Labour Legislation of the Past Decade

DOMINION OF CANADA

Employment of Children and Young Persons at Sea

Chapter 12-Whereas at Genoa on the 9th day of July, 1920, a general conference of the International Labour Organization of the League of Nations adopted two Draft Conventions containing inter alia the provisions set out in Parts I and II, respectively, of Schedule "B" hereinafter referred to; and whereas at Geneva on the eleventh day of November, nineteen hundred and twenty-one a general conference of the International Labour Organization of the League of Nations adopted two other Draft Conventions containing inter alia the provisions set out in Parts III and IV, respectively, of said schedule "B"; and whereas it is expedient to give effect to the said Draft Conventions: Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 2 of the Canada Shipping Act, chapter 113 of the Revised Statutes of Canada, 1906, is amended by striking out paragraph (f) thereof and substituting therefor the following:

(f) "Form means a form in Schedule "A" to this Act."

2. Section 126 of the said Act is amended:

(a) By inserting after paragraph (c) thereof the following paragraph:

(b) By inserting after paragraph (e) thereof the following paragraph,

(e) (i) 'ship' where it appears in any section relating to the employment of children or young persons means any ship or boat registered in Canada which goes to sea or is about to go to sea, and does not include any ship employed exclusively within the limits of the inland waters of Canada as defined in paragraphs (g) and (h) of section seventy-two of this Act."

"(f) (i) 'young person' means a person who has ceased to be a child and who is under the age of eighteen years."

3. The said Act is amended by inserting the following section after section 164 thereof:

"164A. (1) No child shall be employed in any ship except to the extent to which and in the circumstances in which such employment is permitted under the Convention set out in Part I of Schedule "B" to this Act: provided that this section

(a) shall not apply to a ship in which only members of one family are employed, and

(b) shall not prevent the employment in any ship of a child lawfully so employed at the time of the coming into force of this subsection.

(2) No young person shall be employed or work as trimmer or stoker in any ship, except

(a) in a school-ship or training-ship where the work is of a kind approved by the Minister of Marine and Fisheries and is carried on subject to such supervision as the Minister may approve;

(b) in a ship which is mainly propelled otherwise than by means of steam; and (c) where the employment is subject to and in accordance with the provisions contained in paragraph (c) of Article 3 of the Convention set out in Part III of Schedule "B" to this Act.

Provided that where in any port a trimmer or stoker is required for any ship and no person over the age of eighteen years is available to fill the place, a young person over the age of sixteen years may be employed as trimmer or stoker, but in any such case two young persons over the age of sixteen years shall be employed to do the work which would otherwise have been performed by one person over the age of eighteen years.

(3) There shall be included in every agreement with the crew a short summary of the provisions of subsection two of this section.

(4) No young person shall be employed in any capacity in any ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that the young person is fit to be employed in that capacity; provided that

(a) the foregoing provisions of this subsection shall not apply to the employment of a young person in a ship in which only members of one family are employed; and

(b) a shipping master or consular officer may on the ground of urgency authorize a young person to be employed on board a ship notwithstanding that no such certificate as aforesaid has been delivered to the master of the ship, but the young person in whose case any such authorization is given shall not be employed beyond the first port at which the ship calls after the young person has embarked thereon, except subject to and in accordance with the foregoing provisions of this subsection. A certificate under this subsection shall remain in force for a period of twelve months from the date on which it is granted, and no longer: Provided that, if the said period of twelve months expires at some time during the course of the voyage of the ship in which the young person is employed the certificate shall remain in force until the end of the voyage.

(5) There shall be included in every agreement with the crew of a sea-going ship registered in Canada, entered into under the Canada Shipping Act, a list of the young persons under the age of eighteen years who are members of the crew, together with particulars of the dates of their birth, and, in the case of a ship in which there is no such agreement the master of the ship, shall, if young persons under the age of eighteen years are employed thereon, keep a register of those persons with particulars of the dates of their birth and of the dates on which they become or ceased to be members of the crew, and the register so kept shall at all times be open to inspection."

4. Section 183 of the said Act is repealed and the following is substituted therefor:"183. (1) Whenever the services of any seaman belonging to any ship registered in any of the provinces terminate before the period contemplated in the agreement, by reason of his being left on shore at any place abroad under a certificate of his unfitness or inability to proceed on the voyage granted as in this Part mentioned, such seaman shall be entitled to wages for the time of service prior to such termination as aforesaid but not for any further period. [The words "by reason of the wreck or loss of the ship or" are omitted after the word "agreement."1

(2) Where by reason of the wreck or loss of any such ship on which a seaman is employed his service terminates before the date contemplated in the agreement he shall be entitled in respect of each day on which he is in fact unemployed during a period of two months from the date of the termination of the service to receive wages at the rate to which he was entitled at that date.

(3) A seaman shall not be entitled to receive wages under this section if the owner shows that the unemployment was not due to the wreck or loss of the ship and shall not be entitled to receive wages under this section in respect of any day if the owner shows that the seaman was able to obtain suitable employment on that day.

(4) In subsections (2) and (3) of this section the expression 'seaman' includes every person employed or engaged in any capacity on board any ship." Isubsections (2), (3) and (4) are new.]

5. The said Act is amended by inserting the following sections immediately after section 205 thereof:

"285A. If any child or young person is employed in any ship in contravention of this Act, the master of the ship shall be guilty of an offence, and liable upon summary conviction to a fine not exceeding twenty dollars, and where a child or young person is taken into employment in contravention of this Act on production by or with the privity of the parent of a false or forged certificate, or on the false representation of the parent that the child or young person as the case may be, is of an age at which such employment is not in contravention of this Act such parent shall be liable on summary conviction to a fine not exceeding twenty dollars.

"285B. If the master of a ship fails to keep such a register as is required to be kept by him under this Act or refuses or neglects to produce for inspection by a shipping master, collector of customs, or other person authorized to make such inspection, any such register as aforesaid or any certificate delivered to him under this Act, he shall be liable to a fine not exceeding one hundred dollars."

6. This Act shall come into force on a day to be fixed by proclamation of the Governor in Council.

7. The said Act is amended by adding the letter "A" after the word Schedule in the title of the existing Schedule and by adding thereto as "Schedule B" the following:

SCHEDULE B

PART I-DRAFT CONVENTION FIXING THE MINIMUM AGE FOR ADMISSION OF CHILDREN TO EMPLOYMENT AT SEA

Article 1-For the purpose of this Convention, the term "vessel" includes all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned; it excludes ships of war.

Article 2. Children under the age of fourteen years shall not be employed or work on vessels other than vessels upon which only members of the same family are employed.

Article 3.-The provisions of Article 2 shall not apply to work done by children on school-ships or training-ships, provided that such work is approved and supervised by public authority.

Article 4-In order to facilitate the enforcement of the provisions of this Convention, every shipmaster shall be required to keep a register of all persons under the age of sixteen years employed on board his vessel, or a list of them in the articles of agreement, and of the dates of their births.

PART II.-DRAFT CONVENTION CONCERNING UNEMPLOYMENT INDEMNITY IN CASE OF LOSS OR FOUNDERING OF A SHIP

Article 1.-For the purpose of this Convention, the term employed on any vessel engaged in maritime navigation.

seamen includes all persons

For the purpose of this Convention, the term "vessel" includes all ships and boats, of any nature whatsoever, engaged in maritime navigation, whether publicly or privately owned; it excludes ships of war.

Article 2-In every case of loss or foundering of any vessel the owner or person with whom the seaman has contracted for service on board the vessel shall pay to each seaman employed thereon an indemnity against unemployment resulting from such loss or foundering.

This indemnity shall be paid for the days during which the seaman remains in fact unemployed at the same rate as the wages payable under the contract, but the total indemnity payable under this Convention to any one seaman may be limited to two months' wages.

Article 3-Seamen shall have the same remedies for recovering such indemnities as they have for recovering arrears of wages earned during the service.

Article 4-Each member of the International Labour Organization which ratifies this Convention engages to apply it to its colonies, protectorates and possessions which are not fully self-governing:

(a) except where owing to the local conditions its provisions are inapplicable; or

(b) subject to such modifications as may be necessary to adapt its provisions to local conditions.

Each member shall notify to the International Labour Office the action taken in respect of each of its colonies, protectorates and possessions which are not fully selfgoverning.

PART III-DRAFT CONVENTION FIXING THE MINIMUM AGE FOR THE ADMISSION OF YOUNG PERSONS TO EMPLOYMENT AS TRIMMERS OR STOKERS

Article 2-Young persons under the age of eighteen years shall not be employed or work on vessels as trimmers or stokers.

Article 3-The provisions of Article 2 shall not apply;

(a) to work done by young persons on school-ships or training ships, provided that such work is approved and supervised by public authority;

(b) to the employment of young persons on vessels mainly propelled by other means than steam;

(c) to young persons of not less than sixteen years of age, who, if found physically fit after medical examination, may be employed as trimmers or stokers on vessels exclusively engaged in the coastal trade of India and of Japan, subject to regulations made after consultation with the most representative organizations of employers and workers in those countries.

Article 4-When a trimmer or stoker is required in a port where young persons of less than eighteen years of age only are available, such young persons may be employed and in that case it shall be necessary to engage two young persons in place of the trimmer or stoker required. Such young persons shall be at least sixteen years of age.

Article 5.-In order to facilitate the enforcement of the provisions of this Convention, every shipmaster shall be required to keep a register of all persons under the age of eighteen years employed on board his vessel, or a list of them in the articles of agreement, and of the dates of their births.

Article 6-Articles of agreement shall contain a brief summary of the provisions of this Convention.

Article 11.-Each member of the International Labour Organization which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 421 of the Treaty of Versailles and of the corresponding articles of the other treaties of peace.

PART IV-DRAFT CONVENTION CONCERNING THE COMPULSORY MEDICAL EXAMINATION OF CHILDREN AND YOUNG PERSONS EMPLOYED AT SEA

Article 2-The employment of any child or young person under eighteen years of age on any vessel, other than vessels upon which only members of the same family are employed, shall be conditional on the production of a medical certificate attesting fitness for such work, signed by a doctor who shall be approved by the competent authority.

Article 3-The continued employment at sea of any such child or young person shall be subject to the repetition of such medical examination at intervals of not more than one year, and the production, after each such examination, of a further medical certificate attesting fitness for such work. Should a medical certificate expire in the course of a voyage, it shall remain in force until the end of the said voyage.

Article 4-In urgent cases, the competent authority may allow a young person below the age of eighteen years to embark without having undergone the examination provided for in Articles 2 and 3 of this Convention, always provided that such an examination shall be undergone at the first port at which the vessel calls.

Article 9.-Each member of the International Labour Organization which ratifies this Convention engages to apply it to its colonies, possessions and protectorates, in accordance with the provisions of Article 421 of the Treaty of Versailles and of the corresponding articles of other treaties of peace.

Assented to July 19, 1924.

Immigration

Chapter 45.-8. Subsection 4 [providing that "any person rejected or deported only by reason of inability to comply with the money qualification prescribed by an order in council passed under the authority of section 37 of this act, may be subsequently permitted to enter, etc."] of section 42 of the said Act [The Immigration Act] as enacted by chapter 25 of the statutes of 1919, and amended by chapter 51 of the statutes of 1923, is repealed and the following is substiuted therefor:

"(4) Any person rejected or deported only by reason of inability to comply with the provisions of any Order in Council which has been rescinded may be subsequently permitted to enter or land in Canada by a board of inquiry or officer in charge, on complying with the provisions of the Immigration Act, but any person rejected or deported by reason of any other cause under this Act or under the Opium and Narcotic Drug Act, 1923, or removed, expelled or deported under the authority of any order in council or other regulation made under the War Measures Act, 1914, shall not be permitted to enter or land in Canada without the consent of the Minister, and any person who enters or remains in or returns to Canada after such rejection or deportation contrary to the provisions of this section, or who refuses or neglects to leave Canada when ordered so to do by the Governor in Council, as provided by subsection 3 of this section, shall be guilty of an offence against this Act, and any person suspected of an offence under this section may forthwith be arrested and detained without a warrant by any officer for examination and deportation, as provided under section 33 of this Act, or may be prosecuted for such offence, and shall be liable on summary conviction to a fine not exceeding $500 and not less than $50, or to a term of imprisonment not exceeding one year, or to both fine and imprisonment, and upon payment of the fine or after expiry of any sentence imposed for such offence may be again deported or ordered to leave Canada under this section." Assented to July 19, 1924.

Requisitioning of Militia in Riots

Chapter 57-1. Sections 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 and 90 [These sections provided that militia could be called out upon a requisition made by a mayor or judge. The following amendments require the intervention of the attorney general of the Province concerned] of the Militia Act, chapter 41 of the Revised Statutes 1906, are repealed, and the following substituted therefor:

"80. The Active Militia, or any corps thereof, shall be liable to be called out for active service, within or without the municipality in which such corps is raised or organized, with their arms, ammunition and equipment, in aid of the civil power, in any case in which a riot or disturbance of the peace requiring such service occurs, or is, in the opinion of the

civil authority hereinafter designated in that behalf, anticipated as likely to occur, which is beyond the powers of the civil authorities to suppress, or to prevent, or to deal with.

"81. In any case where a riot or disturbance occurs, or is anticipated as likely to occur, the Attorney General, or the acting Attorney General, of the province in which is situated the place where such riot or disturbance occurs, or is anticipated as likely to occur, on his own motion or upon receiving notification from a judge of a superior or county or district court, having jurisdiction in such place, that the services of the active militia are required in aid of the civil power may by requisition in writing addressed to the District Officer Commanding the military district in which such place is situated, require the Active Militia or such portion thereof as the District Officer Commanding considers necessary, to be called out on active service in aid of the civil power.

"82. The District Officer Commanding a military district, if he is present in the military district and able to act, or if he is not so present, or from sickness or other cause unable to act, the officer appointed to administer the district, or for the time being performing the duties of District Officer Commanding shall call out the Active Militia in the District of which he is in command, or such portion thereof as he considers necessary for the purpose of suppressing or preventing any such actual or anticipated riot or disturbance upon receiving a requisition in writing made by the authority hereinbefore designated in that behalf: Provided that, so far as the Permanent Force is available, it shall be employed upon the duty of suppressing or preventing such actual or anticipated riot or disturbance, and recourse shall not be had to other militia corps except to the extent that the Permanent Force is not sufficient or not available.

"83. The power to call out the Active Militia, or such portion thereof as he considers necessary vested by the preceding section in a District Officer Commanding, or the officer appointed to administer the District, or, for the time being, performing the duty of District Officer Commanding, as the case may be, shall extend only to the calling out of the Active Militia in the district of which he is in command: Provided that if the said District Officer Commanding, or other officer aforesaid considers that the services of the Active Militia in districts other than the one of which he is in command are necessary for the purpose of suppressing or preventing any such actual or anticipated riot or disturbance, the said District Officer Commanding or other officer aforesaid shall notify the AdjutantGeneral of the number of officers and other ranks, together with their horses and equipment which he so considers necessary, of which number the said District Officer Commanding or other officer aforesaid shall be the sole judge, and upon receiving such notification the Adjutant-General may call out such of the Active Militia as in his judgment are available to meet the requirements of the said District Officer Commanding, or other officer aforesaid, as set forth in such notification, and shall cause them to be dispatched to the said District Officer Commanding, or other officer aforesaid.

"84. Any statements of fact contained in any requisition made under the provisions of this act shall be final and binding upon the province concerned, and any such statements of fact shall not be open to dispute by the officer upon whom such requisition is made.

"85. The requisition may be in the following form, or to the like effect, and the form may be varied to suit the facts of the case:-[Form omitted.]

"86. (1) In every requisition in writing as aforesaid it shall be stated that information has been received by the Attorney General from responsible persons or, as the case may be, that a notification has been received by the Attorney General from the county court or district court judge, or from a judge of a superior court, as the case may be, that a riot or disturbance beyond the powers of the civil authorities to suppress or to prevent or to deal with as the case may be has occurred, or is anticipated as likely to occur and that the services of the Active Militia are required in aid of the civil power. The said requisition shall further state that it has been made to appear to the satisfaction of the said Attorney General that the services of the Active Militia are so required.

“(2) Moreover in every case there shall be embodied in the requisition, which shall be signed by the Attorney General, an unconditional undertaking that the province shall pay to His Majesty all expenses and costs incurred by His Majesty by reason of the Militia, or any part thereof, being called out or serving in aid of the civil power as by the requisition required.

"(3) Every statement of fact contained in any requisition made under the provisions of this Act shall be conclusive and binding upon the province on behalf of which the requisition is made and every undertaking or promise in any such requisition contained shail be binding upon the province and not open to any question or dispute by reason of any alleged incompetence or lack of authority on the part of the Attorney General to make the same, or for any other reason.

"(4) In every case where a requisition is made by an Attorney General of a province requiring the militia or any part thereof to be called out in aid of the civil power, the Attorney General who made the said requisition shall, within seven days after the making

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