CHAPTER 13. An Ordinance for the Protection of Miners. SHORT TITLE. 1. This Ordinance may be cited as "The Miners' Pro- Short title. tection Ordinance." No. 38 of 1901, s. 1. APPLICATION. 2. This Ordinance shall apply to every mine of whatever Application. description within the Yukon Territory. No. 38 of 1901, s. 2. INTERPRETATION. 3. In this Ordinance and in any special rules made Interpreta under the provisions of this Ordinance unless the context tion. otherwise requires: 1. "Mine" includes every shaft in the course of being "Mine." sunk, and every level and inclined plane in the course of being driven for commencing or opening any such mine, or for searching for or proving minerals, and all the shafts, levels, planes, works, machinery, tramways, railways and sidings both below and above ground, in and adjacent to a mine, and any such shaft, level, and inclined plane of and belonging to the mine; 66 2. Shaft" includes pit and slope; 3. "Inclined plane " includes slope; 66 'Shaft." "Inclined plane.' 46 'Plan." 4. "Plan" includes a map and section or sections, and a correct copy or tracing of any original plan as so defined; 5. " Owner," in relation to any mine means any person "Owner." 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 or rent from a mine, or is merely the proprietor of a mine subject to any lease, grant or license for the working thereof, or is merely the owner of the soil, and not interested in the minerals of the mine, but any contractor for the working of any mine or any part thereof shall be subject to this Ordinance in like manner as if he was an owner, but so as not to exempt the owner from any liability; 8-Y. o. "Agent." 6. "Agent" in relation to any mine means any person having on behalf of the owner, care or direction of any mine or other part thereof. No. 38 of 1901, s. 3. Commission Inspector. OFFICERS. 4. The Commissioner may from time to time appoint may appoint suitable, competent, practical persons to act as Inspectors under this Ordinance and may define the limits of the district within which each such inspector may perform his duties and exercise his powers. No. 38 of 1901, s. 4. Duties of Power of DUTIES OF INSPECTOR. 5. It shall be the duty of every Inspector : 1. To visit and inspect from time to time every mine within the district for which he is Inspector. 2. To ascertain that the provisions of this Ordinance and of any special rules made thereunder are complied with and that the mines are worked with due regard to the safety and protection of the persons employed therein. 3. To investigate every case where (a.) Loss of life or any personal injury to any person employed in or about any mine in such district occurs by reason of any explosion of gas, powder or other explosive or of any steam boiler, or, (b.) Loss of life or any serious personal injury to any person employed in or about any such mine occurs by reason of any accident whatever. 4. To report to the Commissioner of the Yukon Territory all information in regard to any such case and to notify the Public Administrator of every case of loss of life with all particulars in regard thereto. No. 38 of 1901, s. 5. INSPECTION. 6. The Inspector shall have power to do all or any of the following things, namely 1. To make such examination and inquiry as is necessary to ascertain whether the provisions of this Ordinance relating to matters above ground or below ground are complied with in the case of any mine; 2. To enter, inspect and examine any mine and every part thereof at all reasonable times by day and night but so as not to impede or obstruct the working of the mine; 3. To examine into and make inquiry respecting the state and condition of any mine or any part thereof, and the ventilation of the mine, and the sufficiency of any special rules for the time being in force in the mine and all matters and things connected with or relating to the safety of the persons employed in or about the mine or any mine contiguous thereto; 4. To exercise such powers as are necessary for carrying this Ordinance into effect. (2.) Every person who wilfully obstructs the Inspector in the execution of his duty under this Ordinance, and every owner, agent and manager of a mine who refuses or neglects to furnish to the Inspector the means necessary for making an entry, inspection, examination or inquiry under this Ordinance in relation to such mine, shall be guilty of an offence against this Ordinance. No. 38 of 1901, s. 6. 7. If in any respect (which is not provided against Proceeding if by any express provision of this Ordinance, or by any Inspectine to special rule) the Inspector finds any mine, or any part be dangerous. thereof, or any matter, thing or practice in or connected with any mine, to be dangerous or defective, so as in his opinion to threaten or tend to the bodily injury of any person, the Inspector may give notice in writing thereof to the owner, agent or manager of the mine, and shall state in such notice the particulars in which he considers such mine or any part thereof, or any matter, thing or practice, to be dangerous or defective, and require the same to be remedied; and unless the same is forthwith remedied the Inspector shall report the same to the Commissioner. (2.) If the owner, agent or manager fails to comply with the requisition of the notice within ten days from the date of such notice he shall be guilty of an offence against this Ordinance. (3.) The Commissioner, if satisfied that the owner, agent or manager has taken active measures for complying with the notice but has not with reasonable diligence been able to complete the works, may adjourn any proceedings taken before him for punishing the offence, and if the works are completed within a reasonable time no penalty shall be inflicted. (4.) No person shall be precluded by any agreement from doing such acts as are necessary to comply with the provisions of this section, or be liable under any contract to any penalty or forfeiture for doing such acts. No. 38 of 1901, s. 7. Inspector to 8. Where it appears to the Commissioner that a formal Commissioner investigation of any accident in any mine or of any matter may authorize connected with the working of any mine is expedient, the hold investig Commissioner may direct the Inspector to hold such inves- ation of tigation, and with respect to any such investigation the following provisions shall have effect : 1. The Inspector shall make such investigation in such manner and under such conditions as he thinks most effectual for the making of a full investigation. accidents. 2. The Inspector for the purposes of the investigation shall have all the powers of a commissioner appointed under Chapter 11 of the Consolidated Ordinances of the Yukon Territory, and all the powers conferred upon the Inspector by this Ordinance and as part thereof or in addition thereto the following powers, viz.: (a.) Power to enter and inspect any mine, building or place, the entry or inspection of which appears to the inspector expedient; (b.) Power by summons signed by the Inspector to require the attendance of any person and to require of such person such answers or returns to inquiries as the Inspector thinks fit; (c.) Power to require the production of any book, paper or document which the Inspector thinks important upon such investigation; (d.) Power to administer an oath. 3. Any person attending before the Inspector in obedience to any such summons shall be allowed the fee paid to a witness attending a trial in the Territorial Court. 4. Any person who without reasonable excuse either fails to comply with any summons requiring him to attend before the Inspector upon any such investigation or refuses to produce any document which he is required by the Inspector to produce, or prevents or impedes the Inspector when engaged in such investigation, shall for each offence be liable to a penalty not exceeding four hundred dollars or to imprisonment for a term not exceeding thirty days, and in addition thereto, may be proceeded against in the Territorial Court as for contempt of such court. 5. The Inspector shall make a report of such investigation which the Commissioner shall cause to be made public at such time and in such manner as he thinks fit. 6. Any expense incurred in and about any such investigation shall be paid out of the general revenue fund. No. 38 of 1901, s. 8 Provisions as to coroners' inquests. CORONERS' INQUEST. 9. With respect to coroners' inquests on the bodies of persons whose deaths may have been caused by explosions or accidents in mines, the following provisions shall have effect: 1. When a coroner holds an inquest on the body of any person whose death may have been caused by an explosion or accident, of which notice is required by this Ordinance to be given to the Commissioner or Inspector, the Coroner, whenever practicable, shall immediately notify the Inspector for the district of his intention to hold such inquest and in the absence, non-arrival or non-attendance of the Inspector, the Coroner shall adjourn such inquest whenever practi cable to enable the Inspector or some other properly qualified person appointed by the Commissioner to be present to watch the proceedings. 2. The Coroner at least four days before holding the adjourned inquest shall send to the Commissioner or to the Inspector for the district notice in writing of the time and place of holding such adjourned inquest. 3. The Coroner before the adjournment may take evidence to identify the body and may order the interment thereof. 4. The Inspector or such other person so a ppointed, and a person appointed by the workmen of the mine at which the explosion or accident occurred shall be at liberty at any such inquest to examine any witnesses, subject, nevertheless, to the order of the Coroner. 5. Where evidence is given at an inquest at which the Inspector or such other person so appointed is not present, of any neglect as having caused or contributed to the explosion or accident, or of any defect in or about the mine appearing to the Coroner or jury, to require a remedy, the Coroner shall send to the Inspector notice in writing of such neglect or defect. 6. Any person having a personal interest in, or employed in, or in the management of the mine in which the explosion or accident occurred, or any relative of the deceased person upon whose body the inquest is to be held shall not be qualified to serve on the jury empanelled on the inquest, or to act as Coroner therein, and it shall be the duty of the constable or other officer not to summons any person disqualified under this provision, and it shall be the duty of the Coroner not to allow any such person to be sworn or to sit on the jury. 7. If, in the opinion of the Inspector, it will lead to a more thorough investigation, and will be more conducive to the ends of justice, he may require the constable or other officer to summons as jurymen not more than three working men employed at any other mine than that at which the explosion or accident occurred, who shall form part of the jury sworn in such inquest. 8. Every person who fails to comply with the provisions of this section shall be guilty of an offence against this Ordinance. No. 38 of 1901, s. 9. EMPLOYMENT OF BOYS. mine. 10. No boy of or above the age of twelve years, and Boys not to be under the age of sixteen years shall be employed either employed in about or allowed to be for the purposes of employment in or about any mine below or above ground for more than forty-eight hours in any one week, or for more than eight hours in any one day except in case of accident or emergency. |