STATUTES OF THE YUKON TERRITORY PASSED BY THE LEGISLATURE OF THE YUKON TERRI~ORY IN THE YEAR 1983 IN THE THIRD SESSION OF THE TWENTY-FIFTH LEGISLATIVE ASSEMBLY CHAPTERS 12 - 30 VOLUME 1

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CHAPTER !!2.:.... No. 19 12 22 13 20 14 25 15 26 16 15 17 32 18 14 19 28 20 29 21 21 22 36 23 31 24 30 25 24 26 23 27 16 28 17 29 10 30 TABLE OF CONTENTS STATUTES OF THE YUKON TERRITORY 1983 TITLE Access to Information Act The Business Corporations Act (Act published in separate volume) Certified General Accountan~s Act

An Act to Amend the Compens~tion for Victims of Crime Act Constitutional Questions Act Economic and Regional Oevelopment Agreement Act, 1983

An Act to Amend the Elections Act Ffn.ancial Administration Act First Appropriation Act, 1984-5 Fourth Appropriation Act, 1983-84

An Act to Amend the Legislative Assembly Act

An Act to Amend the Legislat1ve Assembly Act (No.2)

An Act to Amend the Motor Veh1cles Act

An Act to Amend the Municipal Act Public Lotteries Act Recreation Act

An Act to Amend the Society of Management Accountants Act

An Act to Amend the Workers' Compensation Act

An Act to Amend the Yukon River Basin Study Agreement Act Page. No. 70 76 77 84 86 90 91 117 167 169 In 173 175 182 223 228 236 238 239

STATUTES OF THE YUKON TERRITORY 1983,

Chapter 12 ACCESS TO INFORMATION ACT (Assented to November 3. 1983) The Commissioner of the Yukon Territory, by and with the advice and consent of the legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Access to Information Act. 2 (1). In this Act, DArchivist" means the person appointed as the Archivist under the Archives Act; Udepartment" means (

a) any department, branch, or unit of the public service of the Government of Yukon, and (

b) any board, commission, foundation. corporat1on or other similar agency established as an agent of the Commissioner of Yukon; Uinformation" means information in any form including information that is written, photographed. recorded or stored in any manner whatsoever; "public business" means any activity or function carried on or performed by a department; "record" means the form in which information is kept. 3

(1) The purpose of this Act is to provide reasonable access by the public to information 1n records of departments and to subject that right only to specific and 1 imited exceptions necessary for the effective operation of departments 1n the public interest. 4

(1) Subject to this Act, every person shall have access to information· relating to the public business of the Government of Yukon. ., 70 -

Access to Information Act

Chapter 12 5

(1) Any person may request information in a record' of a department by applying to the Archivist.

(2) The request may be made orally or in writing, and if the request is made orally the person who receives it shall make a written record of the relevant particulars of the request.

(3) The person who malees the request shall describe the record or the subject matter of the information he wants with enough detail about time, place, person, or event to enable a person familiar with the subject matter to identify the relevant record.

(4) If the record containing the requested information cannot be identified, the Archivist shall, in writing, tell the person who made the request that the record cannot be identified and ask him to give more details that might help a departmental official identify the relevant record.

(5) If the record containing the requested information can be identified but the information cannot be supplied inrnediately or the record cannot be located, tile Archivist official shall, in writing, tell the person I:IhQ made the request when he can return for the information •.

(6) If the record that contained the information no longer exists the Archivist shall, in writing, tell the person who made the request that the record no longer exi sts and, if possible, when it was destroyed.

(7) A request for information shall be made during the regular working hours of the office of the Archivist. 6

(1) A request for information shall be granted or denied within 30 days after the day on which the request is made.

(2) A request for information that is not granted within 30 days of the day on whi ch the request was made or wi thi n the extended time allowed under subsection (3), shall be deemed to have been denied and the reasons for the denial shall be provided. - 71 -

Access to Information Act

Chapter 12

(3) If the record containing the requested information cannot be identified and the person who requested it has been asked to give more details to help identify the relevan~ record, the request sha 11 be granted or, deni ed wi thi n 30 days after enough additional details are given to enable the record to be identified. 7

(1) If the request for information is granted and the prescribed fee has been paid'the Archivist shall make the information available and provide copies of the record upon request. B

(1) There is no right to information under this Act where access to it or its release (

a) would disclose information the confidentiality of which is protected by law: (

b) would reveal information concerning another person's identity, residence, dependents, marital status, employment, financial transactions, income, assets and liabilities, credit worthiness, education, character, reputation, health, phYSical or personal characteristics, or mode of living, where that information was given in the reasonable expectation that its confidentiality would be protected; (

c) would violate the confidentiality of information that w,as given by another government: (

d) would violate the confidentiality of information that was given by another per$on and is of a kind consistently treated as confidential by that person: (

e) would 1 ikely cause a financial loss to or gain for a person or department, or affect the competitive position of a person or department: (

f) would jeopardize negotiations in relation to an existing or proposed agreement or contract: (

g) would disclose the substance of, proposed legislation or regulations: (

h) would disclose the existence or content of opinions or recommendations communicated to, between, or from members of the Executive Council on matters relating to the formulation of government policy and the making of government decisions: (

i) would disclose any agenda for or record of the deliberations of the Executive Council; - 72 -

Access to Information Act

Chapter 12 (

j) would disclose legal opinions or advice given to a person or department, or privileged convnunications as between solicitor and client in a matter of departmental business; (

k) would be detrimental to the proper enforcement of any 1 aw of Canada or of the Territory, the conduct of lawful investigations in respect of such laws, the administration of justice, or the proper custody, contro 1 or supervi si on of persons u'nder sentence; (1) would violate any right respecting intellectual property, including any copyright, patent right or trade mark right; (

m) would hamper an audit in progress or reveal an auditing program or auditing operation plan; (

n) would likely prejudice the outcome of judicial proceedings in progress. 9

(1) If a record contains some information that cannot be disclosed, that portion of the record shall not be disclosed and the remainder shall be disclosed.

(2) If it is not practical to separate the portion of the record that can be disclosed from the portion that cannot be disclosed, the portion that can be disclosed shall, if the prescribed fee is paid, be transcribed into a form that can be di sc 1 osed to and used by the person who requests the information. 10

(1) A request for information may only be denied (

a) where the record of the information does not exist, or (

b) in accordance with

section 8.

(2) If a request for information is denied the Archivist shall give to the person who made the request (

a) written reasons for the denial, and (

b) a written description of the right and procedure for appealing against the denial. - 73 -

Access to Information Act

Chapter 12 11

(1) If the request for infonnation is denied. the person who made the request may appeal the denial by delivering to the Archivist a written notice of. appeal within 15 days after the day his request was denied.

(2) The appeal shall be considered and decided by the Executive Council member charged with responsibility for the department to whose operation the information relates.

(3) The appeal to· the Executive Council Member is not a jud1cial proceeding and he may review the request and the denial in any manner and consult with any person and hear any representations and receive any recommendations as he thinks appropriate.

(4) The Exec;utive Counci.l Member shall. within 30 d.:.ys after the notice of appeal is del ivered to the Archivist. uphold; vary or overrule the denial and shall give reasons for the decision •.

(5) If the Executive Council. Member overrules or varies the . denial. he shall issue appropriate instructions to ensure that the requested infonnation, or the portion that he decides can be released, is ·made available to the person who made the reque.s t. 12

(1) If the request for information has been denied by the Executive Council Member, the person who requested the . fnformation may appeal by means of a petition to a judge of the Supreme Court.

(2) On the appeal to him the Supreme Court judge may require the production of and may inspect the information that is the subject of the appeal. if the information exists, but that i nspecti on sha 11 be conducted wi thout the presence of any person and the confidential ity of the infonnation shall be preserved pendi ng the judge IS deci 5 i on about whether the person who requests the infonnation has a right to it.

(3) Upon hearing the appeal, the Supreme Court judge may (

a) order that the Archivist grant the request for some or all of the requested information, - 74 -

Access to Information Act

Chapter 12 (

b) order that the denial of the request be upheld in relation to some or all of the Information, or (

c) make any order in consequence of, or to implement, an order under paragraph (

a) and (

b) that seems necessary and just in the circumstances.

(4) If under

section 8 there is no right to the requested information the Supreme Court judge shall not order the Archivist to grant the request. 13

(1) The Commissioner in Executive Council may make regulations (

a) prescribing fees for the purposes of this Act, (

b) without requiring the use of any particular form, prescribing forms that may be used under this Act, and (

c) prescrlbi ng suc~ procedures as are not established by the Act as may be necessary to carry out the purposes of the Act. 14

(1) This Act comes into force on a date to be fixed by the Commissioner in Executive Council. - 75 -

STATUTES OF THE YUKON TERRITORY 1983,

Chapter 13 THE 8USINESS CORPORATIONS ACT (Assented to November 3, 1983) This Act ;s pr;nt~d ;n a separate volume. - 76 -

STATUTES OF THE YUKON TERRITORY 1983,

Chapter 14 CERTIFIED GENERAL ACCOUNTANTS ACT (Assented to November 3, 1983) The COllV11i ss ioner of the Yukon Territory, by and wi th the advice and consent of the Legislative Assembly, enacts as follows: 1(1) This Act may be cited as the Certified General Accountants Act. 2(1) There is hereby established a corporation to be known as the Certified General Accountants Association of Yukon, in this Act referred to as the "Association".

(2) The head office of the Association shall be in the City of Whitehorse or such other place as may be determined by the Board. 3(1) The general objects of the Association are (

a) to furnish means and facilities by which its members may increase their knowledge, skill, and proficiency in all things relating to the business or profession of an accountant or an auditor; (

b) to hold examinations and establish tests of competency for admission to membership in the Association; and (

c) to discipline a member guilty of misconduct in the practice of his business or profession. 4(1) The affairs and business of the Association shall be managed by a Boa rd of Governors, in th is Act referred to as the "Board", comprising three or, if the by-laws so provide, more than three members elected by and from among the members of the Association.

(2) The Board shall elect from its members a president and at least one vice-president. - 77 -

Certified General Accou ntants Act

Chapter 14

(3) The Board shall appoint a secretary-treasurer or a secretary and a treasurer, who need not be a member of the Board.

(4) When there is a vacancy in the membership of the Board, the Board shall appoint some other member of the Association to ffll the vacancy.

(5) A vacancy in the membership of the· Board does not impair the right of the remaining members of the Board to act. 5(1) The following persons are entitled to be admitted to membership in the Association: (

a) a member of any incorporated association of certified general accountants in Canada that has objects and purposes similar to those of the Association; (

b) a member of any association of accountants or auditors within or outside of Canada that has .objects and purposes similar to those of the Association and who has training and experience similar to that of persons eligible to be admitted· to membership in the Association under paragraph (

a) and who passes such examinations as may be prescribed by a by-law; and (

c) any candidate or any registered student who has passed the examinations and met any other requirements for enrollment as members that have been prescribed by bylaw. 6(1) In addition to the powers vested in it by the

Interpretation Act, the· Association has, for the attainment of its objects, power to (

a) acquire and dispose of real property; (

b) to borrow money and mortgage or otherwi se charge or encumber its property; (

c) employ persons, including members, in pursuit of its objects; (

d) establish branches or chapters in various parts of Yukon; - 78 -

Certified General Accountants Act

Chapter 14 ,(

e) establish educational programs for members and students and, for that purpose, make agreements wi th the Government of Yukon, or wi th any university, college, or school in Yukon or a province, or with any incorporated association of accountants; (

f) establish and administer a benevolent fund for the benefit of members or the dependents of deceased members, and for, that purpose may make and receive contributions and donations; (

g) contract or arrange for insurance for the benefit of members and the dependents of deceased members; and (

h) affiliate with any incorporated association of accountants for the mutua 1 benefi t of members, for the establishment of uniform qualifications or examinations, and for the recognition of qualifications and examinations. 7(1) The objects and powers of the Association may be carried out and exercised by bylaws or by resolutions passed by· the Board, but the Board .shall not exerc.ise any power or do any act that is di rected or requi red by thi s Act or by a by-l aw to be exerci sed or done by the Association in a general meeting. 8(1) The Board may pass bylaws to carry out the objects of the Association and without limiting the generality of the foregoing the Board may pass bylaws respecting (

a) membership fees and the termination of membership; (

b) nomination, election or appointment, terms of office and remuneration of members of the Board or employees of the Association; (

c) the election or appointment, and the replacement of officers of the Association and the duties and powers of those officers; (

d) the time, place, calling and conduct of general meetings of the members of the Association; (

e) the management of the property and financial affairs of the Association; - 79 -

Certiffed General Accou ntants Act

Chapter 14 (

f) rules of professional conduct, and the reprimandi ng of members. and the suspens i on or termination of membership for breach of the rules of professional conduct; (

g) a student class of membership and the rights and privileges thereof and the conditions upon which persons wi sh i ng to become members of the Association may be registered as students; (

h) a non-practicing class of membership and the rights and priv;]eges thereof and the conditions upon which persons may maintain non-practicing membership and change to pract1c1ng membership. (i) ,the enrollment of members and registration of students; (

j) the curriculum of studies and examinations to test the competence of registered students or of candidates for enrollment as members; (

k) the granting. suspension. revocation and renewals , of certificates of registration; and (

I) other matters that are necessary for the managemept of the Association and the a.ttainment of its objects. (2) , No such bylaw or any repeal thereof or amendment thereto sha 11 take effect until 'I t has been approved by the members of the Association In a 'general meeting.

(3) Any bylaw passed by the Board may be amended or rejected by the members of the Association in a general meeting. 'and the members may propose and pass a by-law in a general meeting whether or not it has already been passed by the 'Board.

(4) The Board shall file with the Executive Council Member a copy of each bylaw within two weeks after the bylaw has been approved by the members of the Association.

(5) The Conanissioner In Executive Council may annul any bylaw of the Association. - 80 -

Cel"tffied General A ccou ntants Act

Chapter 14 9(1) At least one general meeting of the members of the Association shall be held in each year for the transaction of such business as may be brought before the meeting.

(2) The Boa rd may convene other genera I meet i ngs of the members of the Association at its discretion and shall convene such other general meetings as are required pursuant to a bylaw. 10(1) Every member of the Association, other than a student member, may use the designation "certified general accountant" and the initials "C.G.A." to indicate that he is a certified general accountant.

(2) No person shall use the designation Ucertified general accountant" or the initials "C.G.A.n alone or in combination with any other words or initials as his occupational, business or professional deSignation, where he is not a member of the As soc i at i on and no person shall in any other way represent or imply that he is a ce~i fi ed genera I accountant, un I ~ss he is a member of the Association.

(3) Any fi"" of certi fi ed genera I accountants whose members are entitled to practice as certified general accountants outside Yukon and whose head office is outside Yukon, but which maintains a practice within Yukon, may describe themselves in Yukon as certified general accountants, or C.G.A.'s, if at least one member of the fi nn is a member, other than a student or non-practicing member, of the Association.

(4) Each day's continuance of any contravention of this

section constitutes and is deemed to be a new and distinct offence. 11(1) Nothing in the Act affects or interferes with the right of a person who is not a member of the Association to practice as an accountant or auditor in Yukon. - 81 -

Certified General Accountants Act

Chapter 14 12(1) Any person of the age of majority, upon making application for membership and paying examination fees as required "by "a bylaw, has the right to try the examination set by the Board as the test of competency for membership in the Association. 13(1) The Board shall keep a register in which shall be entered in alphabetical order the names of all members and their class of membership.

(2) The register of members shall be open to any person for inspection free of charge during reasonable business hours.

(3) The register, or a copy of it or of an extract from it certified true by an officer of the Association, shall be received in evidence as prima facie proof of the facts stated in the register or extract produced.

(4) The certificate of an officer of the Association certifying that he has examined the register and that a per:-son is not shown on the. regi ster as a member of the Associ·ation shall be received in evidence as prima facie proof that the person is not a member. 14(1) Any surplus derived from carrying on the affairs and business of the Association shall be applied solely in promoti ng and carryi ng out the objects and purposes of the Association, and shall not be divided among the members of the Association. (2) 'No person who ceases to be a member of the Association, and no representative of any member who dies, shall, by reason of the membership, have any interest in or claim against the funds and property of the Association."

(3) The Association may be wound up in the same way as if it were incorporated under the Companies Act but dissolution of the Association in consequence of the winding up may occur only by repeal of this Act. - 82 -

Certified General Accou ntants Act

Chapter 14 15 (

l) A member who has been reprimanded or whose membership in the Association has been suspended or expelled may, after exhausting all other rights of appeal provided by a bylaw, appeal to the Supreme Court of Yukon against the decision imposing the reprimand, suspension or termination.

(2) The appeal shall be taken within 30 days of the decision appealed against or such longer time as a judge of the Court may allow.

(3) The procedure for the conduct of an appeal to the Court under this

section shall be, with such reasonable modifications directed by the Court as may be necessary, the same as for an appeal in the Court of Appeal.

(4) Upon heari ng the appeal, the Court may affi rm, reverse, or modify the decision appealed against, and make such other order as seems proper to the Court. 16(l} The first general meeting of the Association shall be held within six months after the date on which this Act comes into force and may be called by notice given by any three persons entitled to be members of the Association.

(2) The notice of the first general meeting may be given or published by any method likely to give reasonable notice to persons who are practicing accountancy in Yukon and who would likely qualify as certified general accountants under this Act and are not members of the Institute of Chartered Accountants or of the Society of Management Accountants. - 83 -

STATUTES OF THE YUKON TERRITORY 1983.

Chapter 15

AN ACT TO AMEND THE COMPENSATION FOR VICTIMS OF CRIME ACT (Assented to November 21. 1983) The Commissioner of the Yukon Territory. by and with the advice and consent of the Legislative Assembly. enacts as follows: 1

(1) This Act amends the Compensation for Victims of Crime Act. 2

(1) In subsection 21(1). "section 19" is substituted for ·subsection (19)A. 3

(1) The following is substituted for

section 26: n26

(1) Subject' to subsections (2) •. (3). (4) and (5). nothing in this Act affects the rights of any person to recover from any other person. by civil proceedings. damages as a result of an occurrence.

(2) The Executive Council Member has the right to recover from the person whose act or omission caused the injury or death the amount of compensation awarded in respect of the occurrence and that amount she 11 be deemed to be a debt owing to the Government of Yukon.

(3) In an action taken by the Executive Council Member under subsection (2). the defendant may have the benefi t of any defence he wou I d have 1 n an action by the victim. or his heirs. successors or assigns. for damages resulting from the occurrence.

(4) Notwithstanding subsection (3) • in an action taken by the Executive Council Member under subsection (2) • evidence that the Board has found the defendant responsible for the occurrence or that he has been convicted of a crime arising out of the occurrence shall be prima facie proof that it was his ac: or omission which caused the injury or death. - 84 -

Act to Amend the Compensation for Victims of Crime Act

Chapter 15

(5) In an action against any other person for damages arising out of the occurrence. a person who has received an award under this Act has no right to recover the amount of the award from the other person and the amount of the award shall be deducted from the damages that woul d othel'"flhe be granted." 4

(1) In

section 27. "Commissioner in Executive Counc;]" is substituted for "Commissioner". 5

(1) In

section 29. DExecutive Council Member" is substituted for "Commissioner". - 85 -

STATUTES OF THE YUKON TERRITORY 1983,

Chapter I~ CONSTITUTIONAL QUESTIONS ACT (Assented to November 21, 1983) The Commissioner of the Yukon Territory, by and with the advice and consent of the legfslative Assembly, enacts as follows:

(1) This Act may be cited as the Constftutional Questfons Act. 2

(1) In this Act, "enactmentD fncludes

an Act, a· regulatfon, and any other statutory instrument of a legfslative nature, such as an order, order-in-council, or Ordfnance, that is made by or under the authority of the Parliament of Canada, the Parliament of the United Kfngdom, the legislature, Her Majesty, the Governor General, the Governor-in-Council, a Minister of the Government of Canada, the Commissioner, the Commfssioner in Executive Council, or an Executfve Council Member.

"er/actment of Canada" includes all enactments other than those made by or under the. authorfty of the legislature, the Commissioner, the Commissioner in Executive Council, or an Executive Council Member; "Yukon enactment" means any enactment made by or under the authority of the legislature, the Commissioner, the Commissioner in Executive Council, or an Executive Council Member. 3 (

l) When in a proceeding in any Yukon court or before any judge or justice in Yukon the constitutfonal va 1 idfty of an enactment of Canada or of a Yukon enactment is brought in question, the enactment shall not be held to be invalid unless (

a) in the case of an enactment of Canada, notice has been given to the Attorney General for Canada, and - 86 -

Constitutional Questions Act

Chapter 16 (

b) in the case of a Yukon enactment, notice has been given to the Executive Council Member.

(2) When in a proceeding in any Yukon court or before any judge or justice in Yukon a question arises as to whether an enactment is the ap propriate legislation applying to or governing any matter or issue, no decision may be made on it unless notice has been given to both the Attorney General for Canada and the Executive CounCll Member.

(3) The notice referred to in subsection (1) and (2) shaTI specify the enactment, and what part thereof. that is in question, shall give such other particulars as are necessary to show the constitutional issue proposed to be argued, and shaTI be served at least 30 days before the day proposed for argument of the issue.

(4) T he Attorney General for Canada and the Executive Councfl Member are entitled to be heard on the constitutional question notwithstanding that the Crown is not a party to the proceeding in which the question arises. 4

(1) The Supreme Court has jurisdiction to hear an action at the instance of either the Attorney General for Canada or the Executive Council Member for a declaration as to t~e constitutional validity of. a Vu kon enactment, even though no other remedy is sought.

(2) An action under this

section is sufficiently constituted if both the Attorney General for Canada and the Executive Council Member are parties to it.

(3) A judgment in an action under this

section may be appealed as other judgments of the Court in an action. - 87 -

Constitutional Questions Act

Chapter 16 5

(1) The Commissioner in Executive Council may refer to the Court of Appeal for hearing or consideration any matter he thin ks fit to refer, other than . the constitutional validity of an enactment of Canada, and the Court of Appeal shall thereupon hear or consider the matter.

(2) W here the matter referred to the C ou rt of A p peal relates to the constitutional valfdfty of a Yu kon enactment the Attorney General for Canada shan be notified of the hearing and 1s entitled to be heard in the hearing.

(3) Where any matter relating to an agreement between the Govern ment of Canada an d the Govern ment of Yukon is referred to the Court of Appeal under this sectfon, the Attorney General for any province that has made an agreement of like nature and having like purposes may be heard in the Court of Appeal on the reference.

(4) The Court of Appeal or any judge thereof may direct that a person interested in the matter referred to it. or that anyone or more persons representative of a class of persons interested in the matter referred to it be notified of the hearing and be entitled to be heard in the hearing.

(5) The Court of Appeal or a judge thereof may grant to any person interested in the matter referred to it or to any person representative of a class of person s interested in the matter leave to appear and be heard in the hearing.

(6) When any interest aff!!cted in the matter referred to the Court of Appeal is not represented by counsel, the Court of Appeal may permit counsel to argue the case for that interest. - 8a -

Constitutional Questions Act

Chapter 16

(7) The Court of Appeal shall certify the Court's opinion on the matter, with reasons. and the opinion shall be given in the same manner as a judgment in an ordinary action and a judge who differs from the opinion or reasons of the majority or of another judge may in like manner certify his opinion and reasons.

(8) The opinion of the Court of Appeal shall be deemed a judgment of the Court of Appeal and may be appealed against as other judgments of the Court of Appeal in an action. 6

(1) Section 9 of the Supreme Court Act is repealed. - 89 -

STATUTES OF THE YUKON TERRITORY 1983,

Chapter 17 ECONOMlC AND REGIONAL DEVELOPMENT AGREEMENT ACT, 1983 (Assented to November 21, 1983) The Conmissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Economic and Regional Development Agreement Act, 1983. 2

(1) The Conmissioner in Executive Council may make on behalf of the Government of Yukon an agreement with the Government of Canada providing for the creation and implementat10n of programs, the cost of which will be shared by the Government of Yukon and the Governme~t of Canada, for economic and socio-economic planntng and development of the Yukon Territory.

(2) The agreement authorized by subsection (1). (

a) may provide for subsid1ary agreements between the Government of Yukon and the Government of Canada or between the Government of Yukon and any person for the purpose of implementing a plan, program or development, (

b) shall provide that no expenditure of money under its terms sha 11 be made by the Government of Yukon unless the Legislative Assembly has appropriated money for the purpose, and (

c) may be executed on behalf of the Conmissioner in Executive Council by the Executive Council Member. J

(1) The Conmissioner tn Executive Council may do every act and exerci se every power, t nc 1 udi ng de 1 egati on to the Executive Council Member, necessary for the purpose of fulfflling every obligatfon assumed by the Government of Yukon under this Act. - 90 -

STATUTES OF THE YUKON TERRITORY 1983.

Chapter IS

AN ACT TO AMEND THE ELECTIONS ACT (Assented to November 21. 19S3) The Conmissioner of the Yukon Territory. by and with the advice and consent of the Legislative Assembly. enacts as follows: 1

(1) This Act amends the Elections Act. 2

(1) In the definition of "Administrator" in subsection 2(1). "appointed by the Chief Electoral Officeru is substituted for "employed by the Soard".

(2) In subsection 2(1). the definition of "Board" is repealed.

(3) The following new definition is added to subsection 2(1): P'Chief Electoral Officer' means the Chief Electoral Officer apPointed pursuant to

section 4."

(4) The definition of Delection officer P in subsection 2(1) is amended by adding "the Chief Electoral OfficerD immediately before qthe Administratoru• 3

(1) Except as otherwise provided in this Act. in every provision of the Elections Act containing the word "Board" (a) "Chief Electoral Officer u is substituted for "BoardD• and (

b) in order to give effect to paragraph (a). "he". "himu and qh1s· are substituted for -it" and "its", as the case may require. wherever they refer to the "Soard". 4

(1) The following is substituted for the heading immediately preceding

section 4: "Chief Electoral Officer".

(2) The following ~s substituted for

section 4: "4(1) The Conmissioner in Executive Council shall appoint a Chief Electoral Officer.

(2) The Chief Electoral Officer shall refrain from any active or public support or criticism of any candidate or any political party endorsing a candidate." - 91 -

An Act to Amend the Elections Act

Chapter 18 5

(1) The following is substituted for subsection 6(1): "6(1) The Chief Electoral Officer shall appoint an Administrator of Elections who shall be his assistant."

(2) In subsection 6(2), "during his employment" is struck out.

(3) The following new subsections are added to

section 6: Q(3) The Administrator shall assfst the Chief Electoral Officer fn the performance of the duties of his office and, where the Chief Electoral Officer fails to perionn hfs duties or is unable at any tfme for any reason to perionn his dutfes, the Administrator shall act in hfs place.

(4) The Chfef Electoral Offfcer may authorize the Administrator or any other officer on the staff of the Chief Electoral Officer to exercise any of the powers, or perfonn any of the duties, assigned to the Chief Electoral Officer by this Act." 6

(1) The followfng new

section is added immediately after

section 6: "6.1(1) The Chfef' Electoral Officer and the Administrator shall, upon their respective appointments, take an oath to perionn thei r duties wi thout partia 1 ity, fear, favour or affection." 7

(1) In subsection 7(1), ·Chief Electoral Officer" is substituted for "Board or the Administrator". 8

(1) In subsection 9(4), "Chief Electoral Officer" is substituted for "Administrator". 9

(1) In subsection 12(1), "the person" is substituted for "him". 10

(1) In subsection 14(2), "the returning officer's electoral district" is substituted for "his electoral district".

(2) In paragraph 14(4)(b), "300· is substituted for ,i two hundred and fifty".

(3) In subsection 14(5), "300· is substituted for "two hundred and fifty". - 92 -

An Act to Amend the Elections Act

Chapter 18 11

(1) The following is ,substituted for subsection 15(1): "15(1) Every election shall be instituted by a writ of election in Form 1, issued by the Commissioner and transmitted to the Chief Electoral Officer." 12

(1) The following new paragraph is added to subsection 18(2): "(a.1) the Chief Electoral Officer and the Administra­ tor;u.

(2) In paragraph 18(2){c), "trial" is struck out. 13

(1) In subsection 20(5), "or receiving care or treatment in a hospital or home for the aged" is struck out.

(2) The following new subsections are added to

section 20: n(9) A person who has his residence outside of Yukon in order to pursue his ordinary occupation with the Government of Yukon and who 1s otherwise qualified as an elector is deemed to be ordinarily resident in Yukon.

(10) A person who has his residence outside of Yukon in order to attend an educational institution who is otherwise ~ua1iffed as an elector is deeme~ to be ordinarf1y resident in Yukon.

(11) The spouse or any dependent of a person mentioned in subsection (9) or (10), if otherwise qualified as an elector, is deemed to be ordinarily resident in Yukon.· 14

(1) In subsections 21(5), (6) and (7), "17th" is substituted for "twenty-ninth" •

(2) In subsection 21(8.1), "those lists" is substituted for "the appropriate list of electors". 15

(1) The following new subsections are substituted for subsection 22( 1. 1): "

(1.1) Where 50 or less electors are known to reside in a poll ing division, only' one enumerator shall be appointed for that polling division. - 93 -

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(1.2) Where only one person is appointed under sub- sect ion (1) or subsect i on (1. 1) to enumera te the . electors In any poll Ing division, the returning offfcer for the polling division shall forthwith report the fact to the Chfef Electoral Officer."

(2) In subsection 22(2), "subsection (1) or (1.1)" is substituted for "subsection (1)".

(3) In paragraph 22(7)(a), "residence address" is substituted for "address".

(4) In paragraph 22(14)(b), "residence address" is substituted for "address".

(5) In subsection 22(16), (a) "13th" is substituted for "twenty-sixth", (b) "residence addresses" is substituted for "addresses", and (c) "he has" is substituted for "they have". (6) l"he following new subsection is added to

section 22: "

(16.1) For the purposes of paragraphs (7)(

a) and (l4)(b) , and subsection (16), "residence address" means the numbers or letters, and the street name, deSignat­ ing the location of a residence, but where there Is no such number, letter or street name, a mailing address may be provided."

(7) In subsection 22(20), "13th" is substituted for "twenty-sixth" .

(8) The follOWing is substituted for subsection 22(23): "

(23) The times and dates endorsed pursuant to sub­ section (22) shall be six o'clock to nine o'clock in the afternoon on the 18th and 19th days after the issuance of the writ." . 16

(1) In subsection 23(2), "sufficient" is substituted for "three" . - 94 -

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(1) In subsection 24(3). "verified by a statutory declaration 1n the prescribed fonn" is substituted for "and by independent 1nqui ry" •

(2) In subsection 24(4), uand by independent inquiry" is struck out.

(3) The following new subsections are added to

section 24: "

(3.1) A person shall not make more than two declarations under this sectton at revision hearings.

(4.2) The returning officer shall. in the prescribed manner. within three days of the close of revision hearings. transmit to each candidate a list of changes and additions to the list of electors." 18

(1) In subsection 25(3) (a) "nine o'clock· is substituted for "five o'clock", (b) "certify as many copies of the revised preliminary list as the returning offi cer may requi re· is substi tuted for Dcertify the revised preliminary list". (

c) Dto each copy of" is added inmediate1y before "the revised preliminary 1istD in paragraph (b). and (d) "lists U is substituted for Ulist U in paragraph (d).

(2) In subsection 25(3.1). °lists· is substituted for ·list P.

(3) In subsection 25(4.1). u1ists of electors and the copies of the" is substituted for Plist of electors and the". 19

(1) In subsection 27(1). the following new paragraph is added: "(b.1) the days on which an advance poll is to be held and the hours between which ballots may be cast;".

(2) In subsection 27(5). Utransmit a copy of the proclamation to the Chief Electoral Officer andD is added immediately after "every returni n9 offi cer shall U . - 95 -

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(1) In subsection 30(1) , "31st" is substituted for "forty-fifth" • 21

(1) In subsection 31(1) , "tenth" is substituted for "twenty-sixth". 22

(1) In subsection 33(2), "21st" is substituted for "sixteenth". 23

(1) In subsection 37 (1 ). "seven days" is substituted for "three days" • 24

(1) In subsection 38( 1). "13th" Is substituted for "twenty-ninth" . 25

(1) In paragraph 40(2)(b), (a) "shall not comprise more than ten polling .divisions unless ,the Chief Electoral Officer has given his prior pennission" is substituted for "shall not comprise more than five polling divisions unless the Board has given its prior pennission", and (b) "comprising more than ten" is substituted for "compri sing more than five". 26

(1) In subsection 41 (1), "by writing" and "executed under hi s handn are struck out.

(2) In subsection 41 (4), "as deputy· returning officer" is substituted for "and in such case the returning officer shall forthwith report the appointment to the Boardn •

(3) In subsection 41 (8), "by writing under his hand" is struck out.

(4) In subsection 41(13), "who shall report it forthwith to the Board" is struck out. 27

(1) In paragraph 43(2)(a), "arranged in the order establ ished pursuant to subsection 31(15)" is stnJck out. - 96 -

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(2) The following new subsection is added to

section 43: "

(2.1) The order of the names on the ballot paper shall be as follows: (

a) the name of the candidate of the political pa rty represented by the Government Leader shall be placed at the top of the ballot paper; (

b) the name of the candidate of the political party represented by the Leader of the Official Opposition at the time of dissolu­ tion of the last Legislative Assembly shall be placed next on the ballot paper; (

c) the names of a 11 other placed next on. the alphabetical order." candidates shall be ba 11 ot paper in 28

(1) The following new

section is added immediately after

section 43: "43.1(1) Every ballot paper for a mail-in poll shall be in Fonn 4A.

(2) All ballot papers for a mail-in poll sha11 be in the same form and as nearly as possible identical, and each ballot paper shall be a printed paper on which shall appear a space for writing the name of one candidate.

(3) The ballot paper shall be printed upon paper of the prescribed dimensions, colour, weight and quality.

(4) The ballot papers sha 11 bea r the name of the printer who shall upon delivering the ballot papers to the Administrator, deliver therewith an affidavit in the prescribed form setting forth the description of the ballot papers so printed by him and the number of ballot papers supplied to the Administrator, and stating that no other ballot papers relating to a mail-in poll for that electoral district have been suppl ied by him to any other person or retained by him.

(5) Upon receipt of ballot papers from the Administrator, the returning officer shall forthwith mail or del iver to the Administrator a receipt in the prescribed fonn for the number of ba1lot papers received." - 97 -

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(1) In paragraph 44( 1)(

f) and subsection 44(2) , "lists" is substituted for list.

(1) In subsection 45(2) • "for each polling division in the electoral district" is substituted for "for his poll ing station".

(2) In subsection 45(3), "to each deputy returning officer, and they shall use the list for the taking of the poll" is substituted for "to the deputy returning officer concerned. and in such case the deputy returning officer shall, for the taking of the poll, use the certified revised preliminary 1 ist of electors as though he had received it from the returning officer". 31

(1) In paragraph 46(2)(e), "or in the absence of agents, two electors to represent each candidate" is stn.lck out.

(2) In subsection 46(3), "or if there be no agent present, one elector, for each candidate a is stn.lck out.

(3) In subse,ction 46(5). "and. in the absern:e of agents, each of the electors representing the candidate" is stn.lck out.

(4) In subsection 46(6), "in preference to, and to the exclusion of, and elector who might otherwise claim the right of representing the candidate" is struck out.

(5) In subsection 46(10), "or agent" is substituted for "agent or elector". 32

(1) In subsection 47(1), "and electors" is struck out.

(2) In subsection 47(3), (a) "or agent" is substituted for "agent or elector", and (b) "or agents" is substituted for "agents or electors". 33

(1) In subsection 48(2), "or electors representing candidates" is stn.lck out.

(2) In subsection 48(10), (a) "certificate" is substituted for "appl ication", and - 98 -

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Chapter 18 34 (1) 35 (1) 36 (1) (b) "an official 1 ist of electors for the electoral district" is substituted for "the official list of electors for the polling station" .. Subsection 49(2) is repealed. In subsection 50(1) , "or an agent of a candidate" is substituted for "an agent of a candidate or any elector present". In paragraph 52(1)(e). DdeputyA is struck out. 37

(1) In subsection 54(4), "or an agent representi ng a candidate D is stnJck out.

(2) In subsection 54(5), "or substituted for Dagents representing candidates". agents of candidates" is of candidates or electors

(3) The following new subsections are substituted for subsec~ions 54(13) to (16): "

(13) The .deputy returning officer, on the application of anyone who is b li nd. unable to read or so physically incapacitated as to be unable to vote in the manner prescribed by this Act, shall (

a) require the elector to take an oath in the prescribed fonn of his incapacity to vote without assistance, (

b) assist the elector in the presence of no other persons by marking his ballot paper in the manner directed by him, and (

c) place the ballot paper in the ballot box.

(14) Where a physically handicapped elector is unable to enter the poll i ng place wi thout undue difficulty and so requests, the deputy returning offi cer may remove the ba 11 ot box, together wi th all unused or spoiled ballot papers in the polling station, the poll book and other documents from the polling place to a place, either within the same building or outside the building but not further than fifty metres from an entrance to the building. - 99 -

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(15) A deputy returni ng offi cer who removes a ba 11 ot box from a polling station as provided in sub­ section (14) shall be aC,companied by the poll clerk and any candidate or candidate's agent may accompany the deputy returning officer.

(16) A deputy returni ng off1 cer who removes a ba 11 ot box from a polling station as provided in subsection (14) shall ensure that the elector may ma rk his ba 11 ot paper wi thout be i ng observed and cast the ballot paper without interference or interruption."

(4) In subsection 54( 17), "subsection (13) U is substi tuted for "subsections (13) to (16)u. 38

(1) The. following is substituted for

section 55: "55(1) Where an elector whose name appears on a list of electors for an electoral district is qualified to vote in the electoral district and has reason to be I i eve that he will be unab I e ,to vote at the elect i on by reason of his absence from Yukon, he may by proxy application in the prescribed fonn, appoint another elector whose name appears on a list of electors for, and who is qualified to vote in, the electoral district to be his proxy voter to vote for him and in his place at the election.

(2) A proxy application shall be consented to in the prescribed form by the elector who is appointed by another elector to be his proxy voter.

(3) Any elector who h,as signed a proxy app 1 i ca t1 on pursuant to subsection (1) or any proxy voter named in such application may apply in person for a proxy certificate (

a) at any time prior to poll fng day, to the returni ng officer, or (

b) at a revision hearing, to be the revising officer.

(4) A returning officer shall 1ssue a proxy certiff­ ficate in the prescribed form where (

a) he receives a completed proxy application and consent in the prescribed form prior to polling day, and - 100 -

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b) he is satisfied that (

i) the elector is entitled to appoint a proxy voter under subsection (1), and (i1) the names of the elector and the proxy voter both appear on a list of electors for the electoral district in which the elector is qualified to vote.

(5) A revising officer shall issue a proxy certificate in the prescribed form where (

a) he receives a completed proxy application and consent in the prescribed form at a revision hearing, and (

b) he is satisfied as to the matters referred to in clauses 4(b)(

i) and (ii).

(6) Upon the completion of a proxy certificate pursuant to subsection (4) or (5) the returning officer or revising officer shall (

a) deliver the original copy of the certificate to the elector or proxy voter who has applied to him, (

b) transmi t a copy of the proxy certi fi cate to the deputy returning officer for the polling division in ~hich the elector is qualified to vote, and (

c) retain a copy of the certificate together with the application.

(7) Where a proxy certificate has been issued for an elector, he may withdraw the certificate by mailing or del ivering a statement in the prescribed form to the returning officer for his electoral district or the deputy returning officer for his polling division, but the wi thdrawa 1 is of no effect if the proxy has been exercised.

(8) Where a returning officer receives a withdrawal of proxy he sha 11 : (

a) transmit one copy to the elector, (

b) transmit one copy to each of the deputy returning officers for the polling division in which the elector is qualified to vote, and (

c) retain one copy.

(9) Where a deputy returning officer receives a withdrawal of proxy, he shall give one copy to the elector and retain one copy. - 101 -

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(10) Notwithstanding subsection 49(5), but subject to the other provisions of this Act, a proxy voter is entitled ,to vote at the election for and in the place of the elector who appointed him where the elector has not voted and'the proxy voter (

a) delivers to the deputy returning officer of the poll ing division in which the elector who appointed him to be his proxy voter is qual ified to vote, a proxy certificate under this section, and (

b) verifies by statutory declaration made before the deputy returning officer that he has not already voted in the election as a proxy voter, and that, to the best of his knowledge the elector who appointed him 1s absent from Yukon.

(11) Where a proxy voter is a.11owed to vote at an election as provided under subsection (10); (

a) the poll clerk shall enter in the poll book oppOSite the elector's name, in addition to any other required entry, the fact that the elector voted by proxy, together wi th the name of the proxy voter~ and (

b) the deputy, returning off1cer shall retain the proxy certificate and, in accordance with

section 59. I, transmit it to the returning officer.

(12) An elector who has been appoi nted, in accordance wi th this section, to be a proxy voter at an election, and who 'votes as a proxy voter at the election, is, notwithstanding subsection 49(5), but subject to any other provision of this Act,entitled to vote in his own right at the election.

(13) Every person commits an offence who; at an election, (

a) appoints more than one proxy voter, (

b) being ineligible to vote by, proxy, fradulently appoints a proxy voter, (

c) having appointed a proxy voter and not having 'withdrawn the appOintment in accordance with this section, himself votes, (

d) applies to vote as a proxy'voter for more than one elector, or (

e) except in accordance wi th thi s secti on, makes a proxy application or votes as a proxy at an electi-on." - 102 -

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Chapter 18 39

(1) The following heading is added immediately after

section 55: "Advance Polls".

(2) The following is substituted for

section 55.1: nSS.l(

l) For the purpose of polling the vote of an elector or a proxy voter who has reason to believe that he will be absent" from the polling division on polling day, or an elector who is physically incapacitated, the Chief Electoral Officer shall direct the returning officer to establish an advance poll in a polling place either within the electoral district or in another electoral district.

(2) The Chief Electoral ~fficer may direct that one or more advance polling stations be established for an electoral district.

(3) Advance polls shall be the 23rd and 24th days after the issue of the writ between the hours of two and eight o'clock in the afternoon.

(4) Except as otherwise provided herein, an advance poll shall be conducted in the same manner as is provided for in this Act for the conduct of a poll and counting of the ballots on the polling day of an election.

(5) Every returning officer shall, in the prescribed form, appoint a deputy returning officer for one or more polling stations, who shall take an oath in the prescribed form.

(6) The returning officer shall furnish to the deputy returning officer of an advance poll, (

a) for each polling division in the electoral district a copy of the certified revised preliminary list of electors marked "ADVANCE POLL", and (

b) for each polling division for which the deputy returning officer is responsible, copies of issued proxy certificates.

(7) At an advance poll each elector shall declare his name and address, whereupon the po 11 cl erk sha 11 ascertain if the name of the elector appears on the list of electors for that polling division. - 103 -

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(8) Where it has been ascertained that an applicant elector is qualfffed to vote or to exercise a proxy, (

a) his name and address shall be entered fn the po 11 book in the prescribed form to be kept by the poll clerk, a consecutfve number being prefixed to the elector's name in the appropriate column of the poll book, (

b) he shall take an oath or affinnatfon in the 'prescribed fonn, and Cc) subject to

section 50, he shall be allowed to vote.

(9) The poll clerk shall enter fn the poll book 0pposfte the name of each elector, as soon as the elector's ballot paper has been deposfted in the ballot box, the words a VOTED" and uADVANCE POll".

(10) At the close of the advance poll each day the deputy returning officer shall (

a) affix a seal in the prescribed form across the slit in the ballot box? (

b) place the poll book, the oaths of electors in the envelope provided for that purpose, the 'unused ballot papers and stubs fn the envelope provfded for that purpose, the spof 1 ed ba 11 ot papers, f f any, in the envelope provided for that purpose and the other electfon materfals into a document envelope provided for that purpose and seal ft in the prescrfbed fonn, and (

c) prevent any person from having unlawful access to the ballot box and other election materials.

(11) At the close of the advance poll the deputy returning officer shall Ca) count the number of electors whose names appear in the poll book as having voted, and make an entry thereof on the line immedfately below the name of the elector who voted last, thus: "The number of electors who voted at this election in this polling station is (stating the number), and sign his name thereto, - 104 -

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b) prepare in the prescribed fonn a 1 ist of all electors who voted at the advance poll fncluding the name, address, number on the official lfst of electors and polling division number of each elector, and (

c) transmit ft to the returning officer for the electoral district.

(12) Upon recefving the list of electors referred to in paragraph (ll)(

b) of an advance poll, the return­ ing officer shall (

a) draw a line through the name of each advance elector on the list of electors to be used on polling day and enter the words nADVANCE POLLu , and (

b) transmit to each candidate, not later than three days prior to polling day, a copy of the list of electors who voted at the advance poll.

(13) Immediately after the close of the poll on polling day, the deputy returning officer and the poll clerk shall, and one witness for each candidate may, attend at thJ! r~turning office or the place to whf ch they may be di rected by the returni ng officer and count the ballots pursuant to

section 59.n 40 (1 ) The fo 11 owi ng new headf ngs and sect ions a re added immediately after

section 55.1: Rlnst1tution Polls 55.2

(1) For the purpose of a general election or a by-election, where a person is a resident in a nursing or retirement home and is qualified as an elector, he shall vote in the electoral dfstrict in whfch the home is located.

(2) The returnfng offfcer of an electoral district containing any nursing or retirement home shall determine the need for an institution poll to be held fn the home. - 105 -

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(3) The returning officer for the electoral district in which a·nursing or retirement home is situated shall appoint in the prescribed form, for each institution poll under this section, one enumerator, who shall take an oath in the prescribed form.

(4) Enumeration for an institution poll under this

section shall be conducted in the same manner as provided elsewhere in this Act for the conduct of enumeration. (5) lnunediately after the preliminary lists of electors have been reproduced for an institution poll under this section, and not later than the 17th day after the fssue of the writ, the returning officer shall (

a) deliver or mail three copies of the list to each candidate, (

b) post one copy of the lfst in the nursing or retirement home, and (

c) deliver or mail one copy of the lfst to the Chief,Electoral Officer.

(6) The returning officer for the electoral district fn which an ·institution poll under this

section fs to be held shall appoint fn the prescribed form a deputy returning officer for the polling station, who shall take an oath in the prescribed form.

(7) Polling at an institution poll under this

section shall be between ten o'clock fn the forenoon and four o'clock in the afternoon on polling day.

(8) Polling at an institution poll under this

section shall be conducted in a· polling station located in the nursing or retirement home.

(9) Except as otherwise provided in thfs section, polling at an institution poll under this

section shall be conducted in the same manner as provided elsewhere in th is Act for the conduct of a po 11 and counting of the ballots on the polling day of an election.

(10) The deputy. returnlng officer shall prevent any person from having unlawful access to the ballot box and any other election materials at an institution poll under this section. - 106 -

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(11) Irmnediately after eight o'clock in the afternoon on poll i ng day, the deputy returni ng offi cer and the poll clerk shall, and one witness for each candi date may, attend at the returni ng offi ce or the pl ace to whi ch they may be di rected by the returni ng offi cer and count the ballots for each candidate in the electoral district. 55.3

(1) A person who is qualified to vote in an electoral district is entitled to be enumerated to vote by mail-in ballot in that district where, at the time of enumeration, (

a) he is in a hospit.l in Yukon to which he has been admitted as a patient, or (

b) he is in a corrections centre in Yukon where he is being held on remand.

(2) The returning officer for an electoral district in which a hospital or corrections centre is situated sha 11 appoint in the prescribed form one enumerator for each such institution, who shall take an oath in the prescribed form.

(3) Where a person is enumera.ted under subsection (1), (

a) he shall advise the enumerator if he knows he has been enumerated to vote at a polling station, (

b) he shall not vote by· proxy, and (

c) he sha 11 not vote as a proxy voter for any other person.

(4) Where a person referred to in subsection (1) chooses not to be enumerated to vote by ma i 1-in ballot, (

a) the enumerator shall advise him of the date, time and place of revision hearings in his electoral district, and (

b) this

section does not affect his entitlement to vote in person, to vote by proxy, or to vote as a proxy voter for another person.

(5) Except as otherwise provided in this section. enumeration under this

section shall be conducted in the same manner as provided elsewhere in this Act for the conduct of enumeration. - 107 -

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(6) For each hospital or corrections centre, one list of electors for each electoral district for which electors have been enumerated shall be prepared in alphabetical order of surnames, showing (

a) the numiler or letters and street name designating the location of the residence of each elector in his electoral district, or (

b) where there is no such number, letter or street name, the mailing address of the elector.

(7) Immediately after the preliminary lists of electors enumerated under subsection (1) have been reproduced, and not later than the 17th day after the issue of the writ, the returning officer shall '(

a) delfver or mail one copy of the list to each relevant candidate, (

b) post one copy ·of the lfst in the hospftal or corrections centre, and (

c) de 11 ver or ma f1 one copy of the 11 st to the Chfef Electoral Officer.

(8) The returnfng officer of an electoral dfstrict containing a hospital or correction~ centre shal" not later than nine days prior to polling day, mail or cause to be del1vered to each elector enumerated under subsection (1) a mail-in ballot paper initialled by the returning officer and enve lopes in the prescri bed forms, and instructions for marking the mail-in ballot paper.

(9) Where the returning officer is not satisfied as to the Identity of an elector enumerated under subsection (1), upon receipt of the elector's ballot paper, he shall retain the certificate envelope unopened and mark it "NOT IDENTIFIED-, and the envelope shall be placed in a spoiled ballot paper envelope.

(10) Immediately after the close of the pol" the returning officer shall (

a) place all the rejected ballots in separate special envelopes for any electoral district, and seal each envelope in the prescribed form, and - 108 -

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b) place all the ballots counted for candidates in the same electoral district in a special envelope for each electoral district, i ndi cate thereon the number of ballots for each candi date, and sea I each of the envelopes in the prescribed form.

(11) The returning officer shall make the necessary number of copies of the statement of the poll in the prescribed form as follows: (

a) one copy for each electoral district, which shall remain fn the poll booki (

b) one copy for the returnfng officer of each electoral district sealed in the prescribed form in the special envelope provided for that purpose, which shall be immediately delivered or mailed to the returning officer of each electoral districti (

c) one- copy for each candidate in each electoral district, which shall be mafled in a special envelope provided for that purposei and (

d) one copy for each electoral district for the returning officer of the electoral district fn which the hospital or corrections centre is located.

(12) Except as otherwise provided in this section, the polling of electors in a hospital or corrections centre shall be done in the same manner as provided in

section 55.4 for the conduct of mail-in polls.

(13) This

section applies only during the conduct of a general election and does not apply during any by-election. Mail-in Polls 55.4

(1) Where in an electoral district after enumeration it is found by the returning officer that 15 or less electors are resident in a polling division, the returning officer may direct the electors to vote by a mail-in poll. - 109 -

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(2) The returning officer shall. not later than nine days pri or to po 11 i ng day. ma i 1 or cause to be delivered to each qualified elector in the pol11ng division (

a) a ballot paper in the prescribed fonn pursuant to

section 43.1. which has been initialled by the returning off1cer. (

b) a ballot paper envelope in the prescr1 bed fonn for the marked ballot paper. (

c) a certificate 'envelope in the prescribed fonn. (

d) an outer envelope in the prescribed fonn for transmission to the returning officer. (

e) a list of the cand1dates and the name of the registered po11tical party endorsing each candidate or the word "Independent-. and (

f) instructions for marking the mail-in ballot paper.

(3) The returning officer shall draw a line through the name of the elector on the preliminary list of electors and enter opposite the elector's name the words "MAIL-IN BALLOT".

(4) The returning officer shall keep a record' in a separate poll book in the prescribed fonn of the name of each elector to whom he has mailed or delivered a mail-in ballot paper.

(5) Where a rev i sing offi cer removes a name from the list of electors for a polling division designated under subsection (1), he shall immediately advise the returning offfcer, who shall, (

a) draw a I i ne through the name of the elector in the poll book prescribed under subsection (4), and (

b) enter oppos i te the elector's name "NAME REMOVEDn and in1tial the entry.

(6) Where a revising officer enters a name on the list of electors for a polling division designated under subsection (1), he shall immediately advise the returning officer, who shall mail or cause to be delivered a mail-in ballot to that elector. - 110 -

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(7) An elector to whom a ballot paper has been mailed or delivered under this

section shall, in order to vote, (

a) mark the ballot paper, and (

b) deliver, cause to be delivered or mail the outer envelope conta i ni ng the ba 11 ot paper, the ballot paper envelope and the certificate envelope to the returning officer.

(8) A ballot paper under this

section not in fact received by the returning officer by the close of polls on polling day shall not be counted.

(9) Upon receipt of a mail-in ballot paper, the returning officer shall remove the certificate envelope from the outer envelope and (

a) if fully satisfied as to the identity of the elector whose ballot paper is enclosed he shall (

i) place the certificate envelope in a ballot box kept by him for that purpose, and (11) make a note in the poll bookoppos 1 te the name of the elector that the mail-in ballot paper has been retu'rned, or (

b) if he is not satisfied as to the identity of the elector he shall retain the certificate envelope unopened, mark it DNOT IDENTIFIEDD , and place the envelope unopened in the envelope for spoiled ballot papers.

(10) Immediately after the close of the poll the returning officer shall (

a) proceed pursuant to paragraphs 59(1 )(

a) to (c), (

b) open the ballot box and remove the certificate envelopes, (

c) open the certificate envelopes, remove the ballot envelopes and place the certificate envelopes in the special envelope provided for that purpose, (

d) ensuring that any elector's identity shall not be recognized, open the ballot envelopes and remove the ballots, (

e) count the ballots pursuant to

section 59, otherwise following procedures required for an ordinary poll. - 111 -

An Act to Amend the Elections Act

Chapter 18

(11) In the event of a communications disruption during an election the returning officer shall (

a) direct· that polling stations and ordinary polling procedures be used, (

b) cancel all mail-in ballots, and (

c) publish the location of the polling place for the polling division.

(12) Where an envelope referred to in paragraph (7){

b) is received by a returning officer after the close of polls on poll i ng day, he shall transmit it, unopened, to the Chief Electoral Officer, who shall destroy it without opening it.n 41

(1) In subsection 56(4), "enable the employee to vote at an advance polln is substituted for nenable the employee to appoint a proxy voter". 42

(1) The following is substituted for subsection 58(4): "

(4) No person shall use, wear, or display any flag, ribbon, label, poster, or badge in a polling station or within 100 metres of a polling station on polling day, if the item appears to support any candidate or the political or other opinions entertained or supposed to be entertained by a candidate. D 43

(1) In paragraph 59(15){d), "or the electors present representing the candidates" is struck out. 44

(1) In paragraph 59.1(1)(c), Dcertificates" is substituted for napplications n.

(2) Paragraph 59.1(l)(

d) is repealed. 45

(1) In subsection 60(1), "or agent" is substituted for "agent, or elector representing a candidate in the absence of an agent". 46

(1) In subsection 61(1), (

a) nand each unopened envelope containing the statement of the poll for a hospital or corrections centre" is added immediately after "receipt of each ballot box", and (

b) Utheiru is substituted for "its" in paragraph (a). - 112 -

An Act to Amend the Elections Act

Chapter 18

(2) The following is substituted for subsection 61(2): "( 2) After a 11 the ballot boxes and each envelope containing the statement of the poll for a hospital or corrections centre have been received, the returning officer shall, at ten o'clock in the forenoon, at the place and day fixed in the proclamation issued by him pursuant to

section 27 for the official addition and in the presence of such of the candidates or their official agents as attend the proceedings, open the ballot boxes and each.envelope containing the statement of the poll for a hospi ta 1 or corre.ctions centre and, from statements of the poll contained in the ballot boxes and each envelope. officially add up the number of ballots cast for each candidate and the number of rejected ballots." 47

(1) The following new subsection is added to

section 64: "

(5.1) The judge to whom an appl ication for a recount is made shall issue a summons directing a returning officer of an electoral district in which ballots ·were cast under

section 55.3 for any candidate in the electoral district for which a recount is to take place to attend at the time and place appointed pursuant to subsection (3) with the envelopes containing all the ballot papers and ballots for that electoral district."

(2) In subsection 64(6), "or (5.1)" is added inunediately after "subsection (5)u.

(3) In subsection 64(7), "but where any candidate is not present or represented at a recount held pursuant to this section, any three electors who may demand to attend in his behalf are entitled to attend," is struck out. 48

(1) In paragraph 65(2)(h), U proxy certificates U is substituted for U proxy applications u. - 113 -

An Act to Amend the Elections Act

Chapter 18

(2) The following is substituted for subsection 65(7): "( 7) The Chief El ectora 1 Off; cer, on receiving the return to the writ for any member elected to serve in the Legislative Assembly, shall advise the Commissioner of the return to the writ forthwith and immediately publish, in the prescribed manner, the name of t,he candidate so elected. n 49

(1) In subsection 67(3), "the Chief Electoral Officer" is sub­ stituted for a "member of the Board".

(2) In subsection 67(8), "at the prescribed rate" is substituted for nat the rate of twenty cents per page". 50

(1) The following new subsection 'is added to

section 72: n(l.l) Subsection (1) does not apply to any day on . which an advance poll is held." 51

(1) The following is substituted for

section 74: "74( 1 ) Every printed adverti sement, poster 01' banner having reference to an election shall include the name and address of its sponsor. (2) Subsection (1) does not apply to any printed advertisement, poster or banner bearing only' one 01' more of the following: (

a) the colours or logo of a registered political party, (

b) the name of a registered polftical party, or (

c) the name of a candidate." 52

(1) In subsectf on 79( 1), "The Chief Electora 1 Offi cer or any person nomi nated by him" 1 s substituted for "the Board or any person nominated by itn. 53

(1) In paragraph 90(1)(c), npolice officers or" Is struck out. 54

(1) The following new paragraph is added immediately after the third paragraph of Form 2: "And in case a poll is demanded and granted in the manner by law prescribed, an advance poll will be held on the__ and __ days of 19_, between the hours of two and ei ght 0 I clock in the afternoon." - 114 -

An Act to Amend the Elections Act

Chapter 18

(2) In Form 2 "during the hours from six o'clock to nine o'clock in the afternoon of Tuesday and Wednesday the __ and __ days of ___ , 19_" is substituted for "during the hours from seven o'clock to nine o'clock in the afternoon of Wednesday. the __ day of , 19_, (inclusive) and from one o'clock to five o'clock in the afternoon on Saturday, the __ day of 19_ 55

(1) The following is substituted for the reverse of Form 4: 11 ----------------------------------- Logo Printed by Initials of ORa Electoral District of Yukon Date Returning Officer • 115 • 11

An Act to Amend the Elections Act

Chapter 18 56 (

I) The following is Form 4A for the purposes of

section 43.1: 11 FRONT REVERSE -----------------------------~---- DO Initials of DRO Logo Electoral District of Yukon Da~e Returning Officer - 116 - i n

STATUTES OF THE YUKON TERRITORY 1983,

Chapter 19 FINANCIAL ADMINISTRATION ACT (Assented to November J, 1983) The Commissioner of the Yukon Territory, by and with the advice and consent of the legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Financial Administration Act.

Interpretation 2

(1) In this Act, "Appropriatton Act" means

an Act, entitled as an Appropria­ tion Act, authorizing payments to be made from the Consoli­ dated Revenue Fund in respect only of a ftscal year specified in the Act. and only for the purposes specified 1n the Act; nConsolidated Revenue Fund D means the Yukon Consolidated Revenue Fund established by the Yukon Act; "contract" means any agreement or ilnd~rtaking providing for the expendi ture of public money 1 n exchange for goods or services, and includes purchase orders, service contracts, construction contracts, employment contracts, and any agreement or undertaking providing for the payment of money by the government; "court D means the Court of Appeal, the Supreme Court of the Yukon Territory, the Territorial Court or the Justice of the Peace Court; "department" means any department or agency of the government and includes any corporation, board, commission or committee established under any Act; - 117 -

Financial Administration Act

Chapter 19 "Deputy Head" means a person who is a Deputy Head within the meaning of the Public Service Commission Act; "fiscal year" means the fiscal year of the government under subsect i on (2); "fund" means a fund within the Consot;dated Revenue Fund, and includes a trust fund, special fund, revolving fund, pens i on fund, sink i ng fund, or any other fund ca 11 ed by any other name; "government" means the Government of Yukon and includes every department of the government; "Management Board" means the Management Board established by this Act; "money in court" means money paid to or held by a court or its regi stry othenfi se than as payment of a fee or as payment of a fine, costs or other penalty imposed in respect of an offence under

an Act of ParI iament or the Legislature, or a by-law of a municipality, and includes such money paid to the Treasurer or held in a trust fund; "negotiable instrument" includes any cheque. draft. trave 11 er's cheque. bi 11 of exchange. posta I note, money order, postal remittance or other sfmilar instrument; "publ ic money" means all money and negotiable instruments received, held or collected by, for or on behalf of the government, and fncludes (

a) revenues of the government including interest on investments. (

b) money in funds designated as special funds under this Act or by the CommiSSioner in Executive Council, (

c) money borrowed by the government or received through the issue and sale of securities. (

d) money in sinking funds, (

e) money paid to or held by a court or fts registry as payment of a fee or as payment of a fine, costs or other pena I ty imposed in respect of an offence under

an Act of Parliament or the Legislature, or a by-law of a municipality, (

f) money in revolving funds, and (

g) money in trust funds; - lIB -

Financial Administration Act

Chapter 19 "publiC officer" means a person who is an employee, casual employee or part-time employee within the meaning of the Publ ic Service Commission Act, and includes a person who is a Member of the Executive Council, a teacher within the meaning of the School Act or an employee under a contract; "public property" means all property, other than public money, belonging to the government; usecurities" means bonds, debentures, deposit certificates, promissory notes, treasury bills or other evidences of indebtedness, shares and stocks, and includes any documents commonly known as securities; UTreasurer" means the Deputy Head of the Department of Finance; "trust fund" means a fund established for trust money under

section 12 or by any other Act; "trust money" means (

a) money held in trust by the government or" a pub 1 i c officer, (

b) money in penSion funds maintained by the government, (

c) money paid to the government as a deposit to ensure the dOing of any act or thing, (

d) money in court, and (

e) money that is paid to the government or a public officer under an agreement or other undertaking, or by way of a gi ft or bequest, and that is to be pa i d to another person specified in the agreement or undertaki ng or by the donor of the gi ft or bequest, except money received as reimbursement for or as as contribution or grant towards expenditures made or to be made by the government; "voteU means that part of an Appropriation Act identified as a vote and authori zi ng the payment of a spec1 fi ed amount from the Consolidated Revenue Fund for specified purposes.

(2) The fiscal year of the government shall be the period from April 1 in one year to March 31 in the next year, inclusive. - 119 -

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Chapter 19

(3) The headings in this Act. other than the headings identifying the Parts into which this Act is divided, fonn no part of this Act and have been inserted for convenience of reference only. APPLICATION 3

(1) If there is a conflict between this Act and any other Act of the Legislature enacted before or after this

section comes into force, this Act prevafls unless the other Act-contains an express provision that it. or the relevant provision of it, applies notwithstanding the Financial Administration Act.

(2) This Act does not affect the jurisdiction of a court to make an order appointing a person other than a judge or public officer as a trustee. and money held by such a trustee pursuant to an order /If a court is not "trust money" for the purposes of this Act.

PART 1 ORGANIZATION Management Board 4

(1) There shall be a cormnittee of the Executive Council called the Management Board which shall consist of the Executive Council Member as chainnan and two other members of the Executive Council appointed by the Commissioner in Executive Council. (2) (3) S (1) The Treasurer shall be -the secretary of the Management Board. Subject to this Act and the direction of the Executive Council, the Management Board may detenni ne its rules and methods of procedure. The Management Board shall act as a cormnittee of the Executive Council in matters relating to (

a) accounting pol icies and practices of the government. including the fonn and content of the Public Accounts, (

b) government management practices and systems, - 120 -

Financial Administration Act

Chapter 19 (

c) government financial management and control of revenue, disbursements and assets, (

d) evaluation of government programs as to economy, efficiency and effectiveness, (

e) the management, control and direction of the public ser"Yice, including organization and staff establishments, (

f) internal audit, and (

g) other matters referred to it by the Executive Council.

(2) The estimates of revenue and expenditure for the government for each fiscal year shall be prepared in a form di rected by the Management Board for presentation to the Legislative Assembly by the Executive Council Member.

(3) The Management Board may, for the performance of its powers and duties under this or any other Act, issue direct ives • Department of Finance 6 (

l) There sha 11 be a department of the government called the Department of Finance.

(2) The Executive Council Member shall preside over the Department of Finance and be responsible to the COIIII1issioner in Executive Council for its direction.

(3) The Commissioner in Executive Council may authorize a seal for the department which shall be known as the Seal of the Department of Finance.

(4) The Seal of the Department of Finance may be reproduced on securities issued by the government by engraving, lithographing, printing or any other method of reproduction, and when reproduced on them has the same effect as the Seal of Yukon. - 121 -

Financial Administration Act

Chapter 19 Executive Council Member 7

(1) The Executive Council Member is responsible for - (

a) the management and administration of the Consolidated Revenue Fund, (

b) the supervision of the revenues and expenditures of the government, (

c) all matters relating to the fiscal policy of the government, and (

d) the direction of the financial affairs of the govern­ ment that are not assigned by this or any other Act to the Corrmissioner in Executive Council, the Management Board or any other person.

(2) Each Member of the Executive Council is responsible for the manag~nt of the ~fnancial affairs of his department under the general direction of the Executive Council Member and the Management Board. Treasurer 8

(1) Subject to the direction of -the Executive Council Member, the Treasurer shall (

a) ensure the proper collection, receipt, recording and disposition of publ ic money and ensure that proper authority exists for disbursements of public money, (

b) establish the method by which the' accounts of the government are to be kept and the method by which any pub I i c officer or other person shall account for public money which comes into his hands, (

c) maintain the accounts of the government, (

d) evaluate accounting and fi nancia 1 management systems throughout the government and recornnend improvements he considers necessary to the Executive Council Member, (

e) prepar.e any financial statements and reports required by the Executive Council Member, and (

f) perfonn other duties given to him by the Executive Council Member and any other Act. - 122 -

Financial Administration Act

Chapter 19

(2) Notwithstanding any other Act, the Treasurer shall at all times have access to all departments and to their records and may (

a) require from any public officer infonnation and explanations necessary for the performance of the duties of the Treasurer, and Cb) on the direction of the Management Board, require from any person who receives or is responsible for public money such information and explanations as may be necessary to enable the Treasurer to detennine whether money paid from the Consolidated Revenue Fund has been or is being (

i) applied for the purpose for which it was authorized to be paid and applied. and (ii) paid or dealt with in accordance with this or any other Act.

(3) Every person who receives information under subsection (2) from a person whose right to disclose that information is restricted by law. holds that infonnation under the same restrictions respecting disclosure as govern the person from whom the information is obtained. Pub 1 i c Accounts 9

(1) A report. called the Public Accounts. shall be prepared by the Treasurer for each fiscal year.

(2) On or before October 31 in each year. the Executive Council Member shall lay the Public Accounts for the immediately preceding fiscal year before the Legislative Assembly or distribute them to the members of the Assembly.

(3) Where the Public Accounts are distributed to the members of the Legislative Assembly under subsection (2) on or before October 31 in any year. they shall be laid before the Legislative Assembly with 15 days thereafter. if the Assembly is sitting or. if not, within 15 days after the commencement of the next sitting. - 123 -

Financial- Administration Act

Chapter 19

(4) The Publ ic Accounts for each fiscal year shall be prepared by the Treasurer in accordance with the government's accounting policies as established by the Management Board, and shall contain (

a) statements of assets and liabilities showing the government's financial position at the end of the fisca year, (

b) statements of the revenues and expenditures of the government showing the results of operations for the fiscal,Year, (

c) statements of changes in the financial position of the government for the ffscal year, (

d) statements of payments made from the Consolidated Revenue Fund, under sections 20 and 59, and paragraph 35(l)(c) , (

e) The Auditor General's report on his examination of the government's accounts and financial transactions, and (

f) such other information as may be necessary to show the financial position of the government respecting the fiscal year . .

(5) In the Publ i c Accounts, no money except money received or receivable for a fiscal year or a previous fiscal year shall be included in the annual revenues of a fiscal year. Internal Audit 10

(1) The Commissioner in Executive Council shall appOint a person to be the Internal Auditor.

(2) The Internal Auditor has the authority to audit (

a) public money, trust money and public property that are the responsibility of any department or public officer, (

b) the accounts and financial transactions of any de'partment, (

c) securities belonging to the government, (

d) systems of financial management, control and reporting in the government, (

e) the organization, management and operations of any department, and . - 124 -

Financial Administration Act

Chapter 19 (

f) the compliance of any department with legislation and the directives of the Management Board.

(3) The Internal Auditor shall report to the Management Board in such manner and at such times as the Management Board directs.

PART 11 REVENUE Public Money 11

(1) Every person who collects or receives public money shall payor give all public money coming into his hands to the Treasurer or deposit it to the credit Revenue Fund in a bank account Commissioner in Executive C~uncil. of the Consol idated authorized by the

(2) The Treasurer shall deposit all public money he receives to the credit of the Consolidated Revenue Fund.

(3) Every person who co 11 ects or recei ves pub 1i c money sha 11 keep a record thereof in such form and manner as the Trea­ surer directs.

(4) The Commissioner in Executive Council may make regulations establishing (

a) rates for the payment of fees or commissions to persons collecting. managing or accounting for public money as remuneration for all services performed. and (

b) the methods by which fees or commissions may be paid. - 125 -

Financial Administration Act

Chapter 19 Trust Money 12

(1) Trust money shall be paid into and shall be maintained in trust funds established by the Treasurer wi thin the Consolidated Revenue Fund."

(2) Where money in court is paid or received for payment into a truSt fund under subsection (1), a receipt shall be issued setting out the amount received and the cause or matter in respect of which it is received.

(3) A receipt purporting to be fssued fn compliance with subsection (2) and purporting to be signed by or on behalf of the Treasurer is (

a) evidence of the facts stated in it without proof of the appointment, authority or signature of the person Signing it, and (

b) binding on the government.

(4) Where trust money under subsection (1) consists of money in court, (

a) the Treasurer shall, as soon as practicable after the receipt of the request of a judge of the' appropriate court. make a statement as to the amount of money paid into a trust fund fn respect of the cause or matter for whi ch the request f s made, together wi th any f ncome attributable to the money under paragraph 40(9)(c), and (

b) subject to subsection 19(3), the Treasurer is not otherwise subject to the supervision or direction of a court respecting the money. Collection and Deposit of Money 13

(1) No person shall open or close a bank account for the receipt, deposit or transfer of public money or trust money except as authorized by the Commissioner in Executive Council .

(2) The Conmissioner in Executive Council may make regulations respecting the collection, receipt or deposit of public money or trust money. -126 -

Financial Administration Act

Chapter 19 Refunds 14 (

l) Money that is received by the government under a mistake as to the entitlement of the government to receive or collect it, and money that is received by the government for any purpose that is not fulfilled shall be refunded from the Consolidated Revenue Fund in part or in full as circumstances require.

(2) The Management Board may by directive authorize specified persons to make refunds under subsection (1). Write-off of Uncollectable Debts 15

(1) The Management Board may by directive (

a) write off all or part of a debt or an obligation that 1t considers to be unrealizable or uncollectable, and Cb) authorize specified persons to write off all or part of a debt or obligation that 1s due and owing to the government and that the authorized person considers to be uncollectable.

(2) The write-off of all or part of a debt or obligation under this

section does not extinguish the right of the government to collect the debt or obligation written off.

(3) This

section does not apply to a forfeiture, fine, pecuniary penalty, tax, royalty, fee or other sum imposed or authorized to be imposed by any Act.

(4) Every account wri tten off sha 11 be reported in the Pub li c Accounts for the fiscal year in which the account is written off. - 127 -

Financial Administration Act

Chapter 19 Remissions 16

(1) Where the Commissioner in Executive Council considers it In the public interest to do so in a case or class of cases where great public inconvenience, great injustice, or great hardship to a person has occurred or is likely to occur, he may authorize the remission of (

a) any tax, royalty, fee or other sum that is paid or payable to the government and that Is imposed or authorized to be imposed by any Act, or (

b) any forfeiture, fine or pecuniary penalty imposed or authorized to be imposed by any Act.

(2) A remission authorized under subsection (1) may be total or partial, conditional or unconditional.

(3) A remission of an item referred to In paragraph (1 Ha) may be granted before, during or after any proceeding for the recovery of the money, and el ther before or after any pa~nt of ft has been made or has been enforced by process or execution.

(4) Where a condition of a remission authorized under subsection (1) is not performed, the authorization of the remission has no effect and all proceedings may be taken as if the remission had not been authorized.

(5) No tax on any goods shall be remitted by reason only that after the payment of the tax the goods were lost or destroyed.

(6) Money required to be paid by the government under this

section may be paid from the Consolidated Revenue Fund.

(7) Where an amount of not more than one do 11 a r f s owed to the government, the debtor is entitled to a remission under this section.

(8) Every remission, other than under subsection (7), shall be reported in the Publfc Accounts for the fiscal year in which the remission is made. - 128 -

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Chapter 19

(9) Subject to the regulations, no provision of any other Act authorized a remission of public money. Interest on Overdue Accounts 17

(1) The Conmissioner in Executive Council may make regulations requiring persons who owe or are liable to pay money to the government to pay interest on the money at a rate prescribed in the regulations.

(2) A rate prescribed under subsection (1) may be general or specific, and the interest is recoverable as a debt due to the government.

(3) Regulations made under this

section do not apply where another Act requires or authorizes the imposition of inter­ est on money owed to the government.

PART III EXPENDITURE Statutory Authority 18

(1) No payment shall be made at any time from the Consol idated Revenue Fund for any purpose unless a provision of this or another Act authori zes the payment to be made for that purpose at that time.

(2) A vote does not authorize any payment to be made (

a) in excess of the amount specified in the vote, (

b) for any purpose not within the general purposes of the vote, or (

c) except as provided by sections 26 and 38, after the end of the fiscal year to which the vote applies. - 129 -

Ffnancial Administration Act

Chapter 19 19 (1) (2 ) Trust Funds Subject to any other Act, money may be paid from a trust fund if the paymenti s made in accordance with both (

a) the provisions of this Act, and (

b) the provisions of the Act, trust, instrument or other authority under which the money is held in trust. Notwithstanding subsection (I) , money received by the government as a deposit to ensure· the doing of anything shall be held or disposed of in accordance with the contract or agreement pursuant to whi ch the depos f t is he Id, but f f there is no contract or agreement, or if the contract or agreement contains no provision or fnsufficient provision for the disposftion of the deposit, it shall be disposed of in accordance with. this Act and the directives of the Management Board.

(3) Where money in a trust fund consists of money in Court, the Treasurer shall, as soon as practicable after receipt of an order of the appropriate court, (

a) in accordance with the order, pay money from the fund or income attributable to the money under paragra'ph 40(9)(c), and (

b) if insufficient money has been received to enable compliance with the· order, advise the court accordingly. Special Warrants 20

(1) Money may be paid from the Consolidated Revenue Fund under the authority of a special warrant under this section.

(2) The Commissioner in Executive Council may order a special warrant to be prepared for the signature of the Commissioner where (

a) a report is received from the Management Board that no provision of

an Act authorizes a payment from the Consol idated Revenue Fund that is urgently and immediately required for the public good, and - 130 -

Financial Administration Act

Chapter 19 (

b) the Legislative Assembly is dissolved, prorogued, adjourned indefinitely, or adjourned with more than seven days remaining in its period of adjournment.

(3) A special warrant shall be signed by the Commissioner, and it sha 11 set out (

J) the amount that may be paid from the Consolidated Revenue Fund under the authority of the warrant, (

b) the purpose for which payments may be made, and (

c) the fiscal year in which payments may be made.

(4) The amount paid from the Consolidated Revenue Fund under the authority of a special warrant shall be submitted to the Legislative Assembly as part of an Appropriation Bill at the next sitt1ng of the Assembly, and the amount shall be identified as such in the Bill.

(5) A speci a 1 warrant shall be deemed to be a vote for the purposes of all of the provisions of this Act except subsections 2(1) and 40(6). Contr1butions and Grants 21

(1) Except as provided by subsection (2), where money is payable to or received by the government under any Act or agreement for the purposes of or as a contr1but10n toward expenditures to be made by the government, the Management Board may by d1 rect1ve author1ze the payment of money from the Consolidated Revenue Fund for those expenditures in an amount not exceed1 ng the amount payable to or recei ved by the government.

(2) Where money is received or receivable by the government from the government of Canada or a province under any Act, agreement or undertaking for the purposes of or as a contribution toward expenditures to be made by the government, the Management Board may by directive authorize the payment of money from the Consolidated Revenue Fund for those expenditures in an amount not exceeding the amount received or receivable by the government. - 131 -

Financial Administration Act

Chapter 19

(3) This

section does not apply to money received or receivable under the Federal-Territorial Financial Agreement.

(4) The amount paid from the Consolidated Revenue Fund under the authority of this

section shall be submitted to the legislative Assembly as part of an Appropriation Bill at the next Sitting of the Assembly, and the amount shall be identified as such in the Bill. Regulation of Expenditure 22 (

I) The Management Board may by di recti ve control or limit payments from votes, and for that purpose it may by directive (

a) identify allotments, programs or projects within a vote, and distribute money among programs and projects, (

b) transfer money between allotments, programs or projects within a vote, (

c) distribute money among activities within a program or project, or authorize a public officer to do so, and (

d) transfer money between activities within a program or project, or authorize a public officer to do so.

(2) The Management Board may issue directives (

a) regulating the charging of expenditures to votes, funds, allotments, programs, projects and activities, and (

b) assigning responsibility for a vote or fund to a public officer. Interest 23

(1) Subject to any other Act, the COllll1issioner in Executive Council may make regulations providing for the payment of interest on such debt obligations of the government, at such rate and subject to such conditions as he may 'specify In the order. - 132 -

Financial Administration Act

Chapter 19

(2) Where a regulation under subsection (1) provides for the payment of interest on a debt obligation of the government, the payment of interest shall be deemed to be authorized by the vote or other authori ty under whi ch payment of the principal amount of the debt may be paid. Contracts 24

(1) The Management Board may,' by directive, authorize public officers to enter into contracts subject to such terms and conditions as the Management Board considers necessary.

(2) Where the Management Board has authorized a public officer to enter into contracts, it may by di rect i ve authori ze him to delegate all or part of his authority to another public officer, subject to such terms and conditions as the Management Board considers necessary.

(3) Notwithstanding any other Act, a contract shall not be entered into, and is not enforceable against the government, unless entered into ~y a public officer authorized to do ,50 under subsection (1) or (2). 25

(1) A contract shall not be entered into by a public officer, and 15 not enforceable against the government, unless' the responsible Deputy Head or a public officer designated in writing by the Deputy Head has certified that (

a) every payment out of the Consolidated Revenue Fund contemplated by the contract in the then current fiscal year is authorized by this or another Act, and (

b) there is suffi ci ent money in the vote or fund from which the payments are to be made.

(2) It is a tenn of every contract that money that becomes due under the contract is not payable unless a provision of this or another Act authori zes the payment to be made ; n the fiscal year when the payment falls due. - 133 -

Financial Administration Act

Chapter 19

(3) The Commissioner in Executive Council may make regulations establishing terms and conditions that shall apply to contracts. or any class of contracts specified in the regulations. Holdbacks 26 (1 ) Where a payment under a contract is wi thhe 1 d. the payment may, subject to this Act and the directives of the Management Board, be credited to a special fund established by the Treasurer in the Consolidated Revenue Fund for payments wi thhe 1 d under the contract to be dealt with in accordance with the contract.

(2) Money credited to a special fund under subsection (1) shall remain available for the purposes of the contract after the end of the fiscal year in which it is credited. Assignments 27

(1) Except as provided by the regulations, a debt obligation of the government is not assignable, and no transaction purporting to be an assignment confers on any person a right or remedy in respect of a debt obl igation of the government.

(2) The Commissioner in Executive Council may make regulations prescribing classes of debt obl fgations of the government and the conditions under which each class of debt obligation may be assigned.

(3) An assignment of a debt obl igation of the government is subject to all the claims that are entitled to priority over the ri ght of the ass i gnee. and is subject to a 11 the terms and conditions that relate to the original debt.

(4) This

section does not apply to securities or negotiable instruments or to telegraphic or electronic transfers of money. - 134 -

Financial Administration Act

Chapter 19 Advances 28

(1) Subject to di rectives of the Management Board. the regulations and any other Ac1;. an advance may be made from the Consolidated Revenue Fund to any person to enable that person to pay expenses that are authorized to be paid by thi~ or any other Act. Record of Commitments 29 Cl) Every public officer shall keep records of conmitments for the expenditures chargeable to each vote or fund for which he has been assigned responsibility under paragraph 22(2)(b).

(2) The Management Board may direct the form and manner in which records of commitments under subsection (1) shall be kept. Certificate of Performance 30

(1) Notwi thstandi ng .any· other Act, no payment sba 11 be made from the Conso1 idated Revenue Fund unless a certificate as to the information required under subsection (2) is signed in accordance with this

section by a public officer authorized to do so under this section.

(2) A certificate shall contain such of the following statements as may be applicable: (

a) in the case of a payment for goods that have bee.n supplied, or services that have been performed. under a contract, a statement to that effect and a statement that the proposed payment is in accordance wi th the contract; (

b) in the case of a payment for goods that have yet to be supplied or services that have yet to be performed. a statement to that effect and a statement that the proposed payment is in accordance with a contract; - 135 -

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c) in the case of a payment not provided for in paragraphs (

a) or (b), a statement as to the purpose of the proposed payment, and a statement that all conditions precedent to the making of the payment have been met; (

d) in any case, such further statements as the Management Board, by directive, may require.

(3) The Management Board may by directive authorize public officers to sign certificates, subject to such tenns and conditions as the Management Board considers necessary.

(4) Where the Management Board has authorized a public officer to sign certificates, it may by directive authorize him to delegate all or part of his authority to another public officer subject to .such tenns and condftfons as the Management Board considers necessary.

(5) The authorfty of a publfc officer to sign certificates extends only to payments to be made from a vote or fund for whfch he or the publ ic officer delegating authority to. him has been assigned responsibility under paragraph 22(2)(b). Requisition for Payment 31 (

l) Notwi thstandi ng any other Act, no payment sha 11 be made from the Consolidated Revenue Fund unless a requisition for payment containing the statements required by subsection (2) (

a) is signed in accordance with this

section by a public officer authorized to do so under this section, and (

b) is accepted by the Treasurer or a person authorized by him.

(2) A requisition for payment shall contain the following statements respecting the proposed payment and the vote or fund from which the payment is to be made: (

a) a statement that the payment lawfully may be made from the vote or fund; (

b) a statement that the maki ng of the payment does not contravene any directive of the Management Board; - 136 -

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c) a statement that there is sufficient money in the vote or fund to make the payment; (

d) a statement that the making of the payment will not reduce the ba lance of the vote or fund so that it wou 1 d not be suffi ci ent to meet conmi bnents recorded under

section 29 for other payments to be made from the vote or fund.

(3) The Management Board may by directive authorize public officers to sign requisitions for payment subject to such terms and conditions as the Management Board considers necessary.

(4) Where the Management Board has authorized a public officer to sign requisitions for payment, it may by directive authorize him to delegate all or part of his authority to another public officer, subject to such terms and conditions as the Management Board considers necessary.

(5) The authority of a public officer to sign requisitions for payment extends only to payments to be made from a vote or fund for which he or the public .officer delegating authority· to him has been assigned responsibility under paragraph 22(2)(b). Rejection of Requisitions 32

(1) The Treasurer shall reject a requisition for payment where he is of the opinion that the requirements of any Act have not been complied with.

(2) Where the Treasurer rejects a requisition, he shall, at the request of the Deputy Head responsible for the relevant vote or fund, state his reasons in writing to the Deputy Head. - 137 -

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(3) The Management Board may, on the written request of the responsible Deputy Head, confirm the Treasurer's decision under subsection (1) or, on the certificate of the Executive Council Member responsible for the Department of Justice that the requisition for payment would not contravene any enactment of Parliament or the Legislature, order that the payment be made subject to any conditions that the Management Board may specify. Accounting for Public Money 33 Cl) Every person authori zed to spend pub 1 i c money sha 11 account for it in the manner provided under this Act or the regulations, and the Act authorizing the expenditure. Statement by Treasurer 34

(1) The Treasurer shall, by September 30 next following the end of each fiscal year, deliver to the Management Board a statement listing details of every case during the fiscal year in which a payment has been made that, in ~is opinion, is irregular or unlawful in any way.

(2) The Tre"asurer shall supply to a Deputy Head a copy of the part of the statement referred to in subsection (1) that refers to payments from funds within the responsibil ity of the Deputy Head. Money Not Applied 35

(1) Where a person has received money from the government to be applied to any purpose, and has not applied it to that purpose within the time or in the manner required, (

a) the Executive Council Member may demand repayment under

section 68, (

b) the money may be recovered from the person as a debt due to the government, and - 138 -

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c) an equal purpose applied. sum may in the meantime be applied to the to which the money ought to have been Set-off of Amounts Owed 36

(1) The Management Board may by directive authorize the Treasurer to retain money in specified circumstances by way of set-off from any money due or payable to a person from the Consolidated Revenue Fund where (

a) the person owes money to the government, (

b) an overpayment has been made by the. government to the person, or (

c) an advance made to the person under subsect i on 28 ( 1 ) has not been repaid or accounted for.

(2) Notwi thstanding subsection (1), the Treasurer may recover any overpayment made from the Consol idated Revenue Fund on account of salary, wages, payor allowances out of any sum of money that may be due and payable by the government to the person to whom the overpayment was made. (

l) No money shall be retained under this

section by way of set-off from an amount due or payable as or on account of compensation under the Workers' Compensation Act. Expenditure Refunds, Repayments and Recoveries 37 ( 1 ) Money recei ved by the government as a refund or repayment of an expenditure or advance shall be included in the unexpended ba 1 ance of the vote or fund from whi ch it was paid.

(2) Money received or receivable under any Act or agreement as the recovery of a sum authorized to be paid by any Act shall be reported in the Pubiic Accounts for a fiscal year as an expenditure recovery of the year in respect of which the money was authorized to be paid. - 139 -

Financial Administration Act

Chapter 19 Payments After a Fiscal Year End 38

(1) Subject to subsection (2), the balance of a vote that remains unexpended at the end of a fiscal year shall lapse.

(2) Where debt obligations have been incurred by the government for' goods supplied, or services performed, prior to the end of a fiscal year under a contract, payment of the obligations shall be made from a vote for that fiscal year.

(3) Every Deputy Head shall at the end of each fiscal year send to the Treasurer a list of the payments to be made after the end of the fiscal year under this

section from votes for which he is responsible together with the certificates required by

section 30. Payments 39

(1) The Management Board may issue directives respecting payments made from the Consolidated Reve!1ue Fund providing for the form in which payments shall be made, the way in which payments shall be authenticated. and the places from which payments shall be issued.

(2) The Comissioner in Executive Council may make regulations , respecting the verification of debt obligations of the government prior to their payment.

PART IV ASSETS Power to Invest 40

(1) Where money in the Consolidated Revenue Fund. other than money in a trust fund. is not immediately required for payments. it may be invested in any of the following: (

a) securities that are obligations of or guaranteed by Canada or a province; - 140 -

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b) fixed deposits, notes, certificates and other short term paper of or guaranteed by a bank including swapped deposit transactions 1n currency of the United States of America; (

c) commercial paper issued by a company incorporated under the laws of Canada or a province, the securities of which are rated in the highest rating category by at least two recognized security rating institutions.

(2) Subject to any other Act, whoere money 1n a trust fund is not immediately required for payments, it may be invested in accordance w1 th the Act or the trust, instrument or other authority by which the money 1s held in trust, in any investment permitted by the Trustee Act.

(3) Where

an Act authorizes the Commissioner in Executive Council to guarantee a debenture or other securi ty, he may guarantee a debenture or other security issued to or held by the government, and a debenture or other security so guaranteed is eligible as an investment under this section.

(4) An investment held under this

section may be disposed of, or exchang~d or traded ~or another investment authorized. under this section.

(5) Subject to any other Act, where money from a trust fund or money from a fund designated as a special fund by the Commissioner in Executive Council is invested, interest earnings or proceeds from an exchange, trade or disposition in respect of the trust fund or the special fund may, subject to the regulations, be paid into the appropriate trust fund or special fund.

(6) Any net income resulting in any fiscal year from the purchase, holding or sale of securities pursuant to this

section shall be credited to revenues of that fiscal year and any net loss resulting in any fiscal year from such purchase, holding or sale shall be charged to a vote established for that purpose. • 141 •

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(7) For the purposes of subsection (6), the net income or loss in any fiscal year shall be determined by taking into account realized profits and losses on securities sold in the fiscal year, the amortization applicable to the fiscal year of premiums and discounts on securities, and accrued interest applicable to the fiscal year.

(8) The Conmissioner in Executive Council may, on the reconmendation of the Executive Council Member, appoint a committee to provide advice on the exercise of the power of investment and on other matters related to investments.

(9) Notwithstanding any other provision of this section, where money in a trust fund consists of money in Court, (

a) the Executive Council Member may invest the money in any investment permitted by the Trustee Act, (

b) where any net loss results from an investment under paragraph (a), any amount required to make up the deficiency shall be paid from the Consolidated Revenue Fund so that payment out of the amount received may be made pursuant to subsection 19(3), (

c) there shall be attributed to the money in the fund income at such rat~ as may be prescribed, and (

d) reasonable costs of making or managing the investments may be charged only against the net income or profits of the investments. Loans, Advances and Equity [nvestment 41

(1) No loan of public money shall be made without the authority of

an Act.

(2) Notwithstanding any other Act, the power to make loans, advances or direct equity investments from the Consolidated Revenue Fund sha 11 not be exerci sed except in accordance with the regulations. - 142 -

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Chapter 19 Pub 1 i c Property 42

(1) No disposition or loan of public property shall be made to any person without authorization under this or another Act.

(2) Subject to this Act, the Management Board may issue directives governing (

a) the acquisition of property by the government, (

b) the custody and control of public property, including the maintenance of inventories, (

c) the sale of public property, and (

d) the deletion of public property from inventory.

(3) The Commissioner in Executive Council may make regulations respecting the recovery of loss of or damage to public property caused by the negligence or willful misconduct of a public officer who is responsible for the operation, care or custody of the public property. Provision of Services or Use of Property 43

(1) Subject to any other Act, where a servi ce or the use of public property is provided by the government to any person, the Commissioner in Executive Council may make regulations (

a) establishing fees for the provision of the service or the use of the public property, (

b) establishing terms and conditions subject to which the service or the use of the public property may be provided, or (

c) authorizing the Management Board or a public officer to enter into agreements respecting the provision of the service or use of public property.

(2) Subject to the regulations, the Management Board may by directive authorize public officers to provide to any perso~ a service or the use of public property, subject to su.ch fees, terms and conditions as the Management Board may specify by directive. - 143 -

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Chapter 19 Revolving Funds 44 Cl) No revo lvi ng fund shall be estab I f shed by the government unless authorized by

an Act. (2). Money may be pa i d from a revo lv; ng fund f f the payment f s made in accordance with both (

a) the provisions of thfs Act. and (

b) the provisions of the Act authorizing the establishment of the revolving fund. .

(3) Revenues shall not be credfted to. and expenditures shall not be charged against. a revolvfng fund (

a) beyond the limits set out in the Act authorizfng the establishment of the fund. or (

b) in respect of a transaction outside the pqrposes for which the fund is authorized to be established.

(4) Where a revolving fund is established for the maintenance of inventory. the fnventory shall not exceed the lfmit estab lished for the fund under subsection 45( 1) or any other Act under which the fund may be established.

(5) Where the establishment of a revolving fund is authorized. the Management Board may issue directives respecting (

a) the accounts to be kept. (

b) the method of charging and crediting the fund. (

c) the method of valuing the inventory of the fund. and (

d) any other matter it considers necessary governing the operation of the fund.

(6) For each revo lvi ng fund there sha 11 be i nc I uded in the Public Accounts a statement for the year showing (

a) the assets and liabilities of the fund. and (

b) a

summary of the transactions of the fund. 45

(1) The following revolving funds shall be established within the Conso 11 da ted Revenue Fund wi th the fo 11 owi ng pu rposes and limits: (

a) Road Equfpment Replacement Fund. to be used for the replacement of road equipment. with a I imit of S3.000.000; - 144 -

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b) Central Stores Fund, to be used for the maintenance of the central stores inventories, with a limit of $750,000; (

c) Garage Parts and Fuel Inventory Fund, to be used for the ma intenance of garage parts and fuel inventories, with a limit of 5800,000; (

d) Highway Materials Fund, to be used for the ma i ntenance of hi ghway materia 1 s inventories, with a limit of 51,200,00.

(2) Notwithstanding subsection 44(2), expenditures from the Road Equipment Replacement Fund shall not exceed the accumulated revenues in the Fund at the time of the expenditure. (3) Subsection 44(4) does not apply to the Road Equipment Replacement Fund.

PART V LIABILITIES Authority to Borrow 46

(1) No money shall be borrowed or security issued by the government without the authority of this or another Act. Borrowing Money 47

(1) Where this or another Act confers on the government authority to borrow money, the Commissioner in Executive Council may, subject to the Act that confers the borrowi ng authori ty, make regulations authorizing the borrowi ng of money by the issue and sale of securities in a form, in an amount, payable in a currency or unit of monetary value, at a rate of interest and on other terms or conditions the Commissioner in Executive Council approves. - 145 -

Financial Administration Act ChaDter 19 Borrowings for Redemption 48

(1) Subject to the Act that confers the borrowing authority, the Commissioner in Executive Council may authorize the borrowing of sums of money that are required for the repayment of any securities issued by the government that are maturing or that have been called for redemption; Temporary Borrowings 49

(1) Where it appears to the Commi·ssioner in Executive Council that the Consolidated Revenue Fund will be insufficient to meet the disbursements lawfully authori zed to be made from it, the Commissioner in Executive Council may authorize the borrowing~ for a period not exceeding 365 days. of an amount that is considered necessary to ensure that the Consolidated Revenue Fund will be sufficient to meet those disbursements. Overdrafts. Notes and Treasury Bills 50

(1) The Commissioner in Executive .Council may make regulations. for the efficient operation of the Consol idated Revenue Fund. (

a) authorizing arrangements with a bank for money overdrafts. or (

b) authori z i ng the borrow; ng of money by the issue and sale of notes or treasury bills in a form. in an amount. at a rate of interest. if any, on terms and conditions and executed in a way he determines.

(2) To secure overdrafts under paragraph (l)(a). the Commissioner in Executive Council may authorize the issuance to a bank of a security in a form. in an amount. on terms and conditions, and executed in a way he determines. - 146 -

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Chapter 19 Borrowing in Foreign Currencies 51

(1) Where any Act confers authority on the government to borrow a spec i fi c or max imum amount of money. the authori ty sha 11 be deemed to authori ze the borrowi ng of an equivalent amount in the currency of any other country.

(2) For the purposes of this

section the equivalent amount of the currency of another country shall be calculated in accordance with the nominal rate of exchange between the Canadian dollar and the currency concerned as quoted by any chartered bank in Canada as of any time in the last business day before the date on which the Conmissioner in Executive Council authorfzes the borrowing. Change in Form of Public Debt 52

(1) The Commissioner in Executive Council may authorize changes in the form of any part of the debt obligations of the government by substituting ode security for another, but no substitution sh