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LEGISLATIVE ASSEMBLY

OF ONTARIO

FOURTH SESSION
THIRTY-FIRST PARLIAMENT

BILLS

AS INTRODUCED IN THE HOUSE

TOGETHER WITH
REPRINTS AND THIRD READINGS

SESSION

MARCH 11th to JUNE 19th, 1980

AND

OCTOBER 6th to DECEMBER 12th, 1980

INDEX

FOURTH SESSION
THIRTY-FIRST PARLIAMENT

PUBLIC BILLS (GOVERNMENT)

Assessment Act— Act to amend 185

Beef Cattle Marketing Act— Act to amend 152

Boundaries Act— Act to revise 138

Brantford-Brant Annexation Act, 1980 120

Business Corporations Act— Act to revise 229

Child Welfare Act, 1978— Act to provide for

the Validation of Certain Adoption Orders

made under 171

Children's Law Reform Act, 1977— Act to amend 1^0

Chiropody Act— Act to amend 167

Cochrane, Local Government in the District of

—Act respecting (Lapsed) 226

Corporations Tax Act, 1972— Act to amend 53

Credit Unions and Caisses Populaires Act, 1976

and to provide additional powers in certain

other Acts with respect to Credit Unions and

Caisses Populaires— Act to amend 31

Dangerous Goods Transportation Act, 1980 189

Degrees, Granting of— Act to regulate 4

Denture Therapists Act, 1974— Act to amend 205

Devolution of Estates Act— Act to amend 210

District Municipality of Muskoka Act

—Act to amend 69

Dog Licensing and Live Stock and Poultry

Protection Act— Act to amend 183

Dogs—Act to provide for Liability for Injuries

caused by 169

Drainage Act, 1 975-- Act to amend 2

Durham Municipal Hydro-Electric Service

Act, 1979— Act to amend 6

Education Act, 197^-- Act to amend 82

Elevating Devices Act, 1980 3^

Employment Standards Act, 197^-- Act to

amend (Lapsed) 191

Environment— Act to amend certain Acts

respecting (Lapsed) 228

Environmental Protection Act, 1971— Act

to amend (Lapsed) 22^

Executive Council Act— Act to amend ^3

Executive Council Act— Act to amend 20^

Farm Products Payments Act— Act to amend 216

Fire Marshals Act— Act to amend 1^1

Game and Fish Act— Act to amend 59

Gasoline Tax Act, 1973— Act to amend 5^

Gloucester into a City Municipality

—Act to erect the Township of 170

Hamilton-Wentworth— Act to provide for

Municipal Hydro-Electric Service in The

Regional Municipality of 93

Highway Traffic Act— Act to amend 65

Highway Traffic Act— Act to amend 188

Human Rights in Ontario— Act to revise and

extend Protection of 209

Income Tax Act— Act to amend 55

Insurance Act— Act to amend 16^

Juries Act, 197^— Act to amend 168

Labour Relations Act— Act to amend 73

Labour Relations Act— Act to amend 89

Land Titles Act— Act to amend 136

Legislative Assembly Act— Act to amend ^2

Legislative Assembly Act— Act to amend 201

Libel and Slander Act—Act to amend 1

Limited Partnerships Act— Act to revise 85

Live Stock and Live Stock Products Act

—Act to amend 26

Metropolitan Police Force Complaints

Project Act, 1980 k7

Mineral Resources in Ontario— Act to provide

Incentives for the Exploration of 50

Mining Act— Act to amend 221

Motor Vehicle Accident Claims Act— Act to

amend 165

Municipal Act— Act to amend ^6

Municipal Act— Act to amend 193

Municipal Affairs Act— Act to amend , 172

Municipal Elections Act, 1977— Act to amend 71

Municipality of Metropolitan Toronto Act

—Act to amend (Lapsed) 5

—Act to amend 76

—Act to amend 119

—Act to amend 182

Municipal Boundary and Boundary-related
Issues— Act to facilitate the Negotiation

and Resolution of (Lapsed) 197

Non-resident Interests in Agricultural Land in

Ontario— Act to require the Registration of 60

Occupiers' Liability— Act respecting • . . 202

Ontario Unconditional Grants Act, 1975

—Act to amend 199

Ottawa-Carleton~Act to provide for Municipal

Hydro-Electric Service in certain area

municipalities in The Regional Municipality

of 92

Oxford Act, 197^-- Act to amend the County of 74

Pension Benefits Act— Act to amend 214

Pensioners in Ontario— Act to provide

Property Tax Assistance for 48

Pits and Quarries Control Act, 1971

—Act to revise 127

Police Village of St. George— Act respecting 122

Public Transportation and Highway Improvement

Act— Act to amend 33

Public Vehicles Act— Act to amend 129

Railway Fire Charge Act— Act to repeal 38

Raising of Money on the Credit of the

Consolidated Revenue Fund— Act to

authorize the 49

Regional Municipalities—Act to amend

certain Acts respecting 81

Regional Municipality of Ottawa-Carleton

Act— Act to amend 75

Regional Municipality of Ottawa-Carleton

—Act to vest Certain Lands in 121

Regional Municipality of Peel Act, 1973

—Act to amend 200

Registered Insurance Brokers of Ontario

—Act respecting 118

Registry Act— Act to amend 137

Retail Sales Tax Act— Act to amend 52

Retail Sales Tax Act— Act to amend 187

Sheep and Wool— Act respecting the

Marketing of 184

Shoreline Property Assistance Act, 1973

—Act to amend 139

Small Business Development Corporations Act,

1979— Act to amend 31

Succession Duty Supplementary Provisions

Act, 1980 ." 62

Sudbury~Act to provide for Municipal Hydro-
Electric Service in the City of 175

Supply Act, 1980 58

Supply Act, 1980 . . 231

Telephone Act— Act to amend 32

Territorial Division Act— Act to amend 56

Tobacco Tax Act— Act to amend 61

Tom Longboat and the City of Toronto

—Act respecting ^5

Toronto Area Transit Operating Authority

Act, 197^— Act to amend 176

Toronto Hospitals Steam Corporation Act,

1968-69- Act to revise 192

Toronto Islands— Act to stay the Execution

of certain Writs of Possession issued

in respect of certain Premises on 181

Trespass to Property— Act to protect against 203

Urban Transportation Development Corporation

Ltd.— Act to amend 190

Warble Fly Control Act— Act to repeal 153

Welfare Units Act— Act to repeal 7

Wine Content Act, 1976— Act to amend 215

X-ray Machines in the Healing Arts—Act

to provide for the Safe Use of 177

NOTE; With the exception of Bill 15, An Act to amend
The Game and Fish Act, all Public Bills (Private
Members') lapsed.

PUBLIC BILLS (PRIVATE MEMBERS')

Age of Mandatory Retirement—Act respecting 11

Agricultural Land in Ontario—Act to provide for

Disclosure of Non-Resident Investment in 18

Amusement Rides in Ontario— Act respecting

the Licensing and Inspection of 159

Assessment Act— Act to amend 211

Automobile Insurance Rate Control Board

—Act to establish 21

Beer at the Canadian National Exhibition

Stadium— Act respecting the Sale of 41

Bruce County Board of Education and Teachers

Dispute— Act respecting 186

Business Practices Act, 1974— Act to amend ....... 28

Citizens' Complaints concerning Police Conduct

in The Municipality of Metropolitan Toronto

—Act to provide a Procedure for Reviewing 11

Class Actions— Act to provide for 30

Compensation for Victims of Crime Act, 1971

—Act to amend 27

Condominium Act, 1978— Act to amend 70

Condominium Act, 1978— Act to amend 143

Consumer Protection Act— Act to amend 9

Consumer Protection Act— Act to amend 22

Crown Employees Collective Bargaining Act,

1972— Act to amend 101

Cults and Mind Development Groups— Act to

monitor and regulate the activities of 12

Dangerous Plants in Ontario—Act respecting

the Sale of 72

Disabled Persons— Act to provide for the

Employment of 104

Education Act, 197^-- Act to amend 36

Education Act, 197^-- Act to amend 173

Education Act, 1974— Act to amend 179

Election Public Opinion Polls-- Act respecting 29

Emergency Medical and First Aid Services—Act

to relieve Persons from Liability in respect

of voluntary 13

Employment Standards Act, 1974— Act to amend 3

Employment Standards Act, 1974— Act to amend 66

Employment Standards Act, 1974— Act to amend 105

Employment Standards Act, 1974— Act to amend 107

Employment Standards Act, 1974— Act to amend 108

Employment Standards Act, 1974— Act to amend 109

Employment Standards Act, 1974— Act to amend 110

Employment Standards Act, 1974— Act to amend 112

Employment Standards Act, 1974— Act to amend 114

Employment Standards Act, 1974— Act to amend 115

Employment Standards Act, 1974— Act to amend 116

Employment Standards Act, 1974— Act to amend 154

Employment Standards Act, 1974— Act to amend 206

Employment Standards Act, 1974— Act to declare

the Application of certain Parts of \ 'ft ^^^

Environmental Assessment Act, 1975— Act to "^''*1^

amend -pr ^ 223

Environmental Magna Carta for Ontario— Act to

establish 91

Environmental Protection Act, 1971— Act to amend .... 67

Fair Pricing of Products and Services sold

to Consumers in Ontario— Act to provide for 19

Family Benefits Act— Act to amend 80

Farm Products Marketing Act— Act to amend 23

Fire Departments Act— Act to amend 220

Foodlands— Act to provide for the Designation

and Retention of 142

Forests in Ontario— Act to ensure the Regeneration ,^ ^ .

and Reforestation of j3-'> ^^^

Full Employment in the Ontario Economy

—Act respecting 155

Funeral Services Act, 1976— Act to amend 125

Funeral Services Act, 1976— Act to amend 126

Funeral Services Act, 1976— Act to amend 128

Game and Fish Act-- Act to amend 13

Go-Cart Tracks—Act to license and regulate 95

Health Disciplines Act, 197^-- Act to amend 1^9

Highway Traffic Act— Act to amend 217

Highway Traffic Act—Act to amend 230

Inco Limited— Act to acquire the Assets of ^^

Innocent Persons from Untimely Publicity

—Act to protect the Reputation of (Withdrawn) .... 68

—Act to protect the Reputation of 178

Insured Services under the Ontario Health

Insurance Plan— Act respecting 40

Insured Services under the Ontario Health

Insurance Plan— Act respecting 227

Judicature Act— Act to amend 131

Juries Act, 1974— Act to amend 148

Labour Relations Act— Act to amend 24

Labour Relations Act— Act to amend 96

Labour Relations Act— Act to amend 97

Labour Relations Act— Act to amend 98

Labour Relations Act— Act to amend 99

Labour Relations Act— Act to amend 100

Labour Relations Act— Act to amend 103

Labour Relations Act— Act to amend Ill

Labour Relations Act— Act to amend 113

Labour Relations Act— Act to amend 117

Labour Relations Act— Act to amend 160

Law Society Act— Act to amend 87

Legislative Assembly Act— Act to amend 88

Liquor Control Act, 1975— Act to amend 37

Ministry of the Environment Act— Act to amend 162

Mortgage Payments for Persons affected by

an Interruption of Employment— Act to

provide for a Moratorium on 196

Mortgagors of Residential Property in Ontario

—Act to provide Temporary Relief to 10

Motor Vehicles in Ontario— Act respecting

the Sale and Repair of 17^

Municipal Act— Act to amend 8^

Municipal Act— Act to amend 14^

Municipality of Metropolitan Toronto Act

—Act to amend 57

Municipal Elections Act, 1977— Act to amend 213

Niagara Escarpment Planning and Development

Act, 1973— Act to amend 63

Niagara Escarpment Planning and Development

Act, 1973— Act to amend 6^

Non-Resident Agricultural Land Interests

Registration Act, 1980— Act to amend 166

Non-Unionized Workers— Act respecting the

Rights of 1^

Norfolk Board of Education and Teachers

Dispute— Act respecting 180

Nursing Homes Act, 1972— Act to amend 218

Ontario Heritage Act, 1974— Act to amend 161

Ontario Housing Corporation Act— Act to amend 151

Ontario Human Rights Code— Act to amend. 8

Ontario Human Rights Code— Act to amend 83

Ontario Waste Disposal and Reclamation

Commission— Act to establish 16

Ontario Water Resources Act— Act to amend 39

Ontario Wilderness Guides Association— Act

respecting 7S

Parking Facilities for Physically Handicapped

Persons-- Act to provide 130

Plant Closings in Ontario— Act respecting 158

Political Rights for Public Servants—Act to

provide 106

Professional Fund-raising Corporations— Act

to control 90

Provincial Offences Act, 1979— Act to amend 86

Public Advocate in Ontario— Act to provide for 20

Public Vehicles Act— Act to amend 222

"Queen's Park"— Act respecting the Use of
Expression

Regional Municipality of Ottawa-Carleton

Act— Act to amend 13^

Rent Deposits in Ontario— Act respecting 17

Representation in the Legislative Assembly

of Ontario— Act respecting 219

Rescue Services in Ontario— Act to provide for 123

Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act
Residential Tenancies Act

1979— Act to amend 12^

1979— Act to amend 132

1979— Act to amend 133

1979— Act to amend 135

1979— Act to amend B6

1979— Act to amend 1^7

1979— Act to amend 194

1979— Act to amend 195

1979— Act to amend 198

1979— Act to amend 207

1979— Act to amend 208

1979— Act to amend 212

Road Access Act, 1978— Act to amend

150

Security of Employment in Ontario— Act respecting
Succession to Estates of Deceased Persons in
Ontario who have Beneficiaries residing in
Designated Countries— Act respecting ....

156

225

Tax Incentive Costs-Act respecting the
Disclosure of . . .

Upper Ottawa Street Landfill Site to be an

Environmental Disaster-Act to declare 163

Wild Animal and Reptile Sanctuaries- Act to

license and regulate

Women in Ontario- Act respecting Economic •*••*••

Equality for

Workmen's Compensation Act-Act to amend .' 25

PRIVATE BILLS

Basin-3ib Mines Limited— Act to revive Prl

Bran tf or d, City of --Act respecting Prll

Brantford, City of— Act respecting Pr26

Can-Con Enterprises and Explorations Limited

—Act to revive Prl 3

Canadian School of Management — Act respecting Pr3i

Crossroads Christian Communications Incorporated

—Act respecting Pr22

Christian Reformed Church of Wallaceburg

—Act to revive Pr2

Co-operative Health Services of Ontario— Act

respecting Prl 6

Cumberland, Township of and the Township of

Gloucester— Act respecting PrlO

Etobicoke, Borough of— Act respecting Pr3

Etobicoke, Borough of— Act respecting Pr38

Fargo Disposal Company Limited— Act to revive Pr20

Golden Hope Mines Limited— Act to revive Prl5

Gothic Mines <5c Oils Limited— Act to revive Prl 2

Gould's Drug Store Limited— Act to revive Pr33

Gradore Mines Limited— Act to revive Pr^9

Grimsby, Town of— Act respecting Pr29

Hamilton, City of— Act respecting Pr27

Hamilton, City of— Act respecting. Pr30

Hamilton Club— Act respecting Pr51

Hamilton Foundation— Act respecting Pr25

Institute of Chartered Secretaries and

Administrators in Ontario— Act respecting Pr^l

Italian Canadian Benevolent Corporation

(Toronto District)--Act respecting Pr^2

Jewish Family and Child Service of Metropolitan

Toronto— Act respecting the Powers of Pr^5

John Madronich Limited— Act to revive Pr9

Kingston, City of— Act respecting Pr50

Knox Presbyterian Church, Ottawa—Act to

incorporate Pr23

London, City of— Act respecting Pr21

McColl Farms Limited— Act to revive Pr53

Midland, Town of— Act respecting Pr36

Midland Young Men's Christian Association

—Act respecting Pr^

Milani Lathing Limited— Act to revive Pr3

Mississauga, City of— Act respecting Pr32

Montreal Trust Company and Montreal Trust

Company of Canada— Act respecting Pr7

North York, City of— Act respecting Pr37

Orillia, City of— Act respecting (Lapsed) Pr32

Ottawa, City of— Act respecting Prl8

Ottawa, City of— Act respecting Pr39

Redeemer Reformed Christian College—Act

to incorporate Pr48

Sault Ste. Marie, City of— Act respecting Pr28

Scarborough, Borough of— Act respecting Pr2^

Shuter, Mary Agnes— Act respecting the

Estate of Pr33

Sioux Petroleums, Limited— Act to revive (Lapsed) .... Pr^7

St. Catharines, City of— Act respecting Pr8

Stratford, City of— Act respecting Prl9

Theatre Passe Muraille— Act to revive Pr3^

Toronto, City of— Act respecting Prl^

Toronto, City of— Act respecting (Lapsed) Pr^^

Windsor, City of— Act respecting Prl7

Y
York, Borough of— Act respecting Pr^6

BILL 156 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act respecting the Security
of Employment in Ontario

Mr. Davidson

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

Explanatory Note

The Bill establishes measures designed to protect the security of employment
in Ontario. Part I of the Bill provides for the establishment of a Job Protection
Board. The Job Protection Board is required to study, and report upon and make
recommendations concerning lay-offs and plant closings that are of major signifi-
cance. The Minister of Labour is given authority to make orders designed to reduce
the impact of layoffs and plant closings on individual employees and communities.
Part II of the Bill establishes a Community Adjustment Fund for the purpose of
providing assistance to communities that are detrimentally affected by lay-offs and
plant closings. Part III of the Bill contains amendments to The Employment
Standards Act, 1974 and to The Labour Relations Act. These amendments are
designed to provide employees with additional rights regarding notice of termina-
tion, termination pay, rehiring rights and relocation rights. Part IV of the Bill
contains amendments to The Pension Benefits Act. These amendments reduce the
vesting period under pension plans to five years and establish a Central Pension
Agency to administer the pension credits of employees whose pension plan is
terminated or wound up.

BILL 156 1980

An Act respecting
the Security of Employment in Ontario

WHEREAS it is public policy in Ontario to advance the economic ^''eambie
rights of citizens; and whereas layoffs and plant closings exact tre-
mendous economic and social costs on both the persons directly affected
and the communities in which they reside; and whereas action is urgently
needed to protect persons and communities and mitigate the effects of
layoffs and plant closings; and whereas in particular, immediate action is
required to provide minimum severance pay standards, pension protection
and certain job transfer rights for the workers affected;

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

1 . The purpose of this Act is to protect employees and communities Purpose
from the effects of unjustified layoffs and plant closures and to
establish pension, job transfer rights, and minimum severance pay
standards for all employees.

2. In this Act, interpre-

tation

(a) "Board" means the Job Protection Board;

(b) "Minister" means the Minister of Labour;

(c) "plant closing" includes the closing of part of a plant or
the closing of a product line in a plant that results in a
permanent loss of employment for twenty-five or more
employees.

PARTI

JOB PROTECTION

3. — (1) There is hereby established a Job Protection Board to be J^^
composed of five persons appointed by the Lieutenant Cover- Board
nor in Council.

Chairman

(2) The Lieutenant Governor in Council shall appoint one of the
members of the Board, who shall be a full-time member, as
chairman and may appoint one or more other such members as
vice-chairmen.

Member of
Board

(3) The Lieutenant Governor in Council shall appoint persons to
the Board who are representative of industry and labour.

Quorum

General
supervision

Registrar

Oaths,
affirmations

Objectives
of Board

Study of

plant

closings

Factors
to be
considered

(4) Three members of the Board, one of whom shall be the chair-
man or vice-chairman, constitute a quorum and may exercise
all the powers of the Board notwithstanding any vacancy in
the membership.

(5) The chairman shall have general supervision and direction
over the conduct of the affairs of the Board, and shall arrange
the sittings of the Board and assign members to conduct hear-
ings as circumstances require.

(6) The Lieutenant Governor in Council may appoint a Registrar
for the Board who shall perform such duties as are assigned to
him under this or any other Act or by the chairman of the
Board.

(7) The Registrar for the Board and every member of the Board
have power to administer oaths and affirmations for the pur-
pose of any of its proceedings.

4. The objectives of the Job Protection Board are to inquire into the
causes of intended layoffs and plant closings, to assess the social and
economic impact of such layoffs and plant closings on individual
employees and communities and to recommend specific actions
which are required in order to prevent or mitigate the harmful
effects of such layoffs and plant closings.

5. — (1) Where the Board determines that an intended layoff or plant
closing is of major significance, the Board shall forthwith
commence a study of the circumstances and the expected social
and economic impact of the intended layoff or plant closing
and through such study the Board shall,

(a) determine whether the ihtended layoff or plant closing is
or is not justified;

(b) where it is justified what specific remedy is required;

(c) where it is not justified, what action is required to pre-
vent the intended layoff or plant closing from taking
place.

(2) In making a determination under subsection 1 , the Board shall
have regard to the number of persons affected by the layoff or

plant closing, the economic importance of the industry to the
community and region in which it is located, and such other
factors as the Board considers to be appropriate.

(3) Where the Board commences a study under subsection 1 , the Hearing
Board shall fix the time and place for a hearing in the com-
munity affected by the layoff or plant closing for the purpose of
receiving representations from any person desiring to make
representations, and the Board shall publish notice thereof in

at least one newspaper having general circulation in the com-
munity as the Board considers appropriate.

(4) The Board shall adopt such rules of procedure for a hearing Rules of
under subsection 3 as the Board considers appropriate. ^

6. The Board may designate a person to make an investigation into investi-
any layoff or plant closing and the person so designated shall report ^^ '""
the result of his investigation to the Board and for the purposes of

the investigation, the person making it has all the powers of a
commission under Part II of The Public Inquiries Act, 1971 , which i97i, c. 49
Part applies to such investigation as if it were an inquiry under that
Act.

7. Where the Board conducts an inquiry, it shall complete its inquiry Report
into the plant closing or layoff and submit its report to the Minister cios^rTg"
at least ninety days before the closng date set out in the layoff notice
and, in its report, the Board shall set out,

(a) its findings regarding the circumstances of the plant
closing or layoff;

(b) its findings regarding the economic impact of the plant
closing or layoff on individual employees and the com-
munity;

(d) proposals to the Government for action designed to miti-
gate the harmful effect of the plant closing or layoff on
the employees and the community,

and the report, upon being submitted to the Minister, shall be made
available to any interested member of the public for examination.

8. — (1) The Minister, after considering the report of the Board, may ^l"'^**^^*"'^
make such order as the Minister considers reasonable in the
circumstances to reduce the impact of the layoffs or plant
closings on the individual employees and the <:ommunity and

Acquisition
of property

Order

Enforcement

L.G. in C.
may confirm,
vary, or
rescind
order

without limiting the generaUty of the foregoing, the Minister
may order,

(a) that the employer make additional contributions to the
pension plans of the employees;

(b) the continuation of payment by the employer of the
wages and benefits being received by the employees for a
specified period of time;

(c) that the employer defer the sale, removal or transporta-
tion of equipment, machinery, parts and inventory
owned by the employer;

(d) that the employer pay reasonable relocation costs to
displaced employees;

(e) that the employer participate in providing a skill train-
ing or retraining program for the employees;

(/■) that the employer make payments to the Community
Adjustment Fund;

(g) the employer to form Community Adjustment Com-
mittees;

(h ) that the employer make the plant available for sale;

(i) any other reasonable and appropriate remedy.

(2) The Minister may, with the approval of the Lieutenant Gov-
ernor in Council acquire on behalf of Her Majesty in right of
Ontario or authorize an agency of the Government of Ontario
to acquire all or part of the property of the employer for the
purpose of continuing the operation of the enterprise for the
benefit of the employees and the community.

(3) In an order under subsection 1 the Minister shall specify, if
possible, the amount to be paid by the employer under the
order and the employer is liable to pay that amount.

(4) Where an employer fails to comply with an order under sub-
section 1 the remedy specified in the order is enforceable in a
court of competent jurisdiction.

Upon the petition of any employer affected by an order under
section 8 filed with the Clerk of the Executive Council within
twenty-eight days after the date of the order, the Lieutenant Gover-
nor in Council may confirm, vary or rescind the whole or any part of
the order.

10. — (1) Every employer who, knowingly, Offences

(a) furnishes false information in an investigation under this
Act;

(b) fails to comply with an order under this Act; or

Act,

is guilty of an offence and on conviction is liable to a fine of not
more than $10,000 or to imprisonment for a term of not more
than one year, or to both.

(2) Where a corporation is convicted of an offence under subsec- Corporations
tion 1, the maximum penalty that may be imposed upon the
corporation is $100,000 and not as provided therein.

(3) Where a corporation has been convicted of an offence under Directors
subsection 1 , each director and officer of the corporation is a officers
party to the offence unless the director or officer satisfies the
court that he did not authorize, permit or acquiesce in the
offence.

PART II

COMMUNITY ADJUSTMENT FUND

1 1 . — (1) The Minister shall establish a fund, to be known as the Com- Community
munity Adjustment Fund, for the purpose of providing assis- Fund^ '"^"
tance to communities that are detrimentally affected by layoffs
or plant closings.

(2) Subject to the approval of the Lieutenant Governor in Coun- Regulations
cil, the Minister may make regulations respecting the estab-
lishment and administration of a Community Adjustment
Fund and, without limiting the generality of the foregoing,
may make regulations,

(a) respecting applications for assistance from the Fund;

(b) respecting entitlement to assistance from the Fund.

PART III

EMPLOYMENT STANDARDS ACT AMENDMENTS
LABOUR RELATIONS ACT AMENDMENTS

12. — (1) Subsections 1 and 2 of section 40 of The Employment Stan- ^ "^o^^- 2).

. J- ^ re-enacted

aaras Act, 1974, bemg chapter 112, is repealed and the fol-
lowing substituted therefor:

Lay-off
deemed to be
termination

(1) In this Part, an employer shall be deemed to have termi-
nated the employment of an employee when the employee has
been laid off from his employment for a period of more than
thirteen weeks in any period of more than twenty weeks.

Notice of
termination

(la) No employer shall terminate the employment of an
employee who has been employed for three months or more unless
he gives,

(a) four weeks notice in writing to the employee if his period
of employment is less than two years;

(b) eight weeks notice in writing to the employee if his
period of employment is two years or more but less than
five years;

(c) sixteen weeks notice in writing to the employee if his
period of employment is five years or more but less than
ten years; and

(d) twenty-six weeks notice in writing to the employee if his
period of employment is ten years or more.

Idem

(2) Notwithstanding subsection 1, no employer shall terminate
the employment of fifty or more employees in any period of four
weeks or less unless he gives twenty-six weeks notice in writing to
each employee and the Job Protection Board and such notice has
expired.

s. 40 (S),
re-enacted

(2) Subsection 5 of the said section 40 is repealed and the following
substituted therefor:

Employer to
co-operate
with
Minister

(5) Where an employer is required to give the notice referred to
in subsection 2 , he shall co-operate with the Minister in any action
or program intended to facilitate the re-establishment in employ-
ment of the employees whose employment is to be terminated.

s. 40 (7),
re-enacted

(3) Subsection 7 of the said section 40 is repealed and the following
substituted therefor:

Termination
pay

Calculation

(7) Where the employment of an employee is terminated under
subsection 1 or 2 the employer shall pay the employee termination
pay equal to the wages that the employee receives at his regular
rate for a regular non-overtime work week multiplied by the
number corresponding to the number of years of service that the
employee has earned in the employment.

(7a) For the purpose of subsection 7, a portion of a year served
by an employee shall be included in the calculation of termination
pay as a prorated amount.

{7b) Where the employment of an employee is terminated con- Where
trary to this section, the employer shall pay to employee termina- t^mhiSed"
tion pay in addition to termination pay under subsection 7 in an gg^jj^^"^ *°
amount equal to the wages that the employee would have been
entitled to receive at his regular rate for a regular non-overtime
work week for the period of notice prescribed by subsection 1 or 2 ,
and any wages to which he is entitled.

(4) The said Act is amended by adding thereto the following s 40a,
section:

40a. — (1) An employer who terminates the employment of Notice

of new

employees under subsection 2 of section 40 shall give reasonable positions
notice and a right of first refusal on the basis of seniority for at least
six month to these employees of new employment positions avail-
able at any plants or other locations owned or operated by the
employer in Ontario.

(2) Where an employee whose employment was terminated Employer to

, ,. r ■ ^• r <-i Offer new

under subsection 2 or section 40 applies for one of the new positions to
employment positions referred to in subsection 1 , the employer former

^ -^ ^ 7 1-^ employees

shall offer the position to the employee unless the employee lacks
the skills to perform the work or unless the employer offers the
position to a more qualified employee who is also an employee
terminated under subsection 2 of section 40.

(3) Where an employee is aggrieved by a decision under sub- Review
section 2, the employee may apply for a review of the decision by

the Job Protection Board established by The Job Security Act, i^so, c. . . .
1980, and the Board, upon completion of a hearing, may affirm
the decision of the employer or rescind that decision and require
the employer to offer the position to the aggrieved employee.

13. — (1) Subsection 1 of section 55 of The Labour Relations Act, being s ss (i),
chapter 232 of the Revised Statutes of Ontario, 1970, is
amended by inserting after "section" in the first line "and
section 5 5a".

(2) The said Act is further amended by adding thereto the follow- s ssa,

enacted

mg section:

55a. — (1) Where an employer relocates his business, the Relocation
employer is bound by determination, agreements and proceedings
made under this Act in respect of the business before the date of
the relocation until the Board otherwise declares, and the deter-
minations, agreements and proceedings shall continue in effect as
if no change has occurred except that the description of the bar-
gaining unit contained in the certificate or collective agreement is
deemed to be amended to include the new location.

Continuation

employment

(2) An employer shall provide reasonable notice to his
employees of any decision to relocate his business and the
employer shall perinit an employee affected thereby sixty days
from the date of the notice of relocation to accept employment at
the new location.

Exception

(3) Notwithstanding subsection 2 , an employer is not required
to continue the employment of an employee if the employer no
longer requires work to be performed in the new location of the
same nature as work performed by the employee in the former
location and the employer no longer requires the skills possessed
by the employee for any work performed at the new location.

Remedial
power of
Board

(4) Where a business has been relocated and a trade union or
council of trade unions was the bargaining agent of any of the
employees of the business in the former location or a trade union or
council of trade unions is the bargaining agent of the employees of
a similar business being carried on in the area of the new location,
and,

(a) any question arises concerning the application of this
section; or

(b) any person, trade union or council of trade unions claims
that, by virtue of the operation of subsection 1 , a conflict
exists between the bargaining rights of the trade union or
council of trade unions that was the bargaining agent of
the employees of the business in the former location and
a trade union or council of trade unions that represents
employees of a similar business being carried on in the
area of the new location,

the Board may, upon the application of any person, trade union or
council of trade unions concerned,

(c) define the composition of the bargaining unit for the
business in the new location and certify a trade unian or
council of trade unions as the bargaining agent of
employees in the bargaining unit; and

(d) amend, to such extent as the Board considers necessary,
any bargaining unit in any certificate issued to a trade
union or council of trade unions before the relocation or
any bargaining unit defined in any collective agreement
concluded before the relocation.

PART IV

PENSION BENEFITS ACT AMENDMENTS

14. — (1) Section 16 of The Pension Benefits Act, being chapter 342 of ^ ^^'
the Revised Statutes of Ontario, 1970, is repealed and the
following substituted therefor:

16. The Lieutenant Governor in Council may establish or ^^"*r^
designate an agency to be known as the Central Pension Agency Agency
for the purposes, among others, of receiving, holding, investing
and disbursing pension benefit credits under this Act.

(2) Clause a of subsection 1 of section 2 1 of the said Act is repealed * ^i (i) (a),
and the following substituted therefor:

(a) a member of the plan who has been in the service of the
employer for a continuous period of five years, or has
been a member of the plan for such period, is entitled,
upon termination of his employment prior to his attain-
ing retirement age, or upon termination of his member-
ship in the plan prior to his attaining retirement age, to a
deferred life annuity commencing at his normal retire-
ment age equal to the pension benefits (except benefits
provided by voluntary additional contributions) pro-
vided in respect of service as an employee in Ontario or
in a designated province,

(i) under the terms of the plan in respect of service
on or after the qualification date,

(ii) by an amendment to the terms of the plan made
on or after the qualification date, or

(iii) by the creation of a new pension plan on or after
the qualification date.

(3) The said Act is amended by adding thereto the following * ^^ft-
section:

256. Where a pension plan is terminated or wound up, the ^°"^'""?^'°"
employee may direct that the pension benefits to which he is or plan
entitled at the date of termination or winding up of the pension ^"""^ "p
plan be transferred to the Central Pension Agency or to another
pension plan in which he becomes a member.

(4) Section 28 of the said Act is amended by adding thereto the * 2*'
following clause:

ip) respecting the composition, administration and financ-
ing of the Central Pension Agency.

10
Commence- 15. This Act Comcs into force on the day it receives Royal Assent.

merit

Short title 1 6. The short title of this Act is The Job Security Act, 1980.

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BILL 157 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act respecting Economic Equality for Women in Ontario

Mr. Charlton

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

Explanatory Note

The Bill establishes the Equal Employment Office in the Ministry of Labour
and the Equal Employment Tribunal. The Bill requires designated employers to
report to the Equal Employment Office information relating to rates of pay and
the number of male and female employees in occupational categories. The Director
of the Equal Employment Office is authorized to order an employer to prepare an
affirmative action program. Where an employer disagrees with the Director's
order, or where the employer and Director cannot agree on an affirmative action
program, an application may be made to the Tribunal to resolve the dispute. The
Bill also contains provisions requiring the Government of Ontario to develop a
comprehensive skills training and apprenticeship plan designed to increase the
number of women in occupational categories in which women are traditionally
under- represented. The Bill declares the right of every person in Ontario to
accessible, quality daycare service for children for whom the person is responsible.
The Bill also contains amendments to The Employment Standards Act, 1974
establishing the principle of equal pay for work of equal value and constituting
sexual harassment as ah offence under that Act.

BILL 157 1980

An Act respecting
Economic Equality for Women in Ontario

WHEREAS it is public policy to advance the economic rights Preamble
of citizens; and whereas unequal and discriminatory condi-
tions of employment for women exact tremendous economic and
social costs on both the persons directly affected and the com-
munities in which they reside; and whereas action is urgently
needed to ensure increased employment of women in occupations
where they are under-represented, to establish apprenticeship and
skills training programs, to give women access to non-traditional
occupations, to provide accessible, quality child care, to ensure
equal pay for work of equal value and to ensure freedom from
sexual harassment in the work place;

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

1 . The purpose of this Act is to provide for, Purpose

(a) affirmative action programs designed to achieve
increased employment of women in occupational
categories and sectors of the labour force in which
women employees are under-represented;

(b) the establishment of an apprenticeship and skills train-
ing plan designed to increase the employment of women
in occupational categories in which women employees
are under-represented;

(d) the establishment and enforcement of equal pay for
work of equal value;

(e) protection from sexual harassment in the workplace.

2. In this Act, interpre-

tation

(a) "Director" means the Director of the Equal Employment
Office;

(b) "Minister" means the Minister of Labour;

Adminis-
tration

3 . The Minister of Labour is responsible for the administration
of this act, except section IS.

Equal

Employment

Office

4. There shall be an office in the Ministry of Labour to be
known as the Equal Employment Office and the Equal Employ-
ment Office shall,

Director

(a) assist employers in the preparation of affirmative action
plans;

{b) receive and analyze reports and monitor the affirmative
action plans filed in the office.

5. There shall be a Director of the Equal Employment Office
and the Director shall perform such duties and exercise such
powers as are given to or conferred upon the Director under this or
any other Act.

Employer
reports

6. Every employer in a class of employers designated in the
regulations shall report to the Office of Equal Employment such
information relating to the employment practices, rates of pay,
and the number of male and female employees in occupational
categories as prescribed by the regulations.

Order to

establish

affirmative

action

programs

7. — (1) Where, upon examination of the reports filed under
section 5 , the Director is of the opinion that the number of female
employees in an occupational category is under-representative of
the participation rate of females in the labour force, the Director
may order the employer to establish an affirmative action program
for that occupational category.

Employer's
duty

(2) Where the Director makes an order under subsection 1 , the
employer shall commence the preparation of an affirmative action
program forthwith and the Office of Equal Employment shall
assist the employer in preparing the program.

Target
dates

(3) Every affirmative action program approved by the Director
shall contain target dates for the placement of women in the
occupational categories in which women are under-represented
and a timetable for achieving those target dates.

Affirmative
action
program
binding

8. — (1) Where the employer and the Equal Employment
Office agree upon an affirmative action program, the Director

may approve the program and, upon approval by the Director, the
affirmative action program is binding upon the employer.

(2) Where the employer and the Director are unable to agree Where
upon an affirmative action program, the Director may apply to the Dh-ector '^"
Tribunal for a determination and, upon completion of a hearing, disagree
the Tribunal shall settle the terms of an affirmative action pro-
gram that is binding on the employer.

9. — (1) There shall be a tribunal to be known as the Equal Equal
Employment Tribunal composed of such members as are xribun^^"^
appointed by the Lieutenant Governor in Council.

(2) The Tribunal shall hold such hearings and perform such duties
other duties as are assigned to it by or under this Act.

(3) The Lieutenant Governor in Council shall appoint five per- Members
sons to be members of the Tribunal and shall appoint one of such
members as chairperson and one or more other such members as
vice-chairperson.

(4) Three members of the Tribunal, one of whom shall be the Quorum
chairperson or vice-chairperson, constitute a quorum and may
exercise all the powers of the Tribunal notwithstanding any
vacancy in the membership.

(5) The chairperson shall have general supervision and Duties
direction over the conduct of the affairs of the Tribunal, and shall
arrange the sittings of the Tribunal and assign members to con-
duct hearings as the circumstances require.

(6) The Tribunal shall prepare and annually publish a sum- Publishing
mary of its decisions and the reasons therefor. ^ ^

(7) The Lieutenant Governor in Council may appoint a Regis- Registrar
trar for the Tribunal who shall perform such duties as are assigned Tribunal
to him or her under this Act or by the chairperson of the Tribunal.

(8) The Registrar of the Tribunal and every member of theAdminis-
Tribunal have power to administer oaths and affirmations for the of oaths
purpose of any of its proceedings.

1 0. — (1) Where the Director believes on reasonable and prob- Oi'der to
able grounds that an employer has failed to comply with an order
of the Director under section 6 or is failing to comply with a
binding affirmative action program, the Director may order the
employer to comply with section 6 or 7, as the case may be.

(2) Where the Director proposes to make an order under sub-^"^'" °^

/ f f proposal

section 1 , the Director shall serve notice of the proposed order on

the employer and a representative of the employees together with
written reasons therefor.

Request for
hearing

Failure to

request

hearing

Hearing

Conditions

(3) A notice under subsection 2 shall inform the employer
named in the order that the employer is entitled to a hearing by the
Tribunal if the employer mails or delivers within fifteen days
after the notice under subsection 2 is served on him notice in
writing requiring a hearing to the Director and the Tribunal and
the employer may so require a hearing.

(4) Where the employer upon whom a notice is served under
subsection 2 does not require a hearing, the Director may carry out
the proposed order stated in the notice.

(5) Where an employer requests a hearing by the Tribunal in
accordance with subsection 3, the Tribunal shall appoint a time
for and hold the hearing and, on the application of the Director at
the hearing, may by order direct the Director to carry out the
proposed order or to take such action as the Tribunal considers the
Director ought to take in accordance with this Act and for such
purposes the Tribunal may substitute its opinion for that of the
Director.

(6) The Tribunal may attach such terms and conditions to its
order as it considers proper to give effect to the purposes of this
Act.

Investi-
gations by
order of
Minister

1971, c. 49

Offences

1 1 . The Minister may by order appoint a person to make an
investigation into any matter to which this Act applies as may be
specified in the Minister's order and the person appointed shall
report the result of his investigation to the Minister and, for the
purposes of the investigation, the person making it has the powers
of a commission under Part II of The Public Inquiries Act, 1971,
which Part applies to such investigation is if it were an inquiry
under that Act.

12. — (1) Every person who, knowingly,

(a) submits a false report under section S;

{b) furnishes false information in an investigation under this
Act;

(rf) obstructs a person making an investigation under
section 10,

is guilty of an offence and on conviction is liable to a fine of not
more than $10,000 and to imprisonment for a term of not more
than one year,

(2) Where a corporation is convicted under subsection 1, the Corporations
maximum penalty that may be imposed upon the corporation is

$50,000.

(3) When a corporation is convicted of an offence, each director Directors and

officers

or officer is a party to the offence unless he satisfies the court that
he did not authorize, permit or acquiesce in the offence.

13. The Lieutenant Governor in Council may make regula- Regulations
tions,

(a) prescribing classes of employers for the purposes of
section 5;

(b) prescribing forms and providing for their use;

14. — (1) The Equal Employment Office shall identify, on the Wentifica-
basis of information reported under section 5 , those occupational occupational
categories in which women are under-represented. categories

(2) The Government of Ontario shall develop a comprehensive Comprehensive
skills training and apprenticeship plan designed to increase the training and
number of women in each of the occupational categories identified ap^prent'ceship
under subsection 1 and to ensure that sufficient women are
adequately trained in order to meet anticipated needs in the
workforce for skilled tradespeople.

(3) The Equal Employment Office shall, after the close of each ^^'"^''^f
year, file with the Minister an annual report upon the skills
training and apprenticeship plan.

(4) The Minister shall submit the report to the Lieutenant f^^^^J^^ ^°
Governor in Council and shall then lay the report before the committee
Assembly if it is in session or, if not, at the next ensuing session and

the report shall then be referred to the Standing Committee on
Economic Development.

15. — (1) Every person in Ontario has a right to accessible. Right to
quality daycare service for children for whom the person is
responsible to ensure that the person is not impeded from accept-
ing employment due to an inadequate provision of daycare
services.

(2) The Minister responsible for the provision of daycare ser- Annual
vices shall, after the close of each year, prepare an annual report
assessing the availability of daycare services in Ontario and
evaluating whether the right described in subsection 1 is being
protected by existing daycare programs.

Referral to

Standing

Committee

(3) The Minister shall submit the report to the Lieutenant
Governor in Council and shall then lay the report before the
Assembly if it is in session or, if not, at the next ensuing session
and the report shall then be referred to the Standing Committee
on Economic Development.

R.s.o. 1970, 1 6. — (1) Section 33 of The Employment Standards Act, 1974,
S.33, ' being chapter 112, is repealed and the following substituted

re-enacted therefor:

PART IX

EQUAL PAY FOR WORK OF EQUAL VALUE

Equal pay
for work
of equal
value

33. — (1) No employer or person acting on behalf of an
employer shall establish or maintain any difference in wages
paid to a male and to a female employee employed in the same
establishment who are performing work of equal value unless the
difference is based on seniority or quantity of production.

Determination
by employment
standards
officer

(2) An employment standards officer may assess the value of
work performed for the purposes of subsection 1 and, where the
officer finds that an employer has failed to comply with subsection
1 , the officer may determine the amount of moneys owing to an
employee because of such non-compliance, and such amount shall
be deemed to be unpaid wages.

Assessment
of value
of work

(3) In assessing the value of work performed by employees
employed in the same establishment, the criterion to be applied is
the composite of the skill, effort and responsibility required in the
performance of the work and the conditions under which the work
is performed.

Separate
establish-
ments

(4) Separate establishments established or maintained by an
employer solely or principally for the purpose of establishing or
maintaining differences in wages between male and female
employees shall be deemed for the purposes of this Part to be a
single establishment.

Pay not to
be reduced

(5) No employer shall reduce the rate of pay of an employee in
order to comply with subsection 1.

Employer
not to be
requested to
contravene
subs. 1

(6) No organization of employers or employees or its agents
shall cause or attempt to cause an employer to agree to or to pay to
his employees wages that are in contravention of subsection 1 .

Complaints (7) A Complaint that an employer contravenes this section may

be made by one employee or any class of employees employed in
the same establishment.

(8) An employer, employee or class of employees who is Review and
aggrieved by a decision or order made by an employment stan- ^^""^
dards officer under this Part or section 47 may, within a period of
fifteen days after the date of delivery, service or notice of the
decision or order, or such longer period as the Director may for
special reasons allow, apply for a review of the decision or order by

way of a hearing before a referee and subsections 2 to 7 of section
SO apply to the review with necessary modifications except that
the referee may make an order referred to in section 47 in addition
to the powers conferred upon the referee by section 50.

(9) The Minister shall table a report annually in the Legislature Annual
on the progress of implementation and these reports shall be ^^^°
referred to The Standing Committee on Economic Development

as established by The Full Employment Act, 1980. i^so, c. . . .

1 7. The said Act is amended by adding thereto the following Part ix-a

Part- *'• ^^"l-

'■ "■'■ i- enacted

PART IX-A

SEXUAL HARASSMENT

33a. No employer or person shall, Sexual

harassment

(a) refuse or threaten to refuse to employ any person;

(b) dismiss or threaten to dismiss an employee;

(d) suspend or threaten to suspend an employee;

(e) refuse or threaten to refuse to promote, transfer or train
an employee;

(/) impose or threaten to impose any penalty upon an
employee; or

(g) intimidate or coerce an employee,

because of that person's rejection of sexual advances or refusal to
consent to sexual contact or sexual intercourse.

18. This Act comes into force on the day it receives Royal Commence-

. ■ -^ -^ ment

Assent.

19. The short title of this Act is The Women's Economic Short title
Equality Act, 1980.

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BILL 158 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act respecting Plant Closings in Ontario

Mr. Mackenzie

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

Explanatory Note

The purpose of the Bill is to establish procedures for giving notice of plant
closings in Ontario and to ensure disclosure of the circumstances related to the
plant closings. The Bill requires an employer to provide twenty-six weeks notice to
employees of a decision to close a plant. The Bill establishes a Public Audit Board
to inquire into, evaluate and report on the circumstances relating to the closing of
plants in Ontario. The Board is required to make a report on the plant closing to the
Minister of Labour before the date on which the plant is scheduled to close and the
Board's report must contain proposals for action designed to mitigate the harmful
effect of the plant closing. The Bill also contains a provision clarifying that the
Ontario Development Corporation is authorized to invest in a plant regarding
which a notice of plant closing has been issued under the Act.

BILL 158 1980

An Act respecting
Plant Closings in Ontario

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 Employment Standards ^ci, Notice of
1974 , no employer shall terminate the employment of fifty or more j^^^ ^ ^j^
employees in any period of four weeks or less by ceasing all or
substantially all production at a plant owned or operated by the
employer unless the employer gives twenty-six weeks notice in
writing to each employee and such notice has expired.

(2) An employer who gives a notice under subsection 1 regard- Service of

, 1 • 1 11 1 • r 1 • notice upon

mg a plant closmg shall at the same time serve a copy of the notice Board
upon the Public Audit Board established by section 3.

(3) Where the notice referred to in subsection 1 has been given. Rates of

wages, etc.,
not to be

(a) no employer shall alter the rates of wages or any other altered
term or condition of employment of any employee to
whom notice has been given;

(6 ) an employer shall pay to the employee during the period
of notice the wages the employee is entitled to receive
which in no case shall be less than his regular wages for a
regular non-overtime work week; and

(c ) upon the expiry of the notice, the employer shall pay to
the employee any wages or vacation pay to which he is
entitled.

(4) Where the employment of an employee is terminated con- Where

1 • .11 1 11 1 1 X • employment

trary to this section, the employer shall pay the employee termina- terminated
tion pay of an amount equal to the wages that the employee would j°"g^j,^[^^
have been entitled to receive at his regular rate for a regular
non-overtime work week for the period of notice prescribed by
subsection 1, and any wages to which he is entitled.

Enforcement
1974, c. 112

(5) The provisions of this section shall be administered and
enforced as if the provisions were enacted under The Employment
Standards Act, 1974, with necessary modifications.

Employer to
co-operate
with
Minister

2. Where an employer is required to give the notice referred to
in subsection 1 , the employer shall co-operate with the Minister of
Labour in any action or program intended to facilitate the re-
establishment in employment of the employees whose employ-
ment is to be terminated.

Public
Audit
Board

3. — (1) There is hereby established a Public Audit Board to be
composed of five persons appointed by the Lieutenant Governor
in Council.

Chairman (2) The Lieutenant Governor in Council shall appoint one of

the members of the Board, who shall be a full-time member, as
chairman and may appoint one or more other such members as
vice-chairmen.

Members of
Board

(3) The Lieutenant Governor in Council shall appoint persons
to the Board who are representative of industry and labour.

Quorum (4) Three members of the Board, one of whom shall be the

chairman or vice-chairman, constitute a quorum and may exercise
all the powers of the Board notwithstanding any vacancy in the
membership.

General
supervision

(5) The chairman shall have general supervision and direction
over the conduct of the affairs of the Board, and shall arrange the
sittings of the Board and assign members to conduct hearings as
circumstances require.

Registrar (6) The Lieutenant Governor in Council may appoint a Regis-

trar for the Board who shall perform such duties as are assigned to
him under this or any other Act or by the chairman of the Board.

Oaths,
affirmations

(7) The Registrar for the Board and every member of the Board
have power to administer oaths and affirmations for the purpose
of any of its proceedings.

Purpose of
Board

4. The purpose of the Public Audit Board is to inquire into,
evaluate and report on the circumstances relating to the closing of
industrial and manufacturing plants in Ontario and to assess the
economic impact of these plant closings on individual employees
and communities affected thereby.

Study
of plant
closing

5. — (1) When the Board receives a notice of a plant closing,
the Board shall forthwith commence a study of the circumstances
relating to the plant closing and the economic impact thereof.

(2) Within fourteen days after the date on which the notice is Hearing
received by the Board, the Board shall fix the time and place for a
hearing within the community in which the plant is located for the
purpose of receiving representations respecting the plant closing

by any person desiring to make representations and the Board
shall publish notice thereof in such newspapers having general
circulation in the area as the Board considers appropriate.

(3) The Board shall adopt such rules of procedure for a hearing Rules of
under subsection 2 as the Board considers appropriate.

6. — (1) The Board may designate a person to make an investi- investigation
gation into any plant closing and the person so designated shall
report the result of his investigation to the Minister of Labour and,
for the purposes of the investigation, the person making it has all
the powers of a commission under Part II of The Public Inquiries ^^^'' ^- ^^
Act, 1971, which Part applies to such investigation as if it were an
inquiry under that Act.

(2) No person shall obstruct a person designated to make an obstruction
investigation under this section or withhold from him or conceal or investigator
destroy any books, papers, documents or things relevant to the
subject-matter of the investigation.

7. The Board may at any time authorize and direct a rep- Special
resentative of the Board appointed for that purpose to enter upon

any premises where the books, accounts or records of or pertaining
to any plant closing are kept or may be, and to inspect, study,
audit, take extracts from such books, accounts or other records,
and may, upon giving a receipt therefor, remove any such materi-
al that relates to the purpose of the inspection for the purpose of
making a copy thereof, provided that such copying is carried out
with reasonable dispatch and the material in question is promptly
thereafter returned to the person being inspected, and no person
shall obstruct the person inspecting or withhold or destroy, con-
ceal or refuse to furnish any information or thing required by
the person inspecting for the purposes of the inspection.

8. The Board shall complete its inquiry into the plant closing Report
and submit its report to the Minister of Labour at least thirty days dosing
before the closing date set out in the notice of the plant closing and,

in its report, the Board shall set out,

(a) its findings regarding the circumstances of the plant
closing;

{b) its findings regarding the economic impact of the plant
closing on individual employees and the community;

Annual
report

(d) proposals to the Government for action designed to miti-
gate the harmful effect of the plant closing on the
employees and the community.

9. — (1) The Board shall after the close of each year file with the
Minister of Labour an annual report upon the affairs of the Board.

Tabling (2) The Minister shall submit the report to the Lieutenant

Governor in Council and shall then lay the report before the
Assembly if it-is in session or, if not, at the next ensuing session.

1973, c. 84, 10. Clause e of subsection 1 of section 12 of The Development

re-enacted;' Corporations Act, 1973, being chapter 84, is repealed and the
following substituted therefor:

1980, c.

(e) buy, hold, own, hire, maintain, control, take, lease, sell,
assign, exchange, transfer, manage, improve, develop
or otherwise deal in and dispose of, either absolutely or
by way of security or otherwise, any property real and
personal, movable and immovable, and assets general-
ly, including industrial and manufacturing plants
regarding which a notice of plant closing has been issued
under The Plant Closing Notice and Disclosure Act,
1980.

Commence-
ment

1 1 . This Act comes into force on the day it receives Royal
Assent.

Short title

1 2. The short title of this Act is The Plant Closing Notice and
Disclosure Act, 1980.

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BILL 159 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act respecting the Licensing and Inspection
of Amusement Rides in Ontario

Mr. Eaton

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

Explanatory Note

The purpose of the Bill is to provide for the licensing and inspection of
amusement rides in Ontario. The Bill requires that all amusement rides be
licensed. A Director appointed under the Act is given the authority to revoke the
licence for an amusement ride that does not comply with the Act. The Act provides
for inspectors and specifies that the inspectors must apply the Midway Safety Code
when conducting their inspections. It is an offence under the Act to operate an
amusement ride that is not licensed or that is unsafe or to cause or permit an
amusement ride to be operated in an unsafe manner.

BILL 159 1980

An Act respecting the Licensing and
Inspection of Amusement Rides in Ontario

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

1 . In this Act, interpre-

tation

(a) "amusement ride" means a roller coaster, ferris wheel or
other device designed to entertain people by physically
moving them and ordinarily used at a carnival, exhibi-
tion, fair or amusement park;

(b) "Director" means the Director appointed under this Act;

(d) "owner" includes the person in charge of an amusement
ride as licensee, lessee, agent or otherwise but does not
include an attendant.

2. — (1) No person shall operate an amusement ride unless the Licence

required

amusement ride is licensed and it complies with this Act and the
regulations.

(2) No person shall operate an amusement ride or cause or Operation of
permit it to be operated if the person has reason to believe that it is prohibited
in an unsafe condition.

(3) No person shall operate an amusement ride or cause or Unsafe

... , . r operation

permit it to be operated in an unsafe manner. prohibited

3. — (1) The Director shall issue a licence for an amusement Licence for
ride or a renewal thereof to an applicant therefor subject to such ride
terms and conditions as are prescribed in the regulations and as
are agreed to by the applicant or licensee.

Where licence
may be refused

(2) The Director may refuse to grant or to renew a licence for an
amusement ride, or may suspend or revoke such a Hcence where,

(a) the amusement ride or the operation thereof does not
comply with this Act or the regulations; or

(b) the holder of the licence has failed to comply with an
order of an inspector or is in contravention of this Act or
the regulations.

Notice of
proposed

4. — (1) Where the Director proposes,

(a) to refuse to grant or to renew a licence; or

(b) to suspend or revoke a licence,

under section 3, he shall serve notice of his proposal together with
written reasons therefor, on the applicant or licence holder, as the
case may be.

Idem (2) A notice under subsection 1 shall inform the applicant or

licence holder that he is entitled to a hearing by a judge of the
county or district court for the county or district in which he
resides if he applies to a judge thereof within fifteen days after the
notice under subsection 1 is served on him and he may so apply for
such a hearing.

Power of
Director
where no
hearing

(3) Where an applicant or licence holder does not apply to a
judge for a hearing in accordance with subsection 2, the Director
may refuse to grant a licence or may carry out the proposal stated
in his notice under subsection 1.

Appointment
for hearing

(4) Where an applicant or licence holder applies to a judge for a
hearing in accordance with subsection 2 , the judge shall in writing
appoint a time and place for and hold the hearing.

Powers of
judge where
hearing

(5) Upon the application of the Director at the hearing, the
judge may by order require the Director to grant the licence or
permit him to carry out his proposal, or direct that such action as
the judge considers proper be taken by the Director in accordance
with this Act and the regulations and for such purposes the judge
may substitute his opinion for that of the Director.

Service
of notice

(6) The Director may" serve notice under subsection 1 person-
ally or by registered mail addressed to the applicant or licence
holder at his address last known to the Director and where notice
is served by registered mail, the notice shall be deemed to have
been served on the third day after the day of mailing unless the
person to whom notice is being given establishes to the judge to

whom he applies for a hearing that he did not, acting in good faith,
through absence, accident, illness or other cause beyond his con-
trol receive the notice or order until a later date.

(7) A judge to whom application is made by an applicant or Extension
licence holder for a hearing under this section may extend the time application
for making application, either before or after expiration of the

time fixed therein, where he is satisfied that there are prima facie
grounds for granting relief to the applicant or licence holder
pursuant to a hearing and that there are reasonable grounds for
applying for the extension, and may give such directions as he
considers proper consequent upon the extension.

(8) Where, within the time prescribed therefor, or if no time is Continuation
prescribed, prior to the expiry of his licence, a licence holder has renewaf
applied for renewal of his licence or registration and paid the
prescribed fee, his licence shall be deemed to continue,

(a) until the renewal is granted; or

(b) where he is served with notice that the Director proposes
to refuse to grant the renewal, until the time for applying
for a hearing by a judge has expired and, where a hear-
ing is applied for, until the judge has made his decision.

5. — (1) The Director, the applicant or licence holder who has Parties
applied for the hearing and such other persons as are specified by
the judge are parties to the proceedings before a judge under
section 4.

(2) Notice of a hearing under section 4 shall afford to the licence Opportunity

1 1 / 11 • 1 1 • 1 • to achieve

holder a reasonable opportunity to show or to achieve compliance compliance
before the hearing with all lawful requirements for the retention of
the licence.

(3) An applicant or licence holder who is a party to proceedings Recording
under section 4 shall be afforded an opportunity to examine,
before the hearing, any written or documentary evidence that will

be produced or any report, the content of which will be given in
evidence at the hearing.

(4) The oral evidence taken before a judge at a hearing shall be Wem
recorded and, if so required, copies or a transcript thereof shall be
furnished upon the same terms as in the Supreme Court.

(5) The findings of fact of a judge pursuant to a hearing shall be Findings
based exclusively on evidence admissible on matters that may be
noticed un'der sections 15 and 16 of The Statutory Powers Proce- i97i, c. 47
dure Act, 1971.

Appeal to
Divisional
Court

6. — (1) Any party to proceedings before a judge under section
4 may appeal from the decision or order of the judge to the
Supreme Court in accordance with the rules of court.

Record to
be filed

(2) Where notice of an appeal is served under this section, the
judge shall forthwith file in the Supreme Court the record of the
proceedings before him in which the decision or order was made,
which, together with the transcript of the evidence before the
judge if it is not part of the record of the judge, shall constitute the
record in the appeal.

Minister
entitled to
be heard

(3) The Minister is entitled to be heard by counsel or otherwise
upon the argument of an appeal under this section.

Powers of
court on
appeal

(4) The Supreme Court may, on the appeal, affirm the decision
of the judge appealed from or may rescind it and make such new
decision as the court considers proper under this Act and the
regulations, and may order the Director to do any act or thing he is
authorized to do under this Act and as the court considers proper,
and for such purpose the court may substitute its opinion for that
of the Director or of the judge, or the court may refer the matter
back to the judge for rehearing, in whole or in part, in accordance
with such directions as the court considers proper.

Reporting
accidents

7 . Where an accident occurs in connection with an amusement
ride that results in death or serious injury to any person, the owner
shall notify the Director by telephone forthwith and the Director
shall cause such investigation to be made as he considers neces-
sary.

Appointment

inspectors

and

Director

8. — (1) Such inspectors as may be necessary to enforce this Act
and the regulations may be appointed by the Minister and the
Minister may designate one of the inspectors as the Director for the
purposes of the general administration of this Act and the regula-
tions including the supervision and direction of inspectors.

Nomination

inspectors

(2) The Minister may appoint as inspectors under this Act
persons nominated by the Canadian Outdoor Amusement Associ-
ation.

Certificate

appointment

(3) The Minister shall issue a certificate of appointment, bear-
ing his signature or a facsimile thereof, to every inspector.

Production

certificate

(4) Every inspector, while in the exercise of any of his powers or
duties under this Act, shall produce his certificate of appointment
upon request.

9. For the purpose of an inspection or an investigation under

Right to

examine person , . .

under oath this Act, the Director may, by notice in writing, require the
attendance before him of any person at any time and place named

in the notice and may then and there examine such person under
oath regarding any matter pertaining to the inspection.

1 0. — (1) An inspector may, for the purposes of carrying out his Powers of
duties under this Act and the regulations,

(a) subject to subsection 3, at any time without a warrant,
enter in or upon a premises where an amusement ride is
being installed or operated and inspect an amusement
ride;

(b) require the production of any licence, report or record
required by this Act or the regulations and examine and
copy the same and may require information from any
person concerning any matter related to an amusement
ride or the operation thereof;

(c) require the owner or operator of an amusement ride to do
or refrain from doing anything the inspector considers
necessary during an inspection;

(d) make such examinations, tests or inquiries as may be
necessary to ensure compliance with this Act and the
regulations.

(2) In carrying out his duties under this Act, an inspector shall ^^^^^^
apply the Midway Safety Code (CSA Standard Z267-1971) and '° ^'
such other safety codes as are prescribed by the regulations.

(3) An inspector shall not enter any room or place actually being Limit on
used as a dwelling where the occupier refuses entry except under to enter
the authority of a search warrant issued under section 142 of The i979, c. 4
Provincial Offences Act, 1979.

1 1. — (1) No person shall hinder, obstruct, molest or interfere Obstructing
with or attempt to hinder, obstruct, molest or interfere with an prohibited
inspector in the exercise of a power or the performance of a duty
under this Act and the regulations.

(2) Every person shall furnish all necessary means in his power Assisting
to facilitate any entry, inspection, examination or inquiry by an
inspector in the exercise of his powers and duties under this Act
and the regulations.

12. — (1) No action or other proceeding for damages lies or Liability
shall be instituted against an inspector for an act or omission by inspector
him in good faith in the execution or intended execution of any
power or duty under this Act or the regulations.

Liability
of Crown

R.S.O. 1970,
c. 365

(2) Subsection 1 does not, by reason of subsections 2 and 4 of
section 5 of The Proceedings Against the Crown Act, relieve the
Crown of liability in respect of a tort committed by an inspector to
which it would otherwise be subject and the Crown is liable under
that Act for any such tort in like manner as if subsection 1 had not
been enacted.

Certificate
as evidence

13. A statement as to the licensing or non-licensing of any
amusement ride purporting to be certified by the Director is,
without proof of the office or signature of the Director, receivable
in evidence 2i& prima facie proof of the facts stated therein for all
purposes in any action, proceeding or prosecution.

Offence

14. Every person who.

(a) fails to comply with any provision of this Act or the
regulations;

{b) knowingly makes a false statement in any document
required by this Act or the regulations;

{d) fails to comply with an order or requirement of an
inspector,

is guilty of an offence and on conviction is liable to a fine of not
more than $10,000.

Regulations 15. The Lieutenant Governor in Council may make regula-

tions,

(a) respecting the installation, operation, maintenance and
inspection of amusement rides;

{b) providing for and requiring the keeping of records
regarding the design, construction, installation, repair,
maintenance, alteration and use of amusement rides;

(c) respecting the term, issue and renewal of licences, the
transfer of licences and the terms and conditions that
may be attached to licences;

{d) prescribing forms and providing for their use.

Commence-
ment

1 6 . This Act comes into force on the day it receives Royal
Assent.

Short title

1 7. The short title of this Act is The Amusement Ride Safety
Act, 1980.

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BILL 160 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Labour Relations Act

Mr. Mackenzie

TORONTO
Printed by T. C. Thatcher, Oueen's Printer for Ontario

Explanatory Note

Section 1 of the Bill repeals a provision in the Act that permits an employer to
request, either before or after the commencement of a strike or lock-out, that a vote
be held on the employer's last offer. Section 2 of the Bill repeals a provision of the
Act that permits employees in a bargaining unit who are not members of the trade
union to participate in a strike vote or a vote to ratify a proposed collective
agreement.

BILL 160 1980

An Act to amend The Labour Relations Act

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

1. Section 34e oiThe Labour Relations Act, being chapter 232 of the ^ 34€,
Revised Statutes of Ontario, 1970, as enacted by the Statutes of "^^^^
Ontario, 1980, chapter 34, section 1, is repealed.

2. Subsection 4a of section 63 of the said Act, as enacted by the Statutes ^ 63 (4a),
of Ontario, 1980, chapter 34, section 3, is repealed. ^^^^

3. This Act comes into force on the day it receives Royal Assent. Commence-

-^ ■' ment

4. The short title of this Act is The Labour Relations Amendment Act , short title
1980.

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BILL 161 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Ontario Heritage Act, 1974

Mrs. Campbell

TORONTO

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

Explanatory Note

The purpose of the Bill is to make several amendments to The Ontario
Heritage Act, 1974. Section 1 of the Bill removes the 180 day limitation on the
ability of a municipality to prohibit the demolition or removal of a building or
structure that has been designated under the Act. Section 2 of the Bill enacts a new
Part V-A of the Act that provides powers to the Minister of Culture and Recreation
to designate properties of historic or architectural value in Ontario. These powers
are similar to the powers already provided to municipalities under the Act. The Bill
also contains a provision permitting the Minister to provide assistance to individu-
als, institutions, agencies, organizations and municipalities for the purpose of
conserving buildings of historic or architectural value in Ontario.

BILL 161 1980

An Act to amend
The Ontario Heritage Act, 1974

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

1 . — (1) Clause b of subsection 2 of section 34 of The Ontario Heritage * ^^ (2) (fc),
Act, 1974, being chapter 122, is repealed and the following '^^"^"^'^ *^
substituted therefor:

(b) refuse the application,

(2) Subsection 4 of the said section 34 is repealed. «• 34 (4),

repealed

(3) Subsection 5 of the said section 34 is repealed and the following reinacted
substituted therefor:

(5) Where the council consents to an application under clause a By-law

c \ • 1 !• • designating

of subsection 2 , or is deemed to have consented to an application property
under subsection 3 , the council shall pass a by-law repealing the repelled
by-law or part thereof designating the property and shall cause,

(a) a copy of the repealing by-law to be served on the owner
and on the Foundation;

(b) notice of the repealing by-law to be published in a news-
paper having general circulation in the municipality;

(d) a copy of the repealing by-law to be registered against
the property affected in the proper land registry office.

2. The said Act is amended by adding thereto the following Part: ss 39a-39/,

Proposed
designation

Notice of
intention

Contents
of notice

PART V-A

Conservation of Buildings of Historic
OR Architectural Value

designation of properties by minister

39a. — (1) Where the Minister intends to designate property
within a municipahty to be of historic or architectural value or
interest, the Minister shall cause notice of intention to designate to
be given in accordance with subsection 2.

(2) Notice of intention to designate under subsection 1 shall be,

(a) served on the owner of the property and on the Founda-
tion; and

(b) published in a newspaper having general circulation in
the municipality.

(3) Notice of intention to designate under subsection 2 shall
contain,

(a) an adequate description of the property so that it may be
readily ascertained;

(b) a statement of the reason for the proposed designation;
and

Objection

Where no
notice of
objection

(c) a statement that notice of objection to the designation
may be served on the Minister within thirty days of the
date of the first publication of the notice of intention in a
newspaper having general circulation in the municipal-
ity.

(4) A person who objects to a proposed designation shall,
within thirty days after the date of first publication of the notice of
intention in a newspaper having general circulation in the munici-
pality, serve on the Minister a notice of objection setting out the
reasons for the objection and all the relevant facts.

(5) Where no notice of objection is served within the thirty-day
period under subsection 4, the Minister shall,

(a) issue an order designating the property and cause a copy
of the order together with reasons for the designation,

(i) to be registered against the property affected in
the proper land registry office,

(ii) to be served on the owner and the Foundation,

and publish a notice of the order in a newspaper having
general circulation in the municipality; or

(b) withdraw the notice of intention to designate the prop--
erty by serving and publishing notice of the withdrawal
in the manner and to the persons as required for the
notice of intention to designate under subsection 2.

(6) Where a notice of objection has been served under subsec- Referral
tion 4, the Minister shall, upon expiration of the thirty-day period Board
under subsection 3, refer the matter to the Review Board for a
hearing and report.

(7) Pursuant to a reference by the Minister under subsection 6, Hearing
the Review Board, as soon as is practicable, shall hold a hearing
open to the public to determine whether the property in question
should be designated, and the Minister, the owner, and any
person who has filed an objection under subsection 4 and such
other persons as the Review Board may specify, are parties to the
hearing.

(8) A hearing under subsection 7 shall be held at such place in idem
the municipality in which the property is situated as the Review
Board may determine, and notice of such hearing shall be pub-
lished in a newspaper having general circulation in the munici-
pality at least ten days prior to the date of such hearing.

(9) The Review Board may combine two or more related hear- Review Board
ings and conduct them in all respects and for all purposes as one heanngs
hearing.

(10) Sections 6 to 16 and 21 to 23 of The Statutory Powers Application

n 7 A .^r,. 1 1 • I , • ►, ofl971, c. 47

Froceaure Act, 1971 apply to a hearmg under subsection 7.

(11) Within thirty days after the conclusion of a hearing under Report
subsection 7 , the Review Board shall make a report to the Minister
setting out its findings of fact, its recommendations as to whether

or not the property should be designated under this Part and any
information or knowledge used by it in reaching its recommenda-
tions, and the Review Board shall send a copy of its report to the
other parties to the hearing.

(12) Where the Review Board fails to make a report within the Failure

1 1 1 '° report

time limited by subsection 1 1 , such failure does not invalidate the
procedure.

(13) After considering the report under subsection 11, the ^ecis'^on of
Minister without a further hearing shall,

(a) issue an order designating the property and cause a copy
of the order together with reasons for the designation.

(i) to be registered against the property affected in
the proper land registry office,

(ii) to be served on the owner and the Foundation,

and publish a notice of the order in a newspaper having
general circulation in the municipality; or

(b) withdraw the notice of intention to designate the prop-
erty by serving and publishing notice of the withdrawal
in the manner and to the persons as required for the
notice of intention to designate under subsection 3,

and the Minister's decision is final.

Revocation
of order

39b . — ( 1) Where the Minister intends to revoke an order or part
thereof designating property, the Minister shall cause notice of
intention to revoke the order or part thereof to be given in accord-
ance with subsection 2.

Notice of
intention

(2) Notice of intention to revoke an order or part thereof under
subsection 1 shall be.

(a) served on the owner of the property and on the Founda-
tion; and

(b) published in a newspaper having general circulation in
the municipality.

Contents
of notice

(3) Notice of intention to revoke an order or part thereof under
subsection 1 shall contain,

(a) an adequate description of the property so that it may be
readily ascertained;

(b) a statement of the reason for the proposed revoking
order; and

(c) a statement that notice of objection to the revoking order
may be served on the Minister within thirty days of the
date of the first publication of the notice of intention in a
newspaper having general circulation in the municipal-
ity.

Objection

(4) A person who objects to a proposed revoking order shall
object to the revoking order in the manner set out in subsection 4
of section 39a.

Idem

(5) Subsections 5 to 13 of section 39a as they apply to an
intention to designate a property shall apply with necessary mod-

ifications to an intention to revoke an order or part thereof desig-
nating a property under this section.

(6) Where the Minister issues an order revoking the designation Deletion
of a property under this section, the Minister shall cause the clerk Register
of the appropriate municipality to delete any reference to the
property from the Register referred to in subsection 1 of section 27.

39c. — (1) No owner of property designated under this Part Application
shall demolish or remove any building or structure on such prop- demolition
erty or permit the demolition or removal of any building or struc-
ture on such property unless he applies to the Minister and
receives consent in writing to such demolition or removal.

(2) The Minister shall consider an application under subsection Decision of
1 and within ninety days of receipt thereof shall,

(a) consent to the application; or

(b) refuse the application,

and shall cause notice of the decision,

(d) to be published in a newspaper having general circula-
tion in the municipality,

and the Minister's decision is final.

(3) The applicant and the Minister may agree to extend the time Extension
under subsection 2 and, where the Minister fails to notify the
applicant of the decision within ninety days after the notice of
receipt is served on the applicant or within such extended time as

may be agreed upon, the Minister shall be deemed to have con-
sented to the application.

(4) Where the Minister consents or is deemed to have consented ^•^^".,.

' demolition

to an application, the Minister shall issue an order revoking the may proceed
order designating the property and shall cause,

(a) a copy of the revoking order to be served on the owner
and on the Foundation;

(b) notice of the revoking order to be published in a news-
paper having general circulation in the municipality;

New owner
to give
notice

(d) a copy of the revoking order to be registered against the
property affected in the proper land registry office.

39d. Every person who becomes the owner of property desig-
nated under this Part shall give notice to the Minister of the change
of ownership within thirty days of becoming owner of the prop-
erty.

Purchase
or lease

39e. — (1) The Minister may acquire, by purchase, lease or
otherwise, any property or part thereof designated under this
Part, including any interest therein, for the use or purposes of this
Part and for disposing of such property or any interest therein, by
sale, lease or otherwise dispose of the property, when no longer so
required, upon such terms and conditions as the Minister consid-
ers necessary for the purposes of this Part.

Expropriation

R.S.O. 1970,
c. 154

(2) Subject to The Expropriations Act, the Minister may, by
order, expropriate any property designated under this Part and
required for the purposes of this Part and may sell, lease or
otherwise dispose of the property, when no longer so required,
upon such terms and conditions as the Minister considers neces-
sary for the purposes of this Part.

Assistance

39/. The Minister may provide financial assistance to indi-
viduals, institutions, agencies, organizations and municipalities
for the purpose of conserving buildings of historic or architectural
value in Ontario.

Commence-
ment

Short title

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

4. The short title of this Act is The Ontario Heritage Amendment Act,
1980.

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BILL 162 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Ministry of the Environment Act

Mr. Isaacs

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

Explanatory Note

The purpose of the Bill is to confer responsibility on the Minister of the
Environment to manage all aspects of a spill or accumulation of hazardous or toxic
substances that may endanger public health or safety and that has been designated
an environmental disaster by the Legislative Assembly of Ontario.

BILL 162 1980

An Act to amend
The Ministry of the Environment Act

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

1. The Ministry of the Environment Act, being chapter 112 of the » 4«.
Revised Statutes of Ontario, 1970, is amended by adding thereto the ^"^'^ ^
following section:

4a. — (1) Notwithstanding any other Act, the Minister shall Environmental
assume responsibility for all aspects of the management of any
spill or accumulation of hazardous or toxic substances that may
endanger public health or safety and that has been designated an
environmental disaster under subsection 2.

(2) The Legislative Assembly of Ontario may designate, by Designation
resolution or otherwise, any spill or accumulation of hazardous or
toxic substances to be an environmental disaster for the purposes
of subsection 1.

2. This Act comes into force on the 14th day of October, 1980. Commence-

ment

3. The short title of this Act is The Ministry of the Environment Short title
Amendment Act, 1980.

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BILL 163 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to declare the Upper Ottawa Street
Landfill Site to be an Environmental Disaster

Mr. Isaacs

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

Explanatory Note

The purpose of the Bill is to declare the Upper Ottawa Street Landfill Site in
the City of Hamilton an environmental disaster. This Bill is complementary to Bill
162 entitled The Ministry of the Environment Amendment Act, 1980 that confers
responsibility upon the Minister of the Environment to manage all aspects of any
environmental disaster designated by the Legislative Assembly of Ontario.

BILL 163 1980

An Act to declare the Upper Ottawa Street
Landfill Site to be an Environmental Disaster

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

1 . For the purposes of section 4a of The Ministry of the Envi- Designation
ronment Act, the landfill site located in the City of Hamilton in environ-
The Regional Municipality of Hamilton- Wentworth and known ^^^^ItL
municipally as the Upper Ottawa Street Landfill Site is hereby
designated an environmental disaster.

2. This Act comes into force on the 15th day of October, 1980. Commence-

^ ment

3. The short title of this Act is The Upper Ottawa Street Short title
Environmental Disaster Act, 1980.

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BILL 164 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Insurance Act

The Hon. Frank Drea
Minister of Consumer and Commercial Relations

TORONTO

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

Explanatory Notes

Sections l and 2. Paragraphs 30 and 35 of section 1 of the Act now read as
follows:

30. "insurance" means the undertaking by one person to indemnify another
person against loss or liability for loss in respect of a certain risk or peril to
which the object of the insurance may be exposed, or to pay a sum of
money or other thing of value upon the happening of a certain event;

35. "life insurance" means insurance whereby an insurer undertakes to pay
insurance money,

(a) on death; or

(b) on the happening of an event or contingency dependent on human
life; or

(d) for a term dependent on human life,

and, without restricting the generality of the foregoing, includes acci-
dental death insurance but not accident insurance.

Paragraph 30 is re-enacted and clause g of paragraph 35 is enacted to clarify
that an annuity contract entered into by an insurer is, and is deemed always to have
been, life insurance for the purposes of the Act.

Clausem of section 145 of the Act which will be repealed by section 2 of the Bill
now reads as follows:

(m) "life insurance" includes disability insurance and accidental death
insurance.

The proposed clauses e and /of paragraph 35 of section 1 will eliminate the
need for this definition of "life insurance".

BILL 164 1980

An Act to amend The Insurance Act

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

s. 1, pars. 30

1. Paragraphs 30 and 35 of section 1 of The Insurance Act, being and 3S,
chapter 224 of the Revised Statutes of Ontario, 1970, are repealed '■^-'^"^^t'^d
and the following substituted therefor:

30. "insurance" means the undertaking by one person to
indemnify another person against loss or liability for loss
in respect of a certain risk or peril to which the object of
the insurance may be exposed, or to pay a sum of money
or other thing of value upon the happening of a certain
event and includes life insurance;

35. "life insurance" means an undertaking by an insurer to
pay insurance money,

(a) on death; or

{b) on the happening of an event or contingency
dependent on human life; or

{d) for a term dependent on human life,

and, without restricting the generality of the foregoing,
includes,

{e) accidental death insurance but not accident
insurance;

(/) disability insurance; and

s. 145 (m),
repealed

s. 218(1-3),
re-enacted

Minimum
liability
under policy

Priorities

Minimum

limits

where

separate

limits

designated

Commence-
ment

Idem

Short title

(g) an undertaking entered into by an insurer to
provide an annuity or what would be an annuity
except that the periodic payments may be
unequal in amount and such an undertaking
shall be deemed always to have been life insur-
ance.

2. Clause m of section 145 of the said Act is repealed.

3 . Subsections 1 , 2 and 3 of section 2 1 8 of the said Act, as re-enacted by
the Statutes of Ontario, 1976, chapter 75, section 1, are repealed
and the following substituted therefor:

(1) Every contract evidenced by a motor vehicle liability policy
insures, in respect of any one accident, to the limit of at least
$200,000, exclusive of interest and costs, against liability resulting
from bodily injury to or the death of one or more persons and loss
of or damage to property.

(2) The contract shall be interpreted to mean that where, by
reason of any one accident, liability results from bodily injury or
death and from loss of or damage to property,

(a) claims against the insured arising out of bodily injury or
death have priority to the extent of $190,000 over claims
arising out of loss of or damage to property; and

(b) claims against the insured arising out of loss of or dam-
age to property have priority to the extent of $10,000
over claims arising out of bodily injury or death.

(3) The insurer may, instead of specifying a limit in the policy
for an inclusive amount, specify a limit of liability of at least
$200,000, exclusive of interest and costs, against liability resulting
from bodily injury to or the death of one or more persons and a
limit of liability of at least $200,000, exclusive of interest and
costs, against liability for loss of or damage to property.

4. — (1) This Act, except section 3, comes into force on the day it
receives Royal Assent.

(2) Section 3 comes into force on the 1st day of March, 1981.

5. The short title of this Act is The Insurance Amendment Act, 1980.

Section 3. Subsections 1, 2 and 3 of section 218 of the Act are re-enacted
with the following changes only:

1. In section 218 (1), the limit is increased to $200,000 from $100,000.

2. In section 218 (2) (a), the limit is increased to $190,000 from $95,000.

3. In section 218 (2) (b), the limit is increased to $10,000 from $5,000.

4. In section 2 18 (3), the minimum limit for both bodily injury and property
damage is increased to $200,000 from $100,000.

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BILL 164

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Insurance Act

The Hon. Frank Drea
Minister of Consumer and Commercial Relations

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

BILL 164 1980

An Act to amend The Insurance Act

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

s. 1, pars. 30

1. Paragraphs 30 and 35 of section 1 of The Insurance Act, being and 3S,
chapter 224 of the Revised Statutes of Ontario, 1970, are repealed '^-^""^^^^^
and the following substituted therefor:

30. "insurance" means the undertaking by one person to
indemnify another person against loss or liability for loss
in respect of a certain risk or peril to which the object of
the insurance may be exposed, or to pay a sum of money
or other thing of value upon the happening of a certain
event and includes life insurance;

35. "life insurance" means an undertaking by an insurer to
pay insurance money,

(a) on death; or

0) on the happening of an event or contingency
dependent on human life; or

{d) for a term dependent on human life,

and, without restricting the generality of the foregoing,
includes,

(e) accidental death insurance but not accident
insurance;

(/) disability insurance; and

s. 145 (m),
repealed

2. Clause m of section 145 of the said Act is repealed.

s. 218(1-3),
re-enacted

Minimum
liability
under policy

■ Priorities

Minimum

limits

where

separate

limits

designated

Cpmmence-
ment

Idem
Short title

3. Subsections 1, 2 and 3 of section 2 18 of the said Act, as re-enacted by
the Statutes of Ontario, 1976, chapter 75, section 1, are repealed
and the following substituted therefor:

(2) The contract shall be interpreted to mean that where, by
reason of any one accident, liability results from bodily injury or
death and from loss of or damage to property,

(a) claims against the insured arising out of bodily injury or
death have priority to the extent of $190,000 over claims
arising out of loss of or damage to property; and

(b) claims against the insured arising out of loss of or dam-
age to property have priority to the extent of $10,000
over claims arising out of bodily injury or death.

(3) The insurer may, instead of specif)dng a limit in the policy
for an inclusive amount, specify a limit of liability of at least
$200,000, exclusive of interest and costs, against liability resulting
from bodily injury to or the death of one or more persons and a
limit of liability of at least $200,000, exclusive of interest and
costs, against liability for loss of or damage to property.

4. — (1) This Act, except section 3, comes into force on the day it
receives Royal Assent.

(2) Section 3 comes into force on the 1st day of March, 1981.

5. The short title of this Act is The Insurance Amendment Act, 1980.

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BILL 165 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend
The Motor Vehicle Accident Claims Act

The Hon. Frank Drea
Minister of Consumer and Commercial Relations

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

Explanatory Notes

Section 1. — Subsection 1. The new section 22 (1) of the Act provides that
payments out of the Fund in respect of damages for injury or death caused by an
uninsured motor vehicle after the 1st day of March, 1981 may be made up to an
amount of $200,000. This increases the present maximum payment of $100,000.

The new section 21 (la)of the Act is a re-enactment of the former section 22 (1)
with the words "and before the 1st day of March, 1981" inserted after "the 1st day
of January, 1977". The effect is to leave unchanged the present maximum payment
in respect of an accident occurring prior to the 1st day of March, 1981.

BILL 165 1980

An Act to amend
The Motor Vehicle Accident Claims Act

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

1. — (1) Subsection 1 of section 22 of The Motor Vehicle Accident »• 22 (i),
Claims Act, being chapter 281 of the Revised Statutes of
Ontario, 1970, as re-enacted by the Statutes of Ontario, 1976,
chapter 76, section 1, is repealed and the following substituted
therefor:

(1) In respect of any application under section 5 or 6 for pay- Limits
ment of damages arising out of motor vehicle accidents occurring From Fund
in Ontario on or after the 1st day of March, 1981, and subject to
subsection 5 , the Minister shall not pay out of the Fund more than
the total amount of $200,000, exclusive of costs, for all damages on
account of injury or death to one or more persons, or loss of or
damage to property occasioned in Ontario by any one uninsured
motor vehicle and arising out of any one accident, provided that
any claims arising out of any loss of or damage to property shall
have priority over any claims arising out of any bodily injury or
death to the extent of $10,000, but in any event the Minister shall
not pay out of the Fund more than a total of $10,000 in respect of
all claims arising out of the loss of or damage to property
occasioned by any one uninsured vehicle and arising out of any
one accident.

(la) In respect of any application under section 5 or 6 for idem
payment of damages arising out of motor vehicle accidents occur-
ring in Ontario on or after the 1st day of January, 1977, and before
the 1st day of March, 1981, and subject to subsection 5, the
Minister shall not pay out of the Fund more than the total amount
of $100,000, exclusive of costs, for all damages on account of
injury or death to one or more persons, or loss of or damage to
property occasioned in Ontario by any one uninsured motor
vehicle and arising out of any one accident, provided that any
claims arising out of any loss of or damage to property shall have
priority over any claims arising out of any bodily injury or death to

the extent of $5 ,000, but in any event the Minister shall not pay out
of the Fund more than a total of $5,000 in respect of all claims
arising out of the loss of or damage to property occasioned by any
one uninsured vehicle and arising out of any one accident.

s. 22 (la),
renumbered

(2) Subsection la of the said section 22 , as enacted by the Statutes
of Ontario, 1976, chapter 76, section 1, is renumbered as
subsection lb.

s. 22 (S) (a),
re-enacted

(3) Clause a of subsection 5 of the said section 22 , as re-enacted by
the Statutes of Ontario, 1976, chapter 76, section 1, is repealed
and the following substituted therefor:

(a) arising out of motor vehicle accidents occurring in
Ontario on or after the 1st day of March, 1981, more
than $200,000, exclusive of costs, for all damages on
account of injury to one or more persons and the death of
one or more persons occasioned by any one uninsured
motor vehicle and arising out of any one accident; or

(aa) arising out of motor vehicle accidents occurring in
Ontario on or after the 1st day of January, 1977, and
before the 1st day of January, 1981, more than $100,000,
exclusive of costs, for all damages on account of injury to
one or more persons and the death of one or more persons
occasioned by any one uninsured motor vehicle and
arising out of any one accident; or

s. 22 (S) iaa),
relettered

(4) Clause aa of subsection 5 of the said section 22, as enacted by
the Statutes of Ontario, 1976, chapter 76, section 1, is relet-
tered as clause ab .

Commence-
ment

Short title

2. This Act comes into force on the 1st day of March, 1981.

3. The short title of this Act is The Motor Vehicle Accident Claims
Amendment Act, 1980.

Subsection 2. Self-explanatory.

Subsection 3 . Section 22 (5) of the Act sets out various limits to payments out
of the Fund in respect of judgments against the Superintendent where motor
vehicle accidents occurred within certain specified periods. The lead-in to subsec-
tion 5 reads as follows:

(S) Subject to subsection 6, the Minister shall not pay out of the Fund in
respect of judgments against the Superintendent for damages,

The new clause a permits payments out of the Fund up to a maximum of
$200,000 where there is a judgment against the Superintendent in respect of a
motor vehicle accident occurring after the 1st day of March, 1981. The present
maximum is $100,000.

The new clause aa is a re-enactment of the former clause a with the words "and
before the 1st day of March, 1981" inserted after "the 1st day of January, 1977".
The effect is to leave unchanged the present maximum payment in respect of an
accident occurring prior to the 1st day of March, 1981.

Subsection 4. Self-explanatory.

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BILL 165

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend
The Motor Vehicle Accident Claims Act

The Hon. Frank Drea

Minister of Consumer and Commercial Relations

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

BILL 165 1980

An Act to amend
The Motor Vehicle Accident Claims Act

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

1. — (1) Subsection 1 of section 22 of The Motor Vehicle Accident s. 22 (i),
Claims Act, being chapter 281 of the Revised Statutes of
Ontario, 1970, as re-enacted by the Statutes of Ontario, 1976,
chapter 76, section 1 , is repealed and the following substituted
therefor:

(1) In respect of any application under section 5 or 6 for pay- Limits
ment of damages arising out of motor vehicle accidents occurring from Fund
in Ontario on or after the 1st day of March, 1981, and subject to
subsection 5 , the Minister shall not pay out of the Fund more than
the total amount of $200,000, exclusive of costs, for all damages on
account of injury or death to one or more persons, or loss of or
damage to property occasioned in Ontario by any one uninsured
motor vehicle and arising out of any one accident, provided that
any claims arising out of any loss of or damage to property shall
have priority over any claims arising out of any bodily injury or
death to the extent of $10,000, but in any event the Minister shall
not pay out of the Fund more than a total of $10,000 in respect of
all claims arising out of the loss of or damage to property
occasioned by any one uninsured vehicle and arising out of any
one accident.

(la) In respect of any application under section 5 or 6 for ^dem
payment of damages arising out of motor vehicle accidents occur-
ring in Ontario on or after the 1st day of January, 1977, and before
the 1st day of March, 1981, and subject to subsection 5, the
Minister shall not pay out of the Fund more than the total amount
of $100,000, exclusive of costs, for all damages on account of
injury or death to one or more persons, or loss of or damage to
property occasioned in Ontario by any one uninsured motor
vehicle and arising out of any one accident, provided that any
claims arising out of any loss of or damage to property shall have
priority over any claims arising out of any bodily injury or death to

s. 22 (la),
renumbered

(2) Subsection la of the said section 22 , as enacted by the Statutes
of Ontario, 1976, chapter 76, section 1, is renumbered as
subsection lb.

s. 22 (5) (o),
re-enacted

(3) Clause a of subsection 5 of the said section 22 , as re-enacted by
the Statutes of Ontario, 1976, chapter 76, section 1, is repealed
and the following substituted therefor:

(aa) arising out of motor vehicle accidents occurring in
Ontario on or after the 1st day of January, 1977, and
before the Istday of January, 1981, more than $100,000,
exclusive of costs, for all damages on account of injury to
one or more persons and the death of one or more persons
occasioned by any one uninsured motor vehicle and
arising out of any one accident; or

s. 22 (5) (aa),
relettered

(4) Clause aa of subsection 5 of the said section 22, as enacted by
the Statutes of Ontario, 1976, chapter 76, section 1, is relet-
tered as clause ab .

Commence-
ment

Short title

2. This Act comes into force on the 1st day of March, 1981.

3. The short title of this Act is The Motor Vehicle Accident Claims
Amendment Act, 1980.

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BILL 166 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Non-resident
Agricultural Land Interests Registration Act, 1980

Mr. Donald C. MacDonald

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

Explanatory Note

This Bill amends The Non-resident Agricultural Land Interests Registration
Act, 1980 by requiring the Minister to appoint a Director to administer the Act and
by requiring the Minister to appoint inspectors to enforce the Act.

Furthermore, the Bill provides for a moratorium on the sale of agricultural
land in Ontario to non-resident persons for a period of time consistent with the time
requirements provided in the Act for the registration of agricultural land holdings
of non-resident persons. It also requires the Minister, after such registration has
been completed, to table a report in the Assembly on the extent of non-resident
agricultural land holdings in Ontario.

BILL 166 1980

An Act to amend The Non-resident Agricultural
Land Interests Registration Act, 1980

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

1 . Section 6 of The Non-resident Agricultural Land Interests *^' , .
Registration Act, 1980, being chapter 26, is amended by striking

out "may" in the first line and in the third line and inserting
in lieu thereof in each instance "shall".

2. Section 10 of the said Act is repealed and the following substituted * lo-

, _ re-enacted

therefor:

10 — (1) No person shall sell or agree to sell any agricultural Moratorium
land to a non-resident prior to the 31st day of December, 1981.

(2) As soon as possible after the 3 1st day of December, 1981 , the Report
Minister shall table in the Assembly a report stating the amount of
agricultural land in Ontario owned by non-resident persons.

3. This Act comes into force on the day it receives Royal Assent. Commence-

ment

4. The short title of this Act is The Non-resident Agricultural Land Short title
Interests Registration Amendment Act, 1980.

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BILL 167 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Chiropody Act

The Hon. D. R. Timbrell
Minister of Health

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

Explanatory Notes

Section 1 . The composition of the Board of Regents is changed from five
persons to not fewer than three and not more than seven persons.

Section 2. Section 3 of the Act authorizes the Board of Regents, with the
approval of the Lieutenant Governor in Council, to make regulations. New section
3a of the Act authorizes the Lieutenant Governor in Council to make, amend or
revoke a regulation if the Minister of Health has requested in writing that
the Board of Regents do so and the Board has failed to do so within sixty
days after the request.

BILL 167 1980

An Act to amend The Chiropody Act

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

1 . Subsection 1 of section 2 of The Chiropody Act, being chapter 70 of ^ 2 (i),
the Revised Statutes of Ontario, 1970, is repealed and the following "'^"^"^'^ ^
substituted therefor:

( 1) The Board of Regents is continued and shall be composed of Board of
not fewer than three and not more than seven persons appointed
by the Lieutenant Governor in Council.

2. The said Act is amended by adding thereto the following section: « ^a,

2>a. Where the Minister of Health requests in writing that the Regulations
Board make, amend or revoke a regulation under section 3 and the Lieutenant
Board has failed to do so within sixty days after the request, the ,^°coum;n
Lieutenant Governor in Council may make the regulation,
amendment or revocation specified in the request.

3. This Act comes into force on the day it receives Royal Assent. Commence-

•^ -^ ment

4 . The short title of this Act is The Chiropody Amendment Act, 1980. Short title

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BILL 167

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Chiropody Act

The Hon. D. R. Timbrell
Minister of Health

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

BILL 167 1980

An Act to amend The Chiropody Act

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

1 . Subsection 1 of section 2 of The Chiropody Act, being chapter 70 of s 2 (D,
the Revised Statutes of Ontario, 1970, is repealed and the following ""^'^"^ ^
substituted therefor:

(1) The Board of Regents is continued and shall be composed of Board of
not fewer than three and not more than seven persons appointed ^^^"
by the Lieutenant Governor in Council.

2. The said Act is amended by adding thereto the following section: s. 3a,

3a . Where the Minister of Health requests in writing that the Regulations
Board make, amend or revoke a regulation under section 3 and the Lieutenant
Board has failed to do so within sixty days after the request, the j^^coTndi
Lieutenant Governor in Council may make the regulation,
amendment or revocation specified in the request.

3. This Act comes into force on the day it receives Royal Assent. Commence-

■' ■' ment

4 . The short title of this Act is The Chiropody Amendment Act, 1980. Short title

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BILL 168 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Juries Act, 1974

The Hon. R. McMurtry
Attorney General

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

Explanatory Notes

Section 1. The amendment makes persons seventy years of age or more
eligible to serve as jurors.

Section 2. — Subsection 1. The amendment addsjusticesofthe peace to the
persons ineligible to serve on juries.

Subsection 2. The amendment makes members of a religious order eligible
to serve as jurors. The provision repealed reads as follows:

3. — (1) The following persons are ineligible to serve as jurors:

8. Every ordained minister, priest or clergyman under any form or
profession or of any faith or worship, licensed to perform mar-
riages in Ontario.

9. Every person who is a member of a religious order vowed to live in
a convent, monastery or other like religious community.

Section 3. — Subsection 1 . The amendment makes blind persons eligible to
serve as jurors.

Subsection 2. The new provision permits blind persons and persons over
seventy years of age to elect not to serve as jurors.

Section 4. Complementary to section 1 of the Bill.

BILL 168 1980

An Act to amend The Juries Act, 1974

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

1. Clause c of section 2 of The Juries Act, 1974, being chapter 63, is »• 2 (c),
amended by striking out "and had not attained the age of sixty-nine
years or more" in the third and fourth lines.

2. — (1) Paragraph 3 of subsection 1 of section 3 of the said Act is ^j^^^]^'
amended by adding at the end thereof "and every justice of the amended
peace".

(2) Paragraphs 8 and 9 of subsection 1 of the said section 3 are ^ J^^^^' g

repealed. repealed

3. — (1) Clauses a and 6 of section 4 of the said Act are repealed and the s. 4(a),

following substituted therefor: TT^, ^ '

repealed

(a) has a physical or mental disability that would seriously
impair his ability to discharge the duties of a juror.

(2) The said section 4 is amended by adding thereto the following ^jj^g'^^gj
subsection:

(2) Every person is ineligible to serve as a juror, who, for bfindness

or age

(a) in the year preceding the year for which the jury is
selected had attained the age of sixty-nine years or more;
or

{b) is blind,

and has indicated on his return to the jury service notice that he
does not wish to serve as a juror.

4. Clause b of subsection 2 of section 6 of the said Act is amended by * ^ ^^J 5^'

. amended

striking out "and are not of and will not attain the age of sixty-nme
years or more" in the third and fourth lines.

s. 21 (2),
re-enacted

Excusing
of jurors

5. Subsection 2 of section 21 of the said Act is repealed and the
following substituted therefor:

(2) The sheriff may excuse any person summoned for a jury
sittings on the ground,

(a) of illness; or

(b) that serving as a juror may cause serious hardships or
loss to him or others,

but unless the local judge of the High Court directs otherwise and
notwithstanding any other provision of this Act, such person shall
be included in a panel to be returned for a sittings later in the year
or, where there are not further sittings in that year, in a panel to be
returned for a sittings in the year next following.

s. 25,
re-enacted

6. Section 25 of the said Act is repealed and the following substituted
therefor:

Excusing of
juror for
religious
reasons

25 . — (1) A person summoned for jury duty may be excused by a
judge from service as a juror on the ground that service as a juror
is incompatible with the beliefs or practices of a religion or religi-
ous order to which he belongs.

Excusing of
jurors for
illness or
hardship

(2) A person summoned for jury duty may be excused by a
judge from attending the sittings on the ground,

(a) of illness; or

(b) that serving as a juror may cause serious hardships or
loss to him or others,

and the judge may excuse the person from all service as a juror, or
the judge may direct that the service of a person excused be
postponed and that notwithstanding any provision of this Act, he
be included in a panel to be returned for a sittings later in that year
or in a panel to be returned for a sittings in the year next following.

Application

for

excusing

(3) A person summoned for jury service may be excused under
subsection 1 or 2,

(a) before the day for attendance by the local judge of the
High Court;

(b) on or after the day for attendance, by the judge presiding
at the sittings,

and the application to be excused may be made to the sheriff.

Section 5 . The provision that is proposed to be re-enacted reads the same
as the present provision except that clause b of the proposed provision takes the
place of the word "hardship".

Section 6. Provision is made for persons having religious conscientious
objection or illness or hardship to be excused from jury duty by the judge.

Section 7. Self-explanatory.

7. The said Act is amended by adding thereto the following section: « 44a,

enacted

44a. — (1) Every employer shall grant to an employee who is i>eave of
summoned for jury service a leave of absence, with or without from"'^^
pay, sufficient for the purpose of the discharge of the employee's employment
duties, and, upon the employee's return, the employer shall
reinstate the employee to his position, or provide him with alter-
native work of a comparable nature at not less than his wages at
the time his leave of absence began and without loss of seniority or
benefits accrued to the commencement of his leave of absence.

(2) An employer who fails to comply with subsection 1 is liable Liability
to the employee for any loss occasioned by the breach of his employer
obligation. ^°^ ^^

(3) Every employer who, directly or indirectly, Penalty

reprisals

(a) threatens to cause or causes an employee loss of position,
or employment; or

(b) threatens to impose or imposes on an employee any
pecuniary or other penalty,

because of his response to a summons, or his service as a juror, is
guilty of an offence and on conviction is liable to a fine of not more
than $5,000 or to imprisonment for a term of not more than three
months, or to both.

8. This Act comes into force on the day it receives Royal Assent. Commence-

-^ -^ ment

9. The short title of this Act is The Juries Amendment Act, 1980. short title

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BILL 168

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Juries Act, 1974

The Hon. R. McMurtry
Attorney General

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

BILL 168 1980

An Act to amend The Juries Act, 1974

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

1. Clause c of section 2 of The Juries Act, 1974, being chapter 63, is s. 2 (c),
amended by striking out "and had not attained the age of sixty-nine ^^^^
years or more" in the third and fourth lines.

2. — (1) Paragraph 3 of subsection 1 of section 3 of the said Act is ^3^^]^'
amended by adding at the end thereof "and every justice of the amended
peace".

(2) Paragraphs 8 and 9 of subsection 1 of the said section 3 are ^^3*^3 9

repealed. repealed

3. — (1) Clauses a and 6 of section 4 of the said Act are repealed and the s. 4(a),

following substituted therefor: "^I'T^^,^ '

repealed

(a) has a physical or mental disability that would seriously
impair his ability to discharge the duties of a juror.

(2) The said section 4 is amended by adding thereto the following ^^^g'^jjej
subsection:

(2) Every person is ineligible to serve as a juror, who, for bfindness

or age

(a) in the year preceding the year for which the jury is
selected had attained the age of sixty-nine years or more;
or

(6) is blind,

and has indicated on his return to the jury service notice that he
does not wish to serve as a juror.

. Clause b of subsection 2 of section 6 of the said Act is amended by * ^ ^^} ^''''

. amended

striking out "and are not of and will not attain the age of sixty-nme
years or more" in the third and fourth lines. .uo

s. 21 (2),
re-enacted

5. Subsection 2 of section 21 of the said Act is repealed and the
following substituted therefor:

Excusing
of jurors

(2) The sheriff may excuse any person summoned for a jury
sittings on the ground,

(a) of illness; or

(6) that serving as a juror may cause serious hardships or
loss to him or others,

s. 25,
re-enacted

6. Section 25 of the said Act is repealed and the following substituted
therefor:

Excusing of
juror for
religious

Excusing of
jurors for
illness or
hardship

(2) A person summoned for jury duty may be excused by a
judge from attending the sittings on the ground,

(a) of illness; or

(b) that serving as a juror may cause serious hardships or
loss to him or others,

Application

for

excusing

(3) A person summoned for jury service may be excused undei
subsection 1 or 2,

(a) before the day for attendance by the local judge of th
High Court;

(b) on or after the day for attendance, by the judge presidi
at the sittings.

and the application to be excused may be made to the sheriff.

7. The said Act is amended by adding thereto the following section: « 44a,

enacted

44a. — (1) Every employer shall grant to an employee who is Leave of
summoned for jury service a leave of absence, with or without from
pay, sufficient for the purpose of the discharge of the employee's employment
duties, and, upon the employee's return, the employer shall
reinstate the employee to his position, or provide him with alter-
native work of a comparable nature at not less than his wages at
the time his leave of absence began and without loss of seniority or
benefits accrued to the commencement of his leave of absence.

(2) An employer who fails to comply with subsection 1 is liable Liability
to the employee for any loss occasioned by the breach of his employer
obligation. J-^^^j^

(3) Every employer who, directly or indirectly, Penalty

reprisals

(a) threatens to cause or causes an employee loss of position,
or employment; or

(b) threatens to impose or imposes on an employee any
pecuniary or other penalty,

8. This Act comes into force on the day it receives Royal Assent. Commence-

-^ ment

9. The short title of this Act is The Juries Amendment Act, 1980. Short title

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BILL 169 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for
Liability for Injuries caused by Dogs

The Hon. R. McMurtry
Attorney General

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

Explanatory Note

The Bill would replace the present Vicious Dogs Act which provides for the
destruction of a dog that has bitten a person. The Vicious Dogs Act has remained
unchanged since its enactment in 1931.

The Bill would make the owner civilly liable for damages resulting from an
attack by his dog. The liability does not depend on negligence and the common law
principle of scienter requiring foreknowledge of the dog's vicious propensity is
removed. The owner's liability is reduced by the extent to which the victim's own
fault or negligence caused the attack and the owner is entitled to contribution or
indemnity from any other person at fault.

A procedure for ordering destruction of the dog is retained with guidelines for
the court to consider.

BILL 169 1980

An Act to provide for Liability
for Injuries caused by Dogs

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, "owner", when used in relation to a dog, interpre-
includes a person who possesses or harbours the dog and, where
the owner is a minor, the person responsible for the custody of the
minor.

2. — (1) The owner of a dog is liable for damages resulting from Liability
a bite or attack by the dog on another person.

(2) Where there is more than one owner of a dog, they are Where more
jointly and severally liable under this section. owner

(3) The liability of the owner does not depend upon scienter or Extent of
fault or negligence on the part of the owner, but the court shall
reduce the damages awarded in proportion to the degree, if any, to
which the fault or negligence of the plaintiff caused or contributed

to the damages.

(4) An owner who is liable to pay damages under this section is Contribution
entitled to recover contribution and indemnity from any other fauk^*^^"" ^
person in proportion to the degree to which the other person's fault

or negligence caused or contributed to the damages.

3. — (1) Where damage is caused by being bitten or attacked by Application
a dog on the premises of the owner, the liability of the owner is i980, c. u
determined under this Act and not under The Occupiers' Liability
Act, 1980.

(2) Where a person is on premises with the intention of com- Protection
mitting, or in the commission of, a criminal act on the premises property
and incurs damage caused by being bitten or attacked by a dog,
the owner is not liable under section 2 unless the keeping of the
dog on the premises was unreasonable for the purpose of the
protection of persons or property.

Proceeding
against
owner of
dog
1979, c. 4

4. — (1) Where it is alleged that a dog has bitten or attacked a
person, a proceeding may be commenced against the owner of the
dog and the proceeding is one to which Part VIII oiThe Provincial
Offences Act, 1979 applies.

Order (2) Where, in a proceeding under subsection 1, the provincial

offences court finds that the dog has bitten or attacked a person,
and the court is satisfied that the destruction of the dog is neces-
sary for the protection of the public, the court may order that the
dog be destroyed in such manner as is provided for in the order.

Considera-
tions

(3) In determining whether it is necessary to destroy a dog for
the protection of the public, the court may take into consideration
the following circumstances:

1 . The past and present temperament and behaviour of the
dog.

2. The seriousness of the injuries caused by the biting or
attack.

3. Unusual contributing circumstances tending to justify
the action of the dog.

4. The improbability that a similar attack will be repeated.

5. The dog's physical potential for inflicting harm.

6. Precautions taken by the owner to preclude similar
attacks in the future.

7. Any other circumstances that the court considers to be
relevant.

R.S.O. 1970,
c. 482,
repealed

5. — (1) The Vicious Dogs Act, being chapter 482 of the Revised
Statutes of Ontario, 1970, is repealed.

Application
of repeal

(2) Notwithstanding subsection 1, The Vicious Dogs Act con-
tinues to apply in respect of bites of dogs incurred before this Act
comes into force.

Commence-
ment

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

Short title 7 . The short title of this Act is The Dog Owners' Liability Act,

1980.

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BILL 169 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for
Liability for Injuries caused by Dogs

The Hon. R. McMurtry
Attorney General

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

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

Explanatory Note

The Bill would replace the present Vicious Dogs Act which provides for the
destruction of a dog that has bitten a person. The Vicious Dogs Act has remained
unchanged since its enactment in 1931.

A procedure for ordering destruction of the dog is retained with guidelines for
the court to consider.

BILL 169 1980

An Act to provide for Liability
for Injuries caused by Dogs

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, "owner", when used in relation to a dog, interpre
includes a person who possesses or harbours the dog and, where
the owner is a minor, the person responsible for the custody of the
minor.

2 . — ( 1) The owner of a dog is liable for damages resulting from lability
a bite or attack by the dog on another person.

tation

of owner

(2) Where there is more than one owner of a dog, they are where more
jointly and severally liable under this section.

owner

(3) The liability of the owner does not depend upon scienter or Extent of
fault or negligence on the part of the owner, but the court shall '* ' '^^
reduce the damages awarded in proportion to the degree, if any, to
which the fault or negligence of the plaintiff caused or contributed

to the damages.

(4) An owner who is liable to pay damages under this section is Contribution
entitled to recover contribution and indemnity from any other fauk^"^^"" ^
person in proportion to the degree to which the other person's fault

or negligence caused or contributed to the damages.

3. — (1) Where damage is caused by being bitten or attacked by Application
a dog on the premises of the owner, the liability of the owner is i98o, c. u
determined under this Act and not under The Occupiers' Liability
Act, 1980.

Proceeding
against
owner of
dog
1979, c. 4

Order

4. — (1) Where it is alleged that a dog has bitten or attacked a
person, a proceeding may be commenced against the owner of the
dog and the proceeding is one to which Part VIII of The Provincial
Offences Act, 1979 applies.

(2) Where, in a proceeding under subsection 1, the provincial
offences court finds that the dog has bitten or attacked a person,
and the court is satisfied that an order is necessary for the protec-
tion of the public, the court may order,

(a) that the dog be destroyed in such manner as is provided
in the order; or

Considera-
tions

(6) that the owner of the dog take such steps as are provided
in the order for the more effective control of the rloLv

(3) In exercising its powers to make an order under subsection
2, the court may take into consideration the follow iim
circumstances: "^Pl

1 . The past and present temperament and behaviour of the
dog.

2. The seriousness of the injuries caused by the biting or
attack.

3. Unusual contributing circumstances tending to justify
the action of the dog.

4. The improbability that a similar attack will be repeated.

5. The dog's physical potential for inflicting harm.

6. Precautions taken by the owner to preclude similar
attacks in the future.

7. Any other circumstances that the court considers to be
relevant.

Penalty (4) An owner who Contravenes an Order made Under subsection

2 is guilty of an offence and on conviction is liable to a fine not
exceeding $2,000. "^1

5. — (1) The Vicious Dogs Act, being chapter 482 of the Revised

R.S.O. 1970,

repealed Statutes of Ontario, 1970, is repealed.

Application
of repeal

(2) Notwithstanding subsection 1, The Vicious Dogs Act con-
tinues to apply in respect of bites of dogs incurred before this Act
comes into force.

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

» , ment

Assent.

7. The short title of this Act is The Dog Owners' Liability Act, Short title
1980.

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BILL 169

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for
Liability for Injuries caused by Dogs

The Hon. R. McMurtry
Attorney General

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

BILL 169 1980

An Act to provide for Liability
for Injuries caused by Dogs

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

2. — (1) The owner of a dog is liable for damages resulting from Liability
a bite or attack by the dog on another person.

(2) Where there is more than one owner of a dog, they are Where more
jointly and severally liable under this section. owner "^

(3) The liability of the owner does not depend upon scienter or Extent of
fault or negUgence on the part of the owner, but the court shall '^ ' '^^
reduce the damages awarded in proportion to the degree, if any, to
which the fault or negligence of the plaintiff caused or contributed

to the damages.

(4) An owner who is liable to pay damages under this section is Contribution
entitled to recover contribution and indemnity from any other fauu'^'^ °" ^
person in proportion to the degree to which the other person's fault

or negligence caused or contributed to the damages.

Proceeding
against
owner of
dog

1979, c. 4

Order

(a) that the dog be destroyed in such manner as is provided
in the order; or

{b) that the owner of the dog take such steps as are provided
in the order for the more effective control of the dog.

Considera-
tions

(3) In exercising its powers to make an order under subsection
2, the court may take into consideration the following
circumstances:

1 . The past and present temperament and behaviour of the
dog.

2. The seriousness of the injuries caused by the biting or
attack.

3. Unusual contributing circumstances tending to justify
the action of the dog.

4. The improbability that a similar attack will be repeated.

5. The dog's physical potential for inflicting harm.

6. Precautions taken by the owner to preclude similar
attacks in the future.

7. Any other circumstances that the court considers to be
relevant.

Penalty (4) An owner who contravenes an order made under subsection

2 is guilty of an offence and on conviction is liable to a fine not
exceeding $2,000.

5. — (1) The Vicious Dogs Act, being chapter 482 of the Revised

R.S.O. 1970,

repealed Statutes of Ontario, 1970, is repealed.

Application
of repeal

(2) Notwithstanding subsection 1, The Vicious Dogs Act con-
tinues to apply in respect of bites of dogs incurred before this Act
comes into force.

6. This Act comes into force on the day it receives Royal Commence-
Assent. "^^"^

7. The short title of this Act is The Dog Owners' Liability Act Short title
1980.

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BILL 170 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to erect
the Township of Gloucester into a City Municipality

The Hon. T. L. Wells
Minister of Intergovernmental Affairs

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

Explanatory Note

The purpose of this Bill is to erect the Township of Gloucester into a city
municipality effective January 1st, 1981.

BILL 170 1980

An Act to erect the Township of
Gloucester into a City Municipality

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 Township of Gloucester is erected Township of
into a city municipality bearing the name of The Corporation of erected into
the City of Gloucester. municipality

2. Sections 17, 19 and 22 of The Municipal Act apply with Application
necessary modifications in respect of the erecting of the Township r.s.o. i97o,
of Gloucester into a city municipality. ^^ ^'^' jg 22

3 . A reference in any general or special Act to The Corporation ?,^^^j^^g"/^*
of the Township of Gloucester or to the Township of Gloucester Acts
shall be deemed to be a reference to The Corporation of the City of
Gloucester and to the City of Gloucester, respectively.

4.— (1) On the 1st day of January, 1981, the reeve of the J^^yo""
Township of Gloucester shall be the mayor of the City of aldermen
Gloucester and the councillors of the Township shall be aldermen
of the City.

(2) Notwithstanding subsection 1 of section 28 oiThe Munici- Composition

, , - -1 r °' subsequent

pal Act, on and after the 1st day of December, 1982, the council of councils
the City of Gloucester shall consist of a mayor and six aldermen all R so. 1970,

cc 284 407

to be elected by general vote until such time as the City is divided
into wards or the composition of the council is varied by an order
of the Ontario Municipal Board under section 7a oiThe Regional
Municipality of Ottawa-Carleton Act.

5 . For the purpose of the calculation and payment of grants by Grants
the Ministry of Transportation and Communications to the City of
Gloucester for the years 1981 and 1982 in respect of the construc-
tion of an overpass by the City over that part of the King's
Highway known as Number 17 at Orleans Boulevard, the City
shall be deemed to be a township municipality.

Speed limits
continued

6. — (1) For the purposes of section 82 of The Highway Traffic
Rso 1970 ^^^' ^^^ ^^^y ^^ Gloucester shall be deemed to be a township
c. 202 municipality.

By-laws of
Regional
Council and
City council

(2) Every by-law in force in the City under any provision of
section 82 of The Highway Traffic Act that applies, on the 1st day
of January, 1981, to any highway or portion thereof in the City,
shall continue to apply until a by-law passed by the council of The
Regional Municipality of Ottawa-Carleton, or the council of the
City, under the said section 82 applies thereto.

Idem (3) The consolidation of any by-laws in which the provisions of

f 20? ^'^^^' section 82 of The Highway Traffic Act are incorporated, without
amendment, shall be deemed not to be affected by subsection 2.

Commence-
ment

Short title

7. This Act comes into force on the 1st day of January, 1981.

8. The short title of this Actisr/?eCi^yo/G/owce5^er^c^, 1980.

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BILL 170

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to erect
the Township of Gloucester into a City Municipality

The Hon. T. L. Wells
Minister of Intergovernmental Affairs

TORONTO

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

BILL 170 1980

An Act to erect the Township of
Gloucester into a City Municipality

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 Township of Gloucester is erected Township of

..1.1 . r rr«i /-^ • r "lOUCestCr

into a city municipality bearing the name of 1 he Corporation of erected into
the City of Gloucester. municipality

3. A reference in any general or special Act to The Corporation References
of the Township of Gloucester or to the Township of Gloucester Acts
shall be deemed to be a reference to The Corporation of the City of
Gloucester and to the City of Gloucester, respectively.

4.— (1) On the 1st day of January, 1981, the reeve of the Mayor
Township of Gloucester shall be the mayor of the City of aldermen
Gloucester and the councillors of the Township shall be aldermen
of the City.

(2) Notwithstanding subsection 1 of section 28 of The Munici- Composition

' " r 1 •! r °' subsequent

pal Act, on and after the Istday of December, 1982, the council of councils
the City of Gloucester shall consist of a mayor and six aldermen all R so. i97o,

. . . . cc 284 407

Speed limits
continued
R.S.O. 1970,
c. 202

By-laws of
Regional
Council and
City council

6. — (1) For the purposes of section 82 of The Highway Traffic
Act, the City of Gloucester shall be deemed to be a township
municipality.

(2) Every by-law in force in the City under any provision of
section 82 oiThe Highway Traffic Act that applies, on the 1st day
of January, 1981, to any highway or portion thereof in the City,
shall continue to apply until a by-law passed by the council of The
Regional Municipality of Ottawa-Carleton, or the council of the
City, under the said section 82 applies thereto.

Wem (3) The consolidation of any by-laws in which the provisions of

f 20? ^^^°' section 82 oiThe Highway Traffic Act are incorporated, without
amendment, shall be deemed not to be affected by subsection 2.

Commence- 7. TMs Act comes into force ou the Ist day of January, 1981 .

Short title 8. The shorttitleoi this ActisThe City of Gloucester Act, 1980.

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BILL 171 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for the Validation of Certain
Adoption Orders made under The Child Welfare Act, 1978

The Hon. K. C. Norton
Minister of Community and Social Services

I =

I TORONTO

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

Explanatory Note

The purpose of the Bill is to make it clear that an adoption order that was
made by the Supreme Court or a county or district court with respect to a
proceeding commenced before The Child Welfare Act, 1978 came into force is a
valid order notwithstanding that the order was not made by a provincial court
(family division) or the Unified Family Court.

BILL 171 1980

An Act to provide for the Validation of Certain
Adoption Orders made under The Child Welfare

Act, 1978

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

1. No adoption order made on or after the 15th day of June, i^^^- ^ ^^
1979 by the Supreme Court or a county or district court in
proceedings commenced before the 15th day of June, 1979, being

the day The Child Welfare Act, 1978, being chapter 85, came into
force, shall be invalid solely because the order was not made by a
provincial court (family division) or the Unified Family Court.

2. This Act comes into force on the day it receives Royal Commence-

•^ -^ ment

Assent.

3. The short title of this Act is The Child Welfare Validation of Short title
Adoption Orders Act, 1980.

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BILL 171

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for the Validation of Certain
Adoption Orders made under The Child Welfare Act, 1978

The Hon. K. C. Norton
Minister of Community and Social Services

I TORONTO

\t Printed by J. C. Thatcher, Queen's Printer for Ontario

BILL 171 1980

An Act to provide for the Validation of Certain
Adoption Orders made under The Child Welfare

Act, 1978

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

1. No adoption order made on or after the 15th day of June, ^978, c. 85
1979 by the Supreme Court or a county or district court in
proceedings commenced before the 15th day of June, 1979, being

the day The Child Welfare Act, 1978, being chapter 85, came into
force, shall be invalid solely because the order was not made by a
provincial court (family division) or the Unified Family Court.

2. This Act comes into force on the day it receives Royal Commence-

■^ -^ ment

Assent.

3. The short title of this Act is The Child Welfare Validation of Short title
Adoption Orders Act, 1980.

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BILL 172 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Municipal Affairs Act

The Hon. T. L. Wells
Minister of Intergovernmental Affairs

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

Explanatory Note

Section S3 of the Act now reads as follows:

53. Notwithstanding the other provisions of this Act or any other Act, where
land in respect of which a tax arrears certificate has been registered has
become vested in the municipality and the period for redemption has
expired and where the land has not been sold or conveyed and has not
been declared by by-law to be required for the purposes of the municipali-
ty, any person to whom notice was sent under subsection 4 of section 47,
with the approval of the Ministry, is entitled at any time to a conveyance
of the land upon payment of the full amount that would have been payable
in respect of taxes, interest and penalties had the land not become vested
in the municipality, together with the amount with interest thereon of any
expenditure incurred for repairs and insurance and together with the
costs in connection with such vesting and of the conveyance.

As the section now reads, the person paying the arrears of taxes under the
circumstances set out is entitled, with the approval of the Ministry, to a conveyance
of the land. As re-enacted, the Ministry may, where it appears just to do so, direct
instead the registration of a redemption certificate, thereby vesting the land in the
persons who would be entitled thereto if the tax arrears certificate had not been
registered, according to their respective interests. If the land is redeemed by a
person other than the owner that person has a lien upon the owner's interest in the
land for the amount paid.

BILL 172 1980

An Act to amend
The Municipal Affairs Act

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

1. Section 53 of The Municipal Affairs Act, being chapter 118 of the s. S3,
Revised Statutes of Ontario, 1970, as amended by the Statutes of "^ ' "^
Ontario, 1974, chapter 111, section 3, is repealed and the following
substituted therefor:

53. Notwithstanding the other provisions of this Act or any Redemption
other Act, where land in respect of which a tax arrears certificate o" ' '^^ ^
has been registered has become vested in the municipality and the conveyance
period for redemption set out in section 49 has expired and where
the land has not been sold or conveyed and has not been declared
by by-law to be required for the purposes of the municipality, the
Ministry, on the application of any person to whom notice was
sent under subsection 4 of section 47, shall direct the treasurer of
the municipality, upon payment by the applicant of the full
amount that would have been payable in respect of taxes, interest
and penalties had the land not become vested in the municipality,
together with the amount with interest thereon of any expenditure
incurred for repairs and insurance and together with the costs in
connection with such vesting, to either,

(a) register in the land registry office a redemption certifi-
cate in respect of the land in Form 3; or

(6) convey the land to the applicant,

as the Ministry considers just in the circumstances, and where a
redemption certificate is registered under clause a, subsections 2
and 3 of section 49 apply with necessary modifications.

2. This Act shall be deemed to have come into force on the 16th day of Commence-
October, 1980. '"'"'

3. The short title of this Act is The Municipal Affairs Amendment Act, Short title
1980.

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BILL 172 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Municipal Affairs Act

The Hon. T. L. Wells
Minister of Intergovernmental Affairs

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

TORONTO

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

Explanatory Notes

Section 1. Subsection 3 of section 49 of the Act as it now reads is set out
below:

(3) If land is redeemed by any person entitled to redeem the land other than
the owner, such person has a lien upon the owner's interest thereinfor the
amount paid to redeem the land.

The effect of the re-enactment will be to give to a person, other than the
owner, who pays the arrears of taxes owing to obtain a redemption certificate a lien
for the amount paid that ranks ahead of the claim of any other encumhraiui. r.

Section 2. Section S3 of the Act now reads as follows:

BILL 172 1980

An Act to amend
The Municipal Affairs Act

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

1. Subsection 3 of section 49 of The Municipal Affairs Act, beings 49(3),
chapter 118of the Revised Statutes of Ontario, 1970, is repealed and

the following substituted therefor:

(3) If land is redeemed by any person entitled to redeem the ^'^" °" . ^

11 1-1 ri redemption bv

land other than the owner, such person has a hen thereon for the other than
amount paid to redeem the land and the lien has priority over the °^"^''
interest in the land of any other person to whom notice was sent
under subsection 4 of section 47. ""^S

2. Section 53 of the said Act, as amended by the Statutes of Ontario, re-enacted
1974, chapter 111, section 3, is repealed and the following substi-
tuted therefor:

SZ. Notwithstanding the other provisions of this Act or any Redemption
other Act, where land in respect of which a tax arrears certificate of
has been registered has become vested in the municipality and the conveyance
period for redemption set out in section 49 has expired and where
the land has not been sold or conveyed and has not been declared
by by-law to be required for the purposes of the municipality, the
Ministry, on the application of any person to whom notice was
sent under subsection 4 of section 47, shall direct the treasurer of
the municipality, upon payment by the applicant of the full
amount that would have been payable in respect of taxes, interest
and penalties had the land not become vested in the municipality,
together with the amount with interest thereon of any expenditure
incurred for repairs and insurance and together with the costs in
connection with such vesting, to either,

(a) register in the land registry office a redemption certifi-
cate in respect of the land in Form 3; or

{h) convey the land to the applicant.

as the Ministry considers just in the circumstances, and where a
redemption certificate is registered under clause a , subsections 2
and 3 of section 49 apply with necessary modifications.

Commence- 3. This Act shall be deemed to have come into force on the 16th day of

""""' October, 1980.

Short title 4 . The short title of this Act is The Municipal Affairs Amendment Act,

1980.

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BILL 172

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Municipal Affairs Act

The Hon. T. L. Wells
Minister of Intergovernmental Affairs

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

■ 1 !r\

BILL 172 1980

An Act to amend
The Municipal Affairs Act

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

1. Subsection 3 of section 49 of The Municipal Affairs Act, being ^^q (3),
chapter 1 18 of the Revised Statutes of Ontario, 1970, is repealed and

the following substituted therefor:

(3) If land is redeemed by any person entitled to redeem the ^'^" °" . ,

1111 1 11 1-1 ri redemption b\'

2. Section 53 of the said Act, as amended by the Statutes of Ontario, re.enacted
1974, chapter 111, section 3, is repealed and the following substi-
tuted therefor:

53. Notwithstanding the other provisions of this Act or any Redemption

111- <-i-i ■ r- certificate

Other Act, where land in respect of which a tax arrears certiiicate of
has been registered has become vested in the municipality and the conveyance
period for redemption set out in section 49 has expired and where
the land has not been sold or conveyed and has not been declared
by by-law to be required for the purposes of the municipality, the
Ministry, on the application of any person to whom notice was
sent under subsection 4 of section 47, shall direct the treasurer of
the municipality, upon payment by the applicant of the full
amount that would have been payable in respect of taxes, interest
and penalties had the land not become vested in the municipality,
together with the amount with interest thereon of any expenditure
incurred for repairs and insurance and together with the costs in
connection with such vesting, to either,

(a) register in the land registry office a redemption certifi-
cate in respect of the land in Form 3; or

Q)) convey the land to the applicant.

Commence-
ment

as the Ministry considers just in the circumstances, and where a
redemption certificate is registered under clause a , subsections 2
and 3 of section 49 apply with necessary modifications.

3. This Act shall be deemed to have come into force on the 16th day of
October, 1980.

Short title 4 . The short title of this Act is The Municipal Affairs Amendment A ct,

1980.

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BILL 173 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend The Education Act, 1974

Mr. Martel

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

Explanatory Note

The purpose of the Bill is to authorize the apportionment of school
rates between public and separate schools in the case of a mixed marriage
where the husband and wife own or lease rateable property jointly.

BILL 173 1980

An Act to amend The Education Act, 1974

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

1. Section 122 of The Education Act, 1974, being chapter 109, is ^ 122

II- 1 r 11 • • amended

amended by addmg thereto the foUowmg subsection:

(3) Where more than one owner or tenant is the occupant or J"'"^ , .

11 ownership,

tenant of land, each owner or tenant shall be deemed to be a tenancy,
person primarily liable for the payment of school rates and for ^^*^
determining whether those rates shall be applied to public or
separate school purposes and, in such case, the owners or tenants
who are primarily liable for the payment of school rates may
determine that the application of the rates shall be apportioned
between public and separate school purposes.

2. This Act comes into force on the day it receives Royal Assent. Commence-

•' •' ment

3. The short title of this Act is The Education Amendment Act, 1980. short title

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BILL 174 Private Member's Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act respecting the
Sale and Repair of Motor Vehicles in Ontario

Mr. Samis

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

Explanatory Note

The purpose of the Bill is to provide protection for purchasers of used cars and
consumers of car repair services. The Bill requires a motor vehicle dealer to affix a
notice containing useful information for potential purchasers to every used motor
vehicle offered for sale. The Bill sets out a statutory warranty covering the sale of
used motor vehicles. The Bill also contains provisions requiring a motor vehicle
repair station operator to provide to consumers an accurate estimate of the costs of
repairs. This estimate, if accepted by the consumer, becomes binding on the repair
station operator. The Bill also contains a statutory guarantee for repairs. The Bill is
based upon provisions of the Quebec Consumer Protection Act.

BILL 174 1980

An Act respecting the Sale and
Repair of Motor Vehicles in Ontario

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

1 . In this Act, Interpre

tation

(a) "motor vehicle" means an automobile, truck or other
vehicle propelled or driven otherwise than by muscular
power, including a motorcycle, but not including a
motorized snow vehicle or a farm tractor or other self-
propelled machinery primarily intended for farming or
construction purposes;

(b) "motor vehicle dealer" means a person who carries on
the business of buying or selling motor vehicles, whether
for his own account or the account of any other person,
or who holds himself out as carrying on the business of
buying or selling motor vehicles;

(c) "motor vehicle repair station" means a premises main-
tained and operated for the purpose of carrying on the
business of repairing motor vehicles;

(d) "repair station operator" means a person who owns or
operates a motor vehicle repair station, and includes a
motor vehicle dealer.

2. A motor vehicle dealer shall affix a notice on every used Notice
motor vehicle that the dealer offers for sale and the notice shall be

so affixed that it may be read entirely from outside the motor
vehicle.

3. The notice shall disclose,

(a) the price at which the used motor vehicle is offered for
sale;

Content of
notice

(b) the number of miles or kilometres registered on the
odometer and the number of miles or kilometres actu-
ally travelled by the motor vehicle, if different from that
indicated on the odometer;

(d) where applicable, the fact that the motor vehicle has
been used as a taxi-cab, a driving school vehicle, a police
car, an ambulance, a leased automobile, an automobile
for customers or as a demonstrator and the identity of
every business or of every public agency that owned the
motor vehicle or leased it on a long-term basis;

(e) where applicable, every repair done on the used motor
vehicle since it has been in the possession of the dealer;

(/) the class of the motor vehicle, as set out in section 7;

(g ) the nature of the warranty offered by the motor vehicle
dealer;

{h ) that the motor vehicle dealer shall, at the request of the
consumer, provide the consumer with the name and
telephone number of the most recent owner of the motor
vehicle.

Notice
part of
contract
Idem

Contract

R.S.O. 1970,
c. 47S

4. — (1) A copy of the notice shall be attached to the contract.

(2) All the information disclosed on the notice except the price
at which the motor vehicle is offered for sale and the terms of the
warranty, form an integral part of the contract.

5. The contract for the purchase and sale of a motor vehicle
shall indicate,

(a) the place and date of the contract;

(b) the name and address of the consumer and of the motor
vehicle dealer;

(d) the terms of the warranty;

(e) all other information required to be included on a sales or
purchase order by or under The Motor Vehicle Dealers
Act.

6. The sale of a used motor vehicle carries with it a warranty Warranty
that the motor vehicle will remain in good working condition,

(a) for a period of six months or 10,000 kilometres,
whichever occurs first, in the case of a class A motor
vehicle;

(b) for a period of three months or 5,000 kilometres,
whichever occurs first, in the case of a class B motor
vehicle;

7. For the purposes of section 6, Classes of

motor
vehicle

(a) "class A motor vehicle" means a motor vehicle that is less
than two years old and has been driven less than 40,000
kilometres;

(b) "class B motor vehicle" means a motor vehicle that is
less than three years old and has been driven less than
60,000 kilometres;

(c) "class C motor vehicle" means a motor vehicle that is less
than five years old and has been driven less than 80,000
kilometres;

(d) "class D motor vehicle" means a motor vehicle that is not
a class A, B or C motor vehicle.

8. The warranty provided for in section 6 does not apply to, Limitation

■^ ^ *^^ -^ ' of warranty

(a) normal maintenance service and the replacement of
parts resulting from it;

(b) interior upholstery or exterior decorative items;

(d) any accessory designated by the regulations; and

(e) any manufacturing defect that the motor vehicle dealer
could not reasonably be expected to detect before selling
the motor vehicle.

9. The warranty referred to in section 6 takes effect upon When
delivery of the used motor vehicle.

Written
estimate
required

10. — (1) Before carrying out any repairs to a motor vehicle,
the operator of a motor vehicle repair station shall give the con-
sumer a written estimate of the cost of the repairs, and upon
acceptance by the consumer, the estimate is binding on the
operator, and the consumer shall not be charged any amount for
the repairs in excess of the amount of the estimate unless the
consumer agrees to pay all or part of the increased amount.

Exception

Charge for
estimate

(2) An estimate is not required if the repairs are to be made
without charge to the consumer.

(3) A repair station operator shall not charge a fee for making
an estimate unless the operator advises the consumer of the charge
before undertaking to make the estimate.

Cost of
reassembly

11. Where, in order to make an estimate, it is necessary to
disassemble all or part of a motor vehicle, the amount referred to
in subsection 1 of section 10 shall include the cost of reassembly
should the consumer decide not to have the repairs carried out and
the costs of labour and of any component required to replace a
part that is rendered unusable as a result of the disassembling.

Content of
estimate

12. The estimate shall indicate,

(a) the name and address of the consumer and repair station
operator;

(b) the make, model and registration number of the motor
vehicle;

(d) a description of the parts to be installed, if any, specify-
ing whether each part is new, used, re-tooled or recon-
ditioned; and

(e) the date and duration of the estimate.

Repairs not
included in
estimate

13. — (1) The repair station operator shall not carry out any
repairs not provided for in the accepted estimate unless the
operator obtains the express agreement of the consumer.

Record of
change in
estimate

(2) Where the operator obtains the express agreement of the
consumer to make additional repairs, the operator shall indicate
the terms of the agreement in the estimate and the date of the
agreement.

Content of
repair bill

1 4 . When a repair station operator has completed the repairs,
the operator shall give the consumer a bill indicating.

(a) the name and address of the consumer and repair station
operator;

(b) the make, model and registration number of the motor
vehicle;

(c) the date of delivery of the motor vehicle to the consumer
and the number of miles or kilometres registered on the
odometer of the motor vehicle on that date;

(d) the repairs carried out;

(e) the part or parts installed, specifying whether each part
is new, used, re-tooled or reconditioned and the price of
the part;

if) the number of hours of labour billed, the hourly rate and
the total cost of labour;

ig ) the total amount the consumer is charged under clauses e
and/; and

(h ) the terms of the warranty.

15. The repair station operator shall, if the consumer so Parts
requests, give to the consumer at the same time as the consumer
takes delivery of the motor vehicle, the parts that have been
replaced unless,

(a) the repairs are made without charge to the consumer;

(b) the part is exchanged for a re- tooled or reconditioned
part; or

(c) the replaced part is subject to a warranty contract under
which the motor vehicle dealer must return the part to
the manufacturer or to the distributor.

16. — (1) Repairs are guaranteed for three months or 5,000 ^"^^'^^^^

^ ' r- o 1 i'r °t repairs

kilometres, whichever occurs first, and the guarantee takes effect
upon the delivery of the motor vehicle.

(2) The guarantee under subsection 1 does not apply to damage ^^^^^^^
resulting from damage caused by the consumer after the repairs consumer
are completed.

1 7. Acceptance of the estimate or payment by the consumer ^""^"""ot
does not prejudice his recourse against a repair station operator on prejudiced
the grounds of absence of prior authorization for the repairs, bad

workmanship or the price exceeding the price indicated in the
estimate.

Posting up
of sign

18. A repair station operator who carries out motor vehicle
repairs shall post in a conspicuous place in his establishment a sign
informing consumers of the principal provisions of this Act.

Repair
warranty

1 9. In the case of a warranty provided under this Act,

(a) the motor vehicle dealer or the manufacturer shall
assume the reasonable costs of towing or breakdown
service for the motor vehicle, whether the towing or
breakdown service is carried out by the motor vehicle
dealer, the manufacturer or a third person; or

(b) the motor vehicle dealer or the manufacturer shall carry
out the repairs to the motor vehicle and assume their cost
or shall permit the consumer to have the repairs carried
out by a third person and shall assume their cost.

Subsequent
purchaser

20. The motor vehicle dealer or the manufacturer is liable for
the performance of a warranty provided for by this Act or of any
other warranty to a consumer who is the subsequent purchaser of
the motor vehicle.

Parts and

labour

included

2 1 . The warranty provided for by this Act includes parts and
labour.

Regulations 22. The Lieutenant Governor in Council may make regula-

tions,

(a) designating accessories for the purpose of clause d of
section 8;

{b) prescribing forms and providing for their use;

Commence-
ment

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

Short title 24. The short title of this Act is The Motor Vehicle Sales and

Service Protection Act, 1980.

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BILL 175 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for Municipal Hydro-Electric Service
in the City of Sudbury

The Hon. R. Welch
Minister of Energy

TORONTO

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

Explanatory Note

The Bill establishes a new hydro-electric commission for the City of Sudbury.

A transitional period is provided before the new commission becomes fully
operational.

The members of the Commission will be the mayor of the City and additional
members qualified as municipal electors in the City.

The council of the City will determine whether after November 30, 1982 the
members of the Commission should be elected or appointed.

All customers in Sudbury will be supplied with power, by the new Commis-
sion.

The Bill does not affect existing agreements for the supply of power by private
companies.

Provision is made for the transfer of employees and the protection of their
salaries and benefits.

Bill 175 1980

An Act to provide for Municipal Hydro- Electric
Service in the City of Sudbury

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

1 . In this Act, interpre-

tation

(a) "accumulated net retail equity" means the portion of
equity accumulated through debt retirement appropria-
tions recorded for the Rural Power District relating to
Ontario Hydro's rural retail system plus the portion of
the balance recorded for customers in the Stabilization of
Rates and Contingencies Account, in the books of
Ontario Hydro;

(b) "City" means the municipality or corporation of the City
of Sudbury;

(d) "Minister" means the Minister of Intergovernmental
Affairs;

(e) "municipal commission" means the Hydro-Electric
Commission of the City of Sudbury as it existed
immediately before the coming into force of this Act;

(/) "power" means electrical power and includes electrical
energy;

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

(h) "retail", when used in relation to the distribution and
supply of power, refers to the distribution and supply of
power at voltages less than 50 kilovolts, but does not

refer to works located within a transformer station that
transform power from voltages greater than 50 kilovolts
to voltages less than 50 kilovolts.

Commission
established

2. — (1) A hydro-electric commission, to be known as the
"Sudbury Hydro-Electric Commission", is hereby established for
the City of Sudbury.

Application (2) The Commission shall be deemed to be a commission estab-

R.S.O. 1970, lished under Part Ill'of The Public Utilities Act and a municipal
cc. 390, 354 commission within the meaning of The Power Corporation Act.

Composition (3) The Commission shall consist of the mayor of the City and
1977, c. 62 additional members who are qualified electors under The Munici-
pal Elections Act, 1977 in the City.

When council (4) Exccpt as provided in subsection 5 , the council of the City
mayjietermine ^^^^^ determine by by-law whether the number of additional
Commission members of the Commission shall be two or four.

First (5) For the term expiring with the 30th day of November, 1982,

commission ^^^ Commission shall consist of the mayor of the City and the

following additional members who shall be appointed by the

council of the City:

1. Two members of the municipal commission,

2 . Two other persons who reside in the City of Sudbury,
one of whom is a resident of that part of the City supplied
with power by Ontario Hydro immediately before the
coming into force of this Act.

Additional
members of
first
commission

(6) Where the number of qualified additional members to be
appointed under paragraph 1 of subsection 5 is less than the
required number of additional members, the council of the City
shall appoint an additional member or additional members so that
there will be the required number of additional members of the
Commission.

Additional
members of
subsequent
commissions

(7) For terms commencing after the 30th day of November,
1982, the additional members of the Commission shall be elected
by a general vote of the electors of the City, unless before the 1st
day of July, 1982 the council of the City provides by by-law that
the additional members shall be elected by wards or appointed by
the council.

Eligibility
of members
of council

(8) Members of the council of the City may be members of the
Commission, but the members of the council shall not form a
majority of the Commission.

(9) Subject to subsection 5, a member of the Commission shall Term of
hold office for the same term as the members of council or until his
successor is elected or appointed.

(10) The council of the City may, by by-law passed with the Delegates
written consent of the mayor, appoint a delegate from among the
members of the council to represent the mayor on the Commis-
sion.

(11) The salaries of the members of the Commission for the Salary
term expiring with the 30th day of November, 1982 shall be fixed commission
on or before the 31st day of December, 1980 in an amount that

does not exceed the highest salary paid to members of the munici-
pal commission on the 1st day of January, 1980.

(12) A resignation from the council of the City of a member of Resignations
the council who is a member of the Commission shall be deemed to

be a resignation from both the council and the Commission.

3. — (1) Except as herein provided, all the powers, rights. Powers of
authorities and privileges that are conferred by The Public ^^q j^^q
Utilities Act on a municipal corporation with respect to power c. 390
shall, on and after the 1st day of January, 1981, be exercised on
behalf of the City by the Commission and not by the council of the
City or any other person.

(2) On and after the 1st day of January, 1981, the Commission J^^^^"
has the sole right to distribute and supply power within the City, and supply
except for those areas of the City then being supplied power by p"^^""
other than Ontario Hydro or the municipal commission.

(3) The right of the Commission to distribute and supply Exception

' ® *^*^ -^ to right to

power, distribute

and supply

(a) is subject to any subsisting contracts for the supply of p^^^"^
power made under section 70 of The Power Corporation R so. 1970,
Act; and

(b) does not apply in respect of those parts of the City that
are supplied with power as of the 31st day of December,
1980 by other than Ontario Hydro or the municipal
commission.

(4) The Commission may contract with Ontario Hydro without Contract
electoral assent or other approval or authorization for the trans- Ontario
jnission and supply to the Commission of power to be distributed ^y^^°
and sold in the City.

(5) A contract under subsection 4 shall be deemed to be an idem
agreement within the meaning of clauses of subsection 2 of section

293 of The Municipal Act. , ,, .., R.s.o. 1970,

^ '■ c. 284

Application
of

R.S.O. 1970,
c. 3S4

(6) Except where inconsistent with the provisions of this Act,
the provisions of The Power Corporation Act applicable to a
municipal corporation that has entered into a contract with
Ontario Hydro for the distribution and supply of power to the
municipal corporation apply to the Commission.

Direct

customers

(7) With the consent of the Commission, Ontario Hydro may
distribute and supply power directly to customers in the City.

Transfer of
assets and
liabilities

4. — (1) On the 1st day of January, 1981, all assets under the
control and management of and all liabilities of the municipal
commission are, without compensation, assets under the control
and management of and liabilities of the Commission.

Transitional (2) Any of the asscts, powers and responsibilities of the munici-

pal commission that pertain to the distribution and supply of
power in the City may be transferred by agreement before the 1st
day of January, 1981 to the Commission.

Purchase

of retail

distribution

facilities

from

Ontario

Hydro

Leased
equipment

5. — (1) On or before the 1st day of January, 1981, the Commis-
sion shall purchase, on behalf of the City, and Ontario Hydro shall
sell to the Commission, the assets and liabilities of Ontario Hydro
that pertain to the distribution and supply of power at retail in the
City.

(2) The purchases mentioned in subsection 1 shall include
equipment leased by Ontario Hydro to retail customers in the City
for the use of power supplied to the retail customers.

Purchcise
price

(3) The purchase price shall be determined in accordance with
the regulations and shall be equal to the original cost of the assets
less the sum of,

(a) the accumulated net retail equity of the customers
supplied with power through the assets; and

0) the accumulated depreciation associated with the assets.

Interpre-
tation

6. — (1) In this section, "parties" means Ontario Hydro and the
Commission.

Where price
to be

determined
by
arbitration

(2) If the purchase price under section 5 is not determined
before the 1st day of January, 1982, either of the parties at any
time thereafter may request that the purchase price be determined
by a single arbitrator agreed on by the parties.

Application
of

R.S.O. 1970,
c. 25

Vesting
of real
property

(3) The Arbitrations Act applies where a request is made under
subsection 2.

7. — (1) All real property transferred by section 4 to the control
and management of the Commission or otherwise acquired by or

for the Commission shall be held by the Commission in trust for
the City.

(2) Where a Commission is of the opinion, and so declares by Disposition
resolution, that any real property under its control and manage- property
ment is not required for its purposes, unless otherwise agreed upon
by the Commission and the City, the real property may be dis-
posed of as follows:

1 . In the event that the City wishes in good faith to use the
real property for a municipal purpose, it shall compen-
sate the Commission for the real property at its actual
cost, less accrued depreciation as shown on the books of
the Commission or the assessed value of the real prop-
erty, whichever is the greater, and when the City in good
faith no longer wishes to use the real property for a
municipal purpose, the City may sell, lease or otherwise
dispose of the real property without the assent of Ontario
Hydro and may retain the proceeds of the sale, lease or
disposition as municipal funds.

2 . In the event that the City does not wish to use the real
property in accordance with paragraph 1 , the Commis-
sion shall, as soon as practicable, sell, lease or otherwise
dispose of the real property at fair market value on
behalf of the City and the net proceeds derived from the
sale, lease or other disposition of the real property or the
compensation paid therefor under this subsection shall
be received by the Commission and shall be applied in
accordance with The Public Utilities Act. ^^■9' ^^^°'

c. 390

8. Except as otherwise provided in this Act, sections 92 to 112 Borrowing
of The Regional Municipality of Sudbury Act, 1972 apply, with 1^72, c. 104
necessary modifications, to any borrowing for the purposes of the
Commission.

9. — (1) In this section, "transfer date", when used in respect of interpre-

1 r 1 . . , . . ^ • TT 1 tation

an employee of the municipal commission or Ontario Hydro,
means the date on which the Commission assumes liability for the
payment of the wages or salary of the employee.

(2) On or before the 31st day of December, 1980, Ontario Transfer
Hydro and the municipal commission shall designate those of their employees
full-time employees who were employed in the distribution and
supply of power in the City on the 1st day of January, 1980, and
who continued such employment until the 31st day of December,
1980 or until their transfer dates, as the case may be, and the
Commission shall offer employment to the employees so desig-
nated in respect of the area municipality.

Wages (3) A person who accepts employment under this section is

salaries entitled to receive, for a period of one year commencing on the

transfer date, a wage or salary not less than the wage or salary he
was receiving on the day nine months before the transfer date.

Partici-
pation in
O.M.E.R.S.

R.S.O. 1970,
c. 324

(4) The Commission shall be deemed to have elected to partici-
pate in the Ontario Municipal Employees Retirement System on
the day this Act comes into force, and a person who accepts
employment under this section shall be deemed to continue or to
become a member of the System, as the case requires, on his
transfer date, and The Ontario Municipal Employees Retirement
System Act applies to such person as a member of the System.

Supple-
mentary
agreements

Transfer of

pension

credits

from

Ontario

Hydro

Plan

(5) When a person who accepts employment under this section
with the Commission is entitled immediately before his transfer
date to the benefit of a supplementary agreement between the
Ontario Municipal Employees Retirement Board and the munici-
pal commission, the Commission shall assume, in respect of the
person, all rights and obligations under the supplementary agree-
ment as if the Commission had been a party to the agreement in
the place of the municipal commission.

(6) Where a person who accepts employment under this section
is a contributor to The Pension and Insurance Fund of Ontario
Hydro immediately before his transfer date, the present value of
the pension earned by the person in The Pension and Insurance
Fund of Ontario Hydro at the transfer date or the contributions of
the person in the Fund with interest accumulated and credited to
the person in the Fund, whichever is the greater, shall be transfer-
red to the Ontario Municipal Employees Retirement Fund and the
person shall be given credit in the Ontario Municipal Employees
Retirement System for a period of service equal to the period of
service for which he was given credit in The Ontario Hydro
Pension and Insurance Plan.

Pension
guarantee

(7) Notwithstanding subsection 4, a person who accepts
employment under this section with the Commission and who,

(a) was employed by Ontario Hydro immediately before his
transfer date; and

{b) continues in the employment of a municipal hydro-
electric commission until he or his beneficiary becomes
entitled to a pension benefit,

is entitled to at least the pension benefit he would have been
entitled to under The Ontario Hydro Pension and Insurance Plan
if his years of continuous service with the commission had been
additional years of continuous service with Ontario Hydro and if
there had been no change in the Plan after the 31st day of

December, 1980, calculated on the basis of the wage or salary paid
to the person by Ontario Hydro and the commission, and the cost,
if any, of the pension benefit over the cost of the pension benefit to
which the person is entitled under subsection 4 shall be appor-
tioned and paid as provided by the regulations.

(8) A person who accepts employment under this section is 9™"p
entitled as a term of his employment to continue as a member of insurance
the group life insurance plan in which he was a member with his
former employer until the effective date of a common group life
insurance plan covering all eligible employees of the Commission.

(9) On or before the 31st day of December, 1982, the Commis- idem
sion shall provide a common group life insurance plan covering all

of the eligible employees of the Commission, and the plan shall
provide to any person accepting employment under this section,
by option or otherwise, insurance coverage not inferior to the
insurance coverage to which the person was entitled immediately
before his transfer date.

(10) A person who accepts employment under this section shall Sick leave
continue to enjoy the rights and benefits of sick leave entitlements

or sick leave insurance provided by his former employer
immediately before the transfer date until the Commission estab-
lishes a sick leave entitlement plan or sick leave insurance plan,
and thereupon the person shall receive allowance or credit for any
accrued sick leave rights or benefits.

(11) The Commission shall continue the provision of life insur- Life
ance to pensioners formerly employed by the municipal commis- provided to

cjQjj pensioners

(12) Nothing in this section prevents an employer from ter- Termination
minating the employment of an employee for cause.

(13) Where, in the opinion of the Minister, a person who is Special
designated or who accepts employment under this section experi- stances
ences any difficulty or hardship with regard to life insurance
benefits, pension rights, pension benefits or sick leave rights or
benefits, the Minister by order may do anything necessary to
remedy or alleviate such difficulty or hardship.

10. For the purposes of section 132 of The Regional Munici- Dissolution
pality of Sudbury Act, 1972, the 1st day of January, 1981 is the existing
date determined by the Minister in respect of the City and on that commissions
date the municipal commission is dissolved and any by-laws ^
establishing it shall be deemed to be repealed and the assent of the
municipal electors is not required.

1 1 . The Lieutenant Governor in Council may make regula- Regulations
tions,

Commence-
ment

(a) for the purpose of subsection 3 of section 5 in respect of,

(i) the method of determining the original cost of the
assets or of any asset or of any part of any asset,

(ii) the allocation of the original cost of the assets or
of any asset or of any part of any asset,

(iii) the method of determining the amount of any
component of the accumulated net retail equity,

(iv) the allocation of the accumulated net retail equity
or any component of the accumulated net retail
equity,

(v) the method of calculating accumulated deprecia-
tion of any component of accumulated deprecia-
tion-,

(vi) the allocation of accumulated depreciation or any
component of accumulated depreciation,

(vii) the method of payment of the price of the assets;

(b) for the purposes of subsection 7 of section 9 in respect of
the apportionment of the excess cost of any benefit refer-
red to in the subsection and the payment of the excess
cost or any part thereof.

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

Assent.

Short title

13. The short title of this Act is The City of Sudbury Hydro-
Electric Service Act, 1980.

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BILL 175

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for Municipal Hydro- Electric Service
in the City of Sudbury

The Hon. R. Welch
Minister of Energy

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

Bill 175 1980

An Act to provide for Municipal Hydro-Electric
Service in the City of Sudbury

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

1 . In this Act, Interpre

tation

(a) "accumulated net retail equity" means the portion of
equity accumulated through debt retirement appropria-
tions recorded for the Rural Power District relating to
Ontario Hydro's rural retail system plus the portion of
the balance recorded for, customers in the Stabilization of
Rates and Contingencies Account, in the books of
Ontario Hydro;

(b) "City" means the municipality or corporation of the City
of Sudbury;

(d) "Minister" means the Minister of Intergovernmental

Affairs;

(e) "municipal commission" means the Hydro-Electric
Commission of the City of Sudbury as it existed
immediately before the coming into force of this Act;

(/) "power" means electrical power and includes electrical
energy;

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

(h) "retail", when used in relation to the distribution and
supply of power, refers to the distribution and supply of
power at voltages less than SO kilo volts, but does not

refer to works located within a transformer station that
transform power from voltages greater than 50 kilovolts
to voltages less than SO kilovolts.

Commission
established

2. — (1) A hydro-electric commission, to be known as the
"Sudbury Hydro-Electric Commission", is hereby established for
the City of Sudbury.

Application (2) The Commission shall be deemed to be a commission estab-

R.s.o. 1970, lished under Part III of The Public Utilities Act and a municipal

cc. 390, 354 commission within the meaning of The Power Corporation Act.

ComposiUon (3) xhc Commission shall consist of the mayor of the City and

1977, c. 62 additional members who are qualified electors under The Munici-
pal Elections Act, 1977 in the City.

When council (4) Except as provided in subsection 5, the council of the City

size of shall determine by by-law whether the number of additional

Commission members of the Commission shall be two or four.

First
commission

(5) For the term expiring with the 30th day of November, 1982,
the Commission shall consist of the mayor of the City and the
following additional members who shall be appointed by the
council of the City:

1. Two members of the municipal commission.

2. Two other persons who reside in the City of Sudbury,
one of whom is a resident of that part of the City supplied
with power by Ontario Hydro immediately before the
coming into force of this Act.

Additional
members of
first
commission

Additional
members of
subsequent
commissions

Eligibility
of members
of council

(8) Members of the council of the City may be members of the
Commission, but the members of the council shall not form a
majority of the Commission.

(9) Subject to subsection 5, a member of the Commission shall Term of
hold office for the same term as the members of council or until his
successor is elected or appointed.

does not exceed the highest salary paid to members of the munici-
pal commission on the 1st day of January, 1980.

(12) A resignation from the council of the City of a member of Resignations
the council who is a member of the Commission shall be deemed to

be a resignation from both the council and the Commission.

3. — (1) Except as herein provided, all the powers, rights, Powers of
authorities and privileges that are conferred by The Public j^ g q ^g^Q
Utilities ^c^ on a municipal corporation with respect to power c. 390
shall, on and after the 1st day of January, 1981, be exercised on
behalf of the City by the Commission and not by the council of the
City or any other person.

(2) On and after the 1st day of January, 1981, the Commission ^s\^°
has the sole right to distribute and supply power within the City, and supply
except for those areas of the City then being supplied power by p'^^^"'
other than Ontario Hydro or the municipal commission.

(3) The right of the Commission to distribute and supply Exception

"^ " ^*^ -^ to right to

power, distribute

and supply

(a) is subject to any subsisting contracts for the supply of p"^^"^
power made under section 70 of The Power Corporation R so. 1970,
Act; and

(b) does not apply in respect of those parts of the City that
are supplied with power as of the 3 1st day of December,
1980 by other than Ontario Hydro or the municipal
commission.

(4) The Commission may contract with Ontario Hydro without Contract
electoral assent or other approval or authorization for the trans- Ontario
mission and supply to the Commission of power to be distributed ^y^^°
and sold in the City.

(5) A contract under subsection 4 shall be deemed to be an idem
agreement within the meaning of clause 5 of subsection 2 of section

293 of The Municipal Act. R s.o. 1970,

•^ c. 284

Application

R.S.O. 1970,

c. 354

Direct
customers

(7) With the consent of the Commission, Ontario Hydro may
distribute and supply power directly to customers in the City.

Transfer of
assets and
liabilities

Transitional (2) Any of the asscts, powcrs and responsibilities of the munici-

pal commission that pertain to the distribution and supply of
power in the City may be transferred by agreement before the 1st
day of January, 1981 to the Commission.

Purchase

of retail

distribution

facilities

from

Ontario

Hydro

Leased
equipment

(2) The purchases mentioned in subsection 1 shall include
equipment leased by Ontario Hydro to retail customers in the City
for the use of power supplied to the retail customers.

Purchase
price

(3) The purchase price shall be determined in accordance with
the regulations and shall be equal to the original cost of the assets
less the sum of,

(a) the accumulated net retail equity of the customers
supplied with power through the assets; and

{b) the accumulated depreciation associated with the assets.

Interpre-
tation

6. — (1) In this section, "parties" means Ontario Hydro and the
Commission.

Where price
to be

determined
by
arbitration

Application
of

R.S.O. 1970,
c. 25

Vesting
of real
property

(3) The Arbitrations Act applies where a request is made under
subsection 2.

7. — (1) All real property transferred by section 4 to the control
and management of the Commission or otherwise acquired by or

for the Commission shall be held by the Commission in trust for
the City.

c. 390

8. Except as otherwise provided in this Act, sections 92 to 112 Borrowing
of The Regional Municipality of Sudbury Act, 1972 apply, with i972, c. i04
necessary modifications, to any borrowing for the purposes of the
Commission.

9. — (1) In this section, "transfer date", when used in respect of imerpre-

. . . . • TT 1 tation

an employee of the municipal commission or Ontario Hydro,
means the date on which the Commission assumes liability for the
payment of the wages or salary of the employee.

Wages
or

salaries

(3) A person who accepts employment under this section is
entitled to receive, for a period of one year commencing on the
transfer date, a wage or salary not less than the wage or salary he
was receiving on the day nine months before the transfer date.

Partici-
pation in
O.M.E.R.S.

R.S.O. 1970,
c. 324

Supple-
mentary
agreements

Transfer of

pension

credits

from

Ontario

Hydro

Plan

Pension
guarantee

(7) Notwithstanding subsection 4, a person who accepts
employment under this section with the Commission and who,

(a) was employed by Ontario Hydro immediately before his
transfer date; and

{b) continues in the employment of a municipal hydro-
electric commission until he or his beneficiary becomes
entitled to a pension benefit,

(8) A person who accepts employment under this section is pi"""?
entitled as a term of his employment to continue as a member of insurance
the group life insurance plan in which he was a member with his
former employer until the effective date of a common group life
insurance plan covering all eligible employees of the Commission.

(9) On or before the 31st day of December, 1982, the Commis- idem
sion shall provide a common group life insurance plan covering all

(10) A person who accepts employment under this section shall Sick leave
continue to enjoy the rights and benefits of sick leave entitlements

(11) The Commission shall continue the provision of life insur-

Life
. , 1111 • • 1 • insurance

ance to pensioners formerly employed by the municipal commis- provided to

_:«_ pensioners

(12) Nothing in this section prevents an employer from ter- Termination
minating the employment of an employee for cause.

(13) Where, in the opinion of the Minister, a person who is Special

I'll 1 1 • • • circum-

designated or who accepts employment under this section experi- stances
ences any difficulty or hardship with regard to life insurance
benefits, pension rights, pension benefits or sick leave rights or
benefits, the Minister by order may do anything necessary to
remedy or alleviate such difficulty or hardship.

10. For the purposes of section 132 of The Regional Munici- Dissolution
pality of Sudbury Act, 1972, the 1st day of January, 1981 is the existing
date determined by the Minister in respect of the City and on that commissions
date the municipal commission is dissolved and any by-laws
establishing it shall be deemed to be repealed and the assent of the
municipal electors is not required.

1 1 . The Lieutenant Governor in Council may make regula- Regulations
tions,

Commence-
ment

(a) for the purpose of subsection 3 of section 5 in respect of,

(i) the method of determining the original cost of the
assets or of any asset or of any part of any asset,

(ii) the allocation of the original cost of the assets or
of any asset or of any part of any asset,

(iii) the method of determining the amount of any
component of the accumulated net retail equity,

(iv) the allocation of the accumulated net retail equity
or any component of the accumulated net retail
equity,

(v) the method of calculating accumulated deprecia-
tion of any component of accumulated deprecia-
tion-,

(vi) the allocation of accumulated depreciation or any
component of accumulated depreciation,

(vii) the method of payment of the price of the assets;

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

Short title

13. The short title of this Act is The City of Sudbury Hydro-
Electric Service Act, 1980.

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BILL 176 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to amend
The Toronto Area Transit Operating Authority Act, 1974

The Hon. J. W. Snow
Minister of Transportation and Communications

TORONTO

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

Explanatory Notes

Section 1. Currently, the chairman of the Authority is appointed by the
Lieutenant Governor in Council for a five-year term. The term is being reduced to
three years subject to the incumbent serving out his full five-year term.

Certain provisions of The Public Vehicles Act regulating the leasing of buses
do not apply in respect of a bus leased to or from the Authority.

Section 2 . The objects of the Authority are being expanded and clarified.
Section 6 (6) currently reads as follows:

(b) to co-ordinate the operations of surface and subsurface inter-regional
transit systems and surface and subsurface regional transit systems and to
operate, within the area of jurisdiction of the Authority on routes where
the Authority operates an inter-regional transit service, transit services
within a regional area at the request of and under an agreement with the
council of the regional area or the council of an area municipality within
the regional area.

The proposed change to section 6 (c) is complementary to the new section 6 {b).

BILL 176 1980

An Act to amend The Toronto Area
Transit Operating Authority Act, 1974

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

1. — (1) Subsection 3 of section 2 of The Toronto Area Transit ^^^^j'j

. • 1 1 amended

Operating Authority Act, 1974, being chapter 69, is amended
by striking out "five" in the second line and inserting in lieu
thereof "three".

(2) The said section 2, as amended by the Statutes of Ontario, ^^' ,

^ ' ' -^ amended

1977, chapter 39, section 2, is further amended by adding
thereto the following subsection:

(10) Sections 2a and 9b of The Public Vehicles Act do not apply where

R S O 1Q70

to the Authority or to the holder of an operating licence issued c. 392
under that Act who leases a bus to or from the Authority. ^^^^ ^^^ ^pp'^

(3) Notwithstanding subsection 3 of section 2 of The Toronto Present

A -n • ^ ■ A 1 ■ A chairman

Area Transit Operating Authority Act, 1974, as amended
by subsection 1, the member appointed by the Lieutenant
Governor in Council holding office on the day this Act comes
into force remains in office until his term of five years expires.

2. — (1) Clause b of section 6 of the said Act, as amended by the ^^^^1^*^^^^
Statutes of Ontario, 1977, chapter 39, section 4, is repealed
and the following substituted therefor:

{b) to facilitate the operational integration of surface and
subsurface inter-regional transit systems and surface
and subsurface regional transit systems, and to operate,
within the area of jurisdiction of the Authority on routes
where the Authority operates an inter-regional transit
service, transit services within a regional area at the
request of and under an agreement with the council of
the regional area or the council of an area municipality
within the regional area.

s. 6 (c),
amended

(2) Clause c of the said section 6 is amended by striking out
"co-ordinating" in the second line and inserting in lieu thereof
"operational integration".

s. 7 (1) («),
amended

3. — (1) Clause e of subsection 1 of section 7 of the said Act is amended
by striking out "the integration or co-ordination or both" in
the first line and inserting in lieu thereof "the operational
integration".

s. 7 (2) (d) (i),
amended

(2) Subclause i of clause d of subsection 2 of the said section 7,
as re-enacted by the Statutes of Ontario, 1977, chapter
39, section 5, is amended by inserting after "with" in the
second line "or without".

ss. la, 7b,
enacted

Agreements

with

Minister

4. The said Act is amended by adding thereto the following sections:

7a. — (1) The Minister and the Authority may, subject to the
approval of the Lieutenant Governor in Council, enter into an
agreement that the Authority shall establish, acquire, construct,
operate and maintain a transit system that is not within or limited
to its area of jurisdiction.

Powers

(2) The powers of the Authority under subsection 2 of section 7
shall extend to activities carried out by the Authority pursuant to
an agreement entered into under subsection 1 , and, for purposes of
carrying out the terms of the agreement, shall not be limited to
inter-regional transit systems.

Payment of
expenditures

(3) The Minister may pay all or part of the expenditures,
pursuant to an agreement made under subsection 1, to establish,
acquire, construct, operate and maintain a transit system and to
acquire lands and equipment necessary and incidental thereto.

Use of "GO

Transit"

trademark

7b . The Authority is hereby granted the non-exclusive right to
use the trademark "GO Transit" and shall identify all transit
vehicles and railway rolling stock, when practical, operated by or
on behalf of the Authority by the display of the trademark thereon .

s. 10 (3),
re-enacted

Motor vehicle
owner and
driver liable
for penalties

5. Subsection 3 of section 10 of the said Act is repealed and the
following substituted therefor:

(3) The owner of a vehicle may be charged with and convicted
of any contravention of a regulation made under subsection 1
prohibiting or regulating vehicular traffic for which the driver of
the vehicle is subject to be charged unless, at the time of the
contravention, the vehicle was in the possession of some person
other than the owner without the owner's consent and on convic-
tion the owner is liable to the penalty prescribed for the offence.

Section 3. — Subsection 1. The proposed change is complementary to the
new section 6b of the Act.

Subsection 2. Section 7 (2) (d) of the Act currently enables the Authority to
enter into agreements to lease out transit vehicles owned by the Authority with
drivers. The proposed amendment permits the leasing of vehicles without drivers.

Section 4. The provisions set out in the proposed section 7a of the Act
permits the Minister and the Authority to enter into agreements related to transit
systems and enables the Minister to contribute, in whole or in part, toward the cost.

The proposed section 7b of the Act is self-explanatory.

Section 5. Section 10 of the Act authorizes the making of regulations and
provides for a penalty for contravention of certain regulations.

The proposed amendment clarifies that in respect of parking and traffic
offences, the owner of a vehicle may be charged and convicted without the driver of
the vehicle being charged. A similar clarification was enacted in The Highway
Traffic Act in the spring.

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

ment

7. The short title of this Act is The Toronto Area Transit Operating Short title
Authority Amendment Act, 1980.

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BILL 177 Government Bill

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for
the Safe Use of X-ray Machines in the Healing Arts

The Hon. D. R. Timbrell
Minister of Health

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

Explanatory Note

The Bill provides for regulation of the installation and the operation of x-ray
machines in the healing arts. X-ray machine is defined in section 1 as "an electri-
cally powered device the purpose and function of which is the production of x-rays
for the irradiation of a human being for a therapeutic or diagnostic purpose".

Section 3 regulates the installation of x-ray machines.

Section 4 requires the registration of x-ray machines, their locations and the
names and addresses of their owners.

Section 5 prohibits the operation of an x-ray machine by an unqualified
person. Qualifications are to be prescribed by the regulations. A transitional period
until the 1st day of January, 1984 or such later date as may be named by proclama-
tion is provided in the section.

Section 6 prohibits the operation of an x-ray machine upon a human being
except upon the prescription of a medical practitioner, a dentist, a chiropodist, a
chiropractor or an osteopath.

Section 7 will prohibit the use of unqualified persons as operators of x-ray
machines.

Section 8 prohibits the operation of a substandard x-ray machine.

Section 9 requires the designation of a radiation protection officer in a facility
and sets out the responsibilities of the radiation protection officer.

Sections 10, 11 and 12 provide for appeals from decisions of the Director in
respect of approvals.

Section 13 provides for orders by the Director or an inspector because of
danger to the health or safety of any person and section 14 provides for emergency
orders.

Provision is made for appeals to the Health Facilities Appeal Board in respect
of approvals and orders.

Section 15 establishes the Healing Arts Radiation Protection Commission and
sets out its functions.

Section 19 provides for the appointment of the Director of X-ray Safety and
section 20 provides for the appointment and powers of inspectors.

BILL 177 1980

An Act to provide for the Safe Use
of X-ray Machines in the Healing Arts

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

1. (1) In this Act, imerpre-

' tation

(a) "Appeal Board" means the Health Facilities Appeal

Board established by The Ambulance Act; R.s.o. 1970

c. 20

(6) "Commission" means the Healing Arts Radiation Pro-
tection Commission established under section 15;

(c ) "Director" means the Director of X-ray Safety appointed
under section 19;

{d) "inspector" means an inspector appointed under section
20;

{e) "owner", when used with reference to an x-ray machine,
means the owner or other person who has the manage-
ment and control of the x-ray machine;

(/) "Minister" means the Minister of Health;

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

{h) "x-ray equipment" includes x-ray imaging systems, pro-
cessing equipment and equipment directly related to the
production of images for diagnosis or directly related to
irradiation with x-rays for therapy;

(i) "x-ray machine" means an electrically powered device
the purpose and function of which is the production of
x-rays for the irradiation of a human being for a
therapeutic or diagnostic purpose;

Shielding

Administration
of Act

Approval of
installation

Issuance of
approval

Criteria

Installation

Revocation
of approval

ij) "x-rays" means artificially produced electromagnetic
radiation with peak energy greater than five kilo volts.

(2) In this Act, a reference to the installation of an x-ray
machine includes a reference to the shielding of the area in which
the x-ray machine is installed.

2. The Minister is reponsible for the administration of this
Act.

3. — (1) No person shall install an x-ray machine unless the
Director has issued written approval for the installation.

(2) Subject to subsection 3, any person who applies in accord-
ance with this Act and the regulations for written approval for the
installation of an x-ray machine and,

(a) submits to the Director the plans, specifications and
information prescribed by the regulations;

(b) who meets the requirements of this Act and the regula-
tions; and

is entitled to be issued the written approval.

(3) The Director may refuse to approve a proposed installation
of an x-ray machine where,

(a) the proposed installation will not comply with this Act or
the regulations;

(b) the application therefor is incomplete;

(c) the plans, specifications and information required by
this Act and the regulations in respect of the installation
of the x-ray machine have not been submitted to the
Director or are incomplete; or

(d) any fees due are unpaid.

(4) Where the Director has issued written approval for the
installation of an x-ray machine, no person shall install the x-ray
machine other than in accordance with the plans, specifications
and information on the basis of which the Director issued the
written approval.

(5) Subject to section 10, the Director may revoke an approval
where it was issued on mistaken or false information.

(6) Where the Director has given written approval for the Approval
installation of an x-ray machine and the x-ray machine has been
installed in accordance with the plans, specifications and other
information on the basis of which the Director issued the approv-
al, no person shall change the installation without the written
approval of the Director for the change.

(7) Subsections 1 to 5 apply with necessary modifications in Application
respect of a change in an installation of an x-ray machine and, for °

the purpose, changing an installation of an x-ray machine shall be
deemed to be installing an x-ray machine.

4. — (1) The owner of an x-ray machine shall not operate the Registration
x-ray machine or cause or permit the x-ray machine to be operated
for the irradiation of a human being unless the x-ray machine, the
location of the x-ray machine and the name and business address
of the owner of the x-ray machine are registered with the Director.

(2) Upon the application of the owner of an x-ray machine and Application
upon payment of the fee prescribed by the regulations, the Direc-
tor shall register the x-ray machine, its location and the name and
business address of the owner thereof.

(3) An owner of an x-ray machine registered with the Director Notice of
who changes his business address shall give written notice of the
change to the Director within fifteen days of the occurrence of the
change.

(4) An owner of an x-ray machine who is registered with the Transitional
Ministry immediately before the coming into force of this Act shall

be deemed to have registered with the Director under subsection
1.

(5) The Director may require a person mentioned in subsection Filing of

. ^., • 1 1 T^- 1 .-. . , • r • ■ nnatenal

4 to tile with the Director plans, specifications and information in
respect of the x-ray machine and its installation and every such
person shall file the plans, specifications and information when so
required.

5. — (1) No person shall operate an x-ray machine for the Use of
irradiation of a human being unless the person meets the qualifi- machine
cations and requirements prescribed by the regulations.

(2) The following persons shall be deemed to meet the qualifi- Persons
cations prescribed by the regulations: be qualified

1. A legally qualified medical practitioner.

2 . A member of the Royal College of Dental Surgeons of
Ontario.

R.S.O. 1970,
c. 70

3. A person registered as a chiropodist under The
Chiropody Act on the 1st day of November, 1980.

A person registered as a chiropodist under The
Chiropody Act after the Istday of November, 1980, who
is a graduate of a four-year course of instruction in
chiropody accredited by the Council on Education of
The Canadian Association of Chiropodists.

R.S.O. 1970,
c. 137

A person registered as a chiropractor under The Drug-
less Practitioners Act.

R.S.O. 1970,
c. 399

6. A person registered as an osteopath under The Drugless
Practitioners Act.

7. A radiological technician registered under The
Radiological Technicians Act.

8. A person registered as a dental hygienist by the Council
of the Royal College of Dental Surgeons of Ontario.

Transitional (3) Subsection 1 docs not apply before the 1st day of January,

1984, or such later date as may be named by proclamation of the
Lieutenant Governor in respect of a person who, prior to the
coming into force of this section, was operating an x-ray machine
for the irradiation of human beings.

Instructions
required

R.S.O. 1970,
c. 70

R.S.O. 1970
c. 137

6 . No person shall operate an x-ray machine for the irradiation
of a human being unless the irradiation has been prescribed by,

{a) 3, legally qualified medical practitioner;

(b) a member of the Royal College of Dental Surgeons of
Ontario;

(d) a person registered as a chiropodist under The
Chiropody Act after the Istday of November, 1980, who
is a graduate of a four-year course of instruction in
chiropody accredited by the Council on Education of
The Canadian Association of Chiropodists;

(e) a person registered as a chiropractor under The Drugless
Practitioners Act; or

if) a person registered as an osteopath under The Drugless
Practitioners Act.

7. On and after the 1st day of January, 1984, or such later date Causing or
as may be named by proclamation of the Lieutenant Governor, no Le™ "^
person shall cause or permit any other person to operate an x-ray ''•'^y.
machine for the irradiation of a human being unless the other
person meets the qualifications and requirements prescribed by

the regulations.

8. No person shall operate an x-ray machine for the irradiation '^-^^y

., ,. ,, ,. , ,, machine

of a human bemg, unless the x-ray machme meets the standards standards
prescribed by the regulations.

9. — (1) The owner of an x-ray machine that is installed for the Radiation

... „ , , . 1 11 1 • protection

purpose of the irradiation of human beings shall designate a officer
person who meets the qualifications prescribed by the regulations
and who is,

(a) a legally qualified medical practitioner;

(6) a member of the Royal College of Dental Surgeons of
Ontario;

{d), a person registered under The Chiropody Act after the
1st day of November, 1980 who is a graduate of a
four-year course of instruction in chiropody accredited
by the Council of Education of The Canadian Associa-
tion of Chiropodists;

(e) a person registered as a chiropractor under r/^e £)n/g/e55 ^^9 ^^^°'
Practitioners Act; or

(/) a person registered as an osteopath under The Drugless
Practitioners Act,

as the radiation protection officer for the facility in which the x-ray
machine is installed.

(2) The owner of a portable x-ray machine shall designate a ^^^'^\,
person who meets the qualifications prescribed by the regulations x-ray
and who is described in clause a, b, c, d, e or/ of subsection 1 as the "machine
radiation protection officer for the portable x-ray machine.

(3) Subsection 2 does not apply in respect of a portable x-ray Exception
machine that is operated only in a facility for which a radiation
protection officer has been appointed under subsection 1 , but the
radiation officer is responsible in respect of the portable x-ray
machine in accordance with subsection 4.

Responsi-
bilities

(4) A radiation protection officer for a facility is responsible,

(a) for ensuring that every x-ray machine operated in the
facility is maintained in safe operating condition; and

Proposal
to refuse
to issue
or to revoke
an approval

(6) for such other matters related to the safe operation of
each x-ray machine in the facility as are prescribed by
the regulations.

10. — (1) Where the Director proposes to refuse to issue or to
revoke an approval under section 3 for the installation or for a
change in the installation of an x-ray machine, the Director shall
serve notice of his proposal, together with written reasons there-
for, on the applicant or the person to whom the approval was
issued, as the case may be.

Notice (2) A notice under subsection 1 shall inform the applicant or

person to whom the approval was issued that he is entitled to a
hearing by the Appeal Board if, within fifteen days after the notice
under subsection 1 is served on him, he gives written notice to the
Director and the Appeal Board requiring a hearing by the Appeal
Board and he may so require such a hearing.

Powers of

Appeal

Board

(3) Where a hearing is required under subsection 2 , the Appeal
Board shall appoint a time for and hold the hearing and may direct
the Director to carry out his proposal or refrain from carrying out
his proposal and to take such action as the Appeal Board considers
the Director ought to take in accordance with this Act and the
regulations and, for such purposes, the Appeal Board may sub-
stitute its opinion for that of the Director.

Parties 1 1 . — (1) The Director, the applicant or other person who has

required the hearing and such other persons as the Appeal Board
may specify are parties to proceedings before the Appeal Board
under this Act.

Notice of
hearing

Examination
of docu-
mentary
evidence

Members
holding
hearing not
to have
taken part
in investiga-
tion, etc.

(2) Notice of a hearing shall afford the applicant or other person
who has required the hearing a reasonable opportunity to show or
to achieve compliance before the hearing with all lawful require-
ments for the issue of the approval of the Director.

(3) Any party to proceedings under section 10 shall be afforded
an opportunity to examine before the hearing any written or
documentary evidence that will be produced or any report the
contents of which will be given in evidence at the hearing.

(4) Members of the Appeal Board holding a hearing shall not
have taken part before the hearing in any investigation or consid-
eration of the subject-matter of the hearing and shall not com-
municate directly or indirectly in relation to the subject-matter of

the hearing with any person or with any party or his representative
except upon notice to and opportunity for all parties to participate,
but the Appeal Board may seek legal advice from an adviser
independent from the parties and in such case the nature of the
advice shall be made known to the parties in order that they may
make submissions as to the law.

(5) The oral evidence taken before the Appeal Board at a Recording

of evidence

hearing shall be recorded and, if so required, copies of a transcript
thereof shall be furnished upon the same terms as in the Supreme
Court.

(6) The findings of fact of the Appeal Board pursuant to a Findings
hearing shall be based exclusively on evidence admissible or mat-
ters that may be noticed under sections 15 and 16 of The Statutory ^^^i- ^^ ^"^
Powers Procedure Act, 1971.

(7) No member of the Appeal Board shall participate in a o^iy members

... r , » 1 XA 1 1 . 11 at hearing to

decision of the Appeal Board pursuant to a hearing unless he was participate
present throughout the hearing and heard the evidence and argu- '" decision
ment of the parties and, except with the consent of the parties, no
decision of the Appeal Board shall be given unless all members so
present participate in the decision.

(8) Documents and things put in evidence at a hearing shall. Release of

1 <-i 1 1 11 1 11 documentary

upon the request of the person who produced them, be released to evidence
him by the Appeal Board within a reasonable time after the matter
in issue has been finally determined.

12. — (1) Any party to the proceedings before the AppeaMPP^ai to
Board under this Act may appeal from its decision or order to the
Supreme Court in accordance with the rules of court.

(2) Where any party appeals from a decision or order of the ?*^r°,''^ "^^
Appeal Board, the Appeal Board shall forthwith file in the Sup- in court
reme Court the record of the proceedings before it in which the
decision was made, which, together with the transcript of evi-
dence if it is not part of the Appeal Board's record, shall constitute

the record in the appeal.

(3) The Minister is entitled to be heard, by counsel or other- Minister

. c 111- • entitled to

Wise, upon the argument of an appeal under this section. be heard

(4) An appeal under this section may be made on questions of Powers of

, - ri" .11 court on

law or fact or both and the court may affirm, alter or rescind the appeal
decision of the Appeal Board and may exercise all powers of the
Appeal Board to direct the Director to take any action which the
Appeal Board may direct him to take and as the court considers
proper and for such purposes the court may substitute its opinion
for that of the Director or of the Appeal Board, or the court may

Order by
Director or
inspector

refer the matter back to the Appeal Board for rehearing, in whole
or in part, in accordance with such directions as the court consid-
ers proper.

13. — (1) The Director or an inspector may make a written
order directed to any one or more of,

(a) the owner of an x-ray machine;

(b) any person who operates the x-ray machine; or

(c) the radiation protection officer for the facility in which
the machine is installed or, in the case of a portable x-ray
machine, the radiation protection officer for the portable
x-ray machine,

requiring the taking of such action as, in the opinion of the
Director or inspector, upon reasonable and probable grounds, is
necessary in order to achieve compliance with this Act or the
regulations, or both, or is necessary or advisable to protect the
health or safety of any patient or member of the public in or near
the premises where the x-ray machine is operated.

Notice of
proposal to
make order

(2) The Director or the inspector who proposes to make an
order under subsection 1 shall serve notice of the proposal,
together with written reasons therefor, on the person to whom he
proposes to direct the order.

Notice

requiring

hearing

Power of
Director or
inspector
where no
hearing

Powers of

Appeal

Board

where

hearing

Application

ss. 11, 12

(3) A notice under subsection 2 shall inform the person that he is
entitled to a hearing by the Appeal Board if he gives notice in
writing to the Director and the Appeal Board, within fifteen days
after the notice under subsection 2 is served on him, requiring a
hearing and he may so require such a hearing.

(4) Where a person served with notice under subsection 2 does
not require a hearing in accordance with subsection 3, the Director
or inspector may carry out the proposal stated in his notice.

(5) Where a hearing is required under subsection 3, the Appeal
Board shall appoint a time for and hold the hearing and by order
may direct the Director or the inspector to carry out his proposal or
refrain from carrying out his proposal and to take such action as
the Appeal Board considers the Director or the inspector ought to
take in accordance with this Act and the regulations and, for such
purposes, the Appeal Board may substitute its opinion for that of
the Director or the inspector.

(6) Sections 11 and 12 apply with necessary modifications to
proceedings under this section.

14. — (1) Where the Director or an inspector is of the opinion, Emergency
upon reasonable and probable grounds, that an emergency exists
by reason of danger to the health or safety of any patient or
member of the public in respect of an x-ray machine or the
installation, operation or maintenance of an x-ray machine, the
Director or inspector may make an oral or written order directed
to any one or more of,

(a) the owner of the x-ray machine;

(b) any person who operates the x-ray machine;

(c) the radiation protection officer for the facility in which
the x-ray machine is installed or, in the case of a portable
x-ray machine, the radiation protection officer for the
portable x-ray machine.

(2) An order under subsection 1 may require the person to Contents

,..,., . , . - , of order

whom it IS directed to stop operating or stop the operation of the
x-ray machine either permanently or for a specific period of time.

(3) A person affected by an order under subsection 1 may immediate
appeal therefrom in person or by an agent and by telephone or
otherwise to the Director, and the Director, after receiving the
submissions of the person and of the inspector, shall vary, rescind

or confirm the order.

(4) Where the director makes an order under subsection 1 or Written

. , T-^. reasons

vanes or confirms an order under subsection 3, the Director shall for order
forthwith thereafter serve a written copy of the order or the order
as varied or confirmed, together with written reasons therefor,
upon the person to whom the order is directed.

(5) An order under subsection 1 or an order as varied or con- Notice
firmed under subsection 3 shall inform the person to whom it is
directed that he is entitled to a hearing by the Appeal Board if he
gives notice to the Director and the Appeal Board, within fifteen
days after a copy of the order or the order as varied or confirmed is
served on him, notice in writing requiring a hearing and he may so
require such a hearing.

(6) Notwithstanding that an appeal is taken against an order ^I^^'^\
under subsection 1 or an order as varied or confirmed under
subsection 3, the order is effective at and from the time it is
communicated to the person to whom it is directed until it is
confirmed, varied or rescinded on appeal and the person shall
comply with the order immediately.

(7) Where a hearing is required under subsection 5, the Appeal ^PT'^^gai
Board shall appoint a time for and hold the hearing and the Board
Appeal Board by order may confirm, alter or rescind the order of

the Director and for such purposes the Appeal Board may substi-
tute its opinion for that of the Director.

Application
of

ss. 11, 12

(8) Sections 11 and 12 apply with necessary modifications to
proceedings under this section.

Where order
rescinded
by Director

(9) The Director by an order may rescind an order made under
subsection 1 or an order as varied or confirmed and in such case
shall serve a copy of the order upon the person to whom the order
or the order as varied or confirmed was directed.

Commission
established

15. — (1) There is hereby established a commission to be
known as the Healing Arts Radiation Protection Commission.

Composition (2) The Commission shall be composed of five persons.

Disquali-
fication

(3) No person who is or has been a member of the governing
body of, or who is or has been registered under any Act governing
a health discipline or a health practice, shall be a member of the
Commission.

Chairman
and vice-
chairman

(4) The Lieutenant Governor in Council shall appoint the
members of the Commission and shall designate a chairman and a
vice-chairman from among the members of the Commission.

Terms of
office

(5) The members of the Commission may be appointed for a
term of one, two or three years and members may be reappointed,
but in no case shall a member serve for more than six consecutive
years.

Vacancy (6) Every vacancy on the Commission caused by the death,

resignation or incapacity of a member may be filled by the
appointment by the Lieutenant Governor in Council of a person to
hold office for the remainder of the term of the member.

Remuneration (7) The members of the Commission shall be paid such remun-
eration and expenses as are determined by the Lieutenant Gover-
nor in Council.

Staff (8) Such employees as are necessary to carry out the duties of

f 386 ^^^°' ^^^ Commission shall be employed under The Public Service Act.

Duties

Commission

16. — (1) The Commission,

(a) shall advise the Minister on matters relating to the health
and safety of persons in respect of irradiation by x-rays;

{h) is responsible for the continuing development of an
X-ray Safety Code;

(c) shall review the contents of courses in the operation of
x-ray machines and x-ray equipment and approve the
courses it considers satisfactory;

{d) shall examine, study and report to the Minister on such
matters, including health screening programs involving
the use of x-rays, as the Minister may refer to the Com-
mission for the purpose; and

{e) shall perform such other duties as are assigned to it by or
under this or. any other Act.

(2) The Commission shall submit an annual report on its Annual
tivities to the Minister which shall ii
information as the Minister may require.

activities to the Minister which shall include such additional "^^^""^

1 7. — (1) The Commission shall establish advisory committees Advisory
to assist it in the continuing development of an X-ray Safety Code
and to assist it in respect of safety in relation to irradiation from
x-rays in each of the following disciplines:

1. Chiropody.

2. Chiropractic.

3. Dentistry.

4. Medical radiology.

5. Radiological technology.

(2) Subject to the approval of the Minister, the Commission Wem
may establish additional advisory committees to assist it in respect

of safety in relation to irradiation from x-rays.

(3) Subject to the approval of the Minister, the Commission Composition
shall fix the total number of members of each advisory committee
established under subsection 1 or 2.

(4) The members of an advisory committee appointed under Remuneration
subsection 1 or 2 may be paid such remuneration on a daily or

other basis, and such necessary expenses, as may be fixed or
approved by the Minister.

18. Subject to the approval of the Minister, the Commission Professional
may engage scientific, technical and professional consultants in assistance
matters relating to protection from irradiation by x-rays.

Director
of X-ray
Safety

1 9 . The Minister shall appoint an employee of the Ministry of
Health as Director of X-ray Safety for the purposes of this Act and
the regulations.

Inspectors 20. — (1) The Minister may appoint in writing one or more

employees of the Ministry or other persons as inspectors for the
purposes of this Act and the regulations and in an appointment
may limit the authority of an inspector in such manner as the
Minister considers necessary or advisable.

Certificate

appointment

(2) The Minister shall issue to every inspector appointed under
subsection 1 a certificate of his appointment.

Production

certificate

(3) Every inspector, in the execution of his duties under this Act
and the regulations, shall produce his certificate of appointment
upon request.

Inspection

Powers

inspector

(4) An inspector at all reasonable times may enter and inspect
the premises and may inspect the operations and all records and
radiographs where an x-ray machine is installed or operated and
may require the production of proof that any person who operates
an x-ray machine meets the qualifications and requirements pre-
scribed by the regulations to ensure that the provisions of this Act
and the regulations are complied with.

(5) Upon an inspection under this section, an inspector is
entitled to make tests and examinations to determine whether
or not x-ray machines are installed and used in compliance with
this Act and the regulations.

Copies

Admissibility

copies

(6) Upon an inspection under this Act, an inspector, upon
giving a receipt therefor, may remove any material that relates to
the purpose of the inspection in order to make a copy thereof, but
the copying shall be carried out with reasonable dispatch and the
material in question shall be promptly thereafter returned to the
person being inspected.

(7) Any copy made as provided in subsection 6 and purporting
to be certified by an inspector is admissible in evidence in any
action, proceeding or prosecution as prima facie proof of the
original.

Obstruction

Information
confidential

(8) No person shall obstruct an inspector or withhold or
destroy, conceal or refuse to furnish any information or thing
required by the inspector for the purposes of an inspection.

2 1 . — (1) Each member of the Commission, each employee of
the Commission, each consultant engaged by the Commission, the

Director, each inspector appointed under this Act and each person
engaged in the administration of this Act and the regulations shall
preserve secrecy with respect to all matters that come to his
knowledge in the course of his employment or duties pertaining to
the health of any person and shall not communicate any such
matter to any other person except as provided in this Act.

(2) A person referred to in subsection 1 may furnish information Exceptions
pertaining to the health of a person,

(a) in connection with the administration of this Act or any
Act of Ontario or of Canada related to the delivery of
health services or to safety in relation to irradiation from
x-rays or regulations made thereunder;

(b) in proceedings under this Act or the regulations;

(c) to the person who provided a service to which the infor-
mation is related, his solicitor or personal representa-
tive, the executor, administrator or committee of his
estate, his trustee in bankruptcy or other legal represen-
tative; or

id) to the person who received the service to which the
information is related, his solicitor, personal represen-
tative, another person who has lawful custody of or is
guardian for the person or other legal representative of
the person.

(3) The Director may communicate information of the kind Exception

, for

referred to in subsection 2 and any other information related professional
thereto to the statutory body governing the profession or to a fi'^cipime
professional association of which a person who provides a service
referred to in subsection 2 is a member or governing the health
practice practised by the person.

22. The Lieutenant Governor in Council may make regula- Regulations
tions,

(a) prescribing any matter required or authorized by this
Act to be, or referred to in this Act as, prescribed by the
regulations;

(b) prescribing classes of or in respect of any matter that is or
may be prescribed under the regulations;

(d) exempting any class of persons, x-ray machines or
facilities from any provision of this Act or the regulations
and attaching conditions to any such exemption;

(e) governing or limiting, or both, the purposes for which
any class of persons may operate x-ray machines or any
class of x-ray machines;

(/) prescribing an X-ray Safety Code including,

(i) prescribing standards for the installation of x-ray
machines,

(ii) prescribing standards for darkrooms and dark-
room procedures associated with the operation
of x-ray machines or any class of x-ray machines,

(iii) prescribing standards and procedures for the
operation of x-ray machines and x-ray equipment
or any class of x-ray machines or x-ray equip-
ment,

(iv) prescribing physical standards for persons who
operate x-ray machines or x-ray equipment,

(v) prescribing standards and procedures for the
purpose of minimizing exposure to x-rays of
patients and members of the public,

(vi) governing the testing of x-ray machines and x-ray
equipment including, but not limited to, pre-
scribing tests in respect of x-ray machines and
x-ray equipment and requiring persons operating
x-ray machines and x-ray equipment and radia-
tion protection officers to perform the tests,

(vii) prescribing programs for evaluation of per-
formance of procedures and observance of
standards,

(viii) prescribing additional duties of radiation protec-
tion officers and persons who own or operate
x-ray machines,

(ix) prescribing standards of design, construction,
operation and performance for x-ray machines
and x-ray equipment operated in Ontario,

(x) requiring compliance with any matter prescribed
or governed under subclauses i to ix;

(g) governing the keeping of records by persons who own or
operate x-ray machines and by radiation protection
officers and requiring and governing returns by them to
the Director;

(h) prescribing classes of radiation protection officers and
restricting or limiting the types of facilities or x-ray
machines or both for which any such class may be desig-
nated as radiation protection officers;

(i) prescribing subject-matters for courses of study in the
operation of x-ray machines and x-ray equipment and
prohibiting approval by the Commission of any course of
study that does not include a subject-matter so pre-
scribed for the course of study;

ij) prescribing additional duties and powers of the Com-
mission, the Director and inspectors;

(k) prescribing forms and providing for their use;

(/) adopting by reference, in whole or in part, with such
changes as the Lieutenant Governor in Council consid-
ers necessary, any code or standard and requiring com-
pliance with any code or standard that is so adopted;

(w) prescribing fees for registrations and approvals.

23. — (1) Every person who. Offences

(a) knowingly furnishes false information in an application
under this Act or in any statement or return required to
be furnished under this Act or the regulations;

(b) fails to comply with any order, direction or other
requirement made under this Act; or

(c ) contravenes any provision of this Act or the regulations ,

and every director or officer of a corporation who knowingly
concurs in such furnishing, failure or contravention is guilty of an
offence and on conviction is liable to a fine of not more than
$5,000.

(2) Where a corporation is convicted of an offence under sub- Corporations
section 1, the maximum penalty that may be imposed upon the
corporation is $25,000 and not as provided therein.

Proceedings

to prohibit

continuation

repetition

contravention

24. Where any provision of this Act or the regulations or any
order issued under this Act by the Director is contravened, not-
withstanding any other remedy or any penalty imposed, the
Director may apply to the Divisional Court by originating motion
for an order prohibiting the continuation or repetition of the
contravention or the carrying on of any activity specified in the
order that, in the opinion of the court, will or is likely to result in
the continuation or repetition of the contravention by the person
committing the contravention, and the court may make the order
and it may be enforced in the same manner as any other judgment
of the Supreme Court.

Protection
from
personal
liability

25. — (1) No action or other proceeding for damages shall be
instituted against the Director or an inspector for any act done in
good faith in the execution or intended execution of his duty or for
any alleged neglect or default in the execution in good faith of his
duty.

Crown not
relieved of
liability

R.S.O. 1970,
c. 365

(2) Subsection 1 does not, by reason of subsections 2 and 4 of
section 5 of The Proceedings Against the Crown Act, relieve the
Crown of liability in respect of a tort committed by an agent or
servant of the Crown to which it would otherwise be subject and
the Crown is liable under that Act for any such tort in a like
manner as if subsection 1 had not been enacted.

Service

26. — (1) Any notice, order, decision or other document
required to be given, served or delivered under this Act or the
regulations is sufficiently given, served or delivered if delivered
personally or sent by registered mail addressed to the person to
whom it is required to be given, served or delivered at the latest
address for service appearing on the records of the Ministry or,
where there is no address for service so appearing, at the address,
if any, last known to the Director.

When service
deemed made

(2) Where service is made by registered mail in accordance with
subsection 1, the service shall be deemed to be made on the
seventh day after the day of mailing unless the person on whom
service is being made establishes that he did not, acting in good
faith, through absence, accident, illness or other cause beyond his
control, receive the notice, order, decision or other document until
a later date.

Commence-
ment

2 7 . This Act comes into force on a day to be named by procla-
mation of the Lieutenant Governor.

Short title

28. The short title of this Act is The Healing Arts Radiation
Protection Act, 1980.

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BILL 177

4th Session, 31st Legislature, Ontario
29 Elizabeth II, 1980

An Act to provide for
the Safe Use of X-ray Machines in the Healing Arts

The Hon. D. R. Timbrell
Minister of Health

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

BILL 177 1980

An Act to provide for the Safe Use
of X-ray Machines in the Healing Arts

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

1.— (1) In this Act, Interpre-

' ' tation

(a) "Appeal Board" means the Health Facilities Appeal

Board established by The Ambulance Act; ^ f n^ ^^^°

c. 20

(6) "Commission" means the Healing Arts Radiation Pro-
tection Commission established under section 15;

(c ) "Director" means the Director of X-ray Safety appointed
under section 19;

(d) "inspector" means an inspector appointed under section
20;

(e) "owner", when used with reference to an x-ray machine,
means the owner or other person who has the manage-
ment and control of the x-ray machine;

if) "Minister" means the Minister of Health;

(g) "regulations" means the regulations made under this

Act;

(h) "x-ray equipment" includes x-ray imaging systems, pro-
cessing equipment and equipment directly related to the
production of images for diagnosis or directly related to
irradiation with x-rays for therapy;

(i) "x-ray machine" means an electrically powered device
the purpose and function of which is the production of
x-rays for the irradiation of a human being for a
therapeutic or diagnostic purpose;

Shielding

(i) "x-rays" means artificially produced electromagnetic
radiation with peak energy greater than five kilo volts.

(2) In this Act, a reference to the installation of an x-ray
machine includes a reference to the shielding of the area in which
the x-ray machine is installed.

Administration
of Act

2. The Minister is reponsible for the administration of this
Act.

Approval of
installation

Issuance of
approval

Criteria

Installation

Revocation
of approval

3. — (1) No person shall install an x-ray machine unless the
Director has issued written approval for the installation.

(2) Subject to subsection 3, any person who applies in accord-
ance with this Act and the regulations for written approval for the
installation of an x-ray machine and,

(a) submits to the Director the plans, specifications and
information prescribed by the regulations;

(b) who meets the requirements of this Act and the regula-
tions; and

is entitled to be issued the written approval.

(3) The Director may refuse to approve a proposed installation
of an x-ray machine where,

(a) the proposed installation will not comply with this Act or
the regulations;

(b) the application therefor is incomplete;

(d) any fees due are unpaid.

(5) Subject to section 10, the Director may revoke an approval
where it was issued on mistaken or false information.

(6) Where the Director has given written approval for the Approval

11 • r I'll 1-11 of change

installation of an x-ray machine and the x-ray machine has been
installed in accordance with the plans, specifications and other
information on the basis of which the Director issued the approv-
al, no person shall change the installation without the written
approval of the Director for the change.

(7) Subsections 1 to 5 apply with necessary modifications in Application
respect of a change in an installation of an x-ray machine and, for

the purpose, changing an installation of an x-ray machine shall be
deemed to be installing an x-ray machine.

(4) An owner of an x-ray machine who is registered with the Transitional
Ministry immediately before the coming into force of this Act shall

be deemed to have registered with the Director under subsection
1.

(5) The Director may require a person mentioned in subsection ^^'^"^.^^
4 to file with the Director plans, specifications and information in
respect of the x-ray machine and its installation and every such
person shall file the plans, specifications and information when so
required.

5. — (1) No person shall operate an x-ray machine for the Use of
irradiation of a human being unless the person meets the qualifi- machin
cations and requirements prescribed by the regulations.

(2) The following persons shall be deemed to meet the qualifi- ^^^^^^l
cations prescribed by the regulations: be qualified

1. A legally qualified medical practitioner.

2 . A member of the Royal College of Dental Surgeons of
Ontario.

R.S.O. 1970,
c. 70

A person registered as a chiropodist under The
Chiropody Act on the 1st day of November, 1980.

4. A person registered as a chiropodist under The
Chiropody Act after the 1st day of November, 1980, who
is a graduate of a four-year course of instruction in
chiropody accredited by the Council on Education of
The Canadian Association of Chiropodists.

R.S.O. 1970,
c. 137

5. A person registered as a chiropractor under The Drug-
less Practitioners Act.

6. A person registered as an osteopath under The Drugless
Practitioners Act.

R.S.O. 1970,
c. 399

7. A radiological technician registered under The
Radiological Technicians Act.

8. A person registered as a dental hygienist by the Council
of the Royal College of Dental Surgeons of Ontario.

Transitional (3) Subscction 1 does not apply before the 1st day of January,

Instructions
required

6 . No person shall operate an x-ray machine for the irradiation
of a human being unless the irradiation has been prescribed by,

(a) a legally qualified medical practitioner;

{b) a member of the Royal College of Dental Surgeons of
Ontario;

R.S.O. 1970,
c. 70

ifi) a person registered as a chiropodist under The
Chiropody Act after the 1st day of November, 1980, who
is a graduate of a four-year course of instruction in
chiropody accredited by the Council on Education of
The Canadian Association of Chiropodists;

R.S.O. 1970
c. 137

(e) a person registered as a chiropractor under The Drugless
Practitioners Act; or

(/) a person registered as an osteopath under The Drugless
Practitioners Act.

7. On and after the 1st day of January, 1984, or such later date Causing or
as may be named by proclamation of the Lieutenant Governor, no use™ *"^
person shall cause or permit any other person to operate an x-ray ^'^^^
machine for the irradiation of a human being unless the other
person meets the qualifications and requirements prescribed by

the regulations.

8. No person shall operate an x-ray machine for the irradiation ^■'^y

11 1 • machine

of a human bemg, unless the x-ray machme meets the standards standards
prescribed by the regulations.

9. — (1) The owner of an x-ray machine that is installed for the Radiation

/- 1 • 1- • r 1 1 • 1 11 1 • protection

purpose of the irradiation of human beings shall designate a officer
person who meets the qualifications prescribed by the regulations
and who is,

(a) a legally qualified medical practitioner;

(b) a member of the Royal College of Dental Surgeons of
Ontario;

(d), a person registered under The Chiropody Act after the
1st day of November, 1980 who is a graduate of a
four-year course of instruction in chiropody accredited
by the Council of Education of The Canadian Associa-
tion of Chiropodists;

(e) a person registered as a chiropractor under r/?eZ)rwg/e55 RS_o. i97o,
Practitioners Act; or

(J) a person registered as an osteopath under The Drugless
Practitioners Act,

as the radiation protection officer for the facility in which the x-ray
machine is installed.

(2) The owner of a portable x-ray machine shall designate a ^^^'"'
person who meets the qualifications prescribed by the regulations x°ray
and who is described in clause a, b, c, d, e or/ of subsection 1 as the "la^^hine
radiation protection officer for the portable x-ray machine.

(3) Subsection 2 does not apply in respect of a portable x-ray Exception
machine that is operated only in a facility for which a radiation
protection officer has been appointed under subsection 1, but the
radiation officer is responsible in respect of the portable x-ray
machine in accordance with subsection 4.

Responsi-
bilities

(4) A radiation protection officer for a facility is responsible,

(a) for ensuring that every x-ray machine operated in the
facility is maintained in safe operating condition; and

(b) for such other matters related to the safe operation of
each x-ray machine in the facility as are prescribed by
the regulations.

Proposal
to refuse
to issue
or to revoke
an approval

NoUce (2) A notice under subsection 1 shall inform the applicant or

Powers of

Appeal

Board

(3) Where a hearing is required under subsection 2, the Appeal
Board shall appoint a time for and hold the hearing and may direct
the Director to carry out his proposal or refrain from carrying out
his proposal and to take such action as the Appeal Board considers
the Director ought to take in accordance with this Act and the
regulations and, for such purposes, the Appeal Board may sub-
stitute its opinion for that of the Director.

Parties 1 1 . — (1) The Director, the applicant or other person who has

required the hearing and such other persons as the Appeal Board
may specify are parties to proceedings before the Appeal Board
under this Act.

Notice of
hearing

Examination
of docu-
mentary
evidence

Members
holding
hearing not
to have
taken part
in investiga-
tion, etc.

(5) The oral evidence taken before the Appeal Board at a Recording
hearing shall be recorded and, if so required, copies of a transcript
thereof shall be furnished upon the same terms as in the Supreme
Court.

(7) No member of the Appeal Board shall participate in a On'y members
decision of the Appeal Board pursuant to a hearing unless he was participate
present throughout the hearing and heard the evidence and argu- '" decision
ment of the parties and, except with the consent of the parties, no
decision of the Appeal Board shall be given unless all members so

present participate in the decision.

(8) Documents and things put in evidence at a hearing shall. Release of
upon the request of the person who produced them, be released to evidence
him by the Appeal Board within a reasonable time after the matter

in issue has been finally determined.

12. — (1) Any party to the proceedings before the AppeaMPpe'*' *°
Board under this Act may appeal from its decision or order to the
Supreme Court in accordance with the rules of court.

(2) Where any party appeals from a decision or order of the ^^S?,*"^'"
Appeal Board, the Appeal Board shall forthwith file in the Sup- in court
reme Court the record of the proceedings before it in which the
decision was made, which, together with the transcript of evi-
dence if it is not part of the Appeal Board's record, shall constitute

the record in the appeal.

(3) The Minister is entitled to be heard, by counsel or other- Minister

. , - , , , • • entitled to

Wise, upon the argument of an appeal under this section. be heard

(4) An appeal under this section may be made on questions of Powers of

, r t t ri" 1 • 1 1 court on

Order by
Director or
inspector

refer the matter back to the Appeal Board for rehearing, in whole
or in part, in accordance with such directions as the court consid-
ers proper.

13. — (1) The Director or an inspector may make a written
order directed to any one or more of,

(a) the owner of an x-ray machine;

(b) any person who operates the x-ray machine; or

(c) the radiation protection officer for the facility in which
the machine is installed or, in the case of a portable x-ray
machine, the radiation protection officer for the portable
x-ray machine,

Notice of
proposal to
make order

Notice

requiring

hearing

Power of
Director or
inspector
where no
hearing

Powers of

Appeal

Board

where

hearing

Application

ss. 11, 12

(4) Where a person served with notice under subsection 2 does
not require a hearing in accordance with subsection 3, the Director
or inspector may carry out the proposal stated in his notice.

(6) Sections 11 and 12 apply with necessary modifications to
proceedings under this section.

(a) the owner of the x-ray machine;

(b) any person who operates the x-ray machine;

(2) An order under subsection 1 may require the person to Contents
whom it is directed to stop operating or stop the operation of the
x-ray machine either permanently or for a specific period of time.

or confirm the order. '

(4) Where the director makes an order under subsection 1 or Written

c- 11- 1 T^- 1 ,, reasons

(5) An order under subsection 1 or an order as varied or con- ^o*^'"
firmed under subsection 3 shall inform the person to whom it is
directed that he is entitled to a hearing by the Appeal Board if he
gives notice to the Director and the Appeal Board, within fifteen
days after a copy of the order or the order as varied or confirmed is
served on him, notice in writing requiring a hearing and he may so
require such a hearing.

(6) Notwithstanding that an appeal is taken against an order ^/^^'^l

,. 1 -1 r- of order

under subsection 1 or an order as varied or confirmed under
subsection 3, the order is effective at and from the time it is
communicated to the person to whom it is directed until it is
confirmed, varied or rescinded on appeal and the person shall
comply with the order immediately.

(7) Where a hearing is required under subsection 5, the Appeal Powers

T> 1 1 11 ■ ■ r 111111 • 11 of Appeal

Board shall appoint a time tor and hold the hearing and the Board
Appeal Board by order may confirm, alter or rescind the order of

Application
of

ss. 11, 12

Where order
rescinded
by Director

the Director and for such purposes the Appeal Board may substi-
tute its opinion for that of the Director.

(8) Sections 11 and 12 apply with necessary modifications to
proceedings under this section.

Commission
established

15. — (1) There is hereby established a commission to be
known as the Healing Arts Radiation Protection Commission.

Composition (2) The Commissiou shall be composed of five persons.

Disquali-
fication

Chairman
and vice-
chairman

Terms of
office

Vacancy

(4) The Lieutenant Governor in Council shall appoint the
members of the Commission and shall designate a chairman and a
vice-chairman from among the members of the Commission.

(5) The members of the Commission may be appointed for a
term of one, two or three years and members may be reappointed,
but in no case shall a member serve for more than six consecutive
years.

(6) Every vacancy on the Commission caused by the death,
resignation or incapacity of a member may be filled by the
appointment by the Lieutenant Governor in Council of a person to
hold office for the remainder of the term of the member.

Remuneration

(7) The members of the Commission shall be paid such remun-
eration and expenses as are determined by the Lieutenant Gover-
nor in Council.

Staff (8) Such employees as are necessary to carry out the duties of

f 38? ^^^°' ^^^ Commission shall be employed under The Public Service Act.

16. — (1) The Commission,

Duties

Commission

{a) shall advise the Minister on matters relating to the health
and safety of persons in respect of irradiation by x-rays;

{b) is responsible for the continuing development of an
X-ray Safety Code;

(c) shall review the contents of courses in the operation of
x-ray machines and x-ray equipment and approve the
courses it considers satisfactory;

(d) shall examine, study and report to the Minister on such
matters, including health screening programs involving
the use of x-rays, as the Minister may refer to the Com-
mission for the purpose; and

(e) shall perform such other duties as are assigned to it by or
under this or any other Act.

(2) The Commission shall submit an annual report on its Annual
tivities to the Minister which shall ii
information as the Minister may require.

rcDort

activities to the Minister which shall include such additional

1. Chiropody.

2. Chiropractic.

3. Dentistry.

4. Medical radiology.

5. Radiological technology.

(2) Subject to the approval of the Minister, the Commission Wem
may establish additional advisory committees to assist it in respect

of safety in relation to irradiation from x-rays.

(3) Subject to the approval of the Minister, the Commission Composition
shall fix the total number of members of each advisory committee
established under subsection 1 or 2.

(4) The members of an advisory committee appointed under Remuneration
subsection 1 or 2 may be paid such remuneration on a daily or

other basis, and such necessary expenses, as may be fixed or
approved by the Minister.

Director
of X-ray
Safety

1 9. The Minister shall appoint an employee of the Ministry of
Health as Director of X-ray Safety for the purposes of this Act and
the regulations.

Inspectors 20. — (1) The Minister may appoint in writing one or more

Certificate

appointment

(2) The Minister shall issue to every inspector appointed under
subsection 1 a certificate of his appointment.

Production

certificate

(3) Every inspector, in the execution of his duties under this Act
and the regulations, shall produce his certificate of appointment
upon request.

Inspection

Powers

inspector

Copies (6) Upon an inspection under this Act, an inspector, upon

giving a receipt therefor, may remove any material that relates to
the purpose of the inspection in order to make a copy thereof, but
the copying shall be carried out with reasonable dispatch and the
material in question shall be promptly thereafter returned to the
person being inspected.

Admissibility

copies

(7) Any copy made as provided in subsection 6 and purporting
to be certified by an inspector is admissible in evidence in any
action, proceeding or prosecution as prima facie proof of the
original.

Obstruction (g) No person shall obstruct an inspector or withhold or

destroy, conceal or refuse to furnish any information or thing
required by the inspector for the purposes of an inspection.

Information
confidential

21 . — (1) Each member of the Commission, each employee of
the Commission, each consultant engaged by the Commission, the

(2) A person referred to in subsection 1 may furnish information Exceptions
pertaining to the health of a person,

(b) in proceedings under this Act or the regulations;

(d) to the person who received the service to which the
information is related, his solicitor, personal represen-
tative, another person who has lawful custody of or is
guardian for the person or other legal representative of
the person.

(3) The Director may communicate information of the kind Exception
referred to in subsection 2 and any other information related professional
thereto to the statutory body governing the profession or to a discipline
professional association of which a person who provides a service
referred to in subsection 2 is a member or governing the health
practice practised by the person.

22. The Lieutenant Governor in Council may make regula- Regulations
tions,

(a) prescribing any matter required or authorized by this
Act to be, or referred to in this Act as, prescribed by the
regulations;

(b) prescribing classes of or in respect of any matter that is or
may be prescribed under the regulations;

(d) exempting any class of persons, x-ray machines or
facilities from any provision of this Act or the regulations
and attaching conditions to any such exemption;

(e) governing or limiting, or both, the purposes for which
any class of persons may operate x-ray macthines or any
class of x-ray machines;