Statutes of the Yukon Passed By The Legislature Of The Yukon Territory In The Year 1988 In The Fifth Session Of The Twenty-Sixth Legislative Assembly Published by The Queen's Printer for the Yukon Territory

BILL NO. 22 31 4 88 90 10 5 60 101 21 70 71 7 55 21 59 81 37 16 66 77 95 16 50 11 31 TABLE OF CONTENTS STATUTES OF THE YUKON, 1988

CHAPTER NO. TITLE PAGE 1 Arts Centre Act 1 2 Cabinet and Caucus Employees Act 5 3 College Act 9 4 Dawson City Utilities Replacement Act,

An Act to Amend the 15 5 Elections Act,

An Act to Amend the 17 6 Financial Agreement Act 19 7 First Appropriation Act, 1988-89 21 8 Fourth Appropriation Act, 1987-88 27 9 Highways Act,

An Act to Amend the 31 10 Insurance Act,

An Act to Amend the 33 11 Interim Supply Appropriation Act, 1988-89 37 12 Interim Supply Appropriation Act, 1988-89 (No. 2) 39 13 Languages Act 41 14 Legal Services Society Act,

An Act to Amend the 45 15 Liquor Act,

An Act to Amend the 47 16 Loan Agreement Act (1987) 53 17 Miscellaneous Statute Law Amendment Act, 1988 55 18 Motor Transport Act 57 19 Motor Vehicles Act,

An Act to Amend the 69 20 Municipal Act,

An Act to Amend the 71 21 Municipal Finance ACl,

An Act to Amend the 75 22 Occupational Health <Ind Safety Act, An Aet to Amend the 77 23 Private Investigators and Security Guards Act 79 24 Second Appropriation Act, 1988-89 87 25 Territorial Court Act,

An Act to Amend the 93 26 Torture Prohibition Act 95 Table of Public Statulc~

CHAPTER 1 ARTS CENTRE ACT CHAPTERl (STATUTES OF THE YUKON, 1988) ARTS CENTRE ACT (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: Yukon Arts Centre Corporation established 1. There is hereby established a corporation to be known as the Yukon Arts Centre Cor­ poration consisting of the board of directors who shall be appointed in accordance with sec­ tion 4 and who shall manage the work of the corporation. Objects and powers of the corporation 2.

(1) The objects of the corporation are to carry out programs for the presentation and development of the fine arts at the Yukon Arts Centre and to help other arts groups and the Government of the Yukon in the development of those arts elsewhere in the Yukon.

(2) For the attainment of its objects, but without limiting the generality of subsection (1), the corporation may son. (

a) arrange, sponsor, and conduct presentations of the line arts at the Yukon Arts Centre and at other places in the Yukon in conjunction with presenta­ tions at the Centre; (

b) encourage and assist the development of the fine arts in the Yukon.

(3) For the attainment of its objects the corporation has the capacities of a natural per-

(4) The corporation may not have capital divided into shares, may not declare a dividend, and may not distribute its assets among its members, and if the corporation makes a profit on any of its activities it shall use the profit for the attainment of its objects.

(5) The corporation shall be deemed to be a charitable organization.

(6) The Financial Administration Act does not apply to the corporation. Equitable availability of Centre 3.

(1) The corporation shall deal equitably with all arts groups in the Yukon when deter­ mining what use they may make of the Yukon Arts Centre.

(2) The corporation shall make the Yukon Arts Centre available on equitable terms for reasonable use by Yukon College and by the Government of the Yukon. 1

ARTS CENTRE ACT

CHAPTER 1 Appointment of board of directors 4.

(1) The board of directors shall consist of not more than 12 members who shall be ap­ pointed by the Executive Council Member, three of them to be chosen at the sole discretion of the Executive Council Member and the remainder of them to be chosen after consultation with groups promoting the fine arts in the Yukon and with a view to achieving adequate rep­ resentation of those groups and their audiences.

(2) Members of the board shall be appointed to serve terms not exceeding three years and may be reappointed for further terms.

(3) A member of the board who has served two consecutive terms is not eligible for reap­ pointment during the 12 months following expiration of the second term.

(4) Vacancy in the membership of the board does not impair the capacity of the remain­ ing members to act.

(5) The members of the board may designate one of their number to be the chair of the board and one or more others to be the vice-chair and may establish what shall be the func­ tions of the chair and vice-chair.

(6) Of the first 12 members to be appointed to the board, three shall be appointed for a term of three years, three shall be appointed for a term of two years, and three shall be ap­ pointed for a term of one year. Executive director of the corporation 5.

(1) There shall be an executive director of the Yukon Arts Centre Corporation who shall be appointed by the board of directors.

(2) The executive director is the chief executive officer of the corporation and, working under the supervision of the board of directors, has the supervision and direction of the work and the staff of the corporation. Officers, employees, and advisers 6. The corporation may employ officers and employees and contract for the provision of services for the conduct of the work of t he corporation. Bylaws of Corporation 7.

(1) The board of directors may make bylaws (

a) for the regulation of its proceedings, including the establishment of commit­ tees of the board, the delegation of powers of the board to such commiLLees, and the rLXing of quorums for meetings of the board and its commilLees; (

b) respecting the powers and duties of officers, employees, and other agents of the corporation; (

c) prescribing the remuneration and travelling and living expenses to be paid to employees of the corporation and establishing the employees' other con­ ditions and benefits of employment; (

d) ftxing the remuneration and travelling and living expenses to be paid to mem­ bers of the board; 2

CHAPTER 1 ARTS CENTRE ACT (

e) generally, for the conduct and management of the work of the corporation.

(2) A bylaw under subsection (1) is not a regulation within the meaning of the Regula­ tions Act. Provision of Yukon Arts Centre 8.

(1) The Government ofthe Yukon may provide and maintain a Yukon Arts Centre for the use of the corporation in the pursuit of its objects.

(2) The Executive Council Member may make grants to the corporation to assist in the attainment of its objects. Contracts with Government of the Yukon 9. The Executive Council Member may make contracts with the corporation. Relationship to Government of the Yukon 10. Except to the extent an agency is created by a contract under

section 9, the corpora­ tion is not an agent of the Government of the Yukon. Audit of Corporation 11. The accounts and financial transactions of the corporation shall be audited at least annually by an auditor appointed by the board of directors. Report to Executive Council Member 12.

(1) The fiscal year of the corporation shall end on March 31.

(2) The corporation shall, within six months after the end of each fiscal year, deliver to the Executive Council Member a report on the work of the corporation for that fiscal year, the report to include the financial statement of the corporation and the auditor's report.

(3) The Executive Council Member shall lay a copy of the report before the Legislature as soon as practicable. Appointment of administrator 13.

(1) If the board of directors fail to manage the work of the corporation, the Execu­ tive Council Member may appoint an administrator to replace the board and manage the work of the corporation until a newly constituted board can resume the management.

(2) The administrator shall have all the powers and duties of the board of directors. 3

CHAPTER 2 CABINET AND CAUCUS EMPLOYEES ACT

CHAPTER 2 (STATUTES OF THE YUKON, 1988) CABINET AND CAUCUS EMPLOYEES ACT (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: Purpose or Act 1. The purpose of this Act is to authorize the Government Leader and the leader in the Legislature of each opposition party to employ persons at the expense of the Government of the Yukon to assist members of the Executive Council and of the caucus of the government party and of each opposition party in the attainment of their objects. PART! EMPLOYEES FOR EXECUTIVE COUNCIL MEMBERS Establishment or positions 2.

(1) The Commissioner in Executive Council may establish positions to be occupied by persons employed to assist members of the Executive Council by performing executive, ad­ ministrative, clerical, research, or advisory functions.

(2) The positions shall be classified and shall have pay scales assigned to them in con­ formity with the same criteria that would be applied if the positions were established in the public service under the Public Service Act. Appointment or employees 3. The Government Leader has the authority to appoint persons to and dismiss them from positions established under

section 2; the persons appointed to those positions are ac­ countable to and serve at the pleasure of the Government Leader but shall work under the direction of the member of the Executive Council to whom the Government Leader assigns them. Contracts or employment 4. Subject to regulations under

section 5, the Government Leader may (

a) make the contract of employment with and determine the duties, remunera­ tion, benefits, and conditions of employment for persons employed under this Part; (

b) make and determine the terms of contracts of employment under which per­ sons are employed under this Part otherwise than by appointment to a posi­ tion. 5

CABINET AND CAUCUS EMPLOYEES ACT

CHAPTER 2 Regulations 5. The Commissioner in Executive Council may make regulations (

a) in relation to the duties of persons employed under this Part; (

b) in relation to the remuneration to be paid to persons employed under this Part and their other benefits and conditions of employment; (

c) generally, for the implementation of this Part.

PART 2 EMPLOYEES FOR PARTY CAUCUSES Establishment of positions 6.

(1) The Members Services Board of the Legislature may (

a) establish positions to be allocated to the parties and to be occupied by per­ sons employed to assist members of the Legislature by performing executive, administrative, clerical, research, or advisory functions, and (

b) from money appropriated for the purpose, allocate money to the parties for employing such persons otherwise than by appointing them to positions.

(2) The positions shall be classified and shall have pay scales assigned to them in con­ formity with the same criteria that would be applied if the positions were established in the public service under the Public Service Act. Appointment of employees 7. The leader of the party has the authority to appoint persons to and dismiss them from the positions which are established under

section 6 and allocated to the party; the persons ap­ pointed to those positions are accountable to and serve during the pleasure of the leader of the party. Contracts of employment 8.

(1) Subject to policies established by the Members Services Board under

section 9, the leader of each party may make the contract of employment with and determine the duties, remuneration, benefits, and conditions of employment for persons appointed to a position by the leader under this Part.

(2) Subject to there being an allocation of money by the Members Services Board under

section 9, the leader of each party may make and determine the terms of contracts of employ­ ment under which persons are employed under this Part otherwise than by appointment to a position. Policies of Members Services Hoard 9. The Members Services Board may (

a) allocate positions established under this Part, (

b) allocate the money appropriated for the purposes of this Part; 6

CHAPTER 2 CABINET AND CAUCUS EMPLOYEES ACT (

c) establish policies concerning the remuneration to be paid to persons employed in positions under this Part and their other benefits and conditions of employment.

PART 3 MISCELLANEOUS PROVISIONS Status of employees 10.

(1) The Public Service Act, the Public Service Staff Relations Act, and

Part 6 of the School Act do not apply to persons employed in positions under this Act, nor to the positions they occupy.

(2) A person may not simultaneously be employed under this Act and be an employee within the meaning of the Public Service Act or a teacher within the meaning of the School Act. Contract administration 11.

(1) For the purposes of the Financial Administration Act, (

a) a person who this Act authorizes to make a contract shall be deemed to be a public officer with authority to enter into the contract, (

b) the deputy head shall (

i) in the case of contracts under

Part 1, be the deputy head responsible for the Executive Council Office, and (ii) in the case of contracts under

Part 2, be the Clerk of the Legislative Assembly. (2) Subsection (1) applies notwithstanding the Financial Administration Act. Portability of benefits 12.

(1) For the purposes of the Public Servants Superannuation Act, employment in a position under this Act shall be deemed to be employment in the public service.

(2) A person who is appointed to a position under this Act within three months of leav­ ing their employment under the Public Service Act or the School Act may retain and use during their employment under this Act the benefits that accrued to them during their employment under the Public Service Act or the School Act instead of taking a pay-out of the value of those benefits.

(3) A person who is appointed to a position under the Public Service Act or the School Act within three months of leaving their employment under this Act may retain and use during their employment under the Public Service Act or the School Act the benefits that accrued to them during their employment under this Act instead of taking a pay-out of the value of those benefits.

Definitions 13. In this Act, the expressions "Government Leader", "leader of a party", "member", and "party" each have the same meaning as in the Legislative Assembly Act. 7

9HAPTER3 COLLEGE ACT

CHAPTER 3 (STATUTES OF THE YUKON, 1988) COLLEGE ACT (Assented to May 18, 1988)

Whereas the government should provide all Yukoners with the opportunity and means to advance their education so as to achieve their potential; And

whereas there should be established institutions and procedures for community control of education facilities and systems; And

whereas it is important to respect and enhance the multi-cultural heritage of Yukoners when providing education facilities and systems The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: Yukon College established 1. There is hereby established a corporation to be known as the Yukon College consist­ ing of the board of governors which shall be appointed in accordance with

section 4. Objects of the College 2. The objects of the College are to provide educational programs and activities to meet the needs of people in the Yukon. Powers of the College 3_(1) For attaining its objects the College may (

a) establish and implement policies concerning the organization, administra- tion, and operation of the College; (

b) establish and maintain Community Campuses; (

c) authorize and provide courses of study and other educational activities; (

d) undertake research activities; (

c) establish admission requirements for students; (

f) set fees for services, materials, or facilities provided by the College; (

g) establish and administer programs for awarding scholarships, bursaries, and other financial assistance to students; (

h) generally do such other things as are necessary to attain its objects.

(2) Fees set under paragraph (l)(

f) in respect of courses which the College recognizes as credit towards a degree, diploma, or certificate conferred by the College shall not be estab­ lished until approved by the Executive Council Member.

(3) For the attainment of its objects the College has the capacities of a natural person. 9

COLLEGE ACT

CHAPTER 3

(4) In respect of the following matters the College shall establish and follow procedures which are not inconsistent with the procedures followed by the Government of the Yukon: (

a) the making of contracts; (

b) the making of payments for the performance of contracts; (

c) the disposition of assets.

(5) If the College makes a profit on any of its activities it shall use the profit for thc at­ tainment of its objects.

(6) The College is a charitable organization. Appointment of board of governors 4.

(1) The board of governors shall govern the activities and programs of the College and shall consist of 12 members of whom one shall be the president of the College and the remainder shall be persons who shall be appointed by the Commissioner in Executive Coun­ cil so as to achieve on the board equitable representation of the diversity of educational groups and interests in the Yukon and of whom (

a) at least three shall be chosen from people nominated by at least one Indian band in the Yukon, (

b) at least three shall be chosen from people who are members of and have been nominated by a Community Campus Committee, (

c) one shall be a student of the College and shall be chosen from people nominated by students of the College, (

d) one shall be an employee of the College and shall be chosen from people nominated by the employees of the College.

(2) Members of the board shall be appointed to serve terms not exceeding three years and may be reappointed for further terms.

(3) Vacancy in the membership of the board does not impair the capacity of the remain­ ing members to act.

(4) The Commissioner in Executive Council shall designate one of the members of the board to be the chair.

(5) The members of the board may designate one or more of their number to be the vice­ chair of the board.

(6) The Commissioner in Executive Council may prescribe what remuneration and travelling expenses shall be paid to members of the board.

(7) A member of the board of governors ceases to be a member of the board where (

a) having been appointed because of being a member and nominee of a Com­ munity Campus Committee, the member ceases to be a member of the Com­ munity Campus Committee that made the nomination, (

b) having been appointed because of being a nominee of the students of the College, the member ceases to be a student of the College, 10

CHAPTER 3 COLLEGE ACT (

c) having been appointed because of being a nominee of the employees of the College, the member ceases to be an employee of the College.

(8) If a group fails to make the nominations which it is entitled to make under subsec­ lion (1), the Commissioner in Executive Council may appoint persons who are nominated by the Executive Council Member instead of by the group in question. Powers of the board 5.

(1) The board of governors may make bylaws (

a) for the regulation of its proceedings, including the establishment of commit­ tees of the board, the delegation of powers of the board to such committees, and the fixing of quorums for meetings of the board and its committees; (

b) respecting the powers and duties of officers, employees, and other agents of the College; (

c) prescribing the remuneration and travelling expenses to be paid to employees of the College and establishing the employees' other conditions and benefits of employment; (

d) prescribing the remuneration and travelling expenses to be paid to members of the Program Advisory Council and the Community Campus Committees; (

e) generally, for the conduct and management of the operations of the College.

(2) A bylaw of the College under subsection (1) is not a regulation within the meaning of the Regulations Act.

(3) The College shall deliver a copy of each bylaw made under subsection (1) to the Ex­ ecutive Council Member forthwith after the bylaw is made and shall provide a copy to any per­ son who requests one. President and other employees and advisors of the College 6.

(1) There shall be a president of the College who shall be appointed by the board of governors for such term and upon such condilions as the board determines to be appropriate.

(2) The president is the chief executive officer of the College and, working under the direclion of the board, shall supervise and manage the programs, activities, and staff of the College.

(3) The College may employ officers and other employees and may contract to have ser­ vices performed for the conduct of the programs and activities of the College. Appointment and function of Program Advisory Council 7.

(1) There shall be a Program Advisory Council whose function shall be to advise the board of governors on the training needs of people in the Yukon and on programs of the Col­ lege.

(2) The Program Advisory Council shall be composed of the following members: (

a) the president of the College, or a person nominated by the president; (

b) the chair of each CommunilY Campus Committee, or a member of the Com­ munity Campus Committee nominated by the chair; 11

COLLEGE ACT

CHAPTER 3 (

c) a student nominated by an association that represents the majority of stu­ dents of the college; (

d) one member of the academic staff nominated by the academic staff; (

e) no fewer than five and no more than 10 persons nominated by the board of governors so as to achieve on the council equitable representation of the diversity of educational groups and interests in the Yukon.

(3) The board of governors shall appoint one of the members of the Council as the chair and one or more members as vice-chair. Appointment and runction or the Community Campus Committees 8.

(1) For each Community Campus there shall be a Community Campus Committee whose functions shall be (

a) to advise the board of governors on the programs and activities of the Com­ munity Campus, with particular reference to the needs of the community served by the Campus, (

b) to approve the expenditure of money allocated to the Committee by the board of governors for the provision of local training courses, and (

c) to participate in the hiring of the staff at the Campus of that Committee.

(2) Each Community Campus Committee shall consist of no more than 10 persons elected or appointed from the Community Campus Area.

(3) The Commissioner in Executive Council may prescribe a Community Campus Area for each Community Campus and may make regulations to establish rules and procedures governing (

a) the election and appointment of members of Community Campus Commit­ tees; (

b) the performance of the functions of Community Campus Committees. Obligation or board or governors to consult 9. The board of governors shall consult with and consider the advice of the Program Ad­ visory Council and the Community Campus Committees. Government grants 10. The Executive Council Member may supply property and make grants for the Col­ lege to use in the pursuit of its objects. Investment or money by College 11. The College may invest money in any of the following, but not otherwise, (

a) securities that are obligations of or guaranteed by Canada or a province; (

b) fIXed deposits, notes, certilicates, and other short term paper of or guaran­ teed by a bank listed in

Schedule A to the Bank Act (Canada), which may include swapped deposit transactions in currency of the United States. 12

CHAPTER 3 COLLEGE ACT Relationship to Government of the Yukon 12. The College is not an institution of the Government of the Yukon and, except to the extent an agency relationship is created by a contract with the Government, the College is not an agent of the Government. Application of Human Rights Act and Financial Administration Act 13.

(1) Section 14 of the Human Rights Act applies to the College.

(2) The Financial Administration Act does not apply to the College. Audit of Corporation 14. The accounts and financial transactions of the College shall be audited at least an­ nually by an auditor appointed by the board of governors. Report to Executive Council Member 15.

(1) The fiscal year of the College shall end on June 30.

(2) The College shall, within six months after the end of each fiscal year, deliver to the Executive Council Member a report of the operations of the College for that fiscal year, the report to include the financial statements of the College and the auditor's report.

(3) The Executive Council Member shall lay a copy of the report before the Legislature as soon as practicable. Appointment of administrator 16.

(1) If the board of governors fail to direct the programs and activities of the College in accordance with this Act, the Executive Council Member may appoint an administrator to replace the board and to manage the programs and activities of the College until a newly con­ stituted board is appointed.

(2) The administrator shall have all the powers and duties of the board of governors. Transfer of programs from Government to College 17.

(1) The Commissioner in Executive Council may make regulations respecting the transfer of programs, activities, personnel, and property from the Government of the Yukon to the College.

(2) A regulation under subsection (1) may be made to operate notwithstanding any provision of the Financial Administration Act. Interim board of governors 18.

(1) Notwithstanding

section 4, the Commissioner in Executive Council may establish an interim board of governors whose powers may be the same as, but whose composition may be different from, the board to be appointed under

section 4.

(2) The purpose of the interim board is to oversee the orderly transfer of programs, ac­ tivities, personnel, and property from the Government of the Yukon to the College. Proclamation 19. This Act comes into force on a date to be specified by the Commissioner in Execu­ tive Council. 13

CHAPTER 4

AN ACT TO AMEND THE DAWSON CITY UTILITIES REPLACEMENT ACT

CHAPTER 4 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE DAWSON CITY UTILITIES REPLACEMENT ACT (Assented to April 12, 1988) The Commissioner of the Yukon, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. The Dawson City Utilities Replacement Act is repealed. 15

CHAPTERS

AN ACT TO AMEND THE ELECTIONS ACT CHAPTERS (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE ELECTIONS ACT (Assented to January 8, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. In paragraph 18(1)(

a) and in subsection 90(3) ofthe Elections Act, the expression "18 years" is substituted for the expression "nineteen years". 17

CHAPTER 6 FINANCIAL AGREEMENT ACT, 1988-90

CHAPTER 6 (STATUTES OF THE YUKON, 1988) FINANCIAL AGREEMENT ACT, 1988-90 (Assented to March 31,1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1.

(1) The Commissioner in Executive Council is authorized to make on behalf of the Government of Yukon agreements with the Government of Canada under which the Govern­ ment of Canada will pay to the Government of Yukon in respect of the 1988-89 and 1989-90 fiscal years grants based on formula financing so that the grants will represent the difference between (

a) base period gross expenditures escalated by the growth rate of provincial local expenditures or of the Nominal Gross Canadian Domestic Product, whichever is the lesser, Cb) eligible revenues and recoveries.

(2) The agreements may be signed on behalf of the Commissioner in Executive Council and Government of Yukon by the Executive Council Member.

(3) The Commissioner in Executive Council is empowered to do every act and exercise every power required for the purpose of fullilling every obligation assumed by the Govern­ ment of Yukon under the agreement. 19

CHAPTER 7 FIRST APPROPRIA TlON ACT, 1988-89

CHAPTER 7 (STATUTES OF THE YUKON, 1988) FIRST APPROPRIATION ACT, 1988-89 (Assented to January 8, 1988)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that the sums mentioned in Schedules "An and "B" of this Act are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the period of 12 months ending on March 31, 1989; The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act may be cited as the First Appropriation Act, 1988-89. 2.

From and out of the Yukon Consolidated Revenue Fund there may be paid and ap­ plied a sum not exceeding in the whole $100,474,000 for defraying the several charges and ex­ penses of the public service of Yukon payable in the period of 12 months ending on March 31, 1989, as set forth in Schedules "A" and "B" of this Act and that sum shall not be paid or ap­ plied except in accordance with Schedules "An, "Bn, "cn and the Financial Administration Act, and, subject to that Act, the estimates accompanying the message from the Commissioner. 3. The due application of all monies paid or applied pursuant to

section 2 shall be ac­ counted for. 21

FIRST APPROPRIATION ACT, 1988-89

SCHEDULE A Capital Votes 02 Executive Council Oflice 09 Community and Transportation Services 07 Economic Development: Mines and Small Business 03 Education 16 Government Services 15 Health and Human Resources 08 Justice 14 Renewable Resources 13 Tourism 18 Yukon Housing Corporation 19 Yukon Liquor Corporation Total SCHEDULEB GRANTS Capital Votes Pu rpose/Legi sla ti on 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development: Mines and Small Business 03 Education 16 Government Services 15 Health and Human Resources - Day Care Development 08 Justice 14 Renewable Resources 13 Tourism 18 Yukon Liquor Corporation 19 Yukon Housing Corporation Total 22

CHAPTER 7 $ (Dollars in OOO's) 87 46,048 11,570 17,425 7,532 3,569 140 1,631 2,466 9,889 117 100,474 $ (Dollars in OOO'

s) Grant Amount 300 300

CHAPTER 7 DEPARTMENTAL OBJECTIVES EXECUTIVE COUNCIL OFFICE FIRST APPROPRIA TlON ACT, 1988-89 SCHEDULEC OBJECTIVES To provide the Executive Council and Yukon Government departments with a range of services intended to promote and coordinate activities relevant to the provision of analysis, support and advice on all matters relating to the activities of the Government as a whole.

DEPARTMENT OF COMMUNI1Y AND TRANSPORTATION SERVICES To promote local self-government and to provide support to municipalities to offer the services and facilities which reflect their needs and to provide municipal services in un­ organized communities. To provide for the planning, development and management of Yukon land and its use and to make land available to meet the needs of the Yukon.---- To plan, develop, maintain and regulate a transportation infrastructure and related ser­ vices to support the social and economic development of the Yukon.

To support the development of arts, sports and community recreation throughout the Yukon. To foster the development and provision of communication services to enhance the cul­ tural, economic and leisure opportunities of Yukoners. DEPARTMENT OF ECONOMIC DEVELOPMENT: MINES AND SMALL BUSINESS To promote development of a self-sustaining Yukon economy, with a balance and diver­ sification of primary, secondary, and service industries, providing an acceptable level of income for Yukon residents in either wages or in kind.

To increase the participation ofYukoners in employment, management, and ownership of Yukon business: to decrease leakage of wages and profits from the Territory, and in­ crease economic returns, capital accumulation, and local influence on economic decision-making for the Yukon. To promote a more equitable distribution of economic benefits throughout all regions and segments of the population.

DEPARTMENT OF EDUCATION To ensure that all Yukoners are provided with the learning opportunities to achieve their maximum possible potential by the department planning, developing, managing and evaluating: Primary, elementary and secondary education for all school age children; French language programs; Adult training and continuing education programs; 23

FIRST APPROPRIATION ACT, 1988-89

CHAPTER 7 Manpower planning services, employment development and job retention programs; Library and archival services. To provide funds for the development, promotion and evaluation of the Native language program and for the training of local instructors for the program, and to provide the re­ quired central support. DEPARTMENT OF GOVERNMENT SERVICES To provide goods and services to all the Yukon Government's departments and agen­ cies so that the physical resources of the government are acquired, allocated and util­ ized in an efficient and optimum manner.

To co-ordinate and facilitate the Yukon Government's relationship with the private sec­ tor. DEPARTMENT OF HEALTH AND HUMAN RESOURCES To reduce lack of opportunity due to health or social condition and enhance the poten­ tial and well-being of all Yukoners while recognizing and respecting age, gender, cul­ ture, abilities, and community differences. DEPARTMENT OF JUSTICE To respond to Yukon community needs to provide services designated to reduce crime and to serve and protect victims and potential victims. To provide police services designed to preserve law and order. To provide court services.

To provide secure housing and correctional services designed to protect communities from offenders and to provide rehabilitative services to offenders. To maintain safe employment, orderly and responsible commercial and professional ser­ vices in the Yukon and to promote the public interest in labour-management harmony and the consumer interest in commercial and professional activities. To provide legal services to the Yukon Government. DEPARTMENT OF RENEWA8LE RESOURCES To provide for the planning, development and management of the Yukon's renewable resources.

DEPARTMENT OF TOURISM To promote and develop the Yukon as a tourism destination for the economic and so­ cial benefit of Yukoners and to assist the private sector in similar efforts. To develop, enhance and transmit, for the benelit of all Yukoners and visitors, an ap­ preciation and understanding of the Yukon's heritage as well as to preserve these resour­ ces for present and future generations. 24

CHAPTER 7 FIRST APPROPRIATION ACT, 1988-89 YUKON HOUSING CORPORATION To ensure the provision and availability of suitable and affordable accommodation to Yukon households in need, senior citizens, persons with disabilities and special needs groups. To ensure the provision and availability of suitable accommodation to Government of Yukon staffliving outside of White horse, and to administer the Government's Employee Housing Buy-Back Program. To foster and promote programs that will assist the housing industry to supply adequate housing within Yukon.

To create and promote an environment of community participation in the design development and delivery of housing programs.

YUKON LIQUOR CORPORATION To provide for and to regulate the purchase, importation, distribution and retail sale of alcoholic beverages in the Yukon by: operating warehouses and retail stores in a manner that provides a level of service to the public and licensees that meets their needs while ensuring that optimal revenue is transferred to the Consolidated Revenue Fund; providing licensees and permit holders inspections to ensure compliance with the Liquor Act; and providing and regulating the issuance, cancellation and suspension of liquor licences.

To provide the services of Territorial Agent in rural communities and meeting the needs of those rural residents. This objective is currently under review. 25

CHAPTER 8 FOURTH APPROPRIA TlON ACT, 1987-88 CHAPTERS (STATUTES OF THE YUKON, 1988) FOURTH APPROPRIATION ACT, 1987-88 (Assented to May 18, 1988)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that, in addition to the sums previously appropriated, the sums not appearing in parenthesis in

Schedule "A" of this Act are required for the purpose of defraying certain expcnses of the public service of the Yukon and for related purposes for the period of 12 month ending on March 31, 1988; The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: l. This Act may be cited as the Fourth Appropriation Act, 1987-88. 2.

(1) In addition to the sum of $114,302,000 provided for in the First Appropriation Act, 1988-88, the sum of $186,597,000 provided for in the Second Appropriation Act, 1987-88, the sum of $9,711,000 provided for in the Third Appropriation Act, 1987-88, from and out of the Yukon Consolidate Revenue Fund there may be paid and applied a sum not exceeding in the whole $37,014,000 for defraying the several charges and expenses of the public service of the Yukon payable in the period of 12 months ending on March 31, 1988, as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in accordance with

Schedule "A", the Financial Administration Act and, subject to that Act, the estimates accompanying thc message from the Commissioner.

(2) The sums previously appropriated to a vote or item that is listed in Schcdule "A" and that has a sum appearing in parenthesis after it are reduced by the amount of the sum appear­ ing in parenthesis. 3. The due application of all monies paid or applied pursuant to scction 2 shall be ac­ counted for. 27

FOURTH APPROPRIATION ACT, 1987-88

SCHEDULE A Sums required this appropriation Operation and maintenance Votes 01 Yukon Legislative Assembly 02 Executive Council Office 09 Community and Transportation Services 03 Education 12 Finance 16 Government Services 15 Health & Human Resources 08 Justice 10 Public Service Commission 14 Renewable Resources Subtotal operation and maintenance Capital votes 09 Community and Transportation Services 08 Justice 14 Renewable Resources 18 Yukon Housing Corporation 19 Yukon Liquor Corporation Voted to Date 1,779 4,024 43,066 41,460 2,539 13,597 37,957 16,513 3,306 7,350 171,591 59,238 260 1,618 2,740 126 22 Yukon Development Corporation ONE DOLLAR Subtotal Capital 63,982 Total Funds required 235,573 28

CHAPTER 8 $ (Dollars in OOO'

s) This Total Voted Appro- (Current Spend- priation ing Authority) 17 1,796 12 4,036 730 43,796 1,477 42,937 146 2,685 778 14,375 436 38,393 704 17,217 2,296 5,602 161 7,511 6,757 178,348 175 59,413 23 283 84 1,702 250 2,990 225 351 29,500 29,500 30,257 94,239 37,014 272,5K7

CHAPTER 8 FOURTH APPROPRIA TlON ACT, 1987-88 Sums not required this appropriation Operation and maintenance votes 07 Economic Development: Mines and Small Business 2,435 2,435 13 Tourism 3,288 (23) 3,265 11 Women's Directorate 243 243 18 Yukon Housing Corporation 1,305 1,305 Loan Capital 8,000 8,000 Loan Amortization ],848 ],848 Subtotal operation and maintenance 17,119 (23) 17,096 Capital votes 02 Executive Council Office 44 (3) 41 07 Economic Development: Mines and Small Business 12,652 (1,797) 10,855 03 Education 27,187 (2,698) 24,489 Hj Government Services 9,036 (778) 8,258 05 Health and Human Resources 4,725 (2,370) 2,355 13 Tourism 2,842 2,842 Subtotal capital 56,486 (7,646) 48,840 Total sums not required 73,605 (7,669) 65,936 Net Total 309,178 29,345 338,523 29

CHAPTER 9

AN ACT TO AMEND THE HIGHWAYS ACT

CHAPTER 9 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE HIGHWAYS ACT (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Highways Act.

Section 1 is amended by adding the following definition after "lighting". "'litter' means rubbish, garbage, refuse, scrap or any other waste products of any kind whatsoever;" 3. The following

section is added immediately after

section 29.2 of the Act: "Littering 293 A person who deposits liller within a highway right of way commits an of­ fence."

Section 31 is amended by substituting "$500" for "$200". 31

CHAPTER 10

AN ACT TO AMEND THE INSURANCE ACT

CHAPTER 10 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE INSURANCE ACT (Assented to April 12, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Insurance Act. 2. The following definition is added to

section 1: " 'liability insurance' means insurance against liability for loss or damage to persons or property not provided for by a specific class of insurance defined in this Act or the regulations and arising from any accidental cause, including errors and omissions;" 3. The following

Part is added immediately after

section 214: "PART 9A RECIPROCAL OR INTER-INSURANCE EXCHANGES

Definitions 214.1 In this Part, 'attorney' means a person authorized to act for subscribers as provided in

section 214.4; 'exchange' or 'reciprocal or inter-insurance exchange' means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney; 'subscribers' means persons exchanging with each other reciprocal contracts of in­ demnity or inter-insurance as provided in

section 214.2. Reciprocal contracts 214.2 Subject to this Part, a person may exchange with other persons in the Yukon or elsewhere reciprocal contracts of indemnity or inter-insurance for any class of insurance that an insurance company may be licensed for under this Act, except life insurance, accident insurance, sickness insurance and guarantee insurance. Insurer 214.3 No person shall be deemed to be an insurer within the meaning of this Act by reason of exchanging with other persons reciprocal contracts of indem­ nity or inter-insurance under the provisions of this Act. 33

AN ACT TO AMEND THE INSURANCE ACT

CHAPTER 10 Execution of contract 214.4 Reciprocal contracts of indemnity or inter-insurance may be executed on be­ half of subscribcrs by any person acting as attorney under a power of attor­ ney that has been liled with the superintendent. Court action 214.5 Notwithstanding any condition of a power of attorney or contract of indem­ nity or inter-insurance, any action or proceeding in respect of the contract may be maintained in the Supreme Court. Declaration by exchange members 214.6 The persons constituting an exchange shall lile with the superintcndent a declaration verilied by oath selling out (

a) the name of the allorney and the name or designation under which the contracts are issued, (

b) the classes of insurance to be effected or exchangcd under the con­ tracts, (

c) a copy of the form of contract or policy under which the reciprocal con­ tracts of indemnity or inter-insurance are to be effected or exchanged, (

d) a copy of the form of powcr of allorney under which the contracts are to be effccted or exchanged, (

e) the location of the of lice from which the contracts are to be issued, (

f) a linancial statemcnt in thc form prescribed by the superintendent, (

g) evidence satisfactory to the superintendent that the exchange requires its subscribers to maintain in the hands of the attorney, as a condition of membership in the exchange, a premium deposit reasonably sufli­ cient for the risk assured by the exchange, and (

h) evidence satisfactory to the superintendent that the management of the exchange is subjcctto the supervision of a commillce of the subscribers in accordance with the terms of the power of allorney. Name of exchange 214.7 The name or designation under which the contracts arc issued shall not be so similar to any other name or designation previously adopted by any ex­ change or licensed insurer as, in the opinion of the superintendent, to be like­ ly to mislead or confuse. Licence 214.8(1) Where an eligible exchange has complied with this Part and paid the prescribed fee, the superintendent may issue a licence in the prescribed form to the exchange. 34

CHAPTER 10

AN ACT TO AMEND THE INSURANCE ACT

(2) No exchange is eligible to be licensed in the Yukon unless the exchange is the holder of a valid and subsisting exchange licence in a province approved by the superintendent.

(3) When an exchange licensed in the Yukon no longer is the holder of a valid and subsisting exchange licence in a province approved by the superinten­ dent, the licence in the Yukon is immediately revoked. Service of process 214.9 If the office from which the contracts are to be issued is not in the Yukon, service on the superintendent of notice or process in any action or proceed­ ing in the Yukon in respect of contracts of indemnity or inter-insurance ef­ fected by an exchange shall be deemed to be service on the subscribers who are members of the exchange at the time of service.

Contracts 214.10 No exchange shall undertake any liability on a contract of indemnity, inter­ insurance or insurance except on behalf of a subscriber. Reinsurance 214.11 No attorney or exchange shall effect reinsurance of any risks undertaken by the exchange in any other reciprocal or inter-insurance exchange unless such exchange operates on the same undcrwriting standards. Attorney 214.12(1) No person shall (

a) act as attorney, or act for or on behalf of any attorney, in the exchange of reciprocal contracts of indemnity or inter-insurance, or in any act or transaction connectcd therewith, or (

b) exchange or reciprocal contract of indemnity or inter-insurance with any other person, unless a liccnce for this exchange has been issued and is in force.

(2) A person who contravenes subsection (1) is guilty of an offence. Suspension or revocation of licence 214.13(1) If an exchange or attorney contravenes any provision of this Act, the licence issued to the subscribers may be suspended or revoked by the superinten­ dent.

(2) A licence shall not be suspended or revoked unless the superintendent has given the exchange or its attorney an opportunity to be heard. (3) Subsection (2) does not apply to the revocation of a license pursuant to sub­

section 214.8(3)

(4) The suspension or revocation of a licence does not affect (

a) the validity of any reciprocal contracts of indemnity or inter-insurance effected prior to the suspension or revocation, or 35

AN ACT TO AMEND THE INSURANCE ACT

CHAPTER 10 (

b) the rights and obligations of the subscribers under the contracts. Fire insurance 214.14 Notwithstanding anything in this Part, a person who complies with this Act, exclusive of this Part, may insure against lire any property situated in the Yukon." 36

CHAPTER 11 INTERIM SUPPL Y APPROPRIA T/ON ACT, 1988-89

CHAPTER 11 (STATUTES OF THE YUKON, 1988) INTERIM SUPPLY APPROPRIATION ACT, 1988-89 (Assented to March 31,1988)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that the sums mentioned in

Schedule "A" of this Act are required for the pur­ pose of defraying certain expenses of the public service of the Yukon and for relatcd purposes for the period from April 1, 1988 to April 30, 1988. The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act may be cited as the Interim Supply Appropriation Act, 1988-89. 2.

In addition to the sum of $100,474,000 provided for in the First Appropriation Act, 1988-89, from and out of the Yukon Consolidated Revenue Fund there may be paid and ap­ plied a sum not exceeding in the whole $21,270,000 for defraying the several charges and ex­ penses of the public service of the Yukon for the period from April 1, 1988 to April 30, 1988, as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in ac­ cordance with

Schedule "A" and the Financial Administration Act and, subject to the said Act, the estimates accompanying the message from the Commissioner. 3. This Act shall be deemed to have come into force April 1, 1988. 37

INTERIM SUPPL Y APPROPRIA TlON ACT, 1988-89

SCHEDULE A Operation and Maintenance Votes 01 Yukon Legislative Assembly 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development; Mines and Small Business 03 Education 12 Finance 16 Government Services 15 Health and Human Resources 08 Justice 10 Public Service Commissioner 14 Renewable Resources 13 Tourism 11 Women's Directorate 18 Yukon Housing Corporation Total 38

CHAPTER 11 $ (Dollars in O()O'

s) Total 175 360 7,000 210 4,000 250 2,000 4,000 1,500 300 600 250 25 600 21)70

CHAPTER 12 INTERIM SUPPL Y APPROPRIA TlON ACT, 1988-89 (No. 2)

CHAPTER 12 (STATUTES OF THE YUKON, 1988) INTERIM SUPPLY APPROPRIATION ACT, 1988-89 (No. 2) (Assented to April 28, 1988)

Whereas it appears by message from the Commissioner and in the estimates accompany­ ing the message that the sums mentioned in

Schedule "A" of this Act are required for the pur­ pose of defraying certain expenses of the public service of the Yukon and for related purposes for the period from May 1, 1988 to May 31, 1988. The Commissioner of the Yukon Territory, by and with the advice and consent of the Lcgislative Assembly, enacts as follows: 1.

In addition to the sum of $100,474,000 provided for in the First Appropriation Act, 1988-89 and the sum of $21,270,000, provided for in the Interim Supply Appropriation Act, 1988-89, from and out of the Yukon Consolidated Revenue Fund there may be paid and ap­ plied a sum not exceeding in the whole $19,180,000 for defraying the several charges and ex­ penses of the public service of the Yukon for the period from May 1, 1988, to May 31, 1988, as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in ac­ cordance with

Schedule "A" and the Financial Administration Act and, subject to the said Act, the estimates accompanying the message from the Commissioner. 2. This Act shall be deemed 10 have come into force May 1, 1988. 39

INTERIM SUPPL Y APPROPRIA TlON ACT, 1988-89 (No. 2)

SCHEDULE A Operation :md Maintenance Votes 01 Yukon Legislative Assembly 02 Executive Council Office 09 Community and Transportation Services 07 Economic Development; Mines and Small Business 03 Education 12 Finance 16 Government Services 15 Health and Human Resources 08 Justice 10 Public Service Commissioner 14 Renewable Resources 13 Tourism 11 Women's Directorate 18 Yukon Housing Corporation Loan Capital Loan AmOrliZ<ltion Tntal 40

CHAPTER 12 $ (Dollars in ODD'

s) Total 151 388 3,500 178 6,000 239 1,000 3,550 1,517 335 714 301 20 504 417 366 19,180

CHAPTER 13 LANGUAGES ACT

CHAPTER 13 (STATUTES OF THE YUKON) LANGUAGES ACT (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: Purpose 1.

(1) The Yukon accepts that English and French are the official languages of Canada and also accepts that measures set out in this Act constitute important steps towards im­ plementation of the equality of status of English and French in the Yukon.

(2) The Yukon wishes to extend the recognition of French and the provision of services in French in the Yukon.

(3) The Yukon recognizes the significance of aboriginal languages in the Yukon and wishes to take appropriate measures to preserve, develop, and enhance those languages in the Yukon. Advancement of status and use 2. Nothing in this Act limits the authority of the Legislative Assembly to advance the equality of status of English, French, or a Yukon aboriginal language. Proceedings of the Legislative Assembly 3.

(1) Everyone has the right to use English, French, or a Yukon aboriginal language in any debates and other proceedings of the Legislative Assembly.

(2) The Legislative Assembly or a commiuee of the Assembly, when authorized by rcsolulion of the Assembly, may make orders in relation to the translation of records and jour­ nals of the Assembly, Hansard, Standing Orders and all other proceedings of the Legislative Assembly. Acts and regulations 4. Acts of the Legislative Assembly and regulations made thereunder shall be printed and published in English and French and both language versions are equally authoritative. Proceedings in courts 5.

Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by the Legislative Assembly. Communication by public with institutions of the Government of the Yukon 6.

(1) Any member of the public in the Yukon has the right to communicate with, and to receive available services from, any head or central office of an institution of the Legislative 41

LANGUAGES ACT

CHAPTER 13 Assembly or of the Government of the Yukon in English or French, and has the same right with respect to any other office of any such institution where (

a) there is significant demand for communications with and services from that office in both English and French, or (

b) due to the nature ofthe office, it is reasonable that communications with and services from that office be in both English and French.

(2) The Commissioner in Executive Council may make regulations prescribing cir­ cumstances in which for the purposes of subsection (1) significant demand shall be deemed to exist or in which the nature of the office is such that it is reasonable that communications with and services from that office be in English and French. Continuation of rights and privileges 7. Nothing in this Act abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Act with respect to any language that is not English or French.

Rights and services not alTected 8. Nothing in this Act shall be construed as preventing the Legislative Assembly or the Government of the Yukon from granting rights in respect of, or providing services in, English and French or any Yukon aboriginal language in addition to the rights ami services provided in this Act. Enforcement 9. Anyone whose rights under this Act have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances. Agreement for implementation of this Act 10.

The Government of the Yukon may enter into agreements with the Government of Canada or any person or body respecting the implementation of the provisions of this Act or any matter related to this Act. Services in aboriginal languages 11. The Commissioner in Executive Council may make regulations in relation to thc provision of services of the Government of the Yukon in one or more of thc aboriginal lan­ guages of the Yukon. Regulations 12. The Commissioner in Executive Council may make regulations (

a) respecting any maller that the Commissioner in Executive Council deems necessary to implement

section 5; (

b) as the Commissioner in Executive Council deems necessary for carrying out the provisions of this Act. 42

CHAPTER 13 LANGUAGES ACT Orderly adaptation to this Act 13~

(1) No Act or regulation made after December 31, 1990, will be of any force or effect if it has not already been published in English and French at the time of its coming into force.

(2) No Act or regulation made before December 31, 1990, will be of any force or effect if it has not been published in English and French before January I, 1994. (3) Subsections (1) and (2) come into force upon assent; the other provisions of this Act come into force on December 31, 1992 or such earlier date as may for some or all of them be proclaimed by the Commissioner in Executive Council. 43

CHAPTER 14

AN ACT TO AMEND THE LEGAL SERVICES SOCIETY ACT

CHAPTER 14 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE LEGAL SERVICES SOCIETY ACT (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. The expression "who are not members of the public service of the Yukon or Canada" is deleted from subsection 9(1) of the Legal Services Society Act. 45

CHAPTER 15

AN ACT TO AMEND THE LIQUOR ACT

CHAPTER 15 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE LIQUOR ACT (Assented to January 8, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Liquor Act. 2. In subsection 1(1) the following definition is substituted for the definition of liquor: " 'liquor' means any beverage that contains more than one-half percent by volume of absolute alcohol at 16 degrees Celsius;" 3.

In subsection 1(1), the following definition is substituted for the definition of sale: " 'sale' includes the exchange, barter and traffic of liquor and the selling, supplying or distributing by any means whatever of liquor;". 4. Subsection 1(2) is repealed. 5. The following subsection is substituted for subsection 2(8): "

(8) The Commissioner in Executive Council shall appoint one of the members of the board to be the chairperson and one or more of the members of the board to be vice-chairpersons." 6. In paragraph 7(d), the word "manufacture" is added after the word "storage". 1. The following

section is substituted for

section 45: OIT-premises sales of liquor "45. The board may, subject to the regulations, issue a licence allowing the retail sale of liquor in any licensed premises for off-premises consumption subject to such conditions as the board may direct." 8. The following subsection is added to

section 51: "

(1.1) No person shall serve liquor at a reception held in a public place except under the authority of a reception permit issued under this section." 9. In paragraph 51(17)(

b) the expression "in any fiscal year of the corporation" is sub­ stituted for the expression "in anyone calendar year". 10. The following

section is added immediately after

section 53: New licence where pre\'ious destroyed "53.1(1) Where a premises in which liquor maybe served pursuant to a licence is sub­ stantially destroyed, or, in the case of a cocktail lounge licence, where the 47

AN ACT TO AMEND THE LIQUOR ACT

CHAPTER 15 premises in which the bedrooms related to the licence is substantially destroyed, the board shall cancel the licence within 60 days of the date or the destruction.

(2) Where a licence is cancelled under subsection (1) and the destroyed premises is being reconstructed, the licencee may make application for a new licence under the provisions of this Act.

(3) Where a person makes application for a new licence pursuant to the provisions of subsection (2), the person shall provide such information as may be required by the board concerning the premises as it will be reconstructed, and shalllilc with the board plans and specifications showing the location, layout and construction of the proposed premises to the satis­ faction of the board.

(4) Where a person makes an application under subsection (2), the provisions of sections 24 and 27 do not apply.

(5) Where a cocktail lounge licence has been cancelled under subsection (1) as a result of the portion of the premises in which the bedrooms are situate being destroyed, the board may, in its discretion, issue a licence to operate a cocktail lounge prior to completion of the reconstruction." 11. In

section 54 the following subsection is added immediately after subsection (1): "

(1.1) The board may renew an interim licence issued under subsection (1) for onc or more further periods not to exceed six months each."

Section 69 is repealed. 13. In

section 70 the expression "Except as permilled in

section 65" is substituted for the expression "Except as permilled pursuant to sections 65 and 69". 14. The following

section is added immediately after

section 75: Delivery or li(IUOr in a taxi cab "75.1 No operator of a taxi cab shall transport liquor in the taxi cab to any placc without at the same time also transporting the owner ofthe liquor to the same place." 15. The following sections are added immediately after

section 76: Powers or inspectors to search .md seize "76.1(1) To ensure compliance with this Act, an inspector may, at any reasonable time, enter and inspect, (

a) licensed premises, (

b) premises with respect to which a permit has been issued, or (

c) premises with respect to which a licence has been cancelled or suspended and liquor has not been delivered to the general managcr as required under subsection 20(1). 48

CHAPTER 15

AN ACT TO AMEND THE LIQUOR ACT

(2) Where an inspector is acting under the authority of this section, the inspec­ tor shall carry identification in the form prescribed by the Board and present it on request to the owner or occupant of the premises referred to in subsec­ tion (1).

(3) Where an inspector makes an inspection under subsection (1), the inspec­ tor may take reasonable samples of liquor for testing and analysis.

(4) Where the inspector, pursuant to an inspection under subsection (1), (

a) finds any liquor that the inspector believes on reasonable and probable grounds is unlawfully acquired or kept or is kept for unlawful purposes in contravention of this Act, and (

b) believes on reasonable and probable grounds that obtaining a warrant would cause a delay that could result in the loss or destruction of evidence, the inspector may immediately seize and remove the liquor and the packages in which it is kept.

(5) Where an inspector seizes liquor and the packages in which it is kept pur­ suant to this section, the inspector shall give a receipt to the person from whom those items were taken or seized.

(6) An inspector who makes an inspection under subsection (1), may inspect, examine and make copies of or temporarily remove any books, records or other documents relating to the purchase or sale of liquor, or the licence or permit, to ensure compliance with this Act, the regulations and the licence or permit.

(7) Where an inspector removes any books, records or other documents under subsection (6), the inspector may make copies of, take photographs of, or otherwise record them.

(8) Where an inspector removes any books, records or other documents under subsection (6), the inspector shall give to the person from whom they were taken a receipt for them and shall, within 5 days, return them to the person to whom the receipt was given.

(9) Where an inspector is acting under the authority of this section, the inspec­ tor may request and receive the assistance of a peace officer. Liquor seized by inspector 76.2(1) Where liquor is seized by an inspector pursuant to

section 76.1, the liquor shall be delivered to the corporation and the licencee or permitee, as the case may be, shall be advised in writing of the reasons for the seizure.

(2) The licencee or permitee, as the case may be, may, within 30 days of the mail­ ing of the notice under subsection (1), apply in writing to the general manager for a hearing to request thc return of the seized liquor and packages. 49

AN ACT TO AMEND THE LIQUOR ACT

CHAPTER 15

(3) On receipt of an application for hearing under subsection (2), the general manager shall grant a hearing as soon as possible and not later than 30 days after the application is received.

(4) If no application is made under subsection (2), the liquor shall be forfeited to the Government of the Yukon.

(5) A person aggrieved by the decision of the general manager under this sec­ tion may appeal to the board in accordance with the regulations." 16. In subsection 85(1) the expression "or be in possession oP' is added after the word "obtain". 17. Paragraph 85(2) is amended by (

a) striking out the word "club", and (

b) by adding the expression "where authorized by the terms and conditions of the reception permit," after the word "reception". 18. In

section 90 the expression "the regulations or a condition of a licence" is substituted for the expression "or the regulations". 19. The following is substituted for

section 102: Disposition or liquor ai'ter seizure "102(1) A peace onicer may immediately seize and remove liquor and the packages containing it where the peace oflicer linds the liquor on any premises or in any place, and the peace oflicer believes on reasonable and probable grounds that (

a) there is no apparent owner of the liquor, or (

b) the liquor is being possessed or kept contrary to this Act or the regula­ tions.

(2) Where a peace oflicer seizes liquor and the packages under subsection (1), the peace oflicer shall, subject to subsections (3) and (5), retain the seized liquor and packages.

(3) Where, within 30 days from the date of the seizure of the liquor and pack­ ages under subsection (1), no person has liled a notice in writing with the general manager claiming to be the owner of the liquor and packages, the liquor and packages are forfeited to the Government of the Yukon.

(4) Where, within the 30 days referred to in subsection (3), a person claims to be the owner of the liquor, the person shall apply lo the general manager within the 30 day period for a hearing and the general manager shall, within seven days after receiving the rcquest, appoint in writing a time and place for a hearing.

(5) At the hearing the person must satisfy the general manager of the person's claim and the person's right under the provisions of this Act to possession of the liquor and packages, and if the person fails to do so, the liquor and pack­ ages are forfeited to the Government of the Yukon. 50

CHAPTER 15

AN ACT TO AMEND THE LIQUOR ACT

(6) A person aggrieved by the decision of the general manager under this sec­ tion may appeal to the board in accordance with the regulations." 20. The following sections are added immediately after

section 102: Disposition of liquor upon conviction "102.1(1)Where a person has bcen convicted for an offence under this Act or the regulations, the liquor in respect of which the offence was committed shall, as part of the penalty for the conviction, be forfeited to the Government of the Yukon.

(2) Notwithstanding subsection (1), the justice or judge making the conviction may, subject to subsection (4), declare that the liquor and packagcs be returned to the convicted person.

(3) Subject to subsection (4), wherc a justice or judge makes a declaration under subsection (2) and the time for appeal has expired, the liquor and packages shall be returned to the convicted person on the person's application to the clerk of the court where the conviction was made.

(4) Where the person described in subsection (3) does not make an application within 30 days of the expiration of the time for appeal or, if an appeal is entered, within 30 days of the final disposition of the appeal, the liquor and packages are forfeited to the Government of the Yukon. Disposition of liquor upon acquittal 102.2(1) Where a person charged with an offence under this Act or the regulations is found not guilty, and the court has not made an order with respect to the liq­ uor and packages seized, the person is entitled to the liquor and packages (

a) after the time for filing of an appeal has expired, or (

b) if an appeal has been filed, after the final disposition of the appeal.

(2) Where a person is charged with an offence under this Act or the regulations and the charges are withdrawn, the person is entitled to any liquor and pack­ ages seized with respect to that charge, after the expiry of the time for relay­ ing a charge for which the liquor or packages are required as evidence.

(3) Where a person described in subsection (1) or (2) does not collect the liq­ uor and packages within 30 days of the date described in subsection (1) or (2), as the case may bc, the liquor and packages are forfeited to the Govern­ ment of the Yukon. Delivery of forfeited liquor 102.3(1) All liquor forfeited to the Government of the Yukon under the provisions of this Act shall be delivered without delay to the corporation." 21.

(1) This

section amends

section 105 . 51

AN ACT TO AMEND THE LIQUOR ACT

CHAPTER 15 (2) Subsection (1) is amended by adding the expression "or band community" Im­ mediately after the word "hamlet". (3) Subsection (4) is amended (

a) by adding the expression "or the council of an Indian Band" immediately after the expression" the advisory council of a hamlet", and (

b) by adding the expression "or band community" immediately after the expres­ sion "in the hamlet". (4) Subsection (5) is amended by adding the expression "or band community" im­ mediately after the word "hamlet" throughout the subsection. (5) Subsection (7) is amended by adding the expression "or band community" im­ mediately after the word "hamlet".

(6) The following is substituted for subsection (9): "

(9) In this

section "band community" means an area prescribed by the Commissioner in Ex­ ecutive Council and occupied primarily by members of an Indian Band; "Indian band" has the same meaning as in the Indian Act (Canada); "hamlet" and "municipality" each have the same meaning as in the Municipal Act." 52

CHAPTER 16 LOAN AGREEMENT ACT, 1987

CHAPTER 16 (STATUTES OF THE YUKON, 1988) LOAN AGREEMENT ACT, 1987 (Assented to January 8, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. In addition to the sum of$10,000,000 authorized by the Loan Agreement Act (1982), the Commissioner in Executive Council may borrow sums not exceeding $10,000,000 in the ag­ gregate for the making of loans for territorial, municipal, or local purposes. 2.

(1) The Commissioner in Executive Council may make on behalf of the Government of the Yukon agreements providing for (

a) the repayment of sums borrowed under

section 1, and (

b) the payment of interest on outstanding principal of sums borrowed under

section 1.

(2) The agreements may be signed by the Executive Council Member.

(3) The Commissioner in Executive Council may do every act required [or the purpose of fulfilling obligations of the Government of the Yukon under the agreements. 53

CHAPTER 17 MISCELLANEOUS STATUTE LAW AMENDMENT ACT, 1988

CHAPTER 17 (STATUTES OF THE YUKON, 1988) MISCELLANEOUS STATUTE LAW AMENDMENT ACT, 1988 (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: Distress Act

Section 2 of the Distress Act is repealed. Elections Act 2. In

section 3 of the Elections Act, the expression "12 months" is substituted for the ex­ pression "six months". Electrical Protection Act 3. In subsection 13(5) of the Electrical Protection Act, the expression "engaged upon the same piece of work" is substituted for the expression "engaged in the same work". Insurance Premium Tax Act 4.

(1) In subsection 3(1) of the Insurance Premium Tax Act, the expression "on or before March 15" is substituted for the expression "on or before of March 15".

(2) In subsection 8(1) of the Insurance Premium Tax Act, the expression "refuses or neglects to make" is substituted for the expression "refuses to neglects to make". Legislative Assembly Act 5. In subsection 45(7) of the Legislative Assembly Act the expression "Executive Coun­ cil" is substituted for the expression "Legislative Assembly". Mediation Board Act 6. The delinition of "collector" in

section 1 o(the Mediation Board Act is amended by substituting the expression "Deputy Head of Community and Transportation Services" for the expression "The Executive Council Member" Motor Vehicles Act 7. In subsection 28(4) of the Motor Vehicles Act, the expression "driver's licence" is sub­ stituted for the expression "drivers licence". 55

MISCELLANEOUS STATUTE LAW AMENDMENT ACT, 1988

CHAPTER 17 Municipal and Community Infrastructure Grants Act 8. In the definition of "community authority" in

section 1 of the Municipal and Com­ munity Infrastructure Grants Act, the cxpression "section 11" is substituted for the expression "section 10". Personal Property Security Act 9. In the definition of "security interest" in

section 1 of the Personal Property Security Act the expression "paragraphs (

a) to (c)" is substituted for the expression "paragraphs (

a) to (i)". Workers Compensation Act 10.

(1) In subsection 72(3) of the Workers Compensation Act, the expression "section 71" is substituted for the expression "section 70".

(2) In subsection 72(9) of the Workers Compensation Act the expression "section 71" is substituted for the expression "subsection 70(1)". 56

CHAPTER 18 MOTOR TRANSPORT ACT

CHAPTER 18 (STATUTES OF THE YUKON, 1988) MOTOR TRANSPORT ACT (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows:

PART 1

INTERPRETATION AND ADMINISTRATION

Interpretation 1. In this Act, "board" means the Motor Transport Board established under

section 3; "certificate" means a certificate issued under

section 39; "compensation" includes any rate, remuneration, reimbursement or reward of any kind; "goods" means anything other than passengers being transported by a vehicle; "highway" means a highway as defined in the Highways Act; "member" means a member of the board; "owner" means an owner as defined in the Motor Vehicles Act; "temporary certificate" means a temporary certificate issued under

section 45; "vehicle" means a motor vehicle as defined in the Motor Vehicles Act and includes a trailer. Certificate or temporary certificate required 2.

(1) No person shall operate a vehicle on a highway for the purpose of transporting goods or passengers for compensation unless the person (

a) has obtained or is exempt from obtaining a certificate or temporary certifi­ cate to operate the vehicle for that purpose, and (

b) complies with the terms and conditions of the certificate or temporary cer­ tificate. (2) Subsection (1) does not apply to any person or class of persons or goods exempted by the regulations. 57

MOTOR TRANSPORT ACT

CHAPTER 18

PART 2 MOTOR TRANSPORT BOARD l\'lotor Transport Board 3.

(1) There shall be a Motor Transport Board which shall consist of no less than six mem­ bers appointed by the Commissioner in Executive Council and which shall issue certificates and regulate the motor transport industry in the Yukon in accordance with this Act.

(2) The Commissioner in Executive Council shall appoint one of the members as chair­ person and one or more as vice-chairpersons.

(3) Appointments shall be for a maximum of three years and shall, on initial formation of the board, be so staggered as to establish a rotation.

(4) Three of the members, one of whom is the chairperson or vice-chairperson con­ stitutes a quorum.

(5) A vacancy in the membership does not impair the capacity of the remaining mem­ bers.

(6) The board shall meet at the call of the chairperson.

(7) Every maller before the board shall be decided by a majority of the members present, and where the members arc divided equally in their opinions, that of the chairperson shall prevail. Records or the board 4. The records of the board are not records of the Government of the Yukon. Chairperson and vice-chairperson 5.

(1) The chairperson is the chief executive officer of the board and has supervision over the work of the board.

(2) The vice-chairperson has the powers and functions of the chairperson in the chairperson's absence. Secretary and stalT 6.

(1) The Executive Council Member may appoint, from among the persons employed in the Public Service, a secretary and such other employecs of the board as he or she dcems necessary for the proper conduct of the business of the board, but before making an appoint­ ment the Executive Council Member shall consult with the chairperson of the board.

(2) The secretary is responsible for the administration of the board's functions and shall (

a) keep a record of the business conducted by the board, (

b) receive applications and submissions made to the board,and (

c) keep records, documents and orders of the board.

(3) The secretary shall act in accordance with the instructions of the chairperson and shall perform such duties as may be requested by the chairperson. 58

CHAPTER 18 MOTOR TRANSPORT ACT Delegation to secretary and others 7.

(1) The board may delegate any of its administrative functions to the secretary or to such other person as it deems appropriate.

(2) Every order made by a person by virtue of a delegation oflhe board's functions shall be deemed to be an order of the board.

(3) An administrative function for the purpose of this

section includes the issuance of temporary certificates. Delegation to members 8. The board may delegate any of its powers to hear any maller or application under this Act to a member, but no order of the member shall have force and effect until ratified by the board. Investigations 9.

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

(2) A person authorized under subsection (1) has all the powers of the board for the purpose of acquiring the necessary information. Experts 10. Subject to there being a sufficient appropriation, the board may appoint a person having special technical or other knowledge to enquire, report and provide expert evidence on any matter that the board deems necessary. Annual Report 11.

(1) The board shall, not later than May 31 in each year, transmit to the Executive Council Member a report for the preceding year concerning the affairs of the board.

(2) The Executive Council Member shall, after receiving a report, table it at the next available sitting of the Legislative Assembly. Conlidentiality 12.

(1) No member or person employed in the administration ofthis Act shall be required to give evidence in any civil action to which the board is not a party with respect to any infor­ mation obtained by the member or person in the discharge of his or her board duties.

(2) No member of the board or person employed in the administration of this Act shall (

a) communicate or allow to be communicated Lo any person not entitled to it, any information obtained under this Act, or (

b) allow any unauthorized person to inspect or have access to any records con­ taining information obtained under this Act. Continuation or a hearing by a rormer member 13. When a member ceases to hold office, he UI .;ne continues to have all the powers of a member for the purposes of completing any hearing that may have been in progress at that time. 59

MOTOR TRANSPORT ACT

CHAPTER 18 Powers or the Board Rules 14. The board, or any person authorized by the board may, for the purposes of this Act, (

a) summons witnesses, enforce their attendance and compel them to give evidence, and to produce such books, plans, specifications, drawings and documents as may be requested, and (

b) administer oaths, aflirmations or declarations. 15.

(1) The board may make rules, not inconsistent with this Act or the regulations, regulating procedure.

(2) All hearings and investigations conducted by the board shall be governed by the rules of the board.

(3) The board is not bound by the rules of evidence applicable to proceedings in the Supreme Court.

(4) The procedure relating to the attendance of witnesses before the board shall be the same as the procedure in the Supreme Court, but a summons to a witness may be signed by a member or the secretary. Evidence by affidavit or report 16.

(1) The board may, in its discretion, accept and act upon evidence by affidavit, or by the written report of a member or person appointed to enforce this Act.

(2) The board may issue commissions to take evidence outside the Yukon and may make such orders as are necessary for that purpose and for the use of the evidence so obtained. Liability or members 17. No member, officer, agent or staff of the board, or inspector, is liable for anything he or she does or omits to do, lawfully and without negligence in the exercise of a power con­ ferred by this Act. Appointment or inspectors 18.

(1) The Executive Council Member may appoint inspectors to enforce this Act.

(2) The following persons are inspectors: (

a) police officers; (

b) enforcement officers appointed under the Motor Vehicles Act; (

c) weigh scale operators appointed under the Highways Act. Powers or inspectors 19.

(1) Every inspector has the authority to enforce this Act.

(2) In the execution of their duties inspectors may (

a) direct the driver of a motor vehicle to stop for the purposes of inspection, (

b) examine vehicles and goods being transported, 60

CHAPTER 18 MOTOR TRANSPORT ACT (

c) enter upon and inspect, during normal business hours, the place of business or other buildings relating to the business of a certificate holder, (

d) examine and copy any certificate or documents relating to the operation of the vehicle and transportation and ownership of the goods including (

i) the vehicle licence, (ii) a copy of the certificate or temporary certificate, (iii) a copy of any lease under which it is being operated, and (iv) copies of any bills of lading or waybills.

(3) Where an inspector believes on reasonable grounds that a contravention of this Act, the regulations or an order of the board has occurred, the inspector may direct the driver of the vehicle concerned to take the vehicle and goods to a weigh scale or another area whcre the vehicle and goods may be detained until such time as the Act, regulations or order of the board have been complied with. Interim orders 20.

(1) The board may, if it believes on reasonable grounds that a person is acting in con­ travention of this Act, without notice, make an interim order requiring the person to do or refrain from doing such things as the board deems necessary to comply with the Act.

(2) No order under subsection (1) shall be for a period of more than 21 days or such other shorter period of time as may be necessary for the board to hold a hearing with respect to the matter. Hoard may award costs 21. The board may order that a party to a hearing pay costs to another party in an amount not to exceed that set out in the regulations. Extension or time 22. Where an application is made pursuant to this Act, the board may, in its discretion, extend the time for the doing of anything or service of any notice required by this Act. Order linal B. Every order ofthe board is final and binding until changed or amended by the board, but, subject to

section 20 or subsection 42(3), no order is effective until a copy is served on the person to whom it is directed. Service or order and notices 24. Service of an order or notice shall be (

a) by personal service, or (

b) by mailing a copy of the order or notice by certified or registered mail to the last known address of the person and in such case the person shall be deemed to have been served ten days after the date of mailing. 61

MOTOR TRANSPORT ACT

CHAPTER 18 Enrorcement or orders 25. An order of the board may be enforced in the same manner as an order of the Supreme Court, as if it was an order of that Court. Grounds or appeal 26. An appeal lies from an order of the board to the Supreme Court upon (

a) any question involving the jurisdiction of the board, (

b) any question of law, or (

c) any question of fact. Appeal 27. An appeal shall be taken by notice of appeal given within 30 days from the date of the order, or such longer time as the Supreme Court may allow. Transmission or material to the court 28. When a notice of appeal has been delivered to the board, the secretary shall trans­ mit to the clerk of the Supreme Court all documents and material with respect to the maller. Decision or the court 29. The court may make any decision that the board may have made. Rules ror appeal 30. The Rules of the Supreme Court apply Lo appeals. Return or material to the board 31.

At the conclusion of an appeal, the clerk of the Supreme Court shall return to the secretary all documents and materials received from the secretary together with a copy of the court record and reasons for decision. Suspension or orders pending appeal 32. An order of the board is not suspended by an appeal, but the Suprcme Court or the board may suspend the order until the appeal is decided.

PART 3 CERTIFICATES AND TEMPORARY CERTIFICATES Application ror certificate 33. A person may apply for a certilicate to operate one or more motor vchiclcs on a high- way for the purpose of transporting goods or passengers for compensation by (

a) liling an application in the prescribed form with the board, (

b) paying the prescribed fee, and (

c) providing the board with such other information as may be requested. 62

CHAPTER 18 MOTOR TRANSPORT ACT Notice or intent to issue certilicate 34.

(1) Where, after receipt of an application together with the prescribed fee and such other information as may be requested, the board is satisfied that the applicant meets the prescribed fitness criteria, the board shall publish a notice of intent to issue a certificate on at least two occasions in a newspaper published in the Yukon.

(2) The notice shall include particulars of the application and shall indicate that if no objections are filed with the board by the date set out in the notice the board intends to grant a certificate to the applicant without a hearing. Proceeding where objections are filed 35.

(1) Where an interested person has filed an objection within the time set out in the notice, the board shall, if satisfied that the objection relates to whether the operation of the undertaking in respect of which the certificate is sought would be detrimental to the public in· terest, set a hearing date and give not less than 21 days notice to (

a) the objector, (

b) the applicant, and (

c) such other parties as the board deems appropriate.

(2) The notice under subsection (1) shall be delivered by certilied or registered mail to the parties, and the notice is deemed to be received ten days after mailing. Review or applicant's fitness where no relevant objections 36.

(1) The board shall forthwith proceed with a review of the applicant's fitness to provide the service applied for where (

a) no objections have been filed within the time set out in the notice of intent to issue a certilicate, or (

b) the board determines that the objections are not relevant to the question of whether issuing the certificate would be detrimental to the public interest.

(2) Where, after reviewing the applicant's fitness to provide the service pursuant to sub­ section (1) the board is of the opinion that the applicant has met the prescribed fitness criteria, the board shall issue a certificate to the applicant subject to sueh terms and conditions as it deems appropriate. Hearings 37.

(1) A hearing conducted by the board shall be held in public.

(2) The applicant and any person who has lilcd an objection in accordance with subsec­ tion 35(1) may appear at a hearing and be heard and shall have the right to produce evidence and cross-examine witnesses. .

(3) A person entitled to appear at a hearing may appear either personally or by agent. Onus on objector 38. At a hearing the onus is on the objector to satisfy the board that the operation of the undertaking which is the subject of the hearing would be detrimental to the public interest. 63

MOTOR TRANSPORT ACT

CHAPTER 18 Issuance of certificates 39.

(1) Upon receiving an application in accordance with the provisions of

section 33, and after consideration of, amongst other mallers, any objection relating to whether the un­ dertaking in respect of which the certificate is sought would be detrimental to the public in­ terest, the board may issue a certificate to the applicant subject to such terms and conditions it deems appropriate.

(2) Every certificate shall be in the prescribed form. Renewal 40.

(1) A certificate holder who wishes to renew the certificate shall, prior to the expira­ tion of the certificate or on any later date that the board may allow, apply to the board for a renewal by liIing an application for renewal together with the prescribed fee.

(2) The board may, if satisfied that the applicant meets the prescribed fitness criteria, authorize the renewal of the certificate. Expiration 41. Unless renewed pursuant to

section 40, a certificate expires on the expiry date shown on the certificate or, where no expiry date is shown, two years from the date of its issue. Refusal, amendment, revocation or suspension of certilicates 42.

(1) The board may, for cause, suspend, alter, amend or revoke a certificate or tem­ porary certificate.

(2) Subject to subsection (3), before making an order under this section, the board shall give the certificate holder an opportunity to be heard.

(3) When an insurance policy filed with the board pursuant to

section 49 is cancelled, is suspended or expires and another policy acceptable to the board has not been filed in its place, the board may, without a hearing, suspend or revoke the certificate or temporary certificate.

(4) The board may refuse to issue and renew or may suspend or cancel a certificate or temporary certificate (

a) when the certificate or temporary certificate holder fails to meet the prescribed fitness criteria, (

b) that was issued in error, or (

c) where it is found that a statement, false in any material fact, has been made in an application or in any rcport, document or information required from the applicant or a certificate or temporary certificate holder. Review of certilicates 43.

(1) If, in the opinion of the board, the authority conferred by a certificate has not been substantially exercised within a period of six months after the issue of the certificate, or during any period of 24 consecutive months, the board may (

a) cancel the certificate if the authority was not exercised, or (

b) amend the certificate in accordance with the actual exercise of the authority. 64

CHAPTER 18 MOTOR TRANSPORT ACT

(2) In determining whether a certificate holder has substantially exercised an authority undcr this section, the board shall consider the certificate holder's willingness and ability to provide the service.

(3) Before making an order under this

section the board shall give the certificate holder an opportunity to be heard. Application for temporary certificates 44. A person may apply for a temporary certificate for the operation of a motor vchicle on a highway for the purpose of transporting goods or passengers for compensation by (

a) filing an application in the prescribed form with the board, (

b) paying the prescribed fee, and (

c) providing the board with such other information as may be requested. Issuance of temporary certificates 45.

(1) Upon receiving an application for a temporary certificate in accordance with sec­ tion 44 or an application for a certificate in accordance with

section 33, the board may, after reviewing all information it deems relevant, issue a temporary certificate to the applicant sub­ jcct to such terms and conditions as it deems appropriate.

(2) Every temporary certificate shall be in the prescribed form.

(3) No temporary certificate shall be issued in respect of more than one vehicle and a tcmporary certificate is valid only for the vehicle described in the temporary certificate. Non-Transferable 46. A certificate or temporary certificate issued under this Act is non-transfcrablc. Unregistered Vehicles 47.

(1) A certificate is valid only for transporting goods in a vehicle that is registered pur­ suant to the Motor Vehicles Act.

(2) No temporary certificate shall be issued in respect of a motor vehicle unless (

a) that vehicle is registered pursuant to the Motor Vehicles Act, or (

b) a permit has been issued under the Motor Vehicles Act for that vehicle. Exclusive rights not granted 48. No certificate or temporary certificate confers exclusive rights on the holdcr or prccludes the board in any way from issuing any other certificate or temporary ccrtificate that thc board considers appropriate. Insurance 49. No certificate or temporary certificate shall be issued unless the applicant files with thc board any insurance policies, bonds or proof of insurance required by the regulations. I.D. plates or stickers 50. The holder of a certificate or temporary certificate shall display in the prescribed manner such identification plates or stickers as may be prescribed. 65

MOTOR TRANSPORT ACT

CHAPTER 18 Discontinuing bus service prohibited 51.

(1) No holder of a certilicate with respect to a scheduled bus service shall, without the approval ofthe board, discontinue in whole or in part any service for which the certilicate was issued.

(2) Where a service is discontinued contrary to subsection (1), the board may, after giving the certilicate holder an opportunity to be heard, (

a) amend, suspend or revoke the certificate, or (

b) order the restoration of the discontinued service until the certificate expires or such shorter period of time that the board deems appropriate.

(3) Prior to the holding of a hearing under subsection (2), the board may order the cer­ tificate holder to restore a discontinued service, which order remains effective for 45 days or until the hearing is completed and an order is issued, whichever occurs first. Obligations of cerlilicate holder for bus service 52. No driver of a bus used for the transportation of passengers on a specified route authorized pursuant to a certificate shall refuse to carry any person who tenders or has paid the fare, unless (

a) the seats of the bus are fully occupied, (

b) the person is in an intoxicated condition, or (

c) is conducting himself or herself in a disorderly manner. Production of certilicate 53. Every driver of a vehicle for which a certificate or temporary certificate is required shall produce a copy of the certificate or temporary certificate when requested to do so by an inspector at the time of the request or, within 48 hours, at a time and place designated by the inspector. Supplying inrormation 54. Every certificate or temporary certificate holder and every driver and occupant of a vehicle shall, on request, supply an inspector with any information the inspector requires for the purposes of this Act.

Prohibitions re certilicates 55. No person shall willfully deface or alter any certificate or temporary certificate. False statements 56. No person shall, in any information, report or document required for the purposes of this Act, make a false statement. OlTence 57. Any person who contravenes any provision of this Act, the regulations, the terms and conditions of a certificate or temporary certificate, an order of the board, or a direction of an inspector under subsection 19(3) is guilty of an offence and liable to a fine of not more than $5000. 66

CHAPTER 18 MOTOR TRANSPORT ACT Agreements with Canada 58. The Commissioner in Executive Council may, on behalf of the Government of the Yukon, enter into agreements with the Government of Canada in respect of any matter he or she considers advisable relating to the purposes and provisions of this Act. Reglllations

PART 4 REGULATIONS AND TRANSITION 59. The Commissioner in Executive Council may make regulations (

a) prescribing fees and charges payable to the board; (b) (c) (d) (e) (t) (

g) prescribing forms; prescribing compensation for board members and for experts; establishing board procedures and rules; respecting information to be filed with applications; prescribing fitness criteria including mechanical fitness, and insurance or bond requirements; respecting matters that shall or shall not be considered by the board in deter­ mining what is detrimental to the public interest; (

h) respecting identification plates and stickers and manner of displaying them; (

i) respecting the nature of freight that may be carried;

U) respecting the routes and areas for which certificates and temporary certifi­ cates may be issued; (

k) exempting persons or classes of persons from the requirements of the Act; (

I) exempting persons from the requirements of the Act when hauling specified goods; (

m) prescribing terms and conditions to which certificates or temporary certifi­ cates shall be subject; (

n) prescribing the number of temporary certificates a person may receive; (0) generally for carrying out the purposes and provisions of this Act. Transitional 60.

(1) Notwithstanding

section 41, a certificate or permit issued under The Motor Transport Act, R.S.Y. 1986, c. 117, that is valid on the day before the day on which this Act comes into force, continues to be valid until the earlier of (

a) the expiration date shown on the certificate or permit, and (

b) two years after the day on which this Act comes into force, unless sooner suspended, revoked or cancelled under this Act. 67

MOTOR TRANSPORT ACT

CHAPTER 18

(2) The MotorTransport Board appointed under the predecessor to this Act shall con­ tinue and have all of the powers of the board under this Act until replaced pursuant to sec­ tion3. Repeal 61. The Motor Transport Act R.S.Y. 1986, c.117 is repealed. Commencement 62. This Act comes into force on September 1, 1988. 68

CHAPTER 19

AN ACT TO AMEND THE MOTOR VEHICLES ACT

CHAPTER 19 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE MOTOR VEHICLES ACT (Assented to April 12, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Motor Vehicles Act.

Section 231 is amended in paragraphs (a), (

b) and (

c) by adding the expression "or, under

section 234, 234.1, 235 or 236 of the Criminal Code (Canada) as it read prior to Decem­ ber 4, 1985," immediately after the expression "under

section 237 or 238 of the Criminal Code (Canada)". 69

CHAPTER 20

AN ACT TO AMEND THE MUNICIPAL ACT

CHAPTER 20 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE MUNICIPAL ACT (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Municipal Act. 2. In subsection 70(2) of the Act, the expression "Executive Council Member" is sub­ stituted for the expression "Commissioner in Executive Council". 3. In sections 183 and 185 of the Act the expression "by bylaw" is deleted. 4. (1) in subsection 193(1) of the Act, (

a) the expression "officers, employees, and councillors" is substituted for the expression "officers and employees", and (

b) the expression "officer, employee, or councillor" is substituted for the ex­ pression "officer or employee".

(2) The following subsections are added to

section 193: "

(3) A municipality is not liable, for anything done or omitted, and without negligence, in the exercise of a power conferred by this Act.

(4) No councillor, officer, or employee of a municipality is liable and no other person acting on the lawful instructions of the municipality is liable for any­ thing he or she does or omits to do, lawfully and without negligence, in the exercise of a power conferred by this Act." S.

Section 210 of the Act is repealed. 6. The following subsections are substituted for subsections 215(1) and (2): "

(1) The council may by bylaw authorize that money of the municipality, other than money the municipality holds in trust, may be invested in any of the fol­ lowing: (

a) securities that are obligations of or guaranteed by Canada or a province; (

b) fixed deposits, notes, certificates and other short term paper of or guaranteed by a bank listed in

Schedule A to the Bank Act (Canada), which may include swapped deposit transactions in currency of the United States. 71

AN ACT TO AMEND THE MUNICIPAL ACT

CHAPTER 20

(2) Money of a municipality may not be invested except in accordance with sub­ section (1)." 7. In paragraph 214(1)(

a) of the Act the word "ensuring" is substituted for the word "en­ suring". 8. In subsection 217(1)(

a) of the Act, the expression "proposed application of funds" is substituted for the expression "proposed source and application of funds". 9. The following subsection is substituted for subsection 218(1) of the Act: "

(1) Except as permitted under subsection 228(3), where a council proposes an expenditure on a capital item or an aggregation of capital items in one scheme and the expenditure exceeds the amount of the municipal infrastruc­ ture grant under the Municipal and Community Infrastructure Grants Act that the municipality is eligible for in the year in which the council makes its proposal, the council may not autorize the expenditure unless the taxpayers first assent to the expenditure." 10.

(1) The following paragraph is added to subsection 241(2): "(

C) such other information as the Commissioner in Executive Council may by regulation require." (2) Subsection 241(7) of the Act is repealed. 11. In

section 244 of the Act the expression "Upon receipt of the report, if any, referred . to in

section 243 and" is repealed. 12. The following subsection is added to

section 248 of the Act: "

(6) A bylaw under subsection (1), (4), or (5) may authorize an officer or employee of the municipality to makc the acquisition, sale, or lease on be­ half of the municipality." 13. The following subsection is added to

section 250 of the Act: "

(2) A bylaw under subsection (1) may authorize an officer or employee of the municipality to acquire the land on behalf of the municipality." 14. The following subsection is added to

section 251 of the Act: "

(3) A bylaw under subsection (1) of (2) of may authorize an officer or employee of the municipality to make the acquisition, lease, or rental on behalf of the municipality." 15. The following subsection is added to

section 319 of the Act: "

(6) Where the council of the municipality has adopted an official community plan in accordance with this Part, the Executive Council Member may, for so long as the plan is in effect, exempt the municiaplity from the obligation to comply with subsection (1)." 16. The following expression is inserted at the end of subsection 323(5) of the Act: "within 30 days of the day the decision appealed against is given." 72

CHAPTER 20

AN ACT TO AMEND THE MUNICIPAL ACT 17. In paragraph 331(8)(b), the expression "waived in whole or in part" is substituted for the expression "waived in total". 18.

(1) In subsection 354(1) of the Act the expression "In addition to the right to appeal to the board of variance, otherwise provided in this Part" is deleted.

(2) The following subsection is added to

section 354 of the Act: "

(5) An appeal under paragraph (l)(

a) may only be taken within 30 days of the misapplication that is alleged." 19. The following subsection is added to

section 378 of the Act: "

(3) Notwithstanding subsection (1), council may bty bylaw cancel any arrears of fees, penalties, or interest charges that are prescribed by bylaw and that, in the opinion of council, are no longer collectable from the person liable to pay them."

Section 417 of the Act is repealed. 73

CHAPTER 21

AN ACT TO AMEND THE MUNICIPAL FINANCE ACT

CHAPTER 21 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE MUNICIPAL FINANCE ACT (Assented to April 12, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Municipal Finance Act. 2. In

section 11 of the Act, the expression "a rate not exceeding the rate of increase in the total expenditures" is substituted for the expression "a rate not exceeding the lesser ofthe rate of increase in the total revenues or expenditures", 3. The following

section is added immediately after

section 11 of the Act: "11.1 Where, pursuant to

section 11, an increase is possible in the annual aggregate of municipal operating grants, the Executive Council Member may distribute that aggregate among the municipalities in the following manner instead of pursuant to sections 8 and 9, namely, by increasing the municipal operating grant which was last paid to the municipality by the same percentage as the percentage by which the aggregate of funds available for grants to municipalities under

section 11 increased," 75

CHAPTER 22

AN ACT TO AMEND THE OCCUPA TlONAL HEAL TH AND SAFETY ACT

CHAPTER 22 (STATUTES OF THE YUKON, 1988)

AN ACT TO AMEND THE OCCUPATIONAL HEALTH AND SAFETY ACT (Assented to May 18, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1. This Act amends the Occupational Health and Safety Act.

Section 1 is amended by striking out the delinition of "designated substance" and ad- ding the following delinition: " 'controlled product' means any product, material or substance specilied by the regulations made pursuant to paragraph 15(1)(

a) of the Hazardous Products Act (Canada) to be included in any of the classes listed in

Schedule 11 of that Act;"

Section 8 is amended by adding the phrase "controlled product" immediately after the word "tool" throughout. 4. In paragraph 13( 4)(

b) the expression "controlled products" is substituted for the ex­ pression "designated substances". 5. The delinition of "serious accident" in subsection 33(1) is amended in paragraph (

i) of the delinition by substituting the expression "controlled product" for the expression "desig­ nated substance". 6. The following paragraph is substituted for paragraph 35(2)(k): "(

k) require an employer to produce material data safety sheets and any other records of information relating to any controlled products or combination of such products used or intended to be used in a workplace." 7. In subsection 50(1) the expression "Where a controlled product or combination of such products" is substituted for the expression "Where a biological, chemical or physical agent, or combination of such agents". 8. In paragraph 50(2)(

a) the expression "the controlled product or combination of such products" is substituted for the expression "the biological, chemical or physical agent, or com­ bination of such agents." 9. The following paragraph is substituted for paragraph 50(4)(a): "(

a) the reaction of the controlled product, combination of such products or by­ product to a controlled product that is known to be a danger to health," 77

AN ACT TO AMEND THE OCCUPA TlONAL HEAL TH AND SAFETY ACT

CHAPTER 22 10. The following paragraph is substituted for paragraph 50(4)(b): "(

b) the quantities ofthe controlled product, combination of such products or by­ product to a controlled product, present, used or intended to be used,". 11. In paragraph 50(4)(

e) the expression "the controlled product" is substituted for the word "agent". 12. In paragraph 50( 4)(

t) the expression "the controlled product or combination of such products" is substituted for the expression "the biological, chemical, or physical agent, or com­ bination of such agents". 13. In paragraph 53(1)0) the expression "the controlled product" is substituted for the expression "designated substance". 14.ln paragraph 53(1)(

k) the expression "the controlled product" is substituted for the expression "designated substance". 15. This Act shall come into force on October 3],1988. 78

CHAPTER 23 PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT

CHAPTER 23 (STATUTES OF THE YUKON, 1988) PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT (Assented to January 8, 1988) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows:

Interpretation 1.

In this Act, "agency" means a private investigation agency, security guard agency, securit y consulting agen­ cy or burglar alarm agency; "agent" means a private investigator, security guard, security consultant or burglar alarm agent; "burglar alarm agency" means the business of installing or servicing burglar alarm systems or monitoring a signal from a premises protected by a burglar alarm system or providing the services of burglar alarm agents; "burglar alarm agent" means a person, who for consideration, or in the hope or expectation thereof, installs, services, or patrols a burglar alarm system or acts as an operator to receive signals or responds in person to alarm warnings of a burglar alarm system; "burglar alarm system" means a system consisting of a device or devices to provide warnings against intrusion including burglary, robbery, theft or vandalism; "private investigation agency" means the business of providing the services of private inves­ tigators; "private investigator" means a person, who for consideration, or in the hope or expectation thereof, investigates and furnishes information and includes a person who (

a) searches for and furnishes information as to the personal character or ac- tions of a person, or the character or business or occupation of a person, (

b) searches for offenders against the law, (

c) searches for missing persons or property, (

d) performs shopping or other services in civilian or plain clothes for a client for the purpose of reporting to the client upon the conduct, integrity or trustworthiness of the person's employees or other persons, or (

e) performs services in civilian or plain clothes for the prevention or detection of shoplifting; 79

PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT

CHAPTER 23 "registrar" means the registrar of private investigation and security services; "security consultant" means a person who, for consideration, or in the hope or expectation thereof, advises or consults on security systems and does not otherwise act as a private investigator, security guard or burglar alarm agent and includes a person who inspects premises or other property for devices capable of intercepting private communications; "security consulting agency" means a business of providing security consultants; "security guard" means a person who, for consideration, or in the hope or expectation there­ of, guards or patrols for the purpose of protecting persons or property and includes a person who (

a) on behalf of a security guard agency, supervises and inspects security guards while they are guarding or patrolling, (

b) guards or transports valuable property in an armoured vehicle or other vehicle whether or not such property is owned by his or her employer, or (

c) accompanies a guard dog while the dog is guarding or patrolling; "security guard agency" means the business of providing the services of security guards or of guard dogs. Exemptions 2.

(1) This Act does not apply to a member of the Royal Canadian Mounted Police, or any peace officer while acting within the authority of his or her appointment.

(2) This Act does not apply to a barrister and solicitor in the regular practice of his or her profession.

(3) This Act does not apply to an insurance adjustment agency, an insurance company, or the Fire Underwriters Investigation Bureau of Canada Incorporated while engaged in the usual course of its business or their employees or agents while acting in the usual and regular scope of their employment.

(4) This Act does not apply to a person engaged only in the business of obtaining or fur­ nishing information as to the financial rating or standing of persons.

(5) This Act does not apply to an agent permanently employed by one employer in a business or undertaking other than the business of providing the service of agents and whose work is confined to the affairs of that employer.

(6) This Act does not apply to a person who sells or provides a burglar alarm system where no surveyor inspection of the premises to be protected by the system is carried out by the person or the person's employee where the person does not install, service, test, monitor, or patrol the system.

(7) This Act does not apply to a person who services and repairs a burglar alarm system where the burglar alarm system is delivered to the person for service or repair.

(8) This Act does not apply to a person acting in his or her capacity as a locksmith. Registrar of private investigation and security services 3. There shall be a registrar of private investigation and security services. 80

CHAPTER 23 PRIVA TE INVESTIGATORS AND SECURITY GUARDS ACT Carrying on the business or an agency 4. No person shall carry on or hold himself or herself out as carrying on the business of an agency unless the person is the holder of an agency licence issued under subsection 11(1). Private investigators 5.

(1) No person shall act as a private investigator unless the person is the holder of an agent's licence issued under subsection 15(1).

(2) Where a person who resides outside the Yukon, and is employed there by or on be­ half of an employer or client who resides outside the Yukon, makes an investigation or inquiry partly outside the Yukon and partly within the Yukon and temporarily comes into the Yukon solely for the purpose ofthat investigation or inquiry, nothing in this

section requires that per­ son or the person's employer to be the holder of a licence under this

section so long as the work of that person within the Yukon is restricted to the making of the investigation or inquiry for which the person was employed for outside the Yukon. Security guards 6.

(1) No person shall act as a security guard unless the person is the holder of an agent's liccnce issued under subsection 15(1).

(2) Where a person acts as a security guard for more than one person or furnishes security guards to any person, the person shall be deemed to be providing security guard services for the purpose of this Act. Burglar alarm agents 7.

(1) No person shall act as a burglar alarm agent unless the person is the holder of an agent's licence issued under subsection 15(1).

(2) Where a person provides burglar alarm devices for more than one person or fur­ nishes burglar alarm agents to any person, the person shall be deemed to be providing burglar alarm service for the purposes of this Act. Security consultants 8_(1) No person shall act as a security consultant unless the person is the holder of a security consultant's licence issued under subsection 15(1).

(2) Where a person provides security consultants for any person, the person shall be deemed to be providing security consulting services for the purposes of this Act. Eligibility for agency licence 9.

(1) No person shall be eligible for an agency licence unless (

a) an application has been made under

section 10, (

b) the person is (

i) a citizen of Canada, or (ii) has the status of a permanent resident of Canada, and (

c) the person has an office for the agency in the Yukon approved by the registrar. 81

PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT

CHAPTER 23

(2) Where a person is a partnership or a corporation, and all ofthe partners or a majority of the members of the board of directors, as the case may be, are citizens of Canada or per­ sons having the status of permanent residents of Canada, the person is deemed to have met the requirements of paragraph (l)(b).

(3) Where the applicant for an agency licence, or the person who will manage the busi· ness of an agency, has been found guilty or convicted of an offence under the Criminal Code (Canada) or the Narcotic Control Act (Canada) that the registrar considers relevant to the fitness of the person to carry on or manage the business and where no pardon has been granted in respect of the conviction, no agency licence shall be issued to the applicant.

(4) Where the applicant is a partnership or a corporation and any of the partners or directors, as the case may be, has been found guilty or convicted of an offence under the Criminal Code (Canada) or the Narcotic Control Act (Canada), the applicant shall be deemed to have been found guilty or convicted of the offence for the purposes of subsection (3). Application for agency licence 10.

(1) An application for an agency licence shall be made in the prescribed form to the registrar and shall be accompanied by (

a) the prescribed fee, (

b) proof of liability insurance in the prescribed amount, (

c) Proof of a bond in the amount and form as may be required by the registrar, and (

d) an affidavit of the applicant verifying the truth of the matters set out in the application.

(2) Where the applicant is a partnership, each of the partners shall complete the affidavit under paragraph (l)(

c) and where the applicant is a corporation, each of the directors shall complete the affidavit required under paragraph (l)(c). Issuance and expiry of agency licence 11.

(1) Where a person has made an application under

section 10 and the registrar is satisfied that the applicant is eligible under

section 9, the registrar may issue an agency licence to the applicant.

(2) An agency licence issued under subsection (1) expircs on March 31 in the calendar year following the year in which the licence was issued, unless sooner cancelled. Employment of agents 12. No person who is the holder of an agency licence shall employ as an agent a person who is not the holder of an agent's licence issued under subsection 15(1). Application for agent's licence 13. An application for an agent's licence shall be made in the prescribed form to the registrar and shall be accompanied by (

a) the prescribed fee, 82

CHAPTER 23 PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT (

b) an affidavit of the applicant showing what, if any, convictions under the Criminal Code (Canada) and the Narcotic Control Act (Canada), there are against him or her, (

c) the applicant's fingerprints in the manner set out in the regulations, (

d) a letter signed by an agency stating that the applicant is or will be employed by that agency as an agent, and (

e) such other information as may be prescribed. Criminal Code convictions 14. Where the applicant for an agent's licence has been found guilty or convicted of an offence under the Criminal Code (Canada) or the Narcotic Control Act (Canada) that the registrar considers relevant to the fitness of the person to act as an agent and where no par­ don has been granted in respect of the conviction, no agent's licence shall be issued to the ap­ plicant. Issuance and expiry of agent's licence 15.

(1) Subject to

section 14 and the regulations, where a person has made an applica­ tion under

section 13, the registrar may issue an agent's licence to the applicant.

(2) An agent's licence issued under subsection (1) expires on March 31 in the calendar year following the year in which the licence was issued, unless sooner cancelled or terminated.

(3) A temporary agent's licence terminates in accordance with the regulations.

(4) An agent's licence (

a) terminates when the agent is no longer employed by an agency, and (

b) is suspended or cancelled, as the case may be, on the suspension or cancel­ lation of the agency licence of the agent's employer. Suspension or cancellation of licence 16.

(1) The registrar may suspend or cancel a licence issued under this Act to an agent or an agency where the agent, the agency, or one of the partners or directors of the agency (

a) is convicted of an offence that the registrar considers relevant to the fitness of the person to act as an agent or the agency to carry on or manage the busi­ ness, (

b) is convicted of a contravention of this Act, (

c) has knowingly made an untrue statement in the application for a licence or in a return made or information produced to the registrar, or (

d) neglects or refuses to make a return or to produce to the registrar any infor­ mation required pursuant to this Act.

(2) Where an agency fails to pay a judgment against itself for damages sustained by reason of

an act or omission of the agency or of an employee of the agency done or occurring or in connection with the business or employment in respect of which the licence is held, the registrar may suspend or cancel the agency's licence. 83

PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT

CHAPTER 23 Renewal of licence 17. An application for renewal of a licence issued under this Act shall be made in the prescribed form to the registrar and shall be accompanied by (

a) the prescribed renewal fee, and (

b) such other information as may be prescribed. Change in board of directors of a corporate agency 18.

(1) Where an agency is a corporation, the agency shall notify the registrar of an