Bill 31 (Legislature 10, Session 5)

L10 S5 7277

Alberta — Bills

Bill No. 31 Oof 1948. A BILL RESPECTING WORKMEN'S COMPENSATION NOTE. This Bill amends and consolidates the existing Act, 9hapter 4 of the Statutes of Alberta, 1943, and the said Act IS repealed by the Act propOosed by this Bill. Only the materal changes from the 1943 Act are referred to in this Bill. The definition of "lumber" contained in paragraph (

n) of

section 2is new. The definition of "workman" in paragraph (aa) of

section 2 is clarified by being subdivided into clauses and by the addition Oof clause (iv). Subsection (1) of

section 10 of the Bill has been changed by providing that the Board may proceed to hear and de termine all questions arising under the Act with or without notice to the parties interested. Subs1ection (2) of the same

section has been changed to nlake it agree with the' above change .made in subsection (1). Subs,ection (2) of

section 13 of the Bill provides for an establishment, etc., being brought under the Act on the application of a majority of the w'Orkmen empl'Oyed therein, but excludes from this privilege Ooutworkers and persons emplOoyed in an industry of an itinerant nature, assessment with regard to which it is impracticable or difficult to collect, while casual workers employed otherwise than f'Or the purposes of the employer's, trade or business and farm and ranch employees can only be brOought under the Act with the consent of the employer. Under the'

section now in force none of the above classes could be brought .under the Act except farm and ranch employees, with the consent of the employer. In subsection (2) of

section 15 of the Bill dealing with the authority of the BOoard'tOo enter premises of emplOoyers to ex amine the premises from the standpoint of s'afety, etc., the following words at the end are new "and whether the work ing conditions, ~ncluding sanitation and ventilation, are safe or for any other purpOose which the Board may dee·m necessary". replacing the following words in the Act now in force: "and whether the sanitary and health conditions are proper, or fOor any other purpOose which the BOard may deem necessary for the purpose of determining the propor tion in which the' employer should contribute to the Accident

ii Fund". Subsection (5) of

section 15 of the Act now in force provides for a payment to the Accident Fund by an employer in cases where an accide-nt is in the opinion of the Board due "entirely" to the failure 'Of the employer to comply with the directions of the Board or regulations. This is changed in subsection (5) of

section 15 of the Bill to read "entirely or mainly". Subsection (4) of

section 19 of the Bill is new. Subsection (1) of this

section provides that compensation shall b~ paid where personal injury by accident "arising out of and In the course of empl'Oyment" is caused to a w'Orkman. The new subsection (4) provides that if one of these conditions exists the other one is presunled to exist unless the contrary is shown. There is a change in the proviso to subsecti'On (5) of

section 19 of the Bill (subsection (4) of the Act now in force). Under the proposed subsection where the disability lasts for more than "six days" compensation shall be payable from the date of disability. In the

section now in force the disability was required to continue beyond "fourteen days" before the workman could recover compensati'On from the date of disability. The first proviso to subsection (6) of

section 19 of the Bill extends the time for filing pro'Of 'Of an accident, etc., with the Board to three years, and the Board m1ay award compensation uP'On certain conditions being com pHed with. The last provis'O t'O this subsection brings up to date the provisions as to pensions awarded to persons in enemy territory or in te-rritory occupied by the enemy and provides that pensions in such cases shall become payable 'Only from the date when trading with such country is re sumed, and that pension payments which would otherwise have been paid to the dependants are to be paid into the Accident Fund. This is subject to the provisions 'Of para graph (

p) of subsection (1) 'Of

section 33 which enables the Board to pay the accumulated pensions to the dependants in certain cases (other than enemy aliens) and is intended to cover principally cases of persons res1iding in countries 'Occupied by the enemy during the war such as Ho1Iand, Belgium, etc. .

Section 20 of the Bill deals with the matter of members of an employer's family being approved as workmen under the Act and ,also with the matter of the employer himself be ing so approved. The proviso to subsection (3) is new and prevents such persons from being considered as w'Orkmen unless they are in the bona fide regular full time employment of the employer. Subsection (4) is also new and fixes the amount of the average weekly earnings upon which compen sation will be based of a member of the emplDyer's family in cases where the assessment 'Of the employer is based on prDduc:tion and not 'On the pay-roll.

Subsection (5) deals with the application of an employer to be considered a work man under the Act and with the method of cDmputing cDmpensation, etc. His aver,age weekly earnings on which compensation will be payable in the event of injury are to be based on a sum of not less than twelve hundred dollars and

iii nQt mQre than two thousand dollars per year. Subsecti'On (6) prQvides for councillQrs of a municipal district being cQnsidered wQrkmen of the district while actually engaged on the business of the district on the' basis of earnings 'Of ~igh'teen hundred dQllars per year. Subsection (7) author lz,es the Board to revoke its apprQval of any ,application made under

section 20 to become workmen under the Act.

Section 22 deals with the case of a workman wh'Ose usual place 'of employment or residence· is in Alberta who ,is injured in the North-West Territories while employed by an em ployer whose chief place of business is in Alberta, where his emplQyment out the Province has lasted less than one year. The provij;Q tQ subsection (1) is new and authorizes the Board to extend from time tQ time the said period 'Of twelve months.

Subsection (2) which requires a workman to assign his right of action for his injuries to the Board is changed 'Only by insertion of the word "pers'Onal" before the word "injuries", while subsection (3) requires the workman tQ bring such action when SQ directed by the Board. If he fails to do SQ the Board. may refuse tQ pay c'Ompensation under the Act to him. The first proviso to subsection (3) of

section 22 prQhibits the workman taking an action for damages save upon the direction of the Board under penalty 'Of fQrfeiture of compensation under the Act, and the secQnd prQviso makes provision as to repayment of costs incurred by the workman in an action by him on the direction of the Board. Subsection (4) of

section 23 deals with cases where a work man has been over-paid compensation and creates the over payment a debt from the workman to the Board which may be 'Off-set against compensation.

Section 24, in subsections (4) to (8) deals with a case where a workman entitled to compensation under the Act also has a cause of action against a. third person. In such cases the Board is subrogated t'O the rights of the workman. Suhsection (8) is new and authorizes the Board, upon settle ment of any such claim to release the person from liabilitiy in respect 'Of the injuries to the workma'n.

Subsection (9) is also new and prmrides that if the Board receives from the third person more than sufficient to pay the Board the amount of the cost of the accident to the Board, it may retain the surplus or pay it to the workman or his dependants upon the terms stated in the subsection, namely, a release of the Board from all claims in respect of the accident.

Section 25 of the Bill deals with notice of accident reports, etc. Subsection (5) dealing with the duty of the empl'Oyer is changed slightly and will require the empl'Oyer t'O notify the Board when he has kn'Owledge or n'Otice of an accident or of the allegation 'Of the happening of an accident. Sub sectiQn (7) is new and authorizes the B'Oard, in cases where the emplQyer has failed tQ make the required rep'Ort, t'O make a special investigation 'Of the accident and to charge the CQst 'Of same t'O the employer. Subsecti'On (10) is also'

iv new and provides that mere payment by the Board of a medical account of an injured workman shall not be con sidered a claim by the workman or acceptance of a claim by the Board.

Section 26 of the BiB deals with the medical examination of a worknlan when required by the Board and the con sequence of the failure of a workman to submit himself for examination when so required. The last part of subsection (3) is new, beginning with the words "and the condition found".

Section 29 of the Bill is a new

section in subs!titution for

section 29 now in force. That

section authorized the Board to reduce, suspend or terminate any payment when satisfi~d that his recovery was prevented or retarded by his own m,IS conduct.

Section 30 deals with special surgical and medical treat ment, supplying of apparatus, etc., and is substantially the same as the

section now in force with the exception that where the cost of providing these various services, etc., was to be defrayed out of the accident, that provision is omitted from the new

section 30. Subsection (6) of

section 31 now in force has been omitted from the new

section 31. This subsection in the Act now in force provided that where an application was made to commute periodical payments for the' purpose of living in a country other than Canada, the Board might award a sum less than the full capitalized vaIue of the payments if the cost of living was less in such other country than in Canada. Subsection (8) of

section 31 of the Bill is new and enables the Board to require certain information from a workman or his dependants.

Section 33 of the Bill deals with the scale of compensa tion. The following changes are made in subsection (1) : Under (

a) one hundred and twenty-five dollars is in creased to one hundred and seventy-five dollars. Under (

b) a payment of one hund'red dollars is provided for a dependent widow or dependent invalid widower. This is limited to a widow in the Act now in force. Under (

c) forty dollars is increased to fifty dollars, and a condition as to a widow or invalid widower being the sole dependant is omitted. Under (

d) the payment to a dependent child under eigh teen is increased from twelve dollars to fifteen dollars per month . . Und.er (

e) a payment to a dependent invalid ,child is pro VIded In the sum of fifteen dollars per month to continue as long as the Board is of opinion that the workman if he had lived, would have supported the ,child. '

v Under (

I) authority is given tOo the BOoard to make addi tiOonal mOonthly payments not ex·ceeding ten dollars tOo children where a wOorkman leaves no. widow Oor widower, or where a surviving widow Oor widower subsequently dies or is confined in a Jail, etc. Under (

g) the payment authorized is limited to the widow herself ·and her illness. Under (

h) provision is made fOor additiOonal payments because of illness, to dependent children up to ten dollars per mQnth. Under (

i) prOovision is made for additiOonal payment of ten dollars 'per month to a dependent child between the ages of sixteen and eighteen if the child is attending an academic, te.chnkal or vocational school and making satisfactory progress. Under (

j) the payment of thirty-five dollars is increased to fifty dollars and the payment of seventy dollars is in creased to eighty-five dollars. Under (

k) directions are given as to how payments to or for a child ,are to be ,made. Under (

l) the payment of four hundred and eighty dollars is inc-reased to six hundred dollars, and provision is made for monthly payments up to fifty dollars being resumed if the dependent widow subsequently (after the lapse of 'One year) ;becomes in necessituous circumstances through the death of her husband, etc. Under (

n) provision is made for any amount in excess_of one hundred thousand dollars in the special reserve at the end o{ia year being transferred to the newly created re habilitation reserve. Under (0) pension payments suspended under the War Measures Act are to be paid intOo the A,0cident Fund, subject to the next paragraph. ' Under (

p) the Board is given authority to pay all or part of accumulated suspended pensions to the dependants if not enemy aliens.

Section 34 of the Bill deals with the compensation payable in ,cases of permanent total disability. Paragraphs (

b) and (

c) are new and give the Board wider scope in awarding compensation by taking into account the average earnings of the wOorkman in other industries to which the Act applies. By subsection (1) of se'ction 35 'Of the Bill similar pro visions are made with respe,ct to permanent partial dis ability as in

section 34 tOo give the Board a wider s,cope in estimating the ,compensation tOo be awarded. Su:bsection (4) of

section 39 is new. Paragraph (

a) pro vides that where a workman is receiving compensation or a pension and suffers a further disability for which he is

vi entitled to compensati'On, the total compensation he may receive shall not exceed the maximum authorized by the Act estimated on the basis of sixty-six and two-thirds of two thousand dollars per annum. Paragraph (

b) provides that where a pensi'On has beencom·muted t'O a lump sum, tbe periodic payments which have been commuted shall be deemed for the purpose 'Of the subsection tD be still payable. In subsection (1) of

section 40 of the Bill the minimum payment of compensation of twelve dollars and fifty cents per week is increased to fifteen dollars per week. By subsection (6) 'Of

section 42 of the Bill a workman is nQt entitled to eompensation, medical aid, etc., for disability or death from sHicosis unless he has been exposed to silica dust in Alberta for periods amQunting to three years. In the Act now in force this period is five years. By subsection (7) silicosis is excluded from the limitation ·of twelve months for filing a daim as fixed by

section 19 (6) and subsection (1) 'Of this section. Subsection (9) is new.

Section 44 (8) of the Bill transfers certain moneys to the rehabilitation reserve and the Accident Fund. The moneys transferred to the rehabilitation reserve are certain deduc tions and payments for medical aid which, by the 1943 Act, were transferred to the Accident Fund. The m'Oneys in the "Reserve

Section 33 (1) (k)" were accumulated under

section 33 (1) (k) 'Of the 1943 Act which auth'Orized the payment of ·compensation on a lesser scale than provided in the Act to aliens residing outside Canada in accordance with conditions and the cost of living in the place of residenee, which scale of payment would, in the opiniQn 'of the BDard, enables them to live in a degree of c'Omfort equal to de pendants residing in Canada and receiving full compensa tion.· The amounts withheld in these cases were put in 'a reserve fund to be applied to additional payments to widows in necessituous circumstances thrQugh illness in the family.

The balance of these moneys will now be transferred to the Accident Fund, the widows in question being provided fQr in another section. Provision is made in subsection (1) (

f) of

section 51 of the Bill for the creation 'Of a rehabilitation reserve for the purpose mentioned and to include it in the matters to be considered in fixing the assessment. Subsection (2) of

section 51 prDvides that in computing the levy on classes in

Schedule 2, that is, employment by the Dominion Province etc., the r~serves mentioned in (c), (d), (e), (

I) and (g)' of subsectIOn (1) shall not be taken int'Oconsideration nor the reserve authorized by

section 33 (1) (

n) in cases ~here a workman dies leaving no widow.

Section 52 of the Bill in subsection (5) provides for ,assessment by publication in The Alberta Gazette of a state ment of the percentages, rates or sums and the industries to which they respectively apply. This publicatiQn is deemed t'O be an assessment upon and notice of assessment to each

vii employer at the date applicable to' his class. Subsections (6), (7), (8) and (9) of sectiO'n 52 are new. Subsections (11) to' (15) in

section 52 are unchanged but are subsections (7) to (11) of

section 51 of the Act now in force. Se,ction 55 (12) has been changed by including agencies or departments of the Domini'On or Provincial Governments among those entitled to get information from an officer of the Board when authorized by the Board. Subsection (7) 'Of

section 60 'Of the Bill changes the penalty for a breach in subsection (7). The penalty in the Act now in force is a penalty of not less than five dollars per day nor more than an amount equal to the debt of the employer. The imprisonment 'On default 'Of payment is changed from not m'ore than three months to' nQt more than six m'Onths. Subsection (4) of

section 61 is ,changed from the present subsection to make it dear that the workmen 'Of sub contractors shall be deemed to be workmen of the principal to' the contract as well as of the principal c'O'ntractor. There is a slight change in subsection (2) 'Of

section 65 of the Bill by the addition of the words "workman or other person" after the word "employer". This addition is made on account of the legal claim given to the Board to recO'ver over-payment of compensation frO'm a wO'rkman. In subsectiO'n (3) of secti'On 66 of the Bill the words "of the fO'rest" have been inserted after the word "prO'ducts". Subsection (5) O'f the same

section is new and prO'hibits the extension 'Of time provided for in the pr'Oviso to' subsectiO'n (4) if the lumbering, etc., O'peratiO'n are carried on by twO' or m·ore persons in partnership. In

section 67 'Of the Bill subsecti'On (9) is new and its pur PO'se is to a void the expense 'Of two seizures in cases where a q,istress warrant of the Board is placed in the sheriff's hands and the goods 'Of the debtor are already 'Or are sub sequently seized by the same sheriff at the instance of an other 'creditor. Subsecti'On (6) of

section 70 of the Bill is new and authorizes service of orders, etc., of the B'Oard by registered mail. The classifi,cation in

Schedule 1 has been rearranged so as to bring them in conformity with the B'Oard's rate list. Changes in the arrangement have been made from time to time in connection with the fixing of the assessment rates. 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. 31 of 1948.

An Act Respecting Workmen's C'Ompensation. (Assented to , 1948.) HIS MAJESTY, by and with the advice and 'c'Onsent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1.. This Act may be cited as "The Workmen's Oompensa tion Act, 1948."

INTERPRETATION. 2.

In this A,ct, unless the c'Ontext otherwise requires,- (a) "Accident" includes a wilful and intentional act, not being the a'ct of the workman and shall also include a chance event occasioned by a physical or natural cause, as well ,as disablement arising out of and in the ,course of the employment; (b) ','Accident Fund" means any fund pr'Ovided foOr the payment of compensation and other outlays and expenses authorized under this Act; (c) "Assessment" includes rates, levies and all other charges imposed by the Board under the provisions of this A'ct; (d) "Board" means the Workmen's Compensation Board; (e) "Child" includes an illegitimate ,child, and any child of any child and the child of a husband 'Or wife by a f'Ormer marriage; (I) "Gom,pensation" includ.es m,edical aid; (g) "ConstructioOn" includes reconstructi'On, repair, al teration, renovat,ing, painting, decorating and demo lition; (h) "Dependants" means such of the members of the family of a workman as were wholly or partially dependent UPoOn his earnings at the time of his death or who, but for the incapacity due to the accident, W'Ould have been soo dependent: Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on ,contributions from that other person for the provision of the .ordinary necessaries of life suitable for persons in his class and position;

2 (i) "Employer" means everr p~rso~, firl'!l' asso~iation, body or corporation havIng In. hIS or Its serVIce o~e or more worl<:men and shall Include th~ Crow~ 111 the right of the Province an? the Grown In the rIg~t of the Dominion of Canada In so far as the latter, In its ,capacity as master, may submit to the operation of the Act; (j) "Em!ployment" means employment in an. industry or any part, branch or department of an Industry; (k) "Industrial disease" means any of the diseases men tioned in the enumeration of industrial diseases contained in

Schedule 3 and any other disease which by the reg'ulations js declared to be an indus trial disease; (l) "Industry" means any establishment, undertaking, trade and business included in the Schedules hereto, whether the same be carried on in conjunction with other occupations or separately; (m) "Invalid" means a person who is physically or men tally incapable of earning; (n) "Lumber" includes logs, laths, shingles, ties and'all other forest productSi the manufacture and produc tion of which is an industry or is within an industry within the scope of this A,ct; (0) "Manufacturing" includes making, preparing, alter ing, repairing, renovating, dyeing, cleaning, orna menting, printing, finishing, packing, assembling the parts 'Of and adapting fDr use or sale any raw material, goods,

article Dr cDmmodity; (p) "Medical aid" includes the several matters and things whi'ch the Board is empowered by this Act to provide for injured workmen and may as and when the Board sees fit include nursing, hDspitaliza tion, drugs, dressing, X-ray treatment, special treat ment by all those WhD are licensed to practice the healing art in the Province, transportation and such other matters and things as the Board may authorize or provide; (q) "Member of a family" means and includes wife, husband, parent, grandparent, step-parent child, grand~hild, step-child, brother, sister, half-brother, half-SIster and a person who stood in loco parentis to the workman or tD whom the workman stood in loco parentis, Whether related to him by consanguinity or not so related; and where the wDrkman is the parent or gran?parent of an illegitimate child, shall include su~h 'chIld and where the workman is an illegitimate chIld shall include each of his parents or grandparents; (r) "Mine" ~eans a mine as defined by The Coal Mines Regulat'tOn A9t ;

3 (8) "Mine res'cue and first aid work" includes the equip ment ne.cessary for such work, the repairs thereof; the training necessary for such work and the sup- plies used therein; . (t) "Outworker" means a pers'On to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for use or sale in his own home or on other premises not under the ,control or management of the person who gave out the articles or materials; (u) "Permanent total disability" without restricting the general meaning of the term, shall be cDnclus iv~lypresumed in all cases where the injuries suf feredconsist of or include,- (

i) total and permanent loss of the sight of both eyes; (ii) the loss of both feet at or above the ankle; (iii) the lQSS of both hands at or above the wrist; (iv) the loss of one hand at 'Or above the wrist and one foot at 'Or above the ankle; (

v) any inj ury to the spine resulting in permanent and complete paralysis of legs or arms or 'One leg and one arm; (vi) any injury to the skull resulting in incurable imbecility or insanity; ( v) "Person" includes female as well as male persons and bodies corporate; ('W) "Physician" means an authorized person skilled in the art of healing; (x) "Regulations" means regulations made by the Board under the authority of this Act, so long as and tD the extent that they, under and by the aforesaid authority, remain in effect; (y) "Secretary" means Secretary of the .WQrkmen's Compensation Board; (z) "Wages," "pay-roll," "pay-roll statements," where such terms are used in this Act, include production 'Or other relative or descriptive terms when the assessment is based thereon; (aa) "Workman" means a person who has entered into or works under a contract of service 'Or apprentice ship, written or oral, express 'Or implied, whether by way of manual labour or 'Otherwise and includes,- (

i) any pers'On engaged in training for mine rescue work Dr WhD with the knowledge andc'Onsent of the management or the person in ,charge 'Of an authorized mine rescue ,crew, is doing recovery work after an explosion, accident or catas trophe; and (ii) the employees of a contractor cQntracting for the performance of mining operatiDns for

(iii) (iv) 4 another person' engaged 'in the ipdustry of mining and also such contractor whIlst actually wQrking; and the driver of a vehicle doing work for another whether the former supplies the vehicle or does not supply it providing that the relationship of master a~d servant exists between the driver and the other person; and any person not Qtherwise cQming withi!l. the foregoing definition, who under the provIsIons of this Act or under any direction or 'Order of the Board is deemed to. be a workman. THE BOARD. 3.

There is hereby constituted a commISSIon f'Or the administration of this Act, to. be ,called "The Workmen's CompensatiQn Board," which shall consist of three commis sioners to be appointed by the Lieutenant Governor in Council and shall be a bDdy corporate. 4.-

(1) One Qf the commissioners shall be app'Ointed by the' Lieutenant Governor in Council to. be Chairman of the Board.

(2) In the case of death, illness or absence from the Province Qf a cQmmissiQner Qr of his inability t'O act from any cause, the Lieutenant Governor in Council mayappQint some person to a'ct pro tempore in his stead and the person so appointed shall have all the powers and perform all the duties 'Of a commissiQner. , .

(3) In the case of a vacancy in the office of the Chairman of the Board or in the office of a cQmmissioner, the Lieuten ant GQvernor in Council may appoint some person to. act pro tempore in the office 'Of the Chairman or commissioner and the person 'Or pers'ons so. appointed shall have all the PQwers and perform all the duties of the Chairm:an of the Board or a -commissioner, as the case may be. 5.- (1) 'The Chairman shall hold office for ten years from the d.ate of his appointment and the other commis sioners shall hold 'Office for ten years from the date of appointment: Provided, however, that any commissioner may be remov ed fr?'m offi'ce by the Lieutenant GovernQr in Council or by the LIeutenant Governor in CQuncil Qn address of the Legis lative Assembly. ,

(2) No commissioner shall engage in any other business or employment for remuneration. 6. The office of the Board shall be situated in the City of ~d.monton !lnd its sittin~s ~hall be held there except where I~ I~ expedIent to hold SIttIngs elsewhere and in that case SIttIngs may be held in any part of the Province.

5· " '7. A commissioner shall receive such salary as may be fixed'by the Lieutenant Governor in C.ouncil. 8~

(1) The Board may appoint such officers as it ,may deem necessary for ,carrying out the provisions of this Act and may prescribe their duties and fix their remuneration.

(2) Every person so appointed shall 'hold office during the pleasure of the Board. 9. The Board may acquire, either by purchase or other wise, such premises as it may deem necessary. JURISDICTION OF THE BOARD. ,10.-

(1) The Board shall have eXlclusive jurisdictip:Q, either with or without notice to any person or persons inter ested, to examine, inquire into, hear and determine, all matters and questions arising under this Act and the action or 'decision of the B'Oard thereon shall be final and conclusive and shall n'Ot be 'Open to question or review in any court and no proceedings by or before the Board shall be restrained by injunction, prohibition or .other process 'Or proceedings in any court or be removable by certiorari or 'Otherwise into any court, nor shall any a·ction be maintained, or brought against the Board or any c'Ommissi'Oner in respect of any act or decision done or made in the honest belief that the saine was within the jurisdiction 'Of the Board.

(2) Nothing in subsection (1) 'Of this

section shall pre vent the Board either with or without n'Otice to a;ny person 'Or pers'Ons interested fr'Om reconsidering any matter which has been dealt with by it or from rescinding, altering or amending any decisi'On or order previ'Ously made, all 'Of which the B.oard shall have authority to do.

(3) The de,cisi.ons of the Board shall be upon the 'real merits and justice of the case and it shall not be b'Ound t'O follow strict legal precedent and no decision or ruling 'Of the Board shall be binding upon it as a precedent for any other decision or ruling, the intent 'Of this provision being that each case shall be decided on its own merits.

(4) All awards heretofore made 'Or purporting to have been made by, on behalf of, or on the authority of the Board and each and everyone 'Of them, are validated and declared to be legal, valid and binding and shall not be open to question in any court. ( 5 ) (

a) The Board shall ha ve the like powers as the Supreme C.ourt for compelling the attendance of witnesses and 'Of examining them under oath and compelling the pr'O duction and inspe,ction 'Of books, papers, documents and things. (b) ,The Board may cause depositions .of witnesses residing within or without the Province t'O be ta.kep before any"person appointed by the Board in manner sitriiIarto,t,hat pres·cribed by the Rules 'Of the Supreme Court. "

6 (6) (

a) The Board may act upon the report of any of its officers and any inquiry which it shall deem necessary may be made by a cO'mmissiO'ner or by an officer of the Board or by some other person appointed to make the inquiry and the Board may act upon his report as to the result of the inquiry. (b} The person appointed to make the inquiry shall for the purposes thereof have all the powers conferred upon the BO'ard.

(7) Every copy or extract from an entry of any book or record of the Board and of any document filed with the Board certified by the Secretary O'f the Board to' be a true copy or extract, shall be received in any court as prima facie evidence of the matter so certified without proof of the Seeretary'sappointment, authority, or signature.

(8) Without thereby limiting the generality of the pro visions of subsection (1) of this section, it is de,clared that the exclusive jurisdiction of the Board shall extend to determining,- (

a) whether an injury has arisen out of or in the course 'Of an employment within the scope of this Act; (

b) the existence and degree of disability by reason of an injury; (

c) the permanence of disability by reason of an injury; (

d) the degree of diminution of earning capacity by reason of an inj ury ; (

e) the amount of average earnings; (/) the amounts of any refunds or adjustments of assess ments which in its discretion, it may deem proper to make; (

g) the existence, f'Or the purpose of this Act, of the relationship of any member of the family of an employer or of a workman; (

h) the existence of dependency; (

i) whether or not an industry or any part, branch or department of any industry. is within the s~0'Pe of thIS Act and the class to whIch any industry or any part, branch or department of any industry within the scope of this Act should be assigned; (j) ~hether or not anr p.erson or aggregation of persons, IS an employer WIthIn the meaning of this Act; (

k) whether or not 'any person is a workman within the meaning of this Act; (

l) whether or n'Ot any workman is entitled to compen sation under this Act. 11. The Board may in any case where it is deemed necessary.and shall ?u the appHcation of any employer or workm,an Interested ill any order, ruling or decision of the

7 Board, issue a ·certifkate under the seal of the Board, embodying the substance of any such order, ruling or de- cision. I REGULATIONS. 12. The Board may make such regulations and prescribe such forms as may be deemed expedient for carrying out the provisions of this Act and not inconsistent therewith and any such regulations shall come into force at the expiration of thirty days from the date of their publication in The Alberta Gazette. 13.-

(1) The Board is empowered,- (

a) to add to, withdraw or rearrange any of the indus tries which are or may be included in the Schedules hereto; (

b) to divide any industry into one or more classes and any class into one or more subclasses.

(2) Upon the application of a majority of the workmen engaged in any establishment, undertaking, trade or busi ness or in any branch, subdivision or component part thereof or of the persons employing workmen so engaged., the Board may declare the same to be an industry to which this Act applies: Provided, however, that the Board shall not give effect to any application made under any of the provisions .of this subsection affecting persons excluded from the provisions of this Act by paragraphs (

b) and (

c) of

section 73 nor to any such application affecting persons ex:c1uded by para .. graphs (

a) and (

d) of said

section except with the consent of the employer.

(3) The inclusion of any industry, establishment, trade or business or of any employer, employee or workman, within the scope of this Act, under or pursuant to any of tbe provisions of this section, shall continue and remain in effect until the Board upon application or of its own volition, rescinds the same. 14.

The Board may establish such sub,classifications, differentials and proportions in the rates as between the different kinds of employment in the same dass as the Board may deem proper and where any particular industry is shown to be so circumstanced or conducted that the hazard is greater than the average of the class or subclass to which the industry is assigned, the Board may impose upon the industry a special r,ate, differential or assessment, to corre spond with the excessive hazard of such industry. ACCIDENT PREVENTION. 15.-

(1) The Board shall have power,- (

a) to investigate from time to time employments and places of employment within the Province and de ..

(b) (c) (d) 8 termine what suitable safety devices or other reasonable means or requirements ~or the preven tion of acddents shall be adopted or followed in any 'Or all employments or places of employment; to determine the requirements for safe working conditiQns including the proper sanitation and ventilation of the employer's premises; to determine what suitable devices 'Or .other reason able means or -requirements for the preventiQn of disease shall be adopted or followed in any or all employments 'or pla,ces of employment; to make regulations whether of general or special applicatiQn and which may apply to. both employers and wQrkmen, for the prevention of acddents and the preventiQn of diseases and for the provision of safe w'orking conditions including proper sanitation and ventilation in employments or places of em ployment.

(2) The Board or any member thereof 'Or any officer or person authorized by it for that purpose may at any time enter into the establishment of any employer who is liable to'cQntribute to the Accident Fund and the premises con nected with it and every part 'Of them, for the purpose of ascertaining whether the ways, works, machinery or appliances therein are safe, adequate and suffi,cient and whether all proper precautions are taken fQr the prevention of accidents to the workmen employed in or about the establishment or premises and whether the safety appliances or safeguards prescribed by law are used and employed therein and whether the working conditions, including sanitation and ventilation, are safe or f'Or any other purpose which the Board may deem necessary.

(3) Where, in any employment or place of employment, safety devices are in the opinion of the Board necessary for the prevention of acddents or of disease, the Board may order the installation or adQption of such appliances or devi,ces and may fix a reasonable time within which they shall be installed or adopted, and the Board shall give notice thereof to the employer and the employer shall post or cause to be posted, in a conspicuous place upon the place of em ployment ac'OPy of the notice, which shall remain so posted until the order has been .complied with and the employer so notifies the Board and the Board has ,authorized its removal. ,

(4) In any case where safety devices or appliances are by order of the Board required to be installed or adopted or are prescribed by the regulations and the employer fails neglects or refuses to install and adopt such safety device~ or applia~,ces i,n any employ.ment or pla,ce of employment to the satIsfa,ctIon of the Board, or where under the cir.cum stances the Board. is of the opinion that conditions of im me,diate danger exist in any employment or pla.ce of em ployment which would be likely to result in injury to any

9 pers.on, the Board may, in its discretion, .order the employer forthwith to d.ose down the whole or any part of such em ployment .or pla'ce .of employment and the industry carried on therein and the Board shall notify the employer of the order and a copy of the .order, to be provided by the Boarq, shall, if the Board so requires, be posted by the employer in a conspicuous :place upon the employer's premises: Provided that nothing herein contained shall take away or abridge any of the powers and duties of the Provincial B.oard of Health or local boards of health, as c.onstituted under The Public Health Act: Provided further that the Board .or any member of it or any .officer appointed by it may forthwith report to the, Provincial Board of Health any breach of The Public Health Act or regulations 'Of the Provincial Board .of Health passed under the said Act.

(5) Where an accident causing injury to a wQrkman in respect .of which compensation is payable has .occurred and where, in the 'Opinion of the B.oard, the ·acctdent was due ~ntirely or mainly to the . failure .of the employer to comply with the directions 'Of the Board 'Or with the regulatiQns made under this Act, the Board may levy -and collect from the employer as a c.ontribution to the Accident Fund, a sum of money not exceeding .one-half of the amDunt of the compensation payable in respect .of the injury and the pay ment of such sum may be enfQrced in the same manner as the payment of an assessment may be enforced. (6) .Where in the opinion of the Board sufficient pre cautions are not taken for the prevention of accidents to workmen in the empl'Oyment of any employer .or where the working conditions are not safe or the first aid require ments provided by the Act or regulations have nQt been complied with, the Board may add to the ·amount of any oontributiQn to the Accident Fund for which the employer is liable, such a percentage thereof as the Board may deem just and may assess· and levy the same upon the employer.

(7) The powers ,conferred by the next preceding sub

section may be exercised from time to time· 'and as often as in the' opinion .of the Board occasion may require.

(8) The Board, if satisfied that the default was excusable, may in any case relieve the employer in whole or in part from liability under this section. 16.-

(1) No employer shall, fQr the purpose of any industry within the sc.ope of this Act,- (a). commence the operation of any mine, plant or estab . lishment in which power-driven machinery is used; (b) .or recommence the operation of any mine,plant or establishment in which power-driven machinery is used, which has been out .of .operation for mQre than seven months last pre,ceding;

10 until leave therefor is obtained fronl the Board in the manner provided in subsection (2).

(2) Application for leave under this

section shall be made to the Board in writing, signed by the employer and stating that the mine, plant or establishment is ready for operation. Up'On receipt 'Of the application, the Board or some member of the Board or some 'Other person apP'Ointed by the B'Oard for that purpose, shall make an inspection of the mine, plant or establishment and if 'On such inspection the mine, plant 'Or establishment is f'Ound to be reasonably free fr'Om danger to persons employed therein, the Board shall grant leave for the 'Operation of the mine, plant or establishment.

Pending inspection, the Board m,ay, by a temporary permit, grant leave to the employer for the operation of the mine, plant 'Or establishment. 17.-

(1) The Board shall engage in and carryon the educati'On and instruction in accident 'prevention and first aid w'Ork of workmen and others and may impart such education and instruction by demonstration, exhibits, lectures, 'classes or otherwise and shall hold examinations and issue certificates to persons whom it may deem sufficiently skilled in such matters as to warrant the issue to them of such ,certificates.

(2) Certifi'cates issued by the Board under subsection (1) hereof may be cancelled by the Board at any time when, in its opinion, the holder thereof does not continue to have the necessary qualifications in accident prevention and fi-rst aid work. ADDITIONAL DUTIES. 18. Notwithstanding anything herein contained the Board in addition to the duties imposed upon it by this Act may administer any other Act or perform any 'Other duty that may be referred or assigned to it at any time by the Lieutenant Governor in C'Ouncil, and for that purpose all powers, authorities and functions expressed or provided in such 'Other Act shall be vested in and exercisable by the Board. COMPENSATION. 19.-

(1) Where in any employment to which this Act applies, personal1injury by accident arising out of and in the course of employment is caused to a workman, c'Ompensa tion shall be paid unless the injury is attributable solely to the serious and wilful misc'Onduct of the workman and death or serious disablement does not result from it.

(2) Where the personal injury consists of disease in part due to the employment and in part due to causes other than the eml?loyment, compensation shall be paid in the same proportIOn t{) the whole of the compensation that would have

11 been payable had the personal injury been wholly due to the emplorm ent, as the part thereof that is due to the employ ment IS in proportion to the whole of the personal injury.

(3) Where a workman is found dead at a place where the :"orkman had a right in the course of his employment to be, ~t ~hall be presumed that his death was the result of personal InJ ury by accident arising out of and in the course of his employment, unless there be evidence sufficient to rebut the presumption.

(4) Where the accident arose out of the employnlent, unless the contrary is shown, it shall be presumed that it occurred i'h the course of the employment and where the accident occurred in the course of the employment, unless the contrary is shown, it shall be presumed that it arose out of the employment.

(5) If the injury does not disable the workman longer than the period of three days from earning full wages at the work at which he was employed, no compensation, other than medical aid, shall be payable under this Act. If the injury disables the workman longer than the period of three days~ no cOlnpensation, other than medical aid, shall be payable for the first three days of disability: Provided that where the disability is of more than six days' duration, compensation shall be payable from the date of disrability.

(6) No compensation shall be payable in respect of any claim for the same unless the claim is n1ade to the Board by the claimant within twelve months from the happening of the accident or where death results from such accident, by a dependant, within twelve months from the date of the death: Provided that the Board may, on proof of the accident and injury to a workman being filed with the Board within three years from the date of its happening, pay the com pensation provided under this Act if,- (

a) the workman gave notice of the accident to his em ployer as soon as practicable after its occurrence and it was thereupon noted upon the records of the employer; and (

b) in the ,opinion of the Board the claim is a just one and ought to be allowed: Provided further that, in respect of persons residing in territories with whom trading is or has been suspended under and by virtue of the regulations respecting trading with the enemy the said period of twelve months or any portion thereof shall not run against such persons for or during the time of such suspension: And provided further that in the case of awards of pen sions to. or for dependants residing in any of the aforesaid territories made subsequent to the aforesaid suspension, the capital value of the pens,ion shall be computed from the date of the death in respect of which the pens'ion is awarded, but

12 the pension in such cases shall become payable to or for the dependants to or for whom lit is award~d only as .of an.d from· the date trading under the aforesaId regulatIons IS resumed with the country or territory in which the pen sioner concerned resides and the pension payments th:at would otherwise have been payable to or for such dependants shall be applied as provided by paragraph (0) of subsection (1) of

section 33. 20.-

(1) Members of the family of an employer employed by him and dwelling in his' house shall not be deem~d to be w01~kmen within the scope of this Act and compensatIon sihall not be 'payable out of the Accident Fund to them unless application to have them brought within the scope of this Act has been received and approved by the Board.

(2) The application shall be made by the employer and slliaB, contain the' names of all the members of his family employed by him, together with the -estimated amount of their wages for the current year or balance thereof or in cases where no regular or stated wage is paid or received, a; sum. in 'lieu of wages not exceeding two thousand dollars and not less than twelve hundred dollars for or in respect of each member of his family named in the application.

(3) Upon the application being approved by the Board, the members of the fam:ily of the employer included in the Board's approval shall, whilst so employed, be deemed work lll~nfor the purpo~es of this Act for and during the balance of t~e th~n current year: Provided that in industries where assessments are based upon the employer's production, such approval shall be void ab initio in respect of such members of the family who were not in the bona fide regular full-time employment of the em pI oyer . . ( 4) Assessments shall be levied upon the said estimates and compensation shall be payable on the basis of the same. provided that in industries where assessments are based upon' the employer's production the weekly equivalent of twelve hundred dollars per year shall be deemed to be the a.verage weekly earnings, for the purposles of the computa bon :and payment of compensation, of each such member of the employer's family included in the Board's aforesaid approval. (5) -(

a) Compensation sha.ll not be payable to an employ er'unless application to come within the scope of this Act has been received and approved by the Board . . (

b) The. application shall be made by the employer and shall. conta}n th~ stated sum for which compensation cover~ ag'e IS desIred. In a.n amount not exceeding two thousand do~la:rs and not lesS' than twelve hundred dollars, and such a~sessm'ent as t~e Board may fix in respect of such applica twn shall be leVIed on such sum for the then curr·ent vear or balance thereof, a.s the case may be. ~

13 (

c) Upon the application being approved by the Board, the employer shaH, during such time as he employs workmen be deemed to be a workman for the purposes of this Act for and during the balance of the then current year and f'Or the purposes of the computation and payment of compensation, the weekly equivalent of the aforesaid stated sum 'shall be deemed to be the average weekly earnings of such employer.

(6) The council of any municipal district may apply by resolution to have the members .of the council and ,the municipal district brought within the scope of this Act and upon the approval of such application by the Board the m·embers of the council shall be deemed to' be workmen of such municipal district as employer ona basds of earni.ngs of eighteen hundred dollars a year each whilst actually engaged in the business of t.he municipal district. .

(7) The Board either with or without notice to the employ;er may revoke its approval of 'an applicatiO'n made under the provisions of this

section at any time and upo.n the making of such a revocation by the Board, the person referred to in the approval shaH cease to be a workman within the scope of the Act as of the date of such revocation.

(8) Notice of any revocation made pursuant to the pro visions of subsectiO'n (7) shall be forwarded by the Board by ordinary mail to the employer. 21.-

(1) Where an accident which would entitle the workman or his' dependants. to compensation under this Act, if it had happened in the Province, happens while he is employed elsewhere than in the Province, the workman or his dependants shaH be entitled to compensation under this Act, if the workm'an is a resident of the Province and the nature of the employment is such that in the course of the work or s,ervice which the workman performs, it is required to be performed both within and without the PrO'vince.

(2) Where by the law of the country or place in which the accident happens the workman or his dependants are entitled to compensation or other remedy in respect of it, he or they, as the case may be, shaH be bound to elect whether they will claim compensation or other remedy under the law of that country or place or compensation under this Act and to give notice of such election; and if such notice of election is not given it shall be presumed that they have elected not to claim compensation under this Act: Provided that wher,e there is in existence an agr~ment under the prO'visions of subsection (4) any right .~f election shall be subject to the terms of such agreement.

(3) Notice of the election shaH be given to the Board within thirty days after the happening of the accident or, in case it results in death, within thirt.y days after the death or within such longer period as, either before or after the expiration of such thirty days, the Board may allow.

(4) The Board may enter into an agreement w!th the Workmen's Compensation Board of any other ~rov~nce of Canada providing for the paY!llent of C?~pe~satlon In con formity to the provisions of thIS Act for InjUrIeS to workmen who. 'are employed under such conqitions that p~rt of the work incidental to the employment IS performed In Alberta and part of the work in another province, for the purpose of ensuring to such workmen or t~eir d~pend~nts pay~ent of compensation either in conformIty WIth thIS Act or in con formity with the Act in force in the other province relating to workmen's compensation, as the case may be. 22.-

(1) Where an accident which would entitle the workman or his dependants to compensation under this Act, if it had happened in the Province, happens l while he is employed in a province, state or territory where there is no system of state insurance similar to that effected by this Act, the injured workman shall be entitled to compensation under this Act if,- (

a) the place or a chief place of business of the employer is situate in the Province; and (

b) the residence or usual place of employment of the workman is in the Province; and (

c) his employment out of the Province has immediately followed employment by the same employer within the Province and has lasted less than twelve months: Provided, however, that where the operation in which the workman is and has been employed in such province, state or territory, continues beyond the period of twelve months and the workman continues to be employed therein, the said period of twelve months may upon application by the employer be extended by the Board for a further period of twelve months or such lesser period as the Board may order and on further applications by the employer may be further extended by the Board from time to time as it may see fit.

(2) If any workman entitled to compensation under the provisions of this

section has any right of action in respect of his personal injuries, he shallassjgn all compensation or damages to be recovered thereunder to the Board.

(3) In the event of the Board directing any such inj ured workman to take any such action, the workman shall com mence and prosecute the action with diligence and in the event of h~s not so doin.g, the Board may refuse to pay any compensatIon or may WIthhold any part of the compensation otherwise payable: ~rovided that in the event of any such inj ured workman takIng any such action, save upon the direction of the Board he shall forfeit all claim to compensation or to further com~ pensation, as the case may be: Provided further that if and when the Board directs the workmat: to. take such ac~ion. it shall repay to him the costs necessarIly Incurred by him In the prosecution thereof, but

15 the Board shaH not be required to pay the C'Osts of any appeal unless the appeal is taken under the direction of the B'Oard.

(4) Except as provided by sections 21 ,and 22, no com pensation shall be payable under this Act where the accident to the w'Orkman happens elsewhere than in the Province. 23.-

(1) Except as authorized by the provisions of this Act, it shall not be lawful f'Or any employer, either directly or indirectly, to deduct from the wages of his workmen any part of any sum which he is or may become liable to pay to the Board 'Or to require 'Or to permit any of his workmen to contribute in any manner towards indemnifying him against IDly liability which he has, incurred or may incur under this Act.

(2) It shall not be competent for a workman to agree with his employer to waive or to foreg'O any of the benefits to which he or his dependants may become entitled under th~s Act and every agreement to that end shall be absolutely void.

(3) Except as herein otherwise provided, no sum payable as compensation 'Or by way of commutation of any periodical payment in respect of it, shall be capable of being assigned, charged or attached unless with the approval IQf the Board.

(4) If and when c'Ompensation payments have been made by the Board to a workman beyond the period of his disability, the amount thereof may be rec'Overed by the Board as a debt due the Board by such workman and, without in any way limiting the Board's remedies for recovery, may be set off against any compensati'On that may be or become payable to him. 24.-

(1) No action shall lie for the rec'Overy of compen sati'On, but all claims for compensaUon shall be determined by the Board.

(2) The prQvisions 'Of this Act shaH be in lieu of all rights and rights of action, statutory or otherwise, tQ which a work man 'Or his legal personal representative lOr his dependants are or may be entitled against the employer of the workman by reason of personal injury to or the death 'Of the workman arising out of any accident happening to the workman while in the employment of the employer and no 'action in resipect of such personal injury or death shall He against the employer.

(3) Any party to an action may upon notice to the other party or parties thereto, apply to the Board for adjudication and determinati'On of the question of the plaintiff's rights to compensation under this Act or as to whether the action is one the right to bring which is taken away by this section, and such adjudication and determination shall be final and conclusive.

(4) Where an accident happens to a workman in the course of his employment ,entitling him or his dependants to compensation under this Act and the circumstances

16 thereof are such as to entitle him 'Or his le'gal personal repre. sentative or his dependants to an action against some person other than his employer, the Board shall be subrogated to all the rights of the workman or his legal personal represent ative or his dependants as against such other person f?r the claim of the workman or his legal personal representatIve or his dependants against such other person for or in respect of the personal injury to or death of the workman.

(5) Wheve an accident. happens. to a workman in ~he course of his employment In such CIrcumstances as entItle him or his legal personal representative or his dependants to an actilOn against some person other than his employer, the workman or his legal personal representative or his dependants may, subject to the provisions of the next preced. ing subsection, bring such action.

(6) In any case within the provisions of subsection (4) neither the workman nor his legal personal representative nor hi'S dependants nor the employer of the workman shall have any right of action in respect of the personal injury suffered by or the death of the workman as a result of the accident against an employer in any industry within the scope of this Act; and in any such case where it appears to the satisfaction of the Board that a workman of an employer in any class is injured or killed owing to the negligence of an employer or of the workman of 'an employer in another class within the scope of this Act, the Board may direct that the compensation awarded in such case shall be charged against the last mentioned class.

(7) Where the Board has become subrogated to the rights of a workman or his legal personal representative or the' dependant of a deceased workman under the provisions of subsectton (4) of this section, no payment or settlement shall be made to or with the workman or his legal personal representative or dependa.nt for or in respect of such rights or for or in respect of any claim, cause of action or judgment therefor or arising thereout, without the consent of the Board, and any payment lOr settlement made in contravention hereof, shall be entirely null and void and of no effect against the Board and as against such workman or his legal personal ~epresentative or dependant.

(8) Upon paym·ent to the Board of its claim against any such. person the Board may accept the same and give a receIpt therefor and release such other person or his legal personal repvesentative, as the case may be, from liability in ~espect of the personal injuries suffered by the workman In or because of the accident in question. (9) ~ny amount received by the Board from such other person ~n excess of the cost of the accident to the Board may be retaIned by the Board as part of the Accident Fund or may be paid over to the injured workman or his legal personal representati~e.or his dependant, as the case may be, upon the Board receIVIng from such injured workman or hIS legal personal, representative or his dependant, as the case

17 ~ay ~e,. a release from any further claim upon the Board In respect of the accident for or on account of whichpaymcnt was or is being received, in which case the workman or his legal personal representative or his dependant, as the case may be, shall not thereafter be entitled to receive from or be paid by the Board any further compensation or medical aid for or in respect 'Of injury or death ,arising out of such accident. 25.-

(1) In every case of injury to a workman by accident in any indust;ry within the scope of this Act, it shall be the duty of the workman or in the case of his death,. the duty of· a dependant, as soon as practicable, after the happening of the accident, to give notice thereof to the employer. . .

(2) The notice shall give the name and address of the workm'an and shall be sufficient if it states in ordinary language the cause of the injury and where the accident happened.

(3) Failure to give notice as required by virtue of sub sections (1) and (2) unless excused by the Board on the grou.nd,- ' (

a) that notice for some sufficient reason could not havE.' . been given; or (

b) that the employer or his superintendent or agent in charge of the work where the accident happened had kn'Owledge of the injury; or ' (

c) that the Board is of opinion that the claim is a just one and 'Ought to be allowed; shall be a bar to any claim for compensation under this Act.

(4) Notice of the accident shall also be given by. the injured workman to the Board either by mailing or deliver ing it to the office of the Board.

(5) Every employer to whom the Act applies, having knowledge or notice of the happening of an accident or of the allegation of the happening of an accident to a workman in his employ, shall forward to the Board within twenty-four hours after the same conIes to his knowledge or notice, notifi cation of the happening of the accident or of the allegation of the happening of an acc"ident and shall also, 'in the event of the injured workman or the allegedly injured workman returning to his -work or being able to return to his work, forward to the Board within twenty-four hours after the fact of the return or ability to return conIes to his knowledge, notification thereof and make such further and other reports respecting the, ,accident or alleged accident and workman as may be required by the Board.

(6) Every employer who fails to make any report required by virtue of this section, unless excused by the Board 'On the ground that the report for some sufficient reason could not have been made, shall be guilty of an offence and liable upon

summary conviction to a penalty notexcePA-

18 ing fifty dollars and c.osts, and in ~,efault of payment to imprisonment for a perIod not exceedIng three months. , (7). In case an employer fails to make any report requir~d by virtue of this section, the Board may make a ~peclal investigation of the accident and of the facts and CIrcum stances surrounding it and m'ay charge the cost t? the Board of such investigation against such employer, and If an~ ,,:~en so charged and in addition to any penalty or other lIabIhty to which an employer may be subject, it may be added to and m'adea part of his' assessment, and the Board shall. have the same rights and powers in the collection thereof as In the case of unpaid assessments.

(8) A physician who attends an injured workman shall fOl~ward to the Board,- (

a) a report within two days after the date of his first , attendance upon the workman; and (

b) upon the first and fifteenth days of each month progress reports, during such time as the injured workman is unable to V\70rk asa result of the injur ies; and (

c) a final repo,rt within three days after the workman is in his opinion able to resume work; and (

d) from time to time such reports in respect of the injury in such form as may be required by the regu lations or by the Board.

(9) The physician shall also give all reasonable and necessary information, advice and assistance to the injured workman and his dependants in making application for compensation and in furnishing in connection therewith such certificates and proofs as may be required, without charge to the workman.

(10) Payment by the Board of a medical account for medical services rendered to an injured workm'an shall not of itself constitute the making of a claim by such workman or acceptance of a claim by the Board. 2~.-

(1) A workman who claims compensation or to whom compensation is: payable under this Act shall submit himself for medical exam,ination in such manner and at such time.and place as the Board may require.

(2) A workman shall not be required to submit himself for examination save as required by the Board.

(3) If a workman does not submit himself for examina ti;on as and when required by the Board so to do or in any wa~ obst:uc~s an e:camination, ~is right to compensation, or If he IS In receIpt of a perIodical payment, his right thereto, shall be suspended until the examination has taken place, and the condition found upon such examination shall unless th~ .Board otherwise ddrects, he deemed to have bee~ the condItIon of the workman in relation to his disability at the date for which the examination was called. '

19 27.-

(1) If and when a workman has applied to the Board for compensat.ion under the provisions of this Act and claims,- (

a) a greater disability than that found by the Board; Qr (

b) a c.ontinuance Qf compensatiQn beyQnd the periQd allQwed by the Board; or (

c) errQr Qn the part .of the BQard in SQme feature Qr circumstance Qf his claim as affected by his physical cQnditiQn; 0'1' (

d) that the medical opiniQn UPQn which the disputed fhiding ,vas made is errQneous; the BQard after cQnsultation with the workman's attending physician shall nQminate twO' duly qualified nledical practi tioners recQgnized as specialists. in the particular class Qf injury Qr ailment in respect Qf which the workman has claimed compensatiQn, Qne Qf whQm, to be sele·cted by the wQrkman, shall exan1ine him and certify to the Board as to,- (

a) the cQndition Qf the workman; (

b) his fitness f.or employment; (

c) if unfit, the cause Qf such unfitness; (

d) the extent of his temporary or permanent disability by reason of the injury in respect Qf which he haH claimed cQmpensation; and . (

e) such Qther matters as may in his QpiniQn Qr 'in the opiniQn of the Board be pertinent to' the claim; and such certificate shall be conclusive as to' the matters certified unless the Board at any time directs otherwise.

(2) The BQard shall nQtify the workman by registered mail of the names and addresses of the medical practitioners nQminated, and if the workman does not within ten days aft.er the mailing of the notice advise the B.oard of .his selection, the BQard n1ay make the selection.

(3) The BQard may alsO' of its own mQtion refer a claim to such a medical practitioner and the latter shall examine the claimant and certify in the manner provided in sub section (1) Qf this sectiQn. 28.

When a wQrkman to whQm compensation is payable lea yes the PrQvince, he shall not thereafter be entitled to receive cQmpensation until permission to reside Qr remain outside the PrQvince is granted by the Board: Provided, however, that if, in the Qpinion of tbe BQard, the dis'ability resulting frQm the injury is likely to' be of a permanent nature and the Board so directs, the workman shall be entitled to the amount of periodical payments accru ing due while a resident without th~ Province if he prov~s in such manner as may be prescrIbed by the Board hIS identity and the continuance of the disability in respect of which the same is payable.

20 29. If an injured workman pers.ists i~ unsanitary· ~r injuf1ious practices which tend to ImperIl or retard hIS recovery or refuses to submit to such medical or sur~icaI treatment as in the opinion of the Board, based upon Inde pendent expert medical or surgical advice, is reas0.na~ly essential .to, promote his recovery, the Board .may, In Its discretion, reduce or suspend the compensatIon of that workman. 30.-

(1) Where in'any case, in the opinion of the Board, it is in the best interests of an injured wotkman, in order to cure and relieve him from the effects of the inj ury, to provide a special surgical operation or other special medical treat ment, the Board shaH have the right to provide such surgical operation or other special medical treatment.

(2) Where in the case of any claim for compensation the Board is of the opinion that the injury would be alleviated to some appreciable extent by the supplying of any apparatus usually provided in such cases, it shall supply such apparatus to the workman, but any such action shall not affect in· any way the payments made to the workman.

(3) To aid in getting injured workmen hack to work and to assist ih les8ening or removing any handicap resulting from their injuries, the Board may take such measures and make such expenditures as it nlay deem necessary or expedient.

(4) The Board shall provide for the repair, maintenance or renew'a! of any apparatus provided by the Board wh~ther such apparatus was provided before' or after enactment hereof, which becomes in need of repair, maintenance or renewal by reason of accident or ordinary wear and tear and through no misconduct on the part of ~the workman, so long as the disability in respect of which such apparatus was supplied continues.

(5) The Board shall have authority to assume the expense of replacement and repair of dentures, eye-glasses, artificial eyes or limbs or hearing aids, broken a.s a result of an accident arising out of and in the course of the employment ?f t?e workman, if such breakage is accompanied by ob JectIve symptoms of personal injury. (6) . If an au~opsy is deemed by the Board necessary to a~slst In determInIng the cause of any death, the Board may dIrect that the autopsy be made within a time to be fixed by th~ Board, and if the dependant or dependants .refu~e to permIt the autopsy, the Board may reject any claim for compensation under this Act.

(7) Where the death of a workman to whom this Act applies. occurs whilst he is confined to a hospital, the hospital authorlty shan report the same to the Board immediately after the death has occurred.

21 31.-

(1) Any payment to a workman may be reviewed on the Board's own motion or at the request of the workman or employer, and on the review the Board may put an end to or diminish the payment or may increase it to a 'Sum. not beyond the maximum hereinafter prescribed.

(2) Where compensation is payable the Board may com mute the payments payable to a workman or a dependant to a lump sum.

(3) The Board may in any case where in its .opinion, the interest or pressing need of the workman or any dependant residing in Alberta warrants it, advance or pay to or for the workman or the dependant such lump sum as the circum stances warrant and as the Board may determine, and any sum so advanced or paid shall be on account.of and charge able against the compensation payable to the workman.

(4) Where a lump sum payment has been made by the Board to a workman or a dependant as a settlement in full of his claim and has been so accepted· by the workman or dependant, such workman or dependant shall not be entitled to receive or be paid any further or other c'Ompensation for or in respect of the degree of disability for which he was being compensated, provided that this 'subsection shall not in any way affect the application of the provisi.ons of subsectivn ( 4) 'Of

section 30 of this Act.

(5) In case of death or permanent to,tal disability or in case of permanent partial disability where the impairment of the earning capacity,of the workman exceeds ten per cent of his earning capacity at the time of the accident, no commutation 'Of periodical payments shall be made except upon the application of and at an' amount agreed to by the dependant or workman entitled to the payments.

(6) Where any person entitled to compensation under this Act is committed to a jail or prison, compensation shall not be payable to him for the period of his confinement therein, but the Board may pay the whole or any part of thecompen sation to any dependant of any person so committed.

(7) If any person entitled to compensation under this Act is committed to any institution, the compensation other wise payable to or in respect of such person may in the discretion of the Board be paid to the governing body of the institution.

(8) The Board may from time to time require from any person entitled to compensation, whe'ther a workman or dependant, such particulars 'Of his place' of residence, address and other inf.ormation relative to the disability and compen sation as it may deem necessary, and pending the receipt of such particulars, the Board may withhold further payments. 32. Where a workman is entitled to compensation and it is made to appear to the Board,- (

a) that he is no longer residing in the Province, but that the sp.ouse or child or children under eighteen

22 years of age are still residing therein without ade quate means of support and are or are apt to become a charge upon the municipality where they reside or upon private charity; or (

b) that he, although still residing- in the Province, is not supporting the spouse and children as aforesaid and an order has been made against him by a court of competent jurisdiction, for the support or main tenance of the spouse or children or for alimony; the Board may divert the compensation in whole or in part from the workman for the benefit of the spouse or children of the workman. SCALE OF COMPENSATION. 33.-

(1) Where death results from the injury, the amount of the compensation shall be,- (

a) the necessary expenses of the burial of the workman, not exceeding one hundred and seventy-five dollars; (

b) to a dependent widQW or dependent invalid widQwer the sum Qf Qne hundred dollars as a contribution to the additional expense occasioned consequent upon the death of the deceased workman; (

c) to a dependent widow or dependent invalid widower a monthly payment of fifty dollars; (

d) to a dependent child under the age of eighteen years other than a dependent invalid child a monthly pay ment of fifteen dollars to continue until the' child attains the age of eighteen years or dies before attaining that age; (

e) to a dependent invalid child irrespective of the age of the child, a monthly payment Qf fifteen dollars to continue as long as in the opinion of the Board it might reasonably have been expected had the work man lived -he would have continued to contribute to the support of the child; (

f) where a workman leaves no widow or widower or where a surviving widow or widower subsequently dies Qr is confined to a jail, prison or institution, the Board may make from time to tinle such additional payments nQt exceeding ten dollars monthly to a dependent child under the age Qf eighteen years or to a dependent invalid child as in the discretion of the Board appears necessary to adequately maintain and support such child; (

g) to a dependent widow in necessitous circumstances because of illness such additional amount as the Board may see fit up to but not exceeding fifteen dollars a month during the duration of such illness; (

h) to a dependent child under the age of eighteen years or a dependent invalid child such additional amount

2.3 because of illness as the Board may see fit up to but not exceeding ten dollars per month during the duration of such illness; (

i) to a dependent child for the period between the ages of sixteen and eighteen years during which such child is attending .an academic, technical or voca tional school and making progress satisfactory to the Board, an additional payment of ten dollars monthly until such child attains the age of eighteen years, provided that where a child who iSI receiving pay ments under this paragraph attains the age of eighteen years during a school year, the Board may extend the payments under this paragraph and also the payments under paragraph (

d) to the end of the then current school year; (

j) where the only dependants ar,e persons other than those mentioned in the foregoing paragraphs, a sum .reasonable and proportionate to the pecuniary loss to 'Such dependants occasioned by the death, to be determined by the Board, but not exceeding fifty dollars per month to a parent or parents and not exceeding in the whole eighty-five dollars per month; (Ie) any payment to or for a child may be made to the parent of the child or the Board may direct that the payment be made to such other person or be applied in such m'anneras it may deem best for the advan tage of the child; (

l) if a dependent widow remarries, the monthly pay m,ents to her shall thereupon cease but she shall be paid a lump sum of six hundred dollars within one month after the date of her remarriage, provided that if such dependent widow is subsequently in necessitous circumstances by reason of .the death of her husband or his confinement to jail, .. prison or other institution, the Board may recommence the paym,ents to her in such amount not exceeding fifty dollars monthly las the Board considers proper in the circumstances and pay the same for such period or periods as the Board may see fit, provided further that no such payments to a dependent widow shall be recommenced sooner than one year after the date 'Of remarriage; (

m) where·'a workman leaves no dependants, such sum or sums as the Board may deem reasonable for the medical and surgical attendance, hospitaHzation, nursing, C'ar~' and maintenance furnished hini shall be paid by the Board to the persons furnishing the same; (

n) where a workman leaves no dependent widow there shall nevertheless be computed an amount equal to the average capitalized cost of pensions awarded during the next, preceding three years to the depend ants of fatally injured workmen leaving widows, ,and there shall also be computed the capitalized·cost

24 of pensions awarded to the dependants, if any, of the fatally injured workman; and the large~ of the amounts so calculated shall be charged agaInst the Accident Fund, and any excess of the amount so charged over the capitalized cost of the awards made shall be transferred to and be placed in a special reserve to provide for such part of the cost of claims of workmen suffering enhanced disabilities because of similar or other disabilities previously suffered as in the opinion of the Board are due to such previous disability: Provided that the moneys in such special reserve at the end of each calendar year in excess of the sum of one hundred thousand dollars shall be transferred to the rehabilitation reserve: Provided also that in the event that the moneys in the special reserve should at any time be insuffi cient to provide for the cost of claims of workmen suffering enhanced disabilities because of similar or other disabiHties previously suffered as in the opinion of the Board are due to such previous dis ability; the Board may provide for such insufficiency out of the rehabilitation reserve; (0) in the ease of pension payments which have been suspended by the Board under the provisions of the War Measures Act, Revised Statutes of Canada, 1927,

Chapter 206, or regulations thereunder, and such further pension payments as may, for the same or similar reasons, be suspended, they, subject to paragraph (

p) of subsection (1) of this section, shall be paid into the Accident Fund; (

p) in any case where payment is resumed of a pension, payment of which was suspended or withheld pur suant to the 'provisions of the War Measures Act and. regulations, the Board in its sole discretion may pay to the pensioner an amount equal to the amount of the suspended or withheld payments or such lesser amount as the Board deems just and proPer, pro vided that no such payment shall be made in any case where it appears to the Board that the pensioner was during the period his pension was suspended, an enemy alien within the meaning of the Defence of Oanada Regulations. (2) (

a) In this subsection, unless the context otherwise requires,- (i) "Existing hous·ehold" means any household where all the children entitled to compensation are maintained and taken care of by one fosltermother; (ii) "Foster-mother" includes a natural mother. (

b) Where the workman leaves no widow or the widow su~~quently dies and it seems desirable to continue the eXIstIng household, and an aun't, sister or other suitable

25 person acts as foster-mother in keeping up the household "and maintaining and taking care of the children entitled to compensation in a manner which the Board deems satisfac tory, the foster-mother while so doing shall be entitled to receive the same compensation for herself and the children as if she were the widow of the deceased, and in such case the children's part of the payments shall be in lieu of the monthly payments which they would otherwise have been entitled to receive. (

c) All payments to foster-mothers under the provisions of this

section shall cease when all the children have either reached the age of eighteen years or have died. PERMANENT TOTAL DISABILITY. 34. Where permanent total disability results from the injury, the amount of the compensation shaH be a weekly payment during the life of the workman equal to sixty-six and two-thirds per cent of,- (

a) the average weekly earnings of workmen employed at similar work in the same occupation as shown by the records of the Board for the eight consecutive years immediately preceding the first day of J an uary preceding the dateof the injury; or (

b) the average weekly earnings of the workman in industries to-which this Act applies during the eight consecutive years immediately preceding the first day of January preceding the date of the inj ury; or (0) the average weekly earnings of the workman in industries to which this Act applies during the twelve months immedi,ately preceding the date of the injury; whichever in the opinion of the Board is the most beneficial to the workman. PERMANENT PARTIAL DISABILITY. 35.-

(1) Where permanent partial disability results from the injury, the Board shall estimate the impairment of earning capacity from 'the nature and degree of the disabHity by reason of the injury and award compensation accordingly based upon sixty-six and two-thirds per cent of,- (

a) the average weekly earnings of workmen employed at similar ,vork in the same occupation as shown by the records of the Board for the eight consecutive years immediately preceding the first day of January preceding the date of the injury; or (

b) the average weekly earnings of the workman in industries to which this Act applies during the eight consecutive years immediately preceding the first day of January preceding the date of the injury; or (

c) the average weekly earnings of the workman during the previous twelve months;

26 whichever in the opinion of the Board i"s most beneficial to the workman and the compensation shall be payable during the lifetime of the workman.

(2) When deemed just, the impairment of e~rl!-ing capacity may be estimated from the natu~e of the InJury having in view the workman's fitness to contInue the employ ment in which he was injured or adapt himself to some other suitable occupation.

(3) Where the impairment of the earning capacity of the workman does not exceed ten per cent of his earning capacity instead of such weekly payment the Board shaH, unless in its opinion it would not be to the advantage of the workman to do so, direct that such lump sum as may be deemed to be the equivalent of it shall be paid to the workman.

(4) Notwithstanding the provisions of this section, the Board may in case a workman has been seriously and per manently disfigured about the face or head or otherwise permanently injured, recognize an impairment of earning capacity and may allow lump sums or periodical payments or both,as compensation. TEMPORARY TOTAL DISABILITY. 36. Where temporary total dis-ability results from the injury, the amount of the compensation shall be a weekly payment so long as the disability lasts, equal to sixty-six and two-thirds per cent of the workman's average weekly earn ings, computed in accordance with the provisions of

section 39. TEMPORARY PARTIAL DISABILITY. 37. Where temporary partial disability results from the injury, the Board shall estimate the impairment of earning capacity from the nature and degree of the dlisability by. reason of the injury and award compensation accordingly based on sixty-six and two-thirds per cent of the workmen's average weekly earnings computed in accordance with the provisions of

section 39 but such compensation shall be pay able only so long as the disability lasts. ~~. In case of ~orkmen suffering injury by accident ar~sIng out of and .In the. course of the employment whilst dOIng rescue work In a mIne after an explosion accident or catastrophe or in any other industry or the pre~ises thereof during .or immediately' after a fire or other catastrophe for the saVIng 'Of human hfe, the compensation payable in such ~ase. shall be Ico~puted on the basis of one hundred per cent In heu of the sIxty-six and two-thirds per cent as herein otherwise provided.

27 COMPUTATION OF COMPENSATION. 39.-

(1) The average weekly earnings of a workman for the purposes of this Act shall be based upon the earnings of the workman during the previous twelve months in indus tries to which this Act applies where the same are ascertain abJe: Provided, however, that if by reason of the shortness of the time during which the workman has been in the employ m'ent of his employer or the casual nature of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regard may be had to the average earnings which were earned by a person in the same grade of employment for the previous twelve months: Provided further that nothing in this subsection shall apply to any case in which the basis of compensation is fixed by sections 34 and 35.

(2) Where in any case in the opinion of the Board the provisions of the next preceding subsection are inapplicable, the Board may award compensation having regard to the e'arnings of the workman at the time of the accident.

(3) For the purpose of ascertaining the amount of com pensation payable under the provisions of sections 34 to 38 inclusive, average weekly earnings shall be computed in such manner as is best calculated to give the rate per week at which' the workman was being remunerated, but not so as in any case to exceed two thousand dollars per annum. (4) (

a) Where a workman is receiving compensation for a permanent or temporary disability, he shall not receive compensation for any further or other disability in any amount which would result in him receiving in the aggregate compensation at a rate in excess of a rate computed on the basis of sixty-six ,and two-thirds per cent of annual earnings of two thousand dollars. (

b) Where a workman has received a lump sum in lieu of the periodic payments which otherwise would have been payable for a permanent disability, he shall for the purposes of this subsection be deemed to be still in receipt of the periodic payments.

(5) Where the workman had entered into concurrent con tracts of service with two or more employers in industries to which this Act applies under whom he worked at one time for one such employer and at another time for another such employer, his average weekly earnings shall be computed as if his earnings under all such contra'cts were earnings in the employment of the employer for whom he was working a t the time of the accident.

(6) Where the employer has been accustomed to pay to the workm,an a sum to cover any special expenses entailed 011 him by the nature of the employment, the sum so paid ~hall not be reckoned as part of the earnings.

28 40.- (1) rrheamount of compensation to which all injured person shall be entitled for temp?~ary total ~r per manent total disability under the provIsIons of thIS. Act shall not be less than fifteen dollars per week or where his aver,age earnings are less than fifteen dollars per week, the amount of such earnings.

(2) The Board may, wherever it is deemed advisable, pro vide that the payments of compensation may be monthly or semi-monthly instead of weekly, or where the workman or dependant is not a resident of Alberta, or ceases to reside therein, the Board may fix the periods of payment or com mute the compensation as it may deem proper: Provided, however, that if a workman or dependant entit led to compensation at the rate .of twenty dollars a month or more tHes with the Board a request in writing that the com pensation pay;able to him be paid semi-monthly, the com pensation payable to such workman or dependant shall thereafter be paid semi-monthly.

(3) For the purpose .of ascertaining the amount of compensation due, such amount may be computed on a daily basis.

(4) Where a workman or dependant is under the age of twenty-one years or is under any other legal disability, the compensation to which he is entitled may be paid to him or be applied in such manner as the Board may deem best for his advantage. . (5) vVhere the workman was at the date of the accident under twenty-one years of age and it is established to the satisfaction of the Board that under normal conditions his wages would probably increase, that fact shall be con sidered in arriving at his average earnings. 41.

In fixing the amount of a payment, regard shall be had to' any payment 'allowance or benefit which the workman may receive from his employer in respect of the period of his disability, including any pension, gratuity or other allowance provided wholly at the ·expense of the employer, and any sum deducted under this

section from the com pensation otherwise payable may be pa!id to the employer out of the Accident Fund: . Provided that where such payment allowance or benefit has been charged against the workma~ for repayment to his employer whether such workman is on relief or otherwise, such paym·ents of compensation as may be made by the Board to the employer shall be by him credited to the account so charged. INDUSTRIAL DISEASES. 42.-

(1) Where,- (

a) a workman suffers from an industrial disease as defin~d by this .Act and is thereby disabled from earn1ng full wages at the work at which he was employed; or

29 (

b) the death of the workman is caused by such in- d ustrial disease; and the disease is' due to the nature of the employment' in which the workman was employed at any time within the twelve months previous to the date of the disablement, whether under one or more employments, the workman or his dependants shall be entitled to compensation under this Act as if the disease were a personal injury by accident arising out of and in the course of that employment and the disablement shall be treated as the happening of an accident.

(2) If the workman at or immediately before the date of the disitblement was employed in any process mentioned in the second column of the enumeration of industrial diseases contained in

Schedule 3 and the disease contracted is the disease in the first column of the said

Schedule set opposite to the description of such process, the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved.

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

(4) Nothing in this

section shall affect the right of a workman to compensation in respect of a disease to which' this

section does not apply, if the disease is the result of an injury in respect of which he is entitled to compensation under this Act. (5) "Silicosis'" means a fibrotic condition of the lungs caused by dust containing silica. and evidenced by specific X-ray appearances accompanied by a substantially lessened capacit~ for work.

(6) Nothing in this Act shall entitle a workman or his dependants to compensation, medical aid or payment of burial expenses' for disability or death from silicosis, unless in the opinion of the Board the workman has been exposed to silica. dust in his employment in Alberta for periods anlounting in all to at least three years preceding his dis ablement.

(7) In any case of silicosis the limitation as to time con tained in subsection (6) of

section 19 and subsection (1) of this

section shall not apply.

(8) Any workman who has heretofore ceased or may hereafter cease to be usually and regularly employed in an industry under this Act in which, in the opinion of the Board, he was exposed to silica dust, shall make his claim for disability therefrom within five years from the date of leaving such employment or his claim shall be completely barred.

(9) The provisions of subsection (8) of this

section shall not prevent allowance by the Board of 'any claim due to silicosis which the Board considers is entirely due to elnploy ment in Alberta.

30 MEDICAL AID. 43. In addition to the compensation h~rein already pro· vided for the Board shall have authorIty to furnIsh 01' provide f~r the injured workm,an such ~e~ica~ or other remedial attention including nursing, hOspItahzabon, drugs, dressings, X-ray treatment, special treatments and tr3;ns portation as it may deem reasona.bly neces~ary. ~t the tIme of the injury and thereafter dUrIng the dIsabIlIty to cure and relieve from the effects of the injury, and the Board shall have full power to adopt rules and regulations with respect to furnishing medical aid to injured workmen entItled thereto and forthe payment thereof. 44.-

(1) Where any employer has established or here:.. after establishes in connection with lany industry carried on by him an arrangement for furnishing medical aid to his workmen exclusively, which in the opinion of the Board is at least as favourable to the workman as that herein provided for, the Board after investigating the facts and considering the wishes of both workman and employer may approve such arrangement arid as long as such approval remains unrevok ed such arrangement may be continued in lieu of the medical aid herein provided for and if the industry is in

Schedule 1, the employer shall be entitled to such reimbursement out of the Accident Fund or to such reduction in his rate of assess ment'as the Board shall deem just.

(2) All questions as to the necessity, character and sufficiency of any medical aid furnished or to be furnished, shall be determined by the Board. .

(3) When the Board provides or is liable to pay for medical or other remedial attention as hereinbefore provided, the amount payable to any person in respect of such or any attention shall be as the Board shall direct and no action shall lie against the Board for or in respect of any amotln.t greater than that fixed by it, nor in any event against the injured workman, his employer or any other person in respect of such attention: Provided, however, that when the Board provides or is liable to pay for hospital services, the amount shall be at such rates as have been mutually agreed upon by the Board and the hospital authority.

(4) The Board may make a per diem allowance of two ~o~lars and fifty cents on account of his subsistence to an Injured workman when under its direction he is undergoing treatment at a place other than a hospital or at a place other than wherein he resides.

(5) The Board shall have full power and authority, (

a) to contrar:t w.ith .doctors, nurses and hospitals or any other InstItutIons for any medical aid requi:t~ed; (

b) to constr~ct, equip, maintain and conduct one or more hospItals at one or more points in the Provi~c,e

31 as may in the opinion of the Board be necessary or advisable f'Or the purpose of providing medical aid; (

c) to establish, equip, maintain and conduct thera peutic clinics for the treatment and rehabilitation of injured workmen: Provided that upon the establishment of a hospital under the authority herein provided, the Board may extend the services of a hospital so established to persons other than those entitled to medical aid under the provisions of this Act, to such extent and on such terms and conditions as it may see fit.

(6) W.ithout in any way limiting the power of the Board under this

section to supervise and pvovide remedial aid, in every case where the Board is of the O'pinion that the exercise of such power is expedient, the BO'ard may permit the injured workman to select as his medical attendant such duly qualified and cO'mpetent physician as he, may desire.

(7) Every employer shall at his own expense furnish to any wO'rkman injured in his employment who is in need of it, immediate conveyance and transportation to a hospital or to a physician or to the workman's home or to such other place as in the O'pinion of the Board the condition of the workman required him to be sent, and any emplO'yer failing so to do shall be liable by O'rder of the Board to pay for such cO'n veyance and transportatiO'n as may be procured by the workman or by anyone for him or as may be provided by the Board and the amQunt f'Or which the emplO'yer is made liable by such order shall be added to and become part of the next maturing assessment O'f the emplO'yer.

(8) All moneys transferred to the Accident Fund by subsectiO'n (8) of

section 44 of The Workmen's Compensa tiO'ri Act,

chapter 4 'Of the Statutes of Alberta, 194'3, shall UPO'n the coming into force of this Act be transferred to the rehabilitation reserve, subject to the additions thereto and deductiO'ns therefrom, and all mO'neys appearing on the recO'rds O'f the BO'ard as "Reserve

Section 33 (1) (k)" shall be transferred to the Accident Fund.

(9) No account for medical services or other feature O'f medical aid rendered to, for or in respect O'f an injured workman shall be recQgnized by the Board or be recoverable unless filed with the BO'ard within three months from the termination O'fthetreatmentof such workman by the person filing the account. 45.-

(1) Employers, whenever required by the Board so to dO', shall at their own expense, install, maintain and pro vide such first aid, appliances and service as the Board may direct, and after having dO'ne so shall advise the Board accordingly.

(2) Every emplO'yer shall keep in a bO'O'k prO'vided and kept fO'r that purpO'se O'nly, a recO'rd O'f all cases in which first aid treatment has been given to' a wO'rkman fO'r O'r in

32 respect lOf any injuries suffered by him, and the rec~r~ s~all set out the name of the workman, the nature of the InJurIes, the date they were suffered, the date they. were treated and the nature of the treatment, together wIth the name and address of the person giving the treatment, and every such book shall be open at any and all times to inspection by the Board or any member or representative thereof. ACCIDENT FUND. 46.

An Accident Fund shall be provided by contributions to be made in the manner herein provided by all employers and compensation payable in respect of accidents and the costs of administration shall be paid out of the Accident Fund thus provided. 47. Where at any time there is not money 'available in the Accident Fund for payment of the compensation which· has become due, the Lieutenant Governor in Council may direct that the same be advanced out .of the General Revenue Fund, and in that case the amount advanced shan be repaid to the Provincial Treasurer after the next assessment. 48.

Separate acc'Ounts shall be kept of the amounts collected land expended in respect of ·each employer, but for the purpose of paying compensation the A~cident Fund shall nevertheless be deemed one and indivisible. 49.

If in the opinion of the Board it is necessary.to pro· vide and maintain a reserve fund to meet the payments to be made in respect 'Of compensation as they become payable and so as not unduly or unfairly to burden the employers in future years with payments which are to be made in such years in respect of accidents which have previously happen ed the Board may from time to time set apart an amount from the assessments for that purpose, and the amount so set apart shall form a reserve fund ,and may be invested by the Board in securities in which a trustee may by law invest moneys. . 50.-

(1) The accounts of the Board shall be audited by the Provincial Auditor.

(2) The Board shall, on or before the thirty.:.first day of March in each year, m'ake a report to the Lieutenant Gov ernor in Council of its transactions during the next preceding calendar year.

(3) Every such report shall be forthwith laid before the Legislature if the Legislature is then in session and if it is not then in session, within fifteen days after th~ opening of the next session. . ASSESSMENT. 51.-

(1) The Board shall from time to time assess and levy upon the employers in each of the classes and sub classes, such. percentage of the pay-roll or such other rate, ?r such speCIfic sum as, allowing for any surplus or deficit In the class as the Board may require,-

33 (

a) to pay the expenses Qf the Board in the administra tion Qf this Act including mine rescue and first aid wQrk, and Qf such 'Other acts, duties and services as it may be required tOo administer Qr perfQrm; (

b) tOo prQvide and pay all amQunts payable from the Accident Fund; (

c) tOo prQvide capitalized reserves sufficient tOo pay all cQmpensatiQn payable in future years in respect Qf such accidents as have Qccurred 'Or may 'Occur during the periQd fQr which the assessment has been made; (

d) tOo prQvide a disaster reserve to meet the loss arising Qr likely to arise frQm disaster Qr Qther circum stances which, in the opiniQn Qf the Board, WQuld unfairly burden the employers in any class; (

e) tOo prQvide a silicQsis reserve for the pa.yment of all mQneys that may be Qr hereafter becQme payable by the BQard fQr Qr in respect Qf silic'Osis by charge UPQn, as an accident CQst, such Qf the classes Qr sub-classes, and in such amounts as the BQard may frQm time to time determine; (

I) tOo provide a rehabilitatiQn reserve fQr the payment Qf such expense as may be incurred by the Board for and in the retraining and r~habilitatiQn Qf and Qther adjustments furnished tOo Qr provided fQr injured workmen; (

g) to prQvide such other reserves as the BQard may deem advisable tOo ensure as nearly as PQssible within each class uniform assessments frQm year tOo year.

(2) In the case of classes mentiQned in

Schedule 2, the BQard shall not, in cQmputing the amQunt Qf its levy, take intQ consideratiQn the prQvisiQns Qf paragraphs (c), (d), (e), (/) and (

g) Qf subsectiQn

(1) Qf this sectiQn, nor Qf paragraph (

n) Qf subse,ctiQn (1) of sectiQn 33. 52.-

(1) Assessments may be made in such manner and 'form and by such prQcedure as the BQard may deem adequate and expedient and may be general as applicable to any class 'Qr sub-class 'Or special as applicable tOo any industry 'Or part Qr department of an industry.

(2) Payments Qn aCCQunt Qf their respective assessments shall in the first instance be made by emplQyers in amQunts determinable by and based UPQn the estimates furnished by them respectively under the prQvisions Qf

section ,54 Qf this Act 'Or made by the BQard under the provisiQns Qf sectiQn 5,6 Qf-this Act and otherwise as the Board may direct.

(3) Where the assessment is based UPQn the pay-rQll Qf the empl'Oyer and the pay-rQll shows in any Qne calendar year earnings in respect 'Of any workman in excess of tWQ thQusand dQllars for that year, every such excess shall be deducted frQm the amount of the pay-roll befQre it is used .as·a basis fQr assessment.

(4) It shall nQt be necessary that assessments upon em ployers in a class or sub-class be uniform but they may be

34 fixed, graded ,or varied in. 'relation to the hazard or other circumstance of the operatIOns of the employer as the Board may decide.

(5) Where publication of a notice containing a statement of percentages and rates determined and fixed by the Board and of the industries to which they respectively apply is made in The Alberta Gazette, such publication shall con stitute an assessment upon and notice thereof to each em ployer in an industry named in the notice for the year or other period named therein, computed on the pay-roll 01' production of such employer at the percentage or rate set out in the notice as applicable to such industry: Provided that publication of any percentage or rate as aforesaid shall not in any way limit the right of the Board to increase or decrease the same from time to time provided that notice of the increase or decrease shall also be pubHshed in The Alberta GazeUe and upon such publication the in creased or decreased percentage or rate shall have effect in the same manner and to the same extent as if it had been the percentage or rate originally fixed by the Board.

(6) An assessments made under the' provisions of this Act shall be deemed to be due as of the first day of January in the year in which the same are made provided that with out in any way affecting the foregoing provision, the Board may direct payment of assessments at such time or times by instalments or otherwise as the Board may see fit.

(7) Unless and until satisfactory evidence of an employ er's actual pay-roll or production for any period is submitted to or obtained by the Board, the pay-roll or production estimated by the employer under

section 54 or by the Board under

section 56, as the case may be, shall for all purposes under this Act he deemed to be the actual pay-roll or pro duction of the employer.

(8) Upon the inclusion of any industry within the scope of this Act pursuant to

section 13 hereof or otherwise how soever, the employer therein shall be liable to pay and shall pay to the Board the appropriate assessment in respect of such industry, in accordance with the rate of assessment applicable thereto, for the balance of the then current year or otherwise as the Board may require. .

(9) Notwithstanding any provision of this Act respecting notice to employers, pay-rolls, production, estimates of pay rolls or production, employers shall be liable to pay to the Board, with or without demand or notice from the Board, the full amount of every assessment assessed against him under the provisions of this Act.

(10) Every employer shall pay into the Accident Fund such assessments as may be made by the Board, and if any assessment or any part thereof is not fully paid in accord ance with the terms of the assessment the Board shall have a right of a,ction against the employer in respect of any amount unpaid, together with the costs of the action. (11). A system of merit and demerit rating may, in the descretlOn of the Board, he adopted.

(12) If an assessment or a special assessment is not paid at the time when it becomes payable, the defaulting employer shall be liable to pay and shall pay as a penalty for his default such percentage upon the amount unpaid as may be prescribed by the regulations or may be deter mined by the Board.

(13) Where in his statement to the Board of the amount or estimated amount he will expend for wages or the amount or estimated amount of his production for or during the then current year an empl'Oyer understates or under estimates the same, he shall be liable to pay and shall pay as a penalty f.or such underestimate, such percentage upon the' anlount thereof as the Board shall or may determine.

(14) Where in the opinion of the Board, the ways, works, machinery and appliances in any industry ·confonn to modern standards in such manner as to reduce the haza'rd of accidents to a minimum and the Board. is 'convinced that all pr.oper pre.cautions are being taken by the employer for the prevention of accidents and where the accident record of the em,ployer has in fact been ,consistently good, the Board may reduce the amount of any ,contribution to the Accident Fund for which the employer is liable.

(15) If in any calendar year or other fiscal period, as determined by the Board, the amount chargeable to the account of any employer is in excess of a sum equal to the amount of the ordinary assessment against such employer for the same year increased by five percent, the Board may assess and levy upon the employer for that year a super assessment of such amount as the Boal,d may deem proper, having regard to the amount of the excess and the extent of the' amounts previously ,chargeable at any time against such employer's ac'count: Pr'Ovided always that the amount of the super-assessment shall not exceed thirty-three and one-third per cent of the ordinary assessment. 53.-

(1) No assessment less than fifty dollars shall be levied in -respect of employment in or about underground coal mines and of strip mining 'and in other cases no assess ment shall be less than five dollars. For the purposes of this section, in .case of the employment of safety committees by labour unions for safety purposes in and about a coal mine, the minimum assessment shall be five dollars.

(2) Where the workman or any group of workmen of any employer, employ a workman as a checkweigher, checker or 'Otherwise howsoever, the employer shall pay to the Board an amount sufficient to pay the assessment in respect of the workman so empl'Oyed and may deduct such amount fro:m the wages of the said workman or group of workmen. 54.-

(1) Subject to the regulations of the Board, every employer shall, before the twentieth day of January in each year or at such 'Other time or times as may be 'required by the Board, prepare and transmit to the Board a statement of the total amount .of all wages earned by all his workmen

36 during the calendar year then last past, or 'a.nY part t~ereof specified by the Board and of t~e amount WhICh he estImates ·he will expend for wages durIng the then current y~~r or ·any part thereof specified by the Board, and ~uch addItI?nal or 'other information as the B'Oard may reqUIre, all venfied by the statutory declaration or other form of certificate as the Board may require of the employe~ or the man~ger of the business, or where the employer IS a cDrporatIDn, by an officer of the cDrpDratiDn having a persDnal knDwledge .of the matter to which the declaration Dr other fDrm .of certifi cate relates. '

(2) Every perSDn rendering service to a oompany where soever and hDwsoever incorporated or constituted ~nde!a contract .of service written or .oral, express Dr ImplIed, whether such person is or is not a member, .officer Dr executive of the 'company, and whether or nDt the company is or is not under legal obligation to pay such perSDn any wages, salary 'Or .other remuneration, shall be deemed to be and is hereby constituted a workman of the company and shall be included upon the pay-rDll thereof, and in every such case where the person is not being paid any wages or salary, the Board shall, for the purposes of assessment, fix such sum as in its opinion shall represent a reasonable wage or salary f'Or the service rendered by the person, having regard to the nature .of the employment, but nDt in any 'case e~ceeding in anyone year the aforesaid maximum sum of two thousand dollars and the Board shall for the purpose . .of its assessment add the sum so fixed by it to the amount of the 'pay-roll of the company.

(3) Within three days after the granting of any building permit involving an expenditure of over one hundred dollars in Dr by any -city, town, village, municipal district Dr .other municipal body, noti.ce in writing thereof shall be given to the Board by the person whose duty it is tD keep a record of such permits.

(4) Any such person shall be guilty of ·an offence and liable upon

summary conviction tD a fine of twenty dDllars for each contravention of the provisions of the preceding subsection.

(5) Any ~ork done or performed under such permit is hereby 'constItuted an employment to which this Act applies and t~e employment ?y the permit holder of any workman thereIn or InconnectI'On therewith shall constitute him an employer within the meaning of this Act and as such subject to all the provisions thereof. ' (~) . Eve~y l'!lunicipal assessor of a city, town, village, !IlunIcIpal dISt~Ict and the Department of Municipal Affairs .

In the case of Improvement districts, shall yearly, .on or be fore the last day for completing his assessment rDll make a return to the Board. upon forms provided by the' Board for. the purpose, shOWIng the names, addresses, nature of . bUSIness 'and us?al nun;ber of .em'ployees, of all empl.oyers of labour, 'carrYIng 'On In the CIty, t.own, village, municipal

37 district or improvement district, as the case may be, any industry or business other than farming, together with such information as the B.oa~d may require. . 55:-

(1) Eve-ry employer shall keep within the Prov Ince In such form and with such detail as may be required for the purposes of this Act, a eareful and a,ccurate account of all wages and earnings of his employees and of such other features and particulars .of his operations as the B.oard may require.

(2) Any person who, in the opinion of the Board, may be an employer unde-r the provisions of this Act, shall on request of the Board at any time furnish and deliver to the ;Board a statement signed by him giving full particulars of the nature of the different classes of work carried on and ~uch parti,culars as may be required by the Board concern Ing hIS pay-'roll or other feature or features of his business or industry as the Board may require.

(3) Where the business of the employer embraces more than one branch of business or class of industry, the Board may require separate statements to be made as to each branch or class of industry and such statements shall be made, verified and transmitted as provided by

section 54.

(4) The Board and ,any officer or person authorized by it for that purpose -shall have the right at all reasonable hours to enter into the establishment of any employer who is liable to contribute to the Accident Fund under this Act, and the premises connected with it and every part of them, for any purpose which the Boa-rd may deem necessary.

(5) The Board and any member of it and any officer of the Board .or person authorized by it for that purpose, shall have the right to examine the books and accounts of every employer and to make such other inquiry as the Board may deem necessary for the purpose of as,certaining whether any statement furnished to the Board under any of the pro visi.ons of this A'ct is an accurate statement of the matters which are required to be stated therein or of ascertaining the amount of the pay-roll or of ascertaining whether any industry or person is within the scop,e of this Act.

(6) For the purpose of any examination or inquiry, the B.oard or person ,authorized to make the examination or inquiry may give to the employer or his agent notice in writing requiring him to bring and 'produce before the Board or person, at a place and time to be mentioned in the notice which time shall be at least ten days after the giving of th~ notice, all documents, writings, books, deeds and papers in the possession, custody .or power of the employer touching or in any way relating to or ,conce-rning the subject matter of the examination or inquiry referred to in the notice, and every employer and every agent of the employer named in and served with any such notice shall produce at the time and place required all such documents, writings,

38 books, deeds and papers according to the tenor of the notice and for the purpose of any such examination and inquiry the Board and any person so appointed shall have all the powers which may be conferred on a commissioner appointed under The Public Inquiries Act.

(7) Every member of the Board and every officer or person authorized by it to make examination or inquiry under this

section shall have power and authority to require and to take affidavits, affirmations, or declarations as to any matter of such examination or inquiry and to take statutory declarations -required under subsection (1) of

section 54, and in all such cases to administer oaths, affirmations, and declarations and certify to the same having been made.

(8) An employer and every other person who obstructs or hinders the making of an examination or inquiry men tioned in this

section or who refuses to permit it to be made or who neglects or -refuses to produce such documents, writings, books, deeds and papers at the time and place stated in the notice mentioned in subsection (6) of this

section shall be guilty of an offence under this A-ct.

(9) No member or officer of the Board and no person authorized to make an examination or inquiry under this Act shall divulge or allow to be divulged, except in the performance of his duties or under authority of the Board, any information obtained by him or which has come to his knowledge in making or in connection with an examination or inquiry under this Act.

(10) Every person who violates the provisions of the preceding subsection shall be guilty of an offence against this Act.

(11) If a statement is found to be incorrect, the assess ment shall be made on the true amount of the pay-roll or other basis of assessment as the Board may require, as ascertained by the examination and inquiry, or if an assess ment has been made against an employer on the basis of his pay-roll or other basis of assessment as shown by the statement, the employer shall pay to the Board the difference between the amount for which he was assessed and the amount for which he should have been assessed.

(12) No member or officer of the Board shall divulge information respecting the business of an employer Dr a workman obtained by him in his capacity as such member or officer except under the authority of the Board to the persons directly concerned or to agencies or departments of the Dominion or Provincial Government. 56.-

(1) If an employer does not make and transmit to the Board the prescribed statement within the prescribed time the Board may, in addition to any other remedy pro vided by this Act, base any assessment or supplementary assessment thereafter made upon him on such sum as in its opinion is the probable amount of the pay-roll or other basis

39 of assessment of the employer, and the employer shall be bound thereby, but if it is afterwards ascertained that the amount is less than the actual amount .of the pay-roll or other basis of assessment, the employer shall be liable to pay to the Board the difference between the amount for which he was assessed and the amount for which he should have been assessed on the basis of his pay-roll or other basis of assessment.

(2) Whenever an employer fails to furnish to the Board within the prescribed time a statement of wages or pro duction whether estimated or actual as required by any provision of this Act or of any regulation hereunder, he shall be liable'to pay and shall pay as a penalty for such default such ,percentage upon the amount of his assessment as the Board shall or may determine. 57.

If for any reason an employer liable to assessment is not assessed, he shall nevertheless be liable to pay to the Board the amount for which he should have been assessed and :payment of that amount may be enforced in the same manner as the payment of an assessment may be enforced. 58. Notwithstanding that the deficiency arising from a default in the payment of the whole or part of any assess ment has been made up by a special assessment, the default ing employer shall continue liable to pay to the Board the amount of every assessment made upon him or so much of it as remains unpaid. 59.-

(1) When any industry ,corning under the pro visions of this Act is established,commenced or recom menced, the employer shall within ten days notify the Board of the fact and furnish to the Board an estimate of the probable amount of his pay-roll for the remainder of the year or such other information as the Board may require, verified by a statutory declaration, and shall pay to the Board a sum equal to that for which he would have been liable if his industry had been established or commenced before the last assessment was made or so much thereof as the B()a'rd may deem reasonable.

(2) The Board shall have the like powers and be entitled to the like remedies for enforcing payment o

Document details

Collection	Alberta — Bills
Citation	L10 S5 7277
Type	bill
Volume / chapter	L10 S5 7277
Language	en
Format	json
Source	PROVINCIAL
Identifier	3374b5c886430479968f4cccfe99298ec70ae6c6

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