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CHAPTER 16.

An Ordinance to make Regulations with respect to

THE

Coal Mines.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Coal Mines Regulations Ordinance." C.O., c. 16, s. 1.

INTERPRETATION.

2. In this Ordinance unless the context otherwise requires

1. The expression "mine" includes every shaft in the course of being sunk, and every level and inclined plane in the course of being driven for commencing or opening any coal mine, and all the shafts, levels, planes, works, machinery, tramways and sidings, both below ground and above ground, in and adjacent to a coal mine, and any such shaft, level and inclined plane belonging to such coal mine;

2. The expression "shaft" includes pit;

3. The expression "plan" includes a map and cross section and a correct copy or tracing of any original plan as so defined;

Short title

Interpretation

"Mine"

"Shaft"

"Plan"

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

5. The expression "agent" when used in relation to any mine means any person having on behalf of the owner care or direction of any mine or of any part thereof, and superior to a manager appointed in pursuance of this Ordinance;

6. The expression "Commissioner" means the Commissioner of Public Works for the Territories;

"Agent"

"Commis

sioner"

"Inspector"

"Manager"

"Pit boss" and "fire boss"

"Board"

Register of employees

Production of

Persons not permitted in mines

Entrance to

mine or com

parts

7. The expression "inspector" means an inspector appointed under the provisions of this Ordinance;

8. The expression "manager" means a manager holding a certificate of competency under the provisions of this Ordinance;

9. The expression "pit boss" and "fire boss" mean respectively a pit boss and fire boss holding certificates as such issued under the provisions of this Ordinance;

10. The expression "board" means the board of examiners provided by this Ordinance. C.O., c. 16, s. 2.

EMPLOYMENT OF PERSONS IN COAL MINES-PRECAUTIONS FOR

SAFETY.

3. The owner, agent or manager of every mine to which this Ordinance applies shall keep in the office at the mine a register and shall cause to be entered in such register the name, age, residence and date of first employment of all persons employed in connection with the mine, and shall produce such register to any inspector under this Ordinance at all reasonable times when required by him, and allow him to inspect and copy the same. C.O., c. 16, s. 3.

[4. (1) Repealed.]

(2) No boy under the age of twelve years nor any woman or girl of any age shall be employed or be permitted to be in the workings of any mine.] 1899, c. 4, s. 1; 1900, c. 3, s. 1.

5. When there is a shaft or inclined plane or level in any munication with mine to which this Ordinance applies, whether for the purpose of an entrance to such mine or of a communication from one part to another of such mine, and persons are taken up or down or along such shaft, plane or level by means of an engine, windlass or gin, driven or worked by steam or mechanibe in charge of cal power or by an animal or by manual labour, a person shall not be allowed to have charge of such engine, windlass or gin or of any part of the machinery, ropes, chains, or tackle connected therewith unless he is a male of at least eighteen years of age. C.O., c. 16, s. 5.

Who shall not

machinery, etc.

Failure to comply with registration or

employment regulations is an offence

against Ordinance

6. If any person contravenes or fails to comply with or permits any person to contravene or fail to comply with any provision of this Ordinance with respect to the registration of persons employed in such mine or to the employment of persons about any engine, windlass or gin, he shall be guilty of an offence against this Ordinance; and in case of any such contravention or non-compliance by any person whomsoever the

owner, agent and manager shall each be guilty of an offence against this Ordinance. C.O., c. 16, s. 6.

tion as to age

7. If it appears that a person employed in any mine or about Misrepresentaan engine, windlass or gin connected therewith was employed on the representation of his parent or guardian that he was of that age at which his employment would not be in contravention of this Ordinance, and under the belief in good faith. that he was of that age the owner, agent or manager of the mine and employer shall be exempt from any penalty in case it shall appear that the person so employed was not of such age and the parent or guardian making such false representation shall be deemed guilty of an offence against this Ordinance. C.O., c. 16, s. 7.

8. Notwithstanding any contract or agreement to the contrary the owner, agent or manager of a mine to which this Ordinance applies shall not employ any person in such mine or permit any person to be in such mine for the purpose of employment therein unless there are in communication with every seam of such mine for the time being at work at least two shafts or outlets separated by natural strata of not less than ten feet in breadth, by which shafts or outlets means of ingress and egress are available to the persons employed in such seam whether such two shafts or outlets belong to the same mine or one or more of them belong to another mine, and unless there is a communication of not less than four feet wide and three feet high between such two shafts or outlets, and unless there is at each of such two shafts or outlets or upon the works belonging to the mine and either in actual use or available for use within a reasonable time proper apparatus for raising or lowering persons at each such shaft or outlet:

Provided that such separation shall not be deemed incomplete by reason only that openings through the strata between the two shafts or outlets have been made for temporary purposes of ventilation, drainage or otherwise, or in the case of mines where inflammable gas has not been found within the preceding twelve months for the same purposes although not temporary. C.O., c. 16, s. 8.

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of foregoing by owner, agent or

9. Every owner, agent, or manager of a mine who acts in Contravention contravention of or fails to comply with the last preceding section shall be guilty of an offence against this Ordinance manager C.O., c. 16, s. 9.

10. The Supreme Court or any judge thereof whether any Working of mine may be other proceedings have or have not been taken may upon the prohibied application of any person authorised thereto by the commissioner prohibit by injunction the working of any mine in which any person is employed or is permitted to be for the

When

provisions as to

purpose of employment in contravention of section 8 hereof and may award such costs in the matter of the injunction as the court or judge thinks just; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisons of this Ordinance.

(2) Written notice of the intention to apply for such injunction in respect of any mine shall be given to the owner, agent or manager of such mine not less than ten days before the application is made. C.O., c. 16, s. 10.

11. The provisions of this Ordinance with respect to shafts shafts shall not or outlets shall not apply in the following cases, that is to say:

apply

Parts of mine worked separately treated as

separate mines

Objection to division of mine into parts

1. In the case either of opening a new mine for the purpose of searching for or proving minerals or of any working for the purpose of making a communication between two or more shafts, so long as not more than twenty persons are employed below ground at any one time in the whole of the different seams in connection with each shaft or outlet in such new mine or such working;

2. In the case of any proved mine so long as it is exempted in writing by the commissioner on the ground either

(a) If the mine is not a mine with inflammable gas, that sufficient provision has been made against danger from other causes than explosions of gas by using stone, brick, or iron in the place of wood for the lining of the shaft and the construction of he mid-wall;

or

(b) That the workings in any seam of a mine have reached the boundary of the property or other extremity of the mineral field of which such seam is a part, and that it is expedient to work away the pillars already formed in course of the ordinary working,

and so long as there are not employed below ground at any one time in the whole of the different seams in connection with the shaft or outlet in any such mine more than ten persons, or (if the mine is not a mine with inflammable gas) then such larger number of persons as may for the time being be allowed by the commissioner. C.O., c. 16, s. 11.

12. Where two or more parts of a mine are worked separately the owner, agent or manager of the mine shall give notice in writing to that effect to the commissioner, and thereupon each such part shall for all the purposes of this Ordinance be deemed to be a separate mine.

(2) If the commissioner is of opinion that the division of a mine in pursuance of this section will permit of the evasion of the provisions of this Ordinance or in any way prevent the carrying of this Ordinance into effect, he may object to such di

vision by notice served on the owner or agent of the mine. C.O., c. 16, s. 12.

MANAGERS OF MINES.

13. Every mine to which this Ordinance applies shall except as hereinafter provided be under the control and daily supervision of a manager who has obtained a certificate of competency in accordance with the provisions of this Ordi

nance.

(2) If any mine to which this Ordinance applies is worked for more than thirty days without there being such a manager the owner and agent of such mine shall each be guilty of an offence against this Ordinance.

Daily supermanager

vision of

Penalty for

working with

out manager

(3) A mine in which less than twenty persons are ordinarily Exemption employed below ground shall be exempt from the provisions of this section unless the commissioner by notice in writing served on the owner or agent of such mine requires the same to be under the control of a manager. C.O., c. 16, s. 13.

Contractor

14. A contractor for the mining of coal or a person employ- Cannot be a ed by such contractor shall not be eligible for the position of manager manager in any mine operated under the provisions of this Ordinance. C.O., c. 16, s. 14.

15. A certificate of competency as a manager in form approved by the commissioner may be issued by the commissioner to any person who is entitled thereto under the provisions of this Ordinance, but no such certificate shall be issued to any person who has not had five years' practical experience of coal mining operations under ground. C.O., c. 16, s. 15.

Certificate of manager

certificate

16. Every person to whom a certificate of competency as a Recording of manager is issued shall be duly recorded as the holder of such certificate and shall pay therefor to the commissioner a fee of $5. C.O., c. 16, s. 16.

Granting

17. Every person holding a first class certificate of compe- certificates tency as a manager of coal mines obtained by examination in to persons holding foreign any province of Canada or other part of Her Majesty's do- certificates minions or in the United States of America may apply to the commissioner to be granted a certificate of competency under the provisions of this Ordinance. Such application shall be accompanied by the certificate or certificates held by the applicant and he shall furnish such further proof as to his practical experience, ability, sobriety and general good conduct as the commissioner may require. If the certificates forwarded with such application and the further proof required as to practical knowledge, sobriety and general good conduct are of a satisfactory character the commissioner may issue a certifi

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