be personal occupation by the tenant.
11. All leases of housing accommodation to which this by-law anplies
and made after the 1st day of May, 1968, shall be deemed to have been
amended to such extent as may be necessary to give efTect to the provisions
of this by-law.
Prl
12. The members of the Board shall be paid such honoraria and the
secretary shall be paid such salary as may from time to time be approved
by the Council.
13. — (1) Every person who contravenes or fails to observe any
provision of this by-law or any order of the Board shall be guilty of an
offence and on summary conviction shall be liable to a penalty of not
more than $1,000.00 or to imprisonment for a term of not more than two
years, or to both fine and imprisonment, and every director or officer of a
corporation who assents to or acquiesces in any such offence personally
and cumulatively with the corporation.
(2) In any proceeding one or more charges may be included in an
information or complaint and a charge may include one or more offences
against any of the provisions of this by-law or any order, and all such
charges may be tried concurrently and one conviction for any or all such
offences may be made and may provide a separate penalty for each oflfence.
Given under the corporate seal of the City of Ottawa this 21st day
of October, 1968.
(Sgd.) A. T. Hastey, (Sgd.) Don B. Reid,
City Clerk. Mayor.
Appendix "A"
THE CORPORATION OF THE CITY OF OTTAWA
APPLICATION TO RENTAL REFERENCE BOARD
Date
I
-U. - (name of applicant)
(address of applicant)
hereby apply to the Rental Board of the City of Ottawa
pursuant to section 5 of By-law Number of The
Corporation of the City of Ottawa for an order,
(State briefly
nature of relief
applied for)
(State briefly on the ground that
ground on which
application is
based. Reverse
side of form may
be used if space
insufficient)
Attached hereto is filing fee of $5.00 (cash or certified
cheque payable to The Corporation of the City of Ottawa)
required by By-law Number
(signature of applicant)
Note: This application should be mailed or delivered to
the Secretary, Rental Reference Board, Ottawa, Ontario.
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BILL Pr2
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting Ontario Co-operative Credit Society
Mr. Root
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr2 1968-69
An Act respecting
Ontario Co-operative Credit Society
WHEREAS Ontario Co-operative Credit Society by its ^''^^^^^^
petition has represented that it was incorporated by
The Ontario Co-operative Credit Society Act, 1949, with ani949, c. 133
authorized capital of $1,000,000 divided into 100,000 shares
having a par value of $10 each; that by The Ontario Co-l^^'i^'
operative Credit Society Act, 1961-62 the authorized capital
was increased to $3,000,000 by the creation of an additional
200,000 shares having a par value of $10 each; and whereas
the petitioner has prayed for special legislation increasing its
authorized capital to $10,000,000; and whereas it is expedient
to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The authorized capital of Ontario Co-operative Credit ^a^pitaf'^^^
Society is increased from $3,000,000 to $10,000,000 by the "^^^r^^^^^
creation of 700,000 shares having a par value of $10 each
ranking in all respects pari passu with the existing 300,000
shares.
2. This Act comes into force on the day it receives Royal menV"^"^*^^
Assent.
3. This Act may be cited as The Ontario Co-operative ^^*^''* *^*'®
Credit Society Act, 1968-69.
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BILL Pr2
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting Ontario Co-operative Credit Society
Mr. Root
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr2 1968-69
An Act respecting
Ontario Co-operative Credit Society
WHEREAS Ontario Co-operative Credit Society by its ^''^ambie
petition has represented that it was incorporated by
The Ontario Co-operative Credit Society Act, 1949, with an i949, c. 133
authorized capital of $1,000,000 divided into 100,000 shares
having a par value of $10 each; that by The Ontario Co-l^\\'2^'
operative Credit Society Act, 1961-62 the authorized capital
was increased to $3,000,000 by the creation of an additional
200,000 shares having a par value of $10 each; and whereas
the petitioner has prayed for special legislation increasing its
authorized capital to $10,000,000; and whereas it is expedient
to grant the prayer. of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The authorized capital of Ontario Co-operative Credit ."^a'lAtaf^^®**
Society is increased from $3,000,000 to $10,000,000 by the i"'^'"^^^^'^
creation of 700,000 shares having a par value of $10 each
ranking in all respects pari passu with the existing 300,000
shares.
2. This Act comes into force on the day it receives Royal Se^t"'®'^''®'
Assent.
3. This Act may be cited as The Ontario Co-operative ^^°^* *^*^®
Credit Society Act, 1968-69.
Pr2
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BILL Pr3
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of London
Mr. Olde
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr3 1968-69
An Act respecting the City of London
WHEREAS The Corporation of the City of London, by Preamble
its petition, has prayed for special legislation in respect
ot the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) Section 1 of An Act respecting the General Hospital ^^^'^' ^- 58,
of the City of London, Statutes of Ontario, 1887, Chapter 58, (1954, c. iis,
as re-enacted by section 5 of The City of London Act, jfP54, re-enacted
is repealed and the following substituted therefor:
(1) The general management, operation, equipment and ^^^jj^^^gf "
control of the hospitals of the City of London, known hospitals
as Victoria Hospital, London, and War Memorial
Children's Hospital of the City of London, including
residences and other buildings ancillary thereto, are
vested in and shall be exercised by a Board called
The Board of Hospital Trustees of the City of
London.
(2) The Board is authorized and empowered to alter, ^jOJ^^tg^u^c- ^j.
repair, reconstruct and construct buildings, works buildings
and equipment upon the lands acquired by or in the
name of The Corporation of the City of London
for the purposes of the said hospitals, residences and
other buildings ancillary thereto and no approval
of the Corporation shall be required therefor except
where funds are supplied by the Corporation for a
specific purpose.
(3) The Board is authorized and empowered to demolish if^buiidVngs
any buildings or works or parts thereof upon the
said lands when required to provide for repair,
alterations or reconstruction thereof or for new
construction.
Pr3
to^ bl^* "°* (^) Nothing herein contained shall authorize or empower
pledged the Board to pledge the credit of The Corporation
of the City of London.
^tc"'^^^' (5) The Board is empowered to enact by-laws and
R.s.o. I960, regulations subject to The Public Hospitals Act and
not inconsistent with this Act for the regulation and
organization of the Board and for the management,
operation and control of the said hospitals and the
use thereof, and to which last-mentioned by-laws
and regulations all persons making use of the said
hospitals, or either of them, shall conform.
1887, c. 58, ^2) Section 2 of the said Act, as re-enacted by subsection 1
s^4^sub8^i) '^^ section 4 of l^he City of London Act, 1938, is repealed and the
re-enacted ' following substituted therefor :
^ogsut^tion 2.— (1) The Board shall be a body corporate and
politic and shall be composed of eight members and
such additional members as are required under the
regulations made under The Public Hospitals Act,
and of the eight members,
(a) one member shall be the Mayor of the City of
London, ex officio;
(b) three members shall be appointed as follows,
(i) one member by the county council of
the County of Middlesex, to be ap-
pointed annually at the last council
meeting in each year,
(ii) one member by the Lieutenant Gover-
nor in Council, to hold office during
his pleasure, and such member shall
be a ratepayer of the City of London,
and
(iii) one member by the trustees of the
estates of the late Dr. Harry Meek and
Mrs. Mary E. Meek, to hold office
during their pleasure;
(c) one member shall be the chairman for the
time being of the Advisory Council of War
Memorial Children's Hospital, ex officio, or a
member of the said Advisory Council desig-
nated by it before the first meeting of the
Board in each year, such member to be
approved by resolution of the Board and to
hold office for that year; and
Pr3
{d) three members shall be elected by the muni-
cipal electors of the City of London at the
municipal elections.
(2) The provisions of The Municipal Act respecting ^lectjon^by
nomination, qualification, election, unseating, electors
grounds of disqualification and otherwise of mayors ^■249' ■'^^^°'
shall apply to the election of the three elected
members.
(3) Section 3 of the said Act, as amended by subsection 2 ^^l'^- ^- ^8,
of section 4 of The City of London Act, 1938 and subsection 1 repealed
of section 4 of The City of London Act, 1948, is repealed.
(4) Clause a of section 5 of the said Act, as re-enacted by l^%l- g 5
subsection 2 of section 4 of The City of London Act, 1948, is (i^^s, c. 114,
«/•*«• •• 11 /• "' *> SUDS. ^) t
repealed and the followmg substituted therefor: ci. a,
^ re-enacted
(a) If the vacancy is that of a member appointed by the
county council of the County of Middlesex, a
member appointed by the trustees of the estates of
the late Dr. Harry Meek and Mrs. Mary E. Meek,
or the representative of the Advisory Council of War
Memorial Children's Hospital, the Board shall, by
notice in writing forwarded by registered post
addressed to the authority in respect of whose
member the vacancy occurs, notify such authority
of the vacancy and if the authority does not within
thirty days notify the Board of the appointment of a
member to fill the vacancy, the Board shall appoint
a person to fill such vacancy.
(5) Section 6 of the said Act is repealed and the following i8||' ^ g
substituted therefor: re-enacted
6.— (1) The chairman of the Board shall call the first t^^^f^^'
meeting of the Board in each year before the 22nd Board
day of January, having first given notice in writing
of the time and place of such meeting to each
member of the Board at least seven days prior to the
date of such meeting and at such meeting board
members shall be appointed as chairman and vice-
chairman, respectively, for the current year and a
secretary shall also be appointed who may but is not
required to be a board member.
(2) The vice-chairman shall act when the chairman isi^e"^
absent or unable to act and the Board may appoint
an acting secretary when the secretary is absent or
unable to act.
Pr3
1887,
e. 58, 8. 7,
subss. 1, 3,
re-enacted
Meetings
(6) Subsections 1 and 3 of section 7 of the said Act are
repealed and the following substituted therefor:
(1) The Board shall meet at least monthly except during
July and August in each year and at such other times
as the Board deems proper.
Quorum
(3) No business shall be transacted at any special or
general meeting unless at least five members of the
Board are present.
1887,
c. 58, 8. 8,
re-enacted
(7) Section 8 of the said Act is repealed and the following
substituted therefor:
Persons
disqualified
No member of the Board as constituted by this Act
shall be a medical practitioner in actual practice or,
except in the case of the mayor or the person desig-
nated to act in his place, a member of the city
council or an officer or servant in the employment of
the said council or of the Board.
1887,
o. 58, 8. 10,
amended
(8) Section 10 of the said Act is amended by striking out
''The Consolidated Municipal Act, 1883'' in the fifth and sixth
lines and inserting in lieu thereof ''The Municipal Act", so
that the section shall read as follows:
Powers of
trustees to
revert to
city council
on passage
of a by-law
for that
purpose
R.S.O. 1960,
c. 249
10. In case the municipal council of the corporation of
the said city of London shall pass a by-law declaring
it expedient that the powers conferred by this Act
shall cease, and such by-law shall receive the assent
of the municipal electors of the said city of London
in manner provided by The Municipal Act, and
amendments thereto, such powers shall from the
time named for that purpose in the by-law cease
and be at an end, and the same shall revert to the
said municipal council.
0.^68, 8. 11. (9) Section 11 of the said Act is repealed and the following
re-enacted substituted therefor:
Rights of
property
not affected
Interim
member
11. Nothing in this Act shall be deemed to transfer to
or vest in the Board or the Province of Ontario or
The Corporation of the County of Middlesex any
right of ownership to or in the said hospitals.
2. The chairman for the time being of the Advisory
Council of War Memorial Children's Hospital shall be a
member of The Board of Hospital Trustees of the City of
Pr3
London from the date this section comes into force until such
time as the Board is reconstituted under section 2 oi An Act
respecting the General Hospital of the City of London, Statutes
of Ontario, 1887, Chapter 58, as re-enacted by subsection 2
of section 1 of this Act.
3. — (1) This Act, except subsection 2 of section 1, comes ^°^^"^®"°®-
into force on the day it receives Royal Assent.
(2) Subsection 2 of section 1 comes into force on the 1st day ^**®"^
of January, 1970.
3. This Act may be cited as The City of London ^c^s^o'"*""^
1968-69.
Pr3
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BILL Pr3
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of London
Mr. Olde
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr3 1968-69
An Act respecting the City of London
WHEREAS The Corporation of the City of London, byP'^«»'»bie
its petition, has prayed for special legislation in respect
ot the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) Section 1 of An Act respecting the General Hospital ^^^^ > c 58,
of the City of London, Statutes of Ontario, 1887, Chapter 58, (1954. c. H5,
as re-enacted by section 5 of The City of London Act, 1 954, rk-enacted
is repealed and the following substituted therefor:
(1) The general management, operation, equipment and ^^^^^^.^g^-
control of the hospitals of the City of London, known hospitals
as Victoria Hospital, London, and War Memorial
Children's Hospital of the City of London, including
residences and other buildings ancillary thereto, are
vested in and shall be exercised by a Board called
The Board of Hospital Trustees of the City of
London.
(2) The Board is authorized and empx)wered to alter, ^o^^tni^c- ^^
repair, reconstruct and construct buildings, works buildings'
and equipment upon the lands acquired by or in the
name of The Corporation of the City of London
for the purposes of the said hospitals, residences and
other buildings ancillary thereto and no approval
of the Corporation shall be required therefor except
where funds are supplied by the Corporation for a
specific purpose.
(3) The Board is authorized and empowered to demolish Jf^bindi'ngs
any buildings or works or parts thereof upon the
said lands when required to provide for repair,
alterations or reconstruction thereof or for new
construction.
Pr3
tcf be* ^°^ (^) Nothing herein contained shall authorize or empower
Pied^e^ the Board to pledge the credit of The Corporation
of the City of London.
?tc'^*^^' (5) The Board is empowered to enact by-laws and
R-'l^o- 1960. regulations subject to The Public Hospitals Act and
not inconsistent with this Act for the regulation and
organization of the Board and for the management,
operation and control of the said hospitals and the
use thereof, and to which last-mentioned by-laws
and regulations all persons making use of the said
hospitals, or either of them, shall conform.
1887, c. 58. (2) Section 2 of the said Act, as re-enacted by subsection 1
i^4?lubs.^i). °f section 4 of The City of London Act, 1938, is repealed and the
re-enacted * following substituted therefor :
ofToard"°'' 2.— (1) The Board shall be a body corporate and
politic and shall be composed of eight members and
such additional members as are required under the
regulations made under The Public Hospitals Act,
and of the eight members,
(a) one member shall be the Mayor of the City of
London, ex officio',
(b) three members shall be appointed as follows,
(i) one member by the county council of
the County of Middlesex, to be ap-
pointed annually at the last council
meeting in each year,
(ii) one member by the Lieutenant Gover-
nor in Council, to hold office during
his pleasure, and such member shall
be a ratepayer of the City of London,
and
(iii) one member by the trustees of the
estates of the late Dr. Harry Meek and
Mrs. Mary E. Meek, to hold office
during their pleasure;
(c) one member shall be the chairman for the
time being of the Advisory Council of War
Memorial Children's Hospital, ex officio, or a
member of the said Advisory Council desig-
nated by it before the first meeting of the
Board in each year, such member to be
approved by resolution of the Board and to
hold office for that year; and
Pr3
(d) three members shall be elected by the muni-
cipal electors of the City of London at the
municipal elections.
(2) The provisions of The Municipal Act respecting ^^^^^^^9^ by
nomination, qualification, election, unseating, electors
grounds of disqualification and otherwise of mayors c. '249 ' ^ ^^'
shall apply to the election of the three elected
members.
(3) Section 3 of the said Act, as amended by subsection 2 ^*'|'^' °- ^^•
of section 4 of The City of London Act, 1938 and subsection 1 repealed
of section 4 of The City of London Act, 1948, is repealed.
(4) Clause a of section 5 of the said Act, as re-enacted by ^^|^' ^ g
subsection 2 of section 4 of The City of London Act, 1948, is(i94|j^°- ii*-
repealed and the following substituted therefor: ci. a,
re-enacted
(a) If the vacancy is that of a member appointed by the
county council of the County of Middlesex, a
member appointed by the trustees of the estates of
the late Dr. Harry Meek and Mrs. Mary E. Meek,
or the representative of the Advisory Council of War
Memorial Children's Hospital, the Board shall, by
notice in writing forwarded by registered post
addressed to the authority in respect of whose
member the vacancy occurs, notify such authority
of the vacancy and if the authority does not within
thirty days notify the Board of the appointment of a
member to fill the vacancy, the Board shall appoint
a person to fill such vacancy.
(5) Section 6 of the said Act is repealed and the following ^^l^- ^ g
substituted therefor: re-enacted
6.— (1) The chairman of the Board shall call the first fJon^Jf''*-
meeting of the Board in each year before the 22nd Board
day of January, having first given notice in writing
of the time and place of such meeting to each
member of the Board at least seven days prior to the
date of such meeting and at such meeting board
members shall be appointed as chairman and vice-
chairman, respectively, for the current year and a
secretary shall also be appointed who may but is not
required to be a board member.
(2) The vice-chairman shall act when the chairman is^^®"^
absent or unable to act and the Board may appoint
an acting secretary when the secretary is absent or
unable to act.
Pr3
1887,
c. 58, 8. 7,
subss. 1, 3,
re-enacted
Meetings
(6) Subsections 1 and 3 of section 7 of the said Act are
repealed and the following substituted therefor:
(1) The Board shall meet at least monthly except during
July and August in each year and at such other times
as the Board deems proper.
Quorum
(3) No business shall be transacted at any special or
general meeting unless at least five members of the
Board are present.
1887,
c. 58, S. 8,
re-enacted
(7) Section 8 of the said Act is repealed and the following
substituted therefor:
Persons
disqualified
R.S.O. 1960.
c. 322
8. Subject to The Public Hospitals Act and the regula-
tions thereunder, no member of the Board as con-
stituted by this Act shall be a medical practitioner
in actual practice or, except in the case of the mayor
or the person designated to act in his place, a member
of the city council or an officer or servant in the
employment of the said council or of the Board.
1887,
c. 58, s. 10,
amended
(8) Section 10 of the said Act is amended by striking out
''The Consolidated Municipal Act, 1883" in the fifth and sixth
lines and inserting in lieu thereof "The Municipal Act'\ so
that the section shall read as follows :
Powers of
trustees to
revert to
city council
on passage
of a by-law
for that
purpose
R.S.O. 1960,
c. 249
10. In case the municipal council of the corporation of
the said city of London shall pass a by-law declaring
it expedient that the powers conferred by this Act
shall cease, and such by-law shall receive the assent
of the municipal electors of the said city of London
in manner provided by The Municipal Act, and
amendments thereto, such powers shall from the
time named for that purpose in the by-law cease
and be at an end, and the same shall revert to the
said municipal council.
1887,
c. 58, 8. 11,
re-enacted
(9) Section 11 of the said Act is repealed and the following
substituted therefor:
Rights of
property
not affected
Interim
member
11. Nothing in this Act shall be deemed to transfer to
or vest in the Board or the Province of Ontario or
The Corporation of the County of Middlesex any
right of ownership to or in the said hospitals.
2. The chairman for the time being of the Advisory
Council of War Memorial Children's Hospital shall be a
member of The Board of Hospital Trustees of the City of
Pr3
London from the date this section comes into force until such
time as the Board is reconstituted under section 2 oi An Act
respecting the General Hospital of the City of London, Statutes
of Ontario, 1887, Chapter 58, as re-enacted by subsection 2
of section 1 of this Act and the members of the Board who are
in office when this section comes into force shall remain in
office until the Board is so reconstituted.
3. This Act comes into force on the day it receives Royal ^°^J^®"°®"
Assent. "^jf
4. This Act may be cited as The City of London ^c/, ^^°'"* ""®
1968-69.
Pr3
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BILL Pr3
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of London
Mr. McNeil
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr3 1968-69
An Act respecting the City of London
WHEREAS The Corporation of the City of London, by Preamble
its petition, has prayed for special legislation in respect
ot the matters hereinafter set forth ; and whereas it is expedient
to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) Section 1 of An Act respecting the General Hospital ^^^'^ • c- 58,
of the City of London, Statutes of Ontario, 1887, Chapter 58, (1954, c. iis.
as re-enacted by section 5 of The City of London Act, iP54, re-enacted
is repealed and the following substituted therefor :
(1) The general management, operation, equipment and^^if^^gf"
control of the hospitals of the City of London, known hospitals
as Victoria Hospital, London, and War Memorial
Children's Hospital of the City of London, including
residences and other buildings ancillary thereto, are
vested in and shall be exercised by a Board called
The Board of Hospital Trustees of the City of
London.
(2) The Board is authorized and empowered to alter, ^°^^*J"^^°" ^j.
repair, reconstruct and construct buildings, works t>uiiding8
and equipment upon the lands acquired by or in the
name of The Corporation of the City of London
for the purposes of the said hospitals, residences and
other buildings ancillary thereto and no approval
of the Corporation shall be required therefor except
where funds are supplied by the Corporation for a
specific purpose.
(3) The Board is authorized and empowered to demolish ?f®buiidVngs
any buildings or works or parts thereof upon the
said lands when required to provide for repair,
alterations or reconstruction thereof or for new
construction.
Pr3
2
Credit not (4) Nothing herein contained shall authorize or empower
pledged the Board to pledge the credit of The Corporation
of the City of London.
By-laws, ^5^ ^he Board is empowered to enact by-laws and
R.s.o. I960, regulations subject to The Public Hospitals Act and
°' not inconsistent with this Act for the regulation and
organization of the Board and for the management,
operation and control of the said hospitals and the
use thereof, and to which last-mentioned by-laws
and regulations all persons making use of the said
hospitals, or either of them, shall conform.
1887. c. 58, (2) Section 2 of the said Act, as re-enacted by subsection 1
s^t^lubs^i) ^^ section 4 of The City of London Act, 1938, is repealed and the
re-enacted ' following substituted therefor :
?f°Boird"°° ^- — (^) ^^^ Board shall be a body corporate and
politic and shall be composed of eight members and
such additional members as are required under the
regulations made under The Public Hospitals Act,
and of the eight members,
(a) one member shall be the Mayor of the City of
London, ex officio;
(b) three members shall be appointed as follows,
(i) one member by the county council of
the County of Middlesex, to be ap-
pointed annually at the last council
meeting in each year,
(ii) one member by the Lieutenant Gover-
nor in Council, to hold office during
his pleasure, and such member shall
be a ratepayer of the City of London,
and
(iii) one member by the trustees of the
estates of the late Dr. Harry Meek and
Mrs. Mary E. Meek, to hold office
during their pleasure;
(c) one member shall be the chairman for the
time being of the Advisory Council of War
Memorial Children's Hospital, ex officio, or a
member of the said Advisory Council desig-
nated by it before the first meeting of the
Board in each year, such member to be
approved by resolution of the Board and to
hold office for that year; and
Pr3
(d) three members shall be elected by the muni-
cipal electors of the City of London at the
municipal elections.
(2) The provisions of The Municipal Act respecting ^i®°|i9^^J^y
nomination, qualification, election, unseating, electors
grounds of disqualification and otherwise of mayors ^■249' ^^^^'
shall apply to the election of the three elected
members.
(3) Section 3 of the said Act, as amended by subsection 2 g^l^' °- ^^'
of section 4 of The City of London Act, 1938 and subsection 1 repealed
of section 4 of The City of London Act, 1948, is repealed.
(4) Clause a of section 5 of the said Act, as re-enacted by^^||' ^ g
subsection 2 of section 4 of The City of London Act, 1948, is (1948, o. ii4,
repealed and the following substituted therefor : ci. a,
re-enacted
(a) If the vacancy is that of a member appointed by the
county council of the County of Middlesex, a
member appointed by the trustees of the estates of
the late Dr. Harry Meek and Mrs. Mary E. Meek,
or the representative of the Advisory Council of War
Memorial Children's Hospital, the Board shall, by
notice in writing forwarded by registered post
addressed to the authority in respect of whose
member the vacancy occurs, notify such authority
of the vacancy and if the authority does not within
thirty days notify the Board of the appointment of a
member to fill the vacancy, the Board shall appoint
a person to fill such vacancy.
(5) Section 6 of the said Act is repealed and the following J^||> ^ g
substituted therefor: re-enacted
6.— (1) The chairman of the Board shall call the first S^^^f*'
meeting of the Board in each year before the 22nd ^^^'"'^
day of January, having first given notice in writing
of the time and place of such meeting to each
member of the Board at least seven days prior to the
date of such meeting and at such meeting board
members shall be appointed as chairman and vice-
chairman, respectively, for the current year and a
secretary shall also be appointed who may but is not
required to be a board member.
(2) The vice-chairman shall act when the chairman isi^^®"^
absent or unable to act and the Board may appoint
an acting secretary when the secretary is absent or
unable to act.
Pr3
1887,
c. 58. s. 7,
subss. 1, 3,
re-enacted
Meetings
(6) Subsections 1 and 3 of section 7 of the said Act are
repealed and the following substituted therefor:
(1) The Board shall meet at least monthly except during
July and August in each year and at such other times
as the Board deems proper.
Quorum
(3) No business shall be transacted at any special or
general meeting unless at least five members of the
Board are present.
1887,
c. 58, 8. 8,
re-enacted
(7) Section 8 of the said Act is repealed and the following
substituted therefor:
Persons
disqualifled
R.S.O. 1960,
c. 322
Subject to The Public Hospitals Act and the regula-
tions thereunder, no member of the Board as con-
stituted by this Act shall be a medical practitioner
in actual practice or, except in the case of the mayor
or the person designated to act in his place, a member
of the city council or an officer or servant in the
employment of the said council or of the Board.
1887,
0. 58. s. 10,
amended
(8) Section 10 of the said Act is amended by striking out
^'The Consolidated Municipal Act, 1883" in the fifth and sixth
lines and inserting in lieu thereof 'TAe Municipal Act", so
that the section shall read as follows:
Powers of
trustees to
revert to
city council
on passage
of a by-law
for that
purpose
R.S.O. 1960.
c. 249
10. In case the municipal council of the corporation of
the said city of London shall pass a by-law declaring
it expedient that the powers conferred by this Act
shall cease, and such by-law shall receive the assent
of the municipal electors of the said city of London
in manner provided by The Municipal Act, and
amendments thereto, such powers shall from the
time named for that purpose in the by-law cease
and be at an end, and the same shall revert to the
said municipal council.
1887,
c. 58. s. 11.
re-enacted
(9) Section 11 of the said Act is repealed and the following
substituted therefor:
Rights of
property
not affected
11. Nothing in this Act shall be deemed to transfer to
or vest in the Board or the Province of Ontario or
The Corporation of the County of Middlesex any
right of ownership to or in the said hospitals.
Interim
member
2. The chairman for the time being of the Advisory
Council of War Memorial Children's Hospital shall be a
member of The Board of Hospital Trustees of the City of
Pr3
London from the date this section comes into force until such
time as the Board is reconstituted under section 2 oi An Act
respecting the General Hospital of the City of London, Statutes
of Ontario, 1887, Chapter 58, as re-enacted by subsection 2
of section 1 of this Act and the members of the Board who are
in office when this section comes into force shall remain in
office until the Board is so reconstituted.
3. This Act comes into force on the day it receives Royal ment"^^'^^^'
Assent.
4. This Act may be cited as The City of London ^c/,^^°'"* ""«
1968-69.
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BILL Pr4
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Borough of Scarborough
Mr. Reid (Scarborough East)
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr4 1968-69
An Act respecting the Borough of Scarborough
WHEREAS The Corporation of the Borough of Scar- ^''^*™^''
borough, herein called the Corporation, by its petition
has prayed for special legislation in respect of the matters
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The council of the Corporation may pass a by-law forand^' ^''^^
prohibiting and regulating the erection, continuance and gflns**^'^*
maintenance of signs or other advertising devices and the
posting of notices on buildings, structures, vacant lots or
public property within any defined area or areas or on land
abutting any defined highways or parts of highways in the
Borough of Scarborough.
2. Any by-law passed under section 1 may provide, of the^'^'^^
by-law
(a) for the classification of signs, advertising devices or
notices according to use, location, size, design and
character and their prohibition or regulation ac-
cording to classification in the defined area or areas
or on land abutting on any defined highways or
parts of highways;
(b) that signs or advertising devices and the structures
or other means for supporting signs or advertising
devices shall be constructed, erected, continued and
maintained as described in the by-law;
(c) that signs, advertising devices or notices on buildings,
structures or vacant lots are prohibited unless a
permit is obtained before erection or unless a cer-
tificate of compliance is obtained to continue signs,
advertising devices or notices that were posted or
erected before the by-law takes effect;
Pr4
(d) that applications for permits or certificates of com-
pliance shall include the production of plans and
specifications of signs, advertising devices or notices,
and the structure or other means of support on which
they are to be placed;
(e) for fees for inspection of plans or for issuing permits
or certificates of compliance, and such fees may vary
according to the use, location, size, design and
character of the sign, advertising device or notice;
(/) for prescribing a tariff of fees payable in respect to
appeals to the Sign Site Plan Committee or to
council but in no case shall the fee payable on an
appeal be more than $25;
(g) for annual amounts payable in respect of signs, ad-
vertising devices or notices on or projecting over
highways or public property;
(h) for different regulations applicable to signs, adver-
tising devices or notices classified as temporary from
those classified as permanent, provided that no fees,
charges or permits shall be required for signs, ad-
vertising devices or notices erected in connection
with any provincial or municipal election or the
voting upon any question submitted to the electors
of the municipality under any Act of Ontario;
(i) that owners of signs, advertising devices or notices
classified as permanent by the by-law, which are
erected or placed before the by-law takes effect, shall
apply within such time as the by-law provides for
certificates of compliance in the same manner as
applications for permits or shall remove the signs,
advertising devices or notices;
0') that on any application for a permit or certificate
of compliance, the official appointed by council to
administer the by-law may request such further
plans or information as he deems necessary and if
such request is not complied with or if any applica-
tion is not completed, it shall be deemed abandoned
six months after the date of the submission of the
application and the fee paid or such part thereof as
the official deems necessary shall be forfeited to the
Corporation.
Pr4
3. — (1) When a by-law is passed under section 1, the^PP°'^^^-
council shall appoint an official of the Corporation to ad- official
minister and enforce the by-law. ^^ ■
(2) Subject to a right of appeal to the Sign Site Plan Com- Rf^fa^io/^^
mittee, the official may refuse to issue a permit or certificate
of compliance if he is of the opinion that a sign, advertising
device or notice is not compatible aesthetically with its en-
vironment or does not comply with the regulations in the
by-law or with any other by-law or regulation enforceable in
the municipality.
(3) The official may order the removal of any sign, adver- si|ns^^^ °
tising device or notice erected, placed or continued without a
permit or certificate of compliance, or that is not maintained
in accordance with a by-law passed under section 1 within
such time as the by-law provides.
(4) Where a sign, advertising device or notice does not^^®"^
comply with the plans or specifications submitted with the
application for a permit or certificate of compliance or with
any condition pursuant to which the permit or certificate of
compliance was issued, the official may order the owner or
applicant to make the sign, advertising device or notice
comply thereto within such time as the by-law provides.
(5) Where any order of the official is not carried out by ^^^"^
removal or by making the sign, advertising device or notice
conform with the provisions of the by-law as set forth in the
order, the official is authorized to remove the sign, advertising
device or notice at the expense of the owner thereof and such
expense may be recovered by the Corporation in any court of
competent jurisdiction or, if the owner is a ratepayer in the
municipality, such expense may be added to the collector's
roll and recovered in the same manner as his municipal taxes
may be recovered.
(6) Where, in the opinion of the official, any sign or ad-^^e"^
vertising device is unsafe or dangerous, the official may re-
move the sign or advertising device without order or notice
and may recover the expense incurred in the same manner as
provided in subsection 5.
4. Signs, advertising devices and notices erected or main- ^^®'^p*'o'^^
tained by the Crown in right of Canada, the Province of
Ontario or any agency of either of them, or by a municipality,
as defined in The Department of Municipal Affairs Act, shall ^fg-*- ■'^^^°'
be exempt from the provisions of a by-law passed under sec-
tion 1 and the council of the Corporation may exempt any
charitable, educational or religious organization from the
payment of fees under the by-law.
Pr4
Appoint-
ment of
Sign Site
Plan
Committee
Term of
office
Quorum
5.— (1) Where the council of the Corporation passes a by-
law under section 1, the council shall constitute and appoint
a Sign Site Plan Committee composed of not fewer than three
officials of the Corporation, none of whom shall be the official
appointed to administer and enforce the provisions of the
by-law.
(2) Each appointment to the Sign Site Plan Committee
shall be for such term as the by-law may provide and mem-
bers appointed shall hold office until their successors are
appointed and are eligible for reappointment and where a
member ceases to hold office before the expiration of his term,
the council shall appoint another eligible person for the un-
expired portion of the term.
(3) A majority of the members of the Sign Site Plan
Committee constitutes a quorum.
Appeal to
Committee
6. A decision or order of the official made pursuant to this
Act or a by-law passed under section 1 may be appealed by
any person affected by the decision or order to the Sign Site
Plan Committee and, subject to further appeal to council, its
decision shall be final.
ccnafcli *° '^* ^^y decision of the Sign Site Plan Committee may be
appealed to council and the decision of council allowing or
refusing the appeal shall be final.
Notice of
appeal
8. — (1) Any decision or order of the official appointed to
administer and enforce the by-law or a decision of the Sign
Site Plan Committee may be appealed by written notice to
the clerk of the municipality within such time or times and
upon payment of such fee or fees as the by-law provides.
Notice of
hearing
(2) Before hearing an appeal, the Sign Site Plan Committee
or the council, as the case may be, shall give at least ten days
written notice of the hearing or direct that such notice be
given to such persons as the committee or council considers
should receive notice.
Appeal
(3) The person who appealed is entitled to appear at the
hearing in person or by his counsel or agent and make repre-
sentations and examine witnesses and if the decision is not
given in his presence at the hearing, to receive written notice
of the decision forthwith.
Idem
(4) In considering any appeal, the Sign Site Plan Commit-
tee or the council, as the case may be, may examine the
appearance, location, design, use and size of any sign, ad-
vertising device or notice and exercise its discretion in granting
or refusing the appeal.
Pr4
l-'j
9. Any official of the Corporation appointed by council |^^f^* ^^
for the enforcement of the by-law may, upon producing
proper identification, enter at all reasonable times upon any
property in order to ascertain whether the provisions of the
by-law are being complied with and to enforce and carry into
effect the provisions of the by-law.
10. Part XXI of The Municipal Act applies to any by- ^fPP"''^*^^"
law passed under this Act. ^■249' ^^^^'
11. This Act comes into force on the day it receives Royal ^ent^^'^^^
Assent.
12. This Act may be cited as The Borough of Scarborough ^^°''' ""®
Act, 1968-69.
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BILL Pr5
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Burlington
Mr. Kerr
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr5 1968-69
An Act respecting'the Town of Burlington
WHEREAS The Corporation of the Town of Burlington, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth ; and whereas it is expedient to grant the prayer of
the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) Notwithstanding any general or special Act, the ^g^abilsh^
council of the Corporation may pass a by-law, area^^^
(a) for establishing in the Town of Burlington a parking
area as described in the Schedule hereto;
(b) for acquiring, establishing, laying out and improving
land, buildings and structures in the parking area or
adjacent thereto, where vehicles may be parked;
(c) for erecting buildings or structures for or in connec-
tion with the parking of vehicles in, on or under any
lands vested for any purpose in the municipality
in the parking area or adjacent thereto;
(d) for leasing such land, buildings or structures in the
parking area or adjacent thereto; and
(e) for regulating, supervising and governing the parking
of vehicles therein or thereon in accordance with
paragraph 67 of section 377 of The Municipal AcLf-^^-^^^^'
(2) A by-law passed under subsection 1 may provide that,
(a) with the approval of the Ontario Municipal Board,
the parking area may be altered, reduced or extended
if in the opinion of council it is deemed necessary
so to do;
Pr5
Idem
(b) the capital cost thereof, or any part thereof, the
annual rental payable under a lease or any operating
deficit in the previous year shall be levied against
the lands in a defined area within the parking area
that in the opinion of the council derives special
benefit therefrom ;
(c) with the approval of the Ontario Municipal Board,
the defined area referred to in clause b may be
altered, reduced or extended within the boundaries
of the parking area if in the opinion of council it is
deemed necessary so to do;
(d) the entire cost chargeable to lands in the defined
area shall be equitably apportioned among all parcels
assessed as commercial in the proportion that the
commercial real property and business assessment
of each parcel bears to the total commercial real
property and business assessment in the defined
area;
(e) the said apportionment shall be made annually on
the basis of the last revised assessment roll;
(/) all revenue from existing and future parking lots
established by the Corporation and from existing
and future street meters in the defined area shall be
applied within the defined area for the purposes set
out in clause b; and
(g) all other revenue from existing and future parking
lots established by the Corporation and from existing
and future street meters outside the defined area
but within the parking area shall be reserved for
future parking facilities within the parking area.
fiind^"^ 2. Notwithstanding any general or special Act,
debentures
(a) the council of the Corporation may provide in any
money by-law that the principal shall be repaid at a
fixed date with interest payable annually or semi-
annually, in which case the debentures issued under
the by-law shall be known as sinking fund deben-
tures;
(b) when sinking fund debentures are issued, the amount
of principal to be raised in each year shall be a
specific sum that, with the estimated interest at a
rate not exceeding 33^ per cent per annum, capital-
ized yearly, will be sufficient to pay the principal
of the debentures as it becomes due;
Pr5
(c) when sinking fund debentures are issued, the Com-
mittee shall keep one or more consolidated bank
accounts in which,
(i) the treasurer of the Corporation shall deposit
each year during the term of the debentures
the moneys raised for the sinking funds of all
debts that are to be paid by means of sinking
funds, and
(ii) there shall be deposited all earnings derived
from, and all proceeds of the sale or maturity
or redemption prior to maturity of sinking
fund investments;
(d) when sinking fund debentures are issued, there shall
be a sinking fund committee, herein called the Com-
mittee, which shall be composed of the treasurer of
the Corporation and two members appointed by the
Lieutenant Governor in Council, and the two
appointed members shall be paid, out of the current
funds of the Corporation, such annual remuneration
as the Lieutenant Governor in Council may deter-
mine;
(e) the treasurer of the Corporation shall be the chair-
man and treasurer of the Committee, and in his
absence the appointed members may appoint one
of themselves as acting chairman;
(/) each member of the Committee shall, before entering
into the duties of his office, give security for the
faithful performance of his duties and for duly
accounting for and paying over all moneys and
securities that come into his hands, in such amount
as the auditors of the Corporation shall determine,
and in other respects the provisions of section 234
of The Municipal Act apply with respect to such^f49- ^^^^•
security;
(g) two members of the Committee shall be a quorum,
and all investments and sales of investments must
be approved by the treasurer of the Corporation and
one other member of the Committee;
(h) all assets of the sinking funds, including all con-
solidated bank accounts, shall be under the sole
control and management of the Committee;
Pr5
(i) all withdrawals from the consolidat ed bank accounts
shall be authorized by the Committee, and all
cheques on the consolidated bank accounts shall
be signed by the treasurer of the Corporation and
one other member of the Committee;
(j) the Committee shall invest any moneys on deposit
from time to time in the consolidated bank accounts
and may at any time or times vary any investment;
(k) the moneys in the consolidated bank accounts shall
be invested in debentures of the Corporation or other
securities in which a trustee may invest under the
^■fos" ^^^^' provisions of 7^he Trustee Act or in securities issued
by the United States of America;
(/) all securities acquired by the Committee as invest-
ments for sinking fund purposes shall be deposited
for safe-keeping in a chartered bank or trust com-
pany until they are sold or mature or are called for
redemption prior to maturity;
(m) all sinking fund debentures issued on the same date,
maturing on the same date and payable in the same
currency, notwithstanding that they were issued
under one or more by-laws, shall be represented by
one sinking fund account;
(w) where there is more than one sinking fund debenture
by-law outstanding, the earnings from sinking fund
investments in each year shall be apportioned by the
Committee among all the sinking funds in the pro-
portion that the increase during that year in the
accumulated interest as provided for in clause b
on the specific amount required to be deposited
annually during the currency of each sinking fund
debenture by-law bears to the total of all increases
during that year in the accumulated interest as
provided for in clause b on all the specific amounts
required to be deposited annually during the cur-
rency of all outstanding sinking fund debenture
by-laws;
(o) where the office of the treasurer of the Corporation
is vacant or the treasurer is absent or is unable to
carry on his duties through illness or otherwise, the
deputy treasurer of the Corporation shall act in his
stead, and, when so acting, has all the powers and
duties of the treasurer as a member and as the
chairman and treasurer of the Committee.
Pr5
3. — (1) The council of the Corporation may pass by-laws ^^p°^^
for regulating the crossing of curb-lines, sidewalks or paved to side-
boulevards by vehicles delivering materials to or removing upon Issue"
materials from abutting lands on which any building is being permit ^^^
erected, altered, repaired or demolished, and for requiring
the owners of such abutting lands, upon any application for
the issuing of a permit certifying to the approval of plans
of buildings to be erected, altered, repaired or demolished
thereon, to pay to the Corporation a sum of money not to
exceed $5 per foot of the limit of the lot abutting directly on
such sidewalk, curbing or paved boulevard as a deposit to
meet the cost of repairing any damage to the sidewalk, curbing
or paved boulevard or to any water service box or other service
therein caused by the crossing thereof by such vehicles.
(2) Where a by-law passed under this section requires the^®^""^**
payment of a deposit to cover the cost of damage to a side-
walk, curbing or paved boulevard or to any water service
box or other service therein, the by-law shall provide that,
upon the completion of the erection, alteration, repair or
demolition of the building or buildings on the lands abutting
such sidewalk, curbing or paved boulevard and upon appli-
cation by the person by whom the deposit was paid, the
amount by which the sum deposited exceeds the cost of such
repairs shall forthwith be refunded.
(3) Where any moneys heretofore or hereafter paid to the ynciaimed
Corporation to cover the cost of repairs to curbings, side-
walks or paved boulevards or to any water service box or
other service therein remain unclaimed in the hands of the
treasurer of the Corporation for a period of six years, the
treasurer of the Corporation may insert in any newspaper
having general circulation in the Town of Burlington a notice
containing a list of such unclaimed moneys and stating that
all persons having any claim to any of such moneys are re-
quired to prove their claims within ninety days from the
publication of such notice, and upon the expiration of ninety
days from the publication of such notice the treasurer of the
Corporation may transfer all of such moneys against which
no claim has been made to the general funds of the Cor-
poration free of and from any and all claims of any kind
whatsoever.
(4) Without limiting the generality of subsection 1 , a ^^^^^jftion
by-law passed under this section may require that the owner
or occupier of the lands take all necessary steps to prevent
building material, waste or soil from being spilled or tracked
onto the public streets by vehicles going to or coming from
the lands during the course of the erection, alteration, repair
or demolition and may provide that, in addition to any
Pr5
penalty otherwise provided by law, the owner or occupier
shall be responsible to the Corporation for the cost of removing
such building material, waste or soil, and the cost may be
deducted from the deposit.
ment^^'^^^ 4:. This Act comes into force on the day it receives Royal
Assent.
Short title 5. This Act may be cited as The Town of Burlington Act,
1968-69.
Pr5
SCHEDULE
All and Singular that certain parcel or tract of land and premises
situate, lying and being in the Town of Burlington in the County of
Halton and being bounded on the north by the centre line of Caroline,
on the east by the centre line of Elizabeth Street, on the west by the centre
line of Locust Street, and on the south by the centre line of Lakeshore
Road.
Pr5
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BILL Pr5
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Burlington
Mr. Kerr
{Reprinted for consideration by the Private Bills Committee)
TORONTO
Printed and Published by Fkank Fogg, Queen's Printer
BILL Pr5 1968-69
An Act respecting the Town of Burlington
WHEREAS The Corporation of the Town of Burlington, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth; and whereas it is expedient to grant the prayer of
the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) Notwithstanding any general or special Act, the ^g^^'^j]^^®
council of the Corporation may pass a by-law, parking
area
(a) for establishing in the Town of Burlington a parking
area as described in the Schedule hereto;
(b) for acquiring, establishing, laying out and improving
land, buildings and structures in the parking area or
adjacent thereto, where vehicles may be parked;
(c) for erecting buildings or structures for or in connec-
tion with the parking of vehicles in, on or under any
lands vested for any purpose in the municipality
in the parking area or adjacent thereto;
(d) for leasing such land, buildings or structures in the
parking area or adjacent thereto; and
(e) for regulating, supervising and governing the parking!
of vehicles therein or thereon. j
(2) A by-law passed under subsection 1 may provide that,
(a) with the approval of the Ontario Municipal Board,
the parking area may be altered, reduced or extended
if in the opinion of council it is deemed necessary
so to do;
Pr5
Idem
(b) with the approval of the Ontario Municipal Board,
the capital cost, or any part thereof, of any parking
facilities heretofore or hereafter provided within
the defined area, including any portion of the said
cost already paid out of the parking reserve fund,
the annual rental payable under a lease or any
operating deficit in the previous year shall be levied
against the lands in a defined area within the parking
area that in the opinion of council derives special
benefit therefrom; provided that no part of the
capital cost of any parking facilities within the
parking area shall be levied out of the general
funds of the Corporation. "^PB
(c) with the approval of the Ontario Municipal Board,
the defined area referred to in clause b may be
altered, reduced or extended within the boundaries
of the parking area if in the opinion of council it is
deemed necessary so to do;
(d) the entire cost chargeable to lands in the defined
area shall be equitably apportioned among all parcels
assessed as commercial in the proportion that the
commercial real property and business assessment
of each parcel bears to the total commercial real
property and business assessment in the defined
area ;
(e) the said apportionment shall be made annually on
the 31st day of March on the basis of the last revised
assessment roll;
(/) all revenue from existing and future parking lots
established by the Corporation and from existing
and future street meters in the defined area shall be
applied within the defined area for the purposes set
out in clause b; and
(g) all other revenue from existing and future parking
lots established by the Corporation and from existing
and future street meters outside the defined area
but within the parking area shall be reserved for
future parking facilities within the parking area.
fund*"*^ ^' Notwithstanding any general or special Act,
fund
debentures
(a) the council of the Corporation may provide in any
money by-law that the principal shall be repaid at a
fixed date with interest payable annually or semi-
annually, in which case the debentures issued under
the by-law shall be known as sinking fund deben-
tures ;
Pr5
(b) when sinking fund debentures are issued, the amount
of principal to be raised in each year shall be a
specific sum that, with the estimated interest at a
rate not exceeding 4 per cent per annum, capital-
ized yearly, will be sufficient to pay the principal
of the debentures as it becomes due;
(c) when sinking fund debentures are issued, the Com-
mittee shall keep one or more consolidated bank
accounts in which,
(i) the treasurer of the Corporation shall deposit
each year during the term of the debentures
the moneys raised for the sinking funds of all
debts that are to be paid by means of sinking
funds, and
(ii) there shall be deposited all earnings derived
from, and all proceeds of the sale or maturity
or redemption prior to maturity of sinking
fund investments;
{d) when sinking fund debentures are issued, there shall
be a sinking fund committee, herein called the Com-
mittee, which shall be composed of the treasurer of
the Corporation and two members appointed by the
Lieutenant Governor in Council, and the two
appointed members shall be paid, out of the current
funds of the Corporation, such annual remuneration
as the Lieutenant Governor in Council may deter-
mine;
(e) the treasurer of the Corporation shall be the chair-
man and treasurer of the Committee, and in his
absence the appointed members may appoint one
of themselves as acting chairman;
(/) each member of the Committee shall, before entering
into the duties of his office, give security for the
faithful performance of his duties and for duly
accounting for and paying over all moneys and
securities that come into his hands, in such amount
as the auditors of the Corporation shall determine,
and in other respects the provisions of section 234
of The Municipal Act apply with respect to such ^149 ' ■'^^^^'
security;
(g) two members of the Committee shall be a quorum,
and all investments and sales of investments must
be approved by the treasurer of the Corporation and
one other member of the Committee;
(h) all assets of the sinking funds, including all con-
solidated bank accounts, shall be under the sole
control and management of the Committee;
Pr5
(i) all withdrawals from the consolidated bank accounts
shall be authorized by the Committee, and all
cheques on the consolidated bank accounts shall
be signed by the treasurer of the Corjxjration and
one other member of the Committee;
(j) the Committee shall invest any moneys on deposit
from time to time in the consolidated bank accounts
and may at any time or times vary any investment;
(k) the moneys in the consolidated bank accounts shall
be invested in debentures of the Corporation or other
securities in which a trustee may invest under the
R-S-O. I960, provisions of The Trustee Act or in securities issued
by the United States of America;
(/) all securities acquired by the Committee as invest-
ments for sinking fund purposes shall be deposited
for safe-keeping in a chartered bank or trust com-
pany until they are sold or mature or are called for
redemption prior to maturity;
(w) all sinking fund debentures issued on the same date,
maturing on the same date and payable in the same
currency, notwithstanding that they were issued
under one or more by-laws, shall be represented by
one sinking fund account;
(«) where there is more than one sinking fund debenture
by-law outstanding, the earnings from sinking fund
investments in each year shall be apportioned by the
Committee among all the sinking funds in the pro-
portion that the increase during that year in the
accumulated interest as provided for in clause b
on the specific amount required to be deposited
annually during the currency of each sinking fund
debenture by-law bears to the total of all increases
during that year in the accumulated interest as
provided for in clause b on all the specific amounts
required to be deposited annually during the cur-
rency of all outstanding sinking fund debenture
by-laws ;
(o) where the office of the treasurer of the Corporation
is vacant or the treasurer is absent or is unable to
carry on his duties through illness or otherwise, the
deputy treasurer of the Corporation shall act in his
stead, and, when so acting, has all the powers and
duties of the treasurer as a member and as the
chairman and treasurer of the Committee.
Pr5
3. The council of the Corporation may pass by-laws re-^^j-/^^^|
quiring the owner or occupier of lands on which any building ^"^jl^^f ^,
is being erected, altered, repaired or demolished to take all etc.
necessary steps to prevent building waste or soil from being
tracked onto the public streets by vehicles going to or coming
from the lands during the course of the erection, alteration,
repair or demolition, and such by-laws may provide that,
in addition to any penalty otherwise imposed by law, the
owner or occupier shall be responsible to the municipality
for the cost of removing such building material, waste or soil,
and the cost may be deducted from any deposit, paid after
the passing of any such by-law that is required to be paid
under the provisions of a by-law passed under section 3 of
The Town of Burlington Act, 1965. '^PJ i965, c. 145
4. This Act comes into force on the day it receives Royal Se^t"®''°®'
Assent.
5. This Act may be cited as The Town of Burlington Act, short title
1968-69.
Pr5
SCHEDULE
All and Sin(;ular that certain parcel or tract of land and premises
situate, lying and being in the Town of Burlington in the County of
Halton and being bounded on the north by the centre line of Caroline,
Street, on the east by the centre line of Elizabeth Street, on the west by
the centre line of Locust Street, and on the south by the centre line of
Lakeshore Road.
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BILL Pr5
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Burlington
Mr. Kerr
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr5 1968-69
An Act respecting'the Town of Burlington
WHEREAS The Corporation of the Town of Burlington, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth; and whereas it is expedient to grant the prayer of
the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) Notwithstanding any general or special Act, the Jg^^'^j]^}^®
council of the Corporation may pass a by-law, parking
area
(a) for establishing in the Town of Burlington a parking
area as described in the Schedule hereto;
(b) for acquiring, establishing, laying out and improving
land, buildings and structures in the parking area or
adjacent thereto, where vehicles may be parked;
(c) for erecting buildings or structures for or in connec-
tion with the parking of vehicles in, on or under any
lands vested for any purpose in the municipality
in the parking area or adjacent thereto;
(d) for leasing such land, buildings or structures in the
parking area or adjacent thereto; and
(e) for regulating, supervising and governing the parking
of vehicles therein or thereon.
(2) A by-law passed under subsection 1 may provide that, ^'^^^
(a) with the approval of the Ontario Municipal Board,
the parking area may be altered, reduced or extended
if in the opinion of council it is deemed necessary
so to do;
Pr5
(b) with the approval of the Ontario Municipal Board,
the capital cost, or any part thereof, of any parking
facilities heretofore or hereafter provided within
the defined area, including any portion of the said
cost already paid out of the parking reserve fund,
the annual rental payable under a lease or any
operating deficit in the previous year shall be levied
against the lands in a defined area within the parking
area that in the opinion of council derives special
benefit therefrom; provided that no part of the
capital cost of any parking facilities within the
parking area shall be levied out of the general
funds of the Corporation.
(c) with the approval of the Ontario Municipal Board,
the defined area referred to in clause b may be
altered, reduced or extended within the boundaries
of the parking area if in the opinion of council it is
deemed necessary so to do;
(d) the entire cost chargeable to lands in the defined
area shall be equitably apportioned among all parcels
assessed as commercial in the proportion that the
commercial real property and business assessment
of each parcel bears to the total commercial real
property and business assessment in the defined
area;
(e) the said apportionment shall be made annually on
the 31st day of March on the basis of the last revised
assessment roll;
(/) all revenue from existing and future parking lots
established by the Corporation and from existing
and future street meters in the defined area shall be
applied within the defined area for the purposes set
out in clause b; and
(g) all other revenue from existing and future parking
lots established by the Corporation and from existing
and future street meters outside the defined area
but within the parking area shall be reserved for
future parking facilities within the parking area.
Sinking 2. Notwithstanding any general or special Act,
debentures
(a) the council of the Corporation may provide in any
money by-law that the principal shall be repaid at a
fixed date with interest payable annually or semi-
annually, in which case the debentures issued under
the by-law shall be known as sinking fund deben-
tures ;
Pr5
(b) when sinking fund debentures are issued, the amount
of principal to be raised in each year shall be a
specific sum that, with the estimated interest at a
rate not exceeding 4 per cent per annum, capital-
ized yearly, will be sufficient to pay the principal
of the debentures as it becomes due;
(c) when sinking fund debentures are issued, the Com-
mittee shall keep one or more consolidated bank
accounts in which,
(i) the treasurer of the Corporation shall deposit
each year during the term of the debentures
the moneys raised for the sinking funds of all
debts that are to be paid by means of sinking
funds, and
(ii) there shall be deposited all earnings derived
from, and all proceeds of the sale or maturity
or redemption prior to maturity of sinking
fund investments;
{d) when sinking fund debentures are issued, there shall
be a sinking fund committee, herein called the Com-
mittee, which shall be composed of the treasurer of
the Corporation and two members appointed by the
Lieutenant Governor in Council, and the two
appointed members shall be paid, out of the current
funds of the Corporation, such annual remuneration
as the Lieutenant Governor in Council may deter-
mine;
(e) the treasurer of the Corporation shall be the chair-
man and treasurer of the Committee, and in his
absence the appointed members may appoint one
of themselves as acting chairman ;
(/) each member of the Committee shall, before entering
into the duties of his office, give security for the
faithful performance of his duties and for duly
accounting for and paying over all moneys and
securities that come into his hands, in such amount
as the auditors of the Corporation shall determine,
and in other respects the provisions of section 234
of The Municipal Act apply with respect to such ^-249 • •'•^^°'
security;
(g) two members of the Committee shall be a quorum,
and all investments and sales of investments must
be approved by the treasurer of the Corporation and
one other member of the Committee;
(h) all assets of the sinking funds, including all con-
solidated bank accounts, shall be under the sole
control and management of the Committee;
Pr5
(i) all withdrawals from the consolidated bank accounts
shall be authorized by the Committee, and all
cheques on the consolidated bank accounts shall
be signed by the treasurer of the Corporation and
one other member of the Committee;
(j) the Committee shall invest any moneys on deposit
from time to time in the consolidated bank accounts
and may at any time or times vary any investment;
(k) the moneys in the consolidated bank accounts shall
be invested in debentures of the Corporation or other
securities in which a trustee may invest under the
f"foi' ^^^^' provisions of The Trustee Act or in securities issued
by the United States of America;
(I) all securities acquired by the Committee as invest-
ments for sinking fund purposes shall be deposited
for safe-keeping in a chartered bank or trust com-
pany until they are sold or mature or are called for
redemption prior to maturity;
(m) all sinking fund debentures issued on the same date,
maturing on the same date and payable in the same
currency, notwithstanding that they were issued
under one or more by-laws, shall be represented by
one sinking fund account;
(«) where there is more than one sinking fund debenture
by-law outstanding, the earnings from sinking fund
investments in each year shall be apportioned by the
Committee among all the sinking funds in the pro-
portion that the increase during that year in the
accumulated interest as provided for in clause b
on the specific amount required to be deposited
annually during the currency of each sinking fund
debenture by-law bears to the total of all increases
during that year in the accumulated interest as
provided for in clause b on all the specific amounts
required to be deposited annually during the cur-
rency of all outstanding sinking fund debenture
by-laws ;
(o) where the office of the treasurer of the Corporation
is vacant or the treasurer is absent or is unable to
carry on his duties through illness or otherwise, the
deputy treasurer of the Corporation shall act in his
stead, and, when so acting, has all the powers and
duties of the treasurer as a member and as the
chairman and treasurer of the Committee.
Pr5
3. The council of the Corporation may pass by-laws re- ^p^i/^"^ ^®
quiring the owner or occupier of lands on which any building ^"JJ^^f^^
is being erected, altered, repaired or demolished to take all etc.
necessary steps to prevent building waste or soil from being
tracked onto the public streets by vehicles going to or coming
from the lands during the course of the erection, alteration,
repair or demolition, and such by-laws may provide that,
in addition to any penalty otherwise imposed by law, the
owner or occupier shall be responsible to the municipality
for the cost of removing such building material, waste or soil,
and the cost may be deducted from any deposit, paid after
the passing of any such by-law that is required to be paid
under the provisions of a by-law passed under section 3 of
The Town of Burlington Act, 1965. laes, c. i45
4. This Act comes into force on the day it receives Royal SeSt"®"''®'
Assent.
5. This Act may be cited as The Town of Burlington Act, Short title
1968-69.
Pr5
SCHEDULE
All and Singular that certain parcel or tract of land and premises
situate, lying and being in the Town of Burlington in the County of
Halton and being bounded on the north by the centre line of Caroline,
Street, on the east by the centre line of Elizabeth Street, on the west by
the centre line of Locust Street, and on the south by the centre line of
Lakeshore Road,
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BILL Pr6
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of Niagara Falls
Mr. Bukator
{Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr6 1968-69
An Act respecting the City of Niagara Falls
WHEREAS The Corporation of the City of Niagara Preamble
Falls, herein called the Corporation, by its petition
has prayed for special legislation in respect of the matters
hereinafter set forth; and whereas it is expedient to grant
the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) The council of the Corporation may enter into an ^s^e^ep^^^s
agreement with the owner or occupant of a building or from
structure to be erected or used providing for relief, to the ments
extent set out in the agreement, from any requirement in any parking
by-law of the Corporation for the provision or maintenance of
parking facilities on land that is not part of a highway, and
exempting such owner or occupant, to the extent specified
in the agreement, from the necessity of providing or main-
taining such facilities.
(2) Every agreement referred to in subsection 1 shall, appro^eT*^
byO.M.B.
(a) be subject to the approval of the Ontario Municipal
Board given either before or after the execution
thereof; and
(b) require the payment to the Corporation of a sum of
money therein set out, either in a lump sum or by
instalments, together with interest at a rate therein
specified, and shall set forth the basis upon which the
sum is computed.
(3) All moneys paid or to be paid pursuant to an agree- ^^y^®"^*^
ment referred to in subsection 1 shall be paid into a special agreements
« «• «• 4 •• ll6lCi. £IS
account and may be mvested m such securities as a trustee fund for
may invest in under The Trustee Act, and the earnings derived of'parking
from the investment of such moneys shall be paid into such ^°g^Q^®^gQQ
special account, and the moneys in such special account c. 408
Pr6
shall be expended for the same purposes and in the same
manner as a reserve fund provided for in paragraph 67 of
R.s.o. I960, se^^tion 377 of The Municipal Act.
Registration
of
agreement
imposes
lien on
land
R.S.O. 1960,
cc. 23, 98
Audit of
fund
(4) Any such agreement may be registered against the land
affected thereby in the proper registry or land titles office,
and, when so registered, the amounts payable under such an
agreement until paid shall be a lien or charge upon the lands
described therein and may be collected in the same manner
and with the same remedies as provided by The Assessment
Act and The Department of Municipal Affairs Act for the
collection of real property taxes, and, upon payment in full
of the moneys to be paid under the agreement or upon ter-
mination of the agreement, there shall be registered in the
proper registry or land titles office against such lands a
certificate from the clerk of the Corporation stating that the
moneys to be paid under the agreement have been fully paid
or that the agreement has been terminated.
(5) The city auditor in his annual report shall report on
the activities and position of any special account established
under this section.
By-law
levying
parking
lot cost
against
defined
2. Where the council of the Corporation, with the approval
of the Ontario Municipal Board, has passed a by-law under
paragraph 67 of section 377 of The Municipal Act, which
provides that the capital cost or any part thereof, the annual
rental payable under any lease or any operating deficit in the
previous year shall be levied against specified parcels of land
within a defined area and, subsequent to the effective date
of the by-law imposing the levy, the council is of the opinion
that,
(a) there has been an increase or decrease in the special
benefit derived therefrom by a parcel of land in the
defined area against which a portion of the cost has
been levied;
{h) a parcel of land in the defined area has begun to
derive or has ceased to derive a special benefit
therefrom; or
(c) a parcel of land outside the defined area has begun
to derive a special benefit therefrom,
the council may at any time and from time to time by a further
by-law, passed with the approval of the Ontario Municipal
Board,
{d) redefine the area in the municipality that, in the
Pr6
opinion of the council, contains the lands that
derive a special benefit from the by-law; or
(e) re-apportion the balance of the cost mentioned in
subclause i of clause g of paragraph 67 of section 377
of The Municipal Act, so that such cost shall be Jf49" ^^^*^'
apportioned against each parcel of land that, in the
opinion of the council, derives such special benefit.
3. — (1) In this section, "drainage works" and "main- interpre-
tenance" mean drainage works and maintenance as defined
in The Drainage Act, 1962-63. l^ll'^^'
(2) Notwithstanding The Drainage Act, 1962-63, the council fu^thonling
of the Corporation may pass by-laws to authorize the main- maintenance
tenance of all drainage works in the City of Niagara Falls or works
in any defined area thereof, and to provide that the cost of
such maintenance shall be charged and collected by a special
rate sufficient therefor, levied upon all the rateable property
in the City of Niagara Falls or in any such defined area.
(3) By-laws passed under subsection 2 may authorize all ^**®'"
persons engaged in such works to enter upon such lands
within the City of Niagara Falls as may be necessary therefor,
without leave or consent of the owner or any other person,
provided that no person shall cause any unnecessary damage
to any property in so doing.
(4) No by-law passed under this section shall be repealed, idem
4. — (1) In this section, "municipal works" includes side- Jj^^fj"^'"®'
walks, curbing, gutters, culverts, and paved boulevards.
(2) The council of the Corporation may, and is declared to ^^mage to
have had the power to, pass by-laws for regulating the crossing sidewalks,
of municipal works by vehicles, machinery or equipment of issue of
any kind delivering materials to or removing materials from permit ^
or performing work on abutting lands on, to or from which
any building or structure is being erected, altered, repaired,
demolished or moved and for requiring the owners of such
abutting lands, upon any application for the issuing of a per-
mit certifying to the approval of the plans of a building or
structure to be erected, altered or repaired thereon or upon
any application for a permit to demolish or move a building
or structure thereon or therefrom, to pay to the Corporation
a sum of money not to exceed $5 per foot of the limit of the
lot abutting directly on such municipal works as a deposit to
meet the cost of repairing any damage to the municipal works
or to any water service box or other service or utility of the
Corporation caused during the erection, alteration, repair,
demolition or removal of such building or structure.
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Refund
(3) Where a by-law passed under this section requires the
payment of a deposit to meet the cost of repairing damage to
municipal works or to any water service box or other service
or utility of the Corporation, the by-law shall provide that
upon the completion of the erection, alteration, repair or
removal and upon application by the person by whom the
deposit was paid, the amount by which the sum deposited
exceeds the cost of such repairs shall forthwith be refunded.
Unclaimed
deposits
(4) Where any moneys heretofore or hereafter paid to the
Corporation to cover the cost of repairs to municipal works or
to any water service box or other service or utility of the
Corporation, remain unclaimed in the hands of the treasurer
of the Corporation for a period of six years, the treasurer of
the Corporation may insert in any newspaper having general
circulation in the City of Niagara Falls a notice containing a
list of such unclaimed moneys and stating that all persons
having any claim to any of such moneys are required to prove
their claims within ninety days from the publication of the
notice, and, upon the expiration of ninety days from the
publication of such notice, the treasurer of the Corporation
may transfer all of such moneys against which no claim has
been made to the general funds of the Corporation free of and
from any and all claims of any kind whatsoever.
Cost of
prevention
(5) Without limiting the generality of subsection 1, a
by-law passed under this section may require that the owner
or occupier of the lands take all necessary steps to prevent
building material, waste or soil from being spilled or tracked
onto the public streets by vehicles, machinery or equipment
going to or coming from the lands during the course of the
erection, alteration, repair, demolition or removal and may
provide that, in addition to any penalty otherwise provided
by law, the owner or occupier shall be responsible to the Cor-
poration for the cost of removing such building material,
waste or soil and the cost may be deducted from the deposit.
Interpre-
tation
6. — (1) In this section, "dwelling" means any building,
part of a building, tent, trailer or other covering or structure
and the contents thereof, the whole or any portion of which
has been used, is used or is capable of being used for the
purposes of human habitation, with the land and premises
appurtenant thereto and all outbuildings, fences or erections
thereon or therein.
Order for
demolition
of dwelling
(2) Upon the expiration of one year following the closing
of any dwelling, pursuant to section 99 of The Public Health
R.|^o. I960, ^^^^ ^g unfit for human habitation or dangerous to health,
and upon the report of the medical officer of health that such
dwelling is unfit for human habitation or dangerous to health,
Pr6
the council of the Corporation may, by by-law passed at any
general meeting thereof by a vote of three-fourths of all the
members of the council, order the removal or demolition of
such dwelling, and the cleaning and clearing of the lands and
premises appurtenant thereto.
(3) A certified copy of the by-law shall be registered in the j^y.iaw °^
proper registry or land titles office and the clerk of the Cor-
poration shall thereafter cause notice of the by-law to be sent
by registered mail to the last-known address of the assessed
owner of the land described in the by-law and to all persons
appearing by the records of the said registry office or land
titles office and the office of the sheriff of the County of
Welland to have an interest therein and the owner or assessed
owner and any person appearing by the records of the said
registry office, land titles office or sheriff's office to have an
interest in the said land has a right of appeal to a judge of the Appeal
county court of the County of Welland from the decision of
the council to remove or demolish a dwelling by written notice
of appeal delivered to the clerk of the Corporation within
thirty days after the date of sending the notice of the by-law.
(4) the notice of the by-law shall include a copy of the notice"*^ °^
by-law and shall set out the method and time for appealing
from the decision of the council of the Corporation.
(5) Unless notice of an appeal is received by the clerk of the Building^
Corporation within the time stated in subsection 3, the decision inspector
of the council of the Corporation to remove or demolish the out order
dwelling, and clean and clear the lands appurtenant thereto,
may be carried out forthwith by the Building Inspector of the
Corporation on behalf of the Corporation, and for this pur-
pose the Corporation with its servants and agents may from
time to time enter upon the lands of the owner, and the
Corporation is not liable to compensate the owner or any
other person by reason of anything done by or on behalf of the
Corporation under the authority of this section.
(6) The amounts expended by or on behalf of the Corpora- ^^^^
tion in carrying out the decision of the council to remove or
demolish the dwelling, and to clean and clear the lands appur-
tenant thereto shall be a lien or charge upon the land described
in the by-law and the certification of the clerk of the Cor-
poration as to the amounts so expended shall be final and such
amounts shall be collected in the same manner and with the
same remedies as provided by The Assessment Act and The^^^^'l^^^'
Department of Municipal Affairs Act for the collection of real
property taxes.
Pr6
Hearing of
appeal
(7) If the decision of the council of the Corporation is
appealed, the clerk of the Corporation shall obtain an appoint-
ment for a hearing before a judge of the county court of the
County of Welland and shall give notice thereof by such means
and to such persons as the judge may require.
Order of
judge
(8) After hearing the persons who attend on the appeal, the
judge may confirm the decision of the council of the Cor-
poration and dismiss the appeal, in which case the Corpora-
tion may proceed forthwith to remove or demolish the
dwelling, and clean and clear the lands appurtenant thereto,
or the judge may make such other order as he deems advisable
in the circumstances.
Authority
to enter
and
inspect
6. Such municipal officer of the Corporation as is assigned
the responsibility of administering and enforcing the building
by-law of the Corporation or of any by-law to provide for the
safety of buildings or structures may, at all reasonable times
and upon producing proper identification, enter and inspect,
either by himself or accompanied by one assistant, any land,
building, structure or premises for the purpose of carrying out
any of his duties under such by-law or by-laws.
Anti-noise
by-laws
R.S.O. 1960,
c. 249
7." — (1) Notwithstanding paragraph 114 of subsection 1 of
section 379 of The Municipal Act, the council of the Cor-
poration may pass by-laws for regulating or prohibiting the
making or causing of noises or sounds anywhere within the
City of Niagara Falls that disturb, or tend to disturb, the
quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood, or of persons in the vicinity, or that are ob-
jectionable or liable to disturb the quiet, peace, rest, enjoy-
ment, comfort or convenience of individuals or the public, and
such by-laws may make different regulations or prohibitions
for different areas of the City of Niagara Falls and may
provide in exceptional cases that such noises may, with the
permission of the Mayor, be permitted for limited periods.
Motor
vehicles
(2) Without limiting the generality of subsection 1 and
subject to the approval of the Minister of Transport, the
council of the Corporation may pass by-laws prohibiting the
driving or operating of motor vehicles in the City of Niagara
Falls that create undue noise.
By-laws
re storm
water
8. The council of the Corporation may, and is declared to
have had the power to, pass by-laws to regulate and prohibit
in such area or areas of the City of Niagara Falls as may
appear proper the emptying of storm water into sewers
designated to carry sanitary sewage or the emptying of
sanitary sewage into sewers designated to carry storm water.
Pr6
9. — (1) In this section, "vehicle" means a vehicle as defined Jnterpre-
, tation
in The Highway Traffic Act. r.s.o. i960
c. 172
(2) The council of the Corporation may pass by-laws for p JbifcT^ ^^
prohibiting the parking of vehicles on all or part of any public ^^"^^^
lane and for prohibiting traffic thereon in any but one
direction.
10. The council of the Corporation may by by-law provide Protection
that any water supplied or made available for any land or
building for the purposes of protection of property or persons
from fire or for preventing fires or the spreading of fires shall
not be used for any other purpose, and may impose penalties
not exceeding $500 recoverable under The Summary Convic-^-f^-^^^^'
tions Act for a contravention of any of the provisions of such
by-law.
11. The council of the Corporation may pass by-laws ^/"^^jl^^^^^®^
prohibiting the sale of fruits, candy, peanuts, ice cream, ice ^^/^^iJ^s of
cream cones, frozen or iced milk, frozen or iced desserts, ments
potato chips, French fried potatoes or other refreshments or
confections from a basket or wagon, cart or other vehicle
upon any highway, or part of it, or in any public park or other
public place within the City of Niagara Falls or any defined
area or areas thereof.
12. The council of the Corporation may by by-law grant Mount*°
to the Trustees of Mount Carmel College an amount not§^[i^®g
exceeding $20,000 annually for a period of three years to
assist in the reconstruction and repair of Mount Carmel
College in the City of Niagara Falls, which was damaged by
fire on or about the 25th day of November, 1967.
13. The council of the Corporation may, out of current P^|?J^^^j*°j^g
revenues of the Corporation, in any year grant such sum or etc.
sums of money, not exceeding in the aggregate $10,000 in any
one year, in aid of institutions, associations or persons carrying
on or engaged in works, which in the opinion of the council
are for the general advantage of the inhabitants of the City
of Niagara Falls, and for which grant or grants there is no
express authority provided by any other Act.
14. — (1) Where farm lands containing not less than five p ^g'^^p^^j^^g
acres and used exclusively for farm purposes and having a special
greater frontage than 200 feet abutting directly on the work farm lands
are hereafter specially assessed with a special rate per foot of 200 feet
frontage imposed under The Local Improvement Act, The^^^^^^W^'
Municipal Act or The Ontario Water Resources Commission ^^'^
Act in respect of the owner's portion of the cost of construc-
tion of watermains, storm sewers, sanitary sewers, sidewalks
Pr6
8
or curbs, the council of the Corporation, upon the application
of the owner of such lands, may by by-law or by-laws post-
pone the payment of the amount of the special assessment
referable to such part of the assessed frontage of the said
lands in excess of 200 feet as the by-law may provide until
such time as the said lands cease to be used exclusively for
farm purposes.
Sum equal
to amount
of
postponed
assessments
to be levied
1962-63.
c. 175
(2) In each year during which payment of special assess-
ments has been postponed in accordance with this section,
there shall be levied and raised for the payment of part of the
principal and interest on any debentures issued to pay for the
cost of the work specially assessed, a sum equal to the aggre-
gate of the amounts of the special assessments for which pay-
ment has been postponed and such sum shall be levied and
raised in the manner provided in The Municipal Act upon all
rateable property in the urban service area of the City of
Niagara Falls as defined in The City of Niagara Falls Act,
1962-63 and as altered by by-laws of the Corporation ap-
proved by the Ontario Municipal Board.
When
postponed
amounts
become due
(3) When the lands in the opinion of the council of the
Corporation cease to be used exclusively for farm purposes,
the amount of any special assessment for which payment has
been postponed together with simple interest thereon at the
rate provided in any debentures issued to pay for the cost of
the work specially assessed, shall become due and payable
forthwith upon demand by the Corporation.
owne^r® *° (4) The clerk of the Corporation shall forthwith give notice
by registered mail to each assessed owner of land affected by a
by-law passed under subsection 1, and any demand under
subsection 3 shall be made by registered mail addressed to the
assessed owner.
Treasurer
to keep
record
(5) The treasurer of the Corporation shall keep a record
of all special assessments in respect of which a by-law has
been passed under subsection 1 and of the amounts of such
special assessments which have been paid and for which pay-
ment has been postponed, respectively, in each year.
Registration
of by-law
(6) Every by-law passed under subsection 1 shall be regis-
tered against the land affected in the proper registry or
land titles office.
Registration
of certificate
of payment
(7) Where a by-law postponing the payment of part of a
special assessment has been registered under subsection 6
and the whole of such special assessment has been paid to the
Corporation in respect of a particular parcel of land affected
Pr6
by the by-law, the Corporation shall register a certificate of
such payment against such parcel of land in the proper
registry or land titles office.
(8) Any person complaining that a demand under sub- IStenUon^
section 3 should not have been made, may, within fourteen *° *pp®^^
days after the mailing of such demand, notify the clerk of the
Corporation of his intention to appeal to the court of revision.
(9) The court of revision and the county judge, in anyon^^ppea!
appeal against a special assessment described in subsection 1
or a demand made under subsection 3, shall have regard to
the provisions of this Act.
(10) The provisions of The Assessment Act as to appeals ^g"^ ^^g^
to the court of revision and to the county court judge shall, c. 23
so far as applicable, regulate and govern the procedure to be
followed on appeals under this section.
(11) The court of revision and the county judge, in dealing ^°gY|^ ^^
with appeals under this section, have full power to decide court ^of
the amount, if any, of the frontage in excess of 200 feet in and judge
respect of which payment of the special assessment should be
postponed and whether or not lands have ceased to be used
exclusively for farm purposes, and the council of the Cor-
poration shall take such action including, where necessary,
the passing of any by-law or amending by-law as may be
required to give effect to such decision.
15. Part XXI of The Municipal Act applies to any by-laws ^/'p"''^*^*'''
passed under the authority of sections 4, 7, 8, 9 and 11 of R.s^o. i960,
this Act.
16. Section 2, and section 3, as amended by section 2 of gH^'a';' ^^^'
The City of Niagara Falls Act, 1931, of The City of Niagara ^^^^^^^^
Falls Act, 1922 are repealed.
17. This Act comes into force on the day it receives Royal SeST®''"®'
Assent.
18. This Act may be cited as The City of Niagara Falls Act, s^ort title
1968-69.
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BILL Pr6
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of Niagara Falls
Mr. Bukator
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr6 1968-69
An Act respecting the City of Niagara Falls
WHEREAS The Corporation of the City of Niagara Preamble
Falls, herein called the Corporation, by its petition
has prayed for special legislation in respect of the matters
hereinafter set forth; and whereas it is expedient to grant
the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) The council of the Corporation may enter into an ^^re^^j^ents
agreement with the owner or occupant of a building or from
I 1 i • !• r 1- 1- 1 require-
structure to be erected or used providmg tor reliet, to thements
extent set out in the agreement, from any requirement in any parkPng
by-law of the Corporation for the provision or maintenance of
parking facilities on land that is not part of a highway, and
exempting such owner or occupant, to the extent specified
in the agreement, from the necessity of providing or main-
taining such facilities.
(2) Every agreement referred to in subsection 1 shall, approved"*^
byO.M.B.
(a) be subject to the approval of the Ontario Municipal
Board given either before or after the execution
thereof; and
(b) require the payment to the Corporation of a sum of
money therein set out, either in a lump sum or by
instalments, together with interest at a rate therein
specified, and shall set forth the basis upon which the
sum is computed.
(3) All moneys paid or to be paid pursuant to an agree- J^J^®"*^
ment referred to in subsection 1 shall be paid into a special agreements
account and may be invested in such securities as a trustee fund for
may invest in under The Trustee Act, and the earnings derived of parking
from the investment of such moneys shall be paid into such ^*^g o^^jgeo
special account, and the moneys in such special account °- ^os
Pr6
shall be expended for the same purposes and in the same
manner as a reserve fund provided for in paragraph 67 of
R.s^o. I960, section 377 of The Municipal Act.
Registration
of
agreement
imposes
lien on
land
(4) Any such agreement may be registered against the land
affected thereby in the proper registry or land titles office,
and, when so registered, the amounts payable under such an
agreement until paid shall be a lien or charge upon the lands
described therein and may be collected in the same manner
and with the same remedies as provided by The Assessment
oo'.^2?,' 98^°' -Act and The Department of Municipal Affairs Act for the
collection of real property taxes, and, upon payment in full
of the moneys to be paid under the agreement or upon ter-
mination of the agreement, there shall be registered in the
proper registry or land titles office against such lands a
certificate from the clerk of the Corporation stating that the
moneys to be paid under the agreement have been fully paid
or that the agreement has been terminated.
Audit of
fund
(5) The city auditor in his annual report shall report on
the activities and position of any special account established
under this section.
By-law
levying
parking
lot cost
against
defined
area
2. Where the council of the Corporation, with the approval
of the Ontario Municipal Board, has passed a by-law under
paragraph 67 of section 377 of The Municipal Act, which
provides that the capital cost or any part thereof, the annual
rental payable under any lease or any operating deficit in the
previous year shall be levied against specified parcels of land
within a defined area and, subsequent to the effective date
of the by-law imposing the levy, the council is of the opinion
that.
(a) there has been an increase or decrease in the special
benefit derived therefrom by a parcel of land in the
defined area against which a portion of the cost has
been levied;
(6) a parcel of land in the defined area has begun to
derive or has ceased to derive a special benefit
therefrom; or
(c) a parcel of land outside the defined area has begun
to derive a special benefit therefrom,
the council may at any time and from time to time by a further
by-law, passed with the approval of the Ontario Municipal
Board,
{d) redefine the area in the municipality that, in the
Pr6
opinion of the council, contains the lands that
derive a special benefit from the by-law; or
(e) re-apportion the balance of the cost mentioned in
subclause i of clause g of paragraph 67 of section 377
of The Municipal Act, so that such cost shall be^|49" ^^^°'
apportioned against each parcel of land that, in the
opinion of the council, derives such special benefit.
3. — (1) In this section, "drainage works" and "main- interpre-
tenance" mean drainage works and maintenance as defined
in The Drainage Act, 1962-63. c^ll'^^'
(2) Notwithstanding The Drainage Act, 1962-63, the council au^thoSling
of the Corporation may pass by-laws to authorize the main- maintenance
tenance of all drainage works in the City of Niagara Falls or works
in any defined area thereof, and to provide that the cost of
such maintenance shall be charged and collected by a special
rate sufficient therefor, levied upon all the rateable property
in the City of Niagara Falls or in any such defined area.
(3) By-laws passed under subsection 2 may authorize all ^^®"^
persons engaged in such works to enter upon such lands
within the City of Niagara Falls as may be necessary therefor,
without leave or consent of the owner or any other person,
provided that no person shall cause any unnecessary damage
to any property in so doing.
(4) No by-law passed under this section shall be repealed, idem
4. — (1) In this section, "municipal works" includes side- ^atfj^'^®'
walks, curbing, gutters, culverts, and paved boulevards.
(2) The council of the Corporation may, and is declared to£^jP°^*[®
have had the power to, pass by-laws for regulating the crossing sidewalks,
of municipal works by vehicles, machinery or equipment of issue of
any kind delivering materials to or removing materials from permit^
or performing work on abutting lands on, to or from which
any building or structure is being erected, altered, repaired,
demolished or moved and for requiring the owners of such
abutting lands, upon any application for the issuing of a per-
mit certifying to the approval of the plans of a building or
structure to be erected, altered or repaired thereon or upon
any application for a permit to demolish or move a building
or structure thereon or therefrom, to pay to the Corporation
a sum of money not to exceed $5 per foot of the limit of the
lot abutting directly on such municipal works as a deposit to
meet the cost of repairing any damage to the municipal works
or to any water service box or other service or utility of the
Corporation caused during the erection, alteration, repair,
demolition or removal of such building or structure.
Pr6
4
Refund
(3) Where a by-law passed under this section requires the
payment of a deposit to meet the cost of repairing damage to
municipal works or to any water service box or other service
or utility of the Corporation, the by-law shall provide that
upon the completion of the erection, alteration, repair or
removal and upon application by the person by whom the
deposit was paid, the amount by which the sum deposited
exceeds the cost of such repairs shall forthwith be refunded.
deposit^*^ (4) Where any moneys heretofore or hereafter paid to the
Corporation to cover the cost of repairs to municipal works or
to any water service box or other service or utility of the
Corporation, remain unclaimed in the hands of the treasurer
of the Corporation for a period of six years, the treasurer of
the Corporation may insert in any newspaper having general
circulation in the City of Niagara Falls a notice containing a
list of such unclaimed moneys and stating that all persons
having any claim to any of such moneys are required to prove
their claims within ninety days from the publication of the
notice, and, upon the expiration of ninety days from the
publication of such notice, the treasurer of the Corporation
may transfer all of such moneys against which no claim has
been made to the general funds of the Corporation free of and
from any and all claims of any kind whatsoever.
Cost of
prevention
(5) Without limiting the generality of subsection 1, a
by-law passed under this section may require that the owner
or occupier of the lands take all necessary steps to prevent
building material, waste or soil from being spilled or tracked
onto the public streets by vehicles, machinery or equipment
going to or coming from the lands during the course of the
erection, alteration, repair, demolition or removal and may
provide that, in addition to any penalty otherwise provided
by law, the owner or occupier shall be responsible to the Cor-
poration for the cost of removing such building material,
waste or soil and the cost may be deducted from the deposit.
Interpre-
tation
5. — (1) In this section, "dwelling" means any building,
part of a building, tent, trailer or other covering or structure
and the contents thereof, the whole or any portion of which
has been used, is used or is capable of being used for the
purposes of human habitation, with the land and premises
appurtenant thereto and all outbuildings, fences or erections
thereon or therein.
Order for
demolition
of dwelling
R.S.O. 1960,
0. 321
(2) Upon the expiration of one year following the closing
of any dwelling, pursuant to section 99 of The Public Health
Act, as unfit for human habitation or dangerous to health,
and upon the report of the medical officer of health that such
dwelling is unfit for human habitation or dangerous to health,
Pr6
the council of the Corporation may, by by-law passed at any
general meeting thereof by a vote of three-fourths of all the
members of the council, order the removal or demolition of
such dwelling, and the cleaning and clearing of the lands and
premises appurtenant thereto.
(3) A certified copy of the by-law shall be registered in the ^y^^^-^ °^
proper registry or land titles office and the clerk of the Cor-
poration shall thereafter cause notice of the by-law to be sent
by registered mail to the last-known address of the assessed
owner of the land described in the by-law and to all persons
appearing by the records of the said registry office or land
titles office and the office of the sheriff of the County of
Welland to have an interest therein and the owner or assessed
owner and any person appearing by the records of the said
registry office, land titles office or sheriff's office to have an
interest in the said land has a right of appeal to a judge of the A-PPeai
county court of the County of Welland from the decision of
the council to remove or demolish a dwelling by written notice
of appeal delivered to the clerk of the Corporation within
thirty days after the date of sending the notice of the by-law.
(4) the notice of the by-law shall include a copy of the notice"*^ °^
by-law and shall set out the method and time for appealing
from the decision of the council of the Corporation.
(5) Unless notice of an appeal is received by the clerk of the Building^
Corporation within the time stated in subsection 3, the decision inspector
^ .to carry
of the council of the Corporation to remove or demolish the out order
dwelling, and clean and clear the lands appurtenant thereto,
may be carried out forthwith by the Building Inspector of the
Corporation on behalf of the Corporation, and for this pur-
pose the Corporation with its servants and agents may from
time to time enter upon the lands of the owner, and the
Corporation is not liable to compensate the owner or any
other person by reason of anything done by or on behalf of the
Corporation under the authority of this section.
(6) The amounts expended by or on behalf of the Corpora- ^^®"
tion in carrying out the decision of the council to remove or
demolish the dwelling, and to clean and clear the lands appur-
tenant thereto shall be a lien or charge upon the land described
in the by-law and the certification of the clerk of the Cor-
poration as to the amounts so expended shall be final and such
amounts shall be collected in the same manner and with the
same remedies as provided by The Assessment Act and The ^^f 23', os^^'
Department of Municipal Affairs Act for the collection of real
property taxes.
Pr6
Hearing of
appeal
(7) If the decision of the council of the Corporation is
appealed, the clerk of the Corporation shall obtain an appoint-
ment for a hearing before a judge of the county court of the
County of Welland and shall give notice thereof by such means
and to such persons as the judge may require.
Order of
judge
(8) After hearing the persons who attend on the appeal, the
judge may confirm the decision of the council of the Cor-
poration and dismiss the appeal, in which case the Corpora-
tion may proceed forthwith to remove or demolish the
dwelling, and clean and clear the lands appurtenant thereto,
or the judge may make such other order as he deems advisable
in the circumstances.
Authority
to enter
and
inspect
6. Such municipal officer of the Corporation as is assigned
the responsibility of administering and enforcing the building
by-law of the Corporation or of any by-law to provide for the
safety of buildings or structures may, at all reasonable times
and upon producing proper identification, enter and inspect,
either by himself or accompanied by one assistant, any land,
building, structure or premises for the purpose of carrying out
any of his duties under such by-law or by-laws.
by-Vaws^** 7. — (1) Notwithstanding paragraph 114 of subsection 1 of
^■249" ^^^^' section 379 of The Municipal Act, the council of the Cor-
poration may pass by-laws for regulating or prohibiting the
making or causing of noises or sounds anywhere within the
City of Niagara Falls that disturb, or tend to disturb, the
quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood, or of persons in the vicinity, or that are ob-
jectionable or liable to disturb the quiet, peace, rest, enjoy-
ment, comfort or convenience of individuals or the public, and
such by-laws may make different regulations or prohibitions
for different areas of the City of Niagara Falls and may
provide in exceptional cases that such noises may, with the
permission of the Mayor, be permitted for limited periods.
Motor
vehicles
(2) Without limiting the generality of subsection 1 and
subject to the approval of the Minister of Transport, the
council of the Corporation may pass by-laws prohibiting the
driving or operating of motor vehicles in the City of Niagara
Falls that create undue noise.
By-laws
re storm
water
8. The council of the Corporation may, and is declared to
have had the power to, pass by-laws to regulate and prohibit
in such area or areas of the City of Niagara Falls as may
appear proper the emptying of storm water into sewers
designated to carry sanitary sewage or the emptying of
sanitary sewage into sewers designated to carry storm water.
Pr6
9. — (1) In this section, "vehicle" means a vehicle as defined Jatkm"^^'
in The Highway Traffic Act. r.s.o. i960,
c. 172
(2) The council of the Corporation may pass by-laws for p^bifc^^ ^^
prohibiting the parking of vehicles on all or part of any public ^^'^^^
lane and for prohibiting traffic thereon in any but one
direction.
10. The council of the Corporation may pass by-laws ^^0^^^^^^**°*^
prohibiting the sale of fruits, candy, peanuts, ice cream, ice vending of
cream cones, frozen or iced milk, frozen or iced desserts, ments
potato chips, French fried potatoes or other refreshments or
confections from a basket or wagon, cart or other vehicle
upon any highway, or part of it, or in any public park or other
public place within the City of Niagara Falls or any defined
area or areas thereof.
11. The council of the Corporation may, out of current Grants to
- , „ . . ^ ■' institutions
revenues or the Corporation, m any year grant such sum or etc.
sums of money, not exceeding in the aggregate $10,000 in any
one year, in aid of institutions, associations or persons carrying
on or engaged in works, which in the opinion of the council
are for the general advantage of the inhabitants of the City
of Niagara Falls, and for which grant or grants there is no
express authority provided by any other Act.
12.— (1) Where farm lands containing not less than five p^g'tponing
acres and used exclusively for farm purposes and having a^P®^'^^
greater frontage than 200 feet abutting directly on the work farm lands
1 f ■ 11 1-1 -1 r '" excess
are hereafter specially assessed with a special rate per foot of 200 feet
frontage imposed under The Local Improvement Act, j^'^e ^■^2^3 ^Ifg"
Municipal Act or The Ontario Water Resources Commission ^^^
Act in respect of the owner's portion of the cost of construc-
tion of watermains, storm sewers, sanitary sewers, sidewalks
or curbs, the council of the Corporation, upon the application
of the owner of such lands, may by by-law or by-laws post-
pone the payment of the amount of the special assessment
referable to such part of the assessed frontage of the said
lands in excess of 200 feet as the by-law may provide until
such time as the said lands cease to be used exclusively for
farm purposes.
(2) In each year during which payment of special assess- fo"a\noLint
ments has been postponed in accordance with this section, ^f^^p^^^^
there shall be levied and raised for the payment of part of the assessments
... . ^ to be levied
principal and interest on any debentures issued to pay for the
cost of the work specially assessed, a sum equal to the aggre-
gate of the amounts of the special assessments for which pay-
ment has been postponed and such sum shall be levied and
Pr6
8
1962-63,
c. 175
raised in the manner provided in The Municipal Act upon all
rateable property in the urban service area of the City of
Niagara Falls as defined in The City of Niagara Falls Act,
1962-63 and as altered by by-laws of the Corporation ap-
proved by the Ontario Municipal Board.
When
postponed
amounts
become due
(3) When the lands in the opinion of the council of the
Corporation cease to be used exclusively for farm purposes,
the amount of any special assessment for which payment has
been postponed together with simple interest thereon at the
rate provided in any debentures issued to pay for the cost of
the work specially assessed, shall become due and payable
forthwith upon demand by the Corporation and all sums so
received shall, during the currency of any such debentures, be
applied on account of the amount being levied for annual
instalments of principal and interest on such debentures
against the rateable property in the urban service area and
after such debentures have been retired shall be applied in
reduction of the general urban service area rate.
Notice to
owner
(4) The clerk of the Corporation shall forthwith give notice
by registered mail to each assessed owner of land affected by a
by-law passed under subsection 1, and any demand under
subsection 3 shall be made by registered mail addressed to the
assessed owner.
Treasurer
to keep
record
(5) The treasurer of the Corporation shall keep a record
of all special assessments in respect of which a by-law has
been passed under subsection 1 and of the amounts of such
special assessments which have been paid and for which pay-
ment has been postponed, respectively, in each year.
Registration
of by-law
(6) Every by-law passed under subsection 1 shall be regis-
tered against the land affected in the proper registry or
land titles office.
Registration
of certificate
of payment
(7) Where a by-law postponing the payment of part of a
special assessment has been registered under subsection 6
and the whole of such special assessment has been paid to the
Corporation in respect of a particular parcel of land affected
by the by-law, the Corporation shall register a certificate of
such payment against such parcel of land in the proper
registry or land titles office.
Notice of
intention
to appeal
(8) Any person complaining that a demand under sub-
section 3 should not have been made, may, within fourteen
days after the mailing of such demand, notify the clerk of the
Corporation of his intention to appeal to the court of revision.
Pr6
9
(9) The court of revision and the county judge, in any ^^°°®<J^";^^®
appeal against a special assessment described in subsection 1
or a demand made under subsection 3, shall have regard to
the provisions of this Act.
(10) The provisions of The Assessment Act as to appeals idem
to the court of revision and to the county court judge shall, c.'23. ^^'
so far as applicable, regulate and govern the procedure to be
followed on appeals under this section.
(11) The court of revision and the county judge, in dealing ^^g^|^ j^^
with appeals under this section, have full power to decide court of
T fir • f t\rv f • revision
the amount, if any, of the frontage m excess of 200 feet m and judge
respect of which payment of the special assessment should be
postponed and whether or not lands have ceased to be used
exclusively for farm purposes, and the council of the Cor-
poration shall take such action including, where necessary,
the passing of any by-law or amending by-law as may be
required to give effect to such decision.
13. Part XXI of The Municipal Act applies to any by-laws Application
passed under the authority of sections 4, 7, 8, 9 and 10 of Rs.o. i960,
this Act. . °- ^^^
14. Section 2, and section 3 as amended by section 2 ofg^^f's; ^^®'
The City of Niagara Falls Act, 1931, of The City of Niagara ^^'^^^^^^''^
Falls Act, 1922 are repealed.
15. This Act comes into force on the day it receives Royal ment"^"'^®"
Assent.
16. This Act may be cited as The City of Niagara Falls Act, ^^ort title
1968-69.
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BILL Pr6
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of Niagara Falls
Mr. Bukator
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr6 1968-69
An Act respecting the City of Niagara Falls
WHEREAS The Corporation of the City of Niagara Preamble
Falls, herein called the Corporation, by its petition
has prayed for special legislation in respect of the matters
hereinafter set forth; and whereas it is expedient to grant
the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) The council of the Corporation may enter into an ^s^e^^^ents
agreement with the owner or occupant of a building or from
structure to be erected or used providing for relief, to thements
extent set out in the agreement, from any requirement in any parking
by-law of the Corporation for the provision or maintenance of
parking facilities on land that is not part of a highway, and
exempting such owner or occupant, to the extent specified
in the agreement, from the necessity of providing or main-
taining such facilities.
(2) Every agreement referred to in subsection 1 shall, approved'^*^
byO.M.B.
(a) be subject to the approval of the Ontario Municipal
Board given either before or after the execution
thereof; and
(b) require the payment to the Corporation of a sum of
money therein set out, either in a lump sum or by
instalments, together with interest at a rate therein
specified, and shall set forth the basis upon which the
sum is computed.
(3) All moneys paid or to be paid pursuant to an agree- ^^J^®"*^
ment referred to in subsection 1 shall be paid into a special agreements
account and may be invested in such securities as a trustee fund for
may invest in under The Trustee Act, and the earnings derived of parking
from the investment of such moneys shall be paid into such -^^so^ldeo
special account, and the moneys in such special account c- 408
Pr6
shall be expended for the same purposes and in the same
manner as a reserve fund provided for in paragraph 67 of
R.s^o. I960, section 377 of The Municipal Act.
Registration
of
agreement
imposes
lien on
land
(4) Any such agreement may be registered against the land
affected thereby in the proper registry or land titles office,
and, when so registered, the amounts payable under such an
agreement until paid shall be a lien or charge upon the lands
described therein and may be collected in the same manner
and with the same remedies as provided by The Assessment
oc'fai?,' 98^^' Act and The Department of Municipal Affairs Act for the
collection of real property taxes, and, upon payment in full
of the moneys to be paid under the agreement or upon ter-
mination of the agreement, there shall be registered in the
proper registry or land titles office against such lands a
certificate from the clerk of the Corporation stating that the
moneys to be paid under the agreement have been fully paid
or that the agreement has been terminated.
Audit of
fund
(5) The city auditor in his annual report shall report on
the activities and position of any special account established
under this section.
By-law
levying
parking
lot cost
against
defined
area
2. Where the council of the Corporation, with the approval
of the Ontario Municipal Board, has passed a by-law under
paragraph 67 of section 377 of The Municipal Act, which
provides that the capital cost or any part thereof, the annual
rental payable under any lease or any operating deficit in the
previous year shall be levied against specified parcels of land
within a defined area and, subsequent to the effective date
of the by-law imposing the levy, the council is of the opinion
that,
(a) there has been an increase or decrease in the special
benefit derived therefrom by a parcel of land in the
defined area against which a portion of the cost has
been levied;
{b) a parcel of land in the defined area has begun to
derive or has ceased to derive a special benefit
therefrom; or
(c) a parcel of land outside the defined area has begun
to derive a special benefit therefrom,
the council may at any time and from time to time by a further
by-law, passed with the approval of the Ontario Municipal
Board,
{d) redefine the area in the municipality that, in the
Pr6
I
i3
opinion of the council, contains the lands that
derive a special benefit from the by-law; or
(e) re-apportion the balance of the cost mentioned in
subclause i of clause g of paragraph 67 of section 377
of The Municipal Act, so that such cost shall be^-249* •^^®°'
apportioned against each parcel of land that, in the
opinion of the council, derives such special benefit.
3. — (1) In this section, "drainage works" and "main- interpre-
tenance" mean drainage works and maintenance as defined
in The Drainage Act, 1962-63. l^.ll'^^'
(2) Notwithstanding The Drainage Act, 1962-63, the council Jjft"io^i|in
of the Corporation may pass by-laws to authorize the main- maintenance
tenance of all drainage works in the City of Niagara Falls or works
in any defined area thereof, and to provide that the cost of
such maintenance shall be charged and collected by a special
rate sufficient therefor, levied upon all the rateable property
in the City of Niagara Falls or in any such defined area.
(3) By-laws passed under subsection 2 may authorize all ^'^^'^
persons engaged in such works to enter upon such lands
within the City of Niagara Falls as may be necessary therefor,
without leave or consent of the owner or any other person,
provided that no person shall cause any unnecessary damage
to any property in so doing.
(4) No by-law passed under this section shall be repealed, idem
4. — (1) In this section, "municipal works" includes side- Jatkm '^^"
walks, curbing, gutters, culverts, and paved boulevards.
(2) The council of the Corporation may, and is declared to JajP°*e {%
have had the power to, pass by-laws for regulating the crossing sidewalks,
of municipal works by vehicles, machinery or equipment of issue of
any kind delivering materials to or removing materials from permit ^
or performing work on abutting lands on, to or from which
any building or structure is being erected, altered, repaired,
demolished or moved and for requiring the owners of such
abutting lands, upon any application for the issuing of a per-
mit certifying to the approval of the plans of a building or
structure to be erected, altered or repaired thereon or upon
any application for a permit to demolish or move a building
or structure thereon or therefrom, to pay to the Corporation
a sum of money not to exceed $5 per foot of the limit of the
lot abutting directly on such municipal works as a deposit to
meet the cost of repairing any damage to the municipal works
or to any water service box or other service or utility of the
Corporation caused during the erection, alteration, repair,
demolition or removal of such building or structure.
Pr6
Refund
(3) Where a by-law passed under this section requires the
payment of a deposit to meet the cost of repairing damage to
municipal works or to any water service box or other service
or utility of the Corporation, the by-law shall provide that
upon the completion of the erection, alteration, repair or
removal and upon application by the person by whom the
deposit was paid, the amount by which the sum deposited
exceeds the cost of such repairs shall forthwith be refunded.
deposits^'^ (4) Where any moneys heretofore or hereafter paid to the
Corporation to cover the cost of repairs to municipal works or
to any water service box or other service or utility of the
Corporation, remain unclaimed in the hands of the treasurer
of the Corporation for a period of six years, the treasurer of
the Corporation may insert in any newspaper having general
circulation in the City of Niagara Falls a notice containing a
list of such unclaimed moneys and stating that all persons
having any claim to any of such moneys are required to prove
their claims within ninety days from the publication of the
notice, and, upon the expiration of ninety days from the
publication of such notice, the treasurer of the Corporation
may transfer all of such moneys against which no claim has
been made to the general funds of the Corporation free of and
from any and all claims of any kind whatsoever.
Cost of
prevention
(5) Without limiting the generality of subsection 1, a
by-law passed under this section may require that the owner
or occupier of the lands take all necessary steps to prevent
building material, waste or soil from being spilled or tracked
onto the public streets by vehicles, machinery or equipment
going to or coming from the lands during the course of the
erection, alteration, repair, demolition or removal and may
provide that, in addition to any penalty otherwise provided
by law, the owner or occupier shall be responsible to the Cor-
poration for the cost of removing such building material,
waste or soil and the cost may be deducted from the deposit.
Interpre-
tation
5. — (1) In this section, "dwelling" means any building,
part of a building, tent, trailer or other covering or structure
and the contents thereof, the whole or any portion of which
has been used, is used or is capable of being used for the
purposes of human habitation, with the land and premises
appurtenant thereto and all outbuildings, fences or erections
thereon or therein.
Order for
demolition
of dwelling
R.S.O. 1960,
c. 321
(2) Upon the expiration of one year following the closing
of any dwelling, pursuant to section 99 of The Public Health
Act, as unfit for human habitation or dangerous to health,
and upon the report of the medical officer of health that such
dwelling is unfit for human habitation or dangerous to health,
Pr6
the council of the Corporation may, by by-law passed at any
general meeting thereof by a vote of three-fourths of all the
members of the council, order the removal or demolition of
such dwelling, and the cleaning and clearing of the lands and
premises appurtenant thereto.
(3) A certified copy of the by-law shall be registered in the^j^.^^°^ °^
proper registry or land titles office and the clerk of the Cor-
poration shall thereafter cause notice of the by-law to be sent
by registered mail to the last-known address of the assessed
owner of the land described in the by-law and to all persons
appearing by the records of the said registry office or land
titles office and the office of the sheriff of the County of
Welland to have an interest therein and the owner or assessed
owner and any person appearing by the records of the said
registry office, land titles office or sheriff's office to have an
interest in the said land has a right of appeal to a judge of the ^-ppeai
county court of the County of Welland from the decision of
the council to remove or demolish a dwelling by written notice
of appeal delivered to the clerk of the Corporation within
thirty days after the date of sending the notice of the by-law.
(4) the notice of the by-law shall include a copy of the notice"*^ °^
by-law and shall set out the method and time for appealing
from the decision of the council of the Corporation.
(5) Unless notice of an appeal is received by the clerk of the sulidingf
Corporation within the time stated in subsection 3, the decision Jq^J^® r*°^
of the council of the Corporation to remove or demolish the out order
dwelling, and clean and clear the lands appurtenant thereto,
may be carried out forthwith by the Building Inspector of the
Corporation on behalf of the Corporation, and for this pur-
pose the Corporation with its servants and agents may from
time to time enter upon the lands of the owner, and the
Corporation is not liable to compensate the owner or any
other person by reason of anything done by or on behalf of the
Corporation under the authority of this section.
(6) The amounts expended by or on behalf of the Corpora- ^^^^
tion in carrying out the decision of the council to remove or
demolish the dwelling, and to clean and clear the lands appur-
tenant thereto shall be a lien or charge upon the land described
in the by-law and the certification of the clerk of the Cor-
poration as to the amounts so expended shall be final and such
amounts shall be collected in the same manner and with the
same remedies as provided by The Assessment Act and The ^^f 23^ It^^'
Department of Municipal Affairs Act for the collection of real
property taxes.
Pr6
Hearing of
appeal
(7) If the decision of the council of the Corporation is
appealed, the clerk of the Corporation shall obtain an appoint-
ment for a hearing before a judge of the county court of the
County of Welland and shall give notice thereof by such means
and to such persons as the judge may require.
Order of
judge
(8) After hearing the persons who attend on the appeal, the
judge may confirm the decision of the council of the Cor-
poration and dismiss the appeal, in which case the Corpora-
tion may proceed forthwith to remove or demolish the
dwelling, and clean and clear the lands appurtenant thereto,
or the judge may make such other order as he deems advisable
in the circumstances.
Authority
to enter
and
inspect
6. Such municipal officer of the Corporation as is assigned
the responsibility of administering and enforcing the building
by-law of the Corporation or of any by-law to provide for the
safety of buildings or structures may, at all reasonable times
and upon producing proper identification, enter and inspect,
either by himself or accompanied by one assistant, any land,
building, structure or premises for the purpose of carrying out
any of his duties under such by-law or by-laws.
by-laws 7.-^(l) Notwithstanding paragraph 114 of subsection 1 of
^'2^'^^^^' section 379 of The Municipal Act, the council of the Cor-
poration may pass by-laws for regulating or prohibiting the
making or causing of noises or sounds anywhere within the
City of Niagara Falls that disturb, or tend to disturb, the
quiet, peace, rest, enjoyment, comfort or convenience of the
neighbourhood, or of persons in the vicinity, or that are ob-
jectionable or liable to disturb the quiet, peace, rest, enjoy-
ment, comfort or convenience of individuals or the public, and
such by-laws may make different regulations or prohibitions
for different areas of the City of Niagara Falls and may
provide in exceptional cases that such noises may, with the
permission of the Mayor, be permitted for limited periods.
Motor
vehicles
(2) Without limiting the generality of subsection 1 and
subject to the approval of the Minister of Transport, the
council of the Corporation may pass by-laws prohibiting the
driving or operating of motor vehicles in the City of Niagara
Falls that create undue noise.
By-laws
re storm
water
8. The council of the Corporation may, and is declared to
have had the power to, pass by-laws to regulate and prohibit
in such area or areas of the City of Niagara Falls as may
appear proper the emptying of storm water into sewers
designated to carry sanitary sewage or the emptying of
sanitary sewage into sewers designated to carry storm water.
Pr6
9. — (1) In this section, "vehicle" means a vehicle as defined J'^.^f^P'"®"
in The Highway Traffic Act. r.s o. i960
c. 172
(2) The council of the Corporation may pass by-laws for p^bifc^^ ^^
prohibiting the parking of vehicles on all or part of any public '^"^^^
lane and for prohibiting traffic thereon in any but one
direction.
10. The council of the Corporation may pass by-laws Prohibition
prohibiting the sale of fruits, candy, peanuts, ice cream, ice sending of
cream cones, frozen or iced milk, frozen or iced desserts, ments
potato chips, French fried potatoes or other refreshments or
confections from a basket or wagon, cart or other vehicle
upon any highway, or part of it, or in any public park or other
public place within the City of Niagara Falls or any defined
area or areas thereof.
11. The council of the Corporation may, out of current Grants to
f . ^ . . , institutions
revenues ot the Corporation, in any year grant such sum or etc.
sums of money, not exceeding in the aggregate $10,000 in any
one year, in aid of institutions, associations or persons carrying
on or engaged in works, which in the opinion of the council
are for the general advantage of the inhabitants of the City
of Niagara F'alls, and for which grant or grants there is no
express authority provided by any other Act.
12. — (1) Where farm lands containing not less than five p^fg^p^^ing
acres and used exclusively for farm purposes and having a^Pf^iai
greater frontage than 200 feet abutting directly on the work farm lands
are hereafter specially assessed with a special rate per foot of 200 feet
frontage imposed under The Local Improvement Act, The^^-^^^^H^^
Municipal Act or The Ontario Water Resources Commission ^^^
Act in respect of the owner's portion of the cost of construc-
tion of watermains, storm sewers, sanitary sewers, sidewalks
or curbs, the council of the Corporation, upon the application
of the owner of such lands, may by by-law or by-laws post-
pone the payment of the amount of the special assessment
referable to such part of the assessed frontage of the said
lands in excess of 200 feet as the by-law may provide until
such time as the said lands cease to be used exclusively for
farm purposes.
(2) In each year during which payment of special assess- f^^j^^o^u^jft
ments has been postponed in accordance with this section, of ^
, iiiii'ii-i(- r ri postponed
there shall be levied and raised for the payment of part of the assessments
• • to t)6 iQVlSCl
principal and interest on any debentures issued to pay for the
cost of the work specially assessed, a sum equal to the aggre-
gate of the amounts of the special assessments for which pay-
ment has been postponed and such sum shall be levied and
Pr6
8
1962-63,
o. 175
raised in the manner provided in The Municipal Act upon all
rateable property in the urban service area of the City of
Niagara Falls as defined in The City of Niagara Falls Act,
1962-63 and as altered by by-laws of the Corporation ap-
proved by the Ontario Municipal Board.
When
postponed
amounts
become due
(3) When the lands in the opinion of the council of the
Corporation cease to be used exclusively for farm purposes,
the amount of any special assessment for which payment has
been postponed together with simple interest thereon at the
rate provided in any debentures issued to pay for the cost of
the work specially assessed, shall become due and payable
forthwith upon demand by the Corporation and all sums so
received shall, during the currency of any such debentures, be
applied on account of the amount being levied for annual
instalments of principal and interest on such debentures
against the rateable property in the urban service area and
after such debentures have been retired shall be applied in
reduction of the general urban service area rate.
Notice to
owner
(4) The clerk of the Corporation shall forthwith give notice
by registered mail to each assessed owner of land affected by a
by-law passed under subsection 1, and any demand under
subsection 3 shall be made by registered mail addressed to the
assessed owner.
Treasurer
to keep
record
(5) The treasurer of the Corporation shall keep a record
of all special assessments in respect of which a by-law has
been passed under subsection 1 and of the amounts of such
special assessments which have been paid and for which pay-
ment has been postponed, respectively, in each year.
of^by-*ia^'°" (6) Every by-law passed under subsection 1 shall be regis-
tered against the land affected in the proper registry or
land titles office.
Registration
of certificate
of payment
(7) Where a by-law postponing the payment of part of a
special assessment has been registered under subsection 6
and the whole of such special assessment has been paid to the
Corporation in respect of a particular parcel of land affected
by the by-law, the Corporation shall register a certificate of
such payment against such parcel of land in the proper
registry or land titles office.
Notice of
intention
to appeal
(8) Any person complaining that a demand under sub-
section 3 should not have been made, may, within fourteen
days after the mailing of such demand, notify the clerk of the
Corporation of his intention to appeal to the court of revision.
Pr6
(9) The court of revision and the county judge, in any ^^0°®'^"'"®
appeal against a special assessment described in subsection 1
or a demand made under subsection 3, shall have regard to
the provisions of this Act.
(10) The provisions of The Assessment Act as to appeals idem
to the court of revision and to the county court judge shall, ^fs^" ^^^^'
so far as applicable, regulate and govern the procedure to be
followed on appeals under this section.
(11) The court of revision and the county judge, in dealing ^^g^ld in
with appeals under this section, have full power to decide °ourt of
the amount, it any, of the frontage m excess of 200 feet m and judge
respect of which payment of the special assessment should be
postponed and whether or not lands have ceased to be used
exclusively for farm purposes, and the council of the Cor-
poration shall take such action including, where necessary,
the passing of any by-law or amending by-law as may be
required to give effect to such decision.
13. Part XXI of The Municipal Act applies to any by-laws Application
passed under the authority of sections 4, 7, 8, 9 and 10 of Rs.o. i960,
this Act. ""• '""
14. Section 2, and section 3 as amended by section 2 oiH^l'^] ^^®*
The City of Niagara Falls Act, 1931, of The City of Niagara "^^^^^^^'^
Falls Act, 1922 are repealed.
15. This Act comes into force on the day it receives Royal Sent°^"°^'
Assent.
16. This Act may be cited as The City of Niagara Falls Act, s**^'"' ""«
1968-69.
Pr6
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BILL Pr7
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting Bobier Convalescent Home
Mr. Spence
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr7 1968-69
An Act respecting Bobier Convalescent Home
WHEREAS The Corporation of the Village of Dutton Preamble
and The Corporation of the Township of Dunwich,
both in the County of Elgin, have by their petition represented
that by his last Will and Testament, Edward Bobier of the
Village of Dutton, Gentleman, who died on or about the 19th
day of November, 1947, did devise and bequeath to the
said corporations in trust his residence, lands and premises
on Station Street in the said Village of Dutton to be used as
a hospital for the care, assuagement, treatment and relief of
the people of the community who are sick, ill or in distress;
that the said corporations accepted the bequest and have
been operating the said residence as a convalescent home for
the people of the community and surrounding areas; and
whereas the petitioners have prayed for special legislation
in respect of the matters hereinafter set forth; and whereas
it is expedient to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The corporations of the Village of Dutton and the Je°emed^"°"^
Township of Dunwich, both in the County of Elgin, 3.re^^^°^^^^
deemed to have been empowered as and from the 19th day bequest
of November, 1947, to accept the bequest of Edward Bobier
made in his last Will and Testament.
2. The corporations of the Village of Dutton and the^^opeSon
Township of Dunwich may by agreement provide for the ^^j^^JJ^I''^"
joint operation and maintenance of a home known as the of Home
"Bobier Convalescent Home", herein called the Home, for
the care and treatment of persons who are sick, ill or in
distress.
3. — (1) The councils of the corporations of the Village of^°^^^^^
Dutton and the Township of Dunwich may appoint a board ment
of management for the Home, the members of which shall
hold office for a period of two years.
Pr7
Composi-
tion of
board
Board may
appoint
Superin-
tendent,
staff
(2) The board of management shall be composed of three
members, one member to be appointed by the council of the
Village of Button and two members to be appointed by
the council of the Township of Dunwich,
(3) In its management of the Home, the board may
appoint a Superintendent of the Home and such staff as is
necessary for the proper operation of the Home.
Defrayal
of costs
Apportion-
ment
Raising
of funds
Alternative
method of
raising
funds
4. — (1) The cost of renovations and enlargements of the
Home and any deficits incurred in operating the Home shall
be defrayed by the Village of Dutton and the Township of
Dunwich in proportion to the amounts of their assessments
according to their last assessment rolls as equalized by the
application of the equalization factor provided by the De-
partment of Municipal Affairs.
(2) The board of management shall apportion in each year
the amount that it estimates will be required for the operation
of the Home, and renovations and enlargements thereof,
between the Village of Dutton and the Township of Dunwich
and shall notify the clerk of each municipality of the amount
to be provided by that municipality.
(3) The Village of Dutton and the Township of Dunwich
shall, within ninety days after receipt of notice under sub-
section 2, determine the method that will be used in raising
the amounts required to be provided by them and shall take
such steps as are necessary to carry the determination into
effect and shall raise the amounts and shall pay them over
to the board of management, provided that neither the
village nor the township shall be required to provide any
moneys for renovations or enlargements to the Home unless
the councils of both municipalities have agreed in writing to
such renovations or enlargements.
5. — (1) The Ontario Municipal Board, upon the applica-
tion of the councils, may by order,
(a) authorize the Village of Dutton or the Township
of Dunwich to raise the whole amount required by
the issue of its debentures; or
(b) authorize the Village of Dutton and the Township
of Dunwich to raise the whole amount required by
the issue of their debentures in such amounts as the
Ontario Municipal Board orders,
and thereupon the municipalities shall raise the amount
required by the issue of debentures and shall pay the pro-
ceeds to the board of management.
Pr7
(2) Where debentures are issued to provide the whole ^pp^''^^°'^'
amount required as provided in subsection 1, the board of carrying
management shall, in each year during the currency of the
debentures, apportion the amount that will be required in
that year to pay the amount of principal and interest on the
debentures between the municipalities in proportion to the
amount of their assessments according to their last revised
assessment rolls as equalized by the application of the
equalization factor provided by the Department of Muni-
cipal Affairs, and shall include the amount to be provided
by each municipality as a separate item in its estimates
submitted to the clerks of the municipalities.
(3) The board of management shall in each year distribute ?/money8°"
the moneys received under subsection 2 to the municipality
that issued the debentures, or where both municipalities
issued debentures, to each municipality in the same propor-
tion as the amount raised by each municipality bore to the
total amount raised.
6. Nothing in this Act shall affect the provisions of ^^^ Jot ^affected
Nursing Homes Act, 1966 and the regulations made there-
under.
7. This Act comes into force on the day it receives Royal ment^^'^^^'
Assent.
8. This Act may be cited as The Bobier Convalescent short title
Home Act, 1968-69.
Pr7
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BILL Pr7
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting Bobier Convalescent Home
Mr. Spence
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr7 1968-69
An Act respecting Babier Convalescent Home
WHEREAS The Corporation of the Village of Button Preamble
and The Corporation of the Township of Dunwich,
both in the County of Elgin, have by their petition represented
that by his last Will and Testament, Edward Bobier of the
Village of Dutton, Gentleman, who died on or about the 19th
day of November, 1947, did devise and bequeath to the
said corporations in trust his residence, lands and premises
on Station Street in the said Village of Dutton to be used as
a hospital for the care, assuagement, treatment and relief of
the people of the community who are sick, ill or in distress;
that the said corporations accepted the bequest and have
been operating the said residence as a convalescent home for
the people of the community and surrounding areas; and
whereas the petitioners have prayed for special legislation
in respect of the matters hereinafter set forth; and whereas
it is expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The corporations of the Village of Dutton and the ^°em°^d^*'''"^
Township of Dunwich, both in the County of Elgin, are ^^p^^^®^®'^
deemed to have been empowered as and from the 19th day bequest
of November, 1947, to accept the bequest of Edward Bobier
made in his last Will and Testament.
2. The corporations of the Village of Dutton and the ^^reement^
Township of Dunwich may by agreement provide for the ^^j^^^l'"^'
joint operation and maintenance of a home known as the of Home
"Bobier Convalescent Home", herein called the Home, for
the care and treatment of persons who are sick, ill or in
distress.
3. — (1) The councils of the corporations of the Village of^°^^^^5
Dutton and the Township of Dunwich may appoint a board ment
of management for the Home, the members of which shall
hold office for a period of two years.
Pr7
Composi-
tion of
board
Board may
appoint
Superin-
tendent,
staff
(2) The board of management shall be composed of three
members, one member to be appointed by the council of the
Village of Dutton and two members to be appointed by
the council of the Township of Dunwich.
(3) In its management of the Home, the board may
appoint a Superintendent of the Home and such stafT as is
necessary for the proper operation of the Home.
Defrayal
of costs
Apportion-
ment
Raising
of funds
Alternative
method of
raising
funds
4. — (1) The cost of renovations and enlargements of the
Home and any deficits incurred in operating the Home shall
be defrayed by the Village of Dutton and the Township of
Dunwich in proportion to the amounts of their assessments
according to their last assessment rolls as equalized by the
application of the equalization factor provided by the De-
partment of Municipal Affairs.
(2) The board of management shall apportion in each year
the amount that it estimates will be required for the operation
of the Home, and renovations and enlargements thereof,
between the Village of Dutton and the Township of Dunwich
and shall notify the clerk of each municipality of the amount
to be provided by that municipality.
(3) The Village of Dutton and the Township of Dunwich
shall, within ninety days after receipt of notice under sub-
section 2, determine the method that will be used in raising
the amounts required to be provided by them and shall take
such steps as are necessary to carry the determination into
effect and shall raise the amounts and shall pay them over
to the board of management, provided that neither the
village nor the township shall be required to provide any
moneys for renovations or enlargements to the Home unless
the councils of both municipalities have agreed in writing to
such renovations or enlargements.
5. — (1) The Ontario Municipal Board, upon the applica-
tion of the councils, may by order,
(a) authorize the Village of Dutton or the Township
of Dunwich to raise the whole amount required by
the issue of its debentures; or
(b) authorize the Village of Dutton and the Township
of Dunwich to raise the whole amount required by
the issue of their debentures in such amounts as the
Ontario Municipal Board orders,
and thereupon the municipalities shall raise the amount
required by the issue of debentures and shall pay the pro-
ceeds to the board of management.
Pr7
(2) Where debentures are issued to provide the whole ^pp^'^^j.^'^"
amount required as provided in subsection 1, the board of carrying
1 11 • 1 1 • 1 r 1 charges
management shall, m each year durmg the currency of the
debentures, apportion the amount that will be required in
that year to pay the amount of principal and interest on the
debentures between the municipalities in proportion to the
amount of their assessments according to their last revised
assessment rolls as equalized by the application of the
equalization factor provided by the Department of Muni-
cipal Affairs, and shall include the amount to be provided
by each municipality as a separate item in its estimates
submitted to the clerks of the municipalities.
(3) The board of management shall in each year distribute ^f'moneys^"^
the moneys received under subsection 2 to the municipality
that issued the debentures, or where both municipalities
issued debentures, to each municipality in the same propor-
tion as the amount raised by each municipality bore to the
total amount raised.
6. Nothing in this Act shall affect the provisions of ^^^^ not ^affected
Nursing Homes Act, 1966 and the regulations made there-
under.
7. This Act comes into force on the day it receives Royal Sent"^"^"^
Assent.
8. This Act may be cited as The Bobier Convalescent short title
Home Act, 1968-69.
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BILL Pr8
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Lindsay
Mr. Hodgson (Victoria-Haliburton)
(Private Bill)
TORONTO
Printed and Published by Frank F'ogg, Queen's Printer
BILL Pr8 1968-69
An Act respecting the Town of Lindsay
WHEREAS The Corporation of the Town of Lindsay, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth; and whereas it is expedient to grant the prayer of
the petition;
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, "building" includes any building, part of aJatkfn'^®"
building or structure and the contents thereof, that is not
being occupied or used for industrial, commercial or residen-
tial purposes, with the land and premises appurtenant thereto
and all outbuildings, fences or erections thereon or therein.
2. The council of the Corporation may, by by-law passed ^Jmoution
at any general meeting thereof by a vote of three-fourths °^ building
of all the members of the council, order the removal or demoli-
tion of a building that is in a ruinous or dilapidated state.
3. Notice of the by-law shall be registered in the Registry ^°*^°^g^^
Office for the Registry Division of the County of Victoria
and notice shall thereafter be served upon the owner, the
mortgagee and any other encumbrancer appearing on the
registered title, and upon any execution creditor appearing
on the records of the sheriff's office, and the owner, mort-
gagee, encumbrancer or execution creditor has the right to*PP®*^
appeal to the judge of the county court of the County of
Victoria from the decision of the council to remove or demolish
the building by written notice of appeal delivered to the clerk
of the Corporation within thirty days after the date of service
of the notice of the by-law.
4. The notice of the by-law shall include a copy of the by- of°noti'c*e
law and shall set out the method and time for appealing from
the decision of the council of the Corporation.
Pr8
I
Power of
Town
Engineer
to carry
out order
5. Unless notice of an appeal is received by the clerk of the
Corporation within the time stated in section 3, the decision
of the council of the Corporation to remove or demolish
the building may be carried out forthwith by the Town
Engineer on behalf of the Corporation and for this purpose
the Corporation with its servants and agents may from time to
time enter upon the lands of the owner, and the Corporation
is not liable to compensate the owner, or any other person
by reason of anything done by or on behalf of the Corporation
under the authority of this section. '
Lien
6. The Corporation has a lien for the amount expended
by or on behalf of the Corporation in carrying out the decision
of the council to remove or demolish the building and the
certificate of the clerk of the Corporation as to the amount so
expended is final, and such amount shall be added to the
collector's roll of taxes for the current year and shall be
collected in the same manner as real property taxes.
Hearing
of appeal
7. If the decision of the council of the Corporation is
appealed, the clerk of the Corporation shall obtain an appoint-
ment for a hearing before the judge of the county court of
the County of Victoria and shall give notice thereof by such
means and to such persons as the judge may require.
Order of
judge
8. After hearing the persons who attend on the appeal, the
judge may confirm the decision of the council of the Cor-
poration and dismiss the appeal, in which case the Corpora-
tion may proceed forthwith to remove or demolish the build-
ing, or the judge may make such other order as he deems
advisable under the circumstances.
Commence-
ment
9. This Act comes into force on the day it receives Royal
Assent.
Short title
10. This Act may be cited as The Town of Lindsay Act,
1968-69.
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BILL Pr8
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Lindsay
Mr. Hodgson (Victoria-Haliburton)
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr8 1968-69
An Act respecting the Town of Lindsay
WHEREAS The Corporation of the Town of Lindsay, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth; and whereas it is expedient to grant the prayer of
the petition;
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, "building" includes any building, part of a-l^tioS^^'
building or structure and the contents thereof with the landl
and premises appurtenant thereto and all outbuildings, fences!
or erections thereon or therein.
2. The council of the Corporation may, by by-law passed cj^erjjf?^^^
at any general meeting thereof by a vote of three-fourths of building
of all the members of the council, order the removal or demoli-
tion of a building that is in a ruinous or dilapidated state and
has not been occupied for industrial, commercial or residential
purposes for a period of three years.
3. Notice of the by-law shall be registered in the Registry ^f°^y ®aw
Office for the Registry Division of the County of Victoria
and notice shall thereafter be served upon the owner, the
mortgagee and any other encumbrancer appearing on the
registered title, and upon any execution creditor appearing
on the records of the sherifif's office, and the owner, mort-
gagee, encumbrancer or execution creditor has the right to appeal
appeal to the judge of the county court of the County of
Victoria from the decision of the council to remove or demolish
the building by written notice of appeal delivered to the clerk
of the Corporation within thirty days after the date of service
of the notice of the by-law.
4. The notice of the by-law shall include a copy of the by- ^f°notfc*e
law and shall set out the method and time for appealing from
the decision of the council of the Corporation.
Pr8
z
Power of
Town
Engineer
to carry
out order
5. Unless notice of an appeal is received by the clerk of the
Corporation within the time stated in section 3, the decision
of the council of the Corporation to remove or demolish
the building may be carried out forthwith by the Town
Engineer on behalf of the Corporation and for this purpose
the Corporation with its servants and agents may from time to
time enter upon the lands of the owner, and the Corporation
is not liable to compensate the owner, or any other person
by reason of anything done by or on behalf of the Corporation
under the authority of this section.
Lien
6. The Corporation has a lien for the amount expended
by or on behalf of the Corporation in carrying out the decision
of the council to remove or demolish the building and the
certificate of the clerk of the Corporation as to the amount so
expended is final, and such amount shall be added to the
collector's roll of taxes for the current year and shall be
collected in the same manner as real property taxes.
Hearing
of appeal
7. If the decision of the council of the Corporation is
appealed, the clerk of the Corporation shall obtain an appoint-
ment for a hearing before the judge of the county court of
the County of Victoria and shall give notice thereof by such
means and to such persons as the judge may require.
Order of
judge
8. After hearing the persons who attend on the appeal, the
judge may confirm the decision of the council of the Cor-
poration and dismiss the appeal, in which case the Corpora-
tion may proceed forthwith to remove or demolish the build-
ing, or the judge may make such other order as he deems
advisable under the circumstances.
Commence-
ment
9. This Act comes into force on the day it receives Royal
Assent.
Short, title
10. This Act may be cited as The Town of Lindsay Act,
1968-69.
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BILL Pr8
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Lindsay
Mr. Hodgson (Victoria-Haliburton)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
4'
BILL Pr8 1968-69
An Act respecting the Town of Lindsay
WHEREAS The Corporation of the Town of Lindsay, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth; and whereas it is expedient to grant the prayer of
the petition;
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, "building" includes any building, part of ajatkfn™"
building or structure and the contents thereof with the land
and premises appurtenant thereto and all outbuildings, fences
or erections thereon or therein.
2. The council of the Corporation may, by by-law passed ^^^^'jj^^^jj
at any general meeting thereof by a vote of three-fourths of building
of all the members of the council, order the removal or demoli-
tion of a building that is in a ruinous or dilapidated state and
has not been occupied for industrial, commercial or residential
purposes for a period of three years.
3. Notice of the by-law shall be registered in the Registry Notice
Office for the Registry Division of the County of Victoria
and notice shall thereafter be served upon the owner, the
mortgagee and any other encumbrancer appearing on the
registered title, and upon any execution creditor appearing
on the records of the sheriff's office, and the owner, mort-
gagee, encumbrancer or execution creditor has the right to appeal
appeal to the judge of the county court of the County of
Victoria from the decision of the council to remove or demolish
the building by written notice of appeal delivered to the clerk
of the Corporation within thirty days after the date of service
of the notice of the by-law.
4. The notice of the by-law shall include a copy of the by- of*noti^e^
law and shall set out the method and time for appealing from
the decision of the council of the Corporation.
Pr8
Power of
Town
Engineer
to carry
out order
5. Unless notice of an appeal is received by the clerk of the
Corporation within the time stated in section 3, the decision
of the council of the Corporation to remove or demolish
the building may be carried out forthwith by the Town
Engineer on behalf of the Corporation and for this purpose
the Corporation with its servants and agents may from time to
time enter upon the lands of the owner, and the Corporation
is not liable to compensate the owner, or any other person
by reason of anything done by or on behalf of the Corporation
under the authority of this section.
Lien
6. The Corporation has a lien for the amount expended
by or on behalf of the Corporation in carrying out the decision
of the council to remove or demolish the building and the
certificate of the clerk of the Corporation as to the amount so
expended is final, and such amount shall be added to the
collector's roll of taxes for the current year and shall be
collected in the same manner as real property taxes.
Hearing
of appeal
7. If the decision of the council of the Corporation is
appealed, the clerk of the Corporation shall obtain an appoint-
ment for a hearing before the judge of the county court of
the County of Victoria and shall give notice thereof by such
means and to such persons as the judge may require.
Order of
judge
8. After hearing the persons who attend on the appeal, the
judge may confirm the decision of the council of the Cor-
poration and dismiss the appeal, in which case the Corpora-
tion may proceed forthwith to remove or demolish the build-
ing, or the judge may make such other order as he deems
advisable under the circumstances.
Commence-
ment
9. This Act comes into force on the day it receives Royal
Assent.
Short title
10. This Act may be cited as The Town of Lindsay Act,
1968-69.
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BILL Pr9
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting March Diamond Drilling Limited
Mr. Carton
(Private Bill)
TORONTO
Printicd and Published by Frank Fogg, Queen's Printer
BILL Pr9 1968-69
An Act respecting
March Diamond Drilling Limited
WHEREAS Cyril W. March, Daniel McLean and Donald Preamble
Graff by their petition have represented that March
Diamond Drilling Limited, herein called the Corporation,
was incorporated by letters patent dated the 25th day of
July, 1960; that the Provincial Secretary, by order dated the
24th day of November, 1966, and made under the authority
of subsection 2 of section 326 of The Corporations Act, cancelled ^-^f- ^^^°
the letters patent of the Corporation and declared it to be
dissolved on the 29th day of December, 1966; that the peti-
tioners were all the directors and holders of all the common
shares of the Corporation at the time of its dissolution; that
the notice of default in filing annual returns required by the
said subsection 2 of section 326 of The Corporations Act
was sent to each of the persons of record on the files of the
Department of the Provincial Secretary, of whom two,
namely, Cyril W. March and Donald Graff, are petitioners;
that the said notice was not received by Cyril W. March or
Donald Graff and neither of them was aware of the dissolution
of the Corporation until more than one year after the date
thereof; that the Corporation at the time of its dissolution
was actively carrying on the business authorized by its letters
patent; and whereas the petitioners have prayed for special
legislation reviving the Corporation; and whereas it is ex-
pedient to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. March Diamond Drilling Limited incorporated by ^^|!|^^j^jj
letters patent dated the 25th day of July, 1960 is hereby Drilling
revived and is, subject to any rights acquired by any person revived
after its dissolution, hereby restored to its legal position as a
company incorporated by letters patent, including all its
property, rights, privileges and franchises and subject to all
Pr9
its liabilities, contracts, disabilities and debts as at the date
of its dissolution in the same manner and to the same extent
as if it had not been dissolved.
Commence- 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3^ This Act may be cited as The March Diamond Drilling
Limited Act, 1968-69.
Pr9
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BILL Pr9
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting March Diamond Drilling Limited
Mr. Carton
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr9 1968-69
An Act respecting
March Diamond Drilling Limited
WHEREAS Cyril W. March, Daniel McLean and Donald Preamble
Graff by their petition have represented that March
Diamond Drilling Limited, herein called the Corporation,
was incorporated by letters patent dated the 25th day of
July, 1960; that the Provincial Secretary, by order dated the
24th day of November, 1966, and made under the authority
of subsection 2 of section 326 of The Corporations Act, cancelled ^fi^- ^^®°
the letters patent of the Corporation and declared it to be
dissolved on the 29th day of December, 1966; that the peti-
tioners were all the directors and holders of all the common
shares of the Corporation at the time of its dissolution; that
the notice of default in filing annual returns required by the
said subsection 2 of section 326 of The Corporations Act
was sent to each of the persons of record on the files of the
Department of the Provincial Secretary, of whom two,
namely, Cyril W. March and Donald Graff, are petitioners;
that the said notice was not received by Cyril W. March or
Donald Graff and neither of them was aware of the dissolution
of the Corporation until more than one year after the date
thereof; that the Corporation at the time of its dissolution
was actively carrying on the business authorized by its letters
patent; and whereas the petitioners have prayed for special
legislation reviving the Corporation; and whereas it is ex-
p)edient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. March Diamond Drilling Limited incorporated by^^^^j^^^
letters patent dated the 25th day of July, 1960 is hereby Drilling
revived and is, subject to any rights acquired by any person revived
after its dissolution, hereby restored to its legal position as a
company incorporated by letters patent, including all its
property, rights, privileges and franchises and subject to all
Pr9
its liabilities, contracts, disabilities and debts as at the date
of its dissolution in the same manner and to the same extent
as if it had not been dissolved.
Commence-
ment
2. This Act comes into force on the day it receives Royal
Assent.
Short title
3. This Act may be cited as The March Diamond Drilling
Limited Act, 1968-69.
Pr9
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BILL PrlO
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Parry Sound
Mr. Johnston (Parry Sound)
(Private Bill)
TORONTO
Printed and Published bv Frank Fogg, Queen's Printer
BILL PrlO 1968-69
An Act respecting the Town of Parry Sound
WHEREAS The Corporation of the Town of Parry P'"«^'"*^'«
Sound by its petition has represented that prior to
1963 the councils of the municipalities of the Town of Parry
Sound, the Village of Rosseau, the Township of Carling, the
Township of Christie, the Township of Foley, the Township
of Hagerman, the Township of Humphrey, the Township of
McDougall, the Township of McKellar and the Township
of McMurrich entered into an agreement for the construction
of a Home for the Aged, the cost of which was to be shared
by the said municipalities in proportion to their equalized
assessments made pursuant to The Homes for the Aged Act;^-^!^-^^^^'
that in 1963 the equalized assessment for the Township of
McDougall, one of the participating municipalities, was,
pursuant to The Homes for the Aged Act, substantially reduced
by the Department of Municipal Affairs from what it had
been in previous years; that under subsection 20 of section
104 of The Assessment Act an appeal by any municipality ^fa^' ^^^°'
from the last revised assessment as equalized for any purpose
by the Department of Municipal Affairs must be made within
thirty days after the mailing of the last revised assessment
rolls as equalized to the municipality; and whereas the peti-
tioner has prayed for special legislation to allow an appeal to
be made to the Ontario Municipal Board from the decision
of the Department of Municipal Affairs equalizing the assess-
ments in 1963 for the participating municipalities in order
to remedy any error or miscalculation that might have been
made; and whereas it is expedient to grant the prayer of the
petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding subsection 20 of section 104 of The^^^^}°
Assessment Act, the council of The Corporation of the Town R.s.o. i960,
of Parry Sound may appeal the decision of the Department
of Municipal Affairs made pursuant to The Homes for the Aged
Act equalizing the assessment for the municipalities on the
PrlO
west side of the Parry Sound District for the year 1963 to
the Ontario Municipal Board within ninety days after this
Act comes into force.
Commence-
ment
2. This Act comes into force on the day it receives Royal
Assent.
Short title 3. This Act may be cited as The Town of Parry Sound Act,
1968-69.
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BILL PrlO
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Parry Sound
Mr. Johnston (Parry Sound)
TORONTO
Printkd and Puhi.ishkd by Frank Fogg, Queen's Printer
BILL PrlO 1968-69
An Act respecting the Town of Parry Sound
WHEREAS The Corporation of the Town of Parry p™*'"'^^«
Sound by its petition has represented that prior to
1963 the councils of the municipalities of the Town of Parry
Sound, the Village of Rosseau, the Township of Carling, the
Township of Christie, the Township of Foley, the Township
of Hagerman, the Township of Humphrey, the Township of
McDougall, the Township of McKellar and the Township
of McMurrich entered into an agreement for the construction
of a Home for the Aged, the cost of which was to be shared
by the said municipalities in proportion to their equalized
assessments made pursuant to The Homes for the Aged Act\^-^;jl-^^^^'
that in 1963 the equalized assessment for the Township of
McDougall, one of the participating municipalities, was,
pursuant to The Homes for the Aged Act, substantially reduced
by the Department of Municipal Affairs from what it had
been in previous years; that under subsection 20 of section
104 of The Assessment Act an appeal by any municipality ^fs^" ^^^^•
from the last revised assessment as equalized for any purpose
by the Department of Municipal Affairs must be made within
thirty days after the mailing of the last revised assessment
rolls as equalized to the municipality; and whereas the peti-
tioner has prayed for special legislation to allow an appeal to
be made to the Ontario Municipal Board from the decision
of the Department of Municipal Affairs equalizing the assess-
ments in 1963 for the participating municipalities in order
to remedy any error or miscalculation that might have been
made; and whereas it is expedient to grant the prayer of the
petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding subsection 20 of section 104 of The^'^^^}''
Assessment Act, the council of The Corporation of the TownR.s.o. i960,
of Parry Sound may appeal the decision of the Department''*^' '
of Municipal Affairs made pursuant to The Homes for the Aged
Act equalizing the assessment for the municipalities on the
PrlO
west side of the Parry Sound District for the year 1963 to
the Ontario Municipal Board within ninety days after this
Act comes into force.
ment^^'^°^ 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3. This Act may be cited as The Town of Parry Sound Act,
1968-69.
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BILL Prll
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of Cornwall
Mr. Villeneuve
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prll 1968-69
An Act respecting the City of Cornwall
WHEREAS The Corporation of the City of Cornwall ^^^^""^'^
by its petition has prayed for special legislation in
respect of the matter hereinafter set forth; and whereas it
is expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. By-law Number 647/68 for The Corporation of the City f/^l^^^^
of Cornwall, set forth as the Schedule hereto, being a by-law ^evy^ ^ ^
1 r 1 ^ o ? 1 1 , validated
covenng the cost oi the Guy Street storm sewer, is declared
to be legal, valid and binding upon the Corporation and the
ratepayers and inhabitants thereof.
2. This Act comes into force on the day it receives Royal ^g^^"®"^®"
Assent.
3. This Act may be cited as The City of Cornwall Act, ^*'°''* *'"^
1968-69.
Prll
SCHEDULE
By-law Number 647
FOR THE CORPORATION OF THE CITY OF CORNWALL
FOR THE YEAR 1968
A By-law to reduce the levy covering the cost of the storm sewer on Guy
Street from Fourth Street to LaSalle Road in the City of Cornwall.
Whereas the Corporation of the City of Cornwall, by By-law Number
1932/66, authorized the construction of a storm sewer on Guy Street from
Fourth Street to LaSalle Road in the said City of Cornwall, at an estimated
cost of $29,132.12 pursuant to The Local Improvement Act, which by-law
directed that the special assessment be paid in ten annual instalments;
And Whereas the final report of the City Engineer, as revised, found
that the actual cost of the work was $40,199.60 and directed that the cost
of the work be charged against the abutting property at an equal rate per
foot frontage in the sum of $8.2227 per foot frontage;
And Whereas the first levy was made in 1968 and the last levy is
due to be made in 1977;
And Whereas the Corporation of the City of Cornwall paid for the
cost of the said work out of a reserve capital fund — debentures were not
issued ;
And Whereas the said work was, in effect, a trunk sewer designed to
service a much greater area than the area assessed, which resulted in a cost
much higher than was estimated;
And Whereas the owners have applied to the Council of the Cor-
poration of the City of Cornwall to relieve them from part of the cost of
the said work for the years 1968 to 1977 inclusive.
Now, Therefore, the Council of the Corporation of the City of
Cornwall enacts as follows: —
1. There shall be collected against the persons specially assessed under
the Engineer's Report, as finally revised, which Report was prepared
pursuant to said By-law Number 1932/66, a sum calculated at the rate of
$6.00 per foot frontage, and not at the rate of $8.2227 per foot frontage as
set out in the said Report, for the years 1968 to 1977 inclusive.
Passed, Signed and Sealed in Open Council this 15th day of October,
1968.
Mayor.
Clerk.
Prll
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BILL Prll
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Cornwall
Mr. Villeneuve
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prll 1968-69
An Act respecting the City of Cornwall
WHEREAS The Corporation of the City of Cornwall ^'■*^"'*'^«
by its petition has prayed for special legislation in
respect of the matter hereinafter set forth; and whereas it
is expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. By-law Number 647/68 for The Corporation of the City f/^^^^^e
of Cornwall, set forth as the Schedule hereto, being a by-law i^^jy^^^.^^
covering the cost of the Guy Street storm sewer, is declared
to be valid and binding upon the Corporation and the
ratepayers and inhabitants thereof.
2. This Act comes into force on the day it receives Royal ^e™™®"^"®'
Assent.
3. This Act may be cited as The City of Cornwall Act, ®*''''"* ""*
1968-69.
Prll
SCHEDULE
By-law Number 647
KOR THE CORPORATION OF THE CITY OF CORNWALL
FOR THE YEAR 1968
A By-law to reduce the levy covering the cost of the storm sewer on Guy
Street from Fourth Street to LaSalle Road in the City of Cornwall.
Whereas the Corporation of the City of Cornwall, by By-law Number
1932/66, authorized the construction of a storm sewer on Guy Street from
F'ourth Street to LaSalle Road in the said City of Cornwall, at an estimated
cost of $29,132.12 pursuant to The Local Improvement Act, which by-law
directed that the special assessment be paid in ten annual instalments;
And Whereas the final report of the City Engineer, as revised, found
that the actual cost of the work was $40, 199.60 and directed that the cost
of the work be charged against the abutting property at an equal rate per
foot frontage in the sum of $8.2227 per foot frontage;
And Whereas the first levy was made in 1968 and the last levy is
due to be made in 1977;
And Whereas the Corporation of the City of Cornwall paid for the
cost of the said work out of a reserve capital fund — debentures were not
issued ;
And Whereas the said work was, in effect, a trunk sewer designed to
service a much greater area than the area assessed, which resulted in a cost
much higher than was estimated;
And Whereas the owners have applied to the Council of the Cor-
poration of the City of Cornwall to relieve them from part of the cost of
the said work for the years 1968 to 1977 inclusive.
Now, Therefore, the Council of the Corporation of the City of
Cornwall enacts as follows: —
1. There shall be collected against the persons specially assessed under
the Engineer's Report, as finally revised, which Report was prepared
Pursuant to said By-law Number 1932/66, a sum calculated at the rate of
6.00 per foot frontage, and not at the rate of $8.2227 per foot frontage as
set out in the said Report, for the years 1968 to 1977 inclusive.
Passed, Signed and Sealed in Open Council this 15th day of October,
1968.
Mayor.
Clerk.
Prll
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BILL Prll
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Cornwall
Mr. Villeneuve
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prll 1968-69
An Act respecting the City of Cornwall
WHEREAS The Corporation of the City of Cornwall P^^^mbie
by its petition has prayed for special legislation in
respect of the matter hereinafter set forth; and whereas it
is expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. By-law Number 647/68 for The Corporation of the City f/;^^'^ce
of Cornwall, set forth as the Schedule hereto, being a by-law J^^y^g^^^^
covering the cost of the Guy Street storm sewer, is declared
to be valid and binding upon the Corporation and the
ratepayers and inhabitants thereof.
2. This Act comes into force on the day it receives Royal Sent"®"*'*'
Assent.
3. This Act may be cited as The City of Cornwall Act,
1968-69.
Short title
Prll
SCHEDULE
Bv-LAw Number 647
FOR THE CORPORATION OF THE CITY OF CORNWALL
FOR THE YEAR 1968
A By-law to reduce the levy covering the cost of the storm sewer on Guy
Street from Fourth Street to LaSalle Road in the City of Cornwall.
Whereas the Corporation of the City of Cornwall, by By-law Number
1932/66, authorized the construction of a storm sewer on Guy Street from
Fourth Street to LaSalle Road in the said City of Cornwall, at an estimated
cost of $29,132.12 pursuant to The Local Improvement Act, which by-law
directed that the special assessment be paid in ten annual instalments;
And Whereas the final report of the City Engineer, as revised, found
that the actual cost of the work was $40,199.60 and directed that the cost
of the work be charged against the abutting property at an equal rate per
foot frontage in the sum of $8.2227 per foot frontage;
And Whereas the first levy was made in 1968 and the last levy is
due to be made in 1977;
And Whereas the Corporation of the City of Cornwall paid for the
cost of the said work out of a reserve capital fund — debentures were not
issued ;
And Whereas the said work was, in effect, a trunk sewer designed to
service a much greater area than the area assessed, which resulted in a cost
much higher than was estimated;
And Whereas the owners have applied to the Council of the Cor-
poration of the City of Cornwall to relieve them from part of the cost of
the said work for the years 1968 to 1977 inclusive.
Now, Therefore, the Council of the Corporation of the City of
Cornwall enacts as follows: —
1. There shall be collected against the persons specially assessed under
the Engineer's Report, as finally revised, which Report was prepared
pursuant to said By-law Number 1932/66, a sum calculated at the rate of
$6.00 per foot frontage, and not at the rate of $8.2227 per foot frontage as
set out in the said Report, for the years 1968 to 1977 inclusive.
Passed, Signed and Sealed in Open Council this 15th day of October,
1968.
Mayor.
Clerk.
Prll
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BILL Prl2
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Toronto
Mr. Price
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
I
BILL Prl2 1968-69
An Act respecting the City of Toronto
WHEREAS The Corporation of the City of Toronto, ^'■^^"^^^^
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth ; and whereas it is expedient to grant the prayer
of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Notwithstanding any general or special Act, the Cor- Letting of
poration may let from year to year, or for any time not ex- operate
,. 1 • t f means of
ceedmg ten years, the right to operate means ot conveyance conveyance
within a public park under the jurisdiction of the Corporation, authorized
other than on any highway as defined in The Municipal Act,^-^-^- 1960,
subject to such regulations as the Corporation may prescribe.
2.— (1) For the purposes of subsection 8, "householder" J^*?J"P''®"
means the person who, at the date of the by-law passed
pursuant to subsection 2, occupies and is assessed as owner
or tenant of a dwelling or apartment house separately occu-
pied as a dwelling on the latest assessment roll of the muni-
cipality returned by the assessor to the clerk as of the date
of the said by-law.
(2) Notwithstanding The Municipal Act, where a vacancy vacancy in
on the council of the Corporation occurs in the office of alder- alderman
man and an election to fill the vacancy has not been ordered for, fixing
in a judicial proceeding, a by-election shall be held to fiUhour^of
such vacancy for the remainder of the term and, notwith- ^^^''^^^
standing The Municipality of Metropolitan Toronto Act,^-^-^'^^^^-
council shall by by-law fix the day and hours for the polling
and such by-law shall be enacted by the council not less than
sixty days before the day for polling.
(3) Where in a year in which an election is to be held a vacancy not
vacancy occurs in the office of alderman after the 31st day of
March, a by-election shall not be held and such vacancy shall
not be filled.
to be fliled
Prl2
Time, hours
and place of
nomination
R.S.O. 1960,
o. 260
(4) Notwithstanding The Municipality of Metropolitan
Toronto Act, the council shall by by-law fix the day, time and
place for a meeting of the electors to take place for the nomina-
tion of candidates for the by-election and such day shall not
be less than fourteen days before the day fixed for polling.
(5) A by-law for the purposes set
Advance
poll
R.S.O. 1960, section 90 of The Municipal Act may
^' ^^^ twenty days before the day fixed for polling for the by-election
out in
be
subsection 1 of
passed at least
Power of
clerk
re conduct
of election
Voters list
(6) The clerk shall be the returning officer for the by-election
and he shall have the power to do all things and make such
appointments and designations as may be necessary for the
conduct of the by-election according to law and, without
restricting the generality of the foregoing, he shall have
authority to designate all polling subdivisions, unite adjoining
polling subdivisions, provide polling places for all polling
subdivisions and appoint all personnel necessary for the due
conduct of such by-election.
(7) The voters list shall be prepared from the latest assess-
ment roll returned by the assessor to the clerk as of the date
of the by-law passed pursuant to subsection 2 and from the
latest list of persons entitled to be entered on the resident
voters list filed by the assessor with the clerk as of such date.
c^uaiiflcation (g) Every person is qualified to be elected to the office of
candidates alderman in a by-election held under this Act who,
{a) is a householder residing in the municipality as of
the date of the by-law passed pursuant to subsection
2, ©r on such date was rated on the latest assessment
roll of the municipality returned by the assessor to
the clerk as of such date for land held in his own
right for an amount not less than $400 and resides
in or within five miles of the municipality, or is the
wife or husband of such a householder and who
resides in or within five miles of the municipality;
(jb) is a British subject;
(c) is of the full age of twenty-one years; and
{d) is not disqualified under The Municipal Act or any
other Act.
^f'ActB*'^" (9) Except as otherwise provided herein, the provisions of
R.S.O. I960. The Municipal Act, The Voters' Lists Act, The Assessment
23", 254 ' Act and The Municipal Franchise Extension Act and any
by-law providing for a resident voters list passed thereunder
apply mutatis mutandis to by-elections held under this Act.
Prl2
3. — (1) The council of the Corporation may pass by-laws Po^-^'^f *?
, ., • • 1 • 1 • r 1 -1 1- pass by-laws
prohibiting the erection or alteration ot any buildine or prohibiting
. erection of
Structure or any class or classes thereof in any defined area buildings in
or areas without the approval by the council of plans showing without^^^*
the height, location and spacing of the building or structure councu^of*'^
and the portions thereof in relation, respectively, to other p^^'^^
buildings or structures and to each other, and the number,
location and width of entrances and exits for motor vehicles
and pedestrians to and from the parcel of land upx)n which the
building or structure is or is to be erected.
(2) Subsections 9 to 17 and 19 to 25 of section 30 of r/^e ^fPP^'°^**°''
Planning Act apply mutatis mutandis to any by-law passed R.s.o. i960,
under subsection 1.
(3) The Ontario Municipal Board shall not approve any ^^jun^cioai
by-law passed under subsection 1 or any by-law amending any Board not
such by-law, unless the area or areas defined in the by-law by-laws
is or are covered by an official plan describing the policy of the
council in respect of which it is necessary to prohibit the
erection or alteration of buildings or structures without the
approval by the council of the plans therefor, and stating
that it is the policy of council not to deal with any application
for its approval, pursuant to any by-law passed under sub-
section 1, of the plans for the erection or alteration of any
building in such a manner as to reduce the maximum permis-
sible floor area of the building below that provided for under
any by-law applying to the land or area in question and passed
under section 30 of The Planning Act or a predecessor thereof.
(4) A by-law passed under subsection 1 shall be enforceable Penalties
in the same manner as a by-law passed under the authority of
The Municipal Act, and any such by-law may impose penalties ^oia' ^^^^'
of not more than $300, exclusive of costs, upon every person
who contravenes any provision of any such by-law.
(5) Where an application to the council for its approval, ^fusa/or"""
pursuant to any by-law passed under subsection 1, of the |,^^siect of
plans for the erection or alteration of any building or structure
is refused or the council refuses or neglects to make a decision
thereon within one month after the receipt by the clerk of the
application, the applicant may appeal to the Ontario Muni-
cipal Board and the Ontario Municipal Board shall hear the
appeal and dismiss the same or approve the plans, provided
that where council has refused the application the appeal shall
be commenced within one month after the date of such refusal.
4. This Act comes into force on the day it receives Royal mtnt"^^'^"®"
Assent.
5. This Act may be cited as The City of Toronto ylc/, ^'''''■* ""*
1968-69.
Prl2
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BILL Prl2
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Toronto
Mr. Price
(Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl2 1968-69
An Act respecting the City of Toronto
WHEREAS The Corporation of the City of Toronto, P'-eambie
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth ; and whereas it is expedient to grant the prayer
of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Notwithstanding any general or special Act, the Cor-^^^^"^^°^
poration may let from year to year, or for any time not ex- operate
^ ■' , • 1 f means of
ceedmg ten years, the right to operate means of conveyance conveyance
within a public park under the jurisdiction of the Corporation, authorized
other than on any highway as defined in The Municipal -^ct,^-^;^- ^^^o-
subject to such regulations as the Corporation may prescribe.
2. — (1) For the purposes of subsection 8, "householder" J^t^JP'"®-
means the person who, at the date of the by-law passed
pursuant to subsection 2, occupies and is assessed as owner
or tenant of a dwelling or apartment house separately occu-
pied as a dwelling on the latest assessment roll of the muni-
cipality returned by the assessor to the clerk as of the date
of the said by-law.
(2) Notwithstanding The Municipal Act, where a vacancy ^^g|"of '"
on the council of the Corporation occurs in the office of alder- bl^.|i^fion
man and an election to fill the vacancy has not been ordered for, fixing
in a judicial proceeding, a by-election shall be held within six hour of
polling
months after the vacancy occurs to fill such vacancy for the
remainder of the term and, notwithstanding The Municipality ^'2^' ^^^^'
of Metropolitan Toronto Act, council shall by by-law fix the
day and hours for the polling and such by-law shall be enacted
by the council not less than sixty days before the day for
polling.
(3) Where in a year in which an election is to be held a ^c|ncy not
vacancy occurs in the ofhce of alderman after the 31st day of to be filled
March, a by-election shall not be held and such vacancy shall
not be filled.
Prl2
Time, hours
and place of
aomination
R.S.O. 1960,
c. 260
(4) Notwithstanding The Municipality of Metropolitan
Toronto Act, the council shall by by-law fix the day, time and
place for a meeting of the electors to take place for the nomina-
tion of candidates for the by-election and such day shall not
be less than fourteen days before the day fixed for polling.
Advance (5) y\ by-law for the purposes set out in subsection 1 of
R.S.O. I960, section 90 of The Municipal Act may be passed at least
°' ^^^ twenty days before the day fixed for polling for the by-election.
Power of
clerk
re conduct
of election
Voters list
(6) The clerk shall be the returning officer for the by-election
and he shall have the power to do all things and make such
appointments and designations as may be necessary for the
conduct of the by-election according to law and, without
restricting the generality of the foregoing, he shall have
authority to designate all polling subdivisions, unite adjoining
polling subdivisions, provide polling places for all polling
subdivisions and appoint all personnel necessary for the due
conduct of such by-election.
(7) The voters list shall be prepared from the latest assess-
ment roll returned by the assessor to the clerk as of the date
of the by-law passed pursuant to subsection 2 and from the
latest list of persons entitled to be entered on the resident
voters list filed by the assessor with the clerk as of such date.
c^uaiincation (g) Every person is qualified to be elected to the office of
candidates alderman in a by-election held under this Act who,
(a) is a householder residing in the municipality as of
the date of the by-law passed pursuant to subsection
2, or on such date was rated on the latest assessment
roll of the municipality returned by the assessor to
the clerk as of such date for land held in his own
right for an amount not less than $400 and resides
in or within five miles of the municipality, or is the
wife or husband of such a householder and who
resides in or within five miles of the municipality;
(&) is a British subject;
(c) is of the full age of twenty -one years; and
{d) is not disqualified under The Municipal Act or any
other Act.
of'^Acte'^^'^ (9) Except as otherwise provided herein, the provisions of
R.S.O. I960. The Municipal Act, The Voters' Lists Act, The Assessment
23'. 254" ' Act and The Municipal Franchise Extension Act and any
by-law providing for a resident voters list passed thereunder
apply mutatis mutandis to by-elections held under this Act.
Prl2
3. This Act comes into force on the day it receives Royal ^1™°'®''°^
Assent.
4. This Act may be cited as The City of Toronto Act, s»^<"-* ""«
1968-69.
Prl2
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BILL Prl2
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Toronto
Mr. Price
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl2 1968-69
An Act respecting the City of Toronto
WHEREAS The Corporation of the City of Toronto, P^e^'^bie
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth ; and whereas it is expedient to grant the prayer
of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Notwithstanding any general or special Act, the Cor-^^^^^l'^^^'^^
poration may let from year to year, or for any time not ex- operate ^
ceeding ten years, the right to operate means of conveyance conveyance
within a public park under the jurisdiction of the Corporation, authorized
other than on any highway as defined in The Municipal Act,'^-^^- ^^^^'
subject to such regulations as the Corporation may prescribe.
2. — (1) For the purposes of subsection 8, "householder" i^*j®J"pr®-
means the person who, at the date of the by-law passed
pursuant to subsection 2, occupies and is assessed as owner
or tenant of a dwelling or apartment house separately occu-
pied as a dwelling on the latest assessment roll of the muni-
cipality returned by the assessor to the clerk as of the date
of the said by-law.
(2) Notwithstanding The Municipal Act, where a vacancy Jf^^ct'^oY '"
on the council of the Corporation occurs in the office of alder- ^^y.^^^ti^^n
man and an election to fill the vacancy has not been ordered fo^r, fixing
in a judicial proceeding, a by-election shall be held within six hour of
months after the vacancy occurs to fill such vacancy for the^° ^"^
remainder of the term and, notwithstanding The Municipality^/ 2eo' ^^^°'
of Metropolitan Toronto Act, council shall by by-law fix the
day and hours for the polling and such by-law shall be enacted
by the council not less than sixty days before the day for
polling.
(3) Where in a year in which an election is to be held a ^canoy not
vacancy occurs in the office of alderman after the 31st day of *« be filled
March, a by-election shall not be held and such vacancy shall
not be filled.
Prl2
Jnd piJc°e"of (^) Notwithstanding The Municipality of Metropolitan
nomination Toronto Act, the council shall by by-law fix the day, time and
o.'26o' ^^^°' place for a meeting of the electors to take place for the nomina-
tion of candidates for the by-election and such day shall not
be less than fourteen days before the day fixed for polling.
Advance (5) ^ by-law for the purposes set out in subsection 1 of
R.s.o. I960, section 90 of The Municipal Act may be passed at least
twenty days before the day fixed for polling for the by-election.
c. 249
cierk^'^ °^ (^) ^^^ clerk shall be the returning officer for the by-election
re conduct and he shall have the power to do all things and make such
01 election . , , . . ,
appomtments and designations as may be necessary for the
conduct of the by-election according to law and, without
restricting the generality of the foregoing, he shall have
authority to designate all polling subdivisions, unite adjoining
polling subdivisions, provide polling places for all polling
subdivisions and appoint all personnel necessary for the due
conduct of such by-election.
Voters list (7) ^-^e voters list shall be prepared from the latest assess-
ment roll returned by the assessor to the clerk as of the date
of the by-law passed pursuant to subsection 2 and from the
latest list of persons entitled to be entered on the resident
voters list filed by the assessor with the clerk as of such date.
Q^uaiiflcation (g) Eygj-y person is qualified to be elected to the office of
candidates alderman in a by-election held under this Act who,
(a) is a householder residing in the municipality as of
the date of the by-law passed pursuant to subsection
2, or on such date was rated on the latest assessment
roll of the municipality returned by the assessor to
the clerk as of such date for land held in his own
right for an amount not less than $400 and resides
in or within five miles of the municipality, or is the
wife or husband of such a householder and who
resides in or within five miles of the municipality;
{h) is a British subject;
(c) is of the full age of twenty-one years; and
{d) is not disqualified under The Municipal Act or any
other Act.
^f^Act*""" (9) Except as otherwise provided herein, the provisions of
R-S^Ogi|6o, The Municipal Act, The Voters' Lists Act, The Assessment
23'. 254 ' Act and The Municipal Franchise Extension Act and any
by-law providing for a resident voters list passed thereunder
apply mutatis mutandis to by-elections held under this Act.
Prl2
3. This Act comes into force on the day it receives Royal ^ent"^^'^'^*'
Assent.
4. This Act may be cited as The City of Toronto ^c/, s^o'"* ""«
1968-69.
Prl2
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BILL Prl3
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Kitchener
Mr. Breithaupt
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl3 1968-69
An Act respecting the City of Kitchener
WHEREAS The Corporation of the City of Kitchener, Preamble
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth; and whereas it is expedient to grant the
prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The council of the Corporation may, by by-law, passed ^tf^^ement
without the approval of the Ontario Municipal Board, grant ^1^°^^'^°®^
annual retirement allowances to Howard M. Crosby and
Paul Gertz, former employees of the Kitchener Auditorium
Board of Management, in the amounts of $1,700 and $600
respectively, payable monthly during their respective lives.
2. Any by-law of the Corporation passed under section 240 ^^y^^e
of The Municipal Act that grants to an employee a retirement amended
allowance that is less than the maximum amount that might ^'249* "'■^^°'
have been granted under that section may be amended to
increase the amount payable to an amount not greater than
the said maximum.
3.— (1) The council of the Corporation may by by-law ^f^^P^^i^o^J^ai
adopt in whole or in part with such changes as the council ^i^"® code
deems necessary The National Fire Code of Canada by
including the code in whole or in part in the by-law.
(2) Any person affected by an order made under a by-law Ajfp'l^ai °^
passed under subsection 1 may appeal to the Fire Marshal
and from the decision of the Fire A'larshal to the county
court judge of the County of Waterloo in the same manner,
mutatis mutandis as provided for by The Fire Marshals ^c/R.s^o. i960,
in respect of orders made under that Act.
. '11 Power of
4. — (1) The power of the Corporation to acquire land corporation
\ / ^ A ■•■ -fy-v Q HQ 11 11*0
under paragraph 49 of subsection 1 of section 379 of The land
Prl3
^I^o- 1960. Municipal Act may be exercised in respect of land outside
the limits of the City of Kitchener and within the Township
of Waterloo.
Idem (2) The Corporation may also acquire land within the
Township of Waterloo for the purpose of providing roads or
other municipal services to land acquired under subsection 1.
Commence- 5, — (J) Xhis 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 7th day of October, 1968.
Short title
6. This Act may be cited as The City of Kitchener Act,
1968-69.
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BILL Prl3
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Kitchener
i
Mr. Breithaupt
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl3 1968-69
An Act respecting the City of Kitchener
WHEREAS The Corporation of the City of Kitchener, Preamble
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth; and whereas it is expedient to grant the
prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The council of the Corporation may, by by-law, passed ^tfr'ement
without the approval of the Ontario Municipal Board, grant ^'1°^^'^'^®^
annual retirement allowances to Howard M. Crosby and
Paul Gertz, former employees of the Kitchener Auditorium
Board of Management, in the amounts of $1,700 and $600
respectively, payable monthly during their respective lives.
2. Any by-law of the Corporation passed under section 240 ^y-^*;!^
of The Muntctpal Act that grants to an employee a retirement amended
allowance that is less than the maximum amount that might ^■24?' '^^^^'
have been granted under that section may be amended to
increase the amount payable to an amount not greater than
the said maximum.
3. — (1) The council of the Corporation may by by-law ^/^^P^tj^nai
adopt in whole or in part with such changes as the council ^i""® <^°^®
deems necessary The National Fire Code of Canada by
including the code in whole or in part in the by-law.
(2) Any person affected by an order made under a by-law ^^fp^^ai "'^
passed under subsection 1 may appeal to the Fire Marshal
and from the decision of the Fire A^Iarshal to the county
court judge of the County of Waterloo in the same manner,
mutatis mutandis as provided for by The Fire Marshals ^c^RS^o. i960,
in respect of orders made under that Act.
r 1 ^ • -11 Power of
4. — (1) The power of the Corporation to acquire land corporation
under paragraph 49 of subsection 1 of section 379 of The land '^^^^^
Prl3
?*f49' ^^^^' ^u^'^cipal Act may be exercised in respect of land outside
the limits of the City of Kitchener and within the Township
of Waterloo.
^^^rn (2) The Corporation may also acquire land within the
Township of Waterloo for the purpose of providing roads or
other municipal services to land acquired under subsection 1.
SeSt"®"*^®' ^* — (^) ^^^^ ^^^' except section 2, comes into force on the
day it receives Royal Assent.
Idem (2) Section 2 shall be deemed to have come into force on
the 7th day of October, 1968.
Short title
6. This Act may be cited as The City of Kitchener Act,
1968-69.
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BILL Prl4
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the County of Ontario
Mr. Newman (Ontario South)
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl4 1968-69
An Act respecting the County of Ontario
WHEREAS The Corporation of the County of Ontario Preamble
by its petition has prayed for special legislation in
respect of the matters hereinafter set forth; and whereas
it is expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding section 56 of The Assessment Act, t^^^llt^e'to
time within which the assessment roll in the Township of assessment
Pickering in the County of Ontario was required to be taken and return
and returned to the clerk in the year 1968 under the saidRs.o. i960,
section 56 is extended to and including the 16th day of^-^^
January, 1969 and the court of revision shall hear and dispose
of all appeals and shall certify the assessment roll not later
than sixty days after this Act comes into force.
2. The assessment roll referred to in section 1, when ^nd effect
returned and revised by the court of revision, shall have the°^^°'^
same validity and effect as if such assessment roll had been
returned and revised in the year 1968 within the time pre-
scribed by section 56 of The Assessment Act.
3. Notwithstanding anything in this Act, the rights ofJ^|eai°*^
appeal of all persons under The Assessment Act and the times preserved
for appealing to the court of revision, the county court judge,
the Ontario Municipal Board and every court to which an
appeal may be made in respect of the assessment roll referred
to in section 1 are preserved and continued to such extent as
may be necessary to give efTect to this Act.
4. This Act comes into force on the day it receives Royal SeSt"®"^®'
Assent.
5. This Act may be cited as The County of Ontario ylc/, short title
1968-69.
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BILL Prl4
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the County of Ontario
Mr. Newman (Ontario South)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl4 1968-69
An Act respecting the County of Ontario
WHEREAS The Corporation of the County of Ontario Preamble
by its petition has prayed for special legislation in
respect of the matters hereinafter set forth; and whereas
it is expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding section 56 of The Assessment Act, the ^f^J?^|**^^
time within which the assessment roll in the Township of take
--,.,..,„ I- /~\ • -111 assessment
Fickermg m the County of Ontario was required to be taken and return
and returned to the clerk in the year 1968 under the said r.s.o. i960,
section 56 is extended to and including the 16th day of°-^^
January, 1969 and the court of revision shall hear and dispose
of all appeals and shall certify the assessment roll not later
than sixty days after this Act comes into force.
2. The assessment roll referred to in section 1, when Jnd effect
returned and revised by the court of revision, shall have the^^ ""^^^
same validity and effect as if such assessment roll had been
returned and revised in the year 1968 within the time pre-
scribed by section 56 of The Assessment Act.
3. Notwithstanding anything in this Act, the rights of Rights of
appeal of all persons under The Assessment Act and the times preserved
for appealing to the court of revision, the county court judge,
the Ontario Municipal Board and every court to which an
appeal may be made in respect of the assessment roll referred
to in section 1 are preserved and continued to such extent as
may be necessary to give effect to this Act.
4. This Act comes into force on the day it receives Royal ment^^'^^*"
Assent.
5. This Act may be cited as The County of Ontario ^c/, ^^°^* *^*'®
1968-69.
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BILL Prl5
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Mitchell, 1968-69
Mr. Edighoffer
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl5 1968-69
An Act respecting the Town of Mitchell, 1968-69
WHEREAS The Corporation of the Town of Mitchell, Preamble
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth; and whereas it is expedient to grant the prayer
of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The council of the Corporation is hereby authorized ss^-iaw
to pass a by-law, without obtammg the approval of the of ^^^^^^^^
Ontario Municipal Board, providing for the issue of deben-
tures of the Corporation in a principal amount not exceeding
$20,000, payable in not more than twenty years, to defray
the cost of acquiring land for the purposes of establishing a
sanitary land fill area.
2. Sections 55, 56, 57 and 58 of The Ontario Municipal ^^^^^^^^^
Board Act apply in respect of a by-law passed under section 1 1960, c. 274
and the debentures to be issued thereunder.
3. This Act comes into force on the day it receives Royal Sent"®"*"®"
Assent.
4. This Act may be cited as The Town of Mitchell Act, short title
1968-69.
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BILL Prl5
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the Town of Mitchell
Mr. Edighoffer
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl5 1968-69
An Act respecting the Town of Mitchell
WHEREAS The Corporation of the Town of Mitchell, Preamble
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth; and whereas it is expedient to grant the prayer
of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The council of the Corporation is herebv authorized 5.^;'^w
* " « ** < ® 18SU©
to pass a by-law, without obtaining the approval of the ^^^^Qj^^yj. ^
Ontario Municipal Board, providing for the issue of deben-
tures of the Corporation in a principal amount not exceeding
$20,000, payable in not more than ten years, to defray
the cost of acquiring land for the purposes of establishing a
sanitary land fill area.
2. Sections 55, 56, 57 and 58 of The Ontario Municipal ^^g}^^^]'"''
Board Act apply in respect of a by-law passed under section 1 1960, c. 274
and the debentures to be issued thereunder.
3. This Act comes into force on the day it receives Royal Sent^*"^^^"
Assent.
4. This Act may be cited as The Town of Mitchell ^d, short title
1968-69.
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BILL Prl5
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the Town of Mitchell
Mr. Edighoffer
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl5 1968-69
An Act respecting the Town of Mitchell
WHEREAS The Corporation of the Town of Mitchell, Preamble
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth ; and whereas it is expedient to grant the prayer
of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The council of the Corporation is hereby authorized B^-ia^
• i < /• t 1SSU0
to pass a by-law, without obtammg the approval of the of
Ontario Municipal Board, providing for the issue of deben-
tures of the Corporation in a principal amount not exceeding
$20,000, payable in not more than ten years, to defray
the cost of acquiring land for the purposes of establishing a
sanitary land fill area.
2. Sections 55, 56, 57 and 58 of The Ontario Municipal ^p^^^£^^^°^
Board Act apply in respect of a by-law passed under section 1 1960, c. 274
and the debentures to be issued thereunder.
3. This Act comes into force on the day it receives Royal ment"^"°^'
Assent.
4. This Act may be cited as The Town of Mitchell ylc/, short title
1968-69.
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BILL Prl6
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the Borough of East York
Mr. Meen
(Private Bill)
TORONTO
Printed and Publishkd by Frank Fogg, Queen's Printer
\ * ^^fi % 1 1 <■■
■■,:, J ,tfji ,Tr,t-^
d|jiKnoH *irf} ^nltc^sq?
-r?«
BILL Prl6 1968-69
An Act respecting the Borough of East York
WHEREAS The Corporation of the Borough of East P'"«a""bi«
York, herein called the Corporation, by its petition
has prayed for special legislation in respect of the matters
hereinafter set forth; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:
l.-(l) In this Act, J-tej-p>-e-
(a) "non-residential property" means a building or
structure or part of a building or structure not oc-
cupied and not capable of being occupied in whole or
in part for the purposes of human habitation, and
includes the land and premises appurtenant thereto
and all outbuildings, fences and erections thereon ;
(b) "owner" includes the person for the time being
managing or receiving the rent of or paying the
municipal taxes on the land or premises in connection
with which the word is used, whether on his own
account or as agent or trustee of any other person or
who would so receive the rent if such land and
premises were let.
(2) The council of the Corporation may pass by-laws, ^andarVof
fitness of
(a) fixing a standard of fitness to which all non-residential ?^sWentiai
property shall conform ; property
(b) requiring the owners of non-residential property that
does not conform to the standard to make it so con-
form;
(c) requiring the owners of buildings, structures or
erections that form part of non-residential property
and that do not conform to the standard to demolish
all or any part thereof;
Prl6
Advances to
owners and
municipal
debentures
authorized
Lien for
advances
and
repayment
Registration
of certificate
of advance
and
repayment
(d) prohibiting the use of non-residential property that
does not conform to the standard;
(e) authorizing the placarding in such manner as the
by-law may specify of non-residential property that
does not conform to the standard, and prohibiting
the pulling down or defacing of any such placard;
(/) governing and regulating persons in the use and
occupancy of non-residential property; and
(g) providing for the appointment of a tribunal of in-
spectors, or both a tribunal and inspectors, for the
administration and enforcement of the by-laws.
(3) Where the owner of any non-residential property is
unable to pay the expense of making it conform to the stan-
dard required by the by-laws, the Corporation may advance
money to or for the benefit of the owner to the extent necessary
to pay the expense, and the council of the Corporation may
from time to time pass by-laws for the issue of debentures to
raise money to be so advanced.
(4) When the Corporation has advanced money as provided
in subsection 3, it shall, upon the registration of a certificate
under subsection 5, have a lien upon the non-residential
property in respect of which the advance was made for the
amount of the advance, together with interest thereon at a rate
to be fixed from time to time by the council but which shall not
exceed 6 per cent per annum, and the amount of the advance
with the interest thereon is repayable to the Corporation by
the owner of the non-residential property in equal consecutive
annual payments, which shall be collected over a period of
years to be determined by the council and which period shall
not exceed ten years but need not be the same in the case of
each advance, and, if default is made with respect to any of
the payments hereinbefore provided, the whole of the balance
of the advance, together with accrued interest thereon at the
time of default, becomes due and payable forthwith, and the
amount of such balance, including interest, shall be added to
the collector's roll of taxes for the current year and shall be
collected in the same manner as municipal taxes.
(5) A certificate of the clerk of the Corporation setting out
the amount advanced to or for the benefit of any owner under
subsection 3, the rate of interest thereon and a description of
the property in respect of which the amount was advanced,
sufficient for registration, together with an affidavit verifying
the signature of the clerk of the Corporation, shall be regis-
tered in the proper registry office or land titles office and, upon
repayment in full to the Corporation of the amount advanced
Prl6
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and the interest thereon, a certificate of the clerk of the Cor-
poration showing the repayment shall be similarly registered,
and the property is thereupon freed from liability in respect
of the advance and interest thereon and from the lien arising
therefrom.
(6) If any owner of non-residential property fails within by'c^orpora-^
such time as may be specified by the Corporation or the * J,°,^q^^^^j^
tribunal appointed under subsection 2 to make the non- of cost
residential property conform to the standard required by a
by-law passed under this section or fails to demolish all or any
part of any building, structure or erection forming part of the
non-residential property as directed by the Corporation or the
tribunal, the Corporation or the tribunal, in addition to all
other remedies, has the right to make the non-residential
property conform to the standard or to demolish or cause to
be demolished all or any part of any building, structure or
erection forming part of the non-residential property, and to
do any work on adjoining property necessitated by the work
involved in making the non-residential property conform to
the standard or by the demolition, and, for such purposes,
with the servants and agents of the Corporation, from time to
time to enter upon the lands of the owner and upon adjoining
property, and neither the Corporation nor the tribunal is
liable to compensate the owner or any person by reason of
anything done by or on behalf of the Corporation or the
tribunal under this subsection, and, for any amount expended
by or on behalf of the Corporation or the tribunal in this sub-
section, the Corporation is entitled to a lien upon the non-
residential property in respect of which the amount was ex-
pended, exercisable in the same manner as a lien for an advance
under subsection 3, and, subject to the appeal provided by
subsection 9, the certificate of the clerk of the Corporation as
to the amount expended is final, and such amount shall be
added to the collector's roll of taxes for the current year
and shall be collected as taxes.
Enforce-
(7) A by-law passed under this section is enforceable in the bylaws
same manner as a by-law passed under The Municipal Act. ^•^^- ^^®°'
(8) Before proceeding under subsection 3 or 6, the Cor- mortgagees
poration or the tribunal appointed under subsection 2 shall
notify any mortgagee appearing on the registered title, by
registered letter, specifying wherein the non-residential proper-
ty is defective, and, if all defects are not remedied within one
month from such notification, subsections 3 and 6 apply.
(9) Any person affected may appeal to the Ontario Muni- Appeal to
cipal Board from a decision made under subsection 6 by the
Corporation or by the tribunal appointed under subsection 2,
and the decision of the Board is final.
Prl6
his^ectors ^^^^ ^^^ ^^^ enforcement of any by-law passed under this
section, any inspector appointed under subsection 2 and any
person acting under his instructions have the same right to
enter, inspect and examine any non -residential property as an
^■321' ^^^°' inspector under section 84 of The Public Health Act, and
sections 84, 114 and 115, subsections 2 and 3 of section 116
and section 117 of such Act apply, mutatis mutandis.
Commence- 2. This Act comes into force on the day it receives Royal
Assent.
Short title 3^ This Act may be cited as The Borough of East York Act,
1968-69.
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BILL Prl6
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the Borough of East York
Mr. Meen
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl6 1968-69
An Act respecting the Borough of East York
WHEREAS The Corporation of the Borough of East ^'•^^"^bie
York, herein called the Corporation, by its petition
has prayed for special legislation in respect of the matters
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:
l.-(l) In this Act, {atioT"-
(a) "non-residential property" means a building or
structure or part of a building or structure not oc-
cupied and not capable of being occupied in whole or
in part for the purposes of human habitation, and
includes the land and premises appurtenant thereto
and all outbuildings, fences and erections thereon ;
(b) "owner" includes the person for the time being
managing or receiving the rent of or paying the
municipal taxes on the land or premises in connection
with which the word is used, whether on his own
account or as agent or trustee of any other person or
who would so receive the rent if such land and
premises were let.
(2) The council of the Corporation may pass by-laws, ^andar/of
fitness of
(a) fixing a standard of fitness to which all non-residential ^^swentiai
property shall conform ; property
(b) requiring the owners of non-residential property that
does not conform to the standard to make it so con-
form;
(c) requiring the owners of buildings, structures or
erections that form part of non-residential property
and that do not conform to the standard to demolish
all or any part thereof;
Prl6
(d) prohibiting the use of non-residential property that
does not conform to the standard;
(e) authorizing the placarding in such manner as the
by-law may specify of non-residential property that
does not conform to the standard, and prohibiting
the pulling down or defacing of any such placard;
(/) governing and regulating persons in the use and
occupancy of non-residential property; and
(g) providing for the appointment of a tribunal of in-
spectors, or both a tribunal and inspectors, for the
administration and enforcement of the by-laws.
Advances to
owners and
municipal
debentures
authorized
(3) Where the owner of any non-residential property is
unable to pay the expense of making it conform to the stan-
dard required by the by-laws, the Corporation may advance
money to or for the benefit of the owner to the extent necessary
|to pay the expense.
Lien for
advances
and
repayment
(4) When the Corporation has advanced money as provided
in subsection 3, it shall, upon the registration of a certificate
under subsection 5, have a lien upon the non-residential
property in respect of which the advance was made for the
amount of the advance, together with interest thereon at a rate
to be fixed from time to time by the council but which shall not
exceed 6 per cent per annum, and the amount of the advance
with the interest thereon is repayable to the Corporation by
the owner of the non-residential property in equal consecutive
annual payments, which shall be collected over a period of
years to be determined by the council and which jjeriod shall
not exceed ten years but need not be the same in the case of
each advance, and, if default is made with respect to any of
the payments hereinbefore provided, the whole of the balance
of the advance, together with accrued interest thereon at the
time of default, becomes due and payable forthwith, and the
amount of such balance, including interest, shall be added to
the collector's roll of taxes for the current year and shall be
collected in the same manner as municipal taxes.
Registration
of certificate
of advance
and
repayment
(5) A certificate of the clerk of the Corporation setting out
the amount advanced to or for the benefit of any owner under
subsection 3, the rate of interest thereon and a description of
the property in respect of which the amount was advanced,
sufficient for registration, together with an affidavit verifying
the signature of the clerk of the Corporation, shall be regis-
tered in the proper registry office or land titles office and, upon
repayment in full to the Corporation of the amount advanced
Prl6
and the interest thereon, a certificate of the clerk of the Cor-
poration showing the repayment shall be similarly registered,
and the property is thereupon freed from liability in respect
of the advance and interest thereon and from the lien arising
therefrom.
(6) If any owner of non-residential property fails within by'c°Jrpora-^
such time as may be specified by the Corporation or the ^^^^jf^^^'^^j^
tribunal appointed under subsection 2 to make the non-ofcost
residential property conform to the standard required by a
by-law passed under this section or fails to demolish all or any
part of any building, structure or erection forming part of the
non-residential property as directed by the Corporation or the
tribunal, the Corporation or the tribunal, in addition to all
other remedies, has the right to make the non-residential
property conform to the standard or to demolish or cause to
be demolished all or any part of any building, structure or
erection forming part of the non-residential property, and to
do any work on adjoining property necessitated by the work
involved in making the non-residential property conform to
the standard or by the demolition, and, for such purposes,
with the servants and agents of the Corporation, from time to
time to enter upon the lands of the owner and upon adjoining
property, and neither the Corporation nor the tribunal is
liable to compensate the owner or any person by reason of
anything done by or on behalf of the Corporation or the
tribunal under this subsection, and, for any amount expended
by or on behalf of the Corporation or the tribunal in this sub-
section, the Corporation is entitled to a lien upon the non-
residential property in respect of which the amount was ex-
pended, exercisable in the same manner as a lien for an advance
under subsection 3, and, subject to the appeal provided by
subsection 9, the certificate of the clerk of the Corporation as
to the amount expended is final, and such amount shall be
added to the collector's roll of taxes for the current year
and shall be collected as taxes,
Enforce-
(7) A by-law passed under this section is enforceable in the by-?aws
same manner as a by-law passed under The Municipal Act. ^f^^- ^^^*''
(8) Before proceeding under subsection 3 or 6, the Cor- mortgagees
poration or the tribunal appointed under subsection 2 shall
notify any mortgagee appearing on the registered title, by
registered letter, specifying wherein the non-residential proper-
ty is defective, and, if all defects are not remedied within one
month from such notification, subsections 3 and 6 apply.
(9) Any person affected may appeal to the Ontario Muni-^PP®^^ *°
cipal Board from a decision made under subsection 6 by the
Corporation or by the tribunal appointed under subsection 2,
and the decision of the Board is final.
Prl6
Inspectors ^^^^ When a by-law under this section is in effect, any
inspector appointed under subsection 2 and any person acting
under his instructions may, at all reasonable times and upon
producing proper identification, enter and inspect any non-
residential property to which the by-law applies. "^C
ment"^*'^'^^' ^* This Act comes into force on the day it receives Royal
Assent.
Short title 3^ jj^jg ^^^ j^^y jjg ^j^gj ^g j^^g Borough of East York Act,
1968-69.
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BILL Prl6
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the Borough of East York
Mr. Meen
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl6 1968-69
An Act respecting the Borough of East York
WHEREAS The Corporation of the Borough of East^^a^bie
York, herein called the Corporation, by its petition
has prayed for special legislation in respect of the matters
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the petition;
Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of
Ontario, enacts as follows:
l.-(l) In this Act, Ja"ffoT'-
(a) "non-residential property" means a building or
structure or part of a building or structure not oc-
cupied and not capable of being occupied in whole or
in part for the purposes of human habitation, and
includes the land and premises appurtenant thereto
and all outbuildings, fences and erections thereon;
(b) "owner" includes the person for the time being
managing or receiving the rent of or paying the
municipal taxes on the land or premises in connection
with which the word is used, whether on his own
account or as agent or trustee of any other person or
who would so receive the rent if such land and
premises were let.
(2) The council of the Corporation may pass by-laws, ^IndrrVof
fitness of
(a) fixing a standard of fitness to which all non-residential re°sWentiai
property shall conform ; property
(b) requiring the owners of non-residential property that
does not conform to the standard to make it so con-
form;
(c) requiring the owners of buildings, structures or
erections that form part of non-residential property
and that do not conform to the standard to demolish
all or any part thereof;
Prl6
(d) prohibiting the use of non-residential property that
does not conform to the standard;
(e) authorizing the placarding in such manner as the
by-law may specify of non-residential property that
does not conform to the standard, and prohibiting
the pulling down or defacing of any such placard;
(/) governing and regulating persons in the use and
occupancy of non-residential property; and
(g) providing for the appointment of a tribunal of in-
spectors, or both a tribunal and inspectors, for the
administration and enforcement of the by-laws.
Advances to
owners and
municipal
debentures
authorized
(3) Where the owner of any non-residential property is
unable to pay the expense of making it conform to the stan-
dard required by the by-laws, the Corporation may advance
money to or for the benefit of the owner to the extent necessary
to pay the expense.
Lien for
advances
and
repayment
Registration
of certificate
of advance
and
repayment
(4) When the Corporation has advanced money as provided
in subsection 3, it shall, upon the registration of a certificate
under subsection 5, have a lien upon the non-residential
property in respect of which the advance was made for the
amount of the advance, together with interest thereon at a rate
to be fixed from time to time by the council but which shall not
exceed 6 per cent per annum, and the amount of the advance
with the interest thereon is repayable to the Corporation by
the owner of the non-residential property in equal consecutive
annual payments, which shall be collected over a period of
years to be determined by the council and which period shall
not exceed ten years but need not be the same in the case of
each advance, and, if default is made with respect to any of
the payments hereinbefore provided, the whole of the balance
of the advance, together with accrued interest thereon at the
time of default, becomes due and payable forthwith, and the
amount of such balance, including interest, shall be added to
the collector's roll of taxes for the current year and shall be
collected in the same manner as municipal taxes.
(5) A certificate of the clerk of the Corporation setting out
the amount advanced to or for the benefit of any owner under
subsection 3, the rate of interest thereon and a description of
the property in respect of which the amount was advanced,
sufficient for registration, together with an affidavit verifying
the signature of the clerk of the Corporation, shall be regis-
tered in the proper registry office or land titles office and, upon
repayment in full to the Corporation of the amount advanced
Prl6
and the interest thereon, a certificate of the clerk of the Cor-
poration showing the repayment shall be similarly registered,
and the property is thereupon freed from liability in respect
of the advance and interest thereon and from the lien arising
therefrom.
(6) If any owner of non-residential property fails within by'"c°o^r'pora-*
such time as may be specified by the Corporation or the *5)°nection
tribunal appointed under subsection 2 to make the non- of cost
residential property conform to the standard required by a
by-law passed under this section or fails to demolish all or any
part of any building, structure or erection forming part of the
non-residential property as directed by the Corporation or the
tribunal, the Corporation or the tribunal, in addition to all
other remedies, has the right to make the non-residential
property conform to the standard or to demolish or cause to
be demolished all or any part of any building, structure or
erection forming part of the non-residential property, and to
do any work on adjoining property necessitated by the work
involved in making the non-residential property conform to
the standard or by the demolition, and, for such purposes,
with the servants and agents of the Corporation, from time to
time to enter upon the lands of the owner and upon adjoining
property, and neither the Corporation nor the tribunal is
liable to compensate the owner or any person by reason of
anything done by or on behalf of the Corporation or the
tribunal under this subsection, and, for any amount expended
by or on behalf of the Corporation or the tribunal in this sub-
section, the Corporation is entitled to a lien upon the non-
residential property in respect of which the amount was ex-
pended, exercisable in the same manner as a lien for an advance
under subsection 3, and, subject to the appeal provided by
subsection 9, the certificate of the clerk of the Corporation as
to the amount expended is final, and such amount shall be
added to the collector's roll of taxes for the current year
and shall be collected as taxes.
Enforce-
(7) A by-law passed under this section is enforceable in the by-"aw8
same manner as a by-law passed under The Municipal Act. ^•^^- '^^^^'
(8) Before proceeding under subsection 3 or 6, the Cor- mortgagees
poration or the tribunal appointed under subsection 2 shall
notify any mortgagee appearing on the registered title, by
registered letter, specifying wherein the non-residential proper-
ty is defective, and, if all defects are not remedied within one
month from such notification, subsections 3 and 6 apply.
(9) Any person affected may appeal to the Ontario Muni-^PP®^^ *°
cipal Board from a decision made under subsection 6 by the
Corporation or by the tribunal appointed under subsection 2,
and the decision of the Board is final.
Prl6
^s^^ctors (^^) When a by-law under this section is in effect, any
inspector appointed under subsection 2 and any person acting
under his instructions may, at all reasonable times and upon
producing proper identification, enter and inspect any non-
residential property to which the by-law applies.
ment^^^*^^" ^* This Act comes into force on the day it receives Royal
Assent.
Short title 3^ jj^jg ^^^ j^^y i^g ^j^g^ ^g j^^g Borough of East York Act,
1968-69.
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BILL Prl7
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the County of Peel
Mr. Kennedy
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl7 1968-69
An Act respecting the County of Peel
WHEREAS The Corporation of the County of Peel byP'-«a'«bie
its petition has prayed for special legislation in respect
of the matters hereinafter set forth; and whereas it is ex-
pedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding section 56 of The Assessment Act, the Extension
time within which the assessment roll of each ward in the take
Township of Chinguacousy in the County of Peel was re- and return
quired to be taken and returned to the clerk in the year 1968 ^g q ^ggp
under the said section 56 is extended to and including thee 23
31st day of December, 1968 and the court of revision shall
hear and dispose of all appeals and certify such assessment
rolls not later than sixty days after this Act comes into force.
2. The assessment rolls referred to in section 1, wheny^i^^i^*
' and effect
returned and revised by the court of revision, shall have theofrou
same validity and efTect as if such assessment rolls had been
returned and revised in the year 1968 within the time pre-
scribed by section 56 of The Assessment Act.
3. Notwithstanding anything in this Act, the rights of^j^|^^^°*"
appeal of all persons under The Assessment Act and the times preserved
for appealing to the court of revision, the county court judge,
the Ontario Municipal Board and every court to which an
appeal may be made in respect of the assessment rolls referred
to in section 1 are preserved and continued to such extent as
may be necessary to give effect to this Act.
4. This Act comes into force on the day it receives Royal ment"^^"*'^
Assent.
5. This Act may be cited as The County of Peel ^c/, ^^ort title
1968-69.
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BILL Prl7
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the County of Peel
Mr, Kennedy
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl7 1968-69
An Act respecting the County of Peel
WHEREAS The Corporation of the County of Peel by Preamble
its petition has prayed for special legislation in respect
of the matters hereinafter set forth; and whereas it is ex-
pedient to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding section 56 of The Assessment Act, the Extension
, . ... I'll 11 r 1 1 • 1 of time to
time withm which the assessment roll of each ward in the take
Township of Chinguacousy in the County of Peel was re- and return
quired to be taken and returned to the clerk in the year 1968 ^g q -^ggo
under the said section 56 is extended to and including the c- 23
31st day of December, 1968 and the court of revision shall
hear and dispose of all appeals and certify such assessment
rolls not later than sixty days after this Act comes into force.
2. The assessment rolls referred to in section 1, when y„^i4^.^Lf
' ana enect
returned and revised by the court of revision, shall have theofrou
same validity and effect as if such assessment rolls had been
returned and revised in the year 1968 within the time pre-
scribed by section 56 of The Assessment Act.
3. Notwithstanding anything in this Act, the rights of^^|g*i°^
appeal of all persons under The Assessment Act and the times preserved
for appealing to the court of revision, the county court judge,
the Ontario Municipal Board and every court to which an
appeal may be made in respect of the assessment rolls referred
to in section 1 are preserved and continued to such extent as
may be necessary to give effect to this Act.
4. This Act comes into force on the day it receives Royal ment
Assent.
5. This Act may be -cited as 21ie County of Peel ^c^^^^"*""^
1968-69.
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BILL Prl8
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting The Board of Education for
the City of Windsor
Mr. Peacock
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl8 1968-69
An Act respecting The Board of Education
for the City of Windsor
WHEREAS The Board of Education for the City of^'^^"'^'^
Windsor by its petition has prayed for special legis-
lation in respect of the matters hereinafter set forth; and
whereas it is expedient to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The Board of Education for the City of Windsor isl^^^^^^''
hereby authorized to continue and complete the erection and e^"ippi°8 o
• • f /-. • 1 o 1 o 1 1 • 1 Centennial
equippmg oi Centennial secondary bchool situate on the secondary
north side of Northwood Street in the City of Windsor,
without obtaining the approval of the Ontario Municipal
Board, at a cost not exceeding $3,950,000.
2. The Council of the Corporation of the City of Windsor By-iaw
is hereby authorized to pass a by-law, without obtaining the
approval of the Ontario Municipal Board, providing for the
issue of debentures of the Corporation in a principal amount
not exceeding $2,150,000, payable in not more than twenty
years, for the purpose of paying part of the cost of the under-
taking referred to in section 1, and such by-law when duly
passed shall be legal, valid and binding upon the Corporation
and the ratepayers thereof.
3. Sections 55, 56, 57 and 58 of The Ontario Municipal Application
Board Act apply in respect of a by-law passed under section 2 igeo, c. 274.
and the debentures to be issued thereunder. ^^- ^^'^^
4. For the purposes of every Act, the Ontario Municipal order of
Board shall be deemed to have issued an order under section 31 deemed
of The Secondary Schools and Boards of Education Act andR^^o. i960,
section 64 of The Ontario Municipal Board Act approving the^°- ^^2, 274
undertaking referred to in section 1 and authorizing the issue
of debentures under section 2.
Prl8
Commence- 5, This Act comes into force on the day it receives Royal
Assent.
Short title Q^ xhis Act may be cited as The Windsor Board of Edu-
cation Act, 1968-69.
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BILL Prl8
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting The Board of Education for
the City of Windsor
Mr. Peacock
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl8 1968-69
An Act respecting The Board of Education
for the City of Windsor
WHEREAS The Board of Education for the City of Preamble
Windsor by its petition has prayed for special legis-
lation in respect of the matters hereinafter set forth; and
whereas it is expedient to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The Board of Education for the City of Windsor isE^«ction
hereby authorized to continue and complete the erection ^.nd equippin^g of
equipping of Centennial Secondary School situate on the secondary
north side of Northwood Street in the City of Windsor,
without obtaining the approval of the Ontario Municipal
Board, at a cost not exceeding $3,950,000.
2. The Council of the Corporation of the City of Windsor By-law
or the Board of Education for the City of Windsor is hereby
authorized to pass a by-law, without obtaining the approval
of the Ontario Municipal Board, providing for the issue
of debentures of the Corporation in a principal amount
not exceeding $2,150,000, payable in not more than twenty
years, for the purpose of paying part of the cost of the under-
taking referred to in section 1, and such by-law when duly
passed shall be legal, valid and binding upon the Corporation
and the ratepayers thereof.
3. Sections 55, 56, 57 and 58 of The Ontario Municipal tF^^^^^]"''
Board Act apply in respect of a by-law passed under section 2 ^g^^^^.^gg^'''*'
and the debentures to be issued thereunder.
4. For the purposes of every Act, the Ontario Municipal ofM.B°^
Board shall be deemed to have issued an order under section 31 ^^^^^'^
or 89 of The Secondary Schools and Boards of Education Actf^-^^o^^^ij^^'
and section 64 of The Ontario Municipal Board Act approving
the undertaking referred to in section 1 and authorizing the
issue of debentures under section 2.
Prl8
Commence- 5. This Act comes into force on the day it receives Royal
ment
Assent.
Short title Q^ T^jg ^^t may be cited as The Windsor Board of Edu-
cation Act, 1968-69.
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BILL Prl8
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting The Board of Education for
the City of Windsor
Mr. Peacock
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl8 1968-69
An Act respecting The Board of Education
for the City of Windsor
WHEREAS The Board of Education for the City ofP'-eambie
Windsor by its petition has prayed for special legis-
lation in respect of the matters hereinafter set forth; and
whereas it is expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The Board of Education for the City of Windsor isf„^««*io"
hereby authorized to continue and complete the erection and equipping of
_, , . , Centennial
equipping of Centennial Secondary School situate on the secondary
north side of Northwood Street in the City of Windsor,
without obtaining the approval of the Ontario Municipal
Board, at a cost not exceeding $3,950,000.
2. The Council of the Corporation of the City of Windsor ^^^'^^
or the Board of Education for the City of Windsor is hereby
authorized to pass a by-law, without obtaining the approval
of the Ontario Municipal Board, providing for the issue
of debentures of the Corporation in a principal amount
not exceeding $2,150,000, payable in not more than twenty
years, for the purpose of paying part of the cost of the under-
taking referred to in section 1, and such by-law when duly
passed shall be legal, valid and binding upon the Corporation
and the ratepayers thereof.
3. Sections 55, 56, 57 and 58 of The Ontario Municipal tFn!i^o.''''
Board Act apply in respect of a by-law passed under section 211^^^^^^'^'^'
and the debentures to be issued thereunder.
4. For the purposes of every Act, the Ontario Municipal o!^m.b°'^
Board shall be deemed to have issued an order under section 31 ^^a^®^
or 89 of The Secondary Schools and Boards of Education ^cf ^-8^62, 2^74°'
and section 64 of The Ontario Municipal Board Act approving
the undertaking referred to in section 1 and authorizing the
issue of debentures under section 2.
Prl8
Commence- 5. Xhis Act comes into force on the day it receives Royal
ment
Assent.
Short title Q^ fhig j^q^ ^ay be cited as The Windsor Board of Edu-
cation Act, 1968-69.
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BILL Prl9
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of Belleville
Mr. Potter
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
I
BILL Prl9 1968-69
An Act respecting the City of Belleville
WHEREAS The Corporation of the City of Belleville by Preamble
its petition has prayed for special legislation with
respect to the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The mayor and aldermen of the council of The Corpora- J^rm of
tion of the City of Belleville and the commissioners of the election of
Public Utilities Commission of the City of Belleville shall be aldermen
elected for a term of three years in the year 1969 and for a utilities '°
term of two years in the year 1972 and every two years there- skm^f'
after.
2. Sections 2 and 3 of The City of Belleville Act, 1965 areig^es. c. i44.
repealed. repealed
3. This Act comes into force on the day it receives Royal Se^lt"'®''''®'
Assent.
4. This Act may be cited as The City of Belleville ^c/, short title
1968-69.
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BILL Prl9
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Belleville
Mr, Potter
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Prl9 1968-69
An Act respecting the City of Belleville
WHEREAS The Corporation of the City of Belleville by Preamble
its petition has prayed for special legislation with
respect to the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. The mayor and aldermen of the council of The Corpora- Term of
tion of the City of Belleville and the commissioners of the election of
Public Utilities Commission of the City of Belleville shall be aldermen
elected for a term of three years in the year 1969 and for a utuities'"^
term of two years in the year 1972 and every two years there- gfJJJ^s^"
after.
2. Sections 2 and 3 of The City of Belleville Act, 1965 areig965. c. i44,
repealed. repealed
3. This Act comes into force on the day it receives Royal ment"^'^°^'
Assent.
4. This Act may be cited as The City of Belleville ^c/, short title
1968-69.
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BILL Pr20
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Toronto
Mr. Price
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
f>l-,f| T Tin
^r^ civ^lv
^ifjoioi" 'to /li.J vii^ gniiD9q«3T }o/. t'
BILL Pr20 1968-69
An Act respecting the City of Toronto
WHEREAS The Corporation of the City of Toronto, P"a°^*>i®
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter set
forth; and whereas it is expedient to grant the prayer of the
petition ;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Notwithstanding any special or general Act, the City oif°^^^i°^
Toronto shall not have a board of control. dispensed
with
2. — (1) The council of the Corporation may by by-law Authority
establish an executive committee of the council composed of executive
the mayor and such members of the council as may be ap-
pointed by the council.
(2) Subject to section 9 of The Municipal Act, an executive ^^^^'"^
committee established under the authority of this Act shall c. ■249"
have such powers as may be conferred by council.
(3) Each member of the executive committee, other than ^®^^'^®^^-
the mayor, shall, in addition to his remuneration as a member
of the council, receive such remuneration as may be authorized
by the council.
(4) Subject to this Act, where in any special or general Act ^e^emed 1;o
reference is made to the board of control of the City of Toron-^® *?,.,. „
•' executive
to, such reference shall be deemed to be to the executive committee
committee established under this Act.
3. This Act comes into force on the 1st day of January, Sent""®""®"
1970.
4. This Act may be cited as The City of Toronto Act, short title
1968-69 (No. 2).
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BILL Pr20
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Toronto
Mr. Price
{Reprinted for consideration by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
i><:i''"i
BILL Pr20 1968-69
An Act respecting the City of Toronto
WHEREAS The Corporation of the City of Toronto, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter set
forth; and whereas it is expedient to grant the prayer of the
petition ;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Notwithstanding any general or special Act, the City of Board of
Toronto shall not have a board of control. dispensed
^^^^ with
2. — (1) There shall be an executive committee of the Executive
council of the Corporation composed of the mayor and four
aldermen who are members of the council of The Municipality
of Metropolitan Toronto.
(2) The executive committee has all the powers and duties Powers
of a board of control under subsections 1 and la of section 206
of The Municipal Act and subsections 2 to 15, 17 and IQR-S.o. i960.
, , . , . , . c. 249
oi that section apply mutatis mutandis.
(3) At the first meeting of the council of the Corporation Term
in each year after an election has been held, the council shall
appoint the four aldermen to be members of the executive
committee for that year and the two following years and
section 198 of The Municipal Act shall not apply to such
appointments.
(4) Where an alderman resigns from the executive com-Resigna-
mittee, he shall be deemed to have resigned his office and his
seat in council.
vacancies
(5) If a vacancy occurs on the executive committee, other fining.
than in the office of mayor, the council, at a meeting called
for that purpose, shall appoint an alderman who is a member
Pr20
of the council of The Municipality of Metropolitan Toronto
to fill the vacancy for the unexpired term of the member whose
seat has become vacant.
Remunera-
tion
Reference
deemed to
be to
executive
committee
(6) Each member of the executive committee, other than
the mayor, shall, in addition to his remuneration as a member
of the council, receive such remuneration as may be au-
thorized by the council.
(7) Subject to this Act, where in any general or special Act
reference is made to the board of control of the City of Toron-
to, such reference shall be deemed to be to the executive
committee established under this Act.
Number
of wards
R.S.O. 1960,
c. 249
3. On and after the 1st day of January, 1970, the City of
Toronto shall consist of eleven wards and, upon the applica-
tion of the Corporation, the boundaries and numbers of such
wards shall be determined by the Ontario Municipal Board
in accordance with section 13 of The Municipal Act and the
provisions of that section apply mutatis mutandis.
Composi-
tion of
council
R.S.O. 1960,
c. 266
4. Notwithstanding The Municipality of Metropolitan
Toronto Act, and subject to section 2, the council of the City
of Toronto, on and after the 1st day of January, 1970, shall
be composed of a mayor elected by general vote who shall be
the head of council and two aldermen for each of the eleven
wards established under section 3, and municipal elections in
the year 1969 shall be held to elect a council so constituted.
Commence-
ment
6. — (1) This Act, except sections 1 and 2, comes into force
on the day it receives Royal Assent.
Idem
(2) Sections 1 and 2 come into force on the 1st day of
January, 1970.
Short title
6. This Act may be cited as The City of Toronto Act,
1968-69 (No. 2).
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BILL Pr20
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Toronto
Mr. Price
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr20 1968-69
An Act respecting the City of Toronto
WHEREAS The Corporation of the City of Toronto, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter set
forth; and whereas it is expedient to grant the prayer of the
petition;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. Notwithstanding any general or special Act, the City of Board of
Toronto shall not have a board of control. dispensed
with
2. — (1) There shall be an executive committee of the Executive
., , . „ . 1 r 1 , r Committee
council oi the Corporation composed of the mayor and four
aldermen who are members of the council of The Municipality
of Metropolitan Toronto.
(2) The executive committee has all the powers and duties Powers
of a board of control under subsections 1 and la of section 206
of The Municipal Act and subsections 2 to 15, 17 and 19R|0- 1960,
of that section apply mutatis mutandis.
(3) At the first meeting of the council of the Corporation Term
in each year after an election has been held, the council shall
appoint the four aldermen to be members of the executive
committee for that year and the two following years and
section 198 of The Municipal Act shall not apply to such
appointments.
(4) Where an alderman resigns from the executive com-Resigna-
mittee, he shall be deemed to have resigned his office and his
seat in council.
(5) If a vacancy occurs on the executive committee, other ^ii^i'^s . ^
than in the office of mayor, the council, at a meeting called
for that purpose, shall appoint an alderman who is a member
Pr20
of the council of The Municipality of Metropolitan Toronto
to fill the vacancy for the unexpired term of the member whose
seat has become vacant.
Remunera-
tion
(6) Each member of the executive committee, other than
the mayor, shall, in addition to his remuneration as a member
of the council, receive such remuneration as may be au-
thorized by the council.
decerned *to (^) Subject to this Act, where in any general or special Act
be to reference is made to the board of control of the City of Toron-
executive i r f
committee to, such reference shall be deemed to be to the executive
committee established under this Act.
Number
of wards
R.S.O. 1960,
c. 249
3. On and after the 1st day of January, 1970, the City of
Toronto shall consist of eleven wards and, upon the applica-
tion of the Corporation, the boundaries and numbers of such
wards shall be determined by the Ontario Municipal Board
in accordance with section 13 of The Municipal Act and the
provisions of that section apply mutatis mutandis.
Composi-
tion of
council
R.S.O. 1960,
c. 266
4. Notwithstanding The Municipality of Metropolitan
Toronto Act, and subject to section 2, the council of the City
of Toronto, on and after the 1st day of January, 1970, shall
be composed of a mayor elected by general vote who shall be
the head of council and two aldermen for each of the eleven
wards established under section 3, and municipal elections in
the year 1969 shall be held to elect a council so constituted.
Commence-
ment
5. — (1) This Act, except sections 1 and 2, comes into force
on the day it receives Royal Assent.
Idem
(2) Sections 1 and 2 come into force on the 1st day of
January, 1970.
Short title
6. This Act may be cited as The City of Toronto Act,
1968-69 {No. 2).
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BILL Pr21
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Hamilton
Mrs. Pritchard
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr21 1968-69
An Act respecting the City of Hamilton
WHEREAS The Corporation of the City of Hamilton, Preamble
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) Notwithstanding The Local Improvement Act, costa^ot °
where the Corporation, drain*®
connections
{a) constructs separate storm water sewers and sanitary R.s.o. i960,
sewers in the replacement, construction or recon-
struction in whole or in part of any combined storm
water sewer and sanitary sewer; and
(6) undertakes, without the request of any of the owners
of the abutting lands, the construction of private
drain connections from the main sewer to the street
line,
the costs of such private drain connections that otherwise
would be specially assessed upon the particular lots to serve
which they are constructed shall be paid by the Corpora-
tion from the estimates of revenue and expenditure of the
Corporation adopted under section 297 of The Municipal n.s.o. i960.
Act for a fiscal year in which the Corporation by by-law
authorizes and directs payment for private drain connections.
(2) The council of the Corporation may pass a by-law or^°""^*^'gg
by-laws in the year 1969 and thereafter authorizing and by-laws
directing payment of the costs of construction of private
drain connections in the year 1968 and thereafter. Lands
deemed not
liable to
2. — (1) Notwithstanding subsection 9 of section 4 of TAe InT^"^®""*
Assessment Act, the real property described in Instrument *^^^*'°^
No. 37835 A.B. registered in the Registry Ofifice for thee. '23
Pr21
Registry Division for the County of Wentworth on the 29th
day of December, 1966 in the name of the Corporation as
registered owner shall be deemed to have been not liable to
assessment and taxation from and including the 31st day of
December. 1966 to and including the 31st day of August, 1967.
canceii^ation (2) Taxes in the amount of $1,433.60 levied for the period
set out in subsection 1 against the tenant or lessee of the real
property referred to therein are cancelled.
^^"i^^ • 3. — (1) The lands described in Schedule A hereto are
vested m ^ ' • % /-^ • r
Corporation hereby vested in the Corporation freed from all trusts, limita-
tions, conditions, restrictions, covenants or other defects
affecting the lands.
ofTands*fo? ^^^ ^^^ Corporation shall, in addition to any other use,
market permit the use of such part of the lands described in Schedule B
hereto as the Corporation shall designate for market purposes
in accordance with any by-laws or resolutions passed by the
council of the Corporation under the provisions of The
f'.'243'^^^^' Municipal Act or any Act respecting the City of Hamilton
affecting markets, but the provisions of this section shall not
be deemed to restrict the Corporation in the exercise of any
of its powers respecting any of such lands required for high-
way purposes, provided that the land so designated shall
provide not less market space than the space being used for
market purposes on the lands described in Schedule A on
the day that this section comes into force.
1959, c. 116, 4, Section 1 of The City of Hamilton Act, 1959 and the
Schedule Schedule thereto are repealed.
repealed
ment"^^'^'^^ 5. — (1) This Act, except section 1, comes into force on the
day it receives Royal Assent.
Idem
(2) Section 1 shall be deemed to have come into force on
the 1st day of January, 1968.
Short title
6. This Act may be cited as The City of Hamilton Act,
1968-69.
Pr21
SCHEDULE A
All and Singular that certain parcel or tract of land and premises,
situate, lying and being in the City of Hamilton, in the County of Went-
worth and Province of Ontario and being composed of part of David
Kirkendall's Survey, registered in the Registry Office for the Registry
Division of the County of Wentworth as Plan No. 39, and part of Andrew
Miller's Seven Acre Tract, being in the block bounded by James Street,
Merrick Street, MacNab Street and Market Square in the City of Hamil-
ton, and which said parcel may be more particularly described as follows:
Beginning at a point in the southern limit of Merrick Street, distant
therein westerly one hundred and seventy feet and five and one-quarter
inches (170' 534") from the western limit of James Street; thence con-
tinuing westerly along the said southern limit of Merrick Street, two
hundred feet and three inches (200' 3") more or less to the eastern limit
of MacNab Street; thence southerly along the said eastern limit of Mac-
Nab Street, two hundred and ninety-two feet and ten and three-quarter
inches (292' 10%") more or less to the northern limit of Market Square,
as defined by City of Hamilton By-law No. 7583; thence easterly along
the said northern limit of Market Square, two hundred and seventeen feet
and seven and one-half inches (217' 7^^") more or less to the production
southerly of the western limit of a twenty-foot (20' 0") right-of-way
granted to the T. Eaton Company Limited by Instrument No. 269534 N.S. ;
thence northerly to and along the western limit of the said right-of-way,
three hundred and seventy-five feet and two and one-half inches (375' 234")
more or less to the place of beginning.
Pr21
SCHEDULE B
All and Singular that certain parcel or tract of land and premises
situate, lying and being in the City of Hamilton, in the County of Went-
worth and Province of Ontario and being more particularly described
as follows:
Beginning at the point where the northern limit of Merrick Street
intersects the west limit of Bay Street; thence southerly along the west
limit of Bay Street to the southerly limit of Main Street; thence easterly
along the southerly limit of Main Street to the point where the same would
be intersected by the production southerly of the westerly limit of Lot 22
in the block bounded by James Street, Main Street, MacNab Street and
King Street, according to the unregistered survey known as P. H. Hamilton
Survey; thence northerly to and along the westerly limit of the said Lot 22
to the northwest angle of that Lot; thence westerly along the projection
of the northerly limit of that Lot to a point therein which point is distant
230 feet measured westerly therealong from the westerly limit of James
Street; thence northerly and on a course parallel to the westerly limit of
James Street to the northerly limit of Lot 20, according to the Plan to
which reference is hereinbefore made; thence easterly along the northerly
limit of the said Lot 20 and Lot 21, according to the same Survey, and
continuing in a straight line to the point of intersection with the easterly
limit of James Street; thence northerly along the easterly limit of James
Street to the point of intersection with the northerly limit of Merrick
Street; thence westerly along the northerly limit of Merrick Street to the
place of beginning.
Pr21
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BILL Pr21
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Hamilton
Mrs. Pritchard
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr21 1968-69
An Act respecting the City of Hamilton
WHEREAS The Corporation of the City of Hamilton, Preamble
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. — (1) Notwithstanding The Local Improvement Act, colts^of
where the Corporation, draln*^
connections
(a) constructs separate storm water sewers and sanitary R.s.o. i960,
sewers in the replacement, construction or recon-
struction in whole or in part of any combined storm
water sewer and sanitary sewer; and
{h) undertakes, without the request of any of the owners
of the abutting lands, the construction of private
drain connections from the main sewer to the street
line,
the costs of such private drain connections that otherwise
would be specially assessed upon the particular lots to serve
which they are constructed shall be paid by the Corpora- ,
tion from the estimates of revenue and expenditure of the
Corporation adopted under section 297 of The Municipal R.sx). i960.
Act for a fiscal year in which the Corporation by by-law
authorizes and directs payment for private drain connections.
(2) The council of the Corporation may pass a by-law or^o^^^^^g
by-laws in the year 1969 and thereafter authorizing and by-laws
directing payment of the costs of construction of private
drain connections in the year 1968 and thereafter. Lands
deemed not
liable to
2.— (1) Notwithstanding subsection 9 of section 4 of T/^e fnT'"'^''*
Assessment Act, the real property described in Instrument ^^^Uon
No. 37835 A.B. registered in the Registry Office for the c. "23
Pr21
Registry Division for the County of Wentworth on the 29th
day of December, 1966 in the name of the Corporation as
registered owner shall be deemed to have been not liable to
assessment and taxation from and including the 31st day of
December, 1966 to and including the 31st day of August, 1967.
Cam;eiiation (2) Taxes in the amount of $1,433.60 levied for the period
set out in subsection 1 against the tenant or lessee of the real
property referred to therein are cancelled.
vested in ^' — ^^^ ^^^ lands described in Schedule A hereto are
Corporation hereby vested in the Corporation freed from all trusts, limita-
^ ;>i V. ^jQj^g^ conditions, restrictions, covenants or other defects
affecting the lands.
Designation
of lands
for market
purposes
(2) Notwithstanding subsection 1, upon application to the
Corporation by the Hamilton Central Market Stall Holders
Association, the Corporation, if it is satisfied that it is neces-
sary to relocate temporarily the market operated on the lands
described in Schedule A hereto, shall provide a temporary
site of approximately one acre in area to be used as a market,
such site to be located within the area bounded by Hunter,
Merrick, Bay and John Streets in the City of Hamilton as
may be decided upon from time to time by the Corporation.
^^^"^ (3) Notwithstanding subsection 2, where the Corporation
is satisfied that it is necessary to relocate permanently the
market referred to in subsection 2, it shall, in addition to any
other use, permit the use of any part of the lands described
in Schedule B hereto, as the Corporation shall designate for
market purposes, in accordance with any by-laws or resolu-
tions passed by the council of the Corporation under the
c!'249" ■^^^°' provisions of The Municipal Act or any Act respecting the
City of Hamilton affecting markets, provided that the part
so designated shall be not less than one acre in area.
restricted^* ^"^^ Nothing in this section shall be deemed to restrict the
Corporation in the exercise of any of its powers respecting
any of the lands referred to in subsections 2 and 3. "^Pl
1959, c. 116. 4, Section 1 of The City of Hamilton Act, 1959 and the
fepeaiecT Schedule thereto are repealed.
Commence-
ment
5. — (1) This Act, except section 1, comes into force on the
day it receives Royal Assent.
Idem
(2) Section 1 shall be deemed to have come into force on
the 1st day of January, 1968.
Short title
6. This Act may be cited as The City of Hamilton Act,
1968-69.
Pr21
SCHEDULE A
All and Singular that certain parcel or tract of land and premises,
situate, lying and being in the City of Hamilton, in the County of Went-
worth and Province of Ontario and being composed of part of David
Kirkendall's Survey, registered in the Registry Office for the Registry
Division of the County of Wentworth as Plan No. 39, and part of Andrew
Miller's Seven Acre Tract, being in the block bounded by James Street,
Merrick Street, MacNab Street and Market Square in the City of Hamil-
ton, and which said parcel may be more particularly described as follows:
Beginning at a point in the southern limit of Merrick Street, distant
therein westerly one hundred and seventy feet and five and one-quarter
inches (170' 53^') from the western limit of James Street; thence con-
tinuing westerly along the said southern limit of Merrick Street, two
hundred feet and three inches (200' 3") more or less to the eastern limit
of MacNab Street; thence southerly along the said eastern limit of Mac-
Nab Street, two hundred and ninety-two feet and ten and three-quarter
inches (292' 10^") more or less to the northern limit of Market Square,
as defined by City of Hamilton By-law No. 7583; thence easterly along
the said northern limit of Market Square, two hundred and seventeen feet
and seven and one-half inches (217' 73^") more or less to the production
southerly of the western limit of a twenty-foot (20' 0') right-of-way
granted to the T. Eaton Company Limited by Instrument No. 269534 N.S.;
thence northerly to and along the western limit of the said right-of-way,
three hundred and seventy-five feet and two and one-half inches (375' 23^')
more or less to the place of beginning.
Pr21
SCHEDULE B
All and Singular that certain parcel or tract of land and premises
situate, lying and being in the City of Hamilton, in the County of Went-
worth and Province of Ontario and being more particularly described
as follows:
Beginning at the point where the northern limit of Merrick Street
intersects the west limit of Bay Street; thence southerly along the west
limit of Bay Street to the southerly limit of Main Street; thence easterly
along the southerly limit of Main Street to the point where the same would
be intersected by the production southerly of the westerly limit of Lot 22
in the block bounded by James Street, Main Street, MacNab Street and
King Street, according to the unregistered survey known as P. H. Hamilton
Survey; thence northerly to and along the westerly limit of the said Lot 22
to the northwest angle of that Lot; thence westerly along the projection
of the northerly limit of that Lot to a point therein which point is distant
230 feet measured westerly therealong from the westerly limit of James
Street; thence northerly and on a course parallel to the westerly limit of
James Street to the northerly limit of Lot 20, according to the Plan to
which reference is hereinbefore made; thence easterly along the northerly
limit of the said Lot 20 and Lot 21, according to the same Survey, and
continuing in a straight line to the point of intersection with the easterly
limit of James Street; thence northerly along the easterly limit of James
Street to the point of intersection with the northerly limit of Merrick
Street; thence westerly along the northerly limit of Merrick Street to the
place of beginning.
Pr21
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BILL Pr21
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Hamilton
Mrs. Pritchard
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr21 1968-69
An Act respecting the City of Hamilton
WHEREAS The Corporation of the City of Hamilton, p^®^"^'^^®
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth; and whereas it is expedient to grant the
prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
l.—(l) Notwithstanding The Local Improvement Act,^ostflf^ ""^
where the Corporation, draln*^
connections
{a) constructs separate storm water sewers and sanitary R.s.o. i960,
sewers in the replacement, construction or recon-'^'
struction in whole or in part of any combined storm
water sewer and sanitary sewer; and
{b) undertakes, without the request of any of the owners
of the abutting lands, the construction of private
drain connections from the main sewer to the street
line,
the costs of such private drain connections that otherwise
would be specially assessed upon the particular lots to serve
which they are constructed shall be paid by the Corpora-
tion from the estimates of revenue and expenditure of the
Corporation adopted under section 297 of The Municipal R.s.o. i960.
Act for a fiscal year in which the Corporation by by-law
authorizes and directs payment for private drain connections.
(2) The council of the Corporation may pass a by-law or^^^'^^^^gg
by-laws in the year 1969 and thereafter authorizing and by-laws
directing payment of the costs of construction of private
drain connections in the year 1968 and thereafter. Lands
deemed not
liable to
2.— (1) Notwithstanding subsection 9 of section 4 of The l^^i^^"^^""^
Assessment Act, the real property described in Instrument *^^^*^"^"
No. 37835 A.B. registered in the Registry Office for thee. '23
Pr21
Registry Division for the County of Wentworth on the 29th
day of December, 1966 in the name of the Corporation as
registered owner shall be deemed to have been not liable to
assessment and taxation from and including the 31st day of
December. 1966 to and including the 31st day of August, 1967.
?f%"ale?*'°" (2) Taxes in the amount of $1,433.60 levied for the period
set out in subsection 1 against the tenant or lessee of the real
property referred to therein are cancelled.
Lands 3, — (1) The lands described in Schedule A hereto are
vested m , , , . , ^-,
Corporation hereby vested m the Corporation freed from all trusts, limita-
tions, conditions, restrictions, covenants or other defects
affecting the lands.
Designation
of lands
for market
purposes
(2) Notwithstanding subsection 1, upon application to the
Corporation by the Hamilton Central Market Stall Holders
Association, the Corporation, if it is satisfied that it is neces-
sary to relocate temporarily the market operated on the lands
described in Schedule A hereto, shall provide a temporary
site of approximately one acre in area to be used as a market,
such site to be located within the area bounded by Hunter,
Merrick, Bay and John Streets in the City of Hamilton as
may be decided upon from time to time by the Corporation.
Idem
R.S.O.
c. 249
1960,
(3) Notwithstanding subsection 2, where the Corporation
is satisfied that it is necessary to relocate permanently the
market referred to in subsection 2, it shall, in addition to any
other use, permit the use of any part of the lands described
in Schedule B hereto, as the Corporation shall designate for
market purposes, in accordance with any by-laws or resolu-
tions passed by the council of the Corporation under the
provisions of The Municipal Act or any Act respecting the
City of Hamilton affecting markets, provided that the part
so designated shall be not less than one acre in area.
r'est'rtcted"* ^^^ Nothing in this section shall be deemed to restrict the
Corporation in the exercise of any of its powers respecting
any of the lands referred to in subsections 2 and 3.
1959. c. 116, 4, Section 1 of The City of Hamilton Act, 1959 and the
repealed® Schedule thereto are repealed.
ment"^"°®" 5. — (1) This Act, except section 1, comes into force on the
day it receives Royal Assent.
Idem
(2) Section 1 shall be deemed to have come into force on
the 1st day of January, 1968.
Short title
6. This Act may be cited as The City of Hamilton Act,
1968-69.
Pr21
SCHEDULE A
All and Singular that certain parcel or tract of land and premises,
situate, lying and being in the City of Hamilton, in the County of Went-
worth and Province of Ontario and being composed of part of David
Kirkendall's Survey, registered in the Registry Office for the Registry
Division of the County of Wentworth as Plan No. 39, and part of Andrew
Miller's Seven Acre Tract, being in the block bounded by James Street,
Merrick Street, MacNab Street and Market Square in the City of Hamil-
ton, and which said parcel may be more particularly described as follows:
Beginning at a point in the southern limit of Merrick Street, distant
therein westerly one hundred and seventy feet and five and one-quarter
inches (170' SM") from the western limit of James Street; thence con-
tinuing westerly along the said southern limit of Merrick Street, two
hundred feet and three inches (200' 3") more or less to the eastern limit
of MacNab Street; thence southerly along the said eastern limit of Mac-
Nab Street, two hundred and ninety-two feet and ten and three-quarter
inches (292' 10^") more or less to the northern limit of Market Square,
as defined by City of Hamilton By-law No. 7583; thence easterly along
the said northern limit of Market Square, two hundred and seventeen feet
and seven and one-half inches (217' 714") rnore or less to the production
southerly of the western limit of a twenty-foot (20' 0") right-of-way
granted to the T. Eaton Company Limited by Instrument No. 269534 N.S. ;
thence northerly to and along the western limit of the said right-of-way,
three hundred and seventy-five feet and two and one-half inches (375' 23^")
more or less to the place of beginning.
Pr21
SCHEDULE B
All and Singular that certain parcel or tract of land and premises
situate, lying and being in the City of Hamilton, in the County of Went-
worth and Province of Ontario and being more particularly described
as follows:
Beginning at the point where the northern limit of Merrick Street
intersects the west limit of Bay Street; thence southerly along the west
limit of Bay Street to the southerly limit of Main Street; thence easterly
along the southerly limit of Main Street to the point where the same would
be intersected by the production southerly of the westerly limit of Lot 22
in the block bounded by James Street, Main Street, MacNab Street and
King Street, according to the unregistered survey known as P. H. Hamilton
Survey; thence northerly to and along the westerly limit of the said Lot 22
to the northwest angle of that Lot; thence westerly along the projection
of the northerly limit of that Lot to a point therein which point is distant
230 feet measured westerly therealong from the westerly limit of James
Street; thence northerly and on a course parallel to the westerly limit of
James Street to the northerly limit of Lot 20, according to the Plan to
which reference is hereinbefore made; thence easterly along the northerly
limit of the said Lot 20 and Lot 21, according to the same Survey, and
continuing in a straight line to the point of intersection with the easterly
limit of James Street; thence northerly along the easterly limit of James
Street to the point of intersection with the northerly limit of Merrick
Street; thence westerly along the northerly limit of Merrick Street to the
place of beginning.
Pr21
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BILL Pr22
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Township of Teck
►
Mr. Jackson
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Qxteen's Printer
<"t«t ri?n
HBP.'i'ft n/S
a '^ <i\P,''i
BILL Pr22 1968-69
An Act respecting the Township of Teck
WHEREAS The Corporation of the Township of Teck Preamble
by its petition has prayed for special legislation in
respect of the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and
consent of the Province of Ontario, enacts as follows:
1. The council of The Corporation of the Township of j^jmIw*^"*^®
Teck may pass a by-law, without obtaining the approval of ^"*^°''*^®**
the Ontario Municipal Board, providing for the issue of a
debenture or debentures in a principal amount not exceeding
$187,158, payable in not more than twenty years, for the
purpose of paying the cost of an addition and alterations to
the Kirkland Lake Collegiate and Vocational Institute.
2. Sections 55, 56, 57 and 58 of The Ontario Municipal ^^p^^^''^^^°^
Board Act apply in respect of a by-law passed under section 1 ^l-^- ^^^o,
and the debenture or debentures to be issued thereunder.
3. For the purposes of every Act, the Ontario Municipal ^^^-^^
Board shall be deemed to have issued an order under section 31 ^PP^°y?*L
of The Secondary Schools and Boards of Education Act and r.s.o. i960,
section 64 of The Ontario Municipal Board Act authorizing °°- ^^^' ^''^^
The Corporation of the Township of Teck to proceed with the
undertaking referred to in section 1 and authorizing the Cor-
poration to issue a debenture or debentures under section 1.
4. This Act comes into force on the day it receives Royal ment™^'^°^
Assent.
5. This Act may be cited as The Township of Teck Act,^^'^^^ ^^^^^
1968-69.
Pr22
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BILL Pr22
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the Township of Teck
Mr. Jackson
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr22 1968-69
An Act respecting the Township of Teck
WHEREAS The Corporation of the Township of Teck Preamble
by its petition has prayed for special legislation in
respect of the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and
consent of the Province of Ontario, enacts as follows:
1. The council of The Corporation of the Township ofSf-ilw""®
Teck may pass a by-law, without obtaining the approval of ^"*'^°"^®'^
the Ontario Municipal Board, providing for the issue of a
debenture or debentures in a principal amount not exceeding
$187,158, payable in not more than twenty years, for the
purpose of paying the cost of an addition and alterations to
the Kirkland Lake Collegiate and Vocational Institute.
2. Sections 55, 56, 57 and 58 of The Ontario Municipal ^^^^^'''^^^''^
Board Act apply in respect of a by-law passed under section 1 R'l-O- 1960
and the debenture or debentures to be issued thereunder,
3. For the purposes of every Act, the Ontario Municipal ^^^-^^
Board shall be deemed to have issued an order under section 31 uPPq°J[|^r
of The Secondary Schools and Boards of Education Act and r.s.o. i960,
section 64 of The Ontario Municipal Board Act authorizing °'^- ^^^' ^'^^
The Corporation of the Township of Teck to proceed with the
undertaking referred to in section 1 and authorizing the Cor-
poration to issue a debenture or debentures under section 1.
4. This Act comes into force on the day it receives Royal ment^^'^^^
Assent.
5. This Act may be cited as The Township of Teck Act,^^"""^^'^^^
1968-69.
Pr22
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BILL Pr23
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Maimonides Schools for Jewish Studies
Mr. Singer
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
it. i O i
BILL Pr23 1968-69
An Act respecting
Maimonides Schools for Jewish Studies
WHEREAS Harry P. Botnick, Abraham Bleeman, Preamble
Yaakov S. Weinberg, Sandor Hofstedter, Wilferd
Gordon, Q.C., Mark A. Levy, Alex Rubin, Gedalyah Felder,
Nachum L. Rabinovitch and Nota Schiller by their petition
have represented that it is desirable to incorporate an insti-
tution for studies and research in higher Jewish learning and
cognate fields within the Province of Ontario ; and whereas the
petitioners have prayed for special legislation to effect such
purpose; and whereas it is expedient to grant the prayer of
the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Harry P. Botnick, Abraham Bleeman, Yaakov S.lJ'oT''''''^'
Weinberg, Sandor Hofstedter, Wilferd Gordon, Q.C., Mark A.
Levy, Alex Rubin, Gedalyah Felder, Nachum L. Rabinovitch,
Nota Schiller and such other persons as may hereafter be
elected or appointed President, or a member of the Senate or
Board of Governors of Maimonides Schools, are hereby con-
stituted a body politic and corporate with perpetual suc-
cession and a common seal under the name of "Maimonides
Schools for Jewish Studies", hereinafter called Maimonides
Schools.
Powers
2. Maimonides Schools has university powers, including
the power,
(a) to establish and maintain faculties, institutes, de- ^^.cuities
partments, chairs and courses for studies and research
in higher Jewish learning and cognate fields;
(6) to establish and maintain a faculty of Rabbinics
and Theology;
Pr23
Degrees (c) to grant in all branches of higher Jewish learning
any and all university degrees and honorary degrees
and diplomas; provided that any general courses
shall be taken at or under the supervision of a
university with degree-granting rights conferred by
the Legislature of the Province of Ontario;
Affiliation ^^^ j-q affiliate with, or take into affiliation or federate
with, other colleges, schools, universities and in-
stitutions of learning on such terms and for such
periods of time as the Board of Governors may
determine;
tioM°* (^) t° publish and distribute periodicals and books
related to studies and research in higher Jewish
learning;
Fellowships (y^ ^q establish fellowships for students engaged in
studies and research in higher Jewish learning.
Prop^rt^y ^^ ^* — (1) Maimonides Schools has in addition to the powers,
c. 191 ' rights and privileges mentioned in section 26 of The Interpre-
tation Act, the power to purchase or otherwise acquire, take
or receive by gift, deed, bequest or devise or otherwise any
real or personal property absolutely or in trust and to hold
and enjoy any estate or property whatsoever, and to sell,
grant, convey, mortgage, hypothecate, pledge, charge, lease
and otherwise dispose of the same or any part thereof from
time to time as occasion may require, and to acquire other
estate and property in addition thereto without licence in
mortmain and without limitation as to the period of holding.
Borrowing (2) Maimonides Schools has power,
Powers
{a) to borrow money on its credit in such amounts, on
such terms and from such persons, firms and cor-
porations, including chartered banks, as may be
determined by the Board of Governors;
(6) to make, draw and endorse promissory notes or bills
of exchange;
(c) to mortgage, hypothecate, pledge or charge any or
all of its personal and real property to secure any
money so borrowed or the fulfilment of the obliga-
tion incurred by it under any promissory note or
bill of exchange signed, made, drawn or endorsed
by it;
{d) to issue bonds, debentures and obligations on such
terms and conditions as the Board of Governors
Pr23
may decide and to pledge or sell such bonds, deben-
tures and obligations for such sums and at such
prices as the Board of Governors may decide and
may mortgage, charge, hypothecate or pledge all or
any part of its real or personal property to secure
any such bonds, debentures and obligations.
4. The funds of Maimonides Schools not immediately re-^J^J^^r^^^^
quired for its purposes and the proceeds of all property that
come into Maimonides Schools, subject to any trusts affecting
the same, may be invested and reinvested in such invest-
ments as the Board of Governors of Maimonides Schools
deems proper and all its property and revenue shall be applied
for the attainment of the objects for which Maimonides
Schools is constituted and to the payment of expenses incurred
for objects legitimately connected with or depending on the
purposes aforesaid.
5. — (1) There shall be a Board of Governors of Mai- oovernore
monides Schools that shall consist of the persons named in
section 1, who shall hold office until their successors are elected
or appointed, and such other persons, not exceeding eighteen
in number, as may be elected or appointed in such manner
and for such term as may be provided in the by-laws of the
Board.
(2) The Board of Governors shall appoint persons to fill vacancies
vacancies that occur in the Board.
(3) If, within any fiscal year of Maimonides Schools, a ^^
member of the Board of Governors, not having been granted
leave of absence by the Board, attends less than 50 per cent
of the regular meetings of the Board, the Board may, by
resolution, declare vacant the seat of such member.
6. The Board of Governors has the control, management mlat^of
and government of Maimonides Schools and has power to s^hSis"^**®^
make by-laws, rules and regulations not contrary to law or the
provisions of this Act,
(a) for the working and management of Maimonides
Schools;
(b) for determining the number of members of the
Board that shall constitute a quorum;
(c) respecting the election or appointment of members
of the Board; and
(d) regulating all matters pertaining to meetings of the
Board.
Pr23
President
Idem
7. — (1) The first President of Maimonides Schools shall be
Rabbi Yaakov S. Weinberg, and his successors and all subse-
quent Presidents shall be appointed by the Board of Gover-
nors and the Senate of Maimonides Schools from a panel
of candidates to be recommended by an international board
of educators in higher Jewish learning, which board shall be
appointed by the Senate.
(2) The President shall be responsible, with the advice of
the Senate of Maimonides Schools, for supervising, directing
and regulating the system of education of Maimonides Schools,
for determining the courses of study and standards of ad-
mission and qualifications for degrees, for conferring degrees,
and for appointing and removing members of the faculty and
the officers and servants of Maimonides Schools.
Senate
Vacancy
8. — (1) There shall be a Senate of Maimonides Schools
composed of,
(a) the President, who shall be its Chairman;
(b) two members of the Board of Governors;
(c) one representative elected by the student body;
(d) the Dean or Director, as the case may be, of each
faculty or department of Maimonides Schools;
(e) not fewer than three and not more than seven mem-
bers of the faculty to be elected by the faculty.
(2) The body possessing the power of election or appoint-
ment may fill a vacancy on the Senate for the unexpired
portion of any term.
Liability
of members,
etc.
9. Nothing herein contained has the eflfect or shall be
construed to have the effect of rendering all or any of the
members or officers of Maimonides Schools, or any person
whatsoever, individually liable or accountable for or by reason
of any debt, contract or security incurred or entered into for
or by reason of Maimonides Schools or for or on account or in
respect of any matter or thing whatsoever relating to Mai-
monides Schools.
Tax
exemption
10. Property vested in Maimonides Schools and any
property leased to and occupied by Maimonides Schools are
not liable for taxation for provincial, municipal or school pur-
poses and are exempt from every description of such taxation,
so long as the same are actually used and occupied for the
purposes of the Maimonides Schools.
Pr23
11. All property vested in Maimonides Schools shall, as a^p.*^°*^^^j.
far as the application thereto of any statute of limitations is limitations
concerned, be deemed to have been and to be real property
vested in the Crown for the public use of Ontario.
12. Real property vested in Maimonides Schools is not ^rlfperty
liable to be entered upon, used or taken by any corporation, expro1)ria-°
except a municipal corporation, or by any person possessing tion
the right of taking real property compulsorily for any purpose,
and no power to expropriate real property hereafter conferred
extends to such real property unless in the Act conferring the
power it is made in express terms to apply thereto.
13. This Act comes into force on the day it receives Royal ment"^^'^*^^"
Assent.
14. This Act may be cited as The Maimonides Schools for short title
Jewish Studies Act, 1968-69.
Pr23
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BILL Pr23
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Maimonides Schools for Jewish Studies
Mr. Singer
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr23 1968-69
An Act respecting
Maimonides Schools for Jewish Studies
WHEREAS Harry P. Botnick, Abraham Bleeman, Preamble
Yaakov S. Weinberg, Sandor Hofstedter, Wilferd
Gordon, Q.C., Mark A. Levy, Alex Rubin, Gedalyah Felder,
Nachum L. Rabinovitch and Nota Schiller by their petition
have represented that it is desirable to incorporate an insti-
tution for studies and research in higher Jewish learning and
cognate fields within the Province of Ontario ; and whereas the
petitioners have prayed for special legislation to effect such
purpose; and whereas it is expedient to grant the prayer of
the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Harry P. Botnick, Abraham Bleeman, Yaakov S. JP^^o'^po'"*-
Weinberg, Sandor Hofstedter, Wilferd Gordon, Q.C., Mark A.
Levy, Alex Rubin, Gedalyah Felder, Nachum L. Rabinovitch,
Nota Schiller and such other persons as may hereafter be
elected or appointed President, or a member of the Senate or
Board of Governors of Maimonides Schools, are hereby con-
stituted a body politic and corporate with perpetual suc-
cession and a common seal under the name of "Maimonides
Schools for Jewish Studies", hereinafter called Maimonides
Schools.
2. Maimonides Schools has the following university Powers
powers :
(a) to establish and maintain a faculty of Rabbinics ?^^J'^'^^gg
and Theology, and institutes, departments, chairs etc.
and courses for studies and research in higher Jewish
learning ;
(b) to grant in all branches of higher Jewish learning all degrees
university degrees that are specific in their designa-
Pr23
tion to branches of higher Jewish learning, and such
diplomas as it deems appropriate, but such power
shall only be effective if, as the result of federation,
affiliation or agreement, provision is in effect for
courses not directly related to higher Jewish learning
to be taken by its students at or under the super-
vision of a university which has had degree-
granting rights conferred by the Legislature of the
Province of Ontario. "^iiPl
Affiliation (c) to affiliate with, or take into affiliation or federate
with, other colleges, schools, universities and in-
stitutions of learning on such terms and for such
periods of time as the Board of Governors may
determine;
tions^*" (^) to publish and distribute periodicals and books
related to studies and research in higher Jewish
learning ;
Fellowships (^g^ ^Q establish fellowships for students engaged in
studies and research in higher Jewish learning.
R^s^o'^*i96o ^* — ^^^ Maimonides Schools has in addition to the powers,
0. 191 rights and privileges mentioned in section 26 of The Interpre-
tation Act, the power to purchase or otherwise acquire, take
or receive by gift, deed, bequest or devise or otherwise any
real or personal property necessary for its actual use and
occupation or for carrying on its undertaking absolutely or in
trust and to hold and enjoy any estate or property whatsoever,
and to sell, grant, convey, mortgage, hypothecate, pledge,
charge, lease and otherwise dispose of the same or any part
thereof from time to time as occasion may require, and to
acquire other estate and property in addition thereto without
licence in mortmain and without limitation as to the period
of holding.
PowerT"^ (2) Maimonides Schools has power,
(a) to borrow money on its credit in such amounts, on
such terms and from such persons, firms and cor-
porations, including chartered banks, as may be
determined by the Board of Governors;
(6) to make, draw and endorse promissory notes or bills
of exchange ;
(c) to mortgage, hypothecate, pledge or charge any or
all of its personal and real property to secure any
money so borrowed or the fulfilment of the obliga-
tion incurred by it under any promissory note or
bill of exchange signed, made, drawn or endorsed
by it;
Pr23
{d) to issue bonds, debentures and obligations on such
terms and conditions as the Board of Governors
may decide and to pledge or sell such bonds, deben-
tures and obligations for such sums and at such
prices as the Board of Governors may decide and
may mortgage, charge, hypothecate or pledge all or
any part of its real or personal property to secure
any such bonds, debentures and obligations.
4. The funds of Maimonides Schools not immediately re- po^lrs"®'^
quired for its purposes and the proceeds of all property that
come into Maimonides Schools, subject to any trusts affecting
the same, may be invested and reinvested in such invest-
ments as the Board of Governors of Maimonides Schools
deems proper and all its property and revenue shall be applied
for the attainment of the objects for which Maimonides
Schools is constituted and to the payment of expenses incurred
for objects legitimately connected with or depending on the
purposes aforesaid.
5. — (1) There shall be a Board of Governors of Mai- Qovernore
monides Schools that shall consist of the persons named in
section 1, who shall hold office until their successors are elected
or appointed, and such other persons, not exceeding eighteen
in number, as may be elected or appointed in such manner
and for such term as may be provided in the by-laws of the
Board.
(2) The Board of Governors shall appoint persons to fiH vacancies
vacancies that occur in the Board.
(3) If, within any fiscal year of Maimonides Schools, a^*^®"^
member of the Board of Governors, not having been granted
leave of absence by the Board, attends less than 50 per cent
of the regular meetings of the Board, the Board may, by
resolution, declare vacant the seat of such member.
6. The Board of Governors has the control, management ^a^iage-
and government of Maimonides Schools and has power to Maimonides
til . . 1 • II Schools
make by-laws, rules and regulations not contrary- to law or the
provisions of this Act,
{a) for the working and management of Maimonides
Schools;
{h) for determining the number of members of tiie
Board that shall constitute a quorum;
(c) respecting the election or appointment of members
of the Board ; and
{d) regulating all matters pertaining to meetings of the
Board.
Pr23
President
Idem
7. — (1) The first President of Maimonides Schools shall be
Rabbi Yaakov S. Weinberg, and his successors and all subse-
quent Presidents shall be appointed by the Board of Gover-
nors and the Senate of Maimonides Schools from a panel
of candidates to be recommended by an international board
of educators in higher Jewish learning, which board shall be
appointed by the Senate.
(2) The President shall be responsible, with the advice of
the Senate of Maimonides Schools, for supervising, directing
and regulating the system of education of Maimonides Schools,
for determining the courses of study and standards of ad-
mission and qualifications for degrees, for conferring degrees,
and for appointing and removing members of the faculty and
the officers and servants of Maimonides Schools.
Senate
8. — (1) There shall be a Senate of Maimonides Schools
composed of,
(a) the President, who shall be its Chairman;
(b) two members of the Board of Governors;
(c) two representatives elected by the student body;
Vacancy
Liability
of members,
etc.
(d) the Dean or Director, as the case may be, of each
faculty or department of Maimonides Schools;
(e) not fewer than three and not more than seven mem-
bers of the faculty to be elected by the faculty.
(2) The body possessing the power of election or appoint-
ment may fill a vacancy on the Senate for the unexpired
portion of any term.
9. Nothing herein contained has the effect or shall be
construed to have the effect of rendering all or any of the
members or officers of Maimonides Schools, or any person
whatsoever, individually liable or accountable for or by reason
of any debt, contract or security incurred or entered into for
or by reason of Aiaimonides Schools or for or on account or in
respect of any matter or thing whatsoever relating to Mai-
monides Schools.
Tax
exemption
10. Property vested in Maimonides Schools and any
property leased to and occupied by Maimonides Schools are
not liable for taxation for provincial, municipal or school pur-
poses and are exempt from every description of such taxation,
so long as the same are actually used and occupied for the
purposes of the Maimonides Schools.
Pr23
11. All property vested in Maimonides Schools shall, SL^of^iLuSe^ot
far as the application thereto of any statute of limitations is limitations
concerned, be deemed to have been and to be real property
vested in the Crown for the public use of Ontario.
12. Real property vested in Maimonides Schools is not ^i?(fperty
liable to be entered upon, used or taken by any corporation, ex^rcf ria-°
except a municipal corporation, or by any person possessing tion
the right of taking real property compulsorily for any purpose,
and no power to expropriate real property hereafter conferred
extends to such real property unless in the Act conferring the
power it is made in express terms to apply thereto.
13. This Act comes into force on the day it receives Royal ment"^'^°*"
Assent.
14. This Act may be cited as The Maimonides Schools for short title
Jewish Studies Act, 1968-69.
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BILL Pr23
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Maimonides Schools for Jewish Studies
Mr. Singer
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr23 1968-69
An Act respecting
Maimonides Schools for Jewish Studies
WHEREAS Harry P. Botnick, Abraham Bleeman, Preamble
Yaakov S. Weinberg, Sandor Hofstedter, Wilferd
Gordon, Q.C., Mark A. Levy, Alex Rubin, Gedaiyah Felder,
Nachum L. Rabinovitch and Nota Schiller by their petition
have represented that it is desirable to incorporate an insti-
tution for studies and research in higher Jewish learning and
cognate fields within the Province of Ontario ; and whereas the
petitioners have prayed for special legislation to effect such
purpose; and whereas it is expedient to grant the prayer of
the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Harry P. Botnick, Abraham Bleeman, Yaakov S. i^-^^^f •'po''*-
Weinberg, Sandor Hofstedter, Wilferd Gordon, Q.C., Mark A.
Levy, Alex Rubin, Gedaiyah Felder, Nachum L. Rabinovitch,
Nota Schiller and such other persons as may hereafter be
elected or appointed President, or a member of the Senate or
Board of Governors of Maimonides Schools, are hereby con-
stituted a body politic and corporate with perpetual suc-
cession and a common seal under the name of "Maimonides
Schools for Jewish Studies", hereinafter called Maimonides
Schools.
2, Maimonides Schools has the following university Powers
powers :
(a) to establish and maintain a faculty of Rabbinics ?|^Mj.i^fgg
and Theology, and institutes, departments, chairs etc.
and courses for studies and research in higher Jewish
learning;
(b) to grant in all branches of higher Jewish learning all Degrees
university degrees that are specific in their designa-
Pr23
tion to branches of higher Jewish learning, and such
diplomas as it deems appropriate, but such power
shall only be effective if, as the result of federation,
affiliation or agreement, provision is in effect for
courses not directly related to higher Jewish learning
to be taken by its students at or under the super-
vision of a university which has had degree-
granting rights conferred by the Legislature of the
Province of Ontario.
Amiiation (c) ^o aflfiliatc with, or take into affiliation or federate
with, other colleges, schools, universities and in-
stitutions of learning on such terms and for such
periods of time as the Board of Governors may
determine;
tions'*'^ (d) to publish and distribute periodicals and books
related to studies and research in higher Jewish
learning;
Fellowships ^g-) ^Q establish fellowships for students engaged in
studies and research in higher Jewish learning.
Property 3^ — q\ Maimonides Schools has in addition to the powers,
o. 191 rights and privileges mentioned in section 26 of fhe Interpre-
tation Act, the power to purchase or otherwise acquire, take
or receive by gift, deed, bequest or devise or otherwise any
real or personal property necessary for its actual use and
occupation or for carrying on its undertaking absolutely or in
trust and to hold and enjoy any estate or property whatsoever,
and to sell, grant, convey, mortgage, hypothecate, pledge,
charge, lease and otherwise dispose of the same or any part
thereof from time to time as occasion may require, and to
acquire other estate and property in addition thereto without
licence in mortmain and without limitation as to the period
of holding.
Powers'"*'' (2) Maimonides Schools has power,
(a) to borrow money on its credit in such amounts, on
such terms and from such persons, firms and cor-
porations, including chartered banks, as may be
determined by the Board of Governors;
(6) to make, draw and endorse promissory notes or bills
of exchange;
{c) to mortgage, hypothecate, pledge or charge any or
all of its personal and real property to secure any
money so borrowed or the fulfilment of the obliga-
tion incurred by it under any promissory note or
bill of exchange signed, made, drawn or endorsed
by it;
Pr23
(d) to issue bonds, debentures and obligations on such
terms and conditions as the Board of Governors
may decide and to pledge or sell such bonds, deben-
tures and obligations for such sums and at such
prices as the Board of Governors may decide and
may mortgage, charge, hypothecate or pledge all or
any part of its real or personal property to secure
any such bonds, debentures and obligations.
4. The funds of Maimonides Schools not immediately re- powfers"^"*
quired for its purposes and the proceeds of all property that
come into Maimonides Schools, subject to any trusts affecting
the same, may be invested and reinvested in such invest-
ments as the Board of Governors of Maimonides Schools
deems proper and all its property and revenue shall be applied
for the attainment of the objects for which Maimonides
Schools is constituted and to the payment of expenses incurred
for objects legitimately connected with or depending on the
purposes aforesaid.
5.— (1) There shall be a Board of Governors of Mai- g^fern°o™
monides Schools that shall consist of the persons named in
section 1, who shall hold office until their successors are elected
or appointed, and such other persons, not exceeding eighteen
in number, as may be elected or appointed in such manner
and for such term as may be provided in the by-laws of the
Board.
(2) The Board of Governors shall appoint persons to lill ^''^'-ancies
vacancies that occur in the Board.
(3) If, within any fiscal year of Maimonides Schools, a '^^™
member of the Board of Governors, not having been granted
leave of absence by the Board, attends less than 50 per cent
of the regular meetings of the Board, the Board ma>-, by
resolution, declare vacant the seat of such member.
6. The Board of Governors has the control, management '"^^^"^sf-
. ' *' ment of
and government of Maimonides Schools and has power to Maimonides
make by-laws, rules and regulations not contrary' to law or the
provisions of this Act,
(a) for the working and management of Maimonides
Schools;
(b) for determining the number of members of the
Board that shall constitute a quorum;
(c) respecting the election or appointment of members
of the Board; and
(d) regulating all matters pertaining to meetings of the
Board.
Pr23
President
Idem
7. — (1) The first President of Maimonides Schools shall be
Rabbi Yaakov S. Weinberg, and his successors and all subse-
quent Presidents shall be appointed by the Board of Gover-
nors and the Senate of Maimonides Schools from a panel
of candidates to be recommended by an international board
of educators in higher Jewish learning, which board shall be
appointed by the Senate.
(2) The President shall be responsible, with the advice of
the Senate of Maimonides Schools, for supervising, directing
and regulating the system of education of Maimonides Schools,
for determining the courses of study and standards of ad-
mission and qualifications for degrees, for conferring degrees,
and for appointing and removing members of the faculty and
the officers and servants of Maimonides Schools.
8. — (1) There shall be a Senate of Maimonides Schools
composed of,
(a) the President, who shall be its Chairman;
(b) two members of the Board of Governors;
(c) two representatives elected by the student body;
(d) the Dean or Director, as the case may be, of each
faculty or department of Maimonides Schools;
(e) not fewer than three and not more than seven mem-
bers of the faculty to be elected by the faculty.
Vacancy
Liability
of members,
etc.
(2) The body possessing the power of election or appoint-
ment may fill a vacancy on the Senate for the unexpired
portion of any term.
9. Nothing herein contained has the effect or shall be
construed to have the effect of rendering all or any of the
members or officers of Maimonides Schools, or any person
whatsoever, individually liable or accountable for or by reason
of any debt, contract or security incurred or entered into for
or by reason of Maimonides Schools or for or on account or in
respect of any matter or thing whatsoever relating to Mai-
monides Schools.
Tax
exemption
10. Property vested in Maimonides Schools and any
property leased to and occupied by Maimonides Schools are
not liable for taxation for provincial, municipal or school pur-
poses and are exempt from every description of such taxation,
so long as the same are actually used and occupied for the
purposes of the Maimonides Schools.
Pr23
11. All property vested in Maimonides Schools shall, as ^^PP^^^^^wn ^
far as the application thereto of any statute of limitations is limitations
concerned, be deemed to have been and to be real property
vested in the Crown for the public use of Ontario.
12. Real property vested in Maimonides Schools is not ^j-o^perty
liable to be entered upon, used or taken by any corporation, '^o*^!**^®*®
except a municipal corporation, or by any person possessing tion
the right of taking real property compulsorily for any purpose,
and no power to expropriate real property hereafter conferred
extends to such real property unless in the Act conferring the
power it is made in express terms to apply thereto.
13. This Act comes into force on the day it receives Royal ment"^'^''^".
Assent.
14. This Act may be cited as The Maimonides Schools for short title
Jewish Studies Act, 1968-69.
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BILL Pr24
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the Town of Whitby
Mr. Newman (Ontario South)
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
^' -'■'^'' |iiltD^qi?3-,
>: D T
BILL Pr24 1968-69
An Act respecting the Town of Whitby
WHEREAS The Corporation of the Town of Whitby, P'-^^'^^ie
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters here-
inafter set forth; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding paragraph 99 of subsection 1 of^fyg^of*^
section 379 of The Municipal Act, the council of the Corpora- ^q'j.''^^^°,j1|'^^^
tion may pass by-laws for entering into agreements with television
suppliers and distributors of cable television or community
television systems for the use by them of any highway or
public place, and to erect and maintain thereon poles, towers,
wires, cables, amplifiers and other accessory equipment and
to construct and lay down pipes, ducts and conduits for en-
closing wires, cables, amplifiers and other accessory equip-
ment for the purpose of transmitting electrical or electric
impulses, signals and messages of every nature and kind, in-
cluding those of alarm and protection systems, radio pro-
grammes or part thereof and television programmes or part
thereof and for such consideration and on such terms and con-
ditions as may be agreed upon.
2. By-law No. 106-68 of the Corporation, as amended by^^y-^^^^^
By-law No. 155-69, being "A by-law of The Corporation of
the Town of Whitby for authorizing and regulating the erec-
tion and maintenance of service wires, amplifiers and other
accessory equipment on any highway in the Town of Whitby
for the purpose of maintaining and operating in the Town of
Whitby a community television system for the interception,
sale and distribution of television signals", set forth in the
Schedule hereto, is hereby validated and confirmed and
declared to be legal.
Pr24
Commence- 3. This Act comes into force on the day it receives Royal
ment
Assent.
Short title 4, xhis Act may be cited as The Town of Whitby Act,
1968-69.
uo'f oxil §nil39Q
Pr24
SCHEDULE
THE CORPORATION OF THE TOWN OF WHITBY
By-law 106-68
A By-law of the Corporation of the Town of Whitby for authorizing and
regulating erection and maintenance of service wires, amplifiers and
other accessory equipment on any highway in the Town of Whitby
for the purpose of maintaining and operating in the Town of Whitby,
a community television system for the interception, sale and dis-
tribution of television signals.
Whereas the Council of The Corporation of the Town of Whitby is
by paragraph 99 of section 379 (1) of The Municipal Act authorized to pass
by-laws for authorizing and regulating the erection and maintenance of
service wires, amplifiers and other accessory equipment on any highway in
the Town of Whitby for the purpose of maintaining and operating in the
Town of Whitby a community television system for the interception, sale
and distribution of television signals;
And Whereas it is expedient to enact as hereinafter set forth;
Therefore the Council of The Corporation of the Town of Whitby
enacts as follows:
1. No person shall construct, erect, operate or maintain in, upon,
along, across, above, over and under any highway in the Town of Whitby
any service wires, underground conduits, manholes, amplifiers and other
television conductors and fixtures necessary for the maintenance and
operation of a community television system for the interception, sale and
distribution of television signals without first obtaining a permit from the
Engineer of the Corporation.
2. No person shall be granted a permit referred to in paragraph 1
of this by-law unless and until he procures a licence from the Department
ofJTransport of the Government of Canada which licence permits him to
install and operate a community antenna television system in a defined
area in the Town of Whitby.
3. The provisions of The Radio Act and the regulations made there-
under are hereby adopted and are intended to form part of this by-law.
4. No permit shall be issued to an applicant unless and until he has
entered into an agreement with the Town of Whitby prescribing the con-
sideration, terms and conditions of the grant of user by the Town to the
applicant of any portion of a highway in the Town of Whitby.
5. Every person who contravenes any of the provisions of this by-law
shall, upon conviction thereof, forfeit and pay at the discretion of the
magistrate a penalty not exceeding the sum of $300.00 (exclusive of costs)
for each oflfence.
By-law Read a First, Second and Third Time and Finally
Passed this 9th day of September, 1968.
Clerk Mayor
Pr24
THE CORPORATION OF THE TOWN OF WHITBY
By-law No. 155-69
Being a By-law to amend By-law No. 106-68.
Whereas the operations of community antenna television systems
have been brought within the provisions of the new Broadcasting Act R.S.C.;
And Whereas it is necessary to amend former by-law 106-68 of the
Town of Whitby as hereinafter set forth ;
Now Therefore Be It Enacted and It Is Hereby Enacted by
the Council of The Corporation of the Town of Whitby as follows:
1. Paragraph 2 of By-law 106-68 is repealed and the following pro-
vision is substituted therefor.
"No person shall be granted a permit referred to in paragraph 1 of
this by-law unless and until he has complied with the provisions of
The Broadcasting Act respecting permission to install and operate
community antenna and television systems in any defined area in the
Town of Whitby."
2. Paragraph 3 of By-law 106-68 is hereby repealed and the following
provision is substituted therefor.
"The provisions of The Radio Act and the regulations made thereunder
and the provisions of The Broadcasting Act, R.S.C. 1968, Chapter 25,
and the regulations made thereunder, are hereby adopted and are
intended to form part of this by-law."
This By-law Read a First, Second and Third Time and Finally
Passed this 20th day of January, 1969.
Clerk Mayor
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BILL Pr25
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Carleton University
Mr. Lawrence (Carleton East)
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr25 1968-69
An Act respecting Carleton University
WHEREAS Carleton University by its petition hasP^e^J^bie
shown that it is a body incorporated under the laws of
Ontario, having as parts of its constitution a Senate and
Faculty Boards, as defined more particularly in The Carleton ^^^"^^ c- ii7
University Act, 1952, and has prayed for certain changes in
its constitution; and whereas it is expedient to grant the
prayer of the petition;
Therefore, Her 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 Carleton University Act, 1952, s.' i, cf.'e, '
as amended by section 1 of The Carleton University Act, 7957 '■e-enacted
is repealed and the following substituted therefor:
(e) "Faculty Board" means the teaching staff of each
respective faculty or school of the University of the
rank of professor, associate professor, assistant pro-
fessor or lecturer, together with such students of the
faculty or school as may be chosen to be members of
each Faculty Board according to procedures estab-
lished bv bv-law.
2. Section 21 of The Carleton University Act, 1952, asi^ff. c- i^^-
amended by section 1 of The Carleton University Act, i^57, ^e-enacted
is repealed and the following substituted therefor:
21.— (1) There shall be a Senate of the University con- Senate
sisting of such persons chosen in such manner and
at such times as are determined by by-law, provided
that at least one-half the total number of persons
comprising the Senate shall be elected by the
Faculty Boards of the University from the members
of the Faculty Boards, in such manner as such
by-laws may specify.
Pr25
No ineligible
member or
invalid act
by reason
of age
(2) No person shall be ineligible to be a member of a
Faculty Board or of the Senate or of the Board of
Governors by reason only of his being under twenty-
one years of age, and no act of any such bodies of the
University shall be invalid by reason only of a mem-
ber or members of such bodies being under twenty-
one years of age.
Commence-
ment
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Carleton University Act,
1968-69.
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BILL Pr25
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Carleton University
Mr. Lawrence (Carleton East)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr25 1968-69
An Act respecting Carleton University
WHEREAS Carleton University by its petition has P'"®^""^^®
shown that it is a body incorporated under the laws of
Ontario, having as parts of its constitution a Senate and
Faculty Boards, as defined more particularly in The Carleton i952. c. 117
University Act, 1952, and has prayed for certain changes in
its constitution; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her 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 Carleton University Act, 1952, s. 1, 'cf.'«, '
as amended by section 1 of The Carleton University Act, 7957 re-enacted
is repealed and the following substituted therefor:
(e) "Faculty Board" means the teaching staff of each
respective faculty or school of the University of the
rank of professor, associate professor, assistant pro-
fessor or lecturer, together with such students of the
faculty or school as may be chosen to be members of
each Faculty Board according to procedures estab-
lished by by-law.
2. Section 21 of The Carleton University Act, 1952, asi952. c. 117.
amended by section 1 of The Carleton University Act, 7P57, re-enacted
is repealed and the following substituted therefor:
21. — (1) There shall be a Senate of the University con-^®"^^*®
sisting of such persons chosen in such manner and
at such times as are determined by by-law, provided
that at least one-half the total number of persons
comprising the Senate shall be elected by the
Faculty Boards of the University from the members
of the Faculty Boards, in such manner as such
by-laws may specify.
Pr25
No ineligible
member or
invalid act
by reason
of age
(2) No person shall be ineligible to be a member of a
Faculty Board or of the Senate or of the Board of
Governors by reason only of his being under twenty-
one years of age, and no act of any such bodies of the
University shall be invalid by reason only of a mem-
ber or members of such bodies being under twenty-
one years of age.
Commence-
ment
3. This Act comes into force on the day it receives Royal
Assent.
Short title
4. This Act may be cited as The Carleton University Act,
1968-69.
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BILL Pr26
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting The Tilbury Public School Board
Mr. Ruston
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
di-f-l vi'r.i
BILL Pr26 1968-69
An Act respecting
The Tilbury Public School Board
WHEREAS the trustees of the William J. Miller Trust Preamble
by their petition have prayed for special legislation in
respect of the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Section 2 of The Tilbury Public School Board Act, iP(5<Ji966,c. i85.
is repealed and the following substituted therefor: re-enacted
2.— (1) The trustees of the William J. Miller Trust shall "^^""^^^^
be three persons appointed by The Kent County
Board of Education or its successor who are public
school ratepayers and residents of the Town of
Tilbury.
(2) The trustees shall hold office for a term of three '^^^ °^
years, except that on the first appointment of
trustees hereunder one trustee shall be appointed
for one year, one for two years and one for three
years.
(3) Each trustee shall hold office until the 31st day of ^^^"^
December of the last year of the term for which he
is appointed and until his successor is appointed,
and he shall be eligible for reappointment.
(4) Where a vacancy occurs from any cause before the
expiration of the term of office for which a trustee
has been appointed, The Kent County Board of
Education or its successor shall appoint a qualified
person to fill the vacancy for the unexpired portion
of the term of office.
Pr26
Commence- 2. This Act shall be deemed to have come into force on
"^^" the 31st day of December, 1968.
Short title 3^ ^his Act may be cited as The Tilbury Public School
Board Act, 1968-69.
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BILL Pr26
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting The Tilbury Public School Board
Mr. Ruston
TORONTO
Printed and Published by Frank Gogg, Queen's Printer
BILL Pr26 1968-69
An Act respecting
The Tilbury Public School Board
WHEREAS the trustees of the William J. Miller Trust Preamble
by their petition have prayed for special legislation in
respect of the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Section 2 of The Tilbury Public School Board Act, iP(J^i966.o.i85.
is repealed and the following substituted therefor: re-enacted
2.— (1) The trustees of the William J. Miller Trust shall '^'•"«*®««
be three persons appointed by The Kent County
Board of Education or its successor who are public
school ratepayers and residents of the Town ^ of
Tilbury,
(2) The trustees shall hold office for a term of three J^^ °^
years, except that on the first appointment of
trustees hereunder one trustee shall be appointed
for one year, one for two years and one for three
years.
(3) Each trustee shall hold office until the 31st day ol^^^^
December of the last year of the term for which he
is appointed and until his successor is appointed,
and he shall be eligible for reappointment.
(4) Where a vacancy occurs from any cause before the ^^^^'^^'^^^
expiration of the term of office for which a trustee
has been appointed, The Kent County Board of
Education or its successor shall appoint a qualified
person to fill the vacancy for the unexpired portion
of the term of office.
Pr26
2'
Commence- 2. This Act shall be deemed to have come into force on
ment t^^cs
the 31st day of December, 1968.
Short title 3^ 'pj^jg ^j,^ j^g^y j^g cited as The Tilbury Public School
Board Act, 1968-69.
Pr26
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BILL Pr27
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Co-ordinated Arts Services
Mr. Dunlop
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr27 1968-69
W
An Act respecting
Co-ordinated Arts Services
HEREAS the persons named in section 1 have by their
petition prayed that they are desirous of being in-
corporated under the name "Co-ordinated Arts Services",
herein called the Corporation, for the purpose of providing
co-ordinated services for the assistance and benefit of the
performing arts carried on by corporations and organizations;
and whereas the petitioners have prayed that special legisla-
tion be passed for such purposes; and whereas it is expedient
to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Lawrence Michael Baldwin, Trust Officer, Kenneth tum'^^^™"
Harold John Clarke, Executive, Herman Berthold Geiger-
Torel, Managing Director, Arthur Ellis Gelber, Executive,
William Hugh Graham, Executive, Walter Homburger,
Managing Director, James Mavor Moore, Managing Director,
Robert Edward Peel, Executive, Wallace Arven Russell,
Manager, Muriel Sherrin, General Manager, Raymond
Frederick Wickens, Administrative Director, all of The
Municipality of Metropolitan Toronto in the County of York;
Calvin Gordon Rand, Executive, of the City of Buffalo in the
United States of America; William Tennent Wylie, General
Manager, of the City of Stratford in the County of Perth
and Frederick Gerald Townsend, Chartered Accountant, of
the Town of Streetsville in the County of Peel, together with
such other persons as hereinafter become members of the
Corporation, are hereby constituted a body corporate and
politic under the name Co-ordinated Arts Services.
2. The head office of the Corporation shall be situate in^®»<*o*^°®
The Municipality of Metropolitan Toronto.
3. The Corporation shall have the following objects: corporation
Pr27
(a) To foster and assist in the co-ordination of services
between the performing arts or other artistic or cul-
tural organizations in order to achieve efficiencies
therein or integration thereof.
(b) To provide services for the benefit and assistance of
the performing arts or other artistic or cultural
organizations including, without limiting the general-
ity of the foregoing, assistance in the investigation,
establishment, development, management and opera-
tion of all types of equipment, systems and facilities
necessary or incidental to the undertakings carried
on by such performing arts or other artistic or cul-
tural organizations.
(c) To assess or otherwise charge the performing arts or
other artistic or cultural organizations that utilize
any of the aforesaid services the appropriate cost
thereof.
(d) To solicit for government grants, both private and
public donations, bequests, legacies or other gifts for
the purpose of carrying on the aforesaid services.
not^carried'^ 4:* The Corporation shall be carried on without the pur-
purpose of P°^^ ^^ ^^^^ ^^ ^^^ members and any profits or other accretions
gain to the Corporation shall be used in promoting its objects.
ccfr^omtion ^* ^^^ members of the Corporation shall be such of the
performing arts or other artistic or cultural organizations
that apply therefor and are accepted as members by the Board
of Directors of the Corporation.
ment^"^*' ^* — (^) Each member of the Corporation shall appoint two
of directors persons to Serve as directors of the Corporation, one of whom
shall be an employee or otherwise represent the management
of such member and the other of whom shall not be an em-
ployee of such member but shall otherwise represent the
policy of such member, and, subject to subsection 2, the
persons so appointed from time to time shall form the Board
of Directors of the Corporation.
^recto^s^ (2) Any director appointed under subsection 1 may, with
the approval of the member that such director represents,
designate an alternate director to serve from time to time in
his place and stead by reason of his absence or inability to
serve, as the occasion may require, and such alternate director
shall in such case have all the powers and duties as if he were
appointed a director under subsection 1 provided that such
alternate director shall represent either the management of
the member or the policy of the member in the same manner
as the director who designates him represents that member.
Pr27
(3) For the purposes of this section, a person shall be^^^^^.^"^"
qualified to represent the policy of a member if such person i"® present
is known as a director of such member or otherwise is elected
to the policy-making board or committee of such member.
(4) The first directors of the Corporation shall be those directors
persons named in section 1 and such alternate directors as
each director designates under subsection 2.
(5) All directors shall serve without remuneration and shall J^ce^, ri-
be appointed or designated, as the case may be, for a term of ^PgP°^*"*^"
one year and are eligible for reappointment or redesignation,
as the case may be.
(6) The afTairs of the Corporation shall be managed byme^nt^of
the Board of Directors who shall have power to pass by-laws by-^iaw8*'°'^'
regulating the affairs of the Corporation and, without limiting
the generality of the foregoing, the Board of Directors may
pass by-laws regulating,
(a) the calling of and procedure at meetings of the
Board of Directors, the time for and the place of
such meetings, the quorum at meetings of the Board
of Directors and the filling of vacancies in the Board
of Directors by reason of death, resignation or other-
wise;
(b) the appointment, functions, powers, duties, re-
muneration and removal of officers, servants, agents
and employees of the Corporation and the security,
if any, to be given by them to the Corporation;
(c) the admission of such of the performing arts or other
artistic or cultural organizations that apply therefor
as members of the Corporation, and the qualification
and conditions of membership;
(d) the assessment or charging of membership fees, dues
or other charges, and the suspension, termination
and transfer of membership;
(e) the calling of and the procedure at meetings of
members, the time for and the place of such meetings
and the quorum at meetings of members;
(/) the distribution and disposal of the property and
assets of the Corporation upon its dissolution;
(g) the appointment from time to time of an Executive
Committee of the Board of Directors and such other
committee or committees as the Board of Directors
may authorize;
Pr27
Commence-
ment
(h) the borrowing of money on the credit of the Cor-
poration and the charging, mortgaging, hypothe-
cating or pledging all or any of the real or personal
property of the Corporation to secure any money
borrowed or other debt or any other obligation or
liability of the Corporation; and
(i) the conduct in all other particulars of the affairs of
the Corporation,
provided that any by-law passed pursuant to this subsection
and a repeal, amendment or re-enactment thereof, is effective
only until the next general meeting of members unless con-
firmed thereat, and, in default of confirmation thereat, ceases
to have effect at and from that time, and in that case no new
by-law of the same or like substance has any effect until
confirmed at a general meeting of the members, and provided
further that no act done or right acquired under any by-law
is prejudicially affected by any rejection, amendment or other
dealing at a general meeting of members.
7. This Act comes into force on the day it receives Royal
Assent.
Short title g^ This Act may be cited as The Co-ordinated Arts Services
Act, 1968-69.
Pr27
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BILL Pr27
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Co-ordinated Arts Services
Mr. Dunlop
^i\
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's
BILL Pr27 1968-69
W
An Act respecting
Co-ordinated Arts Services
HEREAS the persons named in section 1 have by their
petition prayed that they are desirous of being in-
corporated under the name "Co-ordinated Arts Services",
herein called the Corporation, for the purpose of providing
co-ordinated services for the assistance and benefit of the
performing arts carried on by corporations and organizations;
and whereas the petitioners have prayed that special legisla-
tion be passed for such purposes; and whereas it is expedient
to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Lawrence Michael Baldwin, Trust Officer, Kenneth tkm'^^"'^*'
Harold John Clarke, Executive, Herman Berthold Geiger-
Torel, Managing Director, Arthur Ellis Gelber, Executive,
William Hugh Graham, Executive, Walter Homburger,
Managing Director, James Mavor Moore, Managing Director,
Robert Edward Peel, Executive, Wallace Arven Russell,
Manager, Muriel Sherrin, General Manager, Raymond
Frederick Wickens, Administrative Director, all of The
Municipality of Metropolitan Toronto in the County of York;
Calvin Gordon Rand, Executive, of the City of Buffalo in the
United States of America; William Tennent Wylie, General
Manager, of the City of Stratford in the County of Perth
and Frederick Gerald Townsend, Chartered Accountant, of
the Town of Streetsville in the County of Peel, together with
such other persons as hereinafter become members of the
Corporation, are hereby constituted a body corporate and
politic under the name Co-ordinated Arts Services.
2. The head office of the Corporation shall be situate in ^®*^ office
The Municipality of Metropolitan Toronto.
3. The Corporation shall have the following objects: corporation
Pr27
o!d,;:iB9Tl
(a) To foster and assist in the co-ordination of services
between the performing arts or other artistic or cul-
tural organizations in order to achieve efficiencies
therein or integration thereof.
(b) To provide services for the benefit and assistance of
the performing arts or other artistic or cultural
organizations including, without limiting the general-
ity of the foregoing, assistance in the investigation,
establishment, development, management and opera-
tion of all types of equipment, systems and facilities
necessary or incidental to the undertakings carried
on by such performing arts or other artistic or cul-
tural organizations.
■ 'WIT
(c) To assess or otherwise charge the performing arts or
other artistic or cultural organizations that utilize
any of the aforesaid services the appropriate cost
thereof.
(d) To solicit and receive grants, donations, bequests,
legacies or other gifts for the purpose of carrying on
the aforesaid services.
not^carHed'^ 4:. The Corporation shall be carried on without the pur-
purp*ose of P^^^ ^^ S^^" ^o ^^^ members and any profits or other accretions
gain ^o the Corporation shall be used in promoting its objects.
ccfr^o/ation ^* The members of the Corporation shall be such of the
performing arts or other artistic or cultural organizations
that apply therefor and are accepted as members by the Board
of Directors of the Corporation.
Appoint-
ment
of directors
Alternate
directors
6. — (1) Each member of the Corporation shall appoint two
persons to serve as directors of the Corporation, one of whom
shall be an employee or otherwise represent the management
of such member and the other of whom shall not be an em-
ployee of such member but shall otherwise represent the
policy of such member, and, subject to subsection 2, the
persons so appointed from time to time shall form the Board
of Directors of the Corporation.
(2) Any director appointed under subsection 1 may, with
the approval of the member that such director represents,
designate an alternate director to serve from time to time in
his place and stead by reason of his absence or inability to
serve, as the occasion may require, and such alternate director
shall in such case have all the powers and duties as if he were
appointed a director under subsection 1 provided that such
alternate director shall represent either the management of
the member or the policy of the member in the same manner
as the director who designates him represents that member.
Pr27
$
(3) For the purposes of this section, a person shall be^^^^j.^^*"
qualified to represent the policy of a member if such person represent
is known as a director of such member or otherwise is elected
to the policy-making board or committee of such member.
(4) The first directors of the Corporation shall be those directors
persons named in section 1 and such alternate directors as
each director designates under subsection 2. , , ,
(5) All directors shall serve without remuneration and shall Jmce^, ?e-
be appointed or designated, as the case may be, for a term of ^qP^^^.^"*"
one year and are eligible for reappointment or redesignation,
as the case may be.
(6) The affairs of the Corporation shall be managed bym^nifof',
the Board of Directors who shall have power to pass by-laws by^iaws*^°'^'
regulating the affairs of the Corporation and, without limiting
the generality of the foregoing, the Board of Directors may
pass by-laws regulating,
(a) the calling of and procedure at meetings of the
Board of Directors, the time for and the place of >
such meetings, the quorum at meetings of the Board ' '"'
of Directors and the filling of vacancies in the Board
of Directors by reason of death, resignation or other-
wise;
(b) the appointment, functions, powers, duties, re-
muneration and removal of officers, servants, agents
and employees of the Corporation and the security,
if any, to be given by them to the Corporation;
(c) the admission of such of the performing arts or other
artistic or cultural organizations that apply therefor
as members of the Corporation, and the qualification
and conditions of membership;
(d) the assessment or charging of membership fees, dues
or other charges, and the suspension, termination
and transfer of membership;
(g) the calling of and the procedure at meetings of
members, the time for and the place of such meetings
and the quorum at meetings of members;
(/) the distribution and disposal of the property and
assets of the Corporation upon its dissolution;
(g) the appointment from time to time of an Executive
Committee of the Board of Directors and such other
committee or committees as the Board of Directors
may authorize;
Pr27
\Lri
{h) the borrowing of money on the credit of the Cor-
poration and the charging, mortgaging, hypothe-
cating or pledging all or any of the real or personal
property of the Corporation to secure any money
borrowed or other debt or any other obligation or
liability of the Corporation; and
(i) the conduct in all other particulars of the affairs of
the Corporation,
provided that any by-law passed pursuant to this subsection
and a repeal, amendment or re-enactment thereof, is effective
only until the next general meeting of members unless con-
firmed thereat, and, in default of confirmation thereat, ceases
to have effect at and from that time, and in that case no new
by-law of the same or like substance has any effect until
confirmed at a general meeting of the members, and provided
further that no act done or right acquired under any by-law
is prejudicially affected by any rejection, amendment or other
dealing at a general meeting of members.
ment^^'^°^ 7. This Act comes into force on the day it receives Royal
Assent.
Short title g^ Th\s Act may be cited as The Co-ordinated Arts Services
Act, 1968-69.
Pr27
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BILL Pr27
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Co-ordinated Arts Services
Mr. Dunlop
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
:t7*!
BILL Pr27 1968-69
W
An Act respecting
Co-ordinated Arts Services
HEREAS the persons named in section 1 have by their ^^"^
petition prayed that they are desirous of being in-
corporated under the name "Co-ordinated Arts Services",
herein called the Corporation, for the purpose of providing
co-ordinated services for the assistance and benefit of the
performing arts carried on by corporations and organizations;
and whereas the petitioners have prayed that special legisla-
tion be passed for such purposes; and whereas it is expedient
to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Lawrence Michael Baldwin, Trust Officer, Kenneth tion^^°^*'
Harold John Clarke, Executive, Herman Berthold Geiger-
Torel, Managing Director, Arthur Ellis Gelber, Executive,
William Hugh Graham, Executive, Walter Homburger,
Managing Director, James Mavor Moore, Managing Director,
Robert Edward Peel, Executive, Wallace Arven Russell,
Manager, Muriel Sherrin, General Manager, Raymond
Frederick Wickens, Administrative Director, all of The
Municipality of Metropolitan Toronto in the County of York;
Calvin Gordon Rand, Executive, of the City of Buffalo in the
United States of America; William Tennent Wylie, General
Manager, of the City of Stratford in the County of Perth
and Frederick Gerald Townsend, Chartered Accountant, of
the Town of Streetsville in the County of Peel, together with
such other persons as hereinafter become members of the
Corporation, are hereby constituted a body corporate and
politic under the name Co-ordinated Arts Services.
2. The head office of the Corporation shall be situate in ^^^^ Office
The Municipality of Metropolitan Toronto.
3. The Corporation shall have the following objects: corporation
Pr27
(a) To foster and assist in the co-ordination of services
between the performing arts or other artistic or cul-
tural organizations in order to achieve efficiencies
therein or integration thereof.
^ (b) To provide services for the benefit and assistance of
'^ the performing arts or other artistic or cultural
organizations including, without limiting the general-
ity of the foregoing, assistance in the investigation,
establishment, development, management and opera-
tion of all types of equipment, systems and facilities
necessary or incidental to the undertakings carried
on by such performing arts or other artistic or cul-
tural organizations.
(c) To assess or otherwise charge the performing arts or
other artistic or cultural organizations that utilize
any of the aforesaid services the appropriate cost
thereof.
(d) To solicit and receive grants, donations, bequests,
legacies or other gifts for the purpose of carrying on
the aforesaid services.
not^ carried"^ 4. The Corporation shall be carried on without the pur-
purpose of P^^^ ^^ S^^^ to its members and any profits or other accretions
gain ^o the Corporation shall be used in promoting its objects.
ccfr^or^ation ^' '^^^ members of the Corporation shall be such of the
performing arts or other artistic or cultural organizations
that apply therefor and are accepted as members by the Board
of Directors of the Corporation.
ment^'^*' ^* — (^) Each member of the Corporation shall appoint two
of directors persons to servc as directors of the Corporation, one of whom
shall be an employee or otherwise represent the management
of such member and the other of whom shall not be an em-
ployee of such member but shall otherwise represent the
policy of such member, and, subject to subsection 2, the
persons so appointed from time to time shall form the Board
of Directors of the Corporation.
directoTB (2) Any director appointed under subsection 1 may, with
the approval of the member that such director represents,
designate an alternate director to serve from time to time in
his place and stead by reason of his absence or inability to
serve, as the occasion may require, and such alternate director
shall in such case have all the powers and duties as if he were
appointed a director under subsection 1 provided that such
alternate director shall represent either the management of
the member or the policy of the member in the same manner
as the director who designates him represents that member.
Pr27
(3) For the purposes of this section, a person shall be^ion^to"^'
qualified to represent the policy of a member if such person ^^J^resent
is known as a director of such member or otherwise is elected
to the policy-making board or committee of such member.
(4) The first directors of the Corporation shall be those directors
persons named in section 1 and such alternate directors as
each director designates under subsection 2.
Term of
(5) All directors shall serve without remuneration and shall omce"
re-
be appointed or designated, as the case may be, for a term of ^gP^^^.'^*'
one year and are eligible for reappointment or redesignation,
as the case may be.
(6) The affairs of the Corporation shall be managed byme^nt^of
the Board of Directors who shall have power to pass by-laws by^iaws*'°'^'
regulating the affairs of the Corporation and, without limiting
the generality of the foregoing, the Board of Directors may
pass by-laws regulating,
(a) the calling of and procedure at meetings of the
Board of Directors, the time for and the place of
such meetings, the quorum at meetings of the Board
of Directors and the filling of vacancies in the Board
of Directors by reason of death, resignation or other-
wise;
(b) the appointment, functions, powers, duties, re-
muneration and removal of officers, servants, agents
and employees of the Corporation and the security,
if any, to be given by them to the Corporation;
(c) the admission of such of the performing arts or other
artistic or cultural organizations that apply therefor
as members of the Corporation, and the qualification
and conditions of membership;
(d) the assessment or charging of membership fees, dues
or other charges, and the suspension, termination
and transfer of membership;
(e) the calling of and the procedure at meetings of
members, the time for and the place of such meetings
and the quorum at meetings of members;
(/) the distribution and disposal of the property and
assets of the Corporation upon its dissolution;
(g) the appointment from time to time of an Executive
Committee of the Board of Directors and such other
committee or committees as the Board of Directors
may authorize;
Pr27
(h) the borrowing of money on the credit of the Cor-
poration and the charging, mortgaging, hypothe-
cating or pledging all or any of the real or personal
property of the Corporation to secure any money
borrowed or other debt or any other obligation or
liability of the Corporation; and
(i) the conduct in all other particulars of the affairs of
the Corporation,
provided that any by-law passed pursuant to this subsection
and a repeal, amendment or re-enactment thereof, is effective
only until the next general meeting of members unless con-
firmed thereat, and, in default of confirmation thereat, ceases
to have effect at and from that time, and in that case no new
by-law of the same or like substance has any effect until
confirmed at a general meeting of the members, and provided
further that no act done or right acquired under any by-law
is prejudicially affected by any rejection, amendment or other
dealing at a general meeting of members.
ment"^^^*^^" 7. This Act comes into force on the day it receives Royal
Assent.
Short title g, fjiig ^^.^ j^a.y be cited as The Co-ordinated Arts Services
Act, 1968-69.
Pr27
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BILL Pr28
2nd Session, 28th Legislature, Ontario
17 Elizabeth II, 1968-69
An Act respecting the City of Sarnia
Mr. Bullbrook
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr28 1968-69
An Act respecting the City of Sarnia
WHEREAS The Corporation of the City of Sarnia/^^^""^^^
herein called the Corporation, by its petition has
represented that Sarnia Transit Company Limited, herein
called the Company, is operating a bus transportation system
in the City of Sarnia under the terms of an agreement bearing
date the 1st day of August, 1959, that the agreement was
authorized by By-law No. 4653 of the City of Sarnia; that
the by-law and agreement were confirmed and declared
to be and to have been on and after the 1st day of August,
1959 legal, valid and binding upon the parties thereto and
their respective successors and assigns by Statutes of Ontario,
1960, Chapter 165, The City of Sarnia Act, 1960.
That a by-law of the Corporation to authorize the execu-
tion of an agreement bearing date the 4th day of November,
1968, with the Company and Mervyn Davies and W. John
Davies, providing for the operation of the bus transportation
system for a further period of ten years from the 1st day of
September, 1969, was assented to on the 2nd day of Decem-
ber, 1968 by the municipal electors of the City of Sarnia
qualified to vote on money by-laws ; and whereas the petitioner
has prayed for special legislation in respect of the matters
hereinafter set forth; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. By-law No. 6108, passed by the council of the Cor- ^Jg"V^^n*hfs«
poration on the 9th day of December, 1968, and the agree- ^«^^®^®^*
ment scheduled thereto, dated the 4th day of November,
1968, and made between the Corporation and the Company
and Mervyn Davies and W. John Davies, granting to the
Company an exclusive franchise to operate a bus transporta-
tion system in the City of Sarnia upon and subject to the
terms and conditions set forth in the agreement, both as set
forth in the Schedule hereto, are and each of them is hereby
Pr28
confirmed and declared to be legal, valid and binding upon
the parties thereto and their respective successors and assigns ;
and the council of the Corporation is hereby authorized and
empowered to pass such by-laws, to enter into such other
agreements and to do such other matters and things as may
be deemed necessary by the Corporation for the full and
proper carrying out of the provisions of the agreement.
authority ^* ^^ person Other than the Company shall, during the
term of the agreement in the Schedule, operate a local pas-
senger transportation service within the City of Sarnia, with
the exception of steam railways, taxis not operated as jitneys,
buses owned and operated by a board of education, school
board or private school, and buses owned and operated by any
corporation or organization solely for the purposes of the
corporation or organization, provided no fare or fee is charged
for transportation.
R.sx).i960, 3, ffig Arbitrations Act applies to every arbitration under
to apply section 12 of the agreement in the Schedule and the board of
arbitration shall consist of three persons, one appointed by
each of the parties to the said agreement and the third by the
two arbitrators so appointed.
menV"^"^^' 4. This Act comes into force on the day it receives Royal
Assent.
Short title 5^ ^his Act may be cited as The City of Sarnia Act,
1968-69.
Pr28
SCHEDULE
By-law Number 6108
A Bv-LAW to authorize an Agreement with Sarnia Transit Company
Limited.
Whereas it is deemed expedient to authorize the execution of an
Agreement between The Corporation of the City of Sarnia and Sarnia
Transit Company Limited granting the said Company the exclusive right
and franchise to maintain and operate buses for the conveyance of pas-
sengers in the City of Sarnia for a period of ten (10) years commencing on
September 1st, 1969 on the terms set out in the said Agreement.
Now Therefore the Municipal Council of The Corporation of the
Cit}' of Sarnia enacts as follows:
1. That the proposed Agreement to be dated as of the 4th day of
November, 1968 between The Corporation of the City of Sarnia and
Sarnia Transit Company Limited granting to Sarnia Transit Company-
Limited the exclusive right and franchise to maintain and operate buses
for the conveyance of passengers within the limits of the City of Sarnia for
a period of ten (10) years commencing on the 1st day of September, 1969
(a copy of which Agreement is set out in the Schedule annexed hereto and
forming part of this By-law) is hereby approved and authorized.
2. That the Mayor and Clerk of The Corporation of the City of
Sarnia be and they are hereby authorized and directed to execute and
deliver the said Agreement on behalf of The Corporation of the City of
Sarnia and to affix the Corporate Seal of the Corporation thereto.
Passed this 9th day of December, 1968.
Paul D. Blundv,
Mayor.
G. A. M. Thomas,
Clerk.
Pr28
Schedule To By-law Number 6108
Memorandum of Agreement made as of the 4th day of November,
1968.
Between:
The Corporation of the City of Sarnia,
hereinafter called the "City"
OF the first part,
— and —
Sarnia Transit Company Limited,
hereinafter called the "Company"
OF the second part,
— and —
Mervyn Davies, of the Township of Sarnia,
Bus Operator, and
W. John Davies, of the City of Sarnia, in the
County of Lambton, Bus Operator,
hereinafter called the "Parties"
OF THE third PART.
Whereas the City and the Company entered into an Agreement
under which the Company has and is providing, operating and maintaining
an adequate and efficacious public transportation system in the City of
Sarnia for a period of ten ( 10) years from the 1st day of September, 1959;
And Whereas it is desirable that the said transportation system
should be continued for a further period of ten (10) years;
And Whereas the Parties of the Third Part are the sole stockholders
of the "Company".
Now Therefore This Agreement Witnesseth that the Parties
hereto have agreed as follows:
1. Subject to the assent of the municipal electors of the City as
required under The Municipal Franchises Act, the City hereby grants to
the Company the exclusive right and franchise to maintain and operate
buses for the conveyance of passengers within the limits of the City as
such limits may, from time to time, exist, for a period of ten (10) years
from the 1st day of September, 1969 to the 31st day of August, 1979, both
dates inclusive.
2. The Company shall provide an adequate and efficacious trans-
portation system.
3. The rates for fares and charges to be charged by the Company
initially shall be as set forth in the schedule hereto and shall be collected
by and belong exclusively to the Company.
4. The City shall implement the establishment of an efficacious
service by taking all steps necessary or desirable to that end, including
without limiting the generality of the foregoing:
(a) Granting authority for the establishment and enforcement of
recognized bus stops evidenced by signs for the exclusive use of
buses;
Pr28
(b) Granting authority for and enforcing the prohibition of parking
within bus stop areas during the period of bus operation by
the Company.
(c) Assuring the co-operation of the Police Force of the City in the
expeditious movement of buses, particularly during rush hours,
and when detours become necessary due to fires or other causes.
5. The Company shall not operate a bus route on any street of the
City without first obtaining the consent of the City to operate on such
street.
6. The Company, however, shall have the right to manage its business
and run its buses on such schedules, at such times and on such routes as it
may deem to be in the best interests of the transportation service.
7. The Company shall establish the tariff of fares and charges as set
out in the schedule hereto and agrees that these shall not be changed by
the Company during the period from 1st of September, 1969 to 31st of
August, 1974 and thereafter these shall not be changed without prior
notification to the Council of the City, and, except by order of the Ontario
Municipal Board on application to it without the concurrence of the
Council of the City. It is understood and agreed that, notwithstanding
anything contained in paragraph 16 hereof, any decision of the Ontario
Municipal Board affecting the tariff of fares and charges shall not preclude
the Company from making more than one application during the term of
this agreement subsequent to 31st of August, 1974 to change the tariff
of fares and charges. It is further understood and agreed that the Com-
pany will not make an application for a change in the tariff of fares and
charges more often than once in any period of twelve months without
the concurrence of the Council of the City.
8. It is understood and agreed that the revenues and expenses per-
taining to the operation of charter, interurban or special trips operated
by the Company are excluded from the provisions of this agreement.
9. The City shall be responsible for the repair and maintenance of
roadways, curbs and sidewalks on bus routes and at bus stops, and for the
removal of snow and ice from bus routes and at bus stops, and the cost of
such maintenance, repair or removal shall be borne by the Citj-.
10. The City shall pay to the Company for the transportation service
for the period from the 1st day of September, 1969 to the 31st day of
August, 1970 the sum of $8,166.66 per month, which sum shall be payable
on the 1st day of each month during the said period; and for the period
from the 1st day of September, 1970 to the 31st day of August, 1971 the
sum of $8,666.66 per month, which sum shall be payable on the 1st day of
each month during the said period; and for the period from the 1st day of
September, 1971 to the 31st day of August, 1972 the sum of $9,166.66
per month, which sum shall be payable on the 1st day of each month during
the said period; and for the period from the 1st day of September, 1972 to
the 31st day of August, 1974 the sum of $9,583.33 per month, which sum
shall be payable on the 1st day of eacii month during the said period.
Within six months after the 1st day of September, 1974, either party may
notify the other party that an adjustment in the amount of the monthly
payment for transportation is required. In the event that the parties are
unable to agree upon an adjustment of the said amount within one month
after the receipt of such notice, the provisions of Section 16 of this agree-
ment shall apply to such disagreement. Until such time as a re-adjustment
is made in the amount of the monthly payment, the amount being paid
each month shall continue to be paid by the City to the Company during
the remainder of the term of franchise hereby granted. The said amounts
paid to provide for transportation shall be met by rates levied on all the
rateable property in the City of Sarnia.
11. That should the parties of the Third Part or either of them desire
to dispose of any shares of stock in the Company during the term of this
agreement, the same shall not be sold or transferred either directly or
indirectly without the consent of the City in writing having been first
Pr28
obtained; provided that such consent shall not be required with respect
to the transfer of any such shares to the wife or child of the holder thereof.
In the event of the sale or transfer of any shares with the consent of the
City, no subsequent sale or transfer shall be made by the holder thereof
without the consent of the City in writing having been first obtained.
That the number of shares issued by the Company shall not be increased
without the consent of the City in writing having been first obtained.
In the event that the holder of any shares is of the opinion that the con-
sent of the City is being withheld unreasonably, the provisions of Section 16
of this agreement shall apply.
12. On one year's prior written notice to the Company, the City in
any year during the term of the franchise may purchase the transportation
system maintained and operated by the Company, by payment in full of
the purchase price for all the then outstanding issued shares in the capital
stock of the Company. The purchase price shall be determined by a Board
of Arbitration three months before the effective date of the purchase of
the transportation system by the City. The Board of Arbitration shall
determine the value of the property of the Company on the basis of the
actual value thereof, without regard to the way in which it is being used,
its cost or its book xalue or the net revenue received therefrom.
13. The Company covenants and agrees that during the term of the
franchise it will not cease its operations in the City without giving six
months' prior written notice to the City of the Company's intention to
cease operations in the City. During the period of three months following
the giving of any such notice the City may purchase the transportation
system maintained and operated by the Company by payment in full of
the purchase price for all the then outstanding issued shares in the capital
stock of the Company. The said purchase price shall be determined by a
Board of Arbitration in the manner provided in paragraph 12 hereof.
14. The Company shall not be held to be in default hereunder for
failure to operate, if such failure is the result of fire, act of God, strike or
other cause beyond the control of the Company, and, in the event of such
an occurrence, the City shall not be liable to pay the Company the equiva-
lent portion of the payment required under paragraph 10 hereof pro-rated
on a day to day basis during the period in which the Company has ceased
to operate.
15. The Company shall at all times during the said term indemnify
and save harmless the City, should the City be held in any way liable for
the operation of the Company's buses and shall protect itself with an in-
surance policy or policies against accidents or liability to the public and/or
passengers, and for property damage, as required by The Highway Traffic
Act of the Province of Ontario and Regulations made thereunder, and The
Public Vehicles Act, or any other law of the Province of Ontario, and the
Company shall produce to the Council at a meeting held not later than
the 1st day of March in every year every policy or guaranteed contract
so made.
16. Any dispute between the City and the Company, including any
dispute respecting service or the interpretation of this agreement, shall be
referred to and determined by the Ontario Municipal Board, whose de-
cision shall be final and binding upon the parties hereto and from which
decision there shall be no appeal.
17. The City shall immediately take all necessary action to make
this agreement legal, valid and binding upon the parties hereto, including,
without limiting the generality of the foregoing, the enactment of a By-
law and the submission of the same, pursuant to The Municipal Franchises
Act, to the municipal electors of the City for their assent thereto and if the
assent of the electors is given, the City shall apply to the Legislature of the
Province of Ontario at its next regular session for legislation confirming
and ratifying this agreement, and declaring the same to be legal, valid and
binding upon the parties hereto.
Pr28
In Witness Whereof the parties hereto have hereunto affixed their
respective seals under the hands of their proper officers duly authorized
in that behalf.
Signed, Sealed and
Delivered
Nancy Haines.
Nancy Haines.
The Corporation of the
City of Sarnia:
Paul D. Blundv,
Mayor.
G. A. M. Thomas,
Clerk .
Sarnia Transit Company
Limited:
Mervyn Davies,
President.
John D. George,
Secretary.
Mervyn Davies.
W. John Davies.
Pr28
Schedule To Agreement
FARES AND CHARGES
(c) Adults — Cash fare of Twenty Cents (20c.) or five tickets
for Ninety Cents (90c.) to be sold in strips only.
(b) Children — Cash fare of Ten Cents (10c. ).
Children are defined as and shall mean only minors
under fifty-four inches (54*) in height. Children
under three (3) years of age, if accompanied by
an adult, shall be carried free.
(c) Tickets — Each ticket shall be good for one fare.
(d) Transfers — Free transfers shall be given as follows:
One per fare, good for one continuous journey in
one direction to destination within the City on all
connecting buses of the Company within the City;
but obtainable only at the time of payment of fare.
Rolled up, crumpled or otherwise mutilated trans-
fers which are not easily discernible, may be
refused.
(e) The Above Fares shall be charged and be payable on entering the
Company's buses.
Pr28
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BILL Pr28
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Sarnia
Mr. Bullbrook
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr28 1968-69
An Act respecting the City of Sarnia
WHEREAS The Corporation of the City of Sarnia Z"^*'"^'*
herein called the Corporation, by its petition has
represented that Sarnia Transit Company Limited, herein
called the Company, is operating a bus transportation system
in the City of Sarnia under the terms of an agreement bearing
date the 1st day of August, 1959, that the agreement was
authorized by By-law No. 4653 of the City of Sarnia; that
the by-law and agreement were confirmed and declared
to be and to have been on and after the 1st day of August,
1959 legal, valid and binding upon the parties thereto and
their respective successors and assigns by Statutes of Ontario,
1960, Chapter 165, The City of Sarnia Act, 1960.
That a by-law of the Corporation to authorize the execu-
tion of an agreement bearing date the 4th day of November,
1968, with the Company and Mervyn Davies and W. John
Davies, providing for the operation of the bus transportation
system for a further period of ten years from the 1st day of
September, 1969, was assented to on the 2nd day of Decem-
ber, 1968 by the municipal electors of the City of Sarnia
qualified to vote on money by-laws ; and whereas the petitioner
has prayed for special legislation in respect of the matters
hereinafter set forth; and whereas it is expedient to grant the
prayer of the petition;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. By-law No. 6108, passed by the council of the Cor- ^^g^frlnchUe
poration on the 9th day of December, 1968, and the agree- ^^reement
ment scheduled thereto, dated the 4th day of November,
1968, and made between the Corporation and the Company
and Mervyn Davies and W. John Davies, granting to the
Company an exclusive franchise to operate a bus transporta-
tion system in the City of Sarnia upon and subject to the
terms and conditions set forth in the agreement, both as set
forth in the Schedule hereto, are and each of them is hereby
Pr28
I confirmed and declared to be valid and binding upon the
parties thereto and their respective successors and assigns;
and the council of the Corporation is hereby authorized and
empowered to pass such by-laws, to enter into such other
agreements and to do such other matters and things as may
be deemed necessary by the Corporation for the full and
proper carrying out of the provisions of the agreement.
Exclusive 2. No person other than the Company shall, during the
term of the agreement in the Schedule, operate a local pas-
senger transportation service within the City of Sarnia, with
the exception of steam railways, taxis not operated as jitneys,
buses owned and operated by a board of education, school
board or private school, and buses owned and operated by any
corporation or organization solely for the purposes of the
corporation or organization, provided no fare or fee is charged
for transportation.
R.sx). I960, 3, xhe Arbitrations Act applies to every arbitration under
to apply section 12 of the agreement in the Schedule and the board of
arbitration shall consist of three persons, one appointed by
each of the parties to the said agreement and the third by the
two arbitrators so appointed.
ment™^"*^^ 4. This Act comes into force on the day it receives Royal
Assent.
Short title 5^ 'pj^jg ^^.^ j^^^y j-^g cited as The City of Sarnia Act,
1968-69.
Pr28
SCHEDULE
By-law Number 6108
A By-law to authorize an Agreement with Sarnia Transit Company
Limited.
Whereas it is deemed expedient to authorize the execution of an
Agreement between The Corporation of the City of Sarnia and Sarnia
Transit Company Limited granting the said Company the exclusive right
and franchise to maintain and operate buses for the conveyance of pas-
sengers in the City of Sarnia for a period of ten (10) years commencing on
September 1st, 1969 on the terms set out in the said Agreement.
Now Therefore the Municipal Council of The Corporation of the
City of Sarnia enacts as follows:
1. That the proposed Agreement to be dated as of the 4th day of
November, 1968 between The Corporation of the City of Sarnia and
Sarnia Transit Company Limited granting to Sarnia Transit Company
Limited the exclusive right and franchise to maintain and operate buses
for the conveyance of passengers within the limits of the City of Sarnia for
a period of ten (10) years commencing on the 1st day of September, 1969
(a copy of which Agreement is set out in the Schedule annexed hereto and
forming part of this By-law) is hereby approved and authorized.
2. That the Mayor and Clerk of The Corporation of the City of
Sarnia be and they are hereby authorized and directed to execute and
deliver the said Agreement on behalf of The Corporation of the City of
Sarnia and to affix the Corporate Seal of the Corporation thereto.
Passed this 9th day of December, 1968.
Paul D. Blundy,
Mayor.
G. A. M. Thomas,
Clerk.
Pr28
Schedule To By-law Number 6108
Memorandum of Agreement made as of the 4th day of November,
1968.
Between:
The Corporation of the City of Sarnia,
hereinafter called the "City"
— and —
Sarnia Transit Company Limited,
hereinafter called the "Company"
— and
OF the first part.
of the second part,
Mervyn Da vies, of the Township of Sarnia,
Bus Operator, and
W. John Davies, of the City of Sarnia, in the
County of Lambton, Bus Operator,
hereinafter called the "Parties"
OF the third part.
Whereas the City and the Company entered into an Agreement
under which the Company has and is providing, operating and maintaining
an adequate and efficacious public transportation system in the City of
Sarnia for a period of ten (10) years from the 1st day of September, 1959;
And Whereas it is desirable that the said transportation system
should be continued for a further period of ten (10) years;
And Whereas the Parties of the Third Part are the sole stockholders
of the "Company".
Now Therefore This Agreement Witnesseth that the Parties
hereto have agreed as follows:
1. Subject to the assent of the municipal electors of the City as
required under The Municipal Franchises Act, the City hereby grants to
the Company the exclusive right and franchise to maintain and operate
buses for the conveyance of passengers within the limits of the City as
such limits may, from time to time, exist, for a period of ten (10) years
from the 1st day of September, 1969 to the 31st day of August, 1979, both
dates inclusive.
2. The Company shall provide an adequate and efficacious trans-
portation system.
3. The rates for fares and charges to be charged by the Company
initially shall be as set forth in the schedule hereto and shall be collected
by and belong exclusively to the Company.
4. The City shall implement the establishment of an efficacious
service by taking all steps necessary or desirable to that end, including
without limiting the generality of the foregoing:
(a) Granting authority for the establishment and enforcement of
recognized bus stops evidenced by signs for the exclusive use of
buses;
Pr28
(b) Granting authority for and enforcing the prohibition of parking
within bus stop areas during the period of bus operation by
the Company.
(c) Assuring the co-operation of the Police Force of the City in the
expeditious movement of buses, particularly during rush hours,
and when detours become necessary due to fires or other causes.
5. The Company shall not operate a bus route on any street of the
City without first obtaining the consent of the City to operate on such
street.
6. The Company, however, shall have the right to manage its business
and run its buses on such schedules, at such times and on such routes as it
may deem to be in the best interests of the transportation service.
7. The Company shall establish the tariflf of fares and charges as set
out in the schedule hereto and agrees that these shall not be changed by
the Company during the period from 1st of September, 1969 to 31st of
August, 1974 and thereafter these shall not be changed without prior
notification to the Council of the City, and, except by order of the Ontario
Municipal Board on application to it without the concurrence of the
Council of the City. It is understood and agreed that, notwithstanding
anything contained in paragraph 16 hereof, any decision of the Ontario
Municipal Board affecting the tariff of fares and charges shall not preclude
the Company from making more than one application during the term of
this agreement subsequent to 31st of August, 1974 to change the tariflf
of fares and charges. It is further understood and agreed that the Com-
pany will not make an application for a change in the tariff of fares and
charges more often than once in any period of twelve months without
the concurrence of the Council of the City.
8. It is understood and agreed that the revenues and expenses per-
taining to the operation of charter, interurban or special trips operated
by the Company are excluded from the provisions of this agreement.
9. The City shall be responsible for the repair and maintenance of
roadways, curbs and sidewalks on bus routes and at bus stops, and for the
removal of snow and ice from bus routes and at bus stops, and the cost of
such maintenance, repair or removal shall be borne by the City.
10. The City shall pay to the Company for the transportation service
for the period from the 1st day of September, 1969 to the 31st day of
August, 1970 the sum of $8,166.66 per month, which sum shall be payable
on the 1st day of each month during the said period; and for the period
from the 1st day of September, 1970 to the 31st day of August, 1971 the
sum of $8,666.66 per month, which sum shall be payable on the 1st day of
each month during the said period; and for the period from the 1st day of
September, 1971 to the 31st day of August, 1972 the sum of $9,166.66
per month, which sum shall be payable on the 1st day of each month during
the said period; and for the period from the 1st day of September, 1972 to
the 31st day of August, 1974 the sum of $9,583.33 per month, which sum
shall be payable on the 1st day of each month during the said period.
Within six months after the 1st day of September, 1974, either party may
notify the other party that an adjustment in the amount of the monthly
payment for transportation is required. In the event that the parties are
unable to agree upon an adjustment of the said amount within one month
after the receipt of such notice, the provisions of Section 16 of this agree-
ment shall apply to such disagreement. Until such time as a re-adjustment
is made in the amount of the monthly payment, the amount being paid
each month shall continue to be paid by the City to the Company during
the remainder of the term of franchise hereby granted. The said amounts
paid to provide for transportation shall be met by rates levied on all the
rateable property in the City of Sarnia.
11. That should the parties of the Third Part or either of them desire
to dispose of any shares of stock in the Company during the term of this
agreement, the same shall not be sold or transferred either directly or
indirectly without the consent of the City in writing having been first
Pr28
obtained; provided that such consent shall not be required with respect
to the transfer of any such shares to the wife or child of the holder thereof.
In the event of the sale or transfer of any shares with the consent of the
City, no subsequent sale or transfer shall be made by the holder thereof
without the consent of the City in writing having been first obtained.
That the number of shares issued by the Company shall not be increased
without the consent of the City in writing having been first obtained.
In the event that the holder of any shares is of the opinion that the con-
sent of the City is being withheld unreasonably, the provisions of Section 16
of this agreement shall apply.
12. On one year's prior written notice to the Company, the City in
any year during the term of the franchise may purchase the transportation
system maintained and operated by the Company, by payment in full of
the purchase price for all the then outstanding issued shares in the capital
stock of the Company. The purchase price shall be determined by a Board
of Arbitration three months before the efifective date of the purchase of
the transportation system by the City. The Board of Arbitration shall
determine the value of the property of the Company on the basis of the
actual value thereof, without regard to the way in which it is being used,
its cost or its book value or the net revenue received therefrom.
13. The Company covenants and agrees that during the term of the
franchise it will not cease its operations in the City without giving six
months' prior written notice to the City of the Company's intention to
cease operations in the City. During the period of three months following
the giving of any such notice the City may purchase the transportation
system maintained and operated by the Company by payment in full of
the purchase price for all the then outstanding issued shares in the capital
stock of the Company. The said purchase price shall be determined by a
Board of Arbitration in the manner provided in paragraph 12 hereof.
14. The Company shall not be held to be in default hereunder for
failure to operate, if such failure is the result of fire, act of God, strike or
other cause beyond the control of the Company, and, in the event of such
an occurrence, the City shall not be liable to pay the Company the equiva-
lent portion of the payment required under paragraph 10 hereof pro-rated
on a day to day basis during the period in which the Company has ceased
to operate.
15. The Company shall at all times during the said term indemnify
and save harmless the City, should the City be held in any way liable for
the operation of the Company's buses and shall protect itself with an in-
surance policy or policies against accidents or liability to the public and/or
passengers, and for property damage, as required by The Highway Traffic
Act of the Province of Ontario and Regulations made thereunder, and The
Public Vehitcles Act, or any other law of the Province of Ontario, and the
Company shall produce to the Council at a meeting held not later than
the 1st day of March in every year every policy or guaranteed contract
so made.
16. Any dispute between the City and the Company, including any
dispute respecting service or the interpretation of this agreement, shall be
referred to and determined by the Ontario Municipal Board, whose de-
cision shall be final and binding upon the parties hereto and from which
decision there shall be no appeal.
17. The City shall immediately take all necessary action to make
this agreement legal, valid and binding upon the parties hereto, including,
without limiting the generality of the foregoing, the enactment of a By-
law and the submission of the same, pursuant to The Municipal Franchises
Act, to the municipal electors of the City for their assent thereto and if the
assent of the electors is given, the City shall apply to the Legislature of the
Province of Ontario at its next regular session for legislation confirming
and ratifying this agreement, and declaring the same to be legal, valid and
binding upon the parties hereto.
Pr28
In Witness Whereof the parties hereto have hereunto affixed their
respective seals under the hands of their proper officers duly authorized
in that behalf.
Signed, Sealed and
Delivered
Nancy Haines.
Nancy Haines.
The Corporation ok the
City of Sarnia:
Paul D. Blundy,
Mayor.
G. A. M. Thomas,
Clerk.
Sarnia Transit Company
Limited:
Mervyn Davies,
President.
John D. George,
Secretary.
Mervyn Davies.
W. John Davies.
Pr28
Schedule To Agreement
FARES AND CHARGES
(a) Adults — Cash fare of Twenty Cents (20c.) or five tickets
for Ninety Cents (90c.) to be sold in strips only.
(b) Children — Cash fare of Ten Cents (10c.).
Children are defined as and shall mean only minors
under fifty-four inches (54*) in height. Children
under three (3) years of age, if accompanied by
an adult, shall be carried free.
(c) Tickets — Each ticket shall be good for one fare.
(d) Transfers — Free transfers shall be given as follows:
One per fare, good for one continuous journey in
one direction to destination within the City on all
connecting buses of the Company within the City;
but obtainable only at the time of payment of fare.
Rolled up, crumpled or otherwise mutilated trans-
fers which are not easily discernible, may be
refused.
(e) The Above Fares shall be charged and be payable on entering the
Company's buses.
Pr28
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BILL Pr28
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Sarnia
Mr. Bullbrook
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr28 1968-69
An Act respecting the City of Sarnia
WHEREAS The Corporation of the City of Sarnia/'"^^'"^^^
herein called the Corporation, by its petition has
represented that Sarnia Transit Company Limited, herein
called the Company, is operating a bus transportation system
in the City of Sarnia under the terms of an agreement bearing
date the 1st day of August, 1959, that the agreement was
authorized by By-law No. 4653 of the City of Sarnia; that
the by-law and agreement were confirmed and declared
to be and to have been on and after the 1st day of August,
1959 legal, valid and binding upon the parties thereto and
their respective successors and assigns by Statutes of Ontario,
1960, Chapter 165, The City of Sarnia Act, 1960.
That a by-law of the Corporation to authorize the execu-
tion of an agreement bearing date the 4th day of November,
1968, with the Company and Mervyn Davies and W. John
Davies, providing for the operation of the bus transportation
system for a further period of ten years from the 1st day of
September, 1969, was assented to on the 2nd day of Decem-
ber, 1968 by the municipal electors of the City of Sarnia
qualified to vote on money by-laws ; and whereas the petitioner
has prayed for special legislation in respect of the matters
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and con-
sent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. By-law No. 6108, passed by the council of the Cor- ^u^g V^rlnchfse
poration on the 9th day of December, 1968, and the agree- ^fj;!®™®"^*
ment scheduled thereto, dated the 4th day of November,
1968, and made between the Corporation and the Company
and Mervyn Davies and W. John Davies, granting to the
Company an exclusive franchise to operate a bus transporta-
tion system in the City of Sarnia upon and subject to the
terms and conditions set forth in the agreement, both as set
forth in the Schedule hereto, are and each of them is hereby
Pr28
confirmed and declared to be valid and binding upon the
parties thereto and their respective successors and assigns;
and the council of the Corporation is hereby authorized and
empowered to pass such by-laws, to enter into such other
agreements and to do such other matters and things as may
be deemed necessary by the Corporation for the full and
proper carrying out of the provisions of the agreement.
Exclusive 2. No person other than the Company shall, during the
term of the agreement in the Schedule, operate a local pas-
senger transportation service within the City of Sarnia, with
the exception of steam railways, taxis not operated as jitneys,
buses owned and operated by a board of education, school
board or private school, and buses owned and operated by any
corporation or organization solely for the purposes of the
corporation or organization, provided no fare or fee is charged
for transportation.
R.S.O. I960,
o. 18.
to apply
3. The Arbitrations Act applies to every arbitration under
section 12 of the agreement in the Schedule and the board of
arbitration shall consist of three persons, one appointed by
each of the parties to the said agreement and the third by the
two arbitrators so appointed.
Commence-
ment
4. This Act comes into force on the day it receives Royal
Assent.
Short title
5. This Act may be cited as The City of Sarnia Act,
1968-69.
Pr28
SCHEDULE
By-law Number 6108
A By-law to authorize an Agreement with Sarnia Transit Company
Limited.
Whereas it is deemed expedient to authorize the execution of an
Agreement between The Corporation of the City of Sarnia and Sarnia
Transit Company Limited granting the said Company the exclusive right
and franchise to maintain and operate buses for the conveyance of pas-
sengers in the City of Sarnia for a period of ten (10) years commencing on
September 1st, 1969 on the terms set out in the said Agreement.
Now Therefore the Municipal Council of The Corporation of the
City of Sarnia enacts as follows:
1. That the proposed Agreement to be dated as of the 4th day of
November, 1968 between The Corporation of the City of Sarnia and
Sarnia Transit Company Limited granting to Sarnia Transit Company
Limited the exclusive right and franchise to maintain and operate buses
for the conveyance of passengers within the limits of the City of Sarnia for
a period of ten (10) years commencing on the 1st day of September, 1969
(a copy of which Agreement is set out in the Schedule annexed hereto and
forming part of this By-law) is hereby approved and authorized.
2. That the Mayor and Clerk of The Corporation of the City of
Sarnia be and they are hereby authorized and directed to execute and
deliver the said Agreement on behalf of The Corporation of the City of
Sarnia and to affix the Corporate Seal of the Corporation thereto.
Passed this 9th day of December, 1968.
Paul D. Blundy,
Mayor.
G. A. M. Thomas,
Clerk.
Pr28
Schedule To By-law Number 6108
Memorandum of Agreement made as of the 4th day of November
1968.
Between:
The Corporation of the City of Sarnia,
hereinafter called the "City"
— and —
Sarnia Transit Company Limited,
hereinafter called the "Company"
— and
OF the first part,
OF THE SECOND PART,
Mervyn Davies, of the Township of Sarnia,
Bus Operator, and
W. John Davies, of the City of Sarnia, in the
County of Lambton, Bus Operator,
hereinafter called the "Parties"
OF THE THIRD PART,
Whereas the City and the Company entered into an Agreement
under which the Company has and is providing, operating and maintaining
an adequate and efficacious public transportation system in the City of
Sarnia for a period of ten (10) years from the 1st day of September, 1959;
And Whereas it is desirable that the said transportation system
should be continued for a further period of ten (10) years;
And Whereas the Parties of the Third Part are the sole stockholders
of the "Company".
Now Therefore This Agreement Witnesseth that the Parties
hereto have agreed as follows:
1. Subject to the assent of the municipal electors of the City as
required under The Municipal Franchises Act, the City hereby grants to
the Company the exclusive right and franchise to maintain and operate
buses for the conveyance of passengers within the limits of the City as
such limits may, from time to time, exist, for a period of ten (10) years
from the 1st day of September, 1969 to the 31st day of August, 1979, both
dates inclusive.
2. The Company shall provide an adequate and efficacious trans-
portation system.
3. The rates for fares and charges to be charged by the Company
initially shall be as set forth in the schedule hereto and shall be collected
by and belong exclusively to the Company,
4. The City shall implement the establishment of an efficacious
service by taking all steps necessary or desirable to that end, including
without limiting the generality of the foregoing:
(.a) Granting authority for the establishment and enforcement of
recognized bus stops evidenced by signs for the exclusive use of
buses;
Pr28
(b) Granting authority for and enforcing the prohibition of parking
within bus stop areas during the period of bus operation by
the Company.
(c) Assuring the co-operation of the Police Force of the City in the
expeditious movement of buses, particularly during rush hours,
and when detours become necessary due to fires or other causes.
5. The Company shall not operate a bus route on any street of the
City without first obtaining the consent of the City to operate on such
street.
6. The Company, however, shall have the right to manage its business
and run its buses on such schedules, at such times and on such routes as it
may deem to be in the best interests of the transportation service.
7. The Company shall establish the tariflf of fares and charges as set
out in the schedule hereto and agrees that these shall not be changed by
the Company during the period from 1st of September, 1969 to 31st of
August, 1974 and thereafter these shall not be changed without prior
notification to the Council of the City, and, except by order of the Ontario
Municipal Board on application to it without the concurrence of the
Council of the City. It is understood and agreed that, notwithstanding
anything contained in paragraph 16 hereof, any decision of the Ontario
Municipal Board affecting the tarifT of fares and charges shall not preclude
the Company from making more than one application during the term of
this agreement subsequent to 31st of August, 1974 to change the tariff
of fares and charges. It is further understood and agreed that the Com-
pany will not make an application for a change in the tariff of fares and
charges more often than once in any period of twelve months without
the concurrence of the Council of the City.
8. It is understood and agreed that the revenues and expenses per-
taining to the operation of charter, interurban or special trips operated
by the Company are excluded from the provisions of this agreement.
9. The City shall be responsible for the repair and maintenance of
roadways, curbs and sidewalks on bus routes and at bus stops, and for the
removal of snow and ice from bus routes and at bus stops, and the cost of
such maintenance, repair or removal shall be borne by the City.
10. The City shall pay to the Company for the transportation service
for the period from the 1st day of September, 1969 to the 31st day of
August, 1970 the sum of $8,166.66 per month, which sum shall be payable
on the 1st day of each month during the said period; and for the period
from the 1st day of September, 1970 to the 31st day of August, 1971 the
sum of $8,666.66 per month, which sum shall be payable on the 1st day of
each month during the said period; and for the period from the 1st day of
September, 1971 to the 31st day of August, 1972 the sum of $9,166.66
per month, which sum shall be payable on the 1st day of each month during
the said period; and for the period from the 1st day of September, 1972 to
the 31st day of August, 1974 the sum of $9,583.33 per month, which sum
shall be payable on the 1st day of each month during the said period.
Within six months after the 1st day of September, 1974, either party may
notify the other party that an adjustment in the amount of the monthly
payment for transportation is required. In the event that the parties are
unable to agree upon an adjustment of the said amount within one month
after the receipt of such notice, the provisions of Section 16 of this agree-
ment shall apply to such disagreement. Until such time as a re-adjustment
is made in the amount of the monthly payment, the amount being paid
each month shall continue to be paid by the City to the Company during
the remainder of the term of franchise hereby granted. The said amounts
paid to provide for transportation shall be met by rates levied on all the
rateable property in the City of Sarnia.
11. That should the parties of the Third Part or either of them desire
to dispose of any shares of stock in the Company during the term of this
agreement, the same shall not be sold or transferred either directly or
indirectly without the consent of the City in writing having been first
Pr28
obtained; provided that such consent shall not be required with respect
to the transfer of any such shares to the wife or child of the holder thereof.
In the event of the sale or transfer of any shares with the consent of the
City, no subsequent sale or transfer shall be made by the holder thereof
without the consent of the City in writing having been first obtained.
That the number of shares issued by the Company shall not be increased
without the consent of the City in writing having been first obtained.
In the event that the holder of any shares is of the opinion that the con-
sent of the City is being withheld unreasonably, the provisions of Section 16
of this agreement shall apply.
12. On one year's prior written notice to the Company, the City in
any year during the term of the franchise may purchase the transportation
system maintained and operated by the Company, by payment in full of
the purchase price for all the then outstanding issued shares in the capital
stock of the Company. The purchase price shall be determined by a Board
of Arbitration three months before the effective date of the purchase of
the transportation system by the City. The Board of Arbitration shall
determine the value of the property of the Company on the basis of the
actual value thereof, without regard to the way in which it is being used,
its cost or its book value or the net revenue received therefrom.
13. The Company covenants and agrees that during the term of the
franchise it will not cease its operations in the City without giving six
months' prior written notice to the City of the Company's intention to
cease operations in the City. During the period of three months following
the giving of any such notice the City may purchase the transportation
system maintained and operated by the Company by payment in full of
the purchase price for all the then outstanding issued shares in the capital
stock of the Company. The said purchase price shall be determined by a
Board of Arbitration in the manner provided in paragraph 12 hereof.
14. The Compan}^ shall not be held to be in default hereunder for
failure to operate, if such failure is the result of fire, act of God, strike or
other cause beyond the control of the Company, and, in the event of such
an occurrence, the City shall not be liable to pay the Company the equiva-
lent portion of the payment required under paragraph 10 hereof pro-rated
on a day to day basis during the period in which the Company has ceased
to operate.
15. The Company shall at all times during the said term indemnify
and save harmless the City, should the City be held in any way liable for
the operation of the Company's buses and shall protect itself with an in-
surance policy or policies against accidents or liability to the public and/or
passengers, and for property damage, as required by The Highway Traffic
Act of the Province of Ontario and Regulations made thereunder, and The
Public Vehicles Act, or any other law of the Province of Ontario, and the
Company shall produce to the Council at a meeting held not later than
the 1st day of March in every year every policy or guaranteed contract
so made.
16. Any dispute between the City and the Company, including any
dispute respecting service or the interpretation of this agreement, shall be
referred to and determined by the Ontario Municipal Board, whose de-
cision shall be final and binding upon the parties hereto and from which
decision there shall be no appeal.
17. The City shall immediately take all necessary action to make
this agreement legal, valid and binding upon the parties hereto, including,
without limiting the generality of the foregoing, the enactment of a By-
law and the submission of the same, pursuant to The Municipal Franchises
Act, to the municipal electors of the City for their assent thereto and if the
assent of the electors is given, the City shall apply to the Legislature of the
Province of Ontario at its next regular session for legislation confirming
and ratifying this agreement, and declaring the same to be legal, valid and
binding upon the parties hereto.
Pr28
In Witness Whereof the parties hereto have hereunto affixed their
respective seals under the hands of their proper officers duly authorized
in that behalf.
Signed, Sealed and
Delivered
Nancy Haines.
Nancy Haines.
The Corporation of the
City of Sarnia:
Paul D. Blundy,
Mayor.
G. A. M. Thomas,
Clerk .
Sarnia Transit Company
Limited:
Mervyn Davies,
President.
John D. George,
Secretary.
Mervyn Davies.
W. John Davies.
Pr28
Schedule To Agreement
FARES AND CHARGES
(a) Adults — Cash fare of Twenty Cents (20c.) or five tickets
for Ninety Cents (90c.) to be sold in strips only.
(b) Children — Cash fare of Ten Cents (10c. ).
Children are defined as and shall mean only minors
under fifty-four inches (54") in height. Children
under three (3) years of age, if accompanied by
an adult, shall be carried free.
(c) Tickets — Each ticket shall be good for one fare.
(d) Transfers — Free transfers shall be given as follows:
One per fare, good for one continuous journey in
one direction to destination within the City on all
connecting buses of the Company within the City;
but obtainable only at the time of payment of fare.
Rolled up, crumpled or otherwise mutilated trans-
fers which are not easily discernible, may be
refused.
(e) The Above Fares shall be charged and be payable on entering the
Company's buses.
Pr28
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BILL Pr29
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Peterborough
Mr. Pitman
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr29 1968-69
An Act respecting the City of Peterborough
WHEREAS The Corporation of the City of Peter- J'reambie
borough by its petition has represented that on the
7th day of October, 1968 the council of The Corporation of
the City of Peterborough gave first and second readings to
By-law No. 1968-130, entitled "A by-law to authorize The
Corporation of the City of Peterborough to enter into an
agreement with Border Transit Limited granting to Border
Transit Limited the exclusive right to operate buses for the
conveyance of passengers within the limits of the City of
Peterborough for a period of five years from the 1st day of
January, 1969 and obligating the Corporation to pay annual-
ly to Border Transit Limited such amount of money as may
be necessary to provide Border Transit Limited with a profit
in the operations of such buses to the extent set out in the
said agreement,"; that the by-law has been assented to
by the municipal electors qualified to vote on money by-laws
for the City of Peterborough; and whereas the Corporation
has prayed for special legislation in respect of the matter
hereinafter set forth; and whereas it is expedient to grant the
prayer of the Petition ;
Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The council of The Corporation of the City of Peter- ^^*'\°q"'^^*
borough is hereby authorized to give third reading to an<^ Agreement
finally pass By-law No. 1968-130, set forth in the Schedule
hereto, to enter into the agreement forming part of the by-law
and to enact the by-law referred to in paragraph 16 of the
agreement in the form set forth in Schedule "A" to the
agreement.
2. This Act comes into force on the day it receives Royal ment"^^"'^^
Assent.
3. This Act may be cited as The City of Peterborough ^c/,^^^^* **"®
1968-69.
Pr29
SCHEDULE
By-law Number 1968-130
A By-law to authorize The Corporation of the City of Peterborough to
enter into an agreement with Border Transit Limited granting to
Border Transit Limited the exclusive right to operate buses for the
conveyance of passengers within the limits of the City of Peter-
borough for a period of five years from the 1st day of January, 1969
and obligating the Corporation to pay annually to Border Transit
Limited such amount of money as may be necessary to provide
Border Transit Limited with a profit in the operations of such buses
to the extent set out in the said agreement.
The Corporation of the City of Peterborough by the Council
thereof enacts as follows:
1. That the Agreement between the Corporation of the City of
Peterborough and Border Transit Limited set forth in the schedule at-
tached hereto and forming part of this By-law is hereby approved and
authorized.
2. That the Mayor and Clerk are hereby authorized and directed to
enter into, execute, affix the corporate seal and deliver the said agreement
on behalf of the Corporation of the City of Peterborough.
Read a First and Second Time this 7th day of October, 1968.
Joseph J. Behan, Mayor.
E. A. OuTRAM, Clerk.
Read a Third Time and finally passed this day of , 1969.
Mayor.
Clerk.
iiiiltti'hM .
■ \1 Otfti
Pr29
SCHEDULE
This Agreement made in duplicate this 8th da^' of October, A.D.
1968.
Between:
The Corporation of the City of Peterborough,
hereinafter called the Corporation,
of the first part,
— and —
Border Transit Limited,
hereinafter called the Company,
OF the second part.
Whereas the Parties hereto entered into an Agreement dated the
5th day of November, 1963, relating to conveyance of passengers by bus,
which Agreement expires on the 31st day of December, 1968;
And Whereas the Parties hereto are desirous of entering into a
further Agreement upon the terms and conditions hereinafter set out;
Now Therefore This Agreement Witnesseth that in considera-
tion of the premises and other good and valuable consideration, the
parties hereto hereby agree as follows:
1. In this agreement the words "deficit", "depreciation", "net
profit" and "capital assets" are used with reference only to the main-
tenance and operation of buses by the Company for the conveyance of
passengers within the limits of the City of Peterborough in accordance
with the terms of this agreement and other operations presently carried on
by the Company within the limits of the City of Peterborough, it being
understood that the Company is under no obligation to continue such
other operations.
2. Subject to the due performance by the Company of its obligations
under this Agreement, the Corporation hereby grants to the Company the
exclusive right to maintain and operate buses for the conveyance of pas-
sengers within the limits of the City of Peterborough for a period of five (5)
years from and including the 1st day of January, 1969, to and including
the 31st day of December, 1973. The franchise hereby granted relates
only to the picking up, conveyance and discharge of passengers within the
limits of the City of Peterborough and does not extend or apply to the
operation of buses operating between any point within the City of Peter-
borough and points outside the City of Peterborough where passengers
are not conveyed from one point within the City of Peterborough to
another and does not apply to passengers conveyed within the City of
Peterborough by taxi cab or ambulance. Without Restricting the
generality of the foregoing, it is understood and agreed that the Company
shall have the exclusive right to pick up, convey and discharge students
within the limits of the City of Peterborough, and the exclusive right to
enter into and contract for the conveyance of students within the limits
of the said City of Peterborough.
3. During the period of this Agreement the Company shall maintain
and operate an adequate number of buses of reasonably modern design and
type for the conveyance of passengers within the City of Peterborough on
such routes and at such times as the Corporation shall by resolution
determine and in the meantime on such routes and at such times as are
set forth in the schedule forming part of the agreement between the parties
dated April 20, 1958, as last varied by the parties. All buses so used shall
Pr29
be kept at all times in a good and sufficient state of repair; shall be kept
clean inside and out, and shall be lighted and heated at such hours and for
such periods of the year as may be necessary. The Corporation agrees to
consult with the Company with respect to proposed changes in routes and
schedules but the decision of the Corporation in this regard shall be final.
The Corporation will give the Company reasonable notice of any changes
in routes and schedules.
4. During the term of this Agreement the Company shall pay to the
Corporation an annual licence fee of $100.00 in two equal instalments on
June 30th and December 31st.
5. The rate of fares for conveyance of passengers shall be
Adult fare — 20c. cash or 3 tickets for 50c.
Children under 58 inches in height — 10c. cash or 6 tickets for 50c.
Such fares shall not be changed, altered or otherwise varied by the Com-
pany without the consent of the Council of the Corporation as expressed
by by-law;
6. During each of the years 1969, 1970, 1971, 1972 and 1973, the Cor-
poration will pay to the Company annually a basic sum of $45,000.00 by
monthly instalments of $3,750.00 each.
7. If the payment by the Corporation to the Company of the subsidy
referred to in paragraph 6 hereof shall result in the Company making a
net profit in any such year after payment of Federal and Provincial Cor-
poration taxes of less than $15,050.00, the Corporation shall forthwith
pay to the Company an additional amount equal to the difference between
such net profit and the sum of $15,050.00 and if the payment of the said
subsidy by the Corporation to the Company shall result in the Company
making a net profit in any year after payment of Federal and Provincial
Corporation taxes of more than $15,050.00 the Company shall forthwith
pay to the Corporation an amount equal to the difference between such
net profit and the sum of $15,050.00.
For the purposes of paragraph 7, net profits shall be determined after
deducting from the gross revenue of the Company all reasonable and
proper expenses, including an allowance for depreciation in the manner set
out in paragraph 9 hereof provided that the Company shall not deduct
as an expense any amount paid for managerial or executive salaries (in-
cluding directors' and officers' fees) in excess of $15,000.00 per annum,
without the consent of the Corporation.
8. In the Event that the Company shall fail to perform its obliga-
tions as set forth in this Agreement or in the event that the Corporation
shall fail to fulfil its obligations as set forth in this Agreement, then either
party shall have the right at any time thereafter to terminate this Agree-
ment upon three (3) months' written notice to the other party. In the
event this agreement is so terminated on a date other than the 31st day of
December in any year, the amount of the subsidy referred to in paragraph 6
hereof for the year in which the termination occurs shall be reduced pro-
portionately and in such event the amount of net profit where referred to
in paragraph 7 hereof shall be reduced by the proportion that the period
of the year remaining after the date of termination bears to the whole of
the year and any amount payable by either the Corporation or the Com-
pany thereunder shall be adjusted accordingly.
9. For the purpose of calculating the payments referred to in Para-
graph 7 hereof, the Company shall be entitled to an annual allowance of
$19,000.00 for depreciation upon all buses and motor vehicles presently
owned by the Company and subsequently acquired by it up to a maximum
cost for such subsequent acquisitions of $110,000.00 provided that should
the cost of acquisition of such additional buses and motor vehicles exceed
$110,000.00 then the annual allowance shall be increased by 20% mul-
tiplied by the amount of such excess. The Company shall not be entitled
to purchase capital assets of any kind at a cost in excess of $1,000.00
without the express consent of the Corporation as expressed by Resolution
of the Council.
Pr29
In addition, the Company shall be entitled to claim depreciation
allowance on its capital assets other than buses or other motor vehicles
at the maximum rates allowed by the Department of National Revenue.
In such calculations no allowance shall be made by the Company for
Corporation Income Tax payable by the Company with respect to the
recapture of depreciation.
10. The Corporation wilt pay the Company by monthly payment
on the 15th day of each month, one-twelfth of the basic amount set out in
paragraph 6 hereof. Any amount pajabie by the Corporation or the Com-
pany, if any, pursuant to paragraph 7 hereof for operations of the previous
year shall be paid to the Company or the Corporation within thirty days
after receipt by the Corporation of an audited Profit and Loss Statement
relating to the operations of said period. The auditor of the Corporation
shall have the right at all reasonable times during the currency of this
Agreement to examine and verify such of the Company's books of account,
vouchers and records, as may be necessary to determine the profit or loss
of the Company and the amount of subsidy payable hereunder or the
amount to which the City is entitled to receive by way of refund.
11. The Company may apply in writing to the Council of the Cor-
poration for a further renewal or extension of the Franchise granted and
extended hereunder or as amended, and such application shall be filed
with the Clerk of the Council of the Corporation on or before the 1st day
of June, 1972.
12. The Company shall at all times during the said term indemnify
and save harmless the Corporation, should the Corporation be held in any
way liable for the operation of the Company's buses, and shall protect
itself with an insurance policy or policies against accidents or liability
to the public and/or passengers, and for property damage, as required by
The Highway Traffic Act of the Province of Ontario and Regulations made
thereunder, and The Public Vehicles Act, and the Company shall produce
to the Council at a meeting held not later than the 1st day of March in
every year every policy or guaranteed contract so made.
13. The Corporation shall during the said term by by-law provide
sufficient bus stops as the Company may require to conduct its business
of carrying passengers as may be agreed upon between the parties hereto
and shall adequately mark said bus stops.
14. The Corporation shall during said term by by-law regulate
traffic in the City of Peterborough to enable the Company to operate its
buses efficiently.
15. The Council of the Corporation shall forthwith at its own expense
take or cause to be taken all necessary steps to lawfully pass or cause to be
passed, a by-law of the Corporation with the assent of the qualified elec-
tors, to authorize the Corporation to enter into this Agreement, and upon
the date when said by-law is finally passed, this Agreement shall become
effective.
16. The Corporation shall forthwith after this Agreement becomes
effective, pass a By-law in the form set out as Schedule "A" hereto.
17. Upon the expiration of this Agreement or upon the termination
of this agreement by either party pursuant to paragraph 8 hereof, the
Corporation shall for a period of three months thereafter have a sole,
irrevocable and exclusive option to purchase all the assets and property
of the Company used in connection with its operations in the City of
Peterborough at a price to be agreed upon by the parties or upon their
failure to agree, at a price to be determined under the provisions of The
Arbitrations Act of Ontario. It is agreed that in determining the price to
be paid to the Company:
(a) nothing shall be taken into account or allowed for the franchise
hereby granted ;
Pr29
(b) the price of buses and other motor vehicles acquired by the
Company up until December 31, 1963 shall be the undepreciated
capital cost thereof (which in this agreement means the original
capital cost after deduction of accumulated depreciation allow-
ance), the said undepreciated capital cost having been determined
at December 31, 1963 to be $60,000.00. With respect to the buses
or other motorized equipment purchased after the year 1963,
the purchase price shall be the original capital cost less the
depreciation allowances made by the Corporation from January 1,
1964 to the date of sale;
(f) the price of all other assets and property of the Company shall
be the actual market value thereof at the date of acceptance of
the option.
The said option may be accepted by the Corporation giving written notice
of such acceptance to the Company delivered by registered mail at its
place of business in the City of Peterborough and upon the acceptance of
such option all the said assets and property of the Company shall forth-
with become the property of the Corporation and the Company agrees to
execute all such instruments and assurances as may be necessary to
effectively transfer title in the said assets and property to the Corporation.
Upon the price being determined as aforesaid it shall immediately become
due and payable by the Corporation to the Company together with
interest thereon at the rate of six per cent per annum calculated from the
date of the acceptance of the option. In the event the Corporation fails
to accept the option within the said period of three months, then the
Corporation will immediately buy from the Company and the Company
will immediately sell to the Corporation all buses and other motor vehicles
acquired by the Company after January 1st, 1969, and then being used by
the Company in connection with its operations in the City of Peter-
borough, at the undepreciated capital cost thereof.
18. The Company shall not be liable for damages arising from the
cessation or interruption of the bus service herein caused by fire, flood,
act of God, strike or other circumstance beyond the control of the
Company.
19. The Company shall not assign this agreement and/or sell its
assets and property used in connection with its operations in the City of
Peterborough to any person or corporation without the express consent of
the Corporation as expressed by by-law of the Council thereof provided,
however, that such consent of the Corporation shall not be unreasonably
withheld, and provided also that upon being advised by the Company of
its intention to assign this agreement and/or sell its said assets or property
the Corporation shall immediately become entitled to a sole, irrevocable
and exclusive option for a period of three months thereafter to purchase
all the said assets and property of the Company at the price and upon the
terms and conditions set forth in paragraph 17 hereof and upon the accep-
tance of such option by the Corporation the franchise hereby granted shall
immediately be terminated.
20. If at any time during or after the said term of the agreement
any dispute, difference or question shall arise between the parties hereto,
or any of their representatives, touching this agreement, or any part
thereof, or the construction meaning or effect of this agreement or any
part thereof, or anything herein contained, or the rights or liabilities of
the parties, or their representatives, under this agreement or otherwise,
in relation to the premises, and if said matter cannot be settled by the
parties hereto by negotiation, then every such dispute, difference or ques-
tion shall be referred to a single arbitrator, if the parties agree upon one,
otherwise to three arbitrators, one to be appointed by each party to the
reference, and the third arbitrator to be a Judge of any County of the
Province of Ontario and to be appointed by the Parties hereto in writing
before they enter upon the business of the reference. If either party shall
refuse or neglect to appoint an arbitrator within thirty days after the other
Party shall have appointed an arbitrator, and shall have served a written
notice upon the first-mentioned party requiring such party to make such
appointment, then the arbitrator first appointed shall, at the request of
Pr29
the party appointing him, proceed to hear and determine the matter in
difference as if he were a single arbitrator appointed by both parties for
the purpose, and the award or determination which shall be made by the
said arbitrator, shall be final and binding on the parties hereto their
successors and assigns, and shall not be subject to appeal to any Court or
Courts.
21. The Corporation agrees to appoint each year a special Committee
for the purpose of assisting the Company in policy matters relating to
routes, rates, and other matters relating to the efficient operation of
the Company.
22. This Agreement shall enure to the benefit of and be binding
upon the parties hereto, their respective successors and assigns.
In Witness Whereof the said Parties hereto have hereunto affixed
their Corporate seals attested by the hands of their proper signing officers
in that behalf.
The Corporation of the City of
Peterborough:
Per:
Mayor.
Border Transit Limited:
Per:
Clerk.
President.
Secretary.
Pr29
Schedule "A" to the Agreement
By-law No.
Being a By-law of the City of Peterborough passed for the purposes
of fully carrying out the provisions of a certain Agreement between the
Corporation of the City of Peterborough and Border Transit Limited.
Whereas the Corporation of the City of Peterborough on the
day of , A.D. 196 , entered into an Agreement be-
tween Border Transit Limited granting to Border Transit Limited the
exclusive right to operate buses for the conveyance of passengers within
the limits of the City of Peterborough for a period of five years from the
1st day of January, 1969.
And Whereas the said Agreement was authorized by By-law Number
196 , passed on the day of
And Whereas the said Act provided, among other things, that
"The said Corporation is hereby authorized and empowered to pass such
other by-laws, to enter into such other agreements, and to do all such
other acts, matters and things as may be deemed necessary by the said
Corporation to fully carry out the provisions of the said Agreement."
And Whereas the said Act provided further that "Where jurisdiction
respecting any of the matters mentioned in said Agreement is now or may
hereafter be vested in the Police Commissioners of the said City, or any
other authority, such powers as may be necessary to enable the Council
to carry out the provisions of the said Agreement shall be exercised by the
Council of the said Corporation instead of the said commissioners or other
authority."
And Whereas the within By-law is deemed necessary to fully carry
out the provisions of the said Agreement.
Now Therefore The Corporation of the City of Peterborough by
the Council thereof enacts as follows:
interpretation
1. In this By-law,
(a) "omnibus" means a motor or other vehicle having a capacity
for the conveyance of more than six persons at one time, besides
the driver.
application of by-law
2. The Provisions of this By-law do not apply with respect to,
(c) any vehicle operated by Border Transit Limited; or
(6) any ambulance or taxi cab lawfully operated under licence of the
Board of Commissioners of Police of the City of Peterborough
and for the regular city tariff; or
(c) any omnibus owned and operated by a Board of Education,
Scnool Board or private school or University; or
(d) any omnibus owned and operated by any person, corporation
or organization for the purposes only of such person, corporation
or organization and for which no fare or fee is charged for trans-
portation nor paid directly or indirectly for the use of such
equipment, or for the leasing thereof.
Pr29
PROHIBITION
3. — (1) No person shall operate any vehicle for the conveyance of
passengers for hire from any point within the limits of the City of Peter-
borough as such limits may be from time to time, to any other point therein ;
and no person shall allow any vehicle of which he is the owner or which is
under his control to be so used.
(2) No person shall operate for the conveyance of passengers from
any point within the limits of the City of Peterborough as such limits may
be from time to time, to any other point therein, any omnibus which
has been let for hire or which is owned or is usually operated or under the
control of a person who lets vehicles for hire.
(3) No person who lets vehicles for hire shall allow any omnibus of
which he is the owner or which is under his control to be used for the
conveyance of passengers from any point within the limits of the City
of Peterborough as such limits may be from time to time, to any other
point therein, whether or not such omnibus has been let to a person who
is to provide his own driver.
ENFORCEMENT
4. The members of the police force and the officers and servants of the
city corporation shall not be obliged to enforce the provisions of this
By-law.
5. Every person who contravenes any provision of this By-law shall
upon conviction be liable to a penalty of not more than Three Hundred
Dollars, exclusive of costs.
Passed this day of , 19 .
City Clerk. Mayor.
Pr29
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BILL Pr29
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Peterborough
Mr. Pitman
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr29 1968-69
An Act respecting the City of Peterborough
WHEREAS The Corporation of the City of Peter- Preamble
borough by its petition has represented that on the
7th day of October, 1968 the council of The Corporation of
the City of Peterborough gave first and second readings to
By-law No. 1968-130, entitled "A by-law to authorize The
Corporation of the City of Peterborough to enter into an
agreement with Border Transit Limited granting to Border
Transit Limited the exclusive right to operate buses for the
conveyance of passengers within the limits of the City of
Peterborough for a period of five years from the 1st day of
January, 1969 and obligating the Corporation to pay annual-
ly to Border Transit Limited such amount of money as may
be necessary to provide Border Transit Limited with a profit
in the operations of such buses to the extent set out in the
said agreement,"; that the by-law has been assented to
by the municipal electors qualified to vote on money by-laws
for the City of Peterborough; and whereas the Corporation
has prayed for special legislation in respect of the matter
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the Petition ;
Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The council of The Corporation of the City of Peter- ^uthoma-
borough is hereby authorized to give third reading to and|nteMnto_
finally pass By-law No. 1968-130, set forth in the Schedule
hereto, to enter into the agreement forming part of the by-law
and to enact the by-law referred to in paragraph 16 of the
agreement in the form set forth in Schedule "A" to the
agreement.
2. This Act comes into force on the day it receives Royal ^l^t^^^^^'
Assent.
3. This Act may be cited as The City of Peterborough Act,
1968-69.
Pr29
Short title
SCHEDULE
By-law Number 1968-130
A By-law to authorize The Corporation of the City of Peterborough to
enter into an agreement with Border Transit Limited granting to
Border Transit Limited the exclusive right to operate buses for the
conveyance of passengers within the limits of the City of Peter-
borough for a period of five years from the 1st day of January, 1969
and obligating the Corporation to pay annually to Border Transit
Limited such amount of money as may be necessary to provide
Border Transit Limited with a profit in the operations of such buses
to the extent set out in the said agreement.
!.'■ The Corporation of the City of Peterborough by the Council
thereof enacts as follows:
1. That the Agreement between the Corporation of the City of
Peterborough and Border Transit Limited set forth in the schedule at-
tached hereto and forming part of this By-law is hereby approved and
authorized.
2. That the Mayor and Clerk are hereby authorized and directed to
enter into, execute, affix the corporate seal and deliver the said agreement
on behalf of the Corporation of the City of Peterborough.
Read a First and Second Time this 7th day of October, 1968.
Joseph J. Behan, Mayor.
E. A. Outram, Clerk.
Read a Third Time and finally passed this day of , 1969.
Mayor.
Clerk.
Pr29
SCHEDULE
This Agreement made in duplicate this 8th day of October, A.D.
1968.
Between:
The Corporation of the City of Peterborough,
hereinafter called the Corporation,
of the first part
— and —
Border Transit Limited,
hereinafter called the Company,
OF THE second PART.
Whereas the Parties hereto entered into an Agreement dated the
5th day of November, 1963, relating to conveyance of passengers by bus,
which Agreement expires on the 31st day of December, 1968;
And Whereas the Parties hereto are desirous of entering into a
further Agreement upon the terms and conditions hereinafter set out;
Now Therefore This Agreement Witnesseth that in considera-
tion of the premises and other good and valuable consideration, the
parties hereto hereby agree as follows:
1. In this agreement the words "deficit", "depreciation", "net
profit" and "capital assets" are used with reference only to the main-
tenance and operation of buses by the Company for the conveyance of
passengers within the limits of the City of Peterborough in accordance
with the terms of this agreement and other operations presently carried on
by the Company within the limits of the City of Peterborough, it being
understood that the Company is under no obligation to continue such
other operations.
2. Subject to the due performance by the Company of its obligations
under this Agreement, the Corporation hereby grants to the Company the
exclusive right to maintain and operate buses for the conveyance of pas-
sengers within the limits of the City of Peterborough for a period of five (5)
years from and including the 1st day of January, 1969, to and including
the 31st day of December, 1973. The franchise hereby granted relates
only to the picking up, conveyance and discharge of passengers within the
limits of the City of Peterborough and does not extend or apply to the
operation of buses operating between any point within the City of Peter-
borough and points outside the City of Peterborough where passengers
are not conveyed from one point within the City of Peterborough to
another and does not apply to passengers conveyed within the City of
Peterborough by taxi cab or ambulance. Without Restricting the
generality of the foregoing, it is understood and agreed that the Company
shall have the exclusive right to pick up, convey and discharge students
within the limits of the City of Peterborough, and the exclusive right to
enter into and contract for the conveyance of students within the limits
of the said City of Peterborough.
3. During the period of this Agreement the Company shall maintain
and operate an adequate number of buses of reasonably modern design and
type for the conveyance of passengers within the City of Peterborough on
such routes and at such times as the Corporation shall by resolution
determine and in the meantime on such routes and at such times as are
set forth in the schedule forming part of the agreement between the parties
dated April 20, 1958, as last varied by the parties. All buses so used shall
Pr29
4
be kept at all times in a good and sufficient state of repair; shall be kept
clean inside and out, and shall be lighted and heated at such hours and for
such periods of the year as may be necessary. The Corporation agrees to
consult with the Company with respect to proposed changes in routes and
schedules but the decision of the Corporation in this regard shall be final.
The Corporation will give the Company reasonable notice of any changes
in routes and schedules.
4. During the term of this Agreement the Company shall pay to the
Corporation an annual licence fee of $100.00 in two equal instalments on
June 30th and December 31st.
5. The rate of fares for conveyance of passengers shall be
Adult fare — 20c. cash or 3 tickets for 50c.
Children under 58 inches in height — 10c. cash or 6 tickets for 50c.
Such fares shall not be changed, altered or otherwise varied by the Com-
pany without the consent of the Council of the Corporation as expressed
by by-law;
6. During each of the years 1969, 1970, 1971, 1972 and 1973, the Cor-
poration will pay to the Company annually a basic sum of $45,000.00 by
monthly instalments of $3,750.00 each.
7. If the payment by the Corporation to the Company of the subsidy
referred to in paragraph 6 hereof shall result in the Company making a
net profit in any such year after payment of Federal and Provincial Cor-
poration taxes of less than $15,050.00, the Corporation shall forthwith
pay to the Company an additional amount equal to the difference between
such net profit and the sum of $15,050.00 and if the payment of the said
subsidy by the Corporation to the Company shall result in the Company
making a net profit in any year after payment of Federal and Provincial
Corporation taxes of more than $15,050.00 the Company shall forthwith
pay to the Corporation an amount equal to the difference between such
net profit and the sum of $15,050.00.
For the purposes of paragraph 7, net profits shall be determined after
deducting from the gross revenue of the Company all reasonable and
proper expenses, including an allowance for depreciation in the manner set
out in paragraph 9 hereof provided that the Company shall not deduct
as an expense any amount paid for managerial or executive salaries (in-
cluding directors' and oflftcers' fees) in excess of $15,000.00 per annum,
without the consent of the Corporation.
8. In the Event that the Company shall fail to perform its obliga-
tions as set forth in this Agreement or in the event that the Corporation
shall fail to fulfil its obligations as set forth in this Agreement, then either
party shall have the right at any time thereafter to terminate this Agree-
ment upon three (3) months' written notice to the other party. In the
event this agreement is so terminated on a date other than the 31st day of
December in any year, the amount of the subsidy referred to in paragraph 6
hereof for the year in which the termination occurs shall be reduced pro-
portionately and in such event the amount of net profit where referred to
in paragraph 7 hereof shall be reduced by the proportion that the period
of the year remaining after the date of termination bears to the whole of
the year and any amount payable by either the Corporation or the Com-
pany thereunder shall be adjusted accordingly.
9. For the purpose of calculating the payments referred to in Para-
fraph 7 hereof, the Company shall be entitled to an annual allowance of
19,000.00 for depreciation upon all buses and motor vehicles presently
owned by the Company and subsequently acquired by it up to a maximum
cost for such subsequent acquisitions of $110,000.00 provided that should
the cost of acquisition of such additional buses and motor vehicles exceed
$110,000.00 then the annual allowance shall be increased by 20% mul-
tiplied by the amount of such excess. The Company shall not be entitled
to purchase capital assets of any kind at a cost in excess of $1,000.00
without the express consent of the Corporation as expressed by Resolution
of the Council.
Pr29
In addition, the Company shall be entitled to claim depreciation
allowance on its capital assets other than buses or other motor vehicles
at the maximum rates allowed by the Department of National Revenue.
In such calculations no allowance shall be made by the Company for
Corporation Income Tax payable by the Company with respect to the
recapture of depreciation.
10. The Corporation will pay the Company by monthly payment
on the 15th day of each month, one-twelfth of the basic amount set out in
paragraph 6 hereof. Any amount payable by the Corporation or the Com-
pany, if any, pursuant to paragraph 7 hereof for operations of the previous
year shall be paid to the Company or the Corporation within thirty days
after receipt by the Corporation of an audited Profit and Loss Statement
relating to the operations of said period. The auditor of the Corporation
shall have the right at all reasonable times during the currency of this
Agreement to examine and verify such of the Company's books of account,
vouchers and records, as may be necessary to determine the profit or loss
of the Company and the amount of subsidy payable hereunder or the
amount to which the City is entitled to receive by way of refund.
11. The Company may apply in writing to the Council of the Cor-
poration for a further renewal or extension of the Franchise granted and
extended hereunder or as amended, and such application shall be filed
with the Clerk of the Council of the Corporation on or before the 1st day
of June, 1972.
12. The Company shall at all times during the said term indemnify
and save harmless the Corporation, should the Corporation be held in any
way liable for the operation of the Company's buses, and shall protect
itself with an insurance policy or policies against accidents or liability
to the public and/or passengers, and for property damage, as required by
The Highway Traffic Act of the Province of Ontario and Regulations made
thereunder, and The Public Vehicles Act, and the Company shall produce
to the Council at a meeting held not later than the 1st day of March in
every year every policy or guaranteed contract so made.
13. The Corporation shall during the said term by by-law provide
sufficient bus stops as the Company may require to conduct its business
of carrying passengers as may be agreed upon between the parties hereto
and shall adequately mark said bus stops.
14. The Corporation shall during said term by by-law regulate
traffic in the City of Peterborough to enable the Company to operate its
buses efficiently.
15. The Council of the Corporation shall forthwith at its own expense
take or cause to be taken all necessary steps to lawfully pass or cause to be
passed, a by-law of the Corporation with the assent of the qualified elec-
tors, to authorize the Corporation to enter into this Agreement, and upon
the date when said by-law is finally passed, this Agreement shall become
effective.
16. The Corporation shall forthwith after this Agreement becomes
effective, pass a By-law in the form set out as Schedule "A" hereto.
17. Upon the expiration of this Agreement or upon the termination
of this agreement by either party pursuant to paragraph 8 hereof, the
Corporation shall for a period of three months thereafter have a sole,
irrevocable and exclusive option to purchase all the assets and property
of the Company used in coimection with its operations in the City of
Peterborough at a price to be agreed upon by the parties or upon their
failure to agree, at a price to be determined under the provisions of The
Arbitrations Act of Ontario. It is agreed that in determining the price to
be paid to the Company:
(a) nothing shall be taken into account or allowed for the franchise
hereby granted;
Pr29
(ft) the price of buses and other motor vehicles acquired by the
Company up until December 31, 1963 shall be the undepreciated
capital cost thereof (which in this agreement means the original
capital cost after deduction of accumulated depreciation allow-
ance), the said undepreciated capital cost having been determined
at December 31, 1963 to be $60,000.00. With respect to the buses
or other motorized equipment purchased after the year 1963,
the purchase price shall be the original capital cost less the
depreciation allowances made by the Corporation from January 1,
1964 to the date of sale;
(c) the price of all other assets and property of the Company shall
be the actual market value thereof at the date of acceptance of
the option.
The said option may be accepted by the Corporation giving written notice
of such acceptance to the Company delivered by registered mail at its
place of business in the City of Peterborough and upon the acceptance of
such option all the said assets and property of the Company shall forth-
with become the property of the Corporation and the Company agrees to
execute all such instruments and assurances as may be necessary to
effectively transfer title in the said assets and property to the Corporation.
Upon the price being determined as aforesaid it shall immediately become
due and payable by the Corporation to the Company together with
interest thereon at the rate of six per cent per annum calculated from the
date of the acceptance of the option. In the event the Corporation fails
to accept the option within the said period of three months, then the
Corporation will immediately buy from the Company and the Company
will immediately sell to the Corporation all buses and other motor vehicles
acquired by the Company after January 1st, 1959, and then being used by
the Company in connection with its operations in the City of Peter-
borough, at the undepreciated capital cost thereof.
18. The Company shall not be liable for damages arising from the
cessation or interruption of the bus service herein caused by fire, flood,
act of God, strike or other circumstance beyond the control of the
Company.
19. The Company shall not assign this agreement and/or sell its
assets and property used in connection with its operations in the City of
Peterborough to any person or corporation without the express consent of
the Corporation as expressed by by-law of the Council thereof provided,
however, that such consent of the Corporation shall not be unreasonably
withheld, and provided also that upon being advised by the Company of
its intention to assign this agreement and/or sell its said assets or property
the Corporation shall immediately become entitled to a sole, irrevocable
and exclusive option for a period of three months thereafter to purchase
all the said assets and property of the Company at the price and upon the
terms and conditions set forth in paragraph 17 hereof and upon the accep-
tance of such option by the Corporation the franchise hereby granted shall
immediately be terminated.
20. If at any time during or after the said term of the agreement
any dispute, difference or question shall arise between the parties hereto,
or any of their representatives, touching this agreement, or any part
thereof, or the construction meaning or effect of this agreement or any
part thereof, or anything herein contained, or the rights or liabilities of
the parties, or their representatives, under this agreement or otherwise,
in relation to the premises, and if said matter cannot be settled by the
parties hereto by negotiation, then every such dispute, difference or ques-
tion shall be referred to a single arbitrator, if the parties agree upon one,
otherwise to three arbitrators, one to be appointed by each party to the
reference, and the third arbitrator to be a Judge of any County of the
Province of Ontario and to be appointed by the Parties hereto in writing
before they enter upon the business of the reference. If either party shall
refuse or neglect to appoint an arbitrator within thirty days after the other
Party shall have appointed an arbitrator, and shall have served a written
notice upon the first-mentioned party requiring such party to make such
appointment, then the arbitrator first appointed shall, at the request of
Pr29
the party appointing him, proceed to hear and determine the matter in
difference as if he were a single arbitrator appointed by both parties for
the purpose, and the award or determination which shall be made by the
said arbitrator, shall be final and binding on the parties hereto their
successors and assigns, and shall not be subject to appeal to any Court or
Courts.
21. The Corporation agrees to appoint each year a special Committee
for the purpose of assisting the Company in policy matters relating to
routes, rates, and other matters relating to the efficient operation of
the Company.
22. This Agreement shall enure to the benefit of and be binding
upon the parties hereto, their respective successors and assigns.
In Witness Whereof the said Parties hereto have hereunto affixed
their Corporate seals attested by the hands of their proper signing officers
in that behalf.
The Corporation of the City of
Peterborough:
Per:
Mayor.
Clerk.
Border Transit Limited:
Per:
President.
Secretary.
Pr29
Schedule "A" to the Agreement
By-law No.
Being a By-law of the City of Peterborough passed for the purposes
of fully carrying out the provisions of a certain Agreement between the
Corporation of the City of Peterborough and Border Transit Limited.
Whereas the Corporation of the City of Peterborough on the
day of , A.D. 196 , entered into an Agreement be-
tween Border Transit Limited granting to Border Transit Limited the
exclusive right to operate buses for the conveyance of passengers within
the limits of the City of Peterborough for a period of five years from the
1st day of January, 1969.
And Whereas the said Agreement was authorized by By-law Number
196 , passed on the day of
And Whereas the said Act provided, among other things, that
"The said Corporation is hereby authorized and empowered to pass such
other by-laws, to enter into such other agreements, and to do all such
other acts, matters and things as may be deemed necessary by the said
Corporation to fully carry out the provisions of the said Agreement."
And Whereas the said Act provided further that "Where jurisdiction
respecting any of the matters mentioned in said Agreement is now or may
hereafter be vested in the Police Commissioners of the said City, or any
other authority, such powers as may be necessary to enable the Council
to carry out the provisions of the said Agreement shall be exercised by the
Council of the said Corporation instead of the said commissioners or other
authority."
And Whereas the within By-law is deemed necessary to fully carry
out the provisions of the said Agreement.
Now Therefore The Corporation of the City of Peterborough by
the Council thereof enacts as follows:
interpretation
1. In this By-law,
(a) "omnibus" means a motor or other vehicle having a capacity
for the conveyance of more than six persons at one time, besides
the driver.
APPLICATION of BY-LAW
2. The Provisions of this By-law do not apply with respect to,
(c) any vehicle operated by Border Transit Limited; or
(6) any ambulance or taxi cab lawfully operated under licence of the
Board of Commissioners of Police of the City of Peterborough
and for the regular city tariff; or
(c) anv omnibus owned and operated by a Board of Education,
Scnool Board or private school or University; or
{d) any omnibus owned and operated by any person, corporation
or organization for the purposes only of such person, corporation
or organization and for which no fare or fee is charged for trans-
portation nor paid directly or indirectly for the use of such
equipment, or for the leasing thereof.
Pr29
PROHIBITION
3. — (1) No person shall operate any vehicle for the conveyance of
passengers for hire from any point within the limits of the City of Peter-
borough as such limits may be from time to time, to any other point therein;
and no person shall allow any vehicle of which he is the owner or which is
under his control to be so used.
(2) No person shall operate for the conveyance of passengers from
any point within the limits of the City of Peterborough as such limits may
be from time to time, to any other point therein, any omnibus which
has been let for hire or which is owned or is usually operated or under the
control of a person who lets vehicles for hire.
(3) No person who lets vehicles for hire shall allow any omnibus of
which he is the owner or which is under his control to be used for the
conveyance of passengers from any point within the limits of the City
of Peterborough as such limits may be from time to time, to any other
point therein, whether or not such omnibus has been let to a person who
is to provide his own driver.
ENFORCEMENT
4. The members of the police force and the officers and servants of the
city corporation shall not be obliged to enforce the provisions of this
By-law.
5. Every person who contravenes any provision of this By-law shall
upon conviction be liable to a penalty of not more than Three Hundred
Dollars, exclusive of costs.
Passed this day of , 19 .
City Clerk. Mayor.
Pr29
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BILL Pr30
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Banks Alignment Limited
Mr. Paterson
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr30 1968-69
An Act respecting Banks Alignment Limited
WHEREAS John Robert Banks, Evelyn Florence Banks Preamble
and John Lewis Banks by their petition have repre-
sented that Banks Alignment Limited, herein called the
Corporation, was incorporated by letters patent dated the
13th day of November, 1956; that the Provincial Secretary
by order made under the authority of subsection 2 of section
326 of The Corporations Act cancelled the letters patent of
the Corporation and declared it to be dissolved on the 3rd ^f i^* ^^®°'
day of June, 1965; that the petitioners were all the directors
and the holders of all the common shares of the Corporation
at the time of the said dissolution; that the notice of default
in filing annual returns required by the said subsection 2 of
section 326 of The Corporations Act, although sent to each of
the petitioners as directors, was not received by any of them;
that the petitioners became aware of the dissolution of the
Corporation within one year after the date thereof and
although the Corporation then instructed its solicitors to take
steps to remedy such default no such action was taken within
the period of one year provided for under the authority of
subsection 3 of section 326 of The Corporations Act and the
petitioners did not become aware that such action had not
been taken until more than one year after the date of the
dissolution of the Corporation; that by virtue of the cancel-
lation of the letters patent of the Corporation the assets
thereof became forfeit to the Crown in right of the Province
of Ontario pursuant to section 330 of The Corporations Act;
that by order in council dated the 29th day of June, 1967, it
was recommended that pursuant to section 4 of The Escheats ^_'f 23' ^^ ^'
Act, all the interest of the Crown in right of the Province of
Ontario to the assets of the Corporation be released to John
Robert Banks, one of the petitioners, and that the Public
Trustee be authorized to execute any transfers or assignments
required for the purpose of transferring the said assets to the
said John Robert Banks; that the Corporation at the time of
its dissolution was carrying on active commercial business;
and whereas the petitioners have prayed for special legislation
reviving the Corporation; and whereas it is expedient to grant
the prayer of the petition ;
Pr30
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:
Banks
Alignment
Limited
revived
1. Banks Alignment Limited incorporated by letters patent
dated the 13th day of November, 1956, is hereby revived and
is, subject to any rights acquired by any person after its
dissolution, hereby restored to its legal position as a company
incorporated by letters patent, including all its property,
rights, privileges and franchises and subject to all liabilities,
contracts, disabilities and debts as at the date of its dis-
solution in the same manner and to the same extent as if it
had not been dissolved.
Commence-
ment
2. This Act comes into force on the day it receives Royal
Assent.
Short title 3, This Act may be cited as The Banks Alignment Limited
Act, 1968-69.
Pr30
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BILL Pr30
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting Banks Alignment Limited
Mr. Paterson
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr30 1968-69
An Act respecting Banks Alignment Limited
WHEREAS John Robert Banks, Evelyn Florence Banks Preamble
and John Lewis Banks by their petition have repre-
sented that Banks Alignment Limited, herein called the
Corporation, was incorporated by letters patent dated the
13th day of November, 1956; that the Provincial Secretary
by order made under the authority of subsection 2 of section
326 of The Corporations Act cancelled the letters patent of
the Corporation and declared it to be dissolved on the 3rd ^fi*^" ^^^^'
day of June, 1965; that the petitioners were all the directors
and the holders of all the common shares of the Corporation
at the time of the said dissolution; that the notice of default
in filing annual returns required by the said subsection 2 of
section 326 of The Corporations Act, although sent to each of
the petitioners as directors, was not received by any of them;
that the petitioners became aware of the dissolution of the
Corporation within one year after the date thereof and
although the Corporation then instructed its solicitors to take
steps to remedy such default no such action was taken within
the period of one year provided for under the authority of
subsection 3 of section 326 of The Corporations Act and the
petitioners did not become aware that such action had not
been taken until more than one year after the date of the
dissolution of the Corporation; that by virtue of the cancel-
lation of the letters patent of the Corporation the assets
thereof became forfeit to the Crown in right of the Province
of Ontario pursuant to section 330 of The Corporations Act;
that by order in council dated the 29th day of June, 1967, it
was recommended that pursuant to section 4 of The Escheats c/ 123'
Act, all the interest of the Crown in right of the Province of
Ontario to the assets of the Corporation be released to John
Robert Banks, one of the petitioners, and that the Public
Trustee be authorized to execute any transfers or assignments
required for the purpose of transferring the said assets to the
said John Robert Banks; that the Corporation at the time of
its dissolution was carrying on active commercial business;
and whereas the petitioners have prayed for special legislation
reviving the Corporation; and whereas it is expedient to grant
the prayer of the petition ;
Pr30
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:
Banks
Alignment
Limited
revived
1. Banks Alignment Limited incorporated by letters patent
dated the 13th day of November, 1956, is hereby revived and
is, subject to any rights acquired by any person after its
dissolution, hereby restored to its legal position as a company
incorporated by letters patent, including all its property,
rights, privileges and franchises and subject to all liabilities,
contracts, disabilities and debts as at the date of its dis-
solution in the same manner and to the same extent as if it
had not been dissolved.
Commence-
ment
2. This Act comes into force on the day it receives Royal
Assent.
Short title 3, This Act may be cited as The Banks Alignment Limited
Act, 1968-69.
Pr30
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BILL Pr31
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the County of Welland
Mr. Morningstar
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr31 1968-69
An Act respecting the County of Welland
WHEREAS The Corporation of the County of Welland Preamble
by its petition has prayed for special legislation in
respect of the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Corporation of the County of Welland, The Cor- Authoriza-
poration of the City of Welland, The Corporation of the City enter into
of Niagara Falls and The Corporation of the City of Port
Coiborne are hereby authorized and empowered to enter into
the agreement set forth as the Schedule hereto, and are
authorized and empowered to carry out and perform the
terms thereof.
2. This Act comes into force on the day it receives Royal commence-
. -^ •' ment
Assent.
3. This Act'^mav be cited as The County of Welland Act, short title
1968-69.
Pr31
SCHEDULE
This Agreement made in quadruplicate this twenty-ninth day of
January, A.D. 1969.
Between:
The Corporation of the County of Welland,
hereinafter referred to as "the County",
OF the first part,
The Corporation of the City of Welland,
The Corporation of the City of Port Colborne,
— and —
The Corporation of the City of Niagara Falls,
hereinafter referred to as "the Cities",
OF THE SECOND PART,
— and —
The Welland District Association for
Retarded Incorporated,
Port Colborne District Association for
Mentally Retarded Incorporated,
The Peace Bridge Area Association for
Mentally Retarded, and
Greater Niagara Association for the
Mentally Retarded,
hereinafter referred to as "the approved corporations",
OF the third part.
W^hereas the Parties hereto entered into an agreement dated the
26th day of January, 1968 pursuant to the provisions of The County of
Welland Act, 1968, Chapter 182;
And Whereas The Homes for Retarded Persons Act, 1966, Chapter 65,
was amended by 1968, Chapter 51, and pursuant thereto the Minister of
Social and Family Services has required that the said agreement be amended
by the removal of all reference to residence;
Now Therefore in consideration of the said request it is hereby
agreed by and between the parties hereto as follows:
1. That clause a of section 3 of the said agreement be amended by
deleting all the words after "advantage" in the second line, so that the
clause shall read as follows:
(a) Co-ordinate the operation of the approved homes, so that the
total facilities may be used to the best advantage.
2. This agreement shall be deemed to have come into force on the
first day of January, A.D. 1968.
In Witness Whereof the Parties hereto have hereunto affixed
their Corporate Seal.
Sealed and Delivered and countersigned by the Warden and the
Clerk of the Corporation of the County of Welland, the Mayor and the
Clerk of the Corporation of the City of Welland, the Mayor aiid the Clerk
Pr31
of the Corporation of the City of Niagara Falls, and the Mayor and the
Clerk of the Corporation of the City of Port Colborne, and by the proper
signing officers of the Parties of the Third I^art.
The Corporation of the County of
Welland :
Warden.
Clerk.
The Corporation of the City of
Welland:
Mayor.
Clerk.
The Cori'oration of the City of
Niagara Falls:
Mayor.
Clerk.
The Corporation of thic City of
Port Colborne:
Ma vor.
Clerk.
The Welland District Association
for Retarded Incorporated:
Port Colborne District
Association for Mentally
Retarded Incorporated:
The Peace Bridge Area
Association for Mentally
Retarded:
Greater Niagara Association for
THE Mentally Retarded:
Pr31
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BILL Pr31
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the County of Welland
Mr. Morningstar
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr31 1968-69
An Act respecting the County of Welland
WHEREAS The Corporation of the County of Welland Preamble
by its petition has prayed for special legislation in
respect of the matters hereinafter set forth; and whereas it is
expedient to grant the prayer of the petition;
Therefore, Her Majesty, by and with the advice and
consent of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. The Corporation of the County of Welland, The Cor- Authoriza-
poration of the City of Welland, The Corporation of the City enter into
of Niagara Falls and The Corporation of the City of Port ^^^^^"^^"
Colborne are hereby authorized and empowered to enter into
the agreement set forth as the Schedule hereto, and are
authorized and empowered to carry out and perform the
terms thereof.
2. This Act comes into force on the day it receives Royal commence-
. -' ■' ment
Assent.
3. This Act may be cited as The County of Welland ^c/, short title
1968-69.
Pr31
SCHEDULE
This Agreement made in quadruplicate this twenty-ninth day of
January, A.D. 1969.
Between :
The Corporation of the County of VVelland,
hereinafter referred to as "the County",
of the first part,
The Corporation of the City of Welland,
The Corporation of the City of Port Colborne,
— and —
The Corporation of the City of Niagara Falls,
hereinafter referred to as "the Cities",
OF the second part,
— and —
The Welland District Association for
Retarded Incorporated,
Port Colborne District Association for
Mentally Retarded Incorporated,
The Peace Bridge Area Association for
Mentally Retarded, and
Greater Niagara Association for the
Mentally Retarded,
hereinafter referred to as "the approved corporations",
of the third part.
Whereas the Parties hereto entered into an agreement dated the
26th day of January, 1968 pursuant to the provisions of The County of
Welland Ad, 1968, Chapter 182;
And Whereas The Homes for Retarded Persons Act, 1966, Chapter 65,
was amended by 1968, Chapter 51, and pursuant thereto the Minister of
Social and Family Services has required that the said agreement be amended
by the removal of all reference to residence;
Now Therefore in consideration of the said request it is hereby
agreed by and between the parties hereto as follows:
1. That clause a of section 3 of the said agreement be amended by
deleting all the words after "advantage" in the second line, so that the
clause shall read as follows:
(fl) Co-ordinate the operation of the approved homes, so that the
total facilities may be used to the best advantage.
2. This agreement shall be deemed to have come into force on the
first day of January, A.D. 1968.
In Witness Whereof the Parties hereto have hereunto affixed
their Corporate Seal.
Sealed and Delivered and countersigned by the Warden and the
Clerk of the Corporation of the County of Welland, the Mayor and the
Clerk of the Corporation of the City of Welland, the Mayor and the Clerk
Pr31
of the Corporation of the City of Niagara Falls, and the Mayor and the
Clerk of the Corporation of the City of Port Colborne, and by the proper
signing officers of the Parties of the Third Part.
The Corporation of the County of
Welland:
Warden.
Clerk.
The Corporation of the City of
Welland:
Mayor.
Clerk.
The Corporation of the City of
Niagara Falls:
Mayor.
Clerk.
The Corporation of the City of
Port Colborne:
Mayor.
Clerk.
The Welland District Association
for Retarded Incorporated:
Port Colborne District
Association for Mentally
Retarded Incorporated:
The Peace Bridge Area
Association for Mentally
Retarded:
Greater Niagara Association for
the Mentally Retarded:
Pr31
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BILL Pr32
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting McMaster University
Mrs. Pritchard
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
'ntHVj'HilJ 'l\Jj^i^U/^Ln ^ktn:j'}q!£-'Xl Ili..
BILL Pr32 1968-69
An Act respecting McMaster University
WHEREAS McMaster University by its petition has^^^^""^^^
prayed for special legislation in respect of the matters
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Section 4 of The McMaster University Act, 1957, is 8.4,
1957, c. 144,
re-enacted
repealed and the following substituted therefor:
4. The University, while recognizing the Christian J;S!^®''"*^
tradition in which it is founded, shall be free in its J^^*^^^"^'
management and discipline from the control of any
religious body.
2. Section 11 of The McMaster University Act, 1957, ase. iil^'
amended by section 3 of The McMaster University ^c/,'"®"®"^''*®'*
1962-63, is repealed and the following substituted therefor:
11. The Board shall be composed as follows: of°Board ^^^
(a) The Chancellor, the President and the Vice-
Chairman of the Senate, ex officio.
(b) Eighteen members to be elected for terms of
four years by the Board.
(c) One member to be elected for a term of three
years by the Board of Trustees of the Divinity
College.
(d) Four members to be elected for terms of four
years by the Alumni Association of the Uni-
versity from among the graduates of the
University.
Pr32
(e) Six members to be elected for terms of three
years by the elected faculty members of the
Senate from among the faculty members and
ex officio members of the Senate, not fewer
than two of such members to be elected from
among the faculty members, and not fewer
than two from the ex officio members of the
Senate.
1957, c. 144, 3. Section 12 of The McMaster University Act, 1957, as
re-enacted amended by section 4 of The McMaster University Act, 1962-63,
is repealed and the following substituted therefor:
Members
eligible for
re-election
12. — (1) Elected members of the Board shall be eligible
for re-election by the Board for not more than two
additional terms, provided they are not over the
age of seventy years.
Vacancies
(2) Where a member of the Board who has been elected
under clause e of section 1 1 ceases to be a member of
the Senate he shall vacate his seat and it shall be
the duty of the Board, by resolution, to declare
vacant the seat of such member.
Seat
declared
vacant
(3) After thirty days notice to any elected or appointed
member, the Board, by a resolution passed by at
least two-thirds of the votes cast at a meeting of the
Board, may declare vacant the seat of such member.
Filling of
vacancies
(4) Any vacancy in the seats of members of the Board
elected under clause e of section 1 1 may be filled by
election by the elected faculty members of the
Senate, and the Board may fill any other vacancy on
the Board for the balance of the term involved.
Quorum
(5) Notwithstanding any vacancies on the Board, as
long as there are at least twenty members the Board
may exercise its powers and ten members shall con-
stitute a quorum.
Term of
office
(6) Notwithstanding the expiration of the term for which
he was elected, a member of the Board shall con-
tinue to hold office until his successor is elected.
Chairman
(7) The Board shall elect a Chairman and a Vice-
Chairman from among its members.
Minutes
and records
(8) The Board shall keep proper records and minutes of
its proceedings and proper books of account of the
financial affairs of the University.
Pr32
4. — (1) Clause a of section 13 of The McMaster University l^^^''^^^^^^'
Act, 1957, as amended by section 5 of The McMaster University r^-^^^°^^'^'
Act, 1962-63, is repealed and the following substituted there-
for:
(a) to appoint and remove the President and one or more
Vice-Presidents, the Deans, the University Librarian,
the University Registrar, the Director of Student
Affairs, the Director of Continuing Education, the
professors, and other members of the teaching staff
of the University, provided that,
(i) the President shall be appointed from among
such persons as may be nominated by the
Senate after the Senate has requested, re-
ceived and considered a recommendation from
a committee composed of five persons to be
named by the Board and five persons to be
named by the Senate, which committee shall
appoint its own chairman and determine its
own procedure, and any recommendation of
the committee shall be made in writing and
signed by at least eight members and delivered
to the Senate within nine months after the
date on which the Senate shall have named
the five persons to be named by it, and failing
such recommendation, the Senate may nomi-
nate and the Board may appoint the Presi-
dent, and
(ii) all other such appointments of the Board,
except in cases of term appointments of
teaching staff, shall be made from among
such persons as may be recommended by the
President and nominated by the Senate,
and to appoint and remove all other officers, agents
and servants of the University, and whenever there
is a vacancy in the office of the President, to appoint
an acting President to hold office during the pleasure
of the Board or until a President is appointed.
(2) The said section 13 is amended by adding thereto thes. is; *^'
r ,, • , amended
tollowmg clauses:
(/) to make by-laws for the conduct of its elections;
(g) to make recommendations to the Senate as to edu-
cational policy.
Pr32
1957, c. 144, 5, Section 14 of The McMaster University Act, 1957, as
re-enacted amended by section 6 of The McMaster University Act, 1962-63,
is repealed and the following substituted therefor:
Composition 14^ jhe Senate shall be composed as follows:
of Senate '^
(a) The Chancellor, the President and the Vice-
Presidents, the senior Deans of the several
faculties, the Dean of Graduate Studies, the
Dean of Degree Studies in Extension, the
Principal of the Divinity College, the Uni-
versity Librarian, the Director of Continuing
Education and the Director of Student Affairs,
ex officio.
(b) Six members to be elected for terms of three
years by and from the Board.
(c) Four members to be elected for terms of three
years by the Alumni Association of the Uni-
versity from among the graduates of the
University.
(d) Six students of the University, being four
from the full-time undergraduate student
body and two from the full-time graduate
student body, elected in such manner and for
such term and having such qualifications as
may be prescribed by by-laws of the Senate.
(e) Members equal in number to the total of ex
officio and elected members hereinbefore pro-
vided for, to be elected for terms of three
years by the full-time teaching staff of the
University and the Divinity College, from
among the full-time professors, associate pro-
fessors and assistant professors on regular
appointment by the Board or by the Board of
Trustees of the Divinity College.
(/) The Registrar of the University who shall
not vote on matters requiring a vote of the
Senate.
1957. c. 144, Q Section 15 of The McMaster University Act, 1957, is
re-enacted repealed and the following substituted therefor:
^ilibi'e^or 15.— (1) Members of the Senate elected under clause b,
re-election c or e of section 14 shall be eligible for re-election
for one additional term, and thereafter members
Pr32
elected under clause e of section 14 shall be eligible
for re-election after three years from the expiration
of their last term.
(2) Where a member of the Senate who has been elected vacancies
under clause e of section 14 ceases to be a full-time
member of the teaching staff, on regular appoint-
ment by the Board or by the Board of Trustees of
the Divinity College, he shall vacate his seat and it
shall be the duty of the Senate, by resolution, to
declare vacant the seat of such member.
(3) Any vacancy in the seats of members of the Senate ^^^"^
elected under clause d of section 14 may be filled by
election in such manner as may be prescribed by by-
laws of the Senate.
(4) Any vacancy in the seats of members of the Senate ^^®"^
elected under clause e of section 14 may be filled by
election by the full-time teaching staff of the Uni-
versity, and the Divinity College and the Senate may
fill any other vacancy in the Senate for the balance
of the term involved.
(5) After thirty days notice to any elected member, the ||*j*g^j.g^
Senate, by a resolution passed by at least two-thirds vacant
of the votes cast at a meeting of the Senate, may
declare vacant the seat of such member.
(6) Notwithstanding any vacancies on the Senate, as*^"°''"™
long as there are at least thirty members, the Senate
may exercise its powers, and ten members or such
greater number as is provided for in the by-laws
shall constitute a quorum.
(7) Notwithstanding the expiration of the term for which If^^ °^
he was elected, a member of the Senate shall continue
to hold office until his successor is elected.
(8) The President shall be Chairman of the Senate and^j^^*^^|^
Vice-Chancellor of the University. Chancellor
(9) One of the Vice-Presidents, designated by the qJ^ ®frman
President, shall be the Vice-Chairman of the Senate.
(10) The Registrar of the University shall be, ex officio, secretary
Secretary of the Senate.
Pr32
s.^16' ci/ftl** '^' — ^^^ Clause b of section 16 of The McMaster University
re-en'acted' Act, 1957, as amended by section 7 of The McMaster Uni-
versity Act, 1962-63, is repealed and the following substituted
therefor :
(6) subject to clause a of section 13, to nominate for
appointment by the Board the President and one or
more Vice-Presidents, the Deans, the University
Librarian, the University Registrar, the Director of
Student Affairs, the Director of Continuing Educa-
tion, the professors and other members of teaching
staff of the University, except in cases of term ap-
pointments of teaching staff.
1957, c. 144, (2) The said section 16 is amended by adding thereto the
amended following clauSes :
{k) to make by-laws for the conduct of its elections;
(/) to make recommendations to the Board on any
subject of concern to the University.
1957, c. 144, g. Section 19 of The McMaster University Act, 1957, is
repealed repealed.
tution^of ^' — (1) The Board shall be reconstituted in accordance
Board ^j^j^ section 11 of The McMaster University Act, 1957, as re-
enacted by section 2 of this Act, within 120 days after the
coming into force of this Act, and the members now in office
shall continue in office until the Board has been so recon-
stituted.
tu^ion^of ^^) ^^^ Senate shall be reconstituted in accordance with
Senate section 14 of The McMaster University Act, 1957, as re-enacted
by section 5 of this Act, within 120 days after the coming into
force of this Act, and the members now in office shall continue
in office until the Senate has been so reconstituted.
First election (3) Notwithstanding sections 11 and 14 of The McMaster
University Act, 1957, as re-enacted by sections 2 and 5, re-
spectively, of this Act, on the first election of members of the
Board and Senate after the coming into force of this Act,
(a) of those members of the Board elected under clause b
of section 11, four shall be elected for a term of one
year, four shall be elected for a term of two years,
four shall be elected for a term of three years, and
six shall be elected for a term of four years;
Pr32
(b) of those members of the Board elected under clause d
of section 11, one shall be elected for a term of one
year, one shall be elected for a term of two years, one
shall be elected for a term of three years, and one
shall be elected for a term of four years;
(c) of those members of the Board elected under clause e
of section 11 and those members of the Senate
elected under clause b of section 14, two shall be
elected for a term of one year, two shall be elected
for a term of two years and two shall be elected for a
term of three years;
(d) of those members of the Senate elected under clause c
of section 14, one shall be elected for a term of one
year, one shall be elected for a term of two years, and
two shall be elected for a term of three years;
(e) of those members of the Senate elected under clause e
of section 14, eleven shall be elected for a term of one
year, eleven shall be elected for a term of two years,
and the remainder shall be elected for a term of
three years.
10. This Act comes into force on the day it receives Royal me^t"®"^®'
Assent.
11. This Act may be cited as The McMaster University ^^°''^ ^'^^^
Act, 1968-69.
Pr32
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BILL Pr32
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting McMaster University
Mrs. Pritchard
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
f r.t*T
rr?,/i"s la.
BILL Pr32 1968-69
An Act respecting McMaster University
WHEREAS McMaster University by its petition has ^'■®^"'^^®
prayed for special legislation in respect of the matters
hereinafter set forth ; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Section 4 of The McMaster University Act, 1957, isg.^fj' °- ^**'
repealed and the following substituted therefor: re-enacted
4. The University, while recognizing the Christian no^nJ®'^^^*^
tradition in which it was founded, shall be free in its ^j®^^^^'*^-
management and discipline from the control of any
religious body.
2. Section 11 of The McMaster University Act, 1957, asi957.c.i44.
amended by section 3 of The McMaster University ^c/, re-enacted
1962-63, is repealed and the following substituted therefor:
11. The Board shall be composed as follows: ff°Bo^a°rd"°''
(a) The Chancellor, the President and the Vice-
Chairman of the Senate, ex officio.
(b) Eighteen members to be elected for terms of
four years by the Board.
(c) One member to be elected for a term of three
years by the Board of Trustees of the Divinity
College.
(d) Four members to be elected for terms of four
years by the Alumni Association of the Uni-
versity from among the graduates of the
University.
Pr32
(e) Six members to be elected for terms of three
years by the elected faculty members of the
Senate from among the faculty members and
ex officio members of the Senate, not fewer
than two of such members to be elected from
among the faculty members, and not fewer
than two from the ex officio members of the
Senate.
1957. c. 144, 3, Section 12 of The McMaster University Act, 1957, as
re-enacted amended by section 4 of The McMaster University Act, 1962-63,
is repealed and the following substituted therefor:
Members
eligible for
re-election
12. — (1) Elected members of the Board shall be eligible
for re-election by the Board for not more than two
additional terms, provided they are not over the
age of seventy years.
Vacancies
(2) Where a member of the Board who has been elected
under clause e of section 1 1 ceases to be a member of
the Senate he shall vacate his seat and it shall be
the duty of the Board, by resolution, to declare
vacant the seat of such member.
Seat
declared
vacant
(3) After thirty days notice to any elected or appointed
member, the Board, by a resolution passed by at
least two-thirds of the votes cast at a meeting of the
Board, may declare vacant the seat of such member.
Filling of
vacancies
(4) Any vacancy in the seats of members of the Board
elected under clause e of section 1 1 may be filled by
election by the elected faculty members of the
Senate, and the Board may fill any other vacancy on
the Board for the balance of the term involved.
Quorum
(5) Notwithstanding any vacancies on the Board, as
long as there are at least twenty members the Board
may exercise its powers and ten members shall con-
stitute a quorum.
Term of
office
(6) Notwithstanding the expiration of the term for which
he was elected, a member of the Board shall con-
tinue to hold office until his successor is elected.
Chairman
(7) The Board shall elect a Chairman and a Vice-
Chairman from among its members.
Minutes
and records
(8) The Board shall keep proper records and minutes of
its proceedings and proper books of account of the
financial affairs of the University.
Pr32
4. — (1) Clause a of section 13 of The McMaster University l^^^' '^^■^^'^^'
Act, 1957, as amended by section 5 of The McMaster University T^^-^^&oted
Act, 1962-63, is repealed and the following substituted there-
for:
(a) to appoint and remove the President and one or more
Vice-Presidents, the Deans, the University Librarian,
the University Registrar, the Director of Student
Affairs, the Director of Continuing Education, the
professors, and other members of the teaching staff
of the University, provided that,
(i) the President shall be appointed from among
such persons as may be nominated by the
Senate after the Senate has requested, re-
ceived and considered a recommendation from
a committee composed of five persons to be
named by the Board and five persons to be
named by the Senate, which committee shall
appoint its own chairman and determine its
own procedure, and any recommendation of
the committee shall be made in writing and
signed by at least eight members and delivered
to the Senate within nine months after the
date on which the Senate shall have named
the five persons to be named by it, and failing
such recommendation, the Senate may nomi-
nate and the Board may appoint the Presi-
dent, and
(ii) all other such appointments of the Board,
except in cases of term appointments of
teaching staff, shall be made from among
such persons as may be recommended by the
President and nominated by the Senate,
and to appoint and remove all other officers, agents
and servants of the University, and whenever there
is a vacancy in the office of the President, to appoint
an acting President to hold office during the pleasure
of the Board or until a President is appointed.
(2) The said section 13 is amended by adding thereto thes. is! °'
I- ,, . , amended
followmg clauses:
(/) to make by-laws for the conduct of its elections;
(g) to make recommendations to the Senate as to edu-
cational policy.
Pr32
1957. c. 144. 5. Section 14 of The McMaster University Act, 1957, as
re-enacted amended by section 6 of The McMaster University Act, 1962-63,
is repealed and the following substituted therefor:
Composition 14. xhe Senate shall be composed as follows:
of Senate ^
(a) The Chancellor, the President and the Vice-
Presidents, the senior Deans of the several
faculties, the Dean of Graduate Studies, the
Dean of Degree Studies in Extension, the
Principal of the Divinity College, the Uni-
versity Librarian, the Director of Continuing
Education and the Director of Student Affairs,
ex officio.
(b) Six members to be elected for terms of three
years by and from the Board.
(c) Four members to be elected for terms of three
years by the Alumni Association of the Uni-
versity from among the graduates of the
University.
(d) Six students of the University, being four
from the full-time undergraduate student
body and two from the full-time graduate
student body, elected in such manner and for
such term and having such qualifications as
may be prescribed by by-laws of the Senate.
(e) Members equal in number to the total of ex
officio and elected members hereinbefore pro-
vided for, to be elected for terms of three
years by the full-time teaching staff of the
University and the Divinity College, from
among the full-time professors, associate pro-
fessors and assistant professors on regular
appointment by the Board or by the Board of
Trustees of the Divinity College.
(/) The Registrar of the University who shall
not vote on matters requiring a vote of the
Senate.
1957. c. 144. Q Section 15 of The McMaster University Act, 1957, is
re-enacted repealed and the following substituted therefor:
efi|ibie%or ^^- — (^) Members of the Senate elected under clause b,
re-election c OT e oi section 14 shall be eligible for re-election
for one additional term, and thereafter members
Pr32
elected under clause e of section 14 shall be eligible
for re-election after three years from the expiration
of their last term.
(2) Where a member of the Senate who has been elected vacancies
under clause e of section 14 ceases to be a full-time
member of the teaching staff, on regular appoint-
ment by the Board or by the Board of Trustees of
the Divinity College, he shall vacate his seat and it
shall be the duty of the Senate, by resolution, to
declare vacant the seat of such member.
(3) Any vacancy in the seats of members of the Senate ^<^®"^
elected under clause d of section 14 may be filled by
election in such manner as may be prescribed by by-
laws of the Senate.
(4) Any vacancy in the seats of members of the Senate ^'^^"^
elected under clause e of section 14 may be filled by
election by the full-time teaching staff of the Uni-
versity, and the Divinity College and the Senate may
fill any other vacancy in the Senate for the balance
of the term involved.
(5) After thirty days notice to any elected member, the |®^j*^j.g^
Senate, by a resolution passed by at least two-thirds vacant
of the votes cast at a meeting of the Senate, may
declare vacant the seat of such member.
(6) Notwithstanding any vacancies on the Senate, as*^'^^''"™
long as there are at least thirty members, the Senate
may exercise its powers, and ten members or such
greater number as is provided for in the by-laws
shall constitute a quorum.
(7) Notwithstanding the expiration of the term for which l^^ °^
he was elected, a member of the Senate shall continue
to hold office until his successor is elected.
(8) The President shall be Chairman of the Senate and ^n^ vice^
Vice-Chancellor of the University. chancellor
(9) One of the Vice-Presidents, designated by thechah-man
President, shall be the Vice-Chairman of the Senate.
(10) The Registrar of the University shall be, ex officio, secretary
Secretary of the Senate.
Pr32
s.^ie". ci. ^^' '''•—(1) Clause b of section 16 of The McMaster University
re-enacted' Act, 1957, as amended by section 7 of The McMaster Uni-
versity Act, 1962-63, is repealed and the following substituted
therefor :
{b) subject to clause a of section 13, to nominate for
appointment by the Board the President and one or
more Vice-Presidents, the Deans, the University
Librarian, the University Registrar, the Director of
Student Affairs, the Director of Continuing Educa-
tion, the professors and other members of teaching
staff of the University, except in cases of term ap-
pointments of teaching staff.
1957, c. 144, (2) The said section 16 is amended by adding thereto the
amended following clauses :
{k) to make by-laws for the conduct of its elections;
(/) to make recommendations to the Board on any
subject of concern to the University.
1957. c. 144, g^ Section 19 of The McMaster University Act, 1957, is
repealed repealed.
tut?on^of 9. — (1) The Board shall be reconstituted in accordance
Board ^j^j^ section 11 of The McMaster University Act, 1957, as re-
enacted by section 2 of this Act, within 120 days after the
coming into force of this Act, and the members now in office
shall continue in office until the Board has been so recon-
stituted..
tifuon^of (2) The Senate shall be reconstituted in accordance with
Senate section 14 of The McMaster University Act, 1957, as re-enacted
by section 5 of this Act, within 120 days after the coming into
force of this Act, and the members now in office shall continue
in office until the Senate has been so reconstituted.
First election (3) Notwithstanding sections 1 1 and 14 of The McMaster
University Act, 1957, as re-enacted by sections 2 and 5, re-
spectively, of this Act, on the first election of members of the
Board and Senate after the coming into force of this Act,
(a) of those members of the Board elected under clause b
of section 11, four shall be elected for a term of one
year, four shall be elected for a term of two years,
four shall be elected for a term of three years, and
six shall be elected for a term of four years;
Pr32
(b) of those members of the Board elected under clause d
of section 11, one shall be elected for a term of one
year, one shall be elected for a term of two years, one
shall be elected for a term of three years, and one
shall be elected for a term of four years;
(c) of those members of the Board elected under clause e
of section 11 and those members of the Senate
elected under clause b of section 14, two shall be
elected for a term of one year, two shall be elected
for a term of two years and two shall be elected for a
term of three years;
(d) of those members of the Senate elected under clause c
of section 14, one shall be elected for a term of one
year, one shall be elected for a term of two years, and
two shall be elected for a term of three years;
(e) of those members of the Senate elected under clause e
of section 14, eleven shall be elected for a term of one
year, eleven shall be elected for a term of two years,
and the remainder shall be elected for a term of
three years.
10. This Act comes into force on the day it receives Royal ^%^^^'^'^^'
Assent.
11. This Act may be cited as The McMaster University ^^''''^ ^'^^^
Act, 1968-69.
Pr32
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BILL Pr32
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting McMaster University
Mrs. Pritchard
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr32 1968-69
An Act respecting McMaster University '
WHEREAS McMaster University by its petition has^"*"^'®
prayed for special legislation in respect of the matters i , /
hereinafter set forth; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Section 4 of The McMaster University Act, 1957, iss. 4^ ^' ■^**'
repealed and the following substituted therefor: re-enacted
4. The University, while recognizing the Christian Sfil^®""^"^
tradition in which it was founded, shall be free in its ^j^^o^*"^*"
management and discipline from the control of any
religious body.
2. Section 11 of The McMaster University Act, 1957, asi^fT.c. i44.
amended by section 3 of The McMaster University ylc/,re-«nacted
l$62-03, is repealed and the following substituted therefor:
11. The Board shall be composed as follows: ff'Krd""''
r (a) The Chancellor, the President and the Vice-
Chairman of the Senate, ex officio.
(b) Eighteen members to be elected for terms of
four years by the Board.
(c) One member to be elected for a term of three
years by the Board of Trustees of the Divinity
College.
(d) Four members to be elected for terms of four
years by the Alumni Association of the Uni- ', ,
versity from among the graduates of the
University. ■
Pr32
(e) Six members to be elected for terms of three
years by the elected faculty members of the
Senate from among the faculty members and
ex officio members of the Senate, not fewer
than two of such members to be elected from
rt- pvjpi among the faculty members, and not fewer
than two from the ex off do members of the
Senate.
1967, c. 144,
B. 12,
re-enacted
Members
eligible for
re-election
VacanoieB
3. Section 12 of The McMaster University Act, 1957, as
amended by section 4 of The McMaster University Act, 1962-63,
is repealed and the following substituted therefor:
duti iioi}i;
'rjj*il2, — (1) Elected members of the Board shall be eligible
it * for re-election by the Board for not more than two
additional terms, provided they are not over the
age of seventy years.
(2) Where a member of the Board who has been elected
under clause e of section 1 1 ceases to be a member of
the Senate he shall vacate his seat and it shall be
V. V the duty of the Board, by resolution, to declare
vacant the seat of such member.
Seat
declared
vacant
'at
(3) After thirty days notice to any elected or appointed
member, the Board, by a resolution passed by at
, least two-thirds of the votes cast at a meeting of the
Board, may declare vacant the seat of such member.
Filling of
vacancies
(4) Any vacancy in the seats of members of the Board
elected under clause e of section 1 1 may be filled by
election by the elected faculty members of the
Senate, and the Board may fill any other vacancy on
the Board for the balance of the term involved.
Quorum
(5) Notwithstanding any vacancies on the Board, as
long as there are at least twenty members the Board
may exercise its powers and ten members shall con-
stitute a quorum.
Term of
office
(6) Notwithstanding the expiration of the term for which
he was elected, a member of the Board shall con-
tinue to hold office until his successor is elected.
Chairman
Minutes
and records
(7) The Board shall elect a Chairman and a Vice-
Chairman from among its members.
(8) The Board shall keep proper Records and minutes of
its proceedings and proper books of account of the
financial affairs of the University.
Pr32
im
4. — (1) Clause a of section 13 of The McMaster University 1^^^'°^^^^^'
Act, 1957, as amended by section 5 of The McMaster University ^^-^^^^o^^^'
Act, 1962-63, is repealed and the following substituted there-
for:
(a) to appoint and remove the President and one or more
Vice-Presidents, the Deans, the University Librarian,
the University Registrar, the Director of Student
Affairs, the Director of Continuing Education, the
professors, and other members of the teaching staff
of the University, provided that,
(i) the President shall be appointed from among
such persons as may be nominated by the
Senate after the Senate has requested, re-
ceived and considered a recommendation from
a committee composed of five persons to be
named by the Board and five persons to be
named by the Senate, which committee shall
appoint its own chairman and determine its
own procedure, and any recommendation of
the committee shall be made in writing and
signed by at least eight members and delivered
to the Senate within nine months after the
date on which the Senate shall have named
the five persons to be named by it, and failing
such recommendation, the Senate may nomi-
nate and the Board may appoint the Presi-
dent, and
(ii) all other such appointments of the Board,
except in cases of term appointments of
teaching staff, shall be made from among
such persons as may be recommended by the
President and nominated by the Senate,
and to appoint and remove all other officers, agents
and servants of the University, and whenever there
is a vacancy in the office of the President, to appoint
an acting President to hold office during the pleasure
of the Board or until a President is appointed.
(2) The said section 13 is amended by adding thereto thcs. iz, °'
r ,) • 1 amended
followmg clauses:
(/) to make by-laws for the conduct of its elections;
('
f (g) to make recommendations to the Senate as to edu-
'''"' cational policy. - '
Pr32
B?il'. °' ^**' ^' Section 14 of The McMaster University Act, 1957, as
re-enacted amended by section 6 of The McMaster University Act, 1962-63,
is repealed and the following substituted therefor:
of°senate^°" ^^' ^^^ Senate shall be composed as follows:
(a) The Chancellor, the President and the Vice-
Presidents, the senior Deans of the several
faculties, the Dean of Graduate Studies, the
Dean of Degree Studies in Extension, the
Principal of the Divinity College, the Uni-
versity Librarian, the Director of Continuing
Education and the Director of Student Affairs,
ex officio.
(b) Six members to be elected for terms of three
years by and from the Board.
(c) Four members to be elected for terms of three
years by the Alumni Association of the Uni-
versity from among the graduates of the
University.
(d) Six students of the University, being four
from the full-time undergraduate student
body and two from the full-time graduate
student body, elected in such manner and for
such term and having such qualifications as
may be prescribed by by-laws of the Senate.
(e) Members equal in number to the total of ex
officio and elected members hereinbefore pro-
vided for, to be elected for terms of three
years by the full-time teaching staff of the
University and the Divinity College, from
among the full-time professors, associate pro-
fessors and assistant professors on regular
appointment by the Board or by the Board of
Trustees of the Divinity College.
(/) The Registrar of the University who shall
not vote on matters requiring a vote of the
Senate.
1957. c. i44. Q Section 15 of The McMaster University Act, 1957, is
re-enacted repealed and the following substituted therefor:
JfilKfor 15.— (1) Members of the Senate elected under clause b,
re-election c Of « of section 14 shall be eligible for re-election
for one additional term, and thereafter members
Pr32
elected under clause e of section 14 shall be eligible
for re-election after three years from the expiration
of their last term.
(2) Where a member of the Senate who has been elected vaoanoies
under clause e of section 14 ceases to be a full-time
member of the teaching staff, on regular appoint-
ment by the Board or by the Board of Trustees of
the Divinity College, he shall vacate his seat and it
shall be the duty of the Senate, by resolution, to
declare vacant the seat of such member,
(3) Any vacancy in the seats of members of the Senate ^^^^
elected under clause d of section 14 may be filled by
election in such manner as may be prescribed by by-
laws of the Senate.
(4) Any vacancy in the seats of members of the Senate ^^^"^
elected under clause e of section 14 may be filled by
election by the full-time teaching staff of the Uni-
versity, and the Divinity College and the Senate may
fill any other vacancy in the Senate for the balance
of the term involved.
(5) After thirty days notice to any elected member, the ||^j*^j.g^
Senate, by a resolution passed by at least two-thirds vacant
of the votes cast at a meeting of the Senate, may
declare vacant the seat of such member.
(6) Notwithstanding any vacancies on the Senate, as*^"^'"""^
long as there are at least thirty members, the Senate
may exercise its powers, and ten members or such
greater number as is provided for in the by-laws
shall constitute a quorum.
(7) Notwithstanding the expiration of the term for which 1^^ °^
he was elected, a member of the Senate shall continue
to hold office until his successor is elected.
(8) The President shall be Chairman of the Senate and J^^f *^^|?
Vice-Chancellor of the University. chancellor
(9) One of the Vice-Presidents, designated by the oh°®ii.nian
President, shall be the Vice-Chairman of the Senate.
(10) The Registrar of the University shall be, ex officio, Secretary
Secretary of the Senate.
Pr32
1957, Cj 144, 7, — (1) Clause b of section 16 of The McMaster University
re-enacted' Act, 1957, as amended by section 7 of The McMaster Uni-
versity Act, 1962-63, is repealed and the following substituted
therefor :
{b) subject to clause a of section 13, to nominate for
appointment by the Board the President and one or
more Vice-Presidents, the Deans, the University
Librarian, the University Registrar, the Director of
Student Affairs, the Director of Continuing Educa-
tion, the professors and other members of teaching
staff of the University, except in cases of term ap-
pointments of teaching staff.
1957, c. 144, (2) The said section 16 is amended by adding thereto the
amended following claUSeS :
{k) to make by-laws for the conduct of its elections;
(/) to make recommendations to the Board on any
subject of concern to the University.
1957, c. 144, g^ Section 19 of The McMaster University Act, 1957, is
repealed repealed.
tution^of" ^' — (1) The Board shall be reconstituted in accordance
Board ^j^-|^ section 11 of The McMaster University Act, 1957, as re-
enacted by section 2 of this Act, within 120 days after the
coming into force of this Act, and the members now in office
shall continue in office until the Board has been so recon-
stituted.
Reconsti- (2) The Senate shall be reconstituted in accordance with
tUtlOn of ^ ^ -rr • • A ^nr'i
Senate section 14 of The McMaster University Act, 1957 , as re-enacted
by section 5 of this Act, within 120 days after the coming into
force of this Act, and the members now in office shall continue
in office until the Senate has been so reconstituted.
First election (3) Notwithstanding sections 11 and 14 of The McMaster
University Act, 1957 , as re-enacted by sections 2 and 5, re-
spectively, of this Act, on the first election of members of the
Board and Senate after the coming into force of this Act,
(a) of those members of the Board elected under clause b
of section 11, four shall be elected for a term of one
year, four shall be elected for a term of two years,
four shall be elected for a term of three years, and
six shall be elected for a term of four years;
Pr32 '''"
(b) of those members of the Board elected under clause d
of section 11, one shall be elected for a term of one
year, one shall be elected for a term of two years, one
shall be elected for a term of three years, and one
shall be elected for a term of four years;
(c) of those members of the Board elected under clause e
of section 11 and those members of the Senate
elected under clause b of section 14, two shall be
elected for a term of one year, two shall be elected
for a term of two years and two shall be elected for a
term of three years;
(d) of those members of the Senate elected under clause c
of section 14, one shall be elected for a term of one
year, one shall be elected for a term of two years, and
two shall be elected for a term of three years;
(e) of those members of the Senate elected under clause e
of section 14, eleven shall be elected for a term of one
year, eleven shall be elected for a term of two years,
and the remainder shall be elected for a term of
three years.
10. This Act comes into force on the day it receives Royal ment"®'^°*"
Assent.
11. This Act may be cited as The McMaster University ^^''''^^'^^^
Act, 1968-69.
Pr32
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BILL Pr33
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Windsor
Mr. Newman (Windsor-Walkerville)
(Private Bill)
TORONTO
Printed and Published by Fkank Fogg, Queen's Printer
BILL Pr33 1968-69
An Act respecting the City of Windsor
WHEREAS The Corporation of the City of Windsor, p^®^"^*^!®
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth; and whereas it is expedient to grant the prayer
of the petition ;
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 section "drainage works" and "construe- tation
tion" mean drainage works and construction as defined inc^H'^^'
The Drainage Act, 1962-63.
(2) Where the council of the Corporation deems it ex- tionf^^^^'
pedient to undertake the construction, repair or improve- [^Pfj?^^°^.
ment of any drainage works in the City of Windsor or any 'pent of
defined area thereof, in accordance with the provisions of works
The Drainage Act, 1962-63, it may, notwithstanding that Act,
by by-law provide that the whole or such part, as the by-law
may determine, of the cost of such construction, repair or
improvement shall be charged and collected by a special rate
sufficient therefor levied upon all the rateable property in
the City of Windsor or in any such defined area.
(3) No by-law passed under this section shall be repealed, by-'iaw °
prohibited
2.— (1) Clause h of subsection 3 of section 10 of The Ci/3'i946, c.^45^^
of Windsor Act, 1946, as re-enacted by subsection 2 of section 1 ci. 6.^
of The City of Windsor Act, 1961-62 is amended by striking c 174, s.'i.
out "two" in the first line and inserting in lieu thereof "three", amended
so that the clause shall read as follows :
(6) three governors who shall be the members of the
medical staff prescribed by the regulations under
The Public Hospitals Act. c.*322.'
Pr33
1946, c. 145, (2) Clause d of subsection 3 of the said section 10, as
(1955, re-enacted by section 1 of The City of Windsor Act, 1955, is
s." 1) siibs. 3, amended by striking out "two" in the first line and inserting
amended in Heu thereof "three", so that the clause shall read as follows:
(d) three additional governors to be appointed by the
governors appointed under clauses a to c.
1946, c^i|5j^ 3. Subsection 3 of section 12 of The City of Windsor Act,
(1955, c. 119, 1946, as re-enacted by section 2 of The City of Windsor Act,
repealed 1955 and amended by section 1 of The City of Windsor Act,
1958, is repealed.
Commence- 4. — (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 1st day of January, 1969.
Short title 5, This Act may be cited as The City of Windsor Act,
1968-69.
Pr33
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BILL Pr33
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Windsor
Mr. Newman (Windsor-Walkerville)
{Reprinted as amended by the Private Bills Committee)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
yy-^-^
BILL Pr33 1968-69
An Act respecting the City of Windsor
WHEREAS The Corporation of the City of Windsor, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth; and whereas it is expedient to grant the prayer
of the petition ;
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 section "drainage works" and "construe- interpre-
tion" mean drainage works and construction as defined in 1962-63.
The Drainage Act, 1962-63. "• ^^
(2) Where the council of the Corporation deems it ex- ^°JJ^*'""°"
pedient to undertake the construction, repair or improve- repair or
ment of any drainage works in the City of Windsor or any ment of
defined area thereof, in accordance with the provisions oi^otke^'^
The Drainage Act, 1962-63, it may, notwithstanding that Act,
by by-law provide that the whole or such part, as the by-law
may determine, of the cost of such construction, repair or
improvement shall be charged and collected by a special rate
sufficient therefor levied upon all the rateable property in
the City of Windsor or in any such defined area.
(3) No by-law passed under this section shall be repealed, ^y.^aw °^
prohibited
2.— (1) Subsection 2 of section 10 of The City of Windsor l^\l'J(,^^^i
Act, 1946, as re-enacted by section 1 of The City of TFiwcfsor (i^^s, c. 119.
Act, 1955, is repealed and the following substituted therefor: re-enacted
(2) The management, control and maintenance of the ^^jf^^^g®^"^
Hospital and the custody of all real and personal of Hospital
property belonging to or used in connection there-
with shall be vested in a board of thirteen governors.
Pr33
(2) Clause b of subsection 3 of the said section 10, as re-
enacted by subsection 2 of section 1 of The City of Windsor
1946, C. 145,
s. 10, subs. 3,
cl. b,
( 1 Qfil -R9
c. 174, s.'i. Act, 1961-62, is amended by striking out "two" in the first
amended line and inserting in lieu thereof "three", so that the clause
shall read as follows:
(6) three governors who shall be the members of the
medical staff prescribed by the regulations under
R.s^o. I960, The Public Hospitals Act.
1946, c. 145, (3) Clause d of subsection 3 of the said section 10, as
s. 10
(1955, re-enacted by section 1 of The City of Windsor Act, 1955, is
s." 1) siibs. 3, amended by striking out "two" in the first line and inserting
amended in Heu thereof "three", so that the clause shall read as follows:
{d) three additional governors to be appointed by the
governors appointed under clauses a to c.
1946, c. 145, 3, Subsection 3 of section 12 of The City of Windsor Act,
(1955.0.119. 1946, as re-enacted by section 2 of The City of Windsor Act,
repealed 1955 and amended by section 1 of The City of Windsor Act,
1958, is repealed.
^ommence- 4, — (1) This Act, except section 1, comes into force on the
day it receives Royal Assent.
Idem (2) Section 1 shall be deemed to have come into force on
the 1st day of January, 1969.
Short title 5, xhjg Act may be cited as The City of Windsor Act,
1968-69.
Pr33
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BILL Pr33
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Windsor
Mr. Newman (Windsor-Walkerville)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr33 1968-69
An Act respecting the City of Windsor
WHEREAS The Corporation of the City of Windsor, Preamble
herein called the Corporation, by its petition has prayed
for special legislation in respect of the matters hereinafter
set forth; and whereas it is expedient to grant the prayer
of the petition;
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 section "drainage works" and "construe- int^rpre-
tion" mean drainage works and construction as defined in 1962-63.
The Drainage Act, 1962-63. °- ^^
(2) Where the council of the Corporation deems it ex- ^^JJ^*'""^'
pedient to undertake the construction, repair or improve- repair or
r 1 • 1 • 1 /->• r ITT- improve-
ment of any dramage works m the City of Wmdsor or any ment of
• • • • clr3(in3iGr6
defined area thereof, in accordance with the provisions of works
The Drainage Act, 1962-63, it may, notwithstanding that Act,
by by-law provide that the whole or such part, as the by-law
may determine, of the cost of such construction, repair or
improvement shall be charged and collected by a special rate
sufficient therefor levied upon all the rateable property in
the City of Windsor or in any such defined area.
(3) No by-law passed under this section shall be repealed, by.^aw °*^
prohibited
2.— (1) Subsection 2 of section 10 of The City of Windsor l^^'J^^^^^i
Act, 1946, as re-enacted by section 1 of The City of Mw^Z^or (i^^s, c. ii9,
Act, 1955, is repealed and the following substituted therefor: re-enacted
(2) The management, control and maintenance of the ^g^jfj.^^®^-^.
Hospital and the custody of all real and personal of Hospital
property belonging to or used in connection there-
with shall be vested in a board of thirteen governors.
Pr33
8^io'subs*^3 (^^ Clause h of subsection 3 of the said section 10, as re-
ci. &.' ' enacted by subsection 2 of section 1 of The City of Windsor
c. 174, s.'i. Act, 1961-62, is amended by striking out "two" in the first
amended line and inserting in lieu thereof "three", so that the clause
shall read as follows:
(&) three governors who shall be the members of the
medical staff prescribed by the regulations under
R.s^o. I960. The Public Hospitals Act.
1946, c. 145, (3) Clause d of subsection 3 of the said section 10, as
(1955, re-enacted by section 1 of The City of Windsor Act, 1955, is
8.' 1) subs, 3, amended by striking out "two" in the first line and inserting
amended i" licu thereof "three", so that the clause shall read as follows:
{d) three additional governors to be appointed by the
governors appointed under clauses a to c.
1946, c. 145, 3. Subsection 3 of section 12 of The City of Windsor Act,
s 12 SUDS 3 -^ •/ '
(1955, c. 119, 1946, as re-enacted by section 2 of The City of Windsor Act,
repealed 1955 and amended by section 1 of The City of Windsor Act,
1958, is repealed.
^^mmence- 4, — (1) This Act, except section 1, comes into force on the
day it receives Royal Assent.
Idem (2) Section 1 shall be deemed to have come into force on
the 1st day of January, 1969.
Short title 5. This Act may be cited as The City of Windsor Act,
1968-69.
Pr33
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BILL Pr34
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the Town of Mississauga
Mr. Kennedy
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
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iij-rii*! r 1 'i/.A
BILL Pr34 1968-69
An Act respecting the Town of Mississauga
WHEREAS The Corporation of the Town of Mississauga Preamble
in the County of Peel by its petition has prayed for
special legislation in respect of the matters hereinafter set
forth; and whereas it is expedient to grant the prayer of the
petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding The Municipal Franchises Act, the s^y-^aws^^
council of The Corporation of the Town of Mississauga may
pass by-laws pursuant to paragraph 88 of subsection 1 of
section 379 of The Municipal Act without the assent of the cc. 255, 249 '
municipal electors.
2. This Act comes into force on the day it receives Royal ^ent^®"^*^®"
Assent.
3. This Act may be cited as The Town of Mississauga ^^°''* *^*^®
Act, 1968-69.
Pr34
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BILL Pr34
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the Town of Mississauga
Mr. Kennedy
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
&^i.lf:
!U ii''^''i:?l :mj ji!^r\J-J:'J\lAy
BILL Pr34 1968-69
An Act respecting the Town of Mississauga
WHEREAS The Corporation of the Town of Mississauga Preamble
in the County of Peel by its petition has prayed for
special legislation in respect of the matters hereinafter set
forth; and whereas it is expedient to grant the prayer of the
petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding The Municipal Franchises Act, the ^y^-^^^^^^j
council of The Corporation of the Town of Mississauga may
pass by-laws pursuant to paragraph 88 of subsection 1 of
section 379 of The Municipal Act without the assent of the cc. 255, 249 '
municipal electors. -
i3
pt) 2. This Act comes into force on the day it receives Royal ^ent"*'^°*
Assent.
3. This Act may be cited as The Town of Mississauga ^^°^^ titi«
Act, 1968-69.
Pr34
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BILL Pr35
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the University of Windsor
Mr. Peacock
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr35 1968-69
An Act respecting the University of Windsor
WHEREAS the University of Windsor by its petition Preamble
has prayed for special legislation in respect of the
matters hereinafter set forth; and whereas it is expedient to
grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Section 5 of The University of Windsor Act, 1962-63 is^^^l^^^g-
amended by striking out "but such management and control amended
shall be based upon Christian principles", in the fifth and
sixth lines so that the section shall read as follows:
5. The management and control of the University Board
shall be vested in a non-denominational board of nominationai
governors, and no religious test shall be required of
any professor, lecturer, teacher, officer, employee,
servant or student of the University.
2. Section 18 of The University of Windsor Act, 1962-63 ^^^^-^^^ ^^
is repealed and the following substituted therefor: re-enacted
18. The Board shall be constituted as follows: of°thr^'*'°''
Board
1. The President of the University, ex officio.
2. Six persons appointed by the Board of
Governors of Assumption University.
3. Two persons appointed by the Alumni Asso-
ciation from among its own number.
4. Four persons appointed by the Lieutenant
Governor in Council.
5. Four members of the teaching staff elected
by and from the members of the Senate.
Pr35
6. Fifteen other persons to be elected by the
Board.
1962-63,
a. 194, s. 19,
subs. 1,
re-enacted
Term of
office of
members
3. Subsection 1 of section 19 of The University of Windsor
Act, 1962-63 is repealed and the following substituted therefor:
(1) The term of office of each member of the Board
except the President, shall be three years and no
member shall be eligible to serve more than three
successive terms, provided that a person whose term
of office has not been renewed shall be eligible for
re-election or reappointment to the Board following
the expiration of three years after his last member-
ship on the Board.
1962-63,
o. 194, s. 20,
re-enacted
4. Section 20 of The University of Windsor Act, 1962-63
is repealed and the following substituted therefor:
Terms of
office
20. Notwithstanding subsection 1 of section 19, a person
who is elected or appointed to fill a vacancy in the
Board caused by the death, resignation or otherwise
of a member shall serve until the expiry of the term
of office of his predecessor, at which time he shall be
eligible for re-election or reappointment for three
successive terms.
c^i94^^8 25 ^* — (^) Paragraph 1 of section 25 of The University of
par. i; Windsor Act, 1962-63 is repealed and the following sub-
re-enacted . 1 , r
stituted therefor:
1. The President, the Vice-President, the deans and
vice-deans of each faculty within the University,
the director of each autonomous school within the
University, the academic heads of colleges affiliated
or federated with the University, the Executive
Director of Student AfTairs, the Director of Ex-
tension, the Librarian and the Registrar of the
University, ex officio.
1962-63,
par.^l; ^* ^^' (2) Paragraph 2 of the said section 25 is repealed.
repealed
c^i94^^8 25 (^) Paragraphs 3 and 4 of the said section 25 are repealed
pars, 3, 4 and the following substituted therefor:
re-enacted °
3. Thirty members of the teaching staff of the Uni-
versity, for such terms and upon such conditions
as the Senate may by by-law determine.
4. One member to be appointed for a term of three
years by the Alumni Association from among the
Pr35
graduates, provided that no person so appointed
shall be eligible to serve more than two successive
terms.
4a. Four students of the University to be elected or
appointed in such manner as the students of the
University may from time to time determine, pro-
vided that at least one of such students shall be a
graduate student.
6. — (1) Subsection 1 of section 26 of The University ofl^^^'^^^ ge
Windsor Act, 1962-63 is repealed and the following substi- subs, i,
^ ° re-enacted
tuted therefor:
(1) Except as otherwise provided, the manner of elec- 1^®^*^°"^ *"^
tion and appointment to the Senate and the terms of term of
office of the members thereof shall be as the Senate
may by by-law determine.
1962-63,
(2) Subsection 4 of the said section 26 is repealed. subs.^if ' ^^'
i-e pealed
7. — (1) The membership of the Board, as constituted when ^®^|®^s^ip
this Act comes into force, and the respective terms of office confirmed
of each of such members, are hereby confirmed and subsection
1 of section 19 of The University of Windsor Act, 1962-63, l^\lf^'
as re-enacted by section 3 of this Act, shall be deemed to have
been applicable to such members as if the said subsection
had been in full force and effect, as so re-enacted, on the
19th day of December, 1962.
(2) Notwithstanding subsection 1 of section 19 of ?'^«^Se?s°^
University of Windsor Act, 1962-63, as re-enacted by section 3 of Board
of this Act, on the first election of members of the Board
under paragraph 5 of section 18 of The University of Windsor
Act, 1962-63, as re-enacted by section 2 of this Act,
(a) one member, to be determined by the members of
the Senate, shall hold office for an initial term ex-
piring on the date of the annual meeting of the Board
next following;
{b) one member, to be determined by the members of
the Senate, shall hold office for an initial term ex-
piring on the date of the second annual meeting of
the Board next following his election; and
(c) each of the remaining two members shall hold office
for an initial term expiring on the date of the third
annual meeting of the Board next following his
election,
Pr35
and on the expiry of the initial term of any such member,
the vacancy shall be filled in the manner prescribed and the
successor shall serve a term of three years and thereafter from
time to time, provided that any such member who ceases to
be a member of the teaching staff shall forthwith cease to be
a member of the Board.
meSf"^"*'^ 8. This Act comes into force on the day it receives Royal
Assent.
Short title 9, This Act may be cited as The University of Windsor
Act, 1968-69.
Pr35
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BILL Pr35
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the University of Windsor
Mr. Peacock
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
BILL Pr35 1968-69
An Act respecting the University of Windsor
WHEREAS the University of Windsor by its petition Preamble
has prayed for special legislation in respect of the
matters hereinafter set forth; and whereas it is expedient to
grant the prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Section 5 of The University of Windsor Act, 1962-63 is^^^^-^e^- ^
,,,.,. Ill 1 °- ^^'^> 8. 5,
amended by strikmg out but such management and control amended
shall be based upon Christian principles", in the fifth and
sixth lines so that the section shall read as follows:
5. The management and control of the University Board
1 11 i_ 1 • • • 1 1 ■' non-de-
shall be vested m a non-denommational board of nominationai
governors, and no religious test shall be required of
any professor, lecturer, teacher, officer, employee,
servant or student of the University.
2. Section 18 of l^he University of Windsor Act, 1962-63 l^\lf^^ ^^
is repealed and the following substituted therefor: re-enacted
18. The Board shall be constituted as follows: of't'Sr^'*'*'''
Board
1. The President of the University, ex officio.
2. Six persons appointed by the Board of
Governors of Assumption University.
3. Two persons appointed by the Alumni Asso-
ciation from among its own number.
4. Four persons appointed by the Lieutenant
Governor in Council.
5. Four members of the teaching staff elected
by and from the members of the Senate.
Pr35
6. Fifteen other persons to be elected by the
Board.
1962-63, 3. Subsection 1 of section 19 of The University of Windsor
subs, i, ' 'Act, 1962-63 is repealed and the following substituted therefor:
re-enacted
Term of (J) xhe term of office of each member of the Board
office of ^ ^
members except the President, shall be three years and no
member shall be eligible to serve more than three
successive terms, provided that a person whose term
of office has not been renewed shall be eligible for
re-election or reappointment to the Board following
the expiration of three years after his last member-
ship on the Board.
1962-^63^, ^^ 4, Section 20 of The University of Windsor Act, 1962-63
re-enacted is repealed and the following substituted therefor:
Terms of 20. Notwithstanding subsection 1 of section 19, a person
who is elected or appointed to fill a vacancy in the
Board caused by the death, resignation or otherwise
of a member shall serve until the expiry of the term
of office of his predecessor, at which time he shall be
eligible for re-election or reappointment for three
successive terms.
o^i94^^s 25 ^* — (^) Paragraph 1 of section 25 of The University of
par. i! ' Windsor Act, 1962-63 is repealed and the following sub-
re-enacted . , 1 ,1 r
stituted therefor:
1. The President, the Vice-President, the deans and
vice-deans of each faculty within the University,
the director of each autonomous school within the
University, the academic heads of colleges affiliated
or federated with the University, the Executive
Director of Student Affairs, the Director of Ex-
tension, the Librarian and the Registrar of the
University, ex officio.
1962-63,
par^l' ^' ^^' (2) Paragraph 2 of the said section 25 is repealed,
repealed
1962-^63^, ^^ (3) Paragraphs 3 and 4 of the said section 25 are repealed
pars. 3, 4, ' and the following substituted therefor:
re-enacted
3. Thirty members of the teaching staff of the Uni-
versity, for such terms and upon such conditions
as the Senate may by by-law determine.
4. One member to be appointed for a term of three
years by the Alumni Association from among the
Pr35
graduates, provided that no person so appointed
shall be eligible to serve more than two successive
terms.
4a. Four students of the University to be elected or
appointed in such manner as the students of the
University may from time to time determine, pro-
vided that at least one of such students shall be a
graduate student.
6. — (1) Subsection 1 of section 26 of The University o/ 1962-63
c. 194. S. 26,
Windsor Act, 1962-63 is repealed and the following substi-subs. i,
tuted therefor:
re-enacted
(1) Except as otherwise provided, the manner of elec- |^ection to
tion and appointment to the Senate and the terms of term of
office of the members thereof shall be as the Senate
may by by-law determine.
1962-63,
(2) Subsection 4 of the said section 26 is repealed. subs*4^" ^^'
repealed
7. — (1) The membership of the Board, as constituted when opBoard^"^'"
this Act comes into force, and the respective terms of office confirmed
of each of such members, are hereby confirmed and subsection
1 of section 19 of The University of Windsor Act, 1962-63,1^11'^^'
as re-enacted by section 3 of this Act, shall be deemed to have
been applicable to such members as if the said subsection
had been in full force and effect, as so re-enacted, on the
19th day of December, 1962.
(2) Notwithstanding subsection 1 of section 19 of y^^g Election of
Tj . . . . members
University of Windsor Act, 1962-63, as re-enacted by section 3 of Board
of this Act, on the first election of members of the Board
under paragraph 5 of section 18 of The University of Windsor
Act, 1962-63, as re-enacted by section 2 of this Act,
(a) one member, to be determined bj' the members of
the Senate, shall hold office for an initial term ex-
piring on the date of the annual meeting of the Board
next following;
(b) one member, to be determined by the members of
the Senate, shall hold office for an initial term ex-
piring on the date of the second annual meeting of
the Board next following his election; and
(c) each of the remaining two members shall hold office
for an initial term expiring on the date of the third
annual meeting of the Board next following his
election,
Pr35
and on the expiry of the initial term of any such member,
the vacancy shall be filled in the manner prescribed and the
successor shall serve a term of three years and thereafter from
time to time, provided that any such member who ceases to
be a member of the teaching staff shall forthwith cease to be
a member of the Board.
ment"^^"^^" 8. This Act comes into force on the day it receives Royal
Assent.
Short title 9^ This Act may be cited as The University of Windsor
Act, 1968-69.
Pr35
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BILL Pr36
2nd Session, 28th Legislature, Ontario
18 Elizabeth II, 1968-69
An Act respecting the City of Ottawa
Mr. Lawrence (Carleton East)
(Private Bill)
TORONTO
Printed and Published by Frank Fogg, Queen's Printer
^l-^n J' t
i'w'o.-i ,li Hi
ffrrr,Tii}^o•Oi^ *^df tjiahmqmi loA «/
r;>v. ;i:-j i.' j a .•::
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1 :■•• > v=) ,
BILL Pr36 1968-69
An Act respecting the City of Ottawa
WHEREAS The Corporation of the City of Ottawa, Preamble
herein called the Corporation, by its petition has
prayed for special legislation in respect of the matters herein-
after set forth; and whereas it is expedient to grant the
prayer of the petition ;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario, enacts
as follows:
1. Notwithstanding subsection 4 of section 30 and para- j^^^g^^.
graph 24 of subsection 1 of section 31 of The Planning, ^c^, flcatesof
and subject to subsection 7 of section 30 of that Act, the etc.,
• I f ^, ^ . , , authorized
council ot the Corporation may pass a by-law, r.s.o. i960
j o.'296'
{a) for requiring a person who erects, alters or repairs
a building or structure or causes a building or
structure to be erected, altered or repaired to obtain
a certificate of compliance, use and occupancy from
the architect in charge of building inspection of the
Corporation ;
{b) for prohibiting the use or occupancy of any such
building or structure by any such person or by any
other person until a certificate referred to in clause a
has been obtained ;
{c) for regulating the issue of such certificates; and
{d) for prescribing fees for the issue of such certificates.
2. This Act comes into force on the day it receives Royal commence-
■' ■' ment
Assent.
3. This Act may be cited as The City of Ottawa ^c/, short title
1968-69 {No. 2).
Pr36
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