"(3) As long as any payment is being made in respect of a child under the provisions of the preceding subsection, no other payment shall be made in respect of such child. "(4) Existing household' in this section shall mean any household where all the children are maintained and taken care of by one foster-mother. "(5) All payments to foster-mothers under the provisions of this section shall cease when all the children have either reached the age of sixteen years or have died." 13. Section 49a is added to the said Act as follows: "49a. (1) Where any person entitled to compensation under this Act is committed to a jail or prison, compensation shall not be payable to such person for the period of his confinement therein, but the Board may pay the whole or any part of such compensation to any dependant of any person so committed. "(2) If any person entitled to compensation under this Act is committed to any institution, the compensation otherwise payable to or in respect of such person may in the discretion of the Board, be paid to the governing body of the said institution." 14. Section 52 [provision for cases of permanent total disability of a weekly payment equal to 55 per cent of his average weekly earnings during the previous 12 months, or for any less period that he has been employed] of the said Act be amended as to subsection (1) thereof (a) by striking out the words "fifty-five per cent" where they occur therein, and substituting therefor the words "sixty-two and one half per cent "; (b) by striking out all the words after the word "earnings" where it occurs therein. 15. Section 53 [provision for cases of permanent partial disability of a weekly payment equal to 55 per cent of the difference between the average weekly earnings of the workman before and after the accident] of the said Act is amended (a) as to subsection (1) thereof by striking out the words "fifty-five per cent" where they occur therein and inserting in lieu thereof the words "sixty-two and one half per cent." (b) As to subsection (3) thereof [which read: "(3) Where deemed just, the impairment of the earning capacity may be estimated from the nature of the injury, having always in view the workman's fitness to continue the employment in which he was injured, or to adapt himself to some other suitable occupation."] by striking out the same and substituting therefor the following: "(3) Notwithstanding the provisions of this section, the Board may in respect of accidents happening after the thirtieth day of April, nineteen hundred and twenty-four, and in case the workman is seriously and permanently disfigured about the face or head. or otherwise permanently injured, recognize an impairment of earning capacity and may allow lump sums or periodical payments or both as compensation." 16. Section 55 [providing cases of temporary partial disability, causing reduction in earnings of at least 90 per cent, compensation equal to 55 per cent of loss in earning power] of the said Act is amended by striking out the words "fifty-five per cent" where they occur therein and inserting in lieu thereof the words "sixty-two and one-half per cent." 17. Section 56 of the said Act is amended (a) by striking out subsection (1) thereof [providing that average weekly earnings are to be computed in such a manner as to give the rate per week at which the workman was being remunerated, or, for those employed only for a short period, the average earnings of a worker in a similar occupation] and substituting therefor the following: "56. (1) In ascertaining the average weekly earnings of a workman for the purposes of this Act. the Board may take into consideration any number of weeks during which the workman has been employed by his employer previous to the happening of the accident." (b) As to subsection (2) thereof by renumbering the same as (3); (c) by adding subsection (2) thereto as follows: "(2) If by reason of the shortness of time during which the workman has been in the employment of his employer, or the casual nature of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regard may be had to the average earnings which are being earned by a person in the same grade of employment." (d) By adding subsections (5) and (6) thereto as follows: "(5) The amount of compensation to which an injured person shall be entitled under the provisions of this Act shall, notwithstanding any other provisions thereof, not exceed the rate of eleven hundred and forty dollars per annum. "(6) For the purpose of ascertaining the amount of compensation payable under the provisions of sections 53 and 55, average weekly earnings shall be computed in such a manner as is best calculated to give the rate per week at which the workman was being remunerated, but not so as in any case to exceed two thousand dollars per annum." 18. Section 57 [fixing the minimum compensation to be paid in cases of total disability at $10 a week, etc.] of the said Act is amended by adding subsections (2), (3) and (4) thereto as follows: "(2) Notwithstanding that the ascertainment of the amount of compensation is based upon the average weekly earnings, such compensation may be paid periodically and at such intervals as may seem good to the Board. "(3) Notwithstanding the provisions of this Act with reference to average earnings the Board may, in its discretion, agree with the workmen and employers or their representatives, in any industry or part thereof as to what is the average wage earned by the workmen, and such average earnings when agreed upon shall be deemed to be the average earnings of the workmen affected. "(4) Where the workman was at the date of the accident, under twenty-one years of age, and it is established to the satisfaction of the Board that under normal conditions his wages would probably increase, the fact shall be considered in arriving at his average earnings." 19. Section 60 las to Medical Aid] of the said Act is amended (a) as to subsection (5) thereof by striking out all the words after the word "Board" where it occurs for the first time therein [the words omitted are: "the fees or charges thereof shall be fixed and determined by the Board, and no action shall lie in respect of any medical aid provided], (b) by adding as subsections (6), (7), (8) and (9) thereof the following: "(6) When the Board provides medical aid for an injured workman, or undertakes the duty of paying for medical aid already provided for any such workman, the amount payable to the doctor in respect of such aid shall be fixed by the Board and no action shall lie against the Board in respect of any amount greater than that fixed by it; nor in any event against the injured workman, his employer or any other person in respect of such medical aid. "(7) The Board shall have full power and authority to contract with doctors, nurses and hospitals, or any other institutions, for any medical aid required. "(8) Without in any way limiting the power of the Board under this section to supervise and provide medical aid, in every case where the Board is of the opinion that the exercise of such power is expedient, the Board may permit the injured workman to select the doctor. "(9) Every employer shall, upon the happening of an accident being brought to his attention, or to that of his agent, provide immediate transportation to a hospital, together with necessary attention upon the journey thereto, for all injured workmen in need of hospital treatment." 20. Section 62 [as to compensation for industrial diseases] of the said Act is amended(a) as to subsection (1) thereof by striking out all words after the words "arising out of and in the course of that employment," and inserting in lieu thereof the words " and the disablement shall be treated as the happening of an accident." [The subsection providing that compensation is not payable if the workman has falsely represented himself as not having suffered from the disease, is omitted.l (b) As to subsection (2) thereof by striking out the words "schedule 3 hereto," and substituting therefor the words "the Enumeration of Industrial Diseases hereto." 21. Section 63 of the said Act is amended (a) as to subsections (2), (3) and (4) thereof by renumbering the same as subsections (3), (4) and (5) respectively: (b) by adding as subsection (2) thereof the following:- "(2) Every employer coming within the scope of this Act shall keep posted in a conspicuous place upon the premises where the work is carried on and where they can be seen, such notices as the Board may require from time to time to be posted." 22. Section 65 of the said Act is amended by striking out subsections (1) and (2) thereof and substituting therefor the following: "65. (1) Every employer to whom this Act applies having knowledge of the happening of an accident to a workman in his employ, shall forward to the Board within twentyfour hours after the same comes to his knowledge, notification of the happening of such accident, and shall also, in the event of the injured workman returning to his work or being able to return to his work, forward to the Board within twenty-four hours after the fact of such return or ability to return comes to his knowledge, notification thereof. "(2) The physician or surgeon who attends an injured workman shall forward to the Board a report within five [instead of "seven "1 days after the date of his first attendance upon such workman, and shall also forward to the Board upon the first day of each month and at such other times as may be required by the Board, progress reports, during such time as the injured workman is unable to work as a result of the injuries, and shall forward to the Board a final report within three days after the said workman is in his opinion able to resume work." [The provision as to progress reports is new.] 23. Schedule 1 to the said Act is amended (a) by striking out the words and figure "Class 5-employees of workmen," and substituting therefor the following: Class 5. Employment of employees of workmen in or about mines." (b) By adding Class 6 as follows: Class 6. Employment in or about operations incidental to the extraction of coal by removing the overlying strata." 24. Schedule 2 to the said Act is amended by striking out the words "employment by the Crown in the right of the province in any capacity whatsoever," where they occur therein. 25. The classification under Schedule 2 of the said Act is amended 66 (a) as to Class 15 by adding thereto the following: oil refineries; creosoting of timbers; handling of natural ice." (b) As to Class 20 by striking out the words "food products, creameries and bakeries." (c) As to Class 37 by adding at the end thereof the words "food products, creameries and bakeries." (d) As to Class 94 by adding thereto the following: Central Canada Railway." (e) As to Class 95 by striking out the whole Class [ie., "employment by Dominion Government "]. (f) As to Class 96 by striking out the whole Class [i.e., "employment by Provincial Government of Alberta "Ï. (g) By adding as Class 97 the following:- "Class 98-The Alberta and Great Waterways Railway Company; Lacombe and Northwestern Railway Company." (i) By adding as Class 99 the following: "Class 99-Workmen's Compensation Board." 26. The heading "Schedule 3" to the enumeration of industrial diseases is hereby struck out and the heading "Enumeration of Industrial Diseases is substituted therefor. 27. Schedule 3 is added to the said Act as follows: "SCHEDULE 3 "Class 95-Employment by Dominion Government. "Class 96-Employment by Provincial Government of Alberta; or by any permanent board or commission appointed thereunder, other than the Workmen's Compensation Board." 28. This Act shall come into force upon the first day of May, 1924. Assented to April 12, 1924. Hours of Labour-Fire Departments Chapter 37.-1. This Act may be cited as the Fire Department's Hours of Labour Act. 2. Where in any city, town or village there is a permanent fire department the officers and employees of which are regularly employed and paid by the municipal corporation, every officer and employee of such department shall be off duty for one full day of twentyfour hours in every calendar week, but where what is known as "double-platoon system" is in operation in any such fire department the twenty-four hours release at the change of platoons shall not be regarded as a day off for the purposes of this section. 3. The provisions of this Act shall have effect notwithstanding any regulation or by-law of a municipal corporation relating to a fire department. 4. Every fire chief, superintendent, director or officer of every such fire department who requires or requests an employee of the department to be on duty in violation of the provisions of section 3 shall incur a penalty of not less than ten dollars nor more than one hundred dollars. 5. No deduction shall be made from the pay or the holidays of the officers or employees of the fire department in any municipality by reason only of the application of this Act to the municipality. 6. Notwithstanding the other provisions of this Act, in case of a conflagration for the control of which the attendance of all officers and employees of the fire department is, in the opinion of the fire chief or officer in charge of the fire department, necessary, he may require the attendance of all the officers and employees for work during the continuance of the conflagration. 7. The penalties provided by this Act shall be recoverable under the Fines and Penalties Act. 8. Notwithstanding anything in this Act contained, the other provisions of this Act shall not apply to any city, town or village, until a vote has been taken and assented to by a majority of the electors voting thereon at the next annual election of councillors. 9. This Act shall come into force and take effect one month after the date upon which it is assented to. Assented to April 12, 1924. Fire Departments-Two Platoon System Chapter 38.-1. This Act may be cited as the Fire Departments' Two-Platoon Act. 2. Where in any city or town having a population of not less than 10,000 there is a permanent fire department, the officers and employees of which are regularly employed as firemen and paid by the municipal corporation, it shall be the duty of the chief, super intendent or commissioner, as the case may be, to divide the members of the said fire department into two platoons, who shall work accordingly to one or other of the two following systems, namely: No. 1 System-The said chief of the fire department shall not keep a platoon on duty for more than twenty-four consecutive hours, after which the platoon working the twentyfour hours shall be allowed twenty-four consecutive hours off duty. No. 2 System-One platoon shall work day work of ten consecutive hours while the other platoon works night work of fourteen consecutive hours, each platoon to alternate every seventh day from night work to day work and vice versa. 3. The provisions of this Act shall have effect notwithstanding any regulations or by-laws of a municipal corporation relating to a fire department, and shall work in conjunction with the Fire Department's Hours of Labour Act. 4. No deduction shall be made from the pay or the holidays of the employees of a permanent fire department by reason only of the provisions of this Act applying to and being in force in the municipality. 5. Every fire chief, superintendent, director or officer of every such fire department who requires or requests an employee of the department to be on duty in violation of the provisions of sections 1 and 2 shall incur a penalty of not less than ten dollars nor more than one hundred dollars, subject to section 6. 6. Notwithstanding the other provisions of this Act, in case of a conflagration for the control of which the attendance of all officers and employees of the fire department is in the opinion of the fire chief necessary, the fire chief may require the attendance of all the officers and employees for work during the continuance of the conflagration. 7. This Act shall come into force one month after the day it is assented to. Assented to April 12, 1924. Voting by Employees in Municipal Elections Chapter 44-[An Act to amend the Lethbridge City Charter, requires employers to furnish the poll tax collector with a list of his employees; failing to do so the employer becomes liable to the city for the poll taxes due by the employees. If an employee neglects or refuses to pay the poll tax, the collector may demand the amount from the employer. who is authorized to deduct the amount so paid from the employee's wages.] Assented to April 12, 1924. BRITISH COLUMBIA Women's Institutes Chapter 3-[amends the Agricultural Act, Revised Statutes of 1924, chapter 8, by providing for the establishment of local and district Women's institutes and of a Provincial Women's Institute.] " Assented to December 19, 1924. Licensing of Barbers Chapter 5-1. This Act may be cited as the Barbers Act. Interpretation 2. In this Act, unless the context otherwise requires, the expression "barbering" or engaged in the occupation of barbering" shall mean any person, firm, or corporation who for hire, gain, or hope of reward engages in the shaving of the face or cutting or trimming of the hair or beard, or who, in connection with the foregoing, engages in shampooing the head, or face or scalp massage, or treatments, and, in respect of any of the aforesaid, makes a charge for the use or employment of any material used in connection therewith: Provided, however, that nothing in this Act shall be construed to include beauty-parlours or hair-dressing-shops patronized by women and children only. Organization 3. (1) All persons who shall cause their names to be registered under the provisions of this Act shall be and are hereby constituted a body politic and corporate, with perpetual succession and a common seal, with power to sue and be sued, under the name of "The Barbers' Association of British Columbia" (herein called the "Association "). (2) The head office of this Association shall be at Vancouver, British Columbia. (3) Every person registered under the provisions of this Act shall be a member of the Association. Application 4. All persons engaged in the occupation of barbering in the province, or who may hereafter desire to engage in that occupation within the province, may be registered under the provisions of this Act upon complying with the requirements hereinafter specified. Administration 5. (1) There shall be a Board (herein referred to as the "Board"), to be known as the "Board of Examiners in Barbering," which shall be composed of three persons, consisting of one barber who is an employer or master and two others who work as journeymen or employees for hire, who shall be members of the Association. (2) The first members of the Board shall be appointed by the Lieutenant-Governor in Council within thirty days after the passing of this Act. (3) The first members of the Board shall serve for the following periods: The master barber appointee, one year; the first journeyman appointee, two years; and the second journeyman appointee, three years. All subsequent members of the Board shall hold office for three years, and be elected by ballot in such manner as may be provided for by the by-laws of the Association at the annual meeting of the Association, or at a special meeting called for that purpose. (4) No person shall be eligible for election to the Board or qualified to fill any vacancy thereon, or to vote for any member thereof, unless duly registered under the provisions of this Act and is a British subject. (5) In case of the resignation or death of any member of the examining Board, each one of the officers of the Association shall nominate one member of the Association. The names of the members thus nominated shall be submitted to a referendum vote, and the nominee receiving a majority of all votes cast shall be declared elected, and shall hold office for the unexpired term of his predecessor in office. (6) In case of any dispute or doubt, as to who has or have been elected a member or members of the Board, or as to the legality of the election of any member or members of the Board. it shall be lawful for the other members to be, and they are hereby constituted, a committee to hold inquiry and decide who (if any) is or are legally elected members of the Board, and the person or persons (if any) whom they decide to have been elected shall be and be deemed to be a member or members legally elected, and if the election is found to have been illegal the said committee shall have the power to order a new election. |