5. The expression "agent" when used in relation to any "Agent' mine means any person having on behalf of the owner care or direction of any mine or of any part thereof, and superior to a manager appointed in pursuance of this Ordinance; 6. The expression "commissioner" means the commissioner "Commisof public works for the Territories; sioner" 7. The expression "inspector" means an inspector appointed “Inspector" under the provisions of this Ordinance; 8. The expression "manager" means a manager holding "Manager” a certificate of competency under the provisions of this Ordin ance; and "fire boss 9. The expressions "pit boss" and "fire boss" mean respec- "Pit boss" tively a pit boss and fire boss holding certificates as such issued under the provisions of this Ordinance; 10. The expression "board" means the board of examiner: “Board" provided by this Ordinance. C. O. 16, s. 2. EMPLOYMENT OF PERSONS IN COAL MINES. PRECAUTIONS FOR SAFETY: employees 3. The owner, agent or manager of every mine to which Register of this Ordinance applies shall keep in the office at the mine a register and shall cause to be entered in such register the name, age, residence and date of first employment of all persons employed in connection with the mine, and shall produce such Production of register to any inspector under this Ordinance at all reasonable. times when required by him, and allow him to inspect and copy the same. C. O. 16, s. 3. in mines 4. No boy under the age of twelve years nor any womai. Persons or girl of any age shall be employed or be permitted to be in not permitted the workings of any mine. 1899, c. 4, s. 1; rep. in part 1900, c. 3, s. 1. mine or com with parts 5. When there is a shaft or incline plane or level in any Entrance to mine to which this Ordinance applies, whether for the purpose munication of an entrance to such mine or of a communication from one part to another of such mine, and persons are taken up or down or along such shaft, plane or level by means of an engine, windlass or gin, driven or worked by steam or mechani- Who shall not cal power or by an animal or by manual labour, a person shall of machinery, not be allowed to have charge of such engine, windlas or gin or of any part of the machinery, ropes, chains or tackle connected therewith unless he is a male of at least eighteen years of age. C. O. 16, s. 5. be in charge etc. Failure to comply with 6. If any person contravenes or fails to comply with or registration or permits any person to contravene or fail to comply with any regulations is provision of this Ordinance with respect to the registration of 'employment an offence against Ordinance Misrepresentation as to age Persons not to work in mine unless every seam has two shafts Means of Communication and of ingress and egress to be provided Proviso persons employed in such mine or to the employment of persons about any engine, windlass or gin, he shall be guilty of an offence against this Ordinance; and in case of any such contravention or noncompliance by any person whomsoever the owner, agent and manager shall each be guilty of an offence against this Ordinance. C. O. 16, s. 6. 7. If it appears that a person employed in any mine or about an engine, windlass or gin connected therewith was employed on the representation of his parent or guardian that he was of that age at which his employment would not be in contravention of this Ordinance, and under the belief in good faith that he was of that age the owner, agent or manager of the mine and employer shall be exempt from any penalty in case it shall appear that the person so employed was not of such age and the parent or guardian making such false representation shall be deemed guilty of an offence against this Ordinance. C. O. 16, s. 7. 8. Notwithstanding any contract or agreement to the contrary the owner, agent or manager of a mine to which this Ordinance applies shall not employ any person in such mine or permit any person to be in such mine for the purpose of employment therein unless there are in communication with every seam of such mine for the time being at work at least two shafts or outlets separated by natural strata of not less than ten feet in breadth, by which shafts or outlets means of ingress and egress are available to the persons employed in such seam whether such two shafts or outlets belong to the same mine or one or more of them belong to another mine, and unless there is a communication of not less than four feet wide and three feet high between such two shafts or outlets, and unless there is at each of such two shafts or outlets or upon the works belonging to the mine and either in actual use or available for use within a reasonable time proper apparatus for raising or lowering persons at each such shaft or outlet: Provided that such separation shall not be deemed incomplete by reason only that openings through the strata between the two shafts or outlets have been made for temporary purposes of ventilation, drainage or otherwise, or in the case of mines where inflammable gas has not been found within the preceding twelve months for the same purposes although not temporary. C. O. 16, s. 8. . of foregoing 9. Every owner, agent or manager of a mine who acts in Contravention contravention of or fails to comply with the last preceding b owner section shall be guilty of an offence against this Ordinance. manager C. O. 16, s. 9. agent or mine may be 10. The Supreme Court or any judge thereof whether any Working of other proceedings have or have not been taken may upon the prohibited application of any person authorised thereto by the commissioner prohibit by injunction the working of any mine in which any person is employed or is permitted to be for the purpose of employment in contravention of section 8 hereof and may award such costs in the matter of the injunction as the court or judge thinks just; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Ordinance. (2) Written notice of the intention to apply for such injunction in respect of any mine shall be given to the owner, agent or manager of such mine not less than ten days before the application is made. C. O. 16, s. 10. provisions as shall not apply 11. The provisions of this Ordinance with respect to shafts When or outlets shall not apply in the following cases, that is to say: to shafts 1. In the case either of opening a new mine for the purpose of searching for or proving minerals or of any working for the purpose of making a communication between two or more shafts, so long as not more than twenty persons are employed below ground at any one time in the whole of the different seams in connection with each shaft or outlet in such new mine or such working; 2. In the case of any proved mine so long as it is exempted in writing by the commissioner on the ground either: (a) If the mine is not a mine with inflammable gas, that and so long as there are not employed below ground at any one Parts of mine worked separately treated as separate mines Objection to division of mine into parts Daily supervision of manager Penalty for working without manager Exemption Contractor Certificate of manager the mine is not a mine with inflammable gas) then such larger number of persons as may for the time being be allowed by the commissioner. C. O. 16, s. 11. 12. Where two or more parts of a mine are worked separately the owner, agent or manager of the mine shall give notice in writing to that effect to the commissioner, and thereupon each such part shall for all the purposes of this Ordinance be deemed to be a separate mine. (2) If the commissioner is of opinion that the division of a mine in pursuance of this section will permit of the evasion of the provisions of this Ordinance or in any way prevent the carrying of this Ordinance into effect, he may object to such division by notice served on the owner or agent of the mine. C. O. 16, s. 12. MANAGERS OF MINES. 13. Every mine to which this Ordinance applies shall except as hereinafter provided be under the control and daily supervision of a manager who has obtained a certificate of competency in accordance with the provisions of this Ordin ance. (2) If any mine to which this Ordinance applies is worked for more than thirty days without there being such a manager the owner and agent of such mine shall each be guilty of an offence against this Ordinance. (3) A mine in which less than twenty persons are ordinarily employed below ground shall be exempt from the provisions of this section unless the commissioner by notice in writing served on the owner or agent of such mine requires the same to be under the control of a manager. C. O. 16, s. 13. 14. A contractor for the mining of coal or a person employed by such contractor shall not be eligible for the position of manager in any mine operated under the provisions of this Ordinance. C. O. 16, s. 14. 15. A certificate of competency as a manager in form approved by the commissioner may be issued by the commissioner to any person who is entitled thereto under the provisions of this Ordinance, but no such certificate shall be issued to any person who has not had five years' practical experience of coal mining operations under ground. C. O. 16, s. 15. certificate 16. Every person to whom a certificate of competency as Recording of a manager is issued shall be duly recorded as the holder of such certificate and shall pay therefor to the commissioner a fee of $5. C. O. 16, s. 16. certificates to holding certificates 17. Every person holding a first class certificate of com- Granting petency as a manager of coal mines obtained by examination persons in any province of Canada or other part of Her Majesty's foreign dominions or in the United States of America may apply to the commissioner to be granted a certificate of competency under the provisions of this Ordinance; such application shall be accompanied by the certificate or certificates held by the applicant and he shall furnish such further proof as to his practical experience, ability, sobriety and general good conduct as the commissioner may require; if the certificates forwarded with such application and the further proof required as to practical knowledge, sobriety and general good conduct are of a satisfactory character the commissioner may issue a certificate of competency to such applicant and record him as the holder of such certificate. C. O. 16, s. 17. certificate 18. Any person not the holder of a certificate of com- Service petency as a manager of coal mines obtained by examination in any province of Canada or other part of Her Majesty's dominions or the United States of America, who before the nineteenth day of September, 1898, had five years' practical experience in coal mining operations under ground and who on the said date was acting as the manager of any mine, may apply to the commissioner to be granted a certificate of competency as a manager under the provisions of this Ordinance; and if the proof of such service and such further proof of the sobriety, ability and general good conduct of the applicant as the commissioner may require is of a satisfactory character the commissioner may issue a certificate of competency as a manager to such applicant and duly record him as the holder of such certificate." C. O. 16, s. 18. board 19. For the purpose of examining candidates who may Examining desire to obtain certificates of competency as managers and who are not qualified for such certificates under the provisions of sections 17 and 18 of this Ordinance, there shall be a board. of examiners consisting of the inspector, a certificated manager and a miner who has had at least five years' practical experience of coal mining under ground; the inspector shall be a permanent member of such board and the manager and miner shall be appointed by him at each mine during the time of his first and last inspection during each year. |