Yukon Ordinances, 1954 — Ordinance respecting Scientists and Explorers ........... . An Ordinanc

Yukon Ord. 1954

Yukon — Historical Statutes

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1954 FIRST. SECOND AND THIRD SESSIONS w. G. BROWN COMMISSIONER Printed and Published for the Government of the Yukon Territory under Authority of

Chapter 7S of the Consolidated Ordinances of 1914. BY W. D. ROBERTSON, Queen's Printer

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1954 FIRST. SECOND AND THIRD SESSIONS w. G. BROWN COMMISSIONER Printed and Published for the Government of the Yukon Territory __ Authority of

Chapter 7S of the Consolidated Ordinances of 1914. BY W. D. ROBERTSON, Queen'. Printer

Chap. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 1l. 12. 13. 14. TABLE OF CONTENTS FIRST SESSION An Ordinance respecting Scientists and Explorers ........... . An Ordinance to make uniform the Law respecting Assignments of Book Debts _._ ...... _ ............................................ _ ................. .

An Ordinance respecting the Legitimation of Children An Ordinance to Authorize the City of Whitehorse to construct Waterworks and Purification Systems and Sewage Disposal Plants and to Rorrow Money Therefor An Ordinance to Amend the "Amusement Tax Ordinance" .......... ............................... .. ............ _ .. _ ......... _ ......... _ ........ _ .. _ ............... . An Ordinance to Amend the "~Iotor Vehicle Ordinance" An Ordinance to Provide for Change of Name .....

An Ordinance to Amend "The Yukon Game Ordinance" An Ordinance to Amend "An Ordinance respecting the Council Df the Yukon Territory" _ .. _ .......... _ ............................................ . An Ordinance to Amend the "Hours of Labour Ordinance" .................... ___ ................. _ .. _ .......... _ .... _ ............... _ ................ _ ............ _ .. _ ... _ .... .

An Ordinance to Amend "The Fair Wages Ordinance" An Ordinance for Granting to The Commissioner Certain Sums of l\·loney to Defray the Expenses of the Public Service of The Territory..... ................................... .. ........................ .. An Ordin;mce for Granting to The Commis5ioner Certain Sums of l\loney to Defray the Expenses of The Public Service of The Territory .................................................... .. An Ordinance Granting a Beer Licence to Gordon Crum and Norman )'Iytron of Tcslin. in Yukon Territory .......... .. SECOND SESSION l.

An Ordinance to Amend the "Annual Holidays Ordinance" ............................. .. ................................... __ ............................................. .. 2. An Ordinance Empmvering the Commissioner of The Yukon Territory to Grant a Franchise to Yukon Electrical Company Limited to Sell and Distribute Electric Energy in The Whitehorse Area, Y.T ...... __ ... _ ... 3.

An Ordinance to Authorize the Commissioner to Borrow One :\£illion Dollars from the Government of Canada and to Loan that Slim to the City of Whitehorse, and to Authorize the Commissioner to Execute an Agreement Relating Thereto ......................... _ ..... _ ............. _ ....... _ ... _ .... ___ ................................. .. THIRD SESSION 1. An Ordinance Respecting the Form and

Interpretation Page 1-3 4-13 14 15-19 20-21 22 23-31 32 33 34 35 36-42 43-44 4S-4{1 49 50-51 52-61 of Ordinances ........................................................... __ ..... _ ............ _ ........... _ .............. _...... 65-81 2. An Ordinance Respecting the Medical Profession ............ 82-92 '3. An Ordinance Respecting Hotel, Boarding H:Juse and Lodging House Keepers ........................... ................................................ 93-98 4. An Ordinance Respeding Agisters and Keepers of Livery.

Boarding and Sales Stables ............................................................ 99-102 5. An Ordillance Respecting the Limitation of Actions ............ 103-122 6. An Ordinance Respecting Bills of Sale and Olattel l\<{ortgages ........... _............................ .. ........... _.......................... 123-141 7. An Ordinance Respecting the Distribution of Estates of Intestates .. _ ................ _ ................ _............ .. ............................. _................ 145-118

Chal)· 8. ~n. <?rdil!at:lce Respecting Distress for Rent and Extra- Judicial ~elZllre ............................ -...... _ ...... _ ............ _._ .. _ ...... _ ..... _ ....... __ .... _ ....... _ .... . 9. All Ordinance Respecting Hire Receipts and Conditional Sale of Goods __ ......................... _ ....... _ ....... _ ............ _ ......... _ .... _ ....... _ ............ _ .. _ .. _ .. _ .... . 10. An Ordinance Respecting the Capacity, Property and Liabilities of Married Women ...................... _ ..................................... _ .... _._ .. . 11.

An Ordinance Respecting Arbitration ..... _ ......... _ ............. _._ ..... _ .. . 12. An Ordinance Respecting the Practice of Dentistry .... _ 13. An Ordinance Respecting the Adoption of Children ..... . 14. An Ordinance Respecting the Liens of Woodmen ................. . 15. An Ordinance Respecting the Driving of Saw Logs and other Timber on Lakes, Rivers, Creeks and Streams ........ . 16 An Ordinance Governing the Storage, Transportation and Distribution of Inflammable Petroleum Products in the Yukon Territory .......................................... _ ............................................. . 17.

An Ordinance Respecting Choses in Action 18. An Ordinance respecting \Varehousemen's Liens ........... . 19. The Devolution of Real Pr.operty Ordinance ............................. . 20. An Ordinance Respecting Landlords and Tenants ........... . 21. Au Ordinance Respecting Insane Persons ................................... . 22. An Ordinance Respecting the Sale of Goods ........................... . 23. An Ordinance Respecting the Protection and Care of Archaeological Sites ...... _ .. _ ................................................. _ ..... _ ........... . 24.

An Ordinance Respecting Exemptions ............................................... ,. 25. An Ordinance Respecting Factors and Agents .......... _ ..... . 26. An Ordinance Respecting Partnerships ... _ ..................... _ .. _ .......... . 27. An Ordinance to Prohibit Children' Being on Streets After Nightfall ....................................... _ .................... : ............................................... . 28. An Ordinance Respecting Motion Pictures ................................... . 29. The Creditors' Relief Ordinance .~ ........................................................... . 30.

An Ordinance Respecting Coroners ._ ........................................ _ .......... . 31. All Ordinance Respecting Marriages .... _ ............... _ ............................ . 32. All Ordinance Respecting Actions for Lible or Slander 33. An Ordinance to Prevent Unnecessary Noise ._ ...................... . 34. An Ordinance to Repeal Certain Ordinances ....................... . 35. An Ordinance Respecting Wills ....................................................................... . 36.

An Ordinance Respecting the Administration of Civil Justice __ ....................... _ ....... _ ............... _ ...... _ ....... _ ................ _ .... -........... _ ....................... _ ... . 37. All Ordinance Respecting Jurors and Juries ............................. . 38. An Ordinance Respecting the Registration of Births, Marriages, Deaths and Other Vital Events _ .............................. . 39. An Ordinance to Amend the ").Iunicipal Ordinance" ........... . 40.

All Ordinance to Amend "The Yukon Territorial Public Serv·ice Ordi nance" ................. , ............................. , ........................................................ . 41. An Ordinance to Amend the "Annuity Plan Ordinance" 42.

An Ordinance to Amend the "Assignments of Book Debts Ordinance" ................................................................ _ ....... _ .................................. . 43. ,An Ordinance to Amend the Workmen's Compensation Ordinance .. _ ........................................................................ _ ......................... _ ....................... . 44. An Ordinance to Amend the "Government Liquor Ordinance" .......................................................... _ .................................. _ .......... _ ...................... . 45.

An Ordinance to .Amend the Gasoline and Diesel Oil Tax Ordinance ................. _ ............................. __ ........... _. __ .. _ .. _ ................. _ ... _ ..... . 46. An Ordinance for Granting to the Commissioner Certain Sums of Money to Defray the Expenses of the Public Service of the Territory _ .. _ ...........•..... _.................. . .................... _ ........... .

Page 149-153 154-163 164-167 168-178 179-187 188-193 194-205 206-21 I 212-225 226-227 228-232 233-2.)8 239-271 272-277 278-300 301-304 305-307 308-313 314-337 338-339 340-346 347-360 367-390 391-420 421-429 430-4:il 432-433 434-445 446-469 469-483 484-524 525 526-527 528 529 530 531-5,?2 533 534

SOENTISTS AND EXPLORERS

CHAPTER 1 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE RESPECTING SCIENTISTS AND EXPLORERS (Assented to March 29, 1954.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, ena"Cis as follows:

SHORT TITLE CHAP. 1 1. This Ordinance may be cited as the "Scientists and Ex-

Short Title plorers Ordinance". 2. (1) (2) 3.

(1) LICENCES The Commissioner may issue a licence, subject to such conditions as to duration, area or otherwise as he may prescribe, to a person to enter the Territory for scientific or exploration purposes and to carry out those purposes in the Territory. The Commissioner may, at any time, for any cause that to him seems sufficient, extend, renew, alter or revoke a licence issued under this section. In addition to any conditions prescribed with respect to a licence issued under

section 2, every licence is subject to the following conditions: . (a) (

b) that the objects of entry of the holder of the licence into the Territory are exclusively for scientific or exploration purposes and not, in any way, political or commercial; and that, subject to

section 4, the licencee wiIJ strictly comply with the provisions 6f all laws of the Territory. Issue Extension, etc. Condition. applicable to all licences No political or commercial objects Compliance with other Ordi"ance.

CH~P .. 1 Statement of identity, ete. Compliance with Archa~· logical Siles Ordinance No entry without licence

(2) SaENTI~TS Al'JD. EXPLORERS Every applicant for- a. lice!1ce shaH furnish to the Commissioner· an ~ccu~ate statement showing the number. identity and nationality of the persons who wi.Jl accompany .. him as w~Il as his own identity and nii.tii:malitj:·· . . . 4. Unless the Commissioner otherwise directs. the issue of a licence under this Ordinance does n~t relieve the licencee from compliance with the: "Archaeological Sites Ordi nance". 5. No person shall enter the Territory for scienti~c or ~x ploratio!l: purposes and 'no person shaH' carry out s~ch purposes in the Territory unless he'is 'the holder of a valid licence issued under this Ordinance. RETURNS Returns to 6.

(1) Commissi01ler Every licencee shaH. at the· close of the scientific or exploration work in respect of which his licence was issued. furnish. in duplicate, to the Commis sioner: .. Returns to R.C.M.P., ele. (b) (c) (

d) a statement· setting forth the scientific in formation he has acquired in carrying out the purposes I~ respect of w'hich the licence was issued; a report setting forth the localities visited and and the time spent·in each locality; a descriptive catalogue of all specimens coIlect ed;. copies of all photographs taken and maps and plans made .in connection with' the work to . gether with explanatory notes.; and (e) :such other information as the Commissioner may prescribe.

(2) Every licencee shaH· forthwith after. being requested by him to do so, furnish to a member of the Royal 2

SOENTISTS AND EXPLORERS Canadian Mounted Police or an officer-in-charge of a government patrol, or other Crown officer, a log of voyages by water taken by the licencee, or in formation of the route followed on journeys by land or air taken by him, as the case may be, together with full particulars of such voyages or journeys. CHAP. 1 7. The Commissioner may require a 'licencee to submit to Specimens him or to such person as the Commissioner may designate, any or all of the specimens collected by the licencee, and such specimens may be disposed of in any manner the Commissioner thinks fit. REGULATIONS 8.

The Commissioner may, from time to time, make rules Regulations and regulations for carrying out the purposes and pro- visions of this Ordinance. PENALTY 9. A person who violates any provision of this Ordinance or the regulations or the conditions of a licence issued under this Ordinance is guilty of an offence and is liable on

summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both fine and imprisonment. REPEAL Ollence and penalty 10. "An Ordinance Respecting Scientists and Explorers", Repeal

chapter 4 of the Ordinance of 1935, is repealed.

CHAP. 2

Short title

Definitions "Assignee" "Assignor" "Dook debts" "Cr~di tors" ASSIGNMENT OF BOOK DEBTS

CHAPTER 2 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE TO MAKE UNIFORM THE LAW RESPECTING ASSIGNMENTS OF BOOK DEBTS (Assented to March 29, 1954.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as foHows:

SHORT TITLE 1. This Ordinance may be cited a's the "Assignments of Book Debts Ordinance".

INTERPRETATION 2.

In this Ordinance, (a) "assignee" means any person to whom an assign ment of book debts is made; (b) "assignment" includes every legal and equitable assignment, whether absolute or by way of security, and every mortgage or other charge upon book debts; (c) "assignor" means any person making an assignment of book debts; (d) "book debts" means aH such accounts and debts, whether existing or future, as in the ordinary course of business would be entered in books, whether actuaHy entered or not, and includes any part or class thereof; (e) "creditors" means creditors of the assignor, whether execution creditors or not, who become creditors before .the registration of an assignment, and, for 4

(f) (g) (h) (i) (

j) ASSIGNMENT OF BOOK DEBTS the purpose of enforcing the rights of such creditors but not otherwise, includes a creditor suing on be half of creditors, a' trustee under the "Bankruptcy Act" and a liquidator of a company under the "Winding-Up Act" of Canada or under an Ordinance of the Territory containing provisions for the wind ing-up of companies, without regard to the time when the creditor so suing becomes a creditor, or when the assignee, trustee or liquidator is appointed; "proper officer" means the officer in whose office assignments are required to be registered in any registration district; "registered" means filed in accordance with the pro visions of this Ordinance; "registration district" means a district established under this Ordinance for the registration of a'ssign ments; "subsequent purchaser" includes a person who in good faith, for valuable consideration, and without notice obtains by assignment an interest in book debts that have already been assigned; "valuable consideration" includes (

i) any consideration sufficient to support a simple contract; and (ii) an antecedent debt or liability. APPLICATION 3. This Ordinance does not apply to (

a) any assignment of book debts, whether specified or by way of floating charge, made by a corporation and contained, (

i) in a trust deed or other like instrument to secure bonds, debentures, or debenture stock of the corporation, 5 CHAP. 2 HProper officer" "Registered" "Registration district' "Subsequent purchaser" "Valuable consideration" Application

CHAP. Z 'I' . ASSIGNMENT OF BOOK DEBTS (ii) in any bonds, debentures or ,debenture stock of , "the c~rporation, as well as in the trus~ deed or C?ther like instrument securing~he same, or (iii) in any bonds, debentures, or 'debenture stock or any, series of bonds or debentures of the corporation not secured by any trust deed or other like instrument; (

b) any assignment of book debts due at the date of the assignment ,from specified debtors; (

c) any assignment 'of debts growing due under specified G contracts; (d)" any assignment of book debts included in a transfer of a business made bona fide and for value; or (e) ; 'any ~ssignment of book debts, included in any authorized assignment under the "Bankruptcy Act". FORM AND REGISTRATION RegistratioD 4. (1), Except as provided in this' Ordinance, every assign me'nt of book debts made by any person engaged in a trade or business shall be absolutely void as against the creditors of, the assignor and as a'gainst subse quent purchasers, unless the assignment is 6 (

a) in writing; (

b) accompanied by an affidavit of an attesting witness, or affidavits of attesting witnesses, of the execution thereof by the assignor, or by the assignors respectively, identifying the assignment and stating the date of execution by the assignor, or the respective dates of exe cution by the assignors, a's the case may be, and a further affidavit of the assignee, or one of the several assignees, his or their agent, stat ing that the assignment was executed in good faith and for valuable consideration and not for the mere purpose of protecting the book

ASSIGNMENT OF BOOK DEBTS debts therein mentioned against the creditors of the assignor ·or for the putpose of prevent . ing such creditors froni ·recovering any claims that they have against the assignor; and (

c) registered, as provided in this Ordinance, to gether wit~ the affidavits, within thirty days of. the execution of the assignment.

(2) When there are two or more assignors, the date of execution of the assignment shall be deemed to be the· date of the execution by the assignor who last executes it.

(3) Ever:y assignment that is required to be in writing a·nd to be registered under this prdinance shall, as against creditors and subsequent purchasers, take . effect only ,from the time of the regi~tration of the assignment. 5. (1) , Registration of an assignment under this Ordinance shall be effected by filing the assignment, together with such affidavits a's are by this Ordinance re quired,. :within thirty days. from its execution, in the office of the proper officer of a registration district determined in accordance with the following ru]es: (

a) where the assignor is a corporation incorporated under the Jaws of the Territory, in the regis tration district in which the head office or registered office is situate; (

b) where the assignor is an extra-territorial cor poration having a head office or registered office within the Territory in the registration district in which the head office or registered office is situate; (

c) where the assignor is an extra-territorial cor poration not having a head office or registered office within the Territory, in the registration district of Whitehorse; 7 CHAP,'Z How regis tration effected

CHAp. 2 ASSIGNMENT OF BOOK DEBTS (

d) where the assignor is not a corporation, in the registration district in which the assignor car ries on business at the time of the execution of the assignment; (

e) where the assignor is not a corporation, and at the time of the execution of the assignment ca'rries on business in different registration districts, in any such registration district, and by filing a duplicate original of the assignment and affidavits, or a copy thereof certified by the proper officer of that registration district, in each of the other registration districts.

(2) The proper officer sha'1I cause every assignment filed in his office to be numbered, to be endorsed with a memorandum of the day, hour, and minute of filing, and to be indexed by entering in alphabetical order in a register kept by him the name's of the parties to the assignment, with their descriptions, and the dates of execution and registration of the assign ment.

(3) Where the time for registration of any assignment or other document expires on a Sunday or other day ori which the office in which the registration is to be made is closed, the registration shall, so far as rega'rds the time of registration, be valid if made on the next following day on which the office is open. DISCHARGE ?;:f::!'~~tof 6.

(1) An assignment registered under this Ordinance may be discharged in whole or in part by the registration in the office in which the same is registered of a certificate of discharge, signed by the assignee, his executors, administrators, or assigns, and accom panied by an affidavit of an attesting witness of the due execution thereof.

(2) The proper officer in whose office a certificate of discharge, accompanied by the affidavit of execution 8

ASSIGNMENT OF BOOK DEBTS is registered, shaH note the fact of the discharge against each entry in the books of his office respect ing the registration of the assignment and shall make a like notation upon the assignment or copy regis tered in his office.

(3) When there are two or more assignors residing in different registration districts affected by the dis charge, the registration may be affected either by filing a duplicate or other original of the certificate of discharge and affidavit of execution in the office of the proper officer in each of the registration districts, or by filing the certificate of discharge and affidavit of execution in one of the registration districts and by filing a certificate of the entry of the discharge therein, signed by the proper officer in each of the other registration districts· and each proper officer shall make the like notations of the discharge in the records of his office as are provided by subsection (2) of this section.

(4) The proper officer in whose office the certificate of discharge is registered shall on request furnish a certificate of the entry of the discharge in the records of his office. INSPECTION OF RECORDS 7.

Upon payment of the prescribed fees every person shall have access to and be entitled to inspect the books of any proper officer containing records or entries of assign ments or documents registered or filed under the pro visions of this Odinance; and no person shall be required, as a condition of his right thereto, to disclose the name of the person in respect of whom the access or inspection is sought; and every proper officer shall, upon request accompanied by payment of the prescribed fees, produce for inspection any assignment or document so registered or filed in his office. 9 CHAP. 2 InSpectioll of records

CHAP. 2 Registration districts and officers Taking of affidavits Affidavit in case of death of assignee Affidavit on behalf of corporation ASSIGNMENT OF BOOK DEBTS 8. "For the purpose of registration of assignments or other documents each registration district in the Territory for the purposes of the registration of mortgages and other transfers of personal property shall be a registration district and the registration clerk whose office is situate within a registration district shall be the proper officer for the registration of assignments or documents in that registration district. AFFIDAVITS 9.

(1) Affidavits required by this Ordinance may be taken and made before the proper officer of any registra tion district or before any person, whether within or without the Territory, authorized to take affidavits in or concerning any cause, matter, or thing pending in any court in the Territory.

(2) No registered assignment or other document shaIl be held to be defective or void solely on the ground that any affidavit required by this Ordinance was taken and made before a solicitor for any of the parties to the assignment or other document, or be fore a partner of the solicitor, or before a clerk in the office of the solicitor. 10. Any affidavit required by this Ordinance to be made by an assignee may, in the event of his death, be made by his executor or administrator, or by any of his next-of~ kin or by the duly authorized agent of the executor or administrator. 11.

Where the assignee is a corporation, every affidavit re quired or permitted by this Ordinance to be made or given by the corporation as assignee, may be made or given by any officer, employee or agent of the corpora tion. 12. Any affidavit made for the purposes of this Ordinance by the agent of an assignee, or of an executor or admin istrator, or by an officer, employee or agent of a corpora tion, shall state that the deponent is aware of the to

13. 14. 15. ASSIGNMENT OF BOOK DEBTS circumstances connected with the assignment, and that he has a personal knowledge of the facts deposed to. Where an assignment or certificate of discharge or other document has been executed· by a corporation under the provisions of this Ordinance no affidavit of an attest ing witness shall be required.

Where, before the making of any affidavit of execution required by this Ordinance, the attesting witness to an assignment, certificate of discharge, or other document dies or leaves the Territory, or becomes incapable of making or refuses to make such affidavit, a Judge or Police Magistrate may make an order permitting the registration of the assignment, certificate of discharge or other documents, upon such proof of its due execu tion and attestation as the Judge or Police Magistrate by the order may require and allow; the order, or a copy thereof, shall be annexed to the assignment, certi ficate of discharge or other document, as the case may be, and filed therewith; and the registration of the assign ment, certificate of discharge or other document, under and in compliance with the terms of the order, has the like effect as the registration thereof with the affidavit of execution otherwise required by this Ordinance.

RECTIFICATION OF OMISSIONS AND MIS-STATEMENTS Subject to the rights of other persons accrued by reason of any omission or mis-statement referred to in this section, a Judge or Police Magistrate on being satisfied that the omission to register an assignment within the time prescribed by this Ordinance, or any omission or mis-statement in any document filed under this Ordi~ nance, was accidental or due to inadvertence or impos sibility, or other sufficient cause, may, in his discretion, extend the time for registration or order the omission or mis-statement to be rectified, on such terms and con ditions; if· any·,· as ·to security, ndtice by advertisement or otherwise, or as to any other matter· or thing as the Judge or Police Magistrate thinks fit to direct; the order, or a copy ther:eof j made· un:der. this

section shall be an nexed to the assignment or copy thereof on file or 11 CHAP.· 2 No al6davit 01 executioll by corpora· tlOn Proof 01 executioll otherwise thall hy affidavit Rectificatioll )f omissioas and mis statemellts

CHAP. 2 Deleets and Irregularities Evidence of records ASSIGNMENT OF BOOK DEBTS tendered for registration, and appropriate entries shall be made in the register. DEFECTS AND IRREGULARITIES 16.

No defect or irregularity in the execution or attesta tion of an assignment or other document; no defect, irregularity, or omission in any affidavit accompanying an assignment or filed in connection with its registra tion; and no error of a clerical nature or in an immaterial or non-essential part of an assignment shall invalidate or destroy the effect of the assignment or the registra tion thereof, unless in the opinion of the Judge or Police Magistrate before whom a question relating thereto is tried, the defect, irregularity, omission, or error· has actually misled some person whose interests are affected by the assignment.

EVIDENCE OF RECORDS 17. Copies of an assignment, certificate of discharge or other document registered or filed under this Ordinance, certified by the registration clerk, shall be receivable in evidence and shall be prima facie proof for all purposes as if the original assignment or document were produced, and also prima facie proof of the execution of the original assignment or document according to the purport of the copy, and the clerk's certificate shall also be prima facie proof of the date and hour of registration and filing. FEES Fe.. 18.

For services under this Ordinance each registration clerk shall be entitled to receive the following fees: (

a) for filing and registering an assignment, fifty cents; (

b) for filing and registering a certificate of discharge, fifty cents; (

c) for a general search, fifty cents; 12

ASSIGNMENT OF BOOK DEBTS (

d) for any certificate of registration or discharge or other certificate for purposes of this Ordinance, twenty-five cents; (e) . for a copy of any document filed under this Ordi nance, including certificate, everyone hundred words, ten cents. REPEAL 19. The "Assignment of Book Debts Ordinance", cha'pter 1 CHAP. 2 of the Ordinances of 1949 (2nd session), is repealed. R~al 13'

CHAP. 3

Short title Legitimation by subsequent marriage Does not affect vested rights LEGITIMATION .

CHAPTER 3 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE RESPECTING THE LEGITIMATION OF CHILDREN (Assented to March 29, 1954.) 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 "Legitimation Ordi nance". 2. (1)

(2) Where the pnents of a child born out of lawful wedlock marry or have married one another after the birth of the child, whether the intermarria'ge take;; place before or after the commencement of this Ordinance, the child shall, if living at the time of the intermarriage, be deemed for all purposes to be legitimate from the time of birth. Nothing in this

section a'ffects any right, title or interest in or to property where the right, title or interest was vested in any person prior to the intermarriage. 3. The "Legitimation Ordinance"

chapter 4 of the Ordi nances of 1944, is repealed. 14

WATER AND SEWER

CHAPTER 4 ORDINANCES OF YUKON TERRITORY 1954 (First Session) . AN ORDINANCE TO AUTHORIZE THE CITY OF WHITEHORSE TO CONSTRUCT WATERWORKS AND PURIFICATION SYSTEMS AND SEWAGE DISPOSAL PLANTS AND TO BORROW MONEY THEREFOR (Assented to March 29, 1954.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: CHAP. 4 1. This Ordinance may be cited as the "Whitehorse Water-

Short title works and Sewage Disposal Ordinance". 2.

(1) In this Ordinance,

Definitions (2) (a) "borrowing by-law" means a by-law mentioned "Borrowing by-law" in paragraph (

b) of

Section 3; (b) "City" means the City of Whitehorse; "City" (c) "Council" means the Council of the City; and "Council" (d) "debenture" means a debenture issued pursuant "Debenture" to a borrowing by-law. This Ordinance shall be construed as incorporate with the Municipal Ordinance but in case of conflict the provisions of this Ordinance shall prevail. This Ordinance one with "Municipal Ordinance" 3. Subject to this Ordinance, the Council may pass by-laws By-laws for (

a) the planning, construction, operation and maintenance of a water supply a:nd· purification system, a sewage disposal plant and a drainage system; and 15

CHAP. 4 WATER AND SEWER To be ~prov . .,d.by CommiSSioner and two· thirds of City vot.,rs Form of by-Jaw ld.,m. (

b) the borrowing of money, not. exceeding the sum of one million dollars, for any purpose mentioned in paragraph (

a) on the security of debentures of the City issued in accordance with this Ordinance; but no such by-law shall be valid unless, prior to being finally passed by the Council, it has been submitted to and approved by the Commissioner and has received the assent of two-thirds of the voters of the City who have voted thereon. 4.

(1) A borrowing by-law shall set out in detail (

a) the amount proposed to be borrowed; (

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

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

d) the rate of interest payable and whether it i3 to be paid annually or semi-annually; (

e) the method of repayment; (

f) the amount of rateable property according to the last revised assessment roll; and (

g) the amount of the existing debenture debt, if any, and how much, if any, of the principal or interest thereof is in arrears.

(2) A borrowing by-law shall, by its terms 16 (

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

b) specify the amount or denominations thereof; (

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

WATER AND SEWER (

d) provide that the debentures and coupons for the interest thereon sha'll be paid in lawful money of Canada; and . (

e) generally shall be in such form and contain such further provisions as are required by the Com missioner. 5. No money borrowed pursuant to a borrowing by-law shall be used for a purpose other than that stated in the by law, except that if there remains an unexpended balance on completion of the work for which the money was borrowed, such balance· may be used by the City (

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

b) for the repayment of the principal amount of the debenture or any portion thereof. 6. (1)

(2) Debentures may be issued either. all at one time or in instalments at such times as the Council deems ex . pedient, but no debenture shall be issued after the expiration of four years after the final passing of the by-law. Debentures and interest coupons shall be in a form approved by·the Commissioner and shall be signed by such persons and in such manner as the Commissioner prescribes. CHAP. 4 Amount borrowed to be used lor purpose staterl Debentures, how issuerl Form 01 debenture and coupons

(3) No debenture shall be issued for a term exceeding X:t:..t~,fre thirty-two years. (4) (5) 7.

(1) Debentures and interest coupons shall bear interest at the same rate after as before maturity. Debentures and interest coupons may be made pay able at any pla·ce in Canada. A by-law may provide that any of the debentures authorized to be issued thereunder shall be redeem- 17 1nterest Where payable Redemption

CHAP. 4 Redemption pritn to maturity Defect in (01" m, etc., of debenture ')'<I:'(il1l; by·laws WATER AND SEWER able at the option of the City at such time or times as the City may find it possible to redeem the same.

(2) Where a debenture is redeemed prior to maturity, the redemption shall not affect the validity of any by-law by which taxes have been imposed in respect thereof, the validity of such taxes or the power of the Council to continue to collect taxes in respect thereof. 8. Any debenture issued under this Ordinance shall be valid and binding upon the City notwithstanding any insuffic iency in the form or substance of the debenture or the by-law if the by-law has received the approval of the Commissioner and the assent of two-thirds of the voters who voted thereon, and no successful application has been made to qua'sh it. 9.

(1) The Council may pass by-laws 18 (

a) for determining what lands will be benefited by the water supply and purification system and the sewage disposal plant and drainage system, what portion of the cost thereof IS to be be charged against the several parcels of land to be so benefited and what portion, if any, against the City as a whole and the basis of determining the portion of the cost thereof to be charged against any individual parcel of land, whether by frontage or otherwise; (

b) for assessing, levying and collecting by mean~ of a special rate on the parcels of land benefited or upon such land and the city as a whole, as the case requires, the cost of such systems or pla'nt with interest; and (

c) prescribing the time or times when and the manner in which the amounts levied are to be paid and specifying the terms on which partie-s assessed for such systems or plant may com mute the assessment by the payment of their proportionate share of the cost thereof in a lump sum.

WATER AND SEWER CHAP. 4

(2) No rate mentioned in subsection (1) shall be fixed ~~~o~~jby in any year until approved by the Commissioner. Commissioner 10. 11. 12. Taxes collected for the purpose of paying money owing on the debentures issued under any by-laws passed pur suant to this Ordinance shall be paid into a special bank account and no payment shall be made out of such account except for the purpose of paying money owing on the debentures. The Council shall, with the approval of the Commissioner, establish a

schedule of charges to be charged to those who use any system or plant constructed pursuant to a by-law passed under paragraph (

a) of

section 3 that will in the opinion of the Commissioner, after allowing for uncollectible debts, provide sufficient funds to pay the cost of operating and maintaining the system or plant. If the City defa·ults in payment of the moneys owing on a debenture issued under a by-law passed pursuant to this Ordinance, the Council shall forthwith make a special levy against all property in the City to raise sufficient funds to pay the a'rrears owing on such de bentures. 13. The Council shall within two months of the end of each calendar year submit to the Commissioner a report on the operation of any system or plant constructed pursuant to a by-law passed under paragraph (

a) of

section 3. 19 T~xes to be placerl in sep~rate account Est~blishment 01

Schedule 01 Charges to users 01 systems Special levy where delault in debentures Report to Commissioner

CHAP. 5 AMUSEMENT TAX (AMENDMENT)

CHAPTER 5 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE TO AMEND THE "AMUSEMENT TAX ORDINANCE" (Assented to March 29, 1954.) 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 "Amusement Tax Ordinance", being

chapter 10 of the Ordinances of Yukon Territory, 1948, is hereby amended by inserting a'fter the definition of' "Place of Amusement" in

section 2 thereof, the following definition: "Professional" means any person who takes any

part in any form of athletics, sport, entertainment, exhibi tion performance, or amusement as a means of liveli hood or for gain or remuneration; 2. The said Ordinance is further ameneded by repealing

section 9 thereof. 3. The said Ordinance is further amended by repealing sec tion 13 thereof, and in substituting there for the following: "13.

(1) No tax shall be collected upon admission fees to any of the following amusements or places of amusement: 20 (

a) any fair or exhibition held by a society or association incorporated under any ordi- . nance where the receipts from entrance fees charged or collected in respect of the fair or exhibition after payment there out of the necessary expenses of the fair or exhibition are used exclusively for the purposes of the society or association;

AMUSEMENT TAX (AMENDMENT) (b) . ama teur athletics or games; (

c) lectures of an educational nature; (

d) chautauquas and musical performances at which the performers and artists are resi dents of the Territory; (

e) exhibitions of paintings and works of art; (

f) skating rinks, roller skating rinks, cover ed hockey rinks, ice carnivals and parks or fields used for athletics, baseball, football or other outdoor games provided that this exemption shall not apply to such rinks, parks or fields when being used for pro fessional games or exhibitions; (

g) except a moving picture theatre exhibit ing moving picture films, such exhibitions, performances or entertainments at any place of amusement which the Commis sioner may exempt from taxation upon being satisfied that the proceeds thereof enure exclusively to the benefit of re ligious, charitable or patriotic institutions, societies or organizations, and where no part of the net proceeds thereof enures to the benefit of any private stock-holder or individual.

(2) Nothing contained in paragraphs (a), (b), (c), (d), (

f) or (

g) shall exempt any person from liability from amusement tax when a profes sional is employed in any athletics, sport, enter tainment, exhibition, performance or amuse ment.

(3) Any exemption granted by the Commissioner under paragraph (

g) of subsection (1) shall be by permit in such form and subject to such terms and conditions as he may from time to time direct." 21 CHAP. 5

CHAP~: 6 MOTOR VEHICLES (AMENDMENT) .

CHAPTER 6 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE TO AMEND THE "MOTOR VEHICLES ORDINANCE" (Assented to March 29, 1954.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows : 1. The "Motor Vehicles Ordinance", being

Chapter 8 of the Ordinances of the Yukon Territory, 1952 (first session), is amended by striking out Item 3 of

Part 1 of the

Schedule thereto and substituting therefor the following: "3. Trailers, except those included in Item 1 (

a) load capacity up to three tons .................. $ 3.00 (

b) load capacity of more than three tons but not more than five tons ..... _....................... 25.00 (

c) load capacity of. more than five tons but not more than ten tons .............................. 50.00 (

d) load capacity of more than ten.tons ...... 100.00" 2. This amendment shall come into force on the 1st day of April, A.D. 1954. 22

CHANGE OF NAME

CHAPTER 7 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE TO PROVIDE FOR CHANGE OF NAME (Assented to March 29, 1954.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: CHAP,·7 1. This Ordinance may be cited as the "Change of Name Shori title Ordinance". 2. In this Ordinance,

Definitions 3. (a) "change" means any change by way of alteration, "Change" substitution, addition or abandonment; (b) (c) (d) (e) (1) (2) "child" means an unmarried child under the age of twenty-one years, including an adopted child who has been adopted in accordance with the law of the place at which the adoption was affected; "given name" includes christian name and baptismal name; "name" includes given name and surname; and "surname" includes family name and patronymic. Subject to subsections (2) and (3), no person shall change his name except under this Ordinance.

This Ordinance does not apply to a change of sur name to that of her husband by a woman upon mar riage, the adoption of her maiden name by a woman "Child" ··Gi.v~n name" "Xame" "Surnnme" Changes to be under Ordina.nce Certain exception~

Prior changes Who may apl,ly SlleCial Court Order when residence insufficient Married woma.n cannot al'IlI)' re surnanle Consents lIlentally incompetent adult children (3) 4. (1) (2)

(3) CHANGE OF NAME upon dissolution of her marriage or to a change of name effected under the "Adoption Ordinance". Nothing in this Ordinance shall be deemed to effect any change of name lawfully effected prior to the coming into force of this Ordinance. Subject to subsections (2) and (3), any person who is twenty-one or more years of age, is a Canadian citizen and has resided in the Territory for at least one year prior to the date of his application may apply to the Court for a change of name.

Where a person has not resided in the Territory for at least one year prior to the date of his application for a change of name, he may apply to the Court for an order allowing him to make such application and the Court may make such order where satisfied that hardship would otherwise be caused. No married woman shall, during the life of her hus band, apply for a change in the surname acquired from him. S.

The prOVISIOns of this Ordinance requiring consent to a change of name do not apply to a person who is under the age of fourteen years or to a person who by reason of mental or physical infirmity is unable to give consent and the Court may, in any case in which a person whose consent is required cannot be found or where for any other reason it is satisfied that a consent may be dispensed with, dispense with the requirement of a consent. 6.

Notwithstanding the definition of "child", where, under this Ordinance, a change of name affecting unmarried children under the age of twenty-one years may be ob tained, the Court may, in its discretion, direct that the application and resulting order shall extend to unmarried children who are over that age and who, by reason of mental incapacity, are unable to apply for a change of name. 24

CHANGE OF NAME 7. A married man who applies for a change of name (

a) shall, respecting any change of his surname, obtain the consent of his wife; (

b) shall, respecting any change of his surname, also apply for a like change in the surname of his wife and all his or their children; (

c) may, with the consent of his wife and any child con cerned, apply for a change in the given name of his wife or of any or all of his or their children; and (

d) may, with the consent of such child and that of the wife of such child, apply for a change in the name of a married male child who is under the age of twenty-one years, the wife of such child and any children of such child. CHAP. 7 Married maD 8. A widower or a widow who applies for a change of name Widower or widow (

a) shall, respecting any change of his or her surname, also apply for a like change in the surname of all his or her children; (

b) may, with the consent of any child concerned, apply for a change in the given name of any or all of his or her children; (

c) may, with the appropriate consent of any child con cerned, apply for a change in the name of any children that are in his or her lawful custody and that are the children of a deceased wife or husband; and (

d) may, with the consent of such child, and that of Cl wife of such child, apply for a change in the name of a married male child who is under the age of twenty-one years, the wife of such child, and any children of such child. 9.

(1) Subject to subsection (3), a person whose marriage has been dissolved may apply for a change of name and may, with the consent of the other parent, if living, and with the consent of the children affected, 25 Divorced person

CHAP;' 7 Nature of application Divorced woman who re· marries Marriage by ~·idow or unmarried mother Unmarried mother Filing 01 application Contents CHANGE OF NAME apply for a like change iJi the surname or a change in the given names of any or all of his or her children that are in his or her lawful custody. .

(2) An application under this

section shaH indicate whether or not the other parent is living and shall be accompanied by such proof respecting the dissolu tion of the marriage and custody of the children as the Court may require.

(3) Where a woman, whose marriage has been dissolved, re-marries, she must obtain the consent of her hus band by re-marriage if she applies for a change in the surname of her children. to that of her husband. 10:

(1) A widow who re-marries or an unmarried mother who marries may, with the consent of the man she marries and the consent of her children, apply for a change in the surname of her children to that of such man.

(2) An unmarried mother may apply for a change of name and may, with their consent, apply for a change of the names of any or all of her children 'Iiving with her. 11.

(1) Every application for a change of name shall be filed with 'the Clerk of the Court together with such other documents as. may be required under this Ordinance and an application fee of ten dollars.

(2) Every application for a change of name shall set forth 26 (

a) the surname and given names of the applicant; (

b) the address of the applicant and the date and place of his birth; (

c) the full name of the applicant's father and the maiden name in full of his mother;

(3) CHANGE OF NAME (

d) where the applicant is married, the name in full of. the spouse, the date and place of mar riage, the full name of. the spouse's father and the maiden. na~e in full of the spouse's mother; (

e) a statement that the applicant is a Canadian citizen; (

f) the occupation or calling .9f the applicant; (

g) full particulars of any civil or criminal action pending against the applicant, any chattel mortgage, lien or other encumbrance r'egister:" ed against the property of the applicant and, if none, a statement to that effect; (

h) the change of name desired and full particulars of any previous change of name or statement that there was none; (

i) the names, ages and particulars of all persons whose consents are required and if a consent has no't been obtained the reason for it; (

j) the names, ages and particulars of all persons whose names may be changed as a result of the application; and (

k) a statement of the reasons for desiring a change of name. Every application for a change of name shall he accompanied by (

a) an affidavit by the applicant deposing that the application is made in good faith and for no improper purpose, that the statements set out in the application are true and that, unless a Court order under subsection (2) of

section 4 has been obtained, the applicant has resided in the Territory for at least one year immedi ately prior to the application; 27 CHI\P. 7 Other documents

CHAP. 7 CHANGE OF NAME Objection to application . May grant without hearinlf or aet a hearing Heariag Where rejected on hearing (

b) a certificate of the sheriff of the Territory as to the existence of any unsatisfied executions against the property of each person whose name may be changed as a result of the appli cation; and (

c) such consents, in writing, or other documents that are required by this Ordinance respect ing the particular application in question, in cluding such proof as the Court may require that the applicant is a Canadian citizen. 12.

Any person who objects to a change of name shall file his objection in writing with the Clerk of the Court and pay a filing fee of five dollars. 13. (1) (2) 14. (1) 28 Where an application for a change of name has been filed, the court shall, where no objection to the application has been filed and it is satisfied that the application and all supporting documents are in order and may be granted, grant the applica tion without a hearing and shall, in any other case, appoint a time and place for the hearing of the application.

At a hearing the Court may require the applicant, any person whose name will be affected by the application and any other person who, in the opinion of the Court, has information respecting the appli cation or any circumstances connected therewith to give evidence under oath and examine any such person or permit him to be examined by any in terested person.

Where the Court is of opInIOn on a hearing that any change of name that would result from the granting of an application might reasonably cause mistake or confusion or be a cause of embarrass ment or inconvenience, or has been sought. for any improper purpose or would on any other ground be objectionable, the Court shall refuse the applica tion and make an order to that effect.

(2) 15. (1) (3) 16. (1)

(2) CHANGE OF NAME Where the Court is of opInIOn on a hearing that the application should in whole or in part be grant ed, it shaH make an order to that effect. An order made under this Ordinance shaH provide for such changes of names as the Court deems proper having regard to the nature of the applica tion, objections thereto or any other evidence ad duced, the relationship and status of person affected thereby and all other relevant circumstances and the order shall have effect according to the tenor thereof.

(2) Every such order shaH be entered by the Clerk of the Court who shaH send two certified copies thereof and a certified copy of the application and supporting documents to the Registrar General of Vital Statistics and shall also send to the sheriff a certified copy of the order and any particulars shown on the application respecting any judgment, pending action, chattel mortgage, lien or other registered encumbrance relating to any person affected by the order. Where the sheriff of the Territory has received a copy of the Order, and any particulars pursuant to subsection (2) of

section 15, he shaH enter and re index any such judgment pending action, chattel mortgage, lien or other registered encumbrance under the name as changed. Any person may obtain from the Clerk of the Court a certified copy of an order effecting a change of name and such certified copy is conclusive evidence of its contents.

Subject to the Vital Statistics Ordinance, and with out restricting the effect that a change of name may have at law, a person whose name has been changed under this Ordinance is, upon production of the certified copy of the order and satisfactory proof of identity, entitled to have a memorandum of the 29 CHAP. 7 Where allowed Order Clerk to entcr and transnlit to cert:lin persons Sheriff to note ch anII''' Certified copy may be obtained Persons entitled to -have change endorsed

CHAP;"'" ~.plication to anllul " Affidavit and fee Hearing a;'d order lIuties of Clerk and copies Certi /lcatcs ma)" be rtcalled Offence o( jmprol~r obtaining CHANGE OF NAME change of name endorsed on any record, certificate'. instrument, document, contract or writing, whether public or private. 17.

(1) Every person who has reason to believe that an order effeCting a change of name has been obtained by fraud, misrepresentation or for an improper purpose may apply to the Court for an annulment of the order.

(2) An application for annulment shall be accomr>anied by an affidavit of the application setting out the reasons there for and by a filing fee of five dollars.

(3) The Court may refuse such application or may set a time and place for the hearing of the application and shall, upon such hearing, have power to call such witnesses and hear such evidence as it deems proper and shall make such order as it deems proper re fusing the application or annulling the order of change of name in whole or in part.

(4) The Clerk of the Court shall enter an anulling order and suitably endorse the previous order that is wholly or partially annulled, shall send two certi fied copies of the annulling order to the Registrar General of Vital Statistics and one certified copy to the sheriff of the Territory who shall amend their records accordingly, and one certified copy to any other sheriff to whom a copy of the Order and particulars were" sent pursuant to subsection (2) of

section 15.

(5) Where an order annulling a previous change of name order has been made, any certified copy of the previous order may be demanded from the person to whom it was issued and such person shall forth with comply with such demand. 18.

(1) Every person who, by fraud, misrepresentation or for an improper purpose, obtains or attempts to obtain a change of name under this Ordinance is 30

(2) CHANGE',OF NAME guilty of an offence and is liable, on

summary con· viction, to a fine not exceeding five hundred dollars. CHAP.,'7 Every person who refuses to return a certified copy Rdum to obey ,'of 'an order that has been annulled' or otherwise refuses to comply with a lawful order or demand under this Ordinance is guilty of an offence and is liable, on'summary conviction to a' ~ne not exceed ing on~, hundred dQlIars. 19. The Commissioner may make such regulations as he Regulations deems necessary for carrying out the provisions and purposes of this Ordinance. Jl

CHAP. ·8 GAME (AMENDMENT)

CHAPTER 8 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE TO AMEND "THE YUKON GAME ORDINANCE" (Assented to March 29, 1954.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. "The Yukon Game Ordinance", being

chapter 11 of the Ordinances of the Yukon Territory, 1951 (second session), is amended by repealing paragraph (

s) of

section 2 there of and substituting therefor the following: "(s) 'resident' means 32 (

a) any Canadian citizen who has resided con tinuously in Yukon Territory for not less than one year immediately prior to the date of hi~ application for a licence under this Ordinance, (

b) any member of Her Majesty's Armed Forces or any member of the Royal Canadian Mounted police who has resided continuously in the Yukon Territory for not less than thirty days, or (

c) any soldier, sailor or airman who, immediately prior to joining Her Majesty's Armed Forces, was a resident of Yukon Territory for not less than one year."

TERRITORIAL COUNOL (AMENDMENT) "CHAPTER 9 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE TO AMEND "AN ORDINANCE RESPECTING THE COUNCIL OF THE YUKON TERRITORY" (Assented to March 29,. 19.54.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council· of the said Territory, enacts as follows: 1. "An Ordinance Respecting the Council of the Yukon Ter ritory" being

Chapter 23 of the Consolidated Ordinances of the Yukon Territory, 1914, as amended by

Chapter 11 of the Ordinances of 1952, (first session), is further amended by deleting the word "Carmacks" where the .same appears in the first line of the third paragraph of

Schedule 1 and substituting therefor the words "Car macks-Kluane Lake." 33 CHAP. 9

CHAP. 10 HOURS OF LABOUR (AMENDMENT)

CHAPTER 10 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE TO·AMEND THE "HOURS OF LABOUR ORDINANCE" (Assented to Mal'ch 29, 1954.) .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 "Hours of Labour Ordinance", being

chapter 16 of the Ordinances of Yukon Territory, 1951 (first session), is hereby amended by adding to

section 6 the following sub-section: "

(3) No action shall be brought against an employer by any person for the recovery of any claim arising under this Ordinance 34 (

a) after the expiration of ninety days from the time that the cause of action first arose, or (

b) for any cause of action which arose prior to the first day of February, A.D. 1954, unless action is commenced within thirty days of the enactment of this Ordinance."

FAIR WAGES (AMENDMENT)

CHAPTER 11 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDINANCE TO AMEND "THE FAIR WAGES ORDINANCE (Assenled 10 March 29, 1954.) 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 Fair Wages Ordinance", being

chapter 7 of the Ordinances of Yukon Territory, 1946, is amended by adding to

section 7 the following sub-section: "

(3) No action shall be brought against an employer by any person for the recovery of any claim arising under this Ordinance (

a) after the expiration of ninety days from the time that the cause of action first arose, or (

b) for any cause of action which arose prior to the first day of February, A.D. 1954, unless action is commenced within thirty days of the enactment of this Ordinance." 35 CHAP. 11

CHAp. 12 SUPPLY

CHAPTER 12 ORDINANCES OF, YUKON TERRITORY , 1954 (First Ses~ion) , AN ORDIiNANCE FOR GRANTING TO THE COMMISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE EXPENSES OF THE PUBLIC SERVICE OF THE TERRITORY (Assented to March 29, 1 ~.54. )

WHEREAS, it appears by message from Wilfrid George Brown, Esquire, Commissioner of the Yukon Territory, and in th,e estit:n~tes accompanying the same, that the sums here inafter mentioned in

Schedule '''A'' to this Ordinance arc required to defray 'certain expenses of the Public Service of the Yukon Territory and for the purposes relating thereto, for the twelve months ending March 31, 1955. . The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory enacts as foHows: 1.

From and out of the sums at the disposal of the Yukon Counc.il there shall be paid and applied a further sum not exceeding in the whole One million six hundred and ninety fou~ thousand nine h~nd~ed seventy-f~ur doHars and no cents for defraying the several charges' and expenses of the Public Services of the Yukon Territory and for the twelve months ending March 31st, 1955, as set forth in

Schedule "A" of this Ordinance. 2. The due application of all monies expended shall be duly accounted for. 36

SUPPLY

SCHEDULE flA': Sums granted to the Commissioner by the Ordinance for the twelve months ending March 31st, 1955, and the purposes for which they are granted. Vote No. 1. Legislative Salaries ................................................ $ TravelIing Expenses ............ . Freight, Express and Cartage ...................................... . Telephone and Telegraph ..... . Publication of Reports, etc. Advertising ....................................... .. Office Stationery, Supplies, etc ..................................................... . Contingencies .................................. .

Sessional Indemnities ........... . 2. Territorial Treasurer 1,000.00 2,075.00 225.00 50.00 4,500.00 100.00 425.00 300.00 10,000.00 Salaries ................................................. $ 31,125.00 Travelling Expenses ................. 500.00 Removal Expenses ..................... 300.00 Freight, Express and Cartage ................................ . Postage .................................................. . Telephone and Telegraph ..... . Publication of Reports, etc. Office Stationery, Supplies, etc. . ................................................ . Materials and Supplies ..... .

Public Utility Services ........ . Contingencies .. : ................................ . Unemployment Insurance ..... . Holiday Pay ..................................... . Employee's Superannu· ation Fund ............................. . 300.00 625.00 325.00 550.00 2,250.00 100.00 480.00 150.00 200.00 400.00 975.00 $ 18,675.00 38,280.00 37 CHAP. 12

CHAP. 12 3. SUPPLY Department of Education Salaries ................. _ ............. _ ................. $213,828.00 Professional & Special Services ................................ _ .... . Travelling Expenses ................ .. Removal Expenses ................... .. Freight, Express and Cartage ............. _ .......... _ ......... .. Postage ................................... _ ....... _ .... . Telephone and Telegraph .... ..

Films, Displays and 150.00 1,160.00 2,930.00 2,000.00 215.00 675.00 Advertising .............................. 1,200.00 Office Stationery, Supplies, etc. .. ........................ _ .......... _ ......... .. Materials and Supplies ........ . Public Utility Services .... .. Repairs & Upkeep of Build- ings & Works ........ _ .......... . Repairs & Upkeep of Equipment ................. _._ ......... .. Rental of Land, Buildings & Works ..... _ ...................... _ .... . Rental of Equipment .......... .. Contingencies .................... _ .......... .

Fuel ..... _ ................ _ .... _ .............................. .. Unemployment Insurance .. . School Supplies ............................ .. Holiday Pay .................................. .. Grants .................................................... .. Employee's Superannua- tion Fund .................................. .. Correspondence Courses .... .. 1,636.00 4,600.00 12,702.00 7,165.00 1,475.00 3,300.00 3,000.00 2,000.00 25,070.00 325.00 11,550.00 500.00 25,500.00 490.00 450.00 4.

Territorial Secretary Salaries ................................................... $ 36,688.00 Travelling Expenses ........ _..... 2,900.00 Removal Expenses ..... _.............. 200.00 Freight, Express and Cartage ..... _ ................... _ .... _..... 450.00 Postage .................... _ ................ _........... 625.00 Telephone and Telegraph...... 835.00 38 321,921.00

SUPPLY' Films, Displays, Advertis- ing, etc. .. .................................. :. Office Stationery, Supplies, etc. .. ............. : .............................. .. Public Utility Services ....... . Contingencies .............................. .. Fuel ......................................... ~._ ............... . Unemployment Insurance .. . Holiday Pay .................................... .. Grants ................................................... .. Employee's Superannua- tion Fund ............................. . 5.

Health & Public Welfare ·600.00 '. 4,550.00 1,020.00 1,100.00 750.00 100.00 250.00 2,000.00 490.00 Salaries ........... _ ...................... _ .... _ .... _ ..... $ 22,550.00 Professional & Special Services .......................... _ .... _..... 25,700.00 Travelling Expenses ..... _........... 3,850.00 Freight, Express and Cartage ................... _ ................ . Removal Expenses .................... . Postage .......................... _ .... _ .... _ .... _ .... . Telephone and Telegraph ..... . Films, Displays and Advertising ............................ .

Office Stationery, Equipment, etc ........... _ .... . Materials and Supplies ........... . Public Utility Services ....... . Repairs & Upkeep 225.00 200.00 75.00 378.00 125.00 500.00 800.00 425.00 of Equipment ...................... ,. 1,880.00 Acquisition of Equipment... 200.00 Rental of Land and Buildings ........................... _ .... . Rental of Equipment .......... . Contingencies ............................. . Fuel ............................................................ . Unemployment Insurance .. . Grants to Hospitals .................. . Subsistence ........................................ .

Pensions, Aged and Blind 400.00 800.00 300.00 1,330.00 60.00 .. 84,000.00 49,420.00 3,840.00 CHAP. 12 52,558.00

CHAP. 12 SUPPLY Clothing ................................................... 1,000.00 Employee's Superannua- tion Fund ...................... ; ...... _ ..... '. 225.00 Hospitalization ................................ 68,000.00 6. Munici~ & Town Administration Salaries ........... _ .... _ .................... ; ........... $ Freight, Express & Cartage ................... _ .......... . Telephone and Telegraph ..... . Materials and Supplies ........ . Public Utility Services ..... . Repairs & Upkeep of Buildings .................... _ .... . Repairs & Upkeep of Equipment ........... _ .......... .

Rental of Equipment ........... . Fuel ............................................ _ ............... .. Grants ...................................................... '" 7. Game 3,000.00 . 150.00 240.00 825.00 1,260.00 200.00 300.00 1,000.00 875.00 57,469.00 Salaries ..... _ ............................................ $ 9,280.00 Travelling Expenses ............... 1,600.00 Freight, Express and Cartage ....................... _ .. Postage ................. _ ................... _ .... _ .... . Telephone and Telegraph ..... . Films, Displays & Advertising ........ _ .......... .

Office Stationery, Equipment, etc .......... : ....... . Materials and Supplies Public Utility Services ..... . Repairs & Upkeep of Equipment ................. _ .... . Rental of Equipment .. _ .... _ .... . Contingencies ........... _ .......... _ .... _ .... . Unemployment Insurance ..... . 40 50.00 150.00 300.00 250.00 600.00 75.00 240.00 450.00 50.00 1,600.00 40.00 266,283.00 65,319.00 14,685.00

SUPPLY 8. General Sundry and Contingencies ... $ 2,000.00 Property Insurance ..................... 14,250.00 Workmen's Compensation... 5,777.00 9. Roads, Bridges & Public Works (General) Salaries ................................................. $ 95,950.00 Travelling Expenses ................. 1,350.00 Removal Expenses .................... 250.00 Freight, Express and Cartage ......................... . Postage ............................................... .. Telephone and Telegraph ..... . Films, Displays and Advertising ........................... . Office Stationery, Equipment, etc .................. .

Materials and Supplies ..... . Public Utility Services ........ . Repairs & Upkeep 1,850.00 100.00 275.00 100.00 850.00 3,900.00 5,420.00 of Buildings .............................. 3,600.00 Repairs & Upkeep of Equipment ...................... . Acquisition of Equipment... Rental of Equipment .......... . Contingencies ................................... . Fuel ............................................................. . Unemployment Insurance._ Holiday Pay ................................. . Subsistence ..................................... ..

Employee's Superannua- tion Fund ............................... .. 4,250.00 32,200.00 47,408.00 500.00 6,950.00 775.00 1,600.00 1,000.00 900.00 9A. Roads, Bridges & Public Works (Mayo District) Salaries ................................................... $ Travelling Expenses ............. . Materials and Supplies ........ . Public Utility Services ........ . Repairs and Upkeep of Buildings ......................... . 15,000.00 500.00 3,000.00 300.00 CHAP. 12 22,027.00 209,228.00 41

CHAP. 12 SUPPLY Rental of Equipment .............. . Sundry .: ................................................... . Fuel ........................................................... . Unemployment Insurance .. . Holiday Pay ................................... . Glacier Control ............................. . 20,000.00 250.00 300.00 300.00 300.00 1,500.00 9B. Roads, Bridges & Public Works (Whitehorae-Mayo Highway) Salaries ................................................. $ 80,000.00 Travelling Expenses .............. . Removal Expenses .................... .

Freight, Express & Cartage ................................ . Postage .................................................. . Telephone and Telegraph .. . Stationery & Office Supplies Materials and Supplies ........ . Public Utility Services ........ . Repairs & Upkeep of Buildings .......................... . Repairs & Upkeep of Equipment ....................... . Rental of Equipment ........... . Sundry ......................... ~ ............. ; ............. . Fuel .............................................................. . Unemployment Insurance .. . Holiday Pay ...................................... .

Workmen's Compensation .. . Subsistence ......................................... . 10. Capital Account Stewart Crossing .. Dawson 5,000.00 500.00 1,500.00 100.00 300.00 250.00 10,000.00 500.00 500.00 35,000.00 107,700.00 2,500.00 2,000.00 900.00 2,250.00 5,500.00 6,500.00 Road ................................................ $ 90,220.00 Construction Public Buildings ................................... 287,500.00 Acquisition Furniture and Fixtures ........................ 5,828.00 42 41,450.00 261,000.00 383,548.00 $ 1,694,974.00

SUPPLY

CHAPTER 13 ORDINANCES OF YUKON TERRITORY 1954 .(First Session) AN ORDINANCE FOR GRANTING TO THE COMMISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE EXPENSES OF THE PUBLIC SERVICE OF THE TERRITORY (Assented to March 29, 1.954.)

WHEREAS, it appears by message from WiHrid George Brown, Esquire, Commissioner of the Yukon Territory, and in the estimates accompanying the same, that the sums hereinafter mentioned in

Schedule "A" to this Ordinance are required to defray certain expenses of the Public Service of the Yukon Territory and for the purposes relating thereto, for the twelve months ending March 31st, 1954. The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory enacts as follows: 1. From and out of the sums at the disposal of the Yukon Council there shall be paid and applied· a further sum not exceeding in the whole twenty-eight thousand four hundred and fifteen dollars and no cents for defraying the several charges and expenses of the Public Services of the Yukon Territory and for the twelve months ending March 31st, 1954, as set forth in

Schedule "Air of this Ordinance. 2. The due application of all monies expended shall be duly accounted for. 43 CHAP. 13

CHAP. 13 SUPPLY GOVERNMENT OF THE YUKON TERRITORY

SCHEDULE HA" Sums granted to the Commissioner by the Ordinance for the twelve months ending March 31st, 1954, and the purpose for which they are granted. Vote No. 1. Legislative TravelIing Expenses ........... _ ........... $ Sessional Indemnities ..... _ .......... . 3. Department of Education Salaries ........................................ _ ................. $ Removal Expenses .. _ ..................... .. Materials and Supplies .............. . Repairs and Upkeep of Buildings ..... _ ................................. .. Rental of Land and Buildings ............................. _ ......... ..

School Supplies .................................. .. Grants ........................................................... . 10.

Capital Account Stewart Crossing - Dawson 200.00 1,300.00 5,460.00 315.00 500.00 640.00 1,360.00 4,990.00 7,150.00 Highway ................................... _ ..... $ 30,532.48 Carcross School ................... : ......... _..... 673.80 Whitehorse School Heating Plant ...................................................... 458.51 By Minute of Council - Transfer of Funds from $ 31,664.79 other items .................................... 25,164.79 44 $ 1,500.00 20,415.00 6,500.00 $ 28,415.00

BEER LICENCE

CHAPTER 14 ORDINANCES OF YUKON TERRITORY 1954 (First Session) AN ORDiNANCE GRANTING A BEER LICENCE TO GORDON CRUM AND NORMAN MYTRON ·OF TESLIN, IN YUKON TERRITORY (Assented 10 March 29, 1954.)

WHEREAS Gordon Crum and Norman Mytron both of Teslin, in Yukon Territory, operate an establishment known as Teslin Lake Motel at Mile 804 Alaska Highway, in Yukon Territory, and

WHEREAS a petition signed by the great majority of the responsible residents of Teslin was forwarded, requesting that a licence for a beer tavern be granted in respect of the said establishment known as the Teslin Lake Motel, and

WHEREAS we, the Council of Yukon Territory, feel it is proper to grant such licence,

NOW THEREFORE the Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. Notwithstanding any provis·ions imposed by the Govern ment Liquor Ordinance or any regulation made there under restricting the number of beer tavern licences granted in any location or area, the Commissioner shall grant to Gordon Crum and Norman Mytron both of Teslin, in Yukon Territory, a licence for a beer tavern in respect of the premises known as Teslin Lake Motel· .45 CHAp. 14

CHAp. 14 BEER IJCENCE situate at Mile 804 Alaska Highway. upon application be ing made to him in proper form and upon it beng shown that the Government Liquor Ordinance and Regulations have been complied with in every other respect. 2. This Ordinance shall be construed as incorporate with the Government Liquor Ordinance and Regulations but in case of conRict the provisions of this Ordinance shall prevail. 46

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1954 SECOND SESSION

ANNUAL HOLIDAYS (AMENDMENT)

CHAPTER 1 ORDINANCES OF YUKON TERRITORY 1954 (Second Session) AN ORDINANCE TO AMEND THE "ANNUAL HOLIDAYS ORDINANCE" (Assented to June 17, 1954.) 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 Annual Holidays Ordinance being

Chapter 8 of the Ordinance of the Yukon Territory, 1950 (Second Session), is amended by inserting immediately after subsection "e" of

Section 2 the following subsection: "(f) 'pay' means basic pay and without limiting the generality of the foregoing shall not include such items of remuneration as bonus, incentive pay, over time payor shift differential pay." 49 CHAP. 1

ELECTRICAL FRANCHISE

CHAPTER 2 ORDINANCES OF YUKON TERRITORY 1954 (Second Session) AN ORDINANCE EMPOWERING THE COMMISSIONER OF THE YUKON TERRITORY TO GRANT A FRANCHISE TO YUKON ELECTRICAL COMPANY LIMITED TO SELL AND DISTRIBUTE ELECTRIC ENERGY IN THE ·WHITEHORSE AREA, Y.T. (Assented to June 17, 1954.)

WHEREAS application has been made to the Government of the Yukon Territory by Yukon Electrical Company Limit ed for franchise for the exclusive right to sell and distribute electrical energy in the area of Whitehorse, Yukon Territory excepting the Municipality of Whitehorse. AND

WHEREAS it appears to the Council of the Yukon Territory that the granting of such franchise will result in a more satisfactory distribution system. AND

WHEREAS it is proposed to embody the agreement in a Memorandum of Agreement (hereinafter called the "Agreement") to be executed on behalf of the Government of the Yukon Territory and the Company of which proposed Agreement a copy appears in the Schedule. NOW THEREFOR the Commissioner of the Yukon Terri tory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. The Commissioner of the Yukon Territory is authorized to execute and deliver, on behalf of the Territory, the Agreement in the form in the Schedule. 50

ELECTRICAL FRANCHISE 2. The Agreement may with the approval of the Commis sioner be varied from time ot time, as may be agreed upon by the Company and the Commissioner on behalf of the Yukon Territory.

SCHEDULE Agreement referred to in the

preamble to this Ordinance not printed herein but may be inspected in the Office of the Commissioner in Whitehorse, Yukon Territory.· 51 CHAP. 2

CHAP. 3

Short Title YUKON LOAN

CHAPTER 3 ORDINANCES OF YUKON TERRITORY 1954 (Second Session) AN ORDINANCE TO AUTHORIZE THE COMMISSIONER TO BORROW A SUM NOT EXCEED ING ONE MILLION DOLLARS FROM THE GOVERN MENT OF CANADA AND TO LOAN THAT SUM TO THE CITY OF WHITEHORSE, AND TO AUTHORIZE THE COMMISSIONER TO EXECUTE AN AGREEMENT RELA TlNG THERETO (Assented 10 June 29th, 1954.) The Commissioner of Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1.

This Ordinance may be cited as the "Yukon Loan Ordi nance, 1954." Con"uissio~cr 2. nlay borrow The Commissioner may, on behalf of the Territory, bor row from the Government of Canada a sum not exceed ing one million dollars and may, on the security of de bentures of the City of Whitehorse, lend any part of that sum to the City to enable it to construct water distribu tion and sewage disposal systems, and for that purpose the Commissioner may, on behalf of the Territory, enter into an agreement with the Government of Canada sub stantially in the form set out in the Schedule. and lend and enter into an agreenlent S2

YUKON LOAN

SCHEDULE THIS AGREEMENT made in ........................................................................ this ................................................ day of ....................................................................... .A.D. 1954, BETWEEN The Government of Canada hereinafter called "Canada" OF THE FIRST PART and the Government of the Yukon Territory hereinafter called "the Territory" OF THE SECOND PART

WHEREAS Vote 540 of the "Appropriation Act," No.

chapter of the Statutes of Canada, 1953-54 reads as follows: "540.

To provide for loans in the present and ensuing fiscal years not exceeding in the aggregate $1,000,000 to the Government of the Yukon Territory for the purpose of lending such money to the City of Whitehorse for pro viding adequate water distribution and sewage disposal systems, the loans to be made to the said Territory in accordance with the terms of an agreement to be entered into between the Government of the Yukon Territory and the Government of Canada; and to authorize the Commissioner in Council to make Ordinances for the borrowing and lending of such money by the Commis sioner of the Yukon Territory on behalf of the Territory;"

WHEREAS the Governor in Council of Canada has authorized the Minister of Northern Affairs and National Resources to enter into this agreement on behalf of the Gov ernment of Canada; AND

WHEREAS the Commissioner in Council of Yukon Territory has authorized the Commissioner to enter into this agreement on behalf of the Territory;

NOW THEREFORE, in consideration of the undertaking:; of the respective parties, the parties hereto agree as follows: 53 CHAP; 3

CH~P. 3 YUKON loAN 1. In this agreement unless the context otherwise requires, (a) "City" means the City of Whitehorse in Yukon Ter ritory; (b) "Commissioner" means the Commissioner of the Yukon Territory; (c) "Minister" means the Minister of Northern Affairs and National Resources; and (d) "Work" means any preparation made, work done, or material or equipment, property or easement acquir ed that is necessary to build adequate water distribu tion and sewage disposal systems in the City in accordance with the plans and specificatit)ns approved by the parties hereto but does not include (

i) interest on money borrowed, (ii) taxes on land, (iii) the administration costs of the Territory and City, other than additional costs occasioned by the construction of the water distribution and sewage disposal systems. 2. Subject to funds being voted by Parliament and to the terms and conditions of this Agreement, Canada agrees to loan to the Territory sums not to exceed in aggregate the sum of one million dollars ($1,000,000) to cover the cost of the work. 3.

The Territory agrees to repay Canada the sum loaned by Canada together with interest thereon at the rate of three and seven-eighths per cent (31%) per annum on the said .loan or so much thereof as at any time remains unpaid, whether before or after the same becomes due, in thirty equal. annual instalments including principal and interest, the first of such instalments to become due and to be paid on the first day of ............................................... .1957, all interest on becoming overdue to bear interest at the rate aforesaid from the date when it becomes due until all the monies payable on the said loan are fully paid and satisfied. 54

YUKON LOAN 4. Subject to this Agreement, Canada agrees to make the said loan to the Territory as follows: Fifty thousand dollars ($50,000) as an advance to the Territory on the requisition of the Commissioner and the balance to be paid out from time to time on requisi tions of the Commissioner based on progress certificates approved by officers of the Territory and the City. 5. All funds received by the Territory from Canada under this Agreement will be deposited in a special account in a chartered bank of Canada and all issues there from shall be by cheque signed by the proper officers of the Terri tory. 6.

(1) Subject to subparagraph (2), the Territory will cause the work to be constructed by the City in accordance with plans and specifications approved by the Min ister anq the Commissioner through the award of a contract or contracts to persons tendering pursuant to an invitation there for made by public advertise- ment by the City. .

(2) Where in the opinion of the Commissioner any part of the work is so small an undertaking that it would be unsuitable to award a contract therefor pursuant to public advertisement and tender, the City may with the prior consent of the Commissioner award a contract for that part of the construction pursuant to tenders invited from not fewer than two persons designated by the Commissioner and the City. 7. Notwithstanding anything in this Agreement, Canada is not liable to advance to the Territory any portion of the loan unless (

a) before tenders are invited for a contract for the work the form of advertisement for tenders, if any, the tender forms and the specifications, plan and profiles and the proposed terms of the contract are approved in writing by the Minister; (

b) the contract has been awarded pursuant to tenders invited in the manner provided in paragraph 6; (

c) at the time the contract is entered into the contractor is a· resident of Canada or if the contractor is a corporation, it was, for a period of at least one year 55 CHAP. 3

CHAP. 3 YUKON LOAN immediately prior to that time, incorporated and carried on business in Canada; (

d) the construction to be performed under the contract is to be paid for at a lump sum price or unit prices or both; (

e) it is a term of the contract that the contractor and any subcontractor of the contractor in respect of he work to be carried out under the contract, (

i) will employ only residents of Canada; and (ii) in the hiring or employment of labour for the execution of this contract the contractor will not refuse to employ or otherwise discriminate against any person in regard to employment be cause of that person's race, nati~nal origin, colour or religion, nor because the person has made a complaint or given information with respect to an alleged failure to comply with the provisions of this clause; (

f) entry into the contract was agreed to in writing by the Minister before it was entered into; (

g) the Commissioner, or person authorized by the Commissioner in writing, has certified that, and the Minister is satisfied with the work in respect of which the loan is to be made has been completed in accordance with that contract. 8.

(1) Subject to this Agreement, the cost of construction of the work is the amount determined as the aggre gate of expenditures in the following classes incur red by the City in the construction of the work; S6 (

a) payments pursuant to contracts for construction of the work entered into by the City with any person; (

b) payments in respect of construction materials purchased by the City that are necessary for and used in constructing the work to the extent that the cost thereof incurred by the City does

YUKON LOAN not exceed the aggregate of the current market price of these materials prevailing in the locality where and at the time when the City acquired them and the actual cost to the City of delivering those materials to the site of construction; (

c) payments in respect of wages and salaries of members of the engineering staff employed by the City while they were engaged in field en gineering operations solely in connection with the construction of the work; (

d) payments in respect of the removal and reloca tion of obstructions such as power, telephone and telegraph lines and other services, building3, trees, brush, debris and the like, that were neces sarily incidental to the construction of the work; and (

e) payments in respect of the restoration and re pair of real property destroyed or damaged in the course of constructing the work as approved by the Minister.

(2) Notwithstanding anything in this Agreement, where, in the opinion of the Minister, (

a) the accounts and other information furnished by the Territory are insufficient for the purpose of determining the true expenditures by the City in respect of the work; or . (

b) the expenditures by the City in respect of the construction of the work, by comparison with market costs prevailing when the construction was undertaken, are excessive; the Minister may cause an appraisal to be made of the cost of the construction in question at the time when the construction was undertaken and that appraisal will form the basis of the determination of the cost of construction of the work. 9. Notwithstanding anything in this Agreement, the cost of the work does not include expenditures by the City in respect of 57 CHAP. ·3

CHAP.' 3 YUKON Lo~ (

a) wage,;, salaries and expenses of officers or servants of the City except those specified in

section 8; (

b) the amount of any payment made by the City in respect of the construction of the work that, in the opinion of the Minister, exceeds the amount that was necessary in respect of the matters for which the payment was made. 10.

(1) The Territory may apply to Can:J.da for such ad vances as will permit the City to finance the wor!;; without interruption and such advances received by the Territory shall be deposited in a special account in a chartered bank in the City and utilized solely in the issue of cheques exchanged for de bentures of like amount received from the City.

(2) The Territory will ensure that the City maintain3 such cost and accounting records as will provide proof that expenditures made by the City in rela· tion to the work performed and covered by the de bentures issued are in accordance with the terms of this Agreement and that such records are made available for examination and audit by the Minister or his representatives.

(3) If Canada advances to the Territory an amount that exceeds the amount required for the completion of the work by the City, the Territory will refund the excess, and Canada may, in addition to any other recourse,. recover any such amount from amounts payable by Canada to the Territory on any account. 11.

(1) The Territory will cause the work to be completed within three years from the date of this Agreement unless Canada agrees to an extension of time for the completion of· the work.

(2) If the performance of the work is delayed by reason of any delay occasioned by Canada, the Territory or by flood, fire, lightning, earthquake, cyclone, strike or act of God, or by any other cause beyond the control of the City and of the contractors to whom a contract is awarded, the time herein fixed for the completion of the work will be extended for· a period equivalent to the time lost by reason of such delay. 58

YUKON loAN 12. Notwithsta'nding anything in this Agreement, no claim for loan in respect of the cost of the work 'may be made by the Territory after the work has been completed and the debentures in respect of such completed work and exchanged by the Territory. , 13. The Territory will maintain full records of the ad vances received from Canada, cheques issued and the debentures exchanged and will make such records, documents and vouchers available to the Minister or his representative for examination and audit and will give to the Minister or his representative all reasonable assistance. 14.

(1) The Minister may appoint representatives of Canada to report on all phases of construction of the work and they may make any inspections, enquiries and tests they consider necessary to assist them in re porting on construction and determining the cost oi the construction of the work, and may discuss with the appropriate representatives of the Territory any matter concerning the completion of the work in accordance with this Agreement.

(2) Where in order to give effect to this Agreement the Minister considers it necessary to inspect or appraise any lands or works, the Minister may cause such special inspections and appraisals to be made as he deems advisable, and the Territory will afford and require the City to afford the Minister and his representatives every facility for the pur pose. 15. This Agreement shall 110t be construed as vesting in Canada any proprietary interest in the completed work. 16. The Territory, will arrange that the completed work is maintained in order at all times. 17.

The Territory will indemnify and save harmless Canada against all claims of whatsoever nature arising from or out of, or in connection with the work. 18. This Agreement is hereby exempted from

section 3 of the Fair Wages and Hours of Labour Act, but the Terri tory will see that all persons employed in the construc tion of the work are paid fair wages and that the hours 59 CHAP.' 3

CHA'p. 3 YUKON LOAN of work observed are those determined by the Territory, which shall generally be those applicable to similar work undertaken by the Territory in the district. 19. If the Territory defaults in the repayment of any money loaned, Canada may in .addition to any other recourse it has, recover the amount in default from amounts payable by Canada to the Territory on any account. 20. The Agreement made by the Territory with the City will provide that, (

a) except as provided in paragraph 6, the City will call for tenders for the work by public advertisement; (

b) the Commissioner and the legal adviser of the Ter ritory will be present at the opening of tenders; (

c) the tenders will be examined by an engineer of Canada who will act as technical adviser to the Commissioner; (

d) the cost of the work will be confined to the con struction thereof and any supervisory and overhead expenses solely incidental to the construction there of as provided in this Agreement; (

e) the work will be completed as expeditiously as pos sible and by a specified date; (

f) a security deposit in a reasonable amount will be obtained on the a,ward of the contract by the City and will be held by the City pending completion of the work; (

g) upon completion of the work, the City shall obtain a performance bond covering the period of twenty four (24) months after completion; (

h) the City will require the contractor to carry all essential types of insurance including public liability, property damage and workmen's compensation; (

i) if extra work is required the authority required for the contractor to undertake such extra work shall be specified in the contract; 60

YUKON LOAN (

j) the City will in the contract for the performance of the work name the authority who may take the work away from the contractor and the authority for the approval of subcontracts; (

k) The City will in any contract for the performance of the work indicate what spares are to be made a charge to construction costs and the responsibility of the contractor in respect of surplus materials and supplies upon completion; (

I) what percentage of value of materials delivered will be paid to the contractor prior to being placed on the work; (

m) the City will maintain in a form satisfactory to the . Minister its records in respect of construction costs, both after completion and commencement of oper ation of the work, and keep such records intact for a period of five (5) years after the completion of the work; and (

n) the City will in the construction of said work carry out the purposes and intent of this Agreement in so far as it is applicable.

IN WITNESS WHEREOF the Minister of Northern Affairs and National Resources on behalf of Canada and the Commissioner of Yukon Territory have executed this Agree ment. Signed by The Honourable Jean Lesage, Minister of Northern Affairs and National Resources IN THE PRESENCE OF t .. ~ ~~~~~~ne~ ~f GYu=:~wn. } ....................................................................... . IN THE PRESENCE OF 61 CHAP. 3

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1954 THIRD SESSION

INTERPRETATION

CHAPTER 1 ORDINANCES OF YUKON TERRITORY 1954 (Third Session) AN ORDINANCE RESPECTING THE FORM AND

INTERPRETATION OF ORDINANCES (Assented to November 20, 1954.) 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 CHAP. 1 1. This ordinance may be cited as the "Interpretation

Short Title Ordinance".

INTERPRETATION 2.

(1) In this Ordinance the expression

Definitions (a) "enactment" means an Ordinance or a regula- "Enactment" tion or any portion of an Ordinance or a regulation; (b) "public officer" includes any person in the public "Public Officer" service of the Territory (

i) who is authorized to do or enforce the doing of any act or thing or to exercise any power, or (ii) upon whom any duty is imposed by or under any public Ordinance; . (c) "regulation" includes any rule, rule of court, "Regulation" order prescribing regulations, tariff of costs or fees, form, by-law, resolution or order made in the execution of a power given by an enact- ment; (d) "repeal" includes revoke or cancel. "Repeal" 65

CHAP. 1 Lapsed enactment deemed repealed Application to all Ordinances Nol if contrary intention appears ThiS Ordinance applies to itself Rule nol inconsistent not excluded Date of coming into force and expiration of Ordinances Powers exercisable under Ordinances not coming into force on assent

INTERPRETATION

(2) For the purposes of this Ordinance, an enactment that has expired or lapsed or otherwise ceased to ha ve effect shall be deemed to be repealed. APPLICATION 3.

(1) Every provision of this Ordinance extends and applies to every enactment, unless a contrary intention ap . pears, enacted or made before or after the commence ment of this Ordinance.

(2) Where an enactment contains an

interpretation sec tion or provision, it shall be read and construed as being applicable only if the contrary intention does not appear.

(3) The provisions of this Ordinance apply to the

interpretation of this Ordinance.

(4) Nothing in this Ordinance shall be construed to exclude the application to any enactment of a rule of construction applicable thereto and· not incon sistent with this Ordinance. OPERATION 4.

(1) Where an enactment is expressed to come into force or operation on a particular day, or on a day fixed by proclamation or otherwise, it shall be construed as coming into force or operation immediately on the expiration of the previous day; and· where an enact ment is expressed to expire, lapse ?r otherwise cease to have effect on a particular day, it shall be con strued as ceasing to have effect immediately on the commencement of the following day.

(2) Where an enactment is not to come into force or operation immediately on its being passed or made and it confers power (

a) to make appointments, (

b) to hold elections, 66

5. (1) (2)

(3) INTERPRETATION (

c) to make regulations, (

d) to make, grant, or Issue instruments, (

e) to give notices, (

f) to prescribe forms, or (

g) to do any other thing, that power may, for the purpose of making the enactment effective upon its commencement, be exercised at any time after the passing or making thereof, but a regulation made thereunder before the commencement of the enactment has no effect until the commencement of the enactment, except in so far as may be necessary to make the enactment effective upon its commencement.

CONSTRUCTION The law is considered as always speaking, and whenever a matter or thing is expressed in the pres ent tense, it shall be applied to the Circumstances as they arise so that effect may be given to each enact ment according to its true spirit, intent and meaning. The expression "now", "next", "heretofore" or "here after" shall be interpreted as having reference to the time when the enactment or the part or provision thereof containing the expression came into force.

CHAP. 1 Ordinance always speakiag UNo,,'" "Next" I'Heretorore" "Hereafter" The expression "shall" shall be read as imperative "Shall" uMa.y" and, the expression "may" as permissive and em- powering.

(4) The expression "herein" used in a

section or pro~ "Herein" vision of an enactment relates to the whole enact- (5) ment and not to that

section or provision only.

Definitions or rules of

interpretation contained in an enactment, unless the contrary intention appears, apply to the construction of the provisions of the 67

Definitions or rules of interpretatiou

CHAP. 1 Ordinanre to be deemed public Provisions in private Ordinances "rumble part of Ordinance Marginal notes and references Every Ordinance remedial Expressions in regulations have same nleaning as in enactment Her Majesty not bound Powers vested in corporation 6. 7. 8. 9. 10.

INTERPRETATION enactment that contain those

definitions or rules of

interpretation, as well as to the other provisions of the enactment. Every Ordinance is a public Ordinance unless by express provision it is declared to be a private Ordinance. No provision in a private Ordinance affects the rights of a person except only as therein mentioned or referred to. The

preamble of an enactment shall be read as a part thereof intended to assist in explaining its purport and object. Marginal notes and references to former enactment form no part of an enactment but shall be deemed to have been inserted for convenience of reference only. Every enactment and every provision thereof shall b~ deemed remedial, and shall be given such fair, large and liberal construction and

interpretation as best insurE's the attainment of its objects. 11. Where an enactment confers power to make regulations or to grant, make or issue an order, writ, warrant, scheme or letters patent, expressions' used therein shall, unless the contrary intention appears, have the same respective meanings as in the enactment conferring the power. 12. No provision in an enactment is binding on Her Majesty or affects Her Majesty or Her Majesty's rights or prerogatives in any manner whatsoever unless it is expressly stated therein that Her Majesty is bound thereby. 13. Words in an enactment establishing a corporation (

a) vest in the corporation power to sue and be sued, to contract and be contracted with by its corporate name, to have a common seal and to alter or change it at pleasure, to have perpetual succession, to ac quire and hold personal property or movables for 68

INTERPRETATION the purposes for which the corporation is consti tuted and to alienate the same at pleasure, (

b) vest in a majority of the members of the corpora tion the power to bind the others by their acts, and (

c) exempt from personal liability for its debts, obliga tions or acts such individual members of the corpor ation as do not contravene the provisions of the enactment incorporating them. 14. When the Commissioner is authorized to do

an act by proclamation, it is to be understood that the proclama tion is a prodamation issued under an Order of the Commissioner, but it is not necessary to mention in the proclamation that it is issued under the Order. 15. Every public officer appointed before or after the com mencement of this Ordinance by or under the authority of an enactment or otherwise, holds office during pleasure only, unless it is otherwise expressed in the enactment or in his commission or appointment. 16.

(1) Words authorizing the appointment of a public officer include the power of (2) (

a) removing or suspending him, (

b) reappointing or reinstating him, (

c) appointing another in his stead or to act m his stead, and (

d) fixing his remuneration and varying or terminating it, in the discretion of the authority in whom power of appointment is vested. Words directing or empowering a public officer to do any act or thing, or otherwise applying to him by his name of ·office, include his successors in the office and his or their deputy. 69 CHAP. 1 Proclamation issued under order 01 Commissioaer Public officers appointed during pleasure ImpHed powers to renlDve public officers and fix remuneratioD Implied powers 01 successors in oflice

CHAP. 1 Power to be exercised by holder of office Implied powers Officer to act within jurisdiction Additional powers Majority may do any act Continuance of powers Revocation and alteratioD Deviation in forms Sex Number

INTERPRETATION

(3) Where a power is conferred or a duty imposed on the holder of an office as such, the power may be exer cised and the duty shall be performed by the person for the time being charged with the execution of the powers and duties of the office. 17. In an enactment (

a) where anything is directed to be done by or before a public officer, a magistrate or a justice of the peace, it shall be done by or before one whose jurisdiction or power extends to the place where such thing is to be done; (

b) where power is given to the Commissioner or a public officer to do or enforce the doing of any act or thing, all such powers shall be deemed to be also given as are necessary to enable him to do or en force the doing of the act or thing; (

c) where any act or thing is required to be done by more than two persons, a majority may do it; (

d) where a power is conferred or a duty imposed the power may be exercised and the duty shall be per formed, from time to time, as occasion requires; (

e) where power is conferred to make regulations, the power shall be construed as including power, exer cisable in like manner and subject to like consent and conditions, if any, to rescind, revoke, amend or vary the regulations and make others; (

f) where a form is prescribed, deviations therefrom not affecting the substance nor calculated to mis lead, shall not invalidate the form used; (

g) words importing male persons include female persons and corporations; (

h) words in the singular include the plural, and words in the plural include the singular; 70

(i) (j) (k) (I) 18. '(

I) INTERPRETATION CHAP. 1 where a word is defined other parts of speech and Corr~spondinlf meanings tenses of that word have corresponding meanings; C::f ~~~h where the time limited for the doing of anything expires or falls upon a holiday, the time so limited extends to ,and the thing may be done on the first following day that is not a holiday; where a number of days not expressed to be "clear days" is prescribed it shall be reckoned exclusively of the first day and inclusively of the last, but where the days are expressed to be "clear days" or where the term "at least" is used both the first day and the last shall be excluded.

A reference to time shall be read as a reference to standard time and standard time shall be the local time of the one hundred and thirty-fifth meridian of longitude. REFERENCES In an enactment or document, an Ordinance of the Territory or of the Northwest Territories, or

an Act of any province or of Canada, may be cited by reference to its title or

short title, if any, either with or without reference to the chapter, or by reference to the number of the

chapter of the Re vised Ordinances or Revised Statutes or of the Ordinances or Statutes for the year of Our Lord or the regnal year in which the Ordinance or Act was passed. Holidays Reckoning lime "Clear day," Time Citation 01 Ordinances or A£ts

(2) A citation of or reference to an enactment of the Citation Territory or the Northwest Territories or to an ~~~~d':nent' Act of a province or of Canada shall be read as a 19. (1) citation of or reference to the enactment or Act as amended. A reference in an enactment by number or letter to any section, subsection, paragraph, subparagraph, clause, subclause or other division or line of another 71 Referenee to enactment as printed by Authority

CHAP. 1 Citations o( sections to be inclusive Re(erence to parts o( Ordinancel Re!erence in

section Re(et'ence to regu la tiOD 5 DefinitioDS "Bank" or "Chartered Bank" "Commence ment"

INTERPRETATION enactment shall be read as a reference to the sec tion, subsection, paragraph, subparagraph, clause, subclause or other division or line of such other enactment as printed by authority of law.

(2) A reference in an enactment by number or letter to two or more parts, divisions, sections, sub sections, paragraphs, subparagraphs, clauses, sub clauses, schedules or forms in an enactment shall be read as including the number or letter first mentioned and the number or letter last mentioned.

(3) A reference in an enactment to a part, division, section,

schedule or form shall,. unless the contrary intention appears, be read as a reference to a part. division, section,

schedule or form of the enactmen~ in which the reference occurs.

(4) A reference in an enactment to a subsection, para graph, subparagraph, clause or subclause shall, unless the contrary intention appears, be read as a reference to a subsection, paragraph, subparagraph, clause or subclause of the section, subsection, paragraph, subparagraph or clause, as the case may be, in which the reference occurs.

(5) A reference in an enactment to regulations shall, unless the contrary intention appears, be read as a reference to regulations made under the enact ment in which the reference occurs. WORDS AND PHRASES 20.

(1) In an enactment, the expression 72 (a) "bank" or "chartered bank" means a bank to which the Bank Act applies; (b) "commencement" when used with reference to an enactment or any provision thereof means the time at which the enactment or provision comes into force or operation;

(c) (

d) INTERPRETATION "commissioner" means the Commissioner of the Yukon Territory or the person executing the office and functions of the Commissioner of the Yukon Territory; "Commissioner in Council" means the Com missioner acting by and with the advice and consent of the Council of the Territory; (e) . "Council" means the Council of the Yukon Territory; CHAP. 1 .

UCommis~ sioner" "Commis sioner in Council" "Council" (f) "Court" means the Territorial Court of the "Court·· Yukon Territory; (g) (h) (i) (j) "felony" means any crime that before the passing of the Criminal Code 1914 would have been a felony under the law of Canada; "fiscal year" when used with respect to the government of the Territory, means the twelve months ending the 31st day of March; "Her Majesty", "His Majesty", "the Queen", "the King", or "the Crown" means the Sovereign of the United Kingdom, Canada and Her other Realms and Territories, and Head of the Commonwealth; "holiday" includes Sunday, New Year's Day, Good Friday, Easter Monday, Victoria Day, Dominion Day, the seventeenth day of August known as Discovery Day, Labour Day, Re membrance Day, Christmas Day, the birthday or the day fixed by proclamation for the cele bration of the birthday of the reigning sovereign and any other day appointed by proclamation for a general fast or thanksgiv ing, and whenever a holiday other than Re membrance Day falls on a Sunday, the expression "holiday" includes the following day; 73 ,jFelony" IIFiscal year" "Her Majesty" "The Crown·· uThe QuecQ" "Holiday"

CHAP. 1 "JUdge" "ltagistrate" "Misdemean our" "Month" "Oath" or "Affidavit" "Ordinance" . 11 Peace Officer" "Person" uProclama tion" "Security" IISurety" ItTcrritory'l 74

INTERPRETATION (k) "Judge" means a judge of the Court; (I) "justice" means a justice of the peace and in cludes two or more justices when two or mOfl! justices act or have jurisdiction and also any person having the power or authority of two or more justices of the peace; (m) "magistrate" includes justice of the peace; (n) "misdemeanour" means any crime or offence that before the passing of the Criminal Code 1914 would have been a misdemeanour under the law of Canada; (0) "month" means calendar month; (p) "oath", or "affidavit" in the case of persons for the time being allowed or required by law to affirm or declare instead of swearing, in cludes affirmation and declaration and "swear" in the .like case includes "affirm" and "declare"; (q) "Ordinance" means an Ordinance of the Yukou Territory; (r) "peace officer" means a peace officer as defined in the Criminal.

Code,. (s) "person" includes a corporation and the heirs, executors, administrators or other legal repre sentatives of a person; (t) "proclamation" means a proclamation under the seal of the Territory; (u) "security" means sufficient security; (v) "surety" means sufficient surety; (w) "Territory" means the Yukon Territory as defined in the Yukon Act;

(2) (x) (y) (z) (za) (zb) (zc)

INTERPRETATION "United Kingdom" means the United Kingdom of Great Britain and Northern Ireland; "United States" means the United States of America; "will" includes codicil; "writing", "written" or any term of like im port includes words printed, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing words in a visible form; "year" means calendar year; "Yukon Gazette" means the Yukon Official Gazette.

In an enactment a name commonly applied to a country, place, body, corporation, society, officer, functionary, person, party or thing means the country, place, body, corporation, society, officer, functionary person; party or thing to which the name is commonly applied although the name is not the formal or extended designation thereof. REPEAL AND AMENDMENT CHAP. 1 "United Kingdom" "United States" "Will" "\Vriting" ·'Written·' "Year" "Yukon Gazette" Names commonly used 21.

An amending. enactment shall, as far as consistent ~n~e~1ilient with the tenor thereof, be construed as part of the en- Ordinance actment that it amends. 22.

(1) Where ari enacfment is repealed in whole or In Effect 01 repeal part, the repeal or revocation does not (

a) revive an enactment or thing not in force or existing at the time when the repeal takes place, (

b) affect the previous·. operation of the enact ment so· repealed or anything duly done or suffered thereunder, ·75

CHAP. 1

INTERPRETATION Eff"ct of repeal and substitutioD (

c) affect a right, privilege, obligation or liability acquired, accrued, accruing or incurred under the enactment so repealed, (

d) affect an offence committed against or a violation of the provisions of the enactment so repealed, or any penalty, forfeiture or punishment incurred in respect thereof, or (

e) affect an investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and an investigation, legal proceedings or remedy of the kind described in paragraph (

e) may be in stituted, continued or enforced and the penalty, forfeiture or punishment imposed as if the enact ment had not been repealed or revoked.

(2) Where an enactment is repealed in whole or in part and other provisions are substituted there for ; 76 (

a) every person acting under the enactment so repealed shall continue to act as if appointed under the provisions so substituted until another is appointed in his stead; (

b) every bond and security given by a person appointed under the enactment so repealed remains in force, and all offices, books, papers and things made or used under the repealed enactment shall continue to be used as before the repeal as far as· consistent with the substi tuted provisions; (

c) every proceeding taken under the enactment so repealed shall be taken up and continued under and in conformity with the provisions 50 substituted, as far as consistently may be;

23. (1)

(2) INTERPRETATION (

d) in the recovery or enforcement of penalties and forfeitures incurred and in the enforce ment of rights, existing or accruing under the enactment so repealed or in a proceeding in relation to matters that have happened before the repeal, the procedure established by the substituted provisions shall be followed as far as it can be adapted thereto; and (

e) when any penalty, forfeiture or punishment is reduced or mitigated by any of the provisions or substituted, the penalty, forfeiture or pun ishment if imposed or adjudged after the repeal shall be reduced or mitigated accordingly. Where an enactment is repealed in whole or in part and other provisions are substituted by way of amendment, revision or consolidation; (a) (

b) all regulations made under the repealed enact ment remain in force, in so far as they are not inconsistent with the substituted enact ment. until they are annulled or others made in their stead ,and a reference, in an unrepealed enactment to the repealed enactment, shall, as regards a subse quent transaction, matter or thing, be read as a reference to the provisions of the substituted enactment relating to the same subject matter as the repealed enactment but where there are no provisions in the substituted en actment relating to the same subject-matter, the repealed enactment shall be read as un repealed as far as is necessary to maintain or give effect to the unrepealed enactment.

CHAP. 1 Effect of repeal and substitution Regulations Reference Where an Ordinance of the Northwest Territories !.~:~ft~~~dto or

an Act of a province or of Canada is repealed in whole or in part and other provisions are substitut ed by way of amendment, revision or consolidation, a reference in an enactment of the Yukon Territory to the repealed Ordinance or Act shall, as regards 77 Ordinance or Act

CHAP. 1 Repeal does not imply f'nactmcnt iD lorce AmendmeDt does not imply a change iD the Jaw Repeal does not declare previous law Re·enactment is not adoption of previous construction Substituted enactments take effect the day of repeal "Summary conviction"

INTERPRETATION a subsequent transaction, matter or thing, be con strued as a reference to the provisions of the substituted Ordinance or Act relating to the same subject-matter as the repealed Ordinance or Act. 24.

(1) The repeal of an enactment in whole or in

part is not and shaU not be deemed to be or to involve a declaration that the enactment was or was consider ed by the Commissioner in Council or other person or body by whom the enactment was passed or made to have been previously in force.

(2) The amendment of an enactment is not and shall not be deemed to be or to involve a declaration that the law under the enactment was or was considered by the Commissioner in Council or other person or body by whom the enactment was passed or made to have been different from the law as it is under the enactment as amended.

(3) The repeal of an enactment in whole or in part or the amendment of an enactment is not and shall not be deemed to be or to involve any declaration as to the previous state of the law.

(4) A re-enactment, revision, consolidation or amend ment of an enactment is not and shaH not be deemed to be an adoption of the construction that has by judicial decision or otherwise been placed upon the language used in the enactment or upon similar language. 25. Whenever a part of an enactment is repealed and other provisions are substituted there for, the substituted pro visions, unless the contrary intention appears, take effect from the day the repealing enactment comes into force. ENFORCEMENT OF THE LAW 26.

(1) Unless otherwise therein special1y provided, pro ceedings for the imposition of punishment by fine, penalty or imprisonment for enforcing an enactment 78

27. 28. 29.

(2) INTERPRETATION or municipal bylaw may be brought summarily be fore a justice of the peace under the provisions of the Criminal Code relating to

summary convictions;· and the words "on

summary conviction" wherever they appear in an enactment or bylaw shall refer to and mean under and by virtue of these provisions of the Criminal Code. When no time is specially limited in the enactment or law relating to the particular offence, for mak ing a complaint or laying an information, the com plaint shall be made or the information laid within six months from the time when the matter of the complaint or information arose.

Any duty, penalty, fine or sum of money or the proceeds of a forfeiture under any law of the Territory, if no other provision is made respecting it, constitutes terri torial revenue and shall be paid into and form part of the Yukon Consolidated Revenue Fund. Where a pecuniary penalty or a forfeiture is imposed for the contravention of an enactment, then, if the provisions of the Criminal Code relating to

summary convictions are not applicable to the case and if no other mode is prescribed for the recovery of such penalty or forfeiture or if the mode prescribed is not applicable to the case, the penalty or forfeiture shall be recoverable with cost!; by civil action or proceeding at the suit of the Attorney General of Canada or of a private party suing as well for the Crown as himself; and, if no other provision is made for the appropriation of the penalty or forfeiture, one-half thereof shall constitute territorial revenue and shall be paid into and form part of the Yukon Consolidat ed Revenue Fund, and the other half shall belong to the private plaintiff, if any, and if there is· none the whole shall constitute territorial revenue.

Where under any enactment now in force or under any future enactment a court or person is empowered or required to award imprisonment, the court or such person 79 CHAP. 1 Complaint on information within six months P~nalty. fin~s to form part of Yukon Consolidated Rtvenue Fund

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1954
Type	statute
Volume / chapter	1954
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	63aad92ee7d3175aa5b2f4ac60a35838986cde31

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