Revised Statutes of the Yukon, 1986 Supplement And Appendix This Supplement is a republication of Acts enacted by the Legislature of the Yukon Ter­ ritory between May 28,1986, the cut-otT date for inclusion in the RSY, and October 12,1987, the date on which the RSY 1986 came into force. The Appendix is a republication of the Statutes of the Yukon, 1987, chapters 24 to 33. These chapters were originally published in Volume 3 of the SY 1987. They are reproduced here in their original form. Sam CawIcy Queen's Printer for the Yukon Territory Whitehorse. Yukon

Revised Statutes of the Yukon, 1986 Supplement Table of Contents Title Assessment and Taxation Act,

An Act To Amend The Brands, Highways, Pounds Act,

An Act To Amend The Business Development Assistance Act,

An Act To Amend The Fifth Appropriation Act, 1985-86 Fifth Appropriation Act, 1986-87 Financial Administration Act First Appropriation Act, 1987-88 Fourth Appropraition Act, 1986-87 Gas Burning Devices Act Home Owner's Grant Act,

An Act To Amend The Human Rights Act Insurance Act,

An Act To Amend The Interim Supply Appropriation Act, 1987-88 International Commerical Arbitration Legal Services Society Act,

An Act To Amend The Legislative Assembly Act and The Legislative Assembly Retirement Allowances Act,

An Act To Amend The Lottery Licensing Act Medical Profession Act,

An Act To Amend The Motor Vehicles Act,

An Act To Amend The Motor Vehicles Act (No. 2),

An Act To Amend The Municipal and Community Infrastructure Grants Act Municipal Finance Act,

An Act To Amend The Nursing Assistants Registration Act Public Service Commission Act,

An Act To Amend The Public Service Staff Relations Act,

An Act To Amend The Second Appropriation Act, 1987-88 Workers Compensation Act,

An Act To Amend The Workers Compensation Act,

An Act To Amend The Young Persons Offences Act Yukon Development Corporation Act,

An Act To Amend The

Chapter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Title Appendix Table of Contents

An Act to Amend the Assessment and Taxation Act Change of Name Act

An Act to Amend the Income Tax Act

An Act to Amend the Legal Profession Act Miscellaneous Statute Law Amendment Act

An Act to Amnend the Municipal Act Public Libraries Act Sixth Appropriation Act, 1986-87 Societies Act Third Appropriation Act, 1987-88 Table of Public Statutes SY 1987

Chapter 24 25 26 27 28 29 30 31 32 33

Original Act SY 1986, c. 20 SY 1986, c. 21 SY 1986, c. 22 SY 1986, c. 23 SY 1986, c. 24 SY 1986, c. 25 SY 1986, c. 26 SY 1987, c.l SY 1987, c. 2 SY 1987, c. 3 SY 1987, c. 4 SY 1987, c. 5 SY 1987, c. 6 SY 1987, c. 7 SY 1987, c. 8 SY 1987, c. 9 SY 1987, c. 10 SY 1987, c. 11 SY 1987, c. 12 SY 1987, c. 13 SY 1987, c. 14 SY 1987, c. 15 SY 1987, c. 16 SY 1987, c. 17 SY 1987, c. 18 SY 1987, c, 19 SY 1987, c. 20 SY 1987, c. 21 SY 1987, c. 22 SY 1987, c. 23 Table of Concordance (According to original

chapter number) RSY 1986, Supp. c. 1 c.4 c.10 c. 15 c.21 c.22 c.27 c. 7 c.8 c. 11 c. 18 c.24 c.25 c. 2 c.3 c.5 c.6 c.9 c. 12 c. 13 c. 14 c. 16 c.17 c. 19 c.20 c.23 c.26 c.28 c.29 c.30

Table of Concordance (According to title of original act) Original Act Fifth Appropriation Act,

An Act to Amend Fifth Appropriation Act, 1985-86 Home Owner's Grant Act,

An Act to Amend Legal Services Society Act,

An Act to Amend Municipal and Community Infrastructure Grants Act Municipal Finance Act,

An Act to Amend Workers Compensation Act,

An Act to Amend First Appropriation Act, 1987-88 Fourth Appropriation Act, 1986-87 Human Rights Act Medical Profession Act,

An Act to Amend Public Service Commission Act,

An Act to Amend Public Service Staff Relations Act,

An Act to Amend Brands, Highways, Pounds Act,

An Act to Amend Business Development Assistance Act,

An Act to Amend Fifth Appropriation Act, 1986-87 Financial Administration Act,

An Act to Amend Gas Burning Devices Act Insurance Act,

An Act to Amend Interim Supply Appropriation Act, 1987-88 International Commercial Arbitration Act Legislative Assembly Act and Legislative Assembly Retirement Allowances Act,

An Act to Amend Lottery Licensing Act Motor Vehicles Act,

An Act to Amend Motor Vehicles Act (No. 2),

An Act to Amend Nursing Assistants Registration Act Second Appropriation Act, 1987-88 Workers Compensation Act,

An Act to Amend Young Persons Offences Act Yukon Development Corporation Act,

An Act to Amend RSY 1986, Supp. c. 1 c.4 c.lD c. 15 c.21 c.22 c.27 c. 7 c.8 c.lI c. 18 c.24 c.25 c.2 c.3 c.5 c.6 c.9 c. 12 c.13 c. 14 c. 16 c.17 c. 19 c. 20 c.23 c.26 c.28 c.29 c.30

Revised Statutes of the Yukon, 1986 Supplement Explanatory Note This Supplement contains the Acts that were passed between May 28, 1986, the cut­ off date for inclusion in the RSY 1986, and October 12, 1987, the day on which the RSY's 1986 came into force. The Acts in this Supplement have been adapted to the style, terminology, and num­ bering of Volumes 1 and 2 of RSY 1986. They are arranged in alphabetical order and their

chapter numbers have been assigned in series according to that order. They are a republica­ tion of Acts originally published as SY 1986, c. 20 to 26 and SY 1987, c. 1 to 23. The first page of each Act in the Supplement shows the day of assent and the Statutes of Yukon

chapter num­ ber of the corresponding original Act.

CHAPTER 1

AN ACT TO AMEND THE ASSESSMENT AND TAXATION ACT CHAPTER! (RSY 1986, Supplement)

AN ACT TO AMEND THE ASSESSMENT AND TAXATION ACT (enacted as SY 1986, c. 20, assented to on Dec. 18, 1986) 1. This Act amends the Assessment and Taxation Act. 2. In the definition of "collector" or "collector of taxes" the expression "Deputy Head of Community and Transportation Services" is substituted for the expression "Executive Council Member".

Section 1 is amended by striking out the delinition of "depreciation". 4. The following

section is added immediately after

section 25: Late filing of complaint or assessment "25.1(1) Notwithstanding subsection 25(3), where a person does not file a complaint within 30 days of the mailing of the assessment notice, the person may, with special leave of the assessment appeal board, make application to the as­ sessment appeal board for an order directing the assessment review board to hear the complaint.

(2) An application to the assessment appeal board under subsection (1) shall be made in the same manner as a notice of appeal under subsection 39(3) and shall be delivered to an assessor within 90 days of the mailing of an as­ sessment notice." 5. In subsection 36(1), the expression "Executive Council Member" is substituted for the word "Commissioner in Executive Council". 6. In paragraph 49(1)(

d) the expression "but the exemption under this paragraph does not extend to the improvements or any part of the lands owned by a religious body that are used for residential, farming or agricultural purposes, or building or improvements used in connection with those purposes." is added after the expression "community service".

Section 2 of this Act shall come into force on January 1, 1987. 1

CHAPTER 2

AN ACT TO AMEND THE BRANDS ACT, HIGHWAYS ACT AND POUNDS ACT

CHAPTER 2 (RSY 1986, Supplement)

AN ACT TO AMEND THE BRANDS ACT, HIGHWAYS ACT AND POUNDS ACT (enacted as SY 1987, c. 7, assented to on April 16, 1987) Brands Act 1.

(1) This

section amends the Brands Act.

(2) In

section 1 the fo1\owing is substituted for the definition of "brand"; " 'brand' means any character or combination of characters impressed upon the skin of stock, or any other prescribed means of animal identification, for the purpose of denoting ownership of the stock, but does not include the marking of an animal by a pound keeper under the Pounds Act;".

(3) The fo1\owing definition is added to

section 1: " 'impressed' includes the placing or marking of any brand upon stock;".

(4) The following subsection is substituted for subsection 9(2): "

(2) An impression of a brand upon stock shall be made (

a) by an iron (

i) that has a face that is in no place less than six millimetres in width, and (ii) that is capable of making an impression of the brand not less than 75 mi1\imetres in either height or width, as the case may be, or (

b) in any other prescribed manner." Highways Act 2. The following sections are added to the Highways Act immediately after

section 29: Animals straying on highway "29.1(1) For the purposes of this

section and

section 29.2 animal has the same mean­ ing as in the Pounds Act.

(2) No person sha1\ a1\ow any animal owned by the person or in the person's care to be within 30 metres of the centre of a prescribed highway unless the animal is in a person's contro\.

(3) A person who contravenes subsection (2) is guilty of an offence and is liable (

a) for a first offence, to a fine of $100, (

b) for a second offence within three years, to a fine of $300, and 1

AN ACT TO AMEND THE BRANDS ACT, HIGHWAYS ACT AND POUNDS ACT

CHAPTER 2 (

c) for each subsequent offence within three years, to a fine of $500.

(4) Where the owner of an animal is guilty of a third or subsequent offence under paragraph (3)(c), the animal with respect to that offence shall be forfeited to the Government of the Yukon. Impounding animals on highways 29.2 If an animal is within 30 metres of the centre of a prescribed highway and the animal is not under anyone's control, a person designated by the Execu­ tive Council Member may capture the animal and deliver it to the pound keeper in the nearest pound district." Pounds Act 3.

(1) This

section amends the Pounds Act.

(2) The following

section is added immediately after

section 7: Animals seized on highways "7.1 If an animal has been seized and delivered to a pound keeper under

section 29.2 of the Highways Act, the pound keeper shall impound the animal and the animal shall be dealt with as if seized and impounded under this Act."

(3) The following

section is added immediately after

section 8: Marking impounded animals "8.1(1) Where an animal has been seized and impounded, the pound keeper shall mark the animal in the prescribed manner.

(2) No person shall remove or deface a marking affixed to an animal by a pound keeper under subsection (1)."

(4) The following

section is added immediately after

section 11: Notice and sale where owner is guilty of third offence "11.1(1) Where the owner of an animal is found guilty of a third or subsequent of­ fence in respect of the animal under

section 22.1 (

a) the animal with respect to that offence shall be forfeited to the Govern­ ment of the Yukon, and (

b) the pound keeper in possession of the animal shall sell the animal at public auction after posting notices for at least ten days of the time and place of the auction in three of the most public places in the pound district. (2) Subsections 9(2) and (3) do not apply to an animal being sold under this sec­ tion." 4. Subsection 22 is amended by adding the expression "subject to

section 22.1" at the beginning. 2

CHAPTER 2

AN ACT TO AMEND THE BRANDS ACT, HIGHWAYS ACT AND POUNDS ACT 5. The following

section is added immediately after

section 22: "22.1(1) No person shall allow any animal owned by the person or in the person's care to run at large in a pound district

(2) A person who contravenes subsection (1) is guilty of an offence and is liable (

a) for a first offence, to a fine of $100, (

b) for a second offence within three years, to a fine of $300, and (

c) for each subsequent offence within three years, to a fine of $500."

Section 2 of this Act shall come into force by a day to be fIXed by the Commissioner in Executive Council. 3

CHAPTER 3

AN ACT TO AMEND THE BUSINESS DEVELOPMENT ASSISTANCE ACT

CHAPTER 3 (RSY 1986, Supplement)

AN ACT TO AMEND THE BUSINESS DEVELOPMENT ASSISTANCE ACT (enacted as SY 1987, c. 8, assented to on April 16, 1987) 1. This Act amends the Business Development Assistance Act. 2. Subsection 5(3) is repealed. 3. The following heading and

section is inserted immediately after

section 21: Guarantees of Debt "22.1 Subject to regulations, the Executive Council Member may grant a guaran­ tee of a debt instead of or in addition to approving financial assistance." 1

CHAPTER 4 FIFTH APPROPRIATION ACT, 1985-86

CHAPTER 4 (RSY 1986, Supplement) FIFfH APPROPRIATION ACT, 1985-86 (enacted as SY 1986, c. 21, assented to on Dec. 18, 1986)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that, in addition to the sums previously appropriated, the sums appearing in

Schedule "A" of this Act are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the period of 12 months ending in March 31,1986. The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act may be cited as the Fifth Appropriation Act, 1985-86. 2.

(1) In addition to the sum of $48,207,000 provided for in the First Appropriation Act, 1985-86 and the sum of $165,880,000 provided for in the Second Appropriation Act, 1985-86 and the sum of $25,056,000 provided for in the Third Appropriation Act, 1985-86 and the sum of $5,044,000 provided for in the Fourth Appropriation Act, 1985-86, from and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole $32,000 for defraying the several charges and expenses of the public service of Yukon payable in the period of 12 months ending on March 31,1986, as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in accordance with

Schedule "A", the Financial Administration Act and, subject to that Act, the estimates accompanying the message from the Commissioner.

(2) The due application of all monies paid or applied pursuant to

section 2 shall be ac­ counted for.

(3) The 1985-86 grant to the Yukon Housing Corporation pursuant to subsection 17(2) of the Housing Corporation Act shall be $1,316,000 for operational costs and $222,000 for capital costs excluding depreciation. 1

FIFTH APPROPRIATION ACT, 1985-86

CHAPTER 4 FIFTH APPROPRIATION ACT, 1985-86

SCHEDULE A Operation and Maintenance Votes 01 Yukon Legislative Assembly 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development: Mines and Small Business 03 Education 12 Finance 16 Government Services 15 Health and Human Resources 08 Justice 10 Public Service Commission 14 Renewable Resources 13 Tourism Loan Capital Loan Amortization Subtotal Operation and Maintenance Capital Votes 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development: Mines and Small Business 03 Education 16 Government Services 15 Health and Human Resources 08 Justice 14 Renewable Resources 13 Tourism Subtotal Capital Total 2 $ (Dollars in OOO'

s) Voted This Total Voted to Appro- (Current Spend- Date priation ing Authority) 1,770 4,012 39,783 3,185 36,615 2,898 10,630 35,017 14,836 12,419 5,804 3,386 4,700 1,859 176,914 5 31,218 5,675 7,138 5,913 2,361 10,172 1,243 3,548 67,273 244,187 32 1,770 4,012 39,783 3,185 36,615 2,930 10,630 35,017 14,836 12,419 5,804 3,386 4,700 1,859 32 176,946 5 31,218 5,675 7,138 5,913 2,361 10,172 1,243 3,548 67,273 32 244,219

CHAPTER 5 FIFTH APPROPRIATION ACT, 1986-87 CHAPTERS (RSY 1986, Supplement) FIFTH APPROPRIATION ACT, 1986-87 (enacted as SY 1987, c. 9, assented to on April 16, 1987)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that, in addition to the sums previously appropriated, the sums not appearing in parenthesis in

Schedule "A" of this Act are required for the purpose of defraying certain expenses of the public service of the Yukon and for related purposes for the period of 12 months ending in March 31, 1987; The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act may be cited as the Fifth Appropriation Act, 1986-87. 2.

(1) In addition to the sum of $80,935,000 provided for in the First Appropriation Act, 1986-87, the sum of $173,940,000 provided for in the Second Appropriation Act, 1986-87 and the sum of $21,359,000 provided for in the Third Appropriation Act, 1986-87 and the sum of $7,247,000 provided for in the Fourth Appropriation Act, 1986-87, from and out ofthe Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole $234,000 for defraying the several charges and expenses of the public service of the Yukon payable in the period of 12 months ending on March 31, 1987, as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in accordance with

Schedule "A", the Financial Administration Act and, subject to that Act, the estimates accompanying the message from the Commissioner.

(2) The sums previously appropriated to a vote or item that is listed in

Schedule "A" and that has a sum appearing in parenthesis after it are reduced by the amount ofthe sum appear­ ing in parenthesis. 3. The due application of all monies paid or applied pursuant to

section 2 shall be ac­ counted for. 1

FIFTH APPROPRIA TlON ACT, 1986-87

CHAPTER 5 FIFTH APPROPRIATION ACT, 1986-87

SCHEDULE A (Dollars in OOO'

s) Voted This Total Voted to Appro- (Current Spend- Operation and Maintenance Votes Date priation ing Authority) 01 Yukon Legislative Assembly 1,526 20 1,546 02 Executive Council Office 4,080 (210) 3,870 09 Community and Transportation Services 41,661 110 41,771 07 Economic Development: Mines and Small Business 4,095 406 4,501 03 Education 39,870 501 40,371 12 Finance 3,086 353 3,439 16 Government Services 11,781 968 12,749 15 Health and Human Resources 36,900 (504) 36,396 08 Justice 15,73167716,408 10 Public Service Commission 3,115 275 3,390 14 Renewable Resources 6,371 (50) 6,321 13 Tourism 4,359 (412) 3,947 11 Women's Directorate 208 5 213 Loan Capital 1,000 1,000 Loan Amortization 1,875 1,875 Subtotal Operation and Maintenance 175,658 2,139 177,797 Capital Votes 02 Executive Council Office 21 21 09 Community and Transportation Services 52,942 (1,585) 51,357 07 Economic Development: Mines and Small Business 11,617 603 12,220 03 Education 20,838 (927) 19,911 16 Government Services 6,675 126 6,801 15 Health and Human Resources 2,022 (60) 1,962 08 Justice 5,899 168 6,067 14 Renewable Resources 2,144 (52) 2,092 13 Tourism 5,665 (178) 5,487 Subtotal Capital 107,823 (1,905) 105,918 Total 283,481 234 283,715 2

CHAPTER 6 FINANCIAL ADMINISTRATION ACT

CHAPTER 6 (RSY 1986, Supplement)

AN ACT TO AMEND THE FINANCIAL ADMINISTRATION ACT (enacted as SY 1987, c. 10, assented to on April 16, 1987) 1. This Act amends the Financial Administration Act. 2.

(1) In the definition of "contract" in subsection 1(1), the words "the expenditure of public money or the giving of any other consideration" are substituted for the words "the ex­ penditure of public money", and the words "the payment of public money or the giving of con­ sideration" are substituted for the words "the payment of money or the giving of consideration" are substituted for the words "the payment of money".

(2) In the definition of "department", in subsection 1(1), the words "and includes the Women's Directorate and any" are substituted for the words "and includes any".

(3) In subsection 1(1), the definition of "Treasurer" is repealed.

(4) The words "Deputy Head of the Department of Finance" are substituted for the word "Treasurer" wherever the latter appears in the Act. 3. The following is substituted for subsection 3(3): "

(3) The Commissioner in Executive Council may appoint a secretary of the Management Board." 4. The following is substituted for

section 42: "42. Subject to any other Act, the Management Board may issue directives (

a) establishing fees for the provision of a service by the government to any per­ son or for the use of public property by any person, (

b) establishing conditions subject to which a service may be provided by the government to any person or to which public property may be used by any person, (

c) authorizing public officers to provide to any person a service or the use of public property and to make agreements for the provision of the service or use." 5.

(1) Paragraph 44(l)(

a) and subsections 44(2) and (3) are repealed.

(2) In paragraph 44(1)( c), the figure "$1,750,000" is substituted for the figure "$800,000". 1

FINANCIAL ADMINlSTRA TlON ACT

CHAPTER 6 6. The following heading and

section is inserted immediately after

section 44: Road Equipment Reserve Fund "44.1(1) There shall be a Road Equipment Reserve Fund which shall be used for the replacement of road equipment.

(2) Expenditures from the Road Equipment Reserve Fund shall not exceed the accumulated revenues in the Fund at the time of the expenditure and shall not exceed $5,000,000 in a fiscal year.

(3) Revenues from the sale, lease, or other use of road equipment shall be credited to the Road Equipment Reserve Fund, unless Management Board directs otherwise.

(4) The Management Board may issue directives respecting (

a) the accounts to be kept, (

b) the method of charging and crediting the fund, (

c) the method of valuing the inventory of the fund, and (

d) any other matter it considers necessary governing the operation of the fund.

(5) For the Road Equipment Reserve Fund, there shall be included in the Public Accounts (

a) the assets and liabilities of the Fund, and (

b) a

summary of the transaction of the Fund." 7. The following clause is substituted for clause 72(l)(g)(iv): "(iv) the Yukon Development Corporation." 8. The following is subsection is added to

section 75: "

(3) A directive under this Act shall be riled with the Regulations Clerk and be available for inspection by any person and shall be published in the Yukon Gazette." 2

CHAPTER 7 FIRST APPROPRIATION ACT, 1987-88

CHAPTER 7 (RSY 1986, Supplement) FIRST APPROPRIATION ACT, 1987-88 (enacted as SY 1987, c. 1 assented to on Feb. 12, 1987)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that the sums mentioned in Schedules "A" and "8" of this Act are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the period of 12 months ending on March 31,1988; The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act may be cited as the First Appropriation Act, 1987-88. 2.

From and out of the Yukon Consolidated Revenue Fund there may be paid and ap­ plied a sum not exceeding in the whole $114,302,000 for defraying the several charges and ex­ penses of the public service of Yukon payable in the period of 12 months ending on March 31, 1988, as set forth in Schedules "A" and "B" of this Act and that sum shall not be paid or ap­ plied except in accordance with Schedules "A", "B", "C" and the Financial Administration Act. 3_ The due application of all monies paid or applied pursuant to

section 2 shall be ac­ counted for. 1

FIRST APPROPRIA TlON ACT, 1987-88 FIRST APPROPRIATION ACT, 1987-88

SCHEDULE A Capital Votes 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development: Mines and Small Business 03 Education 16 Government Services 15 Health and Human Resources 08 Justice 14 Renewable Resources 13 Tourism 18 Yukon Housing Corporation 19 Yukon Liquor Corporation Total 2

CHAPTER 7 $ (Dollars in OOO's) 44 56,291 12,652 22,618 9,068 5,996 178 1,747 2,842 2,740 126 114,302

CHAPTER 7 FIRST APPROPRIATION ACT, 1987-88 FIRST APPROPRIATION ACT, 1987-88 SCHEDULEB GRANTS Capital Votes Purpose/Legislation 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development: Mines and Small Business 03 Education 16 Government Services $ (Dollars in OOO'

s) Grant Amount 15 Health and Human Resources - Day Care Development 300 - Community Health & Social Service Agency Development 80 08 Justice 14 Renewable Resources 13 Tourism 18 Yukon Liquor Corporation 19 Yukon Housing Corporation Total 380 3

FIRST APPROPRIATION ACT, 1987-88

CHAPTER 7 FIRST APPROPRIATION ACT, 1987-88 SCHEDULEC OBJECTIVES DEPARTMENTAL OBJECTIVES EXECUTIVE COUNCIL OFFICE To provide the Executive Council and Yukon Government departments with a range of services intended to promote and coordinate activities relevant to the provision of analysis, support and advice on all matters relating to the activities of the Government as a whole.

DEPARTMENT OF COMMUNITY AND TRANSPORTATION SERVICES To promote local self-government and to provide support to municipalities to offer the services and facilities which reflect their needs and to provide municipal services in un­ organized communities. To provide for the planning, development and management of Yukon land and its use and to make land available to meet the needs of the Yukon. To plan, develop, maintain and regulate a transportation infra-structure and related ser­ vices to support the social and economic development of the Yukon.

To support the development of arts, sports and community recreation throughout the Yukon. To foster the development and provision of communication services to enhance the cul­ tural, economic and leisure opportunities of Yukoners. DEPARTMENT OF ECONOMIC DEVELOPMENT: MINES AND SMALL BUSINESS To promote development of a self-sustaining Yukon economy, with a balance and diver­ sification of primary, secondary, and service industries, providing an acceptable level of income for Yukon residents in either wages or in kind.

To increase the participation ofYukoners in employment, management, and ownership of Yukon business: to decrease leakage of wages and profits from the Territory, and in­ crease economic returns, capital accumulation, and local influence on economic decision-making for the Yukon. To promote a more equitable distribution of economic benefits throughout all regions and segments of the population. 4

CHAPTER 7 FIRST APPROPRIATION ACT, 1987-88 DEPARTMENT OF EDUCATION To ensure that all Yukoners are provided with the learning opportunities to achieve their maximum possible potential by the department planning, developing, managing and evaluating: Primary, elementary and secondary education for all school age children; French language programs; Adult training and continuing education programs; Manpower planning services, employment development and job retention programs; Library and archival services.

To provide funds for the development, promotion and evaluation of the Na­ tive language program and for the training of local instructors for the program, and to provide the required central support. DEPARTMENT OF GOVERNMENT SERVICES To provide goods and services to all the Yukon Government's departments and agen­ cies so that the physical resources of the government are acquired, allocated and util­ ized in an efficient and optimum manner. To co-ordinate and facilitate the Yukon Government's relationship with the private sec­ tor.

DEPARTMENT OF HEALTH AND HUMAN RESOURCES To reduce lack of opportunity due to health or social condition and enhance the poten­ tial and well-being of all Yukoners while recognizing and respecting age, gender, cul­ ture, abilities, and community differences. DEPARTMENT OF JUSTICE To respond to Yukon community needs to provide services designated to reduce crime and to serve and protect victims and potential victims. To provide police services designed to preserve law and order. To provide court services.

To provide secure housing and correctional services designed to protect communities from past offenders and to provide rehabilitative services to past offenders. To maintain safe employment, orderly and responsible commercial and professional ser­ vices in the Yukon and to promote the public interest in labour-management harmony and the consumer interest in commercial and professional activities. To provide legal services to the Yukon Government. DEPARTMENT OF RENEWABLE RESOURCES To provide for the planning, development and management of the Yukon's renewable resources. 5

FIRST APPROPRIA TION ACT, 1987-88

CHAPTER 7 DEPARTMENT OF TOURISM To promote and develop the Yukon as a tourism destination for the economic and so­ cial benefit of Yukoners and to assist the private sector in similar efforts. To develop, enhance and transmit, for the benefit of all Yukoners and visitors, an ap­ preciation and understanding of the Yukon's heritage as well as to preserve these resour­ ces for present and future generations.

YUKON LIQUOR CORPORATION To provide for and to regulate the purchase, transportation and sale of alcoholic beverages in the Yukon. - YUKON HOUSING CORPORATION To ensure the provision and availability of suitable and affordable accommodation to Yukon households in need, senior citizens, the disabled and special needs groups. To ensure the provision and availability of suitable accommodation to Government of Yukon staffliving outside of White horse, and to administer the GovernmenL's Employee Housing Buy-Back Program.

To foster and pro~ote programs that will assist the housing industry to supply adequate housing within Yukon. To create and promote an environment of community participation in the design development and delivery of housing programs. 6

CHAPTER 8 FOURTH APPROPRIATION ACT, 1986-87 CHAPTERS (RSY 1986, Supplement) FOURTH APPROPRIATION ACT, 1986-87 (enacted as SY 1987, c. 2 assented to on April 16, 1987)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that, in addition to the sums previously appropriated, the sums not appearing in parenthesis in

Schedule "A" of this Act are required for the purpose of defraying certain expenses of the public service of the Yukon and for related purposes for the period of 12 months ending in March 31, 1987; The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act may be cited as the Fourth Appropriation Act, 1986-87. 2.

(1) In addition to the sum of $80,935,000 provided for in the First Appropriation Act, 1986-87 and the sum of $173,940,000 provided for in the Second Appropriation Act, 1986-87 and the sum of $21,359,000 provided for in the Third Appropriation Act, 1986-87, from and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not ex­ ceeding in the whole $7,247,000 for defraying the several charges and expenses of the public service of the Yukon payable in the period of 12 months ending on March 31, 1987, as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in accordance with

Schedule "A", the Financial Administration Act and, subject to that Act, the estimates accompanying the message from the Commissioner.

(2) The sums previously appropriated to a vote or item that is listed in

Schedule "A" and that has a sum appearing in parenthesis after it are reduced by the amount of the sum appear­ ing in parenthesis.

(3) The due application of all monies paid or applied pursuant 10

section 2 shall be ac­ counted for. 1

FOURTH APPROPRIA TlON ACT, 1986-87

CHAPTER 8 FOURTH APPROPRIATION ACT, 1986-87

SCHEDULE A Operation and Maintenance Votes 01 Yukon Legislative Assembly 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development: Mines and Small Business 03 Education 12 Finance 16 Government Services 15 Health and Human Resources 08 Justice 10 Public Service Commission 14 Renewable Resources 13 Tourism 11 Women's Directorate Loan Capital Loan Amortization Subtotal Operation and Maintenance Capital Voles 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development: Mines and Small Business 03 Education 16 Government Services 15 Health and Human Resources 08 Justice 14 Renewable Resources 13 Tourism Subtotal Capital Total 2 $ (Dollars in OOO'

s) Voted This Total Voted to Appro- (Current Spend- Date priation ing Authority) 1,526 4,080 41,661 4,095 38,704 3,086 11,781 36,900 15,731 3,115 5,819 4,359 208 1,000 1,875 173,940 21 49,942 11,617 20,328 6,394 1,970 5,351 1,705 4,966 102,294 276,234 1,526 4,080 41,661 4,095 1,166 39,870 3,086 11,781 36,900 15,731 3,115 552 6,371 4,359 208 1,000 1,875 32 175,658 21 3,000 52,942 11,617 510 20,838 281 6,675 52 2,022 548 5,899 439 2,144 699 5,665 5,529 107,823 7,247 283,481

CHAPTER 9 GAS BURNING DEVICES ACT

CHAPTER 9 (RSY 1986, Supplement) GAS BURNING DEVICES ACT (enacted as SY 1987, c. 11 assented to on April 16, 1987) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows:

Interpretation 1.

In this Act, "alter" includes repair; "appliance" means a device that utilizes gas to produce light, heat or power; "contractor" means a person who carries on a business, the purpose of which is the installa­ tion or alteration of appliances, house piping, vents and gas installations; "dealer" means a person who maintains a place of business for the sale of appliances; "gas" means natural or manufactured gas, liquified petroleum gas or any mixture of those gases; "gas fitter" means a person holding a gas fitter's licence issued under this Act; "gas installation" means a facility or system, including fittings, that is owned or operated by a gas company or a public utility and that it is used for storing, conveying, measuring or regulating gas; "house piping" means the gas piping, including fittings, in any premises beyond the outlet of the meter or the gas supply tank and includes propane tanks and cylinders; "public utility" means a public utility as defined in the Public Utilities Act; "vent" means a conduit or passageway for conveying the products of combustion from a gas appliance to the outer air.

Application 2.

(1) Subject to subsection (2), this Act applies to the manufacture, sale, installation and alteration of appliances, house piping, vents and gas installations.

(2) This Act does not apply to (

a) a piping system used to refine or process gas in any way, (

b) an internal combustion engine, turbine, or any·other prime mover, other than a stationary engine that is supplied with gas by house piping, or (

c) appliances, house piping, vents or gas installations that are exempted by the Commissioner in Executive Council from the operation of this Act. 1

GAS BURNING DEVICES ACT

CHAPTER 9

(3) Where there is a conflict between this Act and the Public Utilities Act, this Act shall prevail. Appointment of inspectors 3.

(1) The Commissioner in Executive Council may appoint one or more inspectors to carry out the provisions of this Act.

(2) Every inspector has the authority to enforce the provisions of this Act and to issue any licence or permit under this Act. Approval seal 4.

(1) Except as otherwise provided by the regulations, no dealer shall sell or offer for sale any appliance that does not bear the approval seal of a prescribed testing agency or as­ sociation.

(2) No person shall apply an approval seal unless the provisions of this Act have been complied with. Permits for installation or alteration 5.

(1) Subject to the regulations, no person shall install or alter an appliance, house piping, a vent or a gas installation unless a permit has been issued authorizing the installation or al­ teration.

(2) Regulations under subsection (1) may prescribe (

a) classes of installations and alterations, (

b) qualifications to be possessed by applicants for the performance of all or part of the work with respect to any class of installation or alteration, and (

c) terms and conditions governing the performance of work with respect to any class of installation or alteration.

(3) Regulations under subsection (1) may provide for exemptions from the need to ob­ tain a permit for all or part of the work with respect to any class of installation or alteration.

(4) An inspector may, upon the issuance of a permit, impose such terms and conditions respecting the installation or alteration of an appliance, house piping, a vent or a gas installa­ tion as may be necessary to ensure the safety of the installation or alteration.

(5) Where by reason ofthe distance of the premises from a place where there is a licensed gas fitter, the expense of doing work may be unreasonable, an inspector may subject to any conditions necessary issue a permit to do gas fitting and emergency repairs or service on equip­ ment. Application for permit 6. An application for a permit under

section 5 (

a) shall be in the prescribed form, (

b) shall be accompanied by the prescribed fee, and (

c) shall be accompanied by such plans and specifications and contain such in­ formation as may be prescribed. 2

CHAPTER 9 GAS BURNING DEVICES ACT Authorization before use 7. Where an appliance, house piping, a vent or a gas installation has been installed or al­ tered, no person shall use or permit the use ofthe house piping, appliance, vent or gas instal­ lation unless (

a) a permit has been issued and the inspector has approved the installation or alteration of the appliance, house piping, vent or gas installation, or (

b) the use of the appliance, house piping, vent or gas installation is permitted by the regulations without authorization of an inspector. Inspector may examine dealer's stock 8.

(1) Every inspector may, examine appliances in the course of manufacture or repair and appliances in the stock of dealers and manufacturers of appliances during their hours of operation.

(2) Where an inspector finds that any appliance examined under subsection (1) is defec­ tive or does not comply with this Act, the inspector may, by order, prohibit the sale, offering for sale or the repair of the appliance until such time as the provisions of the Act have been complied with. Powers of inspectors 9.

(1) An inspector may, subject to this section, enter any premises in respect of which a permit has been issued for the installation or alteration of house piping, an appliance, a vent or a gas installation in order to inspect the house piping, appliance, vent or gas installation for the purposes of this Act.

(2) Subject to this section, where an inspector has reasonable and probable grounds to believe and does believe that there is in any place an appliance, house piping, vent or gas in­ stallation that is a hazard to the occupants, or to the public generally, or that an offense con­ trary to this Act has been committed, the inspector may request a Justice of the Peace to issue a search warrant authorizing the inspector to enter and examine the place at such time or times as may be stated in the warrant.

(3) The inspector shall not search any place unless, immediately before the search, the inspector obtains the permission of the lawful occupant to do so, or unless the inspector has a search warrant authorizing the search.

(4) A search warrant may be issued by a justice of the peace where the justice of the peace is satisfied by information upon oath of an inspector that there are reasonable grounds for believing there to be in the place to be searched (

a) any appliance, house piping, vent or gas installation that may be installed or altered in contravention of this Act, or (

b) any appliance, house piping, vent or gas installation that is defective or dangerous to life or property.

(5) In the carrying out of a search under this section, an inspector may use all force that is necessary in the circumstances, including the breaking of any lock or fastening, but the in­ spector shall 3

GAS BURNING DEVICES ACT

CHAPTER 9 (

a) ensure that the premises are left as secure after the search as they were at the commencement of the search, and (

b) make a reasonable effort forthwith after the search to give notice of any ac­ tion under this subsection to the owner or other person entitled to posses­ sion of the place searched.

(6) Where the owner or other person authorized to occupy a dwelling house that is not vacant is absent from the premises, an inspector shall not exercise any power under subsec­ tion (5) unless (

a) the inspector is accompanied by a member of the Royal Canadian Mounted Police, and (

b) the inspector has made a reasonable effort to give advance notice of the search to the owner or other person. Order to disconnect appliances, etc. 10.

(1) Where an inspector linds any appliance, house piping, vent or gas installation that has been installed in breach of this Act, or that is defective or dangerous to life or property, the inspector may (

a) shut off the house piping to the appliance, or (

b) order the occupier of the premises, if any, and the owner of the appliance, house piping, vent or gas installation to comply with this Act, or to shut off the appliance, house piping, vent or gas installation.

(2) Where an appliance, house piping or gas installation is disconnected or shut off under subsection (1), no person shall reconnect it or turn it on unless authorized by an inspector. Order or inspectors 11.

(1) An order or decision of an inspector under this Act may be made orally, but shall be conlirmed in writing within 24 hours.

(2) An order of an inspector under this Act is not a regulation within the meaning of the Regulations Act. Prohibition 12. No person, other than a gas liller, shall perform the prescribed work in respect of any installation or alteration of an appliance, house piping, a vent or a gas installation. Gas fitters 13. An inspector may issue a gas lilter's licence to a person who has the prescribed qualilications. Contractors 14.

(1) Subject to subsection (2), an inspector may issue a contractor's licence to a per­ son to engage in business as a contractor.

(2) A licence shall not be issued under subsection (1) unless that person is a gas lilter, or has the prescribed qualilications. 4

CHAPTER 9 GAS BURNING DEVICES ACT Licences 15. A licence issued under this Act shall be subject to such terms and conditions as may be prescribed. Revocation or suspension of licence 16. Every licence issued under this Act may be revoked or suspended by an inspector for violation of this Act, or for the making of any false statement in the application for the licence by the holder of the licence, by his or her agent or employee, or by a person working directly under his or her supervision. Appeal board 17.

(1) A person who is served with written notice of a decision, order or ruling of an in­ spector may, within 30 days after the date he or she is served with the written notice, appeal the decision, order or ruling by delivering a written notice of appeal to the Executive Council Member.

(2) For the purpose of subsection (I), the refusal to grant a licence or the revocation or suspension of a licence shall be considered a decision of an inspector.

(3) Where the Executive Council Member receives a Notice of Appeal in accordance with subsection (2), the Executive Council Member shall forthwith appoint an appeal board, consisting of three persons, at least two of whom shall be representative of the gas fitting in­ dustry, for the purposes of hearing the appeal.

(4) The Commissioner in Executive Council shall prescribe the procedural rules to be followed in respect of appeals under this section. Power of appeal board 18. Upon hearing an appeal, an appeal board shall confirm, vary or reverse the decision, order or ruling of an inspector and may order the appellant or any other person to comply with its decision. Regulations 19.

(1) The Commissioner in Executive Council may make regulations (

a) respecting the manufacture, installation or alteration of any appliance, house piping, vent or gas installation; (

b) requiring any person doing work under a permit under this Act to submit the work for inspection or testing at any stage of the work; (

c) providing that, with respect to any part of a vent, an inspector may rely on an inspection of it made under any enactment of Canada or the Yukon, or any bylaw of a municipality; (

d) respecting the licensing of contractors and gas fitters; (

e) providing for the granting, renewal, cancellation or suspension of any licence, or permit; (

f) prescribing fees; 5

GAS BURNING DEVICES ACT

CHAPTER 9 (

g) prescribing the records to be kept by inspectors, contractors, manufacturers, dealers or gas fitters; (

h) prescribing anything required by this Act to be prescribed or provided for in the regulations; (

i) generally, respecting any other matter the Commissioner in Executive Coun­ cil considers necessary for carrying the purposes and provisions of this Act into effect.

(2) The Commissioner in Executive Council may make regulations adopting the stand­ ards of the Canadian Gas Association or any other code of rules for the construction, instal­ lation, testing or inspection of appliances, house piping, vents or gas installations promulgated by any association or body of persons.

(3) Notwithstanding the Regulations Act, in case the standards ofthe Canadian Gas As­ sociation or any other code of rules for the construction, installation, testing or inspection of appliances, house piping, vents or gas installations, promulgated by any association or body of persons in an available printed form is adopted in whole or in part or with variations under subsection (2), publication in the Yukon Gazette of a notice of the adoption setting out the variation subject to which it is adopted, shall be deemed sufficient publication of the regula­ tions for this

section without publication in the Yukon Gazette of the text of the code or rules or parts adopted. Offence 20.

(1) Every person who contravenes this Act, a term or condition of a licence or per­ mit, an order of an inspector or an order of an appeal board commits an offence.

(2) Every person who commits an offence under this Act is liable on conviction to a fine of up to $2,000 or to imprisonment for a term of six months or both. Consequential amendments Act: 21. The following paragraph is added to subsection 19(1) of the Electrical Protection U(

f) the replacement or repair of electrical components in a gas burning ap­ pliance by a gas litter licensed under the Gas Burning Devices Act.". Commencement 22. This Act comes into force on a day to be fIXed by the Commissioner in Executive Council. 6

CHAPTER 10

AN ACT TO AMEND THE HOME OWNER'S GRANT ACT

CHAPTER 10 (RSY 1986, Supplement)

AN ACT TO AMEND THE HOME OWNER'S GRANT ACT (enacted as SY 1986, c. 22, assented to on Dec. 18, 1986) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Homeowner's Grant Act. 2. In

section 3 (

a) the expression "Deputy Head of the Department of Community and Transportation Services" is substituted for the expression "Executive Coun­ cil Member", and (

b) the word "February" is substituted for the word "January". 3. Paragraph 2(

a) of this Act shall come into force on April 1, 1987. 1

CHAPTER 11 HUMAN RIGHTS ACT

CHAPTER 11 (RSY 1986, Supplement) HUMAN RIGHTS ACT (enacted as SY 1987, c. 3, assented to on Feb. 12, 1987) Recognizing that respect for human rights is a fundamental part of Canada's heritage, That Canada is a party to the United Nations' Universal Declaration of Human Rights and other international undertakings having as their object the improvement of human rights in Canada and other nations of the world, That the Yukon Government has a responsibility to encourage an understanding and recognition of human rights that is consistent with Canada's international undertakings and with the initiatives taken by Canada and the provinces, and That it is just and consistent with Canada's international undertakings to recognize and make special provision for the unique needs and cultural heritage of the aboriginal peoples of the Yukon, The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: Objects 1.

(1) The objects of this Act are (

a) to further in the Yukon the public policy that every individual is free and equal in dignity and rights, (

b) to discourage and eliminate discrimination, (

c) to promote recognition of the inherent dignity and worth and of the equal and inalienable rights of all members of the human family, these being prin­ ciples underlying the Canadian Charter of Rights and Freedoms and the Universal Declaration of Human Rights and other solemn undertakings, in­ ternational and national, which Canada honours.

(2) This Act does not affect rights pertaining to aboriginal peoples established by the Constitution of Canada or by a land claims agreement. Multi-cultural heritage 2. This Act shall be interpreted in a manner consistent with the preservation and enhan­ cement of the multi-cultural heritage of the residents of the Yukon. 1

HUMAN RIGHTS ACT PARTl BILL OF RIGHTS Right to rreedom or religion and of conscience

CHAPTER 11 3. Every individual and every group shall, in accordance with the law, enjoy the right to freedom of religion, conscience, opinion, and belief. Right to rreedom or expression 4. Every individual and every group shall, in accordance with the law, enjoy the right to freedom of expression, including freedom of the press and other media of communication. Right to freedom of assembly and of association S. Every individual and every group shall, in accordance with the law, enjoy the right to peaceable assembly with others and the right to form with others associations of any charac­ ter.

Right to enjoyment and disposition of property 5.1 Every individual has a right to the peaceful enjoyment and free disposition of his or her property, except to the extent provided by law, and no one shall be deprived of that right except with just compensation. Prohibited grounds

PART 2 DISCRIMINATORY PRACTICES 6. It is discrimination to treat any individual or group unfavourably on any of the follow- ing grounds: (

a) ancestry, including colour and race, (

b) national origin, (

c) ethnic or linguistic background or origin, (

d) religion or creed, or religious belief, religious association, or religious ac- tivity, (

e) age, (

f) sex, including pregnancy, and pregnancy related conditions, (

g) sexual orientation, (

h) physical or mental disability, (

i) criminal charges or criminal record,

U) political belief, political association or political activity, (

k) marital or family status, 2

CHAPTER 11 HUMAN RIGHTS ACT (

I) actual or presumed association with other individuals or groups whose iden­ tity or membership is determined by any of the grounds listed in paragraphs (

a) to (k). Duty to provide for special needs 7.

(1) Every person has a responsibility to make reasonable provisions in connection with employment, accommodations, and services for the special needs of others where those spe­ cial needs arise from physical disability, but this duty does not exist where making the provisions would result in undue hardship.

(2) For the purposes of subsection (1) "undue hardship" shall be determined by balanc- ing the advantages and disadvantages of the provisions by reference to factors such as (

i) safety, (ii) disruption to the public, (iii) effect on contractual obligations, (iv) financial cost, Cv) business efficiency.

(3) This Act does not apply to structures which at the commencement of this Act were existing and complied with the applicable requirements of the Building Standards Act and regulations under that Act. Prohibited discrimination 8. No person shall discriminate (

a) when offering or providing services, goods, or facilities to the public, (

b) in connection with any aspect of employment or application for employment, (

c) in connection with any aspect of membership in or representation by any trade union, trade association, occupational association, or professional as­ sociation, (

d) in connection with any aspect of the occupancy, possession, lease, or sale of property offered to the public, (

e) in the negotiation or performance of any contract that is offered to or for which offers are invited from the public. Reasonable cause 9. It is not discrimination if treatment is based on (

a) reasonable requirements or qualifications for the employment, (

b) on a criminal record or criminal charges relevant to the employment, (

c) sex, so as to respect the privacy of the people to whom accommodations or a service or facility is offered, or (

d) other factors establishing reasonable cause for the discrimination. 3

HUMAN RIGHTS ACT

CHAPTER 11 Exemptions 10.

(1) It is not discrimination for a religious, charitable, educational, social, cultural, or athletic organization to give preference to its members or to people the organization exists to serve.

(2) It is not discrimination for individuals to give preference to members of their family.

(3) Section 8 does not apply to (

a) the employment of a person to prmide services in a private home or in any exclusively religious, charitable, educational, social, cultural or athletic or­ ganization, (

b) the choice by an occupant of a private home of a boarder or tenant to occupy part of the home. Systemic discrimination 11. Any conduct that results in discrimination is discrimination. Special programs and affirmative action 12.

(1) Special programs and affirmative action programs are not discrimination.

(2) Special programs are programs designed to prevent disadvantages that are likely to be suffered by any group identified by reference to a prohibited ground of discrimination.

(3) Affirmative action programs are programs designed to reduce disadvantages result­ ing from discrimination suffered by a group identified by reference to a prohibited ground of discrimination. Harassment 13.

(1) No person shall (

a) harass any individual or group by reference to a prohibited ground of dis­ crimination, (

b) retaliate or threaten to retaliate against an individual who objects to the harassment.

(2) In subsection (1), "harass" means to engage in a course of vexatious conduct or to make a demand or a sexual solicitation or advance that one knows or ought reasonably to know is unwelcome. Equal pay for work of equal value 14.

(1) This

section applies only to the Government of the Yukon and municipalities and their corporations, boards, and commissions.

(2) It is discrimination for an employer to establish or maintain a difference in wages be­ tween employees who are performing work of equal value, if the difference is based on any of the prohibited grounds of discrimination.

(3) In assessing the value of the work performed the criterion to be applied is the com­ posite of the skill, effort, and responsibility required and the working conditions. 4

CHAPTER 11 HUMAN RIGHTS ACT

(4) For the purposes of this section, "wages" means any form of payment for work per­ formed by an individual, and includes salaries, commissions, vacation pay, dismissal wages, bonuses, value for board, rent, housing, lodging, payments in kind, employer contributions to pension funds or plans, employer contributions to long-term disability plans, employer con­ tributions to any forms of health insurance plans, and any other advantage received directly or indirectly from the individual's employer.

(5) An employer shall not reduce wages in order to comply with this section.

PART 3 YUKON HUMAN RIGHTS COMMISSION Human Rights Commission 15.

(1) There shall be a Yukon Human Rights Commission accountable to the Legisla­ ture and the commission shall (

a) promote the principle that every individual is free and equal in dignity and rights, (

b) promote the principle that cultural diversity is a fundamental human value and a basic human right, (

c) promote education and research designed to eliminate discrimination, (

d) promote a settlement of complaints in accordance with the objects of this Act by agreement of all parties, (

e) cause complaints which are not settled by agreement to be adjudicated, and at the adjudication adopt the position which in the opinion of the commis­ sion best promotes the objects of this Act.

(2) The commission shall conduct education and research on the principle of equal pay for work of equal value in the private sector. Appointment of commission 16.

(1) The commission shall consist of a minimum of three and a maximum of five mem­ bers who shall be appointed for a term of three years by the Legislature.

(2) A member of the commission may only be removed from office by resolution of the Legislature. Annual report of commission 17. In each fiscal year the commission shall deliver to the Speaker of the Legislature a report about the administration of this Act. The report shall not publish any names of in­ dividuals or businesses in which a complaint was dismissed or has not yet been dealt with. Director of Human Rights 18. There shall be a Director of Human Rights responsible to the commission for (

a) ensuring that complaints are dealt with in accordance with this Act, 5

HUMAN RIGHTS ACT

CHAPTER 11 (

b) carrying out, in accordance with the commission's policies and directives, the administration of this Act. Complaints

PART 4 COMPLAINTS 19.

(1) Any person believing that there has been a contravention of this Act against him or her may complain to the commission who shall investigate the complaint unless (

a) the complaint is beyond the jurisdiction of the commission, (

b) the complaint is frivolous or vexatious, or (

c) the victim ofthe contravention asks that the investigation be stopped.

(2) A complaint must be made within six months of the alleged contravention. Disposition of complaints by commission 20. After investigation, the commission shall (

a) dismiss the complaint, or (

b) try to settle the complaint on terms agreed to by the parties, or (

c) ask a board of adjudication to decide the complaint. Panel of adjudicators 21.

(1) There shall be a panel of adjudicators to be called upon as required to adjudicate complaints.

(2) The panel of adjudicators shall consist of not less than three members, one of whom shall be designated Chief Adjudicator, who shall be appointed for a term of three years by the Legislature.

(3) A member of the panel may only be removed from the panel by resolution of the Legislature.

(4) When the commission asks that a complaint be adjudicated, the Chief Adjudicator shall establish a board of adjudication and determine its membership. Fundamental justice 22. The board of adjudication shall conduct its hearings in accordance with the prin­ ciples of fundamental justice and may exercise alllhe powers of a board appointed under the Public Inquiries Act. Where complaint established 23.

(1) Ifthe complaint is proven on the balance of probabilities the board may order the party who discriminated to (

a) stop the discrimination, (

b) rectify any condition that causes the discrimination, (

c) pay damages for any linancialloss suffered as a result of the discrimination, 6

CHAPTER 11 HUMAN RIGHTS ACT (

d) pay damages for injury to dignity, feelings, or self-respect, (

e) pay exemplary damages if the contravention was done maliciously, (

t) pay costs.

(2) No order made under this

section shall contain a term (

a) requiring an individual to be removed from employment if the individual ac­ cepted the position in good faith, or (

b) requiring an occupant of a dwelling to leave if the occupant obtained pos­ session of the dwelling in good faith. Costs or adjudication 24. If the board of adjudication concludes that the complaint was frivolous or vexatious or that the proceedings have been frivolously or vexatiously prolonged the board may order the commission to pay to the respondent (

a) part or all of the respondent's costs of defending against the complaint, and (

b) damages for injury to the respondent's reputation. 24.1 If the board of adjudication concludes that the complaint was based on information that the complainant knew to be false the board may order the complainant to pay to the respondent (

a) part or all of the respondent's costs of defending against the complaint, and (

b) damages for injury to the respondent's reputation. Enforcement oradjudication orders by court 25. An order of the board of adjudication may be filed in the Supreme Court and it shall then be enforceable as an order of the Supreme Court. Appeals 26.

(1) Any party to a proceeding before a board of adjudication may appeal final decisions of the board to the Supreme Court by filing a notice of appeal with the court within thirty days after the order of the board of adjudication is pronounced.

(2) The procedure for the appeal shall be the same as for an appeal in the Court of Ap­ peal.

(3) An appeal under this

section may be made on questions of law and the court may af­ firm or set aside the order ofthe board and direct the board to conduct a new hearing.

(4) The only proceeding that may be taken to set aside or vary decisions of the board is the right of appeal given by this Act. . 7

HUMAN RIGHTS ACT

CHAPTER 11 PARTS OFFENCES Obstruction 27. Every person who willfully obstructs or interferes with any person acting under the authority of this Act commits an offence. Retaliation 28. It is an offence for a person to retaliate or threaten to retaliate against any other per­ son on the ground that the other person has done or proposes to do anything this Act permits or obliges them to do. False reports 28.1 Any person who reports to the commission information that the person knows to be false commits an offence. Penalties 29. A person who commits an offence under

section 27, 28, or 28.1 is liable on

summary conviction to a fine of up to $2,000.

PART 6 MISCELLANEOUS Interim injunction 30. If a complaint has been made to the commission or a prosecution has been com­ menced, ajudge of the Supreme Court may grant a temporary injunction restraining any con­ duct alleged to be in contravention of this Act, or requiring the respondent or accused to comply with this Act until the complaint proceedings or prosecution have been completed. Disclosure 31.

(1) If ajudge of the Supreme Court is satisfied that a request for disclosure of a docu­ ment has been refused and that there are reasonable grounds to believe that the document is relevant to the investigation of a complaint, the judge may order the person who has the docu­ ment to produce it for inspection and copying by the commission's investigator.

(2) Personal information under the control of the commission shall not, without the con­ sent of the individual to whom it relates, be disclosed or be used except (

a) in proceedings under this Act or for any other purpose for which the com­ mission obtained the information or a purpose consistent with that purpose, or (

b) in accordance with an order or rules of procedure of a court or other ad­ judictive tribunal. 8

CHAPTER 11 HUMAN RIGHTS ACT Acts oC employees 32. Employers are responsible for the discriminatory conduct of their employees unless it is established that the employer did not consent to the conduct and took care to prevent the conduct or, after learning of the conduct, tried to rectify the situation. Regulations 33. After consultation with the commission, the Commissioner in Executive Council may make regulations (

a) establishing the procedures of the commission and boards of adjudication, (

b) regarding the hiring of people by the commission and the terms and condi­ tions of their employment or service, (

c) prescribing remuneration and expenses that may be paid.

Interpretation 34.

In this Act "physical disability" means any degree of physical disability, infirmity, malformation or dis­ figurement that is caused by bodily injury, birth defect or illness and includes epilepsy, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, and physical reliance on a seeing eye dog or on a wheelchair or other remedial appliance or device; "mental disability" means any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, or learning disability; "person" includes a partnership, an unincorporated organization or association, and a trade union.

"sexual orientation" means heterosexual, homosexual or bi-sexual and refers only to consent­ ing adults acting within the law. Act binds Government of the Yukon Territory 35. This Act is binding upon the Government of the Yukon Territory and its corpora­ tions, boards, and commissions. Paramountcy 36. This Act supersedes every other Act, whether enacted before or after this Act, un­ less it is expressly declared by the other Act that it shall supersede this Act. Fair Practices Act 37. The Fair Practices Act is repealed. 9

CHAPTER 12

AN ACT TO AMEND THE INSURANCE ACT

CHAPTER 12 (RSY 1986, Supplement)

AN ACT TO AMEND THE INSURANCE ACT (enacted as SY 1987, c. 12 assented to on April 16, 1987) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Insurance Act. 2. The following definition is added to

section 1: "'compensation association' means a body corporate or an unincorporated associa­ tion designated under subsection 22.1(1) as a compensation corporation;". 3. The following

section is added immediately after

section 1: Agreements with compensation associations "1.1 The Executive Council Member may enter into agreements with compensa­ tion associations relating to a plan for the compensation, by the compensa­ tion association, of policy holders of and eligible claimants on insolvent insurers." 4. Subsection 21(1) is amended by adding the following clause: "(f.1) underwriters or syndicates of underwriters operating on a plan known as The Canadian Insurance Exchange." 5. The following

section is added immediately after

section 22: Compensation associations and membership "22.1(1) The Commissioner in Executive Council may designate a compensation as- sociation for any of the following classes of insurance: (

a) automobile insurance; (

b) boiler and machinery insurance; (

c) fire insurance; (

d) inland transportation insurance; (

e) livestock insurance; (

t) public liability insurance; (

g) plate glass insurance; (

h) property damage insurance; (

i) sprinkler leakage insurance; 1

AN ACT TO AMEND THE INSURANCE ACT

CHAPTER 12

G) theft insurance; (

k) weather insurance; (1) any other class of insurance as may be designated in the regulations.

(2) Subject to subsection (3), where a compensation association has been designated for a class of insurance under subsection (1), every insurer who is licensed to carry on that class of insurance shall be deemed to be a member of that compensation association during the period the insurer is licensed to carry on that class of insurance and for 183 days after ceasing to be so licensed. (3) Subsection (2) does not apply to an insurer that is designated under paragraph 44(b.2), or whose business is limited to the business of reinsurance.

(4) Every member of a compensation association is bound by the by-laws and memoran­ dum of operation of the compensation association.

(5) A member of a compensation association shall pay to the compensation association all assessments and levies made against the member by the compensation association.

(6) Where a member of a compensation association fails to pay an assessment or levy within 30 days of the mailing of the notice of the assessment or levy to the member, (

a) the compensation association may claim the amount of the assessment or levy, with interest, as a debt due from the member, and (

b) the superintendent may cancel the member's licence.

(7) A debt due under paragraph (6)(a), does not cease to be due upon termination of the member's membership in the compensation association." 6. The following

section is added immediately after

section 26: Licensing in other jurisdictions required "26.1(1) For the purpose of this

section "province" does not include the Yukon or the Northwest Territories.

(2) An insurer that is not licensed by a province for the business of insurance or is not registered under the Canadian and British Insurance Companies Act (Canada) or the Foreign Insurance Companies Act (Canada), is not eligible to be licensed under this Act. (3) Subsection (2) does not apply to an underwriter or syndicate of underwriters that is a member of the society known as Lloyds, or operating on a plan known as the Canadian Insurance Exchange."

Section 44 is amended by adding the following paragraphs immediately after paragraph (b): "(b.

l) designating as compensation associations, bodies corporate or unincor­ porated associations, whose purposes are to provide compensation to policy holders of and eligible claimants on insolvent insurers; 2

CHAPTER 12

AN ACT TO AMEND THE INSURANCE ACT (b.2) designating insurers as being adequately covered by a plan of compensation other than that provided by reason of membership in a compensation as­ sociation;" . 3

CHAPTER 13 INTERIM SUPPL Y APPROPRIATION ACT, 1987-88

CHAPTER 13 (RSY 1986, Supplement) INTERIM SUPPLY APPROPRIATION ACT, 1987-88 (enacted as SY 1987, c. 13, assented to on March 31, 1987)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that the sums mentioned in

Schedule "A" of this Act are required for the pur­ pose of defraying certain expenses of the public service of the Yukon and for related purposes for the period from April 1, 1987 to May 31, 1987. The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act may be cited as the Interim Supply Appropriation Act, 1987-88. 2.

In addition to the sum of $114,302,000 provided for in the First Appropriation Act, 1987-88, from and out of the Yukon Consolidated Revenue Fund there may be paid and ap­ plied a sum not exceeding in the whole $33,166,000 for defraying the several charges and ex­ penses of the public service of the Yukon for the period from April 1, 1987 to May 31, 1987, as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in ac­ cordance with

Schedule "A" and the Financial Administralion Act and, subject to the said Act, the estimates accompanying the message from the Commissioner. 3. This Act shall be deemed to have come into force April 1, 1987. 1

INTERIM SUPPL Y APPROPRIA TlON ACT, 1987-88

CHAPTER 13 INTERIM SUPPLY APPROPRIATION ACT, 1986-87

SCHEDULE A Operation and Maintenance Votes Yukon Legislative Assembly Executive Council Office Community and Transportation Services Economic Development; Mines and Small Business Education Finance Government Services Health and Human Resources Justice Public Service Commission Renewable Resources Tourism Women's Directorate Yukon Housing Corporation Total 2 $ (Dollars in OOO'

s) Total 319 775 9,000 410 7,000 487 2,110 7,295 3,128 628 1,206 550 40 218 33,166

CHAPTER 14 INTERNATIONAL COMMERCIAL ARBITRATION ACT

CHAPTER 14 (RSY 1986, Supplement) INTERNATIONAL COMMERCIAL ARBITRATION ACT (enacted as SY 1987, c. 14, assented to on April 16, 1987) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows:

Interpretation 1.

(1) In this Act, "International Law" means the Model Law On International Commercial Arbitration, adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in

Schedule A.

(2) Words and expressions used in lhis Act have the same meanings as the correspond­ ing words and expressions in the International Law. Application or International Law 2.

(1) Subject to this Act, the International Law applies in the Yukon.

(2) The International Law applies to international commercial arbitration agreements and awards, whether made before or after the coming into force of this Part. Conciliation and other proceedings 3. For the purpose of encouraging settlement of a dispute, an arbitral tribunal may, with the agreement of the parties, employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. Removal or arbitrator 4.

(1) Unless the parties otherwise agree, if an arbitrator is replaced or removed in ac­ cordance with the International Law, any hearing held prior to the replacement or removal shall be repeated.

(2) With respect to

article 15 of the Internalional Law, the parties may remove an ar­ bitrator at any time prior to the final award, regardless of how· the arbitrator was appointed. 1

INTERNA TlONAL COMMERCIAL ARBITRA TlON ACT

CHAPTER 14 Rules applicable to substance of dispute 5. Notwithstanding

article 28(2) of the International Law, if the parties fail to make a designation pursuant to

article 28(1) of the International Law, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances respecting the dis­ pute. Consolidation of proceedings 6.

(1) The Supreme Court, upon application of the parties to two or more arbitration proceedings, may order (

a) the arbitration proceedings to be consolidated, on terms it considers just; (

b) the arbitration proceedings to be heard at the same time, or one immediate­ ly after another; (

c) any of the arbitration proceedings to be stayed until after the determination of any other of them.

(2) Where the Court orders arbitration proceedings to be consolidated pursuant to paragraph (1) (

a) and all the parties to the consolidated arbitration proceedings are in agree­ ment as to the choice of the arbitral tribunal for that arbitration proceeding, the arbitral tribunal shall be appointed by the Court, but if all the parties cannot agree, the Court may ap­ point the arbitral tribunal for that arbitration proceeding.

(3) Nothing in this

section shall be construed as preventing the parties to two or more arbitration proceedings from agreeing to consolidate those arbitration proceedings and taking such steps as are necessary to effect that consolidation. Court 7.

(1) The functions referred to in

article 6 of the International Law shall be performed by the Supreme Court.

(2) For the purposes of the International Law, a reference to "court" or "competent court", where in the context it means a court in the Yukon, means the Supreme Court. Stay of proceedings 8. Where, pursuant to

article 8 of the International Law, a court refers the parties to ar­ bitration, the proceedings of the court are staycd with respect to the matters to which the ar­ bitration relates. Crown bound 9.

(1) This Act binds the Crown.

(2) An award recognized pursuant to this Act is enforceable against the Crown in the same manner and to the same extent as a judgment is enforceable against the Crown. Aids in

interpretation 10.

(1) This Act shall be interpreted in good faith in accordance with the ordinary mean­ ing to be given to the terms of the Act in their context and in the light of its objects and pur­ poses.

(2) In applying subsection (1) to the International Law, recourse may be had to 2

CHAPTER 14 INTERNATIONAL COMMERCIAL ARBITRATION ACT (

a) the Report of the United Nations Commission on International Trade Law on the work of its 18th session (June 3-21, 1985), and (

b) the International Commercial Arbitration Commentary on Draft Text of a Model Law on International Commercial Arbitration_ Regulations 13. The Commissioner in Executive Council may (

a) cause to be published in the Yukon Gazette the names of Contracting States to the Convention; (

b) prescribe rules of court for implementation of this Act

SCHEDULE A UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION (As adopted by the United Nations Commission on International Trade Law on 21 June 1985)

CHAPTER I. GENERAL PROVISIONS

Article I. Scope or application

(1) This Law applies to international commercial arbitration, subject to any agreement in force between this State and any other State or States.

(2) The provisions of this Law, except articles 8, 9,35 and 36, apply only if the place of arbitration is in the territory of this State.

(3) An arbitration is international if: (

a) the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or (

b) one ofthe following places is situated outside the State in which the parties have their places of business: (

i) the place of arbitration if determined in, or pursuant to, the arbitra­ tion agreement; (ii) any place where a substantial part of the obligations of the commer­ cial relationship is to be performed or the place with which the sub­ ject-matter of the dispute is most closely connected; or (

c) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country. 3

INTERNA T/ONAL COMMERCIAL ARBITRA T/ON ACT

CHAPTER 14

(4) For the purposes of paragraph (3) of this article: (

a) if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; (

b) if a party does not have a place of business, reference is to be made to his habitual residence.

(5) This law shall not affect any other law of this State by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law.

Article 2.

Definitions and rules of

interpretation For the purposes of this Law: (a) "arbitration" means any arbitration whether or not administered by a per- manent arbitral institution; (b) "arbitral tribunal" means a sole arbitrator or a panel of arbitrators; (c) "court" means a body or organ of the judicial system of a State; (

d) where a provision of this Law, except

article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination; (

e) where a provision of this Law refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the par­ ties such agreement includes any arbitration rules referred to in that agree­ ment; (/) where a provision of this Law, other than in articles 25(

a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies lO a defence to such counter-claim.

Article 3. Receipt of written communications

(1) Unless otherwise agreed by the parties: (

a) any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last-known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it; (

b) the communication is deemed to have been received on the day it is so delivered.

(2) The provisions of this

article do not apply to communications in court proceedings.

Article 4. Waiver of right to object A party who knows that any provision of this Law from which the parlies may derogate or any requirement under the arbitration agreement has not been complied wilh and yet 4

CHAPTER 14 INTERNATIONAL COMMERCIAL ARBITRATION ACT proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period oftime, shall be deemed to have waived his right to object.

Article S. Extent or court intervention In matters governed by this Law, no court shall intervene except where so provided in this Law.

Article 6. Court or other authority ror certain runctions or arbitration assistance and super­ vision The functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3) and 34(2) shall be per­ formed by ... IEach State enacting this model law specifies the court, courts or, where referred to therein, other authority competent to perform these functions.]

CHAPTER 11. ARBITRATION AGREEMENTS

Article 7. Definition and rorm or arbitration agreement (1) "Arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.

(2) The arbitration agreement shall be in writing. An agreement is in writing if it is con­ tained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of tele-communication which provide a record of the agreement, or in an ex­ change of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by another. The reference in an contract to a document contain­ ing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract.

Article 8. Arbitration agreement and substantive claim berore court

(1) A court before which an action is brought in a matter which is the subject of an ar­ bitration agreement shall, if a party so requests not later than when submitting his first state­ ment on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.

(2) Where an action referred to in paragraph (1) ofthis

article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.

Article 9. Arbitration agreement and interim measures by court It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure. 5

INTERNATIONAL COMMERCIAL ARBITRA TlON ACT

CHAPTER 14

CHAPTER Ill. COMPOSITION OF ARBITRAL TRIBUNAL

Article 10. Number of arbitrators

(1) The parties are free to determine the number of arbitrators.

(2) Failing such determination, the number of arbitrators shall be three.

Article 11. Appointment ofarbitrators

(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

(2) The parties are free to agree on a procedure of appointing the arbitrator or ar­ bitrators, subject to the provisions of paragraphs (4) and (5) of this article.

(3) Failing such agreement, (

a) in an arbitration with three arbitrators, each party shall appoint one ar­ bitrator, and the two arbitrators thus appointed shall appoint the third ar­ bitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the ap­ pointment ~hall be made, upon request of a party, by the court or other authority specified in

article 6; (

b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in

article 6.

(4) Where, under an appointment procedure agreed upon by the parties, (

a) a party fails to act as required under such procedure, or (

b) the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or (

c) a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in

article 6 to take the necessary measure, unless the agreement on the appointment procedure provided other means for secur­ ing the appointment.

(5) A decision on a maller entrusted by paragraph (3) or (4) of this

article to the court or other authority specified in

article 6 shall bc subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.

Article 12. Grounds for Challenge

(1) When a person is approached in connection with his possible appointment as an ar­ bitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his im- 6

CHAPTER 14 INTERNA T10NAL COMMERCIAL ARBITRATION ACT partiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties un­ less they have already been informed of them by him.

(2) An arbitrator may be challenged only if circumstances exist that give rise to justifi­ able doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the ap­ pointment has been made.

Article 13. Challenge procedure

(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraph (3) of this article.

(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becom­ ing aware of any circumstance referred to in

article 12(2), send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

(3) If a challenge under any procedure agreed upon by the parties or under the proce­ dure of paragraph (2) of this

article is not successful, the challenging party may request, within thirty days after having received notice of the decision rejecting the challenge, the court or other authority specified in

article 6 to decide on the challenge, which decision shall be sub­ ject to no appeal; while such a request is pending, the arbitral tribunal, including the chal­ lenged arbitrator, may continue the arbitral proceedings and make an award.

Article 14. Failure or impossibility to act

(1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Otherwise, if a controversy remains con­ cerning any of these grounds, any party may request the court or other authority specified in

article 6 to decide on the termination of the mandate, which decision shall be subject to no ap­ peal.

(2) If, under this

article or

article 13(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this

article or

article 12(2).

Article 15. Appointment of substitute arbitrator Where the mandate of an arbitrator terminates under

article 13 or 14 or because of his withdrawal from of lice for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute ar­ bitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced. 7

INTERNA TlONAL COMMERCIAL ARBITRATION ACT

CHAPTER 14

CHAPTER IV. JURISDICTION OF ARBITRAL TRIBUNAL

Article 16. Competence ofarbitral tribunal to rule on its jurisdiction

(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitra­ tion clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceed­ ings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay jus­ tified.

(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of this

article either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in

article 6 to decide the maller, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.

Article 17. Power of arbitral tribunal to order interim measures Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitraltribunal may consider necessary in respect of the subject-matter of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with such measure.

CHAPTER V. CONDUCT OF ARBITRAL PROCEEDINGS

Article 18. Equal treatment of parties The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.

Article 19. Determination of rules or procedure

(1) Subject to the provisions of this Law, the parties are free to agree on the procedure to be followed by the arbitraltribunal in conducting the proceedings.

(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Law, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence. 8

CHAPTER 14 INTERNA TlONAL COMMERCIAL ARBITRATION ACT

Article 20. Place of arbitration

(1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the cir­ cumstances of the case, including the convenience of the parties.

(2) Notwithstanding the provisions of paragraph (1) of this article, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspec­ tion of goods, other property or documents.

Article 21. Commencement of arbitral proceedings Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitra­ tion is received by the respondent.

Article 22. Language

(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or lan­ guages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.

(2) The arbitraltribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

Article 23. Statements of claim and defence

(1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, un­ less the parties have otherwise agreed as to the required elements of such statements. The par­ ties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.

(2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal con­ siders it inappropriate to allow such amendment having regard to the delay in making it.

Article 24. Hearings and written proceedings

(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so.requested by a party.

(2) The parties shall be given sufficient advance notice of any hearing and of any meet­ ing of the arbitral tribunal for the purposes of inspection of goods, other property or docu­ ments. 9

INTERNA TlONAL COMMERCIAL ARBITRA TION ACT

CHAPTER 14

(3) All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Also any expert report or evidentiary document on which the arbitraI tribunal may rely in making its decision shall be communi­ cated to the parties.

Article 25. Default of a party Unless otherwise agreed by the parties, if, without showing sufficient cause, (

a) the claimant fails to communicate his statement of claim in accordance with

article 23(1), the arbitral tribunal shall terminate the proceedings; (

b) the respondent fails to communicate his statement of defence in accordance with

article 23(1), the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's al­ legations; (

c) any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.

Article 26. Expert appointed by arbitral tribunal

(1) Unless otherwise agreed by the parties, the arbitraltribunal (

a) may appoint one or more experts to report to it on specific issues to be deter­ mined by the arbitral tribunal; (

b) may require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.

(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in a hearing where the parties ~ave the opportunity to put questions to him and to present ex­ pert witnesses in order to testify on the points at issue.

Article 27. Court assistance in taking evidence The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of this State assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.

CHAPTER VI. MAKING OF AWARD AND TERMINATION OF PROCEEDINGS

Article 28. Rules applicable to substance of dispute

(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as direct­ ly referring to the substantive law of that State and not to its connict of laws rules. 10

CHAPTER 14 INTERNATIONAL COMMERCIAL ARBITRA TlON ACT

(2) Failing any designation by the parties, the arbitral tribunal shall apply the law deter­ mined by the conflict of laws rules which it considers applicable.

(3) The arbitral tribunal shall decide ex aequo et bono as or amiable compositeur only if the parties have expressly authorized it to do so.

(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the con­ tract and shall take into account the usages of the trade applicable to the transaction.

Article 29. Decision making by panel of arbitrators In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal. .

Article 30. Settlement

(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the ar­ bitral tribunal, record the settlement in the form of an arbitral award on agreed terms.

(2) An award on agreed terms shall be made in accordance with the provisions of

article 31 and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case.

Article 31. Form and contents of award

(1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signa­ ture is stated.

(2) The award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under

article 30.

(3) The award shall state its date and the place of arbitration as determined in accord­ ance with

article 20(1). The award shall be deemed to have been made at that place.

(4) After the award is made, a copy signed by the arbitrators in accordance with paragraph (1) of this

article shall be delivered to each party.

Article 32. Termination of proceedings

(1) The arbitral proceedings are terminated by the final award or by an order of the ar­ bitral tribunal in accordance with paragraph (2) of this article.

(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceed­ ings when (

a) the claimant withdraws his claim, unless the respondent objects thereto and the arbitraltribunal recognizes a legitimate interest on his

part in obtaining a final settlement of the dispute; (

b) the parties agree on the termination of the proceedings; 11

INTERNA TlONAL COMMERCIAL ARBITRA TlON ACT

CHAPTER 14 (

c) the arbilral lribunal finds that the continuation of the proccedings has for any other reason become unnecessary or impossible.

(3) The mandate of the arbitrallribunal terminates with the termination of the arbitral proceedings, subject to the provisions of articles 33 and 34(4).

Article 33. Correction and

interpretation or award; additional award

(1) Wilhin lhirty days of receipt of the award, unless another period of time has been agreed upon by the parties: (

a) a party, with notice to the olher party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographi­ cal errors or any errors of similar nature; (

b) if so agreed by the parties, a party, with notice to the other party, may re­ quest the arbitraltribunal to give an

interpretation of a specific point or part of the award. If the arbitral tribunal considers the request to be justified, it shall make the correction or give the

interpretation within thirty days of receipt of the request. The

interpretation shall form part of the award.

(2) The arbitral tribunal may correct any error of the type referred to in paragraph (1)(

a) of this

article on its own initiative within thirlY days of the date of the award.

(3) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within thirty days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If lhe arbitraltribunal considers the request to be justified, it shall make the additional award within sixty days.

(4) The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction,

interpretation or an additional award under paragraph (1) or (3) of this article.

(5) The provisions of

article 31 shall apply to a correction or

interpretation of the award or to an additional award.

CHAPTER VII. RECOURSE AGAINST AWARD

Article 34. Application ror setting aside as exclusive recourse against arbitral award

(1) Recourse to a court against an arbilral award may be made only by an applicalion for selling aside in accordance with paragraphs (2) and (3) of this article.

(2) An arbitral award may be set aside by the court specified in

article 6 only if: (

a) the party making the application furnishes proof that: (

i) a party to the arbitration agreement referred to in

article 7 was under some incapacilY; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thercon, under the law of this State; or 12

CHAPTER 14 INTERNA TlONAL COMMERCIAL ARBITRA TlON ACT (ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agree­ ment was in connict with a provision of this Law from which the par­ ties cannot derogate, or, failing such agreement, was not in accordance with this Law; or (

b) the court finds that: (

i) the subject-matter of the dispute is not capable of settlement byar­ bitration under the law of this State; or (ii) the award is in conflict with the public policy of this State.

(3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a re­ quest had been made under

article 33, from the date on which that request had been disposed of by the arbitral tribunal.

(4) The court, when asked to set aside an award, may, where appropriate and so re­ quested by a party, suspend the selling aside proceedings for a period oftime determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitraltribunal's opinion will eliminate the grounds for set­ ting aside.

CHAPTER VIII. RECOGNITION AND ENFORCEMENT OF AWARDS

Article 35. Recognition and enforcement

(1) An arbitral award, irrespective of the country in which it was made, shall be recog­ nized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this

article and of

article 36.

(2) The party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement referred to in

article 7 or a duly certilied copy thereof. If the award or agreement is not made in an official language of this State, the party shall supply a duly certified transla­ tion thereof into such language. 13

INTERNA TlONAL COMMERCIAL ARBITRATION ACT

CHAPTER 14

Article 36. Grounds for refusing recognition or enforcement

(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only: (

a) at the request ofthe party against whom it is invoked, ifthat party furnishes to the competent court where recognition or enforcement is sought proof that: (

i) a party to the arbitration agreement referred to in

article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or (ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceed­ ings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains dccisions on matters beyond the scope of the submission to arbitra­ tion, provided that, if the decisions on matters submitted to arbitra­ tion can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (

v) the award has not yct become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or (

b) if the court finds that: (

i) the subject-matter of the dispute is not capable of settlement byar­ bitration under the law of this State; or (ii) the recognition or enforcement of the award would be contrary to the public policy of this State.

(2) If an application for selling aside or suspension of an award has been made to a court referred to in paragraph (l)(a)(

v) of this article, the court where recognition or enforccment is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security. 14

CHAPTER 15

AN ACT TO AMEND THE LEGAL SERVICES SOCIETY ACT

CHAPTER 15 (RSY 1986, Supplement)

AN ACT TO AMEND THE LEGAL SERVICES SOCIETY ACT (enacted as SY 1986, c. 23, assented to on Dec. 18, 1986) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Legal Services Society Act. 2. In subsection 16(1), the expression "subject to the approval of the Commissioner in Executive Council" is substituted for the expression "subject to this Act". 1

CHAPTER 16

AN ACT TO AMEND THE LEGISLA TlVE ASSEMBL Y ACT AND THE LEGISLA TlVE ASSEMBL Y RETIREMENT ALLOWANCES ACT

CHAPTER 16 (RSY 1986, Supplement)

AN ACT TO AMEND THE LEGISLATIVE ASSEMBLY ACT AND THE LEGISLATIVE ASSEMBLY RETIREMENT ALLOWANCES ACT (enacted as SY 1987, c. 15, assented to on April 16, 1987) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: PART! LEGISLATIVE ASSEMBLY ACT 1. This Part amends the Legislative Assembly Act. 2.

(1) In subsections 39(1), (2) and (3), the figure "$24,512" is substituted for the figure "$22,854".

(2) In subsection 39(1) and (2), the figure "$12,256" is substituted for the figure "$11,427".

(3) In subsection 39(3), the figure "$10,701" is substituted for the figure "$8,979".

(4) The following subsection is added immediately after subsection 39(3): "

(3.1) The indemnities and expense allowances of members of the Legislative As­ sembly shall be adjusted on Aprill of each year after this subsection comes into force in accordance with the percentage change in the average annual Consumer Price Index for Canada over the previous two calendar years." 3.

(1) In paragraph 4O(l)(a), the figure "$7,420" is substituted for the figure "$6,678".

(2) In paragraph 4O(1)(b), the figure "$5,565" is substituted for the figure "$3,339".

(3) Paragraph 4O(1)(

c) is deleted. 4. In subsection 42(1), the figure "$8,236" is substituted for the figure "$5,565". 5.

(1) In subsection 43(1), the figure "$22,260" is substituted for the figure "$2,783".

(2) In subsection 43(2), the figure "$4,452" is substituted for the figure "$1,113". 6.

(1) In subsection 45(3), the figure "$8,800" is substituted for the figure "$4,400".

(2) In subsection 45(5), the figure "48" is substituted for the figure "24". 7.

(1) In subsection 46(1), 1

AN ACT TO AMEND THE LEGISLATIVE ASSEMBLY ACT AND THE LEGISLA TIVE ASSEMBL Y RETIREMENT ALLOWANCES ACT

CHAPTER 16 (

a) the expression "Notwithstanding subsections 45(1), 45(2) and 45(6)," is deleted, and (

b) the expression "section 45 or 47" is substituted for the expression "section 45".

(2) The following subsection is substituted for subsection 46(2): "

(2) Where a member is reimbursed under this

section the member is entitled to receive the amount certified to have been paid by him or her to the maximum prescribed by the Commissioner in Executive Council upon the recommen­ dation of the Members Services Board of the Legislative Assembly."

(3) In subsection 46(3), the figure "$4,400" is substituted for the figure "$2,200". 8.

(1) In subsection 47(2), the figure "$4,400" is substituted for the figure "$2,200".

(2) In subsection 47(4), the figure "24" is substituted for the wo~d "twelve". 9. The following

section is inserted immediately after

section 47: "47.1 A member may be paid an allowance in respect of travelling expenses for more than the number of return trips allowed by subsections 45(5) and 47(4), but the allowance for the excess trips must be deducted from the amount the member would otherwise be entitled to under subsections 45(2) and 47(1)." 10. The following

section is added immediately after

section 49: "49.1(1) In respect of travel within the Yukon in the performance oftheir parliamen­ tary duties as recognized leaders, the Government Leader, the Leader of the Official Opposition and the leader of a party receiving a salary pursuant to subsection 43(2) shall be paid an allowance for meals and incidental expen­ ses at the rate in force at the time for the public service, and shall be reim­ bursed for actual expenditures for accommodation.

(2) The maximum amount payable to a recognized leader under subsection (1) in each fiscal year is $2,200.

(3) A recognized leader who is absent from his or her normal place of residence under subsection (1) shall be paid an allowance in respect of travelling ex­ penses incurred at the rate in force at the time for the public service.

(4) An allowance may be paid to a recognized leader pursuant to subsection (3) in respect of not more than 12 return trips in each fiscal year." 11.

(1) Part 1 of this Act, except for

section 2, shall be deemed to have come into force on April 1, 1987.

(2) Section 2 of this Act shall be deemed to have come into force on April 1, 1986. 2

CHAPTER 16

AN ACT TO AMEND THE LEGISLA TlVE ASSEMBL Y ACT AND THE LEGISLA TlVE ASSEMBL Y RETIREMENT ALLOWANCES ACT

PART 2 LEGISLATIVE ASSEMBLY RETIREMENT ALLOWANCES ACT 12. This part amends the Legislative Assembly Retirement Allowances Act. 13. The following

section is substituted for

section 3: "3.

(1) In this section, "pensionable salary" means the average of the annual ag­ gregates of the member's salary, indemnity, and expense allowance in the three consecutive years of the member's service that produce the highest average.

(2) A person who has been a member for atlcast six years and who ceases to be a member is entitled for the rest of his or her life to an annual retirement al­ lowan.ce in an amount equal to two and one-half per cent of his or her pen­ sionable salary multiplied by the number of years of service as a member, payment of the allowance to commence when the person reaches 55 years of age.

(3) A person who is entitled to a retirement allowance under subsection (2) and who has reached 50 years of age may elect to receive the allowance in a reduced annual amount that, having regard to the person's life expectancy, is actuarially equivalent to the allowance the person would receive if no al­ lowance were to be paid until the person reaches 55 years of age." 14.

(1) In subsection 4(1), the expression "one year" is substituted for the expression "six years".

(2) In subsection 4(2), the expression "one year" is substituted for the expression "six years". 15. The following

section is added immediately after

section 5: "5.1(1) A severance allowance is payable to a member when that person ceases to be a member of the Legislative Assembly.

(2) The amount payable under this

section shall be 25 percent of the aggregate of the salary, indemnity, and expense allowance received by the member during the preceding year under the Legislative Assembly Act." 16. The following

section is substituted for

section 7: "7.

(1) Upon the recommendation of the Members Services Board of the Legisla­ tive Assembly, the Commissioner in Executive Council may make regulations (

a) adjusting the amounts payable as annual retirement allowances so that the change is in approximate parity with changes in the cost of living, Cb) providing for the payment of the annual retirement allowance through installments payable at intervals of less than one year, and (

c) for any other purpose necessary to give effect to this Act." 3

CHAPTER 17 LOTTERY LICENSING ACT

CHAPTER 17 (RSY 1986, Supplement) LOTTERY LICENSING ACT (enacted as SY 1987, c. 16, assented to on April 16, 1987) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows:

Interpretation 1. In this Act, "board" means the Yukon Lottery Licensing Board established under

section 2; "charitable organization" means an organization that does not carry on any business or activity for direct or indirect pecuniary gain to its members and whose sole or predominant ob­ jects or purposes and activities are (

a) relief of povcrty or disease, (

b) the advancement of education, (

c) the advancement of religion, or (

d) the advancement of any cultural, recreational, athletic, or other activity or program which is beneficial to a Yukon community; "lottery scheme" means a lottery scheme as defined in subsection 190(4) of the Criminal Code (Canada). Yukon Lottery Licencing Board 2.

(1) There shall be a Yukon Lottery Licensing Board consisting of three or more mem­ bers appointed by the Commissioner in Executive Council.

(2) The term of membership in the board is three years or such lesser term as the Com­ missioner in Executive Council may specify at the time of the appointment, and a member is eligible for reappointment.

(3) Where any member of the board is prevented, at any time for any reason from per­ forming his or her duties, the Commissioner in Executive Council may appoint a substitute member for a term, such term not to exceed the unexpired portion of the term of the member being replaced, as the Commissioner in Executive Council considers appropriate. Chairperson 3.

(1) The Commissioner in Executive Council shall appoint one of the members of the board to be the chairperson.

(2) The chairperson shall supervise and direct the work of the board and shall preside at all sittings of the board. 1

LOTTERY LICENSING ACT

CHAPTER 17

(3) Where the chairperson is unable, at any time for any reason to exercise the powers and perform the duties of that office, one of the other members shall act in the chairperson's place.

(4) The board shall meet at the call of the chairperson, who shall convene such meetings as the chairperson considers necessary for the conduct of the business of the board. Quorum 4.

(1) A majority of the members of the board is a quorum.

(2) A decision of the majority of the members present at a meeting of the board is a decision of the board.

(3) A vacancy in the membership of the board does not impair the right of other mem­ bers to act. Rules of procedure 5. The board may make rules of procedure consistent with this Act and the regulations respecting Licences (

a) the conduct of its meetings and business, (

b) the records to be kept in respect of the business of the board under this Act, (

c) the custody and provision of access to the records referred to in paragraph (b), and (

d) any other matter that is reasonably necessary and advisable for the effective and orderly conduct of the duties of the board. 6.

(1) Any charitable organization is eligible to receive a licence under subsection (2).

(2) The board may, upon application, issue a licence to a charitable organization to con­ duct a lottery scheme subject to the prescribed terms and conditions. Suspension or revocation of licence 7.

(1) The chairperson of the board may suspend or revoke a licence if the chairperson believes that this Act or any term or condition of a licence has not been complied with.

(2) Where the chairperson suspends or revokes a licence, the chairperson may require an officer of the charitable organization to deliver the licence to the board or a peace officer.

(3) Where the chairperson suspends or revokes a licence, the persons having charge of the related cash, negotiable instruments, tickets, documents and equipment shall, on demand of the chairperson, transfer all of those items to the board. Reasons for decisions of board 8.

(1) Where an application by a charitable organization for a licence to conduct a lot­ tery scheme has been reviewed by the board and the board has refused to issue a licence, the board shall, within 7 days, provide written reasons of the decision to the charitable organiza­ tion. 2

CHAPTER 17 LOTTERY LICENSING ACT Reporting 9. At the request of the Executive Council Member and at such other times as the board considers appropriate, the board shall make reports to the Executive Council Member respecting the business of the board. Support services and expenses 10.

(1) Subject to the Public Service Commission Act the Executive Council Member may make provision for a secretary and other administrative support services for the board.

(2) A member of the board may be paid transportation, accommodation and living ex­ penses incurred in connection with the performance of his or her duties as a member of the board away from his or her ordinary place of residence but, except as otherwise provided by the regulations, the payment of such expenses shall conform as nearly as possible in all respects to payment of such expenses for members of the public service of the Yukon. Regulations 11. Subject to the provisions of the Criminal Code (Canada), the Commissioner in Ex­ ecutive Council may make regulations respecting: (

a) the conduct and management of lottery schemes; (

b) the terms and conditions subject to which licences may be issued for lottery schemes; (

c) the purposes for which the profits of lottery schemes may be paid and the al­ location of profits for those purposes and in payment of expenses; (

d) any other matter necessar