LABOUR LAWS ENACTED IN THE DOMINION OF CANADA IN 1917.

(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.

Regulation of Chinese Immigration.

Chapter 7.-1. (1) Paragraph (c) of subsection one of section seven of the Chinese Immigration Act, Revised Statutes of Canada, 1906, chapter ninety-five, as enacted by chapter fourteen of the statutes of 1908, is amended by inserting the following after clause five thereof:

"(6) Clergymen;

(7) Students coming to Canada for the purpose of securing a higher education in any Canadian college or university or other educational institution approved by the Minister."

(2) Subsection three of section seven, as enacted by the said chapter fourteen of the statutes of 1908, is repealed.

2. The following sections are inserted immediately after the said section seven :— "7a. Any person admitted as exempt from the tax, and who ceases to belong to one of the exempt classes, shall be required to pay into the Consolidated Revenue Fund of Canada the tax of five hundred dollars, and, if the person refuses or fails to pay the tax, he shall be deported, at his own expense if able to pay, and if not, at the expense of His Majesty.

"7b. Whenever any officer appointed under this Act or under The Immigration Act has reason to believe that any person of Chinese origin is illegally in Canada, he may without a warrant apprehend such person, and, if such person is unable to prove to the satisfaction of the officer that he has been properly admitted into and is legally in Canada, the officer may detain such person in custody and charge him before a magistrate with being illegally in Canada, which charge shall be tried summarily by the magistrate, and the burden of proof of such person's right to be in Canada shall rest upon such person; and, if the magistrate decides that he is illegally in Canada, such person shall be deported, at his own expense if able to pay, and if not, at the expense of His Majesty."

Assented to July 25, 1917.

Wages of Railway Employees payable Semi-Monthly-Railway Regulations.

Chapter 37.-1. Section two hundred and fifty-nine of the Railway Act is amended by adding thereto the following subsection:

"(3) The salary or wages of every person employed in the operation, maintenance or equipment of any railway company to which the Parliament of Canada has granted aid by means of subsidy or guarantee, shall be paid not less frequently than semimonthly during the term of employment of such person."

[Section 3 amends section 50 of the Railway Act, which provides that when an order or regulation of the Board of Railway Commissioners requires the completion of any act or thing within a specified time, the Board may extend the time so specified, if the circumstances warrant such extension. The amending section adds the following clause:-]

but where such regulation, order or decision requires any Act, matter or thing to be done for the safety of the public or the employees of the railway, no extension shall be granted without hearing on notice."

4. Subsection one of section two hundred and forty-six of the said Act is amended by inserting immediately after the word maintained" in the third line thereof, the words" along or."

5. Section two hundred and sixty-nine of the said Act is amended by adding thereto the following paragraphs:

[The Board may make regulations,-]

(d) with respect to the length of sections required to be kept in repair by employees of the company, and with respect to the number of employees required for each section, so as to ensure safety to the public and to employees;

'(e) limiting or regulating the hours of duty of any employees or class or classes of employees, with a view to the safety of the public and of employees;

8. Subsection one of two hundred and ninety-two of the said Act is amended by adding at the end thereof:—

Any conductors or other employees making a report to the company of the occurrence of any such accident shall as soon as possible after such accident notify the Board of the same by telegraph."

10. Subsection one of section three hundred and six of the said Act is amended by striking out the word "one," in the third and fifth lines thereof, and substituting therefor the word "two."

11. Section three hundred and eight of the said Act is repealed and the following is substituted therefor:

"308. The company may, for the better enforcement of the observance of any such by-law, rule or regulation, prescribe a penalty not exceeding forty dollars for any violation thereof, and such penalty shall be enforceable on summary conviction."

12. Subsection three of section three hundred and ten of the said Act is repealed and the following is substituted therefor:

(3) No such by-law, rule or regulation shall have any force or effect without such sanction or after such sanction has been rescinded."

14. Section three hundred and ninety-four of the said Act is amended by adding thereto the following subsection:

(2) No employee shall be liable to such penalty if he proves that the carrying out or observing of the rules of the company was the cause of such obstruction, and in such case the company and its superintendent or other officer in charge of the operation of the railway, or of the division thereof upon which such obstruction occurs, shall each be guilty of the offence mentioned in this section, and liable to a penalty not exceeding two hundred dollars."

15. This Act shall come into force on the first day of January, one thousand nine hundred and eighteen.

Assented to September 20, 1917.

PRINCE EDWARD ISLAND.

Employment of Children-School Attendance.

Chapter 10.-2. (b) Section 90 of said [Public Schools] Act is hereby amended by striking out the word "thirteen" in the second line thereof and substituting the word fourteen" in lieu thereof, and by striking out the words twelve weeks in the sixth line thereof and substituting the words following: "thirty weeks if such person resides in the towns of Charlottetown or Summerside, and twenty weeks if he resides elsewhere in the province.'

Assented to April 26, 1917.

NOVA SCOTIA.

Employment of Children in Breweries, etc.

Chapter 2.-21. Every agent of a children's aid society, and any duly appointed agent of the Superintendent [of Neglected Children] shall have the power and authority of a constable for the purpose of enforcing any of the provisions of this Act.

22. Any such agent or any policeman of an incorporated city or town, or any provincial or municipal constable, may apprehend without warrant and bring before the judge, as neglected, any child who

(i) is employed in any brewery or any shop, saloon, tavern or other place where intoxicating liquors are made, bottled or sold.

37. (1) Any person who knowingly or wilfully is guilty of any act or omission which causes, produces, promotes or contributes to a child becoming a neglected child within the meaning of this Part of this Act, shall be liable, on summary conviction before a judge, to a penalty not exceeding one hundred dollars, or to imprisonment for a period not exceeding one year, or to both penalty and imprisonment.

(2) The judge may impose conditions upon any person found guilty under this section, and suspend sentence, subject to such conditions, and upon proof at any time that such conditions have been violated, may pass sentence on such person. Passed May 9, 1917.

Employment of Women and Children-Hours of Labour in Shops.

Chapter 2.-67. In this part, unless the context otherwise requires:

(a) the expression shop means any retail, auction or wholesale shop, store, booth, stall or warehouse in which assistants are employed for hire;

(b) the expression young person means any boy under the age of fourteen years and any girl under the age of sixteen years, as the case may be, but does not mean or include any person whose usual and ordinary employment in or about a shop is that of a driver of a delivery wagon, van or vehicle;

(c) the expression employer means any person who, in his own behalf, or as the manager, superintendent, overseer, agent for any person, firm, company or corporation, has charge of any shop and employs persons therein;

(d) the expression "week means the period between midnight on Sunday night and midnight on the succeeding Saturday night;

(e) the expression parent" means a parent or guardian of, or a person having the legal custody of, or the control over, or having direct benefit from the wages of, a young person.

68. Nothing in this Part of this Act shall apply to a shop in which the only young persons employed are members of the family dwelling in the building of which the shop is a part.

69. A young person shall not be employed in or about any shop for a longer period than eight hours on any day, exclusive of meal time, nor for a longer period than four hours on any Saturday, and on every day on which such young person is employed for more than four hours, not less than one hour shall be allowed for the noonday meal. 70. Where any young person is employed in or about a shop contrary to the provisions of this Part of this Act, the employer shall, upon conviction thereof, be liable to a penalty not exceeding twenty dollars for each person so employed, and in default of payment to imprisonment for a period not exceeding one month.

71. The parent of any young person employed in a shop in contravention of this Part of this Act, shall, unless such employment is without the consent, connivance or wilful default of such parent, for each offence, be liable to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding one month.

72. Every employer shall at all times provide and keep in the shop occupied by him a sufficient and suitable seat or chair for the use of every female employed in such shop, and shall permit her to use such seat or chair when not necessarily engaged in the work or duty for which she is employed in such shop; and any person offending against any of the provisions of this section shall be liable to a penalty not exceeding twenty dollars, and in default of payment to imprisonment for a period not exceeding one month.

73. In every shop in which any young person is employed there shall be kept exhibited by the employer, in a conspicuous place, a notice referring to the provisions of this Part of this Act, and stating the number of hours in the week during which a young person may lawfully be employed therein.

74. Where the employer of a young person is charged with an offence against any of the provisions of this Part of this Act, he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the said employer proves to the satisfaction of the court that he has used due diligence to enforce the execution of the provisions of this Part of this Act, and that the said other person has committed the offence in question without his knowledge, consent or connivance, the employer shall be exempt from any penalty or imprisonment, but the said other person shall thereupon be summarily convicted of such offence, and shall be liable to the same penalty or imprisonment therefor as if he were the employer.

75. If a young person is, in the opinion of the court, apparently of the age alleged by the informant, it shall lie on the defendant to prove that the young person is not of that age.

76. A person shall not be liable in respect of a repetition of the same kind of offence from day to day, to any larger penalty or imprisonment fixed by this Part of this Act for the offence, except

(a) where the repetition of the offence occurs after an information has been laid for the previous offence, or

(b) where the offence is one of employing two or more young persons contrary to the provisions of this Part of this Act.

77. The following provisions shall apply with respect to summary proceedings for offences and penalties under this Part of this Act:

(a) the information shall be laid within one month after the commission of the offence;

(b) the description of an offence in the words of this Part of this Act or in similar words shall be sufficient in law;

(c) any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offence in this Part of this Act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant;

(d) it shall be sufficient to allege that a shop is a shop within the meaning of this Part of this Act;

(e) it shall be sufficient to state the name of the ostensible employer, or the title of the firm by which the employer employing persons in the shop is usually known; (f) a conviction or order made in any matter arising under this Part of this Act, either originally or on appeal, shall not be quashed for want of form.

78. Any prosecution under this Part of this Act may be brought and heard before any justices of the peace in and for the county or municipality in which the offence was committed, or before a stipendiary magistrate or the judge of a juvenile court for the city or town in which the offence was committed, and save where otherwise provided by this Part of this Act, the procedure shall be governed by "The Summary Convictions Act."

Passed May 9, 1917.

Board of Investigation respecting the Coal Industry.

[Chapter 10 empowers the Governor in Council to appoint a Board of Investigation to inquire into various matters connected with the coal industry, such as the economic and other conditions under which the industry is carried on, the wages of employees, and the rights and duties of employers and employees. At the date of writing no action has been taken under the authority of this statute.]

Passed May 9, 1917.

Hours for Closing Shops.

shall have power to make by-laws

Chapter 27.-1. Section 263 of The Towns' Incorporation Act, is amended by adding thereto the following subsection:for:-]

[The town council (80) Providing that during the whole or any part of the year all or any class or classes of shops, stores or places in which goods are exposed or offered for sale by retail in the town shall on any day or days be closed so as not to serve customers at any hour or during any hours, on such day or days.

Passed May 9, 1917.

Employers to furnish Names of Employees to Assessors.

Chapter 29.-6. Section 20 of chapter 73 [The Assessment Act] is hereby repealed and the following substituted :

20. (1) The assessors shall, up to the thirty-first day of October, add to the assessment roll the names of persons liable to pay a poll tax who have not paid taxes in any municipality or town during the current year.

(2) Every person, firm, or corporation that employs in any trade, manufacture, enterprise, business or calling, one or more persons liable to pay a poll tax shall within

ten days after demand therefor annually furnish to the assessors or to the Town Clerk in writing the names and addresses of each such employee and thereafter, at intervals of not less than three months, furnish to such assessors or Town Clerk the names and addresses of any other such employees employed in the interim.

(4) Every person, firm or corporation that fails to furnish the names and addresses of employees employed . . . shall be liable to a penalty not exceeding twenty dollars for each such offence.

Passed May 9, 1917.

Regulation and Inspection of Coal Mines.

Chapter 46.-1. Section 10 of said chapter 8 [Coal Mines Regulation Act], as amended by section 3 of chapter 61, Acts of 1912, is hereby repealed, and the following substituted therefor:

10. For the purpose of ascertaining the fitness of applicants for certificates of competency as managers, underground managers and overmen, the Commissioner shall appoint such person or persons as he deems necessary to examine all papers written by candidates at the annual examination hereafter provided for. No person so appointed shall be a member of the Board which prepares the questions under section 9.

2. Section 47 of said chapter is hereby repealed, and the following is substituted therefor:

47. (1) The owner, agent or manager of any mine may make such special rules as are deemed necessary for the conduct and guidance of the persons acting in the management of such mine or employed in or about the mine, and as under the particular state and circumstances of such mine appear best calculated to prevent dangerous accidents, and to provide for the safety and proper discipline of the persons employed in or about the mine.

(2) Such special rules when approved by the Commissioner shall be signed by the inspector and shall be of the same force and effect in and about the mine to which they apply to the same extent as if they were enacted in this Chapter; if any person who is bound to observe the special rules established for any mine acts in contravention of or fails to comply with any of such special rules, he shall be guilty of an offence against this Chapter; the owner, agent and manager of such mine shall be guilty of an offence against this Chapter if he contravenes or fails to comply with any of such special rules, unless he proves that he had taken all reasonable means to prevent such contravention or non-compliance by publishing, and to the best of his power enforcing, such rules as regulations for the working of the mine.

3. Section 48 of said chapter is hereby repealed, and the following substituted therefor:

48. (1) Before being transmitted to the Commissioner for approval, the proposed special rules shall be posted and kept posted for a period of not less than two weeks in at least two conspicuous places at the mine to which they apply, and where all persons affected thereby may have access thereto, and shall be accompanied by a notice signed by the owner, agent or manager of the mine, stating that any objection to any such proposed rules, on the ground of anything contained therein or omitted therefrom, may be sent by any of the persons employed in the mine to the Inspector of Mines at his address at the Mines Office, in Halifax, or to the person who signs the said notice. The owner, agent or manager shall, when transmitting the said proposed special rules to the Commissioner, attach thereto a certificate stating that said proposed rules accompanied by said notice have been so posted up, and shall at the same time transmit to the Commissioner any objections that have been received by him from any of the persons employed in the said mine and who are affected thereby.

(2) If the owner, agent or manager makes any false statement with respect to the posting up of the rules and notices he shall be guilty of an offence against this Chapter. (3) Every person who pulls down, injures or defaces any proposed special rules or notice when posted up in pursuance of the provisions of this Chapter, or any notice posted up in pursuance of the special rules, shall be guilty of an offence against this Chapter.

4. Section 49, subsections 2 and 3, are hereby repealed and the following substituted :

49. (2) If the owner, agent or manager does not, within twenty days after the modifications, omissions, alterations, substitutions or additions proposed by the Commissioner are transmitted to him, object in writing to the same, the proposed special rules, with such modifications, omissions, alterations, substitutions or additions, shall be made by the Commissioner and shall be effective as though they were contained in the original proposed special rules.

(3) In case of any dispute arising between the Commissioner and the owner, agent or manager of any mine, as to any modifications, omissions, alterations, substitutions or additions to the proposed special rules made by the Commissioner and to which the said parties are unable to agree, the said dispute shall be referred to the Governor in Council by the Commissioner, and the decision of the Governor in Council as to said dispute shall be final.