Il m - p - ORDINANCES OF THE YUKON TfRRIIORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1947 J. E. GIBBEN, K. c., CONTROLLER Priated aad Published lor the Governmeat 01 the Yukoll Territory Uad" Autbority of

Chapter 7S of tbe COGlOlidatecl OnIiaaGcu of '914 BY PIERCY POWBLL. Kin'" Print.,

ORDINANCES OF THE YUKON T[RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1947 J. E. GIBBEN, K. c., CONTROLLER PriDkd aDel PubUlhed for tbe GovernllleDt of tbe Yukoll Territory Ullder Autbority of

Chapter 75 of tbe CoDlOlidateci OrdiDaDccs of 1914 BY PIERCY POWELL. K1ftc" Prlft,er

Chap. 1. 2. 3. 4. 5. 6. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. :n. An OI'<Iinance l'e;;pecting the Profession o[ Dentistry An Ordinance to regulate the s·peed and operation of Motor vehicles on Highways ............................................. . The Yukon Game Ordinance ............................................... . An Ordinance ReC)uiriu~ Registration of Guests at Auto Camps and Hotel~ situated in unorganized Territory ................................................................................ . An Ordinance respecting Hotel.

Boarding House and Lodging House Keepers ...................................................... . An Ol'dinance to amend "The Fur Export Tax Ordlna·nce" ......................................................... ~ ..................... . An Ordinance to :lDlenrl "The Sale of ,Beer Ordinance" An Ordinance to pl'ovide for the Regulation of Motor Carriel's ................................................................................... .

An Ordinance to amend "The> Forest/Fires Ordinance" An Ordinance to amend "The Workmen's Compensa· tion Ordinance" ..................................................................... . An -Ordinance to amend "The Gasoline Ta.x Ordinance" An Ordinanf!e to r~peal "The Succession Duty Ordinance'" ............................................................................. . An Ordinance to amend "The Income Tax Ordinance" An Ordinance to amend "The Motion Pictu'I'e Ordinance" .......................................................... : ................. .

An Ordinance to amend "An Ordi·nance respecting Insane Persons" ..................................................................... . An Ordinance to amend "The Assessment Ordins.nce"· An Ordinance t{) exempt J. iB. Kunze and F. Kunze from payment of license fee on ,Electric Light Plant in Mayo area for stated period ......................................... . An Ordinonce respecting Second·Hand Dealers ........... . An Ordinance to provide for the regulation of Hours of Closi·ng of Restaurants ................................................ .

An Ordinance to amend "The Legal 'Profession Ordinance" .............................................................................. . An Ordinance to amend "The Yukon Territorial Public Service Ordinance" ................................................. . An Ordinance' for g1'3.nting to the CommissioD€r certain sums of money to defray the expenses of the Public Servlc~ of the Territory and the City of Dawson .................................................................................... .

Page. 1·7 8·49 50·91 92·93 94-99 100-101 102 10-3-1136 136-137 138-139 140 141 142 14-3 144 145 146 147 148-149 150-161 162 153-160

CHAPTER 1 AN ORDINANCE RESPECTING THE PROFESSION OF DENTISTRY (Assented to July 8th, 1947.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows:

SHORT TITLE 1. This Ordinance may be cited as "The Dental Pro- St .. ort title fession Ordinance." INTERPRETA nON 2. In This Ordinance, unless the context otherwise re- Interpreta­tion quires, the expression: (a) "Dentist" means a person holding a va- Dentist lid license under this Ordinance; (b) "Dentistry" means the treatment, advice, Dentistry service or attendance that is usually perform- (

c) ed by dentists in the practise of their pro- fession, and includes the practise of dental surgery; and "License" means a license to practise den- tistry in the Yukon Territory issued under this Ordinance. LIcense

Licenses Controller may Issue Terr'.Sec'y to keel) register Inspection of Register /o:ntry In Re­ !;Ister Unlawful to employ un­ reg'd practi­ tioners Penalty 2 TUE DENTAL PROFESSION ORDINANCE 3, The Controller may issue licenses to persons who by complyi'ng with the provisions of this Ordinance are entiled to receive them, 4. ( 1) The Territorial Secretary shall keep a regis­ gister called the Dental Register containing the names and addresses of all persons who are <J.ualified to practise dentistry in the Yu­ kon Territory.

(2) Any person may inspect the Dental Register during the times when the office of the Ten'i­ torial Secretary is open to the public. 5.

(1) No person shall practise the profession of Dentistry or Dental Surgery in the Territory unless his name has been lawfully entered in said Register.

(2) It shall not be lawful for any practitioner to employ as a helper or assistant in his office or permit to' work in his office any person who, being entitled to register hereunder, is not so registered, or who is or has at any time been qualified or entitled to practise dt>ntistry in any Province in Canada or else­ where beyond the Terrritory who is not re­ gistered hereunder.

(1) Every practitioner violating any of the pro­ visions of the preceding sub-section shall be liable to a penalty of $50.00 and to a further penalty of $20.00 as for a separate offence for each day after the first day of such em­ ployment or services that any such violation is permitted.

THE DENTAL PROFESSION ORDINANCE 3

(4) In any prosecution under this

section the burden of proof that the person charged with the offence has not violated the pro­ visions of this

section shall be upon the per­ son so charged and in th~ absence of such proof by the person charged, proof of the service or employment shall be be PRIMA FACIE evidence of such violation and con­ viction may be made accordingly. 6. A person who, (

a) Is a graduate of a school or college of den­ tistry in any of the Provinces of Canada hav­ ing authority to grant licenses or diplomas to practise dentistry; or (

b) Is a member or graduate of an association, school or college in the United Kingdom of Great Britain and Ireland, empowered to grant a license or diploma to practise den­ tistry; or (

c) Possesses a Certi ficate of Quali fication is­ sued by the Dominion Dental Council of Canada, or under the seal of a dental col­ lege or dental society or association est~b­ ed in any Province of Canada, or from the proper official authorized to grant such a certificate, that the applicant had been duly registered as a practising dentist and has practised as such in any such Province of Canada within two years prior to his appli­ cation for a license under this Ordinance; or (

d) At the time this Ordinance comes into force, was practising as a licensed dentist in the Yu­ kon Territory, shall, upon compliance with the proVIsions of this Onus Practiti­ oners· Quali­ fications

Requisites ot valid license Fees pay· able Date fees payable Residential qualifica­ tion 4 THE DENTAL PROFESSION ORDINANCE 7. 8. Ordinance relating thereto be entitled to register in the Dental Ordinance and to receive a license. . ( 1 ) No license shall be valid unless (

a) The fees in respect of the year for which the license is issued has been paid i and (b y the holder. has been registered pursuant to

section 6.

(2) Licenses issued pursuant to this Ordinance expire on the 30th day of April of the year following the date of issue. ( 1 ) The fee payable for registration under this Ordinance is fifty dollars.

(2) The annual license fee payable by dentists who are, (

a) bona fide residents of the Territory is twelve dollars; or (

b) not bona fide residents of the Territory IS one hundred and eighty dollars. 9. Fees in respect of annual licenses are due on the thirtieth day of April in each year, and are payable to the Territorial Treasurer. 10. For the purposes of this Ordinance a dentist shall not be considered a resident unless he actually resides in the Yukon Territory during the whole of each calendar year; provided that where two or more practitioners prac­ tise as a firm the presence at all times during the year in the Territory of at least one member of the firm or of some practitioner in its' employ, shall qualify as residents all the members of the firm and the dentists' employed by them.

11. THE DENTAL PROFESSION ORDINANCE 5 ( 1 ) The Territorial Secretary shall remove from the Register the name of every person re­ gistered therein who has not on or before the thirtieth day of June in any year, paid the annual fee provided for by subsection 2 of

section 8. (2 ) No person whose name is lawfully removed from the Register shall be entitled to prac­ tise dentistry in the Territory until his name has been restored to the Register as provid­ ed by subsection 3 of this section.

(3) A person whose name has been removed from the Register pursuant to subsection 1 of this section, shall be entitled to have his name restored to the Register upon pay­ ment of a fee of twenty-five dollars in ad­ dition to the annual fee required hy this Or­ dinance, and upon payment of such fees shall be entitled to a license. 12. No person shall be entitled to receive a fee or re­ muneration for professional services rendered or materials or appliances provided by him in the practise of dentistry unless he holds a valid license under this Ordinance at the time the services are rendered or the materials or applian­ ces are provided, but this

section shall not apply to duly qualified medical practitioners or to duly qualified drug­ gists or chemists in the course of their practise or business. Removal from regIs­ ter for non­ payment of fees Fees for dental ser­ ,-Ices pa~'­ able onl~- to licensed practitioner 13.

(1) The Controller may appoint two or more Investiga­tion· of com- persons to be a Board of Inquiry to investi- plaInts • Board of gate any complaInt made against a dentist Enquiry with respect to a violation of any of the pro- visons of this Ordinance or any complaint of malpractise, or infamous, disgraceful or im- proper conduct.

Powers ot Board Quorum BlIard may disqualify on b"Tounds fnfamous "onduct 'Misrepre­ sentation CrIminal re- cord ' Penalty tor practising without LI­ cense 6 THE DENTAL PROFESSION ORDINANCE

(2) The Board so constituted may make and prescribe rules and regulations under which the inquiry is to be held, and shall have pow­ er to summon and bring before them any persons deemed necessary to enable the Board to properly inquire into the matter complained of, with power to swear and examine all such persons under oath and to compel the attendance of witnesses and the production of documents and to do all things necessary to provide a full and proper in­ qUIry. , 3) A majority of the Board shall form a quorum and may decide and adjudge as to [he guilt of the person charged and every decision by a majority of such Board upon any such matter shall be final. 14. 1\ dentist who has. after due inquiry, been adjudged by a Board of Inquiry: la) (

b) lc) To have been guilty of infamous conduct in any professional respect: To have made any mat,erial misrepresenta­ tion to the Territorial Secretary in order to procure the entry of his name on the Regis­ [er; or To have been convicted of any crime punish­ able by imprisonment in the penitentiary; shall forfeit the right to have his name entered in the Re­ gister and his name, if so entered, shall be erased from the Register by the Territorial Secretary and his license to prac- tise shall be revoked. ' 15 .. A person who, not being the holder of a valid ii­ cense or permit

THE DENTAL PROFESSION ORDINANCE 7 (

a) practises dentistry for hire, gain or hope of reward; (

b) wilfully or falsely pretends to be licensed to practise dentistry; t

c) professes by public advertisement, card, ci r­ cular, sign or otherwise to practise dentistry or to give advice therein or in an'y way leads people to believe that he is qualified to prac­ tise dentistry in the Yukon Territory, shall be guilty of an offence and liable upon conviction therefor, to a penalty of fifty dollars, and every day on which any offence occurs shall be deemed a separate offence. 16.

A person who wilfully procures or attempts to pro­ cure the registration of his name under this Ordinance by making false or fraudulent representation or declaration either verbally or in writing and every person knowingly aiding and assisting him therein shall be liable to a fine of five hundred dollars. 17. Upon the trial of any action under the prOVISIOns of this Ordinance the burden of proof as to the right of defendan't to practise dentistry in the Yukon Territory shall be upon the defendant.

Penalty for mIsrepre­ sentation Onus 18 N . d h' 0 d' II b Limitations . 0 actIOn un er t IS r 103nce sha e commenced or Action after two years from the date of the offence or the date the cause of action arose. 19. Nothing in this Ordinance shall be deemed to pre- ~,!;~~~~n~~ vent a person giving necessary aid to anyone in urgent need aId of it, provided that the aid is not given for hire or gain nor the giving of such aid is made a business or way of gaining a livelihood. 20.

Chapter 7 of the Ordinances, 1920 IS hereby re- Hepeal pealed.

Short title 8 THE MOTOR VEHICLE ORDINANCE

CHAPTER 2 AN ORDINANCE TO REGULATE THE SPEED AND OPERATION OF MOTOR VEHICLES ON HIGHWAYS (Assented to July 8th, 1947.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: SnORT TITLE 1. This Ordinance may be cited as the Motor Ve­ hicle Ordinance.

INTERPRETATIONS Interpreta- 2. In this Ordinance, unless the context otherwise re- tlons qUIres, (a) "Controller" means the Controller of the Yukon Territory: (b) "Chauffeur" means any person who drives or operates any motor vehicle for the trans­ portation of persons or property, who re­ ceives any compensation for 'so doing by wages, commission or otherwise, paid direct­ ly or indirectly, or who as owner or employ­ ee drives or operates a motor vehicle carry­ ing passengers or property for gain or re­ ward:

THE MOTOR VEHICLE ORDINANCE 9 (c) "Highway" or "public highway" means every road, street, lane, alley, park, park­ wa y, bridge, tunnel, public plac"e or any road or trail on frozen lakes and rivers; (d) "Motor vehicle" means every vehicle pro­ pelled by any power other than muscular powe"r except traction engines and such motor vehicles as run only upon rails or tracks; (e) "Trailer" means a vehicle with capacity of more than one ton to be driven by a motor vehicle. (t) "Vehicle" means a motor vehicle, trailer, traction engine and any vehicle drawn, pro­ pelled, or driven by any kind of power, in­ cluding muscular power; but does not include the cars of electric or steam railways run­ ning only upon rails or trolley buses. ( 1 )

(2) Save as hereinafter otherwise provided, no person shall drive a motor vehicle on any highway unless he is licensed so to do pur­ suant to the provisions of this Ordinance. No person shall drive any motor vehicle on any highway at any time unless the motor ve­ hicl~ is registered pursuant to this Ordin­ ance. 4. Application for a driver's or chauffeur's license or for registration of a motor vehicle shall be made to the Controller in such form and giving 'such particulars as the Controller may from time to time prescribe.

DI'i\'cr~ I" be IIr.t'!:n~I'r1 Vehicle to h .. regl~terer1 A ppl\ca tion for I\cen"e to Control­ ler 5. Upon receipt of an application for a driver's or Issue of !i-cenRe nn ap- chauffeur's license or for registration of a motor vehicle the !Icatlon

Address to be given Controller may sU>lpend license for callse Terms of License Owner to tile sta te- . mcnt 10 THE MOTOR VEHICLE ORDINANCE Controller may issue a license or a certificate of registra­ tion, as the case may be, in such form as he m;ay from tillle to time preseribe, and upon being paid sllch fees as may be prescribed in this Ordinance. 6. The address of every person to whom any license, certificate or permit is issued shall be given in every such document and the person to whom it 'is issued shall, upon changing his address, at once notify the Controller of the change. 7.

The Controller may suspend or cancel any license, certificate or permit issued under the provisions of this Ord­ inance for misconduct or non-compliance with or infraction of any of the provisions of this Ordinance, or upon being satisfied of the unfitness physical or otherwise, of the hold­ er of the license, certificate or permit, or for any other reason appearing to him to be sufficient. 8.

Subject to the provisions of this Ordinance as to suspension and cancellation, the period of any license issued to any person licensed as a driver or chauffeur and the per­ iod of registration of any motor vehicle registered pursuant to the provisions of this Ordinance, shall be from the first day of April until the ensuing thirty-first day of March (both days inclusive.) REGISTRATION OF MOTOR VEHICLES 9.

Every person owning a motor vehicle or trailer shall, for every such motor vehicle or trailer owned by him, file in the office of the Controller or his agent, on a form to be provided by the Controller for that purpose, a state­ ment containing his name and address, with a brief descrip­ tion of the motor vehicle or trailer so owned by him, in­ cluding the name of the maker, factory number, style of motor vehicle or trailer and motor power if any.

THE MOTOR VEHICLE ORDINANCE 11 10. The fee to be paid upon filing of such statement shall be as follows: $3.00 in the case of motorcycles and trailers and $10.00 in the case of all other motor vehicles, and, upon the filing of such statem'ent as a foresaid and pay­ ment of the proper fee, the Controller shall cause to be registered such motor vehicle or trailer in a book or index to be kept for that purpose and assign to it a distinctive number.

(2) The prOVISIOns of this

section and the im­ mediately preceding

section shall apply to non-resident as well as resident owners but in addition to the fee in this

section provided for, a non-resident owner who is engaged in colllmercial transportation between the Pro­ vince of British Columbia and/or the Terri­ tory of Alaska and the Yukon Territory shall pay a fee of $20.00 per ton capacity of each vehicle of one ton capacity and over so engaged in such transportation, or if the tonnage capacity of the vehicle cannot be de­ finitely ascertained, the fee payable may be assessed by the licensing officer based on his estimation of the capacity of the vehicle at the following rates: 1 to 5 tons capacity ............ $100.00 5 to 10 tons capacity 200.00 10 to 20 tons capacity 300.00 over 20 tons capacity --.. _--- 400.00 License fee payable Application tn Non."C'!Oii­ dent

(3) The provisions of sub-section 2 of this sec- Effect of re- . h 11 I ·1 h· I· guh tionl' tlOn s. a app y untl suc time as regu atlOns under .Mo-. h 1· . f . tor Carriers' governmg t e Icenslng 0 motor carners as OrdInance provided for in the Motor Carriers Ordin- are brought into, effect.

Application to Dealers V~hlcles not using high­ ways exempl COllll'oller shall Issue Certificate of reglstra­ Lion LicelHle Plates Furm of f:erllfle-ale 12 Tuc MOTOR VEllICLE ORDINANCE 11. (

I) The Provisions of this Ordinance as to re­ gistration and display of permanent num­ bers shall not apply to bona fide dealers in or agents for automobiles in respect to new cars in stock or used as demonstrators by such dealers or agents; Provided however, that every such dealer or agent shall pay to the Controller the registration fee as pro­ vided in

section 10 of this Ordinance and secure a number plate, which number plate shall be temporarily attached to the dash­ board or windshield of such new car or demonstrator when the same is "in opera­ tion on any highway.

(2) The provisions of this Ordinance as to re­ gistration and display of permanent numbers shall not apply to vehicles which are not operated on the highways. 12. ( 1) The Controller shall cause to be issued forth- (2) (3) with and delivered to the owner of such mo­ tor vehicle, a certificate of registration.

The Controller shall cause to be isssued and delivered to the owner of such motor ve­ hicle at the time of the issue of the certifi­ cate of registration two number plates, hav­ ing thereon the registration number of such motor vehicle, the abbreviated name of the Territory and the year of issue: Provided that in the case of a trailer only one number plate shall be issued. The Certificate of registration shall contain­ the name of the owner of the motor vehicle or ,trailer registered, his address, the name of the maker of the motor vehicle or trailer,

TilE MOTOR VEHICLE ORDINANCE 13 the factory number, style, and motor power, if any.

(4) Every certificate of registration may be re- RenewaloC Certificate newed from year to year upon application to the Controller and payment of the fee re- quired by this Ordinance. 13.

Upon the sale or transfer of ownership of any 1110- ~1,:~,e~oWce tor vehicle or trailer, registered pursuant to' the provi- ot transfer sions of this Ordinance, it shall be the duty of the person I in whose name such motor vehicle or trailer is registered immediately to notify the Controller of the name and ad- dress of the new owner and to return the registration certi- ficate and number plates for the motor vehicle or trailer so sold or trallsferred and such certificate shall be cancelled by the Controller and the number plates may be re-issued by him to the new owne~, together with the new certificate of registration, which shall remain in force until the thirty- first day of March following, unless sooner revoked or cancelled and a fee of $2.00 shall be chargeable in respect of the issue of such new ccrti ficate in the case of a motor vehicle and $1.00 in the case of a trailer. 14.

Every motor vehicle shall have firmly attached to and exposed on the front and the back thereof the number plates assigned to such vehicle and issued by the Controller. The number on the front shall be in such position as to render it distinctly visible.

The number on the back shall be placed on the motor vehicle and in such a position to be dis­ tinctly visible, so that the lower edge thereof shall not be lower than the axle, provided that motorcycles, in lieu of dis­ playing the number plates therein before required, shall have attached to the rear mud guard of such motorcycles the re­ gistration number thereof in figures of not less than three inches in height and not less than three-eights of an inch in width; there shall be at all times a marked contrast between the colour of the number plates and that of the numerals of letters thereon.

Numbe,' plates to be attached to motor ve­ hicle

Number plate to be attached to tra.1ler 1'0 addItI­ onal TerrI­ torial plate" to be expos­ ed Driving without 11- cen"e prohi­ bited Age limit Pro\'l"o Power of Controller to refuse a dri­ ver's license 14 THE MOTOR VEI-IICLE ORDIN1\NCE

(2) In th(! case of a trailer the number plate shall be placed on the back thereof in such a position that the number shall be distinct­ ly visible and so that the lower edge of the plate shall not be lower than the axle.

(3) No Territorial number plate other than that issued by the Controller shall be exposed on any part of a motor vehicle or trailer. DRIVERS' AND CHAUFFEURS' LICENSES 15 _ ( 1 ) No person except a person temporarily with- (2) in the Territory who is permitted to drive by the law of the country of which he is a resi­ dent, shall drive a motor vehicle on any highway at any time during which he is not the holder of a subsisting driver's or chauf­ feur's license issued pursuant to this Or~in­ ance_ No driver's license shall be issued to any person under the age of sixteen years_

(3) A person over the age of fi fteen years shall not be deemed to act in contravention of this

section if while driving a motor vehicle he is accompanied by a person sitting beside him, who is the holder of a driver's license, and is engaged in teaching the first named to drive. 16". The Controller may: (

a) refuse to issue a driver's or chau ffeur's li­ cense to any per~on unless he is satisfied by examination or otherwise of the physical and other competency of the applicant to drive a motor vehicle without endangering the safety of the general pub1ic:

THE MOTOR VEHICLE ORDINANCE 15 (b) (

c) require any applicant to submit himself to examination as to his competency as a driver by a person designated by the Controller as an examiner. from time to time by order under his hand To require examination as to com­ petency To dispense Prescribe the ,cases in which an examination, with exam­ination (

d) as to competency as a driver may be dis- pensed with; and make regulations providing for the tempor­ ary-suspension or modification of any of the provisions of this Ordinance in respect of the registration of a motor vehicle reg!ster­ ed outside the Territory and in respect of any' person resident outside the Territory who has complied with the provisions of the law of the province. state or place in which such motor vehicle is registered and sllch per'son resipes, as to the registration of mo­ tor vehicles, the display of the registration number thereon and the licensing of such per­ son as driver or chauffeur to the 'extent only to which the provisions of such law exte!ld like exemptions and privileges in respect of a motor vehicle registered under this Ordin­ ance and licensing of a driver or chauffeur, a resident of the Territory. 17.

Every person driving a motor vehicle shall carry his license with him at all times during which he is in charge of a motor vehicle and shall produce it when demanded by any police officer or inspector appointed under this Ord­ Inance. 18. ( 1 ) Every person who is the holder of a driver's or chau ffeur's license shall, upon being con­ victed of any qffence under this Ordinance, or of

section two hundred and eighty-five of To make re­ gulations Person driv­ Ing to carry license Delivery or driver's li­ cense upon conviction of ollence

or chauf­ feur's Suspen!';lon of license and report In Control­ ler Applica­ tions for subsequent license Form of Ap­ plication for DrIver's LI­ cense, and lee for 16 TI-IE MOTOR VEHICLE ORDINANCE ( 2) the Criminal Code, forthwith deliver the same to the judge, stipendiary magistrate or justice of the peace making the conviction, who shall thereupon endorse thereon the particulars of the conviction.

Any judge, stipendiary magistrate or justice of the peace who convicts any person of any offence under this Ordinance, who is the holder of a driver's or chauf.feur's license, may upon making the conviction suspend for such time as he thinks fit or cancel the li­ cense, and shall thereupon transmit the sus­ pended or cancelled license to the Controller together with a report setting out the na­ ture of the conviction and the circumstances of the offence: and every such suspension or cancellation shall remain in force unless and until the Controller in his discretion makes an order shortening the term of suspension or annulling the cancellation, 19, Every person to who,m a driver's or chauffeur's li­ cense has been issued shall, in his application for a subse­ quent license, state that he holds a license, and shall set out its number, date of issue, and classification, and no person who is the holder of a valid and subsisting driver's or chauffeur's license shall apply for or obtain another dri­ ver's or chauffeur's license, save and except only for the purpose of obtaining a duplicate of a valid and subsisting license which has been lost, destroyed, or become worn out. 20. ( 1 ) Application for a driver's or chauffeur's li­ cense under the provisions of this Ordinance shall be made to the Controller in such form as he may prescribe and shall be signed by the applicant and delivered to the person au­ thorized by. the Controller for the purpose this

section accompanied by the payment of a fee of $1.00.

THE MOTOR VEI-IICLE URDINANCE 17 (2) (3)

(4) Upon receipt of the application in prescribed form and upon being satisfied of the truth of the facts stated 1/1 the application and that the prescribed fee has been paid, the Controller shall cause to be issued to the ap­ plicant a license in the prescribed form. No application for a driver's or chauffeur's license shall be accepted from males under the age of sixteen years or females under the age of eighteen years, nor shall licenses be issued to any such person.

In case of the loss, destruction or wea,·ing out of a license, a duplicate may be obtained upon application in the prescribed form and upon payment of the prescribed fee. Controller may Issue Age limit Duplicate li­ cense: t .. ow ohtalned

(5) Every person recelvll1g a license under License to the prOVISions of this Ordinance shall :;~e~~:e:ed by write his usual signature upon the same in (6) the space provided for that purpose, and until the license has been so signed it shall not be valid. Violation of or non-compliance with any of the provisions of this

section shall constitute an offence under this Ordinance. 21. The Controller may appoint one or more persons residing within the Territory to represent him, for the pur­ pose, of carrying out the provisions of this Ordinance. 22. All fees paid to the Controller as provided in this Ordinance shall be paid by him to the Territorial Treasurer and form part of the general revenue fund of the Territ()ry. Violn tion an offence Controller run)" appoint 1·~J)resen ta­ tlve Fee~ accrue to TerrltolT

Headlamps tail lamp l\toto~cycle lamps Bicycle lamp and reflec­ tor Headlamps heam 18 THE MOTOR VEHICLE ORDINANCE 23.

(1) HEADLAMPS AND OTHER LIGHTS Every motor vehicle other than a motorcycle shall at all ti lIie whilst in operation on a highway be equipped,- (

a) with at least two headlamps at the front and on opposite sides of the vehicle, each of which shall be capable of projecting light for a distance of three hundred feet ahead of the vehicle under normal atmosp'heric conditions; (

b) with a tail lamp consisting of a lamp of a capacity of not less than three spherical candle power so 'constructed as to show a red light plainly visible for a distance of at least two hundred feet from the rear of the vehicle under normal atmospheric night conditions and to illuminate with a white light the number plate fixed on the back of the vehicle so that every letter and figure thereon may be plainly seen at a distance of not less than sixty feet from the rear of the vehicle under normal atmospheric night con­ ditions.

(2) Every motorcycle shall carry one headlamp at the front and one tail lamp at the back, and the lamps shall conform in every res­ pect to those required to be carried by other motor vehicles.

(3) Every bicycle whilst in operation on a high­ way at night shall carry one headlamp at the front and one reflector at the rear.

(4) Each headlamp on a motor vehicle shall be constructed and arranged and adjusted in

THE MOTOR VEHICLE ORDINANCE 19 (5) (6) (7) such a manner that no portion of the direct beam of reflected or refracted light issuing there from shall, at a distance of seventy-five feet from the vehicle, rise more than to a point which is four inches less !than the height of the headlamp above the plane sur­ face upon which the vehicle stands, and no headlamp shall be placed on the vehicle less than twenty-four inches nor more than fift}' inches above the plane surface upon which the vehicle stands.

No part of the direct beam of reflected or refracted light projected from any head­ lamp shall rise more than forty-two inches above the level plane upon which the vehicle stands at a distance of seventy-five feet from the vehicle. The use upon. any motor vehicle of any headlamp which emits a direct beam of re­ flected or refracted light in contravention of this provision is prohibited.

On approaching or being approached by an­ other vehicle proceeding in an opposite di­ rection, and when within not less than two hundred yards of it, any person in charge of a motor vehicle whether in motion or sta- tionary which is equipped with electric headlamps shall dim or drop such head- lamps. Di"ectlun of beam to be controlled Pmhlhilinn He(lclJamp~ nimmec1 or dropper]

(8) Any police officer or constable or inspector PolIce otIi­ appointed for carrying out the provisions of ~~~'I~:~'f~;OIJ this Ordinance may stop approaching vehi- failure to dim light" cles when such vehicles have failed to dim or drop their headlights as herein required and the driver of any such vehicle shall be guilty of an offence against this Ordinance.

20 THE MOTOR VEHICLE OR[))NANCE Auxiliary l1J"i,"ing lamp" alld fog lamps Lamps re­ quired to be· alight on ve­ hicles 24. (

I) Any motor vehicle may be equipped with fixed or moveable auxiliary driving lamps or fog lamps not exceeding three In number mounted upon the front below the level of the centres of the headlamps and at a height not less than sixteen inches above the level on whic.h the vehicle stands. The term "aux­ iliary lamp" or "fog lamp" shall denote any combination of reflector, lens and lamp bulb so designed to illuminate the roadway close to and forward or forward and to the sides of the motor vehicle and otherwise meeting the requirements of this section.

Not mon' than two auxiliary lamps or fog lamps; mounted on oppos.i.te sides of the vehicle may be used in connection with but not in substi· tution for headlamps, except under condi­ tions of fog or rain rendering disadvanta­ geous the use of headlamps. In no event shall the number of auxiliary and fog lights upon a motor vehicle exceed a combined total of three and in no event shall more than two of the said lamps be lighted for use with lighted headlamps.

(2) Every auxiliary lamp and every fog lamp used upon a motor vehicle shall.he so adjust­ ed and aimed that the top of the main sub­ stantial portion of the beam will strike the road at approximately seventy-five feet In advance of the vehicle and will not project a glaring or dazzling light into the eyes of approaching drivers. 25.

(1) At any time during the period between one hour a fter sunset and one hour before sun­ rise or at any other time when the atmos­ pheric conditions are such that objects on the highway are not plainly visible at a dis­ tance of three hundred feet,-

THE MOTOR VEI-IICLE ORDINANCE 21 (

a) no motor vehicle shall be in lIIotion on any highway unless both head­ lamps are alight and are providinv sufficient light to make clearly visible objects on the highway at a distance of three hundred feet ahead of the ve­ hicle; (

b) no bicycle or motorcycle shall be in motion upon any highway unless the lamp or lamps with which it is requir­ ed to be equipped are alight; (

c) no motor vehicle shall be in motion upon any highway unlcs3 the tail lamp with which it is required to be :>q'jip­ ped is alight; (

d) no motor vehicle shall be stationarv on any highway outside the corpoJ"8te limits of any city, town, or village un­ less it has either a lit tail lamp or re­ flector affixed to the left of the rear end thereof of any type approved by the Controller, so fixed as to reflect the lights of any motor vehicle ap­ proaching the stationary vehicle from the rear; (

e) no vehicle other than a motor vehicle, motor cycle or bicycle shall be upon any highway whether in motion or sta­ tionary unless there is displayed thp.re­ on at least one light visible at a dis"­ tance of at least one hundred feet from the front of and behind that ve­ hicle, or in the alternative, there are affixed thereon one reflector towards the front and one reflector at the rear

Lamps on vehicles of fire depart­ ment Search lights prnhlblted Spot lights 22 THE MOTOR VEHICLE ORDINANCE thereof of a type approved by th(~ Controller, so fixed as to reflect the lights of any motor vehicle approach­ ing from the front and the other so fixed as to reflect the lights of any motor vehicle approaching from the rear; (

f) no vehicle drawn by or attached to a motor vehicle, commonly known as a trailer, shall be upon any highway un­ less it has affixed at the rear thereof a reflector of a type approved by the Controller, so fixed as to reflect the lights of any motor vehicle approach­ ing from the rear.

(2) Any city, town or village may by by-law de­ fine an area or areas within which any mo­ tor vehicle or other vehicle while stationary upon a highway, shall between the hours of one hour after sunset and one hour before sunrise, have a lighted lamp thereon or a lighted lamp or lamps to the front, and either a red lighted lamp or a reflector of a type approved by the Controller, to the rear_ 26. In the case of a .motor vehicfe belonging to a muni­ cipal fire department, the lamps may cast a red light only, or such coloured light as may be designated by by-law of the council.. 27,

(1) No motor vehicle shall be equipped with what is known to the trade as a search light.

(2) A spot light may be carried upon any motor vehicle and when the vehicle is in motion the ray of light therefrom shall be directed to the extreme right of the travelled portion of

THE MOTOR VEHICLE ORDINANCE 23 the highway.in such a manner that the beam of light shall strike the extreme right of the travelled portion of the highway within sev­ enty-five feet of the vehicle. 28.

Every vehicle carrying a load which overhangs the Red light rear of the vehicle to the extent of five feet or more shall ~~?re~a~;e- display upon the overhanging load, at the extreme rear end thereof, during the period from one hour after sunset to one hour before sunrise, a red light, and at all other times a red flag, sufficient to indicate the projection of the load. ~"ojectlng load 29. ( 1 ) (2) (3 ) BRAKES Every motor vehicle shall be equipped with Brakes ,'e­qulred adequate brakes.

Every. person driving or operating a motor Inspection of . brakes upon vehicle on any highway shall upon request of request any police constable or of any officer appoint- ed for the carrying out of the provisions of this Ordinance, permit the constable or of- ficer to inspect and test the brakes with which the motor vehicle is equipped, and for that purpose to operate the motor vehicle, or at the option of the constable or officer the person for the time being operating the vehicle shall operate th'e motor vehicle as directed by him for the purpose of the in- spection and testing of the brakes, and the constable or officer shall, if the brakes are not adequate, notify the person operating the vehicle thereof, and thereupon the oper- ator shall forthwith proceed to have the brakes made adequate.

The service brakes upon any motor vehicle Two-wheel which is equipped with two-wheel brakes b~~~: shall be deemed to be not adequate unless

8Cl'vice bl"ake~ on other vehi­ r.les Hand bmke 24 THE MOTOR VEHICLE ORj)INANCE they are capable of bringing the vehicle to a standstill when the brakes are applied when the vehicle is moving at a speed of twenty miles an hour within a distance of forty feet from the point at which the brakes are applied, when loaded to its full capacity on a level surface consisting of dry paving of asphalt or' concrete which is fn .. e· from loose materiaL

(4) The service brakes upon any other motor vehicle or combination of vehicles shall be deemed to be not adequate unless they are capable of bringing the vehicle or combina­ tion of vehicles to a standstill when tht! brakes are applied when the vehicle is mov­ ing at a speed of twenty miles an hour within a distance of forty feet from a point at which the brakes are applied, when loaded to its full capacity on a level surface consist­ ing of dry paving of asphalt or concrete which is free from loose material.

(5) The hand brake upon any motor vehicle or combination of motor vehicles shall be deem­ ed to be not adequate unless it is capable of bringing the vehicle or combination of ve­ hicles to a standstill when the brake is ap­ 'plied when the vehicle or combination of vehicles is moving at a speed of twenty miles an hour within a distance of forty-five feet from the point at which' the brake is first ~pplied, when loaded to its full capa­ city on a level surface consisting of dry as­ phalt or concrete paving free from loose ma­ terial; and shall be capable of holding the vehicle or combination of vehicles at a stand­ still upon any grade upon which the same is operated_ -

.10. 31. THE MOTOR VEHICLE ORDINANCE ( 6) "11 b k h 11 11' b .. d Brake ad-.. 1. ra es s a at a times e maIntaIne justment ( f ) ( 2) ( 1 ) in good working order and shall be so ad- justed that the brake pressure upon tht: wheels on each side of the vehicle is as near­ ly as possible equal. GENERAL Every motor vehicle. motor cycle and bicycle shall be equipped with an adequate horn, gong or bell and it shall be kept in good working order and shall be sounded when­ eVI!r it is reasonably necessary to warn per­ sons on or approaching the highway in the vicinity of the vehicle or motor cycle or bicycle.

No person having the control of. any motor vehicle, motorcycle or bicycle shall USe the horn, gong, bell or other signalling device tlwreon except for the purpose of giVing notice to persons on or approaching the high­ way in the vicinity of the motor vehicle, mo­ torcycle or bicycle of the approach of the vehicle, and in so doing shall not make any more noise than is reasonably necessary for the purpose of "giving warning.

Every motor vehicle using gasoline or other fluid of a like nature shall be equipped with a muffler of such kind and description as to prevent any unreasonable noise in the operation of the engine of the vehicle.

(2) No person operating, or having under his control, or in his charge any motor vehicle on any highway in any city, town or village, shall cut out the muffler, or open the cutout of the vehicle, while the engine thereof is in operation. Horn re­quired Use of horn Muffler re­quired

near \"I~lon lIlirru,o Vehicle to hav" wlnd­ "hield wiper Driving at IInreasonable ra te or speed Speed prima rncie unrea­ "onable "" 26 THE MOTOR VEHICLE ORDINANCE 32.

(1) Every motor vehicle shall carry a mirror securely attached to it and placed in such a position as to afford the driver a clear view of the roadway in the rear, and of any vehicle approaching from the rear.

(2) In any case where the view afforded by any such mirror is obstructed or interfered with by a trailer attached to the motor vehicle or otherwise, a side rear vision mirror or other mirror shall be attached to the motor ve­ hicle and placed in such a position as to a f­ ford the driver a clear view of the roadway in the rear of any vehicle approaching from the rear. 33. Every motor vehicle other than a motorcycle, shall. be equipped with a device for cleaning rain, snow and other mOisture from the windshield, so constructed as to be con­ trolled or operated by .the driver. RATE OF SPEED 34.

(1) No person shall drive a motor vehicle on a highway at any rate of speed which is un­ reasonable having regard to all the circum­ stances of the case, including the nature, con­ dition and use of the highway, and the a­ mount of traffic which then is, or might reasonably be expected to be .. on the high­ way.

(2) Any person driving any motor vehicle within any city, town or village at a greater rate of speed than twenty-five miles per hour, or at a greater rate of speed than ten miles per hour "in turning a corner, or at a greater rate of speed than forty miles per hour upon any highway outside of a city, town or

THE MOTOR VEHICLE ORDINANCE 27· (3) village, shall pnma facie be deemed to be driving at an unreasopable rate of speed. Any person driving a motor vehicle, when approaching or at a street corner or curve, where the driver of the vehicle has not a clear view of the approaching traffic, at a greater rate of speed than ten miles per hour in a city, ,town or village, or twelve miles per hour outside a city, town or village, shall prima facie be deemed to be driving at an unreasonable rate of speed. 35.

Any motor vehicle equipped with a Slren,- 36. (a) (b) (c) , which is being used for the transportation of any member of a fire brigade or any policeman or any fire-fighting equipment to a fire; or which is being used for the tral1sportation of policemen for the purpose of detecting or preventing crime or making arrests; or which is an ambulance and is being used in response to an emergency call,- may whilst being so used and whilst the siren is being continuously sounded be op­ erated at such speed as is reasonable and proper having regard to the traffic or­ dinarily upon and the use of the high­ way and the fact that it is being so used. ( 1 ).

The Council of a municipality or other au­ thority having jurisdiction over a highway may make regulations limiting the rate of ( speed of any vehicle passing over a ~ridge' and may therein fix a penalty not exceed­ i~g twenty dollars for the breach thereof, Blind cU\"\'es or corners Speed whll" siren belli!:, sound .. rl Speed on bridges

Passing on graded high­ wa.y Passing hOI'se-drlven vehicles 28 THE MOTOR VEHICLE ORDINANCE and notice of the limit of speed fixed by the regulation shall be posted up in a conspicuous place at each end of the bridge.

(2) Such notice shall be in the following form: "Notice" "Any person riding or driving over this "bridge :1.t a faster rate than miles an hour, shall, on conviction thereof, be sub- ject to a fine of dolla rs." RULES OF THE ROAD 3 7. ( 1 ) Outside the limits of cities, towns or villages any person operating a motor" vehicle, upon approaching a graded portion of any high­ way where, on account of the manner of the construction of the grade, it is impossible or dangerous for the motor vehicle and an­ other motor vehicle or a horse or horses be­ ing driven in an opposite direction to pass each other, shall, before entering upon or along the graded portion of the highway, stop the motor vehicle, and if any other motor vehicle "or horse being driven.as afore­ said, is or are upon the graded portion, wait until the motor vehicle, horse or horses have first passed along the grade and passed the motor vehicle before he proceeds.

(2) A person travelling or being upon a high­ way, in charge of a motor vehicle, on meet­ ing a vehicle drawn by one or more horses, at a point where the road is built along a bluff, embankment or hillside with a wall or steep ascent on the"" inside of said road and a drop or steep deClivity on the outside of said road, shall turn out to the outside

THE MOTOR VEI-lICLE ORDINANCE 29 of said road to pass the vehicle drawn by onc or more horses and the person in charge of the vehicle drawn by one or more horses shall turn out to the inside of said ro~d and shall pass between said motor vehicle and the wall or bluff on the inside of 'said road. 38. No person driving a motor vehicle shall pass or at­ tempt to pass any other motor vehicle proeeding in the same direction on any hill, curve or bridge or any of the ap­ proaches thereto. Passing on hili. curve or bridge 39. ( I ) (2) (3)

(4) Any person acting as the driver of a vehicle shall when meeting another vehicle keep his vehicle at all times to the right of the centre line of the highway. Vehicle keeps to the right I f . h d' f Vehicle . any person acting as t e river 0 a ve- overtakes hide desires to pass another vehicle or horse- ~::cltl~:sl~~~ man travcl:ing along the highway in the same direction, he shall in passing keep his vehicle to the left of the other vehicle or horseman or to the left side of the centre line of the highway.

Any person acting as the driver of a vehicle Highway shall not drive to the left side of the centre ~~ag';n;hen line of a highway in overtaking and passing another vehicle or horseman unless the left side of the highway is free from approach- ing traffic for a sufficient distance ahead to permit such person to overtake and pass the other vehicle or horseman in, safety.

If any horseman or person acting as the dri­ ver of a vehicle is overtaken upon a highway by a vehicle travelling in the same direction, he shall allow such vehicle to pass and shall keep to the right of the centre line of the Vehicle be­ Ing over­ taken allow" free passage

Siren prot.1· h!ted Vehicles 9top when .~Iren flounded . P'lrkln~ on highway 30 THE MOTOR VEHICLE ORDINANCE highway so as to allow the free passage of the road by the overtaking vehicle.

(5) If any driver of a vehicle cannot for any reason keep to the right or the left of the centre line of the highway so as to allow the immediate free passage of the road by another vehicle, as directed by this section, he shall ~top and, if necessary, aid the dri­ ver of the other vehicle to pass in any man­ nerpracticable. 40. ( 1 ) No person shall drive a motor vehicle to which a siren is attached other than a motor vehicle which is used,- (

a) tor the transportation of any mem­ ber of a fire brigade or of any fire­ fighting equipment; or (

b) for the transportation of any police­ man; or (

c) for an ambulance,- unless the Controller has speci fically authorized him so to do.

(2) Any. person driving a motor vehicle and meeting or being overtaken by a motor ve­ hicle on which a siren is being sounded, shall, having regard to all the circumstances of the case, bring the vehicle he is driving to a stop at the extreme right hand side of the highway as soon as it is reasonably possible, and shall remain stopped until the vehicle sounding its siren has passed . 41.

(1) No person- shall park or 'leave standing any vehicle, whether attenaed 'or unattended,

THE MOTOR VEHICLE ORDINANCE 31 upon the travelled portion of a highway out­ side of :i city, ,town or village, when it is practicable to park or leave the vehicle off the travelled highway; provided that, in any event, no perJon shall park or leave stand­ ing any vehicle whether attended or unat­ tended upon the highway unless a clear and unobstructed width opposite the vehicle is left for free passage of other vehicles there­ on, and unless a clear view of the parked or standing vehicle may be obtained for a distance of two hundred feet along the high­ way in both directions.

(2) No vehicle shall remain at a standstill on any highway any longer than one minute at any place which is within thirty feet of the point of intersection of that. highway with any other highway. 42. The driver of every vehicle shall, before turning the vehicle to the right or left or stopping it, give such sig­ nals of this intention so to do in such manner as may be pre­ scribed by the Regulations. 43. Any person driving a vehicle on a highway shall, at the intersection of the highways, keep to the right . of the intersection on the centre lines of· the high­ ways when turning to the right, and keep to the right, of the intersection of the centre lines when turning to the left.

(1) Whenever any vehicle is turning from one highway into another the driver of any other vehicle approaching the -intersection of the highways to the right of the vehicle shall have the right-of-way, and similarly, the dri­ ver of the first mentioned vehicle shall have the right-of-way over any vehicles approach- Driving signals Turning at Intersection Right of way at Intersec­ tion

Stop stre(!t~ 32 THE MOTOR VEHICLE ORDINANCE ing the intersection of the highways on his left.

(2) The driver of a vehicle approaching an in­ tersection of highways or a cross-road shall yield the right-of-way to a vehicle which has entered the intersection. (3) 'Nhen two vehicles enter upon an intersec­ tion at the sallle time, that vehicle shall have the right-of-way which entered the in­ tersection from the .right-of-the-driver of the other vehicle. 44. ( 1) Every vehicle about to enter upon any main highway as may be defined as such by any Ordinance, or upon any other highway, which, at the request of the local governing body has been designated and marked as a highway at which vehicles are required to stop or upon any intersection at which it is required to stop by any by-law of any city, town or village, shall be brought to a stop at a point not less than ten feet nor more than fifty feet from such highway, and shall not enter upon the highway either for the purpose of crossing it o~ of pro­ ceeding along it until the conditions of traf­ fic on the highway are such that the vehicle can enter upon the highway with safety.

(2) The driver of a vehicle entering a highway from a private road or drive or from an alley-way or lane or from a street or high­ way on which he is required to stop before entering such highway, shall yield the right­ of-way to all vehicles upon such highway.

THE MOTOR VEHICLE ORDINANCE 33 45. No person shall drive any vehicle on any street or highway within any city, town or village in such a manner that the same crosses from one side of the street or high­ way to the other side thereon between intersecting streets or highways. 46. Notwithstanding any other provisions of this Ord­ inance, every person whilst engaged . upon the work of maintenance of a highway shall be entitled to drive or op­ erate any vehicle required for the w,ork, upon such portion of the highway as may be requisite for the nec~ssary, regu­ lar or convenient discharge of h'is duties. 47 ..

When a street railway car or a van operated by a school district for the transportation of school children, which bears a sign both in the front and ;ear thereof with the words "School Van" thereon has stopped to receive or discharge passengers, no vehicle shall overtake and pass such car or van until all persons who are about to enter or leave the same are safely clear of the path of the vehicle: provided, however, that nothing in this

section shall be deemed to prevent any vehicle from passing a stationary street railway car at an intersecrjon where a safety zone has been provided for pas­ sengers: 48.

An operator of any vehicle, when transporting gas­ oline other than the gasoline used for propelling the ve­ hicle and contained in the tank or container of the motor vehicle, shall, before proceeding over any legal railway crossing, whether or not a train can be seen or heard ap­ proaching the crossing, bring the vdlicle to a dead stop and shall not proceed until satisfied that it is sa fe to do so. 49. ( 1 ) If an accident occurs to any person whether on foot or horseback or in a vehicle, or' to any horse or vehicle in charge of any per­ son owing to the presence of any motor Driving In city. town or \'lIIage Malntenallce \'ehlcle~ Passing street car or school van prohlblte!d Proviso Gasoline trucks stop at railway Crossings Driver to return to scene of ac­ cident

Heport accl­ <lent to police Inability to report lnrormatlon to police 34 THE MOTOR VEHICLE ORDINANCE vehicle on any public highway, the person in charge of the motor vehicle shall return to the scene of the accident, render all rea­ sonable assistance, and give to any person sustaining loss or injury or to, any peace officer or to a witness, his name and ad­ dress, and also the name and address oi the owner of ~he motor vehicle, and the re­ gistration number of the motor vehicle, to­ gether 'W'ith such other information as may be requested. (2) ,Every person in charge of a motor vehicle who is directly or indirectly involved in an accident shall: if the accident results in per­ sonal injuries, or in damage to property ap­ parently exceeding twenty-five dollars; re­ port the accident forthwith to the nearest po­ lice officer or constable, and furnish him with a written statement concerning the ac­ cident on such forms as may be prescribed by the Controller_ (J.) Where such person is physically in<:apable of making a repor't, and there is another oc­ cupant of the m'otor vehicle, the other oc­ cupant shall make the report. ( 4 ) Every police officer or constable recelVtng a report of an accident shall secure from the person making the report, or by other inquiries where necessary, such particulars of the accident, the persons in volved, the extent of the personal injuries or property damage, if any, and such other information as may be necessary to complete a written port concerning the accident to the Con­ troller.

so. THE MOTOR VEHICLE ORDINANCE 35

(6) Every bffic'er or constable of the Royal Can­ adian Mounted Police, and every chief of police, municipal clerk, or officer or con­ stalYle of municipal police who receives or completes any report made pursuant to this sestion shall, within twenty-four hours after the receipt of completion of the report, mail or deliver a copy of the' same to the Con­ troller on such forms as' may be prescribed by the Controller.

Ev-ery insuni.nc·e c0rl1pany' which receives a claim, under a motor vehicle liability policy, in respect of .personal injuries, or damage to property exceeding twenty-five dollars, shall forthwith give nObce thereof to the Controller and shall furnish su'ch other in­ formation as' the Controller may require. POlice report to Controlkr Insurance Companies 10 report claims to Controller RIGHTS' AND DUTIES OF PEDESTRIANS (

I) At intersections of highways where traffic .is controlled by traffic cO,ntrol signals 'pedes­ . t"rians shall cross the' highway only in the direction in which vehicles are permitted to move, and drivers of vehicles when turning, shall yield the' right-of~way to pedestrians whe-n so crossing: Ped<:slrlans observe traffic Sig­ nals at In­ tersections The operator of a vehicle shall yield the Pedestrians have right right-of-way to a pedestrian crossing the of way at Intersection" roadway upon' or within any crossing at an intersection except at intersections where the movement of t'raffic is regulated by a police officer or traffi~ control signal, or at any point where a pedestrian tunnel or over· head crossi~g has been provided.

This pro-' vision shall not relieve the pedestrian from the duty' of exercising due care for his safety.

Passing stopped ve­ hicle at in­ tersection prohibited Vehicles have right or way bet­ ween Inter­ sections Traffic slgn­ nals at In­ tersections Pedest,rlan~ required to use walks Pedestrians keep to the left ·36 THE MOTOR VEHICLE ORDINANCE (3) \tVhenever any vehicle is stopped at a marked crossing or at an intersection to permit a pedestrian to cross the roadway, it shall be unlawful for the operator of any other ve­ hicle approaching from the rear to over­ take and pass the stopped vehicle.

(4) Every pedestrian crossing a roadway at any point other than within a marked or un­ marked crossing shall yield the right-of-way to vehicles upon the roadway, provided that this provision shall not relieve the driver of a vehicle from the duty of exercising due care for the safety of pedestrians.

(5) At intersections where traffic is controlled by traffic control signals or a by a police offi­ cer, operators of vehicles shall yield the right­ of-way to pedestrians crossing or those who have started to cross the roadway on a green or "go" signal, and in all other cases, pedestrians shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green or "go' signal.

(6) In any case where a sidewalk or path is locat­ ed beside any highway, pedestrians shall at all times when reasonable and practicable to do so, use the sidewalk or path, and shall not walk or remain on the highway; provid­ ed, however, that this provision shall nqt relieve the driver of a vehicle from the duty of exercisjng due care for the safety of pedestrians. .

(7) No person shall walk or remain on the paved or travelled portion of a highway otherwise than close to his left hand edge of that por-

THE MOTOR VEHICLE ORDINANCE 37 tion and any driver approaching and pass­ ing a pedestrian so walking on a highway shall drive as near to the centre of the road as he may safely do, and shall pass on the right hand side of· such person. PROHIBITIONS 51. No person shall use, interfere or tamper with any motor vehicle or any of its accessories, or anything placed therein or thereon, without the c~nsent' of the owner. 52. No person shall;- (

a) deface or alter any number plate issued under the provisions of this Ordinance; or (

b) use or permit the use of any defaced or al­ tered number plate; or (

c) permit any number plate issued to him to be used in contravention of the provisions \)f this Ordinance. 53. No vehicle shall be operated on any highway un­ less all the requirements of this Ordinance as to -the equip­ ment thereof are at' all times complied with. 54. 55. ( 1 ) , No person shall throw or place upon a high­ way any glass, nails, scraps of metal or other material injurious to the tires of a motor vehicle.

(2) No person shall unless au~horized so to do by the highway authority deposit ashes, sand, soil or any other matter upon a snow-cover­ ed highway. ( 1 ) No person shall employ for hire anyone who is not the holder of a chauffeur's license, to drive a motor vehicle. lise of moUr vehicle with­ out consent prohibited Improper ""e of and defacing nllmber plates prohi­ bited Operation wlthollt proper p.qulpment prohibIted DeposIting of materIals on hIghway prohIbited Employment ut driver other than chauffeur prohibited

Hentlng to unlicensed person pro­ hibited Racing pro­ hibited Driver re­ Plllred to stop by police Erection of signs prohi­ bIted Defacement ·of signs prohibIted Sale of parts' . prohibited· 38 THE MOTOR VEHICLE ORDINANCE

(2) Except as otherwise provided herein, no per­ son shall permit anyone who is not the. hold­ er. of a driver's or chauffeur's license to drive his motor vehicle. 56. No person shall hire or let for hire a motor vehicie: unless the person by whom the motor vehicle is to be driv­ en is authorized under the provisions of this Ordinance to drive the motor vehicle. 57. No person: shall drive a motor vehicle upon a· highway in a race, or ~n a bet or wager. 58.

Every person who is driving a vehicle shall, im­ mediately he is signalled or requested to stop by a constable or police officer in uni form, bring his vehicle to a dead stop and furnish such information respecting the vehicle as the ·constable or police offi'cet· may req"uire and shall not start the motor vehicle until such time as he is permitted so to do by the constable or police officer. I 59.

(1) No person other than a- person authorized so to do by the Controller shall erect or dis­ play" oil or in the vicinity ot any highway any sign or notice giving any warriing or dir~ ection as to the use of any highway by any person on a highway.

(2) No person shall throw down, deface or other­ wise· i"njure any sign lawfully erected under the authority of this

section for the purpose of guiding or warning- motorists or other tra vellers_ 60. ( 1 ) No person shall self ot offer for sale or ex:: pose for sale any portion or a motor vehicle or of the engine' thereof or any accessory there for which ha:s been-: seriali y numbered

TI-IE MOTOR VEHICLE ORDINANCE 39 by the manufacturer or maker, if the serial number has been removed, obliterated or ef­ faced or if the serial number is not clearly visible.

(2) This

section shall not apply to the sale of tires which are sold as seconds. 61. No person shall use or be in possession of a driver's or chauffeur's license belonging to any other person or of a driver's or chauffeur's license which is fictitious or which has been cancelled or suspended, nor shall any per­ son who holds a driver's or chaufeur's license permit any other person to use or be in possession of such license. 62.

No person shall apply for or procure or attempt to procure the issuance of a new driver's or chauffeur's li­ cense to himself during a period when his license is cancel­ led or suspended or during a period when he is disquali fied from holding a license, not-withstanding that the year for which the license was' issued has expired. 63. No person shall apply for or procure or attempt to procure the registration of a motor vehicle during a per­ iod when the registration of a motor vehicle or the certifi­ cate of registration issued therefor is suspended or can­ celled. ADMINISTRATION 64.

The Controller may appoint such persons or offi­ cers as he may deem necessary for enforcing and carryIng out the I?rovisions of this Ordinance. 65'., All members of the Royal Canadian Mounted Polic,e and all police constables and officers and all other pea<!e officers, shall be ex-offic,io offic;.ers for the purpose of carrying out and enforcing the: provisions of this Ordinance. PossessIon of license prol;1blted Application for new li­ cense pro­ hIbIted when old license Is suspended' Appllca.tlon for registra­ tion prohl­ blt.ed when already Sl\S­ pended etc, ,Appofntment of officers R.

C, M. p, and police ex -offiC'lo 'of­ f
cers

40 THE MOTOR VEHICLE ORDINANCE Hegulatlons 66. The Controller may make such regulations as are necessary to carry out the provisions of this Ordinance ac­ cording to their obvious intent or to meet cases which arise and for which no provision is made by this Ordinance, and without in any way restricting the' generality of the fore­ gOing, may make regulations,- (

a) prescribing forms and fixing the times at which and the persons to whom return shall be made; (

b) prescribing the design and position of lights and reflectors to be used upon vehicles; (

c) prescribing the requirements as to brakes on mot~r vehicles and requiring the periodic inspection, testing and adjustment thereof; (

d) prescribing the form, design and manner of display of any marker or number plate is­ sued by the Controller instead of the pre­ scribed number plate or plates, and making any incidental provisions that may be neces­ sitated by the substitution of the marker or number plate for the prescribed number of plate or plates; / (

e) prescribing any equipment required and the types and uses thereof on motor vehicles; (

f) requiring the periodic inspection, testing and adjustment of any mechanical equipment of any motor vehicle; (

g) prescribing and requiring the use of devices and other means to prevent accidents or thefts of motor vehicles; (

h) prescribing fees for licenses, permits and certificates required pU,rsuant to this Ord­ inance;

67. THE MOTOR VEHICLE ORDINANCE 41 (

i) prescribing terms and conditions governing the registration, use and operation of motor vehicles whether new'or second-hand, which are owned, kept or used by any manufacturer or dealer; (

j) prescribing generally as to any other matter or thing deemed necessary for the better carrying out of the intention and the 'provi­ sions of this Ordinance, the doing of which is permitted by this Ordinance. ( 1 ) (2 ) The Controller may from time to time ap­ point such persons as he may think fit as motor vehicle inspectors who shall have such duties as may be' assigned to them by him. The Controller shall give all powers confer­ red upon him by this Ordinance to such per­ son or persons as he may deem advisable. POWERS OF OFFICERS 68.

Every driver of a motor vehicle shall produce his license for inspection when requ~sted to do so by any inspector or peace officer. 69, Any inspector or police officer may at any time stop and inspect or cause to be inspected any equipment on a vehicle on a highway and may, if such equipment or any part thereof does not conform with the provisions of this Ordinance, require the driver or owner thereof to have the equipment made to comply therewith, and the driver or owner thereof shall forthwith proceed to comply with this Ordinance, 70.

Any insp'ect9r or peace officer who has reason to beli~ve that a motorychicle is carrying number plates which were not issue"d fo'r it, or which although issued for it were Appointment ot motor "ehlde Inspector" Del~gatlon or Control­ ler's power',. Production of license Inspection of vehicles on highway seizure of number plates

Seizure or abandoned vehicle Onus on d\\'ller or driver of motor vehicle Onus where Ordinance eontravened Onus on uwner to dlsprove liability It Ordinance violated 42 THE MOTOR VEHICLE ORDINANCE obtained by false pretences, may take possession of such number plates and retain them until the facts as to the carrying of such number plates have been determined. 71.

Every inspector or peace officer upon the discovery of any motor vehicle apparently abandoned on or near a highway or of any motor vehicle without proper registra­ tion plates, may take the motor vehicle into his custody and may cause it to be taken to and stored in a suitable place and all costs and charge~ for removal, care or storage there. of, shall be a lien upon the motor vehicle.

PROCEDURE AND EVIDENCE 72. ( 1) "Vhen any loss or damage is sustained or in­ curred by any person by reason of a motor vehicle in motion, the onus of proof that the loss or damage did not entirely or solely a­ ries through negligence or improper conduct of the owner or driver of the motor vehicle shall be upon the owner or driver of the mo­ tor vehicle. (~) This

section shall not apply in the case of a collision between motor vehicles upon a highw<!-y. 73. ",There a motor vehicle is operated upon a highway in contravention of any provision of this Ordinance, and loss or damage is sustained by any person thereby, the onus of proof that the loss or damage did not arise by rea­ son of the contravention of this Ordinance shall be upon the owner or driver thereof. 74. The owner of a motor vehicle for which a certifi­ cate of registration has been issued under the provisions of this Ordinance shaH be guilty of an offence and liable for any violation of any of the provisions thereof in connection with the operation of the motor vehicle, unless the owner

THE MOTOR VEIIlCLE ORDINANCE 43 proves to the satisfaction of the justice of the peace or police magistrate trying the case that at the time of the offence the motor vehicle was not being driven by him· or by any other person with his consent, express or implied; Provided that if the owner was not at the time of the offence driving the motor vehicle, he shall not in any event be liable to imprisonment. 75.

Upon any person being charged with an offence under any of the provisions of this Ordinance, if the justice of ·the peace or police magistrate trying the case be of opinion that the offence was committed wholly by accident or misadventure, and without negligence, and could not by the exercise of reasonable care or precaution have been avoided, the justice of the peace or police magistrate may dismiss the case. Pro'"lso Accident or mlsad'"en­ture w~thollt negligence 76.

When proqf of ownership of any motor vehicle or Prima facie of the suspension or revocation of any license issued under ~~~:~"c~iP~r the provisions of this Ordinance is required, the production ~~n~~o~II~~ of a certificate purporting to be under the hand of the Con- re'·oC:ltlnn troller or his deputy, to the effect that the person named therein is the registered owner of the vehicle, or that the license of the person named therein has been suspended or revoked, shall be prima facie evidence thereof, without proof of signature or official character. 77.

Nothing in this Ordinance shall be construed to Action for ·1 b ·d h . h f negligence curtal or a rJ ge t e rig. t 0 any person to prosecute an not affected action for damages by reason of injuries to person or prop- erty resulting from the negligence of the owner or operator ·of any motor vehicle or from the negligence of any agent "or employee of the owner. '78.

In any action for the recovery of loss or damage! dPersollds . eeme to sustained by a person by reason of a motor vehicle upon a be agent or highway, every person driving the motor vehicle who is ~;::rnt of ,~iving with and as a member of the family of the owner

I.imitatlon of action!! Limitation of action by gratuitous pnssenger 44 THE MOTOR VEHICLE ORDINANCE thereof and every person driving the motor vehicle who has acquired possession of it with the consent, express or im­ plied, of the OWnl~r thereof shall be deemed to be the agent or servant of the owner of the motor vehicle and Ito be employed as such, and shall be deemed to be driving the {Tlotor vehicle in the course of his employement from the liability for the damages. 79. ( 1) No action shall be brought against a person for the recovery of damages occasioned by a motor vehicle after the expiration of twelve months from the time when the dam­ ages were sustained.

(2) Notwithstanding subsection (1) of this sec­ tion, when an action is brought within the time limited by this Ordinance for the recov­ ery of damages occasioned by a motor ve­ hicle and a counterclaim is made or third party pro"ceedings a.re instituted bya defen­ dent In respect of damages occasioned In the same accident, the lapse of time limited by this Ordinance shall be no bar to the counterclaim or third party proceedings. (3)" Any prosecution or proceedings taken or in­ stituted to enforce the provIsions of this Ordinance shall be commenced within one month of the time when the offence was committed and not afterwards. 80. ( 1 ) No person transported by the owner or dri­ ver of a motor vehicle as his guest without payment for the transportation, shall have a cause of action for damages against the owner or driver for injury, death or loss, in case of accident, unless the accident was caused by the gross negligence or wilful al1 d wanton misconduct of the owner or opera~

THE MOTOR VEHICLE ORDINANCE 4S tor of the motor vehicle, and unless the gross negligence or wilful and wanton mis~ conduct contributed to the injury, death or loss for which the action is brought.

(2) The provIsions of this

section shall not re­ lieve any person transporting passengers for 'hire or gain or any owner or operator of a motor vehicle while the motor vehicle is be­ ing demonstrated to a prospective purchaser, of responsibility for any injury sustained by a passenger being transported, for hire or gain or by any such prospective purchaser. OFFENCES AND PENALTIES 81. Except as otherwise provided herein, any person violating any of the provisions of this Ordinance shall be guilty of an offence and liable on

summary conviction. (

a) for a first offence to a penalty of not more than fi fty dollars and costs; (

b) for a second offence to a penalty of not more than fi fty dollars and costs; (

c) for a third or subsequent offence to a pen­ alty of not more than one hundred dollars and costs. 82. Any person failing to produce his driver's or chauf­ feur's license when demanded bv any police officer or inspec­ tor, shall he guilty of an offen~e and liable upon

summary conviction to a penalty of not more than five dollars and costs. Violation of Ordinance Failure to produce li­ cense 83. Every person who operates any vehic1e on any Equipment h· h . hi' . h h' f h' of vehicles Ig way Wit out comp ylng Wit t e requirements 0 t IS Ordinance as to equipment, and every person: by whose per-.

Obstruction ryf officers False -state­ ments In ~ppllcatlon9 or declara­ tions 46 TilE MOTOR VEHICLE ORDINANCE mission any vehicle is so operated, shall be guilty of an of­ fence in respect of each and every requirement which is notcompliC!d with. 84. Any person who obstructs, molests or interferes with any inspector, police officer or constable in the perfor­ mance of duties imposed upon him by this Ordinance, shall be guilty of an offence and liable on

summary conviction,- (

a) for a first offense to a penalty of not more than one hundred dollars and costs,- (

b) for a second offence to a penalty of not more than three hundred dollars and costs;- (

c) for a third offence to a penalty of not more than five hundred dollars, or to imprison­ ment for a term not exceeding six months, or to both fine and imprisonment. 85. Any person who knowingly makes any false sta te­ ment of fact in any application, declaration, or other docu­ "ment required by this Ordinance, or by the Controller in order to procure the issue to him of a license or certificate of registration, shall be guilty of an offence and liable on

summary conviction in addition to any other penalty or punishment to which he may be liable,- (

a) for a first offence to a penalty of not more than one hundred dollars and costs; Cb) for any subsequent offence to a penalty of not more than two hundred dollars and . costs, or to imprisonment for any term not exceeding one month or to both fine and im­ prisonment.

86. 87. THE MOTOR VEHICLE ORDINANCE 47 ( 1 ) (2) ( 1 ) Any person who operates a motor vehicle Operation . h b· . . f'· . of vehIcle WIt out a su SIStlOg certl Icate or reglstra- wIthout . h f' . h b·· d· ,certificate or tlOn t ereo , or WIt out a su SIStlOg rIver S license or chauffeur's license, as the case may be, shall be guilty of an offence and liable upon

summary conviction: (

a) for a first offence to a penalty of not more than one hundred dollars and costs, and shall also be liable to im­ prisonment for a term not exceeding thirty days; and (

b) for any subsequent offence to a pen­ alty of not more than five hundred dollars and costs, and shall also be liable to imprisonment for a term not exceeding six months. Any person who operates a motor ve'hide Operation f h 11 . . f h of vehIcle a ter t e cance atlOn or suspensIOn 0 t e when license certi ficate of registration thereof, or of h is or certifIcate cl'lncelled driver's or chauffeur's license as the case may be. shall be guilty of an offence and liable on

summary conviction to the penal- ties provided in suh$ection (1). Any person violating the provisions of this Ordinance respecting the rate of speed shall be guilty of an offence and liable on sum­ mary conviction,- (

a) for a first offence to a penalty of not more than fifty dollars and costs; (

b) for. a second offence to a penalty of not more than one hundred dollars and costs; Unreason­able rate of speed

F'nr'feltllre of liecnse Indorsntion of conviction on license. permIt or certifIcate Unllgt:ted bIcycle '..,nolln,lIng of motor vehIcle 48 THE MOTOR VEHICLE ORDINANCE (

c) for a third or subsequent offence, to a penalty of not more. than two hund­ red dollars and costs, or to i IIIprison­ ment for a term of not less than two weeks nor more than one month, or to both penalty and imprisonment,

(2) The license of any person committing any offence against the provisions of this Ordin­ ance respecting the rate of speed subsequent to a conviction for a second offence under these provisions, shall ipso facto become forfeited, cancelled and void. 88. \\Thenever any person who is the holder of any license, permit or certificate of registration issued pursuant to this Ordinance is convicted of an offence against any of the provisions of this Ordinance, the convicting judge, police magistrnte, or justice of the peace, shall indorse on such license, permit or certificate of registration the par­ ticulars of the conviction, and' may suspend or cancel the license, permit or certificate of registration. 89.

Any person who has a bicycle on any highway in contravention of paragraph (

b) of subsection (1) of sec­ tion 25, shall be guilty of an offence and liable on

summary conviction,- (

a) for a first offence to a penalty of not more than ten dollars and costs: (

b) for a second or subsequent offence, to have the bicycle impounded for a period of not less than seven days, and to a fine of not more than twenty dollars and costs. 90. ( 1 ) \Yhere any person has been convicted of any offence against the provisions of

section 34 or

section 57 committed in a city, and is with-,

THE MOTOR VEHICLE ORDINANCE 49 in a period of one year thereafter convicted of a similar offence in any city, the ·magis­ trate, justice of the peace or justices of the peace making the conviction may by the con­ v.iction or by a subsequent order direct that the motor vehicle in which the offence wa~ committed, if the person convicted is the owner thereof, or has any beneficial interest therein, shal be impounded and kept by the police at the cost and risk of, the person sq convicted, for not more than fourteen days. (2) \Vhen any person after having been convict­ ed of any offence which may ·lead to the im­ pounding of his motor vehicle is subsequent­ ly convicted of any offence against the pro­ visions of

section 34 or

section 57 within a city, the vehicle in which the offence was committed may be impounded under the same conditions as are set out in subsection ( 1) thereof, save that the impounding may be for a period of ~~t morc· than six months.

(3) The proper cost of keeping and storing any motor vehicle so inl.pounded shall be paid by the person convicted upon his ('onviction and if not so· paid shall be deemed to form a lien upon the motor vehicle, and shall moreover be recoverable by distress in the same man­ ner as any fine imposed under this Ordin­ ance. 91. The Highway Traffic Ordinance, being

Chapter 41 of the Consolidated Ordinances, 1914; and the Motor Vehicle Ordinance, being

Chapter 66 of die Consolidated Ordinances 1914, are hereby repealed. Repeal

Short title interpreta­ tions 50 THE YUKON GAME ORDINANCE

CHAPTER 3 THE YUKON GAME ORDINANCE 1947 (AsJented to July 17th, 1947.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows:

SHORT TITLE 1. This Ordinance may be cited as "The Yukon Game Ordinance."

INTERPRETATIONS 2. In this Ordinance, unless the context otherwise re-. qUIres: "Close Season" means the period which the hunt­ ing, killing, destroying, injuring, trapping, taking, capturing, selling, trading in, or molesting of game is prohibited or restricted by the Ordinance or by any Regulation. "Controller" means the Controller of the Yukon Territory. "Deer" means animals of the species commonly known as Coat or Columbia deer, mule deer, white­ tailed deer and fallow deer.

THE YUKON GAME ORDINANCE "Fur Bearing animals" means and includes beaver, fox, lynx, marten, mink, muksrat, otter, fisher, weasel and squirrel, but shall not include any bear, coyote, wolverine, wolf or rabbit. "Game" means all wild mammals and wild birds and the heads, skins, and every part of such mam­ mals and' birds. "Game Guardian" means any person appointed by the Controller for the purpose of enforcing the pro­ visions of this Ordinance. Guides.

"Chief Guide" wherever used herein shall mean and include any person duly licensed as such and the person who, being a chief guide, is in .. charge of and guiding and conducting any big game or game bird hunter, duly licensed as such under the provisions of this Ordinance.' "Assistant Guide" shall mean any person duly li­ censed as such and any person so licensed acting as assistant guide under the direction of any such chief guide in guiding and conducting any such li­ censed hunter. "Open Season" means the period during which such game may be hunted, killed. destroyed, trapped, taken, captured or possessed.

"Ordinance" means the Yukon Game Ordinance. "Outfitter" means and includes any person duly licensed as such who carries on or who is engaged in or concerned in the business of lending, renting, or letting for hire any saddle horse, pack horse, vehicle, boat or other equipment for the purpose of being used in the hunting, taking, or killing of any big game or game bird.

Game Guardians Oath of Office 52 THE YUKON G.'\ME ORDINANCE "Outpost" means a trading establishment in which the business of trading or trafficking in game is carried on by the holder of a Trading Post permit and under the authority of an Outpost permit. "Person" includes Indians. "Preserve" . means an area set aside for the pro­ tection of game for the benefit of native Indians. "Resident" means any Canadian citizen who has resided continuously in the Yukon Territory for not less than one year immediately prior to the the date of his application for a license under this Ordinance.

"Sanctuary" means any bounded area set aside un­ der the provisions of this Ordinance for the protec· tion of all game. J. ( 1 ) All membc:.rs of the Royal Canadian Mount­ ed Police and all guides shall be ex-officio game guardians under this Ordinance, and the Controller may from time to time ap­ point other game guardians.

(2) Every game guardian so specially appointed, before acting as such guardian, shall take and subscribe before any person authorized to adminster oaths in the Territory, the following oath: . I, A. B. ............ , a game guardian, in and for the Yukon Territory, do solemnly swear that to the best of my judgement, I will faithfully, honestly, and impartially fulfill, execute, and perform the office arid duty of such game guardian, according to the true intent and meaning of the Or­ dinance respecting the preservation of

4. Till': YUKON GAME ORDINANCE 53 game in the Yukon Territory, and of all regulations made to or to be made there­ .under." CLOSE SEASONS ( 1 ) Except as hereinafter provided, the follow- Close Season ing shall not be hunted, trapped, killed or taken during the following times of the year, respectively: . . (

a) Any buffalo, bison, elk or wapiti, any species of deer at any time. (

b) Beaver, at any time. (

c) Fox, between the 31st day of January and the 1st day of November south of the Arc­ tic Circle, and between the 15th day of March and the 1st day of November north of the Arctic Circle. (

d) Lynx, between the 31st day of March and the 15th day of November. (

e) Mink and Marten, between the 1st day of March and the 15th day of November . . (

f) Fisher and otter, between the 15th day of May and the 1st day of January. (

g) Muskrat, between the 31st day of May and the 1st day of March in the district south of the Arctic Circle and between the 15th day of June and the 1st dayof March in thp. district north of the Arctic Circle. (

h) Squirrel and weasel (ermine) between the 31st day of March and the 1st day of No­ vember.

54 Bag limits (i) ( . ) L (k) (I) (m)

(2) THE YUKON GAME ORDINANCE Pheasant, closed. Ptarmigan, Sharp-tailed grouse, Franklin grouse, Spruce Grouse (Fool Hen), between the 31 st day of January 'and 1 st day of Sep­ tember. Ruffed grouse (Willow grouse) and blue grouse, between the 31st day of October and the 1st day of September. Waterfowl (except species not permitted to be taken under the Migratory Birds Con­ vention Act and Regulations thereto), and Wilson snipe or jacksnipe, between the 1 st day of November and the 1st day of Sep­ tember. l\100se, Mountain sheep, Mountain goat, be­ tween the 1 st day of December and the 1 st day of August.

Caribou between the 1st day of February and the 1 st day of August. Except' as hereinafter provided, no eggs in the nest of any birds above mentioned, or in the nest of any other species of wild fowl, shall be taken, destroyed, injured, or molest­ ed at any time of the year. BAG LIMITS ON CERTAIN GAME ANIMALS AND BIRDS

(1) No one person shall have the right to kill dur­ ing the open season, e~cept as hereinafter provided, more than one moose, one moun­ tain sheep, one mountain goat, one 'woodland caribou and four migratory caribou., and :no females of such bea!;ts, and no animal of any species under the age of one year shall be killed at any time except as herein provided.

THE YUKON GAME ORDINANCE 55

(2) No one person shall have the right to kill in anyone day during the open season more than fifteen in the aggregate or thirty dur­ ing the season, of the following, Ptarmigan, Sharp-tailed. grouse, Franklin grouse, Spruce grouse· (fool hen), Ruffed grouse (Willow grouse) and Blue grouse.

(3) The bag limit for ducks, geese, and such other migratory birds as can be legally taken shall not exceed a greater number than is permitted to be taken and possessed under the Migratory Birds Conventio~ Act and Regulations thereto. HVNTING AND TRAPPING LICENSES License 6. No person shall engage in hunting or trapping any Requlrerl game permitted to be taken under

Section 4 of this Ordin- . ance, without being the holder of a valid and subsisting license or permit issued pursuant to this Ordinance, bear- ing his or her signature or duly witnessed mark on the face thereof. Any person whose main occupation is other than trapping shall not be deemed eligible for a trapping license. LICENSE FEES 7. The names of the several licenses and the fees ·for same shall be as follows: (

I) A resident hunting licensc .... $1.00

(2) A resident trapping license ... 2.00 (3,) A non resident big game hunt- ing license for a Canadian citi· zen 75.00 for an alien ........ _-_._--_ ....... _--_ ... __ . 100.OU License Fees

Rcturn ot License Privileges under li­ cense: Hunting license Trapping Ilcen!'le 56 TUE YliKON GAME ORDINANCE

(4) A non-resident trapping li· cense for a Canadian citizen .. 250.00

(5) A non-resident bird license ... " 5.00

(6) A combined Indian hunting and trapping license ....... _..... FREE An alien will not be eligible for a trapping license. A minor under the age of 14 years shall not be eligible for a license. A minor assisting his parents or guardians in connection with hunting or trap­ ping operations will not require a license. RETURN OF LICENSE • 8. Every holder of a hunting or trapping license shall, before leaving the Territory, or upon application for re­ newal of same, return the said license to the office of issue . with the affidavit on the back of the said license duly com­ pleted.

Each holder of a non-resident hunting license shall, upon returning from a hunting trip or before leaving the Territory, return the said license to the office of issue with the declaration on the back of the license duly com"pleted before the Chief Guide in charge of the party. All such re­ turned licenses shall be forwarded to the Controller by the receiving agent. If a license is lost,

Section 18 of the exist­ ing Ordinance shall be complied with. PRIVILEGES UNDER LICENSE 9. (

I) A resident Hunting License shall permit the taking of -game mentioned in paragraph (j) (

k) and (1), of sub·section (

I) of

Section 4 of this Ordinance; and such game as IS not protected by this Ordinance.

(2) A Resident or non-resident trapping license shall permit the taking of fur-bearing ani­ mals and to export the pelts and skins thereof

THE YUKON GAME ORDINANCE 57 upon compliance with the provisions of "The Fur Export Tax Ordinance," and such li­ cense shall further entitle the holder thereof to kill for his own. use, and only to the ex­ tent necessary for such purpose during the open season, t·he animals and birds mentioned in paragraphs (j) (

k) and (1), sub-section ( 1 ),

section 4 of this Ordinance, and such game as is not protected by this Ordinance.

(3) A non-resident Bird License shall permit the taking of such birds as a re mentioned in par- Non resident • • Bird License agraphs (

J) and (k), subsectIOn (1) of Sec- tion 4 of this Or'dinance.

(4) The following provisions shall apply in the I f ·d b· h· Non resident t le case 0 a non-resl ent Ig game untmg Big Game license. license (

a) Such license shall entitle the holder thereof to kill during the open season one moose, one mountain sheep, one mountain goat, and one caribou of each species, and no femal;! of such beasts, and no animal of any species under the age of one yea r. (

b) A holder of a non-resident big game huntin·g license shall be entitled to take with him or to ship out of the Territory as trophies, the head, hide and hoofs of any big game law­ fully killed by him. (

c) Provided that every license holder shall be­ fore leaving the Territory, be required to make and subscribe before a game guardian a statement under oath that he has not vio­ lated any of the provisions of this Ordin­ ance, giving such particulars in relation there-

58 THE YUKON GAME ORDINANCE to as may be required by the game guardian. And upon such statement being made the game guardian shall give to such license holder a certificate that such game, describ­ ing it, has been lawfully killed or taken and that such license holder is entitled hereunder to export the same from the Territory sub­ ject to any c~StOIllS regulations existing in regard thereto. (

d) Every su::h license holder shall be entitled to receive from the Territorial Secretary or the Territorial Agents, a certificate enumerating the game killed by him under authority of his license, in su~h form and manner as may be prescribed by the Territorial Secretary. Such certificate shall set forth a description of the game killed, together with the meas­ urements of the trophy produced there from, the number of the license, the lo.cality where such game was killed, and the name of the chief guide accompanying the licensee.

The Territorial Secretary and the Territorial A­ gents shall keep a record book of all certi fi­ cates, issued, and such record book shall contain all the official record of all game killed and exported as trophies by licensed non-resident hunters. (

e) Except as herein provided no holder or hold­ ers of any such license or licenses shall en­ gage in hunting moose, mountain sheep, mountain goat, caribou or bear, or exercise his license or licenses for that purpose with­ out having with him) in his employ a licensed I Chief Guide, and for each additional non- resident hunter ~n the same party, a licensed Assistant Guide. The Controller may in his discretion grant to a licensed Outfitter a Temporary Chief Guides license, provided

THE YUKON GAME ORDINANCE 59" that the Outfitter accompany the big-game hunting party and can satisfy the Controller that he is capable of acting as a Chief Guide. (

f) Such license shall further entitle the holder thereof to kill for his own use and only to the extent necessary for such purposes dur­ ing the open season, the birds mentioned in paragraphs (

j) and (k), sub-section (1) of

Section 4 of this Ordinance. LICENSED OUTFITTERS AND GUIDES 10. (

I) Outfitters' License. (

a) No pcrson shall for hire, gain, or re­ ward, rent or let out any saddle hors", pack horse, vehicle, boat or other equipment for the purpose of being used in "the hunting, taking, or killing, of any big-game or game birds, with­ out first obta~'1ing an Outfitters' Li­ cense under this Section. Every such license shall be issued by the Control­ ler.

Any person applying for an Outfit­ ter's License shall be a resident of the Territory and shall satisfy the Con­ troller or his duly appointed agents, as to his character and ability to en­ gage in such business or "undertaking, and must be a bona fide owner of suffi­ cient horses or boats and the necessary equipment to take care of two or more big-game hunting parties, or a mini­ mum of six hunters, in the field at one time. Such horses, boats and necessary equipment shall be kept in good order and repair and be available for inspec­ tion by tne Controller, or his duly ap- Outfitter's License

Chief and Assistant Guides li­ cense; Chief Gul(le Asslst'lnt Guide: 60

(2) THE YUKON GAME ORDINANCE pointed agents, at all times. An Outfit­ ters' License shall be valid for one year, and expire on the 30th day of June. (

b) A return shall be made to the Control­ ler or his duly appointed agents by each Outfitter showing the number of big game Or game bird hunting par­ ties outfitted by him during the sea­ son, which will include the name and address of each hunter, the number and species of game killed, and dist­ rict where hunted. Chief and Assistant Guides Licenses. (

a) Chief Guide. The Controller or his appointed agents may issue to any person being resident of the Territory, a license to act as Chief Guide, pro­ viding such person was a licensed Chief Guide under this Ordinancc for at least three years,or to any person who has acted as a licensed Assistant Guide over a period of three years within the Territory, and can satisfy the Con­ troller, or his duly appointed agent:>, that he is a fit and qualified person to assume the responsibilites of a Chief Guide. A Chief Guide License shall be valid for one year, an(expire on the 30th day of June. (

b) Assistant Guide. The Controller, or his duly appointed agents, may issue to any person being a resident of the Territory, a license to act as an assist­ ant Guide providing such person was a

Tm: YUKON GAME ORDINANCE 61 (

c) licensed Assistant Guide prior to 1945, or to any person who can produce such evidence of his qualifications both as to ability and character, such as may be required by the Controller, or his duly appointed agents. An Assistant Guides License shall be valid for one year, and expire on the 30th day of June. A Chief or Assistant Guide, while em­ ployed or engaged as a guide, shall not kill any game as set forth under paragraphs (j), (k), and (1), Sub­ section (1) of

Section 4 of this Ord­ Inance. Not to klll game

(3) Any person who acts as Chief or Assistant Offence: Guide to any big-game or game bird hunter, without first having procured a license as required hy the Ordinance, shall be guilty of an offence against this Ordinance.

(4) Fees for such licenses respectively, shall be Fees as follows:

(5) Outfitters' License ... ______ . ______________ $50.00 Chief Guides License _______________ . ____ 20.00 Assistant Guides License ____ .___________ 10.00 Every Chief Guide and Assistant Guide licen­ ed hereunder, who shall fail to report, or who refuses or neglects to lay information for any violation of this Ordinance, or who shall himself violate any of the provisions of this Ordinance, shall in addition to any other penalty, have his license revoked and Guides ta report breach of OrdInance

t·"" of AIr­ craft lImIta­ tion!' Trading and Outpost permit" 62 THE YUKON GAME ORDINANCE shall be ineligible to act as guide for a period of two years from the date of con­ viction_ USE OF AIRCRAFT IN TRAPPING 11. Aircraft shall not be used in trapping operations except as a means of transportation between the settlement where a trapper is outfitted and his principal base camp.

Before making use of aircraft as above every trapper shall notify the nearest game guardian in writing stating the loca­ tion and name of the settlement in the Yukon Territory where he will be out fitted, and also giving the location of his principal base camp and the location of that portion of the Territory where he will trap ..

The owner or opera­ tor of the aircraft used to transport a trapper shall also be requi ~ed to report to the Controller immediately after transporting a trapper to his base camp stating in writing the name of the trapper, date and number of trapper's licen­ se, name of settlement where trapper is out fitted, location of his principal base camp, and also when removing trap­ per from his base camp to furnish a report in writing giving name of trapper, number, and date of license, and date and destination where trapper is taken by plane.

Every game guardian shall report immediately to the Controller all information received under this Section. Any operator or owner of lm aircraft, who uses aircraft in transporting a trapper who is not licensed under this Ordinance, or any .such operator or owner who fails to furnish the information as required by this Ordinance, shall be guilty of an offence against this Ordinance. TRADING AND OUTPOST PERMITS 12. No trading post or outpost shall be established or maintained in any part of the Territory except under the authority of a permit from the Controller or an officer authorized by him.

Such permits may, in the discretion of the Controller be cancelled if the trading post or outpost

THE YUKON GAME ORDINANCE 63 for which the permit is issued is not operated for at least eight months in the case of a trading post, and at least three months in the case of an outpost in each license year, or for any infraction of the Or·dinance or regulation. The permit shall not be transferable. A fee of one ($1) Dollar shall be charged for each permit. 13. ( 1 )

(2) FUR TRADING LICENSES Except those persons authorized by the Ord­ inance, no person shall engage in the business of trading and trafficking in the pelts and skins of fur-bearing animals and those wild animals not protected by this Ordinance in the Territory, without first securing a li­ cense to do so. The holder of such license shall at all times have the right to trade and traffic in the ·pelts and skins of game legally killed or taken under this Ordinance. The license shall authorize the person to whom it is issued to trade and traffic only at the trading post or outpost described 1n the license.

No person shall in any license year acquire from inyone other than the holder of a Fur Traders' license, skins or pelts of game for his own use or otherwise, to a value exceeding One Hundred ($100) Dol­ lars. Every person trading and trafficking in the skins and pelts of animals mentioned in Sub­ section (1) of

Section 13, shall furnish each customer with a record of each sale and pur­ chase, setting out the number and kind of pelts traded, and the kind and value of goods exchanged there for, and when requir­ ed by the customer, Indian Agent, or Polic; Officer, an itemized statment showing the standing of the customer's account. Fur TnHllng Licenses Record to be kept

Sepal'ate lI­ cense for each post License fees Tra.nsfer of license Hecord of Licensees Licensee to make return 64 THE YUKON GAME ORDINANCE

(3) Every person trading or trafficking in the skins and pelts of animals mentioned in Sub­ section (1) and (2) of

Section 13, must obtain a separate license for each trading post or outpost for which he has secured :\ permit. under

Section 12 of this Ordinance. LICENSE FEES 14. The fees for Fur Trading Licenses shall be as follows for each trading post or outpost: For a Resident Fur Trading License $25.00 For a non-resident Canadian Citizen 150.00 TRANSFER OF LICENSE 15 A fur trading license may be transferred, upon writ­ ten request being made to the Controler or his duly ap­ pointed agents. RECORDS OF LICENSEES 16.

Every holder of a fur-trading ficense shall keep records covering the purchase of all furs, which records shall show the following: Da te of each purchase: Name of trapper from whom fur purchased: Number of license of said trapper: Number and description of pelts purchased. LICENSEE TO MAKE RETURNS 17. Every holder of a fur-trading license shall, before leaving the Yukon Territory, or as soon as practicable

THE YUKON GAME ORDINANCE 65 after the expiration of the license, whichever first occurs, return the license to the nearest game guardian with the affi­ davit on the back of the same duly completed. RETURNS REQUIRED IF LICENSE LOST 18. If a licensee is unable to produce his license on the date specified for its return he must appear before the near­ est game guardian and make an affidavit setting out the game killed, trapped or taken, or traded by him during the period covered by such license. . TRADING POST ASSISTANTS 19. Notwithstanding the provisions of

Section 13" any person who is authorized to engage in the business of fur trading under this Ordinance may have other person's to assist him at the trading post or outpost described in: the license. ISSUE OF LICENSES 20. All licenses shall be issued by the Controller or perso·ns specially designated by him for that purpose, and no license shall be valid unless the signature of the person named in the license is endorsed thereon. EXPIRY DATE OF LICENSES 21. All licenses shall expire on the 30th Jay of June in each year.

Upon the request of a game guardian, the holder of a license shall submit his license for inspection. LICENSES MAY HE CANCELLED 22. Any license issued under this. Ordinance may, in the discretion of the Controller, be cancelled or suspended, if the holder thereof is convicted of violation of the pro, visions of the Ordinance or Regulations made pursuant to the provisions of said Ordinance. Where lI­ cense lo"t Trndlng Post .""sl,,­ tant mOl" be emplo~'eri Controller may Issue license Explr~' (late of licenses Controller may cancel for cause

66 THE YUKON GAME ORDINANCE PENALTIES FOR FALSE REPORTS ~ PenaltleH for false reports 2'3. Any person who makes a false report as to the number of game killed, trapped, taken or traded in, or who falls or neglects to return his license within the time spe­ cified in the Ordinance, or Regulations, may, in addition to any other penalty provided in the Act or Regulations, be refused a license in any subsequent year. Illegal possession of game Powers oC Ganle Gllal"dial! senrch ILLEGAL POSSESSION OF GAME 24.

It shall be unlawful for any person to· have in his possession any game taken in violation of the provisions of the Ordinance or Regulations. POWERS OF GAME GUARDIANS TO SEARCH 25. .

Any game guardian may call upon any person at to any time found in possession of game or the pelt of any fur­ bearing animal to state when, where, and from whom such game or pelt was obtained, and whenever he has reason to suspect that any person is illegally in the possession of any such game or pelt, he shall have 'the right to inspect any bag, or other ·receptacle, vehicle, or other conveyance in which he supposes any such game or pelt to be, and any per­ son refusing, molesting or obstructing any game guardian in the accomplishment of such duties shall be liable, upon

summary conviction, to a penalty not exceeding Two Hund­ red ($200) Dollars and costs, and, in default of payment, to imprisonment for not exceeding three (3) months. SEIZURE AND CONFISCATION OF GAME Seizure and conflscll:UOn f)f game 26. Any game guardian who has reasonable grounds for believing that an offence has been committed under this Ordinance may enter upon the premises of any person :where he has reason to believe any game, or fur-bearing animal, or pelt may be, and make search· therefor in every part thereof,. and seize any game or fur-bearing animal or

THE YUKON GAME ORDINANCE 67 pelt in respect to which he believes such offence has been committed, and upon any seizure shall notify the person in whose custody· such game, or fur-bearing animal, or pelt was found to appear before the nearest convenient Justice, l1:1ming him, at a time and place to be named to such per­ son by said guardian, to establish the rightfulness of his possession of such game, fur-bearing animal, or pelt, and where practicable, shall take the said game, fur-bearing. animal, or pelt before said Justice, 'and in the event of such person failing to establish such right of possession the J us­ tice may declare such game, fur bearing animal, or pelt confiscated and the same may be dealt with in the manner provided by

Section 35 of this Ordinance in regard to prop- erty confiscated. . 27. GAME G{J~RDlANS MAY ApPOINT CONSTABLES (

I) Any game guardian, when he considers it necessary to do so, may deputize a constable or constables to apprehend' any person who has done, or who he has reason to believe has done, anything in contravention of any of the provisions of this Ordinance or the Regulations ..

(2) Such constable shall upon apprehending such person, arrest him and bring him for trial before the nearest Justice of the Peace, to­ gether w~th any game, eggs, or nests, or parts thereof, protected by this Ordinance or a Regulation, found in the possession of such person at the time of his apprehension. POSSESSION OF GAME 28. Possession shall be constituted as follows, namely: Game Gual'dl>ln ma~' appnlnl deputle~ (

I) Possession at any time of th.e year of a buf- PosHeAo,Jlon of ga.me falo, or .bison, elk or wapiti', or any species defined

Search W'arrant 68 THE YUKON GAME ORDINANCE of deer, dead or alive, or any part thereof, or,-

(2) Possession at any time of the year of eggs, of.any of the birds mentioned in this Ordin­ ance, or of eggs of any other species of wild (3 ) fo~l, or,- .' ,. Possession during the dose season of any game or game birds or 'parts thereof, pro­ tected by

Section 40t' this Ordinance, shall be deemed prim,~ .. ficie evidence of the kill­ ing or t:).king of such game, game birds, or eggs, as the case may be, contrary to the Pro­ visions of this Ordinance. Provided, how­ ever, that this subsection shall not be con­ strued to prevent the possession of game or game birds permitted to be taken under Sec­ tion 4, during the open season, for a period of sixty days after the beginning of the close season.

(4) No person, except as herein otherwise pro­ vided, shall sell- or expose or offer for sale at any time of the year any meat of any mammal or any bird mentioned in

Section 4 of this Ordinance killed during the close sea­ son. SEARCH WARRANT MAY BE ISSUED IN CERTAIN CASES 29. Any Justice of the Peace, upon proper information that there is reason to suspect that a breach of any of the provisions of this Ordinance has been committed; or that any pelt of any fur-bearing animal or any beast, bird or eggs, or any part of any beast or bird in respect of which such a breach has been committed, is likely to be in any tent, or on any premises, or on board of any vessel, or at any other place, may by warrant under 'his hand au-

THE YUKON GAME ORDINANCE 69 thorize any Constable to enter and search any such place, and, if found, to .seize any such pelt, beast, bird, or eggs or any such part of any beast, or bird to be dealt with as provided in regard to any pelt, beast or bird which has become confiscated under any provisions of this Ordinance. FEMALES WITH YOUNG PROTECTED 30. No person (including Indians and Eskimos) shall at any time, take, kill or molest any female moose, mountain sheep, caribou, mountain goat, or any of the young of these' mammals under one year of age. "THEN IN DIRE NEED OF FOOD 31. Notwithstanding anything in

Section 4 of this Ord­ inance~ any Indian or Eskimo, or any bona fide prospector who is actually engaged personally in any exploration, drill­ ing or mining operations employing less than five men, if in dire need of food, may at any time of the year take or kill any of the game mentioned in Subsection 1 paragraph (

j) and (1) ·of

Section 4, or any game not protected by this Ordinance. Every person, except Indians and Eskimos, who kill game under this

section shall report as soon as practical to a Game Guardian the number and kind of game taken and furnish such other information relating to the killing: as may be requi·red by such Game Guardian. MEAT OF ANIMALS KILLED MUST BE USED FOR FOOD 32. The meat of mammals mentioned in paragraph (I) subsection (1) of

Section 4 lawfully killed in the open sea­ son must be used for food purposes and the person taking the same or who does not use the meat thereof for food himself or cause the same to be used for food, shall be guilty.of an offence and liable to a penalty not exceeding Five Hundred ($500.) Dollars, and in default of pay­ ment, to imprisonment not. exceeding three (3) months. Females with young protected Emergency use or game- Meat ·to be used for rood

J'cl'mlt" to take Game (or Sr.Ip.llt!flc ptlrp(l!"lp.~ Pel'mlts to "hi,) or .. e­ mo\'~ meat or raw pelts of gnmc Seizure of Guns. Traps. Boats and Game: 70 THE YUKON GAME ORDINANCE PERMITS TO TAKE GAME FOR SCIENTIFIC PURPOSES 33. ( 1 ) The Controller or any officer authorized by him may issue a permit to any person to take the eggs or nests of non-migratory birds for scientific purposes. or a permit to take or kill game for scienti fic purposes or for any public park or zoological garden.

Each permit shall set out the name, address, and calling of the person to whom it is issu::d the purpose for which it is issued and the number of specimens to be taken thereunder. The permit shall not be transferable.

(2) Such permits shall be returned to the Con­ troller within sixty (60) days of the expiry date, together with a statement by the per­ mittee setting forth the numbers and kinds of game taken under its authority. PERMITS TO SHIP OR REMOVE GAME 34. Except under permit from the Controller or an officer authorized by him, no person shall ship or remove from the Yukon Territory the meat, or the raw pelt of any moose, deer, caribou, mountain sheep, or mountain goat, or any m.ammal not protected by this Ordinance.

SEIZURE OF GUNS, TRAPS, BOATS AND GAME 35. ( 1) All guns, ammunition, traps, boats, ski ffs, canoes, punts, and vessels of every description, horses, dogs, wagons, sleighs or other conveyance and other outfits, de­ coys, and appliances, and materials of every kind used in violation of or for the purpose of violating this Ordin­ ance, or any Regulations, may be seized upon view by any ,Game Guardian, or taken and removed by any person ap- pointed for such purpose by a game guardian, for delivery to a Justice of the Peace. who may order such chattels to be held pending the payment of any penalty for any offence committed.

36. THE YUKON GAME ORDINANCE 71 (2) (

a) Any game taken, caught, killed or had ( 1 ) in possession, in violation of this Ord­ inance, or any Regulation, and (

b) Any poison, ammunition, explosives, traps, snare, spring guns, firearms and other implements, appliances and con­ trivances, the use of which is prohibit­ ed under the provisions of this Ordin­ ance: , may be seized on view by any game guardian, and shall be forfeited to the Yukon Terri­ tory to be disposed of by the Controller by public auction, or in such public manner as he deems advisable, the proceeds thereof to form part of the General Revenue Fund of the Territory.

USE OF POISON PROHIBITED No hunter or trapper, including Indians or Eskimos, shall have in possession any poi­ son compounds of strychnine, arsenic, phos­ phorous, antimony, barium, the cyanides, corrosive sublimate, or any other poison cap­ able of being used for killing fur-bearing or game animals. Possession shall include presence of such poisons in camps, cabins, buildings, or boats occupied by hunters, trap­ pers, native Indians, or Eskimos.

(2) It' shall be unlawful for any person to use any poison as mentioned in subsection (1) of this

Section for the purpose of taking or killing any beasts or' birds of any kind what­ soever, and the fact that a person places any poison or poisonous substance in such a position that it may be reached by any Use of· poison pro­ hihltcd

Injury to Bea\'er dams .• houses or MlI"krat hOll~es pro­ hthted 72 THE YUKON GAME ORDINANCE beast or bird sl~all be proof that it was used for such purpose and such placing of poison shall be deemed an offence against the pro­ VISIOns of this Ordinance.

(3) Any game guardian who has reasonable grounds to suspect that any person has used poison for the purpose of taking or killing game, or has poison in his possession may, in search of poison, enter any premises or tent or board any vessel or conveyance of any common carrier or search any kit, pared, chest, box, receptacle. outfit or other belong­ ings of such person.

(4) Notwithstanding the provisions of this sec­ tion, the Controller may authorize the use of poison by game guardians for the destruc· tion of predatory animals or by scientists for the preservation of scientific specimens. INJURY TO BEAVER DAMS, HOUSES, OR MUSKRAT HOUSES FORBIDDEN 37.

(1) It shall be unlawful to dig up, injure or des­ troy any beaver dam, beaver house, or run­ way, or muskrat house unless such injury or destruction becomes necessary in the carry­ ing on of a bona fide mining operation or in the course of driving timber on any stream. (2 ) No person shall at any time hunt, or attempt to kill any beaver by means of any spear or similar device or any shotgun, pistol, or rifle and the shooting of muskrats with a shot­ gun is prohibited. This provision shall apply to Indians as well as other persons.

THE YUKON GAME ORDINANCE USE OF BATTERIES /\ND OTHER CONTRIVANCES FORBIDDEN 73 38. None of the contrivances for taking or killing Use ot .. Batteries water-fowl, known as batteries, sWlvd guns, or sunken and other I b d . f h k contrlvancp.s punts, sha I e use at any time 0 t e year, to ta e, des- forbidden troy, or kill any of the birds mentioned in this Ordinance, or any other species of game birds. TRAPS TO BE REMOVED OR SPRUNG 39.

Any person using traps or other contrivances for trapping, taking, or killing game shall remove or spring the same before the close season and no person shall set or re-set during the close season any trap or contrivance used in connection with the trapping, taking, or killing of any animal protected by this Ordinance. USE OF TRAPS IN CLOSE SEASON 40.

Except under permit from the Controller or any officer authorized by him, no trap or contrivance shall he used. during the close season for the capture of coyotes, wolves, wolverine, or other predatory animals not protected by this Ordinance, but predatory animals may be shot at all times. TRAPS, DEADF ALLS, OR PITS FOR BIG GAME Traps to be removed or sprung. Use ot traps in close season 41.

No traps, dead falls, pits, snares or other such con· Traps. . h 11 b d . f h . f Deadfnll". or tnvances s a e use at any time or t e trapping 0 Pits. tor big 'b d . h . game moose, carl OU, eer, mountain seep, moutaln goat, or bear. DISPUTES REGARDING TRAP LINES 42". Any dispute relative to rights in location of trap- Disputes lines may be decided by the game guardian of the district. ~~:r~~:a

Contracts win: In­ ,(lians or other!' Application tor Fur Fa.rm 1.1- CCtlf;e License Fee 74 THE YUKON GAME ORDINANCE If the decision is appealed, it maybe taken before a Justice of the Peace. Any person who fails to abide and comply with the decision of tht: said Justice of the Peace shall be guilty of an offence and ,shall be liable,on summ~ry convic­ tion to a fine not exceeding One Hundred ($100.) Dollars, nor less than Five ($5.) Dollars, or to imprisonment, for any term not exceeding two (2) months, or to both fine and imprisonmer.t. CONTRACTS 'WITH INDIANS OR OTHERS 43.

No one shall enter into any contract or agree­ ment with or employ any Indian, Eskimo, or other person. whether such Indian or person is an inhabitant of the Ter­ ritory or not, to hunt, kill, or take contrary to ,the provi­ sions of this Ordinance, any of the beasts or birds mention­ ed in this Ordinance, or to take, contrary to such provi­ sions, any eggs, nest or part thereof. ApPLICATION FOR FUR FARM LICENSE 44. No person shall engage in the business of farming -fur-bearing animals in the Yukon Territory or possess them for propagation purposes without first having obtained a fur farm license.

The application for a license shall set out the name and address of the applicant, a description of the location of the fur farm and the means by which the fur-bearers are to be secured. LICENSE FEE 45. If there is no valid objection to the establishment of a fur farm at the location described in the application the Controller, or any officer authorized by him. may .. in his discretion, issue a fur farm license to the applicant there for. The fee for a fur farm license shall be five ($5) Dollars.

THE YUKON GAME ORDINANCE 75 EXPIRY DATE OF LICENSE AND RENEWAL Any such license shall expire on the JOth .. . Expiry da.te day of June next following Its date of Issue, of License 46. ( 1 ) d 1· . d d' h· I f and Renewal an any Icense issue unng t e mont I 0 June in the year 1948 shall expire on the 30th day of June in the year 1949.

(2) Upon proofthat the holder thereof has com­ plied with all the provisions governing the issue of such license, the Controller or such Offi~er authorized by him may issue renewals thereof from year to year. The fee for a re­ newal/license shall be Two ($2) Dollars. TRESIjASSING PROHIBITED 47. No person except a game guardian shall, without the consent of the owner of a ranch or enclosure where fur-bearing animals are kept in captivity for breeding pur· poses, enter upon such pr