NEW BRUNSWICK

Vocational Education

Chapter 3-1. Chapter 27 of the Acts of Assembly, 13 Geo. V, (1923) is hereby amended by repealing subsection (c) of section 15 thereof and substituting the following therefor:

"(c) In respect to expenditures, approved by the Vocational Education Board [the words "approved by the Vocational Education Board" are new], made on or before December 30, 1925 [formerly "June 30, 1925"] for buildings (or parts of buildings) [the words in brackets are new] to be used for vocational education in an amount, inclusive of all moneys raised under the authority of subsection (f) of this section, [the words beginning" inclusive" and ending "this section are new] not to exceed [the words "50 per cent of " merly inserted here] the total of grants accruing to the province before the said date under the terms of the Technical Education Act of Canada, 1919. Reimbursement in respect to expenditures for buildings shall be apportioned according to regulations approved by the Lieutenant-Governor in Council."

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2. Section 15 of the said chapter is hereby further amended by repealing subsection (e) thereof [the former subsection (e) reads as follows:-"All moneys payable under the provisions of this Act shall be paid on requisition of the chairman or vice-chairman of the Vocational Board upon the approval of the Board of Education, out of the Consolidated Revenue Fund; provided always, that the sum total of the amounts paid under this Act, exclusive of Dominion grants, shall in no one year exceed fifty thousand dollars.] and by adding as subsections (e) and (f) to the said section, the following:

"(e) The Lieutenant-Governor in Council is hereby authorized to issue debentures to be known as Vocational School Debentures under the provisions of the Provincial Loans Act, 1909, as amended, in an amount not exceeding $125,000. The proceeds of the said debentures shall be used only for the purpose of reimbursing Vocational Committees under the provisions and powers of subsection (c) of this section in respect of expenditures made or to be made for buildings to be used for Vocational Education purposes; and such proceeds shall be paid on the requisition of the Chairman or Vice-Chairman of the Vocational Board upon the approval of the Board of Education.

"(f) All moneys payable under the provisions of this Act save and except those payable by virtue of subsection (e) of this section shall be paid on the requisition of the chairman or vice-chairman of the Vocational Board upon the approval of the Board of Education out of the Consolidated Revenue Fund; provided always that the sum total of the amounts so payable, exclusive of Dominion grants, together with the annual interest, sinking fund and other charges payable on and in respect of debentures issued under the provisions of subsection (e) of this section, shall in no one year exceed the sum of $50,000. Passed April 30, 1925.

Chapter 5-1. Section 4 of "The Vocational Education Act, 1923," being chapter 27 of 13 George V, (1923), is hereby amended by inserting after the word "respects" in the 12th line thereof, the words "notwithstanding any limitation in any special or general Act relating to school assessments for ordinary purposes," so that the said section, when so amended will be as follows:

"4. In cities and incorporated towns the Board of School Trustees may apply, and in districts where school trustees are elected, the ratepayers may, at any annual meeting or any special meeting called for the purpose, by resolution, request the trustees of such School District to apply to the Vocational Board for power to establish, equip and maintain a Vocational or Pre-Vocational School or department, setting forth and including in such application the plans of any proposed school building and the nature of instruction desired. Upon such application being approved of by the Board of Education, funds for the purpose of such school and the carrying on of the same in accordance with the provisions of this Act shall in all respects, notwithstanding any limitation in any special or general Act relating to school assessments for ordinary purposes, be provided by and through each Board of School Trustees, and assessment shall be made and the amount levied and collected and in all respects in the same manner as, and in addition to other funds for educational work under its control. For purposes aforesaid the Board of School Trustees shall have all the powers vested in it by The Schools Act, 1922."

Passed April 17, 1925.

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Free Distribution of School Books

Chapter 9.-An Act to Provide for the Purchase, Sale and Free Distribution of School Books.

4. The Lieutenant-Governor in Council may by Order in Council authorize the Superintendent [of the School Book Department] in such manner as may be prescribed by the said order to distribute free of all cost to the pupils not in advance of Grade V or Ungraded Standard III of the Public Schools commencing with the school year beginning July 1. 1925, all or any of such text books as may from time to time be required by the prescribed course of instruction for the said grades or standards.

5. All expenditure necessary to the carrying out of the provisions of this Act shall be paid out of the Consolidated Revenue Fund, and all receipts shall be paid into said fund. The accounts of the Superintendent shall be audited by the Comptroller General.

Passed April 30, 1925.

Mechanics' Liens

Chapter 32-1. Section 25 [which reads:-A lien may be discharged by a receipt signed by the claimant or his agent, duly authorized in writing, acknowledging payment and verified by affidavit, and filed in the office of the registrar; such receipt shall be numbered and entered by the registrar in the Mechanics' Lien Book. The fees shall be the same as for registering a claim for lien.] of chapter 147 of the Consolidated Statutes, 1903, is hereby amended by adding thereto as subsections (1), (2), (3), and (4) thereof the following:

"(1) The taking of any security for, or the acceptance of any promissory note or bill of exchange for, or the taking of any acknowledgement of, the claim or the giving of time for the payment thereof, or the taking of any proceedings for the recovery, or the recovery of a personal judgment for the claim, shall not merge, waive, pay, satisfy, prejudice or destroy the lien, unless the claimant agrees in writing that it shall have that effect.

"(2) Where any such promissory note or bill of exchange has been negotiated the lienholder shall not thereby lose his lien, if, at the time of bringing his action to enforce it, or where an action is brought by another lienholder, he is, at the time of proving his claim in such action the holder of such promissory note or bill of exchange.

"(3) Nothing in subsection (2) shall extend the time limited by this chapter for bringing action to enforce the lien.

"(4) A person who has extended the time for payment of a claim for which he has a lien, to obtain the benefit of this section, shall commence an action to enforce such lien within the time prescribed by this chapter, and shall register a certificate as required by sections 21, 22 or 23, but no further proceedings shall be taken in the action until the expiration of such extension of time."

Passed April 30, 1925.

Contributory Negligence

Chapter 41.-1. This Act may be cited as "The Contributory Negligence Act."

2. Where by the fault of two or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each person was at fauit;

Provided that:

(a) If, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally; and

(b) Nothing in this section shall operate so as to render any person liable for any loss or damage to which his fault has not contributed.

3. In actions tried with a jury the amount of damage, the fault (if any), and the degrees of fault shall be questions of fact for the jury.

4. Unless the judge otherwise directs, the liability for costs of the parties shall be in

the same proportion as the liability to make good the loss or damage.

5. This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of those provinces which enact it.

Passed April 17, 1925.

QUEBEC

Minimum Wage

Chapter 9.-1. Section 3 of the Act 9 George V, chapter 11 [which provides that no member of the Commission may receive any remuneration for his services, although expenses such as employment of a secretary, etc., are allowed as in the new section], is replaced by the following:

"3. The members of this commission shall receive the remuneration fixed by the Lieutenant-Governor in Council for their services.

The commission may, with the Minister's authorization, employ a secretary and incur such other expenses as may be necessary.

All expenses provided for under this section shall be paid out of the consolidated revenue fund."

2. This Act shall come into force on the day of its sanction. Assented to April 3, 1925.

Workmen's Compensation

Chapter 10 An Act to amend the Revised Statutes 1909].

30. Article 7341 of the said Statutes [which enumerates the courts having jurisdiction in actions or contestations brought under the Workmen's Compensation Act] is amended by adding thereto, after the words: "Circuit Court," in the first line thereof, the words: or the Magistrate's Court."

Assented to April 3, 1925.

Statutory Holidays

[Chapter 11 adds 24th of June, St. John the Baptist's Day, to the list of statutory holidays.]

Assented to March 19, 1925.

Examination and Licensing of Electricians

Chapter 53.-1. Article 3789b of the Revised Statutes, 1909. as enacted by the Act 11 George V, chapter 75, section 2 [which provides that new installations must be approved], is amended by replacing the words: every new installation, either for light, heat or motive power, as well as every heating system," in the first, second and third lines thereof, by the words: "all the plans for every new installation for light, heat or motive power as well as for every heating system."

2. Article 3789d of the said Statutes, as enacted by the Act 11 George V, chapter 75, section 2 [requiring approval of new installations by an inspector of public buildings], is amended by replacing the words: "of public buildings," in the fourth line thereof, by the words: "of heating systems."

3. Article 3789n of the said Statutes, as enacted by the Act 11 George V, chapter 75 section 2, is amended by replacing the first paragraph thereof by the following paragraph:"3789n. Certificates shall be issued for the year, and must be renewed yearly between the first of May and first of June of each year.'

4. Article 37890 of the said Statutes, as enacted by the Act 11 George V, chapter 75, section 2, is amended:

(a) By striking out the words: "Certificates shall be given for the year and be renewed annually between the 1st of May and the 1st of October of each year," in the first, second and third lines thereof;

a minimum of ten dollars," in the sixth and seventh 64 a maximum of two hundred dollars and a minimum of ten

(b) By replacing the words: lines thereof, by the words: dollars."

5. Article 3789% of the said Statutes, as enacted by the Act 11 George V, chapter 75 section 2, and amended by the Act 13 George V, chapter 58, section 2, is replaced by the following article:--

“37892. In order to ensure the observance of the law and regulations regarding electrical or heating installations, and to ascertain whether the persons contemplated under the law hold the licenses or certificates and comply with the law and the by-laws, there may be added to the staff of the department of inspection of industrial establishments and

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public buildings a number of inspectors duly qualified as journeymen electricians, as well as inspectors of heating systems, whose work shall consist in making inspections in all the public buildings of the Province, in making the law known to the interested parties and reporting to the chief inspector and the examiners whatever infringements they may observe. The duties of the inspectors of heating systems shall be to inspect steam heating systems of high and low pressure, as well as sectional hot-water boilers.

Such inspectors shall receive a salary not exceeding, for each of them, one thousand eight hundred dollars per annum.'

6. Article 3789cc of the said Statutes, as enacted by the Act 11 George V, chapter 75, section 2, is replaced by the following article:

3789cc. The fee for inspection of any heating system in the buildings mentioned in this section shall be five dollars, save for churches, chapels, convents, colleges, schools, hospitals, orphanages, insane asylums, court-houses and gaols, in which such inspection shall be made gratuitously."

7. This Act shall come into force on the day of its sanction. Assented to April 3, 1925.

Weekly Rest Day for Hotel Employees

Chapter 54.-1. Section 1 of the Act 8 George V, chapter 53 [which provides that the Lieutenant-Governor in Council may order that every person who keeps, directs, runs or manages a hotel, restaurant or club as proprietor, tenant or occupant, shall be bound to give his employees one day of rest each week], is amended, by adding thereto, after the word rest," in the fourth line thereof, the following words: "of twenty-four consecutive hours."

2. This Act shall come into force on the day of its sanction. Assented to March 4, 1925.

Workmen's Compensation

Chapter 71.-1. The following article is inserted in the Revised Statutes, 1909, after article 7324: [which provides that a foreign workman or his representatives are not entitled to compensation unless, at the time of the accident he or they reside in Canada nor after he or they cease to reside there while the rent is being paid; but if they cannot take advantage of the compensation law the common law remedy still exists in their favour]:

"7324a. This subsection shall not apply, even if the contract of employment was made in this Province, to a workman injured through an accident covered by article 7321, happening outside of the Province, if the law of the country or of the province in which the acci dent occurs entitles the workman or his representatives to compensation and if the employer has fulfilled his obligations and if the victim of the accident or his representatives has ot have received compensation, under such law.

The employee shall have the choice of the place where he may exercise his recourse." 2. This Act shall not apply to pending cases.

3. This Act shall come into force on the day of its sanction. Assented to April 3, 1925.

Chapter 80-1. The Code of Civil Procedure is amended by inserting therein, after Article 33, as amended by the Act 62 Victoria, chapter 52, section 2, the following article: "33a. Whenever the judge, whose duty it is to sit in the district, is absent from the chief-place, the prothonotary shall replace him and discharge his duties in adjudging the petitions presented for authorization to sue under the Act respecting workmen's compensa tion; the final judgment only shall be subject to revision by the court or judge." 2. This Act shall come into force on the day of its sanction. Assented to 3rd April, 1925.

Registration of Nurses

[Chapter 131 amends the law relating to the registration of nurses.] Assented to March 19, 1925.

ONTARIO

Employees' Pensions

Chapter 23-2. Section 6cc of the Power Commission Act, as enacted by section 2 of the Power Commission Amendment Act, 1919, is repealed and the following substituted therefor:

"6cc. (1) The Commission, with the approval of the Lieutenant-Governor in Council, may establish and maintain a fund for the payment of superannuation allowances or allowances upon the death or disability of its employees and may make regulations providing for contributions to the fund by the Commission and by its employees, and for the terms and conditions upon which any superannuation or other allowance shall be payable and the persons to whom the same may be paid.

"(2) The cost to the Commission of maintaining and administering any such fund shall be deemed part of the cost of the administration of the Commission and shall be chargeable accordingly."

3. Section 6ccc of the Power Commission Act, as enacted by section 2 of the Power Commission Amendment Act, 1919 [which empowers the Commission with the approval of the Lieutenant-Governor in Council, to agree with the corporation of any municipality receiving power from the Commission, for including in the pensions scheme, the permanent employers of any Commission established under the Public Utilities Act, or the Power Commission Act for the control of electrical works in the municipality], is amended by striking out the word "permanent " in the fifth line and inserting in lieu thereof the words "in the said fund."

Assented to April 14, 1925.

Wages as Preferred Claims-In Assignments, Executions, Etc.-Exemption of Wages from Attachment

Chapter 42.-1. This Act may be cited as the Wages Act, 1925.

2. The clause lettered c of section 7 of the Wages Act as enacted by section 2 of the Wages Amendment Act, 1920, is repealed and the following substituted therefor:

"(c) Where the creditor intends to apply for a reduction in the amount of the exemption he shall give notice of such intention to the employer at the time of the service of the notice or other process garnisheeing or attaching the wages, and if he fails to give such notice the employer may pay into court so much only of the wages of the debtor as would not be exempt under clause a and may pay the balance of such wages to the debtor.

"(d) Subject to clause c, the debtor or creditor without awaiting the regular sittings of the court may apply to the judge upon at least five days' notice in writing to the other party or his solicitor, for an order fixing the amount of the debtor's exemption and upon the making of such order, if the employer has paid the whole or any part of the wages into court, and the amount so paid in equals or exceeds the amount allowed by way of exemption, such sum shall be forthwith paid out to the debtor, and in case the amount paid in is less than the amount so allowed, the whole amount paid in shall be paid out to the debtor." 3. This Act shall come into force on the day upon which it receives the Royal Assent. Assented to April 14, 1925.

Workmen's Compensation

Chapter 43-1. This Act may be cited as the Workmen's Compensation Act, 1925. 2. Section 6 of the Workmen's Compensation Act as enacted by section 2 of the Act passed in the year 1915, chaptered 24, is amended by adding thereto the following sub

section:

"(2a) No compensation shall be payable under this Part, whether the workman is resident within or without Ontario, where the accident happens outside Ontario and the employer's place or chief place of business is situate outside Ontario and the workman is entitled to compensation under the law of the place where the accident happens, unless (a) the workman's place of employment is within Ontario and he is at the time of the accident without Ontario merely for some casual or incidental purpose connected with his employment within Ontario; or

(b) the accident happens on a steamboat, ship or vessel, or on a railway, and the workman is a resident of Ontario and the nature of the employment is such that in the course of the work or service which the workman performs it is required to be performed both within and without Ontario."