Shorthand. Absence of parties. be public. or premises of any kind, wherein, or in respect of which any industry is carried on or any work is being or has been done or commenced, or any matter or thing is taking place or has taken place, and which in any way relates to the dispute which has been made the subject of the reference to the Commission and inspect and view any work, material, machinery, appliance or article therein, and interrogate any persons in or upon any such building, mine, mine workings, ship, vessel, factory, workshop, place or premises as aforesaid, in respect of or in relation to any matter or thing hereinbefore mentioned, and any person who hinders or obstructs the Commission or any such person authorized as aforesaid, in the exercise of any power conferred by this section, shall be guilty of an offence and be liable on summary conviction to a penalty not exceeding one hundred dollars. 97. The Commission in its discretion may order that all or any part of its proceedings may be taken down in shorthand. 98. If, without good cause shown, any party to proceedings before the Commission fails to attend or to be represented, the Commission may proceed as if he had duly attended or had been represented. Proceedings to 99. The proceedings of the Commission shall be conducted in public; provided that at any such proceedings before it, the Commission, on its own motion, or on the application of any of the parties, may direct that the proceedings shall be conducted in private and that all persons other than the parties, their representatives, the officers of the Commission and the witness under examination shall withdraw. Award of majority. Award, signing and filing of. 100. The award of a majority of the members present at a sittings of the Commission shall be the award of the Commission. 101. The award of the Commission shall in every case be signed by the Chairman of the Commission, be sealed with the seal of the Commission and shall be filed with the Registrar of the Commission. ployment of. 102. The Commission with the consent of the Experts, emMinister may employ experts to make any examination into any matters material to the matters into which it is inquiring and to advise it in respect thereto. The results of such examination shall not be disclosed except with the consent of both the parties to the dispute or by direction of the Commission. tion of by Court. 103. (1) Until an award of the Commission Award, variahas been made an order of the Supreme Court as Commission or hereinafter provided, the Commission on the application of any of the parties or of its own motion and with or without notice to any party shall have full power and authority from time to time to add to, vary or otherwise amend as it deems just any award of the Commission and an award so varied or amended shall be binding and enforceable in like manner as an original award of the Commission. (2) After an award has been made an order of the Supreme Court as hereinafter provided, that Court on the recommendation of the Commission may add to, vary or otherwise amend as it deems just any such award and order and the award and order so varied and amended shall be binding and enforceable in like manner as the original award or order. strikes or in relation pro 104. (1) Notwithstanding any of the provisions Lockout, of Section 55 of this Act or of any other section of this terruption of Act, where under this Act a dispute has been the sub- hibited; penalject of a reference to the Board it shall be unlawful ties. for the employer or employers or any of them to declare or cause a lockout or for any of the employees to go on strike or to interrupt the relationship of employer or employee on account of such dispute during a period of one month from the receipt by the Minister of the report and recommendation of the Board. Where such dispute is referred under this Act to the Commission it shall also be unlawful after the expiration of said month for the employer or employers or any of them to declare or cause a lockout or for any of the employees to go on strike or to interrupt the relationship of employer or employee on account of such dispute. Award, effect and enforcement of. (2) If any employer violates any of the provvisions of this section such employer shall be liable on summary conviction to a penalty not exceeding five hundred dollars. If any employee violates any of the provisions of this section, and if any person aids, abets, incites, counsels or procures any employee to violate any of the provisions of this section he shall be liable on summary conviction to a penalty not exceeding fifty dollars. (3) A dismissal or suspension of any employees or the discontinuance of work by any employee shall be held to be a violation of this section unless the party charged with such violation proves that such dismissal, suspension or discontinuance was not on account of the dispute. (4) Every employer who dismisses from his employment any employee by reason merely of the fact that the employee is a member of a trade, employees, or labour union, society, association or organization, or who is proved to have dismissed such employee merely because he is entitled to the benefit of an award shall be held to have committed a breach of the award. An employee shall be deemed to be dismissed when he has been suspended for a longer period than ten days. (5) No employee shall be held to have violated any of the provisions of this Act or to have committed a breach of an award merely because he refuses to work or announces his intention to refuse to work at the rate of wages fixed by any award if he proves that such refusal was not in pursuance of an intention to violate any of the provisions of this Act or to commit a breach of the award. 105. Every employer and employee, a party to a dispute that has been referred to the Commission, shall be bound by the award of the Commission. The award shall be made an order of the Supreme Court on the application of any such employer or employee or of the Attorney-General on behalf of the Governor-in-Council and shall be enforcable by execution, attachment or otherwise as the Supreme Court may order. Whether or not such order is enforced under the provisions of this section, every employer and every employee who has violated or may violate any of the provisions of this Act shall be liable to the penalties therefor prescribed by this Act. employees 106. The award of the Commission by force of Award, what this Act shall extend to and bind every employee bound by. who is at any time whilst it is in force employed by any employer on whom the award is binding. ties for breach 107. If any employer commits any breach of the Award, penalaward such employer shall be liable on summary of. conviction to a penalty not exceeding five hundred dollars. If any employee commits any breach of the award and if any person aids, abets, incites, counsels or procures any employee to commit any breach. of the award he shall be liable on summary conviction to a penalty not exceeding fifty dollars. prejudical 108. Every person who prints or publishes any- Publication of thing calculated in any way to obstruct or interfere matter. with or prejudicially affect any matter before the Commission shall be liable on summary conviction to a penalty not exceeding one hundred dollars. need not show face. 109. (1) It shall not be necessary that any Documents award, notice, summons or proceeding of the Com-jurisdiction on mission shall show upon its face that any proceeding or notice was had or given or any circumstances existed necessary to give it jurisdiction to make such award. peachment or (2) An award, notice, summons, order or pro- Award, imceeding of the Commission shall not be impeached or review etc. of. held bad for want of form, nor shall the same be removable to any court by certiorari or otherwise; and no award, notice, summons, order or proceeding of the Commission shall be liable to be challenged, appealed against, reviewed, quashed or called in question by any court of judicature on any account whatsoever. 110. The Commission shall have power to make Rules of prac rules for the purpose of regulating the practice and tice. procedure of the Commission and the proceedings of the parties. Stated Case for 111. (1) The Commission may of its own motion or upon the application of any party to the dispute, on giving such security as the Commission directs, and shall upon the application of the Attorney General, state a case in writing for the opinion of the Supreme Court en banco upon any question which in the opinion of the Commission is a question of law. (2) The Supreme Court en banco shall hear and decide such question or questions. CHAPTER 2. An Act to Make Uniform the Law Respecting Life (Passed the 7th day of May, A. D., 1925.) Be it enacted, by the Governor, Council, and Assembly, as follows: SHORT TITLE. Short title. 1. This Act may be cited as The Life Insurance Act. INTERPRETATION. Interpretation. 2. In this Act, unless the context otherwise requires: (1) "Beneficiary" means a person designated or appointed as one to whom or for whose benefit insurance money is to be payable (2) "Contract" or "contract of insurance" means a contract of life insurance (3) "Contract of life insurance" means a contract by which the insurer undertakes with the insured to pay insurance money contingently on the death, or on the duration of the life, of a designated human being. |