LABOUR LAWS ENACTED IN THE DOMINION OF CANADA

IN 1916.

(In setting out the text of the federal and provincial statutes precedence is given to the legislation of the Dominion, that of the provinces following, the provinces being arranged in geographical order, proceeding from East to West.)

DOMINION OF CANADA.

USE OF WHITE PHOSPHORUS IN MATCHES.

Chapter 4 Section 1-Section thirteen of The White Phosphorous Matches Act, chapter twelve of the statutes of 1914, is repealed and the following is substituted therefor :

Extension of time within which matches may be

"13. This Act shall come into force on the first day of January, one used. thousand nine hundred and fifteen, except section five thereof, which shall not come into force until the first day of July, one thousand nine hundred and sixteen: Provided, however, that the provision in the said section forbidding the use of any matches made with white phosphorous shall not come into force until the first day of January, one thousand and nine hundred and seventeen."

2. The provisions of this Act shall be held to have come into force on, from and after the first day of January, one thousand nine hun- Section 1 retrodred and sixteen.

Assented to March 23, 1916.

PILOTS AND APPRENTICES IN PILOTAGE DISTRICT OF QUEBEC.

active.

Chapter 13, Section 1-Sections four hundred and forty-two, four Repeal. hundred and forty-three and four hundred and forty-four of the Canada Shipping Act, Revised Statutes of Canada, 1906, chapter one hundred and thirteen, with the heading immediately preceding section four hundred and forty-two, are repealed and the following sections and heading are substituted therefor :

" PILOTAGE DISTRICT OF QUEBEC.

PILOTS AND APPRENTICES.

"442. The number of pilots for the Pilotage District of Quebec shall not exceed one hundred and twenty-five.

"443. Whenever the period of apprenticeship of any apprentice under the Quebec Pilotage Authority has been interrupted by sickness, involuntary absence or other legitimate cause, such apprentice, subject to such regulations as may be made by the Pilotage Authority, may be allowed to serve an additional period equal to the time lost by such interruption, and, if found otherwise qualified and entitled to a license as a pilot, he may be granted such license after he has completed a full period of service of seven years, including the said additional period."

Assented to March 18, 1916.

(See opposite page.)

CONVICT LABOUR.

[Chapter 21, Section 3-Repeals sections forty-five to forty-eight inclusive of the Prisons and Reformatories Act. (1906 R.S. of Canada, Chapter 148) and permits under certain conditions the transfer of persons confined in the common jails of the province of Ontario under sentence of imprisonment for offences against the laws of Canada to the Ontario Reformatory or to an Industrial Farm. The new section 47 reads:]

Number of Quebec pilots.

47. The Lieutenant Governor may, from time to time, authorize, Employment of direct or sanction the employment upon any specific work or duty offenders. without or beyond the limits of the Ontario Reformatory or an Indus

Discipline.

Employment of offenders.

Discipline.

trial Farm of any of the prisoners confined or sentenced to be imprisoned therein or transferred thereto, as herein provided.

"2. All such prisoners shall, during such last mentioned employment, be subject to such rules, regulations and discipline as are approved by the Lieutenant Governor in that behalf."

[Section 4 repeals sections fifty-nine to sixty-one inclusive and permits under certain conditions the transfer of any female from time to time confined in any common jail of the province under sentence of imprisonment for any offence against the laws of Canada to the Reformatory or to an Industrial Farm. With respect to the employment of such persons the new section 59 has the following:]

“2. The Lieutenant Governor may from time to time authorize, direct or sanction the employment upon any specific work or duty without or beyond the limits of the Reformatory or Industrial Farm of any female confined or sentenced to be imprisoned or transferred thereto as herein provided.

3. All such prisoners shall, during such last mentioned employment, be subject to such rules, regulations and discipline as are approved by the Lieutenant Governor in that behalf." Assented to May 18, 1916.

NOVA SCOTIA.

WORKMEN'S COMPENSATION.

Chapter 7, Section 18-Section 11 of Chapter 1 of the Acts of 1915 is repealed and the following section substituted therefor:

11. The provisions of this part shall be in lieu of all rights and rights of action, statutory or otherwise, to which a workman or his dependents are or may be entitled against the employer of such workman in or by reason of any accident in respect of which compensation is payable hereunder, and no action in respect to such accident shall lie.

WAGES OF RAILWAY EMPLOYEES PAYABLE SEMI-MONTHLY. Chapter 13 Chapter 99 of the Revised Statutes of Nova Scotia is hereby amended by adding thereto the following clauses:

1. The wages of every person employed on or about a railway shall be paid twice in each month, at intervals as nearly as possible of half a month.

2. At each of such times of payment the wages of such employee shall be paid up to the time of the last preceding time of payment, and any employee who is absent at any such time of payment shall at any time thereafter, on demand, be entitled to be paid his wages up to such last preceding time of payment.

3. The owner, agent, superintendent or manager of any railway who contravenes or fails to comply with this section shall each be guilty of an offence against this Chapter.

4. In case of any proceeding instituted in respect of an offence against this section:

(a) Three days' notice of the intention to institute such proceeding shall be given to such owner, agent, superintendent or manager; (b) Every such proceeding shall be instituted within thirty days from the commission of the offence charged;

(c) The owner, agent, superintendent or manager accused shall not be permitted to set up by way of defence any agreement of hiring inconsistent with this section, and

(d) Any penalty recovered shall be paid to the treasurer of any municipality or town through which the railway runs in respect to which the offence was committed is situated.

5. This Act shall come into force on the first day of October, 1916. Passed May 17, 1916.

WAGES OF COAL MINERS PAYABLE WEEKLY.

Chapter 17, Section 1.-Subsections (1) and (2) of section 29 of chapter 8 of the Acts of 1908, "The Coal Mines Regulation Act," are repealed, and the following subsections substituted therefor:

(1) The wages of every person employed in a coal mine, other Wages payable than those whose wages are fixed at a monthly rate, shall be paid at weekly. weekly intervals.

(2) At each of such times of payment the wages of such employees Basis of payment. shall be paid up to the date of the last preceding time of payment,

and any employee who is absent at any such time of payment shall

at any time thereafter on demand be entitled to be paid his wages

up to such last preceding time of payment.

2. Section 31, subsection 2, of said chapter 8, Acts of 1908, is Section 31, amended by striking out the words a semi-monthly in lines 5 amended. and 6 of said section and inserting in lieu thereof the words "the

3. This Act shall come into force and effect on the first day of Act, when in force. May, 1917.

Passed May 17, 1916.

REGULATION AND INSPECTION OF COAL MINES.

Chapter 18, Section 1.-Rules 1, 2 and 3 of section 46 of chapter 8 Rules substituted of the Acts of 1908 are repealed, and the following substituted there- for Rules 1, 2 and for :

3.

Rule 1. An adequate amount of ventilation shall be constantly Rule 1. produced in every mine to dilute and render harmless inflammable Ventilation.

or noxious gases to such an extent that all underground places in

the mine (except places sealed or properly fenced off according to the

law) shall be in a fit state for passing and working therein.

Rule 2. (1) In every mine in which inflammable or noxious gas has Inspection of inbeen found within the preceding twelve months, a competent person, flammable gas. holding a certificate of underground manager, overman or examiner, who shall be appointed for the purpose, shall inspect, with a locked safety lamp, every part of the mine except places abandoned and properly fenced off according to law, within five hours of the time of each shift commencing work, and if inflammable or noxious gas has been found within the preceding three months, then within three hours of the time of commencing work, and shall make a true report in writing to the manager, underground manager or overman at the time in charge of the pit, of the condition thereof as far as ventilation is concerned; and a workman shall not go to work in such part until the same and the roadways leading thereto are stated to him by a person appointed for that purpose to be safe.

(2) Every such report shall be recorded in a book which shall be Report. kept at the office of the manager of the colliery for the purpose, and

shall be signed by the person who made the inspection.

Rule 3. (1) In every mine in which inflammable or noxious gas Inspection before has not been found within the preceding twelve months, once in miners begin work. every twenty-four hours a competent person, holding a certificate as underground manager, overman or examiner, who shall be appointed for the purpose, shall, within five hours before the time for commencing work in any part of the mine, inspect, with a safety locked lamp. every part of the mine, except places abandoned and properly fenced off according to law, and shall make a true report in writing of the condition thereof so far as ventilation is concerned; and a workman shall not go to work in such part until the same and the roadways leading thereto are stated to him to be safe.

(2) Every such report shall be recorded in a book, which shall be Report. kept at the office of the manager of the colliery for the purpose, and shall be signed by the person who made the inspection.

2. Rule 6 of said Section 46 is repealed, and the following sub- Rule 6. stituted therefor :

Inspection where

Rule 6. (1) If at any time it is found by the person for the time mine dangerous. being in charge of the mine, or any part thereof, that by reason of inflammable or noxious gases prevailing in such mine, or such part thereof, or for any cause whatever, the mine or the said part is dangerous, every workingman shall be withdrawn from the mine, or such part thereof as is so found dangerous, and a competent person, who shall be appointed for the purpose, shall inspect the mine or such part thereof as is so found dangerous, and if the danger arises from inflammable or noxious gas, shall inspect the same, with a locked

Report.

Rule 7. Kind of lamp allowed and inspection of

Rule 7. Electric lamps.

Commissioner may order inspection.

safety lamp, and in every case shall make a true report of the condition of such mine or part thereof; and a workman shall not, except in so far as is necessary for inquiring into the cause of danger or for the removal thereof, or for exploration, be re-admitted into the mine, or such part thereof as was so found dangerous, until the same is stated by such report not to be dangerous.

(2) Every such report shall be recorded in a book, which shall be kept at the office of the manager of the colliery for the purpose, and shall be signed by the person who made the inspection.

3. Rule 7 of said Section 46, as enacted by Section 1 of Chapter 62 of the Acts of 1912, is repealed and the following substituted therefor:Rule 7. In every working approaching any place where there is likely to be an accumulation of inflammable or noxious gas, no lamp or light other than a locked safety lamp shall be allowed or used; and whenever safety lamps are required by this Chapter, or by any special rules made in pursuance of this Chapter to be used, a competent person, who shall be appointed for the purpose, shall examine every safety lamp immediately before it is taken into the workings for use, and ascertain if it is secure and securely locked; and in any part of a mine in which safety lamps are required to be used, they shall not be used until they have been so examined and found secure and securely locked, and shall not be unlocked except at a lighting station; and in the said part of the mine, no person, other than a shot-firer, employed in such mine as a shot-firer, shall have in his possession any key or contrivance for opening the lock of any safety lamp, or any lucifer match or apparatus of any kind for striking a light, and in any mine in which more than forty safety lamps are used at any one time, there shall be a person appointed whose duty it is to see that the lamps are in good order when given out to the workmen.

4. Rule 7b, added to said Section 46 by Chapter 43 of the Acts of 1913, is repealed and the following substituted therefor :

7b. Nothing in this rule, or in this Act, or any amendment thereof, shall make illegal the use of electric lamps, of a type to be approved of by the Commissioner; provided, however, that no such electric lamps shall, under any circumstances, be used for the purpose of examination for the detection of inflammable or noxious gas.

5. Subsection (6) of Rule 8, as enacted by chapter 51 of the Acts of 1909, is repealed and the following subsection substituted therefor:(6) The Commissioner, upon representation made to him in writing by the owner, agent or manager of any mine, that the finding of inflammable or noxious gas in quantity sufficient to show in a safety lamp on three consecutive days was exceptional in the case of such mine, and that the mine is damp and not dry or dusty, may cause an examination of such mine to be made by the Inspector, and if the Inspector approves, may order that the provisions of Clause (4) of this rule shall apply to such mine only if inflammable or noxious gas is found in quantity sufficient to show in a safety lamp on two consecutive days in each of two consecutive weeks.

6. Subsection (3) of Rule 11 of said section 46 is repealed, and the following substituted therefor:

(3) Whenever in the opinion of the Inspector the precautions required by this rule with respect to roads over which the product of the mine is drawn by machinery or other mechanical appliance are not sufficient for the safety of the men travelling thereon, he shall require the owner, agent or manager of such mine to provide a separate travelling road.

Passed May 17, 1916.

66

Lands" shall include leaseholds;

Securities" shall mean bonds, debentures, debenture stock, or other securities.

Council' or "City Council means the Council of the City of Halifax, composed of the mayor, who is deemed to be a member thereof, the controllers, and the Aldermen of the city of Halifax. "City" means the city of Halifax.

2. A company incorporated under the Nova Scotia Companies' Act, Company may petiwith a share capital, whose main purposes of incorporation are the tion for guarantee acquisition of lands in or near the city and the building and making of securities. thereon of dwelling houses of moderate size and improvements and conveniences to be rented at moderate rents, may petition the council

of such city to guarantee its securities, to enable or assist it to raise

money to carry out such main purposes.

3. If the council is satisfied that additional housing accommo- When Council may dation for those living or working in the city is urgently needed, and give guarantee. that the main purpose of the company is to help, bona fide in supplying such need, and is not to make profits, and that the company, without borrowing the money required over and above the proceeds of the guaranteed securities, for the housing accommodation in contemplation, will be able to provide the same, the council may give such guarantee to the amount and upon the terms and conditions hereinafter contained.

4. The council shall, before the guarantee is given, approve of the Location of lands location of the lands selected for the housing accommodation and of to be approved. the general plans for the houses.

5. The securities to be guaranteed shall be secured by one or more Deed of Trust. deeds of trust by way of first mortgage or charge upon such lands as

the council may approve of, including the houses and improvements

built and made or to be built and made thereon.

6. (1) The kind of securities to be guaranteed and the forms and Securities and Deed terms thereof, and the forms and terms of the deed or deeds of trust of Trust to be apsecuring them, and the trustee or trustees, and the times and manner proved by Council. of the issue of securities, and the disposition of the moneys to be raised thereon by sale, pledge or otherwise, pending the expenditure of such moneys, and the forms and manner of guarantee, shall be such as the council approve of; and such terms, provisions and conditions may be included in such deed or deeds of trust as the council deem expedient or necessary.

(2) Such guarantee shall be subject to the approval of the Com- Guarantee to be missioner of Municipal Sinking Funds. The guarantee shall be approved by Comsigned by the mayor, treasurer and city clerk of the city of Halifax, missioner how and shall have affixed thereto the seal of the city, and upon being signed.

so signed, the city shall become liable for the payment of the prin

cipal and interest of the securities guaranteed, according to the tenor thereof.

(3) If the city becomes liable to pay any of such guaranteed securi- Proviso for judgties, it may provide for the payment of the same out of the general ment.

funds of the corporation or by the issue of debentures payable within

a term not exceeding ten years from the issue thereof.

8. The total amount of securities to be guaranteed shall not in the Guarantee not to first instance exceed eighty-five per cent of an amount to be fixed in exceed 85 per cent, the deed or deeds of trust as representing the value of the lands and etc. housing accommodation and improvements to be built and made thereon, and the said deed or deeds may make all convenient provisions for the expenditure of additional moneys on the said lands and housing accommodation and improvements, and for the acquisition of additional lands to be made part of the mortgaged premises, and for the expenditure thereon, and for the issue of additional guaranteed securities under said deed or deeds, but so that the total amount outstanding shall not exceed eighty-five per cent of the value of the mortgaged premises, to be ascertained and fixed in the manner provided in such deed or deeds, and for the issue of such additional securities in advance of expenditure, and for the disposition of the moneys to be raised thereon by sale, pledge or otherwise, pending the expenditure thereof.

9. The council of the city which guarantees securities of the com- City entitled to one pany as provided for in this Act may from time to time appoint and director. remove one member of the board of directors of such company, and in case of a vacancy in such membership by removal, death, resignation or otherwise, his successor may be appointed by the council, and so on from time to time. It shall not be necessary for the appointee of the council to hold stock in the capital of the company or to be otherwise qualified as a director.

Books open for

10. The books of a company whose securities have been guaranteed by a city (hereinafter referred to as the "Assisted Company ") inspection. 20712-2