Bill 11 (Legislature 1, Session 3)

L1 S3 10331

Alberta — Bills

~ C::'"C--J !Z· ~!fP B I L L Emplovment. ( Au~r-:n tecl to tfl):S MAJESTY, by 8l1d with the -:~l_dvice a11d consent. or the Legislative As8e:mbly of the Province of fllbPrt'l. (",.v-1 r_-' C'J !·J ~; q. _P, f'O ] l () V'' n • . } ' - .h • -· .. ''::>. ~~H()8T TITLF; O;~_t ion Act 1~308. APPLICATION OF ACT AHD DEFUJTrrTm~B. .

ThiB Act shall arply only to employment; by tlu~ undertclk.,!n:3 ::u:; hereinafter dcfinc:r1, on or in or abuut 01'1~in or about ~u1y bui1din(; which exc·-;erJu forty 1'cc 1:; in me·Jl1S o.f .·1_ sc::~ffohlincr,, or beiP~ demolish~;d, or on vrhich ·r(l\L~l i~3 oeinlo: UW:d for the Tlli.l'DOSlj Of' t1w cunstrnr;t.iOYl, ... .. J. ·" . " l' t. t• -" ren•-nr, l)f ('L,~Jilu 1 ·1on ~nen:;oJ..

"F0.et.orv" meann a buildine;, works! lop, or place wh(.:: re goo do aro manuf act'll'tjd, and incl udcs mills where rMU1Uf;~lCliln·es of wood, flour, mo::tl, -pulr. or o t:·wr subs li3.nnes ::tf.-;; beinrr, carried on, ~-tl~-'JO smelten5 where metr:tln ,:.,u·e sort::;d, l:iK- trJ.cl:ied or operJ.tcd on;, evr:;ry laundry ':vv:cked

by steam, water or other mechanical power, ro1d also includes any dock, wharf, quay, warehouse, ship building yard, where goods or materials are being stored, handled, transported or rnanuf acture d. ) "Mine" means any kind of a mine, and includes every shaft in the course of be:ing sunk, and every level and inclined plane :in the course of be ing driven for commencing or opening any m:ine or for searching for or proving minerals, and all the shafts, levels, pl.:mes, works, machin ery, tramways, railways and sidings, both below ground and above ground, in and adjacent to a mine, an'd any shch shaft, level and inclined plane of and belonging to the mine; "Engineering work" means any work of construc·tion or alteration or repair of a railroad, haroour, dock, Ca:t1:=tl or sewer, and includes any other work for the construction, alteration or repair of which machinery, driven by steam, water or other mechanical power :• is used: "Quarrytt· means an open cut from which rock is cut or taken for building purposes; ttUndertaker," :in the case of a railway, means the railway company;: in the case of a factory, quarry, laundry, srnel ter or warehouse means the occu~ier or ope~ator thereof; in the case of a mine means the owner thereof, and in the case of an engineering work, or other work specified within this Act, means the person undertaking the construction, alteration, repair or demolition; "Employer" includes any body of persons corporate or

(3) unincorporate and the legal personai represen tative of a deceased employer'· and, where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a con tract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that oth~r person;, "Workm.:mtt includes every person v:rho is engaged in. an employment to which this Act applies whether by way of manual la'bir or otherwise, but does not include any person employed otherwise than by way of manual labour whose remuneration exceeds twelve hundred dollars a year, or a person whose en~loyment is of a casual nature and who is emrlloyed otherwise than for the purposes of the employer's trade or business, or an out worker, but, save as aforesaid, means any such person who has entered into or works under a contract of .servic~ or _Qpprentic@hip_ w'"i th ah emp"loyerA' whether by way of manual ·~ labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing: Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit compensation is payablej: ttDependantstt means such of the members of the work man's family as were wholly or in part dependent

(4) upon the earnings of the workman at the time of his death, or- would but for the incapacity due to the accident have been so dependent:' and where the workman, being the parent or grand- parent of an illegitimate child, leaves such a child so dependent upon his earnings, or, being an illegi tirnate child, leaves a parent or grand parent so dependent upon his earnings, shall include such an illegitimate child and parent or grandparent respectively; n:rvrember of a family" means wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grro1dson, grru1d daughter, step-son, step-~~ughter, brother, sister, half-brother, half-si;::;terj noutworker~~" means a person to whom arttcles- ur materials are given out to be made up, cleaned, washed, altered, on1amented, finished, or repaired, or adapted for sale, in his own home or on other premises not· tmder the control or management of the person who gave out the materials or articles: rhe exercise and performance of the powers and duties of a local or municipal authority or corporation shall, for the purposes of this Act, be treated as the trade or business of the authority or corporation.

LIABILITY OF EMPLOYERS TD WORKMEN FOR INJURIES :3. J;IK If in any employment to which this Act applies Liability of employers to workmen for in- personal injury by accident arising out of and in the juries. course of the employment is caused to a workman, his employer shall, subject as here~atter mentioned, be liable to pay compensation in ad.cordance with the ' ' First

Schedule to this Act.

(5) (2) Provided that __, (§.) The employer shall not be liable under this Act in respect of any injury which does not disable the workman for a period of at least one we<3k .from~ -earning full wages at the work at which he was employecl; ('

Q) When the injury was caused by the personal negligence or wilful,act of the employer or of some person for whose ac-t or ·default the employer is responsiblec nothing in this Act shall affect any civil liability of the employer, but in that case the work man may, at his option, either claim com pensation mder this .Act or tBke proceedings independently of this Act; but the employer shall not be liable to pay compensation for injury to a workman by accident a.Tising out of 8Dd in the course of the employment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid;: (g )If it is proved that the injury to a workman is attributable to the serious and wilful miS::Conduc·t of that workman, any compensa tion claimed in respect of that in~ury shall, unless the injury results in death, he disallowed.

(3) If any question arises in any proceedings under this Act as to the liability to pay compensation under this Act, including any question as to whether the employ ment is one to which this Act applies, or as to whether the person injured is a workman to whom this Act apr lies,

(6) or as to the 3lllOunt or duration of compensation mder this Act, the question, if not settled by agreement, shall, subject to the provisions of the Jirst %chedule to this Act, be settled by arbitration, in accordance with the ;Second !fchedule to this Act.

(4) If, within the time herei~after in this Act limited for taking proceedings, an action is brougfut to recover damages independently of this Act for in:!urY caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of/this Act, the action shall be dismissed; but the court in which the action is tried shall, if the plaintiff .so choose, proceed to assess such compensation, but may deduct· from such compensation all or part of the costs which, in its judgment, have been caused by the :plajntiff" bringing the action :i.nstead of proceeding under tllis Act.

In any proceeding under this sul~ection when the court assesses the compens.3tion it shall give a certificate of the compensation it has awarded and the directions it has given as to tpe deduction for costs, and such certificate shall haV:e ~he force and effect of an award vnder this Act •. TIME FOR TAKING PROCKEmiNGS.

Time for taking 4. ·(%)·Proceedings for the recovery under this Act of proceedb1gs. · compensation for an injury shall not be maintainable un- less notice in writing of the accident has been given as soon as practicable after the happening thereof, and be fore the workman has voluntarily left the employment in whioh he was injured, and mless the claim for compensa tion with respect to such accident has been made within six months from the occurrence of the accident causing

(7) the injury, or, in case of death, within six months f:Irom the time of death: Provided always that - (

a) dhe war1t of or· any defect or inaccuracy in such not ice shall not be a bar to the maintenance of such l'JroceedinJTf-l if j_t; is ... '-' found in the proceedings for settling the claim that the employer is not, or would not, if a notice or an amended notice were then given and the hearj11g postponed, be prejudiced in his defence by the want, defect or :inacc.mracy, or that such w::mt, defect or inaccuracy was occasioned by mist ale, absence frorn the province·' or other reasonable cause; and (~),the failvre to rru:lke a claim within the period above sneoified shall not be a bar to the ... maintenance of such proceedings if it is found that the failure was occasioned by mista:ke, absence from tbe r)rovince, or other reasonable CCJUse.

(2) Notice in respect of an injury mder tbis Act shaLl give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which the accident happened, and shaJl be served on the employer, or, if there is more thalt1 one employer, upon one of such emllloyers.

(3) The notice may be served by delivering the s<:une at, or sending it by post in a registered letter ad dressed to\ the residence or place of business of the person on whow it is to be served.

(4) Where the employer is a body of persons, cor- e;;;/!. porate or ~incorporate, the notice may also be served \ by delivering the sarne at, or by sending it by post in a registered letter addressed to, the employer at the

Contracting out (8) office, or, if there be more than one office, any one of the offices of such body.

CONTRACTDTG OUT. - - ..... 1~. f::r;} If the .Atton)ey General, after taking steps ··- to aseertain the views of the employer and workmen, certifies that any scheme of compensation, benefit, or insurance for the workmen of an employer in any employ ment, whether or not such scheme includes other employers and their workmen, provides scales of cOIIliJensation not less favourable to the workmen and their dependants than the corresponding scales contained in this Act, and that, where the scheme provides for contributions by the work men, the scheme confers benefits at least equivalent to those contributions, in addition.to the benefits to which the worl<men wo1J1d have been entitled under this .Act, and that a majority (to be ascertained by ballot) of the workmen to whom the scheme is applicable are in favour of such soheme, the employer may, whilst the certificate is in force, contract vii th any of his workmen that the pro vision:s of the scheme shall be substituted for the pro visions of this Act, and thereupon the employer shall be liable only in accoTdance with the scheme, but, save as aforesaid, this .Act shall apply notwithst,cmdine.; any con tract to the contrary made after the comrnt:mcement of tbis I .Act. (2)' The Attorney General may ·give a certificate to .expiTe at the end of a 1 imi ted period of not les~i than five years, and may from time to time renew with or without modifioations such a certificate to expire at the end of the period for which it is renewed. (Zt) No scheme shall be so certified which contains an obligation upon the workmen to join the scheme as a con dition of their hiring, or which does not contain pro visions enabling a workman to wi thdl'aw from the scheme.

(9) (4) If complaint is made to the Attomey General by or on behalf of the workmen of any employer that the . . benefits conferred by any scheme no longer conform to the conditions stated in subsection ( 1) of this section, or that the provisions of such scheme <:U'e being viuhltecl, or that the scheme is not being fairly administered., or that satisfactory reasons exist for revolting the certificate, the Atton1ey General shall examine into the complaint, and, if satisfied that good cause exists for SlJOh complaint, shall:, unless the cause of complaint is removed, revoke the certificate. 1[5) When a cer·tificate is revoked or expires; any moneyB or securities held for the purpose of the scheme shal. 1, after due provision has been made to discharge the liabili ties already accrued, be distributed as may be arranged be tween the employer and workmen, or as may be detcrmhtl=;d by the Attorney General in the event of a difi·erence of opinion. ( 6) Whenever a scheme has been certified as aforesaid .. it shall be the duty of the employer to answer all such inquiries and to fum ish all such accounts in regard to the scheme aB may be made or required by the Attorney General. ( ?) The Attorney General may make ree,ulations for the rmrpose of carryine; this

section into effect. StJB.,COHTRACT _l:NG. Su~contracting 6. ~.Where a~ny person (in this

section referred to a:s the principal) in the course of or for the purposes of his trade or business, contracts with any other person (in this

section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work mdertaken by the principal which is in the way of the principal's trade or business, the principal shall be liable to pay to any workman employed in the execution of the work any compensation tm.der· this Act which he would have been liable to pay if

(10) that workman had been immediately employed by him; and where compensation is claimed from or proceedings are tc.1.ken against the principal, then, in the application of this Act, references to the principal shall be substituted fo:r references to the c.mr!loyer, excey)t that the 8lil01mt of compensation shall be calculated with reference to the earnings of the workman under the employer by whom he is immediately employed~

(2) Where the principal is liable to pay compensa tion under this section: he shall be entitled to be indemnified by f§J.y r)erson who would h;:tve bElen liable to pay compensation to the workn1an independently of this section, and all questions as to the right to and am01mt of any such indenmi ty shall in default of agree ment be settled by arbitration under this Act.

(3) Nothing in this

section shall be constnJecl as pr·eventing a workman recovering compensci.tion under this Act from the \contractor instead of the principal.

(4) This

section shall not ar>ply in an.Y case where the accident occurred elsewhere than on, or in, or about premises on which the principal has 1mderta.ken to execute the work or which are otherw~se mde1· his control or m<.magement. PROVISION .AS TO CASES OF INSOLVEN_9Y QF' ~MPID_YFJR.

Provision.as to 1. ~Where any employer has entered into a contract cases of 1nsol- 'tl · · t f 1' b'l't ...:~. th' vency o:l:' emr•loy-w1 1 any 1nsurers m respec ,,Q any, 1a 1 1 y unu.er 1s er Act to any worlmn8Il, then, in the event of the employer making an assignment for the benefit of or a compos:i tion or arrangement with his creditors, or if the employer is a company in the event of the company h,aying commenced to be wound up, the rights of the employer against the ins~rers as respects that liability shall' be transferred to and vest in the ·workman, and upon any such transfer the. insurer& shall have the same

(11) rights aJ1d remedies and be subj eat to the same liabili ties as if they were the emrJloyer, so however that the in~mrers shall not be umder any greater liability to the workman than they would have been under to the employer.

(2) If the liability of the insurers to the workmen 1s less than the liability of the em1)loyer to the workman the workman may prove for the balance in the assignment or liquidation proceedings.,

(3) There shall be included among the debts which under·

section ffi of<:.:ihe Assif1lments Agt, and

section 10 of The Companies Winding~ Up Ordinance_) are in the distri bution of the I1roperty in the case of an assignment, and in the distribution of the assets of a company being wound upJ under the said Acts reslJectively, to be_ paid in prior ity to all other debts, the amo1mt, not exceeding in :my in eli vidual case five h1mdred dollars, due in respect of any compensation the liability wherefor accrued before the date of the assi8Jlment or the date of the commencement of the windinp; up, and the said Acts shall have effect accordingly.

WherE;) the compensation is a weekly payment, the a1nount due in respect thereof shall, for the ·purposes of this provision, be taken to be the cmount of the lump sum for which the weekly payment could; if redeemable, be redeemed if the emnlover made an anolication for that .1. II J.. .J. purpose under the first ~chedule to this Act. ( 4) The provisions of this

section with respect to preferences and r)riori ties shall not apply where the asf:lignor or the company beine; wound ur1 has entered into suoh a contract with insurers as aforesaid.

(5) This

section shall not apply wl}ere a company 1s wou~d up vollmtarily merely for the purposes of recon struction or of amalgaJnation with another company.

Remedies both against employer and strell,rser. ,,. (12) 'REMEDIES BOTH AGAINST EMPLOYER AND STRANGER. 8. Where the injury for which compensation is payable u1der this Act was caused under circumstances creating a leeal liability in some person other than the employer to pay damages in respect thereof~ l.

The workman may take proceedings both against that person to recover damages and against any person ' liable to pay compensation under this Act fo:J; such compensation, but shall not be entitled to recover both damages and compensation; and 2.; r:tr the workman has recovered comrensation tmder this Act, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity tmder the

section of this .Act relating to suQ;contracting, sh~ll be ..__ entitled to be indenmified by the person so lin.ble to pay damages as aforesaid, and all questions as to the right to and amomt of any such indemnity shall, in default of agree ment, be settled by action, or, by consent of the parties, by arbitration under this Act •. PROVISIONS AS TO EXISTING CONTRACTS_ Provisions as to ~9.

Any contract existing at the commencelriE;~nt of existin~ contracts.• ,_ this .Act, whereby a workman relinquishes any right to Conunenc ement compensation from the employer for personal injury arising out o:~ and in the course of his employment, shall not, for the purposes of this Act, be deemed to contilnue after the time at which the workman's contract of service would determine if notice of ,the determination thereof were given at the commencement of this Act. 10. day of COMMENCEMENT.

This__}..ct :shall come into operation ,on the nineteen hundred:and ' but shall not a.J:lply in any case where the accident· happened before the commencement of this Act.

Scale and conditions of comnensation ... SCHEDULES. Uilless the context otherwise requires·;-- (§.) jhe words "Court"· or "District Couxt" when·. used in these Schedules shall mean the District I Court of the district in which all the parties concerned reside, or,if they reside in differ ent districts,then of the district in which the accident, ... out of which the matter arose,~ occurred, or any judge of such District Court; (~) "Rules of Court" shall mean rules of court made and promulgated as provided for in s-~e District Courts Act. FIRST

SCHEDULE SCALE AliD CONDITIONS OF COMPENSATION. -

(1) The amount of compensation under this Act shall bel (§.) htmere death results from the injury - (

i) Jf the workman leaves any dependants /wholly dependent upon his earnings, a sum equal to his earnings in the employment of the same employer during . .the three years next pre ceding the injury, or the sum of one thousand dollars, whichever of those sums is the larger, but not exceeding in any case fifteen hundred dollars, provided that the ''13mount of any weekly payments made wder this Act, and any lump sum paid in redemption thereof, shall be deducted from such sum, and, if the period of the workman's employment by the said employer has been less than the said three years,

then the amount of his earnings during the said three ye::1rs shall be deemed to be one hundred and fifty-six times his average weekly earnine;s during the period of his actual emy1loyment under the said employe~j (ii)J,f the workman does not leave a:n.~r such depend;:tni~H, but leaves 3J.1Y dependants in part dependent upon his earnine;s, such sum, not exceedine in any case the amooot payable 1.mder the foregoing provisions, as may be aGreed UlJOn, or, in default of agreement, may be determined, on arbitration illlder this Act, to be reasonable and proportionate to the injury to the said dependants; and (iii) lf he leaves no dependants, the reasonable expenses of his medical attendance and burial, not exceeding one hundred d.ollars; (

Q) f~here total or partial incapacity for work results from the injui'y; a weekly payment during the :i.ncapaci ty not exceed ing fifty per cent. of his average weekly earnine;s during the previous twelve months, if he has been so long employee~ but if not then for any less period during which he has been in the employment of the same employer, such weekly payment not to exceed ten dollars: Provided that -- ( ~) jf the incapacity lasts less than t'WO weeks no compensation shall be payable in respect of the first week; and ("

Q) f!;.s respects the weekly payments during total incapacity of a workman who is illlder twenty-one years of age at the clBt8 of the injury, and whose average weekly ean1ings are lesG than ten dollars, one h1mdrecl per cent. shall be substitut~d :for fifty per cent. of his averaGe weekly earnings, but the weekly payment shall in no case exceed five dollars.

(2) For the purposes of the provisions of this

schedule relating to "ean1ings" and "average weekly ea.rnine;s" of a workman, the following rules shall be observed:-. <~~)Average wel~kly en.1rdngs shall be computed in such mromer as is best cal.cula:ted to give the rate per week at which the workman was being rennmeratf)cl, Provided that where by reason of the shortness of the time during which the workman has been in the employment of his employer, or the casual nature of the employmoot, or the terms of the employment, it is impraeticable at the date of the accident to compute the rate of remuneration, ree;a.rd may be had to the average weekly amo1mt which, during the twelve months previous to the accident, was being e:1med by a person in the same grade employed at the same work by the same ew1Jloyer, or, if there is no person so employed, by a perscn in the same grade employed in the same class of em1)loyment and in the sqme distriotj (~) Dfyhere the workman had entAred into concurrent con trac·ts of service with two or more ewployeTs UJ1t.ler which he worked at one time for one such emlJloyer and at another time for another such employer, his average, weekly earnings shall be oomputecl as if his ean1ings under all such contracts were earn ines in the· employment of the employer ±'or whom he was working at the time of the accident;: (Q) &mployrnent by the se.~ne em:_Jloy~ar shall be taken to mean emplo)mtent. by the same errlployer in the grade in which the workman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other tmavoidable oausej (

d) Wnere the employer has been accustomed to pay to the

workman a sum to cover any special expenses entailed on him by the nature of his employment, the mm1 so paid shall not be reckoned as part of the earnings.

(3) In fixing the amount of the weekly payment. re gard shall be had to any payment, allowance or benefit which the workman may receive from the employer during the period of his incapacity, and in the case ol' partial incapacity the. weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the average weekly arnount which he is ea111ing or is able to ea111 in some sui table employment or business after the accident, but shall bear such relation to the amount of that difference as under the circumstances of the case may appear proper~

(4) Where a workman has given notice of an accident he shall, if so requireJ by the employer, submit hi1rJself for examination by a duly qualified medical practitioner provided and paid by the employer, and, if he refuses to suhmi t himself to such examination, or in any way ob stru.ots the same, his rie;ht to compensation, and to take or nroseout·e an1r nroceedin.a under this Act in relation to ,L .. _J._ U compensation, shall be suspended until such examination haG tr:tken place.

(5) The payment in the case of death shall, unl<:!JSfl otherwise ordered as hereinafter provided, be paid into ,.iourt' and any sum so paid into rourt shall' subject to rules of court and the provisions of this scheclule, be invested, Cl.Pl'lied, or otherwise dealt with by the ,iourt in such manner as the ¢ourt in its discretion thinks fit for the benefit of the persons entitled thereto under this Act, and the receipt of the llerk of the ~urt shall be a sufficient discharge in respect of the amount p,~id in: Provided that, if so agreed, the payment in case of

death' shall, if the workman leaves no d~endants, be made to his leP.:al nersonal renresentati ve, or, if he has no ~ . ~ \ suoh representative, to 'the person to whom the expenses of medical attendance and burial are due. ( 6) Rules of court may provide for the transfer- of money paid into court under this .Act from one court to c;mother court in the jrovince. ( 7) Where a weekly payment is payable under this .Act to a person mder any legal disability the court may, on application being made in accordance with rules of court, order that the weekly payment be paid during the d.:i.sabili ty into court, and the provisions of this

schedule with respect to sums required by this

schedule to be paid into court shall apply to sums paid into ' court in pursuance of any such order.

(8) My question as to who is a dependant shall, in de:faul t of agreement, be settled by arbitration under this Act, or, if not ao set-tled before payment into court under tl1is schedule, shall be settled by the court, and the amount payable to each dependant shall be settled by arbitration under this Act, or, if not so settled before payment into court under this schedule, by the court. Where there are both total and partial dependants nothing in this

schedule shall be construed as preventing the compensation being allotted partly to the total and pa.rtly to the partial dependants. '·

(9) Where, on application being made in accordance with rules of court, it appears to the court that, on aecmmt of neglect of children on the part of a widow, or on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, an order of the court or an award as to the apportion.'Tient runongst the several dependants of any sum paid as compensation, or as to the manner :in which any sum

payable to any such dependEnt is to be invested, applied, or otherwise dealt with, ought to be varied, the court may make such order for the variation of the former order or the award, as in the circumstances of the case the court may think just. ( 10) .Any stlln which under this schechlle is ordered to be invested may be invested in whole or in

part in securi ties or investments approved by the ¢ourt: by the clerk of the court in his na~e as clerk.

(11) July workman receiving weekly payments llllder this Act shall, if so required by the employer, from time to time submit himself for examination by a duly qualified medical practitioner, provided and paid by the employer. If the workman refuses to submit himself to such examination, or in any way obstructs the same, his right to such weekly payments shall be suspended lllltil such examination has taken place. ( 12) A worklaan shall not be required .to submit himself for examination by a medical practitioner under paragraph (4) or paragraph\ll)of this

schedule .otherwise than in accordMce with regulations made by the Attorney General or at more frequent intervals than may be prescribed by those regulations.

Where a workman has so submitted himself for examina tion by a medical practitioner, or has been examined by a medical practitioner selected by himself, and the employer or the workman, as the case may be, has within six days after such examination furnished the other with a copy of the report of that practitioner as to the workman's condition, then, in the event of no agreement being come to between the employer and the workman as to the worlcrnan' s condition or fitness for employment, the court, on appli cation may, on payment by the applicants of such fee not exceeding ten dollars as may be prescribed, refer the matter to a medical referee appointed by the Lieutenant

Governor in C01.mcil, The medical referee to whom the matter is so referred shall, in accordance with regulations made by the Attorney General, give a certificate as to the condition of the work.n1an and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and thaii certificate shall be conclusive evidence as to the matters so certified.

Where no agreement can be come to between the employer and the workman as to whether or to what extent the incapacity of the workman is due to the accident, the proYisions of t~is paragraph shall, subject to any regulations made by the Attorney General, apply as if the qp.e:::~tion were a question as to the condition of the workman.

If a workman, on being required so to do, refuses to submit himself for examination by a medical referee to whom. the matter has been so referred as aforesaid, or in any way obstructs the same, his right to compensation and to take or prosecute any proceeding under this Act in relation to compensation, or, in the case of a worJrJnan in receipt of a weekly payment, his right to that weekly payment, shall be suspended until such examination has taken place.

Rules of court may be made for prescribing the manner in which documents are to be furnished or served and applications made under this paragra 1"Jh and the forms to be used for those purposes and as to the fee to be paid. under this paragraph.

(13) Jm.y weekly payment may be reviewed at the re ques.t either of the employer or of the workman, and on such review may be ended, diminished, or increased, sub j eot to the maxinrun1 above provided, and the amount of payment shall, in default of agreement, be settled by

arbitration lll1der this Act: Provided that where the workman was at the date of the accident under tw·enty-one years of age and the re view takes place more than twelve months after the accident, the amount of the weekly payment may be increased to any amount not exceeding f'if.ty per cent. of the weekly sum which the workman would probably have been earning at the date of the review if he had re mained lll1injured, but not in any case exceeding ten dollars.

(14) Where any weekly payment has been continued for not less than six months, the liability therefor may, on appl:ication by or on behalf of the employer, be redeemed by the payment of a lump SUlll of such an amount as the court shall deem just , and such lump sum may be ordered .. by the court to be invested or otherwise applied for the bene:Ei t of the person entitled thereto :ljProvided that noth:ing in this paragraph shall be construed as preventing agreements being made for the redemption of a weekly payment by a lump sum.

(15) If a workman receiving a weekly payment ceases to reside in the province, ·he shall thereupon cease to be entitled to receive any weekly payment unless a medical refe:ree appointed hereunder certifies that the incapacity resulting from the injury is likely to be of a permmcnt nature. If the medical referee so certifies, the workman '"• .shall be entitled to receive quarterly the amolll1t of the weekly payments accruing due during the preceding quarter so long as he proves, in such manner and at such intervals as may be prescribed by rules of court, his identity and the oontinuance of the incapacity in respect of which the weekly payment is P.ayable. ,

( 16) A weekly payment, or a sum paid by way of redem ption thereof, shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against the same. ( 17) Where under this

schedule a right to compensa tion is suspended no compensation shall be payable in respect of the period of suspension.

SECOND SCBEJ)ULE, Arbitration ,fiJi;.

(1) For the purpose of settling any matter which 1.mder this .Act is to be settled by arbitration, if any comrni ttee, representative of an employer and his workn1en, exists with pewe:r to settle matters wder this Act in the case of the employer and workmen, the ma~ter''shall, tmless either party objects by notice :in writing sent to the other party before the c01mni ttee meet to consider the matter, be settled by the arbitration of such committee, or be ref e:rrecl by them in their discretion to arbitration as here:in~after provided.

(2) If either party so objects, or there is no such comm:ittee, or the committee so refers the matter or fails to settle the matter within three months from the date of the c~aim, the matter shall be settled by a single arbitrator agreed on by the parties, or in the absence of agrcerr.ent by the court, according to the procedure pre scribed by rules of court.

(3) The Arbitra'tiori Ordinance~~all not apply to any arbitration under this Act; but a committee or an arbi tra tor :may, if they or he th:ink fit, submit any question of law for the decision of the court, and the decision of the court on any question of law, either on such submission, or in any case wher.e he himself settles the matter under this Act, or where he gives any decision or makes any order under this Act, shall be final, unless wi th:in the time and :in accordance with the conditions prescribed by rules of the Supreme Court either party appeals to the Supreme Court in bane; arid the court shall·, for the purpose of proceeding3 under this Act, have the same powers of procuring the attendance of witnesses and the production of docu.ments as if the proceedings were an action in the court.

( 4) The court may summon a medical referee to sit with the court as an assessor.

(5) Rules of court may make provision for the appearance in any arbitration under this .Act of any party by any other person. ( 6) The costs of and incidental to the arbitration and. proceedings connected therewith shall be in the discretion of the committee, arbitrator, or court, subject as respects mwh court to rules o±· court. The costs, whether before a committee or an arbitrator or in the court, shall not exceed the limit prescribed by rules of court, and shall be taxed in marmer prescribed by those nlles and such taxation may be reviewed by the court.

(7) In the case of the death, or refusal or inability to act, of an ar?itrator, the court may, on the application of any pa.rty, appoint a new arbitre.tor. (8, Where the amount of compensation under this Act has been ascertained, or any weekly payment varied, or any o'ther matter decided under this .Act, either by a committee or by an arbitrator or by agreement, a memorandum thereof shall be sent, in marmer prescribed by rules of court, by the conrrni ttee or arbitrator, or by any party interested, to the clerk of the court who shall, sutU.ect to such n1les, on being satisf:ied as to its genuineness, record such memorandum in a special register without fee, and thereupon the memorandum Shall for all purposes be enforceable as a judgment of the court: Provided that - (~)Ho ooch memorandum shall be recorded before seven days after the despatch by the clerk of notice to the parties interested; and (1:?) U/here a workman seeks to record a memorandum of agreement between his employer and himself for the payment of compensation under this

Act and the employer, in accordance with rules of court, objects to the recording of such memorcmdum and proves that the workman has in fact returned to work Ellld is earning the same wages as he did before the accident, then the rnemorandJJm shall only be recorded, if at all, on such terms as the court under the circumstances," may think just; and (2 kfhe court may at any time rectify the register; and (d)Jkhere it appears to the clerk of the court ,on any - ~ information ·which he considers sufficient, that an agreement as to the redemption of a weekly payment by a lump sum, or an agreement as to the amount of compensation payable to a person under any legal disability, or to dependar;tts, ought· not tb be registered by reason of the inadequacy of the sum or 8lllount, or by reason of the agreement h::J.ving been obtained by fraud or undue influence, or other improper means,. he may refuse to record the memorandum of the agreement sent to him for roe;is tration, and refer the matter to the court and the court shall, in accordance with rules of court, make such order (including an order as to any sum already paid under the agreement) as under the circumstances may seem just; and (~:)4he court may, within six months 3fter a memor~mdum of an agreement as to the redemption of a weekly payment by a lump sum, or of an agreement as to the amount of compensation payable to a person under any legal disability, or to dependants, has been recorded in the register, order that the record be removed from the register on proof to the satisfac tion of the court that the agreement was obtained by fraud or undue influence or other improper means,

and may make such order( including an order as to any sum already paid under the agreement) as under the circumstances may seem just. (9) kl agreement ~1.s to the redemption of a weekly payment by a lmnp sum if not registered in accord.-:,nce with thiB Act shall not, nor shall the payment of the sum payable under the agreement, exempt the person by whom the weekly payment is payable from liability to continue to make that weekly payment, and an agreement as to the amm:mt of compensation to be paid to a person under a legal disability or to depend3!lts, if not so registered, shall not l' nor shall the payment of the sum payable under the agreement , exempt the person by whom the compensation is payable from liability to pay compensation, unless, in either case, he proves that the failure to register was not clJJ.e to any neglect or default on his part.

(10) The duty of District' Courts under this Act shall, subject to rules of court, be part of the duties of such courts, and the officers of such courts shall act accord ingly, and rules of court may be made both for any purpose for which this .Act authorijes rules of court to be made, and also generally for carryine; into effect this Act so far as it affects such courts, and proceedings therein.

(11) No court fee, except such as may be prescribed under paragraph (12) of the/irst )SbheclJJ.le to this Act, shall be payable by any party in respect of any proceedings by or against a workman under this Act in the court prior to the award.

(12) Jmy sum awarded as compensation shall, unless paid into court under this Act, be paid on the receipt of the person to whom it is payable under any agreement or award, and the solicitor or agent of a person claiming compensation under this Act shall not be entitled to

\ijecox::a;:;;;!tiMm:m.unn recoirer from him any costs :in respect of cmy proceedings in an arbitration under this Act, or to claim a lien in respect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation, except such sum as may be awarded by the committee, the arbitrator, or the court, on an application made either by the person claim ing c.ompensation, or by his solicitor or agent, to deteim:ine the amount of costs to be paid to the solicitor or agent, such sum to be awarded subject to taxation and to the scale of costs prescribed by rules of court.

(13) NJ.y committee, arbitrator or court may, subject to regulations made by the Attorney General, submit to a medical referee for report any matter which seems material to any question arising :in the arbitration.

(14) The .Attorney General may, by order, either un conditionally or subject to such conditions or modifica tions as he may think fit, confer on any committee repre sentative of an employer and his workmen, as re~pects any matte:r in which the committee act as arbitrators, or which is settled by agreement submitted to and approved by the committee, all or any of the powers conferred by this Act exclw:dvely on courts or judges thereof, and may by the order provide how and to whom the compensation money is to be paid in cases where, but for the order, the money v1ouid.be required to be paid into court, and the order may exclude from the operation of provisoes (

g) and (§) of paragraph (8) of this ~Chfidule agreements submitted to and approved by the conuni tteo, and may contain such incidental, consequential or supplemental provisions as may appear to the Attorney General to be necessary or prope1: for the purposes of the order .. Title: 1908 (1st, 3rd) Bill 11,

An Act with respect to Compensation to Workmen for Injuries Suffered in the Course of their Employment

Document details

Collection	Alberta — Bills
Citation	L1 S3 10331
Type	bill
Volume / chapter	L1 S3 10331
Language	en
Format	json
Source	PROVINCIAL
Identifier	afd8eef528b189265f632247d3387512a9613f05

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