Consolidated Ordinances of the Yukon Territory, 1939 — Ordinance respecting Amend "The Miners' Protection Ordinance" 2. An Ord

Consol. Ord. 1939

Yukon — Historical Statutes

ORDINANCES OF THE YUKON T[RRITORY P ASSJ!D BY THE YUKON COUNCIL IN THE YBAR. 1939 GEORGE ALLEN JECKELL CONTROLLER Priated aad PublUlled for tile GovunmeDt of tbe YukoaTerritory UDder Authority of a.plcr 75 of the CoalOUdated OnU.allccs of .1)14 BY PIBRCY POWBLL. KlD'-. Pr/atar

ORDINANCES OF THE· YUKON T[RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1939 GEORGE ALLEN JECKELL CONTROLLER . ~ ~ .. - Priakd aad Published for tbe Governmeat of tbc Yukoa Territory Uader Authority of

Chapter 75 of the Coasolidatec:l Ordiaaaccs of .'.4 BY PIERCY POW ELL. K1nlto Printer

TABLE OF CONTENTS Chap. 1. An Ordinance to Amend "The Miners' Protection Ordinance" 2. An Ordinance to Amend "The Assessment" Ordinance" ......... . 3. An Ordinance to Amend "The Workmen's Compensation Page. 1·2 3 Ordinance" .................................................................................... 4·5 4. An Ordinance to Amend "The Yukon Game Ordinance........ 6·7 5. An Ordinance for Granting to the Commissioner Certain Sums of Money to Defray the Expenses of the Public Service of the Territory and the Ci.ty of Dawson.............. 8·1:1

CHAPTER 1 AN ORDINANCE TO AMENO "THE MINERS' PROTECTION ORDINANCE" ( A s~enled 10 !vI ay 2nd, 1939.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Miners' Protection Ordinanct", being Chap ter 65 of the Consolidated Ordinances of the Yukon Terri tory, 1914, is hereby amended by adding thereto the follow ing

section immediately' after

section 19 thereof: "20.

(1) Every workman-whose work takes him into any quartz mine, or into any ore-crushing or rock-crushing operation of any mine, shall be examined by a physician selected by and at the expense of the employer at least once in every six months j and every workman who is being given such employment shall be so examined. "( 2) If the physician finds upon examination that the workman is free from diseases of the respiratory organs and generally fit for work underground, he shall certify in writing that such is the case, and shall deliver a copy of such certificate to the workman. Miners' Protection Ordinance amended. 'Yorkmen tu be examined by physician. Certlftcate by physician.

2 THE MINERS' PROTECTION ORDINANCE, AMENDMENT Certliflcate to be In force for six months. "( 3) Every such certificate shall remain in force for not more than six months from the date of issue, and, if.so required by the employer, it shall be delivered to and remain in the custody of the employer during the period of the· workman's employment, and shall be returned to him on his being discharged from or leaving the same. Examination· "

(4) The examination to be made pursuant to this to Include X-Ral'.

section shall include X-Ray as well as general examination." Hule 25 nmended. Wa ter needle 11, hE' used. Ores. etc" to be sprayed with water. 2. The said Ordinance is further amended by striking out of Rule 25 thereof as enacted by

Chapter 3 of the Ordinances of 1934, all the words beginning with the word "jet" in the third line thereof up to the end of the said Rule, and substituting there for the following, "water needle to prevent the escape of dust." 3. The said Ordinance is further amended by adding thereto immediat.ely after Rule 25 in

section 17 of the said Ordinance, the following: "Rule 26. All ores or other material in a mine which have been broken by blasting, and all ores when they are entering the crusher, shall be thoroughly sprayed with water .to prevent dust rising therefrom."

THE ASSESSMENT ORDINANCE, AMENDMENT

CHAPTER 2 AN ORDINANCE TO AMEND "THE ASSESSMENT ORDINANCE" (Assented to May 2nd, 1939.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Assessment Ordinance," being

Chapter 5 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding after the word "exempt" in the last line of subdivision (

j) of

section 4 of the said Ordinance, as amended by

section 1 of the Ordinances of 1922, the following: "Provided that where a husband and wife each is ill ,receipt of an income of $1,000.00 or more, each shall be entitled to an exemption of $1,000.00, and the husband shall in addition have an exemption of $200.00 for each of the dependents above mentioned." 3 Assessment Ordinance amended. Exemptions tor husbanll and wife where each has Income of $1,000 or more.

4 THE WORKMEN'S COMPENSATION ORDINANCE, AMENDMENT \\'orkmeon·" Compen sation OrdlnRnce '1mended. ··lndusU·IRl DI~eR!le·· defined. Compensa tion payable where Injury or death results from Industrial <lIsease.

CHAPTER 3 AN ORDINANCE TO AMEND "THE WORKMEN'S COMPENSATION ORDINANCE" (Assen'ted to May 2nd, 1939.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The vVorkmen's Compensation Ordinance," being

Chapter 1 of the Ordinances of the Yukon Territory, 1917, is hereby amended by inserting the following immediately after subdivision (

k) of

section 2 (1) of the said Ordinance: "Industrial Disease" shall mean and include silicosis, lead poisoning or its sequelae and arsenic poisoning or its sequelae, mercury poisoning or its sequelae, and infected blisters. . 2. The said Ordinance is further amended by inserting the following

section immediately after

section 4 thereof: "4-A. ( 1 ) Where: (

a) A workman suffers from an industrial disease and is thereby disabled from earning full wages at the work at which he was employed, or (

b) The death of a workman is caused by an indus trial disease;

THE WORKMEN'S COMPENSATION ORDINANCE, AMENDMENT 5 and the disease is due to the nature of any employment in which the workman was employed at any time within twelve months previous to the date of the disablement, whether under one or more employments, the workman or his dependents shall be entitled to compensation under this Ordinance as if the disease were a personal injury by acci dent arising out of and in the course of the employment, subject to the following modifications: (

c) The disablement shall be treated as the happen ing of the accident; and (

d) If the workman has at the time of entering the employment wilfully and falsely represented himself in writing as not having previously suffered from the diseasse, compensation shall not be payable.

(2) If the, workman at or immediately before the date of the disablement was employed in any process or industry which is proved to be one in which there is danger of contracting the industrial disease in question, the disease shall be deemed to have been due to the nature of that employment unless the contrary is proved.

(3) If the workman has during the period of twelve months previous to the date of disablement worked for more than one employer in such a process or industry, notice and claim for compensation under

section 8 of the said Ordinance shall be given to every such employer, and if a compromise settlement of the claim is not made under

section 10 of the said Ordinance, the Judge in deciding the claim under the provisions of the Second

Schedule to the said Ordinance shall, if he finds that any :l,mount of com pensation is properly paya'ble, apportion the liability there for among the several employers, or fix the total liability on one of such employers as he deems just. Presumption where workman has been ernplo)'ed In Industry where danger of contracting' Industrial disease, "'here workmnn ha!'! worked for more than one e"TIplo~'el',

6 Yukon Gam<' Ordinance amended. THE 'Y UKON GAME ORDINANCE, AMENDMENT

CHAPTER 4 AN ORDINANCE TO AMEND "THE YUKON GAME ORDINANCE" ( Assented to M ay 2nd, 1939.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory; enacts as follows·: 1. "The Yukon Game Ordinance," being

Chapter 1 of the Ordinances of the Yukon Territory,. 1935, is hereby amended by inserting immediately after

section IS thereof the following section: ~l~:di~d~~G' "IS-A. Every holder of a Fur Trading License shall ~~~~n~:~O~~9. keep records covering the purchase of all furs, which records shall show the following: (

a) The date of each purchase; (

b) The name of trapper from whom fur purchased; (

c) Number of license of said trapper; (

d) The number and description of pelts purchased."

THE YUKON GAME ORDINANCE, AMENDMENT 2. The said Ordinance is further amended by adding thereto the following

section immediately after the word "therefrom" in the last line of

section 74 thereof: "74-A. Prosecution for any offence committed against this Ordinance may be entered at any time within thre-e years from the time when such offence was committed." 3. The said Ordinance is further amended by adding thereto the following

section immediately after the word "times" in the last line of

section 44 thereof: "44-A. No traps, deadfalls, pits, or other such con trivance shall be used at any time for the trapping of moose, caribou, deer, mountain sheep, mountain goat or bear." 4. The said Ordinance is further amended by striking out the definition of the term "Resident" in

section 2 of the Ordinance, and substituting there for the following: "Resident" means any British subject who has resided continuously in the Yukon Territory for .not less than two years immediately prior to the date of his application for a license under this Ordinance i or any person not a British subject who has resided continuously in the Yukon Territory for not less than three years immediately prior to the date of his application for a license under this Ordinance. "Non-Resident" means any person who does not come within the definition of "Resident." 5. The said Ordinance is further amended by inserting immediately after the word· "Ordinance" in the fourth line of

section 6 thereof the words "or such game as is not protected by this Ordinance." 7 Prosecutinll~ may be entered within 3 years. Traps. etc .. not to be used for bllt game. "Resident" defined. "Non Resident" defined. License musl be had to kill game whether protected 01' not.

8 SUPPLY

CHAPTER 5 AN ORDINANCE FOR GRANTING TO THE COM- MISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE EXPENSES OF THE PUBLIC SERVICE OF THE TERRITORY AND THE CITY OF DA\VSON. ( Assented to M ay 2nd, 1939.)

Whereas, It appears by Messal:!;e from Genr!!e Allen Jeckell, Esquire, the Controller of the Yukon Territory, and in the Supplementary Estimates accomoanving t!lC same, that the sums hereinafter mentioned in

Schedule "A" are required to defray certain further expenses of the Public Service of the Yukon Territory and the City of Dawson. and for the purposes relating thereto for the year ended March 31 st, 1939 j and,

Whereas, It appears by Message from George I\llen Jeckell, Esquire, the Controller of the Yukon Territory, and in the estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "B" to this Ordinance are required to defray certain expenst-s of the Public Service of the Yukon Territory and for the purposes relating thereto for the twelve months ending March 31 st, 1940; and,

Whereas, It appears by Message from George Alien Jeckell, Esquire, the Controller of the Yukon Territory, and in the Estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "C" to this Ordinance are required to defray certain expenses of the Public

SUPPLY Service of the City of Dawson and for the purposes relating thereto for the twelve months ending March 31 st, 1940; The Controller of the Yukon Territory, by and with the advice and consent of the Council of said Territory, there fore enacts as follows: 1. From and out of the sums at the disposal of the Yukon Council there shall be paid and applied a further sum not exceeding in the whole one hundred and fifty-one thousand two hundred and seventeen dollars and fifty-six cents for defraying the several charges and expenses of the Public Service of the Yukon Territory for the year ending March 31st, 1939, -as set forth in

Schedule "A" of this Ordinance; and from and out of the sums at the disposal of the Yukon Council there shall be paid and applied a further sum not exceeding in the whole nine hundred and forty-nine dollars and thirty-six cents for defraying the several charges al1d expenses of the Public Service of the City of Dawson for the year ending March 31st, 1939, as set forth in

Schedule "A" of this Ordinanc~. 2. From and out of the funds at the disposal of the YQkon Council there shall and may be paid and applied a sum not exceeding in the whole two hundred and one thous and dollars for defraying the several charges and expenses of the Public Service of the Yukon Territory for the twelve months ending March 31st, 1940, as set forth in

Schedule "B" of this Ordinance. 3. From and out of the funds at the disposal of the Yukon Council there shall and may be paid and applied a sum not exceeding thirty-seven thousand five hundred dollars for defraying the several charges and expenses of the Public Service of the City of Dawson for the twelve months ending March 31st, 1940, as set forth in

Schedule "C" to this Ordinance 4. The due application of all monies expended shall be duly accounted for. 9

10 SUPPLY

SCHEDULE "A" Further sums granted to the Controller by this Ordinance for the twelve months ending March 31 st, 1939, and the purposes for which they are granted: SCHOOLS: Generally .................................. $ Dawson ................................... . Mayo ....................................... . 35.37 117.23 37.66 HOSPITALS, CHARITIES AND PUBLIC HEALTH: $ 190.26 Public Health and care of Indigents.......... 2,861.84. MISCELLANEOUS: Assay Office .............................. $ Printing and Stationery ........... . Contingencies ........................... .

Aviatiun Fields ....................... . 35.31 161.77 1,363.96 95.01 1,656.05 ROADS, BRIDGES AND PUBLIC WORKS................ 4,349.20 THE GOVERNME~T LIQUOR ORDINANCE............ 142,160.21 CITY OF DAWSON FIRE DEPARTMENT: Salary, Hoseman ...................... $ Salary, Nightwatchman ........... . Fire Alarm System ................... . Contingencies ........................... . Purchase Fire Hose ................. , 27.60 175.00 24.50 174.08 172.56 PRINTING AND STATIONERy ........................... . STREETS AND SIDEW ALKS ............................... . $151,217.56 ------ $ 573.74 58.32 317.30 $ 949.36

SCHEDULE "B" Sums granted to the Controller by this Ordinance for the twelve months ending March 31 st, 1940, and the pur poses for which they are granted: SALARIES AND TRAVELLING EXPENSES Salaries ______________________________________ $ Travelling Expenses _______________ _ 6,600.00 700.00 ---- $ 7,300.00 YUKON COUNCIL Sessional Indemni1:y and Trave~ling Expenses SCHOOLS Schools Generally _______ . __ ._. _____ . ___ $ Dawson School ________________ ._. ______ _ St.

Mary's School _________________ . __ \Vhitehorse School __ . ______ ._. _____ _ Mayo School _____ . ___ ._ ... ___ ._. _______ _ Carcross School ~ _________ . _____ .. _____ _ EIsa Camp School ___________ . _______ . Auto Transportation . __ .. __________ . 4,250.00 12,100.00 3,300.00 9,580.00 3,420.00 2,700.00 2,350.00 1,800.00 1,450.00 39,500.00 HOSPITALS, CHARITIES AND PUBLIC HEALTH Grant, St.

Mary's HospitaL_. __ $ 30,000.00 Grant, Mayo Hospital _________ .____ 6,000.00 Grant, Whitehorse Hospital ___ . 4,500.00 Salary, Medical Health Officer, etc., at Dawson _____ ._ .. ___ ._____ 1,200.00 Salary, Medical Health Officer, etc., at Mayo ____ .... _________ .____ 300.00 Salary, Medical Health Officer, etc., at Whitehorse __ . __________ . 300.00 Public Health and Care of Indigents ... ____ ........... _ ....... __ 27,000.00 69,300.00 . ,; i . r Carried forward ....... _ ......... _._ .... _ .. _ $117,550.00 11

12 SUPPLY Brought forward .......................... $117,550.00 GRANTS TO UBRARIES, READING ROOMS, ETC. Dawson Library and Reading Room .................................. $ Whitehorse Library and Read- ing Room ........................... . Mayo Library and Reading Room ................................. . Yukon Law Library ................. . City of Dawson ....................... . 900.00 450.00 450.00 200.00 12,500.00 MISCELLANEOUS EXPENDITURE Terr·itorial Agent, Whitehorse $ Town of Whitehorse ............... . Territorial Agent, and Tele- phone, Mayo ..................... .

Town of May·o ......................... . Assay Office, Keno ................... . Printing and Stationery ........... . Contingencies ........................... . Aviation Fields ......................... . 750.00 4,850.00 600.00 5,630.00 5,200.00 2,000.00 1,500.00 500.00 ROADS, BRIDGES AND PUBLIC WORKS Dawson to Miller Creek and International Boundary ...... $ Dawson Cable Ferry ............... . Hunker-Dominion and· Sulphur Roads ................................. . Bonanza, Quartz, and Indian River Roads ....................... . Klondike Road ......................... .

Hollenbeck's to Crooked Creek Mayo to Yukon River at Minto Kluane Junction to Minto ....... . Mayo District Roads ............... . 750.00 2,700.00 5,000.00 1,000.00 1,000.00 800.00 500.00 800.00 8,000.00 14,500.00 21,030.00 Carried forward ........ _ .. _ ...... _ ........ _ .. $153,080_00

Brought forward .................... ." ..... $153,080.00 vVhitehorse District Roads ...... 3,500.00 Winter Roads .......................... 5,000.00 Machine Shop: Repairs, etc., to Tractors, Trucks, Shovel Loader, etc.; Gasoline and Oils, Dawson District ........ 12,100.00 Purchase Equipment: Balance payment for D·7 Tractor and Trac·dozer .................. 3,938.50 Two·ton Dump Truck.............. 1,900.00 Sundry Roads and General Ex· pense ................................. . 931.50

SCHEDULE "C" CITY OF DA WSON Fire Department ...................... $ Hydrant Service ....................... . Street Lighting ......................... . Printing and Stationery ........... . Sala ri es ..................................... . Contingencies ........................... . Streets and Sidewalks ............... . 9,626.00 13,356.00 2,550.00 300.00 1,120.00 150.00 10,398.00 47,920.00 $201,000.00 ---- $ 37,500.00 5.

"In the event of there being a surplus of monies standing to the credit of any item voted for Roads, Bridges and Public Works after the construction or repairs provided for have been completed to the satisfaction of the Superin~ tendent of Works and Buildings, such surpius of monies shall forthwith on the acceptance of such works or repairs by the Controller of the Yukon 'Territory, be taken from said item and become part of and be added to the amount provided for Contingencies to such Roads, Bridges anq Public Works, and shall thereafter be at the disposal of the Controller of the Yukon Territory for Roads, Bridges and Public Works.

14 INDEX INDEX 'J.'O ORUINA~UES 011' 1939 The figures refer to the top paging. Page.

"The Assessment Ordinance," amended .................................................. 3 Exemptions for husband and wife In certain cases........................ 3 "The Miners' Protection Ordinance," amended...................................... 1 Certificate by Physician ........................................................................ 1 Certificate to be In force for six months............................................ 1 Examination by Physician.................................................................... 2 Ores, etc., to be sprayed with water.................................................... 2 Water nee.dle to be used........................................................................ 2 X·Ray examination to be included...................................................... 2 "The Workmen's Compensation Ordinance," amended........................ 4 Industrial Disease defined...................................................................... 4 Industrial Disease considered as injury by accldcnt...................... 4 Liability where workman has worked for more than one employer ............................................................................................ 5 Presumption in certain cases............................................................ .... 5 "The Yukon Game Ordinance," amended ................................................ 6 License required to kill game whether protected or not.............. 'l Records to be kept by holders of Fur Trading Licenses.............. 6 "Resident" defined .................................................................................. 7 Time for entering prospectlons, three years ..... _............................. 7 Traps, deadfalls, not to be used fOl' certain game........ .................. 7 Supply ................................................................................................................ 8

Document details

Collection	Yukon — Historical Statutes
Citation	Consol. Ord. 1939
Type	statute
Volume / chapter	1939
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	0cdeb17caa53d47c9fd5fa3371c503ae6de2c02e

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