ORDINANCES OF '!HE GOVERNMENT OF YUKON PASSED BY THE YUKON COUNCIL IN THE YEAR 1981 BEING THE FIRST SITTING OF THE FOU~TH SESSION OF THE TWENTY-FOURTH COUNCIL March 24 - April 15, 1981 DOUGLAS L. BELL COMMISSIONER

FIRST 1981 Produced by the Legislative Counsel's Office, Department of Justice, for the Government of Yukon. Printed and Published for the Government of YUKon under Authority of

Chapter P-9 of the Revised Ordinances of the Yukon Territory, 1971, by Frederik F.N. Delorie, Queen's Printer.

BILL NO,"""""" 7 13 21 12 9 4 2 17 6 14 19 10 18 15 5 3 8 16 11 22

CHAPTER No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDINANCES OF THE YUKON TERRITORY 1981 First Sitting TITLE Financial Agreement Ordinance, 1981 Fuel Oil Tax Ordinance, An Ordinance to Amend the Health Care Insurance Plan Ordinance, An Ordinance to Amend the Home Owner's Grant Ordinance, An Ordinance to Amend the Interim Supply Appropriation Ordinance, 1981-82 International Child Abduction (Hague Convention) Ordinance Interprovincial Subpoena Ordinance Lands Ordinance, An Ordinance to Amend the Loan Agreement Ordinance 1981 (NO. 1) Miscellaneous Statute Law Amendment, 1981 (No.1) Municipal Finance Ordinance Municipal General Purposes Loan, 1981 Pioneer Utility Grant Ordinance, An Ordinance to Amend the School Trespass Ordinance Second Appropriation Ordinance (1981-82) Survival of Actions Ordinance Third Appropriation Ordinance, 1980-81 Third Appropriation Ordinance, 1981-82 Tobacco Tax Ordinance, An Ordinance to Amend the YUKon Council Ordinance, An Ordinance to Amend the - i - PAGE No. 1 3 4 6 7 9 28 34 37 38 42 52 55 57 60 62 66 68 70 71

NOTE: The following Bill is still on the Order Paper: Bill #1 An Ordinance to Perpetuate a Certain Ancient Right Private Members' Bills still on the Order Paper: #101 - #102 - #103 - An Ordinance to Amend the Consumers' Protection Ordinance An Ordinance to Amend the Labour Standards Ordinance Court Order Interest Ordinance The 19B1 First Sitting of the Fourth Session of the Twenty-fourth Council was adjourned on April 15, 19B1. - ii -

"agreement" Authority for agreement Additional provisions ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 1 FINANCIAL AGREEMENT ORDINANCE, 1981 (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Financial Agreement Ordinance, 1981. 2 (1) 3(1) 4

(1) In this Ordinance "agreement" means the agreement entered into pursuant to

section 3. Subject to this Ordinance, the Commissioner is authorized to enter into and execute, on behalf of the Government of Yukon, an agreement providing for the payment by the Government of Canada to the Government of Yukon, in respect of the period of one year commencing on April 1, 1981, and ending on March 31, 1982, (

a) as an operating grant, an amount equal to $39,913,000 for operating expenses, and (

b) as a capital grant, an amount equal to $22,233,000 for-capital expenses. The agreement shall provide also t~at the amounts payable by the Government of Canada to the Government of Yukon shall be paid, (

a) in the case of the amounts described in paragraph 3(1) (a), in equal installments in each month in the period, and (

b) in the case of the amounts described in paragraph 3(1) (b), in the amounts and at the times set forth in a

schedule to be provided by the Commissioner and agreed to by the Government of Canada. - 1 -

Other conditions Amendment Other laws Implementation Duration of section (2) 5(1) 6 (1) (2)

(3) Financial, Agreement Ordinance. 1981 Chp. 1 The agreement shall contain such other conditions as may be agreed upon for the purpose of giving effect to this Ordinance.

The agreement may be amended from time to time by agreement between the Govern­ ment of Canada and the Commissioner, but no such amendment is valid unless it is ratified by the Council. upon the execution of the agreement, every Ordinance, and every regulation or by-law made thereunder, including the by-laws of every municipality or local improvement district, shall, for the relevant periods provided in the agreement, be deemed to be amended, suspended or inoperative as the case may be to the extent necessary to give effect to the agreement and to permit the Government of Yukon to fulfill every obligation assumed by it under the agreement.

The Commissioner is empowered to do every act and exercise every power for the purpose of fulfilling every obligation assumed by the Government of Yukon under the agreemen-t. This

section shall remain in operation only for so long as may be necessary to give effect to the agreement. - 2 -

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 2 AN ORDINANCE TO AMEND THE FUEL OIL TAX ORDINANCE (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) Paragraph 4(1) (

c) of the Fuel Oil Tax Ordinance is amended by striking out the expression "four and two-tenths cents" and substituting for it the expression "five and two-tenths cents".

(2) Paragraph ~(1) (

d) of the Ordinance is amended by striking out the expression "three and two-tenths cents" and sub­ stituting for it the expression "four and two-tenths cents". 2(1) This Ordinance shall be deemed to have come into force on April 1, 1981. - 3 -

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 3 AN ORDINANCE TO AMEND THE HEALTH CARE INSURANCE PLAN ORDINANCE (Assented to April 16, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) The definition of "insured services" in subsection 2(1) of the Health Care Insurance Plan Ordinance is amended by adding, at the end of the definition, the expression "and includes services in respect of which a payment may be made to a pharmaceutical chemist under paragraph 4 (1) (c) ". 2(1) Subsection 4(1) of the Ordinance is amended Ca) by striking out the word "or" at the end of paragraph (a), (

b) by adding the word "or" to the end of paragraph (b), and (

c) by adding the following new paragraph: "(

c) to a person who is entitled to practise the profession of a pharmaceutical chemist under the Pharmaceutical Chemists Ordinance, or to a person on his behalf, the amount in respect of the prescribed insured services, as determined by the Administrator in accordance with the - 4 -

· An Ordinance to Amend the Health Care Insurance Plan Ordinance Chp. :5 regulations, provided by the pharmaceutical chemist to the prescribed class of insured persons." 3(1) Paragraph 6(1) (

b) of the Ordinance is amended by striking out the expression "and 4 (1) (b)" and substituting for it the expression "to 4(1! (c)". 4(1) This Ordinance comes into force on a day to be fixed by the Commissioner. - 5 -

ORDINANCES OF THE YUKON TERRITORY 19B1 (1st),

Chapter 4 AN ORDINANCE TO AMEND THE HOME OWNERS' GRANT ORDINANCE (Assented to April 14, 19B1) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) Paragraph 3(2) (

a) of the Home Owners' Grant Ordinance is amended by striking out the figure "$300.00" and substituting for it the figure "$350". 2(1) Subsection 6(1) of the Ordinance is amended by striking out the expression "section 9(1)" and substituting for it the expression "section 9.1". - 6 -

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 5 INTERIM SUPPLY APPROPRIATION ORDINANCE, 1981-82 (Assented to March 26, 1981)

Whereas it appears by message from the COllUllissioner and in the estimates accompanying the message, that the sums mentioned in

Schedule "A" of this Ordinance are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the month of April, 1981: The COllUllissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Interim Supply Appropriation Ordinance, 1981-82. 2(1} From and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole $9,544,200 for defraying the several charges and expenses of the public service of Yukon for the month of April, 1981, as set forth in

Schedule "An of this Ordinance and that sum shall not be paid or applied except in accordance with

Schedule "A". 3(1) The due application of all monies paid or applied pursuant to

section 2 shall be accounted for. - 7 -

Interim Supply Appropriation ordinance, 1981-82 Chp. 5

SCHEDULE "A" Appropriation or Item Yukon Legislative Assembly Executive Council Office Education Consumer and Corporate Affairs Health and Human Resources Municipal and Community Affairs Tourism and Economic Development Justice Highways and Public Works Public Service Commission Intergovernmental Relations Finance Library and Information Resources Renewable Resources Government Services Yukon Housing Corporation Loan Capital Loan Amortization Total - 8 - $ (Dollars) (OOO's) 82.5 68.4 2,003.0 111.0 1,848.1 461. 7 151. 6 665.3 2,013.7 107.8 80.2 294.4 138.8 340.6 227.9 113.1 416.7 419.4 $9,544.2

"Convention" "effective date" convention is law Central Authority Declaration ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 6 INTERNATIONAL CHILD ABDUCTION (HAGUE CONVENTION) ORDINANCE (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the International Child Abduction (Hague Convention) Ordinance. 2 (1) 3 (1) 4 (1) 5

(1) In this Ordinance, "Convention" means the Convention on the Civil Aspects of International Child Abduction set out in the Schedule; and "effective date" means the first day of the third calendar month immediately following the day on which the Government of Canada submits to the Ministry of Foreign Affairs of the Kingdom of the Netherlands a declaration that the Convention extends to the Territory, or the first day the Convention comes into force, whichever is later.

On, from and after the effective date, the Convention is in force in the Territory, and the provisions of the Convention are law in the Territory. The Commissioner shall be the Central Authority for the Territory for the purpose of the Convention. The Commissioner shall request the Government of Canada to submit a declaration to the Ministry for Foreign Affairs of the Kingdom of the Netherlands declaring that the Convention extends to the Territory. - 9 -

Effective date Regulations Other Ordinances 6 (1) 7(1) 8

(1) International ChiZd Abduction 01'dinance (Hague Convention) Chp. 6 As soon as the effective date is determined, the Commissioner shall publish in the Gazette a notice indicating the date that is the effective date for the purpose of this Ordinance. The Commissioner may make such regulations as are necessar~ to carry out the intent and purpose of this Ordinance. Where there is a conflict between this Ordinance and any other enactment of the Territory, this Ordinance prevails.

SCHEDULE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION The States signatory to the present Convention, Firmly convinced that the interests of children are of paramount importance in matters relating to their custody, Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access, Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions:

CHAPTER I - SCOPE OF THE CONVENTION

Article 1 The objects of the present Convention are:

a) to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and - 10 -

International Child Abduation Ordinanae (Hague Convention) Chp. 6

b) to ensure that rights of custody a·nd of access under the law of one Contracting State are effectively respected in the other. Contracting States.

Article 2 Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedure available.

Article 3 The removal or the retention of a child is to be considered wrongful where:

a) it is a breach of rights of custody attributed to a person, ~n institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and

b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention. The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

Article 4 The Convention shall apply to any child who was habitually resident in a contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years. - 11 -

InternationaZ Child Abduction OTdinance (Hague Convention)

Article 5 For the purposes of this Convention: Chp. 6 a) 'rights of custody' shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence; b) 'rights of access' shall include the right to take a child for a limited period of time to a place other than the child's habitual residence.

CHAPTER 11 - CENTRAL AUTHORITIES

Article 6 A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities. Federal States, States with more than one system of law or States having autonomous territorial organizations shall be free to appoint more than one Central Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.

Article 7 Central Authorities shall cooperate with each other and promote cooperation amongst the competent authorities in their res.pective States to secure the prompt return of children and to achieve the other objects of this Convention. In particular, either directly or through any intermediary, they shall take all appropriate measures: - 12 -

Intel7UltionaZ ChiZd Abduction Ordinance (Hague Convention) Chp. 6

a) to discover the whereabouts of a child who has been wrongfully removed or'retained;

b) to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;

c) to secure the voluntary return of the child or to bring about an amicable resolution of the issues;

d) to exchange, where desirable, information relating to the social background of the child:

e) to provide information of a general character as to the law of their State in connection with the application of the Convention;

f) to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access; g} where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;

h) to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;

i) to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application. - 13 -

InternationaL Chi~ Abduction Ordinance (Hague Convention)

CHAPTER III - RETURN OF CHILDREN

Article 8 Chp. 6 Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child. The application shall contain:

a) information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;

b) where available, the date of birth of the child;

c) the grounds on which the applicant's claim for return of the child is based;

d) all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be. The application may be accompanied or supplemented by:

e) an authenticated copy of any relevant decision or agreement;

f) a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State;

g) any other relevant document. - 14 -

InteT'nationaZ ChiZd Abduction Ordinance (Hague Convention)

Article 9 Chp. 6 If the Central Authority which receives an application referred to in

Article B has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant, as the case may be.

Article 10 The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child.

Article 11 The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children. If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority ot' the requesting State, shall have the right to request a statement of the reasons for the delay.

If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.

Article '12 Where a child has been wrongfully removed or retained in terms of

Article 3 and, at the date of the commencement of the proceedings before the judicial or adm·inistrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful - 15 -

Intel'nationa~ ChiZd Abduction Oroinance (Hague Convention) Chp. 6 removal or retention, the authority concerned shall order the return of the child forthwith. The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment. Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.

Article 13 Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that:

a) the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or

b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views. - 16 -

Intel"71lltional Child Abduction Ordinance (Hague Convention) Chp. 6 In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.

Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of

Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognized or not in the State of the habitual residence of the child without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

Article 15 The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of

Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.

Article 16 After rece1v1ng notice of a wrongful removal or retention of a child in the sense of

Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined "that the child is not to be - 17 -

Intel'l'/ationaZ Child Abduction Ordinance (Hague Convention) Chp. 6 returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.

Article 17 The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Covention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.

Article 18 The provisions of this

Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.

Article 19 A decision under this Convention concerning the return of the child shall not to be taken to be a determination on the merits of any custody issue.

Article 20 The return of the child under the provisions of

Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.

CHAPTER IV - RIGHTS OF ACCESS

Article 21 An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child. - 18 -

Intel'11O.tional Chi ld Abduction CJrodinanae (Hague Convention) Chp. 6 The Central Authorities are bound by the obligations of cooperation which are set forth in

Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights. The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.

CHAPTER V - GENERAL PROVISIONS

Article 22 No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.

Article 23 No legalization or similar formality may be required in the context of this Convention.

Article 24 Any application, communication or other document sent to the Central Authority ~f the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with

Article 42, object to the use of either French or English, but not - 19 -

InternationaZ ChiZd Abduction Ordinance (Hague Convention) Chp. 6 both, in any application, communication or other document sent to its Central Authority.

Article 25 Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.

Article 26 Each Central Authority shall bear its own costs in applying this Convention. Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child. However, a Contracting State may, by making a reservation in accordance with

Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice. Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary - 20 -

Internaticma ~ Chi U1 Abduation Ordinance (Hague Convention) Chp. 6 expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.

Article 27 When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.

Article 28 A Central Authority may require that the application be accompanied by a written authorization empowering it to act on behalf of the applicant, or to designate a representative so to act.

Article 29 This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of

Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.

Article 30 Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States. - 21 -

InternationaZ ChiZd Abduction Ordinanae (HagUE Convention)

Article 31 Chp. 6 In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units -

a) any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;

b) any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.

Article 32 In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.

Article 33 A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.

Article 34 This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State - 22 -

International Chi~ Abduction Ordinance (Hague Convention) Chp. 6 addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights.

Article 35 This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States. Where a declaration has been made under

Article 39 or 40 the reference in the preceding paragraph to a Contracting State shall be taken to refer to the Territorial unit or units in relation to which this Convention applies.

Article 36 Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this convention which may imply such a restriction.

CHAPTER VI- FINAL CLAUSES

Article 37 The Convention shall be open for signature by the states which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 38 Any other State may accede to the Convention. - 23 -

Inter>national Child Abduction Ol'dinance (Hague Convention) Chp. 6 rhe instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession. The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession.

Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States. The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.

Article 39 --Any State may, at the time of signature, rat- ification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State. Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. - 24 -

Interonational Child Abduction Ordinance (Hague Convention)

Article 40 Chp. 6 If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time. Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.

Article 41 Where a Contracting State has a system of govern­ ment under which executive, judicial and legisla­ tive powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of

Article 40 shall carry no implication as to the internal distribution of powers within that State.

Article 42 Any State may, not later than the time of ratifi­ cation, acceptance, approval or accession, or at the time of making a declaration in "terms of

Article 39 or 40, make one or both of the reservations provided for in

Article 24 and

Article 26, third paragraph. No other reservation shall be permitted. Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. - 25 -

Intel'nlltional Child Abduction Ordinanc:e (Hague Convention) Chp. 6 The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.

Article 43 The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38. Thereafter the Convention shall enter into force: 1. for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession; 2. for any territory or territorial unit to which the Convention has been extended in conformity with

Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.

Article 44 The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of

Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies. - 26 -

Inter>national. Chi l.d Abduction O'I'dirlCD'lae (Hague Convention) Chp. 6 The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.

Article 45 The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with

Article 38, of the following: 1. the signatures and ratifications, acceptances and approvals referred to in

Article 37~ 2. the accessions referred to in

Article 3B~ 3. the date on which the Convention enters into force in accordance with

Article 43~ 4. the extensions "referred to in

Article 39~ 5. the declarations referred to in Articles 38 and 40~ 6. the reservations referred to in

Article 24 and

Article 26, third paragraph, and the withdrawals referred to in

Article 42~ 7. the denunciations referred to in

Article 44.

In witness whereof the undersigned, being duly authorized thereto, have signed this Convention. Done at The Hague, on the 25th day of October 1980 in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Govern­ ment of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through dip­ lomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session. NOTE: This Ordinance is based on a model Act recommended by the Uniform Law Conference of Canada." - 27 -

"court" 11 subp:>ena 11 Outside subpoena ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 7 INTERPROVINCIAL SUBPOENA ORDINANCE (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1 (1) 2

(1) In this Ordinance, "court" means any court in a province of Canada; and "subpoena" means a subpoena or other document issued by a court requiring a person within a province other than the province of the issuing court to attend as a witness before the issuing court. A court in the Territory shall receive and adopt as an order of the court a subpoena from a court outside the Territory if (

a) the subpoena is accompanied by a certificate signed by a judge of a superior, county or district court of the issuing province and impressed with the seal of that court, signifying that, upon hearing and examining the applicant, the judge is satisfied that the attendance in the issuing province of the person subpoenaed (

i) is necessary for the due adjudication of the proceeding in which the subpoena is issued, and (ii) in relation to the nature and importance of the cause or proceeding is reasonable and essential to the due administra­ tion of justice in that province, and - 28 -

Form of certificate Immunity by outside law Penalty Territorial subpoena (2) 3 (1) 4(1) 5

(1) InterprovinciaZ Subpoena Ordinance Chp. 7 (

b) the subpoena is accompanied by the witness fees and travelling expenses in accordance with

Schedule 1. The certificate to which reference is made in paragraph (1) (

a) may be in the form set out in

Schedule 2 or in a form to the like effect. A court in the Territory shall not receive a subpoena from another province under

section 2 unless the law of that other province has a provision similar. to

section 6 providing absolute immunity to a resident of the Territory who is required to attend as a witness in the other province from all proceedings of the nature set out in

section 6 and within the jurisdiction of the legislature of that other province except only those proceedings grounded on events occurring during or after the required attendance of the person in the other province. Where a person who has been served with a subpoena adopted under

section 2 and given the witness fees and travelling expenses in accordance with

Schedule 1 not less than ten days, or such shorter period as the judge of the court in the issuing province may indicate in his certificate, before the date the person is required to attend in the issuing court, fails without lawful excuse to comply with the order, he is in contempt of court and subject to such penalty as the court may impose. t\'here a party to a proceeding in any court in the Territory causes a subpoena to be issued for service in another province of Canada, the party may attend upon a judge of the Court who shall hear and examine the party or his counsel, if - 29 -

Form of certificate Immunity in Territory Criminal offences (2) 6 (1) 7

(1) Inte1'p7'ovinciaZ Subpoena Ordinarwe Chp. 7 any, and upon being satisfied that the attendance in the Territory of the person required in the Territory as a witness (

a) is necessary for the due adjudication of the proceeding in which the subpoena or other document has been issued, and (

b) in relation to the nature and importance of the proceedings, is reasonable and essential to the due administration of justice in the Territory, shall sign a certificate which may be in the form set out in

Schedule 2 and shall cause the certificate to be impressed with the seal of the Court. The certificate shall be either attached to or endorsed o'n the subpoena.

A person required to attend before a court in the Territory by a subpoena adopted by a court outside the Territory shall be deemed, while within the Territory, not to have submitted to the jurisdiction of the courts of the Territory other than as a witness in the proceedings in which he is subpoenaed and shall be absolutely immune from seizure of goods, service of process, execution of judgment, garnishment, imprisonment or molestation of any kind relating to a legal or judicial right, cause, action, proceeding or process within the jurisdiction of the legislature of the Territory except only those proceedings grounded on events occurring during or after the required attendance of the person in the Territory.

This Ordinance does not apply to a subpoena that is issued with respect to a criminal offence under

an Act of Parliament. - 30 -

Additional fees 8

(1) InterprovinciaZ Subpoena Ordinance Chp. ? Where a person is required to attend before a court in the Territory by a subpoena adopted by a court outside the Territory, he may request the court to order additional fees and expenses to be paid in respect of his attendance as a witness and the court, if it is satisfied that the amount of fees and expenses previously paid to the person in respect of his attendance is insufficient, may order the party who obtained the subpoena to pay the person forthwith such additional fees and expenses as the court considers sufficient, and amounts paid pursuant to an order made under this

section are disbursements in the cause.

SCHEDULE 1 Witness Fees and Travelling Expenses The witness fees and travelling expenses required to be given to the witness upon service of an interprovincial subpoena shall be a sum of money, or a sum of money together with valid travel warrants, sufficient to satisfy the following requirements: 1.

The fare for transportation by the most direct route via public commercial passenger carrier between the witness' place of residence and the place at which the witness is required to attend in court in accordance with the following rules: If the journey or part of it can be made by air, rail or bus, that portion of the journey shall be by airline, rail or bus by tourist class or equivalent class via carriers on which the witness can complete his total journey to the place where he is required to attend in court on the day before his attendance is required. - 31 -

2. 3. 4. Interprovincial Subpoena Ordinance Chp. 7 If railway transportation is necessary for part of the journey and sleeping accommodation would normally be obtained for such a journey, the fare for sleeping accommodation shall be included. In the calculation of the fare for transportation, the most rapid form of transportation by regularly scheduled carrier shall be accorded priority over all other forms. If the material which the witness is required to produce in court is of such weight or size as to attract extra fares or charges, the amount so required shall be included.

The cost of hotel accommodation for not less than three days at the place where the witness is required to attend in court, in an amount not less than $150. The cost of meals for the total journey and for not less than three days at the place where the witness is required to attend in court, an amount not less than $75. In addition to the amounts described above, an allowance of $50 for each day of absence from the ordinary residence of the witness, and the witness shall be paid on account of this allowance not less than $150.

SCHEDULE 2 Certificate I, ______________________________________________ a judge (name of judge) of the Supreme Court of the Yukon Territory, certify that I have heard and examined - 32 -

InterprovinciaZ Subpoena Ordinance (name of applicant party or his counsel) who seeks to compel the attendance of (name of witness) Chp. 7 to produce documents or other articles or to testify, or both in a proceeding in the Territory in the (name of court in which witness is to appear) styled (style of proceeding) I further certify that I am persuaded that the appearance of • (name of witness) as a witness in the proceeding is necessary for the due adjudication of the proceeding, and, in relation to the nature and importance of cause or proceeding, is reasonable and essential to the due administration of justice in the Territory.

The Interprovincial Subpoena Ordinance of the Yukon Territory· makes the following provision for the immunity of (name of witness) A person required to attend before a court in the Territory by a subpoena adopted by a court outside the Territory shall be deemed, while within the Territory not to have submitted to the jurisdiction of the courts of the Territory other than as a witness in the proceedings in which he is subpoenaed and shall be absolutely immune from seizure of goods, service of process, execution of judgment, garnishment, imprisonment or molestation of any kind relating to a legal or judicial right, cause, action, proceeding or process within the jurisdiction of the legislature of the Territory except only those proceedings grounded on events occurring during or after the required attendance of the person in the Territory.

Dated this ______________________________________ day of ________________________________ , 19 (Seal of the court) NOTE: (Signature of the Judge) This Ordinance is based on a model Act recommended by the Uniform Law Conference of Canada. - 33 -

Regulations for sale or lease Lands to be classified ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 8 AN ORDINANCE TO AMEND THE LANDS ORDINANCE (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice and-consent of the Council of the said Territory, enacts as follows: 1(1) Sections 13 to 16 of the Lands Ordinance are repealed and the following new sections are substituted for them: "13(1)

(2) The Commissioner may make regulations providing for the determination of the amount for which Yukon lands may be sold or leased, and providing for the way in which Yukon lands may be offered for sale or lease. Regulations made under sub­ section (1) shall classify Yukon lands that are to be offered to sale or lease according to (

a) the location of the land, (

b) the nature of the land, including its suitability for any specified purpose, (

c) the size of the parcels of land to be sold or leased, (

d) the use to which the land may be put, (

e) the conditions to which the disposition of the land is subject, (

f) the place of residence of persons who may apply to purchase or lease the land, - 34 -

Size of class Regulation by class Sale under regulations Exception An Ordinance to Amend the Lands Ordinance Chp. 8 (3) (4) 14 (1) (2) (

g) the development cost of the land, or (

h) such other characteristics of the land or its use, or as to the persons to whom the land may be sold or leased, as the Commissioner may consider advisable. A class of land established under subsection (2) may apply to one or more parcels of land to be offered for sale or lease. Regulations made under subsection (1) may provide, for any class of land established under subsection (2), (

a) a special method of determining the sale or lease price, (

b) a special method of offering the land for sale or lease, and (

c) a special limitation as to the persons to whom the land may be sold or leased. Subject to subsection (2), no Yukon lands shall be sold or leased to any person except for a price fixed under the regulations in accordance with

section 13. Where there are no regulations under

section 13 providing for the determination of the amount for which a parcel of Yukon land may be sold or leased, the parcel - 35 -

Renewal of lease 2

(1) An Ordinance to Amend the Lands Ordinance Chp. 8 (3) (

a) may be sold for such amount, not less than the appraised value of the parcel, as the Commissioner may determine, or (

b) may be leased for such annual amount, not less than ten percent of the appraised value of the parcel, as the Commissioner may determine. Subsection (1) applies to the renewal of cl lease." Subsection 17(2) of the Ordinance is repealed. 3(1) This Ordinance comes into force on a day to be fixed by the Commissioner. - 36 -

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 9 LOAN AGREEMENT ORDINANCE

(1981) No. 1 (Assented to April 14, 1981) The Commissione'r of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Loan Agreement Ordinance

(1981) No. 1. 2(1) The Commissioner. may, on behalf of the Government of Yukon, borrow sums not exceeding in the aggregate $10,200,000 for the making of loans to municipalities and for the development of land for sale. 3(1) The Commissioner is authorized to enter into and execute, on behalf of the Government of Yukon agreements providing for (

a) the repayment of the sums borrowed under

section 2, (

b) the payment of interest at such a rate as may be agreed upon by the Commissioner on the principal from time to time outstanding on the sums borrowed under

section 2, and (

c) such other terms and conditions as may be agreed upon by the Commissioner. 4(1) The Commissioner is empowered to do every act and exercise every power for the purpose of fulfilling every obligation assumed by the Government of Yukon under this agreement. - 37 -

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 10 MISCELLANEOUS STATUTE LAW AMENDMENT ORDINANCE, 1981 (No. 1) (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice an~ c~~sent·of the Council of the said Territory, enacts as follows: 1(1) Subsection 21(1) of the Compensation for Victims of Crime Ordinance is amended by striking out the word "in" and substituting for it the word "to". 2(1)

Section 30 of the Co-operative Associations Ordinance is amended by adding, immediately after subsection (1.1), the following new subsection: "

(1.2) No resolution under subsection (1.1) is effective for more than one financial year." 3 ( 1) The Dependan ts' Re 11 ef Ordi nance, bei ng

Chapter 6 of the Ordinances of the Yukon Territory, 1980 (2nd), is amended by adding, immediately before

section I, the following new section: "0.9

(1) This Ordinance may be cited as the Dependants' Relief Ordinance." (2) Paragraph 21 (3) (

a) of the Dependants' Relie£ Ordinance, being

Chapter 6 of the Ordinances of the Yukon Territory, 1980 (2nd) I is amended by striking out the expression "the ratio of value" and substituting for it the expression "the ratio of the value". 4(1) Subsection 11(3) of the Evidence Ordinance is amended by striking out the expression "produced him" and substituting for it the expression "required his production"; - 38 -

MiF!ceZlaneOU3 ::itat,ute LaLJ Amendment Ordinance, 1981 (No. 1) Chp. 10 5(1) Subsection 44(1) of the Marriage Ordinance is amended by striking out the expression "twenty-one years" and substituting for it the expression "19 years".

(2) Form J of

Schedule I of the Marriage Ordinance is amended by striking out the expression "twenty-one years" wherever it occurs and substituting for it in each case the expression "19 years". 6(1) Subsection 28(1) of the Miscellaneous Statute Law Amendment Ordinance, 1980 is amended by striking out the expression "The l'lorker' s Compensation Ordinance" ·and substituting for it the expression "Subsection 65(1) of the Workers' Compensation Ordinance". 7 (1) Subsection 33 (1) of the Municipal Ordi nance is repealed and the following is substituted for it: "33

(1) A person is not eligible to be nominated to become an alderman or mayor of a municipality unless (

a) he is a Canadian citizen on the day of his nomination, (

b) he will be 19 years of age or older on the day on which the poll is to be taken, (

c) he will have resided in the municipality for the period of one year immediately preceding the date on which the poll is to be taken, and (

d) his name appears on the list of electors on the day of his nomination." (2) Paragraph 263(1) (

i) of the Municipal Ordinance is amended - 39 -

MisceUaneous Statute l.ahJ Amendment Ordinance, 1981 (No. 1) Chp. 10 (

a) by striking out the word "authorizing" and substituting for it the word "authorize", and (

b) by striking out the word "setting" and substituting for it the word "set tl • (3) Subsection 300(1) of the Municipal Ordinance is amended by striking out the word "disease" and substituting for it the word "diseas'es". (4) Paragraph 301 (1) (

j) of the Municipal Ordinance is amended by striking out the word "regulate" and substituting for it the word "regulating". (5) Paragraph 301(1) (

n) of the Municipal Ordinance is amended (

a) by striking out the word "regulate" and substituting for it the word "regulating", and (

b) by striking out the word "fix" and ~ substitutin~ for it the word "fixing". (6) Paragraph 304 (1) (

j) of the Municipal Ordinance is amended by striking out the word "arrear" and substituting for it the word "arrears". (7) Subsection 315(3) of the Municipal Ordinance is amended by striking out the expression "and in such case the prOVisions of

section 313 shall apply mutatis mutandis and shall" and substituting for it the expression "in which case the provisions of

section 313 shall apply with the necessary changes, and the Board shall". (8) Subsection 333 (3) of the Municipal Ordinance is amended by striking out the word "deliver" and substituting for it the word "delivered". - 40 -

MiaceHaneoU8 Statute LazJ Ameruinent O1>dinance, 1"981 (No. 1) Chp. 10 (9) Subsection 347(1) of the Municipal Ordin~nce is amended by striking out the expression "in addition of streets" and substituting for it the expression "in addition to streets". (10) Paragraph 347(1) (

c) of the Municipal Ordinance is amended by striking out the expression "boundaries or land" and substituting for it the expression "boundaries of land". (11) Subsection 405(1) of the Municipal Ordinance is amended ,by striking out the expression "Justice of the Peace, Judge" and substituting for it the expression "Justice of the Peace or a Judge". (1) Paragraph 1 (1) (

a) of An Ordinance to Amend the Reciprocal Enforcement of Judgments Ordinance, being

Chapter 21 of the Ordinances of the Yukon Territory, 1980 (2nd), is amended by striking out the word "substituting" and substituting for it th~ expression "and substituting". - 41 -

"dwelling unit" "municipal operating grant Municipal Ordinance Grant to be paid ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 11 MUNICIPAL FINANCE ORDINANCE (Assented to April 16, 1981) The Commissioner of the Yukon Territory, by and with the.advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Municipal Finance Ordinance. 2 (1) (2) 3

(1) In this Ordinance, "dwelling unit" means one or more rooms in a building constituting a self­ contained dwelling place used or intended to be used for living and sleeping purposes by one or more persons, but does not include any dwelling place (

a) that is a hotel or motel room at any time offered for rent on a daily or weekly basis, (

b) that is excluded by the regulations, or (

c) that may not lawfully be used for living or sleeping purposes; and "municipal operating grant" includes an amount payable under subsection 8(3). Terms used in this Ordinance have the same meaning as in the Municipal Ordinance, except where the context in which they are used requires otherwise.

PART I GRANTS TO GENERAL REVENUE Grant in Lieu of Tax The Commissioner may pay to each municipality in each year a grant in lieu of taxes in an amount not exceeding the aggregate of the amounts of taxes - 42 -

Government property 11 taxes"

Schedule of property (2) (3) 4 Cl) MunicipaZ Finance 01'dinance Chp. 11 that would be payable for that year under the Assessment and Taxation Ordinance in respect of all real property of the Government of Yukon in the municipality if that property were not exempt from taxation. For the purposes of subsection (1), "real property of the Government of Yukon" means real property of the Government of Yukon in respect of which no taxes are payable under the Assessment and Taxation Ordinance and which is used in the ordinary administration of the Government of Yukon or any agency of it, (

a) including any such property that is an historic place within the meaning of the Historic Sites and Monuments Ordinance, or an historic museum established under that Ordinance, but (

b) excluding any property in respect of which taxes are to be paid by the occupant under subsection 50(3) of the Assessment and Taxation Ordinance, and land that is vacant, that is used for the purpose of highways, that is used as a park or game sanctuary, or that is exempted from this

section by the regulations. For the purposes of subsection (1), "taxes" does not include school taxes levied under

section 54 of the Assessment and Taxation Ordinance. The Commissioner shall, before May 15 in each year, transmit to each municipality a

schedule describing the real property in respect of which a grant in lieu of taxes may be paid for that year. - 43 -

Statement from municipality Assessment Grant to be paid Amount 5 (1) 6 (1) 7 (1) 8

(1) MunicipaL Finance Ordinance Chp. 11 A grant in lieu of taxes shall not be paid to a municipality until the Commissioner has received from the municipality one or more statements setting forth, for each piece of property in the municipality in respect of which the grant may be paid, (

a) the description of the property, (

b) the total amount of taxes that would be payable for the current year under the Assessment and Taxation Ordinance in respect of the property if the property were not exempt from taxation under that Ordinance, and (

c) the amount of the taxes referred to in paragraph (

b) that are local improvement taxes. For the purposes of determining the amount of a grant in lieu of taxes, the assessment of the property in respect of which the grant is payable may be the subject of a complaint or an appeal under the Assessment and Taxation Ordinance, and the assessment of the property as determined under that Ordinance binds the Commissioner. Municipal Operating Grant The Commissioner may pay to each municipality in each year a municipal operating grant in an amount calculated pursuant to sections 8 to 11. Subject to subsection (3), the amount of a municipal operating grant payable to a municipality in any year shall not exceed the difference between (

a) the product of the standard tax rate prescribed under

section 10 and the total assessed value of all taxable real property in the municipality - 44 -

Taxable property A~ditional amount Classes of municipality (2) (3 ) 9

(1) MunicipaZ Finance Ordinance Chp. 11 as determined under the Assessment and Taxation Ordinance, and (

b) the product of the standard expenditure per dwelling unit prescribed under

section 10 and the total number of dwelling units in the municipality. For the purposes of subsection (1), property in respect of which a grant in lieu of taxes may be paid shall be deemed to be taxable. Where the aggregate of municipal operating grants to be paid to municipalities in any year under

section 12 is not fully disposed of under subsection (1), the balance shall be distributed among the municipalities according to the ratio that the n~ber of dwelling units in each municipality bears to the total number of dwelling units in the Territory that are in municipalities. For the purposes of calculating the amount of a municipal operating grant, the following classes of municipality are established: (

a) Class I, municipalities in which there are 1,000 or more dwelling units: (

b) Class 11, municipalities in which there are 300 or more, but less than 1,000, dwelling units: (

c) Class Ill, municipalities in which there are 100 or more, but less than 300, dwelling units, but only including municipalities that provide the prescribed municipal services: (

d) Class IV, municipalities in which there are 100 or more, but less than 300, dwelling units, except those municipalities included in Class Ill: and - 45 -

Factors to be prescribed Standard tax rate Taxable property Standard expenditure Camps and new dwellings 10 (1) (2) (3) (4) 11

(1) Muniaipa~ Finanae Ordinanae ClIp. 11 (

e) Class V, municipalities in which there are less than 100 dwelling units. The Commissioner shall, before December 1 in each year, prescribe (

a) for each municipality, the number of dwelling units in the municipality and the class to which the municipality belongs, (

b) for each class, the standard expenditure per dwelling unit, and (

c) the standard tax rate. The standard tax rate prescribed under paragraph (1) (

c) shall be such rate, expressed as a percentage, as the Commissioner considers municipalities reasonably ought to levy upon taxable real property in the municipalities. For the purposes of subsection (2), property in respect of which a grant in lieu of taxes may be paid shall be deemed to be taxable. The standard expenditure per dwelling unit prescribed under paragraph (1) (

b) for a class of municipality shall be such amount as the Commissioner considers a municipality of that class reasonably ought to expend, per dwelling unit for the provision of the prescribed mun­ icipal services in the nature of general government, protective services, public works, environmental health, recreation and culture. For the purpose of calculating the amount of a municipal operating grant, the Commissioner may make regulations providing for taking into consideration, on an equal or proportional basis, new dwelling units constructed or brought into the municipality during the year, - 46 -

Aggregate of grants New municipality Dissolved municipality 12(1) (2) (3 ) MuniaipaZ Finance Oniinanae Chp. 11 or construction camps operated in the municipality during the year.

Subject to subsections (2), (3) and (4), the annual aggregate of the municipal operating grants to be paid to mun­ icipalities may be increased from one year to the next by a rate not exceeding the lesser of the rate of increase in the total revenues or expenditures of the Territory in that period, as shown in the main estimates, except increases in the revenues or expenditures of the Territory resulting from the assumption by the Government of Yukon, after this Ordinance comes into force, of programs administered by the Government of Canada before that time.

Where in any year a new municipality is incorporated, (a) subsection (1) continues to apply to the payment of municipal operating grants to other municipalities for that year as if the incorporation had not taken place, Cb) a separate appropriation shall be made for the payment of the mun­ icipal operating grant to the new municipality for that year, and (

c) the amount of the municipal operating grant paid to the new municipality for that year shall, for the purpose of the application of subsection (1) in the immediately ensuing year, be added to the aggregate of the municipal operating grants to be paid to other municipalities in the year of the incorporation. Where in any year a municipality is dissolved, for the purpose of the application of subsection (1) in the year immediatley ,following the year in respect of which the last payment of-a municipal operating grant is paid to the dissolved municipality, - 47 -

Change of class Time for payment Annual budget Grant may be paid (4) 13 (1) 14 (1) 15

(1) Mmicipat Finance Oniinance Chp. 11 the aggregate of the municipal operating grants paid to municipalities in respect of the year in respect of which that last payment was made shall be deemed to have been reduced by the amount of the payment made. Subsection (2) applies to any increase, and subsection (3) applies to any decrease, required to be made in the amount of a municipal operating grant resulting from a change in the classification of the municipality under

section 9. Municipal operating grants payable shall be paid in two equal installments, the first in the month of April and the second in the month of September of the year in respect of which the grant is payable. General The amount of every grant payable to a municipality under this Part, or an estimate of it, shall be shown separately in the annual operational budget of the municipality adopted by the municipality under

section 218 of the Municipal Ordinance.

PART II GRANTS FOR SPECIFIC PURPOSES Municipal Services Grants The Commissioner may in accordance with this Part pay to a municipality municipal services grants to cover a portion of the cost of the operation and maintenance by the municipality of the following facilities and services: Ca) cemeteries; Cb) water delivery by truck; - 48 -

Purpose to be stated Use of grant Payment of grant conditions to payment Amount of yrant (2) (3 ) (4 ) (5)

(6) Murr:.ail'a Z PirWJ1ce OY'dinl.lru::e Chp. 11 (

c) public transit; Cd) septic tank sewage eduction; (

e) piped water and sewer utilities; and (

f) community planning. Every municipal services grant shall specify the facility or service in respect of which it is paid. A municipal services grant shall be used for no purpose other than the operation or maintenance of the facility or service in respect of which it is specified to be paid. A municipal services grant shall be paid in accordance with the regulations, and except as provided in the regulations for exceptional circumstances, a mun­ icipal services grant shall not be paid otherwise than for expenditures previously made by the municipality in the year in respect of which the grant is paid.

A municipal services grant shall not be paid in respect of the operation or maintenance of a facility or service unless the Commissioner has approved the fees to be charged to the persons using the facility or service in the year in respect of which the grant is to be paid, and the Commissioner has approved the method in which the facility or service is operated by the municipality. For each of the facilities or services referred to in paragraphs 16(1) (

a) to (

f) the Commissioner may make regulations fixing or providing for the calculation of the amount of the municipal services grant that may be paid. - 49 -

Grant may be paid Proposal required Accounting for grant Appropriation required Regulations 16 (1) (2) 17 (1 ) 18 (1) 19

(1) Municipal Vil1anoe Orainanoe <-'hp. 11 Extraordinary Assistance Grants The Commissioner may at any time in accordance with this section, pay to a municipality an extraordinary assistance grant where the municipality faces extraordinary financial difficulty. No extraordinary assistance grant shall be paid to a municipality unless the municipality files with the Commissioner a detailed proposal satisfactory to the Commissioner setting forth the plans of the municipality for the rectification of the difficulty in respect of which the grant is to be paid.

General The expenditure of every grant paid to a municipalLty under this Part shall be accounted for separately in the financial records of the municipality, and in the financial statements of the municipality prepared under

section 248 of the Municipal Ordinance.

PART III MISCELLANEOUS Notwithstanding any other provision of this Ordinance, it shall be a condition precedent to any payment under this Ordinance that an appropriation be made by the Territorial Council. The Commissioner may make regulations for carrying into effect the purposes and provisions of this Ordinance, including regulations respecting the making of applications for grants under this Ordinance and the information or documents .that may be required to be submitted in support of an application. - 50 -

Transitional 20

(1) Municipu /. finance Oruinance '-'hp. 11 Notwithstanding subsection 7(1) but subject tri subsections (2) and (3), the amount of the municipal operating grant payable to each municipality in 1982 shall be the prescribed amount.

(2) Where a municipality has received a grant under subsection 3(1) of the Municipal ~id Ordinance in 1981, the amount of the municipal operating grant prescribed under subsection (1) for that municipality for 1982 shall not be less than the amount the municipality received under subsection 3(1) of the Municipal Aid Ordinance in 1981.

(3) Section 12 applies only in 1983 and subsequent years. 21 (1) (2) 22

(1) Sections 31, 57, 59 and 80 to 85 of the Community Assistance Ordinance are repealed, together with the headings immediately preceding any of those sections, except the heading "Operation and Maintenance Assistance" immediately preceding

section 80. The Municipal Aid Ordinance is repealed. This Ordinance comes into force on April 1, 1982. - 51 -

"borrowing by-law" "municipaU r_y" Municipal Ordinance Loalls to municipalitie» Borrowing by-law ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 12 MUNICIPAL GENERAL PURPOSES LOAN ORDINANCE, 1981 (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Municipal General Purposes Loan Ordinance, 1981. 2 (1) (2 ) 3 (1) 4

(1) In this Ordinance, "borrowing by-law" means a by-law mentioned in

section 4; and "municipality" means a village, town or city. This Ordinance shall be construed as one with the Municipa~ Ordinance, but in case of conflict, the provisions of this Ordinance shall prevail. The Commissioner may, on behalf of the Government of Yukon, lend sums not exceeding $4,500,000 in the aggregate to municipalities to enable them to carry on programs of municipal works, and for that purpose the Commissioner may, on behalf of the Government of Yukon, enter into agreements with municipalities. Subject to this Ordinance, the council of a municipality may pass by-laws for the borrowing of money for the purposes mentioned in

section 3, but no such by­ law shall be valid unless, before it is finally passed by the council, it is approved in accordance with the Municipal Ordinance. - 52 -

contents of by-law Contents of by-law Money to be used for purpose stated Municipal General Purposes Loan Ordinance. 1981 Chp. 12 5(1) (2) 6

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

a) the amount proposed to be borrowed; • (b) .the pu~po~~ ~or which the borrowed amount, is to be expended; (

c) the term of the loan; (

d) the rate of interest payable on the loan; (

e) the method of repayment of the loan; and (

f) the amount of the existing debt of the municipality, if any, and how m~ch, if any, of the principal or interest of the debt is in arrears. Every borrowing by-law shall be in such form and contain such provisions as may be required by the Commissioner, and shall (

a) fix the amount of the loan and the rate or rates of interest payable thereon, and the places and the .1. times when the principal and interest shall be payable, and (

b) provide for the levy of an annual tax or taxes sufficient to pay the principal and interest of the loan. No money borrowed pursuant to a borrowing by-law sha~l be used for a purpose other than that stated in the by-law, but if there remains an unexpended balance on completion of the work for which the money was borrowed, the balance may be used by the municipality (

a) for the repayment of any interest payable in respect of the loan, (

b) for the repayment of the principal amount of the loan or any portion thereof, or (

c) for such other purposes and upon such terms and conditions as the council of the municipality, with the approval of the Commissioner, deems appropriate. - 53 -

Early repayment Effect on taxes Effect of agreement Default Municipal General Purposes Loan 01'Ciinance, 1981 Chp. 12 7(1) (2) 8 (1) 9

(1) A borrowing by-law may provide that the loan may be repaid prior to the due date at the option of the municipality at such time or times as the municipality may find it possible to repay it. Where the loan or any portion of it is repaid prior to the due date, the re­ payment does not affect the validity of any by-law by which taxes have been imposed in respect of the loan, the validity of the taxes, or the power of the council of the muqcipality to continue to collect the taxes.

A loan agreement made pursuant to this Ordinance is valid and binding upon a municipality notwithstanding any in­ sufficiency in the form or substance of the agreement or the borrowing by-law if the by-law has been approved in accordance with the Municipal Ordinance. If a municipality defaults in the payment of the money owing in respect of a loan made under a borrowing by-law, the council shall forthwith make a special levy against all property in the munici­ pality to raise sufficient funds to pay the arrears owing on the loan. - 54 -

Appropriation required Surviving spouse ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 13 AN ORDINANCE TO AMEND THE PIONEER UTILITY GRANT ORDINANCE (Assented to April 16, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) Subsection 3(1) of the Pioneer Utility Grant Ordinance is amended by striking out the expression "three hundred dollars" and substituting for it the figure "$360".

(2) Section 3 of the Ordinance i9 amended by adding the following new subsection: "

(2) It shall be a condition of any payment pursuant to this Ordinance that an appropriation has been made by the Territorial Council. 11 2(1) Subsection 4(2) of the Ordinance is repealed and the following is substituted for it: "

(2) Notwithstanding subsection (1), an applicant shall be deemed to qualify for a pioneer grant under this Ordinance where (

a) the applicant is the surviving spouse of a person who had qualified or, but for his or her death in the year in respect of which the pioneer grant is to be paid, would have qualified for a pioneer grant under this Ordinance, and - 55 -

Saving provision An Ordinance to Amend the Pioneer Utility Grant Ordinanae Chp. 13 (

b) the applicant is 60 years of age or more on or before December 31 of the year in respect of which the pioneer grant is to be paid. 3(1) The Ordinance is amended by adding, immediately after

section 9, the following new section: "10(1) An applicant who is deemed to have qualified for a pioneer grant under

section 4 at any time before January 1, 19B1, shall be deemed to qualify as an applicant in any subsequent year, as long as the requirements of paragraphs 4(1) (

b) and (

c) are satisfied, notwithstanding that the applicant has not attained the age of 65 years or is the surviving spouse of a person who died before January 1, 19B1." - 56 -

Short title "authorized person" Itnotice" "premises" "trespass" Prohibition ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 14 SCHOOL TRESPASS ORDINANCE (Assented to April 16, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1 (1) 2(1) 3

(1) This Ordinance may be cited as the School Trespass Ordinance. In this Ordinance, "authorized person" means school admin­ istration, teaching and maintenance personnel; "notice" includes notice bY'word of mouth, in writing, or by sign bearing the words "No Trespassing" or words of similar effect; "premises" includes a building and any land that is used in connection therewith for parking, recreational or other purposes; and "trespass" includes entering or remaining without lawful authority on premises referred to in subsection 3(1).

No person shall trespass on the premises of a school, vocational school, university, college, trade school or premises used for other educational purposes, with respect to which he has had notice by an authorized person not to trespass. - 57 -

Notice Offence and penalty IImotor vehicle" Offence by operator Liability of owner Rented vehicles Registered owner (2) (3) 4 (1) (2) (3 ) (4)

(5) Sahoo~ Tre8pass Ordinanae Chp. 14 For the purposes of subsection (1), a person has notice not to trespass when he has been given notice to refrain from entering or from remaining on any premises and the notice shall be deemed (

a) to have been given by an authorized person under this Ordinance until the contrary is proved, and (

b) to continue until it is revoked. A person who contravenes subsection (1) commits an offence and is liable on

summary conviction to a fine of not more than $1,000, or to imprisonment for not more than 30 days, or both. In this

section "motor vehicle" means a vehicle that is designed to be self­ propelled in any manner except solely by muscular power. Where a trespass under

section 3 is committed by means of a motor vehicle, the operator of the motor vehicle commits the offence. Where the operator of a motor vehicle referred to in subsection (2) is not identified, the owner of the vehicle shall be presumed to be the operator unless the contrary is proved. For the purposes of subsection (3), in the case of a vehicle rented or leased from a person in the business of renting or leasing vehicles, the owner of the vehicle shall be deemed to be the person to whom the vehicle is rented or leased.

For the purposes of subsection (3), the person in whose name a motor vehicle is registered under the Motor Vehicles Ordinance shall be presumed to be the owner of the vehicle in the absence of evidence to the contrary. - 58 -

Arrest Seizure of vehicle Release of vehicle Regulations 5(1) (2) (3 ) 6

(1) Schoo~ Trespas8 Ordinance Chp. 14 A person who is found committing a trespass to which this Ordinance applies may be apprehended without warrant by a peace officer to establish the. identity of the person committing the offence for the purposes of a prosecution under this Ordinance, and the person shall be released upon his identity being established. Where in the opinion of a peace officer an offence under this Ordinance is committed by means of a motor vehicle, he may seize the vehicle on or off the premises without a warrant and retain the vehicle in custody.

A vehicle seized under subsection (2) shall not be released until the costs of the seizure and keeping it in custody have been paid, and if the vehicle remains in custody for more than seven days those costs shall be deemed to be a lien on the vehicle recoverable by the Commissioner in the manner provided as if it were a lien under the Garage Keepers' Lien Ordinance. The Commissioner may make such regulations as he deems necessary for carrying out the purposes and provisions of this Ordinance. 7

(1) This· Ordinance comes into force on a day to be fixed by the Commissioner. - 59 -

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 15 SECOND APPROPRIATION ORDINANCE, 1981-82 (Assented to April 14, 1981)

Whereas it appears by message from the Commissioner and in the estimates accompanying the message that, in addition to the sums previously appropriated, the sums mentioned in

Schedule "A" of this Ordinance are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the period of 12 months ending on March 31, 1982: The Commissioner of Yukon, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Second Appropriation Ordinance, 1981-82. 2(1) In addition to the sum of $25,608,000 provided for in the First Appropriation Ordinance, 1981-82, but including the sum of $9,544,200 provided for in the Interim Supply Appropriation Ordinance, 1981-82, from and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole $114,529,600 for defraying the several charges and expenses of the public service of Yukon for the period of twelve months ending on March 31, 1982, as set forth in

Schedule "A" of this Ordinance and that sum shall not be paid or applied except in accordance with

Schedule "A". 3(1) The due application of all monies paid or applied pursuant to

section 2 shall be accounted for. - 60 -

Second Appropriation Opdinance, 1981-82

SCHEDULE "A" Appropriation or Item Yukon Legislative Assembly Executive Council Office Education Consumer and Corporate Affairs Health and Human Resources Municipal and Community Affairs Tourism and Economic Development Justice Highways and Public Works Public Service Commission Intergovernmental Relations Finance Library and Information Resources. Renewable Resources Government Services Yukon Housing Corporation Loan Capital Loan Amortization Total - 61 - Chp. 15 $ (Dollars) (000 's) 989.0 820.8 24,035.9 1,332.5 22,177.2 5,540.0 1,819.6 7,984.0 24,164.9 1,293.0 962.4 3,533.0 1,665.4 4,086.9 2,735.0 1,357.0 5,000.0 5,033.0 $114,529.6

"cause of action" Actions of deceased Fatal Accidents Ordinance Actions against deceased Preservation of action ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 16 SURVIVAL OF ACTIONS ORDINANCE (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Survival of Actions Ordinance. 2 (1) 3(1) (2) 4 (1) 5

(1) In this Ordinance "cause of action" means the right to institute a civil prcceeding, and includes a civil pro­ ceeding instituted before death, but does not include a prosecution for contravening an Ordinance, regulation or by-law. All causes of action vested in a person who dies after the commencement of this Ordinance, survive for the benefit of his estate. The rights conferred by subsection (1) are in addition to and not in derogation of any rights conferred by the Fatal Accidents Ordinance. All causes of action subsisting against a person who dies after the commencement of this Ordinance survive against his estate. Where damage has been suffered by reason of

an act or omission as a result of which a cause of action would have subsisted against a person if that person had not died before or at the same time as the damage was suffered, there is deemed to have been subsisting against him before his death whatever - 62 -

Recoverable damages Calculation of damages Nature of action Administration ad litem 6 (1) 7 (1) 8 (1) 9

(1) SUl'vivaZ of Actions O1'dinance Chp. 16 cause of action as a result of the act or omission would have subsisted if he had not died before or at the same time as the damage was suffered. Where a cause of action survives for the benefit of the estate of a deceased person, only damages that have resulted in actual pecuniary loss to the deceased person or the estate are recoverable and, without restricting the generality of the foregoing, the damages recoverable shall not.include punitive or exemplary damages or damages for loss of expectation of life, pain and suffering or physical disfigurement.

Where the death of a person was caused by the act or omission that gave rise to the cause of action, the damages shall be calculated without reference to any loss or gain to his estate consequent on his death, except that there may be included in the damages awarded an amount sufficient to cover the reasonable expenses of the funeral and the disposal of the body of the deceased if those expenses were, or liability therefor was, incurred by the estate.

Every cause of action that survives under this Ordinance and every judgment or order thereon or relating to the costs thereof is an asset or liability, as the case may be of the estate for the benefit of which or against which the action was taken or the judgment or order made. Where a cause of action survives against the estate of a deceased person and there is no personal representative of the deceased person against whom such an action may be brought or continued in the Territory, the Court may, - 63 -

Action against administrator Q Administrator as defendant Judgment against administrator Limitation Limitation (2) (3) (4) 10(1)

(2) Survival of Actions Ordinance Chp. 16 (

a) O~ the application of a person entitled to bring or continue such an action, and (

b) on such notice as the Court may consider proper, appoint an administrator ad litem of the estate of the deceased person. The administrator ad litem is an admin­ istrator against whom such an action may be brought or continued and by whom such an action may be defended. The administrator ad litem as defendant in any such action may take any steps that a defendant may ordinarily take in an action, including third party proceed­ ings and the bringing, by way of counter­ claim, of any action that survives for the benefit of the estate of the deceased person.

Any judgment obtained by or against the administrator ad litem has the same effect as a judgment in favour of or against the deceased person, or his personal representative, as the case may be, but it has no effect for or against the administrator ad litem in his personal capacity. Notwithstanding the Limitation of Actions Ordinance or any other Ordinance limiting the time within which an action may be brought, a cause of action that survives under this Ordinance is not barred until the expiry or the period provided by this section. Proceedings on a cause of action that survives under

section 3 or 4 may be brought (

a) within the time otherwise limited for the bringing of the action, or - 64 -

Limitation

(3) No revival

(4) Commissioner 11 (1) 12(1) NOTE: Survival of Actions Ordinance Chp. 16 (

b) within one year from the date of death, whichever is the longer period. Proceedings on a cause of action that survives under

section 5 may be brought (

a) within the time otherwise limited for the bringing of the action, which shall be calculated from the date the damage was suffered, or (

b) within one year from the date the damage was suffered, whichever is the longer period. This Ordinance does not operate to revive any cause of action in or against a person that was barred at the date of his death. The Commissioner is bound by this Ordinance. Sections 36, 37 and 38 of the Trustee Ordinance are repealed. This Ordinance is based on a model Act recommended by the Uniform Law Conference of Canada. - 65 -

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 17 THIRD APPROPRIATION ORDINANCE, 1980-81 (Assented to April 14, 1981)

whereas it appears by message from the Commissioner and in the estimates accompanying the message that, in addition to the sums previously appropriated, the sums mentioned in

Schedule "A" of this Ordinance are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the period of 12 months ending on March 31, 1981: The Commissioner of Yukon, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Third Appropriation Ordinance, 1980-81. 2(1) In addition to the sum of $29,164,000 provided for in the First Appropriation Ordinance, 1980-81 and the sum of $108,987,900 provided for in the Second Appropriation Ordinance, 1980-81, from and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole $4,855,300 for defraying the several charges and expenses of the public service of Yukon for the period of twelve months ending on March 31, 1981, as set forth in

Schedule "A" of this Ordinance and that sum shall not be paid or applied except in accordance with

Schedule "A". 3(1) The due application of all monies paid or applied pursuant to

section 2 shall be accounted for. - 66 -

Third Appropriation Ordinance, 1981-82

SCHEDULE "A" Appropriation or Item Yukon Legislative Assembly Executive Council Office Education Consumer and Corporate Affairs Health and Human Resources Municipal and Community Affairs Tourism and Economic Development Justice Highways and Public Works Public Service Commission Office of the Pipeline Coordinator Finance Library and Information Resources Renewable Resources Government Services Yukon Housing Corporation Total - 67 - ,:'hp. 1;' $ (Dollars) (000' s) (1. 3) 214.8 (2,030.0) 263.7 821. 3 1,598.3 (621.5) 329.4 1,821.1 33.1 (51. 8) 298.2 44.3 959.5 609.7 566.5 $4,855.3

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 18 THIRD APPROPRIATION ,ORDINANCE, 1981-82 (Assented to April 14, 1981)

Whereas it appears by message from the Commissioner and in the estimates accompanying the message that, in addition to the sums previously appropriated, the sum mentioned in

Schedule "A" of this Ordinance is required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the period of 12 months ending on March 31, 1982: The Commissioner of Yukon, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the Third Appropriation Ordinance, 1981-82. 2(1) In addition to the sum of S25,608,000 provided for in the First Appropriation Ordinance, 1981-82, and the sum of SI14,529,600provided for in the Second Appropriation Ordinance, 1981-82, from and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole Sl,OOO,OOO, as set forth in

Schedule "A" of this Ordinance, for defraying the charges and expenses of the public service of Yukon for the period of twelve months ending on March 31, 1982, and that sum shall not be paid or applied except in accordance with

Schedule "A". 3(1) The due application of all monies paid or applied pursuant to

section 2 shall be accounted for. - 68 -

Third Appropriation Ordinance, 1981-82 Chp. 18

Schedule "A" Appropria Hon Loan - British Yukon Railway $1,000,000. - 69 -

ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 19 AN ORDINANCE TO AMEND THE TOBACCO TAX ORDINANCE (Assented to April 14, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) Paragraph 4(1) (

a) of the Tobac~ Tax Ordinance is amended by striking out the exp~ession "three fifths of one cent" and substituting for it the expression "one and six tenths cents". 2(1) This Ordinance shall be deemed to have come into force on April 1, 1981. - 70 -

Deduction for absence Exception ORDINANCES OF THE YUKON TERRITORY 1981 (1st),

Chapter 20 AN ORDINANCE TO AMEND THE YUKON COUNCIL ORDINANCE (Assented to April 16th, 1981) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) Subsections 40.1(1) and (2) of the Yukon Council Ordinance are amended in each case (

a) by striking out the expression "twelve thousand, four hundred dollars" and substituting for it the figure "$18,750", and (

b) by striking out the expression "six thousand, two hundred dollars" and substituting for it the figure "$9,250".

(2) Subsect ion 40.1 (3) of the Ordi nance' is amended (3) . (

a) by striking out the expression "ten thousand, four hundred dollars" and substituting for it the fi~ure "$18,750", and (

b) by striking out the expression "five thousand, two hundred dollars" and substituting for it the figure "$7,250".

Section 40.1 of the Ordinance is amended by adding the following new subsections: "

(6) From the indemnity payable to a member under this

section a deduction of $100 shall be made (7) (

a) for each day the member is absent from a sitting of the Council, and (

b) for each day the member is absent from a sitting ofa committee of which he is a member, Where his absence is not excused by the rules of the committee providing for another member of the Council to take the place of the absent committee member. No deduction shall be made under subsection (6) in respect of any absence resulting from - 71 -

An Ordinance to Amend the Yukon Council Ordinance Chp. 20 (

a) the sickness of the member, (

b) a sickness or death in the immediate family of the member, (

c) any cause beyond the reasonable control of the member as determined by the Speaker, or (

d) the attendance of the member at any meet i ng or· event as a member of the Executive Council, as a representative of the Government of Yukon, or as a representative of the Counci I." 2(1) Subsection 40.2(1) of the Ordinance is amended (

a) in paragraph (a), by striking out the express ion "six tholJsand, two hundred dollars" and substituting for it the figure "$6,000", and by striking out the word "and", (

b) in paragraph (b), by striking out the expression "three thousand, one hundred dollars" and substituting for it the figure "$3,000", and by adding the word "and" to the end of the paragraph, and (

c) by adding the following new paragraph: "(

c) to a member who is the chairman of a select committee, a salary of $2,000 per annum." 3(1) Subsection 40.3(1) of the Ordinance is amended by striking out the expression "twenty-four thousand dollars" and substituting for it the figure "$20,000" • 4(1) Subsection 40.6(2) of the Ordinance is amended by striking out all of the words following the expression "the immediately preceding year". 5(1) Subsection 40.7(3) of the Ordinance is amended by striking out the expression "one thousand, two hundred dollars" and substituting for it the figure "$2,200".

(2) Subsection 40.7(5) of the Ordinance is amended by striking out the word "ten" and substituting for it the fi gure "12". - 72 -

TABLE OF ORDINANCES (Being a table of those Ordinances included in the Revised Ordinances. 1971. those subsequently added to the consolidation thereof or those enacted since the coming into force of the Revised Ordinances. 1971.) Legend: In. Included in Am. Amended En. Enacted Sp. = Spent Rp. Repealed History = from the earlier of (

i) enactment; or Re. Re-enacted (

H) inclusion in R.O.Y.T •• 1971 N.C.N.R. = Not Consolidated. Not Repealed. * On May 20. 1981 this Ordinance or amendment had not yet been proclaimed into force. Consolidation

Chapter No~ =

Chapter designation of the Ordinances having general application to members of the public. as contained in the Consolidated version of the Ordinances of the Yukon Territory. CONSOLIDATION ORDINANCES

CHAPTER No. HISTORY Adult Occupational Training N.C.N.R. En. O.Y.T. 1975 (1st) • c. 10 Agreements Repeal Age of Majority A-O.l En. O.Y.T. 1972 (1st) • c. 1 Alaska Highway Maintenance

(1972) N.C.N.R. En. O.Y.T. 1972 (1st) • c. 2 Animal Protection A-0.2 En. O.Y.T. 1977 (2nd) • c. 1 Apprentice Training A-l In. R.O.Y.T. 1971. c. A-l Arbitration A-2 In. R.O.Y.T. 1971. c. A-2 Archives A-3 In. R.O.Y.T. 1971. c. A-3 Area Development A-4 In. R.O.Y.T. 1971. c. A-4; lIm. O.Y.T. 1975 (3rd) • c.3 Assessment and Taxation A-4.1 En. O.Y.T. 1972 (1st) • c. 13; lIm. O.Y.T. 1975 (1st) • c. 18; lIm. O.Y·.T. 1979 (2nd) • c. 16; lIm. O.Y.T. 1980 (lst) • c. 20. lIm. O.Y.T. 1980 (2nd) • c. 17. Assessment in the City of N.C.N.R. En. O.Y.T. 1977 (2nd) • c. 11 Whitehorse Assignment of Book Debts A-5 In.

R.O.Y.T. 1971. c. A-5; Rp. O.Y.T. 1980 (2nd) • c. 20. Bills of Sale B-1 In. R.O.Y.T. 1971. c. B-1; Rp. O.Y.T. 1980 (2nd) • c. 20. Blasting 8-2 In. R.O.Y'.T. 1971. c. B-2 - 7] - s. 2; s. 440 s. 74 * s. 74 *

Boiler and Pressure Vessels B-2.1 En. O.Y.T. 1979 (2nd) , c. 1; Am. O.Y.T. 1980 (2nd) , c. 16, s. 1 Brands B-J In. R.O.Y.T. 1971, c. B-J; Am. O.Y.T. 1980 (1st) , c. 20, s. J Building Standards B-J.1 En. O.Y.T. 197J (lst) , c. 1; Am. O.Y.T. 1980 (2nd) , c. 17, s. 440 • Bulk Sales B-4 In. R.O.Y.T. 1971, c. B-4 Business Development Assistance B-4.1 En. O.Y.T. 1980 (1st) , c. 1 • Business Licence B-5 In. R.O.Y.T. 1971, c. B-5; Am. O.Y.T. 1980 (1st) , c. 20, s. 4 Cancer Diagnosis C-1 In. R.O.Y.T. 1971, c. C-1 Cemeteries and Burial Sites C-2 In. R.O.Y.T. 1971, c. C-2 Change of Name C-3 In. R.O.Y.T. 1971, c.

C-3 Child Welfare C-4 In. R.O.Y.T. 1971, c. C-4; Am. O.Y.T. 1972 (1st) , c. 15 Chiropractic C-5 In. R.O.Y.T. 1971, c. C-5; Am. O.Y.T. 1972 (1st) , c. 16 Choses in Action C-6 In. R.O.Y.T. 1971, c. C-6; Am. O.Y.T. 1980 (2nd) , c. 20, s. 75 • Citizenship Instruction C-7 In. R.O.Y.T. 1971, c. C-7 Agreement Civil Defence Workers' N.C.N.R. En. O.·LT. 1973 (1st) , c. 26 Compensation Agreement Civil Emergency Measures C-8 In. R.O.Y.T. 1971, c. C-8 Collection C-9 In. R.O.Y.T. 1971, c. C-9 Ccmmunity Assistance C-9.1 En. O.Y.T. 1975 (1st), c. 1; Am. O.Y.T. 1975 (Jrd) , C. 4; Am. O.Y.T. 1976 (1st) , c. 4; Am.

O.Y.T. 1977 (1st) , c. 8; Am. O.Y.T. 1978 (1st), c. 3; Am. O.Y.T. 1980 (1st) , c. 2; Am. O.Y.T. 1980 (2nd) , c. 1; Am. O.Y.T. 1980 (2nd) , c. 16, s. 2 Am. O.Y.T. 1981 (1st) , c. 11, s. 21 Comp'lnies C-10 In. R.O.Y.T. 1971, c. C-I0; Am. O.Y.T. 1975 (Jrd) , c. 5; Am. O.Y.T. 1980 (1st) , c. 3; Am. O.Y.T. 1980 (2nd) , c. 2; Am. O.Y.T. 1980 (2nd) , c. 20, s. 76 • Compensation for Victims C-10.1 En. O.Y.T. 1975 (1st) , c. 2; of Crime Am. O.Y.T. 1976 (1st) , c. 5; Am. O.Y.T. 1980 (2nd) , c. 3 Am. O.Y.T. 1981 (1st) , c. 10, s. 1 Conditional Sales C-ll In. R.O.Y.T. 1971, c. C-ll; Rp.

O.Y.T. 1980 (2nd) , c. 20, s. 74 • - 74 -

Condominium C-12 In. R.O.Y.T. 1971, c. C-12, Am. O.Y.T. 1977 (2nd) , c. 5, Am. O.Y.T. 1980 (lst) , c. 4 Conflict of Laws (Traffic C-12.1 En. O.Y.T. 1972 (1st), c. l Accidents) Consumers' Protection C-ll In. R.O.Y.T. 1971, c. C-13 Contributor¥ Negligence C-14 In. R.O.Y.T. 1971, c. C-14, Am. O.Y.T. 1980 (lst) , c. '20, s. 5 Controverted Elections C-15 In. R.O.Y.T. 1971, c. C-15, Am. O.Y.T. 1977 (2nd), c. l, s.10l co-operative Associations C-16 In. R.O.Y.T. 1971, c. C-16; Am. O.Y.T. 1973 (lst) , c. 8; Am. O.Y.T. 1975. (2nd) , c. 7, Am. O.Y.T. 1980 (2nd), c. 4 Am.

O.Y.T. 1981 (1st) , c. 10, s. 2 Cornea Transplant C-17 Iri. R.O.Y.T. 1971, c. C-17; Rp. O.Y.T. 1980 (lst) , c. 14, s. 16 Coroners C-18 In. R.O.Y.T. 1971, c. C-18, Am. O.Y.T. 1972' (2nd) , c. 17 Corporation Securities C-19 In. R.O.Y.T. 1971, c. C-19; Registration Am. O.Y.T. 1980 (1st) , c. 20, s. 6, Rp. O.Y.T. 1980 (2nd) , c. 20, s. 74 * Corrections C-19.1 En. O.Y.T. 1971 (lst) , c. 2, Am. O.Y.T. 1980 (1st) , c. 20, s. 7 Court of Appeal C-20 In. R.O.Y.T. 1971, c. C-20 Court WOrker Agreement N.C.N.R. En. O.Y.T. 1975 (lst) , c. l Credit Union C-20.1 En. O.Y.T. 1977 (lst) c. 2, Rp.

O.Y.T. 1980 (1st) , c. 5 • Credit Unions C-21 In. R.O.Y.T. 1971, c. C-21; Am. O.Y.T. 1975 (2nd) , c. 8; Am. O.Y.T. 1976 (1st) , c. 6, Rp. O.Y.T. 1977 (lst) , c. 2, s.158 Creditors' Relief C-22 In. R.O.Y.T. 1971, c. C-22 Curfew C-2l In. R.O.Y.T. 1971, c. C-2l Custody of Federal Parole Violators N.C.N.R. En. O.Y.T. 1975 (1st) , c. 4 Agreement Dawson, City of, General N.C.N.R. En. O.Y.T. 1971 (lst) , c. 25 Purposes Loan Dawson City Utilities Replacement N.C.N.R. En. O.Y.T. 1978 (1st) , c. 14; Am. O.Y.T. 1980 (2nd) , c. 16, s. l Dawson General Purposes Loan N.C.N.R. En. O.Y.T. 1972 (lst) , c.

II Dawson Historic Sites N.C.N.R. En. O.Y.T. 1977 (1st) , c. 21 Aid Grants - 75 -

Day Care D-01 En. O.Y.T. 1979 (2nd) , c. 3; Am. O.Y.T. 1980 (2nd) , c. 16, s. 4 Defamation D-1 In. R.O.Y.T. 1971, c. D-1; Am. O.Y.T. 1980 (2nd) , c. 5 Dental Profession D-2 In. R.O.Y.T. 1971, c. D-2; Am. O.Y.T. 1973 (1st), c. 9· , . Am. O.Y.T. 1979 (lst) , c. 1 Dependants' Relief D-3 In. R.O.Y.T. 1971, c. D-3; Rp. O.Y.T. 1980 (2nd) , c. 6 * Dependants' Relief D-3.1 En. O.Y.T. 1980 (2nd) , c. 6 * Am. O.Y.T. 1981 (1st) , c. 10, s. 3 Devolution of Real Property D-4 In. R.O.Y.T. 1971, c. D-4 Disabled Persons' Allowance D-5 In. R.O.Y.T. 1971, c. D-5; Rp. O.Y.T. 1975(lst), c. 11 Distress D-6 In. R.O.Y.T. 1971, c.

D-6; Am. O.Y.T. 1980 (2nd) , c. 20, s. 77 * Dog D-7 In. R.O.Y.T. 1971, c. D-7; Am. O.Y.T. 1980 (2nd). c. 16, s. 5 Elections E-1 In. R.O.Y.T. 1971, c. E-1; Am. O.Y.T. 1974 (2nd) , c. 5; Am. O.Y.T. 1975 (3rd) , c. 6; Am. O.Y.T. 1977 (1st), c. 9; Am. O.Y.T. 1977 (2nd) , c. 2; Am. O.Y.T. 1977 (2nd) , c. 3, s.104; Am. O.Y.T. 1978 (1st) , c. 4 Elections, 1977 E-1.2 En. O.Y.T. 1977 (2nd) , c. 3; Am. O.Y.T. 1980 (1st) , c. 20, s. 8; Am. O.Y.T. 1980 (2nd) , c. 7 Electrical District E-l. 3 En. O.Y.T. 1977 (2nd) , c. 2 Boundaries Commission Electoral District N.C.N.R. En. O.Y.T. 1974 (2nd) , c. 1; Boundaries Commission Sp.

June 17, 1974 Electoral District N.C.N.R. En. O.Y.T. 197.7 (lst) , c. 3; Boundaries Commission Sp. November 7, 1977 Electrical Protection E-2 In. R.O.Y.T. 1971, c. E-2; Rp. O.Y.T. 1976 (3rd) , c. 3 Electrical Protection E-2.01 En. O.Y.T. 1976 (3rd) , c. 3 Electrical Public Utilities E-2.1 En. O.Y.T. 1972 (1st) , c. 4; Am. O.Y.T. 1974 (2nd) , c. 6 Elevator and Fixed Conveyances E-3 In. R.O.Y.T. 1971, c. E-3 Emergency Medical Aid E-3.1 En. O.Y.T. 1976 (3rd), c. 1 Employment Agencies E-4 In. R.O.Y.T. 1971, c. E-4; Rp. O.Y.T. 1972 (1st) , c. 5 Employment Agencies E-4.1 En. O.Y.T. 1972 (1st) , c. 5 - 76 -

Energy Conservation Agreement N.C.N.R. Engineering Profession E-5 Evidence E-6 Executions E-6.1 Exemptions E-7 Expropriation E-8 Factors F-1 Fair Practices . F-2 Faro General Purposes Loan N.C.N.R. Faro General Purposes Loan N.C.N.R. Fatal Accidents F-3 Fatal Accidents F-3.1 Fifth Appropriation, 1971-72 N.C.N.R. Fifth Appropriation, 1973-74 N.C.N.R. Fifth Appropriation, 1974-75 N.C.N.R. Fifth Appropriation, 1977-78 N.C.N.R. Financial Administration F-4 Financial Administration F-4.1 Financial Agreement, 1973 N.C.N.R. \ Financial Agreement, 1974 N.C;N.R. Financial Agreement, 1975 N.C.N.R.

Financial Agreement, 1976 N.C.N.R. Financial Agreement, 1977 N.C.N.R. Financial Agreement, 1978 N.C.N.R. Financial Agreement, 1979 N.C.N.R. Financial 'Agreement, 1980 N.C.N.R. Financial Agreement, 1981 N.C.N.R. Fire Prevention F-5 En. O.Y.T. 1980 (1st), c. 6 * In. R.O.Y.T. 1971, c. E-5 In. R.O.Y.T. 1971, c. E-6; Am. O.Y.T. 1980 (1st), c. 7; Am. O.Y.T. 1980 (1st), c. 20, s. 9 Am. O.Y.T. 1981 (1st), c. 10, s. 4 En. O.Y.T. 1980 (1st), c. 8 In. R.O.Y.T. 1971, c. E-7 In. R.O.Y.T. 1971, c. E-8 In. R.O.Y.T. 1971, c. F-1; Am. O.Y.T. 1980 (2nd), c. 16, s. 6; Am. O.Y.T. 1980 (2nd), c. 20, s. 78 * In. R.O.Y.T. 1971, c.

F-2; Am. O.Y.T. 1974 (2nd), c. 7 En. O.Y.T. 1972 (1st), c. 30 En. O.Y.T. 1973 (lst), c. 27 In. R.O.Y.T. 1971, c. F-3; Rp. O.Y.T. 1980 (1st), c. 9 En. O.Y.T. 1980 (1st), c. 9 En. O.Y.T. 1972 (1st), c. 28 En. O.Y.T. 1974 (2nd), c. 16 En. O.Y.T. 1974 (2nd), c. 21 En. O.Y.T. 1979 (1st), c. 5 In. R.O.Y.T. 1971, c. F-4; Rp. O.Y.T. 1976 (3rd), c. 4 En. O.Y.T. 1976 (3rd), c. 4 En. O.Y.T. 1973 (1st), c. 28 En. O.Y.T. 1974 (2nd), c. 22 En. O.Y.T. 1975 (1st), c. 21 En. O.Y.T. 1976 (1st), c. 10 En. O.Y.T. 1977 (1st), c. 14 En. O.Y.T. 1978 (1st), c. 19 En. O.Y.T. 1979 (1st), c. 8 En. O.Y.T. 1980 (1st), c. 10 En.

O.Y.T. 1981 (1st), c. 1 In. R.O.Y.T. 1971, c. F-5; Am. O.Y.T. 1972 (1st), c. 18; Am. O.Y.T. 1973 (1st), c. 10; Am. O.Y.T. 1980 (2nd), c. 12; Am. O.Y.T. 1980 (2nd), c. 16, s. 7 - 77 -

Firearms Administration Agreement N.C.N.R. ·En. O.Y.T. 1979 (1st) , c. 3 First Appropriation, 1972-73 N.C.N.R. En. O.Y.T. 1972 (lst) ,. c. 27 First Appropriation, 1973-74 N.C.N.R. En. O.Y.T. 1973 (1st) , c. 21 First Appropriation, 1974-75 N.C.N.R. En. O.Y.T. 1974 (2nd) , c. 17 First Appropriation, 1975-76 N.C.N.R. En. O.Y.T. 1975 (1st) , c. 20 First Appropriation, 1976-77 N.C.N.R. En. O.Y.T. 1976 (1st) , c. 11 First Appropriation, 1977-78 N.C.N.R. En. O.Y.T. 1977 (1st), c. 15 First Appropriation, 1978-79 N.C.N.R. En. O.Y.T. 1978 (1st) , c. 18 First Appropriation, 1979-80 N.C.N.R. En.

O.Y.T. 1979 (1st), c. 7 First Appropriation, 1980-81 N.C.N.R. En. O.Y.T. 1979 (2nd) , c. 4 First Appropriation, 1981-82 N.C.N.R. En. O.Y.T. 1980 (2nd) , c. 8 Fitness and Amateur sport F-6 In. R.O.Y.T. 1971, c. F-6 Agreement Flag F-7 In. R.O.Y.T. 1971, c. F-7 Floral Emblem F-8 In. R.O.Y.T. 1971, c. F-8 Forest Protection F-9 In. R.O.Y.T. 1971, c. F-9 Am. O.Y.T. 1980 (lst) , c. 20, s. 10 Fourth Appropriation, 1972-73 N.C.N.R. En. O.Y.T. 1973 (lst) , c. 20 Fourth Appropriation, 1973-74 N.C.N.R. En. O.Y.T. 1973 (4th) , c. 24 Fourth Appropriation, 1974-75 N.C.N.R. En.

O.Y.T. 1974 (2nd) , c • 20 • Fourth Appropriation. 1975-76 N.C.N.R. En. O.Y.T. 1976 (1st) , c. 12 Fourth Appropriation, 1977-78 N.C.N.R. En. O.Y.T. 1978 (lst) , c. 17 Fraudulent Preferences F-9.1 En. O.Y.T. 1973 (1st) , c. 3 and Conveyances Frustrated Contracts F-10 In. R.O.Y.T. 1971, c. F-I0 Rp. O.Y.T. 1980 (lst) , c. 11, Frqstrated Contracts F-10.1 En. O.Y.T. 1980 (1st) , c. 11 Fuel Oil Tax F-11 In. R.O.Y.T. 1971, c. F-H; Rp. O.Y.T. 1973 (lst) , c. 4 Fuel Oil Tax F-ll.1 En. O.Y.T. 1973 (1st) , c. 4 Am. O.Y.T. 1975 (2nd) , c. 9 Am. O.Y.T. 1979 (lst) , c. 2 Am. O.Y.T. 1981 (1st) • c. 2 Fur Export F-12 In.

R.O.Y.T. 1971, c. .F-12 Am. O.Y.T. 1979 (2nd) c. 5 Game G-l In. R.O.Y.T. 1971, c. G-l; Am. O.Y.T. 1972 (1st) , c. 19; Am. O.Y.T. 1973 (lst) , c. H; (cont'd) - 78 -

Am. O.Y.T. 1975 (2nd), c. 10; Am. O.Y.T. 1975 (3rd), c. 7, Am. O.Y.T. 1979 (2nd) , c. 6; Am. O.Y.T. 1980 (2nd) , c. 9; Am. O.Y.T. 1980 (2nd) , c. 16, s. 8 Gaols G-2 In. R.O.Y.T. 1971, c. G-2 Garage Keepers' Lien G-3 In. R.O.Y.T. 1971, c. G-3; Am. O.Y.T. 1980 (2nd) , c. 20, s. 79 * Garnishee G-4 In. R.O.Y.T. 1971, c. G-4; Rp. O.Y.T. 1980 (lst) , c. 12 * Garnishee G-4.1 En. O.Y.T. 1980 (1st) , c. 12 * Gasoline Handling G-5 En. O.Y.T. 1972 (1st) , c. 6 General Development G-5.1 En. O.Y.T. 1977 (let) , c. 4 Agreement Government Employee G-6 En. O.Y.T. 1975 (1st) , c. 5, Housing Plan Am. O.Y.T. 1980 (lst) , c. 13, Am.

O.Y.T. 1980 (1st) , c. 20, s. 11 Health Care Insurance Plan H-1 In. R.O.Y.T. 1971, c. H-l Am. O.Y.T. 1981 (lst) , c. 3 * Highways H-1.1 En. O.Y.T. 1975 (3rd) , c. 1; Am. O.Y.T. 1976 (3rd) , c. 5; Am. O.Y.T. 1978 (1st) , c. 5 Historic Sites and Monuments H-2 In. R.O.Y.T. 1971, c. H-2, Am. O.Y.T. 1975 (2nd) , c. 11 Home Owner's Grant H-2.1 En. O.Y.T. 1976 (1st), c. 1; Am. O.Y.T. 1976 (3rd) , c. 6; Am. O.Y.T. 1978 (lst) , c. 6; Am. O.Y.T. 1980 (2nd) , c. 10 Am. O.Y.T. 1981 (1st) , c. 4 Hospita1 Insurance Services H-3 In. R.O.Y.T. 1971, c. H-3; Am. O.Y.T. 1975 (3rd), c. 8 Hotels and Tourist H-4 In. R.O.Y.T. 1971, c.

H-4 Establishments Housing H-5 In. R.O.Y.T. 1971, c. H-S Housing Corporation H-5.1 En. O.Y.T. 1972 (1st) , c. 7 Housing Development . H-6 In. R.O.Y.T. 1971, c. H-6; Am. O.Y.T. 1975 (2nd) , c. 12 Human Tissue Gift H-7 En. O.Y.T. 1980 (1st) , c. 14 Immuni ty of Members I-I In. R.O.Y.T. 1971. c. I-I; Rp. O.Y.T. 1978 (1st) , c. 2. s.42 Income Tax I-I. 01 En. O.Y.T. 1979 (2nd) , c. 7; Am. O.Y.T. 1980 (2nd) , c. 11 Institute of Chartered 1-1.1 En; O.Y.T. 1976 (3rd) , c. 2 Accountants - 79 -

Insurance 1-2 In. R.O.Y.T. 1971, c. 1-2/ Rp. O.Y.T. 1977 (1st) , c. 1, s.236 Insurance 1-2.01 En. O.Y.T. 1977 (1st) , c. 1; Am. O.Y.T. 1977 (2nd) , c. 4, s. 257; Am. O.Y.T. 1980 (1st) , c. 15; Am. O.Y.T. 1980 (1st) , c. 20, s. 12; Am. O.Y.T. 1980 (2nd) , c. 16, s. 9 Insurance Premium Tax 1-2.1 En. O.Y.T. 1976 (1st) , c. 2, Am. O.Y.T. 1976 (3rd) , c. 7/ Am. O.Y.T. 1980 (2nd) , c. 12 Interim Supply Appropriation, 1974-75 N.C.N.R. En. O.Y.T. 1974 (2nd) , c. 23 Interim Supply Appropriation, 1980-81 N.C.N.R. En. O.Y.T. 1980 (1st) , c. 16 Interim Supply Appropriation, 1981-82 N.C.N.R. En. O.Y.T. 1981 (1st) , c. 5 International Child Abduction 1-2.2 ·En. O.Y.T. 1981 (1st) , c. 6 (Haque Convention)

Interpretation 1-3 In. R.O.Y.T. 1971, c. 1-3; Am. O.Y.T. 1973 (1st) , c. 12; Am. O.Y.T. 1974 (2nd) , c. 8, Am. O.Y.T. 1979 (2nd) , c. ·2, s. 4; Am. O.Y.T. 1980 (1st) , c. 20, s. 13; Am. O.Y.T. 1980 (1st) , c. 30, s. 35; Am. O.Y.T. 1980 (2nd) , c. 20, s. 80 * Interprovincial Subpoena 1-3.1 En. O.Y.T. 1981 (1st) • c. 7 Intestate Succession 1-4 In. R.O.Y.T. 1971; c. 1-4 Judicature J-1 In. R.O.Y.T. 1971, c. J-1; Am. O.Y.T. 1975 (2nd) , c. 13; Am. O.Y.T. 1980 (1st) , c. 28, s. 1; Am. O.Y.T. 1980 (1st) , c. 30. s. 35; Am. O.Y.T. 1980 (2nd) , c. 13; * Am. O.Y.T. 1980 (2nd). c. 15; * Am.

O.Y.T. 1980 (2nd) , c. 20, s. 81 * Jury J-2 in. R.O.Y.T. 1971, c. J-2 Justice of the Peace J-3 In. R.O.Y.T. 1971, c. J-3; Am. O.Y.T. 1976 (3rd) , c. 8; Rp. O.Y.T. 1979 (2nd) , c. 8, s. 23 Justice of the Peace Court J-3.1 En. O.Y.T. 1979 (2nd), c. 8 Labour Standards L-1 In. R.O.Y.T. 1971, c. L-1/ Am. O.Y.T. 1973 (1st), c. 13; Am. O.Y.T. 1974 (2nd), c. 9; Am. O.Y.T. 1975 (1st), c. 14; Am. O.Y.T. 1975 (3rd). c. 9 Land Acquisition Fund L-1.1 En. O.Y.T. 1976 (2nd) , c. 1 Landlord and Tenant L-2 In. R.O.Y.T. 1971. c. L-2; Am. O.Y.T. 1972 (1st) , c. 20; Am. O.Y.T. 1980 (1st) , c. 20, s. 14 Lands L-3 In.

R.O.Y.T. 1971, c. L'-3/ Rp. O.Y.T. 1972 (1st) , c. 8, 14 - 80 -

Lands L-3.01 Legal Aid L-3.1 Legal Profession L-4 Legal Profession Accounts L-5 Legitimation L-6 Limitation of Actions L-7 Liquor L-8 Liquor ,Tax L-8.1, Loan Agreement (1972), No.1 N.C.N.R. Loan Agreement (1973), No.l N.C.N.R. Loan Agreement (1973), No.2 N.C.N.R. Loan Agreement (1974), No.l N.C.N.R. Loan Agreement (1975), No.l N.C.N.R. Loan Agreement (1975), No.2 N.C.N.R. Loan Agreement (1976), No.l N.C.N.R. Loan Agreement (1977), No.l N.C.N.R. Loan Agreement (1978), No.l Loan Agreement (1979), No.l N.C.N.R. Loan Agreement (1980), No.l N.C.N.R. Loan Agreement (1981), No.l N.C.N.R.

Local Improvement District L-9 Lord's Day L-I0 Lotteries L-I0.1 En. O.Y.T. 1972 (1st), c. 8, 14 Am. O.Y.T. 1981 (lst), c. 8 * En. O.Y.T. 1975 (3rd), c. 2 In. R.O.Y.T. 1971, c. L-4; Am. O.Y.T. 1975 (3rd), c. 10; Am. O.Y.T. 1979 (2nd), c. 9; Am. O.Y.T. 1980 (1st), c. 20, s. 15 In. R.O.Y.T. 1971, c. L-5; Am. O.Y.T. 1980 (lst), c,, 20, s. 16 In. R.O.Y.T. 1971, c. L-6 In. R.O.Y.T. 1971, c. L-7 In. R.O.Y.T. 1971, c. L-8; Am. O.Y.T. 1976 (1st), c. 3,' s.5; Am. O.Y.T. 1976 (3rd), c. 9; Am. O.Y.T. 1977 (lst), c. 13; Am. O.Y.T. 1979 (2nd), c. 10; • Am. O.Y.T. 1980 (1st), c. 17; Am. O.Y.T. 1980 (1st), c. 20, s. 17 En.

O.Y.T. 1976 (1st), c. 3; Am. O.Y.T. 1977 (lst), c: 10; Am. O.Y.T. 1980 (1st), c. 18 En. O.Y.T. 1972 (1st), c. 26 En. O.Y.T. 1973 (1st), c. 29 En. O.Y.T. 1973 (1st), c. 30 En. O.Y.T. 1974 (2nd), c. 24 En. O.Y.T. 1975 (1st), c. 22 En. O.Y.T. 1976 (1st), c. 14 En. O.Y.T. 1976 (1st), c. 13 En. O.Y.T. 1977 (1st), c. 19 En. O.Y.T. 1978 (1st), c. 20 En. O.Y.T. 1979 (1st), c. 9 En. O.Y.T. 1980 (1st), c. 19 Rp/Re. O.Y.T. 1980 (2nd), c. 14 En. O.Y.T. 1981 (1st), c. 9 In. R.O.Y.T. 1971, c. L-9; Am. O.Y.T. 1972 (1st), c. 21; Am. O.Y.T. 1972 (2nd), c. 22; Am. O.Y.T. 1977 (1st), c. 11; Am. O.Y.T. 1977 (1st), c. 22; Am.

O.Y.T. 1977 (2nd), c. 6; Rp. O.Y.T. 1980 (2nd), c. 17, s. 441 * In. R.O.Y.T. 1971, c. L-I0 En. O.Y.T. 1974 (2nd), c. 2 - 81 -

Low Cost Housing L-H In. R.O.Y.T. 1971, c. L-11 Magistrate's Court M-l See Territorial Court Maintenance M-2 In. R.O.Y.T. 1971. c. M-2; Am. O.Y.T. 1980 (1st) • c. 30. s. 34; Rp. O.Y.T. 1980 (2nd) , c. 15 • Marriage M-3 In. R.O.Y.T. 1971. c. M-3 Am. O.Y.T. 1981 (1st) • c. 10. s. 5 Married Women's Property M-4 In. R.O.Y.T. 1971, c. M-4 Matrimonial Property M-4.1 See Matrimonial Property & Family Support Matrimonial Property & M-4.1 En. O.Y.T. 1979 (2nd) c. 11 Family Support Am. O.Y.T. 1980 (2nd) • c. 15 • Am. O.Y.T. 1980 (2nd) • c. 16. s. 10 Mechanics' Lien M-5 In. R.O.Y.T. 1971, c. M-5; Am.

O.Y.T. 1980 (2nd) • c. 20. s. 82 * Mediation Board M-5.1 En. O.Y.T. 1972 (1st) • c. 9 Medical Profession M-6 In. R.O.Y.T. 1971. c. M-6; -Am. O.Y.T. 1975 (3rd) • c. 11; Am. O.Y.T. 1978 (1st). c. 7; Rp. O.Y.T. 1979 (2nd) • c. 12. s. 63 Medical Profession M-6.1 En. O.Y.T. 1979 (2nd) • c. 12; Am. O.Y.T. 1980 (2nd) • c. 16. s. 11 Mental Health M-7 In. R.O.Y.T. 1971, c. M-7; Am. O.Y.T. 1973 (1st) • c. 14, Am. O.Y.T. 1980 (1st) • c. 20. s. 18 Metric Information Agreement N.C.N.R. En. O.Y.T. 1977 (2nd) • c. 12 Miners' Lien M-8 In. R.O.Y.T. 1971. c. M-8 Mining Safety M-9 In. R.O.Y.T. 1971, c. M-9; Am.

O.Y.T. 1974 (2nd) , c. 10; Am. O.Y.T. 1975 (lst) • c. 15; Am. O.Y.T. 1978 (1st) • c. 8 Motion Pictures M-10 In. R.O.Y.T. 1971, c. M-I0 Motor Vehicles M-11 In. R.O.Y.T. 1971. c. M-11; Am. O.Y.T. 1972 (lst) • c. 23; Am. O.Y.T. 1973 (1st), c. 15; Am. O.Y.T. 1974 (2nd) • c. 11; Am. O.Y.T. 1975 (3rd) • c. 12; Am. O.Y.T. 1976 (2nd) • c. 4; Am. O.Y.T. 1977 (1st). c. 1. s.236; Rp. O.Y.T. 1977 (2nd) • c. 4. s.258 Motor Vehicles M-H.l En. O.Y.T. 1977 (2nd). c. 4, Am. O.Y.T. 1980 (1st) • c. 20, s. 19; Am. O.Y.T. 1980 (lst) , c. 21; Am. O.Y.T. 1980 (lst) • c. 30, s. 35; Am. O.Y.T. 1980 (1st) • c. 32. s. 26; Am.

O.Y.T. 1980 (2nd) • c. 17, s. 440 - 82 -

Municipal M-12 Municipal M-12.:j. Municipal Aid M-13 Municipal Elections M-14 Municipal Employees Benefits M-IS Municipal Finance M-15.1 Municipal General Purposes Loan

(1974) N.C.N.R. ,-Municipal General Purposes Loan

(1975) N.C.N.R. Municipal General Purposes Loan

(1976) N;C.N.R. Municipal General Purposes Loan

(1977) N.C.N.R. Municipal General Purposes Loan

(1978) N.C.N.R. Municipal General Purposes Loan

(1979) N.C.N.R. Municipal General Purposes Loan

(1980) N.C.N.R. Municipal General Purposes Loan

(1981) N.C.N.R. Newspaper Noise Prevention Notaries Northern Natural Gas Pipeline Agreement Occupational Training Old Age Assistance and Blind Persons' Allowance Optometry Parks Partnership N-l N-2 N-3 N.C.N.R. 0-0.1 0-1 0-2 P-Ol P-l En. O.Y.T. 1972 (1st), c. 10; Am. O.Y.T. 1975 (lst), c. 16; Am. O.Y.T. 1975 (2nd), c. 14; Am. O.Y.T. 1976 (3rd), c. 10; Am. O.Y.T. 1977 (2nd), c. 7; Am. O.Y.T. 1980 (1st), c. 20, s. 20; Am. O.Y.T. 1980 (1st), c. 30, s. 35; Rp. O.Y.T. 1980 (2nd), c. 17 * En. O.Y.T. 1980 (2nd), c. 17 * Am. O.Y.T. 1981 (1st), c. 10, s. 7 En. O. Y. T. 1972 (lst), c. 11; Rp.

O.Y.T. 1980 (2nd), c. 17, s. 441 * Rp. O.Y.T. 1981 (lst), c. 11, s. 21 * En. O.Y.T. 1972 (lst), c. 12; Rp. O.Y.T. 1980 (2nd), c. 17, s. 441 * En. O.Y.T. 1975 (2nd), c. 1; Rp. O.Y.T. 1980 (2nd), c. 17, s. 441 * En. O.Y.T. 1981 (1st), c. 11 * En. O.Y.T. 1974 (2nd), c. 25 En. O.Y.T. 1975 (1st), c. 23 En. O.Y.T. 1976 (1st), c. 15 En. O.Y.T. 1977 (1st), c. 20 En. O.Y.T. 1978 (1st), c. 21 En. O.Y.T. 1979 (1st), c. 10 En. O.Y.T. 1980 (1st), c. 22; Am. O.Y.T. 1980 (2nd), c. 18 En. O.Y.T. 1981 (1st), c. 12 In. R.O.Y.T. 1971, c. N-1 In. R.O.Y.T. 1971, c. N-2 In. R.O.Y.T. 1971, c. N-3; Am. O.Y.T. 1974 (2nd), c. 12 En.

O.Y.T. 1979 (1st), c. 4 En. O.Y.T. 1975 (1st), c. 6 In. R.O.Y.T. 1971, c. 0-1; Rp. O.Y.T. 1975 (1st), c. 12 In. R.O.Y.T. 1971, c. 0-2 En. O.Y.T. 1979 (2nd), c. 13; Am. O.Y.T. 1980 (2nd), c. 16, os. 12 In. R.O.Y.T. 1971, c. P-1; Am. O.Y.T. 1977 (2nd), c. 8; Am. O.Y.T. 1980 (1st), c. 20, s. 21; Am. O.Y.T. 1980 (2nd), c. 19 Am. O.Y.T. 1980 (2nd), c. 20, s. 83 * - 83 -

Pawnbrokers and Second­ Hand Dealers Perpetuities Perpetuities Personal Property Security Pharmaceutical Chemists Pioneer Utility Grant Plebiscite Pounds Pres~ption of Death Presumption of Death Public Health Public Inquiries Public Printing Public Service Public Service Commission Public Service Staff Relations Purchase and Supply Services Agreement Real Estate Agents' Licensing Reciprocal Enforcement of Judgments Reciprocal Enforcement of Maintenance Orders Reciprocal Enforcement of Maintenance Orders Recording of Evidence by Sound Apparatus Recreation Development.

P-2 P-3 P-3.1 P-3.2 P-4 P-4.1 P-5 P-6 P-7 P-7.1 P-8 P-8.1 P-9 P-10 P-10.1 P-ll N.C.N.R. R-0.1 R-1 R-2 R-2.1 R-3 R-3.1 In. In. Rp. En. En. In. Am. ·Am. En. Am. Am. In. In. Am. Am. In. Rp. En. In'. Am. Am. En. In. In. Rp. En. In. Am. Am. En. En. Am. In. Am. Am. In. Rp. En. In. En. Am. - 84 - R.O.Y.T. 1971, c. P-2 R.O.Y.T. 1971, c. P-3; O.Y.T. 1980 (1st) , c. 23 O.Y.T. 1980 (1st) , c. 23; O.Y.T. 1980 (2nd) , c. 20 • R.O.Y.T. 1971, c. P-4; O.Y.T. 1973 (1st) , c. 16; O.Y.T. 1975 (3rd) , c'. 13 O.Y.T. 1978 (1st) , c. 1; O.Y.T. 1980 (1st) , c. 20, s. 22 O.Y.T. 1981 (1st) , c. 13 R.O.Y.T. 1971, c. P-5 R.O.Y.T. 1971, c.

P-6; O.Y.T. 1973 (1st) , c. 17; .O.Y.T. 1980 (1st) , c. 20, s. 23 R.O.Y.T. 1971, c. P-7; O.Y.T. 1980 (1st) , c. 24 O.Y.T. 1980 (lst) , c. 24 R.O.Y.T. 1971, c. P-8; O.Y.T. 1972 (1st), c. 24; O.Y.T. 1975 (3rd) , c. 14 O.Y.T. 1973 (1st) , c. 5 R.O.Y.T. 1971, c. P-9 R.O.Y.T. 1971, c. P-10; O.Y.T. 1976 (2nd) , c. 2, s. 217 O.Y.T. 1976 (2nd) , c. 2 R.O.Y.T. 1971, c. P-ll; O.Y.T. 1974 (2nd) , c. 13; O.Y.T. 1976 (3rd), c. II O.Y.T. 1973 (1st) , c. 31 O.Y.T. 1977 (1st) , c. 5; O.Y.T. 1980 (1st) c. 20, s. 24 R.O.Y.T. 1971, c. R-1; O.Y.T. 1980 (2nd) , c. 21 O.Y.T. 1981 (1st) , c. 10, s. 8 R.O.Y.T. 1971, c.

R2; O.Y.T. 1980 (1st) , c. 25 O.Y.T. 1980 (1st) , c. 25 R.O.Y.T. 1971, c. R-3 O.Y.T. 1977 (1st) , c. 6; O.Y.T. 1980 (2nd) , c. 17, s. 440 •

Regulations R-4 In. R.O.Y.T. 1971, c. R-4; Am. O.Y.T. 1980 (lst) , c. 20, s. 25 Rehabilitation Services R-5 In. R.O.Y.T. 1971, c. R-5; Am. O.Y.T. 1975 (1st) , c. 17 Rental-Purchase Housing N.C.N.R. En. O.Y.T. 1972 (1st) , c. 25 Retirement Plan Beneficiaries R-5.1 En. O.Y.T. 1979 (2nd) , c. 14 Robert Campbel1 Bridge Agreement N.C.N.R. En. O.Y.T. 1973 (4th) , c. 32 Sale of Goods 5-1 In. R.O.Y.T. 1971, c. S-l Saw Logs Driving 5-2 In. R.O.Y.T. 1971, c. S-2 School S-3 In. R.O.Y.T. 1971, c. s-3; Rp. O.Y.T. 1974 (2nd) , c. 14 School S-3.1 En. O.Y.T. 1974 (2nd) , c. 14; Am.

O.Y.T. 1980 (2nd) , c. 22 School Trespass 5-3.2 En. O.Y.T. 1981 (1st) , c. 14 * Scientists and Explorers S-4 In. R.O.Y.T. 1971, c. s-4 Second Appropriation, 1972-73 N.C.N.R. En. O.Y.T. 1972 (lst) , c. 29 Second Appropriation, 1973-74 N.C.N.R. En. O.Y.T. 1973 (1st) , c. 22 Second Appropriation, 1974-75 N.C.N.R. En. O.Y.T. 1974 (2nd) , c. 18 Second Appropr ia tion , 1975-76 N.C.N.R. En. O.Y.T. 1975 (2nd) , c. 17 Second Appropriation, 1976-77 N.C.N.R. En. O.Y.T. 1977 (lst) , c. 18 Second Appropriation, 1977-78 N.C.N.R. En. O.Y.T. 1977 (lst) , c. 16 Second Appropr ia tion, 1978-79 N.C.N.R. En.

O.Y.T. 1979 (lst) , c. 6 Second Appropriation, 1979-80 N.C.N.R. En. O.Y.T. 1980 (lst) , c. 26 Second Appropriation, 1980-81 N.C.N.R. En. O.Y.T. 1980 (lst) , c. 27 Second Appropriation, 1981-82 N.C.N.R. En. O.Y.T. 1981 (1st) , c. 15 Securities 5-5 In. R.O.Y.T. 1971, c. 5-5; Am. O.Y.T. 1976 (3rd) , c. 121 Am. O.Y.T. 1980 (lst) , c. 20, s. 26; Am. O.Y.T. 1980 (2nd) , c. 20, s. 84 * Sixth Appropriation, 1974-75 N.C.N.R. En. O.Y.T. 1975 (lst) , c. 19 Social Assistance 5-6 In. R.O.Y.T. 1971, c. 5-6; Am. O.Y.T. 1980 (2nd) , c. 16, s. 13 Societies S-7 In. R.O.Y.T. 1971, c. 5-7; Am. O.Y.T. 1974 (2nd) , c. 15; Am.

O.Y.T. 1980 (lst) , c. 20, s. 27; Am. O,Y.T. 1980 (2nd) , c. 23 Society of Industrial 5-7.1 See Society of Management Accountants Accountants Society of Management 5-7.2 En. O.Y.T. 1975 (2nd) , c. 2; Accountants Am. O.Y.T. 1977 (2nd) , c. 9 - 85 -,

Special Rural Development N.C.N.R. En. O.Y.T. 1978 (lst) , c. 15 Agreement (Special ARDA) Stabilization Fund Loan S-7.3 En. O.Y.T. 1977 (lst) , c. 7; Am. O.Y.T. 1978 (lst) , c. 9; Rp. O.Y.T. 1980 (1st) , c. 29 * Steam Boilers S-8 In. R.O.Y.T. 1971, c. S-8; Rp. O.Y.T. 1979 (2nd) , c. 1, s.43 Students' Financial Assistance S-8.1 En. O.Y.T. 1~75 (2nd) , c. 3; Am. O.Y.T.