CHAPTER 136 Factories Act - BC Laws

1960 Factories Chap. 136

Title.

Interpretation.

Parts of factory.

Parts of factory premises.

Premises in open air.

CHAPTER 136

Factories Act

1. This Act may be cited as the Factories Act. R.S. 1948, c. 115, s. 1.

Interpretation

2. (1) In this Act, unless the context otherwise requires,“ Court of summary jurisdiction ” means the Justices of the Peace

or Stipendiary or Police Magistrate, as the case may be, to whom jurisdiction is given by this Act to hear and determine prosecutions under this Act;

“ employer ” means a person who, in his own behalf or as the manager, superintendent, overseer, or agent for any person, has charge of a factory and employs persons therein;

“factory” means any building, workshop, structure, premises, room, or place wherein articles, materials, fabrics, or compounds are manufactured, altered, repaired, ornamented, finished, transformed, broken up, demolished, or adapted for sale or use, and, without limiting the generality of the foregoing, includes shipyards, passenger and freight elevators, escalators and dumb-waiters, laundries, dyeing, cleaning, or pressing establishments, and any building, workshop, structure, premises, room, or place where electricity or motive power of any kind is generated, transformed, or transmitted;

“ Inspector ” means an Inspector appointed for the purpose of carrying out this Act;

“ public service laundry ” means a laundry where the labour, save for supervision, administration, and maintenance, is supplied by the customer, and the process involved is the washing and drying only of clothes, fabrics, or other goods, in individual bundles, in washing-machines;

“ week ” means the period between midnight on Sunday night and midnight on the succeeding Saturday night.

(2) A part of a factory may be taken to be a separate factory, and a place used as a dwelling shall not be deemed to form part of a factory.

(3) Where a place, situate within the close or precincts forming a factory, is solely used for some purpose other than the manufacturing process or handicraft carried on in the factory, such place shall not be deemed to form part of that factory, but shall, if otherwise it would be a factory, be deemed to be a separate factory and be regulated accordingly.

(4) Any premises or place shall not be excluded from the definition of a factory by reason only that such premises' or place are in the open air.

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Chap. 136 Factories 9 Eliz. 2

Indirect employment through a contractor.

(5) Where an owner, occupier, or tenant of a building, workshop, structure, premises, room, or place, who has the right of access thereto and control thereof, lets, or hires out, or contracts for, work or labour to be done therein by any other person, and the other person engages or employs therein any person in or for the carrying-out or performing of the work or labour, or any part thereof, every such person shall be considered and taken as being in the service and employment of the owner, occupier, or tenant. R.S. 1948, c. 115, s. 2; 1951, c. 27, ss. 2-5.

Lieut.- Governor in Council may prohibit employment of boys and girls.

Presence of person in factory prima facie evidence of employment.

Person who does any work in a factory to be deemed employed therein.

Apprentices.

PART I

Employment in Factories

Employees and Workers

3. The Lieutenant-Governor in Council may from time to time, by Order, notice of which shall be published in the Gazette, prohibit the employment of girls under the age of eighteen years and of boys under the age of sixteen years in factories, the work in which is deemed by the Lieutenant-Governor in Council to be dangerous or unwholesome. R.S. 1948, c. 115, s. 5.

4. (1) If a person is found in a factory except at meal-times or while all the machinery of the factory is stopped, or for the sole purpose of bringing food to the persons employed in the factory, such person shall, until the contrary is proved, be deemed for the purpose of this Act to have been then employed in the factory.

(2) Yards, playgrounds, and places open to the public view, waiting- rooms and other rooms belonging to the factory in which no machinery is used or manufacturing process carried on, shall not be taken to be any part of the factory within the meaning of this section. R.S. 1948, c. 115, s. 7.

5. (1) A person who works in a factory, whether for wages or not, either in the manufacturing process or handicraft, or in cleaning any part of the factory used for any manufacturing process or handicraft, or in cleaning or oiling any part of the machinery, or in any other kind of work whatsoever incidental to or connected with the manufacturing process or handicraft or connected with the article made, or otherwise the subject of the manufacturing process or handicraft therein, shall, save as otherwise provided by this Act, be deemed to be employed in the factory within the meaning of this Act.

(2) For the purpose of this Act, an apprentice shall be deemed to work for hire. R.S. 1948, c. 115, s. 8; 1951, c. 27, s. 13.

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19.60

Meals.

Sanitaryconditions.

Overcrowding.

Ventilation.

Factories Chap. 136

6. If the Inspector so directs in writing, the employer shall not allow any employee to take meals in any room wherein any manufacturing process is carried on; and if the Inspector so directs in writing, the employer shall, at his own expense, provide a suitable room in the factory, or in connection therewith, together with the necessary equipment, satisfactory to the Inspector for the purpose of a dining and eating room for the persons employed in the factory. R.S. 1948, c. 115, s. 11; 1951, c. 27, s. 16.

Provisions for Ensuring Health and Safety

7. Every factory shall be kept in a cleanly state and free from effluvia arising from any drain, privy, or any nuisance. R.S. 1948, c. 115, s. 16.

8. (1) A factory shall not be so overcrowded while work is carried on therein as to be injurious to the health of the persons employed therein, and a notice shall be posted in each room specifying the number of employees who shall be allowed to work in the room.

(2) There shall be allowed for the employees in a room an average space of not less than three hundred cubic feet. R.S. 1948, c. 115, s. 17.

9. (1) Every factory shall be ventilated in such a manner as to render harmless, so far as reasonably practicable by ventilation, all the gases, vapours, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein that may be injurious to health.

(2) Where any process is carried on in a factory by which gases, vapours, or dust are or is generated and inhaled by the workers to an injurious extent, if such inhalation can be by mechanical means prevented or partially prevented, the Inspector may,

(a) subject to such regulations (if any) as are made in that behalf, direct that such means for the prevention or partial prevention of the inhalation of dust shall be provided within a reasonable time by the employer, who in that case shall be bound so to provide them; or

(b) direct the employer to install proper facilities to carry olf gases, vapours, or dust by exhaust-fans, blowers, or other suitable devices which in the opinion of the Inspector are efficient and satisfactory to dispose of such gases, vapours, or dust.

(3) No factory operation which creates gases, vapours, or dust shall be situated in the basement of any building unless it can be shown to the satisfaction of the Inspector that the air-spaces are sufficient and the ceiling or roof is of such height that an effective system of ventilation can be installed and operated to dispose of such gases, vapours, or dust. R.S. 1948, c. 115, ss. 18, 22 (altered); 1951, c. 27, ss. 18, 19.

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Chap. 136 Factories 9 Etta. 2

Sanitaryconveniences.

Cleanliness.

Number of conveniences.

Employer to remedy omission on notice.

Persons occupying same premises.

Inspector may call physician’s assistance.

Penalty for keeping factory so that safety of employees is endangered.

Accidentprevention.

10. (1) In every factory there shall be provided and maintained a sufficient number of sanitary conveniences for the employees of the factory.

(2) The sanitary conveniences shall at all times be kept clean and well ventilated, and separate sets thereof shall be provided for the use of male and female employees, and they shall have separate approaches and entrances.

(3) One sanitary convenience and one urinal shall be provided for every twenty-five males or fraction of that number, and one sanitary convenience for every twenty females or fraction of that number. R.S. 1948, c. 115, s. 19.

11. In every factory where, contrary to the provisions of this Act, there is any omission, act, neglect, or default in relation to any overcrowding, ventilation, drain, privy, earth-closet, ash-pit, water-closet, water-supply, nuisance, or other matter, whereby the health of persons employed in the factory may be affected, the employer shall within a reasonable time take such action thereon as the Inspector, acting under the regulations (if any) made in respect of. such subjects, notifies the employer to be proper and necessary. R.S. 1948, c. 115, s. 21.

12. Where two or more persons occupy or use the same room or premises for carrying on any work or business, within the meaning of this Act, and employ in the aggregate four persons or more, no one of such persons employing so many as four, each of the several employers is responsible for providing proper and sufficient water-closets and other requirements set forth in sections 7 to 11, inclusive, which sections apply to each and every such employer, as if they were partners in all the work or business of the said room or premises. R.S. 1948, c. 115, s. 24.

13. The Inspector may, for the purposes of sections 7 to 12, inclusive, take with him into any factory a physician, or a health officer, or other officer of the local sanitary authority. R.S. 1948, c. 115, s. 25.

14. It is not lawful to keep a factory so that the safety of any person employed therein is endangered or so that the health of any person employed therein is likely to be permanently injured, and whoever so keeps a factory is, on summary conviction, liable to imprisonment for a period of not more than twelve months, or to a fine of not more than five hundred dollars with costs of prosecution; and, in default of immediate payment of such fine and costs, to imprisonment as aforesaid. R.S. 1948, c. 115, s. 26.

15. In every factory(a) the opening of every hoistway, hatchway, elevator, or well-

hole shall be, at each floor, provided with and protected by good and sufficient trap-doors or self-closing hatches and safety-catches, or by such other safeguards as the Inspector

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Contravention of s. 15.

Notice of fire or accident to be given to Inspector.

Notice of explosion.

Notice of death or fatal injury.

Power to make regulations, appoint Inspectors, and vary Sch. A.

directs; and the trap-doors shall be kept closed at all times, except when in actual use by persons authorized by the employer to use the same;

(b) all elevator cabs or cars, whether used for freight or passengers, shall be provided with some suitable mechanical device, approved by the Inspector, whereby the cab or car will be securely held in the event of accident to the shipper, rope, or hoisting machinery, or from any similar cause;

(c) any other particulars which any Inspector from time to time considers dangerous, and in regard to which he gives notice to that effect to the employer, shall likewise, as far as practicable, be secured or securely guarded. R.S. 1948, c. 115, s. 27; 1951, c. 27, s. 21.

16. A factory in which there is a contravention of the last preceding section or of the regulations made for the enforcement of the same shah be deemed to be kept unlawfully and so that the safety of the persons employed therein is endangered. R.S. 1948, c. 115, s. 28.

17. In case of a fire or accident in a factory, occasioning any bodily injury to any person employed therein, whereby he is prevented from working for more than six days next after the fire or accident, a notice shall be sent to the Inspector in writing by the employer forthwith after the expiration of the said six days; and if such notice is not so sent, the employer is liable to a fine not exceeding thirty dollars. R.S. 1948, c. 115, s. 31.

18. In case of an explosion occurring in a factory, whether any person is injured thereby or not, the fact of the explosion having occurred shall be reported to the Inspector in writing by the employer within twenty-four hours next after the explosion takes place; and if such notice is not so sent, the employer is liable to a fine not exceeding thirty dollars. R.S. 1948, c. 115, s. 32.

19. Where in a factory a person, from any cause, is killed or is injured in a manner likely to prove fatal, written notice of the accident shall be sent to the Inspector within twenty-four hours after the occurrence thereof; and if such notice is not so sent, the employer is liable to a fine not exceeding thirty dollars. R.S. 1948, c. 115, s. 33.

Powers of Lieutenant-Governor in Council

20. The Lieutenant-Governor in Council may from time to time, for the purpose of carrying out this Act,

(a) make such rules, regulations, and orders for enforcing its provisions and for the conduct and duties of the Inspector as may be deemed necessary;

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Fee for elevator inspection.

Elevatorlicences.

Issue of licences.

Appointment of staff.

Powers of Inspector.

(b) designate and assign, in respect of any Inspector, the locality in and for which he is to be the Inspector under this Act;

(c) by Proclamation published in the Gazette, add to or remove from Schedule A such description of premises as he deems necessary or proper. R.S. 1948, c. 115, s. 34.

21. For every inspection of an elevator made by the Inspector under this Act, the owner or person in charge of the building shall pay such fees as may be fixed by the Lieutenant-Governor in Council. R.S. 1948, c. 115, s. 35.

22. (1) No person shall operate, nor shall any employer permit any person to operate, an elevator used for the carriage of passengers unless that person is the holder of a licence therefor issued by the Inspector or by a person authorized in that behalf by the Lieutenant-Governor in Council.

(2) The issue of licences to operators of elevators shall be governed by such rules and regulations as may from time to time be made by the Lieutenant-Governor in Council, but in no case shall any such licence be issued to any person under the age of eighteen years or to any person who cannot read, speak, and write the English language. R.S. 1948, c. 115, s. 36; 1951, c. 27, s. 23.

Administrative Staff

23. Such Inspectors, officers, clerks, and employees as are required for the purpose of carrying out this Act may be appointed pursuant to the provisions of the Civil Service Act, all of whom shall hold office during pleasure. R.S. 1948, c. 115, s. 37.

Powers and Duties of Inspectors

24. The Inspector has, for the purposes of the execution of this Act, and for enforcing the regulations made under the authority thereof, power to do all or any of the following things, namely:—

(a) To enter, inspect, and examine at all reasonable times, by day or night, any factory and any part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter by day any place which he has reasonable cause to believe to be a factory:

(b) To require the production of any register, certificate, notice, or document required by this Act to be kept, and to inspect, examine, and copy the same:

(c) To take with him a constable into a factory in which he has reasonable cause to apprehend any serious obstruction in the execution of his duty:

(d) To make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with:

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Employer and servants to aid Inspector.

Obstructing the Inspector.

Penalty for obstructing Inspector.

Obstruction in a factory.

Inspector to obtain special authority to enter adwelling without consent of occupier.

(e) To examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in a factory or whom he has reasonable cause to believe to be, or to have been within the then last two preceding months, employed in a factory, and to require such person to be so examined and to sign a declaration of the truth of the matters respecting which he is examined:

(/) To inspect and examine at all reasonable times, by day or night, any elevator in or about any building (and for the purposes of this clause every building containing an elevator shall be deemed to be a “ factory ”), and to prohibit the use or operation of any elevator until it has been found by the Inspector to be safe for that purpose:

(g) For the purposes of any investigation, inquiry, or examination made by him under the authority of this Act, to administer an oath to and to summon any person to give evidence:

(h) To exercise such other powers as may be necessary for carrying this Act into effect. R.S. 1948, c. 115, s. 38.

25. The employer and his agents and servants shall furnish the means required by the Inspector necessary for entry, inspection, examination, inquiry, or the exercise of his powers under this Act in relation to any factory. R.S. 1948, c. 115, s. 39.

26. Every person who(a) wilfully delays the Inspector in the exercise of any power under

either of the last two preceding sections; or(b) fails to comply with a requisition or summons of the Inspector

in pursuance of either of those sections; or(c) fails to produce any certificate or document which he is re

quired by or in pursuance of this Act to produce; or(d) conceals or prevents any employee from appearing before or

being examined by the Inspector, or(e) attempts so to conceal or prevent any employee,

shall be deemed to obstruct an Inspector in the execution of his duties under this Act. R.S. 1948, c. 115, s. 40; 1951, c. 27, s. 24.

27. (1) Where the Inspector is obstructed in the execution of his duties under this Act, the person obstructing him is liable to a fine not exceeding thirty dollars.

(2) Where an Inspector is so obstructed in a factory, the employer is liable to a fine not exceeding thirty dollars or, where the offence is committed at night, one hundred dollars. R.S. 1948, c. 115, s. 41.

28. (1) The Inspector, before entering, without the consent of the occupier, any room or place actually used as a dwelling as well as for a factory, shall, on affidavit or statutory declaration of facts and reasons,

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obtain written authority to do so from the Lieutenant-Governor in Council, or such warrant as is hereinafter mentioned from a Justice.

(2) The affidavit or Statutory declaration above mentioned may be inspected or produced in evidence, in all respects the same as an information on oath before a Justice.

(3) A Justice, if satisfied by information on oath or statutory declaration that there is reasonable cause to suppose that any enactment of this Act is contravened in any such room or place as aforesaid, may, in his discretion, grant a warrant under his hand authorizing the Inspector named therein, at any time within the period named therein, but not exceeding one month from the date thereof, to enter in pursuance of this Act the room or place named in the warrant and exercise therein the powers of inspection and examination conferred by this Act; and the fines and provisions of this Act with respect to obstruction of the Inspector apply accordingly. R.S. 1948, c. 115, s. 42.

Inspector to produce certificate on demand.'

39. Every Inspector under this Act shall be furnished with a form of certificate of his appointment, under the hand and seal of the Provincial Secretary or other member of the Executive Council to whom the duty of the administration of this Act may from time to time be assigned, and on applying for admission to a factory shall, if required, produce to the employer the said certificate. R.S. 1948, c. 115, s. 43.

Inspector incompetent to give certain testimony.

30. The Inspector, during his tenure of office, is not competent to give testimony in any civil cause, matter, or proceeding with regard to anything which he has seen or done, or with regard to any information he has obtained, opinion he has formed, or investigation he has made in the discharge of his duties as Inspector; and during his tenure of office he is not competent to give testimony in any civil cause, matter, or proceeding as an expert witness with regard to any subject or matter whatsoever. R.S. 1948, c. 115, s. 44.

inspector 31. Such annual or other report of the Inspector as the Lieutenant- Governor from time to time directs shall be laid before the Legislative Assembly. R.S. 1948, c. 115, s. 45.

NoticesNotice to Inspector of occupation of factory.

32. Every person shall, within one month after he begins to occupy a factory, serve on the Inspector a written notice containing

(a) the name of the factory;(b) the place where it is situate;(c) the address to which he desires his letters to be addressed;(d) the nature of the work;(e) the nature and the amount of the motive power therein; and (/) the name under which the business of the factory is carried on;

and in default is liable to a fine not exceeding fifty dollars. R.S. 1948, c. 115, s. 46.

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Notices to be affixed in factory.

Penalty for contravention.

Confidentialinformation.

Name and address of Inspector.

Notices in writing or print.

Service of notices and documents.

33. (1) There shall be affixed at the entrance of each factory, and in such other parts thereof as the Inspector directs, and be constantly kept so affixed, in the form directed by the Inspector and in such position as to be easily read by the persons employed in the factory

(a) such notices of the provisions of this Act and of any regulations made hereunder as the Inspector deems necessary to enable persons employed in the factory to become acquainted with their rights, liabilities, and duties under this Act;

(b) a notice of the name and address of the Inspector, with a notice calling upon employees or others who may become aware of any contravention of this Act to communicate direct with the Inspector in confidence;

(c) every other notice and document (if any) required by this Act to be affixed in the factory.

(2) In the event of a contravention of any provision or requirement of subsection (1), the employer is liable to a fine not exceeding twenty dollars.

(3) No Inspector to whom information is communicated in confidence under this section shall divulge the name of the informant. R.S. 1948, c. 115, s. 47; 1951, c. 27, s. 25.

34. A notice of the name and address of the Inspector shall, in compliance with such directions as the Inspector may give under the last preceding section, be affixed in every factory. R.S. 1948, c. 115, s. 48.

35. A notice, order, requisition, summons, or document under this Act may be in writing or print, or partly in writing and partly in print. R.S. 1948, c. 115, s. 49.

36. (1) A notice, order, requisition, summons, or document required or authorized to be served or sent for the purposes of this Act may be served and sent

(a) by delivering the same to or at any residence of the person on or to whom it is to be served or sent; or

(b) where that person is an employer within the meaning of this Act, by delivering the same, or a true copy thereof, to his agent or to some person in the factory of which he is employer; or

(c) by mailing it as a letter.(2) A notice, order, requisition, summons, or document served or

sent by mail shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it is sufficient to prove that it was properly addressed and mailed; and where it is required to be served on or sent to an employer, it shall be deemed to be properly addressed if addressed to him at the factory in respect of which he is employer, with the addition of the proper postal address, but without naming the person who is the employer. R.S. 1948, c. 115, s. 50.

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Register of work done outside factory.

Certain provisions not to apply to private houses in certain cases.

Appeal allowed by employer from decision of Inspector.

Closing of factories on certain holidays.

Registers

37. Every employer carrying on business within the meaning of this Act who sublets any contract or gives out any materials to be made, altered, repaired, or finished, at any other place than at a factory registered under this Act, shall keep a register of all such work given out and the location of the premises where the work is to be performed. Such register shall be subject to the inspection of the Inspector at all times; and he shall, as far as possible, see that the work is performed under proper sanitary conditions. R.S. 1948, c. 115, s. 51.

General Provisions

38. The provisions of this Act which relate(a) to the cleanliness, or to the freedom from effluvia, or to the

overcrowding or ventilation of a factory; and(b) to employees being, during any part of the times allowed for

meals in a factory, employed in the factory or being allowed to remain in any room; and

(c) to the affixing of any notice or abstract in a factory or specifying any matter in the notice so affixed, except where the notice is a notice of the name and address of the Inspector; and

(d) to the sending of notice of accidents,do not apply where persons are employed at home; that is to say, to a private house, room, or place which, though used as a dwelling, might, by reason of the work carried on there, be a factory within the meaning of this Act, and in which neither steam, water, nor other mechanical power is used, and in which the only persons employed are members of the same family dwelling there. R.S. 1948, c. 115, s. 53; 1951, c. 27, s. 27.

39. In case the Inspector instructs an employer to make alterations or additions to a factory, or in respect of any operations carried on therein, conforming with any section of this Act, and the employer has reason to believe that such alterations or additions are needless and not necessary within the spirit of this Act, he may appeal from the decision of the Inspector to the Lieutenant-Governor in Council, who shall judge and decide whether such alterations or additions are necessary. R.S. 1948, c. 115, s. 55.

40. (1) Except with the permission therefor in writing signed by the Inspector, no factory shall be kept open, and no person shall be employed upon the premises of any factory, on any of the following holidays: Christmas Day, New Year’s Day, Victoria Day, Dominion Day, Labour Day, Remembrance Day, or any day appointed by Proclamation and declared to be a public holiday for the purposes of this section; nor, subject to subsection (2), upon Good Friday or Easter Monday.

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(2) Where, pursuant to the provisions of subsection (1), a factory is closed and no person is employed upon the premises thereof on one of the holidays Good Friday or Easter Monday in any year, at the option of the employer, the provisions of subsection (1) do not apply with respect to the other of those holidays in that year.

(3) The provisions of subsection (1) do not apply to the factories mentioned in Schedule A.

(4) Every employer who violates any provision of this section is liable, on summary conviction, to a fine of not less than fifty dollars and not more than one hundred dollars. R.S. 1948, c. 115, s. 56; 1951, c. 27, s. 29.

Penalties and Prosecutions

false entry^n 41. Every person who wilfully makes a false entry in any register, register. notice, certificate, or document required by this Act to be left, served, or

sent, or who wilfully makes or signs a false declaration under this Act, or who knowingly makes use of any such false entry or declaration, is, on summary conviction, liable to imprisonment for a period not exceeding six months, or to a fine of not more than one hundred dollars with costs of prosecution; and, in default of immediate payment of such fine and costs, to imprisonment as aforesaid. R.S. 1948, c. 115, s. 57.

generally 42. If any of the provisions of this Act, or of any regulations, rules,or orders made under the authority thereof by the Lieutenant-Governor in Council, or by any Inspector, are contravened, and no other penalty is herein provided for such contravention, the person guilty of such contravention is, on summary conviction, liable to a fine of not more than fifty dollars. R.S. 1948, c. 115, s. 59.

fnadditiont“rt 43. If a factory is not kept in conformity with this Act, the Court of faflictingfine sunlmary jurisdiction, in addition to or instead of inflicting a fine,

penalty, or other punishment upon the employer, may order certain means to be adopted by the employer, within the time named in the order, for the purpose of bringing his factory into conformity with this Act. The Court may also, upon application, enlarge the time so named; but if, after the expiration of the time as originally named or enlarged by subsequent order, the order is not complied with, the employer is liable to a fine not exceeding ten dollars for every day that such non- compliance continues. R.S. 1948, c. 115, s. 60.

exempted1 from 44. Where the employer is charged with an offence against this Act, uon of actual *s entitlcd, upon information duly laid by him, to have any other offender. person whom he charges as the actual offender brought before the Court

of summary jurisdiction at the time appointed for hearing the charge; and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the Court that he has used due diligence to enforce the execution of the Act, and that the other person had committed the offence in question without the knowledge, consent, or

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connivance of him (the employer) the other person may be summarily convicted of the offence, and the employer is exempt from any fine, penalty; or punishment. R.S. 1948, c. 115, s. 61.

proceed110 45. Where it is made to appear to the satisfaction of the Inspectoroienderactual at time of discovering the offence that the employer had used all due

diligence to enforce the execution of this Act, and also by what person the offence was committed, and also that it was committed without the knowledge, consent, or connivance Of the employer and in contravention of his orders, the Inspector shall proceed in the first instance against the person whom he believes to have been the actual offender, without first proceeding against the employer. R.S. 1948, c. 115, s. 62.

Fine on person committing offence for which employer is liable.

46. Where an offence, for which an employer is liable under this Act to a fine, has in fact been committed by some agent, servant, workingman, or other person, such agent, servant, working-man, or other person is liable to the same fine, penalty, or punishment for the offence as if hewere the employer. R.S. 1948, c. 115, s. 63.

47. All prosecutions under this Act may be brought and heard before any two Justices of the Peace or any Stipendiary or Police Magistrate, and, save where otherwise provided by this Act, the procedure shall be governed by the Summary Convictions Act. R.S. 1948, c. 115, s. 65; 1951, c. 27, s. 32.

Procedure. 43. xhe following provisions have effect with respect to summary proceedings for offences and fines under this Act:—

(a) The information shall be laid within two months or, where the offence is punishable at discretion by imprisonment, within three months after the offence has come to the knowledge of the Inspector:

(b) It is sufficient to allege that a factory is a factory within the meaning of this Act:

(c) It is sufficient to state the name of the ostensible employer or the title of the firm by which the employer employing persons in a factory is usually known. R.S. 1948, c. 115, s. 66.

compeuLd and 49. On the trial of a complaint, proceeding, matter, or questionwUness'able under this Act, the person opposing or defending, or who is charged with

any offence against or under any of the provisions of this Act, is competent and compellable to give evidence in or with respect to such complaint, proceeding, matter, or question. R.S. 1948, c. 115, s. 68.

Application 50. All fines or penalties in money, imposed and recovered under or penalties. jn pursuance of this Act, shall be paid by the convicting Justices or Sti

pendiary Magistrate or Police Magistrate, as the case may be, to the Inspector, who shall forthwith pay the same over to the Minister of Finance to and for the use of the Province. . R.S. 1948, c. 115, s. 69.

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Registers and notices.

Interpretation for purposes of Pt. II.

Permits for employment o! homeworkers.

Applications for permits.

Scope of permit.

Forms.

Who may obtain permit.

51. Until otherwise ordered or directed by any regulation in that behalf made by the Lieutenant-Governor in Council,

(a) notice to an Inspector, under sections 17 and 19, may be in Form No. 1 in Schedule B;

(b) notice to an Inspector, under section 32, shall be given in Form No. 2 in Schedule B. R.S. 1948, c. 115, s. 70.

PART II

Homework

52. In this Part, unless the context otherwise requires,“ employer ” means a person who in his trade or business in personal

or household articles gives employment to a homeworker;“ employment ” means the performance for wages of any work or

service in the manufacture, preparation, improvement, repair, alteration, assembly, or completion of any personal or household article or any part thereof;

“homeworker” means a person who for wages in his home or elsewhere in premises in his occupation and not occupied by his employer engages in employment in respect of personal or household articles;

“ personal or household article ” means any garment, suit, clothing, wearing-apparel, or other article of personal dress or attire, and any article of domestic household use, including all materials and substances therefor;

“ wages ” includes any compensation for labour or services, measured by time, piece, or otherwise. R.S. 1948, c. 115, s. 71.

53. (1) Every employer who gives employment to a homeworker and every homeworker shall obtain a permit from the Inspector, and no employer or homeworker shall give or be engaged in employment in respect of personal or household articles without such a permit.

(2) Every employer and every homeworker who requires a permit shall apply therefor in writing to the Inspector upon the form approved for the purpose by the Minister of Labour, and shall furnish such information and proofs as the form may prescribe.

(3) Every permit issued by the Inspector shall specify the purposes and the scope of authority granted thereby, which may be enlarged at any time by endorsement thereon signed by the Inspector.

(4) The applications for permits and the permits to be issued thereunder shall be in two separate forms, one for employers’ permits and the other for homeworkers’ permits. R.S. 1948, c. 115, s. 72.

54. No employer’s permit shall be issued to any person unless the Inspector is satisfied that the employer is likely to comply with the provisions of this Act, the Male Minimum Wage Act, the Female Minimum

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Chap, 136 Factories 9 Eliz. 2

Conditions of employment.

Employer’sregister.

Inspection of register and premises of employer.

Inspection of premises of homeworker.

Impounding articles for protection of public health.

Disinfection or destruction of impounded articles.

Wage Act, and the Hours of Work Act; and no homeworker’s permit shall be issued to any person unless the Inspector is satisfied that the homeworker, with respect to his health and his home or other premises, and with respect to sanitation, is fit for the purposes of employment in respect of personal or household articles. R.S.' 1948, c. 115, s. 73.

55. No employer or homeworker shall in respect of personal or household articles

(a) give or be engaged in employment unless the employer has a subsisting employer’s permit and the homeworker has a subsisting homeworker’s permit;

(b) give or be engaged in employment beyond the purposes and scope of authority of the permit of the employer or homeworker;

(c) give or be engaged in employment at wages less than those established by The Board of Industrial Relations for the employment. R.S. 1948, c. 115, s. 74.

56. (1) Every employer shall keep a written register open to the Inspector and in a form satisfactory to him in which the employer shall record the name, address, and permit number of every homeworker to whom he gives employment, particulars of the personal or household articles given to his employment, and the dates and times of his employment and the wages paid therefor.

(2) The Inspector may at any time enter the premises of an employer to inspect the register of homeworkers’ employment, and any personal or household article therein to be given to or which has been returned by a homeworker. R.S. 1948, c. 115, s. 75.

57. The Inspector may at any reasonable hour enter the home or other premises of a homeworker to inspect the same and the sanitation thereof, and any personal or household article therein given to him for employment. R.S. 1948, c. 115, s. 76.

58. (1) The Inspector may at any time seize and impound any personal or household article in the possession of any employer or homeworker, or in the possession of any other person in his trade or business, if the article, in the opinion of the Inspector, may affect or be injurious to the public health by reason of some insanitary condition or communicable disease having existed in the home or other premises of a homeworker while the article was in his employment, and every article so impounded shall forthwith be delivered by the Inspector to the local Medical Health Officer or Sanitary Inspector for disinfection or destruction.

(2) The Medical Health Officer or Sanitary Inspector to whom any impounded personal or household article is delivered by the Inspector shall cause the same to be disinfected, and if, in the opinion of the

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Return of articles.

Prohibition as to sale of certain articles.

Cancellation of permits.

Penalty.

Medical Health Officer, disinfection may not be sufficient to protect the public health, he may direct that the article be destroyed.

(3) Any personal or household article which has been impounded and disinfected shall be returned to the person from whose possession it was taken upon payment of the expense of impounding and disinfection; and if any personal or household article is directed by the Medical Health Officer to be destroyed, no claim for compensation for the destruction or loss of the article shall be made or arise. R.S. 1948, c. 115, s. 77.

59. No person shall knowingly sell, expose for sale, or otherwise deal in any personal or household article in respect of which there has been a contravention of this Part. R.S. 1948, c. 115, s. 78.

60. The Inspector may at any time cancel any employer’s or homeworker’s permit issued hereunder for any contravention of this Part or of the Male Minimum Wage Act, the Female Minimum Wage Act, or the Hours of Work Act, or any regulations or order made thereunder, and may cancel a homeworker’s permit if, in his opinion, the health of the homeworker or the state of sanitation of his home or other premises used by him is likely to be injurious to the public health, or if any communicable disease exists in such home or other premises. R.S. 1948, c. 115, s. 79.

61. Every person who violates any provision of this Part is liable, on summary conviction, to a fine not exceeding one hundred dollars. R.S. 1948, c. 115, s. 80.

SCHEDULES

SCHEDULE A(Sections 20, 40 (3) )

List of Factories

1. Any building, workshop, structure, premises, room, or place used for the production, generation, storage, transmission, or furnishing of gas, electricity, steam, or any other agency for the production of light, heat, or power to or for the public or any corporation, for compensation.

2. Any building, workshop, structure, premises, room, or place used for the repair and maintenance of the following equipment or facilities for the transportation therein of, and with seating accommodation for, more than seven passengers: Railways, street-railways, tramways, trolley-coaches, and motor-vehicles.

3. Metallurgical works, by which expression is meant any mill, concentrator, reduction plant, or premises used for or in connection with the crushing, reducing, refining, or treating of any metalliferous product of a mine.

4. Bakeshops situated in a municipality.5. Condensing and processing of milk and distributing centres for milk.6. Oil-refineries. R.S. 1948 c. 115, Sch. A; 1951, c. 27, s. 34.

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SCHEDULE B

FORM No. 1 (Sections 17,19,51)

FACTORIES ACT

To , Factories Inspector:You are hereby notified, pursuant to section 17 [or as the case may be] of the

Factories Act, of the happening of an accident in the factory hereunder mentioned, whereof the following are the particulars:—

1. Name of person injured [or killed]2. Factory in which accident happened3. Date of accident4. Age of person injured [or killed]5. Residing on Street, in the of6. Cause of injury [or death]7. Extent of injury8. Where injured [or killed] person sent9. Remarks.Dated this day of , 19 .

(Signature of employer or agent)________________

FORM No. 2 ■ (Sections 33, 51)

FACTORIES ACT

To , Factories Inspector:Pursuant to section 32 of the Factories Act, I hereby give notice that I have

begun to occupy a factory as undermentioned:—Name under which the business is carried onName of the factoryLocality of the factoryAddress to which letters are to be addressedNature of workNature and amount of motive power Dated this day of , 19 .

(Signature of occupier or agent)___________________R.S. 1948, c. 115, Sch. B.

Printed by Dcn McDiarmid, Printer to the Queen’s Most Excellent Majesty in right of the Province of British Columbia.

1960

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CHAPTER 136 Factories Act - BC Laws

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