ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1958 FIRST SESSION F. H. COLLINS COMMISSIONER Printed and Published for tho Government of Yukon Territory under Author ity of

Chapter 93 of the Consolidated Ordinances of 1958 . BY H. J. TAYLOR, Queen's Printer

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1958 FIRST SESSION

Chap. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 :W 21 22 23 24 25 26 27 INDEX ORDINANCES PASSED 1958 (1st Session) Title An Ordinancc Respecting Public Printing ..................... . An Ordinance Respecting Pawn Brokers and Second Hand Dealers ......................................................................... . An Ordinance Respecting Public Health ....................... . An Ordinance Respecting the Conservation of Game ... . An Ordinance to Pro\·ide for the Government Control and Sale of Alcoholic Liquor ........................................... .

An Ordinance to :Make Provision for the Purchase of Federal Government Annuities by the Yukon Territorial Govern me n t Em ployees ..................................................... _. An Ordinance Respecting the Handling and use of Explosives in the Yukon ....................................................... . An Ordinance Governing the Safe Opemtion of Mines in the Yukon Territory ............................................................... . An Ordinance Respecting the Maintenance of Parents, Deserted Wives and Children ........................................... .

An Ordinance to Repeal Certain Ordinances ................... . An Ordinance to Authorize the Commissioner of the Yukon Territory to Enter into an Agreement with the lIIinister of Citizenship and Immigration of Canada Respecting the Education of Indian Children in the Ci ty of Da wson ................. _ .................................................... . An Ordinance Respecting a Citizenship Instruction Agreement Between the Yukon Territory and the Government of Canada ....................................................... .

An Ordinance to Authorize the Commissioner to Grant a Franchise to the Yukon Electrical Company Limited for t.he Distribution of Electrical Power in the Area of Haincs Junction, in the Yukon Territory ....................... . An Ordinance to Amend the Old Age Assistance and Blind Persons Allowance Ordinance ............................... . An Ordinance to Amen() the Disabled Persons Allow· anee Ordinance ....................................................................... . An Ordinance to Amend t.he Business Licence Ordinance An Ordinance to Amend the Steam Boilers Ordinance ... .

An Ordinance to Amend the Insurance Ordinance ....... . An Ordinance to Amend the Workmen's Compensation Ordinance ................................................................................. . An Ordinance to Amend the Reciprocal Enforcement of Judgments Ordinanee ........................................................... ' An Ordinance to Amend the Saw Logs Driving Ordinanee ............................................................................ _ ... .

An Ordinanee to Amend the Elections Ordinance and to Repeal an Ordinance Respecting the Couneil of the Yukon Terri tory ................................................................... . An Ordinance to Amend the Evidence Ordinanee ....... . An Ordinance to Amend the Motor Vehicles Ordinanee An Ordinance to Amend the Fur Export Ordinance -.... An Ordinance for granting to the Commissioner Certain Sums of Money to Defray Expenses of the Public Service of the Territory ................................................... .

An Ordinance for Granting to the Commissioner Certain Additional Sums of Money to Defray the Expenses of the Public Service of the Territory ............................... . Page 1 2 6 17 52 88 90 97 115 121 122 125 127 128 130 131 132 134 147 150 151 153 155 156 159 160 168

PUBLIC PRINTING

CHAPTER 1 ORDINANCES OF YUKON TERRITORY 1958 (First Session) AN ORDINANCE RESPECTING PUBLIC PRINTING (Assented to M ay 5th, 1958) 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 Print- ing Ordinance. 2. The Commissioner may authorize the publication, in such form as he may prescribe, of an official gazette to be called the Yukon Gazette for the publication of proclama- tions, official and other notices and of all matters that are required to be published therein. 3. All advertisements, notices and documents that relate to matters within the control of the Commissioner in Council and are by any law required to be published shall be published in the Yukon Gazette unless some other mode of publication is prescribed by law. CHAP. 1

Short title. Official gazette. Publication in gazette required. 4. The Commissioner may appoint an officer who Queen's Printer. shall be known as the Queen's Printer. 5. The Queen's Printer under the direction of the Commissioner has the management and control of the print­ ing and stationery requirements of the Territory and has such other powers and shall discharge such other duties as are conferred or imposed upon him by the Commissioner. 6.

The Queen's Printer shall print and publish or cause to be printed and published the Yukon Gazette, the Ordinances of the Yukon Territory and such documents and announcements as the Commissioner may require. 7. The Public Printing Ordinance, chapter. 75 of the Consolidated Ordinances, 1914, is repealed. 1 Powers and duties 01 Queen's Printer. Idem. Repenl.

CHAP. 2 Sbort title. Pawnbroker defined. Licence required. Duration of licence. Fee. Scbedule to be poated. PAWNBROKERS AND SECOND-HAND DEALERS CHAPTER. 2 ORDIN ANCES OF YUKON TERRITORY 1958 (First Session) AN ORDINANCE RESPECTING PAWNBROKERS AND SECOND-HAND DEALERS (Assented to May 5th, 1958) 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 Pawnbrokers and Second-Hand Dealers Ordinance.

INTERPRETATION. 2. In this Ordinance, "pawnbroker" means any per­ son who takes or receives by way of pawn, pledge or exchange, any goods for the repayment of money lent thereon. PAWNBROKERS. 3.

(1) No person shall carry on the business of a pawn­ broker within the Territory unless he is the holder of a valid and subsisting licence issued therefor by the Com­ missioner, and has paid the required fee.

(2) A licence issued by the Commissioner pursuant to subsection (1) is valid until the thirty-first day of March next following the date of issue thereof, but may be renewed from year to year upon payment of the required fee.

(3) For the purposes of this section, the required fee is twenty-five dollars and shall be paid to the Territorial Treasurer. 4.

(1) Every pawnbroker shall keep posted in a con­ spicuous place in his shop or place of business a printed or clearly and legibly written

schedule of rates authorized by law to be made by such pawnbroker. 2

PAWNBROKERS AND SECOND-HAND DEALERS CHAP. 2

(2) Every pawnbroker shall keep and maintain a sign Sign. over the entrance to his shop or place of business, on which shall be painted his name in large and legible letters and underneath his name the words "Loan Office" . . 5.

(1) Every pawnbroker shall keep a record book in Record. which he shall enter at the time of each loan (

a) a description of the goods pawned; (

b) the amount lent thereon; and (

c) the name and residence of the pawner.

(2) The pawnbroker shall give a duplicate of the entry made in the record book referred to in subsection (1) to the pawner and such duplicate shall be used to redeem the pawn from the pawnbroker. Duplicnte of entry.

(3) The record book shall at all reasonable times Inspection. within business hours be open to the inspection of a peace officer. 6.

(1) Pawned goods not redeemed within one year from the date of deposit may be sold at public auction by the pawnbroker.

(2) Where any goods are being sold under this section, the pawnbroker shall, at least ten days before such sale, place a notice stating the time and place of such sale in a newspaper published or circulated in the area where the sale is to take place, or post such notice in at least two public places in the area.

(3) The pawnbroker may deduct from the proceeds of the sale of any goods under this

section the amount of the loan made on such goods together with accrued interest thereon as well as the costs of the sale, and where any money remains after making such deductions the money shall, upon demand by the person by whom the goods were deposited, be paid to that person.

(4) Every pawnbroker shall enter in a book kept by him for that purpose an account of the sale of such goods, showing (

a) the time and place of the sale; (

b) the name of the pawner; (

c) the name of the auctioneer; (

d) the proceeds of the sale; and (

e) the expenses of the sale; 3 Sole at public nuction. Notice of snle. Deduction from proceeds.

CHAP. 2 Redemption within one year. Holder deemed owner. Where entry lost. Prohibition. Licence required. Duration of licence. Fee. Record of pnrchuses. sales. etc. PAWNBROKERS AND SECOND-HAND DEALERS and the book may be examined by the pawner or his personal representative at any reasonable time. 7. Goods pawned may be redeemed at any time with­ in one year from the pawning thereof and the pawnbroker shall return the pledge upon payment of principal and interest due thereon. 8.

The holder of the duplicate entry shall be deemed the owner of the goods pawned, and the pawnbroker shall not be held liable if he delivers the goods to such holder unless he knows that the person presenting the duplicate has obtained the same fraudulently or illegally, or has found it. 9.

If the duplicate entry has been lost and is no longer in the possession of the pawner, the pawner may obtain the goods from the pawnbroker if he presents an affidavit sworn before a commissioner or other person qualified to take oaths stating that the duplicate entry has been lost and that he is still entitled to redeem such goods. 10. No pawnbroker shall take goods in pledge from a person who is under eighteen years of age knowing him to be so, or from a person apparently under the influence of alcohol.

SECOND-HAND DEALERS 11. ( 1) No person shall carry on the business of second­ hand dealer within the Territory unless he is the holder of a valid and subsisting licence issued therefor by the Commissioner, and has paid the required fee.

(2) A licence issued by the Commissioner pursuant to subsection (1) is valid until the thirty-first day of March next following the date of the issue thereof, but may be renewed from year to year upon payment of the required fee.

(3) For the purposes of this section, the required fee is twenty-five dollars and shall be paid to the Territorial Treasurer. 12.

(1) Every second-hand dealer shall keep a record of all purchases and sales, together with a brief description of the goods and the price paid or received therefor. 4

PAWNBROKERS AND SECOND-HAND DEALERS

(2) The record may be kept either in book form or by retention of counter slips, but if counter sHps are used they shall be retained on file for a period of not less than six months.

(3) The record shall at all reasonable times within business hours be open to the inspection of any peace officer. GENERAL. 13. Every person who violates any of the provisions of this Ordinance is guilty of an offence and liable on

summary conviction to a fine not exceeding fifty dollars. 14. REPEAL. The following Ordinances are repealed: (

a) The Pawn Brokers Ordinance,

chapter 70 of the Consolidated Ordinances, 1914; (

b) The Second-Hand Dealers Ordinance,

chapter 18 of the Oidinances of 1947. 5 CHA.P. 2 Form of record. Inspcction. Offence and pcnalty. Repeal.

CHAP. 3

Short title. PUBLIC HEALTH

CHAPTER 3 ORDIN ANCES OF YUKON TERRITORY 1958 (First Session) AN ORDINANCE RESPECTING PUBLIC HEALTH (Assented to May 5th, 1958) 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 Health 01"dinance. INTERPRET ATION.

Definitions. 2. In this Ordinance, "Communi­ cuble disCRSC." "Henlth Officer." "Licensed medicul prnctitioner ," "Medical Henlth Officel'," "Munici­ I)ality." "Re!;ulution." ··Sanitary [nspectol· ... (a) "communicable disease" means a disease listed in

Schedule A and any other disease that may hereafter be declared by the Commissioner to be a communicable disease; (b) "Health Officer" means a person appointed by the Commissioner to act as a Health Officer; (c) "licensed medical practitioner" means a medi­ cal practitioner as defined in the Medical Profession Ordinance; (d) "Medical Health Officer" means a licensed or duly qualified medical practitioner appointed by the Commissioner to act as a Medical Health Officer; (e) "municipality" means a municipality as de­ fined in the Municipal Ordinance; (f) "regulation" means any rule, order or regula­ tion made by the Commissioner under the authority of this Ordinance; and (g) "Sanitary Inspector" means a person ap­ pointed by the Commissioner to act as a Sanitary Inspector. 6

PUBLIC HEALTH

PART I PUBLIC HEALTH AND SANITATION. 3. The Commissioner may make rules, orders and regulations respecting (

a) the control and prevention of communicable diseases, including (

i) the reporting by every medical prac­ titioner of persons under his treatment suffering from a communicable disease, (ii) the isolation or placing in a hospital or building provided for quarantine or iso­ lation purposes, or in any other proper place, of any person suffering from a communicable disease, (iii) the detention for observation and sur­ veillance of persons who have been ex­ posed to a communicable disease, (iv) the cleansing, purification, disinfection or disinfestation of articles or things used by persons suffering from a com­ municable disease, (

v) the supply of medical aid, accommoda­ tion and medicine and such other articles or things as the Commissioner deems necessary for the mitigation of any epidemic or communicable disease, (vi) the entry into the Territory of vehicles, vessels and other conveyances, including aircraft, and their departure therefrom, and the receiving and discharging of passengers or cargoes in, on board or from the same, and (vii) the vaccination or inoculation against communicable diseases of persons or animals in the Territory and the supply and distribution of vaccine matter and serum used in performing such vaccin­ ations or inoculations; 7 CHAP.'3 Regulations of Commissioner.

PUBLIC HEALTH (

b) the location of cemeteries, the burial of un­ claimed bodies and the bodies of indigents, the interment of the dead, the conduct of funerals and the transportation of dead bodies; (

c) the location, construction, ventilation, light­ ing, heating, equipment, water supply, drain­ age, toilet and ablution facilities, excreta and garbage disposal, protection against rodents and vermin, cleansing, disinfection and disin­ festation of, and the sanitary inspection and control of (

i) buildings and premises of any kind whatsoever, and (ii) aircraft, ships, vessels and other public conveyances of any kind; (

d) the prevention and removal of insanitary conditions on public or private property; (e). the prevention of overcrowding of premises used for human occupation and places of public assembly, and specifying the amount of air space to be allowed for each individual therein; (

f) the cleansing of streets, lanes, yards, lots and other open spaces, both public and private; (

g) the location, construction, ventilation, inspec­ tion, cleansing and sanitary control of sewers, sewage systems, water closets, indoor and out­ door toilets, cesspools, soakage pits, septic tanks and pumps; (

h) the location, construction, maintenance and inspection of plumbing and plumbing systems or installations in or upon any building, struc­ ture, property or place; (

i) the control of waste disposal grounds for the disposal of excreta and garbage; (

j) the location, construction, maintenance, pur­ ification and treatment of water supplies and systems, the testing and analysis of water therefrom, the insp~ction and approval of 8

PUBLIC HEALTH sources of water supply, and the addition of such chemicals thereto as, in the opinion of the Commissioner, are considered to be in the interests of public health; (

k) the cutting, storage, distribution and sale of ice; (

I) the sanitary inspection and control of food supplies, including milk and milk products of any kind, for human consumption, and of domesticated or range animals, stables, pens or lines, and testing of animals for tuber­ culosis, infectious bovine abortion or any disease communicable to human beings; (

m) the medical and sanitary inspection and con­ trol of food handlers; (

n) the use of noxious materials including fertiliz­ ers, sprays or preservatives dangerous to the pu blic health; (0) the protection of the health of persons exposed to conditions, substances or processes occuring to any industry or occupation and that may be injurious to health; (

p) the method of carrying on noxious or offens­ ive trades or businesses and the

summary abatement of insanitary conditions or condi­ tions dangerous to the public health arising therefrom; (

q) the prevention of the pollution, defilement, discoloration or fouling of lakes, streams, rivers, ponds, pools, springs and water courses, so as to ensure their sanitary condi­ tion; (

r) the prevention, control and abatement of air pollution due to any cause; (

s) the confinement and disposition of diseased or injured animals and the disposal of dead animals; . (

t) the medical and dental inspection of school children and of the occupants of any public 9 CHAP. 3

CHAP. 3 Qunrantine Districts. PUBLIC HEALTH institutions including hostels, jails and lock­ ups; (

u) the use of hydrocyanic acid and other lethal gas or substances as an insecticide or rodent­ icide and the licensing and regulation of per­ sons engaged in the business of vermin or rodent extermination; (

v) the establishment of boards of health, the appointment of members thereto and the definition of their functions and duties; and (

w) the appointment of Medical Health Officers, Health Officers and Sanitary Inspectors and the definition of their duties, powers and functions. QUARANTINE DISTRICTS. 4.

(1) The Commissioner may by order declare any area or district in the Territory to be a quarantine district, where he has reason to believe that an epidemic of com­ municable disease exists therein.

(2) Where any area or district is declared to be a quarantine district, a Health Officer has power to (

a) prevent the ingress or egress of persons, or vehicles, vessels or other conveyances, includ­ ing aircraft, to or from the quarantine district; (

b) detain for observation and surveillance per­ sons who have been exposed to a communicable disease; and (

c) order the cleansing, purifying, disinfection or disinfestation of persons who have been exposed to a communicable disease, or of articles or things used by persons suffering from a communicable disease at the expense of the owner, occupier, custodian or person in charge or possession thereof. 10

PUBLIC HEALTH HEALTH DISTRICTS AND OFFICERS. s. ( 1) The Commissioner may by order establish within the Territory one or more Health Districts and may, for each such district, appoint a licensed or duly qualified medical practitioner as Medical Health Officer or some other suitable person as Health Officer.

(2) Every Medical Health Officer or Health Officer appointed pursuant to subsection (1) may excercise and perform all the powers, duties and functions specified in this Ordinance or the regulations.

PART 11 MEDICAL CARE OF CAMP EMPLOYEES 6. In this Part, "camp" includes a mining, prospect­ ing, fishing, lumber, dredging or construction or other camp in which any skilled or unskilled labour is employed in an area remote from hospital and medical facilities. 7. The following provisions respecting medical and surgical care apply in respect of camps having less than fifty employees, namely: (

a) the employer shall provide reasonably ade­ quate first aid equipment, medicines and sup­ plies; (

b) in camps having ten or more employees: (

i) the employer shall appoint a fully qualified first aid man possessing a St. John's Ambulance Brigade First Aid Certificate, a British Columbia First Aid Attendants Association Certificate of Qualification in First Aid or possess­ ing qualifications and experience satis­ factory to a Medical Health Officer, whose duties, in part, but not necessar­ ily in whole, shall relate to matters of first aid, sickness and sanitation, and (ii) the employer is responsible for the cost of transportation to the nearest hospital where illness or injury may be treated. 11 CHAP. 3 Health Districts. Powers nnd duties. "COlnt)" defined. Medical and 8urgicRl care where less than fifty employees.

CHAP. 3 Medicnl, Bur",icnl and hospitnl cnre where fifty or more employees. I,imitntion. Pl'o\'ision of hospHol nc· commonntion, etc., where mOTe thnn ten and less Ihlln fifty CllIplnrct:s. PUBLIC HEALTH 8. The following provisions respecting medical, sur­ gical and hospital care apply in respect of camps having fifty or more employees, namely: (

a) the employer (

i) shall contract with one or more licensed medical practitioners for the medical and surgical care of his employees, and (ii) may deduct from the pay of each em­ ployee for the payment of medical, surgical and hospital care an amount not exceeding three dollars per month; (

b) a medical practitioner who has entered into a contract under paragraph (

a) shall reside so that under normal travel conditions he is within two hours travelling time from the camp where his services are employed; (

c) where a medical practitioner has undertaken the care of more than one thousand employees the employer shall secure the services of an­ other licensed or duly qualified medical practitioner as assistant; and (

d) every medical practitioner who has a contract with an employer under paragraph (

a) shall supervise the sanitation of the camp or camps where his services are employed. 9. No liability exists under sections 7 or 8 in respect of medical, surgical or hospital expenses incurred (

a) in connection with venereal disease, insanity, cancer or tuberculosis, or in connection with any disease or injury resulting from the use of intoxicants or drugs for a period in excess of sixty days, or (

b) in connection with industrial disease or in­ juries for which provision is made in the Wm'kmen's Compensation Ordinance. 10.

(1) The following provisions respecting hospital ac­ commodation apply in respect of camps having more than ten and less than fifty employees, namely: 12

PUBLIC HEALTH (

a) in camps having from ten to twenty-five employees the employer shall provide reason­ able accommodation for accident or sickness cases; and (

b) in camps having more than twenty-five em­ ployees the employer shall provide a separate first aid or emergency hospital quarters con­ taining not less than two beds and shall provide, in addition to a first aid man, such extra nursing staff as the circumstances require

(2) The following provisions respecting hospital ac­ commodation apply in respect of camps having fifty or more employees; namely, (

a) subject to paragraph (

b) the employer shall provide suitable hospital accommodation as is specified in this Ordinance; (

b) where there is a hospital established and in operation within reasonable distance from the camp, and where in the opinion of the Com­ missioner, suitable accommodation, equipment, staff and transportation facilities are avail­ able, the employer may make arrangements with such hospital for the care of his employ­ ees and provide the necessary transportation for employees to the hospital and return in­ stead of providing a hospital at the camp.

(3) In any hospital referred to in paragraph (

a) of subsection (2) there shall be provided one hospital bed for every hundred employees but in no case shall the hospital have less than four beds.

PART III ENFORCEMENT. 11. A Health Officer may, at any reasonable time, enter any place and examine the same for any purpose relating to the enforcement of this Ordinance or the regulations. 12.

(1) Where a Health Officer is authorized to direct that any matter or thing relating to the enforcement of this 13 CHAP; 3 Where fift,. or more employee •. Accommoda­ tion. Right to enter and Hxaminc. Direction given by H.Illth OfficeI'.

~J[vcn8C8 TeCOVl~I'uhlc U8 debt. Sei;l,un~ ,111,1 dotention • . I ~ • Idem. Po\\'Ct·~ of IIenlth Officer, S:llIit.lln' IU8l-Wet'.I", assist.ullt:t', etc, l'OWCI'S or Medic .. 1 Helllth Office,', etc, 1~X'c1Jl ptioll. PUBLIC HEALTH Ordinance or the regulations be done by a person and such person fails to comply with any direction so given, the Health Officer may, with the approval of the Commissioner, direct and arrange that the matter or thing be done at the expense of such person.

(2) All expenses incurred under subsection (1) are recoverable by the Commissioner as an ordinary debt. 13.

(1) A Health Officer may, when the safety of persons appears to make it necessary, seize, detain and carry away any 'article or thing by means of which or in relation to which he has reasonable grounds for believing that any provision of this Ordinance or the regulations. has been violated.

(2) Any

article or thing seized pursuant to subsection (1) may, with the approval of the Commissioner, be de­ stroyed or otherwise disposed of at the direction of the Health Officer, except that the Health Officer shall, where he is satisfied that the provisions of this Ordinance and the regulations with respect thereto have been complied with, release any

article or thing seized by him pursuant to subsection (1) to the person from whom the same was seized. 14.

A Health Officer and a Sanitary Inspector have, for any purpose relating to the enforcement of this Ordin-: ance or the regulations, all the powers of a peace officer while acting in his capacity as such Health Officer or Sanitary Inspector and in the performance of his duties under this Ordinance or the regulations, and where any Health Officer or Sanitary Inspector is obstructed in the performance of any such duty he may call to his assistance any peace officer or other person he thinks fit, who shall give him all reasonable assistance in his power. 15.

For the purposes of this Ordinance, a Medical Health Officer has all the powers of a Health Officer. 16. The Commissioner may exempt any person or thing from all or any of the provisions of this Ordinance or the regulations, upon such terms and conditions as may be specified by the Commissioner. Oll'c"ce. 17. Every person who and ;:Hlnishmcnt. (

a) violates any of the provisions of this Ordin­ ance or the regulations; 14

PUBLIC HEALTH (

b) obstructs a Medical Health Officer, Health Officer or Sanitary Inspector in the exercis~ of his powers or in the carrying out of his duties under this Ordinance or the. regulations; (

c) neglects, fails or refuses to comply with an order or direction given to him by a Medical Officer, Health Officer or Sanitary Inspector . in the exercise of his powers or the carrying out of his duties under this Ordinance or the regulations; (

d) without the authority of a Medical Health Officer, Health Officer or Sanitary Inspector, removes, alters or interferes in any way with anything seized or detained under this Ordin­ ance; or (

e) owns, constructs, operates or maintains, as the case may be, any installation, building, place or thing mentioned in this Ordinance or the regulations that does not comply with the requirements thereof, is guilty of an offence and is liable on summar~r conviction to a fine not exceeding five hundred dollars or imprison­ ment for a term not exceeding six months, or both such fine and imprisonment. 18. The following Ordinances are repealed: (

i) An Ordinance to Prevent the Pollution of Running Streams,

chapter 72 of the Consolidated Ordinances of 1914; (ii) The Venereal Diseases Prevention 01"­ dinance,

chapter 2 of the .Ordinances of of 1943; (iii) An Ordinance to Amend the Venereal Diseases Prevention Ordinance,

chapter 13 of the Ordinances of 1944; (iv) The Yukon Health Ordinance,

chapter 7 of the Ordinances of 1948; and (

v) An Ordinance to A mend the Yukon Health Ordinance,

chapter 17 of the Ordinances of 1949 (2nd session)" 15 Repeal.

CHAP.'~3 PUBLIC HEALTH

SCHEDULE "A" COMMUNICABLE DISEASES Anthrax Brucellosis Cholera Poliomyelitis (

a) Paralytic (

b) Non-paralytic Diarrhoea of the Newborn Psittacosis (ornithosis) (infectious) Q Fever Diphtheria Dysentery (

a) Amoebic (

b) Bacillary Encephalitis (infectious) Food Poisoning Hydatid Disease Impetigo of the Newborn (Pemphigus) Infectious Hepatitis (including Serum Hepatitis) Leprosy Malaria Measles Meningococcal Meningitis and Meningcoccemia Ophthalmia Neonatorum Pertussis Plague 16 Rabies Relapsing Fever Rickettsial Infections Scarlet Fever and Streptococcal Sore Throat Smallpox Tapeworm Infestations Tetanus Trachoma Trichinosis Tuberculosis (

a) Pulmonary (

b) Meningitis (

c) Other Tularemia Typhoid-Paratyphoid Fever Venereal Disease Yellow Fever Epidemic forms of disease Unusual clinical manifest- ations of disease

GAME

CHAPTER 4 ORDINANCES OF YUKON TERRITORY 1958 (First Session) AN ORDINANCE RESPECTING THE CONSERVATION OF GAME IN THE YUKON TERRITORY (Assented to M ay 5th, 1958) 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. 4 1. This Ordinance may be cited as the Game Ordin-

Short title. ance.

PART I

INTERPRETATION AND APPLICATION

INTERPRETATION. 2.

(1) In this Ordinance,

Definitions. (a) (b) "big game" means bison (buffalo), mountain sheep, mountain goat, any member of the deer family, whether known as caribou, moose, deer, wapiti (elk) or otherwise, bear and any other animal declared by the Commissioner to be big game; "certificate of registration" means a valid and subsisting certificate of registration for a trapping or a guiding area issued under this Ordinance; "Big game." HCertificate of registration." (c) "Director" means the Director of Game; "Director." (d) "Eskimo" includes (

i) a male person who is a direct descendant "Eskimo." in the male line of a male person who is or was of the race of aborigines com- monly referred to as Eskimos, 17

CHAP. :4 I'Fur·bearing animal." "Fur farm.1t .

"Game." ··Onmc bird." dGnnle gunrdiun." GAME (ii) the legitimate child of a person describ­ ed in subparagraph (i), (iii) the illegitimate child of a female person described in subparagraph (ii), and (iv) the wife or widow of person described insubparagraph (i),. (ii), or (iii), but does not include the Eskimo wife of a person other than an Eskimo, unless she has been deserted by or divorced from that person or has become the widow of that person, ex­ cept that any person who,· upon the coming into force of this Ordinance, was considered to be an Eskimo for the purposes of the game laws of the Territory shall, unless he elects not to be so considered, be deemed to continue to be an Eskimo; (e) "fur-bearing animal" means beaver, fisher, fox, lynx, marten, mink, muskrat, otter, squirrel, weasel or ermine and any other animal declared. by the Commissioner to be a fur-bearing animal; (f) "fur farm" means a place where fur-bearing animals are kept in captivity; (g) "game" means big game, fur-bearing animals and game birds which are wild by nature and while in a state of nature and includes the head, skin or other parts thereof; (h) "game bird" means a bird of any species of the following groups: Anseriformes, common­ ly know as ducks, geese and swans; Grui­ formes, commonly know as cranes, rails and coots; Charadriiformes, commonly known as plovers, turnstones, snipe, sandpipers, cur­ lews, yellowlegs, knots, dowitchers, god wits, sanderlings and phalaropes; Galliformes, com­ monly know as grouse, partridge, ptarmigan, prairie chicken and pheasants; (i) "game guardian" means any person appointed as such under this Ordinance; 18

GAME CHAP. 4 (j) "guide" means a person who holds a chief "Guide." guide or assistant guide licence; (k) (I) "hunting" means any chasing, pursuing, worrying, following after or on the trail of, stalking, or lying in wait for the purpose of taking game, and any trapping, attempting to trap, or shooting at game, whether or not the game is .then or subsequently captured, killed or injured, and other forms of the verb "to hunt" have corresponding meanings; ,...' ~ "Indian" means a person who is· defined as . such in the Ittdian Act, atid Includes the Indian wife .of a person other . than an Indian who has been deserted by or divorced from that person or has become the widow of that person; ·'Hunting." , . . ~.' "Indian." (m) "licence" means a valid and subsisting licence "Licence." issued under this Ordinance or the regulations; (n) (0) (p) "licence year" means the period from the 1st day of July to the 30th day of June next following; "motor vehicle" means a vehicle that is drawn, propelled or driven by any means other than by muscular power, but does not include a vehicle that runs or is intended to run only upon rails; "open season" with respect to any kind of game means the period during which that kind of game may be hunted or taken; ULicence yenr." ··~[otor \"l~hiclc:' "OpPI~ ~,-·"!'IoU;I. (q) "outfitter" means a person who holds an "Outfitter." outfitter's licence; (r) "predatory animal" means a cougar, coyote, wolf, wolverine or any other animal declared by the Commissioner to be a predatory animal; (s) "prescribed" means prescribed by or under this Ordinance; (t) "registered guiding area" means an area or location defined and registered under this 19 "Pred .. tory animal." ··Prescribed." "Registered." guiding BTea."

CHAP. 4 "Registered trnpping area." "Reguln· tiODS." "Resident." Period includes first aod last days. Possession aefioed. Subject to Act. Owncl"ship of game. GAME Ordinance for the outfitting and guiding of non-residents who desire to engage in the hunting or photographing of big game; (u) "registered trapping area" means an area or location defined and registered under this Ordinance for the taking of fur-bearing animals; (v) "regulations" means the regulations issued under this Ordinance; and (w) "resident" means (

i) any Canadian citizen who has resided continuously in the Territory for not less than six months prior to the date of his application for a licence, or (ii) an alien who has resided continuously in the Territory for not less than two years immediately prior to the date of his application for a licence.

(2) Where a period is expressed in this Ordinance or regulations to be a period from one day to another, the period shall be reckoned inclusively of the first and last days so expressed.

(3) For the purposes of this Ordinance, a person has anything in possession when he has it in his personal posses­ sion, or knowlingly (

a) has it in the actual possession or custody of another person or (

b) has it in any place whether or not that place belongs to or is occupied by him, for the use or benefit of himself or another person. APPLICATION. 3.

(1) This Ordinance is subject to the provisions of the Migratory Birds Convention Act and the regulations there­ under.

(2) The property in all game within the Territory is vested in Her Majesty and no person shall acquire any right or property therein otherwise than in accordance with this Ordinance and the regulations. 20

GAME

PART 11 GENERAL PROHIBITIONS AND RESTRICTIONS. 4.

(1) No person shall hunt game in the Territory unless authorized by this Ordinance or the regulations, or by a licence issued to him.

(2) A licence to hunt game shall not entitle the holder to (

a) hunt game except during an open season for that game and in an area to which that open season extends, (

b) hunt in excess of the quota permitted by the Ordinance or the regulations, (

c) hunt game of a species, age or sex protected by this Ordinance or the regulations, or (

d) hunt game by any method or means prohibited by this Ordinance or the regulations. 5.

(1) Nothing in this Ordinance shall be construed to prohibit any person who holds a licence or permit under the Migmtory Birds Convention Act or regulations there­ under from hunting game birds or taking nests or eggs in accordance with that licence or permit.

(2) Notwithstanding any other provisions of this Ordinance, game may be hunted and eggs of upland game birds may be taken by a person who needs the game or eggs to prevent starvation of himself and his immediate family.

(3) A person who hunts game or takes eggs under subsection (2) shall report as soon as practicable thereafter to a game guardian the number and kind of game or eggs taken or killed, and shall furnish such other information as may be required by a game guardian. 6. No person shall set out, use or employ a snare for the destruction of game other than lynx or squirrels. 7.

(1) No person shall use poison for the purpose of tak­ ing or killing game, or have in his possession when engaged in hunting operations poison that may be used for that purpose. 21 CHAP. 4 Not to hunt without licence. Exception8 in licence. Exemptions. Gllme mny be taken to prevent starvlltion. To report number taken. UBe of eDoreR. Poison prohibit.d.

CHA1'.; 4 Exemptions. Gn.me guardian. Scientist. FircnrlllB for big S-IlIllC. In motol' vehicles. Dischorgc ou highw8)", Certain '::ontri\'ances rorbidden. GAME

(2) Notwithstanding subsection (1) (

a) a game guardian may possess and use poison to kill predatory animals if he has been authorized by the Director so to do, and (

b) the holder of a scientifi~ licence may possess and use poison for the preservation of scien­ tific specimens if he has been authorized by the Director so to do. 8.

(1) No person shall, for the purpose of hunting big game, use or employ (

a) a rifle (

i) of less than .25 calibre, (ii) loaded with a full metal cased· or jacket­ ed non-expanding bullet or ball common­ ly known as service ammunition, or (iii) loaded with a bullet of the type common­ ly known as "tracer"; or (

b) any firearm other than a shotgun of the type generally known as "automatic".

(2) No person shall (

a) discharge a firearm from a motor vehicle, or (

b) have in or on a motor vehicle any firearm in which there is a live shell or cartridge either in the magazine or firing chamber, except that a game guardian who is engaged in the control of predatory animals may carry in a motor vehicle a rifle with live ammunition in the magazine but not in the firing chamber.

(3) No person shall discharge a firearm of any descrip­ tion either on or across any public road or highway within the Territory. 9. No person shall use or employ for the purpose of hunting game and predatory animals any of the following methods, means and contrivances: set gun, spear, pit, dead­ fall, fire, jacklight, searchlight or other artificial light, artificial salt licks or spring traps having a jaw spread exceeding seven inches. 22

GAME 10.

(1) No person shall hunt game from or by means of an aircraft, but nothing in this Ordinance shall be deemed to prohibit a hunter, trapper, guide or outfitter from making use of an aircraft as a means of transportation between the settlement in the Territory where he outfits and his principal base camp.

(2) Whenever so required by a game guardian every operator of an aircraft who has transported a hunter, trapper, guide or outfitter under subsection (1) shall make available for inspection by such game guardian any log books or other records pertaining to any· such flight.

(3) Whenever so required by a game guardian, every hunter, trapper, guide or outfitter shall designate the settlement at which he outfits, the location of his principal base camp, and the area in which he intends to hunt or trap. 11. shall No person who has killed game other than bear (

a) abandon any portion of the flesh thereof that is suitable for human food, (

b) allow any portion of the flesh thereof that is suitable for human food to be destroyed or spoiled, (

c) allow any portion of the flesh thereof that is suitable for human food to be used as bait in trapping operations or to be fed to captive fur-bearing animals or domestic animals, in­ cluding dogs, or (

d) allow the pelt of a fur-bearing animal in his possession to become deteriorated, spoiled or destroyed. 12. No person shall have in his possession game killed or taken in violation of this Ordinance or the regulations. 13.

(1) No person shall buy or sell, or offer to buy or sell, or kill for gain or reward, any big game or game birds or parts thereof, except that the Director may, subject to such terms and conditions as he deems fit, grant permission to any person to sell the antlers, horns or cape of any big game. 23 CHAP.; ;4 Inspection of flight .... ," recordfl. . Designation of ba.e camp. Abandon­ ment of game. . I···· Po •• esslon of game. Sale of game prohihited.

CHAP. 4 Consumption of samc. when prohibited. Exception. No Contracts for unlowful hunting. Coun.elling offence. G8me export licence. Prohibition. RestrictioDB. Big game protected. FCllllllc moose. ~{nle moose. GAME

(2) Except as otherwise permitted by this Ordinance, no game or parts thereof shall be served for food at any hotel, restaurant, public dining room, school, mission, hostel, hospital, camp, dining room of a mining, logging, construc­ tion or other commercial or industrial establishment, with a meal for which a charge is made whether directly or indirectly. (3) Subsection (2) does not apply to missions in the settlements of Old Crow. 14.

(1) No person shall employ, or enter into a contract or agreement with, any other person to hunt game or to take any egg or nest or part thereof contrary to this Ordinance or the regulations.

(2) No person shall counsel, procure or incite another person to commit an offence under this Ordinance or regulations.

PART III SPECIAL PROHIBITIONS AND RESTRICTIONS BIG GAME. 15.

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

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

(3) Where a person is not a resident, no export licence shall be issued under subsection (1) unless (

a) a hunting licence, duly completed and signed by the outfitter or guide in charge of the party, is produced, and (

b) the trophy fees set out in

Schedule A are 'paid. 16. Subject to this Ordinance or the regulations, no person shall, at any time, hunt or have in his possession the w~ole or any part of (

a) a moose of the female sex; (

b) a moose of the male sex having (

i) unforked antlers, 24

GAME (ii) first incisors deciduous, and (iii) second molars non-functional; (

c) a mountain sheep of the female sex; (

d) a mountain sheep of the male sex having (

i) a horn which describes an arc of less than one hundred and eighty degrees when measured along the outer curv- ature, (ii) the first or second incisors deciduous, and (iii) second molars non-functional; (

e) a caribou of either sex having . (

i) unforked antlers, (ii) first, second or third incisors deciduous, and (iii) second molars non-functional; or (

f) a mountain goat of either sex having (

i) a horn less than five inches in length measured along the outer curve, and (ii) second molars non-functional. 17.

(1) Subject to subsection (2) no person who is not a resident shall engage in hunting big game unless he is outfitted by an outfitter and accompanied by a guide. ~

(2) A person who is not a resident may hunt big game without a guide if (

a) he is accompanied by a resident, and (

b) a permit is obtained from the Director so to do. 18. Every person who, accidentally or otherwise, kills any big game in excess of the number permitted to be taken by this Ordinance or the regulations, or any animal which, by virtue of its age or sex is protected under

Section 17 (

a) shall immediately and properly dress the carcass, take away the meat and hide, keep them in a good state of preservation and 25 CHAP. 4 Female mOUD- tnin sheep. Male moun' tain sheep. Caribou. Mountain goat. Guide required for nOD-residents. Permit. Accidental killing.

CHAP. 4 !., oll~ ~ of hunting. Nests nnd e!<!,s pro· tected. No rCllIovnl, etc., of trnps. SettiDg and resetting of trAps. Traps to be removed or sprung on or before lnst day of open seDBon .. PredAtory animals. Muskrnt. GAME deliver them to the nearest game guardian who shall dispose of the meat and hide in accordance with instructions from the Direc­ tor; and (

b) shall at the time of delivery of the meat and hide to a game guardian, furnish an affidavit setting forth the circumstances of the killing. GAME BIRDS. 19. No person shall hunt game birds between the hours of one hour after sunset, and one hour before sunrise on the next succeeding day. 20. Except as otherwise provided in this Ordinance no person shaH molest, injure, destroy or take the nests or eggs of any game bird. FUR-BEARING ANIMALS. 21. Except as authorized by this Ordinance, no person shall remove, molest, spring, or in any way interfere with traps set by another person for the taking of fur-bearing animals. 22.

(1) Except during the open season no person shall set or reset a trap or contrivance used in connection with trapping operations.

(2) A person who uses traps or other contrivances for hunting game shall remove or spring such traps or other contrivances on or before the last day of the open season. 23. Except as authorized by the Director, no person shall set traps or other contrivances for predatory animals between the 1st day of April and the 31st day of October in any year, but predatory animals may be shot at any time. 24. No person shall, at any time, (

a) hunt any muskrat with a shotgun; or (

b) break or destroy any muskrat house except that a muskrat house may be opened for the purpose of setting traps therein if reasonable care is taken to prevent the subsequent freez­ ing of any such muskrat house 26

GAME 25.

(1) Subject to subsection (2), no person shall cut, break, destroy or interfere with a beaver house or beaver dam.

(2) The Director may issue a licence for the injury or destruction of beaver dams or houses when such injury or destruction becomes necessary to the carrying on of a bona fide mining operation, or to the driving of timber on any stream, or to prevent damage to roads or other property.

PART IV L!CENCES AND CERTIFICATES GENERAL. 26. The licences and certificates of registration that may be issued under this Ordinance are as follows: (

a) licence to export big game under

section 15; (

b) licence to hunt big game and game birds under

section 36; (

c) licence to hunt game birds under

section 36; (

d) licence to hunt bear under

section 36; (

e) general hunting licence under

section 37; (f) . licence for scientific purposes under

section 38; (

g) outfitter's licence under

section 39; (

h) chief guide licence under

section 42; (

i) assistant guide licence under

section 42; (

j) certificate of registration of guiding area under

section 48; (

k) certificate of registration of trapping area under

section 54; (

I) fur farm licence under

section 65; (

m) licence to take live game animals for pro­ pagation or for export under

section 68; (

n) licence to import fur-bearing animals under

section 72; (0) trading post licence under

section 75; (

p) outpost licence under

section 75; (

q) licence to trade and traffic in fur-bearing animals under

section 76. 27 CH.AP. 4 Not to inter­ fere with beaver house or dam. Licence to destroy. Types of licences.

CHAP. 4 Issue of licences. False Informntion. Licence void. Signature of licensee required. Age of licensee. Effect of licence or certificate of registration. Certificate of gome killed. Submit for inspection of gRme gunrdinn. Trnnsfer, etc., prohibited. Not to oBow nnother to use licence. Not to use nnother's licence. Dute of expiry of licence. GAME 27.

(1) An application for any licence or certificate of registration may be made to the Director or a game guardian, and shall be in a prescribed form and accompa­ nied by the prescribed fee.

(2) No person shall furnish any false information or make a false statement in any application for a licence or certificate of registration required to be made pursuant to this Ordinance or the regulations.

(3) A licence or certificate of registration issued to any person who furnishes any false information or makes any false statement in an application for a licence or certificate of registration is null and void and shall be deemed to have always been null and void.

(4) No hunting licence or general hunting licence is valid unless the signature of the person to whom the licence is issued is endorsed thereon and in the case of a person signing by mark the mark shall be witnessed. (5 ) No person under the age of fourteen years is eligible for any licence. 28. A licence or certificate of registration entitles the person to whom it is issued to carry on such operations as are authorized by the licence or certificate of registration and in accordance with this Ordinance and the regulations. 29.

Every licence holder, upon request, shall be en­ titled to receive from the Director a certificate showing the game killed by him. 30. Upon the request of a game guardian, every person shall submit for inspection by such game guardian any licence or certificate of registration issued to him. 31.

(1) No licence or certificate of registration shall be sold, transferred or assigned without the consent of the Commissioner.

(2) No person shall knowingly allow his licence or certificate of registration to be used by another person.

(3) No person shall knowingly use the licence or cer­ tificate of registration of another person. 32. Subject to

section 42, unless sooner cancelled, each licence expires on the expiry date mentioned in the licence 28

GAME or, if no expiry date is mentioned, on the 30th day of June next following its date of issue. 33.

(1) Subject to subsection (2), every person to whom a licence has been issued shall, before leaving the Territory or as soon as practicable after the expiration of the licence, which ever first occurs, return the licence to a game guard­ ian with the affidavit or declaration on the back of the said licence duly completed setting forth the number and kind of game killed, trapped, taken, traded or trafficked in under its authority.

(2) Where a licensee is unable to return his licence to a game guardian as required by subsection (1), he shall, before leaving the Territory or as soon as practicable after the expiration of the licence, whichever first occurs, forward to the nearest game guardian his affidavit setting forth the number and kind of game killed, trapped, taken, traded or trafficked in during the period covered by the licence. 34.

(1) A licence or certificate of registration held by a person convicted of an offence against this Ordinance may, in addition to any other penalty imposed upon such con­ viction, be suspended or cancelled by the justice before whom the case was tried.

(2) Upon the suspension or cancellation of any licence or certificate of registration pursuant to subsection (1), the holder thereof shall surrender the licence or certificate forthwith to the justice or to a game guardian. 35. Any person who makes a false report as to the amount of game killed, trapped, taken or traded in, or who fails or neglects to return his licence within the time specified in the Ordinance or regulations is guilty of an offence, and, in addition to any other penalty provided in the Ordinance or regulations, may be refused a licence in any subsequent year. HUNTING LICENCES. 36.

Subject to this Ordinance and the regUlations, the Director or a game guardian may upon application therefor issue a licence to any person entitling him (

a) to hunt big game and game birds, (

b) to hunt game birds only, or (

c) to hunt bear only. 29 CHAP. ·4 Return of licence. Idem. Cnnccllntion upon conviction. SUTTendcr of licence to game guardia.n. Penalty for falae reports. Issue of hunting licence.

CHAP; 4 Issue of licence. ~ntitlclllcnt.. Pen,oll under sixteen. GAME GENERAL HUNTING LICENCE. 37.

(1) Subject to this Ordinance and the regulations, the Director may upon application therefor issue a general hunting licence to any person who is a Canadian citizen over the age of sixteen years and is largely dependent upon hunting and trapping for a livelihood, and (

a) has resided continuously in the Territory for three years immediately prior to his application, (

b) does not reside in the Territory but for three years immediately preceding the date of his application was licenced to hunt and did hunt fur-bearing animals in the Territory, or (

c) is the child or widow of a person referred to in paragraph (

a) or (b).

(2) A general hunting licence issued under subsection (1) entitles the holder thereof to hunt big game, game birds and fur-bearing animals in accordance with this Ordinance and the regulations.

(3) A person under the age of sixteen years who assists his parents or guardian in lawful hunting operations does not require a licence so to assist. SCIENTIFIC LICENCE. CommiSBiouer 38.

(1) The Commissioner may issue a licence to a person mny iSKue licence. to take and export big game, fur-bearing animals or non- migratory game birds or the eggs or nests of such birds for scientific purposes. lpl'lication.

(2) The licence specified in subsection (1) may be issued only (

a) upon application from a person whose applic­ ation is accompanied by written testimonials from two scientists of recognized standing; or (

b) upon application from and for the purpose of (

i) a recognized museum, university or scientific society, or 30 (ii) a department of the Government of Canada or of a province of Canada or of the government of any country or state other than Canada.

GAME

(3) The holder of a licence for scientific purposes shall be exempted from the provisions of sections 17 and 74.

PART V GUIDES AND OUTFITTERS OUTFITTERS. 39.

(1) The Director may, upon application therefor, issue an outfitter's licence to any person who is a resident and a bona fide owner of equipment in good condition and repair that in the opinion of the Director is sufficient to take care of at least four hunters in the field.

(2) Unless sooner cancelled, every outfitter's licence expires on the 31st day of December of the year in which it was issued.

(3) Every outfitter shall keep his equipment in good condition and repair at all times, and shall make it avail­ able for inspection by the Director or a game guardian at all reasonable hours.

(4) Every outfitter shall ensure that the guide in charge of every party of hunters that he outfits complies with any Ordinance or regulations under any Ordinance respecting (

a) the sanitation of camps and camp sites, (

b) the preparation and handling of food, and (

c) the health of employees preparing food for the hunting party.

(5) Whenever the Director, or a game guardian, finds upon inspection that an outfitter has not complied with subsection (3) or (4), he shall forthwith report his findings in writing to the Commissioner, who may, in his discretion, order the suspension or cancellation of the outfitter's licence. 40.

(1) No person for gain or reward or hope thereof shall use, rent or let any saddle horse, pack horse, vehicle, boat or other equipment to any non-resident for the purpose of being used in the hunting of big game without first obtaining an outfitter's licence.

(2) Notwithstanding subsection (1), any person may rent or let any saddle horse, pack horse, vehicle, boat or other equipment to an outfitter. 31 Exemptio~ " : .' Outfitters. Keep equip­ ment in good order. Sanit .. ry control. Report where no complinnco. Licence required to outfit hunter. Equipment .-­ rent .. 1.

CHAP. 4 Provide chief guide. GAME 41.

(1) For each party of non-resident hunters an out­ fitter shall provide one chief guide who shall be in charge of the party in the field.

(2) The chief guide in charge of a party in the field may act as guide for one hunter and an additional guide shall be provided for each additional hunter in the party. l'rohibition.

(3) No outfitter shall hire, engage or employ to act Guide.' licences. QualificlltioDS of BBsist.nnt !;uide. QURlifications of chicf !;uide. LKpil'Y datc. as a guide a person who is not the holder of a guide's licence. GUIDES. 42.

(1) Guides' licences shall be of two kinds, namely, assistant guide licences and chief guide licences.

(2) The Director may, upon application therefor, issue an assistant guide licence to a resident who (

a) held an assistant guide licence in the preced­ ing year, or (

b) can satisfy the Director that (

i) he is physically sound, (ii) he is of good character, (iii) he has sufficient knowledge of the area to be hunted (iv) he has sufficient knowledge of hunting methods, (

v) he has sufficient knowledge of care of trophies in the field, and (vi) he has sufficient knowledge of this Ordinance and the regulations.

(3) The Director may issue a chief guide licence to a resident who (

a) held a chief guide licence in the preceding year, or (

b) has acted as an assistant guide for at least three years and, in the opinion of the Director, is capable of assuming the responsibility for a party of hunters in the field.

(4) Unless sooner cancelled, every guide's licence ex­ pires on the 31st day of December of the year in which it was issued. 32

GAME

(5) For the purpose of subsections (2) and (3), a Grade A guide and a Grade B guide as defined by An Ordinance to Amend the Yukon Game Ordinance,

chapter 13 of the Ordinances of 1952 (1st session), is considered to be the equivalent of a chief guide, and a Grade C guide as defined by the said Ordinance is considered to be the equiva­ lent of an assistant guide. 43.

(1) No person for gain or reward, or hope thereof, shall act as a guide to any non-resident while afield for the purpose of hunting big game without first obtaining a guide's licence.

(2) No guide shall act as a guide for any person without first satisfying himself that such person has the proper licence for the kind of game to be hunted. 44. If he can do so without using force, every guide shall prevent any person for whom he is acting as a guide from violating this Ordinance or the regulations. 45. Every guide may carry, but not use, firearms be­ longing to any person for whom he is acting as a guide. 46. Except to prevent personal injury or loss of life, no guide shall while he is acting as a guide, kill, take or catch any big game. 47. Every chief guide shall, on his return from a big game hunting trip with a party for which he has been engaged as a guide, (

a) make a return in writing on a prescribed form; and (

b) endorse on the back of each non-resident hunt­ ing licence the number and kinds of game taken by the holder thereof. REGISTERED GUIDING AREAS. 48. The Director may upon application therefor issue a certificate of registration of a guiding area to an out­ fitter. 49.

(1) Except as provided in subsection (2) of

section 17, a certificate of registration of a guiding area reserves to the holder thereof the sole and exclusive right and privilege of outfitting and guiding any person for the purpose of hunting big game within the area described in the certificate of registration. 33 CHAP. 4 Transitional. :May not act DB guide without licence. Duty of guide. Guide to prevent ,·iolations. Carrying firearms. Guide not to kill big game. Return completed by guide. Certificate of registrntion. Right con· :ferred on issue of certificntc.

CUA? 4 Pe .. mis~;on to guide out.side guiding nrea. Onc certi­ ficate only. When certificntc mny he enllcell~d . Expiry date of certificate. Time for renewal. Loss of priority. Issue of Q cert.ificntc of registration of t.rapping nrea. GAME

(2) The Director may, upon request, permit an out­ fitter or guide in his service or employ the right and privilege of outfitting and guiding any person for the purpose of hunting big game within an area for which no certificate of registration has been issued. 50. No person shall hold more than one certificate of registration of a guiding area. 51.

The Director may cancel a certificate of registra­ tion of a guiding area where, in his opinion, the holder thereof, without reasonable excuse, does not actively engage in business as an outfitter during the open season in any year that the certificate is in force . 52. Unless sooner cancelled, every certificate of regis­ tration of a guiding area expires five years following the date of issue. 53.

(1) The holder of a certificate of registration of a guiding area may, within a period of sixty days preceding the date on which it expires or sixty days after that date, apply for a renewal, and if the Director is satisfied that the holder has complied with this Ordinance and the regu­ lations, he is entitled to a renewal thereof for a further period of five years in priority over all other applicants.

(2) Where the holder of an expired certificate of regis­ tration of a guiding area fails to apply for renewal within the limits set in subsection (1), he shall have no priority over other applicants.

PART VI REGISTERED TRAPPING AREAS. 54.

(1) The Director may, upon application therefor, issue a certificate of registration of a trapping area to the holder of a general hunting licence.

(2) A certificate of registration of a trapping area in that portion of the Territory lying north of sixty-five degrees thirty minutes North Latitude may be granted only to a person who resided and hunted under licence in that part of the Territory in each of the three years immediately preceding the date of his application. 34

GAME

(3) Except with the permission of the Commissioner, no certificate of registration of a trapping area shall be issued to a person who holds a licence to trap in any other part of Canada.

(4) No person shall be granted more than one certifi­ cate of registration of a trapping area. 55.

(1) A certificate of registration of a trapping area may be issued to a group of two or more persons if each of them is qualified to obtain a certificate or registration.

(2) The certificate of registration of the trapping area shall be issued in the name of the leader of the group.

(3) The leader of the group holding a certificate of registration shall furnish such returns and information respecting wildlife and hunting and trapping operations as the Director may require. 56.

(1) Except as provided in this Ordinance, a certificate of registration of a trapping area reserves to the holder thereof or, in the case of a certificate of registration issued to the leader of a group, to the persons of the group, the sole and exclusive right and privilege of hunting fur-bearing animals within the area described in the certificate of registration.

(2) A game guardian may, upon request, permit the holder of a certificate of registration of a trapping area or, in the case of a certificate of registration issued to the leader of a group, to the persons of the group, the right and privilege of hunting fur-bearing animals within an area for which no certificate of registration has been issued. 57. Except as provided in

section 38, no person shall, within a registered trapping area, hunt fur-bearing animals or set traps, snares or other trapping equipment or skin or prepare or assist in the skinning or preparation of pelts for sale, unless (

a) he is the holder of, or a dependant of a person . who is the holder of, a certificate of registra­ tion for that area; (

b) he is a member of a group of persons holding a certificate of registration for that trapping area or a dependant of such member; or 35 CHAP. 4 No certiCicnte to persolls licenced to t.rnl) else­ where ill Cnml(la. lesue to group. In nnme or leader. Returns. Exclush"c right to hunt fur-benring animols. Not to hUllt outside ores without p{'rmission. Only certaill I)crsons may hUllt ill trappillg areas.

CHAP. 4 GAME (

c) he is employed with the consent of the Director by the holder of a certificate of registration of a trapping area to assist in hunting in that area, and is the holder of a general hunting licence; but such consent may be issued only upon evidence satisfactory to the Director that the employer cannot obtain an adequate liveli­ hood without assistance. Holder mny 58. Where a holder of a certificate of registration of remo\"c other trnps. a trapping area discovers traps, snares or other trapping Cnncellntion where holder fnils to trnp. Expiration of certificnte. Time for renewal. Loss of priority.

Annual reports. equipment set within the limits of the trapping area by any person not authorized to do so, he may remove them from the area and if he does so shall deliver them to a· game guardian. 59. The Director may cancel a certificate of registra­ tion where, in his opinion, the holder thereof, without reasonable excuse, does not actively engage in hunting fur-bearing animals on his trapping area during the open season in any year that the certificate is in force. 60. Unless sooner cancelled every certificate of regis­ tration of a trapping area expires five years following the date of isuue. 61.

(1) The holder of a certificate of registration of a trapping area may, within a period of sixty days preceding the date on which it expires or sixty days after that date, apply for a renewal, and if the Director is satisfied that the holder has complied with this Ordinance and the regulations, he is entitled to a renewal thereof for a further period of five years in priority over all other applicants.

(2) Where the holder of an expired certificate of registration of a trapping area fails to apply for renewal within the limits set in subsection (1), he shall have no priority over other applicants. 62. On or before the 30th day of June in any year that a certificate of registration of a trapping area is in force, the holder thereof shall submit to a game guardian a true and complete report on a prescribed form showing the number and kind of game taken in the trapping area during that licence year. 36

GAME 63. Whenever required by a game guardian every holder of a certificate of registration of a trapping area shall submit a report to the game guardian giving the number and location of beaver colonies in the area. 64. The holder of a certificate of registration of a trapping area may remove, sell, transfer or assign any movable improvements 111ade or lawfully acquired by him on the trapping area.

PART VII FUR FARMS AND LIVE GAME. 65. The Director may, upon application therefor, issue a licence to operate a fur farm to any resident. 66. Without the consent of the owner of the fur farm, no person other than a game guardian shall enter upon any fur farm or go within twenty-five yards of the pens or dens of fur-bearing animals thereon if notices forbidding tres­ passing on the said premises that are plainly discernible at a distance of not less than twenty-five years are posted upon such pens or dens. 67. Where notices have been posted in accordance with

section 66, the owner or caretaker of a fur farm may kill a dog found terrifying captive fur-bearing animals within twenty-five yards of their pens or dens. 68. The Director may issue a licence to take wild live game animals for propagation or for export. 69. Wild live game animals, whether taken for propa­ gation or for export, shall be taken in the period and in numbers specified in the licence and by the use of box traps or other devices approved by the Director. 70.

(1) Where live animals are shipped or transported every precaution shall be taken to prevent injury to the animals.

(2) The animals referred to in subsection (1) shall be properly fed and cared for and shall be shipped or transported in well ventilated crates maintained in a sani­ tary condition. 37 Reports. on beaver colonies. IIfny dispose· of improve· . . ments. Licence to operat.e rur furm. Unauthorized entry forbidden. May kill dog terrifying fur-benring animnls. Licence to tnke live animals. Tnkinl-' of live allit.!la18. Animals not to be injured in sbi}unent. Feed ing, etc., of animale in shipment.

Rctt"'n or licence. Liccnce to import fur-beuring nnimals. Certificntc of hcnlth. Game preserves. Prohibition. Exception. Gamc sanctuaries. Prohibition. Scnling of Circllrms oDd tropB. Removal .f BellI. GAME 71. Every licence issued under

section 68 shall, upon expiry, be returned to the Director together with an affidavit setting forth the numbers and kinds of game taken under its authority. 72.

(1) No person shall import into the Territory a fur­ bearing animal without first having obtained a licence from the Director authorizing such import.

(2) The Director shall not issue a licence under sub­ section (1) unless the applicant produces a certificate of health signed by a veterinarian in respect of the fur-bearing animals to be imported.

PART VIII GAME SANCTUARIES AND PRESERVES. 73.

(1) Each area described in

Schedule B is a game pre­ serve and shall be known by the name immediately preced­ ing its description in that Schedule.

(2) Except as provided in subsection (3), no person other than an Indian or Eskimo shall hunt or trade and traffic in game within the boundaries of a game preserve.

(3) Where a person enters a game preserve for the purpose of prospecting for minerals he may, if he is licensed to hunt game birds, take game birds during the open season for such birds. 74.

(1) Each area described in

Schedule C is a game sanctuary and shall be known by the name immediately preceding its description in that Schedule.

(2) Except as provided in

section 38, no person shall hunt game within a game sanctuary.

(3) No person except a game guardian or the holder of a scientific licence shall have in his possession in a game sanctuary any firearm or trap of any description unless it has been sealed by a game guardian in such a way as to render it inoperative.

(4) The seal may be removed from a firearm where such action is necessary to preserve life. 38

GAME

(5) Every person who removes the seal from a firearm pursuant to subsection (4) shall report to a game guardian as soon as possible and swear an affidavit setting forth the reasons for his actions.

PART IX TRADING AND TRAFFICKING IN GAME. 75.

(1) No person shall establish, operate or maintain in the Territory an establishment in which the business of trading or trafficking in game is carried on unless he holds a trading post licence issued by the Director with respect to that establishment.

(2) A separate licence shall be obtained in respect of each trading establishment.

(3) Where the trading establishment is to be operated less than eight months in a year, an outpost licence issued by the Director shall be obtained.

(4) Where the trading establishment is to be operated eight or more months in a year, a trading post licence issued by the Director shall be obtained.

(5) No outpost licence shall be issued to a person unless he holds a trading post licence.

(6) A trading post in respect of which a licence is issued shall be operated for at least eight months of each licence year.

(7) An outpost in respect of which a licence is issued shall be operated for at least three months of each licence year.

(8) A licence for a trading post or an outpost is not transferable.

(9) A licence issued under this

section remains in effect until cancelled by the Director or surrendered. 76.

(1) Except as provided in

section 78, no person shall, either by himself, his clerk, servant or agent, buy, sell, deal exchange,barter, solicit or traffic in the skin, pelt or part thereof of any fur-bearing animal or conduct a sale or 39 CHAP .. 4 Report to gRille guardian. Trading post" or outpORt )jcenC~8 ... Separate' licences fOT each estob· 1i8hment. Outpost licence. Trading poat licence. Outpost licence only to holder of tradiog post Iiceocs. TTBding post to be opsra· ted at ISGSt eight months. Outpost to b. opernted nt lenat three months. Not trona· fcrable. Duration of licence. Licence to aell fur· bearing nnimnls.

CHA:P. 4 Trullsfcr of licence. Right to trndc limited to PORts deBcdbed in licence. Holder's B8sistllnt docs not I'equire licence. GAME purchase of the skin, pelt or part thereof without first having obtained a licence from the Director authorizing him to do so.

(2) A licence to trade in game may be transferred (

a) upon application in writing to the Director by the holder thereof, and (

b) upon payment of any increase in licence fee.

(3) A licence to trade or traffic in game authorizes the person to whom it is issued to trade or traffic only at the trading post or outposts described in the licence.

(4) A person employed to assist the holder of a licence to trade or traffic in game does not require a licence unless he engages in trading or trafficking in game on his own account. Duties of .' 77. trBder. Every holder of a fur trading licence shall Unlicensed resident may purchaBe for personal use. Unlicensed visitor may 1~~i~I~~8~D lue for personal UBe. (

a) keep a true record of all furs purchased or sold by him, such record to show (

i) date of purchase or sale, (ii) name and address of vendor or pur­ chaser, (iii) licence number of the trapper, and (iv) a sufficient description of the furs pur­ chased or sold; (

b) forward an annual return in a prescribed form to the Director within fifteen days after the end of each licence year; and (

c) whenever so required by the Director in writ­ ing produce his records and books of account for examination by a game guardian. 78.

(1) A resident may purchase without a licence skins or pelts for use by himself and his family.

(2) A person who is not a resident of the Territory may purchase without a licence skins or pelts for his own use, but not for barter or sale, the total value of which does not exceed two hundred dollars in any licence year. 40

79. GAME

PART X POWERS OF THE COMMISSIONER. The Commissioner may (

a) prescribe forms of licences, applications and certificates of registration and such other forms as may be required for the purposes of this Ordinance or the regulations; (

b) cancel, suspend or refuse to issue or renew any licence or certificate of registration for any cause that to him seems sufficient; (

c) reinstate a cancelled or suspended licence or certificate of registration upon such terms as he may deem proper; (

d) as a condition precedent to the issue or rein­ statement of any licence or certificate of registration in any case or class of cases, require the applicant therefor to furnish a bond or other form of security as he may deem necessary to secure the due observance of this Ordinance; (

e) appoint honorary game guardians; (

f) fix or vary at any time the boundaries of any trapping or guiding area in respect of which a certificate of registration has been issued; (

g) permit the meat of game to be had in posses- sion and served (

i) in schools, hospitals or hostels in case of need, and (ii) in hotels, restaurants or dining rooms of clubs or other organizations on special occasions; (

h) grant, without fee, a special licence to enable a guest of the Territory to hunt therein; (

i) notwithstanding anything herein, authorize a a game guardian or any person under the supervision of a game guardian, to hunt game at any time in any part of the Territory and by any method deemed necessary by the Commissioner to carry out an experiment or 41 CHAP. 4 Powers.

CH-Al'. 4 GAME investigation in connection with the conserv­ ation, development or utilization of the wild­ life resources including the control of preda­ tory animals; and (

j) on behalf of the Territory, enter into agree­ ments with Canada in connection with the development of fur rehabilitation blocks or registered trapping areas where such develop­ ment will be beneficial to Indians or Eskimos. Regulations of 80.

(1) The Commissioner may make regulations Commissioner. Publication jCl Gu.zette. Tabling of regulntions. (

a) fixing the boundaries of the areas within which any specified species of game may be hunted or killed; (

b) prescribing the number of any specified species of game and the sex thereof that may be hunted and killed; (

c) fixing the periods of open seasons; (

d) respecting the continuation in force of any certificate of registration that has been issued to a person who enlists in the armed forces or who becomes hospitalized or otherwise in­ capacitated, and respecting the enjoyment by the dependants of any such person of any of the rights of that person thereunder during the period of his absence in the armed forces or during the period of his hospitalization or incapacity, notwithstanding anything else herein; (

e) respecting the sealing and marking of pelts of any specified species of game, the manner and method of such sealing or marking and, generally, the use of seals and marks for any such purpose; and (

f) respecting any other matter the regulation of which the Commissioner deems necessary or advisable in order to carry out effectively the purposes and provisions of this Ordinance.

(2) No regulation shall have force and effect until it has been published in the Yukon Gazette.

(3) The Commissioner shall cause regulations made pursuant to this Ordinance to be tabled at the session of Council next following the making of such regulations. 42

81. GAME

PART XI ADMINISTRATION AND ENFORCEMENT OFFICERS. The Commissioner may appoint (

a) an officer to be called the Director, who shall supervise, under the direction of the Commis- sioner, the administration of this Ordinance; and (

b) one or more persons to be called game guard­ ians who shall, under the direction of the Director, perform such duties as may be as- signed by the Director. CHAP. 4 Appointment of Director. GAme guardians. 82. The following persons shall be ex. officio game Ex officio game guardians. guardians: (a) (

b) the Director; members of the Royal Canadian Mounted Police; (

c) all outfitters and chief guides; and (

d) the Forest Supervisor and all forest officers appointed under the Forest Protection Ordin­ ance. 83. A game guardian and an honorary game guardian appointed pursuant to this Ordinance shall, before acting as such, take and subscribe to the following oath: "I, of , a game guardian appointed under the provisions of the Game Ordinance, do swear that to the best of my judgment I will faithfully, honestly and impartially execute and perform the office and duty of such game guardian according to the true intent and meaning of the Game Ordinance. So help me God." 84.

(1) All game guardians, while acting as such under the provisions of this Ordinance, have and possess the powers of a Commissioner for taking affidavits in and for the Territory in relation to all matters coming within the provisions of this Ordinance.

(2) Every game guardian has the power to enforce and carry out the provisions of. this Ordinance and the regula­ tions. 43 OAth. Game guar­ dian to he Commissioner of oAths. Enforcemcn t of Ordinance.

CHAP. 4 Aut.hority of honornry gnme gunrd inn. Powel" to sett le disputes. Appcni. Notice of nppeni. Deposit of security (or costs. TI"ansfcr of eddcnce. etc., to police mngistro,te. Hearing. Appenl lies to judge. Arrest without wo.rrnnt. Seizure of gnme. GAME

(3) Every honorary game guardian has the power and authority of a game guardian to the extent prescribed by the Commissioner. DISPUTES. 85.

(1) The Director has power to settle any dispute in connection with hunting or trapping operations.

(2) An appeal lies from the decision of the Director to a police magistrate

(3) Notice of appeal shall be given within thirty days from the day upon which the decision appealed from is pronounced or given, or within such further time as the Director may allow, and, after service upon the opposite party, shall be filed with the Director.

(4) At the time of filing notice of appeal, the appellant shall deposit with the Director such sum of money or security therefor as security for costs of the appeal as the Director may consider necessary.

(5) Upon receipt of notice of appeal and deposit of security for costs, if any, the Director shall forthwith transfer the complaint, evidence and other proceedings to a police magistrate.

(6) The police magistrate shall fix the time of hear­ ing at as early a date as may, in his opinion, be convenient to all parties.

(7) An appeal from the decision of a police magistrate lies to a judge. ARREST AND SEARCH. 86. Any game guardian who finds a person committing an offence against this Ordinance or the regulations may arrest that person without warrant. SEIZURE AND FORFEITURE. 87.

(1) All game taken, caught, killed or had in possession in violation of this Ordinance or all nests or eggs or part thereof taken or had in possession in violation of this Ordinance, together with all game of any kind whatsoever, whether legally taken, caught, killed or had in possession 44

GAME or otherwise, that are intermixed therewith, shall, upon being found by a game guardian, be forthwith seized by him and, when so seized, shall be taken before a justice.

(2) All guns, ammunition, traps, boats, skiffs, canoes, punts and vessels of every description, horses, dogs, wagons, sleighs, aircraft, 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, be forthwith seized by him and, when seized, shall be taken before a justice. 88. Where a person refuses to submit for inspection to a game guardian any paper, records, documents or books of account as required under this Ordinance, the game guardian, upon obtaining a warrant therefor, may seize the same. 89.

(1) Upon the convicition of a person for an offence under this Ordinance or the regulations, the justice before whom the case was heard may declare the forfeiture to the Territory of anything seized under

section 87 in connection with the conviction.

(2) The Commissioner may dispose of anything de­ clared forfeited under this

section in any way he deems fit and the proceeds thereof shall be deposited to the credit of the Yukon Consolidated Revenue Fund. OFFENCES AND PENALTIES. 90. Every person who violates a provision of this Ordinance or the regulations is guilty of an offence and in addition to any other penalty is liable on

summary convic­ tion to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. ONUS OF PROOF. 91.

(1) Whenever by this Ordinance it is made on offence to do

an act without holding a licence or certificate of registration therefor, the onus in any prosecution shall be upon the person charged to prove that he held a licence or certificate of registration as required by this Ordinance.

(2) In any prosecution under this Ordinance, the onus of proof as to his being a resident shall be upon the de­ fendant. 45 CHAP. 4 Seizure of equipment. Seizure of records and. doci.Jmcnt8~ Forfeit'ur"c upon conviction Proceed. to Y.C.R.F. Gcncrnl pennlty. OnU8 on nccuscd to .how he held licence. Onus ns to residence.

CHJ.\p.4 Onus PS to prevent starvation. OnUB OB to possession. Prosecution within onc ycnr. Monel'S dCpoBitcd in Y.C.R.E'. Repeol. GAME

(3) In any prosecution under this Ordinance, the onus of proving that the game taken or killed was necessary to prevent starvation of himself or his family shall be upon the person charged with having killed or taken such game in violation of this Ordinance.

(4) The possession of game or the nests or eggs of birds by any person within a game sanctuary shall be prima facie evidence of the guilt of such person and the onus of proof to the contrary shall rest upon him. MISCELLAN EOUS. 92. Prosecution for any offence committed against this Ordinance may be entered at any time within one year from the time when such offence was committed. 93. All moneys received from fees and charges made under the authority of this Ordinance and all fines result­ ing from convictions under this Ordinance shall be deposited to the credit of the Yukon Consolidated Revenue Fund. 94. The following Ordinances are repealed: (

a) An Ordinance to Create a Game Preserve in the Yukon Territory for Native Indians,

chapter 1 of the Ordinances of 1924; (

b) An Ordinance to A mend an Ordinance to Create a Game Pr'eserve in the Yukon Ter­ ritory for Native Indians,

chapter 9 of the Ordinances of 1938; (

c) The Yukon Game Or'dinance,

chapter 11 of the Ordinances of 1951 (2nd Session) ; (

d) An Ordinance to A mend the Yukon Game Ordinance,

chapter 13 of the Ordinances of 1952 (1st Session) ; (

e) An Ordinance to A mend the Yukon Game Ordinance,

chapter 10 of the Ordinances of 1953 (1st Session) ; (

f) An Ordinance to Amend the Yukon Game Ordinance,

chapter 8 of the Ordinances of 1954 (lst Session) ; (

g) An Ordinance to Amend the Yukon Game Ordinance,

chapter 25 of the Ordinances of 1955 (lst Session) ; and 46

GAME (

h) An Ordinance to Amend the Yukon Game Ordinance,

chapter 7 of the Ordinances of 1956 (lst Session). 95. This Ordinance shall come into force on the 1st day of July, 1958.

SCHEDULE A.

SCHEDULE OF FEES FOR LICENCES AND CERTIFICATES. 1. Hunting Licences (

a) General hunting licence if issued to (

i) an Indian or Eskimo ______ .. _________ Free (ii) a person over 65 years of age __ Free (iii) any other person _. _____ .__ ____________ 5.00 (

b) Licence to hunt big game and game birds if issued to (

i) an Indian __ . __ ._____________________________ Free (ii) an Eskimo _________________________________ Free (iii) a resident over 65 years of age__ Free (iv) any other resident ____________ .. ______ 2.00 (

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 non-resident ___________________________ 10.00 (

d) Licence to hunt bear if issued to (

i) a resident ________ . _ ._ _______________________ Free (ii) a non-resident Canadian __________ 25.00 (iii) a non-resident alien __________________ 50.00 47 CHAP.-·4

CH4.P. 4 GAME 2. Certificate of Registration of Trapping area or renewal thereof _._____ __________ . _______ _ 3. Certificate of Registration of Guiding area or renewal thereof ________________ . ____________ _ 4. Outfi tter's licence ____________________ . __ . ______________ _ 10.00 10.00 25.00 5. Chief Guide licence ______ . _______________ ._______________ 20.00 6. Assistant Guide licence ________ .____________________ 10.00 7. Trading Post licence __________________________________ 1.00 8. Outpost licence __ . _______________________ . ________ ._________ 1.00 9. Fur trader's licence if issued to (

i) a resident ________________ .__________________________ 25.00 (ii) a non-resident ____________________ . ______ . ________ 150.00 10. Fur farm licence or renewal thereof ________ 2.00 11. Licence to take live animals ._. ___ ._________________ 1.00 12. Licence to export live animals, for each ani mal ___________________________ . ___ .___________________ ________ 2.00 13. Licence to export big game and game birds ______________________________________ ._____________ Free 14. Licence to import fur-bearing animals ____ Free 15. Scientific licence

SCHEDULE B. DESCRIPTION OF GAME PRESERVE PEEL RIVER PRESERVE. Free Comprising all that tract of land which may be des­ cribed as follows: Commencing at the most easterly intersection of the 66th Parallel of north latitude with the boundary between the Northwest Territories and the Yukon Territory; thence westerly and northerly, following the said boundary to its intersection with the Peel River, thence southerly following the right bank of Peel River to its confluence with the Snake River; thence upstream following the right bank of the Snake River to its intersection with latitude 48

GAME 65 degrees 30 minutes North, a distance of approximately sixty miles, thence due east to the boundary between the Northwest Territories and the Yukon Territory; thence northerly along the said boundary to the point of commence­ ment.

SCHEDULE C. DESCRIPTION OF GAME SANCTUARIES. McARTHUR GAME SANCTUARY.

Comprising all that portion of the Yukon Territory lying within the boundaries described as follows: Commencing at one of the heads of Avalanche Creek at approximately 63 degrees, 16 minutes 30 seconds North latitude, 135 degrees 22 minutes West longitude; thence downstream along the left bank of Avalanche Creek to its junction with Nogold Creek; thence downstream along the left bank of Nogold Creek to its junction with an un­ named tributary at approximately 63 degrees 19 minutes 30 seconds North latitude and 135 degrees 42 minutes West longitude; thence southwesterly along the right bank of the said tributary to its head; thence southwesterly in a straight line to the eastern extremity of an unnamed lake on North Crooked Creek at approximately 63 degrees 16 minutes 30 seconds North latitude and 135 degrees 49 minutes West longitude; thence along the left bank of North Crooked Creek to its junction with Crooked Creek; thence upstream along the right bank of Crooked Creek to its junction with South Crooked Creek; thence upstream a­ long the right bank of South Crooked Creek to its junction with Wood burn Creek; thence upstream along the right bank of Woodburn Creek to Woodburn Lake; thence along the north shore of Woodburn Lake to its southeastern ex­ tremity; thence easterly in a straight line across a height of land to the head of an unnamed tributary of Little Kalzas River at approximately 63 degrees 03 minutes North latitude and 135 degrees 54 minutes West longitude; thence downstream along the left bank of said tributary to its junction with Little Kalzas River; thence downstream along the left bank of Little Kalzas River via the southwest shore of Little Kalzas Lake to its junction with Kalzas River; thence upstream along the right bank of Kalzas River to 49 CHAP. 4

CHAP. 4 GAME its intersection with 135 degrees 05 minutes West longitude; thence due north along the· said 135 degrees 05 minutes West longitude a distance of four miles, more or less, to its intersection with the right bank of Kalzas River; thence upstream along the right bank of Kalzas River to a fork at approximately 63 degrees 11 minutes 30 seconds North latitude, 135 degrees 10 minutes West longitude; thence upstream along the right bank of the northwesterly fork to its head at approximately 63 degrees 15 minutes 30 seconds North latitude, 135 degrees 18 minutes West long­ itude; thence northwesterly in a straight line a distance of two and one-half miles, more or less, to the point of commencement.

KLUANE GAME SANCTUARY.

Comprising all that portion of the Yukon Territory lying within the boundaries described as follows: Commencing at the point of intersection of the Inter­ national Boundary between Yukon Territory and the Territory of Alaska with the middle of the main channel of White River in approximate North latitude 61 degrees 45 minutes; thence south and easterly following the said International Boundary to its intersection with the northern Boundary of the Province of British Columbia; thence easterly following the said northern boundary of British Columbia to its intersection with the western boundary of the right of way of the Haines Highway; thence north and westerly following the said westerly and southerly bound­ ary of the highway right of way to its intersection with the south boundary of the Alaska Highway; thence northerly and westerly following the southerly and westerly boundary of the right of way of the Alaska Highway to the middle of the main channel of the White River; thence south­ westerly along the middle of said channel to the point of commencement, the said described land containing an area of approximately ten thousand one hundred and thirty (10,130) square miles, more or less.

PINE CREEK GAME SANCTUARY. All that parcel of land in the Yukon Territory in the vicinity of the Federal Government Experimental Farm lying northerly of and adjoining the northerly limit of 50

GAME the right of way of the Alaska Highway, as said right of way is shown on sheets 53 and 54 of the plan thereof, said sheets being of record numbers 40905 and 40906 in the Legal Surveys and Aeronautical Charts Division of the Department of Mines and Technical Surveys at Ottawa, said parcel being more particularly described as follows: Commencing at an iron post numbered H1834 marking the northerly limit of the Alaska Highway; thence westerly along said northerly limit to a standard post, pits and mound numbered H1873; thence easterly in a straight line to the point of commencement; said parcel containing by admeasurement nine square miles approximately. Sl CHAP. 4

CHAP. 5

Short title. ALCOHOLIC LIQUORS

CHAPTER 5 ORDINANCES OF YUKON TERRITORY 1958 (First Session) AN ORDINANCE TO PROVIDE FOR GOVERNMENT CONTROL AND SALE OF ALCOHOLIC LIQUORS (Assented to M ay 5th, 1958) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1.

SHORT TITLE. This Ordinance may be cited as the Liquor Ordin­ ance.

INTERPRETATION.

Definitions. 2.

(1) In this Ordinance, "Club." "Club IIwlllher." "Cocktail lounge." (a) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or de­ coction of barley, malt, hops or any similar product in drinkable water; (b) "club" means any benevolent or fraternal order or society or branch thereof and any association of individuals for purposes of mutual entertainment and convenience in­ corporated by or under the laws of Canada or any provincial or territorial laws, and includes a branch of the Canadian Legion of the British Empire Service League, and the prem­ ises used by or occupied by any such club; (c) "club member" means an adult person who is fully accredited as a member of a club and maintains his membership therein in the manner provided by the by-laws of such club; (d) "cocktail lounge" means a room in licensed premises equipped with such facilities as are approved by the Commissioner for the sale of 52

ALCOHOLIC LIQUORS liquor, fruit juices and soft drinks, separately or in combination; CHAP. 5 (e) "election" means any election of a member ··Election."' of the House of Commons of Canada, the Council of the Yukon Territory or the council of a municipality; (f) "hotel" means any place where the public, for "Hotel." a consideration, may obtain sleeping accom­ modation, with or without meals; (g) "inspector" means a person appointed as an "Inspector." inspector under this Ordinance; (h) "interdicted person" means a person to whom the sale of liquor is prohibited by order under this Ordinance; "lntel'd icted person." '(i) "licence" means a subsisting licence granted ··Licence." under this Ordinance; (j) "licensed premises" means the premises in respect of which a licence has been granted and includes any building or other place be­ longing or appertaining to such premises; (k) "licensee" means any person named as a licensee in a licence; (I) "liquor" includes alcohol, alcoholic, spirituous, vinous fermented malt or other intoxicating liquor, or a combination or mixture thereof, or a mixed drink of which is fermented, spirit­ uous, vinous, or otherwise intoxicating and any other drink, drinkable liquid, preparation or mixture that is capable of human consump­ tion and is intoxicating; (m) "liquor store" means a government liquor store established under this 'Ordinance; (n) "municipality" means a municipality as de­ fined by the Municipal 01'dinance; (0) "package" means any container, bottle, vessel or other receptable used for holding liquor; (p) "prescribed" means prescribed by regulation of the Commissioner under this Ordinance; 53 "Licensed premises." "Licensee," "Liquor." "Liquor store," "Municipal­ ity," .

"Package," . ··Prescribed.'·

CHAP. S "Public pIBCC:' "Sell." "Spirits." "SUPerln o tendent." "Tllvern." "Vehicle." "Vendor." ·"Wine." ,\Icohol ·,ontent. ALCOHOLIC LIQUORS (q) "public place" includes (

i) a place or building to which the public has or is permitted to have access, (ii) a place of public resort, and (iii) any conveyance in a public place; (r) "sell" includes exchange, barter or traffic and the selling, supplying or distribution by any means of liquor by any partnership, or by any society, association or club, whether incorpora­ ted or unincorporated, to any member of such partnership, society, association or club; (s) "spirits" means any beverage that contains alcohol, obtained by distillation, mixed with drinkable water and other substances in solution, and includes brandy, rum, whiskey, gin and vodka; .' (t) "superintendent" means the Superintendent of Liquor Control appointed under this Ordin­ ance; (u) "tavern" means a specified room or rooms in an hotel where beer only may be sold and consumed; (v) "vehicle" means any means of transportation by land, water or air, and includes any motor car, automobile, truck, tractor, aeroplane, vessel, boat, launch, canoe, or any other thing made use of in any way for such transport­ ation; (w) "vendor" means a person appointed as a ven­ dor under this Ordinance; and (x) "wine" means any liquor obtained by the fermentation of the natural sugar contents of fruit, including grapes, apples, berries or any other agricuitural product containing sugar including honey and milk.

(2) For the purpose of paragraph (1) of subsection (1), any liquor that contains more than two and one-half per cent by volume at 60 degrees Fahrenheit of absolute alcohol shall be deemed to be intoxicating. S4

3. ALCOHOLIC LIQUORS POWERS OF COMMISSIONER. The Commissioner may (

a) establish, maintain and provide for the con­ struction, acquisition or leasing of premises for liquor stores and warehouses; (

b) fix the prices at which the various classes, varieties and brands of liquor may be sold at liquor stores; and (

c) prescribe the nature of seals to be used on containers of liquor other than beer, purchased and kept for sale under this Ordinance. CHA·P. 5 Powers of CommiSBoincT. 4.

(1) The Commissioner may appoint Appointment. (

a) a Superintendent of Liquor Control; (

b) such vendors as are necessary for the sale of liquor at liquor stores; (

c) such inspectors as are necessary for the en­ forcement of the provisions of this Ordinance; and (

d) such other persons as he deems necessary for the administration of this Ordinance.

(2) The Commissioner may prescribe the duties of the persons appointed under subsection (1) and fix their remuneration. POWERS OF SUPERINTENDANT. 5. The Commissioner or the Superintendent with the approval of the Commissioner may (

a) determine the nature, form and capacity of the containers to be used for containing liquor kept for sale and sold under this Ordinance; (

b) determine the classes, varieties and brands of liquor to be kept for sale in liquor stores; (

c) purchase, have in his possession and under his control for sale and sell liquor in the manner set forth in this Ordinance; (

d) control the possession, sale, consumption, transportation and delivery of liquor in accord­ ance with' the provisions of this Ordinance; 55 Duties ond remuneratioD. Powers of Superln· tendeD'.

CHAP. 5 ALCOHOLIC LIQUORS Duties oC vendor. Snlc und delivery oC liqu~r. Rt· IiqUD" storC'B. Bottled beer. (

e) provide for the keeping in and delivery of liquor to or from any liquor store or ware­ house established under this Ordinance; and procuring of all furniture, fixtures and supplies; (

f) subject to this Ordinance, prescribe the days and hours at which any liquor store shall be kept open for the sale of liquor; and (

g) issue and distribute price lists showing the price fixed by the Commissioner to be paid for each class, variety or brand of liquor kept for sale in liquor stores. DUTIES OF VENDOR. 6.

(1) The sale of liquor at each liquor store shall be conducted by an employee to be called the vendor.

(2) The vendor, under the supervision of the Superin­ tendent, is responsible for the proper observance of this Ordinance and the regulations in so far as they relate to the conduct of the liquor store and the sale of liquor thereat. 7.

(1) All liquor shall be sold and delivered in sealed packages in the manner prescribed by the regulations, and any package that is not so sealed shall, in any prosecution for a violation of this Ordinance, be deemed, p1'ima facie, to have been opened since it was purchased from a vendor.

(2) Every bottle of beer shall be sealed with a cap on which shall be stamped or printed the name of the manufacturer of the beer or some trade mark, trade name or other distinguishing mark, design or colour by which the beer is known and recognized. ~:[i~,r~d 8.

(1) Every person except to purcho.ac liquor at liquor stores. (

a) a person under the age of twenty-one years; (

b) an interdicted person; and (

c) a person under the apparent influence of liquor; is entitled to purchase liquor from a liquor store or from a licensee and to possess and use the same in accordance with this Ordinance and the regulations. 56

ALCOHOLIC LIQUORS

(2) Notwithstanding subsection (1), no person who is an Indian as defined in the Indian Act is entitled to purchase liquor from a liquor store.

(3) A vendor may sell to any person such liquor as that person is entitled to purchase under this Ordinance and the regulations.

(4) A vendor may accept from a person entitled to purchase liquor who is a resident outside the boundaries of a municipality, a written order for the purchase of such liquor as that person is entitled to purchase under this Ordinance and the regulations, without requiring the personal appearance of that person; but the order shall be accompanied by evidence establishing the identity of such person to the satisfaction of the vendor and payment in the form of cash, certified cheque, money order or postal note of such amount as will cover the cost of liquor ordered together with the express or postal delivery charges of the shipment, and the vendor may make delivery of such liquor at the sole risk of the purchaser to the person presenting the order or in a prepaid package consigned to the purchaser at the address set out in his order, or to the nearest postal or express office. 9.

Except as otherwise provided in this Ordinance, no sale or delivery of any liquor shall be made on or from the premises of any liquor store, nor shall any liquor store be open for the sale of liquor (

a) during a longer period than nine hours in any twenty-four hours or after the hour of seven o'clock in the afternoon of any day; (

b) on Sunday or any legal holiday; (

c) on any day' on which polling takes place at any election or plebiscite held in the electoral district in which the liquor store is situated; or (

d) during such other periods or on such other days as the regulations may provide. CHAP. 5 Periods during which liquor may be sold at liquor stores. 10. No vendor and no person acting as the clerk or Prohibition. servant or in any capacity for any vendor, shall sell liquor in any place or at any time except as authorized by this Ordinance and the regulations. 57

CHAP. 5 I'BaDquet. 1t ALCOHOLIC LIQUORS BANQUET PERMITS. 11.

(1) In this

section the word "banquet" includes dinner or luncheon.

(2) Upon receipt by a vendor of an application in prescribed form and the fee set out in the

Schedule by (

a) any person in charge of a banquet, or (

b) an officer acting on behalf of any corporation or recognized society, association, club or other duly constituted organization, whether in­ corporated or not, the vendor may, subject to such regulations as may be made by the Commissioner in that behalf, grant a permit in prescribed form to purchase liquor from a liquor store and serve and sell such liquor at the banquet mentioned in the permit.

(3) Any application made under subsection (2) shall be signed by the applicant.

(4) A vendor may refuse to issue a banquet permit to any applicant where he considers it in the public interest to do so but shall report the circumstances to the Super­ intendent whenever he refuses to issue a permit.

(5) The place where the banquet is to be held shall be sufficient to accommodate the number of guests mentioned in the application for a permit.

(6) No banquet permit shall be issued for the holding of a banquet in a cocktail lounge or a tavern.

(7) The quantity and kinds of liquor to be purchased and served under a banquet permit shall not exceed eight ounces of spirits, one pint of wine, or six pints of beer for each person attending the banquet.

(8) The holder of a banquet permit shall be responsible for the lawful use of such permit.

(9) The holder of a banquet permit shall, upon the request of any peace officer or inspector, admit such peace officer or inspector to the hall or room where the banquet is being held for the purpose of inspecting the same and otherwise carrying out his duties. 58

ALCOHOLIC LIQUORS

(10) A banquet permit issued under this

section shall be retained in the room where the banquet is held and shall be available to any peace officer or inspector wishing to examine it.

(11) No person shall be violent, quarrelsome, riotous, or disorderly at a banquet.

(12) No banquet at which liquor is served shall be held in any room in which meals are being served to the public at the same time that the banquet is being held.

(13) Every person who makes an application fora permit under this

section on behalf of any fictitious organiz­ ation or who makes application for any purpose contrary to this section, or uses any fictitious name in making applic­ ation, is guilty of an offence.

(14) Every holder of a permit granted under this

section who uses it or permits it to be used in any manner contrary to this

section is guilty of an offence. LICENCES. CHAP. 5 12.

(1) Subject to this Ordinance, the Commissioner may Licences. grant to any person (

a) a beer licence in respect of a tavern, club or canteen; and (

b) a liquor licence in respect of a cocktail lounge, club, steamship or canteen.

(2) Every licence granted under subsection (1) shall be in prescribed form and shall be signed by the Com­ missioner. 13. The holder of a licence granted under this Ordin­ ance may possess, use and sell beer or liquor, as the case may be, in accordance with this Ordinance, the regulations and the terms and conditions of the licence. 14.

(1) Subject to subsection (2), every licence expires at midnight on the 31st day of March next following the day on which the licence comes into force.

(2) A licence that contains an express prOVISIon re­ specting its expiry shall expire in accordance with such provision.

(3) No licence is transferable. 59 Possession of Jlquor by bolder. TeDlll'e of llceDces.

CHAP. 5 ALCOHOLIC LIQUORS

(4) A licensee may voluntarily surrender his licence for cancelation. SORpension or 15.

(1) The Commissioner may suspend or cancel any canceiation of licences. licence granted under this Ordinance.

(2) Where a licence is suspended or cancelled under subsection (1), all rights and privileges of the person named in the licence conferred by or under this Ordinance are suspended or determined, as the case may be.

(3) Unless the order of suspension otherwise provides, every suspension of a licence by the Commissioner shall be for an indefinite period of time and may be terminated only by further order of the Commissioner.

(4) On receipt of a notice of suspension or cancellation of his licence, the holder of the licence, shall, if so required by the notice, deliver to the Commissioner all liquor in his possession or under his control.

(5) Where liquor is delivered by the holder of a licence pursuant to subsection (4), the Commissioner may, in his discretion, purchase the liquor at a price to be fixed by him if the liquor was lawfully in the possession of the licensee prior to the cancellation or suspension of his licence under this Ordinance.

(6) Where a person to whom a notice under subsection (4) is given fails to deliver up the liquor then in his posses­ sion, the Commissioner or person authorized by him may seize the liquor and dispose of it as the Commis8ioner directs.

(7) Except as otherwise provided in this Ordinance, any person whose licence has been cancelled or suspended, may, at any time within one month after cancellation or suspension, apply to the Commissioner for reconsideration of his case, which application shall be heard and determined by the Commissioner in public session.

(8) Where a hearing is held pursuant to subsection (7) and it is determined by the Commissioner to reinstate a cancelled licence, the Commissioner may issue to the applicant a new licence whether or not the formalities required by this Ordinance to be observed by any applicant for a licence have been observed by such applicant. 60

ALCOHOLIC LIQUORS 16.

(1) Every licence for the sale of liquor shall be held to be a licence only to the person therein named and for the premises therein mentioned, and is valid only as long as the person continues to be the true owner or lessee of the business there carried on.

(2) Where a licensee dies or sells or otherwise assigns his business or becomes dispossessed of it by bankruptcy or by operation of law, then, subject to subsections (3) and (4), the licence ipso facto becomes void and shall be for­ feited to the Commissioner

(3) The Commissioner may, in a case to which sub­ section (2) applies and if it seems to him proper, grant an interim licence in respect of such premises to any person who appears to be entitled to the benefit thereof, as personal representative of the deceased licensee or as an assignee or a trustee in bankruptcy or otherwise by operation of law; but the interim licence shall not extend beyond the period of two months from the happening of the event from which the forfeiture of the licence would result, and the person to whom it is granted has all the privileges and is subject to all the liabilities of a licensee under the Ordinance. ( 4) Subject to subsection (5), a person who is granted an interim licence pursuant to subsection (3) may, within a period of two months, apply to the Commissioner for a licence in respect of the premises; and the like proceedings shall be had and taken for the hearing and consideration of the application by the Commissioner as are provided in this Ordinance in the case of an application for a licence for the first time.

(5) When a licence becomes void through the death of the licensee, the Commissioner, pending the consideration of the application for the new licence, may issue to the personal representative of the deceased licensee an interim licence for such period additional to the two months pro­ vided in subsection (3) as the Commissioner may in writing permit. 17.

Where any licence under this Ordinance is issued to a corporation anything required by this Ordinance to be done by any person as licensee whether before or after the granting of a licence, may be done in the name of the corporation, by the officer or agent of the corporation in charge of the particular premises for which the licence is to be or has been granted. 61 CHAP. 5 Validity of licences;- TnteTiin licences: Where licensee B corporation.

CHA'P. 5 Puhlic 8CI"Vonts. Condit.iolls precedent to grnnting of licences. Rcnewnlo[ licences. Applicntion tor licence. ALCOHOLIC LIQUORS 18. No licence shall be granted to or for the benefit of a person who is appointed under the provisions of

section 4 and no licence shall be granted in respect of any premises the owner or part owner of which, or of any interest therein, is such an appointee; and every inspector who knowingly recommends the issue, or is a party to the issue, of a licence in any such case is guilty of an offence. PRELIMINARIES TO GRANTING OF LICENCES. 19.

(1) No beer or liquor licence in respect of a tavern, cocktail lounge or club shall be granted to any person unless (

a) he is, in the opinion of the Commissioner, a fit person to keep and operate the kind of premises in respect of which a licence is sought; (

b) he is the true owner, or a lessee having a written lease for not less than one year, of the business carried on by him in the premises; (

c) the premises in respect of which he applies for a licence conform to the requirements of the Ordinance relating thereto, are so con­ structed as to be sanitary and otherwise suit­ able for the carrying on of the business in a reputable way and have been inspected and approved as such by an inspector; and (

d) subject to subsection (2), public notice of the making of an application has been given by the applicant by publication for three succes­ sive weeks in the Yukon Gazette in the pre­ scribed form at or about the time of the making of the application but prior to the hearing of the application.

(2) Where application is made for renewal of a Hcence, it is not necessary for the applicant to give notice of his application by publication in the Yukon Gazette. 20.

(1) Every applicant for a licence in respect of a tavern, cocktail lounge or club shall make his application to the Commissioner on the prescribed form and shall provide (

a) an affidavit in the prescribed form; 62

ALCOHOLIC LIQUORS (

b) a detailed sketch of the premises showing the rooms, services, buildings, construction mater­ ial and other pertinent information; (

c) such other requirements as the Commissioner may prescribe; and (

d) the fee set out in the

Schedule hereto.

(2) For the purpose of considering an application for a licence under subsection (1), the Commissioner may cause an inspection to be made of the premises and any other investigation the Commissioner thinks necessary. 21.

(1) Where an objection to the issuance of a licence is stated in the manner hereinafter provided the Commissioner may set a date for the hearing of the application for the licence.

(2) Upon the hearing of an application for a licence no objection to the granting of such licence shall be heard unless (

a) the objection and reasons therefor are stated in writing signed by the person objecting; (

b) the objection and reasons therefor are deposit­ ed with the Commissioner; and (

c) a copy of such objections and reasons therefor are served upon the applicant at least seven clear days before the date of the hearing.

(3) At the time and place so fixed for the hearing, the Commissioner may conduct the hearing in such manner as he deems fit and for that purpose may subpeona, call and pay witnesses and take evidence on oath.

(4) The hearing of an application for a licence shall be open to the public.

(5) Every applicant shall be personally present at the hearing of his application, unless he is absent for a reason satisfactory to the Commissioner. 22.

(1) On every application for a licence, and whether any objection has been filed or not and whether a formal hearing has been necessary or not, the Commissioner shall satisfy himself that there has been compliance with the requirements of this Ordinance preliminary to the granting of a licence. 63 CHAP.:·S Hellrjng of appliclltion. Iaaue of licenCe!.

CHAP. 5 SCl"\'il\~ of heel" with Blenls. Cocktail (IUI1g'c liquor licenccA. ALCOHOLIC LIQUORS

(2) Where the requirements of this Ordinance have been complied with, but not otherwise, the Commissioner shall proceed to consider the application and the objections thereto, if any, and all matters concerning it, and to ascer­ tain whether all the requirements of this Ordinance have been complied with, and to take notice of any defect therein, whether objection respecting it is filed or not, and whether any person has raised it or not, and to take evidence of witnesses on oath in respect thereof if he deems the evidence necessary or proper.

(3) Upon receipt of the fee set forth in the

Schedule and upon being satisfied that all the requirements of this Ordinance have been complied with and that the premises are suitable and in accordance with this Ordinance to be­ come a licensed premises and that the applicant is a fit and proper person to be licensed, the Commissioner may grant the licence for which application has been made.

(4) Notwithstanding anything herein, the Commission­ er may grant an interim licence pending the completion of his requirements respecting alterations in an hotel, or during his final consideration for an application for a licence by any person for the first. time, but the term of the licence shall not exceed sixty days. 23.

(1) Where a restaurant is maintained under the same roof in licensed premises situate beyond the boundaries of any municipality, the Commissioner may, upon application therefor, give permission to the licensee and the licensee may serve not more than two bottles of beer in the rest­ aurant with dinner to any person consuming such dinner between the hours of eleven o'clock in the forenoon and twelve o'clock midnight except on the days set out in para­ graph (

b) of subsection (2) of

section 3I.

(2) An application for permission to serve beer with meals shall be in writing signed by the licensee and ac­ companied by the fee therefor set out in the

Schedule and, if granted, an endorsement to this effect shall be made upon the licence. 24. No liquor licence in respect of a cocktail lounge shall be granted except to an hotel that has at least fifteen rooms that are furnished and maintained as sleeping quarters for the accommodation of the travelling public in 64

ALCOHOLIC LIQUORS a manner approved by the Commissioner and that is deemed by the Commissioner to be otherwise adequately equipped. for such accommodation. 25.

(1) No beer licence in respect of a tavern shall be granted except to an hotel that has both before and after licensing not less than five bedrooms in a municipality or settlement having a population of less than five hund­ red persons, and ten bedrooms in a municipality or settle­ ment having a population of more than five hundred persons.

(2) Subject to subsection (1), the Commissioner may grant a licence in respect of a tavern having two rooms, one of which shall be for the exclusive use of ladies and ladies accompanied by male escorts. 26. No liquor licence shall be granted in respect of a steamship operating in the Territory unless it has, in the opinion of the Commissioner, adequate cabin and dining room accommodation for not less than twenty-five passen­ gers. 27.

(1) No licence shall be granted in respect of an hotel where the applicant for a licence in respect of the hotel is under an agreement with a manufacturer or his agent to sell or promote the sale of liquor of the manufacturer.

(2) The discovery of the existence and observance of an agreement or arrangement, written or oral, whereby a licensee is required or is under complusion to sell liquor made by any manufacturer, renders the licence of the licensee concerned liable to suspension or cancellation by the Com­ missioner.

(3) There shall be maintained upon every licensed premises an adequate stock of liquor, when available, of the brands and types and in the form or containers which are commonly in demand in the locale where the premises are situate. CLUBS.