46.—(1) One of the Commissioners shall be appointed by Chairman. the Lieutenant-Governor in Council to be the Chairman of the Board and he shall hold that office while he remains a member of the Board and another of the Commissioners shall be appointed by the Lieutenant-Governor in Council Vice- man. Chairman of the Board. Vice-Chair Chairman (2) In the absence of the Chairman or in case of his When Viceinability to act or if there is a vacancy in the office, the Vice- may act. Chairman may act as and shall have all the powers of the Chairman. ment of sioner pro tempore. 47.-(1) In the case of the death, illness or absence from AppointOntario of a Commissioner or of his inability to act from any commiscause the Lieutenant-Governor in Council may appoint some person to act pro tempore in his stead and the person so appointed shall have all the powers and perform all the duties of a Commissioner. (2) Subsection 1 shall apply in the case of the Chairman of the Board as well as in the case of any other member of it. where Vice 48. Where the Vice-Chairman appears to have acted for Presumption or instead of the Chairman it shall be conclusively pre-Chairman sumed that he so acted for one of the reasons mentioned in has acted. the next preceding subsection. 49. Each Commissioner shall, subject to section 50, hold Tenure of office during good behaviour but may be removed at any time of for cause. office commissioners. 50. Unless otherwise directed by the Lieutenant-Gover- Age limit. nor in Council a Commissioner shall cease to hold office when he attains the age of 75 years. 51. Each of the Commissioners shall devote the whole of Commissionhis time to the performance of his duties under this Part. ers to give whole time to duties. 52. The salary of the Chairman shall be $10,000 per Salaries. annum, the salary of the Vice-Chairman shall be $8,500 per annum, and the salary of the other Commissioner shall be $7,500 per annum, and such salaries shall be payable out of the Consolidated Revenue Fund. 53. The presence of two Commissioners shall be neces- Quorum. sary to constitute a quorum of the Board. to impair 54. A vacancy in the Board shall not if there remain two Vacancy not members of it impair the authority of such two members to authority if act. two members remain. Powers of Commissioners to be 55. The Board shall have the like powers as the Supreme Court for compelling the attendance of witnesses and of examining them under oath, and compelling the production of books, papers, documents and things. 56. (1) A Commissioner shall not directly or indirectdisqualified ly: in certain cases. Offices of (a) have, purchase, take or become interested in any industry, to which this Part applies or any bond, debenture or other security of the person owning or carrying it on; (b) be the holder of shares, bonds, debentures or other securities of any company which carries on the business of employers' liability or accident in surance; (c) have any interest in any device, machine, appliance, patented process or article which may be required or used for the prevention of accidents. (2) If any such industry, or interest therein, or any such share, bond, debenture, security, or thing comes to or becomes vested in a Commissioner by will or by operation of law and he does not within three months thereafter sell and absolutely dispose of it he shall cease to hold office. 57. The offices of the Board shall be situated in the city and sittings. of Toronto and its sittings shall be held there, except where it is expedient to hold sittings elsewhere, and in that case sittings may be held in any part of Ontario. Proceedings of Board. Appointment of Secretary 58. The Commissioners shall sit at such times and conduct their proceedings in such manner as they may deem most convenient for the proper discharge and speedy despatch of business. 59.-(1) The Board shall appoint a Secretary and a and officers. Chief Medical Officer and may appoint such auditors, actuaries, accountants, inspectors, medical referees, other officers, clerks and servants as the Board may deem necessary for carrying out the provisions of this Part and may prescribe their duties and, subject to the approval of the LieutenantGovernor in Council, may fix their salaries. (As amended by s. 19, c. 24, 1915). Tenure of office. Jurisdiction of Board. (2) Every person so appointed shall hold office during the pleasure of the Board. 60. (1) The Board shall have exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Part and as to any matter or thing in respect to which any power, authority or discretion is conferred upon the Board, and the action or decision of the Board thereon shall be final and conclusive and shall not be open to question or review in any court and no proceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceeding in any court or be removable by certiorari or otherwise into any court. (2) Without thereby limiting the generality of the provisions of subsection 1, it is declared that such exclusive jurisdiction shall extend to determining: (a) Whether any industry or any part, branch or (b) Whether any industry or any part, branch or de- (c) Whether any part of any such industry constitutes reconsider. (3) Nothing in subsection 1 shall prevent the Board Power to from reconsidering any matter which has been dealt with by it or from rescinding, altering or amending any decision or order previously made, all which the Board shall have authority to do. Board as to compensa penses. 61. The Board may award such sum as it may deem Power of reasonable to the successful party to a contested claim for awarding compensation or to any other contested matter as compensa- tion for extion for the expenses he has been put to by reason of or incidental to the contest and an order of the Board for the payment by an employer of any sum so awarded when filed in the manner provided by section 63 shall become a judgment of the Court in which it is filed and may be enforced accordingly. act on officers. 62.-(1) The Board may act upon the report of any of its Board may officers and any inquiry which it shall be deemed necessary report of to make may be made by any one of the Commissioners or by an officer of the Board or some other person appointed to make the inquiry, and the Board may act upon his report as to the result of the inquiry. (2) The person appointed to make the inquiry shall for the purposes of the inquiry have all the powers conferred upon the Board by section 55. Enforcement of orders of Board. Regulations. Power to Publication. Penalty. Determination of right to bring action. 63. An order of the Board for the payment of compensation by an employer who is individually liable to pay the compensation or any other order of the Board for the payment of money made under the authority of this Part, or a copy of any such order certified by the Secretary to be a true copy may be filed with the clerk of any county or district court and when so filed shall become an order of that court and may be enforced as a judgment of the court. 64.-(1) The Board may make such Regulations as may be deemed expedient for carrying out the provisions of this Part and to meet cases not specially provided for by this Part, and a certified copy of every Regulation so made shall be transmitted forthwith to the Provincial Secretary and any Regulation may within one month after it has been received by the Provincial Secretary be disallowed by the Lieutenant-Governor in Council. (2) Every Regulation which is approved by the Lieutenant-Governor in Council shall immediately after approval or on the day named by him for that purpose become effective, and after the period for disallowance has expired every other Regulation which has not been disallowed shall become effective and every Regulation which has become effective shall be forthwith published in the Ontario Gazette. (3) Every person who contravenes any such Regulation after it has become effective or any rule of an association formed as provided by section 101, which has been approved and ratified as provided by that section shall for every contravention incur a penalty not exceeding $50. (4) Where an action in respect of an injury is brought workman's against an employer by a workman or a dependant the Board shall have jurisdiction upon the application of the employer to determine whether the workman or dependant is entitled to maintain the action or only to compensation under Part I, and if the Board determines that the only right of the workman or dependant is to such compensation the action shall be forever stayed. Audit of accounts. Report to 65. The accounts of the Board shall be audited by the Provincial Auditor or by an auditor appointed by the Lieutenant-Governor in Council for that purpose and the salary or remuneration of the last mentioned auditor shall be paid by the Board. 66.-(1) The Board shall on or before the 15th day of January in each year make a report to the LieutenantGovernor of its transactions during the next preceding calendar year and such report shall contain such particulars as the Lieutenant-Governor in Council may prescribe. be laid (2) Every such report shall be forthwith laid before the Report to Assembly if the Assembly is then in session and if it is not before. then in session within fifteen days after the opening of the next session. Assembly. tendent of to examine and business 67. The Superintendent of Insurance or an officer of his SuperinDepartment named by him for that purpose shall once in insurance each year and oftener if so required by the Lieutenant-Gov-into affairs ernor in Council examine into the affairs and business of of Board. the Board for the purpose of determining as to the sufficiency of the accident fund and shall report thereon to the Lieutenant-Governor in Council. CONTRIBUTION BY THE PROVINCE. grant to of adminis 68. To assist in defraying the expenses incurred in the Provincial administration of this Part there shall be paid to the Board wards costs out of the Consolidated Revenue Fund such annual sum not tration. exceeding $100,000 as the Lieutenant-Governor in Council may direct. ACCIDENT FUND. dent fund provided. 69.—(1) An accident fund shall be provided by contri-How acelbutions to be made in the manner hereinafter provided, by to be the employers in the classes or groups of industries, for the Compensatime being included in Schedule 1, and compensation pay-tion payable in respect of accidents which happen in any industry accident included in any of such classes or groups, shall be pay-certain able and shall be paid out of the accident fund. able out of fund in cases. in Schedule contribute. (2) Notwithstanding the generality of the description of Industries the classes for the time being included in Schedule 1 none of 2 not to the industries included in Schedule 2 shall form part of or be deemed to be included in any of such classes, unless it is added to Schedule 1 by the Board under the authority conferred by this Part. compensa reserves or Revenue 70. Where at any time there is not money available for Payment of payment of the compensation which has become due, without tion out of resorting to the reserves the Board may pay such compensa-Consolidated tion out of the reserves and shall make good the amount with- Fund. drawn from the reserves by making a special assessment upon the employers liable to provide the compensation or by including it in a subsequent annual assessment, or where it is for any reason deemed inexpedient to withdraw the amount required from the reserves the Lieutenant-Governor in Council may direct that the same be advanced out of the Consolidated Revenue Fund and in that case the amount advanced shall be collected by a special assessment and when collected shall be paid over to the Treasurer of Ontario. |