In Alberta and New Brunswick the court, in its dis cretion, fixes the compensation. In New Brunswick the payments are limited to a period of ten years. In the other provinces (except Quebec) the estimated earnings for the three years preceding the injury are the basis of computation, or the sum of one thousand five hundred dollars, whichever is the larger amount.
In Quebec, the workman is entitled to a rent equal to fifty per cent of his yearly wages, if he is absolutely and permanently incapacitated; in case of permanent partial incapacity, to a rent equal to half the amount by which his wages have been diminished. For tern porary incapacity, lie is entitled to one-half his daily wage, beginning on the eighth day after the accident and while, his incapacity lasts. If his yearly wage exceeds one thousand dollars, he has no claim under the act; but has his recourse at common law. If his wage is between six hundred dollars and one thousand dollars, then on any amount over six hundred dollars he receives only one-fourth of the compensation pre viously mentioned.
8. Alien Labor Act.—The Alien Labor Act is a veiled measure of retaliation against the United States, in that the Act applies only to immigration from countries which have enacted similar legislation applicable to Canadians who go to such countries. The Act provides: That it shall be unlawful for any person, company, part nership or corporation in any manner to prepay the trans portation, or in any way to assist, encourage or solicit the importation or immigration of any alien or foreigner into Canada under contract or agreement, parol or special, ex press or implied, made previous to the importation or immi gration of such alien, to perform labor or service of any kind in Canada.
To contravene this provision is to commit a penal offense, the fine imposed being not less than fifty dol lars, nor more than one thousand dollars. Imprison ment for a term not exceeding six months, and the payment of a fine of not more than fifty dollars for each alien landed, may be ordered in the case of the master of any vessel who knowingly violates the Act.
The Act does not apply in certain stated cases.
Foreigners living in Canada temporarily may con tract with foreigners to act for them here as pri vate secretaries, servants or domestics. A new in dustry is to be favored and to be guarded against loss for lack of skilled workmen. Hence a company en gaged in a new industry not at present established in Canada may bring in skilled labor if it cannot be obtained here. There may be workmen of the class desired in Canada, but they may not be obtainable because they are already engaged. The Dominion Carriage Company erected a shop in which to build steel box-cars. It needed a number of riveters, and altlio there were riveters working in Canada, it could not secure their services. It brought in several from the United States. Its action was upheld by the Court of Appeal of Quebec. The act does not bar professional actors, artists, lecturers, singers or persons employed strictly as personal or domestic servants. It does not prevent any person assisting some member dr members of his family, or some rela tive or friend to come here to take a position if the newcomer's intention is to become a citizen of Canada. The Act does not affect the powers of the government of Canada or of any province to encourage immigra tion by circulating advertising matter in a foreign country. This private persons may not do.