Consolidated Ordinances of the Yukon Territory, 1958 — Ordinance respecting the Revised Ordinances of the Yukon Territory, 195; Orders in Council under the Yukon Act

Consol. Ord. 1958

Yukon — Historical Statutes

REVISED ORDINANCES OF THE YUI(ON TERRITORY 1958 Being a revision of the Consolidated Ordinances of the Yukon Territory, 1914, with the subsequent Public General Ordinances consolidated to the 31st day of December, 1958. Published and Proclaimed to come into operation on the 31st day of December, 1958, by Order of the Commissioner of the Yukon Territory pursuant to

Chapter 2 of the Ordinances of 1958 (2nd Session) . EDMOND CLOUTIER. C.M.G., O.A., D.S.P. QUEEN'S PRINTER AND CONTROLLER OF STATIONERY OTTAWA. 1958 REVISED ORDINANCES OF THE YUI(ON TERRITORY 1958 Being a revision of the Consolidated Ordinances of the Yukon Territory, 1914, with the subsequent Public General Ordinances consolidated to the 31st day of December, 1958. Published and Proclaimed to come into operation on the 31st day of December, 1958, by Order of the Commissioner of the Yukon Territory pursuant to

Chapter 2 of the Ordinances of 1958 (2nd Session) . EDMOND CLOUTIER. C.M.G., O.A., D.S.P. QUEEN'S PRINTER AND CONTROLLER OF STATIONERY OTTAWA. 1958

TABLE OF CONTENTS An Ordinance respecting the Revised Ordinances of the Yukon Territory, 1958

Schedule A-Revised Ordinances ........................................... .

CHAPTER

SHORT TITLE 1. Adoption .............................................................. . 2. Agisters and Livery Stable Keepers .................................. . 3. Amusement Tax 4. Annual Vacation ..................................................... . 5. Annuity Plan ......................................................... . 6. Arbitration ............................................................ . 7. Area Development .................................................... . 8. Assignment of Book Debts ........................................... . 9.

Bills of Sale .......................................................... . 10. Blasting ............................................................... . 11. Bulk Sales ............................................................ . 12. Business Licence ..................................................... . 13. Cemeteries and Burial Sites .......................................... . 14. Change of Name ..................................................... . 15. Chiropractic ........................................................... . 16. Choses in Action ..................................................... . 17.

Citizenship Instruction Agreement .................................... . 18. Collection ............................................................. . 19. Companies ............................................................ . 20. Conditional Sales .................................................... . 21. Contributory Negligence .............................................. . 22. Controverted Elections ............................................... . 23. Co-operative Associations ............................................. . 24. Coroners .............................................................. . 25.

Credit Unions ......................................................... . 26. Creditors Relief ....................................................... . 27. Curfew ............................................................... . 28. Defamation ........................................................... . 29. Dental Profession .................................................... . 30. Devolution of Real Property .......................................... . 31. Disabled Persons Allowance ........................................... . 32.

Distress v Page IX Xlll 5 7 10 15 17 25 27 33 49 55 62 67 77 83 89 91 92 97 244 250 252 258 287 307 327 343 344 350 356 361 364 TABLE OF CONTENTS An Ordinance respecting the Revised Ordinances of the Yukon Territory, 1958

Schedule A-Revised Ordinances ........................................... .

CHAPTER

Distress v Page IX Xlll 5 7 10 15 17 25 27 33 49 55 62 67 77 83 89 91 92 97 244 250 252 258 287 307 327 343 344 350 356 361 364

CHAPTER

SHORT TITLE PAGE 33. Dog 368 34. Elections ............................................................... 372 35. Employment Agencies 380 36. Engineering Profession' ....... : ; .. .' .................... ' .............. " . . . 381 37. Evidence ............................................................... 392 38. ~"emptions ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414 39. Factors , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 416 40.

Fatal Accidents ........................................................ 420 41. Ferries ............................. ' ..... ' ......................... , .... , 423 42. Financial Administration ..................... ,......................... 427 43. Financial Agreement ................................................... 438 44. Fire Investigation ..................................................... 441 45. Fire Prevention ........................................................ 442 46. Floral Emblem ........................................................ 458 47.

Forest Protection ................... '. . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . 459 48. Frustrated Contracts .................................................. , 467 49. Fur Export ..................................... , ..................... , 469 50. Game .............................................................. 474 51. Gara!!:e Keepers ........................................................ 500 52. Garnishee .............................................................. 505 53. Hospital Aid .......................................................... 510 54.

Hotel Keepers ......................................................... 513 55. Illegitimate Children ..................... :............................. 517 56. Insane Persons .................................. , ............ ,......... 522 57. Insurance ........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527 58.

Interpretation .......................................................... 604 59. Intestate Succession .................................................... 615 60. Judicature .......................... ,................................... 618 61. Jury ................................................................... 640 62. Labour Provision ...................................................... 651 63. Landlord and Tenant .................................................. 654 64. Legal Profession ....................................................... 678 65.

Legitimation ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688 66. Limitation of Actions ................................... , ............. . 689 67. Liquor ................................................................. 703 68, Maintenance .............................................. .. . . . . . . . . . . . . 731 69. Marriage ............................................................... 736 70. Married Women's Property ............................................ 759 71.

Masters and Servants .................................................. 761 72. Mechanics Lien ........................................................ 763 73. Medical Profession .................... , .................. , . . . . . . . . . . . . 774 74. Miners Lien ........................................................... 781 75. Mining Safety .........•................................................ 789 76. Motion Picture ......................................................... 802 77. Motor Vehicles 807 VI

CHAPTER

SHORT TITLE PAGE 78. Motor Vehicle Fuel Tax 865 79. Municipal .............................................................. 869 80. Newspaper ............................................................. 971 81. Noise Prevention ...................................................... 972 82. Old Age Assistance and Blind Persons Allowance ....................... 973 83. Optometry ............................................................. 977 84. Partnership .............................................. . . . . . . . . . . . . . . 982 85.

Pawn Brokers and Second-Hand Dealers .............................. 1000 86. Petroleum Products .................................................... 1003 87. Pharmaceutical Chemists ............................................... 1014 88. Police Magistrate's Courts ............................................. 1028 89. Poll Tax .............................................................. 1031 90. Pounds ................................................................. 1036 91. Protection of Children ................................................. 1040 92.

Public Health ......................................................... 1055 93. Public Printing ........................................................ 1063 94. Public Service .......................................................... 1064 95. Reciprocal Enforcement of Judgments .................................. 1072 96. Reciprocal Enforcement of Maintenance Orders ........................ 1075 97. Sale of Goods .......................................................... 1080 98. Saw Logs Driving ...................................................... 1097 99.

School ...... .. .. .. .. . .. . .. .. .. . .. . . . .. . .. .. .. .. .. . .. .. .. .. . . .. . . . .. . . .. 1102 100. Scientists and Explorers ............................................... 1135 101. Societies .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1137 102. Steam Boilers ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1152 103. Taxation ............................................................... 1161 104.

Tenants in Common ................................................... 1196 105. Trustee .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ............ 1197 106. Vital Statistics ......................................................... 1214 107. Vocational Training Agreements ....................................... 1242 108. Warehousemen's Lien .................................................. 1244 109. Wills ................................................................... 1248 110.

Woodmen's Lien ...................................................... 1256 111. Workmen's Compensation .............................................. 1264 112. Yukon 'Lands .......................................................... 1292

Schedule B-Ordinances and Portions of Ordinances Repealed ................ 1294 Appendix- List of Ordinances and Parts of Ordinances not Repealed and not Consolidated ....................................................... 1299 Yukon Act (Office Consolidation) .................................... 1309 Orders in Council under the Yukon Act Order establishing Oaths of Allegiance and Office and establishing the seat of Government in the Yukon Territory to be the City of Whitehorse ................................................. 1327 Order establishing the Yukon Archeological Sites Regulations ...... 1329 Order establishing the Seal of the Yukon Territory ................ 1332 vii

CHAPTER

CHAPTER 2 AN ORDINANCE RESPECTING THE REVISED ORDINANCES OF THE YUKON TERRITORY, 1958. (Assented to October 22, 1958) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. In this Ordinance, "Revised Ordinances" means the Re- "Revised vised Ordinances of the Yukon Territory, 1958, designated as ~;~~:~ces" such by

section 2. 2.

(1) Subject to this Ordinance, the Ordinances contained Confirmation in

Schedule A and the several sections and parts thereof, being ~r~~:~:! of comprised within chapters numbered consecutively 1 to 112, the Yukon shall be and are hereby declared to be law by the designation '[ger:tory, "Revised Ordinances of the Yukon Territory, 1958", to all intents and purposes as though the Ordinances therein con- tained and the several sections and parts thereof were ex- pressly embodied in and enacted by this Ordinance. (2) 11he Revised Ordinances shall come into operation and ~oming have effect as law as hereinbefore provided, on, from and after mto force. the 31st day of March, 1959 or such earlier day as may be fixed by order of the Commissioner. 3.

Subject as hereinafter provided, on, from and after the ~e~.eal of coming into operation of the Revised Ordinances, the Ordi- r mances. nances and portions of Ordinances set out in

Schedule Bare repealed to the extent mentioned in the fourth column of that Schedule. 4. The repeal of the Ordinances and portions of Ordinances Effect of set out in

Schedule B, as provided in

section 3, does not revive repeal. any Ordinance or provision of law repealed by any of them, nor does the repeal prevent the effect of any saving clause in any of those Ordinances or portions of Ordinances, or of the application of any of those Ordinances or portions of Ordi nances, or of any Ordinance or provision of law formerly in force, to any transaction, matter or thing anterior to the repeal to which they would otherwise apply. 5. The repeal of the Ordinances and portions of Ordinances Idem. set out in

Schedule B, as provided in

section 3, does not defeat, disturb, invalidate or affect (

a) any penalty, forfeiture or liability, civil or criminal, in- Penalties, curred prior to the time of the repeal, or any proceeding etc. for enforcing it, had, done, completed or pending at the time of the repeal; ix

section 2. 2.

(1) Subject to this Ordinance, the Ordinances contained Confirmation in

Subject as hereinafter provided, on, from and after the ~e~.eal of coming into operation of the Revised Ordinances, the Ordi- r mances. nances and portions of Ordinances set out in

Schedule Bare repealed to the extent mentioned in the fourth column of that Schedule. 4. The repeal of the Ordinances and portions of Ordinances Effect of set out in

Schedule B, as provided in

section 3, does not defeat, disturb, invalidate or affect (

Indictments, etc. Actions, etc. Arts, deeds, rights, etc. Offices, etc, (

b) any indictment, information, conviction, order, sentence or prosecution had, done, completed or pending at the time of the repeal; (

c) any action, suit, judgment, decree, certificate, execution, distress, process, order, rule or any proceeding, matter or thing whatsoever respecting it, had, pending, existing or in force at the time of the repeal; (

d) any act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-law, rule, order-in council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter or thing had, done, made, acquired, established or existing at the time of the repeal; (

e) any office, appointment, commission, salary, remunera tion, allowance, security or duty, or any matter or thing appertaining thereto at the time of the repeal; or Other matters. (

f) any other matter or thing whatsoever had, done, com pleted, existing or pending at the time of the repeal; and the same shall remain and continue as if the repeal had '. not taken place, and, so far as necessary, may and shall be . continued, prosecuted, enforced and proceeded with under the : Revised 'Ordinances and the other 'Ordinances and laws in force in the Territory, and, subject to the provisions of the several 'Ordinances and laws, as if the repeal had not taken place. Revised 6.

(1) The Revised 'Ordinances shall not be held to operate ~~~~~a~;:~ate as new laws, but shall be construed- and have effect as a con as new l.ws. ! solidation and as declaratory of the law as contained in the Operation to be effective RS if passed whep. repealed enactments came into force and effect. Construction where Revised Ordinances differ from repealed enactments. Construction of reference to provisions in repealed. Ordinances. 'Ordinances and portions of 'Ordinances so repealed, and for which the Reyised 'Ordinances are substituted.

(2) The various provisions of the Revised 'Ordinances cor responding to, and substituted for, the provisions of the 'Or dinances and portions of 'Ordinances so. repealed shall, where they are the same in effect as the 'Ordinances and portions of 'Ordinances so repealed, be held to operate retrospectively as well as prospectively and to have been enacted or to have become effective upon the days respectively upon which the 'Ordinances , and portions of 'Ordinances. so repealed came into effect or from which they were stated to be effective, as the case may be.

(3) If, upon any point, the provisions of the Revised 'Ordi nances are not in effect the same as those of the repealed 'Ordinances and portions of 'Ordinances for which they are substituted, then as respects all transactions, matters and things subsequent to the coming into operation of the Revised 'Ordi nances, the provisions contained in the Revised 'Ordinances shall prevail. but as respects all transactions, matters and things anterior to that time, the provisions of the repealed 'Ordinances r and portions of 'Ordinances shall prevail. 7.

A reference in any 'Ordinance enacted prior to the coming , into operation of the Revised 'Ordinances and remaining in force , after that time, or in any instrument or document, to any 'Ordi nance or portion of any 'Ordinance so repealed shall-, from and x Indictments, etc. Actions, etc. Arts, deeds, rights, etc. Offices, etc, (

b) any indictment, information, conviction, order, sentence or prosecution had, done, completed or pending at the time of the repeal; (

e) any office, appointment, commission, salary, remunera tion, allowance, security or duty, or any matter or thing appertaining thereto at the time of the repeal; or Other matters. (

after the coming into operation of the Revised Ordinances, be held as regards any transaction, matter or thing subsequent to that time to be a reference to the enactments in the Revised Ordinances having the same effect as the Ordinance or portion thereof so repealed. 8. The inclusion of any Ordinance in

Schedule B shall not be Effect of construed as a declarati"on that the Ordinance or any portion ~~~~~::ceof of it was or was not in force immediately prior to the coming in Schedule. into operation of the Revised Ordinances. 9. Copies of the Revised Ordinances purporting to be printed Copies of by the Queen's Printer of Canada shall be received as evidence ~,ri~,~:~n~~ of such Revised Ordinances in all courts and places whatsoever, Queen'. without further proof of any kind. :'~i~~!~~e~S 10. Except as otherwise provided in this Ordinance, the rules

Interpretation of construction and

interpretation set forth in the

Interpretation ?f ~'?958 Ordinance,

chapter 58 of the Revised Ordinances of the Yukon a~d 'this Territory, 1958, apply to the Revised Ordinances and to this Ordinance. Ordinance. 11. Any Ordinance comprised in the Revised Ordinances may iitatio; of be cited or referred to in any Ordinance or proceedings either O;~:~:nces. by its title as an Ordinance or its

short title as indicated therein, or by its title as an Ordinance or its

short title as indicated therein together with the expression "·chapter ..... of the Revised Ordinances of the Yukon Territory, 1958". 12. A copy of this Ordinance may be priIlJ;ed and bound in Puhli('ation the volume published by the Queen's Printer of Canada and ~r~li~:Dce. containing the Revised Ordinances, in addition to being printed, bound and published with the Ordinances enacted at the session of the Council during which this Ordinance is enacted. 13. The Commissioner may cause to be printed and bound Publication in the volume containing the Revised Ordinances, an appendix of d' containing apren IX. (

a) a list of Ordinances and portions of Ordinances not repealed and not consolidated; (

b) an office consolidation of the Yukon Act,

chapter 53 of the Statutes of Canada, 1952-53, consolidated to the 1st day of October, 1958; and (

c) any Orders in Councilor regulations made under the authority of the Yukon Act. XI after the coming into operation of the Revised Ordinances, be held as regards any transaction, matter or thing subsequent to that time to be a reference to the enactments in the Revised Ordinances having the same effect as the Ordinance or portion thereof so repealed. 8. The inclusion of any Ordinance in

Interpretation of construction and

interpretation set forth in the

Interpretation ?f ~'?958 Ordinance,

short title as indicated therein, or by its title as an Ordinance or its

a) a list of Ordinances and portions of Ordinances not repealed and not consolidated; (

b) an office consolidation of the Yukon Act,

chapter 53 of the Statutes of Canada, 1952-53, consolidated to the 1st day of October, 1958; and (

c) any Orders in Councilor regulations made under the authority of the Yukon Act. XI

SCHEDULE A REVISED ORDINANCES OF THE YUKON TERRITORY, 1958

Adoption.

CHAPTER 1. AN ORDINANCE RESPECTING THE ADOPTION OF CHILDREN.

SHORT TITLE. Chap. I. l. This Ordinance may be cited as the Adoption Ordinance.

Short Title.

INTERPRETATION. 2. In this Ordinance, "unmarried minor" means a child who Definition of has never been married and is under the age of twenty-one ~u=~~ried years. ADOPTION. 3.

(1) A husband and wife each of whom is over the age By husband of twenty-five years may apply jointly to a judge for leave and wife. to adopt an unmarried minor as their child.

(2) A widow or widower over the age of twenty-five years By widow or may apply to a judge for leave to adopt an unmarried minor widower. as his or her child if such unmarried minor was living in the home of the applicant preceding the date of death of the husband or wife of the applicant, as the case may be, but if the unmarried minor was not living in the home of the applicant prior to the death of the husband or wife of the applicant, then the applicant may only apply for leave to adopt an unmarried minor of the same sex as the applicant and who has attained the age of at least eight years and has been maintained for at least two years in the applicant's home as a member thereof.

(3) A single person over the age of twenty-five years may Single person. apply to a judge for leave to adopt an unmarried minor as his or her child if the unmarried minor is of the same sex as the applicant and has attained the age of at least eight years, and has been maintained for at least two years in the applicant's home as a member thereof.

(4) A judge may, where by reason of blood relationship or Otbercas ... other special circumstances he considers it to be in the best interests of the unmarried minor sought to be adopted, permit an application for adoption to be made in any case not otherwise provided for in this Ordinance. 4.

(1) Every application under

section 3 shall be in writing Form of and shall contain application. (

a) the name, age and sex of the applicant; (

b) the religious affiliation of the applicant; 1 57928-4-1 Adoption.

CHAPTER 1. AN ORDINANCE RESPECTING THE ADOPTION OF CHILDREN.

SHORT TITLE. Chap. I. l. This Ordinance may be cited as the Adoption Ordinance.

Short Title.

INTERPRETATION. 2. In this Ordinance, "unmarried minor" means a child who Definition of has never been married and is under the age of twenty-one ~u=~~ried years. ADOPTION. 3.

(1) A husband and wife each of whom is over the age By husband of twenty-five years may apply jointly to a judge for leave and wife. to adopt an unmarried minor as their child.

(1) Every application under

section 3 shall be in writing Form of and shall contain application. (

a) the name, age and sex of the applicant; (

b) the religious affiliation of the applicant; 1 57928-4-1

Chap. 1. Health Certificate. Praofof marriage or death. Consent of child. Conseot of parents, etc. Consenting person not debarred. 'Vhere consent not required. Adoption. (

c) the average yearly income of the applicant for the pre ceding five years; (

d) the reason for making the application; (

e) the name, age, sex and religious affiliation of the unmarried minor; and (

f) a statement that the applicant has lived in the Territory for a period of one year immediately preceding the date of the application.

(2) A health certificate from a duly qualified medical prac titioner stating that he has examined the physical and mental condition of the applicant and is of opinion that the applicant is not a mental defective and is not suffering from mental illness nor from a communicable disease shall accompany the applica tion.

(3) The application shall be accompanied by proof of mar riage where the applicants are husband and wife or by proof of the death of the deceased spouse where the applicant is a widow or widower. 5. Where the unmarried minor sought to be adopted has attained the age of twelve years or more, his consent in writing shall accompany the application. 6.

(1) An application for the adoption of an unmarried minor shall be accompanied by the consent in writing of (

a) each of his parents or the surviving parent; (

b) where he has neither living parents nor parents who can consent, his guardian or other person, if any, having law ful custody of him; (

c) the parent by adoption if he has been previously adopted; or (

d) the mother only, if the child was born out of wedlock, notwithstanding that she may be under the age of twenty one years.

(2) A person whose consent is required under subsection (1) is not thereby debarred from being the applicant for adoption. 7. The consent of an unmarried minor under

section 5 or of any of the persons named in

section 6 is not required where (

a) such person has been ·certified or found to be a mentally defective or mentally ill person; (

b) the parents or guardian of the unmarried minor, as the case may be, are deceased or have deserted him; (

c) the unmarried minor has been in the home of the applicant for more than seven years and his parents or guardian have not in that time maintained him; or (

d) the judge for reasons that appear to him sufficient dispenses with such consent. 2 Chap. 1. Health Certificate. Praofof marriage or death. Consent of child. Conseot of parents, etc. Consenting person not debarred. 'Vhere consent not required. Adoption. (

c) the average yearly income of the applicant for the pre ceding five years; (

d) the reason for making the application; (

e) the name, age, sex and religious affiliation of the unmarried minor; and (

f) a statement that the applicant has lived in the Territory for a period of one year immediately preceding the date of the application.

(1) An application for the adoption of an unmarried minor shall be accompanied by the consent in writing of (

a) each of his parents or the surviving parent; (

b) where he has neither living parents nor parents who can consent, his guardian or other person, if any, having law ful custody of him; (

c) the parent by adoption if he has been previously adopted; or (

d) the mother only, if the child was born out of wedlock, notwithstanding that she may be under the age of twenty one years.

(2) A person whose consent is required under subsection (1) is not thereby debarred from being the applicant for adoption. 7. The consent of an unmarried minor under

section 5 or of any of the persons named in

section 6 is not required where (

a) such person has been ·certified or found to be a mentally defective or mentally ill person; (

b) the parents or guardian of the unmarried minor, as the case may be, are deceased or have deserted him; (

c) the unmarried minor has been in the home of the applicant for more than seven years and his parents or guardian have not in that time maintained him; or (

d) the judge for reasons that appear to him sufficient dispenses with such consent. 2

Adoption. Chap. 1. 8.

(1) Upon receipt of the application the judge shall cause Order. for an inquiry to be made into the suitability of the applicant and adoptIon. the history of the unmarried minor and, if satisfied, may make an order for the adoption of the unmarried minor.

(2) An order under subsection (1) has the effect of Effect. (

a) divesting the natural parent, guardian or person in whose custody the unmarried minor has been, of all legal rights in respect of him and freeing such person from all legal obligations and duties as to the maintenance of the unmar- ried minor; (

b) making the unmarried minor, for the purposes of the custody of the person and rights of obedience, to all intents and purposes the child of the adopting parent; and (

c) giving the unmarried minor the same right to any claim for nurture, maintenance and education upon his adopting parent as he would have had were the adopting parent his natural parent.

(3) In and by the adoption order the judge may in his dis- Name. cretion give to the adopted child the surname of his adopting parent and change his Christian name or names, giving the child such Christian name or names as the adopting parent may desire, and in such event the child is thenceforth entitled to be known by the surname of the adopting parent and the Christian name or names so given.

(4) The fact that the child was born out of wedlock shall in Btm out no case appear upon the adoption order. 0 wedlock.

(5) No appeal lies from the adoption order made by a judge or Ap!,eel and from his decision to refuse the granting of an adoption order but, revtew. upon application made at any time by any person aggrieved by such order or by such refusal, a judge has power to review the matter and to hear new evidence and to give any judgment and make any order that ought to have been made and to make such further or other order as the case may require.

(6) Two certified copies of each adoption order shall be sent ~piest t:, to the Registrar of Vital Statistics for the Territory. R.:;:trar. 9. In considering an application for adoption or upon reviewing Attt:"d~ce an adoption order, a judge may require the attendance of the a earmg. applicant and of any other person thought to have knowledge of any pertinent fact and the production of all relevant documents. 10.

No adoption order shall be made unless the religion of the Religion. child is the same as that of the applicant or one of the applicants or unless the person whose consent is required under sections 5 and 6 has requested otherwise in writing. 11. No adoption order shall be made where the applicant has Re",:idPt °t~ . d· h· d consl era Ion. received or agree to receive or any person as gIven or agree to give any payment or other consideration for the adoption. 3 Adoption. Chap. 1. 8.

(2) An order under subsection (1) has the effect of Effect. (

b) making the unmarried minor, for the purposes of the custody of the person and rights of obedience, to all intents and purposes the child of the adopting parent; and (

c) giving the unmarried minor the same right to any claim for nurture, maintenance and education upon his adopting parent as he would have had were the adopting parent his natural parent.

(4) The fact that the child was born out of wedlock shall in Btm out no case appear upon the adoption order. 0 wedlock.

Chap. I. Right of succession to property. Succession of deceased adoptoo child. R{'tention of right to in herit from natural parents. Use of word "child", Person adopted elsewhere. Effect on previous adoption. Regulations. Adoption. 12.

(1) A person who has been adopted under this Ordinance has the same rights of succession to property from or through his adopting parent as though born to such parent in lawful wedlock on the date of the order of adoption.

(2) Where a person who has been adopted under this Ordinance dies intestate, his property shall be distributed in the same manner as though born to his adopting parent in lawful wedlock.

(3) Where a person is adopted he does not lose his right to inherit from his natural parents or kindred. 13. The word "child" or its equivalent in any instrument includes an adopted child unless the contrary plainly appears by the terms of the instrument. 14. A person who has been adopted in accordance with the laws of any of the provinces of Canada is, upon proof of the adoption, entitled to the same rights of succession to property as he would have had if he had been adopted under this Ordinance. 15.

Where an unmarried minor has been previously adopted, a subsequent adoption shall determine all the legal consequences of the former order of adoption except in so far as any interest in property may have vested in such unmarried minor. REGULATIONS. 16. The Commissioner may make regulations (

a) for the recording of all orders of adoption made under this Ordinance subject to the Vital Statistics Ordinance; (

b) respecting the procedure to be followed upon an applica tion for an order of 'adoption; (

c) fixing the fees, costs, charges and expenses payable on proceedings under this Ordinance and for dispensing with the payment of such fees, costs, charges and expenses where owing to lack of means or any other reason a judge deems such action advisable; (

d) for the appointment of local or other assistants to judges in the investigation of applications for adoption; (

e) prescribing the forms to be used in carrying out the pro visions of this Ordinance; and (

f) generally for better carrying out the provisions of this Ordinance. 4 Chap. I. Right of succession to property. Succession of deceased adoptoo child. R{'tention of right to in herit from natural parents. Use of word "child", Person adopted elsewhere. Effect on previous adoption. Regulations. Adoption. 12.

(2) Where a person who has been adopted under this Ordinance dies intestate, his property shall be distributed in the same manner as though born to his adopting parent in lawful wedlock.

a) for the recording of all orders of adoption made under this Ordinance subject to the Vital Statistics Ordinance; (

b) respecting the procedure to be followed upon an applica tion for an order of 'adoption; (

d) for the appointment of local or other assistants to judges in the investigation of applications for adoption; (

e) prescribing the forms to be used in carrying out the pro visions of this Ordinance; and (

f) generally for better carrying out the provisions of this Ordinance. 4

Agisters and Livery Stable Keepers.

CHAPTER 2. AN ORDINANCE RESPECTING AGISTERS AND KEEPERS OF LIVERY, BOARDING AND SALES STABLES.

SHORT TITLE. Chap. 2. 1. This Ordinance may be cited as the Agisters and Livery

Short Title. Stable Keepers Ordinance.

INTERPRETATION.

Definitions. 2.

In this Ordinance, (a) "agister" means a person other than a livery, boarding or "Agister." sales stable keeper who, for a money consideration or its equivalent, feeds, grazes, stables, boards or cares for animals; (b) "boarding stable keeper" means a person who, for a money :~~~~;ding consideration or its equivalent, stables, boards or cares for keeper." animals; (c) "livery stable keeper" means a person who for a money :'~~:ry consideration or the equivalent thereof carries on the keeper." business of letting or hiring out carriages, sleighs or other vehicles, or horses or other animals, whether with or without vehicles, and whether accompanied by an employee of the livery stable keeper or not; and "Sales stable (d) "sales stable keeper" means a person who stables, boards keeper." or cares for animals other than his own, with the intention of selling or disposing of the same, and who receives or is to receive payment for such services whether in the nature of a commission or otherwise. 3.

Every agister, livery stable, boarding stable or sales stable Li~DS Ion I keeper has a lien on the animals and articles hereinafter in this :~~~:..S an,

section mentioned for the value or price of food, care, attendance or accommodation furnished for such animals or articles and in addition to all other remedies provided by law may detain in his custody and possession any animal, vehicle, harness furnishings or other gear appertaining thereto and the personal effects of any person who is indebted to him for feeding, grazing, stabling, boarding or caring for such animal. 4.

(1) Every agister, livery stable, boarding stable or sales Animals and stable keeper who has exercised a right of detention under this ~~::ed and Ordinance shall keep in his possession and be responsible for the sold. proper care of any animal or

article detained by him for the full period of such detention, unless they are sooner released. 5 Agisters and Livery Stable Keepers.

CHAPTER 2. AN ORDINANCE RESPECTING AGISTERS AND KEEPERS OF LIVERY, BOARDING AND SALES STABLES.

SHORT TITLE. Chap. 2. 1. This Ordinance may be cited as the Agisters and Livery

Short Title. Stable Keepers Ordinance.

INTERPRETATION.

Definitions. 2.

Every agister, livery stable, boarding stable or sales stable Li~DS Ion I keeper has a lien on the animals and articles hereinafter in this :~~~:..S an,

article detained by him for the full period of such detention, unless they are sooner released. 5

Chap. 2. Application of proceeds of sale. Balance of proceeds of sale. Copy of this Ordinance to be posted up. Stables to be cleansed and disinfected. Penalty. Agisters and Livery Stable Keepers.

(2) Where the owner does not reclaim the animals and articles detained under this Ordinance by paying the indebtedness in respect thereof within one month from the day they were so detained, the person detaining them may sell or cause them to be sold by public auction on giving two weeks' notice of sale by advertisement in the newspaper published nearest to the place ",here the animals and articles are detained, or, if more news papers than one are published in the same locality, then in any one of such newspapers, and by posting notices of the intended sale in the nearest post office and in the stable or, in the case of an agister, at the place where the animals and articles are cletained, stating, if known, (

a) the names of the owner and the person who brought the animals or articles to the stable or other premises; (

b) the amount of indebtedness and charges for detention; (

c) a description of the animals and articles; and (

d) the name of the seller. 5. The proceeds derived from the sale shall be applied first in paying the expenses incurred by the detention, advertising and sale, then the debt for which the detention was made, and the surplus, if any, shall on application be paid to the person entitled thereto. 6.

In case the owner does not apply for the same within one month from the day of sale, the surplus shall be handed over to the Territorial Treasurer to be kept by him in a special trust account for one year, after which time if the owner does not appear or claim the amount so kept it shall be paid into and form part of the Yukon Consolidated Revenue Fund. 7. Every livery stable, boarding stable and sales stable keeper shall have a copy of this Ordinance hung or posted in a con spicuous place in every stable kept by him and in default of compliance with this

section he is not entitled to the benefit of this Ordinance. 8. Every livery stable, boarding stable and sales stable keeper in the Territory shall in each and every year in the months of April and October thoroughly cleanse all the stalls, mangers and feed boxes in every stable kept by him by thoroughly washing the same with soap and hot water and immediately afterwards thoroughly applying to every part of the same a solution of bichloride of mercury in the following proportions, namely, one half drachm to one gallon of water. 9. Every person who contravenes or fails to comply with sec tion 8 of this Ordinance is guilty of an offence and liable on

summary conviction to a fine of not more than ten dollars for the first offence and not more than twenty-five dollars for each subsequent offence. 6 Chap. 2. Application of proceeds of sale. Balance of proceeds of sale. Copy of this Ordinance to be posted up. Stables to be cleansed and disinfected. Penalty. Agisters and Livery Stable Keepers.

a) the names of the owner and the person who brought the animals or articles to the stable or other premises; (

b) the amount of indebtedness and charges for detention; (

c) a description of the animals and articles; and (

summary conviction to a fine of not more than ten dollars for the first offence and not more than twenty-five dollars for each subsequent offence. 6

Amusement Tax.

CHAPTER 3. AN ORDINANCE TO PROVIDE FOR THE IMPOSITION AND COLLECTION OF A TAX ON PERSONS ATTENDING PLACES OF AMUSEMENT.

SHORT TITLE. Chap. 3. 1. This Ordinance may be cited as the Amusement Tax

Short Title. Ordinance.

INTERPRETATION. 2. In this Ordinance, (a) "performance" includes entertainment and dance; (b) "place of amusement" includes (

i) a theatre, motion picture theatre, open air theatre, amusement-hall, concert-hall, auditorium, music hall, circus, menagerie, racecourse, baseball park, athletic park, amusement park, skating rink, dancinp; hall, dancing pavilion, (ii) a hotel, restaurant or cafe in which facilities arc SUjJ plied for and used by the public for dancing, (iii) any other place where a performance is given and a fee is charged or collected, and (iv) such other places as may be declared to be places of amusement by the Commissioner, and published in the Yukon Gazette; and (c) "tax" means the tax imposed by this Ordinance. AMUSEMENT TAX.

Definitions. "Pcrforlll- nnce," "Place of 8mU~E'lllCllt. 0, "Tax." Tax pay. hI •. 3.

(1) A person who attends a performance at a place of amusement shall, upon being admitted thereto, pay a tax equal to ten per cent of the price of admission.

(2) A person who attends a performancc at a place of alllUSC- ;'~~o~·h .... ment and is admitted thereto by season ticket, pass, or compli- ticket, mentary ticket shall, upon being admitted thereto, pay the tax pass, etc. as fixed in respect of the regular price of admission.

(3) Where no entrance fee is charged, or where a nominal fee Tax where I . h d f d" t 1ft d' no entrance on y IS C arge or a mIssIOn 0 a pace 0 amusemen an In fee. lieu of or in addition to the entrance fee a table or cover charge is collected, a person who attends a performance at such a place of amusement shall pay a tax equal to ten per cent of all entrance fees, table and cover charge collected. 7 Amusement Tax.

CHAPTER 3. AN ORDINANCE TO PROVIDE FOR THE IMPOSITION AND COLLECTION OF A TAX ON PERSONS ATTENDING PLACES OF AMUSEMENT.

SHORT TITLE. Chap. 3. 1. This Ordinance may be cited as the Amusement Tax

Short Title. Ordinance.

INTERPRETATION. 2. In this Ordinance, (a) "performance" includes entertainment and dance; (b) "place of amusement" includes (

Definitions. "Pcrforlll- nnce," "Place of 8mU~E'lllCllt. 0, "Tax." Tax pay. hI •. 3.

(1) A person who attends a performance at a place of amusement shall, upon being admitted thereto, pay a tax equal to ten per cent of the price of admission.

Chap. 3. Who to collect tax. Commission for collecting tax. Exemptions from tax. Exception where place of amusement within fair. Exception where race meeting within fair. Except.ion where perfermer for gain. Exemption pennits. Form. Power of Commissioner. Amusement Tax. 4.

(1) A person who sponsors a performance shall collect the tax.

(2) Out of the Yukon Consolidated Revenue Fund, the Com missioner may pay a commission fixed by the Commissioner to any person who collects the tax. 5.

(1) Except as provided in this section, no tax shall be collected at any of the following performances or places of amusement: (

a) a fair or exhibition held by a society or association incor porated under an Ordinance where the receipts from entrance fees charged or collected in respect of the fair or exhibition, after payment of the necessary expenses of the fair or exhibition, are used exclusively for the purpose of the society or association; (

b) amateur athletics or games; (

e) lectures of an educational nature; (

d) chatauquas and musical performances at which the per formers and artists are residents of the Territory; (

e) exhibitions of paintings and works of art; and (

f) skating rinks, roller skating rinks, covered hockey rinks, ice carnivals and parks or fields used for athletics, base balL football or other outdoor games.

(2) Where, as a part of or in connection with a fair or exhibi tion mentioned in paragraph (

a) of subsection (1), a place of amusement is operated or a performance given in respect of which an entrance fee is collected or charged separately from the fee charged for general admission to the fair or exhibition, a tax shall be collected.

(3) Where a race meeting is held upon a race course operated as a part of or in connection with a fair or exhibition of a kind mentioned in paragraph (

a) of subsection (1), a tax shall be collected.

(4) Paragraphs (b), (e), (

d) and (

f) of subsection (1) do not apply to a performance in which one of the performers performs in such performance for a livelihood or for gain or remuneration. 6.

(1) The Commissioner or any person authorized by him in writing to do so may, by permit in writing, exempt from this Ordinance any performance, the proceeds of which enure to the benefit of charitable or patriotic institutions, societies or organi zations and no part of the net proceeds enures to the benefit of any private stockholder or individual.

(2) Permits under this

section shall be in such form and sub ject to such terms and conditions as the Commissioner directs. 8 Chap. 3. Who to collect tax. Commission for collecting tax. Exemptions from tax. Exception where place of amusement within fair. Exception where race meeting within fair. Except.ion where perfermer for gain. Exemption pennits. Form. Power of Commissioner. Amusement Tax. 4.

(1) A person who sponsors a performance shall collect the tax.

(2) Out of the Yukon Consolidated Revenue Fund, the Com missioner may pay a commission fixed by the Commissioner to any person who collects the tax. 5.

(1) Except as provided in this section, no tax shall be collected at any of the following performances or places of amusement: (

b) amateur athletics or games; (

e) lectures of an educational nature; (

d) chatauquas and musical performances at which the per formers and artists are residents of the Territory; (

e) exhibitions of paintings and works of art; and (

f) skating rinks, roller skating rinks, covered hockey rinks, ice carnivals and parks or fields used for athletics, base balL football or other outdoor games.

(2) Where, as a part of or in connection with a fair or exhibi tion mentioned in paragraph (

(3) Where a race meeting is held upon a race course operated as a part of or in connection with a fair or exhibition of a kind mentioned in paragraph (

a) of subsection (1), a tax shall be collected.

(4) Paragraphs (b), (e), (

d) and (

f) of subsection (1) do not apply to a performance in which one of the performers performs in such performance for a livelihood or for gain or remuneration. 6.

(2) Permits under this

section shall be in such form and sub ject to such terms and conditions as the Commissioner directs. 8

Amusement Tax. 7. The Commissioner may, (

a) increase the tax payable at any class of places of amuse ment to an amount not exceeding twenty-five cents on each admission; and (

b) exclude any class of amusement from the operation of this ordinance. Chap. 3. 8. The Territorial Treasurer is ,charged with the enforcement Territorial of this Ordinance and he shall comply with any directions given -;::oo.:c';.'er to by the Commissioner. Ordinance. 9. Every person authorized by the Commissioner may enter Powers of any place of amusement to ascertain if this Ordinance is com- inspection. plied with. 10. The Commissioner may make regulations for carrying out Regulations, the purposes and provisions of this Ordinance, and may, without limiting the generality of the foregoing, make regulations (

a) declaring places of amusement in addition to those men tioned in

section 2, and defining any place of amusement mentioned in that section; (

b) providing that the tax be collected by means of tickets supplied or approved by the Commissioner and prescribing the form of the tickets; (

c) requiring the owner of a place of amusement or the person conducting or managing a performance to display notices showing the price of admission thereto, the tax payable, and the form and manner of displaying the notices; (

d) prescribing the records and reports to be made or kept by an owner of a place of amusement, and their auditing and inspection; and (

e) prescribing the times and manners of the accounting for, depositing and payment over by a person of any tax collected by him. 11.

(1) Where a licensee of a motion picture theatre collects Suspension tax in respect of persons attending a performance at such theatre of ~cence of and fails to account for, or pay over the tax in the time and ::~t:~ manner prescribed by the regulations, the Commissioner or a lio,ensee for person authorized by him, may suspend the licence of the !~;:"":tc~O pay licensee.

(2) On payment in full by the licensee of the tax collected, Revocation without deduction for commission, the Commissioner or a person of suspensIOn. authorized by him may revoke the suspension of the licence and reinstate the rights of the licensee thereunder. 12. A person who violates any provision of this Ordinance or Offence and the regulations is guilty of an offence and liable upon

summary penalty. conviction to a fine or not more than two hundred dollars. 9 57928-4-2 Amusement Tax. 7. The Commissioner may, (

a) increase the tax payable at any class of places of amuse ment to an amount not exceeding twenty-five cents on each admission; and (

a) declaring places of amusement in addition to those men tioned in

section 2, and defining any place of amusement mentioned in that section; (

b) providing that the tax be collected by means of tickets supplied or approved by the Commissioner and prescribing the form of the tickets; (

d) prescribing the records and reports to be made or kept by an owner of a place of amusement, and their auditing and inspection; and (

e) prescribing the times and manners of the accounting for, depositing and payment over by a person of any tax collected by him. 11.

summary penalty. conviction to a fine or not more than two hundred dollars. 9 57928-4-2

Chap. 4. Annual Vacations.

CHAPTER 4. AN ORDINANCE TO PROVIDE FOR ANNUAL VACATIONS WITH PAY FOR EMPLOYEES.

SHORT TITLE.

Short Title. 1. This Ordinance may be cited as the Annual Vacations

Definitions. "Employee. " "Employer. " ·'Holiday." "Total wage." Ordinance.

INTERPRETATION. 2. In this Ordinance, (a) "employee" means a person who is in receipt of or entitled to any remuneration for labour or services performed for another; (b) "employer" means any person, firm or corporation employ ing one or more employees, and includes every agent, manager, representative, contractor, subcontractor or prin cipal and every other person who (

i) has control or direction of one or more employees, or (ii) is responsible, directly or indirectly, in whole or in part, for the payment of wages to, or the receipt of wages by, one or more employees; (c) "holiday" means any day for which an employee is entitled under any law, custom or agreement or under his contract of service to be paid wages without being present at work; (d) "total wage", in respect of any period of employment of an employee, means all remuneration which the employee is paid or is entitled to be paid by his employer, whether or not payment is actually made during that period of employment, in respect of the la;bour or service which he performs for his employer during that period of employ ment and includes (

i) sums deducted from the said remuneration for any purpose whatever; (ii) remuneration which the employee is paid or is entitled to be paid by his employer whether or not payment is actually made during that period of employment, in respect of any annual vacation or holiday that his employer permits him to take during that period of employment; and (iii) the cash value of any board or lodging provided by his employer during that period of employment, being (

A) the amount that is actually deducted from the wages of the employee by his employer for that board or lodging under the authority of any contract or agreement, or 10 Chap. 4. Annual Vacations.

CHAPTER 4. AN ORDINANCE TO PROVIDE FOR ANNUAL VACATIONS WITH PAY FOR EMPLOYEES.

SHORT TITLE.

Short Title. 1. This Ordinance may be cited as the Annual Vacations

Definitions. "Employee. " "Employer. " ·'Holiday." "Total wage." Ordinance.

A) the amount that is actually deducted from the wages of the employee by his employer for that board or lodging under the authority of any contract or agreement, or 10

Annual Vacations. (

B) if no such contract or agreement exists, four dollars per week for board and one dollar and fifty cents per week for lodging, but does not include any bonus, incentive pay, overtime payor shift differential; and Chap. 4. (e) "vacation wage" in respect of any period of employment "Vacation of an employee, means one twenty-sixth of the employee's wage." total wage for that period of employment. APPLICATION. 3. This Ordinance does not apply to Application. (

a) employees employed in any undertaking in which only members of the employer's family are employed; and (

b) employees employed in domestic service in a private residence. ENTITLEMENT. 4. Every employee is entitled after each year of his employ- Employee ment with any employer to an annual vacation of two weeks. !~~~!7:n.to 5. Where an employee is entitled to an annual vacation under Va~ation

section 4, the employer peflods. (

a) may permit the employee to take such annual vacation in one period of two weeks or in two periods of one week, and (

b) shall permit the employee to take the entire annual vaca- tion to which he is entitled within ten months after the date on which he becomes entitled to it. 6.

(1) Every employee who is permitted by his employer to Vacation take an annual vacation under

section 5 shall be paid by his wage. employer in respect of that annual vacation his vacation wage for the year immediately preceding the date on which he becomes entitled to that annual vacation as provided in this section.

(2) Where an employee is permitted by his employer to take Idem. his annual vacation in one period of two weeks, the vacation wage referred to in subsection (1) shall be paid to him in full by his employer not later than the day immediately preceding the commencement of his annual vacation.

(3) Where an employee is permitted by his employer to take Idem. his annual vacation in two periods of one week, one-half of the vacation wage referred to in subsection (1) shall be paid to him not later than the day immediately preceding the commence ment of each of the two periods. 7.

Where any holiday occurs during the period of any annual Holiday vacation that an employee has been permitted by his employer ~~~'t.:flDg to take under this Ordinance, the period of the annual vacation vacatfon. shall be increased by one working day and the employee shall be paid by his employer, in addition to the vacation wage which he is entitled to be paid on account of that annual vacation, the wages that he is entitled to be paid for the holiday. 11 57928-4-21 Annual Vacations. (

a) employees employed in any undertaking in which only members of the employer's family are employed; and (

section 4, the employer peflods. (

a) may permit the employee to take such annual vacation in one period of two weeks or in two periods of one week, and (

b) shall permit the employee to take the entire annual vaca- tion to which he is entitled within ten months after the date on which he becomes entitled to it. 6.

(1) Every employee who is permitted by his employer to Vacation take an annual vacation under

Chap. 4. Payment of vacation pay on termination of employ ment. Employer Dot to discriminate against employee. Employer to keep Ordinance posted. Employer to keep record of employees. Annual Vacations. 8.

Where the employment of an employee with an employer is terminated at any time after the expiration of thirty days from the date of the commencement of the employment, the employer shall forthwith pay to him, in addition to all other amounts due to him, his vacation wage for his period of employ ment with that employer, but if the employee has at any time been permitted by that employer to take an annual vacation under any Ordinance, custom or agreement or under his contract of service, the employer shall be deemed to have complied with the provisions of this

section if he forthwith pays to the employee, in addition to all other amounts due to him, his vacation wage for his period of employment between the date on which he became entitled to the last annual vacation that he was permitted to take and the date of the termination of his employment. 9. No employer shall discharge or threaten to discriminate against any employee (

a) for testifying or consenting to testify in any investigation or proceeding relating to the enforcement of this Ordi nance, or (

b) for giving any information to the Commissioner or a person authorized by him regarding the annual vacation that any employee is entitled to or has been permitted to take under this Ordinance or the vacation wage that any employee has been paid or is entitled to be paid under this Ordinance. 10. Every employer employing three or more employees to whom this Ordinance applies shall post and keep this Ordinance in a conspicuous place where his employees are engaged in their duties. II. Every employer employing any employee to whom this Ordinance applies shall keep a record showing in the case of each of his employees (

a) the name of the employee; (

b) the dates of the commencement and termination of his employment; (

c) the dates on which each annual vacation is taken; (

d) the employee's total wage and vacation wage for any period of employment; (

e) all deductions made from the employee's vacation wage for any purpose whatever, and the purpose for which each such deduction is made; and (

f) the amount paid to the employee in respect of each annual vacation to which he is entitled and the amount paid to the employee upon the termination of his employment, and the dates of payment. 12 Chap. 4. Payment of vacation pay on termination of employ ment. Employer Dot to discriminate against employee. Employer to keep Ordinance posted. Employer to keep record of employees. Annual Vacations. 8.

a) for testifying or consenting to testify in any investigation or proceeding relating to the enforcement of this Ordi nance, or (

a) the name of the employee; (

b) the dates of the commencement and termination of his employment; (

c) the dates on which each annual vacation is taken; (

d) the employee's total wage and vacation wage for any period of employment; (

e) all deductions made from the employee's vacation wage for any purpose whatever, and the purpose for which each such deduction is made; and (

f) the amount paid to the employee in respect of each annual vacation to which he is entitled and the amount paid to the employee upon the termination of his employment, and the dates of payment. 12

Annual Vacations. Chap. 4. 12. The Commissioner or any person authorized by him may Commissioner . . may mspect at any reasonable tIme records. (

a) inspect the record described in

section 11 in use by any employer for the time being or any such record used by that employer during the preceding two years; (

b) require any employer to verify the entries in such record by statutory declaration or in such manner as the Com missioner may require; and· (

c) require any person to furnish, in a form acceptable to thc Commissioner or a person authorized by him, such information as the Commissioner or such person deems necessary to ascertain whether the provisions of this Ordinance are being or have been complied with. 13. All money payable by an employer to any employee Money under this Ordinance and any money ordered to be paid by an ~:e::::e:.o employer under subsection (2) of

section 18 shall, for all pur- poses, be deemed to be salary or wages earned by the employee. 14. For the purposes of this Ordinance, the employment of Commefnce- . h hId ment 0 any employee wIth the employer by w om . e was emp oye on employment. the day this Ordinance ·comes into force shall be deemed to have commenced on'the latest of the following dates: (

a) the date on which the employee's employment with that employer actually commenced; or (

b) the date on which the employee last became entitled to any annual vacation under any Ordinance, custom or agreement or under his contract of service. 15. Notwithstanding anything in this Ordinance, an employer Employee and an employee may enter into a written agreement to the :~: ~~!':ment effect that, because of shortage of labour. the employee will not with take an annual vacation to which he is entitled under

section 4, employer. the employer shall not be subject to the provisions of

section 5 'with respect to that employee, but the employer shall neverthe- l~ss, within ten months after the date on which the employee became entitled to an annual vacation, pay to him, in addition to all other amounts due to him, his vacation wage for the year immediately preceding the date on which he became entitled to the said annual vacation. 16.

(1) Nothing in this Ordinance affects any provision in Effect on any Ordinance, agreement or contract of service or any custom ~~~~~anees. which ensures to employees more favourable conditions than those provided by this Ordinance.

(2) Any provision in any Ordinance, agreement or contract of service or any custom which is less favourable to employees than the provisions of this Ordinance is superseded by this Ordinance. 13 Annual Vacations. Chap. 4. 12. The Commissioner or any person authorized by him may Commissioner . . may mspect at any reasonable tIme records. (

a) inspect the record described in

section 11 in use by any employer for the time being or any such record used by that employer during the preceding two years; (

b) require any employer to verify the entries in such record by statutory declaration or in such manner as the Com missioner may require; and· (

a) the date on which the employee's employment with that employer actually commenced; or (

section 4, employer. the employer shall not be subject to the provisions of

(2) Any provision in any Ordinance, agreement or contract of service or any custom which is less favourable to employees than the provisions of this Ordinance is superseded by this Ordinance. 13

'Chap. 4. 'Other Ordinances not to affect rights of employee. Offences. Annual Vacations. 17.

(1) No agreement, whether heretofore or hereafter entered into, shall have any force or effect in so far as it deprives any employee of any right, power, privilege or other benefit provided by this Ordinance.

(2) No employer shall require an employee to return to him, nor shall he accept from an employee, either the whole or any part of any vacation wage which he paid to that employee under the provisions of this Ordinance. OFFENCES AND PENALTIES. 18.

(1) Every person who (

a) fails to comply with any provision of this Ordinance; (

b) with intent to deceive, makes any false or misleading statement in any communication, whether in writing or otherwise, to the Commissioner; or (

c) interferes with or obstructs the Commissioner or a person authorized ,by him in the exercise of any power conferred upon him by this Ordinance; is guilty of an offence and liable on

summary conviction to a fine not exceeding one hundred dollars for the first offence and in default of payment to imprisonment for a term not exceeding thirty days, and for each subsequent offence, to a fine not exceed ing two hundred dollars and in default of payment to imprison ment for a term not exceeding ninety days.

(2) Where an employer is convicted of failure to pay to any employee any vacation wage, or part thereof, that he is required to pay under this Ordinance, the justice shall, in addition to the fine imposed, order the employer to pay to him forthwith an amount equal to the vacation wage or part thereof that the employer failed to pay to the employee, and the justice shall pay the said amount to the employee fo_rthwith upon receipt of it.

(3) Where an employer fails to pay any money ordered to be paid under subsection (2), the justice may, in addition to any penalty prescribed by subsection (1), order that the employer be imprisoned for a further term not exceeding ninety days. 14 'Chap. 4. 'Other Ordinances not to affect rights of employee. Offences. Annual Vacations. 17.

(1) Every person who (

a) fails to comply with any provision of this Ordinance; (

b) with intent to deceive, makes any false or misleading statement in any communication, whether in writing or otherwise, to the Commissioner; or (

c) interferes with or obstructs the Commissioner or a person authorized ,by him in the exercise of any power conferred upon him by this Ordinance; is guilty of an offence and liable on

Annuity Plan.

CHAPTER 5. AN ORDINANCE TO MAKE PROVISION FOR THE PURCHASE OF FEDERAL GOVERNMENT ANNUITIES BY YUKON TERRITORIAL GOVERNMENT EMPLOYEES

SHORT TITLE. Chap. 5. 1. This Ordinance may be cited as the Annuity Plan

Short Title. Ordinance.

INTERPRETATION. 2. In this Ordinance,

Definitions. (a) "annuity" means a life annuity with a ten-year guarantee "Annuity." purchased from the Government Annuities Branch of the Department of Labour, Canada; (b) "earnings" means the total compensation received from "Earnings." the Territory excluding bonuses, overtime payor special payments; and (c) "employee" means any person employed in the public "Employee." service of the Territory who is (

i) resident or domiciled in Canada; and (ii) required during the time of his active employment to devote his constant attention to the performance of the duties of his position, and the conditions of whose employment for the time over which such employ ment extends precludes his engaging in any other substantially gainful occupation. ANNUITY PLAN. 3.

(1) Where an employee has ;;,:r::~~~on. (

a) completed six months but not more than eighteen months of ,continuous service in the public service of the Territory; and (

b) authorized the Territory to deduct an amount equal to five per cent of his earnings from the commencement of his employment as a contribution for the purchase of an annuity; the Territory shall contribute an equal amount for the purchase of an annuity.

(2) Where an employee has completed more than eighteen Idem. months of continuous service in the public service of the Terri tory, he may at any time authorize the Territory to deduct an 15 Annuity Plan.

CHAPTER 5. AN ORDINANCE TO MAKE PROVISION FOR THE PURCHASE OF FEDERAL GOVERNMENT ANNUITIES BY YUKON TERRITORIAL GOVERNMENT EMPLOYEES

SHORT TITLE. Chap. 5. 1. This Ordinance may be cited as the Annuity Plan

Short Title. Ordinance.

INTERPRETATION. 2. In this Ordinance,

(1) Where an employee has ;;,:r::~~~on. (

a) completed six months but not more than eighteen months of ,continuous service in the public service of the Territory; and (

(2) Where an employee has completed more than eighteen Idem. months of continuous service in the public service of the Terri tory, he may at any time authorize the Territory to deduct an 15

Chap. 5. Annuity Plan. amount equal to five per cent of his earnings commencing from the date of such authorization, and the Territory shall contribute from that date an equal amount for the purchase of an annuity. Deposit. 4. All moneys collected and contributed under this Ordinance shall be deposited in a special account of the Yukon Consolidated Revenue Fund and shall be paid under the authority of the Commissioner to the Government Annuities Branch of the Department of Labour, by cheque drawn in favour of the Receiver General of Canada, at such times as the contracts for employees' annuities require.

Regulations. 5. The Commissioner may make such regulations as are neces- sary to give effect to this Ordinance. 16 Chap. 5. Annuity Plan. amount equal to five per cent of his earnings commencing from the date of such authorization, and the Territory shall contribute from that date an equal amount for the purchase of an annuity. Deposit. 4.

All moneys collected and contributed under this Ordinance shall be deposited in a special account of the Yukon Consolidated Revenue Fund and shall be paid under the authority of the Commissioner to the Government Annuities Branch of the Department of Labour, by cheque drawn in favour of the Receiver General of Canada, at such times as the contracts for employees' annuities require. Regulations. 5. The Commissioner may make such regulations as are neces- sary to give effect to this Ordinance. 16

Arbitration .. Chap. 6.

CHAPTER 6. AN ORDINANCE RESPECTING ARBITRATION.

SHORT TITLE. I. This Ordinance may be cited as the Arbitration Ordinance.

Short Title.

INTERPRETATION. 2.

(1) In this Ordinance,

Definitions. (a) "arbitrator" includes an umpire and a referee in the "Arbitrator." nature of an arbitrator; (b) "award" includes umpirage and a ·certificate in the nature "Award." of an award; and (c) "submission" means a written agreement to submit differ- "Submission." ences to arbitration, whether or not an arbitrator is named in the agreement.

(2) The Commissioner may make rules of practice and pr,o- ~le~ of cedure, including tariffs of fees and costs, for the better carrying ur. out of the purposes of this Ordinance and for regulating the practice hereunder, and, until other rules are so made, the Rules of Court established under the Judicature Ordinance apply mutatis mutandis to all causes, matters and proceedings under this Ordinance. APPLICATION. 3. This Ordinance applies to submissions made before as well Retrospective as after the commencement of this Ordinance. effect. 4.

This Ordinance applies to every arbitration under any Other Ordinance whenever passed as if the arbitration were pursuant Ordmances. to a submission, except in so far as this Ordinance is inconsistent with the Ordinance regulating the arbitration or with rules or procedure authorized or recognized by that Ordinance. REFERENCE BY SUBMISSION. S. (1) Unless a contrary intention is expressed in a submission ~ubmission . d II b .. b k db" . u-revocable. or a JU ge a ows a su miSSIOn to e revo e , a su mission IS irrevocable and has the same effect as if it had been made an order of a judge.

(2) A submission is not revoked by the death of the parties Effect of to it or either of them. ~;a~~rty. 6. Where no other mode of reference is provided III a sub- When no other mode mission, the reference shall be to a single arbitrator. expressed. 17 57928-4-3 Arbitration .. Chap. 6.

CHAPTER 6. AN ORDINANCE RESPECTING ARBITRATION.

SHORT TITLE. I. This Ordinance may be cited as the Arbitration Ordinance.

Short Title.

INTERPRETATION. 2.

(1) In this Ordinance,

Chap. 6. Umpire. Death of arbitrator, etc. Death of umpire, eta.. Umpire to set where arbitrators cannot agree. Removal for misconduct. Stay of proceedings. Service of notice in certain case •. Arbitration. 7. Where the reference is to two arbitrators, the two arbitra tors may appoint an umpire at any time within the period during which they have power to make an award. 8.

(1) Where an arbitrator refuses to act or is incapable of acting or dies, the party by whom he was appointed may appoint an arbitrator in his stead, and this power may be exercised from time to time as vacancies occur.

(2) Where an umpire refuses to act or is incapable of acting or dies, the arbitrators by whom he was appointed may appoint an umpire in his stead, and this power may be exercised from time to time as vacancies occur. 9. Where the arbitrators have allowed their time or extended time to expire without making an award or have delivered to any party to the submission or to the umpire a notice, in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators. 10.

Where a judge is satisfied upon evidence submitted to him by a party to the submission that an arbitrator or umpire has misconducted himself in the arbitration, the judge may remove the arbitrator or umpire and may appoint an arbitrator or umpire in his stead. STAY OF PROCEEDINGS. 11.

Where a party to a submission or a person claiming through or under him commences legal proceedings against any other party to the submission or any person claiming through or under him, in respect of a matter agreed to be referred, a party to such proceedings may,after service upon him of a statement of claim and before he takes any step in the proceedings, apply to a judge for a stay of proceedings, and the judge, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and that the applicant was at the time when the proceedings were commenced ready and willing to do all things necessary (0 the proper conduct of the arbitration and still remains ready and willing to do so, may make an order staying the legal proceedings.

APPOINTMENT OF ARBITRATOR OR UMPIRE BY A JUDGE. 12.

(1) In any of the following eases (

a) where a submission provides that the reference is to a single arbitrator and the persons whose concurrence is necessary do not, after differences have arisen, concur in the appointment of an arbitrator, (

b) where an arbitrator or an umpire is to be appointed by any person and that person does not make the appoint ment, and 18 Chap. 6. Umpire. Death of arbitrator, etc. Death of umpire, eta.. Umpire to set where arbitrators cannot agree. Removal for misconduct. Stay of proceedings. Service of notice in certain case •. Arbitration. 7. Where the reference is to two arbitrators, the two arbitra tors may appoint an umpire at any time within the period during which they have power to make an award. 8.

APPOINTMENT OF ARBITRATOR OR UMPIRE BY A JUDGE. 12.

(1) In any of the following eases (

b) where an arbitrator or an umpire is to be appointed by any person and that person does not make the appoint ment, and 18

Arbitration. (

c) where an arbitrator or umpire refuses to act or is incapable of acting or dies and the person having the right to appoint a person to fill the vacancy has not made the appointment, a party may serve the other party or the arbitrators or the person who has the right to make the appointment, as the case may be, with a written notice to concur in the appointment of a single arbitrator or to appoint an arbitrator or umpire. Chap. 6.

(2) Where an appointment is not made within .seven clear Ap~ointment days after the service of the notice referred to in subsection (1), by Judge. a judge may, on application by the person who gave notice, appoint an arbitrator or umpire.

(3) An arbitrator or umpire appointed under subsection (2) Arbitrato ... • has the like powers to act in the reference and to make an award powers. as if he had been appointed by consent of all parties. POWERS OF ARBITRATORS. 13.

(1) Unless a submission expresses a contrary intention, an Powers. arbitrator or umpire acting under the submission has power (

a) to administer oaths to the parties and witnesses, (

b) to state an award as to the whole or any part thereof in the form of a special case for the opinion of a judge, and (

c) to eorrect in an award any clerical mistake or error arising from an accidental slip or omission.

(2) An arbitrator or umpire may at any stage of the.proceed- Idem. ings and shall, if so directed by a judge, state in the form of a special case for the opinion of a judge any question of law arising in the course of the reference. WITNESSES AND EVIDENCE. 14. All provisions of the Evidence Ordinance that are not Ar~li":tion inconsistent with this Ordinance apply to proceedings under this ~rdi~~n:~e Ordinance. 15. A party to a submission may obtain a subpoena or other Compulsory notice under the Rules of Court to compel the attendance of a :~~i'!:=es. witness, but no person is compelled to produce a document that he would not have to produce on the trial of an action. 16.

(1) Where a party to a submission desires to procure for Evidence h h ·d f b k d. ben • ..... use upon t e reference t e eVI ence 0 a person to e ta en de bene esse or to be taken out of the Territory, an order may be made for the examination of such person or for the issue of a commission in the like circumstances and with the like effect as a similar order made in an action.

(2) The Judicature Ordinance and Rules of Court apply to an order or commission under subsection (1) and to the proceedings thereon and the evidence taken thereunder. 19 57928-4-31 Arbitration. (

Document details

Collection	Yukon — Historical Statutes
Citation	Consol. Ord. 1958
Type	statute
Volume / chapter	1958 c
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	41ce031dd7f50593e0f521610dec84ff21dba21d

Source file is stored in the law ingest library (pdf).