19O9 MILK COMMISSION. 



provincial viewpoint, the provincial legislation may be considered before muni- 

 cipal regulation. It is practically divided into two branches, one dealing with 

 milk for human consumption, including vending in cities and towns, and the 

 other dealing with milk for manufacturing purposes', including cheese factories. 



The history of the provincial laws, as revealed by a study of the Statutes, 

 may be briefly stated, but for purposes of reference it may be well to adhere to 

 the legal phraseology. 



The Consolidated Municipal Act of 1883 provided that Councils of cities, 

 towns, etc., may pass by-laws: (46 Victoria, ch. 18, sec. 496, sub-sec. 49) "For ap- 

 pointing inspectors and providing for the inspection of milk, meat, poultry, fish 

 and other natural products' offered for sale for human food or drink, whether on the 

 streets or in public places or in shops." 



The Municipal Amendment Act of 1884, (47 Victoria, ch. 32, sec. 13, sub- 

 sec. 10) repealed the above mentioned subsection and re-enacted it with additions 

 in the words' following: "For appointing inspectors and for providing for the 

 inspection of milk, meat, poultry, fish and other natural products offered for sale 

 for human food or drink, whether on the streets or in public places, or in shops, 

 and for licensing and regulating milk vendors and for fixing the fee to be paid for 

 such license at a sum not to exceed one dollar for one year." 



From time to time, down to R.S.O. 1897, ch. 223, sec. 583, sub-sec. 23, the 

 principles were practically re-enacted. 



62 Victoria, 2nd sess., ch. 26, being the Municipal Amendment Act, 

 1899, by. sec. 29 provides for the granting or refusing of a license to any person 

 to carry on a particular trade, calling, business or occupation, under any of the 

 powers conferred upon the Municipal Council or Board of Police Commissioners 

 of any municipality, shall be deemed to be in the discretion of the Council or Board 

 as the case may be, and the Council or Board shall not be bound to state any reason 

 for the granting or refusing of such license; and by sec. 37 (2) of the same Act, 

 power is granted to the Council to cancel licenses without stating any reason therefor. 



The Act containing the power to grant and power to cancel without giving 

 any reason for doing so, was assented to on the 1st of April, 1899. 



63 Victoria, ch. 33, being the Municipal Amendment Act of 1900, repealed 

 the absolute power given by paragraph 23 in section 583 of the Municipal Act, as 

 amended by sub-sec. 2 of sec. 37 of the Municipal Amendment Act, 1899, substi- 

 tuting therefor the cumbersome procedure set out in section 37 of 63 Victoria, and 

 re-enacted in the Consolidated Municipal Act of 1903, 3 Ed. VII., chap. 19, sec. 

 583, sub-sec. 23. Sec. 29, however, was not repealed, and is' now found as 486a of 

 the Municipal Act of 1903. 



PROVINCIAL LAWS AS THEY ARE AT PRESENT. 



The powers given by laws at present on the statute book relating to the 

 question may now be considered. Under general powers delegated to local Boards 

 of Health, "all milch cows and cow byres and all dairies or other places 1 in which 

 milk is sold or kept for general use, and all cheese factories or creameries shall 

 be subject to regular inspection under the direction of the Board," the proprietor 

 to obtain approval in writing and approval to be granted only after satisfactory 

 inspection. The powers to be exercised under this clause, which is section 10 of 

 the by-law set out in Schedule "B'' to the Public Health Act, were further defined 

 by amendments in 1900. These amendments, which are above referred to, em- 

 power municipal councils to pass by-laws licensing and regulating milk vendors. 



