(Vu/tJ^ ^ /'».^ % '«*o LEGISLATIVE ASSEMBLY OF ONTARIO FIRST SESSION THIRTY-FIRST PARLIAMENT BILLS AS INTRODUCED IN THE HOUSE TOGETHER WITH REPRINTS AND THIRD READINGS 137243 SESSION JUNE 27th to JULY 12th, 1977 AND OCTOBER 17th to DECEMBER 16th, 1977 INDEX FIRST SESSION THIRTY-FIRST PARLIAMENT PUBLIC BILLS (GOVERNMENT) A Bill No. Airports Act — Act to amend 35 Assessment Act — Act to amend 91 Audit Act — Act to revise 43 B Business Corporations Act — Act to amend 31 C Children — Act to reform the Law respecting the Status of 61 Children — Act to provide for the Transfer of Services relating to 23 Commodity Futures Contracts — Act to regulate Trading in 32 Condominium Act — Act to amend 115 Corporations Tax Act, 1972 — Act to amend 15 — Act to amend 88 County Judges Act — Act to amend 78 D Discrimination in Business Relationships — Act to prohibit 129 District Municipality of Muskoka Act — Act to amend 37 E Environment in Ontario — Act to impose a Tax on Certain Pollutants of the 18 Essex County Board of Education to provide a French-language Secondary School — Act to require 3 Environmental Assessment Act, 1975 — Act to amend 2 F Family Law Reform Act, 1977 59 Farm Products Payments Act — Act to amend 45 Farm Products Marketing Act — Act to amend 102 G Gift Tax Act, 1972— Act to amend 16 [3] 4 H Bill No. Highway Traffic Act — Act to amend 19 — Act to amend 85 — Act to amend 107 — Act to amend 112 I Income Tax Act — Act to amend 5 Income Tax Refunds — Act to regulate the Discounting of 99 Judicature Act — Act to amend 77 — Act to amend 79 Labour Relations Act — Act to amend 22 Land Speculation Tax Act, 1974 — Act to amend 14 Land Transfer Tax Act, 1974 — Act to amend 13 Landlord and Tenant Act — Act to amend 128 Legislative Assembly Act — Act to amend 26 —Act to amend 47 ^Act to amend 122 Legislative Assembly Retirement Allowances Act, 1973 — Act to amend. . . 48 — Act to amend. . . 123 M Marriage Act — Act to revise 62 Mental Health Act — Act to amend 124 Milk Act — Act to amend 103 Ministry of Northern Affairs— Act to establish 21 Motor Vehicle Tax Act — Act to amend 17 Motorized Snow Vehicles Act, 1974 — Act to amend 20 Municipal Act — Act to amend 40 —Act to amend 127 Municipal Elections — Act respecting 49 Municipal Elections Act, 1972 — Act to revise 98 Municipalities — Act to provide for the Licensing of Businesses by 119 Municipality of Metropolitan Toronto Act — Act to amend 39 ^Act to amend 120 N Negligence Act — Act to amend 94 :5 O Bill No. Occupational Health and Occupational Safety of Workers — Act respecting 70 Ontario Guaranteed Annual Income Act, 1974 — Act to amend 73 Ontario Unconditional Grants Act, 1975 — Act to amend 6 Ontario Youth Employment Act, 1977 11 Oxford, County of — Act to provide for Municipal Hydro-Electric Service in the HI Oxford Act, 1974, County of — Act to amend 38 P Peel Municipal Hydro-Electric Act, 1977 56 Personal Property Security Act — Act to amend 24 Planning Act — Act to amend 110 Police Act — Act to amend 113 — Act to amend 114 Provincial Courts Act — Act to amend 80 Public Transportation and Highway Improvement Act — Act to amend ... 84 Public Utilities Act — Act to amend 41 Public Vehicles Act — Act to amend 34 R ♦Raising of Money on the Credit of the Consolidated Revenue Fund — Act to authorize 8 Retail Sales Tax Act — Act to amend 12 Regional Municipalities — Act to amend certain Acts respecting 36 Ryerson Polytechnical Institute — Act respecting 25 S Sandwich, Windsor and Amherstburg Railway — Act respecting 97 Securities Act — Act to revise 30 Small Claims Courts Act — Act to amend 81 Succession Duty Act — Act to amend 7 Succession to the Estates of Deceased Persons — Act to reform the Law respecting 60 Successor Rights on the Transfer of and Undertaking to or from the Crown — Act to provide for 4 Supply Act, 1977 130 Surrogate Courts Act — Act to amend 65 T Timmins-Porcupine Act, 1972 — Act to amend 42 Tobacco Tax Act — Act to amend 10 Topsoil in Ontario — Act to preserve 72 Toronto Area Transit Operating Authority Act, 1974 — Act to amend. ... 44 * Recorded vote 6 U Bill No. Unified Family Court Act, 1976 — Act to amend 1 V Venture Investment Corporations — Act respecting the Registration of . . . 9 PUBLIC BILLS (PRIVATE MEMBERS') A Bill No. Assessment Act — Act to amend 95 C Class Actions — Act to provide for 51 Condominium Act — Act to amend 108 — Act to amend 118 Condominium Property Management Firms — Act to register 96 Consumer Protection Act — Act to amend 53 £ Education Act, 1974 — Act to amend 57 — Act to amend 66 Election Act — Act to amend 116 Election Public Opinion Polls — Act respecting 29 Emergency Medical and First Aid Services — Act to relieve Persons from Liability in respect of voluntary 71 Employment Standards Act, 1974 — Act to amend 83 — Act to amend 93 — Act to amend 106 Environmental Assessment Act, 1975— Act to amend 100 F Family Benefits Act — Act to amend 54 Family Day — Act respecting 121 Freedom of Information — Act to provide for 50 G Government Programs — Act to provide for the Disclosure of Information relating to the Cost of 125 H Highway Traffic Act — Act to amend 92 L Labour Relations Act — Act to amend 67 — Act to amend 68 — Act to amend 69 — Act to amend 126 Landlord and Tenant Act — Act to amend 117 Legislative Assembly Act — Act to amend 74 Liquor Licence Act, 1975 — Act to amend 46 — Act to amend 76 — Act to amend 87 M Hi" \- Ministry of Consumer and Commercial Relations Act — Act to amend .... 75 Motor Vehicle Access to Property by Private Road — Act respecting 63 O Occupiers' Liability — Act respecting 52 Official Languages of Ontario — Act respecting 86 Ontario Food Terminal Act — Act to amend 82 Ontario Human Rights Code — Act to amend 27 Ontario Waste Disposal and Reclamation Commission — Act to establish. . 58 Ontario Commission on Waste Management and Resource Recovery Systems 105 P Petty Trespass Act — Act to amend 101 Planning Act — Act to amend 89 Proceedings Against the Crown Act — Act to amend 33 Public Hospitals Act — Act to amend 104 S Special Education Programs — Act respecting 109 — Act respecting 28 Small Business in Ontario — Act respecting 64 T Toxic and Hazardous Substances — Act respecting 90 9 PRIVATE BILLS B Bill No. Burlington — Act respecting the City of Pr8 C Casgrain — Act respecting Certain Lands in the Township of Prl2 Chatham — Act respecting the City of Pr30 Circle R Boys Ranch — Act respecting Prl9 D Dover — Act respecting the Township of Pr2 E East Zorra-Tavistock — Act respecting the Township of Pr29 Etobicoke — Act respecting the Borough of Pr22 F Fuller-Austin of Canada Limited — An Act respecting Pr21 G Garnet Holdings Limited — Act respecting Pr31 Georgina — Act respecting the Township of Pr30 H Hamilton — Act respecting the City of Pr7 — Act respecting the City of Pr28 K Kedna Enterprises Limited — Act respecting Pr33 Kitchener — Act respecting the City of Prl7 London — Act respecting the City of PrlO Loubill Hobbies and Sports Limited — Act respecting Pr37 M Middlesex — Act respecting the County of Prl6 Matol Holdings Limited — Act respecting Pr23 N Niagara Institute for International Studies — Act respecting Pr24 10 O Bill No. Ottawa — Act respecting the City of Prl4 — Act respecting the City of Prl5 P Peterborough — Act respecting the County of Pr4 Port McNicoll — Act respecting the Village of Pr5 S Sarnia — Act respecting the City of Pr25 — Act respecting the City of Pr34 Sault Ste. Marie — Act respecting the City of Pr9 Scarborough — Act respecting the Borough of Pr38 Shore and Horwitz Construction Limited — Act respecting Pr35 Stanley Starr Limited — Act respecting Pr32 Sudbury Young Women's Christian Association — Act respecting Prl3 T Toronto — Act respecting the City of Prl8 Tay — Act respecting the Township of Prl Thunder Bay — Act respecting the City of Pr36 W Windsor — Act respecting the City of Prl 1 — Act respecting the City of Pr27 BILL Prl Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of Tay Mr. Smith Simcoe East TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl 1977 An Act respecting the Township of Tay WHEREAS The Corporation of the Township of Tay Preamble hereby represents that by-laws numbers 808, 811, 842 and 1213 of the Township in the County of Simcoe purported to authorize the closing up and sale of certain road allowances and subdivision roads ; and whereas pursuant to the aforesaid by-laws, conveyances were made by the said Township and subsequently the said closed roads became parts of residential subdivision lots upon which houses have been erected, mortgaged and sold to many various owners; and whereas the road allowances described in by-laws 808, 811 and 842 lead to the waters of Georgian Bay and therefore required the approval of the Lieutenant Governor of Ontario, which approval was not obtained and all of the aforesaid by-laws 808, 811, 842 and 1213 required approval by by-law of the County of Simcoe within one year of the passing of the said by-laws by the Township of Tay, which approval likewise was not obtained ; and whereas the omission by the Township of Tay to obtain such required approval as aforesaid within the requisite periods of time has rendered the aforesaid by-laws of no force and effect and has thereby created a serious cloud upon the titles of the present registered owners of the aforesaid lots; and whereas The Corporation of the Township of Tay hereby applies for special legislation to confirm and validate by-laws numbers 808, 811, 842 and 1213; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. By-laws numbers 808, 811, 842 and 1213 of The Cor- ^y^m-med poration of the Township of Tay, set out as the Schedule hereto, are hereby confirmed and declared to be valid and binding from the respective dates of the passing of such by-laws. Conveyances 2. All conveyances by The Corporation of the Township of Tay pursuant to by-laws numbers 808, 811, 842 and 1213 are hereby ratified, confirmed and declared to be valid and binding. Commence- ment 3. This Act comes into force on the day it receives Royal Assent. Short title 4. The short title of this Act is The Township of Tay Act, 1977. SCHEDULE THE CORPORATION OF THE TOWNSHIP OF TAY By-law No. 808 A By-law for the purpose of stopping up and closing the original allowance for road across concessions eight and nine if any between lot fifteen and lot sixteen in the said Concession in the Township of Tay, and conveying the same to Daniel Robins. Whereas Daniel Robins is the owner of the lands that will be affected by the passing of this by-law, and proposes to subdivide portions of the same into buildings lots ; and Whereas a plan of the subdivision about to be laid out by the said Daniel Robins, certified by an Ontario Land Surveyor, has been submitted to the Municipal Councils affected thereby within the meaning of section 7 of The Planning and Development Act, and has been approved by said Municipal Councils; and Whereas the proposed subdivision includes a road allowance which will be equal to or greater in area than that to be closed by this By-Law and will be laid out in the imrnediate vicinity thereof; and Whereas the general public will be served by the new allowance for road equally as well as by the original allowance ; and Whereas written notice of the intention to pass this By-Law has been posted up for the period of one month in the most public places in the immediate neighbourhood of the portion of said allowance for road about to be closed and at the various points of access thereto, and published weekly for four consecutive weeks in the Victoria Harbour Era, a newspaper published in the Town of Victoria Harbour; and Whereas the Council of the said Township of Tay has heard in person or by Counsel or Solicitor all persons whose land might be prejudicially effected by the passing of this By-Law, and who petitioned to be heard ; and Whereas the said Council and the owner of and the persons interested in the said land have mutually settled all differences between them as to injury caused by the closing of said allowance for road ; Now Therefore the Municipal Council of the Township of Tay enacts as follows : 1. That the portion of the original allowance for road between con- cessions eight and nine in said Township in front of lot fifteen and lot sixteen if any, is hereby closed and stopped up. 2. That the Corporation of the Township of Tay is hereby authorized to convey said portion of the original allowance for road between lots fifteen and sixteen, concessions eight and nine to the said Daniel Robins. 3. That the Corporation of the Township of Tay is transferring this property with the understanding that the plans be registered at once. Signed : Reeve (Seal) Clerk THE CORPORATION OF THE TOWNSHIP OF TAY By-law No. 811 A By-law for the purpose of stoppirtg up and closing the original allowance for road between concessions eight and nine in front of lot fifteen and sixteen, if any, in the Township of Tay, and conveying the same to Daniel Robins. Whereas Daniel Robins is the owner of the lands that will be effected by the passing of this By-Law, and proposes to subdivide portions of the same into building lots ; and Whereas a plan of the subdivision about to be laid out by the said Daniel Robins, certified by an Ontario Land Surveyor has been submitted to the Municipal Councils effected thereby within the meaning of Section 7 of The Planning and Development Act and has been approved by the said Municipal Councils ; and Whereas the proposed subdivision includes a road allowance which will be equal to or greater in area than that to be closed by this By-Law and will be laid out in the immediate vicinity thereof; and Whereas the general public will be served by the new allowance for road equally as well as by the original allowance ; and Whereas written notice of the intention to pass this By-Law has been posted up for the period of one month in the most public places in the immediate neighbourhood of the portion of the said allowance for road about to be closed and at the various points of access thereto, and pubhshed weekly for four consecutive weeks in the Victoria Harbour Era, a newspaper pubhshed in the Town of Victoria Harbour; and Whereas the Council of the said Township of Tay has heard in person or by counsel or solicitor all persons whose land might be prejudicially effected by the passing of this By-Law and who petitioned so to be heard ; and Whereas the said Council and the owner of and the persons interested in the said land have mutually settled all differences between them as to injury caused by the closing of said allowance for road ; Now Therefore the Municipal Council of the Township of Tay enacts as follows : 1. That that portion of the original allowance for road between con- cessions eight and nine in said Township in front of lot fifteen, and lot sixteen, if any, is hereby closed and stopped up. 2. That the Corporation of the Township of Tay is hereby authorized to convey said portion of the original allowance for road between con- cessions eight and nine to the said Daniel Robins. 3. That the Corporation of the Township of Tay is transferring this property with the understanding that the plans be registered at once. Signed: Reeve (Seal) Clerk By-law No. 842 A By-law to authorize the closing of the Road Allowance between lots Nos. Ten and Eleven in the Eleventh Concession of the Township of Tay, County of Simcoe. Whereas the original allowance for road between lots Ten and Eleven in the Eleventh Concession of the Township of Tay, has never been opened or used as a public highway and no public moneys have been expended thereon. And Whereas the Township of Tay has consented to the Registration of a certain plan registered in the Registry OfBce for the County of Simcoe as No. 443 for the Township of Tay which said Plan is laid out on part of the original allowance for road between lots Ten and Eleven in the Eleventh Concession of the Township of Tay aforesaid. And Whereas the Georgian Bay Lumber Company Limited, who were owners of the said land at the time of the Registration of said plan agreed to lay out and dedicate a certain street on said Plan known as Hazel Street, extending to the Georgian Bay in consideration of the Township of Tay, stopping or closing up said road allowance lying between lots Ten and Eleven aforesaid. And Whereas no formal By-law was passed by the said Township of Tay, and no conveyance was given to the said Company of the said allowance for road. Therefore be it and it is hereby enacted by the Municipal Council of the Township of Tay as a By-law thereof as follows : That the original allowance for road between lots Ten and Eleven in the Eleventh Concession of the said Township of Tay is hereby stopped up and closed and that a conveyance thereof under the seal of this Corporation be given pursuant to the agreement hereinbefore referred to, to Georgian Bay Lumber Company Limited, in exchange for Hazel Street and the consideration hereinbefore mentioned. This By-law shall come into force immediately upon the final passing thereof. This By-law was read for first, second and third time and duly passed by the Municipal Council of the Township of Tay, at a meeting held on the 15th day of December, 1923. (Seal) Reeve Clerk By-law No. 1213 A By-law to provide for the closing and sale of part of Mon- treal, Quebec and Ottawa Streets, in the Township of Tay, in the County of Simcoe, as laid out on registered Plans 467 and 630. Whereas, the Municipal Council of the Corporation of the Township of Tay, has caused a notice of its intention to close parts of Montreal, Quebec and Ottawa Streets in the Township of Tay to be given in the manner provided for in The Municipal Act. And Whereas, no objection to the closing of the said parts of Montreal, Quebec and Ottawa Streets has been made by or on behalf of any person. And Whereas, the Council has agreed to sell the lands to Tiny and Tay Agricultural Society the owner of the adjoining lands on the north and south of the portions of each of the said streets so closed for the sum of $150.00. Now Therefore the Municipal Council of the Corporation of the Township of Tay enacts and be it enacted as follows : 1. That there shall be stopped up and closed parts of streets in the said Township of Tay as follows : {a) That part of Montreal Street in the Township of Tay, as shown on a plan registered in the Registry Office for the Registry Division of the County of Simcoe, as Number 467 lying between the production Northerly of the Easterly boundary of Lot Number Three (3) as shown on Range "C" on the said Plan and the Westerly limit of the Corporation. {b) That portion of Quebec Street, in the Township of Tay, as shown on a plan registered in the Registry Office for the Registry Division of the County of Simcoe, as Number 630, lying between the production Southerly of the Easterly boundary of Lot Number Eight (8) as shown on the said Plan and the Westerly limit of the Corporation. (c) That part of Ottawa Street in the Township of Tay, as shown on a plan registered in the Registry Office for the Registry Division of the County of Simcoe, as Number 630 lying between the production Southerly of the Easterly limit of Lot Number Seven (7) as shown on the said Plan and the Westerly limit of the Corporation. 2. The lands comprising the portions of the said streets so closed shall be sold to Tiny and Tay Agricultural Society for the sum of $150.00. 3. The Mayor and Clerk are hereby authorized to execute on behalf of the Corporation a conveyance of the said lands to Tiny and Tay Agricultural Society and to attach thereto the Corporate Seal. This By-law shall come into force and take effect immediately after the final passing hereof. By-law read a first, second and third time and finally passed at a meeting of the Municipal Council of the Township of Tay held this 30th day of December, A. D. 1953. Reeve (Seal) Clerk J B w <2 o • a ° ^ r?" Z. s to p^ ?5 (/) X <-0 t\i o ►««* s cr C/5 »- a> '^**' >3 to ■^ Si ^ ^ C^ o > o o P crq BILL Prl 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of Tay Mr. Smith Simcoe East TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Preamble BILL Prl 1977 An Act respecting the Township of Tay WHEREAS The Corporation of the Township of Tay hereby represents that by-laws numbers 808, 811, 842 and 1213 of the Township in the County of Simcoe purported to authorize the closing up and sale of certain road allowances and subdivision roads ; and whereas pursuant to the aforesaid by-laws, conveyances were made by the said Township and subsequently the said closed roads became parts of residential subdivision lots upon which houses have been erected, mortgaged and sold to many various owners; and whereas the road allowances described in by-laws 808, 811 and 842 lead to the waters of Georgian Bay and therefore required the approval of the Lieutenant Governor of Ontario, which approval was not obtained and all of the aforesaid by-laws 808, 811, 842 and 1213 required approval by by-law of the County of Simcoe within one year of the passing of the said by-laws by the Township of Tay, which approval likewise was not obtained ; and whereas the omission by the Township of Tay to obtain such required approval as aforesaid within the requisite periods of time has rendered the aforesaid by-laws of no force and effect and has thereby created a serious cloud upon the titles of the present registered owners of the aforesaid lots ; and whereas The Corporation of the Township of Tay hereby applies for special legislation to confirm and vahdate by-laws numbers 808, 811, 842 and 1213; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. By-laws numbers 808, 811, 842 and 1213 of The Cor- ^y^-^ed poration of the Township of Tay, set out as the Schedule hereto, are hereby confirmed and declared to be valid and binding from the respective dates of the passing of such by-laws. conflrmed*^^^ ^* ^^^ Conveyances by The Corporation of the Township of Tay pursuant to by-laws numbers 808, 811, 842 and 1213 are hereby ratified, confirmed and declared to be valid and binding. Commence- ment 3. This Act comes into force on the day it receives Royal Assent. Short title 4. The short title of this Act is The Township of Tay Act, 1977. SCHEDULE THE CORPORATION OF THE TOWNSHIP OF TAY By-law No. 808 A By-law for the purpose of stopping up and closing the original allowance for road across concessions eight and nine if any between lot fifteen and lot sixteen in the said Concession in the Township of Tay, and conveying the same to Daniel Robins. Whereas Daniel Robins is the owner of the lands that will be affected by the passing of this by-law, and proposes to subdivide portions of the same into buildings lots ; and Whereas a plan of the subdivision about to be laid out by the said Daniel Robins, certified by an Ontario Land Surveyor, has been submitted to the Municipal Councils affected thereby within the meaning of section 7 of The Planning and Development Act, and has been approved by said Municipal Councils; and Whereas the proposed subdivision includes a road allowance which will be equal to or greater in area than that to be closed by this By-Law and will be laid out in the immediate vicinity thereof ; and Whereas the general public will be served by the new allowance for road equally as well as by the original allowance ; and Whereas written notice of the intention to pass this By-Law has been posted up for the period of one month in the most public places in the immediate neighbourhood of the portion of said allowance for road about to be closed and at the various points of access thereto, and published weekly for four consecutive weeks in the Victoria Harbour Era, a newspaper published in the Town of Victoria Harbour ; and Whereas the Council of the said Township of Tay has heard in person or by Counsel or Solicitor all persons whose land might be prejudicially effected by the passing of this By-Law, and who petitioned to be heard; and Whereas the said Council and the owner of and the persons interested in the said land have mutually settled all differences between them as to injury caused by the closing of said allowance for road ; Now Therefore the Municipal Council of the Township of Tay enacts as follows : 1. That the portion of the original allowance for road between con- cessions eight and nine in said Township in front of lot fifteen and lot sixteen if any, is hereby closed and stopped up. 2. That the Corporation of the Township of Tay is hereby authorized to convey said portion of the original allowance for road between lots fifteen and sixteen, concessions eight and nine to the said Daniel Robins. 3. That the Corporation of the Township of Tay is transferring this property with the understanding that the plans be registered at once. Signed : Reeve (Seal) Clerk THE CORPORATION OF THE TOWNSHIP OF TAY By-law No. 811 A By-law for the purpose of stoppirig up and closing the original allowance for road between concessions eight and nine in front of lot fifteen and sixteen, if any, in the Township of Tay, and conveying the same to Daniel Robins. Whereas Daniel Robins is the owner of the lands that will be effected by the passing of this By-Law, and proposes to subdivide portions of the same into building lots ; and Whereas a plan of the subdivision about to be laid out by the said Daniel Robins, certified by an Ontario Land Surveyor has been submitted to the Municipal Councils effected thereby within the meaning of Section 7 of The Planning and Development Act and has been approved by the said Municipal Councils ; and Whereas the proposed subdivision includes a road allowance which will be equal to or greater in area than that to be closed by this By-Law and will be laid out in the immediate vicinity thereof; and Whereas the general public will be served by the new allowance for road equally as well as by the original allowance ; and Whereas written notice of the intention to pass this By-Law has been posted up for the period of one month in the most public places in the immediate neighbourhood of the portion of the said allowance for road about to be closed and at the various points of access thereto, and published weekly for four consecutive weeks in the Victoria Harbour Era, a newspaper pubhshed in the Town of Victoria Harbour; and Whereas the Council of the said Township of Tay has heard in person or by counsel or solicitor all persons whose land might be prejudicially effected by the passing of this By-Law and who petitioned so to be heard ; and Whereas the said Council and the owner of and the persons interested in the said land have mutually settled all differences between them as to injury caused by the closing of said allowance for road ; Now Therefore the Municipal Council of the Township of Tay enacts as follows : 1. That that portion of the original allowance for road between con- cessions eight and nine in said Township in front of lot fifteen, and lot sixteen, if any, is hereby closed and stopped up. 2. That the Corporation of the Township of Tay is hereby authorized to convey said portion of the original allowance for road between con- cessions eight and nine to the said Daniel Robins. 3. That the Corporation of the Township of Tay is transferring this property with the understanding that the plans be registered at once. Signed: Reeve (Seal) Clerk By-law No. 842 A By-law to authorize the closing of the Road Allowance between lots Nos. Ten and Eleven in the Eleventh Concession of the Township of Tay, County of Simcoe. Whereas the original allowance for road between lots Ten and Eleven in the Eleventh Concession of the Township of Tay, has never been opened or used as a public highway and no public moneys have been expended thereon. And Whereas the Township of Tay has consented to the Registration of a certain plan registered in the Registry Office for the County of Simcoe as No. 443 for the Township of Tay which said Plan is laid out on part of the original allowance for road between lots Ten and Eleven in the Eleventh Concession of the Township of Tay aforesaid. And Whereas the Georgian Bay Lumber Company Limited, who were owners of the said land at the time of the Registration of said plan agreed to lay out and dedicate a certain street on said Plan known as Hazel Street, extending to the Georgian Bay in consideration of the Township of Tay, stopping or closing up said road allowance lying between lots Ten and Eleven aforesaid. And Whereas no formal By-law was passed by the said Township of Tay, and no conveyance was given to the said Company of the said allowance for road. Therefore be it and it is hereby enacted by the Municipal Council of the Township of Tay as a By-law thereof as follows : That the original allowance for road between lots Ten and Eleven in the Eleventh Concession of the said Township of Tay is hereby stopped up and closed and that a conveyance thereof under the seal of this Corporation be given pursuant to the agreement hereinbefore referred to, to Georgian Bay Lumber Company Limited, in exchange for Hazel Street and the consideration hereinbefore mentioned. This By-law shall come into force immediately upon the final passing thereof. This By-law was read for first, second and third time and duly passed by the Municipal Council of the Township of Tay, at a meeting held on the 15th day of December, 1923. (Seal) Reeve Clerk By-law No. 1213 A By-law to provide for the closing and sale of part of Mon- treal, Quebec and Ottawa Streets, in the Township of Tay, in the County of Simcoe, as laid out on registered Plans 467 and 630. Whereas, the Municipal Council of the Corporation of the Township of Tay, has caused a notice of its intention to close parts of Montreal, Quebec and Ottawa Streets in the Township of Tay to be given in the manner provided for in The Municipal Act. And Whereas, no objection to the closing of the said parts of Montreal, Quebec and Ottawa Streets has been made by or on behalf of any person. And Whereas, the Council has agreed to sell the lands to Tiny and Tay Agricultural Society the owner of the adjoining lands on the north and south of the portions of each of the said streets so closed for the sum of $150.00. Now Therefore the Municipal Council of the Corporation of the Township of Tay enacts and be it enacted as follows : 1. That there shall be stopped up and closed parts of streets in the said Township of Tay as follows : [a) That part of Montreal Street in the Township of Tay, as shown on a plan registered in the Registry Office for the Registry Division of the County of Simcoe, as Number 467 lying between the production Northerly of the Easterly boundary of Lot Number Three (3) as shown on Range "C" on the said Plan and the Westerly limit of the Corporation. {h) That portion of Quebec Street, in the Township of Tay, as shown on a plan registered in the Registry Office for the Registry Division of the County of Simcoe, as Number 630, lying between the production Southerly of the Easterly boundary of Lot Number Eight (8) as shown on the said Plan and the Westerly limit of the Corporation. (c) That part of Ottawa Street in the Township of Tay, as shown on a plan registered in the Registry Office for the Registry Division of the County of Simcoe, as Number 630 lying between the production Southerly of the Easterly limit of Lot Number Seven (7) as shown on the said Plan and the Westerly Hmit of the Corporation. 2. The lands comprising the portions of the said streets so closed shall be sold to Tiny and Tay Agricultural Society for the sum of $150.00. 3. The Mayor and Clerk are hereby authorized to execute on behalf of the Corporation a conveyance of the said lands to Tiny and Tay Agricultural Society and to attach thereto the Corporate Seal. This By-law shall come into force and take effect immediately after the final passing hereof. By-law read a first, second and third time and finally passed at a meeting of the Municipal Council of the Township of Tay held this 30th day of December, AD. 1953. Reeve (Seal) Clerk 3 g » o o m w g p H C/3 K o o O < B ^ ;$ < B ^ o O cr c ?i- cr ?i- a> "^k 0) •-1 ^ ►-1 >i to h— t— k -^ a ^ cr p' c^ p- 1" »— » c^ |_k 1— ' o o o --J -^ ^ ^ ^ ^ o > sr ^ ^■"^ o o 1— K (-^ BILL Pr2 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of Dover Mr. McGuigan TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr2 1977 An Act respecting the Township of Dover WHEREAS The Corporation of the Township of Dover, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matter hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Notwithstanding The Drainage Act, being chapter 1^6 ^y-iaw^^^^ of the Revised Statutes of Ontario, 1970, and The Drainage emergency Act, 1975, By-law No. 76-48 of the Corporation, set forth in repairs Schedule A hereto, passed by the council of the Corporation [9^5 ^^^g on the 27th day of September, 1976, authorizing emergency repairs done by the Corporation to embankments along the River Thames, McFarlane Rehef Drain, Rivard Drain, Toulouse Drain, Myers Drain, Hebert Drain, Boyle Drain, Gowrie Drain, Hind Relief Drain, Hind Outlet Drain, Richmond Cut, Raymond Drain, Fryer Drain and Branch, River Chenal Ecarte, Easterly side of Lake St. Clair, and Southerly side of River Sydenham, in the Township of Dover, in the County of Kent and for levying in one year the sum of $53,200 the portion of the cost of the drainage work to be contributed by the Corporation, is hereby declared to be valid, in full force and effect and binding upon the Corporation and its respective ratepayers in accordance with the provisions thereof. 2. This Act comes into force on the day it receives Royal ^°nf^®"°®' Assent. 3. The short title of this Act is The Township of Dover Act, short title 1977. Schedule A BY-LAW I JO. 76-40 A DY-LAH to PROVIDE for the Emergency Repairs to Embankments along the River Thames, McFarlane Relief Drain, Rivard Drain, Toulouse Drain, Myers Drain, Hob?rt Drain^ Etoyle Drain, Gowrie Drain, Hind Relief Drain, Hind Outlet Drain, Richmond Cut, Raymond Drain, Fryer Drain and Branch, River Chenal Ecarte, Easterly side of Lake St. Clair, and Southerly side of River Sydenham in the Township of Dover, in the County of Kent, and for levying in one year the sum of $53,200.00 the proportion to be contributed by the Municipality for completing the drainage v/orks. VftlEREAS an emergency situation occurred AND WHEREAS, the Council caused emergency repairs to be conducted on various dykes, AND WHEREAS, fhe Council has procured a report made by D. D. McGeorge, Esq., Civil Enginee; snd the report is as follows: CIUTH/lM, Ontario May- 29, 1976 T o the Reeve and Council of the TovmsMp of Dovor. Gontleiaen: In accordance with instructions, I have made an examination of banks a3.ong the McFarlanc Itelief Drain, the Hivard Drain, the Gowrie Drain, the Toulouse Dx-ain, the Myers Drain, the Boyle drain, the Hind Relief Drain, Ilichmond Gut, the Hind Outlet Drain, Hixer Thames j the Fryer Drain and number one branch, the Little Bear Creek Drain banks along the southerly side of the Chenal Ecarte, the southerly side of the River Sydenliam, and banks along the easterly side of Lake St. Claii- v/liich form protection for the low lying lands cramprised in a number of piimping schemes (the Bechard Mechanical Works, Big Pointe Pumping Works Numbers 1 and 2, the Bradley Pumping Works, the Cadotte South Punning Works, the Crawford Pusiping V/orks, the Dewar Pus^sing Works, the 11th Concession Punping Vtorks, Fi-ont Concession Mechanical VJorks, Justin Griffore Pumping V/orks, Letoumoau Pumping VJorks, ^5yers Pumping Vforks, the 9th Concession Putiping Works, Raymond Pimping Works, the Rose Pumping VJorks, the Stephenson Pumping Works , the Terry Pumping Works, the Toulouse Pumping VJorks, the 12th Concession Punping Works and the Verhaege Pun^iing Works) situated along the westerly side of the Township between the River Thames and the River Sydenham. Due to high water levels in Lake St. Clair that has been occuring since 1973 it was necessary to carry out emergency repairs and in^srovements to these banks to protect said pimping schemes. In many instances where low lying lands were threatened, it was necessary to raise embankments and strengthen same on a temporary basis to prevent vddespread flooding. The work carried out and expenditures in connection thrrewith may be summarized as follows: 1 . McFarlane Pjeliaf Jlrain Embankment Raising the existing embankment, on the northeasterly and northwesterly sides of the draim from a poj.nt approximately 1000 feet northwest of the pumping plant of the Stophonaon Pumping Works, to r. point near the line betv/een Lots 2 tuid 3, along the northerly 5 cido of the dreuji froia a poii:it approxiB'ately 3OO f oet southo:\st of the 5th Concession Road to the Z+th Concef^sion Itoad, from the >Cth Concession Koad to the Jacob Road and on the southeri.y side of the drain from a point approximately 1500 feet v/est of the 4th Concession Koad to the Jacob Road, providing rip rap protection along the southerly embankment from the northv/esterly side of the 4th Concession Road westerly for a length of 150 Lineal feetj raising low areas and constructing a new embankment on the northerly side of the Drain from the Jacob Road to a point 400 feet easterly of the Crow Road and along the southerly side of the drain from the easterly limit of the Jacob itoad to the vresterly side of the Crow Road including installation of flood gates on all. pipes entering the drain throiigli the en'-jrikMents end renewing a pipe and gate on the northerjy e'lban'-.mont on Lot 5, Front Concession were conpleted. $ 31,014.99 2 1 Rivard Drain Embankment e.r.d Northerly Extension (Rivard - Toulouse ) The embarkmont on the southerly and southwesterly side of the Rivard Drain was elevated and rebuilt from the 5th Concession Road to the 7th Concession Ivad and from the southwesterly side of the Jacob Road to the Towaline of east and vr-st Dover. A new embankment to be known as the Rivard - TrjvLov::c Sr.banJ'.jv-.nt ivas constructed along the northei'ly side of the P.-.vjd D'-r.in fro:": r. point 900' west of the said Townline Road ejid aloDg ths ep^tcrly sj.dr. of Lake St. Clair to the existing dyke at the lijuit bet-.iocn •!:.-.c iioi-th/ssterly and southeasterly halves of Lot 1, Concession 8 a It.igth of 36OO lineal feet. Due to subsequent storms on Lake St. G.lai.v it vr»s n^csssary to reconstruct ajid repair the latter emb?2r'ciiisnt, -.Mch additional cost is included herein. 64,906, IS 3 • Totilouse Drain p.nd Em^ ?--?3cr'- nt pnd Pulping VJorks The concrete dc--\ at th^a pv^jping plant of the Toulouse Punning Works was temporarily elevated and the embankments along the northerly side of the Toulouse Drain and the e.?.sterly side of Lake St. Clair from said puii^jing plant to a point appvoxlr_atoly 700 lineal foct south of the 9th Concession Road and a'.onf;- tli'.; Jir.'-; between tho northwesterly and southeasterly 6 halves of Lots 1 and 2, Concession 8 oast of the pumping plant were elevated and reconstructed 12 733.53 4. Gowrie Drain Embankments The embahlanents were reconstrxicted and elevated along the northwesterly side of tho Gowrie Drain from the northeasterly side of the Jacob Road to the centre of Lot 7 and along the southeast side of the Gov;rie Drain from the northeasterly side of the Jacob iioad to a point near the centre line of Lot 10. 11,600,4.9 5 . Myers Drain Embankment The embankment along the southeasterly side of the drain southwest of the pumping plant of the 9th Concession P\amjjing Works was rebuilt and elevated /Vj591.5S 6. Lakefront or Big Fointe Pvunping Works No> 2 Embankment The embankment v/as elevated and reconstinicted along the easterly side of Lalce St. Clair from the outlet of the >fyers Drain near the northwesterly side of the itoad Allowance between Concessions 9 and 10 extending northerly on Lots 2, 3 and Part of 4 to the embankment on the southeasterly side of the Hebert Drain near the westerly angle of Lot 4, Concession 9. 135431.75 7. Letourneau Pumping Works Embanlanent The embanlanent near the line betv/een Lots 4 and 5, Concession 10 from the Hebert Drain northwesterly for a length of approxunately 100 lineal feet was rebuilt to protect the pumping pltmt that was washed out. , 3,013.64 8. Boyle Drain EmbeLnkment The embarJaaent on the northerly side of the Boyle Drain from a point in Lot 7, Concession 10, 1650 feet northv/est of the 10th Concession Road westerly to the site of the purap station (Big Pointe Pumping Works Number 1) was el-svatcd. 2,8o0.£1 9 • The Hind Relief, Hind Outlet Drain a!id 12th Concession Pumpin?. Works Eiribeaikjnents The work comprised reeonsti'uctint; and tl.evating tho embankments on the southeasterly side of the Hind lielief Drain across Lots 7, B and 9 and tho cmbanluncnt ;icar the lino between Lots 7 and 8 7 from the Kind Relief Drain to the 10th Concocsion Jload^ the ombanlOiient on the northwesterly side of the llind Keliof Drain across Lot 8 and 100' south west to a point 100' northeast of the Winterlino Road, along the northeasterly side of the Richmond Cut, along the private cut 100' north of North Street (R. P. 409), along the southwesterly side of Riclunond Road, eloni;, the southeasterly side of the Hind Outlet Drain from the Richmond Road to the line between Lots 8 and 9, along the line between Lots 8 and 9 and 10 and 11 from the Hind Outlet Drain to the Hind ilelief Drain including establishing two pumping plaaits on Lot 8, Concession 10 near the south comer of Lot 2A, iiegistered Plan 4.O9. 48,74-9.32 10. Raymond Djrain and Pumping: Works Embankment The embanlanent at the easterly end of the open channel outlet of the Raymond Punp (near the southwesterly side of Park Street) and along the northwesterly side of the Raymond Drain from the pmi^sing plant southv/esterly for a length of approximately 170 lineal feet and northwesterly for a length of approximately I8O feet to a point near the southeasterly side of the 13th Concession Road was elevated, 2,975.27 1 1 . Fryer Drain and No. 1 Branch Embankments Embankments along the southeasterly side of the drains were elevated and reconstructed across the southwesterly 6OO' of Lot 14, Lot 15 and the southwest half of Lot 16. Embankments were constructed on the southeasterly side of the drain across the northeasterly half of Lot 17 and along the northeasterly side of the centreline of Lot 17 from the No. 1 Branch of Fryer Drain southeasterly for approximately 500 lineal feet including renewal of pipe and gate on Lot 14. 8,850,05 12. Verhaego and Justin Griffore Pumpina Works Embankments The embankment along the line between Lot 14 and 15 from the FryeJ- Drain northwestei'ly to an embanlanent near the line of the Northwest -^ and Southeast -j Lot 15, Concession 15 and northeasterly along said line between halves and northwesterly near the line of Lots 15 and I6 to a point near the southeasterly side of the ChenaJ. Ecarte arid along the south.oaster].y side of the Chc-nal Ecarto to a point near the centre line of Lot 17 Vc'.s reconstructed and elevated, 7, 323. of:. Tho er:'oai']r;r2P.t along the northeasterly side of Little H-jar Ci'ook Drain in front of t)ie ilose Pumping Station v/as elevated from pcintfi appro-duiaatcly 100' r.outh and 100' north of said p'orap station. 3,9^-6.68 The criibr:r!k.nc:-it on the southerly side of the Idver Sydenham and River Chenil Ecarts \;33 reconstructed aJid elevated from a point approxij'?.-itely 1000 fr,at north of the pumping plant of the Fraser Punping '..'orks to the northeasterly lirait of the vresterly 100 acres of Lot 3> Concession IB. 12, 534-. 47 The rribai^.kTT.rrit alorr the 'southeasterly side of the River Sydenham v/as rccori.stjnict'jd from approximately 500' east of the puji^ing plaTit to the Ij.na bjti.oon Lots 3 PJid l^., Concession IS. 16,243.56 1 6 . Ii!-:adl ex_?ii"Xling_V'c rk s„Emteii}3i_ent Th.e e'T-bani-rmcno in front of the pumping plant vibsx the line bo>.\;eGn Lots 12 : ; • 13; Dover West and cr. the northeasterly side of the Decliard Cut v.'hich v::.& washed out was rebuilt. 605.62 17 . Polsj?/! J)re.plcJ.fjchanij3r_l jrorf^ The ofj-thon dylios or. the discharge flume of the pumping plant of tho Dolsen Crook iIoch?nic.-l Work uere badly eroded and were toiTocrarily repaired, o77.88 1 S • y.-A^t Cpncessipn nech.'r'^.eal Uor}cs_ _£rbankment The earthen dykes on the discharge flinr.e of the pijii^jing plant of the Front Concession Mechinical Uorks (on the northei'ly side of tho Fdver Thames) v; ro tadly eroded and were temporarily repaired. 936.61 1 9 . Onbg-tii orient ^ al qn°; _ _4th Gc r.cession Road, Dover West - Myers -Piimnins Works The emba.'-Jonont aicng the road bed of tho 4th Concession Road of Dovar V/est Has elevated from the McFarlano Relief Drain to the line belv/een the Eas' hi]/.' and West half of Lot 5. 4,5'^3''^.1 Tho TOTAL j\;?JUi!T of l:;:cp end i tares to date is % 251 .069 .25 This amount inc.Ludoj the sum of s:'9,200.00 that has been oxpir.dad for En{.;i!;eei-ir.2c The sum of ;'i;241 ,B69.95 v/as for the most part for r-'.insti-uction and e fir.^U :i-".a"r.l for j.no.i dentals. Vcj cstivato of t.h" ad(iitional o5q")cndituro;5 ux-c as foDlows: 9 To allov/aj-icos for land used for Lho Drainatjc. ..Uoiii^noiiQr. Section G of the Drainage Act. For Lots 7-12 Concession 1 DV/ (Bradley Farms Ltd) 1.00 For /ill ex. pts Lot 5, Concession 1 DW (Bradley Fams Ltd) 1.00 For Part Lot 1, Concession 5 DVJ (St. Lidcos Club Corporation) 1.00 For Lot 2 Concession 1 (M. Jubcnville) 1.00 For SW^ Lot L,, Concession 1 (W. Antaya) 1.00 For Central part SVfg" S of McFarlane Drain Lot 4, Con. 1 (H. Bagnall) 1.00 For NE pt of SV;^ S of McFarlane Drain Lot 4, Con. 1 (K. Jubehville) 1.00 For SV/ pt h'B-^ S of McFarlano Drain and SW pt S. R. itoad Lot 4, Con. 1 (J.H. Crow Est.) 1.00 For NE pt IJli^- S of McFarlane Drain Lot 4, Con. 1 (R. Peltier) 1.00 For NE pt N of McFarlane Po.llcf Drain, ^ Lot 4, .Cdmi.l (L". Jubfenville) 1.00 For SW Cor. N. of McFarlane Relief Drain, Lot 5, Con. 1 (L. Jubenville) 1.00 For S\4- SE of McFarlane Relief Drain ex pts Lot 5, Con. 1 (M &; J Caron) 1.00 For SW pt NEg- S McFarlane Relief Drain Lot 5, Con. 1 (W. Crow) 1.00 For NE pt NE-^ S McFarlane Relief Drain Lot 5, Con. 1 (il. Peltier) 1.00 For NE pt N McFarlane Relief Drain Lot 5, Con. 1 (L. Jubenville) 1.00 For central part N McFarlane Relief Drain Lot 5, Con. 1 (K. PeUcey) 1.00 For SW pt N McFarlane Relief Drain Lot 5, Con. 1 (I. PeUcey) 1.00 For SE part NE-|- SB McFarli.ne Relief Drain Lot 6, Con. 1 (W. Trudell) 274.00 For SE-^ SW^ ex River Road Lot 6, Con. 1 (F. Gervais) 263,00 For tWs" SVfj Lot 6, Con. 1 (F. Gervais) 263.00 For m pt NEi NW McFarlane Relief Drain Lot 6, Con. 1 (B £c M Trudell) 274.00 For SW pt SW| SE McFarlane Rc-.Uef Drain Lot 7 Con. 1 (R. H. Belanger) 146.00 For NE pt SWg- SE McFarlane Relief Drain Lot 7, Con. 1 (G it M Pelkey) 157.00 For all Lot 6 ex SE pt Lot 5 SW pt SW Crow Rd. Lots 6 + 5 PCB ^(.Ca^^on) 100.00 For SV% NS^ SB McFarlane i elief Drain Lot 7, Con. 1 (J. J. Abram) 121.00 For NE-g- NE-^ SE McFarlane Relief Drain Lot 7, Con. 1 (P. Vollans) 107.00 For NE pt NE{r SE McFarljjie Relief Di'ain Lot 7, Con. 1 (R. Belan£,er) 533.00 For SV/ 2/3 ex lots. Lot 8, Concc^ysion 1 (W. Roy) 690.00 For WW pt NE l/3 KW McFarlano ifclicf Drain Lot S, Cone. 1 (R. Caron) 205.00 For NW pt NE l/3 SE McFarlane Relief Drain Lot 8, Con. 1 (W. Roy) 205.00 10 For NE 2/3 ex pt Lot 3, Cone. 4 ( A. & Y. Gr if fore) 1.00 For SE cor NEKot3, Con. 4 ( M. & D. Castien) I .00 For SW cor^W i Lot 4, Con. 4 ( S. & R. Jubcnville) 1.00 For SWi mi Lot 6, Con. 5 ( M. Dulisch) 1.00 For NE^NW^ Lot 6, Con. 5 ( R. Pi nsonneaul t) 1.00 For NW pt SWi mi Lot 7, Con. 5 ( C. & E. Couture} 1.00 For NE pt NEi NE Given Road Lot 7, Con 5, ( H. St. Pierre) 1.00 For SWi NWi Lot 8, Con. 5, ( C. & D. Bechard) 1.00 For NEi NW^ & NW pt NEi SEi NW Road Lot 8, Con. 5 ( P. Dulisch) Est 1.00 For SWi NW^ Lot 9, Con. 5 ( W. J. & M. Gebal) 1.00 For NW pt NEi NWi NW Road Lot 9, Con 5. ( W. J. & M. Gebal) 1.00 For NW pt of Si Ni W Big Pointe Lot 10, Con. 5 ( W. J. & M. Gebal) 1.00 For NW pt SWi- NE^ NW i Lot 10 Con. 5 ( V. Sterling) 1.00 For NE pt NWi Lot 2, Con. 6 ( G. Blondeel) 1.00 For NWi Lot 3, Con. 6 ( G. Blondeel) 1,00 For SW{ mi Lot 4. Con 6 ( L. Tetreault) 1.00 For SW^h^E i NWi Lot 4, Con. 6 ( J. P. & M. Pinsonneaul t) 1.00 For NEi NEi mi Lot 4, Con. 6 ( G. & K. Mai) 1.00 For mi mi Lot 5, Con. 6 ( J. & P. Pinsonneaul t) 1.00 For pts SW RivardDrain Lots I & 2 Con 7 St. Lukes Club Corp. For NW ex NW pt SEi- Lot I, Con. 8 ( Edna Hamilton) 1.00 For NW pt SEi ex W WCR Lot I, Con. 8 ( W. M. & S. Royer) 1.00 For S pt ex lots Lot I, Con. 8 ( R. & M. Lucier) 1.00 For pts I, 2, 3, Con. 8 ( Big Pointe Club Ltd) 1.00 For SEi SWi 2, Con. 8, ( F. Charron) 1.00 For NEi NEi SEi ex pts and pt SWi NEi SEi NW Toulouse Drain Lot 2, Con 8( ( D. & A. Lucier) 1.00 For pts I, 2, 3, & 4, Con. 9 ( Big Pointe Club Ltd) 1.00 For S pt N I2i Ac E i Lot 7, Con IC ( D. Hebert) For N 59i Ac ex N I2i Ac. Ei Lot 7, Con. 10 ( Leo LauEon) 1.00 For pts Lots 3, 4, 5, 6, & 7 Con I I ( Big Pointe Club Ltd) 1.00 r-or SWi SEi Lot 8, Con. II (D. & Y. O'Neill) 1.00 11 For ilEl- ISE^ Lot 8, Con. 11 (K. L'Ecuyor) 1.00 For SWg- SE-^- Lot 9, Con, 11 (N. L'Ecuycr) 1.00 For KE-J- SE-^- Lot 9, Con. 11 ( R. ^ N. Cartior)) 1.00 For Pt Lots 1, 2, & /+ K. ?. 4O9 (Donald italrus) 1.00 For i-IE pt Lot 3, R. P. 409 (J. Bouxdcau) 1.00 For pts Lots 1, 2, 3, ii 4 H. P. 409 (S & P Vincent) 1.00 For Lots 21, 22, 23, & 24 it. P. 409 (S. Dinsmore) 1.00 For pt ex lots Lot 8, Con. 11 (Bay Lodge Inc.) 1.00 For I'JE cor mi^ Lot 8, Con. 11 (L & J Lozon) 1.00 For W^: Lot 10, Con. 11 (Howard T, Rex) 1.00 For K\fJ- Lot 11, Con. 11 (L, 0, D, &. M Grxffore) 1.00 For 3E^ NVJ^ Lot 12, Con. 11 (A. Griffore) 1.00 For NW^- Lot 13> Con. 11 (j 4c R Demers) 1.00 For pt NW^ (SW 168' of NE 238' of 3E 178.5') Lot 10, Con. 12 (J. M. Moffat. Enterprises) 1.00 For pt NV% (SW 136.7' of KE 374.17' of SE 245') Lot 10, Con. 12 (J. & M. Van Gerven) 1.00 For pt Lot 10 and p 525 P + i Lot 10, Con. 12 (Kelsey Hayo'. Can. Ltd) 1.00 For SW 1/3 SV^^- ex pt Lot 14, Con. I4 (H. Loyst) 1.00 For m 2/3 SW^ Lot 14 Con. 14" (U. L'Ecuyer) 1.00 For m} Lot 15, Con. 14 (B. Lewis) 1.00 For S'l^ NW^- Lot 16, Con. 14 (Joarne McGrail) 1.00 For m^ NW^ Lot 17, Con. 14 (M. Crawford) 1.00 For m NE pt S'4-- SW pt sv;^- All ex 24 R 29/ SW pt (pt 1 2z. R ?.9?) SW pt (pt 2 24 R 297) SW pt (pt 3 ^ 4, 2.; R 297} All NW pt Lot 7, All 8, 9, 10, 11 i^ 12 ACRES VALUE OF iiSSESSED OWNER J>FreCTKr)__ BE'ZFi^T Tot 1 81 650.00 G. Bagrnll iDt 1 A. 5 35.00 B & A Bagnall lot -j ^ .4' 5.00 S & B Bennett lot 1 « .60 5.00 L & R.Dubuque Let 1 77 6l5cOO J, M, B & J Bagnaai Lot 1 ^' 1/3 5.00 J & I Reaume Lot 2 70 560.00 A & V King Lot 2 •^ i 5.00 P earl - Jubemci.llB Lot 2 44=5 360. CO R, Jubenville Lot 2 99 790.00 Mary Jubenville Lot 2 ?3.9 790. CO Donald Reaume Let 3 45 360.00 H. Duphette Lc: 3 48.99 390. OC J & E Laevens Lot 3 55c7v M5.C0 I'larg Laevens Lot 3 8.33 65.00 J & C Laevens Lot 3 Lot 4 82.14 660,00 V & L Duphette Lot 4 62.5 500.00 T & E Jubenville Lot 4 62.5 5C0.00 L. Reaume Lot / 62.5 500.00 W & M Reaume Lot 5 179.57 i.y.o.oo Bradley Farms Ltd. Lot 5 ■' 1 15.00 R & J Jubenville Lot 5 >' 2.12 30.00 Clarence Jubenvi 1 1 ( Lot 5 * 3.75 50.00 Irene Smit Lot 6 31 248.00 Bradley Fsirms Ltd. Lot 6 1229 5000.00 Bradley Fanns Ltd. 14 SCHEDULE (con't) CON. LOT OR PAKT OF LOT ACRES AFFECTED VALUE OF BEl^IEFIT ASSESSED OWNER 1 DW All Lots 6,7 ic B 240 1920.00 Bradley Farms Ltd. NW pt SE i Lot 1 63 500.00 V. Jubenville NB^ NEi NW pt Lot 1 35 280.00 Mary E. Jubenville SW-k NB^ NW pt Lot 1 37.69 300.00 R. Jubenville SW^ NW pt Lot 1 BO 640.00 V. Jubenville NW pt NE pt NW Dolsen Cr. Lot 3 40 320.00 V & L Duphette 3 DW SW pt Lot 1 71 570.00 Leo Couture NE pt St SW pt Lot 2 112 895.00 Leo Couture All Lot 3 200 1600.00 Leo Cout\ire All Lots A^5 400 3200.00 Bradley Farms Ltd, All Lot 6 194.39 1555,00 Bradley Farms Ltd. NE pt Lot 1 128.5 1030.00 R. Laprise SW pt NE pt Lot 2 8' Nj- W Big Pointe iid. Lot 10 18.5 Lot 10 11 Lot 10 3 Lot 10 1 Lot 10 25 NW^ S]!% SE-^ SEi NW 100' SEi SE|- SW 273' SWi- SEi Lot 11 100 Lot 12 Lot 12 Lot 1 Lot 1 Lot 1 * Lot 2 50 50 50 -!^9.656 1/3 .95 oW^ Sl^ & SW pt NE-g- SE-| ex pt Lot 2 65.226 SW 162' NE 476.15 SW pt SE|- Lot 2 * .8 Ct. pt. NB^ SE-|- NE pt NBg- SE-g- SW pt SV^ SE-|- NE pt SWg- SEp & SW pt NE^ SEp ex pt Pts 1 & 2 RD 206 NE pt NE|- SE% ex E cor E cor NE pt Ney oE-g- ex SW^ SEi Lot 2 25 72.00 ;!,j00.00 455.00 10.00 395.00 240.00 155.00 90.00 25.00 10.00 200.00 95.00 U5.00 700.00 300.00 300,00 400.00 395.00 5.00 10.00 520.00 10.00 200.00 L & L Loaon C • Bechard P. Dulisch Estate M ST. Pierre W, J, & M Gebal W, J, & M Gebal W, J, & M Gebal W & M Gebal V. & E. Tetrault E. Lozon W & M Gebal W & M Gebal E Sc E Couture G & R Pinsonneavilt R. Pinsonneault 0 & M Pinsonneault S & R Derbecker H & J Kl^ard Union Gas Ltd. G & A Klein Belleterre Farms Inc. P. Lozon J & B Osuch Lot 2 Lot 3 20 160.00 3 (t P Czamecld. Lot 3 68.34 545.00 R & T Pinsonneault Lot 3 1.90 15.00 M Klinard Lot 3 20.6 165.00 J & R Schuster Lot 3 * 1.1 10.00 J & R Schuster Lot 4 50 400,00 J & K Schertaer SCHEDULE .(cont'd) 20 CON. LOT OR PART OF LOT ACRES AFFECTED VALUE OF BENEFIT ASSESSED OWNER NEi SEi SEi SEi NWi SEi SWi NEi SWi SEi SWi NEi NEi NEi SWi NEi SEi SEi Lot 4 50 400,00 J. Pi nsonneau 1 1 Lot 5 50 400.00 H. & J. Kl inard Lot 5 50 400.00 R. & E. Charron Lot 6 100 800.00 M. Gardi ner Lot 6 100 800.00 H. Dutka Lot 7 50 400.00 S. & P. Evans Lot 7 50 400.00 M, Menyes Lot 7 50 400.00 S. & P. Evans Lot 8 100 800.00 R. & A. L ozon Lot 8 50 400.00 H. Couture Lot 9 100 800.00 F. & M. Couture SWi SEi Lot 10 50 400.00 0. Couture SWi SWi NEi SEi Lot 10 12.5 100.00 V, Sterl ing NEi SWi NEi NEi SEi SEi NEi Lot 10 37,5 300.00 p. & A. Sterl ing SWi SEi Lot 1 1 50 400.00 N, & M. Letourneau NEi SEi Lot 1 1 50 400.00 J. & W. Gebal SWi SEi Lot 12 50 350.00 B. Carron NEi SEi ex pt Lot 12 48.757 325.00 0. & J . Del rue SEi NWi ex pts Lot 1 49.46 395.00 Bel leterre Farms Inc. SE 265.88' SEi NWi NW 529. ,58,' ^ Lot \* 1 10,00 G. & M. Emrich NW 263.71' SEi 1 MWi Lot 1 1 10.00 G. & K. Emrich NWi NWi Lot 1 50 400.00 F. Pinsonneaul t SW pt NWi Lot 2* 10 80.00 Dover Rod and Gun Club NE pt NWi Lot 2» 90 720,00 G. Blondeel NWi Lot 3 100 800.00 G. Blondeel SWi NWi Lot 4 50 400.00 L. Tetreault Est. SWi NEi NWi Lot 4 25 200.00 J. & M. PInsonneault NEi NEi NWi Lot 4 25 200.00 G. & K. Mai NWi NWi Lot 5 50 400.00 J. & M. PInsonneault SCHEDULE (con't) 21 coll. LOT OR PART i JF LOT ACRES EFFECTED VALUE OF BEHEFIT Assessed ovjner 6 SEi n;^ Lot 5 50 400.00 G & K Mai Sl^ NW| Lot 7 50 400.00 0. Couture m^ Ni^ Lot 8 50 400.00 0 & D Goutui-e SW pt NW^ SW R pt jrid. Lot 8 88 705.00 0 & B Couture NE pt NI4 IlE H pt M. Lot 9 10 80.00 J & M Couture sw^ N14 Lot 10 50 400.00 J &. M Couture NEi H\^ Lot 10 50 400.00 E. Duquette SVf^NW^ Lot 11 50 400.00 W. Cadotte NE-^- NW^- Lot 11 50 400.00 J. Quelle tte m^ Lot 12 100 700.00 0. Delrue NW^ Lot 13 99.^63 600.00 G & 3 Delrue 7 SV^ SEi Lot 3 49.32 400.00 A & S Szymanski NEi SEi Lot 3 50 400.00 A Tetreault SW^ SB^ Lot Ar 50 400.00 A & B Tetreavilt LIEi SEi Lot 4 50 400.00 E Tetreault SEi Lot 5 100 800.00 E. Tetreault NWi- SB^ Lot 6 50 400.00 H. Kestelyn Estate SE^ SEi- Lot 6 48.84 390.00 S. Flodrowski SV^B^ Lot 7 50 400.00 D. Tetreault Estate SB^ Lot 8 99.419 795.00 H. Coutxire SV^ SB^ Lot 9 49.417 395.00 P & D l^lartin NWi- NEi SB^ ex Rd. Lot 9 23.75 190.00 P & D Martin SE^ NB^ SB^ ex Rd. Lot 9 23.203 185.00 R Martin SE^ SW^ SE^ Lot 10 24.423 195.00 R. I-lartin Gt. 1/3 NEi SE^ Lot 10 16.66 135.00 B Mallette SW 1/3 NE^ £ ;i% Lot 10 16.467 135.00 B Mfillette NE 1/3 NB^ SB^ Lot 10 16.274 135.00 B Mallette SWj- SEj- Lot 11 49.424 395.00 J,D,J,Sc A Martin NE^ SB^ Lot 11 49.423 395.00 A & A Martin SEi SBj- Lot 12 48.87 340.00 V Martin NV% SB^ Lot 12 50 350.00 A Martin SCHEDULE (con't) 22 CON. LOT OR PART OF LOT ACRES AFFECTED VALUE OF BEINEFIT ASSESSED OWNER 7 Pts SW Rivard Drain Lts 1 & 2 126.5 1012.00 St. L\;ikes Club Corp, Pts 1 & 2 24 R 639 Lts 1 & 22 2.89 25.00 G & A Klein All NE Rivard Drain Lts 1 & 2 270.405 2165.00 Snake Island Mai-sh Ltd, SV^ N14- Lot 3 50 400.00 A Tetreault SW|- NB|- NV^ ex pt Lot 3 24.54 195.00 A Tetreault Pt Lot 3 * i 10.00 S. Tetreault NB^NBjNl4 Lot 3 25 200.00 E & C Tetreault SW|- NV^- Lot 4 50 400.00 A & A Tetreault sv^ NB^ n;^ Lot 4 25 200.00 A & A Tetreaxat NBi- NB^ m^ ex pt Lot 4 24.65 195.00 0 & L Tetreault Pt NE^ NE^ mk Lot 4 ^' .35 5.00 J & D Nissen SW|- Nt^ Lot 5 49.507 195.00 D & E Laevens Pt 1 24 R 1232 Lot 5 * .5 10.00 D. Laevens NEi NWg- ex pts Lot 5 49.4 395.00 C. CoutuTG Pt E^ 1% Lot 5 ^ .6 10.00 H. Tetreault Sl4- NW|- Lot 6 50 400.00 R & E Charron ra^ HV^- Lot 6 50 400.00 R, Charron NW pt on Njl4- SWj- NW^ ex pt Lot 7 ■> Lot 7 .35 49.75 5.00 395.00 L Tetreault Est. & H. Tetreault. 0 & C Tetreault NB^ Lot 7 100 800. OC F & G Caron SV^ SW^ NV% Lot 6 25 200.00 C Couture NEj- SWj- Nl4- Lot 8 25 200.00 H. Coutiu-e nb^n;^ Lot 8 50 400.00 F. Caron SW 52' sv^ m^ Lot 9 * i 5.00 V & E Tetreault E pt on V^ Ni W.B.pt Rd. Lot 9 * .50 10.00 M & J Marleau SE pt SW^ NWp NW W.B.pt Rd. Lot 9 15 120.00 H. Toulouse NE pt SW^ 1^ Lot 9 33 265.00 H. Couture MB^ m^ Lot 9 50 400.00 A & M Mattin SW^ NV^ & NWJ^ S^- SEi Lot 10 75 600.00 H. Ouellette NBj-m* Lot 10 50 400.00 V & B MaJ 1 ette SW^NW^ Lot 11 50 400.00 H & C Louagie SCHEDULE (cont'd) 23 CON. CON. OR PART OF LOT ACRES VALUE OF AFFECTED BENEFIT 50 400.00 00 700.00 25 175.00 45 315.00 45 315.00 3.5 40.00 2 20.00 1/3 10.00 76 760.00 50 400.00 ASSESSED OWNER NEi mi Lot I I NWi Lot 12 NEi mi Lot 15 NWi NWi Lot 16 SWi NWi Lot 17 Lot 17 NW cor Pt SEi Lot I* NW pt SEi ex NW cor Lot I NE 150' SW 255' SEi Lot * S pt ex lots S cor Lot I SWi SEi Lot 2 SW 100' NE 447.3 SWi NEi SEi Lot 2* SWi NEi SEi ex pts SE Toulouse Drain Lot 2 SW 100' NE 255.3 SWi NEi SEi Lot 2* NE 100' SW200' NEi NEi SEi Lot »2 SW 100' NEi NEi SEi Lot 2 NEi NEi SEi ex pts & pt SWi NEi SEi NW Toulouse Drain Lot 2 NE 100' SW 512' SWi SEi Lot 3* SWi SEi ex pt Pt Ei Si NEi SEi ex pt SWi SEi NEi SEi ex pt Lot 3 Lot 3» Lot 3 Lot 4 Lot 4 SW 105' NE 444' NEi SEi Lot A* SWi SEi NEi SEi Lot 5 Lot 5 W cor SWi SEi NW Toulouse Dr. Lot 6* SW 100' SWi SEi SWi SEi ex pts. Lot 6* Lot 6 1/3 22.289 1/3 1/3 1/3 26.312 .6 49.4 1/3 50 50 49.5 .26 50 50 I 1/3 48.75 10.00 180,00 10.00 10.00 10.00 210.00 10.00 390.00 10.00 400.00 400.00 395.00 10.00 400.00 400.00 15.00 10.00 390.00 W. & B. Hembree A. & M. St. Pierre J. Pinsonneault Chappie Farms Ltd. Chappie IFamos Ltd. E. Hami I ton W. M. S. Royer P. P. Hamilton R. & M. Lucier F. & D. Charron L. & B. Lozon F. Lucier G. & D. Rabideau G. Lucier J. & G. Lucier D. & A. Lucier Y. Lucier F. Lucier 0. Lauzon E. & P. Tetreault A. Toman G. Koekuyt L. & J . Tetreault C. & M. Va nHove 0. Charron C. & R. Myers 0. & L. Tetreault G. Blondeel SCHEDULE (con't) 24 CON. LOT OR PAOT OF LOT ACRES A.FFECTED VALUE OF BENEFIT ASSESSED OWNER 8 NE 325' NBl-SE-l- (RD 105) Lot 6 * 1 15.00 W, Ifyers NEfr SE^ ex pt Lot 6 49 390,00 W. Burke SBj- Lot 7 100 800.00 A & M De Baere SWj- SB^ ex RD 1059 Lot 8 49.312 395.00 G Couture Pt 1 24 R 1059 Lot 8 * 3/4 10.00 R Couture NEi SE^ .Dt Lot 8 50 400.00 F & G Caron SWi- SEI- Lot 9 50 400.00 H & D Couture NE^ SEi Lot 9 50 4D0.00 L & M Poissant SW^ SE|- Lot 10 50 400,00 M Ouellet NE-| SE^ ex pt Lot 10 49.5 395.00 P & D Martin NE 150' NE|-SE-^ Lot 10 * .5 10.00 B. & H. Howard SV^ SB^ ex Rd, Lot 11 48 390c 00 H Be chard mk sBt Lot 11 50 400.00 0 & M LoTiagie S>% SE% ex pt Lot 12 ^ .■'..9.66. 350.00 V/,0. B. Hombree Pt Lot 12 * 1/3 10.00 D & I Butler Pt Lot 12 '■■ 2.7 25.00 Caron Grain Ltd. SE pt NE-^ SEi ex pt Lot 12 17«73 120.00 G. Mayers SE 1/3 NW pt NEi SEf ex pts Lot 12 8.83 60.00 N Roberts Pt E Cor S10 acrs. N 30 Ac Lot 12 2/3 10.00 G & A Lozon Pt N cor S lOAc M 30 Ac E^i^ Lot 12 ,50 10.00 N Roberts NW 2/3 NW pt NEi Sl% Lot 12 19.797 160.00 H Bagnall Sl^ SE-i^ ex pt SW Boyle ] Dr. Lot 13 48.6 200.00 H Bagnall Nl4 Lots 1 1, ; 2 & 3 290 2320,00 Big Pointe Club Ltd. S\i% NWj- Lot A 50 400.00 C Lauaon NBi^ m^ Lot A 50 400.00 John Roberts et al SWj- SW^ NV% Lot 5 25 200.00 John Roberts et al NBJ- SV% NV% & NB^ HV^ Lot 5 75 600.00 0 & T Lauzon SV^NV^ Lot 6 50 400.00 0 Lozon NEJ^NW^ Lot 6 50 400.00 L & J Tetreatilt sv^ m^ Lot 7 50 400.00 A Labadie SCHEDULE (con't) 25 CON. LOT OR PART OF LOT ACRES AFFECTED VALUE OF BENEFIT ASSESSED OWNER S NB|- NW|- Lot 7 50 4D0.00 P Pinsonneault SW^ SW^ NV^ ex pt Lot 8 24 195.00 P Pinsonneault NEi- SW|- NW|- k pt SW|- swi- N\4- Lot 8 26 205.00 P Pinsonneault NEi NV^ Lot 8 50 400.00 P Pinsonneault SV^ Nl4 Lot 9 50 400.00 H £: L Ouellette NEi Nl^ Lot 9 50 400.00 L Bourgeois Estate SV-k NV^ Lot 10 50 400.00 D Sylvain NE^ NV% Lot 10 50 400.00 D Sylvain Sl4 NW| 4c SE pt Sl,^ NE^ NWi" SE Boyle Drain Lot 11 60 480.00 L Ouellette NW pt S;^ NB| NV^ ex M Boyle Drain pt Lot 11 12.5 100.00 J & B Robinson NE 260> Sl4- NE|- NV^ Lot 11 2.46 25.00 R 8 ic Iffi^ Lot 4-7 •K .30 15.00 T McDonald Lots 5 & 46 & SVI pts Lots 4 to 47* .60 15.00 B Tev&esbtqjy Lots 6 oc 7 * .40 15.00 N Miles Lot 45 & NE^ Lot 44 * .30 15.00 E & C Bi-own Lot 8 « 1/5 10.00 W & N Knight Lot 43 4c SW pt Lot 44 * .30 15.00 R & L King Lots 9, 10, 41 & 42 * V5 20.00 L Dunlop Lots 11 & 40 « .4 15.00 W & B Hembree Lots 12, 13, 38 & 39 « .8 20.00 C & C Burden Lots 14 to 37 % .4 15.00 P & N MacDonald Lots 15, 16, 35 & 36 « .8 20.00 C Winter Lots 18 & 33 * .44 15.00 J & 0 Crawford Lots 17 4t 34 » .4 15.00 E & M Sinqoson Lots 19, 20, 21, 30, 31 & 32 * 1 .20 25.00 Richard Wall:er in Trust Lot 28 « .25 10.00 E Bausejour Lot 29 « .20 10.00 Mitchells Bay Inn Inc. Lots 22 & 23 * .4 15.00 R Bimnett Lot 24 * .2 10.00 L & E Beausejovir Lot 27 « .2 10.00 L & E Beaiisejour Lots ; 25 ic 26* .4 15.00 R Bunnett in Trust BP 419 SE 1/3 Lot M * .09 10.00 R Bunnett in Trust NW 2/3 Lot M * .18 10.00 H Bunnett in Trust Lot G « .35 15.00 Anglican Church NW pt Lot G * .10 10.00 Dover Township SW 66' Lot F * .32 15.00 S McDonald Ct pt Lot F* .37 15.00 D & B'Lachance NE pt Lot F* .40 15.00 M Broadbent NE pt Lot D« .A2 15.00 A & N Jarozak 13 Lots Cj , B, & A* .60 20,00 A & H LoBon Pt NE HP 419 Lot 12* .90 25.00 A & R Lozon SCHEDULE (con't) 34 CON. LOT OH PAiO? OF LOT ACHES ^fl-CTED- Value of BENEFIT ASSESSED OViNER 13 SE-^ ex pts Lot 12 93.574 745.00 H & L Allen SE pt SE^ Lot 12' . 3 40.00 E Roberts SE pt SB^ Lot 12^ ^ .35 15.00 L Sc T Rankin SV^ SE^ Lot 13 25 175.00 M & G ;)ui-ko NV^ ex pt Lot 12 96.5 775.00 D Normandin SWi-NW^ Lot 13 49. o1 390.00 G Dd^Ieyer SW-^ NV^ Lot 14 10 70.00 W Mi n R U All ex Creek 4c lots Lot 13 193 1540.00 Rankin Creek Fanns SW 1/3 Sl4 ex pt Lot 14 282 225.00 R Loyst HE 104' SW 1/3 SWI- Lot 14 5 40.00 M Van Houten NE 2/3 SW|- Lot 14 66. 4B 530.00 N L'Ecviyer- NEi Lot 14 99.719 800.00 W Mils SB^ Lot 15 45 315.00 N Sc M Dewar m^ Lot 15 9G 785.00 B Lewis MEi SV^ S^ & NEi SEi Lot 16 90 200.00 W Lewis SB^ Lot 17 50 350,00 L Lewis Estate SWg- S^ & SW pt NE^ SEi Lot 18 10 70.00 A (Sc M Crawford S^ NW^ Lot 16 40 280.00 J McGrail NE|- IV^ Lot 16 50 350.00 W & J McGrail S\^ Nt% ex pt Lot 17 49.075 350.00 W & J McGi-ail Pt 1 24. R 617 Lot 17 * .93 10.00 F & D Debruyne NE^N^ Lot 17 50 350.00 M Crawfoi'd I'lV^ Lot 18 90 630.00 M Crawford NW pt NV^ NW McLeod ex SE pt Creek Lot 19 50 300.00 M Crawfox^ Ct pt SE pt m^ SE : Bear Ck. Lot 19 2.303 15.00 M Crawfoi'd NW pt SE pt NV^ SE : Bear Ck. Lot 19 6 55.00 J & V Crowe NE pt Nl^ NE Little Bear Ck. Lot 20 10 70.00 C & M Crow BDW Lot 36 70 490.00 D & K Rose BDE Lot 36 75 530.00 J Gordon SCHEDULE (con't) 35 COK. LOT OR PAlff OF LOT ACiffiS AFFECTED U NWj- i.V^ ex M. 15 SEi- m^ ex IW pt NW pt I«3^ SW pt ex IW pt NW pt SV^ NEi SW^ NE-2- Lot 1(5 Lot 24 Lot 24. 20 20 Lot 15 100 100 85 15 Lot 16 Lot 16 Lot 16 Lot 17 £-3 Lot 17 17 Lot 17 100 Lot 18 100 Lots 18 U. 19 300 NW 216' IIE 130' SE^ S Idver Ck Lot 20^t .4 NE pt ex pts NE Little Boar Ck Lot 20 100 Pt NW pt NE pt NE Lit. Bear Ck Lot 20 16.5 NW pt NW pt NE pt NE L. Boar Ck Lot 20 l6.5 3E pt NW pt NE pt Little Bear Creek BDW All SE^ ex pt HE pt 3B|- NW^ BDE NW pt IIW 165' SW 528' NW pt SE pt 15 BDW SW pt ex SE pt SW Little Bear Creek SE pt SW pt SW Little Bear Creek SEi Lot 20 3 Lot 37 100 Lot 38 45 Lot 38 5 Lot 38 50 Lot 38 7.79 Lot 38 2 Lot 38 90 Lot 37 100 Lot 24 25 Lot 20 54 Lot 20 5 Lot 39 50 Lot 39 50 VALUE OF ASSESSED OWNER - -™''I?1T 137.50 E ilensel 137.50 R Hunter 800.00 0 Verhaege 800.00 0 Verhaege 680.00 J Griff ore Estate 120.00 J Davidson 665.00 D Griff ore 135.00 J Davidson 800.00 E Griff ore 800.00 D Dunlop 2400.00 M Crawford 10.00 J & J Martin 800.00 C. itoe Estate 130.00 C Handsor &. W Meedham 130.00 0 Boswoll 25.00 K <& D jtose 700.00 A, H, H iiose 315.00 A, H, B ilaso 35.00 B 8c R itose 350.00 K & D itose 55.00 L 5c G Handsor 15.00 V itose 625.00 K & D Rose 700.00 D Gordon 175.00 J & M HcGrail 430.00 M Crawford 4D.00 R Crawford 400.00 0 Boswell 400.00 C Handsor ,S£HEDULE (cont'd) 36 CON. LOT OR PART OF LOT ACHES ijEFECISD., VALUE OF BEliEFIT ASSESSED OWNEl^ BDE SE pt Lot 39 20.318 140.00 L & G Handsor IW pt Lot 39 01 565.00 F & M Van Boven 15 SV; pt Nl4 sw Maxwell Greek Lot 24 9 65.00 F Van Boven NV^ ex pt Lot 24 40 250.00 R & L Van Damme 16 Pts Lots 16 & 17 34.5 275.00 J Davidson NE pt Lot 17 25 200.00 L & M Dunlop sv^ Lot 18 21 168.00 L Dunlop SW pt NEi Lot 18 1.5 15.00 M Crawford BDW All ex NW pt NB^ Lot 40 82.5 660.00 G. & M. Vandevelde NW pt NE^ Lot 40 17.5 140.00 National Bank of Detroit BOE Pt Lot 41 * 1.8 1,.5.00 N Dolsen Pt Lot 41 * 2.076 20.00 R Haviland All Lot 40 30 210.00 D, M, J, Gordon 17 NW pt Lot 19 46 370.00 G ncession Road * 1 0th Concession Road * Nth Concession Road * 12th Concession Road * 14th Concession Road * 15th Concession Road * 16th Concession Road * 18th Concession Road * River Rd. (Along North S ide Sydenham River) * Town line (E. & W. Dover) * Jacob Road * Given Road Con. 5 * Big Polnte Rd. » Mills Road » Crow Road * Oue I i ette Road * Bear I Ine Road * Ba I doon Road * Kel iar Street » McDonald Street * .27 10.00 Anni e Rabideau 96 770.00 G. Rabi( jeau 6 50.00 G.H. Frye Holdings Ltd 2 20.00 D. Carrol 1 40- 2815.00 Twp. of Dover 18 1335.00 Twp. of Dover 36 2680.00 Twp. of Dover 36 2810.00 Twp. of Dover 36 2680.00 Twp. of Dover 36 2680.00 Twp. of Dover 24 1800.00 Twp. of Dover 21 1560.00 Twp. of Dover 15 1110.00 Twp. of Dover 21 1560.00 Twp. of Dover 6 725.00 Twp. of Dover 16 1450.00 Twp. of Dover 13 1227.00 Twp. of Dover 15 1285.00 Twp. of Dover 12 900.00 Twp. of Dover 20 1670.00 Twp. of ODver 27 2015.00 Twp. of Dover 16 1200.00 Twp. of Dover 21 1560.00 Twp. of Dover 3 215.00 Twp. of Dover 1 85.00 Twp. of Dover 3 215.00 Twp. of Dover 6 450.00 Twp. of Dover 7 565.00 Twp. of Dover .3 45.00 Twp. of Dover .3 45.00 Twp. of Dover SCHEDULE (ctm't) 38 CON. LOT OR PARI OF LOT ACRES VALUE OF ASSESSED OlfflER AFFECTED BEI-IEFIT Allen Road « .3 45.00 Tovmship of Dover Taylor Street a 2 155.00 Township of Dover Park Street * 1 85.00 Tovmship of Dover 4.th Concession P^oad (Co\mty Portion) A. 5 330.00 County of Kent River Road (County Portion) « 2 155.00 County of Kent 8th Concession Road * 36 2680.00 County of Kent 11th Concession Road « 7 520.00 County of Kent 13th Concession Road « A 745.00 County of Kent Jacob Itoad « 4 300.00 County of Kent Winterline Road * 40 2808.00 County of Kent TOTAL ASSESSMENT 5i 266.000.00 * denotes non-agricultural RECAPITULATION Total on Lands for Benefit $ 224,587.00 Total on Tovnaship Roads 53,875.00 Total on County Roads 7,538.00 TOTAL ASSESSMENT g 266.000.00 May 29, 1976 CHATHAM, Ontario Donald D. McGeorge 0. L. S., P. Eng. 39 AND WHEREAS, the Council is of opinion that the drainage of the area described Is desirable. Therefore the Council of the Township of Dover, pursuant to the Drainage Act, 1962 - 63, enacts as follows: 1st. The report is hereby adopted, and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2nd. The Corporation of the Township of Dover may levy in one year the sum of SFifty Three Thousand, Two Hundred ($53,200.00) — xx/lOO Dollars being the funds necessary for the drainage works not otherwise provided for (or being the municipality's portion of the funds necessary for the drainage works);' provided that such sum shall be reduced by the amount of grants and commuted payments with respect to lands and roads assessed. 3rd. For paying the sum of $46,425.00, the amount charged against such lands and roads for benefit, apart from lands and roads belonging to or controlled by the municipality, the following total special rates over and above all other rates shall be assessed, levied and collected (in the same manner and at the same time as other taxes are levied and collected) upon and from the undermentioned parcels of land and parts of parcels and roads in one year after the passing of this by-law, provided that no greater amount shall be levied than is required after taking into account and crediting the amount of grants under subsection 3 of section 64 of The Drainage Act, 1962 - 63, the amount of moneys paid under a by-law passed under subsection 4 of section 40 of that Act and commuted payments with respect to lands and roads assessed. Con. Lot or Pt.Lot Acres Owner or Assessed Total Est. Net Affected Owner Assessment Leg. Grant Assessment 1 DW SE pt. NEi ox. Lots 1 81 G. l-OOl Bagnal 1 650.00 520.00 130.00 SW cor. SE pt NEI 1 4.5 B. 1-002 i A. Bagnal 1 35.00 28.00 7.00 Pt.SE Pt.NEi 1 .47 S. 1-003 * & B. Bennett 5.00 4.00 1.00 Pt.SE Pt.NEi 1 .60 L. 1-004 * & R. Dubuque 5.00 4.00 1.00 SE pt SWi SEi ex. pts. 2,3,& 5 24 R 851 1 lot 77 J. 1-005 M.B.4 J. Bagnal 1 615.00 492.00 123.00 Pt. SE pt. SWi SEi Rd. 1 N.R. 1/3 J. 1-00501 * & 1 . Reaume 5.00 4.00 1.00 NE pt NEi SE Do 1 sen Creek ex lot, NE pt NEi NW Do 1 son Creek 2 70 A. 1-006 & V. King 560.00 448.00 112.00 SE cor NE pt. 2 i P. 1-00601 * Jubenvl 1 le 5.00 4.00 1.00 SW pt. NEi S.Dolsen Creek 2 44.5 R. 1-007 Jubenvi 1 le 360.00 288.00 72.00 NEi SWi 2 99 M. 1-008 Jubenvi 1 le 790.00 632.00 158.00 SWi SWi 2 98.9 D. 1-009 Reaume 790.00 632.00 158.00 40 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leg.Grt. Assessnnent I DW NE pt NEi SE Dolson Croek 3 45 SW pt NEi SE Main Dra i n 3 48.99 NE pt SWi i pt SW pt NEi SE old Rivard Drain NW of New River Road 3 55.79 Pt NE pt SWi SE new R. Road 3 8.33 SW pt SWi & NE pt NEi 3 & 4 82.14 SW pt NEi 4 62.5 NE pt SWi 4 62.5 SW pt SWi 4 62.5 All ex 24 R 297 5 179.57 SW pt (pt I 24 R 297) 5 I SW pt (pt. 2 24 R 297) 5 2.12 SW pt (pt. 3 & 4, 24 R 297) 5 All 3.75 31 NW pt Lot 7, All 8, 9, 10, I I & 12 1229 Al I Lots 6, 7 4 8 240 NW pt SEi I 63 NEi NEi NW pt I 35 SWi NEi NW pt I 37.69 SWi NW pt. I 80 NW pt NE pt NW Dolsen Cr. 3 40 3 OW SW pt. I 71 NE pt & SW pt 2 I 12 All 3 200 All Lots 4 & 5 400 All 6 194.39 NE pt I 126.5 I -010 H. Duphotte I -on J . & E. Laevens 1-012 M. Laevens I -01 20 1 J . & C. Laevens 360.00 390,00 445.00 65.00 660.00 1-013 V. & L. Duphatte 1-014 T. & E. Jubenvil le 500.00 5-015 L. Reaume 5-016 W. & M. Reaume 500.00 500.00 5-01801 * C. Jubenvi I le 5-019 * I rene Smit 30.00 50.00 1-036 V. Jubenvi I le 500.00 1-037 Mary E. Jubenvi Me 280.00 1-038 Robert Jubenvi I le 300.00 1-039 Vernon Jubenvi Me 640.00 1-040 V. & L. Duphette 1-041 Leo Couture 1-042 Leo Cksuturo 1-043 Leo Couture 1-044 Bradley Farms 1-045 Bradley Farms 1-046 Roger Lap rise 320.00 570.00 895.00 288.00 312.00 356.00 52,00 528.00 400.00 400.00 400.00 5-017 Bradley Farms Ltd. 1,440.00 1,152.00 5-018 * R. & J. Jubenvi I le 15.00 12.00 24.00 40.00 98.40 5-020 Bradley Farms Ltd. 248.00 1-022 Bradley Farms Ltd. 5,000.00 4,000.00 1-023 Bradley Farms Ltd. 1,920.00 ,536.00 400.00 224.00 240.00 512.00 256,00 456,00 716,00 1,600.00 1,280.00 3,200.00 2,560;00 1,555.00 1,244.00 1,030.00 824.00 72.00 78.00 89.00 13.00 132.00 100.00 100.00 100.00 288.00 3.00 6.00 10.00 49.60 ,000.00 384.00 100.00 56.00 60.00 128.00 64.00 I 14.00 179.00 320.00 640.00 31 1.00 206.00 41 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leg. Grt. Assessment 3 DW SW pt NE pt 2 88 1-047 705.00 F.E. & M. 1 .Pinsonneault 564.00 141.00 5 DW Pt. 5 1-060 St. Lukes Club 50.00 40.00 10.00 1 SWi SWi 20 1-067 V. Jubenvi 1 le 160.00 128.00 32.00 NEi SWi ex.pt. 16.9 1-068 Bel leterre Farms 135.00 108.00 27.00 Pt NEi SWi - 1 R 636 24 1/3 1-06801 * V.A. & S.L. Marchand 5.00 4.00 1.00 SW pt NEi 20.7 1-069 Bel leterre Farms Inc .165.00 132.00 33.00 NE pt NEi 1 17 1-070 V. & R. Jubenvi 1 le 135.00 108.00 27.00 SW cor. 2 1 1-071 * L. & A. Stevenson 10.00 8.00 2.00 All ex SW cor. 2 120 1-072 Mary Jubenvi 1 le 960.00 768.00 192.00 SW pt SW pt. 3 59.75 1-073 D. & L. Johnston 480.00 384.00 96.00 NE 89', SW 540 N.R.Road t 3 .25 1-074 R. & M. Cool< 5.00 4.00 1.00 NE 236' SW 798 R. Road .4 N. 3 .80 1-075 Harry Goudreau 10.00 8.00 2.00 NE pt SW pt. 3 32.6 1-076 L. Jubenvi 1 le 260.00 208.00 52.00 NE 154' SW 908 N. R. Road .5' 3 .40 1-077 D. & P. LaMarsh 5.00 4.00 1.00 SWi NE pt. 3 66 1-078 1. & K. Pel key 530.00 424.00 106.00 NEi NE pt. 3 66 1-079 Wm. Antaya 530.00 424.00 106.00 SW pt SWi S. McFarl Drain 4 lane 26.75 I-C80 Wm. Antaya 215.00 172.00 43.00 Ct.Pt. SWi s. McFarlane Dr. 4 46 1-081 Rose Bagna 1 1 370.00 296.00 74.00 NE pt SWi S. McFarlane Dr. 4 44 1-082 Mary E. Jubenvi 1 le 350.00 280.00 70.00 SW pt Kli S. McFarl Dr. SW Pt. S.. R. Road 4 ane 76.87 1-083 H. Crow Estate 615.00 492.00 123.00 NE pt NEi S. McFarlane Dr. 4 42 1-084 R. Peltier 335.00 268.00 67.00 SW pt Pt. 1, 24 R 644 5 .50 1-08401 * Loretta Reaume 5.00 4.00 1.00 SWi SE McFarlane Dr. ex. Pts. 5 1 15.25 1-085 M.E. & J.M. Caron 920.00 736.00 184.00 SE pt SWi SE River Road 5 4 1-086 * Anno Vandersluis 5.00 4.00 1.00 SE pt SWi NW River Road 5 i 1-087 * Hernani Desa 5.00 4.00 1 .00 SW pt NEi S. McFarlane Dr. 5 49 H. Crow Estate 390.00 312.00 78.00 42 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 1 NE pt NEi S. McFarlane Dr. 5 40 1-089 Robort Peltier 320.00 256.00 64.00 NE pt N. McFar Drain ■lane 5 31.8 1-090 Leonard Jubenvi 1 le 255.00 204.00 51.00 Ct. pt N, McFarlane Dr. 5 26 1-091 Kenneth Pel key 210.00 168.00 42.00 SW pt N. McFarlane Dr. 5 31 1-092 1 van Pe 1 key 250.00 200.00 50.00 NE pt M. McFarlane Dr. 4 24 1-093 Leonard Jubenvi 1 le 190.00 152.00 38.00 SW cor N. McFarlane Dr. 4 i 1-094 « Leonard Jubenvi 1 lo 5.00 4.00 1.00 4 SW pt SWi NW Drain 1 73.62 J. I-IOI & L. Johnston 590.00 472.00 1 18.00 SW pt SWi SE Drain 1 6.23 V. 1-102 Jubenvi 1 le 50.00 40.00 10.00 NE pt SWi 1 25.86 1-103 Bel leterre Farms 205.00 164.00 41.00 SW pt SEi 1 60.477 1-104 Bel leterre Farms 485.00 388.00 97.00 NE pt NEi 1 44 Ve 1-105 irnon Jubenvi 1 le 350.00 280.00 70.00 SWi SWi SWi 2 25 1 - 1 06 Hector Duphotte 200.00 160.00 40.00 NEi SWi SWi & NEi SWi 2 75 1-107 Hector Duphette& DVA 600.00 480.00 120.00 SWi NEi 2 50 V. 1-108 & L. Duphette 400.00 320.00 80.00 NEi NEi 2 50 1-109 Francis Gervais 400.00 320.00 80.00 SW 1/3 3 66.66 l-l 10 Ma ry Koekuyt 535.00 428.00 107.00 NE 2/3 ox pt. 3 133 A. l-ll 1 & Y. Griffore 1,065.00 852.00 213.00 NE cor NEi 3 i M. I-II2 & D. Caste! n 10.00 8.00 2.00 SE cor SW cor 3 & 4 i l-l 13 * S. & R. Jubenvi 1 le 5.00 4.00 1.00 SWi SWi ex.pt. 4 49.75 D. l-l 14 Cue 1 1 otte 400.00 320.00 80.00 NEi SWi 4 50 I-II5 F. Quel lotte 400.00 320.00 80.00 NEi 4 100 l-l 16 L. & M. Jubenvi 1 le 800.00 640.00 160.00 SWi SWi 5 50 I-II7 E. & F.B. Carron 400.00 320.00 80.00 NEi SWi 5 50 G. I-II8 Cue 1 1 ette 400.00 320.00 80.00 NEi 5 100 l-l 19 A. St. Pierre 800.00 640.00 160.00 NW pt SEi N Stephenson Dr. I 54 1-126 Romeo Pinsonneault 430.00 344 . 00 86.00 43 Con. Lot or Pt.Lot Acres Affected Ow ner or Assessed Owner A: Total ssessment Est. Leq.Grt. Net Assessment 5 SE pt SEi S. Stephenson Dr. 1 42.173 R. 1-127 & T. Pinsonneault 335,00 268 . 00 67,00 SEi 2 97.917 R. 1-128 Pinsonneault 784.00 627.20 156.80 SWi SWi SEi 3 25 G. 1-129 Del rue 200.00 160.00 40,00 NEi SWi SEi 3 25 E. 1-130 Del rue 200.00 160.00 40.00 NEi SEi 3 50 L. I-I3I & M. Jubenvi 1 le 400.00 320.00 80.00 SWi SEi 4 50 L. 1-132 Jubenvi 1 le 400.00 320.00 80.00 NEi SEi 4 50 R. 1-133 & T. Pinsonneault 400.00 320.00 80.00 SWi SEi 5 50 A. 1-134 St. Pierre 400.00 320.00 80.00 NEi SEi 5 50 J. 1-135 P. Pinsonneault 400.00 320.00 80.00 SEi NWi 1 50 V. 1-136 &L. Duphette 400.00 320.00 80.00 NWi NWi 1 50 M. 1-137 & M. Klinard 400.00 320.00 80.00 SEi NWi 2 50 M. 1 - 1 38 & M. Roth 400.00 320.00 80.00 NWi NWi 2 50 J. 1-139 & F. Roth 400.00 320.00 80.00 NWi 3 100 J. 1-140 P. Pinsonneault 800.00 640.00 160.00 SWi NWi 3 50 R. I-I4I Pinsonneault 400.00 320.00 80.00 NEi NWi 4 50 A, 1-142 & J. St. Pierre 400.00 320.00 80.00 NWi 5 100 A. 1-143 St. Pierre 800.00 640.00 160.00 SEi SWi ex. River Road 6 48.6 2-001 Frank Gervais 390.00 312.00 78,00 NWi SWi 6 49.7 F. 2-00101 Gervais 400.00 320.00 80,00 Pt. 1 24R2I0 6 1/3 R. 2-00102 * & C DeHondt 5.00 4.00 1,00 SE pt NEi SE McFarlane Dr. 6 74 Wfr 2-002 1. Trudel 1 590.00 472.00 1 18,00 SW pt SWi 7 49.5 R. 2-003 Bel anger 395.00 316.00 79,00 NE pt SWi SE McFarlane Dr. 7 37 G. 2-004 & M. Pol key 295.00 236.00 59,00 Pt NE pt SWi NW McFarlane Dr. 7 15 A. 2-005 Trudell 120.00 96.00 24,00 SWi NEi SE McFarlane Dr. 7 30 J. 2-006 & J. Abram, 240.00 192.00 48,00 NEi NEi SE McFarlane Dr. 7 29.5 P. 2-007 Vol lans 235.00 188.00 47,00 NE pt NEi NW McFarlane Dr. 7 27 R. 2-008 H. Bolanger 215.00 172.00 43,00 44 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leq.Grt. Assessment 1 SW 2/3 NW R.Rd 8 130 2-011 Bel leterre Farm 1 ,040.00 832.00 208.00 SE pt NE 1/3 ex pt. 8 7.4 B. 2-013 & T. Chfjriebois 40.00 32.00 8.00 NW pt NE 1/3 SE McFarlano Dr. 8 42 2-014 Bel leterre Farms 335.00 268.00 67.00 NW pt NEi NW McFarlane Dr. 6 24 B. 2--056 & M. Trudsii 195.00 156.00 39.00 PCB Pt. 1 RD 139 15 3/4 R. 2-057 * E. Mcri.-itt 10.00 8.00 2.00 SW pt ex RD 139 15 29.43 B. 2-058 & M. Trudel 1 235.00 188.00 47.00 NE pt Lot 15 & 14 62 D. 2-059 & M. Trudel i 310.00 248.00 62.00 Al 1 12 & 13 40 Al 2-060 phonso Trudel 1 200.00 160.00 40.00 All 11,10 & 9 61.5 H. 2-06 1 Bel angor 300.00 240.00 60.00 SWi 8 28.5 R. 2-062 H. Bel anger 140.00 1 12.00 28.00 NEi 8 27 R. 2-06.'. Bourassa 100.00 80.00 20.00 4 SWi SWi S 50 E. 2-300 Pet i or 400.00 320.00 80.00 NEi SWi 6 50 C. 2-301 Fch-ier 400.00 320.00 80.00 SW 100' SWi NEi 6 5 F. 2-302 » & R. Jiiberivi 1 le 10.00 8.00 2.00 SWi NEi ex pt. 6 49.5 2-303 Violot King 395.00 316.00 79.00 NEi NEi 6 50 F. 2-304 & N. Tnjdol i 400.00 320.00 80.00 SW pt SWi 7 40 J. 2-305 Raspburg 320.00 256.00 64.00 NE pt SWi 7 40 G. 2 -.306 4 G. Kesi-Glyn 320.00 256.00 64.00 SW pt NEi & pt NE pt SWi 7 80 R. 2-J07 & C. Bossy 640.00 512.00 128.00 NE pt & NEi 7 40 R. 2-308 & C. Pin^onnoault 320.00 256.00 64.00 SWi SWi ox pt. 8 49.483 R. 2-309 & C. Pin-.onneault 395.00 316.00 79.00 pt SWi SWi ox 1 Dt. 3 i D. 2-30901 * & B. Johnston 10.00 8.00 2.00 pt. NEi SWi 8 1/3 C. 2-310 Couture 5.00 4.00 1.00 NEi SWi ox pt 8 49.660 A. 2-311 Couture 395.00 316.00 79.00 SWi NEi 8 50 B. 2-312 C. Eechard 400,00 320.00 80.00 NEi NEi 8 50 1. 2-313 tJoursssa 400.00 320.00 80.00 SWi SWi 9 50 2--3 1 4 Ernost Kfnci 400.00 320.00 80.00 45 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leg. Grt. Net Assessment 4 NEi SWi 9 50 F. 2-315 & M. Pinsonnoault 400.00 320.00 80.00 SWi NEi 9 50 R, 2-316 400.00 C. F, & M.Pinsonneault 320.00 80.00 NEi NEi 9 50 E. 2-317 & R. King 400.00 320.00 80.00 SWi SWi ex SE cor 10 48 F. 2-318 & J. Raspburg 380.00 304.00 76.00 NEi SWi 10 50 A. 2-320 Caron 350.00 230.00 70.00 SWi II 100 R. 2-321 & C. King 650.00 520.00 130.00 SW pt NEi ox pt. 1 1 71 R. 2-322 Pinsonneault 425.60 340.00 85.00 NE pt NE pt SE pt ex SW cor. II 13.5 R. 2-325 & Y. Pinsonneault 80.00 64.00 16.00 NE pt NE pt NW pt. 1 1 14 R. 2-326 Pinsonneault 85.00 68.00 17.00 SWi SEi 12 50 R. 2-327 & Y. Pinsonneault 250.00 200.00 50.00 NEi SEi ex pt. 12 49.5 J. 2-328 M. Caron 240.00 192.00 48.00 NEi 10 100 E. 2-335 J. King 725.00 580.00 145.00 SWi NWi 12 50 R. 2-336 T. Pinsonneault 350.00 280.00 70.00 NEi NWi 12 49 F. 2-337 & M. Caron 290,00 232.00 58.00 5 SWi SEi 6 50 C. 2-350 & M. Lozon 400.00 320.00 80.00 SWi SWi SEi 7 25 C. 2-351 & M. Lozon 200.00 160.00 40.00 NEi SWi SEi ex pt. 7 23 A. 2-352 St. Pierre 185.00 148.00 37.00 W pt SE cor Ei 7 i R. 2-353 * & 0. Couture 10.00 8.00 2.00 E pt SE cor Ei 7 1.526 R. 2-354 Couture 15.00 12.00 3.00 NEi SEi SE Given Road 7 47 R. 2-355 Couture 375.00 300.00 75.00 SE pt SWi SEi SE Given Rd. 8 41 J. 2-356 & B. Osuch 325.00 260.00 65.00 SWi SEi ex NWi Ac NW Given Rd. & SWi NEi SEi 9 74.25 H. 2-357 & M. Mieiczarek 600.00 480.00 120.00 NEi NEi SEi 9 25 H. 2-358 Couture 200.00 160.00 40.00 SE pt NEi NWi SE Given Rd. 9 19.5 E. 2-359 &. E. Couture 155.00 124.00 31.00 SWi SWi SEi 10 25 H. 2-360 & M. Couture 200.00 160.00 40.00 NEi SWi SEi & pt NEi SEi SW Given Road SW 10 63.5 E. 2-361 , & E. Couture 510.00 408.00 102.00 SWi NWi 7 40 Ci e Couture 320.00 256.00 64.00 46 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leq.Grt. Assessment HEi SEi ex pt. 6 Pt. I RD 145 6 NE pt SEi SE Given Ftoad 48.74 1.25 swi mi 6 50 NEi NWi ex pt. 6 49.2 Pt. HEi NWi ex pt. 6 .8 SE pt SWi mi 7 10 NE pt NEi NE Given Rd. 7 53 NW pt SWi SEi m Given Rd. 8 9 SWi NWi 8 50 NEi mi & NW pt NE^ SEi NW Given Rd. 8 57 NW cor SWi SEi NW Given Road 9 i SWi NWi 9 49 NW pt NEi NWi NW Given Rd. 9 30 NW pt of Si Ni W Big Polnte Rd. 10 19.5 NE pt Wi Ni ox Rd.lO I I Pt S Rd. Wi Ei Ni 10 3 SW cor Wi Ei Ni 10 I Ei Ei Ni 10 25 NE pt Ei Si 10 11.75 S pt Wi Ni W Big 10 Pointe Rd. SEi SWi SEi NEi SEi NWi SEi I SEI SEi I NW IOC SEi SEi I 18.5 100 50 50 50 49.656 1/3 2-362 C. & M. Lozon 2-363 C. R. & P. Lozon 390.00 15.00 2-364 P. Dul isch Estate 345.00 2-366 Mario Dul iscli 2-367 R. Pinsonneault 2-368 M. & M. St. Pierre 2-369 Clara Kendal I 2-370 H. St. Pierre 2-371 L. & L. Lozon 2-372 C. Bcchard 2-373 P. Dul isch Est. 2-374 * M. St. Pierre 400.00 395.00 10.00 80.00 425.00 72.00 400.00 455.00 10.00 395 . 00 2-375 W., J., & M Goba 2-376 W., J., & M.,Gebal 240.00 2-377 W. J. & M. Gebal 2-378 W. & M. Gebal 2-37801 V. & E. Tetrault 2-379 E . Lozon 2-380 W. & M. Gebal 2-381 W. & M. Gebal 2-382 E. & E. Couture 2-383 G. & R. Pinsonneault 700.00 2-384 R. Pinsonneault 300.00 2-385 0. i, M. Pinsonneault 300.00 5-001 R. Dorbeckor 155.00 90.00 25.00 10.00 200.00 95.00 145.00 400.00 5-002 H. & J. Kl inard 395.00 5-00201 * Union Gas Ltd* 5.00 312.00 12.00 276.00 320.00 316.00 8.00 64.00 340.00 57.60 320.00 364.00 8.00 316.00 192.00 124.00 72.00 20.00 8.00 160.00 76.00 I 16.00 560.00 240.00 240.00 320.00 316.00 4.00 78.00 3.00 69.00 80.00 79.00 2.00 16.00 85.00 14.40 80.00 91.00 2.00 79.00 48.00 31.00 18.00 5.00 2.00 40.00 19.00 29.00 140.00 60.00 60.00 80.00 79.00 1.00 47 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 6 SW 273' SWi SEi 2 .95 5-003 6. & A. Klein 10,00 8.00 2. CO SWi SEi & SW pt NEi SEi ex pt 2 65.226 5-006 Bel leterre Farms 520.00 416.00 104.00 SW 162' NE 476 SW pt SEi .15 2 .8 5-00601 * Patricia Lozon 10.00 8.00 2.00 Ct. pt. NEi SEi 2 25 5-007 J. & B. Osuch 200.00 160.00 40.00 NE pt NEi SEi SW pt SWi SEi 2 & 3 20 5-008 S. & P. Czarneci 5-251 * 1 vain 10.00 8.00 2.00 Pt on Wi Ni 12 .40 G. & 5-232 * T. Gagnon 5.00 4.00 1.00 SWi NWi ox pt 12 48 N. & 5-233 A. Benolt 335.00 268.00 67.00 RP Lots 594 26 & 27 3/5 L. & 5-234 * J . Brown 10.00 8.00 2.00 Lot 28 1/3 J. & 5-235 * K. Butlor 5.00 4.00 1.00 Lot 29 1/3 L. & 5-236 » A. Quo! lotto 5.00 4.00 1.00 RP 594 Al 1 & 587 25 1.2 Twp. 5-237 » of Dovor 10.00 8.00 2.00 Al 1 24 1/3 A. & 5-238 B. Daniel 5.00 4.00 1.00 AM 23 .17 J. & 5-239 » V. Bo 1 anger 5.00 4.00 1.00 All 22 L. 5-240 * Porreault 5.00 4.00 1.00 NW pt 30 .21 W. 5-241 * & Y. F»bb 5.00 4.00 1.00 Pt. 30 .22 L. & 5-242 * 1. Benoit 5.00 4.00 1.00 21 .18 L. & 5-24201 V. Etnory 5.00 4.00 1 .00 All 20 .32 J. 5-243 * Bono it 5.00 4.00 1.00 19 .15 N. & 5-244 * A. Benoit 5.00 4.00 1 .00 8 Pt Lt ex pts 12 16.61 N. & 5-245 A. Benoit 1 15.00 92.00 23.00 18 .18 R. & 5-246 * L. Dulong 5.00 4,00 i.OO 54 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est, Net Owner Assessmont Leq.Grt. Assessment RP 587 RP 587 & 594 RP 594 17 16 15 14 13 31 & 13 32 RP 587 SE pt Lot 1 1 & pt 4 24 R 960 RP 594 Block B 7 Pt. Dr. i RP 587 Pt Lt. II & 12 i .19 .18 . 13 .21 .17 1/3 1/3 i SEi NEi NWi 12 25 SWi SEi 15 25 NEi SEi 15 50 SWi NWi 15 25 NEi NWi 15 50 SWi SEi 16 50 NEi SEi 16 50 SWi SWi SEi 17 25 NEi SWi SEi 17 20 NWi ox pt 16 99.5 NE 136.25' SW 521.25 NWi 16 i SWi NWi '7 40 Pt Lots I, 2, 3 &4 337 SEi 5 100 SWi 6 100 NEi 6 100 Pt. I RD 94 S4 W4 7 1 5-247 * C. & E. Emory 5-248 * D. Alexander 5-249 S. & C. Trahan 5-250 * Elsio Demers 5-251 * R. & D. Lozon 5-252 * J . KoGkuyt 5-253 * R. & R. flyers 5-254 * D. & A. Bonoit 5-255 * S. & J . LaprlsQ 5-256 * A. Domers 5-276 R. Normandin 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 175.00 5-198 J. L. Pinsonneault 125.00 5-199 R. & G. DoDocker 5-295 Orvl i Ig Lucler 5-296 H. Marchand e - 1 06 A. a B. Faubert 6-107 Ha ro I d J amcs 6-106 Leo Harris 6-10801 Robt. Harris 6-114 D. Cadotte 6-113 * G. CadottG 6-1 15 * M. & G. Dovoldor 5-301 Big Polnte CLub 2,700.00 2,160.00 800.00 640.00 800.00 640.00 800.00 640.00 10.00 8.00 300.00 150.00 300.00 300.00 300.00 150.00 120.00 590.00 10.00 250.00 5-302 0. & T. Lozon 5-303 R. 4 J. L'Ecuyer 5-304 R. & H. Cartier 5-305 » Joanne Gri f fore 4.00 4.00 4.00 4.00 4.00 4,00 4.00 4.00 4.00 4.00 140.00 100.00 240.00 120.00 240.00 240.00 240.00 120.00 96.00 472.00 8.00 200.00 1.00 1.00 I .00 1.00 1.00 1.00 1.00 I .00 1.00 1.00 35.00 25.00 60.00 30.00 60.00 60.00 60.00 30.00 24.00 118.00 2.00 50.00 540.00" 160.00 160.00 160.00 2.00 55 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owne r Assessment Leq.Grt. Assessment 9 SEi SWi SEi ox pt 7 24 B. 5-306 Gri ffore 190.00 152.00 38.00 NWi SWi SEi ex pt. 7 24.6 A. 5-307 & G. Bechard 195.00 156.00 39.00 Pt. 7 .4 5-30701 » Roland Bechard 10.00 8.00 2.00 NWi NEi SEi 7 25 5-308 Barney Grl ffore 200.00 160.00 40.00 SEi NEi SEi ex pt. 7 24 Al 5-309 mo Labadie 190.00 152.00 38.00 Pt on Si Ei Si • 7 1 Al 5-310 * mo Labadie 10.00 8.00 2.00 SWi SEi ex pt 8 48.5 L. 5-31 1 & L. Emery 390.00 312.00 78.00 NE 181.5' SWi SEi 8 li Ha 5-312 * rvoy Toulouse 15.00 12.00 3.00 NEi SEi SE Boyle Dr. 8 48 S. 5-313 & M. Letourneau 390.00 312.00 78.00 SW pt SWi SEi SE Boyle Drain 9 23 5-314 Edna Brown 185.00 148.00 37.00 NE pt NEi SEi Boyle Drain SE 9 22.66 L. 5-315 & H. Ouellette 185.00 148.00 37.00 NE pt SWi SEi pt NEi SEi SE Drain & SW Boyle 9 47 L. 5-316 Caron 375.00 300.00 75.00 NE 80' NE pt NEi SEi 9 i/3 J. 5-317 * & M. DeKievet 10.00 8.00 2.00 Pt. SWi pt 1 24R 1023 9 .9 J. 5-31701 * & J. Graham 15.00 12.00 3.00 SWi ex pts 10 96.58 E. 5-318 & V. Emery 775.00 620.00 155.00 SE pt SWi 10 2.5 R. 5-319 * C. Corporation 20.00 16.00 4.00 Pt. SW cor Ei 10 2 D. 5-320 Sy 1 va i n 15.00 12.00 3.00 Si Ei ex Church Land 10 45.5 L. 5-321 & C. Roelans 365.00 292.00 73.00 SWi SWi II 50 A. 5-322 Bourgeois 400.00 320.00 80.00 SW 264' NE 3/4 SEi II 7.5 M. 5-323 & S. Gagner 60.00 48.00 12.00 SEi NE 3/4 ex II 69 0. 5-324 & E. Cartior 550.00 440.00 110.00 '^V.'i SWi SEi 12 25 H. 5-325 Maletto 175.00 140.00 35.00 NEi SWi SEi 12 25 J. 5-326 & B. L'Ecuyer 175.00 140.00 35.00 RP 518 Lot 2 i 5-32"' » Ste! ICi Oelanghe 5.00 4.00 1.00 3 1/6 C. 5-328 * & H. Cheval ier 5.00 4.00 1.00 1 II R. 5-330 & R. Trahan 65.00 52.00 13.00 56 Lot or P-;-.Lot Acres Af forced ■\ Wr.i SE+ ex pt. 14 15 N£j NWi 14 i5 OWi SW} SE{ 15 20 r.Ei SWi SEi 15 25 NEi SEi 15 50 NV'i 1 5 iOO SWi- MWi 16 50 NEi MV^A i 6 50 NEi NlVi 27 10 NWi & SEi NWi 5 75 NWA KEi NWi -* 25 NWi- SEi NWi 5 25 SEi SWi NWi 5 25 N£i NWi ex pt. 7 49 Cwr.or o- /'•j.-03sa'i Total Est. Net .^'/.-I Assessment Leq.Grt. Assessment V-x. pt NW Boyle Dr-ijln 7 | SWi ?Wi NWi e 25 i^Ei SWi NWi 8 25 I'Ei MWi NW Boyle. 0-n I n R 52 5V; pt SWi NWi NV; OjyJG D--. 9 27 NE pt NF;i NWi n;; Ooylo Dr. 9 27 h£ p;- SWi NWi & sv; pt NEi NWi NW Boyie Dr. 9 33 JCi NWi 10 50 NWi NE 3/4 ex ■'t I I 73 NE 124' SW 1497' NWi NE 3/4 II \r; M'l ex pt 12 99.65 Pt I 24 R646 12 i/3 & B. Couture 90.00 r^. ■". I.. Myers 90.00 d-:do 0. (i 3. Couture 120.00 Orv i i io Lucler 150.00 5-i52 E. c F. C,3ron 300.00 5-384 E. & P. Caron 700.00 7-02 ; Bisl.op Farms Ltd. 350.00 7-022 Bisnco Farms Ltd. 350.00 7-023 I . 6. M. Capiau 60.00 5-361 f-i. Lozon 600.00 5-362 Mannon Loi;on 200.00 5-36i Henry Gr if fore 200.00 5-364 Honr/ G:- if fore 200.00 5-365 Alvin Griffore 395.00 ri-366 * D. & B. Lo^on 10.00 5-5-37 K. & S. Vcung 200.00 3-353 Terre-du-Lac Farms 200.00 5-369 Tor;-o-Jj-Lac Farms 415.00 5-370 L. 3, v.. Poissant 5-37! W. I B. Benoit 5-372 W. Be-iOit 5-373 0. Emory 5-374 0.& E. Cartior 5-375 E. & D. Doul lay 5-375 0. & E. Carfier 5-37601 « S. Stef Ina ot al 215.00 215.00 425.00 400.00 600.00 10.00 700.00 10.00 72.00 72.00 96.00 120.00 240.00 560.00 280.00 280.00 48.00 160.00 160.00 316.00 8.00 160.00 160.00 332.00 172.00 172.00 340.00 320.00 480.00 8.00 560.00 8.00 18.00 18.00 24.00 30.00 60.00 140.00 70.00 70.00 12.00 480.00 120.00 160.00 40.00 40.00 40.00 79.00 2.00 40.00 40.00 83.00 43.00 43.00 85.00 80.00 120.00 2.00 140.00 2.00 57 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Log. Grt. Assessment 0 Lts. 2, 3, 4, & pt. 6 5, 200 5-391 Big Pointo Club 1,600.00 SWi SEi 6 50 5-392 R.& J. L'Ecuyor & DVA 400.00 NEi SEi 6 50 5-393 Ovi la Lozon 400.00 Wi ex pt N. Boyle Dr. 7 99 5-394 Alvln Griffore 790.00 S pt Si 7 37.5 5-395 Dale Emery 300.00 SEi 8 ino 5-396 Odi las Emery 800.00 SWi SEi 9 50 5-397 L. & V. Poissant 400.00 SWi NEi SEi 9 23.33 5-398 WI If rod Bonoit 185.00 NEi NEi SEi 9 25 5-399 Terro-dU'Lac Farms 200.00 SWi SEi 10 50 5-400 Orvi 1 lo Cartier 400.00 SWi NEi SEi 10 25 5-401 Thoode Emory Est. 200.00 NEi NEi SEi 10 25 5-402 0. Cartier Est. 200.00 SWi SEi II 50 5-403 Dorsey Labadio 400.00 SWi NEi SEi 1 1 25 5-404 W. Cartier 200.00 NEi NEi SEi 1 1 25 5-405 Ado lard Brown Est. 200.00 SWi SWi SEi 12 25 5-406 NE 3/4 SEi ex pt 12 40 Adelard Brown Est. 200.00 5-407 V. & B. Lotourncau 300.00 1,280.00 320.00 320.00 80.00 320.00 80.00 632.00 158.00 240.00 60.00 640.00 160.00 320.00 80.00 148.00 37.00 160.00 40.00 320.00 80.00 160.00 40.00 160.00 40.00 320.00 80.00 160.00 40.00 160.00 40.00 160.00 40.00 240.00 60.00 NE cor NWi N Boyle Dr. 7 1 5-414 Big Pointe Club 10.00 8.00 2.00 NW pt NEi NWi 7 7.677 5-415 0. & L. Tetrault 60.00 48.00 12.00 Pt. NI2i Ac Ei 7 3 5-416 D. Hobert 25.00 20.00 5.00 N 59i Ac ex N Ac Ei I2i 7 47 5-417 Leo Lauzon 375.00 300.00 75.00 SWi NWi ex Rd 8 48 5-418 Henry Myers Est. 380.00 304.00 76.00 NEi NWi 8 49 5-419 Hector Myers 390.00 312.00 78.00 SWi SWi NWi & NEi SWi NWi NWi 9 30.5 5-420 Hector Myers 245.00 196.00 49.00 Pt. on Wi Wi Ni 9 1/3 5-421 * L. & A. Myers 10.00 8.00 2.00 SWi NEi NWi & NEi SWi NWi SEi 9 37.5 5-422 M. L'Ecuyor 300.00 240.00 60.00 NEi NEi NWi 9 26 5-423 Jacob Cartier 210.00 168.00 42.00 58 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leg. Grt. Assessment 10 SWi SWi NWi 10 25 5-424 Jacob Cartier 200.00 NE 3/4 NWi 10 75 R. 5-425 A. Cartier 600.00 SWi NWi 1 1 50 R. 5-426 A. Cartier 400.00 NEi NWi 1 1 50 5-427 Anna Brown 400.00 NWi SWi NWi 12 25 D. 5-428 Brown Est. 175.00 NWi NEi NWi 12 25 V. 5-429 & 1 . Domors 175.00 SEi NWi 12 30 A. 5-430 Brown Est. 200.00 NW pt SEi 13 20 S. 8-001 V. Letourneau 150.00 SWi SEi 14 20 H. 8-005 A. Myers Est. 150.00 NEi SEi 14 40 B. 8-006 Emery 275.00 SEi 15 100 J. 8-007 Caron 700.00 NWi 13 100 L. 8-000 Letourneau 700.00 SWi NWi 14 50 V. 8-009 & 1 . Demers 350.00 NEi NWi 14 50 8-010 Bishop Farms Ltd. 350.00 NWi ex pt. 15 90 A. 8-011 & R. Couture 600.00 SWi SWi NWi 16 10 7-058 Arsond Couture 50.00 SWi SEi ex pt . 16 49.66 A. 7-037 & D. Emory 340.00 NEi SEi 16 25 R. 7-038 & L. Myors 175.00 SW 122.5' NW SWi SEi 122.5' 16 1/3 R. 7-036 » & L. Ouol lette 10.00 1 1 SEi 6 & 7 1 10 Bi 8-016 g Pointe Club 880.00 SWi SEi 8 50 D. 8--0I7 & Y. O'Noi 1 400.00 NEi SEi 8 50 N. 8-018 L'Ecuyor 400.00 SWi SEi 9 50 N. 8-019 L'Ecuyer 400.00 NEi SEi 9 50 R. 8-020 & N. Cartier 400.00 SEi 10 100 R. 8-021 & H. Cartier 800.00 SW 3/4 SEi II 75 L. 8-022 & R. l>3mors 600.00 NEi SEi II 25 C. 8-023 Brown 2T-).00 160.00 40.00 480.00 120.00 320.00 80.00 320. vOO 80.00 140.00 35.00 140.00 35.00 160.00 40.00 120.00 30.00 120.00 30.00 220.00 55.00 560.00 140.00 560.00 140.00 280.00 70.00 280.00 70.00 480.00 120.00 40.00 10.00 272.00 68.00 140.00 35.00 8.00 2.00 704.00 176.00 320.00 80.00 320.00 80.00 320.00 80.00 320.00 80.00 640.00 160.00 480.00 120.00 160.00 40.00 59 Con . Lot or Pt .Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Loq. Grt. Net Assessment II SWi SEi 12 50 8-024 Clemence Brown 400.00 320,00 80.00 NEi SEi ox pt. 12 49.655 8-025 D. Brown Est. 390.00 312,00 78.00 NW 150 00' SE 253.29' NE of NEi SEi 12 1/3 8-02501 * C. & M. Brown 10.00 8.00 2.00 SEi 13 100 8-026 Henry Couture 700.00 560.09 140.00 SEi 14 50 8-027 P. Pinsonneault 350.00 280.00 70.00 SEi 15 10 8-028 S. McDonald & V. Lusk 50.00 40.00 10.00 RP 409 Lot 1 Ni pt Lot Lot 2 SW 4 .5 8-029 * Donald Rakus 250.00 200.00 50,00 7 .93 8-030 * Ben Jacobs 25.00 20,00 5.00 All 5 & 6 .67 8-031 * Donald Rakus 190.00 152.00 38.00 NE pt 4 .1 1 8-032 * Donald Rakus 100.00 80.00 20.00 NE pt 3 .1 1 8-034 * Jacob Bourdeau 100.00 80.09 20.00 Pt .2,1, &4 1.0 8-035 » S. & P. Vincent 300.00 240.00 60.00 Al 1 21, 22, 23 & 24 1.33 8-038 * Sam Dinsmore 200.00 160.00 40.00 II Pt ex lot s 8 93.847 8-039 Bay Lodge Inc. 800.00 640.00 160.00 RP 409 All 8 & 9 .55 8-051 * Donald Rakus 126.00 100.89 25.20 10 .22 8-052 » R. Nowak 50.00 40.00 10.00 II .22 8-053 » L. Prof Ota 50.00 40,00 10.90 SWi 12 .11 8-054 * L. Prof Ota 25.00 20.00 5.00 NEi Lt 12 & SWJ Lt 13 .16 8-055 * A. & P. Prof Ota 40.00 32.00 8.00 NE 3/4 13 . 16 8-056 « Bonnie Lozon 40.00 32.00 8.00 14 .22 8-057 * T. & S. Paczency 50.00 40.00 10.00 SWi 15 .11 8-058 * D. & R. Bechard 25.90 20.00 5.00 NEi 15 .1 1 8-059 » Y. & G. Laliberte 25.00 20.00 5.00 16 .22 8-060 * H. & V. Mai 1 loux 50.00 40,00 10.00 17 .22 8-061 » W. & M. McGavin 50.00 40,00 10.00 SWi 18 .4 8-062 » A. Irwin 25.00 20.00 5.00 NEi 18 .1 1 8-063 * A . 1 rw i n 25.00 20.00 5.00 60 Con. Lot or Pt.Lot Acres Owner or Assessed Total Est. Not Affected Owner Assessment Leg. Grt. Assessment RP 19 & 20 .44 8-064 » 409 R. VandermergiG 100.00 00.00 20.00 II Pt S of RP 409 8 1.32 0-065 * D. Rakus 300.00 240.00 60.00 NE cor NEi 8 1.00 8-076 * Lawrence Lozon 100.00 80.00 20.00 NWi 9 & 10 200 0-077 * H, R, & K. Rex 1,600.00 1,200.00 320.00 NWi II 100 8-078 L. & D. Griffore 800.00 640.00 160.00 NWi NWi 12 50 0-079 Alvin Griffore 400.00 320.00 80.00 SEi NWi 12 50 8-080 Alvin Gri fforo 400.00 320.00 80.00 NWi 13 100 0-081 J. & R. Demers 700.00 560.00 140.00 NWi ex pt 14 65 8-082 Chatelaine Farms 450.00 360.00 90.00 I Pt SEi SEi II .5 8-092 * A. & C. Emery 10.00 8.00 2.00 SEi SEi ex pt. M & 12 96.709 8-093 C. & G. Griffore 760.00 608.00 152.00 NW 100' of NE 146' 8-094 « SEi SEi 12 1/3 D. & S. Carrol 1 10.00 8.00 2.00 NWi SEi ex pt. II & 12 99 8-095 A. & Y. Griffore 790.00 632.00 158.00 Pt. 1 RD 262 12 1 8-096 R. & B. Jacques 10.00 8.00 2.00 SWi SEi 13 49 8-097 George Lozon 390.00 312.00 78.00 NEi SEi 13 50 8-098 Harold Burke 400.00 320.00 80.00 Ct pt SE pt SE 8-099 Rankin Crook 14 15 H. Quel lotte 90.00 72.00 10.00 SW pt SE pt SE 8-102 Rankin Creek 15 41 A. & J. Aerts 275.00 220.00 55.00 Pt NWi 10 .69 8-219 * J. M. ftoffat Ent. 125.00 100.00 25.00 All ex Its. & W 8-218 16 Ac. 10 148.39 L. Pinsonneault 1 ,200.00 960.00 240.00 NW part 1 1 12.43 0-286 * Dover Township 200.00 160.00 40.00 SW 145' NE 1302. 13 0-207 * SE 300' II 1.00 M. & G. Dobie 20.00 16.00 4.00 SW 50' NE 1157.13 8-208 » SE 148' II 1/5 M. & G. Dobie 5.00 4.00 1.00 SW 50' NE 1107.13 0-289 » SE 148' II 1/5 M. & G. Debio 5.00 4.00 1.00 SW 100' NE 1057. 13' 8-290 » SE 148' II 2/5 D. Baumgardoner 10.00 8.00 2.00 SW 48' NE 957.13' 8-291 * SE 148' II 1/5 C. & M. Sautcr 5.00 4.00 1.00 SW 52' NE 909.13' 8-292 * SE 148' II 1/5 R. Bochard 5.00 4.00 1.00 61 Cor Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 12 SW 150' NE 857.13' SEI48' II 3/5 B 8-293 * Hubbard 15.00 12.00 3.00 SW 100' NE707. 13' SE 148' II 2/5 R. 8-294 * 8. J. Wigchort 10.00 8.00 2,00 SW 100' NE 607. 13' SE 148' 1 1 2/5 J. 8-295 * & A. Carbonneau 10.00 8.00 2,00 SW 250' NE 507.13' SE 148' II 1 W. 8-296 * & T. Olsen 25.00 20.00 5,00 SW 100' NE 257. 13' SE 148' II 2/5 R. 8-297 Boychuk 10.00 8.00 2,00 SW 66' NE 157.13' SE 148' II .22 8-298 Dover Township 10.00 8.00 2.00 NWi ex Park 1 1 82.44 L. 8-299 Pinsonneault 660.00 528.00 132.00 NE 91 . 13 pts of NW pt II ex RP 4 1 9 II .31 M. 8-300 * & J. Carrol 1 10.00 8,00 2.00 RP 419 SW 297' 1 1.35 E. 8-301 * Dun lop Estate 30.00 24.00 6.00 NE pt 1 & SW 1 & H pt 4 .41 Hu 8-302 * gh Turner 10.00 8.00 2.00 Ct pt, H .45 J. 8-303 » & B. Potts 10.00 8,00 2.00 NE pt. H i M. 8-304 » Urquhart 10.00 8.00 2.00 12 NE cor NWi NWi 12 .95 F. 8-305 » Hoi logards 10.00 8.00 2.00 NWi NWi ex pt. 12 48 L. 8-506 Pinsonneault 385.00 308.00 77.00 SEi NWi 12 50 E. 8-307 Dun lop Estate 400.00 320.00 80.00 SEi UVti 13 30 8-104 Ross Dun lop 210.00 168.00 42,00 NWi NWi 13 40 0. 8-105 & V. Burke 280.00 224.00 56,00 13 NW pt NE pt SEi II 12.607 HI 8-358 1 1 iard Al Ion 100.00 80,00 20,00 Part 24 R 603 II .06 8-35801 * 10.00 Ministry of Environment 8,00 2,00 RP 419 Lot K ex 24 R 603 K 7.043 Hi 8-359 1 1 iard Al len 60.00 48,00 12,00 Pt. J .71 R. 8-392 * & G. Prozocki 20.00 16,00 4,00 Pt SW 40' NE 193.5 J .20 W. 8-394 * Van Oosten 10.00 8,00 2.00 Pt SW 80' NE 353.5 J .40 E. 8-395 * & A. McFadden 20,00 16,00 4.00 Pt. SW 80' NE 273.5' J .40 R. 8-396 * Boychuk 20.00 16,00 4.00 Pt. SW 80' J .40 H. 8-397 * & E. Brown 20.00 16,00 4.00 RP 235 Al 1 Lots 1 & 50 .80 Wm 8--406 * . Kel ler 20.no 16.00 4.00 All 2 .2 H. 8-407 * & B. Lozon 10.00 8.00 2,00 62 Con. Lot or Pt.Lot Acres Owner or Assessed Total Est, Net Af foctod Owner Assessment Leg. Grt. Assessment RP 235 Al 1 49 .2 Lt 3 & NEi Lot 4 4 .30 Lt 48 & NEi Lot 47 .30 Lts. 5 & 46 SW pts. Lts. & , 4 to 47 .60 6 & 7 .40 Lt 45 & NEi 44 .30 8 1/5 Lt. 43 & SW pt 44 .30 Lts. 9, 10, 41 & 42 4/5 Lts. I I & 40 .4 Lts. 12, 13, 38 &39 .8 Lts. 14 to 37 .4 Lts. 15, 16, 35 & 36 .8 Lts. 18 & 33 .44 Lts. 17 & 34 .4 Lts. 19, 20, 21, 30, 31, & 32 1.20 Lot 28 .25 Lot 29 .20 Lots 22 & 23 .4 Lot 24 .2 Lot 27 .2 Lots 25 & 26 .4 RP SE 1/3 M .09 419 NW 2/3 M .18 Lot G .35 NW pt G .10 SW 66' F .32 8-408 * J. & G. Thompson 8-409 * 10.00 M. Templeton 8-410 « 15.00 T. McDonald 8-4 II « 15.00 B. Tewkesbury 8-412 * 15.00 N. Mi los 8-413 * 15.00 E. & C. Brown 8-414 » 15.00 W. & N. Knight 8-415 * 10.00 R. & L. King 8-416 * 15.00 L. Dun lop 8-417 * 20.00 W. & B. Hembree 8-418 * 15.00 c. & C. Burden 8-419 » 20.00 p. & N. MacDonald 8-420 » 15.00 c. W i nto r 8-421 * 20.00 J. & 0. Crawford 8-422 * 15.00 E. & M. Simpson 15.00 8-423 * 25.00 Ri chard Walker in Tru 8-424 * ist E. Beausojour 8-425 » 10.00 Mi tchel Is Bay Inn 8-426 * 10.00 R. Bunnett 8-427 » 15.00 L. & E. Beausejour 8-428 * 10.00 L. & E. Beausejour 8-429 « 10.00 R. Bunnett in Trust 8-430 « 15.00 R. Bunnett in Trust 10.00 0-431 * R. Bunnett in Trust 10.00 8-432 » AngI ican Church 15.00 8--4320I * Dover Township 10.00 8-433 Shirley McDonald 15.00 8.00 2.00 12.00 3.00 12.00 3.00 12.00 3.00 12.00 3.00 12.00 3.00 8.00 2.00 12.00 3.00 16.00 4.00 12.00 3.00 16.00 4.00 12.00 3.00 16.00 4.00 12.00 3.00 12.00 3.00 20.00 5.00 8.00 2.00 8.00 2.00 12.00 3.00 8.00 2.00 8.00 2.00 12.00 3.00 8.00 2.00 8.00 2.00 12.00 3.00 8.00 2.00 12.00 3.00 63 Cor 1. Lot or Pt .Lot Acres Affected GVN iner or Assessed Owner Total Assessment Est. Loq. Grt. Net Assessment RP Ct Pt. 419 F .37 D. 8-434 » & B. Lachance 15.00 12.00 3.00 NE pt F .40 Me 8-435 » irio Broadbent 15.00 12,00 3,00 NE pt D .42 A. 0-436 * & N. Jarczak 15.00 12.00 3.00 13 Lots C, B, & A .60 A. 8-437 » & R. Lozon 20.00 16.00 4.00 Pt NE RP 419 12 .90 A. 8-430 * & R. Lozon 25.00 20.00 5.00 13 SEi ex pts 12 93.574 0-439 H. & L. Allen 745,00 596.00 149.00 SE pt SEi 12 3 E. 8-440 » Roberts 40.00 32.00 8.00 SE pt SEi 12 .35 L. 0-441 » & T. Rankin 15.00 12.00 3,00 SWi SEi 13 25 M. 8-1 16 & C. Burke 175.00 140.00 35.00 NWi ex pt. 12 96.5 D. 8-123 Nomoandin 775.00 620.00 155.00 SWi NWi 13 49.81 G. 8-131 De Meyer 390.00 312.00 78,00 SWi NWi 14 10 8-133 Walter MM Is 70.00 56.00 14,00 14 All ox 1 & lots Crook 13 193 8-167 Rankin Creek Farms 1,540.00 1,232.00 308,00 SW 1/3 ; ex pt. SWi 14 28.2 8-191 Raymond Loyst 225.00 180.00 45.00 NE 104' SWi SW 1/3 14 5 M. 8-192 Van Houten 40.00 32.00 8,00 NE 2/3 SWi 14 66.48 No 8-193 rm L'Ecuyer 530.00 424.00 106.00 NEi 14 99.719 8-194 Walter Mi lis 000.00 640.00 160,00 SEi 15 45 N. 8-195 & M, Dewar 315,00 252.00 63.00 NWi 15 98 B. 8-196 Lewis 705.00 628,00 157.00 NEi SWi NEi SEi SEi & 16 40 W. 9-070 Lewis 200.00 224,00 56,00 SEi 17 50 L. 9-071 Lewis Estate 350.00 200.00 70,00 SWi SEi Pt. NEi & SW SEi 18 10 A. 9-072 & M. Crawford 70.00 56,00 14,00 SWi NWi 16 40 J. 9-094 McGrai 1 280.00 224.00 56,00 NEi NWi 16 50 W. 9-095 & J . McGra i 1 350.00 280.00 70.00 SWi NWi GX pt 17 49.075 W. 9--096 & J . McGra i 1 350.00 200.00 70.00 Pt 1 24 R 017 17 .93 F. 9-09601 * & D. Dobruyne 10.00 0.00 2,00 NEi NWi 17 50 Mai 9-097 Icolm Crawford 350.00 200.00 70,00 64 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Owner Assessment Est. Leg. Grt. Net Assessment 14 NWi NW pt NWi NW McLeod Ck. ex SE pt 19 Ct pt SE pt NWi SE Bear Creek 19 NW pt SE pt NWi SE Bear Creek 19 NE pt NWi NE Little 90 50 2.303 Bear Creek 20' 10 BOW 36 70 BDE 36 75 14 NWi NWi ex Rd. 24 20 SEi NWi 24 20 15 SEi 15 100 SWi 16 100 NEi ex NW pt 16 85 NW pt NEi 16 15 SW pt ox NW pt 17 03 NW pt SWi 17 17 NEi 17 100 SWi 18 100 NEi Lot 18 10 &I9 500 NW 216' NE 130' SEi S River Ck 20 .4 NE pt ex pts NE Lt. Bear Ck. 20 100 NW pt NW pt NE pt NE L. Boar Ck. 20 16.5 Pt. NW pt NE pt NE L Bear Ck. 20 16.5 SE pt NW pt NE pt L. Bear Creek 20 3 BOW All 37 100 SEi ex pt 30 45 NE pt SEi 38 5 NWi 30 50 9-098 Malcolm Crawford 9-100 Malcolm Crawford 9-101 Malcolm Crawford 9-102 J. & V. Crowe 9-10001 C. f. M. Crow 9-109 D. & K. Rose 9-110 John Gordon 9-1 II E. Hensol 9-112 R. Hunter 9-122 0. Vcrhaege 9-123 0. Verhaege 9-124 J. Griffore Est. 9-125 J. Davidson 9-126 D. Griffore 9-127 J. Davidson 9- 128 E. Griffore 9-129 D. Dun I op 9-130 M. Crawford 9-131 * J. & J. Martin 9-132 Carl Roc Est. 9- I 34 01 Ivor Boswel I 9-133 C. Handsor & W. Neodham 25.00 630.00 300.00 15.00 55.00 70.00 490.00 530.00 137,50 137.50 800.00 800.00 680.00 120.00 665.00 135.00 800.00 800.00 2,400.00 10.00 800.00 130.00 130.00 9-135 K. D. Rose 9-141 A, H, M Rose 9-142 A, H, B, Rose 9-143 B. & R. Rose 9-144 K. & D. Rose 700.00 315.00 35.00 350.00 504.00 240.00 12.00 44,00 56.00 392.00 424.00 110.00 110.00 640.00 640.00 544.00 96.00 532.00 100.00 640.00 640.00 1,920.00 8.00 640.00 104.00 104.00 20,00 560,00 252,00 28.00 200.00 126.00 60.00 3.00 I 1.00 14.00 90.00 106.00 27.50 27.50 160.00 160.00 136.00 24.00 133.00 27.00 160.00 160.00 480.00 2.00 160.00 26.00 26.00 5.00 140.00 63.00 7.00 70.00 65 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leg. Grt. Assessment BDE NW pt 38 7.79 L. 9-145 & G. Handsor 55.00 44.00 II .00 NW 165' SW : NW pt 528' 30 2 9-146 Vol ma Rose 15.00 12.00 3.00 SE pt 38 90 K. 9-147 & D. Rose 625.00 500.00 125.00 37 100 9-148 Donald Gordon 700.00 560.00 140.00 15 SEi 24 25 J. 9-149 & M. McGrail 175.00 140.00 35.00 SW pt ex SE pt SW L Bear Creek 20 54 M. 9-150 Crawford 430.00 344.00 86.00 SE pt SW pt SW L Bear Creek 20 5 D. 9-15001 G.R. Crawford 40.00 32.00 8.00 BDW NWi 39 50 01 9-151 1 ver Boswel 1 400.00 320.00 80.00 SEi 39 50 C. 9-152 400.00 Handsor & W. Noedham 320.00 80.00 BDE SE pt 39 20.318 L. 9-153 & G. Handsor 140.00 1 12.00 28.00 NW pt 39 81 F. 9-154 & M. Van Boven 565.00 452.00 113.00 15 SW pt NWi SW Maxwel 1 Cr. 24 9 F. 9-155 Van Boven 65.00 52.00 13.00 mi ex pt 24 40 R. 9-156 & L. Van Damme 250.00 200.00 50.00 16 Pts. Lt. 16 & 17 34.5 J. 9-162 Davidson 275.00 220.00 55.00 NE pt 17 25 L. 9-164 & M. Dun lop 200.00 1 60 . 00 40.00 SWi SW pt NEi 16 18 2! 1.5 9-165 Lawrence Dun lop 9-166 Malcolm Crawford 168.00 15.00 134.40 12.00 33.60 3.00 BDW Al 1 ox NW pt NEi 40 82.5 G. 9-179 & M. VandoVoldo 660.00 528.00 132.00 NW pt NEi 40 17.5 9- 1 80 National Bank of Dot 140.00 roit 112.00 28.00 BDE Pt. 41 1.8 No 9-185 » rr is Do 1 sen 15.00 12.00 3.00 Pt. 41 2.076 R. 9-186 * Havi land 20.00 16.00 4.00 All 40 30 D, 9-187 M, J; Gordon 210.00 160.00 42.00 17 NW pt 19 46 G. 9-223 & E. Courtoaux 370.00 296.00 74.00 18 Lot 19 & SW pt 1 55 G. lO-OTI & E. Courtoaux 440.00 352.00 88.00 NE pt 1 , SW ex pts. pt 2 90 G. 1 0-002 & E. Courtoaux 720.00 576.00 144.00 Pt. Lts. 1 & 2 .55 R. 10-00201 * & D. Courtoaux IC.OO 8.00 2.00 NE pt Lot 2 Pt. Lot 3 & SW 104 10-004 Dover Farms Ltd. 1 ,470.00 1,176.00 294.00 66 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Tota 1 Asscssmen Est. Net t Leq. Grt. Assessment 18 NE pt 3 71 E. 10-005 & B. Rabidoau 570.00 456.00 1 14.00 All 4 174 Li 10-006 * bby McNei 1 & Li 1 bby ,400.00 1,120.00 280.00 SW pt NW pt SWi NW Given Rd. & SW Rabidoau Dr. ex.pt. 5 5.75 B. 10-008 Snobelen et al 45.00 36.00 9.00 Pt. NE 88' SW 769' : SW pt NW pt SWi NW Given Rd. 5 SEIOO' of .25 G. 10-009 & H. Franssen 10.00 8.00 2.00 SWi ex SW pts NW pt Given Rd. ex pts SE Rd. 5 NW 91.75 G. 10-010 Rabideau Est. 735.00 588.00 147,00 SW 132' NE 1232' NW SE Given Road 5 180' .55 D. 10-01 1 » Rabidoau 10.00 0.00 2.00 SW 70' NE 1 100' NW SE Given Rd. 5 180' .30 D. 10-012 « Rabideau 10.00 0.00 2.00 SW 61' NE 1030' NW SE Given Rd. 5 180' .27 A. 10-013 * & D. Rabideau 10.00 0.00 2.00 SW 66' NE 964' NW 100' SE Given Rd. 5 .27 An 10-014 * nie Rabidoau 10.00 8.00 2.00 NEi ex pts. 5 96 1 0-0 1 5 Geo. Rabideau Est 770.00 616.00 154.00 SW 154' NE 484' NEi 5 6 G. 10-016 » Frye Holdings 50.00 40.00 10.00 NW 330' NE 269' NEi 5 2 D. 10-017 * Carrol 1 20.00 16.00 4.00 Township Roads 7-045 * Township of Dover 34, ,967.00 27,973.60 6 ,993.40 County Roads Co C-226 » unty of Kont 7, ,530.00 6.030.40 1 ,507.60 . ?66, ,000.00 212.800.00 53 .200.00 LANDS: Publicly Owned iii) Municipal 33,875.00 Privatelv Owned i) Not for Agricultural Pi irposes 16,399.00 ii) Agrlculturs il 215,726.00 Estimated Provincial Grant $212,800.00 67 4th. For paying the sum of $6,775.30, tho amount assessed against such roads and lands of the municipal ity, a special rate, sufficient to produce the required yearly amount therefor, shall, over and above all other rates, be levied and collected (in the same manner and at the same time as other taxes are levied and collected) upon and from the whole rateable property in tho Township of Dover in one year after the passing of this by-law. 5th. This by-law comes into force on the passing thereof, and may bo cited as the "1973 Emergency Repair of Various Banks Protecting Low Lying Areas By-law of 1976." First Reading August 3. 1976. Second Reading August 3. 1976. Third Reading ENACTED this ^day of , I9_ R. W. Gagner, Clerk-Treasurer James McGrail, Reeve. NOTICE NOTICE is hereby given that the Court of Revision will hold its first sitting at 515 Grand Avenue West, Chatham, on the 20th day of September 1976, at 7:00 o'clock in the evening, for the hearing and trial of complaints and appeals made against the above assessment or any part thereof, in the manner provided for by the Drainage Act, 1962 - 63, a notice of such complaint or appeal to bo served on tho Clerk of the said Municipality at least ten days before the first sitting of tho said Court of Revision. AND further notice is hereby given that anyone intending to appeal to have tho said By-law or any part thereof quashed, must, not later than ton days after tho final passing thereof, servo a notice in writing upon the Reeve or other head officer, and upon the Clerk of the said Municipality, of his intention to make application for that purpose to the Drainage Referee, during the six weeks ensuing tho final passing of this By-law. Dated this 30th day of August, 1976. R. W. Gsgner, Clerk-Treasurer. bo S » o O O > 'Z o < t\> ►-., s 3 cr a> 1-1 C/5 to Oi ^ S» vO S>^ ^ H t3 o ^ > 3 n <-t- ^ •-1 CD ^' W ^3 o ft) l-S o o < 5* a> r»- <-i IJ- n> BILL Pr2 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of Dover Mr. McGuigan TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr2 1977 An Act respecting the Township of Dover WHEREAS The Corporation of the Township of Dover, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matter hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Notwithstanding The Drainage Act, being chapter 1^6 By-j^^w^jj^^ of the Revised Statutes of Ontario, 1970, and The Drainage emergency Act, 1975, By-law No. 76-48 of the Corporation, set forth in repairs Schedule A hereto, passed by the council of the Corporation ^^g^g * ^g on the 27th day of September, 1976, authorizing emergency repairs done by the Corporation to embankments along the River Thames, McFarlane Relief Drain, Rivard Drain, Toulouse Drain, Myers Drain, Hebert Drain, Boyle Drain, Gowrie Drain, Hind Rehef Drain, Hind Outlet Drain, Richmond Cut, Raymond Drain, Fryer Drain and Branch, River Chenal Ecarte, Easterly side of Lake St. Clair, and Southerly side of River Sydenham, in the Township of Dover, in the County of Kent and for levying in one year the sum of $53,200 the portion of the cost of the drainage work to be contributed by the Corporation, is hereby declared to be valid, in full force and effect and binding upon the Corporation and its respective ratepayers in accordance with the provisions thereof. 2. This Act comes into force on the day it receives Royal ^°^™®"*^^' Assent. 3. The short title of this Act is The Township of Dover Act, short title 1977. Schedule A BY-LAW HO. 76-48 A BY-LAW +0 PROVIDE for the Emergency Repairs to Embankments along the River Thames, McFarlane Relief Drain, Rivard Drain, Toulouse Drain, Myers Drain, Hebert Drains Eloyle Drain, Gowrie Drain, Hind Relief Drain, Hind Outlet Drain, Richmond Cut, Raymond Drain, Fryer Drain and Branch, River Chenal Ecarte, Easterly side of Laling V7orks, Front Concession Mechanical Works, Justin Griff ore Pumping V.'orks, Letoumeau Pumping Vforks, N^ers Pujiping V/orks, the 9th Concession Puiaping Works, Raymond Punping Works, the Rose Pumping Vforks, the Stephenson Pumping Works , the Toriy Pumping Works, the To^olouse Puiqping V/orks, the 12th Concession Punping Works and the ¥erhaege Punning Works) situated along the westerly side of the Township between the River Thames and the River Sydenham. Due to high water levels in Lake St. Clair that has been occuring since 1973 it was necessary to carry out emergency repairs and improvements to these bemks to protect said pumping schemes. In roany instances where low lying lands were threatened, it was necessary to raise eiabankments emd strengthen sosds on a temporary basis to prevent vri-desproad flooding. The work carried out and expenditures in connection thrrewith may be sinmiarized as follows: 1 . McFarlane P>eliGf Drain Embankment Raising the existing embankment, on the northeasterly and northvrastorly sides of the draim from a poj.nt approximately 1000 feet northwest of the puir^i.i.ng p.lant of the Stephenson Purq^ing Works, to r. point near Lho ].ine between Lots 2 .uid 3, along the northerly 5 cido of the drain from a poiiit approxiii'at ely ,300 foot southo;\st of the 5th Concession Itoad to the /+th Concesaion Itoad, from the /^th Concession Head to the Jacob Road cjid on the souther3.y side of the drain from a point approxiinately 1500 feet v/est of the 4th Concession Koad to the Jacob Road, providing rip rap protection along the southerly embankment from the northv;esterly side of the 4th Concession Road westerly for a length of 150 lineal feetj raising low areas and constructing a new erabanknaont on the northerly side of the Drain from the Jacob Road to a point 400 feet easterly of the Crovr Road and along the southerly side of the drain from the easterly limit of the Jacob itoad to the vresterly side of the Crow Road including installation of flood gates on all, pipes entering the drain througli the cn'-ur^-ci-ients end renewing a pipe and gate on the northerly e!nban.V.mont on Lot 5, Front Concession were coi:9jleted, $ 31,014.99 2 e Rivard Drain Enbgnk^.ont ?-r.rl Norther'ly Extension (Rivard - Toulouse ) The emban'OT.ent on the southerly and southwesterly side of the Rivard Drain was elevated and rebuilt from the 5th Concession Road to the 7th Concession ?;:ad and from the southwesterly side of the Jacob Road to the Townline of cast arid v^nt Dover. A new embankment to be known as the Rivard - Toi'lov-'x Sr-.bani'jji-.nt was constructed along the northerly side of the Rivurd D^T.in fro;- r. point 900' west of the said Townline Road esid alorg tli3 er":.>/C.rly side of La.ke St. Clair to the existing dyke at the llnd.t bet^.-^en "I-c nci-th.-nsterly and southeasterly halves of Lot 1, Concession 8 e. length of 'j(£iO lineal feet. Due to subsequent storms on Lake St. Glair it was necessary to reconstruct and repair the latter embar'ansnt, -./luch additional cost is included herein. 64,906, IS 3 • Toulouse DraJJi pnd li:m^-3-'-!.''cr' nt pnd Pu'noing; VJorks The concrete dr,:i at th-3 puv.ping plant of the Toulouse Punning Works was temporarily elevated and the onbeinkments along the northerly side of the Toulouse Drain a'-^d the er.sterly side of Lake St. Clair from said puiirpiiig plant to a point appvoxir-atcly 700 lineal feet south of the 9th Concession Road and a.lonf^ tli.; lin-; bstveen tha northwesterly and southeasterly 6 lialves of Lots 1 and 2, Concession 8 east of the purapxng plant v;ere elevated and reconstructed 12,733.53 4. Gowrie Drain Embankments The eiabanjononts vera reconstructed end elevated along the northwesterly side of the Gowrie Drain from the northeasterly side of the Jacob Road to the centre of Lot 7 and along the southeast side of the Gov/rie Drain from the northeasterly side of the Jacob Fioad to a point near the centre line of Lot 10. 11,600.49 5. Myers Drain Embankment The embankment along the southeasterly side of the drain southwest of the pumping plant of the 9th Concession Pumping Works was rebuilt and elevated 4,591.58 6. Lakefront or Big Pointe Pvunping Works No. 2 Embankment The embankment was elevated and reconstincted along the easterly side of Lalce St. Clair from the outlet of the hfyers Drain near the northwesterly side of the Jload Allowance between Concessions 9 and 10 extending northerly on Lots 2, 3 and Part of 4 to the embankment on the southeasterly side of the Hebert Drain near the westerly angle of Lot 4} Concession 9. 13}43l.75 7. Letovurneau Pumpina: Works EmbanluRent The embanlcment near the line betvreen Lots U and 5, Concession 10 from tho Robert Drain northwesterly for a length of approximately 100 lineal feet was rebuilt to protect tho pumping plant that was washed out. 3>013«64- 8. Boyle Drain Embankment The embanlaaent on the northerly side of the Boyle Drain from a point in Lot 7, Concession 10, I65O feet northvfest of the 10th Concession iload westerly to the site of the purap station (Big Pointe Pvui5)ing Works Duiaber 1) v;as elevated. 2,8wO.C1 9. The Hind itelief . Hind Outlet Drrdn and l2Lh Concnssion Pmipin?. Works Embejikments The work coniprised reconsti-uctint; and tlovating the embankments on the southeasterly side of the Hind Kelief Drain acrosH Lots 7, 8 and 9 and tlio cmbiuil-.intut ;icar the line between Lots 7 and 8 7 from the Hind Relief Drain to the 10th Concocsion iload^ the ombanlaaent on the northwesterly side of the Ilind Relief Drain across Lot 8 and 100' south west to a point 100' northeast of the Winterline Hoad, along the northeasterly side of the Richmond Cut, along the private cut 100' north of North Street (R. P. 409), along the southwesterly side of Ricluriond Road, alon^i the southeasterly side of the Hind Outlet Drain from the Richmond Hoad to the line between Lots 8 and 9, along the line between Lots 8 and 9 and 10 and 11 from the Hind Outlet Drain to the Hind pLelief Drain including establishing two pumping plants on Lot 8, Concession 10 near the south comer of Lot 24, Registered Plan 409. 48,749.32 10. Raymond Drain and Pumpin.T Works Eiflbankment The cnbanlanent at the easterly end of the open channel outlet of the Raymond Pump (near the southwesterly side of Park Street) and along the northwesterly side of the Raymond Drain from the pumping plant southv/esterly for a length of approximately 170 lineal feet and northwestei'ly for a length of approximately ISO feet to a point near the southeasterly side of tlie 13th Concession iioad was elevated. 2,975.27 1 1 . Fryer Drain and No. 1 Branch Embankments Embankments along the southeasterly side of the drains were elevated and reconstructed across the southwesterly 600' of Lot 14, Lot 15 and the southwest half of Lot l6. Embankments woi-e constructed on the southeasterly side of the drain across the northeasterly half of Lot 17 and along the northeasterly side of the centreline of Lot 17 from the No. 1 Branch of J^'ryer Drain southeasterly for approximately 500 lineal feet including renevral of pipe ajid gate on Lot 14. 8, 850, OS 12. VerhacRO ,and Justin Griffore Pumpina Works Embankments The embankment along the line between Lot 14 and 15 from the Fryej- Drain northwesteiiy to an embanlcraent near the line of the Northwest -g- and Southeast -j Lot 15, Cancescion 15 and northeasterly along said line between halves and norlhv/efitcrly near the line of Lots 15 and l6 to a point near the southeasterly nido of the ChenaJ. Ecarte arid along the southoasterJy side of tiio Chc-nal Ecarte to a point near the centre line of Lot 17 Wcus reconstructed and elevated, 7,323.^-!"' 15. J '?^'^ij-JlJl^}.^/\ .QjiLOlL Jir.yi'?: Tho er:ba:i]::."2ri.t along the northeasterly side of Little D-j.ar Ci'i^ok Drai?i in front c.f t}iG ilosa Pumping Station was elevated from point.'; appro:d.m-itcl7 100' r.outh and 100' north of said puiTip station. 3,0$'o,(ri8 The crabrLrik.^iont on tho southerly side of the Mver Sydenham and River Chen .-J. Ecarta M2S reconstructed and elevated from a point approxiif-itely 'iCOO fr,ot north of the pumping plant of the Fraser Punping '..'orks to the noi-thep-ctcrly lirait of the westerly 100 acres of Lot 3> Concession IB. 12, 534. 47 15. Kabideau Vyi':''2-'-^:i '*^' >i-'-\3. The ''ribai:':.^.?rit alorF; the 'southeasterly side of the River Svdenhaji v/as rccoiistjnictcd from n.pproxiicately 500' east of the puirping plant to the IJJia hjt\,oon Lots 3 and 4^ Concession 18. 16,243. 5t> Tlie eiiibanJcnon 0 in front of the pimping plant neej: the line boov/ecn Lots 12 : ". 13; Dover V.'cst and ir. the northeasterly side of the Decliard Cut which v--,s washed out was rebuilt. 6o5.62 1 7 . Pols^2Q.-Ci^il5c_J'''_3nhan_ij3£l The erj-thcn dykej on the discharge flume of the pumping plant of tho Dolsen Creek Mochrnic.^^l Work were badly eroded and were toiipcrarily repaired, G77.88 1 ^ • Frpn;G _Conce3.sioja I'c.ch-'ir'.cal Wor]:s Erbantor.ent The earthen dykes on the discharge fluir.e of the pijuping plaiit of the Front Concession iiech':Lnical V/orks (on the northerly side of tho ilivcr ThaT.es) vr ro badly eroded and were tei;porai-ily repaired. 936.61 1 ■>' • IVibanijii'rnt alon.g. Z.th Cc r.cession Road. Dover West - Myers -Pumping Works The eirla'-JoKont aicng the road bed of t?io 4th Concession Road of Dovar V/est nas e].CTated fro!.i the McFarlano Relief Drain to the line cotween tho Eas'^ h-J.f and West half of Lot 5. AjU^'Il^I Tho TOTAL j\:'OUiiT of Expsr.ditures to date is ^5 2^1iOo£.^5 TMc funour.t includes the siom of si'9,'500.00 that has been nypyr-cisd for Engi!:er!.ri,^,j;, TJio sura of ;'i'.241 ,669.95 v;as for tlie most part for '••.instruction and e. i:r,jxll :r;ovj-.l for j.no.idfiitals. My estir-ito of t.h". adcii tional ojqioiidituros arc a.n fo].3.ow3: 9 T.p aUovfances for land usod for uhe Drainac;a.y.'Qrk-iua.d-or. Section G of the Drainage Act. For Lots 7-12 Concession 1 W (Bradley Farms Ltd) 1.00 For i'ill ex. pts Lot 5, Concession 1 DW (Bradley Farms Ltd) 1,00 For Part Lot 1, Concession 5 DV/ (St. Lulces Club Corporation) 1.00 For Lot 2 Concession 1 (M. Jubenville) 1.00 For S'a"^- Lot 4, Concession 1 (W. Antaya) 1,00 For Central part SWg- S of HcFarlane Drain Lot 4., Con. 1 {d. Bagnall) 1.00 For NE pt of SVf^ S of McFax-lane Drain Lot A, Con. 1 (f1. Jubenville) 1.00 For SV/ pt KEj S of McFarlano Drain and SW pt S. R. Jtoad Lot 4, Con. 1 (J.H. Crow Est.) 1.00 For NE pt im^ S of McFarlsjie Drain Lot 4, Con. 1 (H. Peltier) 1.00 For NE pt N of McFarlane Eo.licf Drain, y Lot 4, -Ctai.l (L. Jubenville) 1.00 For SW Cor. N. of McFarlane Relief Drain, Lot 5, Con. 1 (L. J\ibenville) 1.00 For S\i^- SE of McFarlano Relief Drain ex pts Lot 5, Con. 1 (M ik J Caron) 1.00 For SV/ pt NEj S McFarlane Relief Drain Lot 5, Con. 1 (W. Crow) 1.00 For KE pt NE^ S McFarlane Relief Drain Lot 5, Con. 1 (R. Peltier) 1,00 For NE pt N McFarlane Relief Drain Lot 5, Con. 1 (L. Jubenville) 1.00 For central part U McFarlane Relief Drain Lot 5, Con. 1 (K. Pelkey) 1.00 For SVJ pt N McFarlane Relief Drain Lot 5, Con. 1 (I. Pelkey) 1.00 For SE part KE-i SB McFarli^ie Relief Drain Lot 6, Con. 1 (W. Tradell) 274.00 For SE-^ SW|- ex River Roao Lot 6, Con. 1 (F. Gervais) 263.00 For ir4- SW^ Lot 6, Con. 1 (F. Gervais) 263.00 For NV/ pt NEi NV/ McFarlane Relief Drain Lot 6, Con. 1 (B & M Trudell) 274.00 For SW pt S\-fg SE McFarlane Rc.Uef Drain Lot 7 Con. 1 (R. H. Belanger) 146.00 For NE pt SWj SE McFarlane Relief Drain Lot 7, Con. 1 (G ic M Pelkey) 157.00 For all Lot 5 ex SE pt Lot 5 SW pt SW Crow Rd. Lots 6 + 5 PCB ^.(.Caron) 100.00 For SV/g- KBj SS iicFarlane i slief Drain Lot 7, Con. 1 (J. J. Abrarn) 121.00 For mi- m^ SE McFarlano Relief Drain Lot 7, Con. 1 (P. Vollans) 107.00 For m pt NE{r SE McFarlane Relief Drain Lot 7, Con. 1 (R. Belan^^er) 533-00 For SW 2/3 ox lots, Lot 8, Goncnysion 1 (W. Roy) 690.00 For WW pt NE l/3 KW McFarlano Relief Drain Lot 3, Cone. 1 (R. Caron) 205.00 For HW pt JJE 1/3 SE. McFarlane Reli.u" Drain Lot 8, Con. 1 (U. Hoy) 205.00 10 For NE 2/3 ex pt Lot 3, Cone. 4 ( A. & Y. Griffore) I. 00 For SE cor NEKot3, Con. 4 ( M. & D. Castien) 1.00 For SW cor^W i Lot 4, Con. 4 ( S. & R. Jubenville) 1.00 For SW^ mi Lot 6, Con. 5 ( M. Dulisch) 1.00 For NE^NWi Lot 6, Con. 5 ( R. Pinsonneaul t) 1.00 For NW pt SWi mi Lot 7, Con. 5 ( C. & E. Couture: 1.00 For NE pt NEi NE Given Road Lot 7, Con 5, ( H. St. Pierre) 1.00 For SWi NWi Lot 8, Con. 5, ( C. & D. Bechard) 1.00 For NEi NW^ & NW pt NE| SEJr NW Road Lot 8, Con. 5 ( P. Dulisch) Est 1.00 For SWi mi Lot 9, Con. 5 ( W. J . & M. Geba I) 1.00 For NW pt NE-^ mi NW Road Lot 9, Con 5. ( W. J. & M. Geba!) 1.00 For NW pt of Si N^ W Big Pointe Lot 10, Con. 5 ( W. J. & M. Gebal) 1.00 For NW pt SWi NEi NW i Lot 10 Con. 5 ( V. Sterling) 1.00 For NE pt mi Lot 2, Con. 6 ( G. Blondeel) 1.00 For mi Lot 3, Con. 6 ( G. Blondeel) 1.00 For SWi- mi Lot 4. Con 6 ( L. Tetreault) 1.00 For SWiNE i mi Lot 4, Con. 6 ( J . P. & M. Pinsonneaul t) 1.00 For NEi NEi NWi Lot 4, Con. 6 ( G. & K. Mai) 1.00 For NWi mi Lot 5, Con. 6 ( J . & P. Pi nsonneaul t) 1.00 For pts SW RivardDrain Lots I & 2 Con 7 St. Lukes Club Corp. For NW ex NW pt SEi Lot I, Con. 8 ( Edna Hamilton) 1.00 For NW pt SEi ex W WCR Lot I, Con. 8 ( W. M. & S. Royer) 1.00 For S pt ex lots Lot I, Con. 8 ( R. & M. Lucier) 1.00 For pts 1, 2, 3, Con. 8 ( Big Pointe Club Ltd) 1.00 For SEi SWi 2, Con. 8, ( F. Charron) 1.00 For NEi NEi SEi ex pts and pt SWi NEi SEi NW Toulouse Drain Lot 2, Con 8( ( D. & A. Lucier) 1.00 For pts I, 2, 3, & 4, Con. 9 ( -Big Pointe Club Ltd) 1.00 For S pt N l?i Ac E i Lot 7, Con IC ( D. Hebort) For N 59i Ac ex N I2i Ac. Ei Lot 7, Con. 10 ( Leo Laueon) 1.00 For pts Lots 3, 4, 5, 6, 4 7 Con I I ( Big Pointe Club Ltd) 1.00 ^or SWi SEi Lot 8, Con. II (D. & Y. O'Neill) 1.00 11 For iIE|- '6E^ Lot 8, Con. 11 (H. L'Ecuyor) 1.00 For SWg- SE-2- Lot 9, Con. II (N. L'Ecuycr) 1.00 For Wj^- SE-^ Lot 9, Con. 11 ( R. ^ N. Cartior)) 1.00 For Pt Lots 1, 2, & /,. K. ?, 409 (Donald i'takus) 1.00 For Iffi pt Lot 3> R. P. 4-09 (J. Bou-rdoau) 1.00 For pts Lots 1, 2, 3, ci 4 A. P. 409 (S & P Vincent) 1.00 For Lots 21, 22, 23, & 24 lU P. 409 (S. Dinsraore) 1.00 For pt ex lots Lot 8, Con. 11 (Bay Lodge Inc.) 1.00 For I'lE cor NVf^- Lot 8, Con. 11 (L & J Lozon) 1.00 For IWa'- J-ot 10, Con. 11 (Howard T. Rex) 1.00 For KlfJ- Lot 11, Con. 11 (L, 0, D, & M Griffore) 1.00 For SEi NVJ^ Lot 12, Con. 11 (A. Griffore) 1.00 For NVf^- Lot 13> Con. 11 (j ic K Domers) 1.00 For pt mfis (SW 168' of ME 23&' of SE 178.5') Lot 10, Con. 12 (J. M. Moffat. Entchp rises) 1.00 For pt NW^ (SW 136.7' of KE 374.17' of SE 245') Lot 10, Con. 12 (J. & M. Van Gerven) 1.00 For pt Lot 10 and p 525 P + i Lot 10, Con. 12 (Kelsey Hayo^ Can. Ltd) 1.00 For SW 1/3 SV^2- o^ P"t Lot 14, Con. 14 (H. Loyst) 1.00 For m 2/3 SW^ Lot 14 Con. 14 (U. L'Ecuyor) 1.00 For m-f^ Lot 15, Con. 14 (B. Lewis) 1.00 For Si^ MW|- Lot l6, Con. 14 (Joanne McGrail) 1.00 For m^ NW^ Lot 17, Con. 14 (M. Crawford) 1.00 For m^- Lot 18, Con, 14 (M. Crawford) 1.00 For pts Lots 11, 12, 13, 14, Con. 15 (J. C. Gibbs and P. Heftier) 1.00 For SE-^- Lot 15, Con. 15 (0. Verhaege) 1.00 For SVf^- Lot Id, Con. 15 (O. Verhaege) 1.00 For KW pt NE-^- Lot l6. Con. 15 (J. Davidson) 1.00 For WE-^- ex NW pt Lot l6, Con. 15 (Est. of J. Griffore) 1.00 For NW pt SV/J- Lot 17, Con. 15 (J. Davidson) 1.00 Zor NW pt IIW pt UE pt NK Little Boar Greek Lot 20 Con. 15 (O. Boswell) 1.00 For all S. 1-Iax\,fcll Creek and E. Boar Creek Lot 20, Con. 16 (Guaranty Trust. Co. of Csjiada Ltd. National Bank of Detroit Trust 6c Iteal Estate) 1.00 For KU pt Lot 19, Con. 17 (G & E Ccurtcauj:) 1.00 For Lot 19 and SW pt Lot 1 19 + 1, Con. 18 (G & E Conrteaux) 1.00 12 ^•'cr Lot 19 ar.d IJW pt Lo''.. 2 Con. 18 (j. Gou.vteaia:-:) 1.00 \\r Noi; pt Lot 1, G'.i r,t Lot 2 e:: pts Coxi. IS (G, J, E, & F. Courteaux) 1.00 i^ox- MK pb Lot 2 ai^.d SW pt Lot 1 Con. 18 (Dover Farms Ltd) 1.00 For all Let 4, Con. IS (Libby Mcrl?il ci Libby of Can. Ltd) 1.00 For SV/ pt KV; pt SV.'i- M'./ Given lload and Si7 llabidoau Drain ex pt Let 5j Con. 18 ( B, W. Hind EST.) 1.00 For Sl'V ox 3\l ptc !;'i' pt VtV, Given P.cad ?r:d ex pts SE Given Hoad Lot 5, Con. 18 (G. Jabidcau Est) 1.00 PLI) FOR additional Enf^inierlug roclwding survey, report etc. 5^500.00 Letting end superintending 5,000.00 Bylav;, Application to Hu'-.icipal P^-ard, cJ-ei-ks .foes etc. 1,005.05 lacing a -UT.i of $ 266,000.00 This .st-iuj I assess in the annexed schedulsj against the lands and roads liable to aspessir.ont ijj'dcr the Drainaj-;3 Act. The drainage work, herein reported on, shall be naintaincd at the ex,?en-:e of the Icjidj and roads assessed in said schedule said lands and roads paying on a pro rata basis vd.th the amounts set out in said rchcdule. Respectfully submitted. .Tionald D. McGeorgcj 0. L- S., P. Eng. 13 SCHEDULE OF ASSEiiSMSIMT UN LANDS mO RjADS IN THE TOVMSHIP OF DOVER K'H EI'IESGE!CI RFPAIi?S TO E1'!B/>N50''^:NTS AliJNG THE KEVER THA>iES, MGFARLANE HELIEF DRAIN, RIVARD DRAIN, TOULOUSE DRADl, MYE.HS DRAIN, HEBRRT DRAIN, BOYLE DliAIN, GOWl-ttE DiiAIN, HIND iiSLIEF DRAIN, HIND OUTLET rR.lIIJ . Ittr.HMOND CUT, RAYl'iUND DfiAIN, FRYER DRAIN AND BRANCH, PI'vTJl Cirr^iiL ECVKTE, EASTEKZ SIDa OF LaKE ST. CLAIR AND THE SOUTHERLY SIDE OF THE .RIVEF. SYDENHAM CON. LOT OR PAOT uF JOT AGPFS AFFECTK) VALUE OF BE'ZF'^T iiSSESSED OWNER 1 DW SE part 1E|- ex Lots Jot 1 81 650.00 G. Bagnall SW cor SE pt NS^- Izt 1 4.5 35.00 B & A Bagnall Pt SE pt NE^ lot -j ^ -4? 5.00 S & B Bennett Pt SE pt NE-^- let : « .60 5. CO L & R. Dubuque SE pt SVft SE^i- GX ?.ot pts 2,''3, S 5 ?4 R £-51 Pt SE pt 3-4- SEi W.R.P-d. NE pt NB^ SE Dclser. Creek ex lot, NE pt NI% VM Dels en Creek SE cor NE pt SW pt NB|- S. Dol.sen Cre&>. NB^ SWi- SV^ SVS- NE pt NE-J- SLJ Do.i.s-jr Crcoi" SW pt NE-J- SE ¥.TAn D.vai ■ ; NE pt SW^ 'X pt SW pt i.T^- SE old Riva-rd Dr-air. NW o.r Now River Foad Pt NE pt SWi- SE ncv; H.. :'a. SW pt SW| & NE pt NE-g- SW pt NE> NE pt SW^- SW pt SW|- All ex 24 R 2^! SW pt (pt 1 2/,, R 2-)~/) SW pt (pt 2 24 R 297) SW pt (pt 3 ^'- 4, 2/^ R 297} All NW pt Lot 7, All 8j 9, 10, 11 it 12 Let 1 77 615.00 Lot 1 -^J 1/3 5.00 J, M, B & J Bagneil J & I Reaume Lot 2 70 560.00 A & V King Lot 2 ■:* i 5.00 Pearl Jubenvn Tie Lot 2 44=5 360. CO R, Jubenville Lot 2 99 790.00 Mary Jubenville Lot 2 93.':^ 790.00 Donald Reaume Let 3 45 360.00 H. Duphette LcL 3 A8.99 390.0c J & E Laevens Lot 3 35 c 7-; M5.t'C Marg Laevens Lot 3 8.33 65.00 J & C Laevens Lot 3 Lot 4 82.1.', 660.00 V & L Duphette Lot 4 62.5 500.00 T & E Jubenville Lot 4 62.5 500.00 L. Reaume Lot / 62.5 500.00 W & I'l Reaume Lot 5 179.57 i.y.0.00 Bradley Farms Ltd. Lot 5 -^ 1 15.00 R & J Jubenville Lot 5 ^' 2.12 30.00 Clarence Jubenville Lot 5 ■> 3.75 50.00 Irene Smit Lot 6 31 248.00 Bradley Farms Ltd. Lot 6 1.<29 5OCO.OO Bradley Fanns Ltd. SCHEDULE (con't) 14 CON. LOT OR PART OF LOT ACiffiS AFFECTED VALUE OF HElffiFIT ji3SF,S3ED OWNER 1 DW All Lots NW pt SE -I- NB^ NE^ NW pt S\ihk NB|- NW pt SWi- NW pt NW pt NE pt NW Dolsen Cr. 3 DW SW pt NE pt & SW pt All All All NE pt SW pt NE pt 5 DW Pt 1 S% s\ik NE-|- Sl^- ex pt pt NE-I SW? - 1 24 R 636 SW pt NE^ NE pt NEi SW cor All ex SW cor SW pt SW pt NE 09', SW 54D' N.R.Rd. NE 236', SW 798.4 N.R.Rd. HE pt SW pt NE 154' SW 908.5' N.R.Rd. SV^ NE pt NBj- NE pt SW pt SW^ S. McFarlane Dr. Ct. Pt SW^ S. McFarlane Dr. 6,7 US 240 1920.00 Bradley Farms Ltd. Lot 1 63 500.00 V. Jubenville Lot 1 35 280.00 Mary E. Jubenville Lot 1 37.69 300.00 r, jubenville Lot 1 BO 640.00 V. Jubenville Lot 3 40 320,00 V & L Duphette Lot 1 71 570.00 Leo Couture Lot 2 112 895.00 Leo Coutui-e Lot 3 200 1600.00 Leo Couture Lots 4^5 400 3200.00 Bradley Farms Ltd. Lot 6 194.39 1555.00 Bradley Farms Ltd. Lot 1 128.5 1030.00 R. Laprise Lot 2 8r, 705.00 F, E, M & I PinsonneauJt Lot 1 5 50.00 St. Lukes Club Corp. Lot 1 20 160.00 Vo Jubenville Lot 1 16.9 135.00 Belleterre Farms Inc. Lot 1 » 1/3 5.00 V.A, S & L Marchand Lot 1 20.7 165.00 Belleterre Farms Inc. Lot 1 17 135.00 V & R Jubenville Lot 2 ■■• 1 10.00 L & A Stevenson Lot 2 120 960.00 Mary Jubenville Lot 3 59.75 480,00 D & L Johnston Lot 3 .25 5.00 R & M Cook Lot 3 .80 10.00 H. Goudreau Lot 3 32.6 260.00 L. Jubenville Lot 3 * .40 5.00 D & P LaMarsh Lot 3 66 530.00 I & K PeUcey Lot 3 66 530,00 Wm. Antaya Lot 4 26.75 215.00 Wm. Antaya Lot 4 46 370,00 R, Bn^nall SCHEDULE (con't) 15 CON. LOT OR PAKT OF LOT ACKES VALUE OF ASSESSED CWEH AFFECTED BETiEFIT 1 NE pt SWj S, McFarlane Dr. Lot 4 SW pt NB|- S. McFarlane Dr. 44 350.00 Mary E. Jubenville SW pt S. R. Hd. Lot 4 76.87 615.00 H. Crow Estate NE pt WE^ S. McFarlane Dr. Lot 4 42 335.00 R. Peltier SW pt Pt 1 , 24 R 644 Lot 5 * .50 5. CO L. Reaume Stf| SE McFarlane Dr. ex pts Lot 5 115.25 920.00 K E.&J/M. Cai-on 3E pt S\^ SE R. Rd. Lot 5 * t 5.00 Anne Vandcrsluis SE pt SW^ Kw R. Rd. Lot 5 * i 5.00 H. Desa SW pt NEi S. McFarlane Dr. Lot 5 49 390.00 H. Crow Eotate NE pt NEj- S. McFarlane Dr. Lot 5 4D 320.00 R. Peltier NE pt N. McFarlane Dr. Lot 5 31. B 255.00 L . Jubenville 1 Ct. pt N. McFarlane Dr, Lot 5 26 210.00 K. PeUcey SW pt N. McFarlane Dr. Lot 5 31 250.00 I. PeUcey NE pt N. McFai-lane Dr. Lot 4 24 190.00 L. Jubenville SW cor N. McFarlane Dr. Lot 4 ^ i 5.0c L- Jubenville SW pt S\fi- NW Drain Lot 1 73.62 590.00 J iS: L Johnston SW pt SWi" SE Drann Lot 1 6.23 50.00 V. Jubenville NE pt SW-g- Lot 1 25.86 205.00 Belleterre Farms Inc SW pt NB^ Lot 1 60.477 485.00 Belleterre Farms Inc, NE pt HE^- Lot 1 U 350,00 V. Jubenville SW^ SWi- SWg- Lot 2 25 200-00 H. Duphette NE^ SWl SW^ it NE-^ SW^ Lot 2 75 600,00 H. Duphette & D.V.A. 3W^ NEi Lot 2 50 400,00 V & L Duphette NEi NE-i- Lot 2 50 400.00 F. GejTvais SW 1/3 Lot 3 66.66 535-00 M. Koelcuyt NE 2/3 ex pt Lot 3 133 1065.00 A & Y Griff ore NE cor NE-^- Lot 3 i 10.00 M & D Castein SE cor SW cor Lot 3 Lot 4 * "4 5.00 S & R Jubenville SW^ SWg- ex pt Lot 4 49.75 400.00 D. Ouellette NB^ SW^ Lot 4 50 400.00 F. Ouellette mk Lot 4 100 800.00 L & M Jubemdlle SW^ swi- Lot 5 50 400.00 E i F. Carron SCHEDULE (con't) 16 ON. LOT OR PART ( jF lot ACRE3 VALUE OF ASSESSED OWNER AFFECTED BENEFIT 4 NEi Sl4 Lot 5 50 400.00 G. Quelle tte mk Lot 5 100 800.00 A St, Pierre 5 NW pt SE-^ N. Stephenson Dr. Lot 1 54 430.00 Romeo Pinsonneaialt SE pt 3B^ S. Stephenson Dr. Lot 1 42.173 335.00 U & T Pinsonneavilt S13^ Lot 2 97.917 784.00 Itosaire Pinsonneault SW^ S^ SB^ Lot 3 25 200.00 G. Delrue NEi SV% SEi Lot 3 25 200.00 E, Delrue NBi" SE-i- Lot 3 50 400.00 L & M Jubenville SWi- 3E|- Lot 4- 50 400.00 L. Jubenville NEi SEi Lot 4 50 400.00 R & T Pinsonneault SW^ SEi Lot 5 50 400.00 A. St. Pierre NEi SEi Lot 5 50 400.00 J P Pinsoruieault SEi Nl^ Lot 1 50 400.00 V & L Duphette NWi- NVf^ Lot 1 50 400.00 M & M Klinai-d SEi nw| Lot 2 50 400.00 M & M Pioth Nl4- NW|- Lot 2 50 400.00 J & F Roth N^ Lot 3 100 800.00 J P Pinsonneault SV^ NVi Lot 3 50 400.00 R. Pinsonneault NEi WW^ Lot 4. 50 400.00 A ut J St. Pierre wvi Lot 5 100 800.00 A. St. Piein-'e 1 SEi SVi- ex River itoad Lot 6 48.6 390.00 F. Gervais NVi SVi Lot 6 49.7 400.00 F. Gervais Pt 1 24 R 210 Lot 6 ^ * 1/3 5.00 R & C De Hondt SE pt NEj SE McFarlane Dr. Lot 6 74 590.00 Wm. Trudell SW pt SW^ Lot 7 49.5 395.00 R. Belanger NE pt S\% SE McFarlane Dr. Lot 7 37 295.00 G & M Pellcey Pt NE pt SVf|- NW McFarlane Dr. , Lot 7 15 120.00 A Trudell S;^ NBi SE McFarlane Dr. Lot 7 30 240.00 J & J Abram NEi NB^ SE McFarlane Dr. Lot 7 29.5 235.00 P Vollans NE pt NEi NW McFarlane Dr. Lot 7 27 215.00 R H Belanger SW 2/3 NW River M. Lot 8 130 1040.00 Belleterre Faim Inc. SCHEDULE (con't) 17 CON. LOT OR PMT OF LOT ACHES VALUE OF ASSESSED OWER AFFECTEp„_ BENEFIT 1 Se pt HE 1/3 ex pt Lot 8 7.4 40.00 B & T Charlebois NW pt NE 1/3 SE McFarlane Dr. Lot 8 A2 335.00 BeDleterre Farms Inc. MW pt NE-g- NW McFarlane Dr. Lot 6 24 195.00 B & M Trudell PCB Pt 1 I!D 139 Pt Lot 15*^- 3/4 10.00 it E Marlatt SW pt ex lU) 139 Pt Lot 15 29.43 235.00 B & 11 'i'rudell NE pt Lot 15 St. U Lot U & 15 62 310.00 B a M Tiudell All Lot 13 &. 12 40 200.00 A. Trudell All Lots 11, 10 & 9 61.5 300.00 H. Belanger SV% Lot S 28.5 140.00 H. H. Belanger NEi Lot 8 27 100.00 R. Bourassa A SW|- SWi- Lot 6 50 400.00 Edna Peltiar NEi SV% Lot 6 50 4D0.00 Clarissa Peltier SW 100' SV^ NEi Lot 6 ^ 1 2 10.00 F & R JubenvillG SWg- NE-g- ex pt Lot 6 49.5 395.00 V. King NE-^ NB^- Lot 6 50 400.00 F & N Trudell SW pt swj- Lot 7 40 320.00 J. Rapsbui'g NE pt SW|- Lot 7 40 320,00 G & G Kestelyn oW pt NE-^ it pt NE pt SW|- Lot 7 80 640.00 R & C Bossy NE pt & NE-|- Lot 7 40 320.00 R & G Pinsonneault SW^ SW^ ex pt Lot B 49.403 395.00 U & C PinsDnneaiilt pt Slf^- SV.f|- ex pt Lot S * * 10,00 D & B Johnston pt NE-^ SWg- Lot 0 '- 1/5 5.00 C Couture NE-^ SWg- ex pt Lot 8 49.660 395.00 A . Couture SW|- NE-|- Lot 8 50 400 0 CO B.C.Bechai'd NE-|- NB^ Lot 8 50 400.00 1 . Bourassa SW^W^ Lot 9 50 400.00 E. King HEi SW^ Lot 9 50 400.00 F & M Pinsonneaiilt SW^ NIi% Lot 9 50 400.00 R, C, F & M Pinsonneault 1^-^ NE-^ Lot 9 50 400.00 E £c R King SW^ SWg ex SE cor Lot 10 48 380.00 F & J liapsburg NB^ SW^ Lot 10 50 350.00 A Caron SCHEDULE (con't) 18 CON. LOT Ort PAllT UF LOT ACHES iiFFECTED VilLlTE OF BENEFIT ■f^SESSED OWIIER A s\^ Lot 11 100 650.00 ii <§c C King SW pt NE|- ex pt Lot 11 71 425.00 A. Pinsonneault NE pt NE pt SE pt ex 3W cor Lot 11 13.5 80.00 R & Y Pinsonneault HE pt NE pt NW pt Lot 11 U 85.00 A Pinsonneault SW-^ SEi Lot 12 50 250.00 R Sc Y Pinsonneault NB|- SEi ex pt Lot 12 A9.5 240.00 J.M. Caron llEi Lot 10 100 725=00 E J King SI4- HWg- Lot 12 50 350.00 R. T. Pinsonneault NEi NW-I Lot 12 49 290.00 A Caron 5 SWi- SE^ Lot 6 50 400.00 0 & M Lozon SW|- SWi- SE-g- Lot 7 25 200.00 C it M Lozon NEi SVfJ- SB^ ex pt Lot 7 23 185.00 A St. Pxerre W pt SE cor Eg- Lot 7 * i 10.00 R & B Couture E pt SE cor E^ Lot 7 1.526 15.00 L . Coutiure mk SEg- SE Given ild. Lot 7 4.7 375.00 R. C&uture SE pt SWl oE-g- SE Given M. Lot 8 41 325.00 J & B Osuch. SI4 SE-g- ex NWj- Ac NW Given M. 4c SW^ NE^ SE-^- Lot 9 74.25 600.00 H & H MiQlczarek HEi HB^ SEI- Lot 9 25 200.00 H. Couture SE pt NE| NI4- SE Given M. Lot 9 19.5 155.00 E & E Coutui'e Sl^ SW^ SE^ Lot 10 25 200.00 H & M Coutui'e NEi Sl4- SB^ ic SW pt NB-I SiS-^- SW Given M. Lot 10 63.5 510.00 E &EE Couture NEJ- SB-|- ex pt Lot 6 4C.74 390.00 C & M Lozon Pt 1 HD U5 Lot 6 1.25 15.00 C, R, & R Lozon NE pt SBg- SE Given M. Lot C 43 345.00 P. Dulisch Estate SW^ NW| Lot 6 50 400.00 M. Duliach NEi NWi ex pt Lot 6 49.2 395.00 R. Pinsonneaiilt Pt mjt NV% ex pt Lot 6 .8 10.00 M & M St. Pierre SE pt swi- m^ Lot 7 10 80.00 C Kendall NE pt Ni% NE Given Rd, Lot 7 53 425.00 H. St. Pierre SWi NWi Lot 7 40 320.00 Cie Couture SCHEDULE (con't) 19 CON. LOT OR PaHT of LOT ACRES AFFECTED VALUE OF BEI^EFIT Assessed owner Lot 8 9 Lot 8 50 57 Lot 9« 1 Lot 9 A9 Lot 9 30 NW pt SWj oEi NW Given M. SV^ n4- Mi MW^ & NW pt lIEi SEi NW Given Rd. NW cor SWg- SEi NW Given iid. SWg- NWg- NW pt NE-^ Nl^- NW Given Rd. m pt of &|- ^^^ W Big Pointe Rd Lot 10 19.5 NE pt W^ Ni- ex Rd. Lot 10 11 Pt S Rd. W^- E^ 1% Lot 10 3 SW Cor Wg- E^ N^ Lot 10 1 B^ Ei N^- Lot 10 25 NE pt E-|- S^ Lot 10 11.75 S pt W-> »2- W Big Pointe Rd. Lot 10 18.5 SW^ SB^ m^ SE^ SEi SEi NW 100' SEi SEi SW 273' SV^ SEi Lot 11 100 Lot 12 Lot 12 Lot 1 Lot 1 Lot 1 * Lot 2 SW^ SE^ &: SW pt NEi SEi ex pt Lot 2 SW 162" NE 476.15 3W pt SE-|- Lot 2 * Ct. pt. NB|- SEi Lot 2 50 50 50 49.656 1/3 .95 65.226 .8 25 72.00 400.00 455.00 10.00 395.00 240.00 155.00 90.00 25.00 10.00 200.00 95.00 145.00 700.00 300.00 300.00 400.00 395.00 5.00 10.00 520.00 10.00 200.00 L & L Loaon C • Be chard P. Dulisch Estate M ST. Pierre W, J, & M Gebal W, J, & M Gebal W, J, &. M Gebal W & M Gebal V. & E. Tetrault E. Lozon W & M Gebal W & M Gebal E & E Coutiu-e G & R PinsonneaixLt ii, Pinsonneault 0 & M Pinsonneavilt S & il Derbecker H & J Kl|tiard Union Gas Ltd. G & A Klein Belleterro Farms Inc. P. Lozon J & B Osuch NE pt NBi SEi SW pt SV^ SEr^ Lot 2 Lot 3 20 160.00 o (k P Caameclci NE pt SWg- SEp & SW pt NEi SEp ex pt Lot 3 68.34 545.00 R & T Pinsonneault Pts 1 & 2 RD 206 Lot 3 1.90 15.00 M Klinard NE pt NE^ SE-^ ex E cor Lot 3 20.6 165.00 J & R Schuster E cor NE pt Ne^ 3E-^ ex E cor Lot 3 * 1.1 10.00 J & R Schuster SW^ SBi- Lot 4 50 400.00 J & K Schertaer SCHEDULE .(cont'd) 20 CON. LOT OR PART OF LOT ACRES VALUE OF AFFECTED BENEFIT ASSESSED OWNER NEi SEi SEi SEi NWi SEi SWi NEi SW{ SEi SWi NEi NEi NEi SWi NEi SEi SEi Lot 4 Lot 5 Lot 5 Lot 6 Lot 6 Lot 7 Lot 7 Lot 7 Lot 8 Lot 8 Lot 9 50 400.00 50 400.00 50 400.00 100 800.00 100 800.00 50 400.00 50 400.00 50 400.00 100 800.00 50 400.00 100 800.00 J. Pinsonneault H. & J. Kl inard R. & E. Charron M. Gardiner H. Dutka S. & P. Evans M. Menyes S. & P. Evans R. & A. L ozon H. Couture F. & M. Couture SWi SEi Lot 10 SWi SWi NEi SEi Lot 10 NEi SWi NEi SEi NEi NEi SEi Lot 10 SWi SEi Lot 1 1 NEi SEi Lot 1 1 SWi SEi Lot 12 NEi SEi ex pt Lot 12 SEi NWi ex pts Lot 1 SE 265.88' SEi NWi NW 529, •58^ot P NW 263.71' SEi 1 ^Wi Lot 1 NWi NWi Lot 1 SW pt NWi Lot 2* NE pt NWi Lot 2» NWi Lot 3 SWi NWi Lot 4 SWi NEi NWi Lot 4 NEi NEi NWi Lot 4 NWi NWi Lot 5 50 12.5 400.00 100.00 37.5 300.00 50 400.00 50 400.00 50 350.00 48.757 325.00 49.46 395.00 I 10.00 I 10.00 50 400.00 10 80.00 90 720.00 100 800.00 50 400.00 25 200.00 25 200.00 50 400.00 0. Couture V. Sterl ing P. & A. Sterl ing N. & M. Letourneau J. & W. Gebal B. Carron 0. & J . Del rue Bel leterre Farms I nc. G. & M. Emrich G. & K. Emrich F. Pinsonneault Dover Rod and Gun Club G. Blondeel G. Blondeel L. Tetreault Est. J . & M. Pinsonneault G. & K. Mai J . & M. Pinsonneault SCHEDULE (con't) 21 con. LOT OR PART OF LOT 6 9E^ Nl^ SW pt NV% SW R pt iid. NE pt Nl4 IlE H pt Rd. S\^ Nlf^ NEi NW|- st4 nw^ NEi NW^- 7 Sl4- SEi KEi SEi WEi SEi SEi SEi SEi SW^Bi SEi SW^ SEi NW^- NEi SEi ex Rd. SEi NB^ SEi ex Rd. SEi SVi SEi Ct. 1/3 NB^ SE^ SW 1/3 NB^ SEi NE 1/3 NE^ SB^ SW^ SB^ NEi SB^ SEi SB^ m^ SB^ ACIiES VALUE or Assessed ovjner AFFECTED BENEFIT Lot 5 50 400.00 G & K Mai Lot 7 50 400.00 0 • Couture Lot B 50 400.00 0 & D Coutm-e Lot 8 88 705.00 0 & B Couture Lot 9 10 80.00 J & M Couture Lot 10 50 400.00 J t Lot 8 50 400.00 F & G Caron SV^SB^ Lot 9 50 400.00 H & D Couture NE|- SEi Lot 9 50 400.00 L & M Poissant SWg- SE-|- Lot 10 50 400.00 M Ouellet NE^ SB|- ex pt Lot 10 49.5 395.00 P & D Martin NE 150' NB^Ei Lot 10 * .5 10.00 0. & H. Howard SWj- SBi^ ex Rd. Lot 11 48 390.00 H Bechard NB^ SB|- Lot 11 50 400.00 0 & M LoTiagie SVf^ SE|- ex pt Lot 12 '■■' .-',9.66. 350.00 ■ V/.o, B. Hembree Pt Lot 12 * 1/3 10.00 D & I Butler Pt Lot 12 '■' 2.7 25.00 Caron Grain Ltd. SE pt NE-^ StL^ ex pt Lot 12 17,73 120.00 G. Mayers SE 1/3 NW pt NEi SE-g- ex pts Lot 12 8.83 60.00 N Roberts Pt E Cor S10 acrs. N 30 Ac Lot 12 2/3 10.00 G & A Lozon Pt N cor S lOAc N 30 Ac E-^S^ Lot 12 .50 10.00 N Roberts NW 2/3 NW pt m^ SB^ Lot 12 19.797 160.00 H Bagnall SWj- SE-^ ex pt SW Boyle Dr. Lot 13 48.6 200.00 H Bagnall VVJt Lot£ i 1 , 2 & 3 290 2320.00 Big Pointe Club Ltd. SW^NV^ Lot 4 50 400.00 C Lauzon NB^ NWj- Lot 4 50 400.00 John Roberts et al SW^ SW^ NV^ Lot 5 25 200.00 John Roberts et al NBi- SV% Nl4 & NBi- NV^ Lot 5 75 600.00 0 & T Lauzon S4 NV^ Lot 6 50 400.00 0 Lozon NB^ NWj^ Lot 6 50 400.00 L & J TetreaiJlt SWiNV^ Lot 7 50 400.00 A Labadie SCHEDULE (con't) 25 CON. LOT OR PAKT OF LOT ACRES AFFECTED VALUE OF BENEFIT ASSESSED OWtJER S NB^ NI4 Lot 7 50 400.00 P Pinsonneault SW|- SI4 NV% ex pt Lot 8 24 195.00 P Pinsonneavilt NEi SW^- N\% ic pt SWg- SWj NWs" Lot 8 26 205.00 P Pinsonneault NEi N\^ Lot 8 50 400.00 P Pinsonneault SV^ N^ Lot 9 50 400.00 H fi: L Ouellette NE^ B\% Lot 9 50 400.00 L Bourgeois Estate SW-^ NV^ Lot 10 50 400.00 D Sylvain NE^ NV^ Lot 10 50 400.00 D Sylvain SV^- NW|- ic SE pt SV% NB^ NWi- SE Boyle Drain Lot 11 60 4i!0.00 L Ouellette NW pt SWj- NEi NVf^- ex pt mv Boyle Drain Lot 11 12.5 100.00 J & B Robinson NE 260' 314 NE^ NW^- Lot 11 2.46 25.00 R & M Drow NEi NEi NV^ Lot 11 25 200.00 V 1-lallotte NW cor W|- 1% Lot 12 * 1 10.00 H Sylvain Pt on W^ N^ Lot 12 * .40 5.00 G & T Gagnon SV^ NV^ ex pt Lot 12 48 335.00 N & A Benoit HP 594 Lots 26 & 27 « 3/5 10.00 L & J Brovm Lots 28 ^' 1/3 5.00 J & K Butler Lots 29 * 1/3 5.00 L & A Ouellette RP 594 All Lot 25 * 1.2 10.00 Twp. of Dover & 587 iOl Lot 24 * 1/3 5.00 A 4c B Daniel All Lot 23 •■ ,17 5.00 J & V Belanger All Lot 22 * .2 5.00 L Perreault NW pt Lot 30 * .21 5.00 W & Y Robb pt Lot 30 ^ .22 5.00 L & J Benoit Lot 21 ^ .18 5.00 L & V Emery All Lot 20 * .32 5.00 J . Benoit Lot 19 * .15 5.00 N & A Benoit 8 Pt Lot ex pts Lot 12 16.61 115.00 N & A Benoit Lot 18 * .18 5.00 R & L Dulong Lot 17 * .19 5.00 C & E Emery SCHEDULE (con't) 26 CON. LOT OR PART OF LOT ACRES AFFECTED VALUE OF BENEFIT ASSESSED OWNER BP 587 Lot 16 * .18 5.00 D. Alexander Lot 15 '■* .18 5.00 S & G Trahan Lot 14 " .21 5.00 E Demers Lot 13 * .17 5.00 R&D Lozon HP 587 & 594 Lot 31 & 13 « 1/3 5.00 J Koekuyt HP 594 Lot 32 « 1/3 5.00 R & R Ityers RP 587 SE pt Lot 11 k pt 4 24 R 960 * i 5.00 D & A Benoit RP 594 Block B & pt Drain « i 5.00 S & J Laprise HP 587 Pt Lot 11 & 12 * i 5.00 A Demers 8 SE^ NB^ NV^ Lot 12 25 175.00 R Hormandin SW^ SB^ Lot 15 25 125.00 J L Pinsonneault NEi SE|- Lot 15 50 300.00 R & G DeDecker SW^ Nl4 Lot 15 25 150.00 0 Lucier NB^rn^ Lot 15 50 300.00 H Marcliand S\f^ SB^ Lot 16 50 300.00 A Dn. Lot or Pt.Lot Acres Owner or Assessed Total Est. Net Affected Owner Assessment Leg. Grant Assessment 1 DW SE pt. NEi ox. Lots 1 81 G. l-OOl Bagnal 1 650.00 520.00 130.00 SW cor. SE pt NEi 1 4.5 B. 1-002 & A. Bagnal 1 35.00 28.00 7.00 Pt.SE Pt.NEi 1 .47 S. 1-003 * & B. Bennett 5.00 4.00 1.00 Pt.SE Pt.NEi 1 .60 L. 1-004 * & R. Dubuque 5.00 4.00 1.00 SE pt SWi SEi ex. pts. 2,3,& 5 24 R 851 1 lot 77 J. 1-005 M.B.& J. Bagnal 1 615.00 492.00 123.00 Pt. SE pt. SWi SEi Rd. 1 N.R. 1/3 J. 1-00501 * & 1 . Reaume 5.00 4.00 1.00 NE pt NEi SE Dolsen Greek ex lot, NE pt NEi NW Dolsen Creek 2 70 A. 1-006 & V. King 560.00 448.00 112.00 SE cor NE pt. 2 i P. 1-00601 * Jubenvi 1 le 5.00 4.00 1.00 SW pt. NEi S. Dolsen Creek 2 44.5 R. 1-007 Jubenvi 1 le 360.00 288.00 72.00 NEi SWi 2 99 M. 1-008 Jubenvi 1 le 790.00 632.00 158.00 SWi SWi 2 98.9 D. 1-009 Reaume 790.00 632.00 158.00 40 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 1 DW NE pt NEi SE Dolson Creek 3 45 I-OIO H. Duphctte 360.00 288.00 72.00 SW pt NEi SE Main Drain 3 48.99 1-0 II J . & E. Laevens 390.00 312.00 78.00 NE pt SWi & pt SW NEi SE old Rivard of New River Road Dra 3 in NW 55.79 1-012 M. Laevens 445.00 356.00 89.00 Pt NE pt SWi SE new R Road 3 8.33 I-0I20I J. & C. Laevens 65.00 52.00 13.00 SW pt SWi & NE pt NEi 3 i ; 4 82.14 1-013 V. 4 L. Duphotte 660.00 528.00 132.00 SW pt NEi 4 62.5 1-014 T. & E. Jubenvi 1 le 500.00 400.00 100.00 NE pt SWi 4 62.5 5-015 L. Reaume 500.00 400.00 100.00 SW pt SWi 4 62.5 ' 5-016 W. & M. Reaume 500.00 400.00 100.00 All ex 24 R 297 5 179.57 5-017 Bradley Farms Ltd. 1,440.00 1,152.00 288.00 SW pt (pt 1 24 R 297) 5 1 5-018 * R. & J . Jubenvi 1 le 15.00 12.00 3.00 SW pt (pt. 2 24 R 297) 5 2.12 5-01801 » C. Jubenvi 1 le 30.00 24.00 6.00 SW pt (pt. 3 & 4, 24 R 297) 5 3.75 5-019 » 1 rene Smit 50.00 40.00 10.00 All 6 31 5-020 Bradley Farms Ltd. 248.00 198.40 49.60 NW pt Lot 7, Al I 8, 9, 10, 1229 II & 12 All Lots 6, 7 4 240 1-022 Bradley Farms Ltd. 5,000.00 4,000.00 1,000.00 1-023 Bradley Farms Ltd. 1,920.00 1,536.00 384.00 NW pt SEi 1 63 1-036 V. Jubenvi 1 le 500.00 400.00 100.00 NEi NEi NW pt 1 35 1-037 Mary E. Jubenvi 1 le 280.00 224.00 56.00 SWi NEi NW pt 1 37.1 59 1-038 Robert Jubenvi 1 le 300.00 240.00 60.00 SWi NW pt. 1 80 1-039 Vernon Jubenvi 1 le 640.00 512.00 128.00 NW pt NE pt NW 1-040 Do 1 sen Cr. 3 40 V. 4 L. Duphette 320.00 256.00 64.00 DW SW pt. 1 71 1-041 Leo Couture 570.00 456.00 1 14.00 NE pt 4 SW pt 2 112 1-042 Leo Couture 895.00 716.00 179.00 All 3 200 1-043 Leo Couture 1.600.00 1,280.00 320.00 All Lots 4 , S, 5 400 1-044 Bradley Farms 3,200.00 2, 560 -.00 640.00 All 6 194, ,39 1-045 Bradley Farms 1,555.00 1,244.00 31 1.00 NE pt 1 128. 5 1-046 Roger Lap rise 1,030.00 824.00 206.00 41 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leg. Grt. Net Assessment 3 DW SW pt NE pt 2 88 1-047 705.00 F.E. & M. 1 .Pinsonneault 564.00 141.00 5 W Pt. 5 1-060 St. Lukes Club 50.00 40.00 10,00 1 SWi SWi 20 1-067 V. Jubenvi 1 le 160.00 128.00 32.00 NEi SWi ex.pt. 16,9 1-068 Bel leterre Farms 135.00 108.00 27.00 Pt NEi SWi - 1 R 636 24 1/3 1-06801 * V.A. & S.L. Marchand 5.00 4.00 1 .00 SW pt NEi 20.7 1-069 Bol leterre Farms It ic. 165.00 132.00 33.00 NE pt NEi 1 17 1-070 V. & R. Jubenvi 1 le 135.00 108.00 27.00 SW cor. 2 1 1-071 * L. & A. Stevenson 10.00 8.00 2.00 All ex SW cor. 2 120 1-072 Mary Jubenvi 1 le 960.00 768.00 192.00 SW pt SW pt. 3 59.75 1-073 D. & L. Johnston 480.00 384.00 96.00 NE 89', SW 540 N.R.Road 1 3 .25 1-074 R. & M. Cook 5.00 4.00 1.00 NE 236' SW 798 R. Road .4 N. 3 .80 1-075 Harry Goudreau 10.00 8.00 2.00 NE pt SW pt. 3 32.6 1-076 L. Jubenvi 1 le 260.00 208.00 52.00 NE 154' SW 908 N. R. Road .5' 3 .40 1-077 D. & P. LaMarsh 5.00 4.00 1.00 SWi NE pt. 3 66 1 -078 1. & K. Pel key 530.00 424.00 106.00 NEi NE pt. 3 66 1-079 Wm. Antaya 530.00 424.00 106.00 SW pt SWi S. McFarl Drain 4 lane 26.75 1 -080 Wm. Antaya 215.00 172.00 43.00 Ct.Pt. SWi S. McFarlane Dr. 4 46 1-081 Rose Bagna 1 1 370.00 296.00 74.00 NE pt SWi S. McFarlane Dr. 4 44 1-082 Mary E. Jubenvi 1 le 350.00 280.00 70.00 SW pt K::i S. McFarl Dr. SW Pt. S.. R. Road 4 lane 76.87 1-083 H. Crow Estate 615.00 492.00 123.00 NE pt NEi S. McFarlane Dr. 4 42 1-084 R. Peltier 335.00 268.00 67.00 SW pt Pt. 1, 24 R 644 5 .50 1-08401 » Loretta Reaume 5.00 4.00 1.00 SWi SE McFarlane Dr. ex. Pts. 5 1 15.25 1-085 M.E. & J.M. Caron 920.00 736.00 184.00 SE pt SWi SE River Road 5 i 1-086 * Anno Vandersluis 5.00 4.00 1.00 SE pt SWi NW River Road 5 i 1-087 » Hernani Desa 5.00 4.00 1 .00 SW pt NEi S. McFarlane Dr. 5 49 1-088 H. Crow Estate 390.00 312.00 78.00 42 Con. Lot or Pt.Lo-t Acres Owner or Assessed Total Est. Net Affected Owner Assessment Leq.Grt. Assessment 1 NE pt NEi S, 1-089 McFarlane Dr. 5 40 Robort Peltier 320.00 256.00 64.00 NE pt N. McFa irlane 1-090 Drain 5 31 .8 Leonard Jubenvi 1 le 255.00 204.00 51.00 Ct. pt N. 1-091 McFarlane Dr. 5 26 Kenneth Pel key 210.00 168.00 42.00 SW pt N. 1-092 McFarlane Dr. 5 31 1 van Pe 1 key 250.00 200.00 50.00 NE pt M. 1-093 McFarlane Dr. 4 24 Leonard Jubenvi 1 le 190.00 152.00 38.00 SW cor N. 1-094 * McFarlane Dr. 4 i Leonard Jubenvi 1 le 5.00 4.00 1.00 4 SW pt SWi NW l-IOI Drain 1 73. 62 J. & L. Johnston 590.00 472.00 1 18.00 SW pt SWi SE 1-102 Drain 1 6.23 V. Jubenvi 1 le 50.00 40.00 10.00 NE pt SWi 1 25. 86 1-103 Bel leterre Farms 205.00 164.00 41.00 SW pt SEi 1 60. 477 1-104 Bel leterre Farms 485.00 388.00 97.00 NE pt NEi 1 44 1-105 Vernon Jubenvi 1 le 350.00 280.00 70.00 SWi SWi SWi 2 25 1-106 Hector Duphctte 200.00 160.00 40.00 NEi SWi SWi & 1-107 UEi S\ii 2 75 Hector Duphette& DVA 600.00 480.00 120.00 SWi NEi 2 50 1-108 V. & L. Duphette 400.00 320.00 80.00 NE^ NEi 2 50 1-109 Francis Gervais 400:00 320.00 80.00 SW 1/3 3 66.1 56 l-l 10 Mary Koekuyt 535.00 428.00 107.00 NE 2/3 Gx pt. 3 133 l-lll A. & Y. Griffore 1 ,065.00 852 . 00 213.00 NE cor NEi 3 i I-II2 M. & D. Castein 10.00 8.00 2.00 SE cor SW cor 3 & 4 i l-l 13 * S. & R. Jubenvi 1 le 5.00 4.00 1.00 SWi SWi ex.pt. 4 49.: 75 l-l 14 D. Quel lotte 400.00 320.00 80.00 NEi SWi 4 50 I-II5 F. Quel lette 400.00 320.00 80.00 NEi 4 100 l-l 16 L. & M. Jubenvi 1 le 800.00 640.00 160.00 SWi SWi 5 50 l-l 17 E. & F.B. Carron 400.00 320.00 80.00 NEi SWi 5 50 I-II8 G. Quel lette 400.00 320.00 80.00 NEi 5 100 I-II9 A. St. Pierre 800.00 640.00 160.00 NW pt SEi N Stephenson Dr. I 54 1-126 Romeo Pinsonneault 430.00 344-00 86.00 43 Con. Lot or Pt. Lot Acres Affected Ow ner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 5 SE pt SEi Stephensor S. 1 Dr. 1 42.173 R. 1-127 & T. PInsonneau It 335.00 268.00 67.00 SEi 2 97.917 R. 1-128 Pinsonneault 784.00 627.20 156.80 SWi SWi SEi 3 25 G. 1-129 Del rue 200.00 160.00 40.00 NEi SWi SEi 3 25 E. 1-130 Del rue 200.00 160.00 40.00 NEi SEi 3 50 L. I-I3I & M. Jubenvi 1 le 400.00 320.00 80.00 SWi SEi 4 50 L. 1-132 Jubenvi 1 le 400.00 320.00 80.00 NEi SEi 4 50 R. 1-133 & T. Pinsonneau It 400.00 320.00 80.00 SWi SEi 5 50 A. 1-134 St. Pierre 400.00 320.00 80.00 NEi SEi 5 50 J. 1-135 P. Pinsonneault 400.00 320.00 80.00 SEi NWi 1 50 V. 1-136 &L. Duphette 400.00 320.00 80.00 NWi NWi 1 50 M. 1-137 & M. Klinard 400.00 320.00 80.00 SEi NWi 2 50 M. 1-138 & M. Roth 400.00 320.00 80.00 NWi NWi 2 50 J. 1-139 & F. Roth 400.00 320.00 80.00 NWi 3 100 J. 1-140 P. Pinsonneault 800.00 640.00 160.00 SWi NWi 3 50 R. 1-141 Pinsonneault 400.00 320.00 80.00 NEi NWi 4 50 A. 1-142 & J. St. Pierre 400.00 320.00 80.00 NWi 5 100 A. 1-143 St. Pierre 800.00 640.00 160.00 SEi SWi e> River Roac 1 6 48.6 2-001 Frank Gervais 390.00 312.00 78.00 NWi SWi 6 49.7 F. 2-00101 Gervais 400.00 320.00 80.00 Pt. 1 24R2I0 6 1/3 R. 2-00102 * & C DeHondt 5.00 4.00 1.00 SE pt NEi McFarlane SE Dr. 6 74 Wm 2-002 . Trudell 590.00 472.00 1 18.00 SW pt SWi 7 49.5 R. 2-003 Bel anger 395.00 316.00 79.00 NE pt SWi McFarlane SE Dr. 7 37 G. 2-004 & M. Pol key 295.00 236.00 59.00 Pt NE pt SWi NW McFarlane Dr. 7 15 A. 2-005 Trudel 1 120.00 96.00 24.00 SWi NEi SE McFarlane Dr. 7 30 J. 2-006 & J. Abram 240.00 192.00 48.00 NEi NEi SE McFarlane Dr. 7 29.5 P. 2-007 Vol lans 235.00 188.00 47.00 NE pt NEi McFarlane NW Dr. 7 27 R. 2-008 H. Bel anger 215.00 172.00 43.00 44 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leg.Grt. Assessment 1 SW 2/3 NW R.Rd 8 130 2-01 1 Bel leterro Farm 1 ,040.00 832.00 208.00 SE pt NE 1/3 ex pt. 8 7.4 B. 2-015 & T. Chfjriobois 40.00 32.00 8.00 NW pt NE 1/3 SE McFarlane Dr. 8 42 2-014 Bel leterre Farms 335.00 268.00 67.00 NW pt NEi NW McFarlane Dr. 6 24 B. 2-056 & M. TrudGJ . 195.00 156.00 39.00 PCB Pt. 1 RD 139 15 3/4 R. 7-057 * E. M;.ri:itt 10.00 8.00 2.00 SW pt ox RD 139 15 29.43 B. 2--058 & M. Trudel 1 235.00 188.00 47.00 NE pt Lot 15 & 14 62 B. 2-059 & M. Trudel i 310.00 248.00 62.00 All 12 & 13 40 A! 2-060 ptionse Trudel 1 200.00 160.00 40.00 Ail 11,10 & 9 61.5 H. 2-06 1 Bolangor 300.00 240.00 60.00 SWi 8 28.5 R. 2-C62 H. Bel anger 140.00 1 12.00 28.00 NEi 8 27 R. 2-06:. Bourassa 100.00 80.00 20.00 4 SVIi SWi 5 50 E. 2-300 Pet i or- 400.00 320.00 80.00 NEi SWi 6 50 C. 2-301 Foirier 400.00 320.00 80.00 SW 100' SWi NEi 6 = F. 2-302 * & R. Ji;berivi 1 le 10.00 8.00 2.00 SWi NEi ex pt. 6 49.5 2-303 Violc+ King 395.00 316.00 79.00 NEi NEi 6 50 F. 2-304 & N. Trudol i 400.00 320.00 80.00 SW pt SWi 7 40 J. 2-305 Raspburg 320.00 256.00 64.00 NE pt SWi 7 40 G. 2-305 & G. Kes-CQlyn 320.00 256.00 64.00 SW pt NEi & pt NE pt SWi 7 80 R. 2--07 & C. Bossy 640.00 512.00 128.00 NE pt & NEi 7 40 R. 2-308 & C. Pincon-oault 320.00 256.00 64.00 SWi SWi ex pt. 8 49.483 R. 2-309 & C. Pinsonneault 355.00 316.00 79.00 pt SWi SWi ox 1 Dt. 3 1 D. 2-/090 1 * & B. Johnrton 10.00 8.00 2.00 pt. NEi SWi 8 1/3 C. 2-310 Couture 5.00 4.00 1.00 NEi SWi ox pt 8 49.660 A. 2-3! i Couture 395.00 316.00 79.00 SWi NEi 8 50 B. 2-312 C. Eechfird 400.00 320.00 80.00 NEi NEi 8 50 1 . 2-313 Oourosc.i 400.00 320.00 80.00 SWi SWi 9 50 2-3 14' Ernest ".'no 400.00 320.00 80.00 45 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leg. Grt. Assessment 4 NEi SWi 9 50 F. 2-315 & M. Pinsonneault 400.00 320.00 80.00 SWi NEi 9 50 R, 2-316 400.00 C. F, & M. Pinsonneault 320.00 80.00 NEi NEi 9 50 E. 2-317 & R. King 400.00 320.00 80.00 SWi SWi ex SE cor 10 48 F. 2-318 & J. Raspburg 380.00 304.00 76.00 NEi SWi 10 50 A. 2-320 Caron 350.00 230.00 70.00 SWi II 100 R. 2-321 & C. King 650.00 520.00 130.00 SW pt NEi ox pt. 1 1 71 R. 2-322 Pinsonneault 425.00 340.00 85.00 NE pt NE pt SE pt ex SW cor. II 13.5 R.. 2-325 St Y. Pinsonneault 80.00 64.00 16.00 NE pt NE pt NW pt. 1 1 14 R. 2-326 Pinsonneault 85.00 68.00 17.00 SWi SEi 12 50 R.. 2-327 & Y. Pinsonneault 250.00 200.00 50.00 NEi SEi ex pt. 12 49.5 J. 2-328 M. Caron 240.00 192.00 48.00 NEi 10 100 E. 2-335 J. King 725.00 580.00 145.00 SWi NWi 12 50 R. 2-336 T. Pinsonneault 350.00 280.00 70.00 NEi NWi 12 49 F. 2-337 & M. Caron 290.00 232.00 58.00 5 SWi SEi 6 50 C. 2-350 & M. Lozon 400.00 320.00 80.00 SWi SWi SEi 7 25 C. 2-351 & M. Lozon 200.00 160.00 40.00 NEi SWi SEi ex pt. 7 23 A. 2-352 St. Pierre 185.00 148.00 37.00 W pt SE cor Ei 7 i R. 2-353 * & B. Couture 10.00 8.00 2.00 E pt SE cor Ei 7 1.526 R. 2-354 Couture 15.00 12.00 3.00 NEi SEi SE Given Road 7 47 R. 2-355 Couture 375.00 300.00 75.00 SE pt SWi SEi SE Given Rd. 8 41 J. 2-356 & B. Osuch 325.00 260.00 65.00 SWi SEi ex NWi Ac NW Given Rd. & SWi NEi SEi 9 74.25 H. 2-357 . & M. Mielczarok 600.00 480.00 120.00 NEi NEi SEi 9 25 H. 2-358 , Couture 200.00 160.00 40.00 SE pt NEi NWi SE Given Rd. 9 19.5 E. 2-359 , &. E. Couture 155.00 124.00 31.00 SWi SWi SEi 10 ■ 25 H. 2-360 , & M. Couture 200.00 160.00 40.00 NEi SWi SEi & pt NEi SEi SW Givon Road SW 10 63.5 E, 2-361 . & E. Couture 510.00 408.00 102.00 SWi NWi 7 40 CI e Couture 320.00 256.00 64.00 46 Con. Lot or Pt.Lot Acres Affected Ow ner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 5 NEi SEi ex pt. 6 48.74 C. 2-362 & M. Lozon 390.00 312.00 78.00 Pt. 1 RD 145 6 1.25 ' c. 2-363 R. & P. Lozon 15.00 12.00 3.00 NE pt SEi SE Given Road 8 43 P. 2-364 Dul isch Estate 345.00 276.00 69.00 SWi NWi 6 50 Ma 2-366 rio Dul isch 400.00 320.00 80.00 H£i NWi ex pt. 6 49.2 R. 2-367 Pinsonneault 395.00 316.00 79.00 Pt. NEi NWi ox pt. 6 .8 M. 2-368 & M. St. Pierre 10.00 8.00 2.00 SE pt SWi NWi 7 10 CI 2-369 ara Kendal 1 80.00 64.00 16.00 NE pt NEi NE Given Rd. 7 53 H. 2-370 St. Pierre 425.00 340.00 85.00 NW pt SWi SEi 1 Given Rd. "JW 8 9 L. 2-371 & L. Lozon 72.00 57.60 14.40 swi mi 8 50 C. 2-372 Bochard 400.00 320.00 80.00 NEi NWi & NW pt NEi SEi NW Given Rd. 8 57 P. 2-373 Dul isch Est. 455.00 364.00 91.00 NW cor SWi SEi NW Given Road 9 i M. 2-374 * St. Pierre 10.00 8.00 2.00 SWi NWi 9 49 W. 2-375 , J., & M Gobal 395 . 00 316.00 79.00 NW pt NEi NWi NW Given Rd. 9 30 W. 2-376 , J., & M.,Gebal 240.00 192.00 48.00 NW pt of Si Ni Pointe Rd. W Big 10 19.5 w. 2-377 J. & M. Gebal 155.00 124.00 31.00 NE pt Wi Ni ex Rd.lO 1 1 w. 2-378 & M. Gebal 90.00 72.00 18.00 Pt S Rd. Wi Ei Ni 10 3 V. 2-37801 & E. Tetrault 25.00 20,00 5.00 SW cor Wi Ei Ni 10 1 E. 2-379 Lozon 10.00 8.00 2.00 Ei Ei Ni 10 25 w. 2-380 & M. Gebal 200.00 160.00 40.00 NE pt Ei Si 10 11.75 w. 2-381 & M. Gebal 95.00 76.00 19.00 S pt Wi Ni W Bi Pointe Rd. ig 10 18.5 E. 2-382 & E. Couture 1 45 . 00 1 16.00 29.00 SEi II 100 G. 2-383 & R. Pinsonnoau It 700.00 560.00 140.00 SWi SEi 12 50 R. 2-384 Pinsonneault 300.00 240.00 60.00 NEi SEi 12 50 0. 2-385 & M. Pinsonneau It 300.00 240.00 60.00 6 NWi SEi 1 50 R. 5-001 Dorbeckor 400.00 320.00 80.00 SEi SEi 1 49.656 H. 5-002 & J. Kl Inard 395.00 316.00 79.00 NW 100' SEi SEi 1 1/3 5-00201 » Union Gas Ltd. 5.00 4.00 1.00 47 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leg.Grt. Assessment 6 SW 273' SWi SEi 2 .95 SWi SEi & SW pt NEi SEi ex pt 2 65.226 SW 162' NE 476.15 SW pt SEi 2 .8 Ct. pt. NEi SEi 2 25 NE pt NEi SEi SW pt SWi SEi 2 & 3 20 NE pt SWi SE & SW pt NEi SE ex pt. 3 68.34 Pts. I & 2 RD 206 3 1.90 NE pt NEi SEi ox E cor 3 20.6 E cor NE pt Nl SEi ex E cor 3 I.I SWi SEi 4 50 NEi SEi 4 50 SEi SEi 5 50 NWi SEi 5 50 SWi 6 100 NEi 6 100 SWi SEi 7 50 SWi NEi 7 50 NEi NEi 7 50 SWi 8 100 NEi SEi 8 50 SEi 9 100 SWi SEi 10 50 SWi SWi NEi SEi 10 12.5 NEi SWi NEi NEi NEi SEi SEi & 10 37.5 SWi SEi 1 1 50 NEi SEi II 50 SWi SEi 12 50 5-003 G. & A. Klein 10.00 5-006 Belieterre Farms 520.00 5-00601 * Patricia Lozon 10.00 5-007 J. & B. Osuch 200.00 5-008 S. & P. Czarnecki 160.00 5-009 R. & T. Pinsonncault 545.00 5-0090 1 Michael Klinard 5-015 R. & E. Charron 5-016 M. Gardiner 5-017 H. Dutka 5-018 S. 4 P. Evans 5-019 MIko Monyos 5-020 S. & P. Evans 5-021 R. & A. Lozon 5-022 H. Couture 5-023 F. & M. Couture 5-024 0. Couture 5-025 Vital Sterling 5-026 P. & A. Sterling 15.00 165.00 10.00 5-010 J. & R. Schuster 5-01 I » J. & R. Schuster 5-012 J. & K. Schertzer 400.00 5-013 Jean Pinsonneault 400.00 5-014 H. & J. Klinard 400.00 400.00 800.00 800.00 400.00 400.00 400.00 800.00 400.00 800.00 400.00 100.00 300.00 5-027 N. & M. Lotournoau 400.00 5-028 J. & W. Gebal 400.00 5-029 B. Carron 350.00 8.00 416.00 8.00 160.00 128.00 436.00 12.00 132.00 8.00 320.00 320.00 320.00 320.00 640.00 640.00 320.00 320.00 320.00 640.00 320.00 640.00 320.00 80.00 240.00 320.00 320.00 280.00 2.00 104.00 2.00 40.00 32.00 109.00 3.00 33.00 2.00 80.00 80.00 80.00 80.00 160.00 160.00 80.00 80.00 80.00 160.00 80.00 160.00 80.00 20.00 60.00 80.00 80.00 70.00 48 Con. Lot or Pt.Lol 1- Acres Affected Owner or Assessed Owner Total Assessment Est. Leq . Grt . Net Assessment 6 NEi SEi GX pt, , 12 48.757 5-030 0. & J. Del rue 325.00 260.00 65.00 SEi NW^ ex pt. , 1 49.46 5-032 Bel leterre Farms 395.00 316.00 79.00 SE 265.88' NW SEi NWi 529. 1 58» 1 5-033 * G.& M. Emrich 10.00 8.00 2.00 NW 263.71' SEi NWi 1 1 5-034 G. & K. Emrich 10.00 8.00 2.00 NWi NWi 1 50 5-035 F. Pinsonneault 400.00 320.00 80.00 SW pt NWi 2 10 5-036 » Dover Rod & Gun Club 80.00 64.00 16.00 NE pt NWi 2 90 5-037 * Gustaaf Blondeel 720.00 576.00 144.00 NWi 3 100 5-038 Gustaaf Blondeel 800.00 640.00 160.00 SWi NWi 4 50 5-039 L. Tetrault Est. 400.00 320.00 80.00 SWi NEi NWi 4 25 5-040 J.& M. Pinsonneault 200.00 160.00 40.00 NEi NEi NWi 4 25 5-041 G. & K. Mai 200.00 160.00 40.00 NWi NWi 5 50 5-042 J. P. & M.Pinsonneau It 400.00 320.00 80.00 SEi NWi 5 50 5-043 G. & K. Mai 400.00 320.00 80.00 SWi NWi 7 50 5-044 0. Couture 400.00 320.00 80.00 NEi NWi 8 50 5-045 0. & D. Couture 400.00 320.00 80.00 SW pt NWi SW R pt. Rd. 8 88 5-046 0. & B. Couture 705.00 564.00 141 .00 NE pt NWi NE R pt Rd. 9 10 5-047 J.& M. Couture 80.00 64.00 16.00 SWi NWi 10 50 5-048 J. & M. Couture 400.00 320.00 80.00 NEi NWi 10 50 5-049 E. Duquette 400.00 320.00 80.00 SWi NWi 1 1 50 5-050 W. Cadotte 400.00 320.00 80.00 NEi NWi II 50 5-051 J . Oue 1 1 ette 400.00 320.00 80.00 NWi 12 100 5-052 Oscar Del rue 700.00 560.00 140.00 NWi 13 99.463 5-053 G. 4 E. Del rue 600.00 480.00 120.00 7 SWi SEi 3 49.32 5-060 A. 4 R. Szymanski 400.00 320.00 80.00 NEi SEi 3 50 5-061 Adelard Tetrault 400.00 320.00^ 80.00 SWi SEi 4 50 5-062 A. & B. Tetrault 400.00 320.00 80.00 NEi SEi 4 50 5-063 Eclld Tetrault 400.00 320.00 80.00 49 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 7 SEi 5 100 5-064 Eel id Tetrault 800.00 640.00 160.00 NWi SEi 6 50 5-065 H. Kestelyn Est. 400.00 320.00 80.00 SEi SEi 6 48.84 5-066 S. Flodrowski 390.00 312.00 78.00 SWi SEi 7 50 5-067 D. Tetrault Est. 400.00 320.00 80.00 SEi 8 99.419 5-068 H.F. Couture 795.00 636.00 159.00 SWi SEi 9 49.417 5-069 P. & D. Martin 395.00 316.00 79.00 NWi NEi SEi ex pt. 9 23.75 5-070 P. & D. Martin 190.00 152.00 38,00 SEi NEi SEi ex Rd. 9 23.203 5-071 Raoul Martin 185.00 148.00 37.00 SEi SWi SEi 10 24.423 5-072 Raoul Martin 195.00 156.00 39.00 Ct. 1/3 NEi SEi 10 16.66 5-073 B. Mai lette 135.00 108.00 27.00 SW 1/3 NEi SEi 10 16.467 5-074 B. Mai lette 135.00 108.00 27.00 NE 1/3 NEi SEi 10 16.274 5-075 B. Mai lotte 135.00 108.00 27.00 SWi SEi II 49.424 5-076 J.,D,V, & A. Martir 1 395.00 316.00 79.00 NEi SEi II 49.423 5-077 A. & A. Martin 395.00 316.00 79.00 SEi SEi 12 48.87 5-078 V. Martin 340.00 272.00 68,00 NWi SEi 12 50 5-079 A. I^artin 350.00 280.00 70,00 Pts SW Rivard Drain 1 & 2 126.5 5-091 St. Lul^es Club 1,012.00 809.60 202.40 Pts. 1 & 2 24 R 639 2.89 5-092 G. & A. Klein 25.00 20,00 5.00 All NE Rivard Dr. 1 & 2 270.405 5-093 Snake Island Marsh 2,165.00 1,732.00 433.00 SWi NWi 3 50 5-094 A. Tetrault 400.00 320.00 80.00 SWi NEi NWi ex pt. 3 24.54 5-095 A. Tetrault 195.00 156.00 39.00 Pt. 3 i 5-096 * S. Tetrault 10.00 8.00 2.00 NEi NEi NWi 3 25 5-097 E. & C. Tetrault 200.00 160.00 40.00 SWi NWi 4 50 5-098 A. & A. Tetrault 400.00 320.00 80,00 SWi NEi NWi 4 25 5-099 A. & A. Tetrault 200.00 160.00 40.00 NEi NEi NWi ex pt. 4 24.65 5-100 0. & L. Tetrault 195.00 156.00 39.00 Pt.NEi NEi NWi 4 .35 5-10001 * J. & D. Nisson 5.00 4.00 1.00 50 Con. Lot or Pt.Lot Acres Owner or Assessed Total Est. Net Affected Owner Assessment Leg. Get. Assessment 7 SWi mi 5 49.507 5-101 D. & E. Laevens 195.00 156.00 39.00 Pt. I 24 RI232 5 .5 5-I0I0I * David Laevens 10.00 8.00 2.00 NEi mi ex pts.5 49.4 5-102 Charles Couture 395.00 316.00 79.00 Pt Ei Ni 5 .6 5-103 * Harvey Tetrault 10.00 8.00 2.00 SWi NWi 6 50 5-104 R. & E. Charron 400.00 320.00 80.00 NEi mi 6 50 5-105 R. Charron 400.00 320.00 80.00 NW pt on Ni Wi 7 .35 5-106 * Est. of L. Tetrault & H. Tetrault 5.00 4.00 1.00 SWi NWi ex pt. 7 49.75 5-107 0.4 C. Tetrault 395.00 316.00 79.00 NEi 7 100 5-108 F. & G. Caron 800.00 640.00 160.00 SWi SWi NWi 8 25 5-109 Charles Couture 200.00 160.00 40.00 NEi SWi NWi 8 25 5-||0 Harvey Couture 200.00 160.00 40.00 NEi NWi 8 50 5-1 I I F. Caron . 400.00 320.00 80.00 SW 52' SWi NWi 5-112 * 9 i V. & E. Tetrault 5.00 4.00 1.00 E pt on Wi Ni 5-1 13 * W.B.pt. Rd. 9 .50 M. & J. Marleau 10.00 8.00 2.00 SE pt SWi NW NW 5_I14 W.B.Pt, Rd. 9 15 H. Toulouse 120.00 96.00 24.00 NE pt SWi NWi 9 33 5-||5 H. Couture 265.00 212.00 53.00 NEi NWi 9 50 5-116 A. & M. Martin 400.00 320.00 80.00 SWi NWi & NWi 5-117 SWi SEi 10 75 H. Ouellette 600.00 480.00 120.00 5-118 V. & B. Mallette 400.00 320.00 80.00 5-119 H. & C. Louagle 400.00 320.00 80.00 5-120 W. A B. Hembree 400.00 320.00 80.00 NW* 12 100 5-121 A. & M. St. Pierre 700.00 560.00 140.00 6-083 J. Pinsonneault 175.00 140.00 35.00 6-084 Chappie Farms Ltd. 315.00 252-00 63.00 6-056 Chappie Farms Ltd. 315.00 252.00 63.00 8 NW cor Pt. SEi I 3.5 5-,l3| » E. Hamilton 40.00 32.00 8.00 NW pt SEi ex NW 5_I32 W, M, S. Royer 20.00 16.00 4,00 NEi NWi 10 50 SWi NWi I I 50 NEi NWi I I 50 NEi NWi 15 25 NWi NWi 16 45 SWi NWi 17 45 cor. I 51 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessnnent Est. Leq.Grt. Net Assessment 8 NE 150' SW 255' SEi 1 1/3 5-134 * P. & P. Hami Iton 10.00 8.00 2.00 S pt ex Lts. S Cor. 1 76 5-135 R. & M. Lucier 760.00 608.00 152.00 SWi SEi 2 50 5- 1 36 F. & D. Charron 400.00 320.00 80.00 SW 100' NE 447.3 SWi NEi SEi 2 1/3 5-13601 * L. & B. Lozon 10.00 8.00 2.00 SWi NEi SEi ex pts SE Toulouse Dr. 2 22.289 5-137 F. Lucier 180.00 144.00 36.00 SW 100' NE 255.3 SWi NEi SEi 2 1/3 5-13701 * G. & D. Robichaud 10.00 8.00 2.00 NE 100' SW 200' NEi NEi SEi 2 1/3 5-138 * Gerald Lucier 10.00 8.00 2.00 SW 100' NEi NEi SEi 2 1/3 5-13801 J . & G. Lucier 10.00 8.00 2.00 NEi NEi SEi ex pts. & pt SWi NEi SEi m Toulouse Dr. 2 26 . 3 1 2 5-139 D. & A. Lucier 210.00 168.00 42.00 NE 130' SW 512' SWi SEi 3 .6 5-140 * Yvonne Lucier 10.00 8.00 2.00 SWi SEi ex pt 3 49.4 5-141 Fol ix Lucier 390.00 312.00 78.00 Pt Ei Si 3 1/3 5-142 * 0. Lauzon 10.00 8.00 2.00 NEi SEi ex pt. 3 50 5-143 E. & P. Totrault 400.00 320.00 80.00 SWi SEi 4 50 5-144 Annie Tomen 400.00 320.00 80.00 NEi SEi ex pt. 4 49.5 5-145 G. Koekuyt 395.00 316.00 79.00 SW 105' NE 444' NEi SEi 4 .26 5-146 » L. & J. Tetrault 10.00 8.00 2.00 SWi SEi 5 50 5-147 C. & M. Van Hove 400.00 320.00 00.00 NEi SEi 5 50 5-148 Orvi 1 le Charron 400.00 320.00 80.00 W cor SWi SEi NW Toulouse Dr. 6 1 5-160 • C. & R. Myers 15.00 12.00 3.00 SW 100' SWi SEi 6 1/3 5-161 * 0. & L. Totrault 10.00 8.00 2.00 SWi SEi ex pts 6 43.75 5-162 G. Blondeel 390.00 312.00 78.00 NE 325' NEi SEi (RDI05) 6 1 5-163 * Wayne Myers 15.00 12.00 3.00 NEi SEi ex pt. 6 49 5-164 Wm. Burke 390.00 312.00 78.00 SEi 7 100 5-165 A. & M. DeBaero 800.00 640.00 160.00 SWi SEi ex RD 1059 8 49.312 5-166 Charles Couture 395.00 316.00 79.00 Pt 1 24 R 1059 8 3/4 5-16601 * Rita Couture 10.00 8.00 2.00 52 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est, Leq.Grt. Net Assessment 8 NEi SEi 8 50 5-167 F. & G. Caron 400.00 320.00 80.00 SWi SEi 9 50 5-168 H. & D. Couture 400.00 320.00 80.00 Nci SEi 9 50 5-169 L. & M. Poissant 400.00 320.00 80.00 SWi SEi 10 50 5- 1 70 M. Quel Ictte 400.00 320.00 80.00 NEi SEi ex pt 10 49.5 5-171 P. & D. Martin 395.00 316.00 79.00 NE 150' NEi SEi 10 .5 5-172 ^' B. A H. Howard 10.00 8.00 2.00 SWi SEi ox Rd. , II 48 5-173 Helen Bechard 390.00 312.00 78.00 NEi SEi 1 1 50 5-174 0. & M. Louagie 400.00 320.00 80,00 SWi SEi ex pt. 12 49.56 5-175 » W. & B. Hombroe 350.00 280.00 70.00 Pt. 12 1/3 5-176 * D. & 1 . Butler 10.00 8.00 2.00 Pt. . 12 2.7 5-177 * Caron Grain Ltd. 25.00 20.00 5.00 SE pt NEi SEi pt ex 12 !7.73 5-178 Gertrude Mayers 120.00 96.00 24.00 SE 1/3 NW pt NEi SEi ex pts. 12 8.83 5-179 Noo! la Roberts 60.00 48.00 12.00 Pt E Cor SIO Acrs. N 30 Ac Ei Si 12 2/3 5-180 G. & A. Lozon 10.00 8.00 2.00 Pt N cor S 10 N 30 Ac Ei Si Ac 12 .50 5-181 N. Roberts 10.00 8.00 2,00 NW 2/3 NW pt NEi SEi 12 19.797 5-182 H. Bagnal 1 160.00 128.00 32.00 SWi SEi ox pt SW Boyle Dr. 13 48.6 5-193 hJ. Bagnal 1 200.00 160.00 40.00 NWi Lt .1,2, &3 290 5-200 Big Pointe CLub 2,320.00 1,856.00 464,00 SWi NWi 4 50 5-202 CI i f ford Lauzon 400.00 320.00 80.00 NEi NWi 4 50 5-203 John Roberts et al 400.00 320.00 80.00 SWi SWi NWi 5 25 5-204 John Roberts 200.00 160.00 40.00 NEi SWi NWi & NEi NWi 5 75 5-205 0. & T. Lozon 600.00 480.00 120.00 SWi NWi 6 50 5-216 0. f. T. Lozon 400.00 320.00 80.00 NEi NWi 6 50 5-217 L. & J. Totrault 400.00 320.00 80.00 SWi NWi 7 50 5-218 A I mo Latiadio 400.00 320.00 80.00 NEi NWi 7 50 5-219 P. Pinsonneault 400.00 320.00 80.00 SWi SWi NWi ey pt. 8 21 5-220 P. P'nsonnoault 195.00 156.00 39.00 53 Con. Lot or Pt.Lot Acres Affected Ow ner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 8 NEi SWi NWi & pt SWi SWi NWi 8 26 P. Pi 5-221 nsonneault 205.00 164.00 41 .00 NEi NWi 8 50 P. Pi 5-222 nsonneault 400.00 320.00 80.00 SWi NWi 9 50 H. & 5-223 L. Quo! lette 400.00 320.00 80.00 NEi NWi 9 50 L. Be 5-224 jurgeois Est. 400.00 320.00 80.00 SWi NWi 10 50 D. sv 5-225 ' 1 va i n 400.00 320.00 80.00 NEi NWi 10 50 D. 5-226 Syl vain 400.00 320.00 80.00 SWi NWi & SE pt SW NWi SE Boyle Drain II i NEi 60 L. 5-227 Quo! Ictte 480.00 384.00 96.00 NW pt SWi NEi 1 NW Boyle Dr. MWi 1 1 ex pt 12.5 J. & 5-228 B. Robinson 100.00 80.00 20.00 NE 260' SWi NE NWi i 1 1 2.46 R. & 5-229 M. Drow 25.00 20.00 5.00 NEi NEi NWi II 25 VI etc 5-230 )r Mai lotto 200.00 160.00 40.00 NE cor Wi Ni 12 1 H. Sv 5-231 * ' 1 va i n 10.00 8.00 2.00 Pt on Wi Ni 12 .40 G. & 5-232 * 1 . Gagnon 5.00 4.00 1.00 SWi NWi ox pt 12 48 N. & 5-233 A. Benoit 335.00 268.00 67.00 RP Lots 594 26 & 27 3/5 L. & 5-234 • J . Brown 10.00 8.00 2.00 Lot 28 1/3 J . & 5-235 * K. Butlor 5.00 4.00 1.00 Lot 29 1/3 L. & 5-236 « A. Quel lotto 5.00 4.00 1.00 Ff 594 Al 1 & 587 25 1 .2 Twp. 5-237 * of Dover 10.00 8.00 2.00 Al 1 24 1/3 A. & 5-238 B. Daniel 5.00 4.00 1.00 All 23 .17 J. & 5-239 » V. Bel anger 5.00 4.00 1.00 All 22 ^7 L. 5-240 * Porreault 5.00 4.00 1.00 NW pt 30 .21 W. 5-241 * & Y. F»bb 5.00 4.00 1.00 Pt. 30 .22 L. & 5-242 * 1. Benoit 5.00 4.00 1.00 21 .18 L. & 5-24201 V. Etnory 5.00 4.00 1.00 Alt 20 .32 J. 5-243 * 3ono i t 5.00 4.00 1.00 19 .15 N. & 5-244 » A. Bono it 5.00 4.00 1 .00 8 Pt Lt ex pts 12 16.6! N. & 5-245 A. Benoit 1 15.00 92.00 23.00 18 .18 R. & 5-246 * L. Dulong 5.00 4.00 1.00 54 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leg.Grt. Assessment RP 587 17 .19 16 .18 15 .18 14 .21 13 .17 31 & 13 1/3 32 1/3 RP 587 & 594 RP 594 RP 587 SE pt Lot I I & pt 4 24 R 960 i RP 594 Block B 7 Pt. Dr. ^ RP 587 Pt Lt. II & 12 i SEi NEi NWi 12 25 SWi SEi 15 25 NEi SEi 15 50 SWi NWi 15 25 NEi NWi 15 50 SWi SEi 16 50 NEi SEi 16 50 SWi SWi SEi 17 25 NEi SWi SEi 17 20 NWi ex pt 16 99.5 NE 136.25' SW 521.25 NWi 16 i SWi NWi !7 40 Pt Lots 1, 2, 3 &4 337 SEi 5 100 SWi 6 100 NEi 6 100 Pt. 1 RD 94 Si Wi 7 1 5-247 * C. & E. Emery 5.00 5-248 * D. Alexander 5.00 5-249 S. & C. Trahan 5.00 5-250 » Elsie Demers 5.00 5-251 * R&D. Lozon 5.00 5-252 * J. Kookuyt 5.00 5-253 * R. & R. ftyers 5.00 5-254 * D. & A. Benoit 5.00 5-255 * S. & J. Laprlse 5.00 5-256 * A. Demers 5.00 5-276 R. Normandin 175.00 5-198 J. L. Pinsonneault 125.00 5-199 R. & G. DoDecker 300.00 150.00 300.00 300.00 300.00 150.00 120.00 590.00 10.00 250.00 Big Pointe CLub 2,700.00 2,160.00 540.00' 800.00 640.00 160.00 5-295 Orvi i lo Lucier 5-296 H. Marchand 6-106 A. & B. Faubert 6-107 Harold James 6-106 Lee Harris 6-10801 Robt. Harris 6-1 14 D. Cadotte 6-113 * G. Cadotte 6-115 * M. & G. Dovolder 5-301 5-302 0. & T. Lozon 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 4.00 140.00 100.00 240.00 120.00 240.00 240.00 240.00 120.00 96.00 472.00 8.00 200.00 1.00 1.00 I .00 1.00 1.00 1.00 1.00 I .00 1,00 1.00 35.00 25.00 60.00 30.00 60.00 60.00 60.00 30.00 24.00 118.00 2.00 50.00 5-303 R. & J. L'Ecuyor 800.00 640.00 160.00 5-304 R. & H. Cartier 5-305 » Joanne Gri f fore 800.00 10.00 640.00 160.00 8.00 2.00 55 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Net Owner Assessment Leq.Grt. Assessment 9 SEi SWi SEi ox : pt 7 24 5-306 B. Griffore 190.00 152.00 38.00 NWi SWi SEi ex pt. 7 24.6 5-307 A. & G. Bechard 195.00 156.00 39.00 Pt. 7 .4 5-30701 * Roland Bechard 10.00 8.00 2.00 NWi NEi SEi 7 25 5-308 Barney Griffore 200.00 160.00 40.00 SEi NEi SEi ex pt. 7 24 5-309 Almo Labadie 190.00 152.00 38.00 Pt on Si Ei Si 7 1 5-310 * Almo Labadie 10.00 8.00 2.00 SWi SEi ex pt 8 48.5 5-311 L. & L. Emery 390.00 312.00 78.00 NE 181.5' SWi SEi 8 ii 5-312 * Harvey Toulouse 15.00 12.00 3.00 NEi SEi SE Boyle Dr. 8 48 5-313 S. 4 M. Letourneau 390.00 312.00 78.00 SW pt SWi SEi Boyle Drain SE 9 23 5-314 Edna Brown 185.00 148.00 37.00 NE pt NEi SEi Boyle Drain SE 9 22.66 5-315 L. & H. Ouellette 185.00 148.00 37.00 NE pt SWi SEi pt NEi SEi SE Drain & SW Boyle 9 47 5-316 L. Caron 375.00 300.00 75.00 NE 80' NE pt NEi SEi 9 1/3 5-317 » J. & M. DeKievet 10.00 8.00 2.00 Pt. SWi pt 1 24R 1023 9 .9 5-31701 » J . & J . Grafiam 15.00 12.00 3.00 SWi ex pts 10 96.58 5-318 E. & V. Emery 775.00 620.00 155.00 SE pt SWi 10 2.5 5-319 » R.C. Corporation 20.00 16.00 4.00 Pt. SW cor Ei 10 2 5-320 D. Sylvain 15.00 12.00 3.00 Si Ei ex Church Land 10 45.5 5-321 L. & C. Rocians 365.00 292.00 73.00 SWi SWi II 50 5-322 A. Bourgeois 400.00 320.00 80.00 SW 264' NE 3/4 SEi II 7.5 5-323 M. & S. Gagner 60.00 48.00 12.00 SEi NE 3/4 ex II 69 5-324 0. & E. Cartior 550.00 440.00 110.00 ■^V.'i SWi SEi 12 25 5-325 H. Maletto 175.00 140.00 35.00 NEi SWi SEi 12 25 5-326 J. & B. L'Ecuyer 175.00 140.00 35.00 RP 518 Lot 2 i 5-32-' * Ste! !o Oelanghe 5.00 4.00 1.00 3 1/6 5-328 * C. & H. Cheval ier 5.00 4.00 1.00 1 II 5-330 R. & R. Trahan 65.00 52.00 13.00 56 Let or Pl.Lot Acres Cwr.or o- /"jsojsad Total Est. Net Aj_f GC V d Cr,-/ r-ir Assessment Leq.Grt. Assessment 0. & B. Couture 90.00 n. .: I.. Myers 90.00 0. n. ?,. Couture 120.00 ■j~Z5 ! Or^ i ' io Luc!er 150.00 5-352 E. c P. Caron 300.00 5-584 E. & P. Caron 700.00 7-02 ; Bisl.op Farms Ltd. 350.00 7-022 Bishco Farms Ltd. 350.00 7-023 • . -i M. Capiau 60.00 5-36! t'l. Lozon 600.00 5-362 Mar, con Lozon 200.00 5-353 Henry Gr if fore 200.00 5-364 Honr/ Grit fore 200.00 5-365 Alvln Griff ore 395.00 0. & B. Lo^on 10.00 3-0'j7 K. & S. Vcurg 200.00 3-333 Terre-du-Lac Farms 200.00 I'E^ KW5 NW Boylo 5-369 0-nin P. 52 Torro-Jj-Lac Far:ns 415.00 SV; pt SWi NWi 3-370 fK Qoyle Dr. 9 27 L. 3, V- Poissant 215.00 NE pt 'AF.i HYIi K\: 5-371 Ooyle Dr. 9 27 V.', ?. B. Denoit 215.00 K£ p;- SWi NWi & S',; pt NEi mi NW 5-372 Boyie Dr. 9 5? W. Bc-,oit 425.00 M£i NvH 10 50 3--373 0. Emery 400.00 NWi NE 3/4 ex 5-374 '■■(■ li 73 0.8, E. C-jrtior 600.00 NE 124' SW 1497' 5--375 NWi NE 3/4 II i/' E. & D. Boulley 10.00 NWi ex pt 12 99.65 5-375 0. & E. CsrtiGr 700.00 Pt I 24 R646 12 '/"i 5-376C>l « S. Stef ina ot al 10.00 K'r.i Sti ex pt. 14 15 NEi NWi 14 15 CWi SWi SEi 15 20 r;ci S'.Vi SEi 15 25 NEi SEi 15 50 NWi 15 ;oo SWi NWi 16 50 NEi NWi i 6 50 NEi NWi 27 lO 9'li NWi & SEi Nti NWi 5 75 NWi NEi NWi 5 25 NWi SEi NWi 5 25 SEi SWi NWi 5 25 NEi NWi ex pt. 7 49 NE pt NW Boyle Drain 7 1 SWi SWi NWi 8 25 uEi SWi NWi 8 25 72.00 18.00 72.00 18.00 96.00 24.00 120.00 30.00 240.00 60.00 560.00 140.00 280.00 70.00 280.00 70.00 48.00 12.00 480.00 120.00 160.00 40.00 160.00 40.00 160.00 40.00 316.00 79.00 8.00 2.00 160.00 40.00 160.00 40.00 332.00 83.00 172.00 43.00 172.00 43.00 340.00 85.00 320.00 80.00 480.00 120.00 8.00 2.00 560.00 140.00 8.00 2.00 57 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Est. Not Owner Assessment Log. Grt. Assessment 10 Lts. 2, 3, 4, & pt. 6 5, 200 5-391 Big Pointo Club 1,600.00 SWi SEi 6 50 5-392 R.& J. L'Ecuyor & DVA 400.00 NEi SEi 6 50 5-393 OvI la Lozon 400.00 Wi ex pt N. Boyle Dr. 7 99 5-394 Al vin Gri f fore 790.00 S pt Si 7 37.5 5-395 Dale Emory 300.00 SEi 8 100 5-396 OdI las Emery 800.00 SWi SEi 9 50 5-397 L. & V. Polssant 400.00 SWi NEi SEi 9 23.33 5-398 Wl 1 f rod Bono it 185.00 NEi NEi SEi 9 25 5-399 Terrc-du- Lac Farms 200.00 SWi SEi 10 50 5-400 Orvi 1 Ig Cartier 400.00 SWi NEi SEi 10 25 5-401 Thoode Emery Est. 200.00 NEi NEi SEi 10 25 5-402 0. Cartior Est. 200.00 SWi SEi II 50 5-403 Dorsey Labadio 400.00 SWi NEi SEi II 25 5-404 W. Cartier 200.00 NEi NEi SEi II 25 5-405 Ado lard Brown Est. 200.00 SWi SWi SEi 12 25 5-406 NE 3/4 SEi ox pt 12 40 Adelard Brown Est. 200.00 5-407 V. & B. Lotournoau 300.00 ,280.00 320.00 320.00 80.00 320.00 80.00 632.00 158.00 240.00 60.00 640.00 160.00 320.00 80.00 148.00 37.00 160.00 40.00 320.00 80.00 160.00 40.00 160.00 40.00 320.00 80.00 160.00 40.00 160.00 40.00 160.00 40.00 240.00 60.00 NE cor NWi N Boyle Dr. 7 1 5-414 Big PointG Club 10.00 8.00 2.00 NW pt NEi NWi 7 7.677 5-415 0. & L. Tetrault 60.00 48.00 12.00 Pt. NI2i Ac Ei 7 3 5-416 D. Hobert 25.00 20.00 5.00 N 59i Ac ex N Ac Ei I2i 7 47 5-417 Leo Lauzon 375.00 300.00 75.00 SWi NWi ex Rd 8 48 5-418 Henry Myers Est. 380.00 304.00 76.00 NEi NWi 8 49 5-419 Hector Myers 390.00 312.00 78.00 SWi SWi NWi & NEi SWi NWi NWi 9 30.5 5-420 Hector Myers 245.00 196.00 49.00 Pt. on Wi Wi h ii 9 1/3 5-421 * L. & A. Myers 10.00 8.00 2.00 SWi NEi NWi & NEi SWi NWi SEi 9 37.5 5-422 M. L'Ecuyor 300.00 240.00 60.00 NEi NEi NWi 9 26 5-423 Jacob Cartier 210.00 168.00 42.00 58 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leq. Grt. Net Assessment 10 SWi SWi NWi 10 25 5-424 Jacob Cartler 200.00 160.00 40.00 NE 3/4 NWi 10 75 R. 5-425 A. Cartior 600.00 480.00 120.00 SWi NWi 1 1 50 R. 5-426 A. Cartier 400.00 320.00 80.00 NEi NWi 1 1 50 5-427 Anna Brown 400,00 320.00 80.00 NWi SWi NWi 12 25 D. 5-428 Brown Est. 175.00 140.00 35.00 NWi NEi NWi 12 25 V. 5-429 & 1 . Domers 175.00 140.00 35.00 SEi NWi 12 30 A. 5-430 Brown Est. 200.00 160.00 40.00 NW pt SEi 13 20 S. 8-001 V. Lotournoau 150.00 120.00 30.00 SWi SEi 14 20 H. 8-005 A. Myers Est. 150.00 120.00 30.00 NEi SEi 14 40 B. 8-006 Emory 275.00 220.00 55.00 SEi 15 100 J. 8-007 Caron 700.00 560.00 140.00 NWi 13 100 L. 8-008 Lotournoau 700.00 560.00 140.00 SWi NWi 14 50 V. 8-009 & 1 . Demers 350.00 280.00 70.00 NEi NWi 14 50 8-010 Bishop Farms Ltd. 350.00 280.00 70.00 NWi ex pt. 15 90 A. 8-01 1 & R. Couture 600.00 480.00 120.00 SWi SWi NWi 16 10 7-058 Arsond Couture 50.00 40.00 10.00 SWi SEi ex pt. 16 49.66 A. 7-037 & D. Emory 340.00 272.00 68.00 NEi SEi 16 25 R. 7-038 & L. Myors 175.00 140.00 35.00 SW 122.5' NW SWi SEi 122.5' 16 1/3 R. 7-036 » & L. Quoi lotto 10.00 8.00 2.00 1 1 SEi 6 & 7 1 10 Bi 8-016 g Pointe Club 880.00 704.00 176.00 SWi SEi 8 50 D. 8-017 & Y. O'Noil 400.00 320.00 80.00 NEi SEi 8 50 N. 8-018 L'Ecuyor 400.00 320.00 80.00 SWi SEi 9 50 N. 8--0I9 L'Ecuyer 400.00 320.00 80.00 NEi SEi 9 50 R. 8-020 & N. Cartier 400.00 320.00 80.00 SEi 10 100 R. 8-021 & H. Cartier 800.00 640 ,00 160.00 SW 3/4 SEi II 75 L. 8-022 & R. Domers 600.00 480.00 120.00 NE4 SEi II 25 C. 8-023 Brown 210.00 160.00 40.00 59 Con Lot or Pt .Lot Acros Affected Owner or Assessed Owner Total Assessment Est. Leq. Grt. Net Assessment II SWi SEi 12 50 8-024 Clemence Brown 400.00 320.00 80.00 NEi SEi ox pt. 12 49.655 8-025 D. Brown Est. 390.00 312.00 78,00 NW 150 00' SE 233.29' NE of NEi SEi 12 1/3 8-02501 * C. & M. Brown 10.00 8.00 2.00 SEi 13 100 8-026 Henry Couture 700.00 560.00 140.00 SEi 14 50 8-027 P. Pinsonneault 350.00 280.00 70.00 SEi 15 10 8-028 S. McDonald & V. Lusk 50.00 40.00 10.00 RP 409 Lot 1 Ni Lot 2 pt Lot SW 4 .5 8-029 » Donald Rakus 250.00 200.00 50.00 7 .03 8-030 * Ben Jacobs 25.00 20.00 5.00 All 5 4 6 .67 8-031 * Donald Rakus 190.00 152.00 38.00 NE pt 4 .11 8-032 » Donald Rakus 100.00 80.00 20.00 NE pt 3 .1 1 8-034 * Jacob Bourdeau 100.00 80.00 20.00 Pt ,2,3, &4 1.0 8-035 * S. & P. Vincent 300.00 240.00 60.00 All 21, 22 23 , & 24 1.33 8-038 » Sam Dinsmore 200.00 160.00 40.00 II Pt ex lots 8 93.847 8-039 Bay Lodge Inc. 800.00 640.00 160.00 RP 409 Al 1 8 & 9 .55 8-051 * Donald Rakus 126.00 100.80 25.20 10 .22 8-052 » R. Nowak 50.00 40.00 10.00 II .22 8-053 * L. Prof Ota 50.00 40.00 10.00 SWi 12 .11 8-054 * L. Prof Ota 25.00 20.00 5.00 NEi Lt 12 & SW I Lt 13 .16 8-055 * A. & P. Prof Ota 40.00 32.00 8.00 NE 3/4 13 .16 8-056 * Bonnie Lozon 40.00 32.00 8.00 14 .22 8-057 » T. & S. Paczoncy 50.00 40.00 10.00 SWi 15 .11 8-058 * D. & R. Bochard 25.00 20.00 5.00 NEi 15 .11 8-059 * Y. & G. Laliborte 25.00 20.00 5.00 16 .22 8-060 * H. & V. Mail loux 50.00 40.00 10.00 17 .22 8-061 » W. & M. McGavin 50.00 40.00 10.00 SWi 18 .4 8-062 » A. 1 rwin 25.00 20.00 5.00 NEi 18 .1 1 8-063 * A. Irwin 25.00 20.00 5.00 60 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Owner Total Assessment Est. Leg. Grt. Not Assessment RP 19 & 20 409 .44 8-064 * R. Vandermerglo 100.00 80.00 20.00 II Pt S of RP 409 8 1.32 8-065 * D. Rakus 300.00 240.00 60.00 NE cor UEi 8 1.00 8-076 * Lawrence Lozon 100.00 80.00 20.00 NWi 9 & 10 200 8-077 » H, R, & K. Rex 1,600.00 1,280.00 320.00 NWi II 100 8-078 L. & D. Griffore 800.00 640.00 160.00 NWi NWi 12 50 0-079 Alvin Griffore 400.00 320.00 80.00 SEi NWi 12 50 8-080 Alvin Gri f fore 400.00 320.00 80.00 mi 13 100 8-081 J. & R. Demers 700.00 560.00 140.00 NWi ex pt 14 65 8-082 Chatelaine Farms 450.00 360.00 90.00 ? Pt SEi SEi II .5 8-092 » A. & C. Emory 10.00 8.00 2.00 SEi SEi ex pt. II & 12 96.709 8-093 C. & G. Griffore 760.00 608.00 152.00 NW 100' of NE 146' SEi SEi 12 1/3 0-094 » D. & S. Carrol 1 10.00 8.00 2.00 NWi SEi ex pt. II & 12 99 8-095 A. & Y. Griffore 790.00 632 . 00 158.00 Pt. 1 RD 262 12 1 8-096 R. & B. Jacques 10.00 8.00 2.00 SWi SEi 13 49 8-097 Goorgo Lozon 390.00 312.00 78.00 NEi SEi 13 50 8-098 Harold Burko 400.00 320.00 80.00 Ct pt SE pt SE Rankin Crook 14 15 8-099 H. Quel lotto 90.00 72.00 18,00 SW pt SE pt SE Rankin Creek 15 41 8-102 A. & J. Aerts 275.00 220.00 55.00 Pt NWi 10 .69 8-219 * J. M. Moffat Ent. 125.00 100.00 25.00 All ex 1 ts . & W 16 Ac. 10 148.39 8-218 L. Pinsonnoault 1.200.00 960.00 240.00 NW part 1 1 12.43 8-286 » Dover Township 200.00 160,00 40,00 SW 145' NE 1302.13 SE 300' II 1.00 8-287 * M. & G. Dobio 20.00 16.00 4.00 SW 50' NE 1157.13 SE 148' II 1/5 8-288 » M. & G. Dobie 5.00 4.00 1.00 SW 50' NE 1107.13 SE 148' II 1/5 8-289 » M. & G. Debio 5.00 4.00 1.00 SW 100' NE 1057.13' SE 148' II 2/5 8-290 « D. Baumgardonor 10.00 8.00 2.00 SW 48' NE 957.13' SE 148' II 1/5 8-291 * C. & M. Sautcr 5.00 4.00 1,00 SW 52' NE 909. 13' SE 148' II 1/5 8-292 * R. Bochard 5.00 4.00 1.00 61 Cor Lot or Pt.Lot Acros Affoctod Ov. ner or Assessed Owner Total Assessment Est. Leq.Grt. Net Assessment 12 SW 150' NE 857.13' SEI48' II 3/5 B. 8-293 * Hubbard 15.00 12.00 3.00 SW 100' NE707.I3' SE 148' II 2/5 R. 8-294 * & J. Wigchort 10.00 8.00 2.00 SW 100' NE 607.13' SE 148' II 2/5 J. 8-295 * & A. Carbonneau 10.00 8.00 2.00 SW 250' NE 507. 13' SE 148' II 1 W. 8-296 * & T. 01 sen 25.00 20.00 5.00 SW lOT NE 257.13' SE 148' II 2/5 R. 8-297 Boychuk 10.00 8.00 2.00 SW 66' NE 157.13' SE 148' II .22 8-298 Dover Township 10.00 8.00 2.00 NW^ ox Park 1 1 82.44 L. 8-299 Pinsonneaul t 660.00 528.00 132.00 NE 91 .13 pts of NW pt II ex RP 419 II .31 M. 8-300 * & J. Carrol 1 10.00 8.00 2.00 RP 419 SW 297' 1 1.35 E. 8-301 * Dun lop Estate 30.00 24.00 6.00 NE pt 1 & SW 1 & H pt 4 .41 Hu 8-302 » gh Turner 10.00 8.00 2.00 Ct pt. H .45 J. 8-303 * & B. Potts 10.00 8.00 2.00 NE pt. H i M. 8-304 « Urquhart 10.00 8.00 2.00 12 NE cor NW^ mi 12 .95 F. 8-305 « Hel logards 10.00 8.00 2.00 mi mi ex pt. 12 48 L. 8-306 Pinsonnoault 385.00 308.00 77.00 SEi mi 12 50 E. 8-307 Dun lop Estate 400.00 320.00 80.00 SEi mi 13 30 8-104 Ross Dun lop 210.00 168.00 42.00 mi mi 13 40 0. 8-105 & V. Burke 280.00 224.00 56.00 13 NW pt NE pt SEi M 12.607 Hi 8-358 1 1 iard Al len 100.00 80.00 20.00 Part 24 R 603 II .06 8-35801 » 10.00 Ministry of Environment 8.00 2.00 RP 419 Lot K ex 24 R 603 K 7.043 Hi 8-359 1 1 iard A II en 60.00 48.00 12.00 Pt. J .71 R. 8-392 * & G. Prezocki 20.00 16.00 4.00 Pt SW 40' NE 193.5 J .20 W. 8-394 * Van Ooston 10.00 8.00 2.00 Pt SW 80' NE 353.5 J .40 E. 8-395 * & A. McFadden 20.00 16.00 4.00 Pt. SW 80' NE 273.5' J .40 R. 8-396 * Boychuk 20.00 16.00 4.00 Pt. SW 80' J .40 H. 8-397 * & E. Brown 20.00 16.00 4.00 RP 235 Al 1 Lots 1 & 50 .80 Wm 8--406 * . Kel lor 20.no 16.00 4.00 Al 1 2 .2 H. 8-407 * & B. Lozon 10.00 8.00 2.00 62 Con. Lot or Pt.Lot Acres Affected Owner or Assessed Total Owner Assessment Est. Net Leg. Grt. Assessment RP 235 Al 1 49 .2 Lt 3 & NEi Lot 4 4 .30 Lt 48 & NEi Lot 47 .30 Lts. 5 & 46 SW pts. Lts. & 4 to 47 .60 6 & 7 .40 Lt 45 & NEi 44 8 .30 1/5 Lt. 43 & SW pt 44 .30 Lts. 9, 10, 41 & 42 4/5 Lts. I I & 40 .4 Lts. 12, 13, 30 &39 .8 Lts. 14 to 37 .4 Lts. 15, 16, 35 & 36 .8 Lts. 18 & 33 .44 Lts. 17 & 34 .4 Lts. 19, 20, 21, 30, 31, & 32 1.20 Lot 28 .25 Lot 29 .20 Lots 22 & 23 .4 Lot 24 .2 Lot 27 .2 Lots 25 & 26 .4 RP SE 1/3 M .09 419 NW 2/3 M .10 Lot G .35 NW pt G .10 SW 66' F .32 0-408 * J. & G. Thompson 8-409 * 10.00 M. Temp 1 eton 8-410 * 15.00 T. McDona 1 d 8-411 * 15.00 B. Tewkesbury 8-412 * 15.00 N. Mi los 8-413 * 15.00 E. & C. Brown 8-414 * 15.00 W. & N. Knight 8-415 * 10.00 R. & L. King 8-416 » 15.00 L. Dun (op 8-417 » 20.00 W. & B. Hembree 8-418 * 15.00 c. & C. Burden 0-419 * 20.00 p. & N. MacDonald 8 •420 * 15.00 c. Winter 8-421 * 20.00 J. & 0. Crawford 8-422 * 15.00 E. & M. Simpson 15.00 8-423 * 25.00 Ri chard Wall ^ ^ ^ o < 3 cr a> •-t o o Oo < t\j <: l«^ >0 3 cr 3 en 1— >• S -^ ^ o ^ ^ -J rD BILL Pr4 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the County of Peterborough Mr. Turner TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr4 1977 An Act respecting the County of Peterborough WHEREAS by letters patent under the Great Seal of the Preamble Province of Ontario dated the 12th day of May, 1847 the Council of the District of Colborne was granted certain lands in the Town of Peterborough, in the County of Peter- borough, in the District of Colborne, for the use of the district gaol and court house ; and whereas that part of the said lands described in clause 4 of the agreement forming part of the by-law set forth in the schedule hereto are no longer required for the uses and purposes of the gaol and court house of the County of Peterborough ; and whereas The Corporation of the County of Peterborough is desirous of conveying the lands described in the said clause 4 free from the trusts or con- ditions contained in the said letters patent and hereby applies for special legislation to authorize such conveyance; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1, — (1) The council of The Corporation of the County of ^T^^ass Peterborough is hereby authorized to pass By-Law Number by-iaw 28-1976, as set forth in the Schedule hereto, to enter into the conveyance agreement set forth in the schedule to the said by-law and to convey the lands described in clause 4 of the said agreement. (2) That part of Lot 7 north of Brock Street and east TjUe^^^^^ of Water Street in the City of Peterborough in the County of Peterborough, described in the letters patent under the Great Seal of the Province of Ontario dated the 12th day of May, 1847 and which may be more particularly described as Part 4 on a plan deposited in the Land Registry Office for the Registry Division of Peterborough (No. 45) as Plan 45R-2345 is hereby vested in The Corporation of the County of Peterborough in fee simple free from any trust or condition contained in the said letters patent. ment"^°°^' ^* '^^^^ Act comes into force on the day it receives Royal Assent. Short title 3. The short title of this Act is The County of Peterborough Act, 1977. SCHEDULE By-law Number 28-1976 A By-law to authorize an agreement between the Corporation of the City of Peterborough, the Corporation of the County of Peter- borough and the Peterborough Hydrauhc Power Company Limited THE CORPORATION OF THE COUNTY OF PETERBOROUGH BY THE COUNCIL THEREFORE ENACTS AS FOLLOWS: 1. That the Corporation of the County of Peterborough enter into the agreement with the Corporation of the City of Peterborough and the Peterborough Hydraulic Power Company Limited set forth as a schedule to this by-law and the Warden and Clerk are hereby authorized and directed to sign and affix the seal of the Corporation thereto. Read a First and Second Time this 1st day of December, 1976. Geo. H. Graham, Warden. W. D. Armstrong, Clerk. Read a Third Time and finally passed this day of 1977. Warden. Clerk. Schedule to By-law 28-1976 This Agreement made in triplicate this 1st day of October, A.D., 1976. Between : The Corporation of the City of Peterborough, hereinafter called the "City" of the First Part, — and — The Corporation of the County of Peterborough, hereinafter called the "County" of the Second Part, — and — The Peterborough Hydraulic Power Company Limited, hereinafter called "Hydraulics" of the Third Part. Whereas the purpose of this agreement is to provide for the connection of the Canadian Pacific Railway (herein called C.P.R.) spur line serving the Quaker Oats Co. of Canada Ltd. plant in Peterborough from the south and the Canadian National Railway (herein called C.N.R.) spur line serving the said plant from the north in order to permit the removal of that part of the C.N.R. main line from Peterborough to Lake field between Brock Street and the east end of the Auburn Dam. Now Therefore This Agreement Witnesseth that in consideration of the premises and other good and valuable consideration the parties hereto hereby agree as follows : 1. The City will, by by-law, close those parts of Dickson Street, Murray Street and Brock Street shown as Parts 1, 3 and 5 on a plan deposited in the Registry Office for the Registry Division of Peterborough (No. 45) as Plan 45R2345. 2. The City will thereupon convey said Part 1 to the County and said Parts 3 and 5 to Hydraulics without charge. 3. Hydraulics will convey Part 2 on the said plan to the County without charge. 4. The County will convey Part 4 on the said plan to Hydraulics without charge. 5. Hydraulics will permit C.N.R. to construct a single track rail line on the land lying to the east of the east limits of said Parts 2 and 5 to connect the said C.P.R. spur line to the said C.N.R. spur line on terms satisfactory to C.N.R. and C.P.R. 6. This agreement shall not be binding on any of the parties unless and until the City enters into an agreement with C.N.R. to provide for the construction of the rail line referred to in para. 5 and the removal of that part of the main line referred to in the recital. In Witness Whereof the Parties hereto have hereunto affixed their respective Corporate Seals duly attested by their proper officers. The Corporation of the City of Peterborough The Corporation of the County of Peterborough The Peterborough Hydraulic Power Company Limited ba H Si- iz: o < CNi O) •-^ B cr CD S) S^ S) §- ST- ^' c^ Oo n o > c 3 3 > ^ n r-t- O >— K ►1 n> •Td C/) a> X5 r-t- fD a> O -t 1-+ o 5' orq o d orq cr BILL Pr4 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the County of Peterborough Mr. Turner TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr4 1977 An Act respecting the County of Peterborough WHEREAS by letters patent under the Great Seal of the Preamble Province of Ontario dated the 12th day of May, 1847 the Council of the District of Colborne was granted certain lands in the Town of Peterborough, in the County of Peter- borough, in the District of Colborne, for the use of the district gaol and court house ; and whereas that part of the said lands described in clause 4 of the agreement forming part of the by-law set forth in the schedule hereto are no longer required for the uses and purposes of the gaol and court house of the County of Peterborough ; and whereas The Corporation of the County of Peterborough is desirous of conveying the lands described in the said clause 4 free from the trusts or con- ditions contained in the said letters patent and hereby applies for special legislation to authorize such conveyance; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1.— (1) The council of The Corporation of the County of council i->,ii-i 1 i-i -.-.T -VT, may pass Peterborough is hereby authorized to pass By-Law Number by-law 28-1976, as set forth in the Schedule hereto, to enter into the conveyance agreement set forth in the schedule to the said by-law and to convey the lands described in clause 4 of the said agreement. (2) That part of Lot 7 north of Brock Street and eastTmehi^^ of Water Street in the City of Peterborough in the County of Peterborough, described in the letters patent under the Great Seal of the Province of Ontario dated the 12th day of May, 1847 and which may be more particularly described as Part 4 on a plan deposited in the Land Registry Office for the Registry Division of Peterborough (No. 45) as Plan 45R-2345 is hereby vested in The Corporation of the County of Peterborough in fee simple free from any trust or condition contained in the said letters patent. 2 Commence- 2. This Act xomes into force on the day it receives Royal Assent. Short title 3, Xhe short title of this Act is The County of Peterborough Act, 1977. SCHEDULE By-law Number 28-1976 A By-law to authorize an agreement between the Corporation of the City of Peterborough, the Corporation of the County of Peter- borough and the Peterborough Hydraulic Power Company Limited THE CORPORATION OF THE COUNTY OF PETERBOROUGH BY THE COUNCIL THEREFORE ENACTS AS FOLLOWS: 1. That the Corporation of the County of Peterborough enter into the agreement with the Corporation of the City of Peterborough and the Peterborough Hydrauhc Power Company Limited set forth as a schedule to this by-law and the Warden and Clerk are hereby authorized and directed to sign and affix the seal of the Corporation thereto. Read a First and Second Time this 1st day of December, 1976. Geo. H. Graham, Warden. W. D. Armstrong, Clerk. Read a Third Time and finally passed this day of 1977. Warden. Clerk. Schedule to By-law 28-1976 This Agreement made in triplicate this 1st day of October, A.D., 1976. Between : The Corporation of the City of Peterborough, hereinafter called the "City" of the First Part, — and — The Corporation of the County of Peterborough, hereinafter called the "County" of the Second Part, — and — The Peterborough Hydraulic Power Company Limited, hereinafter called "Hydraulics" of the Third Part. Whereas the purpose of this agreement is to provide for the connection of the Canadian Pacific Railway (herein called C.P.R.) spur line serving the Quaker Oats Co. of Canada Ltd. plant in Peterborough from the south and the Canadian National Railway (herein called C.N.R.) spur line serving the said plant from the north in order to permit the removal of that part of the C.N.R. main line from Peterborough to Lakefield between Brock Street and the east end of the Auburn Dam. Now Therefore This Agreement Witnesseth that in consideration of the premises and other good and valuable consideration the parties hereto hereby agree as follows : 1. The City will, by by-law, close those parts of Dickson Street, Murray Street and Brock Street shown as Parts 1, 3 and 5 on a plan deposited in the Registry Office for the Registry Division of Peterborough (No. 45) as Plan 45R2345. 2. The City will thereupon convey said Part 1 to the County and said Parts 3 and 5 to Hydraulics without charge. 3. Hydraulics will convey Part 2 on the said plan to the County without charge. 4. The County will convey Part 4 on the said plan to Hydraulics without charge. 5. Hydraulics will permit C.N.R. to construct a single track rail line on the land lying to the east of the east limits of said Parts 2 and 5 to connect the said C.P.R. spur line to the said C.N.R. spur line on terms satisfactory to C.N.R. and C.P.R. 6. This agreement shall not be binding on any of the parties unless and until the City enters into an agreement with C.N.R. to provide for the construction of the rail line referred to in para. 5 and the removal of that part of the main Hne referred to in the recital. In Witness Whereof the Parties hereto have hereunto affixed their respective Corporate Seals duly attested by their proper officers. The Corporation of the City of Peterborough The Corporation of the County OF Peterborough The Peterborough Hydraulic Power Company Limited w o O :z: m (i o o o < CD <-n n> t\i a> »>^ 3 ^ 3 5^ 3 a* 05 >3 a> o & vo S) vO Si <-h ^ i-t- ?i- (-^ ?^ cr ET p' I-* (yQ 1— ' c^ \0 0r<5 ^ ^O >-j ^ ^ ■^ ^ ^ cr c 3 3 <->■ > "< o t-t- o t-K <-t a> T) w a> X) <-*■ a> n n "I <-•■ cr o 5" o c OQ sr BILL Pr5 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Village of Port McNicoll Mr. Smith (Simcoe East) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr5 1977 An Act respecting the Village of Port McNicoU WHEREAS The Corporation of the Village of Port P^-^^^^^ie McNicoll hereby applies for special legislation in respect of the matters hereinafter set forth ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The lands set forth in the Schedule hereto are hereby ^e*8ted m vested in The Corporation of the Village of Port McNicoll vmage of with an absolute title in fee simple free of and clear from mcnicoh any right, title and interest other than that of the Corporation. 2. This Act comes into force on the day it receives Royal m°ent"^°°^" Assent. 3. The short title of this Act is The Village of Port McNicoll short title Act, 1977. SCHEDULE All and singular those certain parcels or tracts of lands and premises situate lying and being in the Village of Port McNicoll, in the County of Simcoe and Province of Ontario and being composed of Lots 243, 258, 308 and 309 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan 544, the northerly 104 feet throughout from north to south in perpendicular width of Lot 280 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan Number 558; Lots 773, 774, 973 and 1480 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan Number 569 and Lot 309 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan Nuinber 600. to CO g H K 3 n O (T) w P5 >i S) I' :z: o < t\J O) ►-«» 1 3 C/> 1:0 cr •-1 Si 1' tr S ^ ^ =^ < > pT 13 > o O <-t >-+> "-1 hd C/) o "13 o ^ 5' orq l-K o* sr o fD BILL Pr5 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act respecting the Village of Port McNicoll Mr. Smith (Simcoe East) {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr5 1977 An Act respecting the Village of Port McNicoll WHEREAS The Corporation of the Village of Port p^«*"^^i« McNicoll hereby applies for special legislation in respect of the matters hereinafter set forth ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : " 1 . The lands set forth in the Schedule hereto are hereby y^^Q^ in vested in The Corporation of the Village of Port McNicoll ^^^^^^ °^ with an absolute title in fee simple free of and clear from mcnicoh any right, title and interest other than that of the Corporation. 2. This Act comes into force on the day it receives Royal menr^°^^" Assent. 3. The short title of this Act is The Village of Port McNicoll s^ort title Act, 1977. SCHEDULE All and singular those certain parcels or tracts of lands and premises situate lying and being in the Village of Port McNicoll, in the County of Simcoe and Province of Ontario and being composed of Lots 243, 258, 308 and 309 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan 544; Lots 773, 774, 973 and 1480 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan Number 569 and Lot 309 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan Number 600. ^ 2. Si- S) if in g H X 7/) o o m '^ Si- >i <^ s> Si- 'Z o < ^ a> t«^ s s^ Si- 3 cr ft C/5 s S) Si- r-A, p' § c^ O ^ ^ c^ 2 "^ if! r* Q a> BILL Pr5 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Village of Port McNicoll Mr. Smith (Simcoe East) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr5 1977 An Act respecting the Village of Port McNicoU WHEREAS The Corporation of the Village of Port p^^^"^^!® McNicoll hereby applies for special legislation in respect of the matters hereinafter set forth ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The lands set forth in the Schedule hereto are hereby ^g^g^^^ m vested in The Corporation of the Village of Port McNicoll vmage of with an absolute title in fee simple free of and clear from mcnicoh any right, title and interest other than that of the Corporation. 2. This Act comes into force on the day it receives Royal men™^°°®' Assent. 3. The short title of this Act is The Village of Port McNicoll short title Act, 1977. SCHEDULE All and singular those certain parcels or tracts of lands and premises situate lying and being in the Village of Port McNicoll, in the County of Simcoe and Province of Ontario and being composed of Lots 243, 258, 308 and 309 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan 544; Lots 773, 774, 973 and 1480 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan Number 569 and Lot 309 according to a Plan registered in the Registry Office for the Registry Division for the County of Simcoe as Plan Number 600. s H K '(7) 3 o o W o o •z < < o < 3 cr a> ft 3 U) ;$ B C/5 a* s»- U' 5^ "-1 (X> l-t s «> to S) to ^ c-t- S) 00 (-1- oo l-t- p' Si- Si- 'Si . !3 -4 < > pT 3 OtJ fD > o O l-»- l-K •-1 ^ a> o X) l-t l-t- O o B' (7q (-»- o' l^- o a> BILL Pr7 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Hamilton Mr. Deans TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario i BILL Pr7 1977 An Act respecting the City of Hamilton WHEREAS The Corporation of the City of Hamilton, Preamble herein called the Corporation, hereby applies for special legislation to license, regulate, govern and restrict amuse- ment machines and pinball machines, and to establish a licensing commission and to permit the imposition of a development charge as a condition on application for rezoning or application for a building permit, and to permit voluntary payment out of court of penalties for alleged contravention of any provision of a licensing by-law; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, I^terpre- tatlon {a) "city" means the City of Hamilton, in The Regional Municipality of Hamilton- Wentworth ; {b) "council" means the council of the Corporation; (c) "Licensing Commission" means the licensing com- mission established by section 3. PART 1 AMUSEMENT MACHINES AND PINBALL MACHINES 2.-(l) In this Part, ^Sn'?!"* and pinball "amusement machine" means a machine, device or contrivance activated by mechanical or other action or any other means by the user thereof with a view to achieving a desirable result through skill or chance or a combination of both, in terms en: machines of points, score, measurement or any other charac- teristic of the machine, device or contrivance; (b) "pinball machine" means a machine in which a ball, object, thing, or image, or symbol or sign becomes mobile or otherwise active or visible upon being activated or called into existence or use by mechanical or other action or any other means so as to mechanically or otherwise project the ball, object, thing, or image, or symbol or sign through skill or part skill and part chance of the user thereof, upon or under a surface, or on a screen or other viewing surface within a full or part enclosure or not within an enclosure, with a view to achieving a desirable result in terms of points, score, measurement or any other characteris- tic of the machine, device or contrivance. *^ass"b"iaws (^) Notwithstanding the provisions of any other general regulating or special Act, the council may pass by-laws for, amusement "^ j r j machines, {a) licensing, regulating and governing amusement machines and pinball machines and for revoking any such licence; {h) limiting the number of licences that may be issued ; (c) limiting the number of amusement machines and pinball machines within the city or within any particular area of the city; {d) limiting the number of amusement machines and pinball machines on any premises specified in the licence even if the number be limited to one; {e) specifying where amusement machines and pinball machines may be located on premises or part thereof, or on any particular premises or part thereof from time to time; (/) prohibiting amusement machines and pinball machines in any area of the city or in the vicinity of any location designated in the by-law ; ig) prohibiting the location of amusement machines and pinball machines at any place on premises or part thereof or on any particular premises or part thereof; {h) prohibiting on any premises or part thereof or on any particular premises or part thereof on which one or more amusement machines and pinball machines are located, any person apparently under sixteen years of age not accompanied by a person apparently over eighteen years of age, after the hour of 9.00 p.m. on any day and before 8.00 a.m. of the next following day, or at any other times; (i) fixing the fees for licences to be paid in one amount or rate, or in different amounts or rates depending on the number of amusement machines and pinball machines on the premises, and for fixing separate fees for amusement machines and for pinball machines. (3) For the purpose of any by-law enacted under sub-i^®'" section 2, the council may, {a) define classes of amusement machines and pinball machines ; {b) designate one or more areas in the city to which the by-law applies; (c) describe locations, premises or parts thereof and particular premises or part thereof to which the by-law applies; (d) designate the vicinity of any location referred to in clause c and describe the boundaries of the locations and the vicinity. PART II LICENSING COMMISSION AND VOLUNTARY PAYMENT OF PENALTIES 3.— (1) The council may pass a by-law establishing aCouncnmay licensing commission for the Corporation to be known as establish "The City of Hamilton Licensing Commission". commission (2) The Licensing Commission established under sub- i^^o^g°j^^tgi°° section 1 is a body corporate and shall consist of, {a) two members of council; and {b) three members qualified for election to council who are not members of council, appointed by the council. chairman°^ (3) The Licensing Commission shall elect a chairman and may elect a vice-chairman, and a majority of members of the Licensing Commission constitutes a quorum. Idem (4) The chairman or the vice-chairman are the signing officers of the Licensing Commission and by-laws of the Licensing Commission shall be executed by the chairman or the vice-chairman. Idem (5) Where no vice-chairman is appointed, the members of the Licensing Commission may appoint by majority vote a signing officer in place of the vice-chairman. Term of office (6) The members of the Licensing Commission who are members of council shall hold office until the expiration of the term of the council that appointed them. Idem (7) The members of the Licensing Commission who are not members of council shall hold office as follows: 1. Two first members for a term expiring on the 31st day of December next following their appointment. 2. One first member for a term expiring one year after the expiration of the term of the two first members appointed under paragraph 1. * 3. Members appointed after the expiration of the term of the first members shall be appointed for a term of two years. ^^^^ (8) Members of the Licensing Commission shall hold office until their successors are appointed and be eligible for reappointment, and where a member ceases to be a member before the expiration of his term, the council shall appoint another eligible person for the unexpired term of the person who has ceased to be a member. Termination Appointment of secretary (9) Notwithstanding subsection 8, the council may at any time terminate the term of office of a member of the Licensing Commission by by-law passed by the affirmative vote of at least two-thirds of the members of council present at a meeting thereof. (10) The council shall by by-law appoint a secretary to the Licensing Commission who shall keep and maintain all such books and records as the council and the Licensing Commission may require. (11) The municipal auditor shall be the auditor of the ■^"^** Licensing Commission and all books, documents, trans- actions, minutes and accounts of the Licensing Commission shall, at all times, be open to his inspection. (12) On or before the 1st day of March in each year, ^port^ the Licensing Commission shall submit its annual report for the preceding year to the council including a complete audited and certified financial statement of its affairs with balance sheet and revenue and expenditure statement. (13) All books, documents, transactions, minutes and ofrecords" accounts of the Licensing Commission shall, at all times, be open to the inspection of the treasurer of the Cor- poration. (14) The Licensing Commission shall provide the council j^^formawon with all such information and advice as the council may from time to time require. (15) The Licensing Commission shall submit to the council fxpenliitures its estimates for the current year at the time and in the form prescribed by the council and make requisitions upon the council for all sums of money required to carry out its powers and duties, but nothing herein divests the council of its authority with reference to providing the money for the purposes of the Licensing Commission and, when money is so provided by the council, the treasurer of the Cor- poration shall, upon the certificate of the Licensing Com- mission, pay out such money. (16) Upon the repeal of the by-law establishing the authority °^ Licensing Commission, the Licensing Commission ceases to exist and its undertakings, documents, assets and liabilities shall be assumed by the Corporation. 4. Except as may be provided by by-law enacted by the commission council, the Licensing Commission is hereby vested with the following powers and authority, in place and stead of the council or any committee thereof in respect of licensing by-laws passed by the council: 1. To receive licence applications and fees; 2. To issue licences, renew licences and transfer licences ; 3. To hold hearings; 4. To decide whether an application for a licence, renewal of a licence or transfer of a licence shall be approved and granted or disapproved and refused ; 5. To decide whether a hcence shall be revoked or not revoked; 6. To decide whether a licence shall be suspended or not suspended; 7. To attach conditions in respect of the exercise of any power and authority under paragraphs 1, 2, 3, 4, 5, 6 and 15 and sections 5 and 6; 8. To limit the number of licences that may be issued and to limit the number of places or things for which a licence may be issued; 9. To pass such by-laws or resolutions as may be necessary or advisable for, i. the organization, management, administration and operation of the Licensing Commission, ii. the administration and enforcement of any licensing by-law enacted by the council, and iii. making rules and regulations for the adminis- tration and enforcement mentioned in sub- paragraph ii, not contrary to any provision of a licensing by-law enacted at any time by the council; 10. To establish and adopt practices and procedures for the purpose of administration and enforcement and not contrary to any provision of a licensing by-law enacted at any time by the council; 11. To determine what matters or things fall within the scope of administration and enforcement and practice and procedure not contrary to any pro- vision of a licensing by-law enacted at any time by the council; 12. To authorize and direct persons to enter and inspect any place, building, works or goods, chattels, vehicles or any real or personal property relating to the administration and enforcement of a licensing by-law enacted at any time by the council ; 13. To require the production of all books, papers, plans, specifications, drawings, documents and any other writing relating to the administration and enforcement of a licensing by-law enacted at any time by the council; 14. To administer oaths ; 15. To summon and examine witnesses under oath as to any matter connected with the execution of its power, authority and duties or as to any rhatter respecting any licence heretofore or hereafter issued by the city to enforce their attendance and to compel them to give evidence and produce docu- ments and things, as is vested in a court of law in civil cases; 16. To make, give or issue or refuse to make, give or issue any order or direction or approval whether oral or written, or certificate, and make all such decisions, and perform all such acts, matters, deeds and things, as may be necessary or incidental to the exercise of the powers conferred on it under this Part. 5. — (1) The Licensing Commission, before issuing a licence Hearing or before a renewal or a transfer of a licence, may require a hearing to be held. (2) The Licensing Commission, after issuing a licence, wem may require a hearing to be held at any time for any purpose related to, (a) the continuance or discontinuance of a licence; (b) suspension of a licence; (c) revocation of a licence; {d) the administration, enforcement or operation of the licensing by-laws enacted by the council. 6. The Licensing Commission may rehear any applica- Rehearing tion before deciding at a hearing held under section 5, or may review, rescind, change or alter or vary any decision or approval or order made by it. 7. Where a rehearing has been held, the decision of the wem Licensing Commission is final. 8. — (1) Notwithstanding any provision of this Part, the Ljce^in^^^^ council may enact any by-law that the Licensing Commission mav pass may enact and may repeal in whole, or in part, any existing by-law of the Licensing Commission. 8 Idem (2) Where the council has enacted a by-law that the Licensing Commission may enact, the Licensing Commis- sion shall not have the power to pass a by-law under this Part, except upon repeal of the by-law enacted by the council. Idem Officers and servants By-laws prohibiting interference with Inspectors, etc. (3) For the purpose of subsection 1, a power exercised by the council under this Part shall be deemed to be a power exercised by the Licensing Commission. 9. All persons, except the members of the Licensing Commission, engaged in the implementation of the power and authority and duties vested in the Commission under this Part, shall be officers and servants of the Corporation unless the council by by-law otherwise provides, but in any event, shall be and continue to be vested with all rights, benefits, privileges, immunities and duties imposed upon officers and servants of the Corporation. 10. The council may pass by-laws for providing that, (a) no person shall hinder, obstruct, molest or inter- fere with, or attempt to hinder, obstruct, molest or interfere with the chief licence inspector, an inspector or official in the exercise of his powers or duties under a licensing by-law of the Corporation or a by-law of the Licensing Commission ; {b) every person shall furnish all necessary means in his power to facilitate entry, inspection, examination, testing or inquiry by the chief licence inspector, an inspector or official in the exercise of his powers and duties under a licensing by-law of the Cor- poration or a by-law of the Licensing Commission; (c) no person shall neglect or refuse to produce any books, papers, letters, copies of letters, licence certificates, licence plates, identification cards, records, documents or any other writings of any nature, and any tangible personal property as may be required by, (i) the Licensing Commission for the purpose of administration and enforcement or oper- ation of the by-laws, or the licensing by-laws enacted by the council, (ii) the chief licence inspector, a licence in- spector, or an official in the exercise of his powers and duties under a licensing by-law of the Corporation, or a by-law of the Licensing Commission ; (d) no person shall furnish the Licensing Commission, or the chief licence inspector, or inspector or official with false information, or neglect or refuse to furnish information required by the chief licence inspector or inspector or official in the exercise of his powers and duties under a licensing by-law of the Corporation, or a by-law of the Licensing Commission ; [e) every person who contravenes a by-law passed pursuant to this section is guilty of an offence and on summary conviction is liable to a fine not exceeding $1,000. 1 1 . Except as otherwise provided by by-law enacted f^^^^^^ by the council, all licence fees or other moneys collected or received by the Licensing Commission shall be the property of the Corporation and be transferred to the Corporation as the Corporation may require. 12. The Corporation may pay to each of the members of ^^®™'^°®^*- the Licensing Commission such remuneration as may be determined by the council. 13. In the event of conflict between the provision of conflict a by-law or resolution or any practice or procedure of the Licensing Commission and the provisions of a licensing by- law of the Corporation, the provisions of the licensing by- law of the Corporation prevail. 14. — (1) By-laws passed by the council licensing trades, pay^e'ntof callings, businesses or occupations, or the person carrying penalties on or engaged in it, and licensing, regulating or governing places or things under The Municipal Act or any special Act ^fs?'^^^"' of the Corporation, may provide a procedure for the voluntary payment of penalties out of court where it is alleged that any provision of the by-law has been con- travened, and, if payment is not made in accordance with the procedure, subsection 2 of section 466 of The Municipal Act applies. (2) The council may by by-law determine the amount of ^^^^ the penalties, not exceeding $1,000, to be paid out of court for each alleged contravention where a person volunteers to make payment out of court pursuant to subsection 1. 10 PART III SPECIAL DEVELOPMENT OR REDEVELOPMENT CHARGE Interpre- tation By-laws respecting special cnarges Idem Idem R.S.0. 1970, C.349 Reserve fund R.S.0. 1970. 0.284 Idem 15. In this Part, (a) "development" means the erection or enlargement of one or more buildings or structures ; {b) "dwelling unit" means a room or suite of rooms used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities ; (c) "redevelopment" means the removal of one or more buildings or structures or part thereof from land and the development of the land. 16. — (1) With the approval of the Ontario Municipal Board, the council may, by by-law, define residential and non-residential buildings and the classes of such buildings erected or enlarged after the date of the by-law that impose expenditures for municipal services that, in the opinion of the council, would be required and may, as a condition of development or redevelopment of the land, impose on the owners of such buildings special charges over and above all other rates and charges to pay for the cost or part of the cost of such municipal services. (2) The special charge referred to in subsection 1 may be imposed at different rates for different classes of, (a) residential buildings determined on the number of dwelling units ; and (b) non-residential buildings determined on the gross floor area of the whole of the building. (3) The special charges imposed pursuant to subsection 1 may be made payable upon application for enactment of a restricted area by-law under section 35 of The Planning Ad, or upon execution by the Corporation of an agreement under section 35a of The Planning Ad, or upon application for a building permit, or at any time thereafter. (4) The proceeds of the special charges referred to in subsection 1 shall be deemed to be a reserve fund established under section 308 of The Municipal Ad. (5) The council may by by-law define the municipal services and the purpose for which funds shall be expended. 11 (6) The following are exempt from any charge or charges Exemptions imposed under a by-law passed pursuant to subsection 1 , {a) land exempt from taxation under any general or special Act ; (b) land in respect of which a subdivision agreement has been entered into with the Corporation under section 33 of The Planning Act or any predecessor ^I^O- 1970, thereof ; (c) land in respect of which a severance has been granted under section 29 of The Planning A ct ; {d) land for residential uses that is redeveloped to the extent of the number of dwelling units constructed or erected not exceeding the number of dwelling units replaced upon redevelopment ; [e) land for non-residential purposes that is redeveloped to the extent of the amount of gross floor area of the building constructed or erected not exceeding the gross floor area of the building replaced upon redevelopment. (7) A by-law passed pursuant to subsection 1 may ^^^ °° provide that the charge or charges imposed under it, (a) are a lien upon the land on which the development or redevelopment occurs and may be collected in the same manner and with the same remedies provided by The Municipal Act for the collection R|-0- i^^o, of real property taxes ; {h) may be recovered by action at law. 17. This Act comes into force on the day it receives Royal m°e^r^°°^ Assent. 18. The short title of this Act is The City of Hamilton Act, short title 1977. to Si- Si o n ^ O Si- ft> >3 to ?0 Si ^ S) l-t- p' s^ c^' ^ 3 BILL Pr8 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Burlington Mr. Reed Halton-Burlington TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario J BILL Pr8 1977 An Act respecting the City of Burlington WHEREAS The Corporation of the City of Burhngton, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by end with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) The council of the Corporation may pass by-laws Po^ej- to '. . ,. , . -^ . , y pass by-laws for exammmg, licensing, regulating and governing driveway licensing and paving contractors and master installers of driveways contractors, and pavement, and for revoking such licences or for permitting ®'°' them by reason of licensing by the Association of Professional Engineers for Ontario or by reason of membership in the Ontario Road Builders Association, to be licensed without examination. (2) The council of the Corporation may pass by-laws Licence providing for an annual fee for a licence issued pursuant to subsection 1, which fee shall not exceed $300. (3) A by-law passed pursuant to subsection 1 may provide ^®[^^*^ for refusing a licence where the past conduct of the applicant licence or, where the applicant is a corporation, of its officers or directors, affords reasonable grounds for belief that the applicant will not operate its business in accordance with the law or with honesty and integrity. (4) A licence shall not be refused pursuant to the power Exception contained in subsection 3 where the applicant has registered as an itinerant seller in accordance with the provisions of The Consumer Protection Act. r.s.o.i97o, 0.82 (5) Part XXI of The Municipal Act applies mutatis mutandis Penalties and to by-laws passed under this section. r.s.o. 1970, J ^ c. 284 Tax credits 2. — (1) The council of the Corporation may pass by-laws 1973, c. 154 permitting a tax credit under The Municipal Elderly Resident's Assistance Act, 1973 to persons who are members or share- holders of a co-operative corporation incorporated under the laws of Canada or of a province of Canada for the sole purpose of providing residential dwelling units to all mem- bers or shareholders thereof. Idem (2) A by-law passed pursuant to subsection 1 shall provide that the full amount of the tax credit in each year shall be credited directly to the person or persons in respect of whom it is granted. interpre- 3^ — (1) In this section, tation ^ '' ' {a) "designated fire route" means a fire route so desig- nated by by-law of the Corporation; {b) "fire route" means an^ private road, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part of a parking lot ; (c) "park" or "parking" when prohibited means the standing of a vehicle, except when standing tem- porarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers ; [d) "stop" or "stopping" when prohibited means the halting of a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other police officer or of a traffic control sign or signal ; {e) "trailer" means a vehicle that is at any time drawn upon a highway by a vehicle or any device or apparatus not designed to transport persons or property temporarily drawn, propelled or moved upon the highway and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the vehicle by which it is drawn ; (/) "vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include the car of an electric or steam railway running only upon rails. (2) Notwithstanding paragraph 112 of subsection 1 of ^asTb^ia section 354 of The Municipal Act, the council of the Cor- re Are routes poration may pass by-laws, ^Im"^^'*'" {a) regulating and designating fire routes, and, without hmiting the generality of the foregoing, the by-laws may include the following: 1. The dimensions, location, construction and maintenance standards of a fire route or of a designated fire route. 2. The location, the number and the proximity to a building or structure of water hydrants. 3. Authority to the Building Commissioner of the Corporation to refuse to issue a building permit for any building or structure where the plan filed with the building permit application does not show the proposed loca- tion of a fire route, where such is required, or where the plan shows a proposed fire route which is not in conformity with the by-laws passed pursuant to this subsection or unless the security referred to in paragraph 4 has been filed. 4. Provision for the filing of security of such nature and amount as the Corporation may determine to ensure the proper construction of a fire route in accordance with the by-laws passed pursuant to this subsection. 5. Provision for the return or release, in whole or in part, of the security referred to in para- graph 4. 6. Requirements that existing fire routes which do not comply with the provisions of the by-laws passed pursuant to this subsection, comply, and the establishment of a time hmit within which the fire routes are required to comply, or where there is a requirement for a fire route to an existing building or structure, that it be constructed within the period estab- lished in the by-laws passed pursuant to this subsection ; (6) diverting, altering or stopping-up, for a period or permanently, designated fire routes; (c) regulating and governing traffic on designated fire routes ; (d) prohibiting the parking or leaving of a vehicle unattended on a designated fire route and providing for the removal and impounding of any vehicle so parked or left at the expense of the owner of the vehicle ; {e) providing for the erection of signs, including the granting of the right to enter on land to accomplish this, and providing that the effect of the signs shall be the same as though erected pursuant to any ^•^o i9'70- by-law enacted pursuant to The Municipal Act respecting the regulation of traffic; (/) fixing the fees and charges to be paid to the Cor- poration for any engineering and inspection services it provides for the construction of a fire route, for designating a fire route and for the erection of signs, and providing for recovery of fees and charges in the event of non-payment in the same manner as a by-law enacted pursuant to The Municipal Act; {g) authorizing a peace officer or a full-time fire fighter, upon discovery of any vehicle or trailer parked or left unattended in contravention of the provisions of any by-law enacted pursuant to this subsection, to have the vehicle or trailer moved to and stored in another location, and providing that all costs and charges of removal and storage thereof are a lien upon the vehicle or trailer, which may be enforced in the manner provided by section 48 of ^•^0.1970, xhe Mechanics' Lien Act. enftircemen"** ^'^^ ^^^^ ^^^ ^^ ^^^ Municipal Act applies to any by-law passed under this section. ^**«™ (4) Clause a of paragraph 107 of section 354 of The Muni- cipal Act applies to penalties provided by any by-law passed under this section. dfivir^lnd (^) ^^^ driver of a vehicle, not being the owner, is liable for°®enaftie8 *^ ^"^ penalty provided in a by-law passed under this section and the owner of the vehicle is also liable to such a penalty unless at the time the offence was committed the vehicle was in the possession of a person other than the owner or his chauffeur without the owner's consent. by-Vaw°^ (6) Before passing a by-law pursuant to subsection 2, (a) the council of the Corporation shall cause notice of the proposed by-law to be sent by prepaid mail to every owner and occupant as shown on the last revised assessment rolls whose lands or premises may be prejudicially affected by the proposed by-law; (b) the council of the Corporation or a committee of council shall hear in person or by his counsel, solici- tor or agent, any person who claims that his lands or premises will be prejudicially affected by the by-law and who applied to be heard within four weeks of the notice being sent ; and (c) a notice sent under this subsection shall include a statement of the estimated expenses that will be incurred by the owner of the lands on which the fire route is to be designated. 4. This Act comes into force on the day it receives Royal ^°™™®°*^®" Assent. 5. The short title of this Act is The City of Burlington ^^^^^^^^^^ Ad, 1977. X p^ 5^ 2 ^ ? » » w ^ ^ c ?« •-t w ta £"• w (TO -^— ' (-K o 3 ■ O o r->- Uj tv> O ^^ ::j s cr C/) s^ s^ fD r-l. >3 1-1 > n 3 l-^' ^ > O r-K i-h •-1 dd fD c 'Td 1-1 fD O 5' i-t- crq 5' r-K (K! O 3 I-K IS' fD BILL Pr8 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act respecting the City of Burlington Mr. Reed Halton-Burlington {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr8 1977 An Act respecting the City of Burlington WHEREAS The Corporation of the City of Burhngton, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) The council of the Corporation may pass bylaws Power to^^^ for examining, licensing, regulating and governing driveway licensing: and paving contractors and master installers of driveways contractors, and pavement, and for revoking such licences or for permitting them by reason of licensing by the Association of Professional Engineers for Ontario or by reason of membership in the Ontario Road Builders Association, to be licensed without examination. (2) The council of the Corporation may pass by-laws Licence providing for an annual fee for a licence issued pursuant to subsection 1, which fee shall not exceed (3) A by-law passed pursuant to subsection 1 may provide ^®f"g^^g for refusing a licence where the past conduct of the applicant licence or, where the applicant is a corporation, of its officers or directors, affords reasonable grounds for belief that the applicant will not operate its business in accordance with the law. (4) A licence shall not be refused pursuant to the power Exception contained in subsection 3 where the applicant has registered as an itinerant seller in accordance with the provisions of The Consumer Protection Act. r.s 0.1970, c. 82 (5) Part XXI of The Municif>al Act applies mutatis mutandis Penalties and ^ ' r ff enforcement to by-laws passed under this section. r.s.o. 1970. J ^ c. 284 Tax credits 2. — (1) The council of the Corporation may pass by-laws 1973, c. 154 permitting a tax credit under The Municipal Elderly Resident's Assistance Act, 1973 to persons who are members or share- holders of a co-operative corporation incorporated under the laws of Canada or of a province of Canada for the sole purpose of providing residential dwelling units to all mem- bers or shareholders thereof. Idem (2) A by-law passed pursuant to subsection 1 shall provide that the full amount of the tax credit in each year shall be credited directly to the person or persons in respect of whom it is granted. tatfon""^" 3.— (1) In this section, {a) "designated fire route" means a fire route so desig- nated by by-law of the Corporation; {b) "fire route" means any private road, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part of a parking lot ; (c) "park" or "parking" when prohibited means the standing of a vehicle, except when standing tem- porarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers ; {d) "stop" or "stopping" when prohibited means the halting of a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other police officer or of a traffic control sign or signal ; {e) "trailer" means a vehicle that is at any time drawn upon a highway by a vehicle or any device or apparatus not designed to transport persons or property temporarily drawn, propelled or moved upon the highway and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the vehicle by which it is drawn ; (/) "vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include the car of an electric or steam railway running only upon rails. (2) Notwithstanding paragraph 112 of subsection 1 of Power to section 354 of The Municipal Act, the council of the Cor- re fire routes poration may pass by-laws, ^■^°'^^'°' {a) regulating and designating fire routes, and, without limiting the generality of the foregoing, the by-laws may include the following: 1. The dimensions, location, construction and maintenance standards of a fire route or of a designated fire route. 2. The location, the number and the proximity to a building or structure of water hydrants. 3. Authority to the Building Commissioner of the Corporation to refuse to issue a building permit for any building or structure where the plan filed with the building permit application does not show the proposed loca- tion of a fire route, where such is required, or where the plan shows a proposed fire route which is not in conformity with the by-laws passed pursuant to this subsection or unless the security referred to in paragraph 4 has been filed. 4. Provision for the filing of security of such nature and amount as the Corporation may determine to ensure the proj)er construction of a fire route in accordance with the by-laws passed pursuant to this subsection. 5. Provision for the return or release, in whole or in part, of the security referred to in para- graph 4. 6. Requirements that existing fire routes which do not comply with the provisions of the by-laws passed pursuant to this subsection, comply, and the establishment of a time limit within which the fire routes are required to comply, or where there is a requirement for a fire route to an existing building or structure, that it be constructed within the period estab- lished in the by-laws passed pursuant to this subsection ; {h) diverting, altering or stopping-up, for a period or permanently, designated fire routes ; (c) regulating and governing traffic on designated fire routes ; (d) prohibiting the parking or leaving of a vehicle unattended on a designated fire route and providing for the removal and impounding of any vehicle so parked or left at the expense of the owner of the vehicle ; (e) providing for the erection of signs, including the granting of the right to enter on land to accomplish this, and providing that the effect of the signs shall be the same as though erected pursuant to any R|-oi9'^o- by-law enacted pursuant to The Municipal Act respecting the regulation of traffic; (/) fixing the fees and charges to be paid to the Cor- poration for any engineering and inspection services it provides for the construction of a fire route, for designating a fire route and for the erection of signs, and providing for recovery of fees and charges in the event of non-payment in the same manner as a by-law enacted pursuant to The Municipal Act; {g) authorizing a peace officer or a full-time fire fighter, upon discovery of any vehicle or trailer parked or left unattended in contravention of the provisions of any by-law enacted pursuant to this subsection, to have the vehicle or trailer moved to and stored in another location, and providing that all costs and charges of removal and storage thereof are a lien upon the vehicle or trailer, which may be enforced in the manner provided by section 48 of ?-S;0- i^'^o- The Mechanics' Lien Act. c. 267 Penalties and (3) Part XXI of The Municipal Act applies to any by-law enforcement iii- • j J passed under this section. i3 Si. Co CV> if 5*: ^t. X p h— ' <-t- 0 g 3 W 6d ^ ^ 5" 0 <->■ 0 3 o S) s»- 0 0 <-♦- tv) 0 k^ s cr C/> Si- CD r^ >i 1-1 Si s>. •-J Si Si. 1—' ^ > 0 3 <-+' ^ > 0 0 i-t- i-t-> ■-1 w c X3 >-t Oi 0 5' r^ orq 3' i-t- oq 0 3 r-K 3- n> BILL Pr8 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Burlington Mr. Reed Halton-Burlington > TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr8 1977 An Act respecting the City of Burlington WHEREAS The Corporation of the City of Burlington, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) The council of the Corporation may pass by-laws Powe^iyto^^^ for examining, licensing, regulating and governing driveway licensing and paving contractors and master installers of driveways contractors, and pavement, and for revoking such licences or for permitting them by reason of licensing by the Association of Professional Engineers for Ontario or by reason of membership in the Ontario Road Builders Association, to be licensed without examination. (2) The council of the Corporation may pass by-laws ^^g®"^® providing for an annual fee for a licence issued pursuant to subsection 1, which fee shall not exceed $100. (3) A by-law passed pursuant to subsection 1 may provide ^^f^g^^g for refusing a licence where the past conduct of the applicant licence or, where the applicant is a corporation, of its officers or directors, affords reasonable grounds for belief that the applicant will not operate its business in accordance with the law. (4) A licence shall not be refused pursuant to the power Exception contained in subsection 3 where the applicant has registered as an itinerant seller in accordance with the provisions of The Consumer Protection Act. r.s 0.1970, c. 82 (5) Part XXI of The Municipal Act applies mutatis mutandis enf°^cement*^ to by-laws passed under this section. r.s 0.1970. Tax credits 2. — (1) The council of the Corporation may pass by-laws 1973, c. 154 permitting a tax credit under The Municipal Elderly Resident's Assistance Act, 1973 to persons who are members or share- holders of a co-operative corporation incorporated under the laws of Canada or of a province of Canada for the sole purpose of providing residential dwelling units to all mem- bers or shareholders thereof. ^<*®™ (2) A by-law passed pursuant to subsection 1 shall provide that the full amount of the tax credit in each year shall be credited directly to the person or persons in respect of whom it is granted. tatfr" 3.— (1) In this section, {a) "designated fire route" means a fire route so desig- nated by by-law of the Corporation; [b) "fire route" means any private road, lane, ramp or other means of vehicular access to or egress from a building or structure and it may include part of a parking lot; (c) "park" or "parking" when prohibited means the standing of a vehicle, except when standing tem- porarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers ; {d) "stop" or "stopping" when prohibited means the halting of a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other police officer or of a traffic control sign or signal ; {e) "trailer" means a vehicle that is at any time drawn upon a highway by a vehicle or any device or apparatus not designed to transport persons or property temporarily drawn, propelled or moved upon the highway and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the vehicle by which it is drawn ; (/) "vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include the car of an electric or steam railway running only upon rails. (2) Notwithstanding paragraph 112 of subsection 1 of Powerto^^^ section 354 of The Municipal Act, the council of the Cor- re Are routes poration may pass by-laws, ^Im'^^™' {a) regulating and designating fire routes, and, without limiting the generality of the foregoing, the by-laws may include the following: 1. The dimensions, location, construction and maintenance standards of a fire route or of a designated fire route. 2. The location, the number and the proximity to a building or structure of water hydrants. 3. Authority to the Building Commissioner of the Corporation to refuse to issue a building permit for any building or structure where the plan filed with the building permit application does not show the proposed loca- tion of a fire route, where such is required, or where the plan shows a proposed fire route which is not in conformity with the by-laws passed pursuant to this subsection or unless the security referred to in paragraph 4 has been filed. 4. Provision for the filing of security of such nature and amount as the Corporation may determine to ensure the proper construction of a fire route in accordance with the by-laws passed pursuant to this subsection. 5. Provision for the return or release, in whole or in part, of the security referred to in para- graph 4. 6. Requirements that existing fire routes which do not comply with the provisions of the by-laws passed pursuant to this subsection, comply, and the establishment of a time limit within which the fire routes are required to comply, or where there is a requirement for a fire route to an existing building or structure, that it be constructed within the period estab- lished in the by-laws passed pursuant to this subsection ; [h) diverting, altering or stopping-up, for a period or permanently, designated fire routes ; (c) regulating and governing traffic on designated fire routes ; (d) prohibiting the parking or leaving of a vehicle unattended on a designated fire route and providing for the removal and impounding of any vehicle so parked or left at the expense of the owner of the vehicle ; {e) providing for the erection of signs, including the granting of the right to enter on land to accomplish this, and providing that the effect of the signs shall be the same as though erected pursuant to any ^•|gOi9''0' by-law enacted pursuant to The Municipal Act respecting the regulation of traffic; (/) fixing the fees and charges to be paid to the Cor- poration for any engineering and inspection services it provides for the construction of a fire route, for designating a fire route and for the erection of signs, and providing for recovery of fees and charges in the event of non-payment in the same manner as a by-law enacted pursuant to The Municipal Act; (g) authorizing a peace officer or a full-time fire fighter, upon discovery of any vehicle or trailer parked or left unattended in contravention of the provisions of any by-law enacted pursuant to this subsection, to have the vehicle or trailer moved to and stored in another location, and providing that all costs and charges of removal and storage thereof are a lien upon the vehicle or trailer, which may be enforced in the manner provided by section 48 of ^fe?'^^^"' -^^^ Mechanics' Lien Act. rnf^rcl'men"^ ^^^ ^^^^ ^^^ ^^ ^^^ ^^''^^(^^P^^l' ^^t applies to any by-law passed under this section. Idem (4) Clause a of paragraph 107 of section 354 of The Muni- cipal Act applies to penalties provided by any by-law passed under this section. driver^ and (^) ^^^ driver of a vehicle, not being the owner, is liable for"^enaftie^s ^° ^"^ penalty provided in a by-law passed under this section and the owner of the vehicle is also liable to such a penalty unless at the time the offence was committed the vehicle was in the possession of a person other than the owner or his chauffeur without the owner's consent. by-Vaw°^ (6) Before passing a by-law pursuant to subsection 2, («) the council of the Corporation shall cause notice of the proposed by-law to be sent by prepaid mail to every owner and occupant as shown on the last revised assessment rolls whose lands or premises may be prejudicially affected by the proposed by-law; (b) the council of the Corporation or a committee of council shall hear in person or by his counsel, solici- tor or agent, any person who claims that his lands or premises will be prejudicially affected by the by-law and who applied to be heard within four weeks of the notice being sent ; and (c) a notice sent under this subsection shall include a statement of the estimated expenses that will be incurred by the owner of the lands on which the fire route is to be designated. 4. This Act comes into force on the day it receives Roval commence- . J J ment Assent. 5. The short title of this Act is The City of Burlington short title Act, 1977. ffi p_ l-t- o S 3 W 6d ^ 1-1 w Ct". w 3 o CTQ f-t- O 3 o < 3 cr 3 'Z o O < o n> (-»■ 3 ^o o •»» S cr 3 to «i ^ » Ni » r+ Si- 3 Si. 3- ^ ^ *-J > n 3 r-t- > o (-(- —H M dd 3 "^ ►1 rD o 5' r*- orq B' r-t- OQ O 3 r-t- 3^ n> BILL Pr9 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Sault Ste. Marie Mr. Lane TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr9 1977 An Act respecting the City of Sault Ste. Marie WHEREAS The Corporation of the City of Sault Ste. Marie Preamble hereby apphes for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 2 of The City of Sault Ste. Marie Act, 1957, being amended chapter 154, as amended by the Statutes of Ontario, 1967, chapter 127, section 1, is further amended by adding thereto the following subsection: (6fl) Where a member of the Commission becomes a mem- me'mbers ber of the Council, he ceases to be a member of the Commis- ^fiLbie sion but is eligible to be appointed by the mayor under subsection 2. 2. The City of Sault Ste. Marie Act, 1975, being chapter 110, is eii^acted amended by adding thereto the following section: la. For the purposes of section 1, all specified parcels of fpa,}^e^^ land shall be deemed to be subject to the provisions of the requirements, parking space requirements of the restricted area by-laws of defined the municipal corporation in force from time to time under the authority of section 35 of The Planning A ct not with- ^-^^ ^^''°' standing that a specified parcel may have been excepted or exempted from the operation of the parking space require- ments of the restricted area by-laws of the municipal cor- poration, either in whole or in part, by specific provisions of such by-laws or by a decision of the Sault Ste. Marie Com- mittee of Adjustment. 3. Notwithstanding the provisions of The Education Act, 1974, ofXa°rdof'" commencing with the next regular municipal election to be fo'^^'^^^^oo" held in 1978, the public and separate school electors in the City of Sault Ste. Marie shall elect eighteen members to The Sault Ste. Marie Board of Education as follows: 1. Two members shall be elected for each ward by the public school electors of that ward. 2. One member shall be elected for each ward by the separate school electors of that ward. me^r^°°^ 4. This Act comes into force on the day it receives Royal Assent. Short title 5. The short title of this Act is The City of Sault Ste. Marie Act 1977. I ta > w ^ o < tv) 0) ^-» s 3 C/) -1 r-t- -Si . s " 0^5 0^ o ^ ^ n > ^ 3 o > 1-K o w (-»■ p ►-» c^ ^ r-t- ■Td (D C/) n !-♦- (-+ 0) 5" OTQ ft n' BILL Pr9 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Sault Ste. Marie Mr. Lane TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario .i BILL Pr9 1977 An Act respecting the City of Sault Ste. Marie WHEREAS The Corporation of the City of Sault Ste. Marie Preamble hereby apphes for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 2 of The City of Sault Ste. Marie Act, 1957, being amended chapter 154, as amended by the Statutes of Ontario, 1967, chapter 127, section 1, is further amended by adding thereto the following subsection: (6a) Where a member of the Commission becomes a mem- members ber of the Council, he ceases to be a member of the Commis- gijLbie sion but is eligible to be appointed by the mayor under subsection 2. 2. The City of Sault Ste. Marie Act, 1975, being chapter 110, is enacted amended by adding thereto the following section : la. For the purposes of section 1, all specified parcels of fp^^J"^ land shall be deemed to be subject to the provisions of the requirements. parking space requirements of the restricted area by-laws of defined the municipal corporation in force from time to time under the authority of section 35 of The Planning A ct not with- f;f^- ^^'^^' standing that a specified parcel may have been excepted or exempted from the operation of the parking space require- ments of the restricted area by-laws of the municipal cor- poration, either in whole or in part, by specific provisions of such by-laws or by a decision of the Sault Ste. Marie Com- mittee of Adjustment. 3. Notwithstanding the provisions of The Education Act, 1974, ^f°^oa°rdof°" commencing with the next regular municipal election to be fQ*i4^^\^oq" held in 1978, the public and separate school electors in the City of Sault Ste. Marie shall elect eighteen members to The Sault Ste. Marie Board of Education as follows: Commence- ment 1. Two members shall be elected for each ward by the public school electors of that ward. 2. One member shall be elected for each ward by the separate school electors of that ward. 4. This Act comes into force on the day it receives Royal Assent. Short title 5. The short title of this Act is The City of Sault Ste. Mane Act 1977. > w o O o O) n> < 3 cr 3 cr CD i-t 3 cr ft) t— ' ^ 3 o > l-K O C/) r+ p i-l c^ fD (/) r-t ^ fD C/) O c-h r-t (T> t—t' 3 1-1 orq cr (T> fS" BILL PrlO Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of London Mr. Walker TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL PrlO 1977 An Act respecting the City of London WHEREAS The Corporation of the City of London Preamble hereby appHes for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the apphcation; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, Interpre- ' tation (a) "Corporation" means The Corporation of the City of London; {b) "council" means the council of the Corporation; (c) "Municipal Board" means the Ontario Municipal Board. 2. The affirmative vote of a majority of the members of ^*Jo"ty the council present at a meeting thereof shall be deemed to council be a two- thirds vote for the purposes of section 208 of p^ g q ^q^q The Municipal Act. c.284 3. Subsection 2 of section 1 of The City of London ^d, i^p-g^-is^. 1973, being chapter 194, is repealed and the following re-enacted substituted therefor: (2) When the head of the council is absent from the Powers municipality or absent through illness or his office is vacant, the deputy mayor shall act in his place and shall have and may exercise all the rights, powers and authority of the head of council including, where no appointment is made under section 213 of The Municipal Act, acting in place of the head of the council on any board, com- mission or other body of which the head of the council is a member ex officio under any general or special Act, except the board of commissioners of police. Local municipal debentures authorized R.S.0. 1970, C.284 4. — (1) Notwithstanding any provisions of The Munici- pal Act to the contrary, the council may pass by-laws without the assent of the electors for issuing debentures, called "local municipal debentures", the total amount of which shall not exceed 25 per cent of the debentures authorized in each year by the Municipal Board, in such multiples of $500 and at such times as in the opinion of the council it would be of advantage to so issue them, for any fixed term of years not exceeding five at the expiration of which the principal shall be repaid, but redeemable prior to maturity at the option of the Corporation in the event of the death of any owner thereof, with interest payable annually or semi-annually. Idem (2) Every by-law for issuing local municipal debentures shall clearly specify, by recital or otherwise, in respect of what authorizations or portions thereof by the Municipal Board the debentures are being issued. Idem (3) A by-law for issuing local municipal debentures need not impose any rate to provide for the payment of debentures issued under it or the interest thereon, but the by-law shall provide that the interest and any amounts of principal payable in each year during the currency of the debentures issued under it shall be provided for in the estimates of each such year. Effective date of by-law (4) Unless the by-law names a later day when it is to take effect, it shall take effect on the day of its passing. Approval of authori- zations by O.M.B. (5) A by-law for the issuing of local municipal debentures may be passed before the authorizations by the Municipal Board in respect of which the debentures are being issued have been obtained if such by-law contains a provision to the effect that the by-law shall not take effect until such authorizations have been obtained. Unsold debentures (6) If any local municipal debentures remain unsold or undisposed of, the council from time to time may set or vary the rate or rates of interest payable on such debentures when sold or disposed of. Date of debenture (7) Every local municipal debenture shall be dated the first day of the month next following the month in which the debenture is sold or disposed of. Time for issue (8) The first of such debentures shall be issued within two years and all of them within five years, after the passing of the by-law. (9) Any local municipal debentures may be registered Regristration as to both principal and interest with provision for payment of interest by cheque, or by deposit to the credit of an account in any chartered bank, trust company, savings office or credit union. (10) A local municipal debenture shall be in Form 1. ^^^^ (11) No local municipal debenture shall be hypothecated ^o^|^^^°*^®" by the council to raise money by way of a loan on it. (12) Where part only of a sum of money provided for Repeal by by-law has been raised, the council may repeal the by-law as to the whole or any part of the residue, but the sale or disposition of debentures issued under it are valid and binding according to the terms thereof, and the council may in respect of the residue by the same or another by-law without the assent of the electors provide for issuing debentures payable by a different mode. (13) The financial statements of the Corporation in each f|^te^e*tg year during the currency of any local municipal debentures shall include or be accompanied by a statement verified by a statutory declaration in Form 2 of the treasurer of the Corporation of the sums sufficient to pay the interest and any amounts of principal payable in that and subsequent years, for certification and any report thereon by the auditor. .(14) The forms hereto are prescribed for use with such ^orms variations, not affecting the substance or calculated to mislead, as circumstances require. 6. In addition to any of the powers conferred on the Restraining OI*Q6I*8 council of any municipality by any general or special Act, the council, in exercising by by-law any of its powers to license, regulate, govern or prohibit, may provide in any such by-law that the court, wherein the information is first laid, and any court of competent jurisdiction thereafter, may issue an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. 6. The council may by by-law provide that the Cor- pocai 1 1 >- • ■ t improve- poration shall, and the Corporation is hereby empowered to, ments assume the owners' portion of the cost of the following works that otherwise would be chargeable against lands for which no private drain connection is or has been constructed as part of the works: Dissolution of Planning Board Planning committee "Employees' R.S.0. 1970, c. 349 Idem Idem Vacancies Quorum Remuner- ation 1. Traction Creek Area Lateral Storm Sewers - Phase III (By-law ST.S.-105-31). 2. Wortley Road Trunk Storm Sewers (By-law ST.S.-106-32). Phase I 3. Manor Park Area Lateral Storm Sewers - Phase II (By-law ST.S.-107-328). 4. McNay Drainage Area Lateral Storm Sewers - Phase V (By-law ST.S.-108-329). 5. Wortley Road Trunk Storm Sewers (By-law ST.S.-109-330). Phase II 7. — (1) The council may pass a by-law dissolving the Planning Board for the City of London Planning Area on a date mentioned therein being on or after the 1st day of January, 1978, and, upon such dissolution, the council shall assume, perform and exercise the duties, functions and powers of a planning board in respect of the planning area. (2) Where a by-law is passed under subsection 1, the council may by the same or another by-law constitute and appoint annually a planning committee, a minority of whose members may be composed of persons who are not members of the council or employees of the municipality. (3) In subsection 2, "employees" does not include em- ployees of a local board, as defined in clause d of section 1 of The Planning Act. (4) Where a member of the planning committee becomes a member of the council, he ceases to be a member of the planning committee, but is eligible for re-appointment. (5) The members of the planning committee shall hold office until their successors are appointed and are eligible for re-appointment. (6) Where a member ceases to be a member of the planning committee before the expiration of his term, the council may appoint another eligible person for the unexpired portion of the term. (7) A majority of the members of the planning committee constitutes a quorum. (8) The council may by by-law provide for the payment of such remuneration and expenses of the members of the planning committee as it considers appropriate. 8. — (1) The council may pass by-laws consolidating or^on^o"^*" subdividing existing by-laws and such consolidation or sub- subdivision dividing of by-laws may include within them the provisions of any by-law previously passed by the council under section 35 of The Planning Act and approved by the Municipal Jf^o. mo. Board. (2) Every provision of a consolidating or subdividing |ffej;tive by-law shall be deemed to have come into force on the day the original by-law came into force and to have been approved by the Municipal Board in all respects as though the approval had been obtained in respect of that provision in the consolidating or subdividing by-law. 9.— (1) In this section, tatf^' {a) "Minister" means the Minister of Housing; {h) "Treasurer" means the Treasurer of Ontario and Minister of Economics and Intergovernmental Af- fairs or such other minister of the Crown to whom his powers and duties under The Planning Act have been assigned and transferred. (2) The council shall be deemed to have been designated delegation by order of the Treasurer as a municipality to which may be authority delegated any of the Minister's authority under The Planning Act. (3) The authority of the Minister under section 24 of The J^l'^ ^^^ Condominium Act, under subsection 8 of section 443 and cc. 77. 284, ' subsection 2 of section 450 of The Municipal Act, under sections 14, 17 and 22, subsection 5 of section 29 and sec- tions 33, 356 and 42 of The Planning Act and under sub- section 4 of section 86 of The Registry Act are hereby delegated to the council. (4) The provisions of section 446 of The Planning /Idi^em apply mutatis mutandis in respect of the authority deemed to have been delegated under subsection 3. 10. — (1) In this section, "Board" means the Board of Definition Commissioners of Police of the City of London. (2) Notwithstanding subsection 2 of section 8 of The Police ^fXa°rd"°° Act, the Board on and after the 1st day of January, 1978, r.s.o. 1970, shall consist of, {a) two members of the council appointed by resolution of the council, to hold office during the term of the council ; (b) two residents of the municipality appointed by the Lieutenant Governor in Council; and (c) a judge of a county or district court, or such other person, as the Lieutenant Governor in Council may designate. RSamo. (^) Subsection 3 of section 14 of The Police Act does not C.351 s^Pply to the estimates of the Board. Definition 1 1 .—(1) In this section, "Board" means the London Public Library Board. Pubnc" (^) '^^^ Board is continued as a corporation with the Library powcrs, rights, authorities and privileges vested in it by any continued general or special Act or otherwise except as provided by this section. of°Boa°rd"°° (^) Notwithstanding clause d of section 4 and section 5 of R.s.o. 1970, The Public Libraries Act, the Board on and after the 1st day of January, 1978, shall be appointed by the council and shall consist of, {a) one member of the council who shall hold office during the term of the council ; (b) five residents of the municipality who shall hold office for one year. (4) The Board is the agent of the Corporation on whose Board Is agent of Corporation ^^^alf the Board shall exercise the management, regulation and control of the public library system of the municipality. Resolution of conflicts ^o'iL^uit (^) ^^^ Board and the council shall consult regularly on public hbrary policy and on the general administration and affairs of the Board in relation to general municipal policy and the administration and affairs of the Corporation. (6) If, notwithstanding the consultations provided for in subsection 5, there should emerge a difference of opinion between the Board and the council concerning the course of policy, administration or affairs to be followed, the council may by resolution give to the Board u directive concerning public library policy or the administration or affairs of the Board in specific terms and applicable for a specified period, and the Board shall comply with such directive. coEi?^*'^ 0) The Board shall not exercise any of its powers under p?rehi°8e.etc., ^^^^^'^^ ^^ °^ ^^^ PmW^c Libraries Act until the approval of of land ' ' the council has first been obtained. (8) Notwithstanding subsection 1 of section 23 of The Estimates Public Libraries Act, the Board shall, in each year on or c'ssi" before such time as the council may prescribe, prepare in consultation with the administrative departments of the Cor- poration and submit to the council for its consideration and approval an estimate of all sums required during the year for the purposes of the Board, and such estimate, {a) shall set forth the estimated revenues and expendi- tures of the Board; {b) shall make due allowance for a surplus of the previous year that will be available during the current year; (c) shall provide for any deficit of any previous year; and {d) may provide for capital expenditures to be made out of current funds. (9) Subsections 5, 6 and 7 of section 24 of The Public ^^^^'^^'^''^^ Libraries Act do not apply to an application of the Board. (10) The Board shall, in each year on or before such time Report ^ as the council may prescribe, make a report to the council upon the affairs of the Board and the public library system of the municipality. 12. — (1) In this section, "Commission" means The London London . 1^ ' . . ' Transit Transit Commission. commission (2) The London Transportation Commission established commission by By-law L.T.C. -1-158, passed by the council on the 19th as body day of May, 1952, is continued as a body corporate under ^°^^°^^ ® the name of The London Transit Commission with the powers, rights, authorities and privileges vested in it by any general or special Act or otherwise except as provided by this section. (3) The members of the Commission holding office on the o°°resent^^°° day this subsection comes into force shall hold office until members the 31st day of December, 1977. (4) On and after the 1st day of January, 1978, the Com- ^f°^P°^*"°° mission shall be appointed by the council and shall consist commission of, («) two members of the council who shall hold office during the term of the council ; and {b) three residents of the municipality who shall hold office for three years, provided that on the first Reappoint- ment 8 appointment the council from among such residents shall designate one who shall hold office until the 31st day of December, 1978, one of whom shall hold office until the 31st day of December, 1979, and one of whom shall hold office until the 31st day of December, 1980, so that one of such residents shall retire each year. (5) Members shall be eligible for reappointment. a.°er^oTthe^^ (^) ^^^ Commission is the agent of the Corporation on Corporation whose behalf the Commission shall exercise the operation, alteration, repair, control and management of the local transportation system of the municipality. Consultation (7) The Commission and the council shall consult regularly on local transportation system policy and on the general administration and affairs of the Commission in relation to general municipal policy and the administration and affairs of the Corporation. Resolution of conflicts (8) If, notwithstanding the consultations provided for in subsection 7, there shall emerge a difference of opinion between the Commission and the council concerning the course of policy, administration or affairs to be followed, the council may by resolution give to the Commission a directive con- cerning local transportation system policy or the adminis- tration or affairs of the Commission in specific terms and applicable for a specified period, and the Commission shall comply with such directive. Estimates (9) The Commission shall, in each year on or before such time as the council may prescribe, prepare in consultation with the administrative departments of the Corporation and submit to the council for its consideration and approval an estimate of all sums required during the year for the purposes of the Commission. Annual report 1931. c. 107. 8.9. re-enacted (10) The Commission shall, in each year on or before such time as the council may prescribe, make a report to the council upon the affairs of the Commission and the local transportation system of the municipality. 13. Section 9 of The City of London Act, 1931, being chapter 107, as re-enacted by the Statutes of Ontario, 1956, chapter 108, section 7, is repealed and the following sub- stituted therefor: Municipal golf courses 9. The Public Utilities Commission of the City of London may from time to time with the consent of the council of the Corporation acquire by purchase, lease or otherwise such land or lands within the City and within ten miles of the City as the Commission may deem necessary or expedient, and may improve and develop the same for use as a municipal golf course or municipal golf courses, and may maintain, manage, operate and control the same from time to time as a municipal golf course or courses. 14. The Public Utilities Commission of the City of London Penalties -' respecting may pass by-laws providing that every person who contravenes parks any by-law of the Commission passed under The Public Parks ff^f- ^^'°' Act is guilty of an offence and on summary conviction is liable to a fine of not less than $20 and not more than $1,000, exclusive of costs, or to injprisonment for a term of not more than six months, or to both, and is liable to an action at the suit of the Commission to make good any damages caused by him, and such by-laws may be enforced and the penalties thereunder recovered in a like manner as by-laws of municipal councils and the penalties thereunder may be enforced and recovered, and every fine so imposed shall belong to the Commission. 1 5. The lands and premises in the City of London, formerly v|gte]°nThe in the Township of Westminster, in the County of Middlesex, consortium OrouD composed of that part of Lot 21 in the Second Concession Limited of the Township designated as Part 1 on a reference plan deposited in the Land Registry Office for the Registry Divi- sion of Middlesex East (No. 33) as Plan 33R-2344 are declared to be and to have been at all times since the 28th day of September, 1976, vested in The Consortium Group Limited in fee simple free and clear from all rights, trusts, titles, interests, limitations, restrictions or covenants except the reservations, limitations, provisos and conditions expressed in the original grant from the Crown. 16. — (1) The council is hereby authorized to pass a by-law. Debentures without obtaining the approval of the Municipal Board, authorizing the borrowing of a sum not exceeding $2,123,000 upon debentures of the Corporation, payable in not more than twenty years, for the purpose of paying part of the cost of construction of the Talbot Square Underground Park- ing Garage. (2) Sections 55, 56, 57 and 58 of The Ontario Municipal ^|"^ ^^g^^ Board Act apply in respect of a by-law passed under sub- c-323 section 1 and to any debentures to be issued thereunder. (3) For the purpose of every Act, the Municipal Board op^^^JJ?®'^ shall be deemed to have issued an order under section 64 of The Ontario Municipal Board Act, not subject to section 42 10 or to petition or appeal under section 94 or 95 of the said Act, authorizing the construction referred to in subsection 1 and authorizing the Corporation to issue debentures there- under. Exchange of debentures R.S.0. 1970. cc. 118, 267 (4) The Corporation may exchange debentures issued under subsection 1 with the holders, or the trustees of the holders, of the Series A First Mortgage Bonds dated as of the 16th day of December, 1974, in the principal amount of $2,123,000 of Covent Garden Building Incorporated, guaranteed by the Corporation under the authority of an order of the Municipal Board dated the 5th day of March, 1974, (File E 74117) and upon exchange, the proceeds under the mortgage bonds shall be deemed to be proceeds received by a municipaHty as defined in The Municipal Affairs Act for the purposes of subsection 4 of section 2 of The Mechanics' Lien Act. 1974, c. 148. S.5, amended 17. Section 5 of The City of London Act, 1974, being chapter 148, is amended by adding thereto the following subsection : Idem (11a) The Corporation shall have no obligation to sub- sidize operating costs of The London Art Gallery Board beyond any annual grants which may be made pursuant to subsection 1 1 . Commence- ment 1 8. This Act comes into force on the day it receives Royal Assent. Short title 19. The short title of this Act is The City of London Act, 1977. 11 FORM 1 THE CORPORATION OF THE CITY OF LONDON Local Municipal Debenture Registered owner Debenture number Dated Principal sum Maturing Annual interest rate Interest payment plan Interest payment dates the 1st day of $ the 1st day of the 1st day of The Corporation of the City of London (the Corporation) for value received will pay to the registered owner named herein or registered assigns and named in the records of the Corporation the principal sum in lawful money of Canada upon presentation and surrender of this debenture at (place of payment) together with interest thereon in like money at the interest rate stated herein. Interest will be paid as it becomes due on the interest payment dates each year until maturity either by cheque or by deposit to the credit of an account in any chartered bank, trust company, savings office or credit union, depending upon the interest payment plan stated herein. This debenture is redeemable prior to maturity at the option of the Cor- poration in the event of the death of the registered owner or registered assigns, but otherwise is redeemable only at maturity. The Corporation will be liable only for the amount of principal and interest as set out herein. In Witness Whereof the Corporation has caused this debenture to be signed by the Mayor and City Treasurer by facsimiles of their signatures and by an authorized officer and has caused its corporate seal or facsimile thereof to be impressed or imprinted hereon as of the date shown above. Mayor City Treasurer Authorized Officer FORM 2 STATUTORY DECLARATION I, , of the City of London, in the County of Middlesex, Treasurer, make oath and say as follows : 1. I am the Treasurer of The Corporation of the City of London and as such have knowledge of the matters herein deposed to. 2. Annexed and marked Schedule "A" hereto are particulars of all local municipal debentures issued by the Corporation during the year ended the 31st day of December, 19. . . ., including the authorizations or portions thereof by the Ontario Municipal Board in respect of which such debentures were issued, and the interest payable during the year on such debentures. 12 3. The total amount of local municipal debentures referred to in paragraph 2 hereof did not exceed 25 per cent of the debentures authorized by the Ontario Municipal Board. 4. Annexed and marked Schedule "B" hereto are particulars of all local municipal debentures redeemed by the Corporation during the year referred to in paragraph 2 hereof, including the interest and principal paid therefor. 5. Annexed and marked Schedule "C" hereto are particulars of all local municipal debentures outstanding at the end of the year referred to in paragraph 2 hereof including the amount sufficient to pay the interest when due and the principal at maturity. Sworn before me at the City ^ of in the this 19 of day of > J A Commissioner, etc. ta Si- I' o o r-t- ^ o k«^ s cr V) ». a> >2 K3 >3 •^ Si f-t- ?4- O >-4 -4 !ir > a> 0 n > i-h o ^ i-t o S C/) r TD n o o 3 r-t o 3 5' orq BILL PrlO Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of London Mr. Walker {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL PrlO 1977 An Act respecting the City of London WHEREAS The Corporation of the City of London Preamble hereby apphes for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, wf^S'"®" ' tation (a) "Corporation" means The Corporation of the City of London; (b) "council" means the council of the Corporation; (c) "Municipal Board" means the Ontario Municipal Board. 2. The affirmative vote of a majority of the members of Majority the council present at a meeting thereof shall be deemed to council be a two-thirds vote for the purposes of section 208 of j^ g q ^q^q The Municipal Act. ^.'284 ' 3. Subsection 2 of section 1 of The City of London Act,^^'^^^'^-^^'^- 1973, being chapter 194, is repealed and the following re-ena!cted substituted therefor: (2) When the head of the council is absent from the Powers municipality or absent through illness or his office is vacant, the deputy mayor shall act in his place and shall have and may exercise all the rights, powers and authority of the head of council including, where no appointment is made under section 213 of The Municipal Act, acting in place of the head of the council on any board, com- mission or other body of which the head of the council is a member ex officio under any general or special Act, except the board of commissioners of police. Local municipal debentures authorized R.S.0. 1970, C.284 4. — (1) Notwithstanding any provisions of The Munici- pal Act to the contrary, the council may pass by-laws without the assent of the electors for issuing debentures, called "local municipal debentures", the total amount of which shall not exceed 25 per cent of the debentures authorized in each year by the Municipal Board, in such multiples of $500 and at such times as in the opinion of the council it would be of advantage to so issue them, for any fixed term of years not exceeding five at the expiration of which the principal shall be repaid, but redeemable prior to maturity at the option of the Corporation in the event of the death of any owner thereof, with interest payable annually or semi-annually. Idem (2) Every by-law for issuing local municipal debentures shall clearly specify, by recital or otherwise, in respect of what authorizations or portions thereof by the Municipal Board the debentures are being issued. Idem Effective date of by-law (3) A by-law for issuing local municipal debentures need not impose any rate to provide for the payment of debentures issued under it or the interest thereon, but the by-law shall provide that the interest and any amounts of principal payable in each year during the currency of the debentures issued under it shall be provided for in the estimates of each such year. (4) Unless the by-law names a later day when it is to take effect, it shall take effect on the day of its passing. Approval of authori- zations by O.M.B. (5) A by-law for the issuing of local municipal debentures may be passed before the authorizations by the Municipal Board in respect of which the debentures are being issued have been obtained if such by-law contains a provision to the effect that the by-law shall not take effect until such authorizations have been obtained. Unsold debentures (6) If any local municipal debentures remain unsold or undisposed of, the council from time to time may set or vary the rate or rates of interest payable on such debentures when sold or disposed of. Date of debenture (7) Every local municipal debenture shall be dated the first day of the month next following the month in which the debenture is sold or disposed of. Time for issue (8) The first of such debentures shall be issued within two years and all of them within five years, after the passing of the by-law. (9) Any local municipal debentures may be registered Registration as to both principal and interest with provision for payment of interest by cheque, or by deposit to the credit of an account in any chartered bank, trust company, savings office or credit union. (10) A local municipal debenture shall be in Form 1. Form (11) No local municipal debenture shall be hypothecated ^°j.^yp°*^®' by the council to raise money by way of a loan on it. (12) Where part only of a sum of money provided for Repeal by by-law has been raised, the council may repeal the by-law as to the whole or any part of the residue, but the sale or disposition of debentures issued under it are valid and binding according to the terms thereof, and the council may in respect of the residue by the same or another by-law without the assent of the electors provide for issuing debentures payable by a different mode. (13) The financial statements of the Corporation in each f^tements year during the currency of any local municipal debentures shall include or be accompanied by a statement verified by a statutory declaration in Form 2 of the treasurer of the Corporation of the sums sufficient to pay the interest and any amounts of principal payable in that and subsequent years, for certification and any report thereon by the auditor. (14) The forms hereto are prescribed for use with such Forms variations, not affecting the substance or calculated to mislead, as circumstances require. (15) Paragraphs 1 and 2 of subsection 13 of section 288 Application of The Municipal A d apply with all necessary modifications R|-0- 197()- to any by-law passed under this section. (16) Subsections 2 and 3 of section 326 of The Municipal ^^^^ Act apply with all necessary modifications to any debenture issued pursuant to a by-law passed under this section. (17) This section is repealed on the 31st day of December, Repeal 1982. -^1 5. In addition to any of the powers conferred on the Restraining ., J. . . ,. , ^ orders council 01 any mumcipahty by any general or special Act, the council, in exercising by by-law any of its powers to license, regulate, govern or prohibit, may provide in any such by-law that the court, wherein the information is first laid, and any court of competent jurisdiction thereafter, Local improve- ments may issue an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. 6. The council may by by-law provide that the Cor- poration shall, and the Corporation is hereby empowered to, assume the owners' portion of the cost of the following works that otherwise would be chargeable against lands for which no private drain connection is or has been constructed as part of the works: 1. Traction Creek Area Lateral Storm Sewers - Phase III (By-law ST.S.-l 05-31). 2. Wortley Road Trunk Storm Sewers (By-law ST.S.-106-32). Phase I 3. Manor Park Area Lateral Storm Sewers - Phase II (By-law ST.S.-l 07-328). 4. McNay Drainage Area Lateral Storm Sewers - Phase V (By-law ST.S.-108-329). 5. Wortley Road Trunk Storm Sewers (By-law ST.S.-l 09-330). Phase II Consolida- tion or subdivision of by-laws R.S.0. 1970, C.349 7. — (1) The council may pass by-laws consolidating or subdividing existing by-laws and such consolidation or sub- dividing of by-laws may include within them the provisions of any by-law previously passed by the council under section 35 of The Planning Act and approved by the Municipal Board. EflTective date (2) Every provision of a consolidating or subdividing by-law shall be deemed to have come into force on the day the original by-law came into force and to have been approved by the Municipal Board in all respects as though the approval had been obtained in respect of that provision in the consolidating or subdividing by-law. 8. — (1) In this section, "Commission" means The London London 'Transit Commission Transit Commission. Commission continued as body corporate (2) The London Transportation Commission established by By-law L.T.C.-1-158, passed by the council on the 19th day of May, 1952, is continued as a body corporate under the name of The London Transit Commission with the powers, rights, authorities and privileges vested in it by any general or special Act or otherwise except as provided by this section. (3) The members of the Commission holding office on the of'prese^nt^^"" day this subsection comes into force shall hold office until members the 31st day of December, 1977. (4) On and after the 1st day of January, 1978, the Com- ^f°t^P°^^"°° mission shall be appointed by the council and shall consist commission of, (a) two members of the council who shall hold office during the term of the council ; and {b) three residents of the municipality who shall hold office for three years, provided that on the first appointment the council from among such residents shall designate one who shall hold office until the 31st day of December, 1978, one of whom shall hold office until the 31st day of December, 1979, and one of whom shall hold office until the 31st day of December, 1980, so that one of such residents shall retire each year. (5) Members shall be eligible for reappointment. men^^°*'^' (6) The Commission is the agent of the Corporation on ^g^lTthe *^ whose behalf the Commission shall exercise the operation, corporation alteration, repair, control and management of the local transportation system of the municipality. (7) The Commission and the council shall consult regularly consultation on local transportation system policy and on the general administration and affairs of the Commission in relation to general municipal policy and the administration and affairs of the Corporation. (8) If, notwithstanding the consultations provided for in Resolution subsection 7, there shall emerge a difference of opinion between conflicts the Commission and the council concerning the course of pohcy to be followed, the council may by resolution give to the Commission a directive concerning the local trans- portation system policy of the Commission in specific terms and applicable for a specified period, and the Commission shall comply with such directive. (9) The Commission shall, in each year on or before such Estimates time as the council may prescribe, prepare in consultation with the administrative departments of the Corporation and submit to the council for its consideration and approval an estimate of all sums required during the year for the purposes of the Commission. Annual report (10) The Commission shall, in each year on or before such time as the council may prescribe, make a report to the council upon the affairs of the Commission and the local transportation system of the municipality. 1931, c. 107, S.9, re-enacted 9. Section 9 of The City of London Act, 1931, being chapter 107, as re-enacted by the Statutes of Ontario, 1956, chapter 108, section 7, is repealed and the following sub- stituted therefor: Municipal golf courses Penalties respecting parKS R.S.0. 1970, c. 384 9. The Public Utilities Commission of the City of London may from time to time with the consent of the council of the Corporation acquire by purchase, lease or otherwise such land or lands within the City and within ten miles of the City as the Commission may deem necessary or expedient, and may improve and develop the same for use as a municipal golf course or municipal golf courses, and may maintain, manage, operate and control the same from time to time as a municipal golf course or courses. 10. The Public Utihties Commission of the City of London may pass by-laws providing that every person who contravenes any by-law of the Commission passed under The Public Parks Act is guilty of an offence and on summary conviction is hable to a fine of not less than $20 and not more than $1,000, exclusive of costs, or to imprisonment for a term of not more than six months, or to both, and is liable to an action at the suit of the Commission to make good any damages caused by him, and such by-laws may be enforced and the penalties thereunder recovered in a like manner as by-laws of municipal councils and the penalties thereunder may be enforced and recovered, and every fine so imposed shall belong to the Commission. Certain lands vested in The Consortium Group Limited Debentures 11. The lands and premises in the City of London, formerly in the Township of Westminster, in the County of Middlesex, composed of that part of Lot 21 in the Second Concession of the Township designated as Part 1 on a reference plan deposited in the Land Registry Office for the Registry Divi- sion of Middlesex East (No. 33) as Plan 33R-2344 are declared to be and to have been at all times since the 28th day of September, 1976, vested in The Consortium Group Limited in fee simple free and clear from all rights, trusts, titles, interests, limitations, restrictions or covenants except the reservations, limitations, provisos and conditions expressed in the original grant from the Crown. 12. — (1) The council is hereby authorized to pass a by-law, without obtaining the approval of the Municipal Board, authorizing the borrowing of a sum not exceeding $2,123,000 upon debentures of the Corporation, payable in not more than twenty years, for the purpose of paying part of the cost of construction of the Talbot Square Underground Park- ing Garage. (2) Sections 55, 56, 57 and 58 of The Ontario Municipal ^^"1 Board Act apply in respect of a by-law passed under sub- c. '323' section 1 and to any debentures to be issued thereunder. (3) For the purpose of every Act, the Municipal Board or^^er^*^ shall be deemed to have issued an order under section 64 of The Ontario Municipal Board Act, not subject to section 42 or to petition or appeal under section 94 or 95 of the said Act, authorizing the construction referred to in subsection 1 and authorizing the Corporation to issue debentures there- under. (4) The Corporation may exchange debentures issued under febentm-es ^ subsection 1 with the holders, or the trustees of the holders, of the Series A First Mortgage Bonds dated as of the 16th day of December, 1974, in the principal amount of $2,123,000 of Co vent Garden Building Incorporated, guaranteed by the Corporation under the authority of an order of the Municipal Board dated the 5th day of March, 1974, (File E 74117) and upon exchange, the proceeds under the mortgage bonds shall be deemed to be proceeds received by a municipality as defined in The Municipal Affairs Act for the purposes of ^c^ifs 267'* subsection 4 of section 2 of The Mechanics' Lien Act. 13. Section 5 of The City of London Act, 1974, being i^'i c. i48. chapter 148, is amended by adding thereto the following amended subsection : (11a) The Corporation shall have no obligation to sub-i^em sidize operating costs of The London Art Gallery Board beyond any annual grants which may be made pursuant to subsection 11. 14. This Act comes into force on the day it receives Royal ^^^^^^^' Assent. 15. The short title of this Act is The City of London Act, snort title 1977. 8 FORM 1 THE CORPORATION OF THE CITY OF LONDON Local Municipal Debenture Registered owner Debenture number Dated Principal sum Maturing Annual interest rate Interest payment plan Interest payment dates the 1st day of $ the 1st day of the 1st day of The Corporation of the City of London (the Corporation) for value received will pay to the registered owner named herein or registered assigns and named in the records of the Corporation the principal sum in lawful money of Canada upon presentation and surrender of this debenture at {place of payment) together with interest thereon in like money at the interest rate stated herein. Interest will be paid as it becomes due on the interest payment dates each year until maturity either by cheque or by deposit to the credit of an account in any chartered bank, trust company, savings office or credit union, depending upon the interest payment plan stated herein. This debenture is redeemable prior to maturity at the option of the Cor- poration in the event of the death of the registered owner or registered assigns, but otherwise is redeemable only at maturity. The Corporation will be liable only for the amount of principal and interest as set out herein. In Witness Whereof the Corporation has caused this debenture to be signed by the Mayor and City Treasurer by facsimiles of their signatures and by an authorized officer and has caused its corporate seal or facsimile thereof to be impressed or imprinted hereon as of the date shown above. Mayor City Treasurer Authorized Officer FORM 2 STATUTORY DECLARATION I , of the City of London, in the County of Middlesex, Treasurer, make oath and say as follows : 1. I am the Treasurer of The Corporation of the City of London and as such have knowledge of the matters herein deposed to. 2. Annexed and marked Schedule "A" hereto are particulars of all local municipal debentures issued by the Corporation during the year ended the 31st day of December, 19 including the authorizations or portions thereof by the Ontario Municipal Board in respect of which such debentures were issued, and the interest payable during the year on such debentures. 3. The total amount of local municipal debentures referred to in paragraph 2 hereof did not exceed 25 per cent of the debentures authorized by the Ontario Municipal Board. 4. Annexed and marked Schedule "B" hereto are particulars of all local municipal debentures redeemed by the Corporation during the year referred to in paragraph 2 hereof, including the interest and principal paid therefor. 5. Annexed and marked Schedule "C" hereto are particulars of all local municipal debentures outstanding at the end of the year referred to in paragraph 2 hereof including the amount sufficient to pay the interest when due and the principal at maturity. Sworn before me at the City ~x of in the of this day of 19 > A Commissioner, etc. ^ 3. 00 ^1 s w Si- O o CV) o ***«* s cr Co Sia fD >3 1-1 to CM ^ S) <-t- o ^ ^ Sr'> a> 3 n > <-*-' o -< r-t- o 1— K S C/) o o 3 r^ /^ - o 3 orq BILL PrlO 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of London Mr. Walker TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL PrlO 1977 An Act respecting the City of London WHEREAS The Corporation of the City of London Preamble hereby apphes for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, lllt:Z'- {a) "Corporation" means The Corporation of the City of London; (6) "council" means the council of the Corporation; (c) "Municipal Board" means the Ontario Municipal Board. 2. The affirmative vote of a majority of the members of Majority the council present at a meeting thereof shall be deemed to council be a two-thirds vote for the purposes of section 208 ofj^gQ^g^Q The Municipal Act. c.m ' 3. Subsection 2 of section 1 of The City of London ^c/, i^J^-g'^i^^- 1973, being chapter 194, is repealed and the following re-enacted substituted therefor: (2) When the head of the council is absent from the Powers municipality or absent through illness or his office is vacant, the deputy mayor shall act in his place and shall have and may exercise all the rights, powers and authority of the head of council including, where no appointment is made under section 213 of The Municipal Act, acting in place of the head of the council on any board, com- mission or other body of which the head of the council is a member ex officio under any general or special Act, except the board of commissioners of police. Local municipal debentures authorized R.S.0. 1970, C.284 4. — (1) Notwithstanding any provisions of The Munici- pal Act to the contrary, the council may pass by-laws without the assent of the electors for issuing debentures, called "local municipal debentures", the total amount of which shall not exceed 25 per cent of the debentures authorized in each year by the Municipal Board, in such multiples of $500 and at such times as in the opinion of the council it would be of advantage to so issue them, for any fixed term of years not exceeding five at the expiration of which the principal shall be repaid, but redeemable prior to maturity at the option of the Corporation in the event of the death of any owner thereof, with interest payable annually or semi-annually. Idem (2) Every by-law for issuing local municipal debentures shall clearly specify, by recital or otherwise, in respect of what authorizations or portions thereof by the Municipal Board the debentures are being issued. Idem (3) A by-law for issuing local municipal debentures need not impose any rate to provide for the payment of debentures issued under it or the interest thereon, but the by-law shall provide that the interest and any amounts of principal payable in each year during the currency of the debentures issued under it shall be provided for in the estimates of each such year. Effective date of by-law (4) Unless the by-law names a later day when it is to take effect, it shall take effect on the day of its passing. Approval of authori- zations by O.M.B. (5) A by-law for the issuing of local municipal debentures may be passed before the authorizations by the Municipal Board in respect of which the debentures are being issued have been obtained if such by-law contains a provision to the effect that the by-law shall not take effect until such authorizations have been obtained. Unsold debentures (6) If any local municipal debentures remain unsold or undisposed of, the council from time to time may set or vary the rate or rates of interest payable on such debentures when sold or disposed of. Date of debenture (7) Every local municipal debenture shall be dated the first day of the month next following the month in which the debenture is sold or disposed of. Time for issue (8) The first of such debentures shall be issued within two years and all of them within five years, after the passing of the by-law. (9) Any local municipal debentures may be registered Registration as to both principal and interest with provision for payment of interest by cheque, or by deposit to the credit of an account in any chartered bank, trust company, savings office or credit union. (10) A local municipal debenture shall be in Form 1. Form (11) No local municipal debenture shall be hypothecated No^^yp°^^«- by the council to raise money by way of a loan on it. (12) Where part only of a sum of money provided for ^^ve&i by by-law has been raised, the council may repeal the by-law as to the whole or any part of the residue, but the sale or disposition of debentures issued under it are valid and binding according to the terms thereof, and the council may in respect of the residue by the same or another by-law without the assent of the electors provide for issuing debentures payable by a different mode. (13) The financial statements of the Corporation in each ft^t^ments year during the currency of any local municipal debentures shall include or be accompanied by a statement verified by a statutory declaration in Form 2 of the treasurer of the Corporation of the sums sufficient to pay the interest and any amounts of principal payable in that and subsequent years, for certification and any report thereon by the auditor. (14) The forms hereto are prescribed for use with such ^o^'i^^ variations, not affecting the substance or calculated to mislead, as circumstances require. (15) Paragraphs 1 and 2 of subsection 13 of section 288 Application of The Municipal Act apply with all necessary modifications ^f84^g^288 to any by-law passed under this section. (16) Subsections 2 and 3 of section 326 of The Municipal '^^^"^ Act apply with all necessary modifications to any debenture issued pursuant to a by-law passed under this section. (17) This section is repealed on the 31st day of December, Repeal 1982. 5. In addition to any of the powers conferred on the o®|gpg^°^°^ council of any municipality by any general or special Act, the council, in exercising by by-law any of its powers to license, regulate, govern or prohibit, may provide in any such by-law that the court, wherein the information is first laid, and any court of competent jurisdiction thereafter, Local improve- ments may issue an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. 6. The council may by by-law provide that the Cor- poration shall, and the Corporation is hereby empowered to, assume the owners' portion of the cost of the following works that otherwise would be chargeable against lands for which no private drain connection is or has been constructed as part of the works: 1. Traction Creek Area Lateral Storm Sewers - Phase III (By-law ST.S.-105-31). 2. Wortley Road Trunk Storm Sewers - Phase I (By-law ST.S.-106-32). 3. Manor Park Area Lateral Storm Sewers - Phase II (By-law ST.S.-107-328). 4. McNay Drainage Area Lateral Storm Sewers - Phase V (By-law ST.S.-108-329). 5. Wortley Road Trunk Storm Sewers (By-law ST.S.-109-330). Phase II Consolida- tion or subdivision of by-laws R.S.0. 1970, C.349 7. — (1) The council may pass by-laws consolidating or subdividing existing by-laws and such consolidation or sub- dividing of by-laws may include within them the provisions of any by-law previously passed by the council under section 35 of The Planning Act and approved by the Municipal Board. Effective date (2) Every provision of a consolidating or subdividing by-law shall be deemed to have come into force on the day the original by-law came into force and to have been approved by the Municipal Board in all respects as though the approval had been obtained in respect of that provision in the consolidating or subdividing by-law. London Transit Commission 8. — (1) In this section, Transit Commission. "Commission" means The London Commission continued as body corporate (2) The London Transportation Commission established by By-law L.T.C. -1-158, passed by the council on the 19th day of May, 1952, is continued as a body corporate under the name of The London Transit Commission with the powers, rights, authorities and privileges vested in it by any general or special Act or otherwise except as provided by this section. (3) The members of the Commission holding office on the ^f°°r*^ise'S*'°'' day this subsection comes into force shall hold office until members the 31st day of December, 1977. (4) On and after the 1st day of January, 1978, the Com- ^S°^*"°° mission shall be appointed by the council and shall consist commission of. {a) two members of the council who shall hold office during the term of the council ; and (b) three residents of the municipality who shall hold office for three years, provided that on the first appointment the council from among such residents shall designate one who shall hold office until the 31st day of December, 1978, one of whom shall hold office until the 31st day of December, 1979, and one of whom shall hold office until the 31st day of December, 1980, so that one of such residents shall retire each year. (5) Members shall be eligible for reappointment. men^t^"*"*^' (6) The Commission is the agent of the Corporation on ^g^lnhe ^^ whose behalf the Commission shall exercise the operation, corporation alteration, repair, control and management of the local transportation system of the municipality. (7) The Commission and the council shall consult regularly consultation on local transportation system policy and on the general administration and affairs of the Commission in relation to general municipal policy and the administration and affairs of the Corporation. (8) If, notwithstanding the consultations provided for in Resolution subsection 7, there shall emerge a difference of opinion between conflicts the Commission and the council concerning the course of policy to be followed, the council may by resolution give to the Commission a directive concerning the local trans- portation system policy of the Commission in specific terms and applicable for a specified period, and the Commission shall comply with such directive. (9) The Commission shall, in each year on or before such Estimates time as the council may prescribe, prepare in consultation with the administrative departments of the Corporation and submit to the council for its consideration and approval an estimate of all sums required during the year for the purposes of the Commission. Annual report 1931, c. 107, S.9. re-enacted (10) The Commission shall, in each year on or before such time as the council may prescribe, make a report to the council upon the affairs of the Commission and the local transportation system of the municipality. 9. Section 9 of The City of London Act, 1931, being chapter 107, as re-enacted by the Statutes of Ontario, 1956, chapter 108, section 7, is repealed and the following sub- stituted therefor: Municipal golf courses 9. The Public Utilities Commission of the City of London may from time to time with the consent of the council of the Corporation acquire by purchase, lease or otherwise such land or lands within the City and within ten miles of the City as the Commission may deem necessary or expedient, and may improve and develop the same for use as a municipal golf course or municipal golf courses, and may maintain, manage, operate and control the same from time to time as a municipal golf course or courses. Penalties respecting parks R.S.0. 1970, c. 384 10. The Pubhc UtiUties Commission of the City of London may pass by-laws providing that every person who contravenes any by-law of the Commission passed under The Public Parks Act is guilty of an offence and on summary conviction is liable to a fine of not less than $20 and not more than $1,000, exclusive of costs, or to imprisonment for a term of not more than six months, or to both, and is liable to an action at the suit of the Commission to make good any damages caused by him, and such by-laws may be enforced and the penalties thereunder recovered in a like manner as by-laws of municipal councils and the penalties thereunder may be enforced and recovered, and every fine so imposed shall belong to the Commission. Certain lands vested in The Consortium Group Limited Debentures 11. The lands and premises in the City of London, formerly in the Township of Westminster, in the County of Middlesex, composed of that part of Lot 21 in the Second Concession of the Township designated as Part 1 on a reference plan deposited in the Land Registry Office for the Registry Divi- sion of Middlesex East (No. 33) as Plan 33R-2344 are declared to be and to have been at all times since the 28th day of September, 1976, vested in The Consortium Group Limited in fee simple free and clear from all rights, trusts, titles, interests, limitations, restrictions or covenants except the reservations, limitations, provisos and conditions expressed in the original grant from the Crown. 12. — (1) The council is hereby authorized to pass a by-law, without obtaining the approval of the Municipal Board, authorizing the borrowing of a sum not exceeding $2,123,000 upon debentures of the Corporation, payable in not more than twenty years, for the purpose of paying part of the cost of construction of the Talbot Square Underground Park- ing Garage. (2) Sections 55, 56, 57 and 58 of The Ontario Municipal i<^em Board Act apply in respect of a by-law passed under sub-c.323' section 1 and to any debentures to be issued thereunder. (3) For the purpose of every Act, the Municipal Board deemed shall be deemed to have issued an order under section 64 of The Ontario Municipal Board Act, not subject to section 42 or to petition or appeal under section 94 or 95 of the said Act, authorizing the construction referred to in subsection 1 and authorizing the Corporation to issue debentures there- under. (4) The Corporation may exchange debentures issued under febentiu-es^ subsection 1 with the holders, or the trustees of the holders, of the Series A First Mortgage Bonds dated as of the 16th day of December, 1974, in the principal amount of $2,123,000 of Co vent Garden Building Incorporated, guaranteed by the Corporation under the authority of an order of the Municipal Board dated the 5th day of March, 1974, (File E 74117) and upon exchange, the proceeds under the mortgage bonds shall be deemed to be proceeds received by a municipality as defined in The Municipal Affairs Act for the purposes of ^c.^iPs, 2^7°' subsection 4 of section 2 of The Mechanics' Lien Act. 13. Section 5 of The City of London Act, 1974, being i9|4, c. mb, chapter 148, is amended by adding thereto the following amended subsection : (11a) The Corporation shall have no obligation to sub-i<^e™ sidize operating costs of The London Art Gallery Board beyond any annual grants which may be made pursuant to subsection 1 1 . 14. This Act comes into force on the day it receives Royal m°e^r^°°^ Assent. 15. The short title of this Act is The City of London Act, snort title 1977. FORM 1 THE CORPORATION OF THE CITY OF LONDON Local Municipal Debenture Registered owner Debenture number Dated Principal sum Maturing Annual interest rate Interest payment plan Interest payment dates the 1st day of $ the 1st day of the 1st day of The Corporation of the City of London (the Corporation) for value received will pay to the registered owner named herein or registered assigns and named in the records of the Corporation the principal sum in lawful money of Canada upon presentation and surrender of this debenture at {place of payment) together with interest thereon in like money at the interest rate stated herein. Interest will be paid as it becomes due on the interest payment dates each year until maturity either by cheque or by deposit to the credit of an account in any chartered bank, trust company, savings office or credit union, depending upon the interest payment plan stated herein. This debenture is redeemable prior to maturity at the option of the Cor- poration in the event of the death of the registered owner or registered assigns, but otherwise is redeemable only at maturity. The Corporation will be liable only for the amount of principal and interest as set out herein. In Witness Whereof the Corporation has caused this debenture to be signed by the Mayor and City Treasurer by facsimiles of their signatures and by an authorized officer and has caused its corporate seal or facsimile thereof to be impressed or imprinted hereon as of the date shown above. Mayor City Treasurer Authorized Officer FORM 2 STATUTORY DECLARATION I, of the City of London, in the County of Middlesex, Treasurer, make oath and say as follows : 1. I am the Treasurer of The Corporation of the City of London and as such have knowledge of the matters herein deposed to. 2. Annexed and marked Schedule "A" hereto are particulars of all local municipal debentures issued by the Corporation during the year ended the 31st day of December, 19. . . ., including the authorizations or portions thereof by the Ontario Municipal Board in respect of which such debentures were issued, and the interest payable during the year on such debentures. 3. The total amount of local municipal debentures referred to in paragraph 2 hereof did not exceed 25 per cent of the debentures authorized by the Ontario Municipal Board. 4. Annexed and marked Schedule "B" hereto are particulars of all local municipal debentures redeemed by the Corporation during the year referred to in paragraph 2 hereof, including the interest and principal paid therefor. 5. Annexed and marked Schedule "C" hereto are particulars of all local municipal debentures outstanding at the end of the year referred to in paragraph 2 hereof including the amount sufficient to pay the interest when due and the principal at maturity. Sworn before me at the City ^ of in the this 19 of day of > J A Commissioner, etc. s w o O o rt> rt> O o o r-t- a> Ui fD t\i O ^^ 3 cr rD 3 a- ►1 cr to C/5 <-t- S) Si- . Si r-t- p' I—' S) ?i- •Si . o MD ^O •^ ^ ^4 ^ ^ •~J tr > a> 3 Q > <-+' o ^ <-+■ o "I ' C/l r o o 3 (-»■ o 5" Q"5 BILL Prll Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act respecting the City of Windsor Mr. Newman Windsor- Walkerville TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prll 1977 An Act respecting the City of Windsor WHEREAS The Corporation of the City of Windsor, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsection 7 of section 4 of The City of Windsor Ad,'^^^^- ,,„^ ■^ ■' C. 166, S. 4 (7), 1958, being chapter 166, is amended by striking out "$300" amended in the sixth line and inserting in lieu thereof "$1,000". 2. — (1) The council of the Corporation may pass any b*°f°4*g°^ by-law that The Board of Commissioners of PoHce for the City of Windsor is authorized to pass under The Municipal ^fg^-^^'^"' Act or under section 2 of The City of Windsor Act, 1972. 1972, c. 204 (2) The council of the Corporation shall appoint a licensing ^ommlule committee composed of three members of the council who shall exercise the power to license any trade, calling, business or occupation authorized by a by-law passed pursuant to this or any other general or special Act. (3) {a) The licensing committee shall elect a chairman and and^"^"^^" the majority of the members shall constitute a quorum quorum ; [h) The council of the Corporation may provide for the payment of salaries, expenses or allowances for the members of the licensing committee. (4) The power granted to license any trade, calling, business Powers or occupation or the person carrying on or engaged in it, includes the power to prohibit the carrying on or the engaging in it without a licence and the power to suspend or revoke By-laws R.S.0. 1970, C.284 1972, c. 204 Licence Commis- sioner Appeal procedure a licence and the power to regulate, govern, prohibit or limit any trade, calling, business or occupation or the person carrying on or engaging in it. (5) Where a by-law has been passed by the council of the Corporation pursuant to this Act, any by-law of The Board of Commissioners of Police for the City of Windsor passed under the same provisions of The Municipal Act or under section 2 of The City of Windsor Act, 1972 has no effect. (6) Notwithstanding section 3, the council of the Cor- poration may by by-law appoint a Licence Commissioner who, upon receipt of an application in the prescribed form for a licence or renewal thereof, shall make or cause to be made all investigations required by law or by council relative to such apphcation, and if the investigations fail to disclose any reason to believe that the appHcant is not of good character or that the carrying on of the said trade, calling, business or occupation will be likely to result in a breach of the law or be in any way adverse to the public interest, the Licence Commissioner may issue or renew the licence. (7) The decision of the Licence Commissioner in refusing to issue or renew a licence is subject to an appeal therefrom to the licensing committee whose decision is final. Interpre- tation R.S.0. 1970, c.284 By-laws Commence- ment 3. — (1) In this section, "employee" and "retired employee" means an employee and a retired employee as defined in paragraph 64 of section 352 of The Municipal Act. (2) The council of the Corporation may pass by-laws for paying the whole or part of the cost of the Ontario Health Insurance Plan and the whole or part of the cost of a supplementary health insurance plan which includes any or all of the following benefits, {a) semi-private hospital coverage ; {b) prescription drug coverage ; (c) dental service coverage, for the widows and dependants of employees and retired employees. 4. This Act comes into force on the day it receives Royal Assent. Short title 5. The short title of this Act is The City of Windsor Act, 1977. ^ ta 3 S w w o 1-1 1 p ^ ^ 2 CD > z c-o Si- I' O o l-K i>o O |>~» s cr C/5 S^ a> "^^ ^ 1-1 >3 55 ^ s> ^ ^ --4 ^ > 3 n r-t- > o o 1-1 >-h fD W g ^ n 3 i-t- O B' BILL Prll Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Windsor Mr. Newman Windsor- Walkerville {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prll 1977 An Act respecting the City of Windsor WHEREAS The Corporation of the City of Windsor, Preamble herein called the Corporation, hereby apphes for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Subsection 7 of section 4 of The City of Windsor ^c^. c^ie^ s 4(7) 1958, being chapter 166, is amended by striking out "$300" amended in the sixth line and inserting in lieu thereof "$1,000". 2. — (1) The council of the Corporation may pass any ^^^f°^^°^ by-law that The Board of Commissioners of Police for the City of Windsor is authorized to pass under The Municipal ffg^-^^"' Act or under section 2 of The City of Windsor Act, 1972. 1972. c. 204 (2) The council of the Corporation shall appoint a Hcensing commfttle committee composed of three members of the council who shall exercise the power to license any trade, calling, business or occupation authorized by a by-law passed pursuant to this or any other general or special Act. (3) (a) The licensing committee shall elect a chairman and ^^f'"'^^'^ the majority of the members shall constitute a quorum quorum ; [h) The council of the Corporation may provide for the payment of salaries, expenses or allowances for the members of the licensing committee. (4) The power granted to hcense any trade, calling, business Powers or occupation or the person carrying on or engaged in it, includes the power to prohibit the carrying on or the engaging in it without a licence and the power, after hearing the By-laws R.S.0. 1970, C.284 1972. c. 204 Licence Commis- sioner licensee, to suspend or revoke a licence and the power to regulate or govern any trade, calling, business or occupation or the person carrying on or engaging in it. (5) Where a by-law has been passed by the council of the Corporation pursuant to this Act, any by-law of The Board of Commissioners of Police for the City of Windsor passed under the same provisions of The Municipal Act or under section 2 of The City of Windsor Act, 1972 has no effect. (6) Notwithstanding section 3, the council of the Cor- poration may by by-law appoint a Licence Commissioner who, upon receipt of an application in the prescribed form for a licence or renewal thereof, shall make or cause to be made all investigations required by law or by council relative to such application, and if the investigations disclose any reason to believe that the applicant is not of good character or that the carrying on of the said trade, calling, business or occupation will be likely to result in a breach of the law or be in any way adverse to the pubhc interest, the Licence Commissioner shall recommend to the licensing committee that it not issue or renew the licence. Appeal procedure Application of 1971, 0. 47 (7) The decision of the licensing committee in refusing to issue or renew a licence is subject to an appeal therefrom to the council of the Corporation whose decision is final. (8) This section is subject to The Statutory Powers Procedure Act, 1971. '^l Interpre- tation By-laws Repeal 3. — (1) In this section, "employee" and "retired employee" means an employee and a retired employee as defined in paragraph 64 of section 352 of The Municipal Act. (2) The council of the Corporation may pass by-laws for paying the whole or part of the cost of the Ontario Health Insurance Plan and the whole or part of the cost of a supplementary health insurance plan which includes any or all of the following benefits, {a) semi-private hospital coverage ; {h) prescription drug coverage ; (c) dental service coverage, for the spouses and dependants of deceased employees and retired employees. (3) This section is repealed on the 31st day of December, 1982. -rmm 4. This Act comes into force on the day it receives Royal ^°e^r^°°^ Assent. 5. The short title of this Act is The City of Windsor Act, short title 1977. 5^ a- ^ 3 S w _W O 1-1 1 £L ^ ^ s ro > 1-1 "Z o <-h 3 Oj ^o O !««» g> :s s cr C/5 «1 ^2- & S) ■^ S) "*^ (^ 5a- 1' 1' •-4 ^ o o O o fD fT> n O O r-K fD Oo CD t^o O K^ 3 ^ 3 cr 5^ cr a> 1^ O) ■I ^ «> •-1 to O » \o S) ^ S> c-h s^ <-+ 5i- a. p- pr 1— k (A5 t—^ c^ 1— 1. QfO o \o o -J ■^ *-j ^ ^ ^ fn > 3 O > o o i-( i-K a> m J ^ o 5 (/5 5' o Qfq BILL Prl2 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Certain Lands in the Township of Gasgrain Mr. Lane TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl2 1977 An Act respecting Certain Lands in the Township of Casgrain WHEREAS Zoel Lambert hereby represents that as the Preamble owner of certain lands, being part of broken Lot 24, in Concession IX of the Township of Casgrain in the Ter- ritorial District of Cochrane registered under The Land ^-^^ ^^''°' Titles Act as Parcel 3276 in the Register for Centre Cochrane, he caused to be filed, in the Office of Land Titles at Cochrane, on the 17th day of July, 1957, a plan of subdivision of the said lands as Plan No. Ml 93 Cochrane; that Block C and Block D on the said Plan were dedicated by him as public lands and designated on the Plan as "Public Park" and "Public Beach" respectively; that by re-entry from Parcel 3276 Centre Cochrane the said Blocks C and D are entered in Parcel 4804 Centre Cochrane as Public Highways; that the said Blocks C and D are not required nor suitable for public use; that there is alternative and better public access to the waters of Lac Ste. Therese on which such Blocks abut or to which they are adjacent ; that benefit would accrue to the adjacent lands and the owners thereof if the said Blocks C and D were restored to private ownership; and whereas the applicant hereby applies for special legislation vesting the said Blocks C and D in him in fee simple, free of any public or other right, title and interest; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The lands, situate in the Township of Casgrain in the ^*°« §■ » to > w Si- S) Si. I' ^Z o < rv) (t ►-~. S B s. >3 a' n> •-t cr a "■ c^ <7<3 3 ^ ^ > _. 3 3 > 13- O) 1-1 H o Xi ^ n> 3 n ^ B' "5' orq o O "1 o tr 5' crq •-I r p 5' 3 D- BILL Prl2 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Certain Lands in the Township of Gasgrain Mr. Lane TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl2 1977 An Act respecting Certain Lands in the Township of Casgrain WHEREAS Zoel Lambert hereby represents that as the Preamble owner of certain lands, being part of broken Lot 24, in Concession IX of the Township of Casgrain in the Ter- ritorial District of Cochrane registered under The Land ^-^o. 1970. Titles Act as Parcel 3276 in the Register for Centre Cochrane, he caused to be filed, in the Office of Land Titles at Cochrane, on the 17th day of July, 1957, a plan of subdivision of the said lands as Plan No. M193 Cochrane; that Block C and Block D on the said Plan were dedicated by him as public lands and designated on the Plan as "Public Park" and "Public Beach" respectively; that by re-entry from Parcel 3276 Centre Cochrane the said Blocks C and D are entered in Parcel 4804 Centre Cochrane as Public Highways; that the said Blocks C and D are not required nor suitable for public use; that there is alternative and better public access to the waters of Lac Ste. Therese on which such Blocks abut or to which they are adjacent; that benefit would accrue to the adjacent lands and the owners thereof if the said Blocks C and D were restored to private ownership; and whereas the applicant hereby applies for special legislation vesting the said Blocks C and D in him in fee simple, free of any public or other right, title and interest ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. The lands, situate in the Township of Casgrain in the {^^^^^^^ ^^^ted Territorial District of Cochrane, and being composed of zoei Lambert Block C and Block D as shown on a plan, filed in the land registry office for The Land Titles Division of Cochrane (No. 6) as No. Ml 93 Cochrane, are hereby vested in Zoel Lambert of the Township of Casgrain in the District of Cochrane, Clergyman, in fee simple, free of any right, title, interest or trust. Filing of Act 2. Zoel Lambert shall file a copy of this Act, within sixty days after it comes into force, in the land registry office for The Land Titles Division of Cochrane (No. 6). SienT*"*'^' ^' ^^^^ ^^^ comes into force on the day it receives Royal Assent. Short title 4. The short title of this Act is The Casgrain Township Lands Act, 1977 . > w o o ;? ;? 3 2^ 3 ^ 3 a- •-1 l-t 5^ to 3 3 p- ^ a ^ I-* H-* 1—' o vO vO ^ ^ ^ ^ ^ M «. 3 O X3 (/) cr. O Q w, ft n S" 3 3 BILL Prl3 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act riespecting Sudbury Young Women's Christian Association Mr. Germa TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl3 1977 An Act respecting Sudbury Young Women's Christian Association WHEREAS Sudbury Young Women's Christian Association, Preamble hereinafter called the Association, was incorporated by special legislation passed by the Legislative Assembly of the Province of Ontario entitled The Sudbury Young Women's Christian Association '^^^^'^■^^^ Act, 1958; that pursuant to the said Act the Association's land was exempted from taxation but only when such land was owned, occupied and used solely by the Association; and whereas the Association is presently leasing premises which it occupies and uses for the purposes of the Association; and whereas The Corporation of the City of Sudbury, hereinafter called the Corporation, hereby represents that it is desirable to continue the exemption from taxation for the land of the Association whether it is owned or leased provided that it is used for the purposes of the Association ; and whereas the Corporation hereby applies for special legislation in respect of the matters herein- after set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 8 of The Sudbury Young Women's Christian Associationl^^^'^-^^^' Act, 1958, being chapter 156, is repealed and the following re-enacted substituted therefor: 8. The council of The Corporation of the City of Sudbury Exemption may pass by-laws, exempting from taxes for municipal or taxation school purposes or both, other than local improvement charges, the land, as defined in The Assessment Act, of the ^Ig'O' i^''^' Association, provided that the land is owned and used or occupied and used solely by and for the purposes of the Association, on such conditions as may be set out in the by-law. 2. This Act shall be deemed to have come into force on the ^° nr^°°^ 1st day of January, 1977. 3. The short title of this Act is The Sudbury Young Women's^^^^^^^^^^ Christian Association Act, 1977 . tJD O w > C-0 Cv) >« S Si- Si. >i >i c^ <^ » S) Si. 5i- ^^. s §" Orq C^ o <: a> 3 cr ft) Si. c a> 5 k: o c/i orq «Ti li 3 BILL Prl4 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Ottawa Mr. Roy TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl4 1977 An Act respecting the City of Ottawa WHEREAS The Corporation of the City of Ottawa, Preamble hereinafter called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) In this section, "tenant" means a tenant within [°t®^pre- the meaning of The Landlord and Tenant Act. b.s.o. 1970, C.236 (2) Notwithstanding any general or special Act, the By-iaw ^ ' o J o r . . authorizing council of the Corporation may pass by-laws authorizing payment and directing the treasurer of the Corporation to make pay- ments to tenants of residential real property that is separately assessed under The Assessment Act in the City of Ottawa i^so- 1970, of a uniform amount to be determined by the council of the Corporation in like manner and upon the same terms and conditions as if such tenant were an owner of real property entitled to a uniform credit against real property taxes under The Municipal Elderly Resident's Assistance Act, 1973. i973,c.i54 (3) No payments shall be made pursuant to subsection Exceptions 2 to, [a) tenants residing in premises owned or administered by the City of Ottawa Non-Profit Housing Cor- poration or by Ontario Housing Corporation or any agency of the said Corporations ; or [h) tenants who are in receipt of direct financial assistance for the payment of rent from the Govern- ment of Canada, the Province of Ontario or the City of Ottawa. 2. — (1) In this section, "non-refillable container" means ajnterpre- . . tation container that will not be accepted for reuse as a container by retail vendors, distributors, processors or the manu- facturer or manufacturers of soft drinks. Prohibition Penalties and enforcement R.S.0. 1970. C.284 Power to suspend or revoke licence (2) Notwithstanding any general or special Act, the council of the Corporation may pass by-laws prohibiting the sale within the City of Ottawa of soft drinks in non- refillable containers. (3) Part XXI of The Municipal Act applies mutatis mutandis to a by-law passed under this section. 3. Notwithstanding any general or special Act, where the council of the Corporation is authorized to pass by-laws for licensing any trade, calling, business or occupation or the person carrying on or engaged in it, the council of the Corporation or a committee thereof, to be known as the Licence Committee, is authorized to suspend or revoke any such licence. Suspension of licences 4. — (1) Notwithstanding any general or special Act, where the council of the Corporation is authorized to pass by-laws for licensing any trade, calling, business or occupation or the person carrying on or engaged in it, the council of the Corporation may by by-law authorize the Chief Licence Inspector of the Corporation to suspend any such licence for such time and subject to such conditions as the by-law may provide. Idem Interpre- tation Right of entry by inspectors R.S.0. 1970, c. 349 1966, c. 179 Idem (2) No suspension of a licence by the Chief Licence Inspector is effective after the expiration of two weeks from the date of suspension or after the time of the next meeting of the Licence Committee of the council of the Corporation after the suspension, whichever occurs first. 5. — (1) In this section, "property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out-buildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property. (2) An inspector appointed by the Corporation to enforce by-laws passed under the authority of section 35 of The Planning Act, section 8 of The City of Ottawa Act, 1966 or section 7 of this Act may, at all reasonable times and upon producing proper identification, enter and inspect any property. (3) An inspector, when making an inspection permitted by subsection 2, shall not enter any room or place actually used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under section {6 oi The Summary Convictions Act. f'fdo'^^'^^' (4) In subsection 3, "occupier" means any person or i^^erpre- persons over the age of eighteen years in possession of the property. 6. — (1) Notwithstanding the provisions of any other general J°^s°by-K or special Act, the council of the Corporation may, by by-law, requiring , -11 1 • f- -fi. ^■L backfilling where an excavation has been made in connection with the of construction or proposed construction of a building or ®^°^^^ ^°°^ structure, and where, in the opinion of the council, the construction work on the project has been substantially suspended or discontinued for a period of more than two and one-half years, require the owner of the land on which there is an excavation to backfill the excavation or cause the backfilhng of the excavation. Enforcing (2) Section 469 of The Municipal Act applies mM^a/ts performance 7- 11 1 1 i_ • < of things. mutandis to any by-law passed under subsection 1. etc.. under •^ -^ ^ R.S.0. 1970. c. 284 7. — (1) The council of the Corporation may pass by-laws, fg^^f^^ casli payment to the {a) requiring that the owner of a building or structure Corporation shall pay an amount in lieu of providing the ofi- street vehicle accommodation, as relief, to the extent set out in the by-law, from any provision in any other by-law of the Corporation requiring the provision or maintenance of off-street vehicle accom- modation on land that is not part of a highway ; (b) providing for prescribing the amount of the pay- ment referred to in clause a; and (c) providing that the owner of the building or structure shall be relieved from the requirement and not be permitted to provide the off-street vehicle accom- modation referred to in clause a. (2) The payment referred to in subsection 1, shall be set Agreement out in an agreement which is subject to the approval of the Ontario Municipal Board. (3) The agreement made pursuant to subsection 2, shall P^y^^^t in provide for the payment to the Corporation of the sum of sum or by money therein set out either in a lump sum or by instal- ments, together with interest at a rate therein specified, and shall set forth the basis upon which the payment is com- puted. Reserve fund R.S.0. 1970. cc. 470, 284 (4) All moneys received by the Corporation under an agreement made pursuant to subsection 2, shall be paid into a special account and may be invested in such securities as a trustee may invest in under The Trustees Act, and the earnings derived from the investment of such moneys shall be paid into such special account, and the moneys in such special account shall be expended for the same purposes and in the same manner as a reserve fund provided for in paragraph 72 of section 352 of The Municipal Act. v^poTt^^ (5) The auditor of the Corporation in his annual report shall report on the activities and position of any special account estabhshed under this section. Lien on lands subject to agreement (6) Any agreement made pursuant to subsection 2 con- taining a description of the lands affected sufficient for registration may be registered in the proper land registry office and, when so registered, the amounts payable under such an agreement until paid shall be a lien upon the lands described therein and may be collected in the same manner and with the same remedies as provided by The Municipal Act for the collection of real property taxes, and, upon payment in full of the moneys to be paid under the agreement, there shall be registered in the proper land registry office against such lands a certificate of the clerk of the Corporation stating that the moneys to be paid under the agreement have been fully paid. Power to define areas (7) Any by-law passed under this section may define the area or areas of the City of Ottawa to which the by-law applies. Enforcement (8) The provisions of Part XXI of The Municipal Act respecting penalties apply mutatis mutandis to a by-law passed under this section. me^t"^°°^' 8. This Act comes into force on the day it receives Royal Assent. Short title 9, The short title of this Act is The City of Ottawa Act, 1977. o C-0 Si I' Si- o < o' vo s> Si. > fD 3 n > r+ o ^ <-*■ o -t >-K (/) O i-t- P 5' orq BILL Prl4 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Ottawa Mr. Roy {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl4 1977 An Act respecting the City of Ottawa WHEREAS The Corporation of the City of Ottawa, Preamble hereinafter called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) In this section, "tenant" means a tenant within I°terpre- the meaning of The Landlord and Tenant Act. rso 1970 c. 236 (2) Notwithstanding any general or special Act, the By-iaw council of the Corporation may pass by-laws authorizing payment and directing the treasurer of the Corporation to make pay- ments to tenants of residential real property that is separately assessed under The Assessment Act in the City of Ottawa R|0- is'o. of a uniform amount to be determined by the council of the Corporation in like manner and upon the same terms and conditions as if such tenant were an owner of real property entitled to a uniform credit against real property taxes under The Municipal Elderly Resident's Assistance Act, 1973. 1973,0.154 (3) No payments shall bf made pursuant to subsection Exceptions 2 to, {a) tenants residing in premises owned or administered by the City of Ottawa Non-Profit Housing Cor- poration or by Ontario Housing Corporation or any agency of the said Corporations; or {h) tenants who are in receipt of direct financial assistance for the payment of rent from the Govern- ment of Canada, the Province of Ontario or the City of Ottawa. 2. Notwithstanding any general or special Act, where ^°s^|nd°or the council of the Corporation is authorized to pass bv-laws revoke *■ r J licence for licensing any trade, calling, business or occupation or the person carrying on or engaged in it, the council of the Corporation or a committee thereof, to be known as the 1971, c. 47 Licence Committee, subject to The Statutory Powers Procedure Act, 1971, is authonzed to suspend or revoke any such licence. ofUcenceT ^* — (^) Notwithstanding any general or special Act, where the council of the Corporation is authorized to pass by-laws for licensing any trade, calling, business or occupation or the person carrying on or engaged in it, the council of the Corporation may by by-law authorize the Chief Licence Inspector of the Corporation to suspend any such licence for such time and subject to such conditions as the by-law may provide. Idem (2) No suspension of a licence by the Chief Licence Inspector is effective after the expiration of two weeks from the date of suspension or after the time of the next meeting of the Licence Committee of the council of the Corporation after the suspension, whichever occurs first. Interpre- tation 4. — (1) In this section, "property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out-buildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property. Idem R.S.0. 1970, C.450 (2) An inspector appointed by the Corporation to enforce by-laws passed under the authority of section 35 of The Right of entry by inspectors ^■f4°'^^™" Planning Act, section 8 of The City of Ottawa Act, 1966 or 1966, c. 179 section 6 of this Act may, at all reasonable times and upon producing proper identification, enter and inspect any property. (3) An inspector, when making an inspection permitted by subsection 2, shall not enter any room or place actually used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under section 16 of The Summary Convictions Act. Interpre- tation (4) In subsection 3, "occupier" means any person or persons over the age of eighteen years in possession of the property. Council may pass by-laws requiring backfilling of excavations 5. — (1) Notwithstanding the provisions of any other general or special Act, the council of the Corporation may, by by-law, where an excavation has been made in connection with the construction or proposed construction of a building or structure, and where, in the opinion of the council, the construction work on the project has been substantially suspended or discontinued for a period of more than two and one-half years, require the owner of the land on which there is an excavation to backfill the excavation or cause the backfilling of the excavation. Enforcing (2) Section 469 of The Municipal Act applies mutatis vY^ovma.nc& mutandis to any by-law passed under subsection 1 . etc., under •^ -^ ^ R.S.0. 1970, C.284 6. — (1) The council of the Corporation may pass by-laws, By-iaws cash payment to the {a) requiring that the owner of a building or structure ^^o^po^^^^io^ shall pay an amount in lieu of providing the off- street vehicle accommodation, as relief, to the extent set out in the by-law, from any provision in any other by-law of the Corporation requiring the provision or maintenance of off-street vehicle accom- modation on land that is not part of a highway ; {b) providing for prescribing the amount of the pay- ment referred to in clause a ; and (c) providing that the owner of the building or structure shall be relieved from the requirement and not be permitted to provide the of^-street vehicle accom- modation referred to in clause a. (2) The payment referred to in subsection 1, shall be set ''^*^^®®'"®°' out in an agreement which is subject to the approval of the Ontario Municipal Board. (3) The agreement made pursuant to subsection 2, shall ^fy™®°*^^° provide for the payment to the Corporation of the sum ofs*ii"orby money therein set out either in a lump sum or by instal- ments, together with interest at a rate therein specified, and shall set forth the basis upon which the payment is com- puted. (4) All moneys received by the Corporation under an^e^^l^ve agreement made pursuant to subsection 2, shall be paid into a special account and may be invested in such securities as a trustee may invest in under The Trustees Act, and the ^^^Oj I284'' earnings derived from the investment of such moneys shall be paid into such special account, and the moneys in such special account shall be expended for the same purposes and in the same manner as a reserve fund provided for in paragraph 72 of section 352 of The Municipal Act. report^'^ (5) The auditor of the Corporation in his annual report shall report on the activities and position of any special account established under this section. Lien on lands subject to agreement (6) Any agreement made pursuant to subsection 2 con- taining a description of the lands affected sufficient for registration may be registered in the proper land registry office and, when so registered, the amounts payable under such an agreement until paid shall be a lien upon the lands described therein and may be collected in the same manner and with the same remedies as provided by The Municipal Act for the collection of real property taxes, and, upon payment in full of the moneys to be paid under the agreement, the clerk of the Corporation shall, at the request of the owner of the land or other person entitled under such an agreement, provide a certificate in a form registrable in the proper land registry office on the title of the affected lands, certifying that all moneys due under the agreement have been paid. definY*^° (7) Any by-law passed under this section may define the areas area or areas of the City of Ottawa to which the by-law applies. Enforcement (8) The provisions of Part XXI of The Municipal Act respecting penalties apply mutatis mutandis to a by-law passed under this section. Sienr^'^^^' 7. This Act comes into force on the day it receives Royal Assent. Short title 8, The short title of this Act is The City of Ottawa Act, 1977. 54. >< d o, c^ o o" ft. < «> <^ ft- ^ ^ i^ J s ft. ft- >i ?a r^ CO ft Si ft- ft- S s OTQ c^ o < B cr •-t -4 ft ft- «». S Q> ^ 2. O CD i-h C/) BILL Prl4 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Ottawa Mr. Roy TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl4 1977 An Act respecting the City of Ottawa WHEREAS The Corporation of the City of Ottawa, Preamble hereinafter called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) In this section, "tenant" means a tenant within J^^f^P^®- the meaning of The Landlord and Tenant Act. r.s.o. i970, c. 236 (2) Notwithstanding any general or special Act, the futhorizin council of the Corporation may pass by-laws authorizing payment and directing the treasurer of the Corporation to make pay- ments to tenants of residential real property that is separately assessed under The Assessment Act in the City of Ottawa RSO- i97o, of a uniform amount to be determined by the council of the Corporation in like manner and upon the same terms and conditions as if such tenant were an owner of real property entitled to a uniform credit against real property taxes under The Municipal Elderly Resident's Assistance Act, 1973. 1973, c. 154 (3) No payments shall be made pursuant to subsection Exceptions 2 to, (a) tenants residing in premises owned or administered by the City of Ottawa Non-Profit Housing Cor- poration or by Ontario Housing Corporation or any agency of the said Corporations; or {b) tenants who are in receipt of direct financial assistance for the payment of rent from the Govern- ment of Canada, the Province of Ontario or the City of Ottawa. 2. Notwithstanding any general or special Act, where f°s^|nd°o the council of the Corporation is authorized to pass by-laws revoke * r ^ licence 1971, c. 47 for licensing any trade, calling, business or occupation or the person carrying on or engaged in it, the council of the Corporation or a committee thereof, to be known as the Licence Committee, subject to The Statutory Powers Procedure Act, 1971, is authorized to suspend or revoke any such hcence. onicence°s" ^* — (^^ Notwithstanding any general or special Act, where the council of the Corporation is authorized to pass by-laws for licensing any trade, calling, business or occupation or the person carrying on or engaged in it, the council of the Corporation may by by-law authorize the Chief Licence Inspector of the Corporation to suspend any such hcence for such time and subject to such conditions as the by-law may provide. Idem (2) No suspension of a licence by the Chief Licence Inspector is effective after the expiration of two weeks from the date of suspension or after the time of the next meeting of the Licence Committee of the council of the Corporation after the suspension, whichever occurs first. Interpre- tation 4. — (1) In this section, "property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, out-buildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property. Right of entry by inspectors R.S.0. 1970. C.349 1966, c. 179 Idem R.S.0. 1970, C.460 (2) An inspector appointed by the Corporation to enforce by-laws passed under the authority of section 35 of The Planning Act, section 8 of The City of Ottawa Act, 1966 or section 6 of this Act may, at all reasonable times and upon producing proper identification, enter and inspect any property. (3) An inspector, when making an inspection permitted by subsection 2, shall not enter any room or place actually used as a dwelling without the consent of the occupier except under the authority of a search warrant issued under section 16 of The Summary Convictions Act. Interpre- tation (4) In subsection 3, "occupier" means any person or persons over the age of eighteen years in possession of the property. passby-iaws ^' — (^ ) Notwithstanding the provisions of any other general requiring or Special Act, the council of the Corporation may, by by-law, excavations ^^^^^ ^^ cxcavation has been made in connection with the construction or proposed construction of a building or Structure, and where, in the opinion of the council, the construction work on the project has been substantially suspended or discontinued for a period of more than two and one-half years, require the owner of the land on which there is an excavation to backfill the excavation or cause the backfilling of the excavation. Enforcing (2) Section 469 of The Municipal Act apphes wM^a/is performance 7- 11 111 • < ofthing-s. mutandis to any by-law passed under subsection 1. etc., under •^ -^ ^ R.S.0. 1970, 0.284 Q^ — (1) The council of the Corporation may pass by-laws, ^^'^f^^^ cash payment to the (a) requiring that the owner of a building or structure ^^'■po'^^tio^ shall pay an amount in lieu of providing the off- street vehicle accommodation, as relief, to the extent set out in the by-law, from any provision in any other by-law of the Corporation requiring the provision or maintenance of off-street vehicle accom- modation on land that is not part of a highway ; (6) providing for prescribing the amount of the pay- ment referred to in clause a ; and (c) providing that the owner of the building or structure shall be relieved from the requirement and not be permitted to provide the off-street vehicle accom- modation referred to in clause a. (2) The payment referred to in subsection 1, shall be set ''^^'■®®'"®°*^ out in an agreement which is subject to the approval of the Ontario Municipal Board. (3) The agreement made pursuant to subsection 2, shall ff^^®"^**^ provide for the payment to the Corporation of the sum ofs^^morby ^ . . ^ '' .,. ,^ 1-, instalment money therein set out either in a lump sum or by instal- ments, together with interest at a rate therein specified, and shall set forth the basis upon which the payment is com- puted. (4) All moneys received by the Corporation under an^^e^ve agreement made pursuant to subsection 2, shall be paid into a special account and may be invested in such securities as a trustee may invest in under The Trustees Act, and the ^^^^j i284'' earnings derived from the investment of such moneys shall be paid into such special account, and the moneys in such special account shall be expended for the same purposes and in the same manner as a reserve fund provided for in paragraph 72 of section 352 of The Municipal Act. Auditor's report (5) The auditor of the Corporation in his annual report shall report on the activities and position of any special account established under this section. Lien on lands subject to agreement (6) Any agreement made pursuant to subsection 2 con- taining a description of the lands affected sufficient for registration may be registered in the proper land registry office and, when so registered, the amounts payable under such an agreement until paid shall be a hen upon the lands described therein and may be collected in the same manner and with the same remedies as provided by The Municipal Act for the collection of real property taxes, and, upon payment in full of the moneys to be paid under the agreement, the clerk of the Corporation shall, at the request of the owner of the land or other person entitled under such an agreement, provide a certificate in a form registrable in the proper land registry office on the title of the affected lands, certifying that all moneys due under the agreement have been paid. define'^'" (7) Any by-law passed under this section may define the areas area or areas of the City of Ottawa to which the by-law applies. Enforcement (8) The provisions of Part XXI of The Municipal Act respecting penalties apply mutatis mutandis to a by-law passed under this section. ment"^^''^' '^ ' ^^^^ ^^^ comes into force on the day it receives Royal Assent. Short title 8, The short title of this Act is The City of Ottawa Act, 1977. o o 'Z o "Z < < o < B cr a> 3 B 1 Co •-t S« >i J^ N3 bO M OS 00 r-t- ?4- 00 l-t- ^ tr r^ cr ;$ p" s ■* 0^5 - c^ 0^ H- ^ H- * (— k O O O ^ ^ ^ ^ ^ ^ > n> 3 n > r-f- o ^ (-h o l-K t^ O fD (-»■ <-t- O ^ p 5' orq BILL Prl5 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Ottawa Mr. Roy TORONTO Printed by J. C. Thatcher, Queen's Printer Fok Ontario BILL Prl5 1977 An Act respecting the City of Ottawa WHEREAS The Corporation of the City of Ottawa, Preamble hereinafter called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) Notwithstanding any general or special Act, the ^y^i^w^ council of the Corporation may pass a by-law providing that Board of the Corporation shall not have a Board of Control as of the date to be named in the by-law. (2) A by-law passed pursuant to subsection 1 shall not b°ontarkf^ require the approval of the Ontario Municipal Board. Municipal (3) The council of the Corporation shall exercise all the *^°e°^"/° powers and perform all the duties of the Board of Control powers of as of the date named in a by-law passed pursuant to sub- control section 1. (4) Notwithstanding subsection 3, the council of the Cor- Delegation poration may by by-law delegate to such committees of council, as council may determine, such powers and duties as would be, but for a by-law passed pursuant to subsection 1 , exercised or performed by the Board of Control. 2. This Act comes into force on the day it receives Roval commence- J J ment Assent. 3. The short title of this Act is The City of Ottawa Act, 1977. short title ba o o o i-f- a> 3 ^ o a- On Q> ?i. ?i- a> ^■^ r+ O >3 55 1-1 o ?S Si. 1' -4 Si- 9^ ^ 2- p crq BILL Prl6 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act respecting the County of Middlesex Mr. Eaton TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl6 1977 An Act respecting the County of Middlesex WHEREAS by letters patent under the Great Seal of the Preamble Province of Ontario dated the 11th day of December, 1868, The Corporation of the County of Middlesex was granted certain lands situate, lying and being in the City of London in the County of Middlesex described therein and set forth in the Schedule hereto in trust for the uses and purposes of the gaol and court house of the said County of Middlesex; and whereas the said lands are no longer required for the uses and purposes of the gaol and court house for the said County of Middlesex; and whereas The Corporation of the County of Middlesex is desirous of holding the said lands free from the trust or trusts contained in the said letters patent and hereby applies for special legislation to permit the holding of the said lands free of such trust or trusts; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1 . The lands described in the letters patent under the v|ated°in*°*^^ Great Seal of the Province of Ontario and described in the county of Schedule hereto are declared to be and to have been at all free from times since the 11th day of December, 1868 vested in The Corporation of the County of Middlesex in fee simple free from any trust or trusts set out in the said letters patent, and the trustee under the trust or trusts is hereby absolved from any duties, responsibilities or liabilities imposed upon it by the said letters patent or by law. 2. This Act comes into force on a day to be named bv commence- 1 • r 1 X • ^ ment proclamation of the Lieutenant Governor. 3. The short title of this Act is The County of Middlesex snort title Act, 1977. SCHEDULE All and Singular those certain parcels or tracts of land and premises situate, lying and being in the City of London in the County of Middlesex and Province of Ontario containing by admeasurement four acres, be the same more or less, being composed of lots 21, 22, 23 and 24 on the south side of Dundas Street and lots 21, 22, 23 and 24 on the north side of King Street in the said City. •^ g w H O ^ Z O o a> r-t- o 3 C-o tVJ O •x. 3 > S S cr* '^ ?0 •-1 to S) O ro Si. Si. ^X3 0^5 c^ o 0^5 0^ rf- fD orq (/5 •«4 ft) X BILL Prl7 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Kitchener Mr. Breithaupt TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl7 1977 An Act respecting the City of Kitchener WHEREAS The Corporation of the City of Kitchener, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 3 of The Kitchener-Waterloo Y.M.C.A. ««^ ^^^^^e s 3 Kitchener Y.W.C.A. Act, 1924, being chapter 146, is repealed re-enacted and the following substituted therefor: 3. The buildings, lands, equipment and undertaking i[-^- exempt of the Young Women's Christian Association of from o taxation Kitchener in the City of Kitchener, so long as the same are occupied by and used for the purposes of the Association, shall be and the same are hereby declared to be exempt from taxation for the year 1977 and thereafter except for garbage taxes and taxes for local improvements. 2. — (1) The Corporation may enter into agreements with gn^gHnto^^ the owners or lessees of land abutting on a highway for the ^|J®|^f°^^ construction, maintenance and use of buildings or parts building thereof, over, across or under the highway upon such terms beneath and conditions as may be agreed and for leasing or licensing ^^^^^^^^^ the use of the air-space over the highway or the lands under the highway to such persons for such consideration and upon such terms and conditions as may be agreed. (2) Subsection 1 applies only to highways under the juris- Application diction and control of the Corporation. (3) An agreement made pursuant to section 1 which affects mnist^erof a highway or a highway right of way which is a connecting ^lon^and"^*^* hnk, within the meaning of section 19 of The Public Trans- ^0^3"^^°^°*' portation and Highway Improvement Act shall have no effect r.s.o. 1970, until approved by the Minister of Transportation and Com- munications for the Province. Council may impose conditions prior to rezoning R.S.0. 1970, C.349 When agreement takes effect Notice Agreements Appeal Commence- ment 3. — (1) The council of the Corporation, in determining whether any land is to be zoned or rezoned to permit multiple residential use thereof, shall have regard to the matters to be had regard to under subsection 4 of section 33 of The Planning Ad and, subject to subsection 2, has the same powers with respect to such zoning or rezoning as the Minister of Housing has with respect to an approval of a plan of subdivision under subsections 5 and 8 of section 33 of The Planning Act and shall require by by-law, that all conditions be included in an agreement to be signed prior to the passing of the by-law zoning or rezoning the said land. (2) The agreement mentioned in subsection 1 shall take effect only upon the approval of the by-law zoning or rezoning the land by the Ontario Municipal Board. (3) Notice of the requirements of council set out in sub- section 1 shall be sent by registered mail by the Corporation to the Minister of Housing, the applicant for rezoning and to the owner of the land within fourteen days of the passing of the by-law requiring the said conditions. (4) The Corporation may enter into agreements providing for fulfilment by the owner of the lands of all or any of the conditions imposed under subsection 1 and such agree- ments, when registered on the title of the land, shall run with the land to the benefit of the Corporation. (5) The owner, the Minister of Housing or any other person who has an interest in the matter may appeal to the Ontario Municipal Board against the conditions imposed, or any of them, by council by virtue of subsection 1 by sending a notice of appeal to the secretary of the Ontario Municipal Board and to the clerk of the Corporation within fourteen days after the sending of the notice provided for in subsection 3. 4. This Act comes into force on the day it receives Royal Assent. Short title 5. The short title of this Act is The City of Kitchener Act, 1977. to W m H > H a Si. O o <-t- Ki o !»-. ?S cr C/5 Si. a> "'^ >3 5^ Si ■^ S) cr Si- 1' \o •^ •v4 o i-K <-{ 0) ^ X5 r+ rt) O o cr r-h 0) 5' 3 OQ O) -t ^-^ cr ro BILL Prl7 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Kitchener Mr. Breithaupt {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl7 1977 An Act respecting the City of Kitchener WHEREAS The Corporation of the City of Kitchener, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 3 of The Kitchener-Waterloo Y.M.C.A. ««^ c^i46 s 3 Kitchener Y.W.C.A. Act, 1924, being chapter 146, is repealed re-enacted and the following substituted therefor: 3. The buildings, lands, equipment and undertaking ^•^ex'^mpt of the Young Women's Christian Association of from Kitchener in the City of Kitchener, so long as the same are occupied by and used for the purposes of the Association, shall be and the same are hereby declared to have been exempt from taxation for the years 1924 to 1977 and to be exempt from taxation hereafter except "Tor garbage taxes and taxes for local improvements. 2.— (1) The Corporation may enter into agreements with ent'e^'^nt'^*^ the owners or lessees of land abutting on a highway for the agreements construction, maintenance and use of buildings or parts buifding ^ thereof, over, across or under the highway upon such terms beneat'h and conditions as may be agreed and for leasing or licensing ^^^^^ways the use of the air-space over the highway or the lands under the highway to such persons for such consideration and upon such terms and conditions as may be agreed. (2) Subsection 1 applies only to highways under the juris- Application diction and control of the Corporation. (3) An agreement made pursuant to section 1 which affects M?nister^o°/ a highway or a highway right of way which is a connecting ^jon^lnd^** link, within the meaning of section 19 of The Public Trans- ^o™s"^°^°*' portation and Highway Improvement Act shall have no effect rso 1970 c. 201 until approved by the Minister of Transportation and Com- munications for the Province. me^t"^"''^' ^ ^^^^ ^^^ comes into force on the day it receives Royal Assent. Short title 4^ xhe short title of this Act is The City of Kitchener Act 1977. 15: V w w H > c H O o r+- t^ O ►-«i s cr CO S4- a> r-». ^ 5iL -4 s> i-t- s^ 1— k 1' ^- > o i-i ro « I-t (T) o O :r 2" O) 3 3 orq fn BILL Prl7 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Kitchener Mr. Breithaupt TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl7 1977 An Act respecting the City of Kitchener WHEREAS The Corporation of the City of Kitchener, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Section 3 of The Kitchener -W ater loo Y.M.C.A. ««^ c^ile s 3 Kitchener Y.W.C.A. Act, 1924, being chapter 146, is repealed re-enacted and the following substituted therefor: 3. The buildings, lands, equipment and undertaking i^-^gx'lmpt of the Young Women's Christian Association of from Kitchener in the City of Kitchener, so long as the same are occupied by and used for the purposes of the Association, shall be and the same are hereby declared to have been exempt from taxation for the years 1924 to 1977 and to be exempt from taxation hereafter except for garbage taxes and taxes for local improvements. 2. — (1) The Corporation may enter into agreements with gn^e'rinto^^ the owners or lessees of land abutting on a highway for the agreements construction, maintenance and use of buildings or parts building thereof, over, across or under the highway upon such terms beneath^ and conditions as may be agreed and for leasing or licensing *^i&*^*^*ys the use of the air-space over the highway or the lands under the highway to such persons for such consideration and upon such terms and conditions as may be agreed. (2) Subsection 1 applies only to highways under the juris- Application diction and control of the Corporation. (3) An agreement made pursuant to section 1 which affects Mmfster^o°/ a highway or a highway right of way which is a connecting ^jon^fSd"^'* hnk, within the meaning of section 19 of The Public Trans- communica- • J TT ■ 1 tions portation and Highway Improvement Act shall have no effect rso 1970 c. 201 until approved by the Minister of Transportation and Com- munications for the Province. ment"^"^^ 3. This Act comes into force on the day it receives Royal Assent. Short title ^ xhe short title of this Act is The City of Kitchener Act, 1977. m H > H :z; 'Z o o o < < o CD 3 ct 3 O cr cr Si. cr S^ O) "^^ t^o 0) ^ 1-1 Ki c^ to 1^ ^ » 3 3 . r-t- p' p. 1' p- c^ O »—«• h- ' ^ o \o ^ •^ ^ ^ ^ n 3 <-+' > ^ o <-*■ o >-(-. i-i fD ^. C/2 ^3 f-f- a> o o :t (-+_ O) 5' 3 orq (D i-t r+ 3- a> BILL Prl8 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Toronto Mr. Rotenberg TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl8 1977 An Act respecting the City of Toronto WHEREAS The Corporation of the City of Toronto, herein called Preamble the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the apphcation; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Where, by law, the council of the Corporation is required H^^^^^e^^^y before doing any act, including the passing of a by-law, or authorized the making of any decision to hear interested parties or to afford them an opportunity to be heard, the council may authorize a committee of council, including the executive committee, to conduct the hearing in the place and stead of the council and the hearing when so conducted shall be in all respects as valid and effectual as if conducted by the council. 2. Notwithstanding any general or special Act, the council of '^i^^^^^^ the Corporation may, by by-law, assign to the executive com- ofhighways mittee or such standing committee of council as is named in the by-law the authority to allow the use of a highway under a permit to be issued by the Commissioner of Public Works of the Corporation or such other official as is named in the by-law for social, recreational, community or athletic purposes for one period not to exceed twenty-four hours in any calendar year upon such conditions, including a fee for the permit, as may be set out in the by-law and to permit for such period the physical closing of the highway or part of the highway to vehicular traffic provided local access for residents and emer- gency vehicles is maintained. [8. Section 4 of The City of Toronto Act, 1975 {No. 2), being i975.^ ^ ^ chapter 117, is amended by renumbering subsections 4, 5 and 6 amended' as 5, 6 and 7, respectively, and by adding thereto the following subsection : Signs, etc., indicating discrimina- tion prohibited (4) The council of the Corporation may by by-law prohibit any person from publishing or displaying or causing to be published or displayed or permitting to be published or dis- played any notice, sign, symbol, emblem or other representa- tion indicating discrimination or an intention to discriminate where the discrimination is prohibited by a by-law passed under subsection 3. 1936, c. 84, s. 6, amended 4. — (1) Section 6 of The City of Toronto Act, 1936, being chapter 84, as amended by the Statutes of Ontario, 1941, chapter 81, section 3, 1955, chapter 117, section 4, 1956, chapter 125, section 4, 1960, chapter 170, section 3, 1967, chapter 131, section 6, 1970, chapter 168, section 1, 1971, chapter 130, sections 3 and 4, 1973, chapter 213, section 10, 1974, chapter 161, sections 1 and 5, 1975, chapter 116, section 5 and 1976, chapter 105, section 4, is further amended by adding thereto the following subsection: Effect of Inconsistency R.S.0. 1970, C.349 (49) Notwithstanding The Planning Act, the inconsistency of any provision of this section with any provision of The Planning Act governing the same or similar subject-matter does not operate, and shall be deemed never to have operated, to repeal any provision of this section to the extent of such inconsistency, and a by-law passed within the authority of this section continues good and valid notwithstanding such inconsistency. 1971, c. 130, s. 11, amended (2) Section 11 of The City of Toronto Act, 1971, being chapter 130, as amended by the Statutes of Ontario, 1974, chapter 161, section 6 and 1975, chapter 116, section 6, is further amended by adding thereto the following subsection : Effect of Inconsistency R.S.0. 1970, c.349 (35) Notwithstanding The Planning Act, the inconsistency of any provision of this section with any provision of The Planning Act governing the same or similar subject-matter does not operate, and shall be deemed never to have operated, to repeal any provision of this section to the extent of such inconsistency, and a by-law passed within the authority of this section continues good and vahd notwithstanding such inconsistency. 1972, c. 199, 8. 2, amended (3) Section 2 of The City of Toronto Act, 1972, being chapter 199, is amended by adding thereto the following subsection : Effect of inconsistency R.S.0. 1970, c.349 (6) Notwithstanding The Planning Act, the inconsistency of any provision of this section with any provision of The Planning Act governing the same or similar subject-matter does not operate, and shall be deemed never to have operated, to repeal any provision of this section to the extent of such inconsistency, and a by-law passed within the authority of this section continues good and vahd notwithstanding such inconsistency. 5. — (1) Notwithstanding any general or special Act, i^teg?ate^*° steam , . , 1 , . systems (a) the Corporation is authorized and empowered to construct a system integrating the steam plants and steam distribution systems owned or operated by Her Majesty in right of Ontario, Toronto Hospitals Steam Corporation, the Toronto Electric Com- missioners, The Governing Council of the University of Toronto or by any other body, and in connection therewith to exercise all of the powers set forth in The Public Utilities Act ; and J-fgO- i^^o. {b) the Corporation is empowered to enter into agree- fg^pl^ting ments with respect to the financing and operation of agreements the system referred to in clause a and may sell, lease or otherwise dispose of any works, material or equipment used for or in connection with the produc- tion or distribution of steam and subsection 5 of section 37 of The Public Utilities Act shall not apply thereto, provided that the Corporation shall not sell, lease or otherwise dispose of any works, material or equipment heretofore entrusted to the control and management of the Toronto Electric Com- missioners without its prior consent. (2) Subsection 1 of section 293 of The Municipal Act shall ^^^^^^^.f not apply so as to require the assent of electors to any dispensed by-law authorizing an agreement entered into pursuant to r go. i970, this section. ^-^^^ 6. This Act comes into force on the day it receives Royal Assent. ^°nt"*°°^' 7. The short title of this Act is The City of Toronto Act, 1977. snort title to o H W w w o U) ^ ^ s a- ?1- >i ^ ^ CVl » S) Si. ?i- »?». >!*. ^ S 0X5 c^ o < 3 a- ft) --4 >3 Si- I' > 3 o > r¥ o "< r+ o >-| t-+> fD C/l H •r) o O o I-+ 3 5' <-K OQ O <-t tr a> BILL Prl8 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Toronto Mr. Rotenberg {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl8 1977 An Act respecting the City of Toronto WHEREAS The Corporation of the City of Toronto, herein called Preamble the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Where, by law, the council of the Corporation is required hearings by 1 r 1 • -IT • fii committee before domg any act, mcludmg the passmg of a by-law, or authorized the making of any decision to hear interested parties or to afford them an opportunity to be heard, the council may authorize a committee of council, including the executive committee, to conduct the hearing in the place and stead of the council and the hearing when so conducted shall be in all respects as valid and effectual as if conducted by the council. 2. Notwithstanding any general or special Act, the council of Temporary the Corporation may, by by-law, assign to the executive com- ofhighways mittee or such standing committee of council as is named in the by-law the authority to allow the use of a highway under a permit to be issued by the Commissioner of Public Works of the Corporation or such other official as is named in the by-law for social, recreational, community or athletic purposes for any period not to exceed twenty- four hours upon such conditions, including a fee for the permit, as may be set out in the by-law and to permit for such period the physical closing of the high- way or part of the highway to vehicular traffic provided local access for residents and emergency vehicles is maintained. 3. Section 4 of The City of Toronto Act, 1975 {No. 2), being 1975.,^ ^ ^ chapter 117, is amended by renumbering subsections 4, 5 and 6 amended' as 5, 6 and 7, respectively, and by adding thereto the following subsection : Signs, etc.. Indicating discrimina- tion prohibited (4) The council of the Corporation may by by-law prohibi any person from publishing or displaying or causing to b(j published or displayed or permitting to be published or dis| played any notice, sign, symbol, emblem or other representa tion indicating discrimination or an intention to discriminate where the discrimination is prohibited by a by-law passer under subsection 3. 1936. c. 84. s. 6, amended 4. — (1) Section 6 of The City of Toronto Act, 1936, being chapt( 84, as amended by the Statutes of Ontario, 1941, chapt( 81, section 3, 1955, chapter 117, section 4, 1956, chapt( 125, section 4, 1960, chapter 170, section 3, 1967, chapt* 131, section 6, 1970, chapter 168, section 1, 1971, chaptt 130, sections 3 and 4, 1973, chapter 213, section 10, 1974 chapter 161, sections 1 and 5, 1975, chapter 116, sectiori 5 and 1976, chapter 105, section 4, is further amended b^j adding thereto the following subsection: Effect of inconsistency R.S.0. 1970. c.349 (49) Notwithstanding The Planning Act, the inconsistency of any provision of this section with any provision of The Planning Act governing the same or similar subject-matter does not operate, and shall be deemed never to have operated to repeal any provision of this section to the extent of suc> inconsistency, and a by-law passed within the authority oi this section continues good and valid notwithstanding sucl inconsistency. 1971, c. 130, s. 11, amended Effect of Inconsistency R.S.0. 1970. c.349 (2) Section 11 of The City of Toronto Act, 1971, being chapter 130, as amended by the Statutes of Ontario 1974, chapter 161, section 6 and 1975, chapter 116 section 6, is further amended by adding thereto the following subsection : (35) Notwithstanding The Planning Act, the inconsistency of any provision of this section with any provision of Tht Planning Act governing the same or similar subject-matter does not operate, and shall be deemed never to have operated to repeal any provision of this section to the extent of such inconsistency, and a by-law passed within the authority of; this section continues good and valid notwithstanding suchj inconsistency. 1972, c. 199, 8. 2, amended (3) Section 2 of The City of Toronto Act, 1972, being chapter! 199, is amended by adding thereto the following subsection : Effect of inconsistency R.S.0. 1970, 0.349 (6) Notwithstanding The Planning Act, the inconsistency! of any provision of this section with any provision of The\ Planning Act governing the same or similar subject-matter! does not operate, and shall be deemed never to have operated,! to repeal any provision of this section to the extent of suchj inconsistency, and a by-law passed within the authority of this section continues good and vahd notwithstanding such inconsistency. 5. — (1) Notwithstanding any general or special Act, i^tegrat7'° steam ' ^ the Corporation is authorized and empowered to construct a system integrating the steam plants and steam distribution systems owned or operated by Her Majesty in right of Ontario, Toronto Hospitals Steam Corporation, the Toronto Electric Com- missioners, The Governing Council of the University of Toronto or by any other body, and in connection therewith to exercise all of the powers set forth in The Public Utilities A ct to such extent as is necessary ^fg^- ^^'^^- I to implement the memm'andum of intent set fort in the Schedule hereto; and {h) the Corporation is empowered to enter into agree- ^e°p|cting ments with respect to the financing and operation of agreements !! the system referred to in clause a and may sell, lease or otherwise dispose of any works, material or equipment used for or in connection with the produc- 1 tion or distribution of steam and subsection 5 of -.^ section 37 of The Public Utilities Act shall not apply thereto, provided that the Corporation shall not sell, lease or otherwise dispose of any works, material or equipment heretofore entrusted to the control ;? and management of the Toronto Electric Com- missioners without its prior consent. (2) Subsection 1 of section 293 of The Municipal Act shall As^s^ent of not apply so as to require the assent of electors to any dispensed by-law authorizing an agreement entered into pursuant to r g.o. 1970, j this section. ^'^'^ 6. This Act comes into force on the day it receives Royal Assent, ^'ent"^"'^^ 7. The short title of this Act is The City of Toronto Act, 1977. Short title SCHEDULE MEMORANDUM OF INTENT Entered into as of the 15th day of November, 1976. Among: Her Majesty The Queen in right of the Province of Ontario, as represented by the Ministry of Government Services (the "Ministry") ; — and — The Corporation of the City of Toronto (the "City") ; — and — Toronto Hospitals Steam Corporation ("HSC"); — and — Toronto Electric Commissioners ("Toronto Hydro"); — and — The Governing Council of the University of Toronto, a corporation continued by special Act of the Province of Ontario (the "University"). Preamble The parties to this Memorandum of Intent (the "Memorandum") have been involved over the past two years in a discussion of the recommendations pertaining to the integration of the steam plants and distribution systems owned and operated by the Ministry, HSC, Toronto Hydro and the Uni- versity (hereinafter collectively referred to as "the Participants") in the City of Toronto as set forth in the District Heating Study (the "Study") dated December, 1973. Throughout the course of their deliberations the Participants have considered the benefits that may be derived from inte- gration through the improvement of the environment, the orderly phasing out of the Pearl Street plant of Toronto Hydro, the construction of a new steam plant by or on the direction of the City which will in part be refuse- fired (the "New Plant"), and the ability of an integrated system to conserve and utilize available fuels more effectively than could be done by the Participants operating separately. In working towards integration the Participants have reviewed the alternatives set forth in the Study and it has been accepted in principle that once the New Plant is on line and refuse is available to fire it throughout the year it would be desirable to use the New Plant as the base plant for the integrated system, at which time a utility would be required to operate the integrated system and all of the steam plants supplying steam to it. The concept of a strong operating utility with qualified management has been expressed as a necessity in the Study and by at least two of the Participants; however, in the initial stages the University has expressed the preference of entering into trading arrangements with the utility. In reviewing the status of each of the Participants the uniqueness of HSC as a separate corporate steam utility with outstanding contractual arrangements under its Trust Deed dated the 15th of December, 1972 and with its institutional customers and the Ministry of Health became apparent along with the desire to retain such arrangements in place, if possible. Proposal 1. Based upon the foregoing, it is proposed that HSC be designated as the operating utility and that it proceed to acquire by purchase or lease the distribution systems of Toronto Hydro and the Ministry and that it enter into a trading agreement with the University until such time as the' University becomes a full participant. The trading agreement with the University will permit HSC to purchase steam which is excess to the requirements of the University from the University at the University's cost of manufacture plus a small profit element but without including in such costs any provision for debt servicing. 2. Until such time as the constating documents of HSC have been amended to reflect its status as the operating utility a management com- mittee will be established to be composed of nominees of the Participants and the City and such other government bodies or organizations as the Participants may from time to time determine. 3. The cost of integration will be paid for by the City. The construction of the integration of the existing systems will be under the direction of the Commissioner of Public Works who will consult with the management committee and obtain from it such approvals as may be required from time to time. Agreement in Principle The Participants do hereby express their agreement in principle to the integration of their respective steam systems in the manner referred to above and undertake to work towards the preparation of a definitive integration agreement and protocol. Conditions Without limiting the right of any Participant to require any additional terms or conditions to be included in the definitive integration agreement or the legislation that will serve to authorize, create and define the "Inte- grated System" and the rights and obligations of the Participants therein, it is agreed or acknowledged that : (1) the Ministry of the Environment has required Toronto Hydro to prepare and implement a program of compliance with respect to the Pearl Street plant and in order to meet the requirements of the City such program will involve the ultimate phasing out of the operations of the Pearl Street plant ; (2) the hospitals that are the customers of HSC must be assured of a continuance of supply of steam throughout the year and must also be assured of a source of supply that will meet any additional requirements they may have in the future as a result of the expansion or modification of any of their existing facilities ; (3) all enabling legislation and all required approvals and financial commitments of those Ministries of the Provincial Government, City Council, Metropohtan Council and the Ontario Municipal Board must be obtained ; it is further acknowledged by the Participants that the obligation to be assumed by the City under the definitive integration agreement must be authorized by an appropriate statute of the Legislature of the Province of Ontario and that the Ministry of Health must approve supplemental funding to cover any increase in the cost of steam supplied to user hospitals as a result of integration ; (4) the economic feasibility (i) of the Integrated System, (ii) the New Plant, and (iii) the unit cost of steam to be distributed through the Inte- grated System is to be established to the satisfaction of all Participants after due consideration of the existing and anticipated fuel supplies; (5) the City is to be able to provide to the Participants and to the Integrated System assurances or guarantees of financing, completion and performance which are reasonable in the circumstances ; (6) all ancillary approvals and consents to the use of HSC as the utility must be obtained and on terms and conditions acceptable to HSC and the parties to the Steam Supply Agreement made as of the 15th day of December, 1972 between HSC and the four hospitals named therein ; (7) suitable arrangements are to be made with respect to the repay- ment or assumption of the net outstanding debt of the District Steam Utility of Toronto Hydro at the time the distribution system of Toronto Hydro is acquired by HSC ; (8) arrangements satisfactory to the Participants are to be made for the utilization by HSC or the New Plant of the personnel employed by the Ministry and Toronto Hydro in their respective steam utility systems at the time the distribution system of each of the aforementioned Participants is acquired by purchase or lease by HSC. By signing this Memorandum ■ ■>? TORONTO HOSPITALS STEAM CORPORATIdj^^ ^TORGWTjO' ELECTRIC COMMISSIONERS . , Chairman /" Si. S 5^ 5| Sf o H W 'Z CO w w o C-0 Si- >3 o < 3 >«-» '■y^ ft- Co 1" > 3 O > (-»-' o ^ r+ o •-t i-K a> w H^ o O o (->- 3 5' (-K orq O BILL Prl8 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Toronto Mr. Rotenberg TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario p BILL Prl8 1977 An Act respecting the City of Toronto WHEREAS The Corporation of the City of Toronto, herein called Preamble the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the apphcation; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Where, by law, the council of the Corporation is required "®*^^ftee^ before doing any act, including the passing of a by-law, or authorized the making of any decision to hear interested parties or to afford them an opportunity to be heard, the council may authorize a committee of council, including the executive committee, to conduct the hearing in the place and stead of the council and the hearing when so conducted shall be in all respects as valid and effectual as if conducted by the council. 5. Notwithstanding any general or special Act, the council of '^^^^^^'^^ the Corporation may, by by-law, assign to the executive com- of highways mittee or such standing committee of council as is named in the by-law the authority to allow the use of a highway under a permit to be issued by the Commissioner of Public Works of the Corporation or such other official as is named in the by-law for social, recreational, community or athletic purposes for any period not to exceed twenty- four hours upon such conditions, including a fee for the permit, as may be set out in the by-law and to permit for such period the physical closing of the high- way or part of the highway to vehicular traffic provided local access for residents and emergency vehicles is maintained. 3. Section 4 of The City of Toronto Act, 1975 {No. 2), being 1975-^ ^ ^ chapter 117, is amended by renumbering subsections 4, 5 and 6 amended' as 5, 6 and 7, respectively, and by adding thereto the following subsection : signs, etc., indicating discrimina- tion prohibited (4) The council of the Corporation may by by-law prohibit any person from publishing or displaying or causing to be| published or displayed or permitting to be published or dis-! played any notice, sign, symbol, emblem or other representa- tion indicating discrimination or an intention to discriminate where the discrimination is prohibited by a by-law passed under subsection 3. 1936, c. 84, s. 6, amended 4. — (1) Section 6 of The City of Toronto Act, 1936, being chapter 84, as amended by the Statutes of Ontario, 1941, chapter 81, section 3, 1955, chapter 117, section 4, 1956, chapter 125, section 4, 1960, chapter 170, section 3, 1967, chapter 131, section 6, 1970, chapter 168, section 1, 1971, chapter 130, sections 3 and 4, 1973, chapter 213, section 10, 1974, chapter 161, sections 1 and 5, 1975, chapter 116, section 5 and 1976, chapter 105, section 4, is further amended by adding thereto the following subsection: Effect of inconsistency R.S.0. 1970, 0.349 (49) Notwithstanding The Planning Act, the inconsistency of any provision of this section with any provision of The Planning Act governing the same or similar subject-matter does not operate, and shall be deemed never to have operated, to repeal any provision of this section to the extent of such inconsistency, and a by-law passed within the authority of this section continues good and valid notwithstanding such inconsistency. 1971, c. 130, s. 11, amended (2) Section 11 of The City of Toronto Act, 1971, being chapter 130, as amended by the Statutes of Ontario, 1974, chapter 161, section 6 and 1975, chapter 116, section 6, is further amended by adding thereto the following subsection : Effect of inconsistency R.S.0. 1970, C.349 (35) Notwithstanding The Planning Act, the inconsistency of any provision of this section with any provision of The Planning Act governing the same or similar subject-matter does not operate, and shall be deemed never to have operated, to repeal any provision of this section to the extent of such inconsistency, and a by-law passed within the authority of this section continues good and valid notwithstanding such inconsistency. 1972, c. 199, s. 2, amended (3) Section 2 of The City of Toronto Act, 1972, being chapter 199, is amended by adding thereto the following subsection : Effect of inconsistency R.S.0. 1970, c.349 (6) Notwithstanding The Planning Act, the inconsistency of any provision of this section with any provision of The Planning Act governing the same or similar subject-matter does not operate, and shall be deemed never to have operated, to repeal any provision of this section to the extent of such inconsistency, and a by-law passed within the authority of this section continues good and vaHd notwithstanding such inconsistency. 5. — (1) Notwithstanding any general or special Act, mteg?at7^° steam (a) the Corporation is authorized and empowered to construct a system integrating the steam plants and steam distribution systems owned or operated by Her Majesty in right of Ontario, Toronto Hospitals Steam Corporation, the Toronto Electric Com- missioners, The Governing Council of the University of Toronto or by any other body, and in connection therewith to exercise all of the powers set forth in The Public Utilities Act to such extent as is necessary ^fgQ^- •^^''°- to implement the memorandum of intent set forth in the Schedule hereto ; and {b) the Corporation is empowered to enter into agree- re°p|cting ments with respect to the financing and operation of ^l^^g^g®"*^^ the system referred to in clause a and may sell, lease or otherwise dispose of any works, material or equipment used for or in connection with the produc- tion or distribution of steam and subsection 5 of section 37 of The Public Utilities Act shall not apply thereto, provided that the Corporation shall not sell, lease or otherwise dispose of any works, material or equipment heretofore entrusted to the control and management of the Toronto Electric Com- missioners without its prior consent. (2) Subsection 1 of section 293 of The Municipal Act shall ^^^^^^^^^ not apply so as to require the assent of electors to any (ii8]^n8ed by-law authorizing an agreement entered into pursuant to n.s.o. 1970. this section. ''•^ 6. This Act comes into force on the day it receives Royal Assent. ^°™r^°^^ 7. The short title of this Act is The City of Toronto Act, 1977. short title SCHEDULE MEMORANDUM OF INTENT Entered into as of the 15th day of November, 1976. Among: Her Majesty The Queen in right of the Province of Ontario, as represented by the Ministry of Government Services (the "Ministry") ; — and — The Corporation of the City of Toronto (the "City"); — and — Toronto Hospitals Steam Corporation ("HSC"); — and — Toronto Electric Commissioners ("Toronto Hydro".); — and — The Governing Council of the University of Toronto, a corporation continued by special Act of the Province of Ontario (the "University"). Preamble The parties to this Memorandum of Intent (the "Memorandum") have been involved over the past two years in a discussion of the recommendations pertaining to the integration of the steam plants and distribution systems owned and operated by the Ministry, HSC, Toronto Hydro and the Uni- versity (hereinafter collectively referred to as "the Participants") in the City of Toronto as set forth in the District Heating Study (the "Study") dated December, 1973. Throughout the course of their deliberations the Participants have considered the benefits that may be derived from inte- gration through the improvement of the environment, the orderly phasing out of the Pearl Street plant of Toronto Hydro, the construction of a new steam plant by or on the direction of the City which will in part be refuse- fired (the "New Plant"), and the ability of an integrated system to conserve and utilize available fuels more effectively than could be done by the Participants operating separately. In working towards integration the Participants have reviewed the alternatives set forth in the Study and it has been accepted in principle that once the New Plant is on line and refuse is available to lire it throughout the year it would be desirable to use the New Plant as the base plant for the integrated system, at which time a utility would be required to operate the integrated system and all of the steam plants supplying steam to it. The concept of a strong operating utility with qualified management has been expressed as a necessity in the Study and by at least two of the Participants; however, in the initial stages the University has expressed the preference of entering into trading arrangements with the utility. In reviewing the status of each of the Participants the uniqueness of HSC as a separate corporate steam utility with outstanding contractual arrangements under its Trust Deed dated the 15th of December, 1972 and with its institutional customers and the Ministry of Health became apparent along with the desire to retain such arrangements in place, if possible. Proposal 1. Based upon the foregoing, it is proposed that HSC be designated as the operating utility and that it proceed to acquire by purchase or lease the distribution systems of Toronto Hydro and the Ministry and that it enter into a trading agreement with the University until such time as the University becomes a full participant. The trading agreement with the University will permit HSC to purchase steam wTiich is excess to the requirements of the University from the University at the University's cost of manufacture plus a small profit element but without including in such costs any provision for debt servicing. 2. Until such time as the constating documents of HSC have been amended to reflect its status as the operating utility a management com- mittee will be established to be composed of nominees of the Participants and the City and such other government bodies or organizations as the Participants may from time to time determine. 3. The cost of integration will be paid for by the City. The construction of the integration of the existing systems will be under the direction of the Commissioner of Public Works who will consult with the management committee and obtain from it such approvals as may be required from time to time. Agreement in Principle The Participants do hereby express their agreement in principle to the integration of their respective steam systems in the manner referred to above and undertake to work towards the preparation of a definitive integration agreement and protocol. Conditions Without limiting the right of any Participant to require any additional terms or conditions to be included in the definitive integration agreement or the legislation that will serve to authorize, create and define the "Inte- grated System" and the rights and obligations of the Participants therein, it is agreed or acknowledged that : (1) the Ministry of the Environment has required Toronto Hydro to prepare and implement a program of compliance with respect to the Pearl Street plant and in order to meet the requirements of the City such program will involve the ultimate phasing out of the operations of the Pearl Street plant ; (2) the hospitals that are the customers of HSC must be assured of a continuance of supply of steam throughout the year and must also be assured of a source of supply that will meet any additional requirements they may have in the future as a result of the expansion or modification of any of their existing facilities ; (3) all enabling legislation and all required approvals and financial commitments of those Ministries of the Provincial Government, City Council, Metropolitan Council and the Ontario Municipal Board must be obtained; it is further acknowledged by the Participants that the obligation to be assumed by the City under the definitive integration agreement must be authorized by an appropriate statute of the Legislature of the Province of Ontario and that the Ministry of Health must approve supplemental funding to cover any increase in the cost of steam supplied to user hospitals as a result of integration ; (4) the economic feasibility (i) of the Integrated System, (ii) the New Plant, and (iii) the unit cost of steam to be distributed through the Inte- grated System is to be estabhshed to the satisfaction of all Participants after due consideration of the existing and anticipated fuel supplies; (5) the City is to be able to provide to the Participants and to the Integrated System assurances or guarantees of financing, completion and performance which are reasonable in the circumstances ; (6) all ancillary approvals and consents to the use of HSC as the utility must be obtained and on terms and conditions acceptable to HSC and the parties to the Steam Supply Agreement made as of the 15th day of December, 1972 between HSC and the four hospitals named therein ; (7) suitable arrangements are to be made with respect to the repay- ment or assumption of the net outstanding debt of the District Steam Utility of Toronto Hydro at the time the distribution system of Toronto Hydro is acquired by HSC ; (8) arrangements satisfactory to the Participants are to be made for the utilization by HSC or the New Plant of the personnel employed by the Ministry and Toronto Hydro in their respective steam utility systems at the time the distribution system of each of the aforementioned Participants is acquired by purchase or lease by HSC. By signing this Memorandum each of the parties hereto does hereby undertake to use its best efforts consistent with its own interests to perform or obtain compliance with the conditions herein set forth and any other conditions that may arise to the extent that it is within the reasonable capability of such party and will not prejudice any such party by so doing. In order to facilitate the immediate formation of a management com- mittee each of the parties will provide the chairman of the Integration Committee with the name of its representative on the management committee forthwith after the execution of this Memorandum, and each Participant shall be entitled to representation on the management committee. The management committee shall have power to enlarge its membership by the addition thereto of representatives from other organizations and ministries of the Province and by permitting any entity represented on the manage- ment committee to have more than one individual representing it. I HER MAJESTY THE QUEEN in right of the Province of Ontario, as represented b>| the Ministry of Governmefnt S^vyic&s _icputy Cicy" ()'HA5-'*^f — ^ Authorized by Report No. 7 (Hem If ) ''I I < 1-^ ol the Commitiee on Public Works -" '' adopted in Courxil on the /4'^ ^ y ^Jfi>yCle.i^ (\ TORONTO HOSPITALS STEAM CORPORATIOhh^ '■" € ,^TORONT)0' ELECTRIC COMMISSIONERS ; COMMI£ '/a dhairmeui • /T Secretary o H W w w o o o 'Z n> n> o o o < (T) U) n J^ a> >»«i 3 -I 3 •-1 3 cr >>o S) vO s> ^o A S- r*- a- l-»- Si- r+ p' ts*. p' ^' ^O o O -^ --J -^ ^ ^ ■>-J > 3 n > <-♦-' o *<: (-t o 3 t-S (T> (/) H*^ o o O i-t- 3 5' O orq r+ 3* (T> BILL Prl9 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Circle R Boys Ranch Mr. Taylor Simcoe Centre TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl9 1977 An Act respecting Circle R Boys Ranch WHEREAS Richard Frederick Thompson, hereby repre- Preamble sents that Circle R Boys Ranch, a corporation without share capital, was incorporated by letters patent dated the 1st day of May, 1968; that the Minister of Consumer and Commercial Relations by order dated the 4th day of September, 1974 and made under the authority of sub- section 9 of section 347 of The Corporations Act, cancelled ^^g^- ^^''°' the letters patent of the corporation and declared it to be dissolved on the 9th day of October, 1974; that the notice of default in filing annual returns required by section 347 of The Corporations Act was sent to each director of record; that through inadvertence such annual returns were not filed nor fees paid; that the corporation which was incor- porated for charitable purposes was at the time of its dis- solution and is now carrying out its objects as contained in its letters patent; and whereas the apphcant hereby applies for special legislation reviving the corporation; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Circle R Boys Ranch, incorporated by letters patent circieR^^^ dated the 1st day of May, 1968 is hereby revived and is, revived subject to any rights acquired by any person after its dissolution, hereby restored to its legal position as a cor- poration incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, disabihties and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. 2. This Act comes into force on the day it receives Royal m^e™™^"*^^ Assent. 3. The short title of this Act is The Circle R Boys Ranch short title Act, 1977. t» o • O - O o l-t Oj ^ o l«^ ^ s cr Oc ?i- ?i. rD Si >3 CM Si- Si. 1' 1' I— k 1' n 1' > 3 fT 5« > o r+ td >-! o OJ Oi J« o o orq tr BILL Prl9 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Circle R Boys Ranch Mr. Taylor Simcoe Centre TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Prl9 1977 An Act respecting Circle R Boys Ranch WHEREAS Richard Frederick Thompson, hereby repre- Preamble sents that Circle R Boys Ranch, a corporation without share capital, was incorporated by letters patent dated the 1st day of May, 1968; that the Minister of Consumer and Commercial Relations by order dated the 4th day of September, 1974 and made under the authority of sub- section 9 of section 347 of The Corporations Act, cancelled ^•^•^- ^^'^• the letters patent of the corporation and declared it to be dissolved on the 9th day of October, 1974; that the notice of default in filing annual returns required by section 347 of The Corporations Act was sent to each director of record; that through inadvertence such annual returns were not filed nor fees paid; that the corporation which was incor- porated for charitable purposes was at the time of its dis- solution and is now carrying out its objects as contained in its letters patent; and whereas the applicant hereby applies for special legislation reviving the corporation; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Circle R Boys Ranch, incorporated by letters Patent gircie^R^^^ dated the 1st day of May, 1968 is hereby revived and is, revived subject to any rights acquired by any person after its dissolution, hereby restored to its legal position as a cor- poration incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabihties, contracts, disabilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. 2. This Act comes into force on the day it receives Royal ^^^^^^^' Assent. 3. The short title of this Act is The Circle R Boys i^awc/? short title Act, J 977. ii'i! o • o , 3 ? ^ 2 ■-I w :z: :z: o o o < < o 3 a> 3 ^ O cr CT* SJ- cr 54- fD O) ^ ^ fD ^ h-^ S) »— ' ft ^ » s- l^* s laf §■ J " OTQ " c^ h— I' OTQ 1— ' •-* o \o vO ^ ^ ■^ -4 •^ ^ n 3 > 3 (T ^ > n r-l- W ■-1 o fD (/J fD ?« O 3 5' nm BILL Pr20 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of Georgina Mr. Hodgson TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr20 1977 An Act respecting the Township of Georgina WHEREAS by resolution, the municipal council of the Preamble municipality of the Township of Georgina resolved to examine and redraft the boundaries of the electoral wards in the said Township ; and whereas by resolution of the said council held on the 7th day of July, 1975, the said council by by-law No. 676 resolved to redraw the electoral boundaries of the said Township; and whereas the said by-law and the electoral boundaries thereby created required the approval of the Ontario Municipal Board; and whereas the approval of the Ontario Municipal Board was not sought or received with respect to the said by-law for the said electoral bound- aries; and whereas an election was held in the said Township on the 6th day of December, 1976 on the assumption that the new boundaries were in order; and whereas it is desirable that the ward boundaries of the said Township be regularized ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The Ontario Municipal Board is hereby deemed to have b^^^njiaries divided the Township of Georgina into the wards set forth confirmed in the Schedule hereto, effective the 7th day of July, 1975, pursuant to subsection 2 of section 13 of The Municipal Act. ^fs?'^^^"" 2. This Act comes into force on the day it receives Royal ^"e™™^^''^ Assent. 3. The short title of this Act is The Township of Georgina ^^^"^^ t^i*^® Act, 1977. SCHEDULE The area municipality of the Township of Georgina is re-divided into seven wards defined as follows : WARD 1 Beginning at the northeast angle of the intersection of the allowance for road between lots 5 and 6, Concession 6 and the 7th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970: Thence southerly along the 7th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the southerly boundary of the Township ; Thence westerly along the southerly boundary of the Township to the westerly boundary of the Township ; Thence north and east along the shore of Cooks Bay to Glenwoods Drive ; Thence easterly along Glenwoods Drive to Woodbine Avenue ; Thence northerly along Woodbine Avenue to the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence easterly along the allowance for road between lots 5 and 6, Concession 4, to the 5th Concession Road of the Township of North Gwillim- bury as it existed on the 31st day of December, 1970; Thence southerly along the 5th Concession Road to the allowance for road between lots 5 and 6, Concession 5 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence easterly along the allowance for road between lots 5 and 6, Concessions 5 and 6 to the point of beginning. WARD 2 Beginning at the northeast angle of the intersection of Baseline Road and the 7th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence southerly along the 7th Concession Road to the allowance for road between lots 5 and 6, Concession 6 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence westerly along the allowance for road between lots 5 and 6, Concessions 5 and 6 to the 5th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence northerly along the 5th Concession Road to the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence westerly along the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to Woodbine Avenue ; Thence southerly along Woodbine Avenue to Glenwoods Drive ; Thence westerly along Glenwoods Drive to the westerly boundary of the Township being the east shore of Cooks Bay ; Thence northerly along the east shore of Cooks Bay to Morton Avenue ; Thence easterly along Morton Avenue to Woodbine Avenue ; Thence northerly along Woodbine Avenue to the Baseline Road ; Thence easterly along the Baseline Road to the point of beginning. WARD 3 Beginning at the northeast angle at the intersection of Boyer's Road and Woodbine Avenue : Thence southerly along Woodbine Avenue to Morton Avenue ; Thence westerly along Morton Avenue to the shore of Cooks Bay ; Thence northerly along the shore of Cooks Bay to Boyer's Road; Thence easterly along Boyer's Road to the place of beginning. WARD 4 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the line between lots 18 and 19, Concession 9: . Thence southerly along the said line to the Baseline Road ; Thence westerly along the Baseline Road to Woodbine Avenue ; Thence southerly along Woodbine Avenue to Boyer's Road ; Thence westerly along Boyer's Road to the shore of Lake Simcoe; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. This Ward also includes all of Snake Island. WARD 5 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the line between lots 4 and 5, Concession 8: Thence southerly along the said line between lots 4 and 5, Concessions 7 and 8, to Highway No. 48 ; Thence westerly along Highway No. 48 to the boundary line between lots 2 and 3, Concession 7 ; Thence southerly 300 feet more or less to a point ; Thence westerly along the projection of the line between lots 20 and 21, Concessions 7 and 8 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the westerly boundary of the Township of Georgina ; Thence continuing westerly along the line between lots 20 and 21, Concessions 7 and 8, of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to Catering Road; Thence northerly along the projection of the line between lots 18 and 19, Concession 9 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the Baseline Road ; Thence continuing northerly along the line between lots 18 and 19, Concession 9 to the shore of Lake Simcoe ; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. WARD 6 Beginning at the northeast angle at the intersection of the allowance for road between Concessions 7 and 8, Township of Georgina and the shore of Lake Simcoe ; Thence easterly along the said allowance for road to the line between lots 15 and 16, Concession 7, Township of Georgina; Thence southerly along the line between lots 15 and 16, Concessions 7, 6 and 5 to the allowance for road between Concessions 4 and 5, Township of Georgina ; Thence westerly along the said allowance for road to the line between lots 12 and 13, Concession 4 ; Thence southerly along the Hne between lots 12 and 13, Concessions 4, 3, 2 and 1 to the southerly boundary of the Township of Georgina ; Thence westerly along the southerly boundary of the Township of Georgina to the boundary line between Concessions 6 and 7 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence northerly along the line between Concessions 6 and 7 to Baseline Road; Thence easterly along Baseline Road to the line between lots 18 and 19, Concession 9 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence southerly along the projection of the line between lots 18 and 19, Concession 8 to Catering Road at a point between lots 20 and 21, Concession 7 ; Thence easterly along the projection of the line between lots 20 and 21, Concessions 7 and 8 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the easterly boundary of the Township of Georgina ; Thence continuing along the projection of the line between lots 20 and 21 , Concessions 7 and 8 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to Highway No. 48 ; Thence northerly 300 feet more or less to a point ; Thence easterly along Highway No. 48 to the boundary line between lots 4 and 5, Concession 7, Township of Georgina ; Thence northerly along the said line between lots 4 and 5, Concessions 7 and 8 to the shore of Lake Simcoe ; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. This Ward also includes all of Georgina Island. WARD 7 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the easterly boundary of the Township of Georgina ; Thence southerly along the easterly boundary of the Township of Georgina to the southerly boundary of the Township ; Thence westerly along the southerly boundary of the Township of Georgina to the line between lots 12 and 13, Concession 1 ; Thence northerly along the line between lots 12 and 13, Concessions 1, 2, 3 and 4 to the allowance for road between Concessions 4 and 5 ; Thence easterly along the allowance for road between Concessions 4 and 5 to the line between lots 15 and 16, Concession 5; Thence northerly along the line between lots 15 and 16, Concessions 5, 6 and 7 to the allowance for road between Concessions 7 and 8 ; Thence westerly along the allowance for road between Concessions 7 and 8 to the shore of Lake Simcoe ; Thence north and easterly along the shore of Lake Simcoe to the place of beginning. ^ >* v«. ffi «> o 0 to o »». C/) ^ o K^ s cr C/) Si- n >3 1-! ^ Ci NJ "^ A •^ S) a. t-h Si- tT *>>. s' S fft, O ■^ ^ OTQ 13- a> H > 3 o ^ 3 > (/) o ^_ r-f- 'B' •-1 o fD H^ C/> o O) o o r-h •-1 5' »— *. OP o p BILL Pr20 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of Georgina Mr. Hodgson {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr20 1977 An Act respecting the Township of Georgina WHEREAS by resolution, the municipal council of the Preamble municipality of the Township of Georgina resolved to examine and redraft the boundaries of the electoral wards in the said Township ; and whereas by resolution of the said council held on the 7th day of July, 1975, the said council by by-law No. 676 resolved to redraw the electoral boundaries of the said Township; and whereas the said by-law and the electoral boundaries thereby created required the approval of the Ontario Municipal Board; and whereas the approval of the Ontario Municipal Board was not sought or received with respect to the said by-law for the said electoral bound- aries; and whereas an election was held in the said Township on the 6th day of December, 1976 on the assumption that the new boundaries were in order ; and whereas it is desirable that the ward boundaries of the said Township be regularized ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) In the event that a court of competent jurisdiction Townsw^of declares that an invalid election was held in the Township of Georgina Georgina or in any ward thereof and orders that a new in event of election be held in the said Township or in any ward thereof, eifctkms then for purposes of the new election, the Ontario Municipal Board is hereby deemed to have divided the said Township into the wards set forth in the Schedule hereto, pursuant to subsection 2 of section 13 of The Municipal Act. ^fs?'^^^"' (2) The wards referred to in subsection 1 shall apply to ^iHt/gns elections, as defined in The Municipal Elections Act, 1972, 1972,0.95 held in the said Township commencing with the next regular election to be held in 1978. ^IH 2. This Act comes into force on the day it receives Royal ^oni^ence- Assent. 3. The short title of this Act is The Township of Georgina short title Act, 1977. SCHEDULE The area municipality of the Township of Georgina is re-divided into seven wards defined as follows : WARD J Beginning at the northeast angle of the intersection of the allowance for road between lots 5 and 6, Concession 6 and the 7th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970: Thence southerly along the 7th Concession Road of the Township of North Gwilhmbury as it existed on the 31st day of December, 1970 to the southerly boundary of the Township ; Thence westerly along the southerly boundary of the Township to the westerly boundary of the Township ; Thence north and east along the shore of Cooks Bay to Glenwoods Drive ; Thence easterly along Glenwoods Drive to Woodbine Avenue ; Thence northerly along Woodbine Avenue to the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence easterly along the allowance for road between lots 5 and 6, Concession 4, to the 5th Concession Road of the Township of North Gwillim- bury as it existed on the 31st day of December, 1970 ; Thence southerly along the 5th Concession Road to the allowance for road between lots 5 and 6, Concession 5 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence easterly along the allowance for road between lots 5 and 6, Concessions 5 and 6 to the point of beginning. WARD 2 Beginning at the northeast angle of the intersection of Baseline Road and the 7th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence southerly along the 7th Concession Road to the allowance for road between lots 5 and 6, Concession 6 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence westerly along the allowance for road between lots 5 and 6, Concessions 5 and 6 to the 5th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence northerly along the 5th Concession Road to the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence westerly along the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to Woodbine Avenue; Thence southerly along Woodbine Avenue to Glenwoods Drive ; Thence westerly along Glenwoods Drive to the westerly boundary of the Township being the east shore of Cooks Bay ; Thence northerly along the east shore of Cooks Bay to Morton Avenue ; Thence easterly along Morton Avenue to Woodbine Avenue ; Thence northerly along Woodbine Avenue to the Baseline Road ; Thence easterly along the Baseline Road to the point of beginning. WARD 3 Beginning at the northeast angle at the intersection of Boyer's Road and Woodbine Avenue : Thence southerly along Woodbine Avenue to Morton Avenue; Thence westerly along Morton Avenue to the shore of Cooks Bay; Thence northerly along the shore of Cooks Bay to Boyer's Road; Thence easterly along Boyer's Road to the place of beginning. WARD 4 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the line between lots 18 and 19, Concession 9: Thence southerly along the said line to the Baseline Road ; Thence westerly along the Baseline Road to Woodbine Avenue; Thence southerly along Woodbine Avenue to Boyer's Road ; Thence westerly along Boyer's Road to the shore of Lake Simcoe ; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. This Ward also includes all of Snake Island. WARD 5 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the line between lots 4 and 5, Concession 8 : Thence southerly along the said line between lots 4 and 5, Concessions 7 and 8, to Highway No. 48 ; Thence westerly along Highway No. 48 to the boundary line between lots 2 and 3, Concession 7 ; Thence southerly 300 feet more or less to a point ; Thence westerly along the projection of the line between lots 20 and 21, Concessions 7 and 8 of the Township of North GwilHmbury as it existed on the 31st day of December, 1970 to the westerly boundary of the Township of Georgina ; Thence continuing westerly along the line between lots 20 and 21, Concessions 7 and 8, of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to Catering Road; Thence northerly along the projection of the line between lots 18 and 19, Concession 9 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the Baseline Road; Thence continuing northerly along the line between lots 18 and 19, Concession 9 to the shore of Lake Simcoe ; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. WARD 6 Beginning at the northeast angle at the intersection of the allowance for road between Concessions 7 and 8, Township of Georgina and the shore of Lake Simcoe ; Thence easterly along the said allowance for road to the line between lots 15 and 16, Concession 7, Township of Georgina; Thence southerly along the line between lots 15 and 16, Concessions 7, 6 and 5 to the allowance for road between Concessions 4 and 5, Township of Georgina ; Thence westerly along the said allowance for road to the line between lots 12 and 13, Concession 4; Thence southerly along the line between lots 12 and 13, Concessions 4, 3, 2 and 1 to the southerly boundary of the Township of Georgina ; Thence westerly along the southerly boundary of the Township of Georgina to the boundary line between Concessions 6 and 7 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence northerly along the line between Concessions 6 and 7 to Baseline Road; Thence easterly along Baseline Road to the line between lots 18 and 19, Concession 9 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970; Thence southerly along the projection of the line between lots 18 and 19, Concession 8 to Catering Road at a point between lots 20 and 21, Concession 7 ; Thence easterly along the projection of the line between lots 20 and 21, Concessions 7 and 8 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the easterly boundary of the Township of Georgina ; Thence continuing along the projection of the line between lots 20 and 21, Concessions 7 and 8 of the Township of North Gwillimbury £is it existed on the 31st day of December, 1970 to Highway No. 48 ; Thence northerly 300 feet more or less to a point ; Thence easterly along Highway No. 48 to the boundary line between lots 4 and 5, Concession 7, Township of Georgina; Thence northerly along the said line between lots 4 and 5, Concessions 7 and 8 to the shore of Lake Simcoe ; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. This Ward also includes all of Georgina Island. WARD 7 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the easterly boundary of the Township of Georgina ; Thence southerly along the easterly boundary of the Township of Georgina to the southerly boundary of the Township ; Thence westerly along the southerly boundary of the Township of Georgina to the line between lots 12 and 13, Concession 1 ; Thence northerly along the line between lots 12 and 13, Concessions 1, 2, 3 and 4 to the allowance for road between Concessions 4 and 5 ; Thence easterly along the allowance for road between Concessions 4 and 5 to the line between lots 15 and 16, Concession 5; Thence northerly along the line between lots 15 and 16, Concessions 5, 6 and 7 to the allowance for road between Concessions 7 and 8 ; Thence westerly along the allowance for road between Concessions 7 and 8 to the shore of Lake Simcoe ; Thence north and easterly along the shore of Lake Simcoe to the place of beginning. Si. ^1 X o o o o o o (-t- Oo ^ o >>«» >* s cr £/) ?i- 5^ n i >i •^ to ^ ra N3 «> » S) -J s> 5^ Si- <-»- SJ- . s s 8 Oq c^ Co OTQ :t H > 3 o 3 > CD o S' r+ ^' M O n *— K w o rt) O o ^-^ 5' crq 5' p BILL Pr20 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of Georgina Mr. Hodgson TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr20 1977 An Act respecting the Township of Georgina WHEREAS by resolution, the municipal council of the Preamble municipality of the Township of Georgina resolved to examine and redraft the boundaries of the electoral wards in the said Township ; and whereas by resolution of the said council held on the 7th day of July, 1975, the said council by by-law No. 676 resolved to redraw the electoral boundaries of the said Township; and whereas the said by-law and the electoral boundaries thereby created required the approval of the Ontario Municipal Board; and whereas the approval of the Ontario Municipal Board was not sought or received with respect to the said by-law for the said electoral bound- aries ; and whereas an election was held in the said Tovvnship on the 6th day of December, 1976 on the assumption that the new boundaries were in order; and whereas it is desirable that the ward boundaries of the said Township be regularized ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) In the event that a court of competent jurisdiction ^ivisionof declares -that an invalid election was held in the Township of Georgina Georgina or in any ward thereof and orders that a new in event of election be held in the said Township or in any ward thereof, eifctkms then for purposes of the new election, the Ontario Municipal Board is hereby deemed to have divided the said Township into the wards set forth in the Schedule hereto, pursuant to subsection 2 of section 13 of The Municipal Act. ^fft^"^^^"' (2) The wards referred to in subsection 1 shall applv to Regular ^ '. . t'tr J elections elections, as defined in The Municipal Elections Act, / 972, 1972, c. 95 held in the said Township commencing with the next regular election to be held in 1978. 2. This Act comes into force on the day it receives Roval commence- . J J ment Assent. 3. The short title of this Act is The Township of Georgina short title Act, 1977. SCHEDULE The area municipality of the Township of Georgina is re-divided into seven wards defined as follows : WARD 1 Beginning at the northeast angle of the intersection of the allowance for road between lots 5 and 6, Concession 6 and the 7th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970: Thence southerly along the 7th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the southerly boundary of the Township ; Thence westerly along the southerly boundary of the Township to the westerly boundary of the Township ; Thence north and east along the shore of Cooks Bay to Glenwoods Drive ; Thence easterly along Glenwoods Drive to Woodbine Avenue ; Thence northerly along Woodbine Avenue to the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence easterly along the allowance for road between lots 5 and 6, Concession 4, to the 5th Concession Road of the Township of North Gwillim- bury as it existed on the 31st day of December, 1970; Thence southerly along the 5th Concession Road to the allowance for road between lots 5 and 6, Concession 5 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence easterly along the allowance for road between lots 5 and 6, Concessions 5 and 6 to the point of beginning. WARD 2 Beginning at the northeast angle of the intersection of Baseline Road and the 7th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence southerly along the 7th Concession Road to the allowance for road between lots 5 and 6, Concession 6 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence westerly along the allowance for road between lots 5 and 6, Concessions 5 and 6 to the 5th Concession Road of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence northerly along the 5th Concession Road to the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence westerly along the allowance for road between lots 5 and 6, Concession 4 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to Woodbine Avenue ; Thence southerly along Woodbine Avenue to Glenwoods Drive ; Thence westerly along Glenwoods Drive to the westerly boundary of the Township being the east shore of Cooks Bay ; Thence northerly along the east shore of Cooks Bay to Morton Avenue ; Thence easterly along Morton Avenue to Woodbine Avenue ; Thence northerly along Woodbine Avenue to the Baseline Road ; Thence easterly along the Baseline Road to the point of beginning. WARD 3 Beginning at the northeast angle at the intersection of Boyer's Road and Woodbine Avenue : Thence southerly along Woodbine Avenue to Morton Avenue; Thence westerly along Morton Avenue to the shore of Cooks Bay; Thence northerly along the shore of Cooks Bay to Boyer's Road; Thence easterly along Boyer's Road to the place of beginning. WARD 4 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the line between lots 18 and 19, Concession 9: Thence southerly along the said line to the Baseline Road ; Thence westerly along the Baseline Road to Woodbine Avenue ; Thence southerly along Woodbine Avenue to Boyer's Road ; Thence westerly along Boyer's Road to the shore of Lake Simcoe; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. This Ward also includes all of Snake Island. WARD 5 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the line between lots 4 and 5, Concession 8 : Thence southerly along the said line between lots 4 and 5, Concessions 7 and 8, to Highway No. 48 ; Thence westerly along Highway No. 48 to the boundary line between lots 2 and 3, Concession 7 ; Thence southerly 300 feet more or less to a point ; Thence westerly along the projection of the line between lots 20 and 21, Concessions 7 and 8 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the westerly boundary of the Township of Georgina ; Thence continuing westerly along the line between lots 20 and 21, Concessions 7 and 8, of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to Catering Road; Thence northerly along the projection of the line between lots 18 and 19, Concession 9 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the Baseline Road ; Thence continuing northerly along the line between lots 18 and 19, Concession 9 to the shore of Lake Simcoe ; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. WARD 6 Beginning at the northeast angle at the intersection of the allowance for road between Concessions 7 and 8, Township of Georgina and the shore of Lake Simcoe ; Thence easterly along the said allowance for road to the line between lots 15 and 16, Concession 7, Township of Georgina; Thence southerly along the line between lots 15 and 16, Concessions 7, 6 and 5 to the allowance for road between Concessions 4 and 5, Township of Georgina ; Thence westerly along the said allowance for road to the line between lots 12 and 13, Concession 4; Thence southerly along the line between lots 12 and 13, Concessions 4, 3, 2 and 1 to the southerly boundary of the Township of Georgina; Thence westerly along the southerly boundary of the Township of Georgina to the boundary line between Concessions 6 and 7 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence northerly along the line between Concessions 6 and 7 to Baseline Road; Thence easterly along Basehne Road to the line between lots 18 and 19, Concession 9 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 ; Thence southerly along the projection of the line between lots 18 and 19, Concession 8 to Catering Road at a point between lots 20 and 2 1 , Concession 7 ; Thence easterly along the projection of the line between lots 20 and 21, Concessions 7 and 8 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to the easterly boundary of the Township of Georgina ; Thence continuing along the projection of the line between lots 20 and 21, Concessions 7 and 8 of the Township of North Gwillimbury as it existed on the 31st day of December, 1970 to Highway No. 48 ; Thence northerly 300 feet more or less to a point ; Thence easterly along Highway No. 48 to the boundary line between lots 4 and 5, Concession 7, Township of Georgina ; Thence northerly along the said line between lots 4 and 5, Concessions 7 and 8 to the shore of Lake Simcoe ; Thence northerly and easterly along the shore of Lake Simcoe to the place of beginning. This Ward also includes all of Georgina Island. WARD 7 Beginning at the northeast angle at the intersection of the shore of Lake Simcoe and the easterly boundary of the Township of Georgina ; Thence southerly along the easterly boundary of the Township of Georgina to the southerly boundary of the Township ; Thence westerly along the southerly boundary of the Township of Georgina to the line between lots 12 and 13, Concession 1 ; Thence northerly along the line between lots 12 and 13, Concessions 1, 2, 3 and 4 to the allowance for road between Concessions 4 and 5 ; Thence easterly along the allowance for road between Concessions 4 and 5 to the line between lots 15 and 16, Concession 5 ; Thence northerly along the line between lots 15 and 16, Concessions 5, 6 and 7 to the allowance for road between Concessions 7 and 8 ; Thence westerly along the allowance for road between Concessions 7 and 8 to the shore of Lake Simcoe ; Thence north and easterly along the shore of Lake Simcoe to the place of beginning. o o o O 2: 0 CD 0 0 0 n n 3 a> B cr 5^ cr 3 N3 0 Si 0 & -^ ^ (-^ ?^ r-t- ?4- rt- ^ p" 1' iir 5rt tr 1— ' 1— ' (^ >—>• ^ VO 0 ^o ^ ->j •^ ^ ^ -J ^ > C/) o O (Ti orq 3 BILL Pr21 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Fuller-Austin of Canada Limited Mr. McCaffrey TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr21 1977 An Act respecting Fuller-Austin of Canada Limited WHEREAS Fuller-Austin Insulation Company, herein- Preamble after called the Applicant, hereby represents that Fuller-Austin of Canada Limited, hereinafter called the Cor- poration, was incorporated by letters patent dated the 4th day of June, 1958; that the Minister of Consumer and Com- mercial Relations by order dated the 3rd day of January, 1973 and made under the authority of subsection 3 of section 251 of The Business Corporations Act, being chapter 53 of the Revised Statutes of Ontario, 1970, cancelled the certificate of incorporation of the Corporation for default in filing annual returns and declared the Corporation to be dissolved on the 7th day of February, 1973; that the Applicant is the successor to the company which was the beneficial owner of all the outstanding shares of the Corporation at the time of the dissolution of the Corporation; that the Corporation's default in filing annual returns occurred through inadvertence; and that the Corporation at the time of its dissolution was, and now is, actively carrying on the business authorized by its letters patent; and whereas the Apphcant has made applica- tion for special legislation reviving the Corporation; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Fuller-Austin of Canada Limited, incorporated by letters '^^^^' ^ patent dated the 4th day of Tune, 1958, is hereby revived Canada J • u x ^ • I.. • J L n^ Limited and IS, subject to any rights acquired by any person after revived its dissolution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, disabiHties and debts, as at the date of its dissolution, in the same manner and to the same extent as if it had not been dissolved. Commence- 2. This Act comcs into force on the day it receives Royal Assent. Short title 3. The short title of this Act is The Fuller-Austin of Canada Limited Act, 1977. to o o > w O o 5^ t\J O k,,^ a. a* 05 >3 >3 » a M » Si- r-t- g- S s S" 7Q c^ Ot3 3-> n CD p X) 0 a> p 0 CL (-+ p 5 f^ Oq 1 <-♦- fD BILL Pr21 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Fuller-Austin of Canada Limited Mr. McCaffrey TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr21 1977 An Act respecting Fuller-Austin of Canada Limited WHEREAS Fuller- Austin Insulation Company, herein- Preamble after called the Applicant, hereby represents that Fuller-Austin of Canada Limited, hereinafter called the Cor- poration, was incorporated by letters patent dated the 4th day of June, 1958; that the Minister of Consumer and Com- mercial Relations by order dated the 3rd day of January, 1973 and made under the authority of subsection 3 of section 251 of The Business Corporations Act, being chapter 53 of the Revised Statutes of Ontario, 1970, cancelled the certificate of incorporation of the Corporation for default in filing annual returns and declared the Corporation to be dissolved on the 7th day of February, 1973; that the Applicant is the successor to the company which was the beneficial owner of all the outstanding shares of the Corporation at the time of the dissolution of the Corporation; that the Corporation's default in filing annual returns occurred through inadvertence; and that the Corporation at the time of its dissolution was, and now is, actively carrying on the business authorized by its letters patent; and whereas the Applicant has made applica- tion for special legislation reviving the Corporation; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Fuller- Austin of Canada Limited, incorporated by letters ^ustlnof patent dated the 4th day of June, 1958, is hereby revived Canada and is, subject to any rights acquired by any person after revived its dissolution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, disabilities and debts, as at the date of its dissolution, in the same manner and to the same extent as if it had not been dissolved. Co^^ence- 2. This Act comes into force on the day it receives Royal Assent. Short title 3. The short title of this Act is The Fuller- Austin of Canada Limited Act, 1977. o n > » w 2: 'Z 0 0 < 0 0 3 «-0 2 B Co cr ^ cr Si- a> en ■-I ►-1 ^ to 5:0 «> Si- Si £r ^ tr ^' ^ '" OTQ " 1— ' CTQ 1— ' »— » vO vO vO ^ ~vl ^ "vj -vl ^ 3-> 0 f» X3 0 a> p 0 a r+ p 5 r OQ 1 r+' n 0- BILL Pr22 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Borough of Etobicoke Mr. Leluk TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr22 1977 An Act respecting the Borough of Etobicoke WHEREAS The Corporation of the Borough of Etobicoke, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . By-laws may be enacted by the council of the Corpora- ^^^^^ss^^^ tion to establish a clinic or clinics within the Borough of by-iaws Etobicoke for the spaying or neutering of domestic animals neutering without cost to the owners of such animals, or upon pay- ment to the Corporation of such fees as may be established by by-law. 2. This Act comes into force on the day it receives Royal m°enr^"^^ Assent. 3. The short title of this Act is The Borough of Etobicoke short title Act, 1977. ^ g po C2 » r' w bo r S=: W o o Si 8 o •>»» cr C/5 ft) ^■s* 1-1 J^ to CTi -^ s> (-»- Si- cr ^ . s 1— ' Oq vO ^ ^ w> o 3 "-1 o > o OQ r-l- nr i-l o 0) (/) w ft) o l-t- (-+- o a^ 3 o' crq o (-1- ?r rr Q fT> BILL Pr22 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Borough of Etobicoke Mr. Leluk TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr22 1977 An Act respecting the Borough of Etobicoke WHEREAS The Corporation of the Borough of Etobicoke, Preamble herein called the Corporation, hereby applies for special legislation in respect of the matters hereinafter set forth; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . By-laws may be enacted by the council of the Corpora- fo'^*J°g''*^y tion to establish a clinic or clinics within the Borough of by-iaws Etobicoke for the spaymg or neutermg of domestic animals neutering without cost to the owners of such animals, or upon pay- ment to the Corporation of such fees as may be established by by-law. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is The Borough of Etobicoke short title Act, 1977. w :z: 'Z o o O < < o 3 C-0 5 (T) 3 O C/5 c 5^4 cr ?i- a> i-t >3 •-1 >:i ?0 1—* Si 1— k --J » cyi Si- Cn <-^ S^ f-K ^. (-1- Si- tr ^». p' S cr (7q s c^ 1— » Crt) ►— ' I— ' vO o o •^ ^ --4 ^ -J ^ w> o 3 -1 o c orq > n 13- •I O rD w r^- r+ O 2t ^ o' CTQ o I-+ ?r tr a> a> BILL Pr23 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Matol Holdings Limited Mr. McCaffrey TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr23 1977 An Act respecting Matol Holdings Limited WHEREAS John P. Tamai, Jennie Favot and Teresa Preamble West, hereby represent that Matol Holdings Limited, herein called the Corporation, was incorporated by letters patent dated the 13th day of October, 1964; that the Minister of Consumer and Commercial Relations by order dated the 13th day of June, 1973 and made under the authority of subsection 2 of section 251 of The Business Corporations Act, ^fg'-'- ^^''°' cancelled the letters patent of the Corporation for default in filing annual returns and declared the Corporation to be dissolved on the 18th day of July, 1973; that the appHcants were all of the directors and holders of the common shares of the Corporation at the time of its dissolution ; that default in filing annual returns occurred by reason of inadvertence; that the Corporation at the time of its dissolution was and is now actively carrying on the businesses authorized by its letters patent; and whereas the applicants hereby apply for special legislation reviving the Corporation ; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, -enacts as follows: 1 . Matol Holdings Limited, incorporated by letters patent Homings dated the 13th day of October, 1964, is hereby revived and ^l^^^^ is, subject to any rights acquired by any person after its dissolution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, disabilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is The Matol Holdings Limited snort title Act, 1977. ^ to n O > w w Si- O o l-t- tNO o >>«. S cr C/> Sl a> '"»■ >2 •-t Si. --4 s> r-t- 1' o "^ ^ ^ p o > 3 ffi> o o r-t- a •^ 5' in TS re r 3 5 Oq <-+ (T> a BILL Pr23 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Matol Holdings Limited Mr. McCaffrey TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr23 1977 An Act respecting Matol Holdings Limited WHEREAS John P. Tamai, Jennie Favot and Teresa Preamble West, hereby represent that Matol Holdings Limited, herein called the Corporation, was incorporated by letters patent dated the 13th day of October, 1964; that the Minister of Consumer and Commercial Relations by order dated the 13th day of June, 1973 and made under the authority of subsection 2 of section 251 of The Business Corporations Act, ^fg*-*- ^^^°' cancelled the letters patent of the Corporation for default in filing annual returns and declared the Corporation to be dissolved on the 18th day of July, 1973; that the applicants were all of the directors and holders of the common shares of the Corporation at the time of its dissolution ; that default in filing annual returns occurred by reason of inadvertence; that the Corporation at the time of its dissolution was and is now actively carrying on the businesses authorized by its letters patent ; and whereas the applicants hereby apply for special legislation reviving the Corporation ; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Matol Holdings Limited, incorporated by letters patent Holdings dated the 13th day of October, 1964, is hereby revived and Limited ,. -^ . , ..' -' f. revived IS, subject to any rights acquired by any person after its dissolution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabihties, contracts, disabilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. 2. This Act comes into force on the day it receives Royal Assent. Commence- ment 3. The short title of this Act is The Matol Holdings Limited short title Act, 1977. o O > w "Z iz; o o O < <; o 3 Oo ;« CD 3 O cr Co cr ?»- cr s^ rti >3 i-i >3 to >3 h- » S) 1— » Si- ^ a en (->■ pf c^ p- 1— » (^ h-^ H^ \o vO vO •^ -J ^ ~-j ^ -^ x> &-. 3 CO 3 5' S-Orq BILL Pr24 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Niagara Institute for International Studies Mr. Kerrio TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr24 1977 An Act respecting Niagara Institute for International Studies WHEREAS Niagara Institute for International Studies Preamble hereby represents that it was incorporated under the laws of the Province of Ontario by letters patent dated the 13th day of May, 1971 ; that the said Institute was founded for the purposes of strengthening leadership within organ- izations throughout society and for promoting understand- ing and communication among them; that the said Institute requires the use of lands for occupation by the Institute; that The Mortmain and Charitable Uses A ct applies to the ^SiP- ^^''°- r r c. 280 lands of the said Institute; that it is desirable that the said Institute be relieved from certain effects of the said Act ; and whereas the applicant hereby applies for special legisla- tion for such purposes; and whereas it is expedient to grant the apphcation; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Niagara Institute for International Studies shall have u^j^®,^*^^ and shall be deemed always to have had power to acquire in mortmain in mortmain by purchase, lease, gift, devise or bequest and to hold, possess and enjoy without limitation as to the period of holding any land or any estate or interest therein, in the Province of Ontario necessary for the actual use and occupation of Niagara Institute for International Studies or for the carrying on of its undertaking, and to sell, grant, convey, mortgage, lease or otherwise dispose of the same or any part thereof or any interest therein from time to time as occasion may require. 2. Land acquired or held by Niagara Institute for Inter- q/ if°^*no°" national Studies shall be disposed of by it within seven years required for from the time when the land ceases to be necessary for the institute actual use and occupation of Niagara Institute for Inter- national Studies or for carrying on its undertaking. ment"*°^^" 3. This Act comes into force on the day it receives Royal Assent. Short title 4, Xhe short title of this Act is The Niagara Institute for International Studies Act, 1977. ^ g >* W ^. CJ » ^ ^ w &3 Si A. O o l-t- tNO o i»»k S cr V) ?^ (D '■+• ^ •-1 S) -J Si 5^ 1" -4 ^ OQ P 1^ I> X3 n> re "n o 3 r+ P 5' <->■ QTQ o' 3 P ^^ (/) <-i- d & ??' BILL Pr24 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Niagara Institute for International Studies Mr. Kerrio TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr24 1977 An Act respecting Niagara Institute for International Studies WHEREAS Niagara Institute for International Studies Preamble hereby represents that it was incorporated under the laws of the Province of Ontario by letters patent dated the 13th day of May, 1971; that the said Institute was founded for the purposes of strengthening leadership within organ- izations throughout society and for promoting understand- ing and communication among them; that the said Institute requires the use of lands for occupation by the Institute; that The Mortmain and Charitable Uses Act applies to the R-|-0- i^^o, lands of the said Institute; that it is desirable that the said Institute be relieved from certain effects of the said Act; and whereas the applicant hereby applies for special legisla- tion for such purposes; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Niagara Institute for International Studies shall have Power to 1 1 11 1 1 11 1 11 hold land and shall be deemed always to have had power to acquire in mortmain in mortmain by purchase, lease, gift, devise or bequest and to hold, possess and enjoy without limitation as to the period of holding any land or any estate or interest therein, in the Province of Ontario necessary for the actual use and occupation of Niagara Institute for International Studies or for the carrying on of its undertaking, and to sell, grant, convey, mortgage, lease or otherwise dispose of the same or any part thereof or any interest therein from time to time as occasion may require. 2. Land acquired or held by Niagara Institute for Inter- Disposition 10T1111T r o^ land not national Studies shall be disposed of by it within seven years required for from the time when the land ceases to be necessary for the Fnsutute actual use and occupation of Niagara Institute for Inter- national Studies or for carrying on its undertaking. ment"^"'^^" 3. This Act comes into force on the day it receives Royal Assent. Short title 4^ Xhc short title of this Act is The Niagara Institute for International Studies Act, 1977 . 5i :z; o o O < < o ft) 3 Co 0) 3 o cr Sk- cr s^ (D rt) fD >3 to 5« h— * s> *— * -J & i-t- en i-t- c-t- tJ' s in- 1' rS * OTQ " >— » OTQ 1— k t— k vO O o --J --J --a ^ ^ ^ op r-^ > c 3 (-»- fD > H*, o O r-t- i-t ■-1 1 [ O) 3 X3 a> fD "I O 3 (-t- p 5' r-t- OQ o' 3 Si C/) (-*- c a BILL Pr25 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Sarnia Mr. Blundy TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr25 1977 An Act respecting the City of Sarnia WHEREAS The Corporation of the City of Sarnia, herein Preamble called the Corporation, hereby represents that by By-law Number 326 of the Town of Sarnia, enacted pursuant to The Public Parks Act being chapter 190 of the Revised Statutes of Ontario, 1887 and finally passed, with the assent of the electors, on the 12th day of November, 1888, the Board of Park Management of the Town of Sarnia (now the City of Sarnia) was established ; that the council of the Corporation deems it to be in the best interest of the citizens of the City of Sarnia that the functions of the said Board be placed under the control of the council of the Corporation as a department of the Corporation and that all assets and liabilities of the said Board become assets and liabilities of the Corporation; and whereas the applicant hereby applies for special legislation for such purpose; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) The Board of Park Management of the City of Board of Sarnia, hereinafter called the Board, is dissolved. Management dissolved (2) Upon the dissolution of the Board, the functions of Functions. ^ > r ' assets, etc., the Board shall be assumed by the council of the Corporation, of Board and all the assets and liabilities of the Board shall become tomuni- assets and liabilities of the Corporation, without compensation. "^* ^^^ (3) Upon the dissolution of the Board, the employees Employees thereof shall become employees of the Corporation and all become terms and conditions of employment affecting seniority, municipafity remuneration and other benefits in force with respect to such employees shall be assumed by the Corporation. 2. The council of the Corporation shall be deemed to be 9°^°^l^ ^ deemed a recreation committee under The Ministry of Culture and committee. Recreation Act, 1974, and regulations thereunder, a committee 1974,0.120 1974, c. 80 of management of a community recreation centre under The Community Recreation Centres Act, 1974, and a board of ^IgOi^'^o. park management under The Public Parks Act. fe^eaie'd ^* ^Y'^^w Number 326 of the Town of Sarnia is repealed. Commence- 4, jhis Act comcs into forcc on the 1st day of Tanuarv ment ^^^^ y- Short title 5. The short title of this Act is The City of Sarnia Act, 1977. i > 3 > o to d O n i-t- t\i o >>.« s cr C/) 5^ n >i ►1 ^ ^ -J S) 1' o ■^ ^ ^ X) CD O 5' crq cr o o CD P3 BILL Pr25 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Sarnia Mr. Blundy TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr25 1977 An Act respecting the City of Sarnia WHEREAS The Corporation of the City of Sarnia, herein Preamble called the Corporation, hereby represents that by By-law Number 326 of the Town of Sarnia, enacted pursuant to The Public Parks Act being chapter 190 of the Revised Statutes of Ontario, 1887 and filially passed, with the assent of the electors, on the 12th day of November, 1888, the Board of Park Management of the Town of Sarnia (now the City of Sarnia) was established ; that the council of the Corporation deems it to be in the best interest of the citizens of the City of Sarnia that the functions of the said Board be placed under the control of the council of the Corporation as a department of the Corporation and that all assets and liabilities of the said Board become assets and liabilities of the Corporation; and whereas the applicant hereby applies for special legislation for such purpose; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) The Board of Park Management of the City of|oardof Sarnia, hereinafter called the Board, is dissolved. Management dissolved (2) Upon the dissolution of the Board, the functions of ^g^g°^^^°^^- the Board shall be assumed by the council of the Corporation, of Board ' and all the assets and liabilities of the Board shall become tp muni- assets and liabilities of the Corporatiori, without compensation. "^^ ^ ^ (3) Upon the dissolution of the Board, the employees ^Y§]°^1^^ thereof shall become employees of the Corporation and all become terms and conditions of employment affecting seniority, municipality remuneration and other benefits in force with respect to such employees shall be assumed by the Corporation. 2. The council of the Corporation shall be deemed to be ^°g^j^^^^ a recreation committee under The Ministry of Culture and committee. Recreation Act, 1974, and regulations thereunder, a committee 1974,0.120 1974, c. 80 of management of a community recreation centre under The Community Recreation Centres Act, 1974, and a board of ^•|gOi9''0' park management under The Public Parks Act. By-law 3 By-law Number 326 of the Town of Sarnia is repealed. repealed -^ ^ ment°^°'^*' '** ^^^^ ^^^ comes into force on the 1st day of January, 1978. Short title 5. The short title of this Act is The City of Sarnia Act, 1977. > 3 :z; ^ o < o o fO a> (-K 3 3 s o cr ft C/5 i-i 3 to 3 >3 Si •1 to S:0 a ;:$ a s' rS OTQ c^ 1—* QTQ 1— ' 1— » vO O vO ■^ ^ -^ *J --J ^ 3 orq O (-+ O P BILL Pr27 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Windsor Mr. Newman Windsor- Walkerville TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr27 1977 An Act respecting the City df Windsor WHEREAS The Corporation of the City of Windsor, herein called Preamble the Corporation, hereby represents that on the 4th day of October, 1976, By-law Number 5537 was passed by the council of the Corporation for submitting to the electors the question: "Are you in favour of the election of Aldermen By ward? By city-wide vote?"; and that the said question was submitted to the electors on the 6th day of December, 1976, and a majority of the electors voted in favour of the election of aldermen by ward; and that the council is desirous of carrying into effect the wishes of the electors; and whereas the Corporation hereby applies for special legislation to effect such purpose; and whereas it is expedient to grant the application ; Therefore, 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 City of Windsor {Amalgamation) Act, ^9J5, ^^^-gg as re-enacted by the Statutes of Ontario, 1971, chapter 133, re-enacted section 1, is repealed and the following substituted therefor: 6. — (1) Notwithstanding any general or special Act, com- of°^uncn^°" mencing the 1st day of January, 1979, the council of the Corporation shall be composed of a mayor, who shall be elected by a general vote of the electors and ten aldermen, two of whom shall be elected by the electors of each ward in the City of Windsor. (2) Notwithstanding the provisions of this or any other m^' vary Act, upon the application of the council of the Corporation, o°™P°jf^?i°" the Ontario Municipal Board may, by order, vary the com- position of the council of the Corporation. 2. This Act comes into force on the day it receives Royal Assent. m°e^t"^°°^ 3. The short title of this Act is The City of Windsor Act, 1977. short title bo 3 S w w O i-i k £L ^ ^ s (T) > 2; 0 0 <-i- tNO 0 K» s 0' C/5 Si- n> ^ ^ 1-1 to 5^ -J Si 5:^ c^ p- Si- 1' I— k c^ > 3 9> < X) rD B 0 B' 0 crq "^ (-+ :r n> BILL Pr27 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Windsor Mr. Newman Windsor-Walkerville {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr27 1977 An Act respecting the City df Windsor WHEREAS The Corporation of the City of Windsor, herein called Preamble the Corporation, hereby represents that on the 4th day of October, 1976, By-law Number 5537 was passed by the council of the Corporation for submitting to the electors the question: "Are you in favour of the election of Aldermen By ward? By city-wide vote?"; and that the said question was submitted to the electors on the 6th day of December, 1976, and a majority of the electors voted in favour of the election of aldermen by ward; and that the council is desirous of carrying into effect the wishes of the electors; and whereas the Corporation hereby applies for special legislation to effect such purpose; and whereas it is expedient to grant the application ; Therefore, 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 City of Windsor {Amalgamation) Act, ^955,1^35,^^ as re-enacted by the Statutes of Ontario, 1971, chapter 133, re-enacted section 1, is amended by adding thereto the following sub- sections : (2) Notwithstanding subsection 1 or section 28 of The Muni- awermen"^ cipal Act, commencing the 1st day of January, 1979, the^ywards council of the Corporation shall be composed of a mayor, ^fs? ^^™' elected by general vote, and at least 1 alderman for each ward, so providing that each ward shall have equal repre- sentation by aldermen. "^jf (3) Notwithstanding the provisions of this or any other o-^*^ Act, upon the appHcation of the council of the Corporation, composition of council the Ontario Municipal Board may, by order, vary the com- position of the council of the Corporation. Division into polling subdivisions 1972, c. 95 Commence- ment Short title 2. Notwithstanding subsection 1 of section 17 of The Municipal Elections Act, 1972, the City Clerk shall, for the purposes of the municipal election to be held in 1978, divide the City of Windsor into polling subdivisions, and, not later than the 1st day of June, 1978, inform the assessment commissioner of the boundaries of each subdivision. "^H 3. This Act comes into force on the day it receives Royal Assent. 4. The short title of this Act is The City of Windsor Act, 1977. 8 ^ <^ CO « I C/> c<> 3 S C/) W O 1-1 1 EL ^ ^ S a> > •z I. O o (-+ J>^ o i«^ s cr O) 5^ (t to Rl -J S) Si- s ^ c^ 1— 1> »Q > 3 O > ^ r+ O ►i >-h n> [/) J "^ 5 n i-t- (/I 5' o crq BILL Pr27 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Windsor Mr. Newman Windsor- Walkerville TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr27 1977 An Act respecting the City Of Windsor WHEREAS The Corporation of the City of Windsor, herein called Preamble the Corporation, hereby represents that on the 4th day of October, 1976, By-law Number 5537 was passed by the council of the Corporation for submitting to the electors the question: "Are you in favour of the election of Aldermen By ward? By city-wide vote?"; and that the said question was submitted to the electors on the 6th day of December, 1976, and a majority of the electors voted in favour of the election of aldermen by ward; and that the council is desirous of carrying into effect the wishes of the electors; and whereas the Corporation hereby applies for special legislation to effect such purpose; and whereas it is expedient to grant the application ; Therefore, 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 City of Windsor {Amalgamation) Act, -^9^5, i^^5,g g as re-enacted by the Statutes of Ontario, 1971, chapter 133, re-enacted section 1, is amended by adding thereto the following sub- sections : (2) Notwithstanding subsection 1 or section 28 of The Muni- aMermen'^ cital Act, commencing the 1st day of January, 1979, the^ywards ^/v/*/ RSO 1970 council of the Corporation shall be composed of a mayor, c.'284 elected by general vote, and at least 1 alderman for each ward, so providing that each ward shall have equal repre- sentation by aldermen. (3) Notwithstanding the provisions of this or any other o^.b^^^ Act, upon the appHcation of the council of the Corporation, composmon the Ontario Municipal Board may, by order, vary the com- position of the council of the Corporation. Division into polling- subdivisions 1972, c. 95 2. Notwithstanding subsection 1 of section 17 of The Municipal, Elections Act, 1972, the City Clerk shall, for the purposes oij the municipal election to be held in 1978, divide the City of Windsor into polling subdivisions, and, not later than the 1st! day of June, 1978, inform the assessment commissioner of th( boundaries of each subdivision. 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 City of Windsor Act, 1977 . 3 g w 50 O £i ^ ^ s fD > 5: O d o n rt) o o o r-t- 0) Uj H) l>0 o h^ 3 cr CD 3 cr ft) to vO S) o S) •^ S) i-(- s^ l-t ?^ l->- Si. p- p' p' ,_k (yQ H^ c^ 1— » Oq o O o -J -J ■^ ^ ^ •^ > 3 n > o •< (-►■ o 3 p-+> a> (/) g ^ 5 o a C/5 5' O (TO l-i r+ £r a BILL Pr28 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Hamilton Mr. Deans TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr28 1977 An Act respecting the City of Hamilton WHEREAS The Corporation of the City of Hamilton considers Preamble it desirable to increase the membership of the board of directors of The Hamilton Performing Arts Corporation, Inc. from nine members to thirteen members to be appointed by the council of The Corporation of the City of Hamilton; and whereas the applicant hereby applies for special legislation for such purpose; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Section 3 of The City of Hamilton Act, 1972, being chapter 178, i9'J2.g ^ ^ as re-enacted by the Statutes of Ontario, 1975, chapter 97, re-enacted section 3, is repealed and the following substituted therefor: 3. The board shall be comprised of thirteen members offpai''Jof , , * directors whom, at least, {a) four directors shall be members of council ; and {h) five directors shall not be members of council. 2. This Act comes into force on the day it receives Royal Assent, commence- •^ •' ment 3. The short title of this Act is The City of Hamilton Act, 1977. short title to w > O o tNJ O cr On Si- fD >0 1-1 ^ ^ a ^ 1—* -4 ^ > 3 n > "< o f-t- o l-H ■-1 ffi P (t 3 o O 3 3 l-h 3- n BILL Pr28 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Hamilton Mr. Deans [Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr28 1977 An Act respecting the City of Hamilton WHEREAS The Corporation of the City of Hamilton considers Preamble it desirable to increase the membership of the board of directors of The Hamilton Performing Arts Corporation, Inc. from nine members to thirteen members to be appointed by the council of The Corporation of the City of Hamilton; and whereas the applicant hereby applies for special legislation for such purpose; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Section 3 of The City of Hamilton Act, 1972, being chapter 178, i9|2,^ ^ g as re-enacted by the Statutes of Ontario, 1975, chapter 97, re-enacted section 3, is repealed and the following substituted therefor : 3. The board shall be comprised of thirteen members ofBpardof » directors whom, at least, {a) four directors shall be members of council ; and {h) seven directors shall not be members of council. 2. This Act comes into force on the day it receives Roval Assent, commence- -' -' ment 3. The short title of this Act is The City of Hamilton Act, 1977. short title >3 2 ^ Si- s' O w > ^ >3 ^ O C/5 sa- rt >3 1-1 N3 ^ «> 5^ ^ S> 5^ 1' ^ > 3 o <-t- > ^ n rt o 1-h O) X C/1 p ftl 3. O r-t- o 3 3 <-► 3" (D BILL Pr28 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act respecting the City of Hamilton Mr. Deans TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario niiH Jjia itoJtintisH iu -fil. BILL Pr28 1977 An Act respecting the City of Hamilton WHEREAS The Corporation of the City of Hamilton considers Preamble it desirable to increase the membership of the board of directors of The Hamilton Performing Arts Corporation, Inc. from nine members to thirteen members to be appointed by the council of The Corporation of the City of Hamilton; and whereas the applicant hereby applies for special legislation for such purpose; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Section 3 of The City of Hamilton Act, 1972, being chapter 178, i^^^,^ ^ 3 as re-enacted by the Statutes of Ontario, 1975, chapter 97, re-enacted section 3, is repealed and the following substituted therefor: 3. The board shall be comprised of thirteen members of^pardof '^ directors whom, at least, {a) four directors shall be members of council ; and {h) seven directors shall not be members of council. 2. This Act comes into force on the day it receives Royal Assent, commence- •^ -^ ment 3. The short title of this Act is The City of Hamilton Act, 1977. short title O w > o O O < 3 2 < 3 o O cr cr Si. cr Si- a> •-1 to g- "-1 i-t- Si Si- ITT* §" tr s' ^ ■■ c^ " c^ 1—' Orq 1—' -J -^ -«j --J ^ > p O) 3 o r-t- O 3 orq 3 (->■ tr a> BILL Pr29 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of East Zorra- Tavistock Mr. Eaton TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr29 1977 An Act respecting the Township of East Zorra-Tavistock WHEREAS The Corporation of the Township of East Preamble Zorra-Tavistock, herein called the Corporation, hereby represents that the council of the Corporation passed By-law 27-75 authorizing the construction of a drainage works known as the Innerkip Drainage Works and authorizing the debenturing of certain sums required to pay for the said drainage works and authorizing the Corporation to assess, levy and collect the amount of special rates set forth as a schedule of assessment contained in an engineer's report pre- pared pursuant to The Drainage Act, being chapter 136 of the Revised Statutes of Ontario, 1970, as revised by a Court of Revision, and further revised by His Honour Judge Dick, of the County Court of the County of Oxford; that the council of the Corporation passed the said by-law pursuant to the provisions of The Drainage Act, but not in strict compliance therewith ; that the said by-law was not amended to carry out the revisions made to the said schedule of assessment by the Court of Revision and by the judge of the County Court ; and further that the said by-law contained an error in that it authorized the Corporation to issue deben- tures instead of The Corporation of the County of Oxford; that the Corporation proceeded to apply to the Ontario Municipal Board to authorize the issuance of the said deben- tures in the sum of $120,200 but that the Corporation pro- ceeded with the said drainage works without first obtaining the approval of the Ontario Municipal Board; and whereas the applicant hereby applies for special legislation validating the said by-law, and amending the said by-law ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Notwithstanding The Drainage Act, being chapter 136 By-iaw^27-75, of the Revised Statutes of Ontario, 1970, The Drainage Act, ratified 1975, c. 79 R.S.0. 1970. c. 323 1974, c. 57 7975 or section 65 of The Ontario Municipal Board Act, and subject to section 91 of The County of Oxford Act, 1974, By-law 27-75 of the Corporation, as amended by this Act and set out in Schedule A hereto, finally passed by the council of the Corporation on the 18th day of May, 1977, authorizing construction of the Innerkip Drainage Works and authorizing the issuance of debentures to provide funds otherwise not provided for and providing for the assessment, levy and collection of the special rates set out in the aforesaid engineer's report, as revised by a Court of Revision and further revised by the judge of the County Court of the County of Oxford and set out as Schedule B hereto, is hereby declared to be valid, in full force and effect and binding upon the Corporation and its respective ratepayers in accord- ance with the provisions thereof. By-law 27-75, amended 2. Section 2 of By-law 27-75 of the Corporation is amended by striking out the expression "may issue debentures of the Corporation" where that expression occurs and inserting in lieu thereof "The Corporation of the County of Oxford may issue debentures on behalf of the Corporation". Application of R.S.0. 1970, c. 323, ss. (55-58) 3. Sections 55, 56, 57 and 58 of The Ontario Municipal Board Act apply with respect to any by-law passed under section 1 and to any debentures issued thereunder. Order of O.M.B. deemed issued 4. For the purposes of every Act, the Ontario Municipal Board shall be deemed to have issued an Order under section 64 of The Ontario Municipal Board Act authorizing the con- struction of the Innerkip Drainage Works referred to in section 1 and authorizing The Corporation of the County of Oxford to issue the debentures mentioned in section 1. Commence- ment 5. This Act comes into force on the day it receives Royal Assent. Short title 6. The short title of this Act is The Township of East Zorra-Tavistock Act, 1977 . SCHEDULE A THE CORTORATIOH CF TIU; TOWNSHIP OF UvST ZORIl/V - TAVISTOCK COUHTY OF OXFORD BY-LAU' riO. 27-75 INIIERKIP DRAIHACE WORKS A By-law to provide for a Drainage Work in the Township of East Zorra-Tavistock in the County of Oxford and for borrowing on the credit of the Municipality the sum of Two hundred and seventy four thousand, gix hundred nineteen dollars ($274,619.00) being the amount necessary for completing the drainage work. VJHEREAS Council has received a petition of the Road Superintendent for improvement of drainage of road allowances in Innerkip AND VJHEREAS Council has appointed an Engineer under Section 53 of the Drainage Act R.S.O. 1970, for the better use of the Hall, Joe Sim, Yeo and Thomas Drains as affecting the Village of Innerkip being the following lands Con 16, Pt. Lots 10-13; Con. 17, Pt. Lots 9-14; Reg. Plan 1071, Lota 1-42; Reg. Plan 35, Lots 2-28,36 6 37; Reg. Plan 241, Lots 1-5; Reg. Plan 80, Lots 1-12; Reg. Plan 111, Lots 1-138 & Block"A"; Reg. Plan 59, Block "A"; Coleman St., Bland- ford St., Queen St., James St., George St., Main St., Burton St., Vincent St., Day St., Briar Drive, Thames Ave., Balsam St., Stratford St., Cty Rd., #33, Hill St., Con. Rd. 16 & 17, Young St. AND WHEREAS the Council of the Township of East Zorra-Tavistock procured a report made by Ken A. Smart, P.Eng., 13 Spetz Street, Kitchener, Ontario and tho report is as previously circulated; W3D WHEREAS the Council is of the opinion that the drainage of the area is desirable: THEREFORE the Council of the Township of East Zorra-Tavistock pursuant to the Drainage Act 1970, enacts as follows: 1. The report is hereby adopted and the drainage v/ork as herein indicated and set forth is authorized and shall be completed in accordance therewith. 2. The Corporation of the Township of East Zorra-Tavistock may borrow on the Credit of the Corporation, the sum of: Two hundred and seventy four thousand, six hundred nineteen dollars (274,619.00) /eing the funds necessary for the drainage works not otherwise provided for; provided that sucli sums shall be reduced by the amount of grants a commuted payments v/ith respect to the lands and roads assessed, and may issue debentures of the Corporation to that amount in sums of not less than $50.00 each, and payable witliin five (5) years from the date of such debentures with interest at the prevailing rates at the time construction of the drain is completed. 3. The payments shall be assessed, levied and collected in the same manner and at the same time as other taxes are levied and collected upon and from the parcels or part of parcel, herein mentioned and the amount of tdtal special rates and interest against each parcel or part of parcel respectively shall be divided into five (5) equal parts and one such part shall be assessed, levied and collected as aforesaid in each year for five (5) years, after the passing of this by-lav; during which tlie debentures have to run. 4. All sums of money of $25.00 or under arc payable by cash only. 5. That, this by-law be printed and a copy mailed to each ratepayer in the watershed. 6. That this by-law comes into force on the final passing thereof, and mny be cited as the Innerkip Drainage Works By-law. READ a first and second time this 2eth. day of May, 1975. READ a third time and finally passed this /2 day of //j/^y 197^. ^ J-V. Killijfg, Cler^Treasurer l^^^t Harold VOGT, (Mayor) NOTICE NOTICE is hereby given that the Drainage COURT OF REVISION will be held in the TOWNSHIP HALL, llickson, Ontario on r'odnesday, June 25th., 1975 at 1:15 p.m. to hear and conDidcr any complaints which nay be made under the foregoing by-law over which the said Court has jurisdiction. All appeals to be in writing and be in the Clerk's Office on or before Friday, June 13th., 1975 at 4:30 p.m. AND further I'lctice is hereby given that anyone intending to appeal to have the by-law quashed, must not later than ten (10) days after the final passing thereof, nerve a notice in writing ufion the Clerk of the Municip- ality of hie intention to mnkc application for that purpose to the Referee, during the tlircc months after tlie final passing of the said by-law . .-vcv-v- John V. Killing, Clerk-Treasurer, Township of East Zorra-Tavistock, Hickson, Ontario Ce/tlficd a true copy -af -By-law #^27 V^^' w SCHEDULE B INNERKIP DRAINAGE WORKS TOWNSHIP OF EAST ZORRA-TAVISTOCK Engineer's Report, amended to reflect revisions of a Court of Revision and of His Honour Judge Dick, in the County Court of the County of Oxford, in a Judgment dated the 4th day of November, 1976. Kitchener, Ontario February 26 , 1975 INNERKIP DRAINAGE WORKS TOWNSHIP or EAST ZORRA-TAVISTOCK To the Mayor and Council of the Tov;nship of East Zorra-Tavistock Gentlemen : I an pleased to present my report on the construction of the Innerkip Drainage Works. This drainage works Involves the reconstruction, inprovement to, consolidation of and/or extension of the Yeo , Thomas, Hall and Joe Sim Drains presently serving parts of the Police Village of Innerkip plus other lands In Lots 9 to lU, Concessions 16 and 17 in the Township of East Zorra- Tavistock. As well new branch drains are involved to better serve the affected lands and roads. This report was prepared in accordance with instructions received from your Clerk with respect to a motion of the Township Council, said Council being responsible for both the maintenance anil reconstruction of existing municipal drains and for obtaining improved road drainage. The attached plan, profile, and detail Drawings No.'s 1 to 8, Job No. 7367, specifications and the instructions to tendoi'ers form part of this report. They show and describe in detail the location and extent of the work to be done and the lands which are affected. Very few records exist of the Thomas, Yeo and Hall (and Gillespie Drain -upstream of the Hall Drain) but the drawings numbered 1 and ? show the ap^kroximate locations of same. The Thomas Drain runs generally easterly from near the intersection of Stratford and Blandford Streets within Innerkip to a catch basin on the east side of Queen Street at which point waters being carried by the drain are allowed to find an outlet in the limestone which underlies the majority of the village at a relatively shallow depth. The Yeo Drain commences in Lot 12, Concession 16 and runs generally southerly and easterly to a point in Lot 10, Concession 17 where, similar to the Thomas Drain, the conveyed waters find an outlet in the limestone strata. (The Gillespie Drain commences In the wcut parr of Lot 13, Concession 17 and runs generally south- easterly tc an outlet in the Hall Drain in the south-east corner of Lot 11, Concession 17.) The Joe Sim Drain the most recent of the d'cainage works serving the affected lands was constructed in 1964 and lies along Young Street from Coleman Street east to cast of Qu*r-; Street. The Hall Drain runs southeasterly through built up portions of Innerkip, providing an outlet for the Jog Sim Drain near Young Street and continuing on in a southeasterly direction to an outlet in the Th?.mes River. I have made an examination of the drainage systems in the affected areas and have found many problems either directly or indirectly related to the functioning of the systems. I found that the Hall and Thomas drains were sized to serve primarily rural lands (and at a level of service below that required by recent design) and are not capable cf providing the expected drainage outlet for all adjacent and tributary lands. As a result, there are occasions during any year when adjacent lands and roads are submerged with water. Tributary lands to these drains can not get an adequate outlet and as a result some areas remain undrained thereby adversely affecting the performance of sanitary waste dis- posal systoms. Also the performance of the local roads is reduced by the lack of a drainage outlet. Because of the lack of drainage as uescribed and because of the outletting of two drains (Yeo and Thomas) into reck strata potential sources of problems with water supply systems which originate in the limestone are created. Areas that could be developed for residential or other land uses are faced in many cases with either no outlet or else with an undersized outlet traversing the lands that could be developed. It is therefore my recommendation that a new drainage system for the village of Innerkip and tributary lands be constructed to eliminate or reduce the above problems. My proposed drainage scheme involves the construction of the following systems. Firstly, I recommend that a new drain, the Young Street and Hill Side Road Branches, be constructed from the point whero the Yeo Drain intersects the north limits of the Mill Sid* Road (Co. Rd. 33), that it run easterly along but north of the north limits of the County Road to an intersection with the Hall Drain, from this point generally following the route of the Hall Drain to Young Street and from here run along the south side of Young Street to an outlet in the Thames River. This drain would provide an Improved outlet for the Yeo and Gillespie Drains serving agricultural lands to the north, would provide an outlet for future rssldential lands north of the Mill Side Road and along Young Street, would create an adequate sized drain through this part of Innerkip to reduce flooding along the path of the existing Hall Drain and 8 would provide the required outlet for any other existing or proposed drains required to serve existing residential lands including the Joe Sire Drain. The second drainage system I recommend to be con- structed commences ax the rock outlet of the Yeo Drain (the Balsam, Blandf ord , Burton Street and James Street Branches) in Lot 10, Concession 17, runs easterly to Burton Street, along Burton Street to Blandford Street (Co.Rd. 4), north along Blandford Street to Balsan Street and east along Balsam Street to an outlet in the Thames River. There would be three extensions to this drain. The first is proposed south along Blandford Street to the corner of George Street, the second, west along Balsam Street from Blandford Street to Coleman Street and then south along Coleman Street to Briar Drive and the third involves a branch to the south along the unopened James Street up to the rock outlet of the Thomas Drain together with a short extension further south on James Street. This drain and extensions thereto would eliminate the emptying of the Yeo and Thomas Drains into the rock, would provide an outlet to residential lands west of Blandford Street presently lacking such, would reduce or eliminate the flooding of lands east of Bland- ford Street, would relieve and also provide an outlet for the Thomas Drain, would provide an outlet for future residential lands on both sides of Balsam Street, and would provide an improved outlet for the lands of and adjacent to the public school. The remaining system, I recommend, to be constructed, the Main Street Branch, involves a drain along Main Street from the intersection with the unopened James Street easterly to an outlet in the Thames River. This branch will reduce existing outlet problems along Main Street, provide a potential outlet for a small acreage of devel- opable lands immediately adjacent to Main Street and will also serve to intercept shallow ground water movement , affecting lands in the village in this area. The proposed work, therefore, consists of approximately 17 ,U02 lineal feet of closed drain including approximately 10,942 lineal feet of 10 to 2U inch diameter concrete field tile, 4,275 lineal feet of 24" to 42" concrete sewer pipe and 2,185 lineal feet of 8" to 54" corrugated steel pipe and 56 concrete catch basins, manholes and junction boxes. In accordance with Section 8 of the Drainage Act, R.S.O., 1970, I determine the allowances payable to owners entitled thereto as follows: R.P. or ALLOWAKCE FOR CON. LOT OWNER LAKDS AND CROPS Young Street 6 Mill Side Road Branches 17 Pt 10 T, Thompson $ 290.00 R.P. Ill Pt 93 C. Dykstra $ 40.00 R.P. or ALLOWANCES FOR CON LOT OWNER LANDS AND CROPS 17 Pt 10 J. e J. Thompson $ 105.00 R.P 111 Lts 9U - 96 R. 6 J. Eaton $ 970.00 R.P 111 97 N. Brooks $ 115.00 R.P 82,83,91 T. Mclntyre $ 530.00 R.P 37 W. 6 J. Lenhardt $ 250.00 R.P 35 6 36 M. Racz $ 870.00 R.P Pt 25 H. Caldecott $ UO.OO R.P. 26 Lena Brown $ 820.00 R.P 35 Pts 36 6 37 Kn ^chtel Milling Co. $ U60.00 17 PtSPt 11 J. 6 L. Matika $ 2 ,890.00 Balsam Street Branch 17 6 R.P. II] [ Pt 10 6 135 J. & J. Jonker R.P. II] [ 130, 13U C. Matheson R.P. II] [ 103, lOU H. hatheson R.P. II] [ 75 B. 6 J. Mclntyre R.P. II] t 129, 137 C. Matheson R.P. II] [ 105, 106 H. Matheson $ 670 00 $ 190 00 $ 100 00 $ 50 00 $ 150 00 $ 100 00 Main Street Branch 17 Pt 10 e J. Jonker 235.00 Burton Street Branch 17 PtWPt 10 Francis Yeo Est. $ 1,150.00 James Street Branches R.P. Ill 62-6U 115-117 Pts 121, 122-124 & 126 C. Matheson R.P. Ill 70, 109-llU 127-129 136 t 137 C. Matheson R.P. Ill 65 R. t V. Hild^rley Total Allowances $ 85.00 $ 1,030.00 $ 60.00 $11,200. 00 Total Allowances under Section 8 of thu Drainage Act, n.S.O,, 1970 $ 11,200.00 10 I have made an estimate of the cost of the proposed work which is outlined ir. detail as follows: LABOUR AND EQUIPMENT J) Balsam Street Branch Construction of 20 Gabion Baskets (6* X 3' X 3* each) including baskets, stone and installation $ 1,500.00 Installation of 2 - 30" steel pipe culverts with gates at tile outlets $ 250.00 Installation of 2,160 feet of 7^'' concrete field tile by tiling machine $ 5,U00.00 Installation of 172 feet of 2'*" corrugated steel pipe $ 1,200.00 Installation of 338 feet of 35" concrete sewer pipe (no gaskets) $ U, 200. 00 Installation of 54 feet of 21" corrugated steel pipe $ 200.00 Installation of 297 feet of 21" concrete field tile by tiling machine 760.00 Installation of U5 feet of 21", 60 .feet of 18" and 60 feet of 15" corrugated steel pipe across roadways $ 880.00 Installation of 6U feet of 18" concrete field tile by tiling machine $ 225.00 Installation of 260 feet of 16" concrete field tile by tiling machine $ U95.00 Construction of 7 - 3' X U* concrete catch basins with welded grates and concrete aprons $ 2,100.00 Construction of 2 - 6' X 6' concrete catch basins with cast iron grates $ 2,000.00 Construction of 2 - 2' X 2' concrete catch basins with welded grates and concrete aprons $ UOO.OO Construction of 3 - 2' X 2' concrete catch basins with cast iron grates and concrete aprons $ 900.00 Installation of 15 feet of 8" corrugated steel pipe as catch basin leads $ 110.00 Stripping and replacing topsoil and trenching for tiling machine along Balsam Street East and Coleman Street $ 750.00 11 Seeding grassed areas $ 300.00 Asphalt removal and disposal $ 150.00 Supply and placement of approximately 850 cu. yd. of gravel $ 3 ,000. 00 Paving of existing asphalt lane $ 300.00 Establishment and operation of detour $ 150.00 ii) Blandford Street Branch Installation of 152 feet of 30" concrete sewer pipe (no gaskets) $ 1,800.00 Installation of 1,15't feet of 27" concrete sewer pipe (no gaskets) $ 11,U8C.00 Installation of 298 feet of 2'*" concrete sewer pipe (no gaskets) $ 3,000.00 Installation of 676 feet of 8" corrugated steel pipe (perforated) (by tiling machine) $ 1,250.00 Construction of 5 - 60" dia. precast concrete catch basins with cast iron grates $ U,500.0C Construction of 3 - 2'. X 2' concrete catch b?.sins ditch inlet type with welded grates , one to have a concrete apron $ 700.00 Construction of 2 - 2' X 2' concrete catch basins with cast iron grates $ 700.00 Installation of 5 feet of 10", 22 feet of 12", 22 feet of 12" and 35 feet of 12" corrugated steel pipe as catch basin leads 0 340.00 Removal and disposal of existing asphalt pavement $ 1,500.00 Sidewalk reconstruction $ 300.00 Supply and placement of approximately 1,700 cu . yd. of gravel $ 6,000.00 Establishment and operation of detour $ 300.00 ili) Burton Street Branch Installation of UOQ feet of 10" corrugated steel pipe by tiling machine (perforated) $ 820.00 Installation of 1,180 feet of 10" farm tile by tiling machine $ 1,770.00 Construction of 1 - 2 ' X 2 ' concrete catch basin with welded grate s 300, .00 $ 100, .00 $ 300, .00 $ 100, .00 $ 350, .00 12 1 - 2' X 2' concrete catch basin with cast iron grate and 1 - 2' X 2' concrete catch basin ditch inlet type with sacked concrete rip-rap protection Trenching for tiling machine Paving of existing asphalt lane Regrr.ding of erroded areas Supply and placement of 100 cu. yd. of gravel iv) James Street Branches: Deleted by decision of His Honour Judge Dick . v) Main Street Branch Construction of 9 Gabion Baskets (6' X 3' X 1.5' each) including baskets, stone ard installation $ 800.00 Installation of 168 feet of 18" corrugated steel pipe with gate $ 1,000.00 Installation of 626 feet of 18" concrete field tile by tiling machine wrapped in fiberglass ^ 1,565.00 Installation of UU feet of 18" corrugated steel pipe $ 350.00 Installation of 38i* feet of 16" r^oncrete field tile by tiling machine wrapped in fibreglass $ 960.00 Construction of 1 - 2' X 2' concrete catch basin with welded grate $ 200.00 Construction of 8 - 2' X 2' concrete catch basins ditch inlet type with welded grates $ 2,000.00 Construction of 2 - 2' X 2' concrete junction boxes $ U50.CC Installation of U5 feet of 10" and 3o feet of 8" corrugated steel pipe as catch ba£*in leads $ 550,00 Excavating edge of road and disposing of $ 1,000.00 materials Stripping and replacing sods and topsoil on bank at cutlet Supply and placement of UOO cu . yds. of gravel Estnblishr.cnt and operation of detour $ 200, ,00 $ 1,600, ,00 $ 150, ,00 13 vi) Young Street Branch Construction of 10 Gabion Baskets (6' X 3' X 2' each) and 5 Gabion Baskets (6' X 3' X 3' each) including baskets, stone and installation $ 1,000.00 Installation of 20 feet of 54" corrugated steel pipe with grills $ 100.00 Installation of 2,333 feet of U2" concrete sewer pipe with rubber gaskets including SSI feet of radius pipe $ 2«»,670.00 Construction of 8 - 6' X 6' concrete catch basins («♦ with ditch inlet lifts and welded grates, 3 with cast iron grates and l with vertical grate) 0 8,200.00 Construction of 2 - 2' X 2' concrete catch basins di"ch inlet type with concrete aprons $ 500.00 Installation of 5 feet of 10", 15 feet of 18", 70 feet of 12", 5C faet of 8", 20 feet of 12" and 20 feet of 8" corrugated steel pipe as catch basin leads and drrin connections $ 500.00 Construction of 60 bags ( 1 cu. ft. each) of sacked concrete rip-rap at drain outlet $ 120.00 Stripping and replacing sods and topsoil along bank at outlet $ 300.00 Temporary' relocating and replanting of small trees $ UOO.OO Sodding (with commercial nursery sods) existing lawn areas (private lands only) $ 2,700.00 Stripping and/or replacing topsoil $ 1,000.00 Clearing and grubbing including removal from site Fence construction Reconstruction of concrete sidewalk Filling of existing ditches and regrading of lands as noted Asphalt removal and disposal Removal of existing la:ieway culvert Supply and placement of 1,000 cu . yd. of gravel $ 3,500.00 Establishment and operation of detour $ 150.00 $ 200, .00 $ UOO, .00 $ 50, ,00 $ 200, .00 $ 150. .00 $ 50. ,00 $ 3 ,000 .00 $ 6 ,815 .00 $ 5 ,675 .00 $ 600. ,00 $ 650, .00 $ 1, ,000. 00 14 vii ) Mill Side Road Branch Stripping and replacing topsoil $ 1,500.00 Excavation of '♦,000 cu . yd. of existing ground stockpiling and replacement above completed drain Installation of 2,350 feet of 24" concrete field tile by tiling machine Installation of 2,270 feet of* 21" concrete field tile by tiling machine Construction of 2 - 3' X M' <;oncrete catch basins with concrete apron and welded grates Construction of 2 -'2' X 2* concrete catch basins ditch inlet type with welded grates Construct'ion of 1 - 3' X £' concrete catch basin Installation of 10 feet of 10", 28 feet of 21", and 17 feet of 18" corrugr.tcd steel pipe as catch basin leads Installation of 20 feet of 18" tile as catch basin lead Clearing Sub-total Labour and Equipment i) Concrete Field Tile Supply of the following: t.SlO feet of 2U" tile 2,567 feet of 21" tile 1,150 feet of 18" tile 6UU feet of 16" tile 397 feet of 12" tile l,67i* feet of 10" tile $ 26,914.00 il) Concrete Sever Pipe Supply of the following pipe: 1,9»»9 feet of U2" concrete pipe( III R.C.) including 1 elbow section and 1 tee section 15" X •♦2" 381 feet of '♦2" concrete pipe( III R.G.) radius pipe (296 feet 55' radius, 88 feet 100' radius) 338 feet of 36" concrete pipe III M.J. 152 feet of 30" concrete oipe III M.J. 1,154 feet of 27" concrete pipe III M.J. 298 feet of 2U" concrete pipe II M.J. $ 63,170.00 $ 225, .00 $ 40, ,00 $ 50. ,00 $136,250 .00 15 iii) Corrugated Steel Pipe Supply of the following pipe: 20 feet of 5U" corrugated steel pipe, 12 Ga. 2-30 foot lengths of 30" corrugated steel pipe, It Ga. with rodent gates 172 feet of 24" corrugated steel oipe. It Ga. 1-30 foot length of 21" corrugated steel pipe, 16 Ga. 1-21 foot length of 21" corrugated s.teel pipe, 16 Sa. 1 - «»5 foot length of 21" corrugated steel pipe, 16 Ga. 1-28 foot length of 21" corrugated steel pipe, 16 Ga. 1-60 foot length of 18" corrugated steel pipe, 16 Ga. 168 feet of 18" corrugated steel pip® with rodent gate i - 2»» foot length of 18" corrugated steel pipe , 16 Ga. 1-20 foot length of 18" corrugated steel pipe, 16 Ga. 1-17 foot length of 18" corrugated steel pipe, 16 Ga. 1-15 foot length of 18" corrugated steel pipe, 16 Ga, 60 feet of 15" corrugated steel pipe IE Ga. 1-22 foot length of 12" corrugated steel pipe, 16 Ga. 1-35 foot length of 12" corrugated steel pipe, 16 Ga. 1 - 22 foot length of 12" corrugated steel pipe , 16 Ga . 1-20 'foot length of 12" corrugated steel pipe, 16 Ga. 70 feet of 12'' corrugated steel pipe, 16 Ga. U09 feet of 10'" corrugated steel pipe, 16 Ga. perforated and asphalt coated 2-5 foot lengths of 10" corrugated steel pipe, 16 Ga. 1-10 foot length of 10" corrugated steel pipe, 16 Ga. 1-30 foot length of 10" corrugated steel pipe, 16 Ga. 16 1-15 foot length of 10" corrugated steel pipe, 16 Ga. 1 - 5 foot length of 8" corrugated steel pipe, 16 Ga. 2-10 foot lengths of 8" corrugated steel pipe, 16 Ga. 2 - 6 foot lengths of 8" corrugated steel pipe, 16 Ga. 1-16 foot length of 8" corrugated steel pipe, 16 Ca . 1-20 foot length of 8" corrugated steel pipe , 16 Ga . 50 feet of 8" corrugated steel pipe, 16 Ga. 676 feet of 8" corrugated steel pipe, 16 Ga. perforated and asphalt coated $ 7 ,590 .00 Sub-total Materials $ 97,674.00 Allowances under Section 8 of the Drainage Act, R.S.O, , 1970 $ 11.200.00 Survey, Plan, and Report $ 8,530.00 Assistance and Expenses $ 3, 645. CO Clerk's Fees $ 2,000.00 By-laws $ 1,600.00 Contingencies $ 5,720.00 Supervision 6 Final Inspection $ 8,000.00 Total Estimated Cost $274,619.00 Repairs or improvements rendered necessar.y to any road culvert or bridge by the performance of this work shall be nc.de by and at the expense of the road authority responsible for the structure. After completion, this drain shall be maintained by the Township of East Zorra-Tavistook at the expense of all lands and roads assessed in the schedule of assessment and in the same relative proportions, until .such time as the assessment is changed under the Drainage Act, R.S.O. , 1970. The existing Hall, Yeo (south of the county road) and Thonas Drains shall hereafter be considered as private drains and the maintenance of such shall be at the discretion of the affected landowner. 17 The existing Joe Sim Drain is herein incorporated as part of the Inncrklp Drainage Works , therebjr consolidatinf^ the remaining drainage works in the built up portion of Innerkip with this proposed works. In accordance with section 15(2) of the Drainage Act, R.S.O., 1970. I have made an allowance in the assessments to the owners of lands affected by the Joe f.im Drain for their prior outlet assessment of that drainage works. The future maintenance of the Joe Sim Drain shall be at the expense of all lands and roads assessed in the schedule of assessment herein and in the same relative proportions until such time as the assessment is changed under the Drainage Act, R.S.O. 1970. Should additional and future drainage works, constructed under the Drainage Act, R.S.O. , 1970, be required along any lands or roads in the built-up portions including all lands covered by a registered plan of the village of Innerkip if defined to be in the watershed of this report, I recommend that all lands assessed in the schedule of assessment to this report except for lands considered to be agriculture at the time of the future report be assessed for the costs of such further, works except for special assessments for benefit to the affec+ed lands and roads in the new report (s). Any outlet assessment against an affected local road (s) shall be distri- buted, amonpst all Jocal T'^^ds assessed herein (excluding county Toadz ) . It shall be the full responsibility of any affected owner to relocate or replant any legal survey bars affected by the con- •truction of this drainage works. If requested, the engineer will reference any bar that he is made aware of, prior to construction, to possibly facilitate the owners replanting of same. Respectfully submitted. 0Jkii^ K. A. Smart, P. Eng, KAS:cjn 18 SCHEDl' LE or ASSES 5MENT IHNERKI P DRAINAGE WORKS TOWNSHIP OF EAST ZORRA -TAVISTOCK AS PBD-RATED TO REFLECT REVISIONS MADE BY THE aXJRT Job No. 7367 FehrU'-rv 26, 1975 OF REVISION AND CON. or APPROX. ACRES BY THE COUNTY R.P. NO. LOT AFFECTED OWNER BENEUT OUTLET TOTAL QQUKT *16 Hl/2 10 1.0 Mac Ross S US. 00 S 15.00 45.27 16 PtEPt 11 0.5 E. t S. Bond $ U5.00 5 US. 00 45.27 16 PtEPt 11 0.5 R. f. C. Breen S 15.00 S UD.OO 45.27 16 PtEPt 11 1.5 V. t R. Jeanson $ 135.00 S 135.00 135.82 *16 El/2 El/2 11 23.0 Francis Yeo Est. 5 1,035.00 S 1,035.00 1,041.31 *lt SEPt 12 11.0 E. Taylor $ 630.00 $ 630.00 633.84 *16 NEl/U 12 15.0 A. Werkema $ 67 5.00 S 675.00 679.11 *16 SEl/1 13 13.0 J. Felton $ 585.00 $ 585.00 588.57 *16 NEl/1 13 1.0 W. Vant Klaphek S "5.00 S 15. CO 45.27 *17 WPt 10 16.0 Francis Yeo Est. $ 2,120.00 $ 2,226.00 S 1,316.00 4,372.52 *17 PtNPt £ J. £ L. PtSPt 11 87.0 Matika $23,710.00 $ 6,368.00 $30,078.00 30,261.51 *17 NEPt 11 36.0- J. £ E. Vink $ 1,620.00 $ 1,620.00 1,629.88 *17 Sl/2 12 55.0 Wm. Chesney £ Sons $ 2,175.00 $ 2,175.00 2,490.10 *17 Nl/2 12 60.0 V. Turkington $ 2,700.00 $ 2,700.00 2,716.47 *17 Wl/2 13 67.0 J. Yao S 3,015.00 $ 3,015.00 3,033.40 17 PtWl/2 13 0.25 J. Yeo $ 23.00 S 23.00 23.15 *17 Wl/2 11 11.0 Harold Smith $ 195.00 $ 195.00 498.02 Village of Innerkip Coleman Street w/s C. £ B. Millar 17 Pt 10 0.35 $ 280. .00 $ 71, ,00 S 351 .00 353, .14 17 Pt 10 0.35 Juno Goff $ 280. ,00 $ 71, ,00 $ 351 .00 353. .14 R.P. 1071 U2 s.s Oxford Cty. Board of Education S 820, .00 s 359, ,00 s 1,179 .00 1,186, ,19 Coleman Street C/S R.P. 35 5 0, ,25 S. Harwood $ 780, .00 $ 51 .00 s 331 .00 333.02 R.P. 35 6 0, ,75 E. M.igon,Est. 0 280, ,00 $ 51 .00 s 331 .00 333.02 R.r. R,P. 35 35 7 8 r, . 0. ,75 ,25 C. t J. Versteeg C. Macon $ s 780, 200, ,00 ,00 51 51 ,00 .00 S 331 311 .00 .00 333.02 333.02 R.F. 35 0 C 10 0, . 50 United Church 0* Canada 5 280. .00 s 101 .00 s 331 ,00 383.32 R.P. 35 WPt 11 0. .15 T. Siemiornik S 780, ,00 s 30, ,00 $ 310. ,00 311.89 R.P. 35 12 0. .25 J. Jacques $ 280, ,00 $ 51, ,00 $ 331, ,00 333.02 R.P. 35 13 0. .75 I. Moyer $ 280. ,00 $ 51, ,00 $ 331, ,00 333.02 R.P. 35 :■> 0. .25 M. Hildcrley $ 290. ,00 s 51, ,00 S 3.31. .00 333.02 R.P. 35 15 £ 16 0. .50 Bell Canada S 280. ,00 $ 101, ,0il s 31)1. ,00 333.02 R.P. 35 WPts 17.18,19 0, ,15 W. Hamilton $ 280. .00 $ 91, ,00 s 37 1, .00 . 373.26 R.P. 35 20 0. ,25 B . £S. Stewart s 200, ,00- s 51, .00 5 331, .00 333.02 R.P. 35 21 0. ,25 D.£J.Mikitish $ 260, ,00 s 51. .00 $ 3.11. .00 333.02 R.P. 35 22 0, .35 R.tV. Pago $ 280. ,00 s 51, .00 $ 331, .00 333.02 R.r. 35 Pt23 Sl/2 21 0. ,35 R. Hilderlcy $ 280, .00 $ 71. ,00 $ 3t.l, .00 353.14 R.P. 55 Pts 21 £25 0. ,35 H. Curtis $ 280. ,00- s 61, .00 s 311. 00 343.08 R.P. 35 26SPt 27 0. ,10 G. Y€o $ 280. 00 $ 51. 00 $ 331. 00 333.02 19 CON. or APPBOX. ACRES R.P. NO. LOT AtTECTED OWNER BENEFIT OUTLET TOTAL AS PRO-RATED R.r. 35 NPt 27t28 0.30 G . f, R.Arnott $ 280,00 $ 31.00 5 311.00 312.90 R.r.?i*l Pts 1£2 0.30 Oxfodd Cty. Bcird of Education S 210,00 t 21.00 S 231,00 232.41 R.P.2'»1 Pt2.3 C 0,35 F. Saunders S lUO.OO S "41.00 S 181.00 182.10 R.P.2U1 SPt^.S 0.»<5 r. Running S 280.00 S 91.00 S 371.00 373.26 Blandford Street West Side 17 PtWl/2 9 0.10 H, Husscy S 280 .00 * 20, .00 $ 300 ,00 301.83 17 PtWl/2 9 0.50 L. Kading $ 2B0 .00 s 101 ,C0 s 381 ,00 383.32 17 PtWl/2 9 . t 10 •4.2 Villacu of )nncrkip S 200, ,00 s 3'47, .00 s 627, .00 630.83 P.P. 35 2 0.25 J. Watson 5 280 .00 s 'J} , .00 c 3J1, ,00 333.02 I< . P . 35 3,i4,CPt5 0.50 R.r. J. Eaton $ 280, ,00 i 101; .00 s 381. .00 383.32 R.P. 35 El/2 5 0.10 R, &J . Eaton S 260, .00 s 20-, .00 V 300, .00 301.83 R.P. 35 6.W1/2 5 0."»0 P, Bright s 280, .00 s 81, .00 5 361, ,00 363,20 R.P. 35 Sl/2 7 • 0.10 Kasonic Lodg^ eS 280, .00 s 20, .00 2 300, .00 301,83 R.P. 35 PtNl/2 -7 0.10 H. Curtis $ 280, ,00 $ 20, ,00 $ 300, .00. 301.83 R.P. 35 e.NWl/U 7 C.30 J. Long S 280, ,00 s 61, ,0C s 3'il, .00 343.08 R.P, 35 9 0.23 V. PlggOTt s 280. ,00 $ 51, .00 s 331, .00 333.02 R.P. 35 10 0,2i R, Poxza s 280. .00 s 51. ,00 s 331, .00 333.02 R.P. 35 11 0.25 G. Thoir.pson s 280, .00 s- 51. ,00 s 331, .00 333.02 R.P. 35 12 C.25 F. Lock $ 280. ,00 s 51. ,00 i 331, .00 333.02 R.P. 35 13 0.25 W.tA. Burton $ 280. ,00 $ 51. ,00 V 331, .00 333.02 R.P, 35 m 0.25 G.tL.Erb $ 280, ,00 s 51, ,00 s 331, .00 333.02 R.P. 35 15 0.25 J.eC.Stadden s 280. ,00 $ 51, ,00 s 331. .00 333.02 R.P. 35 16 0,25 W. Gamble s 280. .00 $ 51, ,00 s 351. .30 333.02 R.P, 35 17,18, EPti7 ,18 Coleman 19 0,80 rear E. Carter s 280. .00 $ 162. .00 $ ■4 442. .00 444.70- R.P, 35 19 0,25 R.tE. Hancnburg $ 280 .00 5 51 .00 $ 331 .CO 333.02 R,P, 35 20,31/2 21 0,35 J. Jankau^kas $ 280 .00 $ 71 ,00 $ 351 .00 353.14 R,P. 35 Nl/2 21,22 0.35 H. Malcolm $ 280 ,00 s 71 .00 $ 351 .00 353,14 R.P, 35 23 0.25 D.CD. Schaefer s 280, .00 $ 51, .00 $ 331 .00 333.02 R,P. 35 2H 0,25 R. Hurray s 280, ,00 s Ul .00 s 321. .00 322.96 R.P. 35 25 0,25 H. Curtis s 280 .00 s 31 .00 s 311, .00 312.90 R.P, 35 26 0.25 D.es. Wettlaufor s 280, .00 s 31 .00 s 311, .00 312.90 R.P, 35 27 0.25 H.tR. Carter s 280, .00 s 31, .00 •J 311, .00 312,90 R.P, 35 28 0.25 H. Hall $ 280, .00 5 31, .00 5 311, .00 312.90 R,P, 214: I 1 t 2 0.6 0 J , tC ,Kreuccr $ 280, .00 s .7?. .00 s 352, , oc 354.15 R.P.. 2«J L 3,SPt H 0.3 r. Saundors s 280. 00 s "41. 00 s 321. 00 322.96 R.P. 2m 5NPr M 0.'4 5 L.f.L. Stevenson s 280. .00 s 91. 00 s 371. 00 373.26 17 E R.P. 35 PtEl/2 11 Pt:;3C, 37 2.00 Knechtol Killing Ltd. S 7 85. 00 0 ■4 0 f, . 00 5 1 ,191, Ob 1,198,27 17 Ptri/2 11 0.25 n.A.Poat $ 210, 00 c 51. 00 c 2C1, 00 262.59 20 CON. or F.P. NO. APPROX.ACRr LOT AFFECTED OWNER BENEFIT 3UTL ET TOTAL AS PRO-RAIED Flandf ord 'Jtreet E/S 17 Pt 9 0.10 W. £ C. Hancnburg s luo .00 $ 20 .00 $ 160 .00 160.98 P.P. BO 12, Pt Xi 0. 10 J.Chcsney 5 luo .00 s 20 .00 $ 160 .00 160.98 P.P. 80 9,10, Ptll 0.15 D. Carter S lltO .00 5 30 .00 $ 170 .00 171.04 P.P. 80 7 £ 8 0.15 A. Ccirter S lUO .00 s 30 .00 $ 170 .00 171.04 P.P. 80 6 0. 10 E.SB.Pushie S lUO .00 .$ 20 .00 $ 150 .00 160.98 P.P. 80 5 0.10 I. Lock S mo .00 $ 20 .00 $ 160 .00 160.98 P.P. 80 3, H 0.15 G. Pallister S IMO' .00 $ 30 .00 s 170 .00 171.04 P.P. 80 2 0.10 L. £ J. Vanderwal s lUO .00 $ 20 .00 f^ l6o .00 160.98 R.P. 80 Pt 1 0.10 J. Long s lUO .00 $ 20 .00 $ 160 .00 160.98 P.P. Pt 1 0.20 tl . Hurr.iy $ 280 .00 s 11 .00 s 321 .00 322.96 R.?. Pt 1 0.30 W £ M. Gillespie $ 280 .00 s 61 .00 $ 3'»1 .00 343. C8 P.P. 7 0.30 H. r,killings $ 280 .00 $ 61, .00 s 3'*1 .00 34K08 P.P. 3 0.25 .'", . Bean s 280 .00 $ 51, ,00 s 331 .00 353.02 R.P. H 0.50 I. £ W. Remington s 280 .00 $ 101, ,00 5 381 .00 383.32 R.P. S 1/2 5 0.25 H. Curtis $ 280, .00 $ 51, .00 $ 331 .00 333.02 R.P. N 1/2 5 0.25 Hilderleys Garap.e Ltd. $ 280, .00 s 51, ,00 s 331, ,00 333.02 P.P. S 1/2 e 0.30 J. £ M. Hilderley s 280. CO s 61. 00 J 3U1, ,00 343.08 R.P. V 1/2 6 0.25 C. £ C. VplGCCi $ 280. 00 $ 51. 00 $ 331. 00 333.02 R.P. Pt 7 0.15 Major Farm Equln. $ 280. ,00 $ 30. 00 $ 310. 00 311.89 R.P. Pt 7 0.15 E .Townscnd $ 280. ,00 $ 30. 00 $ 310. 00 311.89 R.r. s Pt e 1 O.'tO J. Watson $ 280. ,00 s 81. 00 $ 361. 00 363.20 P.P. H Pt 8 1 0.35 M. Pelton s 280, ,00 s 71. 00 s 351. 00 353.14 R.P. 9 t 10 1.1 Pr.Tsbyteri.in Church of Can. $ ?flO. 00 s 20fi. 00 5 xse. 00 488.97 R.P. 11 0.25 E. Callan $ 280. ,00 $ 51. 00 s 331. 00 333.02 R.P. 12 0.25 J. Walton $ 280. 00 s 51. 00 s 331. 00 333.02 R.P. Pt 13 0.10 Township of E. ?.orr.i $ ?80. 00 J 20. 0(1 5 300. 00 301.83 R.P. Ptsl3, m n.15 W.f.i:. Hurray $ 2HC1. 00 5 .10. 0 0 s 310. 00 311.89 R.P. 15, 16 0. 50 G. £B .Chesnoy s 230. on o 101. 00 $ 381. 00 383.32 R.P. 17 Sl/2 18 0.35 G.£B. Feton s 281. 00 s 71. 00 $ 351, 00 353.14 R.P. N 1/2 18 0.15 R.£J.Krafft 5 280. 00 s 30. 00 $ 310. 00 311.89 R.P. 19 £ 20 0.35 G. Rowe S 280. 00 s 51. 00 $ 331. 00 333.02 R.P. 21 t 2 2 0.50 E. Sim $ 280. 00 J 81. 00 5 301. 00 363.20 R.P. 23, 2U Pt 25 £ 0.65 H.Caldecott $ 330, .00 $ 132, ,00 $ U62, ,30 464.82 R.P. Pt 25626 0.35 Lena Brown $ 780, ,00 s 71, ,00 s 851. .00 856.19 R.P. Pt 26C27 0.25 D.CB.E.ltom $ 280, ,00 $ 51, ,00 5 331. ,00 333.02 R.P. 28 0.25 G. Snarey $ 280, ,00 $ 51, ,00 5 331. .00 333.02 R.P. e 0.60 N. Currah s 280, ,00 $ 122. 00 s U02. ,00 404.45 R.P. Pt A 0.2S R.Caldecott $ 210. ,00 $ 51. ,00 s 261, ,00 262.59 Queen Street W/S R.P. Ill Pt 29 0.10 S.tL.Addlcy $ 210.00 S 20.00 $ 230.00 231.40 H.P. Ill 30,31, J. £ T. 32,33 1.00 M.njor $ 280.00 $ 203.00 S HJ3.00 485.95 R.P. Ill 3i»,35,36 0.75 M.Racz S 1,020.00 S 152^00 S 1,172.00 1,179.15 R.P. Ill 37,38,39 0.65 W . JJ . LenhardtS 380.00 $ 122.00 $ 502.00 505.06 R.P. Ill MO, 11,1(2 0.60 G.Piggott S 280.00 S 82.00 $ 362.00 364.21 R.P. Ill K3 0.25 r.£G.Birtch $ 280.00 S 51.00 $ 331.00 333.02 21 COH. P.P. or APPROX. ACRES NO. LOT AFFECTED OWNER BENEFIT OUTLET TOTAL AS PBD-RATED R.P. 111 UK 0.25 G. £ M. Cos terveld 3 2fl0.00, S 51. ,00 s 331. ,00 333.02 R.P. 111 U5. U6 0.50 J.eV.Rlddell 5 280.00 S 101. 00 s 3C1. ,00 383.32 R.P. 111 17 , U8 t EPt A 0.70 H. S H. Rowe S 280.00 $ i:i2. 00 s '♦22. 00 424.57 R.P. 111 t9 0.25 P. Sheppard $ 310.00 $ 51. 00 s 3G1. 00 363.20 R.P. 111 50. 51 0.55 P. Sheppard S 380.00 S 112. 00 2 i»02. 00 495.00 R.r. 111 S2.NPt53 0. 30 E. Sin S 280.00 S 51. 00 s SHI. 00 343.08 R.?. 111 S Pt 53 0.20 J. Prcw S 28 0.00 S ■♦l. 00 $ 321. ■•jO 322.96 R.P. 111 5i89. 00 s >t,757. CO 4,786.02 17 e R.P. 111 Pt 10 6 Pt93 S 91 0.5 J. e J. Thompson $ 210. 00 $ 101. 00 $ 311 00 312.90 Young Street N/S 92 0.5 G.6R. Shields $ 280, ,00 $ 101.00 $ 381.00 383.32 R .P. 111 Pt 92 0.5 A . £D. Thomson S 280, ,00 s 101.00 s 381.00 383.32 R, ,P. 111 Pt 92 0.35 D .£ .L. Foster $ 280, ,00 $ 71.00 $ 351.00 353.14 R, .P. 111 Pt 89-92 -93 0.25 E. CS.Braun $ 280, ,00 s 51.00 s 331.00 333.02 R, ,P. 111 Pt 92 0.25 J.JC. 333.02 Rutherford $ 280, ,00 $ 51.00 S 331.00 R. .P. 111 Pt 93 0.25 F.tE.Chesney 5 280, ,00 S 51.00 S 331.00 333.02 R, P. 111 93 0.2 5 J. 6S. Hague S 280, ,00 s 51.00 s 331.00 333.02 R. ,P . 111 Pt 93 0.25 S. tC .Dykstra $ 280. ,00 s 51.00 s 331.00 333.02 R. p , 111 Pt 93 £ 17 5Pt 10 0.25 T. Thompson $ lUO. 00 $ 51.00 $ 191.00 192.18 Total Assessment on Lands s:o: ;. ,202 '.Oi- S38,1R3.00 5143,465.00 ' $137,543.6'. Coleman Street 3.0 Township of East Zorra $ 3,125.00 0 r,. 900. on $ 10,025.00 $10,086.17 niandford Street 5.5 County of Oxford S 30,330.00 $ 'J, '120.00 $ '(7, 750. 00 $48,041.34 '^ueen Street 3.0 Tcwnship of East Zorra S «,71U.0n S 6,900.00 S 11 ,61ii . 00, $ 11/684.86 James Street 2.0 Township of East Zorra S 850.00 S 2,300.00 S 3,150.00 S 3,169.22 George Street 0.25Township of East Zorra S 750.00 S 575.00 S 1,325.00 $ 1,333.08 Main Street 2.0 Township of East Zorra S 3,750.00 S U, 600. 00 S 0,350.00 5 8,400.95 Burton Street C.COTownship of East Zorra S 2,300.00 $ 1,150.00 S 3,^50.00 $ 3,471.05 Vincent Street O.SOTownship of East Zorra $ 1,150.00 S 1,150.00 S 1,157.02 24 Day Street 1.0 Township of East Zorra S 2,300.00 $ 2,300.00 5 2,314.03 Briar Drive 1.5 Tow.Tship of Zast Zorra S 500.00 S 3,it50.00 $ 3,950.00 5 3,974.1C Thanes Ave. 1.25Township of East Zorra S 500.00 S 2,875.00 $ 3,375.00 S 3,395.59 Balsam Street 2.0 Township of East Zorra $ 10,525.00 S U, 600. 00 S 15,125.00 $15,217.28 Stratford Street 0.5 Township of East Zorra S 1,150.00 S 1,150.00 $ 1,157.02 Young Street 2.0 Towrship of East Zorra S 5,000.00 S M, 600. 00 S 9,600.'j0 $ 9,658.57 County Rd . 33 7.5 County of Oxford 5 3,100.00 $ 9,681.00 S 12,761.00 $12,858.98 Hill Street 0.25Township of East Zorra $ 575.00 $ 575.00 $ 578.51 Road Cons. Township of 16 e 17 8.5 East Zorra $ 765.00 $ 765.00 $ 769.67 Total Assessment on Roads S 73,'t'4'*.00 562,991.00 $136,435.00 $137,267.44 Total Assessment on Innorkip Drainage Works $279,900.00 Revision by Court tjf Revisicm (280.00; Revision by County Court ^^^s'ooi'oo $274,619.00 NOTE: ALL LANDS WITH THE EXCEPTION OF THOSE NOTED WITH AN ASTERISK ARE CLASSIFIED AS NON-AGRICULTURAL 25 SPECIAL PROVISIONS FOR INNERKIP DRAINAGE WORKS S.P.I. Applicable Specifications The General Conditions, Open Drain, Tile Drain and Storm Drains and Appurtenances sections of the Specifications for Construction of Municipal Drainage Works, February 1974 hereinafter referred to as the Specifications shall apply to the construction of this drain except where superseded by these Special Provisions or by notes on the attached drawings. S.P.2. Tender Tenders to be entitled to consideration must be made on the form provided therefore and shall be enclosed in a sealed opaque envelope which shall be addressed to : Corporation of the Township of East Zorra-Tavistock c/o Mr. J. Killing, Clerk-Treasurer HICKSON. Ontario and shall be endorsed "Tender for Innerkip Drainage Works". The Township reserves the right to reject all or any tenders received. Prices for each item as required must be legible. The Tender must be signed by an officer of the company, designating his position and executed with the company seal. In the case of an individual trading as a company, the signature of the person signing the Tender must be witnessed. All of the blanks in the Tender Form shall be filled in. An extra copy of the Form of Tender is included for the contractor's own records. Tenders that are incomplete, conditional, illegible, obscure, or that contain additions not called for, reservations, erasures, errors, alterations or irregularities of any kind or are not properly signed may be rejected as informal. The tender shall be accompanied by a security in the amount equal to ten per cent (10%) of the amount of the tender. Security may be either cash, negotiable government bonds, or a certified cheque. Tender security shall be made payable to the Owner. S.P.3. Examination of the Site For the information of all tenderers and at a time to be indicated on the Tender advertisement and forms, but prior to the closing of tenders, test holes will be dug on the site by the municipality. No additional payment will be allowed for additional work resulting from unfavourable soil conditions other than solid rock excavation with the exception of the costs of supplying and installing rubber gaskets along the affected lengths of pipe. This supersedes the provisions of Section S.21. paragraph 3 and T.IO. S.P.4. Roadway Crossings Applicable sections of the Specifications, eg. G.13., D.IO., T.12. and S.3.3. are superseded in that all work along or across roadways are to be governed by the Typical Sections and notes, etc. on the attached drawings. Asphalt roadway surfaces shall be reconstructed by the authority having jurisdiction over the affected road. 26 S.P.5. Tests The township shall be responsible for the costs involved in testing only pipe or tile materials and if tests are requested no more than 3 lengths of any or each size of pipe or tile will be submitted for testing, unless in the opinion of the engineer, faulty materials are involved and additional tests are warranted. S.P.6. Backfilling of Trenches Section S.3.2. of the Specifications shall be supplemented and superseded in part by the notes and details on the drawings of this Contract. S.P.7. Catch Basins, Manholes and Appurtenances Sections S.10.3. to S.10.7. inclusive of the Specifications are superseded in that all applicable products of Oaks Precast Industries Ltd. (or equals) may be substituted for those specified. Also welded frames and grates, if approved by the Engineer, may be substituted for the cast-iron frames and grates in those locations described on the drawings. S.P.8. Private Drain Connections Private drain connections will not be required except where necessary to replace an existing connection into an existing drain herein being replaced, damaged or cut off. Where required, the construction of Private Drain Connections, shall be in accordance with the general note on the drawings and the payment for each will be, including joints, on a lump sum basis as established on this Tender form. If lengths in excess of 25 feet are required for any connection, that amount of the connection in excess of 25 feet will be paid on a time and materials basis. Saddles rather than tees or the use of well constructed and grouted simple insertions into the pipe may be used for making the connection if approved by the engineer. Connections described to be made by the drawings will not be paid under this category as the tender provides for such connections. Note that the drawings call for rigid materials on granular bedding with cemented joints for all connections. S.P.9. Solid Rock Excavation Should solid rock be encountered and normal trench excavation methods are not capable of removing the rock the contractor will be reimbursed on a time and materials basis for the costs in excavating the rock plus for his net loss of production due to time lost during rock excavation. The method of removing solid rock, if encountered, must be approved by the engineer and all unit costs in doing such work must be approved by the engineer prior to commencement of operations. S.P.IO. Restoration Section S.14. of the Specifications is superseded in that all lawn areas on private lands disturbed or damaged by construction must be fully restored to an original condition. The trench backfill must be sufficiently compacted to reduce future settlement and shall be covered over with 6" of approved topsoil; and then shall be levelled, graded and covered with approved nursery sods (Merion or Kentucky Blue Grass or equal) by an approved landscape sub-contractor or equal if approved by the Engineer. All field areas if disturbed shall have the topsoil stripped back and then replaced upon completion of construction. All garden areas shall have a minimum of 12 inches of topsoil placed over areas disturbed by construction. All customarily travelled areas (lanes or roads) shall be re-surfaced with 12 inches of pit-run gravel base (Granular 'B') with maximum stone size of 4" and 6" of crushed gravel surface (Granular 'A') except where noted differently on the drawings. All granular shall be compacted in place using equipment described in the drawings. 27 Gravel shoulders shall be restored with 6" of compacted crushed gravel (Granular 'A'). All shrubs, plants, ornamental trees, clothes-line poles, etc., if necessary to move shall be temporarily relocated during construction and shall be replaced in their original location during restoration. Grass-seed mixture used must be equal to commercial lawn seeds and must be approved by the engineer in advance. S.P.I 1. Gabion Structures The Gabion baskets used shall be "Heavily Galvanized Gabions-River Type" as available from Maccaferri Gabions of Canada Ltd. All wire used for binding shall be as supplied by the Manufacturer (0.086" diameter). Assembly Upon delivery each bundle shall be opened and each unit unfolded. The sides, ends, and diaphragms are to be lifted into vertical position and the four comers are to be wired together and the diaphragm edges to the gabion sides. Installation Level the base where the gabions will be placed to a smooth finish and the right elevation. Wire each unit securely to the adjacent units along the top and vertical edges prior to placing stone. Stretch gabions before filling if necessary. Filling Use a 3" to 8" durable hard stone as supplied by Forwell's of Kitchener or equal. Choice of equipment, front end loader, gradall or backhoe etc. is up to the contractor but voids are to be kept to a minimum. Hand placement will be necessary at times. For the 36" deep gabions only, the baskets are to be filled in 1 foot lifts and between each lift connecting wires are to be placed in both directions between opposite sides and looped around two meshes at each end. After filling is complete, the top is to be folded shut and wired to the ends, side and diaphragm. Empty baskets placed on top of a completed row must be wired to the filled gabions at front and back. S.P.12. Sacked Concrete Rip- Rap Protection A sacked concrete protection shall be built around the drain outlet as indicated on the drawings. Burlap bags containing a volume of one (1) cubic foot of concrete when filled shall be used and shall be hand placed. Dry concrete is not permitted. S.P.13. Winter Work If any work is started and not fully completed prior to winter or frost, all areas partially or fully affected by the construction shall be temporarily or fully restored in accordance with the specifications and drawings of this contract with the exception that no sodding will be required until the following spring. However, final restoration will have to be attended to as soon as conditions permit during the ensuing year. All temporary and final restoration will be at the contractors expense. Particular attention must be given to the prevention of ponded surface waters, of interference with snow plowing operations, of soft or muddy laneways and roadways and of damage to any materials used or to be used on the project if work ceases due to winter conditions. No additional payment will be provided on account of increases in costs of materials or labour over, or resulting from the winter period. If construction on formerly paved roadways is not completed in time to allow the authority to resurface the road, the 28 contractor of this contract will be required to scarify, regrade and compact the upper portions in the following spring. The maintenance of all roads, over the winter period shall be the road authority's responsibility however. S.P.14. Extra Work Section G.7. of the General Conditions is partially superseded in that if the con- tractor undertakes extra work as directed by the engineer he will be paid in accordance with the unit price for such work evident from the tender forms if applicable or alter- natively if such unit price is not evident, he will be paid on a time and materials basis. In case of time and materials work the contractor will be allowed a further 17% of the total cost for his involvement. Such allowance shall be compensation in full for manage- ment, overhead, profit, etc. If the quantity of any items in the tender form changes by more than 10% from the estimated amount a re-negotiated unit price may be used if mutually agreed by the engineer and the contractor. As well if the quantity increases by more than 10% the contractor shall be entitled to the allowance of 17% on the quantities in excess of the 10% amount. T. TILE DRAIN T.l. Tile The Contractor is to state the type and manufacturer of the tile which he proposes to use and is to be prepared to submit alternative prices for concrete or clay tile in the sizes available, if required. Standard clay drain tile shall meet all A.S.T.M. specifications, as set out in Designation C4-62 and Designation C498 with the exception of the Absorption Factor and the Freeze and Thaw Test. Extra quality drain tile and heavy duty drain tile shall meet all specifi- cations as set out in Designation C4-62 and Designation C498. Concrete drain tile shall meet all A.S.T.M. specifications as set out in Designation C412 with the exception that the nominal length of drain tile 5 to 12 inches diameter inclusive shall not be less than 12 inches and that tile of 12 to 24 inches in diameter inclusive shall have nominal lengths not less than the diameters. Where any of the above referred to standards are amended or superseded, such amendments or revisions shall apply. T.2. Stakes Stakes are set along the course of the drain at intervals of 100 feet. Bench marks have been established, which are to govern the elevations of the drain. The location and elevations of the bench marks are given on the plan and profile drawings. The Contractor will ensure that the stakes are not disturbed unless approval is obtained from the Engineer. T.3. Line The drain shall run in as straight a line as possible throughout its length, except that at intersections of other water courses or at sharp corners, it shall run on a curve of at least 50 foot radius. The new tile drain shall be constructed at an offset from and parallel with any ditch or defined watercourse in order that fresh backfill in the trench will not be eroded by the flow of surface water. The Contractor shall exercise care not to disturb any existing tile drain or drains which parallel the course of the new drain, particularly where the new and the existing tile act together to provide the necessary capacity. Where any such existing tile is disturbed or damaged the Contractor shall perform the necessary correction or repair at his expense. 29 T.4. Laying The tile is to be laid with close joints and in regular grade and alignment in accordance with the plan and profile drawings. The Contractor is to erect cross-arm sights and use a boning rod in the laying of the tile. The tiles are to be bevelled, if necessary, to ensure close joints. Rather than bevelling the tile on sharp bends, the Contractor may wrap the wide joints with a 6" wide band of 15 pound felt building paper. The inside of the tile is to be kept clear when laid. Where soil conditions warrant, the Engineer may require that the tile be wrapped with a fibreglass wrapping such as Tile Guard Felt, manufactured by Globe Glass Saturaters or approved equal. Any such work shall be considered as an extra to the contract. The Contractor shall submit with his tender the extra cost for wrapping the tiles, if required. The sides of the tile are to be supported by partial filling of the trench prior to inspection by the Engineer. The remainder of the excavated material shall be used to restore and maintain the natural surface of the ground. No tile shall be backfilled until inspected by the Commissioner or Engineer unless directed otherwise by the Engineer. The tile shall be backfilled such that a sufficient mound of backfill is placed over the trench to ensure that no depression remains after settling occurs in the backfill. T.5. Lowering of Surface Grades Where required, the Contractor shall strip off the top layer of earth in order that the tiling machine may trench to the correct depths. His tender price shall include the cost of stripping the topsoil, bulldozing of subsoil to depth required and subsequent replacing of subsoil and topsoil. T.6. Tributary Drains Any tributary tile encountered in the course of the drain is to be carefully taken up by the Contractor and placed clear of the excavated earth. If the tributary tile drains encountered are clean or reasonably clean, they shall be connected into the new drain. Where existing drains are full of sediment, the decision to connect or not to connect to the new drain shall be left to the Engineer or Commissioner. The Contractor shall be paid for each tributary drain hook-up as outlined in the tender form. Where the Contractor is re- quested by the Engineer or Commissioner to hook up an existing tile which is not encountered in the course of the drain, the cost of such work shall constitute an extra and the basis of payment shall be determined by the Engineer or Commissioner subject to the provisions of Section G.7. The method and materials proposed for the connection are to be approved by the Commissioner or Engineer. T.7. Outlet Protection Corrugated metal pipe shall be used to protect the tile at its outlet. The joint between the metal pipe and the field tile shall be sealed with mortar. A sacked concrete protection, unless otherwise specified, shall be built around the corrugated pipe and extended down- stream a minimum distance of three feet. The protection shall extend to the top of the backfilled trench and below the pipe to 12' under the streambed. The protection shall also extend 2 feet into undisturbed soil on either side of the backfilled trench. Where the outlet occurs at the end of the open ditch the above sacked concrete rip-rap protection will extend all around the end of the ditch and to a point 3' downstream on either side. Where heavy overflow is likely to occur, sufficient additional rip-rap shall be placed as directed by the Engineer to prevent the water cutting around the protection. A concrete structure may be required to protect against heavy overflow if so indicated on the drawings 30 in the report. The corrugated metal pipe shall have a hinged metal grate on the outlet end to prevent the entry of small animals. Maximum spacing between bars shall be two inches. T.8. Catchbasins Catchbasins shall be constructed, using a minimum 3,000 p. si. concrete with inside dimensions 2 feet square, walls and floors 6 inches thick and the bottom 18 inches below the invert of the tile or the catchbasins may be constructed of a 2 foot diameter concrete sewer pipe placed on a 6 inch slab of concrete. The catchbasin top shall be a substantial iron grate, easily removable for cleaning. Precast catchbasins and manholes may be used if prior approval is given by the Engineer. Minimum wall thickness permitted for catchbasins without reinforcement is 6" and with reinforcement is 4", provided that either is acceptable to the road authority. Where a catchbasin is located on a road allowance, the type of catchbasin and grate to be used and its proposed elevation shall be approved by the Eng- ineer, or the Road Superintendent. Catchbasins may be offset from the drain, where practical and shall have 8 inch concrete tile or metal pipe leads. Catchbasin leads shall have a minimum of 24 inches of cover. Catchbasins located on highways shall be the M.T.C. type Standard DD-702 or the M.T.C. precast type Standard DD-711. The catchbasin top shall be the M.T.C. Standard DD-706. (If required, contact the engineer for the applicable standards.) Standard DD-716-A shall apply for ditch-inlet catchbasins. All catchbasins located on Highways, County Roads and Township roads shall be backfilled with porous backfill placed to a minimum thickness of one (1) foot on all sides. The backfill material shall be satisfactorily tamped. If settling occurs after construction, the Contractor shall supply and place sufficient granular material to maintain the back- fill level flush with adjacent ground as part of the contract. Where rip-rap protection is called for at any catchbasin location, the rip-rap shall be sacked concrete and shall extend a minimum distance of 12" away from the outer edge of each side of the catchbasin, and shall be placed so that the finished surface of the rip-rap is flush with the existing ground. Unless otherwise noted the tops of all standard catchbasins shall be 6" above adjacent normal ground levels. T.9. Brush, Trees, Debris, Etc. The contract is to include the removal of all excavation of whatever nature, disposal of materials, removal and cutting of all brush, supplying of all labour and completing the whole work in accordance with the plan, profile and this specification. Any trees, necessarily removed, are to be brushed and left for the owner of the property on which they are found. All brush, limbs, etc. are to be put in piles by the Contractor and left for disposal by the owner. Where, in the opinion of the Engineer the drain or proposed location of the drain is heavily overgrown with small trees and brush, the Contractor may use a bulldozer or other such equipment to clear a minimum width of 100 feet. The resulting debris shall be placed where directed by the Engineer and left for disposal by the owner. Where roots may interfere with the new drain all such roots shall be grubbed and placed in a pile convenient for disposal by the owner. No additional payment will be made for such work. T.IO. Quicksand The Contractor shall immediately contact the Engineer or Commissioner if quicksand is encountered. The Engineer or Commissioner shall direct the Contractor to lay the tile on plank or to construct a temporary open drain to lower the water table, or to lay the tile on a crushed stone mat, or to take such other action as may appear to be necessary. The basis of payment for such extra work shall be determined by the Engineer or Commissioner. 31 Til. Rock The Contractor shall immediately contact the Engineer or Commissioner if boulders of sufficient size and number are encountered such that the Contractor cannot continue trenching with a tiling machine. The Engineer or Commissioner may direct the Contractor to use some other method of excavating to install the drain. The basis of payment for such extra work shall be determined by the Engineer or Commissioner. T.12. Roads On any road crossing the contractor may use original ground as backfill to within 24 inches of finished grade only if adequate compaction is obtained and if the use of original ground backfill has been approved beforehand by the affected road authority. When imported backfill is used, the excavated ground being replaced shall be disposed of within the right-of-way as directed by the road authority. If it is necessary to haul any material to another site additional payment will be allowed. For further specifications for roadway crossings refer to specification G.13. T.13 Junction Boxes Junction Boxes shall be constructed of concrete mixed one part cement to five parts clean pit run gravel. The sides, bottom and top shall be four inches (4") thick. The inside dimensions of the box shall be a minimum of one foot by one foot wide and one foot high but in no instance shall they be less than four inches larger than the diameter of the largest tile being connected. T.14. Recommended Practice for Construction of Subsurface Drainage Systems The report of the Ontario Farm Drainage Association, Construction Standards Committee, of January 1972, and its amendments, dealing with the construction of Subsurface Drainage Systems, Sections 4 to 12 inclusive, shall be the guide to all methods and materials to be used in the construction of tile drains except where superseded by other specifications of this contract. Co > H O Si. o < tNO CD l-^ S) 3 cr -i 5^ 1— ' 1' H o O > •-1 3 H r^ < a> o o BILL Pr29 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of East Zorra- Tavistock Mr. Eaton {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr29 1977 An Act respecting the Township of East Zorra-Tavistock WHEREAS The Corporation of the Township of East Preamble Zorra-Tavistock, herein called the Corporation, hereby represents that the council of the Corporation passed By-law 27-75 authorizing the construction of a drainage works known as the Innerkip Drainage Works and authorizing the debenturing of certain sums required to pay for the said drainage works and authorizing the Corporation to assess, levy and collect the amount of special rates set forth as a schedule of assessment contained in an engineer's report pre- pared pursuant to The Drainage Act, being chapter 136 of the Revised Statutes of Ontario, 1970, as revised by a Court of Revision, and further revised by His Honour Judge Dick, of the County Court of the County of Oxford; that the council of the Corporation passed the said by-law pursuant to the provisions of The Drainage Act, but not in strict compliance therewith ; that the said by-law was not amended to carry out the revisions made to the said schedule of assessment by the Court of Revision and by the judge of the County Court ; and further that the said by-law contained an error in that it authorized the Corporation to issue deben- tures instead of The Corporation of the County of Oxford; that the Corporation proceeded to apply to the Ontario Municipal Board to authorize the issuance of the said deben- tures in the sum of $120,200 but that the Corporation pro- ceeded with the said drainage works without first obtaining the approval of the Ontario Municipal Board; and whereas the applicant hereby applies for special legislation validating the said by-law, and amending the said by-law ; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Notwithstanding The Drainage Act, being chapter 136 ^y-i^w^27-75, of the Revised Statutes of Ontario, 1970, The Drainage Act, ratified 1975, c. 79 R.S.0. 1970, c. 323 1974, c. 57 1975 or section 65 of The Ontario Municipal Board Act, and subject to section 91 of The County of Oxford Act, 1974, By-law 27-75 of the Corporation, as amended by this Act and set out in Schedule A hereto, finally passed by the council of the Corporation on the 18th day of May, 1977, authorizing construction of the Innerkip Drainage Works and authorizing the issuance of debentures to provide funds otherwise not provided for and providing for the assessment, levy and collection of the special rates set out in the aforesaid engineer's report, as revised by a Court of Revision and further revised by the judge of the County Court of the County of Oxford and set out as Schedule B hereto, is hereby declared to be valid, in full force and effect and binding upon the Corporation and its respective ratepayers in accord- ance with the provisions thereof. By-law 27-75, amended R.S.0. 1970, c. 323, ss. 55, 56 not to apply to By-law 27-75 Order of O.M.B. deemed issued Payment to Innerkip Ratepayers Association Inc. 2. Section 2 of By-law 27-75 of the Corporation is amended by striking out the expression "may issue debentures of the Corporation" where that expression occurs and inserting in lieu thereof "The Corporation of the County of Oxford may issue debentures on behalf of the Corporation". 3. Sections 55 and 56 of The Ontario Municipal Board Act do not apply with respect to By-law 27-75 of the Corporation. 4. For the purposes of every Act, the Ontario Municipal Board shall be deemed to have issued an Order under section 64 of The Ontario Municipal Board Act authorizing the con- struction of the Innerkip Drainage Works referred to in section 1 and authorizing The Corporation of the County of Oxford to issue the debentures mentioned in section 1. 5. Notwithstanding any general or special Act, the Cor- poration shall pay the sum of $3,000 to the Innerkip Rate- payers Association Inc. "^J 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 Township of East Zorra-Tavistock Act, 1977. SCHEDULE A THL CORPORATION OF Till: TOWNSHIP OF LAST ZORRA - TAVISTOCK COUMTY OF OXFORD BY-LAU' iJO. 27-75 INIJLRKIP DRAIHAGE WORKS A By-law to provide for a Drainage Work in the Township of East Zorra-Tavistock in the County of Oxford and for borrowing on the credit of the flunicipality the sum of Two hundred and seventy four thousand, .six hundred nineteen dollars ($274,619.00) being the amount necessary for completing the drainage work. V7HEREAS Council has received a petition of the Road Superintendent for improvement of drainage of road allowances in Innerkip AND WHEREAS Council has appointed an Engineer under Section 53 of the Drainage Act R.S.O. 1970, for the better use of the Hall, Joe Sim, Yeo and Thomas Drains as affecting the Village of Innerkip being the following lands Con 16, Pt. Lots 10-13; Con. 17, Pt. Lots 9-14; Reg. Plan 1071, Lot3 1-42; Reg. Plan 35, Lots 2-28,36 & 37; Reg. Plan 241, Lots 1-5; Reg. Plan 80, Lots 1-12; Reg. Plan 111, Lots 1-138 & Block"A"; Reg. Plan 59, Block "A"; Coleman St., Bland- ford St., Queen St., James St., George St., Main St., Burton St., Vincent St., Day St., Briar Drive, Thames Ave., Balsam St., Stratford St., Cty Rd., #33, Hill St., Con. Rd. 16 & 17, Young St. AND VJHEREAS the Council of the Township of East Zorra-Tavistock procured a report made hy Ken A. Smart, P.Eng., 13 Spetz Street, Kitchener, Ontario and tho report is as previously circulated; AMD WHEREAS the Council is of the opinion that the drainage of the area is desirable: THEREFORE the Council of the Township of East Zorra-Tavistock pursuant to the Drainage Act 1970, enacts as follows: 1. The report is hereby adopted and the drainage v/ork as herein indicated and set forth is authorized and shall be completed in accordance therewith. 2. The Corporation of the Township of East Zorra-Tavistock may borrow on the Credit of the Corporation, the sum of: Two hundred and seventy four thousand, six hundred nineteen dollars (274,619.00) /eing the funds necessary for the drainage works not otherwise provided for; provided that such sums shall be reduced by the amount of grants u commuted payments with respect to the lands and roads assessed, and may issue debentures of the Corporation to that amount in sums of not less than $50.00 each, and payable witliin five (5) years from the date of such debentures with interest at the prevailing rates at the time construction of the drain is completed. 3. The payments shall be assessed, levied and collected in the same manner and at the same time as other taxes are levied and collected upon and from the parcels or part of parcel, herein mentioned and the amount of tdtal special rates and interest against each parcel or part of parcel respectively shall be divided into five (5) equal parts and one such part shall be assessed, levied and colloctod as aforesaid in each year far five (5) years, after the passing of this by-la\; during which the debentures have to run . 4. All sums of money of $25.00 or under arc payable by cash only. 5. That this by-law be printed and a copy mailed to each ratepayer in the watershed. 6. That this by-law comes into force on the final passing thereof, and in«iy be cited as the Inncrkip Drainage Works By-law. REi'.D a first and second time this 2eth. day of May, 1975. READ a third time and finally passed this 1 2 day of fCify 197^. J-V. Killij^g, Cler^Treasurer Harold VOGT, (Mayor) NOTICE NOTICE is hereby given that the Drainage COURT OF REVISION will be held in the TOWNSHIP HALL, Hickson, Ontario on "odnesday, June 25th., 1975 at 1:15 p.m. to hear and conEider any complaints which nay be made under the foregoing by-law over which the said Court has jurisdiction. All appeals to be in writing and be in the Clerk's Office on or before Friday, June 13th., 1975 at 4:30 p.m. AND further I'Jctice is hereby given that anyone intending to appeal to have the by-law quashed, must not later than ten (10) days after the final passing thereof, serve a notice in writing upon tlie Clerk of the Hunicip- ality of his intention to make application for tliat purpose to the Referee, during the tlircc months after the final passing of the said by-law . John V. Killing, Clerk-Treasurer, ', ' ; . Township of East Zorra-Tavistock, \f^.--~'.' :> Hickson, Ontario Certified a true copy-of^^y-law #r27 '<^^J^' SCHEDULE B INNERKIP DRAINAGE WORKS TOWNSHIP OF EAST ZORRA-TAVISTOCK Engineer's Report, amended to reflect revisions of a Court of Revision and of His Honour Judge Dick, in the County Court of the County of Oxford, in a Judgment dated the 4th day of November, 1976. Kltch«n«r, Ontario February 26 , 197 5 INMERKIP DRAINAGE WORKS TOWNSHIP OF EAST ZORRA-TAVISTOCK To the Mayor and Council of the Tovrnshlp of East Zorra-Tavistock Gentlemen : I am pleased to present my report on the construction of the Innerklp Drainage Works. This drainage works involves the reconstruction, improvement to, consolidation of and/or extension of the Yeo , Thomas, Hall and Joe Sim Drains presently serving parts of the Police Village of Innerkip plus other lands in Lots 9 to lU, Concessions 16 and 17 in the Township of East Zorra- Tavistock. As well new branch drains are involved to better serve the affected lands and roads. This report was prepared in accordance with instructions received from your Clerk with respect to a motion of the Township Council, said Council being responsible for both the maintenance anu reconstruction of existing municipal drains and for obtaining improved road drainage. The attached plan, profile, and detail Drawings No.'s 1 to D, Job No. 7367, specifications and the instructions to tendoi-ers form part of this report. They show and describe in detail the location and extent of the work to be done and the lands which are affected. Very few records exist of the Thomas, Yeo and Hall (and Gillespie Drain -upstream of the Hall Drain) but the drawings numbered 1 and 2 show the ap^^roximate locations of same. The Thomas Drain runs generally easterly from near the intersection of Stratford' and Blandford Streets within Innerkip to a catch basin on the east side of Queen Street at which point waters being carried by the drain are allowed to find an outlet in the limestone which underlies the majority of the village at a relatively shallow depth. The Yeo Drain commences in Lot 12, Concession 16 and runs generally southerly and easterly to a point in Lot 10, Concession 17 where, similar to the Thomas Drain, the conveyed waters find an outlet in the limestone strata. (The Gillespie Drain commences in the wcdt pare of Lot 13, Concession 17 and runs generally south- easterly tc an outlet in the Hall Drain in the south-east corner of Lot 11, Concession 17,) The Joe Sim Drain the most recent of the drainage works serving the affected lands was constructed in 196U and lies along Young Street from Coleman Street east to •ast of Quec-. Street. The Hall Drain runs"*southeasterly through built up portlonr. of Innerkip, providing an outlet for the Joe Sim Drain near Young Street and continuing on in a southeasterly direction to an outlet in the Thames River. I have made an examination of the drainage systems in the affected areas and have found many problems either directly or indirectly related to the functioning of the systems. I found that the Hall and Thomas drains were sized to serve primarily rural Icinds (and at a level of service below that required by recent design) and are not capable cf providing the expected drainage outlet for all adjacent and tributary lands. As a result, there are occasions during any year when adjacent lands and roads are submerged with water. Tributary lands to these drains can not get an adequate outlet .and as a result some areas remain undrained thereby adversely affecting the performance of sanitary waste dis- posal systems. Also the performance of the local roads is reduced by the lack of a drainage outlet. Because of the lack of drainage as described and because of the outletting of two drains (Yeo and Thomas) into reck strata potential sources of problems with water supply systems which originate in the limestone are created. Areas that could be developed for residential or other land uses are faced in many cases with either no outlet or else with an undersized outlet traversing the lands that could be developed. It is therefore my recommendation that a new drainage system for the village of Innerkip and tributary lands be constructed to eliminate or reduce the above problems . My proposed drainage scheme involves the construction of the following systems. Firstly, I recommend that a new drain, the Young Street and Mill Side Road Branches, be constructed from the point where the Yeo Drain intersects the north limits of the Mill Sidfe Road (Co. Rd. 33), that it run easterly along but north of the north limits of the County Road to an intersection with the Hall Drain, from this point generally following the route of the Hall Drain to Young Street and from here run along the south side of Young Street to an outlet in the Thames River. This drain would provide an improved outlet for the Yeo and Gillespie Drains serving agricultural lands to the north, would provide an outlet for future residential lands north of the Mill Side Road and along Young Street, would create an adequate sized drain through this part of Innerkip to reduce flooding along the path of the existing Hall Drain and 8 would provide the required outlet for any other existing or proposed drains required to serve existing residential lands including the Joe Siir. Drain. The second drainage system I recommend to be con- structed commences at the rock outlet of the Yeo Drain (the Balsam, Blandford, Burton Street and James Street Branches) in Lot 10, Concession 17 , runs easterly to Burton Street , along Burton Street to Blandford Street (Co.Rd. 4), north a] ong Blandford Street to Balsam Street and east along Balsam Street to an outlet in the Thames River. There would be three extensions to this drain. The first is proposed south along Blandford Street to the corner of George Street, the second, west along Balsam Street from Blandford Street to Coleman Street and then south along Coleman Street to Briar Drive and the third involves a branch to the south along the unopened James Street up to the rock outlet of the Thomas Drain together with a short extension further south on James Street. This drain and extensions thereto would eliminate the emptying of the Yeo and Thomas Drains into the rock, would provide an outlet to residential lands west of Blandford Street presently lacking such, would reduce or eliminate the flooding of lands east of Bland- ford Street, would relieve and also provide an outlet for the Thomas Drain, would provide an outlet for future residential lands on both sides of Balsam Street , and would provide an improved outlet for the lands of and adjacent to the public school. The remaining system, I recommend, to be constructed, the Main Street Branch, involves a drain along Main Street from the intersection with the unopened James Street easterly to an outlet in the Thames River. This branch will reduce existing outlet problems along Main Street, provide a potential outlet for a small acreage of devel- opable lands immediately adjacent to Main Street and will also serve to Intercept shallow ground water movement , affecting lands in the village in this area. The proposed work, therefore, consists of approximately 17 ,U02 lineal feet of cloded drain including approximately 10, 942 lineal feet of 10 to 24 inch diameter concrete field tile, U,275 lineal feet of 24" to 42" concrete sewer pipe and 2,185 lineal feet of 8" to 54" corrugated steel pipe and 56 concrete catch basins, manholes and junction boxes. In accordance with Section 8 of the Drainage Act, R.S.O., 1970, I determine the allowances payable to owners entitled thereto as follows: R.P. or ALLOWANCE FOR CON. LOT OWNER LAKDS AND CROPS Young Street 6 Mill Side Road Branches 17 Pt 10 T. Thompson $ 290.00 R.P. Ill Pt 93 C. Dykstra $ 40.00 R.P or ALLOWANCES FOR CON LOT OWNER LANDS AND CROPS 17 Pt 10 J. t J. Thompson $ 105.00 R.P LI Lts 9U - 96 R. S J. Eaton $ 970.00 R.P LI 97 N. Brooks $ 115.00 R.P 82,83,91 T. Mclntyre $ 530.00 R.P 37 W. 6 J. Lenhardt $ 250.00 R.P 35 6 36 M, Racz $ 870.00 R.P Pt 25 H. Caldecott $ UO.OO R.P 26 Lena Brown $ 820.00 R.P 35 Pts 36 6 37 Kn dchtel Milling Co. $ U60.00 17 PtSPt 11 J. 6 L. Matika $ 2 ,890.00 Balsam Street Branch 17 6 R.P. II] C Pt LO 6 135 J. 6 J. Jonker R.P. II] [ 130 , 13U C. Matheson R.P. II] [ 103 , lOU H. hatheson R.P. II] [ 75 B. 6 J. Mclntyre R.P. II] [ 129 , 137 C. Matheson R.P. II] [ 105 , 106 H. Matheson $ 670 00 $ 190 00 $ 100 00 $ 50 00 $ 150 00 $ 100 00 Main Street Branch 17 Pt 10 J. 6 J. Jonker 235.00 Burton Street Branch 17 PtWPt 10 Francis Yeo Est. $ 1,150.00 James Street Branches R.P. Ill 62-6U 115-117 Pts 121, 122-12U S 126 C. Matheson R.P. Ill 70, 109-114 127-129 136 e 137 C. Matheson R.P. Ill 65 R. 6 V. Hild^rley Total Allowances $ 85.00 $ 1,030.00 $ 60.00 $11,200. 00 Total Allowances under Section 8 of thu Drainage Act, n.S.O., 1970 $ 11,200.00 10 I havo made an estimate of the cost of the proposed work which is outlined i\\ detail as follows: LABOUR AND EQUIPMENT i) Balsam Street Branch Construction of 20 Gabion Baskets (6' X 3' X 3' each) including baskets, stone and installation $ 1,500.00 Installation of 2 - 30" steel pipe culverts with gates at tile outlets $ 250.00 Installation of 2,160 feet of 2'4'' concrete field tile by tiling machine $ S.UOO.OO Installation of 172 feet of 2U" corrugated steel pipe $1,200.00 Installation of 338 feet of 36" concrete sewer pipe (no gaskets) $ U, 200. 00 Installation of su feet of 21" corrugated steel pipe $ 200.00 Installation of 297 feet of 21" concrete field tile by tiling machine 760.00 Installation of i+5 feet of 21", 60 feet of 18" and 60 feet of 15" corrugated steel pipe across roadways $ 880.00 Installation of 64 feet of 18" concrete field tile by tiling machine $ 225.00 Installation of 260 feet of 15" concrete field tile by tiling machine $ U95.00 Construction of 7 - 3' X U' concrete catch basins with welded grates and concrete aprons $ 2,100.00 Construction of 2 - 6* X 6' concrete catch basins with cast iron grates $ 2,000.00 Construction of 2 - 2' X 2' concrete catch basins with welded grates and concrete aprons $ UOO.OO Construction of 3 - 2' X 2' concrete catch basins with cast iron grates and concrete aprons $ 900.00 Installation of 15 feet of 8" corrugated steel pipe as catch basin loads $ 110.00 S'trippi'ng and replacing topsoil and trenching for tiling machine along Balsam Street East and Coleman Street $ 750.00 $ 300, .00 $ 150. .00 $ 3,000, .00 $ 300, .00 $ 150, ,00 11 Seeding grassed areas Asphalt removal and disposal Supply and placement of approximately 850 cu . yd. of gravel Paving of existing asphalt lane Establishment and operation of detour ii) Blandford Street Branch Installation of 152 feet of 30" concrete sewer pipe (no gaskets) $ 1,800.00 Installation of 1,154 feet of 27" concrete sewer pipe (no gaskets) $ ll.USC.OO Installation of 298 feet of 2'*" concrete sewer pipe (no gaskets) $ 3,000.00 Installation of 676 feet of 8" corrugated steel pipe (perforated) (by tiling machine) $ 1,250.00 Construction of 5 - 60" dia. precast concrete catch basins with cast iron grates S 4,500.00 Construction of 3 - 2 ', X 2 ' concrete catch basins ditch inlet type with welded grates , one to have a concrete apron $ 700.00 Construction of 2 - 2' X 2' concrete catch basins with cast iron grates $ 700.00 Installation of 5 feet of 10", 22 feet of 12", 22 feet of 12" and 35 feet of 12" corrugated steel pipe as catch basin leads 0 340.00 Removal and disposal of existing asphalt pavement $ 1,500. ot) Sidewalk reconstruction $ 300.00 Supply and placement of approximately 1,700 cu . yd. of gravel $ 6,000.00 Establishment and operation of detour $ 300.00 ill) Burton Street Branch Installation of -409 feet of 10" corrugated steel pipe by tiling machine (perforated) $ 820.00 Installation of 1,180 feet of 10" farm tile by tiling machine $ 1,770.00 Construction of 1 - 2' X 2' concrete c&tch basin with welded grate $ 800, .00 $ 100, ,00 $ 300. .00 $ 100, .00 $ 350, .00 12 1 - 2' X 2* concrete catch basin with c=ist iron grate and 1 - 2' X 2* concrete catch basin ditch inlet type with sacked concrete rip-rap protection Trenching for tiling machine Paving of existing asphalt lane Regrr.ding of erroded areas Supply and placement of 100 cu . yd. of gravel iv) Jcunes Street Branches: Deleted by decision of His Honour Judge Dick. v) Main Street Branch Construction of 9 Gabion Baskets (6' X 3' X 1.5' each) including baskets, stone ard installation $ 800.00 Installation of 168 feet of 18" corrugated steel pipe with gate $ 1,000.00 Installation of 626 feet of 18" concrete field tile by tiling machine wrapped in fiberglass Installation of >(U feet of 18" corrugated steel pipe Installation of 38U feet of 16" f^oncrete field tile by tiling machine wrapped in fibreglass Construction of 1 - 2' X 2' concrete catch basin with welded grate Construction of 8 - 2' X 2' concrete catch basins ditch inlet type with welded grates Construction of 2 - 2' X 2' concrete junction boxes Installation of tS feet of 10" and 3o feet of 8" corrugated steel pipe as ca*ch basin leads Excavating edge of road and disposing of materials Stripping and replacing sods and topsoil on bank at cutlet $ 200.00 Supply and placement of UOO cu . yds. of gravel $ 1,600.00 Establishr.cnt and operation of detour $ 150.00 $ 1 ,565. .00 $ 350, .00 $ 960, .00 $ 200, .00 $ 2 ,000, .00 $ 450. ,00 $ 550. ,00 $ 1 ,000. 00 13 vi) Young Street Branch Construction of 10 Gabion Baskets (6' X 3' X 2' each) and 5 Gabion Baskets (6* X 3' X 3' each) including baskets, stone and installation $ 1,000.00 Inistallation of 20 feet of 54" corrugated steel pipe with grills $ 400.00 Installation of 2,333 feet of U2" concrete sewer pipe with rubber gaskets including 384 feet of radius pipe $ 24,670.00 Construction of S - 6' X 6' concrete catch basins (4 with ditch inlet lifts and welded grates, 3 with cast iron grates and 1 with vertical grate) $ 8,200.00 Construction of 2 - 2' X 2' concrete catch basins di"ch inlet type with concrete aprons $ 500.00 Installation of 5 feet of 10", 15 feet of 18", 70 feet of 12", 5C faet of 8", 20 feet of 12" anl 20 feet of 8" corrugated steel pipe as catch basin leads and drrin connections $ 500.00 Construction of 60 bags ( 1 cu. ft. each) of sacked concrete rip-rap at drain outlet $ 120.00 Stripping and replacing sods and topsoil along bank at outlet $ 300.00 Temporary ' relocating and replanting of small trees $ 400.00 Sodding (with commercial nursery sods) existing lawn areas (private lands only) $ 2,700.00 Stripping and/or replacing topsoil $ 1,000.00 Clearing and grubbing including removal from site $ 200.00 Fence construction $ 400.00 Reconstruction of concrete sidewalk $ 50.00 Filling of existing ditches and regrading of lands as noted $ 200.00 Asphalt removal and disposal $ 150.00 Removal of existing laneway culvert $ 50.00 Supply and placement of 1,000 cu . yd. of gravel $ 3,500.00 Establishment and operation of detour $ 150.00 $ 3 ,000 .00 $ 6 ,815 .00 $ 5 ,675 .00 $ 600. ,00 $ 650. 00 $ 1, ,000. 00 14 vii) Hill Side Road Branch Stripping and replacing topsoil $ 1,500.00 Excavation of U.OOO cu . yd. of existing ground stockpiling and replacement above completed drain Installation of 2,350 feet of 24" concrete field tile by tiling machine Installation of 2,270 feet of 21" concrete field tile by tiling r:iachine Construction of 2 - 3 ' X M ' concrete catch basins with concrete apron and welded grates Construction of 2 - 2' X 2' concrete catch basins ditch inlet type with welded grates Construct'ion of 1 - 3 ' X e ' concrete catch basin Installation of 10 feet of 10", 28 feet of 21", and 17 feet of 18" corrug?.tcd steel pipe as catch basin leads Installation of 20 feet of 18" tile as catch basin lead Clearing Sub-total Labour and Equipment I) Concrete Field Tile Supply of the following: »t,510 feet of 2«*" tilo 2,567 feet of 21" tile 1,150 feet of 18" tile 6«»«t feet of 16" tile 3<57 feet of 12" tile 1,674 feet of 10" tile $ 26,914.00 ii) Concrete Sewer Pipe Supply of the following pipe: 1,9U9 feet of U2" concrete pipe(III R.C.) including 1 elbow section and 1 tee section 15" X 12" 38U feet of 42" concrete pipe(III R.G.) radius pipe (296 feet 55' radius, 88 feet 100' radius) 338 feet of 35'' concrete pipe HI M.J. 152 feet of 30" concrete oipe III M.J. 1,154 feet of 27" concrete pipe III M.J. 298 feet of 24" concrete pipe II M.J. $ 63,170.00 $ 225, ,00 $ 40, .00 $■ 50, ,00 $136,250 .00 15 iii) Corrugated Steel Pipe Supply of the following pipe: 20 feet of 5U" corrugated steel pipe, 12 Ga. 2-30 foot lengths of 30" corrugated steel pipe, l"* Ga. with rodent gates 172 feet of 24" corrugated steel pipe, lU Ga. 1-30 foot length of 21" corrugated steel pipe, 16 Ga. 1-24 foot length of 21" corrugated £.teel pipe, 16 Ga. 1-45 foot length of 21" corrugated steel pipe, 16 Ga. 1-28 foot length of 21" corrugated steel pipe , 16 Ga. 1-60 foot length of 18" corrugated steel pipe, 16 Ga. 168 feet of 18" corrugated steel pipe with rodent gate 1-24 foot length of 18'' corrugated steel pipe, 16 Ga. 1 - 2T foot length of 18" corrugated steel pipe, 16 Ga. 1-17 foot length of 18" corrugated steel pipe, 16 Ga. 1-15 foot length of 18" corrugated steel pipe, 16 Ga. 50 feet of 15" corrugated steel pipe IE Ga. 1-22 foot length of 12" corrugated steel pipe, 16 Ga. 1-35 foot length of 12" corrugated steel pipe, 16 Ga. 1 - 22 foot length of 12" corrugated steel pipe, 16 Ga. 1-20 'foot length of 12" corrupated steel pipe, 16 Ga. 70 feet of 12" corrugated steel pipe, 16 Ga. 409 feet of 10" corrugated steel pipe, 15 Ga. perforated and asphalt coated 2-5 foot lengths of 10" corrugated steel pipe, 16 Ga. 1-10 foot length of 10" corrugated steel pipe, 16 Ga. 1-30 foot length of 10" corrugated steel pipe , 16 Ga. 16 1-15 foot length of 10" corrugated steel pipe, 16 Ga. 1 - 5 foot length of 8" corrugated steel pipe, 16 Ga. 2-10 foot lengths of 8" corrugated steel pipe, 16 Ga. 2 - 6 foot lengths of 8" corrugatr;d steel pipe, 16 Ga. 1-16 foot length of 8" corrugated steel pipe, 15 Ga . 1-20 foot length of 8" corrugated steel pipe , 16 Ga . 50 feet of 8" corrugated steel pipe, 16 Ga. 676 feet of 8" corrugated steel pipe, 16 Ga. perforated and asphalt coated $ 7 ,590 .00 Sub-total Materials $ 97,674.00 Allowances under Section 8 of the Draiinage Act, R.S.O. , 1970 $ 11.200,00 Survey, Plan, and Report $ 8,530.00 Assistance and Expenses $ 3,6'«5.C0 Clerk's Fees $ 2,000.00 By-laws $ 1,600.00 Contingencies $ 5,720.00 Supervision 6 Final Inspection $ 8 ,000 . PC Total Estimated Cost $274,619.00 Repairs or improvements rendered necessar.y to any road culvert or bridge by the performance of this work shall be mido by and at the expense of the road authority responsible for the structure . After completion, this drain shall be maintained by the Township of East Zorra-Tavistock at the expense of all lands and roads assessed in the schedule of assessment and in the same relative proportions, until such time as the assessment is changed under the Drainage Act, R.S.O. , 1970. The existing Hall, Yeo (south of the county road) and Thonas Drains shall hereafter be considered as private drains and the maintenance of such shall be at the discretion of the affected lando>fner . 17 The existing Joe Sim Drain is herein incorporated as part of thft Innerkip Drainage Works, thereby consolidating the remaining drainage works in the built up portion of Innerkip with this proposed works. In accordance with section 15.(2) of the Drainngo Act, R.S.O., 1970. I have made an allowance in the assessments to the owners of lands affected by the Joe f.im Drain for their prior outlet assessment of that drainage works. The future maintenance of the Joe Sim Drain shall be at the expense of all lands and roads assessed in the schedule of assessment herein and in the same relative proportions until such time as the assessment is changed under the Drainage Act, R.S.O. 1970. Should additional and future drainage works, constructed under the Drainage Act, R.S.O. , 1970, be required along any lands or roads in the built-up portions including all lands covered by a registered plan of the village of Innerkip if defined to be in the watershed of this report, I recommend that all lands assessed in the schedule of assessment to this report except for lands considered to be agriculture at the time of the future report be assessed for the costs of such further, works except for special assessments for benefit to the affected lands and roads in the new report (s). Any outlet assessment against an affected local road (s) shall be distri- buted, amongst all local ri^ads assessed herein (excluding county roadj ) . It shall be the full responsibility of any affected owner to relocate or replant any legal survey bars affected by the con- struction of this drainage works. If requested, the engineer will reference any bar that he is made aware of, prior to construction, to possibly facilitate the owners replanting of same. Respectfully submitted. K. A. Smart, P. Eng, KAS:cjn 18 SCHEDULE or ASSESSMENT Job He CON. < IHNE TOWNSHIP 1. 7367 sr APPROX.A )0. LOT AEFECTE RKIP DRAINAGE OF EAST ZORRA CRES WORKS -TAVISTOCK Fehru'iry 26. BENEFIT OUTLET 1975 TOTAL AS TO RET BY OF BY 03 PFD-RATED REFLECT /ISICWS MADE IHE COURT REVISION AND THE COUNTY R.P. ( D OWNER JKT *16 Hl/2 10 1.0 Mac Rcss J ts.oo S us .00 45.27 16 PtEPt 11 0.5 E. £ S. Bond S i»5.00 J U5, .00 45.27 16 PtEPt 11 0.5 R. f. R. Breen s U5.00 s ■iS , .00 45.27 16 PtEPt 11 1.5 V. C R. Jeanson s 135.00 s 135 ,30 135.82 *16 El/2 El/2 11 23.0 Francis Yeo Est. $ 1,035.00 s l'.035, .00 1,041.31 *lt SEPt 12 lU.O E. Taylor $ 630.00 $ 630 .00 633.84 *16 NEl/U 12 15.0 A. Werkema $ 67 5.00 s 675, .00 679.11 «16 SEl/i* 13 13.0 J. Folton $ 585.00 s 585 .00 588.57 *16 NEl/t 13 1.0 W. Vant Klaph ek s U5.00 5 1*5, .CO 45.27 *17 WPt 10 ■♦6.0 Francis Yeo Est. $ 2 ,120. 00 s 2,226.00 S "« ,346, ,00 4,372.52 *17 PtNPt e PtSPt 11 07.0 J. £ L. Matika $23, ,710. 00 $ 6 ,368.00 S30,07B, ,00 30,261.51 *17 NEPt 11 36.0- J. C E. Vink $ 1,620.00 $ 1,620, ,00 1,629.88 *17 Sl/2 12 55.0 Wm. Chesney C Sons $ 2, '♦75. CO $ 2, '♦7 5 , no 2,490.10 *17 Nl/2 12 60.0 V. Turkington $ 2,7 00.00 $ 2,700. ,00 2,716.47 *17 Wl/2 13 67.0 J. y«o s 3,015.00 s 3,015, ,00 3,033.40 17 PtWl/2 13 0.25 J. Yeo $ 23.00 s 23. ,00 23.15 *17 Wl/2 It 11.0 Harold Smith $ U95.00 $ 495, .00 498.02 Village of Innerklp Coleman Street W/S 17 Pt 10 17 Pt 10 R.P. 1071 U2 0.35 Miller $ 280.00 $ 71,00 S 351 .00 0.35 June Goff $ 280.00 $ 71.00 S 351 .00 5.5 Oxford Cty. Board of Education 820.00 3 359.00 $ 1,179.00 353.14 353.14 1,186.19 Coloman Street E/S R.P. 35 5 0, .25 S. Harwood S ?80, .00 $ 51 .00 s 331 .00 333. ,02 R.P. 35 6 0, ,75 E. H.icon,Est. 5 280, .00 s 51 ,00 S 331 .00 333. ,02 R.r. K.P. 35 35 7 8 0 0. .25 ,25 C. t J. Vers t eee C. Ilaeon 5 $ ?80, 200, ,00 ,00 5 51, 51. ,00 ,00 S .T31 111 .00 .00 333. 333. ,02 ,02 R.F. 35 9 t 10 0. .50 United Church oJ Canada $ 280, ,00 s 101, ,00 s 331 .00 383. ,32 R.P. 3 5 WPt 11 0, ,15 T. Siemicrnik S ?80, ,00 s 30. ,00 $ 310, ,00 311. ,89 R.P. 35 12 0, ,25 J. Jacques S 280. ,00 S 51. ,00 5 331, ,00 333. ,02 R.P. 33 13 0. ,25 I. Hoy or s 2b0. ,00 5 51. ,00 s 331, ,00 333. ,02 R.P. 35 I'l 0. .25 M. Hildcrley s 290. ,00 s 51. ,00 $ 3.11. ,00 333. ,02 R.P. 35 15 £ 16 0, ,50 Bell Canada $ 280. ,00 s 101, ,0i) s 301. ,00 333. ,02 R.P. 35 WPts 17,18,19 0, ,"5 W. Hamilton s 280, ,00 s 91. ,00 $ 371. ,00 373. .26 R.P. 35 20 0. ,25 B.£S. Stewart $ 2U0, ,00- $ 51. .00 2 331. ,00 333. .02 R.P. 35 21 0, ,25 D.£J.Mikitish s 280, .00 $ 51, ,00 s 331, ,00 333. ,02 R.P. 35 22 0. ,25 R.£V. Page s 280. ,00 s 51. ,00 $ 331, ,00 333. .02 K.P. 35 Pt:3 Sl/2 2i^ 0. ,35 R. Hllderlcy s 2S0, ,00 $ 71. 00 s 31.1, ,00 353 .14 R.P. 55 Pts 2'* £25 0. ,35 H. Curtis $ 280, ,00- g 61. 00 s 3ill. 00 343. .08 R.P. 35 26SPt 27 0. to G. Yeo 5 280. 00 5 51. 00 $ 331. 00 333. .02 19 CON. , or APPROX. ACRES R.P, NO. LOT AITECTED OWNER BENEFIT OUTLET TOTAL AS PPO-RfiTED R.r, , 35 NPt 27£28 0.30 G.t R.Arnott $ 280.00 $ 31.00 5 311, .00 312.90 R.P. ■ini Pts 1S2 0.30 Oxfodd Cty. Bcird of Education $ 210.00 i 21.00 S 231, .00 233.41 R.P, ,2U1 Pt2.3 £ SPt U SPtU.S 0.35 F. Saunders s lUO.OO $ Ml. 00 S 181. .00 182.10 R.P. ,2m O.MS F. Running 5 280.00 $ 91.00 S 371, ,00 373.26 Bland ford Street West Side 17 PtWl/2 9 0.10 H. Husscy S 280 .00 t 20 .00 s 300 .00 301.83 17 PtWl/2 9 0.50 L. Kadins $ 2H0 .no s 101 .00 s 3S1 .00 383.32 17 PtWl/2 9 £ 10 U.2 Villac.u of Inncrkip S 280 .00 5 3H7 .00 s 627 .00 630.83 I'.P. 35 2 0.25 J. Watson ^ 280 .00 $ 51 .00 c 331 .00 333.02 K.P. 35 3,M ,£Pt5 0.50 R.f.J . Eaton 5 280 .00 0 101 .00 s 381 .00 383.32 R.P. 35 El/2 5 0.10 R. £J . Eaton S 280 .00 s 20 .00 J 300 .00 301.83 R.P. 35 6,Wl/2 5 O.UO P. Bright S 280 .00 s 81 .00 0 361 .00 363.20 R.P. 35 Sl/2 7 0.10 Masonic Lodg eS 280 .00 s 20 .00 s 300 .00 301.83 R.P. 35 PtNl/2 -7 0.10 H. Curtis S 280 .00 s 20, .00 s 300 .00. 301.83 R.P. 35 8 ,NW1/U 7 C.30 J. Long $ 280, .00 s 61, • OC s 3111 .00 343.08 R.P, 35 9 0.25 V. PiggOTt S 280, ,00 s 51 .00 s 331, .00 333.02 R.P. 35 10 0.25 R. PG7.za S 280, .00 $ 51, .00 s 331. .00 333.02 R.P. 35 11 0.25 G. Thompson S 280, ,00 s- 51, .00 s 331, ,00 333.02 R.P. 35 12 C.25 r. Lock s 280, ,00 s 51, .00 i 331, ,00 333.02 R.P. 35 13 0.2 5 W.£A. Burton s 280, ,00 s 51. .00 ^ 331, .00 333.02 R.P. 35 1"* 0,25 G.CL.Erb $ 280, ,00 $ 51, ,00 s 331, .00 333.02 R.P. 35 15 0.25 J.eC.Stadden s 280, ,00 $ 51, .00 $ 331, .00 333.02 R.P. 35 16 0.25 W. Gamble $ 280, .00 $ 51, ,00 s J31, .00 333.02 R.P. 35 17,18, EPti7 ,18 Coleman 19 0.80 rear E. Carter s 280, ,00 s 162. ,00 s UU2, ,00 444.70- R.P. 35 19 0.25 R.£E. Hancnburg s 280 .00 5 51 .CO s 331 .CO 333.02 R.P. 35 20, Sl/2 21 0.35 J. Jankau^kas $ 280 .00 $ 71 .00 d 351 .00 353.14 R.P. 35 Nl/2 21,22 0.35 M.HalcolB S 280 .00 $ 71 .00 $ 351, .00 353.14 R.P. , 35 23 0.25 D.£D. Schaofer s 280, .00 5 51, ,00 $ 331, .00 333.02 R.P. 35 2U 0,25 R. Hurray s 280, ,00 s Ul, ,00 s 321, ,00 322.96 R.P. 35 25 0.25 K. Curtis s 280, ,00 s 31, ,00 s 311, ,00 312.90 R.P. 35 26 0.55 D.tS. Wctt lauf or s 280. .00 s 31, .00 ? 311. 00 312.90 R.P. 35 27 0.25 H.tR. Carter $ 280, ,00 S 31, ,00 ^ 311. 00 312.90 R.P. 35 29 0.25 H. Hall s 280. ,00 $ 31. 00 JJ 311. OC 312.90 R.P. 2M] 11(2 0.6O J . £C .Kreupcr s 280. 00 $ .72. 00 $ 352, OC 354.15 R.P. 214] L 3, SPt 1 0.3 r. Saunders s 280. 00 s ■41. 00 s 321. 00 322.96 R.P. 2"*] . 5NPt U 0.1(5 L.KL. Stevenson s 280. no s 91. 00 s 371. 00 373.26 17 f. R.P. 35 PtEl/2 11 Pt;;3C, 37 C 2.00 Knechtol Killinf; Ltd. $ 785. 00 c fif, . 00 V 1 ,191. 00 1,198.27 17 Ptri/2 11 0.25 n. A. Peat $ 21P, 00 g 51. 00 V 261. 00 262.59 20 CON. or R.P. NO. APPROX.ACRr LOT AFPECTEn OWNER BENEFIT OUT!. ,ET TOTAL AS PH0-Rfl3ED Blandford Utreet E/S 17 Pt 9 0.10 W. 6 C. Hancnburg S lUO .00 s 20 .00 $ 160 .00 160.98 P.P. . BO 12, Pt 11 0.10 J .Chesney 5 luo .00 $ 20 .00 S 160 .00 160.98 P.P. 80 9,10, Ptll . 0.15 D. Carter S luo .00 $ 30 .00 $ 170 .00 171.04 R.P. 80 7 £ 8 0.15 A. Ctirter S l'»0 .00 s 30 .00 $ 170 .00 171.04 R.P. BO 6 0.10 E.6B.Pushie 5 mo .00 .$ 20 .00 $ 160 .00 160.98 R.P. 80 5 0.10 I. Lock $ lUO .00 $ 20 .00 S 160 .00 160.98 R.P. 80 3, U 0.15 G. Pallister $ IMO .00 s 30 .00 S 170 .00 171.04 R.P. 80 2 0.10 L. 6 J. Vanderwal S lUO .00 $ 20 .00 5 160 .00 160.98 R.P. 60 Pt 1 0.10 J. Long s lUO .00 s 20 .00 $ 160 .00 160.98 R.P. 111 Pt 1 0.20 W. Murr.iy s 280 .00 $ m .00 5 321 .00 322.96 R.P. 111 Pt 1 0.30 U 6 H. Gillespie s 280 .00 $ 61 .00 $ 3U1 .00 343. C8 R.P. ill 2 0.30 M. r-killings $ 280 .00 $ 61 .00 S 3U1 .00 343.08 R.P. 111 3 0.25 r. . Bean $ 280 .00 $ 51 .00 s 331 .00 333.02 R.P. 111 >t 0.50 I. 6 W. Remington $ 280 .00 $ 101 .00 S 381 .00 383.32 R.P. 111 S 1/2 5 0.25 H. Curtis s 280 .00 $ 51 .00 $ 331 .00 333.02 R.P. 111 N 1/2 5 0.25 Hi Iderleys Garane Ltd. $ 280, .00 s 51, .00 $ 331, ,00 333.02 R.P. 111 S 1/2 6 0.30 J. 6 H. Hilderley 5 280. CO $ 61. 00 5 SUl, ,00 343.08 R.P. 111 M 1/2 6 0.25 C. 6 C. Vf Iccci S 280. 00 $ 51. ,00 $ 331. 00 333.02 R.P. 111 Pt 7 0.15 Major Farm Equin. S 280. 00 $ 30. 00 $ 310. 00 311.89 R.P. 111 Pt 7 0.15 E.Townscnd $ 280. 00 s 30. 00 s 310. 00 311.89 R.P. 111 S Pt 8 O.'tO J. Watson S 280. 00 s 81. 00 S 361. 00 363.20 P.P. 111 H Pt 8 0.35 M. Pelton $ 280. ,00 s 71. 00 S 351. 00 353.14 R.P. 111 9 t 10 1.1 Ch Prosbytcrinn lurch of Can, s 2flO. 00 s 206. 00 s tee. 00 488.97 R.P. 111 11 0.25 C. Callan $ 281. 00 5 51. 00 $ 331. 00 333.02 R.P. 111 12 0.25 J. Walton $ 2 80. 00 s 51. 00 S 331. 00 333.02 R.P. 111 Pt 13 0.10 Township of n. Zorr.i s 2 80. 00 f. 20. 0 0 5 300. 00 301.83 K.P. 111 rcsi3 .iM 0.15 W.f.l:. Murray s 28m. 00 <■ ,10. 00 i 310. 00 311.89 R.P. 111 15, 16 0. 50 G. 6B .Chesney s 280. 00 i 101. 00 S 381. 00 383.32 R.F. 111 17 Sl/2 18 0.35 G.6E. Faton s 280. 00 $ 71. 00 s 351. 00 353.14 R.P. 111 N 1/2 18 0.15 R.6J.Krafft $ 280. 00 s 30. 00 $ 310. 00 311.89 R.P. 111 19 t 20 0.35 G. Rowe $ 280. 00 s 51. 00 $ 331. 00 333.02 R.P. 111 21 t 22 0.50 C. Sim $ 280. 00 5 81. 00 5 3C1. 00 363.20 R.P. 111 23, 2U t Pt 25 0.65 H.Caldecott s 330. 00 s 132. 00 S U62. 00 464.82 R.P. 111 Pt 25626 0.35 licna Brown $ 780. 00 $ 71. 00 $ 851. 00 856.19 R.P. 111 Pt 26627 0.25 D. 6B.E,ltoiii $ 280. 00 $ 51. 00 s 331. CO 333.02 R.P. 111 28 0.25 G. Snarey $ 280. 00 $ 51. 00 5 331. 00 333.02 R.P. 111 8 0.60 N. Currah s 280. 00 $ 122. 00 $ U02. 00 404.45 R.P. 59 Pt A 0.25 R.Caldecott s 210. 00 $ 51. 00 s 261. 00 262.59 Queen Street W/S R.P. Ill Pt 29 0.10 S.et.Addlcy S 210.00 S 20.00 S 230.00 231.40 H. P. Ill 30 ,31, J. 6 T. 32,33 1.00 Major $ 280.00 $ 203.00 $ 4*3.00 485.95 R.P. Ill 3<4,3S,36 0.75 M.Racz S 1,02Q.00 $ 152^00 S 1,172.00 1,179.15 R.P. Ill 37.39,39 0.6S W . SJ . LenhardtS 380.00 S 122.00 S 502.00 505.06 R.P. Ill ■.0,U1,U2 .-,.60 G.Piggott S 280.00 $ 82.00 S 362.00 364.21 "•P- 111 "3 0.25 r.6G.Birtch S 280.00 S 51.00 S 331.00 333.02 21 CON. R.P. or APPROX. ACRES NO. LOT AFFECTED OWNER BENEFIT ( OUTLET TOTAL AS PBD-RATED ?..?. 111 U« 0.25 G. t M. Oosterveld 3 2fl0.00. s 51. ,00 S 331. ,00 333.02 R.P. 111 «5. UG 0.50 J. tV. Riddel! s 280.00 s 101. 00 S 3C1. ,00 383.32 R.P. 111 47 , U8 £ EPt A 0.70 M. t M. Rove $ 280.00 $ i:i2. 00 S ■♦22. 00 424.57 R.P. 111 U9 0.25 P. Sheppard 9 310.00 s 51. 00 $ 301. 00 363.20 R.P. 111 50, 51 0.55 P. Sheppard s 390.00 s 112. 00 s U92. 00 495.00 R.r. 111 52,NPt53 0. 30 E. Sim $ 280.00 s 61. ,00 s 3tl. 00 343.08 R.?. 111 S Pt 53 0. 20 J. Prow s 280.00 $ tl. 00 $ 321. f;C, 322.96 R.P. 111 SiJ.Pt 55 0.25 D . f. B . Dafoo s 280.00 s SI .00 5 331 .00 333.02 R.P. 111 Pt? 55.56 57 ,50 0.70 Hildorleys Giiragc Ltd. s 280.00 5 lU? .00 $ 122 .00 424.57 Queen Street E/S R.P. Ill 61 0.20 H.£L. Burgess S 280.00 $ HI. 00 $ 321.00 322.96 *R.P. Ill 62-61* 115-117 ,Ptl21 122-12U t 12f. 5.0 C.Mathcson S «», s I' ^ 3 cr i-i <->■ > Si- Si Si s^ O 1' 1' H -^ eh O O BILL Pr29 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Township of East Zorra-Tavistock Mr. Eaton TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr29 1977 An Act respecting the Township of East Zorra-Tavistock WHEREAS The Corporation of the Township of East Preamble Zorra-Tavistock, herein called the Corporation, hereby represents that the council of the Corporation passed By-law 27-75 authorizing the construction of a drainage works known as the Innerkip Drainage Works and authorizing the debenturing of certain sums required to pay for the said drainage works and authorizing the Corporation to assess, levy and collect the amount of special rates set forth as a schedule of assessment contained in an engineer's report pre- pared pursuant to The Drainage Act, being chapter 136 of the Revised Statutes of Ontario, 1970, as revised by a Court of Revision, and further revised by His Honour Judge Dick, of the County Court of the County of Oxford; that the council of the Corporation passed the said by-law pursuant to the provisions of The Drainage Act, but not in strict compliance therewith ; that the said by-law was not amended to carry out the revisions made to the said schedule of assessment by the Court of Revision and by the judge of the County Court ; and further that the said by-law contained an error in that it authorized the Corporation to issue deben- tures instead of The Corporation of the County of Oxford; that the Corporation proceeded to apply to the Ontario Municipal Board to authorize the issuance of the said deben- tures in the sum of $120,200 but that the Corporation pro- ceeded with the said drainage works without first obtaining the approval of the Ontario Municipal Board; and whereas the applicant hereby applies for special legislation validating the said by-law, and amending the said by-law ; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Notwithstanding The Drainage Act, being chapter 136 By-i^w^27-75, of the Revised Statutes of Ontario, 1970, The Drainage Act, ratified 1975, c. 79 R.S.0. 1970, C.323 1974, c. 57 1975 or section 65 of The Ontario Municipal Board Act, and subject to section 91 of The County of Oxford Act, 1974, By-law 27-75 of the Corporation, as amended by this Act and set out in Schedule A hereto, finally passed by the council of the Corporation on the 18th day of May, 1977, authorizing construction of the Innerkip Drainage Works and authorizing the issuance of debentures to provide funds otherwise not provided for and providing for the assessment, levy and collection of the special rates set out in the aforesaid engineer's report, as revised by a Court of Revision and further revised by the judge of the County Court of the County of Oxford and set out as Schedule B hereto, is hereby declared to be valid, in full force and effect and binding upon the Corporation and its respective ratepayers in accord- ance with the provisions thereof. By-law 27-75, amended 2. Section 2 of By-law 27-75 of the Corporation is amended by striking out the expression "may issue debentures of the Corporation" where that expression occurs and inserting in lieu thereof "The Corporation of the County of Oxford may issue debentures on behalf of the Corporation". R.S.0. 1970. c. 323, ss. 55, 56 not to apply to By-law 27-75 Order of O.M.B. deemed issued Payment to Innerkip Ratepayers Association Inc. Commence- ment 3. Sections 55 and 56 of The Ontario Municipal Board Act do not apply with respect to By-law 27-75 of the Corporation. 4. For the purposes of every Act, the Ontario Municipal Board shall be deemed to have issued an Order under section 64 of The Ontario Municipal Board Act authorizing the con- struction of the Innerkip Drainage Works referred to in section 1 and authorizing The Corporation of the County of Oxford to issue the debentures mentioned in section 1. 5. Notwithstanding any general or special Act, the Cor- poration shall pay the sum of $3,000 to the Innerkip Rate- payers Association Inc. 6. This Act comes into force on the day it receives Royal Assent. Short title 7. The short title of this Act is The Township of East Zorra-Tavistock Act, 1977. SCHEDULE A THi: CORPORATION OF 'fill: TOWKSHIP OF U\ST ZORRA - TAVISTOCK COUHTY OF OXFORD BY-LAU' riO. 27-75 INIJtRKlP DRAIIIACE WORKS A By-law to provide for a Drainage Work in the Township of East Zorra-Tavistock in the County of Oxford and for borrowing on the credit of the Municipality the sum of Two hundred and seventy four thousand, six hundred nineteen dollars ($274,619.00) being the amount necessary for completing the drainage work. V7HEREAS Council has received a petition of the Road Superintendent for improvement of drainage of road allowances in Innerkip AND V?HEREAS Council has appointed an Engineer under Section 53 of the Drainage Act R.S.O. 1970, for the better use of the Hall, i'oe Sim, Yeo and Thomas Drains as affecting the Village of Innerkip being the following lands Con 16, Pt. Lots 10.-13; Con. 17, Pt. Lots 9-14; Reg. Plan 1071, Lota 1-42; Reg. Plan 35, Lots 2-28,36 & 37; Reg. Plan 241, Lots 1-5; Reg. Plan 80, Lots 1-12; Reg. Plan 111, Lots 1-138 & Block"A"; Reg. Plan 59, Block "A"; Coleman St., Bland- ford St., Queen St., James St., George St., Main St., Burton St., Vincent St., Day St., Briar Drive, Thames Ave., Balsam St., Stratford St., Cty Rd. , #33, Hill St., Con. Rd. 16 & 17, Young St. AND V7KEREAS the Council of the Township of East Zorra-Tavistock procured a report made by Xen A. Smart, P.Eng., 13 Spetz Street, Kitchener, Ontario and tho report is as previously circulated; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable: THEREFORE the Council of the Township of East Zorra-Tavistock pursuant to the Drainage Act 1970, enacts as follows: 1. The report is hereby adopted and the drainage work as herein indicated and set forth is authorized and shall be completed in accordance therewith. 2. The Corporation of the Township of East Zorra-Tavistock may borrow on the Credit of the Corporation, the sum of: Two hundred and seventy four thousand, six hundred nineteen dollars (274,619.00) /ring the funds necessary for the drainage works not otherwise provided for; provided that such sums shall be reduced by the amount of grants a commuted payments v/ith respect to the lands and roads assessed, and may issue debentures of the Corporation to that amount in sums of not less than $50.00 each, and payable within five (5) years from the date of such dobcnturus with interest at the prevailing rates at the time construction of the drain is completed. 3. The payments shall be assessed, levied and collected in the same manner and at the same time as other taxes are levied and collected upon and from the parcels or part of parcel, herein mentioned and the cimount of tdtal special rates and interest against each parcel or part of parcel respectively shall be divided into five (5) equal parts and one such part shall be assessed, levied and collected as aforesaid in each year far five (5) years, after the passing of this by-la\/ during which the debentures have to run. 4. All sums of money of $25.00 or under arc payable by cash only. 5. That this by-law be printed and a copy mailed to each ratepayer in the watershed. 6. That this by-law comes into force on the final passing thereof, and may be cited as the Inncrkip Drainage Works By-law. READ a first and second time this 2eth. day of May, 1975. READ a third time and finally passed this /2 day of _Mll 197J5. ^^^ J.V. Killij^g, Cler^Treasurer l^'P^t Harold VOGT, (Mayor) NOTICE NOTICE is hereby given that the Drainage COURT OF REVISION will be held in the TOWNSHIP HALL, Ilickson, Ontario on t'odnesday, June 25th., 1975 at 1:15 p.m. to hear and connidcr any complaints which nay be made under the foregoing by-law over which the said Court has jurisdiction. All appeals to be in writing and be in the Clerk's Office on or before Friday, June 13th., 1975 at 4:30 p.m. AND further Notice is hereby given that anyone intending to appeal to have the by-law quashed, must not later than ten (10) days after the final passing thereof, serve a notice in writing upon the Clerk of the Municip- ality of hir. intention to make application for that purpose to the Referee, during the tJirco months after tlic final passing of tlie said by-law . John V. Killing, Clerk-Treasurer, > .,,,'- Township of East Zorra-Tavistock, C .••^ '.■'/. -^ Hickson, Ontario Certified a true copy -of -By-law #r27 y^^' SCHEDULE B INNERKIP DRAINAGE WORKS TOWNSHIP OF EAST ZORRA-TAVISTGCK Engineer's Report, amended to reflect revisions of a Court of Revision and of His Honour Judge Dick, in the County Court of the County of Oxford, in a Judgment dated the 4th day of November, 1976. Kitchener, Ontario February 26 , 197 5 IWMERKIP DRAINAGE WORKS TOWHSHIP or EAST ZORRA-TAVISTOCK To the Mayor and Council of the Tovrnshlp of East Zorra-Tavistock Gentlenen: I am pleased to present my report on the construction of the Innerkip Drainage Works. This drainage works Involves the reconstruction, improvement to, consolidation of and/or extension of the Yeo , Thomas, Hall and Joe Sim Drains presently serving parts of the Police Village of Innerklp plus other lands in Lots 9 to lU, Concessions 16 and 17 in the Township of East Zorra- Tavistock. As well new branch drains are involved to better serve the affected lands and roads. This report was prepared in accordance with instructions received from your Clerk with respect to a motion of the Township Council, said Council being responsible for both the maintenance ami reconstruction of existing municipal drains and for obtaining improved road drainage. The attached plan, profile, and detail Drawings No.'s 1 to 8, Job No. 7367, specifications and the instructions to tenderers form part of this report. They show and describe in detail the location and extent of the work to be done and the lands which are affected. Very few records exist of the Thomas, Yeo and Hall (and Gillespie Drain -upstream of the Hall Drain) but the drawings numbered 1 and 2 show the approximate locations of same. The Thomas Drain runs generally easterly from near the intersection of Stratford and Blandford Streets within Innerklp to a catch baain on the east side of Queen Street at which point waters being carried by the drain are allowed to find an outlet in the limestone which underlies the majority of the village at a relatively shallow depth. The Yeo Drain commences in Lot 12, Concession 16 and runs generally southerly and easterly to a point in Lot 10, Concession 17 where, similar to the Thomas Drain, the conveyed waters find an outlet in the limestone strata. (The Gillespie Drain commences in the wcdt pare of Lot 13, Concession 17 and runs generally south- easterly tc an outlet in the Hall Drain in the south-east corner of Lot 11, Concession 17.) The Joe Sim Drain the most recent of the drainage works serving the affected lands was constructed in 196U and lies along Young Street from Coleman Street east to test of Quer-. Street. The Hall Drain runs southeasterly through built up portionr of Innerkip, providing an outlet for the Joe Sim Drain near Young Street and continuing on in a southeasterly direction to an outlet in the Thames River. I have made an examination of the drainage systems In the affected areas and have found many problems either directly or indirectly related to the functioning of the systems. I found that the Hall and Thomas drains were sized to serve primarily rural lands (and at a level of service below that required by recent design) and are not capable rf providing the expected drainage outlet for all adjacent and tributary lands. As a result, there are occasions during any year when adjacent lands and roads are submerged with water. Tributary lands to these drains can not get an adequate outlet and as a result some areas remain undrained thereby adversely affecting the performance of sanitary waste dis- posal systc-ms. Also the performance of the local roads is reduced by the lack of a drainage outlet. Because of the lack of drainage as uescribed and because of the outletting of two drains (Yeo and Thomas) into reck strata potential sources of problems with water supply systems which originate in the limestone are created. Areas that could be developed for residential or other land uses are faced in many cases with either no outlet or else with an undersized outlet traversing the lands that could be developed. It is therefore my recommendation that a new drainage system for the village of Innerkip and tributary lands be constructed to eliminate or reduce the above problems. My proposed drainage scheme involves the construction of the following systems. Firstly, I recommend that a new drain, the Young Street and Mill Side Road Branches, be constructed from the point whero the Yeo Drain intersects the north limits of the Mill Sid* Road (Co. Rd. 33), that it run easterly along but north of the north limits of the County Road to an intersection with the Hall Drain, from this point generally following the route of the Hall Drain to Young Street and from here run along the south side of Young Street to an outlet in the Thartes River. This drain would provide an improved outlet for the Yeo and Gillespie Drains serving agricultural lands to the north, would provide an outlet for future pasldential lands north of the Mill Side Road and along Young Street, would create an adequate sized drain through this part of Innerkip to reduce flooding along the path of the existing Hall Drain and 8 would provide the required outlet for any other existing or proposed drains required to serve existing residential lands including the Joe Siir. Drain. The second drainage system I recommend to be con- structed commences at the rock outlet of the Yeo Drain (the Balsam, Blandford, Burton Street and James Street Branches) in Lot 10, Concession 17, runs easterly to Burton Street, along Burton Street to Blandford Street (Co.Rd. U ) , north aJong Blandford Street to Bslsan Street and east along Balsam Street to an outlet in the Thames River. There would "be three extensions to this drain. The first is proposed south along Blandford Street to the corner of George Street, the second, west along Balsam Street from Blandford Streot to Coleman Street and then south along Coleman Street to Briar Drive and the third involves a branch to the south along the unopened James Street up to the rock outlet of the Thomas Drain together with a short extension further south on James Street. This drain and extensions thereto would eliminate the emptying of the Yeo and Thomas Drains into the rock, would provide an outlet to residential lands west of Blandford Street presently lacking such, would reduce or eliminate the flooding of lands east of Bland- ford Street, would relieve and also provide an outlet for the Thomas Drain, would provide an outlet for future residential lands on both sides of Balsam Street , and would provide an improved outlet for the lands of and adjacent to the public school. The remaining system, I recommend, to be constructed, the Main Street Branch, involves a drain along Main Street from the intersection with the unopened James Street easterly to an outlet in the Thames River. This branch will reduce existing outlet problems along Main Street, provide a potential outlet for a small acreage of devel- opable lands immediately adjacent to Main Street and will also serve to intercept shallow ground water movement , affecting lands in the village in this area. The proposed work, therefore, consists of approximately 17 ,<»02 lineal feet of closed drain including approximately 10,942 lineal feet of 10 to 2U inch diameter concrete field tile, U,275 lineal feet of 24" to 42" concrete sewer pipe and 2,185 lineal feet of 8" to 54" corrugated steel pipe and 56 concrete catch basins, manholes and junction boxes. In accordance with Section 8 of the Drainage Act, R.S.O., 1970, I determine the allowances payable to owners entitled thereto as follows: R.P. or ALLOWANCE FOR CON. LOT OWNER LANDS AND CROPS Young Street 6 Hill Side Road Branches 17 Pt 10 T. Thompson $ 290.00 R.P. Ill Pt 93 C. Dykstra $ 40.00 R.P or CON LOT OWNER ALLOWANCES FOR LANDS AND CROPS 17 Pt 10 J. e J. Thompson $ 105.00 R.P LI Lts 9U - 96 R. & J. Eaton $ 970.00 R.P LI 97 N. Brooks $ 115.00 R.P 82,83,91 T. Mclntyre $ 530.00 R.P 37 W. 6 J. Lenhardt $ 250.00 R.P 35 6 36 M. Racz $ 870.00 R.P p<- 9 <; H. Caldecott $ UO.OO r t Z 3 R.P. 26 Lena Brown $ 820.00 R.P 35 Pts 36 6 37 Kn ^chtel Milling Co. $ 1460.00 17 PtSPt 11 J. 6 L. Matika $ 2 ,890.00 Balsam Street Branch 17 6 R.P. II [ Pt 10 6 135 J. 6 J. Jonker R.P. II [ 130 , 131+ C. Matheson R.P. II] [ 103 , lOU H. hatheson R.P. II] [ 75 B. 6 J. Mclntyre R.P. II] [ 129 , 137 C. Hatheson R.P. II] [ 105 , 10 6 H. Matheson $ 670 00 $ 190 00 $ 100 00 $ 50 00 $ 150 00 $ 100 00 Main Street Branch 17 Pt 10 J. 6 J. Jonker 235.00 Burton Street Branch 17 PtWPt 10 Francis Yeo Est. $ 1,150.00 James Street Branches R.P. Ill 62-6U 115-117 Pts 121, 122-124 i 126 C. Matheson R.P. Ill 70, log-iit 127-129 136 t 137 C. Matheson R.P. Ill 65 R. 6 V. HfldPTley Total Allowances S 85.00 $ 1,030.00 $ 60.00 $11,200. 00 Total Allowances under Section 8 of the Drainage Act, R.S.O., 1970 $ 11,200.00 10 I havo made an estimate of the cost of the proposed work which is outlined in detail as follows: LABOUR AND EQUIPMENT i) Bslsam Street Branch Construction of 20 Gabion Baskets (6* X 3' X 3* each) including baskets, stone and installation $ 1,500.00 Installation of 2 - 30" steel pipe culverts with gates at tile outlets $ 250.00 Installation of 2,160 feet of 2U' concrete field tile by tiling machine $ 5,U00.00 Installation of 172 feet of 2U" corrugated steel pipe $ 1,200.00 Installation of 338 feet of 36" concrete sewer pipe (no gaskets) $ U, 200. 00 Installation of 5u feet of 21" corrugated steel pipe $ 200.00 Installation of 297 feet of 21" concrete field tile by tiling machine 760.00 Installation of kS feet of 21", 60 .feet of 18" and 60 feet of 15" corrugated steel pipe across roadways $ 880.00 Installation of 6«t feet of 18" concrete field tile by tiling machine $ 225.00 Installation of 260 feet of 16" concrete field tile by tiling machine $ USS.OO Construction of 7 - 3' X U' concrete catch basins with welded grates and concrete aprons $ 2,100.00 Construction of 2 - 6' X 6' concrete catch basins with cast iron grates $ 2,000.00 Construction of 2 - 2' X 2' concrete catch basins with welded grates and concrete aprons $ UOO.OO Construction of 3 - 2' X 2' concrete catch basins with cast iron grates and concrete aprons $ 900.00 Installation of 15 feet of 8" corrugated steel pipe as catch basin leads $ 110.00 Stripping and replacing topsoil and trenching for tiling machine along Balsam Street East and Coleman Street $ 750.00 11 Seeding grassed areas $ 300.00 Asphalt removal and disposal S 150.00 Supply and placement of approximately 850 cu . yd. of gravel S 3 ,000.00 Paving of existing asphalt lane $ 300.00 Establishment and operation of detour $ 150.00 li) Blandford Street Branch Installation of 152 feet of 30" concrete sewer pipe (no gaskets) $ 1,800.00 Installation of 1,154 feet of 27" concrete sewer pipe (no gaskets) $ 11, '♦SO. 00 Installation of 298 feet of 2'*" concrete sawer pipe (no gaskets) $ 3,000.00 Installation of 676 feet of 8" corrugated steel pipe (perforated) (by tiling machine) $ 1,250.00 Construction of 5 - 60" dia. precast concrete catch basins with cast iron grates $ '♦,500.00 Construction of 3 - 2*. X 2' concrete catch basins ditch inlet type with welded grates, one to have a concrete apron $ 700.00 Construction of 2 - 2' X 2' concrete catch basins with cast iron grates $ 700.00 Installation of 5 feet of 10", 22 feet of 12", 22 feet of 12" and 35 feet of 12" corrugated steel pipe as catch basin leads 0 340.00 Removal and disposal of existing asphalt pavement $ 1,500.00 Sidewalk reconstruction $ 300.00 Supply and placement of approximately 1,700 cu . yd. of gravel $ 6,000.00 Establishment and operation of detour $ 300.00 iii) Burton Street Branch Installation of -409 feet of 10" corrugated steel pipe by tiling machine (perforated) $ 820.00 Installation of 1,180 feet of 10" farm tile by tiling machine $ 1,770.00 Construction of 1 - 2' X 2' concrete catch basin with welded grate $ aoo, .00 $ 100, ,00 $ 300, .00 $ 100, .00 $ 350, .00 12 1 - 2' X 2' concrete catch basin with c^st iron grate and 1 - 2' X 2' concrete catch basin ditch inlet type with sacked concrete rip-rap protection Trenching for tiling machine Paving of existing asphalt lane Regrr.ding of erroded areas Supply and placement of 100 cu . yd. of gravel iv) James Street Branches: Deleted by decision of His Hpnour Judge Dick. v) Main Street Branch Construction of 9 Gabion Baskets (6' X 3' X 1.5' each) including baskets, stone and installation $ 800.00 Installation of 168 feet of 18" corrugated steel pipe with gate $ 1,000.00 Installation of 626 feet of 18" concrete field tile by tiling machine wrapped in fiberglass ^ 1,565.00 Installation of i*** feet of 18" corrugated steel pipe $ 350.00 Installation of 38U feet of 16" concrete field tile by tiling machine wrapped in fibreglass $ 960.00 Construction of 1 - 2' X 2' concrete catch basin with welded grate $ 200.00 Construction of 8 - 2' X 2' concrete catch basins ditch inlet type with welded grates Construction of 3 - 2' X 2' concrete junction boxes Installation of U5 feet of 10" and 3o feet of 8" corrugated steel pipe as catch basin leads Excavating edge of road and disposing of materials Stripping and replacing sods and topsoil on bank at cutlet Supply and placement of UOO cu . yds. of gravel Establishricnt and operation of detour $ 2 ,000, .00 $ 450, ,00 $ 550, ,00 $ 1,000. ,00 $ 200, ,00 $■ 1,600. ,00 $ 150. ,00 13 vi ) Young Street Branch Construction of 10 Gabion Baskets (6' X 3' X 2' each) and 5 Gabion Baskets (6* X 3' X 3' each) including baskets, stone and installation $ 1,000.00 Installation of 20 feet of 5U" corrugated steel pipe with grills $ 400.00 Installation of 2,333 feet of '42" concrete sewer pipe with rubber gaskets including 384 feet of radius pipe $ 24,670.00 Construction of 8 - 6' X 6' concrete catch basins (4 with ditch inlet lifts and welded grates, 3 with cast iron grates and l with vertical grate) $ 8,200.00 Construction of 2 - 2' X 2' concrete catch basins di"ch inlet type with concrete aprons $ 500.00 In.'Jtallation of 5 feet of 10", 15 feet of 18", 70 feet of 12", 5C fact of 8", 20 feet of 12" ani 20 feet of 8" corrugated steel pipe as catch basin leads and drrin connections $ 500.00 Construction of 60 bags ( 1 cu. ft. each) of sacked concrete rip-rap at drain outlet $ 120.00 Stripping and replacing sods and topsoil along bank at outlet $ 300.00 Temporary ' relocating and replanting of small trees $ 400.00 Sodding (with commercial nursery sods) existing lawn areas (private lands only) $ 2,700.00 Stripping and/or replacing topsoil $ . 1,000.00 Clearing and grubbing including removal from site Fence construction Reconstruction of concrete sidewalk Filling of existing ditches and regrading of lands as noted Asphalt re.'noval and disposal Removal of existing laneway culvert Supply and placement of 1,000 cu . yd. of gravel $ 3,500.00 Establishment and operation of detour $ 150.00 $ 200, .00 $ 400, .00 $ 50, .00 $ 200, .00 $ 150, .00 $ 50. .00 14 vii) Mill Side Road Branch Stripping and replacing topsoil $ 1,500.00 Excavation of '♦,000 cu . yd. of existing ground stockpiling and replacement above completed drain Installation of 2,350 feet of 24" concrete field tile by tiling machine Installation of 2,270 feet of 21" concrete field tile by tiling machine Construction of 2 - 3' X M' <;oncrete catch basins with concrete apron and welded grates Construction of 2 - 2' X 2' concrete catch basins ditch inlet type with welded grates Construction of 1 - 3 ' X €' concrete catch basin Installation of 10 feet of 10", 28 feet of 21", and 17 feet of 18" corrugf.tcd steel pipe as catch basin leads $ 225.00 Installation of 20 feet of 18" tile as catch basin lead $ 40.00 Clearing $^ 50 . 00 Sub-total Labour and Equipment $136,250.00 $ 3 ,000 .00 $ 6 ,815 .00 $ 5 ,675 .00 $ 600. .00 $ 650. ,00 $ 1, ,000. ,00 i) Concrete Field Tile Su(>ply of the following: 4,510 feet of 24" tile 2,567 feet of 21" tile 1,150 feet of 18" tile 644 feet of 16" tile 397 feet of 12" tile 1,674 feet of 10" tile $ 26,914.00 ii) Concrete Sewer Pipe Supply of the following pipe: 1,949 feet of 42" concrete pipe(III P..C.) including 1 elbow section and 1 tee section 15" X 42" 384 feet of 42" concrete pipe( III R.G.) radius pipe (296 feet 55' radius, 88 feet 100' radius) 338 feet of 36" concrete pipe m M.J. 152 feet of 30" concrete oipe III M.J. 1,154 feet of 27" concrete pipe III M.J. 298 feet of 24" concrete pipe II M.J. $ 63,170.00 15 iii) Corrugated Steel Pipe Supply of the following pipe: 20 feet of 5t" corrugated steel pipe, 12 Ga. 2-30 foot lengths of 30" corrugated steel pipe. It Ga, with rodent gates 172 feet of 2U" corrugated steel oipe. It Ga. 1-30 foot length of 21" corrugated steel pipe, 16 Ga. 1 - 2'» foot length of 21" corrugated s.teel pipe, 16 Sa. 1 - tS foot length of 21" corrugated steel pipe* 16 Ga. 1-28 foot length of 21" corrugated steel pipe , 16 Ga. 1-60 foot length of 18" corrugated steel pipe, 16 G3. 168 feet of 18" corrugated steel pipe with rodent gate 1-24 foot length of 18" corrugated steel pipe, 16 Ga. 1 - 2T foot length of 18" corrugated steel pipe, 16 Ga. 1-17 foot length of 18" corrugated steel pipe, 16 Ga. 1-15 foot length of 18" corrugated steel pipe, 16 Ga. 60 feet of 15" corrugated steel pipe 16 Ga. 1-22 foot length of 12" corrugated steel pipe, 16 Ga. 1-35 foot length of 12" corrugated steel pipe, 16 Ga. 1 - 22 foot length of 12" corrugated steel pipe, 16 Ga. 1-20 'foot length of 12" corrugrited steel pipe, 16 Ga. 70 feet of 12" corrugated steel pipe, 16 Ga. H09 feet of 10'" corrugated steel pipe, 16 Ga. perforated and asphalt coated 2-5 foot lenpths of 10" corrugated steel pipe, 16 Ga. 1-10 foot length of 10" corrugated steel pipe, 16 Ga. 1-30 foot length of 10' corrugated steel pipe , 16 Ga. 16 1-15 foot length of 10" corrugated steel pipe, 16 Ga. 1 - 5 foot length of 8" corrugated steel pipe, 16 Ga. 2-10 foot lengths of 8" corrugated steel pipe, 16 Ga. 2 - 6 foot lengths of 8" corrugatod steel pipe, 16 Ga. 1-16 foot length of 8" corrugated steel pipe, 15 Ca. 1-20 foot length of 8" corrugated steel pipe , 16 Ga . 50 feet of 8" corrugated steel pipe, 16 Ga. 676 feet of 8" corrugated steel pipe, 16 Ga. perforated and asphalt coated $ 7 ,590 .00 Sub-total Materials $ 97,674.00 Allowances under Section 8 of the Drainage Act, R.S.O. , 1970 $ 11,200.00 Survey, Plan, and Report $ 8,530.00 Assistance and Expenses $ S.SitS.CO Clerk's Fees $ 2,000.00 By-l^ws ' $ 1,600.00 Contingencies $ 5,720.00 Supervision £ Final Inspection $ 8, 000. PC Total Estimated Cost $274,619.00 Repairs or improvements rendered necessary to any road culvert or bridge by the performance of this work shall be tnidc by and at the expense of the road authority responsible for the structure . After completion, this drain shall be maintained by the Township of East Zorra-Tavistock at the expense of all lands and roads assessed in the schedule of assessment and in the same relative proportions, until such time as the assessment is changed under the Drainage Act, R.S.O. , 1970. The existing Hall, Yeo (south of the county road) and Thomas Drains shall hereafter be considered as private drains and the maintenance of such shall be at the discretion of the affected lando^fner. 17 The existing Joe Sim Drain is herein incorporated as part of thf Inncrkip Drainage Works , thereby consolidating; the remaining drainage works in the built up portion of Innerkip with this proposed works. In accordance with section 15(2) of the Drainage Act, R.S.O., 1970. I have made an allowance in the assessments to the owners of lands affected by the Joe f.im Drain for their prior outlet assessment of that drainage works. The future maintenance of the Joe Sim Drain shall be at the expense of all lands and roads assessed in the schedule of assessment herein and in the same relative proportions until such time as the assessment is changed under the Drainage Act, R.S.O. 1970. Should additional and future drainage works, constructed under the Drainage Act, R.S.O. , 1970, be required along any lands or roads in the built-up portions including all lands covered by a registered plan of the village of Innerkip if defined to be in the watershed of this report, I recommend that all lands assessed in the schedule of assessment to this report except for lands considered to be agriculture at the time of the future report be assessed for the costs of such further, works except for special assessments for benefit to the affected lands and roads in the new report (s). Any outlet assessment against an affected local road (s) shall te distri- buted, amonest all 3ocal T'^^dG assessed her-ein (excluding county roadj ) . It shall be the full responsibility of any affected owner to relocate or replant any legal survey bars affected by the ccn- •truction of this drainage works. If requested, the engineer will reference any bar that he is made aware of, prior to construction, to possibly facilitate the owners replanting of same. Respectfully submitted. 0JkaJ A. Smart, P. Eng- KAS:cjn 18 SCHEDULE or ASSESSMENT Job Ho. CON. or R.P,, NO IHNERKIP DRAINAGE WORKS TOWNSHIP OF EAST ZORRA-TAV I STOC K 7367 ?■ APPROX. ACRES LOT AFFECTED OWNER BENEFIT ebru'iry 26, OUTLET 197 5 TOTAL AS PBO-RKTED TO REFLECT FIEVISIONS MADE BY THE OOURT OF REVISION AND BY THE CCXKrY CSURT *16 Nl/2 10 1.0 Mac Ross 0 15.00 S U5, .00 45.27 16 PtEPt 11 0.5 E. £ S. Bond $ U5.00 ft 15, ,00 45.27 16 PtEPt 11 0.5 R. {. r,. Breen $ 15.00 S 'v5 . .00 45.27 16 PtEPt 11 1.5 V. £ R. Jeanson $ 135.00 s 135, , 30 135.82 *16 El/2 El/2 11 23.0 Francis Yeo Est. 5 1,035.00 $ l'.035. ,00 1,041.31 *lt SEPt 12 m.o E. Taylor $ 630.00 $ 630 .00 633.84 *16 NEl/U 12 15.0 A. Werkema $ 675.00 $ 675. .00 679.11 *16 SEl/i* 13 13.0 J. Polton $ 585.00 S 5b5, ,00 588.57 *16 NEl/i* 13 I.O W. Vant Klaphek S U5.00 s U5, , CO 45.27 *17 WPt 10 U6.0 Francis Yeo Est. $ 2 ,120. 00 $ 2,226.00 s U,3'*6. .00 4,372.52 *17 PtNPt £ PtSPt 11 07.0 J. £ L. Matika $23 ,710. 00 $ 6,368.00 $30,078. .00 30,261.51 *17 NEPt 11 36.0- J. C E. Vink $ 1,620.00 $ 1,620, .00 1,629.88 *17 Sl/2 12 55.0 Wm. Chesney £ Sons $ 2,U75.C0 $ 2,U75 .00 2,490.10 *17 Nl/2 12 60.0 V. Turkington $ 2,'/ 00. 00 $ 2,700, .00 2,716.47 *17 Wl/2 13 67.0 J. Yao $ 3,015.00 $ 3,015, .00 3,033.40 17 PtWl/2 13 0.25 J. Yeo $ 23.00 $ 23, .00 23.15 *17 Wl/2 m 11.0 Harold Smith $ 1*95.00 $ tgs. .00 498.02 Village of Innerklp 17 Pt 10 - C. £ B. 0.35 Millar $ 280. .00 $ 71.00 $ 351 .00 353.14 17 Pt 10 0.35 June Goff $ 260. .00 $ 71.00 S 351 .00 R.P. 1071 1*2 5.5 Oxford Cty. Board of Education S 820, .00 s 359.00 S 1,179 .00 1,186.19 Coleman Street E/S R.P. 35 5 0. .25 S. Harwood $ 780, ,00 s 51 ,00 s 331 .00 333, .02 R.P. 35 6 0, .75 E. H.icon,Est. S 780, ,00 $ 51 ,00 s 331 .00 333. ,02 R.P. 35 7 0 , .75 C. i J. 5 780, .00 s 51, . 00 $ 331 .00 333. ,02 K.P. 35 8 0, .25 Vorsteeg C. Ilaeon S 200, .00 c« 51, ,00 rr.i s 2 80, ,00 c. 20. .0(1 J^ 300. 00 301.83 R.P. rtsl3, ,lt n. 15 W.f.i:. Murray s 2HII, ,00 5 JO. ,00 s 310, 00 311.89 R.P. 15, 16 0. 50 G. 6B .Chesnoy s 230, .00 0 101. ,00 s 3B1. ,00 383.32 R.F. 17 Sl/2 18 0. 35 G.6B. Faton s 280, ,00 $ 71. ,00 s 351. ,00 353.14 R.P. N 1/2 18 0. 15 R.£J.Krafft $ 280, ,00 $ 30. ,00 $ 310. ,00 311.89 R.P. 19 £ 20 0. ,35 G. Rowe s 280, ,00 s 51, ,00 $ 331. ,00 333.02 R.P. 21 t 2 (2 0. ,50 E. Sim $ 280, ,00 5 81, ,00 5 3G1. 00 363.20 R.P. 23, 2U Pt 25 6 0, ,65 H.Caldecott $ 330 .00 s 132 .00 $ 1*62 .00 464.82 R.P. Pt 25626 0, ,35 Lena Brown $ 780 .00 s 71 .00 s 851 .00 856.19 R.P. Pt 26627 0. ,25 D.£B.Eltom $ 280 .00 $ 51 .00 $ 331 .00 333.02 R.P. 28 0, ,25 G. Snarey s 280 .00 $ 51 .00 s 331 .00 333.02 R.P. 8 0, ,60 M. Currah s 280 .00 $ 122 ,00 $ 102 .00 404.45 R.P. 59 Pt A 0, ,25 R.Caldecott s 210, .00 s 51 .00 s 261 .00 262.59 Queen Street W/S R.P. Ill Pt 29 0, ,10 S. ,6L.Addloy $ 210, ,00 5 H.P. Ill 30 ,31, 32,33 1 .00 J. £ T. M.^jor $ 280, ,00 s R.P. Ill 314,35,36 0. ,75 H, , Racz S 1,02Q. ,00 $ R.P, 111 37 ,38,39 0, ,65 W, , £J .LenhardtS 380. .00 s R.P. Ill ■♦O ,iil ,M2 .-,. ,60 G. Plgeott $ 280. ,00 $ R.P. Ill U3 0. ,25 r. 6G.Btrtch $ 280, ,00 s 20.00 S 230.00 231.40 203.00 S '«*3.00 485.95 152,00 $ 1,172.00 1,179.15 122.00 S 502.00 505.06 82.00 S 362.00 364.21 51.00 $ 331.00 333.02 21 CON. or APPROX. ACRES AS R.P. NO. LOT AFFECTED OWNER BENEFIT OUTLET TOTAL PRO-RKIED P.. P. Ill UU 0.25 G. £ M. Oosterveld S 2fl0.00, S 51.00 $ 331.00 333.02 R.P. Ill 15. UG 0.50 J.tV.RIddell 0 280.00 S 101.00 S 301.00 383.32 .R.P. Ill U? , ua £ H. t M. EPt A 0.70 Kowe $ 280.00 S 1=12.00 S '♦22.00 424.57 R.P. Ill "49 0.25 P. Sheppard S 310.00 S 51.00 S 3G1.00 363.20 R.P. Ill 50, 51 0.S5 P. Sheppard S 380.00 S 112.00 S u02.00 495.00 R.P. Ill 52,NPt53 0.30 E. Sim $ 280.00 $ 51.00 $ 311.00 343.08 R.?. Ill S Pt 53 0.20 J. Prow S 280.00 $ 11.00 S 321. 'iC, 322.96 R.P. Ill 51, Pt 55 0.25 D.f,B.D.3foo S 280.00 S 51.00 5 331.00 333.02 R.P. Ill Pt? 55.56 Hlldorlcys 57,50 0.70 Gnragc Ltd. $ 280.00 S 112.00 $ 122.00 424.57 Queen Street E/S R.P. Ill 61 0.20 H.tL. Burgess S 280.00 S 11.00 S 321.00 322.96 *R.P. Ill 62-61 115-117 ,Ptl21 122-121 £ 126 5.0 O.Matheson S 1,160.00 $ 630.00 5 5,090.00 3,156.57 R.P. Ill 65 0.30 C.f,E.Staddon S 280.00 S 61.00 $ 311.00 343.08 R.P. Ill 66Pt 67 R.P. Ill 68,69 R.P. Ill 71 -71 R.P. Ill 75 , 76 R.P. Ill 77 , 78 R.P. Ill 79, 80 *R.P. Ill 82-88, 85 Pt89 Pt91 Pt92 3.0 T.McIntyre S 3,560.00 S 522.00 S 1,082.00 4,106.91 Briar Drive W/S R.P. 1071 1 0.25 J.£C. Saurer $ 290.00 $ 51.00 S 331.00 333.02 R.P. 1071 2 0.25 Innerkip Homesites Ltd.S 290.00 S 51.00 S 331.00 333.02 R.P. 1071 3 0.25 R.tJ. Hall S 290.00 S 51.00 $ 331.00 333.02 Briar Prise S/S 0, ,10 P . fi R . Hilderley S 280, ,00 $ 81, ,00 s 361, ,00 363, ,20 0, ,10 R.£V. Hilderley s 280, ,00 s 81, .00 s 361, ,00 363. ,20 0, .80 S.£V. Smith s 280, ,00 s 162. .00 s 112 , .00 444. ,70 0, ,10 B.£V. Mclntyre $ 2eu, ,00 $ 81, .00 S 361, ,00 363. ,20 0, ,10 L.£M. Smith $ 280, ,00 $ 81. ,00 e 361. ,00 363. ,20 0. ,10 C.CH. Thompson S 210, ,00 s' 81, .00 $ 291, ,00 292. ,78 1. ,2 N. Brooks $ 710, ,00 s 223, .00 S 963, ,00 968. ,88 R.P. 1071 u 0. ,25 E. £B.Horrock S 280. 00 $ SI. 00 s 331.00 333, ,02 R.P 1071 5 0. .25 D.CH. Eaton $ 280. 00 s 51. 00 $ 331.00 333. ,02 R.P. 1071 6 0. 25 B.£V.Chambers$ 280. 00 s 51. 00 s 331.00 333. ,02 R.P. 1071 7 0. ,25 J.£J. Cunningham $ 280. 00 $ 51. 00 s 331.00 333. .02 R.P. 1071 8 0, ,25 H.£A.Piggott S 280. 00 $ 51. 00 $ 331.00 333. .02 R.P. 1071 9 0, ,25 C.£J. Czcrniawski t 280. 00 s 51. 00 $ 331.00 333. ,02 R.P. 1071 10 0, ,25 C.£F. Harper S 280. 00 $ 51. 00 $ 331.00 333. ,02 R.P. 1071 11 0. ,25 R.SH.Gebbie $ 280. 00 s 51. 00 s 331.00 333. ,02 Briar Drl' ire N/S R.P. 1071 12 0 .25 B. Currah s 280 .00 $ 51 .00 s 331.03 333. ,02 R.P. 1071 13 0 .25 G.£M. Scott 5 260 .00 s 51 .00 s 331.00 333, .02 R.P. 1071 11 0 .25 G. C.H.Hi liar 3 ^fO .00 5 51 .00 0 331.00 333, ,02 R.P. 1071 15 0 .25 M. West $ 280 .00 s 51 .00 s 331.00 333, .02 R.P. 1071 16 0 .25 A. Pull.-n 2 2il0 .00 s 51 .00 c 3 31.0'J 333, .02 R.P. 1071 17 c .25 R.£D.' Sager g 200 .00 s '■>} .00 ■:■ 3 31.00 333 .02 22 CON. R.P. or NO. LOT APPROX. ACRES ArrCCTCD OWNER BENEFIT OUTLET TOTAL AS PRO-RATED 1071 18 0.25 K. 6 C. Faliowfield S 280.00 $ 51.00 331. ,00 R.P. S 333.02 R.P. 1071 19 0.25 P.tP.Bhatt $ 280.00 $ 51.00 S 331, ,00 333.02 R.P. 1071 20 O.UO N.CH. Takacs s 280.00 $ 81.00 s 361, ,00 363.20 Thames Ave. S/S R.P. .1071 21,Pt20 0.20 L.£D. Smith $ 280.00 S 11.00 $ 321, ,00 322.96 R.P. 1071 22 0.30 J. Piggott s 280.00 S 61.00 s 3'H. 00 343.08 R.P. R.P. 1071 1071 23 2'» 0.25 0.25 G.GA. Shaw R.tJ. Thornton s s 280. rtO 280.00 S S 51.00 51.00 ^ 331. 331. ,00 ,00 333.02 333.02 R.P. 1071 2S 0.25 J.tE. Whitlow s 280.00 s 51.00 $ 331, ,00 333.02 R.P. 1071 26 0.25 N . Vernooy s 2 80.0.0 s 51.00 $ 331, ,00 333.02 R.P. 1071 27 0.25 K.&L. Priest g 280.00 s 51.00 $ 331, ,00 333.02 R.P. 1071 28 0.25 J .tJ .Bryan S 280.00 $ 51.00 s 331, ,00 333.02 R.P. 1071 29 0.25 W.SH. Marshall $ 280.00 s 51.00 $ 331, ,00 333.02 Thames Ave. N/S R.P. 1071 30 R.P. 1071 31 R.P. 1071 32 R.P. 1071 33 R.P. 1071 31 R.P. 1071 35 R.P. 1071 36, 37 R.P. 1071 38 R.P. 1071 39 R.P. 1071 40 R.P. 1071 m 0.25 R. Brown 0.25 D.&D.B«res 0.25 G.tM.Moyer 0.25 L.GJ. Hancnburg 0.25 R.GL.Dcvine 0.25 L. Takacs 0.55 R. tL. Hilderley 0.25 D.tA. Ferguson 0.25 W.tH.Splccr 0,25 K.tl.Deller 0.25 M. Moyer $ 280, .00 $ 51 .00 s 331.00 333. 02 s 280 .00 s 51 .00 $ 331.00 333. ,02 $ 280 .00 s 51 .00 s 331.00 333, ,02 200 .CO $ 51 .00 $ 331.00 333, ,02 !> $ 280, ,00 $ 51 .00 s 331.00 333 .02 s 280, ,00 $ 51 .00 s 331 -00 333 .02 s 280, ,00 s 112 .00 S 392.00 394 .39 s 280. 00 s 51. .00 S 331.00 333, ,02 s 280. 00 $ 51. ,00 S 331.00 333, ,02 s 280. 00 $ 51. ,00 5 331.00 333. ,02 s 280. 00 $ 51. ,00 s 331.00 333. .02 Burton Street S/S R.P. 35 WPts 2, 3, H R.P. 35 EPts 2, 3. t 0.35 J. Piggott $ J.tE. 0.35 Piggott $ 280.00 5 61.no S 3U1.00 343.08 280.00 S 61.00 5 Sll.OO 343.08 Vincent Street W/S R.P. 35 EPt 11 Balsam Street M/S R.P. 35 EPt 23 n.lO Canadian Order of Foresters ••280.00 $ 20.00 S Deleted by 0.1 R . t J . Court of Christensen SRevision *R.P. Ill .;'135 2.5 J.<-.M. Jonker 5 1,538.00 S '•R.P. Ill 130-131* 2.8 C.Mathcson S l,7t3.00 $ K.P. Ill 99-lOM 1.2 H.Matheson S 1,280.00 $ 181.00 S 1 Balsam Street S/S R.P. Ill WPt A 0.35 J.tH.Vant EPtlS.l"* 20.00 S 272.00 S 1 308.00 S 2 280.00 $ 71.00 S R.P. Ill 105-lOR 0.80 H. Hatheson S 715.00 S 127.00 S »R.P. Ill 70,100-111 2«. «0 3*«T-00- ,810.00 ,051.00 ,131.00 351.00 812.00 127-129 t Pt 136 t 137 6.0 C.Mathcson $ 7,21(3.00 $ 688.00 $ 7,931.30 20.13 1,821.04 1,272.08 905.86 353.14 521,85 4,917.64 23 CON. or APPROX. ACRES K.P. NO. LOT AFEECTED OWNER AS PPO-RATED Main Street S/S R.P. 80 EPt 1 £• t 17 Pt 10 17 Pt 10 17 Pt 9 17 Pt 9 •17 Pt y 17 Pt 9 0.75 H.G. Culver S 280.00 $ 152.00 $ 432.0.) 434.64 0.35 P.tM.McHahon S 280.00 S 71.00 $ 351.00 353.14 0.25 M. Gorton $ 280.00 $ 51.00 $ 331.00 333.02 0.^0 A.Gauthler S 280.00 S 81.00 S 3C1.00 ' U.O J.IH.Jonker S BUO.OO $ 239.00 $ 1,079.00 1,085.58 0.35 J.tM.Jonker S 210.00 $ 71.00 S 281.00 2P2.71 Main Street N/S R.P. 111 EPtl,2.3 C .25 M.Ross $ 280. .00 $ 51 .00 s 331 .on 333.02 R.P. 111 111 SPt 57 ,58 59, 60 0 0 .25 .US M.HcIntyre H. Zehr $ $ 280 280, .00 .00 $ 51, .00 .00 S s 331 371 .00 .00 333.02 R.P. 91 373.26 R.P. 111 111 118, 119 0 0 .50 .50 W. Elliott J .Hatheson S S 280 210, .00 .00 s s 101 101 .00 .00 s $ 381 311 .00 .00 303.32 312.90 R.P. 120,Ptl21 R.P. 111 Ptl2'* 0 .35 r. tJ . Peeters S 280, .00 $ 71 .00 s 351 .00 353.14 353.14 R.P. 111 Ptl2'«,125 0 .35 C.CH.Zandee $ 200, .00 s 71 .00 S 351 .01) R.P. 111 Pts 136- 138 Pts 1246 125 7 .0 Inncrklp Cemetery $ 800, .00 $ - $ BOO .00 804.88 Youn g Street S/S *R.P . Ill Pt 9U-96 133 3 .8 R. i. J. Eaton $ •* ,268. .00 s •«89. .00 s M,757 .00 4,786.02 17 e R.P. 111 Pt 10 t Pt93 t 9H 0, .5 J. t J. Thompson $ 210, .00 $ 101. ,00 s 311 00 312.90 Youn K Street M/S R.P. 111 Pts : 91 i 92 0. ,5 G.CR. Shields $ 280. 00 $ 101. 00 s 381. ,00 383.32 R.P. 111 Pt 92 0. ,5 A . ED .Thomson s 280. ,00 s 101. 00 $ 381. ,00 383.32 R.P. 111 Pt 92 0. 35 D.t .L. Foster $ 280. 00 $ 71. 00 $ 351. ,00 353.14 R.P. 111 Pt 89-92 -93 0, 25 E. eS.Braun s 280. 00 $ 51. 00 s 331. ,00 333.02 R.P. 111 Pt 92 0, ,25 J.£C. Rutherford « 280. 00 $ 51. ,00 $ 331. 00 333.02 333.02 333.02 333.02 R.P. 111 Pt 93 0. 25 F. tE.Chesney s 280. 00 s 51. 00 $ 331. ,00 R.P. 111 93 0. ,25 J. £S. Hague s 280. 00 $ 51. ,00 $ 331. ,00 R.P. 111 Pt 93 0. 25 S.tC.Dykstra $ 280. 00 $ 51. 00 s 331. ,00 R.". 111 Pt 93 £ 17 5Pt 10 0. 25 T. Thompson $ lUO. 00 $ 51. 00 $ 191. ,00 192.18 Total Assessment on Lands Sio; . ,202 '■00 £38 .IR 3.00 $143,465.00. $137,543.6' Coleman Street 3.0 Township of East Zorra $ 3,125.00 C r,.900.0O S 10,025.00 $10,086.17 Rlandford Street 5.5 Couiitv of Oxford S 38,330.00 S 0, '120.00 3 'i7,750.O0 $48,041.34 OuecT Street 3.0 T<'.wnship of East Zorra S i»,71i<.0n $ 6,900.00 $ 11 .Clii . 00, 5 11,684.86 James Sti'eet 2.0 Township of East Zorra S 850.00 S 2.300.00 S 3.150.00 ? 3,169.22 George Street 0.2fTownship of East Zorra S 750.00 S 575.00 S 1,325.00 S 1,333.08 Main Street 2.0 Township of East Zorra $ 3,750.00 S 1,600.00 S 0,350.00 $ 8,400.95 Burton Street C.SOTownship of East Zorra ? 2,300.00 $ 1,150.00 $ 3,150.00 S 3,471.05 Vincent Street O.SOTownship of East Zorra $ 1,150.00 $ 1,150.00 $ 1,157.02 24 D^y Street 1.0 Township of East Zorra S 2,300.00 $ 2,300.00 5 2,314.03 Briar Drive 1.5 Township of East Zorra S 500.00 $ 3,'*50.00 S 3,950.00 ^ 3,974.10 Thanes Ave. 1.25Township of East Zorra $ 500.00 S 2,875.00 S 3,375.00 $ 3,395.59 Balsam Street 2.0 Township of East Zorra S 10,525.00 S U, 600. 00 S 15,125.00 $15,217.28 Stratford Street 0.5 Township of East Zorra $ 1,150.00 S 1,150.00 $ 1,157.02 Young Street 2.0 Township of Cast Zorra S 5,000.00 $ ^,600.00 S 9,600.00 S 9,658.57 County Rd. 33 7.5 County of Oxford 5 3,100.00 $ 9,681.00 S 12,781.00 $12,858.98 Mill Street 0.25Township of East Zorra $ 575.00 $ 575.00 $ 578.51 Road Cons. Township of 16 £ 17 8.5 East Zorra S 765.00 S 765.00 $ 769.67 Total Assessment on Roads S 73,uui»,00 362,991.00 $136,435.00 $137,267.44 Total Assessment on Inncrkip Drainage Works $279,900.00 Revision by Court of Revision (280.00) Revision by County Court ^^{s'oOl'oo $274,619.00 NOTE: ALL LANDS WITH THE EXCEPTION OF THOSE NOTED WITH AN ASTERISK ARE CLASSIFIED AS NON-AGRICULTURAL 25 SPECIAL PROVISIONS FOR INNERKIP DRAINAGE WORKS S.P.I. Applicable Specifications The General Conditions, Open Drain, Tile Drain and Storm Drains and Appurtenances sections of the Specifications for Construction of Municipal Drainage Works, February 1974 hereinafter referred to as the Specifications shall apply to the construction of this drain except where superseded by these Special Provisions or by notes on the attached drawings. S.P.2. Tender Tenders to be entitled to consideration must be made on the form provided therefore and shall be enclosed in a sealed opaque envelope which shall be addressed to : Corporation of the Township of East Zorra-Tavistock c/o Mr. J. Killing, Clerk-Treasurer HICKSON, Ontario and shall be endorsed "Tender for Innerkip Drainage Works". The Township reserves the right to reject all or any tenders received. Prices for each item as required must be legible. The Tender must be signed by an officer of the company, designating his position and executed with the company seal. In the case of an individual trading as a company, the signature of the person signing the Tender must be witnessed. All of the blanks in the Tender Form shall be filled in. An extra copy of the Form of Tender is included for the contractor's own records. Tenders that are incomplete, conditional, illegible, obscure, or that contain additions not called for, reservations, erasures, errors, alterations or irregularities of any kind or are not properly signed may be rejected as informal. The tender shall be accompanied by a security in the amount equal to ten per cent (10%) of the amount of the tender. Security may be either cash, negotiable government bonds, or a certified cheque. Tender security shall be made payable to the Owner. S.P.3. Examination of the Site For the information of all tenderers and at a time to be indicated on the Tender advertisement and forms, but prior to the closing of tenders, test holes will be dug on the site by the municipality. No additional payment will be allowed for additional work resulting from unfavourable soil conditions other than solid rock excavation with the exception of the costs of supplying and installing rubber gaskets along the affected lengths of pipe. This supersedes the provisions of Section S.21. paragraph 3 and T.IO. S.P.4. Roadway Crossings Applicable sections of the Specifications, eg. G.13., D.IO., T.12. and S.3.3. are superseded in that all work along or across roadways are to be governed by the Typical Sections and notes, etc. on the attached drawings. Asphalt roadway surfaces shall be reconstructed by the authority having jurisdiction over the affected road. 26 S.P.5. Tests The township shall be responsible for the costs involved in testing only pipe or tile materials and if tests are requested no more than 3 lengths of any or each size of pipe or tile will be submitted for testing, unless in the opinion of the engineer, faulty materials are involved and additional tests are warranted. S.P.6. Backfilling of Trenches Section S.3.2. of the Specifications shall be supplemented and superseded in part by the notes and details on the drawings of this Contract. S.P.7. Catch Basins, Manholes and Appurtenances Sections S.10.3. to S.10.7. inclusive of the Specifications are superseded in that all applicable products of Oaks Precast Industries Ltd. (or equals) may be substituted for those specified. Also welded frames and grates, if approved by the Engineer, may be substituted for the cast-iron frames and grates in those locations described on the drawings. S.P.8. Private Drain Connections Private drain connections will not be required except where necessary to replace an existing connection into an existing drain herein being replaced, damaged or cut off. Where required, the construction of Private Drain Connections, shall be in accordance with the general note on the drawings and the payment for each will be, including joints, on a lump sum basis as established on this Tender form. If lengths in excess of 25 feet are required for any connection, that amount of the connection in excess of 25 feet will be paid on a time and materials basis. Saddles rather than tees or the use of well constructed and grouted simple insertions into the pipe may be used for making the connection if approved by the engineer. Connections described to be made by the drawings will not be paid under this category as the tender provides for such connections. Note that the drawings call for rigid materials on granular bedding with cemented joints for all connections. S.P.9. Solid Rock Excavation Should solid rock be encountered and normal trench excavation methods are not capable of removing the rock the contractor will be reimbursed on a time and materials basis for the costs in excavating the rock plus for his net loss of production due to time lost during rock excavation. The method of removing solid rock, if encountered, must be approved by the engineer and all unit costs in doing such work must be approved by the engineer prior to commencement of operations. S.P.IO. Restoration Section S.14. of the Specifications is superseded in that all lawn areas on private lands disturbed or damaged by construction must be fully restored to an original condition. The trench backfill must be sufficiently compacted to reduce future settlement and shall be covered over with 6" of approved topsoil; and then shall be levelled, graded and covered with approved nursery sods (Merion or Kentucky Blue Grass or equal) by an approved landscape sub-contractor or equal if approved by the Engineer. All field areas if disturbed shall have the topsoil stripped back and then replaced upon completion of construction. All garden areas shall have a minimum of 12 inches of topsoil placed over areas disturbed by construction. All customarily travelled areas (lanes or roads) shall be re-surfaced with 12 inches of pit-run gravel base (Granular 'B') with maximum stone size of 4' and 6* of crushed gravel surface (Granular 'A') except where noted differently on the drawings. All granular shall be compacted in place using equipment described in the drawings. 27 Gravel shoulders shall be restored with 6" of compacted crushed gravel (Granular 'A'). All shrubs, plants, ornamental trees, clothes-line poles, etc., if necessary to move shall be temporarily relocated during construction and shall be replaced in their original location during restoration. Grass-seed mixture used must be equal to commercial lawn seeds and must be approved by the engineer in advance. S.P.ll. Gabion Structures The Gabion baskets used shall be "Heavily Galvanized Gabions-River Type" as available from Maccaferri Gabions of Canada Ltd. All wire used for binding shall be as supplied by the Manufacturer (0.086" diameter). Assembly Upon delivery each bundle shall be opened and each unit unfolded. The sides, ends, and diaphragms are to be lifted into vertical position and the four corners are to be wired together and the diaphragm edges to the gabion sides. Installation Level the base where the gabions will be placed to a smooth finish and the right elevation. Wire each unit securely to the adjacent units along the top and vertical edges prior to placing stone. Stretch gabions before filling if necessary. Filling Use a 3" to 8" durable hard stone as supplied by Forwell's of Kitchener or equal. Choice of equipment, front end loader, gradall or backhoe etc. is up to the contractor but voids are to be kept to a minimum. Hand placement will be necessary at times. For the 36" deep gabions only, the baskets are to be filled in 1 foot lifts and between each lift connecting wires are to be placed in both directions between opposite sides and looped around two meshes at each end. After filling is complete, the top is to be folded shut and wired to the ends, side and diaphragm. Empty baskets placed on top of a completed row must be wired to the filled gabions at front and back. S.P.12. Sacked Concrete Rip-Rap Protection A sacked concrete protection shall be built around the drain outlet as indicated on the drawings. Burlap bags containing a volume of one (1) cubic foot of concrete when filled shall be used and shall be hand placed. Dry concrete is not permitted. S.P.13. Winter Work If any work is started and not fully completed prior to winter or frost, all areas partially or fully affected by the construction shall be temporarily or fully restored in accordance with the specifications and drawings of this contract with the exception that no sodding will be required until the following spring. However, final restoration will have to be attended to as soon as conditions permit during the ensuing year. All temporary and final restoration will be at the contractors expense. Particular attention must be given to the prevention of ponded surface waters, of interference with snow plowing operations, of soft or muddy laneways and roadways and of damage to any materials used or to be used on the project if work ceases due to winter conditions. No additional payment will be provided on account of increases in costs of materials or labour over, or resulting from the winter period. If construction on formerly paved roadways is not completed in time to allow the authority to resurface the road, the 28 contractor of this contract will be required to scarify, regrade and compact the upper portions in the following spring. The maintenance of all roads, over the winter period shall be the road authority's responsibility however. S.P.14. Extra Work Section G.7. of the General Conditions is partially superseded in that if the con- tractor undertakes extra work as directed by the engineer he will be paid in accordance with the unit price for such work evident from the tender forms if applicable or alter- natively if such unit price is not evident, he will be paid on a time and materials basis. In case of time and materials work the contractor will be allowed a further 17% of the total cost for his involvement. Such allowance shall be compensation in full for manage- ment, overhead, profit, etc. If the quantity of any items in the tender form changes by more than 10% from the estimated amount a re-negotiated unit price may be used if mutually agreed by the engineer and the contractor. As well if the quantity increases by more than 10% the contractor shall be entitled to the allowance of 17% on the quantities in excess of the 10% amount. T. TILE DRAIN T.l. Tile The Contractor is to state the type and manufacturer of the tile which he proposes to use and is to be prepared to submit alternative prices for concrete or clay tile in the sizes available, if required. Standard clay drain tile shall meet all A.S.T.M. specifications, as set out in Designation C4-62 and Designation C498 with the exception of the Absorption Factor and the Freeze and Thaw Test. Extra quality drain tile and heavy duty drain tile shall meet all specifi- cations as set out in Designation C4-62 and Designation C498. Concrete drain tile shall meet all A.S.T.M. specifications as set out in Designation C412 with the exception that the nominal length of drain tile 5 to 12 inches diameter inclusive shall not be less than 12 inches and that tile of 12 to 24 inches in diameter inclusive shall have nominal lengths not less than the diameters. Where any of the above referred to standards are amended or superseded, such amendments or revisions shall apply. T.2. Stakes Stakes are set along the course of the drain at intervals of 100 feet. Bench marks have been established, which are to govern the elevations of the drain. The location and elevations of the bench marks are given on the plan and profile drawings. The Contractor will ensure that the stakes are not disturbed unless approval is obtained from the Engineer. T.3. Line The drain shall run in as straight a line as possible throughout its length, except that at intersections of other water courses or at sharp corners, it shall run on a curve of at least 50 foot radius. The new tile drain shall be constructed at an offset from and parallel with any ditch or defined watercourse in order that fresh backfill in the trench will not be eroded by the flow of surface water. The Contractor shall exercise care not to disturb any existing tile drain or drains which parallel the course of the new drain, particularly where the new and the existing tile act together to provide the necessary capacity. Where any such existing tile is disturbed or damaged the Contractor shall perform the necessary correction or repair at his expense. 29 T.4. Laying The tile is to be laid with close joints and in regular grade and alignment in accordance with the plan and profile drawings. The Contractor is to erect cross-arm sights and use a boning rod in the laying of the tile. The tiles are to be bevelled, if necessary, to ensure close joints. Rather than bevelling the tile on sharp bends, the Contractor may wrap the wide joints with a 6" wide band of 15 pound felt building paper. The inside of the tile is to be kept clear when laid. Where soil conditions warrant, the Engineer may require that the tile be wrapped with a fibreglass wrapping such as Tile Guard Felt, manufactured by Globe Glass Saturaters or approved equal. Any such work shall be considered as an extra to the contract. The Contractor shall submit with his tender the extra cost for wrapping the tiles, if required. The sides of the tile are to be supported by partial filling of the trench prior to inspection by the Engineer. The remainder of the excavated material shall be used to restore and maintain the natural surface of the ground. No tile shall be backfilled until inspected by the Commissioner or Engineer unless directed otherwise by the Engineer. The tile shall be backfilled such that a sufficient mound of backfill is placed over the trench to ensure that no depression remains after settling occurs in the backfill. T.5. Lowering of Surface Grades Where required, the Contractor shall strip off the top layer of earth in order that the tiling machine may trench to the correct depths. His tender price shall include the cost of stripping the topsoil, bulldozing of subsoil to depth required and subsequent replacing of subsoil and topsoil. T.6. Tributary Drains Any tributary tile encountered in the course of the drain is to be carefully taken up by the Contractor and placed clear of the excavated earth. If the tributary tile drains encountered are clean or reasonably clean, they shall be connected into the new drain. Where existing drains are full of sediment, the decision to connect or not to connect to the new drain shall be left to the Engineer or Commissioner. The Contractor shall be paid for each tributary drain hook-up as outlined in the tender form. Where the Contractor is re- quested by the Engineer or Commissioner to hook up an existing tile which is not encountered in the course of the drain, the cost of such work shall constitute an extra and the basis of payment shall be determined by the Engineer or Commissioner subject to the provisions of Section G.7. The method and materials proposed for the connection are to be approved by the Commissioner or Engineer. T.7. Outlet Protection Corrugated metal pipe shall be used to protect the tile at its outlet. The joint between the metal pipe and the field tile shall be sealed with mortar. A sacked concrete protection, unless otherwise specified, shall be built around the corrugated pipe and extended down- stream a minimum distance of three feet. The protection shall extend to the top of the backfilled trench and below the pipe to 12' under the streambed. The protection shall also extend 2 feet into undisturbed soil on either side of the backfilled trench. Where the outlet occurs at the end of the open ditch the above sacked concrete rip-rap protection will extend all around the end of the ditch and to a point 3' downstream on either side. Where heavy overflow is likely to occur, sufficient additional rip-rap shall be placed as directed by the Engineer to prevent the water cutting around the protection. A concrete structure may be required to protect against heavy overflow if so indicated on the drawings 30 in the report. The corrugated metal pipe shall have a hinged metal grate on the outlet end to prevent the entry of small animals. Maximum spacing between bars shall be two inches. T.8. Catchbasins Catchbasins shall be constructed, using a minimum 3,000 p.s.i. concrete with inside dimensions 2 feet square, walls and floors 6 inches thick and the bottom 18 inches below the invert of the tile or the catchbasins may be constructed of a 2 foot diameter concrete sewer pipe placed on a 6 inch slab of concrete. The catchbasin top shall be a substantial iron grate, easily removable for cleaning. Precast catchbasins and manholes may be used if prior approval is given by the Engineer. Minimum wall thickness permitted for catchbasins without reinforcement is 6" and with reinforcement is 4", provided that either is acceptable to the road authority. Where a catchbasin is located on a road allowance, the type of catchbasin and grate to be used and its proposed elevation shall be approved by the Eng- ineer, or the Road Superintendent. Catchbasins may be offset from the drain, where practical and shall have 8 inch concrete tile or metal pipe leads. Catchbasin leads shall have a minimum of 24 inches of cover. Catchbasins located on highways shall be the M.T.C. type Standard DD-702 or the M.T.C. precast type Standard DD-711. The catchbasin top shall be the M.T.C. Standard DD-706. (If required, contact the engineer for the applicable standards.) Standard DD-716-A shall apply for ditch-inlet catchbasins. All catchbasins located on Highways, County Roads and Township roads shall be backfilled with porous backfill placed to a minimum thickness of one (1) foot on all sides. The backfill material shall be satisfactorily tamped. If settling occurs after construction, the Contractor shall supply and place sufficient granular material to maintain the back- fill level flush with adjacent ground as part of the contract. Where rip-rap protection is called for at any catchbasin location, the rip-rap shall be sacked concrete and shall extend a minimum distance of 12" away from the outer edge of each side of the catchbasin, and shall be placed so that the finished surface of the rip-rap is flush with the existing ground. Unless otherwise noted the tops of all standard catchbasins shall be 6" above adjacent normal ground levels. T.9. Brush, Trees, Debris, Etc. The contract is to include the removal of all excavation of whatever nature, disposal of materials, removal and cutting of all brush, supplying of all labour and completing the whole work in accordance with the plan, profile and this specification. Any trees, necessarily removed, are to be brushed and left for the owner of the property on which they are found. All brush, limbs, etc. are to be put in piles by the Contractor and left for disposal by the owner. Where, in the opinion of the Engineer the drain or proposed location of the drain is heavily overgrown with small trees and brush, the Contractor may use a bulldozer or other such equipment to clear a minimum width of 100 feet. The resulting debris shall be placed where directed by the Engineer and left for disposal by the owner. Where roots may interfere with the new drain all such roots shall be grubbed and placed in a pile convenient for disposal by the owner. No additional payment will be made for such work. T.IO. Quicksand The Contractor shall immediately contact the Engineer or Commissioner if quicksand is encountered. The Engineer or Commissioner shall direct the Contractor to lay the tile on plank or to construct a temporary open drain to lower the water table, or to lay the tile on a crushed stone mat, or to take such other action as may appear to be necessary. The basis of payment for such extra work shall be determined by the Engineer or Commissioner. 31 T.ll. Rock The Contractor shall immediately contact the Engineer or Commissioner if boulders of sufficient size and number are encountered such that the Contractor cannot continue trenching with a tiling machine. The Engineer or Commissioner may direct the Contractor to use some other method of excavating to install the drain. The basis of payment for such extra work shall be determined by the Engineer or Commissioner. T.12. Roads On any road crossing the contractor may use original ground as backfill to within 24 inches of finished grade only if adequate compaction is obtained and if the use of original ground backfill has been approved beforehand by the affected road authority. When imported backfill is used, the excavated ground being replaced shall be disposed of within the right-of-way as directed by the road authority. If it is necessary to haul any material to another site additional payment will be allowed. For further specifications for roadway crossings refer to specification G.13. T.13 Junction Boxes Junction Boxes shall be constructed of concrete mixed one part cement to five parts clean pit run gravel. The sides, bottom and top shall be four inches (4") thick. The inside dimensions of the box shall be a minimum of one foot by one foot wide and one foot high but in no instance shall they be less than four inches larger than the diameter of the largest tile being connected. T.14. Recommended Practice for Construction of Subsurface Drainage Systems The report of the Ontario Farm Drainage Association, Construction Standards Committee, of January 1972, and its amendments, dealing with the construction of Subsurface Drainage Systems, Sections 4 to 12 inclusive, shall be the guide to all methods and materials to be used in the construction of tile drains except where superseded by other specifications of this contract. > H O 2: 0 0 fD 0 n 0 fD fD < 3 a" 3 5^ 3 C/5 ft> fD ■-I ^ cr 1— » » ^ OJ c-t- 0 in- s' V tr s' - C^ " Orq 1— » ^^ H^ vO 0 vO -a -J ^ ^j -4 •^ H o 3" > o > i-h o I' I 1-1 3 p i=r o o BILL Pr30 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Chatham Mr. McGuigan TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr30 1977 An Act respecting the City of Chatham WHEREAS The Corporation of the City of Chatham, Preamble herein called the Corporation, hereby represents that on the 1st day of November, 1976 the council of the Cor- poration gave first and second readings to By-law Number 6890 of the Corporation entitled "A By-law to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from the 1st day of January, 1978, to authorize the execution of an Agreement setting forth the terms and conditions upon which such franchise is to be granted and to obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be necessary to provide J. I. DeNure (Chatham) Limited with the profit in the exercise of such franchise to the extent set forth in the Agreement"; that the said by-law has been assented to by the municipal electors for the City of Chatham; that the council of the Corporation gave third reading to and finally passed the said by-law on the 13th day of December, 1976; and whereas the Corporation hereby applies for special legislation in respect of the matter herein- after set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Notwithstanding section 248 of The Municipal ^c/, Jyj/^^J^^ section 64 of The Ontario Municipal Board Act, and sub-^aiid section 3 of section 2 of The City of Chatham Act, 1958, ^iSi}^' By-law Number 6890 of the Corporation set forth in the ^^^^' °- ^^^ Schedule hereto, and the agreement annexed as Schedule "X" to the said By-law, are hereby declared to be valid and binding upon the Corporation, and the ratepayers and inhabitants of the City of Chatham and upon J. I. DeNure (Chatham) Limited. Application R.S.0. 1970, C.392 2. The by-law and agreement referred to in section 1 do not affect, {a) any licence granted under The Public Vehicles Act; {b) the right of a board of education to, (i) provide, operate and maintain transportation for pupils, (ii) enter into agreements for the provision of transportation of pupils ; or (c) the right of any person to provide, operate and maintain transportation of pupils pursuant to an agreement entered into under subclause ii of clause b. 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 City of Chatham Act, 1977. SCHEDULE By-law Number 6890 OF THE CORPORATION OF THE CITY OF CHATHAM A By-law to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from the 1st day of January, 1978, to authorize the execution of an Agreement setting forth the terms and conditions upon which such franchise is to be granted and to obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be neces- sary to provide J. I. DeNure (Chatham) Limited with the profit in the exercise of such franchise to the extent set forth in the Agreement. Finally Passed the 13th day of December, A.D. 1976. Whereas since the year 1948 a passenger transportation system has been operated and maintained for and on behalf of The Corporation of the City of Chatham by J. I. DeNure (Chatham) Limited under an exclusive franchise as set forth in By-laws of the City of Chatham and Agreements between the City of Chatham and J. I. DeNure (Chatham) Limited. And Whereas the current exclusive franchise to maintain and operate buses for the conveyance of passengers held by J. I. DeNure (Chatham) Limited pursuant to enabling By-law of and Agreement with The Corporation of the City of Chatham will expire on December 31, 1977. And Whereas J. I. DeNure (Chatham) Limited has requested that its exclusive franchise be extended for a further period of ten years from the 1st day of January, 1978 to the 31st day of December, 1987. And Whereas Council of The Corporation of the City of Chatham is of the opinion that the transportation system offered by J. I. DeNure (Chatham) Limited presents a transportation service on the most economical and satisfactory terms available or likely to be available over the proposed period of the exclusive franchise. And Whereas Council of The Corporation of the City of Chatham deems it advisable to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from and including the 1st day of January, 1978 but subject to certain terms and conditions as embodied by agreement. And Whereas the said Agreement will obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be necessary to provide J. I. DeNure (Chatham) Limited with a profit in the exercise of such franchise to the extent set forth in the Agreement. Be It Therefore Enacted by the Municipal Council of The Corporation of the City of Chatham as follows : 1. That The Corporation of the City of Chatham does hereby grant to J. I. DeNure (Chatham) Limited the exclusive right, franchise and privilege to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from and including the 1st day of January, 1978 to and inclusive of the 31st day of December, 1987 in, over and upon the streets or highways within the limits of the City of Chatham upon the terms and conditions as set forth in the Agreement, a copy of which is annexed hereto and marked Schedule "X". 2. That the Mayor and Clerk of The Corporation of the City of Chatham be and they are hereby authorized to execute the said Agreement annexed hereto as Schedule "X" on behalf of The Corporation of the City of Chatham and to affix the corporate seal thereto. This By-law shall come into full force and effect upon the final passing thereof and when the Agreement annexed hereto as Schedule "X" has been executed by the parties thereto. Read a First and Second Time this 1st day of November, 1976. D. G. Allin, Mayor. Wm. L. Foreman, Clerk. SCHEDULE "X" To By-law 6890 This Agreement made in duplicate this 1st day of January, 1978. Between : The Corporation of the City of Chatham, hereinafter called the "Corporation", OF THE first PART, — and— J. I. DeNure (Chatham) Limited, hereinafter called the "Contractor", OF THE second PART. Whereas the Contractor has been operating a bus transportation system for the Corporation from the year 1948 and is currently operating such bus transportation system pursuant to the terms of an Agreement between the Corporation and the Contractor dated the 13th of October, 1966, which Agreement and the Franchise granted pursuant thereto terminate on the 31st of December, 1977. And Whereas the parties hereto are desirous of entering into a further agreement to provide for the continuation of the exclusive Franchise granted to the Contractor by the Corporation on the terms and conditions herein- after set forth. WITNESSETH THAT in consideration of the premises and the covenants and agreements hereinafter contained and other good and valuable con- sideration, the parties hereto agree as follows: — 1. Subject to the due performance by the Contractor of its obligations under this Agreement, the Corporation hereby grants to the Contractor the exclusive right, franchise and privilege to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of 10 years from and including the 1st day of January, 1978 to and inclusive of the 31st day of December, 1987 and for such purpose to maintain, lease, own and operate buses and other vehicles operated by gasoline or other power together with any rolling stock and equipment necessary and incidental thereto, but upon the terms mentioned in and authorized hereby and further for such purpose to use, keep and operate such buses and vehicles upon the streets of the City of Chatham. The Franchise hereby granted relates only to the picking up, conveyance and discharge of passengers within the limits of the City of Chatham and does not extend or apply to the operation of buses operating between any point within the City of Chatham and points outside the City of Chatham where passengers are not conveyed from one point within the City of Chatham to another and does not apply to passengers conveyed within the City of Chatham by taxicab or ambulance. Without restricting the generality of the foregoing, it is understood and agreed that the Con- tractor shall have the exclusive right to pick up, convey and discharge students within the limits of the City of Chatham and the right to enter into any contract for the conveyance of students within the limits of the said City of Chatham, provided however, that The Kent County Board of Education and The Kent County Roman Catholic Separate School Board each shall have the right to pick up, convey and discharge students within the City of Chatham who are in attendance at their schools on buses owned, operated or sub- contracted for by the said Boards on condition that it is done without charge to such students. 2. During the period of this Agreement, the Contractor covenants and agrees to maintain and operate a transportation service as required by the Corporation from time to time upon such streets and upon such routes and upon such schedule as to days of the week, daily service, frequency of service, stopping places and fares as required by the Corporation, and as the Cor- poration shall by resolution determine and in the meantime, on such streets, upon such routes and upon such schedule as are set forth in the schedule presently on file with the Clerk of the Corporation and initialled by both parties; provided that the Contractor shall not be required to accept routes over unpaved streets for more than a period of one year and provided that the mileage per day shall not be reduced below what will average 125 miles per bus per day and further provided that the minimum requirements set forth in Paragraph 14 hereof shall be maintained and satisfied. The Contractor shall also provide and operate special buses at a frequency of service and at a cost to the Corporation to be mutually agreed upon and failing agreement, to be settled by arbitration to be provided for by Section 20 hereof. The Corporation agrees to consult with the Contractor with respect to proposed changes in routes and schedules but the decision of the Corporation in this regard shall be final. The Corporation will give the Contractor reasonable notice of any changes in routes and schedules and the Corporation shall cause any such changes to be properly advertised and posted at its expense. 3. All vehicles used or operated under the authority of this Agreement shall be at all times fully equipped with approved safety devices and shall be kept and maintained in first class, serviceable condition and present at all times a good appearance and all vehicles while in operation shall be kept in a clean, sanitary condition. Notwithstanding the generality of the fore- going, such buses shall be lighted and heated at such hours and at such periods of the year as may be necessary. 4. The Contractor shall before operating any vehicles under the authority of this Agreement, obtain from the Board of Commissioners of Police for the City of Chatham, a Ucense for each vehicle and shall pay the requisite fee for such license or licenses. The Contractor shall maintain such licenses and permits as may be necessary to carry out its obligations under this Agreement. 5. The Contractor will indemnify and save harmless the Corporation from any and all claims or demands made or brought against the Cor- poration by any person or persons for damages arising out of the maintenance and operation of buses by the Contractor for the conveyance of passengers within the limits of the City of Chatham or other operations carried on by the Contractor within the limits of the City of Chatham, save and except those claims or demands which arise from the negligence of the Corporation, its servants and agents. The Contractor shall maintain public liability insurance and property damage coverage, inclusive in the minimum amount of $5,000,000.00 for any one occurrence and shall file proof of such insurance with the Clerk of the Corporation, provided however, that the amount of such insurance coverage shall be reviewed annually by the parties and shall be subject to increase as may be mutually agreed upon to provide reasonable coverage for the parties. 6. The Corporation agrees to pass such by-laws as the Corporation in its sole and untrammelled opinion and discretion deems to be essential to conduct a proper transportation system in, over and upon the streets or highways within the limits of the City of Chatham. 7. The Corporation shall during the terms of this Agreement by by-law provide sufficient bus stops as the Contractor may require to conduct its business of carrying passengers as may be agreed upon between the parties hereto and the Corporation shall adequately mark and maintain said bus stops at its expense. The Corporation shall provide for the reservation of such bus stops for the use of the buses of the Contractor during scheduled hours and shall prohibit parking on such reserved spaces during the said scheduled hours. The Corporation shall post such signs and notices at bus stops as shall be required by the Corporation or as shall be mutually agreed upon. 8. The Corporation shall during the term of this Agreement by by-law regulate traffic in the City of Chatham to enable the Contractor to operate its buses efficiently. The Corporation agrees to assist the Contractor in preventing railroads from blocking streets or highways for periods of over 5 minutes at one time except as permitted by law. 9. The Corporation agrees to keep all streets and highways upon which the Contractor is operating regular routes under the terms hereof in a reason- ably good state of repair at all times and if by reason of unusual weather con- ditions or other circumstances, any of such streets or highways become impassable, then in such event, the Corporation agree to act as promptly as is possible in making such streets or highway passable. Until such con- dition as caused by unusual weather conditions or other circumstances is remedied, the Contractor may on notice to the City Manager of the Cor- poration, re-route its buses over such other streets or highways in the City of Chatham as in the opinion of the Contractor may be deemed advisable. 10. During the term of this Agreement or until the termination thereof the Corporation shall not in any way depreciate the right, privilege or franchise hereby granted, and shall not grant or permit to be granted to any other person, partnership, firm or corporation, any right, privilege, license or franchise to construct, maintain, use or operate any lines of railway for local passenger trips, or any bus, jitney or other similar vehicles for the purpose of transporting passengers for gain or hire, the operation of which will come into competition with the transportation system of the Contractor. Provided that any such grant to operate a bus or jitney or other similar vehicle between any points in the City and any locality outside of the City not served by the transportation system of the Contractor shall not be deemed to depreciate the said right, privilege or franchise. In no case shall any bus, jitney or similar vehicle be permitted to take on passengers within the City and discharge the said passengers within the City. Provided further that this section shall not apply to any ordinary cabs or taxicabs kept for hire and used for transportation not over a fixed route, at fares fixed by the Board of Police Commissioners of the City of Chatham. In the event of any transportation of passengers over which the Corporation has no power or control, then the Corporation is not to be held liable for any loss or damage sustained by the Contractor by reason thereof. 11. The rate of fares for conveyance of passengers shall be, (a) Adult Fare— .30^ cash or 4 tickets for $1.00. (b) Children being transported to and from Elementary and Secondary Schools on school days only — .20^ cash or 6 tickets for $1.00. (f) Children under 12 years in age, at all times — .20^ cash or 6 tickets for $1.00. (d) Senior Citizens at all times — .20^ cash or 6 tickets for $1.00. (e) Children under 5 years of age — free when accompanied by an adult person. For the purposes of this Agreement, a Senior Citizen is one who has attained the age of 65 years and who produces an identification card identifying him as such a person. The Contractor shall collect the fares in accordance with the foregoing schedule on behalf of the Corporation and all revenue collected for trans- portation provided pursuant to the terms of this Agreement shall be the property of the Corporation and delivery of such revenue shall be made when and where the Corporation may require. The fares in accordance with the foregoing shall not be changed, altered or otherwise varied by the parties hereto except by Council of the Cor- poration as expressed by resolution. 12. The Corporation covenants to pay to the Contractor, a price for each mile its buses are operated in providing the transportation service required hereunder (excluding mileage for special buses and chartered trips within the City) determined as hereinafter set forth. The mileage to be paid for shall be determined on a basis whereby the distances of the routes travelled are logged by both parties and in default of agreement to be settled by arbitration as hereinafter set forth. The total number of trips over such routes are counted and the mileage shall be determined by multiplying the mileage distance of the routes by the number of trips made over each of such routes. Payments on account of the price per mile shall be made every two weeks according to the mileage logged during the immediately preceding two weeks. The price per mile shall be determined by January 1 and July 1 of each year by adding to the cost as determined by audited statements dated December 31 and June 30, immediately preceding based on the cost factors hsted under Column "Item" in Schedule "A" hereto, 3.3^ per mile, provided however, that in lieu of the actual cost of wages as set forth in such schedule, 8 the estimated actual cost of wages for the succeeding six month period shall be used in the determination of the price per mile. When the audited statement at the end of each six months has been prepared and released, an adjustment shall be made so as to bring the payments made over the previous six months to the actual cost per mile plus 3.3(f. per mile. Any payment due to either party on such adjustment shall be made within thirty days after demand therefor. Semi-annual auditor's statements of the Contractor's operations under this Agreement shall be furnished to the Corporation within 30 days from the end of the six month period immediately preceding and all business records of the Contractor pertaining to operations by the Contractor under the terms of this Agreement shall be made available if requested, by the Corporation to the Corporation or its auditors. The operating costs and depreciation charges in respect of the special buses referred to in Paragraph 2 of this Agreement shall be excluded in cal- culating operating costs per mile, but these costs and charges shall be billed to and paid by the Corporation as may be mutually agreed upon. If after the payments of the stipulated price per mile is made to the Contractor as herein provided there then remains a surplus of receipts from fares in any calendar year. The surplus up to what would amount to 3 I" o < 3 ?i. cr >i 1-1 ir«i 1— k S) S>- 1' o B' n l-t-" n p p 3 BILL Pr30 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Chatham Mr. McGuigan [Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr30 1977 An Act respecting the City of Chatham WHEREAS The Corporation of the City of Chatham, Preamble herein called the Corporation, hereby represents that on the 1st day of November, 1976 the council of the Cor- poration gave first and second readings to By-law Number 6890 of the Corporation entitled "A By-law to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from the 1st day of January, 1978, to authorize the execution of an Agreement setting forth the terms and conditions upon which such franchise is to be granted and to obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be necessary to provide J. I. DeNure (Chatham) Limited with the profit in the exercise of such franchise to the extent set forth in the Agreement"; that the said by-law has been assented to by the municipal electors for the City of Chatham; that the council of the Corporation gave third reading to and finally passed the said by-law on the 13th day of December, 1976; and whereas the Corporation hereby applies for special legislation in respect of the matter herein- after set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Notwithstanding section 248 of The Municipal Act,'^l^\l^^f^ section 64 of The Ontario Municipal Board Act, and sub- valid section 3 of section 2 of The City of Chatham Act, 1958,f^SiS' By-law Number 6890 of the Corporation set forth in the^^^'°-^^ Schedule hereto, and the agreement annexed as Schedule "X" to the said By-law, are hereby declared to be valid and binding upon the Corporation, and the ratepayers and inhabitants of the City of Chatham and upon J. I. DeNure (Chatham) Limited. Application 2. The by-law and agreement referred to in section 1 do not affect, R.s.o. 1970, [a) any licence granted under The Public Vehicles Act; {b) the right of a school board to, (i) provide, operate and maintain vehicles for the transportation of pupils, (ii) enter into agreements for the provision of transportation of pupils; or (c) the right of any person to provide, operate and maintain vehicles for the transportation of pupils pursuant to an agreement entered into under sub- clause ii of clause b. Commence- 3^ Xhis Act comes into force on the day it receives Royal Assent. Short title 4, The short title of this Act is The City of Chatham Act. 1977. SCHEDULE By-law Number 6890 OF THE CORPORATION OF THE CITY OF CHATHAM A By-law to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from the 1st day of January, 1978, to authorize the execution of an Agreement setting forth the terms and conditions upon which such franchise is to be granted and to obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be neces- sary to provide J. I. DeNure (Chatham) Limited with the profit in the exercise of such franchise to the extent set forth in the Agreement. Finally Passed the 13th day of December, A.D. 1976. Whereas since the year 1948 a passenger transportation system has been operated and maintained for and on behalf of The Corporation of the City of Chatham by J. I. DeNure (Chatham) Limited under an exclusive franchise as set forth in By-laws of the City of Chatham and Agreements between the City of Chatham and J. I. DeNure (Chatham) Limited. And Whereas the current exclusive franchise to maintain and operate buses for the conveyance of passengers held by J. I. DeNure (Chatham) Limited pursuant to enabling By-law of and Agreement with The Corporation of the City of Chatham will expire on December 31, 1977. And Whereas J. I. DeNure (Chatham) Limited has requested that its exclusive franchise be extended for a further period of ten years from the 1st day of January, 1978 to the 31st day of December, 1987. And Whereas Council of The Corporation of the City of Chatham is of the opinion that the transportation system offered by J. I. DeNure (Chatham) Limited presents a transportation service on the most economical and satisfactory terms available or likely to be available over the proposed period of the exclusive franchise. And Whereas Council of The Corporation of the City of Chatham deems it advisable to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from and including the 1st day of January, 1978 but subject to certain terms and conditions as embodied by agreement. And Whereas the said Agreement will obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be necessary to provide J. I. DeNure (Chatham) Limited with a profit in the exercise of such franchise to the extent set forth in the Agreement. Be It Therefore Enacted by the Municipal Council of The Corporation of the City of Chatham as follows : 1. That The Corporation of the City of Chatham does hereby grant to J. I. DeNure (Chatham) Limited the exclusive right, franchise and privilege to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from and including the 1st day of January, 1978 to and inclusive of the 31st day of December, 1987 in, over and upon the streets or highways within the limits of the City of Chatham upon the terms and conditions as set forth in the Agreement, a copy of which is annexed hereto and marked Schedule "X". 2. That the Mayor and Clerk of The Corporation of the City of Chatham be and they are hereby authorized to execute the said Agreement annexed hereto as Schedule "X" on behalf of The Corporation of the City of Chatham and to affix the corporate seal thereto. This By-law shall come into full force and effect upon the final passing thereof and when the Agreement annexed hereto as Schedule "X" has been executed by the parties thereto. Read a First and Second Time this 1st day of November, 1976. D. G. Allin, Mayor. Wm. L. Foreman, Clerk. SCHEDULE "X" To By-law 6890 This Agreement made in duplicate this 1st day of January, 1978. Between : The Corporation of the City of Chatham, hereinafter called the "Corporation", of the first part, — and — J. I. DeNure (Chatham) Limited, hereinafter called the "Contractor", of the second part. Whereas the Contractor has been operating a bus transportation system for the Corporation from the year 1948 and is currently operating such bus transportation system pursuant to the terms of an Agreement between the Corporation and the Contractor dated the 13th of October, 1966, which Agreement and the Franchise granted pursuant thereto terminate on the 31st of December, 1977. And Whereas the parties hereto are desirous of entering into a further agreement to provide for the continuation of the exclusive Franchise granted to the Contractor by the Corporation on the terms and conditions herein- after set forth. WITNESSETH THAT in consideration of the premises and the covenants and agreements hereinafter contained and other good and valuable con- sideration, the parties hereto agree as follows: — 1. Subject to the due performance by the Contractor of its obligations under this Agreement, the Corporation hereby grants to the Contractor the exclusive right, franchise and privilege to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of 10 years from and including the 1st day of January, 1978 to and inclusive of the 31st day of December, 1987 and for such purpose to maintain, lease, own and operate buses and other vehicles operated by gasoline or other power together with any rolling stock and equipment necessary and incidental thereto, but upon the terms mentioned in and authorized hereby and further for such purpose to use, keep and operate such buses and vehicles upon the streets of the City of Chatham. The Franchise hereby granted relates only to the picking up, conveyance and discharge of passengers within the limits of the City of Chatham and does not extend or apply to the operation of buses operating between any point within the City of Chatham and points outside the City of Chatham where passengers are not conveyed from one point within the City of Chatham to another and does not apply to passengers conveyed within the City of Chatham by taxicab or ambulance. Without restricting the generality of the foregoing, it is understood and agreed that the Con- tractor shall have the exclusive right to pick up, convey and discharge students within the limits of the City of Chatham and the right to enter into any contract for the conveyance of students within the limits of the said City of Chatham, provided however, that The Kent County Board of Education and The Kent County Roman Catholic Separate School Board each shall have the right to pick up, convey and discharge students within the City of Chatham who are in attendance at their schools on buses owned, operated or sub- contracted for by the said Boards on condition that it is done without charge to such students. 2. During the period of this Agreement, the Contractor covenants and agrees to maintain and operate a transportation service as required by the Corporation from time to time upon such streets and upon such routes and upon such schedule as to days of the week, daily service, frequency of service, stopping places and fares as required by the Corporation, and as the Cor- poration shall by resolution determine and in the meantime, on such streets, upon such routes and upon such schedule as are set forth in the schedule presently on file with the Clerk of the Corporation and initialled by both parties; provided that the Contractor shall not be required to accept routes over unpaved streets for more than a period of one year and provided that the mileage per day shall not be reduced below what will average 125 miles per bus per day and further provided that the minimum requirements set forth in Paragraph 14 hereof shall be maintained and satisfied. The Contractor shall also provide and operate special buses at a frequency of service and at a cost to the Corporation to be mutually agreed upon and failing agreement, to be settled by arbitration to be provided for by Section 20 hereof. The Corporation agrees to consult with the Contractor with respect to proposed changes in routes and schedules but the decision of the Corporation in this regard shall be final. The Corporation will give the Contractor reasonable notice of any changes in routes and schedules and the Corporation shall cause any such changes to be properly advertised and posted at its expense. 3. All vehicles used or operated under the authority of this Agreement shall be at all times fully equipped with approved safety devices and shall be kept and maintained in first class, serviceable condition and present at all times a good appearance and all vehicles while in operation shall be kept in a clean, sanitary condition. Notwithstanding the generality of the fore- going, such buses shall be lighted and heated at such hours and at such periods of the year as may be necessary. 4. The Contractor shall before operating any vehicles under the authority of this Agreement, obtain from the Board of Commissioners of Police for the City of Chatham, a license for each vehicle and shall pay the requisite fee for such license or licenses. The Contractor shall maintain such licenses and permits as may be necessary to carry out its obligations under this Agreement. 5. The Contractor will indemnify and save harmless the Corporation from any and all claims or demands made or brought against the Cor- poration by any person or persons for damages arising out of the maintenance and operation of buses by the Contractor for the conveyance of passengers within the limits of the City of Chatham or other operations carried on by the Contractor within the limits of the City of Chatham, save and except those claims or demands which arise from the negligence of the Corporation, its servants and agents. The Contractor shall maintain public liability insurance and property damage coverage, inclusive in the minimum amount of $5,000,000.00 for any one occurrence and shall file proof of such insurance with the Clerk of the Corporation, provided however, that the amount of such insurance coverage shall be reviewed annually by the parties and shall be subject to increase as may be mutually agreed upon to provide reasonable coverage for the parties. 6. The Corporation agrees to pass such by-laws as the Corporation in its sole and untrammelled opinion and discretion deems to be essential to conduct a proper transportation system in, over and upon the streets or highways within the limits of the City of Chatham. 7. The Corporation shall during the terms of this Agreement by by-law provide sufficient bus stops as the Contractor may require to conduct its business of carrying passengers as may be agreed upon between the parties hereto and the Corporation shall adequately mark and maintain said bus stops at its expense. The Corporation shall provide for the reservation of such bus stops for the use of the buses of the Contractor during scheduled hours and shall prohibit parking on such reserved spaces during the said scheduled hours. The Corporation shall post such signs and notices at bus stops as shall be required by the Corporation or as shall be mutually agreed upon. 8. The Corporation shall during the term of this Agreement by by-law regulate traffic in the City of Chatham to enable the Contractor to operate its buses efficiently. The Corporation agrees to assist the Contractor in preventing railroads from blocking streets or highways for periods of over 5 minutes at one time except as permitted by law. 9. The Corporation agrees to keep all streets and highways upon which the Contractor is operating regular routes under the terms hereof in a reason- ably good state of repair at all times and if by reason of unusual weather con- ditions or other circumstances, any of such streets or highways become impassable, then in such event, the Corporation agree to act as promptly as is possible in making such streets or highway passable. Until such con- dition as caused by unusual weather conditions or other circumstances is remedied, the Contractor may on notice to the City Manager of the Cor- poration, re-route its buses over such other streets or highways in the City of Chatham as in the opinion of the Contractor may be deemed advisable. 10. During the term of this Agreement or until the termination thereof the Corporation shall not in any way depreciate the right, privilege or franchise hereby granted, and shall not grant or permit to be granted to any other person, partnership, firm or corporation, any right, privilege, license or franchise to construct, maintain, use or operate any lines of railway for local passenger trips, or any bus, jitney or other similar vehicles for the purpose of transporting passengers for gain or hire, the operation of which will come into competition with the transportation system of the Contractor. Provided that any such grant to operate a bus or jitney or other similar vehicle between any points in the City and any locality outside of the City not served by the transportation system of the Contractor shall not be deemed to depreciate the said right, privilege or franchise. In no case shall any bus, jitney or similar vehicle be permitted to take on passengers within the City and discharge the said passengers within the City. Provided further that this section shall not apply to any ordinary cabs or taxicabs kept for hire and used for transportation not over a fixed route, at fares fixed by the Board of Police Commissioners of the City of Chatham. In the event of any transportation of passengers over which the Corporation has no power or control, then the Corporation is not to be held liable for any loss or damage sustained by the Contractor by reason thereof. 11. The rate of fares for conveyance of passengers shall be, (a) Adult Fare — .30^ cash or 4 tickets for $1.00. (b) Children being transported to and from Elementary and Secondary Schools on school days only — .20^ cash or 6 tickets for $1.00. (c) Children under 12 years in age, at all times — .204 cash or 6 tickets for $1.00. (d) Senior Citizens at all times — .20(/ cash or 6 tickets for $1.00. (e) Children under 5 years of age — free when accompanied by an adult person. For the purposes of this Agreement, a Senior Citizen is one who has attained the age of 65 years and who produces an identification card identifying him as such a person. The Contractor shall collect the fares in accordance with the foregoing schedule on behalf of the Corporation and all revenue collected for trans- portation provided pursuant to the terms of this Agreement shall be the property of the Corporation and delivery of such revenue shall be made when and where the Corporation may require. The fares in accordance with the foregoing shall not be changed, altered or otherwise varied by the parties hereto except by Council of the Cor- poration as expressed by resolution. 12. The Corporation covenants to pay to the Contractor, a price for each mile its buses are operated in providing the transportation service required hereunder (excluding mileage for special buses and chartered trips within the City) determined as hereinafter set forth. The mileage to be paid for shall be determined on a basis whereby the distances of the routes travelled are logged by both parties and in default of agreement to be settled by arbitration as hereinafter set forth. The total number of trips over such routes are counted and the mileage shall be determined by multiplying the mileage distance of the routes by the number of trips made over each of such routes. Payments on account of the price per mile shall be made every two weeks according to the mileage logged during the immediately preceding two weeks. The price per mile shall be determined by January 1 and July 1 of each year by adding to the cost as determined by audited statements dated December 31 and June 30, immediately preceding based on the cost factors listed under Column "Item" in Schedule "A" hereto, 3.3^ per mile, provided however, that in lieu of the actual cost of wages as set forth in such schedule, 8 the estimated actual cost of wages for the succeeding six month period shall be used in the determination of the price per mile. When the audited statement at the end of each six months has been prepared and released, an adjustment shall be made so as to bring the payments made over the previous six months to the actual cost per mile plus 3.34. P^r mile. Any payment due to either party on such adjustment shall be made within thirty days after demand therefor. Semi-annual auditor's statements of the Contractor's operations under this Agreement shall be furnished to the Corporation within 30 days from the end of the six month period immediately preceding and all business records of the Contractor pertaining to operations by the Contractor under the terms of this Agreement shall be made available if requested, by the Corporation to the Corporation or its auditors. The operating costs and depreciation charges in respect of the special buses referred to in Paragraph 2 of this Agreement shall be excluded in cal- culating operating costs per mile, but these costs and charges shall be billed to and paid by the Corporation as may be mutually agreed upon. If after the payments of the stipulated price per mile is made to the Contractor as herein provided there then remains a surplus of receipts from fares in any calendar year. The surplus up to what would amount to 3^ per mile of operation (in respect of the amount of mileage upon which the Contractor is being paid as set forth in this paragraph) in such calendar year shall be and remain the property of the Corporation and should there be any surplus over the amount as is reserved to the Corporation, such additional surplus shall be divided equally between the parties. 13. The Contractor covenants and agrees that prior to entering into any new employment contract with its employees which might affect the terms of this Agreement or the payments to be made by the Corporation to the Contractor hereunder, the Contractor will obtain the approval of the Cor- poration to the terms of such new employment contract. The Contractor further covenants and agrees that salaries for management which might affect the terms of this Agreement or the payments to be made by the Cor- poration to the Contractor hereunder, shall not be changed except in accordance with Paragraph 21 hereof. 14. The Contractor covenants and agrees to put in service a minimum of seven modem buses in good condition and to have ready at all times for service, three spare buses also in good condition; the Contractor covenants and agrees to expand and extend its service to meet all requirements of a passenger transportation system within the limits of the City of Chatham from time to time and for this purpose to obtain such further new buses sub- ject to an allowance of reasonable time to obtain delivery thereof. 15. The performance under this Agreement by the Contractor as to the service to be provided by it shall be excused during such time as performance may be rendered impossible by strike, disaster, act of God, or act of the Cor- poration or other cause beyond the control of the Contractor. 16. The Contractor" shall not assign this Agreement and /or sell its capital assets which are required for the due performance of its obligations hereunder to any person, corporation or entity without the express consent of the Corporation as expressed by resolution of Council. 17. In the event that either party does not fully perform its obligations hereunder and fails to correct the default within 10 days of receiving a written demand to do so or in the event that the Contractor fails to operate the passenger transportation system and fails to correct that default within 72 hours of receiving a written demand to do so and provided that any such default as herein set out is not exonerated by virtue of Paragraph 15 hereof then the other party may forthwith terminate this Agreement by giving the defaulting party a notice in writing to this effect. 18. Either Party may terminate its obHgations under this Agreement after December 31st, 1978 or any December 31st thereafter upon giving at least six months' notice in writing to the other Party prior to the December 31st of the year in which the Agreement is to be terminated. If this Agree- ment is terminated by the Corporation prior to December 31st, 1987, except where terminated by reason of default of the Contractor, the Cor- poration shall, if requested by the Contractor, purchase all buses owned by the Contractor, used in the City service under this Agreement, at their then book value as established by the auditors' records prepared for the Contractor at the time. The Contractor agrees that in its accounting, its buses shall be depreciated ten percent of cost per annum for a period of ten years from the date of purchase of each bus, and that when, in respect of each bus, the ten-year period has expired, no charge for depreciation of such bus shall thereafter be included in its operating costs. 19. The Corporation agrees to apply to the Province of Ontario for such powers as will enable it to do, perform and carry out each and every of the Agreements and covenants on its part as herein contained. 20. If at any time during or after the term of the Agreement any dispute, difference or question shall arise between the parties hereto, or any of their representatives, touching this Agreement, or any part thereof, or the construction, meaning or effect of this Agreement or any part thereof, or anything herein contained, or the rights or liabilities of the parties, or their representatives, under this Agreement or otherwise, in relation to the premises, and if said matter cannot be settled by the parties hereto by negotiation, then every such dispute, difference or question shall be referred to a single arbitrator, if the parties agree upon one, otherwise to three arbitrators, one to be appointed by each party to the reference, and the third arbitrator to be appointed by the other two arbitrators, in writing before they enter upon the business of the reference. If either party shall refuse, or neglect to appoint an arbitrator within thirty days after the other party shall have appointed an arbitrator, and shall have served a written notice upon the first mentioned party requiring such party to make such appointment, then the arbitrator first appointed shall, at the request of the party appointing him, proceed to hear and determine the matter in difference as if he were a single arbitrator appointed by both parties for the purpose and the award or determination which shall be final and binding on the parties herein, their successors and assigns, and shall not be subject to appeal to any Court or Courts. ' 21. The parties agree that the percentages and the allocation for management provided in Schedule "A" hereto may be changed by mutual agreement, and in the event that either party desires a change in any of such percentage figures or allocation to which the other party does not agree, the proposed change in the percentage or allocation shall be sub- mitted to and settled by arbitration as provided for in Section 20 hereof. The allowance (which is set at 3.3<^ per mile as set forth on Schedule "A" and referred to in Paragraph 12 hereof) may be changed by the mutual agreement of the parties hereto but it is not an item which may be submitted to arbitration in default of agreement thereon. 22. The Corporation and the Contractor agree that the Contractor, its servants, agents and employees shall under no circumstances be deemed agents or representatives of the Corporation and except as the Corporation may specifically authorize in writing shall have no right to enter into any contracts or commitments in the name of or on behalf of the Corporation or to bind the Corporation in any respect whatsoever. 10 23. This Agreement shall be governed in accordance with the laws of the Province of Ontario. 24. Any notice required or permitted to be given under this Agreement shall be in writing and shall be given by any means reasonably calculated to reach the other party, including without limiting the generality of the foregoing, telegram, cablegram or prepaid mail addressed at its address. Such notice if given by telegram or cablegram shall be deemed to have been received on the day following the dispatch thereof and the notice given as aforesaid by prepaid mail shall be deemed to have been received not later than the second day following the mailing thereof. For the purpose of this Agreement, the address of the Corporation shall be as follows: City Hall, P.O. Box 640, Chatham, Ontario, and the address of the Contractor shall be as follows : 165 King Street East, Chatham, Ontario. Either party by notice in writing given as hereinbefore provided may change its address for notice hereunder and such address as so changed shall be deemed to be the address of such party for the purposes of notice hereunder. 25. The Contractor shall not be prohibited by this Agreement from conducting its operations by way of charter bus operation within the City of Chatham, provided however, that such charter bus operation shall not in any way affect or be in competition with any services to be provided by the Contractor under this Agreement. 26. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and assigns. In Witness Whereof the parties hereto have hereunto affixed their corporate seals duly attested by the hands of their proper officers. Signed, Sealed and Delivered The Corporation of the City of in the presence of Chatham Mayor Clerk J. I. DeNure (Chatham) Limited 11 SCHEDULE "A" STATEMENT OF OPERATING COSTS CHARGED TO CITY RUNS PERIOD OF SIX MONTHS ENDED y Basis of Amount Calculation Charged Bus sundry expense 20% Garage supplies & expenses 20% Gasoline or diesel fuel Actual Cost Grease & oil 20% Insurance-buses-fire, theft & liability (liability-public liability and prop- erty damage up to $5,000,000.00 in- clusive) Actual Cost Licences Actual Cost Bus repairs, parts 20% Bus repairs, tires 1 ^ per mile travelled Taxes property and business 20% Unemployment insurance Actual Cost Uniforms 60% Wages Actual Cost Water 50% Depreciation provisions Building- 10% of depreciated value (declining balance method) Buses- 10% of cost price to contractor (straight line method) Service truck -50% of depreciation based on 20% of depreciated value (declining balance method) Radios- 10% of cost price to contractor (straight line method) Management 40% Accounting 20% General Expense 20% Group insurance, OHIP and compensation Actual Cost Light and heat 20% Office expense 20% Pension Fund 5% of wages Parking Lot rent 20% Stationery and printing Actual Cost Telephone 20% Insurance on buildings 20% Body shop labour Actual Cost Total Calculation of price per mile -— (a) Miles travelled in City operations (6) Charged to City operations (c) Cost per mile - City operations {d) Allowance 3.3 ^ Price per mile is (c) plus {d) = W >3 ^ C/) ^ s CO «> S-. 8 ri 5^ o» r^i 5^ o o- o ^ § «-t. § r . St li. 54. o O a o > Uj Ki >«: s Si- ?4- >3 >3 <^ «> S) » Si- o < B re ^ Qnq > 3 O c-t- 5' GTQ 13- ft) n o O iir r-K in- BILL Pr30 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Chatham Mr. McGuigan TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr30 1977 An Act respecting the City of Chatham WHEREAS The Corporation of the City of Chatham, Preamble herein called the Corporation, hereby represents that on the 1st day of November, 1976 the council of the Cor- poration gave first and second readings to By-law Number 6890 of the Corporation entitled "A By-law to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from the 1st day of January, 1978, to authorize the execution of an Agreement setting forth the terms and conditions upon which such franchise is to be granted and to obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be necessary to provide J. I. DeNure (Chatham) Limited with the profit in the exercise of such franchise to the extent set forth in the Agreement"; that the said by-law has been assented to by the municipal electors for the City of Chatham; that the council of the Corporation gave third reading to and finally passed the said by-law on the 13th day of December, 1976; and whereas the Corporation hereby applies for special legislation in respect of the matter herein- after set forth; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Notwithstanding section 248 of The Municipal Act,ll^l^^f^ section 64 of The Ontario Municipal Board Act, and sub-^*iid R S O 1970 section 3 of section 2 of The City of Chatham Act, 7955, cc. 284,323' By-law Number 6890 of the Corporation set forth in the^^^'°-^^ Schedule hereto, and the agreement annexed as Schedule "X" to the said By-law, are hereby declared to be valid and binding upon the Corporation, and the ratepayers and inhabitants of the City of Chatham and upon J. L DeNure (Chatham) Limited. Application R.S.0. 1970, C.392 2. The by-law and agreement referred to in section 1 do not affect, {a) any licence granted under The Public Vehicles Act; (b) the right of a school board to, (i) provide, operate and maintain vehicles for the transportation of pupils, (ii) enter into agreements for the provision of transportation of pupils; or (c) the right of any person to provide, operate and maintain vehicles for the transportation of pupils pursuant to an agreement entered into under sub- clause ii of clause b. Commence- ment 3. This Act comes into force on the day it receives Royal Assent. Short title 4. The short title of this Act is The City of Chatham Act, 1977. SCHEDULE By-law Number 6890 OF THE CORPORATION OF THE CITY OF CHATHAM A By-law to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from the 1st day of January, 1978, to authorize the execution of an Agreement setting forth the terms and conditions upon which such franchise is to be granted and to obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be neces- sary to provide J. I. DeNure (Chatham) Limited with the profit in the exercise of such franchise to the extent set forth in the Agreement. Finally Passed the 13th day of December, A.D. 1976. Whereas since the year 1948 a passenger transportation system has been operated and maintained for and on behalf of The Corporation of the City of Chatham by J. I. DeNure (Chatham) Limited under an exclusive franchise as set forth in By-laws of the City of Chatham and Agreements between the City of Chatham and J. I. DeNure (Chatham) Limited. And Whereas the current exclusive franchise to maintain and operate buses for the conveyance of passengers held by J. I. DeNure (Chatham) Limited pursuant to enabling By-law of and Agreement with The Corporation of the City of Chatham will expire on December 31, 1977. And Whereas J. I. DeNure (Chatham) Limited has requested that its exclusive franchise be extended for a further period of ten years from the 1st day of January, 1978 to the 31st day of December, 1987. And Whereas Council of The Corporation of the City of Chatham is of the opinion that the transportation system offered by J. I. DeNure (Chatham) Limited presents a transportation service on the most economical and satisfactory terms available or likely to be available over the proposed period of the exclusive franchise. And Whereas Council of The Corporation of the City of Chatham deems it advisable to grant to J. I. DeNure (Chatham) Limited an exclusive franchise to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from and including the 1st day of January, 1978 but subject to certain terms and conditions as embodied by agreement. And Whereas the said Agreement will obligate The Corporation of the City of Chatham to pay annually to J. I. DeNure (Chatham) Limited such amount of money as may be necessary to provide J. I. DeNure (Chatham) Limited with a profit in the exercise of such franchise to the extent set forth in the Agreement. Be It Therefore Enacted by the Municipal Council of The Corporation of the City of Chatham as follows : 1. That The Corporation of the City of Chatham does hereby grant to J. I. DeNure (Chatham) Limited the exclusive right, franchise and privilege to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of ten years from and including the 1st day of January, 1978 to and inclusive of the 31st day of December, 1987 in, over and upon the streets or highways within the Hmits of the City of Chatham upon the terms and conditions as set forth in the Agreement, a copy of which is annexed hereto and marked Schedule "X". 2. That the Mayor and Clerk of The Corporation of the City of Chatham be and they are hereby authorized to execute the said Agreement annexed hereto as Schedule "X" on behalf of The Corporation of the City of Chatham and to affix the corporate seal thereto. This By-law shall come into full force and effect upon the final passing thereof and when the Agreement annexed hereto as Schedule "X" has been executed by the parties thereto. Read a First and Second Time this 1st day of November, 1976. D. G. Allin, Mayor. Wm. L. Foreman, Clerk. SCHEDULE "X" To By-law 6890 This Agreement made in duplicate this 1st day of January, 1978. Between : The Corporation of the City of Chatham, hereinafter called the "Corporation", OF the first part, — and — J. I. DeNure (Chatham) Limited, hereinafter called the "Contractor", OF the second part. Whereas the Contractor has been operating a bus transportation system for the Corporation from the year 1948 and is currently operating such bus transportation system pursuant to the terms of an Agreement between the Corporation and the Contractor dated the 13th of October, 1966, which Agreement and the Franchise granted pursuant thereto terminate on the 31st of December, 1977. And Whereas the parties hereto are desirous of entering into a further agreement to provide for the continuation of the exclusive Franchise granted to the Contractor by the Corporation on the terms and conditions herein- after set forth. WITNESSETH THAT in Consideration of the premises and the covenants and agreements hereinafter contained and other good and valuable con- sideration, the parties hereto agree as follows: — 1. Subject to the due performance by the Contractor of its obUgations under this Agreement, the Corporation hereby grants to the Contractor the exclusive right, franchise and privilege to maintain and operate buses for the conveyance of passengers within the limits of the City of Chatham for a period of 10 years from and including the 1st day of January, 1978 to and inclusive of the 31st day of December, 1987 and for such purpose to maintain, lease, own and operate buses and other vehicles operated by gasoline or other power together with any rolling stock and equipment necessary and incidental thereto, but upon the terms mentioned in and authorized hereby and further for such purpose to use, keep and operate such buses and vehicles upon the streets of the City of Chatham. The Franchise hereby granted relates only to the picking up, conveyance and discharge of passengers within the limits of the City of Chatham and does not extend or apply to the operation of buses operating between any point within the City of Chatham and points outside the City of Chatham where passengers are not conveyed from one point within the City of Chatham to another and does not apply to passengers conveyed within the City of Chatham by taxicab or ambulance. Without restricting the generality of the foregoing, it is understood and agreed that the Con- tractor shall have the exclusive right to pick up, convey and discharge students within the Hmits of the City of Chatham and the right to enter into any contract for the conveyance of students within the limits of the said City of Chatham, provided however, that The Kent County Board of Education and The Kent County Roman Catholic Separate School Board each shall have the right to pick up, convey and discharge students within the City of Chatham who are in attendance at their schools on buses owned, operated or sub- contracted for by the said Boards on condition that it is done without charge to such students. 2. During the period of this Agreement, the Contractor covenants and agrees to maintain and operate a transportation service as required by the Corporation from time to time upon such streets and upon such routes and upon such schedule as to days of the week, daily service, frequency of service, stopping places and fares as required by the Corporation, and as the Cor- poration shall by resolution determine and in the meantime, on such streets, upon such routes and upon such schedule as are set forth in the schedule presently on file with the Clerk of the Corporation and initialled by both parties; provided that the Contractor shall not be required to accept routes over unpaved streets for more than a period of one year and provided that the mileage per day shall not be reduced below what will average 125 miles per bus per day and further provided that the minimum requirements set forth in Paragraph 14 hereof shall be maintained and satisfied. The Contractor shall also provide and operate special buses at a frequency of service and at a cost to the Corporation to be mutually agreed upon and failing agreement, to be settled by arbitration to be provided for by Section 20 hereof. The Corporation agrees to consult with the Contractor with respect to proposed changes in routes and schedules but the decision of the Corporation in this regard shall be final. The Corporation will give the Contractor reasonable notice of any changes in routes and schedules and the Corporation shall cause any such changes to be properly advertised and posted at its expense. 3. All vehicles used or operated under the authority of this Agreement shall be at all times fully equipped with approved safety devices and shall be kept and maintained in first class, serviceable condition and present at all times a good appearance and all vehicles while in operation shall be kept in a clean, sanitary condition. Notwithstanding the generality of the fore- going, such buses shall be lighted and heated at such hours and at such periods of the year as may be necessary. 4. The Contractor shall before operating any vehicles under the authority of this Agreement, obtain from the Board of Commissioners of Police for the City of Chatham, a license for each vehicle and shall pay the requisite fee for such license or licenses. The Contractor shall maintain such licenses and permits as may be necessary to carry out its obligations under this Agreement. 5. The Contractor will indemnify and save harmless the Corporation from any and all claims or demands made or brought against the Cor- poration by any person or persons for damages arising out of the maintenance and operation of buses by the Contractor for the conveyance of passengers within the limits of the City of Chatham or other operations carried on by the Contractor within the limits of the City of Chatham, save and except those claims or demands which arise from the negligence of the Corporation, its servants and agents. The Contractor shall maintain public liability insurance and property damage coverage, inclusive in the minimum amount of $5,000,000.00 for any one occurrence and shall file proof of such insurance with the Clerk of the Corporation, provided however, that the amount of such insurance coverage shall be reviewed annually by the parties and shall be subject to increase as may be mutually agreed upon to provide reasonable coverage for the parties. 6. The Corporation agrees to pass such by-laws as the Corporation in its sole and untrammelled opinion and discretion deems to be essential to conduct a proper transportation system in, over and upon the streets or highways within the limits of the City of Chatham. 7. The Corporation shall during the terms of this Agreement by by-law provide sufficient bus stops as the Contractor may require to conduct its business of carrying passengers as may be agreed upon between the parties hereto and the Corporation shall adequately mark and maintain said bus stops at its expense. The Corporation shall provide for the reservation of such bus stops for the use of the buses of the Contractor during scheduled hours and shall prohibit parking on such reserved spaces during the said scheduled hours. The Corporation shall post such signs and notices at bus stops as shall be required by the Corporation or as shall be mutually agreed upon. 8. The Corporation shall during the term of this Agreement by by-law regulate traffic in the City of Chatham to enable the Contractor to operate its buses efficiently. The Corporation agrees to assist the Contractor in preventing railroads from blocking streets or highways for periods of over 5 minutes at one time except as permitted by law. 9. The Corporation agrees to keep all streets and highways upon which the Contractor is operating regular routes under the terms hereof in a reason- ably good state of repair at all times and if by reason of unusual weather con- ditions or other circumstances, any of such streets or highways become impassable, then in such event, the Corporation agree to act as promptly as is possible in making such streets or highway passable. Until such con- dition as caused by unusual weather conditions or other circumstances is remedied, the Contractor may on notice to the City Manager of the Cor- poration, re-route its buses over such other streets or highways in the City of Chatham as in the opinion of the Contractor may be deemed advisable. 10. During the term of this Agreement or until the termination thereof the Corporation shall not in any way depreciate the right, privilege or franchise hereby granted, and shall not grant or permit to be granted to any other person, partnership, firm or corporation, any right, privilege, license or franchise to construct, maintain, use or operate any lines of railway for local passenger trips, or any bus, jitney or other similar vehicles for the purpose of transporting passengers for gain or hire, the operation of which will come into competition with the transportation system of the Contractor. Provided that any such grant to operate a bus or jitney or other similar vehicle between any points in the City and any locality outside of the City not served by the transportation system of the Contractor shall not be deemed to depreciate the said right, privilege or franchise. In no case shall any bus, jitney or similar vehicle be permitted to take on passengers within the City and discharge the said passengers within the City. Provided further that this section shall not apply to any ordinary cabs or taxicabs kept for hire and used for transportation not over a fixed route, at fares fixed by the Board of Police Commissioners of the City of Chatham. In the event of any transportation of passengers over which the Corporation has no power or control, then the Corporation is not to be held liable for any loss or damage sustained by the Contractor by reason thereof. 11. The rate of fares for conveyance of passengers shall be, (a) Adult Fare— .30i;i cash or 4 tickets for $1.00. {b) Children being transported to and from Elementary and Secondary Schools on school days only — .20^ cash or 6 tickets for $1.00. (f) Children under 12 years in age, at all times — .20^ cash or 6 tickets for $1.00. (d) Senior Citizens at all times — .20^ cash or 6 tickets for $1.00. (e) Children under 5 years of age — free when accompanied by an adult person. For the purposes of this Agreement, a Senior Citizen is one who has attained the age of 65 years and who produces an identification card identifying him as such a person. The Contractor shall collect the fares in accordance with the foregoing schedule on behalf of the Corporation and all revenue collected for trans- portation provided pursuant to the terms of this Agreement shall be the property of the Corporation and delivery of such revenue shall be made when and where the Corporation may require. The fares in accordance with the foregoing shall not be changed, altered or otherwise varied by the parties hereto except by Council of the Cor- poration as expressed by resolution. 12. The Corporation covenants to pay to the Contractor, a price for each mile its buses are operated in providing the transportation service required hereunder (excluding mileage for special buses and chartered trips within the City) determined as hereinafter set forth. The mileage to be paid for shall be determined on a basis whereby the distances of the routes travelled are logged by both parties and in default of agreement to be settled by arbitration as hereinafter set forth. The total number of trips over such routes are counted and the mileage shall be determined by multiplying the mileage distance of the routes by the number of trips made over each of such routes. Payments on account of the price per mile shall be made every two weeks according to the mileage logged during the immediately preceding two weeks. The price per mile shall be determined by January 1 and July 1 of each year by adding to the cost as determined by audited statements dated December 31 and June 30, immediately preceding based on the cost factors listed under Column "Item" in Schedule "A" hereto, 3.3^ per mile, provided however, that in lieu of the actual cost of wages as set forth in such schedule, 8 the estimated actual cost of wages for the succeeding six month period shall be used in the determination of the price per mile. When the audited statement at the end of each six months has been prepared and released, an adjustment shall be made so as to bring the payments made over the previous six months to the actual cost per mile plus 3.3(/ per mile. Any payment due to either party on such adjustment shall be made within thirty days after demand therefor. Semi-annual auditor's statements of the Contractor's operations under this Agreement shall be furnished to the Corporation within 30 days from the end of the six month period immediately preceding and all business records of the Contractor pertaining to operations by the Contractor under the terms of this Agreement shall be made available if requested, by the Corporation to the Corporation or its auditors. The operating costs and depreciation charges in respect of the special buses referred to in Paragraph 2 of this Agreement shall be excluded in cal- culating operating costs per mile, but these costs and charges shall be billed to and paid by the Corporation as may be mutually agreed upon. If after the payments of the stipulated price per mile is made to the Contractor as herein provided there then remains a surplus of receipts from fares in any calendar year. The surplus up to what would amount to 3i^ per mile of operation (in respect of the amount of mileage upon which the Contractor is being paid as set forth in this paragraph) in such calendar year shall be and remain the property of the Corporation and should there be any surplus over the amount as is reserved to the Corporation, such additional surplus shall be divided equally between the parties. 13. The Contractor covenants and agrees that prior to entering into any new employment contract with its employees which might affect the terms of this Agreement or the payments to be made by the Corporation to the Contractor hereunder, the Contractor will obtain the approval of the Cor- poration to the terms of such new employment contract. The Contractor further covenants and agrees that salaries for management which might affect the terms of this Agreement or the payments to be made by the Cor- poration to the Contractor hereunder, shall not be changed except in accordance with Paragraph 21 hereof. 14. The Contractor covenants and agrees to put in service a minimum of seven modem buses in good condition and to have ready at all times for service, three spare buses also in good condition; the Contractor covenants and agrees to expand and extend its service to meet all requirements of a passenger transportation system within the limits of the City of Chatham from time to time and for this purpose to obtain such further new buses sub- ject to an allowance of reasonable time to obtain delivery thereof. 15. The performance under this Agreement by the Contractor as to the service to be provided by it shall be excused during such time as performance may be rendered impossible by strike, disaster, act of God, or act of the Cor- poration or other cause beyond the control of the Contractor. 16. The Contractor shall not assign this Agreement and /or sell its capital assets which are required for the due performance of its obligations hereunder to any person, corporation or entity without the express consent of the Corporation as expressed by resolution of Council. 17. In the event that either party does not fully perform its obligations hereunder and fails to correct the default within 10 days of receiving a written demand to do so or in the event that the Contractor fails to operate the passenger transportation system and fails to correct that default within 72 hours of receiving a written demand to do so and provided that any such default as herein set out is not exonerated by virtue of Paragraph 15 hereof then the other party may forthwith terminate this Agreement by giving the defaulting party a notice in writing to this effect. 18. Either Party may terminate its obhgations under this Agreement after December 31st, 1978 or any December 31st thereafter upon giving at least six months' notice in writing to the other Party prior to the December 31st of the year in which the Agreement is to be terminated. If this Agree- ment is terminated by the Corporation prior to December 31st, 1987, except where terminated by reason of default of the Contractor, the Cor- poration shall, if requested by the Contractor, purchase all buses owned by the Contractor, used in the City service under this Agreement, at their then book value as established by the auditors' records prepared for the Contractor at the time. The Contractor agrees that in its accounting, its buses shall be depreciated ten percent of cost per annum for a period of ten years from the date of purchase of each bus, and that when, in respect of each bus, the ten-year period has expired, no charge for depreciation of such bus shall thereafter be included in its operating costs. 19. The Corporation agrees to apply to the Province of Ontario for such powers as will enable it to do, perform and carry out each and every of the Agreements and covenants on its part as herein contained. 20. If at any time during or after the term of the Agreement any dispute, difference or question shall arise between the parties hereto, or any of their representatives, touching this Agreement, or any part thereof, or the construction, meaning or effect of this Agreement or any part thereof, or anything herein contained, or the rights or liabilities of the parties, or their representatives, under this Agreement or otherwise, in relation to the premises, and if said matter cannot be settled by the parties hereto by negotiation, then every such dispute, difference or question shall be referred to a single arbitrator, if the parties agree upon one, otherwise to three arbitrators, one to be appointed by each party to the reference, and the third arbitrator to be appointed by the other two arbitrators, in writing before they enter upon the business of the reference. If either party shall refuse, or neglect to appoint an arbitrator within thirty days after the other party shall have appointed an arbitrator, and shall have served a written notice upon the first mentioned party requiring such party to make such appointment, then the arbitrator first appointed shall, at the request of the party appointing him, proceed to hear and determine the matter in difference as if he were a single arbitrator appointed by both parties for the purpose and the award or determination which shall be final and binding on the parties herein, their successors and assigns, and shall not be subject to appeal to any Court or Courts. 21. The parties agree that the percentages and the allocation for management provided in Schedule "A" hereto may be changed by mutual agreement, and in the event that either party desires a change in any of such percentage figures or allocation to which the other party does not agree, the proposed change in the percentage or allocation shall be sub- mitted to and settled by arbitration as provided for in Section 20 hereof. The allowance (which is set at 3.3 3 > o pa n O a o > 'z: 'Z Z o O o <: < ^ CO B 3 re 3 cr ^ cr s^ o- ^ i-t >i ■-1 >0 to N3 «> ^ h-k «1 C/i s^ Cn 5^ C/1 ?i- 1-1- . ^-^ Sr (-h 5: 13^ ^ j:r s p- ^ " *=*** >3 to CO c«> -J Si & <-»- 54^ 5^ tr -4 1' o p l-( 3 > 3 ffi > o o rt- a "-1 5' Ol w CfQ X> in fD O 3 5 rt- Ol o. BILL Pr31 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Garnet Holdings Limited Mr. Johnson TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr31 1977 An Act respecting Garnet Holdings Limited WHEREAS Frances Pendrith hereby represents that Preamble Pendrith Machinery Company, Limited, herein called the Corporation, was incorporated by letters patent dated the 23rd day of December, 1930; that by supplementary letters patent, dated October 25th, 1962, the name of the Corporation was changed to Garnet Holdings Limited; that the Minister of Consumer and Commercial Relations by order dated the 5th day of July, 1972, and made under the authority of subsection 3 of section 251 of The Business '^■f^^'^^'^^- Corporations Act, cancelled the certificate of incorporation for default in filing annual returns and declared it to be dissolved on the 9th day of August, 1972; that the applicant was the holder of the majority of the common shares of the Corporation; that default in filing annual returns occurred by reason of inadvertence; that the Corporation at the time of its dissolution owned certain real property; and whereas the applicant hereby applies for special legislation reviving the Corporation; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Garnet Holdings Limited, incorporated by letters patent Garnet dated the 23rd day of December, 1930, as amended by Limited^ supplementary letters patent dated October 25th, 1962, ""^^^^^^ changing the name to Garnet Holdings Limited from Pendrith Machinery Company, Limited is hereby revived and is, subject to any rights acquired by any person after its dissolution, hereby restored to its legal position as a com- pany incorporated by letters patent, including all its prop- erty, rights, privileges and franchises and subject to all its liabilities, contracts, disabilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. Commence- 2. This Act comes into force on the day it receives Royal ment . ^ -^ Assent. Short title 3. The short title of this Act is The Garnet Holdings Limited Act, 1977. s w *z ^ o O o < < o 3 i: a> 3 O to cr S4- cr ft. ft) (T) a> ?a to >3 h- ' ft 1— » 2- 3 (7Q X) 1—1 " 5' ^ p.crq m BILL Pr32 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Stanley Starr Limited Mr. Cureatz TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr32 ' 1977 An Act respecting Stanley Starr Limited WHEREAS Stanley Starr hereby represents that Stanley Preamble Starr Limited, hereinafter called the Corporation, was incorporated by letters patent dated the 16th day of April, 1963; that the Minister of Consumer and Commercial Relations by order dated the 7th day of March, 1973 and made under the authority of subsection 3 of section 251 of The Business Corporations Act, cancelled the letters patent Rso- is^o. of the Corporation for default in filing annual returns and declared the Corporation to be dissolved on the 7th day of March, 1973; that the applicant was a director and the holder of a majority of the common shares of the Corporation at the time of its dissolution; that the notice of default in fihng annual returns required by subsection 2 of section 251 of The Business Corporations Act, although sent to the applicant as director, was not received by him and he was not aware of the dissolution of the Corporation until more than one year after the date thereof; that the Cor- poration at the time of its dissolution was and is now carrying on active business; and whereas the applicant hereby applies for special legislation reviving the Corporation; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Stanley Starr Limited, incorporated by letters patent staJiiey dated the 16th day of April, 1963 is hereby revived and is, Limited r©vlv6(i subject to any rights acquired by any person after its dis- solution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liab- ilities, contracts, disabilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. Commence- 2. This Act comes into force on the day it receives Royal Assent. Short title 3^ j^e short title of this Act is The Stanley Starr Limited Act, 1977. > > o to o > H N U) O o r-K t\J O k^ s cr l» Si- n >3 Si- ^ Si c-t- Si- 's*. 's". 1— * ^ ^ 3 CD P m (-<■ r BILL Pr32 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Stanley Starr Limited Mr. Cureatz TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr32 1977 An Act respecting Stanley Starr Limited WHEREAS Stanley Starr hereby represents that Stanley Preamble Starr Limited, hereinafter called the Corporation, was incorporated by letters patent dated the 16th day of April, 1963; that the Minister of Consumer and Commercial Relations by order dated the 7th day of March, 1973 and made under the authority of subsection 3 of section 251 of The Business Corporations Act, cancelled the letters patent R-^O- is^o, of the Corporation for default in filing annual returns and declared the Corporation to be dissolved on the 7th day of March, 1973; that the applicant was a director and the holder of a majority of the common shares of the Corporation at the time of its dissolution; that the notice of default in filing annual returns required by subsection 2 of section 251 of The Business Corporations Act, although sent to the applicant as director, was not received by him and he was not aware of the dissolution of the Corporation until more than one year after the date thereof; that the Cor- poration at the time of its dissolution was and is now carrying on active business; and whereas the applicant hereby applies for special legislation reviving the Corporation; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Stanley Starr Limited, incorporated by letters patent |taniey dated the 16th day of April, 1963 is hereby revived and is. Limited revived subject to any rights acquired by any person after its dis- solution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liab- ilities, contracts, disabilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. menT*"'^* 2. This Act comes into force on the day it receives Royal Assent. Short title 3^ j^g short title of this Act is The Stanley Starr Limited Act, 1977. > a > o w > H N :z5 ^ o o o < < o 3 s: 0) 3 ^ r-t- O cr cr s^ cr ?i- a> 0) l-t (-6 1-! ^ OS h- ' S) ►— ' -^ s> (yi ?^ Cn r-t 54- r+ S?1 (-»■ S- |:r ^. p- s p- ^ OTQ 1— J> ty>5 K* ^— >o O M3 -J •^ ^ ^ ^ •^ X5 fD O 5' OTQ CO p rT P I BILL Pr33 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Kedna Enterprises Limited Mr. Mackenzie TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr33 1977 An Act respecting Kedna Enterprises Limited WHEREAS Edward R. Madronich, Mary N. Madronich Preamble and Mary A. Hall hereby represent that Kedna Enter- prises Limited, herein called the Corporation, was incorporated by letters patent dated the 16th day of August, 1967; that the Minister of Consumer and Commercial Relations by order dated the 21st day of November, 1973, and made under the authority of subsection 3 of section 251 of The^f^^-^^'^^- Business Corporations Act, cancelled the letters patent of the Corporation for default in filing annual returns and declared it to be dissolved on the 26th day of December, 1973; that the applicants were all the directors and the holders of all the common shares of the Corporation at the time of its dissolution; and that the Corporation at the time of its dissolution was and is now carrying on an active business in premises known as 1192 Barton Street East, Hamilton, Ontario; that the applicants have been advised that since the dissolution of the Corporation that another company has been incorporated with a name similar to that of the Cor- poration and that pursuant to the provisions of The Business Corporations Act, the name Kedna Enterprises Limited is no longer available to the Corporation; and whereas the applicants hereby apply for special legislation changing the name and reviving the Corporation; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Kedna Enterprises Limited, incorporated by letters |edna ^_^^^ patent dated the 16th day of August, 1967, is hereby revived Limited rGvivcd and is, subject to any rights acquired by any person after its dissolution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, disabilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. Change of name 2. The name of the Corporation is hereby changed from Kedna Enterprises Limited to 205406 Ontario Limited. Commence- ment 3. This Act comes into force on the day it receives Royal Assent. Short title 4. The short title of this Act is The Kedna Enterprises Limited Act, 1977. ,2. <2 S «) > o P=5 to W !z: N w Si. Si o O <-t C\i o k-» s u' C/5 ?i- ro '^ >i to a ^ Si sa (-K 5^ 54. tr 3 3 > r-t- o cb i-t ^3 2. W vn' ^ (t> (D (f O a orq ft BILL Pr33 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Kedna Enterprises Limited Mr. Mackenzie TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr33 1977 An Act respecting Kedna Enterprises Limited WHEREAS Edward R. Madronich, Mary N. Madronich Preamble and Mary A. Hall hereby represent that Kedna Enter- prises Limited, herein called the Corporation, was incorporated by letters patent dated the 16th day of August, 1967; that the Minister of Consumer and Commercial Relations by order dated the 21st day of November, 1973, and made under the authority of subsection 3 of section 251 of r/tg Rs^o. i97o, Business Corporations Act, cancelled the letters patent of the Corporation for default in filing annual returns and declared it to be dissolved on the 26th day of December, 1973; that the applicants were all the directors and the holders of all the common shares of the Corporation at the time of its dissolution; and that the Corporation at the time of its dissolution was and is now carrying on an active business in premises known as 1192 Barton Street East, Hamilton, Ontario; that the applicants have been advised that since the dissolution of the Corporation that another company has been incorporated with a name similar to that of the Cor- poration and that pursuant to the provisions of The Business Corporations Act, the name Kedna Enterprises Limited is no longer available to the Corporation; and whereas the applicants hereby apply for special legislation changing the name and reviving the Corporation; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Kedna Enterprises Limited, incorporated by letters 1®^°^.^^^ patent dated the 16th day of August, 1967, is hereby revived Limited and is, subject to any rights acquired by any person after its dissolution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, disabihties and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. ofn'anfe ^' ^^^ name of the Corporation is hereby changed from Kedna Enterprises Limited to 205406 Ontario Limited. ment"^°°^ 3. This Act comes into force on the day it receives Royal Assent. Short title 4^ ihe short title of this Act is The Kedna Enterprises Limited Act, 1977. > o w N tz: Z O o O < < o 3 Uj >« a> B o cr C/) cr 54- cr Si- a> r^ 1-1 •-1 ^ 1-1 >3 H-i 5a 1— » -4 s> en Si. p- ^ tr ^ H- * H- » o vO o •^ ^ ^ ^ ^ ^ C/5 o 3 on? BILL Pr34 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Sarnia Mr. Blundy TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr34 1977 An Act respecting the City of Sarnia WHEREAS The Corporation of the City of Sarnia hereby Preamble represents that the Corporation has received a con- veyance of the lands described in the Schedule hereto, which lands form part of an assembly of lands acquired by the Corporation for the purposes of the Ontario Downtown Revitalization Programme; that it has been ascertained that the estate in fee simple to the lands described in the Schedule hereto has not been previously conveyed since 1850; that the lands described in the Schedule hereto have been described as lanes or rights-of-way and have been used, occupied and maintained by J. L. Kennedy Limited for at least twenty-five years, and have also been used during that time for passage by the public at large; that over a period in excess of thirty years, J. L. Kennedy Limited acquired title in fee simple to all of the lands abutting the lands described in the Schedule hereto; that on the 20th day of September, 1977, J. L. Kennedy Limited conveyed to The Corporation of the City of Sarnia all of the lands abutting the lands described in the Schedule hereto; that all inter- ests of J. L. Kennedy Limited in the lands described in the Schedule hereto were conveyed to The Corporation of the City of Sarnia by a deed in fee simple dated the 15th day of September, 1977, and registered in the Registry Office for the Registry Division of Lambton on the 20th day of September, 1977, as Instrument Number 421017; that for the purposes of implementing the said Ontario Downtown Revitalization Programme it is desirable to assure to the Corporation the estate in the said lands subject to no other interest or claim; and whereas the applicant hereby applies for special legislation for such purposes; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The lands described in the Schedule hereto shall be Lands J jii ir i-TA^ vested in deemed to have vested m fee simple in The Corporation of corporation the City of Sarnia on the 20th day of September, 1977, and to have been on that date immediately after registration of a deed by J. L. Kennedy Limited to The Corporation of the City of Sarnia dated the 15th day of September, 1977, free from all rights, trusts, interests, limitations, restrictions or covenants whatsoever. Commence- 2. This Act comes into force on the day it receives Royal ment Assent. Short title 3, The short title of this Act is The City of Sarnia Act, 1977. SCHEDULE All and Singular those certain parcels or tracts of land and premises situate, lying and being in the City of Sarnia, County of Lambton and Province of Ontario, more particularly described as follows: Firstly, All of the land shown as a lane on Registered Plan Number 30 for the City of Sarnia, designated as Part 16 on a Plan deposited in the Registry Office for the Registry Division of Lambton as Number 25R 2288 ; Secondly, Part of Lot lettered "G" on the East side of Christina Street and North side of George Street, according to Registered Plan 14 for the City of Sarnia and designated as Part 10 on said Plan 25R 2288; and Thirdly, Part of Lot lettered "K" on the East side of Christina Street and North side of George Street, according to Registered Plan 14 for the City of Sarnia and designated as Part 13 on said Plan 25R 2288. ^ to "Z a O o r-t- Uj t\) o h..« 5 S cr on &4 Si. a> >i >i ^ «> 5i. Si- i-t- s> 1' H— o ■^ ^ ^ in p BILL Pr34 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act respecting the City of Sarnia Mr. Blundy TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr34 1977 An Act respecting the City of Sarnia WHEREAS The Corporation of the City of Sarnia hereby Preamble represents that the Corporation has received a con- veyance of the lands described in the Schedule hereto, which lands form part of an assembly of lands acquired by the Corporation for the purposes of the Ontario Downtown Revitalization Programme; that it has been ascertained that the estate in fee simple to the lands described in the Schedule hereto has not been previously conveyed since 1850; that the lands described in the Schedule hereto have been described as lanes or rights-of-way and have been used, occupied and maintained by J. L. Kennedy Limited for at least twenty-five years, and have also been used during that time for passage by the public at large; that over a period in excess of thirty years, J. L. Kennedy Limited acquired title in fee simple to all of the lands abutting the lands described in the Schedule hereto; that on the 20th day of September, 1977, J. L. Kennedy Limited conveyed to The Corporation of the City of Sarnia all of the lands abutting the lands described in the Schedule hereto; that all inter- ests of J. L. Kennedy Limited in the lands described in the Schedule hereto were conveyed to The Corporation of the City of Sarnia by a deed in fee simple dated the 15th day of September, 1977, and registered in the Registry Office for the Registry Division of Lambton on the 20th day of September, 1977, as Instrument Number 421017; that for the purposes of implementing the said Ontario Downtown Revitalization Programme it is desirable to assure to the Corporation the estate in the said lands subject to no other interest or claim; and whereas the applicant hereby applies for special legislation for such purposes ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . The lands described in the Schedule hereto shall be Lands J ji ir-i'T-i-^ • vested in deemed to have vested in fee simple in The Corporation of corporation the City of Sarnia on the 20th day of September, 1977, and to have been on that date immediately after registration of a deed by J. L. Kennedy Limited to The Corporation of the City of Sarnia dated the 15th day of September, 1977, free from all rights, trusts, interests, limitations, restrictions or covenants whatsoever. co^^^ence- 2. This Act comes into force on the day it receives Royal Assent. Short title 3, Jhe short title of this Act is The City of Sarnia Act, 1977. SCHEDULE All and Singular those certain parcels or tracts of land and premises situate, lying and being in the City of Sarnia, County of Lambton and Province of Ontario, more particularly described as follows : Firstly, All of the land shown as a lane on Registered Plan Number 30 for the City of Sarnia, designated as Part 16 on a Plan deposited in the Registry Office for the Registry Division of Lambton as Number 25R 2288 ; Secondly, Part of Lot lettered "G" on the East side of Christina Street and North side of George Street, according to Registered Plan 14 for the City of Sarnia and designated as Part 10 on said Plan 25R 2288; and Thirdly, Part of Lot lettered "K" on the East side of Christina Street and North side of George Street, according to Registered Plan 14 for the City of Sarnia and designated as Part 13 on said Plan 25R 2288. > w td r a a :z: ^ o o O < < n a> n> <-t- 3 2< 3 o C/5 of Si. cr a. ro ?^3 •-t >a «1 to Si. tsj <^ -J & K3 £3 3 p- p- ^ p. ^ I— ' *o S •^ ^ ~-l «vl -^ ^ BILL Pr35 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Shore and Horwitz Construction Company Limited Mr. Handleman TORONTO Printed by J, C. Thatcher, Queen's Printer for Ontario BILL Pr35 1977 An Act respecting Shore and Horwitz Construction Company Limited WHEREAS Philip Horwitz, J. C. Horwitz and Audrey Preamble Horwitz hereby represent that Shore and Horwitz Construction Company Limited, herein called the Corpora- tion, was incorporated by letters patent dated the 17th day of December, 1951 ; that the Minister of Consumer and Commercial Relations by order dated the 16th day of May, 1973 and made under the authority of subsection 3 of section 251 of The Business Corporations Act, cancelled the letters R-^o. i970, patent of the Corporation for default in filing annual returns and declared it to be dissolved on the 20th day of June, 1973; that the applicants were all the directors of the Corporation at the time of its dissolution; that default in filing annual returns occurred by reason of inadvertence; that the Corporation at the time of its dissolution was and is now carrying on active business; and whereas the appli- cants hereby apply for special legislation reviving the Corporation; and whereas it is expedient to grant the appli- cation ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Shore and Horwitz Construction Company Limited, |^°^^^°^ incorporated by letters patent dated the 17th day of Decem- construction , 4rvr<-ii -1 1 • 1- -1 Company ber, 1951, is hereby revived and is, subject to any rights Limfted acquired by any person after its dissolution, hereby restored ^ to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, dis- abilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. 2. This Act comes into force on the day it receives Royal ^°e^™®^°®' Assent. 3. The short title of this Act is The Shore and Horwitz ^^°^^^^'^^ Construction Company Limited Act, 1977. o ^ bo > o r w > "Z 0 < t\J 0) »«.» s 3 C/5 s»- T*. 1— ' Si n o 3 P 3 CL 3 o 2- ►- . fD N ^TJ O cT 3 5' BILL Pr35 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Shore and Horwitz Construction Company Limited Mr. Handleman TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr35 1977 An Act respecting Shore and Horwitz Construction Company Limited WHEREAS Philip Horwitz, J. C. Horwitz and Audrey Preamble Horwitz hereby represent that Shore and Horwitz Construction Company Limited, herein called the Corpora- tion, was incorporated by letters patent dated the 17th day of December, 1951; that the Minister of Consumer and Commercial Relations by order dated the 16th day of May, 1973 and made under the authority of subsection 3 of section 251 of The Business Corporations Act, cancelled the letters RS.o. 1970, patent of the Corporation for default in filing annual returns and declared it to be dissolved on the 20th day of June, 1973; that the applicants were all the directors of the Corporation at the time of its dissolution; that default in filing annual returns occurred by reason of inadvertence; that the Corporation at the time of its dissolution was and is now carrying on active business; and whereas the appli- cants hereby apply for special legislation reviving the Corporation; and whereas it is expedient to grant the appli- cation ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Shore and Horwitz Construction Company Limited, ho°^i*2°** incorporated by letters patent dated the 17th day of Decem- construction ber, 1951, is hereby revived and is, subject to any rights Limfted acquired by any person after its dissolution, hereby restored'^ ^^ to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, dis- abilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. 2. This Act comes into force on the day it receives Royal m°™t°^°°^' Assent. 3. The short title of this Act is The Shore and Horwitz short title Construction Company Limited Act, 1977. > o m > o fD 0) N3 O ■^ ^I So o 'Z < o fp < 3 3 C/5 •-1 >3 1 3 Si 1 3 ^ ■^ n o 3 3 in cr o 3 >1 a 3 X> ^ ;;! I-.. (T) N C/5 O o O rj 3 5" >-( 3 n BILL Pr36 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Thunder Bay Mr. Hennessy TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr36 1977 An Act respecting the City of Thunder Bay WHEREAS The Corporation of the City of Thunder Bay, Preamble herein called the Corporation, represents that for the purpose of constructing one or more pedestrian promenades as part of a redevelopment plan under section 22 of Theff^'^-^^'^^' Planning Act, the council of the Corporation requires powers in addition to any which it may have under any general or special Act; and whereas the Corporation hereby applies for special legislation for such purpose; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, J,^^fir- («) "enclosed or covered pedestrian promenade" in- cludes a pedestrian promenade which is, (i) wholly or partly enclosed, or (ii) wholly or partly covered; {b) "highway" includes a common and public highway, a street, lane, sidewalk, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, intended for or used by the general public for the passage of vehicular or pedestrian traffic; (c) "occupant" means any person or persons over the age of eighteen years in possession of the land, building, structure or premises in connection with which the word is used; {d) "owner" includes the person for the time being managing or receiving the rent of the land, build- ing, structure or premises in connection with which the word is used whether on his own account or as agent or trustee of any other person or who would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; {e) "pedestrian promenade" means a pedestrian prom- enade established under this Act. to'^'as^s ^* — ^^) Notwithstanding any general or special Act, the by-laws council of the Corporation, for the purpose of carrying out pe(festrian a redevelopment plan under section 22 of The Planning Act, nTolsir ^^y pass by-laws for, C.349 (a) establishing all or any part of any highway under the jurisdiction of the Corporation solely or prin- cipally as a pedestrian promenade; (b) regulating or prohibiting the access to and the use of a pedestrian promenade by persons or vehicles or any class thereof except to such extent or for such period or periods of time as may be specified; (c) permitting the obstruction of any highway estab- lished as a pedestrian promenade in such manner and to such extent as the by-law may provide; (d) constructing, maintaining and operating pedestrian promenades ; (e) enclosing or covering, wholly or partly, a pedestrian promenade ; (/) requiring the owner of any land abutting, or of any building or structure situate on land abutting a pedestrian promenade to permit the installation or attachment of any structure or thing required to enclose or cover, wholly or partly, a pedestrian promenade, on or to the land, building or structure of such owner; (g) authorizing the Corporation to enter into agreements with the owners of lands, buildings, or structures abutting a pedestrian promenade for the construc- tion, maintenance, use and operation of such pedes- trian promenade and such agreements when reg- istered on the title of the land shall run with the land to the benefit of the Corporation ; (h) requiring the owners of the whole or any part of any building or structure situate on lands abutting an enclosed or covered pedestrian promenade to provide and maintain in or for the building or structure or part thereof, such heating, ventilating, air conditioning, fire sprinkler, fire alarm and fire prevention and control systems and facilities as the by-law may require and regulating the time and manner of operation of such systems ; (i) regulating and controlling the construction, main- tenance and use of all doors, windows and other openings to an enclosed or covered pedestrian promenade whether from a highway abutting the pedestrian promenade or from lands or from build- ings or structures situate on lands abutting the pedestrian promenade; {j) regulating the exchange of air, heat, sound, odour and light between an enclosed or covered pedestrian promenade and buildings or structures situate on lands abutting the pedestrian promenade; (k) prohibiting the occupancy or use of the whole or any part of any building or structure that does not comply with, or is used in a manner contrary to, the by-law; (/) prohibiting access to an enclosed or covered pedes- trian promenade from lands, buildings and structures abutting thereon in respect of which there is a contravention of a by-law enacted pursuant to clause g, h, i, j or k or for reasons of safety; (w) entering into leases and licensing agreements respect- ing areas in or on a pedestrian promenade with such persons, and for such purposes as the council of the Corporation considers appropriate including purposes otherwise prohibited, regulated or governed by by-laws passed pursuant to The Municipal Act, ^■2^-^^^' and upon such terms as the council of the Cor- poration may deem desirable ; and («) prohibiting persons from soliciting or importuning in or on a pedestrian promenade others to travel in or employ any vehicle or vessel, or to go to any motel, hotel, tourist home, restaurant, auction, game, exhibition, display, theatre, show or other place for the lodging, reception, refreshment, amuse- ment or entertainment of the public, or for regu- lating persons so employed. Amplication (2) A by-law passed for the purposes of clause h, i, j R.s.o. 1970, or k of subsection 1 shall be deemed to have been passed c 349 s 36 pursuant to section 36 of The Planning Act. Special rates 3. — (1) A by-law passed pursuant to this Act may provide, with the approval of the Ontario Municipal Board, that the capital cost of any enclosed or covered pedestrian promenade or any part thereof or any operating deficit in the previous year or any part thereof shall be levied as a special rate against the lands in a defined area within the redevelopment area that in the opinion of the council of the Corporation derive special benefit therefrom, provided the by-law shall have appended thereto a schedule establishing the portion of the cost that shall be levied against each parcel of land in the defined area. Computation (2) Where a by-law includes provision for a special rate special pursuant to subsection 1, the entire costs chargeable to lands in the defined area shall be apportioned among all the parcels by any or all or any combination of the following methods, (a) in accordance with the benefits accruing to a parcel of land from the establishment or operation of the enclosed or covered pedestrian promenade; (b) in the proportion that the assessment of each parcel of land bears to the total assessment of the parcels in the defined area; Exemption from, or reduction of, special rate (c) by an equal special rate per foot of frontage of the parcels of land abutting directly on the en- closed or covered pedestrian promenade, according to the extent of their respective frontages thereon. (3) Where the council of the Corporation is of the opinion that any parcel of land has not benefitted from the estab- lishment of an enclosed or covered pedestrian promenade to the same extent as other parcels within a defined area, the council of the Corporation may, in the by-law levying the costs, exempt such parcel from the special rate or make a reduction in the amount of the costs that would otherwise be levied against that parcel. Commutation of special rates or (4) The council of the Corporation may by general by-law by a by-law applicable to the particular pedestrian promenade prescribe the terms and conditions upon which persons whose lands are specially charged may commute for a payment in cash the special rate imposed thereon in respect of the capital costs of a pedestrian promenade. (5) The net revenue derived from the operation of the Amplication enclosed or covered pedestrian promenade shall be used revenues . . , from firstly to reduce any special rate levied under subsection 1 operation to be made against the lands in a defined area in the pro- pedestrian portion that the special rate made against each parcel of P'^o'^enade land bears to the total special rate. (6) Where, subsequent to the effective date of the by-law Reappor- ^ . .7 1-41 tionment imposing a special rate pursuant to subsection 1, the council of the Corporation is of the opinion that, {a) the special benefit derived from the enclosed or covered pedestrian promenade by a parcel of land in the defined area has increased or decreased from that shown in the by-law; {b) a parcel of land in the defined area has begun to derive or has ceased to derive a special benefit from the enclosed or covered pedestrian promenade ; or (c) a parcel of land outside the defined area has begun to derive a special benefit therefrom, the council of the Corporation may at any time and from time to time by a by-law, passed with the approval of the Ontario Municipal Board, {d) reapportion the balance of the costs mentioned in subsection 1 so that such costs shall be apportioned against each parcel of land that, in the opinion of the council of the Corporation, derives such special benefit ; and {e) redefine the area in the municipality that, in the opinion of the council of the Corporation, contains the lands that derive a special benefit from the enclosed or covered pedestrian promenade. (7) The special rates imposed under this section shall be Application deemed to be taxes, and the provisions of The Municipal ^f^^' ^^^°" Act as to the collection and recovery of taxes and the pro- ceedings that may be taken in default of payment thereof, apply. 4. Part XXI of The Municipal Act appUes to a by-law ^fj^^^''^^-^ enacted pursuant to section 2. penalties Commence- 5, Xhis Act comes into force on the day it receives Royal Assent. Short title Q^ Xhe short title of this Act is The City of Thunder Bay Act, 1977. to X M W n o ^«. r« S 3 cr CD 1-1 Co 54. >3 >2 ^ » g- 00 <-t- 55. rS 9" " c^ on? c^ 1— » tr a> Q > 3 <-»-' ^ > o o i-K (-t- H -1 0) :r 71 C X3 3 CD a O Oi i-( 3 Oq Dd p ^ BILL Pr36 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Thunder Bay Mr. Hennessy {Reprinted as amended by the Administration of Justice Committee) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr36 1977 An Act respecting the City of Thunder Bay WHEREAS The Corporation of the City of Thunder Bay, Preamble herein called the Corporation, represents that for the purpose of constructing one or more pedestrian promenades as part of a redevelopment plan under section 22 of The ^■^- ^^''"• Planning Act, the council of the Corporation requires powers in addition to any which it may have under any general or special Act ; and whereas the Corporation hereby applies for special legislation for such purpose; and whereas it is expedient to grant the application; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In this Act, JStfJ^''®" tation {a) "enclosed or covered pedestrian promenade" in- cludes a pedestrian promenade which is, (i) wholly or partly enclosed, or (ii) wholly or partly covered; {h) "highway" includes a common and pubhc highway, a street, lane, sidewalk, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, intended for or used by the general public for the passage of vehicular or pedestrian traffic; (c) "occupant" means any person or persons over the age of eighteen years in possession of the land, building, structure or premises in connection with which the word is used; {d) "owner" includes the person for the time being managing or receiving the rent of the land, build- ing, structure or premises in connection with which the word is used whether on his own account or as agent or trustee of any other person or who would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; (e) "pedestrian promenade" means a pedestrian prom- enade established under this Act. Power to pass 2. — (1) Notwithstanding any general or special Act, the res ectin uucil of the Corporation, for the purpose of carrying out pedestrian a redevelopment plan under section 22 of The Plannins Act Dromenades i ■. ^ o > C.349 1974, c. 74 {a) establishing all or any part of any highway under the jurisdiction of the Corporation solely or prin- cipally as a pedestrian promenade; (b) regulating or prohibiting the access to and the use of a pedestrian promenade by persons or vehicles or any class thereof except to such extent or for such period or periods of time as may be specified; (c) permitting the obstruction of any highway estab- lished as a pedestrian promenade in such manner and to such extent as the by-law may provide ; {d) subject to The Building Code Act, 1974, constructing, maintaining and operating pedestrian promenades ; {e) subject to The Building Code Act, 1974, enclosing or covering, wholly or partly, a pedestrian promenade ; (/) requiring the owner of any land abutting, or of any building or structure situate on land abutting a pedestrian promenade to permit the installation or attachment of any structure or thing required to enclose or cover, wholly or partly, a pedestrian promenade, on or to the land, building or structure of such owner; {g) authorizing the Corporation to enter into agreements with the owners of lands, buildings, or structures abutting a pedestrian promenade for the construc- tion, maintenance, use and operation of such pedes- trian promenade and such agreements when reg- istered on the title of the land shall run with the land to the benefit of the Corporation ; (h) requiring the owners of the whole or any part of any building or structure situate on lands abutting an enclosed or covered pedestrian promenade to provide and maintain in or for the building or structure or part thereof, such heating, ventilating, air conditioning, fire sprinkler, fire alarm and fire prevention and control systems and facilities as the by-law may require and regulating the time and manner of operation of such systems; (i) regulating and controlling the construction, main- tenance and use of all doors, windows and other openings to an enclosed or covered pedestrian promenade whether from a highway abutting the pedestrian promenade or from lands or from build- ings or structures situate on lands abutting the pedestrian promenade; {j) regulating the exchange of air, heat, sound, odour and light between an enclosed or covered pedestrian promenade and buildings or structures situate on lands abutting the pedestrian promenade; {k) prohibiting the occupancy or use of the whole or any part of any building or structure that does not comply with, or is used in a manner contrary to, the by-law; (/) prohibiting access to an enclosed or covered pedes- trian promenade from lands, buildings and structures abutting thereon in respect of which there is a contravention of a by-law enacted pursuant to clause g, h, i, j or k or for reasons of safety; (w) entering into leases and licensing agreements respect- ing areas in or on a pedestrian promenade with such persons, and for such purposes as the council of the Corporation considers appropriate including purposes otherwise prohibited, regulated or governed by by-laws passed pursuant to The Municipal Act, ^ and upon such terms as the council of the Cor- poration may deem desirable ; and («) prohibiting persons from soliciting or importuning in or on a pedestrian promenade others to travel in or employ any vehicle or vessel, or to go to any motel, hotel, tourist home, restaurant, auction, game, exhibition, display, theatre, show or other place for the lodging, reception, refreshment, amuse- S.0. 1970. 284 Application of R.S.0. 1970, c. 349. s. 36 Special rates ment or entertainment of the public, or for regu- lating persons so employed. (2) A by-law passed for the purposes of clause h, i, j or k of subsection 1 shall be deemed to have been passed pursuant to section 36 of The Planning Act and subsections 1 and 4 to 23 of the said section 36 apply, with all necessary modifications, to any such by-law. 3. — (1) A by-law passed pursuant to this Act may provide, with the approval of the Ontario Municipal Board, that the capital cost of any enclosed or covered pedestrian promenade or any part thereof or any operating deficit in the previous year or any part thereof shall be levied as a special rate against the lands in a defined area within the redevelopment area that in the opinion of the council of the Corporation derive special benefit therefrom, provided the by-law shall have appended thereto a schedule establishing the portion of the cost that shall be levied against each parcel of land in the defined area. Computation ^2) Where a by-law includes provision for a special rate special pursuant to subsection 1, the entire costs chargeable to lands in the defined area shall be apportioned among all the parcels by any or all or any combination of the following methods, {a) in accordance with the benefits accruing to a parcel of land from the establishment or operation of the enclosed or covered pedestrian promenade; (b) in the proportion that the assessment of each parcel of land bears to the total assessment of the parcels in the defined area; (c) by an equal special rate per foot of frontage of the parcels of land abutting directly on the en- closed or covered pedestrian promenade, according to the extent of their respective frontages thereon. Exemption from, or reduction of, special rate (3) Where the council of the Corporation is of the opinion that any parcel of land has not benefitted from the estab- lishment of an enclosed or covered pedestrian promenade to the same extent as other parcels within a defined area, the council of the Corporation may, in the by-law levying the costs, exempt such parcel from the special rate or make a reduction in the amount of the costs that would otherwise be levied against that parcel. Commutation of special rates or (4) The council of the Corporation may by general by-law by a by-law applicable to the particular pedestrian promenade prescribe the terms and conditions upon which persons whose lands are specially charged may commute for a payment in cash the special rate imposed thereon in respect of the capital costs of a pedestrian promenade. (5) The net revenue derived from the operation of the Amplication enclosed or covered pedestrian promenade shall be used revenues . froin firstly to reduce any special rate levied under subsection 1 operation to be made against the lands in a defined area in the pro- pedestrian portion that the special rate made against each parcel of P^o^enade land bears to the total special rate. (6) Where, subsequent to the effective date of the by-law Reappor- ^ ' . -1 1 • < 1 tionment imposing a special rate pursuant to subsection 1, the council of the Corporation is of the opinion that, {a) the special benefit derived from the enclosed or covered pedestrian promenade by a parcel of land in the defined area has increased or decreased from that shown in the by-law; {b) a parcel of land in the defined area has begun to derive or has ceased to derive a special benefit from the enclosed or covered pedestrian promenade ; or (c) a parcel of land outside the defined area has begun to derive a special benefit therefrom, the council of the Corporation may at any time and from time to time by a by-law, passed with the approval of the Ontario Municipal Board, (d) reapportion the balance of the costs mentioned in subsection 1 so that such costs shall be apportioned against each parcel of land that, in the opinion of the council of the Corporation, derives such special benefit ; and {e) redefine the area in the municipajity that, in the opinion of the council of the Corporation, contains the lands that derive a special benefit from the enclosed or covered pedestrian promenade. (7) The special rates imposed under this section shall be Application deemed to be taxes, and the provisions of The Municipal ^■^■O'^^^o. Act as to the collection and recovery of taxes and the pro- ceedings that may be taken in default of payment thereof, apply. 4. Part XXI of The Municipal Act applies to a by-law ^f^Tand enacted pursuant to section 2. penalties Commence- 5 Xhis Act comes into force on the day it receives Roval ment j j Assent. Short title Q^ The short title of this Act is The City of Thunder Bay Act, 1977. I- o ^ o ^ « I §^ 3 ?s- X w •z w U) t\J :j s ?^ s^ >i >3 CT> Oi » S> s s Otj c^ o o 3 a* a> Si tr n> Q > r-t-' 3 "< > o o >-K (-+ H 0) ET c^ C "O 3 rt) a. o i-t- fD ►1 5' on? Dd p ^ BILL Pr36 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the City of Thunder Bay Mr. Hennessy TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr36 1977 An Act respecting the City of Thunder Bay WHEREAS The Corporation of the City of Thunder Bay, Preamble herein called the Corporation, represents that for the purpose of constructing one or more pedestrian promenades as part of a redevelopment plan under section 22 of Theff^'^'^^''^- Planning Act, the council of the Corporation requires powers in addition to any which it may have under any general or special Act; and whereas the Corporation hereby applies for special legislation for such purpose ; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, Interpre- ' tatlon {a) "enclosed or covered pedestrian promenade" in- cludes a pedestrian promenade which is, (i) wholly or partly enclosed, or (ii) wholly or partly covered; (b) "highway" includes a common and public highway, a street, lane, sidewalk, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, intended for or used by the general public for the passage of vehicular or pedestrian traffic ; (c) "occupant" means any person or persons over the age of eighteen years in possession of the land, building, structure or premises in connection with which the word is used; {d) "owner" includes the person for the time being managing or receiving the rent of the land, build- ing, structure or premises in connection with which the word is used whether on his own account or as agent or trustee of any other person or who would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property ; {e) "pedestrian promenade" means a pedestrian prom- enade established under this Act. Power 2. — (1) Notwithstanding any general or special Act, the by-laws council of the Corporation, for the purpose of carrying out pec^strian a redevelopment plan under section 22 of The Planning Act, Rs'o^mo^' may pass by-laws for, C.349 (a) estabhshing all or any part of any highway under the jurisdiction of the Corporation solely or prin- cipally as a pedestrian promenade; (b) regulating or prohibiting the access to and the use of a pedestrian promenade by persons or vehicles or any class thereof except to such extent or for such period or periods of time as may be specified; (c) permitting the obstruction of any highway estab- lished as a pedestrian promenade in such manner and to such extent as the by-law may provide ; 1974,0.74 (^) subject to The Building Code Act, 1974, constructing, maintaining and operating pedestrian promenades ; [e) subject to The Building Code Act, 1974, enclosing or covering, wholly or partly, a pedestrian promenade ; (/) requiring the owner of any land abutting, or of any building or structure situate on land abutting a pedestrian promenade to permit the installation or attachment of any structure or thing required to enclose or cover, wholly or partly, a pedestrian promenade, on or to the land, building or structure of such owner; {g) authorizing the Corporation to enter into agreements with the owners of lands, buildings, or structures abutting a pedestrian promenade for the construc- tion, maintenance, use and operation of such pedes- trian promenade and such agreements when reg- istered on the title of the land shall run with the land to the benefit of the Corporation ; {h) requiring the owners of the whole or any part of any building or structure situate on lands abutting an enclosed or covered pedestrian promenade to provide and maintain in or for the building or structure or part thereof, such heating, ventilating, air conditioning, fire sprinkler, fire alarm and fire prevention and control systems and facilities as the by-law may require and regulating the time and manner of operation of such systems; (i) regulating and controlling the construction, main- tenance and use of all doors, windows and other openings to an enclosed or covered pedestrian promenade whether from a highway abutting the pedestrian promenade or from lands or from build- ings or structures situate on lands abutting the pedestrian promenade; {j) regulating the exchange of air, heat, sound, odour and light between an enclosed or covered pedestrian promenade and buildings or structures situate on lands abutting the pedestrian promenade; {k) prohibiting the occupancy or use of the whole or any part of any building or structure that does not comply with, or is used in a manner contrary to, the by-law; (/) prohibiting access to an enclo-ed or covered pedes- trian promenade from lands, buildings and structures abutting thereon in respect of which there is a contravention of a by-law enacted pursuant to clause g, h, i, j or k or for reasons of safety; (w) entering into leases and licensing agreements respect- ing areas in or on a pedestrian promenade with such persons, and for such purposes as the council of the Corporation considers appropriate including purposes otherwise prohibited, regulated or governed by by-laws passed pursuant to The Municipal Ad,^-^^-^^'^^- and upon such terms as the council of the Cor- poration may deem desirable ; and («) prohibiting persons from soliciting or importuning in or on a pedestrian promenade others to travel in or employ any vehicle or vessel, or to go to any motel, hotel, tourist home, restaurant, auction, game, exhibition, display, theatre, show or other place for the lodging, reception, refreshment, amuse- Application of R.S.0. 1970, c. 349, s. 36 Special rates ment or entertainment of the public, or for regu- lating persons so employed. (2) A by-law passed for the purposes of clause h, i, j or k of subsection 1 shall be deemed to have been passed pursuant to section 36 of The Planning Act and subsections 1 and 4 to 23 of the said section 36 apply, with all necessary modifications, to any such by-law. 3. — (1) A by-law passed pursuant to this Act may provide, with the approval of the Ontario Municipal Board, that the capital cost of any enclosed or covered pedestrian promenade or any part thereof or any operating deficit in the previous year or any part thereof shall be levied as a special rate against the lands in a defined area within the redevelopment area that in the opinion of the council of the Corporation derive special benefit therefrom, provided the by-law shall have appended thereto a schedule establishing the portion of the cost that shall be levied against each parcel of land in the defined area. Computation (2) Where a by-law includes provision for a special rate special pursuant to subsection 1, the entire costs chargeable to lands in the defined area shall be apportioned among all the parcels by any or all or any combination of the following methods, {a) in accordance with the benefits accruing to a parcel of land from the establishment or operation of the enclosed or covered pedestrian promenade; {b) in the proportion that the assessment of each parcel of land bears to the total assessment of the parcels in the defined area; (c) by an equal special rate per foot of frontage of the parcels of land abutting directly on the en- closed or covered pedestrian promenade, according to the extent of their respective frontages thereon. Exemption from, or reduction of, special rate (3) Where the council of the Corporation is of the opinion that any parcel of land has not benefitted from the estab- lishment of an enclosed or covered pedestrian promenade to the same extent as other parcels within a defined area, the council of the Corporation may, in the by-law levying the costs, exempt such parcel from the special rate or make a reduction in the amount of the costs that would otherwise be levied against that parcel. o°8pec?af"°'^ (^) ^^^ council of the Corporation may by general by-law rates or by a by-law applicable to the particular pedestrian promenade prescribe the terms and conditions upon which persons whose lands are specially charged may commute for a payment in cash the special rate imposed thereon in respect of the capital costs of a pedestrian promenade. (5) The net revenue derived from the operation of the Amplication enclosed or covered pedestrian promenade shall be used revenues . from firstly to reduce any special rate levied under subsection 1 operation to be made against the lands in a defined area in the pro- pedestrian portion that the special rate made against each parcel of P'^on^enade land bears to the total special rate. (6) Where, subsequent to the effective date of the by-law Reappor- ^ . .7 1 • 4 , tionment imposing a special rate pursuant to subsection 1, the council of the Corporation is of the opinion that, (a) the special benefit derived from the enclosed or covered pedestrian promenade by a parcel of land in the defined area has increased or decreased from that shown in the by-law; {b) a parcel of land in the defined area has begun to derive or has ceased to derive a special benefit from the enclosed or covered pedestrian promenade ; or (c) a parcel of land outside the defined area has begun to derive a special benefit therefrom, the council of the Corporation may at any time and from time to time by a by-law, passed with the approval of the Ontario Municipal Board, {d) reapportion the balance of the costs mentioned in subsection 1 so that such costs shall be apportioned against each parcel of land that, in the opinion of the council of the Corporation, derives such special benefit ; and (e) redefine the area in the municipajity that, in the opinion of the council of the Corporation, contains the lands that derive a special benefit from the enclosed or covered pedestrian promenade. (7) The special rates imposed under this section shall be Application deemed to be taxes, and the provisions of The Municipal R|o. mo. Act as to the collection and recovery of taxes and the pro- ceedings that may be taken in default of payment thereof, apply. 4. Part XXI of The Municipal Act apphes to a by-law ^fj^°^^^^-^ enacted pursuant to section 2. penalties ment"^"'^^ 5. This Act comes into force on the day it receives Royal Assent. Short title e. The short title of this Act is The City of Thunder Bay Act, 1977. X w w (7) 0 fD 0 0 0 0 a> 3 cr re ■-I ft) 3 i' fD 3 C/5 cr 5i- c Si. "^^ CD ^ •-1 ^ i-i- Si. 00 0^ c^ H-^ t— » H— 0 0 0 ^ ^ ^ ^ ^ ^ n > l-^' 3 v: > 0 0 >-K i-t- H S cr (/I c ^3 3 0) CL r-t- 0) l-l 5 orq dd Pi v: BILL Pr37 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting Loubill Hobbies and Sports Limited Mr. Mackenzie TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr37 1977 An Act respecting Loubill Hobbies and Sports Limited WHEREAS Clayton John St. Louis hereby represents Preamble that Loubill Hobbies and Sports Limited, herein called the Corporation, was incorporated by letters patent dated the 19th day of March, 1964; that the Minister of Consumer and Commercial Relations, by order dated the 17th day of May, 1972, and made under the authority of subsection 3 of section 251 of The Business Corporations Act, cancelled ^Ig^- ^^''^• the letters patent of the Corporation for default in filing annual returns and declared it to be dissolved on the 21st day of June, 1972; that the applicant was one of the directors of the Corporation at the time of the said dis- solution; that default in filing annual returns occurred by reason of inadvertence; that the Corporation at the time of its dissolution owned certain real property; and whereas the applicant hereby applies for special legislation reviving the Corporation; and whereas it is expedient to grant the application ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . Loubill Hobbies and Sports Limited, incorporated Hobbles by letters patent dated the 19th day of March, 1964, is and sports 11 . 1 , . , . -' . , ... Limited hereby revived and is, subject to any rights acquired by revived any person after its dissolution, hereby restored to its legal position as a company incorporated by letters patent, including all its property, rights, privileges and franchises and subject to all its liabilities, contracts, disabilities and debts as at the date of its dissolution in the same manner and to the same extent as if it had not been dissolved. 2. This Act comes into force on the day it receives Royal ^°^^®"°^" Assent. 3. The short title of this Act is The Loubill Hobbies a«^ short title Sports Limited Act, 1977 . to > o w N C-0 a. O o c S-> Oi o a CI. BILL Pr38 Private Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act respecting the Borough of Scarborough Mr. McCaffrey TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL Pr38 1977 An Act respecting the Borough of Scarborough WHEREAS The Corporation of the Borough of Scar- Preamble borough, herein called the Corporation, hereby applies for special legislation in respect of the matter hereinafter set forth; and whereas it is expedient to grant the appli- cation ; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1 . In addition to any of the powers conferred on the council Power to of the Corporation by any general or special Act, the council of contra- the Corporation may, in exercising any of its powers to pass of by-laws by-laws, provide in the same or in another by-law authority to a court, wherein an information is first laid, and to any court of competent jurisdiction thereafter, to issue an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted. 2. This Act comes into force on the day it receives Royal commence- . J J ment Assent. 3. The short title of this Act is The Borough of Scar- short title borough Act, 1977 . ^ >« §■ s R^ o r<> o > &3 11 s w m < c-o Ni ;5 S »- 5^ >i >i <^ r^ » S> s- Si. t*i. t-A . ^ s Ort5 0^5 o (T) O 3 CD n o > £ > <^ :3 C/) o n p o '^ C" O QTQ o 1= orq 13- BILL 1 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Unified Family Court Act, 1976 The Hon. R. McMurtry Attorney General TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes Sections 1 and 2. The amendments result from the postponement of the passing of The Family Law Reform Act, 1977 as proposed in Bill 6. Adjustments are needed to permit the Unified Family Court to adjudicate between July 1st and the date that Act comes into force when passed in matters originally designed to be replaced by The Family Law Reform Act on July 1st but now postponed. This includes the temporary inclusion in the schedule of existing forms of action and the temporary requirement that judges of the Court be surrogate court judges having jurisdiction respecting custody of children. Section 3. The new provision provides for the enforcement by the Unified Family Court, between July 1st and the date when The Family Law Reform Act, 1977 comes into force, of previously rendered orders and judgments for support. The Family Law Reform Act, 1977 would provide similar authority after it takes effect. Also provision is made for variation by the Unified Family Court, between July 1st and the date when The Family Law Reform Act, 1977 comes into force, of previously rendered orders for support. The Family Law Reform Act, 1977 would provide similar authority after it takes effect. BILL 1 1977 An Act to amend The Unified Family Court Act, 1976 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 3 of The Unified Family C'owr^ |j^<^>^^ ~ Act, 1976, being chapter 85, is amended by inserting after "Court" in the third line "and a judge of a surrogate court". (2) Subsection 2 of the said section 3 is amended by inserting \^f2he6. after "Court" in the third line "and a judge of a surrogate court". (3) Subsection 3 of the said section 3 is amended by striking |j^^^^ r-t- ffi <-+ o O 25 3 a> •< ?^ O O 1-t c: w H w •< Ui 5:0 t\i c s 3 ^-» Si. a> C/) ?4- ^. T». s 1—* s CTQ 0 ^ •^ (A5 H 5 ' 0) > a. 3 ^ O s ^ ex > o BILL 1 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Unified Family Court Act, 1976 The Hon. R. McMurtry Attorney General TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 1 1977 An Act to amend The Unified Family Court Act, 1976 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 3 of The Unified Family Cowr/ |-^(})^g^ Act, 1976, being chapter 85, is amended by inserting after "Court" in the third line "and a judge of a surrogate court". (2) Subsection 2 of the said section 3 is amended by inserting Ij^^^ied after "Court" in the third line "and a judge of a surrogate court". (3) Subsection 3 of the said section 3 is amended by striking Ij^^^^^^d out "under the statutory provisions" in the second line. (4) Subsection 4 of the said section 3 is amended by, ameided (a) striking out "or" in the second line and inserting after "division" in the third hne "or a judge of a surrogate court" ; and {h) striking out "or" in the fourth hne and inserting after "division" in the fifth line "or a surrogate court". (5) Subsection 4 of the said section 3 is further amended by |-^^£ied striking out "under the statutory provisions" in the sixth line. (6) Subsections 1, 2 and 4 are repealed on a day to be named f^^8*\°2.4 by proclamation of the Lieutenant Governor. 2. Subsection 1 of section 4 of the said Act is amended by l-^^J^^^gji striking out "under the statutory provisions" in the second line and inserting in lieu thereof "in the matters". 3. — (1) The said Act is amended by adding thereto the following ^^^^^^ section : Enforcement of orders under R.S.0. 1970, c. 369, s. 25 5a. — (1) Section 25 of The Provincial Courts Act applies, with necessary modifications, to the fihng of judgments or orders in the Court and their enforcement, and judgments and orders filed in the Provincial Court (Family Division) of the Judicial District of Hamilton- Wentworth under the said section 25 shall be transferred to and be deemed to be filed in the Court. Variation of orders under R.S.0. 1970, c. 128 (2) The jurisdiction of the Court under section 8 of The Deserted Wives' and Children's Maintenance Act to rehear applications applies notwithstanding that the original order was made by a judge of the Provincial Court (Family Division) of the Judicial District of Hamilton- Went worth. Repeal of section (2) This section is repealed on a day to be named by proclamation of the Lieutenant Governor. s. 23, amended Application of subs. 1 to proceed- ings already commenced 4. Section 23 of the said Act is amended by adding thereto the following subsections: (2) Where a proceeding is commenced in the Provincial Court (Family Division) of the Judicial District of Hamilton- Wentworth ibefore subsection 1 comes into force and no evidence has been heard in the proceeding before subsection 1 comes into force, other than in respect of an interim order, the proceeding shall be deemed to be an application in the Unified Family Court subject to such directions as the court considers appropriate. Idem Enforcement of orders (3) Notwithstanding subsection 1, the Provincial Court (Family Division) of the Judicial District of Hamilton- Wentworth continues to exist for the purpose of completing proceedings commenced in it before this section comes into force and to which subsection 2 does not apply. (4) The Court may enforce orders made by the Provincial Court (Family Division) of the Judicial District of Hamilton- Wentworth in place of that court. S.24, re-enacted 5. Section 24 of the said Act is repealed and the following sub- stituted therefor: Repeal Schedule, re-enacted 24. This Act is repealed on the 1st day of July, 1980. 6. — (1) The Schedule to the said Act is repealed and the following substituted therefor: SCHEDULE Jurisdiction in respect of actions for alimony and under the following statutory provisions : Statutes Annulment of Marriages Act (Ontario) (Canada) The Child Welfare Act The Children's Boarding Homes Act The Children's Maintenance Act The Deserted Wives' and Children's Maintenance Act Divorce Act (Canada) The Education Act, 1974 The Infants Act Juvenile Delinquents Act (Canada) The Marriage Act The Married Women's Property Act The Matrimonial Causes Act The Minors' Protection Act The Parents' Maintenance Act The Partition Act in so far as its application is ancillary to an order under section 12 of The Married Women's Property Act The Reciprocal Enforcement of Maintenance Orders Act The Training Schools Act Provisions All Parts II, III and IV Section 10 All All All Sections 29 and 30 All All Sections 9 and 1 1 Section 12 Sections 1 to 4 Section 2 All All All Section 9 (2) On a day to be named by proclamation of the Lieutenant wem Governor, the Schedule to the said Act, as re-enacted by subsection 1, is repealed and the following substituted therefor : SCHEDULE Jurisdiction under the following statutory provisions : Statutes Provisions Annulment of Marriages Act (Ontario) (Canada) All The Child Welfare Act Parts II and IV The Children's Boarding Homes Act Section 10 Divorce Act (Canada) All The Education Act, 1974 Sections 29 and 30 The Family Law Reform Act, 1977 All, except Part V The Infants Act All Juvenile Delinquents Act (Canada) All The Marriage Act, 1977 Sections 6 and 9 The Minors' Protection Act Section 2 The Reciprocal Enforcement of Maintenance Orders A ct All The Training Schools Act Section 9 Commence- ment Idem Short title 7. — (1) This Act, except sections 3 and 4, comes into force on the day it receives Royal Assent. (2) Sections 3 and 4 come into force on the 1st day of July 1977. 8. The short title of this Act is The Unified Family Court Amend- ment Act, 1977. H W 3 H W 3 >4 3 3 ^^ (T> ?i. a> a. a> 00 to oo ^ >3 to >3 r+ c<> p' a sr » 3- S» ?v. ?i- ?^ 1—' -J O ^ ^ H 3- d 3 fti n o BILL 2 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Environmental Assessment Act, 1975 I The Hon. G. A. Kerr Minister of the Environment TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Note The amendment adds Part II I- A to the Act to provide for the appoint- ment of persons to inquire into such matters related to the purpose of the Act as may be set out in the appointment and to report thereon to the Minister. Section 246 provides that an appointment may be made by the Lieu- tenant Governor in Council upon the recommendation of the Minister. Section 24c states that the purpose of an inquiry and report under the Part is to provide information and advice to the Minister. Section 2id provides that the conduct of and the procedure to be followed on an inquiry, including at a hearing held in the course of an inquiry, is under the control and direction of the appointee. The section also provides that, except in special circumstances, hearings held in the course of an inquiry shall be open to the public, and the appointee may take into account evidence, information and views expressed at hearings and otherwise. Section 2ie requires an appointee to give to any person that the appointee specifies has an interest in the subject-matter of the inquiry an opportunity to give evidence and, where the appointee holds a hearing, to call and examine or to cross-examine witnesses on evidence relevant to the person's interest. Section 24/ provides for class representation at a hearing held in the course of an inquiry. Sections 24g, 24A, 24j and 24; relate to the receipt of evidence, informa- tion and views, oaths and affirmations, and protection of witnesses against self-crimination. Sections 2Ak and 24/ authorize an appointee to summon witnesses and to state a case to the Divisional Court to punish a witness for contempt. Section 24w entitles the Minister, by counsel or otherwise, to take part in a hearing held in the course of an inquiry. Section 24« provides for the stating of a case for determination by the Divisional Court where an appointment or the authority of an appointee is questioned. Subsection 4 of the section authorizes the appointee to proceed with any aspect of the inquiry not in issue in the stated case. Section 24o provides for the release of documents and the copying of documents produced in evidence to an appointee. Section 24/> authorizes an individual appointee, where two or more persons are appointed to conduct an inquiry, to administer oaths and affirmations, to summon witnesses, and to release documents and to copy or permit the copying of documents produced in evidence. Section 24^ states that a report under the Part is not binding with respect to any decision or determination under the Act. Section 24r provides for public inspection of reports made under the Part. BILL 2 1977 An Act to amend The Environmental Assessment Act, 1975 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. The Environmental Assessment Act, 1975, being chapter 69, J^\^2Ar) is amended by adding thereto the following Part : enacted PART III-A INQUIRIES 24a. In this Part, Jatfon"*®' (a) "appointee" means the person or persons appointed to conduct an inquiry; (6) "hearing" means a hearing held in the course of an inquiry ; (c) "inquiry" means an inquiry under this Part. 246. The Lieutenant Governor in Council, on the recom- Appointment ' of person mendation of the Minister, may appoint one or more per- or persons to 1 .. 1,- , ii inquire and sons to mquire mto such matters relatmg to the purpose report of this Act as may be set out in the appointment and to report thereon to the Minister. 24c. The purpose of an inquiry and report under this P'^n)0|f^ < o ^ 3 w 3 Si- S) Si- 0) Co t^ to ?0 C(4 Si SJ- 1. . 1— » S rS vO 0^ Oq tr Q W 3 < •-t O 3 3 > 3 3 > P o r+ > O t/5 a> P 1/1 3 3 3 3 D- r-t- > O i-l- t— ' O -J cn BILL 3 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to require The Essex County Board of Education to provide a French-language Secondary School The Hon. T. L. Wells Minister of Education TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Note The Bill requires The Essex County Board of Education to proceed with the selection of a site for and the planning and construction of a French-language secondary school designed to accommodate 750 French- speaking secondary school pupils and to thereafter conduct and maintain the school as a French-language secondary school in accordance with The Education Act, 1974 and the regulations made thereunder. Where the Board fails to proceed in the manner directed in the Bill, provision is made for the Minister to do all things necessary to cause the school to be constructed and to recover from the Board the expenses in so doing, beyond the amount of any grants payable to the Board by the Minister in respect of the construction of the school. BILL 3 1977 An Act to require The Essex County Board of Education to provide a French-language Secondary School WHEREAS the French-language advisory committee of Preamble The Essex County Board of Education has, since 1969, consistently recommended that a French-language secondary school be provided; and whereas, upon such recommendation having been rejected by the Board in the year 1974, the Languages of Instruction Commission of Ontario recom- mended that the Board provide such a school; and whereas The Essex County Board of Education, having initially rejected the recommendation of the Commission, subse- quently agreed in April, 1975 to proceed with construction of a French-language secondary school, but on and after the 23rd day of February, 1976 ceased to proceed therewith; and whereas a mediator appointed by order in council No. 1452/76 recommended in February, 1977 that the Board build such school, but the Board, on or about the 8th day of March, 1977, decided not to build the school and it is now apparent that no such school will be provided at this time; and whereas there are sufficient French-speaking secondary school pupils resident in or adjacent to the area of jurisdiction of The Essex County Board of Education who have elected to be taught in the French language to warrant the provision of a French-language secondary school; and whereas the public interest, and in particular the interests of such French-speaking secondary school pupils, requires that such a school be constructed; Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, J^Hn?""^' tation {a) "Board" means The Essex County Board of Edu- cation ; Deemed resolution of Board {b) "Deputy Minister" means the Deputy Minister of Education ; (c) "Minister" means the Minister of Education; (d) "Ministry" means the Ministry of Education; (e) "School" means the French-language secondary school required to be constructed by this Act. 2. On the day upon which this Act comes into force, the Board is deemed to have passed a resolution to con- struct a building suitable for a School to accommodate seven hundred and fifty French-speaking secondary school pupils. consS-uct ^* Within thirty days after the coming into force of this School Act, the Board shall, at a special meeting of the Board, (a) select a site for the School that is not, on the day this Act comes into force, the location of an existing school; and (b) appoint an architect and any other persons required for the purpose of building the School, and following such meeting, the Board shall forthwith proceed with the planning and design of the building, obtain all approvals required for construction of the School and, upon receipt of such approvals, proceed in accordance with the policies of the Board to tender and contract for the construction of the School. Notice by Minister Minister may cause School to be constructed 4. — (1) Where, in the opinion of the Minister, the Board fails to take any action or proceeding that it is required to take under section 3, the Minister may, by notice in writing to the Board, specify the action or proceeding that the Board has failed to take and direct the Board to take such action or proceeding within such time, being not less than ten days after the notice is sent, as the notice specifies. (2) Where the Minister has sent notice to the Board under subsection 1 and the Board fails to take the action or proceeding specified in the notice within the time limited therefor, the Minister may thereupon cause all such things to be done as are necessary to construct the School including, but not limited to, the selection of a site, the appointment of an architect, the planning and design of the building, the obtaining of all necessary approvals and the tendering and contracting for the construction of the School. (3) Where the site selected by the Minister under subsec- Possession of tion 2 is owned by the Board, the Board shall be deemed given to to have given possession of the site ■ to the Crown in right ^°^^ of Ontario for the purpose of the construction of the School. (4) Where the site selected under subsection 2 is not owned Acquisition by the Board or by the Crown in right of Ontario, the site 1973, c. 2 shall be acquired under The Ministry of Government Services Act, 1973. (5) Where construction of the School is not carried out by f ^i^'Vt^^ the Board, the ownership of the School, and of the site where vested in the site is acquired under subsection 4, shall, upon completion of the School as certified by the architect, vest in the Board. (6) The expenses incurred by the Minister in taking any ^glj'^^rabie action or proceeding that the Minister is authorized to from take under subsection 2 that are in excess of any moneys payable to the Board by way of grant by the Minister in respect of the construction of the School are a debt due to the Crown by the Board and may be recovered with costs, by action in a court of competent jurisdiction. (7) The Minister, in exercising the powers conferred on use of i_ • 1 1 • /-» 1 r- , ■ services him under subsection 2, may make use of the services and and facilities facilities of any ministry, board, commission or agency of of the Government of Ontario. ^°*^*^^^' (8) The Minister may in writing delegate to the Deputy ^f®^®^*"^'^ Minister or to any officer or officers of the Ministry, sub- Minister's . , 1 1 • • . , • • • T • • powers ject to such limitations, restrictions, conditions or require- ments as the Minister sets out in his delegation, any of the powers conferred on the Minister under subsection 2. 5. The School that is constructed under this Act shall be conduct conducted and maintained by the Board as a French- school language secondary school in accordance with The £" O O Sr c • o ^ 2 t^ C/) U) E>^ -< s A. ?v. >i 5:0 <^> <^> & S) S4- $:^ ^. ^-» , ^ s H W ci. r" c o ^ w o' f 13 r Crt c •Ui c 3 ^-. ^ ^ "< ft) «. (— » ?« 1— » 1— » ^ to >3 s> (-•- C(> l-t- rti <->■ p- Si cr cr t— ' ►— k l_^ s o ^ o ^ --4 »<3 ^ ^ ^ Tj O 3 -1 P orq rn a> pi C C CD P fn ^ 5' H o •-' 1j O 3 i-t- ,_j CL O PJ S '^ a BILL 4 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to provide for Successor Rights on the Transfer of an Undertaking to or from the Grown The Hon. J. A. C. Auld Chairman, Management Board of Cabinet TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Note The Bill preserves the representation and bargaining rights of organi- zations representing employees employed in undertakings transferred from the Crown to other employers and in undertakings transferred from other employers to the Crown. The Bill provides for the determination of questions that may arise on such a transfer. Where the transfer is to an employer other than ihe Crown, the determinations are to be made by the Ontario Labour Relations Board. Where the transfer is to the Crown, the determinations are to be made by the Ontario Public Service Labour Relations Tribunal. Where a trade union or council of trade unions is the certified bargaining agent in respect of an under- taking transferred to the Crown, the trade union or council of trade unions is required to qualify as an employee organization within the meaning of The Crown Employees Collective Bargaining Act, 1972 and where an employee organization has representation rights in respect of an undertaking trans- ferred from the Crown to another employer, the employee organization is required to qualify as a trade union or council of trade unions under The Labour Relations Act. BILL 4 1977 An Act to provide for Successor Rights on the Transfer of an Undertaking to or from the Grown HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) In this Act, Interpre- ^ ' ' tatlon {a) "bargaining agent" means an employee organi- zation that has representation rights under 7^^1972, c. 67 Crown Employees Collective Bargaining Act, 1972 or a trade union or council of trade unions that is certified as a bargaining agent under The Labour ff^^- '^^'^^' Relations Act; (b) "Board" means the Ontario Labour Relations Board ; (c) "collective agreement" means an agreement in writing between the Crown or an employer and an employee organization, trade union or council of trade unions covering terms and conditions of employment ; (d) "Crown" means Her Majesty in right of Ontario; (e) "employer" means an employer other than the Crown ; (/) "transfer" means a conveyance, disposition or sale; ig) "Tribunal" means the Ontario Public Service Labour Relations Tribunal; {h) "undertaking" means a business, enterprise, in- stitution, program, project, work or a part of any of them. Idem 1972, c. 67 (2) For the purposes of an application or other proceeding before the Tribunal under this Act, "employee" has the same meaning as in The Crown Employees Collective Bargain- ing Act, 1972. Where collective agreement binding on employer 2. — (1) Where an undertaking is transferred from the Crown to an employer and a bargaining agent has a col- lective agreement with the Crown in respect of employees employed in the undertaking, the employer is bound by the collective agreement as if a party to the collective agreement until the Board declares otherwise. Where application before Tribunal (2) Where an undertaking is transferred from the Crown to an employer while an application is before the Tribunal for representation rights in respect of employees employed in the undertaking or for a declaration that an employee organization no longer represents employees employed in the undertaking, the application shall be transferred to the Board and the employer is the employer for the purposes of the application as if named as the employer in the appli- cation until the Board declares otherwise. Rights of bargaining agent (3) Where an undertaking is transferred from the Crown to an employer and a bargaining agent has been granted representation rights under any Act and has given or is entitled to give written notice of desire to bargain to make or renew a collective agreement in respect of employees employed in the undertaking, the bargaining agent continues, until the Board declares otherwise, to be the bargaining agent in respect of the employees and is entitled to give to the employer written notice of desire to bargain to make or renew, with or without modifications, a collective agree- ment, as the case requires. Where collective agreement binding on Crown 3. — (1) Where an undertaking is transferred from an employer to the Crown and a bargaining agent has a col- lective agreement with the employer in respect of employees employed in the undertaking, the Crown is bound by the collective agreement as if a party to the collective agreement until the Tribunal declares otherwise. a^lfcation (^^ Where an undertaking is transferred from an employer before Board to the Crown while an application is before the Board for certification or termination of bargaining rights in respect of employees employed in the undertaking, the appHcation shall be transferred to the Tribunal and the Crown is the employer for the purposes of the application as if named as the employer in the application until the Tribunal declares otherwise. (3) Where an undertaking is transferred from an employer birgain/ng to the Crown and a trade union or council of trade unions agent has been certified by the Board as bargaining agent or has given or is entitled to give written notice of desire to bargain to make or renew a collective agreement in respect of employees employed in the undertaking, the bargaining agent continues, until the Tribunal declares otherwise, to be the bargaining agent in respect of the employees and is entitled to give to the body representing the Crown or to the Crown, as the case requires, written notice of desire to bargain to make or renew, with or without modifications, a collective agreement, as the case requires. 4. — (1) Where an undertaking was transferred from the Bo^rd^®"^ Crown to an employer or from an employer to the Crown Tribunal and an employee organization, trade union or council of trade unions was the bargaining agent in respect of employees employed in the undertaking immediately before the trans- fer and, (a) a question arises as to what constitutes a unit of employees that is appropriate for collective bargain- ing purposes in respect of the undertaking; or (b) any person, employee organization, trade union or council of trade unions claims that by virtue of section 2 or 3, a conflict exists as to the bargaining rights of the employee organization, trade union or council of trade unions, any person, employee organization, trade union or council of trade unions concerned may apply to the Board, in the case of the transfer of the undertaking to an employer, or to the Tribunal, in the case of the transfer of the under- taking to the Crown, and the Board or the Tribunal, as the case requires, (c) may determine the composition of the unit of employees referred to in clause a; {d) may amend, to such extent as the Tribunal or the Board considers necessary, (i) any bargaining unit in any certificate issued to any trade union or council of trade unions, (ii) any bargaining unit defined in any col- lective agreement, (iii) any unit of employees determined by the Tribunal to be appropriate for collective bargaining purposes in respect of the under- taking, or (iv) any unit of employees that is designated by the Lieutenant Governor in Council as an appropriate bargaining unit for collective bargaining purposes in respect of the under- taking. ^^^^ (2) Where an undertaking is transferred from the Crown to an employer or from an employer to the Crown, any person, employee organization, trade union or council of trade unions may apply to the Board, in the case of the transfer of the undertaking to an employer, or to the Tri- bunal, in the case of the transfer of the undertaking to the Crown, {a) within sixty days after the transfer of the under- taking; or [b) within sixty days after written notice is given by the employee organization, trade union or council of trade unions of desire to bargain to make or renew, with or without modifications, a collective agreement, and the Board or the Tribunal, as the case requires, may terminate the bargaining rights of the employee organi- zation, trade union or council of trade unions bound by a collective agreement in respect of employees employed in the undertaking or that has given notice, as the case may be, if in the opinion of the Board or the Tribunal, the trans- feree of the undertaking has changed the character of the undertaking so that it is substantially different from the undertaking as it was carried on immediately before the transfer. ^pfoyees ^* — (^) Notwithstanding section 2, where an undertaking intermingled is transferred from the Crown to an employer who inter- mingles the employees employed in the undertaking im- mediately before the transfer with employees employed in one or more other undertakings carried on by the employer or an undertaking is transferred from an employer to the Crown and employees employed in the undertaking imedi- ately before the transfer are intermingled with employees employed in other undertakings of the Crown and an employee organization, trade union or council of trade unions that is the bargaining agent in respect of employees employed in any of the undertakings applies to the Board, in the case of the transfer of the undertaking to an em- ployer, or to the Tribunal, in the case of the transfer of the undertaking to the Crown, the Board or the Tribunal, as the case requires, {a) may declare that the employer or the Crown, as the case may be, is no longer bound by the collective agreement referred to in section 2 or 3; (b) may determine whether the employees concerned constitute one or more appropriate bargaining units ; (c) may declare which employee organization, trade union or council of trade unions shall be the bargaining agent in respect of each such bargaining unit; and (d) may amend, to such extent as the Board or the Tribunal considers necessary, (i) any certificate issued to any trade union or council of trade unions, (ii) any bargaining unit defined in any col- lective agreement, (iii) any unit of employees determined by the Tribunal to be appropriate for collective bargaining purposes in respect of any of the undertakings, or (iv) any unit of employees that is designated by the Lieutenant Governor in Council as an appropriate bargaining unit for collective bargaining purposes in respect of any of the undertakings. (2) Where an employee organization, trade union or where •1 r.j f-'. j°, j^, , •• bargaining council of trade unions is declared to be a bargaining agent agent under subsection 1 and it is not already bound by a collective agreement with the successor employer in respect of employees employed in the undertaking that was transferred, the employee organization, trade union or council of trade unions is entitled to give to the successor employer written notice of desire to bargain to make or renew, with or without modifications, a collective agreement. 6. — (1) Notwithstanding any other provision of this Act, Compliance requirements («) a trade union or council of trade unions shall not ^argai exercise representation rights or act as bargaining agent ning 1972, c. 67, agent in respect of employees employed in an undertaking transferred from an employer to the Crown unless the trade union or council of trade unions qualifies as an employee organization under The Crown Employees Collective Bargaining Act, 1972; and R.S.0. 1970, c. 232 {h) an employee organization shall not exercise repre- sentation rights or act as bargaining agent in respect of employees employed in an undertaking transferred from the Crown to an employer unless the employee organization qualifies as a trade union or council of trade unions under The Labour Relations Act. Amplication (2) Except as otherwise provided in this Act, where RS.o. 1970, an undertaking is transferred from the Crown to an 1972,0.67 employer, The Labour Relations Act applies to a bargaining agent that has representation rights in respect of the employees employed in the undertaking and to the em- ployees and where an undertaking is transferred from an employer to the Crown, The Crown Employees Collective Bargaining Act, 1972 applies to a bargaining agent that is certified as a bargaining agent in respect of the employees employed in the undertaking and to the employees. 7. Before disposing of an application under this Act, the Board or the Tribunal, as the case may be, may require the production of such evidence and the doing of such things, or may hold such representation votes, as it con- siders appropriate. 8. Where an application is made under this Act, the Crown or the employer, as the case may be, is not required, notwithstanding that a notice has been given by an employee organization, trade union or council of trade unions to bargain with the employee organization, trade union or council of trade unions, as the case may be, con- cerning the employees to whom the application relates until the Board or the Tribunal, as the case requires, has disposed of the application and has declared which em- ployee organization, trade union or council of trade unions, if any, has the right to bargain with the Crown or the employer, as the case may be, on behalf of the employees concerned in the application. Effe^otof 9^ Por the purposes of The Crown Employees Collective declaration Bargaining Act, 1972 and The Labour Relations Act, notice given under this Act of desire to bargain, to make or renew, with or without modifications, a collective agreement or a Powers of Board or Tribunal before disposing of application Where Crown or employer not required to bargain declaration by the Board or the Tribunal that an employee organization, trade union or council of trade unions is the bargaining agent in respect of the employees in a bargaining unit has the same effect as the granting of representation rights or certification as bargaining agent. 10. — (1) Where, on an application before the Board ^°^^®^*j°g under this Act, a question arises as to whether an under- ^*^^*g^|^ taking has been transferred from the Crown to an employer, the Board shall determine the question and its decision is final and conclusive for the purposes of this Act. (2) Where, on an application before the Tribunal under i^em this Act, a question arises as to whether an undertaking has been transferred from an employer to the Crown, the Tribunal shall determine the question and its decision is final and conclusive for the purposes of this Act. (3) Where, on an application under this Act, an employee Duty of ^ . . .^ ., , , . 11 respondent organization, trade union or council of trade unions alleges that an undertaking was transferred from the Crown to an employer or from an employer to the Crown, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation. 1 1 . This Act shall be deemed to have come into force m°e^t"^°°^ on the 31st day of March, 1977. 12. The short title of this Act is The Successor /?igA/s short title {Crown Transfers) Act, 1977. CT) to r+ •> ^3 ft! =■ H> "-t o p (-♦- Q 3 r+ ^H (/) O o o .^5 Si^ Si. S) 3 (-+ N. J. A. . Manage of Cabin Si 3 n> 3- Si- 3^ O ■-1 o 3 fc 3 -^ ^^ ►-1 C >-»■ 3 o (^ ^' O 3 P3 O 5^ ^ 3 ^ ►-. !/l C<> ^ 3 on Crq O Od c ^^ i-i o r o ?d 3 3 BILL 4 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to provide for Successor Rights on the Transfer of an Undertaking to or from the Crown The Hon. J. A. C. Auld Chairman, Management Board of Cabinet {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 preserves the representation and bargaining rights of organi- zations representing employees employed in undertakings transferred from the Crown to other employers and in undertakings transferred from other employers to the Crown. The Bill provides for the determination of questions that may arise on such a transfer. Where the transfer is to an employer other than the Crown, the determinations are to be made by the Ontario Labour Relations Board. Where the transfer is to the Crown, the determinations are to be made by the Ontario Public Service Labour Relations Tribunal. Where a trade union or council of trade unions is the certified bargaining agent in respect of an under- taking transferred to the Crown, the trade union or council of trade unions is required to qualify as an employee organization within the meaning of The Crown Employees Collective Bargaining Act, 1972 and where an employee organization has representation rights in respect of an undertaking trans- ferred from the Crown to another employer, the employee organization is required to qualify as a trade union or council of trade unions under The Labour Relations Act. BILL 4 1977 An Act to provide for Successor Rights on the Transfer of an Undertaking to or from the Crown H ER 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- ' y ' > tation {a) "bargaining agent" means an employee organi- zation that has representation rights under The i9'72. c. 67 Crown Employees Collective Bargaining Act, 1972 or a trade union or council of trade unions that is certified as a bargaining agent under The Labour ff ^2-^^^' Relations Act; (b) "Board" means the Ontario Labour Relations Board ; (c) "collective agreement" means an agreement in writing between the Crown or an employer and an employee organization, trade union or council of trade unions covering terms and conditions of employment ; {d) "Crown" means Her Majesty in right of Ontario; (e) "employer" means an employer other than the Crown ; (/) "transfer" means a conveyance, disposition or sale; (g) "Tribunal" means the Ontario Public Service Labour Relations Tribunal; (h) "undertaking" means a business, enterprise, in- stitution, program, project, work or a part of any of them. Idem 1972, c. 67 (2) For the purposes of an application or other proceeding before the Tribunal under this Act, "employee" has the same meaning as in The Crown Employees Collective Bargain- ing Act, 1972. Where collective agreement binding on employer Where application before Tribunal 2. — (1) Where an undertaking is transferred from the Crown to an employer and a bargaining agent has a col- lective agreement with the Crown in respect of employees employed in the undertaking, the employer is bound by the collective agreement as if a party to the collective agreement until the Board declares otherwise. (2) Where an undertaking is transferred from the Crown to an employer while an application is before the Tribunal for representation rights in respect of employees employed in the undertaking or for a declaration that an employee organization no longer represents employees employed in the undertaking, the application shall be transferred to the Board and the employer is the employer for the purposes of the application as if named as the employer in the appli- cation until the Board declares otherwise. Rights of bargaining agent (3) Where an undertaking is transferred from the Crown to an employer and a bargaining agent has been granted representation rights under any Act and has given or is entitled to give written notice of desire to bargain to make or renew a collective agreement in respect of employees employed in the undertaking, the bargaining agent continues, until the Board declares otherwise, to be the bargaining agent in respect of the employees and is entitled to give to the employer written notice of desire to bargain to make or renew, with or without modifications, a collective agree- ment, as the case requires. Where collective agreement binding on Crown 3. — (1) Where an undertaking is transferred from an employer to the Crown and a bargaining agent has a col- lective agreement with the employer in respect of employees employed in the undertaking, the Crown is bound by the collective agreement as if a party to the collective agreement until the Tribunal declares otherwise. a^lication ("^^ Where an undertaking is transferred from an employer before Board to the Crowu while an application is before the Board for certification or termination of bargaining rights in respect of employees employed in the undertaking, the application shall be transferred to the Tribunal and the Crown is the employer for the purposes of the application as if named as the employer in the application until the Tribunal declares otherwise. (3) Where an undertaking is transferred from an employer ^ifgiining to the Crown and a trade union or council of trade unions agent has been certified by the Board as bargaining agent or has given or is entitled to give written notice of desire to bargain to make or renew a collective agreement in respect of employees employed in the undertaking, the bargaining agent continues, until the Tribunal declares otherwise, to be the bargaining agent in respect of the employees and is entitled to give to the body representing the Crown or to the Crown, as the case requires, written notice of desire to bargain to make or renew, with or without modifications, a collective agreement, as the case requires. 4. — (1) Where an undertaking was transferred from the powers of ^ ' ° , ^ Board and Crown to an employer or from an employer to the Crown Tribunal and an employee organization, trade union or council of trade unions was the bargaining agent in respect of employees employed in the undertaking immediately before the trans- fer and, (a) a question arises as to what constitutes a unit of employees that is appropriate for collective bargain- ing purposes in respect of the undertaking; or (b) any person, employee organization, trade union or council of trade unions claims that by virtue of section 2 or 3, a conflict exists as to the bargaining rights of the employee organization, trade union or council of trade unions, any person, employee organization, trade union or council of trade unions concerned may apply to the Board, in the case of the transfer of the undertaking to an employer, or to the Tribunal, in the case of the transfer of the under- taking to the Crown, and the Board or the Tribunal, as the case requires, (c) may determine the composition of the unit of employees referred to in clause a; (d) may amend, to such extent as the Tribunal or the Board considers necessary, (i) any bargaining unit in any certificate issued to any trade union or council of trade unions, (ii) any bargaining unit defined in any col- lective agreement, (iii) any unit of employees determined by the Tribunal to be appropriate for collective bargaining purposes in respect of the under- taking, or (iv) any unit of employees that is designated by the Lieutenant Governor in Council as an appropriate bargaining unit for collective bargaining purposes in respect of the under- taking. I'i®™ (2) Where an undertaking is transferred from the Crown to an employer or from an employer to the Crown, any person, employee organization, trade union or council of trade unions may apply to the Board, in the case of the transfer of the undertaking to an employer, or to the Tri- bunal, in the case of the transfer of the undertaking to the Crown, (a) within sixty days after the transfer of the under- taking; or (b) within sixty days after written notice is given by the employee organization, trade union or council of trade unions of desire to bargain to make or renew, with or without modifications, a collective agreement, and the Board or the Tribunal, as the case requires, may terminate the bargaining rights of the employee organi- zation, trade union or council of trade unions bound by a collective agreement in respect of employees employed in the undertaking or that has given notice, as the case may be, if in the opinion of the Board or the Tribunal, the trans- feree of the undertaking has changed the character of the undertaking so that it is substantially different from the undertaking as it was carried on immediately before the transfer. empfoyees ^' — (^) Notwithstanding section 2, where an undertaking intermingled is transferred from the Crown to an employer who inter- mingles the employees employed in the undertaking im- mediately before the transfer with employees employed in one or more other undertakings carried on by the employer or an undertaking is transferred from an employer to the Crown and employees employed in the undertaking imedi- ately before the transfer are intermingled with employees employed in other undertakings of the Crown and an employee organization, trade union or council of trade unions that is the bargaining agent in respect of employees employed in any of the undertakings applies to the Board, in the case of the transfer of the undertaking to an em- ployer, or to the Tribunal, in the case of the transfer of the undertaking to the Crown, the Board or the Tribunal, as the case requires, (a) may declare that the employer or the Crown, as the case may be, is no longer bound by the collective agreement referred to in section 2 or 3; {b) may determine whether the employees concerned constitute one or more appropriate bargaining units ; (c) may declare which employee organization, trade union or council of trade unions shall be the bargaining agent in respect of each such bargaining unit; and (d) may amend, to such extent as the Board or the Tribunal considers necessary, (i) any certificate issued to any trade union or council of trade unions, (ii) any bargaining unit defined in any col- lective agreement, (iii) any unit of employees determined by the Tribunal to be appropriate for collective bargaining purposes in respect of any of the undertakings, or (iv) any unit of employees that is designated by the Lieutenant Governor in Council as an appropriate bargaining unit for collective bargaining purposes in respect of any of the undertakings. (2) Where an employee organization, trade union or ^^^^jj^j^ council of trade unions is declared to be a bargaining agent agent under subsection 1 and it is not already bound by a collective agreement with the successor employer in respect of employees employed in the undertaking that was transferred, the employee organization, trade union or council of trade unions is entitled to give to the successor employer written notice of desire to bargain to make or renew, with or without modifications, a collective agreement. 6. — (1) Notwithstanding any other provision of this Act, compliance requirements (a) a trade union or council of trade unions shall not bargaining exercise representation rights or act as bargaining asrent 1972, c. 67, agent in respect of employees employed in an undertaking transferred from an employer to the Crown unless the trade union or council of trade unions qualifies as an employee organization under The Crown Employees Collective Bargaining Act, 1972; and R.S.0. 1970, C.232 {h) an employee organization shall not exercise repre- sentation rights or act as bargaining agent in respect of employees employed in an undertaking transferred from the Crown to an employer unless the employee organization qualifies as a trade union or council of trade unions under The Labour Relations Act. Application R.S.0. 1970, c.232; 1972, c. 67 (2) Except as otherwise provided in this Act, where an undertaking is transferred from the Crown to an employer, The Labour Relations Act applies to a bargaining agent that has representation rights in respect of the employees employed in the undertaking and to the em- ployees and where an undertaking is transferred from an employer to the Crown, The Crown Employees Collective Bargaining Act, 1972 applies to a bargaining agent that is certified as a bargaining agent in respect of the employees employed in the undertaking and to the employees. 7. — (1) An application may be made to the Tribunal or Application for declaration of to the Board and, qualification {a) the Tribunal may declare whether or not a trade union or council of trade unions qualifies as an employee organization under The Crown Employees Collective Bargaining Act, 1972; and (6) the Board may declare whether or not an employee organization qualifies as a trade union or council of trade unions under The Labour Relations Act. P®^4^**^°? (2) Where the Tribunal is not satisfied that the trade by Tribunal ^ ' or Board union or council of trade unions is so qualified or the Board is not satisfied that the employee organization is so qualified, the Tribunal or the Board, as the case may be, may specify the steps necessary to so qualify and when satisfied that the steps have been taken, (a) the Tribunal shall declare that the trade union, council of trade unions or the successor of either of them is so qualified; or (b) the Board shall declare that the employee organ- ization or its successor is so qualified. (3) A trade union, council of trade unions or successor of ||^®°*^°[jqjj either of them that is declared by the Tribunal to be so by Tribunal qualified shall be deemed to have been qualified as an em- ployee organization under The Crown Employees Collective ^^^' ^- ^'^ Bargaining Act, 1972 from and including the day of the transfer to the Crown of the undertaking to which the declaration relates. (4) An employee organization or its successor that is f^®aration declared by the Board to be so qualified shall be deemed by Board to have been qualified as a trade union or council of trade unions under The Labour Relations A ct from and including ^-^o. i970. the day of the transfer to the employer of the undertaking to which the declaration relates. "^PC 8. Before disposing of an application under this Act,P°were^of the Board or the Tribunal, as the case may be, may require Tribunal the production of such evidence and the doing of such disposing of things, or may hold such representation votes, as it con-*^^ siders appropriate. 9. Where an application is made under this Act, the ^emp?o7^° Crown or the employer, as the case may be, is not required, ^°*^ij.e^j.o notwithstanding that a notice has been given by an bargain employee organization, trade union or council of trade unions, to bargain with the employee organization, trade union or council of trade unions, as the case may be, con- cerning the employees to whom the application relates until the Board or the Tribunal, as the case requires, has disposed of the application and has declared which em- ployee organization, trade union or council of trade unions, if any, has the right to bargain with the Crown or the employer, as the case may be, on behalf of the employees concerned in the application. 10. For the purposes of The Crown Employees Collective Q^®j°g°r Bargaining Act, 1972 and The Labour Relations Act, notice declaration given under this Act of desire to bargain, to make or renew, with or without modifications, a collective agreement or a declaration by the Board or the Tribunal that an employee organization, trade union or council of trade unions is the bargaining agent in respect of the employees in a bargaining unit has the same effect as the granting of representation rights or certification as bargaining agent. 11. — (1) Where, on an application before the Board ^°^^®J5j^*°g under this Act, a question arises as to whether an under- whether Idem Duty of respondent taking has been transferred from the Crown to an employer, the Board shall determine the question and its decision is final and conclusive for the purposes of this Act. (2) Where, on an application before the Tribunal under this Act, a question arises as to whether an undertaking has been transferred from an employer to the Crown, the Tribunal shall determine the question and its decision is final and conclusive for the purposes of this Act. (3) Where, on an application under this Act, an employee organization, trade union or council of trade unions alleges that an undertaking was transferred from the Crown to an employer or from an employer to the Crown, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation. Commence- ment Short title 12. This Act shall be deemed to have come into force on the 31st day of March, 1977. 13. The short title of this Act is The Successor Rights {Crown Transfers) Act, 1977. ^1 n in- H s 3 w P X o o l-K 2 z ^ a' p 5' orq > (-1- 3 3 o (-1- > w a o r p d U) ^ 1— » Si- c 3 >3 ^ «> 5^ S^ 3* Si- c^ 1' O •^ ^ i-l o fU r-t- 3 r^ c/1 O fD ^ O O "^ < r-l- P n] 3- 3 fD I ^^ ^ >-t c 3 (/> orq O 2 <^ ^ 3- p— K <'^ 3 O 3 3 BILL 4 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to provide for Successor Rights on the Transfer of an Undertaking to or from the Crown The Hon. J. A. C. Auld Chairman, Management Board of Cabinet TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 4 1977 An Act to provide for Successor Rights on the Transfer of an Undertaking to or from the Crown HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: l.-(l) In this Act. Inte^^re- {a) "bargaining agent" means an employee organi- zation that has representation rights under 7^^1972,0.67 Crown Employees Collective Bargaining Act, 1972 or a trade union or council of trade unions that is certified as a bargaining agent under The Labour ^fg^- ^^''"• Relations Act; (b) "Board" means the Ontario Labour Relations Board ; (c) "collective agreement" means an agreement in writing between the Crown or an employer and an employee organization, trade union or council of trade unions covering terms and conditions of employment ; (d) "Crown" means Her Majesty in right of Ontario; (e) "employer" means an employer other than the Crown ; (/) "transfer" means a conveyance, disposition or sale; ig) "Tribunal" means the Ontario Public Service Labour Relations Tribunal; {h) "undertaking" means a business, enterprise, in- stitution, program, project, work or a part of any of them. Idem 1972, c. 67 (2) For the purposes of an application or other proceeding before the Tribunal under this Act, "employee" has the same meaning as in The Crown Employees Collective Bargain- ing Act, 1972. Where collective agreement binding on employer Where application before Tribunal 2. — (1) Where an undertaking is transferred from the Crown to an employer and a bargaining agent has a col- lective agreement with the Crown in respect of employees employed in the undertaking, the employer is bound by the collective agreement as if a party to the collective agreement until the Board declares otherwise. (2) Where an undertaking is transferred from the Crown to an employer while an application is before the Tribunal for representation rights in respect of employees employed in the undertaking or for a declaration that an employee organization no longer represents employees employed in the undertaking, the application shall be transferred to the Board and the employer is the employer for the purposes of the application as if named as the employer in the appli- cation until the Board declares otherwise. Rights of bargaining agent (3) Where an undertaking is transferred from the Crown to an employer and a bargaining agent has been granted representation rights under any Act and has given or is entitled to give written notice of desire to bargain to make or renew a collective agreement in respect of employees employed in the undertaking, the bargaining agent continues, until the Board declares otherwise, to be the bargaining agent in respect of the employees and is entitled to give to the employer written notice of desire to bargain to make or renew, with or without modifications, a collective agree- ment, as the case requires. Where collective agreement binding on Crown 3. — (1) Where an undertaking is transferred from an employer to the Crown and a bargaining agent has a col- lective agreement with the employer in respect of employees employed in the undertaking, the Crown is bound by the collective agreement as if a party to the collective agreement until the Tribunal declares otherwise. a^lication (^) Where an undertaking is transferred from an employer before Board to the Crown while an application is before the Board for certification or termination of bargaining rights in respect of employees employed in the undertaking, the application shall be transferred to the Tribunal and the Crown is the employer for the purposes of the application as if named as the employer in the application until the Tribunal declares otherwise. (3) Where an undertaking is transferred from an employer bif g^in/ng to the Crown and a trade union or council of trade unions agent has been certified by the Board as bargaining agent or has given or is entitled to give written notice of desire to bargain to make or renew a collective agreement in respect of employees employed in the undertaking, the bargaining agent continues, until the Tribunal declares otherwise, to be the bargaining agent in respect of the employees and is entitled to give to the body representing the Crown or to the Crown, as the case requires, written notice of desire to bargain to make or renew, with or without modifications, a collective agreement, as the case requires. 4. — (1) Where an undertaking was transferred from the po^^^^^s of Crown to an employer or from an employer to the Crown Tribunal and an employee organization, trade union or council of trade unions was the bargaining agent in respect of employees employed in the undertaking immediately before the trans- fer and, {a) a question arises as to what constitutes a unit of employees that is appropriate for collective bargain- ing purposes in respect of the undertaking; or {b) any person, employee organization, trade union or council of trade unions claims that by virtue of section 2 or 3, a conflict exists as to the bargaining rights of the employee organization, trade union or council of trade unions, any person, employee organization, trade union or council of trade unions concerned may apply to the Board, in the case of the transfer of the undertaking to an employer, or to the Tribunal, in the case of the transfer of the under- taking to the Crown, and the Board or the Tribunal, as the case requires, (c) may determine the composition of the unit of employees referred to in clause a; (d) may amend, to such extent as the Tribunal or the Board considers necessary, (i) any bargaining unit in any certificate issued to any trade union or council of trade unions, (ii) any bargaining unit defined in any col- lective agreement. (iii) any unit of employees determined by the Tribunal to be appropriate for collective bargaining purposes in respect of the under- taking, or (iv) any unit of employees that is designated by the Lieutenant Governor in Council as an appropriate bargaining unit for collective bargaining purposes in respect of the under- taking. Idem (2) Where an undertaking is transferred from the Crown to an employer or from an employer to the Crown, any person, employee organization, trade union or council of trade unions may apply to the Board, in the case of the transfer of the undertaking to an employer, or to the Tri- bunal, in the case of the transfer of the undertaking to the Crown, {a) within sixty days after the transfer of the under- taking; or (6) within sixty days after written notice is given by the employee organization, trade union or council of trade unions of desire to bargain to make or renew, with or without modifications, a collective agreement, and the Board or the Tribunal, as the case requires, may terminate the bargaining rights of the employee organi- zation, trade union or council of trade unions bound by a collective agreement in respect of employees employed in the undertaking or that has given notice, as the case may be, if in the opinion of the Board or the Tribunal, the trans- feree of the undertaking has changed the character of the undertaking so that it is substantially different from the undertaking as it was carried on immediately before the transfer. ^^®p 5. — (1) Notwithstanding section 2, where an undertaking employees . r ■, <■ i /? i • intermingled is transferred from the Crown to an employer who inter- mingles the employees employed in the undertaking im- mediately before the transfer with employees employed in one or more other undertakings carried on by the employer or an undertaking is transferred from an employer to the Crown and employees employed in the undertaking imedi- ately before the transfer are intermingled with employees employed in other undertakings of the Crown and an employee organization, trade union or council of trade unions that is the bargaining agent in respect of employees employed in any of the undertakings applies to the Board, in the case of the transfer of the undertaking to an em- ployer, or to the Tribunal, in the case of the transfer of the undertaking to the Crown, the Board or the Tribunal, as the case requires, (a) may declare that the employer or the Crown, as the case may be, is no longer bound by the collective agreement referred to in section 2 or 3; (b) may determine whether the employees concerned constitute one or more appropriate bargaining units ; (c) may declare which employee organization, trade union or council of trade unions shall be the bargaining agent in respect of each such bargaining unit ; and {d) may amend, to such extent as the Board or the Tribunal considers necessary, (i) any certificate issued to any trade union or council of trade unions, (ii) any bargaining unit defined in any col- lective agreement, (iii) any unit of employees determined by the Tribunal to be appropriate for collective bargaining purposes in respect of any of the undertakings, or (iv) any unit of employees that is designated by the Lieutenant Governor in Council as an appropriate bargaining unit for collective bargaining purposes in respect of any of the undertakings. (2) Where an employee organization, trade union or j^l^lning council of trade unions is declared to be a bargaining agen^t^^^^^^ agent under subsection 1 and it is not already bound by a collective agreement with the successor employer in respect of employees employed in the undertaking that was transferred, the employee organization, trade union or council of trade unions is entitled to give to the successor employer written notice of desire to bargain to make or renew, with or without modifications, a collective agreement. 6. — (1) Notwithstanding any other provision of this Act, compliance requirements (a) a trade union or council of trade unions shall not bargaining exercise representation rights or act as bargaining ^^^^^ 6 1972, c. 67, agent in respect of employees employed in an undertaking transferred from an employer to the Crown unless the trade union or council of trade unions qualifies as an employee organization under The Crown Employees Collective Bargaining Act, 1972; and R.S.0. 1970, c. 232 {h) an employee organization shall not exercise repre- sentation rights or act as bargaining agent in respect of employees employed in an undertaking transferred from the Crown to an employer unless the employee organization qualifies as a trade union or council of trade unions under The Labour Relations Act. Application R.S.0. 1970, C.232; 1972, c. 67 (2) Except as otherwise provided in this Act, where an undertaking is transferred from the Crown to an employer, The Labour Relations Act applies to a bargaining agent that has representation rights in respect of the employees employed in the undertaking and to the em- ployees and where an undertaking is transferred from an employer to the Crown, The Crown Employees Collective Bargaining Act, 1972 apphes to a bargaining agent that is certified as a bargaining agent in respect of the employees employed in the undertaking and to the employees. 7. — (1) An application may be made to the Tribunal or Application for declaration of to the Board and, qualification {a) the Tribunal may declare whether or not a trade union or council of trade unions qualifies as an employee organization under The Crown Employees Collective Bargaining Act, 1972; and (6) the Board may declare whether or not an employee organization qualifies as a trade union or council of trade unions under The Labour Relations Act. Declaration by Tribunal or Board (2) Where the Tribunal is not satisfied that the trade union or council of trade unions is so qualified or the Board is not satisfied that the employee organization is so qualified, the Tribunal or the Board, as the case may be, may specify the steps necessary to so qualify and when satisfied that the steps have been taken, {a) the Tribunal shall declare that the trade union, council of trade unions or the successor of either of them is so quahfied; or (b) the Board shall declare that the employee organ- ization or its successor is so qualified. (3) A trade union, council of trade unions or successor of 1^®^^°^^^^^ either of them that is declared by the Tribunal to be so by Tribunal qualified shall be deemed to have been qualified as an em- ployee organization under The Crown Employees Collective ^^^' c. 67 Bargaining Act, 1972 from and including the day of the transfer to the Crown of the undertaking to which the declaration relates. (4) An employee organization or its successor that is ffgiaration declared by the Board to be so qualified shall be deemed by Board to have been qualified as a trade union or council of trade unions under The Labour Relations A ct from and including ^^^o- 1^''^- the day of the transfer to the employer of the undertaking to which the declaration relates. 8. Before disposing of an application under this Act, goanfor^ the Board or the Tribunal, as the case may be, may require Tribunal the production of such evidence and the doing of such disposing of things, or may hold such representation votes, as it con-*^^ siders appropriate. 0. Where an application is made under this Act, the ^empPo'^y«'° Crown or the employer, as the case may be, is not required, not notwithstanding that a notice has been given by an bargain employee organization, trade union or council of trade unions, to bargain with the employee organization, trade union or council of trade unions, as the case may be, con- cerning the employees to whom the application relates until the Board or the Tribunal, as the case requires, has disposed of the application and has declared which em- ployee organization, trade union or council of trade unions, if any, has the right to bargain with the Crown or the employer, as the case may be, on behalf of the employees concerned in the application. 10. For the purposes of The Crown Employees Collective ^5®igg°^j, Bargaining Act, 1972 and The Labour Relations Act, notice declaration given under this Act of desire to bargain, to make or renew, with or without modifications, a collective agreement or a declaration by the Board or the Tribunal that an employee organization, trade union or council of trade unions is the bargaining agent in respect of the employees in a bargaining unit has the same effect as the granting of representation rights or certification as bargaining agent. 11. — (1) Where, on an application before the Board J°j^®^^j°g under this Act, a question arises as to whether an under- whether ' * transfer 8 Idem Duty of respondent taking has been transferred from the Crown to an employer, the Board shall determine the question and its decision is final and conclusive for the purposes of this Act. (2) Where, on an application before the Tribunal under this Act, a question arises as to whether an undertaking has been transferred from an employer to the Crown, the Tribunal shall determine the question and its decision is final and conclusive for the purposes of this Act. (3) Where, on an application under this Act, an employee organization, trade union or council of trade unions alleges that an undertaking was transferred from the Crown to an employer or from an employer to the Crown, the respondents to the application shall adduce at the hearing all facts within their knowledge that are material to the allegation. Commence- ment Short title 12. This Act shall be deemed to have come into force on the 31st day of March, 1977. 13. The short title of this Act is The Successor Rights {Crown Transfers) Act, 1977. o H s 3 w X o o ^ 2: 9^ ^ H' ^ 5 on? > 3 in 3 p l-K > w c: o r p 0 •1 a 0 0 t— 1 0 Uj c^ ^ t— 1 c 3 ^ Si- ^ 5^ C/) >-t H— •TH. 00 p" >3 1— ' S) >3 ^ 0 -J ^ 1— k r^ r> ^ 3 H> •-I 0 pj i-t- 3 <-»■ cfl 0 !S» J?^ •-I 0 0 ^ < r^ P 51 tr 3 fD Oi 0 ?0 3 -1 0 1-1 c 3 <-»■ rt p 0 >r (t ►-. (/> 3 S2 orq 0 <-♦- . , 0 ^ 0 orq •^ 3- •-►» ^ <-t w i§ BILL 5 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act to amend The Income Tax Act The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes Section 1. — ^Subsections 1 and 2. Subsection 3 of section 3 now reads as follows : {3) For the purposes of this section, the percentage of the tax payable under the Federal Act to be used for computing the tax payable under this section is, (a) 16 per cent in respect of the 1962 taxation year; {b) 17 per cent in respect of the 1963 taxation year ; (c) 18 per cent in respect of the 1964 taxation year ; (d) 21 per cent in respect of the 1965 taxation year ; {e) 24 per cent in respect of the 1966 taxation year ; if) 28 per cent tn respect of the 1967, 1968, 1969 and 1970 taxation years ; (g) 27.5 per cent in respect of the 1971 taxation year ; and (h) 30.5 per cent m respect of the 1972. 1973. 1974. 1975. 1976 and 1977 taxation years. The amendments provide a new rate of income tax for the 1977 taxation year which is intended to increase the Province's share of the total income tax payable by a resident of Ontario to Canada and to Ontario. Income tax payable to Canada will decrease under arrangements made between the Province and the Federal Government and the increased rate proposed by the amendment will transfer to Ontario the reduction in Canada's share of the total personal income tax payable. Subsection 3. Subclause ii of clause b of section 3 (6) now reads as follows : (n) the taxpayer's income. (A) for the year, if section 114 of the Federal Act is not applicable, or (B) if section 114 of the Federal Act is applicable, for the period or periods in the year referred to tn paragraph a thereof, minus any amounts deductible under clause b of subsection 1 of section 111 or section 112 of the Federal Act for the yea) or such period or periods, as the case may be. These amendments are consequential to changes made in the Federal Act by Federal Bill C-22, which was assented to on February 24, 1977. The words added are intended, firstly, to clarify the application of sub- clause ii to income earned in Ontario, and secondly, to add a reference to section 110.1 of the Federal Act so that a taxpayer's deduction for eligible interest and dividends will not reduce his claim for a foreign tax credit against income tax. BILL 5 1977 An Act to amend The Income Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Clause g of subsection 3 of section 3 of The Income Tax li^ended Act, being chapter 217 of the Revised Statutes of Ontario, 1970, as enacted by the Statutes of Ontario, 1971 (2nd Session), chapter 1, section 3, is amended by striking out "and" in the second Hne. (2) Clause h of subsection 3 of the said section 3, as re-enacted ^-enacted by the Statutes of Ontario, 1976, chapter 81, section 1, is repealed and the following substituted therefor: [h) 30.5 per cent in respect of the 1972, 1973, 1974, 1975 and 1976 taxation years; and {i) 44 per cent in respect of the 1977 taxation year. (3) Subclause ii of clause h of subsection 6 of the said section amended ^"^' 3, as re-enacted by the Statutes of Ontario, 1971 (2nd Session), chapter 1, section 3 and amended by the Statutes of Ontario, 1976, chapter 12, section 1, is further amended, [a] by inserting after "income" in the first line "earned in Ontario"; and (6) by striking out "clause" in the tenth line and inserting in lieu thereof "section 110.1 or paragraph". 2. Subsection 2 of section 5 of the said Act, as amended by the re-inacted Statutes of Ontario, 1971 (2nd Session), chapter 1, section 5, is repealed and the following substituted therefor: (2) Subsection 1 applies only in the case of an individual ^^Pj^^*Ji°° whose chief source of income throughout the averaging period was from farming or fishing. s. 6a, amended s. 10 (1), amended 1970-71-72, c. 229 (Can.) s. 10 (1), amended R.S.C. 1970, c.A-2 3. Section 6a of the said Act, as re-enacted by the Statutes of Ontario, 1976, chapter 12, section 2, is amended by striking out "$1,534" in the second line and inserting in lieu thereof "$1,680". 4. — (1) Subsection 1 of section 10 of the said Act, as amended by the Statutes of Ontario, 1971 (2nd Session), chapter 1, section 10, is further amended by adding thereto the following clause: (da) an amount as a benefit under the Unemployment Insurance Act, 1971 (Canada). (2) Subsection 1 of the said section 10 is further amended by striking out "or" at the end of clause g and by adding thereto the following clauses: {i) an adult training allowance under the Adult Oc- cupational Training A ct (Canada) ; (j) a payment out of or under a registered retirement savings plan or a plan referred to in subsection 12 of section 146 of the Federal Act as an amended plan; or (k) an amount as, on account of, or in lieu of payment of, or in satisfaction of proceeds of the surrender, cancellation or redemption of an income averaging annuity contract. Commence- ment Short title 5. This Act shall be deemed to have come into force on the 1st day of January, 1977. 6. The short title of this Act is The Income Tax Amendment Act, 1977. Section 2. Subsection 2 of section 5 now reads as follows : (2) Subsection 1 applies only in the case of an individual who, (a) throughout the averaging period, (i) resided in Ontario, and (ii) did not carry on a business with a permanent establish- ment (which, in this subsection, has the meaning given to that expression under the regulations made pursuant to section 120 of the Federal Act) outside Ontario; or (6) throughout the averaging period, {i) resided outside Ontario, and {ii) had no income other than his income from the carrying on of a business with a permanent establishment in Ontario and nowhere else. The re-enactment provides that the income averaging provisions for farmers and fishermen apply, with respect to Ontario income tax, where the taxpayer has carried on farming or fishing during the averaging period in a province other than Ontario. The repealed subsection 2 applied only if the farmer or fisherman, during the averaging period, carried on business in Ontario. The re-enactment will provide that the income-averaging provisions are available to a farmer or fisherman regardless of where he carried on business or in what province he resided so long as his chief source of income, during the averaging period, is from farming or fishing. This will give the same basis of averaging liability to Ontario's personal income tax as is available to a farmer or fisherman in averaging his liability to federal income tax. Section 3. The effect of the amendment is to increase to $1,680 the level of taxable income below which no Ontario income tax is payable. Section 4. Subsection 1 of section 10 now reads as follows: (/) Every person paying , (a) salary or wages or other remuneration to an officer or employee; (b) a superannuation or pension benefit; (c) a retiring allowance ; (d) an amount upon or after the death of an officer or employee, in recognition of his services, to his legal representative or widow or to any other person whatsoever ; {e) an amount as a benefit under a supplementary unemployment benefit plan ; (/) an annuity payment ; is) f^^^> commissions or other amounts for services; or {h) a payment under a deferred profit-sharing plan or a plan referred to in section 147 of the Federal Act as a revoked plan. at any time in a taxation year shall deduct or withhold therefrom such amount as is prescribed and shall, at such time as is prescribed, remit that amount to the Treasurer on account of the payee's tax for the year under this Act. These amendments are required to bring the provincial Act into con- formity with the federal Income Tax Act. They will require deductions at source to be made with respect to unemployment insurance benefits, adult training allowances, and lump sum payments under registered retirement savings plans and income averaging annuity contracts. The changes reflect amendments recently made to the Federal Act. (7^ to ^ 5 n> o ■> 33 W 3 IB ST o fa p t;' 13 p ffi c O a> o ^ I-*-. O d 3 S 2 o o' ^ p a w o C-0 tNJ ::* S ?^ a. >i >3 ^ r^ » » a- Si- . T». s S 7Q c^ 3 »— k ft) On p' i-H o o o p 3 3 3 o 3 P 2 o > n o' ^ a? u> p 3 M p_ P O •^' 3 CL o w a o X 3 ft) 2- 3 3 fD 1 3 3 (D o >o to 00 >i It- er 1 3f Si vO 1—* . 1— ' 1' ^ ^ "-4 ^ --4 ■^ H 3 1— H 3 > Q o O r+ 3 r. a> o H P K 3 X n> >g. o BILL 6 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Ontario Unconditional Grants Act, 1975 The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes Section 1. The sections being re-enacted as they presently read are set out below, showing underlined the per capita and other sums that will be increased. 3. In each year there shall be paid to each regional municipality a pay- ment or payments in accordance with the population of the area municipalities within the regional municipality as follows : 1. $9 per capita. 2. An amount per capita in accordance with Schedule 1 based on the density of each area municipality. 3. $12 per capita where a regional municipality is deemed to be a 1-Uyfor the purposes of The Police Act. 4. S8 per capita based on the population of each area munici- pality providing its own law enforcement by maintaining its own police force or being under contract for the policing of the municipality by the Ontario Provincial Police Force in accord- ance with The Police Act. 4. In each year, the regional municipality shall credit each area munici- pality with an amount calculated by multiplying the population of the area municipality by the sum of, (a) |9, (b) the per capita amount m relation to the area municipality in accordance with Schedule 1 based on the density of the area municipality ; (c) $12 where a regional municipality is deemed to be a city for tht purposes of The Police Act; or (d) ^ in relation to each area municipality to which paragraph 4 of section 3 applies. ULL 6 1977 An Act to amend The Ontario Unconditional Grants Act, 1975 ITER MAJESTY, by and with the advice and consent of the ■ -■- Legislative Assembly of the Province of Ontario, enacts as )llows : 1. Sections 3 and 4 of The Ontario Unconditional Grants Act,Bs.^A, 1975, being chapter 7, are repealed and the following sub- stituted therefor: 3. In each year there shall be paid to each regional Per capita municipality a payment or payments in accordance with the population of the area municipalities within the regional municipality as follows: 1. $10 per capita. 2. An amount per capita in accordance with Schedule 1 based on the density of each area municipality. 3. $15 per capita where a regional municipality is deemed to be a city for the purposes of The Police ^-^O- i^'o. Act. 4. $10 per capita based on the population of each area municipality providing its own law enforce- ment by maintaining its own police force or being under contract for the policing of the municipality by the Ontario Provincial Pohce Force in accord- ance with The Police Act. 4. In each year, the regional municipahty shall credit each areamuni area municipality with an amount calculated by multiplying cipaiities the population of the area municipality by the sum of, {a) $10; {h) the f)er capita amount in relation to the area municipality in accordance with Schedule 1 based on the density of the area municipality; R.S.0. 1970. C.351 a. 5 (3), re-enacted Idem (c) $15 where a regional municipality is deemed to be a city for the purposes of The Police Act; or {d) $10 in relation to each area municipaUty to which paragraph 4 of section 3 applies. 2. Subsection 3 of section 5 of the said Act is repealed and the following substituted therefor: (3) In each year, payments of $10 per capita shall be made to each municipality providing its own law enforce- ment by maintaining its own pohce force, or being under contract for the pohcing of the municipality by the Ontario Provincial Police Force in accordance with The Police Act. s. 6 (3), repealed 8.7(4), repealed S.8, re-enacted 3. Subsection 3 of section 6 of the said Act is repealed. 4. Subsection 4 of section 7 of the said Act is repealed. 5. Section 8 of the said Act is repealed and the following sub- stituted therefor: Transitional grants 8.9, re-enacted 8. The Lieutenant Governor in Council may, to minimize changes in the incidence of local taxation and to promote the development of services on a regional basis, by order, upon such terms and conditions as he considers appropriate, provide for payments to be made, {a) to any regional municipality or lower tier munici- pality affected by an amalgamation, annexation or change in the responsibility for the provision of services, for a period not exceeding five years after the effective date of such amalgamation, annexation or change in responsibility; and [h) to the Township of Goulbourn, the Township of Rideau, and the Township of West Carleton for a period not exceeding five years from the 1st day of January, 1974. 6. Section 9 of the said Act is repealed and the following sub- stituted therefor: Resource equalization grants 9. In each year there shall be paid a resource equalization grant to each lower tier municipality whose equalized assessment per capita in the preceding year is below $10,650, or such other amount as may be prescribed, in an amount based, in the manner prescribed, on the proportion that 60 per cent of such deficiency of equalized assessment per capita bears to $10,650 as applied to the net levy of the lower tier municipality. I Section 2. The effect of the re-enactment is to increase from $8 to $10 the per capita payments to each municipaHty that maintains its own pohce force or is under contract for policing by the Ontario Provincial Police Force. Section 3. The subsection presently reads as follows : (J) There shall be paid to each municipality set out in column 1 of Schedule 3, (a) in the year 1975, the sum set opposite the name of the munici- pality in column 2 ; and (b) in the year 1976, the sum, if any, set opposite the name of the municipality in column 3. Providing as it does for certain payments to municipalities in the years 1975 and 1976 only, the subsection is being repealed as spent. Section 4. The subsection presently reads as follows : {4) Where in 1975 in any lower tier municipality, the mill rates that would have been levied on residential and farm property for all purposes, other than school purposes, would increase more than 5 per cent over the mill rates which would have been levied on such property had the method of calculating such mill rates not changed, the Minister may, by order, make a grant to such municipality under such terms and conditions as the Minister considers necessary in the circumstances. Similar in intent to section 3 of the Bill; the provision is repealed as spent. Section 5. Section 8 presently reads as follows : 8. The Lieutenant Governor tn Council may, to minimize changes m the incidence of local taxation and to promote the development of services on a regional basis, by order, upon such terms and conditions as he considers appropriate, provide for payments to be made, (a) to The Regional Municipality of Niagara, The Regional Municipality uf Ottawa-Carlcton, The Regional MunicT- palily of York, The DistricI Municipality of Muskokti and lo any area municipality therein for a period not exceeding five years from the 23rd day of July , 1971 ; {b) to any other regional municipality or lower tier municipality affected by any amalgamation, annexation or change in the responsibility for the provision of services, for a period not exceeding five years after the effective date of such amalgamation, annexation or change in responsibility ; and (c) notwithstanding clause a, to the Township of Goulbourn, the Township of Rideau, and the Township of West Carleton for a period not exceeding five years from the 1st day of January, 1974. The effect of the re-enactment is to repeal the present clause a as spent ; minor consequential amendments to the present clauses b and c (now to appear as clauses a and b) are indicated by the underlining of the words to be deleted. Section 6. The effect of the re-enactment is to increase from $10,400 to $10,650 the equalized assessment per capita of a municipality as the basis of quaHfication for a resource equalization grant. Section 7. Subsection 3 of section 10 as it presently reads, showing underlined the words to be deleted, is set out below ; applying as it does to the year 1975 only, the provision is spent. (3) Tn each year, the clerk of every lower tier munictpaltty that received a resource equalization grant in the preceding year shall provide, on or before the 1st day of April, to the upper tier municipality, a statement of the amount of the resource equalization grant in respect of the preceding year and the amount to be added to the equalized assessment of the municipality under subsection 1, -provided that m 1975, lower tier municipalities m the County of Oxford shall use the estimated 1975 vi siiurci cqualizatmn grant. Section 8. Subsection 2 of section 11 as it presently reads, showing underlined the words to be deleted, is set out below : (2) For the purposes of subsection 1 , the portion shall be the ratio of taxes levied on commercial assessment in the preceding year for the upper tier municipality to the total taxes levied on commercial assessment in the preceding year for all purposes, other than school purposes, provided that for the County of Oxford in 1975, the ratio shall be determined using the estimated current year faxes. The provision applies to the year 1975 only and accordingly is spent. Section 9. The subsection to be repealed reads as follows : (2) In the case of the County of Oxford, a preliminary apportionment may be made in 1975 notwithstanding section 10 and an adjustment to that apportionment shall be made when the amount of the 1975 resource equalization grant entitlement for all area municipalities in the County is determined. It is repealed as applying to the year 1975 only, and accordingly is spent. Section 10. Section 14 reads as follows : 14. — (/) In the case of the County of Oxford, in 1975, and for the purposes of section 10, the equalized assessment of a lower tier municipality shall for apportionment purposes, other than for school purposes or apportionment between merged areas, be increased by an amount that would have produced the amount of the resource equalization grant entitlement in 1975 by the taxation of real property at the mill rate determined by dividing the total estimated taxes levied by the lower tier municipality in 1975 for all purposes other than school purposes on commercial assessment for 1975 by the total equalized commercial assessment for 1975, times 1 ,000. (2) In determining the taxes levied on commercial assessment under sub- section 1, there shall be excluded the taxes added to the collector's roll under section 43 of The Assessment Act and the assessment on which such taxes are based. Applying to the year 1975 only, it is repealed as spent. 7. Subsection 3 of section 10 of the said Act is amended bv^-^^^^i*^ . -^ amended striking out ' provided that m 1975, lower tier municipalities in the County of Oxford shall use the estimated 1975 resource equalization grant" in the seventh, eighth, ninth and tenth lines. 8. Subsection 2 of section 11 of the said Act is amended by l^iended striking out "provided that for the County of Oxford in 1975, the ratio shall be determined using the estimated cur- rent year taxes" in the fifth, sixth and seventh lines. 9. Subsection 2 of section 13 of the said Act is repealed. 10. Section 14 of the said Act is repealed. s. 13 (2). repealed s. 14, repealed ll.*Sections 16 and 17 of the said Act are repealed and the follow- rLenacted ing substituted therefor: 16. In each year there shall be paid a special support f^ppo^i grant of 18 per cent, or such other percentage as may be grant prescribed, of the net levy of each upper tier municipality and each lower tier municipality, to each such municipality that is situate in the northern part of Ontario. 17. In each year there shall be paid to the Township of ^'^^"^ Chisholm, the Township of Airy, the Improvement District of Cameron and any lower tier municipality situated in the Territorial District of Parry Sound, a special support grant of 18 per cent, or such other percentage as may be prescribed, of the net levy of such municipality. 12. — (1) Schedule 2 to the said Act is repealed and the following re°.e®^v?^;, substituted therefor; re-enacted SCHEDULE 2 Population Range Rate of Grant 0 5,001 10,001 15,001 20,001 25,001 50,001 75,001 100,001 200,001 - 5,000 - 10,000 - 15,000 - 20,000 - 25,000 - 50,000 - 75,000 - 100,000 - 200,000 or more 35 72 110 149 189 394 604 819 ,000 + ,000 + ,000 + $7.00 $7.40 $7.60 $7.80 ),000 + $8.00 X ),000 + $8.20 X ,000 + $8.40 X ,000 + $8.60 X ,000 + $8.80 X $1,699,000 + $9.00 X (Pop.) (Pop. over (Pop. over (Pop. over (Pop. over (Pop. over (Pop. over (Pop. over (Pop. over (Pop. over 5,000) 10,000) 15,000) 20,000) 25,000) 50,000) 75,000) 100,000) 200,000) (2) Schedule 3 to the said Act is repealed. Sched. 3, repealed Commence- ^3 xhis Act shall be deemed to have come into force on the ment 1st day of January, 1977. Short title J 4^ Jhe short title of this Act is The Ontario Unconditional Grants Amendment Act, 1977. i Section 1 1 . The sections being re-enacted as they presently read are set out below showing underlined the percentages applicable to a special support grant that will be increased to 18 per cent in each case. 16. In each year there shall be paid a special support grant of 15 per cent, or such other percentage as may be prescribed, of the net hvy of each upper tier municipality and each lower tier municipality, to each such municipality that is situate in the northern part of Ontario. 17 . In each year there shall be paid to the Township of Chisholm, the Improvement District of Cameron and any lower tier municipality situated in the Territorial District of Parry Sound, a special support grant of 7.3 per cent, or such other percentage as may be prescribed, of the mi levy of such municipality. Section 12. — Subsection 1. Schedule 2 now reads as follows : SCHEDULE 2 Population Range Rate c f Grant 0 - 5,000 $6.00 X (Pop.) 5,001 - 10,000 30.000 + $6.40 X {Pop. over 5.000) 10.001 - 15,000 62.000 + $6.60 X (Pop. over 10.000) 15.001 - 20.000 95.000 + $6.80 X (Pop. over 15.000) 20.001 - 25,000 129.000 + $7.00 X {Pop. over 20.000) 25.001 - 50,000 164.000 + $7.20 X (Pop. over 25,000) 50.001 - 75.000 344,000 + $7.40 X (Pop. over 50.000) 75,001 - 100,000 529,000 + $7.60 X (Pop. over 75.000) 100.001 - 200,000 719,000 + $7.80 X (Pop. over 100,000) 200,001 or more $ 1.499.000 + $8.00 X (Pop. over 200,000) The effect of the re-enactment is to increase the amount of grants paid to municipalities on the basis of population by an across-the-board amount of $1 per capita. Subsection 2. Complementary to section 3 of the Bill; the Schedule being repealed sets out certain named municipalities and the amount of grants payable to them in the years 1975 and 1976. J o to 3 ^ OP O < H o 2 c ST o o' t?^ U) c Kj a ^^ s fD 00 Sv. to 1 1— » ^ O S > o *- 2 o ^ Du p ^^- B o' 2 O p BILL 6 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Ontario Unconditional Grants Act, 1975 The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 6 1977 An Act to amend The Ontario Unconditional Grants Act, 1975 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Sections 3 and 4 of The Ontario Unconditional Grants Act, 88.3,4, 1975, being chapter 7, are repealed and the following sub- ™'®°*° stituted therefor: 3. In each year there shall be paid to each regional Per capita municipality a payment or payments in accordance with the population of the area municipalities within the regional municipality as follows: 1. $10 per capita. 2. An amount per capita in accordance with Schedule 1 based on the density of each area municipality. 3. $15 per capita where a regional municipality is deemed to be a city for the purposes of The Police ^h^- ^^^' Act. 4. $10 per capita based on the population of each area municipality providing its own law enforce- ment by maintaining its own police force or being under contract for the policing of the municipality by the Ontario Provincial Police Force in accord- ance with The Police Act. 4. In each year, the regional municipality shall credit each area muni- area municipality with an amount calculated by multiplying cipaiities the population of the area municipality by the sum of, («) $10; (6) the per capita amount in relation to the area municipality in accordance with Schedule 1 based on the density of the area municipality; R.S.0. 1970, C.361 8. 5 (3), re-enacted Idem s. 6 (3), repealed s. 7 (4), repealed S.8, re-enacted (c) $15 where a regional municipality is deemed to be a city for the purposes of The Police Act; or {d) $10 in relation to each area municipality to which paragraph 4 of section 3 applies. 2. Subsection 3 of section 5 of the said Act is repealed and thi following substituted therefor: (3) In each year, payments of $10 per capita shall be made to each municipality providing its own law enforce- ment by maintaining its own pohce force, or being under contract for the pohcing of the municipality by the Ontario Provincial Police Force in accordance with The Police Act. 3. Subsection 3 of section 6 of the said Act is repealed. 4. Subsection 4 of section 7 of the said Act is repealed. 5. Section 8 of the said Act is repealed and the following sub- stituted therefor: ■ Transitional grants S.9, re-enacted Resource equalization grants 8. The Lieutenant Governor in Council may, to minimize changes in the incidence of local taxation and to promote the development of services on a regional basis, by order, upon such terms and conditions as he considers appropriate, provide for payments to be made, {a) to any regional municipality or lower tier munici- pality affected by an amalgamation, annexation or change in the responsibility for the provision of services, for a period not exceeding five years after the effective date of such amalgamation, annexation or change in responsibility; and (6) to the Township of Goulbourn, the Township of Rideau, and the Township of West Carleton for a period not exceeding five years from the 1st day of January, 1974. 6. Section 9 of the said Act is repealed and the following su stituted therefor: « 9. In each year there shall be paid a resource equalization grant to each lower tier municipality whose equalized assessment per capita in the preceding year is below $10,650, or such other amount as may be prescribed, in an amount based, in the manner prescribed, on the proportion that 60 per cent of such deficiency of equalized assessment per capita bears to $10,650 as applied to the net levy of the lower tier municipality. 7. Subsection 3 of section 10 of the said Act is amended bv^-^*'^^i'. ., . ,, 111 o >i to >3 to <-K l-K O 3 o l-t p 3 BILL 7 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act to amend The Succession Duty Act The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes General In accordance with the Treasurer's Budget, the amendments proposed in this Bill provide that the duty-free threshold for estates is raised from $250,000 to $300,000. As well, the additional rate will not apply to receipts by an individual of $300,000 or less. The amendment provides that capital gains tax arising from the deemed disposition at death provisions of the Income Tax Act (Canada) may be fully credited against succession duty payable, rather than deducted from aggregate value as a debt of the estate, at the election of the executor. Provision is made for release of new classes of property without the consent of the Minister of Revenue. Section 1. — Subsections 1 and 2. The repeal of clauses bb and cc of subsections 1 and 5 of section 7 of the Act result in increasing the minimum value of the dutiable estate passing to the preferred and the collateral beneficiaries from $250,000 to $300,000. Subsection 3. The amendment serves to increase the deduction allowed in computing the aggregate value of an estate from $250,000 to $300,000. Subsection 4. The amendment alters the notch provision contained in section 7 (8) (c) (i) to increase the value to be deducted from the aggregate value of the estate from $250,000 to $300,000. Section 2. The amendment enacts a new section to permit the execu- tors of an estate to elect to have taxes payable under the IncoiHe Tax Act (Canada) in respect of certain deemed disposition on death treated as a credit against succession duty payable by each beneficiary. Taxes payable in respect of deemed dispositions under the Income Tax Act (Canada) will be disallowed as a debt of the estate in calculating the aggregate value. The amount of such taxes will be allocated as a credit against any succession duty payable by each beneficiary in proportion to that beneficiary's share of the estate to the extent of that beneficiary's liability for succession duty. There may be credited only that portion of such taxes that dutiable value bears to the total value of the estate and only to the extent of that beneficiary's liability for succession duty. BILL 7 1977 An Act to amend The Succession Duty Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Clause bb of subsection 1 of section 7 of The Succession ^■'^^'^Ya'^' Duty Act, being chapter 449 of the Revised Statutes of Ontario, 1970, as re-enacted by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed. (2) Clause cc of subsection 5 of the said section 7, as re-enacted rJ^a\ed^^' by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed. (3) Clause b of subsection 7 of the said section 7, as enacted re-enacted by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed and the following substituted therefor: {b) $300,000. (4) Subclause i of clause c of subsection 8 of the said section 7, amended ^^^' as amended by the Statutes of Ontario, 1975, chapter 14, section 1, is further amended by striking out "$250,000" in the amendment of 1975 and inserting in lieu thereof "$300,000". 2. The said Act is amended by adding thereto the following Ij^dted section : 7«.— (1) Where, Application (a) subsections 5, 5.1 and 5.2 of section 70 of the Income Tax Act (Canada) are applicable in respect i^^-l^^i^ of a deceased; and {b) the executor so elects, the provisions of this section apply. Rules that apply where election made under subs. 1 (2) Where an executor has made a vahd election under subsection 1 in the form and manner and at the times prescribed by the regulations, in computing the duty payable by a beneficiary under this Act, the following rules shall apply: 1. Allowance shall not be made under subsection 6 of section 3 for the amount of any tax on deemed i dispositions of the deceased. [ 2. The amount of duty otherwise payable by each beneficiary under this Act shall be reduced by the lesser of, {a) that proportion of the amount of tax onl deemed dispositions of the deceased that, ' (i) the elected dutiable value of all prop- erty situate in Ontario that passes on the death of the deceased to or for the benefit of the beneficiary, plus the elected dutiable value of all trans- missions to the beneficiary, plus the elected dutiable value of all dispositions to the beneficiary that do not come within clause g of subsection 1 ol section 5, bears to. How elected aggregate value computed Interpre- tation 1970-71, c. 63 (Can.) (ii) the elected aggregate value ; and {b) the amount of duty otherwise payable h) the beneficiary under this Act. (3) For the purposes of this section, elected aggregate value and elected dutiable value shall be computed in tht manner prescribed by the regulations. (4) In this section, (a) "duty otherwise payable" means the duty leviec on a beneficiary and on property passing on th( death of the deceased to or for the benefit of thai beneficiary determined in accordance with this Ac; as though paragraph 2 of subsection 2 did not apply \ (b) "tax on deemed dispositions of the deceased] means the prescribed proportion of tax payablfj under The Income Tax Act, being chapter 217 of thij Revised Statutes of Ontario, 1970, and the Incoml Tax Act (Canada) in respect of the deceased foj Section 3. The amendment adds subsection 6a to section 10 of the Act and permits the classes of property that may be disposed of or transferred without the Minister's consent to be broadened by regulation. Section 4. This amendment will enable the current Affidavit of Value and Relationship to be replaced by a simplified return of the estate. A return may also be filed by an executor or person administering the estate. the taxation year, determined in accordance with those Acts, in which the deceased died, minus an amount equal to the amount of any payment deemed by subsection 6 of section 164 of the Income Tax Act (Canada) to have been made. ^^I9"7i- ^ '' c. 63 (Can.) 3. Section 10 of the said Act, as amended by the Statutes of a^g'^^gjj Ontario, 1976, chapter 20, section 4, is further amended by adding thereto the following subsection: (6a) Notwithstanding anything in this Act, any person where ^ ' o J o -' ^ no consent or class of persons prescribed by the Minister by regulation necessary may, without the consent of the Minister, deliver, assign, transfer or pay, or permit the delivery, assignment, transfer or payment of, any property or class of property prescribed by the Minister by regulation that is, (a) property in which the deceased had at the time of his death any beneficial interest; or {b) property passing on the death of the deceased, and that passes on the death of the deceased to or for the benefit of any person or class of persons prescribed by the Minister by regulation. 4. Section 13 of the said Act, as amended by the Statutes of s-i3. •' re-enacted Ontario, 1973, chapter 109, section 5, is repealed and the following substituted therefor: 13. — (1) Every person, FUingr return (a) who is the executor, or one of the executors of, the deceased acting in the administration of his estate; or {b) to whom or for whose benefit any property situate in Ontario passes on the death of the deceased or to whom there is a transmission or to whom a disposition is made, any of which property, dis- position or transmission is not included in a return made under this section by a person described in clause a or c ; or (c) who, not being an executor of the deceased, is acting in the administration of the estate of the deceased, shall, within six months after the death of the deceased or within such further period as may be allowed by the Minister, make and file with the Minister a return, in such form and containing such information as is prescribed by the Minister by regulation, setting forth, (d) an inventory of all the property passing on the death of the deceased and of all dispositions made by the deceased of which he has knowledge, and such inventory shall show the value of such property and dispositions; and (e) the names of all persons to whom or for whose benefit any property passes on the death of the deceased or to whom there is a transmission or to whom any disposition is made, their places of residence and the degree of relationship in which they stand to the deceased. Additional information (2) Where the Minister considers it necessary, he may in writing demand from any person a statement or information or a return verified by affidavit or in the form of an affidavit deposing the facts known to the deponent concerning any matter or information relating to subsection 1 specified by the Minister in such demand. Penalty (3) Every person in Ontario who makes default in com- plying with subsection 1 or 2 may be required to pay to the Treasurer as a penalty the sum of $10 for each day during which the default continues. s. 14 (2), amended 5. Subsection 2 of section 14 of the said Act is amended by striking out "an affidavit purporting to be the affidavit required by subsection 1 or 2" in the eighth and ninth lines and inserting in lieu thereof "a return purporting to be the return required by subsection 1". s. 44, amended 6. — (1) Section 44 of the said Act, as amended by the Statutes of Ontario, 1976, chapter 20, section 8, is further amended by striking out clause a and by adding thereto the following clauses: {g) prescribing the form and manner and the times at which an election under section 7a shall be made; (h) prescribing the terms and conditions and providing for the method of the calculations for the purposes of section 7a. S.44 amended (2) The said section 44 is further amended by adding thereto the following subsections: I Section 5. Complementary to section 4 of the Bill. Section 6. — Subsection 1. This amendment adds to the regulation- making power of the Lieutenant Governor in Council those things prescribed by the Act to be done by regulation. Provision is made for the form and manner of calculation to determine the credit against succession duty and the manner of election provided for in section la. The regulations, if they so provide, will have retroactive effect. The provisions of section 6 are subject to passage of section 2 of this Bill. Subsection 2. This amendment gives the Minister authority to make regulations where the Act contemplates regulations and to prescribe forms. Subsection 3. This amendment authorizes retroactive regulations to be made. Section 7. — Subsection 1. Subsection 4 of section 50 of The Registry Act is amended to dispense with the Minister's consent for any discharge of mortgage. Subsection 2. The new subsection 4a is added to section 50 to dispense with the Minister's consent for the registration of conveyances of property for which the Minister's consent is not required under The Succession Duty Act. Subsection 3. The amendment to subsection 9 of section 50 is to up-date the requirement for the registration of consents by dispensing with the Minister's consents for registration of conveyances in respect of deaths occurring prior to January 1, 1950. Section 8. — Subsections 1, 2 and 3. Section 140 of The Land Titles Act is amended to parallel the amendments to The Registry Act made by section 7 of the Bill. (2) The Minister may make regulations, b*li-^*i'^t°^ (a) prescribing, defining or determining anything that the Minister is permitted or required by this Act to prescribe, define or determine; (b) prescribing any form required by this Act or the regulations or that, in his opinion, will assist in the administration of this Act, and prescribing how and by whom any form shall be completed and what information it shall contain. (3) A regulation, if it so provides, is effective with reference Regulation to a period before it was filed. retroactive 7. — (1) Subsection 4 of section 50 of The Registry Act, being ^||Oi970. chapter 409 of the Revised Statutes of Ontario, 1970, s.50('4), is amended by striking out "discharge of mortgage" in the third and fourth lines. (2) The said section 50, as amended by the Statutes of s so. drIT16IlQ6Cl Ontario, 1972, chapter 133, section 20, is further amended by adding thereto the following subsection: (4a) Notwithstanding subsection 4, the consent of the ^|™ ^. Minister of Revenue is not required to be attached to or of Minister J J J J . i not required endorsed on any deed, grant, conveyance, mortgage, assign- ment of mortgage or other instrument purporting to convey, transfer or assign any property that is property prescribed by the Minister of Revenue by regulations made under The Succession Duty Act to be property that may be con- I'^^o is^o, veyed, transferred or assigned without the consent of the Minister of Revenue. (3) Subsection 9 of the said section 50 is repealed and the s 50 o), , ,, . , . , , , re-enacted following substituted therefor: (9) Subsections 4 to 7 do not apply where the deceased Application person died prior to the 1st day of January, 1950. 8.— (1) Subsection 1 of section 140 of The Land Titles Act.ff^o.im, being chapter 234 of the Revised Statutes of Ontario, s.i4o'(i), 1970, is amended by striking out "and, in the case of the death of the registered owner of a charge where no such entry is being applied for but a cessation of the charge is tendered for registration, such cessation shall not be registered until the above consent is attached thereto or endorsed thereon" in the tenth, eleventh, twelfth, thirteenth and fourteenth lines. amended s. 140, amended (2) The said section 140 is amended by adding thereto the following subsection: Where consent of Minister not required R.S.0. 1970, C.449 s. 140 (2), re-enacted Saving Commence- ment Idem 9. (la) Notwithstanding subsection 1, the consent of the Minister of Revenue is not required to be attached to or endorsed on the appHcation for transmission of interest or application for entry in respect of any land, charge or interest that is prescribed by the Minister of Revenue by regulations made under The Succession Duty Act to be land or a charge or interest that may be conveyed, transferred or assigned without the consent of the Minister of Revenue. (3) Subsection 2 of the said section 140 is repealed and the following substituted therefor : (2) Subsections 1 and la do not apply where the death of the registered owner occurred prior to the 1st day of January, 1950. (1) This Act, except sections 1, 2, 3, 4, 5 and 6, comes into force on the day it receives Royal Assent. (2) Sections 1, 2, 3, 4, 5 and 6, shall be deemed to have come into force on the 20th day of April, 1977 and apply in respect of deceased persons dying on and after that date. Short title 10. The short title of this Act is The Succession Duty Amendment Act, 1977. I t» H 1— ( 3 g H (-»■ 5" S 1-1 K' p ffi Oq O < 3 o o 1-K ^ 3 o 3 W l-K o o o p 3 3 o 3 3 r-t- P 2 o > o o" 5^ ^ en p 3 w P. 3 o C/5 a o Ul ^ >« s Si- ?i. » >3 ^ s^ ?^ «». m > 3 3 P 03 3 a> r+ 3 BILL 7 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Succession Duty Act The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs [Reprinted as amended by the Committee of the Whole House) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes General In accordance with the Treasurer's Budget, the amendments proposed in this Bill provide that the duty-free threshold for estates is raised from $250,000 to $300,000. As well, the additional rate will not apply to receipts by an individual of $300,000 or less. The amendment provides that capital gains tax arising from the deemed disposition at death provisions of the Income Tax Act (Canada) may be fully credited against succession duty payable, rather than deducted from aggregate value as a debt of the estate, at the election of the executor. Provision is made for release of new classes of property without the consent of the Minister of Revenue. Section 1. — Subsections 1 and 2. The repeal of clauses bb and cc of subsections 1 and 5 of section 7 of the Act result in increasing the minimum value of the dutiable estate passing to the preferred and the collateral beneficiaries from $250,000 to $300,000. Subsection 3. The amendment serves to increase the deduction allowed in computing the aggregate value of an estate from $250,000 to $300,000. Subsection 4. The amendment alters the notch provision contained in section 7 (8) (c) (i) to increase the value to be deducted from the aggregate value of the estate from $250,000 to $300,000. Section 2. The amendment enacts a new section to permit the execu- tors of an estate to elect to have taxes payable under the Income Tax Act (Canada) in respect of certain deemed disposition on death treated as a credit against succession duty payable by each beneficiary. Taxes payable in respect of deemed dispositions under the Income Tax Act (Canada) will be disallowed as a debt of the estate in calculating the aggregate value. The amount of such taxes will be allocated as a credit against any succession duty payable by each beneficiary in proportion to that beneficiary's share of the estate to the extent of that beneficiary's liability for succession duty. There may be credited only that portion of such taxes that dutiable value bears to the total value of the estate and only to the extent of that beneficiary's liability for succession duty. BILL 7 1977 An Act to amend The Succession Duty Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Clause hh of subsection 1 of section 7 of The Succession ^■'"^^X'-^J'^' ^ ' repealed Duty Act, being chapter 449 of the Revised Statutes of Ontario, 1970, as re-enacted by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed. (2) Clause cc of subsection 5 of the said section 7, as re-enacted re'eaied^^' by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed. (3) Clause b of subsection 7 of the said section 7, as enacted re-enacted by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed and the following substituted therefor: (b) $300,000. (4) Subclause i of clause c of subsection 8 of the said section 7, a^^n''^^e^(] ^^^' as amended by the Statutes of Ontario, 1975, chapter 14, section 1, is further amended by striking out "$250,000" in the amendment of 1975 and inserting in lieu thereof "$300,000". 2. The said Act is amended by adding thereto the following Ij^^j^g^ section : 7a.— ^(1) Where, Application {a) subsections 5, 5.1 and 5.2 of section 70 of the Income Tax Act (Canada) are applicable in respect i^^-''^^^ of a deceased; and {b) the executor so elects, the provisions of this section apply. Rules that^^ (2) Where an executor has made a vahd election under election subsection 1 in the form and manner and at the times ^bs^i^"'*^^ prescribed by the regulations, in computing the duty payable by a beneficiary under this Act, the following rules shall apply: 1. Allowance shall not be made under subsection 6 of section 3 for the amount of any tax on deemed dispositions of the deceased. 2. The amount of duty otherwise payable by each beneficiary under this Act shall be reduced by the lesser of, {a) that proportion of the amount of tax on deemed dispositions of the deceased that, m (i) the elected dutiable value of all prop- erty situate in Ontario that passes on the death of the deceased to or for the benefit of the beneficiary, plus the elected dutiable value of all trans- missions to the beneficiary, plus the elected dutiable value of all dispositions to the beneficiary that do not come within clause g of subsection 1 of section 5, bears to, (ii) the elected aggregate value ; and (b) the amount of duty otherwise payable by the beneficiary under this Act. How (3) For the purposes of this section, elected aggregate aggregate value and elected dutiable value shall be computed in the computed manner prescribed by the regulations. interpre- (4) In this section, tation ^ ' ' (a) "duty otherwise payable" means the duty levied on a beneficiary and on property passing on tllC death of the deceased to or for the benefit of that beneficiary determined in accordance with this A^ as though paragraph 2 of subsection 2 did not appi r {b) "tax on deemed dispositions of the deceased*' means the prescribed proportion of tax payable under The Income Tax Act, being chapter 217 of tht c^"(ckn) Revised Statutes of Ontario, 1970, and the Incomi Tax Act (Canada) in respect of the deceased foi Section 3. The amendment adds subsection 6a to section 10 of the Act and permits the classes of property that may be disposed of or transferred without the Minister's consent to be broadened by regulation. Section 4. This amendment will enable the current Affidavit of Value and Relationship to be replaced by a simplified return of the estate. A return may also be filed by an executor or person administering the estate. the taxation year, determined in accordance with those Acts, in which the deceased died, minus an amount equal to the amount of any payment deemed by subsection 6 of section 164 of the Income Tax Act (Canada) to have been made. i^9"7i' ^ ' c. 63 (Can.) 3. Section 10 of the said Act, as amended by the Statutes of Ij^e'nded Ontario, 1976, chapter 20, section 4, is further amended by adding thereto the following subsection: {6a) Notwithstanding anything in this Act, any person where ^ ' o J o -^ ^ no consent or class of persons prescribed by the Minister by regulation necessary may, without the consent of the Minister, deHver, assign, transfer or pay, or permit the delivery, assignment, transfer or payment of, any property or class of property prescribed by the Minister by regulation that is, (a) property in which the deceased had at the time of his death any beneficial interest; or (b) property passing on the death of the deceased, and that passes on the death of the deceased to or for the benefit of any person or class of persons prescribed by the Minister by regulation. 4. Section 13 of the said Act, as amended by the Statutes of re-enacted Ontario, 1973, chapter 109, section 5, is repealed and the following substituted therefor: 13. — (1) Every person, Fuing return {a) who is the executor, or one of the executors of, the deceased acting in the administration of his estate; or (b) to whom or for whose benefit any property situate in Ontario passes on the death of the deceased or to whom there is a transmission or to whom a disposition is made, any of which property, dis- position or transmission is not included in a return made under this section by a person described in clause a or c ; or (c) who, not being an executor of the deceased, is acting in the administration of the estate of the deceased, shall, within six months after the death of the deceased or within such further period as may be allowed by the Minister, make and file with the Minister a return, in such form and containing such information as is prescribed by the Minister by regulation, setting forth, {d) an inventory of all the property passing on the death of the deceased and of all dispositions made by the deceased of which he has knowledge, and such inventory shall show the value of such property and dispositions; and (e) the names of all persons to whom or for whose benefit any property passes on the death of the deceased or to whom there is a transmission or to whom any disposition is made, their places of residence and the degree of relationship in which they stand to the deceased. Additional information (2) Where the Minister considers it necessary, he may in writing demand from any person a statement or information or a return verified by affidavit or in the form of an affidavit deposing the facts known to the deponent concerning any matter or information relating to subsection 1 specified by the Minister in such demand. Penalty (3) Every person in Ontario who makes default in com- plying with subsection 1 or 2 may be required to pay to the Treasurer as a penalty the sum of $10 for each day during which the default continues. s. 14(2). amended 5. Subsection 2 of section 14 of the said Act is amended by striking out "an affidavit purporting to be the affidavit required by subsection 1 or 2" in the eighth and ninth lines and inserting in lieu thereof "a return purporting to be the return required by subsection 1". s. 44, amended 6. — (1) Section 44 of the said Act, as amended by the Statutes of Ontario, 1976, chapter 20, section 8, is further amended by striking out clause a and by adding thereto the following clauses: (g) prescribing the form and manner and the times at which an election under section 7a shall be made ; S.44 amended {h) prescribing the terms and conditions and providing for the method of the calculations for the purposes of section 7a. (2) The said section 44 is further amended by adding thereto the following subsections: Section 5. Complementary to section 4 of the Bill. Section 6. — Subsection 1. This amendment adds to the regulation- making power of the Lieutenant Governor in Council those things prescribed by the Act to be done by regulation. Provision is made for the form and manner of calculation to determine the credit against succession duty and the manner of election provided for in section la. The regulations, if they so provide, will have retroactive effect. The provisions of section 6 are subject to passage of section 2 of this Bill. Subsection 2. This amendment gives the Minister authority to make regulations where the Act contemplates regulations and to prescribe forms. Subsection 3. This amendment authorizes retroactive regulations to be made. Section 7. — Subsection 1. Subsection 4 of section 50 of The Registry Act is amended to dispense with the Minister's consent for any discharge of mortgage. Subsection 2. The new subsection 4a is added to section 50 to dispense with the Minister's consent for the registration of conveyances of property for which the Minister's consent is not required under The Succession Duty Act. Subsection 3. The amendment to subsection 9 of section 50 is to up-date the requirement for the registration of consents by dispensing with the Minister's consents for registration of conveyances in respect of deaths occurring prior to January 1, 1950. Section 8. — Subsections 1, 2 and 3. Section 140 of The Land Titles Act is amended to parallel the amendments to The Registry Act made by section 7 of the Bill. (2) The Minister may make regulations, b^mnistef {a) prescribing, defining or determining anything that the Minister is permitted or required by this Act to prescribe, define or determine; (b) prescribing any form required by this Act or the regulations or that, in his opinion, will assist in the administration of this Act, and prescribing how and by whom any form shall be completed and what information it shall contain. (3) A regulation made under subsection 1 or 2 may be ^^^'ii|<^io° made effective retroactively to a date not earlier than the retroactive 20th day of April, 1977. 7. — (1) Subsection 4 of section 50 of The Registry Act, being RSjO- i^^o, chapter 409 of the Revised Statutes of Ontario, 1970, s. sow. 1 T 1 ... << 1- 1 r . >> • amended is amended by strikmg out discharge of mortgage in the third and fourth lines. (2) The said section 50, as amended by the Statutes of |j^g^^g^ Ontario, 1972, chapter 133, section 20, is further amended by adding thereto the following subsection: (4a) Notwithstanding subsection 4, the consent of the ^|^^^. Minister of Revenue is not required to be attached to or of Minister , , , , ^ , not required endorsed on any deed, grant, conveyance, mortgage, assign- ment of mortgage or other instrument purporting to convey, transfer or assign any property that is property prescribed by the Minister of Revenue by regulations made under The Succession Duty A ct to be property that may be con- ^ |^o. i970, veyed, transferred or assigned without the consent of the Minister of Revenue. (3) Subsection 9 of the said section 50 is repealed and the ^e-enacted following substituted therefor: (9) Subsections 4 to 7 do not apply where the deceased o£PgPj{,g|"?° person died prior to the 1st day of January, 1950. 8.— (1) Subsection 1 of section 140 of The Land Titles ^c^, R|oi97o, being chapter 234 of the Revised Statutes of Ontario, s.i4o'(i), 1970, is amended by striking out "and, in the case of the death of the registered owner of a charge where no such entry is being applied for but a cessation of the charge is tendered for registration, such cessation shall not be registered until the above consent is attached thereto or endorsed thereon" in the tenth, eleventh, twelfth, thirteenth and fourteenth lines. s. 140, amended (2) The said section 140 is amended by adding thereto the following subsection: Where consent of Minister not required R.S.0. 1970, c. 449 s. 140 (2), re-enacted (la) Notwithstanding subsection 1, the consent of the Minister of Revenue is not required to be attached to or endorsed on the application for transmission of interest or application for entry in respect of any land, charge or interest that is prescribed by the Minister of Revenue by regulations made under The Succession Duty Act to be land or a charge or interest that may be conveyed, transferred or assigned without the consent of the Minister of Revenue. (3) Subsection 2 of the said section 140 is repealed and the following substituted therefor: Saving Commence- ment Idem (2) Subsections 1 and la do not apply where the death of the registered owner occurred prior to the 1st day of January, 1950. 9. — (1) This Act, except sections 1, 2, 3, 4, 5 and 6, comes into force on the day it receives Royal Assent. (2) Sections 1, 2, 3, 4, 5 and 6, shall be deemed to have come into force on the 20th day of April, 1977 and apply in respect of deceased persons dying on and after that date. Short title 10. The short title of this Act is The Succession Duty Amendment Act, 1977. SI H 3 S H r-t- 5_ 1-1 ffi 0 < >-1 r-l- I-i C/5 i-t 0 0 I-! i^ 3 0 3 w ►-♦, 0 0 0 P 3 r-»- 2L 3 0 3 3 P 0 > 0' 0' t^ ^ en P 3 w S. P 0 ►^' 3 CL c: T- a 0 Si- 3 J:o 0 >> to >3 <^ <-»- c^> l-^ c^ » p' & p' & 1— k c^ vO 0 Oro -^ ^ ^ ^ H 3- O) CD > C 3 0 0 > rD 0 C/) r-K C/) <-t- 0 0 3 P 03 C (T r-K 3 ^ Ou BILL 7 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Succession Duty Act The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 7 1977 An Act to amend The Succession Duty Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Clause bb of subsection 1 of section 7 of The Succession ^■^^^^^^'>' Duty Act, being chapter 449 of the Revised Statutes of Ontario, 1970, as re-enacted by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed. (2) Clause cc of subsection 5 of the said section 7, as re-enacted repeaiLd^^' by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed. (3) Clause b of subsection 7 of the said section 7, as enacted re-inacted by the Statutes of Ontario, 1975, chapter 14, section 1, is repealed and the following substituted therefor: {b) $300,000. (4) Subclause i of clause c of subsection 8 of the said section 7, Imende^d ^^^' as amended by the Statutes of Ontario, 1975, chapter 14, section 1, is further amended by striking out "$250,000" in the amendment of 1975, and inserting in lieu thereof "$300,000". 2. The said Act is amended by adding thereto the following l^^^^^^ section : 7a. — (1) Where, Application {a) subsections 5, 5.1 and 5.2 of section 70 of the Income Tax Act (Canada) are appUcable in respect i^^"^^^^ ^ of a deceased; and {b) the executor so elects, the provisions of this section apply. Rules that apply where election made under subs. 1 (2) Where an executor has made a vahd election under subsection 1 in the form and manner and at the times prescribed by the regulations, in computing the duty payable by a beneficiary under this Act, the following rules shall apply: 1. Allowance shall not be made under subsection 6 of section 3 for the amount of any tax on deemed dispositions of the deceased. t 2. The amount of duty otherwise payable by each beneficiary under this Act shall be reduced by the lesser of, {a) that proportion of the amount of tax on deemed dispositions of the deceased that, (i) the elected dutiable value of all prop- erty situate in Ontario that passes on the death of the deceased to or for the benefit of the beneficiary, plus the elected dutiable value of all trans- missions to the beneficiary, plus the elected dutiable value of all dispositions to the beneficiary that do not come within clause g of subsection 1 of section 5, bears to. How elected aggregate value computed Interpre- tation 1970-71. c. 63 (Can.) (ii) the elected aggregate value ; and (b) the amount of duty otherwise payable by the beneficiary under this Act. (3) For the purposes of this section, elected aggregate value and elected dutiable value shall be computed in the manner prescribed by the regulations. (4) In this section, {a) "duty otherwise payable" means the duty levied on a beneficiary and on property passing on the death of the deceased to or for the benefit of that beneficiary determined in accordance with this Act as though paragraph 2 of subsection 2 did not apply ; (6) "tax on deemed dispositions of the deceased" means the prescribed proportion of tax payable under The Income Tax Act, being chapter 217 of the Revised Statutes of Ontario, 1970, and the Income Tax Act (Canada) in respect of the deceased for the taxation year, determined in accordance with those Acts, in which the deceased died, minus an amount equal to the amount of any payment deemed by subsection 6 of section 164 of the Income Tax Act (Canada) to have been made. '^^Srlh . ^ ' c. 63 (Can.) 3. Section 10 of the said Act, as amended by the Statutes of Ij^ended Ontario, 1976, chapter 20, section 4, is further amended by adding thereto the following subsection : (6a) Notwithstanding anything in this Act, any person where \' 0.70 __ -''^.no consent or class of persons prescribed by the Minister by regulation necessary may, without the consent of the Minister, deliver, assign, transfer or pay, or permit the delivery, assignment, transfer or payment of, any property or class of property prescribed by the Minister by regulation that is, (a) property in which the deceased had at the time of his death any beneficial interest; or {b) property passing on the death of the deceased, and that passes on the death of the deceased to or for the benefit of any person or class of persons prescribed by the Minister by regulation. 4. Section 13 of the said Act, as amended by the Statutes of re^gnagt-ed Ontario, 1973, chapter 109, section 5, is repealed and the following substituted therefor: 13. — (1) Every person, ^JJ^ (a) who is the executor, or one of the executors of, the deceased acting in the administration of his estate; or {b) to whom or for whose benefit any property situate in Ontario passes on the death of the deceased or to whom there is a transmission or to whom a disposition is made, any of which property, dis- position or transmission is not included in a return made under this section by a person described in clause a or c ; or (c) who, not being an executor of the deceased, is acting in the administration of the estate of the deceased, shall, within six months after the death of the deceased or within such further period as may be allowed by the Minister, make and file with the Minister a return, in such form and containing such information as is prescribed by the Minister by regulation, setting forth, (d) an inventory of all the property passing on the death of the deceased and of all dispositions made by the deceased of which he has knowledge, and such inventory shall show the value of such property and dispositions; and (e) the names of all persons to whom or for whose benefit any property passes on the death of the deceased or to whom there is a transmission or to whom any disposition is made, their places of residence and the degree of relationship in which they stand to the deceased. Additional information (2) Where the Minister considers it necessary, he may in writing demand from any person a statement or information or a return verified by affidavit or in the form of an affidavit deposing the facts known to the deponent concerning any matter or information relating to subsection 1 specified by the Minister in such demand. Penalty (3) Every person in Ontario who makes default in com- plying with subsection 1 or 2 may be required to pay to the Treasurer as a penalty the sum of $10 for each day during which the default continues. s. 14 (2), amended 6. Subsection 2 of section 14 of the said Act is amended by striking out "an affidavit purporting to be the affidavit required by subsection 1 or 2" in the eighth and ninth fines and inserting in lieu thereof "a return purporting to be the return required by subsection 1". s. 44, amended 6. — (1) Section 44 of the said Act, as amended by the Statutes of Ontario, 1976, chapter 20, section 8, is further amended by striking out clause a and by adding thereto the • following clauses: ig) prescribing the form and manner and the times at which an election under section 7a shall be made; {h) prescribing the terms and conditions and providing for the method of the calculations for the purposes of section 7a. S.44 amended (2) The said section 44 is further amended by adding thereto the following subsections; (2) The Minister may make regulations, b^li-^^*te°^ (a) prescribing, defining or determining anything that the Minister is permitted or required by this Act to prescribe, define or determine; (6) prescribing any form required by this Act or the regulations or that, in his opinion, will assist in the administration of this Act, and prescribing how and by whom any form shall be completed and what information it shall contain. (3) A regulation made under subsection 1 or 2 may be ^^^ruiation made effective retroactively to a date not earlier than the retroactive 20th day of April, 1977. 7. — (1) Subsection 4 of section 50 of The Registry Act, being R|jO- i^^o. chapter 409 of the Revised Statutes of Ontario, 1970, s.50('4), is amended by striking out "discharge of mortgage" in , the third and fourth lines. (2) The said section 50, as amended by the Statutes of Ij^^^^g^j Ontario, 1972, chapter 133, section 20, is further amended by adding thereto the following subsection: (4a) Notwithstanding subsection 4, the consent of the ^^g^t Minister of Revenue is not required to be attached to or of Minister ,1 11, , • not required endorsed on any deed, grant, conveyance, mortgage, assign- ment of mortgage or other instrument purporting to convey, transfer or assign any property that is property prescribed by the Minister of Revenue by regulations made under The Succession Duty Act to be property that may be con- R-^o. i970, veyed, transferred or assigned without the consent of the Minister of Revenue. (3) Subsection 9 of the said section 50 is repealed and the ^ so o), following substituted therefor: (9) Subsections 4 to 7 do not apply where the deceased ^^g^J^gl"?" person died prior to the 1st day of January, 1950. 8.— (1) Subsection 1 of section 140 of The Land Titles Act,ff^o.mo, being chapter 234 of the Revised Statutes of Ontario, s. i40 'a ), 1970, is amended by striking out "and, in the case of the death of the registered owner of a charge where no such entry is being applied for but a cessation of the charge is tendered for registration, such cessation shall not be registered until the above consent is attached thereto or endorsed thereon" in the tenth, eleventh, twelfth, thirteenth and fourteenth lines. s. 140, amended (2) The said section 140 is amended by adding thereto the following subsection: Where consent of Minister not required R.S.0. 1970, C.449 s. 140 (2), re-enacted Saving (la) Notwithstanding subsection 1, the consent of the Minister of Revenue is not required to be attached to or endorsed on the application for transmission of interest or application for entry in respect of any Iknd, charge or interest that is prescribed by the Minister of Revenue by regulations made under The Succession Duty Act to be land or a charge or interest that may be conveyed, transferred or assigned without the consent of the Minister of Revenue. (3) Subsection 2 of the said section 140 is repealed and the following substituted therefor: (2) Subsections 1 and la do not apply where the death of the registered owner occurred prior to the 1st day of January, 1950. Commence- ment Idem 9. — (1) This Act, except sections 1, 2, 3, 4, 5 and 6, comes into force on the day it receives Royal Assent. (2) Sections 1, 2, 3, 4, 5 and 6, shall be deemed to have come into force on the 20th day of April, 1977 and apply in respect of deceased persons dying on and after that date. Short title 10. The short title of this Act is The Succession Duty Amendment Act, 1977. 3 £^ 1-1 55' X i-t C o O a> :^ 3 o 3 W l-h o o o p o 3. 13 2 > o' o' ?^ »? C/) 3 w p 3 o C/2 a o X c 3 i: 3 0) C 3 C/5 o >3 O ^ to t:0 r->- 3' & ^ 1— * 1— k 1' ^ •^ •^ ^ ^ 5^ C 3 o o ^ <-»- ►£. «-t- o' o 3 p 03 c a> <-i- 3 '^ 0- BILL 8 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to authorize the Raising of Money on the Credit of the Consolidated Revenue Fund The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Note The Bill provides authority for the borrowing of moneys not otherwise authorized by any other Act. The principal borrowings authorized under The Ontario Loan Act in recent years have been. 1. Borrowings from the Canada Pension Plan. 2. The Ontario Treasury Bill program. 3. CMHC Waste Control Loans. 4. Federal-Provincial-Municipal Loan programs. The authorization in the Bill to raise by way of loan up to |1 billion is intended to cover the following estimated borrowing requirements: 1. Canada Pension Plan borrowings through to June, 1978. 2. Repayment of Ontario debt maturities. 3. Interim financing, as necessary. BILL 8 1977 An Act to authorize the Raising of Money on the Credit of the Consolidated Revenue Fund HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. — (1) The Lieutenant Governor in Council is hereby J^o^^^^^ authorized to raise from time to time by way of loan in any manner provided by The Financial Administration ^ d RS.o. i970, such sum or sums of money as are considered necessary for discharging any indebtedness or obligation of Ontario, for making any payments authorized or required by any Act to be made out of the Consolidated Revenue Fund or for reim- bursing the Consolidated Revenue Fund for any moneys expended for any of such purposes, provided that the principal amount of any securities issued and temporary loans raised under the authority of this Act shall not exceed in the aggregate $1,000,000,000. (2) The sum or sums of money authorized to be raised by i"*®™ subsection 1 for the purposes mentioned therein shall be in addition to all sums of money authorized to be raised by way of loan under any other Act. 2. This Act comes into force on the day it receives Royal ^°^^e°°e- Assent. 3. The short title of this Act is The Ontario Loan Act, 1977. snort title ta H £3 ^ H c-t 5' i-t on' P X Qfq O O C 1-1 i-t o 3 o 3 0) w o o O p 3 Si 3 O 3 3 2 o > o o' J?^ Oi en P 3 w £. p o ►^' 3 a G (/) CL O « Ui ^ >« S s»- Si- >i ^ <^ «1 » § S- 5^ **. ^*. .§ S OTQ C^ c 3 •-. a> Co to S) 1— » s' vO 0X3 ^ ^ 3 > =* 3 ?> J^ o ^ o r+ -I ^0 3- a ^ p 2' ;;r ^ ?d '-^ a> o 3 3 BILL 8 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to authorize the Raising of Money on the Credit of the Consolidated Revenue Fund The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 8 1977 An Act to authorize the Raising of Money on the Credit of the Consolidated Revenue Fund HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1.— (1) The Lieutenant Governor in Council is hereby ^°*°^(jg§*g'o authorized to raise from time to time by way of loan in any manner provided by The Financial Administration yl d R.s^. i970, such sum or sums of money as are considered necessary for discharging any indebtedness or obligation of Ontario, for making any payments authorized or required by any Act to be made out of the Consolidated Revenue Fund or for reim- bursing the Consolidated Revenue Fund for any moneys expended for any of such purposes, provided that the principal amount of any securities issued and temporary loans raised under the authority of this Act shall not exceed in the aggregate $1,000,000,000. (2) The sum or sums of money authorized to be raised by m®™ subsection 1 for the purposes mentioned therein shall be in addition to all sums of money authorized to be raised by way of loan under any other Act. 2. This Act comes into force on the day it receives Royal ^o™™ei»ce- Assent. 3. The short title of this Act is The Ontario Loan Act, 1977. snort title H 3 S H a w (-1- 5' CD t^' ffi CTQ O < •I 1-1 o o l-h 1-1 :^ 0 o 3 w >-K n o o p 13 o 3 3 P 2 > o o' ^ a? t/l p !3 w p_ p o i-i' O a c: (f> Cl- o X i i: d 3 C/5 o >i to >3 to •»4 <->• «> l-h CJ o > » 3 3- > (D O J? O !^" 3 ^ o ^0 3* o J« ex, ►"•• P 52. i-t- 3 ^ -*' rt) O 3 3 C f^ BILL 9 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act respecting the Registration of Venture Investment Corporations The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Note The purpose of this Bill is to provide a means of mobilizing new sources of risk capital and managerial assistance for small businesses. Ancillary amendments to The Corporations Tax Act, 1972 will be introduced later this year. For taxation purposes, a corporate investor investing in a registered venture investment corporation will be permitted to deduct 250 per cent of the investment from its taxable income. This deduction may be carried forward indefinitely against future income. Upon disposition of the shares in the venture investment corporation on transfer or redemption of such shares or on revocation of registration of the venture investment corporation, 250 per cent of the proceeds of disposition will be included in the investor's income for that year. Proceeds in excess of the original investment will be taxed in the hands of the recipient as capital gains. Capital losses will not be allowed since the deferred taxes on the loss portion of the investment will not be recovered. Venture investment corporations will be subject, in the usual manner, to income and capital taxes. The major provisions of the Bill are as follows: 1. A system of registration for venture investment corporations is established under the Ministry of Consumer and Commercial Relations. 2. A corporation incorporated under The Business Corporations Act may be registered as a venture investment corporation by filing a proposal containing prescribed information. A corporation is entitled to registration unless it fails to comply with the provisions of the Bill. 3. Where a corporation is refused registration or registration is proposed to be revoked, the corporation has the right of appeal to the Ontario Securities Commission. 4. A corporation may be registered as a venture investment cor- poration only if, {a) the corporation has never previously carried on business; {b) a majority of the directors are resident Canadians; (c) the corporation has objects only to assist in the development of small businesses by, (i) providing capital through the acquisition and holding of shares and notes, bonds, debentures or similar applications, and (ii) providing business and managerial expertise to small businesses ; {d) the corporation has issued and outstanding capital of the value of $250,000 or more ; and {e) the corporate name includes the words "venture invest- ment corporation". 5. A venture investment corporation is required to maintain a requisite level of issued and outstanding capital. At the end of the fourth year of its registration and thereafter, a venture invest- ment corporation must maintain at least $750,000 of issued and outstanding capital. 6. Prior to the end of its first fiscal year, a venture investment corporation must have invested and at all times maintain 60 per cent or more of its capital in "eligible investments". Prior to the end of its second fiscal year and thereafter, such a corporation must have invested and at all times maintain 80 per cent or more of its capital in "eligible investments". 7. An "eligible investment" is one in which all of the following criteria are met : (a) the investment must be in a small business that meets the prescribed limits of number of employees and amount of assets and profits ; (b) 90 per cent or more of the assets of the small business are situate in Ontario and 90 per cent or more of its wages and salaries are paid to residents of Ontario ; (c) the investment must not be used by the small business for the purpose of relending, investment in land, or reinvest- ment outside Canada ; {d) the venture investment corporation must not hold more than 40 per cent of the equity shares of the small business ; and (e) the small business must meet Canadian control requirements. 8. A small business is not Canadian controlled if the total number of equity shares owned by non-residents exceeds 25 per cent of the total number of issued and outstanding equity shares or if any single non-resident owns 10 p)er cent or more of the total number of issued and outstanding equity shares. 9. Once a small business ceases to be an eligible investment by reason of moving outside of the small business criteria or failing to meet the Canadian control test, the investment will be con- sidered to remain eligible for a period of two years. 10. All investments made by a venture investment corporation must be at arm's-length of its shareholders, officers and directors. Provision is made to ensure that the venture investment corporation will not be able to invest in a subsidiary, affiliate, related person or holding corporation of itself or of any investor in the venture investment corporation or of any officer or director of the venture investment corporation. 11. In lending money to a small business, a venture investment corporation may not require the personal guarantee of or security from any individual. 12. A venture investment corporation is not permitted to offer its securities to the public. 13. Every venture investment corporation, notwithstanding that it may otherwise be exempt under the provisions of The Business Corporations Act, is required to appoint an auditor and to keep the financial statements required by The Business Corporations Act. 14. Financial statements of a venture investment corporation are required to be kept on a corporate fiscal year basis. These financial statements must be filed with the Minister. 15. A venture investment corporation is required to keep a record of all amounts of money or other consideration received from any small business, including the amount, if any, received by the venture investment corporation as fees for providing business and management counselling. 16. A venture investment corporation is required to supply the Minister with particulars of any purchase and sale of securities. 17. The Minister is given authority to examine the books and records of a venture investment corporation. 18. The Bill contains a prohibition against disclosure of any informa- tion obtained from a venture investment corporation. BILL 9 1977 An Act respecting the Registration of Venture Investment Corporations 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 (a) "articles of incorporation" or "articles" means the original or restated articles of incorporation, articles of amalgamation, letters patent, supplementary letters patent, a special Act and any other instru- ment by which a corporation is incorporated, and includes any amendments thereto ; {b) "associate", where used to indicate a relationship with any person, means, (i) any body corporate of which such person beneficially owns, directly or indirectly, equity shares carrying more than 10 per cent of the voting rights attached to all equity shares of the body corporate for the time being, (ii) any partner of that person acting by or for the partnership of which they are both partners, (iii) any trust or estate in which such person has a substantial beneficial interest or in respect of which such person serves as trustee or in a similar capacity, (iv) any spouse, parent, son or daughter, brother or sister of that person, or (v) any relative of such person or of his spouse, other than a relative referred to in subclause iv, who has the same home as such person ; (c) "body corporate" means any body corporate whether ?M°' ^^^' ^^ ^^^ ^^ ^^ ^ corporation to which The Business Cor- porations A d apphes ; (d) "certified copy" means, (i) in relation to a document of a body cor- porate, a copy of the document certified to be a true copy under the seal of the body cor- porate and signed by an officer thereof, (ii) in relation to a document issued by a court, a copy of the document certified to be a true copy under the seal of the court and signed by the registrar or clerk thereof, (iii) in relation to a document in the custody of the Ministry, a copy of the document certi- fied to be a true copy under the seal of the Minister and signed by the Minister or by such officer of the Ministry as is designated by the regulations ; {e) "corporation" means a body corporate with share capital to which The Business Corporations Act applies ; (J) "debt obligation" means a bond, debenture, note or other similar obligation of a body corporate, whether secured or unsecured ; {g) "director" means a member of the board of directors of a body corporate or any other individual who performs functions for the body corporate similar to those normally performed by an individual occupying the position of director; {h) "eligible investment" means an investment in a small business that complies with section 10; (i) "equity share" means any share of any class of shares of a body corporate carrying voting rights under all circumstances and any share of any class of shares carrying voting rights by reason of the occurrence of any contingency that has occurred and is continuing ; (J) "investment" means the purchase or acquisition from a small business by a venture investment corporation of the securities issued by that small business ; (k) "land" includes land and any estate, right or interest therein, a leasehold interest or estate, the interest of an optionee, the interest of a purchaser under an agreement to sell land or goodwill attributable to the location of land or to the existence thereon of any building or fixture, and fixtures ; (/) "Minister" means the Minister of Consumer and Commercial Relations or such other member of the Executive Council to whom the administration of this Act is assigned; (w) "Ministry" means the Ministry of the Minister; («) "officer" means the chairman or any vice-chairman of the board of directors, the president, any vice- president, the secretary, any assistant secretary, the treasurer, any assistant treasurer, the general manger, or any other person designated an officer by by-law or resolution of the directors or any other individual who performs functions for the body cor- porate similar to those normally performed by an individual occupying any such office ; (o) "prescribed" means prescribed by the regulations; (P) "register" means the register under this Act; {q) "regulations" means the regulations made under this Act; {r) "related person", where used to indicate a relation- ship with any person, means, (i) any spouse, parent, son or daughter, brother or sister of that person, (ii) any relative of such person or of his spouse, other than a relative referred to in subclause i, who has the same home as such person, or (iii) any body corporate of which such person and any of the persons referred to in subclause i or ii or the partner or employer of such per- son, either alone or in combination benefi- cially owns, directly or indirectly, equity shares carrying more than 50 per cent of the voting rights attached to all equity shares of a body corporate for the time being outstand- ing; (s) "resident Canadian" means an individual who is a Canadian citizen or has been lawfully admitted to Canada for permanent residence and who is ordinarily resident in Canada ; (/) "security" means any share of any class of shares or any debt obligation of a body corporate ; (m) "small business" means a body corporate having the number of employees and the amount of assets and profits that fall within the prescribed limits ; (v) "Tribunal" means the Ontario Securities Commission ; (w) "venture investment corporation" means a corpora- tion registered under this Act. Interpre- tation : subsidiary body corporate (2) For the purposes of this Act, a body corporate shall be deemed to be a subsidiary of another body corporate if, but only if, (a) it is controlled by, (i) that other, (ii) that other and one or more bodies cor- porate each of which is controlled by that other, or (iii) two or more bodies corporate each of which is controlled by that other ; or {b) it is a subsidiary of a body corporate that is that other's subsidiary. holding body corporate affiliated body corporate (3) For the purposes of this Act, a body corporate shall be deemed to be another's holding body corporate if, but only if, that other is its subsidiary. (4) For the purposes of this Act, one body corporate shall be deemed to be affiliated with another body corporate if, but only if, one of them is the subsidiary of the other or both are subsidiaries of the same body corporate or each of them is controlled by the same person. Control (5) Unless otherwise prescribed, a body corporate shall be deemed to be controlled by another person or by two or more bodies corporate if, but only if. {a) shares of the first-mentioned body corporate carry- ing more than 50 per cent of the votes for the election of directors are held, other than by way of security only, by or for the benefit of such other person or by or for the benefit of such other bodies corporate; and (b) the votes carried by such shares are sufficient if exercised to elect a majority of the board of directors of the first-mentioned body corporate. (6) In calculating the total number of equity shares of a ofJ^^^i*^^°° body corporate beneficially owned or controlled, for the number of purposes of this Act, the total number shall be calculated as Blares the total of all the shares actually owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes carried. (7) In determining the number of shareholders of a body ^a?ehoiders corporate, for the purposes of this Act, two or more persons holding the same share or shares jointly shall be counted as one shareholder. (8) For the purpose of determining whether or not a oeter- body corporate is a small business, there shall be taken of smaii into account the number of employees and the amount of assets and profits of any aihliate of such body corporate. 2. — (1) Where all the shares of a corporation are with ^^^H®*^,. par value, its issued and outstanding capital shall be expressed par value in Canadian or other currency, or partly in one currency and partly in another, and is an amount equal to the total of the products of the number of such issued and outstanding shares of each class multiplied by the par value thereof less such decreases in the issued and outstanding capital as from time to time have been effected by the corporation in accordance with The Business Corporations Act. f-^ R.S.0. 1970, (2) Where the shares of a corporation are without par ^^^ value or where part of its shares are with par value and shares part are without par value, its issued and outstanding capital shall be expressed in Canadian or other currency, or partly in one currency and partly in another, and is an amount equal to the total of the products of the number of issued and outstanding shares of each class with par value multiplied by the par value thereof, together with the amount of the consideration for which the shares without par value from time to time outstanding were issued and together with such amounts as from time to time by by-law of the cor- poration may be transferred thereto and less such decreases in the issued and outstanding capital as from time to time have been effected by the corporation in accordance with ^•^■01970, xhe Business Corporations Act. REGISTER Register 3^ — (J) fhe Minister shall maintain a register of venture investment corporations in which he shall list all corporations registered under this Act. Dei^ation (2) The Minister may delegate in writing any of his duties or powers under this Act to any public servant in the Ministry. REGISTRATION Registration 4^ — (J) \ Corporation may apply to be registered under this Act by delivering to the Minister a proposal in duplicate. Contents of (2) A proposal shall set out : proposal ^ ' f f 1. The name of the corporation. 2. The location of the head office of the corporation in Ontario, including the street and number, if any. 3. The authorized capital, the classes of shares, if any, into which it is to be divided, the number of shares in each class, and the par value of each share, or, where the shares are without par value, the con- sideration, if any, exceeding which each share may not be issued or the aggregate consideration, if any, exceeding which all other shares of each class may not be issued. 4. The issued capital of each class of shares, including the aggregate consideration therefor. 5. The amounts and kinds of debt obligations, if any, issued by the corporation. 6. The number of directors of the corporation and the names in full and the residence addresses of each, giving the street and number, if any. 7. The names in full of the officers of the corporation and the residence addresses of each, giving the street and number, if any. 8. Any other matter prescribed to be set out in the proposal. (3) A proposal shall be accompanied by a certified copy of i^c^orporation the corporation's articles of incorporation. (4) The proposal shall be executed under the seal of the p^oposa?^ °^ corporation and signed by two officers or one director and one officer of the corporation and certified by affidavit of one of the officers or directors signing the proposal. 5. — (1) No corporation shall be registered under this Act re'^girL°Mon^ unless, {a) the corporation has never previously carried on business ; (b) a majority of the directors on the board of directors are resident Canadians ; (c) the corporation has objects only to assist in the development of small businesses by, (i) providing capital through the acquisition and holding of shares and notes, bonds, deben- tures or similar obligations, and (ii) providing business and managerial expertise to small businesses ; (d) the corporation has issued and outstanding capital of a value of $250,000 or more; and (e) the corporate name includes the words "venture investment corporation". (2) A venture investment corporation shall at all times ^^^^^"j'^^*^ comply with the provisions of clauses b, c and e of sub- section 1. (3) No corporation, association, partnership or individual ?:^v|nture not being a corporation registered under this Act shall use co^orawon" in Ontario, without the consent of the Minister, a name that includes the words "venture investment corporation" or any abbreviation or derivation thereof, whether or not the word, abbreviation or derivation is used in or in connection with the name. 6. — (1) Subject to subsection 4, a corporation is entitled ^®^*^*^*"°° to registration by the Minister except where, (a) the applicant fails to comply with section 4 or 5, as the case may be ; or 8 (b) the applicant fails to file the material required by this Act or the regulations. ^Ster*° (^) Subject to section 8, the Minister may refuse to register a corporation where in the Minister's opinion the applicant is disentitled to registration under subsection 1 of this section. ^^8tratioii°^ (3) Subject to section 8, the Minister may revoke a regis- tration where the registrant fails to comply with any provi- sion of this Act or the regulations. Minister may suspend further registra- tions (4) Where the Minister is of the opinion that the number of corporations registered under this Act is sufficient to meet the objectives of this Act or where he is of the opinion that it is in the public interest to do so, the Minister may, subject to the approval of the Lieutenant Governor in Council, by order, suspend the further registration of cor- porations under this Act for such period of time as is specified in the order. Registration 7. If a corporation complies with sections 4 and 5, the Minister shall, when all prescribed fees have been paid, {a) endorse on each duplicate of the proposal the word "Registered" and the day, month and year of the registration thereof; (b) file one of the duplicates in his office ; (c) place the name of the corporation in the register of venture investment corporations ; and (d) issue to the registrants a certificate of registration to which he shall affix the other duplicate. * Notice of proposal to refuse or revoke Notice requiring hearing 8. — (1) Where the Minister proposes to refuse to grant or proposes to revoke a registration, he shall serve notice of his proposal, together with written reasons therefor, on the applicant or registrant. (2) A notice under subsection 1 shall inform the applicant or registrant that he is entitled to a hearing by the Tribunal if he mails or delivers, within fifteen days after the notice under subsection 1 is served on him, notice in writing re- quiring a hearing to the Minister and the Tribunal, and he may so require such a hearing. Powers of Minister where no hearing (3) Where an applicant or registrant does not require a hearing by the Tribunal in accordance with subsection 2, the Minister may carry out the proposal stated in his notice under subsection 1 . (4) Where an apphcant or registrant requires a hearing P°j^era^of bv the Tribunal in accordance with subsection 2, the Tribunal where •^ 111 bearing shall appoint a time for and hold the hearing and, on application made at the hearing, may by order direct the Minister to carry out his proposal or refrain from carrying out his proposal and to take such action as the Tribunal considers the Minister ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Minister. (5) The Tribunal may attach such terms and conditions o°order°°^ to its order or to the registration as it considers proper to give effect to the purposes of this Act. (6) The Minister, the apphcant or the registrant who hasP*''*^^®^ required the hearing and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal under this section. (7) Notwithstanding subsection 1, the Minister may cancel J^^^^j^l^T^j^ a registration upon the request in writing of the registrant in the prescribed form surrendering its registration. (8) Notwithstanding that an applicant or registrant appeals Effective from an order of the Tribunal, the order takes effect im-^tay mediately, but the Tribunal may grant a stay until disposition of the appeal. 9. — (1) In each fiscal year, a venture investment cor- y^i^'^*^*^*® poration shall maintain issued and outstanding capital of a capital value that is not less than the requisite issued and outstanding capital. (2) For the purposes of subsection 1, the requisite issued i^^™ and outstanding capital of a venture investment corporation is, (a) $250,000 or more during its first fiscal year; (b) $350,000 or more prior to the end of its second fiscal year; (c) $500,000 or more prior to the end of its third fiscal year; 10 {d) $750,000 or more prior to the end of its fourth fiscal year; {e) $750,000 or more during each subsequent fiscal year. Minimum (3) Prior to the end of its first fiscal year, a venture percentage . ^ ' • i n i • , pfeiigibie mvestment corporation shall have mvested at least 60 per men s ^^^^ ^^ .^^ requisite issued and outstanding capital in eligible investments. Idem (4) Prior to the end of its second fiscal year, a venture investment corporation shall have invested at least 80 per cent of its requisite issued and outstanding capital in ehgible investments. Idem (5) Prior to the end of its third fiscal year, a venture investment corporation shall have invested an average of at least 80 per cent, calculated on the last day of each month of its fiscal year, of its requisite issued and outstanding capital in eligible investments. Idem (6) After the end of its third fiscal year, a venture investment corporation shall at all times maintain an average of at least 80 per cent, calculated on the last day of each month of the immediately preceding twelve months, of its requisite issued and outstanding capital in eligible invest- ments. Idem Fiscal year (7) If at any time a venture investment corporation has issued and outstanding capital in excess of the requisite capital provided for in subsection 2, such venture investment corporation shall maintain at least 80 per cent of such excess in eligible investments. (8) A venture investment corporation shall have a fiscal year that commences upon the date of its registration under this Act and ends upon the anniversary of the date of its registration. ELIGIBLE INVESTMENTS divestments ' ^* — (^) ^" investment shall be an eligible investment if, but only if, (a) the investment is made in a small business in which 90 per cent or more of its. (i) assets are situate in Ontario, and 11 (ii) wages and salaries are paid to residents of Ontario ; {b) the investment is not used by the small business for the purpose of, (i) relending, (ii) investment in land except such land as is incidental and ancillary to the principal objects of the small business, or (iii) reinvestment outside Canada; (c) the number of equity shares taken by the venture investment corporation in the small business, or any affiliated body corporate of such small business, in which the venture investment corporation invests does not at any time exceed 40 per cent, deter- mined in the manner prescribed by subsection 2, of all issued and outstanding equity shares of such small business; {d) the investment is made in a small business in which, (i) the total number of equity shares of the body corporate beneficially owned, directly or indirectly, by non-residents over which non-residents exercise control or direction does not exceed 25 per cent of the total number of issued and outstanding equity shares of the body corporate, or (ii) the total number of equity shares of the body corporate beneficially owned, directly or indirectly, by a non-resident or over which he exercises his control or discretion, together with other shareholders associated with him, if any, does not exceed 10 per cent of the total number of issued and outstanding equity shares of the body corporate; and {e) the small business or investment is not of a type prescribed by the regulations. (2) In determining the percentage of issued and outstanding 5[^*e°^^i°fii equity shares of a small business for the purposes of clause percentage c of subsection 1, there shall be included, shares (a) the number of equity shares into which any debt obligation of such small business may be converted; 12 {b) any option or right to purchase equity shares of such small business; and (c) any equity shares, convertible debt obhgations and any options or rights of such small business benefi- cially owned or held by an associate of the venture investment corporation, any shareholder of it, or a r associate or affiliated body corporate of either of them. Investments ||^ — (J) A venture investment corporation shall maintain its assets in, (a) eligible investments; (b) liquid reserves; (c) securities that were eligible investments at the time they were acquired by such venture investment corporation; or {d) such other form as may be prescribed. Organization, (2) The Minister may prescribe the kinds of expenses that etc., expenses ^ ' j r . . , a venture investment corporation may claim in the organi- zation, promotion and operation of its business and affairs and may impose limits thereon. Liquid reserves R.S.C. 1970, c. B-1 R.S.0. 1970, C.254 (3) Assets of the corporation maintained in liquid reserves shall be deposited from time to time in any chartered bank to which the Bank Act (Canada) applies, or in any trust company or loan corporation that is registered under The Loan and Trust Corporations Act, or with the Province of Ontario Savings Office or in such other investments as may be prescribed, upon such terms and conditions and for such period as the corporation considers expedient. Interpre- tation 12. — (1) In this section and in clause d of subsection 1 of section 10, (a) "body corporate" includes an association, partner- ship or other organization ; {b) "non-resident" means, (i) an individual who is not a resident Canadian, (ii) a body corporate incorporated, formed or otherwise organized elsewhere than in Canada, 13 (iii) a body corporate that is controlled directly or indirectly by non-residents as defined in subclause i or ii, (iv) a trust established by a non-resident as defined in subclause i, ii or iii, or a trust in which non- residents as so defined have more than 50 per cent of the beneficial interest, or (v) a body corporate that is controlled directly or indirectly by a trust mentioned in sub- clause iv; (c) "resident" means an individual, body corporate or trust that is not a non-resident. (2) For the purpose of clause d of subsection 1 of section 10, ^'*®"^ a shareholder shall be deemed to be associated with another shareholder if, {a) one shareholder is a body corporate of which the other shareholder is an officer or director; {h) one shareholder is a partnership of which the other shareholder is a partner; (c) one shareholder is a body corporate that is controlled directly or indirectly by the other shareholder; {d) both shareholders are bodies corporate and one share- holder is controlled directly or indirectly by the same individual or body corporate that controls directly or indirectly the other shareholder; [e) both shareholders are members of a voting trust where the trust relates to shares of a body corporate ; or (/) both shareholders are associated within the meaning of clauses a to e with the same shareholder. 13. — (1) A venture investment corporation shall not ^^y^gt^'^^J'^t.g invest or maintain an investment in a small business if, (a) any of the shares of such small business are held by, (i) a major shareholder or an associate thereof of the venture investment corporation. 14 (ii) an officer or director or an associate thereof of a venture investment corporation or an officer or director or an associate thereof of a major shareholder of the venture investment corporation, or (iii) a voting trust where the trust relates to the shares of the venture investment corporation ; or Interpre- tation {b) such small business is a subsidiary, a holding body corporate or affiliated body corporate of the venture investment corporation. (2) In this section, a "major shareholder" means a person who holds 10 per cent or more of the voting rights attached to all equity shares of the venture investment corporation for the time being outstanding. Restriction on security 14. In making an eligible investment, no venture invest- ment corporation shall, at any time, require or accept, either directly or indirectly, the personal guarantee of any person or the giving of a charge, mortgage, hypothec, pledge or like secured interest in the assets of any individual. Restriction on investment Interpre- tation 16. — (1) Except where a venture investment corporation is widely held, it shall not invest in a small business if the proceeds of that investment are used or are intended to be used, in whole or in part, to finance the purchase or sale of goods or services provided to such small business through any shareholder of the venture investment corporation or any associate or affiliated body corporate of such shareholder. (2) For the purposes of subsection 1, a widely held venture investment corporation is one having five or more shareholders, each holding not more than 20 per cent of the issued and outstanding equity shares of that corporation. Material change 16. — (1) In this section, a material change occurs if, but only if, the investment of a venture investment corporation ceases to be. (a) a small business; or Notification (b) an eligible investment. (2) A venture investment corporation shall notify, in the prescribed form, the Minister of any material change in any of its investments within thirty days of the occurrence thereof. 15 (3) Where there is a material chanere, the investment bv a Eligible ^ ' . . 1 11 • 1- -1 1 • investment venture investment corporation shall remain an eligible invest- ment, notwithstanding any other provision of this Act, for a period of two years from the date of the material change. 17. — (1) No securities and no option or right to acquire ^®|^^^*|;0° securities of a small business or of a body corporate that etc., of , 11 11 1 • 1- -1 1 • securities has ceased to be a small business or an eligible investment shall be transferred or granted by a venture investment corporation without first granting to the holders of the equity shares of such small business or body corporate the right to acquire the whole or any part of such securities, option or right upon the same terms and conditions. (2) Only a holder of equity shares that is not a venture Proviso investment corporation may exercise the right to acquire securities, options or rights under subsection 1. 1 8. Where the Minister is of the opinion that the venture Avoidance investment corporation or its security holders are con- ducting their business and affairs primarily so as to avoid payment of taxes, in a manner that is contrary to the spirit and intent of this Act, the Minister may, subject to section 8, revoke the registration of the venture investment corporation. 1 0. No corporation registered under this Act shall offer offering ° its securities to the public unless such offering is exempt from the registration and prospectus requirements of The ^Ige*' ^^^"' Securities Act. 20. Notwithstanding the provisions of section 167 of^^P"cation The Business Corporations Act, every venture investment Rs.o. 1970, corporation shall comply with the provisions of sections 168 and 169, subsections 1 to 4 of section 170 and section 171 and clause c of subsection 1 and subsection 3 of section 172 of that Act in each year. 2 1 . Within ninety days of the date to which it is made AnaSciai up, a venture investment corporation shall file with the statements Minister its financial statements and the auditor's report thereon. INFORMATION 22. — (1) Within ninety days after each anniversary of the^etums date of its registration, every venture investment corporation shall make out, verify and file with the Minister, a return in the prescribed form setting out, as of its anniversary date, the information required by such return. 16 Change in authorized capital (2) Where shares of a class are donated to, redeemed, purchased, accepted or surrendered or converted by a venture investment corporation, the venture investment corporation shall, within thirty days of the date in which the donation, redemption, purchase, surrender or conversion is effected, file with the Minister a notice setting out, {a) the number of shares of the class donated, redeemed, purchased, surrendered or converted; (b) the number of shares of the class cancelled; (c) the number and class or classes of shares into which the shares were converted; and {d) the date on which the donation, redemption, pur- chase, surrender or conversion was effected. Eniargrement (3) 7he Minister may, in his discretion, enlarge the time of time by , /,. . i i_ • .• Minister for filing any notice or return under this section. Record of moneys received 23. — (1) A venture investment corporation shall at all times maintain a record of all amounts of money or any other consideration received from any small business and shall indicate in such record the purpose for which the money or other consideration was received. to^flied**° (2) Within thirty days after each anniversary of the date of its registration, every venture investment corporation shall file with the Minister a copy of the records maintained under subsection 1. Notice to Minister 24.— (1) Within thirty days of acquiring or selhng an eligible investment, a venture investment corporation shall notify the Minister in the prescribed form of such acquisition or sale. Particoiars (2) The Minister shall maintain a file in respect of each investments venture investment corporation in which there shall be recorded particulars of all eligible investments held by the venture investment corporation. disclosure of (^) ^^^ Minister or any employee of the Ministry shall not information disclose information contained in a file or return under this section, or section 20, except where the disclosure is necessary 1972,0.143 for the administration or enforcement of this Act or The Corporations Tax Act, 1972, or where the disclosure is required by a court or the Tribunal for the purposes of an action, prosecution or proceeding. 17 (4) Upon the request of either the venture investment oieiigwi^°^^ corporation or the Minister of Revenue, where the informa- investments, tion is required for the administration or enforcement of The Corporations Tax Act, 1972, the Minister may issue to i^'^^- ^- ^^^ such venture investment corporation or the Minister of Revenue, a certificate as to registration under this Act or as to particulars of eligible investments held by such venture investment corporation during the period of time specified in the certificate. 25. — (1) Where this Act requires or authorizes the Minister fo^eunder^ to issue a certificate or to certify any fact, the certificate seal shall be issued under the seal of the Minister and shall be signed by him or by such officer of the Ministry as is designated by the Minister. (2) Any certificate purporting to be under the seal of the to^e^^**'^^ Minister and signed by a person authorized by or under p^'^/acie subsection 1, or any certified copy, is receivable in evidence in any action, prosecution or other proceedings as prima facie proof of the facts so certified without proof of the seal or the signature or the official position of the person appear- ing to have signed the certificate. 26. — (1) The Minister may at any time by notice require J°^°^™^**°° any venture investment corporation to file within the time ^^ the specified in the notice a return upon any subject connected with its affairs and relevant to the administration or enforce- ment of this Act. (2) The Minister or any employee of the Ministry shall ^*J|™^gj^^g ^j. not disclose information contained in a return made under subsection 1, except where the disclosure is necessary for the administration or enforcement of this Act or The Cor- porations Tax Act, 1972, or where the disclosure is required by a court or the Tribunal for the purposes of an action, prosecution or proceeding. 27. A venture investment corporation that enters into ^^g^^'^^^ management agreement shall file with the Minister a copy of the agreement, together with any amendments thereto, within thirty days after the making of the agreement or amendment. OFFENCES 28. — (1) Every person who makes or assists in making diO«ence> statement in any document required by or for the purposes of this Act or the regulations that, at the time and in the light of the circumstances under which it was made, is false 18 Exception OflFence Saving Inspection or misleading in respect of any material fact or that omits to state any material fact the omission of which makes the statement false or misleading is guilty of an offence and on summary conviction is Uable to a fine of not more than $2,000 or if such person is a corporation to a fine of not more than $20,000. (2) No person is guilty of an offence under subsection 1 if he did not know that the statement was false or misleading and in the exercise of reasonable diligence could not have known that the statement was false or misleading. 29. — (1) Every person who, while employed in the adminis- tration of this Act, has communicated or allowed to* be com- municated to a person not legally entitled thereto any infor- mation obtained under this Act, or has allowed any such person to inspect or to have access to any written statement furnished under this Act is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000. (2) Subsection 1 does not apply to the communication of information among the Ministry and the Ministry of Revenue and the Ministry of Treasury, Economics and Intergovern- mental Affairs. 30. The Minister or any person designated by him in writing may at all reasonable times enter into any premises or place where any business is carried on or any property is kept or any thing is done in connection with any business of a venture investment corporation or any books or records are or should be kept by the registrant pursuant to this Act and may make an inspection to ensure that the provisions of this Act and the regulations relating to registration and the maintenance of records are being complied with. Sspection ^^* — (^) Upon an inspection under section 30, the person inspecting, (a) is entitled to free access of all books of account, cash, documents, bank accounts, vouchers, cor- respondence and records of every description of the venture investment corporation being inspected; {b) may, upon giving a receipt therefor, remove any material referred to in clause a that relates to the purpose of the inspection for the purpose of making a copy thereof, providing that such copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the per- son being inspected, 19 and no person shall obstruct the person inspecting or with- hold or destroy, conceal or refuse to furnish any information or thing required by the person inspecting for the purposes of the inspection. (2) Any copy made as provided in subsection 1 and purport- copy ing to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as being of actual proof of the original. (3) Every person who contravenes subsection 1 is guilty of offence an offence and on summary conviction is liable to a fine of not more than $2,000, or if such person is a corporation, to a fine of not more than $20,000. 32. Every corporation that has failed to deliver a return offence as and when required by this Act or the regulations is guilty of an offence and on summary conviction is liable to a fine of not less than $25 for each day of default. 33. The Minister may require any fact relevant to the-'^®^*^' performance of his duties under this Act or the regulations to be verified by affidavit or otherwise. 34. The Lieutenant Governor in Council may make Regulations regulations, (a) requiring the payment of fees for any matter required to be done in the administration of this Act and prescribing the amounts thereof; {b) designating officers of the Ministry who may sign certificates for the purposes of section 26; (c) prescribing the particulars that the Minister shall maintain in the register of venture investment corporations ; (d) prescribing forms and providing for their use; {e) requiring any person to make information returns respecting any class of information required in assessing compliance with this Act ; (/) authorizing a designated officer or class of officers employed by the Government of Ontario to exercise powers or perform duties of the Minister under this Act; 20 (g) defining any word or expression used in this Act that has not already been expressly defined in this Act; (h) prescribing the manner in which any calculation under section 9 is to be made; (i) prescribing the manner and any conditions upon which a right of purchase may be exercised under section 17; Commence- ment Short title (J) determining the method of calculation to be used in measuring the percentage of assets that a small business has situate in Ontario; (k) prescribing any matter required by this Act to be prescribed by the regulations. 35. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. 36. The short title of this Act is The Venture Investment Corporations Registration Act, 1977. o ta 3 e OP O < 0) X (/I o C •z 1-1 ft "1 o ^ l-K oo 3 p g 2 o p w 3 o D- G o X Co t\) 3 »«^ s fD 00 Si- '^ >0 to >3 ■ rti Si p' Si- -4 ^ < a? a> > 3 o i-t- l-K P s s 3 •s < o ^ ix 3 3 3 ^ <-t- fD O >c o a> 1-1 O °3. rl- >-l P o' •-1 P f-t- o" S 3 BILL 9 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act respecting the Registration of Venture Investment Corporations The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 9 1977 An Act respecting the Registration of Venture Investment Corporations 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 \ ' ' t-.at.inn tation {a) "articles of incorporation" or "articles" means the original or restated articles of incorporation, articles of amalgamation, letters patent, supplementary letters patent, a special Act and any other instru- ment by which a corporation is incorporated, and includes any amendments thereto ; {b) "associate", where used to indicate a relationship with any person, means, (i) any body corporate of which such person beneficially owns, directly or indirectly, equity shares carrying more than 10 per cent of the voting rights attached to all equity shares of the body corporate for the time being, (ii) any partner of that person acting by or for the partnership of which they are both partners, (iii) any trust or estate in which such person has a substantial beneficial interest or in respect of which such person serves as trustee or in a similar capacity, (iv) any spouse, parent, son or daughter, brother or sister of that person, or (v) any relative of such person or of his spouse, other than a relative referred to in subclause iv, who has the same home as such person ; (c) "body corporate" means any body corporate whether RS.o. 1970, or not it is a corporation to which The Business Cor- porations Act applies ; {d) "certified copy" means, (i) in relation to a document of a body cor- porate, a copy of the document certified to be a true copy under the seal of the body cor- porate and signed by an officer thereof, (ii) in relation to a document issued by a court, a copy of the document certified to be a true copy under the seal of the court and signed by the registrar or clerk thereof, (iii) in relation to a document in the custody of the Ministry, a copy of the document certi- fied to be a true copy under the seal of the Minister and signed by the Minister or by such officer of the Ministry as is designated by the regulations ; (e) "corporation" means a body corporate with share capital to which The Business Corporations Act apphes ; if) "debt obligation" means a bond, debenture, note or other similar obligation of a body corporate, whether secured or unsecured ; {g) "director" means a member of the board of directors of a body corporate or any other individual who performs functions for the body corporate similar to those normally performed by an individual occupying the position of director; {h) "eligible investment" means an investment in a small business that complies with section 10; {i) "equity share" means any share of any class of shares of a body corporate carrying voting rights under all circumstances and any share of any class of shares carrying voting rights by reason of the occurrence of any contingency that has occurred and is continuing ; (j) "investment" means the purchase or acquisition from a small business by a venture investment corporation of the securities issued by that small business ; (k) "land" includes land and any estate, right or interest therein, a leasehold interest or estate, the interest of an optionee, the interest of a purchaser under an agreement to sell land or goodwill attributable to the location of land or to the existence thereon of any building or fixture, and fixtures; (/) "Minister" means the Minister of Consumer and Commercial Relations or such other member of the Executive Council to whom the administration of this Act is assigned; (w) "Ministry" means the Ministry of the Minister; («) "officer" means the chairman or any vice-chairman of the board of directors, the president, any vice- president, the secretary, any assistant secretary, the treasurer, any assistant treasurer, the general manger, or any other person designated an officer by by-law or resolution of the directors or any other individual who performs functions for the body cor- porate similar to those normally performed by an individual occupying any such office ; (o) "prescribed" means prescribed by the regulations; (P) "register" means the register under this Act; {q) "regulations" means the regulations made under this Act; {r) "related person", where used to indicate a relation- ship with any person, means, (i) any spouse, parent, son or daughter, brother or sister of that person, (ii) any relative of such person or of his spouse, other than a relative referred to in subclause i, who has the same home as such person, or (iii) any body corporate of which such person and any of the persons referred to in subclause i or ii or the partner or employer of such per- son, either alone or in combination benefi- cially owns, directly or indirectly, equity shares carrying more than 50 per cent of the voting rights attached to all equity shares of a body corporate for the time being outstand- ing; (s) "resident Canadian" means an individual who is a Canadian citizen or has been lawfully admitted to Canada for permanent residence and who is ordinarily resident in Canada ; (t) "security" means any share of any class of shares or any debt obligation of a body corporate ; (w) "small business" means a body corporate having the number of employees and the amount of assets and profits that fall within the prescribed limits ; {v) "Tribunal" means the Ontario Securities Commission ; (w) "venture investment corporation" means a corpora- tion registered under this Act. Interpre- tation: subsidiary body corporate (2) For the purposes of this Act, a body corporate shall be deemed to be a subsidiary of another body corporate if, but only if, (a) it is controlled by, (i) that other, (ii) that other and one or more bodies cor- porate each of which is controlled by that other, or (iii) two or more bodies corporate each of which is controlled by that other ; or (6) it is a subsidiary of a body corporate that is that other's subsidiary. holding body corporate affiliated body corporate (3) For the purposes of this Act, a body corporate shall be deemed to be another's holding body corporate if, but only if, that other is its subsidiary. (4) For the purposes of this Act, one body corporate shall be deemed to be affiliated with another body corporate if, but only if, one of them is the subsidiary of the other or both are subsidiaries of the same body corporate or each of them is controlled by the same person. Control (5) Unless otherwise prescribed, a body corporate shall be deemed to be controlled by another person or by two or more bodies corporate if, but only if. {a) shares of the first-mentioned body corporate carry- ing more than 50 per cent of the votes for the election of directors are held, other than by way of security only, by or for the benefit of such other person or by or for the benefit of such other bodies corporate; and {b) the votes carried by such shares are sufficient if exercised to elect a majority of the board of directors of the first-mentioned body corporate. (6) In calculating the total number of equity shares of a calculation body corporate beneficially owned or controlled, for the number of ©QUltV purposes of this Act, the total number shall be calculated as shares the total of all the shares actually owned or controlled, but each share that carries the right to more than one vote shall be calculated as the number of shares equalling the total number of votes carried. (7) In determining the number of shareholders of a body ^arehoiders corporate, for the purposes of this Act, two or more persons holding the same share or shares jointly shall be counted as one shareholder. (8) For the purpose of determining whether or not a oeter- body corporate is a small business, there shall be taken ofsmaii into account the number of employees and the amount of assets and profits of any affiliate of such body corporate. 2. — (1) Where all the shares of a corporation are with ^|f^?^j. par value, its issued and outstanding capital shall be expressed parvaivie in Canadian or other currency, or partly in one currency and partly in another, and is an amount equal to the total of the products of the number of such issued and outstanding shares of each class multiplied by the par value thereof less such decreases in the issued and outstanding capital as from time to time have been effected by the corporation in accordance with The Business Corporations Act. ff^ R.S.0. 1970, (2) Where the shares of a corporation are without par °°jP^^ value or where part of its shares are with par value and shares part are without par value, its issued and outstanding capital shall be expressed in Canadian or other currency, or partly in one currency and partly in another, and is an amount equal to the total of the products of the number of issued and outstanding shares of each class with par value multiplied by the par value thereof, together with the amount of the consideration for which the shares without par value from time to time outstanding were issued and together with such amounts as from time to time by by-law of the cor- poration may be transferred thereto and less such decreases in the issued and outstanding capital as from time to time have been effected by the corporation in accordance with R.s.o. 1970, T'/jg Business Corporations Act. REGISTER Register 3^ — (1) fhe Minister shall maintain a register of venture investment corporations in which he shall list all corporations registered under this Act. Delegation (2) The Minister may delegate in writing any of his byMlnister \.' j /u- a ?^ u^■ 4. ■ ^u duties or powers under this Act to any public servant in the Ministry. REGISTRATION Registration 4, — ^) A corporation may apply to be registered under this Act by delivering to the Minister a proposal in duplicate. Contents of (2) A proposal shall set out : proposal \ / r r 1. The name of the corporation. 2. The location of the head office of the corporation in Ontario, including the street and number, if any. 3. The authorized capital, the classes of shares, if any, into which it is to be divided, the number of shares in each class, and the par value of each share, or, where the shares are without par value, the con- sideration, if any, exceeding which each share may not be issued or the aggregate consideration, if any, exceeding which all other shares of each class may not be issued. 4. The issued capital of each class of shares, including the aggregate consideration therefor. 5. The amounts and kinds of debt obligations, if any, issued by the corporation. 6. The number of directors of the corporation and the names in full and the residence addresses of each, giving the street and number, if any. 7. The names in full of the officers of the corporation and the residence addresses of each, giving the street and number, if any. 8. Any other matter prescribed to be set out in the proposal. (3) A proposal shall be accompanied by a certified copy of j^c^or^oration the corporation's articles of incorporation. (4) The proposal shall be executed under the seal of the pro^posa?" °^ corporation and signed by two officers or one director and one officer of the corporation and certified by affidavit of one of the officers or directors signing the proposal. 5. — (1) No corporation shall be registered under this Act registrawon^ unless, (a) the corporation has never previously carried on business ; (b) a majority of the directors on the board of directors are resident Canadians ; (c) the corporation has objects only to assist in the development of small businesses by, (i) providing capital through the acquisition and holding of shares and notes, bonds, deben- tures or similar obligations, and (ii) providing business and managerial expertise to small businesses ; {d) the corporation has issued and outstanding capital of a value of $250,000 or more; and {e) the corporate name includes the words "venture investment corporation". (2) A venture investment corporation shall at all times ^°°*|°^^gS^ comply with the provisions of clauses b, c and e of sub- section 1. (3) No corporation, association, partnership or individual Ji^yenture not being a corporation registered under this Act shall use corporation-, in Ontario, without the consent of the Minister, a name that includes the words "venture investment corporation" or any abbreviation or derivation thereof, whether or not the word, abbreviation or derivation is used in or in connection with the name. 6. — (1) Subject to subsection 4, a corporation is entitled ^®^^^*''^"°° to registration by the Minister except where, {a) the applicant fails to comply with section 4 or 5, as the case may be ; or 8 (b) the applicant fails to file the material required by this Act or the regulations. reg^ister'° (^) Subject to section 8, the Minister may refuse to register a corporation where in the Minister's opinion the applicant is disentitled to registration under subsection 1 of this section. regi8tration°^ (^) Subject to section 8, the Minister may revoke a regis- tration where the registrant fails to comply with any provi- sion of this Act or the regulations. Minister may suspend further registra- tions (4) Where the Minister is of the opinion that the number of corporations registered under this Act is sufficient to meet the objectives of this Act or where he is of the opinion that it is in the public interest to do so, the Minister may, subject to the approval of the Lieutenant Governor in Council, by order, suspend the further registration of cor- porations under this Act for such period of time as is specified in the order. Registration 7. If a corporation complies with sections 4 and 5, the Minister shall, when all prescribed fees have been paid, (a) endorse on each duplicate of the proposal the word "Registered" and the day, month and year of the registration thereof; {b) file one of the duplicates in his office ; (c) place the name of the corporation in the register of venture investment corporations; and (d) issue to the registrants a certificate of registration to which he shall affix the other duplicate. Notice of proposal to refuse or revoke Notice requiring hearing 8. — (1) Where the Minister proposes to refuse to grant or proposes to revoke a registration, he shall serve notice of his proposal, together with written reasons therefor, on the applicant or registrant. (2) A notice under subsection 1 shall inform the applicant or registrant that he is entitled to a hearing by the Tribunal if he mails or delivers, within fifteen days after the notice under subsection 1 is served on him, notice in writing re- quiring a hearing to the Minister and the Tribunal, and he may so require such a hearing. Powers of Minister where no hearing (3) Where an applicant or registrant does not require a hearing by the Tribunal in accordance with subsection 2, the Minister may carry out the proposal stated in his notice under subsection 1 . (4) Where an apphcant or registrant requires a hearing P°.^®^j^^°f bv the Tribunal in accordance with subsection 2, the Tribunal where -' nearing shall appoint a time for and hold the hearing and, on application made at the hearing, may by order direct the Minister to carry out his proposal or refrain from carrying out his proposal and to take such action as the Tribunal considers the Minister ought to take in accordance with this Act and the regulations, and for such purposes the Tribunal may substitute its opinion for that of the Minister. (5) The Tribunal may attach such terms and conditions of'o^^el,""^ to its order or to the registration as it considers proper to give effect to the purposes of this Act. (6) The Minister, the applicant or the registrant who has^^r**®^ required the hearing and such other persons as the Tribunal may specify are parties to the proceedings before the Tribunal under this section. (7) Notwithstanding subsection 1, the Minister may cancel ^^^^ntar^^ a registration upon the request in writing of the registrant in the prescribed form surrendering its registration. (8) Notwithstanding that an applicant or registrant appeals Effective from an order of the Tribunal, the order takes effect im-^tay mediately, but the Tribunal may grant a stay until disposition of the appeal. 0. — (1) In each fiscal year, a venture investment cor- ^aiue^of*^^ poration shall maintain issued and outstanding capital of a capital value that is not less than the requisite issued and outstanding capital. (2) For the purposes of subsection 1 , the requisite issued i**®™ and outstanding capital of a venture investment corporation is, (a) $250,000 or more during its first fiscal year; (b) $350,000 or more prior to the end of its second fiscal year; (c) $500,000 or more prior to the end of its third fiscal year; 10 {d) $750,000 or more prior to the end of its fourth fiscal year; (e) $750,000 or more during each subsequent fiscal year. (3) Prior to the end of its first fiscal year, a venture Minimum percentage . • i „ i . " pfeiigibie mvestment corporation shall have invested at least 60 per cent of its requisite issued and outstanding capital in eligible investments. Idem (4) Prior to the end of its second fiscal year, a venture investment corporation shall have invested at least 80 per cent of its requisite issued and outstanding capital in eligible investments. Idem (5) Prior to the end of its third fiscal year, a venture investment corporation shall have invested an average of at least 80 per cent, calculated on the last day of each month of its fiscal year, of its requisite issued and outstanding capital in eligible investments. Idem Idem Fiscal year (6) After the end of its third fiscal year, a venture investment corporation shall at all times maintain an average of at least 80 per cent, calculated on the last day of each month of the immediately preceding twelve months, of its requisite issued and outstanding capital in eligible invest- ments. (7) If at any time a venture investment corporation has issued and outstanding capital in excess of the requisite capital provided for in subsection 2, such venture investment corporation shall maintain at least 80 per cent of such excess in eligible investments. (8) A venture investment corporation shall have a fiscal year that commences upon the date of its registration under this Act and ends upon the anniversary of the date of its registration. ELIGIBLE INVESTMENTS hives^ments ^ ^* — (^) ^^ investment shall be an eligible investment if, but only if, (a) the investment is made in a small business in which 90 per cent or more of its, (i) assets are situate in Ontario, and 11 (ii) wages and salaries are paid to residents of Ontario ; {b) the investment is not used by the small business for the purpose of, (i) relending, (ii) investment in land except such land as is incidental and ancillary to the principal objects of the small business, or (iii) reinvestment outside Canada; (c) the number of equity shares taken by the venture investment corporation in the small business, or any affiliated body corporate of such small business, in which the venture investment corporation invests does not at any time exceed 40 per cent, deter- mined in the manner prescribed by subsection 2, of all issued and outstanding equity shares of such small business; (d) the investment is made in a small business in which, (i) the total number of equity shares of the body corporate beneficially owned, directly or indirectly, by non-residents over which non-residents exercise control or direction does not exceed 25 per cent of the total number of issued and outstanding equity shares of the body corporate, or (ii) the total number of equity shares of the body corporate beneficially owned, directly or indirectly, by a non-resident or over which he exercises his control or discretion, together with other shareholders associated with him, if any, does not exceed 10 per cent of the total number of issued and outstanding equity shares of the body corporate; and {e) the small business or investment is not of a type prescribed by the regulations. (2) In determining the percentage of issued and outstanding Manner of •1 u r 11 \- • X ..1- XI determining equity shares of a small busmess for the purposes of clause percentage c of subsection 1, there shall be included, shares ^ (a) the number of equity shares into which any debt obligation of such small business may be converted; 12 {b) any option or right to purchase equity shares of such small business; and (c) any equity shares, convertible debt obligations and any options or rights of such small business benefi- cially owned or held by an associate of the venture investment corporation, any shareholder of it, or ar associate or affiliated body corporate of either of them. Investments ||^ — (J) A venture investment corporation shall maintain its assets in, (a) eligible investments; {b) liquid reserves; (c) securities that were eligible investments at the time they were acquired by such venture investment corporation; or (d) such other form as may be prescribed. et?*ex'^enses' (^) ^^^ Minister may prescribe the kinds of expenses that a venture investment corporation may claim in the organi- zation, promotion and operation of its business and affairs and may impose limits thereon. Liquid reserves R.S.C. 1970, c. B-1 R.S.0. 1970, C.254 (3) Assets of the corporation maintained in liquid reserves shall be deposited from time to time in any chartered bank to which the Bank Ad (Canada) applies, or in any trust company or loan corporation that is registered under The Loan and Trust Corporations Act, or with the Province of Ontario Savings Office or in such other investments as may be prescribed, upon such terms and conditions and for such period as the corporation considers expedient. Interpre- tation 12. — (1) In this section and in clause d of subsection 1 of section 10, {a) "body corporate" includes an association, partner- ship or other organization ; (b) "non-resident" means, (i) an individual who is not a resident Canadian, (ii) a body corporate incorporated, formed or otherwise organized elsewhere than in Canada, 13 (iii) a body corporate that is controlled directly or indirectly by non-residents as defined in subclause i or ii, (iv) a trust established by a non-resident as defined in subclause i, ii or iii, or a trust in which non- residents as so defined have more than 50 per cent of the beneficial interest, or (v) a body corporate that is controlled directly or indirectly by a trust mentioned in sub- clause iv; (c) "resident" means an individual, body corporate or trust that is not a non-resident. (2) For the purpose of clause d of subsection 1 of section 10, ^^^"^ a shareholder shall be deemed to be associated with another shareholder if, {a) one shareholder is a body corporate of which the other shareholder is an officer or director; {h) one shareholder is a partnership of which the other shareholder is a partner; (c) one shareholder is a body corporate that is controlled directly or indirectly by the other shareholder; {d) both shareholders are bodies corporate and one share- holder is controlled directly or indirectly by the same individual or body corporate that controls directly or indirectly the other shareholder; {e) both shareholders are members of a voting trust where the trust relates to shares of a body corporate ; or (/) both shareholders are associated within the meaning of clauses a to e with the same shareholder. 13. — (1) A venture investment corporation shall not ^fyj^t'^j^^gnts invest or maintain an investment in a small business if, {a) any of the shares of such small business are held by. (i) a major shareholder or an associate thereof of the venture investment corporation, 14 (ii) an officer or director or an associate thereof of a venture investment corporation or an officer or director or an associate thereof of a major shareholder of the venture investment corporation, or (iii) a voting trust where the trust relates to the shares of the venture investment corporation ; or Interpre- tation {b) such small business is a subsidiary, a holding body corporate or affiliated body corporate of the venture investment corporation. (2) In this section, a "major shareholder" means a person who holds 10 per cent or more of the voting rights attached to all equity shares of the venture investment corporation for the time being outstanding. Restriction on security 14. In making an eligible investment, no venture invest- ment corporation shall, at any time, require or accept, either directly or indirectly, the personal guarantee of any person or the giving of a charge, mortgage, hypothec, pledge or like secured interest in the assets of any individual. Restriction on Investment Interpre- tation 15. — (1) Except where a venture investment corporation is widely held, it shall not invest in a small business if the proceeds of that investment are used or are intended to be used, in whole or in part, to finance the purchase or sale of goods or services provided to such small business through any shareholder of the venture investment corporation or any associate or affiliated body corporate of such shareholder. (2) For the purposes of subsection 1, a widely held venture investment corporation is one having five or more shareholders, each holding not more than 20 per cent of the issued and outstanding equity shares of that corporation. Material change 16. — (1) In this section, a material change occurs if, but only if, the investment of a venture investment corporation ceases to be. Notification [a) a small business; or (b) an eligible investment. (2) A venture investment corporation shall notify, in the prescribed form, the Minister of any material change in any of its investments within thirty days of the occurrence thereof. 15 (3) Where there is a material change, the investment bv a Eligible ^ ' . . in- ,■ -1 1 • investment venture investment corporation shall remain an eligible invest- ment, notwithstanding any other provision of this Act, for a period of two years from the date of the material change. 17. — (1) No securities and no option or right to acquire ^®^^^^*|;°° securities of a small business or of a body corporate that etc., of S6C11I*1l16S has ceased to be a small business or an eligible investment shall be transferred or granted by a venture investment corporation without first granting to the holders of the equity shares of such small business or body corporate the right to acquire the whole or any part of such securities, option or right upon the same terms and conditions. (2) Only a holder of equity shares that is not a venture Proviso investment corporation may exercise the right to acquire securities, options or rights under subsection 1. 18. Where the Minister is of the opinion that the venture Avoidance investment corporation or its security holders are con- ducting their business and affairs primarily so as to avoid payment of taxes, in a manner that is contrary to the spirit and intent of this Act, the Minister may, subject to section 8, revoke the registration of the venture investment corporation. 1 9. No corporation registered under this Act shall offer ^g^^g^ its securities to the public unless such offering is exempt from the registration and prospectus requirements of The ^fge^- ^^''''• Securities Act. 20. Notwithstanding the provisions of section 167 of ^^pi^cation The Business Corporations Act, every venture investment R-s.o. 1970, corporation shall comply with the provisions of sections 168 and 169, subsections 1 to 4 of section 170 and section 171 and clause c of subsection 1 and subsection 3 of section 172 of that Act in each year. 2 1 . Within ninety days of the date to which it is made fnanciai up, a venture investment corporation shall file with the ^^^^^^^^'^'s Minister its financial statements and the auditor's report thereon. INFORMATION 22. — (1) Within ninety days after each anniversary of theRe*'i''°s date of its registration, every venture investment corporation shall make out, verify and file with the Minister, a return in the prescribed form setting out, as of its anniversary date, the information required by such return. 16 Change In authorized capital (2) Where shares of a class are donated to, redeemed, purchased, accepted or surrendered or converted by a venture investment corporation, the venture investment corporation shall, within thirty days of the date in which the donation, redemption, purchase, surrender or conversion is effected, file with the Minister a notice setting out. {a) the number of shares of the class donated, redeemed, purchased, surrendered or converted; {b) the number of shares of the class cancelled; (c) the number and class or classes of shares into which the shares were converted; and (d) the date on which the donation, redemption, pur- chase, surrender or conversion was effected. Enlargement (3) Xhe Minister may, in his discretion, enlarge the time Minister for filing any notice or return under this section. Record of moneys received 23. — (1) A venture investment corporation shall at all times maintain a record of all amounts of money or any other consideration received from any small business and shall indicate in such record the purpose for which the money or other consideration was received. be^flied^'° (2) Within thirty days after each anniversary of the date of its registration, every venture investment corporation shall file with the Minister a copy of the records maintained under subsection 1. Notice to Minister 24. — (1) Within thirty days of acquiring or selling an eligible investment, a venture investment corporation shall notify the Minister in the prescribed form of such acquisition or sale. Particulars (2) The Minister shall maintain a file in respect of each investments venture investment corporation in which there shall be recorded particulars of all eligible investments held by the venture investment corporation. disclosure of ('^) '^^^ Minister or any employee of the Ministry shall not information disclose information contained in a file or return under this section, or section 20, except where the disclosure is necessary 1972,0.143 for the administration or enforcement of this Act or The Corporations Tax Act, 1972, or where the disclosure is required by a court or the Tribunal for the purposes of an action, prosecution or proceeding. 17 (4) Upon the request of either the venture investment ofeu*ib^e^°°® corporation or the Minister of Revenue, where the informa- investments. tion is required for the administration or enforcement of The Corporations Tax Act, 1972, the Minister may issue to ^^'^^'^-^^^ such venture investment corporation or the Minister of Revenue, a certificate as to registration under this Act or as to particulars of ehgible investments held by such venture investment corporation during the period of time specified in the certificate. 25. — (1) Where this Act requires or authorizes the Minister certificates . ^ ' .- ^ ., r .- to be under to issue a certificate or to certify any fact, the certificate seal shall be issued under the seal of the Minister and shall be signed by him or by such officer of the Ministry as is designated by the Minister. (2) Any certificate purporting to be under the seal of the ^0^"^°**^^ Minister and signed by a person authorized by or under P""^/acJe subsection 1, or any certified copy, is receivable in evidence in any action, prosecution or other proceedings as prima facie proof of the facts so certified without proof of the seal or the signature or the official position of the person appear- ing to have signed the certificate. 26. — (1) The Minister may at any time by notice require J°^°^j™^**°° any venture investment corporation to file within the time ^j*}^g®j.gj, specified in the notice a return upon any subject connected with its affairs and relevant to the administration or enforce- ment of this Act. (2) The Minister or any employee of the Ministry shall ^^1™^^^^.^ ^j. not disclose information contained in a return made under subsection 1, except where the disclosure is necessary for the administration or enforcement of this Act or The Cor- porations Tax Act, 1972, or where the disclosure is required by a court or the Tribunal for the purposes of an action, prosecution or proceeding. 27. A venture investment corporation that enters into ^^^^^^t&' management agreement shall file with the Minister a copy of the agreement, together with any amendments thereto, within thirty days after the making of the agreement or amendment. OFFENCES 28. — (1) Every person who makes or assists in making aO^ence statement in any document required by or for the purposes of this Act or the regulations that, at the time and in the light of the circumstances under which it was made, is false 18 Exception Offence Saving Inspection or misleading in respect of any material fact or that omits to state any material fact the omission of which makes the statement false or misleading is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000 or if such person is a corporation to a fine of not more than $20,000. (2) No person is guilty of an offence under subsection 1 if he did not know that the statement was false or misleading and in the exercise of reasonable diligence could not have known that the statement was false or misleading. 29. — (1) Every person who, while employed in the adminis- tration of this Act, has communicated or allowed to be com- municated to a person not legally entitled thereto any infor- mation obtained under this Act, or has allowed any such person to inspect or to have access to any written statement furnished under this Act is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000. (2) Subsection 1 does not apply to the communication of information among the Ministry and the Ministry of Revenue and the Ministry of Treasury, Economics and Intergovern- mental Affairs. 30. The Minister or any person designated by him in writing may at all reasonable times enter into any premises or place where any business is carried on or any property is kept or any thing is done in connection with any business of a venture investment corporation or any books or records are or should be kept by the registrant pursuant to this Act and may make an inspection to ensure that the provisions of this Act and the regulations relating to registration and the maintenance of records are being complied with. ^°8pection ^^* — (^) Upon an inspection under section 30, the person inspecting, (a) is entitled to free access of all books of account, cash, documents, bank accounts, vouchers, cor- respondence and records of every description of the venture investment corporation being inspected; {b) may, upon giving a receipt therefor, remove any material referred to in clause a that relates to the purpose of the inspection for the purpose of making a copy thereof, providing that such copying is carried out with reasonable dispatch and the material in question is promptly thereafter returned to the per- son being inspected, 19 and no person shall obstruct the person inspecting or with- hold or destroy, conceal or refuse to furnish any information or thing required by the person inspecting for the purposes of the inspection. (2) Any copy made as provided in subsection 1 and purport- *^°py ing to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as being of actual proof of the original. (3) Every person who contravenes subsection 1 is guilty of offence an offence and on summary conviction is liable to a fine of not more than $2,000, or if such person is a corporation, to a fine of not more than $20,000. 32. Every corporation that has failed to deliver a return ofifence as and when required by this Act or the regulations is guilty of an offence and on summary conviction is liable to a fine of not less than $25 for each day of default. 33. The Minister may require any fact relevant to the^®<^*^* performance of his duties under this Act or the regulations to be verified by affidavit or otherwise. 34. The Lieutenant Governor in Council may make Reeruiations regulations, (a) requiring the payment of fees for any matter required to be done in the administration of this Act and prescribing the amounts thereof; (b) designating officers of the Ministry who may sign certificates for the purposes of section 26 ; (c) prescribing the particulars that the Minister shall maintain in the register of venture investment corporations ; {d) prescribing forms and providing for their use; (e) requiring any person to make information returns respecting any class of information required in assessing compliance with this Act ; (/) authorizing a designated officer or class of officers employed by the Government of Ontario to exercise powers or perform duties of the Minister under this Act; 20 {g) defining any word or expression used in this Act that has not already been expressly defined in this Act; {h) prescribing the manner in which any calculation under section 9 is to be made; {i) prescribing the manner and any conditions upon which a right of purchase may be exercised under section 17; (j) determining the method of calculation to be used in measuring the percentage of assets that a small business has situate in Ontario; Commence- ment Short title (k) prescribing any matter required by this Act to be prescribed by the regulations. 35. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. 36. The short title of this Act is The Venture Investment Corporations Registration Act, 1977. 3 £" a> 2. crq O < a> o H H w - o 2: a> c W2, a> o C/3 CI- 00 3 ■ O ^ p w 3 O o a 3 U> 3 £>^ 3 3 ^^ fD S. n> 5^ n> r5. OJ 0 >i to so >3 to >3 r-t- r^ (-1- ri r-f- r^ p' s> p* » cr S) h^ 1— k ^ »■ vO c^ vO 0 0*3 ^ -^ -vl -4 -4 ^ < 3 n > 3 n C-h i-t- 3 fD i-t w 1— ( TJ 3 (^ ■< 0 O! r+ C/1 r-t- 3 5" orq 3 (-1- 3^ CD n pd 0 fD ►1 °S X3 0 P P 0' 0" 3 3 BILL 10 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Tobacco Tax Act The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes Pursuant to the announcement in the Treasurer's Budget, this Bill increases the rates of tax on tobacco products. For cigarettes, the rate is increased by 5 cents on a package of 20 cigarettes. The new rate of tax is 19.2 cents for 20 cigarettes. The rate of tax on cigars is, on the average, doubled. For higher priced cigars, the new tax rate will be 2 cents for every 5 cents of the retail price of the cigar. The rate of tax on other tobacco products, such as pipe tobacco and line cut tobacco for rolling cigarettes, is approximately doubled and, to meet the approaching adoption by tobacco manufacturers of the metric system, is now to be based on grams of tobacco rather than ounces. The new tax rate for this class of tobacco is thirty-five one-hundredths of a cent on each gram of tobacco, which is roughly equivalent to 10 cents for each ounce. In addition, a number of other changes are made to the Act to provide the same administrative procedures with respect to assessments, appeals and collection of tax as are contained in the Province's other major revenue statutes. Section 1. — Subsection 1. Subsection 1 of section 2 of the Act now reads as follows : (/) Every consumer shall pay to Her Majesty in right of Ontario a tax computed as follows : [a) seventy-one one-hundredths of 1 cent on every cigarette pur- chased by him ; {b) 2.5 cents for every one-half of one ounce or part thereof of any tobacco, other than cigarettes or cigars, purchased by him; (c) / cent on every cigar purchased by him for a price at retail of not more than 7 cents ; (d) 2 cents on every cigar purchased by him for a price at retail of more than 7 cents but not more than 10 cents; (e) 3 cents on every cigar purchased by him for a price at retail of more than 10 cents but not more than 15 cents ; (J) 4 cents on every cigar purchased by him for a price at retail of more than 15 cents but not more than 20 cents, and thereafter an additional 1 cent for each additional 5 cents that the price at retail exceeds 20 cents. The re-enacted subsection contains the new rates of tax proposed by the Treasurer's Budget. Subsection 2. The subsection added provides that amounts that are paid in lieu of or on account of tax are to be dealt with, and may be collected, as though they were tax. BILL 10 1977 An Act to amend The Tobacco Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Subsection 1 of section 2 of The Tobacco Tax Act, being ^g^j^^^^g^j chapter 463 of the Revised Statutes of Ontario, 1970, as re-enacted by the Statutes of Ontario, 1972, chapter 16, section 1 and amended by the Statutes of Ontario, 1976, chapter 24, section 1, is repealed and the following substituted therefor: (1) Every consumer shall pay to Her Majesty in right of J^^g^^^j. Ontario a tax computed as follows: {a) ninety-six one-hundredths of 1 cent on every cigarette purchased by him; {b) thirty-five one-hundredths of 1 cent on every gram or part thereof of any tobacco, other than cigarettes or cigars, purchased by him; (c) 2 cents on every cigar purchased by him for a price at retail of not more than 7 cents; {d) 4 cents on every cigar purchased by him for a price at retail of more than 7 cents but not more than 10 cents; and {e) 6 cents on every cigar purchased by him for a price at retail of more than 10 cents but not more than 15 cents, and thereafter an additional 2 cents for each additional 5 cents that the price at retail of a cigar purchased by him exceeds 15 cents. (2) The said section 2 is amended by adding thereto the Ij^-^j^^g^ following subsection: Amounts in lieu of tax (4) Where any person selling tobacco receives any paj ment made as or in lieu of the tax payable under this Act, such payment shall be dealt with and accounted for as tax under this Act, and any person who fails to deal with and account for such payment in accordance with this Act and the regulations is liable to the same penalties and fines, and is guilty of the same offences, as would apply ij the payment were the tax payable under this Act, and the Minister may collect and receive such payment by the same remedies and procedures as are provided by this Act or the regulations for the collection and enforcement of the tax payable under this Act. 8.6(1), re-enacted 2. Subsection 1 of section 6 of the said Act is repealed anc the following substituted therefor: Sales of tobacco under R.S.0. 1970, 0.52 (1) No wholesale dealer shall dispose of his stock througl a sale in bulk as defined in The Bulk Sales Act without firs obtaining a certificate in duplicate from the Minister tha all taxes collectable or payable under this Act by sue! wholesale dealer have been paid or that such person ha entered into an arrangement satisfactory to the Minister fo the payment of such taxes or for securing their payment. s. 8 (2), amended 3. — (1) Subsection 2 of section 8 of the said Act is amended b^ striking out "and it shall bear interest at the rate pre scribed by the regulations from the day the amount wa; due until it is paid" in the eighth, ninth and tenth lines s. 8 (3) (a, 6), re-enacted (2) Clauses a and h of subsection 3 of the said section 8 as enacted by the Statutes of Ontario, 1976, chapter 24 section 2, are repealed and the following substitutec therefor : {a) $700; or {h) the aggregate of. J (i) 4 per cent of the tax collected by him such period and shown in a return that i made in accordance with this Act and th regulations and in which the tax shown ti have been so collected is $75 or more, |i ii) $3 for each return with respect to tax col lected by him in such period that is made i accordance with this Act and the regulation and in which the tax shown to have been s collected exceeds $3 and is less than $75, an Section 2. Subsection 1 of section 6 of the Act now reads as follows: (/) No wholesale dealer shall dispose of his stock through a sale in bulk as defined in The Bulk Sales Act without first obtaining a certificate in duplicate from the Minister that all taxes collectable or payable under this Act by such wholesale dealer have been paid. The subsection is enlarged to permit a bulk sale where the Minister issues a certificate that an arrangement has been entered into that secures the payment of tax. Section 3. — Subsection 1. Subsection 2 of section 8 of the Act now reads as follows : (2) // any person who has collected any tax imposed by this A ct fails to pay it over to the Treasurer at the time and in the manner prescribed by the regulations or by agreement made under the regulations, as the case may be, the amount thereof becomes a debt due to Her Majesty in right of Ontario and is a lien upon the property in Ontario of the person in default and, subject to the Bankruptcy Act [Canada], has priority over all other claims of other persons, and it shall bear interest at the rate prescribed by the regulations from the day the amount was due until it is paid. The amendment removes the provisions relating to the payment of interest and fixing the rate thereof. Those provisions will now appear in the new section 8f . Subsection 2. Subsection 3 of section 8 now reads as follows : (J) For each twelve-month period commencing on the 1st day of April and not earlier than the 1st day of April, 1976, there may be paid to each wholesale dealer designated a collector under this Act or the regulations the lesser of, [a] $500; or (b) the aggregate of, (i) 3 per cent of the tax collected by him in such period and shown in a return that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected is $67 or more, (ii) $2 for each return with respect to tax collected by him in such period that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected exceeds $2 and is less than $67 , and {Hi) the tax collected by him in such period and shown on a return that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected does not exceed $2, as compensation for his services in collecting and remitting the tax imposed by this Act, and such collector may deduct such compensation from the amount otherwise to be remitted to the Treasurer in accord- ance with this Act and the regulations. The amendments increase the compensation for a wholesale dealer who collects tax. The rate of compensation is increased from 3 to 4 per cent. The maximum compensation payable in any year is increased from $500 to $700. Section 4. This amendment adds nine new sections to the Act. The new section 8a provides, in subsections 1 and 2, for the making of returns to the Minister and for the verification of those returns. This provision is presently in the regulations under the Act. Subsection 3 provides for the payment of a penalty on assessment therefor for the late filing of a return. The penalty is 5 per cent of the tax covered by the return, but not less than $10 and not more than $500. Subsections 4 and 5 provide offences for the failure to file a return and for filing an incomplete return. The fine that may be imposed for such offence is $200. The new section Sb adds provisions enabling the Minister to assess the tax payable under the Act. These assessment provisions are similar to those in other revenue statutes, and will replace the limited provision for assessment now contained in the regulations under the Act. The new section 8c deals, in subsection 1, with interest on unpaid taxes, in subsection 2 with the application of payments first to discharge interest, and in subsection 3, the Minister is enabled to relieve against full payment of interest in special circumstances. The new section 8d provides a procedure, similar to other revenue statutes, to enable a person who has been assessed to object to the assessment, and requires the Minister to consider the objection and make a decision confirming or varying the assessment. The new section Se provides a procedure, similar to other revenue statutes, to enable a person assessed to appeal the assessment to the Supreme Court and to provide for the Minister to give a reply to bring the matter before the Court. The new section 10a provides, as in other revenue statutes, for actions by the Minister to recover or collect tax and for the issue of a warrant of execution having the same force and effect as a writ of execution to collect unpaid taxes. Subsection 2 allows proof by affidavit of certain evidentiary matters. Subsection 3 ensures that the remedies for tax collection and recovery provided in the Act may be exercised independently so that the use of one remedy will not bar the use of others. The new section 106 adds the garnishment procedures in other revenue statutes. Where a taxpayer who owes money to the Crown is, in turn, owed money by another person the new section provides a procedure by which the Minister can garnish the debt of that person to the taxpayer to discharge the taxpayer's obligation to the Crown. The new section 11a provides a penalty to be imposed on a collector who fails to collect the tax that, as agent of the Minister, he is required to collect under the Act and the regulations. The new section 116 provides that the officers of a corporation that commit an offence under the Act are guilty of that offence if they took part in authorizing the corporation to commit it. (iii) the tax collected by him in such period and shown on a return that is made in accord- ance with this Act and the regulations and in which the tax shown to have been so collected does not exceed $3, 4. The said Act is amended by adding thereto the following ^g^^a-se, sections: iia,'ii6,' enacted 8a. — (1) Every person designated a collector according to^^eturnsby the regulations shall, without notice or demand, deliver to the Minister, at the time and in the manner prescribed by the regulations, a return of tax, that he, as agent of the Minister, is responsible to collect, and shall, at the time and in the manner prescribed by the regulations, remit such tax with his return. (2) Every return shall be verified by a certificate of thei^®'" person designated a collector according to the regulations and, if such person is not an individual, of any one of its officers or servants or its resident manager or representative in Ontario, certifying that the financial and other statements of information included therein or attached thereto are in agreement with the books of such person and exhibit truly, correctly and completely all information for the period covered by the return. (3) Every person designated a collector according to the f^^^li^Jg^ regulations who files a return after the time prescribed by the regulations shall pay, when assessed therefor, a penalty of, {a) $10; or {b) 5 per cent of the tax payable by him and 5 per cent of the tax collectable by him, whichever is the greater, but in no case shall such penalty be more than $500. (4) Every person designated a collector according to the offence regulations who fails to file a return as required by this Act or the regulations is guilty of an offence and on summary conviction is liable to a fine of $200. (5) Every person designated a collector according to the i^em regulations who fails to complete the information required in the return to be delivered to the Minister under sub- section 1 is guilty of an offence and on summary conviction is liable to a fine of $200. Assessment Assessment on inspection Sb. — (1) The Minister may, at any time he considers reasonable, assess or reassess any tax that any person, as agent of the Minister, has collected and has failed to remit and any tax, interest or penalty, as the case may be payable by him for which he has not accounted. (2) Where it appears from an inspection, audit or exami' nation of the books of account, records or documents of any consumer or dealer that this Act or the regulations have not been complied with, the person making the inspection, audit or examination shall calculate the tax collectable or payable in such manner and form and by such procedure as the Minister considers adequate and expedient, and the Minister shall assess the amount of tax that any person as agent of the Minister has collected and has failed to remit and the amount of the tax, interest or penalty, as the case may be, payable by him for which he has not accounted. I Notice of Assessment (3) Where the Minister has made an assessment under subsection 1 or 2, he shall deliver a notice of assessment by personal service or shall send such notice of assessment by mail or registered mail to the person so assessed at his last known address, or where the person has more than one address, one of which is in Ontario, to his address in Ontario, and the amount of the assessment shall, subject to sub- section 4, be remitted to the Treasurer by the person sj) assessed within thirty days from the date of personal service or mailing of the notice of assessment. Idem Continuation of liability for tax (4) Where the Minister has made an assessment under subsection 1 or 2, the notice of assessment may provide that' the amount assessed is payable forthwith. § (5) Liability for tax imposed by this Act is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made. Minister not bound by returns (6) The Minister is not bound by a return or information delivered by or on behalf of any person under this Act and may, notwithstanding that any return or information has been delivered, assess the tax payable under this Act. Assessment valid and binding Idem (7) An assessment, subject to being varied or vacated on an objection or appeal and subject to a reassessment, shall be deemed to be valid and binding notwithstanding any error, defect or omission therein or in any proceeding under this Act relating thereto. ! (8) The amount of any assessment is payable within the' time required by the notice of assessment whether or not' H an objection or appeal from the assessment is made or taken. 8c.— (1) Any amount that is payable or to be remitted ^npam taxes to the Treasurer under this Act or the regulations, or that is interest payable as a penalty imposed under this Act otherwise than a penalty imposed as a result of a prosecution for an offence under this Act, bears interest at the rate prescribed by the regulations from the day on which the amount should have been paid or remitted to the day of payment. (2) Any payment to the Treasurer under this Act that is a*^i^d°flrst not a fine shall first be applied to any interest payable to interest by the person making a payment or on whose account payment is made. (3) Where, owing to special circumstances, it is considered Exemption inequitable that the whole amount of interest payable by payment of any person under this Act be paid, the Minister may exempt the person from any payment of the whole or any part of such interest. 8^. — (1) Where a person objects to an assessment n^^de No.tice, of under section Sb, he may, within ninety days from the day of mailing or delivery by personal service of the notice of assessment, serve on the Minister a notice of objection in duplicate in the form prescribed by the regulations setting out the reasons for the objection and all relevant facts. (2) A notice of objection under this section shall be®®'^*^® served by being sent by registered mail addressed to the Minister. (3) Upon receipt of a notice of objection, the Minister ^^gr°tion shall with all due dispatch reconsider the assessment and vacate, confirm or vary the assessment or reassess, and he shall thereupon notify the person who has made the objection of his action by registered mail. 8^. — (1) After the Minister has given the notification Appeal required by subsection 3 of section Sd, a person who has served notice of objection under section Sd may appeal to the Supreme Court to have the assessment vacated or varied or reassessed, but no appeal under this section shall be instituted after the expiration of ninety days from the day notice has been mailed to such person under subsection 3 of section 8^ and an appeal under this section shall not be made to the Divisional Court. (2) An appeal to the Supreme Court shall be instituted ^^ppeai.^how by serving on the Minister a notice of appeal in duplicate Service Content of notice of appeal Reply to notice of appeal Matter deemed action Disposition of appeal Idem Procedure in the form prescribed by the regulations and by fihng a copy thereof with the Registrar of the Supreme Court or with the local registrar of the Supreme Court for the county or district in which the person appealing resides or has his place of business. (3) A notice of appeal shall be served on the Minister by being sent by registered mail addressed to the Minister. (4) The person appealing shall set out in the notice of appeal a statement of the allegations of fact and the statutory provisions and reasons that he intends to submit in supporting his appeal. (5) After the service on him of a notice of appeal under this section, the Minister shall with all due dispatch serve on the person appealing and file in the Supreme Court where the notice of appeal was filed a reply to the notice of appeal admitting or denying the facts alleged and containing a statement of such further allegations of fact and of such statutory provisions and reasons as he intends to rely on. (6) Upon the filing of the material referred to in sub- section 5, the matter shall be deemed to be an action in the court. |, (7) The court may dispose of the appeal by, f {a) dismissing it; f (6) allowing it; or (c) allowing it, and (i) vacating the assessment, (ii) varying the assessment, (iii) restoring the original assessment, or * (iv) referring the assessment back to the Minister for reconsideration and reassessment. (8) The court may, in delivering judgment disposing of an appeal, order payment or refund of tax by the appellant or by the Treasurer, as the case may be, and may make such order as to costs as is considered proper. (9) The practice and procedure of the Supreme Court, including the right of appeal and the practice and procedure relating to appeals, apply to every matter that is deemed to be an action under subsection 6, and every judgment and order given or made in every such action may be en- forced in the same manner and by the like process as a judgment or order given or made in an action commenced in the court. (10) No assessment shall be vacated or varied on appeal ^'^'■^^'^^^""es by reason only of an irregularity, informality, omission or error on the part of any person in the observance of any directory provision of this Act. (11) The time within which a notice of objection under ^^*fj^|*°° subsection 1 of section 8^ or a notice of appeal under sub- section 1 of this section is to be served may be extended by the Minister if application for extension is made before expiration of the time for service of the notice of objection or notice of appeal, as the case may be. lOfl. — (1) Upon default of payment of an amount assessed ^^^^^^''y under section Sb, {a) the Minister may bring an action for recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and exe- cuted in and by the name of the Minister or his name of office and may be continued by his suc- cessor in office as if no change had occurred and shall be tried without a jury; and {b) the Minister may issue a warrant directed to the sheriff of any county or district in which any property of a person liable to make a payment or remittance under this Act is located or situate for the amount of the tax, interest and penalty or any of them owing by him, together with interest there- on from the date of the issue of the warrant and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court. (2) For the purpose of any proceeding taken under this be proved bV° Act, the facts necessary to establish compliance on the affidavit part of the Minister with this Act as well as the failure of any person, partnership, syndicate, trust or corporation to comply with the requirements of this Act shall, unless evidence to the contrary satisfactory to the court is adduced, 8 Remedies for recovery of tax Garnishment Idem Liability of debtor be sufficiently proved in any court of law by affidavit of the Minister or of any officer of the Ministry of Revenue. (3) The use of any of the remedies provided by this section does not bar or affect any of the other remedies therein provided, and the remedies provided by this Act for the recovery and enforcement of the payment of any tax imposed by this Act are in addition to any other remedies existing by law, and no action or other proceeding taken in any way prejudices, limits or affects any lien, charge or priority existing under this Act or at law in favour of Her Majesty in right of Ontario. 10b. — (1) When the Minister has knowledge or suspects that a person is or is about to become indebted or liable to make any payment to a person liable to make a payment or remittance under this Act, he may, by registered letter or by a letter served personally, require the first-named person to pay the moneys otherwise payable to the second- named person in whole or in part to the Treasurer on account of the liability under this Act. (2) The receipt of the Treasurer for moneys paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment. (3) Every person who has discharged any liability to a person liable to make a payment or remittance under this Act without complying with the requirements under this section is liable to pay to the Treasurer an amount equal to the liability discharged or the amount he was required under this section to pay to the Treasurer, whichever is the lesser. Service of garnishee Idem (4) Where a person who is or is about to become indebted or liable to make a payment to a person liable to make a payment or remittance under this Act carries on business under a name and style other than his own name, the registered or other letter under subsection 1 may be addressed to the name or style under which he carries on business and, in the case of personal service, shall be deemed to have been validly served if it has been left with an adult person employed at the place of business of the addressee. (5) Where persons who are or are about to become in- debted or liable to make a payment to a person liable to make a payment or remittance under this Act carry on business in partnership, the registered or other letter under subsection 1 may be addressed to the partnership name and, in the case of personal service, shall be deemed to have been Section 5. The new subsection 2 makes it an offence for a person who is buying tobacco for resale, and is therefore not a consumer, to buy tobacco from anyone who is not a collector under the Act and charged with the enforcement of the collection of tax as agent of the Minister. validly served if it has been served on one of the partners or left with an adult person employed at the place of business of the partnership. (6) Subject to The Wages Act, where the Minister has under Garnishment this section required an employer to pay to the Treasurer r.s.o. 1970, on account of an employee's liability under this Act moneys °'^^^ otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future payments by the employer to the employee in respect of remuneration until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipu- lated by the Minister in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has failed f**^"'"l to remit to the Treasurer the moneys as required under this section, the Minister may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 11a. Every dealer who has failed to collect tax that he is ftfifurg^o"'" responsible to collect under this Act or the regulations shall collect pay a penalty, when assessed therefor, equal to not more than twice the amount of tax that he failed to collect. 116. Any officer, director or agent of a corporation who ^^^JJ.y^yf°^ directed, authorized, assented to, acquiesced in or partici- corporations pated in the commission of any act that is an offence under this Act for which the corporation would be liable for prosecu- tion is guilty of an offence and on summary conviction is liable to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. 5. Section 13 of the said Act is amended by adding thereto the a^ln^ed following subsection : (2) Every person who purchases tobacco for resale from offence any person who is not designated a collector according to the regulations is guilty of an offence and on summary convic- tion is liable to a fine of not less than the amount of tax that would be exigible on the tobacco so purchased by him if such tobacco had been purchased by a consumer and not more than an amount equal to twice the amount of such tax so ascertained and is in addition liable to imprisonment for a term not exceeding six months. 8S. 15a, 15 &, enacted Over- payments 10 I 6. The said Act is further amended by adding thereto the follow- ing sections : 15a. — (1) Where a person has remitted to the Treasurer a greater amount of money for a period than was required by this Act to be remitted for that period, or a greater amount than was payable by the person, the Treasurer shall either refund the overpayment or, at the option of the Minister, apply the amount of the overpayment to liability of the person with respect to a previous or subsequent period, in which latter case the Minister shall notify the person of such action. Idem Idem Refunds S. 16 (1) (71), repealed 8.16, amended Minister may prescribe forms 7. (2) Where an amount in respect of an overpayment is refunded or applied on other liability, interest at such rate as is prescribed by the regulations shall be paid or applied thereon for the period commencing on the day the overpayment arose and ending with the day of refunding or application on other liability, unless the amount of interest so calculated is less than $5 in which event no interest need be paid or applied under this subsection. (3) Where by a decision of the Minister under section 8^ or by a decision of the court it is finally determined that the tax payable under this Act by a person is less than the amount assessed by the assessment to which objection was made or from which the appeal was taken and the decision makes it appear that there has been an overpayment of tax, the interest payable under subsection 2 on the overpayment shall be computed at the rate prescribed by the regulations. I5b. Any amount refunded under this Act in excess of the amount to which the person receiving the refund was entitled shall be deemed to be tax owing to the Treasurer, and the sections of this Act relating to the assessment (including objection and appeal therefrom) and collection of taxes apply mutatis mutandis to the said amount. (1) Clause n of subsection 1 of section 16 of the said Act is repealed. (2) The said section 16, as amended by the Statutes of Ontario, 1972, chapter 16, section 2 and 1976, chapter 24, section 3, is further amended by adding thereto the following subsection : (la) The Minister may make regulations prescribing any form required by this Act or the regulations or that, in his opinion, will assist in the administration of this Act, and prescribing how and by whom any form shall be completed and what information it shall contain. Section 6. The amendment adds two new sections. The new section 15fl provides that overpayments of tax are to be refunded or may be applied against other Uability to the Treasurer of the person who made the overpayment. Interest on such overpayments will be paid if the amount of interest is not less than $5. The new section I5b provides that where an excessive refund has been made, the overpayment by the Treasurer may be recovered by the Minister in the same way as tax under the Act may be recovered or collected. Section 7. The clause that is repealed by subsection 1 enabled the Lieutenant Governor in Council to prescribe forms for the purpose of the Act. This power is given to the Minister (subsection 2) which is in keeping with other revenue statutes. Section 8. This substantive section validates the increased tobacco tax levied and collected during the period between the 1st reading, at the last session of the Legislature, of Bill 45, an Act to amend The Tobacco Tax Act, and the day of the dissolution of the Legislature. This present Bill re-imposes the same increases in tax on tobacco products as were embodied in Bill 45. 11 8. The tax levied and collected under The Tobacco Tax Act in J*^ respect of purchases of tobacco made during the period from lawfuuy and including the 20th day of April, 1977 to and including the 29th day of April, 1977 that would have been lawfully levied and collected had subsection 1 of section 2 of The Tobacco Tax Act, as re-enacted by subsection 1 of section 1 of this Act, been in force during that period shall be deemed to have been lawfully levied and collected. 0. — (1) This Act, except subsection 2 of section 3, shall be commence- deemed to have come into force on the 28th day of June, 1977. (2) Subsection 2 of section 3 shall be deemed to have come wem into force on the 1st day of April, 1977. 10. The short title of this Act is The Tobacco Tax Amendment ^^°^^^^^^^ Act, 1977. CT) tJ3 ^ B 2 c O < ■ n o 3 M 5 <^ 2 o H O o p 3 <->■ S 1^ o o' J^ p 3 w o a o a Oo C\i >« S Si. 5^ >i ?0 ^ c^ s> » 5i. g- "S". s s' 0r«5 0^ 3 3 >^ <^ ^ H p (-•■ 8 o p 3 X 2 3 > a o BILL 10 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Tobacco Tax Act The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 10 1977 An Act to amend The Tobacco Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Subsection 1 of section 2 of The Tobacco Tax Act, being ^g^g^^^^^^^ chapter 463 of the Revised Statutes of Ontario, 1970, as re-enacted by the Statutes of Ontario, 1972, chapter 16, section 1 and amended by the Statutes of Ontario, 1976, chapter 24, section 1, is repealed and the following substituted therefor: consumer (1) Every consumer shall pay to Her Majesty in right oi'^^^°^ Ontario a tax computed as follows: {a) ninety-six one-hundredths of 1 cent on every cigarette purchased by him ; (6) thirty-five one-hundredths of 1 cent on every gram or part thereof of any tobacco, other than cigarettes or cigars, purchased by him; (c) 2 cents on every cigar purchased by him for a price at retail of not more than 7 cents; {d) 4 cents on every cigar purchased by him for a price at retail of more than 7 cents but not more than 10 cents; and {e) 6 cents on every cigar purchased by him for a price at retail of more than 10 cents but not more than 15 cents, and thereafter an additional 2 cents for each additional 5 cents that the price at retail of a cigar purchased by him exceeds 15 cents. (2) The said section 2 is amended by adding thereto the 1^^'^^^^^^ following subsection: Amounts in lieu of tax (4) Where any person selling tobacco receives any pay- ment made as or in lieu of the tax payable under this Act, such payment shall be dealt with and accounted for as tax under this Act, and any person who fails to deal with and account for such payment in accordance with this Act and the regulations is liable to the same penalties and fines, and is guilty of the same offences, as would apply if the payment were the tax payable under this Act, and the Minister may collect and receive such payment by the same remedies and procedures as are provided by this Act or the regulations for the collection and enforcement of the tax payable under this Act. 8.6(1), re-enacted 2. Subsection 1 of section 6 of the said Act is repealed and the following substituted therefor: Sales of tobacco under R.S.0. 1970, C.52 (1) No wholesale dealer shall dispose of his stock through a sale in bulk as defined in The Bulk Sales Act without first obtaining a certificate in duplicate from the Minister that all taxes collectable or payable under this Act by such wholesale dealer have been paid or that such person has entered into an arrangement satisfactory to the Minister for the payment of such taxes or for securing their payment. 8. 8 (2), amended 8. 8 (3) (a, b), re-enacted 3^ — (1) Subsection 2 of section 8 of the said Act is amended by striking out "and it shall bear interest at the rate pre- scribed by the regulations from the day the amount was due until it is paid" in the eighth, ninth and tenth lines. (2) Clauses a and h of subsection 3 of the said section 8, as enacted by the Statutes of Ontario, 1976, chapter 24, section 2, are repealed and the following substituted therefor : [a] $700; or (6) the aggregate of, (i) 4 per cent of the tax collected by him in such period and shown in a return that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected is $75 or more, (ii) $3 for each return with respect to tax col- lected by him in such period that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected exceeds $3 and is less than $75, and (hi) the tax collected by him in such period and shown on a return that is made in accord- ance with this Act and the regulations and in which the tax shown to have been so collected does not exceed $3, 4. The said Act is amended by adding thereto the following ^g^8a-8e, sections : iia,' life,' enacted Sa. — (1) Every person designated a collector according to^^'irnsby the regulations shall, without notice or demand, deliver to the Minister, at the time and in the manner prescribed by the regulations, a return of tax, that he, as agent of the Minister, is responsible to collect, and shall, at the time and in the manner prescribed by the regulations, remit such tax with his return. (2) Every return shall be verified by a certificate of the^^®™ person designated a collector according to the regulations and, if such person is not an individual, of any one of its officers or servants or its resident manager or representative in Ontario, certifying that the financial and other statements of information included therein or attached thereto are in agreement with the books of such person and exhibit truly, correctly and completely all information for the period covered by the return. (3) Every person designated a collector according to the p^e^ji^g"'^ regulations who files a return after the time prescribed by the regulations shall pay, when assessed therefor, a jDcnalty of, (a) $10; or (b) 5 per cent of the tax payable by him and 5 per cent of the tax collectable by him, whichever is the greater, but in no case shall such penalty be more than $500. (4) Every person designated a collector according to the oflfence regulations who fails to file a return as required by this Act or the regulations is guilty of an offence and on summary conviction is liable to a fine of $200. (5) Every person designated a collector according to the ^^^^ regulations who fails to complete the information required in the return to be delivered to the Minister under sub- section 1 is guilty of an offence and on summary conviction is liable to a fine of $200. Assessment Sb. — (1) The Minister may, at any time he considers reasonable, assess or reassess any tax that any person, as agent of the Minister, has collected and has failed to remit and any tax, interest or penalty, as the case may be, payable by him for which he has not accounted. Assessment on inspection Notice of Assessment Idem Continuation of liability for tax (2) Where it appears from an inspection, audit or exami- nation of the books of account, records or documents of any consumer or dealer that this Act or the regulations have not been complied with, the person making the inspection, audit or examination shall calculate the tax collectable or payable in such manner and form and by such procedure as the Minister considers adequate and expedient, and the Minister shall assess the amount of tax that any person as agent of the Minister has collected and has failed to remit and the amount of the tax, interest or penalty, as the case may be, payable by him for which he has not accounted. (3) Where the Minister has made an assessment under subsection 1 or 2, he shall deliver a notice of assessment by personal service or shall send such notice of assessment by mail or registered mail to the person so assessed at his last known address, or where the person has more than one address, one of which is in Ontario, to his address in Ontario, and the amount of the assessment shall, subject to sub- section 4, be remitted to the Treasurer by the person so assessed within thirty days from the date of personal service or mailing of the notice of assessment. (4) Where the Minister has made an assessment under subsection 1 or 2, the notice of assessment may provide that the amount assessed is payable forthwith. (5) Liability for tax imposed by this Act is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made. Minister not bound by returns Assessment valid and binding Idem (6) The Minister is not bound by a return or information delivered by or on behalf of any person under this Act and may, notwithstanding that any return or information has been delivered, assess the tax payable under this Act. (7) An assessment, subject to being varied or vacated on an objection or appeal and subject to a reassessment, shall be deemed to be valid and binding notwithstanding any error, defect or omission therein or in any proceeding under this Act relating thereto. (8) The amount of any assessment is payable within the time required by the notice of assessment whether or not an objection or appeal from the assessment is made or taken. 8c. — (1) Any amount that is payable or to be remitted ^n^^^d taxes to the Treasurer under this Act or the regulations, or that is interest payable as a penalty imposed under this Act otherwise than a penalty imposed as a result of a prosecution for an offence under this Act, bears interest at the rate prescribed by the regulations from the day on which the amount should have been paid or remitted to the day of payment. (2) Any payment to the Treasurer under this Act that is f^^iY^l^i not a fine shall first be applied to any interest payable to interest by the person making a payment or on whose account payment is made. (3) Where, owing to special circumstances, it is considered Exemption inequitable that the whole amount of interest payable by payment of any person under this Act be paid, the Minister may exempt the person from any payment of the whole or any part of such interest. 8^. — (1) Where a person objects to an assessment iriade noUm of under section Sb, he may, within ninety days from the day of mailing or delivery by personal service of the notice of assessment, serve on the Minister a notice of objection in duplicate in the form prescribed by the regulations setting out the reasons for the objection and all relevant facts. (2) A notice of objection under this section shall be^®'^i°^ served by being sent by registered mail addressed to the Minister. (3) Upon receipt of a notice of objection, the Minister |j;|e?ation shall with all due dispatch reconsider the assessment and vacate, confirm or vary the assessment or reassess, and he shall thereupon notify the person who has made the objection of his action by registered mail. 8^. — (1) After the Minister has given the notification Appeal required by subsection 3 of section 8^, a person who has served notice of objection under section 8^ may appeal to the Supreme Court to have the assessment vacated or varied or reassessed, but no appeal under this section shall be instituted after the expiration of ninety days from the day notice has been mailed to such person under subsection 3 of section Sd and an appeal under this section shall not be made to the Divisional Court. (2) An appeal to the Supreme Court shall be instituted App^^^^J^^^^ by serving on the Minister a notice of appeal in duplicate Service Content of notice of appeal Reply to notice of appeal Matter deemed action Disposition of appeal Idem Procedure in the form prescribed by the regulations and by fihng a copy thereof with the Registrar of the Supreme Court or with the local registrar of the Supreme Court for the county or district in which the person appealing resides or has his place of business. (3) A notice of appeal shall be served on the Minister by being sent by registered mail addressed to the Minister. (4) The person appealing shall set out in the notice of appeal a statement of the allegations of fact and the statutory provisions and reasons that he intends to submit in supporting his appeal. (5) After the service on him of a notice of appeal under this section, the Minister shall with all due dispatch serve on the person appealing and file in the Supreme Court where the notice of appeal was filed a reply to the notice of appeal admitting or denying the facts alleged and containing a statement of such further allegations of fact and of such statutory provisions and reasons as he intends to rely on. (6) Upon the filing of the material referred to in sub- section 5, the matter shall be deemed to be an action in the court. (7) The court may dispose of the appeal by, (a) dismissing it; {b) allowing it; or (c) allowing it, and (i) vacating the assessment, (ii) varying the assessment, (iii) restoring the original assessment, or (iv) referring the assessment back to the Minister for reconsideration and reassessment. (8) The court may, in delivering judgment disposing of an appeal, order payment or refund of tax by the appellant or by the Treasurer, as the case may be, and may make such order as to costs as is considered proper. (9) The practice and procedure of the Supreme Court, including the right of appeal and the practice and procedure relating to appeals, apply to every matter that is deemed to be an action under subsection 6, and every judgment and order given or made in every such action may be en- forced in the same manner and by the like process as a judgment or order given or made in an action commenced in the court. (10) No assessment shall be vacated or varied on appeaH'^'^^Kuiarities by reason only of an irregularity, informahty, omission or error on the part of any person in the observance of any directory provision of this Act. (11) The time within which a notice of objection under ^^*^j^|i°° subsection 1 of section 8d or a notice of appeal under sub- section 1 of this section is to be served may be extended by the Minister if application for extension is made before expiration of the time for service of the notice of objection or notice of appeal, as the case may be. 10a. — (1) Upon default of payment of an amount assessed ^®^o^^^y under section 86, {a) the Minister may bring an action for recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and exe- cuted in and by the name of the Minister or his name of office and may be continued by his suc- cessor in office as if no change had occurred and shall be tried without a jury; and (b) the Minister may issue a warrant directed to the sheriff of any county or district in which any property of a person liable to make a payment or remittance under this Act is located or situate for the amount of the tax, interest and penalty or any of them owing by him, together with interest there- on from the date of the issue of the warrant and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court. (2) For the purpose of any proceeding taken under this be proved bV° Act, the facts necessary to establish compliance on the affidavit part of the Minister with this Act as well as the failure of any person, partnership, syndicate, trust or corporation to comply with the requirements of this Act shall, unless evidence to the contrary satisfactory to the court is adduced, 8 Remedies for recovery of tax Garnishment Idem Liability of debtor be sufficiently proved in any court of law by affidavit of the Minister or of any officer of the Ministry of Revenue. (3) The use of any of the remedies provided by this section does not bar or affect any of the other remedies therein provided, and the remedies provided by this Act for the recovery and enforcement of the payment of any tax imposed by this Act are in addition to any other remedies existing by law, and no action or other proceeding taken in any way prejudices, limits or affects any lien, charge or priority existing under this Act or at law in favour of Her Majesty in right of Ontario. 10b. — (1) When the Minister has knowledge or suspects that a person is or is about to become indebted or liable to make any payment to a person liable to make a payment or remittance under this Act, he may, by registered letter or by a letter served personally, require the first-named person to pay the moneys otherwise payable to the second- named person in whole or in part to the Treasurer on account of the liability under this Act. (2) The receipt of the Treasurer for moneys paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment. (3) Every person who has discharged any liability to a person liable to make a payment or remittance under this Act without complying with the requirements under this section is liable to pay to the Treasurer an amount equal to the Hability discharged or the amount he was required under this section to pay to the Treasurer, whichever is the lesser. Service of garnishee Idem (4) Where a person who is or is about to become indebted or liable to make a payment to a person hable to make a payment or remittance under this Act carries on business under a name and style other than his own name, the registered or other letter under subsection 1 may be addressed to the name or style under which he carries on business and, in the case of personal service, shall be deemed to have been validly served if it has been left with an adult person employed at the place of business of the addressee. (5) Where persons who are or are about to become in- debted or liable to make a payment to a person liable to make a payment or remittance under this Act carry on business in partnership, the registered or other letter under subsection 1 may be addressed to the partnership name and, in the case of personal service, shall be deemed to have been validly served if it has been served on one of the partners or left with an adult person employed at the place of business of the partnership. (6) Subject to The Wages Act, where the Minister has under ^f^^a^^es"^"*^ this section required an employer to pay to the Treasurer r.s.o. 197o, on account of an employee's liability under this Act moneys ^'^^^ otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future payments by the employer to the employee in respect of remuneration until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipu- lated by the Minister in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has failed f^j.g'J^it to remit to the Treasurer the moneys as required under this section, the Minister may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. llfl. Every dealer who has failed to collect tax that he is ^^jfyre^o"'' responsible to collect under this Act or the regulations shall collect pay a penalty, when assessed therefor, equal to not more than twice the amount of tax that he failed to collect. \\h. Any officer, director or agent of a corporation who ^^^JJ.y^yf°^ directed, authorized, assented to, acquiesced in or partici- corporations pated in the commission of any act that is an offence under this Act for which the corporation would be liable for prosecu- tion is guilty of an offence and on summary conviction is hable to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. 5. Section 13 of the said Act is amended by adding thereto the a^e'iKied following subsection : (2) Every person who purchases tobacco for resale from offence any person who is not designated a collector according to the regulations is guilty of an offence and on summary convic- tion is liable to a fine of not less than the amount of tax that would be exigible on the tobacco so purchased by him if such tobacco had been purchased by a consumer and not more than an amount equal to twice the amount of such tax so ascertained and is in addition liable to imprisonment for a term not exceeding six months. 10 SB. 15a, 15b, enacted Over- payments 6. The said Act is further amended by adding thereto the follow- ing sections : 15a. — (1) Where a person has remitted to the Treasurer a greater amount of money for a period than was required by this Act to be remitted for that period, or a greater amount than was payable by the person, the Treasurer shall either refund the overpayment or, at the option of the Minister, apply the amount of the overpayment to liability of the person with respect to a previous or subsequent period, in which latter case the Minister shall notify the person of such action. Idem Idem Refunds s. 16 (1) (n), repealed s. 16, amended Minister may prescribe lorms (2) Where an amount in respect of an overpayment is refunded or applied on other liability, interest at such rate as is prescribed by the regulations shall be paid or applied thereon for the period commencing on the day the overpayment arose and ending with the day of refunding or application on other liability, unless the amount of interest so calculated is less than $5 in which event no interest need be paid or applied under this subsection. (3) Where by a decision of the Minister under section Sd or by a decision of the court it is finally determined that the tax payable under this Act by a person is less than the amount assessed by the assessment to which objection was made or from which the appeal was taken and the decision makes it appear that there has been an overpayment of tax, the interest payable under subsection 2 on the overpayment shall be computed at the rate prescribed by the regulations. 15b. Any amount refunded under this Act in excess of the amount to which the person receiving the refund was entitled shall be deemed to be tax owing to the Treasurer, and the sections of this Act relating to the assessment (including objection and appeal therefrom) and collection of taxes apply mutatis mutandis to the said amount. 7. — (1) Clause n of subsection 1 of section 16 of the said Act is repealed. (2) The said section 16, as amended by the Statutes of Ontario, 1972, chapter 16, section 2 and 1976, chapter 24, section 3, is further amended by adding thereto the^ following subsection : {la) The Minister may make regulations prescribing any form required by this Act or the regulations or that, in his opinion, will assist in the administration of this Act, and prescribing how and by whom any form shall be completed and what information it shall contain. I I 11 8. The tax levied and collected under The Tobacco Tax Act in T*^ ^ . ■ -, r deemed respect of purchases of tobacco made during the period from lawfully and including the 20th day of April, 1977 to and including the 29th day of April, 1977 that would have been lawfully levied and collected had subsection 1 of section 2 of The Tobacco Tax Act, as re-enacted by subsection 1 of section 1 of this Act, been in force during that period shall be deemed to have been lawfully levied and collected. 9. — (1) This Act, except subsection 2 of section 3, shall be commence- deemed to have come into force on the 28th day of June, 1977. (2) Subsection 2 of section 3 shall be deemed to have come Mem into force on the 1st day of April, 1977. 10. The short title of this Act is The Tobacco Tax Amendment ^^°^^^^^^^ Act, 1977. rt> o ST o K 3 ^.n ^ 0 P 3 § 2 0 0' ?^ 3 W 0 0 ffi 3 3 3 ^ 3 3 ^^ n (D ?i. fD Co CO 0 t« 0 >i to ?0 f-»- «l r^ Cl <-»■ c^ p' & ^ p' sr <^ ^s> . j ^ *j H 3" > 3 H 0 > cr r> p r+ 0 0 (-t- 0 0 H p P 3 X fD 3 > CL 0 BILL 11 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to provide Employment Opportunities for Youth in Ontario The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Note The Bill provides for the establishment of a Youth Employment Program that will encourage the farming and business communities to increase employment of youth in Ontario by creating youth summer job opportunities and that will provide young people with work experience and skills to better equip them for full-time participation in the labour market. The Bill enables the Lieutenant Governor in Council to establish a Youth Employment Program by regulation. Pursuant to such a Program, the Treasurer of Ontario may make employment grants to "eligible employers" who hire "eligible employees". All employers, other than federal, provincial or municipal governments or their agencies, boards and commissions will be eligible for employment grants if they have been actively engaged in business or farming in Ontario for at least one year immediately prior to the commencement of the Youth Employment Program. Eligible employees are those who are, {a) resident in Ontario; (b) eligible to work in Ontario ; (c) between the ages of fifteen and twenty-four years inclusive at the commencement of the Program ; and {d) not related to the employer. The Youth Employment Program established under the Bill will ensure that jobs created under the Program are in addition to those normally provided by the employer and will not result in the dismissal, lay-off or reduction in hours or period of work of any existing employees. The Program will be subject to both ongoing and post-audit checks. The Bill contains provision for inspection to ensure that grants are properly made under the Program. Penalties are also provided for persons who obtain grants on the basis of false information. BILL 11 1977 An Act to provide Employment Opportunities for Youth 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 («) "eligible employee" means a person who is resident and eligible to work in Ontario and who at the time of the commencement of the youth employment program has attained the age of fifteen years but has not attained the age of twenty-five years; {b) "eligible employer" means a person who has been actively engaged in business or farming in Ontario for at least one year immediately prior to the com- mencement of the youth employment program but does not include a municipality or local board thereof, the Government of Canada or the govern- ment of any province or any agency, board or com- mission thereof, or any person prescribed not to be eligible as an employer; (c) "employee" means an employee within the meaning of The Employment Standards Act, 1974; 1974, c. 112 {d) "employer" means an employer within the meaning of The Employment Standards Act, 1974; {e) "farming" includes tillage of the soil, the breeding, raising or grazing of live stock of all kinds, the raising of poultry and the production of poultry products, fur-farming, dairy farming, fruit growing, the growing of food for human consumption or for the feeding of live stock and the keeping of bees ; (/) "local board" means a local board as defined in The Municipal Affairs Act; ffi^-^^^' {g) "Minister" means the Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs or such other member of the Executive Council as is designated by the Lieutenant Governor in Council to administer this Act ; {h) "municipality" means a city, town, village, town- ship or improvement district and includes a metro- politan, regional or district municipality; (i) "prescribed" means prescribed by the regulations; {j) "regulations" means the regulations made under this Act. PuiDose of Act 2. The purpose of this Act is to provide for the establish- ment of a youth employment program that will encourage the farming and business communities in Ontario to achieve increased employment of youth in Ontario by creating new summer job opportunities and that will provide young people with work experience and skills that better equip them for full-time participation in the labour market. ma°^ma,ke ^* ^^^ Minister may make grants in the prescribed amount grants to eligible employers who hire eligible employees in accord- ance with the terms and conditions of the youth employment program established under this Act. Effect of program 4. — (1) The youth employment program established under this Act shall ensure. that employment created under the program is in addition to that normally provided by an employer and that it does not result in the dismissal, lay-off or reduction in regular hours or period of work of any existing employees of an employer ; and Interpre- tation {b) that employment is not provided under the program to an employee where the employer is a related person. (2) For the purposes of clause b of subsection 1, "related person" means, (i) any spouse, parent, son or daughter, brother or sister of the employee, (ii) any relative of the employee or of his spouse, other than a relative referred to in subclause i, who has the same home as the employee, or (iii) any body corporate of which the employee and any of the persons referred to in subclause i or ii or the par.tner or employer of the employee, either alone or in combination beneficially owns, directly or in- directly, equity shares carrying more than 50 per cent of the voting rights attached to all equity shares of a body corporate for the time being out- standing. 5. — (1) Every person who receives a grant or distribution Returns of money under this Act or the youth employment program shall, at such times and in such manner as may be prescribed, make a return to the Minister in such form as the Minister requires. (2) Every person who fails to make a return as and when offei^ce required by subsection 1 is guilty of an offence and on summary conviction is liable to a fine not exceeding $500. 6. The Minister, or any person designated by him in writing, inspection may at all reasonable times enter into any premises or place where any business is carried on or any property is kept, or any thing is done in connection with any business or any books or records are or should be kept pursuant to the pro- visions of this Act or the regulations to ensure that the provisions of this Act and the regulations are being complied with. 7. — (1) Upon an inspection under section 6, the Person Pj'g'^^o^ inspecting, {a) is entitled to free access to all books of account, cash, documents, bank accounts, vouchers, cor- respondence and records of every description of the person being inspected; and {b) may, upon giving a receipt therefor, remove any material referred to in clause a that relates to the purpose of the inspection for the purpose of making a copy thereof, providing 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 with- hold or destroy, conceal or refuse to furnish any information or other thing required by the person inspecting for the purposes of the inspection. (2) Any copy made as provided in subsection 1 and purport- Copies ing to be certified by the inspector is admissible in evidence Offence Non- disclosure in any action, proceeding or prosecution as being of actual proof of the original. (3) Every person who contravenes subsection 1 is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000, or if such person is a corporation, to a fine of not more than $10,000. (4) No person employed in the administration or enforce- ment of this Act shall disclose information obtained under this Act, except where the disclosure is necessary for the administration or enforcement of this Act or where the disclosure is required by a court for the purposes of an action, prosecution or proceeding. Offence Saving 8. — (1) Every person who makes or assists in making a statement in any document required by or for the purposes of this Act or the regulations that, at the time and in related circumstances under which it was made, is false or misleading in respect of any material fact or omits to state any material fact, the omission of which makes the statement false or misleading is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000, or if such person is a corporation, to a fine of not more than $10,000. (2) No person is guilty of an offence under subsection 1 if he did not know that the statement was false or misleading, and in the exercise of reasonable diligence could not have known that the statement was false or misleading. Recovery 9^ Where any person obtains a grant or disbursement made on of funds Under this Act or the regulations, on the basis of false ° information that is false or misleading or an application that application ^^Qj^^-^jj^g ^^^y f^jgg qj. misleading statement, the amount of such grant or disbursement together with interest thereon at the prescribed rate, shall be deemed to be a debt due to the Crown and may be recovered by an action in a court of competent jurisdiction. Regulations jq^ — (J) j\^q Lieutenant Governor in Council may make regulations estabhshing, amending or revoking a youth employment program and fixing the time of commencement and duration of the program, and, without restricting the generality of the foregoing, (a) prescribing the amounts of grants that may be made under the program to employers; (b) prescribing the terms and conditions upon which grants under the program may be made; {d u prescribing the manner in which ehgibihty for grants shall be determined; prescribing the manner and method by which grants under the program shall be made; prescribing the books and records to be kept by employers relating to employees in respect of whom grants under the program may be made; prescribing the information and returns to be filed by employers in connection with the program ; prescribing the rate of interest for the purposes of section 9; defining any word or expression used in this Act or the regulations that has not already been expressly defined in this Act ; prescribing any matter that is required or permitted by this Act to be prescribed by regulation ; prescribing forms and providing for their use and requiring any information given in a form to be verified by statutory declaration. (2) A regulation made under subsection 1 may be made ^®*^°b|"°'^ effective retroactively to a date not earlier than the 19th retroactive day of April, 1977. 11. Notwithstanding The Summary Convictions Act, pro- institution of . . proceedings ceedings to enforce any provision of this Act or the regulations r.s.o. 1970, may be instituted within two years after the time the subject- °-^^° matter of the proceedings arose. 12. The moneys required for the purposes of this Act Moneys shall, until the 31st day of March, 1978, be paid out of the Consolidated Revenue Fund and thereafter shall be paid out of the moneys appropriated therefor by the Legislature. 13. This Act shall be deemed to have come into force ^6^™^°°^" on the 19th day of April, 1977. 14. The short title of this Act is The Ontario Youth^^^"^^^^^^^ Employment Act, J 977. o to i-^ (/) a> pj o < 3 W 2 o w o ^3 >o- a? ^ !=;■ 3 "-1 ' ' ' o 3 5 <^ o' ^ 3 2 ^^ X t^o c s 3 ^^ s»- a> 05 IS. to ?0 Si 55- p' 5^ >s». <5: s h— k. s 0t5 vO c^ ^ •^ 3 o' 3 o o 3 BILL 11 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to provide Employment Opportunities for Youth in Ontario The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs {Reprinted as amended by the Committee of the Whole House) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Note The Bill provides for the establishment of a Youth Employment Program that will encourage the farming and business communities to increase employment of youth in Ontario by creating youth summer job opportunities and that will provide young people with work experience and skills to better equip them for full-time participation in the labour market. The Bill enables the Lieutenant Governor in Council to establish a Youth Employment Program by regulation. Pursuant to such a Program, the Treasurer of Ontario may make employment grants to "eligible employers" who hire "eligible employees". All employers, other than federal, provincial or municipal governments or their agencies, boards and commissions will be eligible for employment grants if they have been actively engaged in business or farming in Ontario for at least one year immediately prior to the commencement of the Youth Employment Program. Eligible employees are those who are, (a) resident in Ontario ; (b) eligible to work in Ontario; (c) between the ages of fifteen and twenty-four years inclusive at the commencement of the Program ; and (d) not related to the employer. The Youth Employment Program established under the Bill will ensure that jobs created under the Program are in addition to those normally provided by the employer and will not result in the dismissal, lay-off or reduction in hours or period of work of any existing employees. The Program will be subject to both ongoing and post-audit checks. The Bill contains provision for inspection to ensure that grants are properly made under the Program. Penalties are also provided for p>ersons who obtain grants on the basis of false information. BILL 11 1977 An Act to provide Employment Opportunities for Youth 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) "eligible employee" means a person who is resident and eligible to work in Ontario and who at the time of the commencement of the youth employment program has attained the age of fifteen years but has not attained the age of twenty-five years; {b) "eligible employer" means a person who has been actively engaged in business or farming in Ontario for at least one year immediately prior to the com- mencement of the youth employment program but does not include a municipality or local board thereof, the Government of Canada or the govern- ment of any province or any agency, board or com- mission thereof, or any person prescribed not to be eligible as an employer; (c) "employee" means an employee within the meaning of The Employment Standards Act, 1974; 1974, c. 112 {d) "employer" means an employer within the meaning of The Employment Standards Act, 1974; {e) "farming" includes tillage of the soil, the breeding, raising or grazing of live stock of all kinds, the raising of poultry and the production of poultry products, fur-farming, dairy farming, fruit growing, the growing of food for human consumption or for the feeding of live stock and the keeping of bees ; (/) "local board" means a local board as defined in The Municipal Affairs Act; R.S.0. 1970, c. 118 {g) "Minister" means the Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs or such other member of the Executive Council as is designated by the Lieutenant Governor in Council to administer this Act; {h) "municipality" means a city, town, village, town- ship or improvement district and includes a metro- politan, regional or district municipality; (i) "prescribed" means prescribed by the regulations; {j) "regulations" means the regulations made under this Act. Pu^ose 2. The purpose of this Act is to provide for the establish- ment of a youth employment program that will encourage the farming and business communities in Ontario to achieve increased employment of youth in Ontario by creating new summer job opportunities and that will provide young people with work experience and skills that better equip them for full-time participation in the labour market. Minister 3^ The Minister may make grants in the prescribed amount grants to eligible employers who hire eligible employees in accord- ance with the terms and conditions of the youth employment program established under this Act. Effect of program 4. — (1) The youth employment program established under this Act shall ensure, Interpre- tation (a) that employment created under the program is in addition to that normally provided by an employer and that it does not result in the dismissal, lay-off or reduction in regular hours or period of work of any existing employees of an employer; and {b) that employment is not provided under the program to an employee where the employer is a related person. (2) For the purposes of clause b of subsection 1, "related person" means, (i) any spouse, parent, son or daughter, brother or sister of the employee, (ii) any relative of the employee or of his spouse, other than a relative referred to in subclause i, who has the same home as the employee, or (iii) any body corporate of which the employee and any of the persons referred to in subclause i or ii or the partner or employer of the employee, either alone or in combination beneficially owns, directly or in- directly, equity shares carrying more than 50 per cent of the voting rights attached to all equity shares of a body corporate for the time being out- standing. 5. — (1) Every person who receives a grant of money under Returns the youth employment program established under this Act shall, at such times and in such manner as may be prescribed, make a return to the Minister in such form as the Minister requires. "^i^ (2) Every person who fails to make a return as and when offence required by subsection 1 is guilty of an offence and on summary conviction is liable to a fine not exceeding $500. 6. The Minister, or any person designated by him in writing, inspection may at all reasonable times enter into any premises or place where any business is carried on or any property is kept, or any thing is done in connection with any business or any books or records are or should be kept pursuant to the pro- visions of this Act or the regulations to ensure that the provisions of this Act and the regulations are being complied with. 7. — (1) Upon an inspection under section 6, the person Po^wers of inspecting, {a) is entitled to free access to all books of account, cash, documents, bank accounts, vouchers, cor- respondence and records of every description of the person being inspected; and {b) may, upon giving a receipt therefor, remove any material referred to in clause a that relates to the purpose of the inspection for the purpose of making a copy thereof, providing 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 with- hold or destroy, conceal or refuse to furnish any information or other thing required by the person inspecting for the purposes of the inspection. (2) Any copy made as provided in subsection 1 and purport- copies ing to be certified by the inspector is admissible in evidence Offence Non- disclosure in any action, proceeding or prosecution as being of actual proof of the original. (3) Every person who contravenes subsection 1 is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000, or if such person is a corporation, to a fine of not more than $10,000. (4) No person employed in the administration or enforce- ment of this Act shall disclose information obtained under section 6 or this section, except where the disclosure is neces- sary for the administration or enforcement of this Act or where the disclosure is required by a court for the purposes of an action, prosecution or proceeding. Offence Saving 8. — (1) Every person who makes or assists in making a statement in any document required by or for the purposes of this Act or the regulations that, at the time and in related circumstances under which it was made, is false or misleading in respect of any material fact or omits to state any material fact, the omission of which makes the statement false or misleading is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000, or if such person is a corporation, to a fine of not more than $10,000. (2) No person is guilty of an offence under subsection 1 if he did not know that the statement was false or misleading, and in the exercise of reasonable diligence could not have known that the statement was false or misleading. Recovery of grant made on basis of false application Regulations 9. Where any person obtains a grant or disbursement of funds under this Act or the regulations, on the basis of information that is false or misleading or an application that contains any false or misleading statement, the amount of such grant or disbursement together with interest thereon at the prescribed rate, shall be deemed to be a debt due to the Crown and may be recovered by an action in a court of competent jurisdiction. 10. — (1) The Lieutenant Governor in Council may make regulations establishing, amending or revoking a youth employment program and fixing the time of commencement and duration of the program, and, without restricting the generality of the foregoing, {a) prescribing the amounts of grants that may be made under the program to employers; (b) prescribing the terms and conditions upon which grants under the program may be made; u prescribing the manner in which ehgibihty for grants shall be determined; prescribing the manner and method by which grants under the program shall be made; prescribing the books and records to be kept by employers relating to employees in respect of whom grants under the program may be made; prescribing the information and returns to be filed by employers in connection with the program ; prescribing the rate of interest for the purposes of section 9; defining any word or expression used in this Act or the regulations that has not already been expressly defined in this Act; prescribing any matter that is required or permitted by this Act to be prescribed by regulation ; prescribing forms and providing for their use and requiring any information given in a form to be verified by statutory declaration. (2) A regulation made under subsection 1 may be made ^^'be""" effective retroactively to a date not earlier than the 19th retroactive day of April, 1977. 11. Notwithstanding The Summary Convictions Act, pro- institution of ,. r •• ri-A 1 1- proceedings ceedings to enforce any provision of this Act or the regulations r s.o. i970, may be instituted within two years after the time the subject- ^-^^^ matter of the proceedings arose. 12. The moneys required for the purposes of this Act ^°^^y^ shall, until the 31st day of March, 1978, be paid out of the Consolidated Revenue Fund and thereafter shall be paid out of the moneys appropriated therefor by the Legislature. 13. This Act shall be deemed to have come into force commence- ment on the 19th day of April, 1977. 14. The short title of this Act is The Ontario Yow^/i short title Employment Act, 1977. w> <^ o 5^ "-S Si VH. C/) S) o Si. ^•^ ro CO Si. t3: ^ S Co §^ CO «> a> c o < ^ n o >-l "-K SO ^3 a; ^ ^' 3 o P 3 (-»- P s 2 o o' ^ 3 w o c: o a ^ >< c^ 3 ^-« Si. ^ Si. rt> C/5 St Si. 4^ r-t- ro S) Si, to ft Si. ^. ts>. 5- 3 a o ;?" W Ob o •1 >< o BILL 11 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to provide Employment Opportunities for Youth in Ontario The Hon. W. D. McKeough Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 11 1977 An Act to provide Employment Opportunities for Youth 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) "eligible employee" means a person who is resident and eligible to work in Ontario and who at the time of the commencement of the youth employment program has attained the age of fifteen years but has not attained the age of twenty-five years ; (b) "eligible employer" means a person who has been actively engaged in business or farming in Ontario for at least one year immediately prior to the com- mencement of the youth employment program but does not include a municipality or local board thereof, the Government of Canada or the govern- ment of any province or any agency, board or com- mission thereof, or any person prescribed not to be eligible as an employer; (c) "employee" means an employee within the meaning of The Employment Standards Act, 1974; 1974, c. 112 {d) "employer" means an employer within the meaning of The Employment Standards Act, 1974; [e) "farming" includes tillage of the soil, the breeding, raising or grazing of live stock of all kinds, the raising of poultry and the production of poultry products, fur-farming, dairy farming, fruit growing, the growing of food for human consumption or for the feeding of live stock and the keeping of bees ; (/) "local board" means a local board as defined in c. 118 The Municipal Affairs A ct ; ^so- 1970, (g) "Minister" means the Treasurer of Ontario and Minister of Economics and Intergovernmental Affairs or sucfi other member of the Executive Council as is designated by the Lieutenant Governor in Council to administer this Act; {h) "municipahty" means a city, town, village, town- ship or improvement district and includes a metro- politan, regional or district municipahty; (i) "prescribed" means prescribed by the regulations; {j) "regulations" means the regulations made under this Act. Purpose of Act 2. The purpose of this Act is to provide for the establish- ment of a youth employment program that will encourage the farming and business communities in Ontario to achieve increased employment of youth in Ontario by creating new summer job opportunities and that will provide young people with work experience and skills that better equip them for full-time participation in the labour market. ma^^make ^* ^^^ Minister may make grants in the prescribed amount grants to eligible employers who hire eligible employees in accord- ance with the terms and conditions of the youth employment program established under this Act. Effect of program 4. — (1) The youth employment program established under this Act shall ensure, (a) that employment created under the program is in addition to that normally provided by an employer and that it does not result in the dismissal, lay-off or reduction in regular hours or period of work of any existing employees of an employer ; and Interpre- tation (b) that employment is not provided under the program to an employee where the employer is a related person. (2) For the purposes of clause b of subsection 1, "related person" means. (i) any spouse, parent, son or daughter, brother or sister of the employee. (ii) any relative of the employee or of his spouse, other than a relative referred to in subclause i, who has the same home as the employee, or (iii) any body corporate of which the employee and any of the persons referred to in subclause i or ii or the partner or employer of the employee, either alone or in combination beneficially owns, directly or in- directly, equity shares carrying more than 50 per cent of the voting rights attached to all equity shares of a body corporate for the time being out- standing. 5. — (1) Every person who receives a grant of money under Returns the youth employment program established under this Act shall, at such times and in such manner as may be prescribed, make a return to the Minister in such form as the Minister requires. (2) Every person who fails to make a return as and when offence required by subsection 1 is guilty of an offence and on summary conviction is liable to a fine not exceeding $500. 6. The Minister, or any person designated by him in writing, inspection may at all reasonable times enter into any premises or place where any business is carried on or any property is kept, or any thing is done in connection with any business or any books or records are or should be kept pursuant to the pro- visions of this Act or the regulations to ensure that the provisions of this Act and the regulations are being complied with. 7. — (1) Upon an inspection under section 6, the person p^^s^s of inspecting, {a) is entitled to free access to all books of account, cash, documents, bank accounts, vouchers, cor- respondence and records of every description of the person being inspected; and (b) may, upon giving a receipt therefor, remove any material referred to in clause a that relates to the purpose of the inspection for the purpose of making a copy thereof, providing 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 with- hold or destroy, conceal or refuse to furnish any information or other thing required by the person inspecting for the purposes of the inspection. (2) Any copy made as provided in subsection 1 and purport- Copies ing to be certified by the inspector is admissible in evidence Offence Non- disclosure in any action, proceeding or prosecution as being of actual proof of the original. (3) Every person who contravenes subsection 1 is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000, or if such person is a corporation, to a fine of not more than $10,000. (4) No person employed in the administration or enforce- ment of this Act shall disclose information obtained under section 6 or this section, except where the disclosure is neces- sary for the administration or enforcement of this Act or where the disclosure is required by a court for the purposes of an action, prosecution or proceeding. Offence Saving 8. — (1) Every person who makes or assists in making a statement in any document required by or for the purposes of this Act or the regulations that, at the time and in related circumstances under which it was made, is false or misleading in respect of any material fact or omits to state any material fact, the omission of which makes the statement false or misleading is guilty of an offence and on summary conviction is liable to a fine of not more than $2,000, or if such person is a corporation, to a fine of not more than $10,000. (2) No person is guilty of an offence under subsection 1 if he did not know that the statement was false or misleading, and in the exercise of reasonable diligence could not have known that the statement was false or misleading. Recovery of grant made on basis of false application Regulations 9. Where any person obtains a grant or disbursement of funds under this Act or the regulations, on the basis of information that is false or misleading or an application that contains any false or misleading statement, the amount of such grant or disbursement together with interest thereon at the prescribed rate, shall be deemed to be a debt due to the Crown and may be recovered by an action in a court of competent jurisdiction. 10. — (1) The Lieutenant Governor in Council may make regulations establishing, amending or revoking a youth employment program and fixing the time of commencement and duration of the program, and, without restricting the generality of the foregoing, (a) prescribing the amounts of grants that may be made under the program to employers; {b) prescribing the terms and conditions upon which grants under the program may be made; [d u prescribing the manner in which ehgibiUty for grants shall be determined; prescribing the manner and method by which grants under the program shall be made; prescribing the books and records to be kept by employers relating to employees in respect of whom grants under the program may be made; prescribing the information and returns to be filed by employers in connection with the program ; prescribing the rate of interest for the purposes of section 9; defining any word or expression used in this Act or the regulations that has not already been expressly defined in this Act; prescribing any matter that is required or permitted by this Act to be prescribed by regulation ; prescribing forms and providing for their use and requiring any information given in a form to be verified by statutory declaration. (2) A regulation made under subsection 1 may be made ^^^"be""" effective retroactively to a date not earlier than the 19th retroactive day of April, 1977. 11. Notwithstanding The Summary Convictions Act, pro- institution of ° .. fi-A I- proceedings ceedings to enforce any provision of this Act or the regulations r.s.o. 1970. may be instituted within two years after the time the subject- ^-^^ matter of the proceedings arose. 12. The moneys required for the purposes of this Act **°°®y^ shall, until the 31st day of March, 1978, be paid out of the Consolidated Revenue Fund and thereafter shall be paid out of the moneys appropriated therefor by the Legislature. 13. This Act shall be deemed to have come into force m°e™r^°°*' on the 19th day of April, 1977. 14. The short title of this Act is The Ontario Yow/A s^°^' ""« Employment Act, 1977. 3 "^ ^H s:^ 5 p p-t I ' a> fD c op o < p p C/5 CI, o P 3 P S 2 o o' ^ p w o c^ s^ ^ C 3 ^^ '^^ A. ^ t. fD On r-t- >i >i J:a p' p' Si p' I-* »s». 1— ' ^. »s>. vO .^ vO S I— ^ s *vj Otj ^ C^ o orq ^ -J ■^ ^ w 3 o' 3 2 > 5-0> a o C!" |-° o "-I O BILL 12 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act to amend The Retail Sales Tax Act The Hon. M. Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes In accordance with the Treasurer's Budget, this Bill, (a) extends the present exemption for thermal insulation materials to many other classes of energy conservation equipment ; (b) includes in the fair value of a canned soft drink the amount of the tax to be imposed by The Environmental Tax Act, 1977 so that retail sales tax will apply to the retail price of the canned soft drink plus the amount of the environmental tax ; (c) exempts from tax the price of admission to a place of amusement where the price of admission is $3 or less. Tax formerly applied when the price was more than $.75 and will now apply only where the price exceeds $3 ; {d) provides for exempting from tax disposable tangible personal property that is used in the provision of transient accommodation by the operators of hotels, motels, etc. ; [e) raises from $5 to $6 the exemption for the price of a prepared meal; (/) increases the amount of compensation payable to vendors who collect retail sales tax for the Crown. In additon, the Bill contains other amendments to clarify the provisions of the Act and to deal with taxes collected in trust for the Crown. Section 1. — Subsection 1. The provision added by the amendment will include the amount of tax under The Environmental Tax Act, 1977 as part of the purchase price of a canned soft drink (which is tangible personal property under The Retail Sales Tax Act) on which retail sales tax is levied. Subsection 2. The paragraph amended defines "place of amusement". The definition is amended to make it clear that a place of amusement includes an amusement park and other places of entertainment. Section 2. — Subsection 1. The amendment raises the exemption for prepared meals from $5.00 to |6.00. Subsection 2. The amendment provides that tax on the price of ad- mission is payable only when the price exceeds $3.00. The subsection that is replaced by the amendment now reads as follows : (4) Every purchaser of admission to a place of amusement shall pay to Her Majesty in right of Ontario a tax on the price of admission as follows : Price of A dmission Tax More than 75 cents and not more than 84 cents — 6 cents More than 84 cents and not more than 90 cents — 7 cents More than 90 cents and not more than 92 cents — 8 cents and where the price of admission is more than 92 cents, a tax at the rate of 10 per cent, calculated upon the price of admission. BILL 12 1977 An Act to amend The Retail Sales Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Paragraph 4 of section 1 of The Retail Sales Tax Act, l^^^l^^- being chapter 415 of the Revised Statutes of Ontario, 1970, as amended by the Statutes of Ontario, 1976, chapter 23, section 1, is further amended by adding thereto the following clause: {ha) the amount of the tax payable under The Environ-'^^'^'^- ■■■ mental Tax Act, 1977. (2) Paragraph 7 of the said section 1 is amended by inserting ^^^^l^l' after "means" in the first line "an amusement park or" and by inserting after "performance" in the sixth line "or entertainment". 2. — (1) Paragraph 2 of subsection 2 of section 2 of the said Act, re-inact^d^' as re-enacted by the Statutes of Ontario, 1976, chapter 23, section 2, is repealed and the following substituted therefor : 2. prepared meals sold at a price of over $6.00. (2) Subsection 4 of the said section 2 is repealed and the l-^_^^^^^^^ following substituted therefor: (4) Every purchaser of admission to a place or places of admission to amusement shall pay to Her Majesty in right of Ontario a a place of , -r c < A ri f amusement tax computed at the rate of 10 per cent of the price of admission where the price of admission exceeds $3.00. (3) Subsection 6 of the said section 2 is repealed and the rg^e^n^acted following substituted therefor: (6) Where the Minister considers it necessary or advisable, ^^^^^^-.^jj^j. he may determine the amount of any price of admission, or fair value s.4(l), amended the fair value of any tangible personal property or taxable service, for the purposes of taxation under this Act, and thereupon the price of admission, or fair value of such tangible personal property or taxable service, for such purpose shall be as so determined by him unless, in proceedings instituted by an appeal under section 20, it is established that the determination is unreasonable. 3.-(i; I Subsection 1 of section 4 of the said Act, as amended by the Statutes of Ontario, 1973, chapter 23, section 3, is further amended by striking out "as defined in The Bulk Sales Act" in the second line and inserting in Heu thereof "to which The Bulk Sales Act applies". s. 4 (2), amended s. 5 (1), par. 2, amended 8. 6 (1), par. 2a, amended 8. 5 (1), par. 246, re-enacted (2) Subsection 2 of the said section 4 is amended by striking out "as defined in The Bulk Sales Act" in the first and second lines and inserting in lieu thereof "to which The Bulk Sales Act applies". 4. — (1) Paragraph 2 of subsection 1 of section 5 of the said Act, as re-enacted by the Statutes of Ontario, 1973, chapter 23, section 4 and amended by 1976, chapter 23, section 3, is further amended by striking out "$5.00" in the second line and in the fourth line, as inserted by the amendment of 1976, and inserting in lieu thereof in each instance "$6.00". (2) Paragraph 2a of subsection 1 of the said section 5, as enacted by the Statutes of Ontario, 1973, chapter 23, section 4 and amended by 1976, chapter 23, section 3, is further amended by striking out "$5.00" in the sixth line, as inserted by the amendment of 1976, and inserting in lieu thereof "$6.00". (3) Paragraph 246 of subsection 1 of the said section 5, as enacted by the Statutes of Ontario, 1976, chapter 23, section 3, is repealed and the following substituted therefor : 246. materials or equipment that are used for the con- servation of energy and that are, (a) thermal insulation materials, as defined by the Minister, that are sold primarily to insulate buildings and that are not primarily for a use prescribed by the Minister to be excluded from the exemption conferred by this para graph, {b) heat pumps for use principally to provide heat in the heating system of a building, j Subsection 3. The subsection is re-enacted to make it clear that the Minister's authority to determine fair value applies to the price of admission and to the value of taxable services. The provision being replaced by the amendment referred only to property, and created some doubt as to how far the subsection extended. The replaced subsection now reads as follows : (6) Where the Minister deems it necessary or advisable, he may deter- mine the fair value of any such property for the purposes of taxation under this A ct, and thereupon the fair value of such property for such purpose shall be as so determined by him. Section 3. The amendments clarify that the certificate required by section 4 of the Act is necessary only when the sale in bulk is one to which The Bulk Sales Act applies. Under section 2 of The Bulk Sales Act, certain classes of sales are exempted from the application of this Act, although they are defined to be sales in bulk. These exempted sales will no longer require a certificate under section 4 of The Retail Sales Tax Act. Section 4. — Subsections 1 and 2. These amendments are consequen- tial on the increase from $5.00 to $6.00 in the exemption for prepared meals. Subsection 3. This amendment adds two paragraphs, lib and 24c, to the list of exemptions contained in subsection 1 of section 5 of the Act. The new paragraph 246 provides for the exemption of the classes of energy conservation equipment and material that are proposed by the Treasurer's Budget to be exempt from retail sales tax. Paragraph 246, prior to this amendment, exempted only thermal insulation materials for existing buildings. The amendment retains this exemption, but extends it to thermal insulation materials in all buildings, and includes many other energy conserving devices. The former paragraph 246 read ; 24b. thermal insulation materials, as defined by the Minister, that are purchased exclusively to insulate a building the construction of which has been completed and that is occupied permanently or seasonally for residential purposes if, with respect to such purchase, the person selling such materials is provided tenth either, (a) the completed exemption certificate for thermal insulation materials in the form prescribed by the Minister, and signed by the purchaser ; or (6) where the person acquiring such materials holds a valid permit under section 3, a single purchase exemption certificate or a blanket purchase exemption certificate issued in accordance with the regulations, but the exemption conferred by this paragraph does not apply to the purchase of such materials used to insulate any commercial or industrial building, any hotel, motel or lodge or similar establishment, or any new residential premises in the process of construction. The new paragraph 24c provides for the exemption of tangible personal property to be consumed in the provision of transient accommodation. Transient accommodation includes the rental of hotel rooms, motel rooms, etc., and, in general, lodging for periods of less than a month. As indicated in the Treasurer's Budget, the items to be exempted under this paragraph are items such as facial tissue, matches, soap and similar items provided by hotels and motels for the temporary convenience of those to whom accommo- dation is rented. The list of items exempt under this paragraph will be prescribed by regulation. Section 5. This section increases the amount of compensation payable to vendors who are responsible to collect the retail sales tax. Compensation is increased from 3 per cent a year to 4 per cent a year with a maximum of $700 in any year. The maximum compensation was formerly $500 in any year. In addition, the minimum compjensation for each return filed by a vendor is increased from $2 to $3 or the tax covered by the return if the return shows the tax to be less than $3. (c) heat recovery units or devices for extracting heat from exhaust air or waste water to recover energy, {d) solar cells to be used to produce directly from sunlight electricity to charge batteries, (e) solar furnaces, panels and tubes specially designed to collect and convert solar energy into heat for use in a solar heating system, (/) windmills and wind-powered generators that produce mechanical or electrical energy, and pumps and generators specially designed for use directly with such devices, {g) timer-controlled thermostats for heating sys- tems in buildings and automatic timer controls for electrical equipment, (h) wood-burning stoves and wood-burning fur- naces, or {i) wind deflectors for trucks; 24c. tangible personal property that is prescribed by the Minister for the purpose of this paragraph and that is purchased by a vendor to be consumed by him in the provision of transient accommodation. 5. Clauses a and b of subsection 1 of section 11 of the said Act,8^ii^iHa.^ft). as enacted by the Statutes of Ontario, 1975, chapter 9, section 5, are repealed and the following substituted therefor: (a) $700; or {b) the aggregate of, (i) 4 per cent of the tax collected by the vendor in such period and shown in a return that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected is $75 or more, (ii) $3 for each return with respect to tax collected by the vendor in such period that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected exceeds $3 and is less than $75, and (iii) the tax collected by the vendor in such period and shown on a return that is made in accord- ance with this Act and the regulations and in which the tax shown to have been so collected does not exceed $3, s. 18, amended Trust money in liquidation proceedings 6. Section 18 of the said Act, as amended by the Statutes of Ontario, 1975, chapter 9, section 7, is further amended by adding thereto the following subsections: (2) Where, by the order of a court or otherwise, any property of a vendor is lawfully taken from his control or possession for the purposes of liquidation in receivership proceedings, winding-up proceedings or for the purpose of a distribution to creditors pursuant to a general assignment made for the benefit of creditors, an amount equal to the amount of tax that was collected by the vendor and that by subsection 1 is deemed to be held in trust for Her Majesty in right of Ontario, shall, to the extent of the amount of tax that was collected by the vendor in the year immediately preceding the date when the vendor lost control or possession of his property and was not remitted to the Treasurer as required by subsection 1, be deemed to be separate from, and to form no part of, the estate or property in hquidation, whether or not that amount has in fact been kept separate and apart from the vendor's own property and in trust in accordance with subsection 1. Minister's certificate R.S.C. 1970, c.B-3 (3) Every person who, as assignee, liquidator, adminis- trator, receiver, receiver-manager, trustee or other like person, other than a trustee appointed under the Bankruptcy Ad (Canada), takes control or possession of the property of any vendor holding a valid and subsisting permit issued under section 3 shall, before distributing such property or the proceeds from the realization thereof under his control, obtain from the Minister a certificate that the tax collected by the vendor in the year immediately preceding the date when the vendor lost control or possession of his property and not remitted by the vendor as required by subsection 1 has been paid or that security therefor acceptable to the Minister has been given, and any assignee, liquidator, adminis- trator, receiver, receiver-manager, trustee or other like person, other than a trustee appointed under the Bankruptcy Act (Canada), who distributes any such property or the proceeds of the realization thereof without having obtained the certificate required by this subsection is personally liable to Her Majesty in right of Ontario for an amount equal to the amount of tax that was collected by the vendor in the Section 6. The amendment provides that, where a vendor who has collected tax that is trust money for the Crown goes into liquidation or receivership, the trust imposed by subsection 1 of section 18 of the Act for collected tax applies to an amount equal to the tax collected and not remitted in the year preceding the liquidation or receivership. A receiver or liquidator is required to obtain a certificate that tax collected in trust during the year is paid, and will be liable to the Crown for any loss sustained if the certificate is not obtained. The requirement to obtain the certificate applies only where the vendor has been issued a permit under section 3 of the Act, and there will be no liability if the tax collected in trust has been paid to the Crown. Section 7. The amendment adds a reference to assessments made under section 15a of the Act so that overpayments of tax finally deter- mined to be payable under an assessment pursuant to section 15a will be returned to the taxpayer with interest. Prior to the amendment, section 30 (2) of the Act had omitted a reference to assessments under section 15a, a section which was added to the Act in 1976, and this omission is now to be corrected and will be made retrospective to the date when section 15a of the Act came into force (April 7, 1976). Section 8. The amendment adds to the section allowing garnishment for unpaid taxes provisions that deal with the garnishment of wages and that allow an application to a judge when a garnishee has failed to honour the garnishment. The amendment with respect to the garnishment of wages limits such garnishments to the provisions of The Wages Act. year immediately preceding the date when the vendor lost control or possession of his property and not remitted to the Treasurer as required by subsection 1. 7 . Subsection 2 of section 30 of the said Act is amended bv ^- ^ ^^i- ^ • • r i,4 c, • 1 r 11- ,< * r- >, amended msertmg after 15 m the fourth Ime or 15a . 8. Section 31 of the said Act is amended by adding thereto thes-3i, , ,, . , ^. -^ ^ amended followmg subsections: (6) Subject to The Waees Act, where the Minister has Garnishment 1 , . . . , , 1 ^ of wages under this section required an employer to pay to the Treas- r.s.o. 1970, urer on account of an employee's liability under this Act"^"^^ moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future payments by the employer to the employee in respect of remuneration until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipulated by the Minister in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has F^j.^^'J^I,. failed to remit to the Treasurer the moneys as required under this section, the Minister may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 9. — (1) This Act, except section 1, subsections 1 and 2 of sec- ^o^^mence- tion 2, and sections 4, 5 and 7, comes into force on the day it receives Royal Assent. (2) Section 7 shall be deemed to have come into force on the i 2; M » r S 5^ a, ^ ^ » ^ » s> ?j- Si- 'Si. 5S>. r^ s 0^ oq to 5* » H ET (T> > 3 > 0 C/) rt- £L 0 p H 3 p 3 X a > 0 BILL 12 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Retail Sales Tax Act The Hon. Margaret Scrivener Minister of Revenue {Reprinted as amended by the Committee of the Whole House) TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes In accordance with the Treasurer's Budget, this Bill, (a) extends the present exemption for thermal insulation materials to many other classes of energy conservation equipment ; (b) exempts from tax the price of admission to a place of amusement where the price of admission is $3 or less. Tax formerly applied when the price was more than $.75 and will now apply only where the price exceeds $3 ; (c) provides for exempting from tax disposable tangible personal property that is used in the provision of transient accommodation by the operators of hotels, motels, etc. ; (d) raises from $5 to $6 the exemption for the price of a prepared meal; (e) increases the amount of compensation payable to vendors who collect retail sales tax for the Crown. In additon, the Bill contains other amendments to clarify the provisions of the Act and to deal with taxes collected in trust for the Crown. Section 1. The paragraph amended defines "place of amusement". The definition is amended to make it clear that a place of amusement includes an amusement park and other places of entertainment. Section 2. — Subsection 1. The amendment raises the exemption for prepared meals from $5.00 to $6.00. Subsection 2. The amendment provides that tax on the price of ad- mission is payable only when the price exceeds $3.00. The subsection that is replaced by the amendment now reads as follows : (4) Every purchaser of admission to a place of amusement shall pay to Her Majesty in right of Ontario a tax on the price of admission as follows : Price of Admission Tax More than 75 cents and not more than 84 cents — 6 cents More than 84 cents and not more than 90 cents — 7 cents More than 90 cents and not more than 92 cents — 8 cents and where the price of admission is more than 92 cents, a tax at the rate of 10 per cent, calculated upon the price of admission. BILL 12 1977 An Act to amend The Retail Sales Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. Paragraph 7 of section 1 of The Retail Sales Tax Act, being Ij^-gP^^gJ- chapter 415 of the Revised Statutes of Ontario, 1970, is amended by inserting after "means" in the first hne "an amusement park or" and by inserting after "performance" in the sixth line "or entertainment". "^PB 2. — (1) Paragraph 2 of subsection 2 of section 2 of the said Act, ^^2^(2xpar.2. as re-enacted by the Statutes of Ontario, 1976, chapter 23, section 2, is repealed and the following substituted therefor : 2. prepared meals sold at a price of over $6.00. (2) Subsection 4 of the said section 2 is repealed and the re?enacted following substituted therefor: (4) Every purchaser of admission to a place or places of admfs^ion to amusement shall pay to Her Majesty in right of Ontario a* place of tax computed at the rate of 10 per cent of the price of admission where the price of admission exceeds $3.00. (3) Subsection 6 of the said section 2 is repealed and the rg-in^acted following substituted therefor: (6) Where the Minister considers it necessary or advisable, 1^^^®^^^^^^^^ he may determine the amount of any price of admission, or fair value the fair value of any tangible personal property or taxable service, for the purposes of taxation under this Act, and thereupon the price of admission, or fair value of such tangible personal property or taxable service, for such purpose shall be as so determined by him unless, in proceedings instituted by an appeal under section 20, it is established that the determination is unreasonable. s.4(l), amended 3. s. 4 (2), amended s. 5 (1), par. 2, amended (1) Subsection 1 of section 4 of the said Act, as amended by the Statutes of Ontario, 1973, chapter 23, section 3 is further amended by striking out "as defined in Tht Bulk Sales Act" in the second hne and inserting in heu thereof "to which The Bulk Sales Ad appUes". (2) Subsection 2 of the said section 4 is amended by striking out "as defined in The Bulk Sales Act" in the first and second hues and inserting in heu thereof "to 4. s. 5 (1), par. 2a, amended which The Bulk Sales Act apphes". i (1) Paragraph 2 of subsection 1 of section 5 of the said Act, as re-enacted by the Statutes of Ontario, 1973, chapter 23, section 4 and amended by 1976, chapter 23, section 3, is further amended by striking out "$5.00" in the second hne and in the fourth hne, as inserted by the amendment of 1976, and inserting in lieu thereof in each instance "$6.00". (2) Paragraph 2a of subsection 1 of the said section 5, as enacted by the Statutes of Ontario, 1973, chapter 23, section 4 and amended by 1976, chapter 23, section 3, is further amended by striking out "$5.00" in the sixth Hne, as inserted by the amendment of 1976, and inserting in heu thereof "$6.00". s. 5 (1), par. 246, re-enacted (3) Paragraph 246 of subsection 1 of the said section 5, as enacted by the Statutes of Ontario, 1976, chapter 23, section 3, is repealed and the following substituted therefor : 246. materials or equipment that are used for the con- servation of energy and that are, I {a) thermal insulation materials, as defined by the Minister, that are sold primarily to insulate buildings and that are not primarily for a use prescribed by the Minister to be excluded from the exemption conferred by this para- graph, (6) heat pumps for use principally to provide heat in the heating system of a building. (c) heat recovery units or devices for extracting heat from exhaust air or waste water to recover energy, i {d) solar cells to be used to produce directly fromj sunlight electricity to charge batteries, ! Subsection 3. The subsection is re-enacted to make it clear that the Minister's authority to determine fair value applies to the price of admission and to the value of taxable services. The provision being replaced by the amendment referred only to property, and created some doubt as to how far the subsection extended. The replaced subsection now reads as follows : (6) Where the Minister deems it necessary or advisable, he may deter- mine the fair value of any such property for the purposes of taxation under this Act, and thereupon the fair value of such property for such purpose shall be as so determined by him. Section 3. The amendments clarify that the certificate required by section 4 of the Act is necessary only when the sale in bulk is one to which The Bulk Sales Act applies. Under section 2 of The Bulk Sales Act, certain classes of sales are exempted from the application of this Act, although they are defined to be sales in bulk. These exempted sales will no longer require a certificate under section 4 of The Retail Sales Tax Act. Section 4. — Subsections 1 and 2. These amendments are consequen- tial on the increase from $5.00 to $6.00 in the exemption for prepared meals. Subsection 3. This amendment adds two paragraphs, 246 and 24c, to the list of exemptions contained in subsection 1 of section 5 of the Act. The new paragraph 246 provides for the exemption of the classes of energy conservation equipment and material that are proposed by the Treasurer's Budget to be exempt from retail sales tax. Paragraph 246, prior to this amendment, exempted only thermal insulation materials for existing buildings. The amendment retains this exemption, but extends it to thermal insulation materials in all buildings, and includes many other energy conserving devices. The former paragraph 246 read : 24b. thermal insulation materials, as defined by the Minister, that are purchased exclusively to insulate a building the construction of which has been completed and that is occupied permanently or seasonally for residential purposes if, with respect to such purchase, the person selling such materials is provided with either, (a) the completed exemption certificate for thermal insulation materials in the form prescribed by the Minister, and signed by the purchaser ; or (6) where the person acquiring such materials holds a valid permit under section 3, a single purchase exemption certificate or a blanket purchase exemption certificate issued in accordance with the regulations, but the exemption conferred by this paragraph does not apply to the purchase of such materials used to insulate any commercial or industrial building, any hotel, motel or lodge or similar establishment, or any new residential premises in the process of construction. The new paragraph 24c provides for the exemption of tangible personal property to be consumed in the provision of transient accommodation. Transient accommodation includes the rental of hotel rooms, motel rooms, etc., and, in general, lodging for periods of less than a month. As indicated in the Treasurer's Budget, the items to be exempted under this paragraph are items such as facial tissue, matches, soap and similar items provided by hotels and motels for the temporary convenience of those to whom accommo- dation is rented. The list of items exempt under this paragraph will be prescribed by regulation. Section 5. This section increases the amount of compensation payable to vendors who are responsible to collect the retail sales tax. Compensation is increased from 3 per cent a year to 4 per cent a year with a maximum of $700 in any year. The maximum compensation was formerly $500 in any year. In addition, the minimum comjjensation for each return filed by a vendor is increased from $2 to $3 or the tax covered by the return if the return shows the tax to be less than $3. {e) solar furnaces, panels and tubes specially designed to collect and convert solar energy into heat for use in a solar heating system, (/) windmills and wind-powered generators that produce mechanical or electrical energy, and pumps and generators specially designed for use directly with such devices, (g) timer-controlled thermostats for heating sys- tems in buildings and automatic timer controls for electrical equipment, (h) wood-burning stoves and wood-burning fur- naces, or {i) wind deflectors for trucks; 24c. tangible personal property that is prescribed by the Minister for the purpose of this paragraph and that is purchased by a vendor to be consumed by him in the provision of transient accommodation. 5. Clauses a and b of subsection 1 of section 11 of the said ^ct,^-^\l^^J^^^^' as enacted by the Statutes of Ontario, 1975, chapter 9, section 5, are repealed and the following substituted therefor: (a) $700; or {b) the aggregate of, (i) 4 per cent of the tax collected by the vendor in such period and shown in a return that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected is $75 or more, (ii) $3 for each return with respect to tax collected by the vendor in such period that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected exceeds $3 and is less than $75, and (iii) the tax collected by the vendor in such period and shown on a return that is made in accord- ance with this Act and the regulations and in which the tax shown to have been so collected does not exceed $3, s. 18, amended Trust money in liquidation proceedings Minister's certificate R.S.C. 1970, c. B-3 s. 30 (2). amended S.31, amended e. Section 18 of the said Act, as amended by the Statutes of Ontario, 1975, chapter 9, section 7, is further amended by adding thereto the following subsections: (2) Where, by the order of a court or otherwise, any property of a vendor is lawfully taken from his control or possession for the purposes of liquidation in receivership proceedings, winding-up proceedings or for the purpose of a distribution to creditors pursuant to a general assignment made for the benefit of creditors, an amount equal to the amount of tax that was collected by the vendor and that by subsection 1 is deemed to be held in trust for Her Majesty in right of Ontario, shall, to the extent of the amount of tax that was collected by the vendor in the year immediately preceding the date when the vendor lost control or possession of his property and was not remitted to the Treasurer as required by subsection 1, be deemed to be separate from, and to form no part of, the estate or property in liquidation, whether or not that amount has in fact been kept separate and apart from the vendor's own property and in trust in accordance with subsection 1. (3) Every person who, as assignee, liquidator, adminis- trator, receiver, receiver-manager, trustee or other like person^ other than a trustee appointed under the Bankruptcy Ac\ (Canada), takes control or possession of the property of anj vendor holding a valid and subsisting permit issued undei section 3 shall, before distributing such property or th< proceeds from the realization thereof under his control obtain from the Minister a certificate that the tax collectec^ by the vendor in the year immediately preceding the date when the vendor lost control or possession of his propertj and not remitted by the vendor as required by subsection has been paid or that security therefor acceptable to th( Minister has been given, and any assignee, Uquidator, adminis- trator, receiver, receiver-manager, trustee or other Hkc person, other than a trustee appointed under the Bankruptcy Act (Canada), who distributes any such property or the proceeds of the realization thereof without having obtained the certificate required by this subsection is personally liable to Her Majesty in right of Ontario for an amount equal to the amount of tax that was collected by the vendor in the year immediately preceding the date when the vendor lost control or possession of his property and not remitted to the Treasurer as required by subsection 1. 7. Subsection 2 of section 30 of the said Act is amended by inserting after "15" in the fourth line "or 15a". 8. Section 31 of the said Act is amended by adding thereto the following subsections: Section 6. The amendment provides that, where a vendor who has collected tax that is trust money for the Crown goes into liquidation or receivership, the trust imposed by subsection 1 of section 18 of the Act for collected tax applies to an amount equal to the tax collected and not remitted in the year preceding the liquidation or receivership. A receiver or Hquidator is required to obtain a certificate that tax collected in trust during the year is paid, and will be liable to the Crown for any loss sustained if the certificate is not obtained. The requirement to obtain the certificate applies only where the vendor has been issued a permit under section 3 of the Act, and there will be no liability if the tax collected in trust has been paid to the Crown. Section 7. The amendment adds a reference to assessments made under section 15a of the Act so that overpayments of tax finally deter- mined to be payable under an assessment pursuant to section 15a will be returned to the taxpayer with interest. Prior to the amendment, section 30 (2) of the Act had omitted a reference to assessments under section 15a, a section which was added to the Act in 1976, and this omission is now to be corrected and will be made retrospective to the date when section 15a of the Act came into force (April 7, 1976). Section 8. The amendment adds to the section allowing garnishment for unpaid taxes provisions that deal with the garnishment of wages and that allow an application to a judge when a garnishee has failed to honour the garnishment. The amendment with respect to the garnishment of wages limits such garnishments to the provisions of The Wages Act. (6) Subject to The Wages Act, where the Minister has c^amisiiment under this section required an employer to pay to the Treas- r.s.o. 1970, urer on account of an employee's liability under this Act°'*^® moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future payments by the employer to the employee in respect of remuneration until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipulated by the Minister in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has f**^"""?^ failed to remit to the Treasurer the moneys as required under this section, the Minister may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 9. — (1) This Act, except section 1, subsections 1 and 2 of sec- ^o^^^ence- tion 2, and sections 4, 5 and 7, comes into force on the day it receives Royal Assent. (2) Section 7 shall be deemed to have come into force on the wem 7th day of April, 1976. (3) Section 5 shall be deemed to have come into force on ^^^"^ the 1st day of April, 1977. (4) Section 1 , subsections 1 and 2 of section 2 and section 4 wem shall be deemed to have come into force on the 20th day of April, 1977. -^1 10. The short title of this Act is The Retail Sales Tax Amendment short title Act, 1977. ?x. ?; a ^ ^ o S C/5 §^ <^ Oi ri H a w X So > o > w H o 2 w tz: w w Ui c ^o Si. "< 1 ^ en >i 04 » cr Si Si. Si- . t— ' «?*. rS o s 0^5 ^ 0^5 3 a> ro s> Si, H 3- a> (I > s > o (-»- CO r-h P, o C/2 P H 3 ft) p 3 X a BILL 12 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act to amend The Retail Sales Tax Act The Hon. Margaret Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 12 1977 An Act to amend The Retail Sales Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1 . Paragraph 7 of section 1 of The Retail Sales Tax Act, being amended' chapter 415 of the Revised Statutes of Ontario, 1970, is amended by inserting after "means" in the first line "an amusement park or" and by inserting after "performance" in the sixth line "or entertainment". 2. — (1) Paragraph 2 of subsection 2 of section 2 of the said Act, ^g2^(2Xp^a^2, as re-enacted by the Statutes of Ontario, 1976, chapter 23, section 2, is repealed and the following substituted therefor : 2. prepared meals sold at a price of over $6.00. (2) Subsection 4 of the said section 2 is repealed and the s- 2 (4). ',,. . 1 t r re-enacted lollowmg substituted therefor: (4) Every purchaser of admission to a place or places of J^mfssionto amusement shall pay to Her Mai est v in right of Ontario a » place of tax computed at the rate of 10 per cent of the price of admission where the price of admission exceeds $3.00. (3) Subsection 6 of the said section 2 is repealed and the re-in^acted following substituted therefor: (6) Where the Minister considers it necessary or advisable, ^^^^^^j^jj^^ he may determine the amount of any price of admission, or fair value the fair value of any tangible personal property or taxable service, for the purposes of taxation under this Act, and thereupon the price of admission, or fair value of such tangible personal property or taxable service, for such purpose shall be as so determined by him unless, in proceedings instituted by an appeal under section 20, it is established that the determination is unreasonable. 8. 4 (1), amended s. 4 (2), amended s. 5 (1), par. amended 8. 5 (1), par. 2a, amended 3. — (1) Subsection 1 of section 4 of the said Act, as amended by the Statutes of Ontario, 1973, chapter 23, section 3, is further amended by striking out "as defined in The Bulk Sales Act" in the second hne and inserting in lieu thereof "to which The Bulk Sales Act appHes". (2) Subsection 2 of the said section 4 is amended by striking out "as defined in The Bulk Sales Act" in the first and second hues and inserting in heu thereof "to which The Bulk Sales Act apphes". 4. — (1) Paragraph 2 of subsection 1 of section 5 of the said Act, as re-enacted by the Statutes of Ontario, 1973, chapter 23, section 4 and amended by 1976, chapter 23, section 3, is further amended by striking out "$5.00" in the second line and in the fourth line, as inserted by the amendment of 1976, and inserting in Heu thereof in each instance "$6.00". (2) Paragraph 2a of subsection 1 of the said section 5, as enacted by the Statutes of Ontario, 1973, chapter 23, section 4 and amended by 1976, chapter 23, section 3, is further amended by striking out "$5.00" in the sixth line, as inserted by the amendment of 1976, and inserting in lieu thereof "$6.00". 8. 5 (1), par. 246, re-enacted (3) Paragraph 246 of subsection 1 of the said section 5, as enacted by the Statutes of Ontario, 1976, chapter 23, section 3, is repealed and the following substituted therefor : 246. materials or equipment that are used for the con- servation of energy and that are, {a) thermal insulation materials, as defined by the Minister, that are sold primarily to insulate buildings and that are not primarily for a use prescribed by the Minister to be excluded from the exemption conferred by this para- graph, {b) heat pumps for use principally to provide heat in the heating system of a building. (c) heat recovery units or devices for extracting heat from exhaust air or waste water to recover energy, (d) solar cells to be used to produce directly from sunlight electricity to charge batteries. (e) solar furnaces, panels and tubes specially designed to collect and convert solar energy into heat for use in a solar heating system, (/) windmills and wind-powered generators that produce mechanical or electrical energy, and pumps and generators specially designed for use directly with such devices, {g) timer-controlled thermostats for heating sys- tems in buildings and automatic timer controls for electrical equipment, (h) wood-burning stoves and wood-burning fur- naces, or {i) wind deflectors for trucks; 24c. tangible personal property that is prescribed by the Minister for the purpose of this paragraph and that is purchased by a vendor to be consumed by him in the provision of transient accommodation. 5. Clauses a and b of subsection 1 of section 11 of the said Act, 8giij(iH«'^'')> as enacted by the Statutes of Ontario, 1975, chapter 9, section 5, are repealed and the following substituted therefor: {a) $700; or {b) the aggregate of, (i) 4 per cent of the tax collected by the vendor in such period and shown in a return that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected is $75 or more, (ii) $3 for each return with respect to tax collected by the vendor in such period that is made in accordance with this Act and the regulations and in which the tax shown to have been so collected exceeds $3 and is less than $75, and (iii) the tax collected by the vendor in such period and shown on a return that is made in accord- ance with this Act and the regulations and in which the tax shown to have been so collected does not exceed $3, s. 18, amended Trust money in liquidation proceedings Minister's certificate R.S.C. 1970, c. B-3 6. Section 18 of the said Act, as amended by the Statutes of Ontario, 1975, chapter 9, section 7, is further amended by adding thereto the following subsections: (2) Where, by the order of a court or otherwise, any property of a vendor is lawfully taken from his control or possession for the purposes of liquidation in receivership proceedings, winding-up proceedings or for the purpose of a distribution to creditors pursuant to a general assignment made for the benefit of creditors, an amount equal to the amount of tax that was collected by the vendor and that by subsection 1 is deemed to be held in trust for Her Majesty in right of Ontario, shall, to the extent of the amount of tax that was collected by the vendor in the year immediately preceding the date when the vendor lost control or possession of his property and was not remitted to the Treasurer as required by subsection 1, be deemed to be separate from, and to form no part of, the estate or property in liquidation, whether or not that amount has in fact been kept separate and apart from the vendor's own property and in trust in accordance with subsection 1. (3) Every person who, as assignee, liquidator, adminis- trator, receiver, receiver-manager, trustee or other like person, other than a trustee appointed under the Bankruptcy Act (Canada), takes control or possession of the property of any vendor holding a valid and subsisting permit issued under section 3 shall, before distributing such property or the proceeds from the realization thereof under his control, obtain from the Minister a certificate that the tax collected by the vendor in the year immediately preceding the date when the vendor lost control or possession of his property and not remitted by the vendor as required by subsection 1 has been paid or that security therefor acceptable to the Minister has been given, and any assignee, Hquidator, adminis- trator, receiver, receiver-manager, trustee or other like person, other than a trustee appointed under the Bankruptcy Act (Canada), who distributes any such property or the proceeds of the realization thereof without having obtained the certificate required by this subsection is personally Hable to Her Majesty in right of Ontario for an amount equal to the amount of tax that was collected by the vendor in the year immediately preceding the date when the vendor lost control or possession of his property and not remitted to the Treasurer as required by subsection 1. B. 30 (2), amended S.31, amended 7. Subsection 2 of section 30 of the said Act is amended by inserting after "15" in the fourth line "or 15«". 8. Section 31 of the said Act is amended by adding thereto the following subsections: i (6) Subiect to The Waees Act, where the Minister has ctarnishment 1 ,1 • .• 1 1 , ^ of wages under this section required an employer to pay to the Treas- r.s.o. 1970, urer on account of an employee's liability under this Act*^'^^^ moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future payments by the employer to the employee in respect of remuneration until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipulated by the Minister in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has ^^^^'^^f^^ failed to remit to the Treasurer the moneys as required under this section, the Minister may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 9. — (1) This Act, except section 1, subsections 1 and 2 of sec- commence- • rx 1 • , - , - . . ment tion 2, and sections 4, 5 and 7, comes into force on the day it receives Royal Assent. (2) Section 7 shall be deemed to have come into force on the Mem 7th day of April, 1976. (3) Section 5 shall be deemed to have come into force on ^^^^ the 1st day of April, 1977. (4) Section 1 , subsections 1 and 2 of section 2 and section 4 wem shall be deemed to have come into force on the 20th day of April, 1977. 10. The short title of this Act is The Retail Sales Tax Amendment short title Act. 1977. H X w X So w H O W w ^ 54- ON >i >3 to >3 p' Si Si- p' 5^ ^. 5^ <^i. o ^ \o § 1— ' ^ *J 0^ • m (-+ p o p H 3 p 3 X a > BILL 13 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Land Transfer Tax Act, 1974 The Hon. M. Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes General In accordance with the Treasurer's Budget, the amendments proposed in this Bill provide that the registration of conveyances of commercial, industrial or residential land will attract the same tax, whether the trans- feree of the conveyance is a resident of Canada or a non-resident person. Non-residents who acquire farmland or recreational land in Ontario will continue to pay tax at the higher rate. In addition to the amendments necessary to implement the Budget proposals, certain administrative amendments are proposed to facilitate the collection of tax and the fairer application of the Act. Section 1. Subsection 1 defines recreational land, residential land and unrestricted land. Unrestricted land includes all land zoned for commercial or industrial use and all land having a residential assessment under The Assessment Act or that is in use for commercial, industrial or residential purposes. Unrestricted land does not include land that is assessed or used as farmland, recreational land or woodlands. Subsection 2 of section 1 provides that the consideration on which tax is based when land is acquired by the foreclosure of a mortgage or charge is the lesser of the amount owing on the mortgage or charge or the fair market value of the land. Thus, where the costs secured by the mortgage at the time of foreclosure exceed the value of the land, tax is determined on the lower value. Subclause iv of clause m now reads as follows : {m) "value of the consideration" includes, in the case of a final order of foreclosure under any mortgage or charge affecting land, the amount owed under the mortgage at the time it was foreclosed, including principal, interest and all costs and expenses, other than municipal taxes, secured by the mortgage and owing at that time. BILL 13 1977 An Act to amend The Land Transfer Tax 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 1 of section 1 of The Land Transfer ^^'^^ amended Act, 1974, being chapter 8, as amended by the Statutes of Ontario, 1974, chapter 93, section 1, is further amended by adding thereto the following clauses: [ha] "recreational land" means land that is not used exclusively as residential land and that is pre- dominantly used for the recreation and enjoyment of its owner or lessee or those, other than persons using the land for agricultural purposes, who are permitted by such owner or lessee to be on the land ; (hh) "residential" means, when used in respect of land, the land subjacent to a building that is the main and principal residence of the occupants, whether as owners or tenants, and includes all immediately contiguous lands necessary and used for such residence ; {la) "unrestricted land" means land that, (i) under a by-law passed pursuant to section 35 of The Planning Act, or under an order ^l^o- 1^™- made pursuant to section 32 of that Act is zoned for commercial or industrial use, or (ii) where subclause i does not apply, is assessed under The Assessment Act for residential ^IgO- i^'^o- assessment or is lawfully used and occupied or was last lawfully used or occupied for commercial, industrial or residential purposes. fif*'^^^' ^^^ ^^^* ^^ ^^t assessed under The Assessment Act, or is not actually used, as farm or agricultural land, woodlands, recreational land or as an orchard. re-enacted*^^' (■^) Subclause iv of clause m of subsection 1 of the said section 1 is repealed and the following substituted therefor : (iv) in the case of a final order of foreclosure under any mortgage or charge affecting land, the lesser of, (A) the amount owed under the mortgage or charge at the time it was fore- closed, including principal, interest and all other costs and expenses, other than municipal taxes, secured by the mortgage or charge and owing at that time, or (B) an amount established to the satis- faction of the Minister to be equal to the fair market value of the land that is subject to the mortgage or charge. 8.2(1), 2. — (1) Subsection 1 of section 2 of the said Act is repealed re-enacted i i r ,, • , • i , r and the followmg substituted therefor: ^^Qggjj (1) Every person who tenders for registration in Ontario, (a) a conveyance whereby any land is conveyed to or in trust for any transferee who is not a non- resident person; or {b) a conveyance that is a conveyance only of un- restricted land and upon which is endorsed or to which is attached a certification by the Minister, or by some person authorized by the Minister in writing to make the certification, that all of the land being conveyed is unrestricted land, shall, before the conveyance is registered, pay a taj* computed at the rate of three-tenths of 1 per cent of tht value of the consideration for the conveyance up to and including $35,000, and at the rate of six-tenths of 1 pei' cent upon the remainder of the value of the consideration. amended (^) Subsection 2 of the said section 2 is amended bj inserting after "land" in the second line "that is no unrestricted land". Section 2. — Subsections 1 and 2. These amendments provide that the tax rate of three-tenths of 1 per cent on the first $35,000 and six-tenths of 1 per cent on the remainder of the consideration for the transfer of land apply to any land purchased by a Canadian resident and to any unrestricted land. The registration of a conveyance of land that is not unrestricted land will continue to attract tax at the rate of 20 per cent when acquired by a non-resident person. Subsections 1 and 2 of section 2 of the Act now read as follows : (/) Every person who tenders for registration in Ontario a conveyance whereby any land is conveyed to or in trust for any transferee who is not a non-resident person shall, before the conveyance is registered, pay a tax computed at the rate of three-tenths of I per cent of the value of the consideration for the conveyance up to and including $35,000, and at the rate of six-tenths of I per cent upon the remainder of the value of the consideration. (2) Every person who tenders for registration in Ontario a conveyance whereby any land is conveyed to or in trust for any transferee who is a non-resident person shall, before the conveyance is registered, pay a tax computed at the rate of 20 per cent of the value of the consideration for the conveyance. Subsection 3. The amendment provides for applying the proper tax rate to the registration of a conveyance of unrestricted land and land that is not unrestricted land. Section 3. — Subsection 1. The amendment provides that the affidavit disclosing the consideration for a conveyance of land must be made by the transferee or his agent or solicitor. This is the same requirement as for the affidavit of residence under the Act. This change will faciHtate simplification of the forms under the Act and the combination of these affidavits with other affidavits required to be registered with a conveyance by other statutes. The repealed subsection 2 of section 4 differs materially from the amendment proposed only to the extent that it allowed the affidavit of consideration to be made by either the transferor or the transferee. The amendment also enables the affidavit of residence and the affidavit of value of consideration to be consolidated in one form. Subsection 2 of section 4 of the Act now reads as follows : (2) The affidavit required by subsection 1 may be made by the person making the conveyance or by the transferee or by any person acting for either of them under a power of attorney or as an agent authorized in writing so to act, or by the solicitor for the person making the conveyance or for the transferee, or by some other person authorized in writing by the Minister to make the affidavit. Subsection 2. The amendment re-enacts subsection 3 to clarify the wording of some clauses and to permit the affidavit of residence to be taken on behalf of a corporation by an officer of that corporation and to be taken by one spouse on behalf of both. The new subsection 4 removes the require- ment to attach written authorizations of agency to the affidavits, and requires only that a deponent acting on behalf of another should state his capacity and the name of the person for whom he is acting. The subsections being repealed read : (3) In addition to the affidavit required by subsection 1, there shall be filed with the collector and attached by him to the conveyance to which it relates an affidavit in Form 1 or in such other form as is prescribed, and the affidavit shall be made by, (a) the transferee to whom or in trust for whom any land is conveyed ; (b) a trustee to whom any land is conveyed and who is shown as a trustee in the conveyance ; (c) the transferee named in the conveyance ; {d) an agent of any person referred to in clause a, b or c, if the agent is authorized in writing to make the affidavit; or {e) the solicitor acting in the transaction as the solicitor for any person referred to in clause a,bor c, and such affidavit shall state whether the transferee to whom the land is being conveyed is a non-resident person or the trustee for a non- resident person, and shall state such other information as is required in order to complete the affidavit. (3) The said section 2, as amended by the Statutes of Ontario, s.2, 1974, chapter 93, section 2, is further amended by adding thereto the following subsection: (6) Where only a part of the land being conveyed is ^enw°°" unrestricted land and the conveyance is to or in trust for consideration any non-resident person, the Minister may, to the extent that he considers it practicable, determine what amount of the value of the consideration for the conveyance is reasonably attributable to the unrestricted land being con- veyed, and the person tendering the conveyance for regis- tration is, notwithstanding subsection 1 or 2, liable to a tax computed at the rate of six-tenths of 1 per cent of such amount so determined, and is liable to a tax computed at the rate of 20 per cent of the amount of the value of the consideration for the conveyance that is determined by the Minister not to be reasonably attributable to the un- restricted land being conveyed. 3. — (1) Subsection 2 of section 4 of the said Act is repealed and rg^eTacted the following substituted therefor: (2) The affidavit required by subsection 1 shall be made b^'^^hom by the persons who are required to make the affidavit to be made required by subsection 3, and notwithstanding subsection 3, the Minister may prescribe a form in which the affidavits required by subsection 1 or 3 are combined as one affidavit for the purposes of those subsections. (2) Subsections 3 and 4 of the said section 4 are repealed and re-enatjted the following substituted therefor: (3) In addition to the affidavit required by subsection 1, ^s^o*^^* there shall be filed with the collector and attached by him residence to the conveyance to which it relates an affidavit in Form 1 or in such other form as is prescribed, and the affidavit shall be made by, {a) each transferee to whom or in trust for whom any land is conveyed by the conveyance to which the affidavit relates; {b) each trustee to whom any land is conveyed and who is shown as a trustee in the conveyance to which the affidavit relates; (c) each transferee named in the conveyance to which the affidavit relates: {d) an agent of any person referred to in clause a, b or c, if the agent is authorized in writing to make the affidavit ; (e) the sohcitor acting in the transaction as the sohcitor for any person referred to in clause a, b or c; (/) the presiding officer authorized to act for a cor- poration that is a person referred to in clause a, b or c, or the Vice-President, Manager, Secretary, Director or Treasurer authorized to act for such corporation ; or (g) either of two transferees who are married to each other and both of whom are transferees referred to in clause a, b or c, where the transferee making the affidavit is acting on behalf of the other of such transferees, and such affidavit shall state whether the transferee to whom the land is being conveyed is a non-resident person or the trustee for a non-resident person, and shall state such other information as is required in order to complete the affidavit. Affidavits, what to contain (4) The affidavit required by subsection 1 or 3 shall state that the person making it has personal knowledge of the facts stated in it, and shall state, where applicable, the capacity in which such person is making the affidavit and the name of any transferee on whose behalf such person is making the affidavit. 8.4(6), amended 8.4, amended Affidavit as to residence not required 8.8, amended (3) Subsection 6 of the said section 4, as amended by the Statutes of Ontario, 1974, chapter 93, section 3, is further amended by striking out "7" in the first line gis inserted by the amendment of 1974 and inserting in lieu thereof "7 or 8". (4) The said section 4 is further amended by adding thereto the following subsection: (8) Notwithstanding subsection 3, where a conveyance tendered for registration has endorsed upon it or attached to it the certification in accordance with clause b of subsection 1 of section 2 that all of the land being conveyed is un- restricted land, no affidavit is required under subsection 3| on the tender of such conveyance for registration. 4. Section 8 of the said Act, as amended by the Statutes of! Ontario, 1974, chapter 93, section 5, is further amended by adding thereto the following subsection: {4) The affidavit required by subsection 1 or 3 shall state that the person making it has personal knowledge of the facts stated in it, and there shall be filed with the affidavit the power of attorney or written authorization, if any, referred to in subsection 2 or 3. Subsections 3 and 4. The amendments dispense with the affidavit of residence where the land being conveyed is unrestricted land, since the same rates of tax apply regardless of the residence of the transferee. Subsection 6 of section 4 now reads as follows : (6) Except as provided in subsection 7 , where a conveyance is tendered for registration without the affidavit required by subsection 3, tax is payable at the rate provided in subsection 2 of section 2, and the collector shall not register the conveyance until such tax is paid, but if it is subsequently established to the satisfaction of the Minister that, had the affidavit required by subsection 3 been furnished to the collector, tax would have been payable as provided in subsection 1 of section 2, the Minister may refund the amount paid under this subsection in excess of the tax provided for in subsection 1 of section 2. Section 4. The amendment provides for refunds of tax paid at the higher rate on land that is later established to have been unrestricted land and taxable at the lower rates. Section 5. The amendment provides that an assessment of tax must be made within four years unless there has been misrepresentation or fraud, in which case the four year limitation does not apply. The subsection replaced by this amendment reads as follows : (4) The Minister may, at any time he considers reasonable, assess or reassess any tax payable by any person under this Act. Section 6. The amendment adds two new sections to the Act, sec- tions 14a and 14ft. These sections add to the Act provisions similar to those in the other revenue statutes of the Province, and enable the Minister to recover unpaid tax by action in the courts, by execution or by garnishment. (4) Where tax has been paid with respect to the reeris- Refunds on .'. . '^ -111 • conveyances tration of a conveyance of unrestricted land to or in trust of for a non-resident person, and it is estabhshed to the satis- land faction of the Minister that the certification in accordance with clause b of subsection 1 of section 2 was erroneously refused after full and complete disclosure of all relevant circumstances and facts to the person requested to make the certification, the Minister may refund any tax that would not have been payable had the certification been properly given, provided that application for such refund is made within three years of the payment of the tax of which a refund is sought. 5. Subsection 4 of section 12 of the said Act is repealed and ^^12 w^^^^ the following substituted therefor: (4) The Minister may assess or reassess any person for Limitation any tax payable by him under this Act within four years assessment from the day such tax became payable, except that, where the Minister establishes that a person has made any mis- representation that is attributable to neglect, carelessness or wilful default, or has committed any fraud, in supplying any information under this Act, in making any affidavit required by this Act, or in omitting to disclose any infor- mation, the Minister may assess or reassess at any time he considers reasonable the tax payable by such person. I 6. The said Act is further amended by adding thereto the l^^^^^^'^^' following sections: 14a. — (1) Upon default of payment of an amount assessed Recovery under section 12, (a) the Minister may bring an action for the recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in and by the name of the Minister or his name of office and may be continued by his successor in office as if no change had occurred and shall be tried without a jury; and (b) the Minister may issue a warrant directed to the sheriff of any county or district in which any property of a person assessed for tax under this Act is located or situate for the amount of the tax, interest and penalty or any of them owing by him, together with interest thereon from the date of the issue of the warrant and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court on a judgment in favour of the Crown. CompUance to be proved by affidavit Remedies for recovery of tax (2) For the purpose of any proceeding taken under this Act, the facts necessary to estabhsh comphance on the part of the Minister with this Act as well as the failure of any person to comply with the requirements of this Act shall, unless evidence to the contrary satisfactory to the court is adduced, be sufficiently proved in any court of law by affidavit of the Minister or of any officer of the Ministry of Revenue. I (3) The use of any of the remedies provided by this section does not bar or affect any of the other remedies therein provided, and the remedies provided by this Act for the recovery and enforcement of the payment of any tax imposed by this Act are in addition to any other remedies existing by law, and no action or other proceeding taken in any way prejudices, limits or affects any Hen, charge or priority existing under this Act or at law in favour of the Crown. Garnishment 14J — (1) When the Minister has knowledge or suspects that a person is or is about to become indebted or Uable to make any payment to a person liable to make a pay- ment under this Act, he may, by registered letter or by a letter served personally, require the first-named person to pay the moneys otherwise payable to the second-named person in whole or in part to the Treasurer on account of the liability under this Act. Idem Liability of debtor Service on garnishee (2) The receipt of the Treasurer for moneys paid as required under this section is a good and sufficient dis- charge of the original liabihty to the extent of the payment. (3) Every person who has discharged any liability to a person liable to make a payment under this Act without complying with the requirements under this section is liable to pay to the Treasurer an amount equal to the liabihty discharged or the amount that he was required under this section to pay to the Treasurer, whichever is the lesser. (4) Where a person who is or is about to become indebted or hable to make a payment to a person liable to make a payment under this Act carries on business under a name or style other than his own name, the registered or other letter under subsection 1 may be addressed to the name or style under which he carries on business and, in the case of personal service, shall be deemed to have been validly Section 7. — Subsection 1. The clauses being repealed enabled the Minister, with the approval of the Lieutenant Governor in Council, to defer or remit tax on the condition that a non-resident corporation acquiring land would become a resident corporation. These clauses are considered no longer to be required now that commercial, industrial and residential land can be acquired by a non-resident person at the lower rates of tax. Subsection 2. The amendment provides that, where the lessee of land acquires the remaining interest in the land from the lessor, the consideration paid to the lessor can be reduced by the amount of the consideration on which the lessee paid tax under this Act when he acquired his leasehold interest. This provision will only apply where the lease, at the time the lessee acquired it, was for more than fifty years. Leases for a shorter term do not attract tax under the Act. On the leases that are taxable, the tax is based on the fair market value of the land leased, and the amendment will prevent the lessee from paying tax on the same consideration a second time when he acquires the lessor's remaining interest in the land. served if it has been left with an adult person employed at the place of business of the addressee. (5) Where the persons who are or are about to become idem indebted or liable to make a payment to a person liable to make a payment under this Act carry on business in partnership, the registered or other letter under subsection 1 may be addressed to the partnership name and, in the case of personal service, shall be deemed to have been validly served if it has been served on one of the partners or left with an adult person employed at the place of business of the partnership. (6) Subject to the provisions of The Waees Act, where Garnishment ,,. . , 11- • • T , ofwages the Mmister has under this section required an employer r.s.o. i970, to pay to the Treasurer on account of an employee's ^- '^^ Hability under this Act moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future payments by the employer to the employee in respect of remuneration until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipulated by the Minister in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has fo*j.g^f^ failed to remit to the Treasurer the moneys as required under this section, the Minister may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 7. — (1) Subsection 1 of section 16 of the said Act, as re-enacted |j^|(^i^^^^ by the Statutes of Ontario, 1974, chapter 93, section 7, is amended by adding "or" at the end of clause c and by striking out clauses e, f and g. (2) The said section 16, as amended by the Statutes of Ontario, Iji^n^ejj 1974, chapter 93, section 7, is further amended by adding thereto the following subsections : (5a) Where a person entitled to the leasehold interest in ^o^^g"i^*^°aM°on land acquires the freehold interest therein, the value of the on lessee ■ 1 • r 1 1 r iV- acquiring consideration for the conveyance to that person oi the freehold freehold interest may be reduced by the amount of the value of the consideration for the conveyance by which such person acquired his leasehold interest in the land if the value of that consideration was determined under sub- clause V of clause m of subsection 1 of section 1 and if tax was computed and paid with respect to the value of 8 that consideration so determined, but the reduction shall not exceed the value of the consideration for the conveyance of the freehold interest. Interpre- tation {5b) For the purposes of clause b of subsection 1, farming shall not be considered to be an active commercial or industrial business. Commence- ment Idem Idem 8. — (1) This Act, except sections 1, 2, 3, 4 and 7 comes into force on the day it receives Royal Assent. (2) Sections 1 and 2, subsections 2, 3 and 4 of section 3, and sections 4 and 7 shall be deemed to have come into force on the 20th day of April, 1977. (3) Subsection 1 of section 3 comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title 9. The short title of this Act is The Land Transfer Tax Amendment Act, 1977. o C2 ba H 3_ ffi O >-) O l-K s ?o en 0) n < w 3 < c w a> 2: w w Co 54. 3 >i >3 «> e-t- c^ S) g- §■ J3- c^ 0 ^ •^ 0^ ET a> f P 3 D- > H 3 1-1 p 3 > 0 Cfl >-s r-h ►1 0 H P 3 X a> 3 > a 0 <-*■ _ 0 -4 »f^ BILL 13 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Land Transfer Tax Act, 1974 The Hon. Margaret Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 13 1977 An Act to amend The Land Transfer Tax 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 1 of section 1 of The Land Transfer Tax^^^^^heA Act, 1974, being chapter 8, as amended by the Statutes of Ontario, 1974, chapter 93, section 1, is further amended by adding thereto the following clauses: {ha) "recreational land" means land that is not used exclusively as residential land and that is pre- dominantly used for the recreation and enjoyment of its owner or lessee or those, other than persons using the land for agricultural purposes, who are permitted by such owner or lessee to be on the land ; {hh) "residential" means, when used in respect of land, the land subjacent to a building that is the main and principal residence of the occupants, whether as owners or tenants, and includes all immediately contiguous lands necessary and used for such residence ; {la) "unrestricted land" means land that, (i) under a by-law passed pursuant to section 35 of The Planning Act, or under an order ^•^•^- 1^™> made pursuant to section 32 of that Act is zoned for commercial or industrial use, or (ii) where subclause i does not apply, is assessed under The Assessment Act for residential ^IjO" ^^•'> assessment or is lawfully used and occupied or was last lawfully used or occupied for commercial, industrial or residential purposes, R.s^.o.i97o, and that is not assessed under The Assessment Act, or is not Actually used, as farm or agricultural land, woodlands, recreational land or as an orchard. ve-BuJ^la^^' (^) Subclause iv of clause m of subsection 1 of the said section 1 is repealed and the following substituted therefor : (iv) in the case of a final order of foreclosure under any mortgage or charge affecting land, the lesser of, - ^ ^"^ (A) the amount owed under the mortgage or charge at the time it was fore- closed, including principal, interest and all other costs and expenses, other than municipal taxes, secured by the mortgage or charge and owing at that time, or (B) an amount established to the satis- faction of the Minister to be equal to the fair market value of the land that is subject to the mortgage or charge. re-enacted ^* — (^) Subsection 1 of section 2 of the said Act is repealed and the following substituted therefor: ^posed (1) Every person who tenders for registration in Ontario, {a) a conveyance whereby any land is conveyed to or in trust for any transferee who is not a non- resident person; or {h) a conveyance that is a conveyance only of un- restricted land and upon which is endorsed or to which is attached a certification by the Minister, or by some person authorized by the Minister in writing to make the certification, that all of the land being conveyed is unrestricted land, shall, before the conveyance is registered, pay a tax computed at the rate of three-tenths of 1 per cent of the value of the consideration for the conveyance up to and . including $35,000, and at the rate of six-tenths of 1 per | cent upon the remainder of the value of the consideration. amended (^) Subsection 2 of the said section 2 is amended by inserting after "land" in the second Hne "that is not unrestricted land". (3) The said section 2, as amended by the Statutes of Ontario, |^' 1974, chapter 93, section 2, is further amended by adding thereto the following subsection: (6) Where only a part of the land being conveyed is ^PPt'^'f^^' unrestricted land and the conveyance is to or in trust for consideration any non-resident person, the Minister may, to the extent that he considers it practicable, determine what amount of the value of the consideration for the conveyance is reasonably attributable to the unrestricted land being con- veyed, and the person tendering the conveyance for regis- tration is, notwithstanding subsection 1 or 2, liable to a tax computed at the rate of six-tenths of 1 per cent of such amount so determined, and is liable to a tax computed at the rate of 20 per cent of the amount of the value of the consideration for the conveyance that is determined by the Minister not to be reasonably attributable to the un- restricted land being conveyed. 3. — (1) Subsection 2 of section 4 of the said Act is repealed and rg^e^acted the following substituted therefor: (2) The affidavit required by subsection 1 shall be made ^;?^hom by the persons who are required to make the affidavit to be made required by subsection 3, and notwithstanding subsection 3, the Minister may prescribe a form in which the affidavits required by subsection 1 or 3 are combined as one affidavit for the purposes of those subsections. (2) Subsections 3 and 4 of the said section 4 are repealed and ^^J^^^Iq^ the following substituted therefor: (3) In addition to the affidavit required by subsection 1, ^^q*^** there shall be filed with the collector and attached by him residence to the conveyance to which it relates an affidavit in Form 1 or in such other form as is prescribed, and the affidavit shall be made by, (a) each transferee to whom or in trust for whom any land is conveyed by the conveyance to which the affidavit relates; {b) each trustee to whom any land is conveyed and who is shown as a trustee in the conveyance to which the affidavit relates; (c) each transferee named in the conveyance to which the affidavit relates; {d) an agent of any person referred to in clause a, b or c, if the agent is authorized in writing to make the affidavit ; {e) the sohcitor acting in the transaction as sohcitor for any person referred to in clause a or c; the b (/) the presiding officer authorized to act for a cor- poration that is a person referred to in clause a, b or c, or the Vice-President, Manager, Secretary, Director or Treasurer authorized to act for such corporation; or Affidavits, what to contain s. 4 (6), amended 8.4, amended Affidavit as to residence not required s.8, amended {g) either of two transferees who are married to each other and both of whom are transferees referred to in clause a, b or c, where the transferee making the affidavit is acting on behalf of the other of such transferees, m and such affidavit shall state whether the transferee to whonr the land is being conveyed is a non-resident person or the trustee for a non-resident person, and shall state such other information as is required in order to complete the affidavit. (4) The affidavit required by subsection 1 or 3 shall state that the person making it has personal knowledge of the facts stated in it, and shall state, where applicable, the capacity in which such person is making the affidavit and the name of any transferee on whose behalf such person is making the affidavit. (3) Subsection 6 of the said section 4, as amended by the Statutes of Ontario, 1974, chapter 93, section 3, is further amended by striking out "7" in the first line as inserted by the amendment of 1974 and inserting in lieu thereof "7 or 8". (4) The said section 4 is further amended by adding thereto the following subsection: (8) Notwithstanding subsection 3, where a conveyance tendered for registration has endorsed upon it or attached to it the certification in accordance with clause b of subsection 1 of section 2 that all of the land being conveyed is un- restricted land, no affidavit is required under subsection 3 on the tender of such conveyance for registration. 4. Section 8 of the said Act, as amended by the Statutes of Ontario, 1974, chapter 93, section 5, is further amended by adding thereto the following subsection: (4) Where tax has been paid with respect to the regis- Refii°ds on . e e -111 • conveyances tration oi a conveyance oi unrestricted land to or in trust of for a non-resident person, and it is estabhshed to the satis- lanl^ faction of the Minister that the certification in accordance with clause b of subsection 1 of section 2 was erroneously refused after full and complete disclosure of all relevant circumstances and facts to the person requested to make the certification, the Minister may refund any tax that would not have been payable had the certification been properly given, provided that application for such refund is made within three years of the payment of the tax of which a refund is sought. 5. Subsection 4 of section 12 of the said Act is repealed and^iaw. the following substituted therefor: (4) The Minister may assess or reassess any person for Limitation any tax payable by him under this Act within four years assessment from the day such tax became payable, except that, where the Minister establishes that a person has made any mis- representation that is attributable to neglect, carelessness or wilful default, or has committed any fraud, in supplying any information under this Act, in making any affidavit required by this Act, or in omitting to disclose any infor- mation, the Minister may assess or reassess at any time he considers reasonable the tax payable by such person. 6. The said Act is further amended by adding thereto the Inicted^''' following sections: 14a.— (1) Upon default of payment of an amount assessed Recovery under section 12, (a) the Minister may bring an action for the recovery thereof in any court in which a debt or money demand of a similar amount may be collected, and every such action shall be brought and executed in and by the name of the Minister or his name of office and may be continued by his successor in office as if no change had occurred and shall be tried without a jury; and (b) the Minister may issue a warrant directed to the sheriff of any county or district in which any property of a person assessed for tax under this Act is located or situate for the amount of the tax, interest and penalty or any of them owing by him, together with interest thereon from the date of the issue of the warrant and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court on a judgment in favour of the Crown. Compliance to be proved by affidavit (2) For the purpose of any proceeding taken under this ' Act, the facts necessary to estabhsh compUance on the part - of the Minister with this Act as well as the failure of any -■ person to comply with the requirements of this Act shall, ] unless evidence to the contrary satisfactory to the court is ' adduced, be sufficiently proved in any court of law by / affidavit of the Minister or of any officer of the Ministry of ,■ Revenue. i Remedies for recovery of tax (3) The use of any of the remedies provided by this section does not bar or affect any of the other remedies therein provided, and the remedies provided by this Act for the recovery and enforcement of the payment of any tax imposed by this Act are in addition to any other remedies existing by law, and no action or other proceeding taken in any way prejudices, limits or affects any lien, charge or priority existing under this Act or at law in favour of the Crown. Oamishment Idem Liability of debtor Service on garnishee 14i. — (1) When the Minister has knowledge or suspects \ that a person is or is about to become indebted or liable & to make any payment to a person liable to make a pay- v ment under this Act, he may, by registered letter or by a t letter served personally, require the first-named person to pay the moneys otherwise payable to the second-named ' person in whole or in part to the Treasurer on account of V the Hability under this Act. (2) The receipt of the Treasurer for moneys paid as , required under this section is a good and sufficient dis- charge of the original liability to the extent of the payment. (3) Every person who has discharged any Hability to a person liable to make a payment under this Act without complying with the requirements under this section is liable to pay to the Treasurer an amount equal to the Habihty discharged or the amount that he was required under this section to pay to the Treasurer, whichever is the lesser. (4) Where a person who is or is about to become indebted or liable to make a payment to a person liable to make a payment under this Act carries on business under a name or style other than his own name,^ the registered or other letter under subsection 1 may be addressed to the name or style under which he carries on business and, in the case of personal service, shall be deemed to have been validly served if it has been left with an adult person employed at the place of business of the addressee. (5) Where the persons who are or are about to become idem indebted or Hable to make a payment to a person liable to make a payment under this Act carry on business in partnership, the registered or other letter under subsection 1 may be addressed to the partnership name and, in the case of personal service, shall be deemed to have been validly served if it has been served on one of the partners or left with an adult person employed at the place of business of the partnership. (6) Subiect to the provisions of The Wages Act, where Garnishment the Minister has under this section required an employer r.s.o. 1970, to pay to the Treasurer on account of an employee's ^- ^^^ liability under this Act moneys otherwise payable by the employer to the employee as remuneration, the requirement is applicable to all future payments by the employer to the employee in respect of remuneration until the liability under this Act is satisfied and operates to require payments to the Treasurer out of each payment of remuneration of such amount as may be stipulated by the Minister in the registered letter or letter served personally. (7) Where any person, without reasonable excuse, has f*j.g^j. failed to remit to the Treasurer the moneys as required under this section, the Minister may apply before a judge of the Supreme Court for an order directing such person to remit the moneys which he has failed to remit. 7. — (1) Subsection 1 of section 16 of the said Act, as re-enacted l^^^o)^^ by the Statutes of Ontario, 1974, chapter 93, section 7, is amended by adding "or" at the end of clause c and by striking out clauses e, f and g. (2) The said section 16, as amended by the Statutes of Ontario, |j^|jnje(j 1974, chapter 93, section 7, is further amended by adding thereto the following subsections : (5a) Where a person entitled to the leasehold interest in ^(f^g^i^erawon land acquires the freehold interest therein, the value of the on lessee SLCOUlPlUfiT consideration for the conveyance to that person of the freehold freehold interest may be reduced by the amount of the value of the consideration for the conveyance by which such person acquired his leasehold interest in the land if the value of that consideration was determined under sub- clause V of clause m of subsection 1 of section 1 and if tax was computed and paid with respect to the value of 8 that consideration so determined, but the reduction shall not exceed the value of the consideration for the conveyance of the freehold interest. Interpre- tation Commence- ment Idem Idem {5b) For the purposes of clause b of subsection 1, farming shall not be considered to be an active commercial or industrial business. 8. — (1) This Act, except sections 1, 2, 3, 4 and 7 comes into force on the day it receives Royal Assent. (2) Sections 1 and 2, subsections 2, 3 and 4 of section 3, and sections 4 and 7 shall be deemed to have come into force on the 20th day of April, 1977. (3) Subsection 1 of section 3 comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title 9, The short title of this Act is The Land Transfer Tax Amendment Act, 1977. X w ffi g; o 5'_ z en' s ►-t > O o l-H > 1^ w 2 CO <: m z w c-o >— < ^ C^O C (T) ^^ '^ ^ ^ On On ?0 >i to >a j^- Si. p" l-t- & Si. )— k 3 > o P 3 (T) 3 BILL 14 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Land Speculation Tax Act, 1974 The Hon. M. Scrivener Minister of Revenue fr TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes Proposed amendments to The Land Transfer Tax Act, 1974 necessitate some changes to The Land Speculation Tax Act, 1974. Dispositions of designated land by a change in the ownership of shares of a corporation to non-resident persons within the meaning given to that expression in The Land Transfer Tax Act, 1974, will not attract the tax imposed under section 2 (2) of the Act where the designated land being conveyed is "unrestricted land" as defined in amendments to The Land Transfer Tax Act, 1974 proposed by the Treasurer in his Budget. The period during which investment property must be held in order to qualify for a complete reduction of tax is reduced from ten to five years. Apportionment for both the investment property reduction and the farm property reduction is now provided for on a monthly rather than annual basis. Certain time periods during which farm land is leased may now be included in the period during which the farm tax reduction may be earned. A further amendment recognizes that where a transferor grants a taxable lease and then reacquires the rights under that lease, he should be given a write-up to the fair market value of the designated land underlying the lease as of the date of such taxable disposition, thereby recognizing that such transferor has paid tax on the increase in the value of the designated land up to that date. In addition, certain administrative amendments are proposed to facilitate the collection of tax and the fairer application of the Act. Section 1. — Subsection 1. The amendment is consequential on the addition of the new sub-subclause "BC", added by subsection 2. Subsection 2. The addition of sub-subclause BC establishes the acquisition cost of a transferor who has granted a lease having a term of more than fifty years which was a taxable disposition and then at a later date reacquires the rights under that lease at a time when the lease has less than fifty years to run. In this case, the transferor has paid tax on any increase in the value of the land up to the date he granted the lease over fifty years. Thus, where he reacquires the rights under that lease, his acquisition cost is the fair market value of the land as of the date he granted the original lease. Subsection 3. This amendment is consequential on the addition of the new sub-subclause "BC". Subsection 4. The Act presently provides that, where land acquired before April 9, 1974 is being disposed of, the transferor may use the higher of the fair market value of the designated land on that date or its actual cost of acquisition to him prior to that date. This amendment allows the cost of improvements made to the land by the transferor prior to April 9, 1974 to be added to the actual acquisition cost option so that a person holding land at April 9, 1974 will not be penalized by the fact that he has improved the land beyond its actual fair market value ascertained as of April 9, 1974. BILL 14 1977 An Act to amend The Land Speculation Tax Act, 1974 TJER MAJESTY, by and with the advice and consent of the -■•-'- Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Sub-subclause A of subclause i of clause a of subsection 1 f^/.^M"^ of section 1 of The Land Speculation Tax Act, 1974, being amended chapter 17, as amended by the Statutes of Ontario, 1974, chapter 121, section 1, is further amended by inserting after "BB," in the amendment of 1974 "BC,". (2) Subclause i of clause a of subsection 1 of the said section 1 Imende'd^^^' is amended by adding thereto the following sub-subclause : (BC) as the result of his reacquisition other- wise than by a disposition described in subclause iii of clause d, of the rights under a lease or similar arrangement that, when originally granted or effected, was a disposition by him within the meaning of subclause iii of clause d, that amount that was deter- mined to be the proceeds of disposition in accordance with subclause iv of clause / with respect to such original disposition by him. (3) Sub-subclause C of subclause i of clause a of subsection 1 (jw^)^^"^ of the said section 1, as amended by the Statutes of amended Ontario, 1974, chapter 121, section 1, is further amended by inserting after "BB" in the amendment of 1974 ", BC". (4) Subclause ii of clause a of subsection 1 of the said section 1 , re-enacted"^' as amended by the Statutes of Ontario, 1974, chapter 121, section 1, is repealed and the following substituted there- for: 8.1, amended Disposition of reversion (ii) where the designated land was acquired by the transferor on or before the 9th day of April, 1974, the higher of either the fair market value of the designated land ascer- tained as at the 9th day of April, 1974, or the sum of the cost to the transferor of the acquisition of the designated land and the cost of improvements made by him on or before the 9th day of April, 1974. (5) The said section 1 is further amended by adding thereto the following subsections: (13) Where the transferor is disposing of the fee simple in designated land that is, at the time of such disposition, subject to a lease or other similar arrangement that was originally granted or effected by him, he may, in heu of the amount required by subclause i or ii of clause a of subsec- tion 1 to be added to the adjusted value applicable to such disposition, add an amount equal to either, [a) the fair market value of the whole interest in the designated land, ascertained as of the 9th day of April, 1974, if such lease or similar arrangement was granted or effected on or before that date ; or {h) an amount equal to the fair market value of the whole interest in the designated land at the date of the disposition made by him after the 9th day of April, 1974 by which such lease or similar arrange- ment was granted or effected and the proceeds of which were required to be determined in accordance with subclause iv of clause / of subsection 1. Proceeds of disposition deemed not to have arisen 8. 2 (2), re-enacted Idem 1974, c. 8 (14) Sub-subclause B of subclause i of clause a of sub- section 1 as it appears on the day this subsection comes into force shall be deemed to have been in force on and after the 9th day of April, 1974 and with respect to the death of any person on or after that date resulting in a disposition described in subclause iv of clause d of subsec- tion 1, no proceeds of disposition shall be deemed to have arisen. 2. Subsection 2 of section 2 of the said Act is repealed and the following substituted therefor: II (2) Where there is a disposition within the meaning o subclause vi or vii of clause d of subsection 1 of section 1 of any designated land that is not unrestricted land, as defined in The Land Transfer Tax Act, 1974 and the result of the Ji Subsection 5. The new subsection 13 provides an acquisition cost for a transferor disposing of the reversionary interest in land that is subject to a lease previously granted by him. If he granted the lease before April 9, 1974, he may include in his adjusted value the fair market value of the whole interest in the land as of April 9, 1974 or if he granted the lease having a term of more than fifty years after April 9, 1974, he is given a write-up to the fair market value of the whole interest in the land as of the date of such taxable disposition. The new subsection 14 has the effect of making a previous amendment to the Act retroactive to April 9, 1974 thus giving all persons who have taken land as the result of a death occurring on or after April 9, 1974, an acquisition cost equal to the fair market value of the property on the date of the death. Section 2. The re-enactment provides that a disposition of designated land by a change in the ownership of the shares of a corporation to a non- resident person under The Land Transfer Tax Act, 1974 will not attract the tax imposed by subsection 2 of section 2 of the Act where the designated land is "unrestricted land" within the meaning given to that expression in The Land Transfer Tax Act, 1974 which will be amended as proposed in the Treasurer's Budget and The Land Transfer Tax Amendment Bill introduced contemporaneously with this Bill. Section 3. — Subsection 1. This amendment removes from section 4 (d) of the Act the reference to "tourist resorts prescribed by the Minister by regulation" since tourist resorts are treated as commercial property under the Act and thus it has not been necessary for such a regulation to be passed. Subsection 2. This amendment provides that for the purposes of section 4 {g) of the Act the date of disposition will be the time when the purchaser is first entitled to call for delivery of a conveyance of the designated land. This means that in order to claim the exemption provided for in section 4 (g) a transferor will have to construct a structure on the land worth 40 per cent of the proceeds of disposition or renovate to the extent of 20 per cent of his acquisition cost by the time of closing of the transaction rather than by the time the agreement for sale is entered into. Section 4. This amendment adds a new clause that relates to the recreational property exemption described in section 4 (/) of the Act. That exemption is lost if the recreational property is sold to a non- resident and the amendment provides that in respect to the residency requirement set out in that clause, the transferor may claim the exemption if he obtains from the purchaser a residency affidavit in the form required under The Land Transfer Tax Act, 1974 showing that the purchaser is not a non-resident person. Section 5. This amendment limits the time during which the Minister may assess any person for tax under the Act to four years from the time the tax became payable except for cases of misrepresentation or fraud in which cases the Minister may assess at any time considered reasonable. disposition is that control of the corporation beneficially interested in the designated land is exercisable by a person or a group of persons different from those by whom control of the corporation was exercisable before the disposition, there shall be imposed and levied, for the uses of Her Majesty in right of Ontario, upon the designated land a tax, in addi- tion to the tax imposed by subsection 1, calculated on the proceeds of disposition of the designated land that is not unrestricted land, as defined in The Land Transfer Tax Act, isHc.s 1974 and computed at the rate of 20 per cent of such proceeds of disposition where the corporation beneficially interested in the designated land is, immediately after the disposition has occurred, a non-resident corporation as defined in The Land Transfer Tax Act, 1974. 3. — (1) Clause d of section 4 of the said Act is amended by s.4(d), ., . . r ^ 1-1 1 • amended strikmg out as a tourist resort of a class, kmd or desig- nation prescribed by the Minister by regulation, or" in the second, third and fourth lines. (2) Clause g of the said section 4 is amended by adding at amended the end thereof "and for the purpose of determining the time at which a transferor making a disposition described in this clause is first entitled to the exemption conferred by this clause, the expression 'time of the disposition' means the time when the person to whom the disposition is made is first entitled to call for delivery to him of a conveyance or transfer of the designated land disposed of or of some other document or evidence of title the agreement to give which was a disposition of the designated land, and no disposition of designated land that is exempt from tax by virtue of this clause shall be deemed to have occurred, for the purposes of this Act, until the time of the disposition, as defined in this clause". 4. The said Act is amended by adding thereto the following section : l^f^^j^g^ 4fl. Notwithstanding clause / of section 4, the exemption ^^^ ^ig^ conferred by that clause may be claimed by a transferor if, maybe at the time he claims the exemption, the person to whom the designated land is disposed of, has furnished to the trans- feror claiming the exemption the affidavit described in sub- section 3 of section 4 of The Land Transfer Tax Act, 1974 showing that such person is not a non-resident person as defined in that Act. 6. Subsection 4 of section 8 of the said Act is repealed and the ^e-enacted following substituted therefor: (4) The Minister may assess or reassess any tax payable f^^^l^^^ by any person under this Act within four years from the day to time such tax became payable except that, where the Minister estabhshes that any person liable to tax has made any mis- representation that is attributable to neglect, carelessness or wilful default or has committed any fraud in making any affidavits or applications or in supplying any information under this Act or in omitting to disclose any information, then the Minister may assess or reassess tax imposed by this Act at any time he considers reasonable. s. 20 (2), amended s. 20 (3), amended 6. — (1) Subsection 2 of section 20 of the said Act, as re-enacted by the Statutes of Ontario, 1974, chapter 121, section 5, is amended by striking out "one-tenth thereof for each full twelve-month period up to a maximum of ten such periods" in the fourth, fifth and sixth lines and inserting in lieu thereof "1% per cent of such taxable value for each full month up to a maximum of sixty full months". (2) Subsection 3 of the said section 20, as enacted by the Statutes of Ontario, 1974, chapter 121, section 5, is amended. by striking out "one-tenth thereof for each full twelve-month period up to a maximum of ten such periods" in the seventh, eighth and ninth hues and inserting in heu thereof "five-sixths of one per cent of such taxable value for each full month up to a maximum of 120 full months"; and (b) by adding at the end thereof "provided that, where such uninterrupted period of time is less than 120 full months, the transferor may, in computing the reduction in taxable value authorized by this sub- section, add to such uninterrupted period of time the number of full months prior to such uninterrupted period of time that does not increase such un- interrupted period of time beyond 120 full months and during which either the transferor or his spouse carried on farming on the designated land". s. 22a (2), amended Commence- ment Short title I 7. Subsection 2 of section 22a of the said Act, as enacted b the Statues of Ontario, 1974, chapter 121, section 7, is amende by striking out "shall" in the fifth line and inserting in lieu thereof "may". 8. This Act shall be deemed to have come into force on the 20th day of April, 1977. 9. The short title of this Act is The Land Speculation Tax Amend- ment Act, 1977. Section 6. — Subsection 1. This amendment reduces the period from ten to five years during which a property must be held as an investment property in order to quaUfy for exemption from tax and provides for the apportionment of the investment property tax reduction on a monthly basis rather than on an annual basis. Subsection 2. This amendment provides for the apportionment of the farm property tax reduction on a monthly basis rather than on an annual basis, and in addition enables a transferor to include in the period for which he can claim a farm property reduction any months in which he or his spouse farmed the designated land. Thus, if the transferor or his spouse have ceased farming (because of age, ill health or some other reason) before the sale of the farm, the farm property reduction can still be claimed for any month in which the transferor or his spouse farmed the land prior to their ceasing to farm it. Section 7. This amendment makes the use of the eligible disposition section permissive rather than mandatory. C7^ o C2 to H 3_ ffi (J)' O ;z; 1-1 O l-K S » CO fT> o < 2 3 ^ C w ro 2: Oo Ki ::« S s^ Si. ^ J^a cd <^ S) S) ?^ 54- H cr n> r p 3 CL CT) > X5 3 O) o > C^ o i-t- pT (-+ (-+ o' o 3 p H 3 X 3 BILL 14 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Land Speculation Tax Act, 1974 The Hon. Margaret Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 14 1977 An Act to amend The Land Speculation Tax Act, 1974 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. — (1) Sub-subclause A of subclause i of clause a of subsection 1 (•xV^^^"'^ of section 1 of The Land Speculation Tax Act, 1974, being amended chapter 17, as amended by the Statutes of Ontario, 1974, chapter 121, section 1, is further amended by inserting after "BB," in the amendment of 1974 "BC,". (2) Subclause i of clause a of subsection 1 of the said section 1 amended ^*^' is amended by adding thereto the following sub-subclause : (BC) as the result of his reacquisition other- wise than by a disposition described in subclause iii of clause d, of the rights under a lease or similar arrangement that, when originally granted or effected, was a disposition by him within the meaning of subclause iii of clause d, that amount that was deter- mined to be the proceeds of disposition in accordance with subclause iv of clause / with respect to such original disposition by him. (3) Sub-subclause C of subclause i of clause a of subsection 1 \[)^q]^^°-^ of the said section 1, as amended by the Statutes of amended Ontario, 1974, chapter 121, section 1, is further amended by inserting after "BB" in the amendment of 1974 ", BC". (4) Subclause ii of clause a of subsection 1 of the said section 1, ?e-enac'ted"^' as amended by the Statutes of Ontario, 1974, chapter 121, section 1, is repealed and the following substituted there- for: 8.1, amended Disposition of reversion Proceeds of disposition deemed not to have arisen s. 2 (2), re-enacted Idem 1974, c. 8 (ii) where the designated land was acquired by the transferor on or before the 9th day of April, 1974, the higher of either the fair market value of the designated land ascer- tained as at the 9th day of April, 1974, or the sum of the cost to the transferor of the acquisition of the designated land and the cost of improvements made by him on or before the 9th day of April, 1974. (5) The said section 1 is further amended by adding thereto the following subsections: (13) Where the transferor is disposing of the fee simple in designated land that is, at the time of such disposition, subject to a lease or other similar arrangement that was originally granted or effected by him, he may, in lieu of the amount required by subclause i or ii of clause a of subsec- tion 1 to be added to the adjusted value applicable to such disposition, add an amount equal to either, {a) the fair market value of the whole interest in the designated land, ascertained as of the 9th day of April, 1974, if such lease or similar arrangement I was granted or effected on or before that date ; or I (b) an amount equal to the fair market value of the whole interest in the designated land at the date of the disposition made by him after the 9th day of April, 1974 by which such lease or similar arrange- ment was granted or effected and the proceeds of which were required to be determined in accordance with subclause iv of clause I of subsection 1. (14) Sub-subclause B of subclause i of clause a of sub- section 1 as it appears on the day this subsection comes into force shall be deemed to have been in force on and after the 9th day of April, 1974 and with respect to the death of any person on or after that date resulting in ai disposition described in subclause iv of clause d of subsec- tion 1, no proceeds of disposition shall be deemed to have arisen. I 2. Subsection 2 of section 2 of the said Act is repealed and thej following substituted therefor: j (2) Where there is a disposition within the meanmg oi] subclause vi or vii of clause d of subsection 1 of section 1 of' any designated land that is not unrestricted land, as defined; in The Land Transfer Tax Act, 1974 and the result of thej disposition is that control of the corporation beneficially interested in the designated land is exercisable by a person or a group of persons different from those by whom control of the corporation was exercisable before the disposition, there shall be imposed and levied, for the uses of Her Majesty in right of Ontario, upon the designated land a tax, in addi- tion to the tax imposed by subsection 1, calculated on the proceeds of disposition of the designated land that is not unrestricted land, as defined in The Land Transfer Tax Act, i974,c.8 1974 and computed at the rate of 20 per cent of such proceeds of disposition where the corporation beneficially interested in the designated land is, immediately after the disposition has occurred, a non-resident corporation as defined in The Land Transfer Tax Act, 1974. 3. — (1) Clause d of section 4 of the said Act is amended by s.4(d), • 1 ■ • f 1 1-1 1 • amended strikmg out as a tourist resort of a class, kmd or desig- nation prescribed by the Minister by regulation, or" in the second, third and fourth lines. (2) Clause g of the said section 4 is amended by adding at amended the end thereof "and for the purpose of determining the time at which a transferor making a disposition described in this clause is first entitled to the exemption conferred by this clause, the expression 'time of the disposition' means the time when the person to whom the disposition is made is first entitled to call for delivery to him of a conveyance or transfer of the designated land disposed of or of some other document or evidence of title the agreement to give which was a disposition of the designated land, and no disposition of designated land that is exempt from tax by virtue of this clause shall be deemed to have occurred, for the purposes of this Act, until the time of the disposition, as defined in this clause". 4. The said Act is amended by adding thereto the following section : ^^^^^^^^ 4a. Notwithstanding clause / of section 4, the exemption J^^p^ion conferred by that clause may be claimed by a transferor if, maybe ,.-',,. ,•' . , ii claimed at the time he claims the exemption, the person to whom the designated land is disposed of, has furnished to the trans- feror claiming the exemption the affidavit described in sub- section 3 of section 4 of The Land Transfer Tax Act, 1974 showing that such person is not a non-resident person as defined in that Act. 5. Subsection 4 of section 8 of the said Act is repealed and the ^g^g^^^^cted following substituted therefor: (4) The Minister may assess or reassess any tax payable ff^^^^^^^ by any person under this Act within four years from the day to time such tax became payable except that, where the Minister estabhshes that any person hable to tax has made any mis- representation that is attributable to neglect, carelessness or wilful default or has committed any fraud in making any affidavits or applications or in supplying any information under this Act or in omitting to disclose any information, then the Minister may assess or reassess tax imposed by this Act at any time he considers reasonable. s. 20 (2), amended 6. — (1) Subsection 2 of section 20 of the said Act, as re-enacted by the Statutes of Ontario, 1974, chapter 121, section 5, is amended by striking out "one-tenth thereof for each full twelve-month period up to a maximum of ten such periods" in the fourth, fifth and sixth lines and inserting in lieu thereof "1% per cent of such taxable value for each full month up to a maximum of sixty full months". s. 20 (3), amended (2) Subsection 3 of the said section 20, as enacted by the Statutes of Ontario, 1974, chapter 121, section 5, is amended, {a) by striking out "one-tenth thereof for each full twelve-month period up to a maximum of ten such periods" in the seventh, eighth and ninth lines and inserting in heu thereof "five-sixths of one per cent of such taxable value for each full month up to a maximum of 120 full months"; and (b) by adding at the end thereof "provided that, where such uninterrupted period of time is less than 120 full months, the transferor may, in computing the reduction in taxable value authorized by this sub- section, add to such uninterrupted period of time the number of full months prior to such uninterrupted period of time that does not increase such un- interrupted period of time beyond 120 full months and during which either the transferor or his spouse carried on farming on the designated land". B. 22a (2), amended 7. Subsection 2 of section 22a of the said Act, as enacted by the Statues of Ontario, 1974, chapter 121, section 7, is amended by striking out "shall" in the fifth line and inserting in lieu thereof "may". Commence- ment 8. This Act shall be deemed to have come into force on the 20th day of April, 1977. Short title 9. The short title of this Act is The Land Speculation Tax Amend- ment Act, 1977 . H X w 3 ? 2 > ^ w o o 2 CO W W c « ^ Si- ON >a p' s> s^ . vO ^ -^ OTQ c^ tv) d 3 ^^ '< ?4- Oi en p' Si. to l-l- >3 o 1— » s" ^ o OTQ ^ -J •^ H :r a> t^ P 3 a C/) > T3 3 ft) o > d^ n r-f- pT l-K (-+ o' o 3 p H 3 3 4i- BILL 15 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Corporations Tax Act, 1972 The Hon. M. Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes Section 1. This section adds clause x to subsection 1 of section 24 of the Act to permit the deduction from the income of oil and gas cor- porations of a resource allowance in respect of their oil and gas wells and oil sands operations. Section 2. This section re-enacts subsections 1 and 2 of section 62 of the Act in order to allow the depletion allowance in respect of oil and gas corporations to be adjusted as a result of the resource allowance pro- vided by the amendment to section 24 of the Act. Also the rate of depletion allowance will be stated in the regulations rather than in the Act. This amendment is complementary to the amendment in section 1. BILL 15 1977 An Act to amend The Corporations Tax Act, 1972 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Subsection 1 of section 24 of The Corporations Tax Act, -^972, |j^4 w^^ being chapter 143, as amended by the Stautes of Ontario, 1973, chapter 157, section 5, 1974, chapter 75, section 3, 1975, chapter 17, section 8 and 1976, chapter 32, section 4, is further amended by adding thereto the following clause: {%) such amount as is allowed to the corporation by allowance regulation in respect of oil or gas resources in Canada, as defined by regulation. 2. Subsections 1 and 2 of section 62 of the said Act, as re-enacted l-^li\'}}'^ ' re-enacted by the Statutes of Ontario, 1974, chapter 75, section 4, are repealed and the following substituted therefor: (1) Except as otherwise provided in this section, there ^j\i°*|^^^ *'°'" may be deducted in computing a corporation's income for weii, mine ~ , 1, -f • or timber a fiscal year such amount as an allowance, if any, m respect umit of, (a) an oil or gas well, mineral resource or timber limit; or (b) the processing, to the prime metal stage or its equivalent, of ore from a mineral resource, as is allowed by regulation. (2) For greater certainty, it is hereby declared that, in Regulations the case of a regulation made under subsection 1, (a) there may be prescribed by such regulation an amount in respect of any or all, 8. 126 (2) (6), re-enacted (i) oil or gas wells or mineral resources in which the corporation has an interest, or (ii) processing operations described in clause b of subsection 1 that are carried on by the corporation; and (b) notwithstanding any other provision in this Act, the Lieutenant Governor in Council may prescribe the formula by which the amount that may be allowed to the corporation by such regulation shall be determined. 3. Clause b of subsection 2 of section 126 of the said Act, as enacted by the Statutes of Ontario, 1973, chapter 42, section 11, is repealed and the following substituted therefor: (6) its rest account and all its reserves, whether created from income or otherwise, except any reserve the creation of which is allowed as a charge against income under the provisions of Part II; and 88. 131, 132, re-enacted 4. Sections 131 and 132 of the said Act, as re-enacted by the Statutes of Ontario, 1973, chapter 42, sections 14 and 15, respectively, are repealed and the following substituted there- for: Rate of capital tax on non- banking corporations Rate of capital tax on banks Deductions from tax on paid-up capital 131. — (1) Except as provided in subsection 2, the tax payable under this Part by a corporation for a fiscal year calculated upon its taxable paid-up capital or taxable paid- up capital employed in Canada, as the case may be, in thisi subsection referred to as the "amount taxable", is three-| tenths of 1 per cent of the amount taxable. (2) The tax payable under this Part by a bank for a fiscal year calculated upon its taxable paid-up capital, in this subsection referred to as the "amount taxable", is three- fifths of 1 per cent of the amount taxable. 132. — (1) Except as provided in subsection 2, there may be deducted from the tax otherwise payable under this Part by a corporation for a fiscal year an amount equal to three- tenths of 1 per cent of that portion of the taxable paid-up capital or taxable paid-up capital employed in Canada, a? the case may be, that is deemed to be used by the cor poration in the fiscal year in each jurisdiction outside Ontario determined under rules prescribed by the regu lations. Section 3. This section re-enacts clause b of subsection 2 of section 126 of the Act to clarify the amount in respect of reserves that is to be included in the taxable paid-up capital of corporations that carry on the business of banking. Section 4. This section re-enacts section 131 of the Act to increase by 50 per cent the rate of tax on taxable paid-up capital. For corporations other than banking corporations, the rate is increased to three-tenths of 1 per cent (previously one-fifth of 1 per cent), and for banking corporations the rate is increased to three-fifths of 1 per cent (previously two-fifths of 1 per cent). The re-enactment of section 132 is complementary to the amendment to section 131. Section 5. This section enacts a new section 133a of the Act to provide a flat rate of tax on the taxable paid-up capital, in the amount of $50 where the taxable paid-up capital used in Ontario does not exceed $50,000, and $100 where the taxable paid-up capital used in Ontario exceeds $50,000 but does not exceed $100,000. Section 6. This section re-enacts section 136 of the Act to make it clear that the apportionment allowed under that section does not apply to the $50 minimum tax provided under section 133 of the Act. (2) There may be deducted from the tax otherwise i<^em payable under this Part by a bank for a fiscal year an amount equal to three-fifths of 1 per cent of that portion of its taxable paid-up capital, that is deemed to be used by the bank in the fiscal year in each jurisdiction outside Ontario determined under rules prescribed by the regu- lations. 5. The said Act is amended by adding thereto the following s- i33a section : 133a. — (1) Notwithstanding sections 131 and 132 and^^i^trate except as provided in subsections 1 and 2 of section 135, the tax payable under this Part shall be, (a) $50, where the taxable paid-up capital used in Ontario does not exceed $50,000; or (b) $100, where the taxable paid-up capital used in Ontario exceeds $50,000 but does not exceed $100,000. (2) For the purposes of subsection 1, "taxable paid-up [°^®^pr^" capital used in Ontario" means the taxable paid-up capital, or taxable paid-up capital employed in Canada, as the case may be, less that portion thereof that is deemed to be used by the corporation in the fiscal year in a jurisdiction outside Ontario determined under rules prescribed by the regu- lations. 6. Section 136 of the said Act is repealed and the following ^^i^e.^^^^^ substituted therefor: 136. Subject to section 133, where a corporation has a ^PP°''of°"" fiscal year of less than 365 days, the tax otherwise payable capital tax by it under this Part shall be in the proportion thereof that the number of days of such fiscal year bears to 365, except that this section does not apply, (a) to any corporation to which section 135 applies; or (b) to any corporation the fiscal year of which does not end on the same date each year, but that has been accepted for purposes of assessment under this Act. 7.— (1) This Act, except sections 4 and 5, comes into force on ^°XanT' the day it receives Royal Assent. application (2) Section 4 shall be deemed to have come into force on i^^em the 20th day of April, 1977 and applies to corporations in respect of all fiscal years ending after the 19th day of April, 1977, except that in determining the tax pay- able under Part III of the said Act, as amended by this Act, by a corporation in respect of which section 133a of the said Act is not applicable, for a fiscal year that ends after the 19th day of April, 1977 and that includes that day, the following rules apply, {a) determine the tax under Part III of the said Act, as amended by this Act that, but for the rules made applicable by this section, would be payable by the corporation for a fiscal year that ends after the 19th day of April, 1977 and that includes that day; {b) determine the proportion of the amount determined under clause a that the number of days of the fiscal year that follow the 19th day of April, 1977 bears to the total number of days of that fiscal year; (c) determine the tax that, but for the rules made applicable by this section, would be payable for the fiscal year that ends after the 19th day of April, 1977, and that includes that day, under Part III of the said Act, as that Part stood prior to the 20th day of April, 1977, and on the assumption that that Part was applicable to that fiscal year; (d) determine the proportion of the amount determined under clause c that the number of days of the fiscal year prior to the 20th day of April, 1977 bears to the total number of days of that fiscal year; {e) determine the aggregate of the amounts determined under clauses b and d in respect of the corporation, and the aggregate determined under clause e is the tax under Part III of the said Act, as amended by this Act, that is payable by the corporation for its fiscal year that ends after the 19th day of April, 1977 and that includes that day. Idem (3) Section 5 shall be deemed to have come into force on the 20th day of April, 1977 and appHes to corporations in respect of all fiscal years that end after the 19th day of April, 1977. Short title g^ jj^g short title of this Act is The Corporations Tax Amendment Act. 1977. cr^ to H a g w 5' ffi a> o 2: *-\ o ^ >dc/) ra 0 < S 3 < C M CD 5; c t\i p ►^ s ft) C<0 ?iu ^ T^ , «rA . H^ s ^ 0 ^ ^ c^ H in- fD O O ►3 > O 3 ►1 P > O --^ 5s p 5 BILL 15 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Corporations Tax Act, 1972 The Hon. Margaret Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 15 1977 An Act to amend The Corporations Tax Act, 1972 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Subsection 1 of section 24 of The Cofborations Tax Act, 1972, ^-^^c^}'^ 1 • 1 4 A-^ 1111,^ r ^ amended being chapter 14v3, as amended by the Stautes of Ontario, 1973, chapter 157, section 5, 1974, chapter 75, section 3, 1975, chapter 17, section 8 and 1976, chapter 32, section 4, is further amended by adding thereto the following clause : (x) such amount as is allowed to the corporation by auovrance regulation in respect of oil or gas resources in Canada, as defined by regulation. 2. Subsections 1 and 2 of section 62 of the said Act, as re-enacted iJl'-^'V'^ re-enacted by the Statutes of Ontario, 1974, chapter 75, section 4, are repealed and the following substituted therefor: (1) Except as otherwise provided in this section, there Aiji°^*°°6 fo'" may be deducted in computing a corporation's income for weii, mine a fiscal year such amount as an allowance, if any, m respect umit of, {a) an oil or gas well, mineral resource or timber limit; or (6) the processing, to the prime metal stage or its equivalent, of ore from a mineral resource, as is allowed by regulation. (2) For greater certainty, it is hereby declared that, in ^Regulations the case of a regulation made under subsection 1, {a) there may be prescribed by such regulation an amount in respect of any or all. 8.126(2) (ft), re-enacted (i) oil or gas wells or mineral resources in which the corporation has an interest, or (ii) processing operations described in clause b of subsection 1 that are carried on by the corporation; and (b) notwithstanding any other provision in this Act, the Lieutenant Governor in Council may prescribe the formula by which the amount that may be allowed to the corporation by such regulation shall be determined. 3. Clause b of subsection 2 of section 126 of the said Act, as enacted by the Statutes of Ontario, 1973, chapter 42, section 1 1 , is repealed and the following substituted therefor : « {b) its rest account and all its reserves, whether created from income or otherwise, except any reserve the creation of which is allowed as a charge against income under the provisions of Part II; and ss. 131, 132, re-enacted Rate of capital tax on non- banking corporations Rate of capital tax on banks Deductions from tax on paid-up capital 4. Sections 131 and 132 of the said Act, as re-enacted by the Statutes of Ontario, 1973, chapter 42, sections 14 and 15, respectively, are repealed and the following substituted there- for: 131. — (1) Except as provided in subsection 2, the tax payable under this Part by a corporation for a fiscal year calculated upon its taxable paid-up capital or taxable paid- up capital employed in Canada, as the case may be, in this subsection referred to as the "amount taxable", is three- tenths of 1 per cent of the amount taxable. (2) The tax payable under this Part by a bank for a fiscal year calculated upon its taxable paid-up capital, in this subsection referred to as the "amount taxable", is three- fifths of 1 per cent of the amount taxable. 132. — (1) Except as provided in subsection 2, there may be deducted from the tax otherwise payable under this Part by a corporation for a fiscal year an amount equal to three- tenths of 1 per cent of that portion of the taxable paid-up capital or taxable paid-up capital employed in Canada, as the case may be, that is deemed to be used by the cor- poration in the fiscal year in each jurisdiction outside Ontario determined under rules prescribed by the regu- lations. (2) There may be deducted from the tax otherwise i*®™ payable under this Part by a bank for a fiscal year an amount equal to three-fifths of 1 per cent of that portion of its taxable paid-up capital, that is deemed to be used by the bank in the fiscal year in each jurisdiction outside Ontario determined under rules prescribed by the regu- lations. 5. The said Act is amended by adding thereto the following |,/a^"^d section : 133a. — (1) Notwithstanding sections 131 and 132 and^^atrate except as provided in subsections 1 and 2 of section 135, the tax payable under this Part shall be, (a) $50, where the taxable paid-up capital used in Ontario does not exceed $50,000; or {b) $100, where the taxable paid-up capital used in Ontario exceeds $50,000 but does not exceed $100,000. (2) For the purposes of subsection 1, "taxable paid-up ^^f^P'"®" capital used in Ontario" means the taxable paid-up capital, or taxable paid-up capital employed in Canada, as the case may be, less that portion thereof that is deemed to be used by the corporation in the fiscal year in a jurisdiction outside Ontario determined under rules prescribed by the regu- lations. \. Section 136 of the said Act is repealed and the following re-enacted substituted therefor: 136. Subject to section 133, where a corporation has a ^PPoi"*io°- fiscal year of less than 365 days, the tax otherwise payable capital tax by it under this Part shall be in the proportion thereof that the number of days of such fiscal year bears to 365, except that this section does not apply, {a) to any corporation to which section 135 applies; or (b) to any corporation the fiscal year of which does not end on the same date each year, but that has been accepted for purposes of assessment under this Act. f7.— (1) This Act, except sections 4 and 5, comes into force on ^°XanT' the day it receives Royal Assent. application (2) Section 4 shall be deemed to have come into force on i^em the 20th day of April, 1977 and applies to corporations in respect of all fiscal years ending after the 19th day of April, 1977, except that in determining the tax pay- able under Part III of the said Act, as amended by this Act, by a corporation in respect of which section 133a of the said Act is not applicable, for a fiscal year that ends after the 19th day of April, 1977 and that includes that day, the following rules apply, (a) determine the tax under Part III of the said Act, as amended by this Act that, but for the rules made applicable by this section, would be payable by the corporation for a fiscal year that ends after the 19th day of April, 1977 and that includes that day; {b) determine the proportion of the amount determined under clause a that the number of days of the fiscal year that follow the 19th day of April, 1977 bears to the total number of days of that fiscal year; (c) determine the tax that, but for the rules made applicable by this section, would be payable for the fiscal year that ends after the 19th day of April, 1977, and that includes that day, under Part III of the said Act, as that Part stood prior to the 20th day of April, 1977, and on the assumption that that Part was applicable to that fiscal year; (d) determine the proportion of the amount determined under clause c that the number of days of the fiscal year prior to the 20th day of April, 1977 bears to the total number of days of that fiscal year; (e) determine the aggregate of the amounts determined under clauses b and d in respect of the corporation, and the aggregate determined under clause e is the tax under Part III of the said Act, as amended by this Act, that is payable by the corporation for its fiscal year that ends after the 19th day of April, 1977 and that includes that day. ■ i o o >-K > < w H O! C/) 3 n C w O) < w z M w C— I «— 1 c c U) c. t\i 13 ►■^ >« s n> r^ ^ Si- "< Si- to OS ON <-»■ <-t- p* Si- Si- ^ . 1— » «Si . H^ *?*. h-* s o r^ o rS vO 0^ OTQ ^ ^ Oq ^ "^ H tr re o o 1-1 > o 3 •-t > o o' r+ 3 O H P 3 n > 3 o M-i i-t- 1-^ vO -4 ro BILL 16 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Gift Tax Act, 1972 The Hon. M. Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes This Bill implements the proposal in the Treasurer's Budget to increase from $5,000 to $10,000 the exemption for gifts to individuals and to increase from $25,000 to $50,000 the aggregate amount of such gifts for which exemption may be claimed in a year. Section 1. The amendment clarifies the wording of section 6 so that promissory notes for non-arm's length transactions will be discounted only when the rate of interest provided for in that note is less than the rate prescribed by regulation, now 5 per cent per annum. The provision to be repealed reads as follows : 6. For the purposes of this Act, where an individual makes a loan to, or disposes of property to, a person with whom he is not dealing at arm's length in consideration of a promise or covenant to pay money, with or without interest, at a time in the future, the value of the promise or covenant to pay shall be discounted at a rate of interest prescribed in the regulations. Section 2. The amendment will enable a donor to give to his spouse gifts exempt from tax by way of a trust or settlement. The Act presently denies exemption where a gift is made to a spouse by way of the creation of a settlement or the transfer of property to a trust. The exemption proposed in the amendment applies only to the value of the interest given to the spouse and only if the trust or settlement is in writing, is irrevocable, provides that all of the income earned by the trust during the lifetime of the spouse will belong to the spouse, and does not create interests in the property given in favour of unborn persons or persons whose interest is not absolutely vested in them. The value of any interest given to the beneficiary of a trust, other than the donor's spouse, will be liable to tax. BILL 16 1977 An Act to amend The Gift Tax Act, 1972 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Section 6 of The Gift Tax Act, 1972, being chapter 12, is ^g^^nj^jj^g^i repealed and the following substituted therefor: 6. For the purposes of this Act, where an individual makes Promises a loan to, or disposes of property to, a person with whom consideration he is not dealing at arm's length in consideration of a promise or covenant to pay money at a time in the future, at a rate of interest less than the rate of interest prescribed in the regulations, the value of the promise or covenant to pay shall be discounted at a rate of interest prescribed in the regulations. 2. Subsection 1 of section 10 of the said Act, as amended bv thesio(i). -' amended Statutes of Ontario, 1973, chapter 165, section 2, 1975, chapter 15, section 1 and 1976, chapter 11, section 1, is further amended by adding thereto the following clause: {go) the value of any beneficial interest given by a donor to his spouse by way of a gift made by the creation of a settlement or the transfer of property to a trust, if such settlement or trust, (i) is made in writing, (ii) contains no provision by which any part of the settlement or trust can be revoked, altered or amended in any way by any person, (iii) provides that, during the lifetime of the donor's spouse, all property or benefits re- ceived by the trustee or trustees as income of, or determined by the trustee or trustees to be income of, such settlement or trust shall be held for or paid to only the donor's spouse or such spouse's executors or administrators, (iv) immediately, absolutely and indefeasibly vests the whole beneficial interest given by the donor only in persons who are alive at the time of the gift and whose interest in such settlement or trust cannot thereafter be divested by the occurrence of any event pro- vided for in such settlement or trust, and (v) contains and is subject to no discretion exer- cisable by any person for or in favour of any object or person other than the donor's spouse. s. 11 (1). amended 3. — (1) Subsection 1 of section 11 of the said Act, as amended by the Statutes of Ontario, 1973, chapter 165, section 3, and 1975, chapter 15, section 2, is further amended by striking out "five" in the eighth line, as inserted by the amendment of 1975, and inserting in Ueu thereof "ten" and by striking out "$25,000" in the fourteenth line, as inserted by the amendment of 1975, and inserting in lieu thereof "$50,000". 8.11, amended Computation of taxable value of gift (2) The said section 11 is amended by adding thereto the following subsection: (3) In computing the taxable value of a gift with respect to any part of which exemption is conferred by clause ga of section 10, that part of the value of the property given and to which exemption under clause ga of section 10 does not extend shall be determined without regard to the effect thereon of any discretion that is contained in the settlement or trust described in clause ga of section 10 or that may otherwise be exercised to make payments out of the property that is subject to such settlement or trust or to alter the interest of any person in such settlement or trust. * 8. 18(1) (6), re-enacted 4. Clause h of subsection 1 of section 18 of the said Act, as re-enacted by the Statutes of Ontario, 1975, chapter 15, sec- tion 3, is repealed and the following substituted therefor: {h) a gift made to an individual having a value of not more than $10,000 if the aggregate value of gifts made to individuals by the donor in the year does not exceed $50,000, Section 3. — Subsection 1. The amendment increases from $5,000 to $10,000 the exemption for gifts to individuals otherwise than by way of trust, and increases from $25,000 to $50,000 the aggregate amount of the exemption for such gifts in any one year. Subsection 1 of section 1 1 of the Act presently reads as follows : (7) In computing the taxable value of a gift, except a gift made by the creation of a settlement or the transfer of property to a trust, made by a donor in a year to a donee who is an individual, there may be deducted in the case of gifts made to persons, other than the spouse of the donor, the lesser of, [a) the value of the gift ; or (b) the amount, if any, by which five thousand dollars exceeds the value of all other gifts, except gifts that are exempt from tax under this A ct and gifts made by the creation of a settlement or the transfer of property to a trust, made by the donor to the donee in the year and before the time when the gift was made, but in any year not more than an aggregate of $25,000 may be deducted under this section from the value of gifts made by the donor in that year. Subsection 2. The amendment provides for the valuation of an interest other than the interest of the donor's spouse in a trust in which the interest of the donor's spouse is exempt under the amendment proposed in section 2 of this Bill. Section 4. The amendment is consequential on amendments made in section 3 of the Bill. The repealed clause b reads: (b) a gift made to an individual having a value of not more than $5,000 if the aggregate value of gifts made to individuals by the donor in the year does not exceed $25,000, Section 5. — Subsection 1. The amendments proposed are consequen- tial on the increased exemptions proposed in section 3 of the Bill. Subsection 6 of section 34 of the Act presently reads as follows: (6) Where, for the purposes of calculating the taxable value of gifts made by a donor in a year, the donor has or is entitled, by virtue of sub- section 1 of section II, to deduct an aggregate of $25,000, in deter- mining the taxable value of a gift of the class described in subsection 1 of section 11 for the purpose of calculating the liability of the donee of the gift under subsection 1 , (a) the $25,000 deduction minus any deduction mentioned therein, shall be apportioned pro rata among the donees of gifts of the class described in subsection 1 of section 11 made by the donor in that year on the basis of the total value of those gifts made to each donee except that not more than $5,000 shall be apportioned to the gifts made to any one donee under this clause ; and (b) the taxable value of those gifts received by each donee shall be determined as the value of the gifts less the portion of the deduction apportioned to that donee. Subsection 2. The subsection proposed to be added by the amend- ment will make the property in Ontario of those who receive gifts from a donor in Ontario but are not resident in Ontario liable to tax if the donor, on whom the primary liability for tax is imposed by the Act, does not pay the tax. The previous six subsections of section 34 impose a secondary liability for tax personally upon donees who are resident in Ontario at the time a gift is made to them. The new subsection, within the limits con- stitutionally imposed on the Province, extends the liability with respect to donees resident outside the Province, but the liability arises only where such donees have property within the Province. Section 6. The re-enactment of subsection 1 of section 47 extends the lien now conferred by that subsection to real property in Ontario that belongs to a donee who is not resident in Ontario and whose property is, by the amendment proposed in section 5 (2) of this Bill, made liable to tax that the donor fails to pay. In addition, the wording of the proposed sub- section has been changed to make it accord more precisely with the practice and procedure in Ontario. The new subsection la is intended to provide a method of realizing upon the lien created by subsection 1. Section 47 (1) of the Act, before the amendments proposed here, reads as follows : (/) Where tax, interest or penalties are payable by any person under this Act, the Minister may file or cause to be filed in the proper registry office or office of land titles, as the case may be, a certificate of lien in prescribed form against real property of which that person is the registered owner setting out a description of the real property and the amount of tax, interest and penalties owing by that person, and, upon the certificate being filed, the interest of that person in the land described therein is subject to a lien in favour of the Crown for the amount owing, subject to any other interests or encumbrances filed prior thereto, and the lien may be enforced in the same manner as a judgment of the Supreme Court in respect of which a certificate of judgment has been filed. 5. — (1) Subsection 6 of section 34 of the said Act, as amended^- ^^ (6). 1 1 o r ^^ r\n amenaed by the Statutes of Ontario, 1975, chapter 15, section 4, is further amended by striking out "$25,000" in the amendment of 1975 in the fourth line and in the amend- ment of 1975 in the eighth line and inserting in lieu thereof in each instance "$50,000" and by striking out "$5,000" in the amendment of 1975 in the thirteenth line and inserting in lieu thereof "$10,000". (2) The said section 34 is amended by adding thereto the |j^|jijie,i following subsection: (7) Notwithstanding subsection 1, where a donor fails to doneer^*^^"*^ pay, as herein required, all or a portion of the tax payable by him on or in respect of gifts made by him in a year to a donee who is not a resident of Ontario at the time the gift was made, the property of such donee that is situate in Ontario at the time the gift was made, including any property in Ontario comprised in the gift to such donee, is liable for the payment to the Treasurer of Ontario of the same amount of tax as would be payable by the donee in accordance with this section if he were a resident of Ontario at the time the gift was made to him. 6. Subsection 1 of section 47 of the said Act is repealed and^g^g^^^j^g^ the following substituted therefor: (1) Where tax, interest or penalties are payable by any Lien person under this Act, or where any property is liable for property the payment of any tax, interest or penalties payable under this Act, the Minister may file or cause to be filed in the proper land registry office a certificate of lien in prescribed form against real property belonging to such person, or against any real property liable for the payment of any tax, interest or penalties payable under this Act, and setting out a description of the real property and the amount of tax, interest or penalties for which such person or property is hable, and upon the certificate's being filed, the real property described therein is, to the extent of the interest therein of any person liable to pay any tax, interest or penalties under this Act or whose property in Ontario is liable for the pay- ment thereof, subject to a lien in favour of the Crown for the amount owing, and such lien has priority over all interests in such real property, except interests and encumbrances filed prior to the registration of the certificate and entitled to priority over the Crown. (la) Upon the filing of the certificate referred to in sub- Enforcement section 1 , the Minister may deliver to the sheriff of the county or district where the real property against which the certi- ficate has been filed is situated, a warrant of execution issued by or on behalf of the Minister for the amount claimed in the certificate, together with interest accruing thereon under this Act and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court on a judgment in favour of the Crown and shall entitle the Crown to payment ini accordance with the priorities and preferences attaching to or resulting from the lien arising under subsection 1. Commence- 7, — (1) This Act, cxcept sections 1 to 4 and subsection 1 of section 5, comes into force on the day it receives Royal Assent. Idem (2) Sections 1, 2, 3, 4 and subsection 1 of section 5 shall be deemed to have come into force on the 1st day of January, 1977. Short title §. The short title of this Act is The Gift Tax Amendment Act, 1977. o <2 t» H X g; w 5' ffi (7)' r-t- CD o i-l o S ?0 en a> o < 2 13 < C w a> z Si 54. >i >3 S) ^ H sr n > 9. 13 > O H c-t- p <-»■ X o > i <-) f-t n> 3 1— » a ^ ro BILL 16 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Gift Tax Act, 1972 The Hon. Margaret Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 16 1977 An Act to amend The Gift Tax Act, 1972 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Section 6 of The Gift Tax Act, 1972, being chapter 12, is ^g^^^j^^t^^ repealed and the following substituted therefor: 6. For the purposes of this Act, where an individual makes Promises a loan to, or disposes of property to, a person with whom consideration he is not dealing at arm's length in consideration of a promise or covenant to pay money at a time in the future, at a rate of interest less than the rate of interest prescribed in the regulations, the value of the promise or covenant to pay shall be discounted at a rate of interest prescribed in the regulations. 2. Subsection 1 of section 10 of the said Act, as amended by the IJ^^^^^^^^ Statutes of Ontario, 1973, chapter 165, section 2, 1975, chapter 15, section 1 and 1976, chapter 11, section 1, is further amended by adding thereto the following clause: {go) the value of any beneficial interest given by a donor to his spouse by way of a gift made by the creation of a settlement or the transfer of property to a trust, if such settlement or trust, (i) is made in writing, (ii) contains no provision by which any part of the settlement or trust can be revoked, altered or amended in any way by any person, (iii) provides that, during the lifetime of the donor's spouse, all property or benefits re- ceived by the trustee or trustees as income of, or determined by the trustee or trustees to be income of, such settlement or trust shall be held for or paid to only the donor's spouse or such spouse's executors or administrators, (iv) immediately, absolutely and indefeasibly vests the whole beneficial interest given by the donor only in persons who are alive at the time of the gift and whose interest in such settlement or trust cannot thereafter be divested by the occurrence of any event pro- vided for in such settlement or trust, and (v) contains and is subject to no discretion exer- cisable by any person for or in favour of any object or person other than the donor's spouse. 8. 11 (1), amended 3. — (1) Subsection 1 of section 11 of the said Act, as amended by the Statutes of Ontario, 1973, chapter 165, section 3, and 1975, chapter 15, section 2, is further amended by striking out "five" in the eighth line, as inserted by the amendment of 1975, and inserting in lieu thereof "ten" and by striking out "$25,000" in the fourteenth line, as inserted by the amendment of 1975, and inserting in lieu thereof "$50,000". s. 11, amended Computation of taxable value of gift (2) The said section 11 is amended by adding thereto the following subsection: (3) In computing the taxable value of a gift with respect to any part of which exemption is conferred by clause ga of section 10, that part of the value of the property given and to which exemption under clause ga of section 10 does not extend shall be determined without regard to the effect thereon of any discretion that is contained in the settlement or trust described in clause ga of section 10 or that may otherwise be exercised to make payments out of the property that is subject to such settlement or trust or to alter the interest of any person in such settlement or trust. 8. 18(1) (6), re-enacted 4, Clause b of subsection 1 of section 18 of the said Act, as re-enacted by the Statutes of Ontario, 1975, chapter 15, sec- tion 3, is repealed and the following substituted therefor: {b) a gift made to an individual having a value of not more than $10,000 if the aggregate value of gifts made to individuals by the donor in the year does not exceed $50,000, I 5. — (1) Subsection 6 of section 34 of the said Act, as amended^- ^^^i-^ by the Statutes of Ontario, 1975, chapter 15, section 4, is further amended by striking out "$25,000" in the amendment of 1975 in the fourth Hne and in the amend- ment of 1975 in the eighth hne and inserting in lieu thereof in each instance "$50,000" and by striking out "$5,000" in the amendment of 1975 in the thirteenth line and inserting in lieu thereof "$10,000". (2) The said section 34 is amended by adding thereto the Ij^lu^ed following subsection: (7) Notwithstanding subsection 1, where a donor fails to doneer^^^°* pay, as herein required, all or a portion of the tax payable by him on or in respect of gifts made by him in a year to a donee who is not a resident of Ontario at the time the gift was made, the property of such donee that is situate in Ontario at the time the gift was made, including any property in Ontario comprised in the gift to such donee, is liable for the payment to the Treasurer of Ontario of the same amount of tax as would be payable by the donee in accordance with this section if he were a resident of Ontario at the time the gift was made to him. 6. Subsection 1 of section 47 of the said Act is repealed and^g^^^];^^^;^^^ the following substituted therefor: (1) Where tax, interest or penalties are payable by any Lien person under this Act, or where any property is liable for property the payment of any tax, interest or penalties payable under this Act, the Minister may file or cause to be filed in the proper land registry office a certificate of lien in prescribed form against real property belonging to such person, or against any real property liable for the payment of any tax, interest or penalties payable under this Act, and setting out a description of the real property and the amount of tax, interest or penalties for which such person or property is hable, and upon the certificate's being filed, the real property described therein is, to the extent of the interest therein of any person liable to paj^ any tax, interest or penalties under this Act or whose property in Ontario is hable for the pay- ment thereof, subject to a lien in favour of the Crown for the amount owing, and such lien has priority over all interests in such real property, except interests and encumbrances filed prior to the registration of the certificate and entitled to priority over the Crown. (la) Upon the filing of the certificate referred to in sub- Enfo^^cement section 1 , the Minister may deliver to the sheriff of the county or district where the real property against which the certi- ficate has been filed is situated, a warrant of execution issued by or on behalf of the Minister for the amount claimed in the certificate, together with interest accruing thereon under this Act and the costs and expenses of the sheriff, and such warrant has the same force and effect as a writ of execution issued out of the Supreme Court on a judgment in favour of the Crown and shall entitle the Crown to payment in accordance with the priorities and preferences attaching to or resulting from the lien arising under subsection 1. Commence- ment 7. — (1) This Act, except sections 1 to 4 and subsection 1 of section 5, comes into force on the day it receives Royal Assent. Idem (2) Sections 1, 2, 3, 4 and subsection 1 of section 5 shall be deemed to have come into force on the 1st day of January, 1977. Short title g. The short title of this Act is The Gift Tax Amendment Act, 1977. H K W ffi g; O 5] Z on' S ^ > O o t-h > < w H 3 C/) o (= w n> < w 5! w w c Uj c ^o 3 o ^^ ^ >« S^ '< S Si- 0^ On e-t- t^O OS ^ to ET p' 5^ 3- 1—' ^ . 1— » ^ . ^ -J ^ ^' --4 ■^ "»4 ^1 H 3* (D > 9. 3 1-h > o H r-t- p r-t- X O > P 3 o r-t- a> 3 1— » CL O -^ ro BILL 17 Government Bill 1st Session, 31st Legislature, Ontario 26 Elizabeth II. 1977 An Act to amend The Motor Vehicle Fuel Tax Act The Hon. M. Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario Explanatory Notes General The amendments proposed in this Bill are intended to implement the proposal in the Treasurer's Budget expanding the requirement for regis- tration of those who deal in middle distillate petroleum fuels. The classes of registrant, and their duties, for the implementation of this proposal will be introduced by regulation, the power to make which is proposed as one of the amendments in this Bill. In addition, the Bill proposes many adminis- trative amendments to the Act for the collection of tax and to facilitate the operation of the expanded system of registration. Section 1. The amendment re-enacts section 2 of the Act, which deals with registrants, clarifies the requirements of registration presently in the Act, extends the section to deal with registration required by regulation, provides for hearings before refusal, suspension or cancellation of regis- tration, and proposes a more effective penalty for contravention of the requirement to register. BILL 17 1977 An Act to amend The Motor Vehicle Fuel Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Section 2 of The Motor Vehicle Fuel Tax Act, being chapter 282 pg^^nacted of the Revised Statutes of Ontario, 1970, as amended by the Statute^ of Ontario, 1975, chapter 10, section 1, is repealed and the following substituted therefor: 2. — (1) Unless he is a registrant, no person shall supply P^rspns fuel that is taxable or exempt from tax under this Act or register the regulations to any person, except as authorized in writing by the Minister, and every person in the business of supply- ing fuel for any purpose shall register with the Minister as required by this section or the regulations. (2) Unless he is a registrant or is specifically exempted by ^^^^ the regulations from the application of this subsection, no person shall receive fuel as a registrant. (3) Where the Minister is satisfied that the applicant fori<^®™ a registration certificate will be acquiring fuel principally, {a) for resale by the applicant ; {b) to be used by the apphcant in a manner or for a purpose that will render such fuel exempt from tax by virtue of this Act or the regulations, or that will entitle the applicant to apply to the Minister for a full refund of the tax imposed by this Act on such fuel, and that the amount of fuel to be used by the applicant will generally exceed 75 gallons of fuel per month; or (c) to be disposed of or consumed by the applicant in a manner prescribed by the regulations for the purpose of this subsection, the Minister may issue a registration certificate to such appHcant, and the certificate may be made subject to such conditions and restrictions as the Minister considers necessary to ensure that fuel acquired by the appHcant through his use of the certificate will be dealt with by the apphcant in accordance with clause a, h or c, as the case may be. Idem (4) Every person required to be a registrant under this section or the regulations shall, by such form and in such manner as the Minister requires, apply for registration, and subject to this Act and the regulations, a registration certi- ficate shall be issued by the Minister, and every such certi- ficate shall expire on the 31st day of March next following the date of its issue, is not transferable, and may be renewed annually if the registrant to whom it is issued is not in contravention of this Act or the regulations and continues to satisfy the conditions under which the certificate is issued. Refusal to issue and cancellation Idem Service of notice (5) The Minister may refuse to issue a registration certi- ficate to any applicant, or may suspend or cancel any registration certificate, if the person to whom the certificate is issued, or if an applicant to whom a certificate has been issued, contravenes or has permitted the contravention of the provisions of this Act or the regulations or the conditions or restrictions upon which his certificate is or was issued, but, subject to subsection 6, before any refusal, suspension or cancellation is made, the applicant or registrant, as the case may be, shall be afforded an opportunity, at a hearing before the Minister or some person authorized by the Minister to hold the hearing, to show cause why the issue of a registration certificate should not be refused or why the registration certificate should not be suspended or cancelled, whichever is the case. (6) Where a registrant has failed to remit the tax that he has collected under this Act or that is payable by him under this Act at the time and in the manner required by this Act or the regulations, the Minister may, by notice in writing to the registrant and without a hearing, suspend forthwith the registrant's certificate of registration, and the notice shall state the failure of the registrant for which his certificate is suspended and shall fix a day, not more than fifteen days after the date of the suspension, for a hearing before the Minister or some person authorized by him to hold the hearing to determine whether the registrant's suspension should be rescinded or continued and upon what conditions the suspension may be rescinded or continued. (7) The notice under subsection 6 and a notice of hearing under subsection 5 is properly served if served either by Section 2. The amendment adds a subsection to provide that amounts paid in lieu of tax shall be treated as tax for the purposes of the Act. Section 3. The reference to "a registrant" added by the amendment will avoid the technical commission of an offence under section 4 by a registrant who, by virtue of his being a registrant, may have fuel in his possession on which he is not required to pay tax under the Act and could not, therefore, as the section formerly stood, prove that tax had been paid. Section 4. The amendments authorize the stopping of a motor vehicle. Without the amendment, section 4a only allows the detention of the vehicle, and the amendment will clarify that this includes the power to stop the vehicle as well as to detain it. personal service or by registered mail sent to the last known address of the registrant or applicant, as the case may be. (8) Every person who, offence (a) is required to become a registrant by this section or by the regulations and who fails to do so ; (b) being a registrant, contravenes this Act or the regu- lations or any condition or restriction contained in his certificate of registration issued under this Act or the regulations; or (c) not being a registrant, supplies, disposes of, consumes or deals with any fuel in a manner that would require him to be a registrant under this Act or the regulations, is guilty of an offence and on summary conviction is liable to a fine of not less than the amount of tax, if any, that should have been paid or remitted by such person in com- pliance with this Act or the regulations, plus an additional amount of not less than $100 and not more than $2,000. 2. Section 3 of the said Act, as amended by the Statutes of |;^'en^gj Ontario, 1972, chapter 14, section 2 and 1972, chapter 147, section 2, is further amended by adding thereto the following subsection : (10) Where any person selling fuel receives any payment ^^fg^^*^ made as or in lieu of the tax payable under this Act, such of tax payment shall be dealt with and accounted for as tax under this Act, and any person who fails to deal with and account for such payment in accordance with this Act and the regu- lations is hable to the same penalties and fines, and is guilty of the same offences, as would apply if the payment were the tax payable under this Act, and the Minister may collect and receive such payment by the same remedies and procedures as are provided by this Act or the regulations for the collection and enforcement of the tax payable under this Act. 3. Subsection 1 of section 4 of the said Act, as amended by the amended Statutes of Ontario, 1972, chapter 147, section 3, is further amended by adding at the end thereof "or that he is a registrant". 4. — (1) Subsection 1 of section 4a of the said Act, as enacted by Ij^^ded the Statutes of Ontario, 1972, chapter 147, section 4, is amended by inserting after "may" in the sixth hne "stop and". s. 4a (2), amended S.5, amended 8.5, amended Respon- sibility of purchaser (2) Subsection 2 of the said section 4a is amended by inserting after "be" in the first hne "stopped and". 5. — (1) Section 5 of the said Act is amended by striking out "upon request therefor" in the second hne. (2) The said section 5 is further amended by adding thereto the following subsection: (2) Upon the request of the Minister, every purchaser of fuel and every person in control of a motor vehicle that contains fuel shall furnish to the Minister proof that the fuel was purchased from a registrant or that tax has been paid on such fuel or that no tax was payable under this Act on such fuel. s. 7 (2), re-enacted Exception R.S.0. 1970, C.202 6. Subsection 2 of section 7 of the said Act, as amended by the Statutes of Ontario, 1975, chapter 10, section 2, is repealed and the following substituted therefor: (2) No registrant shall collect the tax imposed by this Act on fuel suppUed by him to a registrant, unless the fuel is supphed by dehvering it directly into the fuel tank of a motor vehicle licensed or required to be hcensed under The Highway Traffic Act, or unless the registrant to whom the fuel is supplied is required or permitted by this Act or the Minister to pay the tax imposed by this Act. s. 106 (1), amended 7. — (1) Subsection 1 of section 106 of the said Act, as enacted by the Statutes of Ontario, 1972, chapter 147, section 7, is amended by inserting after "in" in the second Une "subsection 8 of section 2 or in". 8. 106 (2), amended (2) Subsection 2 of the said section 106 is amended by insert- ing after "under" in the first hne "subsection 8 of section 2 or under" and by inserting after "collected" in the sixth line and in the seventh line "or paid". ss. 16a, 166, enacted 8. The said Act is amended by adding thereto the following sections : Investi- gations 16a. — (1) Any person thereunto authorized by the Minister for any purpose related to the administration or enforcement of this Act or the regulations may at all reasonable times enter and examine any motor vehicle containing fuel oi enter into any premises where any business is carried on oi any property is kept or anything is done in connection witli any business or where any books or records are or should bf kept pursuant to this Act or the regulations, and may, Section 5. The amendment in subsection 1 removes the provision that a seller of fuel was required to provide an invoice only when requested to do so. He will now be obliged to provide the invoice without a request being made. The amendment in subsection 2 makes it clear that a pur- chaser of fuel or the operator of a motor vehicle that consumes fuel must furnish to the Minister proof that the fuel was purchased from a registrant, that tax was paid on the fuel, or that no tax was payable. Section 6. The amendment re-enacts subsection 2 as it was pre- viously in force and adds an exception that will allow a registrant to collect the tax from another registrant where that registrant is required to pay tax (as he might be if he were a purchaser) or where the registrant is per- mitted to pay tax (as some registrants do for their own convenience). Section 7. The amendments are consequential on the amendment made in section 1 of the Bill. Section 8. The amendment adds two new sections to the Act, sections 16a and 166. Section 16a adds to the Act investigation provisions that are common in the other revenue statutes of the Province. Section I6b will be required to implement the expanded registration system proposed in the Treasurer's Budget. That section will require the giving of certain information by those who carry fuel in bulk in Ontario, and provides for the detention of a carrier's truck until accurate information is given. The rapidity with which fuel can be transported throughout the Province, and the fact that fuel that is taxable when it is used in a motor vehicle is the same as fuel that is exempt from tax when it is used as heating oil make it necessary to obtain the information specified in the amendment to deter- mine that fuel purchased exempt from tax is not subsequently being put to a use that attracts tax. {a) audit or examine the books, records, accounts, vouchers, letters, telegrams or other documents that relate or may relate either to the information that is or should be in the books or records or to the amount of tax that is or should be collected, payable or remitted under this Act or the regulations; {b) examine any fuel or motor vehicle or the property described by an inventory or any property, process or matter, an examination of which may, in his opinion, assist him in determining the accuracy of any inventory or in ascertaining the information that is or should be in the books or records or the amount of any tax payable under this Act or that should be remitted or collected under this Act or the regulations; (c) require a purchaser, retailer, wholesaler, importer, registrant or an operator of a motor vehicle Hable to collect or pay or considered possibly liable to collect or pay tax under this Act or, if such purchaser, retailer, wholesaler, importer, registrant or operator is a partnership or corporation, require a partner or the president, manager, secretary or any director, agent or representative thereof or any other person on the premises of such purchaser, retailer, wholesaler, importer or registrant or in the motor vehicle of such operator to give him all reasonable assistance with his audit or examination and to answer all questions relating to the audit or examination either orally or, if he so requires, in writing, on oath or by statutory declaration, and for that purpose require such person to attend at the premises with him; and {d) if during the course of an audit or examination it appears to him that there has been a contravention of this Act or the regulations, seize and take away any of the records, books, accounts, vouchers, letters, telegrams and other documents and retain them until they are produced in any court proceedings. (2) The Minister may, for any purpose related to the ^^^'^ administration or enforcement of this Act or the regulations, by registered letter or by a demand served personally, require from any purchaser, retailer, wholesaler, importer, registrant, or from the owner or operator of a motor vehicle, or if any of them is a partnership or corporation, from a partner of the president, manager, secretary or any director, agent or representative thereof. {a) any information or a return as required under this Act or the regulations; or {b) production or production on oath of any books, letters, accounts, invoices, statements, financial or otherwise, or other documents, within such reasonable time as is stipulated therein. Idem (3) The Minister may, for any purpose related to the administration or enforcement of this Act or the regulations, with the approval of a judge of the Supreme Court, which approval the judge is hereby empowered to give upon ex parte apphcation, authorize in writing any officer of the Ministry of Revenue, together with such members of the Ontario Provincial Police Force or other peace officers as he calls upon to assist him and such other persons as are named therein, to enter and search, if necessary by force, any build- ing, receptacle or place, or any motor vehicle containing fuel, for documents, books, records, papers or things that may afford evidence as to the contravention of any provision of this Act or the regulations and to seize and take away any such documents, books, records, papers or things and retain them until they are produced in any court proceedings. Production of evidence to prove tax payable by another person (4) The Minister may, by registered letter or by a demand that is served personally, require the production, under oath or otherwise, by any person, partnership, syndicate, trust or corporation, or by his or its agent or officer, of any letters, accounts, invoices, statements, financial or otherwise, books or other documents in the possession or in the control of such person, partnership, syndicate, trust or corporation or of his or its agent or officer for the purpose of determining what tax, if any, is collectable or payable under this Act by any purchaser or registrant, and production thereof shall be made within such reasonable time as is stipulated in such registered letter or demand. Copies (5) Where a book, record or other document has been seized, examined or produced under this section, the person by whom it is seized or examined or to whom it is produced, or any officer of the Ministry of Revenue, may make, or cause to be made, one or more copies thereof, and a document purporting to be certified by the Minister or a person there- unto authorized by the Minister to be a copy made pursuant to this section is admissible in evidence and has the same probative force as the original document would have had if it had been proved in the ordinary way. (6) No person shall hinder or molest or interfere with any compliance person doing anything that he is authorized by this section to do, or prevent or attempt to prevent any person doing any such thing. (7) Notwithstanding any other law to the contrary, every wem person shall, unless he is unable to do so, do everything that he is required by this section to do. (8) Every person who contravenes this section or who fails offence to provide any information or make any return requested under this section is guilty of an offence and on summary conviction is hable to a line of $50 for each day during which the offence continues. I6b. — (1) Every person carrying fuel in a motor vehicle information that is equipped to carry more than 40 gallons of fuel in a shipments tank other than the fuel tank of the motor vehicle, and the ° operator of every such motor vehicle, shall, when requested by the Minister or any person authorized by the Minister, provide any or all of the following information, {a) the name and address of any person from whom the fuel being carried was obtained, and the name and address of any person to whom the fuel so obtained was delivered or is to be delivered ; {b) the quantity of fuel delivered or to be delivered to any person ; or (c) the use or intended use, if known, to be made of any fuel delivered or to be delivered from such motor vehicle, and where no written evidence substantiating such informa- tion is available at the time that the request is made, the person to whom the request is made shall orally supply the information and may be required to certify in writing any of such oral statements. (2) Where the information required to be furnished by sub- of®motor° section 1 is not given, or where the information that is vehicle furnished is false, the motor vehicle may be detained by the Minister until the information is provided or until the true information is provided, and during any such detention, the Crown shall not be liable for any damages to the motor vehicle or to its owner or operator or otherwise that may occur or be alleged to occur by reason of the detention of the motor vehicle pending the furnishing of the information required by subsection 1 or the furnishing of accurate information as required by subsection 1. 8 ^•2^' ^ ^ 0. Section 21 of the said Act, as amended by the Statutes of Ontario, 1972, chapter 147, section 11 and 1975, chapter 10, section 7, is further amended by adding thereto the following subsections : id CO n> o < 2 ft) 3 < c w n z c-o t^O :* S ?^ a. ?o ^ Oi S) S) s^ ?^ *A. s' $ Ortj c^ 3 'fD to H fD o M 3 <> ft) o 3- r+ p X > o BILL 17 1st Session, 31st Legislature, Ontario 26 Elizabeth II, 1977 An Act to amend The Motor Vehicle Fuel Tax Act The Hon. Margaret Scrivener Minister of Revenue TORONTO Printed by J. C. Thatcher, Queen's Printer for Ontario BILL 17 1977 An Act to amend The Motor Vehicle Fuel Tax Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : 1. Section 2 of The Motor Vehicle Fuel Tax Act, being chapter 282 rg^^nacted of the Revised Statutes of Ontario, 1970, as amended by the Statute^ of Ontario, 1975, chapter 10, section 1, is repealed and the following substituted therefor: 2. — (1) Unless he is a registrant, no person shall supply Perscms^ ^^ fuel that is taxable or exempt from tax under this Act or register the regulations to any person, except as authorized in writing by the Minister, and every person in the business of supply- ing fuel for any purpose shall register with the Minister as required by this section or the regulations. (2) Unless he is a registrant or is specifically exempted by ^^®™ the regulations from the application of this subsection, no person shall receive fuel as a registrant. (3) Where the Minister is satisfied that the apphcant fori**®"^ a registration certificate will be acquiring fuel principally, (a) for resale by the applicant ; {h) to be used by the applicant in a manner or for a purpose that will render such fuel exempt from tax by virtue of this Act or the regulations, or that will entitle the applicant to apply to the Minister for a full refund of the tax imposed by this Act on such fuel, and that the amount of fuel to be used by the applicant will generally exceed 75 gallons of fuel per month; or (c) to be disposed of or consumed by the applicant in a manner prescribed by the regulations for the purpose of this subsection. the Minister may issue a registration certificate to such apphcant, and the certificate may be made subject to such conditions and restrictions as the Minister considers necessary to ensure that fuel acquired by the apphcant through his use of the certificate will be dealt with by the applicant in accordance with clause a, b or c, as the case may be. Idem (4) Every person required to be a registrant under this section or the regulations shall, by such form and in such manner as the Minister requires, apply for registration, and subject to this Act and the regulations, a registration certi- ficate shall be issued by the Minister, and every such certi- ficate shall expire on the 31st day of March next following the date of its issue, is not transferable, and may be renewed annually if the registrant to whom it is issued is not in contravention of this Act or the regulations and continues to satisfy the conditions under which the certificate is issued. Refusal to issue and canceUation Idem Service of notice (5) The Minister may refuse to issue a registration certi- ficate to any applicant, or may suspend or cancel any registration certificate, if the person to whom the certificate is issued, or if an applicant to whom a certificate has been issued, contravenes or has permitted the contravention of the provisions of this Act or the regulations or the conditions or restrictions upon which his certificate is or was issued, but, subject to subsection 6, before any refusal, suspension or cancellation is made, the applicant or registrant, as the case may be, shall be afforded an opportunity, at a hearing before the Minister or some person authorized by the Minister to hold the hearing, to show cause why the issue of a registration certificate should not be refused or why the registration certificate should not be suspended or cancelled, whichever is the case. (6) Where a registrant has failed to remit the tax that he has collected under this Act or that is payable by him under this Act at the time and in the manner required by this Act or the regulations, the Minister may, by notice in writing to the registrant and without a hearing, suspend forthwith the registrant's certificate of registration, and the notice shall state the failure of the registrant for which his certificate is suspended and shall fix a day, not more than fifteen days after the date of the suspension, for a hearing before the Minister or some person authorized by him to hold the hearing to determine whether the registrant's suspension should be rescinded or continued and upon what conditions the suspension may be rescinded or continued. (7) The notice under subsection 6 and a notice of hearing under subsection 5 is properly served if served either by personal service or by registered mail sent to the last known address of the registrant or applicant, as the case may be. (8) Every person who, offence (a) is required to become a registrant by this section or by the regulations and who fails to do so ; {b) being a registrant, contravenes this Act or the regu- lations or any condition or restriction contained in his certificate of registration issued under this Act or the regulations; or (c) not being a registrant, supplies, disposes of, consumes or deals with any fuel in a manner that would require him to be a registrant under this Act or the regulations, is guilty of an offence and on summary conviction is liable to a fine of not less than the amount of tax, if any, that should have been paid or remitted by such person in com- pliance with this Act or the regulations, plus an additional amount of not less than $100 and not more than $2,000. 2. Section 3 of the said Act, as amended by the Statutes of Ij^gQjjgjj Ontario, 1972, chapter 14, section 2 and 1972, chapter 147, section 2, is further amended by adding thereto the following subsection : (10) Where any person selling fuel receives any payment ^i^o^'^Dts made as or in lieu of the tax payable under this Act, such of tax payment shall be dealt with and accounted for as tax under this Act, and any person who fails to deal with and account for such payment in accordance with this Act and the regu- lations is liable to the same penalties and fines, and is guilty of the same offences, as would apply if the payment were the tax payable under this Act, and the Minister may collect and receive such payment by the same remedies and procedures as are provided by this Act or the regulations for the collection and enforcement of the tax payable under this Act. 3. Subsection 1 of section 4 of the said Act, as amended by the amended Statutes of Ontario, 1972, chapter 147, section 3, is further amended by adding at the end thereof "or that he is a registrant". 4.— (1) Subsection 1 of section 4a of the said Act, as enacted by l^^^^^^ the Statutes of Ontario, 1972, chapter 147, section 4, is amended by inserting after "may" in the sixth line "stop and". s. 4a (2), amended (2) Subsection 2 of the said section 4a is amended by inserting after "be" in the first Une "stopped and". S.5, amended s.5, amended 5. — (1) Section 5 of the said Act is amended by striking out "upon request therefor" in the second hne. (2) The said section 5 is further amended by adding thereto the following subsection: Respon- sibility of purchaser (2) Upon the request of the Minister, every purchaser of fuel and every person in control of a motor vehicle that contains fuel shall furnish to the Minister proof that the fuel was purchased from a registrant or that tax has been paid on such fuel or that no tax was payable under this Act on such fuel. 8. 7 (2), re-enacted Exception R.S.0. 1970. C.202 6. Subsection 2 of section 7 of the said Act, as amended by the Statutes of Ontario, 1975, chapter 10, section 2, is repealed and the following substituted therefor: (2) No registrant shall collect the tax imposed by this Act on fuel supplied by him to a registrant, unless the fuel is supplied by delivering it directly into the fuel tank of a motor vehicle licensed or required to be licensed under The Highway Traffic Act, or unless the registrant to whom the fuel is supplied is required or permitted by this Act or the Minister to pay the tax imposed by this Act. I s. 106(1), amended 7. — (1) Subsection 1 of section 106 of the said Act, as enacted by the Statutes of Ontario, 1972, chapter 147, section 7, is amended by inserting after "in" in the second line "subsection 8 of section 2 or in". s. 106 (2), amended (2) Subsection 2 of the said section 106 is amended by insert- ing after "under" in the first line "subsection 8 of section 2 or under" and by inserting after "collected" in the sixth line and in the seventh line "or paid". ss. 16a, 166, enacted 8. The said Act is amended by adding thereto the following sections : Investi- gations 16a. — (1) Any person thereunto authorized by the Minister for any purpose related to the administration or enforcement of this Act or the regulations may at all reasonable times enter and examine any motor vehicle containing fuel or enter into any premises where any business is carried on or any property is kept or anything is done in connection with any business or where any books or records are or should be kept pursuant to this Act or the regulations, and may. (a) audit or examine the books, records, accounts, vouchers, letters, telegrams or other documents that relate or may relate either to the information that is or should be in the books or records or to the amount of tax that is or should be collected, payable or remitted under this Act or the regulations; {b) examine any fuel or motor vehicle or the property described by an inventory or any property, process or matter, an examination of which may, in his opinion, assist him in determining the accuracy of any inventory or in ascertaining the information that is or should be in the books or records or the amount of any tax payable under this Act or that should be remitted or collected under this Act or the regulations; (c) require a purchaser, retailer, wholesaler, importer, registrant or an operator of a motor vehicle liable to collect or pay or considered possibly liable to collect or pay tax under this Act or, if such purchaser, retailer, wholesaler, importer, registrant or operator is a partnership or corporation, require a partner or the president, manager, secretary or any director, agent or representative thereof or any other person on the premises of such purchaser, retailer, wholesaler, importer or registrant or in the motor vehicle of such operator to give him all reasonable assistance with his audit or examination and to answer all questions relating to the audit or examination either orally or, if he so requires, in writing, on oath or by statutory declaration, and for that purpose require such person to attend at the premises with him; and {d) if during the course of an audit or examination it appears to him that there has been a contravention of this Act or the regulations, seize and take away any of the records, books, accounts, vouchers, letters, telegrams and other documents and retain them until they are produced in any court proceedings. (2) The Minister may, for any purpose related to the ^^^^ administration or enforcement of this Act or the regulations, by registered letter or by a demand served personally, require from any purchaser, retailer, wholesaler, importer, registrant, or from the owner or operator of a motor vehicle, or if any of them is a partnership or corporation, from a partner of the president, manager, secretary or any director, agent or representative thereof. {a) any information or a return as required under this Act or the regulations; or (b) production or production on oath of any books, letters, accounts, invoices, statements, financial or otherwise, or other documents, within such reasonable time as is stipulated therein. Idem (3) The Minister may, for any purpose related to the administration or enforcement of this Act or the regulations, with the approval of a judge of the Supreme Court, which approval the judge is hereby empowered to give upon ex parte application, authorize in writing any officer of the Ministry of Revenue, together with such members of the Ontario Provincial Police Force or other peace officers as he calls upon to assist him and such other persons as are named therein, to enter and search, if necessary by force, any build- ing, receptacle or place, or any motor vehicle containing fuel, for documents, books, records, papers or things that may afford evidence as to the contravention of any provision of this Act or the regulations and to seize and take away any such documents, books, records, papers or things and retain them until they are produced in any court proceedings. Production of evidence to prove tax payable by another person (4) The Minister may, by registered letter or by a demand that is served personally, require the production, under oath or otherwise, by any person, partnership, syndicate, trust or corporation, or by his or its agent or officer, of any letters, accounts, invoices, statements, financial or otherwise, books or other documents in the possession or in the control of such person, partnership, syndicate, trust or corporation or of his or its agent or officer for the purpose of determining what tax, if any, is collectable or payable under this Act by any purchaser or registrant, and production thereof shall be made within such reasonable time as is stipulated in such registered letter or demand. Copies (5) Where a book, record or other document has been seized, examined or produced under this section, the person by whom it is seized or examined or to whom it is produced, or any officer of the Ministry of Revenue, may make, or cause to be made, one or more copies thereof, and a document purporting to be certified by the Minister or a person there- unto authorized by the Minister to be a copy made pursuant to this section is admissible in evidence and has the same probative force as the original document would have had if it had been proved in the ordinary way. (6) No person shall hinder or molest or interfere with any compliance person doing anything that he is authorized by this section to do, or prevent or attempt to prevent any person doing any such thing. (7) Notwithstanding any other law to the contrary, every wem person shall, unless he is unable to do so, do everything that he is required by this section to do. (8) Every person who contravenes this section or who fails offence to provide any information or make any return requested under this section is guilty of an offence and on summary conviction is liable to a fine of $50 for each day during which the offence continues. 16b. — (1) Every person carrying fuel in a motor vehicle information that is equipped to carry more than 40 gallons of fuel in a shipments tank other than the fuel tank of the motor vehicle, and the operator of every such motor vehicle, shall, when requested by the Minister or any person authorized by the Minister, provide any or all of the following information, (a) the name and address of any person from whom the fuel being carried was obtained, and the name and address of any person to whom the fuel so obtained was delivered or is to be delivered ; {b) the quantity of fuel delivered or to be delivered to any person ; or (c) the use or intended use, if known, to be made of any fuel delivered or to be delivered from such motor vehicle, and where no written evidence substantiating such informa- tion is available at the time that the request is made, the person to whom the request is made shall orally supply the information and may be required to certify in writing any of such oral statements. (2) Where the information required to be furnished by sub- of^m°to?° section 1 is not given, or where the information that is vehicle furnished is false, the motor vehicle may be detained by the Minister until the information is provided or until the true information is provided, and during any such detention, the Crown shall not be liable for any damages to the motor vehicle or to its owner or operator or otherwise that may occur or be alleged to occur by reason of the detention of the motor vehicle pending the furnishing of the information required by subsection 1 or the furnishing of accurate information as required by subsection 1. 8 amended ®* Scction 21 of the Said Act, as amended by the Statutes of *'°^° ^ Ontario, 1972, chapter 147, section 11 and 1975, chapter 10, section 7, is further amended by adding thereto the following subsections : Idem (2) The Lieutenant Governor in Council may make regu- lations establishing a system of registration for the purposes of this Act, and, (a) requiring persons who buy, sell, deal in, consume or refine any fuel, including fuel for the heating of homes and buildings, to become registrants under this Act for the purpose of accounting for, collecting or facilitating the administration of the tax imposed by this Act; {b) prescribing classes of registrants, the conditions and restrictions affecting any prescribed class of regis- trant, and the method of collecting or paying the tax imposed by this Act to be followed by any prescribed class of registrant; (c) prescribing the information, returns and records to be given, made or kept by any registrant or class of registrants ; {d) requiring the registration of the operators of com- mercially-used motor vehicles that consume or carry fuel and that are not vehicles operated exclusively for pleasure or recreation ; {e) exempting any person or class of persons from the application of subsection 2 of section 2. Idem (3) The Minister may make regulations prescribing any form required by this Act or the regulations or that, in his opinion, will assist in the administration of this Act, and prescribing how and by whom any form shall be completed and what information it shall contain. Idem (4) A regulation, other than a regulation made under sub- section 2, is, if it so provides, effective with reference to a . period before it was filed. Commence- | Q, Jhis Act comes into force on the day it receives Royal Assent. ment ' Short title II xhe short title of this Act is The Motor Vehicle Fuel Tax Amendment Act, 1977. H a w So 2. • IS" ^ o o < ^ 2 c/) ON S 2^ S:0 2^ ^ -i to SO o ■^ ^ Si O ■^ ^ S) Si. H nr a> o •-I 3 <> fD P >