CHAPTER 23 An Act to make Regulations with respect to Coal Mines. SHORT TITLE. 1. This Act may be cited as "The Coal Mines Act." C. O. Short title 1898, c. 16, s. 1. INTERPRETATION. tion 2. In this Act unless the context otherwise requires the Interpretaexpression: 1. "Mine" includes every shaft in the course of being sunk "Mine" and every level and inclined plane in the course of being driven for commencing or opening any coal mine, and all the shafts, levels, planes, works, machinery, tramways and sidings, both below ground and above ground, in and adjacent to a coal mine, and any such shaft, level and inclined plane belonging to such coal mine; 2. "Shaft" includes pit; "Shaft" 3. "Plan" includes a map and cross section and a correct “Plan" copy or tracing of any original plan as so defined; 4. "Owner" when used in relation to any mine means any "Owner" person or body corporate who is the immediate proprietor or lessee or occupier of any mine or of any part thereof, and does not include a person or body corporate who merely receives a royalty, rent or fine from a mine or is merely the proprietor of a mine subject to any lease, grant or license for the working thereof and is merely the owner of the soil and not interested in the minerals of the mine; but any contractor for the working of a mine or any part thereof shall be subject to this Act in like manner as if he were an owner but so as not to exempt the owner from any liability; 5. "Agent" when used in relation to any mine means any "Agent" 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 Act; 6. "Minister" means the minister of public works for "Minister" Saskatchewan; 7. "Inspector" means an inspector appointed under the "Inspector” provisions of this Act; 8. "Manager" means a manager holding a certificate of "Manager” competency under the provisions of this Act; "Pit boss" and "fire boss" "Board" Register of employees 9. "Pit boss" and "fire boss" mean respectively a pit boss and fire boss holding certificates as such issued under the provisions of this Act; 10. "Board" means the board of examiners provided by this Act. C. O. 1898, c. 16, s. 2. EMPLOYMENT OF PERSONS IN COAL MINES. PRECAUTIONS FOR 3. The owner, agent or manager of every mine to which this Act 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 Production of in connection with the mine, and shall produce such register to any inspector under this Act at all reasonable times when required by him and allow him to inspect and copy the same. C. O. 1898, c. 16, s. 3. 4. No boy under the age of twelve years nor any woman or girl of any age shall be employed or be permitted to be in the workings of any mine. 1899, c. 4, s. 1. 5. When there is a shaft or inclined plane or level in any mine to which this Act applies, whether for the purpose 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 mechanical power or by an animal or by manual labour a person shall not be allowed to have charge of such engine, windlass 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. 1898, c. 16, s. 5. 6. If any person contravenes or fails to comply with or permits any person to contravene or fail to comply with any provision of this Act with respect to the registration of 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 Act; 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 Act. C. O. 1898, c. 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 Act 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 Act. C. O. 1898, c. 16, s. 7. to work in every seam communica 8. Notwithstanding any contract or agreement to the con- Persons not trary the owner, agent or manager of a mine to which this mine unless Act applies shall not employ any person in such mine or has two permit any person to be in such mine for the purpose of shafts 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 Means of and three feet high between such two shafts or outlets and tion and of unless there is at each of such two shafts or outlets or upon egress to be 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 incom- Proviso plete 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. 1898, c. 16, s. 8. ingress and provided tion of 9. Every owner, agent or manager of a mine who acts in Contravencontravention of or fails to comply with the last preceding foregoing section shall be guilty of an offence against this Act. C. O. agent or 1898, c. 16, s. 9. manager prohibited 10. The supreme court or any judge thereof whether any working of other proceedings have or have not been taken may upon the pronbay be application of any person authorised thereto by the minister 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 Act. (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. 1898, c. 16, s. 10. When provisions as to shafts shall not apply Parts of mine worked separately treated as separate mines Objection to division of mine into parts 11. The provisions of this Act with respect to shafts or outlets shall not apply in the following cases, that is to say: 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 minister on the ground either: (a) If the mine is not a mine with inflammable gas, that sufficient provision has been made against danger from other causes than explosions of gas by using stone, brick or iron in the place of wood for the lining of the shaft and the construction of the midwall; or (b) That the workings in any seam of a mine have reached the boundary of the property or other extremity of the mineral field of which such seam is a part and that it is expedient to work away the pillars already formed in course of the ordinary working; and so long as there are not employed below ground at any one time in the whole of the different seams in connection with the shaft or outlet in any such mine more than ten persons or (if 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 minister. C. O. 1898, c. 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 minister and thereupon each such part shall for all the purposes of this Act be deemed to be a separate mine. (2) If the minister is of opinion that the division of a mine in pursuance of this section will permit of the evasion of the provisions of this Act or in any way prevent the carrying of this Act into effect he may object to such division by notice served on the owner or agent of the mine. C. O. 1898, c. 16, s. 12. Daily supervision MANAGERS OF MINES. 13. Every mine to which this Act applies shall except as of manager 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 Act. (2) If any mine to which this Act applies is worked for Penalty for more than thirty days without there being such a manager the without owner and agent of such mine shall each be guilty of an offence against this Act. working manager (3) A mine in which less than twenty persons are ordinarily Exemption employed below ground shall be exempt from the provisions of this section unless the minister 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. 1898, c. 16, s. 13. cannot be 14. A contractor for the mining of coal or a person Contractor employed by such contractor shall not be eligible for the posi- a manager tion of manager in any mine operated under the provisions of this Act. C. O. 1898, c. 16, s. 14. 15. A certificate of competency as a manager in form certificate approved by the minister may be issued by the minister to of manager any person who is entitled thereto under the provisions of this Act; 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. 1898, c. 16, s. 15. 16. Every person to whom a certificate of competency as a Recording of manager is issued shall be duly recorded as the holder of such certificate certificate and shall pay therefor to the minister a fee of $5. C. O. 1898, c. 16, s. 16. to persons foreign 17. Every person holding a first class certificate of com- Granting petency as a manager of coal mines obtained by examination certificates in any part of his Majesty's dominions or in the United States holding of America may apply to the minister to be granted a certifi- certificates cate of competency under the provisions of this Act; 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 minister 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 minister may issue a certificate of competency to such applicant and record him. as the holder of such certificate. C. O. 1898, c. 16, s. 17. 18. For the purpose of examining candidates who may Examining desire to obtain certificates of competency as managers and board who are not qualified for such certificates under the provisions of section 17 of this Act 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 |