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(4) Where a person convicted on indictment of any offence to which this paragraph applies is a body corporate, no provision in these Regulations limiting the amount of the fine which may be imposed shall apply to the body corporate and the body corporate shall be liable to. such fine as the court thinks just.

17. Where a person convicted of a contravention of any of the provisions of these Regulations is a body corporate, every person who, at the time of the contravention, was a director or officer of the body corporate, shall be deemed to be guilty of that contravention, unless he proves that the contravention was committed without his consent or connivance and that he exercised all such diligence to prevent the contravention as he ought to have exercised having regard to the nature of his functions as a director or officer of that body and to all the circumstances

18.—(1) Any order made by the Commissioner under these Regulations may be varied or revoked by a subsequent order made by the Commissioner.

(2) The definition in any order for any of the purposes of these Regulations of a description of goods may be framed by reference to any circumstances whatsoever.

(3) The Commissioner may make regulations for prescribing the procedure to be followed in relation to anything required or authorized to be done under these Regulations,, otherwise than in relation to proceedings in any court, and generally for giving effect to the provisions of these Regulations.

19. Notwithstanding the foregoing provisions of these Regulations or of any order made hereunder the Commissioner may from time to time by licence to any person or class of persons exempt any particular transaction or class of transactions from any of the provisions of these regulations or any order hereunder and may attach conditions to any such licence.

20. These Regulations may be cited. (Price of Goods) Regulations, 1941.

as the Defence

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DEFENCE (RENT RESTRICTIONS) REGULATIONS

Under the provisions of The Emergency Powers (Defence) Act, 1940, His Excellency the Governor in Commission has been pleased to make the following Regulations.

Dated this 29th of December, A.D. 1941.

W. J. CAREW,

Secretary of Commission of Government

1. In these Regulations

(a) "Commissioner" means Commissioner for Public Health and Welfare or, in his absence, such other Commissioner as shall be appointed in his stead by the Governor in Commission.

(b) the expressing "dwelling to which these regulations apply" shall mean a house or part of a house let as a separate dwelling in any part of Newfoundland provided that:

(i) these regulations shall not apply to a dwelling let at a rent which includes payments in respect of board or use of furniture, unless by order of the Commissioner, which order may be made by him in respect of any dwelling if he shall be satisfied that the charge for rent which includes such payments is not made bona fide, but for the purpose of evading these regulations.

(ii) the application of these regulations to any house or part of a house shall not be excluded by

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reason only that part of the premiess is used as a shop or office or for business, trade or professional purposes.

(iii) The Commissioner may by order provide that any dwelling or class of dwellings shall not be affected by these regulations in whole or in part.

(c) The expressions "landlord" and "tenant" include any person from time to time deriving title under the original landlord or tenant.

(d) the expression "landlord' also includes in relation to any dwelling any person, other than the tenant, entitled to possession of the dwelling and the expression "tenant" includes sub-tenant and the expression "let" includes sublet.

2. The Commissioner shall have power from time to time to investigate of his own motion or on complaint the rental at any time charged or demanded by any person for any dwelling to which these regulations apply.

3. Subject to the provisions of these regulations hereinafter contained, where the rent of a dwelling to which these regulations apply has been since the thirtieth day of June One thousand nine hundred and forty-one, or is hereafter while these regulations continue in effect, increased above the rent at which the dwelling was let on that date, the amount by which the rent payable exceeds the amount which would have been payable had the increase not been made, shall, notwithstanding any agreement to the contrary, be irrecoverable.

4. The Commissioner may fix the maximum rental at which any dwelling to which these regulations apply may be rented or offered for rent by any person and in such case any amount in excess of the maximum so fixed shall, notwithstanding any agreement to the contrary, be irrecoverable.

5. Any transfer to a tenant of any burden or liability previously borne by the landlord shall for the purposes of this Act be treated as an alteration of rent, and where, as the result of such a transfer, the terms on which a dwelling-house is held are on the whole less favourable to the tenant than the previous terms the rent shall be deemed to be increased, whether or not the sum periodically payable by way of rent is increased, and any increase of rent in respect of any transfer to a landlord of any burden or liability previously borne by the tenant where, as the result of such transfer, the terms of which a dwelling-house is held are on the whole more favourable to the tenant than the previous terms shall be deemed not to be an increase of rent for the purposes of these regulations.

6. A person shall not in consideration of the grant, renewal or continuance of a tenancy of any dwelling-house to which these regulations apply require the payment of any fine, premium, or other like sum in addition to the rent, and where any such payment has been made in respect of any such dwelling-house after the date of first publication in the Newfoundland Gazette of these regulations, then the amount shall be recoverable by the tenant by whom it was made from the landlord, and may without prejudice to any other method of recovery be deducted from any rent payable by him to the landlord, but this provision shall not apply to any payment under an agreement entered into before the 30th day of June, 1941.

7. Any landlord affected by these regulations, or any person acting on his behalf, may apply to the Commissioner for an order authorizing an increase of rent in respect of any dwelling to which these regulations apply, and the Commissioner shall cause enquiry to be made into the merits of every such application.

8. Any tenant who occupies any dwelling to which these regulations apply, or any person acting on his

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behalf, may apply to the Commissioner for an order under Regulation 4 of these regulations fixing the maximum rental at which such dwelling may be rented, and the Commissioner shall cause enquiry to be made into the merits of every such application.

9. The Commissioner may appoint one or more Boards ach consisting of not less than three members whose luty it shall be

(a) to conduct on behalf of the Commissioner any investigation under these Regulations which he shall require the Board to make, and

(b) to make enquiry on his behalf into the merits of applications made to the Commissioner under these Regulations which he shall refer to the Board,

and to report back to the Commissioner the result of any such investigation or enquiry with recommendations.

10. (1) A Board appointed by the Commissioner under these Regulations shall have power to summon any witness or witnesses and to require such witness or witnesses to give evidence orally or in writing upon oath or upon solemn affirmation and to produce such documents and things as may be deemed requisite to the full investigation of all matters relating to any application which has been referred to the Board, or to any investigation which the Board has been required to make.

(2) Any such Board shall have the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any Court of Law in civil cases, and any wilfully false statement made by any such witness on oath or solemn affirmation shall be a misdemeanour punishable in the same manner as wilful and corrupt perjury, but no such witness shall be compelled to answer any question by his answer to which he might render himself liable to a criminal prosecution.