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Lorsque le document est trop grand pour dtre reproduit an un seui cliche, il est film* d partir de Tangle supArieur gauche, de gauche h droite. et de haut en baa. en prenant la nombra d'Images nicassaire. Las diagrammes suivants illuatrant la mithoda. 1 2 3 1 2 3 4 5 6 1.0 I.I 1.25 i£& bi Hi til mm 13.6 Z it& 1.4 III 2.2 2.0 1.8 1.6 MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS STANDARD REFERENCE MATERIAL 1010a (ANSI and ISO TEST CHART No 2) ,ic LAWS RELATING ^< TO LABOR RECORD OF THE LIBERAL GOYERNMENT ON LABOR LEGISLATION A PROGRESSIVE POLICY IN WHICH O^ITARIO LEADS / f^sS Copies of this Pamphlet may be had from Alexander Smith, Secretary Ontario Liberal Association, 34 Victoria St., Toronto >3|-^ ^-mkMt\tmt ' yjj*' THE LAWS RELATING TO LABOR. That the claims of labor have alway.s been the concern of the Liberal Party in Ontario is evidenced by the Ii'^'islation on their behalf, ever !*ince thtir accession to power. Their sympathy and ettoit antedated their term of office ; for the records show that an Act respecting mechanics and waj,'e-earners liens was introiluced by Adam Crooks in 1S71 (SanHeld Macdonald then being in power) but was defeated on its second readir.;^. This Act was again introduced in 1873, shortly after the Liberal Government assumed the rein' of power, and became law, since which time oontinuous legis! 1 been enacted, as the appended chronology of Ontario Labo 11 show : .; JOLOQY OF ONTARIO'S LABOR LA WS. Appreuiiocs ao. Minors' Act. Passed, 1871— Amended, Wi. Chap. IHI, K.S.O., 1897. Mechanics' and Wage- Earners' Liens. I'assed, 1H73— Amended, 1S74, 1S7S, lHH-2, 18S4, 1M87, IHiW, 1S96, 1«97. (Jap. 15.1, K.S.O., lHlt7. P.S. Tliis Act was first introduced by .Mr. Adam Crooks (then in Oppofition) in 1871, and was thrown out on its second reading. Master and Servant Act. Passed, 1873— Aniendee a just (in>l reaHoniil'lo allowance," and " any order of a city police magistrate for the payment of such wages as aforesaid, shall tie payaltle t'ortliwith." This Act was consolidated, ainemled and greatly enlarged in its scope by ciiaptei 3.) of the Act of IMOIJ, which may ho cited n» tho Mochan'os' and Wage-EarntTs' liien Art, ISfXi. It was extended and made sp ciaily and partitMiiaiiy anpiie.ahle to railway com- panies and all hoilies corporate, including municipal coiporations, and to the case of work done upon tlie i>ropurty of married women with t'le co..sent of the husi.iuid. The Act now covers almost eveiy ciise. By sectior 7 insurance on property destroyed by fire in respect of which there is a lien in Iwrnid also to the extent ol the lien. By sectii i l<> the ownor of tho pioperty is recpiired to retain from the contractor for the purpose of sutiNfying liens under tho Act, for a period of thirty r cent, of the value of tho work, service, or material done or supplied. VVhei j the contract exceeds $15,000 the amount to be retained must l>e 1.5 per cent. By section 12 it is declared that the lien created by th Act shall have priority over all judgments, executions, assignments, at- tachiuents, and garnishin-^nts issued or made after the lien arises, and over all payments or^advances made on account of any convey- ance or mortgage after i.-^tice in writing of the lion. By section 13 specie, preference is given for thirty days' wages to tho earnings of the mechanic or laborer, and re-enacts the im- portant ciaus'i in .50 Vic, c. 21-, .hich »s as follows : " Every device by any owner, contractor or sub-contractor adopted to defeat the priority given to wage-earners for their Witges by this Act shall, as respects .such vvage-earneis, be null and void." Bj' the same section (sub-section 0) " wages " are detincd to extend to moneys earned by piece-work as well as to work by the day. By section 14 it is provided that any payment made for tho purpose of defeating a claim for a lien shall be null and void. By section 16 a claim must be registered in tlie registry office of the county where the land lies. By section 17 it is provided that any ninnber of persons may join in one registration of claims ; and no claim is to be invalidated (sec. 18) by reason of want of formality. The fee for registration is 25 cents (sec. 19). By section 21, claims must be registered within 30 day ■, from the completion of the contract or work or during '.;S performance. Section 30 provides that any n' .oer of lien-holders having clainiH may join in one action. By section 31 the Master-in-Ordinary, or Local Master, or 6 TBE LAWS REI.ATINa TO LABOR. Official KoftMcc, or a Jud^'o ot tho C.'ounty (^urt, mny HUininarily try the chmc. i • r By section 37 no « in 8t4iinj>H ar« to ix' paid on a claim tor wages,' and hut one dollar per Imndrod on any other claim up to one thousand dollars. ThJH new Act a.s amenilod anjwars to Ikj entirely Hatisfactory to the public, m[>laints which wore many ane binding on their, or either of them, for a longer time than a term of nine years from tl.e day of the date of such contract. Where an ajjrceineiit is entered into between the ma.ster and the servant, by which a definite share of the profits or pro- ceeds of a business is allotted to a servant, either in lieu of or athlitional to his salarv, wages or other remuneration, and such agreement not creatingutiy relation in the nature of a partnership, such agreement shall be deemed lawful, provided that in such case the ser'vant must accept the statement o« tli said master as to proceeds involve.l in the agreement, a- J shiU not have power to eXRiidne acctmnts of said miintftr. An agreement, whether verbal or written, entered into between master and servant for the performance of smy duty or service whatsoever stiall be binding, but a verbal agreement shall not exceed the term of one year. The Act also provides that no tavern-keeper or boarding- house keeper .shall keep the wearing apparel of any servant or laborer in pledge for an expense incmred to a greater amount than ${\, and shairsurrendcr immediately any goods kept by said tavern or boardingdiouse keeper under such circum-stances upon the tender of sai.l ;:?() or h'ss suui. This does not apply to other property of the servant or laborer. Any agreement, verbal or written, between any person and any other person not a resident of C'anada, for the performance of .service or labor in the Province of Ontario, shall be void and of no efllect as against the person only migrating or coming. This pro- visioi. does not apply to teachers, professional actors, artists, lecturers or singers, or to such skilled workmen as are not procur- able in Canada. Proceedings may be tal under tliis Act for the collection of wages within one month after the enga-^ement or employment has ceased, or within one month after the last instalment of wages under the agreement of hiring has hecuiiie due. Where prococd- -ngs are taken under this Act before a police magistrate, and pay- THK LAWS REI,4TINn TO LAHOR. 7 morit of wiigoH i« oidcrcl ' lui> to be iini'lo liy the inaHter or eni- |»l«)yer to the MervHiit or i. tore iiuil tho sumo are not paiil witliin tin- time iimiteij by the onloi, the Hiime proecediii^fs mny be taken \ty the person chiimin^ tin; ben>-ttt of the onler as iiia^ be taken by a party having an unsatisHc I jnd^jiuent or onler in .no Division Court for the payment of any d bt, tianiajjes or costs, as respects the examination of the juil^jinent debtor touchinjf his esitate ami effects, the means ho lias of disehar^jin^' his liability and tin- dis- posal he has made of any property, and the police maj^i-itrate shall nave the like power and authority to enforce payment of the debt as are po♦" wa;,'es duo, and r pecilic rato has expressly been agreed upoi ootween the parties, the police magistrate has the power to fix the rate loyers and their employees, ai d would be of benefit in the public interest by providing simple methods for tlie prevention of str. es and luck- outs, from which industrial operations and the welfare of the country generally m'ly sutler injury. ^^'I^J^ 8 THE LAWS BELATINCl TO LABOR. In this Act, the word " employee " means any person or per- sona in the employment of an employer, as defined by this Act. A claim or dispute under this Act shall include any of the matters following as to which there is a disagreement between any employer and his employees : (1) The price to be paid for work done, or in the course of being done, whether such disagreement shall have arisen with respect to wages or to the hour.-, or times of working. (2) Damage alleged to have been done to work, delay in finishing the same, not finishing the same in a good and workman- like manner, or according to agreement ; or a dispute respecting materials supplied to employees and alleged to be bad, or unfit, or unsuitable. (3) The price to be paid for mining any mineral or substance mined t>r obtained by mining, hewing, quarrying or other process ; or the allowances, if any, to he made for bands, refuse, faults or other causes whereby the mining of the mineral substance is impeded. • i i.- (4) The performance or non-performance of any stipnlation or matter alleged to have been in an agreement, whether in writing or not. . (5) Insufficient or unwholesome food supplied to employees where there is an agreement to victual them, or to supply them with provisions or stores of any kind. (6) Ill-ventilated or dangerous workings or places in nnnes, or unwholesome or insanitary rooms or other places of accommoda- tion, in which work is being performed, or want of necessary con- veniences in connection with such rooms or places. (7) The dismissal or employment under agreement of any employee or number of employees. , (S) The dismissal of an employee or employees for their con- nection with any trade or labor organization. ^ (9) No claim or dispute shall be the subject of conciliation or arbitration under the Act in any case in which the employees affected by such claim or dispute shall be fewer in number than ten. N.S.W.,s. 24;B.C., s. 28. A Council of Conciliation for the purposes of any dispute or claim, shall consist of four conciliators, two to be nominated by each of the parties to the di.spute. A dispute or claim within the meaning of this Act may be re- ferred for settlement to a Council of Conciliation in the cases fol- lowing : . . , tu The parties to the dispute or claim may jomtly agree, in the prescribed manner, to refer such disputes or claim for settlement to a Council of Conciliation. The Act also provides that there shall be two cuuiicils of arbitnitiuu, otic for the settlement of disputes ana claims between railway companies (including street railway "^rJ^^^^I THE LAWS RELATING TO lABOIl. 9 companies) and their employees, both in respect of railway con- struction or traffic on railways, ami a Ctxincil of Arbitration for the settlement by award in respect of disjiutcs and claims other than between railway companies and waye-carners employed in respect of railway construction or traffic. Each council shall consist of three members, one to be ap- pointed by the Litnitenant-Governoron the recommendfition of the employers, and one to be appointed by him on the recommendation of the employees. The third ineniber to be appointed shall be Presidentof the Council, an I mty be appointed by the Lieutenant- Governor on the recomiueu lation ot the two members already appointed, within tWt;nty-one days of their appointment. Failing this, the Lieutenant-Governor shall appoint as Pre- sident of the Council, an impartial person, not likely to be biased in favor of or against employers or employees. The same person may be President of both Councils. As soon as practicable after the appointments have been made, the names of the menjbers of the Council shall be notified by the registrar in the Ontario Gazette. The Lieutenant-Governor may cancel the appointment of any member on the recommendation of the authority by which his ap|iointuicnt was recommended. The term of office of a member of a council shall be two j'ears; and at the end of every tenn of two years a fresh appointment of members shall be made in manner aforesaid. Every member shall be eligible for reapj ointment. For the person to be recommended by the employes every employer in the Province, having at least ten persons in his em- ployment, shall be entitled to one vote ; every organization in the Province, whether incorporated or unincorporated, representing the interests of employers, each member of which has at least ten persons in his employment, shidl be entitled to one vote. Every Board of Trade in the Provincf. legally constituted, shall be entitled to one vote for a representative of the employers in e.ich Council. For the person to be recommended by employees in matters not belonging to railways, every trades and labor council, every district assembly of the Knights of Labor, every federated Council of building trades, every lawfully incorporated trades union, every organization of wage-earners of an industrial calling primarily constituted for, and actually and liona fide operated for the regu- lation of the wages and hours of labor as between employers and em- ployed, shall be entitled to one vote ; but this >hall not be deemed to include co-operative associations or societies formed under the Revised Statute respecting Co-operative Associations. For choosing the person to be recommended by em{)loyees of railway companies as a member of the Council of Arbitration in mntters belonging to railways, every organization in the Province, wLotli r incorporated 10 THE LAWS RELATING TO LABOR. or unincorporated, exclusively representing the interest of wage- earners eini>loyed in respect of railway construction or traffic on railways shall be entitled to one vote; but this shall not be deemed to include co-operative societies or associations. An Act passed in 1«74 for the purpose of affording protection to drivers and those working around horse power threshing machines provides that all persons owning or running any thresh- m^ machine, wood-sawing or other machinr, which is connected to^a horse-power by means of a tumbling rod or line of shafting, shall cause each of the knuckles, coupling and joints, etc., of such tumbling rod or line of shafting, to be safely boxed or secured while running, with wood, leather, or metal covering, in such man- ner as will prevent injury to persons passing over or near such tumbling rod, etc , and shall cause all oil cups attached to arbors or journals°to which driving belts are attached, to be furnished with tubes of tin or other material, which shall extend above the belt so as to prevent damage from oiling when the machine is in motion ; and shall further cause a driver's platform to be placed on any horse-power used for driving machinery, of such size as to cover the gearing and to prevent accidents to any persons from contact with said gearing. .. Any person who refuses to comply with the provisions of this Act shall be liable to a fine of not less than SI, nor more than S20, over and above the cost of prosecution, and in default of payment shall be imprisoned in the nearest common gaol for a period of not less than two or more than twenty days. RAILWAY A CCIDENT A CT. During the Session of 1881 the Legislative Assembly appoint- ed a specia? committee to enquire into the causes of the loss of life from accidents on railways. Much valuable information gathered and valuable su.i> Invent of accidents to their employees caused by failure to do so, the latter are placed in as good a position, with respect to the right of compensation, as if they had not been in the company's AiBiiiiiiaiaiiiiUitaH THE LAWS RELATING TO LABOR. 11 employ ; in other words, the great principle embodied in this Act, securing compensation for injuries, is antici[iated by this provision of the Railway Accident Act; just as the principle that railway companies and factory proprietors sliould be compelled to make pro- per provision for the safety of the public was anticipated by the Act of 1H74, which requires the owners of machines to properly guard those pai'ts likely to cause injury to persons coming in contact with them. ACT RESPECTING PAWNBROKERS. In 1884i, in consonance with the policy of the Liberal Govern- ment to afford protection to wage-earners, an Act was j)assed de6ning rates of interest, within reasonable bounds, to be charged by pawn- brokers, together with other regulations that ensured a fair measure of protection to that class who by force of circumstances had cause to resort to such means of trade. [THE FACTORIES ACT. An Act for the protection of persons employed in factories was passed in 1884. It cont.ained a proviso that it should not come into force until proclamation should be made by the Lieutenant- Governor, the object being to secure, either by convenient Do- minion legislation or by a decision of the Supreme Court, that the validity of the law would not be disputed. Al' efforts to induce the Dominion Government to aid in removing the uncertainty having failed, the necessary proclamation was issued in October, 1886, and the " Ontario Factories Act, 1884," became law. It pro- vides among other things — (1) That the employment in a factory of a child, a young girl, or a woman in such a way that their health is likely to be permanently injured, shall be an oflenco punishable by imprisonment or fine. (2) That no child under fourteen shall be employed in any factoiy, and children under fourteen, and wo- men, shall not be employed more than ten hours a day, or 60 hours a week. (')) That women and children shall not be allowed to clean machinery while it is in motion. (4) That working extra hours in a time of emergency shall be done only with the consent of the Inspector under the Act. (.■}) That factories shall be kept in proper sanitary condition. (ft) That machinery and other sources of danger to employees shall be properly guarded. (V) That each factory shall be supplied with the means of extinguish- ing fires and also with fire-escapes, if the building is two stories in height, and where deemed necessarj'^ by the Inspector for build- ings of one story — this latter provision re fire-escapes is pr^ ided for by amendment of 1901— which also provides for a sutiicient number of tower stairways with iron doorways within easy com- munication of all working rooms. (8) That tb.fi Inspsftor shall he. notified promptly when loss of life results to employees through 'HjM 12 THE LAWS BEL ATI NO TO LABOR. fire or accident. The Act clothes the Inspector with the powers necessary to enable him to ilisc'iarj,'e his duties efficiently, and pro- vides a simple means of enforcing its provisions. Appended to it is a schedule containing a list of the dittereut kinds of factories that c^tne under its operation, and it is provided that the Lieuteu- ant-Governor-in-Council may add to, or take away from, that list by proclamation in the Ontario Gazette. The putting of this admirable measure into operation places the factory laborers of Ontario in as good a position in the matter of protection as is en- joyed by such laborers in any country in the world. An Act analag'vis in its provisions to the Factory Act was passed in 1888, which gave power to Municipal Councils, on application of three-fourths of the employers in any class of shops, to pass by-laws for the closing of all such shops at. the hours men- tioned in the api-i 1 cation. This has the effect of shortening the hours during which childran and young persons may be confined in such shops. It also ordered that seats be provided for female employees, also, that no young person shall be employed in or about any shop longer than 74 hours, including -meal hours, in any one week, nor longer than fourteen, including meal hours, on any Saturday, notice to this effect to be posted up in the shop. This provision not to apply in cases in which the employees are members of the families of the employer-. This Act was amended in certain of its provisions in 1889. In 1889 an amendment to the Factories Act madt several new and most important changes, governing and for the protection of yoiMig persons engaged in factories, gave a detailed list of lines of business to which the Act applied, and, most important of all, sub- section 2 of section 3 of this Act of 1889 declares that " Section 2 of the principal Act is hereby amended by omitting therefrom the words " Provided that where not more than twenty persons are employed in any place coming within the foregoing definition of a factory," and inserting instead thereof the words " provided that where not more than five persons are employed in any place com- ing within the foregoing definition of a factory. ' The amendments of 1901, and also the present year, 1902, further provide for more stringent safeguards against danger of fire, also enlarges the power and scope of the inspectors, and provides for boiler inspection. WORK AND WAGES. In 1873 two Acts were passed, one intended to facilitate agree- ments between masters and workmen for participation in profits ; the other intended to facilitate the adjustment of disputes between masters and workmen. With reference to these two measures and the Mechanics' Lien Act passed in the same session, Hon. Attorney- 4j>r^; THE LAWS RELATING TO LABOR. 13 General Mowat made the fo'lowin,' remarks in a peech delivered in Toronto on the 8th of Ja .ry, 1-579: " We have passed laws Hecurinj^ to mechani - laborers, and others, a lien for their pay on the prop^irty on which their labor is expended or their material used, so far as this seemed practicable withsut prejudice to persons not cunceriied in the traiisaetion. VV e have passed laws in the interest of masters and workmen, for facdi- tating a|,'reements i.etween them for sharing the ]>rofits of the business in which they may be engatze 1. The oVjcct of these law> is of great importance to t'.-e working classes. It is by such means tluit their status is to be raised. Tliose who have given attention t this subject seem to be unaware of any method by which so laiue an amount of good c^ui be looked for to the (j;ieat mi.ss of our working population'as some method which may enable them scjnichow to share the profits of the busine.ss in whicli tli.-y are employed. In framing th^se laws we h»vd the advantage of v/liat had been done elsewhere, and we have placed on the Statute .B;jok the b.3st laws that the example or experience of otlier places enabled us to devise. "We have also passed a law to facilitate, by means oi maclnnery found useful else-, -here, the umicable stttlement of dis- putes betweer employer.-' and employed." In 1885 an Act vv^as passed wliich is of great importflnce as affording valuable protection to workni'^n in respect of wages. It provides hat when a debtor makes an assignment of real or per- sonal property for the general benetit of his creditors, an ,iXception shall be made ir fiivor of persons in his employment at, or immedi- ately before, the time of the assign.nent, who .-^hall be paid in fu 1 up to three monchs' wages or salary, and be entitled to take rank as general creditors for the remainder of the amount due them. A .similar provision is made to apply to the distribution of the assets of a company in process of lifpiidation under " The Joint Stock Companies' Winlebe by the day, by thi week, by the job or piece, or otherwise. EMPLOYFAVS LIABILITY. For years past in England an Act of Parliament has been in force which makes employers lial'lf under ce;t an circumstances for injuries to their employees. The Act originally passeloyer is thereby require ' to maintain himself and his employees in a clean and healthy condition while engaged in the manufacture, handling or sale of such products The Act was further amended in 1901. AN ACT TO AMEND TU K ONTARIO SHOPS REOU- L AT ION ACT. Section I'l of the Ontario Shops Regulation Act is amended by adding thereto the following sub-sections : ("3) The owner of every shop shall be held responsible for the providing of tbe sanitary conveniences provided under sub-section (2) of *hi8 sectioi. and on failure or refusal to provide the same within two months after receiving written notice from the In- spector, shall be liable on conviction to a fine of not more than S")00. or in default of payment of the same, shall be imprisoned for a period of not more than twelve months. (4; Where grinding, polishing or bufHng is carried on in any shop, the provisions of section It) of the Ontario Factories Act shall apply to such sliop. (2) Section .'J9 of the Ontario Shops Regulation Act is repealed and the following substituted therefor: (39) No employer shall require, permit or .suffer an employee in any bake-shop to work on Sunday, nor for more than twelve hours out of every twenty-four hours comput." ' he time when the employee commences work, nor more thai hours iu any one week, to be computed as commencing on S^ ^ay and ending on Saturday, both days inclusive, except by permission of the In- spector given in writing to the employer; and a copy of such permission shall be posted in a conspicuous place in the bake-shop BARBER SHOPS. (3) The said Act is further amended by adding thereto the following as sections 45 and 46. (45) No employer shall require, permit or suffer any employee in any barber shop to work on Sunday, and no proprietor of any barber shop shall open his barber suop or permit the same to be opened to the public or carry on any business or work therein at any time between the hours of 12 o'clock on Saturday night and 12 o'clock Sunday night. 20 THE LAWH RKLATINQ TO LABOR (46) A../ employer or any proprietor of a barber ahop who vi«lateH the provUions of tlie prjceiin;^ soction mIuiII, on conviction thereof, be liable to a penalty of not It^s than $20 Iwsiiles coat and not mere than ^.')0 besi-len coits, anr making all necesnary regu- lations for the protection and safety of worknjei and other persona employed thereon ; and for appointing inspectors of scatfolding. miiK-^J FROM AXD CONSTRUGTION OF li'ILDlNQS. Hy-laWH may be passetl as above for regulating the nun '.er of doi.18 on churches, theatres, halls or other buildingH U! . for worship, public meetings or places of amusemcit, anu the street gates leading thereto ; and the construction and width of stairways, In churches, etc., and in factories, warehouses, hotels and boarding houses ; and kiho the size and number of iloors and other means of egress from ail hofipitals, schooN, college" and other buildings of a like natme, and aUo the structure of stair.s and railings in all such buildings, and the strength of beams, walls nnil joists and their supports, and for compelling the production of plans for inspection, and for enforcing the observance of .■ uch regulations. For prevent- ing the obstruction of the halls, aisles, passage-ways, etc., in any such building or leading thereto during the occupation of the same by any public assemblage. HOISTS AND ELEVATORS. For licensing and iiispectin;,' elevators and hoists for passen- gers or freight, used by the public or by employees, and for impos- ing and enforcing penalties for the infringement of such by-laws, and for prohibiting and preventing the use of elevators and hoists contrary to the provisions of such l)y-law. But the proviuion in this clause contained shall be subject t > the Ontario Factories Act and of any other Act making provisions applicable to elevators and hoists. BY THE COUNCILS OF CITIES, TOWNS AND VILLAGES For regulating the construction of cranes, hoists and elevators, and for determining the manner in which elevators in buildings' ■shall be constructed and worked, and for providing for the inspec- tion of "11 cranes, etc., but none of the provisions of such by-laws shall bi nconsistent with the Ontario Factories Act so far as the same ■ 'ides for the regulation or construction of cranes, etc. 22 THE LAWS RELATING TO LABOR. CAB STANDS AND BOOTHS. By-laws may be passed by tlie councils of cities, etc., for authorizing and assigning stands for vehicles kept for hire on the public streets and places ; and for the erection and maintenance of covered stands for booths on streets, etc., and for the protection or shelter of the drivers of such vehicles. Provided that no such booth shall be placed upon any .sidewalk without the previous con- sent of the owner or lessee of the property fronting or adjoining such stand or booth. ELECTRIC STREET RAILWA 7S. By-laws may be passed by the councils of cities for compelling every electric railway company, operating its railway within the limits of such city, to provide proper and sufficient enclosed vesti- bules upon its street cars to protect the raotormen and persons in charge of such cars, from exposure to cold, snow, rain or sleet, dur- ing the months of November, December, January, February and March in every year, while engaged in operating ihe cars. SCHOOLS FOR ARTISANS. By-laws may be passed by the councils of municipalities counties, cities and towui for establishing .schools for the training and education of artisans, mechanics and workmen in such subjects as may promote a knowledge of mechanical and manufacturing"art.s, and for acquiring such real property as may be requisite foi^such schools ; and the erection and maintenance of suitable buildings thereon; and for improving and repairing such .school buildings, and for disposing of such propei-ty when no longer required'. Councils establishing such schools may appoint boards of trustees to conduct the schools, giving them such authority as the councils may deem expedient. For making grants in aid of such .schools, or to art schools ap- proved by the J^epartment of Education, as they may deem ex- pedient. STREET RAILWA YS-LIEN FOR WAGES. Every mechanic, laborer or other person who performs labor for wages upon the construction or maintenance of the railway or the works connected therewith, shall have upon the said railway and other property of the company a lien for such wages not ex- ceeding the wages for thirty days, and the said lien may be en- forced in the manner provided for enforcing liens for wages by the Mechanics' and Wage-earners' Lien Act. W^^m^:m.-",.ges or otherwise by such employees, by which it is agreed that tie said Acts, or any of them, shall not apply, or that the remedies provided for by any of the said Acts shall not be available for the benefit of any person entering into such agreement, is hereby declared to be null and void and of no effect as against any such workman, servant, laborer, mechanic or other person. LIABILITY OF DIRECTORS OF COMPANIES FOB WAGES. R.S.O.. IS07, CAP 191. The directors of the company shall be jointly and severally liable to the laborers, servants and apprentices thereof for all debts not exceeding one year's wages due for services performed for the company ; but no director shall be liable to an action therefor, un- less the company has been sued therefor within one year after the debt became due, nor yet before an execution against the company has been returned unsatisfied in whole, or in part; nnd the amount due on such execution shall be the amount recoverable with costs asainst the directors. THE MINES ACT, 1892. .nder theheadof "Employment of Women and Children,' see .ion 54 of this very comprehensive Act provides that " No boy " under the age of fifteen years sliall be employed in or allowed to " be for the purpose of employment in any mine to which this Act " applies below ground, and no girl or woman shall be eip-ployed at " mining or allowed to be for the purpose of employment at mining " workTn or about any mine." Another section provides that " A " boy or male young person of the age of fifteen and under the age "of seventeen years shall not be employed in or allowed to be for ^WJ: H %M'A 1". ^y .r -i ■i-^:. f\ 26 THE LAWS RELATING TO 1.ABOR. "the purpose of employment in any mine to which the Act applies, " for more than forty-eight hours in any one week, or more than " eight hours in any one day ; that is, (1) ^he period of such em- " ployment shall be deemed to begin at the time of leaving the sur- " face and to end at the time of returning to the surface ; and (2) "the week shall mean the period between midnight on Sunday " night and midnight on the succeeding Saturday night." Pro- visions are also made providing for the keeping of a correct register of all boys and male persons employed ; that a person in charge of a windlass or gin shall be at least twenty-one years of age ; and that in the event of contravention of any of such provision v any person whomsoever in the case of any mine, the owner and j^ent of any such mine shall each be guilty of an offeace against this Act, unless he proves that he had taken certain specified precautions. It is also provided in this Act that no wages shall be paid to rny person em- ployed in or about an}- mine to which the Act applies, at or within any public-house, beer shop or place for the sale ol any spirits, wine, beer or spirituous or fermented liquor, or other house of entertain- ment, or any office, garden or place belonging or contiguous there- to or occupied therewith. Ve'y definite and detailed provisions for the [)revention of accidents and penalties for neglecting or contra- vening the odme are also included. "An Act to make further provisions respecting Mines and Mining," (1896), repeals certain sections of previous Mines Acts, and substitutes the following for section 53 of the Mines Act, of 1802. (53) This part shall apply to all mines, quarries and pits, and oil, gas and salt wells, and other openings from which ores or minerals of any kind or class are raised or taken, and to all furnaces or works for smelting or otherwise treating ores, rocks, clays, sands, oils, brines or other minerals for any economic object; and all own- ers or agents of such mines, quarries, pits, wells, furnaces and works, shall observe and keep the provisions 0'' this part, and in case of non-observance thereof shall incur the penalties provided therefor by section G!) of the Mines Act, 18.)2. LI ABILITY OF DIRECTORS OF MINING COMPANIES FOR WAGES. R.8.0 1897, Cap. 197. All mining companies in force in Ontario shall be subject to tl p provisions of this Act. The directors of a company shall be jointly and severally liable to the laborers, etc., for all debts not exceeding one year's wages due for services performed ; but no director shall be liable to an action t'lerefor unless the company has been sued therefor within one year after the debt became due, nor yet before an execution against the company has been returned unsatisfied in ismm'MLm. 1 1. THE LiWS RELATING TO LABOH. 2Y whole or in part ; and the amount due on such execution shall be the amount recoverable with costs against the directors. TECHNICAL SCHOOLS. " An Act respecting Technical Schools. 1897." This Act. after definin-' how and upon what conditions technical schoo s nmy be established in Ontario, provides that the provisions ot the High School Act, inm, shall apply to technical schools, subject to any regulations of the Education Department with respect to the fees to be paid by pupils, the course of study, the iiualihcat.on of teachers, the use of text books, and the equipments of the school. The condition on which monev is voted by the Legislature tor Hicrh Schools shall apply to all appropriations made to tecl.nical sch'ools It shall be lawful for the municipal corporations of any city or town by by-law to appropriate such sums of money as may be deemed expedient for the establishment of a t.'hnical school tor adults within the meaning of this Act All the powers vested in the corporation by the Municipal Act, for the purchase or expropri- ation of lands, or for leasing or repairing buildings or for the erection of new buildings for the use of the municipality, shall be applicable to this Act. Towards the maintenance of such schools, there shall be paid annually, on the report of tne Mmister of /educa- tion, out of any moneys appropriated by the t;egi«lature for that purpose, a sum not exceeding the amount payable for the mainten- ance of High School pupils under the regulations of the Education Department. The general management and control of the school for adults shall be vested in and exercised by a board of manage- ment to be appointed as provided in section 3 of the Public Libraries Aet 181)5. In cities and towns in which a public library lias been established under Part I, of the said Act. technica schools for adults shall be nder • .nagement and control of the board of such library • provi- vays that ar- technical school already <3stab- lished under by .. municipalit> aay be carried on under such by-law during the pleasure of the Municipal Council, subject to regulations of the Education Department. IMPORTED CONTRACT LABOR. With a view to the protection of the Ontario laborer from the oppressive competition of certain classes of foreigners, whom i is the custom to bring into the country ^^^f'^^S'f'^'f^J^'ff virtually prevent them from being free agents in the disposal of their services, the Legislature in the Session of 1886. enacted as follows : — 28 TOE LAWS RELATlNn TO LABOR. " Any aj^reement or bargain, verbal or written, expresMed or implied, which may hereafter be made between any per- son and any other person not a resident of Citnada, for the performance of labor or service, or having reference to the perforuian-'e of labor or service by such other person in the Province of Ontario, and maile as aforesaid, previous to the migration or coi.iiag into Canada of ' ach other person, whose labor or service is contracted for, shall bo void and of no effect as against the person only so migrating or coming." This enactment leaves the imported foreign laborer, who comes into Ontario on the strength of a previous agreement, free to break his agreement after ho arrives here, if he sees fit to do so, while if he chooses to observe the agreement on his part, he can hold his em- ployer to it also. The object of this legislation is to discourage the practice of advancing money to foreign laborers to pay their pas- sage into this Province, by njaking it impossible for the employer to recover the sum advanced if the employee sees fit to break his enga'Tcment. jSo more effective means could bo devised. IMMIGRA TION OF CHILDREN. R.S.O. 1897, Cap. 262, provides that no child shall be brought or caused to be brought into the Province of Ontario by any society or agent, or by any person other tl an the parent of the child, or persons standing in loco parentis to sucli child, from any port in Great Bri'ain or Ireland, unless a certificate has first been obtained from an examiner stating that he has .satisfied himself that the child named in the certificate has not been convicted of any crime, nor displayed any criminal tendencie.s, and that in other respects he is a child who may lawfully l>e brouglit into the Province. Every society or agent shall maintain a careful su]»ervision over every child caused by them to be brought into the Province, until such a child attains the age of eighteen years?, and shall pro- vide a permanent home or shelter, to which such child may be returned after being pLiccd out in a foster-homt^ or as an apprentice, if the person with whom the rhild is jtlaced is unnble or unwilling to retain the custody of the child ; and the address of such shelter shall be specified in every agreement made with persons receiving children into foster-homes or a.« apprent'ce<, and every such person shall, when so re(iuirod by the society or agent, furnish full partic- ulars as to the health, conduct, progress and welfare of such child. Any complaints received that a child placed out in a foster- home or as an apprentice is being ill-treated or overworked, etc., shall be immediately investigated by the society or agent, and the necessary steps taken to protect the child from future ill-treatment or neglect. ) wm ^Ji^Jt 'ms^s>^Mm^m^^' THE LAWS RELATING TO LABOR. 29 4 f Fverv society or agent having thecuHto.ly of any chihl brought o known V cious tendencies, or any child who ,s known to be imprisoned for any period not exceed.n« three months. ADMINISTRATION IN FAVOR OF LABOR. Tt is not only in legislation that the Government have safe- extends also to laborers employed upon luce works. ^,.^^„,. ^, Tnlettin- the contract to the lowest tenderers for prepa ung. Act," they have required the contractors:— ' fa^ To perform all the work in Ontario. , , , , (b) To pay the highest or union wages for all work to be done under the contract. . , , On April 4th, inno, the following resolution was passed by the "^'^'■"Svir^ha, . t'he opinion of this HouBe all Government :i=.":r.3:'.^^^.•iri=;:;:.r::^= "i ^V^' "^ 'T. 30 THE LAWS RELATlXa TO LABOR. this House cordially concurs in such policy, and deens it the duty of the Oovornment to take immediate steps to tjive effect thereto ; and it is hereby resolved that the work to which the forcfjoing policy shall apply includes not only work undertaken by the Gov- ernment itself, but also all works aided by a grant of provincial public funds, and that the aforesaid policy shall bo forthwith applied to every department of the public service, and to ail parties now performing services for the Government. That tins House is further of the opinion that in all appropriate cases the legislation of this House should be in harmony with this resolution." Consistent with the foregoing rcsolution.s, the conditions im- plied therein have been embodied in public contracts, also when public funds have been voted in aiding railroads, as the following will indicate : — An Act Respecting Aid to Certain Railways, S.O., 1901, Chap. 22, contains clauses for the protection of workmen engaged thereon, as follows : 8. The workmen, laborers or servants employed on or about the construction of the said railway, each of them shall be charged fair and reasonable prices for any board, provisions, clothing and other necessaries of life and reasonable comfort, sup[)lied by the company, their agents or any person or persons authorized by the said com- pany to supply such goods and accommodation, and upon the breach of any of the provisions of this section or in the event of exor- bitant charges being made by the railway company, their agents or other person or persons authorized by the railway company, there may be deducted and retained from moneys payable in respect of such unearned subsidy, or hereafter to be granted subsidy, such amount as the Lieutenant-Governor-in-Council may think proper. (12) The Lieutenant-Governor-in-Council may instruct the Secretary of the Provincial Board of Health to enforce such reason- able sanitary regulations on the works and in the camps connected therewith during the construction of the said railways as may be deemed necessary to maintain proper sanitary conditions and ac- commodation, and contractors shall have at such camps a tent and stove, where in case of emergency a patient suffering from a con- tagious disease may be isolated at once, so as not to endanger the men in the camp. 18. All the provisions of the "Act to secure payment of wages for labor performed in the construction of public works," of the "Act respecting subsidies to railways and to encourage the manu- facture of railway steel and iron in the Province," and of " The On- tario Railway Act," shall apply to the subsidies granted by this Act, and the wages paid on any of the said works shall be such as are genercilly accepted as current for competent workmen in the re- spective districts where such railways are to be constructed. THE LAWS UELATINd TO I.AHOK. 31 SANITARY lihVULATlONS IN UyORGANIZKD LOCALITIES. Due attention hus also been given to territories at present un- organized, as the following Act testifies, wliich was passed by the Legislature in 1901 : . ,t • i An Act Respecting Sanitary RcgulationH in LnorganiMd Territories, provides that the Lieutenant-Governor may from time to time make regulations aftplicahle only to those parts of the Pro- vince which are without municipal organization: (1) Respecting any particular industry and the conditions under which the same may be curried on, for the purpose of preventing nuisances and the out'^-sak and spread of disease. (2) For 'he cleansing, regulating anloye(I. (3) For pn viiling for the inspection of houses and promises. (4) For provi.i.iig for the employment of duly qualitied medical practitioners by employers of labor in lumber and mining camps and railway construction and other works where labor is employeil, and for the erection of permanent or temporary hospitals for the accommodation of peraons so employed. ONTARIO LEADS. The Liberal Government, true to their progressive policy, was the first Province in the Dominion to establish a Labor Bureau. By an Act of 11)00, the following passed into law : SO., 1!)00, Cap. 14. , , r. • 1 There shall be attached to the Department of the Commis- sioner of Public Works a bureau, to be styled "The Bureau of •2. Tho lieutenant-Governor may appoint a Secretary of the said Burtaii, and may also appoint such other ofticers as may be necessary for the proper conduct of the Bureau. 3. Jt shall be the object of the Bureau to collect, assort and systematize and puVilish information and statistics relating to em- ployment, wages and hours of labor throughout the Province— co- operation! strilces, or other labor difiiculties, trades union, labor or- ganizations, the relations between labor and capital, and other subjects of interest to workingim-n, with such information relating to the commercial, industrial and sanitary condition of workingmen, and the permanent prosperity of the industries of the P. " vince, as the Bureau may be able to gather. PROGRESSIVE LEGISLATION. During the session of 1902, an Act was passed amending the Trades Dispute Act of 1890, vesting the Registrar under the Act with power, upon the solicitation of either parties to a threatened ^im^^^i Wm a 1 e* i 32 THR LAWS REIATINU T r.AHon. wT J /k" ".''r'"t«' O"- I'y tho Mayor or Reeve of the City o. Town tie nl ;«' '"P?." •' ^'!'««t«"-« or pendin,., to er.deavor to br^g seicietiient. Ihe followmij is the Act: f},« fii,^®?^'"" * "^ ^''•'' '^''**^®' Disputes Act is amended by adding the followinjf sub-sections : ■' """'"« r.«r-nn*^ " i""^ ditference shall arise between any corporation or hr"at.Mr!"r^?^ !" "^ ''T ^■™'''"^'''^'^ and ..uch^lifference threatening to lesnlt or resulting in a strike on tU part of such the duty of the Registrar, when re.,ue.sted in writing to do so by five or more of the saul employees, or by the employers or by tl e Mayor or R.e.e of the municipality-in which the i.l try h situated to v.sit the plac. of suel/ disturbance and dili."n y seek '"'^^^^'i/'l'Tff " T^ *^"'^''"3«r a>"l employees. ^ ^ favorib e tol^sem " W "^'^ '^^^'^ '^ promote conditions ravorahle to a settlement by emieavoring to allay distrust to ro move causes of friction to promote good feeliii^'V er/e co, H denco. and to encourage the pa. ties to^cometogoU er and themsSves ertect a se tl«ment. ami also to promote agreen.ents be ween em- ployers and employees with a view to the submission of Sences out ™'Th rthl'V"'''"''"" ''^•'"■" '-'^"'''^''^ ^" strikes or lock! outs. urn the foregoing measure is appreciate.! b- the labor or ganizations ,s ev d.-nced by the fact thatlring its pas^a'e th ouTh the Legislature letters of endur.sation were received bv- the pro moter of the bill. Mr. T. M. Preston, M.P.P., fVom the Ontario e": ecutive Comnnttee of the Trades and LalK>r ( V.u^ress o f (inada rmimrr ofln ' '^'T"'''? "^ '^''^'"'"^ Engineers, also from a numhei of local organizations throughout the Province CanfdT„"r/'^'' .'^° ^'- ^' ^- '^"^h*- » well-known th^cT ^°"'"''^**'^«' *"d the Commissioner appointed by ln..H^ l'''^ Government of Canada, in 1895. to inquire n'?,, n^""?"*^""' °^ otherwise, of the "sweating" system m the Dommion, and one of the present organizers of the Conservative party, while a member of the Executive Board 01 Knights of Labor of America, from Philadelphia Pa voluntariy.and evidently with pride, took occasion to sky - While there is still a good deal of legislation which we ^bor cranks think should be enacted, I am free to say that Ontario has not much to learn from any State in the Union n this respect, and ,s immeasurably in advance of most of them. How much more justifiable are these truthful ^ZZil- °' .""S "^"^^^ '" '^^ "2^' °f 0"t^"o s Labour Legislation to date. -ciuuui I- Cfl (W ■ ' />t./ s .- . ■ » itf '' -' .t" . ' - • ' . --Ti ■■■■-—■ :r: \ '"■