ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1967 FIRST SESSION J. SMITH COMMISSIONER Printed and Published for the Government of Yukon Territory under Authority of Chaptar 93 0' tha Consolldatad Ordlnancas of 1958 BY H. J. TAYLOR. Quaen'. Printer

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1967 FIRST SESSION

INDEX 1967 (FIRST SESSION) Chap. Name Page 1. An Ordinance Respecting Cemeteries and Burial Sites ........ 1 2. An Ordinance Respecting the Installation of Electrical Equipment and Wiring ................................................. _ ... _............ 4 3. An Ordinance 'Respecting the Public Service of the Yukon Territory ............................................................................................ 10 4. An Ordinance Respeeting Hairdressers .................................... 25 5.

An Ordinance to Provide for the Making of Grants to University and Vocational Students .. _ .................. _................ 29 6. An Ordinance ,to promote the Improvement of Housing and Living Conditions in the Yukon Territory .................. _........ 32 7. An Ordinance to Amend the Societies Ordinance ............. _..... 41 8. An Ordinance to Amend the Co·operative As'sociations Ordinance .......................................... _................................................ 42 9.

An Ordinance to Amend the Financial Administration Ordinance _._ ..... _ ...................... _ ................ __ ._. __ ........ _.............. 43 10. An Ordinance to Amend the Taxati'On Ordinance ................. _ 44 11. An Ordinance to Amend the Game Ordinance .............. _ .... __ 45 12. An Ordinance ,to Amend the School Ordinance ........................ 59 13. An Ordinance to Amend the Yukon Housing Ordinance ...... _ 60 14. An Ordinance to Amend the Low Cost Housing Ordinance .... 61 15. 16. 17. 18. 19.

An Ordinance to Amend the Insurance Ordinance An Ordinance to Amend the Municipal Ordinance An Ordinance to Amend the Taxation Ordinance An Ordinance to Amend the Loan Agreement Ordinance .... An Ordinance Respecting a Financial Agreement between the Government 'of the Yukon Territory and the Government of Canada ._ ... _ .......................................... _ ....................................... .

APPENDIX Table of Public Ordinances of the Yukon Territory 1958 to 1967 (1st) Showing all the chapters of Revised Ordinances 1958 with 62 83 88 92 93 amendments thereto up to and including 1967 (1st) ..... ___ . 98

CEMETERIES AND BURIAL SITES

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE RESPECTING CEMETERIES AND BURIAL SITES (Assented to May 19th, 1967) 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. CHAP. 1 1. This Ordinance may be cited as the Cemeteries Short and Burial Sites Ordinance. title, 2. 3.

INTERPRETATION. In this Ordinance, (a) "burial site"· means the location of any human grave or graves, tomb, burial mound or other burial place not situated within a cemetery; and De/lnl&lonl, "Burial site ll , (b) "cemetery" means a defined area of land "Cemetery", that is set aside for the burial of human bodies. PROHIBITIONS. No person shall (

a) wilfully destroy, mutilate, deface, injure or remove (

i) any tomb, monument, marker, grave­ stone or other structure placed in a cemetery, or (ii) any fence, railing or other work erected for the protection or ornament of a cemetery; (

b) wilfully destroy, cut, break or injure any tree, shrub or plant in a cemetery; (

c) play any game or sport in a cemetery; 1 Prohibitions respecting cemeteries,

CHAP~ 1 No disturbance of burial .ites. ProhibitioDs. No markers to be erected OD burial sites. Permit to care for burial site. Revocation of permit. Report by permit holder. CEMETERIES AND BURIAL SITES (

d) except at a military funeral, discharge fire­ arms in a cemetery; (

e) wilfully disturb persons assembled for the burial of a body in a cemetery; or (

f) commit a nuisance in a cemetery. 4. No person, without the written permission of the Commissioner, shall (

a) excavate or investigate a burial site; (

b) remove from or disturb a body in a burial site; or (

c) remove or disturb a marker, monument or fence in connection with such site. 5. No person shall deposit garbage, rubble, brush, ashes or refuse within a distance of three hundred feet of a burial site. 6. No person shall, without the written permission of the Commissioner, erect any marker, monument, sign or notice on any burial site unless he is (

a) a relative of a person whose body is buried therein; or (

b) a member of the Royal Canadian Mounted Police engaged in marking or protecting such site in the course of his duties. PERMITS. 7.

(1) The Commissioner may grant a permit to any person authorizing him to care for, ornament and protect a burial site, but such a permit does not entitle that person to demand from the Territory or any person remuneration for services performed.

(2) The Commissioner may revoke any permit grant­ ed under subsection (1).

(3) During the month of January in each year every person who holds a permit under subsection (1) shall make a report in duplicate to the Commissioner stating in detail the work done under his permit during the preceding year. 2

CEMETERIES AND BURIAL SITES PENALTIES. 8. Any person who violates this Ordinance is guilty of an offence and is liable upon

summary conviction to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment. 9. REGULATIONS. The Commissioner may make regulations, (

a) respecting the establishment, maintenance and operation of cemeteries and burial sites; (

b) respecting the content and form of records to be made with respect to burials and the custody thereof; and (

c) generally for carrying out the purposes and provisions of this Ordinance. REPEAL. CHAP. 1 Offence and penalty. Regulations. 10. The Cemeteries and Burial Sites Ordinances, Re.r al.

chapter 13 of the Revised Ordinances of the Yukon Terri- :'is·.1958 tory, 1958 is repealed. 3

CHAP. 2

Short title.

Definitions "Code". "Electrical Install'ltion" . "Prescribed" . "Qualified person". ELECTRICAL PRoTECTION

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE RESPECTING THE INSTALLATION OF ELECTRICAL EQUIPMENT AND WIRING (Assented to May 19th, 1967) 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 Protection Ordinance. 2.

(1) In this Ordinance, 4 (a) "Code" means the Canadian Electrical Code

Part 1 referred to in

section 6; (b) "electrical installation" means the installa­ tion of any system of wiring in or upon any land, building or premises from the point where electrical power or energy is delivered therein or thereon to the point where such power or energy can be used and shall include electrical equipment and any wiring connected therewith, and the maintenance, alteration, extension and repair of such equipment or wiring; (c) "inspection area" means any area desig­ nated as an inspection area under

section 4; (d) "owner" when referring to electrical equip­ ment or wiring includes a lessee, occupant and person in charge of premises; (e) "prescribed" means prescribed by the regu­ lations; and (f) "qualified person" means any person who is designated from time to time by the Com­ missioner as a qualified person for the purposes of this Ordinance and includes any person acting under the direction of a qualified person.

ELECTRICAL PROTECTION

(2) Unless the context otherwise requires, words and expressions used in this Ordinance have the same meaning as in the Code. CHAP. 2 Meaning of terms. 3. The Commissioner may appoint a Chief Inspector Anointment and one or more inspectors to carry out the provisions of 0 nspectora. this Ordinance. 4. The Commissioner may designate any area in ~:::,v~ctlon the Territory as an inspection area. 5. The Chief Inspector or any inspector may, in an inspection area, (

a) at any reasonable time enter and examine any premises and the electrical equipment and wiring in or upon such premises; (

b) place in operation or stop or cause to be placed in operation or stopped any electrical equipment that is being "inspected; (

c) except in the case of a single family dwelling unit, require the preparation and production to him of plans and specifications of the in­ stallation of the electrical equipment and wiring that are satisfactory to him; and (

d) remove or cause to be removed any ob­ struction that may prevent a thorough in­ spection. 6.

(1) Subject to subsection (2) the Canadian Electri­ cal Code

Part I is the standard to which all installations of electrical equipment wiring shall conform.

(2) Where in the opinion of an inspector the installa­ tion or use of electrical equipment or wiring contrary to the requirements of the Code would not create an undue hazard to life or property, he may permit such installation or use. 7. Where in the opinion of an inspector any electri­ cal equipment or wiring constitutes" a hazard to life or property, he may (

a) order the owner of the electrical equipment or wiring to put it in a safe condition within such time as the inspector prescribes; 5 Powers of Inspectors on IDlpactlon •. Standard. for installations. E:o:ceptlon" Inspector's powers where installation dangerous.

CHAP. 2 ELECTRICAL PROTECTION (

b) order the owner not to use electrical energy in such electrical equipment or wiring until it is put in a condition satisfactory to the inspector; (

c) order the adoption of such practices as will in his opinion make such electrical equip­ ment or wiring safe for use; (

d) by notice in writing, prohibit all unqualified persons from working on or in proximity to any electrical equipment or wiring while it is alive; (

e) by notice in writing, prohibit all unqualified persons from entering or remaining in or upon premises where there is such electrical equipment or wiring; and (

f) order the authority that supplies electric energy to withhold the supply of that energy to the premises in or upon which such elec­ trical equipment or wiring is found until it is put in a condition satisfactory to the inspector. Plans to be 8.

(1) In an inspection area, plans and specifications submitted f for approval. or Fees paid before approval. (

a) the installation of electrical equipment and wiring in any public, industrial, commercial or other building in which the safety of the public is concerned, (

b) the installation of any generator, trans­ former, switchboard, large storage battery or other large electrical equipment, and (

c) such other installations as may be pre- scribed, shall be submitted to an inspector by or on behalf of the owner of the premises in or upon which it is proposed to make any such installation, and work shall not be com­ menced on the installation until the inspector has approved the plans and specifications in writing.

(2) Plans and specifications submitted under sub­ section (1) shall not be approved by an inspector until the fees prescribed have been paid by or on behalf of the owner. 6

ELECTRICAL PROTECTION 9.

(1) Subject to subsection (2) of

section 6 no person shall, unless he holds a permit issued under subsection (2), install, alter, extend or repair any electrical equipment or wiring except in the manner and in accordance with the standard set forth in the Code.

(2) An inspector may issue a permit to install, alter, extend or repair any electrical equipment or wiring to a person who (

a) makes application therefor in the form pre­ scribed; and (

b) pays the fee prescribed.

(3) A copy of the permit referred to in subsection (2) shall be posted and kept in a conspicuous place on the site of the work until all the work authorized by the permit has been inspected and approved by an inspector. 10.

(1) A person who does electrical work in an inspec­ tion area pursuant to a permit issued under

section 9 shall give sufficient notice to an inspector of the time when such work may conveniently be inspected at any stage in its progress.

(2) No electrical equipment or wiring in an inspec­ tion area shall be made inaccessible by any person until it has been inspected and approved in writing by an inspector.

(3) The fees prescribed for the inspection of the in­ stallation of electrical equipment and wiring shall be paid by the person by whom the equipment and wiring was in­ stalled prior to completion of the inspection. 11. Where and inspector is satisfied that any install­ ation, alteration or extension of, or repair to, any electrical equipment or wiring has been carried out in accordance with this Ordinance, he shall give permission to the appropriate supply authority to supply electric energy to such equipment or wiring. 12.

No supply authority shall supply any electric energy to any electrical equipment or wiring in or upon any premises in an inspection area unless permission has been given by an inspector under

section 11 to supply electric energy to such equipment or wiring. 7 CHAP. 2 Installation and repairs to be in accordance with Code. Permits for installation or repairs. Copy of permi~ to be displayed. Notice to be given for Inspection. Installation to remain accessibla until approved. Fees. Inspector shall permit supply of electricity. No electricity without permission.

CHAP. 2 ELECTRICAL PROTECTION Appeal. 13.

(1) Where a person disputes an order or decision of an inspector that (

a) disapproves in whole or in part any plans and specifications submitted to the inspector, (

b) requires the alteration of any electrical equipment or wiring, (

c) requires the cutting off of the supply of electric energy to any electrical equipment or wiring, or (

d) refuses to permit the installation or opera­ tion of any electrical equipment or wiring, he may appeal to the Chief Inspector. ~C;:m':r..~:dl.

(2) An appeal may be commenced by forwarding, by registered mail, a statement in writing of the matter complained of to the Chief Inspector within ten days after the day on which the order or decision appealed from was made, or within such further time as the Chief Inspector may allow. Disposition of appeal.

(3) The Chief Inspector may amend, vary or revoke any order or decision appealed from under subsection (1), and his decision is final and binding. Regulations. 14. The Commissioner may make regulations, ReDort to Oommlssloner. (

a) respecting the duties of the Chief Inspector and inspectors; (

b) respecting applications for permits and in­ spections; (

c) prescribing the forms to be used under this Ordinance; (

d) prescribing the fees to be paid under this Ordinance; and (

e) generally for carrying out the purposes and provisions of this Ordinance. 15. The Chief Inspector shall, prior to the first day of September in each year, submit a report to the Com­ missioner of the administration of this Ordinance during the twelve-month period ending on the thirty-first day of July in that year. 8

ELECTRICAL PROTECTION 16. Any person who contravenes

section 8, sub­ section (1) or subsection (3) of

section 9, or

section 10 or 12, or refuses or neglects to obey an order of the Chief Inspector or an inspector made pursuant to this Ordinance is guilty of an offence and liable on

summary conviction to a fine not exceeding one hundred dollars, and in default of payment thereof, to imprisonment for a term not exceeding one month. 17. This Ordinance shall come into force on a day to be proclaimed by order of the Commissioner. 9 CHAP. 2 OffeDee aDd peDalty. OomiDginto forc •.

CHAP. 3 Short t1Ue,

Definitions, .. Allowance". "Cluaify", "Oommis- sioner". "employee" _ "l!Iatablish- ment", "Head of " UDi~' or "unit· head", PUBLIC SERVICE

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE RESPECTING THE PUBLIC SERVICE OF THE YUKON TERRITORY (Assented to May 19th, 1967) 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 Public Service Ordinance.

INTERPRETATION. 2.

(1) In this Ordinance, (a) "allowance" means compensation payable (

i) in respect of a position, or in respect of some of the positions in a class, by reason of duties of a special nature, or (b) (c) (d) (e) (f) 10 (ii) for duties that an employee is required to perform in addition to the duties of his position; "classify" in relation to a position means to assign a position to a class; "Commissioner" means the Commissioner of the Yukon Territory; "employee" means a person employed in the public service; "establishment" means those positions in a unit to which appointments may be made by the Commissioner; "head of a unit" or "unit head" in relation to any department or division of the public service means the head of that department or division;

PUBLIC SERVICE (g) "incompetence" means incompetence of an employee in the performance of his duties and includes negligence; CHAP. 3 "IDeomp­ etence tl • (h) "lay-off" means a person who has been laid "Lay-off"_ off pursuant to subsection (1) of

section 29 and who in the opinion of the Commissioner is suitable for continued employment in the public service; (i) "misconduct" means misconduct of an em­ ployee in the performance of his duties, and includes bringing the public service into dis­ repute; (j) "public service" means the several positions in or under the Government of the Yukon Territory; (k) "remuneration" means pay and allowances; (I) "unit" means the various departments and divisions of the public service designated by the Commissioner as units.

(2) The Commissioner may authorize a unit head to exercise and perform, in such a manner and subject to such terms and conditions as the Commissioner directs, any of the powers, functions and duties of the Commissioner under this Ordinance, other than the powers, functions and duties of the Commissioner in relation to grievances under

section 24 or 27 and inquiries under

section 28.

(3) Unless the context otherwise requires, a refer­ ence in this Ordinance to a head of a unit in relation to an employee shall be construed as a reference to the head of a unit in which the employee is employed. MANAGEMENT AND DIRECTION. 3. The Commissioner has the management and direction of the public service. ORGANIZATION OF THE PUBLIC SERVICE. CLASSIFICATION. 4.

(1) The Commissioner shall divide the public service into classes of employment and shall classify each position therein. 11 "Mie­ conduct.". "Public service" . I'Remunera­ tiOD" , Delegation bv head of nnit_ Reference to head_ of unit .. Powers of Commiesloner_ Classes.

CHAP. 3 Grades. Standards. Oontent of grade. Amendments. Consider­ a$lons determining pa, rates. Oommias\oner to 'ilt pay and allowsnces. Form of rates. Acting pay. PUBLIC SERVICE

(2) The Commissioner may subdivide each class into two or more grades, but where a class is not so subdivided it shall, for the purpose of this section, constitute a grade.

(3) The Commissioner shall define each grade by reference to standards of duties, responsibilities and quali­ fications and shall give it an appropriate title.

(4) Each grade shall embrace all positions in a class having similar duties and responsibilities and requiring similar qualifications of persons appointed to a position in the grade.

(5) The Commissioner may divide, combine, alter or abolish any classes or grades. PAY AND ALLOWANCES. 5. The Commissioner shall keep under review the rates of remuneration to employees having regard to (

a) the requirements of the public service; (

b) the rates of pay and other terms and con­ ditions of employment prevailing in Canada for similar work outside the public service; (

c) the relationship of the duties of the various classes within the public service; and (

d) any other considerations that the Commis- sioner considers to be relevant. 6. The Commissioner shall establish rates of pay for each grade and establish the allowances that may be paid in addition to pay. 7. The rates of pay for grades shall consist of minimum rates, maximum rates and one or more inter­ mediate rates, or such other rates as may in any special cases be appropriate. 8.

Where an employee is required to perform for a temporary period the duties of a higher position than the one held by him, the Commissioner may in accordance with the regulations authorize the payment to him of acting pay during such temporary period, and during the time that the employee is being paid acting pay, he has and may exercise . the power and authority of the person holding the higher position. 12

PUBLIC SERVICE 9.

(1) Unless authorized by or under this Ordinance or any other Ordinance, no payment additional to the remuner­ ation authorized by law shall be made to any employee in respect of any service rendered by him.

(2) Nothing in this

section shall be construed to prohibit (

a) payment to an employee of remuneration in respect of each of two or more positions, if the remuneration in respect of one position is not sufficient to compensate him for his whole time and the total remuneration of the employee does not, in the opinion of the Commissioner, exceed reasonable remuner­ ation for the duties performed;. or (

b) payment to an employee who is on leave of absence from his position and is performing other duties of such amount or at such rate as the Commissioner may fix . ESTABLISHMENTS. 10. When a unit is constituted, the head of that unit shall prepare a statement showing (

a) the number of employees required for the proper conduct of the business of the unit; (

b) the duties and responsibilities of each em­ ployee and the qualifications desired; and (

c) the plan of organization showing the re­ lationship between the persons to be em­ ployed therein. 11.

(1) The head of a unit shall refer the statement prepared under

section 10 to the Commissioner who shall classify the position of each proposed employee.

(2) The head of a unit shall prepare a list of pro­ posed positions showing the class and grade of each position and the title of each grade and, when approved by the Commissioner, the positions constitute the establishment for the unit.

(3) The rate of pay applicable to a position as de­ scribed on an establishment is the rate established by the Commissioner for the class or grade within which the position is included. 13 CHAP. 3 No eztro remuneration. EJ:ceptloDB. Or,anlBation of units. ClaBsUlcatloD. Establish· menu. Pay.

CHAP. 3 Olassifteation of new positioDs. Establish­ ment review. E:rclusive rigM to appoint. top~~i~tments competftioD within the public service. Appointments from within public service without competition. When appointments from outside pu bllc service authorized. When appointments from among non·resldents authorized. PUBLIC SERVICE 12. When a head of a unit is of the opinion that the proper functioning of his unit requires the addition of a position to the establishment of the unit, he may submit to the Commissioner a description of the proposed position setting forth (

a) the duties to be performed; (

b) the responsibilities to be assumed; and (

c) the qualifications desired, and the Commissioner, if he approves, shall classify the position and the establishment of the unit shall be deemed to be amended accordingly 13. The Commissioner may from time to time·review the establishment of units and may delete positions from or add positions to the establishment of a unit. APPOINTMENTS. 14. The Commissioner has the exclusive right and authority to appoint persons to positions in the public service. 15.

(1) Whenever in the opinion of the Commissioner it is possible to do so and it is in the best interests of the public service, appointments shall be made from within the public service by competition.

(2) Where, in the opinion of the Commissioner, after considering any recommendations of the head of a unit it is impracticable or not in the best interests of the public service to make an appointment from within the public service by competition, the Commissioner may, without competition, appoint the person from within the public service who, in the opinion of the Commissioner is best qualified. 16.

(1) Where, in the 0pInlOn of the Commissioner, a suitable appointment cannot be made from within the public service, the appointment may be made in accordance with this Ordinance from among persons outside the public service who are residents in the Yukon Territory.

(2) Where, in the opinion of the Commissioner, a suitable appointment cannot be made from among persons outside the public service who are resident in the Yukon 14

PUBLIC SERVICE Territory, the appointment may be made in accordance with this Ordinance from among persons who are not resident in the Yukon Territory. CHAP. 3 17. The Commissioner may in relation to any posi- Qualification •• tion, class or grade prescribe qualifications as to age, residence or any other matters that· in his opinion are necessary or desirable having regard to the nature of the duties to be performed, but in so doing the Commissioner shall not discriminate against any person by reason of race, sex, national origin, colour or religion. TERMS AND CONDITIONS OF EMPLOYMENT. Tenure. 18...

Unless some other period of employment is specified, the tenure of office of an employee is, subject to the provisions of this Ordinance and the regulations made thereunder, for an indeterminate period. 19. An employee who is appointed to a position in the public service for a specified period ceases to be em­ ployed at the expiration of that period. 20.

(1) An employee shall be considered to be on pro­ bation for a period of six months from the date of his appointment.

(2) A head of a unit may, with the approval of the Commissioner, extend the probationary period of an em­ ployee for a further period not exceeding six months. 21.

(1) The Commissioner may, on the recommendation of the head of a unit, at any time during the probationary period of an employee, reject that employee for cause.

(2) An employee who has been rejected under this

section ceases to be an employee. 22.

(1) An employee may resign his position in the public service by giving to the Commissioner notice in writing of his intention to resign his position.

(2) A resignation is completed when it is accepted in writing by the Commissioner, but it may, by an appropriate notice in writing to the Commissioner and with the approval of the Commissioner, be withdrawn at any time before the 15 Indeterminate tennre of ofllce. Specified tenure of ofllce. Probationary period. Extension of probationary period. Rejection. Effect of rejection. Resignation. Acceptance and with· drawal.

CHAP. 3 Abandon­ ment. PUBLIC SERVICE effective date thereof, if no person has been appointed or selected for appointment to the position to be vacated by the resignation. 23. An employee who is absent from duty without leave for a period of one week may by an appropriate instrument in writing be declared by the Commissioner to have abandoned his position, and thereupon the position becomes vacant and the employee ceases to be an employee. Incompetence and Incapacity. ~~0fomendB' 24.

(1) Where an employee, in the opinion of the unit Oommlssionel'. head, is incompetent in performing the duties of the position he occupies or is incapable of perfonning those duties and should Notice. Rigbt. to submIt gl'ieV8nce. Disposition of gl'lev8nce. (

a) be appointed to a position at a lower maxi­ mum rate of pay, or (

b) be released, the unit head may recommend to the Commissioner that the employee be so appointed or released, as the case may be.

(2) The unit head shall give notice in writing to an employee of a recommendation that the employee be ap­ pointed to a position at a lower maximum rate of payor be released.

(3) Within two weeks after receiving a notice under subsection (2), the employee may submit a grievance to the Commissioner against the recommendation of the unit head, which grievance shall be dealt with in the manner pre­ scribed in the regulations.

(4) Where a. grievance has been dealt with in the manner prescribed in the regulations, the Commissioner shall (

a) notify the unit head that his recommenda­ tion will not be acted upon, or (

b) appoint the employee to a position at a lower maximum rate of pay, or release the em­ ployee, accordingly as the decision arrived at through the grievance procedure requires. 16

PUBLIC SERVICE

(5) If no grievance is submitted with respect to a recommendation of a unit head, the Commissioner may take such action with regard to the recommendation that he sees fit. ,

(6) The Commissioner may release an employee pursuant to a recommendation under this

section and the employee thereupon ceases to be an employee. Suspension. CHkP;'3 ActloD when no grievance. submitted. Release. 25. In any case where MlscODdllot. (

a) it is alleged that an employee has been guilty of misconduct or incompetence and the Com­ missioner considers it desirable to investi­ gate the allegation, or (

b) criminal proceedings against an employee are pending, the Commissioner may, by an appropriate notice in writing, suspend the employee for a period not exceeding six months. 26...

(1) An employee is not entitled to any remuneration No rem1lDera· tloD daring in respect of any period during which he is under suspen- snspensloD. sion.

(2) The Commissioner may at any time terminate Termination. a suspension. 27.

(1) This

section applies where an employee is ApplicatioD . of sectioD 211: suspended under

section 25.

(2) The Commissioner may extend the period of suspension for an employee but for not more than six additional months at anyone time.

(3) Upon completion of an investigation or proceed­ ings, as the case may be, the Commissioner shall, (

a) if as a result of the investigation or proceed­ ings he is satisfied that the employee has been guilty of misconduct or incompetence, (

i) release or demote the employee, or (ii) suspend the employee for a further period not exceeding six months; or 17 ExtensloD. Oompletlon of Investigation.

CHAF. 3 PUBLIC SERVICE PoliLical 1>artisMlship .. EllCepted activities. Leave of absence .. Effect of election. (

b) if as a result of the investigation or proceed­ ings he is not satisfied that the employee has been guilty of misconduct or incompetence, rescind the suspension retroactively to the time it was first imposed.

(4) Where the Commissioner decides to release, de­ mote or suspend an employee pursuant to subsection (3), the provisions of

section 24 apply. Political Partisanship. 28.

(1) No unit head and, except as authorized under this section, no employee, shall (

a) engage in work for, on behalf of or against a candidate for election as a member of the House of Commons, a member of the legis­ lature of a province or a member of the Council of the Yukon Territory or the North­ west Territories, or engage in work for, on behalf of or against a political party; or (

b) be a candidate for election as a member described in paragraph (a).

(2) A person does not contravene subsection (1) by reason only of his attending a political meeting or contribut­ ing money for the funds of a candidate for election as a member described in paragraph (

a) of subsection (1) or money for the funds of a political party.

(3) Upon application made to the Commissioner by an employee the Commissioner may, if he is of the opinion that the usefulness to the public service of the employee in the position he then occupies would not be impaired by reason of his having been a candidate for election asa member described in paragraph (

a) of subsection (1), grant to the employee leave of absence without pay to seek nomination as a candidate and to be a candidate for election as such a member, for a period ending on the day on which the results of the election are officially declared or on such earlier day as may be requested by the employee if he has ceased to be a candidate.

(4) An employee who is declared elected as a member described in paragraph (

a) of subsection (1) thereupon ceases to be an employee. 18

PUBLIC SERVICE CHAP. 3

(5) Where an allegation is made to the Commissioner Inqniry. by a person who is or has been a candidate for election as a member described in paragraph (

a) of subsection (1), that a unit head or employee has contravened subsection (1), the allegation shall be referred to a board established by the Commissioner to conduct an inquiry at which the person making the allegation and the unit head or employee concerned, or their representatives, are given an opportun- ity of being heard, and upon being notified of the board's decision on the inquiry the Commissioner may, if the board decides the unit head or employee has contravened sub­ section (1), dismiss him. Lay-offs 29.

(1) Where the duties of a position held by an em­ ployee are no longer required to be performed, the Com~ missioner may lay-off the employee and he thereupon ceases to be an employee"

(2) Notwithstanding anything in this Ordinance, the Commissioner may, without competition, appoint a lay-off to any position in the public service for which he is qualified having the same or lower maximum rates of pay as the po.sition held by him at the time he was laid off.

(3) A lay-off is entitled for a period of twelve months, or such longer period not exceeding two years, as the Commissioner may determine, after he was laid off to enter any competition for which he would have been eligible had he not been laid off.

(4) Notwithstanding anything in this Ordinance, a lay-off shall be considered for appointment to a position for which he is qualified, having the same or lower maximum rates of pay as the position held by him at the time he was laid off, in priority to all other qualified persons and in priority to all other persons who became lay-offs at an earlier time.

(5) A person ceases to be a lay-off if he is not ap­ pointed to a position in the public service within two years from the date on which he became a lay-off or if he is appointed to or if, except for reasons that in the opinion of the Commissioner are sufficient, he declines an appointment 19 Laying off employees. Reappoint· ment. Competition •. To be considered for appointment. Termination of lay·off Btatu8.

CHAP. 3 Onler of laying off. Holidavs. PUBLIC SERVICE to a position in the public service with the same or higher maximum rates of pay as the position held by him at the time he was laid off. 30.

Where two or more persons employed in posi­ tions of the same grade in any unit of the public service are to be laid off, or where one person is to be laid off and there are other persons holding positions of the same grade in the same unit, the Commissioner shall, after considering such material and conducting such examinations, tests, interviews and investigations as he considers necessary, list the persons holding positions of the same grade in order of their merit, and such persons shall be laid off in order beginning with the person lowest on the list. 31. service: Holidays.

The following days are holidays for the public (

a) New Year's Day, (

b) Good Friday, (

c) Easter Monday, (

d) Victoria Day, (

e) the birthday or the day fixed by proclama­ tion of the Governor in Council for the celebration of the birthday of the Sovereign, (

f) Dominion Day, (

g) Discovery Day, (

h) Labour Day, (

i) Remembrance Day, (

j) Christmas Day, (

k) Boxing Day, (

I) any day appointed by proclamation of the Governor in Council or the Commissioner to be observed as a day of general feast or thanksgiving or as a holiday. Pay. Rate of 32.

(1) Subject to this section, the rate of pay of a ~:~of:tment. person appointed to a position in the public service shall be the minimum rate for the grade of that position. 20

PUBLIC SERVICE

(2) The Commissioner may make an appointment to a position or to positions in a class at a rate of pay higher than the minimum rate applicable to that position or class.

(3) Subject to this Ordinance, an employee is entitled to be paid for services rendered the remuneration applicable to the position held by him. CHAP. 3 Appointment et higher than minimum rate. Right to remUDeration. 33. Every employee shall, before any remuneration Oath of is paid to him, take and subscribe the oath or affirmation set olllee. out in

Schedule A. GENERAL. Regulations. 34.

(1) The Commissioner may make regulations for Regulations. carrying the purposes and provisions of this Ordinance into effect, and without restricting the generality of the foregoing, may make regulations (

a) providing for the granting of leave of ab­ sence, with or without pay; (

b) providing for the grant to an employee of retiring leave, that is to say, leave of ab­ sence with pay terminating with his retire­ ment from the public service or the payment of a gratuity in lieu thereof; (

c) requiring employees by reason of special circumstances or the nature of their duties to perform the duties of their position on a holiday, but any employee who is so required to perform the duties of his position on a holiday shall be granted another day of leave with payor shall be paid compensation for overtime in lieu thereof; (

d) regulating hours of work, attendance, and other matters relating to the performance of duties; (

e) authorizing the imposition of minor pecun­ iary penalties on employees for failure to comply with attendance requirements; (

f) authorizing the payment of compensation for overtime as defined by regulation to an em­ ployee or his personal representative; 21

CHAP. 3 PUBLIC SERVICE Collective bargaining. (

g) prescribing the method of determining the rate of pay upon appointment where a lay-off or a person holding a position in the public service of Canada is appointed to a position in the public service; (

h) prescribing the effective date of an appoint­ ment to the public service and prescribing what shall constitute a resignation by an employee; (

i) prescribing how positions or employees wholly or partly excluded under

section 35 shall be dealt with; (

j) providing for the payment of acting pay where an employee is required to perform for a temporary period the duties of a higher position and prescribing the amount of or method of determining such acting pay and the circumstances and conditions under which it may be paid; (

k) providing for the selection, appointment, conditions of employment and remuneration of employees performing duties of a casual, part-time or seasonal nature notwithstand­ ing anything in this Ordinance; (1) prescribing what shall constitute continuity of employment for the purposes of this Ordinance; (

m) regulating the holding of offices or positions outside the public service by persons em­ ployed in the public service; (

n) prescribing procedure on appeals, and pre­ scribing the procedure for dealing with grievances, as defined by such regulations; (0) authorizing the Commissioner to revoke an appointment where he finds any irregularity in the appointment; and (

p) for any purpose for which regulations are by this Ordinance authorized to be made.

(2) The Commissioner may make such regulations as he deems necessary to establish 22

PUBLIC SERVICE (

a) procedures for collective bargaining between the Commissioner and organizations repre­ sentative of emplo)"ees with respect to the terms and conditions of employment and the remuneration of those employees; and (

b) a board to determine units of employees appropriate for collective bargaining, to certify bargaining agents for bargaining units and to hear complaints by such agents or by employees. CHAP. 3 35. In any case where the Commissioner decides that Exclusion it is not practicable nor in the public interest to apply this :~l':)r::i~ronB. Ordinance or any provisions thereof to any position or employee, the Commissioner may exclude such position or employee in whole or in part from the operation of this Ordinance, and the Commissioner may re-apply any of the provisions of this Ordinance to any position or employee so excluded. Application. 36.

(1) This Ordinance applies to all employees whether appointed before or after the coming into force of this Ordinance.

(2) A reference in any of the prOVlSlons of this Ordinance to a period of employment shall be construed as including employment before as well as after the coming into force of this Ordinance. Transitional. 37.

(1) The establishment of a unit as it existed im­ mediately before the coming into force of this Ordinance is the establishment of the unit for the purposes of this Ordinance, subject to alteration as provided in this Ordinance.

(2) The classification of the public service at the coming into force of this Ordinance shall continue to be the classification of the public service for the purposes of this Ordinance, subject to alteration as provided in this Ordinance. 23 Application. Reference 10 period of employment. Establish· ments continued. Cl8s8ification continued.

CHAP. 3 Employees continued. B.O .• 1958 c.94. repealed. Coming Into force. PUBLIC SERVICE

(3) Every person who holds a position in the public service at the time this Ordinance comes into force continues to hold that position after that time, subject to the pro­ visions of this Ordinance. Repeal. 38. The Public Service Ordinance,

chapter 94 of the Revised Ordinances of the Yukon Territory, 1958, is re­ pealed. Coming into Force. 39. This Ordinance shall come into force on a day to be fixed by order of the Commissioner.

SCHEDULE A. Oath of Office and Secrecy. I, (A.B.) solemnly and sincerely swear that I will faithfully and honestly fulfil the duties that devolve upon me by reason of my employment in the public service of the Yukon Territory and that I will not, without due authority in that behalf, disclose or make known any matter that comes to my knowledge by reason of such employment. (When an oath is taken add "So help me God"). 24

lIAmDRESSERS

CHAPTER 4 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE RESPECTING HAIRDRESSERS (Assented to May 19th, 1967) 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 Hairdressers Ordinance. 2. In this Ordinance, unless the context otherwise requires, the expression "hairdresser" means any person who (

a) with hands or by use of any mechanical application or appliance engages in the occupation of dressing, curling, waving, permanently waving, cleansing, bleaching, or similar work upon the hair of any person; (

b) with hands or by the use of any mechanical application or appliance, or by the use of cosmetic preparations, antiseptics, tonics, lotions, creams, or similar preparations or compounds, engages in anyone or more or any combination of the following practices, to wit manicuring nails or massaging, cleansing, or beautifying the scalp, face, neck, arms, or bust of any person; and . (c) "hairdressing salon" means any place, room, building or part thereof where hairdressing is carried on. 3.

No person shall work as a hairdresser unless he is the holder of a valid subsisting operator's licence, im­ prover's licence, or specialist's certificate. 25 CHAP. 4 Shod title. Deflllitlolls "Hair­ dresser". "Halr­ dressilllt salon".

CHAP. 4 Qualifications for operator's licence. Under 18 year8. Temporary Operator's licence. Qualifications for improver's licence. Qualifications for specialists certificate. Employment 01 apprentice hoirdresser. HAIRDRESSERS 4. The Commissioner may appoint at pleasure a Board consisting of three persons to examine the fitness of an applicant for an operator's licence, an improver's licence or a specialist's certificate, and to advise the Com­ missioner on the fitness of the applicant. 5.

(1) No person shall be issued an operator's licence unless he has had at least six months employment as the holder of an improver's licence or the equivalent working under the direct supervision of a person holding an oper­ ator's licence or enjoying equivalent experience, or unless the applicant has had at least two years hairdressing experience in another province or country under circum­ stances which the Board recommends to the Commissioner as maintaining suitable professional hairdressing standards.

(2) No person under the age of 18 years shall be issued an operator's licence.

(3) With the approval of the Board upon written application an operator holding an operator's licence or equivalent qualification issued from another province or country which the Board recommends to the Commissioner as maintaining suitable professional hairdressing standards, may be issued a temporary operator's licence for a period not exceeding 3 months and such licence will entitle him to work in a Yukon hairdressing salon for the period set out in the temporary operator's licence. 6.

No person shall be issued an improver's licence unless he has attained the age of sixteen years and success­ fully completed a training course of not less than 1300 hours in a hairdressing school which the Board advises the Commissioner maintains an adequate professional standard of hairdressing training. 7. No person shall be issued a specialist's certificate for beauty treatment or manicuring unless they satisfy the Board that they have attained a suitable standard of pro­ ficiency. 8.

Notwithstanding anything in this Ordinance to the contrary, an apprentice hairdresser may be employed in a hairdressing salon subject to such terms and conditions as the Board may advise the Commissioner to attach to an apprentice permit issued to such person. 26

HAIRDRESSERS 9.

(1) All licences and permits issued pursuant to this Ordinance shall be valid for the calendar year.

(2) Upon written application being made for renewal thereof, in November of each year the Board will review all licences and permits and make recommendations to the Commissioner regarding the issue of new licences or permits.

(3) The holder of a permit or licence may be required by the Board to produce a medical certificate evidencing satisfactory physical condition before any licence or permit is recommended for renewal. 10. The Board shall inform any licence holder or permit holder of its decision to recommend against the renewal of a licence or permit, not later than the 31st day of November, and in such case the licence holder or permit holder shall have fourteen days to appeal to the Commis­ sioner against such recommendation. 11.

The Commissioner may revoke, cancel or suspend any licence or permit issued under this Ordinance if the holder of such licence or permit is shown to be intemperate, incompetent, suffering from any infectious or contagious disease or failing to maintain clean premises and appropri­ ate working condition, but before any licence or permit is so revoked, the holder thereof shall have notice in writing of the charge or charges against him, and at a place specified in the said notice and at a time specified in the said notice, which shall be at least two days after service of such notice, shall be given a public hearing in the locality in which he resides, and shall be permitted to make his full answer and defence to all such charges and to have witnesses examined and cross-examined by counsel, solicitor or agent on his behalf. 12.

The fees payable under this Ordinance are as set out in the

Schedule hereto. 13. Any person acting as a hairdresser, beautician or manicurist for hire, gain or hope of reward without having an operator's licence, improver's licence or apprent­ ice's permit shall be guilty of an offence punishable upon

summary conviction by a fine not exceeding $100.00. 27 CHAP. 4 Perlod-o'­ validityo' licences and permits_ Recommend· ations 'or renewal of licences ond permits Medical certificaCe. Appeol .wbere renewolo.· licence or permit noC recommended. Revocation etc. of licences ODd permits. Fees. Offence anll penalty.

CHAP. 4 Regulations. Cominlr into force .. HAIRDRESSERS 14. The Commissioner may make regulations gener­ ally for the carrying out of the purposes and to give effect to the provisions of this Ordinance. 15. This Ordinance shall come into force and take effect upon a day to be proclaimed by order of the Com­ missioner. SCHEDULE. Full operator's licence __ _ Temporary operator's licence Improver's licence _______ _ Apprentice's permit ________ _ $26.00 16.00 20.00 6.00 Beautician's certificate _____________________________________ 16.00 28

UNIVERSITY AND VOCATIONAL STUDENTS

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO PROVIDE FOR THE MAKING OF GRANTS TO UNIVERSITY AND VOCATIONAL STUDENTS (Assented to M ay 19th, 1967) 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 Students G-rants Ordinance. 2.

INTERPRETATION. In this Ordinance, (a) "institution" means (

i) a university or college, (ii) a school of nursing, (iii) a teachers' training college, or (iv) a technical, occupational, trades or vocational school or college that has been approved by the Commissioner; and CHAP. 5 Short tl&le. Definition •. "lnlItltutlon" • (b) "student" means a person enrolled or regis- "Student". tered at an institution. GRANTS. 3.

(1) Subject to this Ordinance, the Commissioner may, on application, make grants to any student who is (

a) a resident of the Territory; or (

b) a dependent son or daughter of a resident of the Territory. 29 PersoDs to whom grants made.

CHAP. 5 Scholarship not to be taken Into account. Amount of KJ'ant. UNIVERSITY AND VOCATIONAL STUDENTS

(2) When the Commissioner considers an application for a grant under subsection (1), he shall not take into account whether a student has received or is eligible to receive a scholarship.

(3) A grant made to a student pursuant to subsection (1) shall not exceed the aggregate of (

a) the amount of the tuition or other fees set by the institution for the period of the course of studies being undertaken by that student; (

b) the cost of necessary books, supplies and other equipment, and any special clothing required by that student, in the period of the course of studies being undertaken by him; (

c) an amount for the living expenses of that student as they are determined by the Com­ missioner; and (

d) the cost of transportation from such place as the Commissioner may decide to the institution and from the institution to such place as the Commissioner may decide. arant" out 4. All grants made by the Commissioner under this of mon8f" approprlBted. Ordinance shall be paid out of moneys appropriated by the Council for that purpose. REGULATIONS. Regulations. 5. The Commissioner may make such regulations as he deems necessary to carry out the purposes of this Ordinance and, without restricting the generality of the foregoing, may make regulations (

a) prescribing the period during which a stu­ dent shall have been resident in the Terri­ tory before a grant may be made under this Ordinance; (

b) prescribing the health standards of any stu­ dent to whom or in respect of whom a grant may be made under this Ordinance; 30

UNIVERSITY AND VOCATIONAL STUDENTS (

c) prescribing the minimum scholastic stand­ ards that shall have been attained by any student to whom or in respect of whom a grant is made under this Ordinance; and (

d) prescribing the manner and time of payment of grants made under this Ordinance. ADVISORY BOARDS. 6.

(1) The Commissioner may appoint one or more advisory boards, each consisting of at least three members, to assist him in evaluating the qualifications of students applying for grants under this Ordinance and to advise him on such matters respecting the administration of this Ordinance as he thinks fit. CHAP. 5 Funetions of advisor,. boards.

(2) An advisory board shall meet at such times and Meetings of places as the Commissioner may direct. ~~:!~~r,. 7. This Ordinance shall come into force on a day to be fixed by order of the Commissioner. 31 Oomlng into foree.

CHAP. 6

Short title. Dellnitlons. "Family housing unU". "House". "Housing project". HOUSING DEVELOPMENT

CHAPTER 6 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO PROMOTE THE IMPROVEMENT OF HOUSING AND LIVING CONDITIONS IN THE YUKON TERRITORY (Assented to May 19th, 1967) 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 Development Ordinance. 2.

INTERPRETATION.

In this Ordinance. (a) "Corporation" means the Central Mortgage and Housing Corporation; (b) "family housing unit" means a unit provid­ ing therein living, sleeping, eating, food preparation and sanitary facilities for one family, with or without other essential facilities shared with other family housing units; (c) "house" means a building, together with the land upon which it is situated, intended for human habitation comprising not more than two family housing units; (d) "housing project" means a project, together with the land upon which it is situated, consisting of one or more houses, or one or more multiple-family dwellings or a combin­ ation of houses and multiple-family dwell­ ings, together with any public space, recreational facilities, commercial space, and other buildings appropriate to the project; 32

(e) (f) (g) (

h) HOUSING DEVELOPMENT "multiple-family dwelling" means a building containing three or more family housing units; "municipality" means any part of the Ter­ ritory established or continued as a city or village under the Municipal Ordinance; "public housing project" means a project, together with the land upon which it is situated, consisting of a housing project or housing accommodation of the hostel or dormitory type or any combination thereof, undertaken to provide decent, safe and sani­ tary housing accommodation and intended to be leased to individuals or families of moder­ ate or low income; "urban renewal area" means a blighted or substandard area of a municipality for which the Commissioner has approved the implementation of an urban renewal scheme; and (i) "urban renewal scheme" means a scheme for the renewal of a blighted or substandard area of a municipality.

PUBLIC HOUSING. 3.

(1) The Commissioner or a municipality with the approval of the Commissioner may undertake and operate a public housing project for the purpose of providing housing accommodation to individuals or families of moder­ ate or low income at rentals that are sufficient to meet the cost of amortizing and operating the project or that are less than the rentals required to meet such costs.

(2) For the purpose of undertaking a public housing project approved by the Commissioner the council of a municipality may (

a) acquire and develop land for housing pur­ poses; (

b) construct housing projects or housing ac­ commodation of the hostel or dormitory type for sale or for rent; and 33 CHAP •. :6 "Multiple family dwelling". "Munlclpali­ Ity". "Pllbllc hOllslnlr Jlrojeci" . "Orbu renewal area n • "Urban renewal scheme". Municipal­ Ities may undertake public housing project. Powers of municlJlal­ ities.

CHAP. 6 HOUSING DEVELOPMENT Pa)'ll!.enta by Oommissioner towards operating !o8seR. Borro\ving of money for public housing pnrpose8. Commis8ioner may under­ take projects jolntly.with O.M.H.C. Commissioner may under­ take projects jointly with municipality. (

c) acquire, improve and convert existing build­ ings for a housing project or for housing accommodation of the hostel or dormitory type.

(3) The Commissioner may, on behalf of the Ter­ ritory, enter into an agreement with the council of any municipality operating a public housing project whereby the Commissioner will pay annually to the municipality an amount calculated as provided in the agreement and not exceeding thirty per cent of the annual operating losses incurred by the municipality, as determined by the Com­ missioner, in operating the public housing project. 4. The Commissioner, on behalf of the Territory, or the council of a municipality, with the approval of the Commissioner, may enter into an agreement with the Corporation for the purpose of borrowing money for (

a) acquiring and servicing land for public hous­ ing purposes; or (

b) the construction or acquisition of a public housing project. 5.

(1) The Commissioner, on behalf of the Territory, may enter into an agreement with the Government of Canada to undertake jointly with the Government of Canada projects for (

a) the acquisition and development of land for housing purposes; (

b) the construction of housing projects or hous­ ing accommodation of the hostel or dormi­ tory type for sale or for rent; and (

c) the acquisition, improvement and conversion of existing buildings for a housing project or for housing accommodation of the hostel or dormitory type.

(2) The Commissioner, on behalf of the Territory, or the council of a municipality on behalf of the municipal­ ity, may enter into an agreement to undertake jointly any project described in subsection (1), but such agreement shall not require the municipality to pay more than ten per cent of the capital costs or losses of the project. 34

HOUSING DEVELOPMENT

(3) Where a municipality enters into an agreement with the Commissioner pursuant to subsection (2), the municipality may, notwithstanding anything contained in the Municipal Ordinance, charge all or any part of the amount it is required to pay under the agreement for capital costs or losses or towards the costs of installing municipal services as a local improvement charge against the land comprised in the project and may determine the proportions in which the amount is to be charged against various parcels of land in the project. URBAN RENEWAL. 6.

(1) A municipality may, with the approval of the Commissioner, prepare and carry out an urban renewal scheme within the municipality.

(2) An urban renewal scheme in a municipality shall include (

a) a plan designating the buildings and works in the urban renewal area that are to be acquired and cleared by the municipality in connection with the scheme and for making available to persons disposessed of housing accommodation by such acquisition or clear­ ance, decent, safe and sanitary housing ac­ commodation at rentals that are fair and reasonable having regard to the incomes of the persons to be dispossessed; (

b) a plan describing the proposed street pattern and land use for the urban renewal area, and the program for the construction or im­ provement in the area of municipal services, schools, parks, playgrounds, community buildings and other facilities; (

c) a description of the methods planned for municipal direction and control of the use of land in the urban renewal area, including zoning, building controls and standards of occupancy of buildings in the area; and (

d) a description of the methods planned for the improvement, rehabilitation or replacement of privately owned facilities, including hous- 35 CHAP. ·6 Municipal­ ItleB mDY cbarge project co.&s asloc .. 1 improvemeDU. MunicIpal­ ities may undertake urban renewnl scbemea. Oontents. of urban renewal. Bcbeme.

CHAP. 6 Powers of municipal­ ities. By·laws. HOUSING DEVELOPMENT ing accommodation, that will continue in the area, and the techniques planned for retard­ ing such facilities from becoming sub­ standard. 7. For the purpose of carrying out an urban re- newal scheme, the council of a municipality may (

a) acquire and clear, service and develop land within an urban renewal area; (

b) demolish, remove, replace, renovate, repair and maintain buildings and other improve­ ments owned or acquired by it in an urban renewal area; (

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

d) provide assistance by grant or loans to the owners of property in an urban renewal area for the renovation or repair 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) appoint a municipal development officer and authorize him to act on behalf of the council in the carrying out of the scheme and the enforcement of any by-law passed for the purpose of carrying out the scheme. 8. The council of a municipality, for the purpose of carrying out an urban renewal scheme, may pass by-laws (

a) establishing minimum standards for exist­ ing property in an urban renewal area; (

b) prescribing standards for the maintenance and occupancy of property in an urban re­ newal area and prohibiting the use of property that does not conform to those standards; and (

c) requiring property that does not conform to standards prescribed in a by-law to be re­ paired and maintained in compliance with 36

HOUSING DEVELOPMENT those standards or requiring the land to be cleared of buildings that do not comply with those standards. 9.

(1) Where, in the opinion of the council or the municipal development officer of a municipality, property in an urban renewal area does not comply with the stand­ ards prescribed in a by-law made pursuant to

section 8, the council or municipal development officer shall, before acting to enforce the by-law with respect to that property, serve the assessed owner and each occupant of the property and each person shown by the records of the land titles office as having an interest in the property with a notice stating in what respect the property does not comply with the by-law. state

(2) The notice described in subsection (1) shall also (

a) particulars of the repairs that are required to be made to the property described therein, or (

b) the structures on the land that are to be removed, and shall fix a day not less than six months from the date of service of the notice by which repairs shall be made to the property or structures on the land removed. .

(3) A notice described in subsection (1) may be given by registered mail or by personal service. 10.

(1) Every person on whom a notice described in

section 9 is served may appeal the requirements set forth in the notice to the council of the municipality.

(2) Notice of an appeal under subsection (1) shall be served on the clerk of the council within ten days from the day of service of the notice described in

section 9, and the council shall fix a day for hearing the appeal, which day shall not be later than thirty days from the day of service of the notice of appeal.

(3) The hearing of an appeal may be adjourned from time to time by the council.

(4) A municipal council may, after hearing an appeal made under subsection (1), 37 CHAP. 6 Notice that property does not comply with by·law. Oontents of notice. ServIce of noUce. Appeal to council of municipality. Service of notice and fixing of hearing day. Adjournment of hearing. Powers of munIcipal council on appeal.

CHAP. 6 Appeal to CommiBsioner. Power. of Oommissloner on appeal Municipality may repair or remove 8tructures. AJreements wIth C.M.H.O. for nrban renewal schemes. HOUSING DEVELOPMENT (

a) confirm, discharge or vary the requirements set forth in the notice; or (

b) grant an extension of not more than one year from the day specified in the notice described in

section 9, for compliance with the requirements of that notice, but no ex­ tension shall be granted unless the council is of the opinion that the refusal of an exten­ sion will result in undue hardship to any of the persons on whom the notice was served. 11.

(1) Every person on whom a notice is required by

section 9 to be served, may within ten days after the receipt by him of a decision of the council, appeal that decision to the Commissioner.

(2) Where an appeal is made to the Commissioner under subsection (1), the Commissioner may confirm, discharge or vary any decision of a council made under

section 10. 12. Where the repairs required to be made to any property or the removal of any structure is not completed within (

a) the time fixed in the notice, (

b) the time prescribed by the council of the municipality after hearing an appeal made under

section 10, or (

c) the time fixed by the Commissioner after hearing an appeal made under

section 10, the council of the municipality may carry out repairs to the property or remove any structures thereon and the cost thereof shall be levied as a debt due to the municipality and charged as taxes due and owing to the municipality. 13. The Commissioner, on behalf of the Territory, or the council of a municipality, with the approval of the Commissioner, may enter into agreements with the Corpor­ ation for the preparation and carrying out of urban renewal schemes. 38

HOUSING DEVELOPMENT 14. The Commissioner, on behalf of the Territory, or the council of a municipality, with the approval of the Commissioner, may enter into an agreement with the Corporation for the purpose of borrowing money for the implementation of an urban renewal scheme or any part thereof. 15.

The Commissioner, on behalf of the Territory, may enter into an agreement with any municipality under­ taking or acquiring an urban renewal scheme whereby the Commissioner will pay to the municipality an amount calculated as provided in the agreement and not exceeding thirty per cent of" the costs incurred by the municipality, as determined by the Commissioner, in undertaking an urban renewal scheme. GENERAL. 16.

(1) The municipality may, with the approval of the Commissioner, undertake and operate a housing project within the municipality.

(2) For the purpose of undertaking a housing project approved by the Commissioner, the council of a municipal­ ity may exercise all the powers set out in subsection (2) of

section 3. 17. The Commissioner, on behalf of the Territory, or the council of a municipality with the approval of the Commissioner, may enter into an agreement with the Corporation for the purpose of borrowing money for the construction of a sewage treatment project consisting of a trunk sewer, collector system, a central treatment plant or both, for the collection and treatment of sewage. 18. The Commissioner, on behalf of the Territory, or the council of a municipality with the approval of the Commissioner, may enter into an agreement with the Corporation (

a) for the preparation and undertaking of pro­ grams of technical research and investig­ ation into the improvement and development of methods of construction, standards, materials, equipment, fabrication, planning, 39 CHAP. 6 Borrowing of money for urban renewal schemes. Payments by Oommissioner towards COBts of urban renewal schemes. Municipal· ities may undertake housing projects. Powers of municipal· ities. Borrowing of money for 80wage treatment projects. Agreement with O.M.H.C. on houBing research and community planning.

CHAP. 6 SecUl'lt" for loalls to mUlllclpal· Itles. Addltlollal agreemellts. HOUSING DEVELOPMENT designing and other factors involved in the construction or provision of improved hous­ ing accommodation in the Territory; (

b) for promoting training in the construction or designing of houses, in land planning or community planning or in the management and operation of housing projects in the Territory; and (

c) to conduct special studies relating to the condition of urban areas, to means of im­ proving housing, to the need for additional housing or for urban redevelopment in the Territory. 19. The council of a municipality may with the ap­ proval of the Commissioner, by by-law, authorize the bor­ rowing of money for any of the purposes described in this Ordinance on the security of mortgages given or debentures issued by the municipality and the provisions of the Municipal Ordinance, other than subsections (1) and (4) of

section 65, sections 66 and 67 and subsections (1) and (3) of

section 71, shall apply with respect to such by-laws and debentures. 20. The Commissioner, on behalf of the Territory, or the council of a municipality, with the approval of the Commissioner, may enter into such other agreements with the Corporation as in the opinion of the Commissioner will assist the Territory or the municipality in carrying out the purposes of this Ordinance. 40

SOCIETIES

CHAPTER 7 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO AMEND THE SOCIETIES ORDINANCE (Assented to M ay 19th, 1967) CHAP. 7 The Commissioner of the Yukon Territory, by'and with R.O.Y.T.' the advice and consent of the Council of the said Territory, 1958, c.10l. enacts as follows:

Section 36 of the Societies Ordinance is hereby amended by deleting the words "in Council" where they occur. 41

eHAP. 8 R.O.Y.T. 1958, c.23. CO-OPERATIVE AsSOCIATIONS

CHAPTER 8 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO AMEND THE CO-OPERATIVE ASSOCIATIONS ORDINANCE (Assented to May 19th, 1967) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 44 of the Co-operative Associations Ordinance is hereby amended by deleting the words "in Council" where they occur. 42

FINANCIAL ADMINISTRATION

CHAPTER 9 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO AMEND THE FINANCIAL ADMINISTRATION ORDINANCE (Assented to May 19th, 1967) CHAP. 9 The Commissioner of the Yukon Territory, by and with R.O.Y.T. the advice and consent of the Council of the said Territory, t::g· ti::);. t f II c.10; enac s as 0 OWS: 1964 (2nd), 1. Paragraph (

c) of subsection (1) of

section 34 of the Financial Administration Ordinance is repealed and the following substituted therefor: .. (

c) has in his hands any public money ap­ plicable to any purpose and has not duly applied it;" 43 c.7.

CHAP. 10 O.Y.T. 1959 (2nd), c.2; 1969 (2nd), c.6 ; 1960 (let), c.6 ; 1961 (ht), c.,; 1963 (lBt), c.6; 1966 (2nd), c.6. Penalt-y. TAXATION

CHAPTER 10 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO AMEND THE TAXATION ORDINANCE (Assented to May 19th, 1967) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 58 of the Taxation Ordinance is amended by adding thereto, immediately after subsection (2) there­ of, the following subsection: I "(2a) A penalty in an amount equal to six per cent of taxes remaining unpaid after the first day of April in the year in which such taxes are levied is due and payable on the first day of May in such year." 44

GAME

CHAPTER 11 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO AMEND THE GAME ORDINANCE (Assented to M ay 19th, 1967) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. (1) Paragraph (0) of subsection (1) of

section 2 of the Game Ordinance is repealed. (2) Subsection (1) of

section 2 of the said Ordinance is further amended by adding thereto, immediately after paragraph (

s) thereof, the following paragraph: CHAP. 11 B.O.T.T. 1968. c.60; 1969 (lat). c.a; 1969 (2nd). c.4; 1961 (2nd), c.l0; 1984 (lat). c.l0; 1966 (1st). c.6. .. (sa) "private game farm" means land in .. Prl .... te respect of which the owner or occupant ,ame farm". has obtained a licence to keep animals and birds that are wild by nature in in captivity for propagation or com- mercial purposes;"

(3) Paragraph (

w) of subsection (1) of

section 2 of the said Ordinance is repealed and the following sub­ stituted therefor: .. (w) "vehicle" means conveyance of any "Vehicle". kind other than a boat and, without restricting the generality of the fore- going, includes a carriage, rig, wagon, car, sleigh, hayrack, bicycle, motorcycle, automobile, tractor, snowmobile, snow- plane, toboggan, aeroplane and heli­ copter;"

(4) Section 2 of the, said Ordinance is further amend­ ed by adding thereto the following subsection: 45

CHAP. 11 ·'Resldent." Poison and drugs prohibited. Exception. GAME "

(4) Where in this Ordinance reference is made to a resident in relation to a licence, "resident" means (

a) a Canadian citizen or British subject who has (

i) resided in the Territory for six months immediately prior to the day on which the licence is issued, or (ii) resided in the Territory for thirty days immediately prior to the day on which the licence is issued, if he has at any time re­ sided in the Territory for a con­ tinuous period of at least six months; or (

b) a person other than a Canadian citizen or British subject who has (

i) resided in the Territory for two years immediately prior to the day on which the licence is issued, or (ii) resided in the Territory for thirty days immediately prior to the day on which the licence was issued, if he has at any time resided in the Territory for a continuous period of at least two years."

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

(1) No person shall use poison or drugs for the purpose of taking or killing game, or have in his possession poison or drugs generally used for taking or killing game when he is engaged in hunting operations.

(2) Notwithstanding subsection (1), any person may, with the permission of the Director, possess and use poison or drugs to take or kill predatory animals." 3. Subparagraph (

i) of paragraph (

a) of sub­ section (1) of

section 8 of the said Ordinance is repealed and the following substituted therefor: 46

GAME "(

i) a non-automatic rifle if .24 cali­ bre or larger, or" 4. Subsection (1) of

section 10 of the said Ordin- ance is repealed and the following substituted therefor: "10. (1 ) No person shall (

a) hunt game from or by means of an aircraft; or (

b) from an aircraft in flight, locate game birds or big game and communicate the location or approximate location there­ of by any signal to any person on the ground or in a vehicle, for the purpose of hunting such game birds or big game. (la) Nothing in subsection (1) shall be deemed to prohibit a hunter, trapper, guide or outfitter from making use of an aircraft as means of transportation between the settlement in the Territory where he is outfitted and his principal base camp." 5. The said Ordinance is further amended by add­ ing thereto, immediately after

section 10 thereof, the follow­ ing section: "lOA. No person shall hunt, transport big game or hunters by helicopter with the exception of hunters requiring medical aid." 6. Sections 12 and 13 of the said Ordinance are repealed and the following substituted therefor: "12. No person shall have in his possession game killed, taken, bought or obtained by barter, in violation of this Ordinance or the regulations. CHAP. 11' Aircraft. Use of air­ craft for transporta· tion. Helicopter. Possession of g8me. 13.

(1) Subject to subsection (2), no person shall Sale of (

a) buy, sell or barter, or (

b) offer to buy, sell or barter any big game, game birds or parts thereof.

(2) The Director may grant permission to any person to buy, sell or barter the antlers, horns or cape of any big game. 47 game pro­ hihited. When sale of antlers, horns or cape allowed.

CHAP. 11 When killing of game prohihited. When con­ sumption of game prohibited. EIception. Obstructing agame gUGrdian. Bantlag big game pro· hibited. Taking or killing big game and game birds. Idem. GAME 13A. No person shall kill or offer to kill for gain or reward any big game or game birds. 13B.

(1) Subject to subsection (2), no game or parts thereof shall be served for food at any hotel, restaurant, public dining room, school, mission, hostel, hospital, camp or dining room of a mining, logging, construction or other commercial or industrial establishment, with a meal for which a charge is made either directly or indirectly.

(2) Game or parts thereof may be served for food at missions in the settlement of Old Crow."

Section 14 of the said Ordinance is amended by adding thereto the following subsection: "

(3) Any person who obstructs or interferes with a game guardian or deputy game guardian in the performance of his duties under this Ordinance is guilty of an offence." 8. The heading immediately preceding

section 15 and sections 15 and 16 of the said Ordinance are repealed and the following substituted therefor: "BIG GAME AND GAME BIRDS 15. No person shall hunt, take, wound or kill big game that are wild by nature and in a state of nature unless he authorized to do so by this Ordinance or by a licence or permit issued under this Ordinance. 16. No person shall take or kill big game or game birds except in accordance with the regulations." 9. The heading preceding

section 19 of the said Ordinance is repealed.

Section 19 of the said Ordinance is amended by adding thereto the following subsections: "

(2) No person shall hunt, take, wound or kill big game in the period commencing one-half hour after sunset, and ending one-half hour before sunrise on the next day. 48

GAME

(3) No person shall hunt, take, wound or kill any big game or game bird that is upon or over land enclosed by a fence or land under cultivation or on which buildings are erected, or enter upon such land for the pupose of doing so without the consent of the owner or occupant of the land. (4) Subsection (3) does not apply with respect to lands described therein unless signs, at least twelve inches long and ten inches wide, stating "Hunting and Shooting Prohibited" or words of like effect, are placed in a prominent position at each corner of the land and along each boundary at intervals of not more than one­ half mile.

(5) No person shall erect or place or cause to be erected or placed a sign referred to in subsection (3) at any corner or along the boundary of any land of which he is not the owner or occupant unless he has the consent of the owner or occupant to do so.

(6) No person shall tear down, remove, damage, deface or cover up a sign referred to in subsection (3) that has been erected or placed by or with the consent of the owner or occupant of the land." 11. The said Ordinance is further amended by add­ ing thereto, immediately after

section 19 thereof, the follow­ ing section: "19A.

(1) The Director may issue a licence to export big game and game birds.

(2) No person shall ship or remove any big game or game birds from the Territory, except under a licence issued under subsection (1).

(3) No export licence shall be issued under sub­ section (1) to a person who is not a resident unless (

a) a hunting licence, completed and signed by the outfitter or guide in charge of the party of which that person is a member, is produced; and (

b) the trophy fees set out in

Schedule A are paid." 49 CHAP. 11 Signs required. Erection of signs. Defacing or removal of signa .. Game expor' licence prohihition. Restrictions.

CHAP. 11 Game'birds and others protected. T, .. :idcrmist licence. POBsessioD of game. Receipt book. Inspection and copy. GAME

Section 20 of the said Ordinance is repealed and the following substituted therefor: "20. Except as authorized by this Ordinance, no person shall hunt, take, wound or kill any game birds or other birds that are wild by nature or molest, injure, destroy or take the nests or eggs of any such birds."

Section 26 of the said Ordinance is amended by striking out the word "and" at the end of paragraph "p" thereof and by adding thereto the following paragraphs: "(

r) taxidermist licence under

section 38A; and (

s) private game farm licence under sec­ tion 65." 14. The said Ordinance is further amended by add­ ing thereto, immediately after

section 38 thereof, the following sections: "38A. No person shall do business as a taxidermist unless he has a licence from the Director authorizing him to do so. 38B.

(1) No taxidermist shall have game in his pos­ session for the purpose of preserving, mounting, stuff­ ing or selling it, without also having a statement signed by the owner or person from whom it was procured that such game was legally obtained by such owner or person.

(2) Every taxidermist shall keep a duplicate receipt book in which he shall record all game received for the purpose or preserving, mounting, stuffing or selling.

(3) The duplicate receipt book referred to in subsection (2) shall be made available for inspection by a game guardian at any reasonable time and a copy of such book shall be submitted each year to the Director." 15. Subsection (2) of

section 42 of the said Ordin- ance is repealed and the following substituted therefor: 50

GAME "

(2) The Director may, upon application there­ for, issue an assistant guide licence to a Canadian citizen who can satisfy the Director that (

a) he is physically sound and of good character; and (

b) he has sufficient knowledge of (

i) the area to be hunted in, (ii) hunting methods, (iii) care of trophies in the field, (iv) first aid, and (

v) this Ordinance and the regula­ tions." 16. Sections 65 to 69 of the said Ordinances are re- pealed and the following substituted therefor: CHAP. 11 Qualifica­ tlODS. "65.

(1) The Director may, upon application there- K~:;:e".:'nd for, issue a licence to any :resident to operate a fur f:!~jfc~:~~ farm or. private game farm.

(2) No person shall operate a fur farm or private game farm without a licence authorizing him to do so. 66. No person other than a game guardian shall, without the consent of the owner of a fur farm or private game farm, enter upon such fur farm or private game farm or go within twenty-five yards of the pens or dens of game thereon if notices forbidding trespass­ ing on the premises are posted upon such pens or dens and the words thereon are plainly visible from a dis­ tance of not less than twenty-five yards. 67. Where notices have been posted in accord­ ance with

section 66, the owner or caretaker of a fur farm or private game farm may kill any dog found terrifying captive game within twenty-five yards of their pens or dens. 68.

(1) The Director, upon application therefor, may issue licence to take wild live game for propaga­ tion, display or export.

(2) No person shall take or keep wild live game animals in captivity 'for propagation, display or export without first obtaining a licence pursuant to subsection (1). 51 Idem. Unanthor­ !zed entry forbidden. May km dog telTify­ ing captive game. Licence to take live game. Idem.

CHA~. 11 Tak;ngof wHdgame. L;cence to ~,:r'::~~8. Certl8cate of health. GAME 69. Wild live game, whether taken for propaga­ tion, display or export, shall be taken only during the period and in the numbers specified in the licence and by the use of box traps or other devices approved by the Director."

Section 72 of the said Ordinance is repealed and the following substituted therefor: "72.

(1) No person shall import into the Territory (

a) a fur-bearing animal, or (

b) an animal normally wild by nature and foreign to the Territory, without a licence from the Director authorizing such import.

(2) The Director shall not issue a licence under subsection (1) unless the applicant produces a certifi­ cate of health signed by a veterinarian in respect of the animal to be imported." 18. Subsection (1) of

section 80 of the said Ordin­ ance is amended by striking out the word "and" at the end of paragraph (

e) thereof, by repealing paragraph (

f) thereof and by sustituting therefor the following para­ graphs: "(

f) respecting the operation of private game farms; and (

g) respecting any other matter the regu­ lation of which the Commissioner deems necessary or advisable in order to carry out effectively the purposes and pro­ visions of this Ordinance."

Section 81 of the said Ordinance is amended by striking out the word "and" at the end of paragraph (

a) thereo'f, by adding the word "and" at the end of paragraph (

b) thereof and by adding thereto the following paragraph: "(

c) one or more persons to act as honorary game guardians."

Section 82 of the said Ordinance is repealed and the following substituted therefor: 52

GAME "82.

(1) The person who from time to time holds office as Director is a game guardian.

(2) Every person who, from time to time, is (

a) a member of the Royal Canadian Mounted Police; (

b) an outfitter or chief guide while en­ gaged in outfitting or guiding hunters in the Territory; (

c) a forest officer app!)inted under the Forest Protection Ordinance; or (

d) a fishery officer appointed under the Fisheries Act of Canada is a deputy game guardian."

Section 84 of the said Ordinance is repealed and the following substituted therefor: "84.

(1) Every game guardian, deputy game guard- ian and honorary game guardian has the powers of a commissioner for taking affidavits in and for the Ter­ ritory in relation to all matters coming within the provisions of this Ordinance.

(2) Every game guardian and deputy game guardian has the authority to enforce and carry out the provisions of this Ordinance and the regulations.

(3) Every honorary game guardian has the authority of a game guardian to the extent prescribed by the Commissioner." 22. Sections 86 to 88 of the said Ordinance are repealed and the following substituted therefor: "86. A!ly game guardian or deputy game guard- ian who finds a person committing an offence against this Ordinance or. the regulations may arrest that person without warrant. 86A.

A game guardian or deputy game guardian who finds a person during a closed season on other than his own property carrying a gun as if it were intended for use may, without warrant, search the clothing, vehicle, boat, aeroplane or other conveyance and the camp of such person. 53 CHAP. 11 Game guardians. Ex officio deputf game guardIans. Guardiana to be commissioners of oath •. Authorit7 of deput7 game guardian. Authorit7 of honorar7 game guardian. Arrest without warrant. Search without warrant.

CHAP. 11 Idem. Search vehicle. IlIformatioll alld search warrant. Form. Seizure of game. GAME 86B. A game guardian or deputy game guardian who has reasonable grounds to believe that an offence has been committed under this Ordinance or the regu­ lations may, without warrant, search any person upon whom, and any vehicle, boat or other conveyance upon or in which, he believes evidence of such offence may be found. 86C. Any person who is in charge of or operating a vehicle, upon being requested or signalled to stop by a game guardian or deputy game guardian, shall (

a) bring or cause his vehicle to be brought to a stop, (

b) permit such guardian to search the vehicle, and (

c) furnish such guardian with any infor­ mation he may require in the fulfilment of his duties. 86D.

(1) Where a game guardian or deputy game guardian shows a justice of the peace that he has reasonable cause to suspect that game has been taken in violation of this Ordinance or the regulations and is concealed in a dwelling, house, building, camp, garden, yard or other place, the justice of the peace may issue a warrant authorizing and requiring such guardian to search the place and, if the game is found therein, to seize and bring it before him or before some other justice of the peace.

(2) Any information under subsection (1) shall be in form A of

Schedule D and a search warrant issued under that subsection shall be in form B of

Schedule D. SEIZURE AND FORFEITURE. 87.

(1) All game taken, caught, killed or had in possession in violation of this Ordinance and all nests, eggs or parts thereof taken or had in possession in violation of this Ordinance, together with all game that are legally taken, caught, killed or had in possession and are intermixed therewith, shall, upon being found by a game guardian or deputy game guardian, be forth­ with seized by him and taken before a justice of the peace. 54

GAME

(2) All guns, ammunition, traps, boats, skiffs, canoes, punts and vessels of every description, horses, dogs, wagons, sleighs, motor vehicles and other outfits, decoys and appliances and materials of every kind used in violation of or for the purpose of violating this Ordinance may, upon being found by a game guardian or deputy game guardian, be forthwith seized by him and, if seized, shall be taken before a justice of the peace. 88.

Where a person refuses to submit any paper, records, documents or books of account to a game guardian or deputy game guardian for inspection as required under this Ordinance, such guardian, upon obtaining a warrant therefor, may seize such paper, records, documents or books of account." 23.

(1) All that portion of

section 1 of

Schedule A to the said Ordinance following subparagraph (iii) of paragraph (

b) thereof is repealed and the following substituted there­ for: "(iv) any other resident _. ______________ $5.00 (

v) a non-resident Canadian (

A) to take two big game trophies ________________ 50.00, and (

B) to take additional trophies, each _____________ 25.00 (vi) a non-resident alien (

A) to take two big game trophies ______________ 100.00, and (

B) to take additional trophies, each ______________ 25.00 (

c) Licence to hunt game birds only, if issued to (

i) a resident _______________________________ 2.00 (ii) a resident in the Province of Al­ berta or the Province of British Columbia upon production of a valid and SUbsisting game bird licence issued to him in the Prov- ince where he resides ____ 2.00, and 55 CHAP. 11 Seizure of equipment. Seizure of records and documents.

CHAP. 11 GAME (Hi) any non-resident except as pro­ vided in subparagraph (ii) __ 10.00 (

d) Licence to hunt spring bear if issued to (

i) a non-resident Canadian _____________________ 25.00, and (ii) a non-resident alien ____________ 50.00"

(2) Section 11 of

Schedule A to the said Ordinance is repealed and the following substituted therefor: "11. Licence to take live animals __________ 2.00"

(3) Schedule A to the said Ordinance is further amended by adding thereto the following sections: "16. Private game farm licence __________ 25.00 17. Taxidermist licence ________ 25.00" 24. The said Ordinance is further amended by add- ing thereto the following Schedule: 56

GAME "SCHEDULE D" FORM A. INFORMATION TO OBTAIN SEARCH WARRANT.

CANADA Yukon Territory The information of A.B. of in the Yukon Territory, a game guardian or deputy game guardian appointed under and by virtue of the Game Ordinance, taken this day of 19 , before the undersigned, one of Her Majesty's justices of the peace in and for the Yukon Territory, states that such guardian has reasonable cause to suspect and does suspect that (describe things to be searched for) has (or have) been taken in violation of the Game Ordinance and is (or are) concealed in the (dwelling, house, etc.) of C.D. of in the Yukon Territory (here add the cause of suspicion) : Wherefore he prays that a search warrant may be granted to him to search the (dwelling houses, etc.) of C.D. for the (describe things to be searched for).

Sworn (or affirmed) on the day and year first above mentioned at in the said Yukon Territory before me. E. F. A. Justice of the Peace in and for Yukon Territory 57 CHAP. 11

CHAP. 11 GAME FORM B SEARCH WARRANT. CANADA Yukon Territory To all or any of the game guardians under and by virtue of the Game Ordinance.

Whereas it appears on the oath of A.B. of that there is reason to suspect that (describe things to be searched for) have been taken in violation of the Game Ordinance and are concealed in the (dwelling house, etc.) of C.D. of, in the Yukon Territory. This is, therefore, to authorize and require you to enter into such premises and to search for such things and to bring them before me or some other justice of the peace in and for the Yukon Territory. Given under my hand and seal at in the said Yukon Territory this day of 19 58 E. F. A. Justice of the Peace in and for Yukon Territory

SCHOOL

CHAPTER 12 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO AMEND THE SCHOOL ORDINANCE (Assented to May 19th, 1967) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. Subsection (2) of

section 78 of the School Ordinance is repealed and the following substituted there­ for: ..

(2) The school year shall consist of two terms, the first term commencing on the first day of September or on a day to be fixed by the Commissioner and ending on Friday of the week immediately preceding the week that includes Christmas Day, and the second term commencing on the third day of January or if the third day of January in any year is a Saturday or a Sunday, on the fourth or fifth day of January in that year." 59 CHAP. "12 O.Y.T. 1962 (lat) c.1. " 1964 (1u) c.1 1965 (lat, c.S. 1966 (lst) c.6. 1966 (2Dd") c.9. Terms of school yeQr.

CHAP. 13 O.Y.T. 1961 (2nd) c.D; 1962 (lst) c.12.; 1964 (1st) c.2; 1965 (2nd) c.B; 1966 (1st) (c.D. YUKON HOUSING

CHAPTER 13 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINACE TO AMEND THE YUKON HOUSING ORDINANCE (Assented to M ay 19th, 1967) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. Paragraph (

b) of subsection (3) of

section 3 of the Yukon Housing Ordinance is repealed and the following substituted therefor: .. (

b) bear interest at a rate fixed by order of the Commissioner." 60

Low COST HOUSING

CHAPTER 14 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO AMEND THE LOW COST HOUSING ORDINANCE (Assented to M ay 19th, 1967) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: CHAP. 14 O.Y.T. 1982 (1st) c.1 ; 1968 (1st) c.8j 1988 (lit) c.7; 1988 (lInd) c.n. 1. Paragraph (

c) of subsection (3) of

section 3 1988 (1st) of the Low Cost Housing Ordinance is repealed and the c.7. following substituted therefor: .. (

c) bear interest at a rate fixed by order of the Commissioner." 61

CHAP. 15 R.O.Y.T. 1958; c.S7; 1959 (1st) c.4 ; 1962 (5th) c.7; 1968 (2nd) c.s. "Accidental death ID8uranee u ~ "Accident IDsurance" . "Disability insurance" . INSURANCE

CHAPTER 15 ORDINANCES OF THE YUKON TERRITORY 1967 (First Session) AN ORDINANCE TO AMEND THE INSURANCE ORDINANCE (Assented to M ay 19th, 1967) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1.

(1) Paragraph (

a) of

section 2 of the Insurance Ordinance is repealed and the foJlowing substituted there­ for: Cl (a) "accidental death insurance" means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of death by accident of the person whose life is insured; (ab) "accident insurance" means insurance by which the insurer undertakes, other­ wise than by and incidentally to some other class of insurance defined by or under this Ordinance, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;"

(2) Paragraphs (

h) to (

k) of

section 2 of the said Ordinance are repealed and the following substituted there­ for: 62 Cl (h) "disability insurance" means insurance undertaken by an insurer as part of a

(

i) INSURANCE contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease; "fire insurance" means insurance, not being insurance incidental to some other class of insurance defined by or under this Ordinance, against loss or damage to property through fire, lightn­ ing or explosion due to ignition; (j) "foreign jurisdiction" means any juris­ diction other than the Territory; (k) "fraternal society" means a society, order or association incorporated for the purpose of making with its mem­ bers only, and not for profit, contracts of life, accident or sickness insurance in accordance with its constitution, by­ laws and rules and this Ordinance;"

(3) Paragraph (

p) of

section 2 oUhe said Ordinance is repealed and the following substituted therefor: CHAP. 15 UFire insuraDce" . "Foreign jurisdiction" . "Fraternal society" . "(p) "insurer" means a person who under- "Inlurer". takes or agrees or offers to undertake a contract;"

(4) Paragraph (

r) of

section 2 of the said Ordinance is repealed and the following substituted therefor: "(r) "life insurance" means insurance whereby an insurer undertakes to pay insurance money, (

i) on death, (ii) on the happening of an event or contingency dependent on human life, (Hi) at a fixed or determinable future time, or 63 "Life insuTBDce" .

CHAP. 15 Qualification to carry on business of Insurance. Offence.

Definitions. "Application" . "BeDeficiary" . "Oontract U • INSURANCE (iv) for a term dependent on human life, and without restricting the generality of the· foregoing, includes accidental death insurance but not accident in­ surance." 2. The said Ordinance is further amended by ad­ ding thereto, immediately after

section 2 thereof, the follow­ ing section: "2A.

(1) A company registered under the Canadian and British Companies Act or the Foreign Insurance Companies Act and any underwriter or syndicate of underwriters that is a member of the association known as Lloyd's of London, England, may, subject to this Ordinance, carry on the business of insurance in the Territory.

(2) Every insurer carrying on the business of insurance in the Territory without being so authorized pursuant to subsection (1) is guilty of an offence and liable on

summary conviction to a fine of fifty dollars for every day during which it continues to carry on the business of insurance in the Territory." 3.

Part IV of the said Ordinance is repealed and the following substituted therefore: 53. 64 "Part IV. LIFE INSURANCE.

Interpretation. In this Part, (a) "application" means an application for insurance or for the reinstatement of insurance; (b) "beneficiary" means a person, other than the insured or his personal repre­ sentative, to whom or for whose benefit insurance money is made payable in a contract or by a declaration; (c) "contract" means a contract of life in­ surance;

INSURANCE (d) "court" means the Territorial Court of the Territory or a judge thereof; (e) "creditor's group insurance" means in­ surance effected by a creditor in respect of the lives of his debtors whereby the lives of the debtors are insured several­ ly under a single contract; CHAP. 15 IICreditor's e::!anee". (f) "declaration" means an instrument signed "Declaration". by the insured, (g) (h) (i) (

i) with respect to which an endorsement is made on the policy, or (ii) that identifies the contract, or (iii) that describes the insurance or insur­ ance fund or a part thereof, in which he designates, or alters or revokes the designation of, his personal represent­ ative or a beneficiary as one to whom or for whose benefit insurance money is to be payable; "family insurance" means insurance where­ by the lives of the insured and one or more persons related to him by blood, marriage or adoption are insured under a single contract between an insurer and the insured; "group insurance" means insurance, other than creditor's 'group insurance and family insurance, whereby the lives of a number of persons are insured severally under a single contract between an insurer and an employer or other person; "group life insured" means a person whose life is insured by a contract of group insur­ ance but does not include a person whose life is insured under the contract as a person dependent upon, or related to, him; (j) "instrument" includes a will; (k) "insurance" means life insurance; 65 "Family iDsurance" .

"Group insuranee" . "Group life insured ll •

CHAP. 15 "Insured 11. "Life illsurance" . "Will". Application. Beneficiary for '·Blue. PreCerred beneficiary. INSURANCE (1) "insured" (

i) in the case of group insurance, means, in the provisions of this Part relating to the designation of beneficiaries and the rights and status of beneficiaries, the group life insurance, and (ii) in all other cases, means the person who makes a contract with an insurer; (m) "life insurance" includes disability insurance and accidental death insurance; and (n) "will" includes a codicil. Application of Part. 54.

(1) Notwithstanding any agreement, condition or stipulation to the contrary, this Part applies to a contract made in the Territory on or after the day on which this

section comes into force, and, subject to subsections (2) and (3), applies to a contract made in the Territory before that day.

(2) The rights and interests of a beneficiary for value under a contract that was in force immediately prior to the day on which this

section comes into force are those provided in

Part IV of the Insurance Ordinance then in force.

(3) Where the person who would have been entitled to the payment of insurance money, if the money had be­ come payable immediately prior to the day on which this

section comes into force, was a preferred beneficiary within the meaning of

Part IV of the Insurance Ordinance then in force, the insured may not, except in accordance with that Part, (

a) alter or revoke the designation of a benefici­ ary; or (

b) assign, exercise rights under or in respect of, surrender or otherwise deal with the contract; but this subsection does not apply after a time at which the insurance money, if it were then payable, would be payable wholly to a person other than a preferred benefici­ ary within the meaning of that Part. 66

INSURANCE 55. In the case. of a contract of group insurance made with an insurer authorized to transact insurance in the Territory at the time the contract was made, this Part applies in determining 56. (1) a policy. (2) (

a) the rights and status of beneficiaries if the group life insured was resident in the Terri­ tory at the time he became insured; and (

b) the rights and obligations of the group life insured if he was resident in the Territory at the time he became insured. Issuance of Policy and Contents Thereof An insurer entering into a contract shall issue Subject to subsection (3), the provisions in (

a) the application, (

b) the policy, (

c) any document attached to the policy when issued, and (

d) any amendment to the contract agreed upon in writing after the policy is issued, constitute the entire contract.

(3) In the case of a contract made by a fraternal society, the policy, the Ordinance or instrument of incorpor­ ation of the society, its constitution, by-laws and rules, and the amendments made from time to time to any of them, the application for the contract and the medical statement of the applicant constitute the entire contract.

(4) A copy of the application for the contract shall, upon the request of the insured or the claimant under the contract, be furnished by the insurer to the insured or claimant, as the case may be. 57.

(1) This

section does not apply to (

a) a contract of group insurance; (

b) a contract of creditor's group insurance; or (

c) a contract made by a fraternal society.

(2) An insurer shall set forth the following particu­ lars in the policy: 67 CHAP. 15 Application to group insurance contrn.'. Policy to be issued. Content8 of contraot. Contents . of frateTnDI contract. Copy of. nppli.nt\on. ParticulllT8 required in policy.

CHAP. 15 INSURANCE Partlcbl8rs required in group or credItor's group policy. (

a) the name or a sufficient description of the insured and of the person whose life is insured; (

b) the amount, or the method of determining the amount, of the insurance money payable, and the conditions under which it becomes payable; (

c) the amount, or the method of determining the amount, of the premium and the period of grace, if any, within which it may be paid; (

d) whether the contract provides for participa­ tion in a distribution of surplus or profits that may be declared by the insurer; (

e) the conditions upon which the contract may be reinstated if it lapses; and (

f) the options, if any, (

i) of surrendering the contract for cash; (ii) of obtaining a loan or an advance pay­ ment of the insurance money; and (iii) of obtaining paid-up or extended in­ surance. 58. In the case of a contract of group insurance or of creditor's group insurance, an insurer shall set forth the following particulars in the policy: (

a) the name or a sufficient description of the insured; (

b) the method of determining the persons whose lives are insured; (

c) the amount, or the method of determining the amount, of the insurance money payable, and the conditions under which it becomes payable; (

d) the period of grace, if any, within which the premium may be paid; and (

e) whether the contract provides for participa­ tion in a distribution of surplus or profits that may be declared by the insurer. 68

INSURANCE 59. In the case of a contract of group insurance, an insurer shall issue, for delivery by the insured to each group life insured, a certificate or other document in which is set forth the following particulars: (

a) the name of the insurer and an identification of the contract; (

b) the amount, or the method of determining the amount, of insurance on the group life insured and on any person whose -life is insured under the contract as a person de­ pendent upon or related to him; and (

c) the circumstances in which the insurance terminates and the rights, if any, upon such termination, of the group life insured and of any person whose life is insured under the contract as a person dependent upon, or related to, him. 60.

(1) Subject to subsection (2), where at the time a contract would otherwise take effect the insured has no insurable interest, the contract is void.

(2) A contract is not void for lack of insurable interest, (

a) if it is a contract of group insurance; or (

b) if the person whose life is insured has con­ sented in writing to the insurance being placed on his life.

(3) Where the person whose life is insured is under the age of sixteen years; consent to insurance being placed on his life may be given by one of his parents or by a person standing in loco parentis to him. 61. Without restricting the meaning of the expres­ sion "insurable interest", a person has an insurable interest in his own life and in the life of (

a) his child or grandchild; (

b) his spouse; (

c) any person upon whom he is wholly or in part dependent for, or from whom he is receiving, support or education; 69 CHAP. 15 Certificate and particulars. InsUl'ahle interest required. El<ceptionB_ Consent for person UDder sixteen years. Who has inBurahld interest.

CHAP. 15 INSURANCE When contract doe. not take effect. Deemed to have been delivered. When promi.e to f:rrl~I~~. When remittance deemed to be received. Others who may pay premium. Period of grace. (

d) his employee; and (

e) any person in the duration of whose life he has a pecuniary interest. 62.

(1) Subject to any provision to the contrary in the application or the policy, a contract does not take effect unless, (

a) the policy is delivered to an insured, his assign or agent, or to a beneficiary; (

b) payment of the first premium is made to the insurer or its authorized agent; and (

c) no change has taken place in the insurability of the life to be insured between the time the application was completed and the time the policy was delivered.

(2) Where a policy is issued on the terms applied for and is delivered to an agent of the insurer for un­ conditional delivery to a person referred to in paragraph (

a) of subsection (1) it shall be deemed, but not to the prejudice of the insured, to have been delivered to the insured. 63.

(1) Where a cheque or other bill of exchange, or a promissory note or other written promise to pay, is given for the whole or part of a premium and payment is not made according to its tenor, the premium or part thereof shall be deemed not to have been paid.

(2) Where a remittance for or on account of a prem­ ium is sent in a registered letter to an insurer, the remitt­ ance shall be deemed to have been received at the time of the registration of the letter. 64.

(1) Except in the case of group insurance, an assignee of a contract, a beneficiary or a person acting on behalf of one of them or of the insured may pay any premium that the insured is entitled to pay.

(2) Where a premium, other than the initial prem­ ium, is not paid at the time it is due, the premium may be paid within a period of grace of 70

INSURANCE (

a) thirty days or, in the case of an industrial contract, twenty-eight days, from and ex­ cluding the day on which the premium is due; or (

b) the number of days, if any, specified in the contract for payment of an overdue prem­ ium, whichever is the longer period.

(3) Where the happening of the event upon which the insurance money becomes payable occurs during the period of grace and before the overdue premium is paid, the contract shall be deemed to be in effect as if the premium had been paid at the time it was due, but the amount of the premium, together with interest at the rate specified in the contract, but not exceeding six per cent per annum, and the balance, if any, of the current year's premium may be deducted from the insurance money. 65.

(1) An applicant for insurance and a person whose life is to be insured shall each disclose to the insurer in the application, on a medical examination, if any, and in any written statements or answers furnished as evidence of insurability, every fact within his knowledge that is materi­ al to the insurance and is not so disclosed by the other.

(2) Subject to

section 66, a failure to disclose or a misrepresentation of, such a fact renders the contract void­ able by the insurer. 66.

(1) This

section does not apply to a misstatement of the age or to disability insurance.

(2) Subject to subsection (3), where a contract has been in effect for two years during the lifetime of the person whose life is insured, a failure to disclose, or a misrepresentation of, a fact required to be disclosed by

section 65 does not, in the absence of fraud, render the contract voidable.

(3) In the case of a contract of group insurance, a failure to disclose, or a misrepresentation of, such a fact in respect of a person whose life is insured under the contract does not render the contract voidable, but, if evidence of insurability is specifically requested by the insurer, the 71 CHAP. 15 When contract matures in grace period. Disclosure of material facts. Contract .. oidable. Application. When non­ disclosllre ormis­ representation not voidable. In case of !!rollp l'D8uraDce.

CHAP. 15 When contract voidable for non·disclosure or misrepre­ sentation. Application. Mi .. tatement of age of insured. Where insurable age is limited. Misstatement of age In case of r::::sDce. Suicide cover. Suicide limitation. INSURANCE insurance in respect of that person is voidable by the in­ surer unless it has been in effect for two years during the lifetime of that person in which event it is not, in the ab­ sence of fraud, voidable. 67.

Where an insurer fails to disclose, or mis­ represents a fact material to the insurance, the contract is voidable by the insured, but, in the absence of fraud, the contract is not by reason of such failure or misrepresent­ ation voidable after the contract has been in effect for two years. 68.

(1) This

section does not apply to a contract of group insurance or of creditor's group insurance.

(2) Subject to subsection (3), where the age of a person whose life is insured is misstated to the insurer, the insurance money provided by the contract shall be increased or decreased to the amount that would have been provided for the same premium at the correct age.

(3) Where a contract limits the insurable age, and the correct age of the person whose life is insured at the date of the application exceeds the age so limited, the contract is, during the lifetime of that person but not later than five years from the date the contract takes effect, voidable by the insurer within sixty days after it discovers the error. 69. In the case of a contract of group insurance or of creditor's group insurance, a misstatement to the insurer of the age of a person whose life is insured does not of itself render the contract voidable, and the provisions, if any, of the contract with respect to age or misstatement of age apply. 70.

(1) Where a contract contains an undertaking, ex­ press or implied, that insurance money will be paid if a person whose life is insured commits suicide, the under­ taking is lawful and enforceable.

(2) Where a contract provides that in case a person whose life is insured commits suicide within a certain period of time the contract is void or the amount payable under it is reduced, if the contract lapses and is subsequent­ ly reinstated on one or more occasions, the period of time commences to run from the date of the latest reinstatement. 72

INSURANCE 71.

(1) This

section does not apply to a contract of group insurance or to a contract made by a fraternal society.

(2) Where a contract lapses and the insured within two years applies for reinstatement of the contract, if with­ in that time he (

a) pays the overdue premiums and other in­ debtedness under the contract to the insurer, together with interest at the rate specified in the contract, but not exceeding six per cent per annum, compounded annually, and (

b) produces (

i) evidence satisfactory to the insurer of the good health, and (

H) other evidence satisfactory to the in­ surer of the insurability, of the person whose life is insured, the insurer shall reinstate the contract. CHAP. 15 Application. Reinstate· ment of contract. (3) Subsection (2) does not apply where the cash Exception. surrender value has been paid or an option of taking paid- up or extended insurance has been exercised.

(4) Sections 65 and 66 apply mutatis mutandis to ~l':~!~r:!~n reinstatement of a contract. 65 and 66. Designation of Beneficiaries. 72.

(1) An insured may in a contract or by a declaration Designation of benefic!· designate hIS personal representative or a beneficiary to aries. receive insurance money.

(2) Subject to

section 73, the insured may from time Changing of designation. to time alter or revoke the designation by declaration.

(3) A designation in favour of the "heirs", "next of kin" or "estate" of the insured, or the use of words of like import in a designation shall be deemed to be a designation of the personal representative of the insured. 73.

(1) An insured may in a contract, or by a declaration, other than a declaration that is part of a will, filed with the insurer at its head or principal office in Canada during the life-time of the person whose life is insured, designate a beneficiary irrevocably and in that event the insured, while the beneficiary is living, may not alter or revoke the desig- 73 Designation of estate or like designation. Irrevocable designation.

CHAP. 15 Effect of failure to file. De8i~nat.ioD ill will. Later designation. Re\·ocation of will. Revocation by operation of Inw. ~n~:t~r;:ent for beneficiary. Discharge of life insurer. "'''here a beneficiary predeceases life insured. INSURANCE nation without the consent of the beneficiary and the insurance money is not subject to the control of the insured or of his creditors and does not form part of his estate.

(2) Where the insured purports to designate a beneficiary irrevocably in a will or in a declaration that is not filed as provided in subsection (1), the designation has the same effect as if the insured had not purported to make it irrevocable 74.

(1) A designation in an instrument purporting to be a will is not ineffective by reason only of the fact that the instrument is invalid as a will, or that the designation is invalid as a bequest under the will.

(2) Notwithstanding the Wills Ordinance, a designa,. tion in a will is of no effect against a designation made later than the making of the will.

(3) Where a designation is contained in a will, if subsequently the will is revoked by operation of law or otherwise, the designation is thereby revoked.

(4) Where a designation is contained in an instru­ ment that purports to be a will, if subsequently the instru­ ment if valid as a will would be revoked by operation of law or otherwise, the designation is thereby revoked. 75.

(1) An insured may in a contract or by a declar­ ation appoint a trustee for a beneficiary and may alter or revoke the appointment by a declaration.

(2) A payment made by an insurer to a trustee for a beneficiary discharges the insurer to the extent of the payment. 76.

(1) Where a beneficiary predeceases the person whose life is insured; and no disposition of the share of the deceased beneficiary in the insurance money is provided in the contract or by a declaration, the share is payable (

a) to the surviving beneficiary; (

b) if there is more than one surviving bene­ ficiary, to the surviving beneficiaries in equal share; or (

c) if there is no surviving beneficiary, to the insured or his personal representative. 74

INSURANCE

(2) Where two or more beneficiaries are designated otherwise than alternatively, but no division of the insur­ ance money is made, the insurance money is payable to them in equal shares. 77.

(1) A beneficiary may enforce for his own benefit, and a trustee appointed pursuant to

section 75 may enforce as trustee, the payment of insurance money made payable to him in the contract or by a declaration and in accordance with the provisions thereof, but the insurer may set up any defence that it could have set up against the insured or his personal representative. 78.

(1) Where a beneficiary is designated, the insurance money, from the time of the happening of the event upon which the insurance money becomes payable, is not part of the estate of the insured and is not subject to the claims of the creditors of the insured .

(2) While a designation in favour of a spouse, child, grandchild or parent of a person whose life is insured, or any of them, is in effect the rights and interests of the insured in the insurance money and in the contract are exempt from execution or seizure. Dealings with Contract During Lifetime of Insured. 79. Where a beneficiary (

a) is not designated irrevocably, or (

b) is designated irrevocably but has attained the age of twenty-one years and consents, the insured may assign, exercise rights under or in respect of, surrender or otherwise deal with the contract as provid­ ed therein or in this Part or as may be agreed upon with the insurer. 80.

(1) Notwithstanding the designation of a beneficiary irrevocably, the insured is entitled while living to the dividends or bonuses declared on a contract, unless the contract otherwise provides. CHAP. 15 Co·benefici· arles. Rights of beneficiary to enforce. Insuranco moneys not part of estate of insured. Protection from execution or seizure. Rights of insured in respect of contract, Right to dividends or bonus under contract.

(2) Unless the insured otherwise directs, the insurer Ap~lying divIdend. may apply the dividends or bonuses declared on the contract and bonus to for the purpose of keeping the contract in force. contrGct. 75

CHAP. 15 Assigning iD.surerts rilrhts to thIrd parties on death of inBurer. INSURANCE 81.

(1) Notwithstanding the Wills Ordinance, where in a contract or in an agreement in writing between an insurer and an insured it is provided that a person named in the contract or in the agreement has, upon the death of the insured, the rights a~d interests of the insured in the contract, (

a) the rights and interests of the insured in the contract do not, upon the death of the insured, form part of his estate; and (

b) up