Bill 21 (Legislature 2, Session 4)

L2 S4 10624

Alberta — Bills

~ILL No. 2~ of 1913.

An Act re~pecting Mines. (Assent~d to 1913.) HI~ MAJE~TY, by and wi~h the advice and consent of the Legislative Assembly o~ the Province of Alberta, enacts as follows: SHOntr TITLE. 1. This Act may be cited !lS "The Mines Act." APP~ICA'fiON. 2. This Act shall apply to ~ines of coal, stratified· iron-stone, App.catioJl shale, clay and other minera)s. 3. If any question arises ~other than in legal proceedings) :;>P~~~ c~~;~';, as to whether a mi'ne is a m ne to which this Act applies. the tete !''lnterl . l . . h ·. . y mts er question shal be referred o the Minister, w ose decision thereon shall be final.

INTERI'i!tETATIONS. 4.

In this Act and in any rqgulatiuns made thereunder, unless Intetpretation the context otherwise require!i- (a) "Mine" means a rni c to which this Act applies, and Min1 includc8 every shaft in the course of being sunk and every level and incl ned plane in the course of being driven for commen ng or opening any mine, or for searching for or ptoving any minerals, or for the operation of same nd all the shafts, levels, planes, workings, machiner , tramways, railways and sidings, both below ground nd above ground in and !tdjacent to a mine, and an such shaft, level and inclined plane of and belongi g to the mine; (b) "Shaft" means a v rtical opening through the strata Sha+ that is or may be u ed for the purpose of ventilation or drainage or for the ingress or egress of persons, animals or material to or from a mine or any part thereof; (c) "Inclined plane" incides a slope, and means an incline Incl~ned plane or opening driven n an angle through the strata and which is or rna be used for the same purposes as a shaft; . (d) "Tunnel or level" cans an excavation in the earth~.,:telor or strata driven hor zontally or at such an inclination as may be necess ry for drainage, ventilation or haulage purposes o which is or may be used for the ingress or egress of persons, animals or materials to or from a mine or a y part thereof; (e) "Outlet" includes ny shaft, inclined plane, tunnel, Out~t level or any other means of ingress or egress to or from a mine;

2 (j) "Plan" includes a fap and

section or a conect copy Pitn or tracing of any o iginal plan as so defined; (y} "Minister" means he Minister of Public Works forM;pu.ter the province; (h) "Chief Inspector" eans the Chief Inspector of Mines cllier .

In~pector appomted under th s·Act; (i) "District Inspector 1 means a District Inspector of mltrict Mines appointed u de1· this Act; I!;fpector (j) "Inspector" means the Chief Inspector of Mines or a In+pector District Inspector of Mines appointed under this Act; (k) "Owner" when us d in relation to any mine, means o+er any penmn or bod corporate who is the immcdiak proprietor or less , or occupier of any mine or of any part thereof nd does not include a person or body corporate wh merely receives a royalty or rent from a mine or is merely the propt'ietor of a minP subject to any leas , grant or license for the working thereof, or is mer ly the owner of the soil and not interested in the inerals of the mine; but any con tractor for the wo king of any mine or part thereof shall be subject t this Act in like manum· as if he were an owne1·, b t so as not to exempt the owner from liability; (l) "Agent" means any person having on behali of the A1fnt owner, the care o~· direction of any mine · or part thereof; (m) "Manager" means f:he chief officer having the control Mapager and daily supervisi n of any mine; (n) "Overman" means any person in charge of any mine 0 "frrnan or any portion of a mine next in authority to the manager; ( o) "Examiner" means jan examiner as provided for under Exrminer this Act; (p) "Shot-lighter" me3Jns a shot-lighter as provided for Sh+t-lighter under this Act; (9) "Board" means a I board of examiners as provided Borm for under this Act; (I') "\Vorkman" means for the purpose of Sectiom; 9, 10, w4rkman 11 and 12, any pers n employed in a mine below ground who is not an offic al of the mine or a furnace man, fan man, eager or onsetter, horse keeper or pump- man; and any bo y of workmen whose hours for beginning and ter inating work in the mine are approximately the same shall be deemed to be a shift of workmen; (

s) The "Supreme Cou~-t" means the t:lupreuw Court ofBu*reme Court Alberta. EMPLOYMEjNT OF PEitSONS . . 5. The owner, agent or m!nagcr of every mine to which this Retwter or Act app!jes shall keep in the office at the mine a book (the form emrloy of which to be prescribed y the Minister) in which shall be entered the name, age, resi ence and date of first employment of every person employed in connection with the mine and such book shall be producf'd to < n Inspector for insp(•ction by him when demanded.

3 6. No boy under the age of s~· teen years shall be permittcdEmploy4ent II dtO k' . 1 d ofboya, or a owe wor In any mme e ow groun . ~~en a d

(2) Where there is a shaft, ~;t inclined plane or level in any mine whether for the purpose o entrance to same or for com munication from one part to an ther part of same and personfi arc taken up or down or along such shaft, plane or level by means of an engine, windlass or in, driven or worked by steam, manual labour or other power, n person shall have or be allowed to have charge of such engine, indlass or gin or any part of the machinery, ropes, chains r tackle connected therewith unless he is a male person of a least eighteen years of age: Provided that when the engi e, windlass or gin is worker[ by a horse, mule or other ani al, the person under whose direction the driver ofsuch ani al acts, shall, for the purpose of thiB subsection, be deemed be the person in charge of such engine, windlass or gin, bu such driver shall not be under sixteen years of age. (:3) No boy under the age off urteen years shall be employed or permitted to work in or abo any mine above ground, and no boy under the age of sixteen cars and over the age of four teen years shall be employed or permitted tO work in or about any mine above ground unless h is able to read and write and is familiar with the rules of arith etic, and furnishes a certificate to tha.t effect from a duly q alified school teacher in this province actually engaged as ·st ch at the time of granting such eertifieate.

(4) No woman or girl of any I age shall be employed or per mitted to work in or about any h1inc above or below ground.

(5) Nothing however contain~d in this

section shall prevent any person from working in anloffice above ground connecter[ with any mine. 7. Every Ruch school teacher thall, without payment of any Tea.oher ~ fcc, upon application by any oy, examine him and grantrequ~red 0 such certificate if he is found t be entitled to the same and fe"..ftficat any such teacher refusing to ma c 8tich examination and grant sueh certificate shall be liable t a penalty not exceeding ten dollan•. 8.

If any boy has been emp ycd on the representation of Misrep~n~ his pa.rcnt or guardian, that h was of the proper age under~~o:a~ 1 tg~r this Act, the owner, agent or anager shall, notwithstanding lnlllrdia that such boy was not of the pro er age, be exempt from liability in respect of such employmen ; but the parent or guardian who made such misrepresent tion shall be guilty of an offence against this Act. 9.

Subject to the provisions~of this Act, a workman shall Time P~llll not be below ground in a min for the purpose of his work ::;!~1 !'; Ol' of going to or from his work, be allowed to be below ground below und for that purpose, for more tha eight hours during any con- secutive twenty-four hours.

(2) It shall not be deemed Ito be a contravention of this

section if- (

a) The period between th times at which the first work man in a shift leaves th surface and the first workman in the shift returns· the surface, and the period between the times at hich the last workman in the shift leaves the surfa e and the last workman in the shift returns to t e surface, do not exceed the time fixed by this secti n; or

4 (

b) A workman is below ~·ouud for the purpose of render ing assistance in the went of accident, ot' for meeting any danger, or for dealing with any emergency or exceptional work whi h requires to be dealt with with out interruption in o dcr to avoid serious interference with ordinary work i the mine. (3:) The owner, agent or mnager of every mine shall fix for each shift of workmen in he mine, the times at which the lowering of workmen to the nine is to commence and to be completed, and the times at which the raising of workmen from the mine is to commen e and to be completed and the :-;anu~ ,;hall be fixed in such 1 am1cr that every workman shall have an opportunity of retUI' ing to the surface without con travention of the foregoing provisions of this section, and shall poflt at the pit-head, a conspicuous notice of the times so fixed, and shall make all arrangements neceHsary for the observance of those times in lowering and raising the work men; ( 4) The interval between t[ times fixctl for the commer.1Cc nwnt and for the completion of the lowering ami raising of each shift of workmen to an from the mine shall not exceed the time reasonably required f r the purpose and the same shall be approved by the Chief In, pee tor.

(5) A repairing shift of wo kmen may, notwithstanding the provi:-;iom; of thiR section, for ,he purpose of avoiding work 011 Hunday, commence their peri d of work on Saturday bcfon• twenty-four hours have cia d since the commcnccnw.nt of their last per od of work so l ng as at least eight hours han~ elapsed since the termination thereof. (

H) In the event of any c ntravention of this

section no person shall be deemed to b guilty of an offence if he can prove that he has taken all re sonable means to prevent same. 10. The owner, agent or ma ager of every mine shall appoint 1!-egisfr of a person or persons to direct t the pit-head the lowering and t~;; ~and raising of workmen to and fr m the mine, and shall cause a rat•m persoua book (the form of which to be prescribed by the Minister) to be kept, in which shall be ntcred the times at which work- men arc lowered into and rai d from the mine, and the cases in which any workman is b low ground for more than the time fixed by this Act and th cause thereof.

(2) The workmen in a min may, at their own cost, appoint and station one or more pel ons whether holding the office of check-weigher or not, to be t the pit-head at all times when workmen are to be lowered or raised, for the purposes of obser ving the times of lowering a d raising, and the provisions of this Act relating to the ap ointment· of the check-weigher, and to the relations of the wner, agent or manager of the mine to the check-weigher, sh ll apply to any person appointed undPr this subsection.

(3) No person shall wilfull1make a false entry in the said book which is to be kept und r this section, nor wilfully causr, nor wilfully permit any such f lse entry to be made. 11. The Lieutenant Govern r in Council may, in the event Pow~to of great emergency, or of y grave economic disturbance~~ dn~ of due to the demand for coal exceeding the supply available ~"!1 ·~'fg at the time, suspend the opera ion of this Act so far as it relates r:i:: ~":;u to the limiting of hours of w rk below ground to such extent and for such period as may e named in the order either in aspect to all mines or any cl of mines.

5 12. ln the application of t is Act to mines which arc entercJ AI.'P~lC&tion to otlwrwisc than by shafts, an to workmen who are not lowered~\:' '!!.tered to or raised from the mine means of machinery, the words tha by •hart "the admission of workmen o the mine" shall be substituted for the worJ:,; "the lowcrin of workmen to the mine," and the words "the return of w rkmen from the mine" shall be substituted for the words " he raising of workmen from the mine" and the times fixed JY the owner, agc11t or manager of the mine, under

Section 8 hereof shall be substituted for the times so fixed under this section. SJNGd: OUTL~JTS l:J. 'fh.e owner, agent or nfnager of a mine shall not ell! ploy I'rror,ib1ition h . . . f o st p;e any person t erem, nor per ut any person to be therem or out! ts the purpose of employmcn unlcsR the following condition:-; respPcting outl<)ts to the sur ace arc complied with, that is to say:

(2) Every scam which is rror the time being at work shall have at least two outlets to a ord proper means of <'gress nvail able to the persons employed in such seam. (:~) Such outlets shall not a~ any point be nearer to 0110 another than one hundred feet and t ere shall be between such outlets a communication not le1<s t an four feet wide and four feet high: Provided, however, that ~othing in· this subsection shall apply to mines in operation fore the first day of March, 1908, which have outlets not at an point nearrr to one another than forty-fiv<' feet. ( 4) Proper apparatus or l~dders for the descent and nsccnt of persons at such outlets sh II be kept on the works belonging to the mine and such appar .us or laddNs shall be constantly available for WiC.

(5) Every part of a mine ~n which ten or more persons are employed at the same time, s 1all be provided with at least two ways affording prope1· egress to the surface; but this provision shall not apply when the sa1 1c is exempt by writkn order of the ~1inister. (fl) The Supreme Court 01 anv judge thereof, whether any other proceedings have been aken or not, may upon the appli catiion of the Attorney Ge oral prohibit by injunction th<) working of any mine in whi h any person is employed or is permitted to be for the purpo 'of employment, in contravention of this

section and may awm l such costs in the matter of th!' injunction as the Court or Ju ge thinks just; but this provisio11 Hhall be without prejudice o any other rcuwdy permitted by law for enforcing the pro isions of this Act. (

a) Written notice of ~e intention to apply for such injunction in respect to any mine shall be given to the owner, agent or ma agcr of the mine, not lP.ss than tt'n days before the pplication is made. 1.4. No person shall be p~ecluded by any agreement from A11rf:ments d • h t f 'd' d ] tnot pre-omg sue ac s as are nece ry or prov1 mg a secon out c olud . t . h h • . d b h' A b l' bl eom hance ,o a mme, w ere t e same IS reqmre y t IS ct, or e 1a e with Act under any contract to any p nalty or forfeiture for doing such acts as are necessary to com ly with the provisions of this Act with respect to outlets. 15.

The foregoing provisidns of this Act with respect to Ex~pti!'!'" outlets shall not apply to- ~P J::'~ons outl ts

() (

a) A ne\V mine or sea being opened; (

b) Any working for th purpose of making a commum cation between two r more outlets; (

c) Any working for the urpose of searching for or proving minerals; so l.ong a not more than twenty persons arc employed belo ground at any one time in the whole of the differ nt seams in connection with a single outlet. (:2) Any proved mine which! is exempt by order of the Minister on the ground either- (

a) That the quantity ~ mineral pro. ved is not sufficient to repay the outla which would be occasioned by sinking or making a second outlet, or by establishing communication wit a second outlet in any case where such commu ieation existed and has become unavailable; or (

b) That the workings of ny seam of the mine have reached the boundary of the property or the extremity of the mineral field of whic that seam is a part, and that it is expedient to wor away the pillars already formed in course of ordina y working notwithstanding that one of the outlets m y be cut off by so working away the pillars of the sa e; and so long as not more than twenty persons arc e ployed underground at any one time in the whole of the different seams in connection with a single outlet. (:1) Any mine while an o~let is being made therefrom or where one of the outlets of wh ch has become by reason of some accident unavailable for the usc of the persons employed in the mine so long as the mine i exempt by order of the Minister.

HOARD OFI EXAMINERS. Hi. For the purposes of thi1and the next succeeding section, Distr~ct• the province shall be divide into districts, the number and limits of which shall bP fixed nd defined from time to time by the Minister. 1'" ljr. For the purpose of griting certificates under this Act, A('Woln~ment the Lieutenant Governor in ouncil may appoint a District o o~ Board of ExaminerR for eac district, or a Provincial Board having jurisdiction over all sad districts.

(2) Such District Board sh I consist of- (

a) The Chief Inspector ~r a District Inspector appoint<~d by him; (

b) One manager of mines~ (

c) One working miner. (::!) If a Provincial Board ~s appointed under this S<'ction, it shall consist of- (

a) The Chid Inspector, ~r a District Inspeeto1· appointed by him; (

b) Two representatives of owners; (

c) Two working miners; and when said Provincial Brard is appointed the functions and duties of the District Boa ds shall cease.

(4) The board shall conduct all examinations for the granting of certificates.

7 18. Each Boanl of Ex niners shall prepare rules for its~ ... guidance under this Act a 1d may from time to time amend or revoke Ramc for the co duct of such examinations and for <letermining the qualiticati ns of all applicants, so, however, that in every such examin tion, regard shall be made to such knowledge as is necessary for the practical working of mines in the province and for th determination of the qualifications of applicants for ccrtificat s and shall do such other things as arc nrcesRary for the pr per discharge of their duties under this Act.

(2) Such rules or regulltions and all amendments thereto shall, before coming into operation, be submitted by each board respectively for the pproval of the Minister.

(3) The Lieutenant Gov rnor in Council may at ally tirrw aliter or revoke any rules rn de by a Board of Examiners. 19. The fees and travcllir:t expenses to be paid to the District I<Jes and Boards or to the Provincia . Board and the fees to be paid by :l,r.;;;:~.!'l' applicants for certificates, 1 y be determined by the Lieutenant Governor in Council. 20. In no case shall"a cer ificate be granted to any applicant!fJ:>Iioant until he has satisfied the oard of Examiners. ~i~·:,.~~r

(2) If an applicant for manager's certificate, that he has had at least five years' p actical experience in a coal mine, either in Canada or partly in Canada and partly elsewhere, or is the holder of a diploma in cientific and mining training after a course of study of at least t o years at an educational institute approved by the Minister, or has taken a degree in scientific and mining subjects at a u iversity so approved, together with three years' practical experi nco in a coal mine, part of which has been in Canada, and th t he is at least twenty-five years of age, and throughout this ct such certificate may be referred to as a first-class certifica

(3) If an applicant for a overman's certificate, that he has had at least three years' actical experience in a coal mine and is at least twenty-five years of age, and throughout this Act such certificate may b referred to as a second-class cer tificate.

(4) If an applicant for a had at least three years' and is at least twenty-thre Act such certificate may tificatc. examiner's certificate, that he has actical experience in a coal mine years of age, and throughout this referred to as a third class cor-

(5) In addition thereto~cvery applicant mentioned in this

section shall procluce to t tc board, satisfactory evidence of sobriety, experience and gen .ral good conduct, and shall produce a certificate from a duly qu lified practitioner, or from a recog- nized ambulance society sh wing that he has taken a course in ambulance work fitting hi to give first aid to persons injured in or about a mine. 21.

All examination pa ers shall be set, prescribed and~ultof. examined by such person or ersons as the Minister may appoint'"' mlnatiOn or nominate; and such per on or persons shall submit to the board the results of said ex minations together with the paperR so examined and the success ul applicants shall be recommended by the board to the Minist r for certificates under this Act.

(2) The Chief Inspector shall deliver to every f'ucccssful ~1t'ffi~teo applicant the certificate to hich he may be entitiPd.

(3) The Chief Inspector may deliver a certificate without examination to an applica t who is the holder of a certificate granted in this or any oth r country, if the board reports that the standard of training and examination required for the granting of such certifica.t is equivalent to that required for the granting of a corrcspo ding certificate under this Act. 22.

The qualifications applicants for second and third lfaLu~e o~ class certificates shall be . f a standard suitable for practical e~ammatwn• working miners; examina ions for second class certificates 1'1hall be partly written an partly oral and examinations for third class certificates shall be oral: Pr9vided, however, tha each applicant shall satisfy the board that he is able tore and write in the English language. 23. A register ?f the ho*ers of certific~~;t~ shall be ~ept by ~1:::~cc such person and m such m~nner as the Mmtster may direct. ~~rtifieat~• 24.

The Chief Inspector 1 shall make a retum and tram;mi t F~es to the Minister all fees collqcted by him. I :Y,lt'l'IYlfA'l'Y,IJ l1EllHOS8. 2.5. No person shall act pr be permitted to act a." manager M.;nR~r in any mine unless he is t~c holder of a first cla~'<s certificate granted under this Act. 26.

No person shall act r be permitted to act as ovcnnano~erman in any mine unless he is t e holder of a first or second clas.." certificate granted under th s Act, or unless he is the holder of a provisional certificate gra ted by the Chief Inspector author- izitng him to act in such c pacity for a period not more than sixty days after the next ·arnination is held for the district in which the mine is situa ell and for which the provisional certificate is granted. 27.

No person shall act r be permitted to act as examinerE>I .. ,'\ineror h t-1. ht • • h 1 k .1 f I oboj>t-hghter or s o 1g cr m any nu c w ere oc eu sa ety amps are required to be used unless he is the holder of a certificate granted under this Act, or unless h is the holder of a provisional cer- tificate granted by the Chi f Inspsctor authorizing him to act in such capacity for a peri d not more than sixty days after the examination is held fo the district in which the mine ifl situated and for which the rovisiorial certificate is granted. 2S.

Any person who has~been granted a provisional certifi cate authorizing him to act as overman at any mine operated under this AcL shall not be ranted a renewal of such certificate nor shall he be granted a s eond provisional certificate.

(2) The Chief Inspector ~my, however, grant a provisional certificate for the· period entioned therein to any person who has had at least five ye rs' practical experience authorizinl!: him'to act as overman in a y mine. 29.

Every mine shall be under the control and supervision M*a""~ to of one manager who shall h ld a first class certificate under this be i"PP<>mt...t Aet and who shall examine and initial at the mine all report books at least once in ever ten days and the owner or agent of every mine shall nomin te himself or some other person to be manager thereof, and shall within thirty days after such nomination is made, send w itten notice to the Minister and to the District Inspector of the name and address of such managrr and the number of his certi cate.

(2) The underground workings of every mme shall be under thelg,vermap to daily charge of an overm~n holding a first or second class cer- appointee tificate under this Act.

(3) No mine shall be 'Orkcd for more than thirty days without the appointment of a manager as provided in sub

section 1 of this section, ut such owner or agent shall not be guilty of an offence if he c n prove that he has taken all reason able means to appoint a anager under said subsection. ;·•

(4) If for any reasonabl cause there is for the time being no manager of a mine quali ed as required by this section, the owner or agent of such min may, subject to the written approval of the Chief Inspector a point any person holding a second elass certificate under this Act to be manager for a period not exceeding thirty days or uch longer period as elapses before such person has an oppor nity of obtaining by examination a first elass certificate under his Act, and the said owner or agent shall immediately send t the Minister and to the District Inspector a wriLten notic of the name and address of such overman and the reason f r such appointment.

(5) A mine in which le s than thirty persons are employed under ground shall be cxe pt from the provisions of this Act in so far as· it relates to t e appointment of a manager, unless the Chief Inspector, by n tice in writing served on the owner or agent requires the same o be under the co)ltrol of a manager; but the operations underg und shall he under the daily charge of a person holding a se ncl class certificate under this Act unless permission is given by the Minister that the operations under ground may be un er the daily charge of a competent person known to the Chi f Inspector.

(6) Any person emplo~·d as an overman under this Act E·hall devote hiR whole ti e to the supervision of the mine or part thereof and the fulfilli g of his statutory duties but nothing in this

section shall be ta en to mean that he cannot do such acts as arc necessary for th safety of the mine or of the persons employed therein.

(7) After the first da~of January, 1914, no person who is manager of a mine shall, 'thout the approval in writing of the Chief Inspector, be manag r of any other mine required to be under the control of a ma ager unless all said mines are within a distance of ten miles of the mine for which he was first ap pointed.

(8) When any person is~appomte<l to be manager of two or more mines required to under the control of a rnanagcr, there shall be an overman ppointcd at each mine. 30. If at any time co laint is made to the Minister that ljnquiry into any person holding a cer ficatc under this Act is by reason lj::.":etency of incompetency or gross negligence unfit to tlischargc his duty or has been convicte of an offence against this Act, the Minister may make enqui y touching the said complaint and for th<· purpot<es thereof, he following provisions shall hav<' effect: 1.

The inquiry shall be tiublic and shall be held at such place as the Minister directs. 2. The Minister shall, blc. ore commencing the inquiry furnish the person against whom he complaint is made with a state ment of same and such p rson may attend the enquiry or be represented thereat by ag 1t or solicitor, and he may, if de sired, bP sworn and cxami eel as a witness in the casr.

10 3. The Minister shall h ve power to cancel or suspend the certificate of the person ainst whom said complaint is made if he finds that he is by r ason of incompetency or gross negli gence or of his having be convicted of an offence against this Act unfit to discharge his duty. 4. The Minister may r quire the person against whom the complaint has been mad to deliver up his certificate to the Minister; the Minister rna hold said certificate until the con clusion of the inquiry and he may then either return, cancel or suspend the same. 5.

The Minister may als by summons under his hand require the attendance of any p rson ot· persons and examine them for purpose of the enqui y, and every person so summoned shall be allowed such fees s are allowed to a witness attending on a subpoena in procee ings before the Supreme Court. 6. The Minister may m ke such order, as he may think fit, respecting the costs and e penses of tlie inquiry and such order shall, on the application f any person entitled to the benefit of the same, be enforced y any court of

summary jurisdiction aR if such costs and expe ses were a pcmalty imposed by such court. 31. When a certificate i\caneelled or suspended in pursuance R-on1 o.r f l · A t th M' · h 11 h 11 . f&ilcenat•on o t us c , e uuster a cause sue cance atton or sus- pension to be recorded in he register of holders of certificates. 32. The Minister may, J,n his discretion at any time, renew, ke..!A>ration • . h . h h" k fit · perb&oate revtvc or restore on sue erms as e may t m , any certi- ficate which has been ca ce led or suspended in pursuance of ~his Act. 33.

Whenever any pers n proves to the satisfaction of the Lo"'! of Minister that he has, wit out fault on his part, lost or been~erttfioate deprived of any certificate reviously granted to him, the Minister may cause a copy of the ertificate to which the applicant ap- pears by the register to e entitled, to be made out and cer- tified by the person who k eps the register and delivered to the applicant; and every cop ·which purports to be so made and certified, shall have all t e effect of the original certificate. PAYM)ENT OF WAGES. 34.

No wages shall befaid to any person employed in or !where waKe. about any minP at or wi bin, any hotel or place where any~annot be P' spirituous or fermented li uor is authorized to be sold or in any house of entertainme t, office, garden or place belonging thereto or connected ther with. 35.

When the amount f wages paid to any of the persons ~ow wagee employed in a mine depe ds on the amount of mineral gotten p~%.'l::eoi by theni, such persons s 11 be paid according to the weight or measurement of the mi raJ gotten by them and such mineral shall be truly weighed ac ordingly at a place as near to the mine entrance as is reru;o ably practicable or measured at thP working face.

(2) Nothing in this sec ion shall preclude the owner, agent or manager of any mine ftom agreeing with the persons so em ployed and paid that de uctions shall be made in respect of stones or material other t an mineral contracted to be gotten which are sent out of th mine with the mineral contracted to be gotten, or in respect to any tubs or cars being improperly filled in those cases wher they are filled by the getter of the

11 mineral, or by the loader, or ~y any person immediately employed by him, and no such deduct ons shall be made. until such agree ment is made in writing on ehalf of both parties.

(3) If such deductions a e not mutually agreed upon, they shall be determined as folio ·s: (

a) In any special man er agreed upon between the owner, agent or manager f the mine on the one hand, and the persons so em loyed and paid on the other; or (

b) By some person ppointed for that purpose by the owner, agent or nager and by a person appointed by such employee who may be the check-weigher if any check-weig cr has been appointed as in this Act provided; or (

c) If ~he persons appo*ted un(~er the preceding subsection fatl to agree, then by a thml person to be chosen by the persons so ap ointed and if they cannot agree upon such appoint ent, then by some person appointed by the Minister.

(4) If any owner, agent ~r manager, or the persons so em ployed in any mine, fail to ppoint a person to agree upon such deduction, a person may b appointed on his or their behalf by the Minister. CHE<lK-WEIGHER. 36.

The persons who are employed in a mine and are paid according to the weight of he mineral gotten by them, may, AR!>ointment at their own cost station a erson (in this Act called a "check- ~.f:h:' weigher") at the place ap ointed for the weighing of such mineral in order to take a account of the weight thereof on behalf of the persons by hom he is so stationed; a check- weigher must be a miner of t least three years' experience and be selected from the work en at the mine at which he is to serve.

(2) A check-weigher shal have every facility afforded him by the owner, agent ur ma er to take correct account of the weighing for the persons by whom he is so stationed, including facilities for examining a d testing the weighing machine and checking the tareing of he tubs and boxes when necessary; and also for counting boxes nd tallies in order that the number of boxes, weights or quanti · es credited to each person may be ascertained, and also incl ding a shelter from the weather and a desk or table at whic to write, all to be furnished by the owner, agent or manager, a d he shall have access to all parts of the mine and bankhead ecessary for the fulfillment of his duties. 37.

The check-weigher shfl no[, in any way impede or inter- rupt the working of the mi e or interfere with the working of Ini.'irference the mine or interfere wi~h t e weighing, his duty being to take ~.r,ii,e:; such account as aforesaid o ly, and the absence of the check- weigher shall not be a rca on for interrupting or delaying such weighing. 38.

When a check-weighel has been appointed by the persons PaJ:.~ent of employed in a mine who a e paid according to the weight of cb~~ miineral gotten out by the and has acted as such, he may"" er recover from any person fo the time being employed at such mine and so paid, his prop rtion of the check-weigher's wagf.'s or recompense, notwithsta ing that any of the persons by whom the check-weigher w appointed have left the mine or others have entered the sam since the check-weigher's appoint- nwnt, any rule of law or cqui y to the contrary notwithstandinJ?;.

(2) Whenever a majority of the miners who arc employed in a mine to which this Act ap lies who have engaged a check weigher shall request iri writing f the owner, agent or manager, that the wages of ~mch check- 'eigher be paid direct from the offices of the mine, the said ow r, agent or manager shall with hold from the wages due the mi ers aforesaid, a pro rata amount ~ufficient from time to time to meet the wages due the check weigher, and shall pay the sam to him in a like manner afl the wages of the said miners are pa d. 39.

If an owner, agent or 1 mnager of a mine desires the !i.':~~;~L removal of a check-weigher on t e ground that the check-weigher hafl impeded or interrupted thew rking of the mine or improperly interfered. with the weighing r has otherwise misconducted himself, he may complain in wr ting to a Judge of the District Court, who, if of the opinion hat said complaint should be investigated, shall summon the said check-weigher to· appear at a certain time and place ther in named.

(2) Such summons and a c py ot the complaint shall be served pcn~onally on the check- cigher at least five uays before the return of such summons; if, ftcr Jiligent efforts, it is found i1npossible to personally serve s id check-weigher the said sum monH may be left with some g own-up person rcsiJing in the home or laRt known place of r sidence of said check-weigher at lea:-;t fiv.c days before the ret rn of said summons. (:{) In default of appearance tf the check-weigher to answer the complaint, service of the s id summons on him shall be furnished to the satisfa?tion of s id .Judge.

(4) Whether the check-weigh 'r appears or not, said Judge :-;hall !war the ease at the time fixed in the summons and if he deem:-; l:mfficient ground is s own by the owner, agent or IIUJ.nagPr to jm;tify the removal of the check-weigher, he shall make a

summary order for his r moval and the check-weigher shall thereupon be removed wit out prejudice to the station ing of another check-weigher in 1is place.

(5) Said Judge may in every ase make such orJer as tu the costs of the procccJings he thinl s just and such costs may be recovered aR a judgment in the istrict Court.

(6) The judgment of said jutlg' shall be final and there shall be no appeal therefrom. 40. ]n any mine in which the Jersons employed are paid by Checker mutual agreement otherwise t an according to the weight of the mineral gotten by them, they may, at their own cost employ a practical miner empl yed at the mine, who shall, at all times have power and ne essary facilities to check the correctness of the manner, me hod, measure, measurements or quantities according to whic persons arc paid, on behalf of the persons by whom he is e ployed; and alsofor counting boxes and tallies once daily, in o er that the number of boxes, weights o1· quantities credited t such persons may be ascer tained.

(2) The provisions of this Ac~ with respect to the power::; and duties of a check-weigher a d the facilities to be affordrd him and for his removal from offi c shall apply to every prrson appointed unum· this section. ORDERR AND DfDUCTIONS. • • • • • deduct10ne 41. Any person employed in 011 about a mine may, by order Orden.an~ m wntmg authonze his employer to apply the whole or part of

13 the monies due to him to t c payment of any debt due by such person employed in or abo t a mine, but any such order shall be effective only for an a ount specified therein.

(2) Any such employer may, without any order retain out of the monies due any such person employed in or about a mine, any sums due by such pe ·son in respect of powder, coal, oil, rrmt, doctor's fees or other supplies. RETUR:JifS AND NOTICES. 42.

The owner, agent or manager of eve.ry mine shall, on or Annual retun before the twenty-first d y of January m every year send I to the Minister a correct r turn showing the quantity of coal, stratified iron-stone, shale, clay or other mineral wrought or mined in such mine for or uring the year ending the preceding thirty-first day of Decembe and the average number of persons ordinarily employed in or bout such mine, together with such further information as the inister may demand.

(2) Said returns shall be in such forms as are from time to time prescribed by the 1\'Ii "ster who shall from time to time on application furnish for for the purpose of such returns. 43. \Vhen anv mine is andoned, the owner of same shall*urn from l M• • • h" d ·af a ndoned sPnd to t 1c mister wit m wenty-one ays there ter a correct ine return showing the quantit of coal, stratified iron-stone, shale, clay or other mineral mine in such mine from the preceding thirty-first day of Decemb r to the date of abandonment and the average number of pers ns ordinarily employed in or about such mine during said peri d together with such further infor- mation as the Minister rna demand. 44.

In or about any mi e whether above or below ;2;1"0Und Nl>tice of when- a.qcident 1. Loss of life occurs to any person, the owner, agent or manager shall immediately thereafter send notice of the death by telegram to the Ministe and to the District Inspector and within twenty-four hours ereafter shall make a return to the Minister and to the District Inspector according to shcedule A; 2. Serious personal injur occurs to any person, the owner, agent or manager shall, " "thin twenty-four hours thereafter make a return to the Min ter and to the District Inspector according to

schedule A; 3. Any personal injury hatever occurs to any person by reason of any explosion of gas m· coal-dust or any explosive or any explosion whatever, the owner, agent or manager shall immediately thereafter send otice of such explosion by telegram to the Minister and to the D strict Inspector and within twenty four hours thereafter shall ake a return to the Minister and to the District Inspector ac ording to

schedule A; 4. Any personal injury hatever occurs to any pen;on by electricity or by overwindi g or by or from such other cause or means as the Minister rr ay designate, the owner, agent or manager shall, within twe ty-four hours thereafter make :t return to the Minister and o the District Inspector accordin~ to

schedule A; 5. Any personal injury, o which notice has been sent un<.ler this section, results in the eath of the person injured, subse quent to the sending of su h notice, then, notice in writing of the death shall be sent the Minister and to the District Inspector within twenty-foUl hoqrs after such death has reachPd the knowledge of the owner, agent or manager;

6. Loss of life or senuus ersonal InJury has immediately resulted from an accident, the lace where the accident occurred shall be left in the same condi ion as it was at the time- of the accident for at least three days after sending notice as aforesaid to the Minister and to the Di rict Inspector or until the visit to the place by an Inspector, wh chever event happens first, unless compliance with this subsectio would tend to increase or con tinue a danger, or would impe e the working of the mine. 4.'i.

A record of the amount\ of ventilation passing in every Ventil+tion mine, required to be under t 1e control of a manager, shall be sent monthly to the Minist r and to the District Inspector on or before the twelfth day of each month. • • • . • . change of 46. When any change occur in the name of any mine not Notice~! exempt from COmpliance Wit thiS

section by the Thhmster, name, tc. or iu the name of the owner, gent or manager of such mine, or in the officers of any incor orated owner of such mine, or when any working is commenc d for opening a mine or seam, or when any mine is abandone or the working thereof discon- tinued, or when the working o a mine is commenced after an abandonment or discontinuan e for a period not exceeding two months the owner, agent r manager of such mine shall, within two months after such c ange, commencement, abandon- ment, discontinuance or recom nencement truly and correctly advise the Minister and the Dist ·ict Inspector thereof in writing.

ABANDONED MINES. 47.

Where any mine is aba do ned or the working thereof Fencin~ discontinued, at whatever ti P. such abandonment or dis continuance occurs, the owner hereof and every other person interested in the mineral of sue mine, shall at all times cause the top of every shaft and e ry entrance from the :omrface to be kept securely fenced fot· t e prevention of accidents: Provided that subject to an. contract to the contrary, the owner of the mine shall, as b tween himself and any other person interested in the mineral of the mine, be liable to carry out the provisions of this sectio and to pay any costs incurred by any other persons interested in the minerals of the mine in carrying out the provisions of is section.

(2) Nothing in this

section ~hall exempt any person from liability under any other Act o~ otherwise. 48. When any mine is aban~oned, the owner of the mine Plano orl at the time of its abandonme t, shall within three months~~:~onrd thereafter forward to the Mini ter a proper and correct plan of the mine, showing- (

a) The boundaries of the !workings of the mine showing the working faces, up to the time of abandonment; (

b) The pi'Ilars of coal or othpr mineral remaining unworkcd; (

c) The position, directiontand extent of every known fault of every seam in e mine with its vertical throw and of every known w sh-out and dyke; (

d) The position of the workings with regard to the sur face; (

e) The general direction a'd rate of dip of the strata; (

f) The depth of every shaflt and the depth from the sur face to every sealll; (

g) A

section of every seam ip the mine.

1.5 (:~) }<}very ::;uch plan shall ~c on a scale of not lc::;s than one hundred feet to the inch. (:3) When more than one ari1 has been worked, a separate plan of each seam shall be f warded. ( 4) Such plans and sectio s shall be kept by the Minister: Provided that if an aband ned mine is reopened, the owner shall be entitled to have the lans and sections returned to him on depositing with the Minist r copies thereof or of such portions of same as the Minister may require, certified to be correct by a competent draughtsman.

(5) No person except an inspector shall be entitled, with out the. consent of the owner f r the time being of a mine or auth ority from the Minister, to s e any plan or

section while in his possession but such authori y shall not be given unless the Minister is satisfied that the i spection of such plan is necessary in the interests of safety. ·· (

G) When a mine has not con worked for a period of twelve months, it shall be deemed to have been abandoned unless the roadways and workings o same are maintained in an access ible condition; if any dispute shall arise as to whether or not a mine is abandoned under th B AcL, the same shall be decided by the Minister whose decisi n slmll be final and there shall be no appeal therefrom.

(7) A complaint or inforrtation for an offence under this

section mav be made or laid within six months after abandon ment of tl~c mine or within six months after service on the owner aforesaid of a notice o comply with the requirement::; of this

section whichever las happens.

(8) The Supreme Court mfy, on application by or on behalf of the Minister, make an or er requiring any person who has for the time being, the cust dy or possession of any plan or

section of an abandoned min , or seam, to producn same to thP Minister for the purpose of i spection or eopyin~. INSfEC'l'ION. 49. The Lieutenant Gover~or in Council may from time to APHointment time appoint ::my person hoi ing a first class certificate to be oflrspector• Chief Inspector under this ct and assign his duties and fix his remuneration.

(2) The Lieutenant Govcrtor in Council may also from time to time appoint any person holding a first class certificate to he a District Inspector undo this Act for the district specified in 5uch appointment, and r ay assign his duties and fix hitl remuneration.

(3) Notice of the appointfent of every such inspector shall be published in the Alberta azctte.

(4) Any person who pract ces as a mining engineer or mine manager in the provi nee sh II not act as an inspector under this AcL. fiO. An inspector shall visi every mine in his district aR often Dutl•• as his duties permit, or thee igencies of the case require.

(2) Every inspector Rhall ake an annual report of his pro ceedings during the preccdin year to the Minister.

(3) Immediately after co pletion of each inspection the District Inspector shall caus to be posted in some conspicuous place at or near the mine a ynopsis of his report.

16 .'iil. In addition to any oth r powers or duties with which he Po,lers may be vested, an inspector s mll have power to- 1. Make such examinatio and inquiry as is necessary to ascertain whether the provisi ns of this Act relating to mattert; in or about any mine arc com )lied with; 2. Enter, inspect and exan iue any mine or any part thereof at all reasonable times by da or night but in so doing he shall not impede or obstruct the v;m·king of the mine; 3.

Examine into and mak inquiry respecting the state and condition of any mine or an) part thereof and the ventilation of the mine, and all matters and thiugs connected with or re lating ~.o the safety of the p .rsons employed in or about the mine or any mine contiguou thereto; 4. Exercise any such pow<rrs as are necessary for carrying this Act into effect. 52.

No person shall wilfuly obstruct an inspector in the Obs~uction · f h" d · d th" A l of I pector executiOn o Is utJes un er Is ct anc no owner, agent or manager of a mine shall refuse r neglect to furnish to an inspector the means necessary for maki g an entry, inspection, examina- tion or inquiry under this Act in relaLion to any mine. 5:1.

In every case which is ot expressly provided against in Cau~ of tl · A t "f D' · · t I fi · dan r not us c , 1 a 1stnc nspe tor nds any mmc or any part spem Uy thereof or any matter, thing r practice in or connected with Pro ed for any mine to be dangerous or defecth·e so as in his opinion to threaten or tend to the bodi y injury of any person, he may give notice in writing thereof to the owner, agent or manager of such mine and shall stat . in such notice the particulars in which he considers such ine or any part thereof or any matter, thing or practice to be angerous or defective and require the same to be remedied; if he same cannot be remedied he \111;\~- l'('<'u\n• tlw uwn to hi.· ~ ith.drawn from the mine or· part ,\\,'\\\~ \\\"\ """~ \\\\' ~W~' '' ''"'""hw\\h t\'t'\'-."'\\l..'\1 \.~ \lw- :;'lt"fl witlhh':\Wl\ ht• l'-hal\ \'\'l)\W\ t\ ~ :'-.'\me tQ the Cl1ief ln:-pector. (~) lf t.lw owtwr, agent. 01 manager of-. the mine object<' to n~mPdy Uw nul.Uer complain rl of or tQ wtt.hdraw the men, he t'hall ,~·ithin t<'n days afkr t. e r~ceil?t o~ sue~ ?otice fr?m the District Insp<•ctor forward h obJection m :vr~tmg, statmg the wounds tlwreof to the Minis cr who r~my w1thm. ten days af~er reecipt thereof, forward sar e by reg1stered mail ~o the Chief Justice of Alberta and there pon the matter incl~dm~ the costs in .connection therewith shal be decided by arbttratwn by the Ra.id Chief Justice and two o her arbitrators, one of whom shall he appointed by the Chief Inspector and the _othet: by su_ch owner, agent or manager a~ the award of the said Chwf Justice with one of the other arb1t ators shall be final; a copy of the ' awa1·d shall be sent by regi. tercel mail to the persons affected thereby.

(3) Five days' notice of t~e time an~ place at which .the_ arb~ tmtors will hear Ruch matte~ shall be g1ven to the parties mtcl ested.

(4) When no objection l forwarded ~ aforesaid by th<: owner arrent or manager h shall comply with the terms of the noti~e' within ten days 'aft r the expiration of the time for objection.

(5) When there has been 1an arbitration the owner, agent or manager shall forthwith co~ply with the terms of the :twanl made thereunder.

17 (Gi) No person shall be p1~cluded by any agreement from doing such acts as are necess ry to comply with the provisions of this

section or be liable u der any contract to any penalty or forfeiture for doing such a ts. ,')4. Where _it appears to t . Minister that a formal investi- Inve,tigation• gation of any accident in an mine or any matter connected with the working of any min is expedient, the Minister may direet an inspector to hold su h investigation ancl with respect to same, the following pro vis ons shall apply: 1. The Minister may appoin any person or persons possessing kgal or special knowledge to ct with the Jnspecto1· in holding the investigation. 2.

The Inspector shall make:said investigation in such manner and under such conditions as e thinks most effectual. 3. In addition to his other owers the Inspector shall for the purpose aforesaid have- (

a) Power to enter andj inspect any mine building or place,. the entry or in!spection of which appears to him expedi~nt; (

b) Power by summons ~igned by himself to require the attendance of any pe son and to require of such person such answers or re urns to inquiries as he thinks fit; (

c) Power by such summ ns to require the production of any book, paper or ocument which he thinks nece.s sary upon such inves igation; (

d) Power to administer he oath.

(4) Any person attending fore an Inspector in obedience to any such summons shall b allowed such fees as arc allowed to a witness attending on a su poena befor() the Supreme Court.

(5) Every person served wi h a summons under this section, and who has been tendered th proper witness fees, shall forth with obey and comply with he terms of the said summons. (fi) The Inspector shall ma e a report upon such investiga- tion,, which the Minister may ause to be made public at such time and in such manner as he thinks fit.

(7) Any expenses incurred r· n connection with such inves tigation shall be paid out of he general revenue fund of the province by Order in Council PLA S. 55. The owner, agent or m nager of every mine shall keep Plano in the office at the mine a c rrect plan of the mine or copy thereof showing the workings f the mine on a seale of not less than one hundred feet to the nch or on the same scale as the plan then used at the mine and howing the workings up to a date not more than three months pr viously and showing the position of the entrances to the mine ll'ith regard to a

section post on the fmrfaee.

(2) Said plan or copy shall also show the general direction and rate of dip of the strata a the depth of every shaft.

(3) The owner, agent or m nager of every mine shall post in some conspicuous place a the mine a plan showing the prineipal ways of ingress and egress to and from the various outlets with the travelling ro s leading thereto.

(4) The owner, agent or ma ager of every mine shall produce at the mine to an inspector he plan of the workings thereof

18 and shall, if requested byi· m mark on such plan the progress of the workings of the mi e up to the time of such production and Rhall allow him to amine the Hame and Hhall furnish to the Chief Inspector for is information a correct copy of such plan when requested by hi .

(5) The Chief lnspcctor~my in addition by notice in writing (whether a penalty for su h offence has been inflicted or not) require the owner, agent · manager within thirty days there after to have made a corrc t plan as prescribed by this section. COHON!Ims' INQUJl;S'l'S. 56.

When an inquest is t be held on the body of any person ~roner•' whose death may have bee caused by an explosion or accident' queot• of which notice is required this Act to be given to the Minister or to the District lnspec or, the coroner shall immediately notify tho District Inspecto of his intention to hold such inquest and in the absence, nonarri al or nonattendance of an inspector, the coroner shall adjourn such inquest whenever practicable to onablc an inspector or s me other properly qualified person appointed by the Minister t be present at the inquest. (::!) The coroner before s~·h adjournment may take evidence to identify the body and m y order the interment thereof. (:3) The coroner at least fc r days before holding the adjourned inquest shall send to the Mi 1ister and to the District Inspector notice in writing of the time nd place of holding such adjourned inquest.

(4) The inspector or su[ other person appointed by the l\'linir;;ter and a person appo nted by the workmen of the mine and a person appointed b the owner, agent or manager of the mine at which the acci ent occurred shall be at liberty at any such inquest to examin any witnesses. ·

(5) Where evidence is gi~n at an inquest, of any neglect or default as having caused o · contributed to the explosion or aceident, the coroner shall fo 'thwith send to the District InspC'l' tor, notice in writing of sue neglect or default.

(6) No person having a pelsonal interest in, or in the manage ment of the mine in which he explosion or accident occurred, or any official of any workr n's or owner's association, or any relative of the deceased per on upon whose body the inqum;t is to be held shall serve on t c jury empanellcd for such inqurHt or act aH coroner thereat.

(7) If in the opinion of t c inspector it will lead to a more thorough investigation and ill be more conducive to the ends of justice he may require th coroner to summon as jurymen not more than three working men employed at any other mine than that at which the acci ent occurred and such working men shall form part of the ju sworn for such inquest. GENERArj PROVISIONS. 57. The provisions of sec~ons 58 to 92 inclusive shall br. observed so far as is reasonaply practicable in or about rvcry mine. 58.

An adequate amount lf ventilation shall be constantly Ventllatio• produced in every mine to di ute and render harmless noxious gases to such an extent that the working places of the shafts, levels, stables and workings of the mine and the travelling roads to arid from such worki g places shall be in a fit state for working and passing therein.

(2) An adequate amount ~f ventilation shall mean not less than one hundred cubic fe of p1.1re air per minute for each person, horse and mule emplo d in a mine and as much more as the District Inspector may direct.

(3) Every mimi shall be diviled into districts or splits of not more than seventy men in eac district and each district shall be supplied with a separate cu ent of fresh air.

(4) All intake air shall trav I free from all stagnant water, stables and old workings. ·

(5) On all main roads wheret a door is required the District Inspector may order that two d ors shall be placed in order that whi'e one'is open, the other shal remain closed.

(6) The amount of ventilatio~passing in every mine shall b<~ measured at least once every w k by the overman or his assist ant and the same shall be reco ed in tt book kept at the mine for that purpose. 59.

In every mine in which i flammable gas has been found In_spec~!.or within the preceding twelve onths, an examiner appointed ~l!."r;:~ for that purpose, shall inspect ith a locked safety lamp that ound part of the mine being or inte"n ed to be worked and the road- ways leading thereto within fou hours before the time of each Rhift commencing work and if i flammable gas has been found within the preceding three mo ths, then within three hour~> before the time of commencing ork and he shall make a true report to the manager or overm n at the time in charge of the mine, of the condition thereof far as safety and ventilation is concerned; every such repo t shall be recorded without delay in a book which shall be ·ept at the mine for that pur- pose and shall be signed by the person making the inspection and a copy of such report sha 1 be posted immediately in a conspicuous plaec at the mine.

(2) No workman shall go to wprk in such part until said part and the roadways leading theretlo arc reported to be safe. (:3) For the purpose of this sftion two or more shifts suc ceeding one another so that w rk is carried on without any interval, are to be deemed to b one shift and it shall not be considered an interval if the tim .s fixed for a shift of workmen to return from work coincide wi h the times fixed for the on coming shift to go to work in ace rdance with this Act.

(4) A similar inspection of al parts of the mine in which \\·orkmen are to work or pass d ring that shift shall be made at least once during each eight ho r shift.

(5) After dangerous gas has be 'n found in any mine, a baro meter and thermometer shall L placed above ground in a conspicuous position near the e trance to the mine and the readings shall be taken every d y before the commencement of inspection and a record of s ch readings made iQ a book kept at the mine for that purpos and it shall be signed by the person or persons making said i pection. 60. In every mine in which i flammable gas haf-1 not been IDApectionfr found within the preceding twelv months, a competent person mint" ..

":~ or persons appointed for that purp se shall once in every twenty- Cn found four hours within four hours bef rc the time of starting work inspect that part of the mine bei g or intended to be worked and the roadways leading thereto, and shall make a true report of the conditions thereof as far as safety and ventilation is eoneerned.

(2) No workman shall g~o work in such part until the same and the roadways leading thereto are reported to be safe; every such report shall be recorded without delay in a book which shall be kept at the ine for that purpose and the same shall be signed by the pe son making the inspection and a copy of such report shall be osted immediately in a conspicuous place at the mine. 61.

In every mine, all enjrances to any place therein not in Pll.ees to actual course of working an extension, shall be properly fenced bil fenced around the who'e width of uch entrance so as to prevent per- sons inadvertently entering the same. 62. One or more station~shall be appointed at the entraneestl.tions to a mine or to the differe parts thereof as the case requires and no workman shall pass beyond· such station until the mine or part of the mine beyon the same has been inspected and reported to be safe. 63.

If at any time it is found by the person for the time W~thd~al being in charge of the mine or any part thereof that by reason~ .... ~of en of noxious gases prevailing 'n such mine or such part thereof, d ger or from any cause whatever he mine or the said

part is danger- ous, every workman shall b withdrawn from the mine or such part thereof so found to be dangerous and a competent person who shall be appointed for hat purpose shall inspect the mine or such part thereof so foun dangerous and if the danger arises from inflammable gas he s 11 inspect the mine with a locked safety lamp and in every c· se shall make a true report of the condition of the mine or p rt thereof and every such report shall be recorded without d lay in a book which shall be kept at the mine for that purpos and shall be signed by the person making said inspection.

(2) Except when necessa~ly for inquiring into the cause ot danger or for the removal t ereof or for exploration, no person shall be readmitted to the ine or such part thereof so found dangerous until the same is subsequently stated in said report not to be dangerous. 64. In every working appfaching any place in a mine whcresatety lamps, there is likely to be an ace mulation of inflammable gas or in etq. any place in a mine in wh ch there is likely to be any such quantity of inflammable gas s to render the use of naked lights dangerous, no lamp or ligh other than a locked safety lamp shall be allowed or used.

(2) When safety lamr;s a1 so required to be used, an exam~ irwr appointed for that pur ose shall inspect every such lamp immediately before it is tal en into the workings, to ascertain if it is secure and securely locked and no ::-;uch safety lamp shall be used until it has been examined and found secure and securely locked and the arne :;;hall not be unlocked without authority from the owner, gent or manager and in the said part of the mine, no perso shall, without authority from th<' owner, agent or manager ave in his possession any key o1· contl'ivancc for opening the ock of such safety lamp.

(3) In any mine in which afety lamps are required to be used no person shall carry or hav in his possession any lucifer match or apparatus of any kind f r striking a light or any pipe for i'imoking tobaeco, or any to acco for smoking in any form.

(4) Nothing in this rule hall be construed to prevent the u:o;e of a safety lamp pro ided with a relighting apparatus within the tube thereof of pattern approved and permitt{'d

21 by the Chief Inspector, norilio prevent the usc of any shot igniter, electrical firer or ot er appliance for such purpose of a pattern approved and per itted by the Chief Inspector.

(5) For the purpose of a~ertaining whether· any person is contravening any of the pr visions of subsections 2 and 3 hereof, the owner, agent or anager may appoint one or more persons to make such inspccti n as he deems necessary.

(6) When safety lamps ar~usccl in any part of a mine no naked lights shall be used in a y other part of the minP situated between the place where said safety lamps arc so used and the return airway.

(7) When more than forty~afety lamps are uscJ at any one time in a mine, one or more co 1petent persons shall be appointed by the owner, agent or manag r to sec that such lamps arc pro perly cleancll, put together an in good order befo1·e being given out to the workmen. 65. No explosive shall be s~orcd in any mine uor shall it be Eltpl+oi-."e• taken into any mine except n a secure case or canister con- taining not more than five po mds.

(2) There shall not be at iy one time in any one place in a mine more than one case o canister; but for the driving of rock tunnels, the Chief Inspect r may grant permission in writing for a sufficient amount of ex osive to be taken into the mine by one or more persons in se ure cases or canisters containing not more than twenty-five pou ds in each such cal'r or canister. (:1) In the process of charl"ng or stemming for blasting, a person shall not usc c1t have i his possession any iron or sted to be used as a pricker, charger tamping rod, scraper or stcmmer and nothing but clay or oth r noninflammable substance or material shall be used for st 'nuning ami such clay or othPr noninflammable substance or uiterial shall be provided by the owner of the mine.

(4) No explosive shall be orcibly pressed into a hole of insufficient size and when a ho e has been charged the explosive f'hall not be unstemmed or unr mrncd and no hole shall be borccl for a charge at a distance of 1 ss than twelve inches from any hole where a charge has miss d fire.

(5) Every charge of cxplosi e where possible shall be placed in a properly drilled shot-hole nd shall be sufficiently stemmed.

(6) Only one class, grade r quality of Pxplosive shall be used in any one shot.

(7) In any place, in which he usc of a locked safety lamp is for the time being required under this Act or in any place which is dry and dusty, no sho shall be fired except by a shot lighter appointed for the pu ose and he shall immediately before charging any shot-hol , examine same. and ·shall sec that the coal is well prepare the shot properly placed, and the bore-hole well cleaned; he shall examine the character of explosive and shall regulate he quantity of such explosivP to be used in such hole, and su .h hole shall be loaded according to his instructions; he shall exa ine all places contiguous thereto within a radius of sixty feet a d shall not fire the sho.t unless he finds it safe to do so and t e cables shall not be coupled up nor the shot fired except by im; the explosive shall not be fired except by some form of electrical firer or other means approved by the Chief Inspect r.

(8) After a shot has been fir~d, the shot-lighter shall inspect the place and the workmen shaJl not resume work in such place

22 until it has b~en so im;pected and pronounced safe by the shot lighter.

(9) Not more than one shot shaJl be fired at any one time in any working face in coal unless sJch shots arc fired simultan eously by electricity.

(10) Detonators shall not be Ufed in any mine nor taken therein except under the following tonditions- (

a) Detonators shall be undi the control of the owner, agent or manager of the ne or so.me person or persons appointed in writing by him for that purpose and they shall be given onl to shot-lighters or other persons authorized by t e owner, agent or manager in writing: Provided, however, t~t where an electrical firer is usccl, the workmen ay carry their own supply of detonators, but a sh t-lighter shall be the only person in the mine who shall have in his possession or usc, an electrical firer; (

b) All detonators given or ~··sued unclcr this subsection shall, until they arc about o be used, be kcp.t in a secure case OJ' box separate from any other cxplmavr.

(11) No shot shall be fired in a y place in whi<'h at tlw last in:-pection inflammable gas has be found- (

a) Unless the person appoin~d under subsection 7 hereof has examined the place w ere gas has been so reported to be present, aml has f nd that such gas has been cleared away, and that t ere is not at or ncar such place, :mffieient gas issui g or accumulated to render it unsafe to fire the shoti or,

(12) No shot shall be fired in ny place which is dry and dusty except one of the following c ditions is observed, namely: (

a) Unless the place where th shot is to be fired and all contiguous accessible pia es within a radius of Rixty feet therefrom including ·oof, floor and sides arc at the time of firing in a wet tate from thorough watering or other treatment cquiv lent to watering, (1:1) Any mine which is divided iito districts in such a manner that each district has an indcpend nt intake and return airway from the main air-course, for the urpose of this section, each of such districts shall be considerec a separate mine.

(14) No explosive shall be thawfcl in any mine underground and when it is necessary to thaw arne at any mine, a proper thawing apparatus on the surfac . shall be provided by the owner of the mine. 66.

When any working has app ·oached within one hundred Bore holes and twenty feet of a place which is ikely to contain a dangerouR accumulation of water, the work ng approaching such place shall not exceed eight feet in widt or height and there shall be constantly kept at a sufficient d stance not being less than fifteen feet in advance at least o e bore-hole ncar the centrP of the working face and sufficien flank bore-holes on each side. 67.

Every working shaft used fr the purpose of drawingsi~la.and minerals or for the lowering or rais ng of persons, if of a greater:;:,:.,:"n depth than one hundred and fifty f t and not exempt in writing by the Chief Inspector, shall be provided with guides and some proper means of communi ating distinct and definitP signals from-

(

a) The surface to the bo~tom of the shaft; (

b) The bottom of the sj:lait to the surface; (

c) Every entrance for. thEt time being in use off the shaft to the surface; (

d) Every entrance for tM time being in use off the shaft to the bottom of the spaft. 68.

Every underground plan on which persons travel which Si~n is self-acting or worked by engine, ·windlass or gin shall ~f .. ~e:~·vuru be provided, if exceeding ninet feet in length with some proper means of communicating disti ct and definite signals between the stopping places and the e ds of the plane and every back or counter balance used for r ising or lowering coal or other minerals if exceeding ninety f et in length, unless exempt in writing by the Chief Inspect r shall be provided with some proper means of communicati g distinct and definite signals between the lower end and etween the entrance of every working place thereon for the me being in work and the upper end thereof. 69.

Every underground pla] on which persons travel which Msnh~.le.• and is self-acting or worked by an ngine, windlass or gin, if exceed- ~:ad~l¥ng ing sixty feet in length shall e provided with sufficient man- holes or places of refuge at i tervals of not more than sixty feet.

(2) Every road on which p rsons travel underground where the produce of the mine in tr sit exceeds ten tons in any one hour over any part thereof, a d where the load is drawn by a horse or other animal, shall here there is not standing room of at least two feet, be. provi ed with man-holes or places of refuge at intervals of not mor than seventy-five feet. '

(3) Where the load is drawn y machinery or other mechanical power at a speed exceeding tw miles per hour and there i,; not standing room of ai least tw feet, there shall at intervals of not more than sixty feet be )rovided, manholes or places of refuge. ( 4) Every manhole or plac~ of refuge shall be at least three feet in depth between the side of the cars mnning on the plane or· road and the back of the 1anhole, three feet in width and four feet in height.

(5) Whenever in the opirJon of the .Chief Inspector the provisions of this

section are ot sufficient for the safety of the persons travelling t~ereon, he ~nay require the own~r, agent or manager of such mme to pro tde a se·parate travellmg road.

(6) Every manhole and ~ace of refuge shall be con stantly kept clear and freque tly whitewashed and. no person shall place anything in a rrui hole or place of refuge so as to prevent access thereto. 70. The top of every shaft fhich for the time being is out of Shai~i and usc or used only as an airsh ft shall be kept securely fenced b;tf:{:.:I.to for the prevention of accident, .

(2) The top and all cntrarles between the top and bottom of every working, ventilating r pumping shaft shall be properly fenced for the prevention of a cidcnts but this shall not prevent the temporary removal of the ence to make repairs or for other operations if proper prccaut ons for safety arc uRcd in the mcantimr.

24 71. Where one portion~£ a shaft is used for the lowering ol Partitions; • • f b J h • d h . ohafto raising o persons y ad ers or ot erwise, an anot er portio is used for raising the m terial gotten in the mine, no perso shall travel or be permitL d to travel in the shaft when the sam· is in operation, unless he first mentioned portion is eithe · cased or otherwise secmely fenced from the last mentionec portion. 72. Where the natural! strata is not safe, every working Oj"Sharu. to h< pumping shaft shall be s<lcurcly cased, lined or otherwise mad¢ oecured secure. 73.

The roof and side~ of every travelling road or workin~ Places to b• place shall be made secur and no person except those appointe< made oecur' for the purpose of explo ing or repairing shall travel or wor in any such travelling r ad or working place which is not s made secure. 74. A sufficient supply~£ suitable timber shall be constant!! Timber kept in each working pla e as near the working face as is prac ticable and in no case sh II it be further away than the neares crosscut to the working ce, or other convenient place in th vicinity thereof. 75.

All coal during thcl operation of haloing or undercu ttin~ Spragging by hand shall be ~mpport~d by coal oi· wooden props. 76. Every cage or tub rployed in lowering or raising person~ overhead in any working shaft shal have a sufficient and proper covcrin cov~r overhead but this shall ot apply where the cage or tub i worked by a windlass no where persons arc employed at wor in the shaft nor where written exemption is given by th Chief Inspector. 77.

No single lin~ chai! shall be used for lowering or raisinJ chains persons in any working shaft or place except for the shor~ coupling chain attached t the cage or load. 78. The drum of ever~machine used for lowering or raisii~ Preven.tio!', persons shall have attac d or fastened thereto proper flange, rope •hPPIDJ or horns and if the drum is conical in shape it shall have sue other appliances as are sufficient to prevent the rope fro slipping. 79.

Every machine worfed bv steam, water or other mechan~ Brake and · J d f j · ""• • h JJ h t h indicator 1ca power use or owerm or raising persons s a ave at ac e thereto an adequate brak and in addition to any mark on th< rope it shall also have a roper indicator. showing the positio of the cage or load at all times. 80. Every fly-wheel ant all exposed and dangerous parts o~Seeuhr!ngof h. . . II mac mery the mac mery used m or bout any mme sha be kept securcl fenced for the prevention f accidents. 81. Ever.y steam boiler shall be provided with a prope1' steam gauge, water gaugeland safety valve. 82.

A competent perso oi' persons appointed for the purpos<• shall at least once in eve twenty-four hours inspect the exter nal parts of all machinery, eadgear, ropes and chains of the mine which are in actual use and shall without delay make truP reports of such inspection in a book which shall be kept at the mine for that purpoHe, a Huch mports :;;hall be signed by th<• person making the inspcc ions.

25 83. A competent person alpointed for the purpose shall at least once in every week ins ect the shafts and the guides or conductors therein by whic persons are lowered or raised and shall without delay mak true reports of such inspection in a book which shall be kept at the mine for that purpose and such reports shall be signed y the person making the inspec tions. 84.

A ladder used permane~ly for ingress or egress to or from Lad4er. a mine shall not be fixed in · vertical or overhanging position, but shall be inclined at the ost convenient angle which the spaee in which the ladder is xed allows and every such laddet· shall have substantial platfor ns at intervals of not more than sixty feet. 85. Properly constructed ~mbulances or stretchers with ~~bplances, splints and bandages shall b kept at every mine ready for immediate use in case of acci ent. 86.

No person shall wilfully~arnage or without proper author- Wilrql damage ity remove or render useless ny fence, fencing, casing, lining, guides, means of signalling, gnal, cover, chain, flange, horn, brake, indicator, ladder, plat orm, steam gauge, water gauge, safety valve or other applian e or thing provided at the mine. 87.

If more than twenty p1·sons are employed in any mine Was~-house below ground, sufficient aeco modation shall be provided for enabling the persons employ d in the mine to conveniently wash themselves and dry an change their clothes and such accommodation shall not be i the engine house or boiler house. 88. No person Rhall, withou1lawful authority enter any mine, Authtrity to building or premises without first having obtained permission enter from the owner, agent or m nager, overman or outside fore- man. 89.

For the purpose of comfying with the provisions of this e!re~ion~o Act, every person shall obse e such directions with respect o erv to working as arc given to hin . 90.

The persons employed i 1 a mine may from time to time Co ~'ttee appoint two of their number o inspect the mine at their own:,~ tw cost and said persons shall allowed at least once in every by rkmen month, to inspect the mine, sh fts, levels, planes, working places, return airways, ventilating ap aratus, old workings and mach- inery and shall be afforded cv y facility for the purpose of such inspection and they shall mak a true report of such inspection, and such report shall be reco ded in a book to be kept at the mine for that purpose and shal be signed by the persons makin~ Lhc same and a true copy of the report shall be sent immed- iately to the District Jm;pec or by the persqm; making the Ramc.

(2) If the owner, agent or Jmanager so desires, he, or some person appointed by him ma}j be present at the whole of saitl inspections. 91. The persons employed ~t any mine may appoint two of~~'t:'or their number to inquire into an accident resulting in drath...; o ·· to aceidt or lllJttry any person or per ons. 92. All books required to ~e kept by the foregoing general Howut;o~·ln provisions shall be provided y the owner, agent or manager, :C.J~ .. and the same or a correct cop thereof shall be kept at the office""' be kept

of the mine and an inspector r any person employed in the mine, or anyone havinl!; the ~rittcn authority of the Chief InHp!~ctor may, at all rcasonabl times inspect and take extracts or copies from such books; b nothing in this Act shall be construed to impose an obliga ion to keep any book or copy thereof for more than twelve n onths after same has ceased to be used for entries therein und x this Act; and any report by this Act required to be re~ord d in a book may be partly in print or lithograph and partly n writing. Sl'ECIAI. l'~OVJSIONS. 03.

Tht~ provisions of scetimjs U4 to 128 inclw,;ivc shall be ol~servc<l as far as is rcasonabl~ practicable in or about every lllliW. 94. Before commencing worl~ in or about any mine every To .be ]Hm;on shall personally attend t the office aml be registcn•d regtster~d in accordance with the provisio s of this Act. 95. Every person, shall at allJ.imcs, obey the lawful tleman(ls Onlcrs tp be observeq. or orders. of the person under w ose charge he may be. 96.

No person occupying a poi'tion of trust shall delegate hissanctio~ must work to another person witho 1t the sanction of the person be obta• ed malcr whose charge he is and n person occupying a position of trust :;;hall absent himself from t ty without legitimate cause or wiLhout having previously obtai Pd permission from the pPr;;on under whose charge he is. 97.

Where work is carried o~ continuously for more than Obtain one shift, no person having char re of other persons, machinery, b::~~;:,~~~ving signals or ventilating apparatus shall leave work until relieved, work u!lless authorir.ed by the personc under vvhose charge he is. 98. No person in or about aJny mine shall commit

an act No actsjo likely to cause danger to the ntine or to any person. =~~~~g•f 99. Any person receiving per~onal injury in or abou't any Report 9r mine shall, if able, before leavin the mine, report same to the injury manager, overman, examiner or outside foreman. 100. When any person bccorrl's aware of any contravention Report 'f of this Act, he shall as soon as p ssible report same to the man- ~l:~~f~~ ager, overman, examiner or on de foreman. 101.

Intoxicating liquor shall I not be taken in or about any Intoxicalin" mine without the consent of the manager, nor shall any person~ff~,:;~t in a state of intoxication enter or be allowed to remain in or about any mine. 102. No person without pr~er authority shall interferez'lterfere;~ with any notice, timber, door,·fe ce, aircourse, brattice, stopping:'!!• not• or other appliances nor shall he leave open any door which he found shut nor shall he do anyt 'ng to interfere with the ven- tilation of the mine, to impede he working thereof or darnagt• the property of the owner. 103.

No person shall enter or ~cmain in any place in or aboutNoyei'!IO~to any mine where he is not absolultely required by duty to be. :;r.: ;'it out authont 104. No person shall ride on p.ny car in or about any mine Riding 01~ without the permission of the ma~ager. ::;:l

105. No person with an openl1ight shall enter or I'cmain in Care of Ijghts any stable and any person who finds an open light in a stable shall at once extinguish it.

(2) Every person shall sec th~t all unnecC'ssary lights under his charge arc extinguished. 106. Every person shall usc I great care ancl precaution in care of <jars handling cars so that no injury 'till occur. 107. A workman shall usc Jrcat care and precaution in care of I. 1 · · . 11 explos•vqs hand mg exp os1ves and when akmg a cartndge he sha not keep his lamp on his head nor h ve a pipe or cigarette or cigar in his mouth; he shall place hi lamp at least four feet away and at a point where the air wil carry a spark from him. 108.

No person shall take in~o or allow to remain in anyExptosiv~s. '1 · · 1 · l . where no~ to be bm dmg about any mmc any ex J ostve or exp ostve substance, unlef'R authorized to do so by t e owner, agent or manager. MANAqmn: 109. The manager shall take ~1 reasonable rt .ns to enforce the provisions of this Act; he sh I have supervision and control of the mine and shall be respon ible for the appointment of a sufficient number of persons who e duty it shall be to carry out the provisions of this Act and t see that the mine is worhd with all reasonable provisions fm safety. OVER.MAN. 110. The overman shall-

(1) Be subject to the control ~ t. he manager and shall direct and supervise all work underg1 und; in the absence of the manager, or at any mine where a manager is not required by this Act, he shall have the .sam responsibility and be subject to the same liabilities as the man ger.

(2) He shall rxamine all worlof.g places in the mine as often as possible particularly with re erencc to safety and proper working and generally he shall e 'ercise that direction over the workmen and work that will cond tee to thl~ir safety and the best interests of the mine.

(3) Hl~ shall see that all roatways,. headings, airways and breasts arc kept as straight as p ssible and that all pillarR and stumps arp of uniform and suffici nt thickness. \-\\ \\\' "'h~\\ $\'\' \h~\ ~\\\ i<tO\)\)l \~ :\\"\' \)T\'>\l('r\y tl\1\\t and kq•t l\\ ~: ... •.1 t\'\~lt, (5) immediately after it has ccjnnc to his notiec, he shall eau~c all dangerous places to be madel secure. (ti) He shall sec that all door~are hung in such a manner that ~>,~~ '"ill d~ ~ \l:t>:.-it ~'"u. ~\ :wd b.e ~ ~ t.h:!.t ~ill ;~~ ~'· ~" ~- .. -~- -.~ "S-'"'::' ~ • ~ ~ ~~~ ~i ~ ~:;; ~llO\~ ~~lY :1~01: t~ he propped o fastened ba.ek 'or open~d rxcept. for the passage of persons, a imals, cars or locomotives.

(7) He shall not allow trappe~s while on duty to leave the doors under his charge under any pretext whatever. (

R) He shall see that all cntfi~s arc driven the proper height ntld widt.h, t.hnt. nil rond:-~ nrn k •pt. pt'0pcrly dc:uwd and a.o:; well dt~\1111''' "" 1\1\'~'~iht,, und in ~~ mtl '1'1llldith111 l\11' 1\11 1\lliml\ll:,

(9) He shall sec that all torses and mules under his charge arc not overworked or unne essarily whipped or abused by the drivers, and that the stable an propel'ly attends to his duties. (l!

l) He shall see that nq coal or other material is lost by premature or improper drawing of pillars or stumps and that the coal is properly mined.

(11) He shall sec that all ~ools and materials furnished to the workmen arc properly used.

(12) He shall examine an~mitial daily at the mine, all report books in the department un er his charge and shall see that all reports arc properly recorde therein.

(13) He shall see that all frways and all accessible old work ings are inspected once at le st in every week and that reports of such inspections are reco ded immediately in a book kept at the mine for that purpo e, and that the same are signed by the person or persons rna ing said inspections. EXjAMINER. 111. The examiner shall-

(1) Be subject to the orded and control of the ovet·man whose instructions shall not conflict \with this Act.

(2) He shall when makin his inspecti'on before work com mences, chalk his initials a d date of inspection at the face of every working place in e district under his charge and shall sec that all entrances any place which may be found unsafe arc fenced off at such distance from the point of danger RO as to prevent any person inadvertently approaching same.

(3) He shall in:;;pcct at lea t once in every twenty-four hours all airways in the district un er his· charge and on his becoming aware of anything requiring attention shall report the same to the manager or overman.

(4) He shall keep a caref l watch over all working places in the district under his cha e and in the event of danger he shall withdraw all persons w may be exposed to such danger and immediately report the anm to tho manager or overman and shall also make and sign report of such danger in a book kept at the mine for that pur osc.

(5) He shall before comm~ncing his shift read the reports of the last preceding inspec on and insert his initials thereto and note if gas or any oth r dangerous condition has been rcpc;:ted to be present in a y part of the district under his charge.

(6) He shall sec that the tovisions of this Act are strictly observed and shall report an nonobservance of the same to thP manager or overman im ediatcly after the same comes to his attmtion. SHOT-~IGHTER. 112. The shot-lighter shall e subject to the control of the overman whose instructions s all not conflict with this Act.

(2) Before firing a shot, t e person about to fire the same shaH see that all persons arc out of reach of danger from the probable effect of such shot in that or any adjoining place and he shall take such prec utions as may he necessary to prevent any person inaclvert ntly approaching until the shot is fired.

(3) When electric ltteries are used for firing shots ~d a shot has missed fire, o person shall enter any place where he shot has missed until he battery has been disconnected d permission is given for such entry by the person in charge of the firing.

(4) Where fuse is uslct for firing shots, no person shall ent-er any place where a sho has missed without authority or 1flr mission from the mana er, overman or examiner.

(5) A record of all shJots which have missed fire shall be k~pt in a book provided at ijhe mine for that purpose . .

(6) In all places wfre locked safety lamps arc requi~~d to be used, the shot-li hter shall not be a contractor nor 1y person in the employ of contractor unless permission in writ" g is first obtained from th Chief Inspector.

(7) Before leaving ~ p'ace where a shot. has missed fi e, a warning board or fe ce shall be erected or fixed across he whole width of said pla c by the person who attempted to re same and to prevent a yone inadvertently entering said pia e.

(8) After a shot hasfbeen fired, the person who fired sa c shall, as soon as pract' able thereafter, inspect the place a d take all necessary steps o ensure safety before work is resum d. LAMPMAN. 113. The lampman s[ll see that every safety lamp given ~l for usc in the mine is thoroughly cleaned and properly 1 t together in safe workin order and securely locked, and he sh II also sec that no mfety I mp gauze is used with less than twcn - eight parallel wires to t e inch with equal spaces between.

(2) He shall see that ~11 oil, gasoline, naptha, spirits or ot~r inflammable materials re careful'y and properly stored a d used and that no greasy waste or other refuse is allowed to ace - mulate in or about the I mp house.

(3) He shall not al of any person to be in the lamp houle except those whose bu incss requires them to be there a ul he shall keep the lamp ouse neat and clean and all applian rs in proper working ordm. ·

(4) Whenever the la~1pman receives any defective or dail aged lamp from any pet on, he shall report same to the mana cr or overman and he shal keep same in the state in which it s received by him until i spectcd by the manager or overman ..

(5) No one except a1person authorized by the manager i<>r overman shall take a s cty lamp from the lamp house or git-rc one out for usc in the nine. ISAB'ETY LAMPS. 114. Every person oq receiving a safety lamp shall inspljct it to see that it is secur+ and securely locked.

(2) Every person wh has a safety lamp in his possessi n Hhall pay frequent attc tion to same and if oil is spilled on t e gauze ur glass, if the g uzc is punctured so as to make a h lc larger than that allow d in an ordinary safety lamp gau e, if thr glass is cracked o if said lamp becomes unsafe from fi e damp or from the foreg · ng or any other causes, he shall at on c extinguish the light by drawing the wick within the tube a d forthwith take it to the verman, examiner or to the lamp hou e outside.

(:~) No person shall improfkrly use or damagp, any safety lamp or blow out or attempt t~lblow out any flame in any safety lamp.

(4) No person shall place a lafety lamp on its bottom unless it iR necessary to do so for t e safe performance of his work and in all cases it shall be at cast two feet from the swing of any" tool.

(5) Every person receiving fnc or more safety lamps before going on shift shall personally return them at the end of Lhe shift to the lamp house. (ti) No person shall without~uthority have in his possession in any mine, aity explosive ai d in mines where locked safety lamps are required to be used if any explosive remains in the possession of a workman at t e end of his shift he shall bring same out of the mine and retu it at once to the place of stor age provided for that purpose

(7) Every person authorizcJ to use explosives shall usc the greatest precaution in the car and handling same.

(8) No person shall fire a y shot without authority from the manager 01' ovcrrnan. UNDERGR~UND WORK. 115. All persons employed underground shall be stib,icct~~;;~tti~~, getwrally to thn control of t 0. manager, overman, cxammer and any other person proper!. appointed.

(2) No person shall walk u or down a hoisting slope with out permission from the mana cr or overman 'and every person in or about a slope or shaft tom shall obey tho orders of the onsettcr or eager.

(3) No person in or about ~ny mmc shall improperly uo;e or remove any signal, signal w re or o;ignal apparatus and no person without proper authori y shall give any fiignal.

(4) Before commcncing wo k, every person in charge of a working place shall satisfy hi self that the same is in a safe condition to work in; he sha I also inspect his working place carefully at frequent intervals during his shift and he shall set sufficient timber to safely su port the roof and sides of said place; he shall remove or rene same when necessary and shall take down all dangerous or oubtful pieces of loose material; if, however, said person finds it impossible to make said place safe., he shall fence same off d at once report same to the manager, ovennan or examine· and he shall at no time leave his working place until it is made safe or fenced off. (.5•) When any person finds1that he has not sufficient timber or other material to make hi, place safe, he shall immediat.cly withdraw from such place a d report same to the manager, overman. or examiner. (()) Any person in charge ot a place shall work same accord ing t? the directions or ord~rs of the manager, overman ot· cxanuner.

(7) When any person disc ers any stoppage or disarrang(' ment of ventilation,. damage to any air-crossing, cloth, door, stopping, brattice or air-pipe or observes any obstruction in any air-course, weakness in th roof, deficiency of timber weight or creeping of roof in any w king place or roadway, accumu lation of gas or water or any ther danger, he shall immediately give notice to every person e posed to such danger and w the manager, overman, or cxami cr.

(8) When any person fils fire-damp or other noxious gase: in dangerous quantities in a y mine, he shall immediately repor· the same to the manager, vcrman or examiner before leavin~ the mine and before leavin the mine he shall sec that a recon of the same is made in a bo k kept at the mine for that purpose S'fABLEMJI;N AND DRIVERS. 1 16.

The stableman sha~ not allow any animal tmder his Dpties charge to do any work wh le not in proper condition, and he shall report to the manag r or 'overman any injury received by any animal under his ch rge. (2) ·The stableman shall cc that all animals receive proper attention and he shall atten daily or when required by the over man or manager to all ani als suffering from any cause or ill ness; he shall not admini er any medicine to any animals except for sore shoulders, cu s or bruises unless authorized to do RO by the manager or ove man and shall have all animals harnessed with proper fitti g harness and in good condition for their work before allowing hem to leave the stable.

(3) Every person in cha*e of an animal shall take proper care of same; he shall not a use it or allow anyone else to do so and he shall not leave sam at any time without securing or fastening it safely from any possible danger.

(4) When any person in~charge of an animal finds that it cannot pass along any road without rubbing against the roof, sides or timbering, he shall t once report same to the manager, overman or examiner.

(5) Every person shall ei·rcise great care while running or drawing carR and if necessar shall use sufficient sprags to pn• vent Raid cars from getting Jeyond control. DRifEH BOSS. 117. A driver l.JoHs (if ole IS appointed) shall, inside the nuties mine, have charge .of all dri ers, cP,ute-loaders, spraggers, trap- pers and others engaged in h uling coal. TJ1APPERS. 118.

When a trapper has! charge of a door, he Rhall open Dulies same only for the passage of persons, animals, locomotives or cars and he shall instant y close the same when they have passed through; he shall not allow said door to remain open or to be propped or fastened aek and he shall not leave same until the work of hiR shift is finished. HAUq,GE !WADS. 119.

A11y person in char . of any haulage road, plane or In•'fhuctioo incline, or any cars or rna inery thereon shall at all times ~';!".~~on of pay strict attention to sign s and to any deviation from the regular course of said cars r rpachinery and when he finds anything defective, he shall forthwith stop the cars and th<' machinery until the defect is repaired or remedied; he shall also report to the rnanagPr, over an or person under whose charg<' he may be forthwith, any d nl!:er, weakness or defect he may find:

(2) Any person whose dut~ it is to couple any car to any rope or chain or to any other ca , shall see that· the couplini!:S arc secure, properly made, in goo l order and not twisted.

(3) Stop blocks or soml other efficient appliance to prevent cars from accidentally goi g down, shall be provided and used at the top of all self-actin inclines, slopes and shafts.

(4) Where a drag or oler appliance is required to be used by the manager or over an, the person in charge of same shall in all cases attach th drag or other appliance to the cars before hoisting begins. CAGERS AND ONSE'fTERS. 120. The eager or onserer shall have the general direction ~n'!l~~l~~ of the work at the pit bott m and he shall sec that all persons, animals, cars and materia are properly caged consistent with safety.

(2) He shall also see ·th t no person IS allowed to be raiHed in or on any cage or trip f the opposite cage or trip contains material of any description nor shall he allow any person to as cend in or on any cage wh ch contains any car; nothing in this subsection shall, however, be taken to mean that a person may not be raised in a ca e or trip where material is required to be placed on the opposite cage or trip, for the purpose of acting as a back balance: Provided such material F" securely fixed in such a manner that it cannot move on sucp cage or trip. OUTS1DE FOREMAN. 121.

The outside forerna~ shall be subject to the control of J:1uti(lt! the manager or a person a pointed by him, and he Rhall direct and supervise all operation outside the mine.

(2) He shall see.that ev1·y person under his charge performs his duty in a manner to i sure the greatest possible safety to others anJ to the property of the owner.

(3) Unless some other pprson is appointeJ for the purpose, he shall receive all ordcrs fo\· supplies and shall see that they arc properly filled. ( 4) He shall sec. that all explosives anJ other inflammable materials arc handled with he greatest possible care•, and at no time shall he allow a naked light to be in. the powder magazine.

(5) He shall see that all unnecessary fires are extinguished or properly damped before he leaves the mine at the close of each day. 1\IASTlf:lt JI.H;CHANIC. 122. ~ubject to the contro~of the manager the mastc.·r mcchanie shall have charge of all m chinery and appliances about thP mine; he shall see that the arne arc in good working order and shall conduct the operation under his charge in a mamwr to insure the greatC'st possible safety. 123. Where no master Itechanic or outsiJe foreman is ap pointed, their duties shall . performed by the manager, over man or some other person ppointed by either of thrm.

VENTI~ATING FANS. 124. Notwithstanding althing contained in the Bmlers Act to the contrary, no per on shall, under any circumstances stop any ventilating fan ithout first having obtainrd JWI' mis.'lion in writing from. t.h manager or overman.

(2) The person in charge o~any ventilating fan shall immed iately notify the manager or o erman when it becomes necessary to change the speed of said fa ; and no person shall change said speed unless he has first ob ainctl written instructions from the manager or overman. J•;NGINEERS lAND FIHEMEN. 125. Every engineer shall,.ifore commencing work, inspectDutie~ the machinery under his cha e and all appliances connected thci'Cwith and he shall imme atcly report any defect he may find to the master mechanic.

(2) Every engineer in chalge of any machinery usl'd for transp01;tation purposes shall operate same according to th<~ master mechanic's directions and the master mechanic Rhall be subject to the control of the manager. (:

J) Every engineer shall farcfully start and operate all rna. chinery under his charge a d shall remain with same while it is in motion, and if a sign 1 is misunderstood he shall not proceed until the same has be n Jistinctly repeated and if the signal apparatus fails to work, e shall forthwith notify the mas ter mechanic.

(4) Every fireman shall be s bject to the control of the master mechanic; he shall see that he water is maintainetl at the proper level in the boilers an< frequently blow out the water column to see that it is wor 'ng properly; if he observe any derangement or defect in the boilers or in their connections or fittingR, he shall immediatcl report the sanw to the maskr mechanic or to. the engineer in charge of the power house.

(5) No engineer or fireman s 1all leave his place of duty until he is relieved by the oncomh shift or by permir;sion of the person under whose charge h is.

(6) All persons in charge ~ engine-rooms or boiler-houses shall see that all oily or gre y waste, inflammable or other material is kept in a receptacl' provided for that purposl' and the same r;hall not be allowed o lie around. BANKjSMgN, 126. The banksman shall h vc the general direction of the A~~J!Y work at the bankhcad and he s all see that all persons, animals, an "'" cars and materials arc proper caged consistent with safety.

(2) He shall also sec that no person is allowed to be lowered in or on any cage or trip if t opposite cage or trip contains material of any description n r shall he allow any person to descend on any cage which c tains any car; nothing in thiR subsection shall however, be taken to mean that a person may not be lowered agaim;t a cage or trip where material is required to be placed on the op osite cage or trip for the purpose of acting as a back balance: Provided that such material\used for the purpose of a back balance is securely fixed in such a manner that it cannot move on such cage or trip.

(3) He shall report to the u1aster mechanic or outside fore man any defect he may notice\ in the stop-blocks or other ap pliances. WASH-PIOUS],;. 127. No person shall at anyJime take explosives, detonators, Wuh-hfm•e igniters or any explosive subs nee of any kind into any wash- house.

(2) Every person shall ieave his clothes where directed by the manager or some pefson appointed by him. SHAFjr SINKING. 128. The banks man shall i all cases steady the tub, or any- Sh~rt sinkng thing about to be lowered b fore it leav~s the top of the shaft and shall see that all bricks nd other small materials arc kept below the level of the top of the tub; he shall sec that nothing is sticking to the bottom of he tub, and that all tools, gear or timber are properly placed nd secured, and in no case shall he permit any material to b filled into a tub hanging over an uncovered shaft.

(2) The banksman shall, t every case sec that the tub is lifted by the engine off the nding wagon or other cover and that it is steadied over and nto the shaft.

(3) When a landing wagt1 is used, the banksman shall secure same by a catch whe "off" and "on"; when landing he shall not signal to lower e tub on to the wagon until the latter is in position over th shaft and properly secured, and when work is ceased the Ian ing wagon shall be left so that it will not impede the ventilati n nor leave the shaft unfenced.

(4) The banksman shall nojt leave the top of the shaft while men arc ascending or desee~ding same.

(5) The shift boss shall be under the control of the manager or overman and he shall hav full charge of the sinking opera tions; he shall at least once n every shift or more frequently if necessary inspect the shaft and remove any loose stones and if anything is found to be u safe he shall stop sinking until everything is made secure, e shall immediately after such inspection make and sign a t ue report of the condition of the shaft in a book provided for hat purpose.

(6) The shift boss shall sec hat the tub at the bottom of the shaft is so filled that the cont 1ts, if consisting of brick or other small materials, shall be belo the level of the top of the tub; he shall see that stones arc ropcrly packed therein and that nothing is sticking to the bot m thereof; he shall also see that all tools, gear and timber are properly placed and secured anrl that the tubs arc in a line wi h the rope and properly steadied before being sent away.

(7) Evm·y shot shall be fi1td under the supervision of the shift boss only and he shall ec that the same is fired by an electric battery from the surf ce and that such battery is not coupled to the cables until cv ry person is out of the shaft.

(8) After every cessation work, whether caused by the withdrawal of the workmen f r shot-firing or other purposes, the shift boss, accompanied a least by one other person shall descend and inspect the shaft nd he shall satisfy himself that the same is safe before allowi g ariy other person to descend; after firing any shot, when infl mmable gas is likely to be pres ent such inspection shall be ado with a locked safety lamp and after an intermission of ur hours in working, the shaft shall not be entered until a s ety lamp has been lowered and it has been found that no gas s present.

(9) The shift boss shall de1en(l in the first tub and shall ascend in the last tub in each hift.

(10) When walling or bricki 1g is being done, the shift boss Rhall see that the shaft under he bricking scaffold is properly

35 ventilated, that the scaffold is not over-weighted with 1 and that the brickwork is df' the strength specified by t ager.

(11) Explosives shall n1 be taken into or kept in until immediately before t ey are required to be used.

(12) When directed by he manager or overman, 1 but a locked Rafety lamp s all be used in the shaft.

(13) When ascending or ldeRcending by a tub, ever~ shall keep within same anr no person shall a,;cend or on a loaded tub. ORDERS NfJ'I' PROVIDED I•'OH. 129. The owner, agent ~r manager or a person a1 by him may give any ordetls or. instructions not expreE vided for by this Act: Provided that such order~ or instructions do not in 1 conflict with the provisions pf this Act. 130.

The owner, agent or manager shall cause a cop~ Act with the name of them ne and the name and addre: Chief Inspector and of the istrict Inspector, and the the owner or agent, and of t e manager appended there1 posted up in some eonspicu us place at or near the min• the same may be conveni ntly read or seen by any employed; and so often as e same becomes defaced, ( ted or destroyed shall caus ' them to be renewed or 1 with all reasonable despatch!

(2) Said copy of this Act shall be kept separate fr regulations which refer to an contract made between th( agent or manager and any perRon or persons employe about a mine.

(3) If an owner, agent ortnanager has taken all ref means in his power to comp with this section, he ,;hal guilty of an offence against arne. NOTICES: ijOW TO m; SEN'!'. 131. All notices and doc ments required by this A be in writing, print or litho aph.

(2) All notices and docume ts required by this Act to b m· sent to the Minister or Chi f Inspector may be either d personally or sent addressed him to the Department o Works at the seat of gover ment by prepaid registere< and all notices and documen required by this Act to bl or sent to the District Insp ctor may be either delive1 sonally or sent by prepaid registered letter addressee last known place of abode. ·

(3) All notices and docum~nts required by this Act to by the Minister or an inspect r, may be either served pe upon the parties affected the ·eby or sent by prepaid re letter to their last known pla e of abode.

(4) Said notices if servedir sent by post shall be to have been served and eived respectively at tl when the letter containing t e same would be deliverec ordinary course of post; and n proving such service or f it shall be sufficient to prove t at the letter containing th was properly addressed, regi ered and put into the po

36 PE!'<ALTIES. 132. Every owner, agen~ manager, overman or examinero~r, agent who violates any of the pro ions of this Act shall on

summary~ft .:~r. conviction be liable to a p nalty not exceeding one hundred lire boss dollars and costs.

(2) Every other person wlo violates any of the provisions of f:a n~;i~;r this Act shall on

summary c nviction be liable to a penalty not age t, :t . ma ger, Pl exceedmg fifty dollars and c sts. bos boor fire . BB 133. When any· person is ound guilty of an offence against Pe lty for this Act which might reason bly have been expected to cause a~~ !ion serious. accident or to resul in personal injury, the tribunal . adjudicating thereon shall b entitled to impose imprisonment with hard labour for a peri d not exceeding three months in addition to any other penal imposed if it is shown that the offence was committed eithe wilfully or so negligently as to amount to a wilful violation f this Act.

PROSEC~TIONS. 13!. All penalties imposed I by this Act shall, when collected ApPlication form part of the general rcve~ue fund of the province. 135. The provisions of part~XV of

chapter 146 of the Statutes Sumfnary tria of Canada (The Criminal Co

e) in reference to

summary con- victions shall be applicable to all prosecutions under this Act. 136. The penalties impose~ for a breach of any of the pro visions of this Act shall be i addition to any penalty imposed by any other law, Statute o Ordinance for the same offence or matter. 137. No prosecution shall ke instituted against any owner, Pro·t~util'n•, • f • 1 t' • t how mstat.uted agent, manager, overman or exammer or a v10 a Ion agamR this Act, except- 1. By the Chief Inspector; tor 2. With the consent in writ ng of the Minister; or 3. By some person appoint d by the Minister. 138 . .

In any prosecution {' other proceedings against an Defetc• owner, agent, manager, over 1an or examiner for an offence• against this Act, such alleg d offender shall be discharged if he pt·oves to the satisfactio of the tribunal before which the same is tried that he took all- reasonable means to prevent the commission of such offence. 139. Any complaint or suitfmdc or brought in pursuance of Limitrtion this Act shall be made or bro ght within six months fmm the time when the matter of sue complaint or suit came to the knowledge of the prosecutor or complainant. INFORMA'riONj FOR MINISTJ<JH. 140.

The owner, agent or n~nager of every mine shall at any Infot*'!tion time when required by the inister, send to him such infor- requ•'J"l mation and facts relating to hi mine as asked. 141. The Minister may pub~'sh the aggregate results of any returns made to him and so much of any individual returns as doe;; not relate to the qua tity or value of mineml gotten,

37 but the portion of any in~vitlual retums relating to the quan; tity or valur) of mineral g tten shall not be published without the consent of the owner of the mine to which it relate:-;. PREl<'J$IU~NCE OF ACT. 142. When any Act orJaw heretofore or hereafter in force ~his ~ct to conflicts with any of the wovisions of this Act, then, and in reva•I every :-mch case this Act s all prevail. HEGULAfONS AND FORMS. 1!;3.

The Lieutenant Go ernor in Council may frmn time to ~~i~ti:~~ time prescribe. such formH • ncl make SUCh additional regulations aw made or provi~ium; as he may deem necessary in the interesttl of safety. 144. All laws and all thereunder repugnant to of thi.s Act arc hereby rep ulcs or•lers and re<ruhtiom; matle .Jlepeal of ' \. b ' fnner Acts r inconsistent with the provisions ·led.

(2) Nothing in this rep al, however, shall affect any certi ficate of competency issu d by the Commissioner of Public Works for the North-Wes Territories or by the Minister or l'rovincial Inspector previ us to the corning into force of this Act, but every such certi ate shall have effect as if made or granted under this. Act, an the I:egister of holders of certificates, and other registers which the commencement of this Act arc kept in put·suance of the cts hereby repealed shall be deemed to be registers or parts of registers kept in pursuance of this Act. lUi.

Nothing in this Actf.:hall be constmed to mean that any work dono or performed a cording to any law in force at the time of the corning into fm •e of this .Act shall by rea..'lon of the passing of this Act be requ red to be done over again. COMME!'ICEMgNT OF AC'l'. 146. This Act shall, cxpcpt as otherwise provided, come~me ~ct into operation on the first c~ay of August, nineteen hundred and rp;::• •nto thirteen. ~CHj•~DULE "A." FOHM OF NOTICN Ol' EXPLilON OH ACCIDENT TO BE SENT TO MlNISTEit OF PU IC WORKS AND DISTRICT INSPE TOR OF MINES. Name and postal address of owner .......................... .

Name of mine. . . . . . . . . . . . . . . . . . . ...................... . Date .................................................... . To the Minister of Public Works, Edmonton, Alberta, or to the District Inspector (if t the District Inspector, insert the la.~t lcnown place of abode of s h Inspector). In pursuance of The Min s Act, I beg to give you notice that an explosion or accident ( s the case may be) has occurred at this mine, of which the fol owing are the particulars: Name of person(

s) killed... . . . . . . . . . . . . . . . . . . . . . . ....... .

Name of pcrson(

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

Causes with full description of accident .................... . • • • • • • • • • • • • • • • •,•. ' •••••••••••••••••••• 0 •••••• 0 0 ••• I am, Sir, Your pbedient servant, ......... 1 ........ Owner, Agent or Ma·nager. Other remarks . . . ................ .' ...................... .

No. :21 FOJTRTH SESSlON SECOND J.JEGISJJATlTR.E ~ GEOHG:F~ V l~lil

An Act re~rccting "MiiH'S. Rceeived ant l n~ac l the Fir~t. tinH· ................... . ~ I . :--;c ·eon ( ti 11H' . . . . . . . . . . . . . . . . . . Third titn<·. . . . . . . . . . ........ . ED~IO~TON: .J. \V JEFFERY, Governn1Pnt Printer A.D. Hl13 Title: 1913 (2nd, 4th) Bill 21,

An Act respecting Mines

Document details

Collection	Alberta — Bills
Citation	L2 S4 10624
Type	bill
Volume / chapter	L2 S4 10624
Language	en
Format	json
Source	PROVINCIAL
Identifier	a7ff1f766e4177a79fb063e1629e938788045cf1

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