ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1975 FIRST SESSION J. SMITH COMMISSIONER PnDtecl _d Publialted 10f' the CoventmeDt of the Yukoa Territo~ uDder Authorit,. 01

Chapter 93 of the CoDlolidated OrdiDaDcea 01 .151. BY H. J. TA YLOR, QueeD'. PnDter

ORDINANCES OF THE YUKON TERRITORY 1975

CHAPTER NO. TITLE PAGE Community Assistance Ordinance 2 Compensation for the Victims of Crime Ordinance 18 3 Court Worker Agreement Ordinance 27 4 Custody of Federal Parole Violators Agreement Ordinance 28 5 Government Employee Housing Plan Ordinance 29 6 Occupational Training Ordinance 32 7 Supervision of Federal Parolees Agreement Ordinance 34 8 Transfer of Prisoners Agreement Ordinance 35 9 Young Voyageur Agreement Ordinance 36 10 N.C.N.R. An Ordinance to Repeal the Adult Occupational Training Agreements Ordinance 37 11 N.C.N.R. An Ordinance to Repeal the Disabled Persons' Allowance Ordinance 38 12 N.C.N.R.

An Crdinance to Repeal the Old Age Assistance and Blind Persons' Allowance Ordinance 39 13 N.C.N.R. An Ordinance to Repeal the Unemployment Assistance Agreement Ordinance 40 14 An Ordinance to Amend the Labour Standards Ordinance 41 15 An Ordinance to Amend the Mining Safety Ordinance 42 16 An Ordinance to Amend the Municipal Ordinance 43 17 An Ordinance to Amend the Rehabilitation Services Ordinance 45 18 An Ordinance to Amend the Taxation Ordinance 48 19 N.C.N.R. Sixth Appropriation Ordinance. 1974-75 49 20 N.C.N.R. First Appropriation Ordinance. 1975-76 51 21 N.C.N.R.

Financial Agreement Ordinance. 1975 53 22 N.C.N.R. Loan Agreement Ordinance

(1975) No. 1 55 23 NaC.N.R. Municipal General Purposes Loan Ordinance 56 Table of Ordinances 58

CUAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) COMMUIUTY ASSISTANCE ORDWAIlCE (Assented to March 26, 1975) 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. (

l) This Ordinance may be cited as the Community Assistance Ordinance.

In this Ordinance "approved" means approved by the Commissioner; "capital project cost" means the actual cost of the project and includes any planning and ellgineering costs directly attributable to and approved for the project but does not include any admi~istration costs and overhead charges of the applicant; "improving" in respect of a road or street includes widenillg. straightening. extending. changing the grade of. diverting. paving. 'landscaping or boulevarding a street or road; constructing a side- walk. footcrossing. curbing. bridge-culvert or embankment forming part of a street or road. installing underground street lighting or constructing a system of storm drainage; "piped sewer system" includes sewage treatment facilities and equipment. sewage lift stations. trunk and force mains. buildings whose principal use is to house sewage treatment equipment. land required for plant. but does not include collection mains; "piped water system" includes water pumping and treatment equipment. intakes. buildings housing water systems equipment. wells. storage tanks and ancillary equipment. trunk supply mains and land required for plant. but does not include distribution mains; "unorganized area" means an area of the Territory designated as an unorganized area pursuant to

section 60; "utility" includes all wires and pipes which provide service to property and includes piped storm drains. Citation "approved" "capital project cost" "improving" "piped sewer system" "piped water system" "unorganized area" "utility"

(2) Any expression defined in the Municipal Ordinance,

Interpretation Local Improvement District Ordinance or Taxation Ordinance and not otherwise defined in this Ordinance shall have the meaning assigned to it in the Municipal Ordinance, Local Improvement District Ordinance or Taxation Ordinance as the case may require. - 1 -

Cap~tal Payment Conditions - Municipalities Conditions - Local Improvement Districts Conditions - Unorganized Areas Appropriation must be made Water or Sewer System 3. (1 ) 4. (1) 5. (1) 6. (1) 7.(1) 8.

(1) Grant for Mains 9.

(1) System Subsidy 10.

(1) Calculation

(2) Community Assistance Chp. 1 The Con~issioner may, pursuant to this Ordinance. make capital payments to municipalities or in respect of local improvement districts and unorgani zed areas for the constructi on, rehabil i tati on, operation anu maintenance of approved projects. It shall be a condition of a capital payment to a municipality that (

a) the proposed project is included in the approved five year capital budget of the municipality; and (

b) that no portion of the cost of the project which is funded by Canada or the Territory or any corporation or agency thereof is eligible for funding pursuant to this Ordinance. It shall be a condition of a capital payment in a local improvement district that (

a) the proposed project is included in an approved five year capital budget of the district; and (

b) that no portion of the cost of the project which is funded by Canada or the Territory or any corporation or agency thereof is eligible for funding pursuant to this Ordinance. It shall be a condition of a capital payment in an unorganized area that (

a) the priority of the project shall be determined by the Commissioner in consultation with the residents of the area; and (

b) an organization representative of the area enter into an agreement with the Commissioner to ensure that the project will be operated and maintained for such period as may be required. It shall be a condition of any payment pursuant to this Ordinance that an appropriation has been made by the Territorial Council. Muni ci pa 1 iti es Piped Sewer and Water Systems The Commissioner may pay to a municipality an amount not exceeding 90 per centum of the cost of an approved piped water system or an approved piped sewer system.

Uistribution and Collector Systems The Commissioner may pay to a municipality a portion of the construction cost of an approved distribution mains of a piped water system and the collector mains of a piped sewer system pursuant to

section 10. Where the actual per foot construction cost of an approved mains project exceeds the amount calculated pursuant to subsection (2). the Commissioner shall pay to the municipality in respect of properties served by the mains, three-quarters of the excess. The Commissioner shall calculate the average per foot cost of the construction of a sewer collector main or a water distribution main in the Territory in the previous year. - 2 -

11.(1) 12.(1) 13.(1) 14. (1 ) 15.(1) 16.

(1) Community Assistance Chp. 1 In calculating the excess cost pursuant to subsection 10(1). the Commissioner shall not include any excess costs caused by the use of mains pipes which are larger than the pipes wh1ch would ordinar11y be required to serve exist1ng developed properties and which are provided to serve land not yet developed. ' Roads In this

section "total cost" means the whole cost of the improve­ ment of a road which has been approved for a capital payment; "recoverable cost" means an estimate made by the Comm1ssioner of the cost of a road (includ1ng curb1ng. sidewalks. pavement and storm drainage but not including footcrossings. bridge-culverts or embankments). sufficient to serv1ce those properties abutting on the road to the minimum standard based on the construction costs of roads in the Territory in the prev10us year or. where no relevant road has been constructed 1n the previous year. the best estimate of the Territorial Engineer; "shareable cost" means the difference between the total cost and the recoverable cost.

Future Properties excluded "total cost" "recoverable cost" "shareable cost" The Commissioner shall pay to a municipality 90 90% grant per centum of the shareable cost of arterial roads. The Commissioner shall pay to a municipality 80 80% grant per centum of the shareable cost of collector roads. A road may be designated by a regulation of the Designation Commissioner as an arterial road or collector road of a Road in accordance with the criteria established pursuant' to

section 16. In designating a road. the Commissioner shall have Criteria for regard to the following matters: Designation (

a) the traffic the road bears or will be required to bear; (

b) the relationship of the road to other roads and highways; and in respect of a collector road (

c) whether the road provides traffic service and land service; (

d) allows direct access to abutting properties as well as collects traffic from and distributes traffic to local and arterial roads; (e) ~Ihether it carries medium volume traffic from local roads to arterial roads and from arterial roads to local roads; and in the case of an arterial road (

f) whether it carries large volumes of all types of traffic between principal areas of traffic generation; (

g) whether it is designed to carry large volumes of traffic at high speeds between areas of major traffic generation; and - 3 -

Minimum Width Underground Utilities COlNllunity Buildings Amount of Grant Municipality pays 10% Payment by Cash or Labour Computation of Labour (2) 17.(1) 18.(1) 19.

(1) Community Assistance Chp. 1 (

h) whether some access is permitted to abutting properties but without interfering by such access with the primary function of the road as a'traffic distributor. In order to be eligible for a capital payment. a road must be not less than 32 feet wide and the design of the improvement must be approved by the Commissioner. The cost of placing utilities underground shall not be included in the approved cost of a road unless they are installed at least one construct­ ion season before the surface improvements are made.

Community Facilities The Commissioner may pay to a municipality 90 per centum of the approved cost of building a community soci a 1 and, recreati ona 1 facil i ty. The amount payable by the Commissioner pursuant to

section lB shall not exceed the following amounts: (

a) enclosed skating rink; $250,000 (

b) community hall. 106,650 community hall with gymnasium. or 167,400 community hall as part of a community complex; 160.000 (

c) curling rink; 99.000 (

d) skiing chalet; 30,000 (

e) enclosed swimming pool for summer use; 30.000

(2) Approval for construction of a community hall with gymnasium shall not be given where a suitable gymnasium already exists in an area.

(3) The amounts payable by the Commissioner pursuant to subsection (1) shall be adjusted annually by , regulation at the commencement of each financial year by a percentage in accordance with changes in the input index for non-residential construction for the previous year as described in the Statistics Canada publication "Prices and Price Indexes" catalogue number 62-002 using the prices fixed in subsection (1) as the base figures. 20. (l) 21.(1) 22. (1 ) It shall be a condition of the payment that the municipality contribute an additional amount of 'not less than 10 per centum of the amount of the payment. The portion of the cost to be paid by the municipality pursuant to

section 20 may be contributed either by cash or by donations of labour or a combination of cash and labour. Donated labour value shall be computed at the current hourly rate paid to members of the public service. - 4 -

23. (1) 24. (1) 25.

(1) Community Assistance Chp. 1 Where labour is not donated or the donated labour does not equal the amount required by

section 20. any balance shall be contributed in cash payable by the municipality at large. The Commissioner shall not make a payment pursuant to

section 10 to a municipal ity for more than one facility of the same kind except as provided in

section 25. A municipality with a population greater than 4.000 may receive a payment for one adqitional facility of the same kind for each additional population of 3.000 or may combine such additional facility with the original facility in the same application. (2) Subsection (1) does not apply in respect of a skiing chalet or a community hall as part of a community complex. 26.

(1) A municipality may. subject to the approval of the Commissioner be given. in lieu of a payment for the building of a new facility. a payment for the purchase of an existing building for a facility where (a) (b) (c) (

d) the building meets the minimum requirements of the National Building Code; the estimated life of the bullding and the building site justify the investment of the funds i the current needs of the community can be met by the building or the building as modifi ed; and the building and the site conform to the zoning regulations of the municipality.

(2) The amount of a payment pursuant to subsecticn (1) shall not exceed the amount owing and unpaid by the community or community organization owning the 27. (1) 28. (1) 29. (1) 30.(1) buil di ng. Cemeteries The Commissioner may pay to a municipality the development cost of one cemetery. The cost of a cemetery may include the price of the land. fencing. planning. survey costs and the construction of an access road to a gravelled standard. but does not include payment for existing improvements.

Waste Disposal The Con~issioner may pay to a municipality 75 per centum of the cost of restoring existing waste disposal grounds to sanitary landfill standards and pay 75 per centum of the cost of acquiring and developing one new approved waste disposal ground including fencing and the construction of an access road to a gravelled' standard. The Commissioner may pay to a municipality GO per centum of the capital cost of necessary compaction equipment to be used solely for sanitary landfill purposes.

(2) A municipality may not be given more than one payment pursuant to this section. - 5 - Balance Payable in Cash Payment limited to One Building Further Buildings for Large Municipalities Purchase of Old Buildings Cemeteries Cost of Development Nuisance Ground Machinery

Grant for 31.

(1) Community Plan Five Year Review

(2) Terms of

(3) Reference Piped Systellla Special Levy Further Speci~l Levy 32.(1) 33.(1) 34.

(1) Distribution 35.(1) and Collector Mains Calcula~ion of 36.

(1) Basic Cost Recovery of 37.

(1) Cost Developer pays 38.(1) for new Subdivision Community Assistance Chp. 1 Community Planning The Commissioner may pay to a municipality the cost of the first community plan required for the municipality including the cost of preparation of initial zoning plans. land use maps and zoning by-laws. The Commissioner may pay to a municipality the cost of a review of the community plan and zoning by-laws once every five years. No application pursuant to this

section may be granted unless the Commissioner has approved in advance (

a) the terms of reference for the preparation of the plan; and (

b) the qualifications of the person to be appointed to carry out the study and advise in respect of the plan. and not less than twelve months' notice of the application is given to the Commissioner by the municipality. Local Improvement Districts Piped Water and Sewer Systems The Commissioner may pay in a local improvement district the cost of a piped water system or a piped sewer system. There shall be applied against all lands and improvements in a district within which a piped water system exists. a special levy of 1 mill on the assessment thereof.

There shall be applied against all lands and improvements in a district within which a piped sewer system exists. a special levy of 1 mill on the assessment thereof. Distribution and Collector Systems The Commissioner may pay the cost of the distribution mains of a piped water system and the collector mains of a piped sewer system and recover the cost thereof as a local improvement by means of a frontage charge against the lands benefftted or deemed to be beneff tted. .

The Commissioner shall calculate the average per foot cost of the construction of a sewer main or a water main in the Territory in the previous year. The Commissioner may impose a frontage charge on all lands benefitted or deemed to be benefitted to recover over a period of years the cost of the mains calculated in accordance with the cost established under

section 36. Where land abutting a distribution mains or a collector mains is subdivided into lots. the developer shall be responsible for paying the actual construct­ ion cost of all pipes within the subdivision. - 6 -

community AS8i8tanae Chp. 1 Roads 39.

(1) The Commissioner may pay the approved cost of Construction arterial roads and collector roads in a local of Roads improvement district.

(2) There shall be applied against all lands and Special Levy improvelilents in a district within which a road is improved. a speci all evy of 1 mi 11 on the asst!ssment thereof. 40.

(1) Prior to the improvement of a road. the Commissioner Advance shall cause to be prepared an estimate of the cost Estimate of of a road sufficient to service those properties Cost abutting on the road to the minimum standard based on the construction costs of roads in the Territory in the previous year or. where no relevant road has been constructed in the previous year. the best estimate of the Territorial Engineer. 41.

(1) The Commissioner shall levy a frontage charge on any Recovery of lands abutting the road to which the road provides Cost access to recover over a period of years the amount of the cost mentioned in

section 40. 42.

(1) The cost of placing utilities underground shall not Underground be included in the cost of a road unless they are Utilities installed at least one construction season before the surface improvements are made. 43.

(1) A road may be designated by a regulation of the Designation Commissioner as an arterial road or collector of Roads road in accordance with the criteria established pursuant to subsection (2) • . (

Z) In designating a road. the Commissioner shall have regard to the following matters: (

a) the traffic the road bears or will be required to bear; (

b) the relationship of the road to other roads and highways; and in respect of a collector road (

c) where the road provides ·traffic service and land service; (

d) a1lo~ls direct access to abutting properties as well as collects traffi c from and di stri butes traffic to local and arterial roadsi (

e) whether it carries medium volume traffic from local roads to arterial roads and from arterial roads to local roads; and in the case of an arterial road (f) ~Ihere it carries large volumes of all types of traffic between principal areas of traffic generation; (

g) whether it is designed to carry large volumes of traffic at high speeds bet\~een areas of major traffic generation; and (

h) whether some acc~ss is permitted to abutting properties but without interfering by such access with the primary function of the road as a traffic distributor. - 7 -

Grant for Community Buildings Amount of Grants Annual Adjustment of Cost District to Contribute 10% Contribution by Cash or Labour Value of Labour Balance Payable in Cash Recovery of Balance by Special Levy 44. (1) 45.

(1) Community Assistance Chp. 1 Community Facilities The Commissioner may pay in a district 90 per centum of the approved cost of building a community social and recreational facility. The amount of a payment payable by the Commissioner pursuant to

section 44 shall not exceed the follow­ ing amounts: (

a) enclosed skating rink; $250.000 (

b) community hall, 106.650 community hall with gymnasium. or 167.400 (c) (

d) community hall as part of a community complex; curling rink; skiing chalet; (

e) enclosed swirruning pool for surrimer use; 160.000 99.000 30.000 30.000

(2) Approval for construction of a community hall (3) with gymnasium shall not be given where a suitable gymnasium already exists in an area. The amounts payable by the Commissioner pursuant to subsection (1) shall be adjusted annually be regulation at the conmencement of each financial year by.a percentage in accordance with changes to the input index for non-residential construction for the previous year as described in the Statistics Canada publication "Prices and Price Indexes" catalogue number 62-002 using the prices fixed in subsection (1) as the base figures.

(4) Any facility constructed pursuant to subsection (1) shall be deemed to be a local improvement within the meaning of

section 54 of the Taxation Ordinance. 46. (1) 48. (1) 49.(1) 50.

(1) It shall be a condition of the payment that the district contribute an additional amount of not less than 10 per centum of the amount of the payment. The portion of the cost to Le paid by the district. pursuant to

section 46. may be contributed either by cash.or by uonutiol'ls of labour or a combination of cash and labour. Donated labour shall be computed at the current hourly rate paid to members of the public service. Where lacour is not donated or the donated labour does not equal the required amount. any bulance shall be contributed in cash by the district. Where the amount required to be paid pursuant to

section 46 is not paid. the amount shall be recovered by the imposition of a special levy. not exceeding 3 mills annually applied on the assessment of all lands and improvements in the district until the required amount has been:,'''r_,:, recovered. - [1 -

51. (1 ) 52. (1) 53. (1) 54.(1) 55. (1) 56. (1) 57. (1 ) 56. (1 ) Community Aasistanae Chp. 1 The Commissioner shall not make a payment pursuant to

section 44 in a district for more than one fac1lity of the same kind except as provided in

section 52. A district with a population greater than 500 may be given a payment as part of a community complex for the enhancement of existing facilities not exceeding $160,000 •. A district may, subject to the approval of the Commissioner, be given in lieu of a payment for the building of a new facility, a payment for the purchase of an existing building for a facility \~here (

a) the building meets the minimum requirements of the National Building Code; (

b) the estimated life of the building and the building site justify the investment of the funds; (

c) the current needs of the community can be met by the buil di ng or the buil di ng as modified; and (

d) the building and the site conform to the zoning regulations of the district. The amount of a paymer,t pursuant to

section 53 shall not exceed the amount o\~ing and unpaid by the commun1ty or community organization owning the building. Where an application is made for a payment pursuant to

section 53 and the amount unpaid and owing in respect of the building by the community or community organization, is less than 70 per centum of the value of the building, the district shall not be required to pay any portion of the 10 per centum required to be paid by the district pursuant to

section 46. The trustees of the district shall enter into an agreement with the Commissioner respecting the operation and maintenance and the establishment of user cha rges in respect of any facil ity constructed, reconstructed or purchased pursuant to a payment under

section 45. Where the !loard becomes the o~mer of any buil cli ng constructed, reconstructed or purchased pursuant to a payment pursuant to

section 45 and the user charges agreed on between the trustees and the Comm1ssioner are insufficient in any year to meet the costs of heating, lighting and maintenance of the building, the Commissioner shall pay the insufficiency and impose a levy not exceeding 2 m1lls on the assess­ ment of every property in the district in respect of each such bu1ld1ng in the ensuing year.

Waste Disposal The Comm1ssioner may pay the cost of developing an approved solid waste disposal ground in a district including the cost of fencing and construction of an access road to gravelled road standards and provide for the restoration of any existing waste disposal ground. - 9 - Grant Limited to One Building One Building per District Purchase of New Building Limitation Amount of Payment Establishment of User Charges Recovery of Loss Grant for Nuisance Ground

Community Plan Five Year Review 59. (1)

(2) Community Assistance Chp. 1 COlrnllunity Planning The Commissioner sha 11 prepare the. fi rst conmuni ty plan required for the district including the cost of preparation of initial zoning plans, land use maps and zoning by-laws. The Commissioner may prepare a review of the community plan and zoning by-laws once every five years. Terms of Reference

(3) No application pursuant to this

section may be granted unless the Commissioner has approved in Designation of Unorganized Area Skating Rink community Building Amount of Grant 60.(1) 61. (1) 62.(1) 63. (1) advance . (

a) the terms of reference of the preparation of the p1ani (

b) the person to be appointed to carry out the study and advise in respect of the p1ani and (

c) not less than twelve months' notice of the application is given to the Commissioner by the district. Unorganized Areas The Commissioner may designate any area of the Territory which is not contiguous to an organized area to be an unorganized area for the purposes of this Ordinance. Community Facilities The Commissioner may pay the cost of an illuminated outdoor skating rink together with a heated room. The Commissioner may pay the approved cost of building a community social and recreational facility in an unorganized area and recover an amount of not less than 10% of the cost pursuant to

section 67. . The Commissioner shall not approve a cost for a facility exceeding the following amounts: (

a) community hall, or $106,650 community hall withgymnasiumi 167,400 (

b) skiing cha1eti 30,000· (

c) enclosed swimming pool for summer use. 30,000

(2) A community hall with gymnasium shall not be approved. where a suitable gymnasium already exists in the area.

(3) The amounts to be approved by the Commissioner pursuant to subsection (1) shall be adjusted annually by regulation at the commencement of each financial year by a percentage in accordance with the changes in the input index for non­ residential construction for the previous year as described in the Statistics Canada publication "Prices and Price Indexes" catalogue number 62-002 using the prices fixed in subsection (1) as the base figures. - 10 -

64.(1) 65. (1) 66. (1 ) 67. (1) 68.(1) 69.(1) 70. (1) 71. (1) 72.(1) 73.

(1) Community Assistance Chp. 1 tlo payment shall be approved pursuant to subsection 63(1) unless an amount not less than 10 per centum of the cos t of the fac ili ty is provided by the residents of the area. The portion of the cost to be paid by the area pursuant to

section 64 may be contributed either by cash or by donations of labour or a combination of cash and labour. Donated labour shall be computed at the current hourly rate paid to members of the public service. Where labour is not donated pursuant to an agree­ ment or the labour does not equal the required amount, any balance shall be recovered by a special levy, not exceeding 3 mills per annum, applied on the assessment of every property in the area until the required amount has been recovered. The purchase of an existing building or facility may be approved'in lieu of the building of a new facility where \ (

a) the buil~ing meets the minimum requirements of the H.tional Building Code; (

b) the esti~ated life of the building and the building :site justify the investment of the funds; (

c) the current needs of the community can be met by the building or the building as modifieu; and (

d) the building and the site conform to the zoning regulations of the area. The amount of a payment to

section 68 shall not exceed the amount owing and unpaid by the community or community organization owning the building. Where an application is made for a payment pursuant to

section 68 and the amount unpaid and owing in respect of the building by the community or community organization is less than 70 per centum of the value of the building, the area shall not be required to pay' any portion of the 10 per centum required to be paid by the area. It shall be a condition of a payment that an organization representative of the area shall enter into an agreement with the Commissioner respecting the operation and maintenance and the establishment of user charges in respect of any facil i ty cons tructed, reconstructed or purchased pursuant to a payment under

section 62 or 68. It shall be a condition of payment by the Commissioner for the cost of a community facility that the project is approved by a majority of the persons resident in the area. Where ,the Commissioner becomes the owner of any building constructed, reconstructed or purchased pursuant to a p~yment pursuant to

section 62 or 68 and the user charges agreed on between an organization representative of the area and the Commissioner - 11 - ' .. Communi ty Pays 10% Contribution by Cash or Labour Calculation of Labour Balance Recovered by Special Levy Purchase of Old Buildings Limitation Amount of Payment Establishment of User Charges Majority of Residents to Approve Recovery of Loss by Special Levy

Nuisance Ground Septic Tanks Wells Application of Taxation Ordinance Recovery of Loss Non-taxable Property included for Special Levy Transitional 74. (1 ) 75.(1) 76.(1) 77.(1) (2) 78. (1) 79.

(1) Community Assistance Chp. 1 are insufficient in any year to meet the costs of heating, lighting and maintenance of the building. the Conmissioner shall pay the insufficiency and impose a levy not exceeding 2 mills on the assess­ ment of every property in the area in respect of each such building in the ensuing year. Waste Disposal The Cor.tfni ss i oner may pay the cost of deve 1 opi ng an approved solid waste disposal grouna in an unorganiied area including the cost of fencing and construction of an access road to gravelled road standards and provide for the restoration of any existing waste disposal ground.

The Commissioner may provide a community septic tank in an unorganized area for the disposal of trucked wastes and sewer eductor clean-out in any unorganized area in which then: is no piped sewer system. Community ~Je 11 s The Commissioner shall pay the cost of a community water well in any unorganized area where a water well 1s required. General Notwithstanding any provision of this Ordinance.

section 54 of the Taxation Ordinance shall apply in respect of a local improvement which is constructed pursuant to this Ordinance. ~Jhere pri or to the commencement of thi s Ordi nance the Commissioner has provided a water distribution mains or a sewer collector mains in any area. he may recover the operational and capital cost thereof in the same manner as in a local improve­ ment district.

Where a levy or special levy is applied on the assessment of lands ~nd improvements in a district or unorganized area for the purpose of raising money as a contribution towards the cost of a project pursuant to this Ordinance. the Commissioner shall include in the amount of such levy the total assessment including those lands and improvements normally exempt from taxation.

Where a district becomes a municipality pursuant to the MUnicipaZ Ordinance. the municipality may on application to the Commissioner continue for all the purposes of this Ordinance to be a local improvement district for a period of three years. - 12 -

80~(1 )

(2) Community Assistance OPeration and Maintenance Assistance Municipalities Water Delivery by Truck Chp. 1 The Commissioner may pay to a municipality an amount not exceeding 50 per centum of the deficit incurred each year in delivering water by truck in the municipality. It is a condition of a payment pursuant to this

section that the rate to be charged by the municipality shall be (

a) for three deliveries a week to a unit having a storage capacity not exceeding 500 gallons. , not less than $10.00 per month; (

b) for three deliveries a week to a unit having a storage capacity over 500 gallons. not less than $15.00 per monthi and (

c) for more than three deliveries a week. the actual cost of the delivery. Transit Operation Cost of Water Delivery Charges 81.

(1) The Commissioner may pay to a municipality a portion Bus System of· the annual cost of the operation of a transit system pursuant to this section.

(2) The portion of the cost to be provided by the Commissioner shall not exceed an amoont which could be raised by a levy of 1 1/2 mills on the taxable assessment of the municipality.

(3) A payment by the Commissioner shall hot exceed 60 per centum of the operational losses of the transit system including amortization of capital. 82.

(1) Cemetery ~la; ntenance The Commissioner may pay to a municipality a portion of the cost of the operation and mainten­ ance of each cemetery in the municipality.

(2) The amount to be paid each year by the Commissioner 83.(1) (2) 'pursuant to this

section shall not exceed the lesser of (a) 60 per centum of the cost of operation and maintenance of the cemeterYi or (b) $1.000.00. Loca1 Improvement Districts The Commissioner shall fix the annuai maximum rate that may.be charged by the Board to users of each water and sewer system. Where any loss in the operation of the system results after the application of the rate fixed by the Commissioner. the Commissioner sha11 pay the amount of such loss. - 13 - Operation of Cemetery Maximum Charges Fixed by Commissioner

Trucked Water Delivery Septic Tank Pump-out System User Charges Trucked Water Delivery User Charges Community Wells 84.

(1) Community Assistanae Chp. 2 Water Delivery by Truck the Commissioner may pay the deficit incurred each year in delivering water by truck in the district. (2) it is a condition of a payment pursuant to this

section that the rate to be charged by the district shall be 85.(1) (2) 86. (1) (2) 87. (1) (

a) for three deliveries a week to a unit having a storage capacity not exceeding 500 gallons. not less than $10.00 per month. (

b) for three deliveries a week to a unit having a storage capacity over 500 gallons. not less than $15.00 per month. and (

c) for more than three deiiveries a week. the actual cost of the delivery. Community Septic Tank ~ump-out System Where there is no piped sewer system in a district. the Commissioner may supply any equipment required and may pay to the district any deficit incurred by the district in the operation and maintenance of a septic tank pump-out system. it shall be a conditibn bf ahy paymerit pursuant to subsection (1) that the Board shall fix a system of charges for the service based on an annual residential minimum. rate of $60.00 per annum and. to other users. on the basis of volume.

Unorganized Areas Water Delivery by Truck The Commissioner may operate a program of water delivery by truck in an unorganized area. Where the Commissioner provides a program of water delivery by truck in an unorganized area. he may charge a rate for such delivery. (

a) for three deliveries a week to a unit having.a storage capacity hot exceeding 500 gallons. not less than $10.00 per month. (

b) for three deliveries a week to a unit (

c) having a storage capacity over 500 gallons. not less than $15.00 per month. and for more than three deiiveries a week, the actual cost of the delivery. Community Well The Commissioner may ~ay the cost.of the operation and maintenance of a community well in any area where no piped water system exists. Community Septic Tank ~ump-but System Septic Tank 88.

(1) The Commissioner may pay the cost of the operation and maintenance of a community septic tank pump­ out system where rio piped sewer system exists. Pump-out System

(2) The Commissioner may recove~ a portion of the cost mentioned in SUbsection (1) by means of a system of charges to users based on a residential minimum charge of $5.00 per month and. to other users. on the basis of volume. - 14 -

Community Assistance Chp. 1 General 89.

(1) The Commissioner shall provide two annual visits Sewer by a sewage eduction unit to every commuhity Eduction where such services are hot being provided under

section 05. or

section 88. or by a 10ca11y based private operator and make a charge for this service at a rate. uniform throughout the Territory. Procedure: . Muni c; Ea 11 ti es 90. (l) . Every application by a municipality for a.payment Form of pursuant to this Ordinance shall be made in the Application prescri bed form. 91.

(1) Where aby-iaw is ~equired for the expenditu~e Transmittal pursuant to the MUnicipaZ'Ordinance. a certified of Bylaw copy of the by-law shall be transmitted to the Commissioner after the second reading thereof. 92.

(1) Whe~e the approval of the taxpayers is required Money Bylaw pursuaht to the MUnicipaZ Ordinance. a certified copy of the by-law after second reading and after the approval of the taxpayers has been obtained. shall be transmitted to the Commissioner. 93.

(1) Where a by-law proposing an expenditure. is Rejection of submitted to the taxpayers pursuant to the Honey Bylaw MUnicipaZ Ordinance and is rejected by the tax- payers. the Commissioner shall pay.to the municipality one half of the cost incur~ed by the municipality in respect of the project planning or consultants' fees. 94.

(1) Every application for an approval of a project Transmittal pursuant to this Ordinance shall be accompanied of Balance by all necessary plans. diagrams. design details and such information as may be required by the Commissioner for evaluation of the project. 95.

(1) Any approval of a project to.be given by the Approval by Commissioner shall be given in writing and on Commissioner receipt of such approval. the municipality may (

a) give final passage to the by-law where a by-law is required; (

b) ca 11 tenders; (

c) acquire any land ~equ1red for the projects; and (

d) do any other things necessary to complete the project. 96.

(1) Where ahy portion of a project cost wiii b~ funded Form of by Canada. the Territory or any agent or corporation thereof. such portion shall be separately described Application in the application. - 15 -

Change in Application Payment by Commissioner Application for Payment 97. (l) 98.(1) 99.

(1) Trustees' 100.

(1) Resolution to be Forwarded Consent 101.

(1) Required Construction 102.(1) by Commissioner or Board Commissioner 103.(1) to consult with Board Form of 104.

(1) Application Construction 105.(1) by Commissioner or Community , Organization Community Assistanoe Chp. 1 Where after approval of a project has been given by the Commissioner the municipality proposes. before or during construction. any change which may result in an increase in the cost of the project by more than 5 per centum. such change shall not be made without the prior approval of the Commissioner.

Where a capital project has been ,approved by the Commissioner pursuant to, this Ordinance. the Commissioner shall pay the portion of the costs agreed upon to the municipality in instalments on evidence of the payment by the municipality in respect of tilE! work. ' Payments in respect of operation and maintenance projects pursuant to this Ordinance shall be made by the Commissioner on the application of the municipality.

Local Improvement Districts Procedure An ,application for a capital payment pursuant to this Ordinance in respect of a district shall be made in the prescribed form and accompanied by a resolution of the Board of Trustees supporting the appl icati on. Where a consent is required to a capital project. the Board shall for~lard to the Commissioner as required. evidence that such consent has been obtained. When a capital project has been approved (

a) the work may b~ carried out by the Commissioner and on completion shall be turned over to the Board for operatioh and maintenance; or (

b) where it is a project for the construction of a facility pursUant to

section 45. the Board may construct the:project in accordance with approved plans and specifications. The Commissioner will consult witH tHe Board from time to time during the designing and construction of the project and respecting any changes in the project during the construction thereof. Unorganized Areas Procedure AN application for a capital project in an unorgahized area may be commenced: by an application in a prescribed form signed by not less than 10 residents of the area. Where an application has beeh approved (

a) the Commissioner may plan and carry out the (b) 'project including its design. inspection and the acquisition of land for the project; or where it is a project for the construction of a facility pursuant to

section 61 er 62. a community organization may construct the project in accordance with approved plans and specifications. - 16 -

106.(1) 107.(1) 108.

(1) Community Assistance Chp. 1 The Commi~sioner will consult with the .~esidents of the area or a committee of the residents before and during construction as circumstances permit. The Commissioner may make such regulations as he deems necessary to carry out the purposes and provisions of this Ordinance. This Ordinance or any portion thereof shall come into force on such day or days as may be fixed by the Commissioner. - 17 - Continue­ ing Consultation Regulations Coming into Force

Short Title

Definitions "child" "crime" "dependent" "hearing" "injury" "injured" "occurrence"

CHAPTER 2 ORDINANCES OF THE yukON tERRiTb~y 1975 (First Session) COMPENSATION FOR THE VICTIMS OF CRIME ORbiNANCE (Assented to March 26. 1975) 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. (

l) This Ordinance may be cited as the Compensation fo1' the Victims of Cl'ime 01'dinance. In this Ordinance "child" includes an iliegit~mate child and a child to whom a victim stands in toco parentis; "crime" means an offence contrary to the provisions of the Criminal Code that is enumerated in the regulations.

"dependent" means any of the following persons .who. at the time of an occurrence. were wholly or partially dependent on the victim for support. namely: (1) the spouse or other relative of the victim. (ii) a child who is under the age of nineteen years at the time of the occurrence. (ii1) a child who is nineteen. years of age or over at the time of the occurrence and who is unable by reason of mental or physical disability to earn a livelihood, (iv) a person who cohabited wit~ the victim for one year or more immediately preceding the occurrence. (

v) a person who at the time of the occurrence was cohabiting with the victim and by whom the victim had one or more children. (vi) a person who at the time of the occurrence was acting as a foster parent.of the children of it victim in the victim's house­ hold for one year or more immediately preceding the occurrence. and (vii) it person formerly married to the victim. "hearing" means a hearing by a jUdge Under this Ordinance.

"injury" means actua1 bodily harm and includes pregnancy as a result of a crime and mental or nervous shock and "injured" has a corresponding meaning~ "occurrence" means ariact or omission of a person in the Territory in the circumstances set out in subsection 3(1) as a result of which a victim is injured or killed. - 18 -

3.(1) (2)

(3) Compensation fOF the Victims of Crime Chp. 2 "peace officer" means a peace officei' as defined fn the Criminal Code (Canada): and "vfctfm" means a person injured or. kined in any of the circumstances set out in subsection 3(1). Where a person is injured or ki1ied by any act or omission. in the Territory of another person occurring in or resulting from (

a) the commission of a crime~ (

b) lawfully arresting or attempting to arrest or assisting a peace officer in making er attempting to make an arrest of a person offending or suspected of offending against

an Act of Parliament or a regulation made thereunder; or (

c) lawfully preventing or attempting to prevent or assisting a peace officer in preventing or attempting to prevent ~he commission of an offence or suspected offence against

an Act of Parliament or regulation made there­ under. a judge, on the filing of a clai~ for compensatfon therefor. by or on behalf of a person having an interest in the claim, may.make any order that he, in his discretion exercised in accordance wfth this Ordinance, considers proper for the payment of compensatfon to or for the benefit of (

d) the victim~ (

e) a person who fs responsible for the maintenance of the victfm, or where the death of the victim has resuited (

f) the victim's dependents or any of them; (

g) the person who was responsible for the maintenance of the victim immediately before his death. or (

h) who has on behalf of the victim or.his estate, incurred an expense for which compensation may be awarded pursuant to paragraph 4(1)(

a) arising from the occurrence. Subsection (1) does not apply in respect of the injury or death of a peace officer occurring under circumstances entitling him or his dependents to compensation payable out of public monies under any other ordinance of the Terrftory, or

an Act of the Parliament of Canada or payable by an organization that is supported in whole or in part by public funds. Where a claim for compensation is for 1ess than one hundred dollars. no claim for compensation shall be entertained by a judge and where an award determined is less than one hundred dollars, no award shall be made. - 19 - "peace officer" "victim" Person injured or killed by another person Injury or death of peace officer Claim for compensation

Non-payment of losses Filing a Claim Time of Claim Judge to deal with claim (4) (5) (6)

(7) Compensation for the Victims of ~me The judge shall not make an order for the payment of compensation for loss or damage Chp. 2 to property. except clothing. eyeglasses or other like property on the person of the victim. A claim for compensation under this Ordinance may be made by filing a claim in the prescribed form with the Clerk of the Supreme Court. A claim for compensation shall be made within one year after the occurrence. but the judge. before or after the exp1ry of the one-year period. may extend the time for such further period as he considers warranted.

Upon the filing of the claim for compensation referred to in subsection (5). the Clerk shall bring it before the judge for his attention and the judge shall deal with the claim in accordance with this Ordinance.

(8) Except as otherwise provided in this Ordinance. the judge may fix his own procedure. Compensation awarded Expenses incurred 4. (1 ) Pecuniary loss or damages affecting work Pecuniary loss or damages resulting in death Child as result of rape Other pecuniary losses Common law Considerations 5.(1) for compensation Recoverable amount Benefits Compensation may be awarded for (a) (b) (c) (d) (e) (

f) expenses reasonably incurred or to be incurred as a result of a victim's injury or death; pecuniary loss or damages incurred by the victim as a result of total or partial disability affecting the victim's capacity for work; pecuniary loss or damages 1ncurred by dependents as a result of the v1ctim's death; maintenance of a child conceived and born as a result of rape; other pecuniary loss or damages including pain and suffering resulting from the victim's injury and any expense that. in the opinion of the judge. it is reasonable to incur; and in claims arising under the circumstances mentioned in paragraphs 3(1)(

b) or (c). such other damage to the 1njured person resulting from the injury for which compensation may be recovered at common law other than punitive or exemplary damages. The judge shall take into consideration in determining any amount of compensation to be awarded to an applicant (a) (

b) any amount recovered from the person whose act or omission resulted in the injury or death whether it is damages or compensation pursuant to an act10n at law or otherwise; any benefits received or to be received (

i) by the victim in respect of his injury; - 20 -

(2) 6. (1)

(2) Compensation for the Victims of Crime Chp. 2 (ii) by the person who is responstble for the maintenance of a victimi or (i if ) by the app 1 i cant in respect of the death of the victim. under any Act of the Parliament of Canada or the legislature ·of a province or any ordinance other than benefits under a pension plan or program under such act or ordinancei (

c) such other benefits received or to be received by an applicant as the judge considers reasonable. In determining whether to make an order for the payment of compensation, a judge shall have regard to all relevant circumstances, including any behaviour of the victim that may have directly· or indirectly contributed to his injury or death.

The judge. in making an order for the payment of compensation, shall consider and take into account all such circumstances as he considers relevant to the making of the order and, without limiting the generality of the foregoing, the judge shall consider and take into account any behaviour that directly or indirectly contributed to the injury or death of the victim. The judge may decline to make an order for compensation if the injured person does not co-operate fully during the hearing and. in particular, if he (

a) refuses to submit to a medical examination as required by the judge, or (

b) refuses to testify at the hearing.

(3) The judge shall decline to make an order for compensation where the victim is himself culpable in relation to the crime or where, at the time 7. (1 ) of the commission of the crime resulting in his injury. the victim was himself engaged in unlawful activity unless the judge considers that, having regard to exceptional circumstances, compensation should be awarded.

Where a claim for compensation under this Ordinance is made, the judge shall fix a time and place for the hearing of the claim and shall. at least ten days before the date fixed, cause notice thereof to be given to the applicant and to any other person appearing to the judge to have an interest in the matter including the person whose act or omission was 9r is alleged to be responsible for the occurrence, and the Public Administrator for the Yukon Territory. - 21 - Other benefits Determining compensation Considerations for order of payment Decline of payment time and place for hearing of claim

Entitlement 8.

(1) Infant Mentally disordered person Parties to 9. (1 ) proceedings Non-attendance 10.(1) at hearing Hearing 11.

(1) False Statement Misleads judge Oral or written 12.(1) material Conviction of 13.(1) criminal offence Rights of Witnesses

(2) Hearing "in camera" (3) 14. (1 ) Compensation for the Victims of Crime Chp. 2 Where a person entitled to apply for the payment of compensation (

a) is an infant. the application may be made on his behalf by his parent or guardian or by such person as the judge may direct, or (

b) is a mentally disordered person, the application shall be made on his behalf by his committee or. if the person has no committee. by the Public Administrator or such person as the judge may direct. Every person upon whom notice of a hearing referred to in

section 7 is served and any other person specified by the judge is a party to the proceedings. If any party to the proceedings referred to in

section 7 does not attend the hearing. the judge may proceed in his absence. A person who, in any hearing. inquiry or other proceeding under this Ordinance. knowingly (

a) makes a false statement to the judge, or (

b) misleads or attempts or mislead the judge, commits an offence. A judge may receive in evidence at a hearing under this Ordinance any oral or written statement. document. information or matter that. in his opinion, may assist him to deal with the matter before him. whether or not such statement. document. information or matter is given or produced under oath or would be admissible as . evidence in a court.

If a person is convicted of a criminal offence in respect of an occurrence on which a claim under this Ordinance is based, proof of the conviction shall. after the time for an appeal has expired., or if an appeal was taken. after it was dismissed and no further appeal is avail­ able. be taken as conclusive evidence that the offence has been committed. The judge shall advise every person at a hearing as a witness of his right to object to answer any question under

Section 8 of the Evidence Ordinance and

Section 5 of the Canada Evidence Act. Where a hearing is held in camera. counsel for a witness is not entitled to be present 'except when the witness is giving evidence. A judge shall hold a hearing in camera where he is of the opinion that a public hearing (

a) would be prejudicial to the trial of the person whose act or omission caused injury or death; (

b) would not be in the interest of a victim of an alleged sexual offence or his dependents. or - 22 -

15. (1) (2) (3) 16. (1) (2) (3) 17.(1) (2) 18.(1 ) Compensation fop the Victims of Crime Chp. 2 (

c) would not be in the interest of public moral ity. A judge may make an order prohibiting the publication of any report or account of the whole or any part of the evidence at a hearing where the judge considers it necessary for one of the reasons mentioned in

section 14. but in making an order under this subsection, the judge shall have regard to the desirability of pennitting the public to be informed of the principles. nature and result of each case. Any person who publishes a report or account of any evidence at a hearing contrary to an order of a judge under subsection (1). commits an offence and is liable on

summary conviction to a fine not exceeding $1.000 or to imprisonment for a term not exceeding six months or to both fine and imprisonment. Where a corporation is convicted of an offence under subsection (2). the maximum penalty that may be imposed is $10.000. The final decision'of a judge. including reasons therefor, shall be in writing. The reasons for the final decision of a judge shall include (

a) any findings of fact; (

b) the findings of fact on the evidence; and (

c) the conclusions of law based on the findings mentioned in paragraphs (

a) and (b). Evidence Publication of evidence Corporation conviction Final decision of judge Reasons The Clerk shall cause a copy of the decision Copy of including the reasons to be served on the decision Commissioner and the parties to proceedings under this Ordinance. An order for compensation may be made whether or Order for not any person is prosecuted for or convicted of compensation an offence as a result of an occurrence, but a judge may. on his own initiative or upon the application of the Commissioner. adjourn proceedings pending the final detenninat10n of a prosecution or intended prosecution.

Notwithstanding that a person for any reason is Intended act legally incapable of forming criminal intent. or omission the judge may, for the purposes of this Ordinance. deem him to have intended

an act or omission that caused injury or death for which compensation is payable under this Ordinance. A judge shall. upon request, release anything put in evidence at a hearing under this Ordinance to the lawful owner or the person entitled to possession thereof within a reasonable time after the matter in issue has been finally determined. - 23 - Release' of evidence

Variation of pa)'lllent Proceedings of variation of payment Exception Fees Appeal Payment of compensation Award Exceeds maxlumum More than one act Compensation for the Viotims of crime Chp. 2 19.(1) (2) (3) 20. (1) 21.(1) 22.(1) 23. (1 ) (2)

(3) A judge may on his own init1ative or on the application of a victim. a dependent. the Commissioner. a person who committed or is alleged to have comm1tted an offence. or other inter.ested party. vary an order for payment of compensation in such manner as the judge thinks fit. whether as to the terms of . the order or by increasing or decreasing the compensation. or otherwise. In proceedings under subsect10n (1). the judge sha 11 cons i der (

a) any new evidence that has become availablei (

b) any change of circumsta~ces that. since the making of the order or-any variation of the order. has occurred or is likely to occur. and (

c) any other matter the judge considers relevant. This Ordinance. except

section 8. applies to a variation of an order under subsection Cl) in the same manner as to an application for compensation. A judge may. with respect to any hearing or other proceeding under this Ordinance. make such order as to costs as he thinks fit. but the fees to be allowed to counsel shall not exceed seventy-five percent of the fees that wo~ld be taxed or that are taxed by the court on a solicitor­ client basis. An appeal lies to the Court of Appeal from any· order or decision made under this Ordinance. The judge may order compensation to be paid in a lump sum or in per10dic payments or both. An award of compensation made by a judge shall not exceed (

a) in the case of one v1ctim. a lump sum payment of $15.000 or a periodic payment of $500 per month. and (

b) in the case of more than one victim ar1sing out of a single occurrence. a total of lump sum payments of $75.000 or a total of periodic payments for all v1ct1ms of $125.000. Where the total compensation that would have been awarded in respect of any single occurrence exceeds the maximum in paragraph (l)(b). the maximum award shall be distributed in proportion to the total compensat10n that would have been made. For the purposes of this section. a judge may deem more than one act to be one occurrence where the acts have a common relationship 1n time and place. - 24 -

24. (1) 25.(1) (2) 26. (1) (2) (3) (4) 27.

(1) Compensation for the Victims of Crime Chp. 2 Any compensation or amount awarded as costs paid or payable under this Ordinance is not subject to garnishment. attachment. seizure or any other legal process and the right thereto is not assignable. The judge may. in his discretion. order that the payment of compensation be made subject to any terms and conditions (

a) with respect to the payment. disposition. allotment or apportionment of the compensation. or (

b) as to the holding of the compensation or any part thereof in trust for the victim or the dependents. or any of them. whether as a fund for a class or otherwise. The judge may. in: his discretion. order that any compensation payable for expenses under

section 4 shall be paid directly to the person entitled thereto. Subject to subsections (2). (3) and (4). nothing in this Ordinance affects the right of any person to recover from any other person by civil proceedings damages as a result of an occurrence. The Commissioner is subrogated to all the rights of the person to whom compensation is paid under this Ordinance to recover damages by civil proceedings in respect of an occurrence and may maintain an action in the name of such person against any person against whom such action lies. and any amount recovered by the Commissioner shall be applied (

a) first. to payment of the costs actually incurred in the action and in levying execution. and (

b) secondly. to reimburse to the Commissioner the value of the compensation that has been paid. and the balance shall be paid to the person whose rights were subrogated. I\ny settlement or release does not bar the rights of the Commissioner under subsection (2) unless the Commissioner consents thereto but any such consent does not prejudice the further rights of the victim. A claimant for or a person awarded compensation shall forthwith notify the Commissioner of any action he has brought against the offender who. caused the injury or death of the victim. The Commissioner may make regulations (

a) prescribing forms for the purposes of this Ordinance and providing for their use; (

b) prescribing the description of the criminal offences to which this Ordinance pertains. and - 25 - Compensation. not assignable Terms and conditions Direct payment Civil proceedings Commissioner's rights Payment of costs Reimbursement Rights Notification Regulations

Claims after this ordinance comes into force Agreements Power to implement agreement Coming into force 28.(1) 29. (1) (2) 30.

(1) Compensation for the Victims of Crime (

c) respecting any matter that he deems necessary to carry out the intent and purpose of this Ordinance. Chp. 2 This Ordinance applies in respect of claims for compensation arising from an occurrence that happens after this Ordinance comes .nto force. The Commissioner may. on behalf of the Government of the Territory. enter into agreements with the Government of Canada respecting the payment by Canada to the Territory of sucn part of the expenditures required for the purposes of this Ordinance as is agreed upon.

The Commissioner is empowered to do every act and exercise every power for the purpose of implement­ ing every obligation assumed by the Government of the Territory under- such agreement. This Ordinance comes into force on a day to be fixed by the Commissioner. - 26 -

CHAPTER 3 'ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) COURT WORKER AGREEMENT ORDINANCE (Assented to March 26. 1975) 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 Court Worker Agreement Ordinance. The Commissioner is authorized to enter into and execute on behalf of the Government of the Territory an agreement with Canada providing for (

a) the establishment of a Court Worker Program to provide advice and counselling services. other than legal advice and counselling services. to persons charged with an offence under any federal or territorial statute or municipal by-law in order that such persons may receive information about court procedures. be told of their rights and be referred to legal aid or other resources; (

b) the compensation to be paid by Canada to the Territory in respect of such program; and (

c) such other terms and conditions as may be agreed upon by the Commissioner. The Commissioner is empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Territory under any agreement entered into pursuant to

section 2. - 27 -

Short Title Agreement with Canada Power to implement agreement

Short Title Agreement with Canada Power to implement agreement

CHAPTER 4 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) CUSTODY OF FEDERAL PAROLE VIOLATORS AGREEMENT ORDINANCE (Assented to March 26, 1975) 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 CUstodY of Federal Parole Violators Agreement ordinance. The Commissioner is authorized to enter into and execute on behalf of the Government of the Territory, an agreement with Canada providing for (

a) the custody and confinement of persons in respect of whom an order for remand, custody or confinement has been issued under the Parole Act of Canada and for the compensation to be paid by Canada to the Territory in respect of such persons; and (

b) such other terms and conditions as may be agreed upon by the Commissioner. The Commissioner is empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Territory under any agreement entered into pursuant to

section 2. - 28 -

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) GOVERNMENT EMPLOYEE HOUSING PLAN ORDINANCE (Assented to March 26. 1975) 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) This Ordinance may be cited as the Government Employee Housing p~ Ordinance. In this Ordinance "employee" means a person employed in the Public Service of the Territory appointed pursuant to the PUblic Service Ordinance or School Ordinance. but does not include: (

i) a casual employee. (ii) a seasonal employee. fiii) a temporary employee. (iv) a person seconded to the Government of the Yukon Territory. (

v) a person employed under contract. or (vi) a person appointed for a term of less than two years. "Corporation" means the Yukon Housing Corporation; and "Plan" means the Government Employee Housing Plan established by this Ordinance. 3.(1). Subject to this Ordinance. every employee is eligible for the benefits of the plan who: (

a) has not less than two years continuous service from his initial date of appointment. and (

b) owns a housing unit which qualifies pursuant to

section 7. and (

c) resigns from the Public Service. (

d) proceeds to pension. (

e) is laid off by the employer. (

f) retired for ill-health by the employer. or (

g) is transferred from one community to another community.

(2) Where an employee dies. his widow or widower or such other person as may be entitled to the housing unit. on the death of the employee is eligible for the benefits of the Plan. - 29 -

Short Title

Definitions "employee" "Corporation" "Plan" Eligibility

Eligibility 4.

(1) Purchase 5.

(1) Price 6.

(1) Qualification 7.(1) of housing unit Inspection 8.

(1) Notification of (2) qualification Further (3) inspection Fees 9.

(1) Transfer of 10.(1) title Disposal of 11.(1) housing units GOvernment EmpLoyee Housing PLan Chp. 5 No eligible employee is entitled to the benefit of the plan unless: (

a) he makes application to the Corporation within 60 days of becoming elig1ble for the benefit of the Plan. and (

b) he satisfies the Corporation that the housing unit has been on offer for sale to the public for not less than 60 days during the period commencing 60 days prior to the day on which he becomes eligible for the benefit of the Plan and ending 60 days after he makes application. The Corporation may purchase. pursuant to the Plan. a qualified housing unit from any employee who is entitled under the Plan.

The price to be paid by the Corporation to an employee for a housing unit shall be ninety-five per centum of the mean of two appraisals. one of which shall be made by an appraiser appointed by the Government and the other by an appraiser apPointed by the employee. A housing unit will qualify under the Plan if: (

a) it is the principal residence of the employee. (

b) the unit qualifies for a mortgage loan pursuant to the NationaL Housing Act. (

c) the appraised value of the unit does not exceed $60.000. and (

d) the unit has been registered with the Corporation by the employee within 60 days of his acquisition of the unit. The Corporation shall inspect every housing unit within 60 days of the registration of the unit with the Corporation. The Corporation shall advise the employee whether or not the housing unit qualifies pursuant to the Plan. An employee may apply for a further inspection after remedying any deficiencies found on inspection by the Corporation. It shall be a condition of a purchase pursuant to this Ordinance. that the employee pay all costs and fees incurred in the transaction.

The employee shall transfer the title to .the property to the Corporation at the time of purchase. The Corporation shall dispose of or utilize housing units acquired pursuant to this Ordinance: (

a) by resale to employees at the market price. (

b) by renting the housing units to employees at an economic rent. - 30 -

12.(1) 13.(1) 14. (1) (2) 15. (1 ) (2) 16.

(1) Government Employee Housing PLan Chp. 6 (

c) by resale to the publfc at the market price. or (

d) by renting the unfts to the public at an economic rent. A revolving fund of Five Hundred Thousand Dollars ($500.000.00) is hereby established for the purpose of acquiring. in accordance with this Ordinance. housing units owned by employees. The Corporation may undertake and administer the Plan pursuant to this Ordinance and the Housing Corporation Ordinance. The Corporation shall annually after the end of the fiscal year prepare and submit a report to the Conunissioner respecting the administration of this Ordinance not later than June 1 in each year. The annual report made by the Corporation under this

section shall be laid before the Council by the Commissioner within fifteen days after the opening of the next regular session thereof or within five days if the Council is in session. The Conunissioner may make such regulations as may be necessary for the carrying out of this Ordfnance. Notwithstanding the generality of subsectfon (1). the Conunissioner may. be regulation: (

a) define the expression "Community". and (

b) decide who shall be entitled to the benefits of the plan on the death of an employee. Notwithstanding paragraph led). a housing uni~will qualify under the Plan if the unit 1s registered . with the Corporation by the employee within 90 days of the coming into force of this Ordinance. - 31 - Revolving Fund Administer Plan Report to Commissioner Annual Report Regulations Powers of Commissioner Registration of unit

CHAPTER 6 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) OCCUPATIONAL TRAINING ORDINANCE (Assented to March 26. 1975) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows:

Short Title 1.

(1) Program 2. (1) established Agreements 3. (1)

(2) Power to establish4.(1) advisory and appelate committees Duties of committees

(2) This Ordinance may be cited as the OccupationaZ, Training Ordinance •. The Commissioner may establish. organize and promote programs to develop and improve the occupational and other skills of persons. The Commissioner may. on behalf of the Territory. enter into agreements on behalf of the Territory with (

a) the Government of Canada; (

b) the Government of a,province; or (

c) any municipality. agency, organization. corporation or person. for the purpose of arranging for or providing for programs. research or services relating to (

d) occupational or other skills; or (

e) the improvement of the labour force. The Commissioner is empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Territory pursuant to any agreement entered into pursuant to this section. The Commissioner may establish such boards or committees as he considers necessary to act in an advisory, administrative or appellate capacity in connection with any policy. program. service or other matter provided pursuant to

section 2 or 3. The Commissioner may, with respect to any board or committee established under this

section (

a) appoint or provide for the manner of appointment of its members; (

b) prescribe the term of office of any member; (

c) designate a chairman. vice-chairman and secretary; and (

d) authorize. fix and provide for the payment of remuneration and expenses to its members. - 32 -

occupational. Training Chp. 6

(3) A board or committee established pursuant to Procedure this

section may make rules of procedure. subject to the approval thereof by the Commissioner. governing the calling of··mee~ings. the procedure to be used at and conduct of the meetings. reporting and such other matters as required;.

(4) A board or committee established pursuant to Powers this

section may exercise such powers and shall perform such duties and functions as the Commissioner may approve. confer or impose upon it. 5.

(1) The Commissioner may make any regulations necessary to carry out the provisions of this Ordinance.

(2) Notwithstanding the generality of subsection (1). the Commissioner may make regulations (

a) for the establishment. operation. administrat~on and management of vocational or technical schools; (

b) for the registration of students in programs offered pursuant to this Ordinance; (

c) prescribing fees to be charged for any matter or service provid~d pursuant to this Ordinance; (

d) providing for correspondence courses and the fees to be charged in connection there­ with; (

e) concerning programs offered pursuant to this Ordinance; (

f) providing for the payment by the Territory of expenses or subsistence allowances to students pursuing courses offered pursuant to this Ordinancei (

g) establishing eligibility factors or conditions for persons undertaking courses or receiving allowances pursuant to this Ordinance; and (

h) respecting the provision of accommodation for students undertaking courses or allowances in lieu thereof. - 33 - Regulations

Shori: Title Agreement with Canada Power to implement agreement

CHAPTER 7 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) SUPERVISION OF FEDERAL PAROLEES AGREEMENT ORDINANCE (Assented to March 26. 1975) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: 1. (l) 2.(l} 3. (

l) This Ordinance may be cited as the Supervision of Federal ParoZeeq Agreement Ordinance. The Commissioner is authorized to enter into and execute on behalf of the Government of the Territory. an agreement with Canada providing for (

a) the supervision of persons who are admitted to parole pursuant to the ParoZe Act of Canada and for th~.compensation to be paid by Canada to the Territory in respect of such persons; and (

b) such other terms and conditions as may be agreed upon by the Commissioner. .The Commissioner is empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Territory under any agreement entered into pursuant to

section 2. - 34 -

CHAPTER 8 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) TRANSFER OF PRISONERS AGREEMENT ORDINANCE (Assented to March 26. 1975) 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 Transfer of Prisoners Agreement Ordinance. The Commissioner is authorized to enter into and execute on behalf of the Government of the Territory. an agreement with Canada providing for (

a) the confinement in a-Territorial institution of persons who. upon conviction. have been sentenced to a term of imprisonment and would. in the absence of such an agreement. be required to serve their sentences in a penitentiary and for the compensation to be paid by Canada to the Territory in respect of persons so confined. (

b) the confinement in a penitentiary or other institution of Canada of persons who. upon conviction. have been sentenced to a term of imprisonment and would. in the absence of such an agreement. be required to serve their sentences in a Territorial institution and for the compensation to be paid by the Territory to Canada in respect of persons so confinedi and (

c) such other terms and conditions as may be agreed upon by the Commissioner. The Commissioner 1s empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Territory under any agreement entered into pursuant to

section 2. - 35 -

Short Title Agreement with Canada Power to implement agreement

CHAPTER 9 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) YOUNG VOYAGEUR AGREEMENT ORDINANCE (Assented to March 26, 1975) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Short Title 1.

(1) Agreement with 2.

(1) Canada Power to implement agreement 3.

(1) This Ordinance may be cited as the Young Voyageur Agreement Ordinance. The Commissioner may. on behalf of the Government of the Territory, enter into and execute on behalf of the Territory, agreements with Canada providing for (

a) the establishment of a Federal/Provincial/ Territorial travel and exchange program to provide young Canadians with the opportunity to meet. know and develop a closer under­ standing of other Canadians who live and work in regions of Canada other than their own and to introduce them to the geography of their country and to the political. cultural and artistic achievements of the people in other parts of Canada, and (

b) such other tenms and conditions as may be' agreed upon by the Commissioner. The Commissioner is empowered to do every act and exercise every power for the purpose of implement­ ing every obligation assumed by the Territory under this agreement.

CHAPTER 10 ORDINANCES OF THE YUKON TERRITORY 1975 (F1rst Sess1on) AN ORDINANCE TO REPEAL THE ADULT OCCUPATIONAL TRAINING AGREEMENTS ORDINANCE (Assented to March 26, 1975) The Comm1ss1oner of the Yukon Territory, by and w1th the adv1ce and consent of the Council of the sa1d Territory, enacts as follows: 1. The Adult Occupational- Training Agreements Ordinance. being

Chapter 1 1967 Second Session 1s repealed. - 37 - Repeal

R.O.Y.T.

Chapter D-5 Repeal

CHAPTER 11 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) AN ORDINANCE TO REPEAL THE DISABLED PERSONS' ALLOWANCE ORDINANCE (Assented to March 26. 1975) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: 1 •. The Disab Zed Persons' A Z Zo7Jance Ordinance is repealed. - 38-

CHAPTER 12 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) AN ORDINANCE TO REPEAL THE OLD AGE ASSISTANCE AND BLIND PERSONS' ALLOWANCE ORDINANCE (Assented to March· 26. 1975) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: 1. The OZd Age Assistance and BZind PeFsons' AZ~wance OFdinance is repealed. - 39- R.O.Y.T.

Chapter 0-1 Repeal

Repeal

CHAPTER 13 ORDINANCES OF THE YUKON. TERRITORY 1975 (First Session) AN ORDINANCE TO REPEAL THE UNEMPLOYMENT ASSISTANCE AGREEMENT ORDINANCE (Assented to March 26, 1975) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. The Unemployment Assistance Agreement Ordinance, being

Chapter 2 1959, First Session, is repealed. - 40 -

CHAPTER 14 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) AN ORDINANCE TO AMEND THE LABOUR STANDARDS ORDINANCE (Assented to March 26. 1975) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows:

Section 49 of the Labouro Standazods Orodinance is amended by adding thereto the following new paragraph: "(

j) to exempt any individual or group of individuals employed. as part of their. rehabilitation process. in any sheltered employment facility sponsored or approved by him from any of the provisions of this ordinance." _ 41 _ R.O.Y.T.

Chapter L-1 ExemptioD

R.O.Y.T.

Chapter M-9 Repeal

CHAPTER 15 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) AN ORDWANCE TO AMEND THE MINING SAFETY ORDINANCE (Assented to March 26. 1975) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: 1. Subsections 10(2) and (3) of the ~ning Safety Ordinance are repealed • • 42 •

CHAPTER 16 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) AN ORDINANCE TO AMEND THE MUNICIPAL ORDINANCE (Assented to March 10. 1975) The Commissioner of the Yukon Territory. by and with the advfce and consent of the Council of the said Territory. enacts as follows: 1 • The MUnicipal Ordinance is amended by adding thereto the following new section: "115.1

(1) The council may, with the approval of the Commissioner. pass bylaws for the purpose of (

a) acquiring. constructing. operating and maintaining any service mentioned in subsection 118(1); (

b) establishing a tariff of charges to be assessed against users thereof; (

c) providing for the collection of charges and fixing the time or times when and places where such charges shall be payable,' providing for the allowance of a discount for prompt payment thereof and for the imposition of penalties for late payment; and . (

d) providing. in case of default of payment of charges, for the enforcement thereof by disconnecting the service.

(2) No bylaw passed pursuant to paragraph (l)(

a) shall be valid unless, prior to the third reading thereof. it has been submitted to and approved by the Commissioner and, when so required, has received the assent of the majority of the taxpayers in the municipality voting thereon.

(3) A copy or synopsis of any bylaw to be voted on pursuant to subsection (2) shall be posted in at least four public places in the municipality for at least two weeks immediately preceding the date fixed for voting on the bylaw. (4) \~here the municipality operates an electrical power distribution system pursuant to a bylaw passed under this scheme, the council shall be deemed to be a public utility within the meaning of

section 2 of the Electrical Public Utilities Ordinance.· _ 43 _ R.O.Y.T.

Chapter M-12 Pass bylaws Validity Posting of bylaw Electrical power distrib­ ution system

Municipa 7, Ordinance Chp. 26

(5) Where a municipality operates a . serv1ce pursuant to paragraph (l)(a). the council may by bylaw prohibit any person from operating the same service 1n all or any part of the munic1pality."

CHAPTER 17 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) AN ORDINANCE TO AMEND THE REHABILITATION SERVICES ORDINANCE (Assented to March 26. 1975) The Commissioner of the Yukon Territory. by and with ·the advice and consent of the Council of the said Territory. enacts as follows: 1. 2. 3. The definition of "disabled person" in

section 2 of the RehabiZitation Services Ordinance is repealed and the following sUbstituted therefor: ""disabled person" means a person who, because of a physical or mental impairment, learning difficulty, a lack of preparation or as a result of technological change is incapable of pursuing regularly any substantially gainful occupation;"

Section 3 of the said ordinance is repealed and the following substituted therefor: "

(1) The Commissioner may enter into agreements with the Government of Canada for the purpose of providing for payment by Canada to the Commissioner of contributions in respect of the costs incurred by the Territory in undertaking in the Territory a comprehensive program for the rehabilitation of disabled persons or undertaking projects, the purpose of which is to prepare disabled persons for entry or return to employment." Paragraph 5(1)(

b) of the said ordinance is repealed and the following substituted therefor: R.O.Y.T.

Chapter R-5, DefinitioD "disabled person" Agreement with Canada "(

b) The Commissioner may establish a Yukon Board 4. Rehabilitation Services Board consisting of a Chairman and not less than 4 members."

Section 6 of the said ordinance is repealed and the following substituted therefor: "(

l) The Board sha 11 (

a) establish appropriate means of seek­ ing disabled persons in need of rehabilitation services; (

b) coordinate the services being provided to disabled persons; (

c) hear appeals pursuant to

section 8; and (

d) make recommendations to the Commissioner respecting the provision of rehabilitation services." _ 45 .. _

5. Training and 8election committee Appeal Meeting re appeal Hearing re appeal Decision re appeal Decision final Jurisdiction of Magistrate 6. RehabiZitation Service8 Chp. 1'1

Section 7 of the said ordinance is repealed and the following substituted therefor: "

(1) The Conmissioner may establish a training and selection committee consisting of the Coordinator as Chairman and not less than two members who shall have the jurisdiction of approving in respect of applicants the provision of rehabilitation services."

Section 8 of the said ordinance is repealed and the following substituted therefor: "( 1) Any person di rectly affected by a deci si on of the Committee may, by notice in writing, appeal the decision to the Board within two weeks of the notification to him of the decision.

(2) On receipt of a notice of appeal pursuant to subsection (1), the Board shall meet and consider the matter and shall give the applicant and the Committee an opportunity to be heard respecting the decision.

(3) At the hearing of the appeal, the parties may appear in person or may be represented by counsel or agent.

(4) After considering the matter and hearing the parties or their representatives. the Board shall decide the appeal and shall deliver a copy of their decision together with the reasons for the decision to the parties.

(5) A decision of the Board shall be final' and no appeal shall lie therefrom except as provided by subsection (6).

(6) The Magistrate has jurisdiction to hear and determine an application to review and set aside a decision or order, other than a decision or order of an administrative nature not required by law to be made on a judicial or quasi judicial basis, made by or in the course of proceedings before the Board upon the ground that the Board (

a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction; (

b) erred in law in making its decision or order, whether or not the error appears on the face of the record; or (

c) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it. - 46-

RehabiLitation SePVioes Chp. 1'1 6.

(7) Any application pursuant to subsection (6) Notice of may be made by the Coordinator or any party application directly affected by the decision or order by filing a notice of the application with- in ten days of the time the decision or order was f1rst communicated to the Coordinator or to that party by the Board or within such further time as the Magistrate may allow either before or after the expiry of those ten days. . -

(8) The Board may at any stage of the proceedings Referral to before it. refer any question or issue of Magistrate law. or jurisdiction to the Magistrate for hearing and d~termination.

(9) An application or reference to the Magistrate Hearing by made under this

section shall be heard Magistrate and determined without delay and in a

summary way." 7. Paragraph 9(1)(

f) of the said ordinance is Delete word amended by deleting the word "disabled" in that "disabled" paragraph. -47 -

R.O.Y.T.

Chapter T-Ol Levy or Special Levy of Taxes

CHAPTER 18 ORDINANCES OF THE YUKON TERRITORY 1975 (Ffrst Sessfon) AN ORDINANCE TO AMEND THE TAXATION ORDINANCE (Assented to March 26. 1975) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the safd Territory. enacts as follows:

Section 50 of the Taxation Ordinance is amended by adding thereto the following new subsection: "

(5) Notwithstanding subsections (2) and (3). the Commissioner may increase the rate of tax to be levied on the assessed value of real property liable to taxation by imposing a levy or special levy in accordance with the provisions of the Community Assistance Ordinance. " - 48 -

CHAPTER 19 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) SIXTH APPROPRIATION ORDINANCE, 1974-75 (Assented to March 10, 1975)

Whereas it appears by message from James Smith, Esq., Commissioner of the Yukon Territory, and in the estimates accompanying the same that the sums hereinafter mentioned in

Schedule "A" of this Ordinance are required to defray certain expenses of the Public Service of the Yukon Territory and for the purpose relating thereto, for the twelve months ending the thirty-first day of March. 1975. Therefore~ the Co~issioner of the Yukon Territory. by and with the advice and c~nsent of the Council of the said Territory. enacts as follows: 1 • (1 ) 2. (1) 3.

(1) This Ordinance may be cited as the Sizth Apppopriation Opdinance~ 19?4-?~. From. and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole Three Million. Eight Hundred and Fifty-Six Thousand. One Hundred and Fifty-Five Dollars for defraying the several charges and expenses of the public service of the Territory for the twelve months ending the thirty-first day of March. 1975. as set forth in

Schedule "A" of this Ordinance and such sum shall be applied only in accordance with the Schedule. The due application of all monies expended pursuant to

section 2 shall be accounted for. - 49. -

Short Title Amount Granted Monies to be accounted for

Sizth Appropriation OFdinance~ Z9?4-?S Apprppriation or Item Administrative Services Department of Treasury Department of Education

SCHEDULE "A" Department of Secretary and Registrar General Department of Health. Welfare and Rehabilitation Department of Tourism. Conservation & Information Department of Legal Affairs Department of Highways and Public Works Project Capital . - 50 - $ 195.230 50.001 741.129 8.000 138.000 121.300 38.650 355.345 2.208.500 $3.856.155 Chp. 19

CHAPTER 20 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) FIRST APPROPRIATION ORDINANCE, 1975-76 (Assented to March 26, 1975)

Whereas it appears by message from Ja~s Smith, Esq., Commissioner of the Yukon Territory, and in the estimates accompanying the same that the sums hereinafter mentioned in

Schedule "A" of this Ordinance are required to defray certain expenses of the Public Service of the Yukon Territory and for the purpose relating thereto, for the twelve months ending the thirty-first day of March, 1976. Therefore, the Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. (1) 2. (1) 3.

(1) This Ordinance may be cited as the Pipst Apppopriation Opdinanae~ 1975-76. From and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole Sixty-Nine Million, Four Hundred and Sixty-Four Thousand, One Hundred and Ten Dollars for defraying the several charges and expenses of the public service of the Territory for the twelve months ending the thirty-first day of March 1976. as set forth in

Schedule "A" of this Ordinance and such sum shall be applied in accordance with the Schedule. The due application of all monies expended pursuant to

section 2 shall be accounted for. - 51 -

Short Title Amount Granted Monies to be accounted for

First Appl'opr>iation 19?~-?6 APPROPRIATIOII OR ITEN Administrative Services I Department of Treusury Department of Education

SCHEDULE "A" Department of Secretary and Registrar General I Department of Heulth. Welfare and Rehabilitation ' Department of Local Government Department of Tourism. Conservation and Information Department of Legal Affairs Department of Highways and Public Works Yukon Housing Corporation Project Capital Loan Capital Loan Amortization Government Employee Housing Plan - Revolving Fund - 52 - Chp. 20 $ 1.407.731 1.362.523 10.789.712 1.025.081 8.520.173 2.146.170 1.898.531 1.642.840 11.727.849 1.653.500 22.213.000 3.050.000 1!527.000 68.964.110 5001000 $ 69.464.110

CHAPTER 21 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) FINANCIAL AGREEMENT ORDINANCE. 1975 (Assented to March 26. 1975) 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) 4.

(1) This Ordinance may be cited as the FinanciaZ Agreement Ordinance~ 1975. In this Ordinance "agreement" means the agreement entered into pursuant to

section 3; "fiscal year" means the period beginning on and including the first day of April in one year and ending on and including the thirty-first day of March in the next year; "local administrative district" has the meaning given to it in the agreement. Subject to this Ordinance the Comm1ssioner is authorized to enter into and execute. on behalf of the Government of the Yukon Terr1tory. an agreement which will provide (

a) that the Government of Canada wi 11 pay to the Government of the Yukon Territory. (

i) as an operating grant for the f1scal year 1975-76. an amount equal to seven mil110n and eight thousand dollarsi (i1) as a payment 1n lieu of the Government of the Yukon Territory levying personal and corporate income taxes. an amount equal to six mil11on. five hundred and ninety thousand dollarsi and ' (i11) as a capital grant for the fiscal year 1975-76 an amount equal to eleven million. six hundred and six thousand dollars. ' (

b) that in consideration thereof the Government of the Yukon Territory will suspend and refrain and will require local administrative districts in the Territory to suspend and refrain from the imposition. levying and collection of individual income taxes. corporation taxes and corporation income taxes in respect of the period commencing on the first day of January 1975. and ending 'on the thirty-first day of December 1975. The agreement shall also provide (

a) that the amounts payable by the Government of Canada to the Government of the Yukon Territory shall be paid - 53-

Short Title .

Definitions " agreemen t' I "fiscal year" "local administrative district" Commissioner may execute agreement Provisions of agreement Additional provisions of agreement

Variation and Amel)dment Ratification Susp~ns1on of Ordinl\nce etc. No Tax 4.(1) 5. (1 ) 6. (1 ) 7. (1) 8. (1 ) collection con­ travening agreement Pawers of 9.

(1) C;ommissioner j)peration of 10.(1) ,.

Section 7 to 9 Financial, Agreement~ 19'15 Chp. 21 (

i) in the case of the amounts described in sub-paragraphs 3(a)(

i) and (ii). in equal instalments in each month in the period from the first day of April 1975 to the thirty-first day of March 1976~ and (ii) in the case of amounts described in sub-paragraph 3(a)(i11) in the amounts· and at the times fixed in a

schedule to be provided by the Territory and agreed to by Canada. (

b) for such other terms and conditions as may be agreed upon for the purpose of giving effect to this Ordinance. The agreement may be varied or amended from time to time. as may·be agreed upon with the Government of Canada by the Commissioner. . No variation or amendment to the agreement made pursuant to

section 5 is valid unless it is ratified by the Council. Upon execution of the agreement. the Ordinance of the Territory and any regulations. rules. by-laws or order made thereunder. including those of any local administrative district. shall. for the relevant periods provided in the agreement, be deemed to be amended. suspended or inoperative as the case may be to the extent necessary to give effect to the agreement and to permit the Government of the Yukon Territory to fulfill every obligation assumed by it under the agreement.

Neither the Commissioner nor any local administrative district shall do any act or exercise any power or collect any tax in contravention of the provisions of this agreement. The Commissioner is empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Yukon Territory under the agreement. Sections 7 to 9 shall remain in operation for only so long as is necessary to give effect to the agreement.

CHAPTER 22 ORDINANCES. OF THE YUKON TERRITORY 1975 (First Session) LOAN AGREEMENT ORDINANCE

(1975) NO. 1 (Assented to March 26.1975) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said T~rr1tory, enacts as follows: 1.

(1) This Ordinance may be cited as the Loan Agr>eement Or>dinance (19?5) No. 1. 2.

(1) The Commissioner may on behalf of the Yukon Territory borrow from the Government of Canada a sum not exceeding three million and fifty thousand dollars for loans to municipalities, to Central Mortgage and Housing Corporation second mortgages. and for development of land. 3. (1 ) The Commissioner is authorized to enter into and execute on behalf of the Government of the Territory an agreement with the Government of Canada providing for (

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

section 2i (

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

section 2i and (

c) such other terms and conditions as may be agreed upon by the Commissioner. O.

(1) The Commissfoner is empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Territory under this agreement. - 55·-

Short Title COmmissioner CMy borrow C:ol!llll1ss1onet may execute agreement Collllllissloner .may implement agreement

CHAPTER 23 ORDINANCES OF THE YUKON TERRITORY 1975 (First Session) MUNICIPAL GENERAL PURPOSES LOAN ORDINANCE (Assented to March 26, 1975) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory. enacts as follows:

Short Title

Definitions "borrowing by-law" "Council" "municipality" 1.(1) 2.

(1) Ordinance one (2) with Hunicipal Ordinance Commissioner 3.(1) may lend to municipslities By-laws 4.(1) form of 5.(1) tly-law This Ordinance may be cited as the MUnicipa~ Genero l. Purposes Loan Ordinance. In this Ordinance "borrowing by-law" means a by-law mentioned in

section 4; "Council" means the Council of a municipality, IImunicipality" means a town or city. This Ordinance shall be construed as one with the MUnicipal. Ordinance. but in case of conflict. the provisions of this Ordinance shall prevail. The Commissioner may on behalf of the Territory, lend a sum not exceeding two million six hundred fifty thousand dollars in the whole to municipalities in the Yukon Territory to enable them to carry on programs of municipal works and for that purpose. the Commissioner may. on behalf of the Territory, enter into agreements with the municipalities. Subject to this Ordinance. a Council may pass by-laws for the borrowing of money for the purpose mentioned in

section 3 but no such by-law shall be valid unless. prior to being finally passed by the Council. it has been approved in accordance wi th the Municipa l. Ordinance. A borrowing by-law shall set out in detail: (

a) the amount proposed to be borrowedi (

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

c) the term of the loan. (

d) the rate of interest payable thereoni (

e) the method of repayment. and (

f) the amount of the existing debt of the municipality. if any. and how much. if any. of the principal or interest, thereof is in arrears. - 56' -

MlDiicipal, GeneraZ Purpose8 Loan Chp. 23 5.

(2) Every by-law to borrow money shall. by its terms: 6. (1) 7. (1) (2) 8.(1) 9.(1) (

a) fix the amount of the loan and the rate or rates of interest payable thereon. and the places and the times when the princ1pal and ir.terest shall be payablei (

b) provide that the loan and interest thereon shall be paid in lawful money of Canadai (

c) provide for the levy of an annual tax or taxes sufficient to pay the principal and interest of the loani and (

d) generally shall be in such form and conta1n such further provisions as may be required by the Commissioner. No money borrowed pursuant to a borrowing by-law shall be used for a purpose other than that stated in the by-law except that if on complet10n . of the work for which the money was borrowed. there remains an unexpended balance, such balance may be used by a municipality (

a) for the payment of any interest payable in respect of the loan; (

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

c) for such other purposes and upon such terms and conditions as the Council. with the approval of the Commissioner, deems appropriate. A by-law may provide that the loan shall be repaid prior to the due date at the option of a municipality at such time or times as the municipality may find it possible to repay 1t. Where the loan or any portion thereof is' repaid prior to the due date, the repayment shall not affect the validity of any by-law by which taxes have been imposed in respect thereof, the validity of such taxes or the power of the Council to continue to collect taxes in respect thereof.

Any loan agreement made pursuant to this Ordinance shall be valid and binding upon a municipality notwithstanding any insufficiency in the form or substance of the agreement or the by-law 1f the by-law has been approved in accordance with the MUnicipal, Ordinance.

If a municipality defaults in payment of the monies owing in respect of a loan made under a by-law passed pursuant to this Ordinance. the Council shall forthwith make a special levy against all property in the municipality to raise sufficient funds to pay the arrears owing on the loan. _ 57 _ Honey to be used for purpose stated Repayment prior to due date Redemption Agreement binding Special levy where default in debentures

· TABLE OF: ORDIN~CES MARCH. 1975

CHAPTER NO.

TITLE OF ORDINANCES AMENDMENTS A-Cl Age of Majority new - 1972.c.l A-l Apprentice Training A-2 Arbitration A-3 Archives A-4 Area Development A-5 Assignment of Book Debts 8-1 Bills of Sale 8-2 Blasting B-3 Brands 8-3.1 Building Standards new -1973(lst) 8-4 Bulk Sales 8-5 Business Licence C-l Cancer Diagnosis C-2 Cemeteries and Burial Sites C-3 Change of Name C-4 Child Welfare S.20q - 1972.c.15 s.20 3 - 1972.c.15 5.23 2 - 1972.c.15 5.32(1 - 1972.c.15 s.40.1 - new 1972.c.15 S.55(2~ - 1972.c.15 5 .66( 1 - 1972.c.15 5.71(3) - 1972.c.15 5.73 - 1972.c.15 5.75(1) - 1972.c.15 s.89 - 1972.c.15 5.94.1 - new 1972.c.15 C-5 Chiroptractic 5.11-12(2) - 1972.c.16 5.15(3) - 1972.c.16 s.20 - 1972.c.16 C-6 Choses in Action C-7 Citizenship Instruction Agreement C-8 Civil Emergency Measures C-9 Collection Community Assistance new - 1975.c.l C-l0 Companies Compensation for the Victims of Crime new - 1975.c.2 C-ll Conditional Sales C-12 Condominium _ 59 _

CHAPTER TITLE OF ORDINANCES AMENDMENTS NO.

C-12.1 Conflict of Laws (Traffic new • 1972.c.3 Accidents) C-13 Consumers' Protection C-14 Contributory Negligence C-15 Controverted Elections C-16 Cooperative Associations S .l2.1 - new 1971(lst) C-17 Cornea Transplant C-18 Cornoners C-19 Corporation Securities Registration C-19.1 Corrections new - 1973(lst) C-20 Court of Appeal-. ~". ;. 'I: i," 5.5 -1974.Co4 Court Worker Agreement new - 1975.c.3 C-21 Credit Unions C-22 Creditors' Relief C-23 Curfew Custody of Federal Parole new • 1975.c.4 Violators Agreement 0-1 Oefamatfon 0-2 Dental Profession s.23.1 • new 1973(lst) s.24(1 ) ,- 1971(1st) 0-3 Dependants' Relief 0-4 Devolution of Real Property 0-5 Disabled Persons' Allowance repealed - 1975.c.11 0-6 Distress 0-7 Dog E-l Elections 5.4(1) - 1974.c.S' 5.15(2) - 1974.c.S Sched.

I - 1974.c.S E-l.1 Electoral District new .1974.c.l Boundaries Commission E-2 Electrical Protection E-2.1 Electrical Public Utilities new - 1972.c.4 S.19~2) - new 1974.c.6 s.21 2) - new 1974.c.6 5.26(1) - 1974. c.6 E-l Elevator and Fixed Conveyances E-4 Employment Agencies R/R - 1972.c.5 E-4 Employment Agencies new -l972.c.S E-5 Engineering Profession E-6 Evidence E-7 Exemptions -60' -

CHAPTER NO.

TITLE OF ORDINANCE E-8 Expropriation ·F-l Factors F-2 Fair Practices F-3 Fatal Accidents F-4 Financial Administration F-S Fire Prevention F-6 Fitness and Amateur Sport Agreement F-7 Flag F-8 Floral Emblem F-9 Forest Protection F-9.l Fraudulent Preferences and Conveyances F-l0 Frustrated Contracts F-1 F-ll Fuel Oil Tax Fuel Oil Tax F-12 Fur Export G-l Game G-2 Gaols G-3 Garage Keepers' Lien G-4 Garnishee G-5 Gasoline Handling Government Employee Housing Plan H-1 Health Care Insurance Plan H-2 Historic Sites and Monuments H-3 Hospital Insurance Services H-4 Hotels and Tourist Establ ishments H-S Housing H-5.1 Housing Corporation H-6 Housing Development - 61 - .

AMENDMENTS . s.3 s.4 s.S Para9raph 13 (1 )(

d) repealed s.13(3) s.21.1 s.21.1 new R/R new - 1974.c.7 - 1974.c.7 - 1974.c.7 - 1974.c.7 - 1974.c.7 - new 1972.c.18 - 1973(lst) - 1973(lst) - 1973(lst) - 1973(1st)

Schedule 1 - 1972.c.19 Sched.lIl repealed - 1972.c.19 s.2 - 1973~lstl s.37(1) - 1973 1st s.38 - 1973 1st s.48(1) - 1973(lst new - 1972.c.6 new - 1975.c.S new - 1972,c.7

CHAPTER NO. ·TITLE OF ORDINANCE AMENDMENTS 1-1 Immunity of Members 1-2 Insurance 1-3

Interpretation s.20 - 1973(lst) 5.26 - 1973(lst) 5.20 - 1974.c.8 1-4 Intestate Succession J-1 Judicature J-2 Jury J-3 Justice of the Peace L-1 Labour Standards 5.11(1) - 1973(lst) 5.12.1(1)-12.6(1) - new 1973(lst) s.49(j) - new 1975.c.14 L-2 Landlord and Tennant 5.60-92 - new 1972.c.20 L-3 Lands Repealed - 1972.c.14 Replaced - 1972.c.B L-3 Lands new - 1972.c.8 L-4 Legal Profession L-5 Legal Profession Accounts L-6 Legitimation L-7 Limitation of Actions L-B Liquor L-9 Local Improvement District 5.2 - 1972.c.21 5.2(1) - 1972.c.22 5.3 - 1972.c.22 5.5(1) - 1972.c.22 5.6(5) & 6(6) - 1972.c.21 & c.22 5.7 - 1972.c.21 5.7.1 - new 1972.c.21 S.8~2) & 8(3) - 1972.c.21 5.9 1~ - 1972.c.22 5.9(3 - 1972.c.21 & c.22 5.9(5 - 1972.c.21 5.10(5) & 10(7) - 1972.c.21 5.10(8.1) - new 1972.c.21 5.10(9) - 1972.c.21 5.11 - 1972.c.21 5.13(1) - 1972.c.21 5.15.1-15.10 - new 1972.c.21 S.18(2~ repealed - 1972.c.21 5.19(1 - 1972.c.22 5.21 - new 1972,c.22 L-10 Lord's Day L-10.1 Lotteries new - 1974.c.2 L-ll Low Cost Housing M-1 Magistrat's Court M-2 Maintenance M-3 Marriage M-4 Married Women's Property - Co? -

CHAPTER NO.

TITLE OF ORDINANCE AMENDMENTS M-5 Mechanics' Lien M-5.1 Mediation Board new - 1972.c.9 M-6 Medical Profession M-7 Mental Health s.2 - 1973(lst) s.6.1-6.3(1) - new 1973(lst) M-8 Mi ners' Li en M-9 Mining Safety S.lOp ~ - 1974.c.l0 s.lO 2 & (3) repealed - 1975.c.15 M-10 Motf on Pi ctures M-l1 Motor Vehicles s.26(1) - 1972.c.23 s.9 - 1973(lst) s.15(3) - new 1973(lst) S.26(2} - 1973(lst} s. 28 (1 - 1973(lst s. 32( 1 - 1973~lst s.49(4) - 1973 1st) s.62(4) - new 1973(1st) s.155(1) - 1973(1st) s.9(2) & 9(3) - 1974.c.11 s.62(3) - 1974.c.11 pararaPh 155 (l (w~ repealed - 1974.c.11 s.175(1 & 175(2) - new 1974.c.11 M-12 Municipal R/R - 1972.c.l0 M-12 Municipal new ~ 1972.c.10 s.115.1 - new . - 1975.c.16 .

M-13 Municipal Aid new - 1972.c.11 M-14 Municipal Elections new - 1972.c.12 N-l Newspaper N-2 Noise Prevention N-3 Notaries s.6(1) - 1974.c.12 Occupational Training new - 1975.c.6 0-1 Old Age Assistance and repealed - 1975.c.12 Blind Persons' Allowance 0-2 Optometry P-l Partnership P-2 Pawnbrokers and Second hand Dealers P-3 Perpetuities P-4 Pharmaceutical Chemists s .6.1 - new 1973(lst) s.24(1) - 1973(lst) P-S Plebiscite _ 63 _

CHAPTER NO. TITLE OF ORDINANCE AMENDMENTS P-6 .

Pounds s.19.1(I) - new 1913(1st) s.20 -197Tstl s. 21 1 1 1 - 1973 1st s.22 1 - 1973 1st s.23 1 - 1973 1st P-7 Presumption of Death P-8 Public Health S.2p ~ - 1972.c.24 5.9 1 . .. 1972.c.24 5.18.1 - new 1972.c.24 PrS.l Publfc Inquiries new .. 197JClst) P-9 Public Printing P-l0 Public Service P-ll Public Service Staff s.2(new definition)- 1974.c.13 Relations s.7f1).(2) 6 (3) - 1974.c.13 5.8 2) - new 1974.c.13 para1raPh 12(2)(a) - 1974.c.13 s.123) - 1974.c.13 A·l Recfprocal Enforcement of Judgments R-2 Reciprocal Enforcement of Maintenance Orders R-3 Recording of Evidence by Sound Apparatus R-4 Regulations R-5 Rehabilitation Services s.2(new definftion)- 1975,c.17 s.3 .. 1975.,.17 s.5(1 )(b) - 1975.c.17 5.6. 7 & 8 - 1975,c.17 s.9.(1)(f)- deleted- 1975,c.17 word S-1 Sale of Goods 5-2 Saw Logs Driving S-3 School s.l-13 A 78-100 repealed .. 1974.c.14 5.14-77 now numbered 5.226·289 • 1974,c.14

Part I1 District Schools now

Part IX .. 1914.c.14 S-4 Scientists and Explorers 5-5 Securities S-6 Social Assitance S-7 Societies s.30 - 1974,c.15 sea Steam Boners S-9 Students' Grants 5-10 Superannuation, Territorial Employees' Supervision of Federal Parolees .. 1975,c.7 Agreement - 64-

CHAPTER NO.

S-10.1 S-l1 T-Ol T-Ol TITLE OF ORDINANCE Supreme Court Survi vorshi p Taxation Taxation T-l Tenants in Common T-Z Tobacco Tax T-3 Trade Schools Regulation AMENDMENTS R/R - 1972.c.13 new - 1972,c.13 s.SO (new) . - 1975,c.18 new - 1974,c.3 Transfer of Prisoners Agreement new - 1975.c.8 T-4 Transport Public Utilities T-S Trustee V-l Variation of Trusts V-Z Vital Statistics W-l Wages Recovery W-2 Warehousemen's Lien W-J Wills W-4 Woodmen's Lien W-S Workmen's Compensation W-S Workmen's.Compensation W-6 Workmen1s Compensation Supplementary Benefits Young Voyageur Agreement - 65 - s.2 - 1973(lst) s.3 repealed - 1973(lst) s.4.1 - new 197J(lst) s.4-6 - 1973(lst) s.9-10 - 1973(lst) s.12-14 - 1973(lst) s.lS - 197J(lst) s.16 repealed - 197J(lst) s.17 - 1973(lst) s.26-27 - 1973(lst) s.30 197J(lst) s.45 - 1973(lst) Form A-H repealed - 1973(lst) Form J-K repealed - 1973(lst) R/R - 1973,c.6 new - 1973,c.6 new - 1973.c.7 new - 1975.c.9

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1975 SECOND SESSION J. SMITH COMMISSIONER Printed and Publi.bed for tbe GoverDmeDt of ~e Yukon Territory uDder Authority of Cbapter 93 of tbe COD.oliclated OrdiDaDce. of 1958. BY H. J. TA YLOR, Queen'. Printer

CHAPTER NO. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 N.C.N.R. 18 N.C.:L~.

ORDINANCES OF THE YUKON TERRITORY 1975 TITLE Municipal Employees Benefits Ordinance Society of Industrial Accountants Ordinance Students' Financial Assistance Ordinance Travel for Medical Treatment Ordinance Travel Industry Development Agreement Ordinance An Ordinan~e to Repeal the Students' Grants Ordinance An Ordinance to Amend the Cooperative Associations Ordinance An Ordinance to Amend the Credit Unions Ordinance An Ordinance to Amend the Fuel Oil Tax Ordinance An Ordinance to Amend the Game Ordinance An Ordinance to Amend the Historic Sites and Monuments Ordinance An Ordinance to Amend the Housing Development Ordinance An Ordinance to Amend the Judicature Ordinance An Ordinance to Amend the Municipal Ondinance An Ordinance to Amend the Taxation Ordinance An Ordinance to Amend the Territorial Employees' Superannuation Ordinance Second Appropriation Ordinance. 1975-76 Whitehorse (Takhini & Valleyview) Lands Ordinance Table of Ordinances PAGE 1 4 9 14 18 19 20 21 22 24 25 26 27 28

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1975 (Second Session) MUNICIPAL EMPLOYEES BENEFITS ORDINANCE (Assented to May 22, 1975) 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 Employee8 Short Benefits Ordinance. Title 2.

(1) In this Ordinance

Definitions "municipality" means a municipality as defined in the MUnicipal Ordinance and includes a local improvement district or such other body as may be prescribed by the Commissioner; "benefits program" means the program mentioned in subsection 3(1). "I11unicipali ty" "benefits program" 3.

(1) The Commissioner shall, pursuant to this Ordinance and Administer the regulations, administer a program of retirement. a program death and disability benefit plans for employees of municipalities.

(2) Any municipality may apply to the Commissioner to Application bring its employees or any class of its employees under the benefits program and such employees shall be brought under the benefits program subject to such terms and conditions as the Commissioner may prescribe.

(3) The Commissioner may declare this Ordinance to be Public boards applicable to any public boards or commissions or other or commissions bodies established by or under an Ordinance and thereupon this Ordinance applies in respect of such board, commission or other body and its employees as if it were a municipality. 4.

(1) Contributions to the benefits.program, as prescribed Contributions by the Commissioner, shall be made by both employees and the municipality, but the contributions of the municipality shall be at least equal to ·the contributions of the employees.

(2) All contributions to the benefits program shall be paid to the Commissioner at the times and in the manner prescribed by the· regulations and shall be accounted for by him in the manner set forth in the regulations.

(3) Where a municipality fails to make any contribution Failure of· required pursuant to this Ordinance or the regulations, contribution the Commissioner may pay the contribution on behalf of the municipality and recover the amount thereof from the municipality together with interest. - 1 -

Benefit 5. (1) payments Reciprocal 6.

(1) Agreement Board 7.

(1) Agreement 8. (1) with N.W.T. CODDDiasioner lliay make regulations Terms and conditions Classes Service Payments Amount of Payment Exemption Procedures 9. (1 ) MUnicipal Employees Benefits Ordinance Chp-l Benefit payments under the benefits program shall be made as provided in the regulations. The Commissioner may enter into a reciprocal agreement with any body whose employees are subject to a pension plan and with any person who administers the pension plan on its behalf to provide that (

a) when a person moves from ~e employment of such body to the employment of a municipality. or (

b) when a person moves from the, employment of a municipality to the employment of such body. pension benefits or service credits of that person shall be transferred in accordance with the terms of the agreement and any such agreement may be retroactive in effect. The Commissioner shall establish a board, to be known as the Municipal Employees Benefits Program Board, to administer the benefits program.

The Commissioner may enter into an agreement with the Commissioner of the Northwest Territories for such time as is mutually agreeable for the purpose of adopting a common set of regulations and the formation of a single Municipal Employees Benefits Program Board with representation from each of the two Territories and to carry out the provisions of such agreement. which Board shall replace the Board referred to in

section 7 during the currency of such agreement. The Commissioner may make regulations and amend them from time to time for the purpose of carrying out the provisions of this Ordinance according to their true intent, and without in any way restricting the generality of the foregoing. may make regulations (a) (b) (c) (d) (e) (f) (

g) prescribing the terms and conditions of the benefits program and the terms and conditions under which the employees of a municipality shall be brought under the benefits program; defining different classes of employees of municipalities and prescribing different conditions for different classes or limiting the application of the Ordinance to certain classes; defining what constitutes service of any employee for the purposes of the benefits program; prescribing the tenns and conditions under which the employees shall receive benefit payments; defining the amount of 'benefit payments; exempting any employer, employee. class of employees, municipality or other person affected by the regulations, from the regulations or any part thereof; prescribing the procedures to be followed by the Municipal Employees Benefits Program Board, municipalities and their employees in matters arising under this Ordinance; - ;> -

(

h) Municipal Employees Benefits Ordinance prescribing the amount of contributions to be made to the benefits program by each municipality and its employees. and (

i) respecting any matter in respect of which he considers regulations necessary to remedy any deficiency in this Ordinance. ClIp. 1 Amount of eonrributions 10.

(1) This Ordinance or any provision thereof shall come into Coming into force on such day or days as may be fixed by the Foree Commissioner. - 3 -

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1975 (Second Session) SOCIETY OF INDUSTRIAL ACCOUNTANTS ORDINANCE (Assented to May 22. 1975) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory, enacts as follows:

Short Title 1.

(1) This Ordinance may be cited as the Society of IndustPiaZ Accountants Ordinance. General 2. (1) objects of Society 3. Cl) Head Office

(2) Classific- 4. (1 ) ation of members General (2) membership Students

(3) Registered (4) members The general objects of the Society shall be to promote and increase the knowledge, skill and efficiency of its members in all things relating to industrial or management accounting, business organization and administration. The Society of Industrial Accountants of the Yukon is hereby constituted a body corporate. The head office of the Society shall be at the City of Wh1tehorse. The members of the Society shall be classified as general members. student members and registered members with such other classification of members as may be authorized by its by-laws.

General membership shall be available to anyone 16 years of age or over who is engaged or interested in industrial or management accounting or business organization and managment. Student membership shall be available to all persons following a recognized course in accounting, industrial accounting or business organization and management leading to the Society's examinations and shall be tenable for such period as may be laid down by the by-laws of the Society.

Registered members shall consist of the persons currently holding Registered Industrial Accounting Certificates and those students or general members who,pass examinations of the Society as prescribed under

section 11 and otherwise fill the requirements of its by-laws. Record 5.

(1) A record shall be kept at the head office containing the names of all general members and all student members. Register

(2) A register shall be kept at the head office in which shall be registered the names and addresses of all registered members. - 4 -

Society of IndustPial Accountants Ordinance Chp. 2

(3) The record and register shall be open for inspection by the public at all times during regular office hours. 6.

(1) The Society may establish and administer a benevolent fund for any member or the family of any deceased member of the Soc1ety who may require financial assistance. and for that purpose may make and receive contributions. 7. (1) 8. (1) (2) 9. (1 ) (2) 10. (1) 11.

(1) The Society may acquire. purchase. sell. mortgage. lease. or otherwise deal with real and personal property. The affairs and business of the Society shall be administered by a council of not less than four registered members. three of whom shall constitute a quorum. and who shall hold office for a term of one year or until their successors are electec.

When a vacancy occurs in the council from any cause. the. remaining members of the council may appoint any registered member of the Society to fill the vacancy until the next annual meeting of the Society and the majority of such members shall constitute a quorum for such purpose. A general meeting of the members of the Society shall be held annually at such time and place and upon such notice as is provided in the by-laws of the Society for the purpose of electing the council and for such other business as may be brought before the meeting.

Special general meetings of the members may be called and held in accordance with the by-laws of the Society. The council shall elect from its members a president and a vice-president. and may appoint a secretary- treasurer. a registrar and such other officers and employees as may be provided for in the by-laws of the Society. Without limiting its pO\,/ers the council may pass by-laws which shall not come into force until approved by an annual general meeting of the Society or at a special general meeting thereof called for the purpose of considering the same. for the following purposes:- (

a) To prescribe courses of study. and all matters. conditions and requirements respecting examinations for admission as registered members and the certificates to be granted to them. (

b) To establish and to collaborate with educational institutions in establishing lectures. classes and examinations for members of the Society in industrial accounting. business organization and management. (

c) To authorize agreements between the Society and any university. college or school for lectures. classes and examinations. - 5 - Benevolent Fund Administration by council Vacancy General Meeting Special General Meeting Elect By-laws

Society of InduBtPial Accountants Ordinance Chp. 2 (

d) To prescribe the rights and obligations of its various classes of members. (

e) To regulate the admission. qualification. conduct. suspension and expulsion of the members of the Society. (

f) To fix the admission and annual fees to be paid by the members and also the examination fees to be paid by applicants for the Society's examination. (

g) To provide for the appointment. functions. duties. remuneration. an