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114



Cap. 12



CONSOLIDATED ORDINANCES



C. 0.



CHAPTER 12.



An Ordinance respecting the Removal of Trespassers
from Public Pi'operty.



Sheriff or
Police Officer
to eject
persoDS from
public
property at
request of
Commis-



1. The Sheriff of the Yukon Territory, or any member of
the North-west Mounted Police force of the x ukon Terri-
tory, shall, when required in writing from time to time by
the Commissioner of the said Territory, eject all persons
and remove all buildings, goods and chattels, whether
attached to the realty or not, from

1. Dawson water front on the "West side of First avenue
in Dawson aforesaid and from the banks and shores of the
Yukon river adjoining such waterfront, and

2. From any public street or highway laid out by
proper authority in the Yukon Territory, and

8. From any Dominion lands in said Territory and from
any lands which were Dominion lands until sold by the
Commissioner or by the officer authorized to sell such
lands, and which have been sold, and

4. From any public property, and

5. From any portion of such waterfront, banks, shores,
street, highway, lands or property designated in snch writ*
ing, and such Sheriff or member shall deliver possession of
the same to Eds Majesty the King represented in that
behalf by the said Commissioner, or to such person or i)er-
sons as the Commissioner directs. No. 28 of 1901, s. 1.

Other persona ^* Every pcrsou shall, when required by the Sheriff, or

to assist ijy the member of said force to whom such writing is

directed, assist in such ejectment, and every peace officer

and member of said force shall, when so required, assist in

such ejectment and removal. No. 23 of 1901, s. 2.

No action ^ No actiou shall be brought against any Sheriff, mem-

agaii^t Sheriff jj^j Qf g^id forcc or agaiust any person for any act done in



performing or assisting to perform
such writing. No. 28 of 1901, s. 8.



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1902 PEOTECTION OF MINERS Cap. 18 116



CHAPTER 13.

An Ordinance for the Protection of Miners.



SHORT TITLE.



!• This Ordinance may be cited as ** The Miners^ Pro- Short title.
tection Ordinance:' No. 88 of 1901, s. 1.



APPLICATION.

2« This Ordinance shall apply to every mine of whatever AppUcation.
description within the Yukon Territory. No. 88 of 1901,
8. 2.

INTERPRETATION.

8. In this Ordinance and in any special rules made interpreta-
under the provisions of this Ordinance unless the context ^^^^
otherwise requires : —

1. "Mine includes every shaft in the coui:se of being "Mine."
sunk, and every level and inclined plane in the course of
being driven for commencing or opening any such mine, or

for searching for or proving minerals, and all the shafts,
levels, planes, works, machinery, tramways, railways and
sidings both below and above ground, in and adjacent to a
mine, and any such shaft, level, and inclined plane of and
belonging to the mine ;

2. *' Shaft " includes pit and slope ; "Shaft"
8. " Inclined plane " includes slope ; ilSe^"*^^
4.'** Plan " includes a map and section or sections, and ^p^n."

a correct copy or tracing of any original plan as so defined ;

5. ** Owner," in relation to any mine means any person "Owner."
or body corporate who is the immediate proprietor, or
lessee, or occupier of any mine, or of any part thereof, and
does not include a person or body corporate who merely
receives a royalty or rent from a mine, or is merely the
proprietor of a mine subject to any lease, grant or license
for the working thereof, or is merely the owner of the soil,
and not interested in the minerals of the mine, but any
contractor for the working of any mine or any part thereof
shall be subject to this Ordinance in like manner as if he
was an owner, but so as not to exempt the owner from any
liability ;

Si— Y.o. •



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116

"Agent."



Cap. 13



CONSOLIDATED ORDINANCES



C. 0.



6. ** Agent " in relation to any mine means any person
having on behalf of the owner, care or direction of toy
mine or other part thereof. No. 38 of 1901, s. 3.



Commission
may appoint
Inspector.



OFFICERS.



4. The Commissioner may from time to time appoint
suitable, competent, practical persons to act as Inspectors
under this Ordinance and may define the limits of the
district within which each cuch inspector may perform his
duties and exercise his powers. No. 38 of 1901, s. 4.



Duties of
Inspector.



Power of
Inspector.



DUTIES OF INSPKCTOR.'

5. It shall be the duty of every Inspector : —

1. To visit and inspect from time to time every mine
within the district for which he is Inspector.

2. To ascertain that the provisions of this Ordinance
and of any special rules made thereunder are complied with
and that the mines are worked with duo regard to the
safety and protection of the persons employed therein.

3. To investigate every case where

(a.) Loss of life or any personal injury to any person
employed in or about any mine in such district occurs by
reason of any explosion of gas, powder or other explosive or
of any steam boiler, or,

(ft.) Loss of life or any serious personal injury to any
person employed in or about any such mine occurs by
reason of any accident whatever.

4. To report to the Commissioner of the Yukon Terri-
tory all information in regard to any such case and to
notify the Public Administrator of every case of loss of life
with all particulars in regard thereto. No. 38 of 1901, s. 5.

INSPECTION.

6* The Inspector shall have power to do all or any of
the following things, namely —

1. To make such examination and inquiry as is neces-
sary to ascertain whether the provisions of this Ordinance
relating to matters above ground or below ground are
complied with in the case of any mine ;

2. To enter, inspect and examine any mine and every
part thereof at all reasonable times by day and night but
so as not to impede or obstruct the working of the mine ;

3. To examine into and make inquiry respecting the
state and condition of any mine or any part thereoi^ and
the ventilation of the mine, and the sufficiency of any
special rules for the time being in force in the mine and aU
matters and things connected with or r«»lating to the



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1902 PROTECTION OF MINERS Cap. 18 117

safety of the persons employed in or about the mine or
any mine contiguous thereto ;

4. To exercise such powers as are necessary for carrying
this Ordinance into effect.

(2.) Every person who wilfully obstructs the Inspector
in the execution of his duty under this Ordinance, and
every owner, agent and manager of a mine who refuses or
neglects to furnish to the Inspector the means necessary
for making an entry, inspection, examination or inquiry
under this Ordinance in relation to such mine, shall be
guilty of an offence against this Ordinance. No. 88 of 1901,

8.6.

T. If in any respect (which is not provided against Proceeding if
by any express provision of this Ordinance, or by any ^^^^ne to
special rule) the Inspector finds any mine, or any part be dangerou*.
thereof, or any matter, thing or practice in or connected
with any mine, to be dangerous or defective, so as in his
opinion to threaten or tend to the bodily injury of any per-
son, the Inspector may give notice in writing thereof to
the owner, agent or manager of the mine, and shall state
in such notice the particulars in which he considers such
mine or any part thereof, or any matter, thing or practice,
to be dangerous or defective, and require the same to be
remedied ; and unless the same is forthwith remedied the
Inspector shall report the same to the Commissioner.

(2.) If the owner, agent or manager fails to comply with
the requisition of the notice within ten days from the date
of such notice he shall be guilty of an offence against this
Ordinance.

(8.) The Commissioner, if satisfied that the owner, agent
or manager has taken active measures for complying with
the notice but has not with reasonable diligence been able
to complete the works, may adjourn any proceedings
taken before him for punishing the offence, and if the
works are completed within a reasonable time no penalty
shall be inflicted.

(4.) No person shall be precluded by any agreement from
doing such acts as are necessary to comply with the pro-
visions of this section, or be liable under any contract to
any penalty or forfeiture for doing such acts. No. 38 of
1901, s. 7.



ommissioner



S. "Where it appears to the Commissioner that a formal con
investigation of any accident in any mine or of any matter ^^J *^^^°^®
connected with the working of any mine is expedient, the hoi^vestig-
Commissioner may direct the Inspector to hold such inves- ^^J-^^^^^
tigation, and with respect to any such investigation the
following provisions shall have effect :

1. The Inspector shall make such investigation in such
manner and under such conditions as he thinks most effec-
tual for the making of a full investigation.



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118 Gap. 18 OONSOLIDATBD OBDINANC£S G. O.

2. The Inspector for the purposes of the inrestigatioii
shall have all the powers of a commissioner appointed
under Ghapter 11 of the Gonsolidated Ordinances of the
Yukon Territory, and all the powers conferred upon
the Inspector by this Ordinance and as part thereof or in
addition thereto the following powers, viz. : —

(a.) Power to enter and inspect any mine, building or
place, the entry or inspection of which appears to the
inspector expedient ;

(ft.) Power by summons signed by the Inspector to
require the attendance of any person and to require of such
person such answers or returns to inquiries as the Inspec-
tor thinks fit ;

(c.) Power to require the production of any book, paper
or document which the Inspector thinks important upon
such investigation ;

(rf.) Power to administer an oath.

8. Any person attending before the Inspector in obedi-
ence to any such summons shall be allowed the fee paid to
a witness attending a trial in the Territorial Court.

4. Any person who without reasonable excuse either
fails to comply with any summons requiring him to attend
before the Inspector upon any such investigation or refuses
to produce any document which he is required by the
Inspector to produce, or prevents or impedes the Inspector
when engaged in such investigation, shall for each offence
be liable to a penalty not exceeding four hundred dollars
or to imprisonment for a term not exceeding thirty days,
and in addition thereto, may be proceeded against in the
Territorial Court as for contempt of such court.

5. The Inspector shall make a report of such investi-
gation which the Commissioner shall cause to be made
public at such time and in such manner as he thinks fit.

6. Any expense incurred in and about any such inves-
tigation shall be paid out of the general revenue fund. No.
38of 1901, s 8

coroners' inquest.

ProvisionB as !!• "With rcspect to coroners' inquests on the bodies of
inqu^u!" persons whose deaths may have been caused by explo-
sions or accidents in mines, the following provisions shall
have effect :

1. "When a coroner holds an inquest on the body of any
person whose death may have been caused by an explosion
or accident, of which notice is required by this Ordinance
to be given to the Commissioner or Inspector, the Coroner,
whenever practicable, shall immediately notify the Inspec-
tor for the district of his intention to hold such inquest and
in the absence, non-arrival or non-attendance of the Inspec-
tor, the Coroner shall adjourn such inquest whenever practi-



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1902 PROTECTION OF MINERS Cap. 13 119

cable to enable the Inspector or some other properly quali-
fied person appointed by the Commissioner to be present to
watch the proceedings.

2. The Coroner at least four days before holding the
adjourned inquest shall send to the Commissioner or to the
Inspector for the district notice in writing of the time and
place of holding such adjourned inquest.

3. The Coroner before the adjournment may take evi-
dence to identify the body and may order the interment
thereof.

4. The Iasp3otoror sa 5h othar parson so a ppointed, and a
I>er8on appointed by the workmen of the mine at which
the explosion or accident occurred shall be at liberty at any
such inquest to examine any witnesses, subject, neverthe-
less, to the order of the Coroner.

5. Where evidence is given at an inquest at which the
Inspector or such other person so appointed is not present,
of any neglect as having caused or contributed to the
explosion or accident, or of any defect in or about the mine
appearing to the Coroner or jury, to require a remedy, the
Coroner shall send to the Inspector notice in writing of
such neglect or defect.

6. Any person having a personal interest in, or employed
in, or in the management of the mine in which the explo-
sion or accident occurred, or any relative of the deceased
person upon whose body the inquest is to be held shall not
be qualified to serve on the jury empanelled on the inquest,
or to act as Coroner therein, and it shall be the duty of the
constable or other oflGlcer not to summons any person dis-
qualified under this provision, and it shall be the duty of
the Coroner not to allow any such i)erson to be sworn or to
sit on the jury.

*7. If, in the opinion of the Inspector, it will lead to a
more thorough investigation, and will be more conducive
to the ends of justice, he may require the constable or other
oflBicer to summons as jurymen not more than three work-
ing men employed at any other mine than that at which
the explosion or accident occurred, who shall form part of
the jury sworn in such inquest.

8. Every person who fails to comply with the provi-
sions of this section shall be guilty of an oflFence against
this Ordinance. No. 38 of 1901, s. 9.

EMPLOYMENT OF BOYS.

lO. No boy of or above the age of twelve years, and Boys not to be
under the age of sixteen years shall be employed either ^^l^^^ ^
about or allowed to be for the purposes of employment in
or about any mine below or above ground for more than
forty-eight hours in any one week, or ibr more than
eight hours in any one day except in case of accident or
emergency.



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120 Cap. 18 CONSOLIDATED OBDINANCES 0. O.

(2.) For the purposes of this section a week shall be
deemed to begin at midnight on Saturday night and to end
at midnight on the succeeding Saturday night.

(3.) No boy of or above the age of twelve years and under
the age of sixteen years shall be permitted to work in or
about any mine below or above ground unless he is able to
read and write and is familiar with the rules of arithmetic
as far as, and including division, and furnishes a certificate
to that effect from a duly licensed teacher or from the
Inspector of the district in which he is employed.

(4.) Every such teacher and every such Inspector shall
without requiring payment of any fee, upon the applica-
tion of any boy desiring employment, make the necessary
examination of the boy and grant him such certificate, if he
is found to be entitled to the same, and any such teacher
or inspector refusing to make such examination and grant
such certificate shall be liable to a penalty not exceeding
twenty dollars. No. 88 of 1901, s. 10.



PAYMENT OF WAGES.

Wages not to **' ^^ wages shall be paid to anv person employed in or
be paid in about any mine at or within any public house, road house or
pubUc houses, pj^ce for the sale of any spirits, beer, wine or other spiritu-
ous or fermented liquors. No. 88 of 1901, s. 11.

Contravention 12« Every persou who contravenes or permits any person
be°an*off^^ to Contravene the provision of the next preceding section
shall be guilty of an offence against this Ordinance, and in
the event of any such contravention by any person whom-
soever the owner, agent and manager shall each be guilty
of an offence against this Ordinance unless he proves that
he had taken all reasonable means to prevent such contra-
vention. No. 38 of 1901, s. 12.



SHAFTS.

Shafts to have 13. The owucr, agent or manager of a mine shall not
SusIot laU^ employ any person in the mine or permit any person to be
ing and lower- in the mine for the purpose of employment therein unless
mgmen. ^j^^ following Conditions respecting shafts or outlets are
complied with ; that is to say :

1. Proper apparatus for raising and lowering persons at
every shaft or outlet shall be kept on the works belonging
to the mine, and such apparatus if not in actual use at the
shafts or outlets shall be constantly available for use. All
buckets, tubs and other vessels in which goods and ma-
terials and other things are lowered into or raised from the
mine shall be safely attached to the rope, cable or other
means by which the same are lowered or raised so as to
obviate all danger to persons beneath the same.



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1902 PBOTlBCnON OF MINERS Cap. 13 121

2. Every owner, agent or manager who acts in contra- Owner negiec-
vention of or fails to comply with this section shall be guilty pro^ a^pa^
of an oflFence against this Ordinance. of?^

8. The Territorial Court or any judge thereof whether courrM^y by
any other proceedings have been taken or not, may upon injunction
the application of the Crown Prosecutor prohibit by in- ^^^ of
junction the working of any mine in which any person is mine not
employed or is permitted to be for the purpose of employ- ^^f tuIT^^
ment in contravention of this section or of any other sec-
tion of this Ordinance, and may award such costs in the
matter of the injunction as the court or judge thinks just ;
but this provision shall be without prejudice to any other
remedy permitted by law for enforcing the provisions of
this Ordinance.

4. Written notice of the intention to apply for such in- Written notice
junction in respect to any mine shall be given to the owner, app?^?or^'* ^
agent or manager of the mine not less than two days before injunction to
the appUcation is made. ^^e^*^ ^"^

6. No person shall be precluded by any agreement from Actsnecesaary
doing such swjts as are necessary to comply with the pro- ^th^^^^j^^n-
visions of this Ordinance or be liable under any contract to ce aUowed.
any penalty or forfeiture for doing such acts as are neces-
sary in order to comply with the provisions of this Ordin-
ance. No. 38 of 1901, s. 13.

14. When in or about any mine whether above or Loss of life or
below ground either, Kff.!2??i «:„^

1 T p TP 1 • • X iniurymmine

1. Loss of life or any personal injury to any person em- to be reported
ployed in or about the mine occurs by reason of the ex- !f^2^™""**'
plosion of gas, powder or other explosive, or of any steam

boiler, or,

2. Loss of life or any serious personal injury to any per-
son employed in or about the mine occurs by reason of any
accident whatever, the owner, agent or manager of the
mine shall within twenty-four hours next after the ex-
plosion or accident send notice in writing of the explosion
or accident, and of the loss of life or personal injury oc-
casioned thereby to the Commissioner and to the Inspector
for the District, and shall specify in such notige the charac-
ter of the explosion or accident, and the number of persons
killed or injured, and as soon after as possible, and before
the end of each year a return of facts relating to such acci-
dent or explosion in the form given in the schedule to this
Ordinance.

(2.) Where any personal injury of which notice is required ^^^^^ ^^,
to be sent under this section results in the death of the seTtto^com-
person injured, notice in writing of the death shall be sent raissionerand
to the Commissioner and to the Inspector for the District ^\^ 24
within twenty-four hours after such death comes to the *»o^"-
knowledge of the owner, agent or manager.

(3.) Every owner, agent or manager who fails to act in Failure to
compUance with this section shall be guilty ©f an offence Xtc'l'?''''^ ''''
against this Ordinance. No. 38 of 1901, s. 14.



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122



Gap. 18



CONSOLIDATED OBDINANCES



C 0.



Notice of 19* In any case,—

ownerehipor 1- Wherever, any change occurs in the name of the
opening or owncF, agent OF manager of any mine or in the offices of any
to^^TOn t™to* incorporated company which is the owner of any such

commissioner, mine, Or,

2. Where any working is commenced for the purpose of
opening any such mine, or,

8. Where any mine is abandoned or the working thereof
discontinued, or,

4. Where the working of a mine is recommenced after
an abandonment or discontinuance for a period exceeding
two months,

the owner, agent or manager of such mine shall give
notice thereof to the Commissioner within two months after
such commencement, abandonment, discontinuance, recom-
mencement or change ; and if such notice is not given the
the owner, agent or manager shall be guilty of an offence
against this Ordinance, provided that this section shall not
apply to placer mines. No. 38 of 1901, s. 15.



ABANDONED MINES.



Abandoned
shafts to be
fenced.



16. Where any mine is abandoned or the working
thereof discontinued at whatever time such abandonment
or discontinuance occurs the owner thereof and every other
person interested in the mineral of such mine shall cause
the top of the shaft and any side entrance from the surface
to be, and to be kept securely fenced for the prevention of
accidents.

Provided that,

1. Subject to any contract to the contrary, the owner of
the mine shall, as between himself and any other person
interested in the minerals of the mine be liable to carry
into effect this section and to pay the costs incurred by any
other person interested in the minerals of the mine in
carrying this section into effect ; and,

2* Nothing in this section Rhall exempt any person from
any liability under any other Ordinance, act, law or other-
wise.

(2) If any person fails to act in conformity with this sec-
tion he shall be guilty of an offence against this Ordinance.
No. 88 of 1901, 8. 16.



GENERAL RULES.



Rules. IT. The following general rules shall be observed as

far as is reasonably practicable in every mine : —



Ventilation.



RuU 1,

An adequate amount of ventilation shall be constantly
produced in every mine to dilute and render harmless



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noxious



1902 PROTKOTION OF MINERS Cap. 18 . 128

noxious gases to such an extent that the working places of
the shaft levels and workings of the mine shall be in a fit
state for working and passing therein.

Rule 2.

All entrances to any place in a mine not in actual course Entrances to
of working, and extension, shall be properly fenced across wOTking^to
the whole width of such entrance so as to prevent persons be fenced.
inadvertently entering the same.

Rules.

If at any time it is found by the person for the time being Workingmen
in charge of the mine or any part thereof, that by reason of SSnw where °
noxious gases prevailing in such mine or such part thereof there are
or of any cause whatever, the mine or the said part is *"

dangerous, every workman shall be withdrawn from the
mine or such part thereof as is so found dangerous, and no
workman shall, except in so far as is necessary for inquiring
into the cause of danger or for the removal thereof or for
exploration be re-admitted into the mine or such part
thereof as is so found dangerous until the same is made
safe.

Ride j^^

The following provisions shall relate to the use of any Explosive.
explosive in a mine :

(a.) It shall not be stored in a mine ;

(6.) It shall not be taken into a mine except in a secure
case or canister containing not more than six pounds ;

(c.) A workman shall not have or use at any one time in
any one place more than one of such cases or canisters.

Rule 6,

Every underground plane on which persons travel where signals.
the produce of the mine is carried by cars which are self-
acting or worked by an engine, windlass or gin, shall be
provided (if exceeding thirty yards in length) with some
proper means of communicating distinct and definite sig-
nals between the stopping places and the ends of the plane
and shall be provided in every case at intervals of not
more than twenty yards with sufficient man-holes for places
of refuge, and every back or counter balance used for rais-
ing or lowering minerals, if exceeding thirty yards in
length unless exempted in writing by the Inspector, shall



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 17 of 77)