Method of sending Form of returns, etc. (2) All notices and documents required by this Act to be served on or sent to the Minister or Chief Inspector may be either delivered personally or sent addressed to him at the Seat of Government by prepaid registered letter, and all notices and documents required by this Act to be served on or sent to the district inspector may be either delivered personally or sent by prepaid registered letter addressed to his last known place of abode. (3) All notices and documents required by this Act to be sent by the Minister or an inspector, may be either served personally upon the parties affected thereby or sent by prepaid registered letter to their last known place of abode. (4) The said notices if served or sent by post shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such service or sending, it shall be sufficient to prove that the letter containing the notice was properly addressed, registered and put into the post. [1913(1), c. 4, s. 127; 1921, c. 5, s. 14(2).] 129. All books, returns, notices, reports, forms and copies thereof required to be kept, posted or forwarded in accordance with this Act shall be in a form approved of by the Minister. [1918, c. 38, s. 22.] Penalty for violation of agent, Penalties. 130.-(1) Every owner, agent, manager, overman or Act by owner, examiner who violates any of the provisions of this Act or of the regulations, rules or orders made hereunder shall on summary conviction be liable to a penalty not exceeding one hundred dollars and costs. manager, etc. Additional power of court in certain cases (2) Every other person who violates any of the provisions of this Act or of the regulations, rules or orders made hereunder shall on summary conviction be liable to a penalty not exceeding fifty dollars and costs. [1913(1), c. 4, s. 128; 1918, c. 38, s. 23.] 131. When any person is found guilty of an offence against this Act or against any regulations, rules or orders made hereunder, which might reasonably have been expected to cause a serious accident or to result in personal injury, the tribunal adjudicating thereon shall be entitled to impose imprisonment with hard labour for a period not exceeding three months in addition to any other penalty imposed if it is shown that the offence was committed either wilfully or so negligently as to amount to a wilful violation of this Act. [1913(1), c. 4, s. 129; 1918, c. 38, s. 24.] Prosecutions. additional to by other Acts 132. (1) The penalties imposed for a breach of any of Penalties the provisions of this Act shall be in addition to any penalty those imposed imposed by any other Act for the same offence or matter. [1913(1), c, 4, s. 132.] of penalties (2) All penalties imposed by this Act shall when col- Disposition lected form part of the general revenue fund of the Province. [1913(1), c. 4, s. 130.] 133. (1) Where any prosecution is instituted for violation of any of the provisions of this Act by or with the consent in writing of the Minister, the provisions of Part XV of The Criminal Code in reference to summary convictions shall be applicable. (2) In case any prosecution is instituted for violation of any of the provisions of this Act without the consent in writing of the Minister, such proceedings shall be brought summarily before a judge of the District Court of the judicial district in which such violation was committed, sitting and acting as a justice of the peace under the provisions of Part XV of The Criminal Code, which provisions shall apply mutatis mutandis to such proceedings. [1918, c. 38, s. 25.] result of prosecution 134. Where any prosecution is instituted for the Reporting violation of any of the provisions of this Act, or the rules, hearing of regulations or orders made hereunder, the person instituting to Minister such prosecution shall within fifteen days after the hearing of the case report the result thereof to the Minister. [1918, c. 38, s. 26.] 135. In any prosecution or other proceedings for an Defence offence against this Act, or any rule, regulation or order made hereunder, an alleged offender shall be discharged if he proves to the satisfaction of the tribunal before which the same is tried that he took all reasonable means to prevent the commission of such offence. [1913(1), c. 4, s. 134.] 136. Any complaint or suit made or brought in pur- Limitation suance of this Act shall be made or brought within six months from the time when the matter of such complaint or suit came to the knowledge of the prosecutor or complainant. [1913(1), c. 4, s. 135.] Information for Minister. required 137. The owner, agent or manager of every mine shall Information at any time when required by the Minister, send to him such information and facts relating to his mine as he may be [1913(1), c. 4, s. 136.] asked for. Publication by Minister of results of returns Powers of Lieutenant Governor in Certificates previously issued 138. The Minister may publish the aggregate results of any returns made to him. [1913(1), c. 4, s. 137.] Powers of Lieutenant Governor in Council. 139. The Lieutenant Governor in Council may from time to time (a) grant leases to any person covering the rights for mining coal under road allowances; (b) make arrangements for the installation and operation of mine rescue stations and cars; (c) determine what is sufficient accommodation as provided for in section 88 of this Act, and make regulations in regard thereto and for the provision of emergency hospitals by the owner, agent or manager of any mine and make such further or additional regulations, rules or orders as may be deemed necessary and proper in the interests of safety; (d) make and prescribe such forms and regulations as may be deemed necessary for the purpose of carrying out the provisions of this Act. [1918, c. 38, s. 27.] Certificates Previously Issued. 140. Every certificate of competency issued by the Commissioner of Public Works for the North-West Territories or by the Minister or Chief Inspector prior to the first day of August, one thousand nine hundred and thirteen, shall have effect as if made or granted under this Act, and the registers of holders of such certificates, and other registers which prior to the said date were kept in pursuance of the Acts hereby repealed shall be deemed to be registers or parts of registers kept in pursuance of this Act. [1913(1), c. 4, s. 139.] SCHEDULE. FORM A. (Section 45.) FORM OF NOTICE OF EXPLOSION OR ACCIDENT TO BE SENT TO THE MINISTER AND DISTRICT INSPECTOR OF MINES. Name and postal address of owner. Name of mine. Date... To the Minister, Edmonton, Alberta, or to the District Inspector (if to the District Inspector, insert the last known place of abode of such Inspector). In pursuance of The Mines Act, I beg to give you notice that an explosion (or accident as the case may be) has occurred at this mine, of which the following are the particulars: Name of person(s) killed. . . Name of person(s) injured. Occupation. Age... Date of accident. Time of accident. Place of accident. Date of first employment. Nature of injuries. Causes with full description of accident. Other remarks.. I am, Sir, Your obedient servant, Owner, Agent or Manager. [1913(1), c. 4, Schedule A; 1921, c. 5, s. 14(3).] HIS CHAPTER 191. An Act respecting Steam Boilers. IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. Short title Interpretation Boiler Certificate Dealer Department Engineer Fireman Inspection certificate 1. This Act may be cited as "The Boilers Act." Interpretation. [1918, c. 22, s. 1.] 2. In this Act, unless the context otherwise requires,- (b) "Certificate" shall mean a provisional, final or (c) "Dealer" shall include any person who is engaged (d) "Department" shall mean the Department of (f) "Fireman" shall mean any person having charge (g) "In charge" and "having charge" shall mean being in or having control and direction of the operation of a boiler or engine; (h) "Inspection certificate" shall mean the certificate issued by an inspector upon the last previous inspection of a boiler; |