Public Utilities.-C. 61 extends the jurisdiction of the Board of Commissioners of Public Utilities to natural gas. Women Suffrage.-C. 63 confers the Provincial Franchise upon women. 6. PROVINCE OF ONTARIO. [Contributed by JOHN DELATRE FALCONBRIDGE, ESQ., K.C.] The session held in the spring of 1920 was the first session of the fifteenth legislature of Ontario. As the result of the provincial general election the Conservatives and Liberals together composed one-half the House, and the other half consisted of representatives of the United Farmers of Ontario reinforced by a very small group of Labour representatives. The House contained a large number of new and inexperienced members, and the session was unusually long. The Farmer-Labour Government had practically no majority, but no effort was made by the two old parties to force the Government to appeal to the people. Election Laws.-C. 2 is the Election Laws Amendment Act, 1920. In each county an Election Board is constituted, consisting of the county judge or judges and other county officials. This Board appoints revising officers for the revision of the lists of voters prepared in the first instance by the clerks of the various municipalities. The selection of polling places is left to the municipal authorities, subject to the approval of the Election Board. The appointment of enumerators for unorganized territory, the naming of places for which lists are to be prepared, and the arrangements for hearing appeals are vested in the Election Board. The qualification of voters is simplified and is made uniform as to the period of previous residence required; provision is made for enabling persons to be entered on the list who in the ordinary course of their business have moved from one electoral district to another within the period of residence required in ordinary cases, and other changes are made in the election law. Legislative Assembly.-C. 2 is the Legislative Assembly Amendment Act, 1920. Heretofore, under the two-party system, a sessional indemnity of $5,000 had been paid to the Leader of the Opposition, in addition to the ordinary sessional indemnity; but this arrangement seemed no longer just or practicable when the Opposition was divided into two substantially equal groups. For the year ending October 31, 1920, it is enacted that the sum of $5,000 be divided between the Opposition Leaders, and for the future it is enacted that the sum of $1,500 be paid to each member recognized by the Speaker as Leader of an Opposition group of fifteen or more members in the Legislative Assembly. Public Service Superannuation.-A fund is established (c. 3), composed of equal contributions by the Government and by the civil servants, the amounts ranging from 24 per cent. to 5 per cent. of the salary, according to the age of the civil servant at the time of entering the service or at the commencement of the Act. Retirement is made compulsory (subject to certain exceptions) at the age of seventy years and optional on the part of the civil servant at the age of sixty-five. The retiring allowance is fixed at one-fiftieth of the salary multiplied by the number of years of service, not exceeding thirty, and is limited in amount to $2,000 per annum. In case of the death of the civil servant, before or after superannuation, one-half of the retiring allowance is to be paid to the widow and to children under eighteen years of age. Financial Measures.-The scale of duties under the Succession Duty Act is considerably increased (c 8). The taxes payable by insurance companies and banks, and the stamp tax on the transfer of securities, are increased (c. 9). There is a great increase in the tax on race-track I meetings-from the sum of $1,250 for each day of a race meeting to $7,500 a day (c. 9). Race meetings are also subject to an amusement tax, generally not less than 25 cents on each admission. The Amusements Tax Act is also amended so as to bring within its operation hotels, restaurants, and dining-rooms in which dancing of a public character is part of the entertainment (c. 11). Mining. For about thirty years there has been a Bureau of Mines, a sub-department of the Ministry of Lands, Forests, and Mines. Provision is now made for separate departments, one of Mines, the other of Lands and Forests, under separate ministers (c. 12). There are also some amendments to the Mining Act in other respects, including a provision for the free assay of samples of gold, silver, copper, lead, metallic iron, tin, or tungsten by the Provincial Assayer at Toronto (c. 13). Export of Pulp Wood.-Power is conferred on the Government to suspend the operation of what is known as the "manufacturing condition" (that is, the statutory condition attached to all timber licences and pulpwood concessions requiring the manufacture of the product in Canada), when, owing to the lack of labour, capital, or satisfactory markets, or the increase in fire risk, it seems advisable that the pulp-wood should be removed (c. 14). Railway Extension.-Authority is given to the Government to extend the Temiskaming and Northern Ontario Railway from its present terminus at Cochrane (the point of junction with the Grand Trunk Pacific Railway) to James Bay-the southern projection of Hudson Bay (c. 17). Apart from the preliminary work, action under this statute will, however, depend upon appropriations to be made in the future by the Legislative Assembly. Hydro-electric Power.-Among other amendments of the Power Commission Act is one enabling township municipalities to enter into contracts with the Hydro-electric Power Commission for the establishment of distributing stations, to be operated by the Commission-the cost to be provided for by the rates charged to customers (c. 18). More effective provision is also made for preventing power companies from using more water at Niagara Falls or developing more power than may be authorized by their franchises (c. 19). This is a matter of public importance in view of the fact that the amount of water to be used on each side of the river is limited by the International Waterways Treaty. The construction of the Chippewa-Queenstown power canal and the increased demands for power make it necessary to conserve as far as possible the available supply of water. Highways. Provision is made for the expenditure of $3,000,000 per annum for five years on highway improvement (c. 20), and other amendments are made in the statutes relating to highways (cc. 21-5). Agriculture.-Provision is made for Government loans to co-operative marketing associations (c. 54), and for the testing of cream and milk purchased for sale, shipment, or manufacture (c. 85). Returned Soldiers.-The powers of the Soldiers' Aid Commission are extended, and, in particular, the Commission is authorized to continue the work already begun by it of establishing shelters or houses for the children of soldiers (c. 29). Courts.-A Bill designed to abolish appeals from any Ontario Court to the Privy Council was introduced by the Attorney-General. Subsequently it was withdrawn in order that there might be opportunity for fuller discussion, on the understanding that it would be introduced again at a later session. By consent of the parties an action beyond the ordinary jurisdiction of the County Court may be tried in that Court. The County Courts Act is amended by authorizing the judge to "award all costs of or incidental to such action on the scale of the Supreme Court in the same manner as if such action had been tried or disposed of in the Supreme Court" (c. 32). The Surrogate Courts Act is amended by the provision that the fees payable to the Crown shall be calculated upon the value of the whole estate, including the real estate as well as the personal estate. The judge is empowered to employ skilled assistants in investigating and auditing intricate accounts. In order to prevent the evasion of the Succession Duty Act, it is provided that probate or letters of administration shall not issue until the judge is satisfied that there has been no undervaluation and has made inquiries as to the dealings with the estate prior to the death of the testator or intestate (c. 33). The jurisdiction of the Division Courts is doubled-with, however, a right of appeal which does not exist in the case of smaller claims. As a result of the amendment the Division Court now has jurisdiction up to $120 in "personal actions," up to $200 in an action on a claim or demand of debt, account, or breach of contract, or covenant, or money demand . . provided that in the case of an unsettled account the whole account does not exceed $1,000." The jurisdiction with regard to other kinds of claims is increased in the same proportion. Sale of Goods.-Upon the recommendation of the Conference of Commissions on Uniformity of Legislation in Canada, the Sale of Goods Act, 1893, was adopted in New Brunswick and Prince Edward Island in 1919, and in Ontario in 1920 (c. 40). The Ontario statute differs from the original statutes in that s. 24 of the original statute is omitted, and s. 22 of the original statute, relating to market overt, has been replaced by s. 24 of the Ontario statute: The law relating to market overt shall not apply to any sale of goods which takes place in Ontario." Subject to slight local modifications the Sale of Goods Act is now in force in all the provinces except Quebec. " the Partnership. The Partnership Act, 1890, was adopted in 1920 in New Brunswick, Prince Edward Island, and Ontario (c. 41)—upon recommendation of the Conference of Commissioners on Uniformity of Legislation in Canada. It is now in force in all the provinces except Quebec. Labour and Wages.-The amount to which wages are exempt from attachment is increased (c. 42), and numerous amendments are made to the Workmen's Compensation Act (c. 43). The Minimum Wage Act (c. 87) provides for a commission to determine and establish a minimum wage for female employees in any particular branch of business. Social Legislation. The Deserted Wives' Maintenance Act, which provides for a weekly allowance to be paid by the husband to the wife under an order made by a magistrate, is amended by increasing the amount from $10 to $20 a week (c. 44). The Mothers' Allowances Act provides for the payment of an allowance to widows, or the wives of inmates of the hospitals for the insane or of permanently disabled men. The person receiving an allowance must be the mother of at least two children under fourteen years of age and they must be living with her. She must be resident in Ontario and a British subject. The Act is to be administered by a provincial commission and local boards. If in the opinion of the local board the mother is a proper person to have the care and custody of children, and has not adequate means to care for them without assistance, an allowance may be made to her-one-half the amount being paid by the municipality and one-half by the Province (c. 89). Surveys. The Surveys Act, 1920, is a technical statute, comprising the result of a careful revision and consolidation of the former statutes on the subject (c. 48). Assessment. Exemption from taxation of income from personal earnings is increased, in the case of householders or heads of families, from $1,700 to $2,000 in cities and towns and from $1,400 to $1,700 in other municipalities. In the case of other persons, the exemption is increased from $700 to $1,000 in cities and towns, and from $500 to $800 in other municipalities. A further exemption of $200 for each dependent child under eighteen years of age is provided for (c. 63). Public Libraries.-The revised Public Libraries Act provides additional and more elastic facilities for the establishment of free public libraries. It also authorizes every municipal council to levy and assess a special rate for public library purposes sufficient to produce an amount not exceeding 50 cents per capita of the inhabitants of the municipality -subject to increase in certain special cases. This limitation, based upon population, is substituted for the former limitation, which was based upon the amount of total assessments for taxation purposes (c. 69). "Temperance" Legislation.-The Dominion Parliament in 1919 adopted an amendment to the Canada Temperance Act, providing that in any province "in which there is at the time in force a law prohibiting the sale of intoxicating liquor for beverage purposes" its Legislative Assembly might request that a vote of the electors in all the electoral districts of the province should be taken for or against the following prohibition: That the importation and the bringing of intoxicating liquors into such province may be forbidden."" In the event of the majority of the votes being in favour of the prohibition, provision was made for the bringing of the prohibition into force in the province by Dominion Order in Council. The Province of Ontario having been, since the passing of the Ontario Temperance Act, 1916, a province in which the sale of intoxicating liquor for beverage purposes (other than native wines) has been forbidden, the Legislative Assembly in 1920 adopted the necessary resolution under the Canada Temperance Act, and, in anticipation of a vote favourable to the prohibition of importation, also passed the Liquor Transportation Act, 1920 (c. 80), with the intention of supplementing the Canada Temperance Act by making it an offence to transport liquor from one place in Ontario to another, or to deliver liquor or receive delivery in Ontario for sale or consumption, subject always to the exception in favour of native wines. The particular practice against which the Liquor Transportation Act was aimed was that known as "short circuiting "—that is, the sending of orders from Ontario to (say) Montreal, and thence returned to breweries and distilleries in Ontario to be filled in Ontario. The vote in Ontario took place in 1921, and the oppressive system under which the inhabitants of that Province live was completed by a Dominion proclamation bringing into force the prohibition of importation. The Legislative Assembly in 1920 also made a number of amendments to the Ontario Temperance Act with a view of "strengthening" its provisions and assisting in its administration and enforcement (c. 78). Education.-Besides the revision and consolidation of the Public Schools Act and amending Acts, numerous other changes are made in the school laws (cc. 99-104). An annual sum of $6,000 is to be awarded by the Minister of Education in the form of scholarships to residents of Ontario for the purpose of enabling them to pursue courses of study in France (c. 103). 7. PRINCE EDWARD ISLAND. [Contributed by W. E. BENTLEY, ESQ., K.C.] Fifty-six Acts were passed during the year 1920, of which twenty-one were public in character, Most of the public Acts deal with local matters, such as taxation, public schools, improvement of highways, agriculture, domestic animals, horse-breeding, and the inspection of bees. Partnership. For the purpose of promoting uniformity of legislation, the Partnership Act, 1890, as enacted in England, was adopted, with some necessary modifications. This statute is now in force in all the Provinces of Canada except Quebec. In the last-mentioned Province the general law of partnership is governed by Articles 1830-70 and 1892-1900 of the Civil Code of Lower Canada. Factors. The Factors Act, 1889, enacted by the British Parliament, was adopted. This statute has been adopted by all the provinces of Canada except Manitoba and Quebec. In Quebec, Articles 1735-54 of the Civil Code of Lower Canada are based upon the former British legislation, superseded in the United Kingdom by the Factors Act of 1889. Legitimation.-C. 12 enacts as follows: If the parents of any child heretofore or hereafter born out of lawful wedlock have heretofore intermarried or hereafter intermarry, such child shall for all purposes be deemed to be and to have been legitimate from the time of birth. Nothing in this Act shall affect any right, title, or interest in or to property, if such right, title, or interest has vested in any person : (a) Prior to the passing of this Act in the case of any such intermarriage which has heretofore taken place, or (b) Prior to such intermarriage in the case of any such intermarriage which hereafter takes place. 8. QUEBEC. [Contributed by the HON. MR. JUSTICE FABRE SURVEYER.] Acts passed-166: Public-84; Private-82. Annex to Montreal Court House. It must not cost, including the acquisition of the land, more than $2,000,000. The land acquired, if not purchased amicably, shall be expropriated under the Quebec Railway Act, but the sole arbitrator shall be the Quebec Public Service Commission (c. 4). |