Duty of employer to post receipt Duty of workman to satisfy himself of payment of assessment Duty to report violation of Act Evidence in prosecutions Duty of employer to comply with provisions of Act (2) 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 hereto and the disease contracted is the disease in the first column of the said schedule set opposite to the description of such process the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved. (3) The Board may by the regulations require every physician treating a patient who is suffering from an industrial disease to report to the Board such information relating thereto as it may require. (4) 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 Act. [1918, c. 5, s. 59.] Notices and Receipts. 63. (1) Every employer shall keep posted in a conspicuous place on the premises where the work is carried on where it may be seen a certificate or duplicate of his last assessment receipt issued by the Board. (2) Every workman shall before entering into any employment to which this Act applies satisfy himself that his employer has paid his assessment and that the same is paid thereafter when due, so that he may receive compensation in case of injury. (3) Any person knowing of any violation of the provisions of this Act shall immediately report the same to the Board or to some person appointed by the Board. (4) In any prosecution for a violation of any of the provisions of this Act or any regulations made thereunder, whereby any person is required to transmit to the Board any statement or report or to pay to the Board any assessment or other amount, a certificate under the hand of the secretary and under the seal of the Board, certifying that such statement or report or payment has not been received by the Board, shall be prima facie evidence of the nontransmission of the statement or report or of the nonpayment of the assessment or other amount. [1918, c. 5, s. 60; 1920, c. 39, s. 12.] 64.—(1) No employer shall keep or have in his employment any workman unless such employer has complied with the provisions of this Act. (2) Where an employer ceases to be an employer he shall within ten days notify the Board by registered mail of his ceasing to be an employer within the meaning of this Act, and shall at the same time transmit a statement of the total amount of wages earned by all his workmen for the portion of the then current year during which he has continued in business. [1918, c. 5, s. 61; 1920, c. 39, s. 13.] employer to accidents 65.—(1) Every employer to whom this Act applies Duty of having knowledge of the happening of an accident to a give notice of workman in his employment by which the workman is disabled from earning full wages shall notify the Board by registered mail within twenty-four hours of such accident. (2) The physician or surgeon who attends an injured workman shall forward to the Board a report within seven days after the date of his first attendance upon such work man. (3) All books, returns, notices, reports, forms, or other documents or papers, and copies thereof required to be kept, posted or forwarded in accordance with the provisions of this Act or regulations made thereunder, shall be in a form approved by the Board. [1918, c. 5, s. 62; 1920, c. 39, s. 14.] Penalties. violation 66. (1) Any person who violates any of the provisions Penalty for of this Act or any regulations or orders made hereunder of Act shall be liable on summary conviction to a penalty not exceeding five hundred dollars and costs and in default of payment to imprisonment for a period not exceeding three months. further after (2) Any person being convicted for violating any of the Penalty for provisions of this Act or any regulations made hereunder, violation and failing after such conviction to comply with the pro- conviction visions of the Act or the regulations made hereunder for the breach of which he was convicted, shall be guilty of an additional offence, and on summary conviction shall be liable to a penalty of twenty-five dollars a day for each day such failure or default continues, and in default of payment to imprisonment for a period not exceeding three months. (3) The penalties imposed by or under the authority Recovery of of this Act shall be recoverable on summary conviction before a justice of the peace or a police magistrate and the provisions of Part XV of The Criminal Code shall apply to all prosecutions under this Act. penalties penalties (4) All penalties imposed by this Act shall when collected Disposition of be paid over to the Board and form part of the accident fund. [1918, c. 5, ss. 63, 64(2); 1920, c. 39, s. 15.] of persons in of Act 67. The Supreme Court or any judge thereof, whether Employment any other proceedings have been taken or not, may upon contravention the application of the Board prohibit by injunction the Prosecution by person appointed by Board Application of Act Exempted persons employment of any person in contravention of this Act 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 Act. ]1918, c. 5, s. 65.] 68. No prosecution shall be instituted for a violation of any of the provisions of this Act, except by some person appointed by the Board. [1918, c. 5, s. 66.] Application. 69. This Act shall apply to all classes of employment enumerated in schedules 1 and 2 hereto and The Workmen's Compensation Act, 1908, shall not be applicable in the case of any accident or injury happening to any workman engaged in an employment to which this Act applies. 70. Subject to the provisions of section 16 hereof this Act shall not apply to (a) persons whose employment is of a casual nature and who are employed otherwise than for the purposes of the employer's trade or business, saving and excepting those which may be brought within the scope of the Act by section 16 hereof; (b) outworkers; (c) persons employed in an industry of an itinerant nature assessments with regard to whom it is impracticable or difficult to collect; (d) persons employed by— The Canadian Pacific Railway Company, The Grand Trunk Pacific Railway Company, The Central Canada Railway Company, The Lacombe and Blindman Valley Railway as locomotive engineers, locomotive firemen, wipers, cablemen, locomotive crane engineers, rotary snowplow engineers, maintenance of way employees, sectionmen, section foremen, bridge and building foremen and men, towermen, signal maintainers and repair men, pump repair men, extra gang foremen, snowplow and flanger foremen, pile drivers, ditchers and hoisting engineers, track and bridge watchmen, signal men or watchmen on highway or railway crossings, or in connection with maintenance of way of the said railways as pipe fitters, blacksmiths, plumbers, painters, tinsmiths, masons, concrete foremen and men, bricklayers and plasterers; (e) persons employed in the industry of farming or ranching. [1918, c. 5, s. 69; 1919, c. 36, s. 15; 1920, c. 39, s. 16.] SCHEDULE 1. Class 1.-Employment in or about coal mines. Class 2.-Employment in or about coke ovens. Class 3.-Employment in or about briquetting plants. Class 4.-Employment in or about mines other than coal. Class 5.-Employees of workmen. [1918, c. 5, Schedule 1.] SCHEDULE 2. Any trade or business connected with the industries of lumbering; fishing; manufacturing; building; construction; engineering; transportation; operation of electric power lines and power plants; waterworks and other public utilities; operation of municipal police forces; municipal fire departments; navigation; operation of boats, ships, tugs, and dredges; operation of grain elevators; operation of warehouses; teaming; scavenging and street cleaning; painting; decorating and renovating; dyeing and cleaning; planing mills; flour milling; packing plants; printing; lithographing and engraving; telephone and telegraph systems; laundries run by mechanical power; excavation; well drilling; operation of gas and oil wells; quarrying; lumber yards; wood yards; ice; employment by the Crown in the right of the Province in any capacity whatsoever; and any occupation incidental to or connected with the industries enumerated in this schedule, also including moving pictures and theatres, and by way of specific enumeration, but not so as in any way to interfere with or affect the generality of the preceding words thereof, the following classes of industries. CLASSIFICATION. Class 13.-Lumbering, logging, river driving, rafting, booming; saw mills, shingle mills, lath and planing mills, sash and door factories, lumber yards (including delivery); manufacturing of wooden boxes, furniture, fixtures, small boats, canoes, mattresses, bed springs, artificial limbs: upholstering and picture framing; carpenter, joiner or cabinet work in shop. Class 15. Sand, shale, clay or gravel pits; manufacture of brick, tile, sewer pipe, glass products, porcelain, pottery, cement, concrete, plaster blocks, artificial stone; stone cutting and dressing; quarrying, stone crushing, lime kilns, marble works; manufacture, transmission, or distribution of natural or artificial gas or oil; manufacture of paint, chemicals, compounds, artificial ice; boring, drilling, sinking of artesian wells; preparation of metal or minerals; reduction of ores and smelting. Class 20. Garages, blacksmith shops, machine shops; tinsmithing, and sheet metal works; gas or electric welding; locksmiths, gunsmiths; ornamental iron works, foundries, rolling mills, fabrication of structural steel, iron or metal; manufacture of agricultural implements, vehicles, typewriters, cash registers, adding machines, rubber stamps, pads, stencils, gold or silver ware, jewellery, food products; creameries, bakeries. Class 27.-Grain elevators, flour milling, manufacturing of cereals, cattle foods; liquor, beverages, wine, vinegar, cider (including bottling); packing plants, abattoirs; manufacturing of meat products, soap, toilet preparations, drugs, medicines. Class 37.-Warehousing, storage, teaming, cartage; wood and coal yard (including teaming); manufacture of wearing apparel; power laundries, dyeing, cleaning, bleaching, printing, lithographing, engraving; moving pictures and theatres; manufacture of leather goods, rubber goods, tobacco products, textiles, fabrics, scrap and junk dealers, liveries, stable, taxi, or motor; aeroplane transportation; aeroplane mechanics; janitors, mail contractors. Class 39.-Building construction, concrete or cement work, brick-laying, masonry, structural carpentry, lathing, plastering, floor-laying, painting, decorating, renovating, roofing; sheet metal work on buildings; electric wiring; installation of lighting fixtures; plumbing, heating, sanitary engineering, gas and steam fitting, sewer or water work construction; tunnelling, well-digging, trenching; excavation work for foundations; road-making, street-paving, culvert construction, house-wrecking, house-moving, construction, installation or operation of electric light plants, power plants, telegraph lines, telephone lines; bridge construction; installation of elevators, fire escapes, engines, |