Yukon Ordinances, 1972 — Ordinance respecting AUTHORIZE THE COMMISSIONER TO ENTER INTO AN AGREEM

Yukon Ord. 1972

Yukon — Historical Statutes

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1972 FIRST AND SECOND SESSSION J. SMITH COMMISSIONER PriDted _d PabliaW for the GoYerDmeDt of tia. Yuk_ Tflmtory aDder Aatiaoril7 of

Chapter ., .,~ th. Coaaolidated Ordiaaace. of 11151. BY H. J. TA YLOR. Q-eD'. PriDter

CHAPTER 1 ORDINANCES OF THE·YUKON TERRITORY 1972 (First Session) AGE OF MAJORITY ORDINANCE (Assented to February 11, 1972) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. This Ordinance. may be cited as the Age of Majority Ordinance. 2.

(1) In this Ordinance "twenty-one years" means twenty-one years. 3.

(1) Every person attains the age of majority, and ceases to be a· minor, on attaining the age of nineteen years.

(2) Every person who, on the coming into force of this Ordinance, has attained the age of nineteen years but has not attained the age of twenty-one years, attains the age of majority and ceases to be a minor on the coming into force of this Ordinance. 4.

(1) Section 3 app11es for the purposes of any rule of law in respect of which the Conunissioner in Council has jurisdiction. 5.

(1) In the absence of an express definition or an indication of a contrary intention,

section 3 applies in respect of the expressions "adult". ''full age". "infant", "infancy", "minority" and similar expressions (

a) in any Ordinance or any regulation. rule, order or bylaw made under an Ordinance enacted or made before or after the coming into force of this Ordinance; and (

b) in any deed, will or other instrument of whatever nature made after the coming into force of this Ordinance.

Short title Definition "twenty-onc years" Majority at age nineteen· Effect of Ordinance Application and rules of law Meaning of similar expressions

(2) The use of expressions set out in subsection (1) or similar Use of expressions shall not in itself be deemed to indicate a contrary expressions intention for the purpose of this

section without some further indication of a contrary intention. 6.

(1) In any Ordinance except this Ordinance or in any regulation, Twenty-one ru1 e, order, or byl aw made under an Ordi nance. a reference to means the age of twenty-one years shall be read as a reference to the nineteen in age of nineteen years. former laws

(2) Where. by an Ordinance. any Act or any provision thereof 1s made to apply in respect of any Ordinance, matter or thing over which the Commissioner in Council has jurisdiction, in applying that Act or any provisi~n thereof in respect of such Ordinance, matter or thing, any reference to the age of twenty one years in the Act or provision thereof shall be read as a r~ference to the age of nineteen years. ,;.1- ...

Court orders' Use of twenty-one years Order of adoption Right of action and defence preserved Age of Majol'ity -.:.. .... ~.: ~ .: .. 7.

(1) In any order or direction of a court made before the coming into force of this Ordinance, in the absence of an indication of a contrary intention, a reference to the age of twenty-one Chp. 1 years or to any age bebleen ni neteen and twenty-one years or to any expressions set out in subsection 5(1) or similar expressions, shall be read as a reference to the age of nineteen years.

(2) The use of the words "twenty-one years" or words stating an age between nineteen and twenty-one years in an order or direction to which reference is made in subsection (1) shall not itself be deemed to indicate a contrary intention for the purposes of this

section without some further indication of a contrary intention.

(3) Neither this

section nor sections 4 or 5 prevents the making of an adoption order under the Child rye lfal'e 01'dinanoe in respect of a person who has attained the age of nineteen years if the application for the order was made before the coming into force of this Ordinance, and in that case such Ordinance applies as if this Ordinance had not been enacted. 8.

(1) Where a right of action or a defence to an action that is based upon the age of a party was in existence on the coming into force of this Ordinance, the law that was in force immediately prior to the coming into force of this Ordinance shall apply. Time of 9.

(1) The time at which a person attains a particular age expressed attaining in years shall be the commencement of a relevant anniversary age of the date of his birth. Application (2) Subsection (1) applies only where the relevant anniversary of

section falls aft~I' the coming into force of this Ordinance, and in relation t(: any Ordinance or any regulation," rule, order, or bylaw made under an Ordinance or any deed, will or other instrument has effect subject to the provisions thereof. 10.

(1) This Ordinance does not invalidate any direction or accumulation Accumulations expressed in a settlement 01'" other disposition made by a deed, will or other instrument and executed before the coming into force of this Ordinance that, but for this Ordinance~ was a permissible period of accumulation. Limitations of actions Exemption re existing statutory provisions 11.

(1) Where, on the coming into force of this Ordinance, a person has (

a) attained the age of nineteen years but has not attained the age of twenty-one years; and (

b) a ri~ht of action in respect of which the period of limitation applicable to the bringing of the action would have com menced to run on his attaining the age of twenty-one years had this Ordinance not been enacted; the period of limitation in respect of that right of action com mences to run on the coming into force of this Ordinance. 12.

(1) Notwithstanding any rule of law, a will, or codicil executed before the date on which this Ordinance comes into force shall be deemed, for the purposes of this Ordinance, not to have been made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date. . 13.

(1) This Ordinance does not affect the construction of a provlslon of an Ordinance or a regulation, rule, order or bylaw made thereunder that is incorporated in and has effect as part of a deed, will or other instrument if the construction of the -2-

Age af Majarj-ty . Chp. -1 deed, will, or other instrument is not affected by

section 3. 14.

(1) This Ordinance does· not apply so as to affect the law relating to perpetuities. 15.

(1) The Commissioner may make such regulations and prescribe such forms .as he deems necessary for carryi ng out the purposes and provisions of this Ordinance" . 16.

(1) This Ordinance shall come into force on a day to be fixed by the Commissioner. Perpetuties not affected Regulation Coming into force . March 1, "1972 is fixed as the coming-inta-fopce date by C.0.1972/124. -3-

Short title Commissioner may execute. agreement Commissioner may implement agreement

CHAPTER .2 ORDINANCES OF THE YUKON TERRITORY 1972 (First Session) AN ORDINANCE TO AUTHORIZE THE COMMISSIONER TO ENTER INTO AN AGREEMENT WITH THE GOVERNMENT OF CANADA FOR THE PURPOSE OF MAINTAINING THE ALASKA HIGHWAY (Assented to March 30, 1972) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. This Ordinance may be cited as the AZaska Highway Maintenance Ordinance (1972). 2. 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 obligations to be undertaken by the Territory respect ing the maintenance of the Alaska Highway; (

b) the payments to be made to the Government of the Territory for costs incurred by the Territory in the maintenance of the Alaska Highway; and (

c) such other terms and conditions as may be agreed upon by the Commissioner. 3. The Commissioner is empowered to do every act and exercise every pOl~er for the purpose of imp 1 ementi ng every ob 1 i ga ti on assumed by the Government of the Territory under this Agreement ... -4-

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1972 (First Session) CONFLICT OF LAWS (TRAFFIC ACCIDENTS) ORDINANCE (Assented to March 30, 1972) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory enacts as follows: 1.

SHORT TITLE This Ordinance may be cited as the Conflict of. LC1NJS (Traffic Accidents) Opdinanae.

INTERPRETATION 2.

(1) In this Ordinance "accident" means an accident that involves one or more vehicles and is connected with traffic on a highway; "highway" means any place or way, including any structure forming part thereof, which the public is ordinarily, or a number of persons are, entitled or permitted to use for the passage of vehicles, with or ~ithout fee or charge therefor and includes all the space between the boundary lines of any right-of-way or land taken, acquired or used therefor. and also includes (

a) a privately owned area designed and intended and primarily used for the parking of vehicles and the necessary passage ways ther'/?cn. and (

b) a pub1 icly owned area designed and intended to be used exclusively for the parking of vehicles and the necessary passage ways thereon;'

Short title

Definitions "accident" "highway" "pedestrian" includes any pel"SOn \'1ho, at the place of the accident. "pedestrian" was not carried in or on a vehicle; "state" includes a province and a territorial entity of a state, "state" if this entity has its own legal system in respect of tortious liability arising from an accident; "vehicle" means a device, whether motorized or not, in, upon. or "vehicle" by which a person or" thing is or may be transported or drawn upon a high\,/ay except a device used exclusively upon stationary rails or tracks. "

(2) A reference to the laws of a state shall be read as a reference to its internal laws excluding the conflict rules.

(3) A reference to the registration of a vehicle shall be read as a reference to its "registration at the time of the accident in" .question.

(4) The reference to chattels carried on a vehicle shall be read as a reference to chattels lying, standing or resting on any part of the vehicle. APPLICATION 3.

(1) Subject to subsection (2) and to

section 11. this Ordinance determines the law applicable to tortious liability arising from an accident. -5- Ordinance determines applicable law

W1'lere Ordinance does not apply Law of state where accident occurred applies Exceptions Conflict of LC1lJ8 Chp. :5

(2) This Ordinance does not apply 4. (1) (2) 5. (1) (

a) to the liability of manufacturers, sellers or repairers of vehicles; (

b) to the liability arising out of a breach of duty to maintain a highway or attaching to the ownership, occupation, possess ion or control of land; (

c) to an action by or against a person who caused or contributed to an accident for contribution, indemnity or any other relief over; (

d) to an action for contribution or indemnity from, or any other relief over against, an insurer or a subrogation action by an insurer; (

e) to an action by or against a person administering a workmen's compensation fund, a social insurance or similar scheme. by or against an unsatisfied judgment fund or any person administering a similar fund. or to any exemption from liability provided by the law governing these persons, institutions. funds or bodies; or (

f) to vicarious liability, but, notwithstanding paragraph (f). this Ordinante does apply to the liability of the owner of a vehicle, and to the liability of a principal and of a master. RULES DETERMINING APPLICABLE LAW Subject to

section 5 to 8. the law applicable under

section 3 is the law of the state where the accident o~curred. The law of the state where the accident occurred. and in force at that time. determines the rules relating to the control and safety of traffic. Where (

a) one vehicle is involved in the accident and is registered in a state other than the state where the accident occurred. or. where more than one vehicle is involved, and each is registered in the same state being a state other than the state where the accident occurred; and (

b) each pedestrian, if any, who caused or contributed to the accident has his habitual residence in the state mentioned in paragraph (a). whether or not he is also a victim of the accident; the law of the state of registration, subject to

section 8. determines (

c) liability to the driver. owner or any other person having control of, or a proprietary interest in, the vehicle. if at least one of these persons has his habitual residence within the state of registration; (

d) liability to a passenger whose habitual residence is in a state other than the state where the accident occurred. but not necessarily in the state mentioned in paragraph (a); and (

e) liability to a pedestrain whose habitual residence is in the state mentioned in paragraph (a).

(2) Where there are two or more victims, the applicable law is ,determined separately for each of them. -6-

Conflict of Laz,)s Chp. "3 6. (

l) The 1 iabi 1 i ty mentioned in paragraph 5(1) (

c) includes 1 iabi 1 ity for damage to chattels carried on the vehicle other than chattels mentioned in subsection (2). Liability re damage to " chattels

(2) The 1 iabil ity mentioned in paragraph 5(1 )(

d) includes liability Idem for damage to chattels that are carried on the vehicle and that are either owned by the passenger or have been entrusted to his care.

(3) The liability mentioned in paragraph 5(1)(

e) includes liability Idem for damage to chattels owned by the pedestrian, whether or not the chattels were carried on a vehicle. 7.

(1) Llability for damage to chattels not carried on a vehicle at Idem the time of the accident, except those mentioned in subsection 6(3), is governed by the law of the state where the accident occurred. 8.

(1) Where (

a) a vehicle is registered in more than one state or is not registered at all; or (

b) at the time of the accident, none of the persons mentioned in paragraph 5(1)(

c) had his habitual residence in the state of registration, the law of the state where the vehicle was habitually stationed at the time of the accident applies instead of the law mentioned in subsection 5(1). 9.

(1) The law applicable" under

section 3 determines, in particular, (

a) the existence of liability and its extent; ~

b) the grounds for exemption from liability, any limitation of liability and any division of liability; (

c) the existence and kind of injury or damage for which damages may be claimed; (

d) the amount of damages; (

e) the question whether a right to damages may be assigned or inherited; (

t) the persons who have suffered injury or damage and \1ho may claim damages in their own right; (

g) the liability of a principal or master for the acts of his agent oi servant; and (

h) rules of prescription and limitation, including rules relat ing to the commencement of a period of prescription or limitation, and the interruption and suspension of that period. 10.

(1) In this

section "insurer" means an insurer of the person alleged to be liable. Exception to rule in sub

section 5(1) Rules re lating to insurers

(2) Where the law applicable under

section 3 is the law of the state Idem where the accident occurred, a direct action against an insurer lies if such" action is authorized by that law or by the law governing the insur~nce policy.

(3) Where the law applicable under

section 3 is the law of the state Idem of registration, a direct action against an insurer lies if such action is authorized by that law, the 1a\~ of the state where the accident occurred or by the law governing the insurance policy. -7-

Nonapplica bility of law if contrary to public policy Regulations Coming into force Conflict of Laws 11.

(1) No law· that would be applicable under this Ordinance applies if its application is manifestly contrary to public policy. Chp. 3 12.

(1) The Commissioner may make such regulations and prescribe such forms as he deems necessary for carrying out the purposes and provisions of this Ordinance. 13.

(1) This Ordinance shall come into force on a day to be fixed by the Comnissioner. May 1, 1972 is fixed as the coming-into-force date by C.O. 1972/133. -8-

CHAPTER 4 ORDINANCES OF THE YUKON TERRITORY 1972 (First Session) ELECTRICAL PUBLIC UTILITIES ORDINANCE (Assented to March 3D, 1972) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory. enacts as' follows: 1. This Ordinance may be cited as the Electrical Public 'Utilities Ordinance. 2.

(1) In this Ordinance "Board" means the Electrical Public Utilities Board constituted by this Ordinance; "electrical publ ic util ity" means a person \'Iho operates any sys tem, works, plant or equipment tor the production, transmission. delivery or furnishing of electricity primarily for sale to the public; "franchise" means an agreement whereby the right to supply elect ricity within a defined area is granted; "member" means a member of the Board. "public utility" means an electrical public utility. 3.

(1) There shall be a Board, to tie called the Electri~al Public Utili ties Board. consisting of three members to be appointed by the Commissioner. 4.

(1) Two members constitute a quorum of the Board. 5.

(1) Each of the members of the Board shall hold office during pleasure for a term of three years, except that of those first appointed, one shall be appointed for a term of one year and another shall be appointed for a term of two years.

Short title

Definitions "Board" "electrical public utility" "franchise" "member" "public utility" Board constituted Quorum Appointment of members 6.

(1) The members of the Board shall be paid such remuneration as the Com- Remuneration missioner prescribes. 7.

(1) A vacancy in the membership of the Board does not impair the right VacanCY of the remainder to act. 8.

(1) The Commissioner may appoint a person to act in the stead of·any Substitute member of the Board who is unable at any time to perform the duties member of his office. 9.

(1) The Commissioner shall deSignate one of the members to be Chairman Chairman of the Board and one of the members to be Vice-chairman of the Board. and Vice-

(2) The Chairman is the chief executive officer of the Board and has supervision over and direction of the work and staff of the Board. -9- chairman

Meeting Experts Electrical PUblic Utilities Chp. 4

(3) If the Chairman is absent or is unable to act or if the office is vacant, the Vice-chairman has and may exercise all of the powers and functions of the Chairman. 1-0.

(1) The Board may be called together at any time by the Chairman or the Commissioner for the purpose of considering applications, objections or complaints at the time and place fixed by the Chair man or the Commissioner. 11.

(1) The Board may meet at any time on its own motion to perform any of its functions or duties under this Ordinance. 12.

(1) Subject to the approval of the Commissioner, the Board may from time to time appoint one or more pers~ns having special technical or other knowl edge to enqui re into and report on any ma tter before the Board or in respect of which the Board deems it necessary to have information. Remunerati~n

(2) A person appointed pursuant to subsection (1) shall be paid such remuneration as the Conmissioner prescribes. Powers 13.

(1) The Board shall keep a record of all proceedings conducted before the Board and be responsible for the custody and care of all re cords and documents belonging to or pertaining to the Board. 14.

(1) The Board may authorize a member or any other person to investi gate and report on any question or matter arising in connection with the business of the Board.

(2) A person authorized pursuant to this

section has all the powers of the Board for the purpose of taking evidence or acquiring the necessary information for his report. Additional lS.(l} The Board shall conduct such investigations. make such reports duties and perform such duties, in addition to the duties assigned to it by this Ordinance, as the Commissioner directs.

Expenses Evidence Annual Report Prohibition 16.(1} The members and staff of the Board shall be paid such transpor tation, accommodation and living expenses incurred in connection with their duties while a\~ay from their ordinary place of resi dence as the Commissioner prescribes. 17.(1} Where in the opinion of the Board, it is not in the public in terest, no member of the Board or its staff shall be compelled to give testimony in a court of civil jurisdiction with regarq to information obtained in the discharge of his official duty or to produce any file, papers, information. reports, correspon dence or other documents relating to the business of the Board. 18.

(1) The Board shall. not later than the 31st day of May in each year transmit to the Commissioner a report for the year ending the preceding 31st day of March concerning the affairs of the Board and showing the activities of the Board for that year.

(2) The annual report of the Board shall be tabled at the next ensuing Session of the Council. 19.(1) ·No public utility shall ·operate in the Territory unless it has been granted a franchise either by a municipality or by the Commissioner. -10-

Electrical Public Utilities , Chp. 4 20.

(1) The Commissioner may with the approval of the Board grant, renew Grant by or alter a franchise to a public utility to operate outside a Commissioner municipality. 21.

(1) A franchise granted by a municipality, or an alteration thereto or a renewal thereof, granted, made or entered into after the coming into force of this Ordinance shall have no effect until approved by the Board. Grant by municipality 22.

(1) The Board shall not approve a franchise unless Terms of (

a) the person seeking the franchise has satisfied the Board that franchise his scheme for the supply of electricty is reasonable and suf- ficient having regard to the general circumstances in the area to be served; and (

b) the Board is satisfied that having regard to the availability of any other source of supply in the area and to any other circumstances, the 9~anting of the franchise is to the general benefit of the residents of the area directly or indirectly affected thereby. 23.

(1) Every public utility shall within three months after the end of its Information fiscal year file with the Board required (

a) a statement sho\"Jing its rates of charge for the supply of electricity, the categories to which these rates apply and any other charge it makes to persons to whom it supplies electricity; (

b) financial statements for the fiscal year in such form and verif~ed in such manner as the Board directs; and (

c) a statement setting forth the name, address and duties of every officer and director of the electrical public utility.

(2) No public utility shall charge any rate for the supply of e1ectri- Electrical city other than the rate set out in the statement referred to in· new rates· paragraph (1 )(

a) or the rate set by the Board pursuant to this Ordinance unless ninety days before it commences to charge a dif- ferent rate, it (

a) files with the Board, and (

b) sends by registered mail to the municipality, if it operates within a municipality, and to the Commissioner, if it operates outside a municipality, a statement showing the new rate, in which case it may commence to charge such rate on the date specified therein.

(3) If any change takes place in the officers or directors of the· public utility, it shall notify the Board within ten days of such change. 24.

(1) Every public utility shall Books, (

a) keep such books, records and accounts as afford an understanding of the conduct of its business; i nt~ 11 i gent records an accounts (

b) maintain depreciation, amortization and depletion accounts in accordance with such rates and methods as the Board directs; and (

c) maintain its property and equipment in such condition as to enable it to provide safe, adequate and proper service. 25.

(1) The Board shall furnish to the Commissioner at his request a re- Reports port respecting the granting of any franchise contemplated by the Commissioner or a municipality or a proposed increase in rates by a public utility. -11-

Eleat~iaal Publia Utilities Chp. 4. Complaints 26. (1 ) The council of any municipality within whose boundaries a public utility operates or twenty-five residents of the municipality, or where a public utility operates outside a municipality, twenty-five residents of the Territory. may file a complaint with the Board respecting Order by Board

Summary dismissal of complaint Rate base Rate of return (

a) the rates charged by the public utility or the classifications to which these rates apply; (

b) a proposed rate increase by the public utility notice of which has been given pursuant to

section 23; (

c) the manner in which the public utility provides service; (

d) the areas to ~Ihich the public utility provides service; or (

e) the conditions including any paymenti to be made in respect thereof, imposed by public utilities for establishing, constructing, maintaining or operating an extension to its facilities.

(2) The Board shall, without undue delay, hear and adjudicate upon any complaint filed pursuant to subsection (1) and may make an order (

a) fixing rates and classifications to which these rates shall apply, which the public utility is permitted to Chal"ge; (

b) prohibiting any proposed rate increase or limiting it in any manner specified in the order. (

c) determining the conditions and manner in which the public uti lity shall supply electricity; (

d) requiring the public utility to establish, construct, maintain and operate any reasonable extension to its existing facilities.

(3) Where a complaint filed pursuant to subsection (1) is, in the opinion of the Board, frivolous, vexatious or calculated to ~e1ay \~ithout a hearing summarily dismiss the compli'.int.

(4) In fixing rates to be charged for the supply of electricity the Board may determine the cost to the public utility of the property that is used or required to be used by it in its service to the pub1 ic and fix- a fair return thereon.

(5) In fixing fair return pursuant to subsection (4),.the Board sh~ll give due consiueration to all such facts as in its opinion are relevant. Complaint 27.

(1) Commissioner The Commissioner may, in respect of any public utility to which the Commissioner has granted a franchise, file a complaint with the Board respecting any matter that can be the subject of a com plaint pursuant to subsection 26(1) and the BQard has the same powers to deal with such complaint as it has under

section 26. Service cop y28.(1) of complaint Where a complaint is filed with the Board pursuant to section" 26, a copy thereof shall be served upon the public utility to which it applies within seven days of the time of the filing, or within such period as the Board or a member thereof on application being made in that behalf may fix. Notice to 29.

(1) In contentious matters, the Board may require notice·of an applica- other tion to or hearing by the Board to be given to such parties as it parties directs. General 30.(1) jurisdiction The Board may order and require any person to do forthwith, or within, or at, any specified time and in any manner prescribed by the Board so far as it is not inconsistent with this Ordinance, "any act, matter or thing that such person is or may be required to do under this Ordinance and may forbid the doing or continu ing of any .act, matter or thing that is contrary to this Ordinance -12-

Electrical Public Utilities Chp. 4 31.

(1) The Board may' (

a) enter upon and inspect at any reasonable time any place. building, works. or other property of the'public utility; (

b) require the attendance of such persons as it deems neces sary to summon. and examine and take the testimony of such persons; (

c) require the production of such books, plans, specifica tions and other documents as it deems necessary; and (

d) admi ni s ter oaths. a ffi rma tions or dec 1 arati oris. ,

(2) In conducting ~ny investigations or hearing any complaint the Board has the same powers and privileges as a judge of the Court.

(3) No action or proceeding shall lie against the Board or any member of the Board or any officer, agent or staff of the Board for 'anything done or purporting to be done in pursu ance of this Ordinance.

(4) The Board may order to whom or by whom any costs incidental to any proceeding before the Board are to be paid and to fix the costs to be paid. . 32.

(1) The Board may make rules respecting (

a) the sittings of the Board; (

b) the procedure for making applications, representations and complaints to the Board, the conduct of hearing be - fore the Board, and generally the manner of conducting any business before the Board; and (

c) generally, for the carrying on of the \'Iork of the Board the managem~nt of its internal affairs, and the duties of its officers and staff. 33.

(1) The Board may on its own motion enquire into, hear and deter- mine any matter or thing respecting the production, trans mission, delivery or furnishing of electricity to the public. 34.

(1) The Board may in any matter before it, make an 'interim order and reserve further direction either for an adjourned hearing or for further a~plication. 35.

(1) The Board may review, rescind, change, alter or vary any decision or order made by it, and may rehear any applica ,tion or complaint before deciding it. 36.

(1) The Board may, on the ground of urgency and notwithstanding that it has not held a public hearing as required by this Ordinance, make any order within its jurisdiction.

(2) Any person affected by an order made pursuant to sLlbsection (1) may within ten days of the making of the order, or with in such further time as the Board may allow, apply to the Board to alter or rescind the order. 37.

(1) Where any work, act, matter or thing is by an order or decis ion of the Board required to be done, performed or completed within a specified time, and if the circumstances of the case so require, the Board may, upon giving such notice as it deems reasonable, or in its discretion without notice, extend the time so specified. -13- Power of Board Privileges of Board No action against Board Rules Inquiry Interim order VaryIng order Swnmary order Application for decision Extension of time

Order final 38.

(1) Electrical Public Uti.lities Chp. 4 Every order and decision of the Board shall be final and binding until changed or amended by the Board but no order of the Board shall be effective until a copy thereof is served upon the person to whom it is directed. Method of 39.

(1) A copy of any application, complaint or order shall be served by service personally serving it, (

a) in the case of a municip~lity, on the mayor, manager or clerk of the municipality; (

b) in the case of any other corporation on some adult person in its employ at its head office or chief place of business in the Terri tory; . (

c) in the case of a partnership, on any member thereof; or (

d) in the case of an individual, on him. Substituted

(2) If in any case it is made to appear to the satisfaction of the service Board that service of any application, complaint or order cannot be made in the manner provided in subsection (1), the Board may. allow service to be made by publication in a local newspaper or by prepaid registered mail. No appeal 40.

(1) Except as provided in sections 35 and 41 every decision or order of the Board is final. Appeal of 41.

(1) The Court has jurisdiction to hear and determine an appl ication law 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, ~)de by or in the course of proceedings before the Board, upon the ground that the Board Extension of time (

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

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 capritious manner or without regard for the material before it.

(2) Any application may be made by the Commissioner or any party directly affected by the decision or order by filing a notice of the application in the Court within ten days of the time the decision or order was first communicated to the office of the Commissioner or to that party by the Board, or within such further time as the Court or a judge thereof may, either before or after the expi ry of those ten days, fi x or allow.

(3) The Board may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Court for hearing and determination.

(4) An application or reference to the Court made under this

section shall be heard and determined without delay and in a

summary way. Appearance 42.

(1) The Board ,'s ent,'tled to be h d b 1 th' ear y counse .or 0 erw,se upon Order not suspended argument of an appeal. 43.

(1) The operati on of an order of the Board i s n~·t suspended by an appeal to the Court but the Court or the Board may suspend the ·operation of the order until· such time as the appeal has been determi ned . . . -14-

Electrical Public Utilities Chp. 4 44.

(1) In any action or other proceeding a copy of any order of the Board purporting to be certified by a member to be a true copy is prima facie evidence of the signature of the member. 45.

(1) A decision or order made by the Board may, for the purposes of enforcement thereof, be made an order of the Court and when so made may be enforced in like manner as any order of the Court.

(2) A decision or order of the Board becomes an order of the court immediately upon fil ing \'lith the clerk of the Court a certified copy of the decision or order. Evidence of order Enforcement of order FiUng of order 46.

(1) A person who fails to comply with the requirements of this Ordi- Offence and nance commits an offence and is liable on

summary conviction penalty (

a) if an individual, to a fine not exceeding one thousand dollars, and in default of payment thereof to imprisonment for a term not exceeding one year; and (

b) if a corporation, to a fine not exceeding five thousand dollars. 47.

(1) Any person who advises, solicits or persuades or knowingly Unlawful instructs, directs or orders any officer, agent or employee of counselling a public utility to perform, commit or do any act that is contrary to an order of the Board or to the requirements of this Ordinance is guilty of an offence and is liable on

summary conviction to a fine not exceeding one thousand dollars, or to imprisonment. for a term not exceeding.one year, or to both fine and·imprison~ent. 48.

(1) Every public utility shall l'Iithin sixty days of the coming into Transitory force of this Ordinance, file with the Board the statements provision mentioned in subsection 2~(1), and subsections 23(2) and (3). shall apply'accordingly. 49.

(1) An order of the Board shall supersede the terms of any franchise in existence on the day this Ordinance comes into force. SO.

(1) This Ordinance shall bind the Crown insofar as the Crown submits to the operation of this Ordinance. 51.

(1) The Commissioner may make such regulations and prescribe such forms as he deems necessary for carrying out the purposes and provisions of this Ordinance. 52.

(1) This Ordinance shall come into force on a day to be fixed by the Commissioner. Order prevails R~gulatlon Coming into force November 1~ 1972 is fixed as the coming-in to-force date by C.O. 197~/370. -15-

CHAPTER ·,5 ORDINANCES OF THE YUKON TERRITORY 1972 (First Session) EMPLOYMENT AGENCIES ORDINANCE (Assented to March 30. 1972) 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. This Ordinance may be cited as the Employment Agencies Ordinance. 1:·-

Definitions 2.

(1) In this Ordinance "employment agency" "Registrar" Exemptions Appoint ments Registration lI emp10yment agencyll means the business of carrying on an agency, bureau, office, organization or system, the purpose or object of which is (

a) to provide or find or assist in providing or finding, or to provide facilities for finding. work or employment for persons seeking it, or (

b) to put employers and persons seeking employment into' communication with one another, and includes the carrying on of the business of counselling or testingpersons for a fee, reward or other remuneration to assist them in securing employment; IIRegistrarll means the Registrar of Employment Agencies appoint ed under this Ordinance. 3.() This Ordinance does not apply to (

a) an employment office maintained by an employer as part of his business organization for the exclusive purpose of engaging workers for the business, or to the employer operating such an employment office; . (

b) a trade school registered under the Trade Schools Regula tion O~dinance or to a person operating such a trade school, in respect of securing or endeavouring to secure employment for the stUdents or graduates of the trade school; (

c) a trade union within the meaning of the Fair Practices Or>dinance; or (

d) any non-profit society or organization excluded by Order of the Commissioner pursuant to subsection (2).

(2) Where the Commissioner is satisfied in respect of any non profit society or organization that the society or organiz ation provides or finds or assists in providing or finding or provides facilities for finding work or employment for its members or members of their families, he may by order exclude the society or organization from the provisions of this Ordinance. 4.

(1) The Commissioner may appoint a Registrar, Deputy Registrar and such officers as he may consider necessary for the purpose of carrying out the provisions of this Ordinance. 5.

(1) No person shall operate an employment agency in the Territory unless he is registered under this Ordinance. -16-

Employment Agencies Chp. 5 6.

(1) Where a person Application (

a) applies in the prescribed form, (

b) pays the prescribed fee, (

c) furnishes such security as is prescribed by the regulations, and (

d) complies with the qualifications prescribed by the regula tions, the Registrar may register him and issue a Certificate of Registration. accordingly. 7.(11 Every person registered pursuant to

section 6 shall display his Certificate of Registration in a conspicuous place in the pre mises in which he carries on business. 8.

(1) Every registration under this Ordinance shall expire on the 31st day of March next following the date of registration arid a person who is registered may make. application to the Registrar for the renewal of his registration. 9.

(1) No person shall directly or indirectly demand or collect any· fee, reward or other compensation (

a) from a person who is seeking (

i) employment, or (ii) information respecting employers wanting employees, or (

b) from a person (

i) for securing or endeavouring to secure employment for him, or (ii) for providing him with information respecting any employer wanting an employee. 10.

(1) Where a legal strike or lockout is in progress, no employment agency shall, knowingly, (

a) send or assist in sending any person, or (

b) cause any person to be sent to take employment in place of an employee who is on strike or locked out without informing the person of the existence of the strike or lockout. Display of Certificates Expiration and renewal. of Certificate' Exemption Strike or lockout 11.

(1) Every person who contravenes any provision of this Ordinance Penalty or the regulations commits an offence and is liable, on

summary conviction, to a fine not exceeding five hundred dollars, or to imprisonment for a term not exceeding six months, or to both fine and imprisonment. 12.

(1) The Commissioner may make regulations Regulations (

a) prescribing the qualifications of applicants for registration; (

b) classifying employment agencies; (

c) prescribing the nature and amount of the security to be fur nished by employment agencies or any class thereof; (

d) prescribing the records, books and accounts that shall be kept by employment agencies or any class thereof; (

e) requiring~ providing for and prescribing the annual or other returns that shall be made to the Registrar by employment agencies or any class thereofi -17-

Employment Agencies Chp. ~ (

f) fixing the fees to be paid for registration of employment agencies or any class thereof; (

g) providing for the inspection of employment agencies; (

h) prescribing forms and providing for their use; and (

i) generally. for the purpose of carrying out the provisions of this Ordinance. Repeal 13.

(1) The EmpLoyment Agencies Opdinance is hereby repealed . . 14.

(1) This Ordinance shall come into force on a day to be fixed by Coming the Commissioner. into force March 13, 1972 is fixed as the coming-into-fopce date by c.o. 1972/120 -18-

CHAPTER ~ ORDINANCES OF THE. YUKON TERRITORY 1972 (First Session) GASOLINE HANDLING ORDINANCE (Assented to March 30, 1972) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as foll ows: 1. This Ordinance may.be cited as the Gasoline Handling Ordinance. 2.

(1) In this Ordinance "approval" means approved by the Commissioner or by a person authorized by the Commissioner; "associated product" means any product of petroleum other than gasoline, ~ax, and asphalt; . "bulk plant" means one or more storage tanks, including the appurtenances thereof, where gasoline or an associated product is received by pipeline, tank vessel, tank car, or tank vehicle and is stored in bulk for subsequent transmission by pipeline or transportation or distribution by tank vessel. tank car, or tank vehicle.

"consumer outlet." means any premises at which gasoline or an associated pro~uct of the operator of the outlet is put into the fuel tanks of motor vehicles used by the operator of the outlet or into portable containers used by the operator of the outlet; "equipment" means equipment used or to be used in the handling of gasoline or an associated product; "fire resistance" means the property of a material or assembly to withstand fire or give protection from it, a? applied to elements of buildings, being characterized by the ability to confine a fire or to continue to perform a given structural function or both; "flash point" means the. lowest temperature, determined by using a Tag1iabue closed-cup tester, at which the vapour of a product of petroleum forms a flammable mixture in air; "gasoline" means a product of petroleum that has a flash point below 73° Fahrenheit and is designed for use in an internal combustion engine; "handling" means the storing, transmitting, transporting, or distribution of gasoline or an associated product, and includes putting gasoline or an associated product into the fuel tank of a motor vehicle, motor boat or other water craft, or air craft, or into a container; "inspector" means an inspector authorized to enforce this Ordinance; "marina" means any premises at which gasoline or an associated product is sold and is put into the fuel tanks of motor boats and other water craft, or aircraft, or into portable containers; "portable container" means a container that has a capacity of ten gallons or less that is designed, manufactured, and used, o~ to be used for, the storage or conveyance of gasoline or an associated product; -1"9-

Short title

Definitions "approval" "associated product" "bulk plant" "consumer outlet" "equipment" "fire resistance" "flash point" "gasoline" "handling" "inspector" "marina" "portable container"

"repair garage" GasoZine HandZing.

Chp. 6 "repair garage" means a bunding, or part thereof, where facilities are provided for the repair or servicing of motor vehicles; "safety certificate" "safety certificate" means the certificate issued by the Commissioner after inspection of the place or equipment; "service station" "storage garage" "transport" Gasoline handling equipment must be approved Containers must be approved "service station" means a building or place where petroleum products, anti-freeze, and other sundry products for maintain ing automobiles, are stored or kept for sale or where motor vehicles may be oiled, greased, or washed; "storage garage" means a bunding, or part thereof, intended for the storage or parking of motor vehicles and which contains no provision for the repair or servicing of such vehicles; "transport" means to convey in or on a vehicle, gasoline or an associated product, exclusive of the fuel carried for use in the vehicle. 3.

(1) No person shall (

a) offer for sale or sell, (

b) install, or (

c) use in a service station, consumer outlet, marina, or bulk plant, any equipment that is not approved pursuant to the regulations. 4.

(1) In a service station, consumer outlet, marina, or bulk plant, no person shall put gasoline or an associated product having a flash point below 73° Fahrenheit into any container of a type that is not approved pursuant to the regulations. Approval of 5.

(1) The Commissioner may establish or approve specifications or specifica- test reports for equipment and designate organizations to test tions for equipment in accordance with such requirements. equipment 6.

(1) All equipment shall be installed, tested, operated or used in accordance wtth the regulations. 7.

(1) No person shall operate a service station, marina, bulk plant or transport gasoline or an associated product, unless he has been issued a safety certificate by the inspector.

(2) The inspector may refuse to issue a safety certificate under this Ordinance to any person, and may cancel or suspend any safety certificate issued under this Ordinance where the person to whom a safety certificate has been issued, has contravened' or failed to comply with any provision of this Ordinance or ·the regulations. 8.

(1) Every person who employs another person in the handling of . gasoline or an associated product or in the installing of equipment shall take every precaution that is reasonable in the circumstances to ensure that his employees comply with this Ordinance and the regulations. -20-

GasoZine Handling Chp. 6 9.

(1) Every inspector may, for the purposes of this Ordinance and~ the regulations, (

a) enter any premises where he has reason to believe there has been. are, or may be. hazardous conditions relative to gasoline or an associated product, , (

b) make such inspections. tests, and inquiries as are neces sary to ascertain whether this Ordinance and regulations are being complied with, (

c) take samples of any liquid that he has reason to believe is, or may contain, gasoline or an associated product, and (

d) require the production of any safety certificate or other prescribed document, and examine and copy it.

(2) An inspector may give instructions orally or in writing to any matter in order to bring about compliance with this Ordinance and the regulations and may require that his instructions be carried out within such time as he specifies. Powers Instruct- ions

(3) Where an inspector has given oral instructions, he shall provide Ide~ , a written report forthwith.

(4) The occupant of any premises and his servants, agents, and Duty to employees shall give reasonable assistance to an inspector in assist the exercise of his powers under this Ordinance. inspector

(5) No inspector is personally liable for anything done by him No personal in the exercise of his powers under this Ordinance. :iability 10.

(1) The Commissioner may make regulations (

a) appointing such persons or class of persons as may be necessary to 'assist in the enforcement of this Ordinance and the regu1ations, (

b) exempting 'any person or class of persons from this Ordinance or the regulations or any of the provisions thereof for a prescribed period of time, (

c) exempting any equipment ,or any class of eqipment from this Ordinance or the regulations or any of the provisions thereof for a prescribed period of time, (

d) respecting the term, issue, renewal and posting of safety certificates and prescribing the fees thereof, (

e) designating organizations to test equipment to specifi cations established or approved by the Commissioner and. where the equipment conforms to the specifications, to place their label thereon, (

f) prescribing procedures for installing, testing. operating and using equipment, (

g) respecting the approval of equipment or any type thereof, (

h) prescribing grades of gasoline and associated products, and providing for the identification thereof, (

i) prescribing forms and providing for their use, or (

j) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Ordinance. 11.

(1) Every person who (

a) contravenes or fails to comply with any provision of this Ordinance or'the regulations, (

b) knowingly makes a false statement in any document prescribed by the regulations, or -21- Offences and penalties

Repeal , Gasoline Handling Chp. 6 (

c) fails to carry out the instructions of an inspector, is guilty of an offence and on

summary conviction is liable to a fine not exceeding five hundred dollars or to imprtsonment for a term not exceeding six months or to both fine and 1 mpri s onment. 12.

(1) The Petroleum Products Ordinance is repealed. Coming into 13.

(1) This Ordinance shall come into force on a day to be fixed by force the Commissioner. N.B. C.O. 1972/136- c:omes into force on April 25. 1972. April 25, 1972 is fixed as the coming-into-force date by c.o. 1972/136. -22-

CHAPTER 7 ORDINANCES OF THE. YUKON TERRITORY 1972 (First Session) HOUSING CORPORATION ORDINANCE (Assented to March 30, 1972) 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. This Ordinance may be cited as the Housing Corpo~tion Ordinance.

INTERPRETATION 2.

(1) In this Ordinance . "Act" means the National. Housing Aa;, as amended from time to time; "Board" means the Board of Directors established pursuant to

section 5. "Canada corporation" means the Central Mortgage and Housing Corporation; "Corporation" means the Yukon Housing Corporation; "housing unit" means a unit that provides therein living, sleeping, eating, food preparation and sanitary accom modations for one or more persons, with or without es sential facilities shared with other housing units; "municipality" means a municipal ity defined in the Municipal.

Ordinanae; "public housing project" means a project, together with the land on which it is situated, consisting of housing units in the form of detached, semi-detached, row housing, apart ments or of the hostel or dormitory type or any combination or form thereof undertaken to provide housing accommodation in compliance with standards approved by the Commissioner for lease or sale to families or individuals. 3.

(1) There shall be a corporation entitled "The Yukon Housing Corporation" with pOl'/ers, duties and functions pursuant to this Ordinance. consisting of those persor6 who from time to time comprise the Board of Directors.

(2) The Corporation is an agent of the Commissioner and its powers may only be exercised as an agent of the Commissioner. 4.

(1) The objects of the Corporation are to carry out any of the duties and functions provided for by this Ordinance and such other duties and functions related to any program of housing or urban development as may be assigned to it by the Commis sioner.

(2) Without restricting the generality of subsection (l), the Corporation may undertake, carry to completion or assist in the provision, development, maintenance and management of housing (

a) generally, < . .: . ...,,, -23-

Short title

Definitions "Act" "Board" "Canada corporation" "Corporation" "housing unit" "municipal ity" "public housing project" Continuation of Corpora tion Objects

Board of Directors Employees Rules governing operation General powers Housing Corporation (

b) for families and individuals. (

c) for employees of the public service. (

d) for students. (

e) for senior citizens. and· (

f) for families and individuals receiving social allowances or social assistance. 5.

(1) The affairs of the Corporation shall be conducted by a Board of Directors which shall consist of (

a) a chairman. (

b) a deputy chairman, and (

c) not more than five other members to be appointed by the Commissioner and to hold office during pleasure.

(2) A majority of the Board constitutes a quorum. Chp. '/

(3) At its meetings, the Board of Directors may exercise any of its powers by resolution except where some other mode of exercising any power is prescribed in this Ordinance.

(4) Members of the Board of Directors shall receive such remunera tion for their services as Directors as is prescribed by the Conunissioner. 6.

(1) The Board of the Corporation shall (

a) appoint such employees as it considers necessary, and (

b) fix the salaries or remuneration for its employees.

(2) Employees appointed pursuant to subsection (1) are subject to the terms and conditions of employment applicable to the public service of the Territory.

(3) The Corporation may appoint one or more experts or persons having special technical knowledge to enquire into and report in respect of any matter which the Corporation considers ne cessary to have information for the proper carrying out of its duties under this Ordinance and may pay such remuneration as is considered suitable by the Corporation. 7. (1) 8.

(1) The Board may make bylaws regulating its proceedings and generally for the conduct and management of the affairs of the Corporation. In addition to the powers vested in a corporation by

section 13 of the

Interpretation Ordinance, the Corporation may (

a) acquire. hold and alienate real or personal property; (

b) undertake to develop lands with roads, streets, sidewalks, water and sewer and other municipal facilities, either alone or in conjunction with municipalities; (

c) administer, manage and maintain properties; (

d) make grants or loans for the purpose of acquiring, cons- tructing or improving housing; . (

e) make grants or loans to municipalities for any of the pur poses of

section 30; .et) guarantee the repayment of any loans; -24-

Housing Co~oration (

g) establish a mortgage insurance fund or any other fund it considers necessary; (

h) establish any administration fee or other fee for any of its services or programs it considers necessary; (

i) carry out any other program that is assigned to it; Chp. ? (

j) enter into any agreement to carry out the intent and pur pose of this Ordinance; and (

k) carry out any of the duties and functions provided for by this Ordinance and any duties and functions related to any program of housing and urban development. 9.

(1) The Corporation may, from time to time, borrow such sums'of money as the Corporation requires for the purposes of the Corporation, and may, from time to time, issue notes, bonds, debentures or other securities which (

a) shall bear interest at such rate or rates as may be de termined by the Corporation; (

b) shall be in such denomination or denominations as may be determined by the Corporation; (

c) shall be payable as to principal and interest (

i) in such currency or currencies of such country or countries, (ii) at such place or places, (iii) at such time or times, and (iv) in such manner as may be determined by the Corporation; (

d) may be redeemable or payable in whole or in

part in ad vance of maturity either at the option of the Corporation or on demand of the holder thereof (

i) at any time or times, (ii) on such terms, and (iii) at such price or prices, either with or without pay ment of a premium, as may be determined by the Corporation; and (

e) may be issued in such amounts as will realize the net sum required by the Corporation for the purposes of the Cor poration.

(2) Where the authorizing resolution of the Corporation made under subsection (1) contains a recital or declaration that the amount of the notes, bonds, debentures or other securities authorized by the resolution is necessary to realize the net sum required for the purposes of the Corporation, the recital or declaration is conclusive proof of the facts stated therein.

(3) The Corporation may sell or otherwise dispose of any notes, bonds, debentures or other securities on such terms and condi tions as it considers advisable, either at the par value thereof or at less or more than the par value thereof, and may charge, pledge, hypothecate, deposit or deal with any such securities as collateral security.

(4) Any notes, bonds, debentures or other securities and the coupons, if any, attached thereto shall be in such form and shall be ex ecuted in such manner and by such persons as may be determined by the Corporation. Borrowing powers 10.

(1) The Corporation may for the purposes of the Corporation, borrow Temporary by way of temporary loans from time to time such sums and upon loans such terms as the Corporation determines and may effect the loans by way of an overdraft or line of credit or by the pledging as security for such temporary loans of notes, bonds, debentures or other securities of the Corporation pending the sale thereof or -25-

Housing Corporation Chp. 7 in lieu of selling them, or in such other manner as the (orpora tion determines.

(2) Any cheques, promissory notes or other instruments that may be necessary or desirable in connection with the borrowing of money and the obtaining of advances by way of a temporary loan under subsection (1) may be executed in such manner as the Corporation determines. Definition )1.

(1) In sections 9 and 10, "purposes of the Corporation" include (

a) the carrying out by the Corporation of the powers and duties given to it by or pursuant to this or any other Ordinance, and (

i) the provision in whole or in part for expenditures made or to be made by the Corporation in connection with the carrying out of those powers and duties, and (ii) the reimbursement of the Corporation for the whole or any part of any expenditures made or to be made by the Corporation in connection \~ith the carrying out of those powers and duties; (

b) the repayment of sums advanced or paid over to the Cor poration pursuant to

section 17; (

c) the payment, funding or renewal from time to time of the whole or any part of any loan raised or the notes, bonds, debentures or other securities issued by the Corporation; and (

d) the payment of any other 1 i abil i ty or indebtedness of the Corporati on. Loans from 12.

(1) The Cor~oration may borrow from the Canada corporation for any Canada of the purposes mentioned in this Ordinance or the Act on such corporation terms and conditi ons as the Commi ss ionel' cons i ders proper. Territorial guarantee

(2) A municipality, with the approval of the Corporation, may bor row from the Canada corporation for any of the purposes mentioned in this Ordinance or the Act, on such terms and, conditions as the Commissioner considers proper.

(3) The Corporation and a municipality, \\fith the approval of the Corporation, may receive contributions available under the Act. 13.

(1) The repayment of principal and interest of any borrowings by the Corporation and the principal and interest of, and any premiums payable under, any notes, bonds,'mortgages, debentures or other securities issued by the Corporation, are guaranteed by the Com missioner.

(2) The guarantee, in such form and manner as the Commissioner ap proves, may be endorsed upon any notes, bonds, debentures or other securities issued by the Corporation and may be signed on behalf of the Commissioner by the Territorial Treasurer, or such other person as the Commissioner may designate.

(3) The signature of the Territorial Treasurer, or the person de signated by the Commissioner, upon the guarantee is conclusive proof that the relevant provisions of the Ordinance have been complied with. (4) \·Jhe,re in respect of any notes, bonds, debentures or other se curities issued by the Corporation, it becomes necessary or desirable under the terms of any guarantee given on behalf of the Commissioner to make payment under the guarantee, the pay ment may be made upon the order of the Commissioner out of the Yukon Consolidated Revenue Fund, without further appropriation. -26-

Housing Corporation Chp. Z 14.

(1) The seal of the Corporation on any notes, bonds, debentures or other securities of the Corporation and the signature of (

a) any person authorized by the Corporation to execute the notes, bonds, debentures or other securities or any coupon attached thereto, or (

b) the Territorial Treasurer, or the person designated by the Commissionel' to sign a guarantee that is endorsed on the notes, bonds, debentures or other securities may be engraved, lithographed, printed or otherwise reproduced on the notes, bonds, debentures or other securities of the Corporation and on the- guarantee endorsed thereon.

(2) The reproduced signature of any person referred to in sub section (1) is for all purposes deemed to be the signature of that person and is binding on the Corporation and the Territory, notwithstanding that the person whose signature is reproduced did not hold office at the date of the notes, bonds, debentures or other securities or at the date of delivery thereof. 15.

(1) The Corporation has power to provide for the creation, man agement and application of sinking funds or other means of securing the repayment of any loan raised or notes, bonds, debentures or other securities issued by the Corporation, including the redemption by call of any such securities issued subject to redemption in advance of maturity. 16.

(1) The Corporation may, from time to time, invest all or any portion of an insurance, sinking fund or any other fund not presently required, in (

a) debentures or securities of the Government of Canada or of any of the provinces of Canada; or (

b) any debentures or securities the payment of which is guaranteed by the Commissioner, the Government of Canada, the Canada corporation or any of the provinces; and may afterwards, whenever required to meet expenditure, dispose of any of the investments in such manner, on such terms and in such amounts as may be necessary or expedient.

(2) At the date of maturity of any loan of the Corporation, such portion of the monies so set aside as the Corporation considers proper may be used for retiring the loan, in whole or in part, if any funds that e~ist in the sinking fund for that purpose are first so used. 17.

(1) The Territorial Treasurer shall, on the direction of the Com missioner and at the request of the Corporation, advance to the Corporation out of an appropriation on that behalf, such sums of money as are required for the operational and capital costs of the Corporation.

(2) At the end of the fiscal year of the Corporation, the Terri torial Treasurer on the direction of the Commissioner shall, out of an appropriation on that behalf, make a grant to the Corporation equal to the deficit as shown on the audited financial statement.

(3) The fiscal year of the Corporation shall be April 1st to March 31st in the year next following. 18.

(1) The AOditor General or his nominee shall audit the books of the Corporation from time to time and at least once every year audit the receipts and expenditures of the Corporation~ -27- Seal and signatures on securities Sinking fund Investment of reserve funds Advances and grants to Corporation Audit

Annual report Public housing projects Agreements re projects under Act Co~t sharing Operating losses lIousing Corporation Chp. 7 19.

(1) The Corporation shall annually, after the end of its fiscal year, prepare a report showing the revenues, expenditures and activities during its last fiscal year, together with (

a) an audited financial statement, and (

b) such other information as the Conmissioner may require.

(2) The Commissioner shall table a copy of the report at the next ensuing Session of the Council. HOUSING PROJECTS 20.

(1) The Corporation or a municipality and the Corporation, may undertake, carry to completion, maintain, operate, and lease or sell a public housing project.

(2) For the purposes of this section, the Corporation or a muni cipality and the Corporation, may (

a) acquire and develop land for public housing projects, (

b) construct public housing projects, (

c) acquire, improve and convert existing buildings for a public housing projert, and (

d) enter into agreements for the development or management of public housing projects~ and may exercise any other power to do any other thing that may be required to be exercised or done for the purpose of a project. ' 21.

(1) The Corpol'atioll may enter into agreements with the Canada corporation and any municipality or either of them to undertake projects of a type mentioned in

Part VI of the Act.

(2) W'ith the apPt"oval of the Commissioner, a municipality may enter into agreements with the Canada corporation and the Territory or either of them to undertake projects of a type mentioned in

Part VI of th~ Act. 22.

(1) When the Corporation enters into an agreement with the Govern ment of Canada under

section 40 of the Act, the Corporation (

a) shall pay tVJenty-five percent of the capital cost. (

b) may require the municipality to l'eimburse to the Corpora tion a percentage of the capital cost, and (

c) may; in respect of the profits and losses, share with the municipality a proportion thereof. 23.

(1) Hhen the Corporation or a municipality enters into an agreement with the Canada corporation under

section 44 of the Act, the Corporation may pay fifty percent of the annual operating losses and may require the municipality to pay a percentage thereof.

(2) The contributions shall be made for a period not exceeding the useful li re of the project as determined by the Corporation and in any case, not exceeding fifty years from the date of comp letion of the project.

(3) The ~ate of completion of the project shall mean the last day of the calendar year in which the construction or acquisition and rehabilitation of the project has in the opinion of the Corporation been substantially completed. -28-

Housing COr'poration Chp. 7 24.

(1) The Corporation may undertake senior citizen housing projects.

(2) For the purpose of this section, the Corporation may (

a) acquire, lease, assemble and develop land, (

b) design and construct senior citizen housing accommodation, (

c) acquire, lease, improve or convert existing buildings for senior citizen housing accomnodation, (

d) administer, manage and maintain se~ior citizen accom moda ti on, (

e) borrow any money required for a project, and (

f) sell, lease or dispose of any senior cit·izen accommo dation or project.

(3) The Corporation may enter into agreements I-lith non-profit organizations for (

a) the development of senior citizen housing projects, and (

b) the provision of a grant towards the total capital cost of a project.

(4) In this

section "non-profit organization" means an organization wholly O\-med by the Government of the Territory, by a municipality or any agency thereof, or an organization constituted exclusively for charitable or benevolent purposes, no part of the income of which is payable to or otherwise available for personal benefit of any proprietor, member or shareholder. 25.

(1) The Corporation may undertake and administer staff housing programs.

(2) For the purpose of this section, the Corporation may (

a) acquire, lease, assemble and develop land, (

b) design and construct staff housing units, (

c) acquire, lease, improve or convert existing buildings for staff housing purposes, (

d) administer, manage and maintain staff housing units, (

e) borrow any money required for staff housing, (

f) sell, lease or dispose of· any staff housing units, and (

g) administer a scheme of purchasing and re-purchasing houses owned by staff.

(3) In this

section "staff" means employees of the Government of the Territory or any agency thereof. 26.

(1) Where the Corporation enters into an agreement 'fIith the Government of Canada under

section 40 of the Act and with a co-operative association to undertake a co-operative housing project, the Corporation may bear not more than twenty-five per cent of the capital costs of the project on such terms as to security and payment as the Corporation considers proper.

(2) In this

section "co-operative housing project" means a housing project built by a co-operative association incorporated or registered under the lal'ls of the Territory. 27:

(1) The Corporation may borrow any funds required for the development of student housing projects. -29- Senior citizen housing projects "non-profit organization" Staff housing projects "staff" Co-operative housing projects "co-operative housing pl'oject'~ Student housing projects

Joint gunrantces Housing loans Land assembly or development projects Joint lari assembly or development projects Hunicipal borro,dng for projects Housing COl"pol"ation Chp. 7 28.

(1) I~ith the approval of the Commissioncl' and upon sllch conditions as he may pl'escribe, the Corporation and a municipality may jointly guarantee the repayment of principal and interest on all or part of a borrowing made by a person for the private develop ment of a housing project. HOUSING LOANS 29.

(1) Where, in the oplnlon of the Corporation, sufficient money is not being n1ilde available by lending insititutions or the Canada ·cOl'poration fOl' housing purposes, the Corporation (Ilay make (

a) home improvement loans, and (

b) loans for new construction or the purchase of existing housing accommodation, upon the terms and conditions prescribed by the Corporation. LAND ASSEMBLY AND DEVELOPMENT PROJECTS 30.

(1) The Corporation or th~ Corporation and a municipality, may undertal~e and carl'y to completion a land assembly project or land development project.

(2) For the purposes of this section, the Corporation or the COI'poration and a municipality, may (

a) acquire, lease, assemble, service and deve·lop land or do any of them, (

b) lease, sell or otherwise dispose of any land acquired, assembled or developed under a land assembly or land development project, and (

c) construct or acquire housing units of any form or type for lease or sale in conjunction with a land assembly project or land development project or separately therefrom. 31.

(1) The Corporation lIlay enter into an agreement with anyone or more of (

a) the Government of the Territory, (

b) the Government of Canada, (

c) the Canada corporation, and (

d) any municipality for the joint undertaking of a project under

section 30.

(2) A municipality, with the approval of the Commissioner, may enter into agreement with anyone or more of (

a) the Government of the Territory, (

b) the Government of Canada (

c) the Canada corporation, and (

d) the Corporation, for the joint undertaking of a project under ~ection 30. 32.

(1) A municipality may, by bylaw, borrow such monies as are necessary to enable it to develop and implement an approv~d project under

section 30, and to secure the monies borrowed. -30-

Housing Copporation Chp. ? URBAN RENEWAL SCHEMES 33.

(1) The Corporation or the Corporation and a municipality, may enter into agreements with (

a) the Government of the Territory (

b) the Government of Canada. and (

c) the Canada corporation or any combination of them for the preparation and implemen tation of urban renewal schemes.

(2) Before entering into any agreement for the carrying out of an urban renewal scheme, a municipality shall cause notice to be published once a week for two consecutive weeks in a newspaper circulated in the municipality preceding the presentation of the agreement to the council of the municipality and the notice shall. state (

a) the purpose of the proposed agreement and a general descrip tion of the area affected; (

b) that a copy of the proposed agreement is on file .in the office of.the clerk of the municipality and may be inspected by the public during business hours; (

c) the time and place at which the council will hold a public hearing on the proposed urban renewal scheme, which shall not be less than ten days after the last publication of the official notice; and (d). the procedure to be followed by persons who wish to submit representations concerning the proposed urban renewal scheme.

(3) The council of the municipality may, by resolution passed before the first puolication of the notice, prescribe the procedure to be followed by persons who wish to submit representations con cerning the proposed urban renewal scheme and, without restrict ing the generality of the foregoing. may (

a) require the submission of written representations to the council prior to the hearing. and (

b) regulate the presentation of oral submissions at the hearing.

(4) The council of the municipality shall hold a public hearing at the time and place stated in the notice and at that hearing shall, subject to subsection (3), hear any person who wishes to make representations concerning the manner in which any provision of the proposed agreement may affect him or any owner of land whom he represents or the public at large or any local group of of residents or property owners.

(5) The council of the municipality shall give due consideration to the recommendations. if any. of its departments or of consult ants retained by it and representations made at the pubJic hearing or submitted in writing pursuant to .paragraph (3)(

a) and make a ruling thereon. 34.

(1) A municipality may prepare and implement an urban renewal scheme approved by the Corporation for a blighted or substandard area -of the municipality. .

(2) Without restricting the powers it has under the MUnicipaL Ordin ance. a municipality, for the purposes of carrying out an approved urban renewal scheme. may (

a) acquire. clear. service and develop land within the urban renewa 1 a rea; -31- Urban renewal agreements Urban renewal in municipality

Cost sharing Municipal borrowing for urban renewal Housing Fo~poration Chp. ? (

b) demolish, remove, replace, renovate, repair and maintain buildings and other improvements owned or acquired by it. in the urban renewal area; (

c) sell, lease or otherwise alienate property in the urban renewal area; (

d) provide assistance by grant or loans to the owners of pro perty in the urban renel'lal area for the renovation or re pair of that property on such terms as to security and repayment as the municipality considers just; (

e) assist the relocation of persons dispossessed of housing accommodation by the scheme; and (

f) exercise any other power or do any act or thing that may be required to be exercised or done in order to carry out the urban renewal scheme. 35.

(1) Where the Corporation enters into an agreement with a muni cipality or the Canada corporation and a municipality, the Corporati on may pay up to fi fty per cent and may requi t'e the municipality to pay the remainder of the share that is not paid by the Canada corporation of (

a) the cost of the preparation of an urban reneloJa1 scheme, including the cost of all economic, social and engineer ing research and planning necessary therefor. and (

b) the costs of implementing an urban renewal scheme. in cluding the acquisition. clearing. demolition and dis position of lands and buildings and the installation of municipal services and works. other than publ ic build ings in the urban renewal area.

(2) Every agrec.nent entered into with a municipality under this

section sha1l provide that the municipality will pay the Corporation in the same proportion as provided for in sub section (1) of the share that is not paid to the Canada Cor poration of (

a) any monies received by the municipality from the sale, lease or other disposition of land in the urban .r.enewal area, and (

b) the value, as determined in the manner provided in· the agreement, of land in the urban renewal area retained by the municipality for public purposes. 36.

(1) A municipality may with the approval of the Commissioner. by bylaw borrow such monies as are necessary to enable it to prepare and implement an urban renewal scheme, and to secure the monies borrowed.

(2) The Commissioner may guarantee the repayment by a municipality of any money borrowed for its share of the cost of preparing and implementing an urban renewal scheme. ACQUISITION OF LAND Acquisition 37.

(1) Land may be acquired by the Corporation for any of the pur- of land poses provided by this Ordinance by purchase or otherwise and it may be acquired before it is actually needed for and in anticipation of any project or scheme mentioned in this Acquisition 38. (

l) of land by municipality Ordinance. . Land may be acquired by a municipality under sections 20. 30 and 34 by purchase or otherwise and it may be acquired before it is actually needed for and in anticipation of any project . or scheme mentioned in this Ordinance. . -32-

Housing Corporation Chp. 7 39.

(1) To relieve any emergency in housing conditions, the Corporation may erect, maintain, manage and wind up projects for temporary housing accommodation. 40.

(1) The Corporation may (

a) make grants in aid of studies into housing conditions or any matter relating to housing in the Territory. (

b) make grants and otherwise assist the house building industry in the Territory by stimulating and encouraging research, education and construction competition within the industry. GENERAL 41.

(1) The Commissioner, may by order, establish housing advisory com mittees consisting of such number of persons as he determines and prescribe their functions and duties. ·

(2) The Commissioner shall appoint the members of a housing advi sory committee to hold office during pleasure or for such term as he determines, and the members so appointed shall appoint a chairman from amongst themselves. 42.

(1) Hith respect to areas not within a municipality, the Commis sioner may exercise all the'powers given a municipality by this Ordinance. 43.

(1) Any agreement that may be entered into by the Corporation under this Ordinance may be entered into by the Commissioner. 44.

(1) The Commissioner may make such regulations and prescribe such forms as he deems necessary for carrying out the purposes and provisions of this Ordinance. 45.

(1) This Ordinance shall come into force on a day to be fixed by the Commissioner. N.B. C.O. 1972/135 - comes into force on June 14, 1972. Housing advisory committees Improvement districts and special areas Agreements Regulations Coming into force June 14. 1972 is fired as the coming-in to-force date by C.O. 1972/135. -33-

Short title

CHAPTER 8 ORDINANCES OF THE YUKON TERRITORY 1972' (First Session) LANDS ORDINANCE (Assented to March 30, 1972) 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. This Ordinance may be cited as, the Lands Ordinance.

INTERPRETATION 2 (

l) In this Ordinance

Definitions • "applicant" "applicant" means an individual or corporation who has made an application; "application" "application" means an application to purchase or lease Yukon lands or to obtain a right-of-way or easement with respect to such lands; "corporation" "corporation" means a corporation incorporated or registered in'the Territory and includes a society incorporated under the Societies Ordinance; "disposition" "disposition" means a sale or lease of Yukon lands or a grant of right-of-way or easement with respect to such lands; "notification" "notification" means a direction ,issued to a registrar of land titles directing him to issue a certificate of title to a person named in the direction in respect of Yukon lands des cribed therein; "reserved lands" "Yukon lands" Application Operation of Federal Statutes "res'erved lands" means Yukon lands that have been withdrawn from disposition; "Yukon lands" means properties to which this Ordinance applies.

APPLICATION 3.

(1) This Ordinance applies with respect to all properties in the Territory that are vested in Her Majesty in right of Canada but the right to the beneficial use or to the proceeds of which is appropriated to the Territory and is subject to the control of the Commissioner-in-Council. (2)Nothing in this Ordinance shall be construed as limiting the operation of the Yukon Quartz Mining Act. the Yukon PLacer Mining Act or the Dominion Water Power Act and every disposi tion of Yukon lands is subject to the provisions of sections 5, 8 to 12 and paragraph 19(

j) of the Territorial Lands Act. -34-

Lands DISPOSITION OF YUKON LANDS 4.

(1) Subject to this Ordinance and the regulations. the Commis sioner may (

a) sell or .lease Yukon lands. or (

b) grant a right-of-way or easement with respect to Yukon lands. to any individual who has attained the full age of nineteen years or to any corporation.

(2) The Commissioner may dispose of Yukon lands only after Chp. 8 (

a) he has received an application with respect to such lands. or (

b) tenders for such lands have been called for by public notice. 5.

(1) Where the Commissioner intends to sell Yukon lands.' he may enter into an agreement for sale of those lands with the proposed purchaser, which agreement shall contain such terms and conditions as the Commissioner deems appropriate. 6.

(1) The Commissioner may not transfer Yukon lands to a purchaser or issue a notification directing tha~ a certificate of title be issued to a purchaser with respect to such lands unless (

a) th'e purchaser (

i) has paid the amount of the purchase price of the lands together with the amount of all interest and oU,er money requi red to be paid by him under thi s . Ordinance; or . (ii) satisfies the Commissioner that the purchaser re quires a transfer of or certificate of title to the lands for the purpose of obtaining the amount of the purchase price and provides the Commissioner with such security as the Commissioner may require to guarantee payment of the purchase price. (

b) has complied with all terms and conditions relating to the proposed disposition; and (

c) has paid the amount of the prescribed fee.

(2) Where a deceased purchaser or his executor or administrator has paid the amounts referred to in paragraphs (l)(

a) and (c). and the terms and conditions relating to the proposed disposition have been complied with. the Commissioner may transfer the lands to the executor or administrator or issue a notification direct ing that a certificate of title be issued to the executor or administrator. ' 7.

(1) Subject to subseCtion (2). no person may acquire any interest in or with respect to any Yukon lands until the transfer. noti fication. lease. or grant of right-of-way or easement in respect of such lands is executed by such person and in such manner as is prescribed and no person seeking a disposition of Yukon lands has any cause of action with respect to any negotiations. arrange ments or agreements carried on or entered into by the Commissioner or on his behalf with respect to Yukon lands prior to such exe cution.

(2) Where a person has entered into an agreement for sale with the Commissioner with respect to Yukon .lands and has complied with the terms and conditions of the agreement and with the provisions of this Ordinance and the regulations. he is entitled to a trans fer of those lands." -35- Disposition by CODDDissioner When disposition may be made Agreement for sale Transfer of lands to purchaser Where purchaser deceased No interest or claim in or with respect to Yukon lands prior to execution to documents Interest in agreement for sale

Withdrawal from disposition Revocation 'of order of withdrawal Application for disposition Documents to accompany application Lands Chp. 8 WITHDRAWAL FROM DISPOSITION 8.

(1) Where the Commissioner considers it advisable in the public interest, he may, by order (

a) withdraw any Yukon lands from disposition under this Ordinancei or (

b) designate the most desirable use of any Yukon lands and withdraw such lands from disposition under this Ordi~ance ,for any purpose other than the use so designated.

(2) The Commissioner may revoke or amend any order made by him pursuant to subsection (1) but where an application is made with respect to any reserved lands, a disposition of or with respect to those lands may, for a period of not less than 9. (1) (2) one year after the application is made, be made only after tenders for such lands have been called for by public notice, unless the applicant required the lands for a use deSignated in the order.

APPLICATION FOR DISPOSITION Where an individual or corporation wishes to purchase or lease the lands or obtain a right-of-way or easement with respect to Yukon lands and those lands are not the subject matter of a call for tenders, that individual or corporation may make an appli cation to the Commissioner (

a) specifying whether the individual or corporation'seeks to purchase, lease or obtain a right-of-way or easementi Cb) describing the location of the lands with respect to which the disposition is sought; and (

c) specifying the purpose for which the lands are to be used. Every application made pursuant to subsection (1) shall be ac companied by such evidence as is prescribed to show that the applicant is eligible to obtain a disposition of Yukon lands and, where a survey of those lands exists, by a copy of such survey. 10.

(1) The Commissioner shall refuse an application to purchase or lease Yukon lands Application for reserved lands to be refused Where notice to former applicant Where para graph (l)(

b) does Dot apply (

a) where the applicant fails. or is unable or unwilling. to comply with any applicable provision of a statute of the Parliament of Canada, an Ordinance or a regulation made under any such statute or Ordinance; (

b) where the lands with respect to which the application is made are reserved lands; or (

c) where the purpose for which the lands are to be used is not in the public interest.

(2) Where the Commissioner, within a period of one year after an application is made, revokes or amends the order whereby those lands were made reserved lands and proceeds to call for tenders with respect to such lands. he shall, in such manner as is pres cribed, notify the applicant accordingly.

(3) Where an application is made with respect to reserved lands, the most desirable use of which has been designated by the Commissioner, paragraph (l)(

b) does not apply if the lands are to be used for designated purposes. -36-

Lands Chp. 8 CALL FOR TENDERS 11.

(1) Where any Yukon lands are to be disposed of by the Commis sioner after tenders for such lands have been called, the call for tenders shall be published and posted in such manner and at such times as are prescribed.

(2) A call . referred to in subsection (1) shall specify (

a) the time after which tenders will not be received, (

b) whether a sale or lease of the lands will be made, (

c) any special terms or conditions subject to which the disposition is to be made, and (

d) such other information as the Commissioner deems ad visable. 12.

(1) Where the Commissioner disposes of Yukon lands under this Or dinance he may make the disposition subject to any terms and conditions he deems advisable. APPRAISAL OF LANDS 13.

(1) The Commissioner, before making a disposition, shall obtain an appraisal of the value of the lands made by an appraiser designated by him. 14.(1)

(2) Subject to subsections (2) and (3), no Yukon lands may be sold to any person for an amount less than the appraised value there of and no lease of Yukon lands may be granted to any person at a yearly rental of less than ten percent of the appraised value. The Commissioner may dispose of Yukon lands subject to such terms and conditions as he deems appropriate where the lands are to be used solely for a specified public purpose, in which case the lands may be disposed of for such amount of money, if any, as the Commissioner deems appropriate.

(3) The Commissioner may dispose of Yukon lands (

a) by exchanging such lands for other lands of substantially the same va1uei or (

b) by exchanging such lands for other lands of lesser value and obtaining payment of an amount of money equal to the difference in value between those Yukon lands and other lands. (4) Subsection (1) and subsection 4(2) do not apply with respect to any disposition of the beneficial use of Yukon lands to Her Majesty in right of Canada. 15.

(1) Where Yukon lands have been offered for sale or lease by a call for tenders and, (

a) in the case of a proposed sale, no offer equal to or greater than the appraised value has been made, or (

b) in the case.of the proposed lease, no offer of a yearly ren tal equal to or greater than ten percent of the appraised value has been made, the Commissioner shall obtain a reappraisal of the value of . the lands and may thereafter sell the lands after a call for tenders for an amount equal to or greater than the reappraised value or lease the lands at a yearly rental equal to or great er than ten percent of the reappraised value. -37- Notice of call for tenders Information to be contained in notice Terms and conditions of disposition Appraisal of lands Remuneration to be obtained Disposal for public purpose Disposal by exchange of lands Where sub section (1) and subsec tion 4(2) do not apply Reappraisal of lands

Sale or lease to highest bidder 'L<iiu1e Chp. 8 16.

(1) Where lands are offered for sale or lease by a call for tenders. they shall. subject to sections 14 and 15 be sold or leased" to the highest bidder if the lands are to be used for a pur pose that. in the opinion of the Commissioner is not contrary to the public interest and that bidder is able and willing to meet the requirements of this Ordinance and the regulations. LEASES. RIGHTS-Of-WAY AND EASEMENTS 17.

(1) No Yukon lands may be leased for a term exceeding thirty years Term of but where the terms of the lease so provide. a lease of Yukon lease and lands may. at the option of the lessee, with the approval of renewal the Commissioner be renewed for one additional term not exceeding thereof thirty years.

(2) Where any lease of Yukon lands is to be renewed. the Commissioner Rental for shall obtain an appraisal of the value of those lands and the renewal yearly rental for the renewed term of the lease shall be not less term of than ten percent of the appraised value. lease Rent payable yearly in advance Option to purchase 18.

(1) The amount of any rental payable under a lease. or a renewal thereof. shall be paid yearly in advance. 19.

(1) A lease of Yukon lands may contain a provision whereby the lessee has an option to purchase the lands. 20

(1) A lessee may. with the approval of the Commissioner. assign his Assignment . lease if of lease Lease for specified grazing purposes Term of right-of way and easement Notice of default (

a) at the time of assignment, he has paid all the rent then owing under thE: 1 ease and taxes then owi ng wi th respect to the 1 ands. and (

b) he files with the Commissioner a properly executed unconditional "assignment of the lease in duplicate together with the prescribed fee. 21.

(1) Where a lease of Yukon lands specifies that the lands are to be used for any purpose, it shall be deemed to be a conditlon of the lease that the lessee shall not use or allow any other person to use"those lands for any other purpose. 22.

(1) No grant of the right-of-way or easement with respect to Yukon lands may be made for a term exceeding thirty years but any such right-of way or ease~ent may be renewed, at the option of the holder of the right-of-way or easement, for two additional terms not exceeding thirty years each. CANCELLATION AND ABANDONMENT OF DISPOSITIONS 23.

(1) Where a person who has obtained an agreement for sale or a disposition (

a) defaults in payment of any amount of money payable under the terms thereof, or (

b) fails or neglects to observe or perform any convenant, term or condition set out in the agreement or the dispOSition, " the Commissioner may cause a notice to be sent by registered mail, addressed to that person at his last known address, requiring him " (

c) to pay the amount of money due under the terms of the agreement or disposition, " "-38-

-, Lands Chp. 8 (

d) to comply with the covenants, terms or conditions set out in the agreement or disposition, or (

e) to pay the amount of money so due and to comply with such covenants, terms and conditions, within ninety days after the date the notice is mailed.

(2) Where any default, failure or neglect referred to in subsec tion (1) continues for more than ninety days after the date the notice referred to in subsection (1) is mailed, the Com missioner may cancel the agreement or disposition.

(3) Where a person described in subsection (1) has commenced to construct a permanent residence on the lands that are the subject matter of the agreement for sale or disposition and is residing in that residence, the Commissioner may in accor- dance with the regulations, allow that person such period of time, not exceeding one year after the date the notice referred to in subsection (1) is mailed, to remedy the default, failure or neglect specified in the notice, in which case the Commissioner may cancel the agreement or disposition only if the default, failure or neglect continues after that period of time has expired.

(4) Where the Commissioner cancels an agreement for sale or dis position pursuant" to subsection (2) (

a) the person who was a party to that agreement or the holder of that disposition and all persons claiming through or under him cease to have any right or interest in those lands and any improvements thereto; and (

b) the lands and any amount of money paid on account of the agreement or disposition are thereupon forfeited to the Commi ss·j oner. 24.

(1) Where in respect of an agreement for sale or disposition made under this Ordinance, it is brought to the attention of the Commissioner that (

a) a clerical error \'Ias made respecting the name or descrip tion of a person who is a party to the agreement or of the person to· whom the disposition was made, the descrip tion of the lands, or any other material part of the agreement or disposition, (

b) the lands were not available for disposition, (

c) the survey of those lands is incorrect, or (

d) the information furnished by the person who is a party to the agreement or by the holder of the disposition was incorrect, the Commissioner may, where he considers it advisable, cancel the agreement or disposition or make whatever changes or adjustments he deems appropriate. (2) ~Jhere the Commissioner cancels an agreement or disposition pur suant to subsection (1), he may (

a) repay to the person who was a party to the agreement or to the holder of the disposition the \'ihole or any part of the amount of money paid in respect of the agreement or disposi tion or expended as a result thereof. and (

b) pay to the person referred to in paragraph (

a) whatever com~ pensation the Commissioner considers appropriate in the . circumstances. 25.

(1) A person may abandon·a disposition of Yukon lands with the writ ten approval of the Commissioner and subject to such terms and conditions as the Commissioner may determine. -39- Where failure to comply with notice Where extension of time allowed· Forfeiture where cancellation Where error respecting· disposition Where cancellation Abandonment

Lands Chp. 8 Effect of abandonment

(2) Where a disposition of Yukon lands is abandoned pursuant to subsection (l)~ the right to the beneficial use or to the proceeds of such lands is re-appropriated to the Territory. Unauthor ized use Yukon Lands Service of notice UNAUTHORIZED USE OF YUKON LANDS 26.

(1) Where a person uses or occupies Yukon lands without lawful authority, the Commissioner may serve that person with a notice requiring him (a} to cease forthwith the unauthorized use or occupation; and (

b) to restore the lands to a condition satisfactory to the Commissioner or to pay the costs of having the lands so restored.

(2) A notice referred to in subsection (1) may be served by per sonal service, by registered mail, or, if the identity of the person who is using or occupying the lands is unknown, by posting it in a conspicuous place on the lands. 27.

(1) Payment regarding unauthorized use or The Commissioner may require any person who has used or oc cupied Yukon lands without lawful authority to pay for the unauthorized use or occupation such amount of money as the Commissioner considers just and reasonable in the circumstances. occupation 28.

(1) Any machinery, equipment, materials, goods or chattels found Seizure of upon Yukon lands that are used or occupied by any person without articles lawful authority may be seized by the Commissioner. Disposal of

(2) Any-article seized by the Commissioner pursuant to subsection seized (1) may be removed from the place where it is found and may articles be sold, rented or destroyed as the Commissioner deems appro priate. Offence and penalty 29.

(1) Every person who fails to comply with a notice served on him pursuant to

section 26 requiring him to cease forthwith the unauthorized use or occupation of Yukon lands commits an offence and is liable on

summary conviction to a fine not exceeding two hundred fifty dollars or to imprisonment for a term not exceeding three months, or to both fine and imprisonment. GENERAL 30.

(1) Where any contract or aqreement for the sale of. Yukon lands. is Interest entered into or any lease-or"other disposition"is made and interest is payable under the terms thereof. the rate of interest shall be five percent per annum-or such higher rate as is prescribed. Recovery 31.

(1) All money payable under this Ordinance is payable to the Terri of money torial Treasurer and may be recovered as a debt due to the Com missioner. Right of land Permits 32.

(1) Any member or employee of the Government of the Territory may, in the discharge of his duties under this Ordinance, enter upon any Yukon land in the Territory at any reasonable time. 33.

(1) Notwit~standing any other provision of this Ordinance. the Com missioller may, in accordance with the regulations. issue quarrying or timber permits. -40-

Lcouls Chp. 8 34.

(1) The Commissioner may make such regulations and prescribe such forms as he deems necessary for carrying out the purposes and provisions of this Ordinance. 35.

(1) This Ordinance will come into force on a day to be fixed by the Commissioner. February 13, 1973 is fixed as the aoming-into-forae date by C.O. 1973/S7. -41- Regulations Coming into force

Short .title

CHAPTER ·9 ORDINANCES OF THE YUKON TERRITORY 1972 (First Session) MEDIATION BOARD ORDINANCE (Assented to March 30, 1972) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: . 1. This Ordinance may be cited as the Mediation Board Opdinance.

Definitions2.

(1) In this Ordinance "Board" "collector or collector of taxes". "debtor" "Registrar" "taxing authority" "Board" means the Mediation Board appointed under the authority of this Ordinance; "collector or collector of taxes" means (

a) in respect of areas not within a municipality, the Terri torial Treasurer; (

b) in respect of a municipality, the treasurer of the muni cipal ity; "debtor" means a person, partnership or body corporate other than a municipal corporation; "Regi strar" means the Regi strar of Land Tit1 es for the Yukon land registration district; "taxing authority" means (

a) in respect of real property outside of a municipality, the Commissioner; (

b) in respect of real property in the municipality, the council of the municipality. Board 3.

(1) There shall be a Board, to be called the Mediation Board, con sisting of one or more members as may be determined by the Commissioner.

(2) The Commissioner shall appoint the member or members of the Board and specify the number of members that shall .constitute a quorum.

(3) Each member shall hold office during pleasure, shall receive such remuneration as is approved by the Commissioner and shall perform such duties, in addition to the duties assigned by this Ordinance, as may be prescribed.

(4) Vacancies caused by death, resignation or otherwise may be filled by the Commissioner, but a vacancy shall not impair the power of the remaining members or member to act, and in any such case, the . signature of one member shall be sufficient.

(5) In the absence of a member of the Board, or his inability to act, or in the case of a vacancy in the office, the remaining members or member shall exercise the powers of the Board.

(6) The Commissioner shall designate one of the members of the Board to be Chairman and if there is only one member, he shall be deemed to be Chairman.

(7) In the absence of the Chairman, all orders, rules, regulations and other documents may be signed by any member, and when so signed, shall have the like effect as if Signed by the Chairman. -42-·

t ': Mea~at~on ~oara Chp. 8

(8) When it appears that a member other than the Chairman has acted for and in the place of the Chairman, it shall be conclusively presumed that he has so acted in the absence or disability of the Chairman.

(9) If there is only one member of the Board, the Commissioner may appoint some person to take the place of that member when absent for any cause, and the person so appointed shall, while acting, possess all the powers, exercise all the functions and perform all the duties of the Board, and subsection (7) applies to him accordingly. 4.

(1) The Board shall perform such duties as may be assigned to it by the Commissioner. 5.

(1) The Commissioner may appoint such person or persons to act at such places in the Territory as he deems advisable for the pur pose of facilitating the administration of this Ordinance and may confer upon persons so appointed, and upon any member or members of the Board, such powers as he deems expedient, includ ing power to make orders that the Board is authorized to make.

(2) All orders made pursuant to such powers by any appointee or ap pointees pursuant to subsection (1) or by any member or members of the Board whether acting alone or with any other person or persons, shall have the same force and effect as if made by the Board. 6.

(1) No proceedings shall be taken to obtain title to land under sub sections 106(4) to 106(10) of the Taxation Ordinance, except with the prior written consent of the Board given after the expiration of the period of six months mentioned in the said subsection (4). Duties Delegation of pow~rs Consent of Board required furt~ proceedings

(2) Where, after the Board has under subsection (1) consented to the and effect taking of proceedings in respect of the land described in the con- of contents, sent, the Board makes an order under subsection 9(1) prohibiting on certain the making or continuation of final application for title to the orders land and a memorandum of the order is pursuant to

section 10 made on the certificate of title to the land, no proceedings respect- ing final application for title to the land, shall be taken or continued except with the further written consent of the Board. 7.

(1) The Board may, as a condition precedent to giving its consent under subsection 6(1) or 6(2), require that the taxing authority which has requested the consent enter into an agreement for sale, lease option agreement or other agreement with the assessed owner of the land, or with any person designated by the Board who has a legal or equitable interest in the land, such agreement to be on terms approved by the Board and to take effect upon the issue of a certificate of title to the authority under SUbsection 106(4) of the Taxation Ordinance. '

(2) Where an agreement approved by the Board is entered into pursuant to a requirement of the Board under SUbsection (1), the taxing au thority shall not, in respect of the land affected by the agreement thereafter be bound by the restrictive provisions of

section 114 of the Taxation Ordinance. 8.

(1) Where the Board has given its consent under SUbsection 6(1) or 6(2) without requiring the taxing authority to enter into an ag-' reement under

section 7, the Board may at the request of the tax ing authority, by order made either before or after a certificate of title to the land affected by the consent is issued under sub

section 106(4) of the Taxation Ordinance, relieve the taxing au thority in respect of that land. from the restrictive provisions of

section 114 of the 'Taxation Ordinance on the condition that the -43- Power 'to impose conditions on municip ality Power to relieve municipality from pro visions of Taxation Ordinance

Mediation Board Chp. 9 .~-- . taxing authority will enter into an agreement for sale, lease option agreement or other agreement, on terms approved by the Board. with the assessed owner of the land, or with the persOn who was the assessed owner immediately before the issue of the certificate of title, or with any other person named in the order who then has, or who immediately before the issue of the certificate of title had, a legal or equitable interest in the land. Power to postpone final ap plication for title· 9.

(1) The Board may from time to time. of its own motion or upon the request of a person entitled under

section 98 or 99 of the Taxa tion OPdinance to redeem land. by order prohibit the making or continuation of final application for title to the land until after a date to be stated 1n the order.

(2) Recording 10. (1) of consents under sec- tion 6 and orders under

section 9 Effect of 11. (1) consents under sec- tion 6 and certain orders of Board Where a request is made by a person entitled to redeem land for an order under sUbsection (1), the Board may. as a condition precedent to making the order. require payment by that person to the collector of such portion of the amount required to re deem the land as the Board deems proper.

Immediately after a consent is given under subsection 6(1) or 6(2) or an order is made under subsection '9(1), the Bo~rd shall cause a copy of the consent or order to be forwarded to the Re gistrar and upon receipt thereof the Registrar shall make a me morandum of the consent or order upon the certificate of title to the land affected. Where a consent is given under subse~tion 6(1) 'or 6(2) and there is then in force an order made under

section 9 that applies to the land described in the consent. that order shall, insofar as it applies to ,the land described in the consent, be deemed to have been rescinded. 12.

(1) The Board may make such inqulrles as it deems necessary with res- Inquiries pect to any matter within its jurisdiction under this Ordinance or any other ordinance and for the purpose of conducting an in quiry, the Board shall have all the powers of a judge of the Court. 13.

(1) Proof that any letter or package containing any document was sent Evidence by registered mail by the Board or a person appointed under

section 5 and,the time of sending and of the time required for delivery in the :ordinillY course of post is evidence of the fact and time of receipt of ',the 'letter-or package by the person to whom it was addressed. Documents 14.

(1) All documents purporting to be issued by the Board or a person ap 8S evidence . 15. (

l) Non-liability for bona fide acts pointed under

section 5, pursuant to the Ordinance. shall be re ceived in evidence and shall be deemed to have been so issued unless the contrary is shown . Neither the Board nor a member of the Board nor a person appointed under

section 5 nor a person acting under its or his instructions. or under the authority of this Ordinance or any regulations there under. shall be personally liable for any loss or damage suffered by any person by reason of any thing in good faith done. or omitted to be done. pursuant to or in the exercise or supposed exercise of the powers conferred by this Ordinance or such regulations. 16.

(1) Except as provided by

section 15, any member of the Board or person Interest appointed under

section 5 who or whose wife or minor child is inter ested in any property and who fail s to declare that interest to the Board at the time when the property first becomes subject to the jurisdiction of the Board or when that interest becomes known to him, whichever is the earlier. commits an offence and is liable upon -44- .: :... J ' •• ~-.

Mediation Board Chp. 9

summary conviction to a fine not exceeding one thousand dollars and in default of payment, to a term of imprisonment not exce eding six months or to both fine and imprisonment, and forfeits any innnunity pursuant to secti on. 15. . 17.

(1) If a person makes wilful default in complying with an order, dir- . Penalty ection or condition made, given or imposed by the Board under the authority of this Ordinance or any other Ordinance or by a person appointed under

section 5 or violates any of the provisions of this Ordinance or the regulations, he is guilty of an offence and liable on

summary conviction to a fine not exceeding two hundred and fifty dollars and in default of payment, to a term of imprisonment not exceeding three months or to both fine and imprisonment. 18.

(1) The Commissioner may make such regulations and prescribe such forms Regulations as he deems necessary for carrying out the purposes and provisions 19. of this Ordinance. This Ordinance shall come into force on a day to be fixed by the COlTll\issioner. November 1, 1972 is fixed aB the coming-into-force date by c.o. 1972/141. -45- Coming into force

Short t1~le

CHAPTER 10 ORDINANCES OF THE YUKON TERRITORY 1972 (First Session) MUNICIPAL ORDINANCE (Assented to March 30, 1972) 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. This Ordinance may be cited as the Municipal Ordinance

INTERPRETATION '. ." . 2.

(1) In this Ordinance

Definitions "administrator" "administrator" means a person appointed as administrator; "alderman" "alderman" means a member of a council elected as an alder man; "assessor" "city" "clerk" "council" "elector" "fiscal year" "manager" "mayor" "municipal' district" "municipality" "occupief" "owner" "assessor" means the assessor appointed by the Corrmissioner pursuant to the Taxation Ordinance; "city" means any city establi shed as a city under this Ordinance; "clerk" means a clerk of a municipality; "counci 1" means the council of a muni ci pa 1 ity; "elector" means an elector as defined in the Municipal Elec tions Ordinance; "fiscal year" 'when used with respect to the government of a municipality means calendar year; "highway" includes a street, road, lane, bridge, viaduct and any other way open to use by the public and all road allow ances made therefor but does not include a private right-of way or the high~/ays excluded by an order made pursuant to

section 91; "manager" means a person appointed as chief administrative officer of a municipality pursuant to

section 43; "mayor" means the mayor of a city, town, village or municipal district; "municipal district" means a municipal district established under this Ordinance; "municipality" means any part of the Territory established as a city, town, village or municipal district under this Ord inance; "occupier" means an occupier of land and includes the resident occupier of land or, if there is no resident occupier, the person entitled to the possession thereof, a leaseholder and ·a person having or enjoying in any way for any purpose what soever the use of the land otherwise than as owner, whether or not the land or part thereof is an unsurveyed area, and also includes a squatter; "owner" means an owner of real property and includes a person having any right, title, estate or interest in real property other than that of an occupier or mortgagee; -46-

· Municipal. Chp. 10 "real property" means land and all buildings, fixtures, machin ery, structures, and things erected upon or under or affixed thereto; "regulating" includes authorizing, controlling, inspecting, li miting and restricting; "taxes" means taxes imposed by this Ordinance and the Taxation Ordinance and includes any interest or penalties payable in respect of unpaid taxes and also includes any service charges imposed in respect of .local improvements on property by this Ordinance or the Taxation Ordinance and any interest, or penalties payable in respect of them; "taxpayer" means a person qualified to vote on a money bylaw pursuant to

section 6 of the Municipal. El.ections Ordinance; "town" means any town established as a town under this Ordinance; "trailer" or "mobile home" means (

a) a vehicle, whether equipped with wheels or not and whe ther self-propelled or not, that is used or designed as a dwell ing or for other use; (

b) any structure whether ordinarily equipped with wheels or not, that is constructed or manufactured to be moved from one point to another by being towed or carried and to provide living accommodation or other usei . "trailer park" means land, used or maintained as a place where persons other than the owner of the land, may place, locate, keep or maintain a trailer used for the liviny, sleeping, or eating accommodation, or other use, whether or not a fee is paid or made for the rental or use thereof, and includes an auto camp and mobile home park; "village" means any part of the Territory established as a vil lage under this Ordinance. 3.

(1) Words in this or any other Ordinance, or in any regulation passed under any Ordinance, or in any bylaw or resolution of a council directing or empowering any officer of the municipality to do any act or thing, or otherwise applying to him by his name or office, shall include his successors in such office and his lawful deputy, and such person as the council may from time to time by bylaw or resolution designate to act in his place.

PART I INCORPORATION 4.

(1) Every city, town, village or municipal district heretofore created "real property" "regulating" "taxes" "taxpayer" "town" "trailer" or "mobile home" "trailer park" "village" or hereafter created or established in the Yukon Territory shall Incorporation be a municipal corporation under the name of title (

a) in the case of cities, "The City of ___________ 11 (

b) in the case of towns, "The Town of ____________ 11 (

c) in the case of villages, "The Village of _________ ' 11 (

d) in the case of municipal districts. "The Municipal District of 11 5.(l} The Corporation of the City of Dawson is continued and its boun daries are those set out in

Schedule I.

(2) The Corporation of the City of l~hitehorse 1S continued and its boundaries are those set out in

Schedule 11. (3~ The Corporation of the Village of Faro is continued and its boun daries are those set out in

Schedule Ill. -47-

Proposal to establish municipal ities 6. (1) (2) (3) (4) (5) (6) (l) (B) (9 ) (10 ) 7.

(1) Establishment of municipal ities Where it appears to the Commissioner that the population in any area and the assessed value of property in that area meet with the requirements of 'section 8 he may, subject to the provisions of this Ordinance, make a proposal for the establishment of a municipality in that area. Within one month from the making of the proposal order, the Commissioner shall give public notice in a newspaper . circulating in the area proposed to be established as a municipality of . (

a) the area proposed to be included in the municipality; (

b) the estimated or actual population of the area; (c) . the estimated assessment of property in the area; (

d) the estimated mill rate which will be required to be established in order to meet the commitments of the proposed municipality in each of the first two years following its establishment; and (

e) how the residents of the area may appeal against the proposal order, and cause a copy of the notice to be posted in four conspicuous places in the area. A notice of appeal pursuant to this

section must be signed by not less than twenty-five residents of the area proposed to be established as a municipality who would be entitled to vote if a municipality I'/as established in the area and serve on the Commissioner within sixty days from the publication of the notice mentioned in subsection (2). Where the Commissioner receives an appeal pursuant to this section, he shall fix a time and place within the area for the holding of an inquiry and shall appoint a person to hold the inquiry.

No member of the federal public service or the public service of the Territory shall be eligible to be appointed to hold the inquiry mentioned in subsection (4). The person appointed to hold the inquiry pursuant to subsection (4) shall hold the inquiry at the time and place fixed by the Commissioner and shall hear any evidence and receive any submissions made supporting or objecting to the proposal contained in the order. .

Where it appears to the person holding the inquiry that a substantial number of the residents of the area are opposed to the establishment of a municipality or are opposed to the terms upon \"hich it is to be established, the person may ascertain the wishes of the inhabitants in the matter in a suitable manner. The person holding the inquiry has the power to summon witnesses, administer oaths and for the purpose of holding the i nqui ry, has a 11 the powers of a judge of the Court.

As soon as may be after the conclusion of the inquiry, the person shall prepare and furnish to the Commissioner a report on the inquiry and may make recommendations concerning the establishment of a municipality in the area. Upon receiving the report of the person holding the inquiry, the Commissioner shall consider the report and shc:;l1 amend or cancel the proposal or establish the municipality. The order of the Commissioner establishing the municipality sha 11 speci fy (

a) the name, boundaries, area, and class of municipality; (

b) the qualifications required for membership on the first council to be elected and the qualifications required of the vo~ers at the .. first election; (

c) the time and manner of electing the first council; (

d) the respective terms for which members of the council shall be elected at the first election; -48-

MunicipaZ Chp. 10 (

e) the returning officer,. or the provlslons for the appointment of a returning officer, ·at the first election; and may specify (

f) the polling place or places at the first election; (

g) that the returning officer shall determine the day, time and place of the first meeting of the first council; (

h) the sum which may be borrowed to meet the current lawful ex penditure of the municipal ity in the year of incorporation, and for the year next following, if deemed expedient; (

i) the dates which may be observed initially, and once only, in place of statutory dates; . (

j) such other provisions and conditions as the Commissioner may deem necessary.

(2) The order shall be published in two· issues not less than one we~k apart in a newspaper circulating in the area. 8.

(1) The type of municipality to be established shall be in accordance with the following table: Estimated Population Assessment over $ 1,000,000 Type of Municipality over 300 500 to 2,500 2,500 and over over 2,000,000 over 10,000,000 Vi 11 age or Municipal District Town City 9.

(1) Where it appears to the Commissioner that the population of a muni cipality has increased or decreased more than twenty percent from the figures enumerated in

section 8, he may make an order changing the status of the municipality from its former status to the approp riate status.

(2) Where prior to the making of the order mentioned in subsection (1), the council of the municipality has so requested, the Commissioner may permit the municipality to retain as part of its name the former name. 10.

(1) Subject to this Ordinance, the Commissioner may, upon receipt of a petition from the council of a municipality, issue a proclama tion altering the boundaries of that municipality, inc

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1972
Type	statute
Volume / chapter	1972
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	a1e1d65810d77e00e5db1e16f3d1caaa1a7b4930

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