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Bill 146, Frederick Banting Homestead Preservation Act, 2004

Wilson, Jim

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Debates

Original

Bill 146 2018

Act to ensure the preservation of the Frederick Banting homestead

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

1. In this Act,

“Banting homestead” means the land described as the east

half of Lot 2, Concession 2, in the Town of New Tecumseth in the County of

Simcoe which was the childhood home of Sir Frederick

Grant Banting (1891-1941), the discoverer of insulin; (“ propriété

familiale Banting ”)

“inspector”

means an inspector appointed under subsection 3 (1); (“inspecteur”)

“Minister” means the Minister of Culture or whatever

other member of the Executive Council to whom the administration of this Act is

assigned under the Executive Council Act ; (“ministre”)

“Ministry” means the Ministry of the Minister. (“minist ère ”)

Restrictions

on use

(1) Despite any other Act or any

by-law made under any other Act, no person shall alter or demolish any building

or structure located on the Banting homestead at the time that this

section

comes into force except to make repairs or renovations to maintain the

buildings or structures.

Registration

(2) The Minister shall cause a notice of

subsection (1) to be registered against the Banting homestead in the proper land

registry office.

Inspectors

(1) The Minister or a person

authorized in writing by the Minister may appoint any person or class of

persons to be inspectors.

Certificate

of appointment

(2) Upon appointing an inspector, the

Minister or a person authorized in writing by the Minister shall issue to the

inspector a certificate of appointment bearing the Minister’s signature or a

facsimile of it.

Proof

of appointment

(3) Every inspector who exercises powers

under this Act shall, upon request, produce the certificate of appointment as

an inspector.

Inspections

4 .

(1) An inspector may enter

and inspect the Banting homestead, other than a dwelling or building, without

the consent of the owner or occupier and without a warrant, for the purpose of

determining whether a person has contravened subsection 2 (1).

Other

persons

(2) A person possessing expert or special

knowledge that is related to the purpose of the entry may accompany the

inspector.

Entry

to dwellings

(3) An inspector shall not, without the

consent of the occupier, exercise a power to enter a place that is being used

as a dwelling, except under the authority of a search warrant issued under

section 158 of the Provincial Offences Act .

obstruction

(4) No person shall obstruct an inspector

who is exercising powers under this section.

Assistance

(5) An inspector who exercises powers under

this

section may call for the assistance of any member of the Ontario

Provincial Police or the municipal police force in the area where the assistance

is required to preserve the peace.

Person

assisting

(6) A person assisting an inspector in

exercising powers under this

section has the powers of an inspector while

acting under the direction of the inspector.

Police

(7) It is the duty of every member of a

police force called to render assistance under subsection (5) to render the

assistance.

Time

of entry

(8) An inspector shall not exercise the

power to enter the Banting homestead under subsection (1) except at a

reasonable time.

Non-compellable

witness

5. No person employed in the administration or

enforcement of this Act shall be required to give testimony in any civil

proceeding, except in a proceeding under this Act, with regard to information

obtained in the discharge of the person’s duties.

Crown

liability

(1) In this section,

“Crown appointee” means a person who is appointed under

this Act but who is not a Crown employee within the meaning of the Public Service Act .

liability

(2) No action or other proceeding shall be

instituted against the Crown, the Minister or any employee of the Ministry,

(

a) for

any act done or neglect or default in the execution or intended execution of a

power or duty under this Act by,

(

i) a

person who is not a Crown employee within the meaning of the Public Service Act and not a Crown appointee, or

(ii) a

person who is assisting an inspector in exercising powers under

section 4, if

the inspector is not a Crown employee within the meaning of the Public Service Act or not a Crown appointee; or

(

b) for

any tort committed by a person described in clause (

a) or an employee or agent

of the person in relation to a power or duty described in that clause.

personal liability

(3) Except in the case of an application

for judicial review or an action or proceeding that any Act or regulation under

this or any other Act specifically provides with respect to a person mentioned

in this subsection, no action or other proceeding for damages or otherwise

shall be instituted against any of the following persons for any act done in

good faith in the execution or intended execution of any duty or authority

under this Act or for any alleged neglect or default in the execution in good

faith of that duty or authority:

1. An

employee of the Ministry.

2. A

Crown employee within the meaning of the Public Service

Act .

3. A

Crown appointee.

4. A

person who is assisting an inspector in exercising powers under

section 4, if

the inspector is a Crown employee within the meaning of the Public Service Act or a Crown appointee.

Crown

liability

(4) Subsection (3) does not, by reason of

subsections 5 (2) and (4) of the Proceedings Against the

Crown Act , relieve the Crown of liability in respect of a tort committed

by an agent or servant of the Crown to which it would otherwise be subject.

Offence

(1) A person who contravenes

subsection 2 (1) or 4 (4) is guilty of an offence and is liable, on conviction,

to a fine of not more than $5,000.

Directors,

officers

(2) If a corporation commits an offence

under this Act, every director, officer, employee or other agent of the

corporation who authorized, or who had the authority to prevent the offence

from being committed but knowingly refrained from doing so, is a party to and

guilty of the offence and is liable, on conviction, to the penalty for the

offence, whether or not the corporation has been prosecuted or convicted.

Commencement

8. This Act comes into force on the day it receives

Royal Assent.

Short

title

9. The

short title of this Act is the Frederick Banting Homestead Preservation Act, 2004 .

EXPLANATORY

NOTE

The

Bill enacts the Frederick Banting Homestead Preservation

Act, 2004 .

imposes a restrictive covenant on the property in the Town of New

Tecumseth, in the County of Simcoe, which was the childhood home of Sir Frederick Grant Banting (1891-1941), the discoverer of

insulin. The restrictive covenant prevents a person from altering or

demolishing any building or structure located on the property at the time that

the Act comes into force except to make repairs or renovations to maintain the

buildings or structures.

The

Minister of Culture is required to register a notice of the restrictive

covenant against the title to the property and is entitled to appoint

inspectors to enter the property to verify compliance with the covenant.

Date Bill stage Activity Committee

November 16, 2004

First Reading

Carried

Debates and Progress

First Reading

November

16, 2004

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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