Statutes of the Yukon, 1986 — Volume 2 (Chapters 101) — Proclaimed and published under authority of the Revised Statutes Act; Imposition of a tax on tobacco TRADE SCHOOLS REGULATION Act; In this Act; Law Society of Yukon established under the Legal Profession Act; … (+6 more)

Yukon Stats. 1986 v.2

Yukon — Historical Statutes

Revised Statutes of the Yukon, 1986 A Revision and Consolidation of the Statutes of the Legislature of the Yukon Territory Proclaimed and published under authority of the Revised Statutes Act Volume 2 Chapters 101 to 182 Sam Cawley, Queen's Printer for the Yukon Territory Whitehorse, Yukon, 1986

T ABLE OF CONTENTS Volume 2 TITLE

CHAPTER LEGAL SERVICES SOCIETY. Establishment and operation of society to administer legal aid LEGISLATIVE ASSEMBLY .......................... . Rights and duties of members of the Legislative Assembly, and provisions respecting the operation of the Legislative Assembly 101 102 LEGISLATIVE ASSEMBLY RETIREMENT ALLOWANCES................ 103 Establishes a pension plan for members of the Legislative Assembly LIABILITY see FRUSTRATED CONTRACTS see LIMIT A TION OF ACTIONS see CONTRIBUTORY NEGLIGENCE see EMERGENCY MEDICAL AID see FATAL ACCIDENTS LIBEL see DEFAMATION LIMIT A nON OF ACTIONS ........................ .

Time limits for commencing coun proceedings in civil matters LIQUOR .............. . Establishment and operation of the Yukon Liquor Corporation. and regulation of the possession. sale and consumption of liquor. including the licensing and operation of liquor outlets LIQUOR TAX .................. . Imposition of a tax on liquor LOANS see BUSINESS DEVELOPMENT ASSISTANCE see ENERGY CONSERVATION ASSISTANCE see RECREATION see STUDENTS FINANCIAL ASSISTANCE LORD'S DAy ......................................................... .

Regulation of activities on Sundays LOTTERIES see PUBLIC LOTTERIES MAINTENANCE AND CUSTODY ORDERS ENFORCEMENT Automatic enforcement of maintenance and custody orders MANAGEMENTACCOUNTANTS ...................................... . Act governing the profession MARRIAGE ............................... . Persons who may conduct marriages, solemnization of marriages, persons who may marry, and validity of marriages 104 105 106 107 108 109 110 MARRIED WOMEN'S PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 I Removes common law rules limiting rights and duties of married women

TITLE

CHAPTER MATRIMONIAL PROPERTY see FAMILY PROPERTY AND SUPPORT MECHANICS LIEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 12 Creation and enforcement of liens for work done on real property MEDIA TION BOARD .................................................. . Establishment of Board to regulate sales of real property for taxes MEDICAL PROFESSION ............................................... .

Act governing the profession MEDICARE see HEALTH CARE INSURANCE PLAN see HOSPITAL INSURANCE SERVICES see REHABILITATION SERVICES see TRAVEL FOR MEDICAL TREATMENT MENTAL HEALTH ....................................... . Voluntary and involuntary admission of persons to mental institutions 113 114 115 MINERS LIEN .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Creation and enforcement of liens for work done on mining claims MISCELLANEOUS LAWS see

INTERPRETATION see JUDICATURE MOTELS see HOTELS AND TOURIST ESTABLISHMENTS MOTOR TRANSPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 117 Regulation of the use of motor vehicles to transport goods or passengers on highways MOTOR VEHICLES see also CONFLICT OF LA WS (TRAFFIC ACCIDENTS) see also HIGHW A YS see also MOTOR TRANSPORT MOTOR VEHICLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

I 18 Comprehensive rules governing the operation of motor vehicles on highways, including administration of the Act, operators' licences, registration and insurance of motor vehicles, civil rights and remedies, accident reports, enforcement and regulatory powers, vehicular equipment, rules of the road, rules for pedestrians, and miscellaneous duties and prohibitions MUNICIPAL... . .. ........ .. .. . ... .... . ... . . ............ .. . . . . . . . 119 Comprehensive rules governing municipalities, including incorporation, elections, government and procedure, powers and duties of council, regulatory powers, planning and zoning, boards and commissions and miscellaneous additional powers and rules of law MUNICIPAL FINANCE ................................................. 120 Grants to general revenue and operation and maintenance grants MUNICIPALITIES see MEDIATION BOARD see MUNICIPAL see MUNICIPAL FINANCE NAME reeCHANGEOFNAME 11

TITLE

CHAPTER NEGLIGENCE see CONTRIBUTORY NEGLIGENCE see EMERGENCY MEDICAL AID see FIRE PREVENTION NOISE PREVENTION ............................................. . Regulation of noisy activities NOTARIES ........................................................... .

Act governing the appointment and practices of notaries public 121 122 OCCUPATIONAL HEALTH AND SAFETy................................ 123 Rights and duties of employers and employees with regard to safety in the workplace OCCUPATIONAL TRAINING ............................................ 124 Government programs for developing and improving occupational skills OPTOMETRISTS ...................................................... . 125 Act governing the profession ORGAN DONORS see HUMAN TISSUE GIFT" PARKS .............................................................. . 126 Establishment of parks and regulation of activities in parks and campgrounds PARTNERSHIP .................................................

" .. ... 127 Comprehensive rules governing general and limited partnerships and persons involved in them, including relations between partners and third parties, relations between partners, registration and dissolution of partnerships, and registration of sole proprietorships PAWNBROKERS AND SECOND-HAND DEALERS......................... 128 Licensing and regulation of pawnbrokers and second hand dealers PERPETUITIES .................................................. . 129 Rules of law relating 10 contingent interests in real property PERSONAL PROPERTY SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 130 Comprehenisve rules governing interests taken in personal property as security for the repayment of loans and other debts, including priority of competing security interests, and enforcement rights and remedies PHARMACISTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 131 Act governing the profession PIONEER UTILITY GRANT ............................................ . 132 Grant for senior citizens who are home owners PLEBISCITE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 133 Provision for the holding of plebiscites to determine public opinion POUNDS.............................................................. 134 Impoundment of livestock trespassing or running at large outside municipalities, and regulation of the turning of animals loose to pasture in winter PRESUMPTION OF DEATH ......................... .

Court order declaring a person dead after disappearance III 135

TITLE PUBLIC HEALTH ........ .

CHAPTER 136 Enables regulations to be made to protect public health and sanitation, including provision for quarantines, health officers, and boards of health PUBLIC INQUIRIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 137 Provision for the holding of public inquiries PUBLIC LOTTERIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 138 Conduct of public lotteries and the distribution of their proceeds PUBLIC PRINTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 139 Appointment of the Queen's Printer and publication of the Yukon Gazette PUBLIC SERV ANTS SUPERANNUATION. . . . . . . . . . . . . . . . . . . . . . . . . 140 Operation of the pension plan for public servants PUBLIC SERVICE COMMISSION . ...................................... .

Comprehensive rules governing the operation of the public service, including powers and duties of the Public Service Commission, appointment and powers of deputy heads, classification of positions, pay and allowances, establishment and organization, appointments and terminations, transfers, political activities, lay offs, and employment contracts 141 PUBLIC SERVICE STAFF RELATIONS. . . . .... . .. ... ... .... . . . .. . ... . . . .. 142 Comprehensive rules governing the operation of the collective bargaining process with respect to the public service, including appointment and operation of the Public Service Staff Relations Board, complaints, certification, collective bargaining procedures, disputes, arbitration, conciliation, adjudication of grievances, and strikes PUBLIC UTILITIES ... 143 Regulation of public utilities and energy projects RAVEN ........................................................... . 144 Official bird of the Yukon REAL ESTATE AGENTS ........ ....................................... . 145 Act governing the activities of real estate agents REAL PROPERTY see CONDOMINIUM see EXPROPRIATION see LANDLORD AND TENANT see LANDS see MECHANICS LIEN see TENANTS IN COMMON RECIPROCAL ENFORCEMENT OF JUDGMENTS........... . ............. 146 Enforcement in the Yukon of court orders in certain civil proceedings outside the Yukon, and enforcement of Yukon orders elsewhere RECIPROCAL ENFORCEMENT OF JUDGMENTS (U.K.) . . . . . . . . . . . . . . . . . .. 147 Implementation of the convention between Canada and the United Kingdom for the reciprocal recognition and enforcement of judgments in civil and commercial matters iv

TITLE RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS

CHAPTER 148 Enforcemenl in the Yukon of maintenance orders obtained outside the Yukon, and enforcement of Yukon maintenance orders elsewhere RECORDING OF EVIDENCE ........................................... . Provision for evidence in court proceedings to be recorded by sound apparatus RECREATION ............................................... . Responsibilities and financial assistance for recreation programs REGULA TIONS .................................................... . Rules governing the enactment and publication of regulations REHABILITATION SERVICES ......................................... .

Provides for rehabilitation services for disabled persons 149 150 151 152 RETIREMENT PLAN BENEFICIARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 153 Designation of who receives benefits under a retirement plan on death of the plan holder ROADS see HIGHWAYS SAFETY see BOILER AND PRESSURE VESSELS see BUILDING STANDARDS see DANGEROUS GOODS TRANSPORTATION see ELECTRICAL PROTECTION see ELEVATOR AND FIXED CONVEY ANCES see FIRE PREVENTION see GASOLINE HANDLING see OCCUPATIONAL HEALTH AND SAFETY see PUBLIC HEALTH see WORKERS COMPENSATION SALE OF GOODS ..................................................... .

Comprehensive rules governing sales of goods, including formation, effects and performance of contracts, rights of upaid sellers against the goods sold, and actions for breach of contract 154 SCHOOL.............................................................. 155 Comprehensive rules governing the operation of schools, including administration, pupils, school committees, teachers and teacher staff relations, and school districts SCHOOL TRESPASS ................................................... . Trespassing on school property SCIENTISTS AND EXPLORERS ........................................ .

Licensing of scientific and exploration activities 156 157 SECURITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 158 Comprehensive rules governing the issuance and sale of stocks, bonds and other securities SENIORS INCOME SUPPLEMENT .................................. . Income supplement for senior citizens residing in the Yukon v 159

TITLE

CHAPTER SLANDER see DEFAMATION SMALL CLAIMS COURT .............................................. . Establishment and operation of the Small Claims Court SOCIAL ASSISTANCE ................................................. . Provides for the administration of social assistance programs SOCiETIES ........................................................... .

Comprehensive rules governing societies and people involved in societies, including incorporation, powers, administration, duties and dissolution of societies and registration of non- Yukon societies 160 161 162 STUDENTS FINANCIAL ASSISTANCE .............................. . . . .. 163 Financial assistance for students for post-secondary education

SUMMARY CONVICTIONS ............................................. 164 Procedure for dealing with offences against Yukon enactments, including issuance and service of tickets, proceedings upon tickets. and recovery of fines SUPREME COURT .......................................... . Establishment and operation of the Supreme Court of the Yukon SURVIVAL OF ACTIONS .......................................... . Enables civil actions to be brought or continued notwithstanding the death of the person injured SURVIVORSHIP ............... .

Rules of law that apply in the casc of apparently simultaneous deaths TAXATION see ASSESSMENT AND TAXATION see FUEL OIL TAX see INCOME TAX see INSURANCE PREMIUM TAX see LIQUOR TAX see TOBACCO TAX TENANTS see LANDLORD AND TENANT TENANTS IN COMMON ........................................... .

Presumption of law applying to joint ownership of real property 165 166 167 168 TERRITORIAL COURT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Constitution, powers and operation of the Territorial Court and the Justice of the Peace Court TOBACCO TAX ....................................................... . Imposition of a tax on tobacco TRADE SCHOOLS REGULATION Act governing the operation of private trade schools TRANSPORTATION see MOTOR TRANSPORT TRAVEL FOR MEDICAL TREATMENT ................................. .

Payment of the cost of travel to receive medical treatmcnt not available in the Yukon vi 170 171 172

TITLE

CHAPTER TRUSTEE ............................................................ . Act governing the powers, duties, activities and liability of trustees UNDERTAKERS see FUNERAL DIRECTORS UTILITIES see PUBLIC UTILITIES V ARIA TlON OF TRUSTS .............................................. . Enables the Supreme Court to vary trust arrangements VEHICLES see MOTOR VEHICLES VITAL STATISTICS ................................................... .

Registration of births, deaths and marriages, including provisions respecting burial and reburial permits 173 174 175 WAREHOUSE KEEPERS LIEN .......................................... 176 Creation and enforcement of liens for storage charges WAREHOUSE RECEIPTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 177 Comprehensive rules governing the issuance and effect of receipts for goods stored in warehouses WELFARE see SENIORS INCOME SUPPLEMENT see SOCIAL ASSISTANCE WILDLIFE Comprehensive rules respecting wildlife and the hunting and trapping of wild life, including regulation of outfitters and guides WILLS see DEPENDANTS RELIEF see DEVOLUTION OF REAL PROPERTY see INTESTATE SUCCESSION see PERPETUITIES see PRESUMPTION OF DEATH see RETIREMENT PLAN BENEFICIARIES see SURVIVAL OF ACTIONS see WILLS WiLLS ............................................................ .

Comprehensive rules respecting wills, their validity and effect, including testamentary additions to trusts 178 179 WORKERS COMPENSATION ..................... . . . . . . . . . . . . . . . . . . . . .. 180 Establishment and operation of a fund to compensate workers for injuries received in the course of employment YUKON DEVELOPMENT CORPORATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 181 Establishment and operation of the Yukon Development Corporation YUKON TARTAN............................. . .................... . Official tartan of the Yukon

Schedule B - Acts and Portions of Acts Repealed Appendix A - Acts not Repealed & not Consolidated Appendix B - Uniform Acts Appendix C - History and Disposition of Acts Index of

Section Headers vii 182

CHAPTER 101 LEGAL SERVICES SOCIETY ACT

Interpretation 1. In this Act, "applicant" means an individual who applies for legal aid, or to whom legal aid is furnished; "board" means the board of directors of the society under

section 3; "legal aid" means legal advice and other services ordinarily provided by a lawyer that may be furnished to an individual under this Act; "registrar of regulations" means the registrar of regulations under the Regulations Act; "society" means the Yukon Legal Services Society established under this Act; "Law Society of Yukon" means the Law Society of Yukon established under the Legal Profession Act. Establishment of the society 2.

(1) There is hereby established a body corporate under the name "Yukon Legal Ser vices Society", consisting of the persons appointed from time to time under

section 3.

(2) For the purposes of this Act, the society has all the powers and capacity of a natural person.

(3) The society is not an agent of the Government of the Yukon or the Law Society of Yukon. BOARD OF DIRECTORS Membership 3.(

I) The society shall have a board of directors consisting of (

a) three persons nominated by the Law Society of Yukon, (

b) one person nominated by the Attorney General of Canada, and (

c) four persons nominated by the Executive Council Member, at least three of whom shall not be lawyers.

(2) Nominations under paragraphs (I )(

a) and (

b) shall be in writing signed by or on behalf of the nominator, and are effective from the time they are delivered to the registrar of regula tions.

(3) Nominations under paragraphs (I)(

a) and (

b) may be revoked by delivery to the registrar of regulations of an appropriate statement, signed by or on behalf of the person entitled to make the nomination.

(4) Where a vacancy occurs in the membership of the board, it may be filled for the unexpired tenn of the person who was a member by nomination or appointment of the appropri ate authority pursuant to subsections (

I) and (2).

LEGAL SERVICES SOCIETY ACT

CHAPTER 101

(5) The registrar of regulations shall, within one month of receiving a nomination or revocation under this section, publish notice of it in the Yukon Gazette.

(6) A vacancy in the membership of the board does not impair the right of the remaining members to act. Term of office 4.(

I) The term of office for which members of the board may be appointed shall not exceed two years.

(2) A member of the board is eligible for reappointment on the expiration of his term of office.

(3) Notwithstanding subsection (I), of the members first nominated under paragraph 3(1 )(a), two shall hold office for a term of one year, and of the members first appointed under paragraph 3( l)(c), two shall hold office for a term of one year. Chairperson 5. The board shall select a chairperson from its members. Meetings 6.{

I) The board shall meet at the call of the chairperson, who shall ensure that members receive not less than five days notice of meetings.

(2) Notwithstanding subsection (I), a meeting of the board may be called with less than five days notice where, in the opinion of the chairperson, it is necessary to do so to deal with an urgent matter, but no business shall be conducted at the meeting unless the decision of the chairperson to call the meeting is ratified at the meeting by not less than three quarters of the members of the board. Quorum 7. A majority of the members of the board is a quorum. Decisions 8. A decision of a majority of the members present at a meeting of the board is a decision of the board. Remuneration and expenses 9.(

I) Members of the board who are not members of the public service of the Yukon or Canada may be paid such remuneration as may be prescribed.

(2) A member of the board may be paid transportation, accommodation and living expenses incurred in connection with the performance of his duties as a member of the board away from his ordinary place of residence, but the payment of such expenses shall conform as nearly as possible in all respects to the payment of such expenses for members of the public service of the Yukon. 2

CHAPTER 101 LEGAL SERVICES SOCIETY ACT MANAGEMENT OF THE SOCIETY Powers of the board 10.(

I) Subject to this Act, the board shall control and direct the business of the society and may, by resolution, determine its own procedures.

(2) Without limiting the generality of subsection (I), the board may, by resolution, make provision for (

a) the conduct of the meetings and business of the board, (

b) the records to be kept in respect of the business of the board, and the custody, preservation and provision of access to them, (

c) the appointment, powers and duties of a vice-chairperson, (

d) the procedures to be followed where a member of the board has a conflict of interest in respect of any matter under consideration by the board, and (

e) any other matter that reasonably is necessary or advisable for the effective and orderly performance of the duties of the board.

(3) All members of the board are entitled to have access to records referred to in paragraph (2)(b). Executive director 11.(

I) The board may, by resolution, appoint an executive director and determine the terms and benefits of his employment.

(2) The executive director shall supervise, manage and administer the business of the society in accordance with the policies of the board, and subject to its control and direction. Staff 12.(

I) The board may appoint officers and employees, and engage specialists and con sultants required to carry out the business of the society.

(2) A board may determine the terms and benefits of employment of persons employed or engaged under subsection (I).

(3) The Public Service Commission Act and the Public Service Staff Relations Act do not apply to the society and its staff.

(4) The society may, for the benefit of some or all of the members of its staff and their dependents, establish, support or participate in pension, superannuation or group insurance plans. Delegation of power 13.(

I) The board may, by resolution, delegate any of its powers under this Act not required to be exercised by order or resolution to one or more members of the board, or to the executive director, where the board is of the opinion that it is advisable to do so for the effective conduct of its business. 3

LEGAL SERVICES SOCIETY ACT

CHAPTER 101

(2) A decision of a person to whom power has been delegated under subsection (

I) is a decision of the board, but the board may revoke, vary or confirm the decision. LEGAL AID Powers of the society 14.(\) Subject to this Act and the regulations, the society may (

a) provide legal aid to individuals who are unable for financial reasons to secure legal services necessary because of their involvement in (

i) criminal proceedings that could lead to their imprisonment, (ii) civil proceedings that could lead to their imprisonment or con finement, (iii) proceedings respecting domestic disputes that may affect their or their children's physical or mental safety or health, or (iv) legal problems that threaten their livelihood, the physical or men tal safety or health of themselves or their families, or their ability to provide food, clothing and shelter for themselves or their fami lies, (

b) establish student legal aid offices, community clinics and other programs for the provision of legal advice or services, and (

c) develop or co-ordinate programs to reduce or prevent the occurrence of legal problems among the people of the Yukon, and to increase their knowledge about the law, legal processes, and the administration of justice.

(2) Legal aid shall not be provided except for a proceeding or proposed proceeding in any court in respect of (

a) an offence by an individual against

an Act of Parliament or the Legislature, (

b) an offence by an individual against a regulation made pursuant to

an Act of Parliament or the Legislature, or (

c) a civil matter in respect of which legal aid may be provided to an individual pursuant to an agreement between the Government of Canada and the Gov ernment of the Yukon.

(3) Notwithstanding any other provision of this or any other Act, and notwithstanding any rule of law to the contrary, legal aid shall not be provided except by decision of the board pursuant to this Act. Society not practising law 15. Notwithstanding

section 14, and notwithstanding the provisions of the Legal Profes sion Act, the society in providing legal aid shall be deemed not to be practising law within the meaning of that Act. Board orders 16.(

I) Subject to this Act, the board may by order specify or establish (

a) the matters in respect of which legal aid may be provided, (

b) the standards and criteria for determining an applicant's eligibility for legal aid, 4

CHAPTER 101 LEGAL SERVICES SOCIETY ACT (

c) the circumstances in which an applicant may be required to contribute to the cost of legal aid provided to him, and the amount required to be contributed, (

d) the procedures for accommodating applicants who reside in remote areas of the Yukon, (

e) the procedures for accommodating applicants who are under the age of 19 years, (

f) classes of matters in respect of which legal aid may be provided, and the manner in which and extent to which legal aid may be provided for any such class, (

g) the basis for detennining the amount of fees and disbursements payable to a lawyer for services provided under this Act, (

h) a tariff of fees and disbursements to be used in taxing lawyers' bills, (

i) the procedure for approving, taxing, settling and paying the accounts of lawyers, (

j) the appointment, duties and remuneration of duty counsel, (

k) the procedures and fonns to be used for applications for legal aid, (

I) the procedures for selecting and appointing a lawyer to provide services under this Act to an applicant, (

m) the procedures and fonns to be used by lawyers for submitting bills to the society, (

n) the rules to be followed by lawyers in the provision of services under this Act, (0) the procedures for the maintenance of a panel of lawyers for the provision of services under this Act, (

p) the circumstances in which and the extent to which costs awarded against an applicant in proceedings in respect of which he has been provided with legal aid may be paid by the society, and (

q) appeals to the board from decisions made by a person in the exercise of a power delegated to him under

section 13.

(2) The board may by order revise or repeal any order made under subsection (I), and in such revision or repeal may make such transitional provisions as the board considers necessary. Commencement of orders 17.(

I) Orders of the board under

section 16 come into force upon their publication in the Yukon Gazette, or such later time as they may specify.

(2) An order of the board under

section 16 is a regulation within the meaning of the Regulations Act. Eligibility for legal aid 18. The eligibility of an applicant for legal aid shall be detennined by the board on the basis of (

a) its orders in force under

section 16 at the time at which the legal aid is to be provided, and (

b) the ability of the applicant to obtain legal services at his own expense. 5

LEGAL SERVICES SOCIETY ACT

CHAPTER 101 FINANCIAL MATTERS Funds of the society 19.(

I) The funds of the society consist of money received by it from any source includ ing, without restricting the generality of the foregoing, (

a) money granted to it by the Government of the Yukon or the Government of Canada, (

b) money received by it by way of gift, bequest or otherwise for the purposes of this Act, and (

c) money received by it as a contribution from recipients of legal aid, or as costs in respect of proceedings in respect of which legal services have been pro vided under this Act.

(2) The board may invest, expend and administer funds of the society subject to this Act and subject to the terms, if any, upon which the money is given or otherwise made available to the society. Government funding 20.(

I) The board shall, at least once in every fiscal year at such time as the Executive Council Member directs, submit to him an estimate of the sum required to fulfill its programs under this Act during the next succeeding fiscal year after making allowances for the society's estimated revenues from sources other than the Government of the Yukon.

(2) For the purposes of this Act, the Executive Council Member may, subject to the Financial Administration Act, pay grants to the society from the Yukon Consolidated Revenue Fund with money authorized to be paid and applied for legal aid or legal education by

an Act of the Legislature, and he may for the purposes of subsection 19(2) specify terms relating to the investment, expenditure and administration of the grants. Recovery of contributions from applicants 21. Where an applicant is required pursuant to paragraph 16( I )(

c) to make a contribution toward the cost of legal aid furnished to him, the amount of the contribution until paid constitutes a debt due and owing to the society recoverable in a court of competent jurisdiction. Costs 22.

(1) A court may award costs to an individual in a proceeding in which he has received legal aid, notwithstanding that he has not paid and will not be liable to pay his counsel.

(2) Where costs are awarded under subsection (I), they shall be deemed to be assigned to the society and recoverable by it. Payment of costs out of recovered amounts 23. Where any money is paid to or recovered by the society or a lawyer for an applicant in respect of any proceedings for which legal aid has been provided to the applicant, the society is entitled to receive or retain out of that money compensation for its lawyer's costs and other expenses incurred in the course of and as a consequence of the provision of the legal aid. 6

CHAPTER 101 LEGAL SERVICES SOCIETY ACT Financial Administration Act 24. The Financial Administration Act does not apply to funds of the society. Fiscal year 25. The fiscal year of the society shall be the same as that of the Government of the Yukon. Audit 26. An auditor appointed by the Executive Council Member shall annually audit the books, records and accounts of the society and submit a report to the Executive Council Member. MISCELLANEOUS Privilege 27.

(1) All information and communications in the possession of the society relating to an applicant for legal aid and his affairs is privileged to the same extent that privilege would attach to information and communications in the possession of a lawyer.

(2) Notwithstanding any other Act or rule of law, a lawyer who provides services under this Act to an applicant shall disclose to the board, or to a member of the board or its staff designated by the board, all information of which the lawyer is aware respecting the eligibility of the applicant to receive legal aid. Liability for professional conduct and costs 28.(

I) The society is not liable for anything done or omitted to be done by a lawyer in the provision of services to an applicant under this Act.

(2) Except as provided under paragraph 16(1)(p), the society is not liable for the payment of costs awarded against an applicant in any proceedings in respect of which he receives legal aid.

(3) With respect to services provided by a lawyer under this Act, he remains subject to the Legal Profession Act and the rules of the Law Society of Yukon. Societies Act 29.

(1) The Societies Act does not apply to the society.

(2) Notwithstanding subsection (I), the Commissioner in Executive Council may order that one or more of the provisions of the Societies Act apply to the society.

(3) Upon the winding-up of the society, the assets of the society remaining after discharge of its debts and other liabilities shall become the property of the Government of the Yukon. Annual report 30. The board shall submit to the Executive Council Member an annual report on its affairs, including such statistical, financial, descriptive and explanatory information as the Executive Council Member may require. 7

LEGAL SERVICES SOCIETY ACT

CHAPTER 101 Agreements with Canada 31. The Commissioner in Executive Council may enter into agreements with the Govern ment of Canada respecting the provision of legal aid in the Yukon. Regulations 32. The Commissioner in Executive Council may make regulations respecting (

a) the remuneration payable to members of the board; (

b) the oaths of office to be taken by members of the board; (

c) any other matter not provided for in

section 16 that he considers necessary to carry the purposes and provisions of this Act into effect. 8

CHAPTER 102 LEGISLATIVE ASSEMBLY ACT

Interpretation 1.

In this Act, "Government Leader" means the recognized leader of the party or coalition that forms the Government; "leader of a party" means the recogn ized leader of a party; "Leader of the Official Opposition" means the recognized leader of the party with the largest number of members in opposition to the party or coalition that forms the government; "member" means a member of the Legislative Assembly; "party" means a registered political party as defined in the Elections Act which has one or more members who identify themselves with that party in the Legislative Assembly; "recognized leader" means the member who is recognized, by the other members who identify themselves with a party, as being the leader of that party in the Legislative Assembly.

Composition 2. The Legislative Assembly shall be composed of members elected in the manner provided by the Elections Act one to represent each of the electoral districts established by the Electoral District Boundaries Act. Duration 3. At the prorogation of a Legislative Assembly it is not necessary to name any day to which it is prorogued, nor to issue a proclamation for a meeting of the Legislative Assembly, unless it is intended that the Legislative Assembly meet for the dispatch of business. Qualifications 4.

Any person who would be entitled to vote at an election of members of the Legislative Assembly pursuant to the Elections Act shall be eligible for nomination and election as a member of the Legislative Assembly, unless disqualified under this or any other Act. Disq ualifications 5.(

I) A member of the Senate or of the House of Commons of Canada or of the legislative assembly of any province is not eligible to be a member of the Legislative Assem bly.

(2) A member of the Legislative Assembly who sits or votes as a member of the Senate or of the House of Commons of Canada or of the legislative assembly of any province becomes ineligible to be a member of the Legislative Assembly or to sit or vote in the Legislative Assembly. Disqualifications and exemptions 6.

(1) For the purposes of this

section and

section 7, "Government" includes any depart ment, ministry, branch, board, commission or agency of the government.

LEGISLATIVE ASSEMBLY ACT

CHAPTER 102

(2) Subject to subsection (3), a person who accepts or holds any office, commission or employment in the service of, or at the nomination of, Her Majesty, the Government of Canada or the Government of the Yukon is not eligible to be a member of the Legislative Assembly or to sit or vote in the Legislative Assembly.

(3) Nothing in this Act renders a person ineligible to be a member of the Legislative Assembly by reason only that he, (

a) accepts or holds the office of Speaker or Deputy Speaker of the Legislative Assembly, (

b) accepts or holds a position as member of the Executive Council or the Advisory Committee on Finance, (

c) receives any indemnity, expense allowance, salary, reimbursement or other payment to which he is entitled pursuant to this Act, (

d) is or becomes an active member of the Canadian Forces as a consequence of war, (

e) is or becomes a member of the militia or other reserve of the Canadian Forces other than in a position to which is attached a full-time salary, (

f) accepts or holds a position which a member of the Legislative Assembly is expressly authorized to hold by resolution of the Legislative Assembly or by any Act as long as no salary or other profit is received by the person other than as provided for in or pursuant to the resolution or Act, (

g) attends any meeting or event as a representative of the Legislative Assembly. the Speaker or the Government of the Yukon in his capacity as a member of the Legislative Assembly and receives only reimbursement of his travelling and living expenses therefor, (

h) accepts or holds the office of justice of the peace, coroner or notary public, (

i) receives a pension or other benefit in respect of previous service to Her Majesty, the Government of Canada or the Government of the Yukon, (

j) is or becomes employed by the Government of the Yukon as a casual employee within the meaning of the Public Service Commission Act, or (

k) is or becomes a member of a board, commission or other body created by

an Act and he holds office as a member at the nomination of the Commissioner in Executive Council. Disclosure of members' interests 7.(

I) The purpose of this

section in general is to promote full public disclosure by the members of their private interests, which may be or may appear to be in conflict with their duties as members, and in panicular but without limiting the generality of the foregoing, the purpose of this

section is to promote full public disclosure of (

a) any direct or indirect interest of a member or his family, alone or with another, or by the interposition of a trustee, corporation or third pany, in any contract with the Government of the Yukon, (

b) any substantial benefits received directly or indirectly by a member or his family for or in respect of any contract with the Government of the Yukon, (

c) any substantial benefit or gift received by a member or his family that may have been or may appear to have been received in respect of the actual or anticipated discharge by the member of his public duties, 2

CHAPTER 102 LEGISLATIVE ASSEMBLY ACT (

d) any debt or other obligation of a member that may influence or appear to influence the discharge by the member of his public duty, (

e) all of the business interests of a member and his family including director ships held by the member or his family, and (

f) the arrangements made by the members and their families to ensure that no real, apparent or potential conflict of interest exists or will arise between their personal and business affairs and their public duties.

(2) Every member shall, on or before April 30 in each year, file with the clerk of the Legislative Assembly, a disclosure statement setting forth (

a) a full description of the sources of all income received by the member or his family in the immediately preceding calendar year, (

b) a full description of all real property in the Yukon in which the member or his family has an interest, or has had an interest in the immediately preceding calendar year, (

c) a full description of the corporations, associations, partnerships and societies in which the member or his family has an interest, or has had an interest in the immediately preceding calendar year, (

d) a description of assets of the member and his family, other than assets referred to in paragraph (

b) and (

c) and family assets within the meaning of the Family Property and Support Act, (

e) where a member or his family has received any benefit under any contract or agreement with the Government of the Yukon, a full description of the nature and value of that benefit, (

f) subject to paragraph (d), such other information as may be required by the regulations, and (

g) such other information or particulars as the member may include to comply with the purpose of this

section or to show what he has done to avoid conflicts between his present interests and his duties as a member.

(3) In this section, "family" means dependant relatives of the member residing in the same household as the member and includes his spouse.

(4) Every member shall from time to time file with the clerk of the Legislative Assembly such amendments to his disclosure statement as may reasonably be required to comply with the purpose of this section.

(5) Every disclosure statement or amendment filed with the clerk of the Legislative Assembly under this

section shall be open for inspection by the public during the normal office hours of the office of the clerk of the Legislative Assembly.

(6) Where an interest or benefit is received, held or enjoyed by a member in common with other members of the public or a class of the public under a statutory right, other than one that is subject to the exercise of a power of discretion by a member of the public service, and the member receives, holds or enjoys no special preference not available to other members of the public or members of the class, the interest or benefit need not be set forth in the disclosure statement by the member. 3

LEGISLATIVE ASSEMBLY ACT

CHAPTER 102

(7) Notwithstanding subsections (

I) and (2), a member need not set forth in his disclosure statement an interest in which he has no beneficial interest and that is held by him as an executor, administrator or trustee.

(8) Section 3 of the

Summary Convictions Act does not apply in respect of this section. Loss of eligibility to vote as an elector 8. No person is eligible to be a member of the Legislative Assembly or to sit or vote in the Legislative Assembly at any time that he would not be entitled to vote at an election of members of the Legislative Assembly pursuant to the Elections Act. Election of disqualified person 9.

If a person is disqualified or ineligible to be a member of the Legislative Assembly by this or any other Act at the time of his election and is nevertheless elected and returned as a member-elect, his election and return are nu)) and void unless he has declared the grounds for disqualification or ineligibility and, within 30 days of his election and return, divested himself of the grounds for his disqualification in the manner provided in the Elections Act. Determination of disqualification 10.(

I) No disqualification or ineligibility arising under

section 6 on any ground existing before an election shall be held to affect the right of a person to be a member of the Legislative Assembly or to sit or vote in the Legislative Assembly until such has been duly declared and held by a court hearing the issue pursuant to the Controverted Elections Act.

(2) Subsection (

I) shall not be construed so as to limit any power the Legislative Assem bly may have to suspend or expel a member. Duration, effect and enforcement of disqualification 11.

(1) A person who by or pursuant to this or any other Act is disqualified from being, made ineligible to be, or declared to be ineligible to be a member of the Legislative Assembly shall remain so ineligible and shall not sit or vote in the Legislative Assembly, during the term of the then current Legislative Assembly.

(2) A person who is declared to be disqualified from being or ineligible to be a member of the Legislative Assembly (

a) by a court pursuant to the Controverted Elections Act, or (

b) by the Legislative Assembly on a ground arising under this Act and who sits or votes therein after having been declared to be so disqualified or ineligible, is subject to a penalty of $200 for every day on which he sits or votes.

(3) Any person who would be entitled to vote at an election under the Elections Act who has grounds to believe that a member is subject to a penalty under subsection (2) may com mence an action in his own name in the Supreme Court for an order that the penalty should be paid by the member to the Yukon Consolidated Revenue Fund.

(4) While an action under the provisions of this

section is pending and is being duly prosecuted in good faith, no other action of the same nature shall be brought against the same person. 4

CHAPTER 102 LEG1SLATlVE ASSEMBLY ACT

(5) Where an action under the provisions of this

section is brought and judgment in the action rendered against the defendant, no proceeding shall be commenced or continued in any other action against the same person for any offence under this

section committed before the time of notice to him of the judgment. Seat of disqualified member becomes vacant 12. When a member becomes ineligible to be a member of the Legislative Assembly or to sit and vote in the Legislative Assembly by reason of any provision of this or any other Act, the seat of the member forthwith becomes vacant. Resignation of member 13.(

I) A member of the Legislative Assembly may resign his seat, (

a) by declaring openly in his place in the Legislative Assembly his wish to resign, in which case the seat of the member shall forthwith become vacant, (

b) by causing to be delivered to the Speaker a written statement signed by him and attested by two witnesses declaring his wish to resign, and upon receipt thereof by the Speaker the seat of the member shall forthwith become vacant, or (

c) if at the time the Legislative Assembly is not sitting and there is no Speaker, the Speaker is absent from the Yukon or the member wishing to resign is the Speaker, by causing to be delivered to the Deputy Speaker or, in his absence, to two members, a written statement signed by him and attested by two witnesses declaring his wish to resign, and upon receipt thereof by the Dep uty Speaker or the two members, the seat of the member shall forthwith become vacant.

(2) Where a member resigns pursuant to subsection (1), the clerk shall record the resigna tion in the journals of the Legislative Assembly. Writ of election following resignation 14. Where a member resigns by open declaration in the Legislative Assembly, the clerk of the Legislative Assembly shall submit a copy of the record of the resignation to the Commis sioner, who shall issue a writ for an election to fill the vacancy pursuant to the Elections Act. Writ of election following resignation 15.

Where a member executes a written fonn of resignation, the Speaker, the Deputy Speaker or the two members upon receiving the resignation shall forthwith address a signed and sealed warrant to the clerk of the Legislative Assembly who shall transmit the warrant to the Commissioner, who shall issue a writ for an election to fill the vacancy pursuant to the Elections Act. Member may not resign until sworn in 16. No person shall be deemed to be a member of the Legislative Assembly so as to be entitled to resign pursuant to this Act until he has been declared elected and taken an oath of allegiance. 5

LEGISLATIVE ASSEMBLY ACT

CHAPTER 102 Notice to clerk of vacancy other than by resignation 17. When a vacancy in the representation of any electoral district is created in any way other than by resignation, the Speaker or any two members of the Legislative Assembly may give notice of the vacancy to the clerk of the Legislative Assembly, who shall record the vacancy in the journals of the Legislative Assembly and transmit the notice to the Commis sioner, who shall issue a writ to fill the vacancy pursuant to the Elections Act. No by-election prior to general election 18.

Notwithstanding sections 14, 15 and 17 no new writ shall issue to fill a vacancy that occurs within six months of the expiry of the time limited for the duration of the Legislative Assembly. Effect of general election on by-election 19. Where the Legislative Assembly is dissolved after the issue of a new writ to fill a vacancy and before the election held pursuant to it, the writ shall thereupon be deemed to have been superseded and withdrawn. Effect of resignation on election proceedings 20.

The resignation of a member shall not affect the conduct or result of any proceedings in respect of that member or his election that are pending or that may thereafter be taken under this Act, the Controverted Elections Act or the Elections Act. Election of Speaker 21. The Legislative Assembly, on its first assembling after a general election, shall proceed with all practicable speed to elect one of its members to be Speaker. Replacement of Speaker 22.

In case of a vacancy happening in the office of the Speaker by death, resignation or otherwise, the Legislative Assembly shall proceed with all practicable speed to elect another of its members to be Speaker. Deputy Speaker 23.

The Legislative Assembly may elect a Deputy Speaker, and in any case where the Speaker, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the Legislative Assembly in any day, he may call upon the Deputy Speaker or in his absence upon any member of the Legislative Assembly to take the chair and act as Speaker during the remainder of the day, or a part thereof, unless the Speaker himself resumes the chair before the close of the sittings of that day, and the Deputy Speaker or member so called upon shall take the chair and act as Speaker accordingly.

Absence of the Speaker 24. Where the Legislative Assembly is informed by the clerk at the table of the absence of the Speaker, the Deputy Speaker, if present, shall take the chair and shall perform the duties and exercise the authority of the Speaker in relation to all proceedings of the Legislative Assembly until the meeting of the Legislative Assembly on the next sitting day. 6

CHAPTER 102 LEGISLATIVE ASSEMBLY ACT Absence of the Speaker and Deputy Speaker 25. Where the Legislative Assembly is informed by the clerk at the table of the absence of the Speaker and the Deputy Speaker, the Legislative Assembly shall elect a member to take the chair and act as Speaker for the day or for such longer period during the continuing absence of the Speaker and the Deputy Speaker as the Legislative Assembly may determine. Validity of proceedings in the absence of the Speaker 26.

Where, at any time during a session of the Legislative Assembly, the Speaker is absent from the Legislative Assembly and the Deputy Speaker or a member thereupon performs the duties and exercises the authority of the Speaker as hereinbefore provided, or pursuant to a resolution of the Legislative Assembly, every act done and proceeding taken in or by the Legislative Assembly in the exercise of its powers and authority is as valid and effectual as if the Speaker himself were in the chair. Standing orders 27.

The Legislative Assembly may adopt standing orders for the orderly conduct of its business, and may amend the standing orders from time to time. Decisions by majority vote 28. Questions arising in the Legislative Assembly shall be decided by a majority of votes cast, and the Speaker shall not vote except as provided in

section 29. Speaker's casting vote 29. When the number of votes cast for and against a motion are equal, the Speaker shall give a casting vote. Offence 30.

No member of the Legislative Assembly shall receive or agree to receive any fee, compensation or reward, directly or indirectly, either alone or with another, for services rendered or to be rendered to any person, either by himsel f or another, in relation to the drafting, preparation or promotion of any bill, resolution, question, petition, proceeding, controversy, charge or other matter before the Legislative Assembly or a committee thereof, or in order to influence or to attempt to influence any member of the Legislative Assembly or a committee thereof. Penalty 31.(

I) A member violating

section 30 is subject to a penalty of $1 ,000 and the amount or value of the fee, compensation or reward received or agreed to be received by him.

(2) Any person who would be entitled to vote at an election under the Elections Act who has grounds to believe that a member is subject to a penalty under subsection (

I) may com mence an action in his own name in the Supreme Court for the penalty, and one-half of the penalty shall belong to the person bringing the action and one-half shall belong to the Yukon Consolidated Revenue Fund. 7

LEGISLATIVE ASSEMBLY ACT

CHAPTER /02 Effect of offence 32.

(1) If judgement is recorded against a member under

section 30, or if by resolution of the Legislative Assembly it is declared that a member has been guilty of a violation of

section 30, the seat of the member shall thereupon become vacant.

(2) A member whose seat becomes vacant pursuant to subsection (

I) shall be ineligible to be elected to or sit or vote in the Legislative Assembly during the term of the then current Legislative Assembly. Immunity of members 33. No member of the Legislative Assembly is liable to any civil action or prosecution, arrest, imprisonment or damages by reason of any matter or thing brought by him before the Legislative Assembly or any committee thereof by petition, bill, resolution, motion or other wise, or anything said by him before the Legislative Assembly or any committee thereof. Privilege of copies of reports 34.

In any civil proceedings or prosecution against a person for or on account of or in respect of the publication of any copy of any debates, journals, votes and proceedings or reports printed by or under the authority of the Legislative Assembly, the defendant at any stage of the proceedings may lay before the court (

a) the debates, journals, votes and proceedings or reports and the published copy. and (

b) a statutory declaration verifying the debates, journals, votes and proceedings or reports and declaring the copy to be a true copy, and the court upon being satisfied as to the correctness of the statutory declaration shall immediately stay the civil proceedings, and the proceedings and every writ or process issued thereon shall thereupon terminate. Publishing of extracts of reports 35.(

I) Upon the trial of an action against a person for publishing an extract from or an abstract of any debates, journals, votes and proceedings or reports by or under the authority of the Legislative Assembly, (

a) the debates, journals, votes and proceedings or reports may be given in evidence under the general issue or denial, and (

b) it may be shown that the extract or abstract was published bona fide and without malice.

(2) If in the opinion of the court the extract or abstract was published bona fide and without malice, judgement shall be rendered or a verdict shall be entered for the defendant. Evidence 36. In the proceedings referred to in sections 34 and 35 a copy of the debates, journals, votes and proceedings or reports of the Legislative Assembly printed or purporting to be printed by its order shall be admitted as evidence of the debates, journals, votes and proceedings or reports and of their contents by the court without any proof being given that the copies were so printed. 8

CHAPTER 102 LEGISLATIVE ASSEMBLY ACT Exemption from jury duty 37. During a session of the Legislative Assembly or the 20 days preceding and the 20 days following the session, (

a) all officers and employees of the Legislative Assembly, and (

b) all witnesses summoned to attend before the Legislative Assembly or a com mittee thereof, are exempt from serving or attending as jurors before any court of justice in the Yukon. Administration of oaths and affidavits 38. Every member of the Legislative Assembly is ex officio a commissioner empowered to administer oaths and take and receive affidavits, declarations and affirmations in or outside the Yukon for use in the Yukon. ALLOW ANCES AND SALARIES Indemnity and expense allowances 39.(

I) Each member appointed to the Executive Council or to the Advisory Committee on Finance, or to both, shall be paid an indemnity of $22,854 per annum and an expense allowance of $1 1,427 per annum.

(2) An indemnity of $22,854 per annum and an expense allowance of $11 ,427 per annum shall be paid to each member to whom subsection (

I) does not apply and who represents one of the following electoral districts: (

a) Campbell; (

b) Faro; (

c) Hootalinqua; (

d) Klondike; (

e) Kluane; (

t) Mayo; (

g) Old Crow; (

h) Tatchun; (

i) Watson Lake.

(3) An indemnity of $22,854 per annum and an expense allowance of $8,979 per annum shall be paid to each member of the Legislative Assembly to whom subsection (

I) does not apply and who represents one of the following electoral districts: (

a) Whitehorse North Centre; (

b) Whitehorse Porter Creek East; (

c) Whitehorse Porter Creek West; (

d) Whitehorse Riverdale North; (

e) Whitehorse Riverdale South; (

f) Whitehorse South Centre; (

g) Whitehorse West.

(4) The expense allowances referred to in subsections (I), (2) and (3) are provided to pay for the expenses of that member incident to the discharge of his duties as a member. 9

LEGISLATIVE ASSEMBLY ACT

CHAPTER 102

(5) For the purpose of computing the amount of any allowances payable pursuant to this section, a member shall be deemed to have been a member from the polling day on which he was elected up to and including the earlier of (

a) the day preceding the polling day following the dissolution of the Legislative Assembly of which he is a member, or (

b) the day on which he dies, resigns, is disqualified or otherwise ceases to be a member.

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

section a deduction of $100 shall be made from (

a) for each day the member is absent from a sitting of the Legislativ~ Assembly, and (

b) for each day the member is absent from a sitting of a committee of which he is a member, where his absence is not excused by the rules of the committee providing for another member of the Legislative Assembly to take the place of the absent committee member.

(7) No deduction shall be made under subsection (6) in respect of any absence resulting (

a) the sickness of the member, (

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

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

d) the attendance of the member at any meeting or event as a member of the Executive Council, as a representative of the Government of the Yukon or as a representative of the Legislative Assembly. Speaker and Deputy Speaker 40.(

I) In addition to the amounts provided in

section 39, there shall be paid (

a) to the member elected Speaker, a salary of $6,678 per annum, (

b) to the member elected Deputy Speaker, a salary of $3,339 per annum, and (

c) to a member who is the chairperson of a select committee, a salary of $2,226.

(2) For the purpose of computing the amount of salary payable under this section, a Speaker shall be deemed to occupy the position up to and including the earlier of (

a) the day preceding the date fixed by proclamation for the beginning of the next sitting of the Legislative Assembly after the Legislative Assembly of which he is a member is dissolved, or (

b) the day on which he dies, resigns, is disqualified or otherwise ceases to occupy the position.

(3) For the purpose of computing the amount of salary payable under this section, a Deputy Speaker shall be deemed to occupy the position up to and including the earlier of (

a) the day preceding the polling day following the dissolution of the Legislative Assembly of which he is a member, or (

b) the day on which he dies, resigns, is disqualified or otherwise ceases to occupy the position. 10

CHAPTER 102 LEGISLATIVE ASSEMBLY ACT Executive Council and Advisory Committee on Finance 41.

(1) In addition to the amounts provided in

section 39, there shall be paid to each member appointed to the Executive Council or to the Advisory Committee on Finance, or to both, a salary of $22,260 per annum.

(2) For the purpose of computing the amount of salary payable under this section, each member appointed to the Executive Council shall be deemed to occupy his position on the Executive Council from and including the day of his appointment up to and including the earlier of (

a) the day on which his appointment is terminated, or (

b) the day on which he dies, resigns, is disqualified or otherwise ceases to occupy the position.

(3) For the purpose of computing the amount of salary payable under this section, each member appointed to the Advisory Committee on Finance shall be deemed to occupy his position on the committee from and including the day of his appointment up to and including the earlier of (

a) the day of the dissolution of the Legislative Assembly of which he is a member, or (

b) the day on which he dies, resigns, is disqualified or otherwise ceases to occupy the position. Government Leader 42.(

I) In addition to the amounts provided in sections 39 and 41, the Government Leader shall be paid a salary of $5,565 per annum.

(2) For the purpose of computing the amount of salary payable under this section, the Government Leader shall be deemed to occupy his position for the period that he is (

a) the recognized leader of the party or coalition that forms the government, and (

b) a member of the Executive Council. Leader of the Official Opposition 43.(

I) In addition to the amounts provided in

section 39, the Leader of the Official Opposition shall be paid a salary of$2,783 per annum.

(2) Every leader of a party, other than the Government Leader and the Leader of the Official Opposition, shall be paid, in addition to the amounts provided in

section 39, a salary of $1,113 per annum.

(3) For the purpose of computing the amount of salary payable under this section, a leader of a party, other than the Government Leader, shall be deemed to have occupied his position from the later of the polling day on which he was elected a member and the day on which he becomes leader, up to and including the earlier of (

a) the day preceding the polling day following the dissolution of the Legislative Assembly of which he is a member, or (

b) the day on which he resigns, dies, is disqualified or otherwise ceases to occupy the position. 11

LEGISLATIVE ASSEMBLY ACT

CHAPTER 102 Payment of indemnities, etc. 44. The indemnities, expense allowances and salaries mentioned in sections 39, 40, 41, 42 and 43 are payable every 14 days. Accommodation and travel expenses 45.(

I) Every member who is absent from his normal place of residence in order to attend a sitting of the Legislative Assembly, a meeting of a committee of the Legislative Assembly or any meeting or event as a representative of the Legislative Assembly, of the Speaker or of the Government of the Yukon, in his capacity as a member shall be (

a) reimbursed for his actual expenditures for accommodation, and (

b) paid an allowance for meals, incidental expenses and travelling expenses at the rate in force at the time for the public service.

(2) A member representing the electoral district of (

a) Campbell, (

b) Faro, (

c) Hootalinqua, (

d) Klondike, (

e) Kluane, (

f) Mayo, (

g) Old Crow, (

h) Tatchun, or (

i) Watson Lake who is absent from his normal place of residence in order to attend a meeting of the caucus of a party or to attend any meeting or event in his capacity as a member during a period when the Legislative Assembly is not sitting shall be paid an allowance for meals and incidental expenses at the rate in force at the time for the public service, and shall be reimbursed for his actual expenditures for accommodation.

(3) The maximum amount payable to a member under subsection (2) in each fiscal year is $4,400.

(4) A member who is absent from his normal place of residence under subsection (2) shall be paid an allowance in respect of travelling expenses incurred at the rate in force at the time for the public service.

(5) An allowance may be paid to a member pursuant to subsection (4) in respect of not more than 24 return trips in each fiscal year.

(6) A reimbursement or allowance is payable to a member under this

section only in respect of his time necessarily spent in attendance under subsection (

I) or (2) and his time necessarily spent in travel.

(7) For the purposes of this section, every member of the Legislative Assembly or of the Advisory Committee on Finance shall be deemed to reside in the City of Whitehorse. 12

CHAPTER 102 LEGISLATIVE ASSEMBLY ACT White horse residence costs 46.

(1) Notwithstanding subsections 45(1), 45(2) and 45(6), a member who qualifies for reimbursement of actual expenditures for accommodation under

section 45 may be reimbursed for renting or leasing accommodation in the City of Whitehorse and shall be reimbursed under this

section by delivering a notice in the prescribed form to the clerk of the Legislative Assembly.

(2) Where a member is reimbursed under this section, he is entitled to receive the amount certified to have been paid by him to a maximum of $400 per month.

(3) Where a member is reimbursed under this section, the maximum amount payable to him in each fiscal year for meals and incidental expenses under subsection 45(3) is $2,200. Visits to electoral districts 47.(

I) A member representing the electoral district of (

a) Campbell, (

b) Faro, (

c) Hootalinqua, (

d) Klondike, (

e) Kluane, (

f) Mayo, (

g) Old Crow, (

h) Tatchun, or (

i) Watson Lake who has been appointed to the Executive Council or to the Advisory Committee on Finance, or to both, when visiting his electoral district in his capacity as a member, shall be paid an allowance for meals and incidental expenses at the rate in force at the time for the public service, and shall be reimbursed for his actual expenditures for accommodation.

(2) The maximum amount payable to a member under subsection (

I) in each fiscal year is $2,200.

(3) A member who visits his electoral district under subsection (

I) shall be paid an allowance in respect of his travelling expenses at the rate in force at the time for the public service.

(4) An allowance may be paid to a member pursuant to subsection (3) in respect of not more than 12 return trips in each fiscal year. Dissolution of Legislative Assembly 48.(

I) No reimbursement or allowance is payable to a member of the Legislative Assem bly under

section 45, 46 or 47 in respect of expenditures made or expenses incurred between the dissolution of a Legislative Assembly and the day of the official addition of the votes pursuant to the Elections Act at the next ensuing general election. 13

LEGISLATIVE ASSEMBLY ACT

CHAPTER 102

(2) Notwithstanding subsection (I), a member is entitled to be paid a reimbursement or an allowance under

section 45, 46 or 47 where the expenditures were made and the expenses incurred in respect of an absence or visit begun before the dissolution of Legislative Assembly, but in no event shall any reimbursement or allowance be paid in respect of the prolongation of an absence or visit after the member becomes aware of the dissolution. Speaker and Deputy Speaker 49.

In respect of travel in the performance of their duties, the Speaker and Deputy Speaker shall be paid an allowance for meals, incidental expenses and travel at the rate in force at the time for the public service, and shall be reimbursed for their actual expenditures for accommodation. Workers Compensation Act 50.

Every member of the Legislative Assembly shall be deemed to be a worker within the meaning of the Workers Compensation Act while carrying out his duties as a member, travell· ing in connection with the business of, or representing the Legislative Assembly or a committee thereof, the caucus of a party, the Executive Council or the Advisory Committee on Finance, and any compensation to which the member becomes entitled shall be paid by the Workers' Compensation Board. Forms 51. The Commissioner in Exel:utive Council may prescribe forms for the purposes of this Act. Annual report 52.

The Commissioner in Executive Council shall, within six months after the end of each fiscal year, prepare a report summarizing the activities and affairs of each department of the Government of the Yukon in that year and he shall transmit the report to the Government Leader who shall immediately table the report in the Legislative Assembly if it is sitting, and otherwise he shall table the report in the Legislative Assembly within 15 days after the commencement of the next sitting. 14

CHAPTER 103 LEGISLATIVE ASSEMBLY RETIREMENT ALLOWANCES ACT

Interpretation 1.(

I) In this Act, "member" means a member of the Legislative Assembly.

(2) For the purposes of this Act, (

a) a person does not cease to be a member by reason only of a dissolution of the Legislative Assembly, and (

b) a person who, immediately before a dissolution of the Legislative Assembly, was a member shall cease to be a member, effective the day on which the general election was held, if Retirement allowance (

i) he is not elected as a member at the general election next follow ing the dissolution, or (ii) having been elected as a member he does not take office as a member in the next Legislative Assembly. 2. A retirement allowance shall be paid in accordance with this Act to a person who, being a member, ceases to be a member. Amount of allowance 3. Subject to

section 5, where a person, at the time he ceases to be a member, has served at least six years as a member of the Legislative Assembly there shall be paid to him, when he attains the age of 55 years and during his lifetime, an annual retirement allowance in an amount equal to the number of years of service for which he has served multiplied by two and one-half percent of the total of the current indemnity and expense allowance payable to a member representing an electoral district of the same type as the former member was representing when he ceased to be a member. Amount on death of member 4.(

I) Upon the death of a member who has served less than six years as a member of the Legislative Assembly there shall be paid to his estate, or to his beneficiary designated by him for the purpose in a testamentary instrument, a lump sum calculated by multiplying the total of the current indemni ty and expense allowance of the member by 15 percent.

(2) Upon the death of a member who has served at least six years as a member of the Legislative Assembly there shall be paid to his estate, or to his beneficiary designated by him for the purpose in a testamentary instrument, a lump sum calculated by multiplying the total of the current indemnity and expense allowance of the member by 15 percent and by the number of years of service of the member in the Legislative Assembly.

LEGISLATIVE ASSEMBLY RETIREMENT ALLOWANCES ACT

CHAPTER /03

(3) Upon the death of a fonner member who has served at least six years as a member and who would, upon attaining the age of 55 years, be entitled to a retirement allowance under this Act, there shall be paid to his estate, or to his beneficiary designated by him for the purpose in a testamentary instrument, a lump sum calculated by multiplying the total of the current indem nity and expense allowance payable to a member representing an electoral district of the same type as the fonner member was representing when he ceased to be a member by 15 percent and by the number of years of service as a member.

Discontinuance of allowance 5. A retirement allowance that is otherwise payable to a person under this Act shall be discontinued while that person is a member of the Legislative Assembly. Payment out of y.C.R.F. 6. Amounts payable under this Act shall be a charge upon and be paid out of the Yukon Consolidated Revenue Fund. Regulations 7. The Commissioner in Executive Council may make regulations (

a) providing for the payment of the annual retirement allowance through instal ments payable at intervals of less than one year; (

b) for any other purpose necessary to give effect to this Act. 2

CHAPTER 104 LIMITATION OF ACTIONS ACT

Interpretation l.

In this Act, "action" means any civil proceeding; "assurance" means any transfer, deed or instrument, other than a will, by which land may be conveyed or transferred; "disability" means disability arising from infancy or a mental disorder; "heirs" includes the persons entitled beneficially to the real estate of a deceased intestate; "land" includes all corporeal hereditaments, and any share or any freehold or leasehold estate or any interest in any of them; "mortgage" includes charge, "mortgagor" includes chargor, and "mortgagee" includes char gee; "proceedings" includes action, entry, taking of possession, distress and sale proceedings under an order of a court or under a power of sale contained in a mortgage or conferred by Act; "rent" means a rent service or rent reserved upon a demise; "rent charge" includes all annuities and periodical sums of money charged upon or payable out of land.

PART! LIMIT ATION PERIODS Periods of limitations 2.(

I) The following actions shall be commenced within and not after the times respec tively hereinafter mentioned: (

a) actions for penalties imposed by any Act brought by an informer suing for himself alone or for Her Majesty as well as for himself, or by any person authorized to sue for the same, not being the person aggrieved, within one year after the cause of action arose; (

b) actions for penalties, damages or sums of money in the nature of penalties given by any Act to Her Majesty or the person aggrieved, or partly to one and partly to the other, within two years after the cause of action arose; (

c) actions for defamation, whether libel or slander, within two years of the publication of the libel or the speaking of the slanderous words, or where special damage is the gist of the action, within two years after the occurrence of such damage; (

d) actions for trespass to the person, assault, battery, wounding or other injury to the person, whether arising from an unlawful act or from negligence, or for false imprisonment, or for malicious prosecution or for seduction within two years after the cause of action arose;

LIMITATION OF ACTIONS ACT

CHAPTER 104 (

e) actions for trespass or injury to real property or chattels, whether direct or indirect, and whether arising from an unlawful act or from negligence, or for the taking away, conversion or detention of chattels, within six years after the cause of action arose; (

f) actions for the recovery of money, except in respect of a debt charged upon land, whether recoverable as a debt or damages or otherwise, and whether on a recognizance, bond, covenant or other specialty or on a simple contract, express or implied, and actions for an account or for not accounting, within six years after the cause of action arose; (

g) actions grounded on fraudulent misrepresentation, within six years from the discovery of the fraud; (

h) actions grounded on accident, mistake or other equitable ground or relief not hereinbefore specially dealt with, within six years from the discovery of the cause of action; (

i) actions on a judgment or order for the payment of money, within ten years after the cause of action thereon arose;

U) any other action not in this Act or any other Act specially provided for, within six years after the cause of action arose.

(2) Nothing in this

section extends to any action where the time for bringing the action is by

an Act specially limited. Concealed fraud 3. When the existence of a cause of action has been concealed by the fraud of the person setting up this Part or

Part 2 as a defence, the cause of action shall be deemed to have arisen when the fraud was first known or discovered. Item in account 4. No claim in respect of an item in an account which arose more than six years before the commencement of the action is enforceable by action by reason only of some other claim in respect of another item in the same account having arisen within six years next before the commencement of the action. Person under disability 5. Where a person entitled to bring any action mentioned in paragraphs 2(1 )(

c) to (

i) is under disability at the time the course of action arises, he may bring the action within the time limited by this Act with respect to such action or at any time within two years after he first ceased to be under disability. Acknowledgments and part payment 6.(

I) Whenever any person who is, or would have been but for the effluxion of time, liable to an action for the recovery of money as a debt, or his agent in that behalf (

a) conditionally or unconditionally promises his credit or the agent of the credi tor in writing signed by the debtor or his agent to pay the debt, (

b) gives a written acknowledgment of the debt signed by the debtor or his agent to his creditor or the agent of the creditor, or (

c) makes a part payment on account of the principal debt or interest thereon, to his creditor or the agent of the creditor, 2

CHAPTER 104 LIMITATION OF ACTIONS ACT an action to recover any such debt may be brought within six years from the date of the promise, acknowledgment or part payment, as the case may be, notwithstanding that the action would otherwise be barred under this Act.

(2) A written acknowledgment of a debt or a part payment on account of the principal debt or interest thereon has full effect whether or not a promise to pay can be implied therefrom and whether or not it is accompanied by a refusal to pay. Joint contractors and covenantors 7.

Where there are two or more joint debtors, joint contractors, joint obligors or joint covenantors, or executors or administrators of any debtor, contractor, obligor or covenantor, no such joint debtor, joint contractor, joint obligor or joint covenantor, or executor or administra tor shall lose the benefit of this Act so as to be chargeable in respect or by reason only of any written acknowledgment or promise made and signed, or by reason of any payment of any principal or interest made, by any other or others of them. Recovery against those acknowledging 8.

In actions commenced against two or more such joint debtors, joint contractors, joint obligators or joint covenantors, or executors or administrators, if it appears at the trial or otherwise that the plaintiff, though barred by this Act, as to one or more of such joint debtors, joint contractors, joint obligors or joint covenantors, or executors or administrators, is never theless entitled to recover against any other or others of the defendants by virtue of a new acknowledgment, promise or payment, judgment shall be given for the plaintiff as to the defendant or defendants against whom he is entitled to recover, and for the other defendant or defendants against the plaintiff.

Endorsements of payments insufficient 9. No endorsement or memorandum of any payment written or made upon any promis sory note, bill of exchange or other writing, by or on behalf ofthe person to whom the payment has been made, shall be deemed sufficient proof of the payment, so as to take the case out of the operation of this Act. Part applies to counter-claims 10. This Part applies to any claim of the nature mentioned in this Part alleged by way of counterclaim or set-off on the part of any defendant.

PART 2 CHARGES ON LAND, LEGACIES, ETC. Recovery of money charged on land 11.

(1) No proceedings shall be taken to recover any rent charge or any sum of money secured by any mortgage or otherwise charged upon or payable out of any land or rent charge or to recover any legacy, whether it is or is not charged upon land, or to recover the personal estate or any share of the personal estate of any person dying intestate and possessed by his personal representative, but within ten years next after a present right to recover the same accrued to some person capable of giving a discharge therefor, or a release thereof, unless prior to the expiry of such ten years some part of the rent charge, sum of money, legacy or estate or 3

LIMITATION OF ACTIONS ACT

CHAPTER /04 share or some interest thereon has been paid by a person bound or entitled to make a payment thereof or his agent in that behalf to a person entitled to receive the same or his agent, or some acknowledgment in writing of the right to such rent charge, sum of money, legacy, estate or share signed by any person so bound or entitled or his agent in that behalf has been given to a person entitled to receive the same or his agent, and in such case no action shall be brought but within ten years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one was made or given.

(2) In the case of a reversionary interest in land, no right to recover the sum of money charged thereon shall be deemed to accrue until the interest has fallen into possession. Recovery of money payable on agreement of sale 12.

No proceedings shall be taken to recover any sum of money payable under an agreement for the sale of land but within ten years after a present right to recover the same accrued to some person entitled to receive the same, or capable of giving a release thereof, unless prior to the expiry of such ten years some part of the sum of money, or some interest thereon, has been paid by a person bound or entitled to make a payment thereof, or his agent in that behalf, to a person entitled to receive the same or his agent, or some acknowledgment in writing of the right to receive such sum of money signed by the person so bound or entitled, or his agent in that behalf, has been given to a person entitled to receive the same or his agent, and in case no action shall be brought but within ten years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one was made or given.

Recovery of rent and interest charged on land 13.(

I) No arrears of rent, or of interest in respect of any sum of money to which

section I1 or 12 applies or any damages in respect of such arrears shall be recovered by any proceed ings, but within six years, next after a present right to recover the same accrued to some person capable of giving a discharge therefor or a release thereof unless, prior to the expiry of such six years, some part of the arrears has been paid by a person bound or entitled to make a payment thereof or his agent in that behalf to a person entitled to receive the same or his agent or some acknowledgment in writing of the right to the arrears signed by a person so bound or entitled or his agent in that behalf has been given to a person entitled to receive the arrears or his agent, and in such case no proceeding shall be taken but within six years after such payment or acknowledgment, or the last of such payments or acknowledgments, if more than one was made or given.

(2) Subsection (

I) does not apply to an action for redemption or similar proceedings brought by a mortgagor or by any person claiming under him. Recovery by prior mortgagee in possession 14. Where any prior mortgagee has been in possession of any land within one year next before an action is brought by any person entitled to a subsequent mortgage on the same land, the person entitled to the subsequent mortgage may recover in such action the arrears of interest which have become due during the whole time the prior mortgagee was in such possession or receipt, although that time may have exceeded such term of six years. 4

CHAPTER J04 LlMJTATlON OF ACTlONS ACT Recovery of sums secured by express trust 15.(

I) No action shall be brought to recover any sum of money or legacy charged upon or payable out of any land or rent charged, though secured by an express trust, or to recover any arrears of rent or of interest in respect of any sum of money or legacy so charged or payable or so secured, or any damages in respect of such arrears, except within the time which the same would be recoverable if there were not any such trust.

(2) Subsection (

I) does not operate so as to affect any claim of a cestui que trust against his trustee for property held on an express trust. Part subject to Land Titles Act

PART 3 LAND 16. This

Part is subject to the provisions of the Land Titles Act (Canada). Recovery of land 17. No person shall take proceedings to recover any land but within ten years next after the time at which the right to do so first accrued to some person through whom he claims, hereinafter called "predecessor" or if such right did not accrue to a predecessor then within ten years next after the time at which such right first accrued to the person taking the proceedings, hereinafter called "claimant". Right accrues on dispossession 18.

Where the claimant or a predecessor has in respect of the estate or interest claimed been in possession of the land or in receipt of the profits thereof and has while entitled thereto been dispossessed or has been dispossessed or has discontinued such possession or receipt, the right to take proceedings to recover the land shall be deemed to have first accrued at the time of such dispossession or discontinue of possession or at the last time at which any such profits were so recei ved. Right accrues on death of predecessors 19.

Where the claimant claims the estate or interest of a deceased predecessor who was in possession of the land or in receipt of the profit thereof in respect of the same estate or interest at the time of his death and was the last person entitled to such estate or interest who was in possession or receipt, the right to take proceedings to recover the land shall be deemed to have first accrued at the time of the death of the predecessor. Right accrues according to assurance 20.

Where the claimant claims in respect of an estate or interest in possession, granted, appointed, or otherwise assured to him or a predecessor by a person being in respect of the same estate or interest in the possession of the land or in receipt of the profits thereof and no person entitled under the assurance has been in possession or receipt, the right to take proceed ings to recover the land shall be deemed to have first accrued at the time at which the claimant or his predecessor became entitled to such possession or receipt by virtue of the assurance. 5

LIMITATION OF ACTIONS ACT

CHAPTER 104 Right accrues on forfeiture 21. Where the claimant or the predecessor becomes entitled by reason of forfeiture or breach of condition, then the right to take proceedings to recover the land shall be deemed to have first accrued whenever the forfeiture was incurred or the condition was broken. When right accrues as to future estate 22.

Where the estate or interest claimed has been an estate or interest in reversion or remainder or other future estate or interest, including therein an executory devise, and no person has obtained the possession of the land or is in receipt of the profits thereof in respect of the estate or interest, the right to take proceedings to recover the land shall be deemed to have first accrued at the time at which the estate or interest became an estate or interest in posses sion, by the determination of any estate or estates in respect of which the land has been held or the profits thereof have been received notwithstanding the claimant or the predecessor has at any time previously to the creation of the estate or estates that has determined been in the possession of the land or in receipt of the profits thereof.

Further as to future estate 23.

Where the person last entitled to any particular estate on which any future estate or interest was expectant was not in possession of the land or in receipt of the profits thereof at the time when his interest determined, no proceedings to recover the land shall be taken by any person becoming entitled in possession to a future estate or interest but within ten years next after the time when the right to take proceedings first accrued to the person whose interest has so determined, or within five years next after the time when the estate of the person becoming entitled in possession has become vested in possession. whichever of these two periods is the longer.

Proceedings for subsequent interest also barred 24. Where the right to take proceedings to recover the land has been barred no proceed ings shall be taken by any person afterwards claiming to be entitled to the same land in respect of any subsequent estate or interest under any will or assurance executed or taking effect after the time when a right to take proceedings first accrued to the owner of the particular estate whose interest has so determined. Estate in possession barred, future estate also barred 25.

When the right of any person to take proceedings to recover any land to which he may have been entitled for an estate or interest in possession entitling him to take proceedings has been barred by the determination of the period which is applicable, and such person has at any time during the said period been entitled to any other estate, interest, right or possibility in reversion, remainder or otherwise in or to the same land no proceedings shall be taken by him or any person claiming through him to recover the land in respect of such other estate, interest, right or possibility, unless in the meantime the land has been recovered by some person entitled to an estate, interest or right which has been limited or taken effect after or in defeasance of the estate or interest in possession.

Where right of forfeiture not claimed 26. When the right to take proceedings to recover any land first accrued to a claimant or a predecessor by reason of any forfeiture or breach uf condition, in respect of an estate or interest in reversion or remainder and the land has not been recovered by virtue of such right, the right 6

CHAPTER 104 LIMITATION OF ACTIONS ACT to take proceedings shall be deemed to have first accrued at the time when the estate or interest became an estate or interest in possession. Rent wrongfully received 27.

Where a person is in possession of land, or in receipt of the profits thereof by virtue of a lease in writing, by which a rent amounting to the yearly sum or value of $4 or upwards is reserved, and the rent reserved by the lease has been received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease, and no payment in respect of the rent reserved by the lease has afterwards been made to the person rightfully entitled thereto, the right of the claimant or his predecessor to take proceedings to recover the land after the determination of the lease shall be deemed to have first accrued at the time at which the rent reserved by the lease was first so received by the person wrongfully claiming as aforesaid and no such right shall be deemed to have first accrued upon the determination of the lease to the person rightfully entitled.

Right accrues at end of first year 28.

Where a person is in possession of land or in receipt of the profits thereof as a tenant from year to year, or other period, without a lease in writing, the right of the claimant or his predecessor to take proceedings to recover the land shall be deemed to have first accrued at the determination of the first of such years or other periods, or at the last time, prior to his right to take proceedings being barred under any other provisions of this Act, when any rent payable in respect of such tenancy was received by the claimant or his predecessor or the agent of either whichever last happens. Tenancy at will 29.(

I) Where any person is in possession of any land or in receipt of the profits thereof as tenant at will, the right of the claimant or his predecessor to take proceedings to recover the land shall be deemed to have first accrued either at the determination of the tenancy or at the expiration of one year next after its commencement, at which time, if the tenant was then in possession, the tenancy shall be deemed to have been determined.

(2) No mortgagor or cestui que trust under an express trust shall be deemed to be a tenant at will to his mortgagee or trustee within the meaning of this section. Time not to run while rraud concealed 30.(

I) In every case of concealed fraud by the person setting up this Part as a defence, or by some other person through whom such first mentioned person claims, the right of any person to bring an action for the recovery of land of which he or any person through whom he claims may have been deprived by such fraud shall be deemed to have first accrued at and not before the time at which such fraud was or with reasonable diligence might have been first known or discovered.

(2) Nothing in subsection (

I) enables an owner of land to bring an action for the recovery of such land, or for setting aside a conveyance thereof, on account of fraud against a purchaser in good faith for valuable consideration, who has not assisted in the commission of such fraud, and who, at the time that he made the purchase, did not know, and had no reason to believe, that any such fraud had been committed. 7

LIMITATION OF ACTIONS ACT

CHAPTER 104 Acknowledgment equivalent to possession 31.

When an acknowledgment in writing of the title of a person entitled to any land signed by the person in possession of the land or in receipt of the profits thereof or his agent in that behalf has been given to him or his agent prior to his right to take proceedings to recover the land having been barred under the provisions of this Act, then the possession or receipt of or by the person by whom the acknowledgment was given shall be deemed, according to the meaning of this Act, to have been the possession or receipt of or by the person to whom or to whose agent such acknowledgment was given at the time of giving the same, and the right if the last mentioned person, or of any person claiming through him, to take proceedings shall be deemed to have first accrued at and not before the time at which the acknowledgment, or at the last of the acknowledgments, if more than one, was given.

PART 4 MORTGAGES OF REAL AND PERSONAL PROPERTY REDEMPTIONS Where mortgagee in possession barred 32.(

I) When a mortgagee or a person claiming through a mortgagee has obtained the possession of any property real or personal comprised in a mortgage or is in receipt of the profits of any land therein comprised the mortgagor or any person claiming through him shall not bring any action to redeem the mortgage but within ten years next after the time at which the mortgagee or a person claiming through the mortgagee obtained such possession or first received any such profits unless prior to the expiry of such ten years an acknowledgment in writing of the title of the mortgagor or of his right to redeem is given to the mortgagor or some person claiming his estate or interest or to the agent of such mortgagor or person signed by the mortgagee or the person claiming through him or the agent in that behalf of either of them; in that case, the action shall not be brought but within ten years next after the time at which the acknowledgment or the last of the acknowledgments, if more than one, was given.

(2) Where there is more than one mortgagor or more than one person claiming through the mortgagor or mortgagors the acknowledgment, if given to any of the mortgagors or persons or his or their agent, shall be as effectual as if the same had been given to all the mortgagors or persons.

(3) Where there is more than one mortgagee or more than one person claiming the estate or interest of the mortgagee or mortgagees, an acknowledgment signed by one or more of such mortgagees or person or his or their agent in that behalf shall be effectual only as against the party or parties signing as aforesaid, and the person or persons claiming any part of the mortgage money or property by, through or under him or them, and any person or persons entitled to any estate or estates, interest or interests, to take effect after or in defeasance of his or their estate or estates, interest or interests and shall not operate to give to the mortgagor or mortgagors a right to redeem the mortgage as against the person or persons entitled to any undivided or divided pan of the money or property. 8

CHAPTER 104 LIMITATION OF ACTIONS ACT

(4) Where such of the mortgagees or persons mentioned in this

section as have given such acknowledgment are entitled to a divided part of the property comprised in the mortgage or some estate or interest therein, and not to any ascertained part of the mortgage money, the mortgagor or mortgagors are entitled to redeem the same divided part of the property on payment with interest of the part of the mortgage money which bears the same proportion to the whole of the mortgage money as the value of the divided part of the property bears to the value of the whole of the property comprised in the mortgage. FORECLOSURE OR SALE Foreclosure or sale 33.

No mortgagee or person claiming through a mortgagee shall take proceedings for foreclosure or sale under a mortgage of real or personal property or to recover the property mortgaged but within ten years next after the right to take the proceedings first accrued to the mortgagee, or if the right did not accrue to the mortgagee, then within ten years after the right first accrued to a person claiming through the mortgagee. Payment or acknowledgment by person bound or entitled 34.

When any person bound or entitled to make payment of the principal money or interest secured by a mortgage of property real or personal or his agent in that behalf, at any time prior to the expiry of ten years from the accrual of the right to take proceedings for foreclosure or sale or to take proceedings to recover the property, pays any part of such money or interest to a person entitled to receive the same, or his agent, the right to take proceedings shall be deemed to have first accrued at and not before the time at which the payment of the last of the payments, if more than one, was made, or if any acknowledgment of the nature described in

section 31 was given at any time prior to the expiry of ten years from the accrual of the right to take proceedings, then at the time at which the acknowledgment or the last of the acknowledgments, if more than one, was given. Personal Property Security Act 35. This

Part is subject to the Personal Property Security Act. PARTS AGREEMENTS FOR THE SALE OF LAND Purchaser of land 36.

(1) No purchaser of land, or any person claiming through him, shall bring any action in respect of the agreement for the sale thereof but within ten years after the right to bring the action first accrued to the purchaser, or if the right did not accrue to the purchaser, then within ten years after the right first accrued to a person claiming through the purchaser.

(2) When any person bound or entitled to make payment of the purchase money, or his agent in that behalf, at any time prior to the expiry of ten years from the accrual of the right to bring the action pays any part of the money payable under the agreement of sale to a person entitled to receive the same or his agent, or if any acknowledgment in writing of the right of the purchaser or person claiming through him to the land, or to make such payments, was given prior to the expiry of such ten years to the purchaser or person claiming through him, or to the 9

LIMITATION OF ACTIONS ACT

CHAPTER 104 agent of such purchaser or person, signed by the vendor or the person claiming through him or the agent in that behalf of either of them, then the right to take proceedings shall be deemed to have first accrued at the time at which the payment or the last of the payments, if more than one, was made, or the time at which the acknowledgment or the last of the acknowledgments, if more than one, was given. Vendor of land 37.

No vendor of land or person claiming through him shall take proceedings for cancel lation, determination or rescission of the agreement for the sale of the land, or for foreclosure or sale thereunder or to recover the land, but within ten years after the right to take the proceedings first accrued to the vendor, or if the right did not accrue to the vendor, then within ten years after the right first accrued to a person claiming through the vendor. Vendor's rights accrue 38.

When any person bound or entitled to make payment of the purchase money or his agent in that behalf, at any time prior to the expiry of ten years from the accrual of the right to take proceedings mentioned in

section 37, pays any part of the money payable under the agreement of sale to a person entitled to receive the same, or his agent, or if, at any time prior to the expiry of such ten years, any acknowledgment in writing of the right of the vendor or person claiming through him to the land or to receive the payment, was given to the vendor or person claiming through him, or to the agent of such vendor or person, signed by the purchaser or the person claiming through him or the agent in that behalf of either of them, then the right to take proceedings shall be deemed to have first accrued at, and not before, the time at which the payment or last of the payments, if more than one, was made, or the time at which the acknowledgment, or last of the acknowledgments, if more than one was given.

Definitions

PART 6 CONDITIONAL SALES OF GOODS 39. In this Part, "buyer" means the person who buys or hires goods by a conditional sale; "conditional sale" means (

a) any contract for the sale of goods under which possession is or is to be delivered to the buyer and the property in the goods is to vest in him at a subsequent time upon payment of the whole or part of the price or the performance of any other condition, or (

b) any contract for the hiring of goods by which it is agreed that the hirer shall become, or have the option of becoming, the owner of the goods upon full compliance with the terms of the contract; "goods" means all chattels personal other than things in action or money, and includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale; "seller" means the person who sells or lets to hire goods by a conditional sale. 10

CHAPTER 104 LIMITATION OF ACTIONS ACT Seller's rights 40. No seller shall take proceedings for the sale of or to recover any goods the subject of a conditional sale but within ten years after the right to take the proceedings first accrued to the seller or, if the right did not accrue to the seller, then within ten years after the right accrued to a person claiming through him. When rights accrue 41.

When any person bound or entitled to make payment of the price, or his agent in that behalf, at any time prior to the expiry of ten years from the accrual of the right to take the proceedings pays any part of the price or interest to a person entitled to receive the same, or his agent, or if at any time prior to the expiry of such ten years, any acknowledgment in writing of the right of the seller or person claiming through him to the goods or to receive the payment was given to the seller or person claiming through him, or the agent in that behalf of either of them, then the right to take proceedings shall be deemed to have first accrued at and not before the time at which the payment or last of the payments, if more than one, was made, or the time at which the acknowledgment or last of the acknowledgments, if more than one was given.

Personal Property Security Act 42. This

Part is subject to the Personal Property Security Act. Entry, claim and profits on land

PART 7 GENERAL 43.(

I) No person shall be deemed to have been in possession of land, within the meaning of this Act, merely by reason of having made an entry thereon.

(2) No continual or other claim upon or near any land shall preserve any right of making an entry or distress or bringing an action.

(3) The receipt of the rent payable by a tenant at will, tenant from year to year or other lessee, shall as against such lessee or any person claiming under him, subject to the lease, be deemed to be the receipt of the profits of the land for the purposes of this Act. Expiry of right of action terminates title 44. At the detennination of the period limited by this Act, to any person for taking proceedings to recover any land, rent charge or money charged on land, the right and title of such person to the land, or rent charge or the recovery of the money out of the land shall be extinguished.

Administrator deemed claimant from death of deceased 45. For the purpose of Parts 2, 3 and 4, an administrator claiming the estate or interest of the deceased person of whose property he has been appointed administrator, shal\ be deemed to claim as if there had been no interval of time between the death of such deceased person and the grant of the letters of administration. II

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CHAPTER /04 Persons under disability 46.(

I) When at the time at which the right to take any proceedings referred to in

Part 2, 3 or 4 first accrued to any person who was under disability, such person or a person claiming through him may, notwithstanding anything in this Act, take proceedings at any time within six years after the person to whom the right first accrued first ceased to be under disability or died, whichever event first happened, except that if he died without ceasing to be under disability, no further time to take proceedings shall be allowed by reason of the disability of any other person.

(2) Notwithstanding anything in this section, no proceedings shall be taken by a person under disability at the time the right to do so first accrued to him or by any person claiming through him, but within 30 years next after that time. Return to the Yukon 47. In respect of a cause of action as to which the time for taking proceedings is limited by this Act other than those mentioned in paragraphs 2(1)(

a) and (b), if a person is out of the Yukon at the time a cause of action against him arises within the Yukon, the person entitled to the action may bring the same within two years after the return of the first mentioned person to the Yukon or within the time otherwise limited by this Act for bringing the action. Joint debtors 48.(

I) Where a person has a cause of action against joint debtors, joint contractors, joint obligors or joint covenantors, he shall not be entitled to any time within which to commence such action against such of them as were within the Yukon at the time the cause of action accrued by reason only that one or more of them was at such time out of the Yukon.

(2) A person having such cause of action is not barred from commencing an action against a joint debtor, joint contractor, joint obligor or joint covenantor who was out of the Yukon at the time the cause of action accrued, after his return to the Yukon by reason only that judgment has been already recovered against such of the joint debtors, joint contractors, joint obligors or joint covenantors as were at such time within the Yukon. No right to use of light by prescription 49.

No right to the access and use of light or any other easement, right in gross or profit a prendre shall be acquired by any person by prescription and no such right shall be deemed to have been so acquired prior to November 20, 1954. Refusal of relief because of acquiescence 50. Nothing in this Act shall be construed to interfere with any rule of equity in refusing relief on the ground of acquiescence, or otherwise, to any person whose right to bring an action is not barred by virtue of this Act. 12

CHAPTER 105 LIQUOR ACT

Interpretation 1.

(1) In this Act, "analyst" means an analyst designated for the purposes of the Food and Drugs Act (Canada) or an analyst employed by the Government of Canada or a government of a province and having authority to make analysis for public purposes; "bedroom" means a furnished and serviced bedroom regularly available for the accommoda tion of the travelling public; "beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt, hops, or any similar product in drinkable water; "board" means the board of directors of the Yukon Liquor Corporation established pursuant to

section 2; "corporation" means the Yukon Liquor Corporation established pursuant to

section 2; "general manager" means the general manager of the Yukon Liquor Corporation appointed pursuant to

section 8; "inspector" means a person appointed as an inspector pursuant to this Act and includes a member of the Royal Canadian Mounted Police engaged in the enforcement of this Act; "intoxicated" and "intoxicated condition" each mean the condition a person is in when his or her capabilities are so impaired by liquor that he or she is likely to cause injury to himself or herself or be a danger, nuisance or disturbance to others; "licence" means a licence issued under this Act and includes a permit issued under this Act; "licensed premises" means premises in respect of which a licence has been granted and includes any building or other place appertaining to such premises; "licensee" means a person named as a licensee in a licence and includes a person named as a permittee in a permit; "liquor" means (

a) alcohol and alcoholic, spirituous, fermented malt or other intoxicating liquor, or a combination or mixture thereof, (

b) a mixed drink part of which is fermented, spirituous, vinous or otherwise intoxicating, and (

c) any other intoxicating drink, drinkable liquid, preparation or mixture that is fit for human consumption; "minor" means a minor as described in the Age of Majority Act; "package" means any container, bottle, vessel or other receptacle used for holding liquor; "permit" means a permit to sell or serve liquor pursuant to this Act; "public place" means any place to which the public have access as a right or by invitation, expressed or implied, and includes a vehicle in a public place; "residence" means (

a) a building or part of a building that is actually and bona fide occupied and used by the owner, lessee or tenant solely as a private dwelling, together with the lands and buildings appurtenant thereto that in fact are normally and reasonably used as part of the living accommodation,

LIQUOR ACT

CHAPTER 105 (

b) a private guest room in a hotel or motel that is actually and bona fide occupied as such by a guest of the hotel or motel, (

c) a camper unit, trailer or tent that is actually and bona fide occupied by the owner, lessee or tenant as a private dwelling together with the lands immedi ately appurtenant thereto that in fact are reasonably used as part of the living accommodation, or (

d) a vessel that is actually and bona fide used by the owner, lessee or tenant as a private dwelling; "sale" in relation to liquor includes exchange, barter or traffic and the selling, supplying or distribution by any means of liquor (

a) by any partnership or by any club whether incorporated or unincorporated, or (

b) to any member of such partnership or club; "spirits" means any beverage that contains alcohol obtained by distillation, mixed with drink able water and other substances in solutions, and includes brandy, rum, whiskey, gin, vodka and liqueurs; "sports stadium" means an establishment with stepped rows of seats designed and used for presentation of a sporting or athletic event or spectacle, and includes an amphitheatre or arena; "vehicle" means any means of transportation by land, water or air and includes any motor car, automobile, truck, tractor, aircraft. vessel, boat, launch, canoe or any other thing used in any way for transportation; "wine" means any liquor obtained by the fermentation of the natural sugar contents of fruit, including grapes, apples, berries or any other agricultural product containing sugar including honey and milk.

(2) For the purposes of the first paragraph of the definition of liquor in subsection (I), any liquor that contains more than two and one-half percent by volume of absolute alcohol at 16 degrees Celsuis shall be deemed to be intoxicating. YUKON LIQUOR CORPORATION Yukon Liquor Corporation 2.

(1) There shall be a corporation entitled the "the Yukon Liquor Corporation" consist ing of those persons who from time to time comprise the board of directors.

(2) The members of the board of directors of the Yukon Liquor Corporation shall be not less than three in number and shall be appointed by the Commissioner in Executive Council to hold office at pleasure for a period not exceeding three years from the date of their appoint ment.

(3) A retiring board member is eligible for reappointment.

(4) In the event of the absence or incapacity of a member of the board, the Commissioner in Executive Council may appoint a person to take the place of that member for such period of time as he deems fit. 2

CHAPTER 105 LIQUOR ACT

(5) Where a casual vacancy occurs in the board, the Commissioner in Executive Council may appoint a person to fill the vacancy for the unexpired ponion of the retiring member's term of office.

(6) No vacancy on the board impairs the right of the remaining member or members to act until the vacancy is filled.

(7) Where a licencee appeals a suspension of his licence pursuant to subsection 16(3) and a quorum of the board is not available to hear the appeal summarily, a member of the board may, with the consent of the appellant and the general manager, hear the appeal and in such case the member hearing the appeal has all the jurisdiction in respect of the matter as a quorum of the board.

(8) The board shall choose a member from among their number to be chairperson.

(9) Except as provided by subsection (7), a majority of the board shall constitute a quorum.

(10) The board may make bylaws regulating its proceedings and generally for the conduct and management of the affairs of the corporation. Remuneration 3. The Commissioner in Executive Council shall fix (

a) the remuneration to be paid to the members of the board, and (

b) the travelling and living expenses to be paid to the members of the board in connection with the performance of their duties when absent from their ordi nary place of residence. No action against board members 4. No action or proceedings shall be taken against any member or members of the board or in the name or names of the members of the board for anything done or omitted to be done in or arising out of the performance of his or their duties under this Act. Conflict of interest 5.(

I) No member shall be directly or indirectly interested or engaged in any business or undenaking dealing in liquor in the Yukon (

a) as owner, pan owner, panner, member of a syndicate, shareholder, agent or employee, or (

b) for his own benefit or in any capacity for some other person.

(2) No member of the board and no person appointed pursuant to

section 8 shall solicit or receive directly or indirectly any commission, remuneration or gift of any kind from a person or corporation having sold, selling or offering liquor for sale to the cO'l'oration pursuant to this Act, or from any applicant for a licence. Administration 6. The corporation shall administer and enforce this Act. 3

LIQUOR ACT

CHAPTER 105 Powers of the corporation 7. Subject to this Act and the regulations, the corporation has the sole power and jurisdiction to (a) (b) (c) (

d) establish and operate liquor stores and warehouses, fix the price at which liquor may be sold at liquor stores, buy, import, possess and sell liquor, control the sale, advertising, storage, distribution, transport and delivery of liquor, (

e) issue, refuse, cancel or suspend licences and permits, (

I) determine the classes, varieties and brands of liquor to be kept for sale at liquor stores, (

g) control the conduct, operation and equipment of any premises where liquor is sold pursuant to this Act, (

h) control the alcoholic content of liquor and the amount to be purchased at one time, (

i) control the types and markings of glasses used for serving liquor in licenced premises,

U) determine the liquor purchase records to be kept by licensees, (

k) inquire into any matter relating to or arising from the operation of this Act, (

I) control and regulate the business activities of agents, representatives and employees of liquor manufacturers and distributors, and (

m) do all such things as are deemed necessary or advisable for the purpose of carrying this Act into effect. Management and stalT of the corporation 8.(

I) There shall be a general manager of the corporation who shall be the chief executive officer and shall be charged with the general direction, supervision and control of the business of the corporation and shall under the general direction of the board administer this Act and supervise persons engaged in the administration of this Act and the regulations.

(2) The general manager has signing authority for all expenditures, orders, contracts, written notices, directions and recommendations on behalf of the board.

(3) The general manager may, subject to approval by the board, enter into arrangements with another liquor board, commission or similar body in a province to supply liquor to a liquor store in that province where it is not feasible for that province to do so.

(4) The provisions of the Public Service Commission Act shall apply to all persons other than the members of the board engaged in the administration of this Act. Revenue and expenditures 9.(

I) All money received from the sale of liquor and from licence fees, permits, or any other money derived from the administration of this Act and the regulations shall be deposited to the credit of a special account of the Yukon Consolidated Revenue Fund known as the Liquor Corporation Fund.

(2) The Liquor Corporation Fund shall be in such chartered bank as may be designated by the Commissioner in Executive Council. 4

CHAPTER 105 LIQUOR ACT

(3) From and out of the Liquor Corporation Fund there may be paid all expenses incurred in the administration of this Act including, without limiting the generality of the foregoing, (

a) the cost of all liquor purchased pursuant to the Act, (

b) the cost of transporting, storing and insuring such liquor, (

c) the rental of lands, buildings or equipment required for storing liquor, liquor stores, offices and the cost of maintaining such lands, buildings or equip ment, including insurance thereon, (

d) the costs of administering offices and liquor stores, including the rental of equipment, furniture and supplies, (

e) the remuneration of persons appointed under this Act for the administration of this Act and the payment of their necessary travelling and removal expenses, (

f) the employer's share of unemployment insurance, workers' compensation and other assessments in respect of the persons referred to in paragraph (e), (

g) the printing of licences, permits, listings, notices and other stationery required for the purposes of this Act, (

h) the payment of such expenses as is deemed necessary concerning any hearing held pursuant to this Act, and (

i) any other necessary expenses pursuant to this Act.

(4) All property, whether real or personal, all money acquired, administered, possessed or received by the corporation and all profits earned in the administration of this Act or regulations shall belong to the Government of the Yukon. Transfer of revenue to V.C.R.F. 10.

The corporation shall, at the beginning of each month of the fiscal year, transfer the estimated net revenue of its previous month's operation from the Liquor Corporation Fund to the Treasurer, but the total annual amount so transferred shall not exceed the net revenue of the fiscal year established by audit and the amount so established shall be adjusted to the amount to be transferred in the transfer covering the final month of each fiscal year. Audit 11.(

I) The accounts and financial transactions of the corporation are subject to the audit of the Auditor General of Canada, and for the purpose he is entitled (

a) to have access to all records, documents, books, accounts and vouchers of the corporation, and (

b) to require from officers of the corporation such information as he deems necessary.

(2) The

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Stats. 1986 v.2
Type	statute
Volume / chapter	1986 v2
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	b1fe7c404c4e9e5aa4f194198efa016a8c0b0fca

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