Miners' Relief Societies Act

Link to law: http://nslegislature.ca/legc/statutes/minersrf.htm
Published: 2016-01-05

Miners' Relief Societies Act

CHAPTER 287 OF THE REVISED STATUTES, 1989

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 inCouncil that

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

(b) the workers employed by such person or company haveestablished or are about to establish such society or provide suchfund; or

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

the Governor in Council may, out of the Consolidated Fund, contributeto such society or fund such amount as the Governor in Council maydetermine.

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

Approval
3 The constitution and by-laws of any society to which suchcontribution may be made under this Act shall be subject to approval bythe Governor in Council and the conditions under which payments are tobe made out of any fund provided by any person or company as aforesaidshall 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 theauthority of this Act shall be exempt from attachment and from levyunder 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 orcorporation 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 ashe deems necessary or desirable for the carrying out of any of theprovisions of this Act. R.S., c. 287, s. 6.

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

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

Contribution by employer
8 The employer shall, in such event, contribute an amount equal tothe 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 theamount to be contributed by the employer, shall be paid by the employerto 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 inCouncil that a fund has been established in accordance with Sections 7,8 and 9 and following Sections, the Governor in Council may out of theConsolidated Fund contribute to such fund such amount as the Governorin Council may determine.

Terms and conditions of contribution
(2) Such contribution shall be on such terms and subject to suchconditions as the Governor in Council may prescribe, and the amount ofsuch 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 CompensationBoard shall be used to pay relief money, according to the scale set forthin Part I of the Workers Compensation Act,

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

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

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

Entitlement of injured worker
12 An injured worker entitled to compensation out of such fund shallbe entitled to medical and surgical aid, hospital and skilled nursingservices and artifical [artificial] appliances, to the same extent as aworker 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 Boardmay reduce or suspend the amount of compensation payments, and insuch case the worker shall not be entitled to medical aid or the otherbenefits hereinbefore mentioned, but should the fund in the opinion of theBoard subsequently permit, the amounts withheld may in whole or in partbe paid. R.S., c. 287, s. 13.

Liability of Board
14 The Board shall not be liable to make any payments except in sofar 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, allcontributions shall go into one common fund and such fund shall be usedfor the benefit of all workers contributing to such fund and theirdependants. R.S., c. 287, s. 15.

Excess in fund
16 If it should subsequently appear to the satisfaction of the Governorin 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 employerto make deductions from the wages of the workers for the purpose ofextending 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 theauthorization of a majority of the workers shall be binding upon all theworkers, the employer shall make an equal contribution and the Governorin Council may out of the Consoldiated [Consolidated] Fund contributefor such special purpose such amount as the Governor in Council maydetermine. R.S., c. 287, s. 17.
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