· 2005. 9. 30. · workmen’s compensation board inquiry r 365 chapter 370. an act to provide...

WORKMEN’S COMPENSATION BOARD INQUIRY R 365

CHAPTER 370.

An Act to provide for Compensation to Workmen for Injuries sustained and Industrial Diseases contracted in the Course of their Employment.

IS MAJESTY, by and with the advice and consent of the H Legislative Assembly of the Province of British Columbia, enacts as follows :-

Preliminary.

Short title. I. This Act may be cited as the “Workmen’s Compensation Act.” R.S. 1936, c. 312, s. 1.

Interpretation. 2. (1) In this Act, unless the context otherwise requires:- “Accident” shall include a wilful and an intentional act,

not being the act of the workman, and shall include a fortuitous event occasioned by a physical or natural cause :

“Accident F u n d ” shall mean the fund provided for the payment of compensation, outlays, and expemes under Part I:

“ Board ” shall mean the Workmen’s Compensation Board : “ Compensation ” shall include medical aid : “ Construction ” shall include reconstruction, repair, altera-

tion, and demolition : “ Dependents ” shall mean such of the members of the family

of a workman as were wholly or partly dependent upon his earnings at the time of his death, or who but for the incapacity due to the accident would have been so dependent, and shall include a wife, husband, parent, or child who satisfies the Board that he or she had a reasonable expectation of pecuniary benefit from the continuation of the life of the deceased workman, and

R 366 BRITISH COLUMBIA

no person shall be excluded as a dependent because he is a non-resident alien :

“ Employer ” shall include every person having in his service under a contract of hiring or apprenticeship, written or oral, express or implied, any person engaged in any work in or about an industry, and in respect of any industry within the scope of Part I includes the Crown in right of the Province and municipal corporations and boards and commissions having the management of any work or service operated for a municipal corporation :

“ Employment,” when used in Par t I, means and refers to the whole or any part of any establishment, undertaking, trade, or business within the scope of that Part, and in the case of any industry not as a whole within the scope of Part I includes any department or part of such industry as would if carried on separately be within the scope of Pa r t I :

“ Industrial disease ” shall mean any of the diseases mentioned in the Schedule, and any other disease which by the regulations is added as an industrial disease:

“ Industry ” shall include establishment, undertaking, work, trade, and business :

“ Invalid ” shall mean physically or mentally incapable of earning :

“ Medical aid,” when used in Pa r t I, shall include the several matters and things which the Board under the provisions of this Act is empowered to provide for injured workmen :

“ Member of the family ” shall mean wife, husband, father, mother, grandfather, grandmother, stepfather, s t e p - mother, son, daughter, grandson, granddaughter, s t e p son, stepdaughter, brother, sister, half-brother, and half-sister, and a person who stood in loco parentis to the workman or to whom the workman stood in loco parentis, whether related to him by consanguinity or not so related, and where the workman is the parent or grandparent of an illegitimate child shall include such child, and where the workman is an illegitimate child shall include his parents and grandparents :

“ Metalliferous-mining industry ” shall include the operations of milling and concentrating, but shall not include any other operations for the reduction of minerals:

“Outworker” shall mean a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for

WORKMEN'S COMPENSATION BOARD INQUIRY R 367

sale in his own home or on other premises not under the control or management of the person who gave out the articles or materials:

" Person " shall include females as well as males, and shall include any corporation :

" Physician " shall mean any person registered under the " Medical Act " :

" Regulations " shall mean rules and regulations made by the Board under the authority of this Act:

" Workman " shall include a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise; and in respect of the industry of mining shall include a person while he is actually engaged in taking or attending a course of training or instruction in mine-rescue work under the direction or with the written approval of an employer in whose employment the person is employed as a workman in that industry, or while with the knowledge and consent of any employer in that industry, either express or implied, he is actually engaged in rescuing or pro- tecting or attempting to rescue or protect life or property in the case of an explosion or accident which endangers either life or property in a mine, and this irrespective of the fact whether during the time of his being so engaged the person is entitled to receive wages from such employer, or from any employer, or is per- forming such work or service as a volunteer; and, further, in respect of the industry of mining, shall include a person while he is engaged as a member of the inspection committee, appointed or elected by the workmen in the mine, or in default of such appointment or election by the workmen, if appointed by the Chief Inspector of Mines, to inspect the mine on behaIf of the workmen, pursuant to General Rule 19 ( e ) , section 65 of the " Coal-mines Regulation Act."

(2) This Act shall not apply to domestic servants or to their employers. R.S. 1936, c. 312, s. 2; 1943, c. 72, ss. 2-4; 1948, c. 108, s. 2.

3. This Act is divided into two parts, relating to the following subjects :-

excluded. Domestic serviw

Division hb PILI&. of Act

PART. 6ECTION.

1.-Compensation to Workmen and Dependents .....--- 4-80 Division (1) .-Scope of this Part ....... ~-~ ....... 4-6 Division (2) .-Compensation _.._.._ ~ ..__........ ~ . ~ ~ . 7-17 Division (3) .-Scale of Compensation ..... . . ~ ~ ~ 18-29


Application of Part I.

PART. %C"ION.

1.-Compensation to Workmen and Dependents- Continued.

Division (4) .-Accident Fund and Assess- ments 30-48

Division (5) .-Procedure and Miscellaneous 49-64 Division (6) .-Workmen's C om p e n sat i o n

Board 65-80 11.-Liability of Employers in Industries not within

.~..._.~. _.~...__._...._.__ 81-84 R.S. 1936, c. 312, s. 3.

the Scope of Part I

PART I.

COMPENSATION TO WORKMEN AND DEPENDENTS.

Division (1).-Scope of this Part. 4. This Part shall apply to employers and workmen in or

about the industries of lumbering, mining, assaying, quarrying, excavation, diamond-drilling, well drilling or digging, fishing, oyster-cultivation, kelp-collection, manufacturing, wholesaling, printing, construction, building, building-moving, steam-cleaning of buildings, land-clearing, engineering, installation of machinery or equipment, transportation, dredging, aerial testing or flying or demonstrating, or aerial transportation and aerial advertising ; peat-processing ; automobile repairing, servicing, storage, or selling; armature-winding ; bridge operation, repairing, or renovating; dental laboratories, industrial testing, distribution and servicing of automatic music-machines, carpet or linoleum laying, silver- or electro-plating, ice-harvesting, land-surveying, horticultural nurseries or landscape-gardening or other gardening (exclusive of market-gardening) ; operation of parks, cemeteries, horse-race courses, ice-rinks, roller-rinks, bowling- alleys, billiard-parlours, dance-halls as a business, golf-courses, broadcasting-stations, motion-picture houses o r other theatres (excluding in all cases players o r artists) ; operation of retail stores, photo-taking or photo-printing shops, private schools, private clubs, trade-unions, barber-shops, hairdressing establishments or beauty-parlours, steam baths, auctioneering establishments, stockyards, packing-houses, refrigerating or cold-storage plants, veterinary hospitals, nursing-homes, hospitals, restaurants, beer-parlours, floor-polishing or floor-waxing service or janitor service, chimney-cleaning or window-cleaning service ; gperation of railway or tramways; operation of telegraph or telephone systems ; operation of lumber, wood, sawdust, coal, or


builders’ supply yards, or travelling wood-saw ; operation of steam-heating plants, power plants, electric-light and electric- power plants o r systems, gasworks, waterworks, irrigation- works, or sewers ; operation of municipalities or municipal boards ; operation of docks, wharves, warehouses, freight and passenger elevators, grain-elevators, boats, ships, tugs, ferries, or dredges ; navigation, shipping, marine salvage, stevedoring, teaming, trucking, hauling, transfer, messenger service or delivery service, exterminating and fumigating service, funeral undertaking, horse-shoeing, blacksmithing, scavenging, street- cleaning, painting, decorating ; laundry, dyeing, cleaning, or pressing service; and, where there a re ten or more bedrooms, the operation of hotels or lodging-houses, commercial buildings, or apartment buildings where rooms, suites, or space is rented to a tenant, and non-industrial construction of buildings having a value of two thousand five hundred dollars or more, and in or about any of the industries or occupations incidental to or connected with any of the industries enumerated in this section, and in or about such other industries or occupations as may be determined by the Board ; and when any industry or occupation is brought under this Part by determination of the Board, i t may be brought under on such terms and conditions as the Board deems proper: Provided that, subject to section 5, this Par t shall not apply to the following:-

(a) Persons engaged as travelling salesmen, and not exposed to the hazards incident to the nature of the work carried on in the industry:

( b ) Persons whose employment is of a casual nature, and who are employed otherwise than for the purposes of the employer’s trade or business :

(c) Outworkers : ( d ) Members of the family of the employer; or (e) Persons employed by American contractors engaged

upon the construction of the military highway to Alaska and other projects of the Government of the United States in British Columbia since the first day of January, 1942, when compensation is provided for such persons under the “ Longshoremen’s and Harbour Workers’ Compensation Act ” of the United States as amended by Public Law No. 208, 77th Congress. R.S.

1948, e. 108, s. 3. 1936, C. 312, S. 4 ; 1943, C. 72, S. 5 ; 1946, C. BO, S. 2;

Admission industries. of 5. (1) On the application of the workmen in the case of any industry not within the scope of this Part, or on the application of the employer in the case of any industry or workman not


within the scope of this Part, the Board may by order admit the industry or workman, as the case may be, as being within the scope of this Part, and upon such admission the industry or workman shall be deemed to be within the scope of this Part.

(2) Any employer in an industry within the scope of this Part may be admitted by the Board as being entitled for himself and his dependents to the same compensation as if the employer were a workman within the scope of this Part.

(3) Admissions under this section may be made from time to time in such manner and form and subject to such terms and conditions and for such period as the Board may deem adequate and proper. R.S. 1936, c. 312, s. 5.

Admission of employer.

Manner of admiesion.

Application 6. This Part shall apply to any employment by or under the Crown in right of the Province, including employment by any permanent Board o r Commission of the Crown in right of the Province. R.S. 1936, c. 312, s. 6; 1943, c. 72, s. 6.

to Crown.

Part I , Division (2) .--Compensation.

Compensation in 7. (1) Where, in any industry within the scope of this Part, accident. personal injury by accident arising out of and in the course of

the employment is caused to a workman, compensation as provided by this Part shall be paid by the Board out of the Accident Fund.

(2) If the injury does not disable the workman longer than the period of three days, exclusive of any holiday upon which the workman would not in the usual course of his employment have worked, from earning full wages at the work at which he was employed, no compensation, other than medical aid, shall be payable under this Part . If the injury disables the workman longer than the period of three days, no compensation, other than medical aid, shall be payable for the first three days of disability reckoned exclusively of any such holiday: Provided that where the disability is of more than six days’ duration compensation shall be payable from the date of disability.

(3) Where the injury is attributable solely t o the serious and wilful misconduct of the workman, no compensation shall be payable unless the injury results in death or serious and permanent disablement.

(4) Where the accident arose out of the employment, unless the contrary is shown, it shall be presumed that it occurred in the course of the employment, and where the accident occurred in the course of the employment, unless the contrary is shown, it shall be presumed that i t arose out of the employment. R.S. 1936, c. 312, s. 7; 1946, c. 80, s. 3.

cases of industrial

Waiting period of three days.

Efl=tof~efiousand wilful misconduct.

Presumptions.


(lompensation in eases of industrial diseases.

Presumptions.

Reports of industrial diseases.

Certain riahts not affecten.

" Silicosis " defined.

8. (1) Where:- (a) A workman suffers from an industrial disease and is

thereby disabled from earning full wages at the work at which he was employed ; or

( b ) The death of a workman is caused by an industrial disease ;

and the disease is due to the nature of any employment in which the workman was employed at any time within the twelve months previous to the date of the disablement, whether under one or more employments, the workman or his dependents shall be entitled to compensation under this Part as if the disease were a personal injury by accident arising out of and in the course of that employment, subject to the following modifications :-

( c ) The disablement shall be treated as the happening of the accident, except that all periods of disablement from an industrial disease in any sixty-day period shall be deemed to be the result of one accident; and

( d ) If the workman has at the time of entering the employment wilfully and falsely represented himself in writing as not having previously suffered from the disease, compensation shall not be payable.

(2) If the workman at or immediately before the date of the disablement was employed in any process or industry mentioned in the second column of the Schedule, and the disease contracted is the disease in the first column of the Schedule set opposite to the description of the process, the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved.

(3) The Board may by the regulations require every physician treating a patient who is suffering from any industrial disease to report to the Board such information relating thereto as it may require.

(4) Nothing in this section shall affect the right of a workman to compensation in respect of a disease to which this section does not apply, if the disease is the result of an injury in respect of which he is entitled to compensation under this Part.

( 5 ) " Silicosis " shall mean a fibrotic condition of the lungs caused by dust containing silica and evidenced by specific X-ray appearances accompanied by a substantially lessened capacity for work.

(6) A workman in the metalliferous-mining industry who becomes disabled from uncomplicated silicosis or from silicosis complicated with tuberculosis on or after the first day of January, 1936, and a workman in the coal-mining industry who becomes disabled from uncomplicated silicosis or from silicosis complicated with tuberculosis on or after the first day of


January, 1943, shall be entitled to compensation for total o r partial disability as provided by this P a r t ; and where death results from such disability the dependents of such workman shall be entitled to compensation as provided by this Part; but neither a workman nor his dependents shall be entitled to compensation for such disability or death unless the workman :-

(a) Has been a resident of this Province for a period of at least three years last preceding his disablement, o r unless at least two-thirds of his exposure to dust containing silica was in this Province; and

( b ) Was free from silicosis and t u b e r c u l o s i s before being first exposed to dust containing silica in the metalliferous-mining or coal-mining industry in this Province ; and

( c ) Has been a workman exposed to dust containing silica in the metalliferous-mining or coal-mining industry in this Province for a period or periods aggregating three years preceding his disablement, o r for any lesser period if the workman was not exposed to dust containing silica anywhere except in this Province ; and

( d ) Hasfiled a claim for compensation while usually and regularly employed in the metalliferous-mining or coal-mining industry in this Province, or has made and established his claim for potential disability within five years af ter the date of leaving such employment in this Province, and in either case within one year af ter the date on which he became disabled; but this provision shall not prevent an allowance by the Board of any case due to uncomplicated silicosis that the Board considers should in justice be allowed:

Provided that if the workman has been exposed to the inhala- tion of dust containing silica in two or more classes or sub-classes of industry in this Province the Board may apportion the cost of compensation amongst such classes or sub-classes on the basis of the duration and severity of the exposure in each.

(7) When a workman becomes disabled by pneumoconiosis as a result of exposure to dust conditions, that a r e deemed by the Board to have contributed to the development of the disease in employment in this Province in any industry in which that disease is an industrial disease under this Par t , he or his dependents shall be entitled to compensation only if he was free from pneumoconiosis and tuberculosis before being first exposed to such dust conditions in this Province, and if his residence and exposure to such dust conditions have been of the duration required to entitle a workman to compensation for silicosis under subsection (6) and he has filed or made and established his claim


within the period prescribed by that subsection ; and the cost of compensation may be apportioned in the manner provided by that subsection, but nothing in this subsection shall prevent an allowance by the Board of any case of uncomplicated pneumoconiosis that the Board considers should in justice be allowed. R.S. 1936, c. 312, s. 8 ; 1939, e. 65, s. 2 ; 1943, c. 72, 9s. 8, 9 ; 1946, c. 80, ss. 4, 5.

9. (1) Where an accident happens while the workman is employed elsewhere than in the Province, which would entitle him or his dependents to compensation under this Part if i t had happened in the Province, the workman or his dependents shall be entitled to compensation under this Part :-

( a ) If the place or chief place of business of the employer is situate in the Province, and the residence and the usual place of employment of the workman are in the Province, and his employment out of the Province has immediately followed his employment by the same empIoyer within the Province and has lasted less than six months; or

( b ) If the accident happens on a steamboat, ship, or vessel, or on a railway, aeroplane, flying-machine, truck, bus, or other vehicle used in transportation of passengers or freight, and the workman is a resident of the Province, and the nature of the employment is such that in the course of the work or service which the workman performs it is required t o be performed both within and without the Province.

(2) Except as provided by subsection (l), no compensation shall be payable under this Pa r t where the accident to the workman happens elsewhere than in the Province.

(3) In any case where compensation is payable in respect of a n accident happening elsewhere than in the Province, if the employer has not fully contributed to the Accident Fund in respect of all the wages of workmen in his employ who are engaged in the employment or work in which the accident happens, the employer shall pay to the Board the full amount of capitalized value, a s determined by the Board, of the compensation pzyable in respect of the accident, and the payment of such amount may be enforced ih the same manner as the payment of an assessment may be enforced.

(4 ) The Board, if satisfied that the default of the employer in respect of his contribution to the Accident Fund was excusable, may in any case relieve the employer in whole or in part from liability under subsection (3) .

(5) The Board may make and carry out arrangements with the Workmen’s Compensation Board of any other Province

.

Accidents happening out of Province.

No compensation payable in certain cases.

Liability of employer.

Board may relieve from liability.

Power to make arrangements with Workmen’s Compen-


ution Board of other Provinces. in Canada to avoid duplication of assessments on the earnings

of workmen protected at the same time under the Workmen's Compensation laws of two or more Provinces, and make any adjustment in assessments on their employers that the Board deems equitable, and may repay any other Workmen's Compensa- tion Board for any payment of compensation made by i t under any such arrangement. R.S. 1936, c. 312, s. 9; 1938, c. 67, s. 2; 1943, c. 72, s. 10; 1948, c. 108, s. 4.

as Work@antoel@t to compensation. IO. (1) Where by the law of the country or place in which the accident happens the workman or his dependents a r e entitled to compensation in respect of it, they shall be bound to elect whether they will claim compensation under the law of that country or place or under this Part, and to give notice of such election; and if such election is not made and notice given it shall be presumed that they have elected not to claim compensation under this Part .

(2) Notice of the election shall be given to the Board within three months after the happening of the accident, or, in case it results in death, within three months after the death, or within such longer period as either before or after the expiration of such three months the Board may allow. R.S. 1936, c. 312, s. 10.

Noticeorel=tion.

Workman may bring action against person other than employcr.

11. (1) Where an accident arising out of and in the course of his employment happens to a workman in such circumstances as entitle him or his dependents to an action against some person other than his employer and other than an employer in an industry within the scope of this Part or against the Crown, the workman or his dependents, if entitled to compensation under this Part , may claim such compensation or may bring such action.

(2) If the workman or his dependents bring such action and less is recovered and collected than the amount of the compensation to which the workman or dependents would be entitled under this Part , the workman o r dependents shall be entitled to compensation under this Pa r t to the extent of the amount of the difference.

(3) If any such workman or his dependents make application to the Board claiming compensation under this Part, neither the making of such application nor the payment of compensation thereunder shall restrict or impair any such right of action against the party or parties liable, but as to every such claim the Eoard shall be subrogated to the rights of the workman or his dependents and may maintain an action in his or their names or in the name of the Board, and if more is recovered and collected than the amount of the compensation to which the workman or his dependents would be entitled under this Par t , the

Entitled to

amountcol1=M difference between

and compensation.

BoardsubrmaM to workman's rights.


amount of the excess, less costs and administration charges, may be paid to the workman or his dependents.

Board compensation may award in lieu (4) In any case within the provisions of subsection (l), ;;;;~~;;~o;;y neither the workman nor his dependents nor the employer of the class.

Election for infant.

Where employer partly at fault.

workman shall have any right 02 action in respect o f the accident against an employer in any industry within the scope of this Part; and in any such case where it appears to the satisfaction of the Board that a workman of an employer in any class or sub- class is injured owing to the negligence of an employer or of the workman of an employer in another class or sub-class within the scope of this Part , the Board may direct that the compensation Etwarded in such case shall be charged against the last-mentioned class or sub-class.

( 5 ) An application filed by a parent or by the Official Guard- ian for compensation for the infant child of a deceased workman shall be deemed to be a valid election on behalf of such child.

( 6 ) If in any action brought by a workman or dependent of a workman or by the Board in any case within the provisions of subsection (1) it is found that the accident was due partly to the negligence of one or more employers under this Part , no damages, contribution, or indemnity shall be recoverable for the portion of the loss or damage caused by the negligence of such employer; the portion of the loss or damage caused by the negligence of such employer shall be determined. although such employer is not a party t o the action.

subsecs. Retroactive ( I ) . effect ( 8 ) . of

(5).and ( 6 ) . (7)- Subsections- (l), (3) , ( 5 ) , and (6) of this section shall

apply retroactively to all actions in which final judgment has not

Provisions of this Part in lieu of all actions.

Workman who is a minor to be sui juris.

Payment to widow, etc.. free of debts.

been entered. 1948, e. 108, s. 5.

12. (1) The provisions of this Pa r t shall be in lieu of all rights and rights of action, statutory or otherwise, to which a workman or the members of his family are 01- may be entitled against the employer of such workman for or by reason of any accident happening to him or any industrial disease contracted by him on or after the first day of January, 1917, while in the employment of such employer, and no action in respect thereof shall lie.

(2) A workman under the age of twenty-one years, and working a t an age and in an employment permitted under the laws of the Province, shall be deemed sui juris for the purpose of this Part, and no other person shall have any cause of action or right to compensation for an injury to the workman except as expressly provided in this Part.

(3) Any compensation owing or accrued to a workman or pensioner for a period not exceeding three months before his death may a t the discretion of the Board be paid t o a widow,

R.S. 1936, e. 312, s. 11; 1946, c. 80, ss. 6-8;


invalid widower, or a person who takes charge of the funeral arrangements, fr,ee from debts of the deceased.

an employer by a workman or a dependent, the Board shall have jurisdiction upon the application of any party to the action to adjudicate and determine whether the action is one the right to bring which is taken away by this Part , and such adjudication and determination shall be final and conclusive; and if the Board determines that the action is one the right to bring which is taken away by this Pa r t the action shall be for ever stayed. R.S. 1936, c. 312, s. 12; 1946, c. 80, s. 9; 1948, c. 108, s. 6.

Stay improperly of action bmupht. (4) Where an action in respect of an injury is brought against

Compensation cannot be waived.

No contributions from workmen.

Contravention of subsee. ( 1 ) an offence.

Compensation not assignable or liable to attachment.

13. It shall not be competent for a workman to agree with his employer to waive or to forego any of the benefits to which he or his dependents are or may become entitled under this Par t , and every agreement to that end shall be absolutely void. R.S. 1936, c. 312, s. 13.

14. (1) It shall not be lawful for a n employer, either directly or indirectly, to deduct from the wages of any of his workmen any part of any sum which the employer is or may become liable to pay into the Accident Fund or otherwise under this Part, or to require or to permit any of his workmen to contribute in any manner towards indemnifying the employer against any liability 'which he has incurred or may incur under this Part.

(2) Every person who contravenes any of the provisions of subsection (1) shall be guilty of an offence against this Part, and shall also be liable to repay t o the workman any sum which has been so deducted from his wages or which he has been required or permitted to pay in contravention of subsection (1) . R.S. 1936, c. 312, s. 14; 1946, e. 80, s. 10.

15. No sum payable as compensation or by way of commutation of any periodical payment in respect of i t shall be capable of being assigned, charged, or attached, nor shall i t pass by operation of law except to a personal representative, nor shall any claim be set off against it. R.S. 1936, c. 312, s. 15.

Conditionson which 16. No compensation shall be payable in respect of hernia,

(a ) It is clinical hernia of disabling character and of recent primary demonstrability ; and

( b ) The onset thereof can be shown to have been immediately preceded by accident; and

(c) It is shown that a t the time of the occurrence of the accident the workman immediately reported his condition to his employer or ceased work a t the time and

compensation is payable in respect llnless :- of hernia.


reported within seventy-two hours of so ceasing work ; and

( d ) An operation to effect a cure is performed within two weeks of the occurrence if such operation is deemed surgically advisable :

Provided that in case there has been excusable failure on the part of the workman to comply with the provisions of this section the Board may pay compensation if it is of the opinion that the claim in justice should be allowed, but no compensation shall be payable for a period greater than seven days prior to the date of a n operation to effect a cure or for more than forty-two days thereafter for uncomplicated hernia. 1943, c. 72, s. 11.

Me*surestoassist

return to work. 17. To aid in getting injured workmen back to work and to

assist in lessening or removing any handicap resulting from their injuries, the Board may take such measures and make such expenditures from the Accident Fund as i t may deem necessary or expedient: Provided that the total expenditure under the provisions of this section shall not exceed seventy-five thousand dollars in any calendar year. 1943, c. 72, s. 11.

in jured men to

Burial expenses.

Compensation to dependents.

Part I , Division (3) .-Scale of Compensation.

18. (1) Where death results from the injury, the necessary expenses of the burial or cremation of the workman, not exceeding the sum of one hundred and fifty dollars, shall be paid in addition to all other compensation payable under this section, provided that the employer of such workman shall bear the cost of transporting the body t o the place of business of the nearest undertaker, and if burial does not take place there any additional transportation of the body t o a point within the Province may, up to the sum of one hundred dollars, be paid out of the Accident Fund, and no action for any amount larger than that fixed by this subsection shall lie in respect of the burial or cremation of such workman.

(2) Where death results from the,injury, compensation shall be paid to the dependents of the deceased workman as follows :-

(u) Where the dependent is a widow or a n invalid widower without any dependent children, a monthly payment of fifty dollars during the life of the surviving spouse :

( b ) Where the dependents are a widow or a n invalid widower and one or more children, a monthly payment of fifty dollars, with a n additional monthly payment of twelve dollars and fifty cents for each child under the age of sixteen years and for each invalid child over that age, together with a monthly payment of twelve dollars and fifty cents for each child while regularly attending


an academic, technical, or vocational school between the ages of sixteen years and eighteen years:

( c ) Where the dependents a re children, there being no dependent widow or dependent invalid widower, a monthly payment of twenty dollars to each child under the age of eighteen years and t o each invalid child over that age, but such monthly payment, except in the case of an invalid child unable to attend school, shall be reduced by two dollars and fifty cents while such child is not attending an academic, technical, or vocational school between the ages of sixteen and eighteen years:

( d ) Where there is no widow, invalid widower, child under the age of eighteen years, or invalid child over tha t age as a dependent, but the workman leaves other dependents, a sum reasonable and proportionate to the pecuniary loss to such dependents occasioned by the death, to be determined by the Board, but not exceeding forty dollars per month to a parent or parents, and not exceeding in the whole fifty-five dollars per month:

( e ) In any case within the provisions of clause (a) or (c), if the workman leaves a parent o r parents who are dependents, the Board may in its discretion award to the parent or parents a sum to be determined by the Board, but not exceeding forty dollars per month, or if the workman leaves a widow, widower, parent, or child who are not dependent on his earnings at the time of his death but who had a reasonable expectation of pecuniary benefit from the continuance of the life of the workman the Board may in its discretion award to such widow, widower, parent, or child payments not exceeding forty dollars per month for life o r a lesser period, but not to exceed in the whole one thousand dollars:

( f ) Where the dependents are residing outside of the Dominion and entitled t o compensation under clause (a), ( b ) , (c), ( d ) , or ( e ) of this subsection, the Board may, in lieu of awarding such dependents compensation on the scale provided by clause (a), ( b ) , ( c ) , ( d ) , or ( e ) , award such lesser sum by way of compensation as, according to the conditions and cost 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 the Dominion and receiving the full compensation authorized by this Act would enjoy :

( 9 ) Where the workman leaves no dependent widow, or the widow subsequently dies, and it seems desirable to


Allotment of compensation.

Duration of payments.

Payments to children.

Readjustment of payments.

continue the existing household, and where an aunt, sister, or other suitable person acts as foster-mother in keeping up such household and taking care of and maintaining the children entitled to compensation in a manner that the Board deems satisfactory, the person acting as foster-mother shall, while so acting, be entitled to receive, until the children reach the age of eighteen years, or cease at an earlier age to be entitled to compensation, the same monthly payments of compensation for herself and the children as if she were the widow of the diseased; and in such case the children’s part of such payments shall be in lieu of the monthly payments that they otherwise would have been entitled to receive :

( h ) Where the workman who for the seven years last preceding his death maintained a common-law wife but left no dependent widow, the compensation to which a dependent widow would have been entitled under this Pa r t may in the discretion of the Board be paid to such common-law wife :

(i) In addition to any other compensation provided, a dependent widow or foster-mother in Canada to whom compensation is payable shall be entitled to a lump sum of one hundred dollars :

( j ) Where compensation is payable to an invalid widower, if the widower ceases to be an invalid widower, the Board may cease paying compensation to him.

(3) Where there are both total and partial dependents, the compensation may be allotted partly to the total and partly to the partial dependents.

(4) The payments provided under clause ( d ) of subsection (2) shall continue only so long as, in the opinion of the Board, it might reasonably have been expected had the workman lived he would have continued to contribute to the support of the dependents.

( 5 ) Except as provided in subsection (2) , payments in respect of a child under the age of sixteen years shall cease when the child attains the age of sixteen years or dies, provided that in case the child at the time of attaining the age of sixteen years is an invalid the payments shall continue until the child ceases to be an invalid. Payments in respect of an invalid child over the age of sixteen years shall cease when the child ceases to be an invalid or dies.

(6) Where a payment to any one of a number of dependents ceases, the Board may in its discretion readjust the payments to the remaining dependents so that the remaining dependents shall


thereafter be entitled to receive the same compensation as though they had been the only dependents a t the time of the death of the workman.

(7) Where an accident happens to a workman in the course of his employment as a direct result of enemy warlike action or counter-action taken against such action, and provision has been made f o r compensation for the workman or his dependents by the Government of the Dominion and such compensation is less, equal to, or more than that payable under this Part, the workman or his dependents shall be entitled to compensation under this Part only when the compensation provided by the Government of the Dominion is less than that provided by this Act and then only to the extent of the difference.

(8) The amount of compensation provided in this section and

Provisionincaseof

like action. accident due to war-

able Compensation notwithstanding pay- date of accident.

Reserves where lesser sum awarded to alien dependents.

Marriage of widow.

Exception.

Permanent total disability.

Minimum compensation of $12.50 per week.

section 20 shall be payable to dependents on and after the first day of May, 1948, notwithstanding the date of the accident, or date of the disa.blement from an industrial disease, that caused the workman’s death, and shall be in lieu of all right to compensation to which any person may be entitled from the accumulation provided under section 19. R.S. 1936, c. 312, s. 16 ; 1938, C. 67, S. 3 ; c. 108, ss. 7, 8.

19. Where under the provisions of clause ( f ) of subsection (2) of section 18 a lesser sum is awarded to dependents residing outside of the Dominion, the Board shall, notwithstanding such award, create and provide the same reserve as if the award had been made according to the scale provided by such of the clauses (a ) , ( b ) , ( c ) , ( d ) , or ( e ) of said subsection as would, except for the provisions of said clause ( f ) , be applicable, and such reserve and any future additions thereto shall form a part of the capitalized reserves provided for under subsection (1) of section 34. R.S. 1936, c. 312, s. 17; 1938, c. 67, s. 4 ; 1943, c. 72, 9s. 15, 16; 1948, c. 108, s. 9.

20. (1) If a dependent widow marries, the monthly payments to her shall cease, but she shall be entitled in lieu of them to a sum equal to the monthly payments for two years.

(2) Subsection (1) shall not apply to payments to a widow in respect of a child.

21. (1) Where permanent total disability results from the injury, the compensation shall be a periodical payment to the injured workman equal in amount to sixty-six and two-thirds per centum of his average earnings, and shall be payable during the lifetime of the workman.

(2) The compensation awarded under this section shall not be

1943, C. 72, SS. 12-14; 1946, C. 80, S. 11; 1948,

R.S. 1936, c. 312, s. 18; 1943, c. 72, s. 17.

less than an amount equal to twelve dollars and fifty cents per


week, unless the workman’s average earnings are less than twelve dollars and fifty cents per week, in which case he shall receive compensation in an amount equal to his average earnings. R.S. 1936, c. 312, s, 19; 1938, c. 67, s. 5; 1943, c. 72, s. 18.

Permanent partial disability.

Facial disfigurement.

Temporary total disability.

22. (1) Where permanent partial disability has resulted or results from the injury, the compensation shall be a periodical payment to the injured workman equal in amount to sixty-six and two-thirds per centum of the difference between the average earnings of the workman before the accident and the average amount which he is earning or is able to earn in some suitable employment or business after the accident, but where the Board has deemed or deems it more equitable the impairment of earning capacity may be estimated from the nature and degree of the injury having regard to the workman’s fitness to continue in the employment in which he was injured or to adapt himself to some other suitable employment or business, and the compensation shall be payable during the lifetime of the workman o r such other period as the Board may fix.

(2) Notwithstanding the provisions of subsection (1) , where in the circumstances the amount which the workman was able to earn before the accident has not been substantially diminished, the Board may, 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 a lump sum in compensation. R.S. 1936, c. 312, s. 20; 1938, c. 67, s. 6 ; 1943, c. 72, s. 19.

23. (1) Where temporary total disability results from the injury, the compensation shall be the same as that prescribed by section 21, but shall be payable only so long as the disability lasts.

Minimum tion of $12.50 compensa- per week.

(2) The compensation awarded under this section shall not be less than an amount equal to twelve dollars and fifty cents per week, unless the workman’s average earnings are less than twelve dollars and fifty cents per week, in which case he shall receive compensation in an amount equal to his average earnings. R.S. 1936, c. 312, s. 21; 1943, c. 72, s. 20.

Temporary partial 24. Where temporary partial disability results from the injury, the compensation shall be the same as that prescribed by subsection (1) of section 22, but shall be payable only so long as the disability lasts.

disability.

R.S. 1936, c. 312, s. 22.

Medical aid. 25. (1) In addition to the other compensation provided by this Par t , the Board shall have authority to furnish or provide for the injured workman such medical, surgical? hospital, and other treatment, transportation, nursing, medicines, crutches,


Emergency treatment.

Employera may be authorized to provide medical aid.

Approved plans of medical aid.

and apparatus, including artificial members, as it may deem reasonably necessary at the time of the injury, and thereafter during the disability to cure and relieve from the effects of the injury, and the Board shall have full power to adopt rules and regulations with respect to furnishing medical aid to injured workmen entitled thereto and for the payment thereof. The Board may make a daily allowance to an injured workman for his subsistence when, under its direction, he is undergoing treatment at a place other than the place wherein he resides; but such allowance shall not exceed three dollars and fifty cents per day. The power of the Board to make a daily allowance for subsistence under this section shall extend to any injured workman who is in receipt of compensation regardless of the date on which he first became entitled to compensation.

(2) Where in a case of emergency, or for other justifiable cause, a physician other than the one provided by the Board is called in to t reat the injured workman, and if the Board finds there was such justifiable cause and that the charge for the services is reasonable, the cost of the services shall be paid by the Board.

(3) The Board may in its discretion authorize employers to furnish or provide medical aid at the expense of the Board and upon terms fixed by it.

(4) Any plan for providing medical aid in force between an employer and his workmen or otherwise available to the workmen, and which in the opinion of the Board, after investigation of the facts, is found on the whole to be not less efficient in the interests both of the employer and of the general body of workmen than the provisions for medical aid contained in this section, may by order of the Board, subject to such conditions as the Board may require, be declared to be a plan approved by the Board. So long as the order of the Board approving of the plan is in force and unrevoked the provisions of subsections (l), (2) , and (3) of this section shall not apply to any of the workmen in any employment embraced in the plan, and during the like period the provisions of section 12 of the " Master and Servant Act " shall not apply in respect of any such workmen. Upon the making of the order approving a plan under this subsection, the employer shall from time to time deduct the amount of the monthly or other periodical payment settled by the plan from the moneys earned by the respective workmen, and shall pay the same forthwith to the person entitled thereto as settled by the plan or determined by the Board. Tf the employer fails, neglects, or refuses to make such deductions, or any of them, or to pay over the same to the person entitled thereto, the Board may sum- marily determine the amount in arrear, and may enforce pay-


Supervision of medical aid by h a r d .

Case of workmen employed on vessels.

Selection of physician.

Replacement of artificial member.

ment thereof from the employer as a debt due to the Board, and for that purpose the Board shall have the like powers and be entitled to the like remedies as i t possesses or is entitled to in respect of assessments. Upon recovery of the amount, the Board shall pay the same to the person entitled thereto.

(5) Medical aid furnished or provided under any of the preceding subsections of this section shall at all times be subject to the direction, supervision, and control of the Board; and the Board shall have full power and authority to contract with doctors, nurses, or other persons authorized to t reat human ail- ments, hospitals, and other institutions for any medical aid required, and t o agree on a scale of fees or remuneration for such medical aid ; and all questions as to the necessity, character, and sufficiency of any medical aid furnished or to be furnished shall be determined by the Board. The fees or remuneration for medical aid furnished under this Act shall not be more than would be properly and reasonably charged the workman if himself paying, and the amount thereof shall be fixed and determined by the Board, and no action for any amount larger than that fixed by the Board shall lie in respect of medical aid.

(6) In the case of any workman employed as a master, mate, engineer, seaman, sailor, steward, fireman, or in any other capacity on board of any vessel on which duty has been paid or is payable under Pa r t V of the “ Canada Shipping Act, 1934,” of the Dominion, the provisions of subsections (1) to (5) shall not apply to that workman during the period in respect of which such duty has been paid or is payable, but such workman shall be entitled to any additional medical aid provided under this section that is not furnished under the “ Canada Shipping Act, 1934.”

(7) Without in any way limiting the power of the Board under this section to supervise and provide for the furnishing of medical aid in every case where the Board is of the opinion that the exercise of such power is expedient, the Board shall under this section, in all cases where the circumstances, in the opinion of the Board, do not require the exercise of such power in order to procure prompt and efficient medical aid for the injured workman, permit medical aid to be administered, so f a r as the selection of a physician is concerned, by the physician who may be seIected or empIoyed by the injured workman or his employer, to the end that so f a r as possible all competent physicians without distinction may be employed and be available to injured workmen.

(8) The Board shall have authority to assume the expense of replacement and repair of dentures, eye-glasses, and artificial appliances, including artificial members broken as a result of an accident arising out of and in the course of the employment of the workman, if such breakage is accompanied by objective


Maintenance of firseaid appliances and service.

Average earnings.

Minors.

Deductions from compensation in certain caaee.

symptoms of personal injury, or otherwise corroborated.

1948, c. 108, ss. 16, 17.

26. Employers in any industry in which i t is deemed proper may be required by the Board to maintain, as may be directed by the Board, such first-aid appliances and service as the Board may direct, and the Board may make such order respecting the expense thereof as may be deemed just. Where any employer fails, neglects, or refuses to install such first-aid appliances and service as the Board directs under this section, the Board may install such first-aid appliances and service, and charge the cost thereof to the employer; and the Board may enforce payment thereof, and for that purpose shall have the same powers and be entitled to the same remedies for enforcing payment as i t possesses or is entitled to in respect of assessments. R.S. 1936, c. 312, s. 24.

27. (1) The average earnings and earning capacity of a workman shall be determined with reference to the average earnings and earning capacity at the time of the accident, and may be calculated upon the daily, weekly, or monthly wages or other regular remuneration which the workman was receiving at the time of the accident, or upon the average yearly earnings of the workman for one or more years prior to the accident, or upon the probable yearly earning capacity of the workman at the time of the accident as may appear to the Board best to represent the actual loss of earnings suffered by the workman by reason of the injury, but not so as in any case to exceed the rate of two thousand five hundred dollars per year: Provided that where owing to the shortness of time during which the workman was in the employment of his employer or in any employment or the casual nature of his employment or the terms of it, i t is inequitable to compute average earnings in the manner hereinbefore described in this subsection, regard may be had to the average, daily, weekly, or monthly amount which, as shown by the records of the Board, was being earned during the one or more years or other period previous to the accident by a person in the same or similar grade or class of employment.

(2) Where the workman was a t the date of the accident under twenty-one years of age, and i t 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 or earning capacity. R.S. 1936, c. 312, s. 25 ; 1943, c. 72, s. 23.

R.S. 1936, C. 312, S. 23; 1943, C. 72, SS. 21, 22; 1946, C. 80, SS. 12-14;

28. In fixing the amount of a periodical payment of compensation, regard shall be had to any payment, allowance, or benefit


which the workman may receive from his employer during the period of his disability, including any pension, gratuity, or other allowance provided wholly at the expense of the employer ; and any sum deducted under this section from the compensation otherwise payable may be paid to the employer out of the Accident Fund. R.S. 1936, c. 312, s. 26.

Payment of compensation.

Commutation of payments.

Commutation of payments on application.

Commutation of payments to alien dependents.

Classification of industries.

29. (1) Payments of compensation shall be made periodically a t such times and in such manner and form as the Board may deem advisable, and in the case of minors or persons of unsound mind, payments may be made to such persons as, in the opinion of the Board, a re best qualified in all the circumstances to administer the payments, whether or not the person to whom the payment is made is the legal guardian of the minor or person of unsound mind.

(2) The Board may, in its discretion:- ( a ) Commute the whole or any par t of the periodical pay-

ments due or payable to the injured workman or any dependent to one or more lump sum payments to be applied as directed by the Board; and may

( b ) Divide into periodical payments any compensation payable in a lump sum.

(3) In case of death or permanent total disability or in case of permanent partial disability where the impairment of the earning capacity of the workman exceeds ten per centum of his earning capacity at the time of the accident, no commutation of periodical payments shall be made under subsection (2) except upon the application of and a t an amount agreed to by the dependent or workman entitled to such payments.

(4) Notwithstanding the provisions of subsection (3 ) , the Board may, in its discretion, commute the periodical payments payable under clause ( f ) of subsection (2) of section 18 to dependents residing outside of the Dominion for a lump sum, and may apply that lump sum t o or for the use and benefit of those dependents in such manner as the Board may determine to be most fo r the advantage of the dependents. R.S. 1936, e. 312, s. 27; 1943, e. 72, s. 24.

Part I , Division ( 4 ) .-Accident Fund and Assessments .

30. For the purpose of assessment in order to create and maintain a fund, to be called the “Accident Fund,” for the payment of the compensation, outlays, and expenses under this Part, all industries within the scope of this P a r t shall, subject to sections 31 and 32, be divided into the following classes:-

Class 1.-Lumbering ; logging ; log-hauling ; operation of sawmills, shingle-mills, lath-milIs, planing-mills ; manu-


facture of sash and doors, veneer, plywood, wooden boxes, pulp and paper, and creosoting-works ; shingle staining and dipping :

Class 3.-CoaLmining and operation of coal-mining railways :

Class 4.-Mining (other than coal) ; reduction of ores and smelting ; assaying ; quarrying ; stone-crushing ; manufacture of brick, lime, or cement; operation of sand, shale, and gravel pits ; peat-processing ; manufacture of cement blocks, tiles, terra-cotta, stucco, and gypsum ; diamond-drilling :

Class 6.-Manufacture of cans, tinware, artificial ice, paint, cardboard boxes, shoes, leather, small metalware, soap, biscuits, confectionery, rubber mats, tires, belting, hose, and plastics ; porcelain enamelling ; manufacture of matches, trunks, bags, iron beds, bed-springs, and mattresses ; manufacture and handling of acetylene gas, oxygen gas, and propane gas; automobile and motor-cycle repairing, servicing, and storage or selling; bicycle-repairing ; service-stations ; armature-winding (small motors-no installation work) ; manufacture of wire fence and wire products ; bridge operation ; manufacture and repair of furs and leather goods, shoe- repairing ; dental laboratories ; industrial testing ; manufacture of peanut butter, spices, coffee, drugs, extracts, cosmetics, jewellery, and optical goods ; watch- repairing ; manufacture of stationery, starch, polish, glue, ink, upholstery, and lamp-shades ; carpet and linoleum laying ; manuf aeture and repair of vacuum- cleaners, typewriters, adding-machines, cash registers, radios, pianos, household electrical appliances, X-ray and physiotherapy equipment ; distribution and servicing of automatic music-machines ; picture-framing ; manufacture of small rubber goods; silver- and elec- troplating ; bevelling ; glass -works ; manufacture of plaster and clay ornaments and pots; collection and distillation of resinous products ; exterminating and fumigating; warehousing; installation and repair of bowling and billiard equipment ; cabinetmaking ; manufacture of furniture, excelsior, pails, tubs, abrasives, wooden coffins, staves, heads, artificial limbs, brooms, mops, wooden toys, spokes, sails, canvas-work, tents, awnings, ropes, twines, and wooden pipe ; cooperage ; carpenter-shop ; woodworking plants ; manufacture of tar, building and asphalt paper, asphalt roofing, asphalt shingles, pitch, charcoal, and arsenical products ; sin-


tering tungsten ; manufacture of coconut-oil ; construction of rowboats and canoes; operation of parks, amusement parks, cemeteries, horse-race courses, ice- rinks, roller-rinks, and bowling-alleys (other than municipal), dance-halls as a business ; manufacture of alcoholic and non-alcoholic beverages, sugar, food products not elsewhere specified, and cigars ; knitting-mills ; manufacture of cloth, clothing, hats, buttons, drapes, cushions, auto-bags, textiles, and carpets ; butcher- shops ; bakeries ; retail stores ; photo-taking or photo- printing shops ; private schools ; barber-shops ; hairdressing establishments and beauty-parlours ; steam baths ; auctioneering establishments ; billiard-parlours ; commercial buildings or apartment buildings where rooms, suites, or space is rented to a tenant; canning and packing of fruits, vegetables, and milk; manufacture of dairy products and ice-cream ; rice-milling ; cold-storage plants ; landscape or other gardening (exclusive of market-gardening) and horticultural nurseries ; cleaning, pressing, and dyeing ; laundries ; hospitals ; nursing-homes ; veterinary hospitals ; hotels or lodging-houses having ten or more bedrooms ; restaurants ; catering; private clubs ; trade-unions ; beer-parlours ; land-surveying ; flour-milling ; handling grain ; oil refining and distribution ; meat-packing houses ; stockyards ; tanneries ; printing, lithograph- ing, and engraving; golf clubs and baseball parks (other than municipal) ; motion-picture houses and other theatres ; trucking and hauling (exclusive of log- hauling) ; ice-harvesting and ice-delivery ; coal, sawdust, wood, retail lumber, and builders’ supply yards; operation of travelling wood-saw ; wholesaling :

CIass 7.-Construction, repair, and servicing of aeroplanes or lighter-than-air machines ; aerial testing or flying or demonstrating and aerial transportation and aerial advertising ; lathing, painting, and plastering; window-cleaning ; insulation of buildings ; building-construction, including non-industrial construction having a value of two thousand five hundred dollars or more; structural carpentry, masonry, reinforced concrete and excavation, erection of tanks and aerials ; installation and removal of boilers, engines, and machinery ; installation of marine elevators, iron stairs and ornamental- iron work ; construction of reservoirs, dams, and flumes ; oil-well drilling; dredging ; manufacture of stoves, furnaces, engines, boilers, guns, armaments,


structural steel, lead articles, babbitt, nuts, bolts, nails, and spikes ; machine-shops ; foundries ; blacksmith- shops ; acetylene and electric welding; saw manufacture and repair ; handling machinery and junk; plumbing and heating ; manufacture, installation, and repair of refrigerators not elsewhere specified ; sheet- metal construction, erection, repair, and manufacture ; tar-and-gravel or asphalted roofing ; installation and repair of elevators ; rust-proofing ; monument lettering and setting; stone dressing and cutting; sand-blasting ; electric wiring and armature-winding not elsewhere specified ; railway construction and demolition not elsewhere specified ; floor-laying, tile-setting, and terrazzo-work ; janitor service not elsewhere specified and floor-polishing and floor-waxing service ; rolling- mills ; marine-railway operation and dry-dock operation ; construction and repair of vessels not elsewhere specified ; ship-lining ; construction and repair of piers, wharves, or dry-docks ; pile-driving ; tunnelling and drilling ; construction of training-walls to deflect water ; well-drilling not elsewhere specified and well-digging; bridge-building ; road making and repairs ; land clearing and grading ; airport-construction ; surfacing of roads, runways, and sidewalks ; construction, operation, and maintenance of sewers, waterworks, and irrigation-works not elsewhere specified ; steam- cleaning of buildings ; steel-frame erection and repair ; moving of buildings ; demolition of buildings ; motion- picture production :

Class 8.-Construction and operation of electric railways, electric light and power plants, lines, and appliances, gasworks, telegraph and telephone systems ; auto- passenger transportation ; funeral undertaking ; broadcasting-stations :

Class 9.-Navigation ; stevedoring ; wharf operations ; marine salvage; canning and packing of fish; manufacture of fish oil and fertilizer; fishing and whaling; oyster-cultivation ; kelp-collection ; shipping operations not elsewhere specified :

Class 10.-Canadian Pacific Railway Company ; Canadian Pacific Steamships, Limited ; Esquimalt and Nanaimo Railway Company ; Kettle Valley Railway Company ; Canadian Pacific Express Company ; Consolidated Mining and Smelting Company of Canada, Limited ; West Kootenay Power and Light Company, Limited ; Canadian Pacific Air Lines, Limited ; the Pullman Corn-

WORKMEN’S COMPENSATION BOARD lNQUIRY R 389

pany ; Vancouver Hotel Company, Limited ; Canada Colonization Association ; Island Freight Service, Limited ; Mills Carriers, Limited ; Langara Golf Links ; and their contractors :

Class 11. - Member companies of the British Columbia Lumber and Shingle Manufacturers’ Association :

Class 12.-Canadian National Railway Company ; Canadian National Express Company ; Canadian Northern Rail- way Company ; Canadian Northern Pacific Railway Company ; Canadian National Telegraph Company ; Grand Trunk Pacific Railway Company ; Grand Trunk Pacific Development Company, Limited ; Canadian National Steamship Company, Limited ; Trans-Cadada Air Lines ; and their contractors :

Class 13.-The Crown in right of the Province and any permanent Board or Commission of the Crown in right of the Province :

Class 14.-Municipalities and municipal boards : Class 16.-Manufacture of explosives, fireworks, fuse, chem-

icals, or nitrogen products not elsewhere specified : Class 18.-The Great Northern Railway Company ; Railway

Express Agency (Incorporated) ; and their contractors : Class 20.-Northern Alberta Railway Company. R.S. 1936,

e. 312, s. 28; 1948, c. 108, s. 10.

31. (1) The Board may:- (a) Create new cIasses in addition t o those mentioned in

section 30: ( b ) Consolidate or rearrange from time to time any of the

existing classes ; and may ( c ) Withdraw from a class any industry or any part of

any class or sub-class included therein and transfer it wholly or in part t o any other class, o r form i t into a separate class.

(2) In case of any rearrangement of the classes, o r the withdrawal of an industry from any class, the Board may make such adjustment and disposition of the funds, reserves, and accounts of the classes affected as may be deemed just and expedient. R.S. 1936, c. 312, s. 29; 1943, e. 72, s. 25.

32. The Board shall assign every industry within the scope of this Part to its proper class; and where any industry includes several departments assignable to different classes, the Board may either assign such industry t o the class of its principal or chief department, or may, for the purpose of this Part, divide such industry into two or more departments, assigning each of such departments to its proper class. R.S. 1936, c. 312, s. 30.

Creation and rearrangement of classes.

Adjustment of class funds.

Every industry to be assigned to proper class.


Employer to furni estimates of pay-rolls.

Method of eom- poting pay-roll.

Non-compkmce with subscc. (1 1 an offence.

ish 33. (1) Every employer shall keep at all times at some place in the Province, of the location of which he has given notice to the Board, complete and accurate particulars of his pay-rolls, and shall whenever he becomes an employer within the meaning of this Par t , and at such other times as may be required by the regulations or by the Board, cause to be furnished to the Board an estimate of the probable amount of the pay-roll of each of his industries within the scope of this Part for the year next following, together with such further and other information as may be required by the Board ; and every employer shall, at or after the close of each calendar year,,and at such other times as may be required by the Board, furnish certified copies or reports of his pay-rolls, verified by statutory declaration ; and in case of failure, neglect, or refusal on the par t of the employer to furnish the estimate of the probable amount of his pay-roll, or the certified copies or reports of his pay-rolls, or the other information required by this subsection, the Board shall have power to make its own estimate of such pay-rolls, and to make its assessment and levy on that estimate, and the employer shall be bound thereby.

(2) In computing the amount of the pay-roll of any .industry for the purpose of assessment, regard shall be had only to such portion of the pay-roll as represents workmen and employment within the scope of this Par t ; and where the wages of any workman exceed two thousand five hundred dollars per year, a deduc- tion shall be made in respect of the excess.

(3) If an employer does not comply with the provisions of subsection (l), or if any statement made in pursuance of its provisions is not a true and accurate statement of any of the matters required to be set forth in it, the employer for every such non-compliance and for every such statement shall be guilty of an offence against this Part . R.S. 1936, c. 312, s. 31; 1943, c. 72, s. 26.

~ss - sments topro 34. (1) For the purpose of creating and maintaining an adequate Accident Fund, the Board shall every year assess and levy upon and collect from the employers in each class by an assessment or by assessments made from time to time rated upon the pay-roll, or in such other manner as the Board may deem proper, sufficient funds, according t o an estimate to be made by the Board:-

(a) To meet all amounts payable from the Accident Fund under this Part during the year:

( 6 ) To provide a reserve by way of a contingent fund in aid of industries or classes which may become depleted or extinguished :

vide Accident Fond.


(c) To provide in each year capitalized reserves sufficient to meet the periodical payments of compensation accruing in future years in respect of all accidents which occur during the year; and

( d ) To provide a reserve fund to be used to meet the loss arising from any disaster o r other circumstance which, in the opinion of the Board, would unfairly burden the employers in any class.

(2) Assessments may be made in such manner and form and by such procedure as the Board may deem adequate and expedient, and may be general as applicable to any class or sub-class, or special as applicable to any industry or part or department of an industry.

(3) Assessments may, wherever i t is deemed expedient, be collected in half-yearly, quarterly, or monthly instalments, or otherwise; and where i t appears that the funds in any class a re sufficient for the time being, any instalment may be abated or its collection deferred.

(4) The moneys necessary to provide compensation or additional compensation in respect of accidents may be levied and collected by the Board from the employers carrying on industries under the Act, without regard t o the date of the happening of the accident or the period during which the employer carried on in an industry under the Act, in such manner and at such time or times as the Board.may deem equitable; and such levy and collection may be by way of an addition to the usual assessments or by levy of special or additional assessment or assessments. (Altered.)

( 5 ) In case the estimated assessments in any class prove insufficient, the Board may make such further assessments and levies as may be necessary, or the Board may temporarily advance the amount of any deficiency out of any reserve provided for that purpose, and add such amount to any subsequent assessments. (6) The Board shall give notice to each employer of the

amount of each assessment due from time to time in respect of his industry and the time when the same is payable. The notice may be sent by post to the employer, and shall be deemed t o be given to him on the day on which the notice is mailed. (7) If for any reason an employer liable to assessment is not

assessed in any year he shall nevertheless be liable to pay to the Board the amount for which he should have been assessed, and payment of that amount may be enforced in the same manner as the payment of an assessment may be enforced. R.S. 1936, c. 312, s. 32; 1943, c. 72, ss. 27, 28; 1946, c. 80, s. 15; 1948, c. 108, 9. 11.

Assessments, how made.

Assessments. when collected.

Addition to usual assessments.

Additional assessmenta.

Notice of assessmenb.

Continuing liability in case of omission to assess.

R 392

‘‘ Silicosis Fund.”

Assessments to provide Silicosis Fund.

Deferred asseasmenta.

Provisions applicable.

Classification of rates.

Power of Board to bring other industries within provisions. ~.

BRITISH COLUMBIA

35. (1) Notwithstanding anything contained in this Act, the Board is hereby authorized to provide a separate fund, which shall be known as the “ Silicosis Fund.” (2) For the purpose of creating and maintaining the Silicosis

Fund the Board shall every year assess and levy upon and collect from the employers in the metalliferous-mining and the coal- mining industries, and in such other industries and occupations as the Board may determine that there is a liability for payment of compensation for silicosis, by an assessment or by assessments made from time to time rated upon the pay-roll, or in such other manner as the Board may deem proper, sufficient funds, according to an estimate or estimates to be made by the Board :-

( a ) To meet all amounts payable from the Silicosis Fund during the year:

( b ) To provide capitalized reserves sufficient to meet the periodical payments of compensation accruing in future years in respect of claims from silicosis allowed during the year; and

( c ) To defray the expense of administering the silicosis provisions herein.

(3) In the event that the said estimate or estimates prove insufficient for the purposes of this section in any year, the deficiency in the Silicosis Fund may be collected by assessments in any subsequent year or years. Should the Board so determine, the collection of a portion of such compensation cost may be spread over a number of years.

(4) For the purpose of making and collecting the assessments for the Silicosis Fund, all the provisions of Part I relating to the making and collection of assessments shall apply.

( 5 ) The Board may establish such sub-classifications, differ- entials, and proportions in the rates as between the different kinds of employment in which silicosis is an industrial disease as may be deemed just ; and where, in the opinion of the Board, any particular mine, plant, or occupation is shown to be so circumstanced or conducted that the silicosis cost or hazard differs from the average of the class or sub-class to which the mine, plant, or occupation is assigned, the Board may confer or impose upon tha t mine, plant, or occupation a special rate, differential, or assessment to correspond with the relative silicosis cost or hazard of that mine, plant, or occupation ; and for tha t purpose may adopt a system of experience rating o r schedule rating, or a combination of those systems, in such manner as to take account of the peculiar silicosis cost or hazard of the individual mine, plant, or occupation of each employer.

(6) The Board shall have authority to bring within the silicosis provisions of this Act such other industries or occunationa


as it may from time to time determine, and upon such conditions as are applicable to workmen employed in the metalliferous- mining industry, and generally to prescribe such other requirements as it may deem advisable. R.S. 1936, c. 312, s. 33; 1943, c. 72, s. 29; 1948, c. 108, s. 12.

Contribution from Province to Accident Fund.

Classification of rates.

Temporary industries.

Default constituted an offence.

36. To assist in defraying the expenses incurred in the administration of this Part , such annual sum as the Lieutenant-Gover- nor in Council may direct, not exceeding fifty thousand dollars, shall be paid out of the ConsoIidated Revenue Fund t o the Board to form part of the Accident Fund. R.S. 1936, c. 312, s. 35.

37. The Board shall establish such sub-classifications, differ- entials, and proportions in the rates as between the different kinds of employment in the same class as may be deemed just; and where in the opinion of the Board any particular industry or plant is shown to be so circumstanced or conducted that the accident cost o r hazard differs from the average of the class or sub-class to which the industry or plant is assigned, the Board shall confer or impose upon that industry or plant a special rate, differential, or assessment to correspond with the relative accident cost or hazard of that industry or plant; and for that purpose may adopt a system of experience rating or schedule rating, or a combination of those systems, in such a manner as t o take account of the peculiar accident cost or hazard of the individual plant or undertaking of each employer. R.S. 1936, c. 312, s. 36.

38. (1) Where an employer engages in any of the industries within the scope of this Pa r t and has not been assessed in respect of it, the Board, if it is of opinion that the industry is t o be carried on only temporarily, may require the employer to pay or to give security for the payment to the Board of a sum sufficient to pay the assessment for which the employer would be liable if the industry had been in existence when the last preceding assessment was made.

(2) Every employer who makes default in complying with any requirement of the Board under subsection (1) shall be guilty of an offence against this Part . R.S. 1936, c. 312, s. 37.

Coll=tionofans=- 39. (1) If any assessment or part thereof is not duly paid in accordance with the terms of the assessment and levy, the Board shall have a right of action against the defaulting employer in respect of the amount unpaid, together with costs of the action.

(2) Where default is made in the payment of any assessment, or any part of it, the Board may issue its certificate stating that the assessment was made, the amount remaining unpaid on

ments by suit.

Summanproceeding without suit

13


account of it, and the person by whom it was payable, and such certificate, or a copy of it certified by the Secretary under the seal of the Board to be a true copy, may be filed with any District Registrar of the Supreme Court, or with the Registrar of any County Court, and when so filed shall become an order of that Court and may be enforced as a judgment of the Court against such person for the amount mentioned in the certificate. R.S. 1936, c. 312, s. 38.

Powertorestrain

i n d ~ t r y where

ilefnnlt.

40. Where an employer makes default in the payment of an assessment, and an execution issued upon a judgment entered with respect to the assessment is returned with a certificate from a Sheriff o r his deputy that he was unable wholly to satisfy the same, and where the judgment debtor continues to carry on an industry within the scope of this Par t in which workmen a r e employed, any Judge of the Supreme Court, upon an application made on behalf of the Board by motion in Chambers, without the issue of any writ or the commencement of any action, may restrain the judgment debtor from carrying on any industry within the scope of this Part until the amount due on the execution, and all assessments made by the Board, and the costs of the application are paid.

currying-on of

nssessments in

R.S. 1936, e. 312, s. 39.

Moneyscontribiited 41. All moneys in the hands of the Board for the purpose of paying the cost of medical aid and all moneys hereafter collected for the medical aid fund shall, as and when required to pay the cost of medical aid with respect to accidents without regard to the date of the happening of the accident, be transferred or credited t o the several classes in which the employers were assessed, and all accounts for medical aid rendered or to be rendered shall be paid out of the class funds in the same manner as the other compensation provided under this Part . R.S. 1936, e. 312, s. 40; 1946, e. 80, s. 17 (altered).

tnwnrds medical aid.

Penalty for default 42. (1) If any assessment levied under any provision of this assessments. Part is not paid at the time when it becomes payable, the

defaulting employer shall be liable to pay and shall pay as a penalty for his default such a percentage upon the amount unpaid as may be prescribed by the regulations or may be determined by the Board, and the penalty shall be added to the amount of the assessment and become a part thereof.

(2) Any employer who refuses or neglects to make or transmit any pay-roll return or other statement required to be furnished by him under the provisions of subsection (1) of section 33, or who refuses o r neglects t o pay any assessment, or the provisional amount of any assessment, or any instalment

in payment of

enpitalized Liabilitv to value pay of theeo.mpensation nreniing.


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 in 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.

(3) The Board, if satisfied that such default was excusable, may in any case relieve the employer in whole or in part from liability under this section. R.S. 1936, c. 312, s. 41; 1946, e. 80, s. 18.

43. Where an accident causing injury to a workman in respect

Boardmayrelieve from penalty.

where accident due to his failure to comply with regulations.

Separate accounts to be kept for each class.

Interest on deficits in class funds.

Annual adjustment of assessments.

of which compensation is payable has occurred, and where, in the opinion of the Board, the accident was due entirely to the gross negligence of the employer o r to the failure of the employer to adopt reasonable means for the prevention of accidents or to comply with the directions of the Board, or with the regulations made under this Part , the Board may levy and collect from the employer as a contribution to the Accident Fund the amount of the compensation payable in respect of the injury, and not exceeding in any case three hundred dollars, and the payment of such sum may be enforced in the same manner as the payment of an assessment may be enforced. R.S. 1936, e. 312, s. 42; 1943, e. 72, s. 31.

44. (1) Separate accounts shall be kept of t h e amounts colIected and expended in respect of each class and of each fund set aside by way of reserve or as a special fund for any purpose, but for the purpose of paying compensation the Accident Fund shall, nevertheless, be deemed one and indivisible.

(2) If a deficit occurs in the fund of any class or sub-class, the Board may charge to that class or sub-class interest on the amount of the deficit at such rate as will reimburse the Accident Fund for any loss sustained by reason of the deficit, and may apportion the amount of the interest received and credit the same to the class or sub-class funds or other fund from which moneys were advanced to meet the deficit. R.S. 1936, e. 312, s. 43.

45. (1) As soon as practicable in each year the amount of the assessment for the preceding calendar year shall be adjusted upon the estimated requirements of the class and upon the correctly ascertained pay-roI1 of each industry, and the employer shall forthwith make up and pay to the Board any deficiency, or the Board, shall refund to the employer any surplus, or credit the same upon the succeeding assessment as the case may require. Where the ascertained pay-roll exceeds the estimate thereof on which the employer was assessed, the Board may on the adjust-


ment charge to that employer interest on the amount of the defitiency in the assessment at such rate as in its opinion will reimburse the Accident Fund for any loss sustained by reason of the deficiency ; and the interest shall be added to the amount of the deficiency, and shall become a part thereof.

(2) Where in any industry a change of ownership or employership has occurred, the Board may levy any part of such deficiency on either or any of the successive owners or employers, or pay or credit to any one or more of the owners such surplus as the case may require, but as between or amongst the successive owners the assessments in respect of such employment shall, in the absence of an agreement between the respective owners or employers determining the same, be apportionable, as nearly as may be, in accordance with the proportions of the pay-rolls of the respective periods of ownership or employership. R.S. 1936, e. 312, s. 44; 1943, e. 72, s. 32.

Adjustment in case of change of ownership.

Collection of assessments from contractors.

Contractor and person for whom work done both made liable.

Contractor and sub-contractor both made liable.

Workmen of unassessed contractor in an industry deemed workmen of person carrying on the industry.

443. Where any work within the scope of this Part is performed under contract for any municipal corporation, or for any board or commission having the management of any work or service operated for a municipal corporation, any assessment in respect of the work may be paid by the corporation, board, or commission, as the case may be, and the amount of the assessment may be deducted from any moneys due the contractor in respect of the work. R.S. 1936, e. 312, s. 45.

47. (1) Where any work within the scope of this Part is undertaken for any person by a contractor, both the contractor and the person for whom the work is undertaken shall be liable for the amount of any assessment in respect thereof, and the assessment may be levied upon and collected from either of them, or partly from one and partly from the other: but in the absence of any term in the contract to the contrary the contractor shall, as between himself and the person for whom the work is performed, be primarily liable fo r the amount of the assessment.

(2) Where any work within the scope of this Part is performed under sub-contract, both the contractor and the sub- contractor shall be liable for the amount of the assessments in respect of the work; and the assessments may be levied upon and collected from either, or partly from one and partly from the other ; but in the absence of any term in the sub-contract to the contrary the sub-contractor shall, as between himself and the contractor, be primarily liable for the assessments.

(3) Where any contractor or sub-contractor who is executing any work in or for the purposes of an industry within the scope of this Part carried on by another person (in this subsection referred to as the " principal ") is not assessed with resDect tn


the work so executed, the workmen of the contractor or sub- contractor may in the discretion of the Board be deemed workmen of the principal with respect to the industry so carried on by him.

48. Notwithstanding anything contained in any other Act, the amount due to the Board by an employer upon any assessment made under this Act, or in respect of any amount which the employer is required to pay t o the Board under any of its provisions, or upon any judgment therefor, shall constitute a lien in favour of the Board payable in priority over all liens, charges, or mortgages of every person, whenever created or to be created, with respect to the property, real, personal, or mixed, used in or in connection with or produced in or by the industry with respect to which the employer was assessed or the amount became payable, excepting liens for wages due to workmen by their employer, and such lien for the amount due the Board shall be valid and in force with respect to each assessment for a period of three years from the end of the calendar year for which the assessment was levied. R.S. 1936, c. 312, s. 47; 1943, c. 72, s. 33.

Part I , Division (5) .-Procedure and Miscellaneous.

49. (1) In every case of injury to a workman by accident in any industry within the scope of this Part, i t shall be the duty of the workman, or in case of his death the duty of a dependent, as soon as practicable after the happening of the accident, to give notice thereof to the employer. The notice shall be in writing and contain the name and address of the workman, and state in ordinary language the nature and cause of the injury and the time when and place where the accident occurred, and shall he signed by the injured workman or some person on his behalf, or, in case of death, by any one or more of his dependents or by a person on their behalf.

(2) In the case of an industrial disease, the employer to whom notice of death, disablement, or suspension from employment is to be given shall be the employer who last employed the workman in the employment to the nature of which the disease was due.

(3) The notice may be served upon the employer, or upon any one employer if there are more employers than one, or upon any officer or agent of the corporation if the employer is a corporation, or upon any agent of the employer in charge of the business in the place where the injury occurred, by delivering the same t o the person upon whom it is t o be served, or leaving it at his residence or place of business, or by sending i t by registered mail addressed t o him at his last-known residence or place of business. (4) The failure to give any notice required by virtue of this

section, unless excused by the Board either on the ground:-

R.S. 1936, c. 312, s. 46. Priority as to amounts due to Board.

Workman or dependent to give notice of accident.

In case of indue trial disease.

Service of notice.

Effect of failure to give notice.

14


Employer to report accident.

Further reports.

Failure to report constituted an offence.

Workman or dependent to file claim.

Claim to be filed within one year.

(a) That notice for some sufficient reason could not have been given; or

( b ) That the employer or his superintendent or agent in charge of the work where the accident happened had knowledge of the injury; or

( e ) That the Board is of opinion that the claim is a just one and ought to be allowed,-

shall be a bar to any claim for compensation under this Part. R.S. 1936, c. 312, s. 48.

50. (1) In case an accident is sustained or is claimed to have been sustained by a workman in his employment, i t shall be the duty of every employer, within three days after its occurrence, to report the accident and the injury resulting therefrom to the Board, and also to any local representative of the Board at the p?ace where the accident occurred. The report shall be in writing, and shall state on the form prescribed by the Board:-

(a ) The name and address of the workman and the nature of the industry in which he was employed:

( b ) The time when and place where the accident occurred: ( c ) The cause and nature of the accident and injury: ( d ) The name and address of the physician by whom the

workman was or is attended for the injury; and ( e ) Any other particulars required by the regulations;

and may be made by mailing copies thereof addressed to the Board and to the local representative a t their usual addresses respectively. (2) It shall be the duty of the employer to make such further

and other reports respecting the accident and workman as may be required by the Board.

(3) The failure to make any report required by virtue of this section, unless excused by the Board on the ground that the report for some sufficient reason could not have been made, shall constitute a n offence against this Part. R.S. 1936, c. 312, s. 49; 1948, c. 108, ss. 13, 14.

51. (1) Where a workman or dependent is entitled to compensation under this Part , he shall file with the Board an application for the compensation, together with the certificate of the physician who attended the workman (if any), and such further or other proofs of his claim as may be required by the regulations or by the Board.

(2) Unless application for the compensation is filed:- (a) Within one year after the day upon which the injury

( b ) In case the applicant is a dependent, then within one occurred; or

year after the death,-


no compensation in respect of any injury shall be payable under this Part.

(3) Notwithstanding anything contained in this section the Board may, on proof of the accident and injury to a workman being filed within three years from the date of its occurrence, pay the compensation provided under this Part , if in the opinion of the Board the claim is a just one and ought to be allowed.

Inability to file claim (4) Notwithstanding anything contained in this Act the Board may, in case the dependent is unable by reason of war conditions to file an application for compensation within the period prescribed by this Act, extend such period for one year from the date upon which such dependent could, in the opinion of the Board, make such application. R.S. 1936, e. 312, s. 50; 1943, e. 72, s. 34; 1946, e. 80, s. 19.

52. It shall be the duty of every physician attending or con- sulted upon any case of injury t o a workman by accident or alleged case of injury to a workman by accident in any industry within the scope of this Pa r t :-

(a ) To furnish from time to time such reports in respect of the injury in such form as may be required by the regulations or by the Board, but the first medical report shall be furnished to the Board within three days after the date of his first attendance upon the workman and thereafter at intervals of not greater than thirty days during the period the workman is unable to work as a result of his injuries; and

( b ) To furnish a final medical report within three days after the workman is, in the opinion of the physician, able to resume work; and

( c ) If the physician be a specialist whose opinion is requested by the attending physician, the workman, or the Board, the medical report of the specialist shall be furnished to the Board within three days after the date of his last attendance on the workman, but if the specialist is regularly treating the workman the reports of the specialist shall be furnished as required in the preceding clauses of this section; and

( d ) To give all reasonable and necessary information, advice, and assistance to the injured workman and his dependents in making application for compensation, and in furnishing in connection therewith such certificates and proofs as may be required, without charge to the workman.

Power t o pay claims

years. filed within three

due to war conditions.

Dutyofphysician.

R.S. 1936, e. 312, s. 51; 1946, e. 80, s. 20.

53. (1) Every workman who applies for or is in receipt of compensation under this Part, if requested by the Board, shall

Workmantosubmit to examination.


Effect of refusal of medical treatment.

Proof as to dependents.

Province liable for safekeeping of Accident Fund.

Current disbursements.

Investment of snrplus.

submit himself to medical examination in accordance with the regulations at a place reasonably convenient for the workman to be fixed by the Board. If the workman fails to submit himself to the examination, or obstructs the same, his right to compensation shall be suspended until the examination has taken place, and no compensation shall be payable during the period of the suspension.

(2) If an injured workman persists in unsanitary or injurious practices which tend to imperil or retard his recovery, or refuses to submit to such medical or surgical treatment as in the opinion of the Board, based upon independent expert medical or surgical advice, is reasonably essential to promote his recovery, the Board may, in its discretion, reduce or suspend the compensation of that workman. R.S. 1936, c. 312, s. 52.

54. The Board may from time to time require such proof of the existence and condition of any dependents in receipt of compensation payments as may be deemed necessary by the Board, and pending the receipt of such proof may withhold further payments. R.S. 1936, c. 312, s. 53.

55. (1) Subject to subsections (2) and (31, the Minister of Finance shall be custodian of all moneys and securities belonging to the Accident Fund, and the Province shall be liable for the safe-keeping thereof. All moneys belonging to the Accident Fund collected or received by the Board shall be delivered to the Minister of Finance, or may be deposited to his credit in such banks throughout the Province as he may designate, and all moneys so delivered or deposited shall be credited by the Minister of Finance to the Accident Fund, and shall be accounted for as part of the Consolidated Revenue Fund of the Province. No moneys collected or received on account of the Accident Fund shall be expended or paid out without first passing into the Provincial Treasury and being drawn therefrom as provided in this Part . In like manner all securities belonging to the Accident Fund shall be delivered to the Minister of Finance and held by him until otherwise disposed of for the purposes of this Part.

(2) The Board shall submit each month to the Comptroller- General an estimate of the amount necessary to meet the current disbursements from the Accident Fund during the succeeding calendar month, and, when the estimate is approved by the Comptroller-General, the Minister of Finance is directed to pay the amount thereof to the Board. At the end of each calendar month the Board shall account to the Comptroller-General for all moneys so received, furnishing proper vouchers therefor.

(3) The Board shall cause all moneys in the Accident Fund in excess of current requirements to be invested and reinvested


Investments to be in joint names of Board and the Minister of Finance.

Interest on moneys on hand.

Audit of accounts.

Annual report.

Report to be laid before Legialature.

Board to publish and distribute information.

in any securities which a re under the “ Trustee Act ” a proper investment for trust funds, or in securities of the Greater Vancouver Water District. The Board shall from time to time submit to the Comptroller-General an estimate of the amount required by i t for investment, which estimate shall be accompanied by a full description of the kind and character of the investments proposed to be made, and, when the estimate and investments are approved by the Comptroller-General and by the Minister of Finance, the Minister of Finance is directed to pay out the amount thereof for the purpose of such investments. At the end of each calendar month the Board shall account to the Comptroller-General for all moneys so invested, furnishing proper vouchers therefor. (4) All investments shall be made in the names of the Board

and the Minister of Finance jointly, and all interest on investments shall be payable t o the Board and form part of the Accident Fund.

(5) Interest on all moneys belonging to the Accident Fund in the custody of the Minister of Finance in excess of current requirements and not invested shall, subject to the certificate of the Comptroller-General, be paid by the Minister of Finance to the Board at a rate not less than that allowed by the bank in which such moneys are deposited, and such interest shall form part of the Accident Fund. R.S. 1936, c. 312, s. 54; 1943, c. 72, s. 35.

56. The accounts of the B o a r d shall be a u d i t e d by the Comptroller-General or by an auditor a p p o i n t e d 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. For the purpose of any audit under this section, the Lieutenant-Governor in Council may appoint a competent person to make an actuarial valuation of the assets and liabilities of the Accident Fund, and to report thereon; and the salary or remuneration of that person shaII be paid by the Board. R.S. 1936, c. 312, s. 55.

.

57. (1) The Board shall, on or before the first day of March in each year, make a report to the Lieutenant-Governor of its transactions during the last preceding calendar year, and the report shall contain such particulars as the Lieutenant-Governor in Council may prescribe.

(2) Every report shall be forthwith laid before the Legisla- ture if the Legislature is then in session, and if i t is not then in session, within fifteen days after the opening of the next session.

(3) It shall be the duty of the Board from time t o time to publish and distribute among employers and workmen such


general information in respect of the business transacted by the Board as in its judgment may be useful. R.S. 1936, c. 312, s. 56.

(a) To investigate from time to time employments and places of employment within the Province, and determine what suitable safety devices or other reasonable means or requirements for the prevention of accidents shall be adopted or followed in any or all employments or places of employment :

( b ) To determine what suitable devices or other reasonable means or requirements for the prevention of industrial diseases shall be adopted or followed in any or all employments or places of employment :

( c ) To make rules and regulations, whether of general or special application, and which may apply to both employers and workmen, for the prevention of accidents and the prevention of industrial diseases in employments or places of employment :

( a ) To establish and maintain museums in which shall be exhibited safety devices, safeguards, and other means and methods for the protection of the life, health, and safety of workmen, and to publish and distribute bulletins on any phase of the subject of accident-prevention :

( e ) To cause lectures to be delivered, illustrated by stere- opticon or other views, diagrams, or pictures, for the information of employers and their workmen and the general public in regard to first aid and in regard to the causes and prevention of industrial accidents, industrial diseases, and related subjects :

( f ) To appoint advisory committees, on which employers and workmen shall be represented, to assist the Board in establishing reasonable standards of safety in employments, and to recommend rules and regulations :

( 9 ) To charge any class, sub-class, or employer with the cost of any expenditure made under this Act for the benefit of that class, sub-class, or employer, including the cost of investigations, inspections, and other services rendered for the prevention of accidents.

(2) Before the adoption of any rule o r regulation by the Board under this section a public hearing shall be held for the purpose of considering the same. Not less than ten days before the hearing a notice thereof shall be published in at least three newspapers, of which one shall be published in the City of Victoria and one in the City of Vancouver. No defect or inaccu- racy in the notice or in the publication thereof shall invalidate any rule or regulation made by the Board.

Accident- 58. (1) The Board shall have power:- prevention.

safety Public rules. hearings on


(3) The Board and any member of it, and any officer or person authorized by i t for that purpose, shall have the right a t all reasonable hours t o enter into the establishment of any employer who is liable to contribute to the Accident Fund and the premises connected with it, .and every part of them, for the purpose of ascertaining whether the ways, works, machinery, or appliances therein are safe, adequate, and sufficient, and whether all proper precautions are taken for the prevention of accidents to the workmen employed in o r about the establishment or premises, and whether the safety appliances or safeguards prescribed by law are used and employed therein, or for any other purpose which the Board may deem necessary, including the purpose of determining the proportion in which the employer should contribute to the Accident Fund.

(4) Every person who obstructs o r interferes with any Com- missioner, officer, or person in the exercise of the rights conferred by subsection (3) shall be guilty of an offence against this Part. R.S. 1936, e. 312, s. 57; 1948, c. 108, s. 15.

Powef. to inspect premises.

Obstruction an offence.

Power of Board to order installation of safety devices.

i

Power of Board to order industry closed down.

Penalty for non- compliance with order.

59. (1) Where in any employment or place of employment safety devices or appliances are in the opinion of the Board necessary for the prevention of accidents or of industrial diseases, the Board may order the installation or adoption of such devices and appliances, and may fix a reasonable time within which they shall be installed or adopted, and the Board shall give notice thereof to the employer. The employer shall notify the Board in writing as soon as any such order has been complied with.

(2) Where safety devices o r appliances are by order of the Board under this section required to be installed or adopted, or are prescribed by the regulations, and the employer fails, neglects, or refuses to install and adopt such safety devices or appliances in any employment or place of employment in accordance with the terms of the order or regulations and to the satisfaction of the Board, o r where under the circumstances the Board is of opinion that conditions of immediate danger exist in any employment or place of employment which would otherwise be likely to result in the loss of life or serious injury to the workmen employed therein, the Board may, in i ts discretion, order the employer to forthwith close down the whole or any part of the employment or place of employment and the industry carried on therein, and the Board shall notify the employer of the order.

(3) Every employer who fails, neglects, or refuses to comply with any order made by the Board under subsection (2) shall be guilty of an offence against this Part, and each day’s continuance


of any such failure, neglect, or refusal to comply shall constitute a new and distinct offence. R.S. 1936, c. 312, s. 58; 1943, c. 72, s. 36.

h = = r w ~ ~ i r e d f o r 60. (1) No employer shall, for the purpose of any industry whichhasbeen within the scope of this Part, commence the operation of or

operate or carry on any mine, plant, or establishment, or any substantial addition thereto, which has not been in operation for the period of seven months last preceding, and in which power- driven machinery is used, until leave therefor is obtained from the Board as provided in this section.

(2) Application for leave under this section shall be made to the Board in writing, signed by the employer, and stating that the mine, plant, or establishment, or any substantial addition thereto, is ready for operation. Upon receipt of the application, the Board or some member of the Board, or some other person appointed by the Board, shall make an inspection of the mine, plant, or establishment, or any substantial addition thereto, and if on such inspection the mine, plant, or establishment, or any substantial addition thereto, is found to be reasonably free from danger to persons employed therein, the Board shall grant leave for the operation of the mine, plant, or establishment, or any substantial addition thereto. Pending inspection, the Board may, by a temporary permit, grant leave to the employer fo r the operation of the mine, plant, or establishment, or any substantial addition thereto.

(3) Every person who operates or carries on any mine, plant, or establishment, or any substantial addition thereto, in contravention of the provisions of this section shall be liable to a penalty of not less than fifty dollars and not more than two hundred dollars for each day on which the mine, plant, or establishment, or any substantial addition thereto, is so operated or carried on. R.S. 1936, c. 312, s. 59; 1943, c. 72, s. 37.

operation of plant

closed down.

Inspection.

Penalty.

Regulations. 61. (1) In addition to all other rules and regulations which may be made under the provisions of this Part , the Board may make such regulations as may be deemed requisite for the due administration and carrying-out of the provisions of this Part, and may likewise prescribe the form and use of such pay-rolls, records, reports, certificates, declarations, and documents as may be requisite.

(2) The Board may by regulations provide penalties to which every person who contravenes any rule or regulation made under this Part shall be liable, provided that in no case shall the penalty exceed fifty dollars, and no prosecution for any such contravention shall be instituted without leave of the Board. R.S. 1936, c. 312, s. 60.

Penalties forbreach of regulations.


62. Every rule or regulation made by the Board under this Part shall upon its adoption be published in the Gazette, and shall take effect on the expiration of thirty days after the first publication in the Gazette, or a t such other time not more than three months earlier as the Board may fix. R.S. 1936, C. 312, s. 61 ; 1943, c. 72, s. 38.

63. Every person who is guilty of an offence against this Part shall be liable to a penalty not exceeding five hundred dollars. R.S. 1936, c. 312, s. 62.

64. The penalties imposed by or under the authority of this Part shall be recoverable under the “ Summary Convictions Act ” or by an action brought by the Board in any Court of competent jurisdiction, and such penalties when collected shall be paid over to the Board and shall form part of the Accident Fund. R.S. 1936, c. 312, s. 63.

Part I , Division (6).-Workmen’s Compensation Board.

65. The Commission constituted for the administration of this Part, called the “ Workmen’s Compensation Board,” shaIl exist and continue as a body corporate, and shall consist of three members to be appointed by the Lieutenant-Governor in Council. R.S. 1936, c. 312, s. 64.

66. (I) All appointments of members of the Board subsequent to the first appointments shall be for a term of ten years. A Commissioner may be removed at any time for cause or upon reaching the age of seventy years.

(2) A Commissioner on the expiration of his term of office shall be eligible for reappointment. R.S. 1936, c. 312, s. 65.

67. (1) One of the Commissioners shall be appointed by the Lieutenant-Governor in Council t o be the Chairman of the Board, and he shall hold that office while he remains a member of the Board.

(2) In the absence of the Chairman or in case of his inability to act, or if there is a vacancy in the office, any other Commis- sioner may act as Chairman.

(3) Where a Commissioner appears to have acted for or instead of the Chairman, i t shall be conclusively presumed that he so acted for one of the reasons mentioned in subsection (2). R.S. 1936, c. 312, s. 66.

68. (1) In the case of the illness or absence from the Province of a Commissioner or of his inability to act f rom any cause, 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.

Publication of regulations.

Penalties generally.

Recovery of penalties.

The ‘‘ Workmen’a Compensation Board.”

Term of office.

ReaDpointment.

Chairman.

Absence of Chairman.

Presumption.

Appointment pro tempore.


Application of subsec. (1).

Commissioners to give whole time to duties.

Salaries.

Disqusli5cation.

Disposal of interest.

Principal otece of Board.

Quorum.

Vacancies.

Proceedings of Board.

(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. R.S. 1936, c. 312, s. 67.

69. (1) Each Commissioner shall devote the whole of his time to the performance of his duties under this Part .

(2) The salaries of the Commissioners shall be payable out of the Accident Fund, and, subject to the provisions of this subsection, shall be fixed by the Lieutenant-Governor in Council. The salary of the Chairman shall be not less than six thousand dollars nor more than seven thousand five hundred dollars per annum, and the salary of each of the other Commissioners shall be not less than five thousand dollars nor more than six thousand dollars per annum. R.S. 1936, e. 312, s. 68; 1943, e. 72, s. 39.

70. (1) A Commissioner shall not, directly or indirectly:- ( 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 ) Have any interest in any device, machine, appliance, patented 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. R.S. 1936, e. 312, s. 69.

71. (1) The Board shall maintain its principal office at such place in the Province as in the opinion of the Board, based on considerations of economy in administration and the prompt discharge of its duties, is best adapted for the purpose; and the sittings of the Board shall be held a t the principal office, except when i t is deemed expedient to hold sittings elsewhere, and in that case sittings may be held in any part of the Province. For the purpose of its administration the Board may, subject to the approval of the Lieutenant-Governor in Council, acquire, either by purchase or otherwise, such real property as it may deem necessary and may, with the like approval, sell or otherwise dispose of any such property.

(2) The presence of two Commissioners shall be necessary to constitute a quorum of the Board.

(3) A vacancy in the membership of the Board shall not, if there remain two members of it, impair the authority of the two remaining members to act.

(4) The Board shall sit at such times and conduct its proceedings in such manner as i t may deem most convenient for the


Appointment of officers.

Tenure of office.

Superannuation Fund for employees of Board.

proper discharge and speedy dispatch of business. c. 312, s. 70; 1943, e. 72, s. 40.

R.S. 1936,

72. (1) The Board shall appoint a Secretary and a Chief Medical Officer, and may appoint such auditors, actuaries, accountants, inspectors, physicians, officers, clerks, and servants as the Board may deem necessary for carrying out the provisions of this Par t , and may prescribe their duties and, subject to the approval of the Lieutenant-Governor in Council, may fix their salaries.

(2) Every person so appointed shall hold office during the pleasure of the Board, and his salary shall be paid out of the Accident Fund.

(3) The Board, subject t o the approval of the Lieutenant- Governor in Council, may establish and maintain a fund, to be known as the “ Superannuation Fund,” for the payment of superannuation allowances to its employees or of allowances upon the disability or death of its employees, by contributions from the employees of the Board and from the Accident Fund; and, subject to the like approval, may determine the amounts of superannuation or other allowances and the conditions upon which they may be paid and the persons to whom they may be paid; and the Board, subject to the like approval, may use the Super- annuation Fund t o purchase superannuation allowances for its employees from the Crown in right of the Dominion, or from the Crown in right of the Province, or from an insurance company or companies. The costs of administering the Superannuation Fund shall be part of the cost of the administration of the Act.

be Members deemed of employees. Board to (4) For the purposes of subsection (3) “ employees ” includes R.S. 1936, e. 312, s. 71 ; 1939, e. 65, the members of the Board.

s. 3 ; 1943, e. 72, s. 41.

Powers of Board. 73. (1) The Board shall have the like powers as the Supreme Court for compelling the attendance of witnesses and of examin- ing them under oath, and compelling the production and inspection of books, papers, documents, and things.

(2) The Board may cause depositions of witnesses residing within or without the Province to be taken before any person appointed by the Board in a similar manner to tha t prescribed by the Rules of the Supreme Court for the taking of like depositions in that Court before a Commissioner. R.S. 1936, c. 312, s. 72.

Depositions witnesses. of

Boardmayactupon 74. (1) The Board may act upon the report of any of its officers, and any inquiry which i t is deemed necessary 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,

report of officers.


O5cers to have ,powers of Board.

Examination of employer’s books.

OWcer may take declarations.

Obstruction an offence.

Information not to be divulged.

and the Board may act upon his report as to the result of the inquiry.

(2) The Commissioner, officer, and every other person appointed to make an inquiry shall for the purposes of any inquiry under subsection (1) have all the powers conferred upon the Board by section 73.

(3) The Board and any member of it, and any officer of the Board or person authorized by it for that purpose, shall have the right to examine the books and accounts of every employer and to make such other inquiry as the Board may deem necessary for the purpose of ascertaining whether any statement furnished to the Board under the provisions of section 33 is a n accurate statement of the matters which a re required to be stated therein, or of ascertaining the amount of the pay-roll of any employer, or of ascertaining whether any industry or person is within the scope of this Part. For the purpose of any such examination or inquiry, the Board or person authorized to make the examination or inquiry may give to the employer or his agent notice in writing requiring him to bring o r produce before such Board or person, at a place and time to be mentioned in the notice, which time shall be at least ten days after the giving of the notice, all documents, writings, books, deeds, and papers in the possession, custody, or power of the employer touching or in anywise relating to or concerning the subject-matter of the examination or inquiry referred to in the notice, and every employer and every agent of the employer named in and served with any such notice shall produce at the time and place required all such documents, writings, books, deeds, and papers according to the tenor of the notice. (4) Every member of the Board and every officer or person

authorized by it to make examination or inquiry under this section shall have power and authority to require and to take affidavits, affirmations, or declarations as to any matter of such examination o r inquiry, and to take statutory declarations required under section 33, and in all such cases to administer oaths, affirmations, and declarations and certify to the same having been made.

( 5 ) An employer and every other person who obstructs or hinders the making of any examination or inquiry mentioned in subsection (3), or who refuses to permit it to be made, or who neglects or refuses to produce such documents, writings, books, deeds, and papers a t the place and time stated in the notice mentioned in subsection (3), shall be guilty of an offence against this Part. R.S. 1936, c. 312, s. 73.

15. (1) No officer of the Board and no person authorized to make an examination or inquiry under this Part shall divulge


or allow to be divulged, except in the performance of his duties or under the authority of the Board, any information obtained by him or which has come to his knowledge in making or in connection with an examination or inquiry under this Part.

(2) Every person who violates the provisions of subsection (1) shall be guilty of an offence against this Part. R.S. 1936, c. 312, s . 74.

Disclosure an offence.

Jurisdiction 76. (1) The Board shall have exclusive jurisdiction to inquire into, hear, and determine all matters and questions of fact and law arising under this Part, 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 in junction, prohibition, or other process or proceeding in any Court or be removable by certiorari or otherwise into any Court ; and without restricting the generality of the foregoing the Board shall have exclusive jurisdiction to inquire into, hear, and determine :-

( a ) The question whether an injury has arisen out of or in the course of an employment within the scope of this Part :

( b ) The existence and degree of disability by reason of any in jury :

(c) The permanence of disability by reason of any injury: ( d ) The degree of diminution of earning capacity by reason

of any in jury : ( e ) The amount of average earnings : ( f ) The existence, for the purpose of this Part, of the rela-

tionship of any member of the family of a workman as defined by this Act:

(9) The existence of dependency : ( h ) Whether or not any industry or any part, branch, or

department of any industry is within the scope of this Part, and the class to which any industry or any part, branch, or department of any industry within the scope of this Part should be assigned :

(i) Whether or not any workman in any industry within the scope of this Part is within the scope of this Part and entitled to compensation thereunder :

( j ) Whether or not any person, firm, or body corporate is an employer within the scope of this Part.

(2) Notwithstanding the provisions of subsection (1) , the Board shall have full discretionary power at any time to reopen, rehear, and redetermine any matter which has been dealt with by it. R.S. 1936, c. 312, s. 75.

of Board.

decisions. Power to review


Power to withhold or suspend compensation in certain cases.

In case of gambling or other improper use.

Legal precedent not binding on Board.

costs.

Nothes and service.

77. (1) In case the Board is of opinion that any person entitled to compensation under this P a r t is leading an immoral or improper life, or in case any such person is confined to jail or prison, the Board shall have power, after due investigation, to withhold, cancel, or suspend compensation for such period as the Board deems advisable. 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.

(2) In case the Board is of opinion that any workman entitled to compensation under this Par t is likely to use the money in gambling or otherwise than for the benefit of himself, his wife, or h is children, or persons dependent upon him, the Board in its discretion may withhold or suspend the payment of compensation for such period as the Board deems advisable. Where compensation is so withheld the Board may in its discretion pay the compensation so withheld or any portion thereof to the wife or children, or to any of the persons who were a t the time of the accident dependent upon the injured workman, or the compensation may be paid to a trustee appointed by the Board to be expended for the benefit of the workman, his wife or children, or persons dependent upon him. R.S. 1936, e. 312, s. 76; 1943, e. 372, s. 76.

78. The decision of the Board shall be upon the real merits and justice of the case, and it shall not be bound to follow strict legal precedent. R.S. 1936, e. 312, s. 77.

79. The Board may award such sum as it may deem reasonable to the successful party to a contested claim for compensation or to any other contested matter to meet 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 or by a workman of any sum so awarded, when filed in the manner provided for the filing of certificates by subsection (2) of section 39, shall become a judgment of the Court in which it is filed and may be enforced accordingly. R.S. 1936, e. 312, s. 78.

80. Every notice which the Board is empowered or required to give to any employer or workman under the provisions of this Par t , or under any rules or regulations made hereunder, shall be in writing, and may be served either personally or by mailing i t to the address of the person to whom it is given. Where a notice is mailed, service of the notice shall be deemed to be effected at the time at which the letter containing the notice, and properly addressed, postage prepaid, and mailed, would be delivered in the ordinary course of post. R.S. 1936, e. 312, s. 79.


PART 11.

LIABILITY OF EMPLOYERS IN INDUSTRIES NOT WITHIN THE SCOPE OF PART I.

8s. Application 82 to 84. of 81. Subject to subsection (2) of section 2, sections 82 to 84 shall apply only to the industries to which P a r t I does not apply and to the workmen employed in such industries. R.S. 1936, c. 312, s. 80.

Liabi*ityofemployer for defective plant 82. (1) Where personal injury is caused to a workman by ;;~;;~;;;:ffor reason of any defect in the condition or arrangement of the ways, servants. works, machinery, plant, buildings, or premises connected with,

intended for, or used in the business of his employer, or by reason of the negligence of his employer or of any person in the service of his employer acting within the scope of his employment, the workman, or, if the injury results in death, the legal personal representatives of the workman, and any person entitled in case of death shall have an action against the employer; and if the action is brought by the workman he shall be entitled to recover from the employer the damages sustained by the workman by or in consequence of the injury, and if the action is brought by the legal personal representatives of the workman or by or on behalf of persons entitled to damages under the “ Families’ Compensa- tion Act,” they shall be entitled to recover such damages as they a re entitled to under that Act.

(2) Where the execution of any work is being carried into effect under any contract, and the person for whom the work is done owns or supplies any ways, works, machinery, plant, buildings, or premises, and by reason of any defect in the condition or arrangement of them personal injury is caused to a workman employed by the contractor or by any sub-contractor, and the defect arose from the negligence o f the person for whom the work or any part of i t is done, or of some person in his service and acting within the scope of his employment, the person for whom the work or that part of the work is done shall be liable to the action as if the workman had been emproyed by him, and for that purpose shall be deemed to be the employer of the workman within the meaning of this Par t ; but any such contractor o r sub- contractor shall be liable to the action as if this subsection had not been enacted, but not so that double damages shall be recoverable for the same injury.

Liability contractor of and (3) Nothing in subsection (2) shall affect any right or sub-contractor. liability of the person for whom the work is done and the con-

tractor or sub-contractor as between themselves. Effect of continuance (4) A workman shall not by reason only of his continuing in knowledge. the employment of the employer with knowledge of the defect or

Liability of person

plantorpremises- supplying defective

in employment after


negligence which caused his injury be deemed to have voluntarily incurred the risk of injury. R.S. 1936, c. 312, s. 81.

C e ~ i n c o m m o n ~ w 83. A workman shall be deemed not to have undertaken the rules abrogated.

Contributory negligence t o be considered in assessing damages.

risks due to the negligence of his fellow-workmen, and contributory negligence on the part of a workman shall not be a bar to recovery by him or by any person entitled to damages under the “ Families’ Compensation Act ” in an action for the recovery of damages for an injury sustained by or causing the death of the workman while in the service of his employer for which the employer would otherwise have been liable. R.S. 1936, c. 312, s. 82.

84. Contributory negligence on the part of the workman shall nevertheless be taken into account in assessing the damages in any such action. R.S. 1936, c. 312, s. 83.

~ ~~~~

Description of Disease.

Anthra

Lead poisoning or its sequela

Mercury poisoning or its

Phosphorus poisoning or its

Arsenic poisoning or i ts

Ankylostomiasis .....-. .-~...... ..-

Sulphur poisoning .-..........-..-.- Slllcosls ..__-.-.-.___.-._. .__..__....__..__

Infected blisters ....-.-. .-..........

sequelae

sequelae

sequelae

.. .

.. . Sl l lCOSlS ~

SCHEDULE. (Section 8 (a).)

Description of Process or Industry. ~

Handling of wool, hair, bristles, hides, and

Any process involving the use of lead or its

Any process involving the use of mercury or

Any process involving the use of phosphorus

Any process involving the use of arsenic or

Mining. Coal-mining. Metalliferous-mining industry. Any process involving continuous friction,

rubbing, or vibration causing blisters or abrasions.

skins.

preparations or compounds.

i ts preparations or compounds.

or i ts preparations or compounds.

i ts preparations or compounds.

Coal-mining industry.

R.S. 1936, c. 312, Sch.; 1943, c. 72, s. 43.


INDEX

SEC. Accident-

Arising out of and in course of employment, presumptions respecting . - .... 7 (4)

Defined .. 2 Happening of, out of Province, elec-

tion of workman, etc 9, 10 Misconduct of workman, attributable

to, effect on compensation ______--I--- 7 (3) Notice of, by workman - 49 Presumptions respecting, arising out

of and in course of employment.-.7 (4) Report of, by employer 60 See also Compensation.

Accounts, separate, of special funds in, etc. ............. 44

Compensation payable out of 7 (1) Contribution towards, from workmen

unlawful ........................................... 14 Contrjbution towards, Provincial ......... 36 Creation of 30, 34 Custody of, vested in Minister of Fi-

nance ........................ 66 Deductions from wages for purposes

of, unlawful ................................... 14 (1) Defined ..................................................... 2 Disbursements from, method of ..... 65 (2) Indivisible for purposes of paymmts.. 44 Interest on deficits in class funds in..

Interest on moneys of, in custody of Minister of Finance ...................... 65 (6)

Investment of surplus ................... 66 (3, 4) Purposes of ~ 3 4 (1) Safe-keeping of, liability of Province

fo r 65 (1) See also Silicosis Fund.

Advisory committees fo r ................ 58 (If) Bulletins on ..................................... 58 (Id) Closing-down of industry for, power

Hearings, notice of, before adoption of

Accident Fund-

............ . 44 (2)

Accident-prevention-

of Board to order ........................ 59 (2)

rules for _ ...................................... ~ 5 8 (2) Inspection of premises for ................... ........................................... 58 ( 3 ) , 60 (2)

Leave from Board required for com- mencing operation or reopening of plant .................................................. 60

Lectures on .................................... 58 ( l e ) Museums of devices for ............. .68 (Id) Powers of Board respecting ....... -68 et seq. Rules for .......................................... 58 (IC) Safety devices for. ................ ~ 5 8 ( l b ) , 69

Audit of Board’s .................................... 66 Employer’s examination of-.-- .......... 74 (3) Pay-roll, keeping of, in Province .. 33 (1) Separate, for each class or fund .......... 44

Accounts-

SEC. Action-

Employer, against, not to lie in respect of accidents within scope of Part I 11 (4) , 12 (1)

Employer, against, under Part I1 _ _ _ _ _ _ _ _ 82 Medical aid, not to lie in respect of..-.

...... 25 (6) Part I, provisions of, in lieu of right

of ..... 12 (1) Right of, against person other than

employer ............................. 11 Stay of, where improperly brought..-. . 12 (3)

Administration expenses, contribution from Province to wards-..-.^-.-..------------.-- 36

Admission of employer within scope of Part I, power of Board respecting ...... 6

Admission of industry not within scope of Part I, power of Board respecting

Affidavits and declarations, authority of members and officers of Board to take

Agreement to waive compensation void.. 13 Annual r e p o r t

Duty of Board to make 67 (1) Laying of, before L e g i s l a t u r e ~ - . ~ ~ ~ ~ ~ ~ ~ 6 7 (2)

Application for admission under Part I 6 Application of Act, domestic service ex- . cluded from ......................................... 2 (2) Application of P a r t I. Arising out of and in course of employ-

ment, presumption a s to accidents~.7 (4) Assessment-

Accident Fund, for creation and

.. 6, 36 ( 6 )

..... 74 (4)

See Part I.

maintenance of ................................... 34 Additional, in case of insufficiency ....

Adjustments of-

Classification of industries for pur-

Collection of-

34 (4)

Annual ............................................ 46 (1) Change of ownership, on ...... ~ 4 6 (2)

poses of ~30 , 32

Action against employer for ...... 39 (1) Deferred, where class funds suffi-

cient .............................. 34 (3 ) , 36 (3) Instalments, by ............................. 34 (3) Municipal corporation, by .................. 46 Summary proceedings on certificate

of Board ..................................... ~ 3 9 (2) Contractor, liability of, for ............ -~46 , 47 Contribution by workmen towards,

unlawful .............................................. 14 Default in payment of-

Liability of employer for compensa-

Power of Judge to restrain carry- tion accruing during ................ ~ 4 2 (2)

ing-on of industry during .............. 40

16


SEC . Assessment-Continued .

Differential rates of. as between classes 37

Differential rates of, in silicosis class 35 (5)

Duplication, by other Boards 9 Levy of funds by annual .................. 34 (1) Liability for-

Contractor, of 46, 47 Person carrying on industry, of .. 47 (3) Person for whom work done, of.-.47 (1) Sub-contractor 47 (2)

Making of ..... 34 (2) Notice of ..... 34 (6) Pay.ro11, computing, for purposes of

Pay.rol1, estimates and reports of, for purposes of 33 (1)

Penalty added to, upon default in payment . 42 (1)

Penalty, power of Board to relieve f rom . 42 (3)

Priority for, over liens, etc .......... 48 Purposes of 34 Rates, classification of, on basis of

relative hazard . 37 Security for payment of, in case of

temporary industries ........................ 38 Silicosis Fund, . for creation and main-

tenance of 35 Temporary industries, of ....................... 38 See also Accident Fund; Silicosis

Fund . Assignment of compensation prohibited 16 Attachment of compensation prohibited 16 Audit of Board’s accounts ......................... 56 Average earnings, determination of ........ 27 Board defined 2

See also Workmen’s Compensation

Books . See Accounts . Casual employment, application of Part

I respecting ......................................... 4 ( b ) Children . See Compensation . Claim-

Duty of workman to file 61 (1) Payment for medical aid without

formal ............................................. 51 (3) Time for filing .................................... 61 (2) See also Compensation . Accounts for, separate ........................... 44 Assignment of industries to proper .... 32 Creation of new ........ 31 (1) Differential ra tes as between ................ 37 Division of industries into 30 Funds and reserves of, adjustment of .... .. 31 (2)

Rearrangement of 31 Transfer of industries between ............ 31 Withdrawal of industries f rom ............ 31

. .......................

33 (2)

Board .

Classes-

Classification of industries . See Classes . Common-law rules abrogated in indus-

Compensation- tries not within scope of Part I ...... 82, 83

Accident, for injury by ...................... 7 (1) Accident happening out of Province .... ..................... 9, 10

SEC . Compensation-Continued .

Allotment of. between total and

Application for, duty of physicians to

Application for, time limited for filing

Assignment, attachment, or transmis- sion of, prohibited ............................... 16

Average earnings, determination of.-. 27 Awarding of, where action lies against

person other than employer 11 Claim for, filing of 61 Deductions from, on account of pay-

ments from employer 28 Defined 2 Disease, industrial, for disablement or

death by ... 8 Duration of payments of ............. 18 (4, 6) Election as to, where accident hap-

pens out of Province 10 Hernia 16 Liability of delinquent employer fo r

payment of ................. 9 ( 3 ) , 42 (2) , 43 Misconduct of workman, effect of, on

Notice of accident or disease, failure

Payments of-

partial dependents .. 18 (3)

assist workman in making ............... 62

51 (2) ................................................

....................................................... 7 ( 3 )

to give, a bar to claim for ............ 49 (4)

Commutation of 29 (2-4) Default in filing claim a bar to _-61 (2) Failure to submit to medical exami-

nation or treatment a bar to ....... 63 Periodical ................................... 29 (1, 2) Persons to whom made in case of

minors, etc ................................. 29 (1) Persons to whom made in case of

death .......................................... ~ 1 2 (3) Proof as to deaendents a condition

of ....................................................... 64 Readjustments of payments of ........ 18 (6) Reserves where alien dependents

awarded lesser sum of ....................... 19 Right of, where workman a minor .. 12 (2) Scale of-

Alien dependents residing out of

Burial expenses ............................. 18 (1)

Death .................................................... 18

Foster mothers ............................ 18 (2) Permanent partial disability- ........... 22 Permanent total disability ................ 21 Subsistence allowance .......... 25 (1) Temporary partial disability ............ 24 Temporary total disability ................ 23 Widow ............................ 18 (2) , 19 (2) Widow on remarriage ....................... 20 Widower, invalid .......................... 18 (2)

Suspenfling of, power of Board respecting ................................................ 77

Waiver of, by agreement, void 13 Withholding of, power of Board re-

specting ..... 77 See also Firs t aid; Medical aid; Sili-

Construction defined ---.-.-----.---__.--_____________ 2

Canada ...................................... 18 (2f)

Children ................... 18 (2, 6 ) , 19 (2, 3)

Facial disfigurement ................... 22 (2)

COSIS .


SEC . Liability of. for assessments ............ 46, 47 Liability of, under Part I1 .............. 82 (3) Municipal corporation, power of, to

deduct assessment from moneys due 46 Primary liability of ........................... 47 (1) Workmen of, deemed workmen of

principal where contractor is not assessed .......................................... 47 (3)

Contributory negligence, rule as to, in industries not within scope of Part I .............................................................. 33, 84

Costs, power of Board to award .............. 79 Crown, application of Part I to, in right

of Province .............................................. 6 Defences, certain common law, abro-

gated under Part I1 ......................... 82, 83 Dependents defined .................................... 2

See also Compensation . Disability, three days’, constituted a

Disease resulting from accident, com-

Contractor-

waiting period ................................... 7 (2)

pensation in case of ....................... 8 (4) See also Industrial disease .

Division of Act into par t s ........................ 3 Doctor . See Physician . Domestic service excluded from Act ~~ 2 (2) Earning capacity . Earnings-

Employer-

See Earnings . Average, how calculated .................. 27 (1) Minor, of, probable increase in ...... 27 (2)

Admission of, under Part I ............. 6 (2) Agreement of, with workmen to waive

compensation void .............................. 13 Allowances, gratuities, etc., to work-

men by, credit for- ............................... 28 Defined ..................................................... 2 Duty of, to make other reports ....... 60 (2) Duty of, to report accident within

scope of Part I ............................... .60 (1) Liability of, in .industries not within

scope of Part I.. ........................ 81 et eeq . Liability of, where accident due to

failure to comply with regulations.- 43 See also Assessment .

Employment defined .................... 2 Exclusions-

Act, f rom 2 (2) Part I, from ._ .......................................... 4

First-aid appliances and service, maintenance of, by employers ...................... 26

Industrial di!ease- Compensation for .................................. 8 Defined .................................................... 2 Notice in case of ............................... 49 (2) Presumption respecting, due to nature

of employment ................................. 8 (2) Prevention of, powers of Board re-

specting ....................................... 68 ( l a ) Reports of ............................................ 8 (3)

Industries- Admission of ... 6 (1, 3) Assignment of, to proper classes ......... 32 CIasses of . See Classes . Closing-down of, compulsory, by order

of Board ......................................... 69 (2) Injunction to restrain carrying-on of 40

SEC . Industries-Continued .

Leave required fo r commencement or reopening of ........................................ 60

List of, within scope of Part I ........... 4, 30 Industry defined ........................................ 2 Information not to be divulged ....... 76 (1, 2) Injunction to restrain carrying-on of

industry ................................................... 40 Interpretation of expressions .................... 2 Invalid defined ............................................ 2 Leave from Board required fo r com-

mencement of operation or reopening of plant, etc .............................................. 60

Legal precedent, Board not bound by.-.- 78 List of industries and classes ................ 4, 30 Lump-sum payment of compensation ...... 29 Medical aid-

Defined ....................................... 2, 25 (1, 2) Emergency ......................................... 26 (2) Fees for, power of Board to fix. 26 ( 6 Furnishing of, by Board .............. 25 (1, 6 Furnishing of, by employers ............ 26 (3) Master and Servant Act, application

of, suspended during existence of apDroved plan of 26 ( 4

Payment of, during waiting period 7 ( 2 Physician, selection of 26 (7) Plans for providing, approval of, by

Board 26 (4) Refusal of, by workman, effect of, on

compensation ....................................... 63 Remedies for enforcing payment from

employer of moneys retained for ..... 41 Supervision of, by Board .................. 26 (6) Workmen employed on vessels, for .. 26 (6)

Medical examination, refusal of workman t? submit to, effect of, on compensation .......................................... 5 3 (1)

Member of the family defined- ................. 2 Members of the family of employer, ap-

plication of Part I respecting- ......... -4 ( d ) Metalliferous-mining industry defined .... 2 Minor deemed sui jur is ......................... 12 (2) Misconduct of workman, effect of, on

payment of compensation .................. 7 (3) Notice-

Accident, of ............................................. 49 Assessments, of . ................ 34 (6) Election, of, where accident happens

out of Province . 10 (2) Failure to give, of accident or disease,

effect of 49 (4) Industrial disease, in case of ................ 49 Service of ... 49 (3), 80

..... 1

1

Oaths, power of members and officers of

Offences and penalties- Accident reports, failure of employer

to make ......................................... - 3 0 (3) Assessments, default of employer in

payment of . .. 42 (1) Examination of employer’s books, ob-

struction of .................................... 74 (6) General penalty, amount of.. ................ 63 Information, unlawful divulging of. ...

76 ( 2 ) Leave, operation of plant withoutL60 (3) Obstruction of Commissioner or officer . 68 (4)

Board t o administer .......................... 74 (4)

..........................................................


SEC. Offences and penalties-Continued.

Pay-roll estimates and statements, failure of employer to furnish .... 33 (3)

Recovery of penalties ..................... 64 Regulations, breach of ............ 61 (2) Safety ordefs, failure of employer to

comply m t h ~ ._____ 59 (3) Security for assessments in temporary

industries, default of employer in giving . 38 (2)

Wa,ges of workmen, unlawful deduc- tion from .................................. 14 (2)

Outworker defined 2 Outworkers, application of Part I re-

specting 4 (c) Owner, liability of, to pay contractor’s

assessment, etc. ...................................... 47 Pa r t I-

Admission of employer within scope of 6 (2)

Admission of industry or workman within scope of ................................ 6 (1)

Application of ._ 4, 6 Persons excluded from application of 4

Pa r t 11, application of, to industries not within scope of Part I ............................ 81

Parts, division of Act into ........................ 3 Pay-roll-

Accounts of, kept within Province..33 (1) Computing of .................................... 33 (2) Default in furnishing statement of,

liability of employer for compensation accruing during ..................... 42 (2)

Estimates of ................................... ~ 3 3 (1) Form of, power of Board to prescribe

61 (1) Reports of, verified ........................... 33 (1) See also Assessment.

Penalties. See Offences and penalties. Person defined ............................................ 2 Physician-

Defined ..................................................... 2 Duty of, to assist workman in making

and proving claim . 62 Duty of, to furnish reports of injury 62 Reports of industrial disease by-.-..8 (3) Selection of ........................................ 26 (7)

Accident arising out of and in the course of employment ..................... 7 (4)

Industrial disease due to nature of employment ..................................... 8 (2)

Principal, liability of, to pay contractor’s assessment, etc. .............................. 47

Priority for amounts due to Board un-

Rates. See Assessment. Regulations-

..........................................................

Presumptions-

der Act ..................................................... 48

Accident-prevention, for ....................... 68 Additional, for administration of

Part I ................................................... 61 Defined ................................................... 2 Forms, power to prescribe, 61 Medical aid, respecting .................... -26 (1) Penalty .................................................... 43 Publication of ......................................... 62 Taking effect of^. ................................ 62

Rehabilitation ........................................... 17

. .

SEC. Report-

Accident, of, by employer 60 Industrial disease, of, by physician..8 (3)

33 See a k o Employer; Physician; Work-

man.

Alien dependents residing out of Can- ada, in case of lesser payments to

19 (1) Capitalized . 34 (IC) Contingent fund, for.. 34 (Ib) Disaster, to meet 34 ( I d ) Payments from . 19 (2) Special .. 34 (lb, c)

1

Defined 8 (6) Disability from 8 (6) Provisions, power of Board to bring

other industries within---.-------.----.36 (6)

Assessments fo r (2-6 Authority to p r o ~ d e .......... .36 (1 Classification of rates fo r 36 ( 6 )

Sub-contractor, liability of, fo r assess- 47 (2)

See also Contractor. Subrogation of Board to rights of work-

man a s against person other than employer .. 11 (3)

Subsistence allowance ........................ 25 (1) Surgical aid. See Medical aid. Travelling salesmen, application of Part

I respecting .......................................... 4 (a) Wages-

Deductions from, prohibited 14 (1) Up to $2,500 ......................... ~27 (l), 33 (2)

Waiting period ........................................ 7 (2) Widow. See Compensation. Witnesses, power of Board to compel at-

tendance of ............................................. 73 Workman-

Agreement of, to waive compensation void ........ .. 13

Defined .................... ... 2 Filing of claim by .. 61 Medical examination and treatment

of, failure. to submit to, a bar to compensation . 63

Notice of accident or disease by .......... 49 Unassessed contractor, of, deemed

See also Compensation.

Affidavits and depositions, power of members and officers of, to take.-74 (4)

Annual report of .... 67 Appeal from decision of, prohibited.-.-

76 (1) Audit of accounts of ... 66 Chairman and Acting-Chairman .. 67 Chief Medical Officer of, appointment

of 72 Compensation, power of, to withhold

or suspend .. 77 Continuation of, as a body corporate-- 66 Costs, power of, respecting 79

Pay-roll, of, by employer .............

Reserves-

..............

Short title of Act ...... Silicosis-

Silicosis Fund-

1 ments

workman of principal ................... -47 (3)

Workmen’s Compensation Board-

...

WORKMEN’S COMPENSATION BOARD INQUIRY R 417 I

SEC. Workmen’s Compensation Board-Con-

tinued. Examination of employer’s books

under authority of 74 (3) Information obtained by officers of,

secrecy respecting 76 Inquiries under authority of 74 Jurisdiction of 26 (6) , 76 Legal precedents not binding on ....______ 78 Members of-

Appointment and number of 66 Appointment pro tempore----.--.-..-..-- 68 Disqualification of 70 Reappointment’ eligibility for.---.66 (2) Salaries of 69 (2) Term of office and retirement...--66 (1) Time of, to be devoted to duties..69 (1)

SEC. Workmen’s ComDensation Board-Con-

tinued. Notices of, service of 80 Office of. location of 71 (1) , , Officers of, powers and reports of 74 Proceedings of, manner of conducting

71 (4) Publication of information by--.--..67 (3) Quorum of ..~ ~ 71 (2) Review of decisions by 76 (2) Secretary of, appointment of 72 Sittings of, place and times of .... 71 (1,4) Staff of, appointment and salaries of- 72 Vacancies in, effect (3) Witnesses, powers of Board respect-

ing attendance and depositions of--.. 73

· 2005. 9. 30. · workmen’s compensation board inquiry r 365 chapter 370. an act to provide...

Documents