Bill 146 2018
An 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. (“ministère”)
Restrictions on use
2. (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
3. (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.
No 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
6. (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.
No 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.
No 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
7. (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.
It 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.