CHAPTER 4.-[Act to amend Grand Trunk Act, 1906-7, with respect to pensions.]-1. The word "Company' in The Grand Trunk Act, 1906-7 [Chapter 89], shall mean the Canadian National Railway Company (successor, by amalgamation, to the Grand Trunk Railway Company of Canada).

2. The said Act, as amended by this Act, may for pension purposes, be cited as the Canadian National Railways Pension Act.

3. Section five of the said Act is repealed and the following substituted therefor:

5. The Company may, for the purpose of making provision for the payment of allowances to employees after leaving the service, establish a fund to be known as "Canadian National Railways Pension Fund," and may from time to time contribute thereto out of the gross earnings of the Company such amounts as the directors determine.

4. Section seven of the said Act [which provides that the directors may make rules, by-laws and regulations for the management, administration and disposition of the fund], is hereby amended by adding thereto the following subsection:

(2) All rules and regulations from time to time made and in effect for the "Canadian National Railways Pension Fund" pursuant to the provisions of the Canadian National Railways Pension Act may be made applicable to officers and employees of any company or corporation, the railway or undertaking of which, wheresoever situate, is now or may hereafter be directly or indirectly owned or controlled by His Majesty in right of the Dominion of Canada (excluding Canadian Government Railways), and the directors are hereby empowered to make the same so applicable with the consent and upon the request of the directors of any such company or corporation, expressed in a resolution made and submitted to that effect, and authorizing contributions to be made to the said fund, by such company or corporation out of its gross earnings and chargeable to its operating or working expenditure, sufficient to cover its proportionate share of the cost and expenses of the management, administration and disposition of the said fund, and of the pension and other payments made and to be made thereunder. The expression "railway or undertaking in this subsection includes the lines of railway, undertakings, steamships, telegraphs, properties and works which any such company or corporation has authority to construct, maintain operate.

Assented to May 1, 1929.

or

CHAPTER 5-[Act to further amend Intercolonial and Prince Edward Island Railways Employees' Provident Fund Act.]-1. Subsection one of section seven of the Intercolonial and Prince Edward Island Railways Employees' Provident Fund Act, being chapter twenty-two of the statutes of 1907, is repealed and the following substituted therefor:

7. (1) A board shall be established, consisting of five persons, of whom one shall be the general

manager, who shall always, when present, be the chairman of and preside at all meetings of the board, two shall be appointed from time to time by the minister from among the chief officers of the railway (one of whom shall always act as chairman in the absence of the general manager), and the remaining two shall be elected triennially by the employees contributing to the fund.

2. Section twenty-two of the said Act is hereby amended by adding thereto the following subsections:

(3) The Governor in Council may at any time close the fund to new entrants, and after such closing no employee not then a contributor to the fund shall be permitted to contribute thereto, and, with respect to any employee, who at the time of or after such closing is a contributing member, the Governor in Council may, notwithstanding anything in this Act, permit of his withdrawal as a member upon terms and conditions to be approved of by the Governor in Council.

(4) The Governor in Council may upon and after the closing of the fund, in order to provide for the payment of allowances, on retirement, to Canadian Government Railways employees who are not members of the fund, or who are permitted to withdraw from the fund as aforesaid, apply or make applicable to such employees the same or similiar rules and regulations for pensions allowances as are or may from time to time be made applicable to Canadian National Railways employees under the Canadian National Railways Pension Act.

Assented to May 1, 1929.

Vocational Education

CHAPTER 8.-1. This Act may be cited as the Technical Education Extension Act, 1929.

2. Section eight of the Technical Education Act, chapter one hundred and ninety-three of the Revised Statutes of Canada, 1927, is repealed and the following substituted therefor:

8. Any portion of the ten million dollars appriated under this Act which may remain unexpended at the expiration of the fiscal year ending the thirty-first day of March, one thousand nine hundred and twenty nine, whether previously carried forward or not, shall be carried forward and remain available according to its apportionment for the purposes of this Act during any one or more of the five succeeding fiscal years, and no portion of the said ten million dollars shall be paid to any province after the thirty-first day of March, one thousand nine hundred and thirtyfour.

Assented to May 1, 1929.

Elections Advance Polls

CHAPTER 40-[Act to amend Dominion Elections Act]-20. The said Act [R. S. 1927, c. 53] is amended by repealing subsections one and two of section one hundred and two and substituting the following therefor:

102. (1) Subject as hereinafter provided, one or more advance polls shall be established in each of the places mentioned in schedule two of this Act for the purpose of receiving the votes of such persons as are hereinafter described and

whose names appear in the list of voters for one of the polling divisions included in such place or any other place mentioned in schedule two and situate in the same electoral district.

(2) When a single advance polling station would conveniently serve the voters resident in two or more of the places mentioned in the said schedule which are situate in the same electoral district, it shall not be necessary to establish a separate polling station for each of such places.

(2A) When it is made to appear to the chief electoral officer that, in an area adjoining a place mentioned in the said schedule and included in the same electoral district as such place, there reside a substantial number of electors who may be entitled to the privilege of voting at an advance poll, the chief electoral officer may direct that such area shall, for the purpose of this section, be deemed and be treated as part of the place which is mentioned in the said schedule and which it adjoins.

(2B) The privilege of voting at an advance poll shall extend only to such persons as are employed by a railway company or on a vessel, or as commercial travellers and to any such person only if, by reason of the nature of his said employment and in the course thereof, he is obliged to be absent from time to time from his ordinary place of residence, and if he has reason to believe that he is likely to be unable to vote on polling day in the polling division on the list for which his name appears by reason of necessary absence on that day from his ordinary place of residence in pursuit of his employment.

21. The said Act is amended by repealing subsection eight of section one hundred and two thereof and substituting the following therefor:

(8) Advance polls shall be open and shall only be open between the hours of seven and ten o'clock in the afternoons of the Thursday and the Friday immediately preceding polling day and between the hours of two and ten o'clock in the afternoon of the Saturday immediately preceding polling day. Assented to June 14, 1929.

Readjustment of Salaries of Postal Employees

em

CHAPTER 52-[Act respecting certain ployees of the Postal or Railway Mail Service of Canada*].-1. Notwithstanding anything to the contrary in the Civil Service Act, the former employees of the postal or railway mail service of Canada who were removed from such service by Orders in Council P.C. 89/1474, dated the fifteenth day of July, 1919, and P.C. 2224, dated the third day of November, 1919, and who were subsequently re-employed and are now in the said postal or railway mail service, shall be paid for services actually performed as from the date of their reemployment at the rates of remuneration paid to other employees for similar services.

Assented to June 14, 1929.

ment, which was not needed in Canada which resulted in the displacement of Canadian labour.

Therefore the Deputy of the Administrator in Council, on the recommendation of the Minister of Immigration and Colonization and under the authority of section 38 of the Immigration Act. chapter 93, R.S.C., is pleased to order and it is hereby ordered as follows:

From and after the seventh day of August, 1929, and until otherwise ordered the landing in Canada of any immigrant of the following specified class, viz., contract labour is prohibited:

Provided that the Minister of Immigration and Colonization may admit any contract labourer if satisfied that his labour or service is required in Canada.

And provided further that the provisions of this Order in Council shall not apply to the exclusion of farmers, farm labourers and houseworkers.

The term "contract labour " as used in this Order, means and includes any immigrant seeking entry to Canada under contract or agreement, express or implied, to perform labour or service of any kind in Canada.

H. W. LOTHROP,

for Clerk of the Privy Council.

Fair Wages on Water Power Development P.C. 2367, December 3, 1929.-His Excellency the Administrator in Council, on the recommendation of the Minister of the Interior, is pleased to order as follows:

Section 83A of the Regulations governing the mode of granting and administering Dominion water-power rights, as established by Order in Council P.C. 1666 of the 10th of September, 1928. is hereby rescinded and the following is substituted in lieu thereof:

on

"Every licence shall be deemed to be executed the express condition that all mechanics. labourers, or other persons who perform labour in the construction, alteration, extension, maintenance and operation of the works authorized by such licence, shall be paid not less than such rates of wages as are generally accepted as current from time to time during the continuance of the licence for competent workmen in the district in which the work is being performed for the character or class of work in which they are respectively engaged, and if there be no current rates in such district, then fair and reasonable rates, and shall work such hours as are customary in the trade in the district where the work is carried on, or if there be no custom of the trade as respects hours in the district, then fair and reasonable hours. unless for the protection of life and property, or for some other cause shown to the satisfaction of the Minister of Labour, longer hours of service are required. The Minister of Labour may at any time and from time to time determine for the purposes of the licence, what are the current or fair and reasonable rates of wages, and the current or fair and reasonable hours, and may from time to time rescind, revoke. amend or vary any such decision, provided that his determination and any amendment or variation shall not be operative prior to the period of three months immediately preceding the date thereof. Where there are special circumstancs which in the judgment of the Minister of Labour make it expedient that he should do so, he may, in the manner and subject to the provisions hereinabove set forth, decide what are the current or fair and reasonable rates of wages for overtime, and what is the proper classification of any work for the purposes of wages and hours. Immediately upon receipt of notice of any decision

These Regulations govern water-power rights in the Prairie Provinces and the Northwest Territories.

of the Minister of Labour hereunder the licensee shall adjust the wages and hours and classification of work so as to give effect to such decision.

"The foregoing Fair Wages Clause, also any decision of the Minister of Labour made thereunder, shall be posted and kept posted in a conspicuous place on the premises where the works authorized by such licence are being executed, occupied or frequented by the workmen.

"Proper books and records shall be kept showing the names, trades, and addresses of all workmen employed, and the wages paid to and time worked by such workmen, and the books or documents containing such record shall be open for inspection by the Fair Wages officers of the Government at any time it may be expedient to the Minister of Labour to have the same inspected.

"With a view to the avoidance of any abuses which might arise from the sub-letting of contracts it shall be understood that contractors and subcontractors shall be bound in all cases to conform to the conditions of the licence, and the licensee shall be held responsible for strict adherence to all contract conditions on the part of contractors and sub-contractors.

"All workmen employed upon the work comprehended in and to be executed pursuant to the said licence, shall be residents of Canada, unless the Minister of Labour is of opinion that Canadian labour is not available or that other special circumstances exist which render it contrary to the public interest to enforce this provision." (Sgd.) E. J. LEMAIRE,

Clerk of the Privy Council.

Chauffeurs

CHAPTER 6.-[Act to further amend Motor Vehicle Act, 1922.]-3. The following section is added after section 61 of the said Act [c. 1]:

61a. The proprietors or owners of one or more vehicles operated as a public livery or taxi service or other owners requiring the services of chauffeurs are required to have each chauffeur in their employ properly licensed under this Act, and in any case where the prescribed fee for chauffeur's licence has been paid by the employer and the chauffeur ceases to be employed by said proprietor or owner, the said chauffeur's licence shall be cancelled and the name of the chauffeur removed from the secretary's roll of licensed chauffeurs; and if an application is made by such proprietor or owner

Elections-Advance Polls

CHAPTER 36.-[Act to amend chapter 84, Revised Statutes, 1923, "Towns Incorporation Act."] -1. Section 78 of chapter 84, Revised Statutes, 1923, is amended by adding thereto the following subsection:

78. (3) Advance polls

(a) The town council of any town may from time to time by resolution direct the town clerk to establish advance polls at which any railway employee, fisherman, sailor or commercial traveller being a voter whose name is registered on the list of voters for the town or ward for which such advance poll is established and whose employment or calling is such as to necessitate from time to time his absence from his ordinary place of residence and who has reason to believe that because of necessary absence from the town in the pursuit of his employment or calling he will be unable to vote on polling day, may vote in advance of polling day as in this section provided. (b) Every such advance poll shall be held at the town office and the town clerk or his deputy shall be the presiding officer thereat and such town clerk shall appoint a poll clerk for such advance poll.

(c) Except as in this subsection provided, all advance polls shall be held, conducted and officered in the same manner as, and for all purposes of this Chapter be regarded as ordinary polling stations.

(d) Advance polls shall be open and shall only be open between the hours of ten and twelve of the clock in the forenoon and two and five of the clock in the afternoon and of seven and ten of the clock in the afternoon on the Monday next preceding polling day. Assented to April 16, 1929.

Workmen's Compensation

66

CHAPTER 44.-[Act to Amend Chapter 129, Revised Statutes, 1923, Workmen's Compensation Act".]-1. (a) Clause (c) of section 2 of chapter 129, Revised Statutes, 1923 [which defines "Board" as meaning the Workmen Compensation Board], "The Workmen's Compensation Act," is amended by adding thereto the words "of Nova Scotia."

(b) Clause (f) of section 2 of said chapter 129 is repealed and the following substituted therefor:

(f) "employer" includes every person having in his service under a contract of hiring or apprenticeship, written or oral, expressed or implied, any person engaged in any work in or about an industry within the scope of this chapter, and in respect of any such industry includes a receiver, liquidator, executor, administrator, and any person appointed by a court or a judge who has authority to carry on an industry and also includes municipal corporations, and may include the Crown as represented by the province of Nova Scotia, and as represented by the Dominion of Canada, in so far as it may, as represented by the said province

or by the said Dominion, in its capacity of employer, submit to the operation of this chapter.

66

(c) Section 19 of said chapter 129 is amended by striking out the words The Workmen's Compensation Board" and substituting therefor the words "The Workmen's Compensation Board of Nova Scotia."

2. Section 6 of said chapter 129, as that sec tion is amended by chapter 42 of the Acts of 1928, is amended by adding thereto the following subsection:

(5) Personal injury by accident shall include personal injury by lightning, and where personal injury by lightning occurred in the course of the employment it shall be conclusively presumed that it arose out of the employment.

3. Section 10 of said chapter 129, as that sec tion is amended by chapter 37 of the Acts of 1927, is repealed and the following substituted therefor:

10. (1) Where it appears that by the laws of any other province, country or jurisidiction a workman or his dependents, if resident in Nova Scotia, would be entitled in respect of death or injury in such province, country or jurisdiction to compensation (as distinguished from damages), the board may order that payments of compensa. tion under this chapter may be made to persons resident in such province, country or jurisdiction in respect of any workman killed or injured in Nova Scotia; 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.

(2) The board may upon application grant leave from time to time to any workman or de pendent resident in Nova Scotia at the time of the accident to reside out of Nova Scotia without thereby forfeiting the right to compensation payments under this chapter.

(3) Where the dependents are a widow or an invalid widower and one or more children, the board may upon application grant leave to such dependents or any of them to reside out of Nova Scotia and may order that payments of compensa tion under this chapter may be made to any of such dependents while residing out of Nova Scotia without reducing the amount of such compensa tion below what it would have been if such dependent or dependents remained within the prov ince of Nova Scotia.

(4) Except as in this section provided nothing in this chapter shall entitle any person not resident in Nova Scotia to compensation payments under this Part with respect to an accident happening within Nova Scotia.

4. Subsection (1) of section 17 of said chapter 129 is repealed and the following substituted

therefor:

(1) No compensation or medical aid shall be payable under this Part in respect of any injury unless application for such compensation or medical aid respectively is made within one year after the occurrence of the accident.

5. Subsections (1) and (2) of section 18 are repealed and the following substituted therefor:

(1) Every workman entitled to compensation under this Part, or who would have been entitled had he been disabled for seven days, shall be entitled during the period of thirty days from the date of the disability to such medical and surgical aid and hospital and skilled nursing services as may be necessary as a result of the injury, and shall be entitled to such artificial member or members as may be necessary to replace a natural member or members lost, destroyed or amputated as a result of the injury, and to have the same kept in repair for a period of one year, and to such apparatus as may be necessary as a result of the injury, and to have the same kept in repair for a period of one year, and to such spectacles as may be necessary as a result of the injury, which spectacles may, in the discretion of the board, be renewed from time to time.

(2) In this chapter "medical aid" shall mean the medical and surgical aid and hospital and skilled nursing services and the artificial member or members, and apparatus and spectacles and repair above mentioned.

6. Subsection (7) of section 38, of said chapter 129 [which provides that compensation payable to a dependant who dies before it is paid may be paid to the family of the deceased dependant or to such other person caring or providing for the deceased dependant as the Board deems advisable] is amended by adding after the word a " in the first line thereof the words "workman or,' and by adding after the word "deceased" in the third line thereof the words "workman or," and by adding after the word "deceased" in the fifth line thereof the words "workman or."

66

7. Subsection (3) of section 47 of said chapter 129 [which charges the employer with the duty of reporting any accident which disables a workman from earning full wages] is amended by adding after the word wages in the fourth line thereof the words 66 or by reason of which the workman shall be entitled during the period of thirty days from the date of the accident to medical aid."

8. Subsection (4) of section 49 of said chapter 129, as that section is amended by chapter 38 of the Acts of 1927, is repealed. [Subsection (4) permitted the supplying of artificial members which are now provided for under section 18 as amended.]

9. Subsection (1) of section 69 of said chapter 129 is amended by striking out the figure "65" in the last line thereof and substituting therefor the figure"66." [A clerical error is here corrected.]

10. Subsection (5)) of section 69 of said chapter 129 is amended by adding thereto the following paragraph:

If the employer refuses or neglects to furnish to the Board an estimate or estimates of the probable amount of the payroll of each of his industries within the scope of this Part, or if he furnishes to the Board an estimate or estimates of the probable amount of the payroll of each of his industries within the scope of this Part, or if he furnishes to the Board an estimate or estimates of the probable amount of the payroll of each of his industries within the scope of this Part which is deemed by the Board to be too low, the Board may make an estimate of the probable amount of the payroll of each of his industries within the scope of this Part, and such estimate of the Board shall, except in so far as the Board may revise or change the same, be final and conclusive for the purpose of making any assessment or of adjusting the amount that such employer should

pay.

11. Subsection (2) of section 79 of said chapter 129 [which provides that the amount of any assessment shall be a first lien upon property] is amended by adding after the word << assessment"

in the first line thereof the words "and of the cost, if incurred, of recording a certified copy of such assessment in the Registry of Deeds."

12. Section 86 of said chapter 129 [which provides that Part II shall apply only to industries to which Part I does not apply] is amended by striking out the word and figure "Part I" and substituting therefor the words and figures "Parts I and III." This section shall be construed as if it had been enacted at the date of the enactment of chapter 42 of the Acts of 1928.

13. Subsection 7 of section 18 of said chapter [which provides that the Board shall not be liable to furnish medical aid to a workman who is entitled to receive medical aid under an approved private scheme] is amended by adding thereto the following: "unless in the opinion of the physician attending under such arrangement, the personal injury requires immediate treatment by an eye, ear, nose or throat specialist."

Assented to April 27, 1929.

CHAPTER 45.--[Act to Amend chapter 129, Revised Statutes, 1923, Workmen's Compensation Act.]-1. Clause (a) of subsection 1 of section 38 of chapter 129, Revised Statutes, 1923, "The Workmen's Compensation Act" [which provides funeral expenses not exceeding $75] is amended by striking out $75" and substituting therefor "$100."

2. Subsection (4) of said section 38 [which limits compensation in case of death to 55 per cent of average earnings exclusive of the expenses of burial] is amended by striking out the figures "55" in the third line thereof and substituting therefor the figures "60."

3. Subsection (1) of section 42 of said chapter 129 [which provides for compensation at the rate of 55 per cent of average earnings in cases of permanent total disability] is amended by striking out the figures "55" in the fourth line thereof and substituting therefor the figures "60."

4. Subsection (1) of section 43 of said chapter 129 [which provides for compensation at the rate of 55 per cent of diminution of average earnings in cases of permanent partial disability] is amended by striking out the figures "55" in the fourth line thereof and substituting therefor the figures "60."

5. Section 44 of said chapter 129 [which provides for compensation at the rate of 55 per cent of average earnings or of diminution of average earnings in cases of temporary total and temporary partial disability respectively] is amended by striking out the figures "55" wherever they occur therein and substituting therefor the figures "60." 6. Sections 2, 3, 4 and 5 of this Act shall not apply so as to increase the compensation payable to any person whose right to compensation arose before the 1st day of January, 1930, nor to any workman whose disability arises out of his employment in the industry of lumbering (including sawmills), or any occupation incidental to or immediately connected therewith, before the 1st day of May, 1930, nor to any person whose right to compensation depends upon the provisions of Part III of this Act.

Assented to April 27, 1929.

Mechanics' Liens