Mothers' Pensions Chapter 35.-1. This Act may be cited as the "Mothers' Pensions Act Amendment Act, 1921 (Second Session)." 2. Section 2 of the "Mothers' Pensions Act," being chapter 61 of the Statutes of 1920, as amended by section 2 of the "Mothers' Pensions Act Amendment Act, 1921," [interpreting the terms used in the Act] is repealed, and the following is substituted therefor: "2. In this Act, unless the context otherwise requires "Board' means 'The Workmen's Compensation Board' as constituted under the 'Workmen's Compensation Act'; "Mother' means any indigent person who is the mother of a child or children under the age of sixteen years, and who is [the requirement in each clause relating to domicile is new] "(a) A widow whose husband at the time of his death was domiciled in the province; or (b) A married woman whose husband became an inmate of a penitentiary or public hospital for insane at a time when he was domiciled in the province; or "(c) A woman whose husband is unable to support his family by reason of total disability from sickness or accident arising at a time when he was domiciled in the province; or "(d) A deserted wife whose husband deserted her at a time when he was domiciled in the province; or "(e) Any other person whose case, in the opinion of the Board, is a proper one for assistance under the provisions of this Act." 3. Section 3 of said chapter 61 is amended by striking out subsection (1), and substituting therefor the following [the word "Board" being substituted for superintendent]:: "(1) Upon application made to the board by any mother, and upon the recommendation of the board, an allowance shall be made for the support or partial support of the mother and her child or children out of the moneys appropriated by the Legisture for the purposes of this Act." 4. Section 5 of said chapter 61 [defining the powers of the superintendent in regard to applications] is amended by striking out the word " Superintendent" in the second line, and substituting therefor the word "Board." 5. Section 8 of said chapter 61 is repealed, and the following is substituted therefor: 66 66 (1) For the more effective administration of this Act throughout the province, the board [instead of the Lieutenant-Governor in Council] may in any place appoint a Local Advisory Board, whose duty it shall be to report on applications made to the board [instead of the superintendent], to visit families receiving assistance under this Act, and generally to perform such duties as may be prescribed by the regulations. (2) Notwithstanding the provisions of the Workmen's Compensation Act,' the board shall, in addition to the duties assigned to them under that Act, be charged with the administration of this Act; and the chairman of the board shall be paid, out of the moneys available for the administration of this Act, such additional salary, not to exceed one thousand dollars per annum, as the Lieutenant-Governor in Council may determine. [This subsection is new.] "(3) The board may require and direct any of the officers, clerks, or servants of the board to perform such incidental duties and services in connection with the administration of this Act as the board may deem advisable, but the performance of such duties and services shall not entitle the person performing them to any remuneration other than the salary paid to him under the 'Workmen's Compensation Act.' [This subsection is new.] "(4) The board may appoint such special officers, clerks, and servants as may be required for the proper administration of this Act, and, subject to the approval of the Lieutenant-Governor in Council, may fix their salaries. [Previously the officers, etc., were appointed under the Civil Service Act.] "(5) Any officer, clerk, or servant heretofore appointed pursuant to the section for which this section is substituted, or hereafter appointed pursuant to this section, may be dismissed or removed by and at the pleasure of the board." [This subsection is new.] 6. (1) The accounts of the board's administration under this Act shall be made up to the thirty-first day of March and the thirtieth day of September respectively in each year, and at such other times as may be determined by the Lieutenant-Governor in Council; and in every case the board shall prepare a balance-sheet and statement of account and submit the same to the Comptroller-General for his certification. (2) Copies of above balance-sheets and statements of accounts shall be forthwith laid before the Legislature if the Legislature is then in session, and if not then in session shall be laid before the Legislature within fifteen days after the opening of the next session. 7. This Act shall come into force upon Proclamation by the Lieutenant-Governor in Council. Assented to December 3, 1921. [The Act came into force by Proclamation on December 9, 1921.] Street Railways Chapter 41.-1. This Act may be cited as the "British Columbia Railway Act Amendment Act, 1921." 2. The "British Columbia Railway Act," being chapter 194 of the "Revised Statutes of British Columbia, 1911," is amended by inserting in Part XLIV [relating to power companies authorized to construct tramways] thereof as section 284A the following: "284A. No electric street-railway or tramway company shall operate on any route any type of street-car operated by one man only, commonly known as a 'one-man car,' without first having applied to and obtained the consent of the minister. Where application is made to the minister under this section in respect of the operation of one-man cars upon any route which traverses any portion of a municipality, the minister, before deciding the matter of the application, shall notify the council of the municipality, and shall hear all representations which the council may desire to make with regard to the proposed operation of one-man cars, and shall thereafter decide the matter of the application, having special regard to the safety of the public." Assented to December 3, 1921. Taxation Chapter 48.-1. This Act may be cited as the "Income and Personal-property Taxation Act." 38. On or before the twenty-eighth day of February in each year every person shall file with the Surveyor of Taxes a statement containing a complete list of the officers and employees of that person for the next preceding calendar year, and showing their addresses and the amounts of remuneration paid by him to each of them during that year; and every person who neglects or fails to fill any statement required by this section shall be guilty of an offence against this Act. Assented to December 3, 1921. Holidays and Rest Days Chapter 52.-1. This Act may be cited as the "Weekly Half-holiday Act Amendment Act, 1921." 2. Section 15 [requiring the closing on public holidays of shops coming under the Act] of the "Weekly Half-holiday Act," being chapter 75 of the Statutes of 1916, as enacted by section 3 of the "Weekly Half-holiday Act Amendment Act, 1920," is repealed, and the following is substituted therefor:- 15. (1) Every shop required to be closed on any half-holiday under this Act shall also be closed for the serving of customers during the entire day on the following public holidays, that is to say: Christmas Day, New Year's Day, Good Friday, Victoria Day, Dominion Day, Labour Day, Thanksgiving Day, and any day appointed by proclamation and declared to be a public holiday for the purposes of section 14 of this Act; and no employer shall require or permit any of his employees to remain in the shop on any of such public holidays. "(2) Every employer who keeps his shop open or who permits any of his employees to remain in his shop in contravention of subsection (1) shall be guilty of an offence against this Act, and shall be liable, on summary conviction, to a like penalty to that prescribed in section 8 of this Act." Assented to December 3, 1921. YUKON TERRITORY Liability of Employers for Taxes of Employees Chapter 1.-1. This ordinance may be cited as "The Bachelors' Tax Ordinance, 1921." 2. (a) "Bachelor" shall mean and include all unmarried persons, both male and female, above the age of 21 years and not over the age of 55 years, who may have resided or may reside in the Territory for a period of thirty days during the year 1921, but shall not include widows. 3. Except as herein otherwise provided, every bachelor in the Territory shall, for the year 1921, in addition to all other taxes and assessments, pay a tax of five dollars, which tax shall be payable immediately after the passing of this ordinance. 4. This ordinance shall not apply to nor shall the tax be collected from any person who, (a) is a member of the Royal Canadian Mounted Police; (b) is an Indian. 6. (1) Every employer of labour shall, on demand of the collector, as hereinafter provided, pay the tax for every person liable to the tax, in his employ, not only at the time when said demand is made, but also from time to time, for every such person in his employ during the year for which the tax is payable, and may deduct the amount so paid from the amount of salary or wages due or to become due to such person. Every such employer of labour shall be primarily liable for the tax in respect of every such person in his employ at any time during the year 1921 after the passing of this ordinance and until the tax in respect of such person is paid, and shall pay the same as provided by this ordinance. (2) Every such employer of labour shall from time to time furnish to the collector or sub-collector, when requested by him to do so, a list of all persons in his employ, directly or indirectly, but no such statement shall bind the collector or excuse him from making due enquiry to ascertain its correctness. (3) Every employer of labour within meaning of this ordinance shall be liable to all the provisions of this ordinance in regard to such persons in his employ, and as to all persons who work for him or on his premises or in connection with his business, whether such persons are employed directly by such employer of labour or indirectly through a contractor for labour. Such employer of labour shall, upon production of the receipt therefor, have the right to deduct from the amount payable to such contractor all sums paid for such tax by such employer of labour to the collector or sub-collector for any persons furnished to him by such contractor, and such contractor may deduct the same from the amount due by him to such persons respectively. (4) In the event of any person liable to the tax, while in the employ of an employer of labour, having paid the tax and producing the proper receipt therefor to him, the liability of such employer of labour shall cease in respect to the tax on such person, provided the collector shall, on demand, be furnished by such employer of labour with particulars of the name, number, date and place of issue upon such receipt. 7. Every employer of labour who fails to pay the said tax for any such person in his employ aforesaid, or to deliver to the collector the list mentioned as provided by the preceding section, or who knowingly states anything false in such list, shall be guilty of an offence, and, upon summary conviction therefor, be liable to a penalty not exceeding $100. 8. No employer of labour shall be responsible for payment of the tax in respect of any person in his employ until such person shall have been in his employ for at least five days and thereupon such employer shall be responsible for the tax of each such person and shall pay the same and may deduct the amount of the tax from the amount due to such person for wages, unless the employee at the time of settlement or payment of his account produces his receipt for the tax. 10. (3) When the tax is paid by an employer of labour for persons in his employ, a separate receipt for each person shall be issued. 14. The collector, sub-collector, or any person authorized by the Commissioner may demand from any person liable to pay the tax, under section 3 of this ordinance, the production of his receipt for the same, and, in default of such production or of payment of the tax forthwith, may levy the same, together with additional amount not exceeding fifty per cent of the amount of the tax, by way of penalty for nonpayment on demand, with costs, by distress of the goods and chattels of such person. The costs shall be the same as in distress proceedings between landlord and tenant. 15. The said tax and all penalties, whether due from the person liable to pay the same, or from any employer of labour, in regard to an employee or servant may (in addition to any other mode of recovery), at the option of the collector, be recovered, with costs, as in an action between parties for debt, by action brought in the name of the collector as such, and all proceedings had for the recovery thereof may be either under Part III of the Judicature Ordinance, relating to small debt procedure, or in a police magistrate's court, under the provisions of chapter 71 of the Consolidated Ordinances, 1914, relating to the civil jurisdiction of police magistrates. Assented to April 30, 1921. Hours of Labour-In Mines Chapter 5.-1. No person shall be employed in working underground in any shaft or tunnel in or upon any mineral claim in the Territory for a longer period than eight hours in any twenty-four hours except that when shifts change such person may be employed for whatever longer period may be necessary to make the change. 2. Any owner, agent or manager and any one acting on behalf of any owner, agent or manager, employing any workman or person in contravention of this ordinance shall be liable to a penalty not exceeding $50, nor less than $10, and costs, for each workman or person so employed, and every workman or person so working for a longer period than that specified in the preceding section shall be liable to a penalty not exceeding $50, and not less than $10, and costs. 3. (1) Provided that in cases of emergency the employment of or working by persons in such underground working for a longer period than eight hours in any twenty-four hours shall not constitute a violation of this ordinance. (2) The owner, agent or manager or person acting on behalf of any owner, agent or manager so employing any person shall be the sole judge of what constitutes an emergency within the meaning of this section. 4. For the purposes of this ordinance (a) "Mineral claim" shall mean and include ground containing mineral as defined by the Quartz Mining Regulations in force in the Yukon Territory, which has been acquired under the provisions of said regulations, and shall include coal mines. (b) "Twenty-four hours" shall mean from midnight to midnight. Assented to April 30, 1921. Payment of Wages Chapter 8.—1. (1) All wages earned during any month by any person employed in or about or in connection with the carrying on of any mining operation in the Territory by any company shall be paid not later than the fifteenth day of the following month. (2) Provided that when any such person is discharged from such employment or ceases to be so employed at any time other than the ordinary and regular time of termination of his employment, such wages as may then be owing to him shall be paid forthwith after such discharge or ceasing to be so employed. 2. This ordinance shall apply to persons employed in any store, office or other branch of the company's operations in the Territory as well as to those actually employed in or about the mine or mining works of the company. 3. Any company guilty of any breach of, or failure to comply with, the provisions of this ordinance for a period of thirty days after the date upon which any such wages are payable as provided in section 1 hereof, shall on conviction forfeit and pay a penalty of $50 for each day such breach or failure to comply may continue, with costs. 4. For the purposes of this ordinance "company" shall mean and include any incorporated company duly registered or authorized to carry on business in the Territory. Assented to April 30, 1921. |