to safely keep all applications, statements, reports, recommendations and other documents relating to proceedings before the board and, when so required, transmit all or any of such to the minister;

(e) To supply to any parties, on request, information as to this act or any regulations or proceedings thereunder, and also to furnish parties to a dispute and members of the board with necessary blank forms, forms of summons, or other papers or documents required in connection with the effective carrying out of the provisions of this act;

(f) Generally, to do all such things and take all such proceedings as may be required in the performance of his duties prescribed under this act or any regulations thereunder.

STRIKES AND LOCKOUTS PRIOR TO AND PENDING A REFERENCE TO A
BOARD ILLEGAL.

SEC. 56. It shall be unlawful for any employer to declare or cause a lockout, or for any employee to go on strike, on account of any dispute prior to or during a reference of such dispute to a board of conciliation and investigation under the provisions of this act or prior to or during a reference under the provisions concerning railway disputes in the conciliation and labor act: Provided, That nothing in this act shall prohibit the suspension or discontinuance of any industry or of the working of any person therein for any cause not constituting a lockout or strike: Provided also, That, except where the parties have entered into an agreement under section 62 of this act, nothing in this act shall be held to restrain any employer from declaring a lockout, or any employee from going on strike in respect of any dispute which has been duly referred to a board and which has been dealt with under section 24 or 25 of this act, or in respect of any dispute which has been the subject of a reference under the provisions concerning railway disputes in the conciliation and labor act.

SEC. 57. Employers and employees shall give at least thirty days' notice of an intended change affecting conditions of employment with respect to wages or hours, and in the event of such intended change resulting in a dispute, until the dispute has been finally dealt with by a board, neither of the parties affected shall alter the conditions of employment with respect to wages or hours, or on account of the dispute do or be concerned in doing, directly or indirectly, anything in the nature of a lockout or strike, or a suspension or discontinuance of employment or work, but the relationship of employer and employee shall continue uninterrupted by the dispute or anything arising out of the dispute; but if in the opinion of the board either party uses this or any other provision of this act for the purpose of unjustly maintaining a given condition of affairs through delay, and the board so reports to the minister, such party shall be guilty of an offence and liable to the same penalties as are imposed for a vio·lation of the next preceding section.

SEC. 58. Any employer declaring or causing a lockout contrary Penalty for causing lockto the provisions of this act shall be liable to a fine of not less than out. $100 nor more than $1,000 for each day or part of a day that such lockout exists.

SEC. 59. Any employee who goes on strike contrary to the pro- Penalty for visions of this act shall be liable to a fine of not less than $10 nor going on strike. more than $50 for each day or part of a day that such employee is on strike.

lockout or strike.

SEC. 60. Any person who incites, encourages, or aids in any Penalty for manner any employer to declare or continue a lockout, or any inciting to employee to go or continue on strike contrary to the provisions of this act, shall be guilty of an offense and liable to a fine of not less than $50 nor more than one thousand dollars.

SEC. 61. The procedure for enforcing penalties imposed or authorized to be imposed by this act shall be that prescribed by penalties. Part XV of the Criminal Code relating to summary convictions.

Enforcing

Recomm en

dations bind

SPECIAL PROVISIONS.

SEC. 62. Either party to a dispute which may be referred under ing, when. this act to a board may agree in writing, at any time before or after the board has made its report and recommendation, to be bound by the recommendation of the board in the same manner as parties are bound upon an award made pursuant to a reference to arbitration on the order of a court of record; every agreement so to be bound made by one party shall be forwarded to the registrar, who shall communicate it to the other party, and if the other party agrees in like manner to be bound by the recommendation of the board, then the recommendation shall be made a rule of the said court on the application of either party and shall be enforceable in like manner.

of act to any dispute.

Application SEC. 63. In the event of a dispute arising in any industry or trade other than such as may be included under the provisions of this act, and such dispute threatens to result in a lockout or strike, or has actually resulted in a lockout or strike, either of the parties may agree in writing to allow such dispute to be referred to a board of conciliation and investigation, to be constituted under the provisions of this act.

Reports evidence.

not

Technical

ities.

Payment for services.

Reports of prosecutions.

Regulations.

Expenses.

2. Every agreement to allow such reference shall be forwarded to the registrar. who shall communicate it to the other party, and if such other party agrees in like manner to allow the dispute to be referred to a board, the dispute may be so referred as if the industry or trade and the parties were included within the provisions of this act.

3. From the time that the parties have been notified in writing by the registrar that in consequence of their mutual agreement to refer the dispute to a board under the provisions of this act, the minister has decided to refer such dispute, the lockout or strike, if in existence, shall forthwith cease, and the provisions of this act shall bind the parties.

MISCELLANEOUS.

SEC. 64. No court of the Dominion of Canada, or of any Province or Territory thereof, shall have power or jurisdiction to recognize or enforce, or to receive in evidence, any report of a board or any testimony or proceedings before a board as against any person or for any purpose, except in the case of a prosecution of such person for perjury.

SEC. 65. No proceeding under this act shall be deemed invalid by reason of any defect of form or any technical irregularity.

SEC. 66. The minister shall determine the allowance or amounts 'to be paid to all persons other than the members of a board, employed by the Government or any board, including the registrar, secretaries, clerks, experts, stenographers, or other persons performing any services under the provisions of this act.

SEC. 67. In case of prosecution under this act, whether a conviction is or is not obtained, it shall be the duty of the clerk. of the court before which any such prosecution takes place to briefly report the particulars of such prosecution to the registrar within thirty days after it has been determined, and such clerk shall be entitled to a prescribed fee in payment of his services.

SEC. 68. The governor in council may make regulations as to the time within which anything hereby authorized shall be done, and also as to any other matter or thing which appears to him necessary or advisable to the effectual working of the several provisions of this act. All such regulations shall go into force on the day of the publication thereof in the Canada Gazette, and they shall be laid before Parliament within fifteen days after such publication, or, if Parliament is not then in session, within fifteen days after the opening of the next session thereof.

SEC. 69. All charges and expenses incurred by the Government in connection with the administration of this act shall be de

frayed out of such appropriations as are made by Parliament for

that purpose.

SEC. 70. An annual report with respect to the matters trans- Annual reports. acted by him under this act shall be made by the minister to the Governor General, and shall be laid before Parliament within the first fifteen days of each session thereof.

V. TEXT OF A LAW PROPOSED TO AMEND THE INDUSTRIAL DISPUTES INVESTIGATION ACT OF 1907.

DRAFT OF BILL NOW UNDER CONSIDERATION BY THE MINISTER OF LABOR, CONSOLIDATING AND AMENDING THE INDUSTRIAL DISPUTES INVESTIGATION ACT, 1907, AND THE CONCILIATION AND LABOR ACT.

After each section in the following tentative bill notes are inserted explaining the origin of the section, or, where the section is new, explaining the purpose and reason of it. In the notes also a large number of other suggestions are mentioned, some of which may be worthy of consideration.

A table of corresponding sections is appended to the bill so that provisions of the existing acts can be traced into the new bill or it can be seen what disposition has been made of them.

AN ACT To aid in the prevention and settlement of industrial disputes and strikes and

lockouts.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE.

1. This act may be cited as the Industrial Disputes Act.

NOTE. This act is intended to take the place of both the industrial disputes investigation act, 1907, and the conciliation and labor act, 1906. It is given a new title.

INTERPRETATION.

2. In this act, unless the context otherwise requires

(a) "Minister" means the minister of labor.

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(b) Department" means the department of labor.

(c) Industry means any trade, manufacture, undertaking, enterprise, business, calling, occupation, or employment in which persons are employed for hire or reward, except agriculture, and except any Government service or employment other than Government railway, telegraph, and telephone service.

(d) "Public utility" means and includes mining, agency of transportation or communication, and public service utility of every kind; and, without limiting this general definition, includes railway, whether operated by steam, electricity, or other motive power, steamship, telegraph, and telephone, and gas, electric light, water, and power works.

(e) "Employer means any person, firm, company, or corporation employing persons for hire or reward in any industry; and in the case of railways, telegraphs, and telephones, includes any Government or commission or other body owning or operating the same.

(f) "Employee" means any person employed by an employer to do any skilled or unskilled manual or clerical work for hire or reward in any industry, but shall not include a person employed as a private confidential clerk; a lockout or strike shall not, nor, where application for a board is made within 30 days after the dismissal, shall any dismissal, cause any employee to cease to be an employee, or an employer to cease to be an employer, within the meaning and for the purposes of this act.

(g) "Dispute" or "industrial dispute means any dispute or difference between an employer and one or more of his employees as to terms of employment or as to any matter or thing affecting or relating to terms of employment. (h) "Terms of employment," without limiting its ordinary meaning, includes any matter or thing relating to

(1) The work done or to be done by any employee or employees.

(2) The wages, price, or other remuneration or reward paid or to be paid in respect of employment, or any allowance, bonus, deduction, discount, or other thing affecting such wages, price, remuneration, or reward.

(3) The hours of employment, sex, age, qualification, or status of employees, or the mode, incidents, or surroundings of employment.

(4) The employment of children or of any person or persons or class of persons.

(5) The employment or dismissal of any person or class of persons, refusal to employ or to continue to employ any person or class of persons, or discrimination in favor of or against, or preference to, any person or class of persons.

(6) Materials supplied and alleged to be bad, unfit, or unsuitable, or damage alleged to have been done to work or to materials or property.

(7) Any custom or usage, or alleged custom or usage, either general or in the particular district affected.

(8) The interpretation of an agreement or any part thereof.

(9) Generally the privileges, rights, or duties of employers or employees, or the conditions of employment.

(i) "Lockout," without limiting its ordinary meaning, includes a closing in whole or in part of a place of employment, or a suspension of work in whole or in part for any period, by an employer, or a temporary or permanent refusal by an employer to continue to employ any number of his employees—

(1) With a view to compelling or inducing his employees, or any of them, or to aiding another employer to compel or induce the employees of such other employer or any of them, to accept terms of employment or comply with any demands made upon them or any of them; or

(2) As a protest against anything done or not done by any employees; or (3) With intent to cause loss or inconvenience to any employees or to the public; or

(4) With intent to procure, incite, instigate, aid, or abet any other lockout. (j) "Unlawful lockout" means a lockout contrary to the provisions of this act.

(k) "Strike or "to go on strike," without limiting its ordinary meaning, includes a temporary or permanent cessation of work by any number of employees acting in combination or under a common understanding, or a concerted refusal or failure, or a refusal or failure under a common understanding, of any number of employees to continue to work, or to resume or return to work, for an employer

(1) With a view to compelling or inducing their employer, or to aiding any other employees to compel or induce the employer of such other employees, to accept terms of employment or comply with any demands made upon him; or (2) As a protest against anything done or not done by any employer; or (3) With intent to cause loss or inconvenience to any employer or to the public; or

66

(4) With intent to procure, incite, instigate, aid, or abet any other strike. (1) Unlawful strike means a strike contrary to the provisions of this act. (m) Board means a board of conciliation and investigation established under the provisions of this act.

66

(n) "Application means an application for the appointment of a board under the provisions of this act.

66

(0) Registrar means the registrar of boards of conciliation and investigation under this act.

(p) "Prescribed means prescribed by this act or by any rules or regulations made thereunder.

(9) "Trade-union" or "union" means any organization of employees, whether incorporated or unincorporated, or registered or unregistered, formed for the purpose of regulating relations between employers and employees.

""

(r) "Lawful trade-union means any trade-union not declared unlawful by this act and the purposes of which are not unlawful under the law of Canada. (8) "Unlawful trade-union means a trade-union declared or stated by this act to be unlawful or the purposes of which are unlawful under the law of Canada.

(t) "Industrial agreement means an agreement respecting terms of employment entered into or arising as specified in this act; (u) "Form" means form in the schedule of this act.

NOTES.-Paragraphs (a) and (b) are as in the act of 1907; (c) Is new;

(d) Is new, but covers similar ground to (c) of 1907 act;

(e) Corresponds to (c) of 1907 act, but is amended in view of what is contained in (c); the limitation requiring not less than 10 employees, contained in sections 2 (c) and 21 of 1907 act is omitted as it is believed it does not serve any useful purpose.

(f) Corresponds to (d) of 1907 act, but is amended by excepting private confidential clerks and by providing that dismissal or lockout or strike shall not prevent a person from being an employee for the purposes of the act. This latter amendment covers what was asked for as to this matter by the deputation of the Trades and Labor_Congress to the Government, January 6, 1914, and removes doubt. See Montreal Street Railway case (44 Quebec Reports (Superior Court) p. 350), in which it was held (among other things) that dismissed employees could not legally make an application for a board.

(g) Corresponds to (e) of 1907 act, but is amended in view of the definition of "terms of employment " added by (h). The restriction "not involving any such violation thereof as constitutes an indictable offense has been removed. In some instances boards have had to be refused by reason of it, and it is felt that there is no sufficient reason for the restriction.

(h) Is new, but when read with (g) corresponds to (e) of 1907 act. Some parts of it, however, have been revised and added to. Though the expression "terms of employment was used in the 1907 act, [(e. g., section 2, g)] it was not defined.

(i) Corresponds to (f) of 1907 act, but has been recast and modelled largely after the definition of the New Zealand bill of 1913.

(j) Is new.

(k) Corresponds to (g) of 1907 act, but has been recast and modeled largely after the definition in the New Zealand bill of 1913. There has been a good deal of misunderstanding and some doubt as to the meaning of the old definition. See, for instance, Rex v. Holowaskawe (24 O. W. R. 397). It has been suggested that in further conformity with the definition in the New Zealand bill above mentioned and following the principle contained in section 6 of the industrial conciliation and arbitration act of the Commonwealth of Australia (1904-1910) the following clause should be added to definition (k): "And the fact that ten or more employees have simultaneously, or at times nearly simultaneous, ceased to work, or refused or failed to continue to work, or to resume or return to work, for an employer, shall, unless the contrary is proved, be conclusive evidence that such employees in such cessation, refusal, or failure were acting in combination and concert and under a common understanding."

(1) Is new.

(m), (n), (0), and (p) are the same as (h), (i), (j), and (k) respectively, of 1907 act. (q) is (1) of 1907 act amended by inserting the words "whether incorporated or unincorporated, or registered or unregistered." See judgment in Montreal Street Railway case (44 Quebec Reports (Superior Court) p. 350), which seems to imply that incorporation or registration may be necessary in order to give status under the act. (r), (8), (t), and (u) are new.

ADMINISTRATION.

3. The minister of labor shall have the general administration of this act. NOTE.-Same as section 3 of 1907 act.

4. The governor in council shall appoint a registrar of boards of conciliation and investigation, who shall have the powers and perform the duties prescribed. 2. The office of registrar may be held either separately or in conjunction with any other office in the public service, and in the latter case the registrar may, if the governor in council thinks fit, be appointed not by name but by reference to such other office, whereupon the person who for the time being holds such office, or performs its duties, shall by virtue thereof be the registrar. -Same as sec. 4 of 1907 act.

NOTE.