H D 1915" ;-NRLF SflM DOCUMENTS DEPT. EXCHANGE ICT 11 The Workmen's Compensation Act (4 GEO. V., CHAP. 25) With Amendments of 1915 (5 GEO. V., CHAP. 24) WITH Regulations of Board, Synopsis, etc. PRINTED BY ORDER OF THE LEGISLATIVE ASSEMBLY OF ONTARIO 1915 TORONTO: Printed by L. K. CAMERON, Printer to the King's Most Excellent Majesty The Workmen's Compensation Act (4 GEO. V., CHAP. 25) With Amendments of 1915 (5 GEO. V., CHAP. 24) CONSOLIDATED FOR CONVENIENCE TORONTO ; Printed by L. K. CAMERON, Printer to the King's Most Excellent Majeity CONTENTS PAGE SYNOPSIS OF ACT , PROCLAMATION 10 THE ACT, WITH A.ME.XJXUEATS 11 SCHEDULE 1 50 SCHEDULE 2 53 SYNOPSIS OF RKUULATIO.NS 55 REGULATIONS OF BOARD 59 INDEX TO ACT G9 INDEX TO REGULATIONS. . 83 L / SYNOPSIS OF ACT A New Code of Law. The Workmen's Compensation Act was passed by the On- tario Legislature on^lst May, 1914, and became operative as respects payment of compensation on 1st January, 1915. A number of amendments were made to it on 8th April, 1915, relating chiefly to matters of detail and not involving any change in principle. The Act was framed by Sir William Meredith, the present Chief Justice of Ontario, and embodies what may be de- scribed as a new code of law respecting compensation for accidents to workmen. Employments Covered. The part of the Act which is to be administered by the Board is called Part T. It docs not apply to all employ- ments, but it applies to employments in the very large num- ber of industries enumerated in Schedule 1 and Schedule 2, chi of among which nrc manufacturing, building, construc- tion, lumbering, mining quarrying, transportation, naviga- tion, operation of public utilities, etc. The distinction between the two Schedules is that as to employers in the industries" in Schedule 1 the Board levies an assessment and collects an accident fund out of which the compensation to workmen is paid, the employers in this Schedule not being individually liable to pay the compensa- tion; while as to employers in Schedule 2, no accident fund is collected from them, but they are individually liable to pay the compensation as each accident occurs. When Compensation Payable. The compensation for the injury is payable irrespective of any question of negligence or absence of negligence, and the old defences of common employment and voluntary as- sumption of risk are no longer applicable. The only case? in which compensation is not payable, provided the accident arises out of and in the course of the employment, are : (1) Where the disability lasts less than seven days: [8] M509439 SYNOPSIS OF ACT. (2) Where the accident is attributable solely to the serious and wilful misconduct of the workman and does not result in death or serious disable- ment. No agreement to forego the benefits of the Act is valid; no part of the amount payable to the accident fund by the employer is to be charged against the workman; and the compensation cannot be assigned, charged, or attached, ex- cept with the approval of the Board. An employer in Schedule 1 may carry himself on his wage list at a reasonable salary, not exceeding $2,000 per annum, and if he makes return to the Board accordingly he or his dependants will be entitled to compensation as in the case of an ordinary workman. Compensation is to be paid for the industrial diseases specified in the Act as well as for accidents. The provisions of the Act respecting compensation are in lieu of the right of action for damages at law. Scale of Compensation. The scale of compensation is fixed by the Act. Tf the accident results in death and the workman leaves a widow but no children, the widow is entitled during life or widowhood to a payment of $20 a month. If he leaves a widow and children the payment to the widow is $20 a month and $5 a month for each child under 16 years of age, but not exceeding $40 in all. If he leaves children only, the payment is $10 a month for each child under 16, but not exceeding $40 in all. Where the dependants are persons other than those above mentioned, they are entitled to a sum reasonable and pro- portionate to the pecuniary loss occasioned to them by the workman's death, but not exceeding to the parent or parents $20 a month, or in the whole $30 a month. All the above is governed, however, by the provision that hi no case is the compensation to exceed 55 per cent, of the workman's earnings in the employment; and all provisions for compensation are subject to the proviso that the earnings of a workman shall not in any case be reckoned at more than $2,000 a year. SYNOPSIS OF ACT. The necessary expenses of burial, not exceeding $75, are also in all cases to be paid, and where there are no dependants reasonable expenses of medical attendance, nursing, care and maintenance are also to be paid. Where a widow marries again the periodical payment ceases on her marriage, but she is entitled within a month after her marriage to a lump sum equal to two years' pay- ments. Where the accident results in total disability of the work- man, he is entitled during the continuance of the disability, whether for life or temporarily, to a weekly or monthly pay- ment equal to 55 per cent, of his earnings in the employ- ment. Where the workman is only partially disabled he is en- titled to 55 per cent, of the impairment of his earning capacity. An important feature of the compensation under the Act is that it is payable periodically rather than in a lump sum, and as a rule it continues during disability or during life, as the case may be. Where the impairment of earning capacity does not exceed 10 per cent, the compensation is to be fixed by the Board at a lump sum, unless the Board thinks it is not to the advan- tage of the workman to do so ; and the Board may in other cases fix the compensation at a lump sum if it sees fit, or may in cases of special need make lump sum advances with- out entirely commuting the compensation. Settling Compensation. All questions as to right to compensation and the amount of it are to be determined by the Board and its officers in- stead of in the Courts. The employer is required by the Act to notify the Board, within three days, of any accident happening to a workman in his employ which disables the workman from earning full wages. The workman must, as soon as practicable and before voluntarily leaving the employ, give notice of the accident to the employer, and, where the compensation is payable out of the accident fund (being in all cases under Schedule 1), also to the Board, and must make claim for compensation within six months. SYNOPSIS OF ACT. Forms supplied by the Board are required to be filled up by the workman, by the employer, and by the doctor, where one has been in attendance, and forwarded to the Board, and from the particulars given in these reports, and from an examination by a medical referee chosen by the Board, where that is deemed necessary, the Board will deal with the claim, award payment, make further investigation, or take such other action as seems proper. How New Law Differs from Old. Some respects in which the new law differs from the old may be mentioned. (1) Under the old law an injured workman, or the de- pendants of a deceased workman, had no right to recover anything unless negligence or breach of duty of the employer could be proved. If he was himself guilty of negligence contributing to the accident he could not recover. If he was injured by the negligence of a fellow-workman, or if it was a case in which he was presumed to have voluntarily as- sumed the risks of the employment, he was also barred from recovery. Under the new law none of these things is of any consequence. The new law recognizes that the misfortune of a crippled workman or the needs of his widow or children are not any less because he was at fault or someone else was not at fault, and it provides that the workman or his de- pendants are to be entitled to compensation irrespective of negligence or any other circumstance, except only, as before mentioned, that the accident must not be attributable solely to his own serious and wilful misconduct; and even where it is attributable solely to his serious and wilful misconduct he or his dependants will still be entitled if the accident results in serious disablement or death. (2) Under the old law the compensation was a lump sum fixed by the jury or by the judge, varying greatly in different cases. Under the new law there is greater certainty and a more equitable rule as to the amount. A very important feature of difference in the new law is the periodical con- tinued payment instead of a lump sum in settlement of dam- ages. Often lump sums in damages recovered by a widow or other dependants have been badly invested, fritted away, or otherwise lost, and the widow and children perhaps in the end left without support. The policy of the new Act is to provide continued support. (3) Under the old law if the employer and the employee did not agree upon a settlement the remedy was an action at law. This often meant long and expensive litigation, SYNOPSIS OF ACT. loss of time, and annoyance, and perhaps in the end not a very satisfactory result. The ordinary workman would often prefer to do without damages or compensation rather than undertake the trouble and expense; and perhaps he did not have the money and could not proceed without it. On the other hand, in many cases, claims for damages would be brought against employers without just grounds, and litiga- tion and expense would be entailed ; and often the employer, rather than fight the lawsuit, would settle. In this way tho old system of recovering damages by lawsuit was unsatis- factory and oppressive to one or both parties. Those who deserved compensation most often got nothing, while some not entitled harassed employers with vexatious actions. Under the new law all matters as to the right to and the amount of compensation are settled by the Board with little or no expense to the parties and without any appeal. Em- ployers in Schedule 1 will no longer be liable to pay or to be sued for damages, but will be liable only to contribute to the fund out of which the compensation is to be paid. Collection of Accident Fund. All employers in the industries in Schedule 1 are re- quired, without notice, and subject to penalty in case of default, to prepare and transmit to the Board statements of the amount of wages paid and expected to be paid by them. Assessments are levied for such sums as are deemed neces- sary for each class of industry, and after receiving notice of assessment employers must transmit the amount to the Board in accordance with the terms of the notice. Employ- ers failing to make pay roll returns may be assessed for suc'i sum as the Board deems right. In case of failure to pay any assessment judgment may be entered in the County or Dis- trict Court, or other means of enforcing payment may be taken, and while in default the employer will also be liable for the compensation payable in respect of any accidents to workmen in his employ. If any employer is for any reason not assessed, he is nevertheless liable to pay the amount for which he should have been assessed. Audits of pay roll statements will be made by the officers of the Board from time to time, and errors in amount or classification or other- wise will be corrected. Employers commencing any industry after an assessment has been made are required forthwith, under penalty, to notify the Board of the fact, and security may be required in the case of any industry carried on only temporarily. A person letting work to be done by contract is respon- sible for seeing that the contractor and any sub-contractor SYNOPSIS OF ACT. pay their proper assessment, and if he fails to do so is him- self personally liable to the Board for it. Wherever any employer included in Schedule 1 would be entitled to a lien under The Mechanics and Wage Earners Lien Act, it is the duty of the owner as defined by that Act to see that assessments are paid by such employer, and if he fails to do so the owner will be personally liable to pay them to the Board. Employers in the industries included in Schedule 2 are not required to contribute to the accident fund, but as acci- dents occur from time to time they must pay the compensa- tion fixed by the Board. They are, however, to be assessed for contribution to the expenses of administration. Accident Prevention. Employers in the industries included in any class may form themselves into an association for accident prevention and may make rules for that purpose, and when such rules are approved by the Board and by the Lieutenant-Governor in Council they shall be binding upon all the employers in the class. Such an association may, in accordance with sucii rules, appoint an inspector or expert for accident preven- tion, and his salary may be paid in whole or in part by the Board, and the Board may make a grant toward the expenses of any such association. Committee of Employers. Employers in any class in Schedule 1 may appoint a com- mittee of not more than five of their number to watch over their interests and to approve payment of claims or act as a medium of communication with the Board. Part II of the Act. Though not covered by the new code of law and not under the jurisdiction of the Board, it may be mentioned that, with the exception of farm laborers and menial and domes- tic servants, workmen omitted or excluded from Schedule 1 and Schedule 2 have, by Part II of the Act, had their right of action in the ordinary courts extended by the taking away of the employers' defences of common employment and assumed risk and by making contributory negligence only a ground for reduction of damages instead of a bar to recovery, and these workmen are thus in a better position than under the old law. SYNOPSIS OF ACT. Further Information. For full particulars as to what industries and what employers and workmen are covered by Part I of the Act, Schedule 1 and Schedule 2 (which will be found in their amended form at the end of the Act) should be referred to; and with them should be read sections 109, 69 (2), 2 (2), 3 (4), 6, 11, 12, 75, and paragraphs (p), (n), (d), (t), (fc) and (/) of 2 (1), and Regulations 43 to 50, 52, 53 and 63. A circular, known as Circular 3, contains this information in more convenient form. For more complete information upon other points the Act should also be perused. Copies of this synopsis printed in booklet form, copies of the Act and Regulations, or of Circular 3 above men- tioned, forms for pay roll statements, and forms for reports of accidents, or other information concerning the Act, may be obtained on application to The Workmen's Compensation Board, Normal School Buildings, Toronto. PROCLAMATION WHEREAS, 'by an Act passed 'by the Legislature of our Province of Ontario at the Session thereof held in the fourth year of Our Reign, intituled " The Workmen's Compensation Act," it is enacted by Section 3 thereof that where in any employment to which Part I of the said Act applies, personal injury by acci- cident arising out of and in the course of the employment is, after a day to be named by proclamation of the Lieutenant-Go vernor in Council, caused to a workman, his employer shall be liable to pro- vide or to pay compensation in the manner and to the extent thereinafter mentioned except as therein provided; AND WHEREAS it has appeared expedient to Our Lieutenant- Governor in Council that a Proclamation should now issue, nam- ing a day for the purpose aforesaid; NOW KNOW YE THAT, having taken the premises into Our Koyal Consideration, We, by and with the advice of Our Executive Council of Our Province of Ontario, and in the exercise of the power in US vested in this behalf by the said in part recited Act or otherwise howsoever, DO, 'by this Our Royal Proclamation, Hereby name midnight between the 31st day of December, 1914, and the 1st day of January, 1915, as the time from and after which compensation to workmen shall be provided or paid under and in accordance with the provisions of the said Act; Of all which premises all Our loving subjects and all other whom it doth or may in anywise concern are hereby required to take notice and govern themselves accordingly; IN TESTIMONY WHEREOF We have caused these Our letters to be made Patent and the Great Seal of Our said Province of Ontario to be hereunto affixed; WITNESS : HIS HONOUR SIR JOHN MORISON GIBSON, Knight Com- mander of Our Most Distinguished Order of St. Michael and St. George, A Colonel in Our Militia of Canada, etc., etc., etc., LIEUTENANT-GOVERNOR OF OUR PROVINCE OF ONTARIO, at Our Government House in Our City of Toronto, in Our said Province, this twenty-fourth day of September, in the Year of Our Lord one thousand nine hundred and fourteen, and in the fifth year of Our Reign. * By Command : W. J. HANNA, Provincial Secretary. [10] The Workmen's Compensation Act ONTARIO With Amendments of 1915 Note. Consolidated for convenience) references to the amendments being shown in Italics at the end of the sections. The Workmen s Compensation Act, 4 Geo. V., chap. 25, was passed 1st May, 1914, and became operative a$ respects payment of compensation on 1st January, 1915. The amending Act, 5 Geo. V., chap. 24, was passed 8th April, 1915, but by section 34 thereof all its provisions except those contained in sections 10, 93a and 98a of this consolida- tion have effect from the commencement of The Workmen's Compensation Act. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: PRELIMINARY. 1. This Act may be cited as. The Workmen's Compensa- short title. tion Act. 2. (1) In this Act:- SET**' (a) " Accident " shall include a wilful and an inten- "Accident." tional act, not being the act of the workman and a fortuitous event occasioned by a physical or natural cause; (6) "Accident Fund" shall mean the fund provided for the payment of compensation, outlays and expenses under this Act in respect of Schedule 1 ; (As amended by s. 1 (1), c. 24> 1915) ; (c) "Board" shall mean Workmen's Compensation "Board." Board ; (d) " Construction " shall include re-construction, re- "Construc- pair, alteration and demolition ; (e) " Dependants " shall mean such of the members of the family of a workman as were wholly or partly dependent upon his earnings at the time of his death or who but for the incapacity due to the accident would have been so dependent; cm i 12 WORKMEN'S COMPENSATION ACT. "Employer." ^ "Employer" shall include every person having in his service under a contract of hiring or appren- ticeship, written or oral, express or implied, any person engaged in any work in or about an in- dustry, and where the services of a workman are temporarily let or hired to another person by the person with whom the workman has entered into such a contract the latter shall be deemed to continue to be the employer of the workman whilst he is working for that other person ; (g) "Employment" shall include employment in an industry or any part, branch or department of an industry ; W "Industrial disease" shall mean any of the di- seases mentioned in Schedule 3, and any other disease which by the Regulations is declared to be an industrial disease; "industry." (^) "Industry" shall include establishment, undertak- ing, trade and business ; "invalid." (y) "Invalid" shall mean physically or mentally in- capable of earning; W "Manufacturing" shall include making, prepar- ing, altering, repairing, ornamenting, printing, finishing, packing, assembling the parts of and adapting for use or sale any article or com- modity ; (^ "Medical Referee" shall mean medical referee ap- pointed by the Board ; ,i ^Member (m) "Member of the Family" shall mean and include family " wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daugh- ter, grandson, granddaughter, stepson, step- daughter, brother, sister, half-brother and half- sister, and a person who stood in loco parentis to the workman or to whom the workman stood in loco parentis, whether related to him by con- sanguinity or not so related, and where the work- man is the parent or grandparent of an ille- gitimate child, shall include such child, and where the workman is an illegitimate child shall include his parents and grandparents ; WORKMEN'S COMPENSATION ACT. 13 (n) " Outworker " shall mean a person to whom ar- ticles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the ar- ticles or materials; (o) " ^Regulations " shall mean Kegulations made by the Board under the authority of this Act ; (p) "Workman" shall include a person who has "Workman. entered into or works under a contract of ser- vice or apprenticeship, written or oral, express or implied, whether by way of manual labour, or otherwise, but when used in Part I shall not include an outworker, or a person engaged in clerical work and not exposed to the hazards inci- dent to the nature of the work carried on in the employment. (As amended by s. 1 (2), c. 24, 1915). (2) The exercise and performance of the powers and Municipal duties of: (a) a municipal corporation; (6) a public utilities commission; (c) any other commission having the management and conduct of any work or service owned by or oper- ated for a municipal corporation; (d) the board of trustees of a police village; and (e) a school board, shall for the purposes of Part I be deemed the trade or business of the corporation, commission, board of trustees or school board, but the obligation to pay compensation under Part I shall apply only to such part of the trade or business as, if it were carried on by a company or an individual, would be an industry for the time being included in Schedule 1 or Schedule 2, and to workmen employed in or in connection therewith. corpora- tions, etc., and school boards. 14 WORKMEN S COMPENSATION ACT. PART I. Ocxmpensa- tion to workmen. Exceptions. COMPENSATION. 3. (1) Where in any employment to which this Part applies personal injury by accident arising out of and in the course of the employment is after a day to be named by proclamation of the Lieutenant-Governor in Council caused to a workman his employer shall be liable to provide or to pay compensation in the manner and to the extent hereinafter mentioned except where the injury: (a) does not disable the workman for the period of at least seven days from earning full wages at the work at which he was employed, or (&) is attributable solely to the serious and wilful mis- conduct of the workman unless the injury results in death or serious disablement. Presump- tions. (2) Where the accident arose out of the employment, unless the contrary is shown, it shall be presumed that it occurred in the course of the employment, and where the accident occurred in the course of the employment, unless the contrary is shown, it shall be presumed that it arose out of the employment. Compensa- tion to date from disability. (3) Where compensation for disability is payable it shall be computed and be payable from the date of the dis- ability. Section not to apply to casual em- ployment. (4) This section shall not apply to a person whose employ- ment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business. Employ- ers indi- vidually liable. 4. Employers in the industries for the time being included in Schedule 2 shall be liable individually to pay the com- pensation. Employers Mable to contri- bute to the acci- dent fund. Accident happening out of Ontario. 5. Employers in the industries for the time being in- cluded in Schedule 1, shall be liable to contribute to the 'acci- dent fund as hereinafter provided, but shall not be liable in- dividually to pay the compensation. 6. '(I) Where an accident happens while the workman is employed elsewhere than in Ontario, which would entitle him or his dependants to compensation under this Part if it had happened in Ontario, the workman or his dependants shall be entitled to compensation under this Part WORKMEN'S COMPENSATION ACT. 15 (a) If the place or chief place of business of the employer is situate in Ontario, and the residence and the usual place of employment of the work- man are in Ontario, and his employment out of Ontario has lasted less than six v months ; or (6) If the accident happens on a steamboat, ship or vessel, or on a railway, and the workman is a resident of Ontario and the nature of the employment is such that in the course of the work or service which the workman performs it is required to be performed both within and with- out Ontario. (2) Except as provided by subsection 1, no compensation shall be payable under this Part where the accident to the workman happens elsewhere than in Ontario. (3) Compensation payable in respect of an accident hap- whereem _ pening elsewhere than in Ontario shall, except where the g employer has fully contributed to the accident fund in re- llable - spect of all the wages of workmen in his employ who are engaged in the business or work in which the accident happens, be paid by the employer individually, and the busi- ness or work carried on elsewhere than in Ontario by an employer who has not so contributed to the accident fund shall be deemed to be in Schedule 2. (As amended by s. 2, c. 24, 1915. 7. (1) Where by the law of the country or place which the accident happens the workman or his dependants payable by are entitled to compensation in respect of it they shall be foreign bound to elect whether they will claim compensation wS?kman under the law of such country or pkce or under this Part 10 elect - and to give notice of such election, and if such election is not made and notice given it shall be presumed that they have elected not to claim compensation under this Part. (2) Notice of the election, where the compensation under HOW eiec- ,1 T , i i i ,1 i f -i n i n i tion to be this Jrart is payable by the employer individually, shall bemade. given to the employer, and where the compensation is pay- able out of the accident fund to the Board and shall be given in both cases within three months after the happening of the accident, or in case it results in death, within three months after the death or within such longer period as either before or 'after the expiration of such three months the Board may allow. 8. (1) Where a dependant is not a resident of Ontario Dependants he shall not be entitled to compensation unless by the law dent in" Ontario. 16 WORKMEN'S COMPENSATION ACT. Exception. where work man entitled to action Workman entitled to difference between compensa- tion under Act and amount collected. to rights of How election to be made. No right of action as between persons in Schedule 1. of the place or country in which he resides the dependants of a workman to whom an accident happens in such place or country if resident in Ontario would be entitled to com- pensation and where such dependants would be entitled to compensation under such law the compensation to which the non-resident dependant shall be entitled under this Part shall not be greater than the compensation payable in the like, case under that law. (2) Notwithstanding the provisions of subsection 1 the Board may award such compensation or sum in lieu of com- pensation to any such non-resident dependant as may be deemed proper and may pay the same out of the accident fund, or order it to be paid by the employer, as the case may be. (As amended by s. 3, c. 24, 1915). 9. (1) Where an accident happens to a workman in the course of his employment under such circumstances as en- title him or his dependants to an action against some person other than his employer the workman or his dependants if entitled to compensation under this Part may claim such compensation or may bring such action. (2) If an action is brought and less is recovered and collected than the amount of the compensation to which the workman or his dependants are entitled under this Part the difference between the -amount recovered and collected and the amount of such compensation shall be payable as compensation to such workman or his dependants. (3) If the workman or his dependants elect to claim compensation under this Part the employer, if he is indi- vidually liable to pay it, and the Board if the compensation is payable out of the accident fund shall be subrogated to the rights of the workman or his dependants and may maintain an action in his or their names against the per- son against whom the action lies and any sum recovered from him by the Board shall form part of the accident fund. (4) The election shall be made and notice of it shall be given within the time and in the manner provided by section 7. (5) This section shall not give any right to an employer in Schedule 1, or to a workman of an employer in Schedule 1, to bring an action against any employer in Schedule 1, but in any case where it appears to the satisfaction of the Board that a workman of an employer in any class in Schedule 1 is injured or killed owing to the negligence of an employer or the workman of an employer in another class in Schedule 1, the Board may direct that the compensation WORKMEN S COMPENSATION A< awarded in any such case shall be charged against the class to which such last mentioned employer belongs. (Added by 10. (1) Where the compensation is payable by the em- andcon _ ployer individually and a person, in this section referred to tractors, as 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 undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work the compensation which he would have been liable to pay if that workman had been immediately employed by him. (2) Subsection 1 shall not apply where the accident happens elsewhere than on or in or about the premises upon which the principal has undertaken to execute the work or which are otherwise under his control or management. (As- amended by s. 5, c. 24., 1915). (3) Where a person, whether carrying on an industry in- J eluded in Schedule 1 or not, in this section referred to as the principal, contracts with any other person, in this section re- merits ferred to as the contractor, for the execution by or under the contractor of the whole or any part of any work for the principal, it shall be tfae duty of the principal to see that any sum which the contractor or any sub-contractor is liable to contribute to the accident fund is paid, and if any such principal fails to do so he shall be personally liable to pay it to the Board, and the Board shall have the like powers and be entitled to the like remedies for enforcing payment as it possesses or is entitled to in respect of an assessment. (Added by s. 5, c. 24, 1915). (4) Where compensation or contribution to the accident fund is claimed from the principal, in this part reference to the principal shall be substituted for reference to the em- ployer, except that the amount of compensation or contribu- tion shall be calculated with reference to the earnings of the workman under the employer by whom he is immediately employed. (As amended by s. 5, c. 24, 1915). (5) Where the principal is liable to pay compensation or Right of contribute to the accident fund under this section he shall Ir be entitled to be indemnified by any person who should have paid the same, and all questions as to the right to and the amount of any such indemnity shall be determined by the Board. (As amended by s. 5, c. 24, 1915}. 18 WORKMEN S COMPENSATION ACT. (6) Nothing in this section shall prevent a workman claiming compensation or the Board collecting contribution to the accident fund from the contractor or any sub-con- tractor instead of the principal. " (As amended by s. 5, c. %k> 1915). H- Where compensation is payable out of the accident employer fund, a member of the family of an employer, or the depend- employed * . , ' { / as workman. a nts oi such member, shall not be entitled to compensation unless such member was at the time of the accident carried on the pay roll of the employer and his wages were included in the then last statement furnished to the Board under sec- tion 78 nor for the purpose of determining the compensation shall his earnings be taken to be more than the amount of his wages, as shown by such pay roll and statement. (As amended by s. 6, c. 24, 1915). Whe-re em- ployer carried on pay roll he and depen- dants en- titled to compensa- tion. 12. Where compensation is payable out of the accident fund and an employer carries himself on his pay roll at a salary or wage which the Board deems reasonable, but not exceeding the rate of $2,000 per annum, and includes such salary or 'wages in his then last statement furnished to the Board under section 78, such employer shall be deemed to be a workman within the meaning of this Act, and he or his dependants shall be entitled to compensation accordingly, but for the purpose of determining the compensation his earnings shall not be taken to be more than the amount of his salary or wages as shown by. such pay roll and statement. (As amended by s. 1 , c. 21+ , 1915). NO action 13. No action shall lie for the recovery of the compen- brougnt sation whether it is payable by the employer individually comp C ensa- r out of the accident fund, but all claims for compensation tion - shall be heard and determined by the Board. workman 14. If a workman receiving a weekly or other periodical entitled to & . / * compensa- payment ceases to reside in Ontario he shall not thereafter siding out be entitled to receive any such payment unless a medical " 10 * referee certifies that the disability resulting from the injury is likely to be of a permanent nature and if a medical referee so certifies and the Boards so directs the workman shall be entitled quarterly to the amount of the weekly .or other periodical payments accruing due if he proves in such man- ner as may be prescribed by the Regulations his identity and the continuance of the disability in respect of which the same is payable. 15. (1) The provisions of this Part shall be in lieu of all rights and rights of action, statutory or otherwise, to WORKMEN'S COMPENSATION ACT. 19 rhich a workman or his dependants are or may be entitled Slon* 1 ^ against the employer of such workman for or by reason any accident happening to him on or after the first day of January, 1915, while in the employment of such employer, and no action in respect thereof shall lie. (2) Any party to an action may apply to the Board for adjudication and determination of the question of the plain- tiff's right to compensation under this Part, or as to whether {JJ 1 the action is one the right to bring which is taken -awa^f by this Part, and such adjudication and determination shall be final and conclusive. (As amended by s. 8, c. 24* 1915). 16. It shall not be competent for a workman to agree with his employer to waive or to forego any of the benefits to which he or his dependants are or may become entitled waived, under this Part and every agreement to that end shall be absolutely void. 17. (1) Where the compensation is payable by an em- A a workman has upon the request his employer submitted himself for examination, or has between been examined by a duly qualified medical practitioner aminers, 6 * selected by himself, and a copy of the report of the medical InoeSlT" practitioner as to the workman's condition has been fup-Jf^Jg^f to nished in the former case by the employer to the workman referee. and in the latter case by the workman to the employer the Board may, on the application of either of them, refer the matter to a medical referee. (2) The medical referee to whom a reference is made certificate under the next preceding subsection or who has examined referee the workman by the direction of the Board under subsection wh( 1 of section 21, shall certify to the Board as to the condition of the workman and his fitness for employment, specifying where necessary the kind of employment, and if unfit, the cause of such unfitness, and his certificate unless the Board otherwise directs shall be conclusive as to the matters certi- fied. (As amended ly s. 10, c. 24, 1915). (3) If a workman does not submit himself for examina- tion when required to do so as provided by subsection 1 of examination section 21, or on being required to do so does not submit in^it. n himself for examination to a medical referee under that subsection or under subsection 1 of this section, or in any way obstructs any examination, his right to com- pensation or if he is in receipt of a weekly or other periodical payment his right to it shall be suspended until such ex- amination has taken place. 22#. Where in any case, in the opinion of the Board, i will be in the interest of the accident fund to provide a special treatment surgical operation or other special medical treatment for acasST workman, and the furnishing of the same by the Board is, in the opinion of the Board, the only means of avoiding heavy payment for permanent disability, the expense of such opera- tion or treatment may be paid out of the accident fund. (Added by s. 11 } c. 24, 1915). 23. Any weekly or other periodical payment to a work- Review man may be reviewed at the request of the employer or the workman, if the compensation is payable by the employer individually, or, if the compensation is payable out of the accident fund, of the Board's own motion or at the request of the workman and on such review the Board may put an 22 WORKMEN'S COMPENSATION ACT. end to or diminish or may increase such payment to a sum not beyond the maximum hereinafter prescribed. under 21. Where the workman was at the date of the accident un( ier twenty-one years of age and the review takes place m0 re than six months after the accident the amount of a weekly payment may be increased to the sum to which he would have been entitled if his average earnings had at the date of the accident been equal to what if he had not been injured he would probably have been earning at the date of the review. Oommuita- tlon of payments for lump sum. Lump sum to be paid to Board. 25. (1) Where the compensation is payable by an em- ployer individually, the employer may, with the consent of the workman or dependant to whom it is payable and with the approval of the Board, but not otherwise, and where it is payable out of the accident fund, the Board may commute the weekly or other periodical payments payable to a work- man or a dependant for a lump sum. (2) Where the lump sum is payable by the employer individually it shall be paid to the Board. Application (3) The lump sum may be i of lump sum. (a) applied in such manner as the workman or de- pendant may direct; (&) paid to the workman or dependant ; (c) invested by the Board and applied from time to time as the Board may deem most for the advan- tage of the workman or dependant ; (d) paid to trustees to be used and employed upon and subject to such trusts and for the benefit of such persons as, in case it is payable by the employer individually, the workman or dependant directs and the Board approves, or, if payable out of the accident fund, as may be desired by the workman or dependant and approved by the Board ; (e) applied partly in one and partly in another or others of the modes mentioned in clauses (&), (6), (c) and (d), as the Board may determine. WORKMEN'S COMPENSATION ACT. (4) Where the compensation is payable out of the accident fund, the Board may in any case where in its opinion the interest or pressing need of the workman or dependant war- rants it, advance or pay to or for the workman or dependant such lump sum as the circumstances warrant and as the Board determine. (Added by s. 32, c. 24, 1915). 26. (1) Where a weekly or other periodical payment commuta- is payable by the employer individually and has been con " tinned for not less than six months, the Board may on the application of the employer allow the liability therefor, to be commuted by the payment of a lump sum of such an amount as, if the disability is permanent, would purchase an im- mediate annuity from a life insurance company approved by the Board, equal to seventy-five per cent, of the annual value of the weekly or other periodical payments, and in other oases of such an amount as the Board may deem reasonable. (2) The sum for which a payment is commuted under subsection 1 shall be paid to the Board and shall be dealt sum - with in the manner provided by section 25. 27. (1) Where an employer insured by a contract insurance of an insurance company or any other underwrite is individually liable to make a weekly or other periodical weekly^ payment to a workman or his dependants and the payment periodical has continued for more than six months the liability shall, pa if the Board so directs before the expiration of twelve months from the commencement of the disability of the workman or his death, if the accident resulted in death, be commuted by the payment of a lump sum in accordance with the next preceding section, and the company or under- writer shall pay the lump sum to the Board, and it shall be dealt with in the manner provided by section 25. (2) This section shall not apply to a contract of insur- ance entered into before the passing of this Act. 28. The Board may require an employer who is in- dividually liable to pay the compensation to pay to Board a sum sufficient to commute in accordance with sec- sufficient , , , . ,. , i-i to commute. tion 26, any weekly or other periodical payments which are payable by the employer and such sum shall be applied by the Board in the payment of such weekly or other periodical payments as they from time to time become payable, but if the sum paid to the Board is insufficient to meet the whole of such weekly or other periodical payments the em- ployer shall nevertheless be liable to make such of them as fall due after the sum paid to the Board is exhausted, and if the sum paid is more than sufficient for that purpose the 24 WORKMEN S COMPENSATION ACT. excess shall be returned to the employer when the right to compensation comes to an end. (As amended by s. 12, c. 2^, 1915). 29. The Board may require an employer who is indi- empioyerto vidually liable to pay the compensation to insure his work- insure MS J j , A -j workmen, men and keep them insured against accidents in respect of which he may become liable to pay compensation in a company approved by the Board for such amount as the Board may direct, and in default of his doing so the Board may cause them to be so insured and may recover the ex- pense incurred in so doing from the employer in the siame way as payment of assessments may be enforced. (As amended by s. IS, c. 2J<, 1915). Where em- ployer in- sured Board may require Insurer to pay amount payable to employer directly tto Board. 3O. (1) Where an employer who is individually liable to pay the compensation is insured against his liability to pay compensation, the Board may require the insurance company or other underwriter to pay the sum which under the contract of insurance such company or underwriter would be liable to pay to the employer in respect of an accident to a workman who becomes, or whose dependants become, en- titled to compensation under this Part, directly to the Board in discharge or in discharge pro tanto of the compensation to which such workman or his dependants are found to be entitled. Notice to be given to insurer. Sec. 25 to apply. (2) In any case to which subsection 1 applies where a claim for compensation is made notice of the claim shall be given to the insurance company or other underwriter and to the employer, and the Board shall determine not only the question of the right of the workman or dependant to com- pensation but also the question whether the whole or any part of it should be paid directly by the insurance company or other underwriter as provided by subsection 1. (3) Section 25 shall apply to the compensation payable to the Board under subsection 1. 31- (1) Where the accident causes permanent dis- ability, either total or partial, or the death of the workman required ami tlie com P ens ation is payable by the employer individ- pay capital ually the Board may require the employer to pay to the In case of permanent disability employer may be sum, Board such sum as in its opinion will be sufficient with the interest thereon if invested so as to earn interest at the rate of 5 per cent, per annum to meet the future payments to be made to the workman or his dependants, and such sum when paid to the Board shall be invested by it and shall form a fund to meet such future payments. WORKMEN S COMPENSATION ACT. 25 ty for (2) The Board, instead of requiring the employer to make the payment provided for by subsection 1, may re- -^ - oom _ quire him to give such security as the Board may deem pensation sufficient for the future payments. 32. Where a right to compensation is suspended under compensa- the provisions of this Part no compensation shall be payable p^aMe respect of the period of suspension. durln suspens nsion. SCALE OF COMPENSATION. 33. (1) Where death results from an injury the amount f the compensation shall be : of deatn - (a) The necessary expenses of the burial of the work- man not exceeding $75 ; (6) Where the widow or an invalid husband is the sole dependant, a monthly payment of $20 ; (c) Where the dependants are a widow or an invalid husband and one or more children, a monthly payment of $20, with an additional monthly payment of $5 for each child under the age of 16 years, not exceeding in the whole $40 ; (d) Where the dependants are children, a monthly pay- ment of $10 to each child under the age of 16 years, not exceeding in the whole $40 ; (e) Where the dependants are persons other than those mentioned in the foregoing clauses, a sum reasonable and proportionate to the pecuniary loss to such dependants occasioned by the death, to be determined by the Board, but not exceed- ing to the parents or parent $20 per month, and not exceeding in the whole $30 per month. (As amended by s. 14 (a), c. 24, 1915). (2) In the case provided for by clause (e) of subsection 1. the payments shall continue onlv so long as in the opinion u / T-> i i 111 -i i -i i clause (f) oi the Board it might reasonably have been expected had the of subsec- workman lived he would have continued to contribute to the support of the dependants. (As amended by s. 14 (&), c. 24- 1915). (3) Where there are both total and partial dependants theg^to de-" compensation may be allotted partly to the total and partly pendants. to the partial dependants. 26 WORKMEN S COMPENSATION ACT. Board may apply pay- ment for benefit of children. (4) Where the Board is of opinion that for any reason it is necessary or desirable that a payment in respect of a child should not be made directly to its parent, the Board may direct that the payment be made to such person or be applied in such manner as the Board may deem most for the advantage of the child. Compensa- tion not to exceed percentage of wages in certain cases. (5) Exclusive of the expenses of burial of the work- man, the compensation payable as provided by subsection 1 shall not in any case exceed 55 per cent, of the average monthly earnings of the workman mentioned in section 37, and if the compensation payable under that subsection would in any case exceed that percentage it shall be reduced accord- ingly, and where several persons are entitled to monthly pay- ments the payments shall be reduced proportionately. (As amended by s. 14 (c)> c. 2 Marriage of widow. 34. (1) If a dependant widow marries the monthly payments to her shall cease, but she shall be entitled in lieu of them to a lump sum equal to the monthly payments for two years and such lump sum shall be payable within one month after the day of her marriage. Exception. (2) Subsection 1 shall not apply to payments to a widow in respect of a child. When pay- ments to child to cease. 35. A monthly payment in respect of a child shall cease when the child attains the age of 16 years or dies. Expense of medii'cal 36. Where a workman leaves no dependants such sum as where no ce tne Board may deem reasonable for the expenses of his medi- dependants. ca ] attendance, nursing, care and maintenance and of his burial shall be paid to the persons to whom such expenses are due. (As amended by s. 15, c. 24, 1915}. Compensa- tion in case of permanent total dis- ability. Permanent partial disability. 37. Where permanent total disability results from the injury the amount of the compensation shall be a weekly payment during the life of the workman equal to 55 per cent, of his average weekly earnings during the previous twelve months if he has been so long employed, but if not thsn for any less period during which he has been in the employment of his employer. 38. (1) Where permanent partial disability results from the injury the compensation shall be a weekly payment of 55 per cent, of the difference between the average weekly earnings of the workman before the accident and the average amount which he is earning or is able to earn in some suit- WORKMEN'S COMPENSATION ACT. 27 able employment or business after the accident and the com- pensation shall be payable during the lifetime of the work- man. (2) Where the impairment of the earning capacity of workman does not exceed 10 per cent, of his earning capacity sum. instead of such weekly payment the Board shall, unless in the opinion of the Board it would not be to the advantage of the workman to do so, direct that such lump sum as may be deemed to be the equivalent of it shall be paid to the work- man. 39. Where temporary total disability results from injury the compensation shall be the same as that prescribed disability. by section 37, but shall be payable only so long as the dis- ability lasts. 40. Where temporary partial disability results from injury the compensation shall be the same as that prescribed disabmt y by section 38, but shall be payable only so long as the dis- ability lasts and subsection 2 of that section shall apply. 41. (1) Average earnings shall be computed in such a manner as is best calculated to give the rate per week or month at which the workman was remunerated but not so as in any case to exceed the rate of $2,000 per annum. (2) Where owing to the shortness of the time durin which the workman was in the employment of his employ er or the casual nature of his employment or the terms of it, it is impracticable to compute the rate of remuneration as of the date of the accident regard may be had to the average weekly or monthly amount which during the twelve months previous to the accident was being earned by a person in the same grade employed at the same work by the same employer, or if there is no person so employed then by a person in the same gra^e employed in the same class of em- ployment and in the same locality. (3) Where the workman has entered into concurrent con- where t-w> tracts of service with two or more employers under which be worked at one time for one of them and at another time for another of them his average earnings shall be computed on the basis of what he would probably have been earn- ing if he had been employed solely in the employment of the employer for whom he was wording at the time of the accident. 28 WORKMEN S COMPENSATION ACT. Meaning of employment by same employer concur- rently. (4) Employment by the same employer shall mean em- ployment by the same employer in the grade in which the workman was employed at the time of the accident uninter- rupted by absence from work due to illness or any other unavoidable cause. Special expenses not to be included. JMatters to be con- sidered In fixing payments. (5) Where the employer was accustomed to pay the work- man a sum to cover any special expenses entailed on him by the nature of his employment that sum shall not be reckoned as part of his earnings. (6) Where in any oase it seems more equitable, the Board may award compensation, having regard to the earnings of the workman at the time of the accident. (Added by s. 16, c. 24, 1915). 42. (1) In fixing the amount, of a weekly or monthly payment regard shall be had to any payment, allowance or benefit which the workman may receive from his employer during the period of his disability, including any pension, gratuity or other allowance provided wholly at the expense of the employer. (2) Where the compensation is payable out of the acci- dent fund any sum deducted from the compensation under subsection 1 may be paid to the employer out of the accident fund. Provision for fort- nightly or monthly payments. Payments in case of infant. 43. The Board may wherever it is deemed advisable pro- vide that the payments of compensation may be fortnightly or monthly instead of weekly, or where the workman or de- pendant is not a resident of Ontario or ceases to reside therein may otherwise fix the periods of payment or commute the compensation as the Board may deem proper. (As amended by s. 11, c. 24, 1915). 44. Where a workman or a dependant is an infant under the age of 21 years or under any other legal disability the compensation to which he is entitled may be paid to siich person or be applied in such manner as the Board may deem most for his advantage. Workmen's Compensa- tion Board, how consti- tuted. THE WORKMEN S COMPENSATION BOARD. 45. There is hereby constituted a Commission for the ad- ministration of this Part to be called "The Workmen's Com- pensation Board," which shall consist of three members to be appointed by the Lieutenant-Governor in Council and shall be a body corporate. (As amended by s. IS, c. 2J+, 7975). WORKMEN'S COMPENSATION ACT. 2 46. (1) One of the Commissioners shall be appointed by clmirman - the Lieutenant-Governor in Council to be the Chairman of the Board and he shall hold that office while he remains a mem- ber of the Board and another of the Commissioners shall be Vice _ C)hia;ir _ appointed by the Lieutenant-Governor in Council Vice- man. Chairman of the Board. (2) In the absence of the Chairman or in case of his inability to act or if there is a vacancy in the office, the Vice- Chairman may act as and shall have all the powers of the Chairman. 47. (1) In the case of the death, illness or absence f rom Appoin.t- Ontario of a Commissioner or of his inability to act from cause the Lieutenant-Governor in Council may appoint person to act pro tempore in his stead and the person so ap- pointed shall have all the powers and perform all the duties of a Commissioner. (2) Subsection 1 shall apply in the case of the Chair- man of the Board as well as in the case of any other member of it. 48. Where the Vice-Chairman appears to have acted for presumption or instead of the Chairman it shall be conclusively pre-ofainnan 06 " sumed that he so acted for one of the reasons mentioned m hasacted - the next preceding subsection. 49. Each Commissioner shall, subject to section 50, hold Tenure of office during good behaviour but may be removed at any time c?mmis- for Cause. sioners. 50. Unless otherwise directed by the Lieutenant-Gover-Ageiimit. nor in Council a Commissioner shall cease to hold office when he attains the age of 75 years. 51. Each of the Commissioners shall devote the whole of ^J^ 81011 " his time to the performance of his duties under this Part. whole time to duties. 52. The salary of the Chairman shall be $10,000 per Sauries, annum, the salary of the Vice- Chairman shall be $8,500 per annum, and the salary of the other Commissioner shall be $7,500 per annum, and such salaries shall be payable out of the Consolidated Revenue Fund. 53. The presence of two Commissioners shall be neces- Quonun - sary to constitute a quorum of the Board. 54. A vacancy in the Board shall not if there remain two vacancy not members of it impair the authority of such two members to authority if . two mem- act. bers re _ main. 30 WORKMEN S COMPENSATION ACT. Board 8 f **** ^ ne Board shall have the like powers as the Supreme Court for compelling the attendance of witnesses and of examining them under oath, and compelling the production of books, papers, documents and things. commiis- 56. (1) A Commissioner shall not directly or indirect- sionersto b- disqualified ]\ ; in certain (a) have, purchase, take or become interested in any industry, to which this Part applies or any bond, debenture or other security of the person owning or carrying it on ; (fr) be the holder of shares, bonds, debentures or other securities of any company which carries on the business of employers' liability or accident in- surance ; (c) have any interest in any device, machine, appliance, patented process or article which may be re- quired or used for the prevention of accidents. (2) If any such industry, or interest therein, or any such share^ bond, debenture, security, or thing comes to or be- comes vested in a Commissioner by will or by operation of law and he does not within three months thereafter sell and absolutely dispose of it he shall cease to hold office. offices of 57. The offices of the Board shall be situated in the city and sittings, of Toronto and its sittings shall be held there, except where it is expedient to hold sittings elsewhere, and in that case sit- tings may be held in any part of Ontario. Proceed- ings of Board. 58. The Commissioners shall sit at such times and con- duct their proceedings in such manner as they may deem most convenient for the proper discharge and speedy despatch of business. _ **^' (1) ^e Board shall appoint a Secretary and a and officers." 7 Chief Medical Officer and may appoint such auditors, actu- aries, accountants, inspectors, medical referees, other officers, clerks and servants as the Board may deem necessary for carrying out the provisions of this Part and may prescribe their duties and, subject to the approval of the Lieu tenant- Governor in Council, may fix their salaries. (As amended by s. 19, c. 24, 1915). of e offi r ce ( 2 ) Every person so appointed shall hold office during- the pleasure of the Board. Jurisdiction of Board. 6O. (1) The Board shall have exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Part and as to any matter or thing in WORKMENS COMPENSATION ACT. respect to which any power, authority or discretion is con- ferred upon the Board, and the action or decision of the Board thereon shall be final and conclusive and shall not be open to question or review in any court and no proceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceeding in any court or be removable by ccrtiorari or otherwise into any court. (2) Without thereby limiting the generality of the provi- sions of subsection 1, it is declared that such exclusive juris- diction shall extend to determining : (a) Whether any industry or any part, branch or department of any industry falls within any of the classes for the time being included in Schedule 1, and if so which of them ; (fc) Whether any industry or any part, branch or de- partment of any industry falls within any of the classes for the time being included in Schedule 2, and if so which of them ; c) Whether any part of any such industry constitutes a part, branch or department of an industry within the meaning of Part I. (3) Nothing in subsection 1 shall prevent the Board Power to v . i . 1-111 11 ii reconsider. from reconsidering any matter which has been dealt with by it or from rescinding, altering or amending any decision or order previously made, all which the Board shall have author- it to do. 61. The Board may award such sum as it may reasonable to the successful party to a contested claim for awarding ,, , , compensa- compensation or to any other contested matter as compensa- tton for ex- tion for the expenses he has been put to by reason of or p incidental to the contest and an order of the Board for the payment by an employer of any sum so awarded when filed in the manner provided by section 63 shall become a judg- ment of the Court in which it is filed and may be enforced accordingly. 62. (1) The Board may act upon the report of any of its Jjjfjj} may officers and any inquiry which it shall be deemed necessary to make may be made by any one of the Commissioners or by an officer of the Board or some other person appointed to make the inquiry, and the Board may act upon his report as to the result of the inquiry. (2) The person appointed to make the inquiry shall for the purposes of the inquiry have all the powers conferred upon the Board by section 55. WORKMEN S COMPENSATION ACT. menfof ~ ^- An r( l er f the Board for the payment of compensa- gnters of ^ion by an employer who is individually liable to pay the com- pensation or any other order of the Board for the payment of money made under the authority of this Part, or a copy of any such order certified by the Secretary to be a true copy may be filed with the clerk of any county or district court and when so filed shall become an order of that court and may be enforced as a judgment of the court. Regulations. 64. (1) The Board may make such Regulations as may be deemed expedient for carrying out the provisions of this Part and to meet cases not specially provided for by this Part, and a certified copy of every Regulation so made Lieutenant- shall be transmitted forthwith to the Provincial Secretary todfsLn6w. an d any Regulation may within one month after it has been received by the Provincial Secretary be disallowed by the Lieutenant-Governor in Council. (2) Every Regulation which is approved by the Lieuten- ant-Governor in Council shall immediately after approval or on the day named by him for that purpose become effective, and after the period for disallowance has expired every other Regulation which has not been disallowed shall become effec- tive and every Regulation which has become effective shall be forthwith published in the Ontario Gazette. (3) Every person who contravenes any such Regulation after it has become effective or any rule of an association formed as provided by section 101, which has been approved and ratified as provided by that section shall for every con- travention incur a penalty not exceeding $50. (4) Where an action in respect of an injury is brought ri?ht 1 to an ' S a g ainst an employer by a workman or a dependant the Board shall have jurisdiction upon the application of the employer to determine whether the workman or dependant is entitled to maintain the action or only to compensation under Part I, and if the Board determines that the only right of the work- man or dependant is to such compensation the action shall be forever stayed. Penalty. Determina- tion of bring action. Audit of accounts. 65. The accounts of the Board shall be audited by the Provincial Auditor or by an auditor appointed by the Lieu- tenant-Governor in Council for that purpose and the salary or remuneration of the last mentioned auditor shall be paid by the Board. Report to Lieutenant- Governor. 66. (1) The Board shall on or before the 15th day of January in each year make a report to the Lieutenant- Governor of its transactions during the next preceding calen- dar year and such report shall contain such particulars as the Lieutenant-Governor in Council may prescribe. WORKMEN S COMPENSATION ACT. (2) Every such report shall be forthwith laid before Assembly if the Assembly is then in session and if it is n then in session within fifteen days after the opening of the next session. 33 67. The Superintendent of Insurance or an officer of Department named by him for that purpose shall once in each year and oftener if so required by the Lieutenant-Gov- into affairs - ft >i .. T re 11* /.ana business ernor in Council examine into the anairs and business oiof Board, the Board for the purpose of determining as to the suffi- ciency of the accident fund and shall report thereon to the Lieutenant-Governor in Council. CONTRIBUTION BY THE PROVINCE. 68. To assist in defraying the expenses incurred in administration of this Part there shall be paid to the out of the Consolidated Revenue Fund such annual sum nottration. exceeding $100,000 as the Lieutenant-Governor in Council may direct. ACCIDENT FUND. 69. (1) An accident fund shall be provided by butions to be made in the manner hereinafter provided, bvtobe ... p -i f ,T_" provided. the employers in the classes or groups 01 industries, for the i -i i i n i i -I i / Oompensa- time being included in Schedule 1, and compensation pay- tion pay- able in respect of accidents which happen in any industry iSJent included in any of such classes or groups, shall be pay-^rtoin able and shall be paid out of the accident fund. cases. (2) Notwithstanding the generalitv of the description of industries ., v / , ., ,. \ . 6 . , , /. o V J 1 i .fin Schedule the classes lor the time being included in Schedule 1 none 01 2 not to the industries included in Schedule 2 shall form part of or contribut - be deemed to be included in any of such classes, unless it is added to Schedule 1 by the Board under the authority con- ferred by this Part. 70. Where at any time there is not money available payment of the compensation which has become due, without resorting to the reserves the Board may pay such compensa-gonsoWdted tion out of the reserves and shall make good the amount with- Fund. drawn from the reserves by making a special assessment upon the employers liable to provide the compensation or by in- cluding it in a subsequent annual assessment, or where it is for any reason deemed inexpedient to withdraw the amount required from the reserves the Lieutenant-Governor in Coun- cil may direct that the same be advanced out of the Con- solidated Revenue Fund and in that case the amount ad- vanced shall be collected by a special assessment and when collected shall be paid over to the Treasurer of Ontario. '34 WORKMENS COMPENSATION ACT. SSJto VC 71 - It sna11 k 6 tne dut y of the Board at all times to main- ta * n tne acc ident fund so that with the reserves, exclusive of the special reserve, it shall be sufficient to meet all the pay- ments to be made out of the fund in respect of compensation as they become payable and so as not unduly or unfairly to burden the employers in any class in future years with pay- ments which are to be made in those years in respect of acci- dents which have previously happened. 72 - C 1 ) (Sub J ect to section 91 it shall not be obligatory upon the Board to provide and maintain a reserve fund which shall at all times be equal to the capitalized value of the payments of compensation which will become due in future years unless the Board shall be of opinion that it is necessary to do so in order to comply with the provisions of section 71. (2) It shall not be necessary that the reserve fund shall be uniform as to all classes but subject to sections 71 and 91 it shall be discretionary with. the Board to provide for a larger reserve fund in one or more of the classes than in an- other or others of them. not specific- ^' ally m- tries of : eluded in classes. or business connected with the Indus- Lumbering, mining, quarrying, fishing, manufacturing, building, construction, engineering, transporta- tion, operation of electric power lines, water- works and other public utilities, navigation, operation of boats, ships, tugs and dredges, opera- tion of grain elevators and warehouses; team- ing, scavenging and street cleaning; painting, decorating and renovating, dyeing and cleaning ; or any occupation incidental thereto or immediately con- nected therewith, not included in Schedule 2, is not in- cluded in any of the classes mentioned in Schedule 1, the Board shall assign it to an appropriate class or form an addi- tional class or classes embracing the trades or businesses not so included, and until that is done except in so far as it may be otherwise provided by the Regulations such trades and businesses shall together constitute a separate group or class and shall be deemed to be included in Schedule 1. of BSaVd tion 74 ~ (1) The Board shall have jurisdiction and author- ity to : ( a ) re-arrange any of the classes for the time being included in 'Schedule 1, an^ withdraw from any class any industry included in it and transfer of elates. WORKMEN'S COMPENSATION ACT. 35 it wholly or partly to any other class or form it into a separate class, or exclude it from the opera- tion of Part I ; b) establish other classes including any of the indus- g^NJJJ. 1 - tries which are for the time being included in classes. Schedule 2, or are not included in any of the classes in Schedule 1 ; (c) add to any of the classes for the time being in-^JiS* eluded in Schedule 1, any industry which is not included in any of such classes. (2) Where in the opinion of the Board the hazard to work- ment 3? n men in any of the industries embraced in a class is less than bul that in another or others of such industries, or where any other reason it is deemed proper to do so, the Board may sub-divide the class into sub-classes and if that is done the Board shall fix the percentages or proportions of the contri- butions to the accident fund which are to be payable by the employers in each sub-class. (3) Separate accounts shall be kept of the amounts col- accounts lected and expended in respect of every class and sub-class, f or each P but for the purpose of paying compensation the accident gJSf^Sis. fund shall, nevertheless, be deemed one and indivisible. (4) Where a greater number of accidents has happened in amounts of any industry than in the opinion of the Board ought to have: happened if proper precautions had been taken for the vention of accidents in it, or where in the opinion of the Board the ways, works, machinery or appliances in any in- dustry are defective, inadequate or insufficient the Board may so long as such condition in its opinion continues to exist add to the amount of any contribution to the accident fund for which an employer is liable in respect of such in- dustry such a percentage thereof as the Board may deem just and may assess and levy the same upon such employer, or the Board may exclude such industry from the class ia Additional which it is included, and if it is so excluded the employer percentage, shall be individually liable to pay the compensation to which any of his workmen or their dependants may there- after become entitled and such industry shall be included in Schedule 2. (5) Any additional percentage levied and collected under andappiioa- the next preceding subsection shall be added to the accident ditionifper- fund or applied in reduction of the assessment upon the cen ' tag - other employers in the class or sub-class to which the employer from whom it, is collected belongs as the Board may de- termine. 36 WOBKMEN S COMPENSATION ACT. With draw- ing small industries from Employers In indus- tries with- drawn under is.s. 1 may elect to become members of class. 75. (1) The Board may in the exercise of trie powers conferred by the next preceding section withdraw or exclude from a class industries in which not more than a stated num- ber of workmen are usually employed and may afterwards add them to the class or classes from which they have been withdrawn, and any industry so withdrawn or excluded shall not thereafter be deemed to be included in 'Schedule 1 or Schedule 2. (2) Where industries are withdrawn or excluded from a class under the authority of subsection 1, an employer in any of them may, nevertheless, elect to become a member of the class to which but for the withdrawal or exclusion he would have belonged, and if he so elects he shall be a member of that class and as such liable to contribute to the accident fund, and his industry shall be deemed to be em- braced in Schedule 1. election* of the election shall be given to the Secretary of the Board and the election shall be deemed to have been made when the notice is received by him. requires. When Regula- tions become effective. powers conferred by the next preceding two sec- tions may be exercised from time to time and as often as in th e opinion of the Board occasion may require. 77. A Regulation or order made by the Board under the authority of clause (a) or clause (6) of subsection 1 of sec- tion 74, shall not have any force or effect unless approved by the Lieutenant-Governor in Council, and when so approved Publication. . -M i -i T -i -i i r\ /- 1111 it shall be published in the Ontario (jazette and shall take effect on the expiration of one month from the first publica- tion of it in the Ontario Gazette. Statements to be fur- STATEMENTS TO BE FURNISHED BY EMPLOYERS. 78. (1) Subject to the Regulations every employer shall not later than three months before the day named by procla- mation as mentioned in section 3 and yearly thereafter on or before such date as shall be prescribed by the Board and at such other time or times as it may by order or regula- tion of the Board be required, prepare and transmit to the Board a statement of the amount of the wages earned by all his employees during the year then last past, or any part thereof specified by the Board, and of the amount which he estimates he will expend for wages during the then current year or any part thereof specified by the Board, and such additional information as the Board may require, both veri- fied by the statutory declaration of the employer or the manager of the business, or where the employer is a corpora- WORKMEN S COMPENSATION" ACT. tion by an officer of the corporation having a personal knowl- edge of the matters to which the declaration relates. (As amended by s. 20, c. 24, 1915). (2) Where the business of the employer embraces mor e than one branch of business or class of industry the Board as to . _ 111 oFt may require separate statements to be made as to each branch etc. or class of industry, and such statements shall be made, veri- fied, and transmitted as provided by subsection 1. (3) If any employer does not make and transmit to t Board the prescribed statement within the prescribed time statements. the Board may base any assessment or supplementary assess- ment thereafter made upon him on such sum as in its opinion is the probable amount of the pay roll of the employer and the employer shall be bound thereby, but if it is afterwards as- certained that such amount is less than the actual amount of the pay roll the employer shall be liable to pay to the Board the difference between the amount for which he was assessed and the amount for which he would have been assessed on the basis of his pay roll. (4) If an employer does not comply with the provisions of Penalty. subsection 1 or subsection 2, or if any statement made in pursuance of their provisions is not a true and accurate state- ment of any of the matters required to be set forth in it the employer for every such non-compliance and for every such statement shall incur a penalty not exceeding $500. 79. (1) The Board and any member of it, and an J officer or person authorized by it for that purpose shall have counts and the right to examine the books and accounts of the employer employer. and to make such other enquiry as the Board may deem necessary for the purpose of ascertaining whether any state- ment furnished to the Board under the provisions of section 78 is an accurate statement of the matters which are re- quired to be stated therein or of ascertaining the amount of the pay roll of any employer, or of ascertaining whether any industry or person is under the operation of Part I and whether in Schedule 1 or Schedule 2, and for the purpose of any such examination and enquiry the Board and the person so appointed shall have all the powers which may be conf erred Rev stat on a commissioner appointed under The Public Inquiries - ** Act. (As amended by s. 21, c. 24, 1915). (2) An employer and every other person who obstructs hinders the making of the examination and inquiry men-struction. tioned in subsection 1 or refuses to permit it to be made shall incur a penalty not exceeding $500. WORKMEN S COMPENSATION ACT. (3) Every member of the Board and every officer or per- son authorized by it to make examination or inquiry under declarations, this section shall have power and authority to require and take affidavits, affirmations or declarations as to any matter of such examination or inquiry and to take statutory declarations required under section 78, and in all such cases to administer oaths, affirmations and declarations and certify to the same having been made. (Added by s. 21, c. 24, 1915). ma?bT ent with pay Penalty. Board may relieve from penalty. 80. (1) If a statement is found to be inaccurate the as- sessment shall be made on the true amount of the pay roll as ascertained by such examination and enquiry or if an assess- ment has been made against the employer on the basis of his pay roll being as shown by the statement the employer shall pay to the Board the difference between the amount for which he was assessed and the amount for which he would have been assessed if the amount of the pay roll had been truly stated, and by way of penalty a sum equal to such difference. (2) The Board if satisfied that the inaccuracy of the statement was not intentional and that the employer honestly desired to furnish an accurate statement, may relieve him from the payment of the penalty provided for by subsec- tion 1 or any part of it. have d right ^' W ^" ne Board and any member of it and any offi- to inspect cer or person authorized by it for that purpose shall have premises of , . , x ,, 111 employer. the right at all reasonable hours to enter into the establish- ment of any employer who is liable to contribute to the accident fund and the premises connected with it and every part of them for the purpose of ascertaining whether the ways, works, machinery or appliances therein are safe, ade- quate and sufficient and whether all proper precautions are taken for the prevention of accidents to the workmen em- ployed in or about the establishment or premises and whether the safety appliances or safeguards prescribed by law are used and employed therein, or for any other purpose which the Board may deem necessary for the purpose of determining the proportion in which such employer shoul'i contribute to the accident fund. ( 2 ) An employer and every other person who obstructs or hinders the making of any inspection made under the authority of subsection 1, or refuses to permit it to be made, shall incur a penalty not exceeding $500. . 82 - (1) ^ T o officer of the Board and no person author- i zec * to ma ke an inquiry under this Part shall divulge or allow to 'be divulged except in the performance of his duties or under the authority of the Board any information obtained WORKMEN'S COMPENSATION ACT. 39f by him or which has come to his knowledge in making or in connection with an inspection or inquiry under this Part. (2) Every person who contravenes any of the provisions Penalty. of subsection 1 shall incur a penalty not exceeding $50. 83. The penalties imposed by or under the authority of ^ this Part shall be recoverable under The Ontario Summary c jjgj Convictions Act and when collected shall be paid over to p the Board and shall form part of the accident fund. c e j5 ASSESSMENTS. 84. (1) The Board shall before the day named by Lament. proclamation as mentioned in section 3 make a pro- visional assessment on the employers in each class of such sum as in the opinion of the Board will be sufficient to meet the claims for compensation which will be pay- able by that class for the first year after the day so named and to meet the expenses of the Board in the administration of this Part for the year, and also to provide a reserve fund to pay the compensation payable in future years in respect of claims in that class for accidents happening in that year, of such an amount as the Board may deem necessary to prevent the employers in future years from being unduly or unfairly burdened with payments which are to be made in those years in respect of accidents which have previously happened. (2) The sums to be so assessed may be either a percent- HOW assess- V . i n f j-i n ./ Al mentmay age of the pay rolls of the employers or a specific sum as the be based. Board may determine. (Subsection 3 of s. 84 repealed by s. 22, c. 2J+, 1915). 85. (1) The Board shall in every year thereafter and levy upon the employers in each of the classes such per- ments - centage of pay roll or such other rate or such specific sum as, allowing for any surplus or deficit in the class, it shall deem sufficient to pay the compensation during the current year in respect of injuries to workmen in the industries within the class, and to provide and pay the expenses of the Board in the administration of this Part for that year or so much thereof as may not be otherwise provided for, and also to provide a similar reserve fund to that mentioned in subsec- tion 1 of section 84 ; and such assessments may, if the Board sees fit, be levied provisionally upon the estimate of pay roll given by the employer or upon an estimate fixed by the Board and, after the actual pay roll has been ascertained, adjusted to the correct amount ; and the payment of assessments may, 40 WORKMEN S_ COMPENSATION ACT. if the Board deems fit, be divided into instalments. (As amended by s. 23, c. 24, 1915). Deduction ^ (2) Where the assessment is based on the pay roll of the employer and there is included in it the wages or salary of a workman who has been paid more than at the rate of $2,000 per annum the excess shall be deducted from the amount of the pay roll and the assessment shall be based on the amount of it as so reduced. from pay roll of propor- tion of wages. Assessments need not (3) It shall not be necessary that the assessment upon the be uniform, employers in a class or sub-class shall be uniform, but they may be fixed or graded in relation to the hazard of each or of any of the industries included in the class or sub-class. Rates ( f assessment to be fixed by the Board. 86. (1) The Board shall determine and fix the percent- age, rate or sum for which each employer is assessed under the provisions of either of the next preceding two sections, or the provisional amount thereof, and such employer shall pay to the Board the amount or provisional amount of his assess- ment within fifteen days after notice of the assessment and of such amount has been given to him, or where payment is to be made by instalments he shall pay the first instalment within such fifteen days and the remaining instalment or instalments at the time or times specified in such notice. (As amended by s. 24 (a), c. 24, 1915). may Se tice (^) ^ ne no ^ ce ma 7 be sen ^ ^J P os ^ * the employer and served. shall be deemed to have been given to him on the day on which the notice was posted. (As amended by s. 24 (b), c. 24, 1915). Revision o assess- ments. (3) Wherever at any time it appears that a statement or estimate of pay roll upon which an assessment or provisional amount of assessment is based is too low the employer shall upon demand pay to the Board such sum, to be fixed by the Board, as shall be sufficient to bring the payment of assess- ment up to the proper amount; and payment of any such sum may be enforced in the same manner as the payment of any assessment may be enforced. (Added by s. 24 (c). c. 24, 1915). Insufficient assessment 87. If the amount realized from any assessment is in- up\VSup- < ' sum ci ent f r tne purpose for which the assessment was made, piementary the Board may make supplementary assessments to make up the deficiency, and section 86 shall apply to such assessments, but the Board may defer assessing for such deficiency until the next annual assessment is made and then include it in such assessment. (As amended by s. 25, c. 24, 1915). ments. WORKMEN'S COMPENSATION ACT. 41 88. (1) Where any deficiency in the amount realized any assessment in any class is caused by the failure of of the employers in that class to pay their share of the assess- any of them, ment or by any disaster or other circumstance which, in the opinion of the Board, would unfairly burden the employers in that class, the deficiency or loss shall be made up by sup- plementary assessments upon the employers in all the classes and the provisions of section 86 shall apply to such assess- ments, but the Board may defer assessing for such deficiency or loss until the next annual assessment is made and then include it in such assessment. (As amended by s. 26 (a), (6), c. 24, 1915). (2) The Board may where it deems proper add to the special assessment for any class or classes or for all the classes fund ' in Schedule 1 a percentage or sum for the purpose of raising a special fund to be laid aside and used to meet the loss aris- ing from any disaster or other circumstance which, in the opinion of the Board, would unfairly burden the employers in any class. (Added by s. 26 (c), c. 24, 1915). 89. (1) If and so far as any deficiency mentioned i the next preceding two sections is afterwards made good|^ wholly or partly by the defaulting employer the which shall have been made good shall be apportioned be- payment." tween the other employers in the proportions in which the deficiency was. made up by them by the payment of supple- mentary assessments upon them and shall be credited to them in making the next assessment. (2) If for any reason an employer liable to assessment notas- yei is not assessed in any year he shall nevertheless be liable to pay to the Board the amount for which he should have been jjgj assessed, and payment of that amount may be enforced in he should" v - At. i. have been the same manner as the payment of an assessment may be enforced. (3) Any sum collected from an employer under subsec- tien 2 shall be taken into account by the Board in making an assessment in a subsequent year on the employers in ilass or sub-class to which such employer belonged. assessment. 90. Notwithstanding that the deficiency arising from a de- Employer fault in the payment of the whole or part of any assessment {JaJ^npaia has been made up by a special assessment a defaulting em- 8 " 1118 ' ployer shall continue liable to pay to the Board the amount of every assessment made upon him or so much of it as re- mains unpaid. 'WORKMEN S COMPENSATION ACT. Lieutenant- Governor in Council may require supplement- ary assess- ments to be made. Tformation of reserves. Penalty for non-pay- ment of assessment. Additional liability for failure to pay as- sessment. Relieving clause. 91. Whenever the Lieutenant-Governor in Council is of opinion that the condition of the accident fund is such that with the reserves, exclusive of the special reserve, it is not sufficient to meet all the payments to be made in respect of compensation as they become payable and so as not unduly or unfairly to burden the employers in any class in future years with payments which are to be made in those years in respect of accidents which have happened in previous years, he may require the Board to make a supplementary assess- ment of such sum as in his opinion is necessary to be added to the fund, and when such a requirement is made the Board shall forthwith make such supplementary assessment and it shall be made in like manner as is hereinbefore pro- vided as to other special assessments and all the provisions of this Part as to special assessments shall apply to it. 92. In order to maintain the accident fund as provided by section 71 the Board may from time to time and as often as may be deemed necessary include in any sum to be assessed upon the employers and may collect from them such bums as may be deemed necessary for that purpose and the sums so collected shall form a reserve fund and shall be in- vested in securities in- which a trustee may by law invest trust moneys. 4 93. If an assessment or a special assessment is not paid at the time when it becomes payable, the defaulting em- ployer shall be liable to pay and shall pay as a penalty for his default such a percentage upon the amount unpaid as may be prescribed by the Regulations or may be determined by the Board. 93a. (1) Any employer who refuses or neglects to make or transmit any pay roll return or other statement required to be furnished by him under the provisions of sections 78 or 96, or who refuses or neglects to pay any assessment or special or supplementary assessment or the provisional amount of any assessment, or any instalment or part thereof, shall, in addition to any penalty or other liability to which he may be subject, pay to the Board the full amount or capitalized value, as determined by the Board, of the com- pensation payable in respect of any accident to a workman in his employ which happens during the period of such de- fault, and the payment of such amount may be enforced in the same manner as the payment of an assessment may be enforced. (2) The Board, if satisfied that such default was ex- cusable, may in any case relieve such employer in whole or in part from liability under this section. (Added by s. 27 c. 24, 1915). WORKMEN'S COMPENSATION ACT. 43 94. Where default is made in the payment of any assess- ment, or special assessment, or any part of it the Board may issue its certificate stating that the assessment was made, the amount remaining unpaid on account of it and the person by whom it was payable and such certificate or a copy of it certified by the Secretary to be a true copy may be filed with the clerk of any county or district court and when so filed shall become an order of that court and may be enforced as a judgment of the court against such person for the amount mentioned in the certificate. 95. (1) If an assessment or a special assessment or part of it remains unpaid for 30 days after it has become assessment payable, the Board, in lieu of or in addition to proceeding as municipal provided by the next preceding section, may issue its cer- co tificate stating the name and residence of the defaulting em- ployer, the amount unpaid on the assessment, the establish- ment in respect of which it is payable, and upon the delivery of the certificate to the clerk of the municipality in which the establishment is situate he shall cause the amount so remaining unpaid as stated in the certificate to be entered upon the collector's roll as if it were taxes due by the de- faulting employer in respect of such establishment, and it shall be collected in like manner as taxes are levied and collected and the amount when collected shall be paid over by the collector to the Board. (2) The collector shall be entitled to add five per . to thereof to the amount to be collected and to retain such per- percentage. centage for his services in making the collection. 96. (1) Where an industry coming within any of the J^f^ es classes for the time being included in Schedule 1 is estab- established tf t'GF lished or commenced after an assessment has been made assessment it shall be the duty of the employer forthwith to notify the m Board of the fact and to furnish to the Board an estimate of the probable amount of his pay roll for the remainder of the year, verified by a statutory declaration, and to pay to the Board a sum equal to that for which he would have been liable if his industry had been established or commenced be- fore such assessment was made or so much thereof as the Board may deem reasonable. (2) The Board shall have the like powers and be entitled gJJJjj* of to the like remedies for enforcing payment of the sum pay- able by the employer under subsection 1 as it possesses or is -entitled to in respect of assessments. (3) For default in complying with the provisions of sub- section 1 the employer shall incur the like penalty as is pro- vided with respect to defaults by section 78. 44 WORKMEN S COMPENSATION ACT. imfustr ^' C 1 ) W nere an employer engages in any of the in- temporariiy dustries for the time being included in Schedule 1 and has on rri not been assessed in respect of it, the Board, if it is of opinion that the industry is to be carried on only temporarily, may require the employer to pay or to give security for the pay- ment to the Board of a sum sufficient to pay the assessment for which the employer would have been liable if the industry had been in existence when the next preceding assessment was made. Powers of Board. Penalty. Liability o*f owner under Rev. Stat. c. 140, for con- tribution of em- ployer to accident fund. Priority ments and compensa- tion in dis- tribution of (2) The Board shall have the like powers and be entitled to the like remedies for enforcing payment of any such sum as it possesses or is entitled to in respect of assessments. (3) An employer who makes default in complying with the provisions of subsection 1 shall incur a penalty not ex- ceeding $200 and an additional penalty not exceeding $20 per day for Qvery day on which the default continues. 98. In the case of a work or service performed by an employer in any of the industries for the time being included in Schedule 1 -for which the employer would be entitled to a lien under The Mechanics' and Wage Earners' Lien Act it shall be the duty of the owner as defined by that Act to see that any sum which the employer is liable to contribute to the accident fund is paid and if any such owner fails to do so he shall be personally liable to pay it to the Board, and the Board shall have the like powers and be entitled to the like remedies for enforcing payment as it possesses or is entitled to in respect of an assessment. . (1) There shall be included among the debts which, under The Assignments and Preferences Act, The Trustee Act, and The Ontario Companies Act, are, in the dis- tribution of the property, in the case of an assignment or death or in the distribution of the assets of a company being wound up, under the said Acts respectively, to be paid in priority to all other debts, the amount of any assessment or compensation the liability wherefor accrued before the date of the assignment or death or before the date of the com- mencement of the winding up, and the said Acts shall have effect accordingly. (2) When the compensation is a periodical payment the liability in respect thereof shall, for the purposes of this section, be taken to be the amount of the lump sum, to be determined by the Board, for which the periodical payments may be commuted. (3) Priority in respect of any individual claim for com- pensation shall not exceed $500. (Added ly s. 28, c. 24, 1915). WORKMEN'S COMPENSATION ACT. 45 RETURNS OF ACCIDENTS. 99._(1) Every employer shall within three days the happening of an accident to a workman in his employment ^j^ by which the workman is disabled from earning full wages notify the Board in writing of the : (a) happening of the accident and nature of it; (6) time of its occurrence; (c) name and address of the workman; ( d) place where the accident happened ; (e) name and address of the physician or surgeon, if any, by whom the workman was or is attended for the injury; and shall in any case furnish such further details and par- Additional ticulars respecting any accident or claim to compensation a s lnformation - the Board may require. (As amended by s. 29, c. 24, 1915). (2) For every contravention of subsection 1 the employer Penalty. ?hall incur a penalty not exceeding $50. INDUSTRIAL DISEASES. 1OO. (1) Where a workman suffers from an industrial ggj^rtai disease and is thereby disabled from earning full wages at the work at which he was employed or his death is caused by an accidents. industrial disease and the disease is due to the nature of any employment in which he was engaged at any time within twelve months previous to the date of his disablement, whether under one or more employments the workman or his dependants shall be entitled to compensation as if the disease were a personal injury by accident and the disable- ment were the happening of the accident, subject to the modifications hereinafter mentioned, unless at the time of entering into the employment he had wilfully and falsely represented himself in writing as not having previously suffered from the disease. (2) Where the compensation is payable by an employer By whom individually it shall be payable by the employer who last em-Son^pa^ ployed the workman during such twelve months in the em- a ployment to the nature of which the disease was due. (3) The workman or his dependants if so required shall games of furnish the employer mentioned in the next preceding su b- ^gj*^ 1 * section with such information as to the names and addresses of nished by all the other employers by whom he was employed in the claimants - WORKMEN S COMPENSATION ACT. Ijast em- ployer ma y bring in former employers. Where disease result of gradual process, for- mer employ- ers to con- tribute. How com- pensation to be fixed. Presump- tions as to disease be- ing due to nature of employ- ment. Right to compensa- tion wftiere d'iseajse is result of an injury not to be affected. employment to the nature of which the disease was due dur- ing such twelve months as such workman or his dependants may possess, and if auch information is not furnished or is not sufficient to enable that employer to take the proceedings mentioned in subsection 4 that employer upon proving that the disease was not contracted while the workman was in his employment shall not be liable to pay compensation. (4) If that employer alleges that the disease was in fact contracted while the workman was in the employment of some other employer he may bring such employer before the Board and if the allegation is proved that other employer shall be the employer by whom the compensation shall be paid. (5) If the disease is of such a nature as to be contracted by a gradual process any other employers who during such twelve months employed the workman in the employment to the nature of which the disease was due shall be liable to make to the employer by whom the compensation is payable such contributions as the Board may determine to be just. (6) The amount of the compensation shall be fixed with reference to the earnings of the workman under the em- ployer by whom the compensation is payable and the notice provided for by section 20 shall be given to the employer who last employed the Avorkman during such twelve months in the employment to the nature of which the disease was due and the notice may be given notwithstanding that the workman has voluntarily left the employment. (7) If the workman at or immediately before the date of the disablement was employed in any process mentioned in the second column of Schedule 3 and the disease, contracted is the disease in the first column of the Schedule set opposite to the description of the process the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved. (8) Nothing in this section shall affect the right of a workman to compensation in respect of a disease to which this section does not apply if the disease is the result of an injury in respect of which he is entitled to compensation under this Part. FORMATION OF ASSOCIATIONS AND COMMITTEES. ttonJof' 1M - (!) The employers in any of the classes for the employers time being included in Schedule 1 . may form themselves formed. into an association for accident prevention and may make rules for that purpose. WORKMEN S COMPENSATION ACT. (2) If the Board is of opinion that an association fonned sufficiently represents the employers in the tries included in the class, the Board may approve rules, and when approved by the Board and by the I^ ant-Governor in Council they shall be binding on all the em- ployers in industries included in the class. (3) Where an association under the authority of its appoints an inspector or an expert for the purpose of acci- of inspector dent prevention, the Board may pay the whole or any part out of ao of the salary or remuneration of such inspector or expert C( out of the accident fund or out of that part of it which is at the credit of any one or more of the classes as the Board may deem just. (4) The Board may in any case where it deems proper make a grant toward the expenses of any such association. (Added by 8.' 30, c. 24, 1915). (5) Any moneys paid by the Board under this section ^gJJ* ^go- shall be charged against the class represented by such asso- ci;ajtl ' ons - ciation and levied as part of the assessment against such class. (Added by s. 30, c. 24, 1915). (6) The word " class " in this section shall include class or such part of a class or such number of classes or parts of classes in Schedule 1 as may be approved by the Board. (Added by s. 30, c. 24, 1915). 1O2. "(1) The employers in any of the classes for the committee time being included in Schedule 1 may appoint a Committee pioyers. of themselves, consisting of not more than five employers, to watch over their interests in matters to which this Part relates. (2) Where a claim is for compensation for an injury which the employers in any such class would be liable, if t he Board is of the opinion that the Committee suffiiently repre-as topay- sents such employers, and the Committee certifies to Board that it is satisfied that the claim should be allowed, the' tion Board may act on the certificate and may also act upon the certificate of the Committee as to the proper sum to be awarded for compensation if the workman or dependant is satisfied with the sum named in the certificate. (3) The Committee may be the medium of tion on the part of the class with the Board munication. Contribu- tion by employers individu- ally liable to expenses of adminis- tration. WORKMEN S COMPENSATION ACT. CONTRIBUTION BY EMPLOYERS IN SCHEDULE 2. 1O3. Employers in industries for the time being included in Schedule 2 shall pay to the Board such proportion of the expenses of the Board in the administration of this Part as the Board may deem just and determine, and the sum pay- able by them shall be apportioned between such employers and assessed and levied in like manner as in the case of assess- ments for contributions to the accident fund, and the pro- visions of this Part as to making such assessments shall apply (mutatis mutandis) to assessments made under the authority of this section. AppMcation 1()4 Thig ^ ^^ ^^ ^ ^ ^ industries men - tioned in Schedules 1 and 2 and to such industries as shall be added to them under the authority of this Part and to em- ployments therein. Application of Part II to outwork- ers, clerks, and casual employees. Liability of employer for deflective ways, works, etc., and for negldgence of Ms servants. Rev. Stat. c. 161. PABT II. 1O5. Subject to section 109 sections 106 to 108 shall apply only to the industries to which Part I does not apply and to the workmen employed in such industries, but out- workers and persons engaged in clerical work and not ex- posed to the hazards incident to the nature of the work carried on in the employment and persons whose employment is of a casual nature and who are employed otherwise than for the purposes of the employer's trade or business, who are employed in industries under the operation of Part I but who are excluded from the benefit of the provisions of Part I, shall not by this section be excluded from the benefit of the provisions of sections 106 to 108. ( As amended l>y s. 81, c. 2Jf, 1915). 1Q6. (1) Where personal injury is caused to a workman by reason of any defect in the condition or arrangement of the ways, works, machinery, plant, buildings or premises con- nected with, intended for or used in the business of his em- ployer or by reason of the negligence of his employer or of any person in the service of his employer acting within the scope of his employment the workman or if the injury results in death the legal personal representatives of the workman and any person entitled in case of death shall have an action against the employer, and if the action is brought by the workman he shall be entitled to recover from the employer the damages sustained by the workman by or in consequence of the injury, and if the action is brought by the legal personal representatives of the workman or by or on behalf of persons entitled to damages under The Fatal Accidents Act they shall be entitled to recover such damages as they are entitled to under that Act. WORKMEN'S COMPENSATION ACT. 49 (2) Where the execution of any work is being carried i effect under any contract, and the person for whom the is done owns or supplies any ways, works, machinery, plant, buildings or premises, and by reason of any defect in the con- plant, 'etc. dition or arrangement of them personal injury is caused to a workman employed by the contractor or by any sub-contrac- tor,* and the defect arose from the negligence of the person for whom the work or any part of it is done or of some - person in his service and acting within the scope of his em- ployment, the person for whom the work or that part of the work is done shall be liable to the action as if the workman had been employed by him, and for that purpose shall be deemed to be the employer of the workman within the mean- ing of this Act, but any such contractor or sub-contractor shall be liable to the action as if this subsection had not been enacted but not so that double damages shall be recoverable for the same injury. (3) Nothing in subsection 2 shall affect any right or liabil- J' f ia c b i j i . ty ity of the person for whom the work is done and the con- ^Jf^^. tractor or sub-contractor as between themselves. See R.S.O. contractor. 1914, cap. 146, s. 4. (4) A workman shall not by reason only of his continuing in the employment of the employer with knowledge of t defect or negligence which caused his injury be deemed to knowledge. have voluntarily incurred the risk of the injury. See R.S.O. 1914, cap. 146, s. 6, last part. 107. A workman shall hereafter be deemed not to undertaken the risks due to the negligence of his fellow work- men and contributory negligence on the part of a workman shall not hereafter be a bar to recovery by him or by any person entitled to damages under The Fatal Accidents Att in an action for the recovery of damages for an injury sus- tained by or causing the death of the workman while in the service of his employer for whick the employer would other- wise have been liable. 108. Contributory negligence on the part of the workman contrtbu : shall nevertheless be taken into account in assessing damages in any such action. ing dam- 109. This Act shall not apply to farm labourers or Parm domestic or menial servants or their employers. SJddomee- 110. The Workmen s Compensation for Injuries Act, n&v stat> being Chapter 146 of the Eevised Statutes of Ontario, ' is hereby repealed. 111. This Part shall take effect on, from and after the Date when day named in the proclamation mentioned in section 3. Jake effect. 50 WORKMEN'S COMPENSATION ACT. SCHEDULE 1. INDUSTRIES THE EMPLOYERS IN WHICH ARE LIABLE TO CONTRIBUTE TO THE ACCIDENT FUND. (As altered by Regulations). Class 1. Lumbering; logging, river-driving, rafting, booming; saw-mills, shingle-mills, lath-mills; manufacture of veneer, excel- sior, staves, spokes, or headings; lumber yards (including the de- livery of lumber) carried on in connection with saw-mills; the creosoting of timbers. Class 2. Pulp and paper mills. Class 3. Manufacture of furniture, interior woodwork, organs, pianos, piano actions, canoes, small boats, coffins, wicker and rattan ware, mattresses, bed-springs, ^artificial limbs, cork articles, cork carpets or linoleum; **upholstering, **picture framing and **cabi- net work. Class 4. Planing mills, sash and door factories, manufacture of wooden and corrugated paper boxes, cheese boxes, mouldings, window and door screens, window shades, carpet sweepers, wooden toys, articles and wares or baskets, matches or shade rollers; lum- ber yards (including the delivery of lumber) carried on in con- nection with planing mills or sash and door factories; cooperage, not including the making of staves or headings. Class 5. JMining; reduction of ores and smelting; prepara- tion of metals or minerals; boring and drilling including sinking of artesian wells (except when done by an employer coming under Class 13) ; manufacture of calcium 'carbide, carborundum or alundum. Class 6. Sand, shale, clay or gravel pits; marble works, stone cutting or dressing; manufacture of brick, tile, terra-cotta, fire- proofing, paving blocks, sewer pipe, roof tile, plaster blocks, plaster board, slate or artificial stone. Sub-Class A of Class 6. Quarries, stone crushing, lime kilns; manufacture of cement. Class 7. Manufacture of glass, glass products, glassware, porcelain or pottery. Class 8. Iron, steel, or metal foundries; rolling mills; manufac- ture of castings, forgings, heavy engines, locomotives, machinery, safes, anchors, cables, rails, shafting, wires, tubing, pipes, shot, sheet metal, boilers, furnaces, stoves, structural steel, iron of metal. Class 10. Manufacture of small castings or forgings, metal wares, instruments, utensils and articles, hardware, nails, wire goods, screens, bolts, metal beds, sanitary, water, gas or electric fixtures, light machines, typewriters, cash registers, adding ma- chines, carriage mountings, bicycles, metal toys, tools, cutlery, instruments, sheet metal products, buttons of metal, ivory, pearl or horn, dry batteries, cameras, sporting goods, firearms, windmills, ivory articles, **rubber stamps, pads or stencils; **machine shops, not elsewhere included in Schedule 1 or Schedule 2; **the industry of carrying on a blacksmith shop. Class 11. Manufacture of agricultural implements, threshing machines, traction engines, waggons, carriages, sleighs, vehicles, automobiles, motor trucks, toy waggons, sleighs or baby carriages; car shops. * See Regulation 43. t See Regulation 45. t See Regulation 44. ** See Regulation 46. WORKMEN'S COMPENSATION ACT. 51 Class 12. (Manufacture of gold or silverware, platedware, jwatches, watch-cases, tclocks, tjewellery, or musical instruments. Class 13. Manufacture of chemicals, corrosive acids, or salts, ammonia, gasoline, petroleum, petroleum products, celluloid, gas, charcoal, artificial ice, including the handling and delivery thereof; wood alcohol, celluloid articles; the manufacture, transmission and distribution of natural or artificial gas and operations connected therewith; the cutting, storing, handling and delivery of natural ice. Subclass A of Class 13. The manufacture of fireworks, gun- powder, ammunition, nitro-glycerine, dynamite, gun-cotton or other high explosives. Class 14. Manufacture of paint, color, varnish, oil, japans, turpentine, printing ink, printers' rollers, tar, tarred, pitched or asphalted paper. Class 15. Distilleries, breweries; manufacture of spirituous or malt liquors, malt, alcohol, wine, vinegar, cider, mineral water, soda waters, or methylated spirits. Class 16. Manufacture of non-hazardous chemicals, tdrugs, medicines, dyes, extracts, pharmaceutical or toilet preparations, soaps, candles, perfumes, non-corrosive acids or chemical prepa- rations; shoe-blacking or polish, yeast, baking powder or mucilage. Class 17. Milling; manufacture of cereals or cattle foods, warehousing or handling of grain or operation of grain elevators, ^threshing machines, tclover mills, or Jensilage cutters. Class 1&. ^Manufacture or preparation of meats or meat pro- ducts or glue. Sub-Class A of Class 18. Packing houses, **abattoirs; manu- facture of fertilizers not incidental to any other industry. Class 19. Tanneries. Class 20. Manufacture of leather goods and products, belting, whips, saddlery, fharness, trunks, valises, trusses, imitation leather, tboots, tshoes, gloves, umbrellas, rubber goods, rubber shoes, tub- ing, tires or hose. Class 22. Sugar refineries; manufacture of $dairy products, Jbutter, Jcheese, condensed milk or cream, biscuits, ^confectionery, spices, condiments, salt or any kind of starch; Jbakeries. Sub-Class A of Class 22. Canning or preparation of fruit, vege- tables, fish or food-stuffs; pickle factories. Class 24. Manufacture of tobacco, cigars, cigarettes or tobacco products. Class 26. Flax mills; manufacture of textiles or fabrics, spin- ning, weaving and knitting manufactories; manufacture of yarn, thread, hosiery, cloth, blankets, carpets, canvas, bags, shoddy, felt, cordage, ropes, fibre, brooms or brushes; asbestos goods, hair cloth and other hair goods; work in manilla or hemp; tents, awnings, and articles not otherwise specified made from fabrics or cordage; the erection of awnings by the manufacturer. Class 27. *Manufacture of men's or women's clothing, white- wear, shirts, collars, corsets, hats, caps, furs, robes, $feathers or artificial flowers. Class 28. JPower laundries; Jdyeing, cleaning or bleaching. * See Regulation 43. t See Regulation 45. t See Regulation 44. ** See Regulation 46. 52 WORKMEN S COMPENSATION ACT. Class 29. Printing, photo-engraving, engraving, lithographing, book-binding, embossing; tmanufacture of stationery, paper, card- board boxes, bags, wall-paper, or papier-mache. Class 30. Heavy teaming or cartage; safe-moving or moving of boilers, heavy machinery, building stone and the like; warehous- ing, storage; teaming and cartage, including the hauling for hire by means of any vehicle, howsoever drawn or propelled, of any commodity or material; ^scavenging, street cleaning or removal of snow or ice. Class 32. Steel building and bridge construction; installation of elevators, fire-escapes, boilers, engines or heavy machinery; bridge building, not included in Schedule 2; the erection of wind- mills. Class 33. Bricklaying, mason work, stone setting, concrete work, plastering; manufacture of concrete blocks; structural car- pentry, lathing,, the installation of pipe organs; house wrecking or house moving. Class 35. Painting, decorating or renovating; sheet metal work and roofing. Class 36. Plumbing, sanitary or heating engineering, gas and steam fitting; operation of theatre stage or moving pictures; opera- tion of passenger or freight elevators, where workmen are specially employed therefor and which are not operated in connection with an industry included in another class, including the operation of elevators used in connection with an industry to which this Schedule does not apply or in connection with a warehouse or shop or an office or other building or premises. Class 37. Sewer construction, tunnelling, shaft-sinking and well-digging; **the maintenance and operation of a waterworks system; excavation work for cellars, foundations and canals; trenching less than 6 feet deep, for gas pipes, water-pipes or wire conduits; and all excavation work where the depth is more than 6 feet and the width is less than half the depth. Class 38. Construction, installation or operation of electric power lines or appliances, and power transmission lines; electric wiring of buildings and installation of lighting fixtures; construc- tion or operation of an electric light system; construction and operation of power plants and electric light works, not included in Schedule 2; construction or operation of telegraph or telephone lines, construction or operation of telephone lines and works for the purposes of the business of a telephone company or used or to be used in connection with its business when constructed or oper- ated by the company, except where such telephone lines or works are within the legislative authority of the Parliament of Canada. Class 41. Construction or operation of railways; road-making or repair of roads with machinery; making and repairing of roads of all kinds not included in Schedule 2; manufacture of asphalt material and paving material. Class 43. Ship-building, dredging, subaqueous construction or pile-driving; fishing, navigation, and operation of all kinds of ves- sels, stevedoring, operation of and work upon wharves, towing, operation of dry docks and marine wrecking, not included In Schedule 2. Class 73. All industries, trades, businesses, and occupations mentioned in section 73 of the Act, not otherwise classified and not included in Schedule 2. (Now See sections 109, 69 (2), 6 (3), 3 (4), 6, 11, 12, 75 (2), and paragraphs (p), (n), (d), (t), (fc), and (/) of 2 (1), and Regulations 43 to 50, 52, 53, and 63). * See Regulation 43. $ See Regulation 45. t See Regulation 44. ** See Regulation 46. WOBKMEN'S COMPENSATION ACT. 58 SCHEDULE 2. INDUSTRIES THE EMPLOYERS IN WHICH ARE INDIVIDUALLY LIABLE TO PAY THE COMPENSATION. 1. The trade or business, as defined by subsection 2 of section 2, of a municipal corporation, a public utilities commission, any other commission having the management and conduct of any work or service owned by or operated for a municipal corporation, a board of trustees of a police village and a school board. (As amend- ed ly s. 33 (a), c. 24, 1915). 2. The construction or operation of railways operated by steam, electric or other motive power, street railways and incline rail- ways, but not their construction when constructed by any person other than the company which owns or operates the railway. 3. The construction or operation of car shops, machine shops, steam and power plants and other works for the purposes of any such railway or used or to be used in connection with it when con- structed or operated by the company which owns or operates the railway. 4. The construction or operation of telephone lines and works within the legislative authority of the Parliament of Canada, for the purposes of > the business of a telephone company or used or to be used in connection with its business when constructed or op- erated by the company. (As altered ty Regulation 35). 5. The construction or operation of telegraph lines and works for the purposes of the business of a telegraph company or used or to be used in connection with its business when constructed or operated by the company. 6. The construction or operation of steam vessels and works for the purposes of the business of a navigation company or used or to be used in connection with its business when constructed or operated by the company, and all other navigation, towing, opera- tion of vessels, and marine wrecking. (As amended by s. 33 (ft), c. 24, 1915). 7. The operation of the business of an express company which operates on or in conjunction with a railway, or of sleeping, parlor or dining cars, whether operated by the railway company, or by an express, sleeping, parlor or dining car company. (NOTE. See sections 2 (2), 69 (2), 6 (3), 3 (4), 6, 109, and paragraphs (p), (n), (d), (i), and (/) of 2 (1).) WORKMEN 8 COMPENSATION ACT. SCHEDULE 3. Description of Disease. Anthrax. Lead poisoning or its sequelae. Mercury poisoning or its sequelae. Phosphorus poisoning or its sequelae. Arsenic poisoning or its sequelae. Ankylostomiasis. Description of Process. Handling of wool, hair, bristles, hides, and skins. Any process involving the use of lead or its preparations or compounds. Any process involving the use of mer- cury or its preparations or com- pounds. Any process involving the use of phos- phorus or its preparations or com- pounds. Any process involving the use of arsenic or its preparations or com- pounds. Mining. SYNOPSIS OF REGULATIONS Up to 15th May, 1915, 64 Regulations in all have been passed by the Board and approved by the Lieutenant-Gover- nor in Council, each clause or section, for convenience, being numbered as a separate Regulation. Except No. 1, which extended the time within which employers were required to furnish their first pay roll state- ment ; ~No. 47, which applies the interpretation clauses of the Act to the Regulations; No. 51, which provides for penalty in case of default in paying assessments; Nos. 56 and 59. which prescribe the manner in which compensation is to be paid by employers in Schedule 2 ; and No. 64, which pro- vides for posting up information concerning the Act all these Regulations have to do with the classification of indus- tries in Schedule 1, and with additions to, exclusions from, or interpretation of the Schedules. A number of industries, including as far as could be fore- seen those comprised in the general description of Section 78, have been added to their appropriate classes in Schedule 1. To insure better protection for the payment of compensa- tion, and for greater uniformity, the construction or opera- tion by telephone companies of telephone lines and works within the legislative authority of the Province has boon removed from Schedule 2 to Schedule 1. To avoid, as far as possible, weakness in any of the classes and consequent danger of deficits in the class funds, a number of the classes in Schedule 1 have been united, thus reducing the original 44 classes to 35. For greater certainty in making clear what was under- stood to be the intention of the Act, mercantile business, stock-raising, fruit-growing, gardening, hotel-keeping, barber shops, educational, hospital, surgical, medical and veterinary work, dentistry, undertaking, etc., have been expressly ex- cluded from the operation of Part I (see Regulation 43) ; as also have such operations as coffee grinding, meat cutting, pipe cutting, and boot and shoe making and repairing, when carried on as part of, in immediate connection with, and for tho purposes of an exclusively retail business (see Regula- tion 44). Tii other cases where the hazard of the work was con- sidered very light, or where it was considered a matter of practical impossibility, at least in the early stages of the administration of the Act, to obtain the names of and collect assessments from all the emplovers in the industry, and [55] ' 56 SYNOPSIS OF REGULATIONS. where the other employers in the industry would thus be unfairly burdened with the whole expense, a number of ex- clusions have been made. Among these are hand laundries, window cleaning, cab, livery stable, architect and photograph businesses, work carried on as part of, in immediate connec- tion with, and for the purpose of an exclusively retail busi- ness dealing in men's and women's clothing (including mer- chant tailor and millinery shops) and the trimming of women's hats when carried on as part of or incidental to a wholesale millinery business (see Regulation 43). For similar reasons, manufacture of cheese, butter, feath- ers, or artificial flowers, confectioneries, bakeries, power laundries certain prospecting and development work, opera- tion of threshing machines, street cleaning, etc., have been excluded where less than six workmen are usually employed ( see Regulation 45 ) . Machine shops, repair shops, cabinet work (in shop), up- holstering, etc., when not incidental to an industry in Schedule 1, are excluded where less than four workmen are usually employed (see Regulation 46). As to the exclusions mentioned in the last two para- graphs, it is to be remembered, however, that any employer excluded because of having less than a specified number of workmen employed may nevertheless elect to come under 'Schedule 1 if he chooses (section 75 (2)). The operation of freight or passenger elevators, which was originally included in every case, is excluded where not in an industry in Schedule 1, if no workman is specially employed for such operation (see Regulations 31, 55). To preclude the contention that because an employer car- ries on one industry which is under Part I of the Act, other separate industries carried on by the same employer, even though not otherwise under Part I, are thereby brought under Part I of the Act that because an employer, for instance, carries on a grist mill which is under Part I of the Act, a grocery store carried on by the same employer as a separate business will also come under Part I of the Act it is ex- pressly provided that such shall not be the case (see Regula- tion 48). To make clear what was believed to be the intention of the Act, it is declared that an incidental service for which no direct charge is made to the customer, such as delivery of material in connection with a planing mill, or delivery of goods in connection with a grocery store, shall be considered as going with the business to which it is attached, and shall be included in or excluded from Schedule 1, according as the business is so included or excluded (see Regulation 49). Upon the other hand, work or service for which a direct charge is made and which is connected with but not a part SYNOPSIS OF REGULATIONS. 57 of an industry carried on by the employer who renders it, is declared to be included in Schedule 1, if such work or ser- vice would, if carried on by itself, be included in Schedule 1 (see Regulation 50). These provisions, however, are subject to the provisions of any other Eegulation. To cover generally a question of interpretation, of which one phase is dealt with in Regulations 49 and 50, but which arises in a great variety of circumstances namely, the ques- tion whether, or to what extent, things not themselves carried on or done by an employer as a business or trade or for profit or gain, but carried on or done by him for his own private use, or as a part of, incidentally to, or for the purpose of another business or trade, are included in Schedule 1 of the Act Regulation 52 has been passed. The most frequent examples of such things are building or repairing of build- ings, warehousing or storage, and teaming or carting. If themselves carried on as a business, these are of course in- cluded in Schedule 1 ; but in a very great many cases they are carried on or done by the employer, not as a business or trade, but for his own private use, or as a part of, incidentally to, or for or for the purpose of another business or trade, and that business or trade may be one that is not included in Schedule 1 or one that is included in Schedule 1. As in keeping with the general intention of the Act, and as a con- venient practical working principle, it is laid down by Regu- lation 52 that anything not itself carried on or done by the employer as a business or trade or for profit or gain, is to be included in Schedule 1 where, and only where, it is carried on or done as a part of or process in, or incidentally to, or for or for the purpose of an industry in Schedule 1. Thus the building or repairing of the employer's private dwelling- house or his grocery store will not be included in Schedule 1, but the building or repairing of his woollen mill will be in- cuded in Schedule 1. Similarly, teaming, cartage, warehous- ing or storage work done for the employer's private dwelling or for his grocery business will not be included in Schedule 1, but similar work done for his woollen mill will be included in Schedule 1. This Regulation, it must be remembered, has application only rn cases where the person having the work or operations carried on or done is himself the employer of the workmen, and not in cases where he lets a contract for the doing of the work ; in the latter case, of course, the con- tractor, if he employs workmen, will be under Schedule 1 ; as he is carrying on the work as a business or trade or for profit or gain he is not affected by the provisions of this Regulation. E"or does this Regulation over-ride any special provision to the contrary, such as the provision respecting elevators, or the provision respecting building which is dealt with in the next paragraph. In order to cover employers who are in substance carry- ing on building as a business, it is provided by Regulation 53 58 SYNOPSIS OF REGULATIONS. that the building of a house or the construction of any part thereof by an employer who within three years prior thereto has built another house, and the construction of any building to sell or let, shall be included in Schedule 1. This Regu- lation, like the preceding one, has application only in cases where the owner is himself the employer of the workmen. Where the work is let to a contractor there is no need of a Regulation. For greater certainty, it is declared by Regulation 63 that operations (such for instance as work in the woods or jobs of teaming, etc.), carried on by a person whose business is substantially farming are not under the operation of Part I if less than four workmen other than farm labourers are employed therein. REGULATIONS OF BOARD (To May 15, 1915.) REGULATION 1. Passed the 1st day of October, 1914. Approved by the Lieutenant-Governor in Council the 9th day of October, 1914. The Workmen's Compensation Board hereby makes the following Regulation : 1. The time within which employers are to transmit to the Workmen's Compensation Board their first pay-roll state- ment pursuant to section 78 of the Workmen's Compensation Act, is hereby extended to the 31st day of October, 1914. REGULATIONS 2 TO 50. Passed the 26th day of November, 1914. Approved by the Lieutenant-Governor in Council the 26th day of November, 1914. The Workmen's Compensation Board hereby makes the following Regulations respecting The Workmen's Compen- sation Act: 2. Lumber yards (including the delivery of lumber) car- ried on in connection with saw mills, and the creosoting of timbers, are added to Class 1 of Schedule 1. 3. Manufacture of artificial limbs, cork articles, cork car- pets and linoleum, and picture framing and cabinet work are added to Class 3 of Schedule 1. 4. Lumber yards (including the delivery of lumber) car- ried on in connection with planing mills or sash and door fac- tories, and manufacture of matches and shade rollers' are added to Class 4 of Schedule 1. 5. Cooperage, not including the making of staves or head- ings, is added to Class 4 of Schedule 1. 6. Boring and drilling, including sinking artesian wells (except when done by an employer coming under Class. 13) and manufacture of calcium carbide, carborundum and alundum are added to Class 5 of Schedule 1 and removed from any other class in which they might otherwise respec- tively be. [59] 60 REGULATIONS OF BOAKD. 7. Manufacture of sewer pipe, plaster blocks or plaster board, and manufacture of slate or roof tile are added to Class 6 of Schedule 1. 8. Classes 6 and 31 of Schedule 1 are united as Class 6. 9. Manufacture of shot is added to Class 8 of Schedule 1. 10. Manufacture of dry batteries, cameras, sporting goods, firearms, windmills, ivory articles, rubber stamps, pads or stencils is added to Class 10 of Schedule 1. 11. Machine shops not elsewhere included in Schedule 1 or Schedule 2, and the industry of carrying on a blacksmith shop, are added to Class 10 of Schedule 1. 12. Classes 9 and 11 of Schedule 1 are united as Class 11. 13. Manufacture, transmission and distribution of natural or artificial gas and operations connected therewith, the cutting, storing, handling and delivery of natural ice, as well as the handling and delivery of artificial ice, and the manufacture of wood alcohol and celluloid articles are added to and included in Class 13 of Schedule 1, and wood alcohol is withdrawn from any other class in which it might other- wise be. 14. Manufacture of fire-works, gunpowder, ammunition, nitroglycerine, dynamite, guncotton and other high explo- sives is constituted into sub-class A of Class 13. 15. Manufacture of methylated spirits is added to Class 15 of Schedule 1. . 16. Manufacture of yeast, baking powder and mucilage is added to Class 16 of Schedule 1. 17. Operation of threshing machines, clover mills and ensilage cutters is added to Class 17 of Schedule 1. 18. Manufacture of fertilizer not incidental to any other industry is added to Class 18 of Schedule 1. 19. Manufacture of whips, trusses and imitation leather is added to Class 20 of Schedule 1. 20. Manufacture of salt and the manufacture of starch of all kinds are added to Class 22 of Schedule 1 and are removed from any other class in which either of them might otherwise have been included. 21. Classes 21, 22 and 23 of Schedule 1 are united as Class 22. 22. Manufacture of tents, awnings, and articles not other- wise specified made from fabrics or cordage; the erecting of awnings by the manufacturer; and the manufacture of REGULATIONS OF BOARD. 61 i jbestos goods, hair cloth and other hair goods are added to Jlass 26 of Schedule 1. 23. Classes 25 and 26 of Schedule 1 are united as Jlass 26. Manufacture of feathers and artificial flowers is added to Class 27 of Schedule 1. 25. Manufacture of papier niache articles is added to Jlass 29 of Schedule 1. 0, 26. Teaming and cartage, including the hauling for hire by means of any vehicle, howsoever drawn or propelled, of any commodity or material, and scavenging, street cleaning, and removal of snow or ice, are added to Class 30 of Schedule 1. 27. Bridge building, not included in Schedule 2, and the erection of windmills are added to Class 32 of Schedule 1 and excluded from any other class in Schedule 1 in which they might otherwise have been included. 28. Lathing, the installation of pipe organs, and house wrecking and house moving are added to Class 33 of Schedule 1. 29. Classes 33 and 34 of Schedule 1 are united as Class 33. 30. Gas and steam-fitting are added to Class 36 of Schedule 1. 31. The operation of freight or passenger elevators where no workman is specially employed therefor, except where used in another industry included in Schedule 1, is with- drawn from Schedule 1, and, subject thereto, the operation of freight or passenger elevators in any industry included in any class in Schedule 1 is transferred from Class 36 to the class in which such industry is included, but the operation of freight or passenger elevators elsewhere than in such an in- dustry shall remain and be in Class 36. (As amended by 55.) 32. Maintenance and operation of a waterworks system is added to Class 37" of Schedule 1. 33. Deep excavation is withdrawn from Class 37 of Schedule 1 and excavation work for cellars, foundations and canals; and trenching, less than 6 feet deep, for .gas pipes, w liter pipes or wire conduits ; and all excavation work where the depth is more than 6 feet and the width is less than half the depth are added to Class 37. 34. Electric wiring of buildings and installation of light- ing fixtures, construction or operation of an electric light 62 REGULATIONS OF BOAKD. system and construction or operation of power plants and electric light works, not included in Schedule 2, are added to Class 38 of Schedule 1. 35. Construction or operation of telephone lines and works for the purposes of the business of a telephone com- pany or used or to be used in connection with its business, when constructed or operated by the company as mentioned in paragraph 4 of Schedule 2, except where such telephone lines or works are within the legislative authority of the Par- liament of Canada, is removed from Schedule 2 and added to Class 38 of Schedule 1. 36. Classes 38 and 39 of Schedule 1 are united as Class 38. 37. Making or repairing of roads of all kinds not in- cluded in Schedule 2 is added to Class 41 of Schedule 1. 38. Manufacture of asphalt material and paving material is transferred from Class 6 to Class 41 of Schedule 1. 39. Classes 40 and 41 of Schedule 1 are unitec} as Class 41. 40. Fishing, navigation, and operation of all kinds of vessels, stevedoring, operation of and work upon wharves, towing, operation of dry-docks and marine-wrecking, not in- cluded in Schedule 2, are added to Class 43 of Schedule 1, (As amended by 58.) 41. Classes 42, 43 and 44 of Schedule 1 are united as Class 43. 42. All industries, trades, businesses and occupations mentioned in section 73 of the Act and not otherwise classi- fied and not included in Schedule 2 shall form a class to be known as Class 73. 43. Subject to any provision elsewhere contained respect- ing operation of elevators, each of the following industries is excluded from the operation of Part 1, namely : (a) The business of a florist or seedsman, seed-growing, gardening and horticulture ; the keeping or breed- ing of live stock, poultry or bees ; fruit growing ; the picking, grading, packing, hauling, handling and storage of fruit or vegetables, carried on by co-operative fruit growers' associations or com- panies, whose membership or shareholders are limited to the producers of such fruit or vege- tables and whose object is to bring about more satisfactory handling and sale thereof and not to carry on such work or operations as a business for profit or gain; REGULATIONS OF BOAKD. 63 Hand laundries; (c) The business of window-cleaning; (d) Barber shops and shoe shine establishments; (e) Manufacture of plaster statuary; (/) Undertaking and funeral directing ; (g) Mail carrying; (h) Educational, hospital and surgical work, . medical work, veterinary work and dentistry; (i) Wholesale or retail mercantile business ; (/) Hotel-keeping and restaurant-keeping; (&) Public garages, livery stables, auction and sales stables and conveyance of passengers or pas- sengers and baggage by horse or auto vehicle ; (Z) Taxidermy; (w) Junk dealing; (n) The business of an architect ; (0) Excavation other than as specified in Regulation 33 ; (p) Every industry carried on as part of, in immediate connection with, and for the purpose of an ex- clusively retail business dealing in men's or women's clothing, whitewear, shirts, collars, cor- sets, hats, caps, furs or robes; (q) The business of a photographer; (r) The trimming of women's hats when carried on as part of or incidental to a wholesale millinery business ; (5) The pumping or raising and collecting and convey- ance of petroleum by a person who does not re- fine or otherwise treat the same or prepare or manufacture any product therefrom. (As amended by 60.) 44. Each of the following industries when carried on as part of, in immediate connection with, and for the purpose of an exclusively retail business is excluded from the opera- tion of Part I, namely : (a) Watch, clock and jewellery making and repairing; (J)) Boot and shoe making and repairing; (c) Harness-making and repairing; (d) The business of an optician; (e) Tinsmi thing and tinsmith repairing in shop only; (/) Pipe cutting; (g) Paper cutting; (h) Drug manufacturing ; (1) Sausage manufacturing ; (;') Meat cutting; 64 REGULATIONS OF BCVARD. (A;) Coffee grinding and like operations or work. 45. Where less than six workmen are usually employed therein, each of the following industries is withdrawn from the class in Schedule 1 in which it would otherwise be in- cluded, namely: (a) The cutting or splitting of firewood; (6) The manufacture of cheese or butter and the opera- tion of creameries or dairies ; (c*) The construction or operation of telephone lines or works ; (d) The manufacture of artificial limbs; (e) Power laundries, dyeing, cleaning or bleaching estab- lishments ; (/) Mining (including prospecting and development work) except in producing -mines where the workmen are in the employ of the owner, lessee or recorded holder thereof; (g) Operation of threshing-machines, clover mills and ensilage cutters; (h) Scavenging, street cleaning and removal of snow or ice; (i) Manufacture of feathers or artificial flowers ; (/) Confectioneries; Bakeries. (As amended by .74.) NOTE. Employers excluded by this Regulation have the right to elect to come in by notifying the Secretary; see section 75 (2). 46. Where less than four workmen are usually employed therein, each of the following industries, when not incidental to an industry under Schedule 1, is withdrawn from the class in Schedule 1 in which it would otherwise be included, namely : (a) Machine shops; (b) Eepair shops; (c) Tinsmith shops; (d) Carrying on of a blacksmith shop ; (e) Cabinet work; (/) Upholstering; ( g) Picture-framing ; (h) Maintenance or operation of a waterworks system; (i) Manufacture of rubber stamps, pads or stencils; (;') Butchering. (As amended by 61.) NOTE. Employers excluded by this Regulation have the right to elect to come in by notifying the Secretary; see section 75 (2). REGULATIONS OF BOARD. 65 S, 47. The interpretation of words and phrases provided for in section 2 of The Workmen's Compensation Act shall apply to these and all other Regulations of The Workmen's Com- pensation Board. 4S. Except where otherwise specifically provided, every industry which, if carried on by an employer carrying on no other industry, would not be under the operation of Part I, is excluded from the operation of Part I where it is carried on by an employer who is also carrying on an industry or industries which is or are under the operation of Part I. 49. Subject to any other Regulation of the Board^ every undertaking which 'consists of work or service (for example the delivery of goods), for which no direct charge is made and which is incidental to an industry under Part I, carried on by the employer who performs or renders such work or ser- vice, is added to or included in the class in which such in- dustry is included j and when such undertaking is incidental to an industry not under Part I, it is excluded from the operation of Part T. 50. Subject to any other Regulation of the Board, every undertaking which consists of work or service for which a direct charge is made and which is connected with but not a part of an industry (whether such industry is under Part I or not) carried on by the employer who performs or renders such work or service, and which work or service if carried on separately would be an industry under the operation of Part I, is added to or included in the class of industries in which such undertaking if carried on by itself would be included. REGULATION 51. Passed the 16th day of December, 1914. Approved by the Lieutenant-Governor in Council the list day of December, 191Jf. 51. Any employer failing to pay any assessment or spe- cial assessment, or any prescribed portion thereof, within fifteen days after notice thereof has been mailed to him by registered post, shall pay as a penalty for such default 5 per cent, of the amount unpaid; and, where default continues longer than one month after the expiration of such fifteen days, shall also pay as further penalty an additional one per cent, of such amount for each calendar month or fraction thereof such longer default continues. 66 REGULATIONS OF BOAED. X REGULATIONS 52 TO 56. Passed the 30th day of December, 1914. Approved by the Lieutenant-Governor in Council the 30th day of December, 1914. 52. Unless otherwise specially provided, anything not itself carried on or done by the employer as a business or trade or for profit or gain, if, but for this Regulation, it would be an industry included in Schedule 1, is excluded from the operation of Part I of the Act except where it is carried on or done as a part t>f or process in, or incidentally to, or for or for the purpose of an industry in Schedule 1 which is carried on as a business or trade or for profit or gain; and where anything not itself carried on or done by the employer as a business or. trade or for profit or gain is carried on or done as a part of or process in, or incidentally to, or for or for the purpose of an industry in Schedule 1 which is carried on by the employer as a business or trade or for profit or gain it shall be included in the class in Schedule 1 in which such last mentioned industry is included if it can be fairly assessed as part of such industry, but if it cannot be fairly so assessed, shall be included in the class in Sched- ule 1 to which, if carried on or done by the employer as a separate business or trade, it would belong. 53. Notwithstanding anything elsewhere contained, the building of a house, or the construction of any part thereof, by an employer who, within three years prior to the com- mencement of such building, has completed or had completed for him the building of another house, and the building or construction of any building or erection to sell or let in whole or in part, or the construction of any part thereof, shall each, whether or not it is done or carried on as a business or trade or for profit or gain, if not included in Schedule 2, be in- cluded in the class or respective classes of Schedule 1 to which according to the nature of the work it should belong. 54. (Consolidated with ^5.) 55. (Consolidated with 31.) 56. Except where otherwise provided or directed, pay- ment of compensation by employers in the industries in- cluded in Schedule 2 of the Act shall be made by delivery to the Board of a cheque or other negotiable paper payable at par at any branch of any chartered Bank in Ontario to the order of the workman or dependant to whom the com- pensation is payable, to be, by the Board, forwarded to such BEGULATIONS OF BOARD. 67 \ workman or dependant. This Regulation shall not apply to municipal corporations, school boards, boards of trustees of police villages, public utility commissions, or commissions having the management and conduct of any work or service owned by or operated for a municipal corporation, provided they make prompt payment of the compensation to the work- man or dependant and promptly forward his receipt therefor to the Board. (As amended by 59.) REGULATIONS 57 TO 58. Passed the IStJi day of January, 1915. Approved by the Lieutenant-Governor in Council the 15th day of January, 1915. 57. Canning or preparation of fruit, vegetables, fish or food stuffs, and pickle factories, are constituted into sub-class A of Class 22. 58. (Consolidated with 40.) REGULATIONS 59 TO 64. Passed the 28th day of April, 1915. Approved by the Lieutenant-Governor in Council the 7th day of May, 1915. 59. (Consolidated with 56.) 60. (Consolidated with 43.) 61. (Consolidated with 46) 62. The manufacture of malt and the manufacture of eider are added to Class 15 of Schedule 1. 63. For greater certainty, operations carried on by a person whose business is substantially farming, provided less than four workmen other than farm labourers are employed therein, are declared not to have been included in and are excluded from the operation of Part I. 64. Every employer in Schedule 1 or Schedule 2 shall, as directed by the Board, post up and keep posted up in conspicuous places within easy access of his workmen, such card or pamphlet of information concerning the Act as may be supplied to him by the Board, and a copy of the Act if so directed. 68 REGULATIONS OF BOARD. OKDEKS. Packing houses, abattoirs and manufacture of fertilizers not incidental to any other industry, are constituted into a sub-class to be known as sub-class A of Class 18 of Schedule 1. Stone crushing is added to Class 6 of Schedule 1. Quarries, stone crushing, lime kilns and manufacture of cement, are constituted into a sub-class to be known as sub- class A of Class 6 of Schedule 1. INDEX TO ACT ACCIDENT, defined when compensation payable for arising out of and in course of employment presumptions as to happening out of Ontario . * on railways or steamboats employer individually liable to pay compensation inspecting premises and plant with view to preventing notice of when to be given by workman to employer what to contain how to be served when to be given by workman to Board effect of failure to give when to be given by employer to Board what employer's notice to contain how employer's notice to be given penalty for failure to give where insurance company to pay for accident particulars respecting, may be required from employer . . Commissioner not to have interest in devices for preven- tion of adding percentage to assessment or excluding industry from class on account of industrial diseases to be deemed ACCIDENT FUND, defined what employers to contribute to how provided to be maintained sufficiently payment of compensation out of Superintendent of Insurance to report upon sufficiency of. . duty of Board to maintain sufficiency of apportioning contribution according to hazard to be deemed one and indivisible for purpose of paying compensation increasing contribution to, where too many accidents or defective plant formation of reserve fund to maintain ACCIDENT PREVENTION ASSOCIATION, formation of rules, Association may make to be approved by the Board binding when approved by Government penalty for contravention of appointment of inspector and payment of salary Board may make grant to grants to, to be charged to classes represented ACTION, where right of, against third party . . . none, to recover compensation right of compensation to be in lieu of Board may determine right to bring by workman under Part II liability of employer to, under Part II SECTION 2 (1) (a) 3 3 (1) 3 (4) 6 (1) 6 (1) (b) 6 (3) 81 (1) 20, 99 20(1) 20 (2) 20 (3) 20 (4) 20 (5) 99 (1) 99 (1) 99 (1) 99 (2) 30 (2) 99 (1) 56 (1) (c) 74 (4) 100 (1) 2 (1) (fc) 5 '69 71, 91, 92 69 (1) 67 71 74 (2) 74 (3) 74 (4) 92 101 101 (1) 101 (2) 101 (2) 64 (3) 101 (3) 101 (4) 101 (5) 9 13 15 (1) 15 (2) 106 (1) 106 (2) certain defences taken away 106 (4), 107, 108 70 INDEX TO ACT. SECTION ADMINISTRATION EXPENSES, contribution by province ................................. 64 assessment to province for ............................... 84 contribution by employer in Schedule 2 ................... 103 AGREEMENTS AS TO COMPENSATION, effect of . ............................................... 17 ALLOWANCE, by employer to be considered in fixing compensation ...... 42 (1) ALTERATION, included in construction .............................. ... 2 (1) (d) APPLICATION, of Part I ................................................ 104 of Part II ................................................ 105 of penalties .............................................. 83 APPLIANCES, for prevention of accidents, Commissioner not to be in- terested in ...................................... 56 (1) (c) assessments may be increased owing to defective .......... 74 (4) ASSESSMENT, how to be levied ........................................ 84, 85 rate of, to be fixed by B'oard .............................. 86 (1) revision of .............................................. 86 (3) apportionment of, where sub-classes ...................... 74(2) to raise special fund to meet disaster .................... 88(2) insufficient ............................................. 87 deficiency in ......... . ................................... 88 may be a specific sum .............................. . ____ 84 (2) to correspond with pay roll .............................. 80 need not be uniform in classes or sub-classes .............. 85 (3) may be fixed according to hazard ........................ 85 (3) notice of ......................... ~ ...................... 86 how to be given ...................................... 86 (2) adding percentage as penalty for non-payment ............ $3 provisional ..... ......................................... 84 supplementary ......................................... 87, 88 by order of Government .............................. 91 varying amount of, in certain cases .................. 74 (4) collection of ............................................. 94 employer failing to pay, liable for accident ................ 93 (a) may be collected as taxes ................................ 95 where industries established after assessment made ...... 96(1) security for, where industry temporary ................... 97 person letting work liable for ............................ 10 (3) owner of land liable for ................................. where pay roll statement inaccurate ........... ; .......... priority for in certain cases ................... 7 .......... 98a ASSIGNMENT OF COMPENSATION ......................... 19 ASSUMPTION OF RISK, doctrine of ........ ...................................... 107 ATTACHMENT OF COMPENSATION ........................ 19 AUDIT, of accounts of Board ..................................... &5 AUDITORS, appointment and duties of ............................... 59(1) INDEX TO ACT. 71 SECTION RAGE EARNINGS, compensation limited to 55% of 33 (5), 37, 38 computation of 37, 41 maximum $2,000 41 (1) where employment of casual nature 41 (2) under concurrent contracts of service 41 (3) earnings at time of accident may be regarded where more equitable 41(6) special expenses not to be reckoned in 4^L(5) BOARD, denned 2 (1) (c) how constituted 45 Chairman and Vice-Chairman 46 when Vice-Chairman may act 46(2) provision in case of death, illness or incapacity of Com- missioner 47 presumption where Vice-Chairman acted 48 tenure of office of Commissioners 49 age limit 75 years 50 eligible for re-appointment 56 whole time to be devoted to duties 51 salaries of 52 quorum 53 vacancy not to impair authority of other two 54 powers of what will disqualify a Commissioner 56 offices to be in Toronto 57 sittings to be held any place in Ontario how proceedings to be conducted 58 appointment of officers, clerks and servants 6 jurisdiction of 60, 74 may allow expenses to successful claimants 61 may act on report of officers $2 BORROWING, from Consolidated Revenue Fund or reserves 7f BURIAL, EXPENSES, not to exceed $75.00 33 (1) (a) not subject to the 55% clause in awarding compensation to dependants 33 (5 ) payable where no dependants 36 CAPITALIZATION VALUE OF FUTURE PAYMENTS, Board may 'require employers in Schedule 2 to pay 31 (1) reserve fund, how far. to be equal to 72 CASUAL EMPLOYMENT, not under Part I, in certain cases 3(4) computation of average earnings in 41 (2) CERTIORARI, proceedings of Board not removable by 60(1) CHIEF MEDICAL OFFICER, appointment and duties of 50 (1) CHILDREN, amount of compensation to 33 (1) (c), (d) when compensation to cease 35 compensation to, how payable 33 (4 ) remarriage of mother not to disentitle, to compensation 33 (2) where under legal disability 44 CLAIMS FOR COMPENSATION, to be made within six months 20 (1) notice of, where insurance 30 (2) 72 INDEX TO ACT. SECTION CLASSES, adding to or establishing other 74 (1) (c) re-arrangement of 74 (1) (a) sub-dividing 74 (2) separate accounts of, to be kept 74 (3 ) excluding industries by number limit from 75 assessment of all, for deficiency in any . 88 includes sub-class where Safety Association formed 101 (6) \ CLERICAL WORKER, wjien Part I does not apply to 2 (1) (p) not excluded from Part II 105 COMMISSIONERS. See Workmen's Compensation Board. COMMON LAW DEFENCES, voluntary assumption of risk abrogated 106 (4) common employment 107 contributory negligence 107, 108 COMMUTATION OP PERIODICAL PAYMENTS, where payable out of accident fund where parties consent 25 where periodical payments continued for six months 26, 27 when employer may apply for where contract of insurance 27 Board may require payment sufficient to commute lump sum must be paid to Board in case of 25 (2) how lump sum to be dealt with 25 (3) capitalized sum where permanent disability or death 31 COMPARATIVE NEGLIGENCE, doctrine of 108 COMPENSATION, when payable 3 exceptions 3 (1) (a), (6) where action taken against third party 9 to date from disability 3(3) to be in lieu of right of action 15 cannot be recovered by action 13 not assignable or liable to attachment 19 to non-resident dependants 8 (1), (2) where workman ceases to reside in Ontario 14 right to cannot be waived 16 agreements respecting, of no effect in certain cases 17 claim for to be made within six months 20 (1) notice of claim for where insurance 30 (2) increase of, where workman under 21 24 review of, by Board not payable during suspension commutation of 25, 26, 27, 28, 31 not to exceed 55 per cent, of wages 33 (5) , 37, 38 security for payment of 31(2) scale of, in case of death for permanent total disability partial disability for temporary total disability 39 partial disability 40 payable out of accident fund in Schedule 1 69 (1) individually in Schedule 2 4 employer in Schedule 1 not liable to pay for industrial diseases, by whom payable 100 (2) fixing of 100 (6) where disease is result of injury by accident 100 (8) INDEX TO ACT. 73 SECTION CONSOLIDATED REVENUE FUND, advances out of, to pay compensation where money not other- wise available 70 special assessment 70 salaries of Commissioners payable out of 52 CONSTRUCTION, defined 2 (1) (d) CONTESTED CLAIMS, allowance by Board for expenses incurred in 61 CONTRACTOR, right of, as against principal 10 (1) sub contractor .* 10 (3) to see that sub-contractor's assessment is pajd 10(3) indemnification of principal by 10 (3) CONTRACT OP INSURANCE, Board may require employer in Schedule 2 to protect his men by 29 commutation of pensions under 30 (1) CONTRIBUTORY NEGLIGENCE, not a bar to recovery by workman 107 may be considered in assessing damages 108 CONTRIBUTION, by province on account of expenses of administration 68 by workman to employer on account of assessment not per- mitted 18 COSTS, allowance by Board in contested claims , 61 COURSE OF EMPLOYMENT, accident must happen in, to entitle workman to compen- sation 3(1) presumption where accident happened in 3(2) DEATH, scale of compensation in case of 33 ( 1 ) serious and wilful misconduct not a bar to compensation in case of 3 (1) (b) order for payment of capitalized value in case of 31 liability in case of, under Part II 106 DEPENDANT, denned 2 (1) (e) residing out of Ontario 8 amount of compensation to, where widow only 33 (1) (&) where widow and children 33 (1) (c) where children only 33 (1) (d) where dependants are persons other than widow or children 33 (1) (e) where no 36 election by, where accident happens out of Ontario where right of action against third party 9(1) entitled to difference between compensation and amount recovered from third party allotment of compensation between total and partial duration of payments to certain DEVICE FOR PREVENTION OF ACCIDENT, Commissioner not to have interest in 56 (1 ) (c) 74 INDEX TO ACT. SECTION DIFFERENTIAL RATINGS, (Board may make ........................................ 74 (2) DISABILITY, compensation for permanent total ........................ 37 permanent partial ...................... 38 temporary total ........................ 39 temporary partial ...................... 40 where serious and wilful misconduct of workman not a bar to compensation ........................ ........ 3(1) (ft) when compensation for, to date from ..................... 3(3) for 7 days or less ........................................ 3 (1) (o) DISASTER, special reserve fund in case of ............ * ................ 88 (2) DOMESTIC SERVANTS, Act not to apply to ...................................... 109 EARNINGS. See Average earnings. ELECTION, by workman or dependant where accident happens out of Ontario ......................................... 7(1) notice of, how to be given ................................ 7(2) where workman entitled to action against third party .... 9(1) to become member of class where employer excluded by number limit ................................ ---- . 75 (2) when, presumed to have been made . . . ..................... 75 (3) EMPLOYER, defined ................................................. 2(1) (/) when liable individually .................................. 4 when liable to contribute to accident fund ................ 5 withdrawn or excluded from class may elect to come in . . 75 (2) operating outside Ontario placed in Schedule 2 unless assess- ment fully paid .................................. 6(3) subrogation of, to right of workman to maintain action ____ 9 (3) right of, to compensation when carried on pay roll ........ 12 limit of. amount of wages of, where carried on pay roll ...... 18 prohibition as to deduction by, from wages of workman .. 18 (1) penalty on, for deducting from wages of workman ...... 18(2) in Schedule 2 may be required to pay capital sum to Board 31 may be made individually liable in case of too many acci- dents or defective machinery ...................... 74 (4) liability of, where not assessed .......................... 89(2) in default as to pay roll statement or assessment ........ 93, 93a in default continues liable notwithstanding deficiency made up ............................................... 90 EMPLOYERS, appointment of committees of ............................ 101 contribution by, in Schedule 2 to expense of administration 103 action by workman against, under Part II ................ 106 liability of, under Part II ................................ 106 (2) EMPLOYERS' ASSOCIATIONS, * may be formed .......................................... 101(1) rules of ................................................ 101 (2) expenses of ............................................ 101(3) appointment of inspectors by .... ........................... 101 (3) EMPLOYERS' LIABILITY COMPANY, Commissioner not to hold shares in ...................... 56 (1) (6) INDEX TO ACT. 75 SECTION EMPLOYMENT, defined 2 (1) (g) accident must arise out of 3(1) in course of 3(1) casual, where Part I does not apply to 3(4) right of workman under Part II 105 by same employer, meaning of 41(4) ESTIMATE OP WAGES, to be furnished by employer and verified by statutory dec- laration 78 (1) separate, for each branch of industry carried on 78 (2) where employer fails to furnisji, Board may make pro- visional estimate 78 (3) penalty in case of failure to furnish 78 (4) EXAMINATION. See Medical Examination. of affairs of Board by Superintendent of Insurance required at least once each year 67 of pay roll by officers of the Board '. . . 79 (1) penalty for obstructing _. 79 (2) of premises by officers of the Board ' si (1) EXCLUDING INDUSTRIES FROM CLASSES, authority of Board 74 (1) may be by number limit 75 (1) right of employer to elect to come under Part I notwithstand- ing exclusion by Board 75 (2) EXPENSES, allowance for, in contested claims 61 of administration, contribution by province towards 68 of employer in Schedule 2 towards , 103 burial where no dependants 36 insurance of employer's workmen by Board, collection of 29 special surgical operation 22 (a) medical attention, care and nursing where no depend- ants 36 FAILURE, of employer to pay assessment 8T furnish statement 78 (3) workman to give notice of accident 99 (2) employer to give notice of accident 99 (2) workman to submit to medical examination ,. 22(3) FARM LABOURERS, Act does not apply to or to employers 109 FATAL ACCIDENTS ACT, application of, to Part II contributory negligence not a bar to recovery under 107 other common law rules not a bar to recovery under 107 FELLOW SERVANT RULE, abrogated under Part II 107 FOREIGN COUNTRIES, law of, workman entitled under to elect 7 payment of compensation in certain cases, affected by .... FUNERAL EXPENSES, limited where there are dependants to $75.00 33 (a) may be paid where no dependants 36 GRATUITIES, to workman by employer during disability, how to be treated 42 7 1) INDEX TO ACT. SECTION GOVERNMENT, annual report to 66 Regulations of Board to be approved by 77 may disallow any Regulation of Board 64(1) approval of salaries by 59 (1) HAZARD, of business clerks exposed to 2(1) (p) apportioning assessment according to 74 (2) making subclasses according to 74 (2) HOSPITAL EXPENSES, payable where there are no dependants HUSBAND, amount of compensation to invalid 33- (1) (6) IMPAIRMENT OF EARNING CAPACITY, basis for compensation for permanent partial disability . . where less than 10% may be commuted by lump sum 38 (2) INDEMNITY, by contractor or sub-contractor 10 (5) INDIVIDUAL LIABILITY, employer in Schedule 2 subject to under Part II ^subject to in case of negligence . . 106 INDUSTRIAL DISEASE, defined 2(1) (ft) list of see Schedule 3 100 certain presumptions as to lOO (7) how compensation to be fixed in case of 100 (6) names of former employers to be furnished by claimants on account of 100 (3) last employer may bring in former employer in case of 100 (4) where result of gradual process former employer to contribute 100 (5) where result of injury 100 (8) INDUSTRY, defined 2 (1) (i) Commissioner not to have interest in 56 (1) (a) Board to determine status of 60 (2) excluded from class on account of too many accidents 74 (4) defective machinery .... 74(4) withdrawal of from classes 74 (1) transfer of from one class to another 74 (1) adding to class where not already included 74 (1) (c) excluded from class by number limit 75 (1) where established after assessment made % (1) temporarily carried on 97 (1) INFANT, payment to suitable person on behalf of 33 ( 4 ) 44 application by Board of compensation to 44 INFORMATION, given to Hoard to be confidential , 82(1) penalty for divulging 82 (2) INJUNCTION, proceedings of Board not to be restrained by 60(1) INSPECTION OF PREMISES. See Examination. I NSURANCE, Board may require, under Schedule 2 2 INDEX TO ACT. 77 SECTION INSURANCE COMPANY, annuity from, to form basis of compensation 26(1) Board may require, to commute payments under insurance contract 27(1) Board may require payment under contract of, directly to Board instead of employer 30(1) wl^en notice of claim to be given to 30 (2) determination by Board of liability of, under contract 30 (2) INVALID, denned 2(1) (j) widower, compensation to 33 (1) (6) INVESTMENT, of reserves, as trustee may invest trust moneys 92 of compensation, commuted for lump sum 25 (3) K ISDiICTIQN, of Board, general 60 (1) in arranging, establishing and excluding classes 74, 75 LIABILITY, individual, of employers in Schedule 2 4 of employers in Schedule 1 to contribute to accident fund.. 5 no, on employers in Schedule 1 to pay compensation 5 of employers where too many accidents have happened .... 74 (4) ways, works and machinery defective.. 74(4) in death cases under Part II as under Fatal Accidents Act 106 (1) of employers outside scope of Part I ._ 106 (2) LIMITATION OF TIME, within which workman to make claim 20 (1) employer to make return of accident 99' (1) must pay assessment 86(1) LUMP SUM, commutation of weekly or periodical payments for 25 (1) application and investment of 25 (3) payment of, to widow on remarriage 34 (1) where partial impairment is under 10% 38(2) MACHINERY, increasing assessment, etc., owing to defective 74 (4) action for injury caused by defective 106(1) liability of person employing defective 10*6 (2) MANUFACTURING, defined . . 2 (1) (fc) MARRIAGE OF WIDOW, two years' pension payable as lump sum in case of 34 (1) MAXIMUM EARNINGS. See Average earnings. MECHANICS' AMD; WAGE EARNERS' LIEN ACT, duty of owner under, to see to payment of assessments of employers 98 MEDICAL ATTENDANCE, special medical and surgical operations in certain cases . . 22 (a) Including nursing, care and maintenance 36 payment for, where no dependants 36 MEDICAL EXAMINATION, workman claiming compensation to submit to ... 21 (1) by Medical Referee 22 (2) workman to submit to, when required 22 (3) 78 INDEX' TO ACT. MEMBER OF THE FAMILY, defined when entitled to compensation wholly or partially dependant MENIAL SERVANTS, Act does not apply to 109 MISCONDUCT, serious and wilful, when a bar to right to compensation... 3 (1) (&) MONTHLY PAYMENTS, to cease on remarriage of widow 34 (1 ) children to cease at age of 16 provision for, instead of weekly or fortnightly 43 MUNICIPAL CLERK, to act as collector of assessments in certain cases 95 (1) fee to be paid to, for his services 95 (2) MUNICIPAL CORPORATION, liability of . . . . 2 (2) NEGLIGENCE, action by workman against employer on account of contributory, not a bar to recovery by workman 107 of workman may be considered in assessing damages fellow servant, rule as to, abrogated 107 employer need not be shown in claiming under Part I NOTICE OF AOCHDENT, when to be given by workman 20 (1) what to contain . . .'. how to be given to employer 20 (3) Hoard failure of workman to give, effect of by employer, what to contain when and how to be given penalty on employer for not giving NOTICE OF ELECTION. See Election. OATHS, authority of officers of Board to administer 79(3) ONTARIO, accidents happening out of election in case of accidents happening out of dependants residing out of 8 injured workman ceasing to reside in 14 ORDERS OF BOARD, how enforced 63 OUTWORKER, defined 2(1) (n) Part I of Act not to apply to 2 (1) (p) right to claim under Part II 105 OWNER, under Mechanics' Lien Act, liability of 98 liable to pay contractor's assessment in certain cases 10 (3) PAYMENTS, of compensation monthly in fatal cases weekly in non-fatal cases 37 Board may make fortnightly or monthly.. 43 to child to cease at age 16 35 see periodical payments. PARENTS, amount of compensation t 33 (1) (e) INDEX TO ACT. PAY ROLL STATEMENT, to be made to Board by employer annually or oftener if required separate, for each branch of industry Board may fix assessment on failure of employer to furnish penalty for failure to furnish examination of books, etc., to verify penalty for obstructing examination of adding percentage to assessment in case of inaccurate as basis of assessment deduction where salary or wage exceeds $2,000 furnishing, where industry established after assessment made PENALTIES, for deducting part of assessment from workmen's wages . . giving out information by officials of Board misstating pay roll non-payment of assessment - relief from failure of employer to give notice of accident for obstructing examination of pay roll or premises contravention of Regulations of Board how recovered and applied for contravention of rules or safety associations on employers for not furnishing statements relief from for failure to furnish pay roll where industry established after assessment PENSION, to widow to cease upon remarriage consideration of, in fixing payments of compensation PERIODICAL PAYMENTS, not assignable or liable to attachment suspension of, for refusal to be examined review of commutation of, for lump sum on application of employer Board may require payment sufficient to commute Board may require capital sum in certain cases Board may require security for powers of Board respecting frequency of payment PERMANENT DISABILITY, capitalization of compensation in case of where disability is total, compensation for partial, compensation for where impairment less than 10% PLEDGING OP COMPENSATION, not permitted ,PLANT, action for injuries caused by defective liability of person employing defective POLICE VILLAGE, application of Act to board of trustees of PRESUMPTIONS, as to accident arising out of employment in course of employment contraction of industrial disease ^ PRESSING NEED, special advance in case of PRINCIPAL, liability of, for compensation to workman of sub-contractor of, for payment of assessment owing by contractor or sub-contractor of, owner as under Mechanics' Lien Act SECTION 78(1) 78(2) 78 (3) 78 (4) 79 (1) 79 (2) 80 (1) 84 (2) 85 (2) 96 (1) 18 (2) 82 (2) 80(1) 93, 930 93a (2) 99 (2) 79 (2) 64 (3) 83 64 (3) 78(4) 80 (2) 96 (3) 34 (1) 42 (1) 19 22 (3) 23 25 26 28 31 (1) 31 (2) 43 31 (1) 37 38 (1) 38 (2) 19 10b 106 (2) 2 (2) 3 (2) 3 (2) 100 (7) 25 (4) 10 (1) 10 (3) 98 80 INDEX TO ACT. PRIORITY OF ASSESSMENTS AlND COMPENSATION, SECTION under Assignments and Preferences Act 9 80 Trustee Act 98o Ontario Companies Act 98a PROVISIONAL ASSESSMENT. flee Assessment. PROHIBITION, no restraint of proceedings of Board by 60 (1) PUBLIC INQUIRIES ACT, powers under, conferred on Board for examination and inquiry 79 (1) PUBLIC UTILITIES COMMISSION, application of Act to trade or business of . . . i 2(2) RAILWAYS, accidents on, out of Ontario 6 (1) (b) construction and operation of, in Schedule 2. REFEREE. See Medical Referee. REGULATIONS, defined 2 (1) (o) Board may make necessary 64 disallowance by Government 64 (1) publication 64 (2) penalty for contravention of 64 (3) when effective 77 REPAIR, included in construction 2(1) (d) REPEAL of Workmen's Compensation for Injuries Act, R.S.O., 1914, c. 146 /.. no REPORT OF BOARD, annual, to Government 66 RESERVE FUND, to be maintained sufficiently at all times 72(1) how far to be equal to capitalized value 72 (1) uniform as to all classes 72 (2) when compensation payable out of 70 special assessment to recoup ' 70 to be provided for in subsequent assessments 85 (1) including sums for, in assessments investment of 92 RESIDENT OUT OF ONTARIO. See Ontario. REVIEW OF COMPENSATION. See Compensation. RIGHT OF ACTION. See Action. SAFETY APPLIANCES, special liability on employers on account of, being inadequate 74 (4) inspection as to adoption of 81 (1) SCALE OF COMPENSATION , See Compensation. SCHOOL BOARD, application of Act to 2(2) SCOPE OF PART I, general application 104 to what kind of injuries 3(1) to what kind of diseases 100 exceptions 3(1) (a) industries not specifically included in classes 73 SCOPE OF PART II, application 105 INDEX TO ACT. 81 SCHEDULE 1, SECTION as altered by Regulations Page &0 liability of employer under, to contribute to accident fund 5 SCHEDULE 2, as amended Page 53 employers under, individually liable * 4 SCHEDULE 3, Page 54 SECRETARY OF BOARD, appointment and duties of ; 59 ( 1 ) SECURITY FOR COMPENSATION, employer in Schedule 2 may be required to give 31 (2) SERIOUS AND WILFUL MISCONDUCT, See Misconduct. SERIOUS "DISABILITY. See Disability. SET OFF, no right to, against compensation 19 SEVEiN DAYS, disablement for 3 (1) (a) SPECIAL ADVANCES, may be made in case of pressing need 25 (4) SHIPS, accidents on, out of Ontario 6(1) (&) STATEMENTS, to be furnished by employer 78(1) failure to furnish 78(3) penalty for failure to furnish '. 78 (4) by employers to be confidential 82 STEAMBOATS, accidents on, out of Ontario 6 (1) (6) SUB-CLAiSS See Classes. SUBCONTRACTOR . See Contractor. * SUBROGATION, in case of claim against third party 9(3) SUMMARY CONVICTIONS ACT, penalty recoverable under ; 83 SUPERINTENDENT OF INSURANCE, annual examination of affairs of Board by 67 to determine sufficiency of accident fund 67 SUPPLEMENTARY ASSESSMENTS. See Assessments. SURGICAL OPERATION, authorized in certain cases 22 (a) SUSPENSION OF COMPENSATION, for refusal to submit to examination 22 (3) no payment during period of 32 TAX COLLECTOR'S ROLL, to be made use of for collecting assessments in default . . 95 TEMPORARY DISABILITY. See Disability. THIRD PARTY, where right of action against 9 right of workman where partial compensation recovered against >. 9i (2) subrogation in case of claim against 9 (3) 82 INDEX TO ACT. TIME, SECTION within which workman to give notice of accident 20 (1) to make claim 20 (1 ) for employer to give notice of accident 99 (1) payment of assessment 86 (1) UNDERWRITERS. See Insurance. VESSEUS. See Steamboats. WAGES, prohibition as to deduction from 18 (1) penalty for violation 18 ( 2) maximum, as basis of compensation 41(1) annual statement of, by employer to Board 78(1) separate statement of, for each branch of industry 78(2) Board to fix assessment on failure of employer to furnish statement of 78 (3) penalty for failure to furnish statement of 78(4) examination of books by Board's officers to verify state- ment of .s 79 (1) adding percentage to assessment for inaccurate statement of 80 (1) WAITING PERIOD 3(1) (a) WAIVING COMPENSATION. See Compensation. WAYS, increasing assessment on employer in case of defective action for injuries caused by defective 106 (1) liability of person employing defective 106 (21 WEEKLY PAYMENTS. See Payments. WIDOW, amount of compensation to 33 (1) ( 6) monthly payments to, to cease on remarriage 34(1) lump sum payable on remarriage of . . . ., 34 (1) payments to, in respect of children not affected by re- marriage of 34 (2) WILFUL AND INTENTIONAL ACT, included in definition of accident -- 2 (1) (o) WILFUL MISCONDUCT, bar to compensation if accident is attributable solely to.. 3 (1) (6) exception in death and serious disablement cases 2 (1) (ft) WITNESS, power of Board to compel attendance of 55 production of documents by 55 WORKMAN, defined .' 2(1) (p) serious and wilful misconduct of, when a bar to compen- sation 3 (1) (ft) election of, where accident happens out of Ontario 7 (1) by, to claim compensation or bring action against third party 9 (1) when employer deemed to be, for purpose of compensation 12 ceasing to reside in Ontario 14 right of, as against contractor instead of principal 10(1) cannot waive right to compensation must submit himself for medical examination if required . . 21 right of action by, under Part II 106(1) abrogation of Common Law rule in favor of 107 WORKMEN^ COMPENSATION BOARD. See Board. INDEX TO REGULATIONS (Note. Regulations whose effect is incorporated in the Schedules printed at the end of the Act are not included in this index.) Reg. Act, posting up information concerning 64 Architect business excluded 43 (n) Artificial flowers, manufacture of, excluded where less than 6 work- men . . T 45 (i) Artificial limbs, manufacture of, excluded where less than 6 work- men 45 (d ) Assessment, penalty for default in paying 51 Auction and sales stables excluded 43 (fc) Bakeries excluded where less than 6 workmen 45 (fc) Barber shops excluded ,43 (d) Beekeeping excluded '..... 43 (a) Blacksmith shops not incidental to an industry in Schedule 1 ex- cluded where less than 4 workmen 46 (d) Bleaching establishments excluded where less than 6 workmen .. 45 (e) Boot and shoe making and repairing in retail business excluded ... 44 (ft) Building or construction of any building to sell or let included . . 53 Building or construction of house within three years after building another house, included 53 Bus See conveyance of passengers and baggage. Butchering not incidental to an industry in Schedule 1 excluded where less than 4 workmen 46 (;) Butter manufacture excluded where less than 6 workmen 45 (7>) Cabinet work not incidental to an industry in (Schedule 1 excluded where less than 4 workmen 46 1 (e) Caps See clothing. Cheese manufacture excluded where less than 6 workmen 45 (&) Cleaning establishments excluded where less than 6 workmen .... 45 (e) Clock making and repairing in retail business excluded 44 (a) Clothing, industries carried on as part of in immediate connection with and for the purpose of an exclusively retail business dealing in, excluded 43 (p ) Clover ,mills, operation of, excluded where less than 6 workmen.. 45 (g) Coffee grinding in retail business excluded 44 (fc) Collars See clothing. Compensation, how payment of to be made by employers in Sched- ule 2 56 Confectioneries excluded where less than 6 workmen 45 (j) Conveyance of passengers and baggage, when excluded 43 (fc) Corsets See clothing. Creameries excluded where less than 6 workmen 45 (Z>) Dairies excluded where less than 6 workmen 45(6) Dentistry excluded 43 (h) Drug manufacturing in retail business excluded 44 (h) Dyeing establishments excluded where less than 6 workmen 45 (e) Educational work excluded 43 ( h) Elevators, freight or passenger, provisions respecting 31, 43 Ensilage cutters, operation of, excluded where less than 6 workmen 45 ( g) Employer, in default in paying assessment to pay added percentage 51 posting up information concerning Act 64 carrying on one industry that is under Part I declared not to bring others under 48 [83] 84 INDEX TO REGULATIONS. Reg. Excavation, when excluded 43 (o) Exclusions absolute ^ 43 operations in retail business 44 certain industries with less than 6 workmen 45 certain industries with less than 4 workmen and not incidental to other industries in Schedule 1 46 certain elevators 31 work or service not charged for which is incidental to an In- dustry not under Part I . 49 anything not carried on as a business or trade or for profit or gain or as part of, incidental to, or for the purpose of an industry which is included 52 certain operations of persons whose business is substantially farming .' 63 Farming, persons substantially carrying on 63 Feathers, manufacture of, excluded where less than 6 workmen.. 45 () Firewood, cutting and splitting of excluded where less than 6 work- men 45 (a) Florist business excluded 43 (a) Flowers, artificial, manufacture of, excluded where less than workmen 45 (i) Fruit growing excluded 43 (a) Fruit Growers' Associations, when operations of excluded 43 (a) Funeral directing excluded 43 (/) Furs See clothing. Gardening business excluded 43 (a) Garages, public, excluded 43 (fc) Hand laundries excluded 43 (ft) Harness making and repairing in retail business excluded 44 (c) Hats See clothing, and see millinery. Horticulture business excluded 43 (a) Hospital work excluded 43 (h) Hotel keeping excluded 43 (j) Ice, removal of, excluded where less than 6 workmen 45 (ft) Incidental work or service or operations, where included and where excluded 49, 50, 52, 63 Information concerning Act, posting up of 64 Interpretation of words and phrases 47 Industries, carrying on one that is under Part I declared not to bring others under *. 48 Jewellery making and repairing in retail business excluded 44 (a) Junk dealing excluded 43 (m) Laundries, hand, excluded 43 (6) Laundries, power, excluded where less than 6 workmen 45 (e) Live stock keeping and breeding excluded 43 (a) Livery stables excluded 43 (fc) Machine shops not incidental to an industry in Schedule 1, excluded where less than 4 workmen 46 (a) Mail carrying excluded 43 (g) Meat cutting in retail business excluded 44 (;) Medical work excluded 43 (h) Mercantile business excluded 43 (i) Millinery, trimming of women's hats in wholesale business, excluded 43 (r) Mining where less than 6 workmen excluded in certain cases 45 (/) Number limit exclusions 45, 46, 63 Optician business in retail business excluded 44 (d) INDEX TO REGULATIONS. 85 \ Reg. Pads, manufacture of not incidental to an industry in Schedule 1 excluded where less than 4 workmen 46 (i) Paper cutting in retail business excluded 44 (g) Payment of compensation, how to be made by employers in Sched- ule 2 56 Penalty for failure to pay assessment 51 Petroleum, pumping and collecting, when excluded 43 (s) Photographer, business of excluded 43 (q) Picture-framing not incidental to an industry in Schedule 1 excluded where less than 4 workmen 46 (g) Pfpe cutting in retail business excluded 44 (/) Plaster statuary, manufacture of excluded 43 (e) Poultry keeping and breeding excluded 43 (a) Power laundries excluded where less than 6 workmen 45 (e) Repair shops not incidental to an industry In Schedule 1 excluded where less than 4 workmen 46 (&) Restaurant keeping excluded 43 (;) i Retail business, certain operations connected with, excluded 44 Retail clothing business, industries part of, when excluded 43 (pY Retail mercantile business excluded 43 (i) Robes See clothing. Rubber stamps, manufacture of not incidental to an industry in Schedule 1 excluded where less than 4 workmen 46 (i) r 'Sausage manufacturing in retail business excluded 44 (i) Scavenging, excluded where less than 6 workmen 45 (ft) Seed-growing, business of, excluded 43 (a) Seedsman, business of, excluded 43 (a) Shirts See clothing. Shoemaking and repairing in retail business excluded 44(6) Shoe shine establishments excluded 43 (