Document 4ad2YGB93gbn98dp6ddLRpEyR

r* WORKMEN'S COMPENSATION IN CANADA A COMPARISON OF PROVINCIAL LAWS Introduction..................................... .................... ............................. Individual Liability.................................................... ........................ Prince Edward Island............................ ................................................ Dominion Government Employees........................................................ Blind Workmen in Ontario and Quebec......................................... Workmen's Compensation Boards.................. .................................. Cost of Administration.......................... .............. .. Scope of Laws.......................................................................................... Farm Labourers and Domestic Servants............. Clerical and Casual Workers and Outworkers....... Risks Covored............................. ............................................................. Occupational Diseases........................................................ Waiting Period.......................................... ................................................. Medical Aid .................................................................................... .. Rehabilitation....................... ..................................... ................................ Accidents Occurring Outside the Province............ Non-r'os ident Workmon and Dependants........ .................. .. Security for Payment of Compensation...................................... Accident Prevention......................................................... .. International Labour Conventions and Recommendations Occupational Diseases Compensated by Provinces...... Scale of Compensation....................................................... .. Page 1 2 4 4 5 5 6 7 e 9 10 10 11 11 14 14 16 17 18 20 23 27 DEPARTMENT OF LABOUR, CA'NADA LEGISLATION BRANCH July, 1944. 0921 WORKMEN'S COMPENSATION IN CANADA A Comparison of Provincial Laws in July, 1944 Introduction In all the Canadian provinces except Prince Edward Island,' there is a statute providing that in any industry to which the Act or the main part of it applies, compensation shall be paid for per sonal injury to a workman by accident arising out of and in the course of employment or by an occupational disease specified in the Act or regulations except whero the workman is disabled for less than a stated number of days or whero the Injury is attributable to his serious and wilful misconduct and doos not rosult in death or sorious disablement. To ensure that this obligation shall bo met, the Act pro vides for an Accident Fund administerod by a provincial board to which employers are required to contribute. At any time a special assessment may be levied on employers to take care of compensation payments and in some provinces the money may be advanced from the provincial Treasury and repaid later from assessments. In all cases the province is responsible for the solvency of the Fund. The right to compensation is not affected by the employ er's neglect or refusal to furnish information or to pay his assess ment or by his insolvency. A workman in an industry to which these provisions apply has no right of action against his employer for injury received in the course of employment. This State system of workmen's compensation is one of collective liability on the part of employers. Industries are clas sified according to their hazard and each class is liable for the cost of accidents occurring in their class although for the purpose of compensation the Accident Fund is one. In all the provinces, this compulsory State system of collective liability replaced that of individual liability as pro vided for in earlier statutes, but an individual liability Act is still in force to some extent in Alberta and Saskatchewan, The collective liability system was adopted in Ontario in 1914 following a comprehensive report on employers' liability for accidents by a special commissioner appointed to inquire into the subject. Nova Scotia followed Ontario's example with variations in some points in 1915, British Columbia in 1916, Alberta and New Brunswick in 1918, Manitoba in 1920, Saskatchewan in 1929 and Quebec in 1931, Amend ments have been made in all those statutos from timo to tim^^^i^ 2 New Brunswick, a new Act was passed in 1932 and Alberta and Nova Scotia revised their_Acts in 1943 and 1938 respectively. The situation iff Prince'Edward Island is described below. The statutes in Saskatchewan, Quebec and New Brunswick have followed closely the Ontario Act in many respects and in the other provinces, too, there has been an Increasing tendency towards uniformity in rocent years. Only the main points of the provincial legislation are covered in this analysis. The scale according to which compensation is paid under these laws and the occupational diseases which are covered are set out in tables at the end, A summary of ,tho provi sions of the conventions and recommendations of the International Labour Conference on workmen's compensation enables a comparison to be made betwoen the standards adopted by the Conference and tho Canadian Statutes. Individual Liability An Alberta Act of 1908 and a Saskatchewan statute of 1911, under which the omployor was personally liablo and might insure his risk in a private insurance company, were superseded with respect to most industrial workors in those provinces by the statutes providing for a collective liability systom but the oarlier law remained in effect with respoct to cortain classos of workers, Tho Alberta statute of 1918 did not apply to any railway workers but in 1919 it was extendod to all but men engaged in train service, .An amendment of 1928 ropoaled this clause but permittod a voto to bo takon by mombors of the railway trade unions to dotormino the statute undor which thoy should receive compensation for accidents. Tho opposition of railroad employees to the Workmon's Compensation Act, 1918, was basod on tho belief that they had groator protoction undor the 1908 statuto owing to tho large proportion of fatal accidents in railway sorvico and tho fact that compensation as high as 100# of oarnings might in these cases bo awarded by tho court. As a result of the voto, trainmen and conductors romained under the earlier Statuto until 1941 and 1942 respectively when thoy wore brought undor tho colloctivo liability system at their own roquost. In" Saskatchewan, tho Workmen's Compensation (Accidont Fund) Act doos not apply in tho first instanco to men employed in train sorvico but members of any of tho tredo unions in which those workors aro organized may bo brought within tho later Act by tho LicurenantGovernor in Council if a majority of tho mombors indicate by ballot their dosire to that offoct. No vote on the quostion has boon taken in Saskatchewan', In this analysis tho expression "Workmen's Compensation Act" when usod with rospoct to oithor Alborta or Saskatchewan will rofor only to tho later statuto establishing a provincial Accident Fund and not to tho Garlior Act. 0923 Tn WfiTa Scotia, Part III of tho Act provides that com pensation f6T~aecidonts to por3ons omployod in fishing or drodging shall bo paid by tho employer, who is roquirod to insure to tho oxtent of his liability ?/ith an insuranco company. Compensation in those industries doos not includo nodical aidorburial oxponsos but in other rospects is on the same scalo as in other industries. Payment, however, is unforced by an action in tho courts and tho Worknon's Compensation Board is not concornod with it, Tho employer is not liablo whoru tho workman or dependents aro ontitlod to compensation under the War Measures Act or Regulations, In Ontario and Quebec, public authorities and certain corporations such as railway, shipping, telephone and telegraph companies, aro, themselves, liablo to pay compensation but tho amount and all other questions aro deterninod by the fforkmenfsCom pensation Board as in tho case of accidents for which compensation is paid from tho Accident Fund, Such corporations contributo their proportion of tho cost of administering the Act as do also the Dominion and Provincial Govornnonts. The individual liability of these public bodios and corporations is to bo sharply distinguished from that of tho railway oompanios under the earlier statutos in Alberta and Saskatchewan and from that provided for in Part II of the Act of certain provinces. In British Columbia, Manitoba, Now Brunswieh and Ontario, the Workmen's Compensation Act is divided into two Parts, In Nova Scotia, as indicated abovo, there are throe Parts, Part II of those five statutos applies to industries to which Part I, providing for a provincial system of collective liability, does not apply. It is stipulated in Part II that a worker in an industry which is not within the scope of Part I of tho Act, that is, not within the sys tem of collective liability or of porsonal liability in the case of certain large employers in Ontario as administorod by the Workmen's Compensation Board, has right of action against his omployor for injury roooived in an accident causod by any dofoct in the machinory or plant of tho omployer or causod by his nogligonco or that of any persons omployod by him. The fact that tho workor continued in tho employment with knowledgo of any dofoct or nogligonco is not a bar to the recovery of danagos. Nogligonco on tho workman's part nay bo a factor in determining tho amount of danagos. Thus tho workors in industrios outside the worknon's compensation scheme, under which all aocidonts occurring to workmen within tho scope of the schono and arising in tho course of employment aro componsatod without reoourse to tho law courts, arc protoctod in sono noasuro by tho adoption of these principles which distinguish employer's liability from workmen's compensation and from tho common law, In tho Yukon Territory, an Ordinance of 1917 applies to undertakings employing five or more workmen and to injuries causing death, or disability for 3: days or longer. An amondmont of 1939 provides for compensation also for silicosis, infoctod blisters and t poisoning from lead, arsenic and mercury. Disputed claims are settled by tlie- Territorial Court, Compensation is $2500 in case of death, $300CTfor pe'rmahent total disablement and fixed sums for other injuries. In the Northwest Territories the Workmen's Compensation Ordinance, as revised in 1940, abrogates the defence of common employment in actions against an employer for injury or death of an employee. The Commissioner of the Northwest Territories may order employers to arrange satisfactory protection for their workmen with the Workmen's Compensation Board of a Province or Territory or, if this is impossible, to obtain acoident insurance in an approved company. Prince Edward Island In Prince Edward Island there is no Workmen's Compensation Act applying to all industrial workers. In 1926, the Provincial Legislature enacted a Railway Employees* Compensation Act but as railway workers in Prince Edward Island are employed on Dominion Government railways, the operation of the statute was declared to depend on the consent of the Parliament of Canada, In 1927, the Dominion Parliament amended the Governmont Employees' Compensation Act to make Dominion Government employees in Pririoe Edward Island eligible for compensation at the same rate and in the same manner as similar workers employed in New Brunswick, The Prince Edward Island statute has, therefore, remained inoperative. Dominion Government Employees The Government Employees' Compensation Act, passed in 1918 by the Parliament of Canada, provides that Dominion Government employees or their dependants shall be paid the same compensation as persons employed by private employers would receive under the Workmen'* Compensation Act of the province in which the accident occurs. The amount of compensation is determined by the provincial Board and paid by the Dominion Government. Under this statute, as amended, all Dominion Government employees are eligible for com pensation for accidents arising out of their employment, whether or not persons in that class of employment would be eligible under the provincial Act concerned. Employees of companies producing or dealing in war goods or constructing defence projects as agents of His Majesty and not already under the Act have been brought in by Order in Council, The Act has also been extended to cover employees of the companies mentioned above who must procoed to the United States, Government employees performing work in Newfoundland, the Yukon or the Northwest Territories, trainoes under the War Emergency Training Program, persons performing alternative servico under the National Selective Service Civilian Regulations, enomy aliens in work camps, employees - 0925 5- of the United Kingdom Technical Mission and of the Inspection Board of the United Kingdom and Canada, and members of voluntary organizations-who_ ujudar.take certain work in hospitals. Blind Workmen in Ontario and Quebec The Blind Workmen's Compensation Act, 1931 of Ontario and a 1943 amendment in the Workmen's Compensation Act of Quebec provide that where the cost of compensation for an .accident to a blind work man exceeds $50, the Workmen's Compensation Board, or the employer if he is individually liable, is to be reimbursed from the Consoli dated Revenue Fund of the Province for the full amount of such com-pensation in Ontario and for the amount in excess of $50 in Quebec, provided that at the time of the accident the workman was employed with the approval of an institute for the" blind recognized by the Government - of the Province for that purpose. Workmen's Compensation Boards In each province, the Workmen's Compensation Act provides for Its administration by a commission of three members to be called the Workmen's Compensation Board or Commission, appointed by the Lieutenant-Governor in Council. In Manitoba and Saskatchewan only the chairman is req.uire-d to devote his whole time to the work. In Alberta and British Columbia the term of the members and in Saskatchewan the term of the chairman is ten years but except in Alberta they may be reappointed. In the other provinces the members hold office during good behaviour or, in Ontario and Quebec, during pleasure. In Manitoba, the chairman, and in Nova Scotia and Ontario all members of the Board must retire on reaching the age of seventy-five years unless otherwise directed by the LieutenantGovernor in Council. In British Columbia, a member of the Board may be retired at 70 years of ago. No reference is made in the New' Brunswick statute to the tenure of office of members of the Board The Workmen's Compensation Act of each of the provinces except New Brunswick classifies the industries within its scope according to accident hazard but in each case the Board may add to these classes, or subdivide or re-arrange them and may also add to' or withdraw industries from such classes. The New Brunswick statuto provided that the classificution should be made in the first place by the Board. All Boards have authority to fix rates of assessment suitable to each class with preferential or merit rating in favour of industries having good accident records. They are empowered to collect assessments, determine the right to compensation and pay the amount due to injured workmen or dependants. The provincial Accident Fund must be so maintained as to be sufficient to meet all claims as they arise. In all those matters, the Boards of Alberta, British Columbia, Manitoba, Ontario, Quebec and Saskatchewan have exclusive and final jurisdiction but the laws of Nova Scotia and New Brunswick 092 S ! -6- ' allow appeals to the Supreme Court of the province, with permission, of a judge-of thstt-Court, upon questions of law or jurisdiction. In case of dispute as to the payment of any assessment or other sum or of failure to pay such sums, the Board in each province may file an order for payment of the money with the cleric of the court specified in the Act, whereupon it becomes an order of the court and may be enforced like any other judgment. Cost of Administration In British Columbia, the Act stipulates that the salary of the chairman may not be less than $6,000 or more than $7,500 per annum and the salaries of the other members not less than $5,000 or more than $6,000, In the other provinces, the remunera tion of members of the Board is determined by the LieutenantGovernor in Council. In addition to the salary thus provided for, the Manitoba Act enables the Lieutenant-Governor in Council to authorize the payment to a director giving part-time service of an allowance of $15 for each meeting of the Board in excess of fifty which he attends in any year. In all the provinces the salaries of members of the Board and costs of administration are now borne by the Accident Fund. In British Columbia, Manitoba, Nova Scotia, Ontario and Quebec, an annual grant may be made from the Consolidated Revenue Fund of the province to the Accident Fund to assist in defraying expenses. In New Brunswick, the Act stipulates that the salaries of Board members and other costs of administration are to be paid from the Consolidated Rovenue Fund of tho Province unless the Lioutenant-Govornor in Council orders payment of any portion from tho Accident Fund, The Saskatchewan Act authorized a grant not oxceeding $25,000 from the Consolidated Rovonuo Fund to assist in organizing the work of the Board and meeting its initial oxponses. In most provinces a grant was made only in the first year for organization and in those provinces which providod at first for the payment of the salaries of the Board numbers from the pro vincial Treasury the Acts were amended to roquiro then to be paid from the Accident Fund. In no provinco is any financial ae3istanco now given by the government to tho cost of administration of tho Act, but where the Board is chargod with cthjr duties us in some provinces tho exponsos in connection with thorn are paid by tho province. In proportion to the accidonts to their own employees, howevor, tho Governments of the Dominion arc the provinco con tribute, like other employers who are individually liable, to the cost of administration. 0927 Scope of Laws Tho provincial Workmon Compensation Acts vary in scope but, in general, they all cover employment, whether by way of manual labour or otherwise, in connection with or incidental to industrial undertakings, including lumbering, mining, quarrying, fishing, manufacturing, printing, engineering and construction, plumbing, painting, decorating and renovating, transport of passengers or freight by rail or water and transport of goods by road; operation of electric power lines, telegraph and telephone systems, water-works and other public utilities, navigation and operation of boats, tugs and dredges, of power laundries, bakeries, dairies, grain elevators, refrigeration plants or warehouses, freight or passenger elevators and of lumber, wood and coal yards; scavenging and window-cloaning, dyolng and cloaning. Retail and wholosalo stores, hotols, restaurants and hospitals ere within tho scope of the New Brunswick Act and radio broadcasting stations have boon added. In Alborta, hotels, shops and restaurants are under tho statute, and in Ontario hotels and hospitals were addod in 1944# Theatres and pieces whore moving-' pictures aj?o exhibited, automobile repair shops and places for the sale of gasoline, oil, etc,, are covered in all the provinces. Transport by air is oxprosaly included in Alberta, New Brunswick, Ontario and Saskatchewan, In Manitoba it is included when carried on by certain subsidiaries of tho Canadian Pacific Railway Company, A few other variations appear in the scope of tho Acts with ro3pect to miscellaneous industrios or occupations and whore tho Board has power to oxcludo small establishments, some of tho places, nontionod have been oxcludod oxcopt whoro more than a specified number is omployed, o,g,, repair shops- in Ontario employing loss than four workmon and aerial transport in.Now Brunswick whoro only ono or two are omployed, Whonovor a municipal corporation or school board carries on a business which would bo ?;ithin tho Act if conducted by a privato employer, all tho Acts, oxcopt that of Ontario, provide for its inclusion, Ontario protects all persons omployed by municipal corporations or school boards oxcopt thoso omployed by rural school boards. Municipal police and firo departments are protected in Alborta, British Columbia, Manitoba, Ontario and Saskatchewan, and they may bo brought within Part I cf tho Now Brunswick or Nova Scotia statutes. Persons employed by the provincial G-ovornmont in industries covered by tho Act are declared within'the scope of tho Acts in British Columbia, Manitoba and Quebec, In New Brunswick and Nova Scotia it is provided that such omployocs may bo brought within tho Act and this has boon dono. In Alberta, Ontario and Saskatchewan, all provincial Government onployeos are protected. 8 In every province, certain classes of workors are declared-to be__within the scope of the collective liability system or of personal liability as provided for in Ontario and Quebec. Power is given to the Boards, however, to include industries or workmen not within its scope in the first instance on certain conditions. In all .provinces, an industry may be brought under the Act by the Board on application of the employer. Workmen, otherwise excluded, may be declared by the Board to be within the statute in British Columbia, Manitoba, Now Brunswick, Nova Scotia and Saskatchewan if the employer applies for such action. In 3ritish Columbia, industries may be admitted by the Board on application of the workmen. In Alberta, any establish ment or industry may be so admitted under certain conditions as to particular classes of workers as indicated below. Of Its own motion, the Board may bring industries within the Act in Alberta, Manitoba, Nova Scotia, Ontario and Quebec. In New Brunswick and Saskatchewan, this may be done by the Lieutenant-Governor in Council on recommendation of the Board, On the other hand, the Board in every province but Alberta and British Columbia has power to exclude any industry from the Act or, in the case of Manitoba, New Brunswick, Nova Scotia and Ontario, from Part I. In Ontario, Quebec and Saskatchewan, such exclusion must be approved by the LieutenantGovernor in Council, although in Ontario, the Board may exclude any particular trade or occupation from an industry in Part I. Undertakings in which not more than a stated number of workmen are usually employed may be excluded by order of the Board in all the provinces but Albert a and. British Columbia, In New Brunswick and Nova Scotia, such undertakings may be readmitted by the Board while in Manitoba and in Ontario, if an employer or workman in an undertaking so excluded notifies the Board that he wishos to be included, the undertaking must bo admitted. In Quebec, only by notification by tho employer is tho Board required to include the undertaking in tho collective liability scheme. In Saskatchewan, application by employer or workman in those cases must bo approved by tho Board, Regulations made undor this authority relate to difforent industries but tho Manitoba Board has aot exorcised its power to exclude small industries whilo on the othor hand in Nova Scotia all industries employing loss than fivo workmen have boon placod outside tho Act. Farm Labourers and Domestic Servants Certain classes of workers, although they are oxpressly excluded by some of tho Acts may, on curtain conditions, be admitted. Among those arc farm labourers, domestic servants, clerical and casual workers and outworkers. In Manitoba, Now Brunswick, Nova Scotia and Saskatchewan, tho Act is oxpressly declared not to &Dply to farm labourers or 0929 -9- to domestic servants, while in Ontario and Quebec, the Act excludes the "indns-fery of farming" and domestic service. In Manitoba, New Brunswick and Nova Scotia, either of these classes of workers,and in Ontario, the farming industry, may be admitted to Part I on application of the employer. In New Brunswick, too, they nay be brought within Part I by the Lieutenant-Governor in Council on recommendation by the Board, In none of these provinces have any workers in these classes been brought within the Act. In Alberta, the Act applies only to the industries specified in it and domestic service is not mentioned in the Act. As regards farm labourers, the statute provides that farming or ranching may be brought under the Act by the Board on application of the employer or of a majority of the employees with the consent of the employer concerned. Some advantage has been taken of this privilege whore about half a dozen persons carrying on farm opera tions, together with some other undertaking, have had their employees brought within the Act. In British Columbia, tho Act is expressly doclarod not to apply to domestic servants and farming is not among the industries specifiod in tho statute but under tho goneral power given to the Board to doclaro industries or undertakings within tho scopo of tho Act on tho application of either the employer or tho workmen, farm labourers might bo brought within the Act; Honco in all the provinces, except Alberta to a very limited extent, farm labourers and domestic servants, or their de pendants in case of fatal accidents, have recourse only to an action at common law for damages fox accidents arising out of employment. Clerical and Casual Workers and Outworkers Clerical workers employed in Manitoba industries which aro within Part I of the Act aro excluded from Part I unless they are oxposed to tho hazards of tho industry. In the other pro vinces, clerical workers in industries covorod by the Act are eligible for compensation. Casual workers, who aro employed otherwise than for tho purpose of the employer^ business, and outworkers or persons to whom work is givon to be done at homo, are outside the scope of Part I of the Acts in all provincos and in Albdrta and Saskatchewan outside tho Act, In Alborta, British Columbia, New Brunswick, Nova Scotia' and Saskatchewan, theso two classes may bo brought within tho scope of the collective liability system undor the conditions outlined above. 0930 10 Risks Covered Wbera in-any- employment within the scope of the provincial workmen's compensation system "personal injury by accident arising out of and in tho course of the employment is caused to a workman!', compensation is to be paid, including cash payments, modical and surgical aid and hospital and skilled nursing services. But no compensation is payable whore tho injury is attributable solely to tho serious and wilful mis conduct of tho workman unloss the injury results in death or serious disablement. This wording of the Ontario Act is reproduced in the statute of Q,uoboa and, with somo slight variation, in Alberta. In British Columbia, Manitoba, Nova Scotia and Saskatchewan the law is similar but the exception in favour of a workman whoso misconduct caused tho injury is limited to casos whoro tho resulting disablement is per manent. Tho New Brunswick Act varies from that of Ontario in stipu lating that no componsation shall be paid if tho injury was, in the opinion of the Board, intentionally caused by tho workman or was wholly or principally duo to his intoxication or serious or wilful misconduct or to a fortuitous evont unconnected with tho industry in which tho workman was omployod. In all tho provinces but Now Brunswick tho word "accident" is defined to include "a wilful and an intentional act, not being the act of tho workman, and a fortuitous evont occasioned by a physical or natural cause". In Nova Scotia compensation is payable for injury by lightning and for frostbite rosulting from the work man's employment. A special clause in tho Alberta Act providos that whore a workman is found doad in a plcco whoro his employment might causo him to bo, it shall bo presumod that his doath was tho result of an accident arising out of his omployment unless the evidence is sufficient to rebut tho presumption. A similar provision in the Nova Scotia Act applies only to a workman found doad in the underground workings of a coal mine. Occupational Diseases In addition to accidents, certain occupational diseases give a v/orknan right to componsation in all tho provinces, "if tho disoase is duo to tho nature of any omployment in which he was en gaged at any timo within tv7olvo months previous to the date of his disublomont whothor under one or more omploymonts", In all provinces but Alberta, howover, it is stipulatod that compensation shall not bo paid if at tho timo of entering into tho employment, tho workman had v/ilfully and falsely roprosontod himsolf as not having previously 0931 11 sufforod from the disease, Except in New Brunswick end Note Scotia such repneSentntion must have been made in writing if the workman is to be ineligible for compensation. The diseases for which com pensation is payable are set out in a schedule to each Act, except in New Brunswick, but the Board in every province is given author ity to add to it and in all cases other'diseases have been added to the original list. In New Brunswick, the Board was empowered to determine by regulation all the diseases to be compensated. Appended to this statement is a table showing the occupational diseases which are compensated under the provincial Acts. In Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, Quebec and Saskatchewan, silicosis is compensated under certain conditions, if the workman has been employed in a specified industry whero he was exposed to silica dust. Waiting Period Under each Act, a fixed poriod must elapse betwoen the date of the accident and tho date when compensation begins but in all tho provinces medical aid is given from the date of tho accident. This "waiting poriod" varies from throo to seven days, and in.some provinces compensation is paid for the waiting period if disability continues beyond it. In Now Brunswick, no compensation is paid for the first six days in any case nor is it paid in Nova Scotia, Ontario or Quebec unless tho disability continuos for seven days or more in which case compensation is payable from tho dato of the disability. In Manitoba and Saskatchewan compensation is not paid for an accident which does not disable the workman for longor than three days nor is compensation payable for tho first throo days of a disability continuing for a longer poriod. in Alborta and British Columbia no compensation is payable for a disability for thxeo days or loss but if tho disability lasts for moro than fourteon days, compensation is payable for tho first throo days. Medical Aid In addition to cash benefits, froc nodical aid for inJurod workmen is provided out of tho Accidont Fund for as long as noodod under all tho provincial Acts oxcept that of British Columbia. Alberta coasod to require any contribution for the cost of nodical aid at tho ond of 1943. In British Columbia, one cont a day is deducted by the employer from tho wagos. of oach workman and forwardod by him to tho Board to be used for nodical aid. If this amount proves insufficient it nay bo incroa3od by tho Board, but cost must bo distributed oqually between employers 0332 1 - 12 - and workmen. In Ontario and Quoboc, employers who aro individually liable f or--eompensation must furnish satisfactory nodical aid or they may Ho ordered to pay for such aid as is procured by the work men or tho Board, In all provinces, medical aid includes medical, sur gical, nuhsing and hospital services, la Ontario it includes also treatment by persons registered under the Drugless Practitioners Act and in Alberta the term includes "treatment by all those who are licensed to practise the healing art In'the province". In Alberta, British Columbia and'New Brunswick, transport of an in jured workman to his home or to a hospital or physician is paid from the Accident Fund, In Alberta, Manitoba, Nova Scotia, Ontario, Quebec and Saskatchewan, the cost of such transport must be borne directly by the employer. In Nova Scotia, if an employer fails to provide a conveyance he is liable to pay to tho Board double the cost of transporting the workmen. The Boards of all provinces provide crutches, artificial limbs and other apparatus for injured workmen. In Nova Scotia and New ,Bi'uns'.vick, workmen are entitled to have such apparatus kept in repair as the Board dooms necessary, and in Alborta, British Columbia, Manitoba, Ontario, Quebec and Saskatchewan for as long a3 disability lasts. Alberta, British Columbia, Manitoba and Quoboc provido medicines and in other provinces the cost of those may bo includod in tho torn "nodical aid". In Alborta and Saskatchewan tho Board may roplnoo donturos brokon by an accidont arising out of omployment. In Nova Scotia and Ontario, express provision is made for dontal treatment and in Ontario, in permanent total disability cases, for any other treatment, 3orvioes or attendance nooossary as a result of tho injury. In Alborta and British Columbia, tho Board is authorized to mako a por dion subsistence allowanco not oxcoeding $2.50 from tho Accidont Fund to a workman undor treatment at a place othor than that in which ho resides. As regards the choice of a physician, tho statutes in New Brunswick, Nova Scotia, Ontario and Saskatchewan merely stipu late that a workman must, if required by his employer, submit to a medical examination by a physician chosen and paid by his employer but only in accordanco with the regulations of tho Board, Tho implication is that in the first instance ho may chooso his own doctor. In Quoboc tho present Act exprossly states that a workman may select his physician. In Alborta, British Columbia and Manitoba, tho Board is authorized to permit tho workman to bo treated by his own physician and this is tho usual practico provided one reasonably noar i3 choson, 0933 13 If so required by the Board, a workman in any province must submit -to-an examination by a medical referee chosen by the Board or to 'such other examination as the Board requires. In Alberta, in cases of dispute, the Board, after consulting the workman's physician, must nominate two recognized specialists in the class of injury or ailment for which compensation is claimed and the workman may select one of them to conduct the examination. If he fails to make a choice the Board may make it. In all provinces the fees for medical aid are fixed by the Board. All the statutes provide that employers' schemes for medical aid to their workmen may be continued or put into effect if, after considering the wishes of both workmen and employer', the Board deems them to be at least as favourable to the workmen as the provisions of the Act. Such a scheme, approved by the Board and under its supervision, may replace the arrangement for nodical aid in the Act and in such case in Alberta, New Brunswick, Nova Scotia, Ontario, Quebec and Saskatchewan, the employer is entitled to re imbursement out of the Accident Fund or to a reduction in his assessment rate. In Manitoba, it is stated in tho Act that employers' schemes for medical aid may be approved subject to such conditions as the Board may impose. In all these provinces except Alberta contributions by the workmen to a private scheme for medical aid in cases under the Workmen's Compensation Act are expressly forbidden by the Act. In Nova Scotia, however, schemes in the coal industry under which the miners pay the cost through a long established arrangement with the local doctors have been permitted to continue in consideration of tho employers' con tributions to miners' relief societies which constitute virtually an insurance plan providing benefits in sickness and for dependants in case of death. In some districts these arrangements for medical tTeatmont were altered so as not to apply to compensation cases. In accord with tho provision in the British Columbia statute for deductions from wages to pay the cost of nodical aid furnished by the board is the stipulation in this Act that, where the employer has made his own arrangements and they are approved by the board, no deductions need be made on account of the provincial scheme. In Manitoba, New Brunswick and Ontario no private schemes have been approved by the Board. In British Columbia, New Brunswick, Nova Scotia and Quebec, tho Workmen's Compensation Act stipulates that scamon on vessels on which duty is payable for the purposo of the Sick Jiarinors' Fund under Part V of the Canada Shipping Act shall not, during tho period for which such duty is payublo, rocoive medical aid undor tho Workmen's Compensation Act. In British Columbia, no deduction from wagos on account of medical aid undor tho Compensation 5334 14 Act may be made in respect of such seamen. Under the Canada Ship ping AtteCd ships--arriving at any port in British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario or Quebec are required to pay a duty for the Sick Mariners* Fund but ships engaged in the coastal trade and fishing vessels are exempt. In all provinces, employers in industries in which it is deemed proper may be required by the Board to maintain such firstaid appliances and service as the Board may direct. In British Columbia, when the employer fails to comply with this provision the Board may install first-aid appliances and charge the cost of them to the employer. Regulations have been issued in all the provinces setting out the minimum first-aid service required to be maintained according to the number of employees. Rehabilitation To aid in getting m9n back to work and in lessening any handicap, a Board may adopt any means considered expedient and pay the cost from the Accident Fund. Except in Alberta and Saskatchewan the maximum amount that may be spent for this purpose is fixed in the statute: $15,000 in New Brunswick; $20,000 in Nova Scotia; $75,000 in British Columbia; and $100,000 in Ontario and Quebec. In Manitoba the cost of vocational training for any workman may be paid from the reserve set aside for his compensation. Accidents Occurring; Outside the Province In each province, the Act makes some provision for com pensation to workmen who are hired by an employer in the province and who are injured in accidents occurring outside its boundaries. Tho determining factors are usually the employers place of business and the residence and usual place of employmont of the workman. Although tho Acts vary in wording, in general they ensure protoction to such workmen and guard against any overlapping. In Alberta, British Columbia, Nova Scotia, Ontario and Quebec, compensation is payable if the place or chief place of business of the employor and tho residence and usual place of omploymont of the workman are in the province and his employmont without the province has lasted loss than six months, or in the caso of Alberta, twelve months, but in Alberta and Quebec com pensation is only payable in such casos if the law of the place where tho accident happened grants no compensation. In Alborta, those provisions do not apply to employment on United States Government works in tho Yukon or Northwest Territories, In Manitoba, Nova Scotia and Ontario, a workman is eligible for compensation if an accident occurs while ho is temporarily outside the province for some purpose connected with his employment provided that his 15 - employer hag his placo of business within its boundaries and the workman's emp-loyme-nt--usually causes him to be within the province even if his residence is elsewhere. In Alberta, British Columbia, New Brunswick, Nova Scotia and Saskatchewan, when a workman, who is a resident of the province, is engaged in work which is performed partly within and partly without the province, the work is considered as done in the province and compensation is payable accordingly. In Manitoba, Ontario and Quebec, a similar provision relates only to transport by land or water while in British Columbia it applies also to transport by aeroplano, truck, bus or other vehicle. In Quehec, it applies to an accident on a vessel which is either registered in a Canadian port or whoso owner has his home or principal placo of buslnoss in the province. The Nova Scotia statuto stipulatos that as rogards accidents outside the province on a ship registorod in Nova Scotia or oporatod by an omployor rosiding or having his placo of businoss in tho province and whilo the ship is' limited to making voyagos botwoon Nova Scotia and Now Brunswick, Princo Edward Island or Newfoundland, tho employer must apply to havo tho industry admitted as boing within tho Act ana must pay tho required assessment. Failure to do so makes him personally liable for tho amount of compensation. In Nova Scotia, an industry carriod on outside tho province may bo doclarod by tho Board, on tho application of the omployor, to bo within tho ncopo of Part I of tho Act and compensa tion is payablo to a workman employed in such an industry. In British Columbia, Now Brunswick, Nova Scotia, Ontario, Quobec and Saskatchewan if an omployor fails to includo tho workmen whoso work .roquiros thorn to go outside tho province in tho roport of his payroll to tho Board end an accidont occurs to any workman outside the provinco for which ho is eligiblo for componsat ion, the omployor is individually liable to pay such compensation. The British Columbia Board, howovor, may exorcise its discretion on this point according to tho circumstances. In Nova Scotia und Ontario, when tho omployor's placo of businoss is not in tho province, provision is mado for compensation for accidonts occurring outside tho provinco under certain circums tances. If componsation Is payablo under tho law of tho place where tho accidont happonod, componsation in Nova Scotia or Ontario is not payablo, whothor tho workman is a rosidont of tho province or not unless his place of employment is in tho provinco and he was, at tho timo of the accidont, out of tho provinco merely for sono casual purpose incidental to his employment. In Alberta, British Columbia, Nova Scotia, Ontario, Quoboc and Saskatchewan, if an accident happening olsowhore than 16 within tha provinco entitles the workman to compensation under tho lav; of cnotfeer province or country in which tho accidont oceurrod as wall as'undor tho law of tho provinco, the Act roquiros him to choose undor which law ho will claim compensation end to give notico accordingly. The Manitoba Act providos that if a workman*s employment requires bin to go regularly outside the provinco for part of his working time, the Board may arrange with tho employer and tho Board of the other province tho amount of tho assessment to bo paid to each Board so that tho workman will bo proporly protected, Tho Alberta, British Columbia and Saskatchewan Boards arc also empoworod to make agroonents with the Boards of cthor provinces providing for tho payment of compensation for injuries to worknon who arc cmployod under such conditions that part of their work is performed in one provinco and part in another, Tho Saskatchewan statuto requires such agreements to be approved by the Lieutenant-Governor in Council and restricts them to the adjoining provinces of Alberta and Manito ba, The Saskatchewan Board entered into agreements with the Boards of Manitoba and Alberta in 1930 and 1932 respectively providing that compensation and medical aid shall be given by the province in wh4ch the accident occurs. The employers of such workmen are to be assessed on t'he ir account only by the Board of the Province in which the wages are earned. The Boards of Manitoba and Saskatchewan may arrange with the Boards of adjoining provinces respecting compensation forindustrial diseases of workmen employod in any industry extending across tho provincial boundary. Non-resident Workmen and Dependants The question of compensation to workmen or their dopendants who reside outside the province is dealt with in all the Acts, The chief distinction between the statutes is that in most of the provincos such compensation is grantod only on condition that similar benofits are provided for by the law of the country in which thoy reside, Tho higher cost of living in Canada compared with trans-Atlantic countries has also boon taken into consideration and it Is froquently stipulatod that tho amount of compensation may bo adjusted on this basis. Neither the Alberta nor tho 3ritish Columbia law makes any distinction between dependants who arc resident in Canuda and non-residents except that in both provinces it is stipulated that whoro compensation is payable to aliens residing outside of Canada, tho Board nay award a smaller sum if, in its opinion, dependants can he maintained on such smaller sum in a like degree of comfort as dependants of tho same class in Canada, sea? 17 In Quebec, dependants not residing in Canada may be awarded such--sum in lieu of compensation as the Workmen's Com pensation Commission deems proper, A similar provision to that of Quebec is found in the Ontario and Saskatchewan Acts, The latter statutes, however, while giving to the Board such discretionary power, stipulate, generally, that a dependant who does not live in Canada is not entitled to compensation, unless by the law of the place or country in which he resides, the dependant of a workman to whom an accident happens in that country, if resident in Canada, would be entitled to compensa tion. In Manitoba, New Brunswick and Nova Scotia, tho section dealing with non-resident dependants is like that in Ontario and Saskatchewan except that in the three first-named provinces, the provision relates to dependants who do not live in tho province as well as to non-rosidonts of Canada, and in New Brunswick and Nova Scotia, the clause is permissivo only. Tho Board is given power to order compensation to bo paid in such cases. In Now Brunswick, the statute requires an order in council to sot out that provision" is made by other provinces and countries for compensation in respect to workmen of those countries or provinces and benefits are payable to dependants resident in New Brunswick. Such an order in council was approved in February, 1919. In the three provinces, Manitoba, Ontario and Saskatchewan, compensation awardod to non-rosidont depondants may not be greater that tho' amount of compensation that would bo payable under tho law of tho other country if tho dependant concerned under that law resided in one of theso provincos and in Nova Scotia tho Board may reduce tho compensation in such a case to thut payable undor tho law of tho country concerned. In How 3runswick and Nova Scotia, compensation to non-rosidont dopondants may be adjusted to tho cost of living in the other country or provinco. Security for Payment of Compensation All tho provincial statutes provide that compensation shall bo paid for accidents within thoir 3copo and tho province is responsible for the solvoncy of the Accident Fund, Dofault on the part of the employer in making tho ro'quired roturns to tho Board or in paying his assossnont fioos not affect tho payment of compensation for an accident occurring during tho period of dofault. In such case, tho employer is liable, in addi tion to a penalty, to pay, in Alb orta not more then $300 end in Manitoba not moro than $500, or, in either of those provincos onohalf and in the other provinces tho full amount of the capitalized valuo of tho compensation as the Board determines. ffSSS 18 In every province where default is made in the payment of an assessment,- judgment may be entered on a certificate filed in court by the Board, In Alborta, British Columbia, Manitoba and New Brunswick the Board has right of action against the employer and in Alberta, Ontario and Saskatchewan if an assessment remains un paid for 30 days the amount may be collected for the Board by the municipality in the same manner as taxes. In Quebec, assessments have priority over any lien and in British Columbia and Alborta, over any lien except one for ivages. In the other provinces where an employer would be entitled to a lien, the owner of the property is liable for the assessment or to a penalty if he fails to sec that the employer pays it. All tho Acts provide that in the case of the death of the employer or of an assignment or winding up of a company tho amount of any assossnont or compensation for which the omployer was liable shall bo included among tho debts, such as legal costs, taxes or wages, which, undor the provincial statutos governing the distribu tion of ostates in 3uch cases, have priority ovor other claims against tho -property of tho employer. The Dominion Bankruptcy Act stipulates that, subject to tho provincial laws concerning (1) taxes or rates on tho property of tho debtor and (2) as to rent, and' aftor costs and foos of bankruptcy proceedings aro provided for, all wages earned .during tho procoding three months and any indebted ness under a provincial V/orkmen's Compensation Act shall have first claim on the property. Accident Provontion Tho Board in each province, except Manitoba, and any person appointod by the Board havo authority to inspoct the promises of any onployor within tho scope of tho Act to ascertain wh,other proper precautions are being taken to prevent accidents and whether tho safety appliancos or safeguards required by law arc boing used. In Manitoba tho provincial Buroau of Labour is responsible for accident prevention work, Jn Alborta, British Columbia and Saskatchewan, tho Board may detormino tho measuroa to bo adoptod or tho safety devicos to bo installod for tho provontion of accidents and disoasos, making general or special rules for that purpose, Boforo adopting such rules, tho British Columbia Board must arrange for thorn to be con sidered at a public hoaring of which ten days' notico must be givon. In British Columbia and Saskatchewan, tho 3oard may main tain museums for tho exhibition of safoty dovices, publish and distribute bulletins on accident prevention, arrange for lectures on the causes and prevention of industrial accidents and diseases and appoint advisory committocs on which employers and workmen aro roprusontod to assist tho Board in ostrblishing standards of 3afoty and to recommend rules for that purpose. Safoty rogule.tions have C9?9 19 boon made by tho Boards of both Alborta and British Columbia. In Alberta and- Brit-is-h--eolumbia, an accident prevention committee must be organized in every plant employing, in Alberta, 10 or more work men, or in British Columbia 25 or more. In New Brunswick and Nova Scotia, Ontario and Quebec, associations of employers, and in Saskatchewan associations of em ployers and workmen, in any of the classes into which they are divided for purposes of assessment may nake rules for accident pre vention. One accident prevention association covers the province in New Brunswick and Nova Scotia. In Ontario and Quebec, certain classes are organized separately, construction, pulp and paper, lumbering, mining and electrical work in Ontario and pulp and paper, lumbering and public utilities in Quebec, Employers in other classes in each province are associated in one body. If the Nova Scotia Board considers tho association to be sufficiently representative of tho employors affected and approves their rulos, thoy become binding upon all employors in the class or classos whethor members of tho association or not. In Now Brunswick, Ontario, Queboc and Saskatchewan under liko conditions, thoy become binding If thoy are approved also by tho Lioutenant-G-ovornor in Council. Where an association appoints safoty inspectors', tho Board in any of those provinces may pay the wholo or part of thoir salarios out of tho Accidont Fund. A spocial grant may also bo raado towards the oxponses of an association. Monies paid by tho Board, undor theso provisions, are to be charged to tho classos represented by tho association concornod. In Alburta and British Columbia, if the Board considers that an accidont is duo to tho inoxcusablo failuro of an omployor to comply with tho regulations or with tho diroctions of tho Board, it may levy a contribution not exceeding ono-half of tho amount of compensation payable. In British Columbia, tho amount is not to oxceod $300 in any case, Tho Alborta Board may incroaso tho assess ment of an employer if it considers that precautions against acci dents aro not sufficient or that sanitary conditions are not satis factory. In Alburta, British Columbia and Manitoba, whore an indus try is so circumstanced or conductod that the hazard is oithor groator or loss than tho averago of the class to which tho industry belongs, tho Board may fix a higher or lower rate according to the hazard. In New Brunswick and Nova Scotia, tho rate may bo increased vmoro tho hazard is groator than tho avorago of tho class owing to the mannor in which the industry is carried on. In Manitoba, New Brunswick, Ontario, Quebec and Saskatche wan, tho Board is expressly authorized to adopt a system of "merit rating". Moroaver, in tho last throe named provinces, if tho acci dent record i3 high in any industry and if propor procautions are ^ 0940 20 not takon or if the machinery, appliances, otc,, are defoctivo or inadequate, . tire Board may increase the employer's assessment so long as such conditions 'o~xTst, or the Board may oxclude the industry from tho class in which it has been placod and mcko the employer indivi dually liable for compensation. Draft Conventions and Recommendations of the International Labour Conferonce concerning Workmen's Compensation Throe Draft Conventions and four Recommendations dealing with workmen's compensation were adopted by tho 1925 Session of the International Labour Conference. Tho convention concerning occupa tional diseases was revised in 1954. The Convention relating to industrial accidents which has been ratified by 10 States requires that workmen*s compensation laws shall apply to all workmen, employees and apprentices employed in any public or private undertaking with the excoption, whore deemed desi rable, of casual workers employod othorwiso than for the purposes of the employer's businoss, out-workers, members of tho employer's family working exclusively for and residing with him, and non-manual workers whoso remuneration exceeds a limit determined by national legislation. The Convention does not apply to agriculture which is covered by a convontion of the 1921 Conference, or to soamon or fisharnon, or to persons covered by special schemes whoso torris are not loss favourable than those of the Convontion. As regards coverage, thou, tho Canudian Worknon's Compen sation Acts are not sufficiently broad but on otbur points only slight amendments would bo necessary in the provjncial Acts to bring them into lino with this Convontion. Excopt in Alberta and Now Brunswick, shops and restaurants aro not covered and other classes of commercial establishments aro outside all the Acts. Under tho Convontion, compensation must bo paid periodically oxcopt whoro tho authorities aro satisfied that a lump sum will be proporly used. Payments must bo made not lator than from tho fifth day after tho accident and additional compensation has to bo given whoro tho injur ed person roquiros tho constant help of another person. A workman is entitled to medical, surgical and pharmaceutical old, and to the supply and normal renowing of artificial limbs urd surgical applian ces or to a money payment in placo of thorn. Provision must bo made to ensure the payment of compensation in the event of the employer or insurer bocoming insolvent. A Convention concerning Equality of Treatment for National and Foroign Workers as regards Worknon's Compensation for accidents requires each country which is a member of tho International Labour Organisation to grant to the nationals of any oth^r member ratifying 0941 22 number of employers' and workers' representatives nominated or appointed to act as adjudicators by their respective organizations or elected by bodies of employers and workmen. Where such disputes are dealt with by ordinary courts of law, the courts should be required to-herar emplayers' and workers' representatives as experts in cases involving questions of an occupational character and, in particular, the question of degree of incapacity. In all the Canadian provinces except Alberta, there is a representative of organized labour on the Workmen's Compensation Board. The Convention concerning occupational diseases requires compensation to be paid in case of death or disability from any of the specified diseases at rate not less than that prescribed for accidental injury. The diseases to be compensated are: anthrax, silicosis, poisoning by lead, mercury, phosphorus and arsenic or their compounds, and poisoning by benzene or its homologues and their nitro and amino-derivatives or by the halogen derivatives of hydro-carbons of the aliphatic series, pathological manifestations due to radium or other radio-active substances or to X-rays, and primary epitheliomatous cancer of the skin. None of the Canadian provinces provides for compensation for all these diseases although in all provinces five of them are compensated and some other diseases are included in each province*. A Recommendation of the Conference is to the effect that some provision, should be made for some simple procedure for revising the list of industrial diseases for which compensation is payable. In all the provinces, the Board has power to add to the list of diseases to be compensated. 0942 Occupational Diseases The following table shows the diseases for which compensation is payable under the Workmen's Compensation Acts, by provincesi- Anthrax Arsenic poisoning or its sequelae Lead poisoning or its Bequelae Mercury poisoning or its sequelae Phosphorus poisoning or its sequelae ) ) ) ) ) Allprovinces Ammonia poisoning or its sequelae ) New Brunswick Ankylostomiasis ) British Columbia, Manitoba ) Nova Scotia, Ontario, ) Saskatchewan Asbestosia ) Quebec Benzol poisoning ) Quebec, Saskatchewan Benzene poisoning and poisoning by its homologues, nitro and aminoderivatives, anilin and others ) Alberta, British Columbia, ) Manitoba (munition making) ) Ontario, Quebec, ) Saskatchewan Brass, zinc or nickel poisoning (See also under zinc) ) Ontario, Quebec, ) Saskatchewan Cadmium poisoning ) Ontario, Quebec, ) Saskatchewan Cancer arising from the manufacture of pitch and tar ) ) Saskatchewan Cancer, epitheliomatous, or ulceration) of the skin or cornea due to tar, ) pitch, bitumen, mineral oil or ) paraffin, or any compound, product ) or residue of any such substance ) Ontario Carbon bisulphide poisoning or its sequelae ) Ontario, New Brunswick, ) Saskatchewan Carbon dioxide poisoning or its sequelae ) British Columbia, Ontario, ) New Brunswick, ) Saskatchewan Carbon monoxide poisoning or its sequelae ) British Columbia, New ) Brunswick, Ontario, Quebec ) Saskatchewan - 0943 - 24 Carbon monoxide and carbon dioxide poisoning by coke fumes used as a beating agent in tbe shipbuilding or other industry j) British Columbia ) Cellulitis-y--subcutaneous , (bursitis ) ----- ------ elbow ) British Columbia, New ) Brunswick, Nova Scotia, ) Ontario, Quebec hand patella ) Alberta, British Columbia, )' Nova Scotia \ ) British Columbia, New ) Brunswick, Nova Scotia, j Quebec prepatellar ) British Columbia Chlorinated hydro-carbons (carbon ) tetrachloride, trichlorethylene, ) British Columbia, Ontario, tetrachlorethane, trichlornaphthalene } Quebec, Saskatchewan and others), poisoning by or it3 ) sequelae j Chlorinated hydro-carbons, acetates or) British Columbia alcohols, poisoning from } Compressed air illness ) British Columbia, New ) Brunswick, Ontario, Quebec, ) Saskatchewan . Conjunctivitis, bronchitis, tracheitis, pulmonary odema or gastric irritation caused by welding gases and fumes in electric and oxy-acetylene welding ) ) ) British Columbia ) ) Conjunctivitis and retinitis due to electro- and oxy-acetylene welding ) Manitoba, New Brunswick, ) Ontario, Quebec, ) Saskatchewan Cyanide, dermatitis in treatment of ) British Columbia ore ) Dermatitis and infection of skin or ) contact surfaces due to oils, cutting) compounds or lubricants, dust ) (Alberta only), flour (Saskatchewan ) . only) liquids, fumes, gases or ' ) vapours ) Alberta,Saskatchewan 0244 25 Dermatitis caused by any process where cutting-oils are used in machine work, involving contact with glue in the manufacture of ply-wood or.airplanes, direct contact with: uncooked meats, fish or poultry, or with mites on cheese, 3ugar or cereals, or from fruit or vegetable canning, from cement, red cedar, poison ivy, poison oak, or by handling of copra, or in manufacturing brooms or brushes ) ) ) ) ) ) British Columbia ) ) ) ) ) ) Dermatitis caused by any process involving the use of or direct contact with acids and alkalies or acids and oils, or soaps (B.C.) ) ) British Columbia, Ontario, ) Quebec ) Dermatitis and ulcerations in any process involving uses of a chromate or chromic acid ) British Columbia, Ontario, ) Quebec and Saskatchewan ) Dermatitis and ulcerations and ) infections of the skin due to employ- J ment carried on by following classes ) of workers; abattoir and stockyard } workers; boiler washers (steam); ) bricklayers; cement (Portland) workers;) dyers (in clothes cleaning establish- ) meats); furriers and fur workers; lime) ( workers; masons; metal platers ) Manitoba' (including galvanizers'and bronzers); ) munition workers; plasterers ) (including lime white-washers); painters) (including paint mixers and French ) polishers); printers (including ) engravers, electrotypers and litho- ) graphers); tanners (leather including ) hide-workers) ) Dermatitis venenata from any ) industrial procass involvinghandling ) Nova Scotia or use of irritants capable of ) causing it ) Frostbite ) Nova Scotia Glanders Alberta, New Brunswick Infection from handling sugar New Brunswick 0945 26 Infected blisters from any process involving continuous friction, rubbing or vibration ) British Columbia, ) Ontario, Quebec, } Saskatchewan Inflammation_of the synovial lining of the wrist Joint*aid tendon sheaths of wrist or hand } British Columbia, ) Ontario, Saskatchewan ) Magnesium, dermatitis due to metallic magnesium or its alloys ) British Columbia ) Miners' phthisis ) Saskatchewan Nitrous fumes, poisoning by, or its sequelae ) Ontario, Quebec, ) Saskatchewan, Manitoba, ) (munition making) Pneumoconiosis ) Ontario, Saskatchewan, ) Quebec Pneumoconiosis (deemed to be silicosis, siderosis, lithosis} in quarrying, crushing or polishing stone or metal and in mining ) ) Alberte ) ) Pneumoconiosis in monument lettering and ) setting, stone dressing and cutting, ) sand blasting, reduction and smelting ) British Columbia of ores, manufacture of alabastine, ) lime and gypsum products ) Pneumoconiosis in sewer-construction, road construction, or tunnelling; grinding or polishing of stone or metal castings or any process in any foundry or other manufacturing operation' ) ) ) British Columbia ) ) ) Poisoning, any process involving use of a volatile solvent in the manufacture and repair of airplanes,.assembling or repairing motor-vehicl'es, or in the making of paints, paint removers or in water-proofing fabrics, printing, dry cleaning, welding or gasoline blending ) ) ) ) British Columbia ) ) ) Red cedar, western red cedar, Alaska cedar, yellow cedar or yellow cypress, poisoning by ) ) British Columbia ) Silicosis in mining ) Ontario, Quebec, ) Saskatchewan, ) Nova Scotia I - - 27 - Silicosis in mining and in iron, steel ) Manitoba and metal foundries ) Silicosis itt-^nines,__Ln grinding tools or any in mines or in ore or operations sharpening or ) other operation ) rock-crushing ) ) British Columbia Silicosis in the making of pottery ) Quebec Stone workers' or grinders' phthisis ) Ontario, Saskatchewan Sulphur poisoning or its sequelae ) British Columbia ) New Brunswick Sulphur, inflammation or ulceration of ) British Columbia the skin -or mucous membrane (mining) ) Tooth-erosion due to exposure to acid mist in electrolytic zinc refining ) ) British Columbia ) Tuberculosis, pulmonary, in hospitals ) British Columbia or sanatoria under the Act ) Vascular disturbances in the upper ) extremities due to continuous vibration) from pneumatic or power drills, riveting machines or hammers in any ) construction, mining or quarrying ) operation ) ) BritishColumbia X-rays, radium or other radio-active ) substances, ulceration or malignant ) disease of the skin or other tissues ) Ontario, Quebec due to exposure to, (in Ontario, any ) disease due to such exposure) ) Zinc refining, ulceration of mucous membranes, due to acid fumes in ) British Columbia ) Scale of Compensation The table shows the benefits payable. Periodical payments may be computed for a lump sum on certain conditions. In all provinces compensation is paid in respect of a fostermother at the same rate as to a widow with one or more children for as long as payments to the children continue. 094^ I MONTHLY BENEFITS TO OEPENOANTS IN CASE OF DEATH OF IORKMAN Funeral didos or 1nva11 d Widower C H 11 L 0 ft E N flfth Psrent Orphans Where only dependants are other than oonsort & child Maxi men NOVA SCOTIA $100 $40 Under If* $10 eseh* Under If* $20 each. As in N.B* Maximum to 2/3 of oarnlngs^ Maximum $80 parent or parents $30* Maximum in ail $45* $I004 $40 plus sum of $100 Boys under If girls under 18, $10 eaoh NEK BRUNS!1OK Boys under If girts under 18 $15 oaeh Sum reasonablo and In proportion to pecuniary loss2 2/3 of earnfngs3 $125 $40 plus aua of $100 Undor 18, &I0 paeh* QUEBEC Under 18, $15 each1 As In N* 8. 2/3 of eamings3 Min. $50 to oonsort and one ehild*$12*50 par weok if moro* $I2J* $45 plui sun of $100 Under If* $10 osoh^ ONTARIO Undor If* $15 eaoh* As in N. 6. 2/3 of osrnlngs3 Mln to oonsort $45 or earnings of workman if loss* Rtth one oMld $55 $10 fo each addi tional child up to $55 earnings if greater* MANITOBA $150 $40 Undsr if* eldest $12* As In Ontario 2nd $10. 3rd others $8 each* As In N.8. Mas. $20 oaoh* Mas* in all $40* As in Que.3 but nin* $12.50 per bk* if ono ohildj $15 if oro I. in Manitoba* Ontario and Saskatoheean payments to ohlidron nay be aad* up to 18 yoare If dosirablo to oontlnuo eduoation. In Alberta* No* Brunswick* Nova Seotia* Ontario* Cuoboo and Saskatchewan paynonts to Invalid ohildreji are oontinued so long as Board eonslders workman would have eontrlbutod to support* in British Colusbla and Manitoba* paynonts are oontinued until rooovory* 2* In all provinoes compensation In these oasos is continued only as long as Board oonslders workman would have contributed tor support* 3* For maximum earnings that say bo reokonod* seo Tablo 2* Column J. 4* For oost of transporting body fron place of death to place of Interaont* $125 say be paid in Ontario and in Nos Brunsaiekrand In British Columbia $100 aay be paid for transportation to a point within the province* 0948 2? ClOSU.1 Widow or I nva 11 d fdonor CHILDREN nth Paront Orphan* $ 125 As In Quobao Under [6, $12 oaoh* SASKATCHEWAN Under 16, $20 eaoh* Whero only dependants art othsr than consort i oMId Maximus As In N, 8, Average earnings but Min, $12.50 per wk. ahers do- pendents are widow or Invalid widower and one or more oh11dren3 $125 $*0 plus aua of $100 Under 18, $12* ALBERTA Undor 18, $20* As In N.8. Max. to cs rant or parents 35a Max, In ell $702 $I254 $40 plus SUB Of $100 Undar |6, $10 oaoh* If attending school $I2.50 betwoen 16 and 18 years. BRITISH OOLUM8IA Under 16, $20 oaoh* $17*50 If able to attend school betnson Ifi. and 18 years and not attending, Max. in all $805 (a) as In N.B. Max. $ 40 to parent or parent* Max. In all $55* (b) If thero Is widow or invalid widower or orphans naXg to paront or paronts - $80^ 1. In Manitoba, Ontario and Saskatchewan payments to ohlldron nay bs aada up to 18 yoars If doslrablo to continue oduoatlon. In Alberta, Now Brunswlek, Nova Sootla, Ontario, Quoboo and Saskatchewan payaants to Invalid ohlldron are continued so long ay Board oonslders sorkaan would havo contributed to support. In British Coluabla and'Msnltoba, payaenta are oontinued until reoovery. 2. In all province* compensation In these oasos is continued only so tong as Beard oonslders workaan would havo oontrlbutod to support. 3. For aaxiaua earnings that aay be reckoned, see Tabic 2, Column 5. 4. For oost of transporting body froa plaoe of death to place of Intereent, $125 nay bo paid in Ontario and In New Brunswick and In British Coluabla $100 aay bo paid for transportation to a point within the provinoo. 5. Where thore Is an acouaulatlon In reserve booauae of lower payaonts to dependents In forolga oountrios, this aaxlaus Is not to apply. 0949 30 2. BENEFITS IN CASE OF DISABILITY PERMANEN T Total Partial TEMPORARY Total Parti si MAXIMUM EARNINGS RECKONED NOVA SCOT IA 2/3 of aarnIngsM|n. 2/3 of difference In $10 por ok, or oarn. __earnings before and ings If loss. . after aool4en+. If no difforenoo nay bo lump suau 2/3 of oarnlngs far duration. Illn. $10 por k. or oarnlngs if less. As in permanent partial disability for duration 1500 par annua* NEB BRUNSWICK Avorago earnings but not In exoesa of 2/3 of $2,000. Amount determined by Board. Lump sun nay bo g Ivan* 2/3 of earnings for duration, Min, $9 par *k. or earnings If less If earnings dimin ished by aora than 10$ 2/3 differonoo in earnings boforo and after aooldont for (fa ration. $2000 per annua 0UEBEC 2/3 of earnings, Uln. $12.50 par wk, or earnings If loss. 2/3 of dlffaronoo In earnings before and after tool dent. Min. as In total disibll Ity In proportion to dis ability. If diminished 10$ or less luap sun asy bs gl von. As in porasnant total disability for duration. As In permanent partial disability for duration. $2000 par annua* ONTARIO As In Queboo Bssod on impaired As In Quabao osrnlng oapaolty esti mated from nsturo and degree of Injury, If noro oqultable, 2/3 of diminution of oarnlngs. KIn.aa in total disabil ity .In'proportlon to disability. If diainish- ad 10$ or lass lump sun may bo givon. As in Qua boo $2^00 per annum MANITOBA 2/3 of otrnlngs.Mln. $15 per k< or earn ings If loss. As In Quebec As In Quabao As in Quabao As in Quo boo SASKATCHEWAN As In Quabco As in Quabao As in Quabao As in Quo boo As In Quabao ALBERTA 2/3 of oarnlngs.Min. $12,50 por wk.or oarnInga if less. Bated on Impaired oarn- 2/3 of earnings for ing oapeoity - if din- duration, inished 10$ or less lump sun may bo glven. Based on Impsirod earning cspacity. As In Quobso BRITISH COLUMBIA 2/3 of oarnlngs, Mln. $12.50 or oarnlngs If loss. 2/3 of dlmlnutlon of oarnlngs or may bo basod on imps I rod earning oapaolty. If oarnlngs not subs t ant tally loss lusp Sue nay be g Ivan, As In porsianent total disability for duration. Art 7 U v/ U 2/3 of dtoinutIon of earnings or may be basod on imps tr ue nt of earning oapeoity. $2500 por annuo*