Revised Ordinances of the Yukon Territory, 1971 — Volume 1 — Ordinance respecting the Revised Ordinances of the Yukon Territory, 197; Northern Inland Waters Act; Territorial Lands Act

R.O.Y.T. 1971 v.1

Yukon — Historical Statutes

REVISED ORDINANCES OF THE YUKON TERRITORY 1971 VOLUME I Chap. A-l/J-3 Being a Revision of the Consolidated Ordinances of the Yukon Territory, 1958, with the subsequent Public General Ordinances consolidated to the 31st day of December, 1971. Proclaimed to come into operation on the 1st day of April, 1972, pursuant to

Chapter 2 of the Ordinances of 1971 (Third Session), A n Ordinance Respecting the Revised Ordinances of the Yukon Territory, 1971. PUBLISHED UNDER THE AUTHORITY OF H. J. TAYLOR, QUEEN'S PRINTER

TABLE OF CONTENTS VOLUJ"IE I Page An Ordinance Respecting the Revised Ordinances of the Yukon Territory, 1971. . vii

Schedule A-Revised Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . XI

CHAPTER

SHORT TITLE A-I A-2 A-3 A-4 A-5 B-1 B-2 B-3 B-4 B-5 C-l C-2 C-3 C-4 C-5 C-6 C-7 C-8 C-9 C-1O C-ll C-12 C-13 C-14 C-15 C-16 C-17 C-18 C-1!.J C-20 C-21 C-22 C-23 D-l D-2 D-3 D-4 D-5 D-6 D-7 E-l E-2 E-3 E-4 E-5 E-6 E-7 E-8 Apprentice Training... . . . . . . . . . . . . . . . . . . . . ............ . Arbitration ...................................................... . Archives ........................................................ . Area Development ............................................... . Assignment of Book Debts ........................................ .

Bills of Sale ..................................................... . Blasting ........................................................ . Brands ......................................................... . Bulk Sales ...................................................... . Business Licence .............................................. . Cancer Diagnosis ................................................ . Cemeteries and Burial Sites ....................................... . Change of Name ................................................. . Child WeHare ................................................... .

Chiropractic ..................................................... . Choses in Action ................................................. . Citizenship Instruction Agreement ................................. . Civil Emergency Measures ........................................ . Collection ....................................................... . Companies ...................................................... . Conditional Sales ................................................ . Condominium ................................................... . Consumers' Protection ........................................... .

Contributory Negligence .......................................... . Controverted Elections ........................................... . Co-operative Associations ......................................... . Cornea Transplant ............................................... . Coroners ........................................................ . Corporation Securities Registration ................................. . Court of Appeal. ................................................ . Credit Unions ................................................. . Creditors' Relief ................................................. .

Curfew ......................................................... . Defamation ..................................................... . Dental Profession ................................................ . Dependants' Relief ............................................... . Devolution of Real Property ...................................... . Diaabled Persons' Allowance ...................................... . Distress ........................................................ . Dog ............................................................ . Elections ....................................................... .

Electrical Protection ............................................. . Elevator and Fixed Conveyances .................................. . Employment Agencies ............................................ . Engineering Profession ........................................... . Evidence ....................................................... . Exemptions ..................................................... .

Expropriation ................................................... . iii 1 7 17 21 23 31 49 55 63 71 75 77 79 87 121 129 131 133 137 143 309 319 339 393 395 403 421 423 445 451 455 477 495 497 505 513 519 525 529 533 537 549 555 561 563 577 603 605

CHAPTER

SHORT TITLE F-l F-2 F-3 F-4 F-5 F-6 F-7 F-8 F-9 F-10 F-ll F-12 0-1 0-2 0-3 0-4 H-l H-2 H-3 H-4 H-5 H-6 1-1 1-2 1-3 1-4 J-1 J-2 J-3 L-1 L-2 L-3 L-4 L-5 L-6 L-7 L-8 L-9 L-10 L-11 M-I M-2 M-3 M-4 M-5 M-6 M-7 M-8 M-9 M-IO M-11 N-l N-2 N-3 0-1 0-2 P-1 Factors.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... . Fair Practices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... . Fatal Accidents. . . . . . . . . .................................... . Financial Administration. . . . . . . . . . . . . . . . . . . . . . ...... .

Fire Prevention. . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . .......... . Fitness and Amateur Sport Agreement ............................. . Flag ........................................................... . Floral Emblem. . . . . . . . ................................... . Forest Protection ................................................ . Frustrated Contracts ............................................. . Fuel Oil TUl(. • . . . . . . . . ....................................... . Fur Export.. . . ..... .. . ....................................... .

Game .......................................................... . Gaols................ . ............................... . Garage Keepers' Lien ............................................ . Oarnishee............ .. .. . ............................... . Health Care Insurance Plan ....................................... . Historic Sites and Monuments ..................................... . Hospital Insurance Services. . . ................... . Hotels and Tourist Establishments ................................. . Housing ........................................................ .

Housing Development. . . ................................ . Immunity of Members ........................................... . Insurance .................................................. .

Interpretation ................................................... . Intestate Succession. . . . . . . . . . . . . . . . . . . . . . . . . . . ............... . Judicature. . . . . . . . . . . ............................... . Jury.... ................... . .............................. . Justice of the Peace .............................................. . VOLu~m II Labour Standards ................................................ . Landlord and Tenant ............................................. . Lands .......................................................... .

Legal Profession ................................................. . Leg?,l. Pro~ession Accounts ........................................ . Legitimation .................................................... . Limitation of Actions ............................................ . Liquor .................................................... . Local Improvement District ..................... ' .................. . Lord's Day ..................................................... . Low Cost Housing ............................................... . Magistrate's Court ............................................... .

Maintenance .................................................... . Marriage ....................................................... . Married Women's Property ....................................... . Mechanics' Lien. . . . . . . ................................... . Medical Profession ............................................... . Mental Health .................................................. . Miners' Lien .................................................... . Mining Safety ................................................... . Motion Pictures ................................................. .

Motor Vehicles .................................................. . Newspaper ...................................................... . Noise Prevention ................................................ . Notaries ................................ , ....................... . Old Age Assistance and Blind Persons' Allowance .................... . Optometry ...................................................... . Partnership ..................................................... .

IV PAGE 615 621 627 631 645 657 659 661 663 673 677 683 687 723 725 733 741 751 755 761 769 771 779 781 863 877 881 907 921 923 941 969 971 981 987 989 1007 1039 1047 1053 1055 1065 1071 1097 1101 1113 1123 1127 1137 1157 1163 1235 1237 1239 1243 1247 1253

CHAPTER

SHORT TITLE PAGE 1275 1270 1287 1303 1305 1311 1313 1323 1325 1339 1383 1387 1395 1397 1401 1405 1425 1431 1465 1467 1491 1497 1515 1527 1529 1531 1533 1535 1539 1543 1557 1577 1579 1611 1619 1623 1635 1645 P-2 P-3 P-4 P-5 P-6 P-7 P-8 P-9 P-IO P-ll R-I R-2 R-3 R-4 R-5 S-I S-2 S-3 S-4 S-5 S-6 S-7 S-8 8-9 S-1O S-l1 T-I T-2 T-3 T-4 T-5 V-I V-2 W-1 W-2 W-3 W-4 W-5 Pawnbrokers and Second-Hand Dealers ............................. . Perpetuities ..................................................... . Pharmaceutical Chemists ......................................... .

Plebiscite ................................................ . Pounds ......................................................... . Presumption of Death. . . . . . . . . . . . . . ....................... . Public Health ................................................... . Public Printing .................................................. . Public Service. . . . . . . . . . ................................. . Public Service Staff Hclations ..................................... . Reciprocal Enforcement of Judgments .............................. . Reciprocal Enforcement of Maintenance Orders ...................... .

Recording of Evidence by Sound Apparatus ......................... . Regulations ..................................................... . Rehabilitation Services. . . . . . . . . . . . . . . . . . . . . ................... . Sale of Goods ................................................... . Saw Logs Driving ................................................ . School. ......................................................... . Scientists and Explorers .......................................... . Securities ....................................................... .

Social Assistance ................................................. . Societies ........................................................ . Steam Boilers ................................................... . Students' Grants ................................................ . Superannuation, Territorial Employees' ............................. . Survivorship .................................................... . Tenants in Common ............................................. . Terri torial Court. . . . . . . . . . . . . ................................ .

Trade Schools Regulation ......................................... . Transport Public Utilities ......................................... . Trustee ......................................................... . V aria tioD of Trusts .............................................. . Vital Statistics .................................................. . Wages Recovery ................................................. . \Varehousemen's Lien ............................................ . \Vills ........................................................... . Woodmen's Lien ................................................. .

Workmen's Compensation ........................................ .

Schedule B-Grdinances and Portions oC Ordinances Repealed... . . . . . . . . . . . . . . 1689 AI'I'EXDlX List oC Ordinances and Parts oC Ordinances Not Repealed and Not Con- solidated... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 1697 Yukon Act (Office Consolidation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1711 Northern Inland Waters Act (Office Consolidation) . . . . . . . . . . . . . . . . . . . 1729 Territorial Lands Act (Office Consolidation)... . . . . . . . . . . . . . . . . . . . . . . . 1747 Yukon Placer Mining Act (Office Consolidation). . . . . . . . . . . . . . . . . . . . . . 1755 Yukon Quartz Mining Act (Office Consolidation). . . . . . . . . . . . . . . . . . . . . 1789 v

Revised Ordinances of the Territory REVISED ORDINANCES OF THE TERRITORY I. In this Ordinance, "Revised Ordinances" means the Revised Ordinances of the Yukon Territory, 1971. 2.

(1) Subject to this Ordinance, the Ordinances contained in

Schedule A are hereby declared to be law as though they were enacted by this Ordinance.

(2) The Revised Ordinances shall come into force on the first day of April, 1972, or such earlier day as may be fixed by order of the Commissioner. 3. Subject to this Ordinance, from the coming into force of the Revised Ordinances, the Ordinances and portions of Ordi nances in

Schedule B are repealed to the extent mentioned in the fourth column of that Schedule. 4. The repeal of the Ordinances and portions of Ordi nances in

Schedule B does not revive any Ordinance or provision of law repealed by any of them, nor does the repeal prevent the effect of any saving clause in any of those Ordinances or portions of Ordinances, or of the application of any of those Ordinances or portions of Ordinances, or of any Ordinance or provision of law formerly in force, to any transaction, matter or' thing anterior to the repeal to which they would otherwise apply. 5. The repeal of the Ordinances and portions of Ordi nances in

Schedule B does not defeat, disturb, invalidate or affect "Re\"ised Ordinances" Confirmalion Coming inlO (orce Repeslof Ordinances Effecl of repesl (

a) any penalty, forfeiture or liability, civil or criminal, Penshies. elc. incurred prior to the time of the repeal, or any pro- ceeding for enforcing it, had, done, completed or pend- ing at the time of the repeal; (

b) any indictment, information, conviction, order, sent- lndiclmenls.elc ence or prosecution had, done, completed or pending at the time of the repeal; (

c) any action, suit, judgment, decree, certificate, execu- AClions. ele tion, distress, process, order, rule or any proceeding, vu

Am. deeds. righl~. elc. Offires. elr. Olher matters Not new Jaws When efierlive Construction where Ordi nances differ Revised Ordinances of the Ten-itory matter or thing whatsoever respecting it, had, pending, existing or in force at the time of the repeal; (cl) any act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-I a w, ru le, order-in council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter or thing had, done, made, acquired. established or existing at the time of the repeal; (

e) any office, appointment, commission, salary, remuner ation, allowance, security or duty or any matter or thing appertaining theret.o at the time of the repeal; or (

j) any other matter or thing whatsoever had, done, com- pleted, existing or pending at the time of the repeal; and the same shall remain and continue as if the repeal had not taken place, and, so far as necessary, may and shall be continued, prosecuted, enforced and proceeded with under the Revised Ordinances and the other Ordinances and laws in force in the Territory, and, subject to the provisions of the several Ordinances and laws, as if the repeal had not taken place. 6.

(1) The Revised Ordinances shall not be held to operate as new laws, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the Ordinances and portions of Ordinances so repealed, and for which the Revised Ordinances are substituted_

(2) The various provisions of the Revised Ordinances corre sponding to, and substituted for, the provisions of the Ordi nances and portions of Ordinances so repealed shall, where they are the same in effect as the Ordinances and portions of Ordinances so repealed, be held to operate retrospectively as well as prospectively and to have been enacted or to have become effective upon the days respectively upon which the Ordinances and portions of Ordinances so repealed came into effect or from which they were stated to be effective, as the case may be.

(3) If, upon any point, the provisions of the Revised Ordi nances are not in effect the same as those of the repealed Ordinances and portions of Ordinances for which they are substituted, then as respects all transactions, matters and things subsequent to the coming into force of the Revised Ordinances, the provisions contained in the Revised Ordi nances shall prevail, but as respects all transactions, matters and things anterior to that time, the provisions of the viii

Revised OrdinQnces 0/ the Territory repealed Ordinances and portions of Ordinances shall prevail. 7. A reference in any Ordinance enacted prior to the coming into force of the Revised Ordinances and remaining in force after that time. or in anv instrument or document. to any Ordinance or portion of an);' Ordinance so repealed shidl, from and after the coming into force of the Revised Ordi nances, be held as regards any subsequent transaction. matter or thing to be a reference to the enactments in the Revised Ordinances having the same effect as the repealed Ordinance or portion of it. 8. The inclusion of any Ordinance in

Schedule B shall not be construed as a declaration that the Ordinance or anv portion of it was or was not in force immediately prior to thOe coming into force of the Revised Ordinances, 9.

(1) Copies of the Revised Ordinances purporting to be printed by the Queen's Printer shall be received as evidence of such Revised Ordinances in all courts and places whatso ever, without further proof of any kind,

(2) The Queen's Printer may print and publish an edition of the Revised Ordinances in what is commonlv known as a looseleaf form so that the separate pages th~reof are not bound together but are punched so that they may be cOI1\'en iently held together by a temporary fastening and removed or new pages inserted, or both, from time to time, Reference 10 provisioll5 in ,epeoled Ordi· nance::: Erierlo; inclu5ion in Srhedule Copi., oi Oroinances AS e"idenre Audlorit\'lor loo:ielpui 1·"iIlOI~ Puhlic.l1on oi

(3) Where the Queen's Printer prints and publishes an edition of the Revised Ordinances as provided in subsection :~endmen", (2), he may also print and publish in similar looseleaf form. punched in the manner and for the purpose mentioned in subsection (2). (

a) any amendment subsequently made by an Ordinance of the Yukon Territorv to anv Ordinance included in the Revised Ordinances, and . (

b) any new Ordinance enacted. and that is either (

i) substituted for. and replacing, an Ordinance that is included in the Revised Ordinances. and that is repealed by the new Ordinance, or ' (ii) not included in the Revised Ordinances, notwithstanding that. in printing any amendment to which paragraph (

a) applies. it may be necessary for the purpose of including it in its proper place on a page. to reprint part of an Ordinance that is not so amended, ix

Interpretation Citation Puhlir"tion of Ordinanre Puhlication of appennices Revised Ordinances of the Territory 10. Except as otherwise provided in this Ordinance, the rules of construction and

interpretation set forth in the Inter pretation Ordinance,

Chapter 1-3 of the Revised Ordinances of the Yukon Territory, 1971, apply to the Revised Ordinances and to this Ordinance. 11. Any Ordinance included in the Revised Ordinances may be cited or referred to in any Ordinance or proceedings either by its titlp. as an Ordinance or its

short title as inrlicat ed therem, together with the expression "chapter ... of the Revised Ordinances of the Yukon Territory, 1971". 12. A copy of this Ordinance may be printed in both the bound and looseleaf editions of the Revised Ordinances and may be printed and published with the Ordinances enacted at the Session of the Council during which this Ordinance is enacted. 13. The Commissioner may cause to be printed in both the bound and looseleaf editions of the Revised Ordinances. appendices containing: . (

a) a list of Ordinances and portions of Ordinances not repealed and not consolidated; (

b) office consolidations of any federal acts; and (

c) any Orders-in-Council or regulations made under the authority of a federal act.

SCHEDULE A REVISED ORDINANCES OF THE YUKON TERRITORY 1971

Apprentice Training Chap. A·I

CHAPTER A.I APPRENTICE TRAINING ORDIN ANCE

SHORT TITLE 1. This Ordinance may be cited as the .4pprenlice Training Shorl title Ordinance. 1964 (2nd) c. 1, s. 1. INTERPRETATIO!\" 2.

(1) In this Ordinance "apprentice" means a person who has entered into an agree ment with the Commissioner, pursuant to

section 6. under which that person undertakes to pursue a course of training in a designated occupation; "designated occupation" means an occupation designated in the

Schedule or designated by the Commissioner. 1964 (2nd) c. 1, s. 2. ADMINISTRA TIO!\" 3.

(1) The Commissioner shall appoint a Superintendent of Apprentice Training who is charged with the administra· tion of this Ordinance and who shall perform such duties and have such powers as the Commissioner may direct. 1964 (2nd) c. 1, s. 3. 4-.

(1) The Commissioner may appoint inspectors of apprentice training who shall act under the direction of the Superintendent of Apprentice Training and who shall per form such duties and have such powers as the Commissioner may direct. 1964 (2nd) c. 1, s. 4. 5.

(1) There shall be a Board to be known as the Appren tice Advisory Board, and to consist of three members.

(2) The Superintendent of Apprentice Training shall be a member of the Apprentice Advisory Board and shall be chairman.

(3) The Commissioner shall appoint the other two mem bers of the Apprentice Advisory Board, one of whom shall be an employer of persons in a designated occupation and the other an employee in a designated occupation, who shall hold office during pleasure.

Definitions "apprenl ice" Ifdesignnted occupation!: Superi ntenden t oi Apprentice Training Inspectors of b[Jprentice training Apprentice Ad"i,or)" Boord estoblished Superintendent of Apprentice Troining to be chairmnn Commissioner to appoint two members

Cbap. A.I Remuneration Powers and duties Agreement between Com· missioner and person who wishes to be trained ,\'ho shall sign Agreement binding on minor Agreement between Com· missioner and employer Grants to apprentices and others Apprentice Training

(4) The members of the Apprentice Advisory Board shall be paid such remuneration and compensation as may be determined by the Commissioner.

(5) The Apprentice Advisory Board shall perform such duties and have such powers as the Commissioner may direct. 1964(2nd)c.l,s.5. AGREEMENTS 6.

(1) The Commissioner may enter into a written agree ment with any person who (

a) wishes to pursue a course of training in a designated occupation; (

b) is at least sixteen years of age; and (

c) resides in the Yukon Territory, upon such terms and conditions as the Commissioner may think fit, to provide for the training of that person In a designated occupation.

(2) An agreement referred to in subsection (1) is not bind ing upon the parties unless it is in writing and is signed (

a) by the Commissioner, (

b) by the person who wishes to pursue a course of training in a designated occupation, and (

c) by a parent or guardian if such person is a minor and resides with his parent or guardian.

(3) An agreement entered into by a minor pursuant to this

section is binding upon such, minor as if he had been of full age and capacity at the time the agreement was entered into. 1964 (2nd) c. I, s. 6. 7,

(1) The Commissioner may enter into an agreement with any person who (

a) wishes to employ an apprentice, and (

b) is capable of providing a course of practical training in a designated occupation, upon such terms and conditions as the Commissioner may think fit, to provide for the practical training of an appren tice in that designated occupation. 1964 (2nd) c. I, s. 7. GRAI\'TS 8.

(1) The Commissioner may make grants of money and provide goods or services to apprentices or to other persons employed in designated occupations, upon such terms and 2

.4pprenlice Training conditions as the Commissioner may prescribe. 1964 (2nd) c. 1, s. 8. REGULATIO~S Chap. A-I 9.

(1) The Commissioner may make regulations Regulnlions (

a) designating occupations to which this Ordinance applies; (

b) prescribing the qualifications necessary to become an apprentice in any designated occupation and the manner of establishing qualifications; (

c) prescribing the duration, nature and scope of the prac tical and theoretical training to be received by an apprentice in any designated occupation; (cl) providing for changes in the duration, nature and scope of practical or theoretical training of apprentices who have had experience in a designated occupation before becoming apprentices; (

e) prescribing the conditions under which agreements entered into pursuant to

section 6 or 7 may be ter minated or cancelled; (

j) prescribing the duties and obligations that shall be imposed upon and observed by an apprentice In respect of his employer; (

g) prescribing the duties and obligations that shall be imposed upon and obseved by an employer in respect of the apprentice employed by him; (

h) providing for the appointment of examining boards and prescribing the duties and remuneration of members; (

t) providing for the examination of apprentices, persons wishing to become apprentices and persons employed in designated occupations; and establishing the stand ards for examination; 0) providing for the issuance of certificates of status, certificates of completion of apprenticeship and other certificates of competence or proficiency, and prescrib ing the conditions for the issuance of the certificates; (

k) providing for the issuance of identification cards and requiring the production of such cards under certain conditions; (

f) providing for the recognition of certificates of occupa tional status or their equivalent, issued by any prov ince of Canada and prescribing the conditions for the issuance of certificates of status, certificates of comple tion of apprenticeship or other certificates of compe tence or proficiency to the holders thereof; 3

Chap. A.I Apprentice Training (

m) prescribing the working conditions, hours of labour and rates of wages for apprentices; (

n) prescribing the powers and duties of the Apprentice Advisory Board; (0) prescribing the powers and duties of the Superintend ent of Apprenticeship Training; (

p) prescribing the powers and duties of the inspectors of apprentice training; (

q) providing for inspection of the training of apprentices; (

r) providing for a system for recording the progress of the training of apprentices; (

s) providing for the keeping of records accessible to the public; (

t) providing for the making of grants of money to apprentices and other persons employed in designated occupations, and prescribing the conditions for eligibil ity, for the amount of and the manner of repayment of grants; (11) providing for the provision of goods or services to apprentices and other persons employed in designated occupations and prescribing the conditions for eligibili ty for such provision, the amounts to be provided and the manner of providing goods or services; (

v) providing for the repayment of any grant made to an apprentice or to a person employed in a designated occupation, providing for the repayment of the value of any goods or services directed to an apprentice or to a person employed in a designated occupation, and prescribing the conditions upon which such repayment is required and the manner in which such repayment is made; (

w) prescribing forms used for the purpose of this Ordi nance and the regulations; (

x) requiring payment of fees and prescribing the amount of fees paid in respect of any agreement, examination, perusal or search of records, for the issuance of any certificate or other document or for any other service provided pursuant to this Ordinance or the regulations; (

y) prescribing a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both fine and imprisonment to be imposed upon

summary con viction as a penalty for violation of a regulation; and (

z) generally for the carrying out of the purposes and to give effect to the provisions of this Ordinance. 1964 (2nd) c. 1, s. 9. 4

.4pprenlice Training GENERAL 10.

(1) All expenditures for the purposes of this Ordinance shall be paid out of money appropriated by the Commission er in Council.

(2) It is a term of every agreement entered into pursuant to this Ordinance providing for the payment of any money by the Commissioner that payment is subject to there being an appropriation of money by the Commissioner in Council for the purpose of discharging that commitment in the fiscal year in which the payment becomes due and is payable. 1964 (2nd) c. 1, s. 10.

SCHEDULE I l. Aero-Engine Mechanics 2. Air-Frame Mechanics 3. Auto-Mechanics (Mechanical) 4. Auto-Mechanics (Bodywork) 5. Automotive Parts man 6. Barber 7. Carpenter 8. Diesel Mechanics 9. Electrician 10. Equipment Mechanic 11. Grader (Lumber) 12. Heating &: Ventilation Mechanic 13. Heavy Duty Equipment Mechanic 14. Heavy Duty Equipment Operator 15. Hairdresser 16. Machinist 17. Millwl ight 18. Office Equipment Mechanic 19. Painter & Decorator 20. Power Plant Operator (Diesel) 21. Plumber 22. Sawyer 23. Scaler (Lumber) 24. Stationary Engineer 1964 (2nd) c. 1, Sched. 5 Chap. A-I Expendilure'lo he rOled Pnyments under ngreemems must he "oled

Arbitration Chap. A·2

CHAPTER A·2 ARBITRA TION ORDINANCE

SHORT TITLE 1. This Ordinance may be cited as the Arbitration Ordi-

Short title nance. R.O. 1958, c. 6, s. 1. INTERPRETATIOK 2.

(1) In this Ordinance

Definitions "arbitrator" includes an umpire and a referee in the nature of "arbitrator" an arbitrator; "award" includes umpirage and a certificate in the nature of "award" an award; "submission" means a written agreement to submit differ- "submission" ences to arbitration, whether or not an arbitrator is named in the agreement.

(2) The Commissioner may make rules of practice and Rules of Court procedure, including tariffs of fees and costs, for the better carrying out of the purposes of this Ordinance and for regu- lating the practice hereunder, and, until other rules are so made, the Rules of Court established under the Judicature Ordinance apply mutatis mutandis to all causes, matters and proceedings under this Ordinance. R.O. 1958, c. 6, s. 2. APPLICATIOK 3.

(1) This Ordinance applies to submissions made before as well as after the commencement of this Ordinance. R.O. 1958, c. 6, s. 3. 4.

(1) This Ordinance applies to every arbitration under any Ordinance whenever passed as if the arbitration were pursuant to a submission, except in so far as this Ordinance is inconsistent with the Ordinance regulating the arbitration or with rules or procedure authorized or recognized by that Ordinance. R.O. 1958, c. 6, s. 4. REFERENCE BY SUBMISSIOK 5.

(1) Unless a contrary intention is expressed in a submis SIon or a judge allows a submission to be revoked, a submis- 7 Retrospective effect Other Ordi nances Submission irrevocable

Chap. A·2 Effect of death of party When no other mode expressed Umpire Where arbitrator fails to act Where umpire fails to act Umpire to acl where arbitrators cannot agree Remo'·al for misconduc1 Stay of proceed· ings Arbitration sion is irrevocable and has the same effect as if it had been made an order of a judge.

(2) A submission is not revoked by the death of the parties to it or either of them. R.O. 1958, c. 6, s. 5. 6.

(1) Where no other mode of reference is provided in a submission, the reference shall be to a single arbitrator. R.O. 1958, c. 6, s. 6. 7.

(1) Where the reference is to two arbitrators, the two arbitrators may appoint an umpire at ·any time within the period during which they have power to make an award. R.O. 1958, c. 6, s. 7. 8.

(1) Where an arbitrator refuses to act or is incapable of acting or dies, the party by whom he was appointed may appoint an arbitrator in his stead, and this power may be exercised as vacancies occur.

(2) Where an umpire refuses to act or is incapable of acting or dies, the arbitrators by whom he was appointed may appoint an umpire in his stead, and this power may be exercised as vacancies occur. R.O. 1958, c. 6, s. 8. 9.

(1) Where the arbitrators have allowed their time or extended time to expire without making an award or have delivered to any party to the submission or to the umpire a notice, in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitra tors. R.O. 1958, c. 6, s. 9. 10.

(1) Where a judge is satisfied upon evidence submitted to him by a party to the submission that an arbitrator or umpire has misconducted himself in the arbitration, the judge may remove the arbitrator or umpire and may appoint an arbitrator or umpire in his stead. R.O. 1958, c.6, s. 10. STAY OF PROCEEDINGS 11.

(1) Where a party to a submission or a person claiming through or under him commences legal proceedings against any other party to the submission or any person claiming through or under him, in respect of a matter agreed to be referred, a party to such proceedings may, after service upon him of a statement of claim and before he takes any step in the proceedings, apply to a judge for a stay of proceedings, and the judge, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the 8

Arbitration submission and that the applicant was, at the time when the proceedings were commenced, ready and willing to do all things necessary to the proper conduct of the arbitration and still remains ready and willing to do so, may make an order staying the legal proceedings. R.O. 1958, c. 6, s. 11. APPOINTMENT OF ARBITRATOR OR UMPIRE BY A JUDGE 12.

(1) In any of the following cases (

a) where a submission provides that the reference is to a single arbitrator and the persons whose concurrence is necessary do not, after differences have arisen, concur in the appointment of an arbitrator, (

b) where an arbitrator or an umpire is to be appointed by any person and that person does not make the appointment, or (

c) where an arbitrator or umpire refuses to act or is incapable of acting or dies and the person having the right to appoint a person to fill the vacancy has not made the appointment, a party may serve the other party or the arbitrators or the person who has the right to make the appointment, as the case may be, with a written notice to concur in the appoint men~ of a single arbitrator or to appoint an arbitrator or umpIre.

(2) Where an appointment is not made within seven clear days after the service of the notice referred to in subsection (1), a judge may, on application by the person who gave notice, appoint an arbitrator or umpire.

(3) An arbitrator or umpire appointed under subsection (2) has the like powers to act in the reference and to make an award as if he had been appointed by consent of all parties. R.O. 1958, c. 6, s. 12. POWERS OF ARBITRATORS Chap. A-2 SeJ"\'ice of notice in certain cases Appointment by judge Arbitra.tors' pO~'ers 13.

(1) Unless a submission expresses a contrary intention, PO"'ers an arbitrator or umpire acting under the submission has power (

a) to administer oaths to the parties and witnesses, (

b) to state an award as to the whole or any part thereof in the form of a special case for the opinion of a judge, and (

c) to correct, in an award, any clerical mistake or error arising from an accidental slip or omission. 9

Chap. A-2 Arbitration Idem.

(2) An arbitrator or umpire may at any stage of the pro- Application of Evidenee Ordinance Compulsory attendance of witnesses Evidence de bene esse DUI), of parlies Oath Evidence of prisoners Copies ceedings and shall, if so directed by a judge, state in the form of a special case for the opinion of a judge any question of law arising in the course of the reference. R.O. 1958, c. 6, s. 13. WITNESSES AIm EVIDENCE 14.

(1) All provisions of the Evidence Ordinance that are not inconsistent with this Ordinance apply to proceedings under this Ordinance. R.O. 1958, c. 6, s. 14. 15.

(1) A party to a submission may obtain a subpoena or other notice under the Rules of Court to compel the attend ance of a witness, but no person is compelled to produce a document that he would not have to produce on the trial of an action. R.O. 1958, c. 6, s. 15. 16.

(1) Where a party to a submission desires to procure for use upon the reference the evidence of a person to be taken de bene esse or to be taken out of the Territory, an order may be made for the examination of such person or for the issue of a commission in the like circumstances and with the like effect as a similar order made in an action.

(2) The Judicature Ordinance and Rules of Court apply to an order or commission under subsection (1) and to the proceedings thereon and the evidence taken thereunder. R.O. 1958, c. 6, s. 16. 17.

(1) A party to a reference or a person claiming under him shall, subject to any legal objection, submit to be exam ined by an arbitrator or umpire on oath in relation to the matters in dispute and shall, subject to any legal objection, produce before the arbitrator or umpire all books, deeds, papers, goods, documents and things in his possession or power that are required or called for and shall do all other things that during the proceedings on the reference the arbi trator or umpire requires. R.O. 1958, c. 6, s. 17. 18.

(1) Witnesses on a reference shall be examined on oath. R.O. 1958, c. 6, s. 18. 19.

(1) A judge may order a sheriff, gaoler or other officer who has the custody of a prisoner to produce him for exami nation before an arbitrator or an umpire. R.O. 1958, c. 6, s. 19. 20.

(1) An arbitrator or an umpire, where no special reason appears to him to exist for filing an original book, 10

Arbitration paper or document as an exhibit, may allow a copy of the whole or a portion thereof as he may deem material to be substituted as an exhibit in the place of the original book, paper or document. R.O. 1958, c. 6, s. 20. AWARDS 21.

(1) An arbitrator shall make his award in writing (

a) within three months after entering on the reference, (

b) within three months after having been called on to act by notice in writing from a party to the submission, or (

c) on or before any later date to which all the parties to the submission, by a writing signed by them, may increase the time for making the award. R.O. 1958, c. 6, s.21. 22.

(1) An umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired or on or before any later date to which the persons who appointed him, by any writing signed by them, may increase the time for making his award. R.O. 1958, c. 6, s. 22. 23.

(1) Upon application made to a judge by an arbitrator or umpire, time for making an award may be increased by the judge, whether or not the time for making the award has expired. R.O. 1958, c. 6, s. 23. 24.

(1) Where, upon an application by a party to a sub mission, a judge is satisfied that a reference requires further consideration by an arbitrator or an umpire, the judge may remit the matters referred or any of them to the arbitrator or the umpire for further consideration.

(2) Unless the judge otherwise directs, where a reference is remitted to an arbitrator or an umpire under subsection (1), the arbitrator or the umpire shall make the award within three months after the date of the remission. R.O. 1958, c. 6, s. 24. Chap. A-2 Arbitrator's time to make award Umpire's time to make a,,·ard Eltension by judge Remitting the award 25.

(1) An award shall be delivered to any of the parties Delivery to a submission requiring the same and the personal represen tatives of a deceased party may require delivery of the award. R.O. 1958, c. 6, s. 25. 26.

(1) An award may, by leave of a judge, be enforced in Enforcement the same manner as a judgment or an order to the same effect. R.O. 1958, c. 6, s. 26. 11

Chap. A.2 Award is final Where submis· sion allows 8 n appeal E,·idence Statement by arbitrator in cert ain cases Sett ing aside 8~'ard Production of exhibits Arbitration APPEALS 27;

(1) Subject to sections 28 and 29 respecting appeals and setting aside awards, an award made by an arbitrator or by a majority of arbitrators or by an umpire is final and binding on all the parties to the reference and the persons claiming under them respectively. R.O. 1958, c. 6, s. 27. 28.

(1) Where it is agreed by the terms of a submission that there may be an appeal from the award, the reference shall be conducted and an appeal lies to a judge within the time stated in the submission or if no time is stated within six weeks after the delivery of the award to the appellant.

(2) The evidence of the witnesses examined upon the refer ence shall be taken down in writing and together with the exhibits, shall, at the request of either party, be transmitted by the arbitrator or the umpire to the judge.

(3) Where the award of an arbitrator or an umpire is based wholly or partly upon his physical examination of property of upon special knowledge or skill possessed by him, he shall transmit to the judge a written statement thereof that will enable the judge to form an opinion of the weight that should be attached to the physical examination performed by the arbitrator or umpire or to his special knowledge or skill in reaching the award. R.O. 1958, c. 6, s. 28. 29.

(1) Whether or not a submission provides for an appeal from an award, a party to a submission or a person claiming under him may apply to a judge to set aside an award on the grounds (

a) that an arbitrator or umpire has misconducted himself, or (

b) that an arbitration or an award has been improperly procured, and the judge may, in his discretion, dismiss the application or set aside the award.

(2) Upon an application under subsection (1), a party may by notice require any other party to produce, and the party so required shall produce, upon the hearing of the applica tion, any original book, paper or document in his possession that has been used as an exhibit or given in evidence upon the reference and that has not been filed with the deposition supporting the application. R.O. 1958, c. 6, s. 29. 12

Arbitration Chap. A·2 30.

(1) Unless by leave of a judge, application to set aside Time for appeal an award, other than by way of appeal, shall not be made after six weeks from the delivery of the award to the appli- cant. R.O. 1958, c. 6, s. 30. 31.

(1) Where an appeal from an award is allowed or an Costs of appeal award is set aside the judge who allowed the appeal or set aside the award may give directions as to the costs of the appeal or of the application to set aside the award and the costs of the reference and award. R.O. 1958, c. 6, s. 31. COSTS 32.

(1) The costs of a reference and award are in the discretion of the arbitrator or umpire who may direct to and by whom and in what manner the costs or any part thereof shall be paid. R.O. 1958, c. 6, s. 32. 33.

(1) A judge may make an order under this Ordinance on such terms as to costs or otherwise as he thinks just. R.O. 1958, c. 6, s. 33. FEES 34.

(1) Where an arbitrator or umpire takes upon himself the burden of a reference and award in respect of which a submission or other agreement between the parties to the submission has, to their knowledge, set out his fees for each day's attendance or a gross sum for the entire reference, the fees or sum so set out are substituted for the fees referred to in Schedules I and H. R.O. 1958, c. 6, s. 34. 35.

(1) Subject to

section 34, an arbitrator or umpire who is not by profession a barrister, solicitor, engineer, architect, chartered accountant or Dominion land surveyor, is not enti tied to demand or take for his attendance and services as an arbitrator or umpire any greater fees than those mentioned in

Schedule 1. R.O. 1958, c. 6, s. 35. 36.

(1) Subject to

section 34, an arbitrator or umpire who is by profession a barrister, solicitor, engineer, architect, chartered accountant or Dominion land surveyor, is not enti tled to demand or take for his attendance and services as an arbitrator or umpire any greater fees than those mentioned in

Schedule H. R.O. 1958, c. 6, s. 36. 13 Costs of refer· ence COStll of orders Where fixed b}· agreement Non.prof essional arbitrators Professional arbitrators

Chap. A.2 Limit o( witness (ees Where no business done at meeting Idem. Taxo.tion of coSts Penalty (or excessi\Oe lees Action (or penalty Arbitration 37.

(1) No greater fees are taxable in respect of a person called as a witness before an arbitrator than would be taxed in an action. R.O. 1958, c. 6, s. 37. 38.

(1) Where, at an arbitration meeting in respect of which due notice has been given, no proceedings are taken as a result of the absence of any party to a submission or as a result of a postponement at the request of any party, the arbitrator shall make up an account of the costs of the meeting, including the proper charges for his own attendance and that of any witnesses and of the counsel or solicitor of the party present who does not desire the postponement, and, unless he considers that it would be unjust to do so, he shall charge the amount thereof against the party in default or at whose request the postponement is made.

(2) The party in default or who has requested a postpost ponement shall where an amount is charged against him under subsection (1) pay the same to the other party, what ever may be the event of the reference, and the arbitrator shall, in the award, make any direction necessary for that purpose and the amount so charged may be set off against and deducted from any amount awarded in his favour. R.O. 1958, c. 6, s. 38. 39.

(1) A party to an arbitration is entitled to have the costs of the arbitration, including the fees of the arbitrator, or, if he so wishes, the arbitrator's fees alone, taxed by the Clerk of the Court upon an appointment which may be given by the Clerk of the Court for that purpose. R.O. 1958, c. 6, s. 39. 40.

(1) An arbitrator who, having entered upon a refer ence, refuses or delays after the expiration of one month from the publication of the award to deliver the award until a larger sum is paid to him for his fees than is permitted under this Ordinance or who received for his award or for his fees as an arbitrator such larger sum, shall forfeit and pay to the party who has demanded delivery of the award or who has paid to the arbitrator such larger sum in order to obtain the award or as a consideration for having obtained it, an amount three times the excess demanded or received by the arbitrator contrary to this Ordinance.

(2) The penalty referred to in subsection (1) may be recov ered by action before a judge. R.O. 1958, c. 6, s. 40. 14

Arbitration Chap. A·2 41.

(1) Where an award has been made, an arbitrator may Action rorlees maintain an action for his fees if the same have been taxed and, in the absence of an express agreement to the contrary, he may maintain such action against all parties to the refer- ence, jointly or severally. R.O. 1958, c. 6, s. 41. VALUATORS 42.

(1) A judge has power to appoint a valuator or an Appointment appraiser where it is provided by a written agreement that a valuation or an appraisement shall be made by a valuator or an appralser.

(2) A valuator or appraiser appointed under subsection (1) Powel"5 shall have the like powers to make a valuation or appraise- ment as if he had been appointed by consent of all parties to the agreement. R.O. 1958, c. 6, s. 42. 15

Chap. A.:2 .4 1·b it ra lion

SCHEDULE I FEES CHARGEABLE BY NON-PROFESSIONAL ARBITRATORS 1. For every meeting where the reference is not proceeded with but a postponement is made due to the default of a party or at the request of a party, ................................... . . ... not less than $3.00 and not more than $10.00 2. For every day's sittings to consist of not less than six hours, ...................... not less than $10.00 and not more than $30.00 3.

Where a day's sittings consists of more than six hours, for each additional hour,... . .............. .... ...... ......... ..... .... .................. . ....... .... .... ....... . not less than $2.00 and not more than $5.00 4. Where a sittings does not extend to six hours, for each hour occupied, .............. not less than $2.00 and not more than $5.00 R.O. 1958, c. 6, Sched. A.

SCHEDULE 11 FEES CHARGEABLE BY PROFESSIONAL ARBITRATORS 1. For every meeting where the reference is not proceeded with but a postponement is made due to the default of a party or at the request of a party,. ..... ..................................... . ........................ not less than $6.00 and not more than $15.00 2. For every day's sittings to consist of not less than six hours, ............ not less than $20.00 and not more than $60.00 3.

Where a day's sittings consists of more than six hours, for each additional hour, .................................................................... . ... .... ......... .... .. not less than $5.00 and not more than $10.00 4. Where a sittings does not extend to six hours, for each hour occupied, ....... not less than $5.00 and not more than $10.00 R.O. 1958, c. 6, Sched. B. 16

Archives

CHAPTER A-3 ARCHIVES ORDINANCE

SHORT TITLE 1. This Ordinance may be cited as the Archives Ordinance. 1971 (1st) c. 2, s. 1. 2.

(1) In this Ordinance "public records" means all original documents, parchments, manuscripts, records, books, pamphlets, magazines, periodi cals, maps, plans, photographs, letters, copies of letters, papers of all kinds or other documentary materials regard less of physical form or characteristic, deposited, on file, or held with or in any department or agency of the Govern ment of the Territory or any municipal or other public office in the Territory, and includes any such documentary materials that were formerly part of the records or files of any such department, agency, or office. 1971 (1st) c. 2, s. 2. 3.

(1) The Commissioner may appoint an archivist to carry out the provisions of this Ordinance. 1971 (1st) c. 2, s. 3. 4.

(1) Subject to the regulations all public records shall be delivered to the Archivist for safe keeping and custody within thirty years from the date on which such public records cease to be in current use. 1971 Ost) c. 2, s. 4. 5.

(1) The Archivist is authorized and directed to receive and grant discharges for all public records transferred to him under this Ordinance and the Archivist is thereafter responsi ble for the safe keeping of the public records so transferred. 1971 (1st) c. 2, s. 5. 6.

(1) The objects of this Ordinance are (

a) the classification, safe keeping, indexing and catalogu ing of all public records transferred to the Archivist under

section 4 ; (

b) the discovery, collection and preservation of material having any bearing upon the history of the Territory; (

c) the copying and printing of important public docu ments relating to the legislative or general history of the Territory; 17 Chap. A-3

Short title

Definitions Hpublic records" Appointment of archivist Custody of .11 public records Responsibility of Archivist Objects of Ordin.nce

Chap. A-3 PresenoBtion of official docu· ments Cenified copies Commissioner may determine when documents to be made public Archives (

d) the collecting of all documents having in any sense a bearing upon the political or social history of the Territory and upon its agricultural, industrial, com mercial and financial development; (

e) the collecting of municipal, school and church records; (

j) the collection and preservation of pamphlets, maps, charts, manuscripts, papers, books, photographs and other documentary materials regardless of physical form or characteristic, of general or local historic inter est in the Territory; (

g) the collection and preservation of information respect ing the early settlers of the Territory including pioneer experience, customs, mode of living, prices, wages, boundaries, areas cultivated or mined, home and social life; (

h) the collection and preservation of the correspondence of settlers, documents in private hands relating to public and social affairs and reports of local events of historic interest in domestic and public life; (1) the conducting of research with a view to preserving the memory of the indigenous peoples in the Territory and their mode of living and customs; ()) the conducting of research with a view to preserving the memory of pioneer settlers in the Territory and of their early exploits and the part taken by them in opening up and developing the Territory; and (

k) the stimulation of public interest in the history of the Territory by the dissemination of information to the public, by exhibitions and displays of materials pre served in the Archives and by granting to the public access to items preserved in the Archives subject to such precautions as may be necessary for their preser vation. 1971 (1st) c. 2, s. 6. 7.

(1) Subject to the regulations no public records shall be destroyed or permanently removed without the knowledge and concurrence of the Archivist. 1971 (1st) c. 2, s. 7. 8.

(1) A copy of any original document in the custody of the Archivist, certified under his hand to be a true copy, is prima facie evidence of the authenticity and correctness of such document. 1971 (lst) c. 2, s. 8. 9.

(1) Where the public interest so requires the Commis sioner may direct that any document transferred to the Archives will not be made available for public inspection for 18

Archives such period of time as the Commissioner determines. 1971 (lst) c. 2, s. 9. 10. (

I) The Archivist may acquire by gift, bequest, loan or purchase and place in the Archives for preservation, any document having any bearing upon the history of the Terri tory upon such terms and conditions as may be stated by the person giving, bequeathing, lending or selling the document. 1971 (1st) c. 2, s. 10. 11. (

I) Where any person is in possession or control of any public record he shall at the request of the Commissioner or his authorized officer forthwith deliver such public record to the Archivist. 1971 (1st) c. 2, s. 11. 12. (

I) The Commissioner may make regulations, (

a) respecting the duties of the Archivist; (

b) prescribing the public records that shall be transferred to the Archivist under this Ordinance and extending or reducing the period that shall elapse before any such public records are transferred to him; (

c) for the classification of archives in the custody of the Archivist and the preparation of proper calendars, catalogues and indexes for the purpose of making archives accessible for official, scientific and historical research; (cl) directing the manner in which public records shall be disposed of from time to time and the class of docu ments, papers, pamphlets or reports that shall be deemed to be archives; (

e) generally for carrying out the purposes and provisions of this Ordinance into effect; and (

j) prescribing any fees that may be required under this Ordinance. 1971 (1st) c. 2, s. 12. 13. (

I) Nothing in this Ordinance shall be taken or be deemed to authorize the destruction or other disposition of any official document, paper, map, plan, report, memoran dum or other matter in contravention of an Ordinance or an order of a Court or the Commissioner. 1971 (1st) c. 2, s. 13. 19 Chap. A.3 Archivist may acquire docu· menlS under conditions Commissioner may request public records be deli'·ered to Archi,·i,t Regulotion. Nothing in Ordinance authorizes destruction of documents

A rea Development Chap. A.4

CHAPTER A.4 AREA DEVELOPMENT ORDIN ANCE

SHORT TITLE 1. This Ordinance may be cited as the A rea Development

Short title Ordinance. R.O. 1958, c. 7, s. 1. INTERPRET ATION 2.

(1) In this Ordinance "development area" means an area designated as such by the Commissioner. R.O. 1958, c. 7. s. 2 POWERS OF COMMISSIONER Ude\'eJopment fires" defined 3.

(1) The Commissioner may designate as a development Commissioner area any area in the Territory where he considers that it will may designate de\'elopment be necessary in the public interest to regulate the orderly area development of such area as contemplated by this Ordinance. R.O. 1958, c. 7, s. 3. 4.

(1) The Commissioner may make regulations for the Regulations orderly development of a development area respecting (

a) the zoning of the area, including the allocation of land in the area for agricultural, residential, business, indus trial, educational, public or other purposes; (

b) the regulation or prohibition of the erection, mainte nance, alteration, repair or removal of buildings; (

c) streets, roads, lanes, sidewalks, parks, street lighting and street transit; (

d) public health, including the supply, treatment and purification of water, the collection and disposal of garbage and other sewage, hospitals, and the burial of destitute persons; (

e) fire protection; if) animals; (

g) the regulation or the prohibition of the discharge of guns or other firearms within a development area.

(2) The Commissioner shall cause to be tabled any regula tion made by him at the Session of Council next following the making of such regulation. R.O. 1958, c. 7, s. 4; 1963 (2nd) c. 8, s. 1. 21

Chap. A-4 Power to order remedy 01 delault Action to remedy delault Penalty lor violation 01 regulations A rea Development 5.

(1) Where by a regulation under this Ordinance a cer tain matter or thing is directed to be done and is not done or a certain matter or thing is directed to be not done and is done by any person, the Commissioner or any person author ized by him may order the person who is in default under the regulation to remedy his default and if he fails to do so within thirty days of the day on which the Commissioner's order is served on him or mailed to him at his last known address by registered mail, the Commissioner or any person authorized by him may (

a) take such action as he sees fit to have the default remedied; and (

b) recover from such person the expenses with costs of action in any court of competent jurisdiction.

(2) The action taken by the Commissioner or any person authorized by him to have any default remedied may include the destruction, alteration or removal of any buildings, struc tures or portions thereof. R.O. 1958, c. 7, s. 5. PENALTY 6.

(1) Every person who violates any regulation is guilty of an offence and is liable on

summary conviction to a fine not exceeding two hundred dollars. R.O. 1958, c. 7, s. 6. 22

Assignment of Book Debts Chap. A·5

CHAPTER A·5 ASSIGNMENTS OF BOOK DEBTS ORDINANCE

SHORT TITLE 1. This Ordinance may be cited as the Assignments of Book

Short title Debts Ordinance. R.O. 1958, c. 8, s. 1. INTERPRET ATION 2.

(1) In this Ordinance "assignee" means any person to whom an assignment of book debts is made; "assignment" includes every legal and equitable assignment, whether absolute or by way of security, and every mort gage or other charge upon book debts; "assignor" means any person making an assignment of book debts; "book debts" means all such accounts and debts, whether existing or future, as in the ordinary course of business would be entered in books, whether actually entered or not, and includes any part or class thereof; "creditors" means creditors of the assignor, whether execu tion creditors or not, who become creditors before the registration of an assignment, and, for the purpose of enforcing the rights of such creditors but not otherwise, includes a creditor suing on behalf of creditors, a trustee under the Bankruptcy Act and a liquidator of a company under the Winding-up Act or under an Ordinance of the Territory containing provisions for the winding:up of com panies, without regard to the time when the creditor so suing becomes a creditor, or when the assignee, trustee or liquidator is appointed; "proper officer" means the officer in whose office assign ments are required to be registered in any registration district; "registered" means filed in accordance with the provisions of this Ordinance; "registration district" means a district established under this Ordinance for the registration of assignments; 23

Definitions Uasslgnee" "assignment" "assignor" "book debts" "creditors" IIproper oHicer" "registered" "registrBtion district!!

Chap. A-S Usubsequent purchaser" "vsluable consideration! I Application Regimation Assignment of Book Debts "subsequent purchaser" includes a person who in good faith, for valuable consideration, and without notice obtains by assignment an interest in book debts that have already been assigned; "valuable consideration" includes (

i) any consideration sufficient to support a simple contract; and (ii) an antecedent debt or liability. R.O. 1958, c. 8, s. 2. APPLICATION 3.

(1) This Ordinance does not apply to (

a) any assignment of book debts, whether specified or by way of floating charge, made by a corporation and contained, (

i) in a trust deed or other like instrument to secure bonds, debentures, or debenture stock of the corporation, (ii) in any bonds, debentures or debenture stock of the corporation, as well as in the trust deed or other like instrument securing the same, or (iii) in any bonds, debentures, or debenture stock or any series of bonds or debentures of the corpora tion not secured by any trust deed or other like instrument; (

b) any assignment of book debts due at the date of the assignment from specified debtors; (

c) any assignment of debts growing due under specified contracts; (cl) any assignment of book debts included in a transfer of a business made bona fide and for value; or (

e) any assignment of book debts, included in any author ized assignment under the Bankruptcy Act. R.O. 1958, c. 8, s. 3. FORM AND REGISTRATION 4.

(1) Except as provided in this Ordinance, every assign ment of book debts made by any person engaged in a trade or business shall be absolutely void as against the creditors of the assignor and as against subsequent purchasers, unless the assignment is (

a) in writing; (

b) accompanied by an affidavit of an attesting witness, or affidavits of attesting witnesses, of the execution there- 24

Assignment of Book Debts of by the assignor or by the assignors respectively, identifying the assignment and stating the date of execution by the assignor, or the respective dates of execution by the assignors, as the case may be, and a further affidavit of the assignee, or one of the several assignees, his or their agent, stating that the assign ment was executed in good faith and for valuable consideration and not for the mere purpose of protect ing the book debts therein mentioned against the creditors of the assignor of for the purpose of prevent ing such creditors from recovering any claims that they have against the assign or ; and (

c) registered, as provided in this Ordinance, together with the affidavits, within thirty days of the execution of the assignment.

(2) When there are two or more assignors, the date of execution of the assignment shall be deemed to be the date of the execution by the assign or who last executes it.

(3) Every assignment that is required to be in writing and to be registered under this Ordinance shall, as against credi tors and subsequent purchasers, take effect only from the time of the registration of the assignment. R.O. 1958, c. 8, s. 4. 5.

(1) Registration of an assignment under this Ordinance shall be effected by filing the assignment, together with such affidavits as are by this Ordinance required, within thirty days from its execution, in the office of the proper officer of a registration district determined in accordance with the fol lowing rules: (

a) where the assignor is a corporation incorporated under the laws of the Territory, in the registration district in which the head office ir registered office is situate; (

b) where the assign or is an extra-territorial corporation having a head office within the Territory, in the regis tration district in which the head office or registered office is situate; (

c) where the assignor is an extra-territorial corporation not having a head office or registered office within the Territory, in the registration district of Whitehorse ; (cl) where the assign or is not a corporation, in the registra tion district in which the assign or carries on business at the time of the execution of the assignment; or (

e) where the assignor is not a corporation, and at the time of the execution of the assignment carries on business in different registration districts, in any such registra tion district, and by filing a duplicate original of the 25 Chap. A·5 To effecl registration

Chap. A-5 Discharge of assignment Assignment of Book Debts assignment and affidavits, or a copy thereof certified by the proper officer of that registration district, in each of the other registration districts.

(2) The proper officer shall cause every assignment filed in his office to be numbered, to be endorsed with a memoradum of the day, hour and minute of filing, and to be indexed by entering in alphabetical order in a register kept by him the names of the parties to the assignment, with their descrip tions, and the dates of execution and registration of the assignment.

(3) Where the time for registration of any assignment or other document expires on a Sunday or other day on which the office in which the registration is to be made is closed, the registration shall, so far as regards the time of registration, be valid if made on the next following day on which the office is open. R.O. 1958, c. 8, s. 5. DISCHARGE 6.

(1) An assignment registered under this Ordinance may be discharged in whole or in part by the registration in the office in which the same is registered of a certificate of discharge, signed by the assignee, his executors, administra tors, or assigns, and accompanied by an affida "it of an attesting witness of the due execution thereof.

(2) The proper officer in whose office a certificate of dis charge, accompanied by the affidavit of execution is regis tered, shall note the fact of the discharge against each entry in the books of his office respecting the registration of the assignment and shall make a like notation upon the assign ment or copy registered in his office.

(3) When there are two or more assignors residing in differ ent registration districts affected by the discharge, the regis tration may be effected either by filing a duplicate or other original of the certificate of discharge and affidavit of execu tion in the office of the proper officer in each of the registra tion districts, or by filing the certificate of discharge and affidavit of execution in one of the registration districts and by filing a certificate of the entry of the discharge therein, signed by the proper officer in each of the other registration districts and each proper officer shall make the like notations of the discharge in the records of his office as are provided by subsection (2) of this section.

(4) The proper officer in whose office the certificate of discharge is registered shall on request furnish a certificate of 26

Assignment of Book Debts the entry of the discharge in the records of his office. RO. 1958, c. 8, s. 6. INSPECTION OF RECORDS 7.

(1) Upon payment of the prescribed fees every person shall have access to and be entitled to inspect the books of any proper officer containing records or entries of assign ments or documents registered or filed under the provisions of this Ordinance; and no person shall be required, as a condition of his right thereto, to disclose the name of the person in respect of whom the access or inspection is sought; and every proper officer shall, upon request accompanied by payment of the prescribed fees, produce for inspection any assignment or document so registered or filed in his office. RO. 1958, c. 8, s. 7. REGISTRA TION DISTRICTS AND OFFICES 8.

(1) For the purpose of registration of assignments or other documents each registration district in the Territory for the purposes of the registration of mortgages and other trans fers of personal property shall be a registration district and the registration clerk whose office is situate within a registra tion district shall be the proper officer for the registration of assignments or documents in that registration district. RO. 1958, c. 8, s. 8. AFFIDAVITS 9.

(1) Affidavits required by this Ordinance may be taken and made before the proper officer of any registration district or before any person, whether within or without the Territo ry, authorized to take affidavits in or concerning any cause, matter, or thing pending in any court in the Territory.

(2) No registered assignment or other document shall be held to be defective or void solely on the ground that any affida vit required by this Ordinance was taken and made before a solicitor for any of the parties to the assignment or other document, or before a partner of the solicitor, or before a clerk in the office of the solicitor. R.O. 1958, c. 8, s. 9. 10.

(1) Any affidavit required by this Ordinance to be made by an assignee may, in the event of his death, be made by his executor or administrator, or by any of his next-of-kin or by the duly authorized agent of the executor or adminis trator. RO. 1958, c. 8, s. 10. 27 Chap. A-5 InspeClion 01 records Registration districts and orricers Taking 01 allid"'its Arfid.\'it in ca' 01 death of assignee

Chap. A·5 AHid.,·ilon beh.1f of corporation AHid.,·ilof .gent or oHicer No .Hid.,·il of execution by corporation Proof of execu tion otherwise th.n by .lfid.,·it Rectific.tion of omissions and mis-stslements Assignment of Book Debts 11.

(1) Where the assignee is a corporation, every affida vit required or permitted by this Ordinance to be made or given by the corporation as assignee, may be made or given by any officer, employee or agent of the corporation. R.O. 1958, c. 8, s. 11. 12.

(1) Any affidavit made for the purposes of this Ordi nance by the agent of an assignee, or of an executor or administrator, or by an officer, employee or agent of a corporation, shall state that the deponent is aware of the circumstances connected with the assignment, and that he has a personal knowledge of the facts deposed to. R.O. 1958, c. 8, s. 12. 13.

(1) Where an assignment or certificate of discharge or other document has been executed by a corporation under the provisions of this Ordinance no affidavit of an attesting witness shall be required. R.O. 1958, c. 8, s. 13. 14.

(1) Where, before the making of any affidavit of exe cution required by this Ordinance, the attesting witness to an assignment, certificate of discharge, or other document dies or leaves the Territory, or becomes incapable of making or refuses to make such affidavit, a judge may make an order permitting the registration of the assignment, certificate of discharge or other documents, upon such proof of its due execution and attestation as the judge by the order may require and allow; the order, or a copy thereof, shall be annexed to the assignment, certificate of discharge or other document, as the case may be, and filed therewith; and the registration of the assignment, certificate of discharge or other document, under and in compliance with the terms of the order, has the like effect as the registration thereof with the affidavit of execution otherwise required by this Ordi nance.

R.O. 1958, c. 8, s. 14. RECTIFICATION OF OMISSIONS AND :'US-STATEMENTS IS.

(1) Subject to the rights of other persons accrued by reason of any omission or mis-statement referred to in this section, a judge on being satisfied that the omission to register an assignment within the time prescribed by this Ordinance, or any omission or mis-statement in any docu ment filed under this Ordinance, was accidental or due to inadvertence or impossibility, or other sufficient cause, may, in his discretion, extend the time for registration or order the omission or mis-statement to be rectified, on such terms and conditions, if any, as to security, notice by advertisement or 28

Assignment of Book Debts otherwise, or as to any other matter or thing as the judge thinks fit to direct; the order, or a copy thereof, made under this

section shall be annexed to the assignment or copy thereof on file or tendered for registration, and appropriate entries shall be made in the register. R.O. 1958, c. 8, s. 15. DEFECTS AND IRREGULARITIES 16.

(1) No defect or irregularity in the execution or atte station of an assignment or other document; no defect, irregularity, or omission in any affidavit accompanying an assignment or filed in connection with its registration; and no error of a clerical nature or in an immaterial or non-essen tial part of an assignment shall invalidate or destroy the effect of the assignment or the registration thereof, unless in the opinion of the judge before whom a question relating thereto is tried, the defect, irregularity, omission, or error has actually misled some person whose interests are affected by the assignment. R.O. 1958, c. 8, s. 16. EVIDENCE OF RECORDS 17.

(1) Copies of an assignment, certificate of discharge or other document registered or filed under this Ordinance, certified by the registration clerk, shall be receivable in evi dence and shall be prima facie proof for all purposes as if the original assignment or document were produced, and also prima facie proof of the execution of the original assignment or document according to the purport of the copy, and the clerk's certificate shall also be prima facie proof of the date and hour of registration and filing. R.O. 1958, c. 8, s. 17. FEES Chap. A-5 Defects and irre8ularities E"idence of records 18.

(1) The Commissioner may prescribe the fees to be Fees charged under this Ordinance. R.O. 1958, c. 8, s. 18; 1971 (1st) c. 20, s. 1. NOTE: This Ordinance is based on a model Act recommended by the Conference of Commissioners on Uniformity of Legislation in Canada. 29

Bills of Sale

CHAPTER B.l BILLS OF SALE ORDINANCE 1. This Ordinance may be cited as the Bills of Sale Ordi nance. R.O. 1958, c. 9, s. 1. 2.

(1) In this Ordinance "bill of sale" means a document in wntmg in conformity with this Ordinance evidencing a sale or a mortgage, but does not include a bill of lading, a warehouse receipt, a warrant or order for the delivery of goods, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize the possessor of the document to transfer, either by endorsement or delivery, or receive goods thereby represented; "change of possession" means such change of possession as is open and reasonably sufficient to afford public notice thereof; "chattels" means goods and chattels capable of complete transfer by delivery and includes when separately assigned or charged, fixtures and growing crops; but does not include chattel interests in real property or fixtures when assigned together with a freehold or leasehold interest in any land or building to which they are affixed; or growing crops, when assigned together with any interest in the land on which they grow; or a ship or vessel registered under the provisions of the Canada Shipping Act or The Merchant Shipping Act, 1894, and amending Acts, or any share in such ship or vessel; or shares or interests in the stock, funds, or securities of a government, or in the capital of a corporation, or book debts or other choses in action; "creditors" means creditors of the grantor, whether execution creditors or not, who become creditors before the registra tion of a bill of sale, or before the registration of a renewal statement, as the case may be, and, for the purpose of enforcing the rights of such creditors but not otherwise, includes a creditor suing on behalf of himself and other creditors, an assignee for the general benefit of creditors, a trustee under the Bankruptcy Act, and a liquidator of a company under the Winding-up Act or under any statute or Ordinance containing provisions for the winding-up of 31 Chap.

B·I

Short title Derinitions "bill or sale" "change or possession 10 "chattels" ';creditors"

Chap.

D-l "grantee" IIgrBntor" ·'mortgage" "proper officer" "registered" "registrB t ion district" "sale" Bills of Sale companies, without regard to the time when the creditor so suing becomes a creditor, or when the assignee, trustee or liquidator is appointed; "grantee" includes the bargainee, assignee, transferee, mort gagee, or other person to whom a bill of sale is made; "grantor" includes the bargainer, assignor, transferor, mort gagor, or other person by whom a bill of sale is made; "mortgage" includes an assignment, transfer, conveyance, declaration of trust without transfer, or other assurance of chattels, intended to operate as a mortgage or pledge of chattels, or a power or authority or licence to take posses sion of chattels as security, or an agreement, whether intended or not to be followed by the execution of any other instrument, by which a right in equity to a charge or security on any chattels is conferred but does not include: (

a) a mortgage or charge, whether specific or floating, of chattels created by a corporation, and contained, (

i) in a trust deed or other like instrument to secure bonds, debentures, or debenture stock of the corporation, (ii) in any bonds, debentures, or debenture stock of the corporation, as well as in the trust deed or other like instrument securing the same, or (iii) in any bonds, debentures, or debenture stock or any series of bonds or debentures of the corpora tion not secured by any trust deed or other like instrument; (

b) security taken by a bank under

section 88 of the Bank Act; or (

c) a power of distress contained in a mortgage of real property; "proper officer" means the clerk of the registration district in which the property described in the bill of sale is situated, at the time of the execution of the instrument; "registered" means filed in accordance with the provisions of this Ordinance; "registration district" means a district for the registration of bills of sale established under this Ordinance; "sale" includes a sale, assignment, transfer, conveyance, dec laration of trust without transfer or other assurance not intended to operate as a mortgage, of chattels, or an agreement, whether intended or not to be followed by an execution of any other instrument, by which a right in equity to any chattels is conferred, but does not include, 32

Bills of Sale (

a) an assignment for the general benefit of the creditors of the person making the assignment; (

b) a transfer or sale of goods in the ordinary course of any trade or calling; or (

c) a conditional sale within the meaning of the Condition al Sales Ordinance or an assignment of a conditional sale; and "subsequent purchasers or mortgagees" means persons to whom chattels are conveyed or mortgaged, (

a) after the making of the sale or mortgage mentioned in

section 7, or (

b) after the making of the mortgage mentioned in sec tions 15, 16 and 17, as the case may be. R.O. 1958, c. 9, s. 2. 3.

(1) The Commissioner may establish registration dis tricts for the purpose of this Ordinance and he may alter the boundaries of any registration district. R.O. 1958, c. 9, s. 3. 4.

(1) The Commissioner may appoint and designate the place of office of a registration clerk for each registration district. R.O. 1958, c. 9, s. 4. 5.

(1) The registration clerks shall keep their respective offices open between the hours of ten o'clock in the forenoon and twelve o'clock noon and between the hours of two o'clock and four o'clock in the afternoon on all days except Satur days, Sundays and holidays.

(2) Documents may be registered pursuant to this Ordi nance only during the hours set out in subsection (1). R.O. 1958, c. 9, s. 5; 1964 (1st) c. 5, s. 1. 6.

(1) No registration clerk shall draw or prepare any document or conveyance that may be filed or registered in his office under the provisions of this orany other Ordinance. R.O. 1958, c. 9, s. 6. 7.

(1) A sale or mortgage that is not accompanied by an immediate delivery and an actual and continued change of possession of the chattels sold or mortgaged is void as against creditors and as against subsequent purchasers or mortgagees claiming from or under the grantor in good faith, for valua ble consideration and without notice, whose conveyances or mortgages have been duly registered or are valid without registration, unless the sale or mortgage is evidenced by a bill 33 Chap.

B-1 Usubsequent purchBsers or mortgagees" Registr.tion districts Offices Office hour.; When documents m.y be regis· tered Registr.tion clerk not 10 dr.,,· documents S.le or mong.ge to be evidenced by • registered bill of s.le

Chap. B-1

Schedule to be pan of bill of .. le Defe .... nce or trust to be parI 01 bill 01 sale Description 01 chattels Time and place oC registration Where chattels are situate in more than one registration district Minutes 01 regi9tfBtion A{{id8\·it 01 necution Bills of Sale of sale duly registered; and the sale or mortgage, and the bill of sale, if any, evidencing the sale or mortgage, takes effect as against creditors and such subsequent purchasers or mort gagees only from the time of the registration of the bill of sale. R.O. 1958, c. 9, s. 7. 8.

(1) Every

schedule annexed to a bill of sale or referred to therein shall be deemed to be part of the bill of sale, and shall be registered therewith.

(2) When a bill of sale is subject to any defeasance or trust, the defeasance or trust shall be deemed to be a part of the bill of sale, and the defeasance or a declaration of the trust shall be registered therewith. R.O. 1958, c. 9, s. 8. 9.

(1) A bill of sale shall contain a sufficient and full description of the chattels comprised therein so that the same may be readily and easily known and distinguished. R.O.: 1958, c. 9, s. 9. 10.

(1) Registration of a bill of sale is effected by filing the bill of sale, together with such affidavits as are required by this Ordinance, within thirty days from the day of its execution, in the office of the proper officer of the registra tion district in which the chattels comprised in the bill of sale are situate at the date of the execution of the bill of sale; where there are two or more grantors, the day of execution of the bill of sale shall be deemed to be the day of the execution by the grantor who last executed it.

(2) Where the chattels comprised in the bill of sale are situate partly in one registration district and partly in anoth er registration district, registration is effected by filing the bill of sale and affidavits in one of the registration districts, and by filing a duplicate original of the bill of sale and affidavits, or a copy thereof certified by the proper officer of that registration district, in the other registration districts.

(3) The proper officer shall cause every bill of sale or copy thereof filed in his office to be numbered and he shall endorse thereon the day, hour and minute of its filing and shall enter in alphabetical order in a register kept by him the names of the parties to the bill of sale with their descriptions, the dates of execution and registration of the bill of sale and the amount, if any, of the consideration for which the bill of sale was made. R.O. 1958, c. 9, s. 10. 11.

(1) Except as provided by

section 29 every bill of sale presented for registration shall be accompanied by an affida- 34

Bills of Sale vit of an attesting witness, of the execution thereof by the grantor, identifying the bill of sale and stating the day of execution by the grantor. R.O. 1958, c. 9, s. 11. 12.

(1) Where a bill of sale is given to secure to the grantee, (

a) repayment of any advances to be made by him under an agreement therefor, (

b) against loss or damage by reason of the endorsement of a bill of exchange or promissory note, (

c) against loss or damage by reason of any other liability incurred by the grantee for the grantor, or (

d) against loss or damage by reason of the liability to be incurred under an agreement by the grantee for the grantor. the bill of sale shall set forth clearly by recital or otherwise, and shall, when presented for registration, be accompanied by an affidavit of the grantee, or one of several grantees, or his or their agent, stat.ing that it truly sets forth (

e) the terms or substance of the agreement entered into between the parties in respect of the advances, (

j) a copy of the bill of exchange or promissory note endorsed and of the endorsements, (

g) the nature and extent of such other liability incurred by the grantee for the grantor, or (

h) the terms or substance of the agreement in respect of the liability to be incurred by the grantee for the grantor, and in all cases the affidavit shall state that the bill of sale truly sets forth the extent or amount of liability incurred or to be incurred and to be secured by the bill of sale.

(2) The affidavit shall also state that the bill of sale was executed in good faith and for the purpose of securing the grantee (

a) repayment of the advances, (

b) against loss or damage by reason of the endorsement, (

c) against loss or damage by reason of the liability incurred by the grantee for the grantor, or (

d) against loss or damage by reason of the liability to be incurred by the grantee for the grantor, under the agreement therefor, as the case may be, and not for the mere purpose of protect ing the chattels therein mentioned against the creditors of the grantor, or for the purpose of preventing the creditors 35 Chap. B-1 Bill or sale 10 secure ad\"snces Further content. or orrids"it

Chap. D·l Bill of sale to secure a debt or a present loan Affida\'it of bona fides Bl:companying other bills of sale Further particu lars in affida"it Rene",al of bills of ,ale Hidenc· ing mortgages Bills of Sale from recovering any claims that they have against the gran tor. R.O. 1958, c. 9, s. 12. 13.

(1) Where a bill of sale, other than a bill of sale within the scope of

section 12 is given to secure the payment of an ascertained amount due or accruing due from the grantor to the grantee, or of a present advance being made by the grantee to the grantor, it shall, when presented for registra tion, be accompanied by an affidavit of the grantee, or one of several grantees, or his or their agent, stating that the amount set forth in the bill of sale as being the consideration therefor is justly due or accruing due from the grantor to the grantee, or is a present advance being made by the grantee to the grantor, as the case may be, and that the bill of sale was executed in good faith and for the purpose of securing to the grantee the payment of such amount, and not for the mere purpose of protecting the chattels therein mentioned against the creditors of the grantor, or for the purpose of preventing the creditors from recovering any claims that they have against the grantor.

R.O. 1958, c. 9, s. 13. 14.

(1) Where a bill of sale is not a bill of sale within the scope of

section 12 or

section 13, it shall, when presented for registration, be accompanied by an affidavit of the grantee, or one of several grantees, or his or their agent, stating that the bill of sale was executed in good faith and for good consideration, as set forth in the bill of sale, and not for the mere purpose of protecting the chattels therein mentioned against the creditors of the grantor or for the purpose of preventing the creditors from recovering any claims that they have against the grantor.

(2) The affidavit required by subsection (1) shall further state that the goods or chattels covered by such bill of sale are not sold in bulk within the meaning of the Bulk Sales Ordinance,-or in case of a sale in bulk such bill of sale shall be further accompanied by an affidavit of the grantor setting forth a complete list of his creditors or by the wwritten waiver referred to in

section 6 of the said Ordinance. R.O. 1958, c. 9, s. 14. 15.

(1) Where a registered bill of sale evidences a mort gage of chattels, it shall, after the expiration of the period of three years from its registration cease to be valid as against creditors and as against subsequent purchasers or mortgagees claiming from or under the grantor in good faith, for valua ble consideration and without notice, whose conveyances or mortgages have been duly registered, or are valid without registration, unless, before the expiration of that period, a 36

Bills of Sale renewal statement accompanied by the affidavit mentioned in subsection (2) is registered in accordance with subsections (2) and (3).

(2) A renewal statement made pursuant to this

section shall set out the interest of the mortgagee, his executors, administrators or assigns, in the chattels comprised in the bill of sale, and the amount still owing for principal and interest or the extent or amount of the liability still secured thereby, and shall be accompanied by an affidavit of the mortgagee, his executors, administrators or assigns, or his or their agent, or of some one of them, stating that the statement is true and that the bill of sale has not been kept in force for any fraudulent purpose.

(3) A renewal statement made pursuant to this

section may be in Form 1 in

Schedule I, with such variations as the circumstances may require.

(4) A renewal statement made pursuant to this

section accompanied by the affidavit mentioned in subsection (2) shall be registered, (

a) in the office of the proper officer of the registration district in which the bill of sale or copy thereof was registered, as regards the chattels still situate in that registration district, or (

b) in case of the permanent removal of any of the chattels comprised in the bill of sale and the registration of a certified copy of the bill of sale pursuant to

section 16, in the office of the proper officer of the registration district in which the certified copy of the bill of sale was so registered, as regards chattels so removed.

(5) A further renewal statement accompanied by an affida vit shall likewise be registered in accordance with subsections (2), (3) and (4) of this

section within the period of three years from the registration of the first renewal statement, and thereafter within each succeeding period of three years from the registration of the last preceding renewal statement; and failing such registration the bill of sale shall, after the expira tion of any such period, become void to the extent provided in subsection (1).

(6) Where any mistake is made in a renewal statement defined by this

section the mortgagee, his executors, adminis trators or assigns, may, after the discovery of the mistake, register an amended statement and affidavit referring to the former statement and clearly pointing out the mistake and correcting it. 37 Chap. B-1 Contents of renewal state ment.nd .ffid.,·it Form of renewal SI8lemenl Registration of statement and .ffid.,·it Further rene~'al statement Registration amended renewal state ment

Chap. B-1 Effect of interest inten'ening before registra· tion of amended rene ..... al state· ment Rene,,·.lof chattels to another registra tion district Renewal of chattels into the Territory Bills of Sale

(7) Where before the registration of the amended state ment and affidavit referred to in subsection (6), a person has in good faith made an advance of money or given any valuable consideration to the grantor, or has incurred any costs in proceedings taken, relying on the accuracy of the renewal statement as first registered, the bill of sale as to the amount so advanced or the valuable consideration given or costs incurred by such person, shall, as against that creditor, purchaser or mortgagee, stand good only for the amount stated in the renewal statement as first registered, or to the extent or amount of the liability secured in the renewal statement as first registered.

R.O. 1958, c. 9, s. 15. 16.

(1) Where a registered bill of sale evidences a mort gage of chattels, and before the payment and discharge of the bill of sale, chattels comprised therein are permanently removed into a registration district other than the one in which they were situate at the time of its execution, the bill of sale shall, within thirty days after the grantee has received notice of the place to which the chattles have been removed, be registered in the office of the proper officer of the registra tion district into which the chattels are removed, by filing therein a copy of the bill of sale and of all affidavits and documents accompanying the bill of sale or filed on the registration or renewal thereof, certified as a true copy by the proper officer in whose office the bill of sale was registered or was last renewed; and failing such registration the bill of sale, in respect of the chattels so renewed ceases to be valid as against creditors and as against subsequent purchasers or mortgagees claiming from or under the grantor in good faith, for valuable consideration and without notice, whose convey ances or mortgages have been registered or are valid without registration.

R.O. 1958, c. 9, s. 16. 17.

(1) Where chattels subject to a mortgage that was executed at a time when they were situate outside the Terri tory are permanently removed into the Territory, the mort gage shall within thirty days after the grantee has received notice of the place to which the chattels have been removed, be registered as a bill of sale, in the office of the proper office of the registration district into which the chattels are removed, by filing therein a copy of the mortgage and of all affidavits and documents accompanying or relating to the mortgage proved to be a true copy by the affidavit of some person who has compared the same with the original; and failing such registration the grantee shall not be permitted to set up any right of property or right of possession in or to the chattels so removed as against creditors and as against subse- 38

Bills of Sale quent purchasers or mortgagees claiming from or under the grantor in good faith, for valuable consideration and without notice. R.O. 1958, c. 9, s. 17. Chap. 8-1 18.

(1) Except for temporary purposes for a period of not Buyer to gi"e h h II h notice of more than twenty days, t e grantor s a not remove t e remo"al.sale. chattels comprised in a bill of sale into another registration etc. district unless he has, at least ten days before such removal, given the grantee personally or by registered mail, written notice of the place to which the chattels are to be removed and the approximate time of the intended removal.

(2) The grantor shall not, prior to the complete perform ance of the contract, sell, mortgage, charge or otherwise dispose of his interest in chattels comprised in a bill of sale, unless he, or the person to whom he is about to sell, mort gage, charge or otherwise dispose of same, has notified the grantee in writing, personally or by registered mail, of the name and address of such person, not less than ten days before such sale, mortgage, charge or other disposal.

(3) Where the grantor removed chattels comprised in a bill of sale or disposes of his interest in them contrary to this section, the grantee may retake possession of the chattels and deal with them as in case of default in payment of all or part of the purchase price. R. O. 1958, c. 9, s. 18. 19.

(1) A sale or mortgage or a bill of sale that is void or has ceased to be valid under this ordinance, as against credi tors, purchasers or mortgagees, is not, by reason fo the fact that the grantee has subsequently taken possession of the chattels sold or mortgaged, rendered valid as against persons who became creditors, purchasers or mortgagees before the grantee took possession. R. O. 1958, c. 9, s. 19. 20.

(1) An assignment of a bill of sale need not be regis tered, but it may be registered by filing the assignment, accompanied by an affidavit of an attesting witness of the execution thereof, in any office in which the bill of sale is registered.

(2) The proper officer in whose office an assignment is registered shall note the fact of the assignment against each entry in the books of his office respecting the registration of the bill of sale, and shall make a like notation upon the bill of sale or copy filed in his office.

(3) Where the chattels comprised in a bill of sale that has been assigned are situate partly in one registration district 39 Idem. Grantee ma)' retake possession if notice not gi\·en Subsequent taking of possession Registration of assignment Notation of registration of L~ignment Registration in case of chattels in two registra tion districts

Chap.

B.l Discharge of bill of 5Ble e"idenc· Ing morlgge N0181ion of regis-trBI in or discharge RegistrBtion in CBse of chBuels in two registra lion districts Ce"ifica,e of entry of dis· charge Bills of Sale and partly in another registration district, registration of the assignment may be effected by filing the assignment and affidavit pursuant to subsection 0), in the office of the proper officer in one of such registration districts, and by filing a duplicate original of the assignment and affidavit, or a copy of the assignment and affidavit certified by the proper officer of that registration district in the other regis tration district and the proper officer in each registration district shall make the like notation of the assignment in the records of his office as is provided by subsection (2).

R.O. 1958,c. 9,s. 20. 21.

(1) Where a registered bill of sale evidences a mort gage of chattels, it may be discharged in whole or in part by the registration, in the office in which the same is registered, of a certificate of discharge, in Form 2, in

Schedule I signed by the mortgagee, his executors, administrators or assigns, and accompanied by an affidavit of an attesting witness of the execution; but no certificate of discharge by an assignee shall be registered unless the assignment has been registered in that office.

(2) The proper officer in whose office a certificate of dis charge accompanied by the affidavit of execution is regis tered shall note the fact of the discharge against each entry in the books of his office respecting the registration of the bill of sale, and shall make a like notation upon the bill of sale, or copy filed in his office.

(3) Where the chattels affected by the discharge are situate partly in one registration district and partly in another registration district, registration may be effected either by filing a duplicate or other original of the certificate of dis charge and affidavit of execution in the office of the proper officer in each of the registration districts, or by filing the certificate of discharge and affidavit of execution in one of such registration districts and by filing a certificate of the entry of the discharge therein, signed by the proper officer of that registration district in the other registration district and the proper officer in each registration district shall make the like notation of the discharge in the records of his office as is provided by subsection (2).

(4) The proper officer in whose office the certificate of discharge is registered shall on the request of any person furnish him with a certificate of the entry of the discharge in the records of his office. R.O. 1958. c. 9. s. 21. 40

Bills of Sale 22.

(1) Where any registration district is divided or the boundaries thereof are altered or any new registration district is established pursuant to

section 3, (

a) every bill of sale evidencing a mortgage of chattels that was duly registered in a district affected by any such division, alteration or establishment, at the time when the division, alteration or establishment became effective, shall until it becomes necessary to register a renewal statement in respect thereof continue to be as valid and effectual as if the division, alteration or establishment had not been made; (

b) on and after the day upon which the division, altera tion or establishment becomes effective, the renewal statement required to be registered in respect of any such bill of sale shall be filed with the registration clerk of each district in which the chattels comprised in the bill of sale were situate at the time of the execution thereof, except only in the case of the permanent removal of such goods and chattels into a registration district other than the one in which they were situate at the time of its execution, in which case the renewal statement shall be registered in the office of the proper officer of the registration district in which the bill of sale is required to be registered pursuant to

section 16; and (

c) in case the bill of sale is registered with the clerk of a registration district other than the clerk of the registra tion district with whom the renewal statement relating thereto is required to be filed, there shall be filed with every such statement a certified copy of the bill of sale' to which it relates.

(2) No bill of sale duly registered at the date of the divi sion, alteration or establishment of any district in any district affected by any such division, alteration or establishment, loses its priority by reason of the non-registration thereof in the office of the registration clerk in any other district until the expiration of the period fixed by

section 15 for the renewal thereof. R.O. 1958, c. 9, s. 22. 23.

(1) Where the time for registration of a bill of sale or other document expires on a Sunday or other day on which the office in which the registration is to be made is closed, the registration is, so far as regards the time of registration, valid if made on the next following day on which the office is open. R.O. 1958, C. 9, s. 23. 41 Chap. B-1 Procedure on chonge or boundories or registratin districts Expiry or lime on Sundoy

Chap. B-1 Proor or execu· tion olherv.'ise Ihan by arridHil Taking or arridal'ils AHidal'ils in case or de8lh or grantee AHidal·il. elc .. on behalr or corporation Arridal"il or agen I or orricer Bills of Sale 24. (

I) Where before the making of any affidavit of execu tion required by this Ordinance, the attesting witness to a bill of sale or other document dies or leaves the Territory, or becomes incapable of making or refuses to make the affida vit, a judge may make an order permitting the registration of the bill of sale or other document, upon such proof of its due execution and attestation as the judge by the order may require and allow; the order or a copy thereof shall be annexed to the bill of sale or other document, as the case may be, and filed therewith; and the registration of the bill of sale or other document, under and in compliance with the terms of the order, has the like effect as a registration with the affidavit of execution otherwise required by this Ordinance.

R.O. 1958, c. 9, s. 24. 25. (

I) An affidavit required by this Ordinance may be taken and made before the proper officer of any registration district or before any person, whether within or without the Territory, authorized to take affidavits in or concerning any cause, matter or thing pending in any court in the Territory.

(2) No registered bill of sale or other document is defective or void solely on the ground that any affidavit required by this Ordinance was taken and made before a solicitor for any of the parties to the bill of sale or other document or before a partner of the solicitor. or before a clerk in the office of the solicitor. R.O. 1958 c. 9, s. 25. 26.

(1) An affidavit required by this Ordinance to be made by a grantee or assignee of the grantee may in the event of his death be made by his executor or administrator, or by any of his next of kin, or by the duly authorized agent of the executor or administrator. R.O. 1958, c. 9, s. 26. 27.

(1) Where the grantee or the assignee of a bill of sale is a corporation, every affidavit or statement required or per mitted by this Ordinance to be made or given by the corpora tion as grantee or assignee may be made or given by any officer, employee or agent of the corporation. R.O. 1958, c. 9, s.27. 28.

(1) An affidavit made for the purpose of this Ordi nance by the agent of a grantee, assignee, executor or administrator, or by an officer, employee or agent of a corporation, shall state that the deponent is aware of the circumstances connected with the bill of sale or with the renewal of the bill of sale, as the case may be, and that he has 42

Bills of Sale personal knowledge of the facts deposed to. R.O. 1958, c. 9, s. 28. 29.

(1) Where a bill of sale, certificate of discharge, assign ment or other document has been executed by a corporation under the provisions of this Ordinance, no affidavit of an attesting witness is required. R.O. 1958, c. 9, s. 29. 30.

(1) Subject to the rights of other persons accrued by reason of any omission or mis-statement referred to in this section, a judge on being satisfied that the omission to register a bill of sale or renewal statement or mis-statement in any document filed under this Ordinance, was accidental or due to inadvertence or impossibility, or other sufficient cause, may, in his discretion, extend the time for registration or order the omission or mis-statement to be rectified on such terms and conditions, if any, as to security, notice by adver tisement or otherwise or as to any other matter or things as the judge thinks fit to direct.

(2) An order made pursuant to subsection (1) or a copy thereof shall be annexed to the bill of sale or copy on file or tendered for registration, and appropriate entries shall be made in the register. R.O. 1958, c. 9, s. 30. 3 l.

(1) No defect or irregularity in the execution or atte station of a bill of sale or renewal statement, no defect, irregularity or omission in any affidavit accompanying a bill of sale or renewal statement or filed in connection with its registration, and no error of a clerical nature or in an immaterial or non-essential part of a bill of sale or renewal statement shall be held to invalidate or destroy the effect of the bill of sale or renewal statement or the registration thereof, unless in the opinion of the court such defect, irregularity, omission or error has actually misled some person whose interests are affected by the bill of sale. R.O. 1958, c. 9, s. 31. 32.

(1) This Odinance applies to bills of sale of chattels, notwithstanding that the chattels may not be the property of or may not be in the possession, custody or control of the grantor, or anyone on his behalf at the time of the making of the bill of sale, and notwithstanding that the chattels may be intended to be delivered at some future time, or that they may not at the time for the making of the bill of sale be actually procured or provided, or fit or ready for delivery, and notwithstanding that some act may be required for the 43 Chap.

B-1 No alfida,·it of execution by corporation Rectification of omission and mis-stD.tements Order to be annexed (0 bill of sale Defects and irreguJarities Bill of sale of subsequently acquired chattels

Chap. D·l Where Her ~lajest)" is grantee E,-idence or records Inspection or records, etc. Fees Bills of Sale making or completion of the chattels, or rendering them fit for delivery. R.O. 1958, c. 9, s. 32. 33.

(1) Where in a bill of sale Her Majesty is the grantee, this Ordinance applies, except the provisions thereof with respect to affidavits of bona fides and renewal statements. R.O. 1958, c. 9, s. 33. 34.

(1) A certificate furnished by the proper officer touch ing any matter dealt with by this Ordinance shall be received for all purposes as prima facie evidence of the facts set out in the certificate, and a copy of a document filed or registered under this Ordinance certified by the proper officer shall be received as prima facie evidence for all purposes as if the original document were produced.

(2) No proof is required of the signature or official position of any proper officer in respect of any certificate produced as evidence pursuant to this section. R.O. 1958, c. 9, s. 34. 35.

(1) Any person may, during the office hours prescribed by

section 5 and upon payment of the prescribed fees, inspect any document registered or filed under this Ordinance and the books containing records or entries of such documents. R.O. 1958, c. 9, s. 35; 1964 (1st) c. 5, s. 2. 36.

(1) The Commissioner may prescribe the fees to be charged under this Ordinance. R.O. 1958, c. 9, s. 36; 1971 (1st) c. 20, s. 2. NOTE: This Ordinance is based on a model Act recommended by the Conference of Commissioners on Uniformity of Legislation in Canada. 44

Bills of Sale

SCHEDULE I FORM 1 (Section 11) Chap.

B.1 RENEWAL STATEMENT OF CHATTEL MORTGAGE Statement setting out the interest of ........................................ .. ........ .in the chattels mentioned in the bill of sale dated the ................ day of.. ................................. , 19...., made between .................................................... of. ........................................................ . of the one part, and .................................... of.. ................................. .. of the other part; and registered in the office of.. ......................... . of the registration district of.. .................................. , on the day oL ..................................... 19 ........ , and of the amount still owing for principal and interest, or the extent or amount of the liability still by the said bill of sale.

The said ........................................ is still the mortgagee of the said chattels, and has not .assigned the said bill of sale (or the said ......................................... .is the assignee of the said bill of sale by virtue of an assignment thereof, dated the ................................ .. day of.. ..................................................... , 19 ........ ,) (or as the case may be).

The amount still owing for principal and interest on the said bill of sale is in the sum of $ ........................ (or the extent or amount of the liability still secured by the said bill of sale is as follows: here give particulars). Signature of Mortgagee or Assignee R.O. 1958, c. 9, Sched. 45

Chap. H-I Bills of Sale Registration District of .......................................................... . To Wit:.......... . .......................................................... .

I, ..................................... , of the ..................................................... . of. ................................................ , in the ......................................... of ............................................. , the mortgagee named in the bill of sale mentioned in the foregoing (or annexed) statement (or assignee of the mortgagee named in the mortgage mentioned in the foregoing (or annexed) statement) (as the case may be), make oath and say: 1. That the foregoing (or annexed) statement is true; 2.

That the bill of sale mentioned in the said statement has not been kept in force for any fraudulent purpose. Sworn before me at ............................................................................. . in the Registration District of... ........................................................ . this ................ day aL ................................................... , 19 ....... . (A Commissioner, etc.) R.O. 1958, c. 9, Sched. 46

Bills 0/ Sale FORM 2 (Section 20) CERTIFICATE OF DISCHARGE Chap.

B-l I, ................................................ , of.. .................................................. , do certify that .................................................................. has satisfied all money due, or accruing due on a certain bill of sale made by ............................................ to ...................................... , which bill of sale bears date the ............ day of... .................................... .19 ........ , and was registered (or in case the bill of sale has been renewed was last renewed) in the office of the ........................................ of the registration district of ............................ , on the ...................... day of ................................................ 19 ........ , as No ............................... (here mention the date of registration of each assignment thereof, and the names of the parties, or mention that such bill of sale has not been assigned, as the fact may be) i and that I am the person entitled by law to receive the money, and that such bill of sale is therefore discharged.

Witness my hand, this ............ day of ................................ , 19 ....... .. (Signature of Mortgagee or Assignee) Witness: R.O. 1958, c. 9, Sched. 47

Blasting Chap. B-2

CHAPTER B-2 BLASTING ORDINANCE

SHORT TITLE 1. This Ordinance may be cited as the Blasting Ordinance.

Short title R.O. 1958, c. 10, s. 1. IlI:TERPRET A TION 2.

(1) In this Ordinance "blaster" means a person who is the holder of a permit; "explosive" means gunpowder, blasting powder, nitroglyce rine, gun-cotton, dynamite, blasting gelatine, gelignite, fulminates of mercury or of other metals, and every other substance made, manufactured or used with a view to producing a violent explosion, and includes detonators; "inspector" means a person appointed or authorized to act as such by the Commissioner under

section 4; "permit" means a blaster's permit issued under

section 5 or a temporary permit issued under

section 9. R.O. 1958, c. 10, s. 2. APPLICATION

Definitions "blaster" "exploshoe" "inspector" Upermit" 3.

(1) This Ordinance applies to any operation III which Application explosives are used for blasting. R.O. 1958, c. 10, s. 3. APPOINTMENT OF IlI:SPECTORS 4.

(1) The Commissioner may appoint or authorize to act as an inspector one or more duly qualified persons to carry out the provisions of this Ordinance. R.O. 1958, c. 10, s. 4. BLASTERS' PERMITS 5.

(1) Subject to

section 7, an inspector may issue a blast er's permit, in Form 1 of

Schedule I, to any person authoriz ing such person to conduct blasting operations.

(2) A blaster's permit issued under this

section shall be subject to such restrictions and conditions as are endorsed thereon. R.O. 1958, c. 10, s. 5. 49 Appointment of inspectors Issuance of blaSle,·s pennit Restrictions

Chap. B·2 Applica.ion for permit Qualifica.ions Subs.ance of examination Type of exami nation Temporary permit Idem. Blasting 6.

(1) Every applicant for a blaster's permit shall make and transmit to an inspector an application, in Form 2 of

Schedule I, accompanied by a written testimonial from an employer or blaster certifying that the applicant has had at least six months experience in connection with blasting oper ations, or as an assistant to a blaster, and that in the opinion of such employer or blaster the applicant's character, knowl edge and experience qualify him to handle explosives. R.O. 1958,c.l0,s.6. 7.

(1) No person is qualified to be the holder of a blaster's permit unless (

a) he has a satisfactory knowledge of the English lan guage; and (

b) he has achieved a satisfactory result in an examination given by an inspector pursuant to

section 8. R.O. 1958, c. 10, s. 7. EXAMIl\ATIONS 8.

(1) An inspector shall examine every applicant for a blaster's permit as to the applicant's knowledge of the following: (

a) drilling for blasting purposes; (

b) commercial explosives; (

c) blasting accessories; (

d) the use of safety fuses; ~

e) electrical blasting; (

f) transportation and storage of explosives and blasting accessories; and (

g) the safe use of explosives for general purposes.

(2) An examination under this

section may be written or oral or may be given in any other manner as the inspector requires for the purpose of satisfying himself as to the qualifications of the applicant. R.O. 1958, c. 10, s. 8. TEMPORARY PERMITS 9.

(1) An inspector or any person authorized by him in that behalf may issue a temporary permit, in Form 3 of

Schedule I, to any person to handle and use explosives.

(2) No permit shall be issued under this

section unless the inspector or person authorized by him in that behalf is satisfied that the applicant for the permit has an adequate knowledge of the handling and use of explosives. 50

Blasting Chap. B-2

(3) A permit issued under this

section shall be valid for any Duration.etc period not exceeding ninety days as is specified therein and shall be subject to such restrictions and conditions as are endorsed thereon by the inspector or person authorized by him in that behalf.

(4) Where a permit is issued under this

section by any Notification person authorized by an inspector in that behalf, such person shall forthwith notify the inspector of the issue of the permit. R.O. 1958, c. 10, s. 9. PROHIBITIONS 10.

(1) Subject to subsection (2), no person other than a blaster shall conduct a blasting operation.

(2) A blaster may be assisted by reliable persons who are not blasters, but the blaster shall assume full authority over such persons and shall be responsible for the conduct of their work.

(3) In this

section "blasting operation" means any blasting operation requiring the use of explosives, and includes the preparing and firing of charges and the handling of misfires. R.O. 1958, c. 10, s. 10. 11.

(1) No person in charge of any operation in respect of which it is necessary to use exposives shall allow a person other than a blaster to carry on blasting operations in connec tion therewith. R.O. 1958, c. 10, s. 11. 12.

(1) No person shall refuse to produce for inspection any permit of which he is the holder when requested to do so by an inspector or a member of the Royal Canadian Mount ed Police. R.O. 1958, c. 10, s. 12. Blasting opera· tions Assistant "blasting operation" defined l:nauthorized persons Production of permit 13.

(1) No person may make or assist in making any false False representa· representation for the purpose of procuring a permit for lion himself or any other person. R.O. 1958, c. 10, s. 13. BLASTIN"G ACCIDENTS 14.

(1) Where a blasting accident occurs in which any personal injury is sustained or where there is any unusual occurrence in which explosives are involved, the permit of any person in charge of the blasting operation shall be suspended by his employer or an inspector, pending investi gation of the accident or occurrence. 51 Suspension of permit

Chap. B·2 Repon to inspector Inspector to in\'estigBte Suspension of blaster Revocation of permit Penalty Ci"il action for damages Rules Blasting

(2) The person in charge of the blasting operation or his employer shall immediately forward a report of the accident or occurrence to an inspector and shall enclose with the report the permit, if any, of such person.

(3) The inspector shall forthwith investigate the accident or occurrence and submit the results of his investigation to the Commissioner. R.O. 1958, c. 10, s. 14. PENALTIES 15.

(1) Where in the opinion of the employer or his agent,

Document details

Collection	Yukon — Historical Statutes
Citation	R.O.Y.T. 1971 v.1
Type	statute
Volume / chapter	1971 v1
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	c24d74dcc954ed7a15edfbc99e2b2459c494a72c

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