NOVA SCOTIA, 
 
 * 
 
 WITH AMENDMENTS TO MAY 17 th, 1919, 
 
 CONSOLIDATED. 
 
 HALIFAX, N. S. 
 KING’S PRINTER. 
 
•33l.'2 
 
 K 2 5 * 
 
 demote st , 
 
 st oraq e 
 
 THE 
 
 Workmen’s Compensation Act, 
 
 NOVA SCOTIA, 
 
 WITH AMENDMENTS TO 1919. 
 
 Note: For convenience the Workmen’s Com¬ 
 pensation Act passed in 1915 and all amendments 
 since that date, including the amendments passed 
 in May, 1919, have been consolidated by the Board. 
 The reference to amendments are shown in italics at 
 the end of the sections. Sections without such re¬ 
 ferences are unamended sections of Chapter 1 of the 
 Acts of 1915. The Workmen’s Compensation Act 
 although passed in 1915 did not become operative 
 as respects the payment of compensation until 
 January 1st, 1917. 
 
 The Acts included in this consolidation are as 
 follows: 
 
 Acts 1915, Chapter 1, passed April 23rd, 1915. 
 
 Acts 1916, Chapter 7, passed May 17th, 1916. 
 
 Acts 1917, Chapter'70, passed May 9th, 1917. 
 
 Acts 1917, Chapter 71, passed May 9th, 1917. 
 
 Acts 1918, Chapter 45, passed April 26th, 
 
 1919. 
 
 Acts 1919, Chapter 67, passed May 17th, 1919. 
 
2 
 
 Be it enacted by the Governor, Council, and 
 Assembly, as follows:— 
 
 PRELIMINARY. 
 
 1. This Act may be cited as the Workmen’s Com¬ 
 pensation Act. 
 
 2. In this Act— 
 
 (a) “accident fund” shall mean the fund 
 provided for the payment of compensation, 
 medical aid, outlays, and expenses under Part 1 
 of this Act. (1919, c. 67, s. 1). 
 
 (b) “association” shall mean any association 
 or body of employers whose constitution shall 
 have been approved by the Board as entitling 
 it to represent any of the classes provided for in 
 this Act or any sub-division or group of employers 
 in such class; 
 
 (c) “board” shall mean Workmen’s Com¬ 
 pensation Board; 
 
 (d) “construction” shall include reconstruc¬ 
 tion, repair, alteration and demolition; 
 
 < 
 
 (e) “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 incap¬ 
 acity due to the accident would have been so 
 dependent, but shall not include persons who 
 become dependents by reason of the marriage 
 of the injured workman between the date of 
 the accident and the death of the workman 
 resulting from such accident. (1919, c. 67, s. 2). 
 
 (f) “employer” includes every person having 
 in his service, under a contract of hiring or 
 apprenticeship, written or oral, expressed, or 
 implied, any person engaged in any work in or 
 about an industry within the scope of this Act 
 and in respect of any such industry includes 
 
3 
 
 Municipal Corporations, and the Crown as repre¬ 
 sented by the Province, and may include the 
 Crown as represented by the Dominion of 
 Canada in so far as it may in its capacity of 
 employer submit to the operation of this Act. 
 (1919 c. 67, s. 2). 
 
 (g) "employment” means and refers to the 
 whole or any part of any establishment, under¬ 
 taking, work, operation, trade or business within 
 the scope of this Act, and in the case of any 
 industry not as a whole within the scope of this 
 Act includes any department or part of such 
 industry as would if carried on separately be 
 within the scope of this Act; (1917 c. 70, s. 1). 
 
 (h) "industrial disease” shall mean any of the 
 diseases mentioned in the Schedule and any other 
 disease which by the Regulations is declared to^be 
 an industrial disease; 
 
 (i) "industry” shall include establishment, 
 undertaking, work, operation, trade, and business. 
 (1917 c. 70, s. 2). 
 
 (/) "invalid” shall mean physically or men¬ 
 tally incapable of earning; 
 
 (. k ) "member of the family” shall mean and 
 include wife, husband, father, mother, grand¬ 
 father, grandmother, stepfather, stepmother, son, 
 daughter, grandson, granddaughter, stepson, step¬ 
 daughter, 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 con¬ 
 sanguinity or not so related, and where the work¬ 
 man is the parent or grandparent of an illegiti¬ 
 mate child shall include such child, and where 
 the workman is an illegitimate child shall in¬ 
 clude his parents and grandparents; 
 
 (/) "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 sale in his own home or on 
 
4 
 
 
 other premises not under the control or manage¬ 
 ment of the person who gave out the articles or 
 materials; 
 
 (m) “regulations” shall mean regulations 
 made by the Board under the authority of this 
 Act; 
 
 (n) “workman” shall include a person who has 
 entered into or works under a contract of service 
 or apprenticeship, written or oral, expressed 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 direct¬ 
 ion or with the approval, expressed or implied, of 
 an employer in whose employment the person is 
 employed as a workman in that industry; and in 
 respect to any industry, shall include a person 
 while he is actually engaged in rescuing or pro¬ 
 tecting or attempting to rescue or protect life or 
 property in the case of an explosion, a fire, or an 
 accident, which endangers either life or property 
 in or about the industry in which such person 
 is employed, and should such person meet with 
 an accident while so engaged, such accident shall 
 be deemed to arise out of and in the course of 
 such person’s employment. (1917 c. 70, s. 3). 
 
 (o) (Repealed 1919 c. 67, s. 3). 
 
 (p) “teaming” shall include all kinds of 
 work done by workmen with teams, carts (in¬ 
 cluding hand carts), drays, trucks, cabs, carriages, 
 automobiles and other vehicles; (1917 c. 70, s. 4). 
 
 (q) “stevedoring” shall mean the loading or 
 unloading of vessels or railway cars; (1917 c. 70, 
 s. 4). 
 
 PART I. 
 
 SCOPE OF THIS PART. 
 
 3. This part shall apply to employers and work¬ 
 men in or about any operations carried on in a fac¬ 
 tory, and also to employers and workmen in or about 
 the industries of— 
 
5 
 
 Manufacturing, lumbering, river driving, mining, 
 quarrying, excavation, drilling with diamond drills, 
 fishing, canning, printing, building, construction, en¬ 
 gineering, transportation, navigation, stevedoring, 
 rafting of lumber, teaming, horse shoeing, scavenging, 
 street cleaning, handling of hides, painting, decorat¬ 
 ing, renovating, dyeing and cleaning, the operation 
 of any railway, tramway, telegraph, cable, or tele¬ 
 phone system, electric light or power plant or system, 
 gas works, water works, sewers, laundries, theatres, 
 packing houses, lumber yards, coal yards, refriger¬ 
 ating or cold storage plant, warehouses, elevators, 
 boats, ships, tugs, ferries, dredges, and any public 
 utility; and any occupation incidental to or immed¬ 
 iately connected with any of the industries or oper¬ 
 ations mentioned in this section. 
 
 Provided that, subject to Sections 5 and 6, this 
 part shall not apply to the following: 
 
 (a) persons engaged as travelling salesmen. 
 
 ( 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) persons employed by a city, town or 
 municipal corporation, as members of a police 
 force, or of a fire department; 
 
 (e) members of the family of the employer 
 who reside with the employer. 
 
 (1917c. 70, s. 5). 
 
 (1918 c. 45, sections 1, 2 and 23). 
 
 4. (Repealed 1918 c. 45, s. 3). 
 
 5. (1) Any industry or workman not within the 
 
 scope of this Part by virtue of section 3 may, on the 
 application of the employer, be admitted by the Board 
 as being within the scope of this Part on such terms 
 and conditions and for such period and from time 
 
6 
 
 to time as the Board may prescribe, and from and 
 after such admission and during the period of such 
 admission, such industry or workman shall be deemed 
 to be within the scope of this Part. 
 
 (2) Any employer in any industry within the 
 scope of this Part may be admitted on such terms and 
 conditions as for such period and from time to time 
 as the Board may prescribe as being entitled, for him¬ 
 self or his dependents as the case may be, to the same 
 compensation as if such employer were a workman 
 within the scope of this Part. 
 
 (3) Such admission may be made in such manner 
 and form as the Board may deem adequate and 
 proper. 
 
 6 . The Board may by regulation exclude from the 
 scope of this Part any industry or industries in which 
 not more than a stated number (fixed by regulation) - 
 of workmen, or workmen other than temporary 
 workmen, are employed, and may define the meaning 
 of “temporary workmen”. The Board may from 
 time to time revoke, alter, or modify any such reg¬ 
 ulation, provided that any industry so excluded may 
 be readmitted by the Board as being within the 
 scope of this Part. The Board may likewise exclude 
 the mayor, warden, clerk, treasurer, controllers, 
 councillors, and aldermen and other officers of a 
 city, town or municipality, and the president, vice- 
 president, directors and other officers of any company 
 without excluding the other persons in any industry. 
 (1919, c. 67, s. 4). 
 
 7. (1) Where, in any industry within the scope 
 of this Part, personal injury by accident arising out of 
 and in the course of employment is caused to a work¬ 
 man, compensation as hereinafter provided shall be 
 paid to such workman, or his dependents, as the case 
 may be, except where the injury— 
 
 (a) does not disable the workman for the per¬ 
 iod of at least seven days from earning full wages 
 at the work at which he was employed; or 
 
7 
 
 ( b ) is attributable solely to the serious and 
 wilful misconduct of the workman, unless the 
 injury results in death or serious and perma¬ 
 nent disablement. 
 
 (2) Where the accident arose out of the employ¬ 
 ment, unless the contrary is shown, it shall be pre¬ 
 sumed that it occurred in the course of the employ¬ 
 ment, and where the accident occurred in the course 
 of the employment, unless the contrary is shown, it 
 shall be presumed that it arose out of the employ¬ 
 ment. 
 
 (3) Where compensation for disability is payable 
 it shall be computed and be payable from the date of 
 the disability. 
 
 8. (1) Every contract entered into in Nova 
 
 Scotia whereby the relationship of employer and 
 workman as defined by this Act arises in an industry 
 which if carried on in Nova Scotia would be within the 
 scope of Part 1, having regard to any regulations 
 made by the Board for the exclusion or inclusion of 
 any industry or industries, shall, unless there be 
 an expressed agreement in writing to the contrary 
 signed by the workman, be subject to and be deemed 
 to include the following covenant on the part of the 
 workman with his. employer, which covenant shall 
 bind the workman, his heirs, executors, administra¬ 
 tors and assigns as effectually as if made in writing 
 and under seal: viz:— 
 
 Workman s Covenant with Employer . 
 
 “The workman, for valuable consideration and as 
 a condition of his being employed, covenants with 
 the employer that, in the event of an accident hap¬ 
 pening to such workman while employed elsewhere 
 than in Nova Scotia and while the workman and the 
 industry carried on out of Nova Scotia in which he 
 is so employed are within the scope of Part One of the 
 Workmen’s Compensation Act of Nova Scotia, he 
 will accept the provisions of Part One of said Act in 
 lieu of all rights and rights of action, statutory or 
 otherwise, which he may have or to which he may 
 become entitled against fiis employer, and that he 
 
8 
 
 will not commence or prosecute any action or other 
 proceeding against his employer, by reason of such 
 accident or any injury resulting therefrom, and that 
 this covenant and Section 8 of the Workmen’s 
 Compensation Act may be pleaded as a bar to or 
 otherwise made use of to defeat or stay any action 
 or proceeding that the workman may commence 
 against the employer within or without Nova Scotia.” 
 (Not in force until January Is/ 1920. See 1'919 c. 67, 
 s. 19). 
 
 (2) (a) Every contract, entered into in Nova 
 
 Scotia, whereby the relationship of employer and 
 workman as defined by this Act arises, in an industry 
 to which this subsection is made to apply by virtue 
 of subsection (b) hereof and whereby the workman 
 agrees to perform or by virtue of which he does 
 perform any work or services out of Nova Scotia, 
 shall, unless there be an agreement to the contrary in 
 writing signed by the workman, be deemed to include 
 and be subject to the following covenant on the 
 part of the employer with the w r orkman, w r hich shall 
 bind the employer, his heirs, executors, administrators, 
 successors, and assigns, as fully and as effectually 
 as if executed in writing by the employer and under 
 seal: viz,-— 
 
 Employer's Covenant with Workman. 
 
 “Subject to the provisions of Section 8 of the 
 Workmen’s Compensation Act the employer, for 
 valuable consideration and as a condition of the 
 workman’s consent to perform or of his performing 
 w'ork or services out of Nova Scoria, covenants with 
 the workman that before the workman shall be re¬ 
 quired or permitted by the employer to perform any 
 w^ork or services out of Nova Scotia in the industries 
 set forth in subsection (b) hereof, he (the employer) 
 shall apply to the Workmen’s Compensation Board 
 of Nova Scotia to have the industry in which such 
 w r orkman is employed, admitted as being within the 
 scope of Part One of the Workmen’s Compensation 
 Act—if the same be not then within the scope of 
 said Part— and that the employer shall furnish all 
 information and pay such assessments as may be 
 required to obtain a certificate of admission from the 
 
9 
 
 Board, and if such industry be so admitted or is at 
 the time within the scope of said Part that the employ¬ 
 er shall pay all assessments and furnish information 
 required by the Board to keep such industry within 
 the scope of said Part during the whole period of the 
 workman’s employment in such industry, and that 
 if the employer refuses, neglects, or fails to perform 
 any of the foregoing covenants, the workman, and in 
 case of his death his dependents, shall in the event 
 of any accident happening to such workman while 
 employed in such industry, out of Nova Scotia, be 
 entitled to recover in an action from the employer 
 an amount equal to the compensation or the capital¬ 
 ized amount of compensation that would be payable 
 under said Act if the industry were within the scope 
 of Part One of said Act at the time of the accident. ” 
 (Not in force until Janaury 1st 1920. See 1919, c. 67, 
 s. 19). 
 
 (b) The foregoing subsection (a) hereof shall 
 apply to the industries of “navigation” and “fishing,” 
 and then only to the work or sendees performed or 
 to be performed by a workman, as an officer or mem¬ 
 ber of the crew of a ship registered in Nova Scotia 
 or operated by an employer residing or having a place 
 of business in Nova Scotia, and for the period that 
 the operations of the ship are confined to the making 
 of voyages or trips between places in Nova Scotia 
 and places in New Brunswick, or Prince Edward 
 Island, or Newfoundland, or to the making of fishing 
 trips or voyages from ports or places in Nova Scotia. 
 (Not in force until January 1st 1920, See 1919, c. 67 
 s. 19). 
 
 (3) An industry carried on out of Nova Scotia 
 shall be within the scope of this Part when the Board 
 has, upon application of the employer, admitted such 
 industry so carried on out of Nova Scotia as being 
 within the scope of this Part and has issued a certif¬ 
 icate to that effect, and then only during the period 
 of and subject to the terms stated in such certificate. 
 The admission of such industry and the granting 
 of such certificate shall be in the discretion of the 
 Board. 
 
10 
 
 (4) (a) Where an accident happens while the 
 workman is employed elsewhere than in Nova Scotia, 
 which would entitle him or his dependents to com¬ 
 pensation under this Part if it had happened in Nova 
 Scotia, the workman or his dependents, as the case 
 may be, shall. be entitled to compensation under 
 this Part if the industry carried on out of Nova Scotia 
 at the time of the accident is within the scope of this 
 Part by virtue of subsection (3) of this section. 
 
 ( b ) Section 11 of this Act shall apply to the de¬ 
 pendents of such workman whose death results from 
 such accident, and the workman or his dependents 
 so far as they are within the jurisdiction of the 
 Supreme Court of Nova Scotia may be restrained or 
 enjoined from commencing or prosecuting any action 
 or proceeding within or without Nova Scotia, and the 
 production of a certificate from the Board that the 
 workman and the industry, in which such workman 
 was employed at the time of the accident, were within 
 the scope of Part 1 shall be sufficient proof of that tact. 
 
 (5) A workman or his dependents, as the case 
 may be, who would be entitled to compensation 
 under this Part but for the refusal, neglect, or failure 
 of an employer within the provisions of this section 
 to perform the statutory covenant set forth in said 
 section shall be entitled to recover compensation 
 from such employer, and such employer shall be 
 personally liable for the payment of compensation 
 to such workman or his dependents as provided by 
 said statutory covenant of the employer and the 
 provisions of this Part. (Not in force until January 
 1st 1920. See 1919, c. 67, s. 19). 
 
 (6) This section shall not apply to such part of 
 an industry as is carried on out of Nova Scotia nor 
 to a workman engaged therein for the period that 
 such industry and such workman are within the 
 scope and operation of a Workmen’s Compensation 
 Act in force in the jurisdiction out of Nova Scotia 
 in which such industry is carried on, and under 
 which the workman, if injured, is required to accept 
 the provisions of that Act in lieu*of any action against 
 
11 
 
 the employer and under which the employer has been 
 or may be compulsorily assessed with respect to such 
 industry. 
 
 (7) (a) If notwithstanding the provisions of 
 this section the workman or his dependents are, by 
 the law of the country or place in which the accident 
 happens, entitled to proceed by action or other 
 proceedings in any court against the employer per¬ 
 sonally to recover damages or compensation against 
 the employer in respect of such accident; or 
 
 (b) If in the opinion of the Board the law of such 
 country or place is doubtful in that respect; or 
 
 (c) If any demand for damages had been made 
 upon or any notice of action has been given to the 
 employer with respect to any accident in respect of 
 which compensation is payable under this Part; or 
 
 (d) If an action or other proceedings in any 
 country or place outside of Nova Scotia has been 
 commenced; 
 
 no compensation shall be payable under this Part 
 in the cases mentioned in ( a ) and (b) of this subsection, 
 unless an election be first made to claim compensation 
 under the provisions of this Part in lieu of all claims 
 and rights under the law of such other country or 
 place, and unless such undertaking be given as the 
 Board may require that no action or other proceed¬ 
 ings will be commenced against the employer for dam¬ 
 ages, or to attach or levy upon any property, of the 
 employer in such country or place; and in the cases 
 mentioned in (c) and (d) hereof any compensation 
 that the person making such demand or commencing 
 such action or proceeding would otherwise be entitled 
 to under this Part, may be forfeited in whole or in 
 part by the Board in its discretion, and the Board 
 may pay to the employer such amount, not to exceed 
 the amount forfeited, as was actually paid out by 
 the employer by reason of such actionor proceeding. 
 
12 ' 
 
 (8) Except as provided by this section, no com¬ 
 pensation shall be payable under this Part where the 
 accident to the workman happens elsewhere than in 
 Nova Scotia, and the amount of compensation pay¬ 
 able under this section to ally person residing out of 
 the Province at the time of the accident shall not 
 exceed the amount that would be payable to such 
 person under the laws of the country or place in which 
 the accident happens. (1919, c. 67, 5. 5). 
 
 (9) In the case of a non-fatal accident happening 
 to a workman employed on board of any vessel, 
 compensation shall not be payable under this Part, 
 for the period that the owner of the vessel is, under 
 the Merchant Shipping Act and amendments thereto 
 or otherwise, liable to defray the expeises of main¬ 
 tenance of the injured workman, and in the case of a 
 fatal accident where the owner of the vessel is liable 
 to pay the expenses of burial, such expenses shall not 
 be payable out of the accident fund. (1917, c . 70, 
 5 . 23). 
 
 8A. (a) In respect to the industry of fishing, a 
 
 person who becomes a member of the crew of a ship 
 registered in Nova Scotia under an agreement to 
 prosecute a fishing voyage or voyages in the capacity 
 of a sharesman, or who is described in the shipping 
 Articles as a sharesman, or who agrees to accept in 
 payment of his services any share or proportion oi 
 the proceeds or profits of the venture, with or without 
 other renumeration, shall be considered and deemed 
 to be a workman within the meaning of this Part. 
 (Notin force until January 1st 1920. See 1919, c. 67 s. 19). 
 
 (b) The owners of or persons operating the ship 
 referred to in ( a ) hereof shall be deemed to be em¬ 
 ployers within the meaning of this Part. (Not in 
 force until January 15/ 1920). 
 
 (c) Members of the crew of such ship who are re¬ 
 munerated for their services in the manner mentioned 
 in (a) hereof shall, for the purposes of assessments 
 under this Part, be deemed to earn wages at the rate 
 of $1200 a year, and in case of accident where the 
 compensation payable depends upon the earnings or 
 
13 
 
 average earnings of such workman, he shall be 
 deemed to earn at the rate of S1200 a year. (Not 
 in force until January 1st 1920). 
 
 (d) Assessments paid or payable in respect of such 
 industry shall be borne wholly by the employers. 
 (1919 c. 67, 5. 5). (Not in force until January 1st 
 
 192h). 
 
 9 
 
 8B. Where it appears that by the laws of any 
 other province, country, or jurisdiction, a workman 
 or his dependents, if resident in Nova Scotia, would 
 be entitled in respect of death or injury in such prov¬ 
 ince, country or jurisdiction to compensation (as 
 distinguished from damages) the Board may order 
 that payments of compensation under this Act may 
 be made to persons resident in such province, country, 
 or jurisdiction in respect of any workman killed or 
 injured in Nova Scotia; provided, however, that if 
 the compensation payable under the laws of such 
 other province, country, or jurisdiction be less than 
 the compensation payable under this Part, the Board 
 may reduce the amount of compensation accordingly. 
 Provided that the Board may upon application grant 
 leave from time to time to any workman, or dependent 
 resident in Nova Scotia at the time of the accident, 
 to reside out of Nova Scotia without thereby forfeit¬ 
 ing the right to compensation payments under this Act. 
 Except as in this section provided, nothing in this 
 Act shall entitle any person not resident in Nova 
 Scotia to compensation payments under this Part 
 with respect to an accident happening within Nova 
 Scotia. (1919, c. 67 5 . 5). 
 
 9. (1) Where an accident happens to a'workman 
 
 in the course of his employment in such circumstances 
 as entitle him or his dependents to an action against 
 some person other than his employer, the workman 
 or his dependents if entitled to compensation under 
 this Part may claim such compensation or may brin§ 
 such action. 
 
 ‘ r 
 
 (2) If such workman or his dependents bring such 
 action and less is recovered and collected than the 
 amount of the compensation to which such workman 
 or dependents would be entitled under this Act, such 
 
14 
 
 workman or dependents shall be entitled to compen¬ 
 sation under this Part to the extent of the amount 
 or amounts of such difference. 
 
 (3) If such workmen or dependents, or any of them 
 have claimed compensation under this Part, the Board 
 shall be subrogated to the position of such workman or 
 dependent as against such other person for the whole 
 or any outstanding part of the claim of such workman 
 or dependent against such other person. 
 
 10. In any case within the provisions of Section 9, 
 sub-section (1), neither the workman nor his depend¬ 
 ents, nor the employer of such workman, shall have 
 any right of action in respect of such 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 em¬ 
 ployer in any class is injured or killed owing to the 
 negligence of an employer or of a workman of an 
 employer in another class within the scope of this 
 Par*-, the Board may direct that the compensation 
 awarded in such case shall be charged against the last 
 mentioned class. (1917, c. 70, s. 9). 
 
 11. The provisions of this part shall be in lieu 
 of all rights and rights of action, statutory or other¬ 
 wise, to which a workman or his dependents are or 
 may be entitled against the employer of such workman 
 in or by reason of any accident in respect of which 
 compensation is payable hereunder, and no action 
 in respect to such accident shall lie. (Amended by 
 s. 18, c. 7, Acts 1916). 
 
 12. 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 Part, and every agreement 
 to that end shall be absolutely void. 
 
 13. It shall not be lawful for an 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 ac¬ 
 cident fund or otherwise under this Part, or to require 
 or to permit any of his workmen to contribute in any 
 
15 
 
 manner towards indemnifying the employer against 
 any liability which he has incurred or may incur 
 under this Part. 
 
 14. Unless with the approval of the Board, no sum 
 payable as compensation or by way of commutation of 
 any periodical payment in respect of it shall be cap¬ 
 able of being assigned, charged or attached, nor shall 
 it pass by operation of law except to a personal re¬ 
 presentative, nor shall any claim be set off against it. 
 
 15. (1) No compensation shall be payable under this 
 Part in respect^of any injury unless application for 
 such compensation is made within one year after the 
 occurrence of the injury. 
 
 (2) Unless a person applying for compensation 
 establish his right thereto to the satisfaction 
 of the Board within 15 months from the date of the 
 accident no compensation shall be payable to him 
 under this Part with respect to such accident. (1919 
 c. 67 s. 7). 
 
 Medical Aid. 
 
 (Comes into force January 1st 1920). 
 
 15A. (1) Every workman entitled to compen¬ 
 sation under this Part, or who would have been so 
 entitled had he been disabled for seven days, shall 
 be entitled during the period of thirty days from the 
 date of the disability, to such medical and surgical 
 aid and hospital and skilled nursing services as may 
 be necessary as a result of the injury. 
 
 (2) In this Act ‘‘medical aid” shall mean the 
 medical and surgical aid and hospital and skilled 
 nursing services above mentioned. 
 
 (3) Such medical aid shall be furnished or ar¬ 
 ranged for by the Board or as it may direct or approve, 
 and shall at all times be subject to the supervision and 
 control of the Board, and shall be paid for by the 
 Board out of the Accident Fund or as herein other¬ 
 wise provided, and such amount as the Board may 
 consider necessary shall be included in the assess¬ 
 ment levied upon the employers. 
 
(4) All questions as to the necessity, character, 
 and sufficiency of any medical aid furnished or to be 
 furnished shall be determined by the Board. 
 
 (5) The fees or charges for such medical aid 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 any medical aid herein provided 
 for. 
 
 (6) It shall not be lawful for any employer, direct¬ 
 ly or indirectly, to collect or receive or retain fro ti any 
 workman any contribution toward the expense of 
 medical aid, and every person contravening this 
 provision shall, for every such contravention, be 
 liable to a penalty not exceeding $50. and shall also 
 be liable, upon the order of the Board, to reimburse 
 the workman treble the amount of any sum so collect¬ 
 ed, received, or retained, provided that it shall not 
 be considered a contravention of this section for 
 the employer to receive or collect a contribution 
 from a workman under any arrangement approved 
 by the Board. 
 
 (7) Where any employer has now established or 
 hereafter establishes in connection with any in¬ 
 dustry carried on by him an arrangement for furnishing 
 medical aid to his workmen which in the opinion of 
 the Board is at least as favorable to the workmen as 
 that herein provided for, the Board, after investigat¬ 
 ing the facts and considering the wishes of both the 
 workmen and employer, may approve such arrange¬ 
 ment, and pending such investigation the Board may 
 provisionally approve such arrangement, and as 
 long as such approval remains unrevoked such 
 arrangement may be continued in lieu of the medical 
 aid herein provided for, and the employer shall be 
 entitled to such reduction in his rate of assessment 
 as the Board shall deem just. 
 
 (8) Nothing in this Act shall affect any obligation 
 upon the employer under any other Statute or any 
 regulation made thereunder. 
 
 (9) Employers in any industries in which it is 
 deemed proper may be required by the Board to 
 
17 
 
 maintain as may be directed by the Board such first 
 aid appliances and services, and such transportation 
 for an injured workman, as the Board may direct, 
 and the Board may make such order or regulation 
 respecting the same and how the expense thereof 
 shall be borne as may be deemed just. 
 
 (10) Where in conjunction with or apart from the 
 medical aid to which workmen are to be entitled free 
 of charge, further or other service or benefit is, or 
 is proposed to be, given or arranged for, any question 
 arising as to whether or to what extent any contrib¬ 
 ution from workmen is, or would be one prohibited 
 by this Act shall be determined by the Board. 
 
 (11) Every physician, surgeon, and hospital of¬ 
 ficial attending, consulted respecting, or having the 
 care of any workman, shall furnish to the Board 
 from time to time, without additional charge, such 
 reports as may be required by the Board in respect of 
 such workman. 
 
 (12) 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 
 for the purpose of the Sick Mariner’s Fund under 
 Part V of the “Canada Shipping Act” being Chapter 
 113 of the “Revised Statutes of Canada 1906” the 
 provisions of subsections (1) to (5) shall not apply 
 to such wotkman during the period in respect of which 
 such duty has been paid or is payable, or during 
 which the workman is entitled to medical and sur¬ 
 gical attendance and other treatment under said 
 Act. 
 
 (13) It shall not be lawful for a physician, surgeon, 
 or other person, entitled to be paid by the Board 
 under this Part for any services performed or for 
 any medicines or materials supplied, to make any 
 charge or claim against the injured workman, the 
 employer, or any person, other than the Board, for 
 such services, medicines, or materials. (1919, c. 67 
 
 5 . 8 ). 
 
18 
 
 THE WORKMEN’S COMPENSATION BOARD 
 
 16. There is hereby constituted a commission for 
 the administration of this Part to be called “The 
 Workmen’s Compensation Board,” which shall con¬ 
 sist of three members to be appointed by the Gover- 
 nor-in-Council, and shall be a body corporate. 
 
 _ • 
 
 17. (1) One of the commissioners shall be ap¬ 
 pointed by the Governor-in-Council to be the chair¬ 
 man of the Board, and he shall hold that office while 
 he remains a member of the Board, and another of the 
 commissioners shall be appointed by the Governor- 
 in-Council, vice-chairman of the Board. 
 
 (2) In the absence of the chairman, or in case of his 
 inability to act, or if there is a vacancey in the office, 
 the vice-chairman may act as and shall have all the 
 powers of the chairman. 
 
 18. (1) In the case of the death, illness, or ab¬ 
 sence from Nova Scotia of a commissioner orcfhis in¬ 
 ability to act from any cause, the Governor-in-Coun- 
 cil may appoint some person to act pro tempore in his 
 stead, and the person so appointed shall have all the 
 powers and perform all the duties of a commissioner. 
 
 (2) Sub-section (1) shall apply in the case of the 
 chairman of the Board as well as in the case of any 
 other member of it. 
 
 19. Where the vice-chairman appears to have act¬ 
 ed for or instead of the chairman, it shall be conclusive¬ 
 ly presumed that he so acted for one of the reasons 
 mentioned in the next preceding sub-section. 
 
 20. Each commissioner shall, subject to section 
 21, hold office during good behavior, but may be re¬ 
 moved at any time for cause. 
 
 21. Unless otherwise directed by the Governor-in- 
 Council, a commissioner shall cease to hold office 
 when he attains the age of 75 years. 
 
 22. The salary of the chairman, of the vice-chair¬ 
 man and of the other commissioner shall be deter- 
 
19 
 
 mined by the Governor-in-Council, and such salaries 
 shall be payable out of the Provincial revenue. 
 
 23. The presence of two commissioners shall 
 be necessary to constitute a quorum of the Board. 
 
 24. A vacancy in the Board shall not, if there re¬ 
 main two members of it impair the authority of such 
 two members to act. 
 
 25. The Board shall have the like powers as the 
 Supreme Court for compelling the attendance of wit¬ 
 nesses and of examining them under oath, and compel¬ 
 ling the production of books, papers, documents and 
 things. 
 
 26. The offices of the Board shall be situated in the 
 City of Halifax, and its sittings shall be held there, ex¬ 
 cept where it is expedient to hold sittings elsewhere, 
 and in that case sittings may be held in any part of 
 Nova Scotia. 
 
 27. The commissioners shall sit at such times and 
 conduct their proceedings in such manner as they may 
 deem most convenient for the proper discharge and 
 speedy dispatch of business. 
 
 28. (1) The Board shall appoint a secretary and 
 a chief medical officer, and may appoint such auditors, 
 actuaries, accountants, inspectors, officers, clerks 
 and servants as the Board may deem necessary for 
 carrying out the provisions of this part, and may pre¬ 
 scribe their duties, and, subject to the approval of the 
 Governor-in-Council, may fix their salaries and pay 
 the same out of the accident fund. 
 
 (2) Every person so appointed shall hold office 
 during the pleasure of the Board. 
 
 29. (1) The Board may act upon the report of 
 any of its officers, and any inquiry which it shall be 
 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, 
 and the Board may act upon his report as to the re¬ 
 sult of the inquiry. 
 
20 
 
 (2) The person appointed to make the inquiry 
 shall for the purposes of the inquiry have all the powers 
 conferred upon the Board by section 25. 
 
 30. (1) The Board shall have jurisdiction to in¬ 
 quire into, hear and determine all matters and ques¬ 
 tions of fact and law necessary 7 to be determined in 
 connection with compensation payments and the ad¬ 
 ministration thereof, and the collection and manage¬ 
 ment of the funds therefor. 
 
 (2) The Board may in its discretion invest any 
 funds arising under any provisions of this Part, and 
 under its control, in any securities which are under the 
 “Trustee Act” a proper investment for trust funds. 
 
 (3) The funds, investments and income of the 
 Board shall be free from every form of taxation. 
 (1918, c. 45, 5. 4). 
 
 31. (1) Except as stated in sub-sections (2) and 
 (5) of this section, the decisions and findings of the 
 Board upon all questions of law and fact shall be final 
 and conclusive, and in particular, but not so as to re¬ 
 strict the generality of the powers of the Board here¬ 
 under, the following shall be deemed to be questions 
 of fact— 
 
 (a) The question whether an injury has arisen 
 out of or in the course of an employment within 
 the scope of this Act; 
 
 (b) The existence and degree of disability by 
 reason of any injury; 
 
 (c) The permanence of disability by reason ol 
 any injury; 
 
 (d) The degree of diminution of earning cap¬ 
 acity by reason of any injury; 
 
 (e) The amount of average earnings; 
 
 (f) The existence of the relationship of a 
 member of the family as defined by this Act. 
 (1918 c. 45, 5. 5). 
 
21 
 
 (g) The existence of dependency; 
 
 ill) The character, for the purpose of this 
 Act, of any employment, establishment or de¬ 
 partment and the class to which such employ¬ 
 ment, establishment or department should be 
 assigned; 
 
 (i) Whether or not any employee in any in¬ 
 dustry within the scope of this Part is within the 
 scope of this Part and entitled to compensation 
 thereunder. 
 
 (2) An appeal shall lie to the Supreme Court in 
 banco from any final decision of the Board upon any 
 question as to its jurisdiction or upon any questions of 
 law, but such appeal can be taken only by permission 
 of a judge of the said court, given upon a petition pre¬ 
 sented to him within fifteen days after the rendering 
 of the decision, and upon such terms as said judge 
 may determine. Notice of such petition shall be 
 given to the Board, at least two clear days before the 
 presentation of such petition. 
 
 (3) Where an appeal has been granted, the appeal 
 shall be brought by notice served on the chairman 
 or vice-chairman of the Board within ten days after 
 the permission to appeal has been granted. The 
 notice shall contain the names of the parties and the 
 date of the order appealed from, and such other part¬ 
 iculars as the judge granting the appeal may require. 
 
 (4) On the hearing of such appeal any association 
 representing a class interested in the result of the case 
 shall be entitled to appear and be heard. 
 
 (5) The Board may of its own motion state a case 
 in writing for the opinion of the Supreme Court in 
 banco upon any question which in the opinion of the 
 Board is a question of law. 
 
 (6) The Supreme Court shall hear and determine 
 the question or questions of law arising thereon and 
 remit the matter to the Board, with the opinion of 
 the Court thereon. 
 
22 
 
 (7) No costs shall be awarded in any appeal or 
 case stated under this section. 
 
 32. The accounts of the Board shall be audited by 
 an auditor appointed by the Governor-in-Council for 
 that purpose, and the salary or renumeration of such 
 auditor shall be fixed by the Governor in-Council 
 and paid by the Board. (1918 c. 45, 5. 6). 
 
 33. The Board shall on or before the 1st day of 
 March in each year make a report to the Provincial 
 Secretary of its transactions during the next preced¬ 
 ing calendar year, and such report shall contain such 
 particulars as the Governor-in-Council may prescribe. 
 
 34. (1) All expenses incurred in the administ¬ 
 ration of this Part shall be paid out of the accident 
 fund. 
 
 (2) To assist in defraying the expenses incurred in 
 the administration of this Part, there shall be paid to 
 the accident fund out of the Provincial treasury such 
 annual sum, not exceeding $25,000, as the Governor- 
 in-Council may direct. 
 
 SCALE OF COMPENSATION 
 
 35. (1) Where death results from an injury the 
 amount of compensation shall be— 
 
 (a) The necessary expenses of the burial of the 
 workman, not exceeding $75.00; 
 
 (b) Where the widow or an invalid widower 
 is the sole dependent, a monthly payment of $20. 
 (1917, c. 70s. 11). 
 
 (c) Where the dependents are a widow or an 
 invalid widower and one or more children, a 
 monthly payment of $20, with an additional 
 monthly payment of $5 for each child under the 
 age of 16 years, not exceeding in the whole $40; 
 
 (d) Where the dependents are children, a 
 monthly payment of $10 to each child under the 
 age of 16 years not exceeding in the whole 40$; 
 
(e) Where the dependents are persons othei 
 than those mentioned in the foregoing clauses, a 
 sum, reasonable and proportionate to the pecuni¬ 
 ary loss to such dependents occasioned by the 
 death, to be determined by the Board, but not 
 exceeding $20 per month to a parent or parents, 
 and not exceeding in the whole $30 per month. 
 
 (f) Where compensation is payable to or for 
 a child under (c) or (d) or under Section 37 (2), 
 no additional compensation shall be payable 
 with respect to such child by reason of the sub¬ 
 sequent death of a parent, step-parent or other 
 person standing in loco parentis to such child. 
 (1919 c. 67 s.9). 
 
 (2) In the case provided for in clause (e) ol sub¬ 
 section 1, the payments 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 de¬ 
 pendents. 
 
 (3) Where there are both total and partial depend¬ 
 ents the compensation may be allotted partly to the 
 total and partly to the partial dependents. 
 
 (4) Exclusive of the expenses of burial, the com¬ 
 pensation payable as provided by sub-section 1 shall 
 not in any case exceed 55 per cent, of the average earn¬ 
 ings of the workman, and if the compensation pay¬ 
 able under that sub-section would in any case exceed 
 that percentage it shall be reduced accordingly and 
 where several persons are entitled to monthly pay¬ 
 ments the payments shall be reduced proportionately. 
 This sub-section shall not apply to compensation 
 payable under clause (c) of sub-section (1). (1918, 
 c. 45, s. 24). 
 
 (5) Where death results from an injury, any com¬ 
 
 pensation payable with respect to any portion of the 
 period between the date of the injury and the date of 
 the death may be paid by the Board to the widow or to 
 such of the dependents of the deceased workman as 
 the Board may deem advisable, and in case of minors 
 or persons of unsound mind, payment may be made as 
 provided in Section 44. (1917 c. 70, 5. 10.) 
 
24 
 
 (6) Any compensation payable to a dependent 
 who dies before such compensation is paid may be 
 paid to such member or members of the family of 
 the deceased dependent* or to such person or persons 
 caring or providing for the deceased dependent prior 
 to his or her decease, as the Board may deem advisable. 
 (1919 c. 67 5 . 10). 
 
 36. (1) If a dependent widow marries she shall 
 be entitled to have the monthly payments to her 
 continued for a period of two years from the date of 
 the marriage, or in the discretion of the Board to 
 a lump sum equal to such payments, and upon the , 
 payment of same all payments of compensation to 
 her shall cease. (1919 c. 67 s. 11). 
 
 (2) Sub-section 1 shall not apply to payments to 
 a widow in respect of a child. 
 
 37. (1) Payments in respect of a child shall cease 
 when the child attains the age of 16 years or dies. 
 
 Compensation shall be payable to an invalid 
 child without regard to the age of such child, ^nd pay¬ 
 ments to such child shall continue so long as in the 
 opinion of the Board it might reasonably have been 
 expected had the workman lived he would have con¬ 
 tinued to contribute to the support of such child. 
 
 (1917, c. 71, s. 2). 
 
 (2) Where a payment to any one of a number of 
 dependents ceases, the remaining dependents shall be 
 entitled to receive the same compensation as though 
 they had been the only dependents at the time of the 
 death of the workman. 
 
 This sub-section shall not apply where a payment 
 ceases by reason ofthe remarriage of a widow. (1918 
 c. 45, 5. 7.) 
 
 38. Where permanent total disability results from 
 
 the injury the amount of the compensation shall be a 
 periodical payment during the life of the workman 
 equal to 55 per cent, of his average earnings. (1917 
 c. 70, 12). 
 
 (2) The compensation awarded under this section 
 shall not be less than an amount equal to five dollars 
 
25 
 
 per week, unless the workman’s average earnings are 
 less than five dollars per week, in which case he shall 
 receive compensation in an amount equal to his aver¬ 
 age earnings. (1917, c. 71, s. 1). 
 
 i 
 
 39 . (1) Where permanent partial disability res¬ 
 ults from the injury, the compensation shall be a 
 periodical payment of such amount as the Board 
 considers represents 55 per cent, of the difference in 
 the earning capacity of the workman before the 
 accident and his earning capacity after the accident, 
 having regard to the degree of disability, the age of 
 the workman, and his average earnings at the time 
 of the accident, and shall be payable during the life¬ 
 time of the workman. (1919, c. 67 s. 12). 
 
 (2) Notwithstanding the provisions of sub-section 
 (1), where in the circumstances the amount which the 
 workman is able to earn after the accident has not 
 been diminished, the Board may, nevertheless, rec¬ 
 ognize an impairment of earning capacity. (1919, c. 
 67 5. 12). 
 
 40 . (1) Where temporary total disability results 
 from the injury, the compensation shall be the same 
 as that prescribed by section 38, but shall be payable 
 only so long as the disability lasts. 
 
 (2) Where temporary partial disability results 
 from the injury the compensation shall be a periodical 
 payment of 55 per cent, 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 bus¬ 
 iness after the accident and shall be payable so long 
 as the disability lasts. (1919, c. 67 s. 13). 
 
 41 . “Average earnings” and “earning capacity’’ 
 shall mean and refer to the average earnings or earning 
 capacity at the time of the injury, and may be calcul¬ 
 ated upon the daily, weekly or monthly wages or other 
 regular renumeration, which the workman was re¬ 
 ceiving at the time of the injury, or upon the average 
 yearly earnings of the workman for three years prior 
 to the injury, or upon the probable yearly earning 
 capacity of the workman at the time of injury as 
 
26 
 
 may appear to the Board best to represent the actual 
 loss of earnings suffered by the workman by reasoi of 
 the injury, but not so as in any case to exceed the 
 rate of $1200 per year. 
 
 42. (1) In fixing the amount of a weekly or 
 monthly payment 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. 
 
 (2) Where compensation is payable, any sum 
 deducted from the compensation under sub-section (1) 
 may be paid to the employer out of the accident fund. 
 
 43. (1) Where any workman or dependent is en¬ 
 titled to compensation under this Part he shall file 
 with the Board an application for such compensation, 
 together with the certificate of the attending phy¬ 
 sician, if any, and such further or other proofs of his 
 claim as may be required by the Board. 
 
 (2) It shall be the duty of every physician or. 
 surgeon attending or consulted upon any case of in¬ 
 jury to any workman to funish or cause to be fur¬ 
 nished from time to time such reports, and in such 
 form as may be required by the Board in respect of 
 such injury. 
 
 (3) It shall also be the duty of every physician in 
 attendance upon any injured workman to give all rea¬ 
 sonable and necessary information, advice and assist¬ 
 ance to enable such workman or his dependents, as the 
 case may be, to make application for compensation, 
 and to furnish such proofs as may be required by the 
 Board. 
 
 (4) It shall be the duty of every employer, within 
 three days alter the happening of an accident to a 
 workman in his employment by which the workman 
 is disabled from earning full wages, to notify the 
 Board in writing of the— 
 
 (a) happening of the accident and nature of it; 
 
 (b) time of its occu rence; 
 
27 
 
 ( c ) name and address of the workman; 
 
 (d) place where the accident happened; 
 
 (e) name and address of the physician or sur¬ 
 geon, if any, by whom the workman was or is at¬ 
 tended for the injury; 
 
 (/) any other particulars required by the 
 Board. (1917,. c70, s. 13). 
 
 (5) It shall be the duty of the employer to make 
 such further and other reports respecting such acci¬ 
 dent and workman as may be required by the Board. 
 
 44. (1) Payments of compexisation shall be made 
 in such manner and in such form as may appear to 
 the Board to be most convenient, 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, 
 are best qualified in all the circumstances to admin¬ 
 ister such payment, whether or not the person to whom 
 the payment is made is the legal guardian of such 
 minor or person of unsound mind. 
 
 (2) If a person entitled to compensation is com¬ 
 mitted to an insane asylum or to axiy jail or prison, 
 compensation shall not be payable for the period of 
 confinement therein, provided that the Board may 
 pay the whole or any part of the compensation so 
 withheld, to any dependent or dependents of the 
 person so confined, and provided that in the case of a 
 person committed to prison for an indictable offence 
 compensation may at the discretion of the Board 
 be entirely forfeited. (1919, c. 67 s. 14). 
 
 45. (1) The Board may, in its discretion, com¬ 
 mute the whole or any part of the payments due or 
 payable to the workman or any beneficiaries for a 
 lump sum in lieu of such payments to be applied as 
 directed by the Board. 
 
 (2) The Board may, in its discretion, instead of 
 paying any compensation payable in a lump sum, 
 divide the compensation into periodical payments. 
 
28 
 
 (3) Where in any case, in the opinion of the Board, 
 it will conserve the accident fund to provide a special 
 surgical operation or other special medical treatment 
 for a workman, and the furnishing of the same by the 
 Board is, in the opinion of the Board, the only means 
 of avoiding heavy payment for disability, the ex¬ 
 pense of such operation or treatment may be paid 
 out of the accident fund. (1917, c. 70, 5. 14). 
 
 (1919, c. 67 5. 6). 
 
 46. (l)The Board may re-open, re-hear, re-determine, 
 review or re-adjust any claim, decision, or adjustment 
 either because an injury has proven more serious or 
 less serious than it was deemed to be, or because a 
 change has occurred in the condition of a workman or 
 in the number, circumstances or condition of depend¬ 
 ents or otherwise. 
 
 And in any ca?se where the Board is of opinion 
 that any person entitled to compensation under this 
 Part is leading an immoral or improper life, the Board 
 shall have power, after due investigation, to withold 
 or suspend compensation for such period as the 
 Board deems proper. Where compensation is so 
 witheld or suspended, it shall be paid to the other 
 dependents, if any, or to such of the other dependents 
 as the Board deems advisable. (1917, c. 70 5. 15). 
 
 (2) The Board may withhold compensation pay¬ 
 able to a parent with respect to the death of any 
 child under the age of 14 years where the employment 
 of such child was unlawful by virtue of any statute. 
 (1918, c. 45, 5. 9). 
 
 47. Where the workman was at the date of the 
 accident under twenty-one years of age and the re¬ 
 view takes place more than six months after the ac¬ 
 cident, the amount of a periodical payment may be 
 increased to the sum to which he would have been 
 entitled if his average earnings had at the date of the 
 accident been equal to what,if he had not been injured, 
 he would probably have been earning at the date of 
 che review. 
 
 48. (1) The Board may from time to time re¬ 
 quire that any workman applying for or receiving com¬ 
 pensation payments shall submit to medical examin- 
 
29 
 
 ation by the Board or its duly appointed officers; and 
 in default of such requirement being complied with, 
 may withhold such compensation payments. 
 
 • 
 
 (2) The Board may require such proof from time 
 to time of the existence and condition of any depend¬ 
 ents in receipt of compensation payments as may be 
 deemed by the Board necessary. 
 
 ACCIDENT FUND AND ASSESSMENTS. 
 
 49. The compensation provided for in this Act 
 shall be paid out of a fund to be called “The Accident 
 Fund.” 
 
 50. For the purpose of creating and maintaining 
 
 the accident fund, all industries within the scope of 
 this Part shall, subject to sections 51 and 52, be divided 
 into the following classes— (1917, c. 70, s. 16). 
 
 Class 1.—Lumbering, logging, saw-mills, manufac¬ 
 ture of pulp or paper. 
 
 Class 2.—Wood-working, planing mills, furniture 
 factories, piano or organ factories, cooperage. 
 
 Class 3.—Coalmining. 
 
 Class 4.—Mining (other than coal), reduction of 
 ores and smelting, quarrying, manufacture of brick 
 or lime. 
 
 Class 5.—Manufacture or iron and steel, and iron 
 and steel products. 
 
 Class 6.—Car-shops, manufacture of vehicles. 
 
 Class 7.—Manufacture of compounds,paints, chem¬ 
 icals, liquors or beverages. 
 
 Class 8.—Manufacture of leather, leather goods, 
 rubber or rubber goods. 
 
 Class 9.—Flour-milling and handling of grain; can¬ 
 ning; pork-packing; manufacture of food products; 
 tobacco and tobacco products. 
 
30 
 
 Class 10.—Manufacture of cloth, textiles and cloth¬ 
 ing. 
 
 i 
 
 Class 11.—Printing, lithographing, engraving; man¬ 
 ufacture of stationery. 
 
 / 
 
 Class 12.—Teaming, cartage, warehousing and stor¬ 
 age. 
 
 Class 13.-—Construction of buildings and wooden 
 ships; mason work, structural carpentry, plumbing 
 and painting. 
 
 Class 14.—Steel erection, steel bridge building, steel 
 ship building. 
 
 Class 15.—Road-making, sewer construction, ex¬ 
 cavation. 
 
 Class 16.—Sub - aqueous construction, dredging, 
 pile driving. 
 
 Class 17.—Construction and operation of electric 
 railways, electric power lines and appliances. 
 
 Class 18.—Construction and operation of telegraphs 
 and telephones. 
 
 Class 19.—Construction and operation ’of steam 
 railways. 
 
 Class 20.—Navigation and stevedoring. 
 
 51. The Board may by regulation re-arrange any 
 of the classes mentioned in section 50 or withdraw 
 from any class, any industry or group of industries 
 included therein, and transfer such industry or group 
 of industries to any other class, or form it into a 
 separate class or may make new classes, or exclude 
 any industry!from the operation cf Part 1, or add 
 any industry to those mentioned in Section 3. (1917 
 c. 70 s. 17). 
 
 52. The Board shall assign every industry within 
 the scope of this Part to its proper class; and where 
 any industry includes several departments assignable 
 
31 
 
 to different classes, the Board may either assign such 
 industry to the class of its principal or chief depart¬ 
 ment, or may, for the purpose of this Act, divide such 
 industry into two or more departments, assigning each 
 of such departments to its proper class. 
 
 53. (Repealed by 1918, c. 45, 5. 10). ' 
 
 54. (1)The Board shall every year assess and levy up¬ 
 on and collect from the employers in each class by an 
 assessment rated upon the payroll, or otherwise as the 
 Board may deem proper, sufficient funds to meet all 
 claims payable during the year and in case of refusal 
 or neglect to furnish a pay roll, statement or estimate, 
 the Board shall have power to make its own estimate 
 of the amount of the pay roll of such employer for 
 the purpose ofmaking a provisional assessment. 
 (1917, c. 70, 5. 18). 
 
 (2)The Board may fix an amount not to exceed $5.00 
 as the minimum amount of any assessment made 
 under this Part upon any employer with respect to 
 any industry carried on by him during any calendar 
 year. (1919, c. 67 s. 15). 
 
 55. Separate accounts shall be kept of the amounts 
 collected and expended in respect of every class and 
 of every fund set aside by way of reserve,- but for the 
 purpose of paying compensation the accident fund 
 
 ' shall, nevertheless, be deemed one and indivisible. 
 
 56. (1) The Board may, in addition to the 
 amount actually required in each class*for the year, 
 assess, levy and collect from any class or classes 
 a surcharge or surcharges to be set aside as a reserve 
 or reserves— 
 
 (a) by way of providing a contingent fund 
 in aid of industries or classes which may become 
 depleted or extinguished; or 
 
 ( b ) by way of providing a sinking fund for the 
 capitalization of periodical compensation pay¬ 
 ments payable in future years; or 
 
 (c) by way of setting up a reserve fund for the 
 equalizing of assessments; or 
 
32 
 
 (d) for the purpose of raising a special fund to 
 be used to meet the loss arising from any disaster 
 or other circumstance which in the opinion of the 
 Board would unfairly burden the employers 
 in any class. 
 
 (2) The Board may, in respect of any industry or 
 class where it is deemed expedient, assess, levy and 
 collect in each year a sufficient amount to provide 
 capitalized reserves which shall be deemed sufficient 
 to meet the periodical payments accruing in future 
 years in respect of all accidents during such year, 
 
 (3) Upon any such change being made as provided 
 in section 52, the Board may make such adjustment 
 and disposition of the funds, reserves and accounts of 
 the classes affected as may be deemed just and ex¬ 
 pedient. 
 
 57. (1) Ev T ery employer shall pay into the acci¬ 
 
 dent fund such assessments as may be levied by the 
 Board, and if any assessment or any part thereof is 
 not duly paid in accordance with the terms of the levy, 
 the Board shall have a right of action against the 
 employer in respect of any amount unpaid, together 
 with costs of such action. 
 
 (2) Assessments may be made in such manner and 
 form, and at such times 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. (1918, c. 45, s. 11). 
 
 (3) Where an employer engages in any industry 
 
 within the scope of this Part, the Board, if of opinion 
 that the industry is to be carried on only temporarily, 
 may require the employer to pay or to give security 
 for the payment to the Board of a sum, which in the 
 opinion of the Board will be sufficient to pay all 
 assessments that the Board may make with respect 
 to such industry, and the payment of such amount 
 may be enforced as provided by Section 68. (1918 
 
 c. 45, s. 12). 
 
 (4) In any case where an employer makes default 
 in the payment of an assessment, and an execution 
 
33 
 
 issued upon a judgment, entered with respect to such 
 assessment, is returned with a certificate from a sheriff 
 or his deputy that he was unable to wholly satisfy 
 the same, and the judgment debtor continues to 
 carry on an industry within the scope of this Part in 
 which workmen are employed, any judge of the 
 Supreme Court, upon an application made on behalf 
 of the Board by Chambers Summons without the 
 issue of any writ or the commencement of any action, 
 may restrain such judgment debtor from carrying on 
 any industry within the scope of this Part until the 
 amount due on such execution and all assessments 
 made by the Board and the costs of the application 
 be paid. (1918, c. 45, s. 13). 
 
 58. The Board shall give notice to each employer, 
 in such manner as may be deemed by the Board 
 proper and sufficient, of the amount of the assess¬ 
 ments due from time to time in respect of his industry 
 or industries, and the time or times when such assess¬ 
 ments are due and payable. 
 
 59. Notwithstanding any provision of this Part re¬ 
 specting estimates ol pay-rolls and notice to employers, 
 it shall be the duty of every employer, without demand 
 from the Board, to cause to be paid to the Board the 
 full amount of every assessment assessed or levied in 
 accordance with this Part, in respect to workmen in his 
 employ within the scope of this Part. 
 
 60. The Board may establish such sub-classifica¬ 
 tions, differentials and proportions in the rates as be¬ 
 tween the different kinds of employment in the same 
 class as may be deemed just; and where any particular 
 industry is shown to be so circumstanced or conducted 
 that the hazard is greater than the average of the 
 class to which such industry is assigned, the Board 
 may impose upon such industry a special rate, differ¬ 
 ential or assessment, to correspond with the excessive 
 hazard of such industry. 
 
 61. If in any class the estimated assessment shall 
 prove insufficient, the Board may make such further 
 assessments and levies as may be necessary, or may 
 temporarily advance the amount of any deficiency out 
 of any reserve, and may add such amount to any 
 subsequent assessment or assessments. 
 
34 
 
 62. Assessments may, wherever it is deemed ex¬ 
 pedient, be collected in half-yearly, quarterly or 
 monthly instalments, or otherwise; and where it ap¬ 
 pears that the funds in any class are sufficient for the 
 time being, any instalment may be abated or its col¬ 
 lection deferred. 
 
 63. In each year, as soon as the necessary infor¬ 
 mation is obtained, the amount of the assessment for 
 the preceding calendar year shall be adjusted upon 
 the actual requirements of the class and upon the 
 correctly ascertained payroll of each industry, and 
 the employer shall upon demand of the Board forth¬ 
 with 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. (1918, c. 45, s. 14). 
 
 64. Where in any industry a change of ownership 
 or employership has occurred, the Board may levy 
 any part of such deficiency or the amount due upon 
 any assessment on either or any of such successive 
 owners or employers, or pay or credit to any one or 
 more of such owners or employers such surplus as the 
 case may require, but as between or amongst such 
 successive owners or employers the assessment in 
 respect of such employment shall in the absence of 
 an agreement between the respective owners or em¬ 
 ployers determining the same, be apportionable, as 
 nearly as may be, in accordance with the proportions 
 of the payrolls of the respective periods of ownership 
 or employment. (1918, c. 45, s. 15). 
 
 65. In computing and adjusting the amount of the 
 
 payroll of any industry, regard shall be had only to 
 such portion of the payroll as represents workmen and 
 work within the scope of this Part, but the Board may 
 by regulation exclude the salary or wages of any 
 officer in excess of an amount to be stated in such 
 regulation. (1918, c. 45, j. 16). (1919, c. 67 s. 16). 
 
 66. (1) Every employer shall, on or before a date to be 
 fixed by the Governor-in-Council, or whenever there¬ 
 after he shall have become an employer within the 
 meaning of this Act, or whenever required from time 
 to time by the Board so to do, cause to be furnished 
 
35 
 
 to the Board an estimate or estimates of the probable 
 amount of the payroll of each of his industries within 
 the scope of this Part, together with such further and 
 other information as may be required by the Board 
 for the purpose of assigning such industry to the pro¬ 
 per class or classes, and of making the assessments 
 hereunder, and shall likewise at or after the close of 
 each calendar year, or at such other times as may be 
 required by the Board, furnish certified copies or 
 reports of his payroll or payrolls, verified by statutory 
 declaration, for the purpose of enabling the Board to 
 adjust and compute the amount of the assessment as 
 provided in section 65. 
 
 (2) The assessors appointed under the Assessment 
 Act and the board of assessors for every city, shall year¬ 
 ly within ten days after the completion of the assess¬ 
 ment roll, make a return to the Board upon forms 
 provided by the Board for the purpose, showing the 
 names, addresses, nature of business, and usual 
 number of employees, if known, of all employers of 
 labor carrying on any industry or business, other 
 than a farming or mercantile business, within the 
 district of such assessor, and any other information 
 the Board may require. (1917 c. 70, 5. 22.) 
 
 (3) Within three days after the granting of any build¬ 
 ing permit in any municipality, city or town, written 
 notice thereof shall be given to the Board by the 
 person whose duty it is to keep a record of such 
 permits. (1917, c. 70, s. 22.) 
 
 (4) Every employer shall keep in such form and with 
 such detail as may be required for the purposes of 
 this Act, a careful and accurate account of all wages 
 paid to his employees. (1917, c. 70, 5. 22). And such 
 account shall be kept within the province and shall 
 be produced to the Board or its officers when required. 
 (1919, c. 67 *. 17) 
 
 (5) Upon the refusal, neglect or failure of an employ¬ 
 er to furnish verified copies or reports of his payroll as 
 required by this section, or such statements as the 
 Board may require of the actual amount of wages 
 paid and other allowances made to workmen, verified 
 by statutory declaration, or if the employer refuses, 
 
36 
 
 neglects or fails to keep or to produce for inspection 
 or for the purpose of being audited, proper and 
 sufficient accounts of all wages paid and other allow¬ 
 ances made to workmen, the Board, in addition to 
 any penalty for which the employer may be liable 
 may of its own motion make an estimate of the amount 
 of such wages and other allowances, and such estimate 
 of the Board shall, except in so far as the Board may 
 revise or change same, be final and conclusive for the 
 purpose of making any assessment or of adjusting the 
 amount that such employer should pay. (1919 c. 67 
 s. 17.) 
 
 (6) Every person, though not an employer, or not an 
 employer carrying on an industry within the scope of 
 this Part, shall, whenever required, make a return to 
 the Board stating whether he has or has not employed 
 workmen during any period, since January 1st, 1917, 
 that the Board may designate, a-nd if he has employed 
 workmen, he shall state in such return the nature 
 of the industry in which they were employed, and 
 furnish such other information as the Board may 
 require. (1919, c. 67, s. 17.) 
 
 67. (1) If an assessment or a special assessment 
 
 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 
 such percentage may be added to the amount of the 
 assessment and payment enforced as provided by 
 Section 68. (1918, c. 45, s. 17). 
 
 (2) Any employer who refuses or neglects to make 
 or transmit any payroll return or other statement re¬ 
 quired to be furnished by him under the provisions of 
 section 66, or who refuses or neglects to pay any as¬ 
 sessment , special or supplementary assessment, or the 
 provisional amount of any assessment, or any instal¬ 
 ment or part thereof, shall, in addition to any penalty 
 or ocher 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 pay¬ 
 able in respect of any accident to a workman in his 
 employ which happens during the period of such de- 
 
37 
 
 fault, and the payment of such amount may be en¬ 
 forced in the same manner as the payment of an assess¬ 
 ment 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 pay¬ 
 ment may be recovered or enforced in the samehnanner 
 as an assessment or as provided by Section 68, the 
 Board may issue its certificate, stating that the assess¬ 
 ment 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 certificate, 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 mentioned in the certificate, together 
 with the fees of the clerk or prothonotary allowable 
 in the case of a default judgment, and such judg¬ 
 ment may be enforced by execution or otherwise as 
 any other judgment ol the Court, and such Courts 
 shall have jurisdiction with respect to the amount 
 mentioned in such certificate whatever it may be. 
 (1918, c. 45,*. 18). 
 
 69. The Board and any member of it, and any 
 officer of the Board or person authorized by it ior 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 pur¬ 
 pose 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. 
 
38 
 
 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 au¬ 
 thority to require and to take affidavits, affirmations 
 or declarations as to any matter of such examination 
 or inquiry, and to take statutory declarations re¬ 
 quired under section 66, and in all such cases to ad¬ 
 minister oaths, affirmations, and declarations 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 employed in or about the establishment or 
 premises, and whether the safety appliances or safe¬ 
 guards prescribed by law are used and employed there¬ 
 in, or for any other purpose which the Board may 
 deem necessary for the purpose of determining the 
 proportion in which such employer should con¬ 
 tribute to the accident fund. 
 
 72. No officer of the Board and no person author¬ 
 ized to make a p. 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 
 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 cor¬ 
 poration or public sendee commission, any assess¬ 
 ment 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). 
 
39 
 
 74. (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 such 
 work is undertaken 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; pro¬ 
 vided that in the absence of any term in the contract 
 to the contrary the contractor shall, as between him¬ 
 self 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 assessments 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 absence of any term in the sub¬ 
 contract to the contrary, the sub-contractor shall 
 be primarily liable for such assessments. (1917, c. 
 70, 5. 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 
 workmeii of such contractor or sub-contractor may be 
 considered workmen of the principal with respect 
 to any industry within the scope of this Part. (1918, 
 c. 45, s. 20). 
 
 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 Mechanics’ Lien Act, it shall 
 be the duty of the owner as defined by that Act to see 
 that any sum which the employer is liable to contribute 
 to the accident fund is paid, and if any such owner fails 
 to do so he shall be personally 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 “The Assignments Act,” “The Com¬ 
 panies’ Winding Up Act,” and “The Trustee Act,” 
 
40 
 
 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 commencement 
 of the winding up, and the said Acts shall have effect 
 accordingly. 
 
 (2) The amount of any assessment and any judg¬ 
 
 ment with respect to same shall be a first lien upon all 
 the property, real, personal, or mixed, used in or in con¬ 
 nection 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 forthwith 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 any 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. 67, s. 18). 
 
 77. 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 
 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-Council. 
 
41 
 
 79. The penalties imposed by or under the author¬ 
 ity of this Part shall be recoverable under the Sum¬ 
 mary 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. 
 
 ASSOCIATIONS 
 
 80. (1) Where any Association shall make rules 
 for the prevention of accidents in the industry or in¬ 
 dustries represented by such Association, such rules 
 shall, if approved by the Board, be binding on all the 
 employers included in the class, sub-class or group re¬ 
 presented by such Association whether or not such 
 employers are members 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 subh inspector, engineer or expert out of the ac¬ 
 cident 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 As¬ 
 sociation 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 Association. 
 
 INDUSTRIAL DISEASES 
 
 81. (1) Where a workman suffers from an indus¬ 
 trial 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, apd the dis¬ 
 ease is due to the nature of any employment in which 
 he was engaged at any time within twelve months pre¬ 
 vious to the date of his disablement, whether under 
 one or more employments, the workman or his de¬ 
 pendents shall be entitled to compensation as if the 
 disease were a personal injury by accident and the 
 disablement were the happening of the accident, sub¬ 
 ject to the modifications hereinafter mentioned, unless 
 
42 
 
 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 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) 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. 
 
 82. The provisions of this Part relating to the 
 organization of the Board, the classification of indus¬ 
 tries, 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 Governor-in-Coun- 
 cil: the provisions of this Part respecting the payment 
 of compensation and the right of the workman thereto 
 shall become effective from and after a day to be 
 named in any subsequent proclamation by the Gover¬ 
 nor-in Council, and compensation shall be payable 
 in respect of injuries occurring on and after the day 
 named in such last mentioned proclamation, on which 
 day also the Workmen’s Compensation Act, Chapter 
 3 of the Acts of 1910, and amendments thereto, shall 
 stand repealed. 
 
 83. This Part shall not apply to farm laborers, or 
 
 domestic or menial servants or their employers. 
 
 « 
 
 PART II. 
 
 84. Subject to Section 88, Section 85 to 87, shall 
 apply only to the industries to which Part I does not 
 apply and to the workmen employed in such indus¬ 
 tries. 
 
 85. (1) Where personal injury is caused to a 
 workman by reason of any defect in the condition or 
 
43 
 
 arrangement of the ways, 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 any person in the service 
 of his employer, acting within the scope of his employ¬ 
 ment, the workman, or if the injury results in death 
 the legal personal representative of the workman and 
 any person entitled in case of death, shall have an ac¬ 
 tion 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 car¬ 
 ried 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, personal injury is caused to a workman employ¬ 
 ed by the contractor 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 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 employed by him, and for 
 that purpose snail be deemed to 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 en¬ 
 acted, but not so that double damages shall be re¬ 
 coverable 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 them¬ 
 selves. 
 
 (4) A workman shall not by reason only of his con¬ 
 tinuing in the employment of the employer with know¬ 
 ledge of the defect or negligence which caused his in¬ 
 jury be deemed to have voluntarily incurred the risk 
 of the injury. 
 
44 
 
 86. A workman shall hereafter be deemed not to 
 have undertaken the risks due to the negligence of his 
 fellow-workmen, a.nd contributory negligence on the 
 part of a workman shall not hereafter be a bar to re¬ 
 covery 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 workman while in the service 
 of his employer, for which the employer would other¬ 
 wise have been liable. 
 
 87. Contributory negligence on the part of the 
 workman 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 day to be named in a proclamation by the Governor- 
 in-Council. 
 
 * 
 
45 
 
 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 
 
 Mercury poisoning or its 
 sequelae. 
 
 preparations or com¬ 
 pounds. 
 
 Any process involving 
 the use of mercurv 
 
 Phosphorus poisoning or 
 itssequelae. 
 
 or its preparations or 
 compounds. 
 
 Any process involving 
 the use of phosphorus 
 or its preparations or 
 compounds. 
 
 Arsenic poisoning or its 
 sequelae. 
 
 Any process involving 
 the use of arsenic or 
 
 • 
 
 Ankylostomiasis. 
 
 ito preparations or 
 compounds. 
 
 Mining. 
 
 Subcutaneous cellulitis of 
 the hand, (beat hand). 
 
 Mining. 
 
 Subcutaxieous cellulitis 
 over the patella (miners’ 
 beat knee). 
 
 Mining. 
 
 Acute bursitis over the 
 elbow (miners' bear 
 elbow). 
 
 Mining. 
 
 (1919, c. 67 5.20).