Yukon Ordinances, 1951 — Ordinance respecting Facilitate the Enforcement of ;\'laintenancc Order

Yukon Ord. 1951

Yukon — Historical Statutes

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCiL IN THE YEAR 1951 A. H. GIBSON COMMISSIONER Printed and Published for the Government of the Yukon Territory Under Authority of

Chapter 75 of the Consolidated Ordinances of 1914. BY W. A. WARDROP, King'. Printer

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YU,KON COUNCIL IN THE YEAR 1951 A. H. GIBS ON COMMISSIONER Printed and Published for tbe Goventment of the Yukon Territory Under Authority of

Chapter 75 of the Consolidated Ordinances of 1914. BY W. A. WARDROP, King's Printer

Chap . I. 2. 3. 4. 5. 6. 7. 8. 9. 10. TABLE OF CONTENTS FIRST SESSION . An Ordinance to Facilitate the Enforcement of ;\'laintenancc Orders ............................................................................... . An Ordinance to relieve the Municipal Council of the City of Dawson and Alderman George O. Shaw from restriction imposed by

Section 27 of "The .Municipal Ordinance" ........... _ ........ _ ................ _ ....... . An Ordinance to amend the "Annuity Plan Ordinance" An Ordinance to amend the "Yukon Game Ordinance An Ordinance to amend "The Salc of Beer Ordinance An Ordinance to provide for the Imposition and Collec tion of a Toll upon the Whitehorse to Mayo Highway An Ordinance to amend "The Fur Export Tax Ordinance" ........... .. .................... .. An Ordinance to amend "The Cocktail Lounge Ordinance" ...................... ..

An Ordinancc to amend 'The Hotel Keepers Ordinance" ......................................................................................... _ ..................................... . An Ordinance to amend the "Motor Vehicle Ordinance" 11. An Ordinance to amend "The Workmen's 12. 13. 14. 15. 16. 17. Compensation Ordinancc" ......................... .. An Ordinance to amend the "Municipal Ordinance .. .. An Ordinance respecting the Conduct and Control of Cemeteries ........................................................... _ ... _._ ............. .

An Ordinance for the Protection of Aerodromes An Ordinance to amend "The

Interpretation Ordinance .................................................................................... _ ................... _ ..................... _ An Ordinance respecting Hours of Labour ...................................... . An Ordinance for Granting to the Commissioner certain sums of money to defray the expenses of the P!ublic Service of the Territory ......... _ ............................................................. . Page 1-6 7-8 9 10-12 13-14 15-16 17 18 19 20-21 22 23-26 27-32 33-34 35 36-37 38-43

Chap. 1. 2. T ABLE OF CONTENTS (CONTINUED) SECOND SESSION An Ordinance to amend "An Ordinance Respecting Hire Receipts and Conditional Sale of Goods" ............ _ .... _ ... . An Ordinance Empowering the Deputy Minister (Taxa tion) of the Department of National Revenue of the Government of Canada to exercise the powers and duties imposed on the Commissioner of the Yukon Territory by the Yukon Corporation Income Tax Ordinance ......................... . ............................................................. . '3. An Ordinance to amend "The Vital Statistics Ordinance" 4.

An Ordinance to amend "The Yukon Medical 5. 6. 7. 8. 9. 10. 11. Ordinance" ................ . An Ordinance to amend "The Yukon Territorial Public Service Ordinance" .. ...... ........................... . ....................... . An Ordinance to amend "The Motor Vehicle Ordinance" .... ......................... . ......................... . An Ordinance to amend "The :Motion Picture Ordinance" ...... _ ............................................................................................. . An Ordinance to amend "The Government Liquor Ordinance" ... _........ . ........... _ ....................... .

An Ordinance to provide for the Creation of Liens against Estates of Indigent Persons ...................................................... . An Ordinance Respecting Credit Unions The Yukon Game Ordinance Page 44-45 46-47 48-49 50 51 52-54 55 56-59 60-62 63-89 90-123 12. Fur Export Tax Ordinance ... . .............. _ .. _............... 124-130 13. An Ordinance to amend "The Cocktail Lounge 14. Ordinance" An Ordinance to amend "An Ordinance to provide for the Imposition and Col1ection of a Tol1 upon the Whitehorse to Mayo Highway" ..... . ..................... _ 131 132

ENFORCEMENT MAINTENANCE ORDERS ORDINANCE 1

CHAPTER 1 AN ORDINANCE TO FACILITATE THE ENFORCEMENT OF MAINTENANCE ORDERS (Assented to May 10, 1951.) The Commissioner of the Yukon· Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: l. This Ordinance may be cited as "The Maintenance Orders (Facilities for Enforcement) Ordinance 1951:" 2.

In this Ordinance, unless the context otherwise re- quires: (a) "certified copy" in relation to an order of a court means a copy of the order certified by the .proper officer of the court to be a true copy; (b) "Commissioner" means the Commissioner .. of .the Yukon Territory; (c) "Court" means any authority having statutory juris diction to make maintenance orders; (d) "dependants" means such persons as a person, against whom a maintenance order is made, is liable to maintain according to the law in force in the place where such maintenance order is made; and· (e) "Maintenance Order" means an order, other than an order of affiliation, for the periodical payment of sums of money towards the maintenance of the wife or other dependants of the· person against whom the order is made. 3.

(1) Where a maintenance order has, whether before or after this Ordinance comes into force, been made against any person by a court in a reciprocating state

Short Title Interpreta tion Enforce ment in Yukon Territory of Maintenance Orders made else where

Court in which orders are to be registered Trails· mi~sion of mainten· anc:e orders ntade in the Yukon Territory Provisional mainten ance orders against persons resident outside the Yukon Territory Depositions and tra'nscripts 2 ENFORCEMENT MAINTENANCE ORDERS ORDINANCE and a certified copy of the order has been transmitted by the proper officer of the reciprocating state to the Com missioner, the Commissioner shaIl send a certified copy of the order to the proper officer of a court in the Yukon Territory for registration; and on receipt thereof the order shaIl be registered and shaIl from the date of su<:h registration be of the same force and effect, and, sub ject to the provisions of this Ordinance, all proceed ings may be taken on su<:h order as if it, had been an order originaIly obtained in the Court in which it is so registered, and that Court shaH have power to en force the order accordingly.

(2) The· ~ourt . in which an order is to be registered shall be such Court as is determined by the Commissioner. 4. Where a court in the Yukon Territory has, whether before or after this Ordinance comes into force, made a maintenance order against any person, and it is proved to that court that the person against whom the order was made is resident in a reciprocating state, the cOiJrt shaIl send, on the request of the person in whose favor the order was made, a certified copy of the order to the Commissioner for transmission to the proper officer of that reciprocating state, and the Commissioner shall transmit the certified copy accor~ingly. 5.

(1) Where 'an application·ismadeto a court in the Yukon Territory for a maintenance order against any person, and· it'is proved-that .that person is resident in a reciprocating state; the court, in the absence of that person and without service of notice on him, if after hearing the evidence it is 'satisfiedof the justice of the application, may make any such order as it might have made if a summons had been duly served on that person and he had failed to appear at the hearing, but in such case the order shall be provisional only, and shall have no effect unless and until confirmed by a competent court in such reciprocating state.

(2) If the evidence of any witness who is examined on any such application is not taken in shorthand, the evidence shall be put into the form of a deposition, and such deposition shall be read over and signed by the

ENFORCEMENT MAINTENANCE ORDERS ORDINANCE 3 witness and also by the judge or other person presiding at the hearing.

(3) Where an order is made pursuant to subsection onc, the court shall send to the Commissioner a certified copy of the order for transmission to the proper officer of the reciprocating state.

(4) The court shall also prepare: (

a) a statement showing the grounds on which the making of the order might have been opposed if the person against whom the order is made had been duly served with a summons and had appeared at the hearing; and (

b) a statement showing such information as the court possesses for facilitating the identification of the person against whom the order is made and ascertain ing his whereabouts.

(5) With the certified copy of the order, ~he court shall send also to the Commissioner for transmission to the proper officer of the reciprocating state: (

a) the depositions or a certified copy of the transcript of the evidence; and ' (

b) the statement referred to m clause (

a) of subsec

section four; and' ' (

c) the statement referred to in ,clause (

b) of subsec tion four.

(6) The Commissioner shall transmit the documents sent to him by the court to the proper officer of the recipro cating state.

(7) Where any such provisional ,order has come before a court in a reciprocating state for confirmation and the order has by that court been remitted to the court in the Yukon Territory that made the order, for the purpose of taking further evidence, .the last mentioned Trans· mission 0/ order to Commis· sioner Statements to be pre· par.ed by Court. Transmis sion o( other doculnents to Corn· missioner Trans mission by Commis· sioner. Power to take new evidence on renvoy

Further power on renvoy Poweiol original court to vary or rescind Right 01 appeal Confirmation of mainten· ance orders made outside the Yukon Territory 4 ENFORCEMENT MAINTENANCE ORDERS ORDINANCE court shall proceed, after giving the prescribed notice, to take the evidence in like manner and subject to the like conditions as the evidence in support of the original application.

(8) If upon the hearing of such evidence it appears to the court in the Yukon Territory that the order ought not to have been made, the court may rescind the order, but in any other case the depositions or a certified copy of the transcript of the evidence if it was taken in shorthand shall be sent to the Commissioner and dealt within like manner as the depositions or transcript of of the original evidence.

(9) The confirmation of an order made under this sec tion shall not affect any power of the COUTt by which the order was originally made to vary or rescind the order; but on the making of a varying or rescinding order the court shall send a certified copy thereof, to gether with the depositions or a certified copy of the transcript of any new evidence adduced before the court, to the Commissioner for transmission to the proper officer of the reciprocating state in which the original order was confirmed, and in the case of an order varying an original order the order shall not have any effect unless and until confirmed in like manner as the original order.

(10) The applicant shall have the same right of appeal, if any, against a refusal to make a provisional order as he would have had against a refusal to make the order had a summons been duly served on the person against whom the order is sought to be made. 6.

(1) Where a maintenance order has been made by a court in a reciprocating state and the order is pro visional only and has no effect unless and until confirmed by a court in the Yukon Territory, and a certified copy of the order, together with the depositions of witnesses and a statement of the grounds on which the order might have been opposed is received by the Commissioner and it appears to him that the person against whom

ENFORCEMENT MAINTENANCE ORDERS ORDINANCE 5 the order was made is resident in the Yukon Territory, the Commissioner may send the documents to such court as is determined by the Commissioner, and upon receipt of such documents the court shall issue a sum mons calling upon the person against whom the order was made to show cause why the order should not be confirmed, and cause it to be served upon such person.

(2) At the hearing it shall be open to the person on whom the summons was served to raise any defence that he might have raised in the original proceedings had . he been a party thereto but no other defence; and the statement from the court that made the provisional order stating the grounds on which the making of the order might have been opposed if the person against whom the order was made had been a party to the proceedings shall be conclusive evidence that those grounds are grounds on which objection may be taken.

(3) If at the hearing the person served with the sum mons does not appear, or on appearing, fails to satisfy the court that the order ought not to .be confirmed, the court may confirm the order either without modi fication or with such modification as to the .court after hearing the evidence may seem just.

(4) If the person against whom the summons was issued appears at the hearing and satisfies the court that for the purpose of any defence it is necessary to remit the case to the court that made the provisional order for the taking of any further evidence, the court may so remit the case and adjourn the proceedings for the purpose.

(5) Where a provisional order has been confirmed under this section, it may be varied or rescinded in like manner as . if it had originally been made by the confirming court, and where on an application for rescission or variation the court is satisfied that it is necessary to remit the case to the court that made the order for the purpose of taking any further evidence, the court may so remit the case and adjourn the proceedings for the purpose. Right 01 defence on appiicatinn (or confinna .. tion Power to confirm with or without modifica· tion Power to remit to court that made provisional order. Variation or rescission 01 order that has been confirmed

night ur appcal t:lIforcelnelll 01 urder lIlodcor en£OrCel11ent Itultsol Itractice I'roolor docull1ent~ sign cd by officer 01 court HellositiollS to be e\·idence E.,lent 01 Ordinance 6 ENFORCEMENT MAINTENANCE ORDERS ORDINANCE

(6) Where order has been so confirmed, the- person bound thereby shall have the same right of appeal, if any, against the confirmation of the order as he would have had against the making of the order had the order been an order made by the court confirming the order. 7.

(1) A court in which an order has been registered under this Ordinance or by which an order has been confirmed under this Ordinance, and the officers of such court, shall take all proper steps for enforcing the order.

(2) Every such order shall be enforceable in like manner as if the order were a judgment of the court in which the order is so registered or by which it is so confirmed. 8. The Commissioner may make rules prescribing the practice and procedure under this Ordinance. 9.

Any document purporting to be signed by a judge or officer of a court in a reciprocating state, until the contrary is proved, shall be deemed to have been so signed without proof of the signature or judicial or official character of the person appearing to have signed it, and the officer of a court by whom a document IS signed, until the contrary is proved, shall be deemed to have been the proper officer of the court to sign the document. 10.

Depositions or transcripts from shorthand of evidence taken in a reciprocating state, for the purpose of this Ordin ance, may be received in evidence in proceedings before courts in the Yukon Territory under this Ordinance. 11.

Where the Commissioner is satisfied that reciprocal provisions have been made by any. province in Canada, .any part of the British Commonwealth of Nations or Empire, or any. foreign state for the enforcement therein or'mainten ance orders made within the Yukon Territory, the Commis sioner may declare it to be a r~ciprocating state for the purpose of this Ordinance, and thereupon it shall become a reciprocating state within the meaning of this Ordinance.

RESTRICTION IMPOSED MUNICIPAL . ORDINANCE 7

CHAPTER 2 AN ORDINANCE TO RELIEVE THE MUNICIPAL COUNCIL OF THE CITY OF DAWSON AND ALDERMAN GEORGE O. SHAW FROM RESTRICTION IMPOSED BY

SECTION 27 OF "THE MUNICIPAL ORDINANCE" (AIJenled 10 May 10, 1951.)

Whereas it appears from representations made' by the Mayor and Aldermen and the Medical Health Officer of the City of Dawson that to preserve and protect the good health of the inhabitants of the City of Dawson the Municipal Cou·ncil must exercise the powers conferred upon it by sec tion 157 of "The Municipal Ordinance," to establish and to maintain' a system for the coIlection, removal and disposal at the expense of the municipal corporation of ashes, garbage and other refuse throughout the whole municipality at the expense of the owners and occupants of the lands in respect of which the service is rendered; and

Whereas the said corporation does not have such buildings, machinery and plant as are necessary for the collection, re moval and disposal of ashes, garbage and other refuse and is not possessed at this time of sufficient money to purchase the same; and

Whereas Alderman George O. Shaw is possessed of such buildings, machinery and plant and is engaged in the business of the collection, removal and disposal of ashes, garbage and other refuse and is the only person in the City of Daw son so possessed or engaged; and

Whereas it appears further from representations made by the Mayor and Aldermen that no person other than the said George O. Shaw is able or willing to engage in such business in the City of Dawson: Therefore the Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Terri tory, enacts as follows: Rec:itals

Authoriza tion to Contract Contract for Limited Term 8 RESTRICTION IMPOSED MUNICIPAL ORDINANCE 1. The Municipal Council of the q.ty of Dawson is hereby authorized and empowered to enter into a contract with the said George O. Shaw for the collection, removal and disposal by him of ashes, garbage and other refuse throughout the whole of the City of Dawson upon such terms and conditions as m"ay be deemed expedient. 2. Any contract made and entered into by the Municipal Council of the City of Dawson and the said George O. Shaw under the authority of this Ordinance shall be for a term ending on or before the thirty-first day oi January, 1952.

ANNUITY PLAN ORDINANCE

CHAPTER 3. AN ORDINANCE TO AMEND THE "ANNUITY PLAN ORDINANCE" 9 (Assented to May 10,1951.) The Commissioner of ,the Yukon Territory, by and with the advice and· consent of the Council of said Territory, enacts as follows: 1. The "Annuity Plan ·Ord~nance" being

Chapter 5 of the Ordinances of the Yukon Territory, 1950, is amended by m serting the following

section after

section 4: "4A. The Territorial Government shall pay over all moneys collected and contributed under the provisions of this Ordinance to the Commissioner of the Yukon Territory and the Clerk of the Territorial Court of the Yukon Territory who shall pay the same to the Gov ernment Annuities Branch ot the Department of ~abour for the benefit of the employees for and from whom such moneys w~re cO!1tributed and collected at such times as the terms of the contracts upon which the em ployee's annuities ':Vere purchased require." Trustees 01 Funds Collected

Poll Tax muu be paid Expiry date 01 license lO YUKON GAME ORDINANCE

CHAPTER 4 AN ORDINANCE TO AMEND THE "YUKON GAME ORDINANCE" (Assented to May 10, 1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Yukon Game Ordinance," being

Chapter 3 of the Ordinances of the Y~kon Territory, 1947, is amended by inserting in

Section 2 immedia'fely after the definition of "Assistant Guide" the following definition: . ' "Loaded" means with' ammunition' in the magazine or In the breech. 2. The said Ordinance is further amended by s'triking out the words "one caribou of each 'speci'es"where the same occur in paragraph, (

a) of subsection 4 of

section 9 and sub stituting therefor ,the words "one' caribou."" 3. The said Ordinance is further amended by adding to

section 20 thereof the following subsection:, "

(2) No license issuer shall issue a license until the applicant for it produces his receipt showing that he has paid the annual poll tax for the current year, or satisfies the license issuer that he is a person exempt from said tax, under the provisions of 'The Poll Tax Ordinance,' being

Chapter 1 of the Ordinances of the Yukon Territory, 1918." 4. The said Ordinance is further amended by striking out

section 21 thereof and substituting therefor the following: "21.

(1) All non-resident bird licenses and all non resident big game licenses shall expire on the thirtieth day of November in each year and all other licenses

YUKON GAME ORDINANCE 11 issued under" the provisions of this ·Ordinance shall expire on the thirtieth day of June in each, year.

(2) Upon the request of a game "guardian the holder of any license issued under the provisions of this Ordinance shall submit his license for inspection." 5. The said Ordinance is further amended by striking out Section" 77 thereof and substituting therefor the following: "77.

(1) No person shall hunt, trap, kill or molest any wildlife within the area extending a distance of one mile on either side of the centre of the Alaska Highway and of the Haines Cut-off Road.

(2) No person shall carry or have in his possession any loaded rifle or discharge any rifle within the area ex tending a distance of one mile on either side of the centre of the Whitehorse to Mayo to Dawson Highway.

(3) No person shall carry or have in his possession any loaded shotgun or discharge any shotgun within the area extending a distance of one hundred yards on either side of the Whitehorse to Mayo to Dawson Highway. Inspection of licenses Restrictions concerning certain road,

(4) The prohibitions cuntained in this

section shall not r::~i:;:"s apply to a game guardian or to a person who owns land" cases in any area herein described if such person hunts, traps, kills or molests wildlife or discharges firearms in such area for the protection of livestock or of gardens or o~ other property from predatory animals and birds or rodents.

(5) On the prosecution of any person, other than a game guardian, charged with committing a violation of the provisions of this

section the burden of proving that his action was necessary for the protection of his live stock, gardens or other property shall be upon the person accused." 6. The said Ordinance is amended further by striking out subsection 3 (

a) of

section 9 and substituting therefor: Onus of proof

Special bear hunting license 12 YUKON GAME ORDINANCE "(3a) A special bear hunting license shall permit the holder thereof to kill, during the period between the first day of May and the thirtieth day of June, both inclusive, two grizzly bears and two brown or black bears and any number of wolves and coyotes." 7. The said Ordinance is amended further by striking out the symbol and figures "$50.00" where the same occur in subsection 4 of

section 10 ami substituting there for the symbol and figures "$40.00."

THE SALE OF BEER ORDINANCE

CHAPTER 5 AN ORDINANCE TO' AMEND "THE SALE OF BEER ORDINANCE" 13 (Assented to May 10, 1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Sale of Beer Ordinance," being

Chapter 2 of the Ordinances of the Yukon Territory, 1925, and amending Ordinances, is further amended by inserting immediately after

section 25 thereof the following: "25A. No person shall have in his possession or consume beer which he has purchased by the glass on the licensed premises except in the beverage room where he purchased the same. 25B. No person shall keep or consume any beer which has been sold to him by retail in the bottle on the licensed premises in any place on the licensed premises except in the beverage room where he purchased the same or in a private guest room which he occupies." 2. The said Ordinance is further amended by striking out the words "on the licensed premises," where the same occur at the end of

section 15 and substituting therefor the words "in a room set aside for that purpose and desig nated as ·the beverage room in his licensed premises." 3. The said Ordinance is further amended by striking ou.t

section 12 thereof and substituting therefor: Deer must be consumed in Beverage Room or Guest Room "1~. Every person to whom a license to sell beer is Fees hereafter granted shall, before receiving said license, be required to pay as a fee for such license, the following amounts:

14 THE SALE OF BEER ORDINANCE For a hotel license in municipalities of Dawson and Whitehorse-$25.00 For a hotel license at all other points throughout the Yukon Territory-$90.00 For a club license-$24.00."

IMPOSITION AND COLLECTION OF TOLL ORDINANCE 15

CHAPTER 6' AN ORDINANCE TO PROVIDE FOR THE IMPOSITION AND COLLECTION OF A TOLL UPON THE WHITEHORSE TO MAYO HIGHWAY (Assented to May 10, 1951.) The Commissioner of the Yukon Territory, by and with the consent of the Council of. said Territory, enacfsas fol lows: 1. The Commissioner of. the Yukon Territory is hereby au,thorized and empowered to levy and to receive tolls for the use of the Whitehorse to Mayo Highway or for any portion or portions thereof. 2. The tolls,to be levied and received under the provisions of this OrdinaJ:lce shall be' as set forth in

Schedule "A" hereto. Commissioner :luthori2ed to levy tol\s

Schedule 01 to\ls 3. The Commissioner shall from time t9 time make such RqulatioDI regulations as he deems necessary governing the method of the collection of such tolls. 4. All mon'eys collected, under the provisions of,' this Ordinance shall be paid over to the Territorial Treasurer for the use of the Territory and shall form a part of the consolidated ~evenue fund of ~he Yukon Territory. TaUs to form

part CIf coDsolida ted revenue

16. IMPOSITION AND COLLECTION OF TOLL ORDINANCE

SCHEDULE "A" \Vhitehorse- Carmacks- Whitehorse.- Carmacks Mayo Mayo Division Division Through Traffic COMMODITIES per ton or per ton or per ton fraction fraction or fraction thereof thereof thereof NORTH BOUND TRAFFIC: Freight Vehicle: Coal .50 .50 Food for human consumption .75 1.25 2.00 General freight 1.00 2.00 3.00 Vehicle weight. .50 .50 1.00 SOUTH BOUND TRAFFIC Ores or Concentrates 1.75 4.00 Coal .50 .50 General freight 1.00 2.00 3.00 Vehicle weight .50 .50 1.00 NORTH OR SOUTH BOUND TRAFFIC Passenger Vehicles - Commercial Per Passenger . 40 .60 . 1.00 Automobiles: Resident Owner .75· 1.25 2.00 Non-Resident Ow'ner 1.00 1.50 2.50 NOTE :-General Frenght means all types of freight except commodities specifically designated.

'FUR EXPORT TAX ORDINANCE

CHAPTER 7 AN ORDINANCE TO AMEND "THE FUR EXPORT TAX ORDINANCE" 17 (AJIenled 10 May 10, 1951.) The Commissioner of the Yukon TerritOl:y, by and with the advice and consent of the Council of said Territory, enacts as follows: , 1. "The Fur Export Tax Ordinance," being

Chapter 8 of the Ordinances of the Yukon Territory, 1919, is amended by inserting immediately after

section 3 the following sec tion: "3A. The provIsIons of this Ordinance shall not apply with respect to nor shall the tax imposed by this Ordin ance be collected upon the 'pelts of animals raised tn captivity by the holder of a Fur Farm License." Holder of Fur Farm license c><~pt

18 THE COCKTAil. LOUNGE- ORDINANCE

CHAPTER 8 AN ORDINANCE TO AMEND "THE COCKTAIL LOUNGE ORDINANCE" (Assented to May 10, 1951.) -The Commissioner of the Yukon Territory, by -and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Cocktail Lounge Ordinance," being;

Chapter 10 of the Ordinances of'the Yukon Territory, 1950, is -hereby amended by striking out the words, 'For the first offence to a penalty of not less than $100.00 and costs, nor more than $500.00 and costs, and, in default of payment forthwith after conviction, not· less than two months nor more· than four months imprisonment;' where the same occur in

section 27 and substituting therefor the following: 'For the first offence to a penalty of no less than $100.00 and costs, nor more than $200.00 and costs, and, in default of payment forthwith after conviction, not less than one month nor more than two months imprisonment.'

THE' HOTEL KEEPERS ORDINANCE 19 CHAPTER. 9 AN ORDINANCE TO AMEND "THE HOTEL KEEPERS ORDINANCE" (Assented to May 10, 19.51.) The Commissioner of the Yukon Territory, by and with the ad'vil'e and consent of the Council of said Territory, enacts as follows: 1. "The Hotel Keepers Ordinance," being

Chapter 5 of the Ordinances of the Yukon Territory, 1947, is amended by renumbering

section number 14 thereof as

section number 17, 2, The said Ordinance is further amended by inserting the following sections immediately after

section 13: "14.

(1) Every hotel' keeper shall establish an which shall be the close, of his business day. hour Hours o( closing (~) Every person who retains his Iqdging in any hotel ~~g:d ro. after the hour w~i,ch is established as the, c1os.e of the ~~itional business day under the pro.visions of. subsecti~n (1) shall be deemed to have retained"and may be requir'ed to pay for such, lo~ging, for an additionald<l:Y' ., 15. Every hotel keeper shall post or place; in' it conspi'cu ous place in .every roort:J., which he lets for I?~ging ':. 'accommodation a"noti'ce stating':' '."' : ".' . P, :' : I (a) 'the rat~ which he charges for-such lodging; and (

b) the hour' which he has established as the close of . , his business day; and, (

c) that every person who occupies the room after the ... hour s~ated in the, notice to be. the close "of. the busi ",~ess day shall be deemed to have retained and may be required to pay for the room for an additional day. Notice 10 be posted .' [" . ,. . I . " .' :.' r' . ~. . 16. Any hotel keeper 'who neglects 'to comply with or Penalty violates any of the' provisions of· this, ;Ordinance ' shall be liable 'upon

summary 'conviction to a fine of not more than one hundred dollars and not less than five dollars with costs.",

Poll Tax must be paid Unlawful to shoot game from vehicle Superintend· ent may close roads while under repair 20 THE MOTOR VEHICLE ORDINANCE

CHAPTER 10 AN ORDINANCE TO AMEND THE "MOTOR VEHICLE ORDINANCE" (Assented to May 10, 1951.) The Commissioner of the Yukon Territory, by and with the advice and consent oi the Council of said Territory, enacts as follows: 1. The "Motor Vehicle Ordinance," being

Chapter 2 of the Ordinances of the Yukon Territory, 1947, is amended by adding to

section 5 the following subsection: "

(2) The Commissioner shall not issue a license or a certificate of registration until the applicant for it pro duces his receipt showing that he has paid the annual poll tax for the current year, or satisfies the Commis sioner that he is a person exempt from said tax, under the provisions of 'The Poll Tax Ordinance' being

Chapter 1 of the Ordinance of the Yukon Territory, 1918. 2. The said Ordinance is amended further by adding the following sections immediately after

section 57: "S7A.

(1) No person while on· horseback or in or on a vehicle of any kind shall molest, take, shoot at, wound or kill any game.

(2) No person shall carry at any time a loaded shotgun or rifle in or on or discharge the same from any vehicle." 3. The said Ordinance is amended further by adding the heading and sections following immediately after

section 63: "PROTECTION OF HIGHWAYS" 63A

(1) While road construction, repair or improve ment or any other work authorized by the Superintendent of Works is in progress on any highway, the Superin tendent of Works or any person authorized by him may

THE MOTOR VEHICLE ORDINANCE 21 close the highway or any portion thereof to traffic for such time as he deems necessary.

(2) Any person using a highway closed by the Superin tendent of Works or by any person authorized by him shaH do so at his own risk and shaH have no right to recover damages in case of accident or injury.

(3) Any person who uses any highway closed to traffic under the provisions of this

section or removes, defaces or damages any notice or obstruction placed thereon by authority of the Superintendent of Works shaH be guilty of an offence and liable on

summary conviction to a fine not exceeding fifty dollars and costs and also shaH be liable for any damage or injury done to the highway or to the property of the Department of Works and Buildings occasioned by such action. 63B.

(1) The Superintendent of Works may by order, at such times and for such periods of time in any year as he deems necessary for the protection of any highway, prohibit the operation of vehicles or impose restrictions as to the class or weight of vehicles which may be operated over or upon the highway or any

section of the highway.

(2) The Superintendent of Woi-ks shall cause notice to be given of any order made under this

section or of any amendment or cancellation thereof by the posting of signs or notices or in such other manner as he deems advisable.

(3) Every person who is guilty of a violation of the pro visions of any order of the Superintendent of Works made pursuant to this

section shall be guilty of an offence and liable on

summary conviction to a fine not exceeding fifty dollars and costs and also shall be liable for any damage or injury done to the highway through such violation. Use 01 Roads at own risk Penalty Superintend· eDt may restrict use 01 roads Notice to be given Penalty

22 WORKMEN'S COMPENSATION ORDINANCE

CHAPTER 11 AN ORDINANCE TO AMEND "THE WORKMEN'S COMPENSA nON ORDINANCE" (Assented to May 10,1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Workmen's Compensation Ordinance," being

Chapter 1 of the Ordinances of the Yukon Territory, 1917, and amending Ordinances, is amended by inserting the words "such workmen as" immediately after the word "which" where the same occurs in

Section 17. 2. The said Ordinance is further amended by striking out

Section 4 of the First

Schedule thereto and substituting therefor the following: "4. (

I) For other injuries causing temporary disability, the employer shall pay to the workman sixty-six and two-thirds per centum of his wages computed on the basis of his daily wage at the time of injury, exclusive of overtime.

(2) The payment provided for in this

section shall be paid to the workman weekly but the period for such payment shall not exceed twelve months, from the date of injury."

MUN~CIllAL. ORDINAN<;:E ,

CHAPTER 12 ,AN ORDINANCE TO,AMEND: , THE' "MUNICIPAL ORDINANCE" " 23 .,' , (AIJenled 10 May 10, 1951.) The Commissioner of' th~' VU'kon 'ferritory, by and with the advice and consent of ,'the' Co~nci1 of said Territory, enacts as follows: -', 1. (1)' The' "Mluiidpal Ordinance',""being

Chapter 8 of the Ordi~ances of the Yuko~' 'Territory, 1949, Second 'Session, is amended by ridding to 'section' 157 the sub sections following: "

(2) For: greate'r" certai~tybut not so' as to limit the 'ge'neral 'powers' 'conferred by subsection 1 hereof' or by

section 172,' the 'MunicipalCcuncil may make by-laws for all o~'!1hy ~f the followi'ng 'purposes: ',' • ,' •. I (

a) the making ~f provisio~'s 'for 'the proper scavenging of the ~unicipality, licensing and ,regulating scavengers 'and ,fixi~g a

schedule Of rates to be charged by I, sca vengers ; (

b) establishing and maintaining a system for the col ,lection, rem!=lval :and disposal 'at the expense' of the "rrl'unicipality, of garbage or of garbage and other , 'refuse, or of ashes,: garbage arid other refuse; or de- fining and classifying garbage and providing for the collection, removal and disposal of garbage, or of garbage and oth~r ,refuse or of ashes, garbage and other refuse, throughout the whole' m'unicipa~ity or in defi~'ed areas of it at the expense of the owners and occupants of the lands in respect of which the service is rendered;' and, in either case, compelling owners and, occup2nts 'of 'land to provide such re ceptacles as may be specified in the by-law for the collection of' ashes, garbage and other refuse, and erecting and maintaining such buildings, machinery anri MUDicipal CoUDc:i1 may make by-laws ScavenginlJ

24 MUNICIPAL ORDINANCE other plant as may be deemed necessary for the col lection, removal and disposal of such ashes, garbage and other refuse or contracting with some person for the collection, removal and disposal by him of the ashes, garbage ·and other refuse, upon such terms and conditions as may be deemed e~pedient; (

c) preventing and controlling the construction of privy vaults and providing for the keeping of the same in a proper state of cleanliness; (

d) charging to all assessed owners of land, whether otherwise exempt. from taxation or not, upon which privies exist; whether ,used or not, a fixed sum for each privy annually, to cover the cost of removing the contents thereof;

(3) All charges made by the municipality for services rendered under the provisions of this

section shall be added to the tax roll as a special assessment against the land of the owners in respect of which such services are rendered and shall be recoverable in like manner as other taxes or rates which are a lien upon land." 2.'

Section 158 of the said Ordinance is amended by striking out the figures "158" where the same occur. there.in and sub stituting the figures "157."

Section 278 of the said Ordinance is amended by in serting the words "or any service provided under a by-law passed pursuant to the provisions of

section 157 of this Ordinance" after the word "electricity" wherever the same occurs therein. 4. Sections 1, 2 and 3 hereof shall be deemed to have come into force on the first day of January, 1951. 5. The said Ordinance is amended further by striking out the figure and words "6th day of April" where the same occur in paragraph (

f) of subsection 2 of

section 195 and substituting therefor the words "fifteenth day of July in the year in which the audit is made."

MUNICIPAL ORDINANCE 25 6. The said Ordinance is amended further by striking out the figure and words "7th day of April" where the same occur in

section 196 and substituting therefor the words "sixteenth day of July." 7. (

l) The said Ordinance is amended further by strik ing out paragraph (1) of

section 253.

(2) The said

section 253 is amended further by reletter ing paragraphs (

m) and (

n) thereof as paragraph (1) and (

m) respectively. 8.

(1) The said Ordinance is amended fu·rther by strik ing out paragraph (

I) of

section 340.

(2) The said

section 340 is amended further by re letter ing paragraphs (

m) and (

n) and (0) thereof as para graphs (

I) and (

m) and (

n) respectively. 9. (

l) Section 397 of the said Ordinance is amended by striking out subsection 2 thereof.

(2) The said

section 397 is amended further by renumber ing subsection 3 thereof as subsection 2.

(3) The said

section 397 is amended further by striking out the word "enforced" where the same occurs in sub

section 4 and substituting therefor the words "amount of the annual."

(4) The said

section 397 is amended further by renumber ing subsection 4 thereof as subsection 3. 10.

(1) The said Ordinance is amended further by strik ing out subsection (1) of

section 398 and substituting therefor the ~ollowing: "398

(1) Every person who has one or more places of .business in the Yukon Territory where for four or more months, whether consecutively or not, in any twelve months period he carries on or is engaged in any business of selling tangible personal property of

26 MUNICIPAL ORDINANCE any kind whatsoever by wholesale or by retail shaH pay a tax for the raising of a revenue for Territorial purposes in respect of the cost of the Pllrchases of all tangible perspnal property to be used by him for the purposes of such business, exclusive of the cost of fixtures and equipment to be instaHed and used by him in his place of business.

(2) The tax imposed by this

section shaH be computed at the rate of one-fourth of one per centum of the price paid by the person liable to pay the tax for aH tangible personal property in respect of which the tax is payable."

(2) The said

section 398 is amended further by renumber ing subsection 2 thereof as subsection 3.

(3) The sait!

section 398 is amended further by striking out the figure "2" where it occurs in subsection 3 there- of and substituting therefor the figure "3." , (4).The said

section 398 is amended further by renumber ing subsection 3 thereof as subsection 4.

(5) The said

section 398 is amended further by renumber in.g subsection 4 thereof as subsection 5.

(6) The said

section 398 is amended further by striking out the figures and word "(3) and (4)" where the same occur in subsection 5 and substituting therefor the figures and word "(4) .and (5)."

(7) The said

section 398 is amended further by renumber ing subsection 5 thereof as subsection 6. 11. The said Ordinance, as amended by

Chapter 6 of the Ordinances of the Yukon Territory, 1950 (1st session), is further amended by striking out the whole of

Part XVI thereof, which

part consists of Sections 427, 428, "429, 430, and 431.

CEMETERIES ORDINANCE

CHAPTER 13 AN ORDINANCE RESPECTING THE CONDUCT AND CONTROL OF CEMETERIES 27 (Assented to May 10, 1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: l. This Ordinance may be cited as the "Cemeteries

Short title Ordinance." 2. In this Ordinance, unless the context otherwise re-

Definitions quires: (a) "Cemetery" includes a burial ground, a municipal or public cemetery, a cemetery established under the pro visions of "The Cemetery Ordinance" or by any society, organization, lodge or congregation. (b) "Commissioner" means the Commissioner of the Yukon Territory. (c) "Owner" includes a person managing or in charge of a cemetery and any society, organization, lodge, board of trustees or congregation. which establishes or main tains a cemetery. 3. This Ordinance shall apply to every cemetery whether heretofore or hereafter established or laid out. 4.

The owner· of every cemetery shall enclose every part thereof by walls or fences of the height of four feet at least and shall prevent all animals from trespassing within such enclosure. S. The owner of a cemetery shall, out of the moneys re reived in respect thereto, keep the cemetery. and the buildings and walls or fences thereof in good order and repairs. Applications Cemetery to be (enced Ce.ri~t'ery to be ~Pt in good order

Proper drail1~ age to be provided Repairs to drains, etc. Penalty Penalty lor loulinl! streams, etc. Owner may sue Court may award dam· ages Chapel may be erected 28 CEMETERIES ORDINANCE 6.

(1) The owner of a cemetery shall construct and maintain all proper and necessary sewers and drains in and about the cemetery for the purpose of draining it and keeping it dry.

(2) As occasion requires, the owner may cause any sewer or drain to open into an existing sewer of the highway, street, road or land through which or part of which the opening is intended to be made; and he shall do as little damage as possible to the highway, street, road or land and shall restore it to the same condition or as good a condition as it was before being disturbed. 7. If the owner of a cemetery makes default in carrying out any of the provisions of sections 4, 5 and 6 he shall be liable upon

summary conviction to a fine of not more than fifty dollars for every such default. 8. If the owner of a cemetery at an·y time causes or suffers to be brought to or to flow into any river, spring, well, stream, canal, reservoir, aqueduct, lake, pond or watering-place. any offensive matter from the cemetery whereby the same is fouled, he shall be liable, in addition to any other remedy existing by law, upon

summary conviction to a fine of not more than fifty dollars for every such offence. 9.

(1) In addition to the penalty provided by

Section 8, any person having a right to use the water may sue the owner of the cemetery for any damage specially sustained by him by reason of the water being fouled.

(2) If in the action no special damage is alleged or proved. the Court shall award a sum not exceeding ten dollars for every day during which the fouling has continued after the expiration of twenty-four hours from the time when notice of the fouling was served by such person upon the owner of the cemetery. 10.

(1) The owner of a cemetery may erect within the bounds of the cemetery a chapel and vault or a vault alone for use as a repository for the dead during the winter months.

CEMETERIES ORDINANCE 29

(2) The chapel and vau.It or the vault alone shall be of Chapel to be o( permanent permanent construction and all vault windows or other construction openings l'Ihall be protected by fast wooden or metal shceting shutters.

(3) There shall be no open connections between. a vault and the chapel except underneath the floor for the re ception of a coffin. 11. Except as permitted by

Section 10, no person shall be buried in a vault or otherwise, in or under any chapel or other building in a cemetery, or within fifteen feet of the outer wall of any chapel or building therein. 12.

(1) The owner of a cemetery shall make regulations to ensure all burials within the cemetery being conducted 10 a decent manner.

(2) In the case of a public or municipal cemetery, the owner shall permit the religious denomination to which the deceased belongs to perform the usual religious rites on the deceased's interment. 13. The owner of a public or municipal cemetery shall furnish graves for strangers and for the poor of all denomin ations on the certificate of a minister or a clergyman or a Territorial agent that the deceased was a stranger or that the deceased and his relatives are poor as the case may be. 14.

The real property of the owner of a cemetery which is used as such, and the lots or plots when conveyed by the owner to individual proprietors for bu·rial sites, shall not be liable to be seized or sold in execution or under judgment or attached or applied to the payment of a debt or passed to the assignee under any bankruptcy or insolvency law. 15.

(1) The owner of every cemetery shall deposit with the Territorial·Treasurer, and if the cemetery be within a municipality with the municipal clerk, a map of each cemetery whether or not a certificate of title has been granted for such lands or any part thereof. No connec:· tion between vault and chapel No burial in vault Conduction 01 burials Religious Rite, to be permitted C-raves ror poor 3nd strangers LOlll not liable to seizur~ Map to be deposited

(2) Such map shall be made on a scale of not less than Scale 01 map one inch to four chains and shall show:

30 CEMETERIES ORDINANCE :~:tl~il:011~i~~g~ (

a) the number of the lots and blocks in a townsite or Sal., of lots Transfer to be in writing Lots lIIay'b., owned in !oOhares the number of the lot and group or the name of the district or reservation, as the case may be, in which the land lies; (b), all boundary lines within the limits of the land shown on the map of blocks and lots or reservations; (

c) all paths, lanes, woods, passages, thoroughfares or reservations set apart within the cemetery with the courses and widths thereof; (

d) the length and width of all burial lots and plots; (

e) the courses of all division lines between burial lots and plots; and (

f) the courses of all streams or waters within the limits of the land included in the map.

(3) The burial lots and plots shall be marked with dis tinct numbers or symbols.

(4) Every such map shall be signed by every owner or the owner's agent and certified by a Dominion land surveyor whose respective signatures shall be duly wit nessed and attested. 16. Where a lot or plot has been sold by the owner of a cemetery for l:mrial site, the conveyance or transfer need not be registered for any purpose whatever and no judgment, mortgage or encumbrance shall subsist on any lot or plot so conveyed or transferred. 17. 'Every conveyance or transfer.of a burial lot or plot shall be in writing and signed by the owner or his authorized agent and .shall describe the lot or plot clearly with re'ference to its description upon the map filed u~der the provisions of

section 15. ·18. All lots or plots of ground in a' cemetery, when num bered and conveyed or transferred by the owner of the

CEMETERiES ORDINANCE 31 cemetery as burial sites shall be indivisible but may aiter wards be held and owned in individual shares .. 19. "

(1) Every ow'ner of a cemetery shall keep a register of the lots or plots in the cemetery which shall show with respect to each lot or plot i (

a) its distinct number or symbol with respect to the map filed .under

Section 15; (

b) its ~imensions; (

c) whether or not !t has been transferred or conveyed i (

d) the name or names' and addresses of the owner or owners of the lot or plot; (

e) whether or not it has been used as a burial site; (

f) the name of every person b'uried in the lot or plot; (

g) the date of every burial in' the lot or plot; Nelli~ler 10 be kel't

(2) Every owner of a cemetery shall file in the office ~~r.'I~: to of the Territorial Treasurer, and H the cemetery be ~r~i~ri-::lh within a municipality with the municipal clerk, a copy of Treasurer the register kept under this

section .which shall be sign- ed by the .owner or his authoriz~d agent and authenticat- ed by the affidavit of the owner or his authorized agent:

(3) After a copy. of· the register has been filed in the office of the Territorial· Treasurer, .. or in. the· office of the Territorial Treasurer and municipaJ c1er~, under the provisions of this

section the owne.r of the cemetery shall on or before the first day of January in .each year there after file in the office or offices where a copy of the . register is. filed a statement signed by the owner or his authorized agent and authenticated by the affidavit of the owner or his authorized. agent stating every addition or alteration entered upon or made' to the register since the date when the copy of the register or the last such statement was filed. Addilion~ 10 regisler

"enalty lor not tiling register Offences Offender liable lor damages 32 CEMETERIES ORDINANCE 20. Every owner of a cemetery who neglects to file any copy of a register or any statement as required by

Section 19 or who files any false or incomplete copy of such register or statement shaH be guilty of an offence and liable upon

summary conviction to a fine of not more than fifty dollars for every such offence. 21. Any person who: (

a) wilfully destroys, mutilates, defaces, inju.res or re moves any tomb, monument, marker. gravestone or other structure placed in a cemetery, or any fence, railing or other work for protection or ornament of a cemetery, or of any tomb, monument, marker, gravestone or other structure or of any lot or plot within a cemetery; or (

b) wilfully destroys, cuts, breaks or injures an'· tree. shrub or plant in a cemetery; or (

c) plays at any game or sport in a cemetery; or (

d) save at a military funeral, discharges firearms In a cemetery; or (

e) wilfully and unlawfu.lly distu"rbs persons assembled for the purpose of burying a body therein; or "(

f) commits a nuisance in a cemetery shall be liable upon

summary conviction to a fine of not less than five dollars nor more than fifty dollars for each offence. 22.

(1) Any person who commits any of the acts speci fied in

Section 21 shall be liable to an action for damages or trespass in the name of the owner of the cemetery. and shall be liable to pay all damages occasioned by his unlawful act.

(2) Any damages. when collected. shall be applied by the owner of the cemetery for the reparation and recon struction of the property destroyed.

PROTECTION OF AERODROMES ORDINANCE 33

CHAPTER 14 AN ORDINANCE FOR THE PROTECTION' OF AERODROMES (Assented to May 10,1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the· Council. of said Territory, enacts as follows: 1. This Ordinance may be cited as the "Aerodrome Pro-

Short title tection Ordinance." 2. In this Ordinance, u.nless the context otherwise re- Oefinition. quires: "Aerodrome" means an area of land or water or other supporting surface normally used for the arrival and departure of aircraft and includes emergency landing strips. "Superintendent" means the Superintendent of Works of the Yukon Territory. "Vehicle" means a motor vehicle, trailer, traction engine and any vessel or vehicle drawn, propelled or driven by any kind of power including muscular power .. 3.

No person shall drive or place upon or across any aerodrome any vehicle unless the immediate purpose of su.ch driving or placing is to render service or aid to an aircraft or the pilot and crew or passengers of an ,aircraft. Prohibition on driving acrQ5S aero dromes 4. No person shall leave any vehicle unattended upon any Unattended vehicle aerodrome. 5. No person shall deposit any garbage, rubble, brush, ashes, earth, stqnes or refuse on any aerodrome. e. No person shall tether any animal on any aerodrome. No garbage to be de· posited Animals

.~nin,als FirearnlS Signs Superintend ent may erect signs This Ordi nance not to interfere with Aero nautics Act Offences I~il!ht of civil action not affected 34 . PROTECTION OF AERODROMES ORDINANCE 7_ No person shall permit any animals in his custody to run at large over or to befoul any aerodrome. 8. No person shall discharge any firearms from or across any aerodrome. 9. Withou~ the approval. in writing of the Superintendent 110 person shall crect any mark~r, sign, notice, fence or structlJre on any .aerodrome. 10.

The Superintendent may erect such markers, sIgns, notices, fences or other structure on any aerodrome as he sees fi t. 11. The provisions of this Ordinance shall not be cun strued as interfering with theprov,isions of any regula tiull made under the "Aeronautics Act" or the ;;Carriage hy Air Act, 1939" of Canada. 12. Any person who violates any of, the provisions of this Ordinance shall be guilty of an offence and shall be liable on

summary conviction to a fine not exceeding five hundred dollars and cost.s and in default of payment to imprisonment for a period not exceeding. six months, or to both fine and imprisonment. 13. No acquittal or conviction for an offence against this Ordinance shall affect the right which any person may have to bring against any person aily civil or criminal action.

THE

INTERPRETATION ORDINANCE

CHAPTER 15 AN ORPINANCE TO AMEND "THE lNTERPRETAT10N Oh'.DINANCE" 35 (Assented to May 1 0, 1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory; enacts as follows: 1. "The .Interpretation Ordinance," being

Chapter 1 of the Consolidated Ordinances of the Yukon Territory, 1914, is amended by striking out paragraph 19 of

section 8 and substituting therefur the following: "19. The word "holiday" includes Sunday, New Year's Day, Good Friday, Easter Monday, Victuria Day, Domin iun Day,- the seventeenth day of Augu-st known as Dis cuvery Day, Labour Day, Remembrance Day, Christ mas Day, the birthday or the day fixed by proclamation for the celebration of the birthday of the reigning 'sovereign and any other day appointed by proclamation for a general fast or thanksgiving."

Short title

Definitions Ordinance not to apply to certain persons Hours of work 36 HOURS OF LABOUR ORDINANCE

CHAPTER 16 AN ORDINANCE RESPECTING HOURS OF LABOUR (Assented to May 10, 1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory enacts as follows: 1. This Ordinance may be cited as the "Hours of Labour Ordinance." 2. In this Ordinance, unless the context otherwise requires: (a) "Employee" means any person of either sex who is In receipt of or entitled to any compensation for labour or services performed for another. (b) "Employer" means any person who, in his own be half or as a manager, superint~ndent, overseer or agent for any person, firm or corporation has charge of the place of work of any employees. 3.

(1) This Ordinance shall not apply to a person hold ing a position of supervision or management or employed in a confidential capacity for so long as the duties per formed by him are entirely of a supervisory or manager ial character and do not comprise any work or duty customarily performed by other employees.

(2) This Ordinance shall not apply to a person who is an employee within the meaning of "The Fair Wages Ordinance," or of "An Ordinance to Regulate the Hours of Labour and the Minimum Wage to be Paid in Mining Operations." 4. The working hours of each employee shall not exceed eight hours in each day of twenty-four hours or forty-eight hours in each week of seven days except as permitted by the provisions of this Ordinance.

HOURS OF LABOUR ORDINANCE 37 s. An employee may be employed and work during the Overtime time over and in excess oi the daily limit of eight hours and the weekly limit of forty-eight hours only if the em- ployee is compensated at a rate of not less than time and one-half for each. hour of such overtime. 6. (

I) Nothing in this Ordinance shall affect any pro vision In any Ordinance, agreement or contract of service or any custom which insures to any employee more favourable conditions than those provided by this Ordinance.

(2) No agreement, whether heretofore or hereafter enter ed into, shall have any force or effect in so far as it deprives any employee of any right, power, privilege or other benefit conferred by this Ordinance. 7.

(1) Every employer shall keep in his principal place of business in the Yukon Territory a true and correct record written in the English language of the hours worked each day by each of his employees.

(2) On demand of the Commissioner of the Yukon Ter ritory or of a person authorized by the Commissioner to so demand, an employer shall produce for inspection all records kept by him relating to the hours of work of any or all of his employees. 8. An employer who violates any provision of this Ordin ance shall be 1iable on

summary conviction to a fine of not less than twenty-five dollars and not more than one hundred dollars for each employee affected by such violation and in default of payment thereof to imprisonment for a term not exceeding three months. More favour· able agree· ment Rights under Ordinance not affected by agree· ment R.ecord to be kept Record to be produced Penalties

38 SUPPLY

CHAPTER 17 AN ORDINANCE FOR GRANTING TO THE COMMISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE EXPENSES OF THE PUBLIC SERVICE OF THE TERRITORY (Assented to May 10, 1951.) \V HEREAS, it appears by message from Andrcw l-lar()ld Gibsnn, Esquire, Commissioner oi the Yukon Territory, and in the estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "A" to this Ordinance are required to defray certain expenses of the Public Service ()f the Yukon Territory and for the purposes relating thereto, for the twelve months ending March 31st, 1952, and \VHEREAS, it appears by message from Andrew Harold Gibsun, Esquire, Commissioner of the Yukon Territory and in the estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "B" to this Ordinance are required to defray certain expenses ·of the Public Service of the Yukon Territory and, for the purposes relating thereto, for the twelve months ended March 31st, 1951. The Commissioner of the Yukon Territory, by and with the advice and consent of the Council 'of the said Territory, enacts as follows: 1.

From and out of the sums at the disposal of the Yukon Council there shall be paid and applied a further sum not exceeding in the whole two million six hundred and eighty nine thousand five hundred and ninety-eight dollars and ninety-two cents for defraying the several charges and ex penses of the Public Services of the Yukon Territory and for the twelve months ending March 31st, 1952, as set forth in

Schedule "A" of this Ordinance. 2. From and out of the funds at the disposal of the Yukon Council there shaH be paid and applied a sum not exceeding

SUPPLY 39 two hundred and three thousa;ld three hundred and twenty dollars for defraying the several charges and expenses of the Public Service of the Yukon Territory for the twelve months ended March 31st, 1951; as set forth in

Schedule "U" oi this Ordinance. 3. The due application of all monies expemled shall be duI v , . accounted for. .. '." .....

40 SUPPLY

SCHEDULE "A" Sums granted to the Commissioner by the Ordinance for the twelve months ending March 31st, 1952, and the purposes for which they are granted. Vote No. I. Yukon Council A. Sessional Indemnities .. _ ................... _ ......................... .$ 3,000.00 B. Travelling and Living Expenses ........................... 1,000.00 C. Legislative Printing ..... _.................................................. 5,000.00 $. 2. Territorial Offices . A. Salaries ...................................... _ ..................................... _ ....... _ ..... $ 39,400.00 B.

Supplies, Expenses, Equipment and Renewals _ ............................................. _._ ....... _..... 8,500.00 C. Assayer's Office .... _ ............................................ _ ....... _.............. 4,800.00 3. Deparbnent of Education A. Salaries:

(1) Administration ........................... $ 2,100.00

(2) Da wson District (9) ............ 27,700.00

(3) Whitehorse District (22) 65,950.00

(4) Mayo District (3) .................. 7,824.00

(5) Other Districts (9) 18,710.00 122,284.00 B. Expenses - Supplies, Equipment and Renewals

(1) Administration ........................... $ 1,200.00

(2) Dawson District ........................ 12,000.00

(3) Whitehorse District ............ 12,000.00

(4) Mayo District .............. _........... 2,600.00

(5) Other Districts ........................... 1,500.00 C. Grants to Separate Schools

(1) St. Mary's School, Dawson ................................................ $ 4,500.00

(2) Christ the King, Whitehorse .................................... 18,000.00 29,300.00 22,500.00 9,000.00 52,700.00 174,084.00

SUPPLY 41 Vote No. 4. Department of Public Works A. Salaries ..... _ ........................................................................ _ ........... $ 6,IS0.00 B. Expenses .......................................................................................... 1,000.00 C. Repairs and Maintenance ............................................... 30,000.00 $ 37,1S0.00 S. A. B. C. D. E. F. G. H. I. J. 6 A. B. C.

Department of Health and Public Welfare Salaries .............. _ ................................................................ _ ........... $ 6,900.00 Supplies, Expenses, Equipment and renewals .. _ ................ _ ..................... _ ................ _ .... . Communicable Disease Control ............................. . Medical Care of Indigents ....................................... . Hospital Grants ................................... _ .................................. . Hospital Care of T.B. Patients .................... _ ......... ..

Child Welfare .. _ ...................... _ ...................... _ .... _ ....... _ ... _ ..... . Social Assistance-Indigents ..... _ ............................ . Grants to Public Institutions ........................ _ .... . Old Age Pensions ......................................... _ ....... _ ....... _ ... ..

Municipal Administration 3,SOO.00 2,SOO.00 3,900.00 110,000.00 52,000.00 23,000.00 35,000.00 6,450.00 27,SOO.00 City 'of Dawson Grant ..... _ ................ _ .... _ ............... _ .... $ 15,000.00 Street Lighting and Hydrants ....................... .,. .... .:. 20,500.00 City of Whitehorse ................. _ .......... _ ..... _ ....... _ .. _ •... ~~·32,000.00 Town of Mayo (

i) Fire Department-Salaries ..... _ ....... _........... 3,000.00 Supplies, Expenses and Renewals and Equipment .. _ .........................•....... _ ....... _........... 5,000.00 Pump and Pressure Maintenance ............ 1,500.00 (ii) Streets and Public Service Maintenance of Streets ................................ _ .... . Street Lighting ...................... _ .......... _ ...................... . 1,000.00 800.00 7. Game and Publicity Dept. A. Salaries ...................................................................... _ ... _ .............. $ B.

Supplies, Expenses, .Equipment and renewals .. _ ....... _ .... _ .......... _ ... _ .....•. _ ...... _ ........... . C. Wolf and Coyote Bounties ........... _ ................ _ .... _ ..•.. D. Game Preservation ................................... _ .... _ ............. _ .... . E. Publicity .. _ .............................................. _ ............. _ ...................... . 9,800.00 3,750.00 4,000.00 2,500.00 1,500.00 270,750.00 78,800.00 21,550.00

42 SUPPLY 8. General aad Unforeseen A. General Unforeseen ........................................................... $ 4,500.00 B. Retirement Annuity Plan 10,000.00 C. Unemployment Insurance ............................................ 2,200.00 D. Property Insurance ........................................................... 3,750.00 E. Revision of Ordinances ...................................................... 5,000.00 $ 9. Dept. of Roads and Bridges A. Salaries .......................................................... _ ................................... $ 34,000.00 D. B. Supplies, Expenses, Equipment and Renewals

(1) Dawson Garage ........................................... _ ........... ..

(2) Mayo Garage ....................................... _ ....... _ ............. .

(3) Carmacks Garage ....................... _ ....... _ ................... .

(4) Whitehors~ Garage ................................................ .

(5) Supt's Office .................................................................... . 7,500.00 6,000.00 7,500.00 3,000.00 1,800.00 $ 25,800.00 C. Maintenance of Roads

(1) Dawson District .. _ ........................................................ 60,850.00

(2) Mayo District ................................................. _............ 48,200.00

(3) Whitehorse District ............................................... 28,350.00

(4) Whitehorse·Mayo Road ..................... _ ........... 200,500.00

(5) Dawson, Stewart, Mayo Cut·off ............ 20,000.00

(6) Atlin Road ........................... 16,000.00 Maintenance of Airfields

(1) Dawson ............................................................................... .

(2) Mayo .................................. _ .................................................. .

(3) Carcross ............................................. _ .............................. .

(4) Others ................. _ ....... _ ....................................................... . $373,900.00 4,000.00 4,000.00 300.00 1,700.00 $ 10,000.00 E. Maintenance of Ferry Service

(1) Dawson ............................. _ ...................... _ ...... _ ................ .

(2) Stewart .. : ............................................................................ .

(3) Pel1y River ................................................ _ .................. .

(4) Yukon River .............................................................. - ... . 6,500.00 9,500.00 10,000.00 9,500.00 $ 35,500.00 25.450.00 . \

SUPPLY 43 F. Replacement of Equipment

(1) Dawson .................................................................................. $ 30,000.00

(2) Mayo ........................................................................................ 30,000.00

(3) Whitehorse ...................................................................... 25,000.00

(4) Mayo·Whitehorse Road .................................... 40,500.00 $125,500.00 G. Canol Road Maintenance, Equipment, etc. 11,000.00 615,700.00 Total Cu·rrent Expenditures ......................................... . $ 1,287,184.00 CAPITAL EXPENDITURES: C. 1. Whitehorse Public School .................................. $266,414.92 2. Dawson Liquor Store and Mayo Road Equipment ......................................................... 160,000.00 4. T. C.

Richard's House ......................................... 6,000.00 432,414.92 Total Capital and Current Expenditures .................................... $ 1,719,598.92 L. Government Liquor Account 1. Purchase of Liquor, Freight, Duty, etc. $900,000.00 Selling Expenses ......................................................... 70,000.00 970,000.00 Total Vote ................................................... $ 2,689,598.92

SCHEDULE "B" Sums granted to the Commissioner by the Ordinance for the twelve months ended March 31st, 1951, and purposes for which they were granted. Territorial Offices Assayer's Office ....................................................................... $ 960.00 9. Dept. of Roads and Bridges .................................... 92,500.00 $ 93,460.00 Capital AccoUDt Dawson Liquor Store ..................................................... $ 21,580.00 Road Equipment ..................................................................... 39,550.00 Richard's Hou·se .................................. _........................... 48,730.000 109,860.00 Total of said

Schedule "B" .............................. $ 203,320.00

44 CONDITIONAL SALES OF GoODS ORDINANCE

CHAPTER 1 AN ORDINANCE TO AMEND "AN ORDINANCE RESPECTING HIRE RECEIPTS AND CONDITIONAL SALES OF GOODS" (Assented to October 11, 1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "An Ordinance Respeciing Hire Receipts and Condi tional Sales of Goods" being

Chapter 42 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding immediately after

Section 3 thereof the following section: "3A.

Any Judge of the Territorial Court, on being satisfied by affidavit that the omission to file an original writing or true copy thereof evidencing a hire receipt or conditional. sale or renewal statement within the time prescribed by this Ordinance, or to file the affidavit accompanying a renewal statement as. required by sec tion 3, or the omission or misstatement of a name, resi dence, or occupation of any person, was a~cidental or due to inadvertence, or to· some other sufficient cause, may, in his discretion, order the omission or misstate ment to be rectified by the insertion in the original writ ing, copy, renewal statement, or affidavit so filed of the true name, residence, or occupation, or by extending the time for filing, on such terms or conditions (if any) as to 'security, notice by advertisement or otherwise, or as . to any other matter as I~e thinks ~fi(to direct; ·arid' in the case of an extension of time being granted, such order

CONDITIONAL SALES OF GOODS ORDINANCE 45 shall be without prejudice to the rights of any third party who has in the meantime acquired title to al1 or some of the same goods, either by purchase and posses sion or by registration ofa bi11 of sale or filing of a conditional sale thereof, within the time limited for filing by this Ordinance. . A~ office copy of any order made as aforesaid shal1 be annexed to· the original writ ing or true copy thereof or renewal statement, as the case may be, and filed therewith."

46 EMPOWERING DEPUTY MINISTER ORDINANCE CHAPTER.2. AN ORDINANCE EMPOWERING THE DEPUTY MINISTER (TAXATION) OF THE DEPARTMENT OF NATIONAL REVENUE OF THE GOVERNMENT OF CANADA TO EXERCISE THE POWERS AND DUTIES J IVlPOSED ON THE COMMISSIONER OF THE YUKON TERRITORY BY THE YUKON CORPORA nON INCOME TAX ORDINANCE (Assented to Octobet· 11, 1951.)

WHEREAS under the provisions of the Yukon Corporation Income Tax Ordinance being

Chapter 24 of the Ordinances of the Yukon Territory, 1948, certain powers and duties are imposed on the Commissioner of the Yukon Territory; AND

WHEREAS the Government of Canada and the Government of the Yukon Territory entered into an 'agree ment on the 14th day of September, A.D., 1948, said agree ment to take effect as of the 1st day of January, A.D. 1948; AND

WHEREAS inter alia the said agreement provides that the Deputy Minister (Taxation) will administer the said Yukon Corporation Income Tax Ordinance; AND

WHEREAS the said agreement also provides that Yukon and the Commissioner will make such provision as is necessary to authorize the Deputy Minister (Taxation) to exercise on behalf of and as agent for the Commissioner the powers and duties imposed on the Commissioner under the Yukon Corporation Income Tax Ordinance, except such powers as are set out in Sections eight and nine thereof: NOW THEREFOR the Commissioner of the Yukon Terri tory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

EMPOWERING DEPUTY MINISTER ORDINANCE 47 1. (a) "Commissioner" means the Commissioner of the Yukun Territory. (b) "Deputy Minister (Taxation)" means the Deputy Minister of the Taxation Branch of the Department of National Revenue of the Government of Canada, duly appointed and empowered to act as such. 2. The Deputy Minister (Taxation) is hereby empowered to exercise on behalf of and as agent for the Commissioner the powers and duties imposed on the Commissioner under the provisions of the Yukon Corporation Income Tax Ordin ance, being

Chapter 24 of the Ordinances of the Yukon Ter ritory, 1948, excepting such powers as are set out in Sections eight and nine of the said Ordinance. . 3. This Ordinance shall be deemed to have come into force as of the first day of January, A.D. 1948. ])eliinilion. Deleg:uion of Powers Comiog ioto force

48 VITAL STATISTICS ORDINANCE CHAPTER· 3 AN ORDINANCE TO AMEND "THE VITAL STATISTICS ORDINANCE" (AJse1ltedio October 11, 1951.) 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 Vital Statistics Ordiriance, being

Chapter 8 of the Consolidated Ordinances of the Yukon Territory, 1914, is amended hereby by adding to·

Section 9 thereof the· follmving subsectiqns : "2. Upon any pers·o~, ~ho claims to ·be one of the parents of a child born out of wedlock, producing to the Regis trar a statutory declaration made by both parents setting forth: (

a) their names, occupations and addresses and acknowl ment of parentage and the name, sex and date of birth of each child; (

b) the date of their marriage; (

c) a certified copy of their marriage registration; (

d) that it is their d~sire to have the child registered as their lawful issue; the Registrar shall register such child, whether dead or alive, as the lawful issue of such parents. If the birth has been previously registered the Registrar shall cause a note to be made on the original registration record. 3. The Registrar may. if satisfied that a statutory de claration by both parents cannot be produced, and that the child has been legitimized by the subsequent mar riage of the parents and upon production of a statutory

VITAL STATISTICS ORDINANCE 49 declaration by one of the parents to the same effect as in the case of the declaration mentioned in subsection 2 of this Section, cause the registration to be completed in the manner mentioned in subsection 2 of this Section." 2. The said Ordinance is amended further by inserting im mediately after

Section 9 the following Section: "9-A

(1) Notwithstanding that the birth of a child has· been registered the parent or guardian may procure a change in the christian or given name, if any, of the child, or, if the child has no registered name, may give the child a registered name by making and delivering to the Registrar a statutory declaration setting forth the facts; and the Registrar shall upon receipt of su<:h declaration, make the necessary alteration or addition in the margin of the record containing the original entry without mak ing any alteration in the entry.

(2) When the surname of a child whose birth has been registered ;s changed by an order of adoption under The Adoption of Infants Ordinance the Registrar shall, on receipt of a copy of such order, certified by the Judge or other official who made the order, make the necessary alteration on the original record.

(3) If the birth has not been registered, the Registrar shall, upon production of an Order of Adoption under The Adoption of Infants Ordinance certified by the Judge or other official who made the order, and upon production of a statutory declaration by the one of the adopting parents setting forth such information as is in his pos session respecting the birth of the child, cause regis tration of the adoplion to be made, and if in his opinion the information as furnished is sufficient he shall cause the registration to be made of the birth of the child." 3. The said Ordinance is amended further by inserting immediately after the word "extracts" where it appears in the seventh line of

Section 20 thereof the following phrase: "In a form or forms approved by the Territorial Secre tary from time to time."

so YUKON MEDICAL ORDINANCE

CHAPTER 4 AN ORDINANCE TO AMEND "THE YUKON MEDICAL ORDINANCE" (Assented to October 11, 1951.) 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 Yukon Medical Ordinance being

Chapter 64 of the Consolidated Ordinances of the Yukon Territory, 1914, as amended by

Chapter 6 of the Ordinances of the Yukon Territory, 1945, is further amended by striking out all the words in paragraph (

c) of:

Section 29 after the word "time" where it occurs in the second line of paragraph (c), and suhstituting therefore a period.

YUKON PUBLIC SERVICE ORDINANCE 51

CHAPTER 5 AN ORDINANCE TO, AMEND "THE YUKON ,TERRITORIAL PUBLIC SERVICE ORDINANCE (Assented to Octobe,. 11, 1951.) 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 Yu~on Territorial Public Service Ordinance, being

Chapter 76 o~ the Consolidated Ordinances of the Yukon Territory, 1914, is amended by adding to Secti;on 5 thereof the following paragraph: "(

g) Department of Game' and Publicity. ' 2. The said Ordinance is further amended by adding after

Section 34 the following Sections: "34A. The Department of Game and Publicity .. shaH be presided over by a Director, who shaH be the head of said l)epartment. 34B. The powers, duties and functions of the Director of Game an~ Publicity a.re as follows: (

a) He . shall have the supervision of all ma ttersof business' which .may come under the jurisdiction of the Department. (

b) Un~er direction of the .commissioner he shall ad minister the Game LaW's 0,£ the Yukon Territory and all Regulations pertaining thereto. (

c) As instructed' from time to time by the Commis sioner he shall implement matters pertaining' to Pub licity for the Yukon Territory. (d) . He sIJall keep adequate records and submit returns, as required, on all p~ases of wild life within the Territory."

Fees to be paid 52 MOTOR VEHICLE ORDINANCE

CHAPTER 6 AN ORDINANCE TO AMEND "THE MOTOR VEHICLE ORDINANCE" (Assented to Octobe,. 11, 1951.) . 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 Motor Vehicle Ordinance, being

Chapter 2 of the Ordinances of the Yukon Territory, 1947, is amended here by by striking out

Section 10 thereof and substituting there for the following: "10

(1) Upon the filing of the statement required 'by the next proceeding Section, and upon payment of the proper fee the Commissioner shall cause to be registered such motor vehicle or trailer, in a book or index to be kept for that purpose and assign to it a distinctive number.

The fees to be paid, before registration, are as follows: SIZE OF VEHICLE FEE Automobiles with wheel base of 100 inches or less 12.S0 Automobiles with wheel base of 101 inches to 120 inches 15.00 Automobiles with wheel base of 121 inches or more 20.00 Trucks with wheel base of 134 inches or less 15.00 Trucks with wheel base of 135 inches to 156 inches ]7.50 Trucks with wheel base of 157 inches to 176 inches 20.00 Trucks with wheel base of 177 inches or more 25.00 Two wheel Trailer 3.00 Four or more wheel Trailer 5.00 Motorcycles 5.00 Dea]ers' Licence-See

Section 11 (1) 20.00

(2) Notwithstanding any provisions of this

Section to the contrary, where the owner of a motor vehicle or trailer applies for registration of such motor vehicle or trailer

MOTOR VEHICLE ORDINANCE 53 during the last six months of any registration year such motor vehicle or trailer may be registered in the manner prescribed by this

Section upon the payment of sixty percentum of the fee prescribed in sub-section 1 of this Section." 2. The said Ordinance is amended further by stnking out subsections 2, 2A and 2B of

Section 12 thereof and substi tuting therefor the following: "

(2) The Commissioner shall cause to be issued and de livered to the owner of such motor vehicle or trailer at the time of the issue of this certificate of registration one number plate for each such vehicle or trailer, hav ing thereon the registration number of such motor vehicle or trailer, the abbreviated name of the Territory and the year of issue. (2A) No fee shall be charged for the initial license plate issued pursuant to the provisions of this Ordinance. (2B) In case of loss of· a number plate a new number plate of another number than that borne by the lost number plate may be obtained upon satisfactory proof being adduced as to the loss of the same and upon pay ment of a fee of one dollar." 3.

The said Ordinance is amended further by striking out subsections 2, 3 and 4 of

Section 13 thereof and substituting there for the following: "

(2) The owner shall deliver to the Commissioner for re issuing the certificate of registration of the motor vehicle or trailer of which he has disposed, and upon payment of a fee of Two Dollars, the certificate of regis tration shall be reissued to the transferee and the number plate which had been issued to such owner for such motor vehicle or trailer shall remain affixed to such motor vehicle or trailer." 4. The said Ordinance is amended further by striking out sub-sections 1 and 2 of

Section 14 thereof and substituting there for the following: License Plate. No lee lor license plate Replacemmt of 108t plate

Attaching lIumber of l'Iate S4 MOTOR VEHICLE ORDINANCE "14

(1) Every number plate shall be attached to the rear of the vehicle or trailer in respect of which it is issued, and shall be so displayed during the current registration year.

(2) Every number plate shall "at all times be securely fastened to the vehicle or trailer to which i"t is· assigned so as to prevent the plate from swinging and at a height of not less than twelve inches from the ground, measuring from the bottom of such plate, and in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible." S. The sai-d Ordinance is amended further by striking out

Section 91 thereof and substituting' there for the following: Repeal "91. The Highway Traffic Ordinance, being

Chapter 41 of the Consolidated Ordinances of the Yukon Territory, 1914, The Ordinance Respecting Fast Driving, being

Chapter 33 of the Consolidated Ordinances of the Yukon Territory, 1914, and the Motor Vehicle Ordinance, being

Chapter 66 of the Consolidated Ordinances of the Yukon Territory, 1914, are hereby repealed."

MOTION PICfURE ORDINANCE

CHAPTER 7 AN ORDINANCE TO AMEND "THE MOTION PICTURE ORDINANCE" 55 (Assented to October 11, 1951.) The Commissioner of. the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: . . L The Motion Picture Ordinance, being

Chapter 2 of the Annual' lee Ordinances of the Yu·kon Territory, .1944, is amended hereby by striking out all after the period in line eleven of sub-

section 1 of

Section 2 thereof and substituting there for the following .: "The fee payable annually for-such license shall be: (

a) Where the population of the area within a three mile radius of the place where the motion picture is being shown does not exceed 200 ............................................................ $35.00 (

b) In all other cases .................................... _ ..................................... 75.00"

Club licencf'g 56 GOVERNMENT LIQUOR ORDINANCE

CHAPTER 8 AN ORDINANCE TO AMEND "THE GOVERNMENT LIQUOR ORDINANCE" (Assented to October 11,1951.) 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 Government Liquor Ordinance being

Chapter 1 of the Ordinances of the Yukon Territory, 1921 (Second Ses sion) is amended hereby by adding, immediately after the definition of the word "beer" where it appears in

Section 2 the"reof, the following paragraph: " "'Commissioner' means the Commissioner of the Yukon Territory." 2. The said Ordi.nance is amended further by adding im mediately after the definition of the word "Liquor", where it appears in

Section 2 thereof, the following paragraph: "'Occupant' includes the person in charge of any house, building or other premises and the person apparently in charge thereof or exercising control or authority over such house, building or other premises." 3. The said Ordinance is amended further by adding im mediately after

Section 19B thereof the following: "19C.

(1) Notwithstanding anything to the contrary contai.ned in this Ordinance and the Regulations the Commissioner may issue a licence to a bona fide club to

GoVERNMENT LIQUOR ORDINANCE 57 (

a) purchase liquor. at a Government Liquor Store during a specified period, not exceeding twelve months, under the terms and conditions of the licence and the provisions of this Ordinance; and (

b) sell in such dub the liquor obtained .under such licence."

(2) The issue of such club licence shall be subject to the following requirements and limitations: "(

a) the filing of an application with the Commissione'r in such form as may be prescribed before the date of issue of such a licence; and (

b) the payment of a fee of One Hundred and Fifty ($150) Dollars; and (

c) no licence shall be issued to a club which has been in operation in Canada for a period of less than twenty years and in the Yukon Territory for a period of less than three years; and . (

d) liqu9I' sold under such licence shall be sold on the club premises for C::9nsumpti~n ~n. the .premises to club members only provided that each member may have one guest accompany him to the club during the hours for sale of such .Iiquor; and (

e) liquor shall be sold on th~' club premises only between the hours of seven and eleven in ,the afternoon daily, but no liquor shall be 'sold on Sunday, any polling day or Good Friday; find (

f) the club premises shall be open for inspection at all times to members of the'Royal'Canadian Mounted Police or to anyone appointed by the Commissioner for that ,purpose; and " '(g) "cCtwo-thirds majority of the members of the club at a general meeting, called ·for the purpose, must Limitatioal on licence .,

Power to oearch without warrant Power to search con veyances without warrant ·58 GOVERNMENT LIQUOR ORDINANCE pass a special resolution authorizing the officers of the club to apply for a licence hereunder, and a certi fied copy of such resolution shall be filed with the application; and (

h) the granting, revocation and renewal and the limit of the quantity of liquor which may be purchased under a club licence shall be in the sole discretion of the Commissioner." 4. The said Ordinance is amended further by striking out

Section 32 thereof and substituting there for the follow ing: "32

(1) Every constable or other peace officer, who is authorized in writing for the purpose by the Commis sioner, if he believes that liquor is unlawfully kept or had, or kept or had for unlawful purposes, in any build ing or premises, may, without warrant, and upon pro ducing the authorization herebefore mentioned, enter and search the bu~lding or premises and every part thereof, and for that purpose may break open any door, lock or fastening of the building or premises or any part thereof, or any closet, cupboard, box or other re ceptacle therein which might contain liquor, and such authority shall be a general one and effective until revoked.

(2) Every constable or other peace officer, who believes that liquor is unlawfully kept or had, or kept or had for unlawful purposes in any vehicle, motor-car, vessel, boat, canoe, aircraft or other conveyance of any description, or is unlawfully kept or had or kept or had for unlawful purposes on the lands or person of any person, may without warrant stop, by any means necessary any such vehicle, motor-car, vessel, boat, canoe, aircraft or 'other conveyance of any description in which liquor may be unlawfully kept or had or kept or had for unlawful purposes, and search for such liquor wherever he suspects it to be, and if need be, by force, and may search the person himself and may seize and remove liquor found and the package in which same is kept.

GoVERNMENT LIQUOR ORDINANCE 59

(3) When the person to be searched is a female suspected of unlawfully having liquor concealed upon her person or among her personal effects or in any place over which she has control, the constable or other peace officer may, if he judges it advisable, employ a woman to act in the capacity of police matron for the purpose of assisting him in conducting a search and in any other matter or thing pertaining thereto or arising therefrom, and she shall have all the powers, privileges and immunities of such constable or other peace officer." May employ matron to search women

Short title

Definitions Notice to be filed 60 CREATION OF LIENS ORDINANCE

CHAPTER 9 AN ORDINANCE TO PROVIDE FOR THE CREATION OF LIENS AGAINST ESTATES OF INDIGENT PERSONS (Assented to October 11,1951.) The Commissioner of the· Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: I. This Ordinance may be cited as "The Indigent Persons' Estates Lien Ordinance." 2.

J n this Ordinance the expression: (a) "Aid" means assistance by payment of moneys or the furnishing of goods, or the furnishing of services, or by any or all of such methods, and includes any other assistance which may be authorized by the Government of the Yukon Territury; (b) "Dependent" means father, mother and child or any blood relative of a person living with such person; (c) "Indigent Person" means a person residing in Yukon Territory who, or a dependent member of whose family, or any other dependent of whom, requires aid in the opinion of the Government of the Yukon Territory. 3.

(1) Where aid has been granted by the Government of the Yukon Territory to an indigent person in any form or manner whatsoever, the Territorial Secretary may file with the Registrar of Land Titles a Notice of the granting of such aid rn Form <lA" of the

Schedule hereto.

(2) The Notice shall set forth: (

a) The date on which aid was first granted;

CREATION OF· LIENS ORDINANCE 61 (

b) The name and address of the person In respect of whom the aid was granted. 4. (

I) From and after the receipt of such Notice by the Registrar of Land Titles, and upon payment of the proper fees, such Notice shall have the effect of creating a lien upon the lands or any interest therein of the person named in such Notice, which he may own or acquire. Notice cr.ates lien

(2) No Certificate of Title shall be granted and no trans- Trans'er, fer, mortgage, encumbrance, lease or other instrument ~~c·lie~ubj.c, executed by the person in respect of whom such aid was granted shall be effectual, except subject to the rights of the Government of the Yukon Territory created by su<:h lien. 5. A Notice registered under the provisions of this Ordin ance may be discharged upon filing of a Discharge in Form "B" of the

Schedule hereto. Discharge nl lien

62 CREATION OF LIENS ORDINANCE

SCHEDULE FORM "A" The Indigent Persons' Estates Lien Ordinance NOTICE OF GRANTING OF AID ] hereby give notice under

Section 2 of "The Indigent Persons' Estates Lien Ordinance" that of the City of , in the Yukon Territory, has been granted aid commencing on the day of , 19 Dated at Dawson, Yukon Territory, this , 19 day of Territorial Secretary. FORM "B" The Indigent Persons' Estates Lien Ordinance DISCHARGE OF NOTICE OF THE GRANTING OF AID The Notice dated the registered on the as No. against of discharged. day of day of , 19 , , 19 , of the City , in the Yukon Territory, is Dated at Dawson, Yukon Territory, this , 19 day of Territorial Secretary.

CREDIT UNIONS ORDINANCE 63

CHAPTER 10 AN ORDINANCE RESPECTING CREDIT UNIONS (Assented to October 11,1951.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be cited as the "Credit Union Short iitle Ordinance." 2. In this Ordinance, unless the context otherwise re-

Definitions quires: (a) "Commissioner" means Commissioner of the Yukon Territory. (b) "Credit Union" means a credit union incorporated under this Ordinance. (c) "Registrar" means the Registrar of Credit Unions mentioned in

Section 3. 3. The Territorial Secretary shall be the Registrar of Registrar Credit Unions. INCORPORATION Memorandum 4. Any ten or more residents of the Yukon Territory· of h d . . h I h d- Association W 0 eSlre to aSSOCIate t emse ves toget er as a cre It union for the objects hereinafter set forth may, in the presence of a witness, sign in duplicate and cause to be filed in the office of the Registrar a memorandum of association in accordance with Form A, to which shall be attached an affidavit certifying the signatures. s.

The memorandum of association shall state the name of the Credit Union, the place at which its registered office is to be situated, the names and addresses of the subscribers Content~ (,f Memorandum of Association

Certificate or Ineorporathn Effect 01 Certificate or Incorporation rllblication or notice or In corpora tion Ne5triction. lIy-laws , .. : 64 CREDIT UNIONS ORDINANCE to the memorandum and the number of shares subscribed by each. 6. On the memorandum of association being filed and the Registrar being satisfied that the objects stated therein comply with the provisions of the Ordinance, the Registrar shall issue a Certificate of Incorporation in Form "E" of the Second

Schedule hereto. 7. The Subscribers to the memorandum and such other people and such credit unions as may thereafter become members of the credit union shall thereupon become and be a body corporate and politic under its registered name, and the certificate shall be conclusive evidence of incorporation_ 8. The Registrar shall cause a notice of incorporation to be published, at the expense of the credit union, in one issue of the Yukon Gazette. NAME 9.

(1) No Credit Union shall be registered under a name identical with that under which any other credit union is registered or so nearly resembling the same as to be likely to deceive.

(2) The words "Credit Union" and the word "Limited" shall form part of the name of every credit union registered under this Ordinance.

(3) The Registrar nlay refuse incorporation to any credit union whose name or part of whose name includes any of the following words: "Imperial", "Crown", "Kings", "Queens", "Royal", "Dominion", "Yukon", or words of similar import. BY-LAWS 10.

(1) The By-laws of a credit union shall in every case contain provisions in respect of the several matters mentioned in the First

Schedule to. this Ordinance, set out as nearly 'as i)ossible in the ·order therein speCified,

CREDIT UNIONS ORDINANCE 65

(2) A credit union may pass supplemental By-laws in addition to those in the First Schedule, but such supple mental By-laws shall not be inconsistent with the pro vi.sions of this Ordinance.

(3) No By-Ia\vs shall become operative until approved by the Registrar. CAPITAL AND SHARES 11. The capital of every credit union shall be unlimited in amount and shall be divided into shares of a par value of $5.00 each. 12. The shares may be payable by instalments at such time and in such manner as may be determined by By-law. Capitaliu· tion Purchase of Shares 13. No shareholder shall" receive interest on any but the Interest paid up portion of his shares. 14.

(1) Subject to subsections (2) and (3) of this Sec tion shares "may be assigned or transferred or may be repurchased by the credit union.

(2) No assignment, transfer or repurchase shall be valid unless approved and authorized by the directors.

(3) No assignment, transfer or repurchase shall be ap proved or authorized by the directors if it would reduce the total number of shareholders below ten. Transfer of Shares 15.

Every shareholder shall be individually liable to the ~iability creditors of the credit union for debts and liabilities of the Shareholders credit union to an amount equal to the sum unpaid on the shares ior which the shareholder has subscribed in writing, but no shareholder shall be liable to an action in respect of such unpaid balance until an execution at the suit of the creditors against the credit union has been returned un- satisfied iOn whole or in part. OBJECTS AND POWERS 16. The objects of a credit union shall be the promotion Objecto of thrift among its members and the creation of a source

Powers 66 CREDIT UNIONS ORDINANCE' of credit for its m~inbers, at legitimate rates of interest, exclusively for provident and productive purposes. 17. For the purpose of carrying out its objects, every credit union may, subject to the provisions of this Ordinance: (

a) receive the savings of its members as payment on shares and as deposits either in individual or in joint accounts; (

b) make loans to its members for provident or pro ductive purposes; (

c) make loans to credit untons and co-operative asso ·ciations which are members.; (

d) deposit money in chartered banks in Canada, in post office savings· banks, with loan companies and. trust companies authorized to receive money on deposit; (

e) invest in any stocks, bonds or: securities of the Gov ernment of Canada, or securities the principal and in terest of which are guaranteed by the Government of Canada; (

f) borrow money as hereinafter provided; (

g) draw, make, accept, indorse, execute and issue promissory notes, bills of exchange, bills of lading, war rants and other negotiable or transferrable instruments; (

h) become a member of an organization, as the registrar may permit, for the purpose of establishing and support ing or aiding in the establishment _ and support of associations, institutions, funds, trusts and conveniences calculated to benefit members, employees or ex employees of the credit union or the dependents or con nections of such persons, grant benefits and allowances and make payments towards insurance; (

i) do all such other acts and things as are incidental or conducive to· or consequential upon the attainment of its objects.

CREDIT UNIONS ORDINANCE , • , ~ .- l' • 67 18.

(1) A, credit union may for its purpO!;ies hold, purchase or, tak.e on lease in its own name any .land and buildings, and may ,sell, exchange, mortgage or lease the same.

(2) The value of land and buildings so required for the purpose of its business sh!lll not exceed, $5,000 except by resolution ,of a general meeting of the' members and with the approval of the Registrar. (3) 'Subsection (2) of this

section shaH not apply to land and buildings acquired by a credit union as security for or in settlement of a claim, arid any property so acquired may be sold, exchanged, mortgaged or leased. 19. A credit union may charge an eritrance fee not exceed ing that authorized by the By-laws. 20. A credit union may change its registered office 'on written notice to the Registrar. ORGANIZATION 21.

Within ten days after r~ceipt, of the certificate of incorporation by the provisional secretary, he shaH give notice to' each 'of the applicants 'for incorporation, stating that 'the cert=ificate ',has been received, and cal\ing a m'eeting of the credit union for the organization thereof. 22: (1)' SUbject to sub'section '(2) and '(3) of this section, at that meeting the credit union should elect a board of direct,ors of ,n<?t less, t~,,,:n five members" a credit com mittee :of not less :than three members ,and a supervisory committee of three members.

The persons so elected , shall hold office until the first annual meeting and until their succe.ssors are elected, Anyone director may also be ,a ~e~b~r of tJIe credit comm~ttee.

(2) No director or member of the c~edit committee shall be ,a member of the supervisory c0l!lmitte'e, '(3), Pers<;ms who are directors or' other officers of any credit union or association which is a member pursuant Lands and buildings Entrance lee Change oi office First nleeting Election of Directors and Committees

68 CREDIT UNIONS ORDINANCE to

Section 45 may be elected as directors or members of the credit committee of a credit union, provided that the number of such persons shall not form a majority of the combined board of directors and credit committee of such credit union. ~rPO~~':r~nt 23. At their first meeting, which shall be held within ten Remuneration Returns to Registrar days after their election, the directors shall choose from their own number a president and vice-president, and shall appoint a secretary and a treasurer or a secretary-treasurer, who mayor may not be a director. 24.

No member of the board of directors or of the credit or the supervisory committee shall, as such, receive remun eration, but the secretary and the treasurer or secretary treasurer may be paid such salaries or salary as the directors may determine. 25. A record of the names and addresses of the directors, the members of the committees and of the officers shall be filed with the Registrar within ten days after their election or appointment. DUTIES OF DIRECTORS Duties 26.

Subject to the provisions of this Ordinance, the di- rectors shall have the general management of the affairs of the credit union and in particular shall: (

a) act on each application for membership and on the expulsion of members; (

b) determine the maximum individual share holdings and the maximum individual loans which may be made with and without security; (

c) determine the maximum individual loan and the aggre gate amount of such loans where terms of repayment extend over a period of more than thre~ years; but the total of ail such outstanding loans made by a credit union to the members shall not at any time exceed an amount equivalent to twenty percentum of its com bined paid up capital and deposits unless otherwise authorized by supplemental by-law of the credit union;

CREDIT UNIONS ORDINANCE 69 (

d) determine interest rates on loans and ~n deposits; (

e) declare dividends; (

f) have charge of investments other than loans to members; (

g) require officers and employees handling money to furnish fidelity bonds issued by a guarantee company in such amounts as the directors shall fix, but in no event shall the amount be less than that set forth from time to time in the standard by-laws governing all credit unions; (

h) fill vacancies In the board of directors and in the credit committee until the next annual meeting and successors are chosen; (

i) require that all negotiable secuntles held by the credit union, whether lodged as collateral or not for safe keeping" on behalf of the members, be placed in a suitable safekeeping depository, and in joint custody where feasible; (

j) designate the depository for lodgment of negotiable securities held by the credit union; (

k) perform such other duties as are required bv this Ordinance and by the by-laws. CREDIT COMMITTEE AND LOANS 27.

(1) Subject to sections 31 and 33, the credit com mittee shall have the general supervision of all loans to members and, subject to any general order of the board and the provisions of this Ordinance, shall fix the amount of and rate of interest on each loan.

(2) At least a majority of the credit committee shall be present when a loan is under conSideration, and ap proval of a loan shall be the unanimous decision of the members present. Jurisdiction 01 credit committee

Purpose (.If loans 70 CREDIT UNIONS ORDINANCE 28. Every loan shaH be for a provident or productive purpose. Al'I'lications 29. Every application for a loan shaH be on a form provided Security Authority of treasurer tu gran t loans Hestrictions on loans to directors, officers. e'te. by the credit committee, and shaH set forth the purpose for which the loan is desired, the security, if any is offered, <l.Ild such other information as may be required by the com mittee. 30.

(1) The credit committee shall require security to ue given on aH loans in excess of one hundred dol1ars and the security to be taken in each case shall be de termined by the committee.

(2) An assignment of shares or· of deposits or the in dorsements of a note may be taken as security. 31.

Notwithstanding anything contained in this Ordinance, a majority of the members of the credit committee and board of directors, sitting together, may by unanimous resolution authorize the treasurer to grant loans for provident or pro ductive purposes to members who make application there for, in each case to an amount not exceeding the value of any paid-up shares in the credit union held by the applicant and assigned as security to the credit union and the market value of any stocks, bonds or securities of the Government of Canada, so held and assigned, and upon such other condi tions as may be specified in the resolution, and the treasurer may grant loans in accordance with the resolution without submitting the application to the credit committee. 32.

No director, officer or member of the credit commit tee or the supervisory committee shall be allowed to bor row in excess of the value of his share·s and deposits and accumulated earnings assigned as security to the credit union and the market value of any stocks, bonds or securities of the Government of Canada held by him and so assigned, unless upon the unanimous vote of a majority ·of the members of the credit committee, two or more directors and one member of the supervisory committee, sitting together, the said director, officer or member not being present when the vote is taken.

CREDIT UNIONS ORDINANCE 71 33.

(1) In determining the matter of a loan to a mem ber association or credit union, the members of the credit committee and the board of directors shall sit together and a majority of the combined bodies shall be present but no di~e~toror oth.er· officer of a member association or credit union who is a member of the combined bodies shall vote respecting a loan to the member association or credit union of which he is a director or officer.

(2) Any' decision to make a loan to a· member associa tion or credit union shall be unanimous and subject to the consent of the Registrar. Loan to member corp· orations 34. No credit union shall lend money to or accept de- Prohibitions posits from any person who is not a member of the credit umon. 35. Interest rates on loans made by a credit union shall not exceed one percentum per month on unpaid balances. 36. A borrower may repay his loan in whole or in part on any day on' which the office of t~e credit union is open for business. " SUPERVISORY COMMITIEE 37. The Supervisory Committee shall: (

a) make an examination of the affairs 'of the' credit union at least quarterly, and, if deemed necessary by the committee, call a meeting of the credit union for consideratio~ 'of the report of the committee; (

b) unless an a'uditor has been appointed under

section 38, make an a~nual audit and submit a report thereoll to the annu'a'1 meeting; (

c) fill vacancies in its own membership; (

d) if deemed necessary, by unani~ous vote of all the members of the committee, suspend any officer, and call a meeting of the credit union to consider the report of the committee on such suspension; Interest rates Repayment Dlllie.

Appointlnent of Auditor Powers alld procedure t·owers of hypotheca· tioll 72 CREDIT UNIONS ORDINANCE (

e) call a special meeting to consider any matter or mat ters which, in the opinion of the committee,·should be placed before the credit union. 38.

(1) Where the combined share capital and deposits of a credit union exceed two hundred and fifty thousand dollars the supervisory committee, subject to the ap proval of the Registrar, may recommend to the annual meeting that a qualified auditor be appointed to conduct an annual audit of the books and accounts of the credit unton.

(2) Upon such recommendation the members in annual meeting may appoint as auditor a chartered accountant or any other qualified person approved in either case by the Registrar.

(3) Where an auditor is appointed the supervisory com mittee shall submit the auditor's report to the next annual meeting. BORROWING .POWERS 39.

Subject to the consent of the Registrar, a credit union may from time to time borrow moneys not exceeding in the aggregate twenty-five percentum of its combined capital, surplus and deposits, upon a vote of at least three-fourths of the members of the board of directors, and may from time to time borrow moneys not exceeding in the aggregate fifty percentum of its combined capital, surplus and deposits, upon a vote of three-fourths of the members present, or one third of the total membership, whichever is the greater, taken at an annual meeting of the credit union or at a special meet ing called for the purpose, with those voting in support of the resolution representing a majority of the shares issued. 40.

A credit union may charge, hypothecate, mortgage or pledge its real or personal property, rights and powers, undertakings, franchises, including book debts and unpaid calls of the credit union, to secure any liability for the re payment of moneys borrowed in pursuance of a resolution passed under

Section 39.

CREDIT UNIONS ORDINANCE 73 APPORTIONMENT OF SURPLUS 41. After paying all expenses including interest, if any, on deposits and after making proper allowance for deprecia tion, the directors shall present to the annual meeting for confirmation a resolution respecting the apportionment of the surplus arising from the yearly business of the credit union, which resolution shall provide: (

a) that there be set aside as a reserve fund against uncollectable loans and probable future losses, all en trance fees, fines collected from members and, at the end of each fiscal year, at least twenty-five percentum of the surplus, and so from year to year until such reserve fund is equal to at least ten percentum of the assets of the credit union from time to time; and may provide: (

b) that after setting aside such part of the surplus as is required for the reserve fund, a dividend of a specified amount, but not exceeding five percentum per annum, be paid to the shareholders on all fully paid-up shares shown by the books of the credit union as outstanding at the end of the preceding fiscal year; (

c) that there be set aside, if the by-laws so provide, a specified amount, but not exceeding five percentum of the surplus, to be used for such educational purposes as the directors may determine, but the moneys so set aside from time to time shall be expended within three years after they are set aside, or transferred within such period to the reserve fund; (

d) that there be set aside a specified amount for emergencies or estimated losses, or special expenditures needed to achieve the objects of the credit union, but the moneys so set aside shall be expended within three years after they· are set aside, or transferred within such period to the reserve fund or paid as dividends on shares or as borrower dividends for the fiscal year preceding the annual meeting at which they are set aside; ApportiOll· ment

Investment and use 01 reserve lund Minimum membership Members limited to groups Certain corpnrations may be members 74 CREDIT' UNIONS ORDINANCE (

e) that, after making provision for a reserve fund, the payment of dividends on shares, an educational fund, if any, and an emergency fund, if any, the remainder, if any, of the surplus be divided among the members as a bor rower dividen9 in proportion to the amount of interest paid by them to the credit· union on all loans or on specified classes of loans during the preceding fiscal year. 42.

(1) The reserve fund may be invested in the stocks, bonds or securities of the Government of Canada or may be deposited in aq:ordance with clause (

d) of

section 17.

(2) The income received from such investments or de pos~ts shall forma part of the general revenue of the credit union.

(3) The fund shall be held as a reserve against uncollect able loans or losses and shall not be used for any other purpose except on liquidation. MEMBERSHIP 43. Every credit union shall have a membership of at least ten. 44. Subject to

section 45, the membership of a credit union shall be limited to groups of persons having a common bond of occupation or association, or groups within a well defined neighburhood, community, municipality or district. 45.

(1) Any other credit union may be a member of a credit unton.

(2) An association incorporated under the "Co-Operative Association Ordinance" may be a member of a credit union if such association is composed for the most part of the same general group as that composing the mem bership of the credit union.

(3) A credit union or a co-operative association admit ted as a member of a credit union may vote at meetings of the credit union by a duly appointed delegate, in

CREDIT· UNIONS. ORDINANCE 7') accordance with the supplemental by-laws of the credit union.

(4) The terms and conditions upon which a member credit union or co-operative association may obtain loans shall be those set forth in a supplemental by-law of the lending credit union and not inconsistent with the pro visions of this Ordinance but the total amount of all loans made by a credit union to member credit unions and co-operative associations shall not at any time ex ceed an amount equivalent to twenty-five percentum of its combined paid up capital and deposits. 46.

A minor may be a member but a minor shaH not vote until he has reached the age of sixteen years, nor shall he be elected as a director or as a member of the credit committee or supervisory committee until he has attained the age of eighteen years; and upon attaining the age of eighteen years he may enjoy all the rights of a member. 47. A register, or list of shareholders, shall be kept by every credit union, and such register shall show and shall be prima fa~ie evidence of: (

a) the names, addresses and occupations of the share holders, the number of shares held by them respectively, the numbers of such shares and the amount paid or con sidered as paid thereon; (

b) the date on which each shareholder was registered; (

c) the date at which any shareholder ceased to be such. 48.

(1) The directors by at least a two-thirds vote, at a meeting duly called and at which a majority of the directors are present, may expel a member from the credit union.

(2) Within five days from the date on which the mem ber is expelled, the secretary shall notifv him in writ ing of the action of the directors. Minors Registrar of members Expulsion of member

Withdrawal 01 member Payments 10 e"pelled or withdraw ing member Effect of opulsion on withdrawal Officer.s. ttc. not to with ti.raw 01' transfer shares RuIn governing joint membership accounts 76 CREDIT UNIONS ORDINANCE

(3) An appeal from the action of the directors may be taken by the member to the next general meeting of the credit union if written notice of the intention to appeal is given by him to the secretary within thirty days from the date of the receipt of the notice men tioned in subsection (2).

(4) At such meeting a majority of the members present may confirm or rescind the action of the directors. 49. A member may withdraw from the credit union at any time on giving such notice of withdrawal as may be re quired by the by-laws or such additional notic~ as, in any particular case, the directors may deem necessary and is approved by the Registrar. 50. All amounts paid in on shares or as deposits by a member who is expeIled or withdraws and any relative dividends or interest shaIl be paid to him as funds become available and after deducting all amounts due from him to the credit union. 51.

A member who is expelled or withdraws shall have no further rights in the credit union but shall not be released, by such expulsion or withdrawal, from any remaining lia bility to the credit union. 52.

No member entrusted with or participating in the di rect management of the affairs of a credit union shall with draw, or transfer or otherwise dispose of his shares, during the exercise of his functions, and in case of insolvency of the credit union any such withdrawal or transfer or disposal made by him within four months preceding such insolvency shaIl be nun and void, and such member shan remain liable to the creditors of the credit union to the extent of such shares so transferred or disposed of. 53.

Subject to the provisions of this Ordinance, the method of operation of joint membership accounts shall be set forth from time to time in the standard by-laws governing an credit unions in the Yukon Territory.

CREDIT UNIONS ORDINANCE 77 MEETINGS 54.

(1) The annual meeting shall be held before the end of March at such time as the credit union may determine.

(2) Special meetings may be called in the manner pro vided by the by-laws. Annual and special meetings 55. No member shall have more than one vote at any Voting meeting, and no member may vote by proxy. FISCAL YEAR 56. The fiscal year of a credit unton shall end on the Fiscal ye~r thirty-first day of December. OBLIGATIONS OF OFFICERS AND MEMBERS 57. Every person appointed to an office touching the re ceipt, management or expenditure of money for the purposes of a credit union shall, before entering upon the duties of his office, furnish a f1delity bond in accordance with the provisions of clause (

g) of

section 26. 58. The by-laws of every credit union shall bind the credit union and the members thereof to the same extent as if each member had subscribed his name and affixed his seal thereto and there were in such by-laws a covenant on .the part of himself, his heirs, executors and atlministrators to conform to such by-laws subject to the provisions of this Ordinance. 59. -

(1) All moneys payable by a member of a credit union shall be a debt due from him to the credit union and shall be recoverable as such in any court of compe tent jurisdiction.

(2) The credit union shall have a lien on the shares and deposits of a member for any sum due from him to the credit union and for any loan indorsed by him. Security By·laws binding Debts due by members

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Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1951
Type	statute
Volume / chapter	1951
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	4efceb690cbcb8f0a20a893ea0cec69f1df185f8

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