ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1959 ST AND SECOND SESSIONS F. H. COLLINS COMMISSIONER Printed and Published for the Government of the Yukon Territory under Authority of

Chapter 93 of the CODlolidated Ordinances of 1958 BY H . J. TA YLOR, Queen's Printer

ORDINANCES OF THE YUKON TERRITOR Y PASSED BY THE YUKON COUNCIL IN THE YEAR 1959 FIRST AND SECOND SESSIONS F. H. COLLINS COMMISSIONER PriDted _d Publiehed for the Government of the Yukon Territory _der Authority of

Chapter 93 of the Con80lidated Ordin_cea of 1958 BY H. J. TA YLOR, Queen'. Printer

TABLE OF CONTENTS FIRST SESSION Chap. 1. Hos pi tal Ordi nance ......... _ .. _ ....... _______ .. _____ .... __ .... ____ .. ____ .. ____ .... _ .. _______ .. _ .. ____ .. _ .... __________ ._ 2. 3. 4. 5. 6. 7. 8. 9. 1. 2. 3. 4. 5. Unemployment Assistance Agreement Ordinance _ ... __ .. __ _ Game Ordinance Amendment .. __ .. __ .. ___________________ .. _ .. ___ .... ______ .. ___ .... ______________ " ........ Insurance Ordinance Amendment

Interpretation Ordinance Amendment Liquor Ordinance Amendment .. _ .... ____ .. _ .. ______________ ..... _____ .. __ .... __ .... ____ .... __ _ M unicipal Ordinance Amendment _______ .. , .. _ .. _______ .. _______ .. ________ .. __ .... ________ _ Public Health Ordinance Amendment Workmen's Compensation Ordinance Amendment SECOND SESSION Municipal Ordinance .. ________ .. ________ .. ___ _ Taxation Ordinance An Ordinance to Authorize the Commissioner to Grant a Franchise to the Yukon Electrical Company Limited .. __ _ Game Ordinance Amendment _____ _ Taxation Ordinance Amendment Page 3 4 7 22 2J 24 26 28 31 167 203 204 205

ORDINANCES OF THE YUKON TERRITORY Passed in the second seasion of the eighteenth Coancil of the Yukon Territory begun and holden at the City of Whiteborse OD the third day of April, 1959, and prorogued on the twealy-aec:ond clay of April, 1959.

HOSPITAL

CHAPTER 1 ORDINANCES OF YUKON TERRITORY 1959 (First Session) AN ORDINANCE RESPECTING THE MANAGEMENT AND CONTROL OF HOSPITALS AND THE PROVIDING OF AID THERETO (AsJented 10 April 22uJ, 1959.) The Commissiuner uf the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: CHAP. 1 1. This Ordinance may be cited as the HOJPi/a/ Ordinance.

Short Title. 2. in this Ordinance,

Definitions. (a) "free patient" means a patient admitted to a hospital "free patient". on the direction of the Commissioner; and (b) "hospital" means a hospital designated by the Com- ·'Hospital". missioner. 3.

(1) The Commissioner may, out of monies appropriated for the purposes .of this Ordinance, by way of financial aid make payments to hospitals.

(2) No payments shall be made to a hospital that has not complied with this Ordinance or the regulations. 4. The payments made by the Commissioner pursuant to this Ordinance shall not exceed with respect to each patient (

a) for each day or part thereof exceedin~ three hours during which the patient is treated ill the huspital, three dollars. and fur any other part uf the day during which the patient is treated in the huspital. onc dllllar and fifty cents; and (

b) where the patient is a free patient the uSlI:ll puhli( ward fee ordinarily charged to patiel1ts by the h(l~Jlit;t1 and onc -half of t hc llSlla I fCl'S for l11l'dici ne, :\ -ra -'" . operating- room and other services ordinarily rharg"l'd to patients by the hospital. Appropriationl for hospital aid. I'aym.nt of h41:.pit:11 ai,1.

CHAP. 2 Reimburse­ ment for IIncoll~ct~d debts. R~gulation •. Offence •. R~peal. HOSPITAL 5. (

I) The Commissioner may on application by a hospital pay to it a debt for treatment or accommodation of a patient, if the Commissioner is satisfied that (

a) the treatment and accommodation was necessary; and (

b) It is unlikely that the debt wilI be paid.

(2) Any payment made under this

section discharges the debt up to the amount of the payment. 6. The Commissioner may make regulations (

a) designating hospitals to which this Ordinance applies; (

b) respecting the management and maintenance of hospitals; (

c) respecting the qualification of hospital personnel; (

d) respecting accommodation, laboratory, examination and treatment facilities in hospitals; (

e) providing for the filing of reports, financial statements and verification thereof by hospitals; (

f) appointing or providing for the appointment of, persons as hospital inspectors; and (

g) prescribing the powers and duties of hospital 10- spectors. 7. Every person who fails to comply with or violates, any provision of this Ordinance or the regulations is guilty of an offence and is liable on

summary conviction to a fine not exceeding five hundred dolIars. 8. The Hospital Aid Ordinance being

Chapter 53 of ;he Revised Ordinances of the Yukon Territory, 1958, is repealed. 2

UNEMPLOYMENT ASSISTANCE' AGREEMENT

CHAPTER 2 ORDINANCES OF YUKON TERRITORY 1959 (First Session) AN ORDINANCE TO PROVIDE FOR UNEMPLOYMENT ASSISTANCE (AlJel1led 10 April 221ld, 1959.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: CHAP. 2 1. This Ordinance may be cited as the Unemploym"" Assis-

Short Title. tance Agreement Ordintznce. 2. In this Ordinance,

Definitions. (a) "Agreement" means the Agreement made under sec- "Agreement". tion 3, and (b) "unemployment assistance costs" means the aggregate of the costs to the Territory of providing financial assistance to persons who are in need. 3. The Commissioner may, on behalf of the Territory, enter into an agreement with the, Government of Canada, under and for the purpose of the Unemployment Auislal1ce Acl to provide for the payment by the Government of Canada to the Territory of contributions in respect of unemployment' assistance costs in the Territory. 4.

The Commissioner is empowered to do every act and exercise every power for the purpose of implementing- every obligation assumed by the Territory under the Agreement. "Unemploy­ mtDl assist· aacC' costs". Cammiasioner may rllKute Agreement. ConlmissioneT n,ay inllllrn't"nl AKTfi'mC1l1.

CHAP. 3 K.O.Y.T. 1958, c. 50. "Resident". "'ir~arm5 (or bill same. SI) mr,lor ·.,"hi, h· .... GAME AMENDMENT

CHAPTER 3 ORDINANCES OF YUKON TERRITORY 1959 (First Session) AN ORDINANCE TO AMEND THE GAME ORDINANCE (AJJented 10 April 22nd; 1959.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. Paragraph (

w) of subsection (1) of

section 2 of the Game Ordinance is repealed and the following substituted therefor: "(w) "resident" means a person residing in the Territory" and (

i) oeing a Canadian citizen or other British sub­ ject has so resided for the six months, or (ii) not being a Canadian citizen or other British suhject has so rcsided for the two ycars, prior to the day of applying for his licence." 2. Scction R of the said Ordinance is repealed and the fol­ lowing- suhstitutcd therefor: "R. (

I) No person shall. for the purpose of hunting big game, use (

a) a firearm other than (

i) a non-automatic rifle of .25 calibre or larger, or (ii) a !'ihotgun. (lr (

h) a full metal cased or jacketed non-expanding bullet or hall commonly known as "service ammunition" or a hullet commonly known as "tracer".

(2) No person shall (

a) disdlitrg-c it firearm from a motor vehicle; or

GAME AMENDMENT (

b) have in or on a motor vehicle any firearm in which there is a lin bullet ur cartridge either in the maga­ zine or firing chamber.

(3) No persun shall discharge a firearm on or across a maintained portion of a public road or high\\·ay." 3. The said Ordinance is further amended by adding there­ to immediately after

section 9 thereof the following sectiuns: "9A. No person shall shoot :it, wound or kill any big game while it is swimming. CHAP. 3 Uisch arge on high\\'a~· SWill1l11illg animals. "9B. ~ 0 persun shall use or allow any dog to' hunt or Use 01 <.logs. run any big game." 4. The said Ordinance is iurther amended by adding there­ tu immediately after

section 14 thereof, the following section: ·'14A. A person under the age of sixteen years shall not hunt unless he is accompanied by a person over twenty­ one years of age who is the holder (If a licence issued pur­ suant to

section 36." 5. Subsection (2) of

section 25 of the said Ordinance IS repealed and the following substituted thercfor: "

(2) The Director may authorize the injury or destruc­ tion of Lea\'er dams llr houses and the r~'mll\'al of beaver therefrum. if the injury or destructiun is necessary for the carrying on of mining operations or driving timber on, streams or IS necessary to prevent damage to roads or property. 6. ~uhsecti()n (1) of

section 27 is repealed and the follow­ mg substituted therefor: "( 1) An application for any licence or certificate of regis­ tration may Le made to the Director or a game guardian, and shall be in a prescribed form, and accompanied by the appropriate fee as set out in

Schedule A." 7. Subsection (1) of

section 34 is repealed and the follow­ ing suhstituted therefor: 5 Hunter:; under age oi 5ixte(,11. Authority to dt"strCt}'. r $sut" (lj !irtllct"~_

CHAP. 3 Issue of hunting licence. Hight con· ferred by certificate of rf'gi!lOtration. GAME AMENDMENT "( 1) A licence or certificate of registration held by a person convicted of an offence against this Ordinance shall, in addition to any other penalty imposed upon such con­ viction, be suspended or cancelled."

Section 36 of the said Ordinance IS repealed and the following substituted therefor: "36.

(1) The Director or a game guardian may upon application therefor issue a licence entitling the licensee, while carrying the licence upon his person, to hunt (

a) big game and game birds; (

b) game birds; or (

c) bear.

(2) No person shall at the same time hold more than one licence issued under this section." 9. Paragraph (

b) of subsection (2) of

Section 42 is amend­ ed by adding thereto the following subparagraph: "(vii) he has sufficient knowledge of first aid." 10. Subsection (1) of

section 49 is repealed and the follow- 109 substituted therefor: "(

I) Except as provided in subsection (2) of

section 17, a certificate of registration of a guiding area .reserves to the pcrson to whom the certificate was issued the sole and exclusive right and privilege of nutfitting and guiding any person for thc purposc of hunting big game within the area described in the certificate of registration." 11. SuIJscl"lions (3). (4) amI (5) of

section 74 (If the said Onlillancc arc repealed. 12. Paragraph (IJ) of

section RI is ft'pealed and the follow- 111.1.:" suJ.stit uted thcrcfor: "(J.) "nc or mure persons to art as game guardians for a 1"~ri{)d of "ne year from the date of the appointment who shall, unrler the direction of the Director, perform such dill ics as may he assigned hy the Director." 6

INSURANCE AMENDMENT

CHAPTER 4 ORDINANCES OF YUKON TERRITORY 1959 (First Session) AN ORDINANCE TO AMEND THE INSURANCE ORDINANCE (Assented to April 221ld, 1959.) CHAP. 4 The Commissioner of the Yukon Territory, by and with ~9?S~:17. the advice and consent of the Council of the said Territory, enacts as follows: 1.

Part III of the. Insurance Ordinance is repealed and the following substituted therefor: "PART III FIRE INSURANCE INTERPRETA nON 39. In this Part, (a) "Contract" ·means a contract of insurance against loss ··ConlraCI". or damage to property in the Territory caused by ·fire, lightning or explosion and includes a policy, certificate, interim receipt, renewal receipt or written evidence in- the contract, whether under seal or not and a binding oral agreement; and (b) "insured" means a person who "makes a contract with "111.urrd". an insurer. APPLICATION OF

PART 40.

(1) This Part applies to every contract of IIlsurance Apl'liC~li,'n. made in the Territory, except a contract (

a) of aircraft, aut~,"lOhill', hoiler and machinery. illlalld transpurtatioll. marine. plate glass. sprillkler leakage alld theft insurance: 'j

CHAP. 4 AUlomobilrs. F."t~nt of cn\"ll~ragt: by contra<.l. ( 'nvt:rage where d:am3R'f' from nuclt';H u";."crjr,n. INSURANCE AMENDMENT (

b) the subject matter of which is rent, charges or loss of profi ts; or (

c) of insurance in which fire IS an incidental peril to the coverage provided. (2) :\'Iltwithstanding subsection (I), this Part applies to insurance of an automohile against loss or damage by fire under a policy of fire insurance. COVERAGE 4\. (

I) Subj ect to subsection (4) and to paragraph (

a) of

section 52, a contract to which this Part applies shall be deemed to cover the insured property against (

a) fire (whether resulting from explosion or otherwise) not occasioned by or happening through (

i) in the case of goods, their undergoing any process involving the application of heat, (ii) riot, civil commotion, war, invasion, act of foreign enemy or other hostilities (whether war be de­ clared or not), or civil war, rebellion, revolution or insurrection; (

b) lightning, other than destruction or loss to electrical devices or appliances caused by lightning or other electrical currents unless the fire originates outside the

article itself and then only for such destruction or damage as occurs from that fire; and (

r) an explosion (not occasioned by or happening thmugh any of the perils specified in subparagraph (ii) or para­ graph (a» of natural gas, coal gas or manufactured gas in a I)uilcling nl)t forming part uf a gas works, and whether fire ensues thercfrl,rn or not. (2) ,\ fontracl to which this Part applies covers the insured I'r( ,pcrty against loss or damage caused by fire or explosion descrihed in subsection (

I) resulting from a nuclear reaction or nuclear radiation, hut, unless the contract otherwise 8

INSURANCE AMENDMENT ~I'eciflrally pro\'ides, does nllt cover the insured property ;",~;Iill~t loss or damage caused by heat (lr energy alone that \\,;l~ created hy a nuclear reaction or nuclear radiation, (.3) L'nles,; a l'ontract tu which this Part applies otherwise "perilil'ally pro\'ides, it does nut co\'er the insured property ag;lin"t In"s nr damage caused hy contamination by radio­ activl' material directly or indirel'lly rl'sultin~ from fire, light ning Clr explosion as descrihed in suhsection (1), (-t) \othing in subsection (1) precludes an insurer glvmg 1110re extended illsuralH:e against the perils mentioned there­ ill, hilt ",here more extended insurance is given, this Part does Il"t apply to that insurance,

(5) All insun:r may include in its fIre insurance contract a dause or elld(Jrseml'llt providing that in the GlSe of live stock insllred against death ur injury Glusell by fire ur lightning, the \\'onl "lightning" is deemed to include other electrical currents, 42, \Vhere property insured under a contract covering ,a specitied place is removed necessarily to prevent loss or dam­ age or further loss or damage to it (

a) the contritct of insurance shall for a period of seven days or for the unexpired term of the contract, which­ ever is the lesser, cover the property removed and any property remaining in the original location to the ex­ tent that the insurance under the contract exceeds the amount of the insurer's liahility fur the loss actually, incurred; and (

b) the amount payable under the contract in respect of loss or damage to that property shall be in' the pro­ portion that the value of the property lost or destr(lyed hears to the value of all the property, CONTRACT OF INSURANCE 43,

(1) No contract shall be made for a term excl'cding' three years, but a contract may he renewed from time tll time for a further period not exceeding three years hy the delivery of a renewal receipt identifying the policy hy nU111- ber, date or otherwise, or by a new premium note, 9 CHAP, 4 1{;ulioat'li\'t' t'fllllamillatlon. E:.:tend Insur:IIlCf. l'uwer to extend mean­ ing or ··IIL:~::lIi~~.I;·· to (in:' stock contract. Co \.t."ragc­ whttt:' property remo\·l"ll. T,·nll:-"'( ('ontral'l.

CHAP. 4 Application 10. lire insurance:. Conh."nlS or ;!.I·I,Jic~tjnn. Form 01 Contract. MorlgalJeu anti fJlhcr IJayt't:s. INSURANCE AMENDMENT

(2) No insurer shall make a contract covering property situate outside the limits of a municipality for a term ex­ ceeding twelve months without a written application therefor, signed by. the applicant, or, in case of the absence of the applicant or his inability to make the application, by his agent or hy a person having an insurabfe interest in the property.

(3) Every application referred to in subsection (2) shall set forth (

a) the name, address and occupation of the applicant: (

b) the description, location and occupancy of the property to be insured; (

c) the value of the property; (

d) particulars of any mortgage, lien or other encumbrance thereon; (

e) the purpose for which and the location in which any movahle property is deposited or used; (

f) particulars of all previous fire claims made by the ;LJlplicant and the name of every company against which the claims were made: (

g) whether an insurer has cancelled any fire insurance or refused fire insurance to the applicant; and (

h) such other information as the insurer may require. 44. Wherc an application for insurance is made in writing, any pllliry sent tu thc insured shall he deemed to be intended to he in accordancc with thc terms of the application, unless thc insurer nutifies the insured in writing of the particulars wh(:rein it Iliffers from the application, tn which case the insured may, within two weeks from the receipt of the notifi­ cat illn, rejcrt the policy. 45. (

I) Where the loss, if any, under a contract has, with the c(,"scnt of thc insurer, been made payable to a person other than the insured, the insurer shall not cancel or alter the policy to the prejudice of that person without notice to him. 10

INSURANCE AMENDMENT

(2) The time and manner uf giving the notice undcr'sub­ sectiun (

I) shall be the samc as for a nuti~e of canccllation to the insured under the statutory conditions in the contract. 46. (

I) The conditions set forth in

Part I o( the

Schedule shall be deemed to be part of every contract in force in the Territory and shall be printed on every policy und-er the head­ ing "Statutory Conditions" and no variation or omission thereof or addition thereto shall be binding on the insured.

(2) In this section, "Policy" does not include an interim receipt or binder. 47. Where (

a) a party to a contract fails to name an appraiser under statutory condition 11 of

Part I of the

Schedule with­ m seven clear days after being served with written notice to do so, (

b) the appraisers fail to agree upon an umpire within fifteen days after their appointment, or (

c) an appraiser or umpire refuses to act or is incapable of acting or dies, a judge may, upon the application of the insured or of the in­ surer, appoint an appraiser or umpire, as the case may be. 48. A contract containing a co-insurance, average, average distfibution or other clause that requires or may require the insured to contribute to any loss shall have printed or stamp­ ed upon its face in red ink the words "This policy contains a clause which may limit the amount payablc", and unless those wurds are so printed or stamped the clause is not binding upon the insured. MISCELLANEOUS 49. (

I) Where, un the happening of any loss or damag-c to the property insured, there is in force more than onc contract covering the same interest, the insurers undcr the rcspedin' lflllt racts shall, unless ~hry otherwise expressly agn~l' ill writing. each he liable tu the insured for its rateable propllJ'­ tion of the loss. 11 CHAP. 4 Form 01 notice. Statutory conditions. Intcrprrt alion. Naming 01 appraisers under statu­ toq·· ('ontiilion ll. LimitatioD 01 li.:Jbility clauses. Ratr~ble con· tribution.

CHAP. 4 Efit"ct (If pf"lli('Y lIlay IIlIt h,· 1"'!'-t('''''H~fl. L,.':"(ail1 rt'~11 ini'.II ... \ illid. :\!'Oc('rt~inm~nt 1)( rateable proportions. 1 .. '-urOlnrt: on iclt·lIlih.·d :Irlid,· .... J~ (·1 i, i r 111111 ffJrft"ilure. INSURANCE AMENDMENT

(2) For the purpuse of sui>sectilln (1), a contract shall be Jeemcd to be in force notwithstanding any term thereof that the poliry .:ihall not cover, c .. me into force, attach, or bec0me insurance with respect to the property until after full or )la rt ial payment of any loss under any other policy. (3) ~l1hsedion (

I) does not ariert the validity of (

a) a 11\. division of the sum insured into separate items, (I» allv limits of insurance on specified pruperty, (

r) a dause described in

section 48, or (cl) a contract condition limiting or prohibiting the having or placing of other insurance. (4) Subsection (1) does not affect the operation of any deductihle clause and where (

a) onc contract contains a deductible clause, the pro rata proportion of the liability of the insurer under that contract shall be first ascertained without regard to the clause and then the clause shall be applied only to a fiect the amount of recovery under that contract; and (

b) more than une contract contains a deductible clause, the pro rata proportion of the liability of the insurers under those contracts shaH be first ascertained without regard to the deductible clauses and then the highest deductible shall be pro rated among the insurers with decluctibles ancl these pro rated amounts shall affect the amount of recovery under those contracts. (5) :\()t\\"ilhstanding suhsection (1), insurance on identified articles shall he a first luss insurance against all other in­ surance. 5(). \Vhere there has been imperfect compliance with a stalutIJry rOlldition as to the proof of loss to be given by the insured and a consequent forfeiture or avoidance of the in­ SUralll"l'. in whole or in part, and the court deems it inequit­ able th;:t the insurance should be forfeited or avoided on that 12

INSURANCE AMENDMENT ground, the court may make an order relieving against the forfeiture or avoidance on such terms as may seem just. 51. The proof of loss form furnished by an insurer pur­ suant to

section 24 shall, for the purposes of this Part, be in Form A of

Part I of the

Schedule and in forwarding the form to the insured the insurer shall attach thereto a copy of the wording of the policy giving the description and location of the property insured. 52. Where a contract, (

a) excludes any loss that would otherwise fall within the coverage prescribed by

section 41, or (

b) contains any stipulation, condition or warranty that is ()r may be material to the risk induding a provision in respect tu the use, condition, location or maintenance of the insured property, the exclusiun. stipulation, condi(ion or warranty shall not be hinding upon the insured if it is held to be unjust or un­ reasonahle by the ("ourt before which a <]uestion relating thereto is tried. 52A.

(1) No term or condition of a contract shall he deem­ ed to he waive(1 by the insurer in whole or in part unless the waiver is clearly expressed in writing and siRned hy a person authorized for that purpose hy the insurer. CHAP, 4 Proolol loss_ SI",cial stipulations. Waiv~r nl trrm (It condition.

(2) Neither the insurer nor the insured shall be deemed to Idem. have waived allY term or contlltion of a contract hy any act re"'tin~ \0 the appraisal of the amount-of-Ioss or tf! the de­ livery and completion of proofs, or In the investiRation or adjustment of any claim under the contract. 521\.

(1) Upon making any payment or assuming liability thercfor under a contract of fire insurance, the insurer shall he suhrogated to all rights of -recovery of the in!lured against any person. and may hring action in -the name (If the insured to enforce ·these riRhts.

(2) Where the amount recovered after deducting there­ from the Cllsts of recovery, is not sufficient to provide a _ complete indemnity fllr th(' los!' or clamage !'uffered, it shall 13 Subn'M'.,1 ion. "'hrrr .un1l1l1l1 Itn l \'C"I'I'd I~ nol ~Hnid, III ~"J'nJ\·~.I" In ~nu".~'.

CHAP. 4 INSURANCE AMENDMENT be di\'ided between the insurer and the insured in the propor­ tillns in which the loss or damage has been borne by them respectively." J Pl\rt I ui the

Schedule of the said Ordinance is repealed al1d the Srhedule to this Ordinanc'e substituted therefor. 3. This Ordinance applies to contracts made on and after I he day this Ordinance cumes into force. ~. This Ordinance shall come into force on a day to be li'\cd hy order of the Commissioner.

SCHEDULE

PART I (Section 46) ST A TUTORY CONDITIONS MISREPRESENTATION I. I f any person applying for insurance falsely describes the property to the prejudice of the insurer, or misrepresents fir irallllulently omits to communicate any circumstance which is material to be made known to the insurer in order to enahle it to judge of the risk to be undertaken, the contract ~hall he void as to any property in relation to which the misrepresentation I)r omission is material. PROPERTY Of OTHERS 2.

Unless otherwise specifically stated in the contract. the in~urer is not liable for loss or damage to property owned hy any person other than the insured, unless the interest of the insured therein is stated in the contract. CHANGE Of INTEREST 3. The insurer shall be liable for lo'ss or damage occurring after an authorized assignment under the "Bankruptcy Act" ur change of title by succession, by operation of law or by death. 14

INSURANCE AMENDMENT l\IATERIAL CHANGE 4.

Any change material tll the risk and within the cuntrol and knowledge of the insured shall avoid the contract as to the part atIectcd thereby, unless the change is promptly nuti­ fied in writing to the insurer or its local agent; and the in­ surer when so notified may return the unearned portion, if any, of the premium paid and cancel the contract, or may notify the insured in writing that, if he desires the contract to continue in force, he must, within fifteen days of the re­ ceipt of the notice, pay to the insurer an additional premium; and in default of such payment the contract shall no longer be in force and the insurer shall return the unearned portion, if any, of the premium paid.

TERMINATION OF INSURANCE 5.

(1) The insurance may be terminated (

a) subject to the statutory provision relating to cases where loss under the contract has, with the consent of the insurer, been made payable to some person other than the insured, by the insurer giving to the insured at any time fifteen days notice of cancellation by register­ ed mail, or five days notice of cancellation personally delivered, and, if the insurance is on the cash plan, by refunding the excess of premium actually paid by the insured beyond the pro rata premium for the expired time; or (

b) if on the cash plan, by the insured giving written notice of termination to the insurer, m which case the insurer shall, upon surrender of the policy, refund the excess of premium actually paid by the insured beyond the customary short rate for the expired time.

(2) Repayment of the excess premium may be made by money, postal or express company money order or by cheque payable at par.

(3) If the notice is given by registered letter, the repay­ ment shall accompany the notice.

(4) The fifteen days mentioned in clause (

a) subparagraph (1) of this condition shall commence to run from the day 15 CHAP. 4

CHAP, 4 INSURANCE AMENDMENT following the receipt of the registered letter at the post office to which it is addr~ssed, REQUIREMENTS AFTER LOSS 6,

(1) Upon the occurrence of any loss of or damage to the insured property, the insured shall, if such loss or damage is covered by the contract, in addition to observing the re­ quirements of conditions 9, 10 and 11, (

a) furthwith give notice thereof in writing to the insurer; (

b) deliver as soon as practicable to the insurer a proof of loss verified oy a statutory declaration (

i) giving a cumplete inventory of the destroyed and damaged property and showing in detail quanti­ ties, msts, actual cash value and particulars of amount of loss claimed, (ii) stating when and how the loss occurred, and if caused by fire or explosion due to ignition, how the fire or explosion originated, so far as the in­ sured knuws or believes, (iii) stating that the loss did not occur through any wilful act or neglect or the procurement, means or connivance of the in~ured, (iv) showing the amount of other insurances and the names of other in~urers, (

v) showing the interest uf the insured and of all others in the property with particulars of all liens, cm'umhranrcs and other charges upon the property, (vi) showiJlg any rhanges in title, use, occupation, location, possession ur exposures of the property since the issue of the contract, and (vii) showing the place where the property insured was at the time of loss; 16

INSURANCE AMENDMENT (

c) if required give a complete inventory of undamaged property and showing. in detail quantities, cost and actual cash value; (

d) if required and if practicable, produce books of account, warehouse receipts and stock lists, and furnish invoices and other vouchers ,·erified by statutory declaration, and furnish a copy of the written portion of any other contract.

(2) The evidence furnished under clauses (

c) and (

d) of subparagraph (1) of this condition shall not be considered proofs of loss within the meaning of conditions 12 and 13.

FRAUD 7. i\ny fraud or wilfully false statement in a statutory declaration in relation to any of the above particulars shall vitiate the claim of the person making the declaration. \'('HO MAY GIVE NOTICE AND PROOF 8. ~otice of loss may be gi,"en, and proof of loss may be made. by the agent of the insured named in the Cl)J)tract in case of absence or inability of the insured to give the notice or make the proof. and absence or inability being satisfactorily al'l'Olmted for. or in the like casc. or if the insured reiu!'cs to do so. by a person to whom any part of the insurance money is payable. SALVAGE 9. (

I) The insured. in the e,"ent of any loss or damage to any property insured under the contract, shall take all rea­ sonable steps to prevent further damage to any such property so damaged and to prevent damage to other property insured hereunder including. if necessary, its removal to prevent damag-e or further damage thereto.

(2) The insurer shall contribute pro rata towards any rea" sonable and proper expenses in connection with steps taken by the insured and required under subparagraph (1) of this condition according to the respective interests of the parties. ENTRY, CONTROL, ABANDONMENT 10. After any loss or damage to insured property, the in­ surer shall have an immediate right of access and entry by 17 CHAP. 4

CHAP. 4 INSURANCE AMENDMENT accredi ted agents sufficient to enable them to survey and examine the property and to make an estimate of the loss or damage, and, after the insured has secured the property, a further right of access and ent ry sufficient to enable them to make appraisement or particular estimate of the loss or damage, but the insurer shall not be entitled to the control ur pnssession of the insured property, and without the consent of the insurer there can be no abandonment to it of insured property. APPRAISAL 11.

(1) I f any difference arises as to the value of the property insured, the property saved or the amount of the loss, that value and amount shall, whether the right to recover on the contract is disputed or not, be ascertained by two com­ petent and disinterested appraisers, the insured and the in­ ~urer each selecting one, and the two so chosen then selecting a (IJmpetent and disinterested umpire.

(2) The appraisers together shall then estimate and ap­ praise the loss or damage, stating separately the sound values and damage and, failing to agree, shall submit their differences to the umpire; and the finding in writing of any two shall rletermine the value of the property insured, the property saved and the amount of loss.

(3) The parties thereto shall pay the appraisers respective­ ly selected by them, and shall hear equally the expense of the appraisal and umpire. WHEN LOSS PAYABLE 12. The loss shall be payahle within sixty days after com­ pletion of the proof of luss, unless the cuntract provides for it shorter period. REPLACEMENT 13. (

I) The insurer, instead of making payment, may re­ pair, rebuild or replact' the property damaged or lost, giving written 110t ice of its intention so to do within thirty days after recei pt of t he proofs of loss. (2) 111 that event the insurer shall commence to so repair, n·lll1ild IIr replace the property within forty-five days after receipt I,f the proofs of loss, and shall thereafter proceed with all due diligence 10 the completion thereof. 18

INSURANCE AMENDMENT ACTION H. Every action or proceeding against the insurer for the reco\"l~ry oi any claim under ur by virtue uf this contract shall be absulutely barred unless commenced within one year next after the loss or damage occurs. NOTICE 15. (

I) Any written nutice tu the insurer may be delivered at, or scnt by registered pust to, the chief agelll'y (lr office uf the insurer in the Territory or delivered or so sent tll an" authorized ag-ent of the insurer therein.

(2) Written notice mav be given to the insured by letter personally delivered to him or by registered letter addressed to him at his latest post office address notified to the insurer, or, where nu address is notified and the address is not known, addressed to him at the post office of the agency, if any, from which the application was received. Iq CHAp. 4

CHAp. 4 INSURANCE AMENDMENT FOR!\1 A (Section SI) PROOF OF LOSS Pulicy Xo ................................................... .Amount of Policy $ ................ _ .... . To ............. _ ............................................. _ ................................... Insurance Company By your Policy of Insurance Xo .................. _ ...................... .issued at your .............................................................. _ .... _ ................

Agency. dated the ...................... _ .... . day of... .. _ .... _ .............................................. and expiring the .. _ ....... _ ....... _ ........ day of ............... __ .... _ .... _ .... _ ............. -.... _ ......... _ ................ _ ...................... _ ..... at 12 o'clock noon, you insured ..................... _ .... _ ................................................. _ .... _ ................ _ .......... _ .... _ .......... . against loss or damage by- fire. to the amount of... ........ _ .... _ .... _ ................ . .............. _ ........................... _ .............. _ .... dollars accocding to the terms and conditions printed therein.

N.B.-(Give particulars of the material loss sustained and the \-alue thereof as follows): A particular account of the loss is attached hereto and marked Exhibit A, and forms part of this proof and the ACTUAL CASH VALUE of each specific subject thus situated and described by the aforesaid policy at the time of loss, and the ACTlJAL LOSS and DAMAGE by said fire to same as shown by the particular account attached hereto were as follows: 1 s t Item of Policy Sound Total Total Amount Claimed 2nd Item of Policy Value Loss I nsur- named under 3rd ] tern of Policy ance in this thiS 4t h ] tern of Policy policy p(.lity 5th Item of Policy TOTAL T()tal amount claimed of this company under above named pr .1icy S The said account is just and true.

The said property was (damaged or destroyed) by fire at or al)()ut ........................... o'clock ................ m. on the ........................................ day of . .. .. ... ............... 19 ........ and was then occupied as ............ . 20

INSURANCE AMENDMENT The loss did nut on:ur nor was the fire caused through any wilful act or neglect or the procurement, means or connivance of the insured. The amount uf other insuring compailies were as follows: ~;!mc of Ctlmpany ......... . ,\mount oj Insurance ...... . ......................................... ..

The property described in the said policy belonged at the time of the tire hereinafter mentioned· to ... .. , .......... _ ................. . and no other person or persons had any interest therein ex­ ceJlt as follows: 1'\ amI.' of persun :--Iame and extent of interest, lien or encumbrance The movable property insured was deposited in. at the time (If the fire.

I, ........ .............................................. do solemly declare that the foreguing daims and statements are to the best of my knowl­ edge and belief true in every particular, and· I make this solemn declaratinn conscientiously believing it to be true and knowing it is uf the same force and effect as if made under oath, and hy virtue of the Canada Evidence Act. ~~:I"'.ed .. bef ~~~?a::~ •••••• ~ ••••••.• ~ Ac~:~~:i~:;;~~;~~~~~~:;~~d\ (Insured) 21 CHAP. 4

CHAP. 5 W.o.V.T. 1958 c. 58. Orders. rul .. and resula. lion. to be lablO'd.

INTERPRETATION AMEND~f&Nr

CHAPTER 5 ORDIXAXCES OF YL'KON TERRITORY 1959 (First Session) AN' ORDINANCE TO AMEND THE I:\TERPRET ATJON ORDINANCE (AJJenled 10 April 221ld, 1959.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. The Inlerprel4lion Ordi,,,Jn(e is amended by adding there­ to immediately after

section 36 thereof, the following heading and section. "TABUNG 37. A copy of every order, rule or regulation made by the Commissioner pursuant to any Ordinance shall be laid before the Council as soon as conveniently may be after the making thereof." 22

LIQUOR AMENDMENT

CHAPTER 6 ORDINANCES OF YUKO~ TERRITORY: 1959 (First Session) AN ORDINANCE TO Al\lE:-·m THE LIQUOR ORDINANCE (AHe11led 10 April 221/d, 1959.) CHAP. 6 The Commissioner of the Yukon Territory. by and with R.O.Y.T. 1958c.6'. the advice and consent of the Council of the said Territory, enacts as follows: 1. Paragraph (

b) of subsection (1) of

section 12 of the Liqllor Ordinance is repealed and the following substituted therefor: "(

b) a liquor licence in respect of a cocktail lounge, club, steamship. or mess." 2. Subsections (1) and (3) of

section 30 of the said Ordi­ nance are repealed and the following substituted therefor: "

(1) Upon application therefor made to the Commis­ sioner in the prescribed form and upon payment of the fee set forth in the

Schedule hereto, the Commissioner may subject to this Ordinance grant to officers commanding units of the Active or Reserve Forces in Canada in the Territory a beer licence in respect of a canteen or a liquor licence in respect of a mess." "

(3) A licence issued under subsections (1) and (2) shall designate the premises in respect of which the licence was granted and no liquor shall be sold or consumed under the authority of the licence at a place other than such premises and no liquor shall be sold ur consumed in such premises except on the days and within the hours during which it IS not forbidden to sell liquor."

Section 76 of the said Ordinance is amended by adding thereto the following subsection. "( 3) For the purposes of this

section a conVIctIOn pur­ suant to sections 11, 14 and 15 of the GOl'emmenl Liqllo,' Ordi-­ lIallce,

chapter 14 of the Ordinances of 1952, First Session, shall. as respects the imposition of the penalty. be deemed a conviction for a like offence under this Ordinance." 23

CHAP. 7 R.U.Y.T. 1~~·f' L 71). ;t..(IUillg­ IJ)··I:lws. MUNICIPAL AMENDMENT

CHAPTER 7 OT{Dll\.'\NCES OF YUKON TERRITORY 1959 (First Session) AN ORJJI NANCE TO AMEND THE l\IU\,ICII'AL ORDINANCE (A.rsl!JI/('d to April 22ud, 1959.) The Commissiuner oi the Yukoll Territ()ry. hy and with thc ;\lh'icc and t'(",sent nf the Cuuncil oi the said Territ()ry, cnarl:, a:; illll!)II':;: I. The ,\I!I'I.;cipai Ordillal/a is amended by inserting, Im­ m,'di;lldy aill'\" :;cction 151, the folluwing section: .. \.; J.\. (1)'-\ cllunril oi a mUl1icip;tlilY may pass by­ la \\':; (

a) di"iding- the munit'ipality or any portion thereof into are;t~ ur zones of such dimensions as the Council m;ty :,peri iy : (

h) de~ig"nating the areas or zones within which it shall be lawiul tu erect. construct, alter, repair or main­ tain any specified class of building and to carry on any :,pecified rla5~ of husiness, trade or calling; (l") cll',;i~naling the ar('as ur wnes within which it shall he unlawful 10 erert. ronstruct. alter, repair or main­ lain any =,peciflcd rlassof huilding or to carry on any :,pecified rlas,; IIf husiness, trade or calling; (cl) dl'~ignatillg- Ihl' areas or zones within which the height, ~rollnd area and hulk uf Imildings erccteu. ('1111:'1 rllcted, allen:d or repaired shall be limited. and 1J;'e,;rrihing- the limilalions: (

e) prl',;rril,ill!; huilding" lines and the depth, size or area uf yards. courts or other open spaces to be m;tin­ I;,illed. the maximum density ()f population permit­ led within allY area or zone, the size ()f rooms ancl Ihl' means of lig-hling and ventilating them; 24

MUNIOPAL AMENDMENT (

f) rcgulating, restricting or prohibiting in any area or zone the location of all or any classes of industries, businesses, trades or callings and the location of apartment or tenement houses, terraces, club-houses, hospitals. gruup residences. two-family dweIlings, single family dwcllings. the several classes of public and semi-puulic buildings, and generaIly the location uf all buildings or structures designed or used for any purpose specified ill the by-laws: (

g) regulating, restricting, or pruhibiting in any area or zone the public display of advertising, whether by billboard or other structure primarily intended for the display of advertising matter, or upon buildings, erections, walls., fences ur other structures primarily intended for other purposes, and the nature, kind, size and description of any advertisement displayed within the zone or area; and (

h) designating certain area~ or zones within which it shall be unlawful to erect or construct any dwelling houses of less value than that specified in the by-law.

(2) A Council before passing a by-law under this

section shall give notice of its intention to do so hy notice posted in' four conspi'cuous puulic places within the mlln.icipality at· least tell days befure the date fixed for the final passing of the hy-law.

(3) The notice shaIl state the place where, and the hours during which the terms uf the proposed by-law may he in­ spected by any interested persons. and the time and place set for the ~onsideratinn by the Council of any ohjections to the hy-law.

(4) The Coullcil sh;t1l make suit;lhk provIsIon fllr in­ spection of the terms of the proposed hy-law hy interested persons." 25 CHAp. 7

CHAP. 8 R.O.V.T. 19511 c. 92. Powt'rs of lI.allh ( )ffic~r. "S~lstaIlCt, ~lc.. PUBLIC HEALTH AMENDMENT

CHAPTER 8 ORDlNANCES OF YUKON TERRITORY 1959 (First Session) AN ORDINANCE TO AMEND THE PUBLIC HEALTH ORDINANCE (Assented to April 22nd, 1959.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. Paragraph (

g) of

section 2 of the Public He41th OrdintZ1lu is repealed. 2.

(1) Paragraph (

w) of

section 3 of the said Ordinance IS repealed and the following substituted therefor: "(

w) the appointment of Medical Health Officers and Health Officers and the definition of their duties, powers and functions,"

(2) Section 3 of the said Ordinance is further amended by adding thereto the following paragraph: .. (

x) the provision of medical care for skilled or unskilled labourers in mining, prospecting, fishery, lumber. dredging or construction camps in an area remote from hospital and medical facilities." 3.

Part 11 of the said Ordinance is repealed.

Section 14 of the said Ordinance is repealed and the fol­ lowing- suhstituted therefor: "14. i\ Health Officer has flJr any purpose relating- to the en fllrcell1ent of this Ordinance or the reg-ulations. all the p(\wer~ "f a peace officer while acting in his capacity as such I k:t1th Offirer ancl in the perflJrmance nf his duties under Ihi~ Or,lin:tI1"l' ur tlte reglllation,.;. and where any Health ()IL ... :r i;; "I,SI runc" ill the performance of any stlch duty

PUBLIC HEALTH AMENDMENT he may c:1I1 to his assistance any peace officer or other person he thinks fit, who shall give him all reasonable assistance." 5. Sectit1n 17 of the said Ordinance IS repealed and the folluwing substituted therefor: "17. Every person who (

a) violates any of the pro\'i!'ions of this Ordinance or the regulations: . (

b) obstructs a l\ledical Health Officer or Health Gfficer in the exercise of his powers or in the carrying out of his duties under this Ordinance or the regulations: (

c) neglects, fails or refuses to comply with an order or direction given to him by a Medical Health Officer or Health Officer in the exercise of his powers or the carrying out of his duties under this Ordinance or the regulations; \ (

d) without the authority of a Medical Health Officer or Health Officer, removes, alters or interferes in any way. with anything seized or detained under this Ordinance; or Ce) owns, constructs, operates or maintains, as the case may be, any installation. building, place or thing mentioned in this Ordinance or the regulations that does not comply with the requirements thereof: is guilty of an nffence and liahle on

summary conviction to a fine not excceding fi\'e hundred dollars or imprisonment fllr a term nut exceeding six months. (Ir hoth such fine and imprisonment." 27 Off~nc~. and punish· ment.

CHAP, 9 M.O.V.T. 1958 c. 111. Compensation to workmen, when \!ayabl~. WORKMEN'S COMPENSATION AMENDMENT

CHAPTER 9 ORDINANCES OF YUKON TERRITORY 1959 (First Session) AN ORDINANCE TO AMEND THE WORKMEN'S COl\fPENSATION ORDINANCE (Assented to April 221ld, 1959.) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory, enads as follows: 1. Suhsection (1) of

section I3 of the Workmen's Compen· sa/ioll Ordinallce is repealed and the following substituted thercfi,r: .. (I) \Vhere 111 any employment to. which this Ordinance avplies, personal injury by accident arising out of and in the course of employment is caused to a workman, corn· pensation shall be paid unless (

a) the injury is attributal,le solely to the serious and wilful misconduct of the workman and death or seri· ous disahlement does not result from it; or (

h) the injury ot'l'urs as a direct result of action taken by an enemy of Can<lrla, or action taken in combat­ ting any such enl'IllY, or in atlcmpting tn repel a real or apprehenrled attack by allY such enemy," 2R

ORDINANCES OF THE YUKON TERRITORY Passed in the third session of the eighteenth Council of the Yukon Territory beguD and holden at the City of Whitehorse on the eighteenth day of November, 1959. and prorogued OD the twelfth day of December. 1959.

MUNICIPAL

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1959 (Seconc..l Session) AN ORDI)JANCE RESPECTING MUNICIPALITIES TABLE OF CO~TE~TS

Section

Short Title .................................... .

Interpretation .. 2 PART Subject 1 Ilcurpora tion ................................ _...................................... 3- 8 Dissolution .............................. _..................... 9- 10 11 GOVERN~IENT AND PROCEDURE ! ....

Iunicipal Cuuncil ...................................... .......... 11- 16 l\leetings of.Council ................................................ 17- 29 OFFICERS AND OTHER EMPLOYEES Mayor ...................................................................................... 30- 33 Clerk ........................ ..................................................................... 34- 35 Treasurer ................................................................................. 36- 40 Assessor .................................................. _.......................... 41 Auditor ........ ......................................................................... 42- 44 Other Employees .................................. _ .... _................ 45 Salaries and Conditions of Empluyment Oaths 46- 47 48 Bond ............................................................................................. 49 Indemnification of Employees ..................... 50 III BY-LAWS General Provisions .... .................................................. 51- 57 Infraction of By-law ..... _ ........... _............................ 58 Quashing of By-laws ................................................... 59- 61 POWERS AND DUTIES OF THE COUNCIL Raising of Revenue ..... -.............................................. 62- 63 rVloney By-laws ..... _ .......... _ ........ _ ............ _....................... 64- 72 31 CHAP. 1

CHAP. 1 MUNICIPAL P.-\RT Sub,iert Powers and Duties of the Council (continued) Highway By-laws .......................... _ ... . Building By-laws ........................................ .. Zoning By-laws ............................ . Land Subdi\'ision By-laws ........... . Fire Prevention By-laws ................................... . Local Improvement By-laws Public Health Ry-laws Garbage Collection By-laws Li\'eries By-laws ...................... . Domestic Animals By-law ................... . Ctility Franchises By-laws ................... . Indigents By-laws..... . ............. ..

General By-laws relating to Protection of Persons and Property .................... . Professions. Trades and Business By-laws ....... ............... .. . l\liscellaneous By-laws .. ....

Section 73- SS 86 87 88 89 90-96 97 9S- 99 100 101 102 103-106 107 10S-117 IIS-120 IV MU:\ICIPAL TAXATIO:--;r . ) .)- Estimates .... 121 Levy of Real Property Tax ........................ 122-123 Real Property Assessment ............................ 124-127 Assessors and Assessment Rolls ...... 12S-131 Information for Assessors ........................ 132-133 ~on-performance of Duties by Assessors .............. . Valuation ............................................................... . Return oi the Real Property Assessment Roll ....... ..

Ad()ption of Existing Assessment Roll ... ;'\()tice of Assessment and of Sittings of Court of Revision 134 135-137 138-140 141-143 144 ·J)efects in Form.. .......................... 145 ........ ...... 146-163 Appeals from Court of Revision. Tax Roll Collt:.:tiun 'Ji Taxe~ 1:I11o.;inc~s :\s<essmcnl ami Tax 164-170 171-173 174-177 17S-IAA

PART MUNICIPAL Subject Municipal Taxation (continued) Services Tax ............................................................... . School Tax .................................. _ ...................................... . Remedies to Enforce Payment

Section 189-193 194-198 of Taxes .......................................................... 199-212 Sale of Real Property for Taxes ................. 213-231 Redemptiun ................................... _ ........................................ 232-235 Cancellation of Arrears ................................ 236 V ELECTIONS VI Municipal Electiuns ................. . ........ 237-244 Election Officers .................................................. 245-251 List uf Electors . 252-265 Nominations ............................................. 266-275 Pruceedings before the Poll ........ .. 276-280 Proceedings on Polling Day ........................ 281-300 Recount .................................................................................... 301-306 By-election .......... . ......................................... 307-308 Voting Ry-Ia" .. s ........................................................ 309-311 Corrupt Practices, Bribery, Personation, etc .............................. _ ............... 312-3]3 penalties ....................................................................... 3]4-316 CONTROVERTED ELECTIONS Petition and Serurity ... _ ............... .

Trial ........................................................................ . Judgment ....................... . Withdrawal of Petitiun ............ . Abatement of Petition. Costs ACTIONS, SUITS AND EXECUTIONS 317-322 323-328 .. 329-331 332-334 335-337 338-339 340-349 VTI MISCEL' .ANEOUS PROVISIONS General Offences and Penalties .......... 350-352 Appointment of Administrator ...................... 353-363 Inspector of Municipalities .......... 364 Transitional and Repeal.. .................. .... 365-367 33 CHAP. 1

CHAP, 1

Short title, . Ddinitions, I 'Alderman". "Asses90r" . "Auditor". "Clrrk". "Council". "Elector", "Highway". "I..and". "Mayor". .. ~funi~i­ pality", MUNICIPAL

CHAPTER OR))I~i\:-':CES OF THE YUKON TERRITORY 19,;9 (Second Session) A~ OR()[XANCE RESPECTING MUNICIPALITIES (Assented to December 22ud, 1959,) The Commissioner of the Yllkon Territory, by and with the advice and {'onsent of the Council of the said Territory, enacts as iollo\\,s:

SHORT TITLE 1, This Ordinance may he cited as the Municipal O,.dinance,

INTERPRETATION 2, In this Ordinance, (a) "alderman" means a member of a council elected as an alderman; (b) "assessor" means the assessor of a municipality: (c) "auditor" means the auditor of a municipality: (d) "clerk" means the clerk of a municipality: (e) "council" means the council of a municipality; (f) "elector" means any person who is eligihle to vote at an election held under this Ordinance; (g) "highway" includes a street, road, lane, bridge, viaduct and any other \vay upen to use by the public and all road allowances made thercfur but does not include a private right of way; (h) "land" means the soil or ground without improvements and includ.:s all suhstances in or under land other than mines or minerals; (i) "mavor" means the mayor of a municipality; (j) "municipality" means any portion of the Territory established as a municipality under this or any other Ordinance; 34

MUNICIPAL CHAP. 1 (k) "occupier means an uccupler of land and includes the "Oc(upier", resident occupier of land or, if there i:; n() resident occupier, .the perstlll entitled to the p()ssession thereof, a leaselwlder and a person having or enjoying' in any way f()r any purpose whatsoever the use of land other- wise than as owner, whether or not the land or part thereof is an unsurveyed area, and also includes a sC(uatter; (I) "owner" means an uwner of real property and includes a person having any right, title, estate or interest in real property other than that of an occupier or mort- gagee; (m) "ratepayer" means a person whose name appears on the current assessment roll of the municipality, or in the case of a municipality having no assessment roll, any person who owns assessable property therein: (n) "real property" means land and all buildings, fixtures, machinery, structures and things erected upon or under or affixed thereto; (0) "taxes" means taxes imposed by this Ordinance and includes any interest or penalties payable in respect of unpaid taxes as provided in this Ordinance; and (p) "trustee". includes an executor, administrator, guard­ ian, committee, receiver and any person having or taking upon himself the possession, administration or control of property affected by an express trust, or having by law the possession, management or control of the property of a person under any legal disability.

PART T. INCORPORATION 3. The Corporatioll of the City of Dawson, established hy the Mllnicipal Ordil1al/ct'.

Chapter i9 of the Rn'iscd Ordill:llln~,; of the Yukon Territory, 1958, is continued and its h()un(brics arc as set ()ut in

Schedule A. 4. The Curporation of the City of Whitehorse e:;tablishl'd hy the MlIl1icipal Ordinal/ce,

chapter 79 of the I\e\'isl'd Ordi­ nances of the 'l:ukon Territ()ry. 1958. is ctllltilll1l'J ilnd its houndaries :Ire as set out in

Schedule n. "Owntr ", "Ratt:'fJa)'("r", "Real prop .. I)· ... "Taxt's", CilvOr \Vhiltho~ ~l'

CHAP. 1 E~I:,bllShmf'nl "j MlInici­ ,.:diry. {OIlIt'llre; or ~,"'i tinn rfl~ Int''III'llral1on. MUNIOPAL 5. (I). The Commissioner may by proclamation, upon rl'~cipt of a petition described in subsection (2), establish any area of land in the Territory as a municipality if he is satisfied that ~onditions of settlement in that area render desirahle the establishment of a municipality. (2) i\ pctiti"n fur the incurpuration of a municipality shall (ontain (

a) the prop;)sed name uf a municipality: (

h) a description of the land sought to be included In the municipality: (

c) a statement showing the total number of persons then resident there in the area, and the number of residents of the full age of twenty-one years: (

d) a statement indicating that public notice of intention tl) apply for incorporation as a municipality has been gi ven unce in each week for two consecutive weeks in a newspaper published or circulated in the area sought to he included in the municipality; (

e) the signature of at least three-fifths of the residents of the area sought to he included in the municipality who in the case of natural persons, are of the full age (If twenty-one years and are owners of real property in the "rea, together with a legal description of the real property owned by each such signatory and the date of each signature: and (

f) such other information as the Commissioner may, from time to time. direct to be included therein. Id~m. (3) .\ petition for incorporation shall be accompanied by a (·,,,,f(·n.~ ur I'rr,rI a rn:1 t IOU fI~ illl'orl'ora' Ilf'II. statutory declaration of one or more of the petitioners attest­ ing- to the best of his knowledge and belief the number of persons entitled tn sign the petition, their names, the authen­ ticity (If the signatures to the petition and the publication of the notire of intention to apply for incorporation. 6. The proclamation incorporating a municipality shall specify (

a) the name ;m<l the hounduies of the municipality: (

h) the time fllr the election (,f the fIrst council;

MUNICIPAL (

c) the respective terms for each member of the council elected at the first election; (

d) the returning officer for the first election; (

e) the amount that may be borrowed to meet the current necessary expenditures of the municipality in the year of incorporation and, if the Commissioner deems it expedient, for the year followinl:! incorporation; and (

f) such other matters as the Commissioner may deem necessary and proper. 7.

(1) The Commissioner may, upon recclpt of a petitIOn from the council of a municipality issue a proclamation alter­ ing the boundaries of that municipality, including the boun­ daries of those municipalities set out in

Schedule A and 13 hereto.

(2) No proclamation altering the boundaries of a mUOlCI­ pality shall be issued unless the petition requesting alteration has received the assent of (

a) two-thirds of the ratepayers of the municipality voting thereon, and (

b) at least three-fifths of the residents of the area sought to be included in the municipality who in the case of natural persons are of the full age of twenty-one years and are owners of real property in the area.

(3) A corporation that is carrying- on business in the area soug-ht to he included in the municipality and is the owner of rcal property in that area is, for the purposes of subsection (2), a )-esident. 8. Every proclamation incorporating a municipality or alte)-ing the boundaries thereof shall be published in onc issue of the Y"kol/ Gazelle and in one issue of a newspaper published or circulating in the municipality_ DISSOLUTION 9. (

I) Upon receipt of a petition signed hy a majority of the electors ofa municipality who arc owners of real property within the municipality assessed at a value of more than ol1e­ half nf I he tnlal assessed value for municipal purposes of 37 CHAP. 1 Altf:"ring' municip;d blundarit~. Rat.".)'«. 10 appron!' alteration. PubliCtltit,l11 of proclam<ltiol1. P~tition lor dissolul ion.

CHAP. 1 Prtilion tn ,,1'0\ icl\' in!' \\indiuf;-lIP .\!-"l (:; trttn ... · h:1'I ("11 tn CUIII- 111I:'''lllncr. Colltction 01 outstanding I.u;:es. Id.m. Rt'gulatinns n":-opt'ctil1M' cli .. c;c,lutiol1. Certain corf'l'Or· .. Iilllls cll't:l1Ied ,,- .. jllt-IU o\\'nl. :'5 of real prol',-rty.

MUNIOPAL taxable land and improvements in the municipality, the Com­ missioner may, by order published in the Yukon Gazelle, dis­ solve a municipality. (2) .-\ petition for dissulution of a municipality shall make tlue pro,·ision fur the winding-up of the corporation and for the payment and discharge to the satisfaction of the Commis­ ~iollcr (.i all debts and ubligations of the municipality. (3) l'plln diss(llution of a municipality all property and a,;sets of the municipality shall be transferred to the Com­ mi",.;ioner of the Yu\':()ll Territury under such terms and conclitions as the Commissioner may deem expedient and all taxes imposed hy the municipality remaining unpaid shall he deemed to be taxes imposed under the T axalion O,.dintlnu as of the date of the imposition of these taxes.

(4) Where a municipality is dissolved at a date prior to the imposing of the taxes for the calendar year in which dissolution takes effect, all real and personal property within the boundaries of the municipality so dissolved is liable to assessment. taxation and the levy and collection of taxes for all purposes in that year in accordance with the provisions of the Taxation Ordinance.

(5) The last revised real property assessment roll of a municipality that has been dissolved may be used for the purpose of levying and collecting taxes therein under the Taxation O,·dinance.

(6) The Commissioner may make such Regulations as he deems necessary for the dissolution and proper winding-up of a municipality. 10. A corporation that is carrying on business within a municipality or an area that is sought to be incorporated as a municipality and is the owner of real property in that municipality or area is, for the purposes of

section 5 and 9, a resident uwner or real property. and the authority given by a corporation to its representative or agent to sign a petition for incorporation or dissolution shall accompany the petition. 38

MUNICIPAL

PART 11. GOVERNMENT AND PROCEDURE MUNICIPAL COUNCIL 1 \.

(1) Subject to this Ordinance, the council of a muni­ cipality shall consist of the mayor and three aldermen.

(2) The council of the municipality of the City of White­ horse shall consist of a mayor and four aldermen. 12.

(1) On application of the council of a municipality the Commissioner may by proclamation increase the number of aldermen of that council to six in the case of \Vhitehorse and to five in the case of any other council and may fix the first term of office thereof.

(2) A· proclamation under subsection (

I) shall nbt take effect until the next ensuing election for aldermen. CHAI'. 1 .\ll·lHb~r:;hi.p or council. Council or th~ Lit)" or \Vhitt>horsC'. Increase of CDullcil~ bv proclamation. - Wh~n 10 lake ~ff<Cl. 13. Every municipality is a body corporate to which the Municipalily body provisions of

section 13 of the InJerprelaJioll Ordinance shall corporale. apply. 14. The pOwers of every municipality shall be exercised by the council of the municipality. IS. Subject to this Ordinance, the mayor and aldermen of a municipality shall hold office from 12 o'clock noon on the first Monday after the first day of January following their election, or from the time of their swearing in, whichever is the I<'ter, until twelve o'clock noon of the first Monday after the first day of January two years later or, in the case of the mayor, until his successor is sworn in. 16.

Every person who is elected mayor or alderman of a municipality shall, before taking his office, take the Oath of Office set out in Form A of

Schedule C and the Oath of Allegiance as set out in Form B of that

Schedule before a jwJg-e, police magistrate, justice of the peace or clerk of the municipality. and shall procure from the person administering" the oath the completed oath or a copy thereof which, before taking- his se:!t on the council. he shall deposit with the clerk. 39 PO~·t'rs of municipality. Terms 01 office or alderm~n and mayor. OOlh. or JlI:J.yor and aldermen.

CHAP. 1 J·lace 01 ml't:tings of ("r)Uncil. ~It·('tings to be: OPt"lI. First nlt"tting of council aher fir!'t clrction. t·irst m('('ling aht"r liJeneral rlt'ction. SUbS~(IUent meoetings. Sp.cial mr-etings. Nntice. Time b.t,,·een nollce and mrt:ting. MUNICIPAL MEETINGS OF COUNCIL 17. The cuuncil of every municipality shall hold its meet­ ings and transact all business of the corporation within its own boundaries, unless otherwise provided by resolution of the council. 18. At all meetings of the council a majority of the total lll1m I )er of mem hers requi red tu constitute the council shall iorlll a quurum. 19.

E\l'ry council shall huld its meetings, other than com­ mittee meeting-so openly and no person shall be excluded from any "pen meetings except for improper conduct. 20. (

I) The first meeting of the council following the first election held in the municipality shall be held within thirty days following the date of the election, at such time and place as. may be fixed by the Commissioner.

(2) The first meeting of the council following any general election shall be held prior to the 15th day of January next following- the date of the election. 21. The council shall hold at least one meeting each month, at such times and places as may be fixed by resolution of the council. 22. (

I) A special meeting of the council shall be called hy the clerk when he is required to do so in writing by the mayor or by any two aldermen.

(2) A written notice stating the time when. the place where and in general terms. the nature of the business to be trans­ acted at a special meeting, shall be given by the clerk by posting a copy thereof at the municipal office and by sending olle copy of the notice to each member of the council to the place at which he has directed notices to be sent.

(3) Twenty-four hours shall elapse between the time of posting- and sending of a copy of the notice of a special meet­ ing and the holding of the meeting, and no business other than that stated in the notice shall be transacted at that meeting- unless all members of the council are present and agree thereto. 40

MUNICIPAL 23: The cuuncil may by by-law makc rules for calling l11l:etings, gu,·crning its pruccedings, thc conduct of its mem·­ oers. thc appuintmcnt of committccs and generally for thc transaction of its busincss. 24. (

J) All acts authorized or required to be done by council shall. except where otherwise provided in this Ordi­ nancc, be done or decided' by a majority of the members of the council prcscnt at a meeting.

(2) Where the votes of the members of the council present at a meeting thereof including the vote of the mayor or deputy mayor arc equal for or against a question, the ques­ tion shall be deemed to have heen decided in the negative. 25. (

I) The council may oy by-law provide for an allow­ ance not exceeding in anyone year the sum of (

a) five hundred dollars for an alderman and one thousand dollars for the mayor where the population of the municipality is two thousand or less, and (

b) seven hunched and fifty dollars for an alderman and two thousand dollars for the mayor where the popula­ tion or" the municipality is over two thousand.

(2) The council may by by-law provide that a portion of the allowancc to lIe paiJ to the mayor ur to an alderman shall he paid as remuneration for expenses necessarily incidental to the discharge of the duties of his ofliC(~. 26. (1) \Vhere an alderman fails tll attend meeting"s flf the council for a pcriod of three consccutive months, hi!'. scat shall become vacant.

(2) Subsection (

I) does not a pply where an alderman has received permission to absent himself from the council by a majority votc of the council at a regular meeting thereof. which permission shall in no case be for a period in exccss of six months. 27. A mayor or alderman may resign from his office by suomitting his resignation in writing to the clerk. 41 CHAP. 1 P..-ocedUh' nf council. At a.;orit)' vote of council. Ti~ in ,·oting. ReIllUlh.·ration of m:\\"nr and alrlC'rrill'lI. Other expenst's. Failun'or alderman to attend m~l"Iillgs. Savi!,~ prOVISion. Rtsignalion n£ mrmb.,rol c.ouncil.

CHAP. 1 Commilt~e inquiry. Comnlittee may e)[erci~e rower of council. Summoning 01 y."itnrsses. "'itnrs9 fees. Evidence to :nl:;~~tb. Mayor. Deputy mayor. Duti •• 01 presiding ollicer. MUNIOPAL 28. (\) The council may from time to time appoint a committee to consider or inquire into any matter relevant to the administration of the municipality and to report its findings and opinions to the council.

(2) The council may, by a vote of not less than two-thirds of all its members, delegate authority to a committee to exercise any of the executive or administrative powers of the council except the power to borrow money, pass a by-law or to authorize the entering into of a contract. 29. (\} The council, or any committee thereof, shall have the power, under the signature of the mayor and the seal of the municipality, to summon witnesses for examination on oath as to any matters connected with or relating to the administration of the municipality.

(2) Every witness served with a subpoena issued by a council or by a committee of a council and paid the witness fees required in an action before a judge shall attend and gi ve evidence to the council or any committee thereof.

(3) All evidence before the council or a committee thereof shall be given either under oath or affirmation. OFFICERS AND OTHER EMPLOYEES MAYOR 30. The mayor of a municipality shall be a member of the council, shall preside over all meetings of the council and shall be the head and chief executive officer of the corporation. 31. The council may, by resolution, appoint from among its members a deputy mayor who shall, while acting as head of the council in the absence, illness or other inability of the mayor, perform and exercise the powers and duties of the head of the corporation. 32.

At all meetings of the council the presiding officer shall maintain order and decorum and decide all questions of order ~uhjcct to appeal to the council as a whole. 42

MUNIOPAL 33.

(1) The mayor of a municipality shall (

a) be active in causing the laws governing the mUnICI­ pality to be duly executed; (

b) communicate from time to time to the council all such information and recommend such measures as may tend to the betterment, prosperity and good government of the municipality; (

c) direct all officers and employees of the municipality in the conduct of their work and direct the management of the business and affairs of the municipality; and (

d) suspend where necessary an officer or employee of the municipality and cause officers and employees to be prosecuted and punished for any negligence, careless­ ness or violation of duty on their part.

(2) Where the mayor suspends any officer or employee, notice thereof shall be reportea to the council at its next meeting and the council may reinstate that officer or em­ ployee, confirm his suspension or dismiss him. CLERK CHAP. 1 Dulies 01 mayor. Suspension 01 munidpal officer or employ~. 34. The council shall by by-law appoint a clerk who shall Clerk. hold office during the pleasure of the council and who shall, in the absence of any other person so appointed, hold the office of assessor. 35. The clerk shall (

a) have custody of the corporate seal of the municipality and cause it to be affixed as required; (

b) attend all meetings of the council and truly record all resolutions, decisions and other proceedings of the council; (

c) prepare, maintain and safely preserve the minute books and other records of the transactions and other business of the council and its committees; (

d) keep the original of every by-law of the council after having seen to its proper completion; 43 Duties 01 clerk.

CHAP. 1 'l'rrasurrr. Dulies of 1r~asurcr. MUNIOPAL (

e) furnish copies uf by-laws to any person applying there­ fur and may charge such fee as council may prescribe: (

f) administer oaths and take and receive affidavits and declarati()ns within the municipality required to be taken undcr this Ordinance or any other Ordinance re­ lating to municipalities; and (

g) pcrf()rm such other duties as the council may direct. TREASURER 36. The council shaIl by by-law appoint a treasurer who shall hold ofi1rc during the plcasure of the council. 37. The treasurer shaIl (

a) keep all funds and securities of the municipality; (

b) collert and receive all monies helunging or accruing to the municipality from whatever source and deposit the same to the credit of the municipality in a chartered hank designated by resolution of the council: (

c) disburse the funds of the municipality in accordance with the procedure for so doing as provided by by-law; (

d) keep a complete and accurate account of all monies received or disbursed by him on behalf of the munici­ pality; (

e) keep a complete and accurate account of all assets and liabilities of the municipality and of all transac­ tions affecting the "financial position of the municipality; (

f) from time to time in accordance with directions receiv­ ed from council prepare a financial statement of the municipality; (

g) compile and supply any information relating to the financial affairs of the municipality from time to time required hy the Commissioner; (

h) sign cheques ordered to Le issued by the council; and 44

MUNICIPAL (

i) perfurm such other duties a!' the council may direct. 38. The treasurer shall within one month after entering­ upon his duties furnish to the municipality security in a penal sum to be named by the council for the true and faithful per­ formance of all duties required of him which shall be in the form of a guarantee bond of a guarantee company authorized to do business in Canada or such other security as the council may deem sufficient. 39. (

I) In the absence of the treasurer, the council may by resolution appoint an acting treasurer who shall during the absence uf the treasurer perform amI exercise the powers amI duties of the treasurer.

(2) The acting treasurer shall, if he continues in office f~)f more than one month, furnish security in the same manner as requi red of the treasurer. 40. The council may provide for the payment by the muni­ cipality of the premiums on any hond required of a treasurer or acting treasurer. ASSESSOR 41. The council may from time to time by resolution ap­ point an assessor to perform the duties specified in this Ordinance and such other related duties as are specified by t he council. AUDITOR CHAP. 1 Treasurer 10 be bonded. Acting trlE."3sUflE."r. Acting treasurlE."r to be bond«!. Municipality may 1'")' bond pre:mIUIn5. Assessor. 42. (

I) The l'Uuncil shall by by-law appoint as audit()r Auditor. one or more persons satisfactory to the Commissioner. hut no person shall be so appointed who, at the tim.: of his appointment or at any time during the immediately preceding' fiscal year of that municipality is or was a member of the c(lllllcil, is or was the treasurer of the nIunicipality. or has or h;ts had. directly or indirectly. alone or with ;lIlY other person. any share or interest in any contract or employment with. or fin I,ehalf of, the municipality. ()thcrwi~e than as auditor.

(2) Every auditor aplJl,inted a,; prtlvidcd in subsection (I) ,;hall h .. ld "nice during pleasure ()f the council. 45 "1\'n1lre of oniCt".

CHAP. 1 Corporations and partner­ ships. Uuties nr auditor. Auditor·s r~porl to be sul.ul1irted to council. Publication 01 nport. lnsp«tioa. MUNIOPAL

(3) Any incorporated company or partnership maybe ap­ pointed as auditor. 43.

(1) The auditor shall, at such intervals as the council may by resolution prescribe but at least annually, (

a) audit and report upon all books and accounts relating to the affairs of the municipality or relating to any matter under its control ur within its jurisdiction; (

b) prepare a report of any expenditures made contrary to this Ordinance or to any by-law or resolution of the municipality; (

c) prepare in such form as the Commissioner may direct a statement certified by the auditor of the revenues and expenditures of the municipality to the end of the preceding fiscal year of the municipality; (

d) prepare a statement, certified by the auditor, of such of the assets and liabilities of the municipality as in the opinion of the Commissioner· are required to show the financial position of the municipality as at the termination of the fiscal year; (

e) prepare a statement showing the total outstanding de­ benture debt of the municipality; and (

f) send a copy of each report and statement to the I n­ spector of Municipalities and to the mayor.

(2) The mayor shall submit each report and statement prepared by the auditor to the council at the meeting next following receipt thereof hy him.

(3) The treasurer shall publish in a newspaper circulated in the municipality, if any. a copy or

summary of each report and statement prepared by the auditor and shall print such numbers of each report and statement as the council may direct. 44. Every elector of the municipality may inspect any re­ port or statement prepared by the auditor and may, by him­ self or his agent and at his own expense, take a copy thereof or ext ract therefrom. 46

MUNIQPAL OTHER EMPLOYEES 45. The council may by resolution appoint such other officers and employees as the council deems expedient for the proper carrying out of the business and good government of the municipality and may define their duties and responsibil­ ities. SALARIES AND CONDITIONS OF EMPLOYMENT 46. The council may by by-law provide (

a) for the remuneration, hours of work and conditions of employment of all officers and employees of the council; and (

b) for the payment of superannuation benefits to such officers and employees as the council may specify and for the contributions if any to be made by any such officer or employee for that purpose. 47. No officer or. employee of a municipality shall be dis­ missed except for cause. OATHS 48. Every officer and employee appointed by council shall before entering into his duties take and subscribe the oath set out in Form C of

Schedule C and the oath of allegiance set out in Form B of the said Schedule. BOND 49. The council may designate the officers and employees not designated by this Ordinance who shall be bonded, fix the amount of such security and provide for the premiums to be paid by the municipality. INDEMNIFICATION OF EMPLOYEES 50. Where (

a) an action or prosecution is brought against an officer or employee of a municipality in connection with the performance of his municipal duties, or 47 CHAP. 1 Other t'mployt't'~. Salaries and c.ondilioll~ of employment. No dismissal except (or cause. Officer and employee to take oath. Bonding 01 officers and employees. Ind .. mninca· tion of ofticers, employees and tnt'mik-rs of council ill ;Iclion~ 01' proseclItions.

CHAP. 1 MUNIOPAL 11"", I"''''''' F:JItrcls,-"d. l<i.m. Majority \'OU" of cotlllcil. Form 01 by·I ... · •. '1\'·10'" to h;,\'\' Ihr~e rr~clings. Eddl'nc~ of by·law. ('''pr flf Lv· I .. \\" toM r,;)!<otrfl. (

b) an inquiry ur other proceeding involves the adminis­ tration of any part of the municipality or the conduct of any part of the business thereof, the coum"il may, hy a ,'ote of not less than two-thirds of all its members, pay any sum required for the protection, de­ fenc;; nr indemnilication oi a member of the council or an ufficer IIr employee of the municipality inrluding any costs net"cs~arilv incurred or damages recovered. PART HI lW-LAWS GENERAL PROVISIONS ::. I. (

I) The council uf every municipality shal1 act in the exercise of its powers and duties by resolution or by by-law.

(2) The council may act in the exercise of any of its powers or duties by resolution unless by this Ordinance it is required to ;\l"t by by-law . . ;2. Except as otherwise herein provided, no resolution or by-law of a council shall be valid unless passed by a ma­ jority vote of the members of the council present at a duly constituted meeting of the council. ::'3. Every hy-Iaw shall be in writing under the seal of the municipality and shall be signed by the mayor or person presidin~ at the meeting- at which the by-law is finally passed and hy the clerk. 54.

En>ry hy-law shall have three distinct and separate reading-s hefore it is finally passed, but no more than two readings of a hy-Iaw shall be given at anyone meeting except with the unanimous ("onsent of the members of the council prl"~ent. SS. A copy of a by-law under the seal of the municipality and certified by the clerk to he a true copy shall be received in any court of law as eviuence of the due execution or" the contents thereof without further proof. 56. (

I) Copies nf every hy-Iaw made under this Ordinance shall he posted prqmptly in a conspicuolls place in the muni­ cip;t\ office of the municipality, and a copy uf the by-law shall 4R

MUNICIPAL he ior\\"arclcd to thc Cornll1i~:-;i'JIlL'r \\·ifhin ten da\·s after the passing thereui. CH.,\P. 1

(2) The C,,,nmissioner may disallo\\" ;\I1Y by-law made lIis;ollo,,";oT"·'. under this Ord;n:tncc at ;,ny time \\·ithin one year after its passa.t:·c for any reason that to him seems proper. 51. \\·here thc council has ;Ilulll,rity to dircct l)y In·-Iaw that a m;ltter or thing shall I,l' done hy any per!'on, the c, 'unci!. hy thc :-;amc ur another h.'"-b\\·, may also direct that in dciault of the mattcr or thing hl'ing clone by that person it :-;hall hc done at the cxpense of that person. and the muni­ cipality may recovcr the expenses thcreof with costs by action in an\" court of cumpetent jurisdiction.

INFRACT!ON or flY-LA\'\' 58. Even· perslln who \·iulate:-; "r fails tu comply with the provisions of this Ordinance or with any hy-Iaw made there­ undcr in respect of which no penalty is specifIed is g"uilty of an offence and liahle on sumniary con\·irtion to a rllle not cxt"Cclhlg onc hundred dollars or to imprisonment for a term nut exceeding onc month or to both fine and imprisonmcnt.

QUASHING OF DY-LAWS 59. (1) r\ juilge. upon applicatiun by an\" resident of a r.1tlllicipality or hy any pers,m interested 111 a I'y-Ia\\" of tlH' municipality. may quash :1 I,y-Iaw in wh()1e or in part for illcg-ality and may aw.ard costs uf Ihe application according to ,he result thereof. (2) :\oticc of the application referred 10 in suhsccl ion (I) "hall he scn·cd upon the municip;dity at least sc\'cn da.\":-; prior to the datc upon which Ihc application is to he madc. :1I1d thc applicant shall pay into court the slim of one hundrcd dollars ;IS :-;ccurit\" for :I1lV co:-;Is that Illa\· he a\\'arded again:-;I hi 111. 60.

(1) No applicati'lIl shall hc madc to ql1;lsh a In·-Ia\\" flf a lllunicipality aftcr the l'xpiration of two months folio\\'­ ;ng the final passing of the by-b\\". Art:-. 11011 ... · .It ,':\pcns,·s 'll I't'r~nl1 li:lhh-. Infractioll Il( by·bw. Appli,-:lIillll tu ql1:lsh by-bw. Notin·.d apl'licllillll. 1..i11l1l.lli"lI 1"'1 i,"! (2) 0Jotwith~tanding sul,:-;cclitln (1). \\"IH'I"l' a h\·-Ial\' I"l'- I,k,,,. qt11nng the a~Sl'J1t CIf the l'lcrlClrs Clr r;ltl'p;lyl'r~ "f the 1ll1lJ1i­ '·:l,:dily h;ls 11'" hl'l'J1 ~lIlJ1llittl'c1 ICI o,r h:l:-; liCIt rCl"l'i\ccI tht'

CHAP. 1 !\olic~ O( #\clion on illegal . by· laws. Aclion 10 ~ broughl against municil·ality. Raising of rc'"cnues. Powers to borro,,·. Aml,ullts borrowed 10 ~ ,.harged 011 n:vrnue. Authorization to issue debentures. AlI1uUtll t., .. rrnw,·rl to be lI .. t·rlr,,!' pllqw,se slal.d. MUNICIPAL assent of the electors or ratepayers. application to quash that by-bw may be made at any time. 61. (1). Where a by-law is illegal in whole or in part and where anything has been done under it that by reason of the illegality gives any person a right of action, no action shall be brought until one month after notice in writing of inten­ tion to bring the action is given to the clerk.

(2) Every action referred to in subsection (1) shall be broug-ht against the municipality alone and not against any person acting under the by-law. POWERS AND DUTIES OF THE COUNCIL RAISING OF REVENUE 62.

Subject to this Ordinance, the council may pass by-laws providin~ for the raising of revenue by the imposition and collection of a tax upon real property in the municipality and by the imposition and collection of a' business tax and a services tax. 63. (\) The council may pass by-laws authorizing the mayor and clerk to borrow on behalf of the municipality such sums of money as may be required to meet the expendi­ tures of the municipality until such time as the taxes levied therein can be collected, but not exceeding in the aggregate seventy-five per cent of the estimated revenue of the muni­ cipality for the then current fiscal year.

(2) All amounts of money borrowed pursuant to sub­

section (

I) on behalf of a municipality and all costs thereof shall be repaid out of and shall be a first charge upon the revenue of the municipality for the fiscal year in which the loan is made. MONEY BY-LAWS 64. (

I) Subject to this Ordinance, the council may by by-law authorize the borrowing of money for municipal purposes on the security of debentures of the municipality issued in accordance with this Ordinance.

(2) No money borrowed by a municipality on the security of debentures shall be used for any purpose other than that stated in the by-law, except that if, on completion of the 50

MUNIOPAL work for which the money was borrowed, there remams an unexpended balance, the balance may be used by the muni­ cipality (

a) for the payment of any interest payable m respect of the debenture issue, (

b) for the repayment of the principal amount of the de­ benture or any Jlortion thereof, or (

c) fur such uther Jlurposes and upon such terms and con­ ditions as the council with the approval of the Com­ missioner deem!' expedient. 65..

(1) No by-law fur borrowing- money on the security uf debentures shall be valid unless, priur to the third reading thereof. it has been submitted \0 and approved by the Com­ missioner and has received the assent uf two-thirds of the ratepayers in the municipality voting thereon.

(2) Prior to the third reading of a by-law for borrowin'g money on the security of debentures. the council s.hall make application to the Commissioner for approval of the loan altd shal1 transmit with the application a copy of the proposed by-law certified by the clerk.

(3) Upon receipt of the application and by-law referred to in subsection (2), the Commissioner shal1 take such action thereon as he deems advisable and, if he approves the loan. he shall forthwith notify the council of the terms of his approval.

(4) The council shall, upon receipt of the notice of approval of the by-law by the Commissioner, suhmit the hy-law to the ratepayers of the municipality at the next general election or. if the Commissioner approves, to a special vote by the ra tepayers. 66. A copy or synopsis of every money by-law to be voted on. shal1 be posted in at least four puhlic places in the muni­ cipality for at least two weeks immediately preceding the date fixed for voting on, the by-law. 67.

No municipality has power to pass by-laws contractin~ debts in excess of twenty per cent of the total assessed value 51 CHAP. 1 Approval 01 by-law by Commissiun"er and rate· payers. Applicaliun 10 be made 10 Commissinn~r. Idem. Submission lo raleIl3yer!'. f'opy·n( by· law \11 bt- l'I(lstl"ll. Limilali'HI nn IH,)""':; in ~"rn"~,by il,·b.,',nlur':.

CHAP. 1 Foron o[ by·law. MUNIOPAL of real property in the municipality liable to taxation In accordance with this Ordinance. 68.

(1) A by-law to borrow money on the security of debentures shall show in detail (

a) the amount proposed to be borrowed; (

b) the purpose fur which the expenditure is to be made; (

c) the term of the debentures to be issued; (

d) the rate of interest payable thereon; and (

e) the method of repayment; and every such by-law shall recite that the consent and approval of the Commissioner has been obtained if such is the case. ldenl.

(2) Every by-law to borrow money on the security of debentures shall, subject to subsection (1), by its terms (

a) authorize the issue of the debentures for the amount of the debt to be created thereby; (

b) specify the amount or denominations thereof; (

c) fix the rate or rates of interest payable thereon; and the places where and the times when the principal and interest shall be payable; (

d) provide for the levy of an annual rate or rates suffjcient to pay the principal and interest of such debenture; and (

e) generally be in such form and contain such further provisions as are required by the Commissioner. 69. (

I) If the indebtedness of a municipality incurred by the horrowing of money secured by debentures is to be made repayahle at the end of the period of years during which the debentures are to run, the by-law shall provide for raising each year during the currency of the debentures (

a) a specific sum sufficient to pay the interest for that vear on the dehentures when and as the interest pay­ ments ·fall due. and (

h) by way of a sinking fund, a specific sum that, with the estimated interest at a rate not exceeding four 32

MUNIOPAL per cent per annum capitalized yearly, will be cumula­ tively sufficient to pay the principal of the debenture at maturity.

(2) All sums referred to in subsection (1) shall be added each year tu the amount uf the other rates and taxes of the municipality and collected therewith. 70.

(1) With the approval oi the Commissioner a by-law 1(1 hurruw money on the security (If dehentures may provide thal all ur any of the dehentures authorized to be issued thereunder shall be redeemable at the option of the muni­ cipality at such time or times as the municipality may find it possible to redeem them.

(2) Where a debenture is redeemed prior to maturity, the redemption shall nut affect the validity of any by-law by which taxes have been imposed in respect thereof, the validity of the taxes .. r the power of the council to continue to levy and collect the taxes in respect thereof. 71. (

I) If a majority of the ratepayers voting on-a by-law to hurr!)\\' on the security of debentures approve the by-law, the L"l>uncil shall gi\'e the by-law third reading-, pass the same and isslle dehentures of the municipality accordingly.

(2) The debenture and interest coupons shall be iQ, a form approved by the Cummissioner and shall be signed by the mayor and the clerk and scaled with the seal of the muni­ cipality.

(3) No debentures shall be issued for a term m excess of twenty years. CHAP. ·1 Amounts to be a,t.tetl to taxes. Werlf'I11I'lion. Redemption prior to maturity. Issue 01 debentures. Term 01 d.bentur< and coupons. Form 01 debentl1us.

(4) All debentures and coupons shall hear interest at the IntmSl. same rate after as before maturity.

(5) The debentures and coupons mav be made payable at any place in Canada. 72_

(1) Every debenture before being issued by a muni­ cipality shall be forwarded to the Commissioner who shall cause a proper record to be kept (lf that dehl'nture. 53 Wh~~ paY;lbllL'. Deb..·nlllh' ft'ford III br kept hy C«lllll11issiOIlt'r.

CHAP. 1 Debenture to be COlllllt:r­ signed by Commlssloner .. 1Jt"~ntures indefeasible as security. Highways. Jurisdiction over high..,~ys. l\uisanc~s. Hilfhways ifl be krpl in rrpair. H.esl'K>llsibillty or munici· pality. MUNIOPAL

(2) The Commissioner, if satisfied that the requirements of this Ordinance have been substantially complied with, shall countersign the debentures of a municipality and the signature of the Commissioner shall be conclusive proof (

a) that the municipality has been legally constituted and that all formalities in respect of the authorizing by­ law and the issue of the debentures have been complied with, and (

b) of the legality of the issue of the debentures, and the validity of those debentures shall not be questioned in any court in the Territory.

(3) Each debenture issued by a municipality shall be a good and indefeasible security in the hands of any bona fide holder thereof to the extent of the assets of the municipality issuing it. HIGHWAY BY-LAWS 73. All allowances made for roads in any municipality, all roads laid out pursuant to any Ordinance or by-law, and all roads dedicated to the public use shall be deemed, for the purposes of this Ordinance, to be common and public high­ ways. 74.

Subject to this Ordinance and to any rights reserved by any person laying out or dedicating a highway, every municipality has jurisdiction over all highways within the limits of the municipality and the management and control of all the highways shall be vested in the municipality. 75. Except as authorized by by-law of the municipality, no encroachment or nuisance shall be caused or created by any person on any highway within the municipality. 76.

(1) Every highway, and every portion thereof, shall . be kept in reasonable repair by the municipality within which it lies.

(2) Every municipality is responsible for the construction, maintenance and repair of any municipal work constructed 1111 any highway within that municipality. 54

MUNIOPAL

(3) A municipality is not liable to keep in repair any highway laid out by a person other than the municipality unless that highway has been declared by by-law as a com­ mon and public highway or otherwise assumed by the municipality as such by public use. 77. (

I) Where a municipality fails to keep in reasonable repair a portion of a highway on which work has been per­ formed or improvements made by it, that ~unicipality is liable for all damages sllstained by any person by reason of such default.

(2) A municipality is not liable for any damages caused by the overflow of water from any sewer, road drain, ditch or watercourse if such overflow is occasioned by ice or snow obstructions therein or by reason of unusual rainfall and the municipality has taken all reasonable precautions there­ against.

(3) Except in case of gross negligence, a municipality is not liable for any personal injury caused by ice or snow upon a sidewalk. 78.

(1) Subject to

section 79, no action shall be brought to enforce any claim for damages arising under

section 77 unless notice in writing of the claim and the nature and cause of the damage alleged is served upon or mailed by registered post to the clerk of the municipality within seven days after the damage is alleged to have been suffered.

(2) Subject to

section 79, no action shall be brought against a municipality to enforce a claim for damages to any vehicle arising under subsection (1) of

section 77 unless notice in writing of the accident. indicating the place where it occurred as well as the nature and cause thereof, is served upon or mailed by registered post to the clerk of that municipality within forty-eight hours after the happening thereof.

(3) The clerk, or in his absence any other officer of the municipality designated by the council for the purpose, shall cause any damaged vehicle referred to in subsection (2) to be examined forthwith to determine the cause of the accident and the particulars of the damage alleged. ss CHAP. 1 Private ro~ds. Damages sustained by reasons of nonrepair. Snow and ice obstructions. Snow and it:e u~n a s.d.walk. Limitation period .. Idem. Duly 10 examine damage 10 vehide.

CHAP. 1 Commt"nc~. menl nl act'<'II. Whe,.. d~alh rcsull,!o,. E.amination ClI c1aim::!nt. Regulation 01 highwa)· traffic. I )pt"nillgo£ highways. el,. MUNIOPAL

(4) All actions referred to in subsections (1) and (2) shall be commenced within three months after the service or mail­ ing of the notice mentioned therein. 79. Where death results from any accident arlsmg out of the failure of the municipality to repair a highway, the want of notice to the municipality as required by

section 78 or the insufriciency thereof, is not a bar to any action in respect thereof if the judge before whom the action is brought con­ siders that there was reasonable justification for such want or insufficiency and that the municipality has not thereby been prejudiced in its defence of the action. 80.

The municipality may at any time after it has received notice of any claim for damages arising out of any alleged failure to keep a highway in a proper state of repair or become aware that an accident has taken place, and either uefore or after any action in respect thereof has been com­ menced. have the claimant or other persons involved in the accident physically examined by a duly qualified medical practitioner. 81. (

I) Subject to the Motor Vehicle! Ordinance, the council may pass by-laws for the regulation of highway traffic with­ in· the municipality.

(2) Subject to this Ordinance the council may pass by­ laws (

a) providing generally for the construction, maintenance and closing of highways within its jurisdiction and for the entering upon, taking or using any land required for any of these purposes, and for preventing or remov­ ing of any obstruction upon the highways; (

b) for setting apart such JX>rtion of any highway within the jurisdiction of the municipality as it deems neces-. sary in order to provide for a side walk, providing for the construction and maintenance thereof, and impos­ ing penalties on persons travelling thereon on horse­ back, hicycle or other vehicle; (

c) requiring person5 to remove and clear away all snow. ice, dirt and other obstructions from the side walks 56

MUNIOPAL adjoining premises owned or occupied by them, and pro­ viding fur the clearing of sidewalks of adjoining vacant premises .and the premises uf persons whu for twenty­ fuur hours neglect to clear them, and in the event of Iloll-payment of the expenses thereof by the owner or oCl'upier of the premises. charging the same against the real pruperty as a sJlecial tax to be recllvered in like manner as other taxes; (

d) authorizing- such encroarhments and nuisances on a highway as it .deems necessary and expedient; and (

e) for determining the ,compensation to be paid by the municipal!ty to any person fur any lands taken fur or injuriously afiected by any work of the kincf contem­ plated by paragraph (

a) or (b)' and for authorizillg the payment thereof. 82. Nu municipality shall close any road, road allowance or highway pruperly established whereby any person is excluded from access to and from his lands. place of residence or busi­ ness, unless in addition tu reasonable compensation: the muni­ cipality also provides for the use by the person of some other convenient means of aecess to his lands, place of residence or business. CHAP. 1 Provision lor access to residence, 83. Refnre passing a by-law for construction, altering, ~;_li:!%r diverting or closing of any highway ~~~~~~lion (

a) notice of the proposed by-law shall (

i) be published at least once a week for four con­ secuti,'e weeks in a newspaper published or cir­ culated in the municipality within which the land is situated; (ii) be posted for a period of not less than one month in four public places in the neighbourhood of the highway, and' (iii) be mailed to every person shown on the assess­ ment roll of the municipality as an owner of any land abutting on that portion of the highway to be altered, diverted or closed; and 57 and r1o.inf(,

CHAI'. 1 MUNIOPAL \Vht!1l not ice not r"'luired. (

b) the council shall hear in person or by agent any person who applies to be heard by the council and who claims that his land will be prejudicia!ly or injuriously affect­ ed by the by-law. 84.

(1) Section 83 does not apply where (

a) the council authorizes the whole or any part of a highway to be closed for a period of less than ten days; (

b) the owners of any land required to be tak(.n for the purpose of constructing, altering or diverting of a highway consent in writing to the passing of the by-law; or (

c) the land to be used for the purpose of constructing, altering or diverting a highway is vested in the muni­ cipality. Council 10

(2) Nothing in this

section authorizes a council to dispense pass a by· law. with the passing of a by-law where it intends to construct, alter or divert a highway. Approval 01 85. Every by-law for the constructing, altering, diverting Comnlissioner. Building bJ-la w •. ·or closing of a highway shall, before the coming into force thereof, be approved by the Commissioner. BUILDING BY-LAWS 86. The council may pass by-laws regulating the con­ struction and maintenance of buildings and structures incidental thereto within the municipality and without re­ stricting the generality thereof may by such by-laws (

a) prohibit the erection of any wooden building or addi­ tion thereto or any wooden fence in any specified portion of the municipality; (

b) prohibit the erection or placing of buildings or othe'r structures that in the opinion of the council might constitute a fire hazard; (d regulate th.e erection of radio or television aerial wires or of poles or standards connected therewith; 58

MUNIOPAL (

d) regulate the construction of chimneys, fire-places, stoves and furnaces and the location thereof, require their proper care and cleanliness and provide for their periudic inspection; (

e) require oWllers of buildings mure than two stories in height that are nut private dwellings to provide proper tire escapes therefllr in slIch places and uf such con­ structiun as the council del'ms proper; (

f) provide for the pulling duwn or removal at the ex­ pense of the owner thereof of any building or structure constructed or placed in contravention of any by-law and charging the l'ost thereof against the real property concerned as a special tax to be reClwered _ in like mamler as other taxes: and (

g) provide for the issuanceuf building and removal per­ mits and the fees to be paid in respect thereof. ZONING BY-LAWS 87.

(1) The council may pass by-laws (

a) dividing the municipality or any portion thereof into areas and 'zones of such dimensions as the council may specify: (

b) designating the areas or zones within which i\ shall be lawful to erect, construct, alter, repair or maintain any specified class of building and to carry on any specified Class of business, trade, profession or calling; (

c) designating the areas or zones within which it shall be unlawful to erect, construct, alter, repa.ir or maintain any specified class of building or to carry on any speci­ fied class uf business, trade, profe~sion or calling: (

d) designating the areas or zone~ within whirh the heig-ht. ground area and bulk of buildings erected, con~tnll'ted. altered or repaired shall be limited, and'prescribing the limitations therefor; (

e) prescribing building lines and the depth. size or area of yards, courts or other open spaces to be maintained, 59 CHAP.) Zoning by-law •.

CHAP. 1 Nolil'c 01 by,la .. , '.)hjt-cLil:l1S !n b),·b\\,. lIearing 01 obj.ction. MUNIOPAL the maximum density nf population permitted within any area or zone, the size of rooms and the means of lighting and ventilating them; (

f) regulating, restricting or prohibiting in any area or zone the Im'ation of all or any classes of industries, businesses. trades, professions or callings and the loca­ tion of apartment or tenement houses, terraces, club­ houses. hospitals, group residences, two-family dwel­ lings. single family dwellings, the several classes of public and semi-public buildings, and generally the lo­ cation of all buildings or structures designed or used for any purpose specified in the by-law; (

g) regulating. restricting or prohibiting in any area or zone the public display of advertising, whether by bill hoard or other structure primarily intended for the <\isl'by of advertising matter, or upon buildings, erec­ tions. walls, fences or other structures primarily in­ tended for other purposes, and the nature, kind, size and description of any advertisement displayed within the zone or area; and {

h) rlesignaling- certain areas or zones within which it shall be unlawful to erect or construct a dwelling house of les~ value than that specified in the by-law.

(2) The council before passing a by-law under this

section ~hall r,i\'e notice of its intention to do so by notice posted in four cunspicuous public places within the municipality at least ten days before the date fixed fnr the final passing of the by-law. (.~) The nOlice referred to in subsection (2) shall state the place where, the hours during which the proposed by-law may he inspected hy any interested persons and the time and place set for the consideration by the council of any objections to the hy-Iaw.

(4) The council shall make suitable provision for inspection of the proposed by-law by interested persons and shall. before finally passing the by-law, hear and determine all objections thereto. 60

MUNIOPAL LAND SUBDIVISION BY-LAWS 088. The council may pass by-laws' for regulating or pro­ hibiting the subdivision of land within a municipality including by-laws (

a) rOegulating- the size of a subdivision and the area, shape. dimensions and numLer of the lots therein: (

b) requiring the construction of water and sewer pipe lines. roads. lanes, sidewalks. curbs. street lights and such other improvements as the council deems neces­ sary to bring the land being subdivided up to the standards prescribed by the council for the municipality or that portion thereof: (

c) designating the amllunt of land in a subdivision to be set apart for lanes and ruads and prescribing the loca­ tion, dimensions and gradients thereuf; (

d) prescribing the standards (If construction. surfaring­ and drainage of lanes and roads in a !'uhdivi",inn a.nd requiring the com'eyanre thereof to the municipality; (

e) prescribing the minimum frontage on a higoh\\'ay that any lot ih a suhdi\"ision shall ha\"e ;md which shall in no case he less than onl~-tenth nf the perimcter of that lot: (

f) prescrihing- the amount of land, nut in ~xress of fi\"~ per cent thercof, in any subdivisiun other than a suh' divisilln in which land is requireod hy any othl'f leg-is­ lation to l)e clln\'c:'ed to the frown. that is tll ht'° conveyed tu the municipality for puhlir purposes otlll'r than highways and designating" the loration thereof: and (go) requiring all plans of a suhrli\'ision to 1)(' approved by the council prior to the commencC'ment of any work thp.rcon. FIRE PREVENTION BY-LAWS 89. The council may pass by-laws 61 CHAP. 01 Subdivision By.lawso Fir~ ,lff',·C'nlkul

CHAP. 1 Local im· provemeals, MUNICIPAL (

a) establishing a fire department, prescribing the officers and uther members thereof and their duties and pro­ viding for their remuneration; (

b) for the purchase of fire-fighting equipment and pro­ viding proper buildings therefor; (

c) requiring the inhabitants to assist and aid in the ex­ tinguishing of fires and requiring the pulling down or razing of any building, structure or other thing in the vicinity of a fire for the purpose of preventing the spreading of such fire; ,(

d) establishing and regulating fire districts; (

c) providing ior the destruction, alteration or removal of any building, structure or portion thereof or of any weeds, grass, rubbish or other thing within the munici­ pality'that, in the opinion of council, constitutes or is likely to constitute a fire hazard or that should be removed for the protection of health, life or property, and providing for chargmg the costs and expenses of the destruction, alteration or removal against the property concerned as a special tax to be recovered in like manner as other taxes on real property; and . (

f) generally establishing such measures as the safety and welfare of the municipality may require for the pre­ vention and extinguishment ,of fires. LOCAL IMPROVEMEN,.T BY-LAWS 90, Any public work of the following character or descrip­ tion mn)' be undertaken by the municipality as a local im­ provement: (

a) the upening, widening, straightening, extending, alter­ ing, grading, paving, planking, gravelling or curbing of <lny road; (

h) the construction of any sidewalk, bridge or culvert on, or as part of, a road: (

c) tht, construction, enlarging', prolunging- or extending of nf any drain or l'ummon sewer, and the constructing 62

MUNICIPAL and making of all proper and ne~'es5ary sewer connec­ ti"ns in and along any road ur any part thereuf or in and through the laIHb of any person; (

d) suhject to any outstanding franchise 111 that behalf, the construction or at'qui~ition of any \\-ater\\'ork~ or sewage disl)lls:il ]liam, the laying, extl:nding and main­ taining (If mains, v(Jnduits and pipes, the making uf l'''nnect inns fllr these purp"ses with any huilding or premises and the constrtlL"tion (If any (Jther huilding-s or wllrks and the doing of all other thing-s necessary for the disposal (Jf sewage or the supplying (If water for jluhlic use: and (

e) the reconstructiun of any \\-ork or undertaking' re­ ferred to in this

section and the rl:pairing and main­ tl:nance therel"f. 91_ (

I) The council may pass hy-Iaws (

a) prescrihing' the means of ascertaining and detl'rmining Ihe cost of any local impnH"emenl and the lands that will be directly benefited therehy, the expcnse of which i ~ to he a cha rge against I ho~e lands: (

h) prescrihing the meam of ascertaining and determining­ the proportion of Ihe t(llal cost Ihereof tu lIe charged against the ,-arious part'els of land: and (

c) if deemed necessary. for appointing a qualified person to ascertain and determine the cost of a local improve­ ment to he charged against various parcels of land who shall make a report thereof to the council.

(2) Each by-law referred to in suhsection (

I) shall S('t forth Ihe time and place at which any ohjection to the local improvement or the pruposeu sharing (If Ihe nlst thereof shall he heard hy the council, exc,"pt Ihat in 110 case shall Ihe time fixed for Ihe hearing of any such objection he less than two weeks after the time when the last of the nolices men­ tion,cd in subsection (3) were published. posted and mailed as required by Ihat subsection_

(3) Before any proposed local improvement is proceeded with. the clerk of the municipality shall give notice Qf such proposed improvement hy 63 CHAP. 1 Cost 01 im· provC'ment. Dy-Iaw to proy idt!' le.H h~;lrinlJ 01 objections. r\otice of by-law_

CHAP. 1 MUNIOPAL R)·.law aUIIIOI'izin;.: imlu'ovr­ menl,;. (

a) publishing a copy of the by-law referred to in sub­ section (1) in two consecutive issues of any newspaper published in the Territory: and (

b) unless the total cost of the improvement is to be borne by the municipality, (

i) posting a copy of such by-law in at least four con­ spicuous places in the immediate vicinity of the lands to be benefited or charged in respect of such improvement. and (ii) mailing a copy of such by-law to every person shown on the assessment roll of the municipality as an owner of any land to be benefited or charged in respect of such improvement. ·92. Uvun receipt of the report, if any, referred to in sec­ t ion 91 anu upon hearing any objection to the local improve­ ment or to the proposed sharing of the cost thereof, the cnuncil ma~' pass by-laws (

a) authorizing the execution of the local improvement and determining the probable cost thereof; (

b) fur determining what lands will be directly benefited by the local improvement, what portion of the cost thereof is to be charged against the several parcels of land tl) he so benefited and what· portion against the municipality as a whole, and the basis of determining the portion of the cost thereof to be charged against any inrli\·iclual parcel of land whether by frontage or otherwise: Cc) jllr assessing. levying and collecting by means of a special rate upon the parcels of land directly benefited or upnn that land and the municipality as a whole, as tl1C' case requires, the cost of any local improvement wilh interest at a rate not exceeding six per cent per annum: and (

d) pr~·srrihing the time or times at which and the manner ill which the amounts levie(1 are to he paid. and speci­ frillg- the terms on which the parties assessed for the

MUNICIPAL local improvements may fommutc the assessment by the payment of their proportionate share of the cost thereof in a lump sum. CHAP. 1 93. The cost of any local improvement shall be cakulated ~::~elrl be­ in terms uf all annual rate and, unless the IUfal impruvement ~r.I~~!:,J~"I' is not une fur the direct henefit (If the lands abutting any road and the clJUllfil otherwise orders. it shall he determined (

a) on a frontage hasis. that is tu say, at a uniform rate . accorclill~ tu the number of lineal feet along the frllnt oi the abutting land: or (

h) according to frontage or according to the valuatioll contained in the last revised assessment ni11 of the lands alune or of the lands induding the huildings thereon, as the by-law prescrihes. 94. Where, in the opinion of the council, any work or local 11II1,rn.o''''o·,,15 benefiti ... improvement benefits the municipality generally and it would munic'l'alny be ine<luitable to raise the whole of the cost thereof by local· special levy, the municipality may payout of the general fUlids of the municipality an amount not exceeding four-sevenths of the total cost thereof. 95.

Every local improvement by-law shall provide for the payment of the special levy within the probable life of the local improvement for which the debt has been incurred as certified by the engineer or other proper officer appointed by the council for that purpose. 96.

(1) Where the council in the opennig of or the making of proposed improvements to or in connection with any road. determines that lands other than those fronting or abutting on the road are to be specially benefited and ought to he charged with part of the cost thereof, it shall determine the propor­ tion against these other lands and assess and levy such pro­ portion against the other lands on a frontage or other hasis in like manner as the same is to be assessed and levied in thl' case of land Eronting or abutting on the road. at large. I'ayment over lifetime of impro\·e· mrnt. AlID<.ation of co.t.

(2) Where. in order to afford an outlet for the sewaJ.!c Lando"ul abuuinll from or the draining of land other than that fronting or impro\·."~nl" ahutting upon the road along which a sewer or drain is to hl' 65

CHAP. 1 Public hullh. MUNIOPAL constructed, a sewer or drain is constructed of a larger ca­ pacity than that required for the efficient carrying off of ~e\Vage and drainage from the land so fronting or abutting, the council may impose a special levy upon the other land henefited by the construction of the sewer or drain. PUBLIC HEALTH BY-LAWS 97. ~ubject to the P"blic Health Ordinance and the regula­ tions made thereunder, the council may pass by-laws (

a) in the interests of the public health of the municipality and the prevention of contagious and infectious dis­ eases :" (

b) requiring the removal 'of dirt, filth, dust and rubbish from highway!; in the municipality by the person or persons depositing it or by the owner or occupier of an adjacent property, and in the case of default by that owner or occupier, for removing it at his expense and charging the expense thereof against his property as a ~pecial tax to be recovered in like manner as other taxes on real property: (

c) requiring the removal by the owner thereof of any­ thing deemed dangerous to the health and safety of the inh;ibitants of the municipality and for charging the expenses thereof against any property owned by him in the manner provided in paragraph (b): (

d) regulating or prohibiting the construction within the municipality of privy vaults, water closets and septic tanks and providing for the keeping the same in a proper state of cleanliness and repair; (

e) preventing or regulating the erection or continued operation within the municipality of slaughte"r houses, gas works. tanneries and other factories and trades that in the opinion of the council may prove to be nuisances generally: (

f) pre\'cntingand abating public health nuisances gener­ ally; ~

MUNIOPAL (

g) preventing the putting of anything prejudicial to health in any stream or body of water within the municipality or from which water is supplied to the municipality for any purpose; (

h) respecting the burial of the dead within the municipal­ ity; (

i) for acquiring, purchasing, constructing, maintammg, overating and regulating hospitals in the municipality; and (

j) fixing the rates to be charged residents of the mUnICI­ pality admitted to any hospital owned or operated by the municipality and fixing the rates tu be charged non-residents of the municipality admitted thereto. GARBAGE COLLECTION BY-LAWS 98. Subject to the Public Health Ordinance and the regula­ tions In,Hle thereunder, the cuuncil may by by-law provide for the collection, removal and disposal of garbage. refuse and ashes, and may by that by-law (

a) specify the person by whom garbage, refuse and ashes shall he collected, removed and disposed of, the times at which and the manner in which the collection. removal and disposal shall be effected: (

b) provide that the by-law shall be in force throughout the municipality, or in such area or areas thereof as may be specified therein; (

c) provide that the cost of the collection, removal and disposal of garbage, refuse and ashes or any part thereof shall be paid out of the general revenue of the municipality. or that the cost or such portion thereof as is not paid out of the general revenue shall be paid by the owners or occupiers of lands in respect of which the service is provided. and specifying the amounts tu be so paid; (

d) provide for the collection of any amount payable by an owner or occupier of property for the collection, 67 CHAP. 1 Garba,. collection.

CHAP. 1 Waler .upply and seW::1ge dispaul, Talli·cabs and lalli·cab opt'rators. MUNICIPAL removal (lr disposal of any garbage, refuse or ashes, fix the time and place for payment uf the sums payable there for and provide fur the discount for prompt pay­ ment and impose penalties for late payment; and (

c) provide in case of default in payment of amounts payable fur collection, removal ur disposal uf garbage, refuse and ashes for the charging of those amounts against the real property in respect of which the service was performed as a special tax to be recovered ,in like manner as other taxes on real property. 99. Subject to the Public Health Ordinance, the regulations made' thereunder and to any outstanding franchise in relation thereto, the council may pass by-laws (

a) for the purpose of constructing, operating and main­ taining a water supply and purification system, sewage and drainage system and establishing a tariff of charges to be assessed against the users thereof; (

b) providing for the collection of water and sewage charges and fixing the time or times when and the places where such charges shall be payable, and .pro­ viding for the allowance of a discount for the prompt payment thereof and for the imposition of penalties for la te payment: and (

c) providing, in case of default of payment of water and sewage charges, for the enforcement thereof by shut­ ting off the water or by making such charges a charge against the property in respect of which the water supply or sewage service was provided as a special tax to be recovered in like manner as other taxes on real property. LIVERIES BY-LAWS 100.

(1) Subject to the Motor Vehicln O,dinance the coundl may pass by-laws (

a) providing for the superVISIOn, regulation and licensing of taxi-cabs, hearses, ambulances and buses not operateci in accordance with a set time

schedule and all persons fiR

MUNIQPAL carrylllg' on within the muniripality the business uf operating" such vehides: (I» prescribing and regulating' the use of taxi-cab stands and deputs within the municipality; (

c) requiring taxi-cab operators within the municipality to provide waiting room accummodation for patrons and rcquiring them to maintain such accommodation In a clean and sanitary condition; (cl) cstablishing- a tariff uf fares