Yukon Ordinances, 1950 — Ordinance respecting facilitate the enforcement in the Yukon Territory; England and Northern Ireland to which the Imperial Act; State charged with the duties prescribed under the Imperial Act
Yukon Ord. 1950
Yukon — Historical Statutes
i Ordinances of YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1950 J. E. GIBBEN, K.C. Prtptcd and PutHsrMd for tt» Gcwnmart of th« Yukon Ta-rftory Udw Authority of
Chapter 75 of tht Coruoliauted Ordinarte» of 1914 8Y W. A. WARDHOP, lUflfl's Mater
FIRST SESSION
CHAPTER 1'—An Ordinance to facilitate the enforcement in the Yukon Territory of Maintenance Orders made in England and Northern Ireland and other parts of His Majesty's Dominions and Protectorates and Vice Versa.
CHAPTER 2—An Ordinance to Amend the "Forest Protection Ordinance."
CHAPTER 3—"The Cocktail Lounge Plebiscite Ordinance, 1950."
CHAPTER 4—"Annuity Plan Ordinance."
CHAPTER 5—An Ordinance to amend the "Municipal Ordinance."
CHAPTER 6—"The Legal Profession Ordinance."
CHAPTER 7—An Ordinance to amend "The Yukon Territorial Public Service Ordinance.'
CHAPTER 8—"The Tuberculosis Control Ordinance."
CHAPTER 9—"The Cocktail Lounge Ordinance."
CHAPTER 10—An Ordinance to amend 'The Motor Vehicle Ordinance."
CHAPTER 11—An Ordinance to amend "The Gasoline and Diesel Oil Tax Ordinance."
CHAPTER 12—"School Agreement Ordinance."
CHAPTER 13—"The Garage Keepers Ordinance."
CHAPTER 14—An Ordinance to Amend "The Wolf Bounty Ordinance."
CHAPTER 15—An Ordinance to amend "The Mining Safety Ordinance."
CHAPTER 16—An Ordinance to amend the "Steam Boiler Ordinance."
CHAPTER 17—An Ordinance to amend "The Old Age Pension Ordinance."
CHAPTER 18—An Ordinance to amend "The Workmen's Compensation Ordinance."
CHAPTER 19—An Ordinance to amend "The Dental Profession Ordinance."
CHAPTER 20—An Ordinance to amend "The Yukon Game Ordinance."
CHAPTER 21—An Ordinance for granting to the Commissioner certain sums of money to defray the expenses of the Public Service of the Territory and the City of Dawson.
CHAPTER 22—An Ordinance to amend the "Crown Grant Tax Ordinance." SECOND SESSION
CHAPTER 1
CHAPTER 2
CHAPTER
CHAPTER
CHAPTER
CHAPTER
CHAPTER 7
CHAPTER 8
CHAPTER 9
CHAPTER 10
CHAPTER 11
CHAPTER 12
CHAPTER 13
CHAPTER 14 -An Ordinance to repeal "An Ordinance for the protection of Bridges.' -An Ordinance to amend the "Old Age and Blind Pensions Ordinance.' -An Ordinance to amend "The Gasoline and Diesel Oil Tax Ordinance.' -An Ordinance to amend "The Mining Safety Ordinance." -An Ordinance to amend "The Judicature Ordinance." -"Whitehorse School Agreement Ordinance." -An Ordinance to amend the "Societies Ordinance." -"Annual Holidays Ordinance." -"The Crown Grant Tax Ordinance, 1950." -An Ordinance to amend the "Municipal Ordinance." -An Ordinance to amend "The Yukon Game Ordinance." -"The School Ordinance." -An Ordinance to repeal "The Sidewalks Ordinance." -An Ordinance to amend "The Motor Vehicle Ordinance."
YUKON TERRITORIAL GOVERNMENT INDEX TO ORDINANCES, 1950
Section FIRST SESSION ANNUITY PLAN ORDINANCE (Chapter 4) Annuity, defined Coming into force Commissioner may make regulations Earnings, defined Employes defined provision for Territorial contribution Conditions AN ORDINANCE FOR GRANTING TO THE COMMISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE LX- PENSFS OF THE PUBLIC SERVICE OF THE TERRITORY AND THE CITY OF DAWSON (Chapter 21) Grant for Territory for period ending March 31/51 Grant for Territory for period ending March 31/50 Grant for City of Dawson for period ending March 31/50 Monies shall be duly accounted for
Schedule A
Schedule B
Schedule C THE COCKTAIL LOUNGE ORDINANCE (Chapter 9) Absence of licensee from Territory Application fee Application for license Bottle, defined Cancellation of license by Commissioner by request Certificate by Inspector prima facie evidence Certificate of analyst Civil liability of licensee Closing hours Coming into force Commissioner defined may appoint inspectors license or renewal at discretion of may make regulations call hearing re application for license cancel license approve piosecution costs has right of entry Constable, defined Convictions no appeal from procedure where previous procedure upon Criminal Code, under
part XV Disorderly conduct, penalty for Disorderly house Page 23 2 23 6 24 5 24 2 23 2 23 3 23 4 24 4 24 81 1 81 2 81 3 81 4 81 82 84 85 48 33(2) 55 21(2) 53 18 52 2 48 31 54 32 55 54 59 57 60 28 54 23 51 62 61 2 48 4 49 7 50 14 50 20 52 30,32 54,55 41(2) 57 42 57 2 48 51 58 53 59 50 58 44 57 34 55
THE COCKTAIL LOUNGE ORDINANCE (Chapter 9), Cont'd. defined — license forfeit— — — Fees form part of General Revenue Fund . „ Forms, see
Schedule Forfeiture of licenses . ... Health, Ordinance . . . Hearing, Commissioner may call, adjourn, award costs.. Hours of closing Information, several charges in one.. not necessary to state details of offence... .. Inspector defined .. registrar of licenses to report to Commissioner .. lay information no costs allowed against . Interdicted person defined ... sale to ..... „ ....... Interdiction, notices of Intoxication Judge, defined . .
Licenses defined register of issued at authority and discretion of Commissioner no person more than one fee for license . ... .... expiration of.. number of application for... not less than one year „ fee paid to general revenue fund Commissioner may have hearing on application for not void on death . ... ...... license to be exposed... . . where license cancelled _. ... penalty for failure to deliver up . where Commissioner shall cancel where Commissioner may cancel good only for person named therein Magistrate to require production of may be retained by Magistrate _. .. form of application for ._ . _ form of license .... . . .
Licensed premises, defined . ...... Licensed hotels Licensee comply with Health Ordinance . may sell liquor by glass — . _ shall expose license. . shall permit no liquor to be taken off premises shall not sell liquor to intoxicated person forfeit license on conviction for keeping disorderly house may request cancellation of license absence from Yukon Territory...
Section Page . 2 48 30 54 19 52 . 27, 29, 30 54 . 13 50 20 52 . 23 53 46 58 47 58 2 48 5 49 . 6 49 . 7 50 52 59 . 2 48 59(1) 60 59(2) 60 35 56 2 49 2 48 5(a) 49 8 50 9 50 . 10 50 11 50 12 50 18(1) 52 18(2) 52 19 52 20 52 21 53 22 59 27 54 28 54 30 54 31 54,55 132 55 49 58 50(2) 58 61 62 2 49 15 13 50 17 51 22 53 26 53 28 54 30 54 32 55 33 55
THE COCKTAIL LOUNGE ORDINANCE (Chapter 9), Cont'd. penalty for permitting drunkeness must refuse to admit or evict intoxicated person . penalty for supplying person under twenty-one . penalty for employing person under twenty-one violations by employees . on third conviction - penalty for refusal to admit officials onus on defendant to prove license Magistrate to require production of license Licensee procedure on conviction penalty for sale to interdicted person .. no recovery allowed for liquor sold Liquor defined , sale in certain canteens may be sold by glass hours of sale ... sale prohibited on certain days . . sale without license _ . .... .. none taken off premises ..... . . offences ..... _ sale to person under twenty-one not to be sold by person under twenty-one Lounge, defined .
Magistrate duties where licensee convicted proceedings where previous conviction charged Municipality, defined .... Offences . ... . . ... discretion of ... ... . violation by employees Officials to have right of entry .. .
Penalties failure to expose license . for violation of Sections 23 to 26 for failure to deliver up license disorderly conduct or sale of liquor to drunken persons . admitting or failure to evict intoxicated persons supplying liquor to persons under twenty-one allows persons under twenty-one to dispense liquor general provision violations by employees for third conviction paid to Territorial Treasurer refusal to admit officials . . endorsed on license by Magistrate license may be retained by Magistrate . . sale to interdicted persons „. . . Production of books and papers, etc.
Proof of sale of consumption of liquor.... . of analyst certificate by Inspector ..... of previous conviction ...
Section . 34 _ 35 .. 36 ._ 37 .. 39 ._ 40 ._ 43 . 48 49 50 59(1) 60 ... 2 ._ 3 . 17 . 23 . 24 ._ 25 .. 26 ... 27 36 .. 37 ._ 2 50 . 53 2 ... 27 ... 45 .. 39 . 42 .. 22 27 29 .. 34 35 36 37 ... 38 . 39 40 41(1) 43 50(1) 50(2) 59(1) _ 56 .. 55 55 57 54 53(2) Page 55 55 56 56 56 57 57 58 58 58 60 61 48 49 51 51 53 53 53 53 56 56 49 58 59 49 53 57 56 57 53 53 54 55 55 56 56 56 56 57 57 57 58 58 60 60 60 60 60 59 59
THE COCKTAIL LOUNGE ORDINANCE (Chapter 9), Cont'd inference by Magistrate Prosecution, costs of Regulations Sale of liquor in certain canteens Sale, defined prohibited on certain days
Schedule Form A—Application Form B—Affidavit in support Form C—License
Short title Steamships Third conviction Witness fees Witnesses Commissioner may hear procedure COCKTAIL LOUNGF PLEBISCITE ORDINANCE (Chapter 3) Commissioner shall direct plebiscite be taken
Definitions Plebiscite voting procedure where result affirmative Schedules CROWN GRANT TAX ORDINANCE, AN ORDINANCE TO AMEND THE (Chapter 22) Subsection (2),
Section 5 amended THE DENTAL PROFESSION ORDINANCE, AN ORDINANCE TO AMEND THE (Chapter 19)
Section 6A added Word Commissioner substituted for Controller in Ordinance
Chapter 21, OYT, 1949, 2nd sess repealed FOREST PROTECTION ORDINANCE, AN ORDINANCE TO AMEND THE (Chapter 2) Forest Officer redefined THE GARAGE KEEPERS ORDINANCE (Chapter 13) Application of proceeds of sale Enforcement of hen by seizure on delivery of motor vehicle to garage keeper Garage, defined Garage keeper, defined Lien registration and effect thereof where repairs more than $100 00 priorities enforcement of Mechanics Lien Ordinance,
Section 31 not to apply Motor vehicle defined Notice of Sale Operation of vehicles prohibited penalty Ordinance to be kept posted up
Section Page 58 60 41(2) 57 14 50 3 49 1 49 24 53 61 62 62 1 48 16 51 40 57 41(3) 57 20(1) 52 20(2) 52 7 2 8 3 8 8 14 32 14 14 22 86 1 86 79 1 79 2 80 3 80 7 1 7 68 10 70 6(1) 69 7 70 2 68 2 68 3 68 4(1) 68 4(4) 69 5 69 6(1) 69 3(3) 68 2 68 9 70 11(1) 63 11(2) 71 12 71
THE GARAGE KEEPERS ORDINANCE (Chapter 13), Cont'd. Power of sale at public auction Pi ion ties Registration of lien and effect thereof
Schedule Form A—Claim of hen Form B—Affidavit Service, defined
Short title Tariff of fees Time within which to register hen THE GASOLINE AND DIESEL OIL TAX ORDINANCE, AN ORDINANCE TO AMEND (Chapter 11)
Section 2 amended New
section 8
Section 9 amended Sections 11, 13 and 16 amended Form A repealed Forms B and C amended THE IEGAL PROFESSION ORDINANCE (Chapter 6) Annual non practice certificate defined Annual practice fees first fee certificate, defined expiration of certificate Barrister and solicitor defined officers of the court roll Clerks, Enrollment of qualified Court, defined Enrollment fee Entry of name on roll Form of Registration Certificate Inspection of Roll Judge, defined Legal Adviser, defined enrolled shall investigate complaints and take action may institute proceedings Limitation of time re offences Misconduct Non practice fee Notice of application for registration Certificate Oath of Barrister and Solicitor in open Court Offences Barristers and Solicitors limitation of time Omissions and errors on roll Persons entitled to be named on roll Prohibition Registration certificate defined notice of application for
Section Page 8 70 5 69 4 69 71 72 2 68 1 68 6(2) 70 4(3) 69 65 1 65 2 65 3 66 4 66 5(D 66 5(2) 66 29 9(2) 33 2 29 8(1) 32 8(4) 32 2 29 8 (2) (3) 32 2 29 16 35 3 29 7 31 2 29 6 31 3(2) 30 5(3) 31 3(6) 30 2 29 2 29 3(3) 30 18 36 25 38 15 35 19 24 36-38 9(D 32 5(1) 31 11(1) 33 14(1) 34 17 35 15 35 3(4) 30 4 30 13 34 2 30 5(1) 31
THE LEGAL PROFESSION ORDINANCE (Chapter 6), Cont'd.
Section Page to be granted by Court 5(2) 31 form of 5(3) 31 Repeal 26 38 Resumption of practice declaration filed 10(1) (a) 33 non-practice fees _ . 10(1) (b) 33 annual practice fee paid , 10(l)(c) 33 , Roll defined 2 30 secretary shall keep._ 3(1) 30 entry of name on. _ 3 (2) 30 legal adviser enrolled 3 (3) 30 improper omissions.— 3 (4) 30 kept in secretary's office 3 (5) 30 inspection of _. - . 3 (6) 30 copy in Whitehorse . . 3 (7) 30 certificate of enrollment - _. _ 3 (8) 31 persons entitled to enrollment . _ _ 4 31 Schedules ... . 43 38,39 Secretary defined - . . 2 30 to keep roll ... . ... 3 (1) (5) 30 certificate of appointment _ . 3(8) 31 '
Short title. . 1 29 Temporary certificate * defined - - 2 30 MAINTENANCE ORDERS (FACILITIES FOR ENFORCE MENT) ORDINANCE (Chapter 1) Appeal, right of __ — .. Application for order . — i Certified copy of order , defined ... when sent to Legal Adviser Commissioner defined ... may transmit order to Court . . . may prescribe rules may by order declare reciprocating Court defined shall prepare statements for transmission . Defence, by person on whom summons served Dependents, defined . .. Depositions receivable in evidence . ... Documents, where proof of signature not required .
Enforcement of Order Evidence in application for Order where further required , _ .. .. Fee, payment of . . . . Governor, defined Legal Adviser duties of . shall receive fee 5,6 2 5(1) 2 2 1 3(1) 2 4 2 5(3) 3 2 I 6(1) 4 8,9 6 12 6 2 1 5(4) 3 6(2) 5 2 1 11 6 10 6 7 6 5(2) 3 5(7) 4 6(1) 4 2 1 3(1), 4 2 3(3) 2
MAINTENANCE ORDERS (FACILITIES FOR ENFORCE MENT (ORDINANCE (Chapter 1), Cont'd.
Section Page amend statement . __. _ ... 5 (6) 3 Maintenance Order defined 2 1 have effect from registration ._ 3(1) 2 Order, proof required before transmitted where confirmed in Court of .__ 4 2 Reciprocating state _ 5(1) 2 confirmation does not affect power to rescind 5 (9) 4 procedure where varied or rescinded _ 5 (9) 4 no effect until confirmed _ 6(1) 4 summons to show cause why not to confirm __ 6(1) 4 Piactice and procedure, Commissioner may make rules . 8 6 Prescribed, defined _ _ . _ 2 1 Provisional order varied, rescinded or remitted 6 4, 5 Reciprocating state Commissioner may by order declare .. 12 6 defined .. 2 1 Registration of Ordei effective date . . .. 3(1) 2 Secretary of State defined - . _ .... 2 2 order transmitted to _ _ _. ... . .. .... 5 (3) 3
Short title .... 1 1 Statements of Court, contents of . . _. . . ... 5 (4) 3 Summons . ... ... 6 4, 5 Territorial Court, order registered in . 3 (2) 2 THE MINING SAFETY ORDINANCE, AN ORDINANCE TO AMEND (Chapter 15) . . 73 Sections 24 and 25 amended .. 1 73 THE MOTOR VEHICLE ORDINANCE, AN ORDINANCE TO AMEND (Chapter 10).. . 63
Section 11 amended ... 1 63 New
Section 13 . ..... 2 63 New
Section 16 . 3 64
Section 20 amended ... 4 65
Section 44 amended 5 65 MUNICIPAL ORDINANCE, AN ORDINANCE TO AMEND THE (Chapter 5) . ... 24
Section 15 amended . 1 24
Part XV added .... r . 2 24
Part XVI added 3 27 THE OLD AGE PENSION ORDINANCE, AN ORDINANCE TO AMEND (Chapter 17) .... 77
Section 2 amended . . .... 2 77 Agreement ratified .. ._ 3 77 THE YUKON TERRITORIAL PUBLIC SERVICE ORDINANCE, AN ORDINANCE TO AMEND (Chapter 7) . 40
Section 18 amended by adding para, (f) . 1 40 SCHOOL AGREEMENT ORDINANCE (Chapter 12) 67
Short title 1 67 Commissioner authorized to execute 2 67 Agreement may be varied . ... 3 67 Regulations —. .4 67
Section STEAM BOILER ORDINANCE, AN ORDINANCE TO AMEND THE (Chapter 16) New
Section 9
Section 25 amended
Section 26A added._ - .__
Section 27 amended _
Section 28 repealed
Schedule 1 amended Page THE TUBERCULOSIS CONTROL ORDINANCE (Chapter Annual estimates . Annual report Appointment and election of Directors Auditor . .... _ Auditor's report Board defined . powers of .... Buildings, maintenance of By-laws Care and treatment, persons entitled to Coming into force Commissioner defined . — . notice to .. . .... shall appoint directors auditors inspectors assign duties to board . Director defined expenses of appointed by Commissioner elected by local board. medical health officer to be Financial year . General meetings Hospitals, visitation of...
Inspectors . . - Institutions defined management of .... . ... Insurance for employees League defined incorporated .. objects of .. . r~ membership of . management of Board exercises powers of may accept gifts ~ . . Management of institutions of league Member, defined. Membership .... Objects and aims of League..
Payment of Territorial Government. 74 1 74 2 74 3 74 4 75 5 75 6 76 40 24 46 30 47 7 41 28 46 29 46 2 40 10, 11 42 14 44 12 43 20 45 32 47 2 40 25 46 7 41 28 46 31 47 11(1) 42 2 40 23 45 7 41 7 41 7 41 27 46 16 44 19 45 31 47 2 40 13 44 22 45 2 40 3 41 4,11 41,43 5 41 6 41 10 42 15 44 13 44 6 41 2 40 5 41 4,11 41,43 26 46
Section Pigc 17 44 9 42 8 42 1 40 17 44 21 45 ) 72 1 72 78 1 78 2 78 3 79 ) 80 1 80 THE TUBERCULOSIS CONTROL ORDINANCE (Chapter 8), Cont'd Physicians President and Chairman Quorum
Short title Superintendent and other employees Vocational training of patients THE WOLF BOUNTY ORDINANCE, AN ORDINANCI TO AMEND (Chapter 14) New paragraph 7 (
c) THE WORKMEN'S COMPENSATION ORDINANCE, AN OR DINANCE TO AMEND THE (Chapter 18)
Section 3A added
Section 17 repealed New
Section 4 of First
Schedule THE YUKON GAMl ORDINANCF, AN ORDINANCE TO AMEND (Chapter 20) Subsection 4,
Section 37 repealed SECOND SESSION ANNUAL HOLIDAYS ORDINANCI (Chapter 8) 91 Annual holiday defined employees entitlement where not employed for a year Application of Ordinance Coming into force Commissioner defined may inspect books Contracts with employees where superceded by Ordinance more favourable to employee Employee, defined Employer, defined Employment, commencement of Offences Penalty Records and inspection Regulations
Short title Working year, defined THE CROWN GRANT TAX ORDINANCF, 1950 (Chipter 9) Certificate of redemption Claim, defined Collector defined to be Teintonal Treasurer where dissatisfied with statement to prepare tax list mail notices of delinquent taxes payment to purchaser purchaser's rights extinguished monies paid to Consolidated Revenue Fund Commissioner 2 97 4 <P 5 9 3 3 92 12 95 2 92 10 94 nr)« 9 3 7(1) 93 2 9? 2 97 6 9 3 11 94 11 94 10 94 9 94 1 91 2 92 95 15(2) 100 2 95 2 95 3 96 5(4) 96 7(1) 97 11 98 15 0) 100 15(4) 100 20 101
Till CROWN GRANT TAX ORDINANCE, 1950 (Chapter 9), ( on l d defined fiml decision as to correctness of statement Confirm ition Order procedure on application for Confnnntion of 1950 tax sale Court defined C rown Grant Tax Ordinance, 1919, repealed Development work m lieu of tax K)ifeited chims trmsferred to Crown Judge defined I ind defined Mortgagee may pay tax _ Notice whtr Collector gives \\ here tax delinquent Notict of sale time form of Ow net defined in i\ refer statement to Commissioner miy redeem right of possession right of purchaser to protect claim from spoliation Pen ilt} if tax not paid Person defined Purchaser transfer to Ruificition of previous tax sale
Schedule
Short title StUement of work Tax defined issessment of \\ hen payable C ollectoi to prepare list posting of list open for inspection pn ible in one sum to form i first charge 1 ix Sile date of by auction upset price surplus interim receipt le sile where Commissioner declared purchaser lemtoml Treisurer to be Collector 11 ir CASOLINI AND DIESEL OIL TAX ORDINANCE, AN ORDINANCE TO AMEND (Chapter 3) Ntvv
Section 15 Coming into force THI JUDICATURE ORDINANCE, AN ORDINANCE TO \MFND (Chapter 5)
Section 7A added 1
Section Page 2 96 5(5) 97 17 100 18 101 22(3) 102 2 96 23 102 5 96 21 100 2 95 2 95 14 99 5(4) 96 11 98 12(1) 98 12(2) 98 12(3) 99 2 95 5(5) 97 15(1) 99 16(1) 100 16(2) 100 8 98 2 95 19 101 22 102 103 1 95 3 96 2 95 4(1) 96 4(2) 96 7(1) 97 7(2) 97 7(3) 97 9 98 10 98 11 98 13(1) 99 13(2) 99 13(3) 99 13(5) 99 13(6) 99 13(7) 99 3 96 88 1 88 2 88 89
Section Pigc THE MINING SAFETY ORDINANCE, AN ORDINANCE TO AMEND (Chapter 4) Word Commissioner substituted for Controller 1
Section 43 amended 2 THE MOTOR VEHICLE ORDINANCE, AN ORDINANCE TO AMEND (Chapter 14)
Section 34A added 1 MUNICIPAL ORDINANCE, AN ORDINANCE TO AMEND (Chapter 10)
Section 5 amended 1
Section 105A added 2
Section 253 amended }
Section 340 amended 4 New
Section 427 5
Section 172 amended 5 OLD AGE AND BLIND PENSIONS ORDINANCE, AN ORD1N ANCE TO AMEND (Chapter 2)
Section 3 amended 1 THE PROTECTION OF BRIDGES, AN ORDINANCE TO REPEAL THE (Chapter 1)
Chapter 11, COY T 1914, repealed 1 THE SCHOOL ORDINANCE (Chapter 12) Assessment for separate school districts 87 where separate assessment 88 property owned by corporation 89 for lands outside school district 1 I 8 Auditor 63 Board, defined 2 5 liability of 120 of trustees for debts 121 Board of Trustees a body corporate 6-1 first meeting 66 appointment of Chairman and Secretary 67 meetings of 68 69 acts of 70 one trustee not to transact business 71 meeting procedure 72, 7 ^ duties of 74 duties of chairman 75 duties of secretary 76 duties of treasurer 77 returns and reports 78 executions against 90 Children of Non Residents 116 Commissioner when to establish school district 26 appointment of returning officer 27 defined 2,25 shall appoint Superintendent 3 powers of 4 new school 6 Compulsory education 16(1), 10? 89 89 144 144 105 105 105 105 105 106 901 87 87 86 \ 86 \ 109 m m l» 140 126 117 141 141 176 1 '6 P6 P6 P6 P7 P/ P7 P9 P9 129 PI HI 140 117 117 109, 109 109 112 114 117 H7
THE S( HOOL ORDINANCE (Chapter 12), Cont'd Council defined Dcputment, defined District Schools (sec
Part 2) I nghsh taught Lkction of Trustees, piocedure r-ees, none foi certain pupils Hohd lys Kmclcigu ten Night School Pen iltics ( ompulsoiy education i ilse lcpoits lot rtl unmg money or books tor piejuchcing itsult of election fot disturbing meeting Petition stpirite school Pimupil, duties Religious instruction child miy lei\e Repc d Residents «ho ue not tax payers
Schedule School, defined School \cu llOLUS Scpiritc school petition for lecognition of Sep u He school district petition for deel nation of < lection of trustees pei sons quihfied to vote S p u ite school district e Lclion procedure Boird Shoit Title Sup lintendcnt defined duties ipprov^. qualification of teacher 1 ix piycis meetings, annual notice of conduct of « hen chairman may vote business of lep )tls considered chlciied meetings sp ci il meetings cilled by secretaiy 1 l* p lycr, detined I c icheis qualifications of s il iry sick !ci\e duties
Section Page . 25 117 2,25 109, 117 117,142 12,97(1) 114,135 118,121 92 135 11,95,96 113,136 15, 101 114,137 102 137 16(2) 114 122 141 123 141 124 141 125 142 7 112 23,24, 114 117,140 13,98 114,136 14,99 114,136 128 142 117 140 142 2,25 109,117 9,93 113,135 10,94 113,135 7 112 8 112 46 121 47 121 48 122 49 122 50 122 49 51 122 52 122 1 109 2 109 5, 119 110,139 19 115 53 123 54 123 55 123 56 123 57 123 58 123 59 125 60 125 62 125 2,25 109,117 19, 104 115,138 20 115 21, 110 115,138 22, 112 115,138
THE SCHOOL ORDINANCE (Chapter 12), Cont'd engagement of contract with execution of contract suspension of salary where less than year may recover salary association of not to be trustee Territorial schools (see
Part
I) Treasurer, defined Truant officer Trustees term of declaration of for separate school district body corporate resignation of vacancy of office may not have interest in contract THE SIDEWALKS ORDINANCE, AN REPEAL (Chapter 13) Ordinance, repealed SOCIETIES ORDINANCE, AN ORDINA THE (Chapter 7)
Section 2 amended
Section 18 amended
Section 50 amended
Schedule B amended WHITEHORSE SCHOOL AGRFEMENT ORDINANCE (Chapter 6)
Short title Commissioner authorized to execute Agreement may be varied Regulations THE YUKON GAME ORDINANCE, i AMEND (Chapter 11)
Section 38 amended
Section 4 amended
Section 11 amended New
section 53 New
section 77
Section Page 105 137 106 137 107 138 108 138 109 138 111 138 114 140 126 142 109,117 91 135 18 115 43 121 44,65 121, 126 49 122 64 126 79(1) 131 80 131 81 131 ORDINANCE TO 144 1 144 sICE TO AMFND 91 1 91 2 91 3 91 4 91 IDINANCE 90 1 90 2 90 3 90 4 90 ORDINANCE TO 107 1 107 2 107 3 107 4 107 5 108
CHAPTER 1 AN ORDINANCE TO FACILITATE THE ENFORCEMENT IN THE YUKON TERRITORY OF MAINTENANCE ORDERS MADE IN ENGLAND AND NORTHERN IRELAND AND OTHER PARTS OF HIS MAJESTY'S DOMINIONS AND PROTECTORATES AND VICE VERSA. (Assented to May 11th, 1950.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows : 1. This Ordinance may be cited as the "Maintenance Orders (facilities for Enforcement) Ordinance". 2.
In this Ordinance, unless the context otherwise requires: (a) "Certified Copy" in relation to an order of a Court means a copy of the order certified by the proper officer of the Court to be a true copy. (b) "Commissioner" means the Commissioner of the Yukon Territory. (c) "Court" when used with reference to the Yukon Territory includes any authority having statutory jurisdiction to make main tenance orders. (d) "Dependents" means such persons as a person, against whom a maintenance order is made, is liable to maintain according to the law in force in the place where such maintenance order is made. (e) "Governor" includes an Administrator, Commissioner, Resi dent or other officer representing His Majesty in any British Protectorate. (f) "Maintenance Order" means an order, other than an order of affiliation, for the periodical payment of sums of money towards the maintenance of the wife or other dependents of the person against whom the order is made. (g) "Prescribed" means prescribed pursuant to the provisions of this Ordinance. (h) "Reciprocating State" means any part of His Majesty's Dominions outside England and Northern Ireland to which the Imperial Act intituled the "Maintenance Orders (Facilities for Enforcement) Act, 1920," extends; or is hereinafter extended, and which has been declared under
section 12 of this Ordinance to be
2 a reciprocating state for the purpose of this Ordinance, (i) "Secretary of State" means His Majesty's Secretary of State charged with the duties prescribed under the Imperial Act intituled the "Maintenance Orders (Facilities for Enforcement) Act, 1920". 3.
(1) Where a maintenance order has, whether before or after this Ordinance comes into force, been made against any person by any Court in England or Northern Ireland or in any reciprocating state and a certified copy of the order has been trans mitted by the Secretary of State or by the Governor of the reci procating state to the Commissioner and forwarded by him to the Legal Adviser, the Legal Adviser shall send a copy of the order to the prescribed officer of the Court in the Yukon Territory for registration and on receipt thereof the order shall be registered in the prescribed manner and shall from the date of such registra tion be of the same force and effect, and, subject to the provisions of this Ordinance, all proceedings may be taken on such order as if it had been an order originally obtained in the Court in which it is so registered, and that Court shall have power to enforce the Order accordingly.
(2) The Court in which an order is to be so registered shall, whether the Court by which the order was made was a Court of superior jurisdiction or was not a Court of superior jurisdiction, be the Territorial Court of the Yukon Territory.
(3) The Legal Adviser shall not send a copy of the order to the prescribed officer of a Court in the Yukon Territory under the provisions of sub-section (1) hereof unless he has received a sum of money sufficient in his opinion to pay the cost of the proceedings to be taken in the Yukon Territory. 4.
Where a Court in the Yukon Territory has, whether before or after this Ordinance comes into force, made a mainten ance order against any person, and it is proved to that Court that the person against whom the order was made is resident in England or Northern Ireland or in a reciprocating state, the Court, on request of the person in whose favour the order was made, shall send a certified copy of the order to the Legal Adviser for transmission to the Secretary of State or to the Governor of that reciprocating state, as the case may require, and the Legal Adviser shall transmit the certified copy accordingly. 5.
(1) Where an application is made to a Court in the Yukon Territory for a maintenance order against any person and it is proved that that person is resident in England or Northern
3 Ireland or in a reciprocating state, the Court may, in the absence of that person and without service of notice on him, if after hearing the evidence it is satisfied of the justice of the application, make any such order as it might have made if a summons had been duly served on that person and he had failed to appear at the hearing, but in such case the order shall be provisional only, and shall have no effect unless and until confirmed by a competent Court in England or Northern Ireland or in such reciprocating state, as the case may require.
(2) If the evidence of any witness who is examined on any such application is not taken in shorthand the evidence shall be put into the form of a deposition, and such deposition shall be read over and signed by the witness and also by the Judge or other person presiding at the hearing.
(3) Where an order is made pursuant to sub-section (1), the Court shall send to the Legal Adviser a certified copy of the order for transmission to the Secretary of State if the person against whom the order is made is alleged to reside in England or Northern Ireland or to the Governor of the reciprocating state if the person against whom the order is made is alleged to reside in a reciprocating state.
(4) The Court shall also prepare: (
a) A statement showing the grounds on which the making of the order might have been opposed if the person against whom the order is made had been duly served with a summons and had appeared at the hearing; and (
b) A statement showing such information as the Court possesses for facilitating the identification of the person against whom the order is made and ascertaining his whereabouts.
(5) With the certified copy of the order the Court shall send also to the Legal Adviser for transmission to the Secretary of State or to the Governor, (
a) The depositions or a certified copy of the transcript of the evidence; and (
b) The statement referred to in clause (
a) of sub-section (4); and (
c) The statement referred to in clause (
b) of sub-section (4).
(6) The Legal Adviser shall transmit the documents sent to him by the Court to the Secretary of State or to the Governor of the reciprocating state but before transmission the Legal Adviser may,
4 if he sees fit, amend or add to the statement of grounds on which the making of the order might have been opposed.
(7) Where any such provisional order has come before a Court in England or Northern Ireland or in a reciprocating state for confirmation and the order has by that Court been remitted to the Court in the Yukon Territory that made the order for the pur pose of taking further evidence, the last mentioned Court shall proceed, after giving the prescribed notice, to take the evidence in like manner and subject to the like conditions as the evidence in support of the original application.
(8) If upon the hearing of such evidence it appears to the Court in the Yukon Territory that the order ought not to have been made, the Court may rescind the order, but in any other case the depositions or a certified copy of the transcript of the evidence if it was taken in shorthand shall be sent to the Legal Adviser and dealt with in like manner as the depositions or transcript of the original evidence.
(9) The confirmation of an order made under this
section shall not affect any power of the Court by which the Order was origin ally made to vary or rescind the order; but, in the making of a varying or rescinding order, the Court shall send a certified copy thereof, together with the depositions or a certified copy of a transcript of any new evidence adduced before the Court, to the Legal Adviser for transmission to the Secretary of State or to the Governor of the reciprocating state in which the original order was confirmed and in the case of an order varying the original order the order shall not have any effect unless and until con firmed in like manner as the original order.
(10) The applicant shall have the same right of appeal, if any, against a refusal to make a provisional order as he would have had against a refusal to make the order had a summons been duly served on the person against whom the order is sought to be made. 6.
(1) Where a maintenance order has been made in a Court in England or Northern Ireland or in a reciprocating state and the order is provisional only and has no effect unless and until confirmed by a Court in the Yukon Territory, and a certified copy of the order, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed is received by the Commissioner and it appears to him that the person against whom the order was made is resident in
5 the Yukon Territory, the Commissioner may send the said docu ments to the proper officer of the Court and upon receipt of such documents the Court shall issue a summons calling upon the person against whom the order was made to show cause why the order should not be confirmed and cause it to be served upon such person but the Commissioner shall not send the documents to the officer of the Court unless he has received a sum of money sufficient in his opinion to pay fhe cost of the proceedings to be taken in the Yukon Territory.
(2) At the hearing it shall be open to the person on whom the summons was served to raise any defence that he might have raised in the original proceedings had he been a party thereto but no other defence; and the statement from the Court that made the provisional order stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings shall be conclusive evidence that those grounds arc grounds on which objection may be taken.
(3) If at the hearing the person served with the summons does not appear or, on appearing, fails to satisfy the Court that the order ought not to be confirmed, the Court may confirm the order either without modification or with such modifications as to the Court after hearing the evidence may seem just.
(4) If the person against whom the summons was issued appears at the hearing and satisfies the Court that for the purpose of any defence it is necessary to remit the case to the Court that made the provisional order for the taking of any further evidence, the Court may so remit the case and adjourn the proceedings for the purpose. (5).
Where a provisional order has been confirmed under the provisions of this section, it may be varied or rescinded in like manner as if it had originally been made by the confirming Court, and where on an application for rescission or variation the Court is satisfied that it is necessary to remit the case to the Court that made the order for the purpose of taking any further evidence, the Court may so remit the case and adjourn the proceedings for the purpose.
(6) Where an order has been so confirmed, the person bound therebv shall have the same right of appeal, if any, against the confirmation of the order as he would have had against the mak ing of the order had the order been an order made by the Court confirming the order.
6 7.
(1) A Court in which an order has been registered under this Ordinance or by which an order has been confirmed under this Ordinance, and the officers of such Court, shall take all proper steps for enforcing the order.
(2) Every such order shall be enforceable in like manner as if the order were a judgment of the Court in which the order is so registered or by which it is so confirmed. 8. The Commissioner may make rules prescribing the prac tice and procedure under this Ordinance. 9. The Commissioner may make regulations as to the manner in which a case can be remitted by a Court authorized to confirm a provisional order to the Court which made the provisional order, and generally for facilitating communications between such Courts. 10.
Any document purporting to be signed by a Judge or officer of a Court in England or Northern Ireland or in a reci procating state shall, until the contrary is proved, be deemed to have been so signed without proof of the signature or judicial or official character of the persons appearing to have signed it, and the officer of a Court by whom a document is signed shall be deemed, until the contrary is proved, to have been the proper officer of the Court to sign the document. 11.
Depositions or certified copies of transcripts from short hand of evidence taken in a Court in England or Northern Ireland or in a reciprocating state, for the purposes of this Ordinance, may be received in evidence in proceedings before Courts in the Yukon Territory under this Ordinance. 12.
(1) Where the Commissioner is satisfied that reciprocal provisions have been made by the legislature of any part of His Majesty's Dominions outside England and Northern Ireland for the enforcement, within that part, of maintenance orders made within the Yukon Territory, the Commissioner may declare by Order such part to be a reciprocating state for the purposes of this Ordinance, and thereupon that part shall become a reciprocating state within the meaning of this Ordinance.
(2) In any proceeding under this Ordinance, the fact that any part of His Majesty's Dominions outside England and Northern Ireland is a reciprocating state shall be judicially noted.
CHAPTER 2 AN ORDINANCE TO AMEND THE "FOREST PROTECTION ORDINANCE" (Assented to May 11th, 1950.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The "Forest Protection Ordinance", being
Chapter 5 of the Ordinances of the Yukon Territory, 1949, Second Session, is hereby amended by striking out the definition of Forest Officer contained in
Section 2 thereof and substituting therefor the follow ing: "Forest Officer" means a Forestry Engineer appointed for the Yukon Territory by the Department of Resources and Developmei t. S.2 Cap. S, O.Y.T., 1949 2nd Amended "Forest Officer"
CHAPTER 3 AN ORDINANCE TO PROVIDE FOR A PLEBISCITE ON THE QUESTION OF BRINGING INTO FORCE 'AN ORDINANCE TO REGULATE THE SALE OF SPIRITUOUS LIQUOR FOR BEVERAGES IN COCKTAIL LOUNGES' (Assented to May 11th, 1950.)
Whereas, the Yukon Council at its present Session has passed an Ordinance entitled "An Ordinance to Regulate the Sale of Spirituous Liquor for Beverages in Cocktail Lounges", And
Whereas, the said Ordinance provides that it shall not come into force until brought into force by Proclamation of the Commissioner pursuant to the Provision of an Ordinance that may be passed providing for a plebiscite of the people of the Yukon Territory upon the question of bringing the same into force,
Preamble
Short Title Writ directing Plebiscite. And appointing Returning Officers. When Returning Officer unable to act.
Definitions of Plebiscite Officers. Day and Hours of Plebiscite, same in each District. Electoral Districts. Date fixed by Writ. The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be cited as "The Cocktail Lounge Plebiscite Ordinance, 1950". 2.
(1) On or before the 31st day of August, 1950, the Com missioner of the Yukon Territory shall cause to be issued a writ directing a plebiscite to be taken on the question to be submitted hereunder.
(2) Such writ shall be dated and shall be returnable on such day as the Commissioner determines and shall be issued by the Ter ritorial Secretary under his hand and the seal of the Yukon Ter ritory to such resident electors of each electoral district as the Commissioner appoints and such persons shall be the Returning Officers for their respective electoral districts at the plebiscite to which such writ relates.
(3) If the person to whom the writ has been addressed refuses or is unable to act, he shall, under- penalty hereinafter provided, forth with after receipt of such writ notify the Commissioner by the most speedy means available of such refusal or inability when the Commissioner may appoint some other person as Returning Of ficer who shall act under the writ already issued. 3.
The expression "Returning Officer", "Election Clerk", "Deputy Returning Officer" and "Poll Clerk" wherever used herein shall respectively mean and include the Returning Officer, Election Clerk, Deputy Returning Officer and Poll Clerk for each electoral district appointed and acting under the provisions of this Ordinance at the plebiscite to be taken on the question to be sub mitted hereunder. 4. The Plebiscite to be taken hereunder shall be taken on the same day and during the same hours in every electoral district. 5. The Electoral districts referred to herein are the electoral districts set forth in
Schedule 1 of "An Ordinance Respecting the Council of the Yukon Territory", being
Chapter 23 of the Con solidated Ordinances of the Yukon Territory, 1914, and amend ing Ordinances. 6.
(1) The Commissioner shall fix a date not later than the 30th day of September, 1950, for the plebiscite to be taken on the question to be submitted hereunder and the date so fixed shall be specified in the writ provided for in
Section 2.
(2) The writ shall be in Form A in the
Schedule tq this Ordin-
9 ance and shall be transmitted by registered mail by the Territorial Secretary addressed to the Returning Officer therein named. 7. The Returning Officer on receiving the aforesaid writ shall forthwith indorse thereon the date on which he received the same and before taking action under this Ordinance shall take before a Justice of the Peace or Commissioner for taking affidavits the oath of office set out in Form B in the
Schedule to this Ordinance and shall forthwith thereafter cause to be made by such Justice of the Peace or Commissioner a Certificate in Form C in said
Schedule to be filed with the Territorial Secretary. 8. The Returning Officer by a warrant issued under his hand in form D in the
Schedule to this Ordinance shall appoint an Election Clerk and may at any time during the taking of the vote appoint in the same manner another Election Clerk if the one so appointed resigns or is unable to perform his duties as such clerk. 9.
(1) The Election Clerk shall assist the Returning Officer in the performance of his duties and act in his stead as Returning Officer whenever the Returning Officer after appointing such Election Clerk refuses or is unable to perform his duties.
(2) All the provisions of this Ordinance in regard to Returning Officers shall apply to Election Clerks acting as Returning Officers. (3) -The Returning Officer or Election Clerk shall not act as Deputy Returning Officer or Poll Clerk in any polling place. 10. The Election Clerk, before acting as such, shall take the Oath of office in Form E in the
Schedule to this Ordinance be fore the Returning Officer or any person authorized to admin ister an oath within the Yukon Territory and a certificate in Form F in said
Schedule of his having taken such oath shall be delivered to him by the person before whom such oath is taken which cer tificate he shall forward to the Territorial Secretary. 11. The Election Clerk, when acting for or in the stead of the Returning Officer, shall be subject to like penalties as the Return ing Officer for violating any of the provisions of this Ordinance, but this shall not relieve the Returning Officer from any penalties to which he may render himself liable. 12. With all reasonable dispatch after receiving the writ provided for in
section 2 hereof the Returning Officer shall: (
a) Subdivide the area in his electoral district into as many polling divisions as he deems necessary for the convenience of voters and number them consecutively but no such polling division Form and transmis sion of Writ. Indorse ment of Writ by R.O. Election Clerk. Duties of Election Clerk. Oath of Election Clerk. Election Clerk Acting as R.O. Establishment of Polling Divisions.
10 Polling Places. Ballot Boxes. Proclamation of R.O. Posting of instructions to Voters. shall have a greater voting population than two hundred nor less than fifteen; but if a polling division should include a greatci number of votes than two hundred or less than fifteen the fact shall not be held to invalidate the poll held in that polling divi sion nor shall it render the Returning Officer liable to a penalty unless it can be shown that one or more duly qualified voters have been deprived of the opportunity to vote by reason of more than two hundred voters having been included within the polling division. (
b) Provide suitable and conveniently situated buildings ioi use as polling places. (
c) Procure or cause to be procured as many boxes, hereinafter called "Ballot boxes", as there are polling places within said area. (
d) The ballot boxes shall be made of some durable material, shall be provided with a lock and key, and shall be so constructed that the ballot paper can be introduced therein and not with drawn therefrom unless the box is unlocked. (
e) The number of the polling place at which the ballot box is to be used shall be plainly painted or otherwise securely marked thereon so that it may be easily distinguished from the ballot box of any other polling place. (
f) If the Returning Officer fails to furnish ballot boxes in the manner herein provided he shall incur a penalty of one hundred dollars in respect of every ballot box which he has failed to furnish in the manner prescribed. 13. At least seven days before the day fixed for the plebiscite hereunder the Returning Officer shall provide and cause to be posted up in some conspicuous place in the immediate neighbor hood of each polling place a Proclamation in Form G in the
Schedule to this Ordinance in which Proclamation shall be set forth: (
a) The date when the polls will be opened at the several polling places and the time during which such polls shall remain open. (
b) The numbers and whereabouts of the places at which the several polls shall be held. (
c) A statement that the plebiscite hereunder will be taken at the aforesaid polling places. (
d) A copy of the ballot containing the question to be submitted hereunder. 14. The Returning Officer shall also cause to be posted up near to the aforesaid Proclamations copies of Form H in the
Schedule to this Ordinance for the guidance of voters.
11 15.
(1) The Returning Officer shall cause to be printed and furnished for the purposes of this plebiscite a sufficient number of ballot papers for each polling place and the ballot papers shall be provided with a counterfoil and a stub, and there shall be a line of perforation between the ballot and the counterfoil and between the counterfoil and the stub.
(2) The ballot papers shall be numbered on the back of the stub and the counterfoil, the same number being printed or writ ten on the stub as on the counterfoil, and shall be bound or stitched in books of convenient size.
(3) The ballot papers shall be in the following form: Printing of Ballots. Ballot on the sale Are you in favor of the sale of spiri YES NO Ballot on the sale Are you in favor of the sale of spiri of spiritu tuous liquor for ous liquor beverages in cock for tail lounges as beverages provided for in "An in cock Ordinance to Regu tail lounges late the Sale of under Spirituous Liquor "The Cock for Beverages in tail Lounge Cocktail Lounges", Plebiscite passed at the last Ordinance, Session of the 1950". Yukon Council ? 16.
(1) For the purpose of taking the vote herein provided for the Returning Officer shall appoint by writing over his signa ture a Deputy Returning Officer for each polling place and shall thereby require the Deputy Returning Officer to open and hold the poll in such division at the time and place fixed in the Proclamation referred to in
Section 13 hereof and according to the provisions of this Ordinance.
(2) Every Deputy Returning Officer, before acting as such, shall take and subscribe before the Returning Officer or any person au thorized to administer oaths within the Yukon Territory the oath in Form I in the
Schedule to this Ordinance. 17. The provisions of "The Ordinance Respecting Elections", being
Chapter 7 of the Ordinances of the Yukon Territory, 1919, and amending Ordinances in so far as they relate to the powers and duties of Deputy Returning Officers shall mutatis mutandis apply and extend to Deputy Returning Officers appointed and acting under the provisions of this Ordinance. Numbering of Ballots. Form of Ballot Papers. Appointment of D.R.O. Oath of D.R.O. Application of "Election Ordinance" to D.R.O.
12 Form of Poll Book. Appointment of Poll Clerk. Oath of Poll Clerk Application of "Election Ordinance" to Poll Clerk. Privacy required in Polling Place. Keeping of Poll Book and Ballot Box. Secrecy of Ballot. Contents of Voting Compartment. Qualification of Voters. 18. The poll books supplied the Deputy Returning Officer shall be in Form J in the
Schedule to this Ordinance. 19.
(1) Before the hour for opening the polls on the day of the plebiscite, the Deputy Returning Officer shall appoint in writing under his signature a Poll Clerk to assist him in taking the votes or to act in his stead if necessary with all the powers and liabilities of the Deputy Returning Officer.
(2) Before acting as such, a Poll Clerk shall take and subscribe the oath in Form K in the
Schedule to this Ordinance before the Deputy Returning Officer, the Returning Officer or any person authorized to administer oaths within the Yukon Territory. 20. The provisions of "The Ordinance Respecting Elections", being
Chapter 7 of the Ordinances of the Yukon Territory, 1919, and amending Ordinances in so far as they relate to the power and duties of Poll Clerks shall mutatis mutandis apply and extend to Poll Clerks appointed and acting under the provisions of this Ordinance. 21.
The polling place shall have an outer room suitable for the accommodation of the persons or things required to take the vote under this Ordinance and opening therefrom an inner room in which the voter may mark a ballot screened from all observa tion, but where it is difficult or impossible to secure two rooms as required, a single room divided by a screen or curtain so the interior of the two parts shall be completely hidden from each other shall be sufficient. 22.
(1) In the outer room referred to in
section 21 shall be kept the poll book and ballot box.
(2) The ballot box shall be kept in a conspicuous position during the voting so the ballots may be seen as they are dropped in and shall not be touched, during the voting, except by the Deputy Returning Officer or Poll Clerk acting for him and only touched by him in such a manner that any person present can observe it. 23. Except as hereinafter provided, no person shall have access to the inner room or compartment but the voter who is engaged in marking his ballot. 24. In the inner room or compartment of the polling place there shall be a table suitable for use in marking ballots a copy of the "Instructions for Voters" in Form H in the
Schedule to this Ordinance and a copy of the Proclamation described in
section 13 of this Ordinance. 25. Every person shall be qualified to vote who is qualified to vote according to the provisions of "An Ordinance Respecting Elections", being
Chapter 7 of the Ordinances of the Yukon Ter-
13 ritory, 1919, and amending Ordinances and the provisions of those Ordinances respecting qualifications and residence of voters shall mutatis mutandis apply to voters and persons seeking to vote in the plebiscite held under the provisions of this Ordinance. 26.
(1) Every voter before receiving a ballot proper, may take the oath of qualification set forth in Form L in the
Schedule to this Ordinance.
(2) The Deputy Returning Officer may require any voter to take and subscribe the oath set forth in the said Form L.
(3) The voter shall be entitled to receive from the Deputy Re turning Officer a ballot in the form prescribed by this Ordinance and the said ballot shall be dealt with, subject to the provisions of this Ordinance, by the Deputy Returning Officer and by the Voter in the same manner as ballots are required to be dealt with under the provisions of "An Ordinance Respecting Elections", being
Chapter 7 of the Ordinances of the Yukon Territory, 1919, and amending Ordinances.
(4) The Poll Clerk shall make an entry in the poll book opposite the name of each voter, in the column provided for such entry, of the fact of his having voted or refused to take an oath. 27. An affirmative vote on the question submitted and con tained in the ballot shall be made by marking a cross, thus "X", opposite the question under the word "Yes", and a negative vote shall be made by marking a cross, thus "X", opposite the question under the word "No". 28. Every person voting shall answer the question on the ballot paper either in the affirmative or the negative in the man ner described in
Section 27. 29. The taking of the vote and all proceedings hereunder shall, subject to the provisions of this Ordinance, be conducted in the same manner as provided in "An Ordinance Respecting Elections", being
Chapter 7 of the Ordinances of the Yukon Territory, 1919, and amending Ordinances, and the provisions thereof as to dealing with the secret marking of ballots, proceed ings on a recount, corrupt practices and penalties and proceedings after the close of the poll and in all other respects shall, as far as the same are not inconsistent with the provisions of this Ordin ance, mutatis mutandis apply and extend to the taking of and completing the said vote. 30.
After summing up and ascertaining the result of the vote taken under the provisions of this Ordinance, the Deputy Returning Officer shall post in the polling place a certificate of the number of the affirmative and negative votes respectively on Oath may be required of Voter. Manner of marking Ballot. Imperative direction. Subject to this Ordinance the "Election Ordinance" shall govern proceeding's. D R O 's Certificate and return
14 the question submitted hereunder, and then shall place all the ballots used as well as unused and the oaths and all other papers in reference to the voting in the ballot box and then shall seal up the said box in the presence of" at least three voters and return the same to the Returning Officer together with a written statement of the result of the vote signed by the Deputy Returning Officer. 31.
The Returning Officer shall within fourteen days after make return the day on which the plebiscite is held sum up the result of the !«issioner. returns of all the Deputy Returning Officers and make a return to the Commissioner of the result of the plebiscite. 32. If a majority of the votes polled is in the affirmative the Commissioner shall publish forthwith a Proclamation declaring that "An Ordinance to Regulate the Sale of Spirituous Liquor for Beverages in Cocktail Lounges" shall come into force on a date to be named in the said Proclamation.
SCHEDULE Form A (Section 2) Writ in Respect of a Plebiscite To of , in the Electoral District of ., in the Yukon Territory:
Whereas, the Commissioner of the Yukon Territory has seen fit under and by virtue of the provisions of "An Ordinance to Provide for a Plebiscite on the Question of Bringing into force 'An Ordinance to Regulate the Sale of Spirituous Liquor for Beverages in Cocktail Lounges'," to order the issue of a writ in respect of a plebiscite or vote to be held thereunder for the said Electoral District of addressed to you whom he has been pleased to select to perform the duties of Returning Officer; You are therefore commanded that you do cause a plebiscite or vote to be taken under the provisions of the aforesaid Ordin ance shortly entitled "The Cocktail Lounge Plebiscite Ordinance, 1950," to ascertain the will of the voters of the said Electoral Dis trict as to whether or not "An Ordinance to Regulate the Sale of Spirituous Liquor for Beverages in Cocktail Lounges," should be brought into force such vote to be taken within the confines of the said Electoral District on the day of , 1950; and, that you do cause the result of such vote when so taken to be certified to me on the day of •. , 1950.
15 Given under my hand and seal of said Territory at the City of Dawson in said Territory, this day of , 1950. Territorial Secretary. Indorsement Received the within writ on the - — day of , 1950. Returning Officer. Form B (Section 7) Oath of Returning Officer I, the undersigned , Returning Officer for the Electoral District of - , appointed under the provisions of "The Cocktail Lounge Plebiscite Ordinance, 1950", do solemnly swear that I will act faithfully in that capacity without partiality, fear, favor or affection. So help me God. Sworn before me at .. . . , in the Yukon Territory, this . day of , 1950. Returning Officer. Signature of Officer Administering Oath.
16 Form C (Section 7) Certificate of Returning Officer Having Taken Oath of Office I, the undersigned hereby certify that on the . ._. day of , 1950, the Returning Officer for the Electoral District of - - . - _ appointed under the provisions of "The Cocktail Lounge Plebiscite Ordinance, 1950," took and subscribed before me the oath of office in such case required of a Returning Officer by
section 7 of the said Ordinance. In testimony whereof I have delivered to him this certificate. Signature of Officer Administering Oath. Form D (Section 8) Appointment of Election Clerk To . , of . . . , in the Yukon Territory, _ Know you that in my capacity of Returning Officer for the Electoral District of appointed under the provisions of "The Cocktail Lounge Plebiscite Ordinance, 1950", I have appointed and do hereby appoint you to be my election clerk to act in that capacity according to law at the plebiscite or taking of a vote under the provisions of said Ordinance.
Given under my hand this day of . -. , 1950. Returning Officer. Form E (Section 10) Oath of Election Clerk I, the undersigned . . . appointed election clerk by the Returning Officer for the Electoral District of . . _ . , under the provisions of "The Cocktail Lounge Plebiscite Ordin ance, 1950," do solemnly swear that I will act faithfully in my said capacity of election clerk, and also that of Returning Officer for
17 the Electoral District of ... if required to act as such, according to law without partiality, fear, favour or affection. So help me God. Sworn before me at ... , in the Yukon Territory, this day of , 1950. Signature of Election Clerk. Signature of Officer Administering Oath. Form F (Section 10) Certificate of Election Clerk Having Taken the Oath of Office I, the undersigned .. .. .. hereby certify that on the . day of . . , 1950, . ........ Election Clerk for the Electoral District of appointed under the provisions of "The Cocktail Lounge Plebiscite Ordinance, 1950", took and subscribed before me the oath of office required in such case of an election clerk by the said Ordinance.
In witness whereof I have delivered to him this certificate under my hand. Signature of Officer Administering Oath. Form G (Section 13) Proclamation of Returning Officer PROCLAMATION Canada Yukon Territory To Wit: Public notice is hereby given to the voters of the Electoral District of ... . in the Yukon Territory, that in obedience to "The Cocktail Lounge Plebiscite Ordinance, 1950", I require the presence of said voters at a poll to be open and held on the day of , 1950, from the hour of nine
18 o'clock in the forenoon until the hour of six o'clock in the after noon in each of the following polling places, that is to say: Polling place No. 1 .. ... at (clearly describe the polling station and so continue for all other polling places in the said area.) to determine whether or not "An Ordinance to Regulate the Sale of Spirituous Liquor for Beverages in Cocktail Lounges", shortly entitled "The Cocktail Lounge Ordinance", passed at the last Session of the Yukon Councd shall be brought into force. .
The ballot to be used will be in the following form: Are you in favour Ballot on of the sale of the sale of spirituous licruor spirituous for beverages in liquor for cocktail lounges beverages in as provided for in cocktail "An Ordinance to lounges Regulate the Sale under "The of Spirituous Liquor Cocktail for Beverages Lounge in Cocktail Lounges", Plebiscite passed at the last Ordinance, Session of the 1950". Yukon Council? of which all persons are required to take notice and govern themselves accordingly. Returning Officer. Form H Instructions for Voter Under
Section 14 Re Manner of Voting Under "The Cocktail Lounge Plebiscite Ordinance, 1950". Every man and every woman, not being an Indian, who is a British subject of the full age of twenty-one years and has resided in the Yukon Territory for at least twelve months immediately prior to the date of taking the vote and has resided in the Elec toral District in which he seeks to vote for at least one month immediately prior to said date shall be entitled to vote. Every person, otherwise qualified to vote, who is, at the date of taking the vote a resident of any Electoral District and who has
19 been a resident of the Yukon Territory for one year immediately prior to said date, but has not been a resident of such Electoral District for one month immediately prior to said date shall be entitled to vote in the Electoral District of and within which he was last a resident for one month during said period of one year. No person other than those so qualified shall be entitled to vote, and no person shall vote more than once.
The voter, on entering the polling booth, shall state his name, occupation and residence to the Deputy Returning Officer and after taking the oath of qualification as required by the Ordinance and receiving a ballot as provided for the purposes of "The Cocktail Lounge Plebiscite Ordinance, 1950", the voter shall go into the compartment provided for the secret marking of the ballot and, with a pencil provided in the compartment, if he desires to vote in favor of the sale of spirituous liquor for beverages in cocktail lounges mark a cross thus "X" opposite the question on the ballot in the space beneath the word "yes".
If he desires to vote against the sale of spirituous liquor for bever ages in cocktail lounges he shall mark a cross thus "X" opposite the question on the ballot in the space beneath the word "No".
Before leaving the compartment, the voter shall fold up the ballot paper so as to show the initials of the Deputy Returning Officer on the back of it and so that the number on the counter foil can be seen without opening it and then shall leave the compartment and, without showing the face of the ballot to any one, shall deliver such ballot so folded to the Deputy Returning Officer to be by him put into the proper ballot box in the presence of the voter and then the voter shall leave the polling place forthwith.
Every voter must answer the questions on the ballot paper in the manner above stated, either in the affirmative or the negative, and unless he so answers the same his ballot will be treated as a spoiled ballot and will not be counted. If the voter inadvertently spoils a ballot paper he shall return it to the Deputy Returning Officer who, if satisfied of such in- advertance, will give him another ballot paper.
Any voter who fails to return to the Deputy Returning Of ficer the ballot paper handed him by such officer or hands the Deputy Returning Officer any paper other than the ballot paper so delivered to him or by any means causes to be put into the ballot box any other paper than the ballot handed him by the Deputy Returning Officer shall be liable to a fine not exceeding
20 five hundred dollars and costs, or to be imprisoned for a term not exceeding one year, or both. The ballot to be used is- in the following form: Ballot on the sale of Are you in favour of the sale of spirituous NO YES Ballot on the sale of Are you in favour of the sale of spirituous spirituous liquor for beverages liquor for in cocktail lounges beverages as provided for in "An in 'cocktail Ordinance to Regulate lounges the Sale of under "The Spirituous Liquor Cocktail for Beverages in Lounge Cocktail Lounges", Plebiscite passed at the last Ordinance, Session of the 1950". Yukon Council?
Form I (Section 16) Oath of Deputy Returning Officer I, the undersigned , appointed Deputy Returning Officer for Polling Place No — of the Electoral District of under the provisions of "The Cocktail Lounge Plebiscite Ordin ance, 1950", do solemnly swear that I will act faithfully in my said capacity as Deputy Returning Officer without partiality, fear, favour or affection. So help me God. Sworn before me at in the Yukon Territory, this day of , 1950. Signature of Deputy Returning Officer. Signature of Officer Administering Oarii.
Form J POLL BOOK (Section 18) Yukon Territory, Electoral District of . The Cocktail Lounge Plebiscite held on the day of , 1950. Remarks at opening of poll .. .. .. Remarks as to conduct of poll, examination of inner room, etc. .
Summary of Count of Ballots: Reiected Ballots .. — Counted not in favor Spoiled Ballots . .. _ .... Total Ballots counted Counted in favor . I, ... Deputy Returning Officer (or Poll Clerk acting as Deputy Returning Officer) for Polling Place No. ... , in the Electoral District of . ..... .... ... - - , hereby certify and declare: That the entries appearing in this poll book are correctly made, that the number of ballots cast at the said Polh'ng Place No. . . on this day of ... , 1950, according to the provisions of "The Cocktail Lounge Plebiscite Ordinance, 1950" and "An Ordinance Respecting Elections" being
Chapter 7 of the Ordin ances of 1919 was ..... . ; that I have opened the ballot box for the aforesaid polling division in the presence of .. . and have counted the ballots therein and that there were .. ballots therein; that I have counted the number of rejected ballots therein and that there were .. such ballots therein; that I have counted the number of accepted ballots therein and that there were such ballots therein; that I opened and examined the said accepted ballots and that ... were so marked that the intent of the voter using such ballots had been made plain; that of the accepted ballots cast by which the intent of the voter had been made plain have been counted as having been cast in favour of the question submitted and have been counted as having been cast as not being in favour of the question submitted.
Dated at , in the Yukon Territory, this day of , 1950. (Signature of) Deputy Returning Officer. K> a & 2.5, W5 a id rt, ^ -a " y ° Pi B &3 • nl O rt o V & * « •4 <u U \«2 J3 d V S-S o O > r- rt 5 p H4 a Ui > O > u V o H4 a Ui o c > PH o o -° rn «J o V 3 s u> ry 3 u a pi u 0 a o
22 Form K (Section 19) Oath of Poll Clerk I, the undersigned , appointed Poll Clerk for Polling Place No. of the Electoral District of , under the provisions of "The Cocktail Lounge Plebiscite Ordin ance, 1950," do solemnly swear that I will act faithfully in my capacity as Poll Clerk and also in that of Deputy Returning Officer if required to act as such according to law without partiality, fear, favour or affection. So help me God. Sworn before me at , in the Yukon Territory, this day of , 1950. Signature of Poll Clerk. Signature of Officer Administering the Oath.
Form L (Section 26) Oath of Qualification of Voter You swear that you are legally qualified to vote at this elec tion, that you are a British subject of the full age of twenty-one years; that you have been for a period of twelve months im mediately prior to this date a resident of the Yukon Territory and that you have been for a period of one month immediately prior to this date a resident of the Electoral District of and that you have not voted before at this or any other polling place. So help you God.
CHAPTER 4 AN ORDINANCE TO MAKE PROVISION FOR THE PURCHASE OF DOMINION GOVERNMENT ANNUITIES BY YUKON TERRITORIAL GOVERNMENT EMPLOYEES (Assented to May 11th, 1950.) 1. This Ordinance may be cited as the "Annuity Plan Ordinance."
Short Title. 2. In this Ordinance, unless the context otherwise requires:
Definitions (a) "Annuity" means a life annuity with a ten-year guarantee purchased from the Government Annuities Branch of the Dominion Government, Department of Labour; (b) "Earnings" means the total compensation received from the Yukon Territorial Government, excluding bonuses, overtime pay or special payments; and (c) "Employee" means any officer or other person in the employ of the Yukon Territorial Government who is: (
i) resident or domiciled in Canada; and (ii) required during the time of his active employment to devote his constant attention to the performance of the duties of his position, and the conditions of whose employ ment for the time over which such employment extends precludes his engaging in any other substantially gainful service or occupation. 3.
The Territorial Government shall contribute for the pur- Provision chase of an annuity, in respect to any employee of the Territorial for Government in the employ of said Government prior to the 31st ^"rn i° day of March, 1947, an amount not exceeding five per cent of the total earnings of such employee earned prior to the 31st day of March, 1947. ployees 47.
24 Territorial contribu tion. Conditions. Commis sioner may make regu lations. 4. The Yukon Territorial Government shall contribute an amount equal to five per cent of the earnings of any employee of the said Government for the purchase of an annuity, providing, in all cases, the following conditions are complied with: (
a) The employee has completed one year of satisfactory service in the employ of the Territorial Government; (
b) The employee authorizes the Territorial Government to deduct five per cent of his total earnings as a contribution for the purchase of the annuity. 5. The Commissioner of the Yukon Territory may make any necessary regulations from time to time to give effect to this Ordinance. Effective date. 6. This Ordinance is deemed to be effective as of the 1st day of April, 1947.
CHAPTER 5 AN ORDINANCE TO AMEND THE "MUNICIPAL ORDINANCE" (Assented to May 11th, 1950.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows:
Section IB Amended. 1. The "Municipal Ordinance", being
Chapter 8 of the Ordin ances of the Yukon Territory, 1949, Second Session, is hereby amended by inserting the following words at the end of
Section 15 of said Ordinance: "PART XV — Administrative Commission being sections 415 to 426.
PART XVI — Territorial Levy for Public Purposes being sections 427 to 431."
25 2. The said Ordinance is further amended by adding thereto the following Part:
PART XV Administrative Commission 415.
(1) In case a municipality for any reason fails to provide for the payment of either the principal money of or the interest on any debentures issued or guaranteed by the municipality, when the payment is due, any creditor or any elector of the municipal ity may apply to a judge of the Territorial Court for the Yukon Territory for an order authorizing the appointment of an Ad ministrator for the municipality to carry out the duties and func tions provided for in this Part and upon such order being made the Commissioner of the Yukon Territory in Council may appoint such an Administrator for that municipality.
(2) In the event that at any plebiscite held for the purpose of determining whether or not the electors of a municipality prefer to have that municipality governed by an Administrator appointed to carry out the duties and functions provided for in this Part three-fifths of all votes cast be in favour of such appointment, the Commissioner of the Yukon Territory in Council may appoint such an Administrator for that municipality. 416.
An Administrator appointed under the provisions of this Part shall have all the powers and authority theretofore vested in or exercisable by the Mayor or Reeve, the Council, the Municipal Clerk and other officers of the municipality and he shall be paid out of the municipal revenue collected by him such salary and other expenses incidental to his Administration as may be authorized by the Commissioner of the Yukon Territory in Council. 417.
(1) Upon the appointment of an Administrator for a municipality under this Part, the members of the Council, the Municipal Clerk and all officers of the municipality shall be deem ed to have retired from office, and all the rights, powers and au thority theretofore vested in or exercisable by the Mayor or Reeve, the Council, the Municipal Clerk -ad all other officers of the municipality by or under the provisions of this Ordinance or any other Ordinance shall be vested in and exercisable by the Admin istrator for the municipality.
(2) Nothing contained in this
section shall operate to prevent the full exercise by the Administrator for the municipality of the powers exercisable by the Council under Clauses (5) and (6) of
Section 172. New
Part XV. Appointment of Administra trator. Powers Vested in Administrator
26 By-law Powers. Court of Revision, Assessor and Collector. Reports. Substitution of Appointee. Power of Commissioner in Council to provide for election where Administrator has been appointed. Regulation. 418. An Administrator appointed for a municipality under this Part shall have power to pass such by-laws as might be passed by the Municipal Council and shall submit the same for the approval of the Commissioner and, upon being approved, those by-laws as from the dates approved by the Commissioner shall come into force and be valid and binding in all respects as by-laws of the municipality. 419.
(1) All the powers vested in the Municipal Council as a Court of Revision and in the assessor and Collector for the mun icipality shall be vested in the Administrator for the municipality.
(2) Nothing contained in this
section shall operate to prevent the full exercise by the Administrator for the municipality of the powers exercisable under
Section 248. 420. The Administrator for a municipality shall make a re port to the Inspector of Municipalities whenever and upon such matters as may be directed by the Commissioner. 421.
(1) The Commissioner of the Yukon Territory in Council may at any time cancel the appointment of the Admin istrator for a municipality, whereupon all the powers vested in him under this Ordinance shall cease and determine, and may appoint another Administrator for the municipality in his place.
(2) When any Administrator for a municipality dies, the Commissioner may appoint an Acting Administrator in place of the Administrator who has died.
(3) An appointment made under the provisions of subsection (2) shall be only for the period from the date of the death of the Administrator to the date of the appointment of his successor at the next session of the Council of the Yukon Territory." 422.
At any time, the Commissioner of the Yukon Territory in Council by regulations may provide for the election in any municipality, for which an Administrator has been appointed under this Part, of a Municipal Council and, upon their election, may by order revoke the powers and authority vested in the Ad ministrator for the municipality and thereupon the municipal Council shall have and may exercise all the powers and authority conferred by Ordinance or by law upon municipal Councils. 423.
For the purpose of carrying into effect the provisions of this Part, the Commissioner may make such regulations not inconsistent with the spirit of this Ordinance, as he considers necessary or advisable; and for that purpose may provide for any proceeding, matter or thing for which express provision has not
27 been made in this Ordinance, or for which only partial provision has been made including the removal of any difficulty which may arise in the administration by an Administrator for a mun icipality and the prescribing of such methods of procedure gov erning his administration as may be considered desirable. 424.
(1) With the approval of the Commissioner, an Ad- Acting ministrator for the municipality may appoint a person as Acting txito" ls" Administrator for the municipality who shall have and may exercise all the powers and authority of the Administrator for the municipality during the temporary absence of the Admin istrator for the municipality at any time or when he is for any reason unable to perform his duties.
(2) Where an Acting Administrator for a municipality appears to have acted in the exercise of any power or authority of the Administrator for the municipality, it shall be conclusively pre sumed that he so acted for one of the reasons mentioned in sub section (1). 425.
Every assessment roll for any municipality for which Assessment an Administrator has been appointed under this Part, as deter- Rolls> mined or confirmed by the Court of Revision, or by the Admin istrator or by the Acting Administrator for the municipality pur porting to sit as the Court of Revision, and as further determined and confirmed on appeal from the Court of Revision, shall be deemed to be valid and binding on the municipality and on all persons. 426.
Notwithstanding any other provisions of this Ordinance, c°"?f'i» ins but without in any way affecting the provisions thereof in so aotesusta"n far as they relate to complaints or appeals against assessments of abljr / n improvements, no complaint to the Court of Revision and no conditions, appeal to a Judge of the Territorial Court of the Yukon Territory as in this Ordinance provided shall be sustained or allowed on the ground that any land in a municipality, the affairs of which are being administered by an Administrator appointed under this Part, has been valued at too high an amount in any case, if the assessment of land complained of or appealed against is not more than the assessed value of the same land in and according to the revised assessment roll for the year immediately preceding. 3.
The said Ordinance is further amended by adding thereto the following part:
PART XVI.
28 Provision for annual levy. "PART XVI Territorial Levy for Public Purposes 427. There shall be levied annually from every municipality a special rate in an amount fixed annually by the Territorial Treasurer. This rate shall be upon the total assessment of each municipality. 428. The amount levied under this part shall be known as the "Public Purposes Levy". L<evy to be forwarded within 30 days. 429. The amount of levy collected shall be forwarded to the Territorial Treasurer within thirty days after the end of the fiscal year of each municipality. Records to be available for inspection. 430.
The accounts and records of every municipality shall be available at any time for inspection by such official as may be appointed by the Commissioner for that purpose. Penalties. 431. If a municipality fails to: (
a) forward the amount of the levy as required by
section 429; or (
b) transmit to the Territorial Treasurer any report, statement or account on or before the day appointed for the transmission there- of; the municipality shall be liable for every such failure to a penalty of $2.00 for every day during which the default occurs." 4.
(1) The said Ordinance is further amended by striking out clause 28 of subsection (1) of
section 397 and substituting therefor: "(28) a general retail merchant doing business in excess of twenty thousand dollars but not in excess of fifty thousand dollars annually, fee $50.00; (28A) a general retail merchant not doing business in excess of twenty thousand dollars annually, fee $20.00;"
(2) The said Ordinance is further amended by inserting immediately after clause 45 of subsection (1) of
section 397 the following: "(45A) a filling station equipped to do minor running re pairs to motor vehicles, fee $20.00;"
(3) The said Ordinance is further amended by inserting at the end of
section 397 the following subsection: "
(5) A person or firm engaged in or carrying on as one business in one place of business two or more trades, businesses, occupations, callings, employments or purposes for each of which he is required to obtain a license under the provisions of this sec tion shall be entitled to all such licenses upon payment of the full amount of the fee for the most costly of such licenses and of ten percentum of the aggregate cost of the licenses for such other trades, businesses, occupations, callings, employments or purposes.
CHAPTER 6 AN ORDINANCE RESPECTING THE LEGAL PROFESSION (Assented to May 11th, 1950.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. This Ordinance may be cited as "The Legal Profession
short Title Ordinance". 2. In this Ordinance unless the context otherwise requires: interpre- (a) "Annual Practice Certificate" means a valid and subsisting certificate issued under the provisions of
section 9. (b) "Annual Non-practice Certificate" means a valid and sub sisting certificate issued under the provisions of
section 10. (c) "Barrister and solicitor" means a barrister and solicitor whose name is written on the roll. (d) "Certificate year" means the period from the first day of April in any year to the thirty-first day of March in the next year. (e) "Commissioner" means the Commissioner of the Yukon Territory. (f) "Court" means the Territorial Court of the Yukon Territory. (g) "Judge" means a judge of the Court. (h) "Legal Adviser" means the person who holds the office of Legal Adviser to the Council of the Yukon Territory.
30 Barristers and Solicitors Roll. Entry of Name on Roll. Legal Adviser Enrolled. Improper Omissions and errors on Roll. Secretary to keep Roll. Inspection of Roll. Copy of Roll kept at White-horse. (i) "Registration Certificate" means a valid and subsisting certificate issued under the provisions of
section 5. (j) "Roll" means the Barristers and Solicitors Roll referred to in
section 3. (k) "Secretary" means the Territorial Secretary of the Yukon Territory. (1) "Temporary Certificate" means a valid and subsisting cer tificate issued under the provisions of
section 8. 3.
(1) The Secretary shall keep the Barristers and Solicitors Roll for the Yukon Territory which shall be the Roll prepared and kept at the date of the coming into force of this Ordinance under the provisions of "The Legal Profession Ordinance", being
Chapter 50 of the Consolidated Ordinances of the Yukon Ter ritory, 1914, with such additions and alterations as are from time to time made thereto under the provisions of this Ordinance.
(2) Upon the production to the Secretary of a registration cer tificate issued by the Court and of a receipt from the Territorial Treasurer for the payment required by the provisions of
section 6, the Secretary shall cause the name of the person designated in such certificate to be entered on the Roll with the date of such entry.
(3) The Secretary also shall cause the name of the person who from time to time holds the office of Legal Adviser to the Council of the Yukon Territory to be entered on the Roll with the date of such person's appointment to that office.
(4) If any name is improperly omitted from or inserted on the Roll, or if a mistake occurs in any name on the Roll, the Court may, upon notice being given to the person whose name is im properly omitted, inserted or written on the Roll, order the Sec retary to add, strike off or correct such name in the manner the Court directs and the Secretary shall comply with such order and shall note on the Roll opposite the name affected the date of and authority for such change.
(5) The Secretary shall keep the Roll in his office.
(6) Upon payment of a fee of fifty cents any person may inspect the Roll at any time during the hours when the office of the Secretary is open to the public.
(7) The Deputy Clerk of the Court shall keep in his office at Whitehorse, in the Yukon Territory, a copy of the Roll containing the additions, alterations and changes made therein from time
31 to time and such copy shall be open for inspection by any person during the hours when the Deputy Clerk's office is open to the public.
(8) Production of a certificate of the Secretary shall be sufficient proof of enrollment as a barrister and solicitor. Secretary's Certificate of Enrollment. 4. In addition to the persons enrolled as barristers and ^7| solicitors at the time of the coming into force of this Ordinance, the following persons, subject to their compliance with the provi sions of this Ordinance, shall be entitled to be named on the Roll: (
a) A person who has been duly called to the Bar of a province of Canada, or has been admitted to practise as an attorney, ad vocate, barrister or solicitor in any of His Majesty's superior courts therein; and (
b) who produces evidence satisfactory to the Court of the call or admission referred to in paragraph (a); and (
c) who produces testimonials satisfactory to the Court of good character and of good standing in the law society of the province of which he is an attorney, advocate, barrister or solicitor; and (
d) who is a citizen of Canada of the age of twenty-one years and upwards. ons titled to be named on Roll. 5.
(1) A person who is qualified to be named on the Roll under the provisions of
section 4, and who is an applicant for a registration certificate, shall publish in the Yukon Gazette for two consecutive weeks a notice which states: (
a) the name and residence of the person seeking enrollment; and (
b) the qualification upon which he relies; and (
c) the time and place at which he will make application. (2) ' A person, who produces to the Court evidence that he has satisfied the provisions of
section 4 and has published the notice required by sub-section (1) hereof, shall be entitled to a registration certificate from the Court stating that he is entitled to be enrolled as a barrister and solicitor in the Yukon Territory.
(3) A registration certificate shall be in Form A in the
Schedule to this Ordinance and shall be signed by the Clerk of the Court and sealed with the seal of the Court. Notice of Application for Registration Certificate. Registration Certificate to be granted by Court Form of Registration Certificate.
n Enrollment Fee. Enrollment of qualified articled Clerks. 6. A person who is granted a registration certificate shall forthwith pay to the Territorial Treasurer an enrollment fee in the sum of two hundred dollars. 7. Notwithstanding anything elsewhere in this Ordinance contained, any person, who before the date of the coming into force of this Ordinance has filed articles of clerkship with the Secretary under the provisions of
section 14 of "The Legal Pro fession Ordinance", being
Chapter 50 of the Consolidated Ordin ances of the Yukon Territory, 1914, and who pursuant to the provisions of said articles and said Ord*rance qualifies for and receives, within the five years next after the date of the coming into force of this Ordinance, a certificate from the Court that he is entitled to be enrolled as a barrister and solicitor, shall, upon the presentation of such certificate and of the receipt for the payment required by
section 6 to the Secretary, be entitled to have his name written on the Roll. Annual Practice Fee. Annual Practice Certificate. Expiration of Annual Practice Certificate. First Annual Practice Fee. Non-practice Fee. 8.
(1) Subject to the provisions of sections 9 and 12 and to sub-section (4) hereof, every person whose name appears on the Roll shall pay to the Territorial Treasurer on or before the thirty- first day of March in each year an annual practice fee in the sum of thirty dollars.
(2) Upon receipt of the annual practice fee the Territorial Treasurer shall issue to the barrister and solicitor who pays the same an annual practice certificate in the Form B in the
Schedule to this Ordinance.
(3) An annual practice certificate shall expire on the thirty-first day of March next following the day upon which it was issued.
(4) Where application for enrollment is made by the holder of a registration certificate under the provisions of
section 4 or
section 7, he shall pay to the Territorial Treasurer his first annual prac tice fee at the same time he pays the fee required by
section 6. 9.
(1) Where a barrister and solicitor does not intend to practise as a barrister and solicitor at any time during any cer tificate year, he may: (
a) file with the Territorial Treasurer a statutory declara tion stating that he does not intend to practise as a barrister and solicitor at any time or times within the specified certificate year; and (
b) pay to the Territorial Treasurer a non-practice fee in the sum of five dollars.
(2) Upon receipt of such declaration and fee the Territorial Treasurer shall issue to the barrister and solicitor an annual non- practice certificate in the Form C in the
Schedule to this Ordin ance for the certificate year therein specified. 10.
(1) A barrister and solicitor, who has not paid his annual fee for any year or years since his enrollment and who wishes to resume practise as a barrister and solicitor in the Yukon Territory, may: (
a) file with the Territorial Treasurer a statutory declaration stating that he has not at any time or times when he was not the holder of an annual practice certificate or of an annual certificate issued under the provisions of "The Legal Profession Ordinance", being
Chapter 50 of the Consolidated Ordinances of the Yukon Territory, 1914, practised as a barrister and solicitor in the Yukon Ter ritory and his reasons for not so practising; and (
b) pay to the Territorial Treasurer a sum equal to five dollars for every year in which since his enrollment he has not held such an annual practice certificate or such an annual certificate; and (
c) pay to the Territorial Treasurer the full annual practice fee for the then current certificate year.
(2) Upon receipt of the declaration and the full amount of the sums mentioned in sub-section (1), the Territorial Treasurer shall issue to the barrister and solicitor an annual practice certificate for the then current certificate year. 11.
(1) Before any person enrolled as a barrister and solicitor begins the practice of his profession as such he shall be presented to the Court by a barrister and solicitor in good standing and shall in open Court take an oath administered by the Clerk of the Court in the following form: Annual Non-Practice Certificate Upon resumption of Practice. Declaration Piled. Non-practice Pees paid. Annual Practice Pee paid. Current Annual Practice Certificate shall be given.
Oath of Barrister and Solicitor in Open Court Oath of a Barrister and Solicitor "I, , do swear that I am a Canadian citizen by birth (OR by naturalization,) and that I am of the full age of twenty-one years. So help me God"; The Clerk of the Court under the direction of the Court shall say to the barrister: "You are called to the degree of barrister to protect and de fend the rights and interests of such persons as may employ
34 you. You shall conduct all causes faithfully and to the best of your ability. You shall neglect no man's interest nor seek to destroy any man's property. You shall not refuse causes of com plaint reasonably founded, nor shall you promote suits upon frivolous pretenses. You shall not pervert the law to favour or prejudice any man, but in all things shall conduct yourself truly and with integrity.
The King's interests and your fellow sub jects you shall uphold and maintain according to the constitution and laws of this Territory." To which the barrister shall answer: "All this I swear to observe and perform to the best of my knowledge and ability. So help me God." "I, - - ...... , do further swear that I will truly and honestly demean myself in the practice of a solicitor according to the best of my knowledge and ability. So help me God." Legal Adviser deemed qualified. Prohibition. 12. The Legal Adviser shall be deemed a duly qualified bar rister and solicitor practising in the Yukon Territory. 13.
No person is entitled to recover a fee, reward or remun eration for professional services rendered as a barrister and solicitor unless at the time the services are rendered he holds an annual practice certificate. Offences. 14.
(1) Any person, not being the holder of an annual prac tice certificate who, within the Yukon Territory: (
a) publicly or privately for hire, gain or hope of reward practises as a barrister or solicitor; or (
b) appends to his name the title of barrister or solicitor or any word used in substitution for or in abbreviation thereof; or (
c) holds himself out in any way to be duly qualified to practise as a barrister or solicitor; or (
d) assumes any title or description implying or designed to lead the public to believe that he is duly qualified to practise as a barrister or solicitor; or (
e) holds himself out as a partner or agent of any barrister or solicitor; or
15 (
f) participates in the profits as profits of the office or any- business of any barrister or solicitor carried on or tran sacted as the practice of such barrister or solicitor; is guilty of an offense and is liable upon
summary con viction to a fine of one hundred dollars for the first offence and to a fine of two hundred dollars for each subsequent offence.
(2) Any person who assists any person to contravene any pro vision of this
section or of
section 13 is guilty of an offence and is liable upon
summary conviction to a fine of one hundred dollars for the first offence and to a fine of two hundred dollars for each subsequent offence and if a barrister and solicitor shall be struck off the Roll and disqualified from practising as a barrister and solicitor.
(3) Any person who contravenes any provision of this
section Ouiit of v / J r / r contempt. is guilty of contempt of Court and may be so dealt with by the Court.
(4) Any person doing any of the acts prohibited by this
section Disability shall be incapable of recovering any fee, reward or disbursement on account thereof, and any sum paid to such person therefor may be recovered by the person paying the same.
(5) Nothing in this
section shall be deemed to prevent any person acting on his own behalf in any action, cause, suit or matter. 15. In the case of an offence under this Ordinance punish able upon
summary conviction the complaint shall be made, or the information laid, within one year from the time when the matter of the complaint or information arises. 16. All barristers and solicitors shall be officers of the Court Barristers and other Civil Courts of the Territory and the Court or any Solicitors judge thereof shall possess and exercise the same powers and officers of jurisdiction over and in respect of such barristers and solicitors °" r ' as on the twenty-sixth day of March, 1915, was possessed by the by hCourt e Supreme Court of Judicature in England over and in respect of solicitors of the said last mentioned Court. 17.
(1) No barrister and solicitor shall wilfully and know- Barr°sters° f ingly act as the professional agent of any person not duly en- solicitors rolled and qualified to act as a barrister and solicitor or suffer Limitation.
36 his name to be used in any such agency on account of or for the profit of any unqualified person or send any process to such per son or do any other act to enable such person to practise in any respect as a barrister and solicitor knowing him not to be duly qualified.
(2) No barrister and solicitor shall enter into any partnership agreement or arrangement in the nature of a partnership, or into any agreement or arrangement for sharing or dividing costs, pro ceeds or profits, or the fruits of any litigation or of any legal business transacted by such barrister and solicitor with any person not duly enrolled and qualified to practice as a barrister and solicitor in the Yukon Territory. Investigation of complaint against Barristers and Solicitors 18.
(1) The Legal Adviser shall inquire into and thoroughly investigate any complaint made to the Legal Adviser by any person against any barrister and solicitor for any cause whatso ever, or against any person for any violation of any of the pro visions of this Ordinance. Inquiry into misconduct of a Barrister or Solicitor by Court. Discipline by Court.
(2) The Legal Adviser to whom such complaint is made, if the same is well founded, shall take proceedings for disciplining or otherwise punishing such barrister and solicitor or other person in the manner provided therefor in this Ordinance. 19.
(1) If upon application by any person concerned, sup ported by affidavit, made to the Court, it shall appear prima facie that a barrister and solicitor has been guilty of: (
a) professional misconduct or conduct unbecoming a bar rister and solicitor; or (
b) such misconduct as would in England be sufficient tc bring a solicitor under the punitive powers of the Supreme Court of Judicature; or (
c) a breach of any of the provisions of this Ordinance; the Court shall cause notice to be given to such barrister and solicitor calling upon him to answer the charges and at the time and place appointed by such notice shall hear the complainant and the barrister and solicitor and any evidence adduced by them or either of them.
(2) If the Court finds the complaint well founded it shall direct that the name of such barrister and solicitor be struck off the Roll or shall suspend him from practising for such period as may be considered proper or make such other order as is just.
37 20.
(1) The Court may order that notice of any application made under
section 21 be given by the complainant to the Legal Adviser and to such other person or persons as the Court thinks proper, and the Legal Adviser and the person or persons so notified may appear in person or by barrister and solicitor on such applica tion.
(2) The conduct of an application made under
section 21 may be entrusted by the Court to the Legal Adviser. 21. In any application made to the Court under the provisions of
section 20, 21 and 22, the name of the barrister and solicitor complained of shall be suppressed and all proceedings shall be headed: "In the matter of , a Barrister and Solicitor", until the Court directs the insertion of the name of such barrister and solicitor. 22.
Whenever any barrister and solicitor is struck off the Roll of barristers and solicitors or suspended from practising the Clerk of the Court shall certify the same under his hand and seal of the Court to the Secretary who shall file such certificate and shall make a note opposite the name of the person on the Roll of his having been struck off the same or suspended, and in the case of suspension of the time of such suspension. 23.
(1) The Court may, on application made for that pur pose, and when in the opinion of the Court the subsequent con duct of the barrister and solicitor and the facts warrant it, order the name of any barrister and solicitor struck off the Roll to be restored thereto upon such terms as to the payment of money or otherwise as the Court directs, and in such case the Clerk of the Court shall certify the same under his hand and the seal of the Court to the Secretary, who shall file such certificate and make a note opposite the name of such person on the roll of his having been restored thereto.
(2) Notice of such application shall be given to the Secretary, the Legal Adviser and such other person or persons as the Court or a judge upon ex parte application directs and the persons so notified may appear in person or by barrister and solicitor and oppose or consent to the application.
(3) Before being entitled to be restored to the Roll under the provisions of this
section the person whose name is sought to be restored shall pay all arrears of fees due by him to the Territorial Treasurer including the fees for the period which has elapsed since he was struck off the Roll. Notice of Inquiry. Form of proceeding on Inquiry Certificate of striking off or of suspension. Order and Certificate of restoration to Roll. Payment of arrears of Fees on restoration to Roll.
38 Striking name off Roll of Articled Clerks. 24. Whenever a person being an articled clerk shall be found by the Court or a judge, after due enquiry, to have been, either before or after the coming into force of this Ordinance, guilty of professional misconduct or conduct unbecoming an articled clerk or of having contravened any of the provisions of this Ordinance or any of the provisions of "The Legal Profession Ordinance", being
Chapter 50 of the Consolidated Ordinances of the Yukon Territory, 1914, it shall be lawful for the Court or Judge to strike the name of such clerk from the Roll of Articled Clerks. Legal Adviser may institute proceedings. Repeal Cap 50, COT T , 1914 25. The Legal Adviser may institute or authorize the institu tion of any proceedings under this Ordinance for any breach of its provisions. 26. Except as is herein specifically provided otherwise "The Legal Profession Ordinance", being
Chapter 50 of the Consolidat ed Ordinances of the Yukon Territory, 1914, and amending Ordin ances, is hereby repealed.
SCHEDULE Form A (Section 5) Registration Certificate To All To Whom These Presents Shall Come or Whom The Same May In Anywise Concern Greeting: Know Ye that - _ , of , in the . . — .. , Barrister-at-law and member of the Bar of . . _, has qualified to be named on the Barristers and Solicitors Roll for the Yukon Territory pursuant to "The Legal Profession Ordin ance", and that, pursuant to and under the authority of the said Ordinance, the said - - - is entitled to be enrolled as a Barrister and Solicitor in the Yukon Territory.
Given under my hand and the Seal of the Territorial Court of the Yukon Territory, at the City of Dawson, in the Yukon Territory, this . day of _ .— ... . , 19 .. . (SEAL) Clerk of the Court.
39 Form B (Section 8) Annual Practice Certificate No. Yukon Territory.
This is to certify that .. . _ of the - .. . . - of .. _ ... _ , in the Yukon Territory, a duly enrolled Barrister and Solicitor of the Yukon Territory, has paid a fee of $30.00 as provided for by "The Legal Profession Ordinance" for a practising Barrister and Solicitor and is entitled to all the rights and privileges of a Barrister and Solicitor and to practice as a Barrister and Solicitor in the Yukon Territory for one year commencing on the first day of April, 19 , and ending on the thirty-first day of March, 19 Dated at Dawson in the Yukon Territory, the day of _ .... ---, 19.. .
Territorial Treasurer. (SEAL) Form C (Section 9) Annual Non-Practice Certificate No. . ... Yukon Territory.
This is to certify that . ... ... of the of ..... in the .. , a duly enrolled Barrister and Solicitor of the Yukon Territory, has paid a fee of $5.00 as provided for by "The Legal Profession Ordinance" for a non- practising Barrister and Solicitor and is entitled to all the rights and privileges of a Barrister and Solicitor of the Yukon Territory other than the right to practise law in the said Territory for one year commencing on the first day of April, 19 , and ending on the thirty-hrst day of March, 19. . . Dated at Dawson in the Yukon Territory, the day of , 19 . (SEAL) Territorial Treasurer.
CHAPTER 7 S. 18, Cap. 76, C.O.Y.T., 1914, Amended. AN ORDINANCE TO AMEND "THE YUKON TERRITORIAL PUBLIC SERVICE ORDINANCE" (Assented to May 11th, 1950.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: "The Yukon Territorial Public Service Ordinance", being
Chapter 76 of the Consolidated Ordinances of the Yukon Territory, 1914, is amended by adding the following paragraph immediately after paragraph (
e) of
Section 18: "(
f) He shall execute under the seal of the Yukon Territory and his signature all transfers of land given from the Government of the Yukon Territory as the registered owner of land."
Short Title. Interpretation.
CHAPTER 8 AN ORDINANCE RESPECTING THE CONTROL OF TUBERCULOSIS (Assented to May 11th, 1950.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be cited as "The Tuberculosis Con trol Ordinance". 2.
In this Ordinance, unless the context otherwise requires: (a) "Board" means the Board of Directors of the League. (b) "Commissioner" means the Commissioner of the Yukon Territory. (c) "Director" means a director of the League. (d) "Institution" means an institution either within or without the Yukon Territory established or approved by the League for the treatment of tuberculosis. (e) "League" means the Yukon Anti-Tuberculosis League.
41 (f) "Member" means a member of the League. 3. The Yukon Anti-Tuberculosis League is hereby constitut- League ... , . Incorpor- ed as a body corporate and politic. ated. 4.
The objects of the League shall be the care, conduct and objects, management of sanatoria and hospitals for the treatment of tuber culosis, the establishment, either independently or in co-operation with municipal, hospital or other authorities of clinics for exam ination and diagnosis, and the adoption of such measures and the promotion of such works and undertakings as may in its opinion be deemed necessary or desirable for preventing the development and spread of tuberculosis in the Yukon Territory. 5. The following persons shall be members of the League: Membership (
a) The Territorial Treasurer and the Territorial Agents at Whitehorse and Mayo; (
b) All Medical Health Officers in the Yukon Territory appoint ed under the provisions of any Ordinance or Municipal by-law; (
c) All members of hospital boards; (
d) All members of municipal boards of health; (
e) Such other persons as may be admitted to membership under the bylaws, rules or regulations of the League. 6. The property, business and affairs of the League shall be Manage- managed by a board of directors who shall be appointed or elected in accordance with the provisions of this Ordinance. 7.
(1) On or before the 30th day of June, 1950, and every Appomt- two years thereafter, the Commissioner may appoint five persons election or to be directors, who shall hold office for a period of two years from the first day of July following their appointment.
(2) The Territorial Treasurer shall be a director.
(3) The Territorial Agent at Whitehorse shall be a director.
(4) The Territorial Agent at Mayo shall be a director.
(5) The Mayors and Reeves of all municipalities shall be direc tors.
(6) In each year each local hospital board shall elect one of its members who shall be a director and hold office for a period of one year or until his successor is elected.
(7) Every medical health officer shall be a director. Directors.
42 Quorum. President and Chairman. League. Powers of Board. Objects and aims of League Powers.
(8) In each year the directors may appoint from the members a further number of directors, not exceeding five in any one year, who shall hold office for one year. 8. Five directors shall be a quorum of the Board. 9.
(1) The directors shall at their first meeting in each year choose from their number a president and vice-president, a chairman and a vice-chairman who shall hold office until their successors have been elected in like manner.
(2) The chairman shall act as presiding officer at meetings of the League and of the board, or in his absence the president may act as presiding officer, voting only when there is an equality of votes.
(3) In the absence of the president or chairman, their powers shall be exercised respectively by the vice-president and vice- chairman. 10. The board may exercise all powers of the League. 11.
(1) The chief objects and aims of the League shall be the care and treatment of residents of the Yukon Territory af flicted with tuberculosis and the adoption of such measures as may be deemed requisite for preventing or minimizing the de velopment and spread of the disease in the Yukon Territory.
(2) To attain its objects in so far as possible, and without restrict ing the generality of sub-section (1), the League shall have power: (
a) to continue to maintain and operate any institution here tofore established as a sanatorium for the treatment of tuberculosis; (
b) to assist in the training of persons for the study, care and treatment of tuberculosis; (
c) to establish such sanatoria, clinics and other institutions or agencies as are necessary or incidental to the fulfil ment of the objects of the League, with, full authority to maintain, operate and carry on, the same; and, in par ticular, and without restricting the generality of the foregoing; (
i) to operate, or to arrange for the operation of clinics for the purpose of diagnosis and to facilitate the distribution of cases of tuberculosis to various in stitutions for treatment; and
43 (ii) to conduct, or arrange for the conducting of, tuberculosis travelling clinics and chest X-ray sur veys; (
d) to enter into agreements with organizations and institu tions, including municipalities and provincial govern ments, for the purpose of carrying out the diagnosis, treatment, mitigation and elimination of tuberculosis; (
e) to carry on, in co-operation with the Canadian Tuber culosis Association, the sale of Christmas seals; (
f) to take such steps as may from time to time be necessary for the solicitation and collection from the public, or from individuals, of funds for the purpose of furthering the objects of, and carrying out and exercising the duties and powers imposed upon or granted to the League. to correlate and co-ordinate all agencies established in the Yukon for the purpose of diagnosis, prevention and treatment of tuberculosis and for the furtherance of educational efforts with respect thereto; to set up minimum uniform standards for the care of tuberculosis patients in all institutions and to plan the most effective use of the facilities available for that purpose; to develop and extend throughout the Yukon Territory an educational program for tuberculosis control and prevention; (
j) to render consultatory, advisory and supervisory services to all agencies established, or to be established, for the prevention, diagnosis and treatment of tuberculosis; to co-operate with the Indian Health Services of the Department of National Health and Welfare of the Government of Canada in endeavoring to establish a satisfactory tuberculosis control programme for the Indian population of the Yukon Territory; (1) to perform such other duties, not inconsistent with this Ordinance, as the Commissioner may order. 12.
(1) Subject to the provisions of this Ordinance, the By-laws. League may pass by-laws and resolutions and make rules and regulations prescribing the terms and conditions upon which patients may be admitted into or discharged from institutions
44 Assent to By-laws. Management of Institutions. Maintenance of buildings. League May accept gifts. General Meetings. Superintendents and other Employees. Physicians. under its control and the fees to be paid for the care, while under observation, of persons other than those mentioned in
section 20, providing for the management and control of such institutions and for paying the expenses of any incidental medical, surgical, dental or other services in connection with the treatment of any patient returning to his home, respecting the endowment of wards or beds or pavilions by individuals or organizations, and in general for carrying out the provisions of this Ordinance and effecting the objects for which the League has been established.
(2) By-laws of the League shall be valid and binding and shall have force and effect only after a majority of the directors have given their assent in writing thereto. 13. The Commissioner in Council may upon such terms and conditions as he deems expedient commit to the League the care, control, conduct and management of any institutions or tuber culosis sanatoria at any time owned by the Government of the Yukon Territory. 14. The League shall maintain and keep in good order and repair all sanatoria, hospitals and other buildings under its charge and also all equipment used in connection therewith. 15.
The League may receive, accept and enjoy such grants, gifts, devises and bequests as are made, given or bequeathed to it by any person, association, corporation or municipal or govern ment authority and whether given for the general purposes of the League or any particular purpose; and may establish a perman ent endowment fund for the purposes of the League. 16.
(1) A general meeting or meetings of the League may be held at such times and places in the Yukon Territory as the board may appoint.
(2) Due notice of such meeting written or printed shall be given by the president to each member mailed to him at his last known place of address at least fourteen days previous to the date of meeting. 17. The board by by-law may appoint one or more medical superintendents, a managing director, a secretary, a treasurer or secretary-treasurer and such other officers and employees as are necessary and proper for the due administration of its affairs and may make provision for their remuneration. 18. The board may appoint one or more physicians to ex amine applicants for admission to the sanatoria or institutions and to determine whether such persons are suffering from tuber culosis.
45 19. Directors and officers of the league may visit all hos pitals where patients are being treated for tuberculosis to ascertain what facilities are afforded for their treatment and to advise with regard thereto. 20.
(1) No patient for whose care the Government of Canada is responsible shall be entitled to receive care and treat ment at the expense of the League.
(2) Subject to the other provisions of this Ordinance, every per son suffering from tuberculosis and every person who, on the certificate of a duly qualified medical practitioner, is suspected of so suffering may receive care and treatment at the expense of the League.
(3) Where a person so suspected of suffering from tuberculosis is declared by any clinic or medical superintendent of the League to be non-tubercular, he shall be immediately discharged, and the expenses in connection with his care while under observation for purposes of diagnosis may be charged such person at the average rate of cost of maintenance.
(4) The medical superintendent shall discharge any patient who in his opinion has received the necessary education or treatment, and may at his discretion request the board to discharge any pati ent for misconduct or breach of any by-law, resolution, rule or regulation of the League. Visitation of Hospitals. Persons entitled to care and treatment. 21.
The board in the interests of a patient, or to reduce the cost of caring for a patient who, in the opinion of the board, is fit for partial employment, may make such provision and may erect such buildings as it deems necessary or desirable for the vocational training or employment of such patient and for his maintenance while so engaged. Vocational training of patients. 22.
The board may make such arrangements as it deems ex- insurance pedient, either with an insurance company, or in any other man- Employees, ner, for indemnifying its employees against accident or sickness, or both, and may also make similar arrangements for insuring the lives of its employees. T> TL li i • • r v r Expense of IS.
Ihe board may make provision lor paying directors tor Directors. their expenses in going to and returning from its meetings includ ing an allowance for sustenance if the meetings in respect of which such expenses are paid are held in a place which is not the com munity where the directors reside.
46 Annual estimates. Notice to Commissioner. Payment by Government of Yukon Territory. Financial year. Auditor. Auditor's report. 24. As soon as practicable in each year the board shall pre pare in detail an estimate of the probable expenditure of r.he League for the year. 25. On or before the 15th day of February in each year the board shall give notice to the Commissioner of the net estimated expenditure of the League to be borne by the Government of the Yukon Territory and giving the following additional particulars, namely : (
a) the number of patients who received care and treatment under
section 20 during the preceding year; (
b) the cost of such treatment; (
c) the total sums received or payable from sources other than the Government of the Yukon Territory during the preceding year; (
d) the total amount of estimated expenditures for the year. 26. The Government of the Yukon Territory shall pay to the League one-half of the amount to be borne by the Govern ment of the Yukon Territory on or before the thirtieth day of June and the balance on or before the thirty-first day of December of the current year. 27. The financial year of the League shall end on the thirty- first day of December on which date the books and accounts shall be closed and balanced. 28. The Commissioner shall in each year appoint an auditor for the League. 29.
(1) The accounts of the League shall be audited an nually and the auditor shall submit an annual report to the League not later than the first day in February in each year.
(2) Such report shall show: (
a) the total number of patients treated during the preceding year; (
b) the total number of days during which such patients were under treatment; (
c) the cost of such treatment; (
d) the total sum received or payable by grant from the Government of the Yukon Territory during the preced ing year.
47 (
e) the total sum received or payable from other sources during the preceding year; (
f) the total number of patients who received care and treatment at the expense of the League under
section 20 during the preceding year; (
g) the total number of days during which such patients were under treatment; (
h) the cost of the League administration during the pre ceding year; (
i) such other information as the directors may require.
(3) The expression "cost" mentioned in clause (
c) of subsection 2 shall include all expenditures for maintenance and operation of sanatoria and institutions, for consultant and clinic diagnostic- services, and travelling expenses paid in accordance with a by law passed under the authority conferred by
section 12. 30.
(1) The board shall transmit to the Commissioner, on 11-1 Annual or before the first day of March in each year, a report on the Report affairs of the sanatoria, hospitals or institutions under its charge or in which it has placed patients under its charge, showing in detail the assets and liabilities of the League at the end of the preceding financial year and the number of patients received and treated during that year in such sanatoria, hospitals or institutions and containing such further information as to the sanatoria, hos pitals or institutions and the affairs of the League generally as the Commissioner may require.
(2) The report shall be laid before the Council of the Yukon Territory at the then next ensuing session. 31. The Commissioner may appoint one or more inspectors inspect to inspect and to report upon the sanatoria, hospitals and institu tions in charge of or vised by the League, and for such purpose such inspectors shall make all proper inquiries as to the mainten ance, management and affairs thereof, and, by examination of the register and by such other means as may be deemed neces sary, satisfy themselves as to the correctness of any returns made under this Ordinance. 32. This Ordinan