Document 5b70JR99jgzwYRd3J2jkGZ8GJ

FILE NAME: Asbestos Mining (ASMI) DATE: 1940 A prl5 DOC#: ASMI007 DOCUMENT DESCRIPTION: Memo RE Quebec Occupational Disease Legislation with Cover Memo from Bell Asbestos Mines f\ B(ELLIL ASBESTOS MINES LTD. THETFORD MINES, QUEBEC OANAM April 6th. 1940 "nn'i Moot McmwnM Mr. 0.a.B*ll, Kinaaton Oor Houoa. Kingston Ooraa, nr Llttlahampton, 8u s m x , toglwm. Star Mr. Balli- to a **f?rono* " * in our lat Board minuta ormn1? f th Produoer* with tha Minietor of Labor nd tha diS Lagil*tintn 0nalMl0n in Qu#b#0 f*ltlTa to oooupational T --1 . ... thla oonnootlon, a d aa a mattar of intaraat T8?*wl.th 00P? of Memorandum proparad by Mr, TandlTer Brown who haada Johna-Manrilia* legal dopartmoit in Now York, ' t* Your Tory tr u ly , -O BSLL ASBSST03 MINIS LID Enclosure 0C3/GSB 00, Mr, W,W,Y.Shophord with ano. I I > COPY , 4/10/40 BIO OCCUPATIONAL PI3BA31 UtQlSLATIOll Meetings were hold In the Chateau Fronton* Hotel In Qusbeo City on Thursday wa n i n g and Friday morning, at whlah the following war present! * )lr* Smith. of Ball Ulna* Ur. MoCallum of Aabaatoa Corporation Ur. UoOamaon of Johnson's Utnas Ur. H.K.Sherry, Dr. R.H.Stevenson and Ur. Vandiver Brown of Canadian Johns-Uanvlllo. The meetings tare held as a preliminary to a meeting on Friday at noon with Ur. Roohette. Minister of Labour and Ulnes under the reoently-eleoted Oodboyt administration. The meeting with the Minister of Labor and Mines was brief but productive of the following Information! 1. Amendment of the Workmen's Compensation Aot so far as It relates to industrial diseases Is definitely on the program for the ourrent session of the Legislative Assembly, B. The exaot nature of the changes whloh will be enaoted is not yet known, as the Cabinet has not found time to oonalder the question due to the pressure of other end more Important business. 9. Minister Roohette stated he anticipated Cabinet oonalder- .atlon bf the amendments during the week of April 22nd and stated that, onoe the Administration had agreed Upon the form the amendments should take, they would be nut through promptly. The only eontingenoy whiob might defeat .. action at the ourrent session was the possibility of a sudden adjournment to Thwaj* the Duplessis opposition In a possible effort to prolon,, the session for political rtAiouii ( _ Mr. Roohette referred us to Commissioner O.I.Sharne of the Workmen's Compensation Commission for detail, as to the nature of the proposed ohanges to be submitted to the Cabinet for its een.idsratloa The Minister personally arranged en appointment with . a h a ? w ror 9.30 o'eloek in the afternoon. v The group representing the asbestos miners reeelved the following Information from Oomlssloner Sharpe! I f f i o ' i - 8 1 The present law will be ohanged by either (e) adopting the Ontario law and schedules In toto or (b) by enaotlng a law substantially similar to the New York law relating to Sllloosis 8 In either oaae the definition appearing In the present law whioh treats lung fibrosis resulting from asbestos dust as a form of sllloosis will be eliminated. The Commissioner assured us that the only dust disease to be oovered by the new law was sllloosis| that asbestosls would definitely not be oovered but that if the asbestos miners desired It to be oovered he would ue glad to have It lnoluded. Commissioner 8harpe was advised the asbestos miners preferred that asbestosls npt be oovered or otherwise referred to in the Aot. Their interest was In seeing that if it were lnoluded It be separ ately listed. The deoislon of the asbestos mining group was based upon the i following considerationss (a) There having been no oases of disability or death resulting r from asbestosls. there Is no necessity from the employees' point of view of having the disease mode oomponaable} (b) No "racket** haring developed in oonneotlon with Common Law aotlons, there Is no need from the employers' point of lew In having the disease made compensable; and (o) The listing of the disease by name would point so definitely in tho direction of the asbestos mining industry as to render it probable many groundless olaims would bo filed I!? I* Hi" 8!* suggested that from the Industir'e ba inf e r a b l e to watoh the operation of the ! -if" for a 3r?ai\or two an4 than doide whether It was l desirable asbestosls Is similarly oovered n.*-- t0 th impressions previously entertained by the Legal Department, the only diseases whioh are compensable are those whioh arV , .tha *b*<lule# The Commissioner himself so stated and I I read the opinion of a prominent Montreal law firm whioh was to the aa*f* a matter of foot, it Is of Interest to note that the agitation for amendment oomes from the gold mining group which was dissatisfied beoauss only "lnfeetloua .ilieo.i." Ttht la, .llloo.l* aeeempanied by tuberoulosls) is compensable under the present law. t o l s left them open to uomwon Law aotlons in oases where tuberoulosls was not present. . T COPY t Mr* Sherry, who noted aa Chairman of tha Oommittea whioh mat with Mr. Koohatta and Commiaaionar 8^ r p j , 1* * - provided with a copy of tha propoaed bill aa promptly aa poaeible after it baoomaa available for diatribution and oaaaaa to be a con fidential matter* Vandiver Brown . v i1 r\ \ * 6 / * / a