NOVA SCOTIA.

ACTS OF 1915.

CHAPTER 1.-Compensation of workmen for injuries.14

SECTION 1. This act may be cited as the workmen's compensation

act.

SEC. 2. In this act

(a) "Accident fund" shall mean the fund provided for the payment of compensation, medical aid, outlays, and expenses under Part I of this act.

(b) "Association" shall mean any association or body of employers whose constitution shall have been approved by the board as entitling it to represent any of the classes provided for in this act or any subdivision or group of employers in such class.

(c) "Board" shall mean workmen's compensation board.

(d) "Construction" shall include reconstruction, repair, alteration, and demolition.

(e) "Dependents" shall mean such of the members of the family of a workman as were wholly or partly dependent upon his earnings at the time of his death, or who but for the incapacity due to the accident would have been so dependent; but shall not include persons who become dependents by reason of the marriage of the injured workman between the date of the accident and the death of the workman resulting from such accident.

(f) "Employer" includes every person having in his service, under a contract of hiring or apprenticeship, written or oral, expressed or implied, any person engaged in any work in or about an industry within the scope of this act and in respect of any such industry includes municipal corporations, and the Crown as represented by the Province, and may include the Crown as represented by the Dominion of Canada in so far as it may in its capacity of employer submit to the operation of this act.

(g) "Employment" means and refers to the whole or any part of any establishment, undertaking, work, operation, trade or business within the scope of this act, and in the case of any industry not as a whole within the scope of this act includes any department or part of such industry as would if carried on separately be within the scope of this act.

(h) "Industrial disease" shall mean any of the diseases mentioned in the schedule and any other disease which by the regulations is declared to be an industrial disease.

(i) "Industry" shall include establishment, undertaking, work, operation, trade, and business.

() "Invalid" shall mean physically or mentally incapable of earning.

(k) Member of the family" shall mean and include wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half brother, and half sister, and a person who stood in loco parentis to the workman or to whom the workman stood in loco parentis, whether related to him by consanguinity or not so related; and where the workman is the parent or grandparent of an illegitimate child shall include such child, and where the workman is an illegitimate child shall include his parents and grandparents.

(1) "Outworker" shall mean a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials.

14 With amendments to May 17, 1919.

Title.

Definitions.

Industries cov

ered.

Exemptions.

Admission of other industries.

Exclusions authorized.

(m) Regulations" shall mean regulations made by the board under the authority of this act.

(n) "Workman "shall include a person who has entered into or works under a contract of service or apprenticeship, written or oral, expressed or implied, whether by way of manual labor or otherwise; and in respect of the industry of mining, shall include a person while he is actually engaged in taking or attending a course of training or instruction in mine-rescue work under the direction or with the approval, expressed or implied, of an employer in whose employment the person is employed as a workman in that industry; and in respect to any industry shall include a person while he is actually engaged in rescuing or protecting or attempting to rescue or protect life or property in the case of an explosion, a fire, or an accident, which endangers either life or property in or about the industry in which such person is employed, and should such person meet with an accident while so engaged, such accident shall be deemed to arise out of and in the course of such person's employment.

(0) [Repealed.]

(p) Teaming" shall include all kinds of work done by workmen with teams, carts (including handcarts), drays, trucks, cabs, carriages, automobiles, and other vehicles.

(q) "Stevedoring" shall mean the loading or unloading of vessels or railway cars.

PART I.

SEC. 3. This part shall apply to employers and workmen in or about any operations carried on in a factory, and also to employers and workmen in or about the industries of manufacturing, lumbering, river driving, mining, quarrying, excavation, drilling with diamond drills, fishing, canning, printing, building, construction, engineering, transportation, navigation, stevedoring, rafting of lumber, teaming, horseshoeing, scavenging, street cleaning, handling of hides, painting, decorating, renovating, dyeing and cleaning, the operation of any railway, tramway, telegraph, cable, or telephone system, electric light or power plant or system, gas works, waterworks, sewers, laundries, theaters, packing houses, lumber yards, coal yards, refrigerating or cold-storage plant, warehouses, elevators, boats, ships, tugs, ferries, dredges, and any public utility, and any occupation incidental to or immediately connected with any of the industries or operations mentioned in this section: Provided, That subject to sections 5 and 6, this part shall not apply to the following:

(a) Persons engaged as traveling salesmen.

(b) Persons whose employment is of a casual nature, and who are employed otherwise than for the purposes of the employer's trade or business.

(c) Outworkers.

(d) Persons employed by a city, town, or municipal corporation, as members of a police force or of a fire department.

(e) Members of the family of the employer who reside with the employer.

SEC. 4. [Repealed.]

SEC. 5. (1) Any industry or workman not within the scope of this part by virtue of section 3 may, on the application of the employer, be admitted by the board as being within the scope of this part on such terras and conditions and for such period and from time to time as the boari may prescribe, and from and after such admission and during the period of such admission such industry or workman shall be decked to be within the scope of this part.

(2) Any employer in any industry within the scope of this part may be admitted on such terms and conditions as for such period and from time to time as the board may prescribe, and being entitled, for himseit or his dependents as the case may be, to the same compensation as if such employer were a workman within the scope of this part.

(3) Such admission may be made in such manner and form as the board may deem adequate and proper.

SEC. 6. The board may by regulation exclude from the scope of this part any industry or industries in which not more than a stated mu

ber (fixed by regulation) of workmen, or workmen other than temporary workmen are employed, and may define the meaning of "temporary workmen." The board may from time to time revoke, alter, or modify any such regulation: Provided, That any industry so excluded may be readmitted by the board as being within the scope of this part. The board may likewise exclude the mayor, warden, clerk, treasurer, controllers, councillors, and aldermen and other officers of a city, town or municipality, and the president, vice president, directors, and other officers of any company without excluding the other persons in any industry.

Compensation

to be paid.

bilities.

SEC. 7. (1) Where, in any industry within the scope of this part, personal injury by accident arising out of and in the course of employment is caused to a workman, compensation as hereinafter provided shall be paid to such workman, or his dependents, as the case may be, except Short time disawhere the injury (a) does not disable the workman for the period of at least seven days from earning full wages at the work at which he was employed; or (b) is attributable solely to the serious and willful misconduct of the workman, unless the injury results in death or serious and permanent disablement.

(2) Where the accident arose out of the employment, unless the contrary is shown, it shall be presumed that it occurred in the course of the employment, and where the accident occurred in the course of the employment, unless the contrary is shown, it shall be presumed that it arose out of the employment.

(3) Where compensation for disability is payable it shall be computed and be payable from the date of the disability.

Willful misconduct.

Presumption.

Payments begin, when. Agreement im

SEC. 8. (1) Every contract entered into in Nova Scotia whereby the relationship of employer and workman as defined by this act arises plied. in an industry which if carried on in Nova Scotia would be within the scope of Part I, having regard to any regulations made by the board for the exclusion or inclusion of any industry or industries, shall, unless there be an expressed agreement in writing to the contrary signed by the workman, be subject to and be deemed to include the following covenant on the part of the workman with his employer, which covenant shall bind the workman, his heirs, executors, administrators, and assigns as effectually as if made in writing and under seal, viz:

WORKMAN'S COVENANT WITH EMPLOYER.

The workman, for valuable consideration and as a condition of his being employed, covenants with the employer that, in the event of an accident happening to such workman while employed elsewhere than in Nova Scotia and while the workman and the industry carried on out of Nova Scotia in which he is so employed are within the scope of part one of the workman's compensation act of Nova Scotia, he will accept the provisions of part one of said act in lieu of all rights and rights of action, statutory or otherwise, which he may have or to which he may become entitled against his employer, and that he will not commence or prosecute any action or other proceeding against his employer, by reason of such accident or any injury resulting therefrom, and that this covenant and section 8 of the workmen's compensation act may be pleaded as a bar to or otherwise made use of to defeat or stay any action or proceeding that the workman may commence against the employer within or without Nova Scotia.

(2) (a) Every contract, entered into in Nova Scotia, whereby the relationship of employer and workman as defined by this act arises, in an industry to which this subsection is made to apply by virtue of subsection (b) hereof, and whereby the workman agrees to perform or by virtue of which he does perform any work or services out of Nova Scotia, shall, unless there be an agreement to the contrary in writing signed by the workman, be deemed to include and be subject to the following covenant on the part of the employer with the workman, which shall bind the employer, his heirs, executors, administrators, successors, and assigns as fully and as effectually as if executed in writing by the employer and under seal, viz:

Same.

Navigation and fishing.

Work outside of Nova Scotia.

Same,

Actions at law forbidden.

Employer liable, when.

EMPLOYER'S COVENANT WITH WORKMAN.

Subject to the provisions of section 8 of the workmen's compensation act the employer, for valuable consideration and as a condition of the workman's consent to perform or of his performing work or serv ices out of Nova Scotia, covenants with the workman that before the workman shall be required or permitted by the employer to perform any work or services out of Nova Scotia in the industries set forth in subsection (b) hereof, he (the employer) shall apply to the workmen's compensation board of Nova Scotia to have the industry in which such workman is employed, admitted as being within the scope of part one of the workmen's compensation act- if the same be not then within the scope of said part-and that the employer shall furnish all information and pay such assessments as may be required to obtain a certificate of admission from the board, and if such industry be so admitted or is at the time within the scope of said part that the employer shall pay all assessments and furnish information required by the board to keep such industry within the scope of said part during the whole period of the workman's employment in such industry, and that if the employer refuses, neglects, or fails to perform any of the foregoing cove nants, the workman, and in case of his death his dependents, shall in the event of any accident happening to such workman while employed in such industry, out of Nova Scotia, be entitled to recover in an action from the employer an amount equal to the compensation or the capitalized amount of compensation that would be payable under said act if the industry were within the scope of part one of said act at the time of the accident.

(b) The foregoing subsection (a) hereof shall apply to the industries of navigation" and "fishing," and then only to the work or services performed or to be performed by a workman, as an officer or member of the crew of a ship registered in Nova Scotia or operated by an employer residing or having a place of business in Nova Scotia, and for the period that the operations of the ship are confined to the making of voyages or trips between places in Nova Scotia and places in New Brunswick, or Prince Edward Island, or Newfoundland, or to the making of fishing trips or voyages from ports or places in Nova Scotia

(3) An industry carried on out of Nova Scotia shall be within the scope of this part when the board has upon application of the employer admitted such industry so carried on out of Nova Scotia as being within the scope of this part, and has issued a certificate to that effect, and then only during the period of and subject to the terms stated in su h certificate. The admission of such industry and the granting of su h certificate shall be in the discretion of the board.

(4) (a) Where an accident happens while the workman is employed elsewhere than in Nova Scotia, which would entitle him or his de pendents to compensation under this part if it had happened in Nova Scotia, the workinan or his dependents, as the case may be, shall be entitled to compensation under this part if the industry carried on out of Nova Scotia at the time of the accident is within the scope of this part by virtue of subsection (3) of this section.

(b) Section 11 of this act shall apply to the dependents of such workman whose death results from such accident, and the workman or his dependents so far as they are within the jurisdiction of the supreme court of Nova Scotia may be restrained or enjoined from commencing or prosecuting any action or proceeding within or without Nova Scotia. and the production of a certificate from the board that the workman and the industry, in which such workman was employed at the time of the accident, were within the scope of Part I shall be sufficient proof

of that fact.

(5) A workman or his dependents, as the case may be, who woud be entitled to compensation under this part but for the refusal, neglect, or failure of an employer within the provisions of this section to perform the statutory covenant set forth in said section. shall be entitled to recover compensation from such employer, and such employer shad be personally liable for the payment of compensation to such workman or his dependents as provided by said statutory covenant of the employer and the provisions of this part.

Section not ap

(6) This section shall not apply to such part of an industry as is carried on out of Nova Scotia, nor to a workman engaged therein for the plicable, when. period that such industry and such workman are within the scope and operation of a workmen's compensation act in force in the jurisdiction out of Nova Scotia in which such industry is carried on, and under which the workman, if injured, is required to accept the provisions of that act in lieu of any action against the employer and under which the employer has been or may be compulsorily assessed with respect to such industry.

Law of place of

(7) (a) If, notwithstanding the provisions of this section, the workman or his dependents are, by the law of the country or place in which injury. the accident happens, entitled to proceed by action or other proceedings in any court against the employer personally to recover damages or compensation against the employer in respect of such accident; or (b) if in the opinion of the board the law of such country or place is doubtful in that respect; or (c) if any demand for damages had been made upon or any notice of action has been given to the employer with respect to any accident in respect of which compensation is payable under this part; or (d) if an action or other proceedings in any country or place outside of Nova Scotia has been commenced. no compensation shall be payable under this part in the cases mentioned in (a) and (b) of this subsection, unless an election be first made to claim compensation under the provisions of this part in lieu of all claims and rights under the law of such other country or place, and unless such undertaking be given as the board may require that no action or other proceedings will be commenced against the employer for damages, or to attach or levy upon any property, of the employer in such country or place; and in the cases mentioned in (c) and (d) hereof any compensation that the person making such demand or commencing such action or proceeding would otherwise be entitled to under this part, may be forfeited in whole or in part by the board in its discretion, and the board may pay to the employer such amount, not to exceed the amount forfeited, as was actually paid out by the employer by reason of such action or proceeding.

(8) Except as provided by this section, no compensation shall be Statute limited. payable under this part where the accident to the workman happens elsewhere than in Nova Scotia, and the amount of compensation payable under this section to any person residing out of the Province at the time of the accident shall not exceed the amount that would be payable to such person under the laws of the country or place in which the accident happens.

(9) In the case of a nonfatal accident happening to a workman employed on board of any vessel, compensation shall not be payable under this part, for the period that the owner of the vessel is, under the Merchants Shipping Act and amendments thereto or otherwise, liable to defray the expenses of maintenance of the injured workman, and in the case of a fatal accident where the owner of the vessel is liable to pay the expenses of burial, such expenses shall not be payable out of the accident fund.

Accidents on vessels.

SEC. 8a. (a) In respect to the industry of fishing, a person who Fishing. becomes a member of the crew of a ship registered in Nova Scotia under an agreement to prosecute a fishing voyage or voyages in the capacity of a sharesman, or who is described in the shipping article as a sharesman, or who agrees to accept in payment of his services any share or proportion of the proceeds or profits of the venture, with or without other remuneration, shall be considered and deemed to be a workman within the meaning of this part.

(b) The owners of or persons operating the ship referred to in (a) hereof shall be deemed to be employers within the meaning of this part.

(c) Members of the crew of such ship who are remunerated for their services in the manner mentioned in (a) hereof shall, for the purposes of assessments under this part, be deemed to earn wages at the rate of $1.200 a year, and in case of accident where the compensation payable depends upon the earnings or average earnings of such workman, he shall be deemed to earn at the rate of $1.200 a year.

(d) Assessments paid or payable in respect of such industry shall be borne wholly by the employers.