sec.392Application of ss 390 and 391 to mines

### sec.392 Application of ss 390 and 391 to mines Sections 390 and 391 apply, with necessary changes, if an employee— has performed work in or about— a mine, including its fixtures, that is subject to a mortgage; or machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and is prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because— the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee. However, a mortgagee is not liable for the employee’s wages that have become payable more than 1 month before whichever of the following events happens first— the employee first applies to the mortgagee for payment of the wages; the mortgagee takes possession of, or sells, the mine, machinery or apparatus. In this section— wages includes earnings for work. (sec.392-ssec.1) Sections 390 and 391 apply, with necessary changes, if an employee— has performed work in or about— a mine, including its fixtures, that is subject to a mortgage; or machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and is prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because— the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee. (sec.392-ssec.2) However, a mortgagee is not liable for the employee’s wages that have become payable more than 1 month before whichever of the following events happens first— the employee first applies to the mortgagee for payment of the wages; the mortgagee takes possession of, or sells, the mine, machinery or apparatus. (sec.392-ssec.3) In this section— wages includes earnings for work. - (a) has performed work in or about— (i) a mine, including its fixtures, that is subject to a mortgage; or (ii) machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and - (i) a mine, including its fixtures, that is subject to a mortgage; or - (ii) machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and - (b) is prevented from, or hindered in, recovering wages for the work from the mortgagor as employer because— (i) the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or (ii) the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee. - (i) the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or - (ii) the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or - (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee. - (i) a mine, including its fixtures, that is subject to a mortgage; or - (ii) machinery or apparatus, used in or for a mine, that is subject to a bill of sale; and - (i) the mortgagee has entered into, or taken possession of, the mine, machinery or apparatus, or is taken to have done so; or - (ii) the mortgagee has sold the mine, machinery or apparatus, under the mortgagee’s security; or - (iii) a cheque, draft or order drawn by the mortgagor on the mortgagee is dishonoured by the mortgagee. - (a) the employee first applies to the mortgagee for payment of the wages; - (b) the mortgagee takes possession of, or sells, the mine, machinery or apparatus.