THE 
 
 MARTIN P. CATHERWOOD 
 
 LIBRARY 
 
 OF THE 
 
 NEW YORK STATE SCHOOL 
 
 OF 
 
 INDUSTRIAL AND LABOR 
 
 RELATIONS 
 
 AT 
 
 CORNELL UNIVERSITY 
 
« Cornell University 
 B Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924054569474 
 
FINAL REPORT 
 
 ON 
 
 Laws Relating to the 
 Liability of Employers 
 
 To Make Compensation to their Employees 
 for Injuries received in the course of their 
 employment which are in force in other 
 countries. 
 
 By 
 
 THE HON. SIR WILLIAM RALPH MEREDITH, C.J.O., 
 
 COMMISSIONER. 
 
 PRINTED BY ORDER OF 
 
 THE LEGISLATIVE ASSEMBLY OF ONTARIO 
 
 TORONTO : 
 Printed and Published by L. K. CAMERON, Printer to the King's Most Etcellent Majesty 
 
 1913. 
 
Printed by 
 
 WILLIAM BRIGGS 
 
 29-37 Richmond Street West 
 
 TORONTO 
 
Final Report 
 
 ON 
 
 LAWS RELATING TO THE LIABILITY OF EMPLOYERS TO MAKE COMPENSA- 
 TION TO. THEIR EMPLOYEES FOR INJURIES RECEIVED IN THE COURSE 
 OF THEIR EMPLOYMENT WHICH ARE IN FORCE IN OTHER 
 COUNTRIES, AND AS TO HOW^ FAR SUCH LAWS 
 ARE FOUND TO WORK SATISFACTORILY. 
 
 By 
 
 THE HON. SIR W^ILLIAM RALPH MEREDITH, C.J.O., Commissioner 
 
 To His Honour Sir John Morison Gibson, K.C.M.G., K.C., LL.D., Lieutenant- 
 Oovernor of the Province of Ontario. 
 
 Mai it Please Your Honour : 
 
 I have the honour to report that I have concluded the enquiries which I was 
 by Your Honour's Commission bearing date the 30th day of June, 1910, appointed 
 to make " as to the laws relating to the liability of employers to make compensation 
 to their employees for injuries received in the course of their employment which 
 are in force in other countries, and as to how far such laws are found to work 
 satisfactorily," and, on the first day of April, 1913, I submitted to Your Honour a 
 draft bill embodying such changes in the law as in my opinion should be adopted 
 in this Province, and I now proceed to state my reasons for recommending that 
 the draft bill should be passed into law. 
 
 At the outset of the enquiry it was contended by those who spoke on behalf 
 of the workingmen: (1) That the law of Ontario is entirely inadequate in the 
 conditions under which industries are now carried on to provide just compensation 
 for those employed in them who meet with injuries, or suffer from industrial 
 Jiseases contracted in the course of their employment; and (3) that under a just 
 law the risks arising from these causes should be regarded as risks of the industries 
 jnd that compensation for them- should be paid by the industries. 
 
 With these two propositions those representing the employers expressed their , 
 igreement, though it is fair to say that it was probably not intended to agree 
 ;hat compensation should be paid in respect of industrial diseases. 
 
 Agreeing as I did with the contention of the workingmen there remained 
 )nly to be considered in what form and by what means the compensation should 
 DC provided. 
 
 For the purpose of reaching a conclusion as to this, and in obedience to the 
 iirections of the Commission,'! made enquiry as to the laws in force in the principal 
 European countries, in ihe United States of America and in the Provinces of 
 Canada. I also visited Belgium, England, Franwj, jagji. (gf rmany, and con- 
 sulted those concerned in administering tb^iJAf^SJ'lj^^t'^S^fOT^i/fipiw 
 
 f3] mi^m STATE SCHOOL 
 INOUSTRIAL m LABOR RELATIONS 
 
 Cornell University 
 
i PINAL REPOKT OP THE COMMISSIONER No. 53 
 
 qualified to judge as to whether they have been found to work satisfactorily. Much 
 evidence has been taken bearing upon the general question, all of which appears 
 in the appendix to my first interim report, dated the 37th day of March, 1912, 
 and the appendix to this report. 
 
 Before referring to the different systems in operation it may be proper to say 
 that most of these laws, and perhaps all of them except the German, have not been 
 in force long enough to enable a conclusive opinion to be formed as to their merits 
 or demerits. 
 
 There are two main types of compensation laws. By one of them the em- 
 ployer is individually liable for the payment of it, and that is the British system. 
 By the other, which may be- called the German system, the liability is not individual 
 but collective, the industries being divided into groups, and the employers in the 
 industries in each group being collectively liable for the payment of the compen- 
 sation to the workmen employed in those industries — practically a system of com- 
 pulsory mutual insurance under the management of the State. The laws of other 
 countries are of one or other of these types, or modified forms of them, and in 
 most, if not all of them, in which the principle of individual liability obtains, 
 employers are required to insure against it. 
 
 Those representing the workingmen at the beginning of the enquiry appeared 
 to favour the adoption of the British system. Mr. P. W. Wegenast, who represented 
 the Canadian Manufacturers Association, strongly urged the adoption of the Ger- 
 man system, and his view was supported by most of the other employers who ap- 
 peared or were represented before me, and later on in the enquiry the representa- 
 tives of the workingmen fell in with Mr. Wegenast's views. 
 
 There were, however, differences of opinion as to details. The employers 
 insisted that a part of the assessments to provide for the payment of the com- 
 pensation should be paid by the employees, and this was vigorously opposed by 
 the representatives of the workingmen. The employers desired that no compen- 
 sation should be payable where the injury to the workman did not disable him 
 from earning full wages for at least seven days, and to this the representatives 
 of the workingmen objected. The employers also desired that, as the British act 
 provides, an employee should not be entitled to compensation if his injury was due 
 to his own serious and wilful misconduct, but the representatives of the working- 
 men objected to any suoh limitation of the right to compensation. 
 
 As stated in my first interim report, 1 had then come to no conclusion as to 
 these matters, or as to what system of compensation I should recommend for 
 adoption, nor had I reached a conclusion as to the industries to which the law 
 should be made applicable, nor as to certain other details which I enumerated in 
 my report. 
 
 After the best consideration I was able to give to the important matters as to 
 which I was commissioned by Your Honour to make recommendations, I came to 
 the conclusion, to which I still adhere, that a compensation law framed on the 
 main lines of the German law with the modifications I have embodied in my draft 
 bill is better suited to the circumstances and conditions of this Province than the 
 British compensation law, or the compensation law of any other country. 
 
 I have had the benefit of hearing the opinions of Mr. Miles M. Dawson, Mr. 
 S. H. Wolfe, Mr. P. Tecumseh Sherman, and Mr. P. W. "Wegenast, all of whom 
 have given special attention to the subject of compensation laws and industrial 
 accident insurance, as to the operation of those laws, and as to the best form of 
 compensation law to be adopted under the conditions which obtain in this Province, 
 
1914 WOEKMEN'S COMPENSATION" COMMISSION. 5 
 
 and also of hearing the opinions of Mr. James Harrington Boyd, who had a large 
 part in framing the compensation law passed by the Legislature of the State of 
 Ohio, and of Mr. P. W. Hinsdale, the chief auditor of the Industrial Insurance 
 Board of the State of Washington, as to the operation of the compensation laws of 
 those States, and also upon the general question as to the best form of compen- 
 sation law for this Province. 
 
 These gentlemen differed widely in their opinions as to the best form of 
 compensation law, as will be seen from their testimony and arguments which appear 
 in the appendices to my report, and from the memoranda submitted by Mr. Wolfe 
 and Mr. Sherman, although they are practically unanimous as to the industries 
 bearing the burden of the compensation, and, with the exception of Mr. Wegenast, 
 they are all of opinion that this burden should be borne equally by the employer 
 and employed. 
 
 Mr. Sherman is opposed to the system of collective liability, which he character- 
 izes as unjust because it imposes upon the individual employer the obligation ol 
 sharing the burden of accidents in other establishments than his own and, as he 
 assumes, notwithstanding that by the introduction of the best machinery and ap- 
 pliances and safeguarding against accident he has reduced the number of accidents 
 in his establishment to a minimum, he is placed as respects his liability to pay com- 
 pensation on the same footing as an employer whose machinery and appliances are 
 defective and who takes little or no precaution to guard against accidents' in his 
 establishment. 
 
 If a uniform rate were payable by all the employers in a class or sub-class, 
 regardless of these considerations, I agree that there would be the injustice which 
 Mr. Sherman points out, but I have in the draft bill which I have submitted in- 
 troduced provisions (sec. 71, s.s. 2 and 4) which, in my opinion, will provide against 
 that happening. 
 
 The arguments presented by Mr. Dawson and Mr. Wegenast, and perhaps those 
 of Mr. Wolfe, in favour of the collective system are, I think, unanswerable if, as I 
 believe, the true aim of a compensation law is to provide for the injured workman 
 and his dependants and to prevent their becoming a charge upon their relatives or 
 friends, or upon the community at large. 
 
 It is in my opinion essential that as far as is practicable there should be cer- 
 tainty that the injured workman and his dependants shall receive the compensation 
 to which they are entitled, and it is also important that the small employer should 
 not be ruined by having to pay compensation, it might be, for the death or per- 
 manent disability of his workmen caused by no fault of his. It is, I think, a serious 
 objection to the British act that there is no security afforded to the workman and 
 his dependants that the deferred payments of the compensation will be met, and 
 that objection would be still more serious in a comparatively new country such as 
 this, where many of the industries are small and conditions are much less stable 
 than they are in the British Isles. 
 
 This objection could, of course, be met by making it obligatory upon the 
 employer to insure his workmen against accident to the maximum amount to 
 which they or their dependants would be entitled under the act, but if insurance 
 is to be compulsory I see no reason why the cheapest form of it — ^mutual insurance 
 — ^should not be prescribed. • 
 
 I agree also with Mr. Dawson that the ultimate burden of paying the com- 
 pensation under such a law as is proposed falls upon the community and that 
 
nXAL REPORT OF THE COMMISSIONER. Xo. 53 
 
 whatever the employer has to pay, whether directly by way of compensation, or 
 if he insures against his liability by paying insurance premiums, forms part of 
 the cost of that which he produces and is added to the selling price. 
 
 Mr. Sherman's view is that insurance should be made compulsory "only if 
 and when reasonably necessary in order to assure to the injured workmen the 
 payment of their compensation," and that "in no event should those concerns 
 that are amply able to carry their own insurance be required to buy insurance 
 or contribute to a State scheme, for that," he says, "would be pure economic waste." 
 
 I do not understand the latter argument or how there can be said to be 
 economic waste if the "concerns" he mentions are not required to do more than 
 contribute with other employers to the payment of compensation according to the 
 hazard of their respective businesses. I could understand that there might be 
 economic waste if it were incumbent on such an employer to insure with a joint 
 stock company which would require him to pay a premium sufficient to provide 
 for the cost of securing the business and a reasonable dividend to its shareholders 
 as well as to indemnify against the risk undertaken. 
 
 There was much discussion as to the basis on which the assessments to provide 
 the compensation should be made. The German law provides for assessing only 
 for the amounts required to meet the payments of compensation which fall due 
 during the year next preceding that in which the assessments are made, with an 
 added percentage to provide a reserve fund to meet deficiencies in the accident fund 
 in the event of an unusual catastrophe or a depression in trade, but no assessment 
 is made beyond that to meet the deferred payments of compensation, i.e., the 
 paymenlts which are to become due in future years. This plan, popularly called 
 the current cost plan, is that proposed by the Canadian Manufacturers Associa- 
 tion, and Mr. Dawson favours it as not only expedient because it does not involve 
 making the heavy assessments which would have to be made at the outset if the 
 capitalized value of the deferred payments had to be provided for by the assess- 
 ments, but also as "not unfair to the employers in future years, or economically 
 unsound." 
 
 On the other hand the current cost plan is vigorously denounced by Mr. 
 Sherman, who contends that it is manifestly unfair to the employer of the future 
 because it shifts upon his shoulders part of the burden of compensating for acci- 
 dents which have happened before he became an employer, and that it results in 
 low assessments in the early years of the operation of the law, and necessarily 
 increases in the later years, until in a measurable period of time they become a 
 burden too oppressive for the employer of the future to bear. 
 
 In support of his view Mr. Sherman referred to the rates in Germany, which 
 he said, "now average about double what they were at the beginning," and he 
 added that "it is calculated that they will not reach their stable maximum for 
 some twenty years more. How much more they will then be no one knows, but 
 the majority guess is they will then double." 
 
 Mt. Wolfe, is equally emphatic in his condemnation of the current cost plan, 
 and in addition to his oral testimony presented a table which appears on page 147 
 of the appendix to this report, and which he contended demonstrates the accuracy 
 of his conclusions. 
 
 The views of Mr. Sherman and Mr. Wolfe were controverted by Mr. Wegenast, 
 who contended that statistics prove that in some instances the stable maximum 
 has already been reached and that there is nothing to justify the gloomy fore- 
 bodings of Mr. Sherman as to the future.-^ 
 
1914 WORKMEN'S COMPENSATION COMMISSION. 7 
 
 Mr. Wegenast's contention is hardly supported by Mr. Dawson, whose opinion 
 (page 453, appendix to first interim report) is that there will be an increasing rate 
 "which is estimated to increase pretty rapidly for about ten years and then rather 
 slowly and with increasing slowness for at least fifteen years longer, and if there 
 is no improvement in the conditions relating to trade and industry, it will still 
 very slowly increase for twenty-five years beyond that." 
 
 I am not convinced that the German plan affords an adequate safeguard against 
 the dangers which Mr. Sherman anticipates, nor am I satisfied that it does not do 
 so. I have, therefore, concluded that the act should not lay down any hard and fast 
 rule as to the amount which shall be raised to provide a reserve fund and that it is 
 better to leave (that to be determined by the Board which is to have the collection 
 and administration of the accident fund as experience and further investigations 
 may dictate. I have therefore made provision in the draft-bill to that end, by mak- 
 ing it "the duty of the Board at all 'times to maintain the accident fund so that with 
 the reserves it shall be suflBcientr to meet aU the paymenlts to be made out of the fund 
 in respect of compensaition as they become, payable and so as not unduly or unfairly 
 to burden the employers in any class in future years with payments which are to be 
 made in those years in respect of accidents which have previously happened," 
 (sec. 70), and by authorizing the Lieutenant-Governor in Council if in his 
 opinion the Board has not performed that duty to require the Board to make a 
 supplementary assessment of such sum as in his opinion is necessary to be added 
 to the fund, (sec. 90), and these provisions I deem essential to the safety and 
 adequacy of the scheme of compensation for which th-e draft bill provides. 
 
 I may here point out that the act of the State of Washington upon which 
 the draft bill submitted by the Canadian Manufacturers Association, to which I 
 shall afterwards refer, is modeled, requires that for every case of injury resulting 
 in death or permanent total disability there shall be set apart out of the accident 
 fund the estimated present value of the monthly payments to whicli the workman 
 or his dependants are entitled, the total in, no case to exceed $4,000. 
 
 Mr. Sherman also takes strong grounds against the administration of the 
 act being committed to a Board appointed by the State, his view being that such 
 a Board will be influenced by partisan political considerations in practically all its 
 doings. I have no such fear. Whatever else may be doubtful as to the workings of 
 the act there is no doubt, I think, that the members of the Board appointed by the 
 Crown will impartially and according to .the best of their ability discharge the 
 iniportant duties which will devolve upon them in the event of the draft bill 
 becoming law. Whatever may be the experience of other countries the experience 
 of Canada does not justify the view which Mr. Sherman entertains. There are 
 now two Provincial Commissions appointed by the Crown discharging very im- 
 portant duties — the Ontario Eailway and Municipal Board and the Hydro-Electric 
 Power Commission — and one appointed by the Governor-General also discharging 
 very important duties — the Eailway Commission of Canada. Whatever criticisms 
 there may have been of the action of these Boards, no one, as far as I have heard, 
 has ever charged or even suggested that any member of them has been actuated 
 or influenced by partisan political considerations in any action that has been taken 
 by him and I know of no reason why the Board which is provided for by the 
 draft bill may not be expected to be as free from political partisanship as either 
 of the Boards I have mentioned. 
 
 I proceed no^r to state the general plan upon which the bill has been drafted. 
 The bill is divided into Parts. In Part I the liability of employers to contri- 
 bute to the accident fund or to pay the compensation individually is dealt with. 
 
PINAL REPORT OP THE COMMISSIONER. No. 53 
 
 The bill does not provide for making all employers liable to pay compensation, 
 but only those in the industries enumerated in schedules 1 and 2, and provision is 
 made for industries enumerated in schedule 2 being added to schedule 1 when- 
 ever the Board deems it expedient to add them. Schedule 1 includes all the 
 industries which it is proposed by the draft bill of the Canadian Manufacturers 
 Association to bring within the iscope of the act, except those enumerated in 
 schedule 2. 
 
 The inclusion of railways in schedule 1 was opposed by the three principal 
 steam railway companies and by some of the other railway companies, and I saw 
 no reason why their wishes should not be met if by meeting them the act would 
 not be rendered less beneficial to the employees and no injustice would be done 
 to the employers in the industries included in the schedule. The draft bill has 
 been framed so as, in my opinion, to work no injustice to anyone and not less 
 beneficially to the employees owing to railways being excluded from the schedule. 
 
 The only difference between the operation of the act as to industries in 
 schedule 1 and those in schedule 3 is that employers in the former contribute to 
 the accident fund and in that way pay collectively the compensation, while em- 
 ployers in the latter do not contribute to the accident fund but are liable individ- 
 ually for the compensation payable to their employees. In other respects the 
 operation of the act is the same in both cases. The Board determines the amount 
 of the compensation in both cases and its orders when filed in a County or District 
 Court become orders of the court and may be enforced as judgments of it. 
 
 The reasons for adopting the collective system have practically no application 
 to railways, especially when, as has already been done in Ontario and will, I do 
 not doubt, be done when the Parliament of Canada meets, provision is made that 
 all sums payable for compensation shall form part of the working expenditure of 
 the railway company, which is a first charge upon its revenues. 
 
 It is manifest, I think, that schedule 1 should not include industries of 
 Municipal Corporations or Commissions, Public Utilities Commissions, Trustees 
 of Police Villages and School Boards, and they have therefore been included in 
 schedule 2. 
 
 Schedule 2 also includes the industries of telephone companies and navigation 
 companies. These industries, like those of railway companies, are exceptional in 
 their character, and the reasons for adopting the collective system have no appli- 
 cation to them. 
 
 In order that additional security may be afforded that the compensation to 
 which employees in the industries in schedule 2 and their dependants may become 
 entitled will be paid, provisions are embodied in the draft bill enabling the Board 
 to require an employer in any industry included in the schedule to commute the 
 weekly or other periodical payments of compensation, (sees. 27 and 28), and also 
 to insure his workmen and keep them insured against accidents in a company 
 approved of by the Board for such sum as the Board may direct. 
 
 If it had been practicable to do so without impairing the efficiency of the 
 collective system I should have preferred to include a larger number of industries 
 in schedule 2 in order that with the two systems working side by side experience 
 might demonstrate whether the collective system or that of individual liability 
 was preferable, but I have not been able to satisfy myself that the exclusion from 
 schedule 1 of any considerable number of the industries included in it would not 
 impair the eflBeiency of the collective system, and I have therefore excluded from 
 
1914 WORKMEN'S COMPENSATION COMMISSION. 9 
 
 it only the industries enumerated in schedule 2. Although but a small number 
 of industries are included in that schedule the operation of the two systems will 
 afford some evidence as to which is the better. 
 
 Another reason why it is not expedient to bring these omitted industries 
 within the scope of the act is that by doing so the initial work of the Board would 
 be very greatly augmented and the risk would be run that it would be so over- 
 burdened as praetieallj to paralyze its operations. It is, in my opinion, much 
 better that if these industries are to be brought in that should be done later on. 
 
 As what I have said has indicated, I have not thought it advisable at the 
 outset to bripg' within the scope of Part 1 all employments. The principal indus- 
 tries excluded are the farming, wholesale and retail establishments, and domestic 
 service. There is, I admit, no logical reason why, if any, all should not be in- 
 cluded, but I greatly doubt whether the state of public opinion is such as to justify 
 such a comprehensive scheme, and it is probable that When the question of bringing 
 these industries within the scope of the act has to be considered, it will be found 
 that provisions somewhat different from those which are applicable to the indus- 
 tries which it is proposed now to bring within it will be necessary. 
 
 I have however made provision for bringing any of these excluded industries 
 within the scope of Part I if and when the Board deems it proper to do so, and its 
 regulation or order bringing them in is approved by the Lieutenant-Governor in 
 Council. 
 
 The bill would, in my opinion, fail to do justice to a large body of em- 
 ployees who will not be entitled to compensation under Part I, if it did not 
 provide for a substantial modification of the common law as to the liability of the 
 employer to answer in damages to an employee who is injured owing to the 
 negligence of the employer or his servants. 
 
 According to the common law it is a term of the contract of service that the 
 servant takes upon himself the risks incidentfil to his employment (popularly called 
 the assumption of risk rule), and that this risk includes that of injury at the 
 hands of fellow-servants, (popularly called the doctrine of common employment). 
 The doctrine of common employment is an exception to the general rule that the 
 master is responsible for the acts of his servants when engaged in his work, and 
 has rightly, I think, often been declared unfair and inequitable. The reasoning 
 upon which the exception was justified in the celebrated case of Priestley v Fowler 
 does not commend itself to me as satisfactory, and' I doubt whether if the 
 question were to arise now for the first time the same conclusion would be reached. 
 The case was decided at a time when very different views as to the respective 
 rights and duties of employer and employed prevailed than are entertained at the 
 present day, and at a time not far removed from that in which there was upon the 
 Imperial statute 'book a law which made it a criminal offence punishable with 
 imprisonment for "journeymen manufacturers or others" to agree together for 
 obtaining an advance of the wages of themselves or of any one else, or for lessening 
 or altering their usual hours or time of working. 
 
 The unfairness of this doctrine has been recognized by the Imperial Parlia- 
 ment and by the Legislature of this Province in the enactment of employers' 
 - liability acts which have modified it but to a very limited extent. 
 
 In referring to the legislation of this Province my reference is to the act 
 called the Workmen's Compensation for Injuries Act, which is erroneously so 
 styled, for it is j-eally an employers' liability act. 
 
10 FIXAL EEPOET OF THE COMMISSIOXEE. Xo. 53 
 
 In my opinion there is no reason why this objectionable doctrine should not, 
 as one of the provisions of Part II of the draft bill provides, be entirely abrogated. 
 
 The draft bill also provides for the abrogation of the assumption of risk rule. 
 
 The rule is based upon the assumption that the wages which a workman 
 receives include compensation for the risks incidental to his employment which he 
 has to run. That is, in my judgment, a fallacy resting upon the erroneous assump- 
 tion that the workman is free to work or not to work as he pleases and therefore 
 to fix the wages for which he will work, and that in fixing them he will take into 
 account the risk of being killed or injured which is incidental to the employment 
 in which he engages. 
 
 Another rule of the common law is unfair to the workman. Although the 
 employer has been guilty of negligence, if the workman has been guilty of what 
 is called contributory negligence and his injury was occasioned by their joint 
 negligence the employer is not liable. The injustice of this rule consists in this, 
 that though the employer may have been guilty of the grossest negligence, if 
 the workman has been guilty of contributory negligence, however slight it may 
 have been,l and his injury was occasioned by the joint negligence, the employer 
 is not liable. 
 
 It is proposed by the draft bill to substitute for this rule that of comparative 
 negligence as it is called, and provide that contributory negligence shall not be 
 a bar to recovery by the workman or his dependants but shall be taken into 
 account in the assessment of damages. 
 
 That in making these recommendations I am not advancing any novel proposi- 
 tion is shown by the fact that what I propose should be done in this Province 
 has already been done in some of the States of the neighbouring Sepublic, and 
 that the rules .which it is proposed to abrogate or modify no longer meet the 
 requirements of modern industrial conditions and are unjust as applied to the 
 complex relations of master and servant as now existing, and to the use of com- 
 plicated machinery and the great and dangerous forces of steam and electricity 
 of to-day is the generally accepted view, and was the unanimous opinion of the 
 Employers' Liability and Workmen's Compensation Commission of the United 
 States (Report of Commission, Vol. I, pages 1,213 and 1,314). 
 
 Having outlined the provisions of the draft bill I have submiirted to Your 
 Honour and stated my reasons for recommending their adoption I proceed to a 
 consideration of those provisions of the draft bill submitted on behalf of the 
 Canadian Manufacturers Association and which, I assume, embodies its views as 
 to the form which a proper compensation law should take, which differ from 
 those of my draft bill, omitting such of the points of difference as I have already 
 discussed. 
 
 The compulsory provisions of the draft bill of the Association apply only to 
 industries in which three or more persons are regularly employed, but the option 
 is given to employers in industries in which less than three persons are employed 
 to come under the provisions of the act. The application of the act is not so 
 limited in my draft bill, but provision is made (sec. I'S) that the Board may 
 withdraw or exclude from a class industries in which not more than a stated 
 number of workmen are employed, and that an employer in any industry so with- 
 drawn or excluded may nevertheless elect to become a member of the class to 
 which but for the withdrawal or exclusion he would have belonged. 
 
 In my opinion it is most undesirable that there should be any such limitation 
 of the application of the act as the Association proposes. As I have already pointed 
 out, it is to industries in which a small num'ber of workmen are employed that 
 
1914 WOEKlMBN'S C0MPEXSATI02v^ COMMISSIOX. 11 
 
 the provisions of such an act are peculiarly applicable- — as to the small employer, 
 to prevent his being ruined as the result of an accident in his establishment, and as 
 to his workman to insure that he will be compensated if he meets with an accident. 
 
 I am very doubtful whether it is desirable to adopt the provisions of seotion 
 73 of my draft bill. My object in introducing them was to make easier the wor^ 
 of the Board at the outset, and not with any idea that the power would be 
 exercised except as a temporary expedient to lessen the work of the Board in the 
 early stages of the administration of the act. 
 
 The proposition advanced on behalf of the Association in the early stages of 
 my enquiry, that employees should 'be required to contribute to the accident fund, 
 has apparently been abandoned, as I do not find in its draft bill any provision of 
 that kind. I find in it, however, a provision (sec. 43) that the Board, if satisfied 
 that in any employment the workmen are " desirous of an increase in the scale of 
 compensation and are willing to pay the necessary increase in premiums, may by 
 order sanction any such increased scale and may provide the method of collecting 
 the increase in the premiums from the workmen in such employment." 
 
 In my opinion it is not desirable to complicate the act by the introduction 
 of any such provision. It would not, I think, be talien advantage of by workmen, 
 and it is difficult for me to understand exactly what it means. Is it intended 
 that it shall be applicable to a single establishment or only to a class? Are the 
 workmen to be unanimous, or can the power which the section confers be exercised 
 if a majority of them desires an increase in the scale of compensation on the 
 prescribed condition? If the workmen must be unanimous, the section, I have 
 no doubt, will be a dead letter. If it is intended that a majority shall suffice, the 
 provision is, in my judgment, highly objectionable. Sub-section 2 of the section 
 seems to be inconsistent with sub-section 1 or incomplete, in not providing that 
 if the employer pays the increased premium he may deduct it from the wages 
 of the workmen. 
 
 The mode in which the assessments are to be collected proposed by the 
 Association diilers somewhat from that provided for by my draft bill. The mode 
 which I provide for is, I think, the simpler. 
 
 I do not like the term "premiufti" which is used in the Association's draft 
 bill to designate the rate at which the employer is to be assessed. I prefer the 
 terminology which I have used. What is levied by the Board is not a premium 
 but an assessment. 
 
 The draft bill of the Association has but one schedule of industries to all of 
 which the act applies, and it makes no provision for abrogating or modifying th© 
 rules of the common law as to employers who are not within the scope of the act. 
 How my draft bill differs from this will be apparent from what I have said in 
 dealing with the general plan -upon which it has been drafted. 
 
 By my draft bill (sec. 60) the Board is given exclusive jurisdiction as to all 
 matters and questions arising under Part I, and subject to its power to rescind, 
 alter or amend any of its decisions or orders, its action or decision is final and is 
 not subject to appeal. 
 
 It is difficult to understand from the Association's draft bill what the juris- 
 diction of the Board is intended to be. Section 21 provides that the Board shall 
 have jurisdiction to enquire into, hear and determine all matters and questions of 
 fact and law necessary to be determined in connection with compensation payments 
 and the administration thereof and the collection and management of the funds 
 thereof. 
 
l:^ FINAL EEPORT OF THE COMMISSIONER^ J^'o- 53 
 
 This language would confer on the Board a rather limited jurisdiction and 
 probably, judging from the provisions of section 32, less than the draftsman 
 intended it should have. The decisions and findings of the Board upon questions 
 of fact are made final and conclusive, but on questions of la«- an appeal is allowed. 
 
 In my opinion it is most undesirable that there should be the appeal for 
 which the draft bill provides. A compensation law should, in my opinion, render 
 it impossible for a wealthy employer to harass an employee by compelling him to 
 litigate his claim in a court of law after he has established it to the satisfaction of 
 a Board such as that which is to be constituted, and which will be probably quite as 
 competent to reach a proper conclusion as to the matters involved, whether of fact 
 or law, as a court of law. 
 
 I may point out that section 33, which allows an appeal from the decision of 
 the Board on "questions of law," appears to be inconsistent with section 23, 
 for in the determination of the questions enumerated in that section which are to 
 be deemed questions of fact it may be necessary to decide questions of law, and 
 I confess that I do not quite understand what kind of questions, if those enum- 
 erated in section 23 are eliminated, it is intended to make appealable. 
 
 In a note to section 23 it is stated that " it is submitted that it would not be 
 wise to entirely shut out appeals and place in the hands of the Board the sole 
 right to interpret the act ... . and the right to define its own jurisdiction." 
 ^Vhat danger is to be apprehended from conferring these rights I do not under- 
 stand, nor do I see what questions as to the construction of the act are likely to 
 arise other than those enumerated in section 23. 
 
 In my judgment the furthest the Legislature should go in allowing the inter- 
 vention of the courts should be to provide that the Lieutenant-Governor in Council 
 may state a case for the opinion of a Divisional Court of the Appellate Division 
 of the Supreme Court of Ontario, if any question of law of general importance 
 arises and he deems it expedient it should be settled by a decision of a Divisional 
 Court. Although I say this my judgment is against the introduction of any such 
 provision, as it is probable that if any form of appeal to an appellate court is 
 allowed, a defeated litigant will have the right to take his case to the Judicial 
 Committee of His Majesty's Privy Council. 
 
 Section 10 of my draft bill, which deals with the case of sub-contractors and 
 is applicable only to industries mentioned in schedule 3, is taken from the British 
 Compensation Act. As the Association's draft bill does not provide for individual 
 liability in any case, no provision corresponding to section 10 is found in it. 
 
 Sections 66, 67, and 68 of the Association's draft ibill deal with the case of 
 sub-contractors. They are, in my opinion, unnecessary and undesirable. 
 
 The draft bill of the Association is made to apply to the Crown. My draft 
 bill is not. Apart from the question of the jurisdiction of a Provincial Legis- 
 lature to affect the Crown as represented by the Dominion, it is in my opinion 
 inexpedient that the act should apply to the Crown. It would be quite anomalous 
 to group the Crown in respect of road-making, for instance, vidth other road- 
 makers, and to make assessments upon the Crown as in tlie case of private persons. 
 
 I have no doubt that in case of injury to an employee of the Crown, for which 
 if his employer were a private person he would be entitled to compensation, 
 the Crown would make the like compensation to him and avail itself of the services 
 of the Board for the determination of the amount and nature of the compensation. 
 
 The Association's draft bill (sec. 4) disentitles the workman and his depend- 
 ants to compensation if his injury was, in the opinion of the Board, intentionally v 
 
1914 WORKMEN'S COMPENSATION COMMISSION. 13 
 
 I : 
 
 caused by the workman, or was due wholly or principally to in toxica tion or serioug" 
 and wilful misconduct on the part of the workman. My draft bill provides that 
 compensation shall not be payable where the injury is attributable solely to the 
 serious and wilful misconduct of the workman unless the injury results in death 
 or serious disablement. 
 
 The provisions of section 4 of the Association's bill are, in my opinion, 
 objectionable. There is no need for the provision as to intentional injury as an 
 injury purposely caused to himself by a workman is not an accident, and com- 
 pensation is payajble only in cases of accident and industrial diseases. In addition 
 to this the definition of " accident " in the interpretation section of my draft bill 
 (sec. 2) makes this abundantly clear; nor is there any reason for introducing a 
 reference to intoxication, the provision as to serious and wilful misconduct being 
 sufficient to cover any case in which drunkenness ought to bar the right to com- 
 pensation. Section 4 applies whatever may be the result of the injury. The 
 corresponding provision of my draft bill, following the British Compensation Act, 
 does not apply where the injury results in death or serious disablement. , ^ 
 
 By my draft bill, following in this respect the British act,, industrial diseases 
 are put on the same footing as to the right of compensation as accidents. The 
 Association's bill applies only to accidents. The diseases to which the act is -to 
 be made applicable are six in number and are enumerated in schedule 3 to my 
 draft bill, but power is given to the Board bj* its regulations to add to the schedule. 
 It would, in my opinion, be a blot on the act if a workman who suffers from an 
 industrial disease contracted in the course of his employment is not to be entitled 
 to compensation. The risk of contracting disease is inherent in the occupation he 
 follows and he is practically powerless to guard against it. A workman may to 
 some extent guard against accidents, and it would seem not only illogical but 
 unreasonable to compensate him in the one ease and to deny him the right to 
 compensation in the other. ■_ 
 
 The last point of difference between the two draft bills to which I shall make 
 any detailed reference is that as to the scale of compensation. 
 
 The scale of compensation proposed by the Association is in my opinion based 
 upon a wrong principle and will not afford reasonable compensation to the injured 
 workman and his dependants; and indeed I doubt whether, if it were adopted, the 
 workingmen would upon the whole be in a much better position than they would 
 be in without the act, especially if the changes in the common law which I recom- 
 mend are made. 
 
 A just compensation law based upon a division between the employer and the 
 workman of the loss occasioned by industrial accidents ought to provide that the 
 compensation should continue to be paid as long as the disability' caused by the 
 accident lasts, and the amount of compensation should have relation to the earning 
 power of the injured workman. 
 
 To limit the period during which the compensation is to be paid regardless 
 of the duration of the disability, as is done by the laws of some countries, is, in 
 my opinion, not only inconsistent with the principle upon which a true com- 
 pensation law is based, but unjust to the injured workman for the reason that if 
 the disability continues beyond the prescribed period he will be left with his 
 impaired earning power or, if he is totally disabled without any earning power 
 at a time when his need of receiving compensation will presumably be greater than 
 at the time he was injured, to become a burden upon his relatives or friends or 
 upon the community. 
 
14 FINAL REPORT OF THE COMMISSIONER. Xo. 53 
 
 i _ ; 
 
 A uniform rate of compensation which has no relation to the earning power 
 of the workman, except as the Association's bill provides, for the purpose of 
 reducing the rate of 50 per cent, of his wages is, in my opinion, also incon • 
 sistent with the principle upon which a just compensation law is based, and un- 
 fair, and a most undesirable mode of fixing the amount of compensation. 
 
 Not only is the scale of compensation proposed by the. Association open to 
 these objections, but the amount of the compensation is so small that only the lowest 
 paid workman would be compensated to the extent of 50 per cent, of the loss of 
 his earning power. 
 
 The case of an unmarried locomotive engineer earning $150 a month, not an 
 unusual wage for the engineer of a passenger train, may be taken to illustrate the 
 effect of the Association's proposition. All that he would be entitled to if perm- 
 anent disability resulted from his injury would be $30 a month, or less than 
 14 per cent, of the loss of his earning power, except in the rare case of his 
 being rendered completely helpless and requiring constant personal attendance, 
 and in that case his compensation would be double that amount. 
 
 There are other provisions which in my judgment are still more objectionable. 
 The limitation to $1,500 of the amount of compensation in case of permanent 
 partial disability is, I think, unreasonable, as is manifest from the illustration 
 just given. 
 
 The payment of lump sums is contrary to the principle upon which com- 
 pensation acts are based and is calculated to defeat one of the main purposes of 
 such laws — the prevention of the injured workman becoming a burden on his 
 relatives or friends or on the community — and has been generally deprecated by 
 judges in working out the provisions of the British act, and was condemned by the 
 Association itself in the memorandum which it submitted, and which appears in the 
 appendix to my first interim report (pp. 67-69). 
 
 The proposition that the maximum compensation in case of the loss of a 
 major arm shall be $1,500 besides being open to the objection I have just men- 
 tioned would be most unfair in the case of a labourer, to say nothing of the 
 skilled artisan. 
 
 A more unjust and, as it appears to me, extraordinary proposition is that 
 contained in clause (c) of section 31, which provides that in the case of temporary 
 disability no compensation shall be payable unless it results " in the diminution of 
 daily earnings to the extent of at least fifty per cent " ; and as far as I am aware, 
 and as I should expect, there is no precedent for it in the legislation of any 
 country. As far as I have been able to ascertain, the furthest that* any country 
 has gone in that direction ds to provide, as do the Washington act (s. 5, clause d) 
 and the* law of Norway of July 23rd, 1894, amended by acts of December 33rd, 
 1899, and June 13th, '1906 (art. 4, par. 3b), that no compensation shall be pay- 
 able unless the 'oss of earning exceeds five per cent. In my opinion there is 
 no justification for any such exception even if it is limited as in the Washington 
 and Norway laws. - ' 
 
 The scale of compensation which I propose was strongly objected to by the 
 Association as being unfair to the manufacturer, and as imposing upon him a 
 burden that would handicap him in his competition with the manufacturers of 
 the other Provinces and of other countries, and would tend to divert manufactur- 
 ing from this Province to other Provinces in which less onerous laws are in force. 
 It was also urged that the scale of compensation is higher than that of any other 
 country. The last objection, if a valid one, means that there can be no progress 
 
1914 WORKMEN'S COMPENSATIOISr COMMISSIOA'. 15 
 
 beyond the point which has now been reached by the country which has provided 
 the highest scale of compensation, for if the objection is valid as to the proposed 
 legislation it would be an equally valid objection to any increase in the compen- 
 sation proposed for the country which now provides for the highest scale. The 
 question, in my opinion, is not what other countries have done, but what does 
 justice demand should be done. I have no fear that if the bill should become law 
 it will handicap the manufacturers of this Province as the Association appears to' 
 think that it will, or that it will divert manufacturing from the Province. There 
 has been in force for some years in tlie adjoining Province of Quebec a compen- 
 sation law which imposes upon employers greater burdens than they are subjected 
 to by the law of this Province, and yet it has not been suggested that any subh 
 results as are prophesied by the Association have followed from the enactment of 
 the Quebec law. 
 
 In order that it may be seen whether the division of the burden between the 
 employer and workman is unfair, it may be well to point out how it will be 
 divided under the provisions of the proposed law. The workman will bear (1) 
 the loss of all his wages for seven days if his disability does not last longer than 
 that, (2) the pain and suffering consequent upon his injury, (3) his outlay for 
 medical or surgical treatment, nursing and other necessaries, (4) the loss of 
 45 per cent, of his wages while his disability lasts; and if his injury results in his 
 being maimed or disfigured he must go through life bearing that burden also, while 
 all that the employer will bear will be ihe payment of 55 per cent, of the injured 
 workman's wages while the disability lasts. 
 
 The burden which the workman is required to bear he cannot shift upon the 
 shoulders of any one else, but the employer may and no doubt will shift his burden 
 upon the shoulders of the community, or if he has any difficulty in doing that 
 will by reducing the wages of his workinen compel them to bear part of it. 
 
 It is contended that it is unfair to require the employer to pay compensation 
 during the lifetime of the workman because in many cases it will mean that the 
 workman will receive compensation for a period during which if he had not been 
 injured he would have been unable to earn wages. No doubt that will be the 
 result in some cases, but on the other hand the workman loses any advantage he 
 would have derived had he not been injured from an increase in his wages owing 
 to an improvement in his position, or to an increase of his earning power, or to 
 a rise in wages from any other cause because, except in the one case of a workman 
 who is under the age of twenty-one years when injured, the compensation is based 
 on the wages the workman was earning at the time of his injury." 
 
 It must also be borne in mind that the workman is required, as the price of 
 the compensation he is to receive, to silrrender his right to dsamages under the 
 common law, if his injury happens under circumstances entitling him by the 
 common law to recover or, if he would be entitled to recover only under the 
 Workmen's Compensation for Injuries Act, his right to the like damages as he 
 would be entitled to at common law limited, however, to an amount not exceeding 
 three years' -wages or $1,500, whichever is the larger sum. 
 
 According to the testimony of Mr. Wolfe (page 141), and there is no reason 
 to doubt the accuracy of his statement, in Germany no less than 84 per cent, of 
 the accidents incapacitate the workmen for less than fourteen weeks. 
 
 The nineteenth report of the Minister of Labour of Prance shows that the 
 niimber of declared accidents in that country in the year 1910, after deducting 
 those which occasioned an incapacity of four days or less, and omitting those 
 
16 FINAL REPORT OF THE CO MMISSIONER. No- 53 
 
 which happened in mines, mining and quarries, was 413,278, and that of these 
 1,650, or a little more than one third of one per cent., were fatal; 5,453, or about 
 one and one third per cent., resulted in permanent disability, and 399,769, or 
 about 97 per cent., resulted in temporary incapacity lasting for more than four 
 days, and that in the remaining 5,407 cases, or about one and one third per cent, the 
 results of the accidents were unknown. 
 
 In Great Britain the duration of disability in the cases terminating in 1908 
 was as follows: 
 
 Less than two weeks H"-^ P^^ ^^^^• 
 
 From two to three weeks 37.3 per cent. 
 
 From three to four weeks 18.4 per cent. 
 
 From four to thirteen weeks 37.7 per cent. 
 
 From thirteen to twenty-six weeks 4.1 per cent. 
 
 Over twenty-six weeks 1.3 per cent. 
 
 (34th Annual Report of the United States Commissioner of Labour, Vol. II, 
 pp. 1,535-6). 
 
 Similar statistics for Ontario are not available, but it may, I think, fairly 
 be assumed that the great bulk of the accidents for which compensation would 
 be payable under the proposed law will incapacitate the workman for short 
 periods — 84 per cent, probably for less than fourteen weeks — and that the fatal 
 accidents and thoise causing permanent disability, total and partial, will be 
 comparatively few. If this assumption is warranted there would appear to be 
 not only no reasonable ground for the apprehension of the Association that the 
 employers will be unduly burdened with payments for compensation continuing 
 during the lives of permanently injured workmen, but it is certain that under 
 the proposed law as to the vast majority of accidents in every case in which 
 there could be recovery at common law or under the Workmen's Compensation 
 for Injuries Act, the workman will be worse off than he is at present, and his 
 loss will be a direct gain to the employer, amounting annually to a very large sum. 
 
 My conclusion is that for all these reasons there is no valid ground for the 
 objections of the Association to the scale of compensation which I have proposed. 
 
 I have, however, upon further consideration come to the conclusion that as 
 the purpose of the proposed law is to protect the wage earner there is no reason 
 why highly paid managers and superintendents of establishments, to which Part I 
 is applicable, should be entitled to compensation out of the accident fund to an 
 - amount greater than the highest paid wage earner would be entitled to receive, 
 and I therefore recommend that the draft bill be amended by adding the follow- 
 ing to sub-section 1 of section 39 : 
 
 "But not so as to exceed in any case the rate of $2,000 per annum." 
 If no such limit' is prescribed the result would be that the small employer, 
 in the case of an accident happening in another establishment to a highly paid 
 official, would be unduly burdened. I propose $3,000 as the limit because that 
 sum is probably the maximum amount earned in a year by the highest paid 
 wage earner. 
 
 The only remaining provision of the draft bill to which I shall refer is section 
 68, which provides for a contribution by the Province to assist in defraying the 
 expenses incurred in the administration of the act. I have not ventured to sug- 
 
1914 WOEKMBN'S COMPENSATION COMMISSION. 17 
 
 gest what- this contribution should be but, in my judgment, it should be a sub- 
 stantial one. The effect of the proposed law will be to relieve the community 
 from the burden of maintaining injured workmen and their dependants in cases 
 in which under the operation of the existing law they are without remedy, and by 
 the transfer from the courts to the Board of the determination of claims for com- 
 pensation, which will lessen very much the cost of the administration of justice. 
 
 There is one matter which should be provided for for which provision has 
 not been made in my draft bill. No provision is made for contribution by employers 
 in the industries mentioned in schedule 2 towards defraying the cost of adminis- 
 tration. This was an oversight, and I recommend that a section be added to the 
 bill providing that "the employers in industries for the time being embraced in 
 schedule 2 shall pay the Board such proportion of the expenses of the Board in 
 the administration of this part as the Board may deem just and determine, and 
 the sum payable by them shall be apportioned between such employers and assessed 
 and levied upon them in like manner as in the case of assessments for contributions 
 to the accident fund, and all the provisions of this part as to assessments shall apply 
 mutatis mutandis to assessments made under the authority of this section." 
 
 It is the purpose of my draft bill to empower the Board in determining the 
 proportions of the contributions to be made to the accident fund by employers to 
 have regard to the hazard of each industry, and to fix the proportions of the 
 assessments to be borne by the employer accordingly, and not to require that the 
 proportions for each class or sub-class should be uniform; and also to permit the 
 Board, if in its opinion the character of any class of industry justifies that being 
 done, to require a larger contribution to the reserve fund by the employers in any 
 such class than is required from employers in other classes. 
 
 The bill as drafted will, I think, accomplish this purpose, but if any doubt 
 IS entertained as to it, the bill can be amended by the addition of a section ex- 
 pressly so declaring. 
 
 I may be permitted to say, in conclusion, as the United States Commissioners 
 said with reference to the bill drafted by them, that I submit the proposed law 
 "not believing that it is the most perfect measure which could be devised nor the 
 last word which can be said upon the subject, but as the result of careful investi- 
 gation and the best thought of the Commission and as constituting at least a step 
 in the direction of a just, reasonable, and practicable solution of the problem with 
 which it deals." , 
 
 1 regret that some of its provisions do not commend themselves to the judg- 
 ment of the Canadian Manufacturers Association, and on that account I have, 
 since my last interim report, again carefully and anxiously considered those which 
 are objected to and the objections that are urged against them, as well as the pro- 
 visions of the Association's alternative proposition, but have seen no reason for 
 doubting the correctness of the conclusion to which I had come, the results of 
 which are embodied in the draft bill. 
 
 In these days of social and industrial unrest it is, in my judgment, of the 
 gravest importance to the community that every proved injustice to any section 
 or class resulting from bad or unfair laws should be promptly removed by the 
 enactment of remedial legislation and I do not doubt that the country whose 
 Legislature is quick to discern and prompt to remove injustice will enjoy, and 
 that deservedly, the blessing of industrial peace and freedom from social unrest. 
 Half measures which mitigate but do not remove injustice are, in my judgment, 
 to be avoided. That the existing law inflicts injustice on the workingman is 
 
 2 w. 
 
18 FINAL REPORT OF THE COMMISSIONER. No. 53 
 
 admitted by all. From that injustice he has long suffered, and it would, in my 
 judgment, be the gravest mistake if questions as to the scope and character of the 
 proposed remedial legislation were to be determined, not by a consideration of what 
 is just to the workingman, but of what is the least he can be put off with; or if 
 the Legislature were to be deterred from passing a law designed to do full justice 
 owing to groundless fears that disaster to the industries of the Province would 
 follow from the enactment of it. 
 
 All of which is respectfully submitted. 
 
 W. E. Meredith, 
 Commissioner. 
 
 Dated at Osgoode Hall, Toronto, 
 
 the 31st day of October, 1913. 
 
SECOND INTERIM REPORT ON 
 
 Laws Relating to the 
 Liability of Employers 
 
 WITH DRAFT OF 
 
 An Act to provide for Compensation to Work- 
 men for Injuries sustained and Industrial 
 Diseases contracted in the course of their 
 employment. 
 
 By 
 
 THE HON. SIR WILLIAM RALPH MEREDITH, C.J.O., 
 
 COMMISSIONER. 
 
 PRINTED BY ORDER OF 
 
 THE LEGISLATIVE ASSEMBLY OF ONTARIO 
 
 TORONTO : 
 Printed and Published by L. K. CAMERON, Printer to the King's Most Excellent Majesty 
 
 1913. 
 
To the Honourable 
 
 Sir John Mokison Gibsobt, K.C.M.G., 
 
 Lieutenant-Governor of the Province of Ontario^ etc., etc., etc. 
 
 The undersigned has the honour to submit a further interim 
 report on the subject of compensation to workmen for injuries 
 sustained in the course of their employment. 
 
 The undersigned has carefully considered the matters into 
 which he was by Your Honour's Commission appointed to 
 inquire, and has embodied his conclusions in a draft Bill which 
 is submitted herewith. 
 
 The blanks for the percentage of wages which appear in the 
 draft Bill should In the opinion of the undersigned be filled in 
 with the figures 55. 
 
 The undersigned has not yet been able to prepare his final 
 report, but hopes to transmit it with the documentary and other 
 evidence taken and a statement of his reasons for the con- 
 clusions at which he has arrived, during the present month. 
 
 All of which is respectfully submitted, 
 
 W. E. MEREDITH, 
 
 Commissioner. 
 
 OsGOODE Hall, 
 
 ToHONTO, April 1st, 1913. 
 
 [21] 
 
BILL 
 
 An Act to provide for Compensation to Work- 
 men for Injuries sustained and Industrial 
 Diseases contracted in the course of their 
 employment. 
 
 HIS MAJESTY, by and with the advice and consent of 
 the Legislative Assemhly of the Province of Ontario, 
 enacts as follows: — 
 
 PEELIMIIirAET. 
 
 1 This Act may be cited as The Workmen's Compensa- short title. 
 Hon Act. 
 
 2. — (1) In this Act: — Interpreta- 
 
 ^ ' tion 
 
 (a) " Accident" shall include a wilful and an inten- "Accident." 
 tional act, not being the act of the workman and 
 a fortuitous event occasioned by a physical or 
 natural cause; 
 
 (6) " Accident Fund " shall mean the fund provided i'u^d/?*"* 
 for the payment of compensation under this 
 Act; 
 
 (c) " Board " shall mean Workmen's Compensation "Board." 
 
 Board ; 
 
 (d) " Construction " shall include re-construction, re- "Construc- 
 
 pair, alteration and demolition; 
 
 (e) " Dependants " shall mean such of the members of a^t?""**' 
 
 the family of a workman as were wholly or partly 
 dependent upon his earnings at the time of his 
 death or who but for the incapacity due to the 
 accident would have been so dependent ; 
 
 23 
 
24 
 
 SECOND INTEEIM REPORT OP THE 
 
 No. 53 
 
 "Employer." (^^ u Employer " shall include every person having in 
 
 his service under a contract of hiring or appren- 
 ticeship, written or oral, express or implied, any 
 person engaged in any work in or ahout any 
 estahlishment, undertaking, business or employ- 
 ment, and where the services of a workman are 
 temporarily let or hired to another person by the 
 person with whom the workman has entered into 
 such a contract the latter shall be deemed to 
 continue to be the employer of the workman 
 whilst he is working for that other person ; 
 
 (gr) " Employment " shall include employment in any 
 part, branch or department of an establishment, 
 undertaking or business; 
 
 (A) " Industrial disease " shall mean any of the di- 
 seases mentioned in Schedule 3, and any other 
 disease which by the Eegulations is declared to 
 be an industrial disease; 
 
 "Industry." (i) " Industry " shall include establishment, undertak- 
 
 ing, trade and business ; 
 
 "Employ- 
 ment." 
 
 "Industrial 
 disease." 
 
 "Invalid." 
 
 (/) " Invalid " shall mean physically or mentally in- 
 capable of earning; 
 
 "Manufac- 
 turing." 
 
 {h) " Manufacturing " shall include making, prepar- 
 ing, altering, repairing, ornamenting, printing, 
 finishing, packing, assembling the parts of and 
 adapting for use or sale any article or com- 
 modity ; 
 
 "Medical 
 referee." 
 
 "Member 
 of the 
 family." 
 
 (Z) " Medical Eeferee " shall mean medical referee ap- 
 pointed by the Board; 
 
 (m) " Member of the Family " shall mean and include 
 wife, husband, father, mother, grandfather, 
 grandmother, stepfather, stepmother, son, daugh- 
 ter, grandson, granddaughter, stepson, step- 
 daughter, brother, sister, half-brother and half- 
 sister, and a person standing in loco parentis to 
 the workman, whether related to him by con- 
 sanguinity or not so related, and where the work- 
 man is the parent or grandparent of an ille- 
 gitimate child, shall include such child, and 
 where the workman is an illegitimate child shall 
 include his parents and grandparents; 
 
1914 WOEKMBN'S COMPENSATION COMMISSION. 35 
 
 (n) " Outworker " shall mean a person to whom ar- "Out- 
 . , . -, . 1 ^ worker. 
 
 tides or materials are given out to be made up, 
 cleaned, washed, altered, ornamented, finished, 
 repaired, or adapted for sale in his own home 
 or on other premises not under the control or 
 management of the person who gave out the ar- 
 ticles or materials ; 
 
 (o) " Regulations " shall mean regulations made by jj^^fV,^^' 
 the Board under the authority of this Act ; 
 
 (p) " Workman " shall include a person who has "Workman." 
 entered into or works under a contract of. ser- 
 vice or apprenticeship, written or oral, express 
 or implied, whether by way of manual labour, 
 clerical work, or otherwise, but shall not include 
 an out-worker. 
 
 (2) Words in the singular number interpreted by sub- tatfon'^of 
 section 1 shall have a .corresponding meaning when used in ^°^i\^ 
 
 the plural. number. 
 
 (3) The exercise and performance of the powers and ^"pora-'^' 
 
 tions, e 
 and sch 
 boards. 
 
 QUIies 01 . g^^j school 
 
 (a) a municipal corporation; 
 (&) a public utilities commission ; 
 
 (c) any other commission having the management and 
 
 conduct of any work or service owned by or oper- 
 ated for a municipal corporation ; 
 
 (d) the board of trustees of a police village ; and 
 
 (e) a school board, 
 
 shall for the purposes of this Act be deemed as the trade or 
 business of the corporation, commission, board of trustees or 
 school board. 
 
26 
 
 SECOND IXTEBIM EEPORT OP THE 
 
 Xo. 53 
 
 PAET I. 
 
 COMPENSATION. 
 
 Compensa- 
 tion to 
 workmen. 
 
 Exceptions. 
 
 Presump- 
 tions. 
 
 3._(1) Where in any employment, personal injury by 
 accident arising out of and in the course of the employment 
 is caused to a workman his employer shall be liable to pro- 
 vide or to pay compensation in the manner and to the extent 
 hereinafter mentioned except where the injury : — 
 
 (a) does not disable the workman for the period of at 
 least seven days from earning full wages at the 
 work at which he was employed; 
 
 (h) is attributable solely to the serious and wilful mis- 
 conduct of the workman unless the injury results 
 in death or serious disablement. 
 
 (2) Where the accident arose out ,of the employment, 
 unless the contrary is shown, it shall be presumed that it 
 occurred in the course of the employment, and where the 
 accident occurred in the course of the employment, unless 
 the contrary is shown, it shall be presumed that it arose out 
 of the employment. 
 
 Compensa- 
 tion to 
 date from 
 disability. 
 
 (3) Where compensation for disability is payable it 
 shall be computed and be payable from the date of the dis- 
 ability. 
 
 Section 
 not to 
 apply to 
 casual em- 
 ployment. 
 
 Employ- 
 ers Indi- 
 vidually 
 liable. 
 
 Employers 
 liable to 
 contri- 
 bute to 
 the acci- 
 dent 
 fund. 
 
 Accident 
 happening 
 out of 
 Ontario. 
 
 (4) This section shall not apply to a person whose employ- 
 jnent is of a casual nature and who is employed otherwise 
 than for the purposes of the employer's trade or business. 
 
 4.. Employers in the industries mentioned in Schedule 2 
 shall be liable individually to pay the compensation. 
 
 5. Employers in industries for the time being embraced in 
 Schedule 1, shall be liable to contribute to the accident fund 
 as hereinafter provided, but shall not be liable individually 
 to pay the compensation. 
 
 6. — (1) Where the place or chief place of business of an 
 employer is situate in Ontario and an accident happens while 
 the workman is employed elsewhere than in Ontario which 
 would entitle him or his dependants to compensation under 
 this Part if it had happened in Ontario the workman and his 
 dependants shall be entitled to compensation under this Part 
 if the usual place of employment of the workman is in On- 
 tario and his employment out of Ontario has lasted less than 
 six months. 
 
1914 WOEKMEN'S COMPENSATIO^t COMMISSION. 27 
 
 (2) Except as provided by subsection 1 no compensation 
 shall be payable under this Part where the accident to the 
 workman happens out of Ontario unless it happens on a 
 steamboat, ship or vessel, or on a railway, and the nature 
 of the employment is such that in the course of the work 
 or service which the workman performs it is required to be 
 performed both within and without Ontario. 
 
 7. — (1) Where by the law of the country or place in where com- 
 which the accident happens the workman or his dependants payable 
 are entitled to compensation in respect of it they shall be fore^ °' 
 bound within three months after the happening of the acci- workman 
 dent or in case it results in death within three months after *° ®'®°*- 
 the death to elect whether they will claim compensation 
 under the law of such country or place or under this Part 
 and to give notice of such election, and if such election is 
 not made and notice given it shall be presiimed that they 
 have elected not to claim compensation under this Part. 
 
 (2) !N'otice of the election, where' the compensation under How 
 this Part is payable by the employer individually, shall be to be 
 given to the employer, and where the compensation is pay- ™^''®- 
 able out of the accident fund to the Board and shall be 
 given in both cases within three months after the happening 
 of the accident. 
 
 8. — (1) Where a dependant is not a resident of Ontario ?ot'?esiderft 
 he shall not be entitled to compensation unless by the law *" Ontario, 
 of the place or country in which he resides the dependants 
 of a workman to whom an accident Tiappens in such place 
 or country if resident in Ontario would be entitled to com- 
 pensation and where such dependants would be entitled to 
 compensation under such law the compensation to which the 
 non-resident dependant shall be entitled under this Part shall 
 not be greater than the compensation payable in the like 
 case under that law. 
 
 (2) IN'otwithstanding the provisions of subsection 1 the Exception. 
 Board may make such allowance in lieu of compensation to 
 any such non-resident dependant as may be deemed proper 
 and may pay the same out of the accident fund. 
 
 9 — (1) Where an accident happens to a workman in the Where work- 
 course of his employment untler such circumstances as en- to^aomn'*** 
 title him or his dependants to an action against some person Ifrson' 
 other than his employer the workman or his dependants if employer," 
 entitled to compensation under this Part may claim such be brou^T 
 compensation or may bring such action. 
 
28 SECOND INTERIM EEPOET OF THE No. 53 
 
 entmed^to (2) If an action is brought and less is recovered and 
 be?weMi°^ collected than the amount of the compensation to which 
 compensa- the workman or his dependants are entitled under this Part 
 
 tion under it/v i ii-iii 
 
 Act and the difference between the amount recovered and collected 
 
 collected. and the amount of such compensation shall be payable as 
 
 compensation to such workman or his dependants. 
 
 Subrogation (3) If the workman or his dependants elect to claim 
 
 of employ- . . ,. , ^ , .,, ..,. 
 
 er or Compensation under this Jrart the employer, if he is mdi- 
 
 to°Hghtsof vi dually liable to pay it, and the Board if the compensation 
 workman, jg payable out of the accident fund shall be subrogated to 
 the rights of the workman or his dependants and may 
 maintain an action in his or their names against the per- 
 son against whom the action lies and any sum recovered from 
 him by the Board shall form part of the accident fund. 
 
 Ei'emion ^^^ '^^^ election shall be made and notice of it shall be 
 
 mad^ given vnthin the time and in the manner provided by sub- 
 
 section 2 of section 7. 
 
 tak^s? ^^—(1) Where the compensation is payable by the em- 
 
 ployer individually and a person, in this section referred to 
 as the principal, in the course of or, for the purposes of his 
 trade or business contracts with any other person, in this 
 section referred to as the contractor, for the execution by oj 
 under the contractor of the whole or any part of any work 
 undertaken by the principal, the principal shall be liable to 
 pay to any workman employed in the execution of the work 
 the compensation which he would have been liable to pay if 
 that workman had been immediately employed by him. 
 
 (2) Where compensation is claimed from the principal in 
 this Part reference to the principal shall be substituted for 
 reference to the employer, except that the amount of the 
 compensation shall be calculated with reference to the earn- 
 ings of the workman under the employer by whom he is 
 immediately employed. 
 
 (3) Where the principal is liable to pay compensation 
 under this section he shall be entitled to be indemnified by 
 any person who would have been liable to pay' compensation 
 to the workman independently of this section and all ques- 
 tions as to the right to and the amount of any such indemnity 
 shall be determined by the Board. 
 
 (4) N"othing in this section shall prevent a workman 
 claiming compensation under this Part from the contractor 
 instead of the principal. 
 
1914 WOEKMEN'S COMPENSATION COMMISSION. 29 
 
 (5) This section shall not apply where the accident hap' 
 pens elsewhere than on or in or about premises on which the 
 principal has undertaken to execute the work or which are 
 otherwise under his control or management. 
 
 11. Where compensation is payable out of the accident Member of 
 fund, a member of the family of an employer shall not employer 
 be entitled to compensation unless he was at the time of ^rkman.^ 
 the accident carried on the pay roll of the employer and his 
 
 wages were included in the then last statement furnished 
 to the Board under section 76 nor for the purpose of de- 
 termining the compensation shall his earnings be taken to 
 be more than the amount of his wages, as shown by such pay 
 roll and statement. 
 
 12. Where compensation is payable out of the accident Employer 
 fund an employer who is carried on his pay-roll at a salary plyrou enti- 
 or wages which the Board deems reasonable shall if such ^nsation"" 
 salary or wages were included in the then last statement 
 furnished to the Board under section 76 be deemed to be 
 
 a workman within the meaning of this Act and shall be 
 entitled to compensation accordingly, but for the purpose of 
 determining the compensation his earnings shall not be 
 taken to be more than the amount of his salary or wages as 
 shown by such pay roll and statement. 
 
 13. No action shall lie for the recovery of the compen- no action to 
 sation whether jit is payable by the employer individually \^ ?ecove^* 
 or out of the accident fund, but all claims for compensation ^jj^^^®"^^" 
 shall be heard and determined by the Board. 
 
 14. If a workman receiving a weekly or other periodical workman 
 payment ceases to reside in Ontario he shall not thereafter compensa- 
 be entitled to receive any such payment unless a medical ing'outljf " 
 referee certifies that the incapacity resulting from the injury 0"*3,rio. 
 IS likely to be of a permanent nature and if a medical referee 
 
 ■so certifies the workman shall be entitled quarterly to the 
 amount of the weekly or other periodical payment accruing 
 ■due if he proves in such manner as may be prescribed by 
 the Regulations his identity and the continuance of the in- 
 ■capacity in respect of which the same is payable. 
 
 15. The right to compensation provided for by this Part compensa- 
 ■shall be in lieu of all rights and rights of action, statutory in°iieu of 
 or otherwise, to which a workman or his dependants are arid^r*igh?s 
 •or may be entitled against the employer of such workman alatSst"" 
 for or by reason of any accident which happens to him while employer, 
 in the employment of such employer, and after the 
 
 •day of 191 , and no action in respect thereof 
 
 :shall thereafter lie. 
 
30 
 
 SECOND INTElilM EEPOET OF THE 
 
 .\o. 53 
 
 Right to 
 compensa- 
 tion may 
 not be 
 waived. 
 
 Agreement 
 as to 
 
 compensa- 
 tion not 
 valid 
 
 unless ap- 
 proved by 
 the 
 Board. 
 
 Exception. 
 
 16. It shall not be competent for a workman to agree 
 with his employer to waive or to forego any of the benefits 
 to which he or his dependants are or may become entitled 
 under this Part and every agreement to that end shall be 
 absolutely void. 
 
 17. — (1) Where the compensation is payable by an erQ- 
 ployer individually no agreement between a workman or 
 dependant and the employer for fixing the amount of the 
 compensation or by which the workman or dependant accepts 
 or agrees to accept a stipulated sum in lieu or in satisfaction 
 of it shall be binding on the workman or dependant unless it 
 is approved by the Board. 
 
 (2) Subsection 1 shall not apply to compensation for tem- 
 porary disability lasting for less than four weeks. 
 
 Deduction 
 not to 
 be made 
 from 
 wages. 
 
 18. — (1) It shall not be lawful for an employer, either 
 directly or indirectly, to deduct from the wages of any of 
 his workmen any part of any sum which the employer is or 
 may become liable to pay to' the workman as compensation 
 under this Part or to require or to permit any of his work- 
 men to contribute in any manner towards indemnifying the 
 employer against any liability which he has incurred or may 
 incur under this Part. 
 
 Penalty. 
 
 (2) Every person who contravenes any of the provisions 
 of subsection 1 shall for every such contravention incur a 
 penalty not exceeding $50 and shall also be liable to repay 
 to the workman any sum which has been so deducted from 
 his wages or which he has been required or permitted to pay 
 in contravention of subsection 1. 
 
 Compensa- 
 tion not 
 assignable 
 or liable to 
 attachment. 
 
 Notice of 
 accident to 
 be given. 
 
 19. Unless with the approval of the Board no sum pay- 
 able as compensation or by way of commutation of any 
 weekly or other periodical payment in respect of it shall be 
 capable of being assigned, charged or attached, nor shall 
 it pass by operation of law except to a personal representa- 
 tive nor shall any claim be set off against it. 
 
 20. — (1) Subject to subsection 5 compensation shall not 
 be payable unless notice of the accident is given as soon as 
 practicable after the happening of it and before the work- 
 man has voluntarily left the employment in which he was 
 injured and unless the claim for compensation is made with- 
 in six monthsfrom the happening of the accident or in case 
 of death within six months from the time of death. 
 
 Nature of 
 notice. 
 
 (2) The notice shall give the name and address of the 
 workman and shall be sufficient if it states in ordinary Ian- 
 
1914 WORKMEN'S COMPENSATIOX COMMISSION. 31 
 
 guage the cause of the injury and where the accident hap- 
 pened. 
 
 (3) The notice may be served by delivering it at or send- service of 
 ing it by registered post addressed to the place of business 
 
 or the residence of the employer, or where the employer is a 
 body of persons, corporate or unincorporate, by delivering 
 it at or sending it by registered post addressed to the em- 
 ployer at the office or if there are more offices than one at 
 any of the offices of such body of persons. 
 
 (4) "Where the compensation is payable out of the acci- 
 dent fund the notice shall also be given to the Board by 
 delivering it to or at the office of the Secretary or by sending 
 it to him by registered post addressed to his office. 
 
 (5) Failure to give the prescribe^ notice or any defect Failure to 
 or inaccuracy in a notice shall not bar the right to compen- feet 'in"^ no*-" 
 sation if in the opinion of the Board the employer was not aff|"t°r?ght 
 prejudiced thereby or where the compensation is payable pen^au'on 
 out of the accident fund if the Board is of opinion that the {," jgg''*^'" 
 claim for compensation is a just one an,d ought to be allowed. 
 
 31; — (1) A workman who claims compensation, or to workman to 
 whom compensation is payable under this Part shall if so Ixamlnat^on. 
 required by his employer submit himself for examination 
 by a duly qualified medical practitioner provided and paid 
 for by the employer and shall if so required by the Board 
 submit himself for examination by a medical referee. 
 
 (2) A workman shall not be required at the request of in accord- 
 his employer to submit himself for examination otherwise regulations. 
 than in accordance with the Regulations. 
 
 22, — (1) Where a workman has upon the request of V^f.'^^^^ °^ 
 his employer subm!itted himself for examination, or has between 
 been examined by a duly qualified medical practitioner aminers. 
 selected by himself, and a copy of the report of the medical |nce may^' 
 practitioner as to the workman's condition has been fur- ^eScii *" 
 nished in the former case by the employer to the workman referee, 
 and in the latter case by the workman to the employer the 
 Board may, on application of either of them, refer the matter 
 to a medical referee. 
 
 (2) The medical referee to whom a reference is made of mia'icai 
 under the next preceding subsection or who has examined fin^ai!** 
 the workman by the direction of the Board under subsection 
 1 of section 21, shall certify to the Board as to the condition 
 of the workman and his fitness for employment, specifying 
 
33 
 
 SECOND INTERIM EEPOET OF THE 
 
 No. 53 
 
 Failure to 
 submit to 
 examination 
 or obstruct- 
 ing It. 
 
 Review 
 of com- 
 pensation. 
 
 Increase 
 of com- 
 pensation 
 to workman 
 under 21. 
 
 where necessary the kind of employment and his certificate 
 shall be conclusive as to the matters certified. 
 
 (3) If a workman does not submit himself for examina- 
 tion when required to do so as provided by subsection 1 of 
 section 21, or on being required to do so does not submit 
 himself for examination to a medical referee under 
 that subsection or under subsection 1 of this section, 
 or in any way obstructs any examination, his right to com- • 
 pensation or if he is in receipt of a weekly or other- periodical 
 payment his right to it shall be suspended until such ex- 
 amination has taken place. 
 
 23. Any weekly or other periodical payment to a work- 
 man may be reviewed at the request of the employer or of 
 the workman, if the compensation is payable by the employer 
 individually, or, if the compensation is payable out of the 
 accident fund, of the Board's own motion or at the request 
 of the workman and on such review the Board may put an 
 end to or diminish or may increase such payment to a sum 
 not beyond the maximum hereinafter prescribed. 
 
 24. Where the workman was at the date of the accident 
 under twenty-one years of age and the review takes place 
 more than six months after the accident the amount of a 
 weekly payment may be increased to any sum not exceeding 
 
 per cent, of the weekly sum which if he had remained 
 uninjured he would probably have been earning at the date 
 of the review. 
 
 Commuta- 
 tion of 
 payments 
 for lump 
 
 sum. 
 
 Lump 
 sum to be 
 paid to 
 Board. 
 
 Applica- 
 tion of 
 lump 
 sum. 
 
 . 25.-— (1) Where the compensation is payable by an em- 
 ployer individually, the employer may, with the consent of 
 the workman or dependant to whom it is payable and with 
 the approval of the Board, but not otherwise, and where it 
 is payable out of the accident fund the Board may commute 
 the weekly or other periodical payments payable to a work- 
 man or a dependant for a lump sum. 
 
 (2) Where the lump sum is payable by the employer 
 individually it shall be paid to the Board. 
 
 (3) The lump sum may be: — 
 
 (a) applied in such manner as the workman or de- 
 pendant may direct; 
 
 (h) paid to the workman or dependant; 
 
 (c) invested by the Board and applied to meet the 
 future payments as they become due ; 
 
1914 WOEKMB'N'S COMPENSATION COMMISSION. 33 
 
 (d) paid to trustees to be used and employed upon and 
 
 subject to such trusts and for the benefit of such 
 persons as, in case it is payable by the employer 
 individually, the workman or dependant directs 
 and the Board approves, or, if payable out of 
 the accident fund, as may be desired by the 
 workman or dependant and approved by the 
 Board; 
 
 (e) applied partly in one and partly in another or 
 
 others of the modes- mentioned in clauses (a), 
 (6), (c) and (d), 
 
 as the Board may determine. 
 
 26. — (1) Where a weekly or other periodical payment commuta- 
 is payable by the employer individually and has been con- of"weekiy 
 tinned for not less than six months, the Board may on the Payments. 
 application of the employer allow the liability therefor, to be 
 commuted by the payment of a lump, sum of such an amount 
 as, if the incapacity is permanent, would purchase an im- 
 mediate annuity from a life insurance company approved 
 by the Board, equal to seventy-five per cent, of the annual 
 value of the weekly or other periodical payment, and in other 
 cases of such an amount as the Board may deem reasonable. 
 
 (2) The sum for which a payment may be commuted ^f'^ump'"" 
 under subsection 1, shall be paid to the Board and shall be s"™ 
 dealt with in the manner provided by section 25. 
 
 Insu.r3.Tics 
 
 27. — (1) Where an employer insured by a contract of company 
 
 T t rscniirfid to 
 
 insurance of an insurance company or any other underwriter commute 
 is individually liable to make a weekly or other periodical Sr^p'ther 
 payment to a workman or his dependants and the payment payment' 
 has continued for more than six months the liability shall, 
 if the Board so directs before the expiration of twelve 
 months from the commencement of the incapacity of the 
 workman or his death, if the accident resulted in death, be 
 commuted by the payment of a lump sum in accordance 
 with the next preceding section, and the company or under- 
 writer shall pay the lump sum to the Board, and it shall be 
 dealt with in the manner provided by section 25. 
 
 (2) This section shall not apply to a contract of insur- 
 ance entered into before the passing of this Act. 
 
 ... Board may 
 28. The Board may require an employer who is m- require 
 
 dividually liable to pay the compensation to pay to the to pay sum 
 
 Board a sum sufficient to commute m accordance with sec- to commute. 
 
 tion 26, any weekly or other periodical payments which are 
 
 3 w. 
 
34 
 
 SECOND INTEEIM BEPORT OF THE No^ 
 
 payable to the workman during his life or to his widow dur- 
 ing her widowhood and such sum shall be applied by the 
 Board in the payment of such weekly or other periodical 
 payments as they from time to time become payable, but 
 if the sum paid to the Board is insufficient to meet the 
 whole of such weekly or other periodical payments the em- 
 ployer shall nevertheless be liable to make such of them as 
 fall due after the sum paid to the Board is exhausted. 
 
 Board may 29. The Board may require an employer who is indi- 
 empioyer to vidually liable to pay the compensation to insure his work- 
 workmen, men and keep them insured against accidents in respect 
 of which he may become liable to pay compensation in a 
 > company approved by the Board for such amount as the 
 Board may direct and in default of his doing so the Board 
 may cause them to be so insured and may recoVer the ex- 
 pense incurred in so doing from the employer. 
 
 Where em- 
 ployer in- 
 sured Board 
 may require 
 Insurer to 
 pay amount 
 payable to 
 employer 
 directly to 
 injured 
 workman. 
 
 30. — (1) Where an employer who is individually liable 
 to pay the compensation is insured against his liability to 
 pay compensation, the Board may require the insurance 
 company or other underwriter to pay the sum which under 
 the contract of insurance such company or underwriter would 
 be liable to pay to the employer in respect of an accident to 
 a workman who becomes, or whose dependants become en- 
 titled to compensation under this Part, directly to the Board 
 in discharge or in discharge pro tanto of the compensation 
 to which such workman or his dependants are found to be 
 entitled. 
 
 Notice to 
 be given to 
 insurer. 
 
 (2) In any case to which subsection 1 applies where a 
 claim for compensation is made notice of the claim shall be 
 given to the insurance company or other underwriter and 
 to the employer and the Board shall determine not only the 
 question of the right of the workman or dependant to com- 
 pensation but also the question whether the whole or any 
 part of it should be paid directly by the insurance company 
 or other underwriter as provided by subsection 1. 
 
 to°appiy (^) Section 25 shall apply to the compensation payable 
 
 to tthe Board under subsection 1. 
 
 In case of 
 permanent 
 disability 
 employer 
 may be 
 required to 
 pay capital 
 ■um, 
 
 31. — (1) Where the accident causes permanent dis- 
 ability, either total or partial or the death of the workman 
 and the compensation is payable by the employer individ- 
 ually the Board may require the employer to pay to the 
 Board such sum as in its opinion will be sufficient with the 
 interest thereon if invested so as to earn interest at the 
 rate of 5 per cent, per annum to meet the future payments 
 to be made to the workman or his dependants, and such 
 
1914 WOEKMEN'S COMPENSATION COMMISSION. 35 
 
 sum when paid to the Board shall he invested by it and 
 shall form a fund to meet such future payments. 
 
 (2) The Board, instead of requiring the employer to or to give 
 make the payment provided for hy suhsection 1, may re- payment 
 quire him to give such security as the Board may deem pensatjon 
 sufficient for the future payments. 
 
 32. Where a right to compensation is suspended under compensa- 
 the provisions of this Part no compensation shall be payable payable 
 in respect of the period of suspension. suspension. 
 
 SCALE OF COMPENSATIOlir. 
 
 case 
 
 33.- — (1) Where death results from an injury the amount yo^^n^gf-j 
 of the compensation shall be : — o' death 
 
 (a) The necessary expenses of the burial of the work- 
 
 man not exceeding $75. 
 
 (b) Where the widow or an invalid husband is the sole 
 
 dependant a monthly payment of 
 
 (c) Where the dependants are a widow or an invalid 
 
 husband and one or more children, a monthly 
 payment of $20, with an additional monthly 
 payment of $5 for each child under the age 
 of 16 years, not exceeding in the whole $40. 
 
 (d) Where the dependants are children a monthly pay- 
 
 ment of $10 to each child under the age of 
 16 years, not exceeding in the whole, $40. 
 
 (e) Where the workman was under the age of 21 years, 
 
 and the dependants are his parents or one of 
 them, a monthly payment of $20, ceasing when 
 the workman would have attained the age of 21 
 years. 
 
 (/) Where the sole dependants are persons other than 
 those mentioned in the fqregoing clauses a sum 
 reasonable and proportionate to the pecuniary 
 loss to such dependants occasioned by the death, 
 to be determined by the Board, but not exceed- 
 ing in the whole $40 per month. 
 
 (2) Where permanent total disability results from the tion in 
 injury the -amount of the compensation shall be a weekly permanent 
 payment during the life of the workman equal to per ibmty'^' 
 
 cent, of his average weekly earnings during the previous 
 
36 
 
 SECOXD IXTEEIM EEPOKT OP THE 
 
 So. 53 
 
 Duration of 
 payments 
 under 
 clause (f) 
 of subsec- 
 tion 1. 
 
 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 his employer. 
 
 (3) In the case provided for by clause (/) of subsection 
 1, the payments shall continue only so long as in the opinion 
 of the Board it might reasonably have been expected had the 
 workmao lived he would have continued to contribute to the 
 support of the dependants. 
 
 Marriage 
 of widow. 
 
 Exception. 
 
 Where 
 worlcman 
 leaves no 
 dependant, 
 expense of 
 medical at- 
 tendance 
 and burial 
 may be 
 ordered 
 to be paid. 
 
 Partial or 
 temporary 
 disability. 
 
 34. — (1) If a dependant widow marries the monthly 
 payments to her shall cease, but she shall be entitled in lieu 
 of them to a lump sum equal to the monthly payments for two 
 years and such lump sum shall be payable within one month 
 after the day of her marriage. 
 
 (2) Subsection 1 shall not apply to payments to a widow 
 in respect of a child. 
 
 35. Where a workman leaves no dependants such sum as 
 the Board may deem reasonable for the expenses of his medi- 
 cal attendance and of his burial shall be paid to the persons 
 to whom such expenses are due. 
 
 36. Where the disability is partial or temporary the 
 compensation shall be a weekly payment of a sum propor- 
 tionate to the impairment of the earning capacity of the 
 workman not exceeding in any case per cent, of his average 
 weekly earnings ascertained in the manner provided by sec- 
 tion 39, and the compensation shall be payable while the 
 disability lasts. 
 
 Son noTfo ^^- ^^^ compensation payable as provided by subsection 
 pSclntage ^ °^ ^^°*^°^ ^^' ^^^^^ ^°t ^^ any case exceed per cent, of 
 
 cirSrdi^s *^® average monthly earnings of the workman calculated in 
 the manner provided by section 39, and if the compensation 
 payable under that subsection would in any case exceed that 
 percentage it shall be reduced accordingly, and where several 
 persons are entitled to monthly payments the payments shall 
 be reduced proportionately. 
 
 ments W ,^^\-^ monthly payment in respect- of a child shall cease 
 cease.*" ^^^"^ *^^ '^^^^^ ^t^^i'^s the age of IB years. 
 
 -(1) Average earnings shall be computed in such 
 
 How aver- 39 ■ 
 
 age earn- ' - ' , " : "b" •^^u.i.i. uc uumpuieQ in SUCH 
 
 {.e^c'or^°puted. ' "^^^°f Z 'I ^f ^ ""^^^^^^ ^0 give the rate per week or 
 month at which the workman was remunerated. 
 
1914 WOEKMEX'S COMPENSATION COMMISSION. 37 
 
 (2) Where owing to the shortness of the time during shortness' 
 which the workman was in the employment of his employer °J ifl'oa'suai 
 or the casual nature of his employment or the terms of it, nature, 
 it is impracticable to compute the rate of remuneration as of 
 the date of the accident regard may be had to the average 
 weekly or monthly amount which during the twelve months 
 previous to the accident was being earned by a person in 
 the same grade employed at the same work by the same 
 employer, or if there is no person so employed then by a 
 person in the same grade employed in the same class of em- 
 ployment and in the same locality. 
 
 (3) Where the workman has entered into concurrent con- where two 
 
 or KiorG 
 
 tracts of service with two or more employers under which employers 
 
 he worked at one time for one of them and at another time 
 
 for another of them his average earnings shall be computed 
 
 as if his earnings under all such contracts were earnings in 
 
 the employment of the employer for whom he was working 
 
 at the time of the accident. 
 
 (4) Employment by the same employer shall mean em- ^^^^ing ot 
 ployment by the same employer in the grade in which the employment 
 workman was employed at the time of the accident uninter- employer, 
 rupted by absence from work due to illness or any other rentiy. 
 unavoidable cause. 
 
 (5) Where the employer was accustomed to pay the work- special 
 
 . T •! 1 1 • 1 expenses 
 
 man a sum to cover any special expenses entailed on him by not to be 
 
 the nature of his employment that sum shall not be reckoned 
 
 as part of his earnings. 
 
 40. In fixing the amount of a weekly or monthly payment Matters to 
 regard shall be had to any payment, allowance or benefit ered in 
 which the workman may receive from his employer during payments, 
 the period 'of his incapacity, including any pension, gratuity 
 
 or other allowance provided wholly at the expense of the 
 employer. 
 
 41. The amount of the weekly payment in the case of nof ^ 
 partial incapacity shall in no case exceed the difference be- Ifaerence 
 tween the average weekly earnings of the workman before wag^s*" 
 the accident and the average weekly amount which he is ^hat^may* 
 earning or is able to earn in some suitable employment or ^e earned, 
 business after the accident but shall bear such relation to 
 
 the amount of that diflference' as under the circumstances 
 appears just. » 
 
 42. Where there are both total and partial dependants the uo^^to^de- 
 compensation may be allotted partly to the total and partly Pendants, 
 to the partial dependants. 
 
38 
 
 SECOND INTEEIM EEPOKT OF THE 
 
 No. 53 
 
 Board may 
 apply pay- 
 ment for 
 benefit of 
 children 
 
 43. Where the Board is of opinion that for any reason 
 it is necessary or desirable that a payment in respect of a 
 child should not be made directly to its parent, or where a 
 dependant child has no parent or guardian, the Board may 
 direct that the payment be made to such person or be applied 
 in such manner as the Board may deem best for the advan- 
 tage of the child. 
 
 Workmen's 
 Compensa- 
 tion Board, 
 how consti- 
 tuted. 
 
 THE WOEKMEN^S COMPENSATIOUT BOARD, 
 
 44. There is hereby constituted a Commission for the ad- 
 ministration of this Part to.be called "The Workman's Com- 
 pensation Board," which shall consist of three members to be 
 appointed by the Lieutenant-Governor in Council and shall 
 be a body corporate. 
 
 Chairman, 
 
 Vioe-chalr- 
 
 man. 
 
 45. One of the Commissioners shall be appointed by the 
 Lieutenant-Governor in Council to be the Chairman of the 
 Board and he shall hold that ofBce while he remains a mem- 
 ber of the Board and another of the Commissioners shall be 
 appointed by the Lieutenant-Governor in Council Vice- 
 Chairman of the Board. 
 
 When vice- 
 chairman 
 may act. 
 
 46. In the absence of the Chairman or in case of his 
 inability to act or if there is a vacancy in the office, the Vice- 
 chairman may act as and shall have all the powers of the 
 Chairman. 
 
 wifer"'^?ci°-" '*''• Wliere the Vice-Chairman appears to have acted for 
 hat'™t«d °^ instead of the Chairman it shall be conclusively pre- 
 sumed that he so acted for one of the reasons mentioned in 
 the next preceding subsection. 
 
 offlMo^f^om- 48. Each Commissioner shall, subject to section 49 hold 
 missioners. gfggg during good behaviour for a period of ten years but 
 may be removed at any time for cause. 
 
 Age limit. 
 
 Re-appoint- 
 ment. 
 
 49. Unless otherwise directed by the Lieutenant-Gover- 
 nor in Council a Commissioner shall cease to hold office, 
 when he attains the age of 75 years. 
 
 50. A Commissioner if not disqualified by age shall be 
 eligible for re-appointment. 
 
 51. Each of the Commissioners shall devote the whole of 
 
 Commission- 
 ers to give . , -«^v^*K^ uiii^ii u.o»utc liic WllUIB 
 
 to'duties'"^ ^^^ *™® ^° *^® performance of his duties under this Part. 
 
 Salaries. 53. The salary of the Chairman shall be $ 
 
 per annum, and the salary of each of the other Commis- 
 sioners shall be $ per annum. 
 
1914 WORKMEN'S COMPENSATION COMMISSION. 39 
 
 53. The presence of two Commissioners shall be neces- *^''°''"™- 
 sary to constitute a quorum of the Board. 
 
 54. A vacancy in the Board shall not if there remain two vacancy not 
 members of it impair the authority of such two members to authoruy if 
 
 two mer- 
 bers re- 
 
 act. *^° "'^'^- 
 
 55. The Board shall have the like powers as the Supreme Powers of 
 Court for compelling the attendance of witnesses and of 
 examining them under oath, and compelling the production 
 of books, papers, documents and things. 
 
 56. — (1) A Commissioner shall not directly or indirect- ^j"™™^^^^ ,^ 
 
 ly • disqualified 
 
 •' ■ in certain 
 
 cases. 
 
 (a) have, purchase, take or become interested in any 
 industry, to which this Part applies or any 
 bond, debenture or other security of the person 
 owning or carrying it on; 
 
 (&) be the holder of shares, bonds, debentures or other 
 securities of any company which carries on the 
 business of employers' liability or accident in- 
 surance ; 
 
 (c) have any interest in any devicfe, machine, appliance, 
 patented process or article which • may be re- 
 quired or used for the prevention of accidents. 
 
 (2). If any such industry, or interest therein, or any such 
 share, bond, debenture, security, or thing comes to or be- 
 comes vested in a Commissioner by will or by operation of 
 law and he does not within three months thereafter sell and 
 absolutely dispose of it he shall cease to hold office. 
 
 57. The offices of the Board shall be situated in the city Boa°r^d ° 
 of Toronto and its sittings shall be held there, except where ungg^"' 
 it is lexpedient to hold sittings elsewhere, and in that case sit- 
 tings may be held in any part of Ontario. 
 
 58. The Commissioners shall sit at such times and con- Proceed- 
 duct their proceedings in such manner as they may deem B^rd. 
 most convenient for the proper discharge and speedy despatch 
 
 of business. 
 
 59. — (1) The Board shall appoint a Secretary and a ^jP^'g"*™^"* 
 Chief Medical Officer and may appoint such auditors, actu- and officers, 
 aries, accountants, inspectors, medical referees, clerks and 
 servants as the Board may deem necessary for carrying out 
 the provisions of this Part and may prescribe their duties 
 
40 
 
 SECOND INTERIM RBPOET OP THE 
 
 No. 53 
 
 Tenure 
 of ofHoe. 
 
 and, subject to the approval of the Lieutenant-Governor m 
 Cotmcil, may fix their salaries. 
 
 (2) Every person so appointed shall hold office during 
 the pleasure of 'the Board. 
 
 Jurisdiction 60. — (1) The Board shall have exclusive jurisdiction to 
 of Board. g^^^-^^g j^^^^ ^^^^ ^^^^ determine all matters and questions 
 arising under this Part and the action or decision of the 
 Board thereon shall be final and conclusive and shall not be 
 open to question or review in any court and no proceedings 
 by or before the Board shall be restrained by injunction, 
 prohibition or other process or proceeding in any court or 
 be removable by certiorari or otherwise into any court. 
 
 Power to 
 reconsider. 
 
 Power of 
 Board as 
 to award- 
 ing Com- 
 pensation 
 for Ex- 
 penses. 
 
 Board may 
 act on 
 report of 
 offloers. 
 
 Enforce- 
 ment of 
 orders of 
 Board. 
 
 (2) ITothing in subsection 1 shall prevent the Board 
 from reconsidering any matter which has been dealt with by 
 it or from rescinding, altering or amending any decision or 
 order previously made, all which the Board shall have author- 
 ity to do. 
 
 61. The Board may award such sum as it may deem 
 reasonable to the successful party to a contested claim for 
 compensation or to any other contested matter as compensa- 
 tion for the expenses he has been put to by reason of or 
 incidental to the contest and an order of the Board for the 
 payment by an employer of any sum so awarded when filed 
 in the manner provided by section 63 shall become a judg- 
 ment of the Court in which it is filed and may be enforced 
 accordingly; 
 
 62. The Board may act upon the report of any of its 
 officers and any enquiry which it shall be deemed necessary 
 to make may be made by any one of the Commissioners or 
 by an officer of the Board or some other person appointed 
 to make the enquiry, and the Board may act upon his report 
 as to the result of the inquiry. 
 
 63. An order of the Board for the payment of compensa- 
 tion by an employer who is individually liable to pay the com- 
 pensation or any other order of the Board for the payment 
 of money made under the authority of this Part, or a copy 
 of any such order certified by the Secretary to be a true 
 copy may be filed with the clerk of any county or district 
 court and when so filed shall become an order of that court 
 and may be enforced as a judgment of the court. 
 
 Regulations. 64. — (1) The Board may make such Eegulations as may 
 be deemed expedient for carrying out the provisions of this 
 copy of every regulation so made 
 
 Part and a certified 
 
1914 WOEKMEN'S COMPENSATION COMMISSION. 41 
 
 shall be transmitted forthwith to the Provincial Secretary ^?g^^^„^^t. 
 and any regulation may withjn one month after it has been ^"afsaiiow 
 received by the Provincial Secretary be disallowed by the 
 Lieutenant-Governor in Council. 
 
 (2) After the period for disallowance has expired every Publication, 
 regulation which has not been disallowed shall become effec- 
 tive and shall be forthwith published in the Ontario Gazette. 
 
 (3) Every person who contravenes any such regulation Penalty, 
 after it has become effective or any rule of an association 
 formed as provided by section 97, which has been approved 
 
 and ratified as provided by that section shall for every con- 
 travention incur a penalty not exceeding $50. 
 
 65. The accounts of the Board shall be audited by the Audit of 
 Provincial Auditor or by an auditor appointed by the Lieu- 
 tenant-Governor in Council for that purpose and the salary 
 or remuneration of the last mentioned auditor shall be paid 
 by the Board. 
 
 66. — (1) The Board shall on or before the day of Report to 
 
 in each year make a report to the Lieutenant- Governor. 
 Governor of its transactions during the next preceding calen- 
 dar year and such report shall contain such particulars as 
 the Lieutenant-Governor in Council may prescribe. 
 
 (2) Every such report shall be forthwith laid before the ^g^'JaiJ *° 
 Assembly if the Assembly is then in session and if it is not ^s*'"'®^, 
 then in session within fifteen days after the opening of the 
 next session. 
 
 67. The Superintendent of Insurance or an officer of his f^'^e'it'of 
 Department named by him for that purpose shall once in insurance 
 
 ', !<■ • f •niiT- /~|to examine 
 
 each year and oitener ii so required' by the Lieutenant-liov- into affairs 
 
 • /-i ■! • • i ii n- • II- J! and business 
 
 ernor m Council examine into the affairs and business oi of Board, 
 the Board for the purpose of determining as to the suffi- 
 ciency of the accident fund and shall report thereon to the 
 Lieutenant-Governor in Council. 
 
 GONTEIBUTION BY THE PEOVIIifCE. 
 
 '68. To assist in defraying the expenses incurred in the Provincial 
 administration of this Part there shall be paid to the Board wards costs 
 out of the Consolidated Revenue Fund such annual sum not tration. 
 exceeding $ as the Lieutenant-Governor in Council 
 
 may direct and such sum shall be payable in equal quar- 
 terly sums on the first day of each quarter commencing on 
 the day of 19 . 
 
42 
 
 SECOND IXTEEIM EEPOET OE THE 
 
 No. 53 
 
 ACCrDEWT FUND. 
 
 How acci- 
 dent fund 
 to be 
 provided. 
 
 Compensa- 
 tion pay- 
 able out of 
 accident 
 fund in 
 certain 
 cases. 
 
 69.— (1) An accident fund shall be provided by contri- 
 butions to be made in the manner hereinafter provided, by 
 the employers in the classes or groups of industries, for the 
 time being embraced in Schedule 1, and compensation pay- 
 able in respect of accidents which happen in any industry, 
 embraced in any of such classes or groups, shall be pay- 
 able and shall be paid out of the accident fund. 
 
 Industries 
 in Schedule 
 2 not to 
 contribute. 
 
 (2) Notwithstanding the generality of the description of 
 the classes mentioned in Schedule 1 none of the industries 
 embraced in Schedule 2 shall form part of or be deemed to 
 be included in any of such classes, unless it is added to 
 Schedule 1 by the Board under the authority conferred by 
 this Part. 
 
 Sufficiency 
 of accident 
 fund to be 
 maintained. 
 
 70. It shall be the duty of the Board at all times to main- 
 tain the accident fund so that with the reserves it shall be 
 sufficient to meet all the payments to be made out of the fund 
 in respect of compensation as they become payable and so_as 
 not unduly or unfairly to burden the employers in any class 
 in future years with payments which are to be made in those 
 years in respect of accidents which have previously happened. 
 
 Industries 
 not specific- 
 ally In- 
 cluded in 
 
 classes. 
 
 71. If any trade or business connected with the indus- 
 tries of : — 
 
 Lumbering, mining, quarrying, fishing, manufacturing, 
 building, construction, engineering, transporta- 
 tion, operation of electric power lines, water- 
 works and other public utilities, navigation, 
 operation of boats, ships, tugs and .dredges, opera- 
 tion of grain elevators and warehouses; team- 
 ing, scavenging and street cleaning; painting, 
 decorating and renovating, dyeing and cleaning; 
 
 or any occupation incidental thereto or immediately con- 
 nected therewith, not included in Schedule 2, is not em- 
 braced in any of the classes mentioned in Schedule 1, the 
 Board shall assign it to an appropriate class or form an addi- 
 tional class or classes embracing the trades or businesses not 
 so embraced, and until that is done such trades and businesses 
 shall together constitute a separate group or class and shall 
 be deemed to be included in Schedule 1. 
 
1'914 WOEKMEN'S COMPENSATION COMMISSION. 43 
 
 "^2. — (1) The Board shall have jurisdiction and author- J?'Boi'r"°" 
 ity to : — 
 
 (a) re-arrange any of the classes for the time being, ^^^^° l^^^^ 
 
 embraced in Schedule 1, and withdraw from any of classes, 
 class any industry embraced in it and transfer 
 it wholly or partly to any other class or form it 
 into a separate class; 
 
 (b) establish other classes embracing any of the Indus- Efg othf?" 
 
 tries which are mentioned in Schedule 2, or are °ia®^««- 
 not embraced in any of the classes in Schedule 
 1; 
 
 (c) add to any of the classes mentioned in Schedule ^j^ggef '° 
 1, any industry which is not embraced in any 
 of such classes. 
 
 (2) Where in the opinion of the Board the hazard to work- men^of'"" 
 
 men in any of the industries embraced in a class is less than assessment 
 
 that in another or others of such industries, or where foraooordinj 
 ... T -r-» 1 hazard 
 
 any other reason it is deemed proper to do so, the Board may of busi- 
 
 sub-divide the class into sub-classes and if that is done the 
 Board shall fix the percentages or proportions of the contri- 
 butions to the accident fund which are to be payable by the 
 employers in each sub-class. 
 
 (3) Separate accounts shall be kept of the amounts col- Separate 
 
 SLCcoun'ts 
 
 lected and expended in respect of every class and sub-class, to be kept 
 but for the purpose of paying compensation the accident c°ass^and 
 fund shall, nevertheless, be deemed one and indivisible. sub-ciass. 
 
 (4) Where a greater number of accidents has happened in varying 
 any industry than in the opinion of the Board ought to have assessment 
 happened if proper precautions had been taken for the pre- cases, 
 vention of accidents in it, or where in the opinion of the 
 
 Board the ways, w;orks, machinery or appliances in any in- 
 dustry are defective, inadequate or insufficient the Board 
 may add to the amount of any contribution to the accident 
 fund for which an employer is liable in respect of such in- 
 dustry such a percentage thereof as the Board may deem 
 just and may assess and levy the same upon such employer, 
 or the Board may exclude such industry from the class in 
 which it is embraced, and if it is so excluded the iemployer Additional 
 shall be individually liable to pay the compensation to ''®''°®" ^^^■ 
 which any of his workmen or their dependants may there- 
 after become entitled. 
 
44 
 
 SECOND IXTEEIM EEPOET OP THE 
 
 Xo. 53 
 
 Collection 
 and applica- 
 tion of ad- 
 ditional per- 
 centage. 
 
 (5) Any additional percentage levied and collected under 
 the next preceding subsection shall be added to the accident 
 fund or applied in reduction of the assessment upon the 
 other employers in the class or sub-class to which the employer 
 from whom it is collected belongs as the Board may de- 
 
 termine. 
 
 Withdraw- 
 ing classes. 
 
 73. — (1) The Board may in the exercise of the powers 
 conferred by the next preceding section Vv'ithdraw or exclude 
 from a class industries in which not more than a stated num- 
 ber of workmen are usually employed and may afterwards 
 add them to the class or classes from which they have been 
 withdrawn, and any industry so withdrawn or excluded shall 
 not thereafter be deemed to be included in Schedule 1 or 
 Schedule 2. 
 
 Employers 
 in indus- 
 Jtries with- 
 •drawn 
 lunder s.s. 
 :i may 
 ■elect to 
 lieoome 
 members 
 of class. 
 
 (2) Where industries are withdrawn or excluded from a 
 class under the authority of subsection 1, an employer in 
 any of them may, nevertheless, elect to become a member 
 of the class to which, but for the withdrawal or exclusion 
 he would have belonged, and if he so elects he shall be a 
 member of that class and as such liable to contribute to the 
 accident fund, and his industry shall be deemed to be em- 
 braced in Schedule 1. 
 
 (3) JSFotice of the election shall be given to the Secretary 
 of the Board and the election shall be deemed to have been 
 made when the notice is received by him. 
 
 74. The powers conferred by the next preceding two sec- 
 tions may be exercised from time to time and as often as in 
 
 Powers 
 
 may be 
 
 exercised 
 
 as occasion xi, * * j? j.i -r» i • • 
 
 requires. tne opinion 01 the Board occasion may require. 
 
 When 
 Regula- 
 tions 
 become 
 effective. 
 
 Publication. 
 
 75. A regulation or order made by the Board under the 
 authority of clause (a) or clause (b) of subsection 1 of sec- 
 tion 72, shall not have any force or effect unless approved by 
 the Lieutenant-Governor in Council, and when so approved 
 it shall be published in the Ontario Gazette and shall take 
 effect on the expiration of one month from the first publica- 
 tion of it in the Ontario Gazette. 
 
 statements 
 to be fur- 
 nished by 
 employers. 
 
 STATEMENTS TO BE FtTENISHED BY EMPLOYERS. 
 
 76.— (1) Every employer shall on or before the 
 day of next and yearly thereafter, on ot before 
 
 tte day of , or on or before such date 
 
 as shall be prescribed by the Board prepare and transmit to 
 the Board a statement in detail of the names and a^es of all 
 his employees and the amount of the wages earned" by each 
 
1914 WORKMEN'S 'COMPENSATION COMMISSION. 45 
 
 of them during the year then last past verified by the statu- 
 tory declaration of the employer or the manager of the 
 biTsiness, or where the employer is a corporation by an officer 
 of the corporation having a personal knowledge of the mat- 
 ters to which the declaration relates. 
 
 (2) Where the business of the emp^'^yer embraces more sSitementa 
 than one branch of business or class of industry the Board branches, 
 may require separate statements to be made as to each branch ®'°- 
 
 or class of industry, and such statements shall be made, veri- 
 fied, and transmitted as provided by subsection 1. 
 
 (3) If any employer does not make and transmit to the furnish 
 Board the prescribed statement within the prescribed time 
 
 the Board may base any assessment or supplementary assess- 
 ment thereafter made upon him on such sum as in its opinion 
 is the probable amount of the pay roll of the employer and the 
 employer shall be bound thereby, but if it is afterwards as- 
 certained that such amount is less than the actual amotmt of 
 the pay roll the employer shall be liable to pay to the Board 
 the diflference between the amount for which he was assessed 
 and the amount for which he would have been assessed on 
 the basis of his pay roll. 
 
 (4) If an employer does not comply with the provisions of ^®°^"''' 
 subsection 1 or subsection 2, or if any statement made in 
 pursuance of their provisions is not a true and accurate state- 
 ment of any of the matters required to be set forth in it the 
 employer for every such non-compliance and for every such 
 statement shall incur a penalty not exceeding $&00. 
 
 77. — (1) If a statement is found to be inaccurate the as- may be 
 sessment shall be niade on the true amount of the. pay roll as correspond 
 ascertained by such examination and enquiry or if an assess- roils. ^^^' 
 ment has been made against the employer on the basis of 
 his pay-roll being as shown by the statement the employer 
 shall pay to the Board the difference between the amount for 
 which he was assessed and the amount for which he would 
 have been assessed if the amount of the pay-roll had been p^^g^jj 
 truly stated, and by way of penalty a sum equal to such 
 difference. 
 
 (2) The Board if satisfied that the inaccuracy of the ?e°ifeve'"^'' 
 statement was not intentional and that the employer honestly penTity. 
 desired to furnish an accurate statement, may relieve him 
 from the payment of the penalty provided for by subsec- 
 tion 1 or any part of it. 
 
46 
 
 SECOND INTEEIM EEPOET OP THE 
 
 No. 53 
 
 Examina- 
 tion of ac- 
 counts and 
 books of 
 employer. 
 
 8 Ed. VII., 
 G. 8. 
 
 78. — (1) The Board and any member of it, and any 
 officer or person authorized by it for that purpose shall have 
 the right to examine the books and accounts of the employer 
 and to make such other enquiry as the Board may deem 
 necessary for the purpose of ascertaining whether any state- 
 ment furnished to the Board under the provisions of section 
 76 is an accurate statement of the matters which are re- 
 quired to be stated therein or of ascertaining the amount of 
 the pay-roll of any employer, and for the purpose of any such 
 examination and enquiry the Board and the person so ap- 
 pointed shall have all the powers which may be conferred 
 on a commissioner appointed under The Public Inquiries 
 Act. 
 
 Penalty for 
 obstruction. 
 
 (2) An employer and every other person who obstructs or 
 hinders the making of the examination and inquiry men- 
 tioned in subsection 1, or refuses to permit it to be made shall 
 incur a penalty not exceeding $500. 
 
 79. — (1) The Board and any member of it and any offi- 
 
 Board to 
 have right 
 
 premises of cer Or person authorized by it for that purpose shall have 
 employer. ^j^^ ^-gj^^ ^^ ^jj pgasonable hours to enter into the establish- 
 ment of any employer who is liable to contribute to the 
 accident fund and the premises connected with it and every 
 part of them for the purpose of ascertaining whether the 
 ways, works, machinery or appliances therein are safe, ade- 
 quate and sufficient and whether all proper precautions are 
 taken for the prevention of accidents to the workmen em- 
 ployed in or about the establishment or premises and 
 whether the safety appliances or safeguards prescribed by 
 law are used and employed therein, or for any other purpose 
 which the Board may deem necessary for the purpose of 
 determining the proportion in which such employer should 
 contribute to the accident fund. 
 
 Penalty for 
 obstruction. 
 
 Information 
 obtained 
 not to be 
 divulged. 
 
 Penalty. 
 
 (2) An employer and every other person who obstructs 
 or hinders the making of any inspection made under the 
 authority of subsection 1, or refuses to permit it to be made, 
 shall incur a penalty not exceeding $500. 
 
 80.— (1) ISTo officer of the Board and no person author- 
 ized to make an inquiry under this Part shall divulge or allow 
 to be divulged except in the performance of his duties or 
 under the authority of the Board any information obtained 
 by him or which has come to his knowledge in making or in 
 connection with an inspection or inquiry under this Part. 
 
 (2) Every person who contravenes any of the provisions 
 of subsection 1 shall incur a penalty not exceeding $50. 
 
1014 WOEKMEN'S OOMPBNSATION COMMISSION. 47 
 
 81. The penalties imposed by or under the authority of and appu- 
 this Part shall be recoverable under The Ontario Summary ptnauies. 
 Convictions Act and when collected shall be paid over to 
 
 the Board and shall form part of the accident fund. 
 
 ASSESSMENTS. 
 
 82. The Board shall on or before the day of LTil-°"^' 
 
 ,19 , make a provisional assessment on the em- '"'*"''■ 
 ployers in each class of such sum as in the opinion of the 
 Board will be sufficient to meet the claims for compensation 
 which will be payable by that class during the then calendar 
 year, and to provide a reserve fund of such amount as the 
 Board may deem necessary to pay the compensation payable 
 in future years in respect of claims in that class for acci- 
 dents happening in that year and also to meet the expenses 
 of the Board in the administration of this Part for the year. 
 
 83. The sums to be so assessed may be either a percent- ^°nt^5Sy^' 
 age of the pay-rolls of the employers or a specific sum as the ^e based. 
 Board may determine. 
 
 84. The Board shall in every year thereafter assess and asseYs^"^" 
 levy upon the employers in each of the classes a sum sufficient ™«"*^- 
 
 to pay the compensation which was paid in the next preced- 
 ing calendar year in respect of injuries to workmen in in- 
 dustries within the class and to provide a reserve fund of 
 such amount as the Board may deem necessary to pay the 
 compensation payable in subsequent years in respect of 
 claims In that class which arose during such next preceding 
 year and also to pay the expenses of the Board in the ad- 
 ministration of this Part for that year and such assessments 
 may be based upon the pay rolls of the employers. 
 
 85.— (1) The Board shall determine and fix the proper- ^/"^g"";"^." 
 tion or part of the sum for which a class is so assessed under ^®ie*by^" 
 the provisions of either of the next preceding two sections t™te°taed 
 which is to be paid by the employers within the class or 
 within any sub-class and every employer shall pay to the 
 Board the sum payable by him within 15 days after notice 
 of the assessment and of the. amount so payable has been Notice of as- 
 
 • j.^ i.i.«, sessment. 
 
 given to mm. 
 
 (2) The notice may be sent by registered post to the em- how notice 
 ployer and shall be deemed to have been given to him on the ^^J^? 
 day on which the notice was posted. 
 
 Insufflclent 
 
 SiSSSSStllSIl'tl 
 
 86. If the amount intended to be provided for by the to b« made 
 assessment in any year is by reason of the failure of an em- piementary 
 
 ments. 
 
48 
 
 SECOND INTERIM EEPORT OF THE 
 
 No. 53 
 
 ployer to pay his proportion of it or from any other cause 
 insufficient for the purpose for which it waa made, the Board 
 may make supplementary assessments to make up the de- 
 ficiency and section 85 shall apply to such assessments. 
 
 may'b^e'as" 87. Where the payments made by the employers in any 
 
 dfflciency in class are insufficient to meet the amount of any assessment 
 
 any of them. ^^^^ ^-^^ employers embraced in it the deficiency shall be 
 
 made up by supplementary assessments upon the empbyers 
 
 in all the classes and the provisions of section 85 shall apply 
 
 to such assessments. 
 
 Where defi- 
 ciency made 
 good by 
 employer, 
 mode of ap- 
 plication of 
 payment. 
 
 Employer 
 not as- 
 sessed 
 liable to 
 pay 
 
 amount 
 for which 
 he should 
 have been 
 assessed. 
 
 Amount 
 collected 
 to be 
 taken 
 into ac- 
 count in 
 making 
 subse- 
 quent as- 
 sessment. 
 
 Employer 
 liable to 
 pay unpaid 
 sums. 
 
 Lieutenant- 
 Governor- 
 in-Councll 
 may require 
 supplement- 
 ary assess- 
 ments to 
 be made. 
 
 88. — (1) If and so far as any deficiency mentioned in 
 the next preceding two sections is afterwards made good 
 wholly or partly by the defaulting employer the amount 
 which shall have been made good shall be apportioned be- 
 tween the other employers in the proportions in which the 
 deficiency was made up by them by the payment of supple-_ 
 mentary assessments upon them and shall be credited to 
 them in making the next assessment. 
 
 (2) If for any reason an employer liable to assessment 
 is not assessed in any year he shall nevertheless be liable 
 
 ■ to pay to the Board the amount for which he should have been 
 assessed, and payment of that amount may be enforced in 
 the same manner as the payment of an assessment may be 
 enforced. 
 
 (3) Any sum collected from an employer under subsec- 
 tion 2 shall be taken into account by the Board in making 
 an assessment in a subsequent year on the employers in 
 the class or sub-class to which such employer belonged. 
 
 89. Notwithstanding that the deficiency arising from a de- 
 fault in the payment of the whole or part of any assessment 
 has been made up by a special assessment a defaulting em- 
 ployer shall continue liable to pay to the Board the amount 
 of every assessment made upon him or so much of it as re- 
 mains unpaid. 
 
 90. Whenever the Lieutenant-Governor in Council is of 
 opinion that the condition of the accident fund is such that 
 with the reserves it is not sufficient to meet all the payments 
 to be made in respect of compensation as they become payable 
 and so as toot unduly or unfairly to burden the employers 
 in any class in future years with payments which are to be 
 made in those years in respect of accidents which have hap- 
 pened in previous years, he may require the Board to make 
 a supplementary assessment of such sum as in his opinion 
 
1914 WOEKMEN'S COMPENSATIOjST COMMISSION. 49 
 
 is necessary to be added to the fund, and when such a require- 
 ment is made the Board shall forthwith make such supple- 
 mentary assessment and it shall be made in like manner as is 
 hereinbefore provided as to other special assessments and 
 all the provisions of this Part as to special assessments shall 
 apply to it. 
 
 91. In order to maintain the accident fund as provided o°rServe». 
 by section TO the Board may from time to time and as often 
 
 as may be deemed necessary include in any sum to be 
 assessed upon the employers and may collect from them such 
 sums as may be deemed necessary for that purpose and the 
 sums so collected shall form a reserve fund and shall be in- 
 vested in securities in which a trustee may by law invest 
 trust moneys. ' 
 
 92. If an assessment or a special assessment is not paid noJ^^.'*"' 
 at the time when it becomes payable, the defaulting em- ^I^^J^t"*" 
 ployer shall be liable to pay and shall pay as a penalty for 
 
 his default such a percentage upon the amount unpaid as 
 may be prescribed by the Kegulations or may be determined 
 by the Board. 
 
 93. "Where default is made in the payment of any assess- ^f°^Jf^^aw 
 ment, or special assessment, or any part of it the Board may ^^g^^^" 
 issue its certificate stating that the assessment was made, the 
 amount remaining unpaid on account of it and the person 
 
 by whom it was payable and such certificate or a copy of it 
 certified by the Secretary to be a true copy may be filed with 
 the clerk of any county or district court and when so filed 
 shall become an order of that court and may be enforced as 
 a judgment of the court against such person for the amount 
 mentioned in the certificate. 
 
 94. — (1) If an assessment or a special assessment or any f°^l^^^T 
 part of it remains unpaid for 30 days after it has become sessment 
 payable, the Board, in lieu of or in addition to proceeding as municipal 
 
 ^ "^ . ^ -. ■, , 1. ,■ • -J. coUectors. 
 
 provided by the next preceding section, may issue its cer- 
 tificate stating the name and residence of the defaulting em- 
 ployer, the amount unpaid on the assessment, the establish- 
 ment in respect of which it is payable, and upon the delivery 
 of the certificate to the clerk of the municipality in which 
 the establishment is situate he shall cause the amount so 
 remaining unpaid as stated in the certificate to be entered 
 upon the collector's roll as if it were taxes due by the de- 
 faulting employer in respect of such establishment, and it 
 shall be collected in like manner as taxes are levied and 
 collected and the amount when collected shall be paid over 
 by the collector to the Board. 
 
 i w. 
 
50 
 
 SECOND INTEEIM EBPOET OP THE 
 
 No, 53 
 
 Collector 
 entitled to 
 
 entitled' to (2) The coUector shall be entitled to add five per cent, 
 percentage, thereof to the amount to be collected and to retain sucJi per- 
 centage for his services in making the collection. 
 
 Employers 
 to give 
 notice of 
 accidents. 
 
 Penalty. 
 
 EBTTJENS OF ACCIDENTS. 
 
 95. (1) Every employer shall within three days after 
 
 the happening of an accident to a workman in his employment 
 by which the workman is disabled from earning full wages 
 notify the Board by registered post of the : — 
 
 (a) happening of the accident and nature of it ; 
 (&) time of its occurrence; 
 
 (c) Name and address of the workman; 
 
 (d) place where the accident happened; 
 
 (e) name and address of the physician or surgeon, if 
 
 any, by whom the workman was or is attended 
 for the injury. 
 
 (2) Por every contravention of subsection 1 the employer 
 shall incur a penalty not exceeding $50. 
 
 Certain 
 industrial 
 diseases to 
 be deemed 
 accidents.. 
 
 INDTJSTEIAL DISEASES. 
 
 96. — (1) Where a workman suffers from an industrial 
 disease and is thereby disabled from earning full wages at the 
 work at which he was employed or his death is caused by an 
 industrial disease and the disease is due to the nature of any 
 employment in which he was engaged at any time within 
 twelve months previous to the date of his disablement, 
 whether under one or more employments the workman or 
 his dependants shall be entitled to compensation as if the 
 disease were a personal injury by accident and the disable- 
 ment were the happening of the accident, subject to the 
 modifications hereinafter mentioned, unless at the time of 
 entering into the employment he had wilfully and falsely 
 represented himself in writing as not having previously 
 suffered from the disease. 
 
 (2) Where the compensation is payable by an employer 
 
 By whom 
 compensa- 
 
 abi". ^^^' individually it shall be payable by the employer who last em- 
 ployed the workman during such twelve months in the em- 
 ployment to the nature of which the disease was due. 
 
1914 WOEKMBX'S COMPENSATION COMMISSION. 51 
 
 ft 
 (3) The workman or Ms dependants if so required shall fj,rmer °^ 
 furnish the employer mentioned in the next preceding sub- 1™^^^°^®^^^ 
 section with such information as to the names and addresses of nisjied by 
 
 Till 11 1T-1 claimants. 
 
 all the other employers by whom he was employed m the 
 employment to the nature of which the disease was due dur- 
 ing such twelve months as such workman or his dependants 
 may possess, and if such information is not furnished or is 
 not sufficient to enable that employer to take the proceedings 
 mentioned in subsection 4 that employer upon proving 
 that the disease was not contracted while the workman was 
 in his employment shall not be liable to pay compensation. 
 
 (4) If that employer alleges that the disease was in fact pi9yer may 
 contracted while the workman was in the employment of some former 
 other employer he may bring such employer before the Board ®™^ oyer's- 
 and if the allegation is proved that other employer shall be 
 
 the employer by whom the compensation shall be paid. 
 
 (5) If the disease is of such a nature as to be contracted disease 
 by a gradual process any other employers who during such gradual 
 twelve months employed the workman in the employment to gfer^^lmpfoy- 
 the nature of which the disease was due shall be liable to ers^^o^ °°"- 
 make to the employer by whom the compensation is payable 
 
 such contributions as the Board may determine to be just. 
 
 (6) The amount of the compensation shall be fixed with pensation 
 reference to the earnings of the workman under the em- 
 ployer by whom the compensation is payable and the notice 
 provided for by section 20 shall be given to the employer 
 
 who last employed the workman during such twelve months 
 in the employment to the nature of which the disease was 
 due and the notice may be given' notwithstanding that the 
 workman has voluntarily left the employment. 
 
 (7) If the workman at or immediately before the date of fi^^^g^^^'to 
 the disablement was employed in any process mentioned in f^|«^„«e ^to' 
 the second column of Schedule 3 and the disease contracted ^^^{^y°^ 
 is the disease in the first column of the schedule set opposite ment. 
 
 to the description of the process the disease shall be deemed 
 to have been due to the nature of that employment unless 
 the contrary is proved. 
 
 (8) Nothing in this section shall affect the right of ^f^^^H^^. 
 workman to compensation in respect of a disease to which t^^^^jj'-^ 
 this section does not apply if the disease is the result of an result of ^ 
 injury in respect of which he is entitled to compensation ^in-notj^o be 
 der this Part. 
 
52 
 
 SECOND INTEEIM EEPOET OP THE ^o- 53 
 
 Associa- 
 tions of 
 employers 
 may be 
 formed. 
 
 Rules of 
 Associa- 
 tions if 
 approved 
 by Board 
 and Lieu- 
 tenant Gov- 
 ernor In 
 Council to 
 be binding 
 on the 
 members 
 of the 
 class. 
 
 Where 
 Inspector 
 or Eixpert 
 appointed 
 by an As- 
 sociation 
 his salary 
 may be 
 paid out 
 of the ac- 
 cident fund 
 
 Applica- 
 tion of 
 Part 1. 
 
 FORMATION OF ASSOCIATIONS. 
 
 97.— (1) The employers in any of the classes for the 
 time being included in Schedule 1 may forna themselves 
 into an association for accident prevention and may make 
 rules for that purpose. 
 
 (2) If the Board is of opinion that an association so 
 formed sufficiently represents the employers in the indus- 
 tries included in the class, the Board may approve such 
 rules, and when approved by the Board and by the Lieuten- 
 ant-Governor in Council they shall be binding on all the em- 
 ployers in industries included in the class. 
 
 (3) Where an association under the authority of its rules 
 appoints an inspector or an expert for the purpose of acci- 
 dent prevention, the Board may pay the whole or any part 
 of the salary or remuneration of such inspector or expert 
 out of the accident fund or out of that part of it which is 
 at the credit of any one or more of the classes as the Board 
 may deem just. 
 
 98. This Part shall apply only to the industries men- 
 tioned in Schedules 1 and 2 and to such industries as may 
 be added to Schedule 1 under the authority of this Part. 
 
 PAET II. 
 
 Applica- 
 tion of 
 Sections 
 100 to 102. 
 
 Liability 
 of Employ- 
 er for de- 
 fective 
 ways, 
 
 works, etc., 
 and for 
 negrligence 
 of his 
 servants. 
 
 99. Sections 100 to 102 shall until the day of 
 
 191 , apply to every industry and to every workman 
 employed in it, and after that day shall apply only to the 
 industries to which Part I. does not apply and to the work- 
 men employed in such industries. 
 
 100. Where personal injury is caused to a workman by 
 reason of any defect in the condition or arrangement of the 
 ways, works, machinery, plant, buildings or premises con- 
 nected with, intended for or used in the business of his em- 
 ployer or by reason of the negligence of his employer or 
 of any person in the service of his employer, the workman or 
 if the injury results in death the legal personal represen- 
 tatives of the workman and any person entitled in case of 
 death shall have an action against the employer, and if the 
 action is brought by the workman he shall be entitled to 
 recover from the employer the damages sustained by the 
 workman by or in consequence of the injury, and if the 
 action is brought by the legal personal representatives of the 
 
1914 WOEKME'N'S COMPENSATION COMMISSION. 53 
 
 workman or by or on behalf of persons entitled to damages 
 
 under The Fatal Accidents Act they shall be entitled to re- J 1|°- "^• 
 
 cover such damages as they are entitled to tinder that Act. 
 
 101. A workman shall hereafter be deemed not to have Certain 
 undertaken the risks incidental to his employment or those lawTures 
 due to the negligence of his fellow workmen and contributory abrogated. 
 n^ligence on the part of a workman shall not hereafter be 
 
 a bar to recovery by him or by any person entitled to dam- 
 ages under The Fatal Accidents Act in an action for the re- 1 Geo. v. 
 covery of damages for an injury sustained by or causing 
 the death of the workman while in the service of his em- 
 ployer for which the employer would otherwise have been 
 liable. 
 
 102. Contributory negligence on the part of the workman contntu- 
 shall nevertheless be taken into account in assessing the g°e^e°to"'e 
 damages in any such action. considered 
 
 ° ■' In assess- 
 
 ing dam- 
 ages 
 
 PAKT III. 
 
 REPEAL. 
 
 The Workmen's Compensation for Injuries 'Act, E.S.O. Repeal. 
 1897, c. 160, is hereby repealed. 
 
54 SECOND INTEEIM EBPOET OP THE Wo. 53 
 
 SCHEDULE 1. 
 
 INDUSTBIES THE EMPLOYEES IN WHICH ABE LlABtE TO CONTRIBUTE TO 
 
 THE Accident Fttnd. 
 
 Class 1.— Lumbering; logging, river-driving, rafting, booming; saw- 
 mills, shingle-mills, lath-mills; manufacture of veneer and of 
 
 excelsior; manufacture of staves, spokes, or headings. 
 
 « 
 
 Class 2. — Pulp and paper mills. 
 
 Class 3. — Manufacture of furniture, interior woodwork, organs, 
 pianos, piano actions, canoes, small boats, coflSns, wicker and rattan 
 ware; upholstering; manufacture of mattresses, or bed-springs. 
 
 Class 4. — Planing mills, sash and door factories, manufacture of 
 wooden and corrugated paper boxes, cheese boxes, mouldings, win- 
 dow and door screens, window shades, carpet sweepers, wooden toys, 
 articles and wares or baskets. 
 
 Class 5. — Mining; reduction of ores and smelting; preparation of 
 metals or minerals. 
 
 Class 6. — Quarries; sand, shale, clay or gravel pits, lime kilns; 
 manufacture of brick, tile, terra-cotta, fireproofing, or pavting 
 blocks, manufacture of cement, asphalt or paving material. 
 
 Class 7. — Manufacture of glass, glass products, glassware, porce- 
 lain or pottery. 
 
 Class 8. — Iron, steel or metal foundries; rolling mills; manu- 
 facture of castings, forgings, heavy engines, locomotives, machinery, 
 safes, anchors, cables, rails, shafting, wires, tubing, pipes, sheet 
 metal, boilers, furnaces, stoves, structural steel, iron or metal. 
 
 Class 9. — Car shops. 
 
 Class 10. — Manufacture of small castings or forgings, metal 
 wares, instruments, utensils and articles, hardware, nails, wire 
 goods, screens, bolts, metal beds, sanitary, water, gas or electric 
 fixtures, light machines, typewriters, cash registers, adding mar 
 chines, carriage mountings, bicycles, metal toys, tools, cutlery, 
 instruments, sheet metal products, buttons of metal, ivory pearl 
 or horp. 
 
 Class 11.— Manufacture of agricultural Implements, threshing 
 machines, traction engines, waggons, carriages, sleighs, vehicles, 
 automobiles, motor trucks, toy waggons, sleighs or baby carriages. 
 
 Class 12.— Manufacture of gold or silverware, platedware, 
 watches, watch-cases, clocks, jewellery, or musical instruments. 
 
 Class 13.-HManufacture of chemicals or explosives, corrosive 
 
 acids or salts, ammonia, calcium carbide, gasoline, petroleum, 
 
 petroleum products, celluloid, gas, charcoal, artificial ice. gun- 
 powder or ammunition. 
 
 Class 14.— Manufacture of paint, color, varnish, oil, japans, turpen- 
 tine, printing ink, printers' rollers, tar, tarred, pitched or asphalted 
 
 Class 15.— Distilleries, breweries; manufacture of spirituous or 
 malt liquors, alcohol, wine, vinegar, mineral water or soda waters. 
 
1914 
 
 WORKMEN'S COMPENSATION COMMISSION. 55 
 
 Class 16.— Manufacture of non-hazardous chemicals drugs, 
 , medicines, dyes, extracts, pharmaceutical or toilet preparations, 
 soaps, candles, perfumes, non-corrosive acids or chemical prepara- 
 tions; shoe-blacking or polish. 
 
 Class 17.— MiiHlng; manufacture of cereals or cattle foods, ware- 
 housing or handling of grain or operation. of grain elevators. 
 
 Class 18. — Packing houses, abattoirs, manufacture or preparation 
 of meats or meat products or glue. 
 
 Class 19. — Tanneries. 
 
 Class 20.— Manufacture of leather goods and products, belting, 
 saddlery, harness, trunks, valises, boots, shoes, gloves, umbrellas, 
 rubber goods, rubber shoes, tubing, tires or hose. 
 
 Class 21. — Manufacture of dairy products, butter, cheese, con- 
 densed milk or cream. 
 
 Class 22. — Canning or preparation of fruit, vegetables, fish or 
 food stuffs; pickle factories and sugar refineries. 
 
 Class 23. — Bakeries; manufacture of biscuits or confectionery, 
 spices or condiments. 
 
 Class 24. — Manufacture of tobacco, cigars, cigarettes or tobacco 
 products. 
 
 Class 25. — Manufacture of cordage, ropes, fibre, brooms or brushes; 
 work in manilla or hemp. 
 
 Class 26. — ^Plax mills; manufaicture of textiles or fabrics, spin- 
 ning, weaving and knitting manufajctories; manufacture of yarn, 
 thread, hosiery, cloth, blankets, carpets^ canvas, bags, shoddy or felt. 
 
 Class 27. — Manufacture of men's or women's clothing, white 
 wear, shirts, collars, corsets, hiats, caps, furs or robes. 
 
 Class 28. — Power laundries; dyeing, cleaning or bleaching. 
 
 Class 29. — Printing, photo-engraving, engraving, lithographing, 
 embossing; manufacture of stationery, paper, cardboard boxes, 
 bags or wall-paper; and book-binding. 
 
 Class 30. — Heavy teaming or cartage; safe-moving or moving of 
 boilers, heavy machinery, building stone and the like; warehous- 
 ing, storage. 
 
 Class 31. — Stone-cutting or dressing; marble works; manufac- 
 ture of artificial stone. 
 
 Class 32. — Steel building and bridge construction; installation of 
 elevators, fire-escapes, boilers, engines or heavy machinery. 
 
 Class 33. — Brick-laying, mason work, stone-setting, concrete work, 
 plastering; and manufacture of concrete blocks. 
 
 Class 34. — Structural carpentry. 
 
 Class 35. — Painting, decorating or renovating; sheet metal work 
 and roofing. 
 
 Class 36. — Plumbing, sanitary or heating engineering, operation 
 of passenger or freight elevators, theatre stage or moving pictures. 
 
 Class 37. — Sewer construction, deep excavation, tunnelling, shaft- 
 Blnking and well-digging. 
 
56 SECOND IN"TEEIM KEPOET OE THE ^o- ^^ 
 
 Class 38— Construction, Installation or operation of electric 
 power lines or appliances, and power transmission lines. 
 
 Class 39.— Construction of telegraph or telephone lines. 
 
 Class 40.— Road-making or repair of roads with machinery. 
 
 Class 41. — Construction of railways. 
 
 Class 42. — Shipbuilding, 
 
 Class 43. — Navigation. 
 
 Class 44. — Dredging, subaqueous construction or pile driving. 
 
1914 WOEKMEN'S COMPENSATIOX COMMISSION. 57 
 
 SCHEDULE 2. 
 
 Industries the Employees in which are Individually Liable to 
 Pay the Compensation. 
 
 1. The trade or business, as defined by subsection 3 of section 2, 
 of a municipal corporation, a public utilities commission, any other 
 commission having the management and conduct of any vyork or 
 service owned by or operated for a municipal corporation, a board 
 of trustees of a police village and a school board. 
 
 2. The construction and operation of railways operated by steam, 
 electric or other motive power, street railways and incline railways, 
 but not their construction when constructed by any person other 
 than the company which owns or operates the railway. 
 
 3. The construction and operation of car shops, machine shops, 
 steam and power plants and other works for the purposes of any 
 such railway or used or to be used in connection with it when con- 
 structed or operated by the company which owns or operates the 
 railway. 
 
 4. The construction and operation of telephone lines and works 
 for the purposes of the business of a telephone company or used or 
 to be used in connection with its business when constructed or op- 
 erated by the company. 
 
 5. The construction and operation of telegraph lines and works for 
 the purposes of the business of a telegraph company or used or to 
 be used in connection with its business when constructed or operated 
 by the company. 
 
 6. The construction and operation of steam vessels and works for 
 the purposes of the business of a navigation company or used or to 
 be used in connection with its business when constructed or operated 
 by the company. 
 
56 SECOXD IXTEEIM EEPOET OF T HE___ ^°- ^^ 
 
 Class 38.— Construction, Installation or operation of electric 
 power lines or appliances, and power transmission lines. 
 
 Class 39.— Construction of telegraph or telephone lines. 
 
 Class 40.— Road-making or repair of roads with machinery. 
 
 Class 41. — Construction of railways. 
 
 Class 42.— Shipbuilding. 
 
 Class 43. — Navigation. 
 
 Class 44. — Dredging, subaqueous construction or pile driving. 
 
1914 WOEIvMBN'S COMPENSATIOX COMMISSION. 57 
 
 SCHEDULE 2. 
 
 Industries the Emploters in which are iNDiviDtrALLT Liabm: to 
 Pay the Compensation. 
 
 1. The trade or business, as defined by subsection 3 of section 2, 
 of a municipal corporation, a public utilities commission, any other 
 commission having the management and conduct of any work or 
 service owned by or operated for a municipal corporation, a board 
 of trustees of a police village and a school board. 
 
 2. The construction and operation of railways operated by steam, 
 electric or other motive power, street railways and incline railways, 
 but not their construction when constructed by any person other 
 than the company which owns or operates the railway. 
 
 3 The construction and operation of car shops, machine ahops. 
 Steam and power plants and other works for the purposes of any 
 such railway or used or to be used in connection with it when con- 
 structed or operated by the company which owns or operates the 
 railway. 
 
 4 The construction and operation of telephone lines and works 
 for" the purposes of the business of a telephone company or used or 
 to be used in connection with its business when constructed or op- 
 erated by the company. 
 
 5 The construction and operation of telegraph lines and works for 
 the" purposes of the business of a telegraph company or used or to 
 be used in connection with its business when constructed or operated 
 by the company. 
 
 6 The construction and operation of steam vessels and works for 
 the" purposes of the business of a navigation company or used or to 
 be used in connection with its business when constructed or operated 
 by the company. 
 
58 
 
 SECOND INTEEIM EEPOET. 
 
 No. 53 
 
 SCHEDULE 3. 
 
 Description of Disease. 
 
 Description of Process. 
 
 Anthrax. 
 
 Lead poisoning or its 
 sequelae. 
 
 Mercury poisoning or Its 
 sequelse. 
 
 Phosphorus poisoning or 
 its sequelse. 
 
 Arsenic poisoning or its 
 sequelse. 
 
 Ankylostomiasis. 
 
 ades. 
 
 Handling of wool, hair, bristles, 
 and skins. V 
 
 » 1 ■ ^i. J",lead or 
 
 Any process involving the use of i 
 
 its preparations or compound^ 
 
 jftercury^ 
 
 Any process involving the use of j 
 
 or its preparations or compounj 
 
 fiercury 
 
 Any process involving the use of 
 
 phorous or its preparations or com?-' 
 pounds. 
 
 Any process involving the use of arsenic 
 or its preparations or compounds. 
 
 Mining. 
 
CORNELL UNIVERSITY LIBRARY 
 
 3 1924 054 569 474 
 

 Mi