1. Loss of life occurs to any person, the owner, agent or manager shall immediately thereafter send notice of the death by telegram to the Minister and to the District Inspector and within twenty-four hours thereafter shall make a return to the Minister and to the District Inspector according to schedule A; 2. Serious personal injury occurs to any person, the owner, agent or manager shall within twenty-four hours thereafter make a return to the Minister and to the District Inspector according to schedule A; 3. Any personal injury whatever occurs to any person by reason of any explosion of gas or coal-dust or any explosive or any explosion whatever, the owner, agent or manager shall immediately thereafter send notice of such explosion by telegram to the Minister and to the District Inspector and within twenty-four hours thereafter shall make a return to the Minister and to the District Inspector according to schedule A; 4. Any personal injury whatever occurs to any person by electricity or by overwinding or by or from such other cause or means as the Minister may designate, the owner, agent or manager shall within twenty-four hours thereafter make a return to the Minister and to the District Inspector according to schedule A; 5. Any personal injury, of which notice has been sent under this section, results in the death of the person injured, subsequent to the sending of such notice, then notice in writing of the death shall be sent to the Minister and to the District Inspector within twenty-four hours after such death has reached the knowledge of the owner, agent or manager; 6. Loss of life or serious personal injury has immediately resulted from an accident, the place where the accident occurred shall be left in the same condition as it was at the time of the accident for at least three days after sending notice as aforesaid to the Minister and to the District Inspector or until the visit to the place by an Inspector, whichever event happens first, unless compliance with this subsection would tend to increase or continue a danger, or would impede the working of the mine. 45. A record of the amount of ventilation passing in every Ventilation mine, required to be under the control of a manager, shall be sent monthly to the Minister and to the District Inspector on or before the twelfth day of each month. change of 46. When any change occurs in the name of any mine not Notice of exempt from compliance with this section by the Minister, or name, etc. in the name of the owner, agent or manager of such mine, or in the officers of any incorporated owner of such mine, or when any working is commenced for opening a mine or seam, or when any mine is abandoned or the working thereof discon tinued, or when the working of a mine is commenced after an abandonment or discontinuance for a period not exceeding two months the owner, agent or manager of such mine shall within two months after such change, commencement, abandonment, discontinuance or recommencement truly and correctly advise the Minister and the District Inspector thereof in writing. Fencing Plans of abandoned mines ABANDONED MINES. 47. Where any mine is abandoned or the working thereof discontinued, at whatever time such abandonment or discontinuance occurs, the owner thereof and every other person interested in the mineral of such mine, shall at all times cause the top of every shaft and every entrance from the surface to be kept securely fenced for the prevention of accidents: Provided that subject to any contract to the contrary, the owner of the mine shall, as between himself and any other person interested in the minerals of the mine, be liable to carry out the provisions of this section and to pay any costs incurred by any other persons interested in the minerals of the mine in carrying out the provisions of this section. (2) Nothing in this section shall exempt any person from liability under any other Act or otherwise. 48. When any mine is abandoned, the owner of the mine at the time of its abandonment, shall within three months thereafter forward to the Minister a proper and correct plan of the mine, showing (a) The boundaries of the workings of the mine showing the working faces, up to the time of abandonment; (b) The pillars of coal or other mineral remaining unworked; (c) The position, direction and extent of every known fault of every seam in the mine with its vertical throw and of every known washout and dyke; (d) The position of the workings with regard to the sur- (e) The general direction and rate of dip of the strata; (g) A section of every seam in the mine. (2) Every such plan shall be on a scale of not less than one hundred feet to the inch. (3) When more than one seam has been worked, a separate plan of each seam shall be forwarded. (4) Such plans and sections shall be kept by the Minister: Provided that if an abandoned mine is reopened, the owner shall be entitled to have the plans and sections returned to him on depositing with the Minister copies thereof or of such portions of same as the Minister may require, certified to be correct by a competent draughtsman. (5) No person except an Inspector shall be entitled, without the consent of the owner for the time being of a mine or authority from the Minister, to see any plan or section while in his possession but such authority shall not be given unless the Minister is satisfied that the inspection of such plan is necessary in the interests of safety. (6) When a mine has not been worked for a period of twelve months, it shall be deemed to have been abandoned unless the roadways and workings of same are maintained in an accessible condition; if any dispute shall arise as to whether or not a mine is abandoned under this Act, the same shall be decided by the Minister whose decision shall be final and there shall be no appeal therefrom. (7) A complaint or information for an offence under this section may be made or laid within six months after abandonment of the mine or within six months after service on the owner aforesaid of a notice to comply with the requirements of this section whichever last happens. (8) The Supreme Court may, on application by or on behalf of the Minister, make an order requiring any person who has for the time being the custody or possession of any plan or section of an abandoned mine or seam, to produce same to the Minister for the purpose of inspection or copying. INSPECTION. of Inspectors 49. The Lieutenant Governor in Council may from time to Appointment time appoint any person holding a first class certificate to be Chief Inspector under this Act and assign his duties and fix his remuneration. (2) The Lieutenant Governor in Council may also from time to time appoint any person holding a first class certificate to be a District Inspector under this Act for the district specified in such appointment, and may assign his duties and fix his remuneration. (3) Notice of the appointment of every such inspector shall be published in The Alberta Gazette. (4) An Inspector shall not act as a mining engineer or mine manager within the province. 50. An inspector shall visit every mine in his district as Duties often as his duties permit, or the exigencies of the case require. (2) Every inspector shall make an annual report of his proceedings during the preceding year to the Minister. Powers Obstruction of Inspector Causes of danger not specially provided for (3) Immediately after completion of each inspection the District Inspector shall cause to be posted in some conspicous place at or near the mine a copy or duplicate of his report. 51. In addition to any other powers or duties with which he may be vested, an inspector shall have power to 1. Make such examination and inquiry as is necessary to ascertain whether the provisions of this Act relating to matters in or about any mine are complied with; 2. Enter, inspect and examine any mine or any part thereof at all times by day or night; 3. Examine into and make inquiry respecting the state and condition of any mine or any part thereof and the ventilation of the mine, and all matters and things connected with or relating to the safety of the persons employed in or about the mine or any mine contiguous thereto; 4. Exercise any such powers as are necessary for carrying this Act into effect. 52. No person shall obstruct an inspector in the execution of his duties under this Act and no owner, agent or manager of a mine shall refuse or neglect to furnish to an inspector the means necessary for making an entry, inspection, examination or inquiry under this Act in relation to any mine. 53. In every case which is not expressly provided against in this Act, if a District Inspector finds any mine or any part thereof or any matter, thing or practice in or connected with any mine to be dangerous or defective so as in his opinion to threaten or tend to the bodily injury of any person, he shall forthwith give notice in writing thereof to the owner, agent or manager of such mine and shall state in such notice the particulars in which he considers such mine or any part thereof or any matter, thing or practice to be dangerous or defective and require the same to be remedied; if the same cannot be remedied he may require the men to be withdrawn from the mine or part thereof and unless the same is forthwith remedied or the men withdrawn he shall report the same to the Chief Inspector. (2) If the owner, agent or manager of the mine objects to remedy the matter complained of or to withdraw the men, he shall within ten days after the receipt of such notice from the District Inspector forward his objections in writing, stating the grounds thereof to the Minister who may within ten days after receipt thereof, forward same by registered mail to the Chief Justice of Alberta and thereupon the matter including the costs in connection therewith shall be decided by arbitration by the said Chief Justice and two other arbitrators, one of whom shall be appointed by the Chief Inspector and the other by such owner, agent or manager and the award of the said Chief Justice with one of the other arbitrators shall be final; a copy of the award shall be sent by registered mail to the persons affected thereby. (3) Five days' notice of the time and place at which the arbitrators will hear such matter shall be given to the parties interested. (4) When no objection is forwarded as aforesaid by the owner, agent or manager, he shall comply with the terms of the notice within ten days after the expiration of the time for objection. (5) When there has been an arbitration the owner, agent or manager shall forthwith comply with the terms of the award made thereunder. (6) No person shall be precluded by any agreement from doing such acts as are necessary to comply with the provisions of this section or be liable under any contract to any penalty or forfeiture for doing such acts. 54. Where it appears to the Minister that a formal investigation of any accident in any mine or any matter connected with the working of any mine is expedient, the Minister may direct an inspector to hold such investigation and with respect to same, the following provisions shall apply: (2) The Minister may appoint any person or persons possessing legal or special knowledge to act with the Inspector in holding the investigation. (3) The Inspector shall make said investigation in such manner and under such conditions as he thinks most effectual. (4) In addition to his other powers the Inspector shall for the purpose aforesaid have (a) Power to enter and inspect any mine building or (b) Power by summons signed by himself to require the (c) Power by such summons to require the production (d) Power to administer the oath. (5) Any person attending before an Inspector in obedience to any such summons shall be allowed such fees as are allowed to a witness attending on a subpoena before the Supreme Court. Investigations 3 |