LABOUR LEGISLATION IN CANADA IN 1923 (Continued) — Licensing of moving picture operators.. Protection of wages of employees of building contractors.. Employment officers.. .. Liability of employers regarding taxes of employees.. Sunday labour.. .. Employment-masters and servants.. Mechanics' and wage earners' liens.. School teachers.... Licensing of commercial travellers, hawkers, etc.. Statute labour.. Employment of women in Chinese restaurants.. Licensing of nurses.. Saskatchewan.. Department of Health.. Wages as preferred claims.. Mechanics' liens.. Employees as school trustees.. Licensing of hawkers and peddlers.. Department of Health.. .. Inspection and regulation of factories.. Alberta.... Inspection and regulation of factories.. Garnishment of wages-public service.. Licensing of meat inspectors.. Pensions of public servants.. Liability of employers for taxes of employees.. CUMULATIVE INDEX of Labour Legislation in Canada as existing December 31, 1923.. 57-84 iv GENERAL SUMMARY The Parliament of Canada and the Legislatures of all the provinces of Canada except Quebec held complete sessions during 1923, and enacted many laws having special reference to labour affairs. The Sixteenth Legislature of the Province of Quebec commenced its first session on December 17, 1923, the fourth session of the Fifteenth Legislature having terminated on December 29, 1922. No session was therefore completed in this province during the past year, and any labour legislation which may be passed at the session which was in progress at the end of the year is reserved for the next report in the present series, dealing with labour legislation in Canada during 1924. The General Assembly of Prince Edward Island held a session early in the year, but enacted no measures relating to labour. A brief outline is given in the following pages of the Dominion and provincial labour laws of 1923, grouped under their respective subject headings. It will be observed that most of the labour laws enacted during 1923, as in previous years, dealt with matters which fall within provincial jurisdiction. The present publication constitutes the third annual supplement to the volume. entitled Labour Legislation in Canada as existing December 31, 1920," which presented in easily accessible form the labour laws that had up to that date been enacted by the Dominion Parliament and by the Legislatures of the various provinces. Similar volumes are published by the Department of Labour of Canada at intervals of five years, the labour legislation of each intervening year being presented in an annual supplement, to be incorporated later in the next quinquennial volume. Departments of Labour, Health, etc.-The administration of the Government Annuities Act, 1908 (as amended in 1909, 1910 and 1921), was under an Order in Council dated May 3, 1922, transferred during the year from the Post Office Department to the Department of Labour of Canada. The purpose of this act is to promote habits of thrift, and to encourage and aid the people of Canada to make provision for their old age. Under its provisions the Government may contract with any person resident or domiciled in Canada or jointly with any two such persons for the sale of an immediate or deferred annuity. The purchase of annuities by corporate associations for their members or by employers for their employees is provided for in section 6, of which subsections 2 and 3 are as follows: 2. Any society or association of persons, being a body corporate for fraternal, benevolent, religious or other lawful purposes, may contract with His Majesty, on behalf of such of its members as are domiciled in Canada, for the sale to such members of annuities otherwise purchasable by them as individuals under this Act; and any sums of money necessary to the carrying out of this object may be paid by such society or association direct to the Minister, or may be deposited in any Post Office Savings Bank, to be transferred by the Postmaster General to the minister. 3. Employers of labour may, pursuant to agreement entered into with their employees in that behalf (such agreement to be of a form approved by the minister), contract with His Majesty for the sale to such of their employees as are resident or domiciled in Canada of annuities otherwise purchasable by such employees as individuals under this Act; and any sums of money necessary to the carrying out of this object, whether such sums are derived from the wages of the employees solely, or partly from the wages of the employees and partly from contributions of the employers, or from contributions of the employers solely, may be paid by such employers direct to the minister, or may be deposited in any Post Office Savings Bank, to be transferred by the Postmaster General to the minister: Provided that unless otherwise expressly stipulated any sums so paid shall be held for the exclusive account of the persons in whose names they were deposited, respectively. The Minister of Labour of Canada was by an Order in Council dated August 14, 1923, charged with the administration of the Combines Investigation Act, which became law during the year. The Act is directed against combines, monopolies, trusts and mergers which have operated or are likely to operate to the detriment of the public. Under its provisions investigations may be held by a registrar or by special commissioners into alleged combines, upon the sworn complaint of at least six persons, the expenses of such inquiry to be paid out of a sum appropriated by Parliament for this purpose. Nothing in the Act, however, is to be construed as applying to combinations of workmen or employees for their own reasonable protection. A registrar under the Combines Investigation Act was appointed by Order in Council during the year. In Alberta (chapter 30) the Minister of Municipal Affairs was made responsible for the payment in improvement districts of charges under the Mothers' Allowance and Workmen's Compensation Acts. In the same province (chapter 5) inspectors of the recently formed Bureau of Labour were given powers as inspectors under the Factories' Act. A Department of Public Health was established in Saskatchewan (chapters 9 and 58), its duties being to administer the Public Health Act and related Acts, to collect statistics relating to public health, and disseminate information tending to promote health; local health officers, secretaries of medical and school boards, municipal clerks and medical practitioners may be required to supply information to the department as desired. The Board of Health of Alberta (chapter 5) was given authority to license and regulate meat examiners and inspectors, in addition to the classes already under their control. Municipalities in New Brunswick (chapter 22) were authorized to make annual grants, not only to hospitals, as formerly, but to the Provincial Department of Health, or to any subdistrict board of health, in aid of a district or public nurse appointed by the Department. This provision is connected with recent special activities of the department in the interests of public health. The Fire Prevention Board of Nova Scotia (chapter 7) was given authority to regulate electrical installations with a view to the prevention of losses by fire. In the same province the Motor Carrier Act (chapter 1) enabled the Board of Public Utility Commissioners to regulate and control the chauffeurs and drivers of motor vehicles. Amendments were made in regard to the administration of the Manitoba Welfare Supervision Act of 1922, which consolidated the laws of the province relating to children and established a Department of Public Welfare, with a children's branch attached thereto. These amendments (chapter 54) relate to the title of the Welfare Supervision Board, appointments thereto, its duties, etc. The Parliament of Canada made a special grant of $25,000 to further the organization of provincial branches of the National Safety League, similar to the existing Ontario Safety League. Industrial Disputes.-Numerous industrial disputes were adjusted during 1923 by boards appointed under the Industrial Disputes Investigation Act (Statutes of Canada, 1907, chapter 20), which Act is administered by the Minister of Labour of Canada. The Joint Council of Industry of Manitoba, which was brought into existence under the Industrial Conditions Act (Statutes of Manitoba, 1919, chapter 43) ceased to function during the year as the appropriation made by the legislature at its session in 1923 was only sufficient to meet the outstanding liabilities of the Joint Council, and made no provision for its future maintenance. A Royal Commission under the Inquiries Act was appointed by a Dominion Order in Council dated September 22, to make inquiry into the causes of industrial unrest among the steel workers at Sydney, N.S., and the circumstances which occasioned the employment of the militia in aid of the civil power in connection therewith. This commission had not completed its report at the end of 1923. Immigration and Settlement, Etc.-The Immigration Act was amended (Statutes of Canada, 1923, chapter 51) in several of the sections which were incorporated in the Act in 1919. The section which includes among the prohibited classes enemy aliens or persons interned after Armistice Day, 1918, was repealed on the ground that there were no persons to whom such a description would apply. The exclusion of persons "regarded as hostile or dangerous to the allied cause during the war" was also abandoned as being obscure in meaning. and dangerous in application. A proposal to except British subjects from the operation of the section which excludes persons "who advocate the overthrow of the Government by force," was rejected by the Senate. By further amendments to the same Act masters of vessels who pay off or discharge crews in a Canadian port without examination by the immigration authorities may pay a fine or make a deposit with the local agent, instead of undergoing prosecution in court, as formerly. Masters of ships are to be further required to deposit securities for the return of deserters. The Chinese Immigration Act was revised (chapter 38) with a view to the more effective restriction of the immigration of these orientals to Canada. The new Act abolishes the head-tax formerly levied in respect of persons of Chinese origin entering Canada, and restricts the right of entry into Canada to certain defined classes; the main difference between the new and the former definitions is in reference to the merchant class, the new Act allowing discretionary power to the minister to make regulations defining merchants and other special classes, or governing the registration and identification of Chinese immigrants. All Chinese in Canada, irrespective of allegiance, were required to register without delay. In accordance with the requirements of this Act an Order in Council (1923-1272) was issued requiring persons of Chinese origin to register before the competent local agent, with sufficient evidence of identity. The Canada Shipping Act was amended (chapter 35) in the sections relating to the relief of distressed seamen, the existing provision as to the reimbursement of the British Board of Trade, or the British representative in other countries, for any expenses incurred on account of their subsistence or return to Canada, being limited to such relief administered to seamen or apprentices of ships registered in Canada, domicile in Canada for twelve months being also required on the part of the seamen or apprentices. Workmen's Compensation.-The Workmen's Compensation Act of Ontario (chapter 31) was amended by a provision fixing $12.50 as the minimum weekly payment which may be made to a widow or an invalid husband with one or more children. The Act of Nova Scotia (chapter 39) was amended so that the salaries of the commissioners should be paid out of the accident fund instead of the revenue of the province. The Fatal Accidents Act of Saskatchewan, enacted in 1920, was amended (chapter 29) in regard to certain matters pertaining to procedure under the Act. This Act, which provides compensation for the dependents of a person accidentally killed in such circumstances that the deceased, if he had survived, would have been entitled to recover damages, has some bearing on Workmen's Compensation legislation, since section 12 of the Saskatchewan's Workmen's Compensation Act provides that in a case of an injury for which workmen's compensation is payable, the plaintiff may elect whether to take proceedings under or independently of the Workmen's Compensation Act. In conformity with the terms of the Act passed at the second session of the Legislature of Quebec in 1922 (chapter 38) the Provincial Government appointed a commission in October, 1923, to inquire into labour conditions in the province, with special reference to Workmen's Compensation. This commission was conducting inquiries at various industrial centres as the year closed. Regulation of Factories, Boilers, Mines.-A Dominion Order in Council, dated March 29, 1923, amended the existing instructions as to the inspection of boilers and machinery on steamships so as to require more stringent tests of marine boilers. The section of the Saskatchewan Factories Act containing pro visions as to proper protection of elevators was repealed (chapter 60), and the Lieutenant-Governor in Council was empowered to make regulations, rules or orders on this subject. Important amendments were made in the Coal Mines Regulation Act of Nova Scotia (chapter 53); the age limit for the employment of boys in mines was raised from 12 to 16 years; boys under 16 could formerly be employed on securing school certificates, their working hours being limited to ten in the day and fifty-four in the week; the rule providing that travelling roadways in mines shall be of reasonable height was enlarged to make provision that in the event of a dispute between the owners and the inspector as to the capacity of the roadway the matter shall be settled by arbitration; roadways must also be wide enough to permit draft animals to pass without rubbing the roof or sides; where mechanical hoisting or lowering appliances are used in a mine the brake straps or drums must be lined with asbestos or other noninflammable material; mine managers were declared to be competent to act as mine examiners, and a previous clause absolutely forbidding the use of electric lamps for the purpose of examination for the detection of noxious gas was repealed; all such lamps, however, must still be of a type approved by the Commission of Public Works and Mines. Penalties for offences against the British Columbia Coal Mines Regulation Act were substantially increased and notification was required of certain types of accident even where no loss of life has resulted therefrom (chapter 47). New regulations were issued early in the year under the same Act to provide protection for miners against the dangers arising from coal dust and gas. Employment, Masters and Servants, Liens, etc.-The Masters and Servants Act of Manitoba (chapter 28) was amended by raising the minimum amount considered in appeal cases under the Act from $20 to $25. By an amendment to the Masters and Servants Act of Saskatchewan (chapter 63) it was made an offence under the Act for an employee to abandon his employment by leaving his position before the end of his term of hiring without his employer's consent and without lawful excuse, and any loss so sustained by an employer may be set off against wages due to the employee. The Builders and Workmen's Act of Manitoba (chapter 2) was amended by including municipalities in the definition of "proprietors " to whom the Act applies. Appeals were permitted to be made only when the amount involved exceeds $20, or when the contractor or builder concerned failed to keep a pay list as required. Appeals were formerly allowed only in cases in which at least $200 was involved. New Brunswick passed an Act (chapter 7) establishing workers' liens upon goods or chattels on which their money, labour or skill have been expended. New Brunswick (chapter 9) and Manitoba (chapter 53) enacted laws making uniform the law respecting warehousemen's liens, similar in its provisions to measures recently enacted in other provinces (Alberta, Revised Statutes, 1922, chapter 46; British Columbia, statutes of 1922, chapter 82; Saskatchewan, statutes of 1921-22, chapter 83). Employees in Saskatchewan (chapter 21) who claim relief under the Creditors' Relief Act were conceded the same standing as that of persons having claims which may be levied by the sheriff under execution. The Mechanics' and Wage Earners' Lien Act of Ontario (chapter 30) thoroughly revised and consolidated previous acts on this subject, providing additional security for the workers and simplifying the forms of procedure. The Mechanics' and Wage Earners' Lien Act of Manitoba was amended (chapter 29) so as to define wages as being money earned "on a time basis" instead of "by the day." The benefits of this Act were also extended (chapter 30) to persons engaged in land clearing. Registrars of land titles in Saskatchewan (chapter 24) were required to send to the owner of land against which a claim. for a mechanic's lien has been registered, a notice of the registration of such lien. |