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CHAPTER 26.

An Act to Amend the Workmen's Compensation Act
of Nova Scotia," being Chapter 1 of the
Acts of 1915, and Acts in Amend-
ment Thereof.

(Passed the 29th day of April, A. D., 1922).

Be it enacted by the Governor, Council, and Assembly, as follows:

as amended by

61, 1919,

1. Section 2 sub-section (f) as amended by Sec- Sec. 2, 8. 9. tion 2 of Chapter 61 of the Acts of 1919 is amended Sec. 2. Chap. by inserting after the word "includes" in the 6th line amended. the words, "a receiver, liquidator, executor, administrator, and any person appointed by a Court or a Judge who has authority to carry on an industry."

as amended by

2. Section 2 sub-section (n), as amended by Sec- Sec. 2, s. 8. (a) tion 3 of Chapter 70 of the Acts of 1917, is amended Sec. 8, Chap. by adding thereto the following:

"A receiver, liquidator or other person, appointed by a Court or a Judge with power to manage or carry on the business of a company for winding up or other purposes, shall not be deemed a workman.

70, 1917,
amended.

3. Section 2 is amended by adding thereto the fol- Sub-section lowing sub-section :

(r) the word "widow" and the words "invalid widower", in Section 35, refer to the widow or invalid widower of a workman whose death results from an accident compensable under Part 1.

added to
Sec. 2.

amended by

4. Section 15, as amended by Section 7 of Chapter Sec. 15, as 61 of the Acts of 1919, and by Section 6 of Chapter 42 of the Acts of 1920, is amended as follows:

(a) by striking out the word "injury" in the last line of the original Section 15, and substituting therefor the word "accident;"

(b) by adding the following sub-section:

Sec. 7. Chap.

61, 1919 and Sec. 6, Chap. 42, 1920, amended.

Sec. 35, 8. 8. (1)

(4) If an accident causes injury, for which the workman receives medical aid within 30 days, but disability compensable under this Part does not arise until after the expiration of twelve months from the date of the accident, after which period disability of a serious and permanent nature does arise, the Board may, in its discretion, if satisfied that the disability is the result of the injury, extend the times mentioned in sub-section (1) and (2) of this section. This section shall take effect retroactively as of January 1st, 1920. .

5. Section 35, sub-section (1) (c), as amended by (c) as amended Section (1) of Chapter 42 of the Acts of 1920, is Chap. 42, 1920, amended by adding thereto the following:

by Sec. (1),

amended.

Sec. 44, 8. 8. 2,

as amended by

"A widow, entitled to compensation by reason of the death of her husband, or an invalid widower entitled to compensation by reason of the death of his wife, shall not be entitled to any further compensation as a dependent of any other workman whose death results from an accident, and any compensation payable to such widow or invalid widower, in any capacity other than that of a widow or invalid widower, shall cease when such widow or invalid widow becomes entitled to compensation as a widow or invalid widower."

6. Section 44, as amended by Section 14 of ChapSec. 14, Chap. ter 61 of the Acts of 1919, is amended by adding to sub-section (2) the following words:

61, 1919,

amended.

Sec. 46, s. 8. (1)

as amended by

"In the case of a child under sixteen any compensation payable to such child may, in the discretion of the Board, be paid to the institution to which such child has been committed."

7. Section 46, sub-section (1), as amended by SecSec. 15, Chap. tion 15, Chapter 70, of the Acts of 1917, is amended by adding there to the following words:

70, 1917,

amended.

"In the case where the Board is of opinion that any workman, entitled to compensation under this Part, is likely to use the money in gambling, or otherwise than for the benefit of his wife or his children or persons de

pendent upon such workman, the board in its discretion may withhold or suspend the payment of compensation for such period as the board deems advisable. Where compensation is so withheld the board may, in its discretion, pay such compensation so withheld or any portion thereof to the wife or children or to any person who was or any persons who were at the time of the accident dependent upon such injured workman, or such compensation may be paid to a trustee appointed by the board to be expended for the benefit of the workman, his wife or children or persons dependent upon him.

amended by

8. Section 68, as amended by Section 18 of Chap- Sec. 68, as ter 45 of the Acts of 1918, is amended by adding sec. 18, Chap. thereto the following:

"The board may enter judgment as provided by this section against the executors or administrators of a deceased person for the amount due upon any assessment made upon the deceased in his lifetime or made upon the executors or administrators of his estate with respect to an industry carried on by the deceased in his lifetime, and it shall not be necessary to obtain leave of any Court or Judge for such purpose.'

45, 1918, amended.

amended by

70, 1917 and

9. Section 74, amended by Section 20 of Chapter Sec. 74, as 70 of the Acts of 1917, and Section 20 of Chapter 45 Sec. 20, Chap. of the Acts of 1918, and Section 10 of Chapter 42 of Sec. 20, Chap. the Acts of 1920, is amended by adding thereto the sec. 10, Chap. following sub-section :

(4) In any case where a principal is or may become liable for an assessment with respect to work carried on by a contractor, the principal shall be entitled to withhold from any moneys payable to the contractor such amount as the board may estimate as the probable amount for which the principal is or may become liable, and in any action that the contractor may bring against the principal, the principal shall have the right to offset such amount, and the contractor shall not be entitled to recover from the principal any portion of same, but after final adjustment by the board of the amount due with respect to the work carried on by the contractor, the contractor shall be entitled to

45, 1918 and

42, 1920, amended.

Sec. 76, as

amended by

any amount still remaining in the hands of the principal after payment of the amount due the board. As between the contractor and sub-contractor, the contractor shall be deemed a principal.

10. Section 76, as amended by Section 21 of Chap

Sec. 21, Chap. ter 45 of the Acts of 1918, is amended

45, 1918, amended.

Sec. 83, amended.

Sec. 11, as amended by Sec. 8, Chap. 7, 1916, amended.

(a) by inserting after the words "in connection with" in the 4th line of sub-section (2) the words "or produced in or by" and by adding after the word "assessed" in the fifth line the words "though not owned by the employer";

(b) and by inserting before the last sentence in the said sub-section (2) the following sentence:

"Any real estate of an employer, that may not be otherwise bound by or subject to a lien created by this Part, shall be bound to the same extent as a registered judgment or mortgage, by any assessment made under this Part against such employer, from the date of the lodging of a certified copy of such assessment in the Registry of Deeds for the district in which such real estate is situated, and any judgment entered with respect to such assessment shall bind such property from the date of the lodging of such assessment so certified. The Registrar of Deeds shall record such copy of assessment.'

11. Section 83 is amended by adding thereto the following:

"Provided, however, that the board upon the application of an employer may upon such terms and conditions as the board may impose admit the industry in which such laborers or servants are employed, and in case of such admission and while such admission is in force, such industry and the workmen and servants engaged therein shall be within the scope of this Part and shall be subject to all the provisions of this Part and of regulations made by the board."

12. Section 11, as amended by Section 8 of Chapter 7 of the Acts of 1916, is amended by striking out all the words after "workman" in the fourth line and

substituting therefor the following words: "for or by reason of any accident in respect of which compensation is payable hereunder or which arises in the course of the workman's employment in an industry under this Part at the time of the accident, and no action in respect to such accident or any injury arising therefrom shall lie." This section shall not apply where the workman and the work he was engaged in at the time of the accident were not within the operation of this Part.

CHAPTER 27.

An Act to Amend Chapter 13, Acts of 1915, Respecting an Annuity to Mary MacPherson.

(Passed the 29th day of April, A. D., 1922).

Be it enacted by the Governor, Council, and Assembly, as follows:

Sec. 1,

1. Section 1 of Chapter 13 of the Acts of 1915 is amended by striking out the word "nine" in the third amended. line of said section and substituting therefor the word "twelve."

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