NOVA SCOTIA Regulation of Coal Mines Chapter 18.-1. The Coal Mines Regulation Act, chapter 23 of the Revised Statutes, is amended by inserting between section 39 and section 40 of said chapter the following section: "39a. (1) Subject to the provisions of this Act a workman shall not be employed at his working place below ground in a mine for the purpose of his work for more than eight hours during any consecutive twenty-four hours. "(2) It shall not be deemed to be a contravention of this section, if a workman is below ground for the purpose of rendering assistance in the event of accident or for meeting any danger or for dealing with any emergency or exceptional work which requires to be dealt with without interruption in order to avoid serious interference with ordinary work in the mine." 2. Section 60 (1) of said chapter 23 is repealed and the following is substituted therefor: "60. (1) In the working of coal or stratified deposits in submarine areas, the following provisions shall apply: "(a) no submarine seam of coal or stratified deposits shall be wrought under a less cover than one hundred and eighty feet of solid measures; provided, that the owner or lessee of any such area may drive passage ways to win the mineral to be wrought under a less cover than one hundred and eighty feet, but not less than one hundred feet of solid measures; [Unchanged.] "(b) a barrier of the mineral wrought of not less than fifty yards, twenty-five yards on both sides of the boundary lines of every lease, shall be left unwrought between the workings of every submarine seam; [Unchanged.] "(c) where coal is to be mined in any undersea or submarine area, the proposed system and plans of working shall before work is commenced be submitted in writing to, and be approved of in writing by, the Inspector; and no change shall be made in such approved system without the written sanction of the Inspector; [Definite provisions were formerly made for precautions to be taken where there is less than 500 feet of solid measures overlying a seam.] "(d) Where any workings are carried on upon the Longwall system, or where coal pillars are being extracted, or any total extraction of coal is being made in submarine workings, an exploring drift shall be driven at least one hundred and fifty feet in a seaward direction in advance of such workings; [New. The subsection formerly read "No district shall have its length, when parallel to the general trend of the adjoining shore, greater than one mile.] "(e) in all undersea or submarine workings levellings, depth of cover and soundings shall be taken at least every three months and said levellings, depth of cover and soundings shall be marked on the plan of the workings, provided such undersea or submarine workings are under a less overhead cover than five hundred feet. [This subsection formerly required that a proposed system of working in a submarine area must be approved by an inspector before work is commenced.] "(f) the opening of a new lift or level in a mine already working in a submarine area shall be deemed the commencement of a new winning within the meaning of thie section. [Unchanged.] "(2) The owner, agent or manager of any mine to which this section applies, who contravenes or fails to comply with any provision of this section, shall each be liable to a penalty not exceeding one thousand dollars, and if the offence complained of is continued or repeated after a written notice has been given by the Inspector to such owner, agent or manager, of any such offence having been committed, the Supreme Court, or a judge thereof, whether any other proceedings have or have not been taken, may, upon application by the Attorney General, prohibit by injunction the working of such mine; provided that the Minister may waive or modify any of the provisions of this section when, on the report of the Inspector, it appears to his satisfaction that valuable coal areas cannot be otherwise wrought or mined, and that the safety of the workmen will not be endangered by the mining of the areas in the manner proposed." [The words "and that the safety of the workmen to end, are new.] Passed May 9, 1924. Poor Relief Chapter 19 [amends the Poor Relief Act, Revised Statutes, chapter 48, by more stringent requirements as to the liability of relatives of a pauper to contribute to his support, the limit of contributions being raised from $3 to $6 a week.] Passed May 9, 1924. Itinerant School Teachers Chapter 24.-An Act to amend the Education Act, chapter 60, Revised Statutes, 1923. 5. Section 5 [defining the powers of the Council of Public Instruction] of said chapter 60 is amended by adding thereto the following subsection: "(8) To authorize an inspector to appoint itinerant teachers from time to time to direct the instruction of pupils dwelling on islands or in sparsely peopled places which are not within any organized school section. For the purposes above mentioned every such island or place shall be deemed to be a school section, and the Inspector shall be deemed to be and to have the powers of the trustees of such school section. The salary of every such itinerant teacher shall be paid as follows: "(a) one-third by the municipality; "(b) one-third by the Provincial Treasurer, and "(c) one-third by the parents and guardians of the pupils so instructed." Passed May 9, 1924. Licensing of Chauffeurs Chapter 29.-An Act to amend chapter 76, Revised Statutes of Nova Scotia, 1923, the Motor Vehicle Act. 1. Subsection 3 [relating to the issue of licenses to chauffeurs] of section 32 of chapter 76 of the Revised Statutes of Nova Scotia, the Motor Vehicle Act, is amended by striking out the following words where they occur after the word expire in the fifth line thereof: "shall have affixed thereto a photograph of himself furnished by the chauffeur and satisfactory to the Secretary and inserting in lieu thereof the following words: "shall either have affixed thereto a photograph of himself furnished by the chauffeur and satisfactory to the Secretary or shall contain in lieu thereof, if the Secretary so directs, a satisfactory description of such chauffeur." Passed May 9, 1924. Child Welfare Chapter 32.-1. Chapter 83 of the Revised Statutes of Nova Scotia, 1923, is amended by striking out subsection (62) of section 134 [enumerating the subjects on which a council may pass by-laws] and substituting therefor the following: "(62) Making regulations governing the hours during which minors under the age of fifteen years may walk or be on any road or street of the municipality at night." [Regulations could formerly be made "for preventing persons under fifteen years of age from walking or being on any road or street of said municipality after 9 p.m."] 2. This Act shall be read and construed, and shall apply as if the same had been enacted on the 23rd day of April, A.D. 1923. Passed May 9, 1924. Workmen's Compensation Chapter 33.-1. Section 227 [which provides that "the council may make provision for the remuneration of fire and protection companies "] of chapter 84 of the Revised Statutes, 1923 [Towns Incorporation Act], is amended by adding thereto the following:"(a) the town may apply to have the members of fire and protection companies admitted within the scope of Part I of the Workmen's Compensation Act, and in case of such admission and while the certificate of admission remains in force, each member of a fire or protection company shall be deemed to earn wages at the rate of $65 a month for assessment and compensation purposes, and the town shall be liable as an employer for such assessments as may be made under said Act; "(b) the town may at any time notify the said board of the town's desire that the protection granted by the certificate of admission shall cease at the end of any calendar month following the date of the service of such notice, whereupon the certificate of admission shall cease to be in force from and after the end of the month mentioned in the notice, "(c) the powers hereby conferred may be exercised from time to time notwithstanding any previous admission or cancellation thereof." Passed May 9, 1924. Benefit Societies Chapter 37.-1. Chapter 122 [of insurance agents], the Revised Statutes of Nova Scotia, 1923, is amended by adding thereto the following section: "2. This Act shall not apply to insurance upon fraternal or assessment system only, upon the lives of the members exclusively of any society or association of persons for fraternal, benevolent, industrial or religious purposes, nor to any officer, organizer, agent or member of any such society or association unless such officer, organizer, agent or member receives, or is entitled to receive, remuneration by commission or by salary for procuring insurance." Passed May 9, 1924. Workmen's Compensation Chapter 38.-1. Section 5 [enabling the Board to exclude from Part I industries in which not more than a stated number of workmen are employed, etc.] of chapter 129, Revised Statutes of Nova Scotia, 1923, is amended by adding thereto the following: "The Board shall have power to exclude from the scope of Part I any workman in any industry where such workman is performing work common to an industry under Part I, and to an industry not under Part I, or where his employer is carrying on an industry not under Part I and also an industry under Part I and the workman's service, are chiefly in connection with the industry not under Part I." Passed May 9, 1924. Public Health Nurses Chapter 43.—[Amends Revised Statutes of 1923, chapter 157, section 9, the Public Health Act, by making provision for the salary and travelling expenses of a public health nurse, the amounts to be reimbursed to the province by the municipalities within the territory to which the nurse is assigned in the proportion in which contributions are usually made in cases of joint expenditure.] Passed April 30, 1924. Exemption of Workmen from Jury Service Chapter 52.-1. Said chapter 223 of the Revised Statutes of 1923 is amended by adding after subsection "(J.J.)" in section 5 [enumerating the persons or classes who are exempted from serving as jurors] the following subsection "(K.K.)” men employed in creameries." Passed May 9, 1924. 66 Minimum Wages for Women Chapter 57.-1. Section 2 of chapter 11 of the Acts of 1920, entitled An Act to provide for fixing a Minimum Wage for Women employed in Factories and Shops, is repealed and the following section substituted therefor: 2. In this Act, unless the context otherwise requires,— (a) the expression Apprentice 66 means a person who, whether under articles of apprenticeship or not, is receiving instruction in any trade, occupation or calling, while employed therein [new]; (b) the expression "Board" means the Minimum Wage Board hereinafter mentioned; (c) the expression Employer" includes every person, firm or corporation agent, manager, representative, contractor, sub-contractor or person responsible directly or indirectly for the payment of wages to an employee [definition enlarged by inclusion of contractors, etc., and by extension to employers in any employment]; (d) the expression employee" includes every female person in any trade or occupation in Nova Scotia who works for wages [formerly limited to employees in a factory or shop]; (e) the expression "Handicapped Employee" means a person who, whether by reason of physical or mental defect, is partially incapacitated and has been so classified by the Board for the purpose of this Act [new]; (f) the expression "Minimum Wage" means the amount of wages fixed by the Board for any class of employees [new]; (g) the expression "Wages includes wages and salary, whether the employment in respect to which the same is payable is by time or by the job or by the piece or otherwise [reference to piece-work is new]. 2. Section 3 of said chapter 11 is repealed, and the following section substituted therefor: "3. (a) There shall be a Board to be called "The Minimum Wage Board;" "(b) there shall be five members of the Board, two of whom shall be women; "(c) the members of the Board shall from time to time be appointed by the Governor in Council; "(d) the Governor in Council shall name one member of the Board as chairman, who shall hold office during pleasure, and the other members of the Board shall be appointed for such period as the Governor in Council determines in each particular case, and they may be paid such compensation for their services and necessary travelling expenses as the Governor in Council determines. Three members shall constitute a quorum [provision as to term of office is new]; "(e) the Governor in Council may appoint such clerical and other assistants as is deemed necessary to carry out the provisions of this Act; "(f) all expenses in connection with the carrving out of the provisions of this Act shall be paid from the Provincial Treasury." 3. Section 4 of said chapter 11 is repealed, and the following section substituted therefor: "4. The Board shall have power, (a) to establish after due inquiry a minimum wage and the maximum number of hours per week for which such minimum wage shall be paid. The Board may also establish a rate of wage for all time worked in excess of the established maximum number of hours [redrafted]; (b) to establish a wage lower than the minimum wage for any handicapped employee, or for a part-time employee or for an apprentice [new]; (c) upon petition of employers or employees or upon its own motion, to suspend temporarily or to vary any of its orders, or to revise them in accordance with special or changed conditions in any industry or industries [new]; (d) to make different orders for the same industry or industries in different localities of the province, when in the judgment of the Board the different conditions in different localities justify such action [new]; (e) to make all necessary orders and regulations for the purposes of this section. 4. Section 11 [providing a penalty up to $100 for persons violating the provisions of the Act] of said chapter 11 is amended by adding the following words after the figures $100 at the end of said section: "and may be ordered to pay to such employee the difference between the wages actually received and the wages established by the Board." 5. Section 13 of said chapter 11 is repealed, and the following section substituted therefor:"13. (1) The Governor in Council [instead of the Board] may make regulations for carrying into effect the provisions of this Act, (a) requiring employers or any class of employers to furnish information as to the names, ages and places of residence of all employees and such other information respecting the hours of labour and conditions of employment of such employees as may be deemed necessary for the proper carrying out of the objects of the Act; “(b) defining and limiting the number of handicapped employees, part time employees and apprentices to whom a wage lower than the minimum wage fixed by the Minimum Wage Board may be payable by any employer; "(c) fixing the amount to be allowed for witness fees and for other charges in connection with the proceedings of the Board, or of wages conferences; "(d) generally for carrying out the purposes of this Act. [These subsections are new.] “(2) Such regulations shall be published in two successive issues of the Royal Gazette and the same shall come into force and effect on a date named therein, which date shall be subsequent to the second publication thereof." :- 6. Said chapter 11 is amended by adding the following section:- 7. Sections 9 [relating to physically defective persons and to apprentices, their employment at rates below the minimum rate being permitted by special license] and 12 [providing that employee may recover unpaid balance of minimum wage] of said chapter 11 are both repealed. S. The title of said chapter 11 is amended by striking out the following words:"Employed in Factories and Shops." Passed April 30, 1924. NEW BRUNSWICK Inspection and Regulation of Factories Chapter 7.-1. Section 1 of the said Act [Statutes of 1920, chapter 54] is hereby repealed and the following enacted in lieu thereof: "1. This Act shall be known as the New Brunswick Factories Act, 1920" (instead of "1919."] 2. Section 19 [requiring occupiers of factories to give full information thereon within a month after occupation] of the said Act is hereby amended by adding thereto, as subsection (1), the following: "(1) Every owner, lessee, proprietor or operator of any portable saw mill or lath mill shall, within one week from the time operations have commenced, notify the factory inspector, in writing, stating in such notice the location of the mill or mills, the number of persons employed therein, the name of the person in charge of and operating the steam plant, and the number and date of his license. Any person, whose duty it is to give the required notice, failing to observe the provisions of this section, shall be guilty of an offence punishable on summary conviction by a fine, for each offence, of not less than twenty-five or more than one hundred dollars, together with costs of prosecution, and, in default of payment of the fine and costs, to imprisonment in the common jail of the county in which the offence was continued, for a term not exceeding three months." Passed April 17, 1924. Workmen's Compensation Chapter 8.-1. Section 7 [providing for the payment of compensation, etc., except in cases where accident resulted from misconduct, etc.] of the Workmen's Compensation Act, 1916, is amended by adding thereto the following subsection:— "(b) In any case where the Board is of the opinion that a person entitled to compensation under this Part is leading an immoral or improper life, the Board shall have the power, after due investigation, to withhold or suspend compensation, for such period as the Board deems proper; where compensation is so withheld or suspended, it shall be paid to the other dependents, if any, or to such of the other dependents as the Board deems advisable. "(c) In any case of aggravation of a disease existing prior to such injury, compensation shall be allowed only for such proportion of the disability due to the aggravation of such prior disease, as may reasonably be attributed to the injury sustained." 2. Section 8 [relating to reciprocal benefits payable in respect to accident in New Brunswick and in other provinces, states or countries] of the Workmen's Compensation Act, 1918, is amended by adding thereto the following subsection: "(1) Provided, however, that if the compensation payable under the laws of such other province, country or jurisdiction, be less than the compensation payable under this Part, the Board may reduce the amount of compensation accordingly; and further provided where the dependents are aliens residing outside of Canada and entitled to compensation under this Act, the Board may in lieu of awarding such dependents compensation as provided by this Act, award such lesser sum by way of compensation as acccording to the condition and costs of living in the place of residence of such dependents, will, in the opinion of the Board maintain them in a like degree of comfort as dependents of the same class residing in Canada and receiving the full compensation authorized by the Act, would enjoy." 3. Section 12 of the Workmen's Compensation Act, 1918, is amended by striking out, in the first line thereof, the words except as provided by section 61," and as amended reads as follows: "12. The provisions of this part shall be in lieu of all claims 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, for or by reason of any accident in respect of which compensation is payable under this part." 4. Section 61, with subsections (1), (2), (3) and (4) thereof of the Workmen's Compensation Act, 1918, is repealed and the following substituted in lieu thereof:- "61. (1) Any employer who refuses or neglects to furnish any estimate or information as required by section 48, or refuses or neglects to pay any assessment or the provisional amount of any assessment or any instalment or part thereof, shall in addition to any penalty or other liability to which he may be subject, pay to the Board the full amount or capitalized value as determined by the Board, of the compensation payable with respect of any accident to a workman in his employ which happens during the period of such default and the payment of such amount may be enforced in the same manner as the payment of an assessment may be enforced. |