Yukon Ordinances, 1973 — Ordinance respecting Amend the Cooperative Associations Ordinance An Or; Prisons and Reformatories Act; Juvenile Delinquents Act; JuveniZe Delinquents Act; … (+1 more)

Yukon Ord. 1973

Yukon — Historical Statutes

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1973 FIRST, THIRD AND FOURTH SESSIONS J. SMITH COMMISSIONER PriDt" _d PDbliabed lor the COv8rDmeDl 01 the Yuk_ Territot'y ullder ADtbority of Cbl!.pter 93 of the COD80lidatfll OrdiDsDcea of 1958. BY H. J. TA YLOR, Queell'. Prillter

CHAPTER NO. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 N.C.N.R. 20 N.C.N.R. 21 N.C.N.R. 22 N.C.N.R. 23 N.C.N.R. 24 N.C.N.R. 25 N.C.N.R. 26 N.C.N.R. 27. N.C.N.R. 28 N.C.N.R. 29 rLC.N.R. 30 N.c.rLR. 31 N.C.N.R. 32 N.C.N.R. 33 N.C.N.R. 34 N.C.N.R.

ORDINANCES OF THE YUKON TERRITORY 1973 TITLE Building Standard Ordinance Corrections Ordinance Fraudulent Preferences and Conveyances Ordinance Fuel Oil Tax Ordinance Public Inquiries Ordinance Workmen's ~ompensation Ordinance Workmen's Compensation Supplementary Benefits Ordinance An Ordinance to Amend the Cooperative Associations Ordinance An Ordinance to Amend the Dental Pro fession Ordinance An Ordinance to Amend the Fire Prevention Ordinance An Ordinance 'to Amend the Game Ordinance An Ordinance to Amend the

Interpretation Ordinance An Ordinance to Amend the Labour Standards Ordinance An Ordinance to Amend the Mental Health Ordinance An Ordinance to Amend the Motor Vehicles Ordinance An Ordinance to Amend the Pharmaceutical Chemists Ordinance An Ordinance to Amend the Pounds Ordinance 2 10 15 21 23 63 64 66 67 68 69 70 72 74 77 78 An Ordinance to Amend the Vital 80 Statistics Ordinance Third Appropriation Ordiance 1972/73 83 Fourth Appropriation Ordinance 1972/73 85 First Appropriation Ordinance 1973/74 87 Second Appropriation Ordinance 1973/74 89 Third Appropriation Ordinance 1973/74 91 Fourth Appropriation Ordinance 1973/74 93 City of Dawson General Purposes Loan 95 Ordinance Civil Defense Workers' Compensation 97 Agreement Ordinance Faro General Purposes Loan Ordinartce 99 Financial Agreement Ordinance (1973) 101 Loan Agreement Ordinance (1973), No. 105 Loan Agreement Ordinance (1973), No. 2 106 (Employment Loans Program) Purchase and Supply Services Agreement 107 Ordinance Robert Campbell Bridge Agreement Ordinance 108 Territorial-Municipal Employment Loans 115 Ordinance Whitehorse General Purposes Loan Ordinance 117

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1973 (First Session) BUILDING STANDARDS ORDINANCE (Assented to March 6, 1973) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as foll ows: R.O.V.T.

Chapter B-3.1 1. This Ordinance may be cited as the BuiLding Standards Ordinance.

Short Title 2.

(1) In this Ordinance "building code" means . (

a) the NationaZ BuiZding Code of Canada 1970 as amended or replaced from time to time; and (

b) the Canada BuiZding Code for the North 1968 as amended or replaced from time to time.

Definitions "building code" "structure" means anything constructed or erected which requires "structure" location on the ground or is attached to something having a location on the ground. 3.

(1) This Ordinance does not apply to any building or structure within a municipality or local improvement district. 4.

(1) The Commissioner may from time to time make regulations (

a) applying the provisions or standards of any building code to any area not within a municipality or local improvement district; (

b) respecting the issuing of building permits and fixing fees for issuing building permits in any area not within a municipality or local improvement district; (

c) exempting any area of the Territory or any class of structure from the provisions of this Ordinance; (

d) generally, for the purpose of carrying out the provisions of this Ordinance. 5.

(1) This Ordinance shall come into force on a day to be fixed by the Commissioner. -1- Exemption CODDDissioner may make regulations Coming into force

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1973 (First Session) CORRECTIONS ORDINANCE (Assented to March 6, 1973) R.O.Y.T. The Commissfoner of the Yukon Territory. by and with the

Chapter C-19.l advice and consent of the Council of the said Territory, enacts as follows: Short 1. This Ordinance may be cited as the Corrections Ordinance. Title Defini-.2.

(1) In this Ordinance tions "child" "child" has the same meaning as under the Juvenile Del.inquenta "correctional institution" "court" "Director" "industrial school" "inmate" "juvenile court" "juvenile delinquent" "probation officer" "superintendent" Appointment of Direc- 3. (1) tor Appointment (2) of Assistants Duties of 4.

(1) Director Act; "correctional institution" means any place in the Territory declared to be a common gaol pursuant to this Ordinance.

"court" means any court of competent jurisdiction within the Territory; "Di rector" means the Di rector of Corrections appoi nted pursuant to this Ordinance; "industrial school" has the same meaning as under the Juvenil.e Del.inquents Act; "inmate" means a person who is sentenced to imprisonment. or otherwise lawfully detained at a correctional institution or industrial school; "juvenile court" has the same meaning as under the Juvenil.e Del.inquents Act; "juvenile del inquent" has the same meaning as under the Juvenil.e Del.inquents Act; "probation officer" means a probation officer holding office pursuant to this Ordinance; "superintendent" means a person in charge of any correctional institution.

PART I DIRECTOR OF CORRECTIONS The Commissioner may appoint a Director of Corrections \~ho shall hold office during pleasure. The Commissioner may appoint such persons to assist the Director in the performance of any of his duties under this Ordinance as he deems necessary. The Director shall (

a) ensure that the prOV1Slons of this Ordinance are carried out and that all returns provided for or required are made. (

b) encourage and assist in the establishment of such societies, committees and agencies as he deems advisable to further the purposes of this Ordinance. -2-

Co~eotions (

c) advise any society, committee or agency with respect to the performance of its duties. (

d) ensure that the officers in charge of correctional institutions and industrial schools and probation officers keep a record of (

i) all inmates, and (ii) all persons placed on probation, (

e) inspect or direct and supervise the visiting of any child or adult and the inspection of any place where a child or adult is placed or confined pursuant to this Ordinance. Chp. 2 (

f) prepare and submit an annual report to the Commissioner, and (g) . perform such other duties as may devolve upon him under any other Ordinance.

(2) The Director may prescribe standards of living accommodation in respect of any type of industrial school or correctional institution in which a child or adult may be placed or confined.

PART 11 CORRECTIONAL INSTITUTIONS 5.

(1) The places other than those referred to in paragraph 44(1)(

A) of the Yukon Act now in use or declared to be common gaols shall. Correctional until otherwise ordered by the Commissioner, be known as institutions correctional institutions for the reception, care and confinement established of inmates.

(2) The places mentioned in

Schedule I to this Ordinance are declared to be common gaols. 6.

(1) The Commissioner may.provide for the establishment, maintenance and operation of mobile correctional camps and work sites connected therewith as part of any correctional institution. 7.

(1) The Commissioner may appoint such staff as may be required for the maintenance and operation of correctional institutions, and for the treatment of inmates, and every person so appointed shall discharge the duties of and hold any office authorized by law. . 8.

(1) Any person who is sentenced to imprisonment in any of the correctional institutions of the Yukon Territory shall do such work or perform such duties as the superintendent may direct, within, or outside the limits of the institution of which he is an inmate and for which he is certified to be medically fit ·to perform.

(2) The Director may authorize any inmate to attend any school or other institution for the purpose of receiving vocational or other treatment or training.

(3) Every inmate who is employed or is required to perform duties as mentioned in subsection (1), and every inmate under subsection (2) who is undergoing vocational or other training or treatment is subject to the rules and regulations and discipline of the correctional institution in which he is confined and to the provisions of the Prisons and Reformatories Act (Canada) for preventing escapes and preserving discipline.

(4) Every street, highway, or public thoroughfare on which inmates pass on going to, or returning from, work and every place where they are employed or undergoing training or treatment is, for the purposes of this Ordinance, a part of the correctional institution in which such inmates are confined. -3- Mobile camps Appointment of staff Prisoners to work Education Students subject to rules Place of work subject to rules

9. (1 ) Medical treatment Director to (2) be advised Return (3) 10.

(1) Patients in custody

(2) Right of access

(3) Guards Time in (4) hospital to count Free 11.(1) return transport Work 12. (1) release programs Residence to be 13.(1) institution 14.

(1) Workers subj ec t to rules 15.

(1) Pay remitted to Director C01'1'eation8 C1rp. 2 A superintendent, upon the advice of a medical practitioner, or in the case of medical emergency, shall arrange for a"y inmate of a correctional institution to be removed to a . hospital, or other suitable facility, for medical, surgical or other treatment. The superintendent shall advise the Director in writing of the circumstances of any such removal. The superintendent,· on the advice of medical authority, m~ direct that any inmate removed pursuant to subsection (1) be returned to the correctional institution from which he was taken. Any inmate removed to a hospital or other facility pursuant to

section 9 shall be deemed to be still in custody in the correctional institution from which he was removed. Where an inmate is removed to a hospital or other facility pursuant to

section 9, the superintendent of the institution from which he was removed, and such other persons as he may delegate, shall have a right of access at all times to the inmate. The superintendent, where he considers it necessary, may designate a person to ensure the custody of the inmate at the hospital or other facility to which he is removed. Time spent by an inmate of a correctional institution in a hospital or other facility shall be considered part of the sentence for which he was committed to the institution. The Director may furnish an inmate, upon his discharge from a correctional institution, with transportation to the place of conviction or to any other reasonable destination

PART III WORK RELEASE PROGRAMS The Commissioner, subject to such terms and conditions as he considers advisable, may establish under the administrative authority of the Director, a work release program whereby a person sentenced to a correctional institution, in order to assist such person's rehabilitation, may be granted the opportunity to do one or more of the following things: (

a) obtain employment; (

b) continue to work at his employment; (

c) conduct his own business or other self-employment including housekeeping and attending to the needs of his family; or (

d) attend an educational institution. For the purpose of this Part, where there is no correctional institution near the place of employment of an inmate part icipating in a work release program the Commissioner, if he considers it advisable, may designate a place to be a correctional institution or he may enter into an agreement with any person for housing participants in a work release program.

Every inmate of a correctional institution who participates in a work release program continues to be subject to the conditions of this Ordinance and to the rules and regulations of the institution to which he was committed and if he fails to return to the institution as required under the work release program he may be apprehended without warrant by a peace officer and returned to the correctional institution where he was confined.

The employer of an inmate released under the work release program shall, when so requested by the Director, remit to the superintendent the total earnings of such inmate, less any deductions required by law. -4-

Corrections Chp. 2

(2) A superintendent may disburs~ the money received by him under subsection (1) as prescribed in the regulations.

(3) A superintendent, receiving money pursuant to the provisions of subsection (1) shall keep a proper record of the receipt and disbursement thereof, and render an accounting thereof to the inmate.

PART IV PROBATION 16.

(1) The Commissioner may appoint a Chief Probation Officer for the Terri tory.

(2) The Commissioner may appoint such other probation officers as may be required to carry out the provisions of this Ordinance.

(3) Every person appointed under this

section shall: (

a) discharge the duties of and hold any office authorized by law, (

b) perform such duties as may be assigned to him by the Commissioner, and (

c) serve the Supreme Court,·a juvenile court, the Magistrate's Court and a Justice of the Peace as required. 17.

(1) A probation officer under this Ordinance (

a) is a probation officer in and for the Yukon Territory, (

b) is an officer of every court in the Territory, (

c) shall prepare and submit to a court such reports as may be ordered by the court, and (

d) is a peace officer for the purposes of performing and discharging his duties as a probation officer.

(2) For the purpose of giving effect to the Criminal Code, the Juvenile Delinquents Act or any ordinance a probation officer to may be designated by a court for the purpose of supervising a person placed on probation as provided by law. 18.

(1) A probation officer charged with the supervision of a person on whom the passing of sentence was suspended shall report to the court if the person fails to carry out the terms or conditions on which the passing of sentence was suspended.

(2) A probation officer shall conduct such inquiries and afford such supervision as necessary to give effect to the provisions of the Parole Act. 19. (1) 20. (1) (2) (3) ~l. (1 )

PART V JUVENILE OFFENDERS For the purpose of this Part, the Director shall be a superintendent within the meaning of

section 2 of the JuveniZe Delinquents Act. The Commissioner may establish or designate any place to be an industrial school for the reception, rehabilitation, detention, custody, examination, care, treatment, or education of children. Any place designated by the Commissioner pursuant to sub section (1) shall be an industrial school for the purposes of paragraph (l)(

e) of subsection 2(1) of the Juvenile Delinquents Act. The Commissioner may establish staging facilities as part of any treatment program operated from an industrial school. Where a police officer or probation officer has reason to believe, or where he receives a complaint, that a child has committed a delinquency within the meaning of the Juvenile Delinquents Act he may take the child into custody. -5- Disbursements Accounts Chief Probation Officer Probation officers Duties Functions Probation officers to be peace officers Reports to court Inquiries Director to be superin tendent Designation of industrial school Juvenile De Zinquents Act Staging facilities Taking child into custody

Parents to (2) be notified 22.

(1) Probation officer to solve problems ( 2) Investigation Other (3) action

(4) Arrangements Breech of arrangement ( 5) COl'l'eations Chp. 2 Upon taking a child into custody under sUbsection (1), a police officer or probation officer shall immediately notify the parents, guardian or other person responsible for the maintenance and welfare of the child that the child has been taken into custody and he shall forthwith conduct an invest igation into the nature of the offence alleged to have been committed by the child.

In addition to his powers and duties under subsection 16(3) of this Ordinance, a probation officer shall endeavour to solve problems involving juvenile offenders without the intervention of a court. Where a probation officer is available to the court he shall, in cases involving a child within the meaning of the Juvenile DeZinquents Aat. examine the facts and circumstances relating to the child, including the family background, before a charge is laid or, if a charge has already been laid, before the trial commences.

Where, after the examination, the probation officer finds that it is in the best interest of the child and in the public interest that some action, other than a prosecution of the child, be taken, he shall so recommend to the prosecutor. Where, on the recommendation of the probation officer, a child is not prosecuted, the probation officer may, with the consent of the child and the parent or guardian of the child, enter into an arrangement in writing with the child and parent or guardian for a period not exceeding one year.

Where a police officer, a probation officer or a parent or guardian of a child brings the child before a juvenile court and satisfies the juvenile court judge that the child has failed to abide by the terms of an arrangement, the judge may deal with the child as a delinquent pursuant to the JuveniZe Delinquents Aat who has failed to comply with the terms of a Probation Order made by the court. 23.

(1) A child taken into custody by a police officer or probation Child not officer under

section 21 shall not be released to the care to be released of his parents, guardian or other person responsible for his maintenance and welfare, 24. (1 ) Report to Director 25.

(1) Placed in facility 26.

(1) Child deemed to be committed to Director (

a) if the child is a transient or refuses to accept the care and control of his parents or guardian pending his appearance before a juvenile court; (

b) if the child is apprehended following escape from lawful custody; or (

c) if it is not in the interest of the child to release the child into the custody of his parents, guardian or other person responsible for his maintenance and welfare. A police officer or probation officer who has taken a child into custody pursuant to

section 21 and who has not released such child into the custody of his parents, guardian or other person responsible for his maintenance and welfare, shall forthwith report the circumstances to the Director. The Director shall cause the child to be placed immediately in a suitable facility and may, as soon as is reasonably possible, cause an assessment to be made of the emotional and physical condition and environmental circumstances of the child. Where a child is committed to an industrial school pursuant to paragraph 20(1)(

i) of the JuveniZe DeZinquents Aat the child shall be deemed to have been committed to the care and custody of the Director. -6-

COl'l'eations Chp. 2 27.

(1) Any child who (

a) absconds or escapes from any premises where he is lawfully placed under this Ordinance; or (

b) without the express permission of the Director or any person in charge of the premises where he is lawfully placed, leaves such premises or any other place where he ;s permitted to be; may be apprehended with or without a warrant by any person and returned forthwith to the premises where he was lawfully placed or to such other premises as the Director may designate. 28.

(1) No child shall be discharged from custody under this

Part if he is suffering from a contagious or infectious disease or an acute or dangerous illness, unless arrangements satisfactory to the Director have been made for the care and treatment of the child and the child shall be removed to a hospital or such other place authorized by the Director for care and treatment until he recovers from the disease or illness. 29.

(1) Any child, upon completion of his term of custody under this Part, or any person on behalf of the child, may make a written request to the Director for permission to remain in custody for the purpose of completing a course of studies, or other training, and the Director may grant the request for such period as may be necessary to complete the course of studies.

PART VI GENERAL 30.

(1) Any person authorized by the Commissioner shall be permitted to visit any of the facilities mentioned in this Ordinance.

(2) If an inmate so wishes or if, in the case of a child, the Director approves, and the parent or guardian does not object, a clergyman may visit the inmate or child at any correctional institution or industrial school as the case may be, where the inmate or child is lawfully detained, for the purpose of instructing the inmate or child in religion on such days and at such times as the superintendent may authorize. 31.

(1) The Commissioner, and any person authorized by him and any person designated to be a correctional institution inspector may, at any time, enter any correctional institution or industrial school, and shall have access to every part thereof and to every person confined therein and may, (2) (

a) examine all papers, documents, vouchers, records, books and other things belonging thereto; (

b) investigate the conduct of any person employed in and about a correctional institution or industrial school, or of any person found within the premises appurtenant thereto; (

c) question any person therein; (

d) summon any person before him by order under his hand and examine that person under oath touching any matter relating to any breach of the rules of a correctional institution or training school or any matter affecting the interest of such institution or school; and (

e) by the same or like order, compel the production of books, papers and writing before him. All correctional institution inspectors shall have right of access to any correctional institution or industrial school. -7- Escape 'Patients not released Education after sentence Visitors Clergymen Inspectors Right of access

(3) 32.

(1) Duties of the superin tendent 33.

(1) Suspension of staff Corrections When a correctional institution inspector has visited a correctional institution. he shall furnish a report to the Commissioner concerning his visit to the correctional institution. A superintendent has the control and management of the correctional lnstitution or industrial school. as the case may be, of which he is in charge and is responsible for Chp. Z the administration thereof, and may make rules governing the conduct of the inmates and staff of the correctional institution or industrial school.

Subject to the PubZic Service Ordinance. the Director may suspend any staff member or employee for cause that warrants such action until the circumstances of the case have been reported to and acted upon by the Commissioner. 34.

(1) Every person who trespasses or loiters in or upon any grounds. Offences buildings, yards, offices or other premises appurtenant to or forming part of a correctional institution or industrial school commits an offence. 35. ( 1 ) Regulations 36. (1) 37.

(1) Coming into Force Every person who violates any provision of this Ordinance or the regulations commits an offence and is liable. on

summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term nut exceeding six months, or to both fine and imprisonment. The Commissioner may make such regulations as he deems necessary for carrying out the purposes and provisions of this Ordinance. This Ordinance shall come into force on a day to be fixed by the Commissioner. -8-

Correotions Chp. 2

SCHEDULE I Places Declared to be Common Gaols (Subsection 5(2)) 1. The Whitehorse Correctional Institution; and 2. All mobile correctional camps and worksites connected therewith, established maintained or operated pursuant to

section 6 of the Corrections Ordinance. -9-

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1973 (First Session) FRAUDULENT PREFERENCES AND CONVEYANCES ORDINANCE (Assented to March 6. 1973) R.O.V.T. The Commissioner of the Vukon Territory. by and with the

Chapter F-9.1 advice and consent of the Council of the said Territory. enacts as follows:

Short title 1. This Ordinance may be cited as the Fraudulent Preferences and Conveyances Ordinance.

Definitions . 2.

(1) In this Ordinance "related group" "unrelated group" "related persons" "related group" means a group of persons each member of which is related to every other member of the group; "unrelated group" means a group of persons that is not a related group.

(2) For the purposes of this Ordinance, persons are related to each other and are "related persons" if they are: (

a) individuals connected by blood relationship. marriage or adoption; (

b) a corporation and: (c) (

i) a person who controls the corporation. if it is (i i) (i i

i) two (i) (i

i) controlled by one person; a person who is a member of a related group that controls the corporation, or any person connected in the manner set out in paragraph (

a) to a person described in subparagraph (

i) or (i i); or corporations: controlled by the same person or group of persons; each of which is controlled by one person and the person who controls one of the corporations is related to the person who controls the other corporation; (iii) one of which is controlled by one person and that person is related to any member of a related group that controls the other corporation; (iv) one of which is controlled by one person and that person is related to each member of an unrelated group that controls the other corporation; (

v) one of which is controlled by a related group a member of which is related to each member of an unrelated group that controls the other corporation, or; -10-

FrauduZent Preferences and Conveyances (vi) one of which is controlled by an unrelated group each member of which is related to at least one member of an unrelated group that controls the other corporation.

(3) For the purposes of this section, Chp. 3 (

a) where two corporations are related 'to the same corporation within the meaning of subsection (2), they shall be deemed to be related to each other; (

b) where a related group is in a position to control a corporation, it shall be deemed to be a related group that controls the corporation whether or not it is part of a larger group by whom the corporation is in fact controlled; (

c) a person who has a right under a contract, in equity or otherwise, either immediately or in the future and either absolutely or contingently, to, or to acquire, shares in a corporation, or to control the voting rights of shares in a corporation, shall, except where the contract provides that the right is not exercisable until the death of an individual designated therein, be deemed to have the same position in relation to the control of the corporation as if he owned the shares; (

d) where a person owns shares in two or more corporations, he shall, as shareholder of one of the corporations, be deemed to be related to himself as shareholder of each of the other corporations; (

e) persons are connected by blood relationship if one is the child or other descendant of the other or one is the brother or sister of the other; (

f) persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other; and, (

g) persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is connected by blood relationship (otherwise than as a brother or sister) to the other. 3.

(1) Subject to sections 8, 9, 10 and 11 every gift, conveyance, assignment or transfer, delivery over or payment of goods, chattels or effects or of bills, bonds, notes or securities or of shares, dividends, premiums or bonus in a bank, company or corporation, or of any other property real or personal, made by a person at a time when he is in insolvent circumstances or is unable to pay his debt. in full or knows that he is on the eve of insolvency, with intent to defeat, hinder, delay or prejudice his creditors or anyone or more of them, is void as against the creditor or creditors injured, delayed or prejudiced. . 4.

(1) Subject to sections 8,9, 10 and 11 every gift, conveyance, assignment or transfer, delivery over or payment of goods, chattels or effects or of bills, bonds, notes or securities or of shares, dividends, premiums or bonus in a bank, company or corporation, or of any other property real or personal, made by a person at a time when he is in insolvent circumstances or is unable to pay his debts in full or knows that he is on the eve of insolvency to or for a creditor, with intent to give that creditor preference over his other creditors or over anyone or more of them, is void as against the creditor or creditors injured, delayed, prejudiced or postponed. -11- Transfers injurious to creditors void Transfers with intent to give creditors preference void

"Transfers 5. (1 ) to creditors 6. (

l) Transactions deemed to give creditors preference Preferential effect shall govern (2) "creditor" 7. (1) may include surety and endorser FrauduZentPreferenaes and Conveyances Chp. ;S Subject to sections 8, 9, 10 and 11 every gift, conveyance. assignment or transfer. delivery over or payment of goods. chattels or effects or of bills. bonds, notes or securities or of shares, dividends, premiums or bonus in a bank. company or corporation, or of any other property real or personal, made to or for a creditor by a person at a" time when he is in insolvent circumstances or is unable to pay his debts in full or knows that he is on the eve of insolvency. and which has the effect of giving that creditor a preference over the other creditors of the debtor or over anyone or more of them, is void, in and with respect to any action or proceeding that within three months, or in the case of a transaction between related persons as defined in this Ordinance, within twelve months thereafter is brought. had or taken to impeach or set aside that transaction, as against the creditor or creditors injured, delayed, prejudiced or postponed.

A transaction shall be deemed to be one that has the effect of giving a creditor a preference over other creditors, within the meaning of

section 5. if by that transaction a creditor is given or realizes or is placed in a position to realize payment. satisfaction or security for the debtor's indebtedness to him or a portion thereof greater proportionately than could be realized by or for the unsecured creditors generally of the debtor or for the unsecured portion of his liabilities out of the assets of the debtor left available and subject to judgment, execution, attachment, or other process; and such effect shall not be deemed dependent upon the intent or motive of the debtor or upon the transaction being entered into voluntarily or under pressure." No pressure by a creditor or want of notice to the creditor alleged to have been preferred of the debtor's circumstances, inability or knowledge, or of the effect of the transaction. shall avail to protect the transaction except as provided by sections 8 and; 11, but independently of the intent with which the transaction was entered into the preferential effect or result of the transaction impeached shall govern.

In secti ons 4. 5 and 6 "credi tor" and "credi tors" sha 11 be deemed to include a surety and the endorser of a promissory note or bill of exchange who would. upon payment by him of the debt. promissory note or bill of exchange in respect of which such suretyship was entered into or such endorsement was given, become a creditor of the person giving the preference within the meaning of the said sections. and the said words shall also include a aestui qui trust or other person to whom liability is equitable only. Bona fide transfers protected 8.

(1) Nothing in sections 3, 4, 5. 6 and 7 applies to a bona fide sale or payment made in the ordinary course of trade or calling to innocent purchasers or parties, nor to a payment of money to a creditor, nor to a bona fide conveyance. assignment. transfer or delivery over of any goods, securities or property of any kind as above mentioned that is made in consideration of a present actual bona fide payment in money or by way of security for a present actual bona fide advance of money, or that is made in consideration of a present actual bona fide sale or delivery of goods or other property, provided that the money paid or the goods or other property sold or delivered bear a fair and reasonable relative value to the consideration therefor. -12-

FrauduZent Preferenaes and Conveyances Chp. J 9.

(1) In case of a valid sale of goods, securities or property and payment or transfer of the consideration or part thereof by the purchaser to a creditor of the vendor under circumstances that would render void the payment or transfer to the debtor personally and directly, the payment or transfer though valid as respects the purchaser, is void as respects the creditor to whom it is made. 10.

(1) If a payment· has been made that is void under this Ordinance and a valuable security has been given up in consideration of the payment, the creditor shall be entitled to have the security restored or its value made good to him before or as a condition of the return of the payment. 11.

(1) Nothing in this Ordinance shall affect any payment of money to a creditor who by reason or on account of the payment has lost or been deprived of or has in good faith given up a valid security that he held for the payment of the debt so paid, unless the value of the security is restored to the creditor, or the substitution in good faith of one security for another security for the same debt so far as the debtor's estate is not thereby lessened in value to the other creditors. nor shall anything in this Ordinance invalidate a security given to a creditor for a pre-existing debt where by reason or on account of the giving of the security, an advance in money is made to the debtor by the creditor in the bona fide belief that the advance will enable the debtor to continue his trade or business and pay his debts in full. 12.

(1) One or more creditors may, for the benefit of creditors generally or for the benefit of such creditors as have been injured, delayed, prejudiced or postponed by the impeached transaction. sue for the rescission of or to have declared void agreements. deeds, instruments or other transactions made or entered into in fraud of creditors or in violation of this Ordinance or thereby declared void, and if an amendment of the statement of claim is made the amendment shall relate back to the commencement of the action for the purpose of the time limited by

section 5.

(2) In an action under this

section the court may direct delivery of any property in question to a sheriff or a receiver and may order a sale thereof and such distribution of the proceeds as seems equitable through a sheriff or receiver or otherwise as seems proper.

(3) In case of a transaction void under this Ordinance by reason of having been entered into with intent to give a preference or having the effect of giving a preference. the subject matter shall not be seizable or attachable or liable to sale for the satisfaction, according to priorities otherwise prevailing. of judgments. executions, attachments or other process, but the court shall have and exercise jurisdiction to realize the same for the benefit of all the creditors and to distribute the proceeds among them rateably and proportionately. 13.

(1) In the case of a gift, conveyance, assignment or transfer of property real or personal that in law is invalid against creditors, if the person to whom the gift, conveyance, assignment or transfer was made has sold or disposed of, realized or collected the property or any part thereof, the money or other proceeds or the amount thereof, whether further disposed of or not, may be seized or recovered in an action by a person who would be entitled to seize and recover the property if it had remained in the possession or control of -13- Transfer to creditor of consideration for sale invalid Retum of security Exchange of securities protected Suit for rescission of void transactions following proceeds of property fraudently transferred

Seizable proceeds Proceeds not selzable Innocent purchasers Fraudulent ~eferences and Conveyances the debtor or of the person to whom the gift, conveyance. transfer, delivery or payment was made, and the right to seize and recover shall exist in favour of all creditors of such debtors.

(2) Where the proceeds are of a character seizable under execution they may be seized under the execution of any creditor and shall be distributable among creditors under the Creditors' Relief Ordinance. ClIp. 8

(3) Whether the proceeds are or are not of a character seizable under execution, an action may be brought therefor or to recover the amount thereof by a creditor, whether a judgment creditor or not, on behalf of himself and all other creditors, or such other proceedings may be taken as may be necessary to render the proceeds or the amount thereof available for the general benefit of the creditors.

(4) This

section does not apply as against innocent purchasers of such property. 14.

(1) Applica tlons Applications to set aside a transaction alleged to be with intent to defeat a creditor or preferential, or having the effect of preference and thereby void as against a creditor or creditors, shall be made by originating notice. to be by originating notice Lis Pendens 15.

(1) Any originating notice for an order under this Ordinance may contain a description of any land in question and upon the filing of the notice of motion in court a certificate of Lis Pendens may be issued for registration against the lands; and in case the motion is refused in whole or in part a certificate for registration of the order may be issued. Costs 16.

(1) The costs of and incidental to all proceedings authorized in this Ordinance shall be in the discretion of the court. 17.

(1) Regulations Coming 18. (1) into force The Commissioner may make such regulations and prescribe such forms as he deems necessary for carrying out the purposes and provisions of this Ordinance. This Ordinance shall come into force on a day to be fixed by the Commissioner. -14-

CHAPTER 4 ORDINANCES OF THE YUKON TERRITORY 1973 (First Session) FUEL OIL TAX ORDINANCE (Assented to March 6. 1973) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as foll ows: 1. This Ordinance may be cited as the Fue~ Oi~ Tar Ordinance. 2.

(1) In this Ordinance. unless the context otherwise requires.

"distributor" means a person who imports into the Territory. manufactures or sells fuel oil to a vendor for resale; "fuel oil" means the liquid derived from petroleum or natural gas and any other liquid by whatever name known or sold. containing any derivative of coal. petroleum or natural gas. and any other fuel as may be included in this definition by regulation of the Commissioner; "generator" means a generator of electricity which is per manently located on land or in a building and intended to so remain located and does not include a generator used for temporary service work or temporary supply of electricity; "inter-provincial carrier" means a motor vehicle. ship. boat, or aircraft which travels from one province to another and is used to transport freight or is capable of carrying a minimum of fifteen passengers; "person" includes a corporation. partnership.

Her Majesty in right of Canada, a province. and a municipality; "province". for purposes of this Ordinance. includes the State of Alaska; "purchaser" means a person who buys fuel oil from a vendor; "Regi strar" means the Regi strar of Motor Vehi c les as appointed by the Commissioner to so act; "tax" means the tax imposed by this Ordinance; "through carrier" means a commercial transportation vehicle which travels through the Territory without loading or un loading any cargo or passengers. and is used to transport freight or capable of carrying a minimum of fifteen passengers; "vendor" means a person who sells fuel oil to a purchaser. 3.

(1) Every person who uses any fuel oil in the Territory shall pay to the Territorial Treasurer a tax in respect of that fuel oil as provided in this Ordinance. -15- R.O.Y.T.

Chapter F-ll

Short title

Interpretation "distributor" "fuel oil" "generator" "inter provincial carrier" "person" "province" "purchaser" "Registrar" "tax" "through carrier" "vendor"

Fue Z Oi Z Ta:e Chp. 4 4.

(1) Every vendor and every distributor shall pursuant to this Ordinance collect and remit tax (

a) in respect of fuel oil for use in residential, commercial or industrial heating or cooling at the rate of one cent per imperial gallon. (

b) in respect of fuel oil for use to propel an aircraft at the rate of two cents per imperial gallon. (

c) at the rate of sixteen cents per imperial gallon for diesel oil, and (

d) at the rate of fourteen cents per imperial gallon on all fuel oil purchased other than on diesel oil and fuel oil mentioned in paragraphs (a), (

b) and (

c) and

section 5. Imported fuel (2) 011 Every person, other than a vendor or distributor. who brings into the Territory a quantity of fuel oil greater than fifty ga.110ns shall, within ten days thereof, pay" to the Conmis sioner the tax thereon or furnish an exemption certificate in the prescribed form together with such other documents as the Commissioner may require by regulation. Exemptions 5.

(1) No tax is payable on fuel oil purchased for use, and subse quently consumed, in stationary generators of electricity. lubricating. laying or sprinkling on roads or streets. as cleaning fluids or solvents, in the operation of farm tractors for bona fide farming purposes if the purchaser certifies in the prescribed form to the vendor that the fuel oil is required for any of the foregoing tax exempt purposes. Tax in arrears Limit on tax exempt purposes

(2) No tax is payable on fuel oil when used for a bona fide phar maceutical or medical purpose. "

(3) No tax is payable in respect of fuel oil used for heating ore as a part of a mineral extraction process in respect of which a valid and subsisting permit has been issued by the Commis sioner providing for the purchase of such fuel without pay ment of tax.

(4) No tax is payable on fuel oil sold or delivered to (

a) the Government of Canada, or (

b) a visiting force as defined in the Visiting Foraes Aat if the person who receives delivery of the fuel oil has been so authorized by such government or force and furnishes to the supplier a certificate to that effect. 6.

(1) Where fuel oil is obtained for a purpose and is used for another purpose. tax shall be paid by the purchaser at the rate applicable to the purpose for which the fuel oil is used not later than the tenth day of the month next following the month in which the use took place in the manner and form pre scribed by regulation. 7.

(1) No purchaser may purchase an amount of fuel oil.which is tax exempt, or in respect of which tax is payable pursuant to paragraph 4(ll(

a) exceeding in any period one-seventh of his total fuel oi' purchases for that period if any part of the fuel oil so purchased is intended for any use other than exempt purposes or for heating. -16-

Fuel Oil Taz Chp. 4

(2) Nothing in subsection (1) shall be deemed to prevent the Com missioner making a full or partial refund where the purchaser satisfied the Commissioner that he has used the fuel 011 for a tax exempt purpose or a purpose mentioned in paragraph 4(1)(a). 8.

(1) Every distributor who imports into the Territory, manufactYres, Di.tributor keeps for sale or sells fuel oil to a vendor in the Territory licence shall apply for and hold a valid fuel oil distributor licence issued pursuant to this

section in respect of each place of business at which fuel oil is so kept for sale or sold by him.

(2) Every vendor who purchases fuel oil from a licenced distribu tor for sale to a purchaser shall apply for and hold a valid vendors licence issued pursuant to this

section in respect of each place of business at which fuel oil is so kept for sale or sold by him.

(3) Every person who does not hold a subsisting distributor licence. Iftd who keeps or has in his possession or under his control, or brings into, or receives in, the Territory for use any fuel oil on which no tax has been paid under this Ordinance shall pa~ in the manner and at the times prescribed by regulation, tax at the applicable rates on all fuel oil so kept, possessed, controlled, imported or received by him. 9.

(1) A vendor shall, in every account or invoice furnished with Duty of respect to any sale of fuel oil made by him under the provi- vendor sions of paragraphs 4(1 )(

a) or (b), or

section 5, state the date of the sale, the number of gallons of fuel oil sold, the price per gallon and the purpose for which the fuel is pur- chased.

(2) For each account or invoice furnished by the vendor pursuant . to subsection (1), the vendor shall complete and have the purchaser sign an exemption certificate in the form prescribed by regulation.

(3) A vendor shall submit to his distributor, in addition to the remittance under subsection 10(1), a monthly return of sales in the form prescribed by regulation and shall attach thereto all exemption certificates received in accordance with sub section (2). 10.

(1) Subject to this Ordinance and the regulations, a vendor shall Monthly pay to his distributor fuel oil tax as specified in subsection payments 4(1), or submit exemption certificates in lieu thereof, in respect of all fuel oil purchased by the vendor.

(2) Notwithstanding subsection (1), where a distributor is also a vendor, he shall remit all tax levied, or have exemption cer tificates on file in lieu thereof, in respect of all fuel oil sold to a purchaser in accordance with

section 11. 11.

(1) Subject to this Ordinance and the regulations, a distributor Duty of shall distributor (

a) remit to the Commissioner, not later than the twenty-fifth day of each month, all tax received by such distributor in respect of the next preceding month; (

b) furnish the Commissioner with returns in the prescribed form not later than the twenty-fifth day of each month; and -17-

Fue Z Oil Ta:r: Chp. 4 (

c) furnish the Commissioner"with such invoices and other docu ments and such copies thereof as the Commissioner by regu- lation may require. . Fuel oil 12.

(1) The operator of an inter-provincial carrier or through carrier user emblem shall be issued a permit upon application and issuance of the operating licence by the Registrar and shall apply for an annual renewable fuel oil user emblem for each lfcenced com mercial vehicle or aircraft intended to be operated as an fnter provincial or through carrier.

(2) The operator of an inter-provincial carrier or through carrier holding a non-resident commercial motor vehicle permit shall be issued a temporary fuel oil emblem or a prepaid single trip fuel oil emblem and shall deposit by way of cash or other security acceptable to the Commissioner, a tax deposit in an amount or amounts as prescribed by regulation.

(3) During the interval between the coming into force of this Ordinance and the thirty-first day of March 1974, operators of inter-provincial carriers and through carriers already holding valid operating licences for a similar period shall (

a) be required to apply for a fuel oil user permit and annual renewable fuel oil user emblems as required by subsection l2{l), and (

b) be required to deposit a bond as required by subsection 15(1) and (2) within sixty days from the date that this Ordinance comes into force and shall be required to file such reports and other information as required by regulation.

Travelout 13.(1) of Territory The operator of an inter-provincial carrier who makes infrequent trips not exceeding one per calendar month outside the Territory may, in lieu of obtaining a permit, make a declaration at the time of re-entry into the Territory, showing the amount of fuel oil consumed outside the Territory, the amount purchased outside the Territory, and with the declaration remit tax pursuant to the rates of tax per gallon as shown in subsection 4(1). Inter- 14.

(1) Notwithstanding any other provlsl0ns in this Ordinance to the contrary, operators of commercial transportation vehicles making journeys from one point in the Territory to another shall not provincial carrier exclusions Bond deposit be deemed to be inter-provincial carriers as defined in this Ordinance by reason only of the fact that a portion of the jour ney passes through a neighbouring province.

(2) Operators of commercial vehicles on journeys to or from the Town of Cassiar, British Columbia, or the Town of At1in, British Columbia, shall not be deemed to be inter-provincial carriers as defined in this Ordinance solely by reason of such journeys.

(3) Tax paid on fuel oil purchased in the Territory and consumed by such vehicles on journeys between the southern border of the Territory and the destinations listed in subsection (2) may be refunded upon submission of evidence that tax has been paid to the appropriate authorities in the jurisdiction where the fuel oil was so consumed. 15.

(1) The Commissioner may require any person subject to tax under this Ordinance to deposit a bond or other security satisfactory to the Commissioner. -18-

F'ue l Oil Tax Chp. 4

(2) The amount of the bond shall be determined by the Commissioner but shall not be less than twice nor greater than six times the estimated amount of the monthly tax determined 1n such manner as the Commissioner may deem proper. 16.

(1) Every distributor and vendor shall (

a) maintain books and records in respect of his fuel oil transactions in sufficient detail to permit examinat10n and calculation of the tax; and (

b) preserve such books and records until such time as the Commissioner grants permission to destroy. Books and records 17.

(1) Any person so authorized by the Commissioner may enter at any Inspection reasonable time the business premises occupied by any person. or the premises where records and documents are kept. to determine whether this Ordinance and any regulations thereunder are being and have b~en complied with. or to inspect. audit and examine books of account, records or documents. or to ascertain the quantities of fuel oil purchased, imported or otherwise acquired by him. sold or used by him, and shall answer all questions pertinent to these matters, and shall produce such books of account. records or documents as may be required.

(2) Where it appears from the inspection, audit or examination of books of account. records or documents that this Ordinance or the regulations have not been complied with. the person making the inspection, audit or examination shall calculate or estimate the tax due, if any, in such manner and form and by such procedure as the Commissioner may deem adequate and expedient, and the Territorial Treasurer shall assess the person for the amount of the tax so calculated. 18.

(1) Every person who (

a) makes a false statement in any return, report, certificate or form used under this Ordinance. (

b) obtains or attempts to obtain or knowingly induces, assists or attempts to assist another person to obtain an unwarranted exemption from or reduction of tax, (

c) knowingly gives false information respecting any fuel oil transact·ion, (

d) refuses or neglects to payor remit tax where required to do so by this Ordinance or to execute prescr1bed returns, certificates, reports or forms in connection with exemption or reduction in tax where required to do so by this Ordinance. (

e) refuses to produce records. or documents respecting fuel oil transactions, or any container used for holding fuel oil that is in his possession or control, or (

f) violates any other provisions of this Ordinance or the regulations. commits an offence against this Ordinance and is liable, upon Offences

summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to botn fine and imprisonment, and each day's continuance of the act or default out of which the offence arises shall constitute a separate offence; but nothing contained in this

section nor the enforcement of any penalty thereunder shall suspend or affect any remedy for the recovery of any tax. -19-

Fue~ Oil T= Chp. 4

(2) In addition to the fine or term of imprisonment imposed under sUbsection (1). the offender shall be ordered by the Court to pay the amount of the tax that is owing. on or before such date as shall be fixed by the Court. 19.

(1) In any prosecution for an offence under this Ordinance or in Burden of any action or other proceeding brought for the recovery of tax. proof the burden of proving that he has paid or remitted tax or that he is exempt under this Ordinance from liability to pay tax or remit tax. is on the accused or the defendent. Limitation 20.

(1) No prosecution for an offence under this Ordinance shall be commenced after two years from the date of the commission of the offence. 21.

(1) The Commissioner may. in addition to any other penalty or action. Penalty and assess a penalty equal to ten percent of the amount due. and may interest assess interest on the amount due at ten percent per annum against any person who fails to pay any tax which he is required to pay under this Ordinance or fails to file returns on due dates as required by this Ordinance. Cancellation Refund 22.

(1) The Territorial Treasurer may for cause (

a) cancel any fuel oil user permit and annual renewable fuel oil user emblem issued pursuant to this Ordinance. and may during the period of twelve months next succeeding the cancellation of that permit and emblem refuse to issue any new permit and emblem to the person if the permit and emblem holder is convicted of any offence against this Ordinance. but the cancellation does not preclude the person from purchasing prepaid single trip permits and emblems; and (

b) cancel any distributors or vendors licence issued pursuant to this Ordinance if the licencee is convicted of any offence against this Ordinance. and may during the period of twelve months next succeeding the cancellation of that licence refuse to issue any new licence to the person so convicted. 23.

(1) Applications for refund of fuel oil tax paid must be submitted before the fi rst day of August in the year next following the year of purchase of the fuel oil.

(2) Applications for refund of fuel oil tax in respect of fuel oil purchased within the Territory for use outside the Territory must be accompanied by proof satisfactory to the Commissioner that tax has been paid at the applicable rates in the jurisdiction in which the fuel was used. 24.

(1) For the purpose of carrying into effect the provlSlons of this Regulations Ordinance. the Commissioner may make such regulations and prescribe such forms as are considered necessary or advisable. Repeal 25.

(1) The Fue~ Oi~ T= Ordinance,

Chapter F-ll of the Revised Ordinances or the Yukon Territory. 1971, is repealed. Coming into 26.

(1) This Ordinance shall come into force on a day to be fixed force by the Commissioner.

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY 1973 (First Session) PUBLIC INQUIRIES ORDINANCE (Assented to March 6. 1973) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the Yukon Territory. enacts as follows: R.O.V.T . . Chlp,ter P-8.1 1. This Ordinance may be cited as the PubLic Inquiries Ordinance.

Short Title 2.

(1) In this Ordinance

Definitions "Board" means any board appointed under this Ordinance. "Board" 3.

(1) The Commissioner may cause an inquiry to be made into any matter. (

a) connected with the conduct of the public business of the Territory; or (

b) any matter of public concern. 4~1) The Commissioner may appoint a Board of one or more persons to make an inquiry and report thereon to him. 5.

(1) Every Board shall have the power, subject to reasonable notice, of summoning any person as a witness and of requiring him to give evidence on oath or affirmation and to produce such documents and things as the Board considers necessary. 6.

(1) Every Board shall have the same power as is vested in a court of record in civil cases, (

a) to enforce the attendance of persons as witnesses; (

b) to compel them to give evidence; and (

c) to compel them to produce documents and things. 7.

(1) Where the actions or conduct of any person are called into question in the course of any inquiry, such person shall have the right to be represented by counsel or agent. 8.

(1) The Commissioner may make regulations respecting, (

a) the remuneration of the members of a Board and witnesses; (

b) allowances for members of a Board and witnesses in respect of travelling and living expenses; (

c) the procedures governing the conduct of the inquiry; and (

d) generally for carrying out the purposes and provisions of this Ordinance. -21- Commissioner may cause inquiry Commissioner may appoint Board Board may SUDDDon witnesses Power of Board Right to counsel or agent Regulations

Public Inquiries Chp. S Coming 9.

(1) This Ordinance shall come into force on a day to be into force fixed by the Commissioner. -22-

CHAPTER 6 ORDINANCES OF THE YUKON TERRITORY 1973 (Third Session) WORKMEN'S COMPENSATION ORDINANCE (Assented to July 31,1973) The Commissioner of the Yukon Territory, by and with the advice and consent of Council of the said Territory, enacts as follows: 1.

SHORT TITLE This Ordinance may be cited as the Workmen's Compensation Ordinance.

INTERPRETATION 2.

(1) In this Ordinance "accident" includes (

a) a wilful and intentional act, not being the act of the workman, (

b) a chance event occasioned by a physical or natural cause, and (

c) disablement arising out of and in the course of the employment, and where the disablement is caused by disease the date of the accident shall be deemed to be the date of the disablement; "child" in respect of a workman i ncl udes (

a) an illegitimate child of the workman, (

b) a child (including an illegitimate child) of any child of the workman, (

c) a child by a former marriage of the spouse of the workman, and (

d) any person to whom the workman stands in Zoco parentis; "compensation" includes expenses relating to the provision of medical aid; "dependant" in respect of a workman means a member of the family of the workman who is wholly or partially dependant on the workman's earnings for the ordinary necessaries of life"or who, but for the workman's incapacity due to an accident, would have been so dependant. and a dependant spouse, child or other member of a workman's family who is a dependant of the workman; "employer" includes (

a) every person having in his employment one or more workmen, (

b) the Commissioner, and (

c) in respect of a workman who is injured, disabled or dies as a result of an accident, means the employer by whom the workman was employed at the time of the accident; "employment" means employment in an industry or in any part thereof; "flight crew member" means a workman, including a steward or a stewardess, whose duties require him to fly in an aircraft for the purpose of assisting in the operation thereof; -23- R.O.Y.T.

Chapter W-5

Short title

Definitions "accident" "child" "compensa t ion' "dependant" "employer" "employment" "flight crew member"

"industry" "injury" "invalid" "learner" "maximum wage rate" "medical aid" "medical practitioner" "member of a family" "mine rescue work" "out worker" "payroll" or "wages" "permanent total disability" "referee" "remuneration" "silicosis" Workmen's Compensation Chp. 6 "industry" includes every establishment, undertaking, trade or business in or being carried on in the Territory; "injury" means personal injury; "invalid" means a person who is physically or mentally incapable of earning his living; "learner" means any person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry in the course of undergoing training or probationary work as a preliminary to employment; "maximum wage rate" means the maximum wage fixed or calculated pursuant to

section 80; "medical aid" includes medical and other services provfded by a medical practitioner while practicing as such, nursing services, hospital services, drugs, dressings, x-ray treatment, special treatment, transportation and such other things as the Commissioner or referee may authorize or provide; "medical practitioner" means a person who is authorized by law to practise medicine in the place where he is so practising and includes a person skilled in the art of healing who is authorized by law to practise the art of healing in the place where he is so practising; "member of a family" in respect of a workman means the workman's spouse, parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother, half-sister, and a person who stands in ~oco parentis to the workman or to whom the workman stands in ~oco parentis (whether or not there is any degree of consanguinity between such person and the workman" and the parents and grandparents of a workman who is an illegitimate child; "mine rescue work" includes the repair of the equipment necessary for and the training necessary for such work; "outworker" means a person to whom articles or materials are given to be made up, cleaned, washed,altered, ornamented, finished, repaired or adapted for use or sale at his own home or at other premises not under the control or management of the person who gave him the articles or materials; "payroll" or "wages" in respect of an employer means the total remuneration earned in a year by all workmen employed by an employer engaged in an industry to wh1ch the Ordinance applies; "permanent total disability" includes .(

a) total and permanent loss of the sight of both eyes, (

b) the loss of both feet at or above the ankle, (

c) the loss of both hands at or above the wrist, (

d) the loss of one hand at or above the wrist and one foot at or above the ankle, (

e) any injury to the spine resulting in pennanent and complete paralysis of legs or arms or of one leg and one arm, and (

f) any injury to the skull resulting in an incurable incapacitating mental disorder; . "referee" means the person appointed as referee pursuant to

section 10; "remuneration" includes salary, wages, commisssions, tips, earnings for overtime, piece work and contract work, bonuses and allowances, the cash equivalent of board and lodging, store certificates, credits and any substitute for money; "silicosis" means a fibrotic condition of the lungs of a workman (

a) caused by dust containing silica, and (

b) evidenced by specific x-ray appearances or .by the results of other scientific tests or examinations, that has resulted in a substantially lessened capacity for work by the workman; -24-

Workmen's Compensation Chp. 6 "workman" means an individual who perfonns services for an employer under an express or implied contract of service or apprenticeship. and includes (

a) any person engaged in training for mine rescue work and any person who. with the consent of the person charged with the management of a mine or of the person in charge of an authorized mine rescue crew •. is doing rescue work at a mine after an accident. explosion or other catastrophe, (

b) where a contractor enters into a contract with a person engaged in the mining industry for the perfonnance of mining operations for such other person. the employees of. the contractor who perfonns the operations and the contractor while actually performing them, (

c) a learner. and (

d) any individual who is deemed by any provision of this Ordinance or by any regulation to be a workman. 3.

(1) This Ordinance applies to employers in respect of employment by them of workmen in all industries.

(2) The Commissioner may on such terms and conditions as he directs. bring within the scope of this Ordinance volunteer employment undertaken in the public interest and in which the remunerati0R. if any, is nominal. 4.

(1) The Commissioner may establish such subclassifications, differentials and proportions in the rates as between the different kinds of emrloyment in the same class as the Commissioner deems pr~oer. and where any particular industry is shown to be so cir.umstanced or conducted that t~e hazard is greater thar the average of the class or subclass to which the industry is assigned. the Commissioner may impose upon the industry a special rate. differential or assessment, to correspond with the excessive hazard of such industry. COMPENSATION 5.

(1) Where in any employment to which this Ordinance applies, a workman suffers injury or death by accident arising out of .nd in the course of the employment, compensation shall be paid, subject to the provisions of

section 7 and except where the workman is (

a) employed in employment of a casual nature otherwise than for the purposes of the employer's industry, (

b) an outworker, (

c) a domestic servant, or (

d) a flight crew member in the industry of aeroplane transportation and the industry of maintenance and operation of aeroplanes for hire.

(2) Every person who is a (

a) duly ordained or appointed clergyman. (

b) member of a religious order. or (c) 1 ay reader is exempted from the application of this Ordinance while exercising his religious functions as such. -25- ''workman'' Application Differential in rates Eligibility for compensation

Workmen's Compensation Chp. 6 Accident elsewhere than 6.

(1) Where an accident that would entitle the workman or his dependants to compensation under this Ordinance if the accident had in Territory happened in the Territory happens while he is employed elsewhere than in the Territory, the workman or his dependants are entitled to compensation under this Ordinance if (

a) the workman is a resident of the Territory or hi~ usual place of employment is in the Territory. (

b) the nature of the employment is such that in the course of the work or service that the workman performs, the work or service is required to be performed both within and outside the Territory, (

c) the employment out of the Territory is a continuation of the employment by the same employer within the Territory, and - (

d) the employment out of the Territory has lasted less than 12 months.

(2) Where the operation in wMch the workman is and has been employed elsewhere than in the Territory continues or is likely to continue beyond the period of 12 months and the workman continues or is likely to continue to be employed therein, the period of 12 months may, upon application by the employer, be extended by the Commissioner for a further period of 12 months or such lesser period as the Commissioner orders, and on further applications by the employer may be further extended by the Commissioner from time-to-time as he sees fit.

(3) Where by the law of the country or place in which the accident happens the workman or his dependants are entitled to compensation or some other remedy in respect of it, he or they, as the case may be, shall elect whether they will claim compensation or the other remedy under the law of (4) (5) (6) that country or place or compensation under this Ordinance, and shall give notice of such election, but if there is in existence an agreement under subsection (5) the right of election is subject to the terms of such agreement.

Notice of the election shall be given to the Commissioner within 30 days after the happening of the accident or, if it results in death, within 30 days after the death, or within such longer period as, either before or after the expiration of such 30 days, the Commissioner allows, and if notice of election is not given within the time allowed by this SUbsection it shall be presumed that the workman or his dependants, as the case may be, have elected not to claim compensation under this Ordinance.

Where purusant to subection (3) a workman or dependant elects to claim compensation under this Ordinance in respect of an accident that happened outside the Territory and previously, concurrently or subsequently claims compensation or other remedy under the law of any other country or place in respect of the same accident, the workman or dependant shall be deemed to have forfeited all rights to compensation under this Ordinance in respect of that accident, and any monies paid to him or on his behalf by the Commissioner in respect thereof constitute a debt due from him to the Commissioner.

Subsection (5) does not affect the right to compensation of a workman or dependant who takes action at the direction of the Commissioner under the provisions of subsections (10), (11) and (12). -26-

(7) (8) (9) (10) (11 ) (12 ) Workmen's Compensation Chp. 6 Notwithstanding subsection (5) a workman or dependant who, before claiming under this Ordinance, has in error claimed compensation under the law of the country or place wherein the accident happened and has been found not entitled to such compensation shall be deemed not to have forfeited his rights under this Ordinance by reason of having made such claim.

The Commissioner may enter into an agreement with the Workmen's Compensation Board of any province or with the Commissioner of the Northwest Territories providing for the payment of compensation in conformity with the provisions of this Ordinance for injuries to workmen who are employed under such conditions that part of the work incidental to the employment is performed in the Yukon and part of the work in another province, the purpose of such agreement being to ensure that such workmen or their dependants receive compensation either in conformity with this Ordinance or in conformity with the Act in force in the other province relating to workmen's compensation, as the case may be, and to avoid a duplication of assessments.

Payment out of the Compensation Fund of monies required to be paid pursuant to an agreement made under subsection (8) may be made to the Workmen's Compensation Board of any province or the Commissioner of the Northwest Territories, as the case may be, and all monies received by the Commissioner of the Yukon pursuant to any such agreement shall be paid by him into the Compensation Fund.

If a workman or dependant entitled to compensation under this Ordinance has any right of action in a place other than the Yukon Territory in respect of personal injuries to the workman, he shall assign all damages to be recovered thereunder to the Commissioner, and the Commissioner may withhold payment of compensation until the assignment is made in a form satisfactory to the Commissioner.

In the event of the Commissioner directing any such injured workman or dependant to take any such action, the workman or dependant shall commence and prosecute the action with diligence and in the event of his not so. doing. the Commissioner amy refuse to p~y any compensation or may withhold any part of the compensation otherwise payable.

Where the Commissioner directs the workman or dependant to take such action he shall repay him the costs necessarily incurred by him in the prosecution thereof, but the Commissioner is not required to pay the costs of any appeal unless the appeal is taken under the direction of the Commissioner. 7.

(1) A workman who is injured or disabled as a result of an accident is not entitled to compensation if (

a) the accident is attributable solely to the serious and wilful misconduct of the workman, and death or serious disability does not result from it; or (

b) the accident occurs as a direct result of enemy action or of action taken in combatting an enemy force or in an attempt to repel a real or apprehended attack by such force.

(2) Where, except in the case of silicosis, the injury, disability or death of a workman employed by an employer to whom this Ordinance applies -27- Compensation to workman when not payable When disease partly due to employment

(a) (

b) Workmen's Compensation Chp. 6 is due to an accident of the kind described in paragraph (

c) of the definition of "accident" in subection 2(1), or the accident was caused partly by conditions encountered by the employee while in the employment of the employer and partly by conditions not so encountered, compensation is payable in accordance with this Ordinance only in an amount that is in proportion to the extent to which the accident was due to conditions encountered by the employee while in the employment of the employer.

(3) Where a workman is found dead at a place where he had a right to be in the course of his employment, his death shall be presumed to be the result of an accident arising out of and in the course of his employment unless there is evidence sufficient to rebut the presumption. Presumption (4) that accident occurred in course of employment Unless the contrary is shown, an accident (

a) that arises out of the employment of a workman shall be presumed to occur in the course of such employment, and (

b) that occurs in the course of the employment of a workman or out of employment Compensation payable where workman dis abled longer than one day (5) shall be presumed to arise out of such employment. Where a workman involved in an accident is disabled by the accident only on the day the accident occurred, he is entitled to no compensation other than medical aid, but if he is disabled for more than one day he is entitled to compensation on and from the day following the day of the accident. 8.

(1) Members of the family of an employer employed by him and dwelling in his house as members of his household shall be deemed not to be workmen within the scope of this Ordinance and compensation is not payable to them unless application to have them brought within the scope of this Ordinance Application to be brought under Ordinance has been received and approved by the Commissioner.

(2) The application shall be made by the employer and shall contain the names of all the members of his family employed by him, together with the estimated amount of their wages for the current year or balance thereof, or where no regular wage is paid or received, or if paid and recieved is less than three thousand dollars per annum, a stated sum in lieu of wages not exceeding the maximum wage rate and not less than three thousand dollars for or in respect of each member of his family named in the application.

(3) Upon the application being approved by the Commissioner, the members of the family of the employer included in the Commissioner's approval shall, while so employed in the industry named in the application, be deemed to be workmen of the employer for the balance of the calendar year and until the last day of February in the year following the date of approval.

(4) In all cases where an application has been made under subsection (2), assessments on the employer in respect of the employment of each such member of his family shall be levied upon the estimate or stated sum, as the case may be, and compensation shall be based upon such member's average weekly earnings, which shall be deemed to be the weekly equivalent of annual earnings equal to the estimate or stated sum set out in the application in respect of the member of the family.

(5) Compensation is not payable to an employer unless application to come within the scope of this Ordinance has been received and approved by the Commissioner. -28-

Workmen's Compensation Chp. 6

(6) The application shall be made by the employer and shall contain the stated sum for which compensation coverage t~ desired in an amount not exceeding the maximum wage rate and not less than three thousand dollars, and such assessment as the Commissioner fixes in respect of such application shall be levied on such sum for the period during which coverage is to be provided.

(7) Upon the application being approved by the Commissioner, the employer shall be deemed to be a workman in the industry named in the application for the period during which coverage is to be provided.

(8) Compensation payable to an employer shall be based upon his average weekly earnings which shall be deemed to be the weekly equivalent of annual earnings equal to the sum stated as provided by subsection (6).

(9) The Council of any municipality or the Board of Trustees of any local improvement district may apply by resolution to have the members of the Council or Board brought within the scope of this Ordinance and, upon the receipt of any such application by the Commissioner, the members of the Council or Board shall be deemed to be workmen of the corporate body concerned while actually engaged in the business of such corporate body, which shall be deemed to be the employer.

(10) Notwithstanding the foregoing provisions of this section, the Commissioner may with cause revoke his approval of an application made under the provisions of this

section and, upon the making of such a revocation, the person referred to in the revocation ceases to be a workman within the scope of the Ordinance as at the date fixed in such revocation.

(11) Notice of any revocation made pursuant to subsection (10) shall be forwarded by the Commissioner by ordinary mail to the employer.

(12) Where the approval of the Commissioner under subsection (3) or (7) is delayed by inadvertence, the Commissioner may make his approval effective from the date the application would otherwise have been approved.

(13) In this section, "current year" means the period fixed by the Commissioner. 9. (1) 10.

(1) The Council of the Yukon Territory may apply by resolution to have the members of the Council brought within the scope of this Ordinance and the members of the Council shall be deemed to be workmen while actually engaged in the business of the Council and any compensation in respect of them shall be paid by the Commissioner. REFEREE The Commissioner may designate a person to act as referee. Council may be brought under Ordinance COlll1Dissi:'!ler may appoint referee 11.

(1) Except as otherwise provided by this Ordinance, the referee has. Powers exclusive jurisdiction to examine, inquire into, hear and determine and all matters and questions arising under this Ordinance and referred jurisdiction to him by the Commissioner, and the action or decision of the of referee referee thereon is final and conclusive and is not open to question or review in any court, and no proceedings by or before the referee shall be restrained by injunction, prohibition or other process -29-

Exclusive . (2) jurisdiction of referee Power to (3) reconsider decisions Referee (4) not bound Attendance (5) of witnesses Evidence

(6) Referee (7) may appoint Power of (8) person appointed Appeals (9) to Commissioner Workmen's Compensation Chp. 6 or proceedings in any court or be removed by certioraPi or other'I/.i'se into any court, nor shall any action be maintained or brought against the referee in respect of any act or decision done or made by him in the honest belief that the same was within his jurisdiction. Without re.stricting the generality of subsection (1), the exclusive jurisdiction of the referee extends to examinfng, inquiring into, hearing and determining (

a) whether an accident is an accident within the meining of this Ordinance; (

b) whether disability exists by reason of an accident and the degree of such disability; . (

c) the duration of disability by reason of an accident; (

d) whether earning capacity has been impaired by reason of an accident and the degree by which it has been impai red; (

e) the amount of average earnings; (

f) whether a person is a member of the family of an emploYlr or a workman, as the case may be; (

g) whether dependency exists;. (

h) whether an industry or any part thereof is within the scope of this Ordinance; (

i) whether any person or aggregation of persons is an employer within the meaning of this Ordinance; (

j) whether a person is a workman within the meaning of this Ordinance; and (

k) whether a workman or a dependant is entitled to compensation under this Ordinance. . The referee has power to examine, inquire into and hear any matter that has been dealt with by him previously and. on such examination, inquiry or hearing, has the power to rescind or vary any decision or order previously made by him. The referee is not bound by his own previous ruling or decisions, and all rulings and decisions that he makes shall be upon the merits and justice of the case before him.

The referee has the same powers as the Court for compelling the attendance of witnesses, examining witnesses under oath and compelling the production and inspection of books, papers, documents and things. The referee may cause depositions of witnesses residing within· or without the Territory to be taken before any person appointed by him in a manner similar to that prescribed by the· Rules of Court. The referee may appoint any ·person to inquire into, and report upon,any matter that the referee has authority under this Ordinance to examine or inquire into and may act upon the report of such person.

Any person appointed by the referee pursuant to subsection (7) to inquire into and report upon any matter has the same powers as the referee would have in inquiring into the matter. Every person aggrieved by a decision of the referee or any person administering this Ordinance may appeal to the Commissioner who may refer the matter to the referee or back to the referee, as the case may be. -30-

Workmen's Compensation Chp. 6 12.

(1) The referee may, in any case where he deems it necessary and shall on the application of an employer, workman or dependant of a workman interested in any order, ruling or decision of the referee, issue a certificate embodying the substance of any such order, ruling or decision. NO CONTRIBUTION, WAIVER OR ASSIGNMENT BY WORKMAN 13.

(1) Except as authorized by this Ordinance, no employer shall (

a) either directly or indirectly deduct from the remuneration of any workman employed by him any part of any sum that he is or may become liable to pay to the Commissioner, or (

b) require or permit any workman employed by him to indemnify him or to contribute in any manner towards indemnifying him against any liability that he has incurred or may incur under this Ordinance.

(2) An agreement by a workman to waive or give up any benefit or any part thereof to which he or his dependants are or may become entitled under this Ordinance is void. .

(3) Except as otherwise provided in this Ordinance. no amount payable as or on account of compensation (

a) is capable of being assigned. charged or attached, and (

b) no claim is capable of being set-off against such amount, without the prior approval of the Commissioner. RECOVERY BY COMMISSIONER 14.

(1) Where the Commissioner pays to any person, in purported compliance with this Ordinance, any amount as or on account of compensation to which that person is not entitled, such amount may be recovered by the Commissioner (

a) as a debt due to him by that person; (

b) by way of set-off against any amount that is or becomes payable to that person as or on account of compensation; or (

c) partly as in paragraph (

a) and partly as in paragraph (b). DETERMINATION OF CLAIM FOR COMPENSATION 15.

(1) A claim for compensation in respect of a permanent disability or death shall be referred by the Commissioner to the referee and shall be determined by the referee.

(2) A claim by a workman for compensation in respect of a temporary disability shall be determined in accordance with this Ordinance by the Commissioner.

(3) If a workman who has been awarded or refused compensation for a temporary total or partial disability by the Commissioner, is dissatisfied with the disposition of his claim, such claim shall be referrred by the Commissioner to the referee. who shall review it and make such disposition of it as, having regard to the provisions of this Ordinance, he deems just. -31- Issuance of certificate embodying substance of order Prohibition of unauthor ized deduc- tion of amount from workman's wages Waiver of right of compensation invalid Unassign ability. e tc. of compensa tion Recovery of overpaid compensation Permanent disability to be determined by referee Temporary disability Appeal by workman

Rights of action 16.

(1) Workmen's Compensation Chp. 6 RIGHT OF ACTION AND SUBROGATION Where a workman or any dependant of the workman is entitled to compensation under this Ordinance in respect of injury to or disability or death of the workman as a result of an accident, neither the workman, any dependant of the workman. nor his legal personal representative has any right of action or claim against (

a) the employer by whom he was employed at the time of the accident, or (

b) any workman in the employment of such employer at the time of the accident, in respect of the'injury to or disability or death of the workman. except a claim under this Ordinance for compensation.

(2) Where a workman is injured, disabled or dies as a result of an Commencement accident in circumstances that give rise to a right of action of action by the workman, any dependant of the workman or his legal personal representative against any person, other than a person described in paragraph (

a) or (

b) of subsection Cl), the workman, his dependant or legal personal representative, as the case may be shall, not later than six months after (

a) the day of the accident, or (

b) if the workman dies as a result of the accident, the day on which he dies, either commence such action or claim compensation, and if he fails to do so, no person shall thereafter be entitled to make any claim under this Ordinance for compensation in respect of the injury, disability or death.

(3) Where the workman, a dependant of the workman or the workman's Approval of legal personal representative. as the case may be, commences Commissioner an action within the time required by subsection (2), no required for settlement of the action shall be made without the prior settlement written approval of the terms of the settlement by the Commi ss i oner.

(4) Where the amount received and collected by the workman, a Commissioner de~endant of the workman or his legal personal representative, to make up as the case may be, in an action commenced within the time deficiency required by subsection (2), or by a settlement of such action made after the written approval of the terms of the settlement by the Commissioner had been obtained, is less than the amount of compensation that would have been payable pursuant to this Ordinance in respect of the injury, disability or death if, in lieu of conmencementof the action, compensation has been claimed within the time required by subsection (2), the Commissioner is liable to pay as compensation only the amount by which the amount so recovered and collected is less than the amount that would have been payable as compensation if, in lieu of commencement of the action, compensation had been claimed within the time required by subsection (2).

(5) Where a workman is injured, disabled or dies as a result of an Subrogation accident in circumstances that give rise to a right of action of by the workman, a dependant of the workman or his legal personal Commissioner representative against any person, other than a person described in paragraph (

a) or (

b) of subsection (1), and the workman or a dependant of the workman, as the case may be, claims compensation pursuant to this Ordinance within the time required by subsection (2), the Commissioner, as of the day on which the claim for compensation is m~de, is subrogated to any such right of action against any such person, and the Commissioner may -32-

Workmen's Compensation Chp. 6 (

a) commence and carry on the action in his own name or in the name of the workman or the workman's dependants, and (

b) settle the right of action or any action commenced by him pursuant to paragraph (a).

(6) Where. by reason of an action or settlement referred to in Workman to subsection (5), the Commissioner becomes entitled to and receives receive an amount that exceeds the capitalized value of all amounts paid excess over or payable as compensation to the workman or his dependants in benefits respect of the injury. disability or death resulting from the accident out of which the cause of action arose, the amount of the excess. minus such costs as the Commissioner may approve, shall be paid to the workman. his dependants or his legal personal representative. as the case may be. upon the furni,h1ng to the Commissioner by the person or persons to whom it is to be paid of a release of the Commissioner from any claim for additional compensation in respect of the injury. disability or death. except from a claim for additional compensation based on circumstances that were not taken into account in computing the amount of any compensation previously awarded.

NOTICE OF ACCIDENT 17.

(1) Where a workman. employed by an employer to whom this Ordinance Notice to applies. other than a workman described in

section 5. is injured, employer disabled or dies as a result of an accident. the workman or. if of accident he dies as a result of the accident. a dependant of the workman shall. as soon as practicable after the accident occurs. give written notice of the accident to the employer of the workman.

(2) The written notice referred to in subsection (1) shall give the Contents name and address of the workman and of the person giving the of notice notice, and shall state the details and consequences of the accident and the place where it occurred.

(3) Failure to give written notice in accordance with subsections Failure to (1) and (2) is a bar to any claims for compensation under this give notice Ordinance in respect of the injury to, or disability or death a bar to of, the workman resulting from the accident unless the failure claim unless is excused by order of the Commissioner on the grounds that excused on (

a) notice in accordance with subsection (1) could not certain reasonably have been given in the circumstances; grounds (

b) the employer or his superintendent or agent in charge of the work where the accident occurred knew at the time it occurred, or should have known, of the injury, disability or death of the workman as a result of the accident; or (

c) the Commissioner" is of the opinion that the claim is a just one and ought not be be barred by this section. NOTICE OF CLAIM 18.

(1) No compensation is payable in respect of a claim unless notice of the claim is made to the Commissioner (

a) by the workman within twelve months of the day of the accident or. where the death of the workman results from the accident, by a dependant within twelve months of the day of such death; (

b) in the case of disability of a workman due to the contraction of a disease (other than silicosis) caused by the conditions in his place of employment, by the workman within twelve months of the day on which he was last exposed -33- Time limit for making claim

Workmen's Compensation Chp. 6 to such conditions prior to becoming disabled or, where the death of the workman results from the disease, by a dependant of the workman within twenty-four months of the day on which the workman was last so exposed; or (

c) in the case of disability of a workman due to the contraction of silicosis caused by the conditions in his place of employment. by the \~orkman within twelve months of the day on which he is found to be so disabled or, where the death of the workman results from silicosis, by a dependant of the workman within twelve months from the day of such death.

(2) Notwithstanding subsection 16(2) or subsection (1) of this section, where proof that a workman was injured, disabled or died as a result of an accident is filed with the Commissioner within three years after the day of the accident, the Commissioner or the referee, as the case may be, may award compensation to the workman or to dependants of the workman if (

a) notice of the accident was given in accordance with

section 17 or the failure to give such notice is excused by the Commissioner pursuant to that section, and (

b) in the opinion of the Commissioner or the referee, as the case may be, the claim is a just one and ought not to be barred by this section. REPORTS BY EMPLOYER AND ATTENDING MEDICAL PRACTITIONER 19.

(1) Every employer to whom this Ordinance applies who has knowledge or notice of the occurrence of an accident, or of the allegation of the occurrence of an accident, in which a workman of the employer was injured, shall, forthwith after he has such knowledge or notice, Notice of accident to Commissioner by employer Failure of employer to make report is an offence Special investigation of accident (2) (3) (

a) forward to the Commissioner written notification of the happening of the accident or of the allegation thereof, and (

b) forward a copy of the notice referred to in paragraph (

a) to the workman or, in the event of the workman's death, to a dependant of the workman, and, if the injured workman or the allegedly injured workman returns to his work or is able to return to his work, the employer shall forward to the Commissioner, within twenty-four hours after the fact of the return or ability to return comes to his knowledge, notification thereof, and shall make such further and other reports respecting the accident or alleged accident respecting the workman as may be required by the Commissioner.

Every employer who fails to make a report required by subsection (1), unless the failure is excused by the Commissioner on the ground that the report, for a reason considered by the Commissioner to be sufficient. could not have been made, commits a separate offence for each day that such failure continues after the expiration of three days following service upon him of a demand by the Commissioner for such report, and is liable, upon

summary conviction, to a penalty not exceeding five hundred dollars and costs for each offence, and in default of payment of the penalty to imprisonment for a period not exceeding six months in respect of one offence or twelve months in the aggregate. In any case where an employer fails to make a report required by subsection (1), the Commissioner may make a special investiglltion of the accident and of the facts and circumstances surrounding it. and may recover the cost of such investigation from the employer as a debt due to him from the employer. -54-

Workmen's Compensation Chp. 6 20.

(1) A medical practitioner who attends an injured workman shall forward to the Commissioner (

a) a report within two days after the date of his first attendance upon the workman, (

b) such reports from time-to-time as he considers necessary or as may be required by the Commissioner, and (

c) a report within three days after the workman is, in his opinion, able to resume work.

(2) The medical practitioner shall also, without charge to the workman, give all reasonable and necessary information, advice and assistance to the injured workman and his dependants in . making application for compensation and proofs as are required.

(3) Upon the written request of the employer of an injured workman, the Commissioner shall provide the employer with a report of the progress being made by the workman.

(4) Payment of the account of a medical practitioner for services rendered to a workman who is injured in an accident does not of itself constitute the making of a claim for compensation by the workman or the acceptance by the Commissioner of a claim for compensation by the workman. MEDICAL EXAMINATION OR INVESTIGATION 21.

(1) A workman who claims compensation or to whom compensation is payable under this Ordinance shall submit himself for medical examination or investigation in such manner and at such time as the Commissioner or the referee may require.

(2) If a workman does not submit himself for medical examination or investigation as required by the Commissioner or the referee, or if he in any way obstructs such examination or investigation (

a) his right to compensation or, if he is in receipt of a periodical payment, his right thereto, is suspended until the examination or investigation has taken place, and (

b) the condition found upon such examination or investigation shall, unless the Commissioner or the referee otherwise directs, be deemed to have been the condition of the workman in relation to his disability, at the time for which the examination or investigation was called.

(3) Where a workman claims compensation under this Ordinance the Commissioner or the referee may approve of any medical examination or investigation already carried out upon reports being submitted satisfactory for the purpose, and in either case the Commissioner may pay the costs of such medical examination or investigation, and the Commissioner may make payments to the workman, which shall be computed on the same basis as compensation, for the period determined by the Commissioner or the referee as being necessary for the purpose of the examination or investigation. 22.

(1) Where a workman alleges that (

a) he has a greater disability than that which he has been found to have, (

b) he has a right to continuation of compensation beyond the period for which compensation has been awarded, -35- Payment not to constitute making of claim Medical examination or investigation of workman Failure to submit to examination or investigation Medical examination or investigation expresses Nomination of medical practitioner

Two elected Workmen's Compensation Chp. ·6. (

c) an error. relating to his physical condition. was made in some feature or circumstance of the determination of his claim. or (

d) the medical opinion upon which the determination of his claim was made is erroneous. and makes a request in writing to the Commissioner for examination pursuant to the provisions of this section. the Commissioner shall refer the claim to the referee who. after consultation with the workman's attending medical practitioner. if any. may nominate four or more duly qualified medical practiti oners.

(2) From the medical practitioners nominated pursuant to subsection (1). two shall be selected in the following manner: (

a) the referee shall notify the workman and the employer by registered mail of the names and addresses of the medical practitioners nominated and the workman and the employer may each select one medical practitioner from those so nominated. such selection to be made and communicated in writing to the referee within thirty days after the mailing of the notice by the referee; (

b) if either the workman or the employer fails to make a selection within the time provided or if both select the same medical practitioner. the referee shall select one other medical practitioner from those nominated; or (

c) if both the workman and the employer fail to make a selection within the time provided, the referee shall select two medical practitioners from those nominated.

(3) The two medical practitioners selected pursuant to subsection Examination (2) shall examine the workman and certify to the referee with of workman respect to (

a) the condition of the workman; (

b) his fitness for employment; (

c) if he is unfit for employment, the cause of such unfitness; (

d) the extent of his temporary or permanent disability by reason of the injury in respect of which he has claimed compensation; and (

e) such other matters as may in their opinion or in the opinion of the referee be pertinent to the claim.

(4) If after examining the workman the two medical practitioners Selection of are unable to agree on the matters in respect of which their third certificate is required. they shall select a third medical practitioner practitioner from the list of those nominated pursuant to if subsection (1). or if they are unable to agree on a third disagreement medical practitioner. a third shall be selected by the referee from such list and the three medical practitioners shall examine the workman and the majority of them shall certify to the referee with respect to the matters set out in subsection (3). Certificate

(5) A certificate given pursuant to subsection (3) or (4) is conclusive conclusive as to the matters certified therein, unless the referee at any time directs otherwise. Referee may require examination

(6) The referee may of his own motion or at the request of the employer require a workman to be examined under the provisions of this

section and, where he so requires. the referee shall -36-

Workmen's Compensation Chp. 6 (

a) nominate four or more duly qualified medical practitioners. and (

b) notify. in writing. the wor~an and the employer of the medical practitioners so nominated. and thereafter the provisions of subsections (2) to (4) shall apply in respect of the examination. GENERAL PROVISIONS WITH RESPECT TO COMPENSATION 23.

(1) Subject to subsection (2). where a workman to whom compensation is payable leaves Canada. he shall not thereafter be entitled to receive compensation until permission to reside outside of Canada is given by the Commissioner.

(2) Where a wor~an 1s entitled to periodic payments of compensation and in the opinion of the Conunissioner the disability in respect of which the compensation is payable to the workman is likely to be permanent. the workman shall. if the Commissioner so directs. be paid any periodic payments of compensation that accrue to him while he is resident outside of Canada. if he proves. from time-to-time, in such manner as the Conunissioner may require. (

a) his identity, and (

b) continuance of disability. 24.

(1) Where an injured workman (

a) without prior authorization from th~ Commissioner, changes medical practitioner. except where he is referred by the original attending medical practitioner to another medical practitioner, (

b) persists in insanitary or other practices injurious to him that tend to imperil or retard his recovery, or (

c) refuses to submit such medical or surgical treatment as the Commissioner considers is reasonably essential to his recovery. the Commissioner may reduce the amount or suspend payment of compensation to the workman. 25.

(1) Where, in the opinion of the Commissioner. it is in the best interests of an injured workman. in order to cure him of or give him relief from the effects of the injury, that he undergo a special surgical operation or other special medical treatment, the Commissioner has the right to provide such surgical operation or other special medical treatment.

(2) Where the Commissioner is of the opinion that the injury would be alleviated to an appreciable extent by any apparatus usually provided in such cases. he shall supply such apparatus to the workman. but any such action shall not in any way affect the payments made to the workman.

(3) To aid in getting injured workmen back to work or in lessening or removing any handicap resulting from their injuries. the Commissioner may take such measures and make such expenditures as he deems necessary or expedient.

(4) The Commissioner shall provide for the repair. maintenance or renewal of any apparatus provided by him and that becomes in need of repair, maintenance or renewal by reason of accident or ordinary wear and tear and through no misconduct on the part of the workman. so long as the disability in respect of which such apparatus was supplied continues. -37- Workman leaving Canada Idem Reduc tion or suspension of compensation in certain cases· Special surgical or medical treatment or apparatus Repair and renewal of special apparatus

Repair or renewal of dentures, eyeglasses etc. Autopsy Report of death by hospital authority Replacement of clothing Idem (5) (6) (7) (8)

(9) Wopkmen's CompensatiOn Chp. 6 The Commissioner has authority to assume the expense of replacement or repair of dentures, eyeglasses, artif1c1.l eyes or limbs or hearing aids, broken as a result of an accident arising out of and in the course of the employment of the workman. If an autopsy is deemed by the Commissioner to be necessary to assist in determining the cause of death, the Commissioner may direct that the autopsy be performed within a time to be fixed by him, and if the dependant or dependants refuse to permit the autopsy, the Commissioner may reject any claim for compensation under this 'Ordinance.

Where a workman is confi ned to a hospi ta 1 as a result of an injury received in an accident arising out of and in the course of his employment, and dies while so confined, the hospital authority shall report the death, immediately after it occurs, to the Commissioner. The Commissioner may, on the application of a workman, assume the cost of replacement or repair of any

article of his clothing destroyed or damaged as a result of an accident in respect of which he is entitled to compensation. The Commissioner may, on the application of a workman, pay an allowance (

a) not exceeding one hundred dollars a year for the replace ment or repair of clothing worn or damaged by reason of the wearing of a lower limb prosthesis supplied by the Commissioner, and (

b) not exceeding fifty dollars a year for the replacement or repair of clothing worn or damaged by reason of the wearing of an upper limb prosthesis supplied by the Commissioner. Review 0 f 26.

(1) Where an amount is payable periodically to a workman as compensation, the payment thereof may be reviewed at any time by the referee at the request of the workman or the workman's employer and, on the review, the referee may compensation Commissioner to notify interested parties Advance payments No compen sation while confined to prison (2) (

a) reduce the amount of compensation payable, (

b) terminate the payment of compensation, Or (

c) increase the amount of compensation payable to an amount not exceeding the maximum provided by this Ordinance. Where a review is requested pursuant to subsection (1), the referee shall forthwith notify the Commissioner of the request, and the Commissioner shall forthwith notify all parties interested in the review, other than the party requesting it, of the request.

(3) Where the Commissioner makes periodic payments of compensation to a person and is of the opinion that the interests or pressing needs of the person so warrant, he may advance to the person any number of such payments not then due as in his opinion the circumstances warrant, and any payment so advanced shall be deemed to be on account of and in satisfaction of the payment so advanced.

(4) Where any person to whom compensation is payable pursuant to this Ordinance is committed to a prison, gaol or lockup, compensation ceases to be payable to him for the period of his confinement therein, but the whole or any part of the compensation that would but for this subsection have been payable to such person during the period of his confinement therein, shall, as the Commissioner so directs, be paid to one or more dependants of such person. -38-

(5) (6) 27.(1) 28. (l) (2) (3) 29. (1) 30.

(1) Workmen's Compensation Chp. 6 Where any person to whom compensation is payable pursuant to this Ordinance is committed to an institution other than a prison, gaol or lockup, the compensation payable to such person while he is confined in the institution, shall, as the Commi ss i oner so di rects and in 1 i eu of payment thereof to such person, be paid to one or more of his dependants.

The Commissioner may, from time-to-time, require from a person receiving compensation, particulars of his place of residence and his mailing address and such other information as may be prescribed, and pending the receipt of such particulars or information, may withhold payment of compensation.

Where any person who has been committed to a prison, goal or lockup becomes entitled to workmen's compensation payments because of a work release program or other circumstances, the Commissioner may direct that during the period of confinement the compensation be payable to one or more dependants of such person or that the compensation be payable to the Territory.

Where compensation is payable in respect of partial disability of a workman and the disability has not impaired by more than ten percent the work capacity enjoyed by the workman immediately before the accident, the Commissioner may pay to the workman ,a lump sum in lieu of periodic payments of compensation.

Where compensation is payable in respect of partial or total disability of a workman and the disability has impaired by more then ten percent the work capacity enjoyed by the workman immediately before the accident, periodic payments of compensation may be commuted to a lump sum payment at the written request of the workman. Where a lump sum payment has been made to a workman pursuant to this

section as a settlement in full of all compensation payable to him in respect of the disability and has been so accepted by him in writing, the workman is not thereafter entitled to be paid any further or other compensation in respect of the disability, other than the benefits provided by subsection 25(1). Where a workman is entitled to compensation and it appears to the Commissioner (

a) that a dependant of the workman resident in the Territory is without adequate means of support and is likely to become a public charge or a charge upon private charity, or (

b) that a dependant of the workman residing out of the Territory is not being supported by the workman and that - an order has been made against him by a court of competent jurisdiction for the support or maintenance of the dependant or for alimony the Commissioner may, in lieu of payment of compensation to the workman, pay such compensation to or for the benefit of such dependant. DETERMINATION OF AMOUNT OF COMPENSATION FOR DEPENDANTS Where a workman dies as a result of an accident, the comp~nsation and the amount thereof payable are (

a) the necessary expenses of the burial of the workman not exceeding six hundred dollars; -39- Payment where person colllll1itted to institution Payment with held pending receipt of information Work release program Lump sum payment Idem Idem Workman's compensation may be diverted to dependant Compensation to dependants IoIhere workman dies

workmen's Compensation Chp. 6 (

b) five hundred twenty-five dollars to a dependant widow or widower as a contribution to the expense incurred by such person because of the death of the workman; (

c) where the death occurred away from the workman's usual place of residence and transportation of the workman's body to his usual place of residence is desi~able, the necessary expenses of such transportation, not exceeding one hundred five dollars; (

d) to a dependant widow or widower, a monthly payment of one hundred seventy dollars; (

e) to a dependant child under the age of sixteen years, other than a dependant inva 1 id chil d, a monthly payment of fifty-five dollars to continue until the child attains the age of sixteen years or dies before attaining that age; . (

f) to a dependant invalid child of any age, monthly payments of seventy dollars, the payment to be continued for as long as, in the opinion of the referee, it might reasonably have been expected that had the workman lived he would have continued to contribute to the support of the child; (

g) to a dependant chit d who is sixteen or seventeen years of age, such amount as the referee would have ordered pursuant to subsection 32(1) be continued to be paid to the child had he been approaching the age of sixteen years on the day of the workman's death; (

h) where the workman leaves no surviving spouse or the surviving spouse of the workman dies or is confined to a prison, gaol, lockup or other institution, to (

i) a dependant child who has not yet attained the age of eighteen years, and (ii) a dependant invalid child of any age, a monthly amount, not exceeding ten dollars per month but additional to any amount to which the child is entitled by reason of any preceding paragraph, as in the discretion of the referee appears necessary adequately to maintain and support such child; (

i) to a dependant widow or widower who is in necessitous circumstances because of illness, such monthly amount, not exceeding fifteen dollars per month but additional to any amount to which the widow or widower is entitled by reason of any preceding paragraph, as to the referee seems appropriate. in view of the nature of the illness; and (

j) to a dependant child who is ill or to a dependant invalid child, such additional monthly amount, not exceeding fifteen dollars per month but additional to any amount to which the child is entitled by reason of any preceding paragraph, as the referee may deem fit, payable for such period as to the referee seems appropriate in view of the child's condition. (2) (

a) For the purposes of this subsection, "existing household" in respect of a workman who dies means a household wherein all of the children entitled to compensation at the time of his death are, at that time, maintained and cared for by one person who is either the parent or foster parent of each child. (

b) A person shall be deemed not to be acting as a foster parent within the meaning of this subsection where none of the children of the deceased workman who constituted his household is entitled to compensation. -40-

Workmen's Compensation Chp. 6 \ (

c) Where it appears to the referee to be desirable to continue the existing household of a deceased workman who has died leaving no surviving spouse, or the household of the surviving spouse of a deceased workman who has subsequently died, a person acting as foster parent, while so acting in a manner satisfactory to the referee in keeping up the household and maintaining and caring for the children who are entitled to compensation, may be paid an amount of compensation equal to the compensation that would be paid to the surviving spouse of a deceased workman. 31.

(1) Where a workman who dies leaving no dependant wife (

a) cohabited for the three years immediately preceding his death with a woman who was dependent on him for her maintenance and support, or (

b) cohabited immediately preceding his death with a woman who was dependant on him for her maintenance and support and by whom he has one or more children, the compensation to which a dependant wife of the workma'n would have been entitled under this Ordinance may be paid to the woman who was dependant on him for maintenance and support until she marries or commences to cohabit with a man.

(2) A person who receives or is eligible to receive compensation pursuant to subsection (1) is not entitled to receive any compensation pursuant to paragraph 30(2)(c). 32.

(1) Where a dependant child of a workman who is receiving benefit under paragraph 30(l)(

e) is (

a) approaching the age of sixteen years, (

b) attending an academic, technical or vocational school and making progress at the school satisfactory to the referee, and (

c) receiving payments of compensation or for whose benefit payments of compensation are being made, the referee may, in his discretion, order that payments of compensation be continued until the dependant child (

d) fails to make progress at any such school satisfactory to the referee, (

e) no longer attends any such school, or (

f) attains the age of eighteen years, whichever occurs first. Compensation payable to a woman dependant on a workman Idem Extended period of compensation for child attending school

(2) Where a dependant child who is recelvlng payments pursuant to Idem paragraph 30(1)(

f) or subsection (1) or for whose benefit such payments are being made, attains the age of eighteen years during a school year, the referee may order that payments be continued to the end of the school year. 33.

(1) Where the only dependants of a workman who dies as a result of Compensation an accident are persons other than those to whom compensation for other is payable pursuant to subsections 30(1),31(1) and 32(1), any dependants such dependant is entitled to be paid compensation in a reasonable amount, to be determined by the referee, that takes into account the pecuniary loss to the dependant caused by the workman's death, but not so as to exceed (

a) one hundred fifty dollars per month for one dependant parent, or (

b) a total of two hundred fifty dollars per month for two dependant parents. -41-

Lump sum payable on remarriage Only one pension payable 34. (1) 35. (1 ) 36.

(1) Dependant not resident in Canada Workmen's Compensation Chp. 6 A dependant widow or widower who is receiving monthly payments of compensation shall be paid a lump sum of two thousand six hundred twenty-five dollars on remarriage, but shall not be entitled to any further monthly payments of compensation after the payment for the month in which the remarriage takes place.

Where a person is being paid or is entitled to be paid monthly payments of compensation in respect of the death of a workman and subsequently becomes entitled to be paid monthly payments of compensation in respect of the death of another workman, the person shall be paid only the greater of the monthly payments that he is entitled to be paid.

Notwithstanding any provision of this Ordinance except subsection (2), a dependant who is resident outside of Canada is not entitled to any compensation unless, by the law of the place in which he resides, dependants of a workman to whom an accident happens in that country would, if . r.esident in Canada. be entitled to compensation under that law; and where dependants would be so entitled, the dependant who is resident out of Canada shall not be paid compensation pursuant to this Ordinance in an amount greater than the amount payable in a like case under the law of the place in which he resides.

(2) Where a dependant of a workman who dies as a result of an Idem accident is resident outside of Canada in circumstances that would disentitle him to any compensation pursuant to this Ordinance, the referee may order that monthly payments or a lump sum payment of compensation be made, Payments to parent or other person for child 37. (1) 38. (1 ) Compensation for permanent total disability 39.

(1) Compensation for permanent partial disability in an amount that the referee considers just but not exceeding the amount to which the dependant would be entitled pursuant to this Ordinance were he resident in Canada, to such dependant. PAYMENTS TO OR FOR A CHILD Compensation payable to a child shall be paid to a parent of the child or, if the referee so directs, shall be paid to the child or to another person for the benefit of the child or shall be applied for the benefit of the child in such manner as the referee directs.

DETERMINATION OF AMOUNT OF COMPENSATION FOR A WORKMAN Where a workman is entltled to compensation because of an accident that causes permanent total disability, he shall be paid each week for so long as he lives, an amount to be determined by the referee, equal to seventy-five percent of the average weekly earnings of workmen employed at work similar to that at which and in the same occupation as the workman was employed immediately before the accident that caused his permanent total disability.

Hhere a workman is entitled to compensation because of an accident that causes permanent partial disability, he shall be paid each week for so long as he lives a percentage of the amount to which he would have been entitled under

section 38 had he suffered permanent total disability as a result of the accident, equal to the percentage impairment of his earning capacity as estimated b~ the referee in accordance with subsections (2) and (3). -42-

WorkmeniR Compensation Chp.6

(2) For the purposes of subsection (l), lithe percentage impairment of earning capacity" of a workman who suffers permanent partial disability as a result of an accident is the extent, estimated by the referee as a percentage after taking into account the nature and degree of the disability, to which the disability has impaired the earning

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1973
Type	statute
Volume / chapter	1973
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	b8b56f91b6d065550cdf3ec0cc1eba7d4095da8b

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