■ NOVA SCOTIA j '• • • v % WITH AMENDMENTS TO MAY, 1920, CONSOLIDATED HALIFAX, N. S. KINO'S PRINTER 1 920 $ 3 * ! ?,/ the period -of such de- fault, 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 such employer in whole or in part from liability under this section. 68. Where default is made in the payment of any assessment or any part thereof, or where it is provided by any other section of this Part that an amount or payment may be recovered or enforced in the same manner as an assessment or as provided by Section 68, the Board may issue its certificate, stating that the asssessment was made, or the matter with respect to which the amount is due or payable, the amount remaining unpaid on account thereof, and the person by whom it was payable, and such certifi- cate, or a copy of it certified by the Secretary of the Board to be a true copy, may be filed with a Clerk of any County Court, or with any Prothonotary of the Supreme Court, and when so filed and sealed with the seal of such Court shall become an order of that Court, upon which judgment may be entered against such person for the amount men- tioned in the certificate, together with the fees of the clerk or prothonotary allowable in the case of a default judg- ment, and such judgment may be enforced by execution ox otherwise as any other judgment of the Court, and such Courts shall have jurisdiction with respect to the amount mentioned in such certificate whatever it may be. (19^8, c. 45, s. 18). 69. 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 the 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 66 is an accurate statement of the matters which are required to be stated therein or of ascertaining the amount of the payroll of any employer or of ascertaining whether any industry or person is under the operation of this Part. 39 70. Every member of the Board and every officer or person authorized by it to make any examination or inquiry under this Act shall have power and authority to require and to take affidavits, affirmations or declarations as to any matter of such examination or inquiry, and to take statutory declarations required under Section 66, and in all such cases to administer oaths, affirmations, and decla- rations and certify to the same having been made. 71. The Board and any member of it and any officer or person authorized by it for that purpose, shall have the right at all reasonable hours to 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 em- ployed in or about the establishment or premises, and whether the safety appliances or safeguards prescribed by law are used and employed therein, or for any other pur- pose which the Board may deem necessary for the purpose of determining the proportion in which such employer should contribute to the accident fund. 72. No officer of the Board and no person authorized to make an 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 ob- tained by him or which has come to his knowledge in mak- ing or in connection with an inspection or inquiry under this Part. LIABILITY FOR ASSESSMENTS. 73. Where any work within the scope of this Part is performed under contract for any municipal corporation or public service commission, any assessment in respect of such work may be paid by such corporation or commission as the case may be, and the amount of such assessment may be deducted from any moneys due the contractor in respect of such work. (1918, c. 45, s. 19). 40 74. (1) Where any work within the scope of thk Part is undertaken for any person by a contractor, both the contractor and the person for whom such work is un- dertaken shall be liable for the amount of any assessment in respect thereof, and such assessment may be levied upon and collected from either of them or partly from one and partly from the other ; provided that 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 for the amount of such 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 assess- ments in respect of such work; and such assessments may be levied upon and collected from either, or partly from one and partly from the other; provided that in the ab- sence of any term in the sub-contract to the contrary, the sub-contractor shall be primarily liable for such assess- ments. (1917, c. 70, s. 20). (3) Any contractor or sub-contractor who is not assessed with respect to the work carried on by him as such contractor or sub-contractor and the workmen of such contractor or sub-contractor may be considered work- men of the principal with respect to any industry within the scope of this Part. (1918, c. 45, s. 20). Provided that in the absence of any term in the contract or sub-contract to the contrary, the principal shall be entitled to recover from the contractor and the contractor from the sub-contractor the amount or proportionate part of any assessment paid by the principal with respect to the contractor or his workmen or paid by the contractor in re- spect to a sub-contractor or his workmen. (1920, c. 42, s. 10 ). 75. In the case of a work or service performed by an employer in any of the industries within the scope of this Part, for which the employer would be entitled to a lien under the Mechanic’s Lien Act, it shall be the duty of the owner as defined by that Act to see that any sum which the 11 employer is liable to contribute to the accident fund is paid, and if any such owner fails to do so he shall be per- sonally liable to pay it to the Board, and the Board shall have the like powers and be entitled to the like remedies for enforcing payment as it possesses or is entitled to in respect of an assessment. 76. (1) There shall be included among the debts which under 4 ‘The Assignments Act,” “The Companies ’ Winding Up Act,” and “The Trustee Act,” are, in the distribution of the property in the case of an assignment or death or in the distribution of the assets of a company being wound up under the said Acts respectively, to be paid in priority to all other debts, the amount of any assessment the liability wherefor accrued before the date of the assignment or death or before the date of the com- mencement of the winding up, and the said Acts shall have effect accordingly. (2) The amount of any assessment and any judgment with respect to same shall be a first lien upon all the pro- perty, real, personal, or mixed, used in or in connection with the industry with respect to which the employer is assessed, subject only to municipal taxes, and the amount levied under execution upon any such judgment to the extent of the amount due upon such execution shall forth- with be paid by the sheriff or his deputy to the Workmen’s Compensation Board. This sub-section shall apply to all assessments made or payable after January 1st, 1917. (1918, c. 45, s. 21). (3) The words “amount of any assessment and any judgment with respect to same,” in the first and second lines of the foregoing sub-section (2), shall include an;/ percentage payable under the authority of Section 67, sub- section (1) of Chapter 1 of the Acts of 1915, as amended by Section 17 of Chapter 45 of the Acts of 1918, and the amount due upon any judgment entered in the manner provided by Section 68 of Chapter 1 of the Acts of 1915 as amended by Section 18 of Chapter 45 of the Acts of 1918. (1919, c. 61, s. 18). 77. The Board may make such regulations as may be deemed requisite for the due administration and carrying 42 out of the provisions of this Part, and may prescribe the form and use of such payrolls, records, reports, certificates, declarations and documents as may be requisite. (1917. c. 70, s. 21). 78. The Board may prescribe penalties for the violation of any of the provisions of this Act, or for the breach of any rules, regulations or orders made under the authority of this Act, provided that such penalties shall be approved by the Governor-in- C ouncil . 79. The penalties imposed by or under the authority of this Part shall be recoverable under the Summary Con- victions 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. ASSOCIATIONS 80. (1) Where any Association shall make rules for the prevention of accidents in the industry or industries represented by such Association, such rules shall, if ap- proved by the Board, be binding on all the employers included in the class, sub-class or group represented by such Association whether or not such employers are mem- bers of such Association. (2) Where an Association under the authority of its rules, appoints one or more inspectors , engineers or experts for the purpose of accident prevention, the Board may pay the salary and necessary expenses of any such inspector, engineer or expert out of the accident fund and charge the same to the account of the proper class, sub-class or group. (3) The Board may on the application of any Assoc- iation make an allowance to such Association to meet any expenses of such Association and pay such allowance out of the accident fund and charge the same to the account of the class, sub-class or group represented by such Asso- ciation. *43 INDUSTRIAL DISEASES 81. (1) Where a workman suffers from an industrial disease and is thereby disabled from earning full wages at the work at which he was employed, or his death is caused by an industrial disease, and the disease is due to the nature of any employment in which he was engaged at any time within twelve months previous to the date of his disablement, whether under one or more employments, the workman or his dependents shall be entitled to com- pensation as if the disease were a personal injury by acci- dent and the disablement were the happening of the accident, subject to the modifications hereinafter men- tioned, unless at the time of entering into the employment he had wilfully and falsely represented himself as not having previously suffered from the disease. (2) If the workman at or immediately before the date of the disablement was employed in any process mentioned in the second column of the Schedule hereto and the dis- ease 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) 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 compensa- tion under this Part. 82. The provisions of this Part relating to the organization of the Board, the classification of industries, and levying and collecting of assessments, or any of them, shall become effective from and after a day to be named in a proclamation by the Govemor-in- Council : the provi- sions of this Part respecting the payment of compensation and the right of the workman thereto shall become effec- tive from and after a day to be named in any subsequent proclamation by the Govemor-in-Council, and compensa- tion shall be payable in respect of injuries occurring on and after the day named in such last mentioned proclama- tion, on which day also the Workmen's Compensation Act, 44 Chapter 3 of the Acts of 1910, and amendments thereto, shall stand repealed. 83. This Part shall not apply to farm laborers, o r - domestic or menial servants or their employers. PART II. 84. Subject to Section 88 , Sections 85 to 87 , shall apply only to the industries to which Part 1 does not apply and to the workmen employed in such industries. 85. (1) Where personal injury is caused to a work- man by reason of any defect in the condition or arrange- ment of the ways, works, machinery, plant, buildings or premises connected with, intended for or used in the busi- ness of his employer or by reason of the negligence of his employer, or any person in the service of his employer, act- ing within the scope of his employment, the workman, or if the injury results in death the legal personal repre- sentative 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 Fatal Injuries Act, they shall be entitled to recover such damages as they are 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, building or premises, and by reason of any defect in the condition or arrangement of them, per- sonal injury is caused to a workman employed by the con- tractor or by any sub-contractor, and the defect arose from the negligence of the person for whom the work or any part of it is done or of some person in his service and act- ing 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 employed 45 by him, and for that purpose shall be deemed tc be the employer of the workman within the meaning of this Act, but any such contractor or sub-contractor shall be liable to the action as if this sub-section had not been enacted, but not so that double damages shall be recoverable for the same injury. (3) Nothing in sub-section (2) shall affect any right or liability of the person for whom the work is done and the contractor or sub-contractor as between themselves. (4) A workman shall not by reason only of his con- tinuing in the employment of the employer with knowledge of the defect or negligence which caused his injury be deemed to have voluntarily incurred the risk of the injury. 86. A workman shall hereafter be deemed not to have undertaken the risks due co the negligence of his fellow- workmen, and contributory negligence on the part of a workman shall not hereafter be a bar to recovery by him or by any person entitled to damages under the Fatal Injuries Act, in an action for the recovery of damages for an injury sustained by, or causing the death of the work- man while in the service of his employer, for which the employer would otherwise have been liable. 87. Contributory negligence on the part of the work man shall nevertheless be taken into account in assessing the damages in any such action. 88. This Part shall not apply to farm laborers or domestic or menial servants or their employers. 89. This Part shall take effect on, from and after a dav to be named in a proclamation by the Governor-in-Counci!. 46 SCHEDULE. Description of Diseases. Description of Process. Anthrax. Handling of wool, hair, bristles, hides, and skins. Lead poisoning or its sequelae. Any process involving the use of lead or its prepa- rations or compounds. Mercury poisoning or its sequelae. Any process involving the use of mercury or its preparations o r com- pounds. Phosphorous poisoning or its sequelae. Any process involving the use of phosphorus or its preparations o r com- pounds. Arsenic poisoning or its sequelae. Any process involving the use of arsenic or its preparations or com- pounds. Ankylostomiasis. Mining. Subcutaneous cellulitis of the hand, (beat hand). Mining. Subcutaneous cellulitis over the patella ( miners ’ beat knee). Mining. Acute bursitis over the elbow (miners’ beat elbow). (1919, c. 67, 5. 20.) Mining. INDEX ACCIDENT, arising out of and in course of employment .... 7 (1) 6 associations for prevention of 80 (1) 42 attributable solely to serious and wilful misconduct 7 6 disabling workman for less than seven days 7 6 election by workman when accident occurs out of Province 8 11 employer to report within three days 43 (4) 27 employer individually liable unless his industry has been admitted 8 (2) 8 happening out of Nova Scotia, 8, 8A 7 & 12 (See also Navigation and Fishing, Out of Nova Scotia, Statutory Covenant) liability of employer for, when (See Employer) ... .67 (2) 37 notice of (See Notice) on ships 8 (2) (b) 9 while rescuing life or property 2 (n) 4 ACCIDENT FUND, Board’s officers may enter premises to determine employer’s contribution to Accident Fund 71 39 compensation payable out of 49 30 created from assessment on industries 50 30 deemed indivisible for payment of compensation ... 55 32 defined 2 2 penalties to form part of 79 42 ACCIDENT PREVENTION— (See Association) associations of employer for 80 (1) 42 expenses of, Board may make grants towards... 80 42 grants charged to particular class 80 42 rules may be made by 80 (1) 42 inspection of premises by Board with view to 71 39 ACCOUNTS — (See Books and Accounts) Board’s, how audited 32 22 ACTION against employer under Part 2 85 44 Board, when subrogated to rights of workmen 9 13 election by workman when accident occurs out of Province 8 11 employer personally liable for accident out of Province, when 8 (5) 10 no action for medical aid fees 15A (5) 16 none by workman versus his employer 11 14 none by workman against any employer under Part 1 10 13 none for fees for medical aid beyond amount fixed by Board 15A (13) 18 notice of action against employer effect on claim for compensation 8 11 when accident occurs out of Province 8 10 when workman has right against third party 9 13 ACTS, repealed 82 43 ii INDEX Sect. Page ADMINISTRATION EXPENSES, contribution by Province 34 (2) 22 payable out of Accident Fund 34 (1) 22 ADMISSION OF INDUSTRY, on application of employer 5 (1) 5 ADMISSION OF EMPLOYER AND MEMBERS OF FAMILY 5 (2) 6 AFFIDAVITS, ETC. ' authority of Board and its officers to administer oaths and take affidavits 70 39 AGREEMENT, (See Statutory Covenant) waiving compensation, void 12 14 APPEALS, association may be heard 31 (4) 21 no appeal from Board on questions of fact 31 (1) 20 notice of petition for leave to appeal 31 (2) 21 no costs on 31 (6) 22 notice of, what to contain 31 (3) 21 on questions of law ..31 (2) 21 permission of Judge required 31 (2) 21 stated case by Board 31 (5) 21 time for appeal 31 (3) 21 APPLICATION FOR ADMISSION UNDER PART 1, employer may apply to Board to bring industry under Part 1 5 5 & 6 of member of family 5 (2) 6 APPRENTICE, included in definition of workman 2 (n) 4 ARISING OUT OF AND IN COURSE OF EM- PLOYMENT, presumption 7 (2) 7 question of fact 31 (1) 20 ASSESSMENT, a first lien 76 (2) 41 “amount of any assessment” shall include percent- age penalties 76 (3) 41 adjustment of, on actual payroll, yearly 63 36 Board to assess employers yearly 54 (1) 32 Board may estimate payroll 54 (1) 32 change of ownership of industry 64 35 collection of, by action 57 (1) 33 collection of, by entry of judgment 68 38 collected by half yearly, quarterly or monthly in- stalments or otherwise 62 35 collection of, abated or deferred 62 35 contribution by workmen unlawful 13 14 contractor liable for assessment on sub-contractor. .74 (2) 40 deficiency of, how collected 63 35 “ “ “ “ 61 34 entry of judgment, for 68 38 for contingent fund 56 (1) 32 how levied . .., 54 (1) 82 INDEX iii Sect. Page ASSESSMENT (Continued) how made . ..57 (2) 33 injunction against employer on return of execution unsatisfied 57 (4) 34 minimum $5.00 54 (2) 32 notice of, how given 58 34 not to be deducted from wages 13 14 payable without demand . .59 34 percentage penalty for non-payment of 67 (1) 37 percentage penalty added to assessment and col- lected under Section 68 67 (1) 37 principal liable for assessment on contractor 74(1) 40 provisional, Board may levy 54 (1) 32 rated upon payroll or otherwise as Board may deem proper 54 (1) 32 rates, Board may fix different, for industries in same class 60 34 reserves for 56 (1) 32 refund of surplus to employer 63 35 security for by temporary employer 57 (3) 33 wages of sharesmen 8A 12 ASSIGNMENT OF COMPENSATION, not valid without approval of Board 14 14 ASSOCIATION defined 2 2 employers may form, for accident prevention 80 (1) 42 expenses of, may be paid by Board out of accident fund 80 42 may make rules for accident prevention 80 (1) 42 rules of, be approved by Board 80 (1) 42 rules of, binding on employers 80 (1) 42 ASSUMPTION OF RISK, not a defence in actions under Part 2 85 (4) 45 “ “ “ « “ “ “ “ 86 45 ATTACHMENT OF COMPENSATION, must have approval of Board 14 14 AVERAGE EARNINGS, 41 26 BOARD, administration of Part 1, by 16 18 appeal from, on questions of law 31 (2) 21 appeal, none from, on questions of fact 31 '20 appointment of its officers 28 19 constitution and name 16 18 conduct of proceedings in discretion of Board 27 19 defined 2 2 death or absence of a Commissioner, pro tempore appointment 18 (1) 18 how constituted 16 18 investment of funds 30 2* jurisdiction, to determine all matters and questions arising under Part 1 30 20 may prescribe form of payrolls, records, reports, etc 77 41 medical aid, all questions pertaining to, to be deter- mined by Board 15 A 15 iv INDEX Sect. Page BOARD (Continued) members of Boards and its officers authorized to take affidavits, etc . . .70 39 officers of, may act on report of . . .29 20 penalties, Board may prescribe . . .78 42 quorum . . .23 19 regulations, for administration of Part 1, may be made . . .77 41 review, reconsideration, rescission, amendment of decision or action of, at anv time . . .46 (1) 29 salaries of officers of Board to be approved by Governor-in-Council . . .28 19 sittings may be anywhere in Nova Scotia . . .26 19 vacancy or absence of Chairman . . .17 (2) 18 BOOKS AND ACCOUNTS, Board may require accounts verified by affidavit, etc . . .70 39 employers to keep, of wages under penalty . . .66 (5) 36 employers, may be examined by Board or its officers , . .69 38 BURIAL EXPENSES, not to exceed $75.00 , . .35 (1) 22 not subject to the 55 % clause in awarding compen- sation to dependents . .35 (4) 23 provided for by Act . .35 (1) 22 CASUAL EMPLOYMENT, Part 1 does not apply to, where not for purposes of employer’s business . . 3 5 CHILD, — (See Compensation) compensation increased after October 1st, 1920. . . .37 (2) 25 compensation payable to such persons as Board directs . .44 (1) 28 death of under 14, compensation withheld from parent . .46 (2) 29 invalid child, compensation payable to . .37 (1) 25 not entitled to increased compensation on remar- riage of widow . .37 (2) 25 review of compensation payable to child . .47 29 CLAIM, proof of claim within 15 months . .15 15 to be made within one year . .15 14 workman or dependent to furnish certificate of doctor and other proofs (1) 27 CLASSES, accounts, separate accounts of each class to be kept 32 adjustment of funds and reserves on re-arrange- ment of classes . .56 (3) 33 differential rates in classes . .60 34 industry to be assigned to proper class . .52 31 list of, under Part 1 30 re-arranging by Board 31 sub-classification by Board 34 INDEX v COMPENSATION, Sect. Page action by workman out of Province 8 11 allowance by employer to be considered 42 (1) 27 assignment or attachment of, must be approved by Board 14 14 average earnings 41 26 child, compensation payable to under age of 16 ..37 (1) 25 computed from date of disability 7 (3) 7 compensation withheld from parent re death of child under fourteen 46 (2) 29 claim to be made within one year 15 14 death of one dependent, compensation to others increased 37 (2) 25 dependents residing out of Nova Scotia, when entitled 8 11 dependents residing out of Nova Scotia, when entitled *. . 8B 12 election where accident occurs out of Province . . 8 11 employer, when entitled to (See Employer) earning capacity not diminished, when 39 (2) 26 exception to above in case of shareholder of incorporated company 35 (4 %) 24 forfeited when 8 11 immoral life, compensation withheld from persons leading 46 (1) 29 industrial disease, when compensable 81 43 invalid child, period compensation payable 37 (1) 25 increased compensation after Oct. 1/20 to widows and children 37A 25 limitation of, not to exceed 55% of average earnings 35 (4) 23 lump sum 45 (1) 28 minimum $5.00 per week in permanent total disabil- ity cases 38 (2) 26 minors,, compensation how payable to 44 28 minors, etc. how payable for 44 28 of sharesmen on fishing vessels 8A 12 on death of beneficiary, how payable 35 (5) (6) 24 payable in such manner and form as appear to Board convenient 44 (1) 28 permanent partial disability 39 (1) 26 permanent total disability 38 25 persons committed to prison, compensation with- held 44 (2) 28 persons of unsound mind, compensation how payable 44 28 proof completed within 15 months 15 15 residence out of Nova .Scotia 8B 12 residence out of Nova Scotia 8 11 review of compensation payable to minors 47 29 scale of, in case of death 35 (1) 22 Section 40 not to include Section 38 (2) 38 (2) 26 temporary partial disability 40 (2) 26 temporary total disability 40 (1) 26 to dependents for period of dependency only 35 (2) 23 to widows and children not limited to 55% ..... .35 (4 V 2 ) 24 when compensation not increased 35 (1) 23 “ “ “ “ 37 (2) 25 vi INDEX Sect. Page COMPENSATION (Continued) when payable • • • 7 (I) ® widow marrying, compensation ceases but entitled ’ to $20.00 for 25 months 36 (1) 24 CONTRACTOR, contractor and principal liable for assessments 74 (1) 40 for municipal corporation or public service com- 1 mission 73 39 liability of, for assessments on sub-contractor 74 (2) 40 primarily liable as between principal and contractor.74 (3) 40 rights or liability of, under Part 2 85 44 & 45 workman of contractor deemed workman of prin- cipal until contractor is assessed 74 (3) 40 CONSTRUCTION, defined 2 2 CONTRIBUTORY NEGLIGENCE. not a defence in action under Part 2 87 45 DECISIONS OF BOARD. appeal from, when 31 (2) 21 exceptions as to its jurisdiction 31 (1) 20 on questions of fact and law conclusive 31 (1) 20 re-opened or reviewed by Board 46 (1) 29 review of decision re compensation payable to minor 47 29 stated case for opinion of court 31 (5) 21 DEFINITIONS, Accident Fund 2 (a) 2 Association 2 (b) 2 “Amount of any Assessment” shall include percent- age penalty 76 (3) 41 Board 2 (c) 2 Construction 2 (d) 2 Dependents 2 (e) 2 Employer 2 (f) 2 Employment 2 (g) 3 Industrial Disease 2 (h) 3 Industry 2 (i) 3 Invalid 2 (j) 3 Medical Aid 15A 15 Member of the Family 2 (k) 3 Outworker 2 (1) 3 Regulations 2 (m) 4 Stevedoring 2 (q) 4 Teaming 2 (s) 4 Workman 2 (n) 4 DEFENCES, common law defences taken away in actions under Part 2 86 45 common law defences taken away in actions under Part 2 85 44 common law defences taken away in actions under Part 2 87 45 INDEX ■ DEPENDENTS, compensation payable to, in death cases allotted between partial and total compensation to, where no widow or children proofs of claim, by DISABILITY, workman must be disabled for 7 days from earning full wages, to be compensated except for medical aid 7 DISEASE. as a result of accident, when compensated .... certain industrial, deemed accidents under the Act. .81 industrial disease defined 2 presumption as to disease being due to employment. 81 DOMESTIC AND MENIAL SERVANTS, Act does not apply to u a a u a EARNINGS. average earnings, how calculated 41 earning capacity defined 41 sharesmen of fishing vessel 8A EARNING CAPACITY, compensation payable though not diminished, when. 39 defined 41 EMPLOYER, admitted as a workman 5 (2) agreement with workman to waive benefits void. . . .12 allowances, gratuities or payments to workmen, en- titled to credit for assessors furnish list of employers books and accounts of, may be examined by Board or its officers cannot deduct assessments from wages 13 change of ownership or employership defined 2 duty to make other reports required by Board. . . .43 (5) duty to report accidents within three days 43 (4) estimates of payroll to be furnished by liability of to workman of contractor or sub-con- tractor under Part 2 list of building permits to be furnished to Board. . .66 (3) negligence of employer or fellow workman, action under Part 2 security to be given by temporary employer. . statutory covenant with workman 8 EMPLOYMENT, defined ESTIMATE— (See Pay Roll Statement) vii ' Sect. Page ...35 (1) 22 ...35 (3) 23 ...35 (1) 23 2 to . 44 (2) 23 30 om- 12 .81 (3) 43 ,.81 43 . 2 3 .81 (2) 43 .83 44 .88 45 .41 26 .41 26 . 8A 12 .39 (2) 26 26 . 5 (2) 6 .12 14 L- .42 (1) 27 .66 d (2) 36 .69 38 .13 14 .64 35 . 2 2 .43 (5) 28 .43 (4) 27 .66 (1) 36 L“ .85 (2) 44 .66 n (3) 36 .85 44 .57 (3) 33 . 8 8 3 riii INDEX Sect. Page EXAMINATION, information not to be divulged 6 6 of books and accounts of employer by Board or its officers 69 38 of premises of employer by officers of the Board. . .71 39 EXCLUSION OF INDUSTRIES AND OF WORK- MEN, by Board 6 6 of temporary workmen 6 6 EXPENSES — (See Administration) FARM LABORERS, Act does not apply to 83 44 “ « “ “ ' « 88 45 FARMING, industry of, not under Act 83 44 “ “ « “ “ 88 45 FATAL INJURIES ACT, application of, under Part 2 85 44 “ “ “ “ “ 86 45 FIRE DEPARTMENT, not under Part 1 3 5 FIRST AID SERVICES AND APPLIANCES, Board may direct employers to maintain 15A 17 regulations by Board 8A 12 FISHING, — (See also Navigation) owner of vessel fishing on shares deemed employer. . 8A 12 sharesman deemed to earn wages at rate of $1200.00 per year 8A 12 sharesman deemed workman 8A 12 GOVERNOR-IN-COUNCIL, penalties to be approved by 78 42 proclamation by, bringing into force Part 1 82 43 INDUSTRIAL DISEASE, disability from 81 (1) 43 schedule of 81 (2) 43 “ “ 46 INDUSTRIES, — (See Exclusion of Industries) admission of 5 5 carried on out of Province ; 8 7 change of employer 64 35 classification of 50 30 defined 2 3 in Part 1, under jurisdiction of Board 3 4&5 list of, included in Part 1 3 .4&5 navigation and fishing 8 9 re-arrangement of classes by Board 51 31 temporarily carried on, asesssment, how made 57 (3) 33 INJUNCTION, to restrain employer from carrying on business when execution unsatisfied 57 (4) 34 INDEX ix INVALID, defined INVESTMENT, free from taxation of accident fund and reserves *o be ic trustee funds of compensation by Board, when commuted lump sum JUDGMENTS. LIABILITY FOR ASSESSMENT— (See Assessments) contractors for municipal corporations or public ser- vice commission LIEN, LIMITATION OF CLAIM, claim to be made within one year after accident. . . . proof to be completed within 15 months LIMITATION OF COMPENSATION, to shareholder of incorporated company LUMP SUM PAYMENT compensation payable in lump sum divided into per- iodical payments MAYOR, WARDEN, ETC., excluded from Part 1 MECHANICS’ LIEN ACT, liability of owner under, for contribution of employ- er to accident fund MEDICAL AID, arrangements by employer for furnishing, to work- men may be approved by Board arrangements in force Dec. 31/19 may continued, when arrangements, contribution towards, by workman when may be made assessments to include amount necessary medical aid unlawful defined Sect. Page 2 3 29 20 30 20 29 20 76 (2) 41 68 38 73 39 r 76 (2) 41 15 14 15 15 35 (4 y 2 ) 24 45 (1) 28 45 (2) 29 6 6 75 40 15A 16 15A 16 15 A 16 15A 16 l 15A 17 15A (3) 15 15A 15 15A 16 15A 16 15 A 16 15A 15 15A 17 INDEX MEDICAL AID (Continued) employer required, if necesssary, to convey injured workman to home, hospital or surgeon .... fees or charges for, to be fixed by Board .... furnished by and under control of Board .... navigation and fishing, when workman entitled to no action for fees relief associations for workmen reports respecting workmen, to be supplied by doc- tors and hospital officials without additional surgical aid, hospital included temporary arrangeme when workman is ent and skilled nursing services MEDICAL EXAMINATION, MEMBER OF THE FAMILY, MISCONDUCT, serious and wilful, when a bar to compensation. . . . workman seriously disabled, compensated in spite of, when MUNICIPAL CORPORATIONS, NAVIGATION,— (Also see Fishing) compensation not payable while workman entitled to maintenance on vessel compensation payable out of Nova Scotia, when. . . . covenants confined to certain operations dependent or workman residing out of Nova Scotia when entitled to compensation dependents or workman residing out of Nova Scotia when entitled to compensation employer personally liable . - fishing medical aid Merchant’s Shipping Act maintenance of workman. Sect. Page. 1 15A 16 & 17 15A 16 16A 15 ) 15A (12) 17 15A 16 15A (13) 18 15A 16 l 15A 17 1 15A (2) 15 15A 16 & 17 15A 15 48 (1) 30 3 5 2 3 3 5 7 6 ► 7 6 73 39 2 2 8 11 & 12 8 9 1 8 11 & 12 8 11 8 (2) (b) 9 8 11 8B 12 8 8 8 (2) (b) 9 15A (12) 17 8 11 & 12 8 7 NOTICE OF ASSESSMENTS, duty of employer to pay assessments without notice. 59 34 how given . 58 34 OATHS, Board and its officers may administer 70 39 INDEX OFFICERS OF BOARD, take evidence appointed to make enquiry, 1 take evidence Board may act on report of may enter establishment of premises, etc power to administer oaths, etc. power to examine accounts an enquiries OPERATION, Special surgical operation authorized by Board.. statutory covenants when workman deprived of action workman suing out of Province OUTWORKER, defined Part 1 of Act, does not apply to OWNER, liable to pay contractor’s assessment in certain cases. 75 under Mechanics’ Lien Act, liability of, for assess- ment 75 XI Sect. Page 28 19 ) 29 20 > 70 39 29 20 28 20 ,72 39 ,71 39 ,70 39 r ,70 39 .28 19 .28 19 .45 (3) 29 9 . 8 9 . 8 11 . 8 10 . 8 9 . 8 7 . 8 10 . 8 11 . 2 3 . 3 5 40 40 PART 1 OF ACT, application of 3 4 does not apply to farm laborers, domestic or menial servants 83 44 in lieu of all rights of action of workman against employer for accidents arising in and out of employment 11 14 list of industries under 3 4 PART II OF ACT, applies only to industries to which Part I does not apply 84 44 certain workmen employed in industries in Part I, but excluded therefrom, may be under Part II. . . .84 44 PAY-ROLL, accounts to be kept within Province 66 (4) 36 Board may prescribe form of 77 41 books and accounts re payroll open to inspection of Board or its officers 69 38 computing and adjusting amount of, to include only workmen within Part I 65 35 xii INDEX Sect. PAY-ROLL (Continued) estimate by Board may be final and conclusive. . . .66 (5) estimate of, by Board 54 (1) estimates to be furnished by employer 66 (1) failure of employer to furnish, Board may fix assessment 54 (1) persons tho’ not employers under Part I to furnish information to Board 66 (6) refusal or failure to furnish payroll statements. . . .66 (5) refusal or neglect to keep or produce for inspection or for purpose of auditing payrolls and accounts. 66 (5) to be kept in form required by Board 66 (4) verified statements to be furnished by employer. . . .66 (1) wages of certain officers in excess of stated amount may be excluded by regulation 65 PENALTIES, action for 79 added percentage 67 (1) Board may prescribe 78 default under Section 66 employer liable for full cost of accident 67 (2) failure to furnish payroll statement 67 (2) percentage penalties included in “amount of any assessment and any judgement with respect to same” recoverable under Summary Convictions Act or by action to be approved by Governor-in-Council to form part of Accident Fund when default excusable Board my relieve employer of any penalty under Section 67 PERSONAL INJURY PHYSICIANS AND SURGEONS (See Medical Aid) duty of, to assist workman to prove claim “ “ employer to notify Board of accident .... to furnish reports to Board a a u a u POLICE FORCE, not under Part 1 PRINCIPAL, duty to see contractor or sub-contractor contributes under Mechanics’ PREFERENCES, priority of assessments Winding Up Act, etc. PROOFS OF CLAIM, under Assignments Act, Page 36 32 36 32 37 36 36 36 36 35 42 37 42 37 37 certificate of be furnished doctor and other proofs to 76 ( 3 ) 41 79 42 78 42 79 42 67 ( 3 ) 38 7 6 43 ( 3 ) 27 43 (4) 27 15A (11) 17 43 ( 2 ) 27 3 5 75 40 74 ( 3 ) 40 74 (1) 40 75 f 40 [ 74 ( 3 ) 40 76 (1) 41 CO (2) 30 09 0 ) 27 INDEX xiii Sect. Page PRESUMPTIONS, as to accidents arising out of and in course of the employment ... 7 (2) 7 PRIORITY, of assessments and compensation, in case of insolvency, winding up or distribution of assets.. 76 41 lien, of assessments and judgments 76 (2) 41 PUBLIC SERVICE COMMISSION, may deduct assessment from contractor 73 39 QUESTIONS OF FACT, what are 31 (1) 20 “arising out of” average earnings 31 (1) 21 character of employment, establishment, etc 31 (1) 21 degree of disability 31 (1) 20 dependency 31 (1) 21 diminution of earning capacity 31 (1) 21 permanence of disability 31 (1) 20 relationship of member of family 31 (1) 21 whether employee within Part 1 31 (1) 21 whether employee entitled to compensation 31 (1) 21 RATES (See Assessments) differential rates in same class 60 34 special rates 60 34 REGULATIONS, Board may make necessary 77 41 defined 2 4 REPORT, annual, of Board to Government . .33 22 RESIDENCE, leave to reside out of Province 8B 12 of dependents, outside of Nova Scotia, when entitled 8B 12 workman ceasing to reside in Nova Scotia, effect of 8B 12 workman or dependent not residing or ceasing to reside in Nova Scotia, effect of 8B 12 RESERVES, assessment for contingent fund, sinking fund, equal- izing assessments, disaster fund 56 (1) 32 REPEAL of former Workmen’s Compensation Act. . .82 43 SECURITY, by temporary employer 57 (3) 33 SERIOUS AND WILFUL MISCONDUCT. when disentitles to compensation 7 6 SHARESMEN (See also Fishing) on fishing vessel 8A 12 SHAREHOLDER OF INCORPORATED COMPANY, compensation when limited 35 (4V 2 ) 24 xiv INDEX STATED CASE, Board may state a case for opinion of Court 31 (5) STATUTORY COVENANT, employer’s covenant with workman re work out of Province 8 workman’s covenant with employer re work out of Province 8 STEVEDORING, defined 2 SUMMARY CONVICTIONS’ ACT, penalties recoverable under 79 SURGICAL OPERATION, special, authorized by Board 45 (3) TEAMING. defined 2 TEMPORARY WORKMEN 6 TITLE OF ACT 2 TRAVELLING SALESMEN, not included in Part 1 3 UNSOUND MIND, PERSONS OF, compensation to 44 (1) WAGES, assessments on employer not to be deducted from wages 13 WAITING PERIOD, disability must last seven days 7 WIDOW, compensation increased after October 1, 1920 37A does not affect compensation of child .36 (2) WITNESSES, Board’s power to compel attendance of 25 WORK, carried on out of Province 8 WORKMAN, accident occuring out of Province 8 (( tt U t< 4< g cannot agree with employer to waive benefits .... 12 contribution to accident fund unlawful 13 defined 2 employer deemed, when admitted 5 (2) mine rescue training 2 rescuing or protecting life or property 2 rights of action, provisions of Part 1 to be in lieu of 11 against person other than employer . 9 election of workman or dependents 9 Page 21 7 7 4 42 29 4 6 5 28 14 6 25 25 19 7 7 9 14 14 4 6 4 4 14 13 13 INDEX Sect. WORKMAN (Continued) entitled to difference between amount recovered and compensation 9 none, against employer under Part 1 10 serious and wilful misconduct, when a bar to compensation 7 seriously disabled, serious and wilful misconduct excused 7 statutory covenant with employer 8 to submit to medical examination 48 (1) V