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'^ 


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Birth  Defects  Institute  Act,  1968-69  (Withdrawn) 37 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. 


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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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00 


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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. 


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 


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, 


Pr5 


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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. 

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. 


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. 


Pr6 


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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. 


Pr7 


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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. 


Pr8 


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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. 


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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? 


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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 


'h-'-- 


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. 


Prl6 


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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. 


Prl9 


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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). 


Pr20 


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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). 


Pr20 


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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). 


Pr20 


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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. 


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 


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. 


Pr23 


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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. 


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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. 


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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. 


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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: 


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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. 


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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 


^.iH  jjia 


U.  1o  nwoT  *>fli  ^mlo^qa^r  13A  I^ 


V(?>!>'v</r>l',.M  1/ 


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. 


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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  .•:: 


r,  y  ■:  ■  ■  9  o 
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). 


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