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CHAPTER 287

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act in Respect to
Miners' Relief Societies

Short title

1 This Act may be cited as the Miners' Relief Societies Act. R.S., c. 287, s. 1.

Contribution from Consolidated Fund

2 (1) Whenever it appears to the satisfaction of the Governor in Council that

(a) any person or company operating a coal mine and the workers employed by such person or company have agreed to co-operate to establish or provide a society or fund for the relief of such workers in case of sickness, and for the relief of their dependants in case of the death of such workers;

(b) the workers employed by such person or company have established or are about to establish such society or provide such fund; or

(c) such person or company has provided or is about to provide such fund,

the Governor in Council may, out of the Consolidated Fund, contribute to such society or fund such amount as the Governor in Council may determine.

Terms and conditions of contribution

(2) Every such contribution shall be on such terms and subject to such conditions as the Governor in Council may prescribe, but no such contribution shall be made to any fund out of which payments are provided for any sickness or death in respect of which compensation is payable under the Workers Compensation Act. R.S., c. 287, s. 2.

Approval

3 The constitution and by-laws of any society to which such contribution may be made under this Act shall be subject to approval by the Governor in Council and the conditions under which payments are to be made out of any fund provided by any person or company as aforesaid shall be subject to like approval. R.S., c. 287, s. 3.

Exemption from attachment or execution

4 The relief given by any society or fund established under the authority of this Act shall be exempt from attachment and from levy under execution for debt of any kind. R.S., c. 287, s. 4.

Liability preserved

5 Nothing in this Act shall affect the liability of any person or corporation for damages or penalty resulting from any wrongful act, neglect or default. R.S., c. 287, s. 5.

Regulations

6 The Governor in Council is authorized to make such regulations as he deems necessary or desirable for the carrying out of any of the provisions of this Act. R.S., c. 287, s. 6.

Establishment of fund

7 (1) Where no relief association or fund is established or in operation in connection with any mine, it shall be lawful for a majority of the workers employed in or in connection with such mine to authorize the employer to deduct from the wages of each worker the sum of twenty-five cents per month as a contribution towards a fund to be used for the purpose hereinafter provided.

Majority decision binding

(2) If a majority of such workers authorize the employer to make such deductions it shall be binding upon all the workers of such employer engaged in or in connection with such mine, and the employer shall thereafter deduct from the wages of each worker twenty-five cents for each calendar month or fraction of such month that a worker works for such employer. R.S., c. 287, s. 7.

Contribution by employer

8 The employer shall, in such event, contribute an amount equal to the deductions made from the wages of the workers. R.S., c. 287, s. 8.

Payment to Workers Compensation Board

9 The amount so deducted from the wages of the workers and the amount to be contributed by the employer, shall be paid by the employer to the Workers Compensation Board. R.S., c. 287, s. 9.

Contribution from Consolidated Fund

10 (1) Wherever it appears to the satisfaction of the Governor in Council that a fund has been established in accordance with Sections 7, 8 and 9 and following Sections, the Governor in Council may out of the Consolidated Fund contribute to such fund such amount as the Governor in Council may determine.

Terms and conditions of contribution

(2) Such contribution shall be on such terms and subject to such conditions as the Governor in Council may prescribe, and the amount of such contribution shall be paid to the Workers Compensation Board. R.S., c. 287, s. 10.

Use of fund

11 The fund so created when paid to the Workers Compensation Board shall be used to pay relief money, according to the scale set forth in Part I of the Workers Compensation Act,

(a) to any worker, contributing to such fund, who, while on his employers working premises, in his capacity as a worker, or while in the course of his employment away from such working premises, receives personal injury by accident under circumstances which would not entitle him to compensation under Part I of the Workers Compensation Act;

(b) to the workers dependants where death results from such injury;

(c) where death results from such injury, for the necessary expenses of the burial of the worker, not exceeding seventy-five dollars. R.S., c. 287, s. 11.

Entitlement of injured worker

12 An injured worker entitled to compensation out of such fund shall be entitled to medical and surgical aid, hospital and skilled nursing services and artifical [artificial] appliances, to the same extent as a worker within the scope of Part I of the Workers Compensation Act. R.S., c. 287, s. 12.

Fund insufficient

13 If the fund is not sufficient for the purposes mentioned, the Board may reduce or suspend the amount of compensation payments, and in such case the worker shall not be entitled to medical aid or the other benefits hereinbefore mentioned, but should the fund in the opinion of the Board subsequently permit, the amounts withheld may in whole or in part be paid. R.S., c. 287, s. 13.

Liability of Board

14 The Board shall not be liable to make any payments except in so far as the fund will permit. R.S., c. 287, s. 14.

Common fund for mines

15 If the fund is created in connection with more than one mine, all contributions shall go into one common fund and such fund shall be used for the benefit of all workers contributing to such fund and their dependants. R.S., c. 287, s. 15.

Excess in fund

16 If it should subsequently appear to the satisfaction of the Governor in Council that the fund is more than sufficient for the purposes mentioned, additional benefits may by order in council be paid out of such fund. R.S., c. 287, s. 16.

Accident prior to fund

17 A majority of the workers of any mine may authorize the employer to make deductions from the wages of the workers for the purpose of extending the benefits herein provided to any worker or dependants, where the accident or death arose before the creation of such fund, whether before or after the passage of this Act, and in such case the authorization of a majority of the workers shall be binding upon all the workers, the employer shall make an equal contribution and the Governor in Council may out of the Consoldiated [Consolidated] Fund contribute for such special purpose such amount as the Governor in Council may determine. R.S., c. 287, s. 17.

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