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Horace Archambeault Québec (Province). Dept. of the Attorney General.

An act respecting damages resulting from accidents to workmen: Text of the ... online

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Online LibraryHorace Archambeault Québec (Province). Dept. of the Attorney GeneralAn act respecting damages resulting from accidents to workmen: Text of the ... → online text (page 5 of 6)
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construction, repair, or demolition thereof.

(2») In this act —

** Railway" maans the railway ot any railway com-



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pany to which the Regulation of Railways let, 1878^
applies, and includes a light railway made under the
Light Railways A ct, 1 896 ; and " railway " and ** railway
company " have the same meaniug as in the said Acts of
1878 and 1896;

"Factory'* has the same meaning as in the Factory
and Workshop Acts, 1878 to 1891 and also includes any
dock, wharf, quay, warehouse, machinery, or plant, to
which any provision of the Factory Acts is applied by the
Factory Workshop Act, 1896, and every laundry worked
by steam, water, or other mechanical power:

" Mine ** means a mine to which the Coal Mines
Regulation Act, 1887, or the Metalliferous Mines Regu*
lation Act, 1872, applies :

** (Quarry " means a quarry under the Quarries Act,
1894:

'* Engineering work " means any work of construction
or alteration or r^epair of a railroad, harbour, dock, canal,
or sewer, and includes any other work for the construc-
tion, alteration, or repair of which machinery driven by
steam, water, or other mechanical power is used :

** Undertakers ** in the case of a railwav means the
railway company ; in the case of a factory, quarry, or
laundry means the occupier thereof within the meaning
of the Factory and Workshop Acts, 1878 to 1895 ; in the
case of a mine means the owner thereof within the mean-
ing of the Coal Mines Regulation Act, 1887, or the
Metalliferous Mines Regulation Act, 1872, as the case
may be, and in the case of an engineering work means
the person undertaking the construction, alteration, or
repair ; and in the case of a bail liag meaus the persons
undertaking the construction, repair, or demolition :

** Employer " includes any body of persons corporate
or unincorporato and the legal personal representative of
a deceased employer :

** Workman " includes every person who is engaged in
an employment to which this Act applies, whether by
way of manuel labour or otherwise, and whether, his
agreement is one of service or apprenticeship or otherwise,



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and is expressed or implied, is oral or ia writing. Any
ref^^rence to a workman who has been injured shall,
where the workman is dead, include a reference to his
legal personal representative or to his dependants, or
other person to whom compensation is payable :

*' Dependants " means —

(a) in England and Ireland, such members of the
workman's family specified in the Fatal Accidents Act,
1846, as were wholly or in part dependant upon the
earning of the workman at the time of his death ; and

(b.) in Scotland, such of the persons entitled according
to the law of Scotland to sue the employer for damages
or solatium in respect of the death of tne workman, as
were wholly or in part dependant upon the earnings of
the workman at the time of his death.

(3 ) A workman employed in a factory which is a
ishipbuilding yard shall not be excluded from this Act
by reason only that the accident arose outside the yard
in the course of his work upon a vessel in any dock,
river, or tidal water near the yard.

8. — (1.) This Act shall not apply to persons in the
naval or military service of the Crown, but otherwise shall
appiy to any employment by or under the Crown to
which this Act would apply if the employer were a pri-
vate person.

(2 ) The Treasury may, by warrant laid before Par-
liament, modify for the purposes of this Act their warrant
made under section one of the Superannuation Act, 1887,
and notwithstanding anything in that Act, or any such
warrant, may frame a scheme with a vi^w to its being
certified by the Resristrar of Friendly Societies under this
Act.

». — Any contract existing at the commencement of
this Act, whereby a workman roliu'jaishes any right to
compensation from the employer for personal injury
arising out of and in the course of his employment, shall
not, for the purposes of this Act, ba deemad to continue



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after the time at which the workman's contract of service
would determine if notice of the determination thereof
were given at the commencement of this Act.

10« — (I.) This Act shall come into operation on the
first day of July, one thousand eight hundred and ninety-
«ight.

(2.) This Act may be cited as the Workmen's Compen-
sation Act, 1897.



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SCHEDULES



first schedule

Scale a\d Condition of Compensation

Scale

■ -t*
(1.) The amount of compettsation under this Act shall
be —

(a) where death results from the injury —

(i.) if the workman leaves any dependant wholly de-
pendant upon his earnings at the time of his death, a
sum equal to his earnings in the employment of the same
•employer during the three y»»ars next preceding the
injury, or the sum of one hundred and fifty pounds, which-
•ever of those sums is the larger, but not exceeding in any
case three hundred pounds, provided that the amount of
any weekly payments made under this Act shall be
deducted from such sum, and if the period of the work-
man's employment by the said employer has been less
than the said three years then the amount of his earnings
during the said three years shall be deemed to be 156
times his average weekly earnings during the period of
his actual employment under the said employer ;

(ii.) if the workman does not leave any such depend-
a.nts, but leaves any dependants in part dependant upon
his earnings at the time of his death, such sum, not
exceeding in any case the amount payable under the fore-
going provisions, as may be agreed upon, or, in default
of agreement, may be determined, on arbitration under
this Act, to be reasonable and proportionate to the injury
to the said dependants ; and

(iii.) if he leaves no dependants, the reasonable ex-
penses of his medical attendance and burial, not exceed-
ding ten pounds.



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(b ) where total or partial incapacity for work results
from the injury, a weekly payment during the incapacity
after the second week not exceeding fifty per cent, of
his average weekly earnings during the previous twelve
months, if he has been so long employed, but if not, then
for any less period during which he has been in the
employment of the same employers, such weekly payment
not to exceed one pound.

(2.) In fixing t he amount of the weekly payment regard
shall be had to the difference between the amount of the
average weekly earnings of the workman before the
accident, and the average amount which he is able to
earn after the accident, and to any payment not being
wages he may receive from the employer in respect of
his injury during the period of his incapacity.

(3.) Where a workman has given notice of an accident
he shall, if so required by the employer, submit himself
for examination by a duly qualified medical practitioner
provided and paid by the employer, and if he refuses to
submit himself to such examination, or in any way
obstructs the same, his right to compensation, and any
proceeding under this Act in relation to compensation,,
shall be suspended until such examination takes place.

(4.) The payment shall, in case of death, be made to
the legal personal representative of the workman, or, if
he has no legal personal representative, to or for the
benefit of his dependants, or, if he leaves no dependants,
to the person to w^hom the expenses are due ; and if made
to the legal personal representative shall be paid by hvu
to or for the benefit of the dependants or other persoa
entitled thereto under this Act

(5 ), Any question as to who is a dependant, or as to
the amount payable to each dependant, shall, in default
of agreement, be settled by arbitration und r this Act.

(6 ) The sam allotted as compensation to a dependant
may be iavested or otherwise applied for the benefit of
the person entitled thereto, as agreed, or as ordered by
the committee or other arbitrator.



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(7.) Any sum which is agreed or is ordered by the com-
mittee or arbitrator to be invested may be invested in
whole or in part in the Post Office Savings Bank by the
registrar of the county court in his name as registrar.

(8.) Any sum to be so invested may be invested in the
puTcha&e of an annuity from the National Debt Oommis^
sioners through the Post Office Savings Bank, or be
accepted by the Postmaster General as a deposit in the
name of the Registrar as such, and the provisions of any,
statute or regulations respecting the limits of deposits in
savings bank and the declaration to be made by a depo-
sitor, shall not apply to such sums.

(9.) No part of any money invested in the name of the
registrar of any county court in the Post Office Savings
Bank under this Act shall be paid out, except upon
authority addressed to the Postmaster-G-eneral by the
Teasury or by the judge of the county court.

(10.) Any porson deriving any benefit from any moneys
invested in a post office savings bank under the provi-
sions of this Act may, nevertheless, open an account in
a post office savings bank or in any other savings bank
in his own name without being liable to any penalties
imposed by any statute or regulations in respect of the
opening of accounts in two savings bank, or of two
accounts in the same savings bank.

(II ) Any workman receiving weekly payments under
this Act shall, if so required by the employer, or by any
person by whom the employer is entitled under this Act
to be indemnified, from time to time submit himself for
examination by a duly qualified medical practioner pro-
vided and paid by the employer, or such other person ;
but if the workman objects to an examination by that
medical practioner, or is dissatisfied by the certificate of
such practioner upon his condition when communicated
to him, he may submit himself for examination to one of
the medical practioners appointed for the purposes of
this Act, as mentioned in the Second Schedule to this
Act, and the certificate of that medical practitioner as to



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the condition of the workman at the time of the exami-
nation shall be given to the employer and workman, and
shall be conclusive evidence of that condition. If the
workman refuses to submit himself to such examination,
or in any way obstructs the same, his right to such
weekly payments shall be suspended until such exami-
nation has taken place.

(12.) Any weekly payment may be reviewed at the
request either of the employer or of the workman, and
on such review may be ended, diminished or increased
subject to the maximum above provided, and the amount
oT payment shall, in default of agreement, be settled by
arbitration under this Act.



{^\



/



^18 ) Where any weekly payment has been continued

not 1 ss than six months the liability therefor may,

oh the application by or on behalf of the employer, be

ifedeemed by the payment of a lump sum, to be settled,

/in default of agreement, by arbitration under this Act,

^Aud such lump sum may be ordered by the committee or

arbitrator to be invested or otherwise applied as above

/ mentioned.

/ (H ) A weekly payment, a sum paid by way of redemp-

' tion thereof, shall not be capable of being assigned,

oharged, or attached, and shall not pass to any other

person by operation of law, nor shall any claim be set oiff

against the same.

(15.) Where a scheme certified under this Act provides
for payment of compensation by a friendly society, the
provisions of the proviso to the first subsection of section
•eight, section sixteen, and section forty-one of the
Friendly Societies Act, 1896, shall not apply to such
450ciety in respect of such scheme.

(16.) In the application of this schedule to Scotland the
expression " registrar of the county court " means "sheriff
olerk of the county," and "judge of the county court '-
means " sheriff*."



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(17.) In the application of this Act to Ireland the
provisions of the County Officers and Courts (Ireland)
Act, 1877, with respect to money deposited in the Post
Office Savings Bank under that Act shall apply to money
invested in the Post Office Savings Bank under this Act.



SECOND SCHEDDLE



Arbitration



The following provisions shall apply for settling any
matter which under this Act is to be settled by arbitra-
tion : —

(I.) If any committee, representative of an employer
and his workmen exists with power to settle matters
under this Act in the case of the employer and workmen,
the matter shall, unless either party objects, by notice in
writing sent to the other party before the committee meet
to consider the matter, be settled by the arbitration of
such committee, or be referred by them in their discretion
to arbitration as hereinafter provided.

(2.) If either party so objects, or there is no such com-
mittee, or the committee so refers the matter or fails to
settle the matter within three months from the date of
the claim, the matter shall be settled by a single arbitra-
tor agreed on by the parties, or in the absence of agree-
ment by the county court judge, according to the pro-
cedure prescribed by rules of court, or if in England the
Lord Chancellor so authorises, according to the like pro-
cedure, by a single arbitrator appointed by such county
court judge.

(3.) Any arbitrator appointed by the county court judge
shall, for the purposes at tlfis Act, have all the powers of
a county court judge, and shall be paid out of moneys to
be provided by Parliament in accordance with regula-
tions to be made by the Treasury.



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(4.) The Arbitration Act, 1889, shall not apply to any
arbitration nnder this Act ; but an arbitrator may, if he
thinks fit, submit any question of law for the decision of
the county court judge, and the decision of the judge on
any question of law, either on such submission, or in
any case where he himself settles the matter under this
Act, shall be final, uuless within the time and in accor-
dance ^ith the conditions prescribed by rules of the
Supreme Court either party appeals to the Court of
Appeal ; and the county court judge, or the arbitrator
appointed by him, shall, for the purpose of an arbitration
under this Act, have the same powers of procuring the
attendance of witnesses and the production of documents
as if the claim for compensation bad been made by plaint
in the county court.

(5.) Rules of court may make provision for the appea«
ranee in any arbitration under this Act of any party by
some other person.

(6.) The costs of and incident to the arbitration and
proceedings connected therewith shall be in the discre-
tion of the arbitrator. The costs, whether before an arbi-
trator or in the county court, shall not exceed the limit
prescribed by rules of court, and shall be taxed in manner
prescribed by those rules.

(7.) In the case of the death or refusal or inability to
act of an arbitrator, a Judge of the High Court at Cham-
bers may, on the application of any party, appoint a new
arbitrator.

(8 ) Where the amount of compensation under this
Act shall have been ascertained, or any weekly payment
varied, or any other matter decided, under this Act,
either by a committee or by an arbitrator or by agreement,
a memorandum thereof shall be sent, in manner prescri-
bed by rules of court, by the said committee or arbitrator
or by any party interests d to^the registrar of the county
court for the district in which any person entitled to such
compensation resides, who shall, subject to such rules,
on being satisfied as to its genuineness, record such



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memorandum in a special register without fee, and
thereupon the said memorandum shall for all purposes
be enforceable as a county court judgment. Provided
that the county court judge may at any time rectify such
register.

(9.) Where any matter under this Act is to be done in
a county court, or by to or before the judge or registrar
of a county court, then, unless the contrary intention
appear, the same shall, subject to rules of court, be done
in or by to or before the judge or registrar of the county
court of the district in which all the parties concerned
reside, or if they reside in different districts the district
in which the accident out of which the said matter arose
occured, without prejudice to any transfer in manner
provided by rules of court.

(10 ) The duty of a county court judge under this Act,
or of an arbitrator appointed by him, shall, subject to
rules of court, be part of the duties of the county court,
and the officers of the court shall act accordingly, and
rules of court may be made both for any purple for
which this Act authorizes rules of court to be made, and
also generally for carrying into effect this Act so far
as it aff*ecis the county court, or an arbitrator appointed
by the judge of the county court, and proceedings in the
county court or before any such arbitrator, and such rules
may, in England, be made by the five judges of the county
courts appointed for the making of rules under section
one hundred and sixty-four of the County Courts Act,
1888, and when allowed by the Lord Chancellor, as pro-
vided by that section, shall have full effect without any
further consent.

(11) No court fee shall be payable by any party in
respect of any proceeding under 1 his Act in the county
court prior to the award.

( 12 ) Any sum awarded as compensation shall be paid
on the receipt of the person to whom it is payable under
any agreement or award, and his solicitor or agent shall
not be entitled to recover from him, or to claini a lien on,



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or deduct any amount for costs from, the said sum award-
ed, except such sum as may be awarded by the arbitrator
or county court judge on an application made by either
party to determine the amount of costs to be paid to the
said solicitor or agent, such sum to be awarded subject
to taxation and to the scale of costs prescribed by rules
of court.

(18.) The Secretary of State may appoint legally qua-
lified medical practitioners for the purpose of this Act,
and any committee, arbitrator, or judge may, subject to
regulations made by the Secretary of State and the
Treasury, appoint any such practitioner to report on any
matter which seems material to any question arising in
the arbitration ; and the expense of any such medical
practitioner shall, subject to Treasury regulations, be
paid out of moneys to be provided by Parlijament.

(14.) In the application of this schedule to Scotland—

(a.) "Sheriff" shall be substituted for *' county court
judge," ** sheriff court " for ** county court," ** action "
for ** plaint," '' sheriffclerk" for'* registrar of the county
court," and *' act of sederunt " for " rules of court; "

(6.) Any award or agreement as to compensation under
this Act may be competently recorded for execution in
the books of council and session or sheriff court books,
and shall be enforceable in like manner as a recorded
decree arbitral ;

(c.) Any application to the sheriff as arbitrator shall be
heard, tried, and determined summarily in the manner
provided by the fifty-second section of the Sheriff
Courts (Scotland) Act, 18^6, save only that parties may
be represented by any person authorised in writing to
appear For them, and subject to the declaration that it
shall be competent to either party .within the time and
in accordance with the conditions prescribed by act of
sederunt to require the sheriff to state a case on any
question of law determined by him, and his decision
thereon in such case may be submitted to either divi*
sion of the Court of Session, who may hear and deter-



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mine the same iinally, and remit to the sheriff with
instruction as to the judgment to be pronounced.

(15.) Paragraphs four and seven ot this schedule shall
not apply to Scotland,

(16.) In the application of this schedule to Ireland the
expression "county court judge," shall include the recor-
der of any city or town.



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ILOI



concernant les responsabilites des accidents dont les

ouvrieis sont victimes dans lenr travail,

du 9 avril 1898.



Titre /.— Ikdemnit^s en cas d'accidekts

1. 1 es accidents survenus par le fait du travail, on a
Toccasion du travail, aux ouvriers et employes occupes
dans Tinduibtrie du Mtiment, les usines, manufactures,
chantiers, les entreprises de transport parterre et par eau,
de charge ment et de decbargement, les magasins publics,
mines, minieres, carrieres et, en outre, dans toute exploi-
tation ou partie d'exploitation dans laquelle sont fabri-
queis ou mises eji ceuvre des matieres explosives, ou dans
laquelle il est fait usage d'une machine mue par une force
autre que celle de Thomme ou des animaux, donnent droit,
au profit de la victime ou de ses representants, k une
indemnite a la charge du chef d'entreprise, a la condition
que rinterruption du travail ait dure plus de quatre jours.

Les ouvriers qui travaillent seuls d'ordinaire ne pour-
ront Stre assujettis a la presente loi par le fait de la colla-
boration accidentelle d'un ou de plusieurs de leurs cama-
rades.

2. Les ouvriers et employes designes a Tarticle prece-
dent ne peuvent se prevaloir, a raison des accidents dont
ils sont victimes dans leur travail, d'aucunes dispositions
autres que celle de la presente loi.

Ceux dont le salaire annuel depasse deux mille quatre
cents francs (2,4U0 fr.) ne beneficient de ces dispositions
que jusqu'^ concurrence de cette somme. Pour le surplus,
il n'en droit qu'au quart des rentes ou indemnites stipu-
les a Tarticle 3, a moins de conventions contraires quant
au chijffre de la quotite.



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8. Dans les cas prevus a Tarticle I.Touvrierou rem-
ploye a droit :

Pour Tincapacite absolue et permanente, kune rente
egale aux deux tiers de son salaire annuel ;

Pour rincapacite partielle et permanente, a une rente
ggale a la moitie de la reduction que I'accident
aura fait subir au salaire ;

Pour rincapacite temporaire, k une indemnity jour-
naliere egale a la moitie du salaire touche au
moment de Taccident, si I'incapacite de travail a
dure plus de quatre jours et a partir du cinquieme
jour.

Lorsque I'accident est suivi de mort, une pension est
servie aux personnes ci-apres designees, a partir du deces,
dans les conditions suivantes :

(a ) Une rente viagere egale k 20 p. 100 du salaire
annuel de la victime pour le conjoint survivant non
divorce ou separe de corps, a la condition que le mariage
ait ete contracte anterieurement a Taccident. En cas de
nouveau mariage, le conjoint cessed'avoir droit a la rente
mentionnee ci-dessus ; il lui sera alloue dans ce cas, le
triple de cette rente a titre d'indemnite totale.

(b ) Pour les enfants, legitimes ou naturels, reconnus
avant Taccident, orphelins de pere ou de mere, ages de
moins de seize ans, une rente calculee sur le salaire
annuel de la victime k raison de 16 p. 100 de ce salaire
s'il n'y a qu'un enfant, de 25 p. 100 s'il y en a deux, de
85 p. 100 s'il y en a trois, et 40 p. 100 s'il y en quatre ou
un plus grand nombre.

Pour les enfants, orphelins de pere et de mere, la rente
est portee pour chacun d'eux a 20 p. 100 du salaire.

L'ensemblo de ces rentes ne pent, dans le premier cas,
de passer 40 p. 100 du salaire ni 60 p. 100 dans le second.

(c ) Si la victime n'a ni conjoint ni enfant dans les
termes des paragraphes a et fr, chacun des ascendants et
descendants qui etait k sa charge recevra une rente viagere
pour les ascendants et payable jusqu'a seize ans pour les
descendants. Cette rente sera egale k 10 p. 100 du salaire



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annuel de la victime, sans que le montant total des rentes
ainsi allouees puisse depasser 30 p. 100.

Chacune des rentes prerues par le paragiaphe c est, le
cas echeant, reduite proportionnellement

Les rentes constituees en vertu de la presente loi sont
payables par trimestre ; elles sont incessibles et insaisis-
eablcs.

Les ouvriers ctrangers, victimi s d'accidents qui cesse-
ront de r6sider sur le territoire fran^ais recevront, pour
toute indemnite un capital egal a trois fois la rente qui
leur avait ete allouee.

Les representants d'un ouvrier et ranger ne recevront
aucune indemnite si, au moment de Taccident, ilsnerfisi


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Online LibraryHorace Archambeault Québec (Province). Dept. of the Attorney GeneralAn act respecting damages resulting from accidents to workmen: Text of the ... → online text (page 5 of 6)