Bill 49 (Legislature 10, Session 1)

L10 S1 7572

Alberta — Bills

Bill No. 49 of 1945. A BILL TO REGULATE THE WORKING OF COAL MINES. NOTE. The new Aet proposed by this Bill is limited to the opera tion of coal mines and many of the sections are changed accordingly. There are other changes but only the more important ones are referred to in this note. By

section 5 provision is made for inspection of the mine by the District and Electrical Inspector and for the posting of his report. By

section 6 the Inspector is given power to examine any report book, document, instrument, lamp, or anything he may require and the Electrical Inspector is given authority to make inquiries, etc. By

section 7, where there is an accident, the inspector is given power to take possession of any report, book, docu ment, instrument, lamp or any other thing provided he gives a receipt for it and leaves it in the possession of the nearest detachment of the Royal Canadian Mounted Police where the owner or manager may have access to it at any reason able time. By

section 11, provision is made before employment for a medical examination both as to physical condition and eyesight, and for a Certifkate to be furnished in a satis factory form to the Workmen's Compensation Board. By

section 12 the age for employment has been increased from seventeen to nineteen years and, in the case of a person in charge of a hoisting engine, to twenty--one years. No female may be employed about a mine unless in a clerical or domestic position.

Section 41 deals with a Certificate of Competency as a mine electrician. By

section 49 provision is made permitting an electrician, mechanic, pipe fitter or any skilled employee repairing coal cutters, machinery, cables, motors or other equipment at the working face when the mine is in normal operation without being the holder of a Class A miner's certificate. In all other cases he must be accompanied by a person who is the holder of a first, second or third class certificate.

Section 51 requires that a person to act as a mine electri cian must be the holder of a certificate as a mine electrician

ii and in the case of mines using electrical energy not exceed ing'thirty kilowatts, the Chief Inspector may under certain circumstan,ces grant a provisional certificate.

Section 58 restricts the manager of any mine, other than a small mine, from acting in the same mine in any other capacity unless specifically authorized in writing by the Chief Inspector. By

section 59 it is provided that no person can act as manager of more than one mine at the same time unless he has the permission of the Chief Inspector and the mines are operated by the same owner. By

section 61, in all mines other than a small mine, the overman is prohibited from performing the ordinary duties of an examiner or shot-lighter, except with the written approval of the Distri,ct Inspector. By

section 74 provision is made for the demonstration of explosives for blasting by a person who is not the holder of a third class certificate, provided he is accompanied by or under the direction of a first, second or third class cer tificated man. By

section 75 it is provided that every report to be re corded in a book must be countersigned by the manager within three working days from the day on which the report is made.

Section 84 provides that the maximum number of men allowed to ride in a cage has to be approved by the District Inspector. By

section 90 it is provided that the rope used on cylindric conical drums must be examined every six months instead of three months and the safety factor of the rope shall not be less than eight when new. By

section 107 it is provided that where the Minister asks for the surrender or cancellation of a certificate be cause of an infraction of the regulations, the certificate or certificates to be surrendered are those under which the official was working at the time the offence was 'committed and any certificate of a higher degree but does not restrict the employment of the offender in respect of any lower certificate he may hold. By

section 110 it is provided that a person taking air measurements must chalk his initials and the date of measurement. By

section 111 it is provided that no person shall brush or waft out gas from any working place in the mine. By

section 115 it is provided that where a person is re quired at a ventilating door, a place of refuge must be provided close to the door.

iii By

section 121 it is provided that auxiliary or booster fans underground must be installed in such a way that there can be no re-circulation of return air within the fan. By

section 130 it is provided that any part of the mine must be considered to be in a dangerous condition if the percentage of inflammable gas in the general body of the air is two and one-half per centum or upwards. By

section 133 provision is made for retaining solid pillars in the case of overlaying accumulations of water where the area is not dewatered. By

section 140 it is provided that workmen employed in a mine must at the r'equest of the owner, agent or manager appoint a committee to inspect the mine and the cost of such inspection must be borne by the owner.

Section 146 contains the only provision of the Act dealing with explosives, as it is the intention after consultation with the operators and the union officials to establish regula tions with respect to explosives. By

section 151 provision is made for the appointment of an assistant manager who shall have the same powers and duties as a manager and be subject to the same responsibili ties and liabilities as a manager. By

section 175 provision is made for the establishment by the Lieutenant Governor in Council of a code of electrical rules. By se'ction 181 it is provided that the Minister may author ize the Chief Inspector to grant provisional certificates where there is a shortage of experienced mine offidals. W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 49 of 1945.

An Act to regulate the W or king of Coal Mines. (Assented to , 1945.) HIS MAJESTY, by and with the advi,ce and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Coal Mines Regulation Act." ApPLICATION OF ACT. 2. This Act shall apply to all coal mines in the Province.

INTERPRETATION. 3.

In this Act unless the context otherwise requires,- (a) "Adequate Ventilation" shall mean not less' than two hundred cubic feet of pure air per minute for each person, horse and mule employed in the mine and as much more as the circumstances may re quire; (b) "Agent" means a person appointed by, or who in any way acts as a representative of the owner of any mine or group of mines; (c) "Assistant manager" means the .officer having con trol and daily supervision of any mine under the direction of the manager; (d) "Bank" means the pithead or any surface entrance to a mine; (e) "Board" means the Central Board of Examiners' appointed pursuant to this Act for the' purpose of examinations: for first, second and third class -certifi cates, mine electricians' and mine surveyors' cer tificates; (f) "Boundary linesl" means the vertical planes or lines in which the surface boundaries of the location lie; (g) "Check-measurer" means a person appointed by the workmen where they are paid by the measurement of the coal or other mineral gotten by them to check the measurement of such mineral on behalf of the workmen; (h) "Check-weigher" means·a person appointed by the workmen where they are paid by the weight of the

2 coal or other mineral gotten by them, to check the weights and perform other duties in connection with the weighing on their behalf or where they are paid by the car to check the number of cars sent out of the mine; (i) "Chief Inspector" means the Chief Inspector of MInes appOInted under this Act; (j) "Detonator" shall mean any approved detonators, electrical squibs and other approved devices for detonating explosives; (k) "District" or "Split" means any part of a mine haVIng an independent intake airway commencing from a main intake airway, and an independent return airway terminating at a main return airway; (l) "District Inspector" means a District Inspector of Mines apPOInted under this Act; (m) "Electrical Inspector" means an electrical inspector of mines appointed under this Act and who is the holder of an electrical certificate granted pursuant to this Act; , (n) "Examiner" means a person who is the holder of a first, second or third class certificate, appointed to inspect the working places in a mine, and' the roadways and approaches thereto, and other a,ccess ible parts of a mine, and to see that such are safe before a shift is allowed to enter such working places or other parts of the mine; (0) "Inspector" means the Chief Inspector, Assistant Chief Inspector and the District Inspector; (p) "Manager" means the chief officer having control and daily supervision of any mine; (q) "Mine" means any mine from which coal is removed by underground mining methods and includes every place where any operations in,cidental to the extrac tion of coal by removing the over-laying strata are ,carried on, every shaft in the course of being sunk, every level or inclined plane in the course of being driven for commencing or opening any mine, or for searching for or proving any coal, or for the opera tion of same; or the shafts, levels, planes, workings, machinery, tramways, railways, sidings, both above and below ground in and adjacent to a mine and all shafts and levels and inclined planes of and belong ing to a mine, but does not include open cut prospect ing for ,coal; (r) "Miner" means a person employed underground at the working face in a mine to cut, shear, break or loosen coal or rock from the solid, either by hand or machinery, and possessed of a certificate of compe tency as such, and includes a loader and any other workman employed at the working face, and a tim berman;

3 (8) "Miners' Board" means the Board of Examiners ap pointed by the Chief Inspector under this Act to conduct examinations for miners' certificates; (t) "Miner's helper" means a person employed under ground to work under the supervision of a miner at the w'Orking face, and must be a holder of a certifi 'cate of competency; (u) "Mine Surveyor" means a person appointed to sur v~y or supervise the surveying of the workings of any mine and who is responsible for the accuracy of the plans required under this Act; ( v) "Minister" means the Minister of the Department of Lands and Mines; ( w) "Outlet" includes any shaft, slope, incline, tunnel, level 'Or any other means. 'Of ingress to or egress from a mine; (x) "Overman" means any person in daily charge of the underground workings of any mine or any P'Ortion of a mine, next in authority tD the manager, or assistant manager; (y) "Owner" when used in relation to any mine, means any person or body corporate who is the immediate proprietor or lessee, or occupier of any mine or of any part thereof, and d'Oes not include a person or body corporate who merely receIves a royalty or rent from a mine subject to any lease, grant or license for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine, and includes any contractor for the w'Orking of any mine or part thereof, but not S'O as to exempt the 'Owner from liability; (z) "Plan" includes a map or

section or a copy or trac ing of any original map or section, certified to be a correct copy by the manager Dr a duly qualified Alberta Mine Surveyor; (aa) "Safety lamp" means not only an approved flame type safety lamp but also an approved miner's elec tric lamp; (bb) "Shaft" includes pit and means a vertical excava tion through the strata which is or may be used for the purpose of ventilation or drainage, or for lower ing or hoisting men or material into or from a mine, or for the ingress or egress of persons, animals or material to or from the mine or any part thereof; (cc) "Shot-lighter" means a person who is the holder of a first, second or third class certificate 'Of competency under this Act, or a person who is the holder of a provisional certificate issued by the Chief Inspe~tor, and employed by the manager to fire shots and to examine as to the safety of using and to supervise the use of explosives used in blasting; (dd) "Slope" or "Incline" means an excavation in the ,earth or strata, driven at an angle with the plane

4 Df the hDrizon, which is Dr may be used fDr ventila tiDn purposes or drainage, or the ingress or egress of men, animals Dr material to or from a mine; (ee) "Small mine" means a mine in which not more than thirty men are employed below ground in the space of a twenty-four hour day; (ff) "Supreme Court" means the Supreme Court of Al berta; (gg) "Tunnel" Dr "Level" means an excavation in the earth Dr strata driven horizontally, or at such an inclination as may be necessary, which is or may be used fDr drainage, ventilation .or the ingress or egress of men, material or animals to or from a mine; (hh) "Working face" means any part Df a mine from which coal, rock or Dther minerals are being cut, removed, sheared or loosened and includes any place on a rDadway at which any brushing from the roof or floor is being done; and in relation to any long wall operation includes all the area from the solid which is being supported fDr the purpose of long wall operations; (ii) "Workman'" means any person employed in a mine below ground who is not an official of the mine, .or a fan man, cager or onsetter, stableman or pumpman, and any body of workmen whose hours for begin ing and terminating work in the mine, are approxi mately the same, shall be deemed t.o be a shift of wDrkmen.

ApPOINTMENT, POWERS AND DUTIES OF CHIEF INSPECTOR, DISTRICT INSPECTORS AND OTHER INSPECTORS. 4.-

(1) The Lieutenant Governor in Council may frpm time to time,- (

a) appoint a person whO' is the holder of a first class certificate of competency under this Act, to be the Chief Inspe,ctor .of Mines and prescribe his duties and fix his remuneration; (

b) appoint any persons whO' hold first class certificates of competency under this Act, as District Inspectors Df Mines', and may define the district within which any such person is to act, prescribe his duties and fix his remuneration; (

c) appoint any person who is the holder of a first class certificate of cDmpetency under this Act as Deputy Chief Inspector, a Deputy District Inspector or as an assistant to the Chief InspectDr or to' a District InspectDr, and may define the district within which he is to' act, prescribe his duties and fix his remun eratiDn; (

d) appoint Dne or more inspectors Df the electrical equipment .of mines and prescribe the qualifications, duties and remuneration of any such inspector.

(2) Notice of every such appointment shall be published in The Alberta Gazette . . (3) ~o person appointed in any capacity pursuant to thIS se~h.on 'Shal~, so long as his appointment continues, act as a ?lInIng engIneer or a manager, viewer, agent or valuer of mInes.

(4) The Minister may at any time appoint a mining engineer or 'Other person of scientific or special attainment or practical experience to make a special investigation upon any mining operations S'O far as they relate to the safety of life and property in any mine and to make a report thereof to the Minister, and the person so appointed shall have the same right of entry into the mine and access to such plans and records as are conferred upon an inspector by this Act, and the Minister may cause any such report to be made public at such time and in such manner as he thinks expedient. 5.-

(1) Every inspector appointed under

section 4 shall visit every mine in his district as often as his duties permit and the exigencies of the case require.

(2) Every inspector unless he is the Chief Ins'pector, shall make an annual report of his proceedings during the preced1ing year to the Chief Inspector.

(3) Immediately after completion of each inspection the District and Electrical Inspector shall cause to be posted in some conspicuous place at or near the mine, a copy or duplicate of his report. 6.-

(1) In addition to any other powers or duties with which he may be vested, an inspector shall have power to,- (a) (b) (c) (

d) require the owner, agent, manager, as'sistant man ager, or other proper officer in charge of any mine, as the case may be, to produce any report book, document, instrument, lamp, or any other thing whatsoever that he may in writing demand and which he considers necessary in the conduct of his inspection and examination of any mine; should the owner, agent, manager, assistant manager, or other proper officer in charge of the mine refuse or neglect to -comply forthwith with this demand, the inspector may take whatever means may be necessary to obtain the possession of the report book, document, instrument, lamp or any other thing that he may require; make such -examination and inquiry as is necessary to ascertain whether the provisions of this Act re lating to matters in or about any mine are complied with; enter, inspect and examine any mine or any part thereof at all times by day or night; examine into and make inquiry respecting the state and condition of any mine or any part thereof and

6 the ventilatiDn Df the mine, and all matters and things connected with or relating to the safety of the persons employed in Dr about the mine or any mine contiguous thereto; (

e) exercise any such powers as are necessary to carry out his duties under this Act.

(2) Where an electrical inspe,ctDr is appointed under this Act, in additiDn to. any other powers or duties with which he may be vested, he shall have power tD,- (

a) make such examinatiDn and inquiry as is necessary to' ascertain whether the provisions of this Act re lating to ele'Ctrical matters in or about any mine are complied with; (

b) exercise any such powers as are necessary to carry out his duties under this Act. '7.-

(1) No. person shall obstruct an inspector or an electrical inspector in the execution Df his duties under this Act and no. owner, 'agent or manager of a mine shall refuse or neglect to furnish to the inspector the means necessary for making an entry, inspection, examination or inquiry under this Act in relation to any mine.

(2) In the event of an accident or where circumstances give rise to an investigation, an inspector is hereby em powered, upon giving a receipt therefor, to take possession of any report bODk, document, instrument, lamp, or any other thing whatsoever that is or may be of importance to an inquiry or other proceeding into. the accident Dr circum stances; the inspector shall leave the repDrt bDok, document, instrument, lamp, or any other thing whatsoever taken into his possession within a reasonable time with the nearest detachment of the Royal Canadian MDunted Police and the owner, agent, manager, or other prDper official in charge of the mine shall have access to the same at any reasonable time and the inspector shall return the same when it is no longer required for the purpose Df the inquiry or other pro ceeding. 8.-

(1) In every case which is not expressly provided for in this Act, if an inspector finds in any mine or any part thereof any matter, thing or practi,ce in or connected with any 'mine to be dangerous Dr sO. defective as in his opinion to threaten or tend to' the bDdily injury of any person, he shall forthwith give notice in writing thereof to. the owner, agent Dr manager Df such mine and: 'Shall state in such notice the particulars in which he considers such mine Dr any part thereof or any matter, thing or practice to be dangerous or defective and require the same to be remedied; and he may direct the men to. be withdrawn from the mine or part thereof until the same is remedied, and unless the same is forthwith remedied he shall, unless he is the Chief Inspector, report the same to. the Chief InspectDr.

(2) Every direction by an inspector for the withdrawal of men under this

section shall be obeyed, in accordance with the inspector's written instructions.

(3) If the owner, agent or manager of the mine objects to remedying the matter ,complained of in the inspector's order or direction, he shall within forty-eight hours after the receipt of such notice from the inspector, forward his objections in writing stating the grounds thereof to the Chief Inspector, and thereupon the matter shall be decided by arbitration. 9.-

(1) Where it appears to the Minister that a formal investigation of any a'ccident in any mine or any matter connected with the working of any mine is expedient, the Minister may direct an inspector to hold such investigation.

(2) The Minister may appoint any person or persons possessing legal or special knowledge to act with the in spector in holding the investigation.

(3) The inspector shall make the investigation in such manner and under such conditions as he thinks most effectual.

(4) In addition to his other powers, the inspector shall for the ,purpose aforesaid have power,- (

a) to enter and inspect any mine building or place, the entry or inspection of which appears to him ex pedient; (

b) by summons signed by himself to require the attend ance of any person and to require of such person such answers or returns to inquiries as he thinks fit; (

c) by such summons to require the production of any book, paper or document which he thinks necessary upon such investigation; (

d) to administer oaths.

(5) Any person attending before an inspector in obed ience to any such summons shall be allowed such fees as are allowed to a witness attending on a notice to attend before the Supreme Court.

(6) Every person served with a summons under this section, and who has been tendered the proper witness fees, shall forthwith obey and comply with the terms of the said summons.

(7) The inspector shall make a report upon such investi gation, which the Minister may cause to be made public at such time and in such manner as he thinks fit.

(8) Any expenses incurred in connection with such in vestigation shall be paid out of the General Revenue Fund of the Province upon' it being so ordered by the Lieutenant Governor in Council.

8 AGE AND HEALTH OF EMPLOYEES IN MINE. 10. The owner, agent or manager of every mine shall keep in the office at the mine a hook in which shall be entered the name, age, residence and date of first employ ment of every person employed in conneetion with the mine and such 'book shall be produced to an .inspector for inspee tion by him when demanded. 11.-

(1) No male under the age of seventeen years, and no female of any 'age, ,shall he employed or permitted toO be in or about a mine for the purpose of employment, and every manager ,shall on the request of an inspector produce a copy of certificate of birth or an affidavit or statutory declaration made by some person having know ledge of the facts, setting forth the age of any boy em ployed in or about any mine. Provided always that nothing her,ein contained shall prevent the employment of any person engaged in the per formance of clerical work, or in performing domestic duties in any hotel, boarding house or residence in connection with a mine.

(2) A person who has not been previously employed in a mine in the Province shall not be employed in a mine unless and until he has furnished his employer with a certificate in a form satisfactory to the Workmen's Compensation Board, completed by a duly qualified medical practitioner as to the condition of his eyesight and that he is physically fit to work in a mine and such medical certificate shall be kept in the mine office.

(3) Any person not employed in a mine within six months preceding his re-employment shall require to be examined by a duly qualified medical practitioner as to his physical con dition and eyesight, who shall furnish a certificate in a form satisfactory to the Workmen's Compensation Board. 12.-

(1) No person, except a male of at least nineteen years of age, shall have charge of or operate any engine, windlass or gin, or any part of the machinery, ropes, chains or tackle connected therewith, driven or worked by steam or any mechanical power or by animal or manual labour, used for conveying persons in or about a mine, provided that the hoisting engineer in ~harge of a hoisting shaft shall he at least twenty-one years of age.

(2) Every person in charge of or operating an engine, windlass or gin, or any part of the machinery, ropes, chains or tackle connected therewith, used for conveying persons in any mine, shall at all times he possessed of a certificate from a duly qualified medical practitioner, ohtained not more than six months before, that he is mentally and physically fitted to perform his duties and such medical certificate shall be kept in the mine office.

9 13. If any person contravenes or fails to comply with or permits any 'person to contravene or fail to comply with any provision of this Act, with respect to the employment of females or of males under the age of seventeen years, or to the employment of persons about any engine, windlass, gin or hoisting engine, he shall be guilty of an offence against this Act. 14.

If it appears that a male under the age of seventeen years was employed on the representation of a statutory declaration or affidavit that he was of the full age of seven teen years, and that the owner, agent or manager of the mine and employer, so employed him believing in good faith that he was of the age so represented, then the owner, agent or manager of the mine and employer shall be exempt from any penalty, and the person furnishing such declaration or affidavit shall, for such misrepresentation, be guilty of an offence against this Act. HOURS OF EMPLOYMENT. 15.-

(1) Subject to the provisions of this Act, no work man shall be below ground in a mine for the purpose of his work or of going to or from his work, or be allowed to be below ground for that purpose, for more than eight hours during ,any period of twenty-four ,consecutive hours.

(2) It shaH not be deemed to be a contravention of this

section if,- (

a) the period between the times at which the first workman in a shift leaves the surface and the first workman in the shift returns to the surface, and the period between the times at which the last workman in the shift leaves the surface and the last workman in the shift returns to the surface, do not exceed the time fixed by this se'ction; or (

b) a workman is below ground for the purpose of rendering assistance in the event of accident or for meeting any danger, or for dealing with any emerg ency or exceptional work which requires to be dealt with without interruption in order to avoid serious interference with ordinary work in the mine, but any workman who is so below ground for more than eight hours during any consecutive period of twenty four hours shall be paid in respect of the excess his ordinary wages for the excess increased by one-half.

(3) The owner, agent or manager of every mine shall fix for each shift of workmen in the mine, the times at which the lowering of workmen to the mine is to commence and to be completed, and the times at which the raising of work men from the mine is to commence and to be completed, and the same shall be fixed in such m,anner that every workman shall have an opportunity of returning to the surface without contravention of the foregoing provisions of this se,ction, and such owner, agent or manager shall

10 post at the bank a conspicuous notice of the times so fixed, and shall make all arrangements necessary for the observ ance of those times in lowering and raising the workmen.

(4) The interval between the times fixed for the com mencement and for the completion of the lowering and rais ing of each shift of workmen to and from the mine shall not ex'ceed the time reasonably required for the purpose and the same shall be subject to the approval of the Chief Inspector.

(5) A repairing shift of workmen may, notwithstanding the provisions of this section, for the purpose of avoiding work on Sunday, commence their period of work on Satur day before twenty-four hours have elapsed since the com mencement of their last period of work so long as at least eight hours have elapsed since the termination thereof.

(6) In the event of any contravention of this section, no person shall be deemed to be guilty of an offence if he can prove that he has taken all reasonable means to prevent such contravention. 16. The owner, agent or manager of every mine shall appoint a person or persons to direct at the bank the lower ing and raising of workmen to and from the mine, and shall cause a ,book to be kept, in which shall be truly entered the times at which workmen are lowered into and raised from the mine, and the cases in which any workman is below ground for more than the time fixed by this Act and the cause thereof. 17.-

(1) In the case of mines which are entered other wise than by shafts, and of workmen who are not lowered to or raised from the mine by means of machinery, the words "the admission of workmen to the mine" shall be deemed to be substituted for the words "the lowering of workmen to the mine", and the words "the return of workmen from the mine" shall be deemed to be substituted for the words "the raising of workmen from the mine".

(2) If the place at whi,ch workmen check in and out on commencing and leaving work is distant more than one-half mile by the nearest practicable way from the place at which men leave and return to the surface, then the place at which workmen check in and check out shall be deemed to be the place at which workmen leave and return to the surface. 18.

The workmen in a mine may, at their own cost, appoint and station one or more persons, whether holding the office of check-weigher or not, to be at the bank at all times when workmen are to be lowered or raised, for the purposes of observing the times of lowering and raising, and the provisions ,of this Act relating to the appointment of the check-weigher, and to the relations of the owner, agent or manager of the mine to the check-weigher, shall apply to any person appointed under this section.

11 19. The Lieutenant Governor in Council may, in the event of great emergency, or of any grave economic dis turl?an,ce due to ~he demand for coal exceeding the supply avaIlable at the tIme, suspend the operation of this Act so far as it relwtes to the limiting of hours of work below ground to such extent and for such period as may be named in. the order either in respe-ct to all mines or any -class of mInes. WAGES. 20.-

(1) All wages earned by any person or persons employed in, on, or about a mine shall, unless there is a sub sisting agreement in conformity to this Act between the employer and employed lio the contrary, be paid twi-ce a month, and the wages earned from the first day to the fif teenth day of each month (both days inclusive), shall be paid on the twenty-third day of the month, and the wages earned from the si~eenth day to the last day of each month (both day.s inclusive) , shall be paid on the eighth day of the follow ing month: Provided that if any of the said days is a holiday the wages payable on such day shall be paid on the next preceding day.

(2) Whenever any default occurs in the payment of wages of any employee at any mine upon the day appointed by this Act for the payment thereof, every person who is the. owner, agent or manager of the mine shall send or cause to be sent on the day after the oc-curren-ce of such default to the Chief Inspector a notice in writing setting out the default and the date thereof and in case such notice is not sent within the said time, every person who is the owner, agent or manager of the mine shall be guilty of an offence. (3) (

a) An agreement may be made between the em ployer and the employed as to .the payment of wages at more frequent intervals than twice a month and with a waiting period between the agreed date for payment and the last day of the period for which wages are paid other than is pre scribed i.n subse,ciion (1). (

b) A duplicate of every such agreement shall be filed with the Chief Inspector. (

c) During the subsistence of the agreement the provi sions thereof as to the periods for which wages are to be paid and the days upon which wages are to be paid shall be deemed to be subsUtuted for the provisions of subsection (1) of this

section and shall have the same force and effect as if such provisions had been enacted as a part of this Act. (

d) Upon the production of any duplicate agreement filed in compliance with this

section by the Chief Inspector or a District Ins,pector in any court, such- duplicate agreement shall be deemed and accepted by every such court as con clusive evidence of the terms of such agreement. (

e) Upon it being made to appear to !the Minister that any agreement for the payment of wages does not conform

12 to the provisions of this subsection, he may by order, of which notice shall be published in The Alberta Gazette, de clare that any such agreement is null and void as and from the date of publication of notice of the order or any later date mentioned therein. 21.-

(1) The owner, agent or manager shall cause to be kept a record of all the workmen employed in or about the mine, in which there shall be set down the sum due to each workman upon each day upon which wages ought to be paid under the provisions of this Act, or of any agreement, and also the amount of any sum or sums actually paid to him.

(2) Every manager shall permit an inspector at any reasonable hour to inspect such record and to make extracts therefrom.

(3) The owner, agent or manager shall before each pay day furnish without charge to each employee a wage state ment, showing the total wages earned, the deductions made, set.ting out each item and the net amount earned and payable to the employee. 22.-

(1) Unless it is otherwise expressly provided to the contrary by an agreement between the employer and the employees, when the amount of wages paid to any of the persons employed in a mine depends on the amount of the coal or other mineral gotten by them, they shall be paid according to the weight of the mineral gotten by them, and such mineral shall be truly weighed ac.cordingly at a place as near the mine entran~e as reasonably possible:

(2) Before weighing for Ithe purpose of ascertaining the coal or other mineral gotten, the car shall be disconnected from any other car in the trip and shall be brought to a complete stop.

Provided, however, that where the conditions are such that the coal or other mineral from any individual working place cannot be weighed separately and where the production from a number of working places is taken from one central loading point or chute, the total tonnage shall be truly weighed and a pro rata distribution made to the workmen engaged in the getting thereof in accordance with the extrac tion made from each individual working place and such pro 1'ata distribution shall be determined by measurement. 23.-

(1) The owner, agent or manager of any mine may enter into an agreement which shall be in writing with any person employed and paid according to the amount of coal or other mineral gotten by him that deductions shall be made in respect of stones or material other than coal contracted to be gotten which are sent out of the mine with the coal contracted to be gotten, or on account of the improper filling of cars in those cases where cars ·are filled by the getter of coal or by the loader; and no such deduction shall be mad~ unless such an agreement in writing has been entered Into by or on behalf of both parties.

(2) If the agreement providing for the making of such deductions does not specifically provide the manner in which the same shall be determined, then such deductions shall be determined in one of the following ways, that is to say: (

a) In any special manner agreed upon between the owner, agent or manager of the mine on the one hand and the persons at the mine so employed and paid on the other hand; or (

b) By some person appointed for that purpose by the owner, agent or manager, and by a person appointed by such persons so employed at the mine, who may be the check-weigher if any check-weigher has been appointed pursuant to this Act; or (

c) If the persons so appointed fail to agree, then by a third person to be chosen by the persons so appoint ed, and if they cannot agree upon such a third person, then by some person appointed by the Min ister.

(3) If any owner, agent or manager, or the persons so employed in any mine fail to appoint a person to determine such deductions, the Minister may appoint a person for the purpose aforesaid on behalf of the owner, agent or manager or the persons so employed in the mine.

(4) Every person appointed pursuant to this

section shall have every facility afforded him by the owner, agent or manager, to enable him to determine the amount of any and all such deductions. 24. Upon the Minister being satisfied that special cir cumstances prevail in ,the working of any mine or of any class of mines by reason of which the provisions of

section 22 cannot conveniently be made appli~able thereto, the Minister may from time to time, by order, exempt the mine or class of mines from the provisions of

section 22, either unconditionally or subject to such conditions as may be specified in the order, and either for a specified period or until further order, and may from time to time by order revoke or alter any order previously made pursuant to this section. CHECK-WEIGHER, CHECK-MEASURER, DUTIES, ETC. 25.-

(1) The persons who are employed in a mine and are paid according to the weight of the ,coal or other mineral gotten by them may, at their own expense, station a person (in this Act referred to as a "check-weigher"), at the place appointed for the weighing of such coal in order to take an account of the weight thereof on behalf of the persons by whom he is so stationed. The check-weigher may be ap pointed by the aforesaid persons employed from time to time in the mine.

(2) A check-weigher shall have every facility afforded him by the owner, agent or manager to take correct account

14 of the weighing for the persons by whom he is so stationed, including facilities for examining and testing the weighing machine and' checking the tare weight of the cars when necessary; and also for counting cars and tallies in order that the number of cars. weight.~ or quantities credited to each person may be ascertained, and also including a shelter from the weather and a desk or table at which to write, all to be furnished by the owner, agent or manager, and he shall have access to all parts of the mine and bankhead necessary for the fulfilment of hi,s duties. 26.

In any mine in which any persons employed therein are by agreement paid by the measurement of the coal or other mineral gotten by them, they may at their own expense appoint and employ one or two check-measurers who shall at such times when the coal or other mineral is being measured by the officials of the mine, have the power and necessary facilities to check the manner, method, measure and meas urements or quantities according to which persons are paid, on behalf of the persons by whom he is employed. 27.

Neither the check-weigher nor the check-measurer shall be authorized in any way to impede or interrupt the working of the mine or to interfere with or impede the weighing or measuring, but shall be authorized only to take such account as aforesaid, and the absence of the check weigher or check-measurer shall not be a reason for inter rupting or delaying the weighing or measuring, 28.

The check-weigher or check-measurer shall at the time of his appointment be the holder of a miner's certificate granted pursuant to this Act, with three years' experience as a coal miner, and shall have been employed either as a miner at the coal face or as a check-weigher, or as a check measurer at any working mine in the Province. 29.

When a check-weigher or a check-measurer has been appointed pursuant to this Act and has acted as such, he may re'cover from any person for the time being employed at such mine in whose interest he is appointed, his proportion of the check-weigher's or check-measurer's wages or recom pense, notwithstanding that any of the persons by whom the check-weigher or check-measurer was appointed have left the mine or others have entered the same since the check-weigher's or che,ck-measurer's appointment. 30.-

(1) If an owner, agent or manager of a mine de sires the removal of a check-weigher or check-measurer at his mine on the ground that the check-weigher or check measurer has impeded or interrupted the working of the mine or improperly interfered with the weighing or measur ing or has otherwise misconducted himself, he may complain in writing to a judge of the District Court having juris diction in the judicial district in which the mine is situated,

15 whO', if O'f the O'piniO'n that the cO'mplaint should he invest gated, shall issue a summons to' the check-weigher Dr check measurer to appear at a certain time and place therein named.

(2) The summDns and a CDPY of the complaint shall be served persO'nally on the check-weigher O'r check-measurer at least five days before the return O'f such summons Dr if, after diligent effDrts, it is found impDssible to SD serve the check-weigher or check-measurer the said summons may be left with sO'me grDwn-up perSDn residing in the home Dr last knO'wn place of residence O'f the ,check-weigher or check measurer at least five days befDre the return 'Of the summons.

(3) In default of appearan,ce of the check-weigher O'r check-measurer tD answer the complaint, proDf of service O'f the summons on him shall be furnished to the sa tisfac tiDn of the judge.

(4) Whether the check-weigher Dr check-mea·surer appears Dr nDt, the judge shall hear the case at the time fixed in the summDns and if he thinks that grounds sufficient tD justify the removal of the ,check-weigher Dr check-meas urer have been shown by the owner, agent Dr manager, he shall make a

summary order fDr his remDval and the check weigher or check-measurer shall thereupDn be removed and anDther check-weigher Dr check-measurer may be appointed in his place, and the judge may appoint a per'SDn qualified fDr such appDintment to act as check-weigher or check me,asurer, as the case may be, until a meeting has been held tD make a new appointment, and may fix such person's wages, whi,ch shall be provided and paid in the same manner as is prDvided by subsection (3) 'Of

section 32 'Of this Act.

(5) The judge may in every case make such 'Order as tD the CDStS 'Of the proceeding.s as he thinks just, and they may be recDvered as if awarded by a judgment in the Distriot Court.

(6) The judgment of the judge shall be final and there shall be nD appeal therefrDm.

(7) When a check-weigher or check-measurer has been removed from the office by 'Order of the judge, he shall not be qualified to act as che,ck-weigher Dr check-measurer at any mine in the Province for a periDd of 'One year from the date 'Of order 'Of the judge. 31. No owner, agent, manager, overman or other official 'Of a mine shall, by himself or by any other person, influence Dr attempt tD influence the choice or appointment 'Of a check weigher Dr a check-measurer at that mine. 32.-

(1) Every appointment of a check-weigher or a check-measurer shall be made by the persons employed in the mine, who are by this Act empowered to make the ap pO'intment, attending a meeting. called for that purpose. by a n'Otice setting out the day, tIme and place of meetIng,

16 posted at least forty-eight hours before the meeting, in a conspicuous place upon the mine premises.

The meeting shall first appoint a chairman and a secretary and then shall proceed to determine whether or not it is desired to appoint a check-weigher or check-measurer, as the case may be; and if upon a vote being taken by secret ballot it is found that the majority of the persons attending the meeting are in favour of making the appointment, the meeting shall remain open for the purpose of receiving nominations for at least thirty minutes after it has been called to order for the purpose, and every nomination shall be in writing, and, if more persons are then nominated than are to be appoint ed, an election shall be held by secret ballot at the mine on the third day after the meeting if that day is a working day at the mine, and if it is not, then upon the first working day at the mine after the last mentioned day.

Immedi ately after the appointment of a check-weigher or check measurer has been made, a notice in writing signed by the chairman and secretary of the meeting, in case there is no election, or in the event of an election by two of the officers charged with the duty of taking the ballot shall be left at the office of the mine. /

(2) It the workmen employed at a mine desire to have a check-weigher or cheek-measurer removed from office, who has been properly appointed and is acting as such, the procedure to be followed in obtaining his removal shall be the same as that prescribed in subsection (1) in respect of the appointment of a check-weigher or check-measurer.

(3) Where the miners in any mine have appointed a check-weigher or check-measurer, and the majority of the miners at such mine for the time being in whose interest the check-weigher or check-measurer has been appointed may at a meeting called for the purpose, in the same manner as is prescribed by this Act for a meeting to make such appointment, resolve that the check-weigher or check-meas urer be paid his wages direct from the office of the mine, and upon the delivery to the owner, agent or manager of a copy of such resolution, signed by the chairman and secre tary of the meeting, the said owner, agent or manager shall withhold from the wages due the miners aforesaid, a pro nita amount sufficient from time to time to meet the wages due the check-weigher or check-measurer and shall pay the same to him in a like manner as the wages of the said miners are paid. 33.

If the owner, agent or manager of any mine, or any person employed thereat and paid according to the weight or measurement of the coal or other mineral gotten by him, disputes the regularity of the appointment of any check-weigher or check-measurer at such mine, he may, within fourteen days of the date upon which notice in writ ing of any such appointment" is left at the office at the m~ne,. make a complaint in writing to the judge of the DIstrIct Court having jurisdiction in the judicial district in which the mine is situated, who, if of the opinion that

17 the complaint should be investigated, shall proceed to in vestigate the eomplaint, upon notice to the person so appointed; and all the provisions of this Act contained as to the summons to be issued, the service thereof, the proof of service and the hearing in

section 30 hereof, shall apply to any such proceeding; and if after due hearing of the com plaint he finds that there has been any substantial irregu larity in the proceedings leading up to the appointment or that the, appointeee is not duly qualified, he may by

summary order de,clare the appointment to be null and void; and in such case he shall direct another meeting to be held pursuant to this Act and may order that such meeting and any vote taken in consequence thereof be called and con ducted under the supervision of an inspector. 34.-

(1) Any employer may without any order retain out of the moneys due any person employed in or about a mine any sums due by him in respect of powder, coal, oil or otlier supplies, or rent.

(2) Any person employed in or about a mine may by order in writing signed by him request the owner, agent or manager of the mine to apply the whole or any part of the moneys due to the person so employed, to the payment of any amount payable by him to any other person for hos pital dues, sick and accident fund dues, or union dues; and the owner, agent or manager shall from the moneys so due make the payments as requested by the order, but su_ch order shall be effective only for the amounts specified therein. EXAMINATION BOARDS. Central Board of Examiners. 35.-

(1) The Lieutenant Governor in Council may ap point a Board of Examiners consisting of,- (

a) the Chief Inspector or a District Inspector nom inated from time to time by the Chief Inspector; (

b) two managers; and (

c) two working miners who are the holders of Class A miners' certificates; and it shall be the duty of such Board to provide for the examination of applicants for First Class, Second Class and Third Class certificates of ,competency and Mine Electri cians' and Mine Surveyors' Certificates of competency under this Act and to determine as to their qualifieations, and for that purpose the Board is empowered to prepare rules, and from time to time to amend, revoke and make new rules, and in so doing the Board shall have regard to the knowledge requisite for the practical working of mines in the Province and for the proper carrying out of the provisions of this Act.

(2) The Lieutenant Governor in Council may fix the amount of fees and travelling expenses payable to any member of the Board, and the fees payable by applicants 'for certificates.

(3) The member of the Board who is the Chief Inspector or a District Inspector, as the case may be, shall be the chairman of the Board, and shall be the chief executive officer thereof, and in the intervals between meetings shall exercise all the functions of the Board.

(4) The Board shall meet at the call of the chairman, and he shall call a meeting thereof at any time forthwith upon being required to do so by any three members of the Board in wri ting.

(5) The Lieutenant Governor in Cou?cil may at any time alter or revoke any rules or regulatIOns made by the Board.

(6) All examination papers shall be set, prescribed and examined by such person or persons as the Minister may appoint or nominate; and such person or persons shall submit to the Board the result of the examinations together with the papers so examined, and the Board upon being satisfied that any applicant for a certificate is qualified to receive one and has by his examination shown that he is a fit and proper person to hold it, shall report its findings to the Minister.

(7) For the purpose of holding any examinations the Minister shall divide the Province into districts, and shall define the number and limits of such districts, with power from time to time to re-divide and re-define the same; and shall specify from time to time the place or places in each district at which examinations shall be held.

(8) The Chief Inspector shall issue to every applicant for any certificate who is recommended by the Board a certificate in conformity with such recommendation.

(9) The Chief Inspector may, where there is a reciprocal arrangement, sign and deliver a certificate without written examination to an applicant who, being a British subject, is the holder of a certificate granted in the United Kingdom, in any other Province of Canada or in any other British Dominion if the Board reports that the standard of training and examination required for the granting of such certificate is equivalent to that required for the granting of a corre sponding certificate under this Act, and that after an oral examination by the Chief Inspector and one other inspector, they are satisfied with his qualifications. Miners' Examination Boards. 36.-

(1) The Chief Inspector may appoint one or more Miners' Boards of examiners either for the Province or for any part or parts of the Province, from time to time desig nated by the Chief Inspector, whose duty it shall be to determine by .exa!llintaion as to the competen,cy of appli cants for a mIner s certificate; and every such Board shall consist of an inspector, a mine manager or overman, and a miner who is the holder of a miner's Class A certificate.

(2) The Lieutenant Governor in Council may make regulations for the guidance of Miners' Boards and for the performance of their duties, and may fix the amount of any fees, allowances or expenses payable to any member thereof, and the fee payable in respect of any examinations held by such Board.

(3) Every Miners' Board shall report in writing to the Chief Inspector immediately after any examination, the name, address and place of employment, if any, of every applicant to whom a certificate is granted under this sec tion.

(4) The inspector who is the member of a Board shall be the chairman of the Board and its chief executive officer, and shall sign all certificates granted by the Board and in the intervals between meetings shall exercise all the func tions of the Board.

(5) A Miners' Board shall meet at the call of the chair man thereof. 37. A register of the holders of all certifi·ca tes under this Act shall be kept at the office of the Chief Inspector by such person or persons, and in such manner as he may direct. QUALIFICATIONS FOR CERTIFICATES OF COMPETENCY AND COAL MINERS' CERTIFICATES. 38. No person shall be granted a first class certificate of competency or second class certificate of competency, unless,- (a) (b) (c) (

d) he is at least twenty-five years of age; and he has had at least five years' experience in under ground coal mining, of which he must have spent at least one year in work at the working face or in work elsewhere in a mine of such kind which in the opinion of the Board is sufficient to give him a practical knowledge of coal mining; or he has had at least four years' experience in under ground coal mining of which he must have spent at least one year in work at the working face or in work elsewhere in a mine of such kind which in the opinion of the Board is sufficient to give him a practical knowledge of coal mining, and in addi tion has spent at least one year in a machine shop or an engineering shop or an electric engineering shop; or he is the holder of a diploma or degree in scientific and mining training granted by an educational insti tution approved by the Board, and has in addition gained experience by working at underground coal mining for a period of three years and during that period has worked at coal mining in Canada for at least two years, and has, during not less than one year been engaged in work at the working face or

20 in work elsewhere in a mine of such kind which in the opinion of the Board is sufficient to give him a practical knowledge of coal mining. 39. No person shall be granted a third class certificate of competency, unless,- (

a) he is at least twenty-three years of age; and (

b) he has had at least three years' pra,ctical experience in a coal mine; or (

c) he is the holder of a diploma or degree in scientific and mining training granted by an educational insti tution approved by the Board and has in addition gained experience by working at underground min ing for a period of at least two years, one year of which shall have been at the working face, or work equivalent thereto. 40.-

(1) No person shall be granted a certificate of competency as a mine surveyor, unless,- «(() he has had two years' practical experience in the underground surveying of coal mines; or (

b) he has had one year's pra,ctical experience in the underground surveying of coal mines and two years' practical experience in surveying with an Alberta land surveyor or a Dominion land surveyor; or (

c) he is the holde-r of a diploma or degree in scientific and mining training after a course of study of at least two years at an educational 'institution or uni versity approved by the Minister; or (

d) He is an Alberta Land Surveyor or a Dominion Land Surveyor who has had three months' experi ence in mine surveying under a mine surveyor in Alberta; and

(2) He is also competent,- (

a) to make an accurate survey of the workings of a coal mine, and to connect such survey with a surface survey; and (

b) to make accurate surveys and levellings; and (

c) to plot accurately surveys and levellings. 41.-

(1) No person shall be granted a certificate of com petency as a mine electrician unless,- (

a) he is at least twenty-one years of age; and (

b) he has had at least two years' electrical experience in a mine; or (

c) he has had at least four years' practical electrical e:cperience at other electrical work, together with SIX months' electrical experience 'in a mine; or (

d) he is the holder of a degree or diploma from a recog nized electrical school approved by the Board and two y~ars' practical electrical experience, six months of whIch shall have been in a mine.

(2) The Board may from time to time prescribe the division of mine electricians' certificates into Classes or grades, and prescribe the work which may be performed by each class or grade. 42.-

(1) No first class, second .class or third class certifi cate of competency and no certificate of competency as a mine surveyor or as a mine electrician shall be granted to any pers,on who Qoes not produce to the Board satisfactory evidence of his sobriety, experience and general good conduct.

(2) A first class, second class or third .class certificate of competency or a mine electrician's certificate of compe tency shall not he granted to any person who does not produce to the Board a certificate from a recognized ambu lance society, showing that he has taken a course in first aid and ambulance work, fitting him to give first aid.

(3) The holder of a mine electrician's certificate who at the time this Act is assented to is not the holder of a first aid certificate from a recognized ambulance society, shall within two years produce evidence to the Board that he is the holder of such certificate, and failure to produce such evidence may result in the cancellation by the Minister of his mine electrician's certificate. 43. There shall be two .classes of miners' certifi'cates, (

a) Class "A" miners' certificate; (

b) Class "B" miners' certificate. 44. No person shall be granted a Class A miner's certifi cate unless,- (

a) he is at least twenty years of age and (

b) he has sufficient knowledge of the English language to enable him to give and understand working direc tionsand warnings in English and (

c) he is the holder of a Class B miner's certificate and (

d) he has had at least six months' experience at the working face in a coal mine. If an applicant satis fies paragraphs (

a) and (

b) and is not the holder of a Class B miner's certificate, a Class A shall be granted on the production of sworn evidence that he has had twelve months' underground experience, six months of which shall have been at a working face; and (

e) he satisfies the Miners' Board upon examination that he is competent to have the charge of a working face. 45. No person shall be granted a Class B miner's certifi cate unless,- (

a) he is at least eighteen years of age and

(b) (c) (d) 22 he has a sufficient knowledge of the English language to enable him to understand working directions and warnings in English and he has been employed underground in a coal mine in any capacity for at least six months; and he satisfies the Miners' Board upon examination that he is competent to work at a working face under the supervision of the holder of a Class A miner's certificate. 4-6.-

(1) Every candidate for an A miner's certificate and every candidate for a B miner's ·certificate who has not previously done so, shall present a certificate from a properly qualified medical practitioner for the Province in a form satisfactory to the Workmen's Compens.ation Board, to the Miners' Board certifying as to his physical fitness to do the work required of a coal miner.

(2) A Class A miner's certificate or a Class B miner's certificate shall not be granted to any person who does not produce to the Miner's Board satisfactory evidence of his experience and competency. 47. In any case where a person has made application for a Class A miner's certifi·cate or a Class B miner's certificate, as the case may be, and satisfies the District Inspector that subject to his being examined he possesses all the qualifi cations required by this Act entitling him to be granted the certificate applied for, the District Inspector may grant a provisional certificate of the .class ·applied for.

Such pro visional certificate shall be in effect until the expiration of sixty days from the date of its issue or until the next exam ination of candidates for Class A and Class B miners' c.ertificates to be held at the designated place at or nearest to the mine at which the holder of such provisional certifi cate is employed, whichever event happens first; and whilst such provisional certificate is in effect, the holder thereof shall be deemed to be the holder of a Class A or Class B miner's certificate, as the case may be.

Provided always that the Chief Inspector may by order publi~hed in The Alberta Gazette, suspend the operation of thIS se·ction from time to time, e.ither as to the whole of the Province or as to any specified part or parts thereof, and for such time or times as he may prescribe in such order. 48. No person shall work at the working face as a miner in any mine unless he is the holder of a miner's certificate granted under this Act or is the holder of a first, second or third class certificate of competency under this Act. 49.-

(1) No person shall be employed or work or be permitted to work in any class set out in the first column of the

Schedule to this

section unless he is the holder of a certificate of the description set out in the second column thereof, opposite the class so set out.

23 SCHEDULE. Class Requisite Certificate Miner having charge of any working Class A miner's certificate. face. Miner at the working face under the Class A miner's certificate. supervision and direction of a Class or A miner thereof. Class B miner's certificate. Machineman. Class A miner's certificate. Machineman's helper. Class B miner's certificate. Ma,chine scraper. Class B miner's certificate. Timberman in charge of timbering Class A miner's certificate. operations at a working face or on any roadway or in other place.

Timberman's helper engaged in timb- Class B miner's certificate. ering operations at a working face. Brattice man. Class A miner's certifi·cate. Loading machine runner, driller, Class A miner's certificate. brusher, ripper, tracklayer. Loading machine runner's helper, Class B miner's certificate. driller's helper. Loaders. Class A miner's certificate. Moving cogs and erecting cogs. Class A miner's certificate. Helping moving cogs and erecting Class B miner's certificate. cogs. Erecting and moving conveyor man. Class A miner's certificate. Conveyor man's helpers. Class B miner's certificate.

Provided alway,s that under no ,circumstances shall the number of the holders of Class B miner's certificates em ployed in any class mentioned in the foregoing

Schedule exceed the number of holders of Class A miner's certificates with whom and under whose supervision they are so employed: Provided further that nothing in this

section shall pre vent an electrician, mechanic, pipe fitter or any skilled employee from doing repair work at the working face on coal-cutters, machinery, cables, motors or other equipment, notwithstanding that he is not the holder of a Class A miner's certificate, but in any ;case where the mine or that

section of the mine in which the repair work is required to be done is not in normal operation, he shall be accom panied at all times by a person who is the holder of a first class, se,cond class or third class certificate of competency.

(2) If any dispute arises as to the class of certifi.cate necessary for any particular kind or class of work, it shall be referred to the Chief Inspector whose de·cision shall be final.

(3) The Chief Inspector shall have power by order to suspend or cancel the certificate of any person holding an A or B miner's certifi·cate upon being satisfied that such person is incompetent or has been guilty of any dangeTous practice or improper conduct ; provided always that such person shall have the right of appeal to the Minister to have the matter inquired into and the Minister may in his discretion set aside or vary or confirm any order of the Chief Inspector. 50.

Upon the commencement of the employment at a mine of any person in a ,capacity for which he is required to have a Class A miner's certifieate or a Class B miner's certificate, the employee shall deliver his certificate to the owner, agent or manager of the mine who shall safely keep the same, so long as the employment continues, at the office at the mine, and shall return the same to the employee immediately upon the termination of the employment; and in the event of the mine being dosed down, or in the event of the death of the employee, any such certificates which have not been returned to employees shall be delivered up forthwith to the District Inspector.

MINE ELECTRICIANS. 51.-

(1) When electdcity exceeding in the aggregate fifteen kilowatts is used in or about any mine for power or lighting purposes, a competent person shall be appointed as mine electriCIan, who shall be subject to the authority of the manager, and in his absence, the overman and shall have charge of all electrical machinery and apparatus in or about the mine.

(2) A person shall not be qualified to act as a mine elec trician unless he is for the time being registered as the holder of a certificate of competency as a mine electrician under this Act, provided, however, in the case of mines using electrical energy not exceeding thirty kilowattts the Chief Inspector may grant a provisional certificate to a person with electrical experience to act as a mine electrician for. such time and under such conditions as he may presCrIbe.

(3) Any person who,- (

a) not being registered under this Act as the holder of a certificate, or provisional certifi·cate of competency as a mine electrician acts as a mine electrician in or about a mine where the electricity used for power or lighting exceeds fifteen kilowatts or so acts in any place in a mine where naked lights are pro hibited, notwithstanding that the electricity used is less than fifteen kilowatts; or .

25 (

b) kno.wing that such perso.n is not so. registered emplo.ys him as a mine electrician in or about such mine,- shall be guilty of an offence against this Act: Provided, ho.wever, it shall not be deemed to. be an offence if by reason of illness, tempo.rary absence o.r such cause the electrician is absent from duty, if the manager has appoint ed someone with technical kno.wledge to carryon tempor arily with his work even if he is no.t the holder of a certifi cate as a mine electrician. 52. Upon the reco.mmendation of the Chief Inspector, the Minister may by writing given under his hand, grant an exemption in respect of all or any of the pro.visions of

section 51 and either absolutely or upon such terms and conditions as the Minister may impose. 53. Where a certificated mine electrician is 'required to. be emplo.yed at any mine, the owner, agent or manager of the mine shall send to the inspector of the district wherein the mine is situated and the electrical inspector a written notice o.f such electrician's appointment, griving the name, address and number of his certificate, within fourteen days after the date of his appointment. 54.

The preceding sections 51 to. 5.3 shall not apply to electricians attending to lamp 'charging sets o.n the surface, electric signalling, telephones, or lighting on main intake travelling or haulage roads underground, provided such power does no.t exceed 15 kilowatts. 55. Every owner, agent and manager of a mine,- (

a) which is wo.rked without appo.intments having been made of manager, overman, examiner and electri cian, which by this Act they are requir,ed to make; o.r (

b) which is worked without any of the operations being under the supervision and control which this Act requires; o.r (

c) which is worked without conforming to any of the requir,ements o.f this Act with reference to. the apPo.intment of any manager, overman, examiner or electrician; or (

d) who permits any person to act as manager, o.ver man, exam,iner o.r electrician who. is not appointed and qualified so to. act as is by this Act required; or (

e) who. permits or allo.ws any person to. work at the working face who. is not qualified as is by this Act required,- shall be in each such case guilty o.f an o.ffence. 56. Every person who. o.btains o.r seeks to obtain emplo.y ment at a m,ine in any capacity for which this Act requires him to. be the ho.lder of any certificate under this Act by

26 means Qf a false Qr fraudulent certificate or by falsely repre senting himself to be the hQlder Qf the requisite certificate, shall be guilty Qf an Qffence. OWNER OR AGENT. 57.-

(1) Any owne-r Qr agent taking

part in the technical management Qf any mine shall be the hQlder Qf a first class eertificate Qf competency fQr the PrQvince, and subject to' the same responsibilities and penalties under this Act as the mine manager.

(2) The owner Qr agent Qf a mine shall nQt interfere in the technical management Qf the mine in any way calculated to' bring abQut any breach of any of the prQvisions Qf this Act, Qr Qf any Qf the regulatiQns made he-r€under.

(3) Immediately UPQn the appointment pursuant to this Aet Qf a perSQn to' be manager, assistant manager Qr over man of a mine, Qr to' perform tempQrarily the duties Qf manager Qr Qverman, the Qwner or, if an agent has been aPPQinted, the agent, shall send to the Chief Inspector and to the Inspector of the District, nQtice of the name and address Qf that perSQn, and the number and class of certifi cate held by him, and if he fails to do so he shall be guilty of an offence under this A·ct. MANAGER. 58.-

(1) Every mine shall be under one manager who shall be the holder of a first class certificate as mine manager for the Province unless otherwise prQvided fQr in this Act, whO' shall be responsible fQr the cQntrol, manage ment and direction Qf the mine, and the owner Qr agent of every mine shall appoint himself or some other person to' be manager Qf such mine.

(2) If any mine is wQrked without there being such a manager for the mine as is required by this sectiQn, the owner and agent shall each be guilty of an offence against this Act.

(3) If the perSQn appointed to be manager of a mine, by reason of his death, resignation or Qtherwise, ceases to be manager, nothing in this

section shall prevent the mine being worked for a period (nQt exceeding thirty days), until a new manager is appointed, if in the meantime a perSQn holding a first or second class certificate of compe tency under this Act is tempQrarily apPQinted to perform the duties and exercise the powers Qf manager.

(4) In ease one or more seams are being worked from separate openings, then notwithstanding that they are ven tilated by a common system of ventilation or each by separate fans, the Chief InspectQr may in -his discretion order that the workings be under Qne manager and one or more assistant managers as he may deem fit, and his decision in the matter shall be final.

(5) No person being the manager, overman or examiner at any mine shall act as the overman or examiner of any other mine. (6 ) No person who is the manager of any mine, other than a small mine, shall act in the same mine in any other capacity unless spe,cifically authorized in writing by the Chief Inspector.

(7) In every mine in which more than fifty men are employed in a twenty-four hour period there shall be an overman appointed who shall not be the manager. 59.-

(1) Every mine shall at all times whilst being worked, be under the daily personal supervision of the manager, who shall be in daily attendance at the mine while same is working.

(2) No mine shall be deemed to be managed in accordance with the requirements of The Coal Mines Regulation Act unless the mine manager or the assistant manager visits every working district once in every fourteen days.

(3) In the event of the absence for a period of not more than thirty days of the manager on leave or from sickness or other temDorary cause, such daily personal supervision. a~ i~ required by this

section to be exercised by the manager. s 'hall be exercised by a person holding a first class or second class certificate of competency under this Act.

(4) Any person performing the dutieR of a manager shall have the same responsibility, and shall be subiect to the same liability, as if he had been duly appointed as the manager.

(5) Anyone person shall not be the manager of more than one mine at the same time unless written permission has be,en granted to him by the Chief Inspector to so act, and then only in the event that the mines are operated by the same owner or company. 60.-

(1) No person shall be qualified to be appointed or to be m,a.nag,er or assistant manager of any mine except a mine worked by removing the overlaying strata or a small mine unless he is for the time being the registAred holder of a first class certificate of competency under this Act.

(2) A mine in which not more than thirty persons are employed underground in the space of a twenty-four hour day shall be exempt from the provisions of this Act in so far aR it relates to the appointment of a manager, unless the Chief Inspector, by notice in writing served on the owner or agent, requires the same to be under the control of a manager; but the operations underground shall be under the daily charge of a person holding a second class certificate under this Act.

28 OVERMAN. 61.-

(1) The underground workings of every mine shall so long as it is being worked be under the control and daily personal supervision of an overman, and the owner, agent or manager shall appoint him in writing and notice of the appointment shall be sent to the Chief Inspector and District Inspector.

(2) If more than one shift is worked in any mine in any one twenty-four hour day, the underground workings shall be in the continuous charge of an overman during each underground shift of more than fifty men, and such overman shall not perform any other duties if such duties interfere with the due performance of the duties imposed upon him by this Act.

(3) No person shall act or be permitted to act as overman in any mine unless he is the holder of a first class or second class certificate of competency granted under this Act, except in the absence of the overman for a period of not more than thirty days on leave or from sickness or other temporary cause in mines where there are no other persons available who are the holders of first or se,cond class certificates of competency employed at the mine to replace him, such daily personal supervision may with the consent of the District Inspector be exercised by an examiner who is the holder of a third class certificate of competency and em ployed at the mine. ( 4) In a mine other than a small mine, the overman is prohibited from performing the ordinary duties of an examiner or shot lighter except with the written approval of the District Inspector.

(5) Any person employed as an overman under this Act shall devote his whole time to the supervision of the mine or part thereof and the fulfilling of his statutory duties, but nothing in this

section shall prevent him from doing such acts as are necessary for the safety of the mine or of the persons employed therein.

(6) In the case of a small mine the overman may also be the manager, unless and until the Chief Inspector by notice in writing addressed to the owner or agent of the mine, and delivered at the office at the mine, requires that the duties of manager and overman shall be discharged by separate persons.

(7) In the case of mines in which not more than ten men are employed underground in the space of a twenty-four hour day, the overman may be a person who is the holder of a third class certificate to whom the Chief Inspector has issued a provisional certificate authorizing such person to act as overman for the time and at the mine specified in the provisional certificate.

(8) In the case of mines in which not more than five men are employed underground in the space of a twenty-four

29 hour day, the overman may be a person who has a miner's certificate with five years' underground experience and who is a British subject, to whom the Chief Inspector has granted a provisional certificate authorizing him to act as overman for the time and at the mine specified in the certificate.

(9) The overman shall under the general direction of the manager, if any, have the general control and super vision of all the underground operations at the mine and the officials and men engaged therein.

(10) The wages of any person employed as an overman shall not depend upon the amount of any coal or other mineral gotten by him.

(11) Every person who contravenes any of the provisions of this

section shall be guilty of an offence. EXAMINERS 62.-

(1) The owner, agent or manager of every mine shall appoint one or more examiners in writing, to make such inspections and carry out such duties as to the presence of gas, ventilation, state of 'roof and sides. and general safety and such other duties as are required by this Act and the regulations made thereunder; and such examiners shall be the holders of first, second or third class certificates under this Act. ,

(2) In ease it is necessary on aecount of the size of the mine or other circumstances that whilst it is being norm'aIIy operated there should be more than one examiner in the mine at the Rame time. the owner. aQ'ent or manaQ'er of a mine ~hall divide the mine into districts and shall provide that whilst it is being normally operated there shall be one examiner for each such district on each shift, within which the examiner shall discharQ'e the duties imposed upon him by thiR Act: and every district shall he of Ruch size that the examiner can properly discharge such duties.

(3) The manager or overman of a mine may act as an examiner at that mine, unless the size of the mine and the other circumstances are such that he cannot properly dis charge all his duties as manager or overman and examiner.

(4) The Chief Inspector may in case of grave emergency issue a provisional third class certificate to any person he deems qualified to act as an examiner. 63.-

(1) The size of a district of a mine assigned to any examiner shall not be so large as to prevent him from carrying out his inspection duties in a thorough manner.

(2) Every examiner shall devote his whole time to his inspection duties under this section. except where the duties assigned to or undertaken by him in addition to his inspec tion duties, are not such as to prevent him carrving out ~mch inspection duties in a thorough manner, hut this provision shall not prevent the examiner being employed in measur-

30 ing the work done by persons in his district or in firing shots in his district, nor shall this provision apply in respect of any mine in which the total number of men employed underground at one time does not exceed thirty. ,

(3) Where any question arises as to whet~er any a~di tional duties are such as to prevent any examIner carrYIng out his duties in a thorough manner, the Inspector of the District shall decide the question, and his decision shall be final. SHAFTS, MINE EQUIPMENT AND PROVISION FOR MINE OUTLETS. 64.-

(1) The owner, agent or manager of a mine shall not employ any person therein, nor permit any person to be therein for the purpose of employment unless the following conditions respecting outlets to the surfa,ce are complied with, that is to say: (

a) Every seam which is for the time being worked shall have at least two ouUets to afford proper means of egress available to the persons employed in the seam; (

b) Such outlets shall not at any point be nearer to one another than one hundred feet and there shall be between such outlets a communication road not less than five feet wide and five feet high, and every airway and travelling road shall be of the size herein specified unless exempted in writing by the District Inspector; (

c) Proper apparatus or ladders for the descent and ascent of persons at such outlets shall be kept on the works belonging to the mine and such apparatus or ladders shall be in good repair and constantly a vailable for use; (

d) Every part of a mine in which ten or more persons are employed at the same time shall he provided with at least two ways affording proper egress to the surface; but this nrovision shall not apuly when the same is exempt by written order of the Chief Inspector; (

e) In any shaft or slope where the same is liable to freeze, adeauate urecautions shall be taken to keep the same clear of ice at all times.

(2) The Supreme Court or any judge thereof, whether any other proceedings have been taken or not, may uuon the applicatjon of the Attorney General prohibit by injunction the .working of any mine in which any person is employed Or IS permitted to be for the purpose of employment, in contravention of this section, and may award such CORtS jn ~he matter ~f the injunction as the Court or judge thinks Just; but thIS provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Act.

(3) Written notice .of the intention to apply for such injunction in respect to any mine shall be given to the owner, agent or manager .of the mine, not less than ten days before the application is made. 65. No person shall be precluded by any agreement from doing such acts as are necessary for providing a second outlet t.o a mine, where the same is required by this Act, or be liable under any contract to any penalty or fDrfeiture for doing such acts as are necessary to comply with the pro visions of this Act with respect to outlets. 66.-

(1) The foregoing provisi.ons of this Act with re spect to .outlets shall not apply to, - (

a) a new mine or seam being opened; (

b) any working for the purpose of making a communi cation between two.or more outlets; (

c) any working for the purpose of searching fDr or proving minerals; (

d) any proved mine which is exempt by .order of the Minister on the ground either ,- (

i) that the quantity .of coal Dr .other mineral proved is not sufficient t.o repay the outlay which would be oc.casioned by sinking Dr mak ing a secDnd .outlet, Dr by establishing com municatiDn with a secDnd .outlet in any case where such cDmmunication existed and has become unavailable; Dr (ii) that the wDrkings .of any seam of the mine ha ve reached the bDundary .of the prDperty Dr the extremity .of the mineral field .of which that seam is a part, and that it is expedient to wDrk a way the pillars already fDrmed in course .of ordinary wDrking nDtwithstanding that .one of the .outlets may be ,cut off by SD wDrking away the pillars .of the same; (

e) any mine, while an .outlet is being made therefrom, or where .one of the outlets thereDf has become by reason .of SDme accident, unavailable fDr the use of the perSDns employed in the mine, SD long as the ,-nine is exempt by order .of the Minister.

(2) The prDvisiDns of paragraphs (a), (b), (

c) and (d) .of this sectiDn shall .only apply so lDng as nDt mDre than twenty persDns are employed belDw ground at anyone time in the whDle .of the different seams in connection with a single .outlet.

(3) Every perSDn who contravenes any of the provisions of this

section shall be guilty of an offence. 67.-

(1) A fan and proper means for driving the same shall be provided at every mine for the production of ven tilation and all the machinery, apparatus and devices for

32 that purpose shall be kept in good working order and conditIOn at all times and the fan shall be kept in operation at all tImes when men are in the mine, unless adequate ventilatIOn is maintained by some other means.

(2) No fan or other ventilating device whi,ch provides for the ventllation of any mine or any distri~t thereof, shall be stopped without the consent of the manager. 68. Every mechanical contrivance for the production of mine ventllation other than an auxiliary contrivance shall be placed above ground. -69.

If more than twenty persons are employed in any mine below ground, sufficient accommodation shall be pro vided for enabling the persons employed above and below ground at the mine to conveniently wash themselves and dry and change their clothes and the aC,commodation shall not be in the engine house or boiler house. 70. Properly constructed ambulances or stretchers with splints, bandages, and sufficient medical and other supplies necessary for the purpose of rendering first aid shall be kept at every mine ready for immediate use in case of accident. 71.

Unless there is a hospital at or within two miles from the mine, or unless exemption has been granted by the Chief Inspector in writing, there shall be provided and main tained at every mine in a convenient place at least two beds properly furnished and suitable for the use of persons injured at the mine until su_ch time as such persons can be removed to a hospital. 72. Every mine shall be provided with sufficient build-ings,- (

a) for a mine office; (

b) for the storage and distribution of explosives; (

c) for a washhouse; (

d) for a bunk house or building frequented by any person or workmen; (

e) for latrines; (/) for a lamp house at mines where safety lamps are used; (

g) for a weig~t s'cale for weighing, and 'all coal shall be sold by weIght on the basis of two thousand pounds per ton, and the giving of over-weight is prohibited. Provided that the storage or keeping of explosives in any office, washhouse, lamp house, bunk house or building fre quented by any person or workmen, is prohibited. 7~. In ever~ mine from which egress cannot readily be obtaIned, suffiCIent and convenient provision shall be made in the mine of suitable latrine accommodation for the

33 persons employed below ground -and such accommodation shall be of sU,ch description that it shall be odourless and sanitary at all times and shall be so located as to be readily accessible to the persons employed in the mine. '14.-

(1) No machinery, equipment, tool or appliance operated otherwise than by hand and no explosive or ma chinery shall be taken into any mine or used underground in any, mine unless such machinery, equipment, tool, appliance or explosive is of a kind and description approved by the Chief Inspector.

(2) The Chief Inspector may if he thinks fit upon appli cation being made to him for the purpose, issue a special permit authorizing the applicant to install and use below ground for demonstration or experimental purposes at such time, during such period or periods and subject to such conditions as he may prescribe, any specified machinery, equipment, tool, appliance or explosive which is not of a kind or description which has been approved by the Chief Inspector.

(3) Any such machinery, equipment, tool or appliance may be operated at the working face by a demonstrator who is not the holder of a miner's certificate if the demonstrator is accompanied by and is under the direction of a person who is the holder of a Class A miner's certificate, and not otherwise, and whilst the demonstrator is at the working face he shall obey the directions of the holder of the Class A miner's certificate accompanying him.

(4) Any such explosive may be used for the purpose of blasting by a demonstrator who is not the holder of a third class ,certificate, if the demonstrator is accompanied by and under the direction of a person who is the holder of a first, second or third class certificate of competency and not otherwise, and the demonstrator shall obey all directions given to him by such person. BOOKS, RECORDS AND PLANS, AND THE MAKING OF RETURNS. 75.-

(1) All books required to be kept pursuant to this Act or pursuant to any order or regulation made hereunder shall be provided by the owner, agent or manager and the same or a correct copy thereof shall be kept at the office of the mine or at such other places at the mine where the same are ordinarily and properly kept, and an inspector or any person employed in the mine, or anyone having the written authority of the Chief Inspector, may at all reasonable times inspect and take extracts or copies from such books.

(2) Every report required by this Act to be recorded in a book kept at the mine for that purpose shall be counter signed by the manager within three working days after the day on which the report is made.

34- 76. Nothing in this Act shall be construed to impose an obligation to keep any book or copy theTeof for more than twelve months after the same has ceased to be used for entries therein under this Act; and any report by this Act required to be recorded in a book may be partly in print or lithograph and partly in writing and no report book once used shall be again used for such purpose. 77.

The owner, agent or manager of every mine shall keep in the office at the mine a book in which shall be entered the name, age, residence, the number of certificate, and date of first employment of every person employed in connection with the mine; and also a daily record in which shall be entered the time of checking in and checking out of every such person, and, if the time between the check ing in and checking out of any such person or of the com mencement and cessation of work exceeds the time permitted by this Act, the reason for the excess. 78.

The owner, agent or manager of every mine shall provIde suitable books for the purpose of entering therein all the records which are by this Act or by any regulations pursuant hereto required to be made, and shall cause all such records to be entered therein. 79. The owner, agent or manager of every mine shall at all times keep posted up in a conspicuous and convenient place at the mine,- (

a) a notice setting out the name of the owner, agent and manager employed at the mine and of the District Inspector; (

b) a copy of this Act, and all regulations, Tules and orders made pursuant hereto. 80.-

(1) The manager of every mine shall on or before the fifteenth day of each month send or cause to be sent to the Chief Inspector a correct return showing the quantity of coal or other material wrought or mined in such mine for the preceding calendar month, together with such other information as the Chief Inspector may demand.

(2) Such return shall be in such form as from time to time is prescribed by the Chief Inspector, who shall from time to time on application furnish forms for the purpose of the return. NOTICE OF ACCIDENT AND REPORTING OF ACCIDENTS. 81. In or about any mine, whether above or below ground, when,- (

a) los'S of life occurs to any person, the owner, agent or manager shall immediately thereafter send notice of the. death by telegram to the Chief Inspector and to the District Inspe,ctor and within twenty-four

35 hours thereafter shall make a return in the form set out in this

section to the Chief Inspector and to the Distriet Inspector; (

b) serious personal inj ury occurs to any person, the owner, agent or manager shall within twenty-four hours thereafter make a return in the said form to the Chief Inspector and to the District Inspector; (

c) any personal injury whatever occurs to any person by reason of any explosive or any explDsion what- , ever, the owner, agent or manager shall immedi ately thereafter send notice of the explosion by telegram to the Chief Inspector and to the District Inspector and within twenty-four hours thereafter shall make a return in the said form to the Chief Inspector and to the District Inspector; (

d) any personal injury, of which notice has been sent under this section, results in the death of the person injured, subsequent to the sending of the notice, then notice of the death by telegram shall be sent immediately to the Chief Inspector and to the District Inspector after knowledge of such death has reached the owner, agent or manager; (

e) any personal injury whatever occurs to any person by electdcity or by overwinding or by or from such other cause or means as the Chief Inspector may designate, the owner, agent Dr manager shall within twenty-four hours thereafter make a return in the said form to the Chief Inspector and to the District Inspector; (

I) any injury is sustained by any person by reason of the breaking of any hoisting ropes, the owner, agent or manager shall within twenty-four hours there after make a return in the said form to the Chief Inspector and to the District Inspector; (

g) any explosion of gas Dr coal dust occurs, or any explosives prematurely explode, or any gas is ignited, or any fire occurs, or any accident happens which might reasonably be expected to cause injury to any person, notice thereof in writing shall be sent to the Chief Inspector and to the District Inspector, by the owner, agent or manager immediately thereafter; (

h) loss of life or serious personal injury has immedi ately resulted from an accident, the place where the accident occurred shall be left in the same condition as it was at the time of the accident for at least three days after sending notice as aforesaid to the Chief Inspector and to the District Inspector Dr until the visit to the place by an inspector, whichever event happens first, unless compliance with t~is provision would tend to increase or continue a danger, or would impede the working of the mine; (

i) any inflammable gas has been fDund in any mine in which safety lamps are not required to be used,

36 the owner agent or manager shall forthwith notify the Chief inspector and the District Inspector, using for that purpose the most expeditious means avail able. THE FORM. Form of Notice of Explosio1!' or: Accident to be S~nt to the Chief Inspector and D'istrwt Inspector of M'in~s. Name and postal address of owner............ . ............................. . Name of mine ............................................................................. . Date ............................................................................................ .

To the Chief Inspector, Edmonton, Alberta, or to the District Inspector (if to the District Inspector, insert the last known place of abode of such Inspector) . In pursuance of The Coal Mines Regulation Act, I beg to give you notice that an explosion (or accident, as the case may be), has occurred at this mine, of which the following are the particulars: Name of person (

s) killed .......................................................... . Name of person (

s) injured.. .. ....................................... .. Occupation ...................................................................... . Age .................... . .................................................................. . Date of accident ...................................................... .. Time of accident. ....................................................................... . Place of accident. ....................................................................... . Date of first employment.... ................... .. ................... ..

Nature of injuries...... . ......................................................... . Causes with full description of accident....... . .................. . Other remarks .......................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ......... . Owner, Agent or Manager. SHAFTS FOR HOISTING. 82.-

(1) The top of every shaft which for the time being is out of use or used only as an air shaft shall be kept securely fenced for the prevention of accidents.

(2) The top and all entrances between the top and bottom of every working, ventilating, or pumping shaft shall be properly fenced for the prevention of accidents, but this shall not prevent the temporary removal of the fence to make repairs or for other operations if proper precautions for safety are used in the meantime.

(3) Where one portion of a shaft is used for the lower ing or raising of persons by ladders or otherwise, and another portion is used for raising the material gotten in the mine, no person shall travel or be permitted to travel in

37 the shaft when the same is in operation, unless the first mentioned portion is either cased or otherwise securely fenced from the last mentioned portion.

(4) Where the natural strata are not safe, every working, pumping or escapement shaft shall be securely cased, lined or otherwise made secure. 83.-

(1) Every entrance to any place below ground in a mine not in actual use or in the course of working and extension, shall be properly fenced around the whole width of such entrance so as to prevent persons inadvertently entering the same.

(2) Proper apparatus for raising or lowering persons and for ingress or egress at each ,shaft or outlet, where necessary, shall be kept at each of the two shafts as are required by the foregoing provisions of this Act: P.rovided that this subsection shall not apply to any out let by which persons can walk into or out of the mine, or to any shaft not exceeding two hundred feet in depth provided it is equipped with a proper ladderway or stairway.

(3) Any ladder used permanently for ingress or egress in any such escapement shaft shall be set at an angle of not more than forty-five degrees, and shall be provided with hand rails and with platforms or landings at each turn of the stairway. 84.-

(1) In the case of a mine operated by power obtained from any source not under the sole control of the owner of such mine and having two shafts more than two hundred feet deep, proper and separate apparatus for rais ing or lowering persons to or from the surface, actuated by an independent source of power, shall be kept at one of the two shafts or outlets required by the foregoing provisions of this Act, and such apparatus, if not in actual use, shall be constantly available for use.

(2) Every working shaft used for the purpose of draw ing minerals or for the raising or lowering of persons, if of a greater depth than fifty feet, shall be provided with guides and some proper means of ,communicating distinct and definite signals from,- (

a) the surface to the bottom of the shaft; (

b) the bottom of the shaft to the surface; (

c) every entrance for the time being in use off the shaft to the surfa,ce; (

d) every entrance for the time being in use off the shaft to the bottom of the shaft.

(3) Every shaft if over fifty feet in depth, in which men are raised or lowered, must be equipped with a cage or cages fitted to guides running from the top to the bottom of the shaft.

(4) Every cage shall be provided with catches or other suitable device to prevent the cars falling out, and if used

38 for raIsIng or lowering persons, shall be covered in com pletely at the top and closed at the sides in a sufficient manner to prevent persons or things from projecting beyond the sides and shall be provided with suitable gates, bars or chains and with suitable hand hold rods, or rails so they can be easily reached by all persons in the cage.

(5) Every cage shall be equipped with safety catches or safety dogs to prevent the cage from falling down the shaft in the event of the rope breaking, provided, however, that this shall not apply to any shaft in which steel wire rope guides are used.

(6) All shafts shall be provided with safety gates at the top and intermediate landings, such gates to be approved by the District Inspector.

(7) In all shafts over three hundred feet in depth or where the hoisting speed exceeds four hundred and fifty feet per minute where persons are being raised or lowered, detaching hooks or over-winding devices shall be provided unless such shafts are exempted from the operation of this subsection by the Chief Inspector in writing.

(8) No car either empty or loaded or other material and no implements or tools other than sdentific instruments shall be raised or lowered whilst persons are being raised or lowered in the same shaft, whether on the same cage or not.

(9) The maximum number of men allowed to ride in each cage shall be approved by the District Inspector and the manager shall cause to be posted at the top and bottom of each shaft, a notice of the maximum number so approved. SIGNALLING. 85.-

(1) The code of signals shall be uniform for the Province and shall apply to any shaft where men or material are being raised or lowered: Provided, however, that such ,code of signals may be added to by the mine manager to cover any additional purpose for which signals require to be transmitted but the general code shall not apply to any sinking shaft. CODE OF SIGNALS.

(2) Signals shall be given by means of sound upon a gong or bell or any other device whereby an audible sound is made; and signals for any operation hereunder mentioned shall be given by making the number of separate sounds set opposite such operation as follows:

39 Operation Descent (

a) When a person is about to descend, the banks m~n :snall si~nal to the cager or onsetter and to the hOIstIng engIneer ............................................................. . (

b) Before the person enters the cage, the cager or onsetter shall signal to the banksman and hoisting engJneer ............................................................................. . (

c) When the cage at the bottom is clear and ready to ascend, the cager or onsetter shall signal the banks- man and hoisting engineer ............................................ .. (

d) When the person is in the cage and ready to descend, the banksman shall signal to the hoisting engineer ............................................................................... . Ascent No. of Signals 3 3 1 2 (

a) When a person is about to ascend, the cager or on~et.ter sha~l signal to the banksman and to the hOIstIng engIneer ... ................. ................................... ....... 3 (

b) Before the person enters the cage, the banksman shall signal to the cager or onsettler ......... :...................... 3 (

c) When the person is in the cage and ready to ascend, the cager or onsettler shall signal to the banksman and to the hoisting engineer ................... ,........................ 1 (

d) When the banksman has received the signal from the onsetter or eager, he shall signal to the hoisting engineer ................................................................................ 1 For hoisting otherwise than with persons: (

a) To raise up.......................................................................... 1 (

b) To stop when in motion.................................................... 1 (

c) To lower down.................... ..................... .............. ........... 2 (

d) To raise steadily................................................................ 4 (

e) To lower steadily................................................................ 5

(3) Notices containing the signals shall be posted in the engine room, at the pit bank and at each entrance into the wor kings from the shaft.

(4) The mine manager shall in addition, arrange for a code of signals for any sinking shaft, for the operation of any haulage, to be placed in the engine room and at other appropriate places. HOISTING ApPARATUS. 86.-

(1) Hoisting apparatus worked by mechanical power shall be so designed, constructed and maintained, that with the 'Power provided, the raising and lowering of persons can be ,carried out with ease, regularity and safety and shall be firmly connected to a rigid foundation so as to prevent any m.aterial movement as a whole.

(2) When hoisting apparatus in worked by other than mechanical power, it shall be efficiently constructed and maintained and provided with a locking device or brake sufficient in itself to hold the load at any point in the shaft.

(3) Every hoist used for the raising or lowering of persons shall be completely separated by a substantial parti tion from every other engine used for any purpose other than raising or lowering persons, unless a written exemption is given by the District Inspector. 87.-

(1) Every hoisting engine used for raising or low ering persons, shall be provided with a good and sufficient brake on the drum so adjusted that it may be operated by the engineer without leaving his post at the levers.

(2) The drum thereof shall be provided with flanges of such size that when the whole rope is wound on the drum, there shall be not less than four inches between the outer layer of rope and the outer, edge of the flange, except in the case of cylindric-conical drums. (.3) One end of each hoisting rope shall be well se,cured on the drum and at least three laps of the rope shall remain on the drum when the cage is at rest at the lowest caging place in the shaft, and the lower end of each rope shall be securely fastened to the 'cage by suitable ,capping, clamps, chains and any other approved means.

(4) An index dial or indictator which plainly shows the engineer at all times the true position of the cages in the shaft, in addition to any mark on the rope, shall be provided. ROPES AND CHAINS. 88. No single link chain shall be used for raising or low ering persons in any working shaft or, place save and except the short coupling chain attached to the cage or load and then safety chains or ropes shall be used of sufficient strength to take the load incase of failure of the coupling chain, and all cage chains shall be annealed once at least in every six months.

The dates of annealings of the chains shall be recorded in a book to be kept for the purpose. 89. A competent person shall superintend the capping and recapping of hoisting ropes used for lowering or raising persons and see that it is properly carried out, and such person shall be appointed by the manager in writing, and the manager shall satisfy himself of the competency of the person so appointed. 90.-

(1) Regardless of how the lower rope end is fast ened, the manager shall cause an examination to be made by the persons appointed under

section 89 once in every suc ceeding three months of such hoisting rope or cable in use for hoisting men and materials, by cutting a

section off the lower end of the rope, not less than five feet in length and

41 having such

section examined carefully both externaHy and internally for crystallization, corrosion and breaks.

(2) In the case of <cylindric-conical drums where other than white metal caps are used, subsection (1) shall apply with the words "three months" changed to "six months" but the safety factor of the rope when new shall not be less than eight. 91. Where white metal is used in the capping or ropes, the untwisted wires shall be thoroughly cleaned and before the white metal is poured into the socket, the latter shall be hea ted or warmed. 92.

In case any rope used as a hoisting rope in any shaft or slope shows signs of excessive wear or weakness, it shall be immediately replaced by another rope and the hoisting or lowering of men by such rope shall forthwith be pro hibited until this is done. PLANS OF MINES. 93.-

(1) The owner, agent or manager shall appoint in writing a mine surveyor who is the holder of an Alberta Mine Surveyor's Certificate whose duty is shall be to make surveys of the mine and to make and maintain plans as required by this section.

(2) The owner, agent or manager of every mine shall keep in the office at the mine a correct plan of the mine made by a mine surveyor, or copy thereof, showing the workings of the mine on a scale of not more than two hundred feet to the inch and showing the workings up to a date not more than three months previous and showing the position of the entrances to the mine with regard to a

section post on the surface: Provided that in the case of any small mine the Chief Inspector may by writing extend the said period of three months to any period not exceeding twelve months.

(3) Every such plan or copy thereof shall show,- (

a) the boundaries of the workings of the mine ,showing all working places; (

b) the position, direction and extent of every known fault in the mine with its vertical throw, and of every known washout and dike; (

c) the position of the workings with regard to the surface; (

d) the general direction and rate of dip of the strata; (

e) the depth of every shaft and the elevation of the floor of the coal in feet and decimals thereof, at reason able intervals on the main entries and slopes and at such other places as the District Inspector may require, from the entrance to the face of such places,

(f) (g) (h) 42 and such elevations shall be referred to a bench mark on the surface near the entrance to the mine which shall be in relation to sea level; a

section of the seam; by a line, the outer boundary of the area comprised in the last preceding survey and shall show by a date referring to such line the date upon which the last survey was made. Every such plan shall be signed by the person making the survey, if such person is the holder of a mine surveyor's certificate, and if he is not, then by the certificated person under whose supervision the survey was made; the legal description of all land from which coal is being mined, or otherwise removed, together with the names of the owners of the coal. ( 4) A similar plan shall be made showing the workings of every seam on which operations are conducted.

(5) All such plans shall be made of durable material and shall be prepared by or under the supervision of a person holding a certificate as a mine surveyor granted under this Act.

(6) The owner, agent or manager of every mine shall post in some conspicuous place at the mine a plan showing the prin,cipal ways of ingress and egress to and from the various outlets with the travelling roads leading thereto.

(7) The owner, agent or manager of every mine shall, on demand, produce at the mine to an inspector the plan of the workings thereof and shall, if requested by him, mark on such plan the progress of the workings of the mine up to the time of such production and shall allow him to examine the same and shall furnish to the Chief Inspector and the District Inspector for their information a correct copy of such plan when requested so to do.

(8) The Chief Inspector may, whether or not a penalty for the violation of any of the provisions of this

section has been inflicted, by notice in writing, require the owner, agent or manager, or any of them, within thirty days thereafter, to .cause a correct plan of the mine to be made as prescribed by this section; and in the event of the non-compliance with this section, the Chief Inspector may cause a survey and a plan of the mine to be made, and the cost thereof shall be payable by the owner, agent or manager and shall be recov erable from them, or any of them, by suit brought in the name of the Minister is any court of competent jurisdiction as a debt due to the Crown. 94.-

(1) Every plan prepared or kept pursuant to sec tion 93 of this Act shall be verified by the statutory declara tion of a person who is the holder of an Alberta Mine Surveyor's Certificate; such d~claration shall be indorsed on or attached to the plan to which it relates and shall be in the following form:

43 FORM OF STATUTORY DECLARATION. Canada, Province of Alberta The Coal Mines Regulation Act. I, .......................................................................................... , of .................. , .... . ... '" .................... .in the Province of Alberta, ........... ~ ............................... do hereby solemnly and sincerely declare:

(1) That I am the holder of Alberta Mine Surveyor's Certificate No ......................... .

(2) That the plan upon which this declaration is indorsed (or to which this declaration is attached), is correct, and shows thereon all the information required to be shown by The Coal Mines Regulation ~ct as at the ...................... day of .................................... , 19 ........ .

(3) That the said plan was prepared by me (or verified by me). And I make this solemn declaration of my own knowledge and 'cons·cientiously believing the same to be true and know ing that the same has the same force and effect as if made under oath and by virtue of The Canada Evidence Act. Declar·ed at. ................................. } in the Province of Alberta, this ............................................. . .......... day of ...................... , 19..... Declarant's Signature. Before me A Justice of the Peace/Notary Publici Commissioner for Oaths.

(2) Any surveyor who knowingly makes such plan which does not correctly show the data required by

section 93 or knowingly makes any false statement in connection there with shall be guilty of an offence and liable on

summary conviction to a fine of not less than fifty dollars or to imprisonment for not less than fourteen nor more than sixty days.

(3) Every pel'son who is the owner, agent, manager or overman of any mine or any person concerned therewith, who knowingly neglects or fails to furnish to the mine surveyor any information necessary for making any plan or gives false information regarding the distance any place has been driven or the size of the place, or as to the tonnage extracted from the mine or any pla·ce in a mine shall be guilty of an offence against this Act. NOTICES, ETC. 95.-

(1) All notices and documents required by this Act shall be in writing, print or lithograph.

(2) All notices and documents required by this Act to be served on or sent to the Minister or Chief Inspector may be either delivered personally or sent addressed to him at the seat of government by prepaid registered letter, and all notices and documents required by this Act to be served on or sent to the District Inspector may be either delivered personally or sent by prepaid registered letter addressed to his last known place of abode.

(3) All n'Otices and documents required by this Act to be sent by the Minister or an inspector, may be either served personally upon the parties affected thereby or sent by prepaid registered letter to their last known place of abode.

(4) The said notices if served or sent by post shall be deemed to have been served and received respe,ctively at the time when the letter containing the same would be delivered in the ordinary course ,of post; and in proving such service or sending it, it shall be sufficient to prove that the letter containing the notice was properly addressed, -registered and put into the post. 96.-

(1) Any certificate signed by the Chief Inspector as to whether or not any person named therein is the holder of any certificate which may be granted or issued pursuant to any of the provisions of this Act, either at the date of the certificate or at any time or times specified therein shall be evidence of the truth of the facts stated therein.

(2) Any extract from or copy of any book, document or plan in the office of the Chief Inspe,ctor which is certified by the Chief Inspector to be a true extract or copy shall be admissible in evidence without any further proof in any court as if such book, document or plan had been produced to the court by the Chief Inspector.

(3) Every such certificate purporting to be signed by the Chief Inspector shall be admissible in evidence without any proof of the signature or of the appointment of the Chief Inspector.

(4) All books, returns, notices, reports, forms and copies the-reof required to be kept, posted or forwarded in accord ance with this Act shall be in a form approved of by the Minister. PROCEDURE ON THE ABANDONMENT OF A MINE. 97.-

(1) N'O mine shall be abandoned by the owner thereof unless the agent, owner or manager thereof has given to the Chief Inspector notice in writing of intention to abandon the mine and such abandonment shall not take place without the consent of the Minister.

(2) When any mine is abandoned 'Or the working thereof permanently discontinued, at whatever time the abandon ment or discontinuance occurs it shall be the duty of the owner thereof and of every other person interested in the minerals of the mine to cause the top of every shaft and

45 every entrance from the surface to be adequately protected by filling the shaft from bottom to top and packed with ashes, dirt or other debris to the satisfaction of the Chief Inspector: Provided that notwithstanding any contract to the con trary, the owner of the mine shall, as between himself and any other person interested in the coal or other minerals of the mine, be liable to carry the provisions of this

section into ~ffect and to pay any costs, charges and expenses incurred by any other person interested in the coal or other minerals of the mine in car.rying this

section into effect.

(3) No person shall be precluded by any agreement or otherwise from doing or be liable to any injunction, damages, penalty or forfeiture in respect of such acts as may be necessary in order to comply with the provisions of this section.

(4) Any shaft or outlet which is not protected as required by this

section shall be deemed to be a nuisance.

(5) Where any slope, drift, tunnel or air hole has been abandoned it shall be filled up with debris or other material at its mouth, or as otherwise prescribed by the District Inspector. (6) .Nothing in this

section shall exempt any person from any liability under any other Act or at common law.

(7) Any person who without authority so to do removes any protection provided to safeguard any slope, shaft, drift or any opening to a mine, shall be guilty of an offence and liable on

summary ·conviction to imprisonment for a term of not more than six months.

ABANDONMENT PLANS. 98.- When any mine is abandoned either temporarily or permanently the owner thereof at the time of the abandon ment shall within three months, or within such extended period as the Chief Inspector may allow, in writing, in any specific case, deposit with the Chief Inspector a plan or plans of the mine prepared on durable material upon the same scale and in the same manner and containing the same information and details as are by this Act required in the case of the plans required to be kept whilst the mine is being worked, and every such plan shall show the position of all workings up to the date of abandonment and shall be certi fied to be corr~ct by a mine surveyor. 99.

All plans and sections so deposited shall be kept by the Chief Inspector. 100. No person except an inspector shall be entitled, without the consent of the owner for the time being of a mine, or authority from the Chief Inspector, to see any plan or

section while in the possession of the Chief Inspector, and such authority shall not be given unless the Chief Inspector is satisfied that the inspection of the plan is necessary in the interest of safety.

46 101.-

(1) If an abandoned mine is reopened, the owner shall be entitled to have the plans and sections returned to him 'On depositing with the Chief Inspector copies thereof or of such portions of them as the Chief Inspector may require, certified to be correct by a mine surveyor.

(2) When a mine has not been worked for a period 'Of twelve months, it shall be deemed to have been abandoned unless the roadways and workings are maintained in an accessible condition; if any dispute shall arise as to whether or not a mine is abandoned under this Act, it shall be decided by the Minister whose dedsion shall be final and there shall be no appeal. therefrom.

(3) A complaint or information for an offence under

section 97 of this Act may be made or laid within twelv

Document details

Collection	Alberta — Bills
Citation	L10 S1 7572
Type	bill
Volume / chapter	L10 S1 7572
Language	en
Format	json
Source	PROVINCIAL
Identifier	120eb272a5034ae77dba184f0f4cd591e541a737

Source file is stored in the law ingest library (json).