SCHEDULE.

FORM A.

(Section 3.)

FORM OF GUARANTEE.

Pursuant to the Statute in that behalf I do hereby on behalf of the Province of Alberta guarantee, in case of default by the makers, payment of principal and interest of the within promissory note.

Dated this.

day of.

A.D. 19...

Provincial Secretary. [1918, c. 9, Schedule A.]

DIVISION XVII. LABOUR AND WAGES.

CHAPTER 176.

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

of Their Employment.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title.

1. This Act may be cited as "The Workmen's Compen- Short title sation Act, 1908."

Interpretation.

[1908, c. 12, s. 1.]

Interpretation

2. In this Act, unless the context otherwise requires,
(a) "Dependants" shall mean such of the members of Dependants
a workman's family as were wholly or in part
dependent upon the earnings of such workman at
the time of his death, or would but for the inca-
pacity due to the accident have been so depen-
dent; and, where the workman, being the parent or
grandparent of an illegitimate child, leaves such a
child so dependent upon his earnings, or, being
an illegitimate child, leaves a parent or grandparent
so dependent upon his earnings, shall include
such illegitimate child and parent or grandparent
respectively;

(b) "Employer" shall include any body of persons Employer
corporate or incorporate, and the legal per-
sonal representative of a deceased employer, and,
where the services of a workman are temporarily
lent or let on hire to another person by the person
with whom the workman has entered into a con-
tract of service or apprenticeship, the latter shall,
for the purposes of this Act, be deemed to continue
to be the employer of the workman whilst he is
working for that person;

work

(c) "Engineering work" shall mean any work of Engineering
construction or alteration or repair of a railroad,
harbour, dock, canal, water main or sewer, and
shall include any other work for the construction,
alteration or repair of which machinery, driven
by steam, water or other mechanical power, is
used, but shall not include any ditch, drain, well

Factory

Member of a family

Mine

Outworker

Quarry

Railway

Undertaker

or other excavation on a farm being constructed or repaired for the purposes of such farm, or any adjoining farm or farms; [1913(1), c. 9, s. 39(1).] (d) "Factory" shall mean a building, workshop, or place where machinery driven by steam, water or other mechanical power is used, and shall include mills where manufactures of wood, flour, meal, pulp or other substances are being carried on, also smelters where metals are sorted, extracted or operated on; every laundry worked by steam, water or other mechanical power, and also any dock, wharf, quay, warehouse, ship-building yard, where goods or materials are being stored, handled, transported or manufactured, but shall not include any building, workshop, place or mill on a farm used for the purposes of such farm;

(e) "Member of a family" shall mean a wife, husband, father, mother, grandmother, grandfather, stepfather, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, adopted child or foster-parent;

(f) "Mine" shall mean any kind of mine, and shall include every shaft in the course of being sunk, and every level and inclined plane in the course of being driven for commencing or opening any mine or for searching for or proving minerals, and all the shafts, levels, planes, works, machinery, tramways, railways and sidings, both below ground and above ground, in and adjacent to a mine, and any such shaft, level and inclined plane of and belonging to the mine, but shall not include any mine on a farm used for the purposes only of such farm;

(g) "Outworker" shall mean a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or 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 materials or articles;

(h) "Quarry" shall mean an open cut from which rock is cut or taken for building purposes, but shall not include any quarrying on a farm used for the purposes only of such farm;

(i) "Railway" shall mean a road, owned by a private person or public company, on which carriages run over metal rails, and shall include railways or tramways operated by electric or other power; () "Undertaker" shall mean, in the case of a railway, the person or company owning or operating

the railway; in the case of a factory, quarry,
laundry, smelter or warehouse, the owner, occupier
or operator thereof; in the case of a mine, the
owner or operator thereof, and in the case of an
engineering work or other work specified within
this Act, the person undertaking the construction,
alteration, repair or demolition;

(k) "Workman" shall mean any person who has Workman

entered into or works under a contract of service
or apprenticeship with an employer in any employ-
ment to which this Act extends, whether by way
of manual labour, clerical work, or otherwise,
and whether the contract is expressed or implied,
is oral or in writing, but shall not include any
person employed otherwise than by way of manual
labour whose remuneration exceeds twelve hundred
dollars a year, or an outworker; and any refer-
ence to a workman who has been injured shall,
where the workman is dead, include a reference
to his legal personal representative or to his de-
pendants or other person to whom or for whose
benefit compensation is payable.

[1908, c. 12, ss. 2, 10; 1913(1), c. 9, s. 39(1).]

Application.

of Act

3. This Act shall apply only to employment by the Application undertakers as herein defined, on or in or about a railway, factory, mine, quarry or engineering work, and to employment by the undertakers on, in or about any building which is either being constructed or repaired by means of a scaffolding, or being demolished, or on which machinery driven by steam, water, or other mechanical power is being used for the purpose of the construction, repair, or demolition thereof. [1908, c. 12, s. 2; 1913(1), c. 9, s. 39(1).]

application to

4. This Act shall not apply to any employment to which NonThe Workmen's Compensation Act (Accident Fund) applies. employment [1918, c. 5, s. 68.] Workmen's

under

Compensation
Act (Accident
Fund)

employers to

Liability of Employers to Workmen for Injuries. 5. (1) If in any employment to which this Act applies Liability of personal injury by accident arising out of and in the course workmen for of the employment is caused to a workman, his employer injuries shall, subject as hereinafter mentioned, be liable to pay compensation in accordance with schedule 1 to this Act: Provided that--

(a) the employer shall not be liable under this Act in
respect of any injury which does not disable the
workman from earning full wages at the work
at which he was employed;

Time for taking proceedings

(b) when the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible nothing in this Act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensation under this Act or take proceedings independently of this Act; but the employer shall not be liable to pay compensation for injury to a workman by accident arising out of and in the course of the employment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid;

(c) if it is proved that the injury to a workman is attributable to the serious and wilful misconduct of that workman no compensation shall be allowed in respect of that injury unless the injury results in death or permanent disablement.

(2) If any question arises in any proceedings under this Act as to the liability to pay compensation under this Act including any question as to whether the employment is one to which this Act applies or as to whether the person injured is a workman to whom this Act applies, or as to the amount or duration of compensation under this Act, the question, if not settled by agreement, shall, subject to the provisions of schedule 1 to this Act, be settled by arbitration, in accordance with the second schedule to this Act.

(3) If, within the time hereinafter in this Act limited for taking proceedings, an action is brought to recover damages independently of this Act for injury caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed, but the Court in which the action is tried shall, if the plaintiff so choose, proceed to assess such compensation, but may deduct from such compensation all or part of the costs which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Act, and in any such proceeding when the Court assesses the compensation it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction for costs, and such certificate shall have the force and effect of an award under this Act.

[1908, c. 12, s. 3; 1913(1), c. 9, s. 39(2).] Time for Taking Proceedings.

6. (1) Proceedings for the recovery under this Act of compensation for an injury shall not be maintainable unless