ORDINANCES OF THE YUKON TERRITOR Y PASSED BY THE YUKON COUNCIL IN THE YEAR 1962 FIRST SESSION G. n. CAVlEHO!'l Commissioner Printed and Publiahed for the Goyernment of the Yukon Territory under Authority of

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

INDEX 1962 (Fir •• Se .. I •• )

Chapter No. Page No. Aa OrdiDlIDce to As8ist the COD8truclioD or Low Cost Hous- iDg iD the Yukoo Territory ............................................................. 1 2 Aa OrdioODce to Authorize the Commi88ioner to Borrow a Sum Not Eneediol!

Three Haadred ODd Sillty ThOU8ODd Doll ... rrom the Goverameot or Caoeda IIDd le Authorize the Commis- aiooer to uter iDle OD Agreemeot Relatiog thereto ._ ............... 3 3 Aa OrdioODce Reapecli08 ao Al!f8emeot OD a Project ror the Developmeot or LODd for Hooaiog Purposea Between the Yo- koo Territory ODd The Goverameot or Caoeda. ................ : ........... 4 4 Aa OrdiollDce Res:,ectiog a FiollDcial -'8reemeot Betweeo t1ie Yokoo Territo)ry aod the Govemmeot or CIIDada ._ ............... 6 5 Aa Ordio8Dce to Repeal the Poll Tu OrdioODce .................... 10 6 Aa OrdiDIIDce Reapectiol! the Impoaitioo ODd Colleclioo or a Tu OD Foel Oil ._................................................................ 11 7 Aa OrdiollDce Re8pectiol!

Sclaoela .................. _ ......................... 16 8 Aa OrdiollDce Reapectiol! the Lord'a Day ................................. 47 9 Aa Ordio8Dce to Provide for the MaioteollDce or Certaio Depeod8Dta or Teatalon ODd lote8tatea ................................... 52 10 Aa OrdiollDce ReapectiDI! the locorporatioo or Y okOD Social Service Society and the Repeal or

Chapter 14, OrdiDIIDcea of Yukoo Territory 1953 (Firet Se .. ioo) .... _ .............................. 58 11 Aa OrcliDlIDce le Provide CIIDcer Diap08ia aod Tn!allDeot .... 64 12 Aa OrdiollDce to Ameod the Y OkOD HaoeiDI!

OrdioODce ._ ........ 65 13 Aa OrdiollDce to Ameod the CompIIDiea OrdiollDce ................. 66 14 Aa OrdiDIIDce to Ameod the Legal Profe8aioo OrdiollDce ........ 67 15 Aa OrdiollDce to Ameod The Laboor Proviaiooa OrdiollDce ... 68 16 Aa OrdioODce to Ameod The Diaabled PenODa AJlo_ce OrdiollDce .................................. _ .... _ .............................. _ ............. 69 17 Aa OrdiollDce to Amend The Old Age Aaaiataoce IIDd Bliod Peraooa Allo.lIDce Ordioaoce ..................................................... 70 18 Aa OrdiollDce to Ameod The Liquor OrdioODce ........ _ ................. 71 19 Aa OrdioODce to Ameod The loteatate Socce8aioo Ordioance .. 80 2D Aa Ordioaoce le Ameod flae Poblic Service OrclioODce ............. 81 21 Aa Ordioace to Ameod The ~Oler Velaidea Ordioace ........... 82 22 Aa OrdiollDce to Ameod The \tooicipal Ordinace ..................... 83 23 Aa OrdiollDce to Ameod The Poblic Service Ordioaoce ........... 85

Short Title. Definition. Commissioner may make housing loans. Persons to whom loans may be made. Conditions. 1

CHAPTER 1 O~DINANCES OF THE YUKON TERRITORY 1962 (First Session) AN ORDINANCE TO ASSIST THE CONSTRUCTION OF LOW COST HOUSING IN THE YUKON TERRITORY (Assented to May 11 th, 1962) The Commissioner of the Yukon .Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. This Ordinance may be cited as the Low Cost Housing Ord- inance. 2. "holder in fee simple"shall include a person who has entered into an agreement fer sale and purchase of land with the Commi­ ssioner or duly authorized representative of the Minister of the Deparbnent of Northern Affairs and National Resources or the municipalityof the City of Wbitehorse. First Mortgage Loans 3.

(1) Subject to this Ordinance, the Commissioner may make a loan to any person described in subsection (2) to assist that person in the construction of a house.

(2) The Commissioner may make a loan to any person who (3) (al is the holder in fee simple of the land on which El hoose is to be constructed; (

b) is not a mortgagor to the Commissioner; and (cl satisfies the Commissioner that he has been unable to obtain a loan pursoant to provisions of the Nation­ al Housing Act, 1954. A loan made under the authority of this

section shall (al not be made in respect of a house the estimated cost of construction of which is in excess of seven thousand dollars; (

b) not exceed six thousand dollars in respect of any one boose; (cl bear interest at a~ rate of seven and one-half per cent per annom; (d) (

i) be secured by a first mortgage in favour ofthe Commissioner upon the land on which the ho­ house is to be constructed; or (ii) be secured by an assiWlment to the Commiss­ ioner of all the borrowers rights under an agr­ eement for sale and purchase of the land on which the house is to be constructed;

(

e) be for a term not exceeding twenty years; (

f) be repa~'able in full by equal payments of prin cipal and interestdurin~ the term thereof or sooner at the el­ ection of the borrower; and (

g) be subject to such other terms and conditions as the Comm i ssion er may deem desi raLI e. Second Mortf!,af!,e Loans 4.

(1) Subject to this Ordinance, the Commissioner may make a loan to any person described in subsection (2) of

section 3 to whom a loan has been made pursuant to that

section to assist that person in the construction of the house in respect of which a loan was made under

section 3.

(2) A loan made under the authority of this

section shall (

a) not exceed one thousand dollars in respect of any house; (

b) bear no interest; (d be for a term not exceeding ten years; (d) (

j) be secured by a second mortgage in favour of the Commissioner upon the land on which the house is to be constructed; or (ii) be secured by the giving of such further secur­ ity as the Commissioner may require; (

e) be repayable in equal payments during the term thereof; an d (

f) be subject to such other terms and conditions as th e Commi ssion er may deem desi rabl e.

(3) The Commissioner may forgive payment of the amount due under a mortgage described in paragraph (

d) of subsection (2) for any year that the mortgagor continues to live in the house in resp ect of whi ch the mortgage was gi ven. General 5. All loans by the Commissioner under this Ordinance shall be paid out of the moneys appropriated by the Council for that purpose. 6. The Commissioner is empowered to do every act and to ex­ ercise every power for the purpose of implementing every oblig­ ation assumed by. and enforcing every right accruing to, the Yuk­ on Territory under this Ordinance. i.

The Commissioner may by regulation make provision for any malters concerning which he deems regulations are necessary or . desirable to carry out the purposes or provisions of this Ordinance. Commissioner may make loans Conditio~8. Forgiving or payment or mortgage wh ere borrower lives in house. Loans to be made rrom moneys appropriated by Council. Commissioner to act ror Territory • 2

Short Title. Commissioner may borrow. Commissioner may execute Agreement. Commissinner may implement Agreement. 3 OiAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1962 (First Session) AN ORDINANCE TO AUTHORIZE THE COMMISSIONER TO BORROW A SUM NOT EXCEEDING THREE HUNDRED AND SIXTY THOUSAND DOLLARS FROM THE GOVERNMENT OF CANADA AND TO AUTHORIZE THE COMMISSIONER TO ENTER INTO AN AGREEMENT RELATING THERETO (Assented to May 11 th, 1962) The Commissioner of the Yukon Territory, by and with the ad­ vice and consent of the Council of the said Territory, enacts as follow s : 1.

This Ordinance may be cited as the Loan Agreement Ordin­ ance (1962), No. 1. 2. The Commissioner may on behaJf of the Yukon Territory bor­ row from the Government of Canada a sum not exceeding three hundred and sixty thousand dollars. 3. The Commissioner is authorized to enter into and execute on behalf of the Government of the Territory an Agreement with the Government of Canada providing for (

a) the repayment to the Government of Canada amount borrowed pursuant to

section 2; of the (

b) the payment to the Government of Canada of inter­ est at such rate as may be agreed upon by the Commiss­ ioner on the principal from time to time outstanding on the amount borrowed pursuant to

section 2; and (

c) such other terms and conditions as may be agreed up­ on by the Commissioner. 4. The Commissioner is empowered to do every act and exer­ cise every power for the purpose of implementi ngevery obligation assumed by the Government of the Yukon Territory under this agr­ eement.

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1962 (First Session) AN ORDINANCE RESPECTING AN AGREEMENT ON A PROJECT FOR THE DEVELOPMENT OF LAND FOR HOUSING PURPOSES BETWEEN THE YUKON TERRIT_ ORY AND THE GOVERNMENT OF CANADA The Commissioner of the Yukon Territory, by and with the ad­ vice and consent of the Council of the said Territory, enacts .as follows: (Assented to May 11th, 1962) 1. 2.

This Ordinance may be cited as the Low Rental Housing Agreement Ordinance. [n this Ordinance. (a) "C orporation" means the Central ~ortJl;a~e and Housin~ Corporation established by theCentral Mort~a~eand Hous­ in~ Act. (b) "Housing Authority" means the Corporation established by this Ordinance to administer and manage the Project; (c) "Project" means a block of ten' apartments to be erected according to plans prepared by the Corporation and ap­ proved by the Commissioner and Whi tehorse; (d) "Whitehorse" means the Corporation of the City of Whitehorse established by the Municipal Ordinance. 3.

There is hereby established a Corporation called the Hous­ ing Authority consisting of not less than three members and not more than five members at anyone time. 4.

(1) The members of the Housing Authori ty shall be appoint- ed by the Commissioner of the Yukon Territory acting on th~ ad­ vice of a committee consisting of the Mayor of the City of White­ horse, a representative of the Council of the Yukon Territory and a representative of the Minister of the 0 epartment of Public Works of Canada.

(2) The representatives of the Council of the Yukon Ter­ ritory and the \1inister of the Department of Public Works shall be residen t in Whitehorse.

(3) Any vacancies among membersof the Housing Authority shall be filled by the Commissioner actin~ on the advice of the commi ttee as in the case of the initial appointmen L

(4) The members of the Housing Authority shallhold office during good behaviour for a term of three years, but are remov­ able by the Commissioner after consultation with the committee referred to in subsection (1) of this section. Shon Title.

Definitions "Corporation ': "Housing Authority'! "Project". "Whi tehorse'~ 4

Commissioner may r.xecule Agreement. 5 (5) \1embers of the 1I0using Authority are eligible for re­ appo in tmen t. 5. l11e head office of the 1I0using Authority shall be at Whitehorse. 6. The 1I0using Authority may in its own name and on its own behalf enter into contracts and execute such deeds and agree­ ments snd do such things as msy be necessary to manage and administer, supervise, maintain and operate the Project, and do acts and things as may be necessary for the efficient operation of the Project. 7.

The 1I0using Authority will at all times inform the Commis- sioner of all action taken or proposed to be taken by it in the per­ formance of its duties unless prevented in so doing by emerg­ ency and will comply with any dirp.ctions from time to time given to it by the Commissioner respecting the exerciseorpe~formance oC its powers, duties and functions, and will prepare annually on or before \1art:h 31st an estimate of its expenditures and revenues for the ensuing year and secure approval for such estimates from the Commissioner. 8.

The Commissioner is authorized to enter and execute, on behalf of the Yukon Territory, an agreement or agreements with the Government of Canada which will provide (

a) that on or before the 31st day of March, 1963, the Com­ missioner, the COl1>oration and Whitehorse may enter into an agreement providing 0) that the capital cost of the project will not exceed 8125,000.00; (

b) that under the a/!:reement or aweements referred to in para­ /!:faph (

a) haviD/!: been entered into, the Corporation will construct the project on land pro vi ded by the Crown, and; (

c) for such other terms and condi tions as the Commissioner may awee upon. Oil that the capital cost of the project will be shared 75% by the Corporation, 17Yz% by t.he Commissioner and 7Yz% by Whitehorse; (iii) that the 1I0using Authority will hold, manage, main­ tain, supervise and operate the Project; and (iv) that the profits or losses thereon will be shared75% by the Corporation, 17Yz% by the Commissioner and 7~~r., by Wh i tehorse.

CHAPTER 4 ORDINANCES OF THE YUKON TERRITORY 1962 (First Session) AN ORDINANCE RESPECTING A FINANCIAL AGREEMENT BETWEEN THE YUKON TERRITORY AND THE GOVERNME NT OF CANADA 1. (Assented to May 11th, 1962)

Short Title This Ordinance may be cited as the Financial Agreement Ordinance, 1962,

Part I 2. In this Part, Short Ti tI e •

Definitions (a) "Agreement" means the agreement entered into purs- "Agreement',' suant to

section 3; - (b) "local administrative district" has the meaning given to it in the Agreement; and (c) "fiscal year" means the period beginning on and in­ cluding the first day of April in one year and endingon and including the thirty-first day of i\1arch in the next year. 3. Subject to this Part., the Commissioner is authorized to enter into and execute, on behalf of the Government of the Yukon Territory, an Agreement with the Government of Canada which will provide (

a) that the Government of Canada will pay to the Govel1l­ ment of the Yukon Territory (

i) in respect of each of the five fiscal years in the per­ iod from the 1st day of April, 1962, and ending on the 31st day of \1arch. 1967, a subsidy equal to 311,702. 401 (ii) in respect of eElch of the five fiscal years in the pe ... iod from the 1st day of April, 1962, to the 31st day of March, 1967, 330,000.00 for the purpose 0 f assis- ting in the cost of the administration of the Govern­ ment and the Council of the Yukon Territoryl (Hi) as an operating grant for (

A) the fiscal year 1962, an amount equal to 31,210,079.60; "Local administr­ ati ve distri cl, .. "F iecal year:' C-i __ _ -1 ezec:ate A,e_eaL. P .. vialoaa of 'Ape_aD" 6

Additional provisi on8 of Agreement. 7 (8) lhe fiscal year 1963, an lIIIIOunt equal to $1,567,428.60; (0 the fiscal year 1964, an amount equal to $1,826,310.60; (

D) the fiscal year 1965, an amount equal to $2,069,560.60; (

E) the fiscal year 1966, 811 mnount equal to $2,323,218.60; ad (iv) in respect of eacb of tbe fi ve fiscal years in the per­ iod from the 1st day of April, 1962, to the 31st day of March, 1967, an amount equal to (

A) all moneys owed by the Government of the Yukon Territory to the Government of Canada and becom­ ing doe iD that year under loan agreements enter­ ed into pnrBo&Dt to

Part 11 of this Ordinance,the Yukon Loan Ordinance, 1954, the Hospital Loan Ordinance, 1955, &Dd the Loan Agreement Ordin­ ance, 1961. minus (0) all mooeys paid to the Government of the· Yukon Territory in lhat year by local administrative dis­ tricts in the Territory pursuant to loans made by the Territory from moneys borrowed from the Gov­ ernment of C&Dada pursuant to a loan agreement described in clause (A), as certified by the Com­ missioner; and (

b) that in cODsideration thereof the Governmen t of tbe Yuk­ on Territory will suspend &Dd refrain and will require local administrative districts in tbe Territory to sus­ pend ad refrain from the imposition, levying and col­ lection of (

j) individual income taxes, corporation taxes and corporation iocome taxes in respect of the per­ iod of five years commenciog 00 the 1st day of Jaoary, 1962, and eoding on the 31st day of December, 1966; and (ii)successioo duties in respect of successions or transmissions consequent upon fa death orup­ on property passing upon a death occuring dur­ ing the period of five years commencing on the 1st day of April, 1962, and ending on the 31st day of "arch, 1967. 4. The Agreement shall also provide (

a) that the amounts payable by the Government of Canada to the Govemment of the Yukon Territory shall bepaid (

i) in the case oi the amount described in subpar­ agraphs (

j) and

W) of paragraph (

a) oE

section

3, in equal instalments on the first day of .July and the first day of January in each of the fis­ cal years, (ij) in the case of amounts described in subpara-. graph (iij) of paragraph (

a) of

section 3, in equal instalments on the thirtieth day of June, thirtieth day of September, thirty-first day of December and the thirty-first day of \1arch in each of the fiscal years; and (iij) in the case of amounts described in sub­ paragraph (iv) of paragraph (

a) of

section 3,be' fore the end of the fiscal year in respect of which they are payable by instalments on such days in that fiscal year as the Commissioner may require, and (

b) for such other tenns and conditions as may be agreed upon for the purpose of giving effect to this Oninlllce. 5. The Agreement may be varied or amended from as may be agreed upon with the Government of the Commissioner time to time Canada by 6.

Upon execution of the Agreemen t, the Ordinances of the Territory and any regulations, rules, by-laws or orders made thereunder, including those of any local administrative district shall, for the relevant periods provided in the Agreement, be deemed to be amended, suspended or inoperative, as the case may be, to the extent necessary to gi ve effect to the Agreement and pennit the Government of the Yukon Territory to fulfil every obligation assumed by it under the Agreement. 7.

Neither the Commissioner nor any local administrative dis­ trict shall do any act or exercise any power or collect any tax in contravention of the provisions of the Agreement. Variation and amendment. Suspension of Ordin ances, etc. No tax collections contravenin p; Agreement. 8.

In any case in which by the Agreement any tax or fee is re· Taxes reduced. quired to be reduced, such tax or fee is, for the relevant per­ iods provided in the Agreement, reduced in accortlance with the Agreement, and the tax or fee in the reduced 'I.mount only shall continue to be payable, exigible and recoverable in thesame man­ ner as if it had not been reduced. 9. The Commissioner is empowered to do every act and exer- Powers of cise every power for the purpose of implementing every ob- Commissioner. ligation assumed by the Government of the Yukon Territory un- der the Agreement. 10.

Sections 6 to 9 shall remain in operation for only so long Operation of as is necessary to give effect to the Agreement. sections 6 to 9. 8

Commis:tioner may borrow money. Commissioner may execute Agreement. Commissioner may imple ment Agreement '10 borrowing after Vlarch 31st, 1967. CominR into rorce • 9

Part 11 H. The Commissioner may on behalf of the Territory borrow from the Government of Canada a Rom not exceeding 57,359,103.00. 12. The Commissioner is authorized to enter into and execute on behalf of the Government of the Yukon Territory an ag­ reement with the Government of Canada providinOg for (

a) the repayment to the Government of Canada of the am­ ount borrowed pursuant to

section 11; (

b) the ;-ayment to the Government of.Canada of interest at such rate as may be agreed upon by the Commissioner on the principal from time to time outstanding on the amount borrowed pursoant to

section H; and (cl such other tenns and conditions as may be agreed upon by the Commissioner. 13. The Commissioner is empowered to do every act and exerc~ ise every power for the purpose of implementing every obli­ gation assumed by the Government of the Yukon Territory under the agreemenL 14. 15. No amount shall be borrowed by the Commissioner pursuant to this Ordinance alter the 31st day of \1arch, 1967. This Ordinance shall be deemed to have come into force on the 1st day of April, 1962.

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY 1962 (First Session) AN ORDINANCE TO REPEAL THE POLL TAX ORDINANCE (Assented to April 30th, 1962) 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 Poll Tax Ordinance is repealed. (loO. Y. T. 1958 c. 89 10

Short Title

Definitions. "Fuel oil" "Importer" "Prescribed" "Purchaser" "Vendor"

CHAPTER 6 ORDINANCES OF THE YUKON TERRITORY 1962 (First Session) AN ORDINANCE RESPECTING THE IMPOSITION AND COLLECTION OF A TAX ON FUEL OIL (Assented to April 30th, 1962) The Commissioner of the Yukon Territory, by and with the advice 80d consent of the Council of the said Territory, enacts as follows:

Short Title 1. This Ordinance may be cited as the Fuel Oil raJ: Ordinance. 2.

Interpretation [n this Ordin8Oce, (a) "fuel oil" includes all liquid products obtaiued whether by distillation or condensation or absorption. or any other process. from petroleum, natural g as, casing bead or nat­ ural gasoline, benzol, benzine. naptha, coal, coal tar, oil shal es, kerosene, gas, oil and any combination of 80y such products; (b) "importer" means any person who brings fuel oil into the Territory for sale to or for the use of any other person; (c) "prescribed" me80s prescribed by the regulations; (d) "purchaser" means any person wbo within the Territory purcba&es or receives the delivery of fuel oil for bis own consumption or use; (e) "tax" means the tax imposed by this Ordinance; and (0 "veudor" means ay person who sells or delivers fuel oil to a purcbaser. raJ: and Collection Purchasers to 3. pay tall.

(1) Subject to subsections (3) and (4). every purcbaser sball, at the time of purcbase or receipt of delivery of foel oil, pay to the veudor for remission to the Terri tori a I Treas­ surer a tax, 11 (

a) in the case of pnrcbase or receipt of delivery of fuel oil after the coming into force of this Ordinauce, but before the 1st day of April, 1963, of seven cents per imperial gallon; (

b) in the case of purchase or receipt of delivery of fuel oil on or after the 1st day of April, 1963, but before the 1st day of April, 1964. of eight cents per imper­ ial gallon; and

(

c) in the case of purchase or receipt of delivery of fuel oil on or after the 1st day of April, 1964, of nine cents per imperial gallon.

(2) Subject to subsection (3) and (4), every vendor and every importer shall, with respect to fuel oil used or consumed by themselves, their agents or their e(llploy­ ees, pay to the Terri torial Treasurer in accordan ce wi tn sections 4 and 5 a tax (

a) in the case of fuel oil used or consumed by himself, his agent or employees after the coming into force of this Ordinance, but before the 1st day of April, 1963, of seven cents per imperial gallon; (

b) in the case of fuel oil used or consumed by himsel f, his agen t, or employees on or after the 1st day of April, 1963, but before the 1st day of April, 1964, of eight cents per imperial gallon; and (

c) in the case of fuel oil used or consumed by himself, his agent or employees on or after theIst day of April, 1964, of nine cents per imperial gallon. Vendors and importers to pay tax on self-consumed fuel. (3) (

j) No tax is payable in respect of fuel oil that is used Exemptions. or to be used in stationary generators of el ectri c- ity, to propel an aircraft, for heating, for mining ex- plorati.:>n and preliminary development of an ore body, in the extraction of ore from a mine or the pro- cessing or concentrating of such ore, for placer min- ing as defined in the Yukon Placer Mining Act, for lubricating, for laying or sprinkling on roads or str- eets, or as cleaning fluids or solvents, if (

a) the purchaser of the fuel oil at the time of its purchase or receipt of delivery furnishes to the vendor a certificate, in a prescribed form, to that effect or (

b) the vendor or the importer with respect to fuel oil used or consumed by himself, his agent or his employees submits a certificate, in a presc~ ibed form, to that effect in his returns under

section 4 or 5, respectively. (ii) None of the fuel oil exempted under subsection (3) (

i) shall be used to propel any motor vehicle on a highway as defined in the Motor Vehicles Ordin- ance.

(4) No tax is payable in respect of fuel oil used or to be Ibid used by (

a) the Governmen t of Can ada, (

b) a municipality as defined in the Municipal Ord­ inance, or 12

lIuties of vendor. Collectin/!; tax lIerorti n~ and returns of lax. Contents of ~nvoice. Duties of importer. IIclum showing slo<.:k .Iurin ~ month. lIelurn of taxes. 13 4. 5. (cl a \'isitill~ force as defined in the Visitinl{ Forc­ es (North Atlantic Treaty) ;lct, if the person who receives delivery of the fuel oil has been so authorized by such Government, municipal­ ity ur force, and executes a certifir.ate, In a prescribed form, to that eHect. I'~very vendor shall, (

a) at the time of sale or delivery of fuel oil, levy and col­ lect the tax thereon from the purchaser or, where the pur­ chaser claims exemption Cor tax in accordance with sub­ section (3) or (4) of

section 3, obtain the prescribed cer­ ti fi cate in <;upport of the exemption claimed; (

b) on or before the tenth day of each month, in respect of all sales or deliveries made by him during the immed- i ately preceding mon th, send to the Terri torial Treasurer (

i) the total tax payable by purchasers and any tax pay- able on fuel oil delivered to or used by himself, his ag"­ ents or employees, (ii) prescribed certificates claiming exemption from tax in respect of all sales ,deliveries or consumption up­ on which tax has not been paid, and (iij) a return, in a prescribed Corm showing in respect of the said immediately preceding month, the total Cuel oil on hand at its commencement, purchase d or received during such month and on hand at the close of business on the last day of such month, to­ gether with such invoices, accounts, or other docu­ ments or copies thereof as the Commissioner may require; and (d in every invoice or account furnished by him with resp­ ect to any sale of fuel oil made by him, state the date of sale, the number"of gallons sold, the price per gallon, the rate of tax per gallon and the total tax.

I<very importer shall, on or before the tenth day of each month, in respect of the immediately preceding month, send to the Territorial Treasurer (

a) a return, in a prescribed form, showing, in respect of the SAid immediately preceding month, the total fuel oil on hand at its commen~ement, purchased or rec­ eived during such month, sold or delivered during such month and on hand at the close of business on the last da)" oC such month, together with 3uch in­ voices, accounts or other documents or copies thereof as the Territorial Treasurer may require; and Cb) a return, in a prescribed Corm, showing details of fuel oil used or consumed by himself, his agents or his employees, together with the tax payable there-

6. 7. on or the prescribed certificates claiming exemption from tax. Every person, other than an importer or vendor, who in any day brings into the Territory a greater quantity than fifty gaJlons of fuel oii for his own use shall within ten days thereof submit a return to the Territorial Trp.asurer conc- erning the same together with the tax payabie or the pres- cribed certificate claiming exemption from tax.

Where the Commissioner is of the opinion, upon evidence satisfactory to him, that any certificate under which ex­ emption from tax is claimed is untrue or improper, he may direct the Territorial Treasurer to collect the tax for the fuel oil in respect of which the certificate was compl eted from the person who completed the certificate, and such direc- tion shall be deemed to impose the tax on such person in respect of the fuel oil. Returns of tax by other persons. Where certi fi cales insuHicienl. S. Every vcn dor, importer or person referred to in

section 6 Aecords. shall main tain books or record!! in respect of importation. sales and use of fuel oil in sufficient detail to pennit ex- amination and calculation of the tax and shall preserve such books and records for at least twelve months from the time the tax is collected. Offences and Penalty 9.

(1) Every person who (

a) makes a false statement in any return, certificate or form used under this Ordinance; (

b) obtains or attempts to obtain or knowingly induces, assists or attempts to assist another person to ob­ tain an unwarranted exemption from tax; (d knowingly gives false infonnation respecting any fuel oil transaction; (cl) refuses to produce any records or documents resp­ ecting fuel oil or any container used for holding fuel oil that is in his possession or control; (

e) refuses or neglects to payor remit a tax where re­ quired to do so by this Ordinance or to execute pre­ scribed returns, certificates or fonns in connection with exemptions from tax where required to do so by this Ordinance; or (

f) violates any other provision of this Ordinance or the regulations; is guilty of an offence and liable, upon

summary conviction to a fine not exceeding five hundred dollars, with or without the ad­ ditional amount of any tax not paid as a result of the offence, or to imprisonment for a tenn not exceeding three months or to both fine andimprisonmen~ Offences and penalty. 14

Prosecution does not affect other remedies. Burden of proof. 10. Prosecution 11. to be broup;h t within two years. Regulations. 12. Motor Vehicle 13. Fuel Tax OrdisaDce repealed. 15

(2) A prosecution under this

section does not suspend or af­ fect any remedy for the recovery of any tax or amount payable onder this Ordinance. In any prosecution for BD offence under this Ordinance or in my action or other proceedings brought for the recovery of taxes. the burden of proving that he has paid, levied or remitted a tax or that he is exempted under this Ordinance from liability to pay, levy or remit a tax is on the accused or the defendant. No prosecotion for an offence under this Ordinance shall be commenced after two years from the date of the commis­ sion of the offence.

Regulations The Commissioner may make regulations for carrying out the purposes and provisions of this Ordinance and presc­ ribing fOnDS for returns, certificates and other documents under this Ordinance. The Motor Vehicle Fuel Tas Ordinance,

chapter 78 of the Revised OrdinBDces of the Yukon Territory, 1958, is repealed.

CHAPTER 7 ORDINANCES OF THE YUKON TERRITORY 1962 (First Session) AN ORDINANCE RESPECTING SCHOOLS (Assented to May 11th, 1962) The Commissioner of the Yukon Territor-y, by and with the advice and consent of the Council of the said Terri­ tory, enacts as follows:

Short Title This Ordinance may be cited as the School Ordinance.

Interpretation 2. In this Ordinance. 3. (a) "school" means a school to which this Ordinance applies; (b) "Superintendent" means the Superintendent of schools for the Yukon Territory appointed pursuant to

section 5; and (c) "taxpayer" means a person whose -name appears on the current assessment roll of the Territory or of a municip­ ality or, in the case of a municipality having no assess­ ment roll, a person who owns assessable property in that municipality and shall include a person in respectof whose children an annual grant in lieu of school taxes is paid by the Federal Government. "- Classification of Schools The school system of the Yukon Territory shall consist of (

a) territorial school Sf and (

b) district schools. 4.

(1) Territorial schools may be classed as (a)Yukon public schools, where they are established pur­ suant to

section 8 and operated for the education of children that are not of the Roman Catholic faith, and (

b) Yukon separate schools, where they are established pursllant to

section R and operated for the education of children of the Homan Catholic faith.

(2) District schools may be classed as (

a) puhlic schools where they are estahlish~dpursuant to

section 15, and (

b) separate schools where they are established pursuant to

section 18.

Short Title

Definitions "School" "Superin tenden t" "Taxpayer" Classification of schools in Yukon Territory. Classes of territorial schools Classes of distri ct schools. 16

Superintendent 5. an d Deputy Superintendent. Superintendent's 6. duties. 17 Superinterldent arld Deputy Superintendent The Commissioner shall appoint a Superintendent of Schools and a Deputy Superintendent of Schools for the Yukon Terr­ itory. It shall be the duty of the Superintendent (

a) to visit all schools and inquire into and report to the Com­ missioner upon the progress and attendance of the pupils, the discipline and management of schools, the system of education pursued, the mode of keeping school registers, the condition of school buildings and premises. and gen­ erally upon all such other matters as by the Commissioner are required; (

b) subject to the approval of the Commissioner. to make and establish rules and regulations for the conduct of schools; (cl subject to this Ordinance, to prescribe the duties of teachers; (cl) to ensure that teachers are provided wi th the books nec­ essary for keeping proper records of their classes; (

e) to enslB'e that the school houses, school grounds, school furniture, fences and all school property are properly main­ tained; (

f) to ensure that school wells and all school grounds and premises are kept in proper sanitary condition and that due provision is made for properly lighting, heating,ventilating and cleaning the school grounds and school premises and report to the Commissioner with respect thereto; (

p) to ensure that wholesome drinking water is provided for children during school hours; (

h) to regulate the management of territorial school libraries; (

i) subject to the approval of the Commissioner,to select and (Irovide all rererencebooksfor the use of pupils and teach­ ers in territorial schools and all globes, maps, charts and other apparatus and supplies as are required for the proper instruction of pupils in such schools; (

j) to requ i re th at no text books or apparatus not approved by the Superintendent be used in any school; (

k) to suspend or dismiss any teacher .in a terri torial school for I!;ross misconduct, nel!;lect of dut~· or refusal or ne~lect to obe\' any of the Superintendent's lawful orders or any regulation of the Commissioner; (]) to insure that the schools are conducted in accordance with the provisions of this Ordinance: (

m) to prescribe the age at which pupils may be admitted to grade one: (

n) to investigate disputes arising between parents and a teach­ er or between children and a teacher:

(0) to see that the law with reference to compulsory education and truancy is observed: (

p) to report annually to the Commissioner and the Council of the Yukon Territory on the schools in the Territory, show­ ing (

i) the number of pupils taught in each school, (ii) the average attendance in each school, (iii) the number of his official visits to each school, (iv) the salaries of the teachers, (

v) the qualifications of each teacher, (vi) the number of teachers of each sex, (vii) any other information he may possess respecting the schools -that he feels should be brought to the at­ tention of the Commissioner and the Council of the Yukon Territory,and h-iii) any statemen ts and snggestions for improving the school sand sch 001 I aws and pro ~oting education gen­ era
1y that he deems useful and expedient; and (ix) such report shall be tabled at the next Council ses- ion, to prepare suitable torms and give such instructions as he considers necessary for the makin'g of all reports required by this Ordinance; (

r) to investigate any complaint made to him respecting the state of education in any part of the Territory or the con­ duct of any school and report thereon to the Commissioner; (

s) to close any territorial school when the average regular at­ tendance therein falls below seven; and (

t) to perform such ~ther duties as are assigned to him by the Commissioner; . (

u) with respect to a school established under

Part 11 of this Ordinance the Superi ntenden t shall exercise all the powers and perform all the duties described in this

section except those which are by the provisions of

Part 11 of this Ordin­ ance especially given toor imposed upon the Board of such a school. 7. The Deputy Superintendent shall perform such duties as are assigned to him by the Superintendent and if the Superinten­ dent is absent or unable to act or if the office is vacant, the Dep­ uty Superintendent has and may exercise all the powers of the Superintendent. 8. Part Territorial Schools_ The Commissioner may establish schools at any place in th e Terri tory. 9. The Commissioner may operate and maintain schools estab­ lished by him pursuant to

section 8 for the education of chil- lle,Puty Superintendent's duties. Yukon special schools. IB

dren of the Homan Catholic faith separate and apart from the chil­ dren that are not of the Homan Catholic faith. 10. 0) Subject to subsection (2), the Commissioner may, on be­ half of the Yukon Territory, enter into an agreement with the trustees of a school district transferring to them, on such tenns and condi tions as may be agreed up­ on by the Commissioner, any school site together with school buildings and resideDtial accomodation for lay teachers maintained in connection therewith provided in that school distri et by the Govemmen t of th e Yukon Te~ ri tory.

(2) An agreement entered into by the Commissioner pursuant to subsectio!, 0) wi th the trustees of a separate school district shall be on tenns not less favourable than if the agreement was entered into with the trustees of a pub­ lic school district. Appointment of ll. principal and 0) The Superintendent may appoint a principal for eV4:ry telTitorial school in which more than one teacher is em­ ployed and a vice-principal for every school that has more than two hundred and fifty pupils. vi ce-princ ipal Duties of principal Duties and powers of vi ce-prin ci pal 12. Commissioner to appoint teachers. 13. ]9

(2) The principal of a territorial school shall be responsible for the administration. organi zation and general discipline of the school for which he is appointed.

(3) The vice-principal of a territorial school shall perfonn the duties assigned to him by the principal and if the principal is absent or unable to act, or if the office is vacant, the vice-principal has and may exercise all the powers of the principal. The Commissioner shall, on the recommendation of the Sup­ erintendent. appoint teachers to each terri torial school, due consideration being given to the recommendations re­ gardin g teacher entitlement contained in the report of the Committee on Education 1960.

In any area served by a territorial school the resident ad­ ults may elect three of their number to constitute an Advis­ ory Committee whose function shall be to make to the Sup­ erintendent and to the Territorial Councillor or Councillors directly concerned in the operation of that school recomend­ atioins (

a) with respect to the care, management and supervision of the prop erty of that school; (

b) for promoting harmonious relations between parents and teachers and children and teachers in that school; and (cl for th~ improvement or extension of the education facil- ities for residents of the community In which that scho 0 I is located.

14. In this Part,

Part 11 District Schools (a) "Board" means the Board of school trustees of a school distri ct; (b) "school" means a district school established under this Part; and (c) "returning officer" means a returning officer appointed pursuan t to

section 19. Definition. "Rosrd" "School" "netuminR orricer" 15.

(1) The Commissioner may on receipt of a petition signed Establishment 01 by not less than three taxpayers resident in a school district. (

a) a municipality, or (

b) an area of not more than twenty-five squarel miles. that is outside a municipality and in which there are resident not less than four taxpayers and fifteen ch­ ildre n between the ages of five and si xteen years, establish in that municipality or area a school district. 16. The petition mentioned in

section 15 shall state Contents or 17. 18. 19. (

a) the religious faith, that is to say Protestant or Iloman petition. Catholic, of each of the petitioners; (

b) the proposed name of the school district; (

c) the proposed li mits, location and approximate area of the proposed school district; and 1 (

d) the total number of taxpayers and the total number of children between the ages of five and sixteen years,of the religious faith of the petitioners residing wi thin the I imi t& of the proposed di stri ct. The petition described in

section 15 shall be accompanied by the sworn declaration of one of the petition ers veri fy­ ing the facts set forth therein. Where the Commissioner is satisfied that the proposed school di stri ct contains (

a) fifteen children 01 a faith other than the Iloman Cathol­ ic faith and four residents who, on the establishment of a school district, will be liable for assessment for sch­ ool taxes, he shall establish that district as a public school di strict, and (

b) fifteen children of the Homan Catholic faith and four residents who, on the establishment of a school distr­ ict will be liable for assessment for school taxes, he shall establish that district as a separate school dist­ rict. Election of School Trustees

(1) The Commissioner shall, on establishing a school dist­ rict and as required from time to time, appoint a person who is qualified to vote at an election held under.this Part as a returning officer for that district. P eti tion to be swom. Establishment or public and aepar­ ate school disb'i cte Commissioner to appoint retuminR oHicer ror district. 20

Commissioner to fi. dsy for hol d- inp; of first election. Trustees' term of olli ce. ~ oti ces as to 20. nominations. (}ualHications of voters for public school trustees. 21. ldem. 22. 23. (}ulllifications of vote.s for separate school "trustees. 24. Persons not to 25. vote in two elections. Vnters lisL 26. 21

(2) The Commissioner shall fix a day for the holding of 8D election of the first three trustees fora district andsuch trustees shall hold office until the day in January next following when their successors are sworn in.

(3) All trustees of a school district, other thEUl the first trustees, sh all hol d offi ce for two years.

(4) No decision of a Board of Trustees shall be made by a quorum, a majority of which is composed of persons in respect of whose children an annual grant in lieu· of school taxes is paid by the Federal Govemmen to The returning officer shall within ten days from the date of notification of his appointment post notices for the nomin­ ation of candidates for the office of trustees in the form set out in

Schedule A in five public places within the school district. Subject to

section 24, every taxpayer resident within a sch­ ool distri ct is qualified to vote at BD election of public sch­ ool trustees for that district if he (

a) is a Canadian or other British subject of the full age of twenty-one years, and (

b) has fully paid his rates and taxes of all kinds before the day of nomination of candidates. Subject to

section 24, every spouse of a taxpayer described in

section 21 is qualified to vote at an election of public school trustees for a district if that spouse (

a) is a Canadian or other British subject of the full age of twenty-one years, and (

b) is a resident of the school district. Every person described in

section 21 or 22 who is of the Roman Catholic faith is qualified to vote at an election for school trustees (or a separate school district. A person of the Homo Catholic faith is not qualified to vote at an election of school trustees for a public school district if there is a separate school district in the same mun i ci pali ty or area.

F.xcept in the case of the first election held for school tru­ stees for a separate school district, no person who votes at BD election of school trusteees for a public school dis­ trict shall vote at the election of school trustees for a sep­ arate school district held in the same year. The collector of taxes for a municipality or area cont­ aining a school district shall prepare a list alphabetically arranged of the names of all taxpayers and their spouses qualified to vote at an election of school trustees and shall certify such list.

27. Subject to this Ordinance, a person is qualified to be a tru- Qualificationa of stee of a school district if he is trustees. (

a) qualified to vote at an election of school trustees for that district, and (

b) able to read and write in either the French or English language. 28. No person who is a teacher at any school in the Territory Teachers Dot to shall be eligible to hold office as a school trustee. be trustees. 29.

(1) Every candidate for the Office of school trustee shall be Nominations. nominated in writing by two taxpayers of the district. 30. 31. 32. 33.

(2) Except in the case of the first election for trustees Filing of held in a district, the nomination papers for a candidate nominations. as school trustee shall be del i vered to the retumin g officer not later than five o'clock in the afternoon of the second day of January or, if that date is a holiday, then before five o'clock of the next day thereafter that is not a holiday.

If the number of nominations of candidates for the office of school trustee do not exceed the number of trustees to be elected, the returning officer shall declare the persons nominated to be el ected, and shall send to the Commiss- ioner a report of their election together with the nominat- ion papers of all persons nominated. Where more nominations are received than the number of t~ ustees to be elected, theretumingofficer shall provide one polling place for every two hundred and fifty voters and shall appoint a deputy returning officer an d a poll in g clerk for each polling place.

Subject to this Part, an election held under this Part shall be conducted in the same manner as is provide d in the Mun­ icipal Ordin.8Dce for an election of a member of a municip- al council.

(1) Subj ect to subsection (2),all el ections for school trus- tees held under this Part after the first election in a school district shall be held on the twenty-first day after the day fixed for the nomination of candidates or if such day is a holiday on the next day thereafter that is not a holiday. (2) [f a school district is wholly within a municipality ev­ ery nomination and election under this Part after the first election shall be held at the same time and place and before the same returning officer as the nom­ ination and election of mem.bers of the council for that municipality. Election by acclamation.

Polling places. Election procedure. Date or election. Where school distri ct in a municipality. 34. The returning officer, deputy retill'~l.ing officer and the pol- Oaths. ling clerks shall, before entering upon their respective duties, take' and subscribe the oath set out ill

Schedule 8. 22

35. Opening and closiog of polls. Candidate's agent. Supplies to be provided. Poll den. to record voters. Deputy retuming officer to initial ballots. 36. Voter's oath. 37. Countinp; of ballots. Ballots not to be counted. 23 38.

(1) On the day of an election under this Part the deputy re­ turning officer shall open each poll at nine 0' clock in the forenoon and keep it open until six- o'clock in the afternoon.

(2) Every candidate shall be entitled to be represented at each polling place by an agent who shall produce to the deputy returning officer his appointment signed by the candidate.

(1) The returning officer shall provide each deputy return­ ing officer with (

a) a sufficient number of ballots in the form set out in

Schedule C; -(

b) necessary material to mark the ballots; (cl a polling book which, with snch variations as the provisions of this OrdinBDce make necessary, shall be in the formofthe poll book used for an election of members of a municipal council; and (

d) a copy of the instructions set out in

Schedule D.

(2) The poll clerk shall write in the poll book the name of each voter presenting himself at the poll for the purpose of voting.

(3) When the name of any person presenting himself to vote is found upon the list of voters and when the proper en­ tries respecting him have been made in the po D book, the deputy returning officer shall write his initials on the back of the ballot paper and deliver it to that pe~ son. Where any objection is made to the right of any person to vote at an election of school trustees, the depoty returning officer shall require that person to take the oath set out in

Schedule F before delivering a ballot paper to that pe~ son.

(1) At the hour of six o'clock in the afternoon the deputy returoing officer shall declare the poll closed and with the assistance of his poll clerk and in the pres­ ence of the candidates and their agents, or such of them as are then present, forthwith open the ballot boxes and proceed to examine and count the ballots therein.

(2) Every ballot paper (

a) that is not initialed by the deputy returning officer, (

b) on which votes-are gi ven to more candidate.s titan are to be ele cted, (cl on which anything is written or marked that app­ ears to have been put there for the purpose of en­ abling the ballot to be identified as a ballot of a particular voter,

(cl) that is unmarked, or (

e) from which is uncertain for which candidates the voter has voted. shall be void and shall not be counted. 39. A deputy returning officer shall at the request of any cand- Certificate of 40. 41. 42. idate or agent of a candidate, give to that candidate or ag- votes. ent a certifi cate statinR the nnmber of votes Ri ven for each candidate and the number of ballots rejected.

(1) The deputy returning officer shall, after counting the ballots placed in a ballot box, place all the ballots, the poll books, the oaths subscribed to by voters and the voters list in the ballot box, seal it and return it to the returning officer with a written statement of the votes cast for each candidate and the number of ballots rej­ ected.

(2) On receipt of the ballot boxes used in an election the returaing officer shall (

a) add up the votes polled for, each candidate, (

b) declare the three candida~ee recei ving the greatest number of votes elected, (

c) report the names of the candidates elected to the Commissioner, and (cl) deliver all voters lists, ballot boxes, ballots and oaths subscribed to by voters to the clerk of the municipality, if the school district is in a munici­ pality: or to the Territorial Secretary or his agent, if the school district is outside the municipality.

Before a trustee attends his first meeting with the Board he shall make the following declllfation before a justice of the peace or commissioner for oaths: "I ................. .. do hereby accept the office of trustee for the .............. .. school district to which I have been elected and I will to the best of my ability, honestly and fairly discharge the duties devol ving on me as trustee." 0) The trustees of a school district shall within ten days after the date of their election meet and choose one of their number as chainnan and shall appoint a secreta~y and a treasurer or secretary-treasurer who shall be paid such remuneration as the Board may fix. (2) [n caseof theabsenceorthe chainnan at any meeting of the Board the trustees present shall elect one of their number to act as chainnan of the meeting.

Ballots, etc •• to be del i vered to returninl'\ officer. Declaration of election, etc. by retumin!! officer. Declaratioa of tnaster.. First meetins of bUstees. 24

Trustees e 43. body corporate. AaaDaI lallpeyera meetiag. Notice of aDaDe! lIIeetia8- Chairman. Whea chaiftlUla to vate. 44. 45. 46. Ba.ae .. of 47. I!IIOU! meeting. 25 The lnlsteesof every school district shall be a corporation un der the name "The Board of Trustees for the ............... . School District ~o ................. of the Yukon Terri to ry " • the number of the school district to be established by the Commissioner.

Annual Meetinl{ of Tozpoyers An annual meeting of the taxpayers of every school district shall be called by the Board not later than the first Tues­ day of September in each year and shall commence at the hour of eight 0' clock in the afternoon.

The Board shall at least eight days before the day for which the &nnnal meeting is called post notices giving the day, place aod hour of the meeting in five conspicuolJs places within the district, one of which shall be the post office for that district, and if there is no post office for that district a si][th notice shall be posted in the post of­ fice nearest 10 that district.

(1) The Chairmao of the Board shall be the chairman of the annual meeting and in the absence of the chairman the tax­ payers present shall elect one of their number to pre­ side.

(2) The chairmao shall not vote on any question except in the case of a tie.

(3) It shall be the duty of the Chairman of the Board (

a) to have the general supervision of the affairs of the DistricL (

b) to certify all accounts against the District passed by the Board before such accounts are paid by the Treasurer. (

c) to countersign all cheques issued by the Treasurer on behalf of the District. (

d) to e][ecute agreements with teachers and to procure the e][ecution thereof by teachers, (

e) to designate one of the trnslees as his deputy em­ powered 10 act in his absence or in the event the Chairman is unable or nnwilling to act. The busine ss of the annual meeting shall be conducted in the following order; (

a) the reading and adopting of minutes of the last annual meeting; (

b) the reading aod considering of a slalementof the teach­ er SIgned by him and giving the following particulars:

(

i) the nnmber of days on which school was kept open in each term since the last annUBI meeting. (i

i) the total number of children attending school during that period.specifying the number of mal es and femal eSt (iiil the nnmber of children of school age residing in the district who did not attend school during the year. (iv) the average daily attendance of pupils for each term and for the year, (

v) the classification of pupils and the number of pupils in each cl ass. (vi) the subjects taught in the school and the number of child­ dren studying each snbject, (vii) the number of pupils suspended or expelled for misbeha'viour or other causes, and (viii) the date on which the public examination of the school was held and the number of visitors present; (cl the reading and considering of ,a statement prepared by the trustees giving the following particulars: (

i) the names of the trustees. (ii) the office rs of the district appointed by the trustees and the salaries paid to those officers. liii) vacancies created in the Board during the year, giv­ ing the causes therefor and an account of the elect­ ions held to fill such vacancies . and the resDIt.e thereof. (iv) the contracts entered inLo during the year by the Board as well as an account of those entered into by their predecessors. (

v) the num.ber of regular and special meetings of the Board held during the year together wi th a st­ ateme nt showing the number of meetings attended by each member. and (vi) the number of visits made by each member of the Board to the school whHe it was in operation: ' (

d) the reading and considering of the treasurer's statement for the fiscal year ending on the thirty-first day QfMarch ,preceding the annual meeting. giving the following part­ iculars: (

i) the amount of money received by the district from 26

Special 48. lDeeliDI of laKpayen. Calli.DS 01 epec.al lDeeli ... Nolice. Ba.iDe •• 01 49 • • ped.1 lDealiDp. 27 each source of revenue including government grants whether paid directly or indirectly .to teachers in the distri ct. (ii) the amounts of money paid out by the district with particulars as to whom such amounts were paid. (iii) the amount of money due to the district from all sources with particulars as to these sources, and (iv) the amountofmoney due by the district and the leans and times of payment; (

e) the reading and considering of a statement prepared by the collector of taxes and signed by him giving the fol­ lowing particulars: (

i) the total assessed value of all property as shown by the last revised assessment roll, (ii) the total amount of taxes levied during the year, (jii) the rate of the school tax, (iv) the current taxes collected during the year, (

v) the arrears of taxes coli ected during the year, and (vi) the total arrears of taxes that are due, together with a statemen t of the amount owing by each taxpayer; (£) the reading and considering of the Auditor's report; (

g) the reading and considering of the Superintendent's re­ port received since the last annual meeting; and (

h) snch further statemen ts ill relation to the affairs of the district as is deemed advisable. Special Meeting of Taspayers

(1) A special meeting of the taxpayers in any dislriCl may be held at any time for the purpose of considering any matter not otherwise provided for in this Ordinance.

(2) The secretary of the Board shall call a special meeting of taxpayers when required to do so by the Board, the Commissioner or the Superintendent or by a notice in writing signed by twenty-five percent of the taxpayers.

(3) Th e noti ce cal Jj ng a sp eci al meeti ng shall set forth the purpose of the meeting and shall be posted in the man­ ner provided for notices of annual meeting. No business shall be considered at a special meeting of taxpayers other than that mentioned in the notices calling the meeting.

so. 51. 52. 53. 54. 55. 56. Meetings of School Boards A meeting of the Board may be called by the cbainnan or by a trustee. Subjec t to

section 52, a meeting of the Board shall be cal­ led by giving notice in writing to each trustee two days prior to the date of the meeting or in the absence of a trus­ tee from his residence or place of business by leaving such notice with an adult person at the trustee's residence or place of business.

(1) The Board of BOy district may at any meeting at which all of tbe members of the Board are present de cide by resolution to hold regular meetings of the Board and. such resolution shall state the day, hour and place of such meeting aDd no further or other notice of any such meetings shall be necessary.

(2) The Board may by unanimous consent recorded in the minutes waive notice of any meeting and hold a meet­ ing at any time.

(1) A majority of the Board shall constitute a quorum.

(2) No act or proceeding of a Board shall be valid or bind­ ing on any party if it is not adopted at a meeting at which a quorum of the Board ts' present.

(1) Wbere the number of the trustees of a school district is reduced to one or to none the Commissioner shall ap­ point a returning officer and fix a day for the election . of trustees.

(2) A trustee elected to fi U an office declared vacant shall hold office only for the unexpired tenn of the person in whose place he has been elected.

(3) NotwithstaDding subsection (1), where the tenn of of­ fice of a trustee whose seat has been declared vacant is over one-half completed, the Commissioner may ap­ point a trustee for the remaining period of the tenn of that office. At all meetings of the Board all questions shall be decided by a majority of votes. The Board of every school district shall (

a) appoint a chainnan, a secretary and treasurer or a sec­ retary-treasurer and such other officers as are required. by this Ordinance; (

b) procure a corporate seal for the district; (

c) see that aI I the reports and statements required by this Ordinance or by the Superintendent are transmitted to the Commisssoner without delay; (

d) keep a record of the proceedings of each meeting of the CalliJlg of Board meetiog. Notice of meetiog. Replar meetiog&. Special meetiop. Quorom. Meetiop required to have quorum. Vacaocies 00 Board. Trustee to serve ooly ooexpired term. Commissio IIIlr mayappoiot trustee. Questioos to be decided by majority of votes. Duties of Board. 28

29 Board signed by the chainnan and secretary, see that true accounts of the schools in the district are kept, and see that the affairs of the district are conducted in the manner provided by this Ordinance and with due re­ gard to efficiency and economy; (

e) provide the officers of the Board with the books nec­ essary for keeping proper records of the distri ct; (

f) take possession of, and have the custody and safe keep­ ing of, all the property of the district; (

g) purchase or rent school premi ses, repair, furnish and maintain the school buildings, furniture, fences and all other school property, keep the wells, washrooms and prem­ ises, of each school in a p"roper sanitary condi tion,make due provision for pr cperly I ighting, heating, venti lating an d cleaning each school and if it deems it advisable, purchase or rent premises for a residence for teachers of each school and repair and maintain order in such residence; (

h) provide wholesome drinking wate r for the use of the children in each school; (

i) provide suitable sanitary facilities for the children and teach ers in each school; (

j) keep insured the school buildings and equipment; (

k) provide a suitable library for each school and make reg­ ulations for its management and use; (

J) provide from the list authorized by the Commissionerall reference books required for the use of pupils and teach­ ers in each school and all such apparatus as it is requir­ ed for the proper instruction of pupils in each school; (

m) require that no text books or apparatus be used in a school other than those authorized by the Superinten­ dent; (

n) exempt, either in whole or in part any indigent persons resident within the district from the payment of school taxes and where necessary provide the children of such pe rsons with text books and other supplies at the ex­ pense of the district; (0) see that the school is conducted in accordance with the requirements of this Ordinance and of the Commissioner; and (

p) discipline as it sees fit, any pupil who, upon investi­ gation by the Board, is found to be guilty of truancy, open opposition to authority, habitual neglect of duty,

57. the use of profane or improper language or other con­ duct injurious to the moral tone or well-being of the school. (

q) Engage and employ, subject to any regulations made by the Commissioner relating to qual ificati ons and work­ ing conditions, all teachers, principals, vice-principals and other personnel necessary for the efficient operation of the school. (

r) Suspend or dismiss any teacher, principal, or vice-prin­ cipal for gross misconduct, neglect of duty or refusal or neglect to obey any lawful order of the Board or Sup­ erintendent or any regulation of the Commissioner. (

s) Make regulations for the management of the school. (

t) Settle disputes arising in relation to the school between the parents or children and teachers. (

u) Provide and see that any law with reference to compuls­ ory education and truancy is observed, and (

v) Provide equipment and supplies for the noon lunch and such equipment and appliances for school sports and vames as may be deemed desirable by the School Board. (

w) Designate the head teacher as principal of any school where more than one teacher 'is employed and in any school with an enrolment of more than two hundred and fifty pupils shall desi~ate a vice-principal, and (

j) the principal shall with the concurrence ofthe Board be responsible for the administration, or~anization and ~eneral discipline of the school, and (ii) the vice-principal of a school shall perform the dut­ ies assigned to him by the principal, if the principal is absent or unable to act, or if the office is vacant, the vice-principal has and may exercise all the powers of the principal. (

x) The parent or lawful ~ardian of any child residin~ out­ side the limits of any district may apply to the Boa~d for the admission of such child to its school and the Board may, after due consultation and a~eement with the Superintendent enroll such child in its school sub­ ject to satisfactory financial arrangements being nego­ tiated. The secretary or secretary-treasurer of the Board shall (

a) keep a full and correct record of the proceedings of every meeting of the Board and see that the minutes when approved are signed by the chairman; (

b) conduct and p-eserve the correspondence of the Board as he is directed by the Board; Duties of the secretary • 30

Duties of Ibe treasurer. 31 58. (cl have da~ of BDd keep on record all the books, papers, accounts, assessment rolls, plans and maps committed to his charge by the Board during his term of office and deliver the same to the chairman on ceasing to hold of­ fice; (

d) faithfully prepare and duly lraosmit to the Commission­ er such reports, statements and other information in re­ gard to the district as is from time to time required by the r.ommissioner or the Superintendent and in such form as is prescribed by the Superintendent; (

e) at the request in writing of the chairman or any trustee, call meetings of the Board; (0 produce the minutes aod other books, assessment rolls and all papers aod other records of the Board for insp­ ection when required by the Superintendent so to do; (

g) prepare the statement of the trustees to be presented at the annual meeting of tbe taxpayers; (

h) at any annual or special meeting of tbe taxpayers pro­ duce the minute book of the district completed totbe date of the meeting aod give the taxpayers an opport­ unity to examine the same; aod (

i) give the notice required by this Ordinance of each an­ nual meeting of the taxpayers, and call, within seven days Df the date ·of receipt of the request, special meet­ ings of the taxpayers as provided in

section 48 of this Ordinance. The tre_urer or secretary-treasurer of the Board shall (

a) before entering upon his duties give security to the Board satisfactory to it in the form of a guarantee bond from any guarantee company authorized to do business in Canada, in the amount of aoy moneys for wbid. the treasurer may at aoy time be responsible; (

b) receive all moneys payable to the District and dispurse such moneys in the manner directed by the Board.; (cl rlly all accounts owing by the district aher they are certified by the chairman of the Board; (<

I) keep a complete and detailed account of all moneys received and disbursed for school purposes, including government JQ'ants that may have been paid directly to teachers in the district; (

e) when called for by the trustees, auditor, Superintendent of Schools, or other competent authority, produce all books, papers and mone)"s belonginJl: to the district and hand over 10 the trustees or any person named by them

59. 60. 61. 62. all such books, papers and money upon ceasinlt to hold office; (0 prepare at the end of each fiscal year endinjt \1arch 31st, a statement of the finan ces of the di stri ct for su bmi s­ sion to the annual meetin(l; of the taxpayers; (

g) prepare and transmi t to the Superintendent such reports and statements with reference to the finances of the district as are from time to time required by the Super­ intenden t and in such form as is prescri bed by the Super­ intendent; (h)deposit all moneys of the District fortlrwith upon rec­ eipt thereof in a Canadian chartered bank; (

j) give and take receipt~ for all school moneys received and paid out, and keep on file all supportinjt vouchers; and (

j) at any annual or special meetinlt of the taxpayers pr~ dnce the account books of the District completed loa date designated by the Chairman oC .the School [loard and give the taxpayers an opportunity to examine the same. The Commissioner shall appoint for every school district an auditor who shall audit the books and accoun ts of the school district in each year prior to "the ann·ual taxpayers meeting.

(1) The Bo"ard of every district shall cause to be prepared and transmitted to the Superintendent in the form pre­ scribed by him half-yearly and yearly returns respectin~ the atlendBnce and classification of pupils in the dist­ rict and the finances of the district.

(2) Where the Board of any district neglects or refuses to have prepared and transmitted to the Commissioner any returns and reports required by this Ordinance or by the Commissioner or Superintendent, the trustees throngh whose neglect or refusal such retums and re­ ports have not been transmitted shall be jointly and severally liable to a penalty of ten dollars for each week that the reports and returns are del ayed, wh i ch amount may be recovered by action in the Territorial Court by any person authorized by the Superintendent to bring such action.

Resil{nation of Trustees A trustee may resi~ by sendinlt a notice in writin~ to the chairman of the Board and such resijl1lation shall take ef­ fect on the election or appointment of another trustee Vacation of Office A trustee who (

a) is convicted of an offence under the Criminal Code, Commissioner to appoint auditor. Return and reports. Penalty for failure to make returns and reports. Resignation of trustee. Forfeiture of offi ce by trustee. 32

63. Trustee Dot la hsve iDteresla in cODlncla with school district. Peaslty. 64. Bono_isS for cureat eIIp eDu ID rea. BonowislI 65. for .,eci.J p • .,.s_ Repaym_t. AssesBlllest, 66. raliDR and collection oltaaes. (

b) be com es in san e, (

c) absents himself from meetings of the Board over three consecutive months without the autho.rity of a resolut- ion of the Board, or '. (

d) ceases to be an actual resident within the district for which he is a trustee, shall be deem~d to have forfeited his seat. and the remain­ ing trustee or trustees shall declare his seat vacant. 0) No trustee shall have either directly or indirectly any pecuniary interest, profit or expected benefit in or from any contract, agreement or enWlgement with the school district of which he is a trustee or receive any compen­ sation for any work, employment or duty on behalf of such district except as secretary, treasurer or secret­ ary-treasurer for the distri ct.

(2) A trustee who viol ates subsection (1) shall be deemed to have forfeited his seat and the remaining trustees shall declare the seat vacant.

Financial The Bo~rel of any district may by resolution authorize the chainnan or treasurer to borrow from any chartered bank in Canada a sum not exceeding sixty per cent of the school taxes to be levied for the current year, as are required to meet the expenditures of the school district, until such time as the school taxes levied for the current year are av­ ailable, and such loans shall be paid out of and shall be a first charge upon the taxes that are coli ected for the year in which the loan was made and may be secured by a prom­ issory note given by the chainnan and treasurer on behalf of the Board. 0) The Board of any district may, upon receiving the ap­ proval of the Commissioner, borrow a sum not exceed­ ing forty thousand dollars for the purpose of securing or improving a school site, or on purch asin/!:, repairing, erectin/!:, furnishing or addin/!: to any school building.

(2) Any amount borrowed pursuant to subsection 0) shall be made repayable in equal annual instalments with in­ terest and may be extended over a period of not more than five years, and any such amount borrowed shall be secured by promissory notes given by the chainnan and treasurer on behsl f of the Board. The provisions of the Municipal Ordinance respecting the assessment, ratin/!: and collection of taxes shall apply mutatis mutandis with respect to the assessment, rating and collection of taxes by a school district that is situated withi n a ,nunicipality, and the provisions of the Taxation Ordillanre re~rectin/!: the assessment, ralin/! and collect-

67. 68. 69. ion of taxes shall apply mutatis mutandis with respect to the assessmen t rating and collection of taxes by a school district that is situate in an area that is outside a munic­ ipality.

(1) Where a district is situate within a municipality the trustees may, after the final revision of the assess­ ment roll of the municipality, make a demand on the Council of that municipal ity for the amount of money required for school purposes for the then curren t year, but such amount shall not exceed an amount equal to twenty-five mills on the dollar according to the last revised assessmen t roll of the property I iabl e for as­ sessmen t in that distri ct for ordinary school purposes, with such additional amount as may be necessary to meet any indebtedness that has been incurred and "is coming due, and such sum shall be assessed and col­ lected as the rates of the municipality.

Demand on muni ci pal i ty for collection of ta][es.

(2) Subject to this Ordinance, the property liable to assess­ ment and taxation for school purposes shall be the prop­ erty liable to assessment for taxation for municipal or Territorial purposes.

(1) Where a separate school district is established by the Commissioner, the assessor shall add a col umn to the assessment roll in which he shall state the reli~on, wheth er Protestan t or Roman Cathol i c, of the person assessed.

(2) Where in a separate school dist~ict property is held by two or more persons as joint tenants or tenants in com­ mon who are of different reli~ious faiths the holdersof such property shall be assessed in proportion to their respective interests in the property.

(3) Where a separate school district is established by the" Commissioner, the taxpayers of that district shall be I iable only for the paymen t of such school taxes they impOSE upon themselves in respect of that school.

(1) A company may, by notice given to the clerk of a mun­ icipality in which a separate school district is situated, to the secretary of the Board of any public school dis­ trict in the same district and to the secretary of the Board of such separate school district, require any part of the real property of which that company is either the owner or occupant that is liable to assessment, to be entered, rated and assessed for the purpose of the sep­ arate school district and the assessor shall thereupon enter the company as a separate school supporter in the assessment roll in respect of that property.

(2) The notice described in subsection 0) shall be taken as continuing in force and to be acted upon by tile clerk of the municipality until such time as the company vacates the property or so notifies the clerk.

(3) Every notice described in subsection (1) silall he kept by the clerk of the municipality on file in ilis office and shall during the business hours of th eel erk' s

I) Hi ce he Property liable for· assessment and t8ll.ation. Aasesament for separate schools. Where property held jointly by persons of different religious faiths. E][tent of I iability of separate school supporters. Corporation may require property be assessed for aeparate school purposes. Durstion of notice. Inspection of notice. 34

Penalty for raJse atatement. Executions against Boards. 35 70. open to inspection and examination by any person entit­ led to examine or inspect the assessment roll.

(4) A company giving a notice described in subsection 0) that contains false statements therein is liable on sum­ mary conviction to a penalty not exceeding five hun­ dred dollars, and any person giving such notices on behalf of a company knowing it to contain false state­ ments is guilty of an offence and liable on

summary conviction to a fine of 8500.00 or to imprisonment for three months or both such fine and imprisonment.

(5) Where a company that is either the owner or occupant of real property in a separate school district that is li­ able to assessment under this Ordinance for school pur­ poses does not file a notice pursuant to subsection (

I) the Assessor shall enter the company as a separate school supporter in the assessment roll in respect of a portion of its total real property so assessable and situate in that separate school district that is the same fraction of the total of all its real property assessabl e under this Ordinance situate in that separate school district as the number of children enrolled on the last school day of January of the year in respect of which the assessment is made in all schools operated by that separate school district is of the number of children enrolled on that same day in all schools, whether Ter­ ritorial or District in the area comprising that separate school district. t'secutioras Agairast Board of School District (

I) A writ of execution against the 130ard of any district may be endorsed with the direction to the sheriff to levv the amount thereof by rate; and the procedure therein shall be as follows: (

a) the sheriff shall deliver a copy of the writ and en­ dorsement to the treasurer or leave such copy at the office or dwelling house of the treasurer together with a statement in writing of the sherifrs fees and of the amount required to satisfy the execution, in­ cluding interest calculated to the day of service; (

b) if the amount described in paragraph (,

a) is not paid to the sheriff within one month after the service, the sheriff shall examine the assessment roll of the dis­ trict :lnd shall in like manner as rates are struck for general school purposes, strike a rate on the dollar on the assessable property in the said district suf­ ficient to cover the amount due on the execution, wi th such addi tional amount as the sheriff deems sufficient to cover the interest and his own fees up to the time when such rate will be available; (

c) after striking a dollar rate on the assessable prop­ erty in the district, the sheriff shall issue an order under his hand and seal of office directed to the treasurer of the district and shall by such order, af­ ter reciting the writ and that the Board had neglect­ ed to satisfy the amount of the execution, command

the treasurer to levy or cause to be levied the rate struck by the sheriff at the time and in the manner by law required in respect of general school rates,;' (

d) the treasurer shall at the time of levying the annu:l1 rate after receipt of the sheriffs order add a column to the tax roll in the said district headed "Execut­ ion rate A.B. vs.

Trustees of School District ....... or by adding a column for each execution if there is more than one. and shall insert therein the amount required by the sheriff's order to be levied upon each person respectively, and the treasurer shall, as soon as the amount of the execution or executions is col­ lected. return to the sheriff his order with the amount levied thereon; and (e)the sheriff shal~ after satisfying the executions and all fees thereon, retum any surplus paid by the treas­ urer within ten days aher receiving the same to the treasurer for the general purposes of the district.

(2) The treasurer of a school district shall for all purposes connected with ClllTYing into effect or permitting or as­ sistin g the sheri ff to clllTY into effect the provisions of this Ordinance with respect to executions against a district be deemed to be an officer of the court out of which the writ issued, and as such shall be amenable to the court and may be proceeded against by attach­ ment, mandamus or otherwise in order to compel him to perform the duties imposed upon him. -~

(3) In this se ction "treasurer" means "Treasurer" defined. (

a) in the case of a school district situate within a mun- icipality. the treasurer of such municipality; and (

b) in the case of a school district situated outside a municipality. the officer performing the duties of treasurer of the Territory. 71.

(1) No school Board shall charge tuition fees unless the Tuition fees. 72. 73. parents or guardian of a pupil in attendance at school in the district resides outside the district.

(2) Tbe tuition fees ch erged by a school Board shall be the The Commissioner fees prescri bell by the Commission er. to prescribe fees. Any Board or any member thereof that wiJlfully neglects or refuses to exercise or to assist in exercising all the powers vested in such Board by this Ordinance for the fulfilme'nt of any contract or agreement made by it is persl)nally respon­ sible for the fulfilment of that contract or agreement. Where the Board of any distri ct (

a) wilfully contracts liabilities in the name of the district other than are provided in this Ordinance. or Liability of Board IlIld membere. Liability of trustees for debts. 36

Liability of Board. Peaalty for falee report.'i. 74. 75. Peaal ty for 76. retaiDiDI mODeyor books. Pensltyon returninl officer for prejudi cial results of electioa. :17 77. (

b) appropriates BDy moneys ofthe distri cl for purposes other than are provided in this Ordinance, the treasurer of the district or BDy other person autbori zed by the Commissioner may recover from the members of that Board, either jointly or severally, the amount over BDd above the amount provided by this Ordinance for which the district has been rendered liable through the action of the Board as a debt in BDy court of competent jurisdiction.

The members of a Boardfailing to take a guarantee bond from its treasurer shall be join tl y and severally liable for any de­ faultofthattreasurer to the extent of the sum for which such bond should have been taken, but where on the demand of any trustees the majority of the Board refuses or neglects to take the guarantee bond from the treasurer, such demand shall be recorded in the minutes of the Board and that trustee shall be relieved from all personal liability in the case of any default of th~treasurer.

Every trustee who knowingly signs a false report or know­ ingly makes a false return, is guilty of an offence and liable on

summary conviction to a fine not exceeding five hundred dollars or to impriaonment for a term not exceeding three months or to both such fine and imprisonment. Every trustee, offi cer or employee of a Board who~ aher c easing to hold offi~e, retains any money, book, paper or thing belonging to a Board after having received notice in writing from the chairman of the Board or from the Commiss­ ioner requiring him to deposit the same in the hands of a ·person named in such notice is guilty of an oHence and I i abl e on

summary con vi ction to a fine not exceedin g 1200.00 for each Jay d U'ing which he wrongfully retains possession of such money, book, paper orthing .and in de­ fault of paymen t of that fine, to imprisonment for a term not excecdin g thi rty days or to both such fi ne and i mprisonmen 1. ~~ve ry returning officer of a district who knowingly pre­ judices the resultof any voting by preventing votes from be­ ing taken, by taking unlawful votes, by altering returns or books in any way, or by any other means, is gui Ity of an offence and liable on s unmary conviction to a fine not ex­ ceeding one thousand dollars or to imprisonment for a term not exceeding six nonths or to both such fine and impri­ sonment.

78. 79. 80.

PART 111 General 0) The school year shall begin on the first day of July in each year and shall end on the thirtieth day of June next following.

(2) The school year shall consist of two tenns, the first term commencing on the first day of September or if the first, second or thi rd day of September in any year is Labour Day or the day following Labour Day and ending on Fridav of the week immediately preceding the week that includes Christmas Day, and the second tenn co~ mencing on the third day of January or if the third day of Jannary in any year is a Saturday or a Sunday, on the fourth or fifth day 9f January in that year.

(3) Notwithstanding subsection (2), the Commissioner may authorize the Superintendent to hold school in July and August of any year and select the pupils to be enrolled therein.

(1) School shall be held between nlDe o'clock and twelve o'clock in the forenoon and one o'clock and four o'clock in the afternoon of every day except Saturdays, Sundays and holidays.

(2) Subject to the approval of the Commissioner, the Super­ intendent may alter the school hours for any school in the Territory.

(1) The following days shall be school holidays: (

a) Good Friday, (

b) Easter Monday, (

c) the birthday of the reigning sovereign, (

d) Empire Day, (

e) Dominion Day, (0 Discovery Day, (

g) Labour Day, (

h) Thanksgi ving Day, (

j) Remem bran ce Day, (

j) New Years Day, and (

k) any day specially appointed as a holiday by the Governor General or the Commissioner.

(2) The Superintendent may, with the approval of the Com­ mi ssion er, gi ve such other hol i day or hol idays as he deems proper to any school which is open during the whole school vear. but any such school shall be open atleastone hundred and ninety days in each school year.

(3) Nothwithstanding su bsections (1) and (2), the Superin­ tendent may, with the approval of the Commissioner, close any school or schools at such time and for such period as he deems necessary. School ye .... TenDS of scbool year. Scbool may be be Id iD Joly IIDd AOIUa. Scbool boon. Ahcratioa of school boon. Holidsy •• CioGiD, of scbools. 38

English language. 81. Religious 82. instruction. Children lOay leave during religioua inslnlction. Lord's Prayer. Persons not 83. lD in terfere with the education of children. Kindergarten. EducatiOD of adult. and retarded children. Compulsory education. Penalty. 39 84. 85. All schools shall be taught in the English language, but the Superintendent may pennit a primary course to be taught in the French language in any school • •

(1) Religious instruction may be Riven to children in school during the first half hour of each day or during such other period as the Commisaioner may prescribe. (2) wt.ere religions instruction is given in a school pursuant to sub8ection 0), any child attending that school may, with the approval of hi8 guardian or parents, leave the 8chool during the time that such religious instruction is given or remain in school without taking

part in that religious instruction.

(3) The Superintendent may direct that any school or schools be opened by the recitation of the Lord's Prayer. Noperson shall attempt in any way to deprive a child of the advantage that he might derive from the ordinary edncation Riven in a school and any such action on the part of a teacher shall be grounds for his dismissal. (1) (2)

(1) The superintendent may establish kindergarten classes for the teaching and training of children between the aged of four and six years, and, with the approval of the Commissioner, may fix and charge a monthly fee for each pupil attending su ch classes to cover the cost of maintainingthe kindergarten. The Superintendent may, with the approval of the Com­ mis8ioner, establish classes for the instruction of adults and retarded children and prescri be the requiremen ts for admission to those classes.

Every parent, guardian or, other person having the care or control of a child that is seven years of age or over, but not over the ages of fifteen andis resident in an area in which there is a school shall send that child to school for each day of the school year and during the months of July and August if so instructed by the Super­ intendent unless (

a) the child is prevented from attending school for any unavoidable cause; (

b) the child has reached a standard of education equal to or higher than that to be obtained in that school; or (cl the child is being instructed in a manner and to a standard satisfactory to the Superintendent. (2) ~very person who violates subsection (1) is guilty of an offence and liable on

summary conviction to a fine not exceeding 1200.00 or to imprisonment for a tenn not ex­ ceeding 30 days or to both such fine and imprisoninent.

(3) For the purposes of this Ordinance a child shall be Age of child. deemed to be of a given a~e when the anniversary of his bi rthday the number of whi ch corresponds to that a~e is fully complete and until then to have been under that age. 86. The Superintendent may appoint a truant officer for any Truant of6cers. school and may make regulations for the directions of suc" officer in the enforcenent of this Ordinance. 87.

(1) The Superintendent or a principal of a school may disci· Diseipliae in pline a pupil for schools. 88. (

a) persistent truancy, (

b) persistent opposition to authority, (

c) habitual neglect of work, (

d) the use of profane or improper langua~e, (

e) the practice of any vice likely to effect injuriously the character of other pupils, or (0 any conduct injurious to the health, morals or we\1- being of the school.

(2) Where the Superintendent or principle suspenlls a pupil from school,he shall immediately inform the CommiRsion­ er of all circumstance s of the case and the Commission­ er may, (

a) expel the pupil, (

b) suspend the pupil for a specified len~th of time. or (

c) permit the pupil to return to school • .

(1) Upon production of a certificate of illness or '1uurantine si gned by a duly qual i fied med ical practi tioner, 11 teMher in territorial school is entitled to his salary durin~ thllt illness or quarantine for it period cal culated on the busis of one and one quarter days for each month thut he hllR taught school in the Territory.

(2) A district school teacher shall be entitled to the same benefits as are R'anled to 11 territorial Rchool tellcher under subsection 1 of this

section and any tellcher trunH­ ferring to another di stri cl school or fro~ a terri tori ul school 10 a d istri ct school or from a di Rtri ct !'Ichool to " territorial school in the Territory without 11 hrellk in Her­ vice shall have his salary entitlement durin~ !'IickneHH calculated on the basis of his ftg~re~ate Rervice in the Territory. 89.

(1) Each teacher on first 8Jlpointment to u "o!utlon as a teacher in anv school governed hy this Ordinunce shall for the first two year of service be classified 88 hold­ ing aProbationery :\ppointment and thereafter as holding a Permanent :\ppointment. Soperiateadeat to report sospeasioa to Commissioaer. Sick leave for te acher. 40

Duties of teacher. ·1\ 90.

(2) Where the Superintendent or School Board suspends or dismisses any teacher holding a permanent appointment he or the School Board liS the case may be, shall notify the teacher by double registered letter stating the reason for the suspe nsion or dismi ssal.

(3) Where a teacher holding a permanent appointment is suspended or dismissed by the Superintendent or the School Board he may wi thin ten days of recei pt of the notice des cri bed in subsection(2)appeal the S I6pension or dismissal to the Commissioner who shall thereupon appoint a board consisting of three members to review all the circumstances and hear such evidence as they shall think necessary and the Commissioner, after consi­ dering the report of the Board may confinn or revoke or modify the orde.· of suspension or dismissal. It shall be the duty of every teacher (

a) to teach dilligently and faithfully all the subjectsrequir­ ed to be taught by the Commissioner; (

b) to maintain proper order and discipline and conduct and to manage the school according to the regulations of the Commissioner; (cl to keep in a conspicuous place in the school room a time­ table and submit such time-table to the Superintendent for h is approval; (

d) to keep in the prescribed form the school registers and records and to give access to them to the Superintendent and any other person authorized by the Commissioner to inspect them; (

e) at the end of each term or at any other time, to promote such pupils from one class to another as he deems fit, subject to the approval of the Superintendent; (0 at su ch times as may be di rected by the Superin tenden t, to send reports to the parents or guardians of each pupil respecting that pupil's attendance, conduct and progress at school; (

g) to attend to the proper heating, ventilating and cleanli­ ness of the class room and of the sanitary facilities of the school, and to report thereon to the Super intendent; (

h) to exercise vigilance over the school property the build­ ings, fences, furniture and apparatus and where the school is a territorial school to give prompt notice in writing to the Superintendent of any injury to the same; (

j) in a territorial school,to report to the Superintendent any needed repairs to the school buildings or to furniture in it and any required supply of fuel, drinking water, furni­ ture or equipment; (

j) lo notify the Superintendent and the \ledical Health o Hi cer for the distr ict in whi ch the school is si tu ate whenever he has reason to believe that any pupil attend­ ing school is affected with, or has been exposed to, any infectious or contagious disease, and to prevent the

otten.:ianc:.: at school of &;:y rupil s.; "rr~~:·"':,J ,.;,' ,:xi'0!!l';c or suspend oFbeing arrectcdor~)·r/oseJ ur.til furnisheu with a wr'~ten statement of a medical J(ictor or 0 puclil.: heal th nUl'se that the child is not suffering from any in­ fectious or contagious disease or has not been exposed-­ to such a disease or that all danger.from such exposure has passed; (

k) to suspend any disobedient pupil hom class and forth­ wi th report in writing the facts of such suspension to the Superintendent; (

I) to assist the Superintendent in making any relams or reports required by this Ordinan-ce; (

m) to fami sh to the Commissioner. the Superintendent or any person desi gnated by the Commissioner. any in fo~ m ali on which it is in his power to give respecting any­ thing connected wi th the operation of the school or in any way affecting its interests or character; (

n) in a territorial school. to deliver up the school register. school house key or other school property in his posses­ sion when required to do so by written order of the Com­ missioner or Superintendent in the manner and to the person described in the order; (0) to atlend all meetings of teachers called by the Supe~ intendent or the principal of the school in which he is employed; and (

p) to report in writing at once to the Superintendent or the Commissioner upon any matter on which they require a report. 91. The Commissioner may classify schools in the Territory by C1._iBead. such description as he deems appropriate. O. achool .. 92. The Commissioner shall. on the recommendation of the Dad .. O. Superintendent. Co_i .. ioaer. 93. (

a) prescribe the curriculum of studies to be followed in all schools in the Territory; . (

b) prescribe the text books to be used in all schools other than for religious instruction; (

c) establish the system of examinations to be used in all schools in the Temtory; and (

d) prescribe the qualification~ and working conditions for teachers in all schools in the Territory. The Commissioner may in respect of territorial schools (

a) authorize any pupil. notwi thstanding anything in this Ordinance to take courses of study by correspondence on such terms and conditions as the Superintendent deems proper and pay such expenses involved in such courses as the Commissioner may determine; (

b) provide such dormitory accommodations and food. cloth­ ing. medical and dental care for pupils as he deems necessary; PO_NO' Co_i_ioaer. 42

PeDalty for distarbiDg meetiDg. False returns. 43 (

c) provide residence s for 'teachers and fumish and maintain such residences; (

d) pay to the parent. guardian or other person having the care or control of a chi I d who in order to attend school is compelled to board away from his home such amount as the Commissioner deems necessary to enable that child to attend school but such amount shall not exceed twenty two dollars per month for any child; and (

e) pay the actual cost of transporting pupils to and from their homes or other residence approved by the Commis­ sioner for the purpose of this c1awe 80d the school they attend or pay such amounts as he may fix to the parent. guardian or other person having the care and control of the child for the transporting of that child to aod from his home aod the school aod so far _practicable in fix­ ing the payments under this clause the Commissioner shall. in the absence of 80y special circumsla8ces re­ lated to the extreme youth or physical condition of a child pay transportation allowance on Jy in respect of a pupil I Mng two or more miles by nearest passable road from the school he is required to attend.

Such lranspo .. tion allowance shall be calculated at the rate of five cents per mile each such child is actually transported to his school by the shortest practicable route on a school day subject to a maximum payment of one dollar per day in respect of each such child.

P enolties 94. ,Every person who wilfully disturbs or interrupts the procee~ ings of any school meeting authorized to be held by this Ordinance. or anyone who wilfully disturbs or interrupts the conduct of any school by rude or indecent behaviour. or by making a noise either within the place where school is kept or held. or so near thereto as to disturb the order or exe .. cises of the school. is ~i Ity of an offence and liable on

summary con vi ction to a fine not exceeding two hundred dollars and in default thereof to imprisonment for a term oot exceeding thirty days or to both such fioe and imprisonment. 95. 96. Every teacher who keeps a false school register or who know ingly makelt a raise return is gui Ily of an offence and liable on

summary conviction to a finenotexceedingS200.00 or in default thereor to imprisonmeot ror a term not exceed­ ing thirty days or to both such fine and imprisonmenL Every person who violates any provisions of thiS Ordinance or the regulations ror which no other penalty is provided in this Ordinance is guilty of an offence and is liable upon

summary conviction to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding thirty days or to both such fine and imprisonmenL

97. (1) 0\0,0 numberoheachersmay or~anizeo themselves into an association, and subject to the re~lations of the Department, may ho Id conventions and institutes for the purpose of receiviD~ instruction, discussin~ edul"ationnl matters an d matters relatinp: to salarieA lInd workinJt conditions. (2) (

a) Such association if representinp: a maiorit\' of the teachers in the terri toria! sl"hool& may appoint a three member salary committee to meel with a three member advisory committee a(,(,ointell b\' the Com­ missioner to discuss salaries and workin~ l"onditions. (

b) The Advisory Committee to be ap(,oinled under Ihis

section shall be composed of a member of the Yukon Legislative Council, a member of the lle(,lIrtmenl of Education and a member of the p:eneral('ublic. (3) '1eetings of the salary and advisory committee mH~' he initiated by either committee Hnd shllll be held III a lime which will enable ('roper consideration 10 he p:i"\'en hy the Commissioner before the (,reparation of the estimates for the succeedinp: )'ear.

(4) The Advisory Committee crealed uncler ~uh~el"tion (::!) of this

section shall report to Ihe Commissioner lInll Ihe Financial Advisory "Commilee of Ihe Yukon l.ep:iHlali ve Council. 98.

(1) Where the necessity for

interpretation of un\" sel"tion, loterpretatioo. word, phrase or other meaning may Arise relllli,'e to tlli~ Ordinance,due consideration shall be J.:i yen 10 .he rel'OIn- mendations of the Committee on ~:dul"lllion l"ontllincII in their report in the year 1960 and Ihe .Iccision~ .Ilerf'nn of the Yukon Legislative Counl"i1 IIlken in 1960 :1,11 Session.

(2) Regal ations made in accordan ce wi th tll i~ Orclinan .oc shall be made within the meaning of Ihc recom,"en.luli.,n~ of the Committee on ~:ducation in like manncr to Sul~ section (1). Fin ancial 99. Subject to this Ordinance all moneys collecle.1 IIH fineH Paymeot of under this Ordinance shall be paid into the Yukon ConHoli- fioes to V.C.R.F. dated Revenue Fund. Repeal. 100. The School Ordi[lance •

Chapter 99 of the Ilevised Or.linan- Repeal. ces of the Yukon Territory, 195R, is repealed. 44

SCHEDULE A. Public notice is hereby given to the voters of the School District of .................... that nominations of candidates for the office of trustee for said district shall be delivered to me at .................... in said district before the hour of five o'clock in the afternoon on ... · ....... the ................ . day of ..................... 19 .... .

Public notice is hereby given to the said voters that if a pol Ishall be granted for the election now pending for the said trustees such poll will be open on ................. the ..•............ day .................•. ,19 .............. , from the hour of nine o'clock in the forenoon till six o'clock in the after­ noon at the polling stations hereinafter desigoated in and for each of the following polling divisions. that is to saYi For Polling Division No. 1 consisting of those electors whose surnames commence with the letters from .......... to .......... (or whose residences are in the area bounded as follows ............... , or as the division. is otherwise designated) at ...... .. .......... (here clearly describe the polling place) For Polling Division No • .......... (and so continue for all the other polling divisions in the school distri c~ And I will at •••••••••••••••••••. ,00 the ••••.••••••••.•••••• day of ••••••••••••••••• 19 .......... , at ......... ~o·c1ock in the .......... noon·. sum up the votes and declare the result oE the election.

Given under my hand at the ............. .. of .......... in the Yukon Territory. this .......... day of .......... 19 ...... :.:.· .. . SCHLDULE B.

Oath of Returning Officer, Deputy Returning Officer and Poll Clerk: I, .................... do swear that I have not received any sum of money, office, employment or gratuity, or BDy bond, bill or note, or any promise of gratuity by myself or another, to my use or advantageJor making any return at this election: thlltl will return to the (Returning Officer or Commission­ er as the case may require), a true and faithful account of the votes polled in this election. and that I will faithfully discharge my dUly at the elec­ tion to the best of my knowled~e and judgment. So help me God. 4S

SCIIl-:llllLE C. JOII~ DOE X Electioo of School IUCIIAIUl HOE X Trustees for the GEOFFHEY STII.ES X School District of JOII~ STILES X S CII EIlULE D. I!'ISTHUCTIO~S. The names 01 the persons nominated shall be printed in the space on the rigbt of the lorm in alphabetical order and the voter shall mark his ballot for the persons for whom he desires to vote by placin,; a cro"" on the riRht hand side 01 the ballot opposite the names or 8uch person". Any other mans placed OD the ballot by any voter will invalidate the same. SCHEIlUU: E.

I ••••••••••••...•••••••••••••••• do solemnly swear (or arlirm) that I am a C .. adi .. citizen or other Aritish subject or the rull aRe or twenty-one years. a resident taxpayer or .................... district and have paid the tasea dae by me in respect of property in the said .................... school district: (or the wile or husband or a taxpayer or .................... school district) that I have n at before voted at this election; (in the case or an electioo of a separate school trustee, ) "that I am of the .................... .. faith od a supporter of the separate school" and that I have not received either directly or indirectly nor have I any hope of receivinR any. reward for voting at this time and place. 46

CHAPTER 8. ORDINANCES OF THE YUKON TERRITORY 1962 (Fi rst Session) AN ORDINANCE RESPECTING THE LORD'S DAY (Assented to April 30th, 1962) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory enacts as follows:

Short Title

Short title. 1. This Ordinance may be cited as the Lord's Day (Yukon) (}rdinance.

Definitions 2. In this Ordinance, "Council" (0 "Council" means the Council of any municipality as "Electors" defined in this Ordinance and includes the Council of any city, village or improvement area or any other muni­ ci pal au thori ty herein after created by or under an Ordi­ nance of the Yukon Territory, competent to pass a by­ law under this Ordinance; (ii) "electors" means all electors as defined in the Munici­ pal Ordinance, being

Chapter 1 of the Ordinances of the Yukon Territory, 1959 (Second Session); "Municipality" (iii) "MlDlicipality" means a municipality as defined in the Municipal Ordinance, being

Chapter 1 of the Ordinances of the Yukon Territory, 1959 (Second Session); "Settlement" (iv) "settlement" means any area of not nore than twenty- Sunday sports may be made lawful. 47 3. five square miles in which is located a named postal office and having a resident population in excess of 100 persons and which does not form a part of a munici­ pality. General

(1) Where a by-law passed under this

section is in force and subject to its provisions, it is lawfu); in the muni­ pality or in such part or parts thereof as are specified in the by-law for any person, after 1:30 o'clock in the aftern oon of the Lord's Day or during such period or peri ods of time after 1:30 o'clock in the afternoon of the

Lord's Day as are specified in the by-law, to provide, engage in or be presen t at any publ i c game or sport th at is specified in the by-law and which but for this Ordi­ nance would be unlawful under

section 6 of the Lord's Day Act (Canada), or to do or engage any other person to do any work, business or labour in connection \Vi th any such public game or sport which but for this Ordi­ nance would be unlawful under

section 4 of the Lord's Day Act (Canada).

(2) Subject to subsection 5, the council of any city, town, village or township may pass a by-law, (

a) providinS that subsection 1 applies in the Municipality or specifying a part or parts of the municipality in whid! subsection 1 applies; (

b) providing that subsection 1 applies after 1.30 o'clock in the afternoon of the Lord's Day or specifying the period or periods of time after 1:30 o'clock in the dftemoon of the Lord's Day during which subsection 1 applies; and (

c) specifying the public games and sports to which sub­

section 1 appl ies.

(3) Any provision of a by-law under this

section may differ in different parts of the muni cipality and in respect to di f­ ferent public games and sports.

(4) A by:-Iaw under this

section shall not specify horse­ racing as a public game or sport.

(5) No by-law under this

section shall be passed until the following question has been submitted to and has received the affirmative vote of a majority of the electors who vote on the qu eSlion ; Are you in favour .. of public games and sports for gain after 1.30 o'clock in the afternoon of the Lord's Day to be regulated by municipal by-law under the authority of the Lord's Day (Yukon) Ordinance.

(6) No by-law passed under this

section shall be repealed until the following question has been submitted to and has recei ved the affirmative vote of a majori ty of the el ectors who vote on the question; Are you in fa vour of the repeal of the by-law passed under the authority of the lord's Day (Yukon) Ordinance, that regulates public games and sports for gain after 1.30 o'clock in the afternoon of the Lord's Day? R.S.C, 1952, c. 171. ImplementinR by.law authorized. Variation in by·law authori zed. Horse·racinK· Vote before passinR of by-law. Vote before repeal of by·law.

Sunday movies etc., may be made I awful. ImplemeDliD8 by-law aUlborized. VarialioD in by-I aw aUlhori zed. Vole before paasin8 of by-Idw. Variation of queslion. 49 4.

(1) Where a by-law passed under this

section is in force and subject to its provisions, it is lawful in the municipality or in such parts or parts thereof as are specified in the by­ law for any person, after 1:30 o'clock in the afternoonohhe Lord's Day or during such period or periods of time after 1:30 o'clock in the afternoon of the Lord's Day as are spec­ ified in the by-law, to provide, engage in or to be present at any exhibition of moving pictures or any theatrical perf­ ormance, any concert or any lecture or such of them as are specified in the by-law and which but for this Ordinance would be unlawful under

section 6 of the Lord's Day Act (Canada), or to do or engage any other person to do any work, business or labour in connection with any such exhi~ ition of moving pictures, theatrical performance, concert or lecture, as the case may be, which but for this OrdinBDce would be unl awful under

section 4 of the Lord's Day Act (Canada).

(2) Subject to subsection 4, the council of any city, town, village or township may pass a by-law, (

a) providing that subsection 1 applies in the mnnicipality or specifying a part or parts of the municipality in which subsection 1 applies; (

b) providing that subsection 1 applies after 1.30 o'clock in the afternoon of the Lord's Day or specifying the period or periods of time after 1:30 o'clock in the after­ noon of the lord's Day during which subsection 1 applies; and (

c) specifying that subsection 1 applies to theexbibition of moving pictures, theatrical performances, concerts and I ectures or anyone or more of them.

(3) Any provision of a by-law under this

section may di (fer in different parts of the municipality and in respect of the exhibi tion of moving pi ctures, theatri ca I performances, concerts or lectures.

(4) No by-law under this

section shall be passed until the following question has been submitted to and has received the affirmative vote of a majority of the electors who vote on the question: Are you in favour of moving pictures, theatrical perfor- mances, concerts and lectures (or as the case may be) for gain after 1.30 o'clock in the afternoon of the Lord's Day to be regul ated by muni cipal by-Jaw under the a utho­ rity of the Lord's Day (Yukon) Ordinance.

(5) The question set out in subsection 4 may be varied by deleting therefrom anyone or more of the expressions "moving pictures", "th eatri cal performan ces", "con certs:' or "lectures" as the council by resolution determines.

(6) No by-law under this

section shall he repealed until the following question has been submitted to and has received the affinnative vote of a majority of the el ectors who vote on the question: Are you in favour of the repeal of the municipal by-law passed under the authority of the Lord's Day (Yukon) Ordinance that regulates moving pictures, theatrical perfonnan ces, con certs Ilnd I ectures (or as the case may be) for gain after 1:30 o'clock in the afternoon of the Lord's Day?

(7) The expression "concert" in this

section does not in­ clude a concert of an artistic and cultural nature that is govemed by

section 7. 0) The council may submit any question set out In this Ordinance to the electors at any time. "Concert-' defined. Wheo question may be submi tted.

(2) Upon the presentation of a petition requesting that a Petitioo. question under this Ordinance be submitted to the electors, signed by at least 10 per cent of the electors in the munici- pality, the council shalJ before or at the next municipal election submit the question to the electors, but, if a peti- tion is presented in the month of November or December in 'any year, it shalJ be deemed to be presented in the month of February next folIowing.

(3) A petition mentioned in subsection 2 shall be deemed to Idem. 6. 7. be presented when it is lodged with the clerk of the municip- ality and the sufficiency of the petition shall be determined by him and his certificate as to its sufficiency is inclusive for all purposes. Every by-law under this Ordinance shall (rovide for the reg­ ulation and control of the activities specified therein, and may provide for the regulation and control of any matter or thing in conn ection therewith.

It is lawful for any person after 1:30 o'clock in the after­ noon of the Lord's Day to provide, engage in or be present at any concert, reci tal or oth er musi cal perfonnan ce of an artisti c and cultural nablre produced by a non-profi t orga­ nization at which an admission fee is charged and which but for this Ordinance would be unlawful under

section 6 of the Lord's Day Act (Canada), or to do or engage any other person to do any work, business or labour in connection with any such concert, recital or other mus ical performance which but for this Ordinance would be unlawful under sec­ tion 4 of the Lord'sDay Act (Canada). 8.

(1) Where a majority of persons over the age of twenty-one years,residing in a settlement, present to the Commissioner satisfactory evidence of their desire to permit in the settle­ ment the same activities which in the case of amunicipality may be made the subject of a by-law under the provisions Regulatioo aod cootrol. Suo day lIIosieal CODcerts lawfal. 50

When daylight sHving time in effect. 9. of this Ordinance, he may permit such acttvltles upon terms wh ich conform as far as possibl e to the terms which would govern similar activities in a municipality. (.2) The Commissioner may, in his discretion, revoke or limit the permission given under subsection 0). 1= iUld so long as the time commonly observed in a mUnICI­ pality in which a by-law under this Ordinance is in force or in whi ch a co ncert, reci tal or other musi cal performan ce is producedunder

section 7 is one hour in advance of standard time, the times mentioned in this Ordi nance or in a by-law under this Ordinance shall be reckoned in accordance with the time so commonly observed and not standard time.

CHAPTER 9. ORDINANCES OF THE YUKON TERRITORY 1962 (First Session) AN ORDINANCE TO PROVIDE FOR THE MAINTE~ANCE OF CERTAIN DEPENDANTS OF TESTATORS AND INTESTATE (Assented to May 11th, 1962) The Commissioner of the Yukon Territory, by and with the advi ce and consen t of the Coun ci I of the said Terri tory, enacts as follows:

Short Title 1. This Ordinance may be cited as the Dependant's Relief

Short title. Ordinance.

Interpretation 2. 0) In this Ordinance, (a) "allowance" means an allowance ordered to be paid pursuant to this Ordinance; (b) "child" includes (

j) a natural child, stepchild or adopted child of a deceased, or (ii)a child who appears to the satisfaction of the Court in effect to have been adopted although there has not been compliance wi th the Adoption Ordi nan ce; "AJlowaoce" "ClJild" "C-rt" (cl "Court" means the Territorial Court of the Yukon - Territory; (d) "deceased" iD eludes a testator and a person dyin g "DeceMed" intestate; -'d " (e) - ependant means the spouse of a deceased, a child of the deceased under twenty-one years of a~e, and a child of the deceased twenty-one years of age or over ~o by reason of mental or physical infirmity is unable to earn a livelihood, and any person who satisfies th e Court of a moral cl aim to parti cipate in an estate under the provisions of this Ordinance; (f) "estate"means all the property of which a deceased was competent to dispose by will, otherwise than by vi;tue of a special power of appointment, less the amount of his funeral, testamentary and administra- tion expenses, debts and liabilities and any succes- "DepeadllDt" "Eatate" sion or other duties payable out of his estate on his death. 52

Appli catiOll of Ordi IUIII C e. ApplicatioD lo Courl for relief. IDlestate deemed to be a teetstor et Co Service of aotice of motiOll. Notice of motiOll. 3. 4. 5. Affidavit. 6. Other evideace. 7. Maiateaaace order. 8.

(2) This Ordinance is applicabl e in respect of any deceased person who, at the time of bis death on or after the 1st day of January, 1962, was domiciled in the Yukon Terri­ tory. 0) Where a person dies domiciled in the Yukon Territory leaving one or more dependants, an application may bemade to the Court by or on behalf of any such dependant for an order making reasonable provision for his maintenance.

(2) Where an application is made mder subsection (1) by or on behalf of any dependant of an intestate, then, for the purpose of this Ordinance, the intestate shall be deemed ~o be a testator and to have provided by will for the; distribu­ tion of his estate as an intestacy, and this Ordinance shall be construed accordingly. Any application may be made by notice of rmtion styled in the matter of the estate of the deceased.

(1) Notice of any application shall be served upon (a.) the public administrator for the judicial district in which the deceased was last ordinarily resident, and (

b) the executors named in the will or any person to whom a grant of letters of administration has been made, at least fourteen clear days before the notice is returnable.

(2) The Court may direct any other person to be served with notice of an application and, subject to this Ordinance, the practice and procedure of the Court upon applica- tions in chambers shall, so far as the same are found to be applicable, apply to proceedings under this Ordi­ nance. An application shall be supported by an affidavit of the applicant setting forth fully all the facts in support of the application. In addition to the evidence adduced by the applicant, the Court may direct such other evidence to be given as it deems necessary.

(1) If upon an application the Court is of opinion that the deceased has by will so disposed of real or personal property that reasonable provision has not been made for the mainteuance of the dependant to whom the applica­ tion relates, then. subject to this Ordinance, the Court may in its discretion make such order as it deems pro­ per charging the whole or any portion of the estate with payment of an allowance sufficient to provide such maintenance as the Court thinks reasonable, just andl equitable in the circumstances.

(2) No allowance ordered to be made to the wife of a de­ ceased shall be less than she woul d have recei ved if her husband had died intestate leavi OS a widow and children, but the Court may refuse to make an order in favour of a widow who had wi thout reasonable excuse left her husband or was otherwise separate d from her husband nnder such circumstances as would diseDlitle her to alimony •.

(3) Payment of an allowailce may be made to or for the use and benefit of a dependaot (

a) in the form of a lump sum, (

b) ia the form of periodic payments of stated amounts, or (

c) by the transfer or assignment or property (

i) absolutely, or (ii) in trust for life or a term of years.

(4) Where a tra.Dsfer or assi8llment of property is ordered pursuant to subsection (3~ the Court may give all neces­ sary and proper directions for the execution of the trans­ fer, or may grant a vesting order.

(5) The Court shall, in determining Whether and how provi­ sion tiJrmaintenance ousht to be made by an order, have regard to the nature of the property comprising the de­ ceased's estate and shall not make any order necessi­ tating a realizatiOD that would be improvident having regard to the interests of the dependants and any person who, apart from the order, would be entitled to any such property.

(6) The Court shall, in deciding upon an application, have regard to (

a) aoy past, present or mlDr\l capital or income receiv­ ed from any source by the dependant to whom the appli cation rei ates, (

b) the claims that any person may have as a dependant of the deceased, and (

c) generally, any other matters that the Court deems should be taken into account.

(7) The Court shall, in deciding upon an application, have regard to the deceased's reasons, so far as ascertain­ able, for making the dispositions made by his will or for not making any provision or any further provision, as the case may be, for a dependanL and the Court may Widow'lI allowaac:e. How allowaac:e may be made. late .... te protected. Fac:tora to be takea iato ac:c:olIDt. Idem. 54

Devi.e or 9. property plIl"8l1aal to cODtract. Allowaace. rail 10. rateably OD whole e.tale. Power or Coart 11. to rei e .. e put of "tale. Power of COllrt to allow commlltatioa. 55 12. accept such evi dence of those reasons as it considers sufficient, including any statement in writing signed by the dece ased a