REVISED ORDINANCES OF THE YUKON TERRITORY 1971 VOLUME 11 Chap. L-l/W-5 Appendix 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 VOLUiVIE I Page An Ordinance Respecting thc Revised Ordinances oC 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-U C-12 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 D-1 D-2 D-3 D-4 D-5 D-6 D-7 E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-8 Apprentice Training. . . . . .................................... . Arbitration ...................................................... . Archives ........................................................ . Area Development ............................................... . Assignment oC Book Debts ........................................ .

Bills oC Sale ..................................................... . Blasting ........................................................ . Brands ......................................................... . Bulk Sales. . . . . . ... .. . ........................................ . Business Licence ................................................. . Cancer Diagnosis ........................................... . Cemeteries Ilnd Burial Sites. . . . . . . . . . . . . . ............. . Change of Name ................................................. .

Child Welfare. . . . . . . . ........................................ . 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 Securi tics Registration ................................. . Court oC Appeal. . . . . ........................................ .

Credit UniQJls ................................................... . Creditors' Relief ................................................. . Curfew ......................................................... . Defamation ................................................ . Dental Profession ................................................ . Dependants' Relief ............................................... . Devolution of Real Property ...................................... . Disabled 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-lO F-ll F-12 G-l G-2 G-3 G-4 H-1 H-2 H-3 H-4 H-5 H-6 I-I 1-2 1-3 1-4 J-1 J-2 J-3 L-1 L-Z L-3 L-4 L-5 L-6 L-7 L-8 L-9 L-1O L-11 M-I M-2 M-3 M-4 M-5 M-6 M-7 M-8 M-9 M-lO M-11 N-l N-2 N-3 0-1 0-2 P-l Factors ......................................................... . Fair Practices ................................................... . Fatal Accidcnts .................................................. . Financial Administration ......................................... . Fire Prevention. . . . . . . . . . . . . . . . . . . . . ....................... .

Fitness and Amateur Sport Agreement ............................. . Flag ........................................................... . Floral Emblcm . . . . . . . ......................................... . Forest Protection ................................................ . Frustrated Contracts ............................................. . Fuel Oil Tax .................................................... . Fur Export ..................................................... . Game .......................................................... . Gaols ......................................................... .

Garage Keepers' Licn. . . . . . . . . . . . . . . . . . . . . . . . . . ............. . Garnishee ...................................................... ,. Health Care Insurance Plan ....................................... . Historic Sites and Monuments ..................................... . Hospital Insurance Services ....................................... . Hotels and Tourist Establishments ................................. . Housing. . .. . .......................................... . Housing Developmcnt. . . . . . . . . . . . . ................... .

Immunity of Members ........................................... . Insurance ....................................................... .

Interpretation. . . . . . . . . . . . . . . . . . . . . . ........ . Intestate Succession .............................................. . Judicature. . . . . . . . . . . . . . . . . . . . . . . . . . .................... . Jury ........................................................... . Justice of the Peace. . . . . . . . . . . . . . . ......................... . VOLU".'.!E II Labour Standards ................................................ . Landlord and Tenant ............................................. . Lands .......................................................... .

Legal Profession ................................................. . Legal ProCession 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 P-2 Pawnbrokers and Second-Hand Dealers ............................. . P-3 Perpetuities ..................................................... . P-4 Pharmaceutical Chemists ......................................... . P-5 Plebiscite ....................................................... . P-6 Pounds ......................................................... . P-7 Presumption of Death ............................................ . P-8 Public Health ................................................... . P-9 Public Printing .................................................. .

P-1O Public Service ................................................... . P-11 Public Service Staff Rclations ..................................... . R-I Reciprocal Enforcement of Judgments .............................. . R-2 Reciprocal Enforcement of Maintenance Orders ...................... . R-3 Recording of Evidence by Sound Apparatus ......................... . R-4 Regulations ..................................................... . R-5 Rehabilitation Serviccs ........................................... . S-1 Sale of Goods ................................................... .

S-2 Saw Logs Driving ................................................ . S-3 School. ......................................................... . 8-4 Scientists and Explorers .......................................... . S-5 Securities ....................................................... . S-6 Social Assistance ................................................. . S-7 Societies ........................................................ . S-8 Steam Boilers ................................................... . 8-9 Students' Grants ................................................ .

S-1O ~upe~annu~tion, Territorial Employees' ............................. . S-l1 Survlvorshlp .................................................... . T-l Tenants in Common ............................................. . T -2 Territorial Court ................................................ . T-3 Trade Schools Regulation ......................................... . T-4 Transport Public Utilities ......................................... . T -5 Trustee ......................................................... . V-I Variation of Trusts .............................................. .

V -2 Vital Statistics .................................................. . W-I Wages Recovery ................................................. . \\'-2 Warehousemen's Lien ............................................ . \V-3 Wills ........................................................... . W-4 Woodmen's Lien ................................................. . \V-5 Workmen's Compensation ........................................ .

Schedule B-Ordinances and Portions of Ordinances Repealed ................ . Apl'BXl)IX List of Ordinances aud Parts of Ordinances Not Repealed and Not Con- solidated ...................................................... . Yukon Act (Office ConBolidation) .................................. . Northern Inland Waters Act (Office Consolidation) .................. . Territorial Lands Act (Office Consolidation) ......................... . Yukon Placer Mining Act (Office Consolidation) ..................... .

Yukon Quartz Mining Act (Office Consolidation) .................... . v PAGE 1275 1279 1287 1303 1305 13Il 1313 1323 1325 1339 1383 1387 1395 1397 140l 1405 1425 1431 1465 1467 1491 1497 1515 1527 1529 1531 1533 1535 1539 1543 1557 1577 1579 1611 1619 1623 1635 1645 1689 1697 1711 1729 1747 1755 1789

SCHEDULE A (continued)

Labour Standards Chap. L-I

CHAPTER L-I LABOUR STANDARDS ORDINANCE

SHORT TITLE I. This Ordinance may be cited as the Labo·ur Standards Shor!!i!ie Ordinance. 1968 (2nd) c. 1, s. 1. INTER PRET A TION 2.

(1) In this Ordinance "Advisory Board" means the Advisory Board established under subsection 47(1); "collective agreement" means an agreement in WrIting between an employer or an employer's organization acting on behalf of an employer, on the one hand, and a trade union acting on behalf of the employees in collective bargaining or as a party to an agreement with the employ­ er or employer's organization, on the other hand, contain­ ing terms or conditions of employment of employees including provisions with reference to rates of pay and hours of work; "day" means any period of twenty-four consecutive hours; "employee" means a person employed to do skilled or unskilled manual, clerical, technical, operational or administrative work; "employer" means any person who employs one or more employees; "general holiday" means New Year's Day, Good Friday, Victoria Day, Dominion Day, Discovery Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day and includes any day substituted for any such holiday pursuant to

section 25; "industrial establishment" means any work, undertaking or business of a local or private nature in the Territory and includes a branch,

section or ot.her division of such work, undertaking or business; "member of a family" in respect of an employer means the employer's spouse, parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother, half-sis­ ter, and a person who stands in loco parentis to the employ- 923 Delini! ions .!:\.dvisory Board" Ucollecti\'e agreement" "employee" .Iemplo~·er" HgenerBI holi­ day" "induslrial establishment ,. IImemher of 8 ramily"

Chap. L·} "shop" "standard hours of work" Utrade union" Uwagesll Application of Ordinance SB\"ing more fal'omahle benefit.

Work on Sunday Labour Standards er or to whom the employer stands in loco parentis whether or not there is any degree of consanguinity between that person and the employer, and includes an illegitimate grandchild of the employer and the parents and grandpar­ ents of an employer who is an illegitimate child; "overt.ime" means hours of work in excess of standard hours of work; "shop" means a place or establishment where wholesale or retail trade is carried on or where services are dispersed to t.he public for profit; "standard hours of work" means the hours of work described in subsection 5(1) or 5(2), as the case may be; "trade union" means any organization of employees formed for purposes that include the regulation of relations between employers and employees; "wages" includes every form of remuneration for work per­ formed but does not include tips and other gratuities; "week" means in relation to

Part I, the period between midnight on Saturday and midnight on the immediately following Saturday. 1968 (2nd) c. 1, s. 2. APPLICATION 3.

(1) This Ordinance applies (

a) to employment in or in connection with the operation of any industrial establishment; (

b) to and in respect of employees who are employed in or in connection with the operation of any industrial est.ablishment; and (

c) to and in respect of the employers of employees referred to in paragraph (b). 1968 (2nd) c. 1, s. 3. 4.

(1) This Ordinance applies notwithstanding any other law or any custom, contract or arrangement, whether made before or after the commencement of this Ordinance, but nothing in this Ordinance shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to him than his rights or benefits under this Ordinance.

(2) Nothing in this Ordinance authorizes the doing of any work on Sunday that is prohibited by law. 1968 (2nd) c. 1, s. 4. 924

Labour Standards

PART I HOURS OF WORK 5.

(1) Subject to this Part, the working hours of an employee shall not exceed eight hours in a day and forty­ eight hours in a week.

(2) The working hours of an employee who is employed in a shop shall not exceed eight hours in a day and forty-four hours in a week.

(3) Subject to this Part, no employer shall cause or permit an employee to work in excess of the standard hours of work.

(4) This Part does not apply to (

a) employees who are members of the employer's family; (

b) individuals who search for minerals; (

c) travelling salesmen; (cl) domestic servants; (

e) farm labourers; (

j) individuals whose duties are solely of a supervisory or managerial character; (9) members or students of such professions as may be designated by the regulations as professions to which this Part does not apply; and (

h) such other persons or classes of persons as may be designated by the regulations as persons or classes of persons to which this Part does not apply.

(5) Where there is a dispute as to whether this Part applies in relation to any person or class of persons the matter shall be determined by the Labour Standards Officer. 1968 (2nd) c. 1, s. 5. 6.

(1) An employee may be employed in excess of the standard hours of work but, subject to

section 10, the total hours that may be worked by an employee shall not. exceed ten hours in any day, sixty hours in any week and two hundred and sixty hours in any month, or such fewer number of hours as may be prescribed by the regulations as maximum working hours in the industrial establishment in respect of which is he employed.

(2) Where, in the opinion of the Advisory Board the nature of the work performed in an industrial establishment or in a class thereof is seasonal or intermittent in nature or requires that the maximum hours of work be exceeded. the Commis­ sioner, on the recommendation of the Advisor)' Board, shall 925 Chap. L·l Standard hours of work Standard hours of work in a shop Excess hours of work prohibited Exempt from

Part I Disputes r. application ~Iaximum hours of "'ork Commissioner mAy increase mAximum hours

Chap. L-} Considerations of Board A"eraging hours of "'ork Scheduling hours of "'ork O\'ertime PRY Overtime prohibited r' persons employed in mines Emergency work Labour Standards order that the maximum hours of work of any person or class thereof employed upon or in connection with that industrial establishment or class thereof shall be increased.

(3) Before a recommendation is made to the Commissioner under subsection (2), the Advisory Board shall consider (

a) the nature of the industrial establishment or class thereof; (

b) the conditions of employment therein; and (

c) the welfare of the employees. 1968 (2nd) c. 1, s. 6; 1969 (2nd) c. 6, s. 1. 7.

(1) Where, in the opinIOn of the Commissioner after consultation with the Advisory Board, the nature of the work in an industrial establishment necessitates irregular distribu­ tion of an employee's hours of work, the standard hours of work in a week may be averaged in respect of a period of two or more weeks, in such manner and in such circumstances as may be prescribed by the regulations. 1968 (2nd) c. 1, s. 7. 8.

(1) Except as may be otherwise prescribed by the regu­ lations, standard hours of work in a week shall be so sche­ duled and actually worked that each employee has at least one full day of rest in the week, and, wherever practicable, Sunday shall be the normal day of rest in a week. 1968 (2nd) c. 1, s. 8. 9.

(1) When an employee is required or permitted to work in excess of the standard hours of work, he shall be paid for the overtime at a rate of wages not less than one and one-half times his regular rate.

(2) No employer shall require or permit an employee engaged in mining operations underground in a shaft or tunnel to work or to be at his disposal for work in excess of the standard hours of work. 1968 (2nd) c. 1, s. 9. 10.

(1) The maximum hours of work may be exceeded In cases of (

a) accident to machinery, equipment, plant or persons, (

b) urgent and essential work to be done to machinery, equipment or plant, or (

c) other unforeseen or unpreventable circumstances, but only to the extent necessary to prevent serious interfer­ ence with the ordinary working of the industrial estab­ lishment affected. 926

Labour Standards

(2) Where t.he maximum hours of work have been exceeded under the authority of this section, the employer shall, upon request, report in writing to the Commissioner, stating the nature of the circumstances in which the maximum hours were exceeded, the number of employees who worked in excess of the maximum hours, and the number of additional hours each of them worked. 1968 (2nd) c. 1, s. 10; 1969 (2nd) c. 6, s. 2.

PART II MINnw:\! WAGES 11.

(1) Subject to this Part, on and after January 1, 1972, an employer shall pay to each employee seventeen years of age or over, a wage at the rate of not less than one dollar and seventy-five cents an hour or not less than the equivalent of that rate for the time worked by him.

(2) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Commissioner may, by order, (

a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied; and (

b) fix a minimum rate of wage that. in his opinion is the equivalent of the minimum rate set forth in subsection (1) ; and subject to this Part the employer shall pay to each employee who is paid on a basis other than time a wage at a rate not less than the minimum rate fixed by order under this subsection. 1968 (2nd) c. 1, s. 11; 1970 (1st) c. 4, s. 1; 1971 (3rd) c.6,s.1. 12.

(1) Where an employer has a contract for the perform­ ance of a public work of the Territory, he shall pay his employees who are engaged on or in connection with that public work not less than the prevailing wage rate applicable to the work performed by his employees as that rate is set out in an applicable

schedule of wage rates prepared by the Director of Labour Standards, Department of Labour, pursu­ ant to the Fair Wages and Hours of Labour Regulations. 1968 (2nd)c. l.s. 12. 13.

(1) No employer shall employ a person under seven­ teen years of age (

a) in such occupations as may be prescribed by regu­ lations; 927 Chap. L-I Reporting additional ~·ork 'Iinimum hourly "·age ~linimum on other ba, is than lime Public ,,"arks Employees under I i yeRrs of age

Chap. L·l Regulal ions applicable 10 Ihis ParI. Labour Standards (

b) at a wage less than the minimum wage prescribed by the regulations for the occupation in which such person is employed; or (

c) contrary to such conditions as may be prescribed. 1968 (2nd)c.1,s.13 .. 14.

(1) The Commissioner may make regulations for car­ rying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations (

a) requiring employers to pay employees, who report for work at the call of the employer, wages for such mini­ mum number of hours as may be prescribed whether or not the employee is called upon to perform any work after so reporting for work; (

b) fixing the maximum price to be charged for board, whether full or partial, supplied by or on behalf of an employer to an employee, and the maximum deduc­ tion to be made therefor from the wages of the employee by the employer; (

c) fixing the maximum price to be charged for living quarters, either permanent or temporary, supplied by or on behalf of an employer to an employee, whether or not such quarters are self-contained and whether or not the employer retains general possession and cus­ tody thereof, and the maximum deduction to be made therefor from the wages of the employee by the employer; (cl) governing the charges or deductions for supplying uni­ forms or other articles of wearing apparel that an employer may require an employee to wear or requir­ ing an employer in any specified circumstances to supply, maintain or launder uniforms or other articles of wearing apparel that he requires an employee to wear; (

e) governing the charges or deductions for supplying any tools or equipment that an employer may require an employee to use and for the maintenance and repair of any such tools or equipment; (

f) specifying the circumstances and occupations in which persons under seventeen years of age may be employed in any industrial establishment, fixing the conditions of such employment and prescribing the minimum wages for such employment; and (

g) exempting, upon such terms and conditions and for such periods as are considered admisable, any employ­ er from the application of

section 11 in respect of any 928

Labour Standards class of employees who are being trained on the job, if the training facilities provided and used by the employer are adequate to provide a training program that will increase the skill or proficiency of an employee. 1968 (2nd) c. 1, s. 14.

PART III ANNUAL VACATIONS 15.

(1) In this Part "vacation pay" means four percent of the wages of an employee during a year of employment in respect of which he is entitled to a vacation; " f I" . I f year 0 emp oyment means contInUOUS emp oyment 0 an employee by one employer for a period of twelve consecu­ tive months beginning with the date the employment began or any subsequent anniversary date thereafter. 1968 (2nd) c. 1, s. 15. 16.

(1) Subject to this Part, every employee is entitled to and shall be granted a vacation with vacation pay of at least two weeks in respect of every completed year of employment.

(2) For the purposes of this Part, a year of employment includes a year of employment begun before the coming into force of this Part and completed after that date.

(3) This Part does not apply to employees who are mem­ bers of the employer's family. 1968 (2nd) c. I, s. 16. 17.

(1) The employer of an employee who under this Part has become entitled to a vacation with vacation pay (

a) shall grant to the employee the vacation to which he is entitled, which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and (

b) shall, at least one day before the beginning of the vacation or at such earlier time as the regulations prescribe, pay to the employee the vacation pay to which he is entitled in respect of that vacation. 1968 (2nd) c. 1, s. 17. Chap. L·l Derinilions ''\-aC8Iion pay" "year or employ· ment" :\nnuBI \"RC8Iion wilh pay Year begun berore com· menremeOl or Ihis Pari Exempl rrom Pari III Grftnllng \"scation with pa)· 18.

(1) Vacation pay shall for all purposes be deemed to Vftrolion PO)· be wages. 1968 (2nd) c. l. s. 18. 929

Chap. L·} Agreement between employ· er and employee Idem. General holiday during ,oacation Termination of employment during year Employment for 30 days required Transfer of industrial establishment Labour Standards 19.

(1) Where, in the opinion of the Labour Standards Officer, there is a shortage of labour, an employer and an employee may enter into a written agreement whereby the employee will not take annual vacation to which he is enti­ tled under

section 16 and the employer is not subject to the provisions of

section 17 with respect to that employee.

(2) Where an agreement referred to in subsection (1) is entered into, the employer shall, within ten months after the date on which the employee became entitled to an annual vacation, pay to the employee in addition to any other amount due to him, his vacation pay for the year immediate­ ly preceding the date on which he became entitled to the annual vacation. 1968 (2nd) c. 1, s. 19. 20.

(1) Where a general holiday occurs during the vaca­ tion granted to an employee pursuant to this Part, the vacation to which the employee is entitled under this Part shall be extended by one day, and the employer shall pay to the employee, in addition to the vacation pay, the wages to which the employee is entitled for that general holiday. 1968 (2nd) c. 1, s. 20. 21.

(1) Where the employment of an employee by an employer is terminated before the completion of the employee's year of employment. the employer shall forth­ with pay to the employee (

a) any vacation pay then owing by him to the employee under this

Part in respect of any prior completed year of employment; and (

b) four percent of the wages of the employee during the completed portion of his year of employment.

(2) Notwithstanding paragraph (1)(b), an employer is not required to pay an employee any amount under that para­ graph unless the employee has been continuously employed by him for a period of thirty days or more. 1968 (2nd) c. 1, s. 21. 22.

(1) Where any industrial establishment in or in con­ nection with which an employee is employed is, by sale, lease, merger or otherwise, transferred from one employer to another employer, the employment of the employee by the two employers before and after the transfer of the industrial establishment shall, for the purposes of this Part, be deemed to be continuous with one employer, notwithstanding the transfer. 1968 (2nd) c. 1, s. 22. 930

Labour Standards 23.

(1) The Commissioner may make regulations for car­ rying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regu I a tions (

a) defining the circumstances and conditions under which the rights of an employee under this Part may be waived or the enjoyment thereof postponed; (

b) prescribing the notices to be given to employees of the times when vacations may be taken; (

c) prescribing the time when vacation pay shall be paid; (

d) defining the absence from employment that shall be deemed not to have interrupted continuity of em­ ployment; (

e) for the calculation and determination of vacation and vacation pay in the case of seasonal or temporary employees or in other suitable cases; (

j) providing for the granting of vacation or payment of vacation pay in the event of temporary cessation of employment; and (

g) providing for the application of this Part where, owning to illness or other unavoidable absence, an employee has been absent from his employment. 1968 (2nd) c. 1, s. 23.

PART IV GENERAL HOLIDAYS 24.

(1) Subject to this Part, every employer shall give to each of his employees a holiday with pay in respect of each of the general holidays falling within any period of their employment.

(2) Where a general holiday falls on a Sunday, the Monday immediately following shall be a holiday with pay. 1968 (2nd) c. 1, s. 24. 25.

(1) Any other holiday may be substituted for a gener­ al holiday in any of the circumstances following: (

a) where a class of the employees of an employer is represented by a trade union and the parties to a collective agreement entered into with regard to the terms or conditions of employment of the employees notify the Labour Standards Officer in writing that a specified day has been designated in the collective agreement as a holiday with pay in lieu of a general holiday under this Part, such designated day shall, for 931 Chap. L-} RegulRtinns in relalion 10 annual \'acations General holidays with pay· Gene,"1 holiday railing on Sunday Substituted holidays

Chap. L-I Weekly or monthl.,· pay not to be reduced lor holiday Pa~' at d. iI)' or hourly rate Pay on other basis Additional pay lor holiday "'ork One & one· half time regular rale or wages Labour Standards those employees mentioned in the collective agree­ ment, be a general holiday for the purposes of this Ordinance; or (

b) where no employees of an employer are represented by a trade union or where a class of employees is not provided for under a collective agreement with regard to general holidays, and the employer applies to the Labour Standards Officer to substitute another desig­ nated holiday for any general holiday under this Part, the Labour Standards Officer may, if he is satisfied that a majority of the employees or a majority of the class of employees, as the case may be, who are not provided for under a collective agreement in regard to general holidays, concur with the application, approve the substitution of such designated holiday for the specified general holiday, and such designated day shall for those employees be a general holiday for the purposes of this Ordinance. 1968 (2nd) c. 1, s. 25. 26.

(1) An employee whose wages are calculated on a weekly or monthly basis shall not have his weekly or monthly wages reduced for a week or month in which a general holiday occurs by reason only of his not working on the general holiday.

(2) An employee whose wages are calculated on a daily or hourly basis shall, for a general holiday on which he does not work, be paid at least the equivalent of the wages he would have earned at his regular rate of wages for his normal hours of work.

(3) An employee whose wages are calculated on any basis other than a basis referred to in subsection (1) or (2) shall, for a general holiday on which he does not work, be paid at least the equivalent of his daily wages, based upon the average of his daily wages, exclusive of overtime, or bonus for the week in which such general holiday occurs. 1968 (2nd) c. 1, s. 26. 27.

(1) Subject to

section 31, an employee who is required to work on a day in respect of which he is entitled under this Part to a holiday with pay shall be paid, in addition to his regular payment made in accordance with

section 26, at a rate at least equal to one and one-half times his regular rate of wages for the time worked by him on that day. 1968 (2nd) c.I,s.27. 28.

(1) An employee who is not required to work on a general holiday shall not be required to work on another day that would otherwise be a non-working day in the week in 932

Labour Standards which that holiday occurs, unless he is paid at a rate at least equal to one and one-half times his regular rate of wages for the time worked by him on that day. 1968 (2nd) c. 1, s. 28. 29.

(1) Pay granted to an employee in respect of a general holiday on which he does not work shall for all purposes be deemed to be wages. 1968 (2nd) c. 1, s. 29. 30.

(1) No employee is entitled to be paid in respect of a general holiday on which he does not work (

a) where he is not entitled to wages for at least fifteen days during the thirty calendar days immediately preceding the general holiday; (

b) where the general holiday occurs during the first thirty days of his employment by an employer; (

c) where he did not report for work on that day after having been called to work on that day; (

d) where, without the consent of his employer, he has not reported for work on either his last regular working day preceding or his first regular working day follow­ ing the general holiday; or (

e) where during the four-week period immediately preceding the week in which the general holiday falls, excluding any period during which he has taken annual vacation pursuant to

Part In. he has not worked an average of twenty-four hours per week. 1968 (2nd) c. ]. s. 30. 31.

(1) Where a person employed in or in relation to custodial work or essential services as prescribed by regula­ tions is required to work on a day that is a holiday under this Part, he shall be granted a holiday with pay in accordance with

section 26 at some other time which may be added to his annual vacation or granted as a holiday with pay at a time convenient to him and his employer. 1968 (2nd) c. 1, s. 31. 32. (

i) For the purposes of this Part a person is deemed to be in the employment of another person when he is available at the call of such other person whether or not he is called upon to perform any work therefor. 1968 (2nd) c. 1, s. 32. PARTV ADMINISTRATION AND GENERAL 33.

(1) Every employer shall post and keep posted in a conspicuous place on the premises occupied or used by his 933 Chap. L·} Holiday pa)' Where holida), P8)' not required CuslOdial work and essential sen'ices "Employment" (or the purpo>es o( this Part Emplo)'er to post Ordinance

Chap. L.l Days of Pay Labour Stand· ards Ol/icer Powers of Labour Stand· ards Ol/icer Right to enter premises Certificate of 8ulhorizB.lion Labour Standards employees a copy of this Ordinance, the regulations and any orders made by the Commissioner. 1968 (2nd) c. 1, s. 33. 34.

(1) Subject to subsection (2) an employer shall, not later than ten days after the expira tion of each calendar month, pay to his employee all wages, other than vacation pay, owing to him in respect of such month;

(2) Where the employment of an employee is terminated at any time the employer shall forthwith pay to the employee all wages then owing to him. 1968 (2nd) c. 1, s. 34; 1969 (2nd) c. 6, s. 3. 35.

(1) The Commissioner shall appoint a Labour Stand­ ards Officer to administer this Ordinance.

(2) The Labour Standards Officer may, for the purposes of enforcing this Ordinance or the regulations, (

a) inspect and examine all books, payrolls and other records of an employer that in any way relate to the wages, hours of work or conditions of employment affecting any employee; (

b) take extracts from or make copies of any entry in the books, payrolls and other records mentioned in para­ graph (a); (

c) require any employer to make or supply full and correct statements, either orally or in writing in such form as may be required, respecting the wages paid to all or any of his employees, and the hours of work and conditions of their employment; and (cl) require an employee to make full disclosure, produc­ tion and delivery to him of all records, documents, statements, writings, books, papers, extracts therefrom or copies thereof or of other information either verbal or in writing that the employee has in his possession or under his control and that. in any way relate to the wages, hours of work or conditions of his employment.

(3) The Labour St.andards Officer may at any reasonable time enter upon any place used in connection with any industrial establishment for the purpose of making an inspec­ tion authorized under subsection (2), and may, for such pur­ pose, question any employee apart. from his employer.

(4) The Labour Standards Officer shall be supplied by the Commissioner with a certificate of his authority and on entering any place used in connection with an industrial establishment shall, if so required, produce the certificate to the person in charge thereof. 934

Labour Standards

(5) The person in charge of any industrial establishment and every person employed t.herein or in connection, there­ with shall give the Labour St.andards Officer all reasonable assistance in his power to enable t.he Labour Standards Offi­ cer to carry out his duties under this Ordinance and the regulations. 1968 (2nd) c. 1, s. 35. 36.

(1) The Labour St.andards Officer may administ.er all oaths and take and receive all affidavits and statutory decla­ rations required under subsection 35(2) and certify to the administration of the taking thereof. Hj68 (2nd) c. 1, s. 36. 37.

(1) Where the Labour Standards Officer finds that. an employer has failed to pay an employee (

a) the minimum wage prescribed under this Ordinance; (

b) any overtime pay to which the employee is entitled under this Ordinance, or; (

c) any vacation payor holiday pay to which the employee is entitled under this Ordinance; the Labour Standards Officer ma v determine the difference between the wages actually paid v to t.he employee and the wages to which the employee is entitled, and, if the amount of the difference is agreed to in writing by the employer and the employee, the employer shall, within five days after the date of the agreement, pay that amount to the Commissioner who shall pay it over to the employee forthwith upon the receipt thereof by him.

(2) No prosecution for failure to pay an employee the full wages to which he was entitled under this Ordinance shall, without the written consent of the Commissioner, be institut­ ed against an employer when he has made payment of any amount of difference in wages in accordance with subsection (1).1968 (2nd) c. 1, s. 37. 38.

(1) The Commissioner may designate any person as an inspector under this Ordinance.

(2) A n inspector shall have such powers under this Ordi­ nance and shall perform such functions and duties as the Commissioner may prescribe by regulation. 1968 (2nd) c. 1, s. 38. INFORMATION AND RETURl\S 39.

(1) Every employer shall keep such records and supply such information relating to the wages of his employees, their hours of work, and the general holidays, annual vacations 935 Chap. L.} Duty to assist Labour Stand· ards Officer Administering oath; Where under· pA)'ments found on inspect ion Consent reqnired ror prosectll ion InSI)ectofs Powers. duties and funct ions of inspertors Information And relurns

Chap. L-l I\olire 10 surpl~' inrormation Pay slatement Exemption Orrenre, Labour Standards and conditions of work of his employees, and make such returns thereon from time to time, as t.he Commissioner may reqUire.

(2) The Commissioner may require an employer to supply information referred to in subsection (1) by a notice that effect served personally or sent by registered mail addressed to the latest address of the employer for whom the notice is intended and the employer shall supply the information within such reasonable time as is specified in the notice. 1968 (2nd) c. 1, s. 39. 40.

(1) An employer shall, at the time of making any payment of wages to an employee, furnish to the employee a statement in writing setting out (0) the period for which the payment of wages is made; (

b) the number of hours for which payment is made; (

c) the rate of wages; (

d) details of the deductions made from the wages; and (

e) the actual sum being received by the employee.

(2) The Commissioner may, by order, exempt any employ­ er from any or all of the requirements of subsection (1). 1968 (2nd) c. 1, s. 40. OFFENCES AND PEXALTIES 41.

(1) A person who (0) contravenes any proVIsIOn of this Ordinance or the regulations, or any order made thereunder; or (

b) discharges or threatens to discharge or otherwise dis­ criminates against a person because that person (

i) has testified or is about to testify in any proceed­ ing had or taken under this Ordinance, or (ii) has given any information to the Commissioner, the Labour St.andards Officer or an inspector regarding the wages, hours of work, annual vaca­ tion or conditions of work of any employee in an industrial establishment, commits an offence and is liable on

summary conviction to a fine not exceeding one thousand dollars.

(2) Where an offence under this Ordinance committed by a corporation is committed with the consent or connivance of any director, manager, secretary or of any official of the corporation in charge or apparently in charge of a project or where an order made pursuant to subsection 44(1) has been disobeyed by a corporation with the consent or connivance of 936

Labo1lr Standards any director, manager, secretary or of any official of the corporation in charge or apparently in charge of a project he, as well as the corporation, commits an offence and he is liable on

summary conviction to a sentence not. exceeding three months or a fine not exceeding one thousand dollars or to both fine and imprisonment.

(3) Where a complaint is laid against. a person who is a corporation a summons may be issued requiring an officer, director, secretary or partner named therein to appear in court to answer the charge on behalf of the corporation and to attend in court from day to day until the trial or hearing has been completed.

(4) Any person who fails to obey a summons issued pursu­ ant to subsection (3) commits an offence and is liable on

summary conviction to a sentence not exceeding three months or a fine not exceeding one thousand dollars or to both fine and imprisonment.

(5) Where a person is convicted of an offence under this Ordinance the court may, on the application of the Labour Standards Officer, order such person to furnish to the Labour Standards Officer security, either in the form of a bond together with one or more sureties as the court thinks fit or otherwise satisfactory to the court in amount and form and conditioned for the payment of all wages.

(6) Where the employer furnishes a bond or other security under subsection (5) the Labour Standards Officer may, by giving written notice to the employer either by registered mail or by service of the notice on that employer, apply the proceeds of the bond or security in whole or in part to any wages that the Labour Standards Officer ascertains the employer subsequently owes to any employee.

(7) Where the employer fails to furnish the bond or securi­ ty under subsection (5) a judge of the Court, upon an applica­ tion made on behalf of the Labour Standards Officer, may restrain the employer from carrying on any indust.ry or business until the bond or security is furnished and the costs of the application are paid. 1968 (2nd) c. 1, s. 41 ; 1970 (Ist) c. 4, s. 2. Chap. L.} 42. (

I) A complaint or information under this Ordinance Procedure may relate to one or more offences by one employer in respect of one or more of his employees. 1968 (2nd) c. 1, s. 42. 937

Chap. L.l Timelimil Order 10 pay 8rre8~ or wages Reinstatement of pay nnd posilion Refm.llo rompl~' wil h or(ier When inBccurRle records kepI Idelllil~' of romplainftnts Labour Standards 43.

(1) Proceedings in respect of an offence under this Ordinance may be instituted at any time within one year after the time wh::n the subject matter of the proceedings arose. 1968 (2nd) c. I. s. 43. 44.

(1) Where an employer has been convicted of an offence under this Ordinance in respect of any employee, the convicting court shall, in addition to any other penalty, order t.he employer to pay to the employee any overtime pay, vacation pay, holiday payor other wages t.o which the employee is entitled under this Ordinance the non-payment or insufficient payment of which constituted the offence for which the employer was convicted.

(2) Where an employer has been convicted of an offence under this Ordinance in respect of the discharge of an employee, the convicting court may, in addition to any other penalty, order the employer (0) to pay compensation for loss of employment to the employee not exceeding such sum as in the opinion of the court is equivalent to the wages that would have accrued to the employee up to the date of conviction but for such discharge; and (

b) to reinstate the employee in his employ at such date as in the opinion of the court is just and proper in the circumstances and in the position that the employee would have held but for such discharge.

(3) An employer who refuses or neglects to comply with an order of a convicting court made under this

section commits an offence and is liable on

summary conviction to a fine not exceeding fifty dollars for each day during which such refusal or failure continues.

(4) In determining the amount of wages or overtime pay for the purposes of subsection (I), if the convicting court finds that the employer has not kept accurate records as required by this Ordinance or the regulations, the employee affected shall be conclusively presumed to have been employed for the maximum number of hours a week allowed under this Ordinance or the number of hours deposed to by the employee whichever is the less and to be entitled to full wages therefor. 1968 (2nd) c. I, s. 44. 45. (

I) Where a person who makes a complaint to the Commissioner or the Labour Standards Officer requests that his name and identity be withheld, his name and identity shall not be disclosed by the Commissioner, the Labour 938

Labour Standards Standards Officer or their officials except where disclosure is necessary for the purposes of a prosecution or is considered by the Commissioner or the Labour Standards Officer to be in the public interest. 1968 (2nd) c. 1, s. 45. Chap. L·l 46.

(1) No civil remedy of an employee against his Ci"i1 remed), employer for arrears of wages is suspended or affected by this Ordinance. 1968 (2nd) c. 1, s. 46. ADViSORY BOARD 47.

(1) The Commissioner shall establish an Advisory Ad"isor~' Board Board consist.ing of (

a) a Chairman; (

b) one member representative of the interests of em­ ployees; and (

c) one member representative of the interest of em­ ployers.

(2) The Advisory Board shall perform the functions and duties given to it and shall advise the Commissioner with respect to any matter that he wishes to refer to it. 1968 (2nd) c.l,s.47. ORDER OF THE COM~lISSIONER Powers and duties of Board 48.

(1) Where by this Ordinance or the regulations, the Orders Commissioner is authorized t.o make any order in respect of any matter, the order may be made to apply generally or in particular cases, or to classes of employees or industrial establishments. 1968 (2nd) c. 1, s. 48. REGULATIONS 49.

(1) The Commissioner may make such regulations as Regulations he deems necessary for carrying out the provisions of t.his Ordinance and, without restricting the generality of t.he foregoing, may make regulations (

a) requiring employers to keep records of wages, vaca­ tions, holidays and overtime of employees and of ot.her particulars relevant to the purposes of this Ordinance or any part thereof, in such form as may be required; (

b) governing the production and inspection of records required to be kept by employers; (

c) for calculating and determining wages received by an employee in respect of his employment, including the monetary value of remuneration other than money 939

Chap. L.} Labour Standards and the regular rate of wages of employees who are not paid solely on a basis of time; (

d) prescribing the maximum number of hours that may elapse between the commencement and termination of the working day of any employee; (

e) fixing the minimum period that an employer may allow his employee for meals, and the maximum period for which an employer may require or permit an employee to work or be at this disposal without a meal period intervening; (

j) providing for the payment of any wages of an employee to the Commissioner or to some other person in the event that the employee cannot be found or in any other case; (

g) prescribing custodial work and essential services for the purposes of

section 31 ; and (

h) prescribing the powers, functions and duties of an inspector designated pursuant to subsection 35(1); and (

t) for any other matter or purpose that under this Ordi­ nance is required or permitted to be prescribed by regulation. 1968 (2nd) c. 1, s. 49. 940

Lalldlord alld Tenallt Chap. L-2

CHAPTER L-2 LANDLORD AND TE;\TANT ORDINANCE

SHORT TITLE I. This Ordinance may be cited as the Landlord and Sho" title Tenant Ordillance. R.O. 19':)8, c. 63, s. 1. I?\TERPRETATION 2.

(1) In this Ordinance

Definitions "crops" means the products of the soil, and includes all sorts "crops' of grain, grass, hay, hops, fruits, vegetables and other products of the soil; "land" includes land of any tenure, and mines and minerals, "land" whether or not held apart from the surface, buildings or parts of buildings, whether the di"ision is horizontal, verti­ calor made in any other way, also a rent charged upon or payable in respeC't of any land, and an easement, right, pri\'ilege or benefit in, onr or deriyed from land, but not an undi\'ided share in land; "landlord" includes e\'ery lessor, owner or person gi"ing or "I.ndlortl·· permitting the oC'('upation of land and their respective succ'essors in title: "mines and minerals" includes any strata or seam of minerals or substances in or under any land and powers of working and getting the same, but not an undi\'ided share thereof.

R.O. 19.18. c. 63. s. 2.

PART I COVE~ ANTS AND CONDITIONS COVENAl\'TS RUNNl!\'G WITH THE LAND Al\'D THE REVERSION 3.

(1) Rent resen'ed by a lease, and the benefit of every coyenant or pro\'ision therein contained, relating to the leased premises and on the tenant's part to be obsen'ed or performed, and eyery conditon of re-entry and other concli­ tion therein contained, is annexed and incident to and goes with the re,'ersionary estate in the land, or in any

part 941 IImines ond minerals" Rent.elr" annexed 10 re\'ersioIlRr~' estate

Chap. L·2 Re('o\'ery hy I'N::OIl cnllT Jefl lolllrome Recorer~' h.\' per50n emilled h~' ('on\'e~'nIH'(' .~Jlplicn(iOIl Cm'f>IIIHII!'oi I:IIHllord allllex· CellO re\'N:,ioll' IIry e~ll1le Lalldlord alld Tenollt thereof. immediately expectant on the term granted by the lease, notwithstanding se\'erence of that re\'ersionary estate.

(2) Any rent, CO\'enant or prO\'ision is capable of being reeo\'ered, reeei\'ed. enforeed and taken ach'antage of. by the person from time to time entitled, subject to the term. to the income of the whole or any part. as the case may require. of the land leased.

(3) Where a person becomes entitled by cOlweyance or otherwise. he may rec·o\'er. reeei\'e, enforce or take ach'antage of the rent, co\,enant or pro\'ision notwithstanding that he hec'omes so entitled after the condition of re-entrv or forfei­ ture has become enforceable. but this subsectio;l does not render enforceable anv condition of re-entr\' or other concli­ tion wai\'ecl or releasee! before a person becol~les so entitled.

(4) This

section applies to leases made before or after the 20th day of l\"oHmber. 19.14. but does not affect the operation of (

n) any se\'erance of the re\'ersionary estate. or (

b) any aequisition by con\'eyance or otherwise of the right to rec'ei\'e or enforce any rent. CO\'enant or prO\'lSlon effec·ted hefore the 20th day of l\"m'ember. 1954. R.O. 1958. e. 53 s. 3. 4.

(1) The ohligation under a condition or of a co\'enant entered into by a landlord relating to his leased premises shnll. if and as far as the landlord had power to bind the re\'ersionary e~tate immediately expectant on the term grant­ ed b~' the lease. be annexed and incident to and shall go with that re\'ersionar~' estate. or the se\'eral parts thereof. notwith­ standing SHeralH'e of that re\'ersionary estate. and may be taken adnllltage of and enforced by the person in whom the term is for the time being \'ested by conveyance, devolution in la\\' or otherwise; and. if and as far as the landlord has power to bind the person' from time to time entitled to that rHersionary estate. the obligation may be taken ad\'antage of and enforced against any person so entitled.

(2) This

section applie~ to leases made before or after the 20th cia\' of l\"o\'ember 19.14. whether the se\'erance of the re\'erSiOl;ar~' estate \\'as effected before or after such date.

(3) This

section takes effect without prejudice to any liabil­ ity affecting a CO\'enantor or his estate. R.O. 19.18, c. 63, s. 4. 942

Landlord and Tenant APPORTIONMENT OF CONDITION OF RE-ENTRY 5.

(1) Notwithstanding the se\'erance by con\'eyance, sur­ render or otherwise. of the re\'ersionary estate in any land comprised in a lease, and notwithstanding the avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised therein, e\'ery condition or right of re-entry, and Hery other condition contained in the lease. shall be apportioned, and shall remain annexed to the se\'ered parts of the re\'ersionary estate as se\'ered. and shall be in force with respect to the term whereon each seYered

part is re\'ersionary, or the term in any land which has not been surrendered or as to which the term has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each se\'ered part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease, R,O, \9.j8. c, 63. s, 5, MERGER, ETC .. OF REVERSIONS 6.

(1) Where a re\'ersion expectant on a lease of land is surrendered or merged the estate or interest which, as against the tenant for the time being, confers the next \'ested right to the land shall be deemed the reversion for the purpose of preserving the same incidents and obligations as would have affected the original reversion if there had been no surrender or merger thereof. R.O, 1958, c, 63, s, 6, WASTE BY TENANTS Chap, L-2 Con<iilioll of re-entr~· where land se\"erecl ~Ierger of re\"ersiolls 7.

(1) Subject to the express terms of any lease, or of any Wam ,'alid and subsisting co\'enant, agreement or stipulation affecting the tenancy, (

a) e\'ery tenant for years and every tenant for life is liable to his landlord and to eYery other person for the time being hadng a reversionary interest in the leased premises for voluntary waste and fOI' permissi\'e waste in respect of the premises to the extent by which the interest of the landlord and other persons, if any, ha\'ing a re\'ersionary interest in the premises is detri- mentally affected thereby; and TentHH (or yeors and lennnt for life (

b) e\'erv tenant at will is liable to his landlord and e\'erv Tennlll 01 will othe"r person hal'ing a reYersionary interest in th"e leased premises for ,'oluntary waste in respect of the premises to the extent by which the interest of the landlord and other persons, if any, ha\'ing a rel'ersion- ary interest in the premises is detrimentally affeeted thereby, 943

Chap. L-2 Landlord and Tenant Remedies

(2) Eyery landlord and every person ha\'ing a reversionary Deferli"e leose 10 take effert ft' contract for grant of lease COIHinuonre of grantor's inlere~1 Confirmation rluring p05se5- slon interest in any leased premises may in respect of any waste by a tenant in respect of the premises in an action brought in any court obtain damages or an injunction, or both. R.O. 1958, c. 63, s. 7. 'DEFECTS Ii\' LEASE MADE UNDER POWERS OF LEASli\'G 8.

(1) Where in the intended exercise of any power of leasing whether conferred by a statute, Ordinance or by any other instrument, a lease is granted, which by reason of any failure to comply with the terms of the power is invalid, the lease, if it was made in good faith and the lessee has entered thereunder, shall (

a) as against the person entitled after the determination of the interest of the grantor to the reversion, or (

b) as against any other person, who, subject to any lease properly granted under the po\\'er, would have been entitled to the land comprised in the lease, take effect as a contract for the grant, at the request of the lessee, of a valid lease under the power, of like effect as the innlid lease, subject to such variations as may be necessary in order to comply with the terms of the powers; but a lessee under an invalid lease is not, by virtue of any such implied contract. entitled to obtain a variation of the lease if the other persons who would ha\'e been bound by the contract are willing and able to confirm the lease without \·ariation.

(2) Where a lease granted in the intended exercise of a power of leasing conferred by a statute, Ordinance or other instrument is il1\'alid by reason of the grantor not ha\'ing power to grant the lease at the date thereof, but the grantor's interest in the land comprised therein continues after the time when he might, in the exercise of the power, ha\'e properly granted a lease in the like terms, the lease takes effect as a valid lease in like manner as if it had been granted at that date.

(3) Where during the continuance of the possession taken under an il1\'alid lease the person for the time being entitled, subject to such possession, to the land comprised therein or to the rents and profits thereof. is able to confirm the lease without \'ariation, the lessee, or other person who would ha\'e been bound by the lease had it been \'alid, is, at the request of the person so able to confirm the lease, bound to accept a confirmation thereof, and thereupon the lease has effect and is deemed to ha\'e had effect as a \'alid lease from the grant thereof. 944

Landlord and Tenant

(4) Confirmation under subsection (3) may be by a memo­ randum in writing signed by or on behalf of the persons respectively confirming and accepting the confirmation of the lease.

(5) Where a receipt or a memorandum in writing confirm­ ing the invalid lease is, upon or before the acceptance of rent thereunder, signed by or on behalf of the person accepting the rent, that acceptance is, as against that person, deemed to be a confirmation of the lease.

(6) This

section does not affect prejudicially (

a) any right of action or other right or remedy to which, but for this section, the lessee named in an invalid lease would or might have been entitled under any co\"enant on the part of the grantor for title or quiet enjoyment contained therein or implied thereby; or (

b) any right of re-entry or other right or remedy to which, but for this section, the grantor or other person for the time being entitled to the reversion expectant on the termination of the lease, would or might have been entitled by reason of any breach of the co\'enants, conditions or provisions contained in the lease and binding on the lessee.

(7) Where a \'alid power of leasing is vested in or may be exercised b.y a person who grants a lease that, by reason of the determination of the interest of the grantor or otherwise cannot have effect and continuance according to the terms thereof independently of the power, the lease shall for the purposes of this

section be deemed to ha\'e granted in the intended exercise of the power although the power is not referred to in the lease.

(8) This

section takes effect without prejudice to the pro\'i­ sion of this Ordinance for the grant of leases in the name and on behalf of the estate owner of the land affected. R.O. 1958. c. 63,s. 8. IMPLIED POWERS OF LESSOR 9.

(1) In e\"ery lease, unless a different intention appears therein. there shall be implied powers in the lessor (

a) that. by himself or his agents, he may enter upon the demised land and view the state of repair thereof. and may serve upon the lessee. or leave at his last or usual place of abode, or upon the demised land. a notice in writing of any defect. requiring him within a reason- 945 Chap. L-2 :\Iemorandum Effect or re,eipl far rem Remedie5 presen'ed Power or leasing 10 be deemed Leases in name oi e.slnle owner not prejud ired Implied I>o\\'ers oi lessor Emr!" and \,iew

Chap. L.2 Re-elHrr on bawdy hou5e con,·jrlion EHerl oi lirenre Remeclie; presenoed Re·em.y whe.e co-lessees Landlord and Tenant able time, to be therein mentioned, to repair the same, insofar as the tenant is bound so to do; and (

b) that in case the rent or any part thereof is in arrears for the space of two calendar months, or in case default is made in the fulfilment of any covenant in such lease on the part of the lessee. whether express or implied, and is continued for the space of two calendar months, or in case the repairs required by such notice as afore· said are not completed within the time therein specie fied, the lessor may enter upon and take possession of the demised land. R.O. 1958, c. 63, s. 9. 10. (

I) In Hery lease whenever made there is implied an agreement that if the tenant or any other person is convicted of keeping a common bawdy house, within the meaning of the Crimillal Code, on the demised premises, or any part thereof, the landlord may at any time thereafter, into the demised premises. or any part thereof, re-enter and the same have again, re-possess and enjoy as of his former estate. R.O. 1958, ('. 63, s. 1 O. LICENCES TO TENANTS 11. (

I) Where a licence is granted to a tenant to do any act. t he licence, un less ot herwise expressed, extends on Iy (

a) to the permission actually given, (

b) to the specific breach of any provision or covenant referred to, or (

c) to any other matter specifically authorized to be done, and the licence does not prevent any proceeding for any subsequent breach unless otherwise specified in the licence. (2) i\otwithstanding any licence, (

a) all rights under co\'enants and powers of re-entry con­ tained in the lease remain in full force and are availa­ ble as against any subsequent breach of covenant, condition or other matter not specifically authorized or wai\'ed, in the same manner as if no licence had been granted; and (

b) the condition or right of entry remains in force in all respects as if the licence had not been granted, save in respect of the particular matter authorized to be done,

(3) Where in any lease there is power or condition of re-entry on the tenant assigning, subletting or doing any other specified act without a licence, and a licence is granted 946

Lalldlord alld Tenallt (

a) to an\' one of t\\'O or more Tenants to do an\' act, or to deal \~'ith his equitable share or interest, or" . (

b) to an,' tenant. or TO an\' one of two or more tenants to assigl~' or underlet part" only of the property. or to do any act in respect of part only of the property, the licenee does not operate to extinguish the right of entry in case of an\' brear·h of co\'enant or condition bv the co-les­ sees of the otller shares or interests in the propert"y, or by the tenant or tenants of the rest of the property, as the case may be, in respeet of sueh shares or interest or remaining property. but the right of entry remains in force in respect of the shares. interests or property not subject to the licence. (4) Subsection (3) does not authorize the grant after the 20th day of November. 1954, of a licence to create an undi­ vided share in a legal estate.

R.O. 1958, c, 63. s. 11. LICENCES TO .. \SSIGN. St.:BLET, ETC. 12. (

I) In e\'ery lease containing a connant, condition or agreement against assigning, subletting or parting with the possession. or disposing of the land leased without licence or consent, suc'h ('onnant. condition or agreement shall, unless the lease contains an express I)TO\'ision to the contrary, be deemed to be subjeet (

a) to a proviso to the effect that such licence or consent shall not be unreasonably withheld; and (

b) to a proviso to the effect that no fine or sum of money in the nature of a fine shall be payable for or in respect of such licence or consent. but this proviso does not preclude the right to require the payment of a reason­ able sum in respect of any legal or other expense incurred in relation to such licence or consent.

(2) Where the landlord refuses or neglects to gi\'e a lieence or consent to assign or sublet, a judge, upon the application of the tenant or assignee or subtenant, may make an order determining whether or not sueh licence or consent is unrea­ sonably withheld, and where it is so withheld, permitting the assignment or sublease to be made. and such order shall be the equi\'alent of the licence or consent of the landlord within the meaning of any co\'enant or condition requITIng the same, and sUC'h assignment or sublease shall not be a breac·h thereof. R.O. 19,)8, c. 63, s. 12, NOTICE OF PROCEEDI;\'GS 13. (

I) A tenant to whom there is deli\'ered any process of any court for the reCO\'ery of premises demised to or helel by 947 Chap. L-2 CnnnOI rreAle uncli,-iderl .share ill legal eSlale Licence 10 .5uhlel. elr COllrl mny order lirelll'e Tennnt to n01if~' illlldiord of proress ior re('O\'er~' oi premises

Chap. L.2 Landlord to notify.II rloimAlHs ill 8(,lion for re-enrrr or iorfeiture Eff.r< oi woiver 'Con~nnOl~ 10 pay (Uxe5 Landlord and Tenant him, or to whose knowledge any such process comes, shall forthwith give notice thereof to his landlord or his agent, and if he fails so to do, he shall be answerable for all damages sustained by the landlord by reason of the failure to give the notice. R.O. 1958, c. 63, s. 13. 14. (

I) Where a landlord is proceeding by action to enforce a right of re-entry or forfeiture under any covenant, pro\'iso or stipulation in a lease, every person claiming any right, title or interest in the demised premises under the lease, if it be known to the landlord that he claims such right or interest or if the instrument under which he claims is registered in the Land Titles Office shall be made a party to the action. R.O. 1958. c. 63, s. 14. 15. (

I) Where the actual waiver by a lessor or the persons deriving title under him of the benefit of any covenant or condition in any lease is proved to have taken place in any particular instance, such wai\"er shall not. unless a contrary intention appears. be deemed to extend to any instance, or to any breach of co\"enant or condition save that to which such wa"i\'er specially relates, nor operate as a general waiver of the benefit of any such covenant or condition. R.O. 1958. c. 63. s. Vj. nl PLIED COVEN ANTS 16. (

I) In every lease, unless a contrary intention appears therein, there shall be implied CO\'enants by the lessee (

a) that he will pay the rent thereby reserved at the times therein mentioned. and all rates and taxes which may be payable in respect of the demised land during the continuance of the lease; (

b) that he will, at all times during the continuance of the lease. keep and, at the termination thereof, yield up the demised land in good and tenantable repair. acci­ dents and damage to buildings from fire. storm and tempest or other casualty and reasonable wear and tear excepted. R.O. 1958, c. 63, s. 16. NOTICE TO TER\IIN,\TE TENANCIES P.rioci,ofnoli,·. 17. (

I) Subject to an:r express agreement to the contrary, sufficient notice to quit shall be deemed to ha\'e been given where there is given, (

a) in the case of a weekly tenancy. a week's notice ending \\"ith the week: 948

Landlord and Te1lant (

b) in the case of a monthlv tenancv. a month's notice ending with the month; aiHl " (

c) in the case of a tenancY from year to year. three months' notice ending. in" the case of a tenancy origi­ nallv from "ear to vear. with an anni,-ersarv of the last dav" of the" first ,-~ar thereof. and in the" case of all otl;er tenancies fr~m year to y'ear, with an anniversary of the last day of the original tenancy.

(2) Where a tenant. upon the determination of his lease. whether created by writing or by parol, remains in possession with the consent, express or implied, of the landlord, he is deemed to be holding subject to the terms of the lease. so far as they are applicable.

(3) Where the tenancy created by the lease was neither a weekly nor monthly tenancy nor a tenancy from year to year, the o,-erholding tenant is deemed to be holding as a tenant from year to year. R.O. 19,j8, c. 63, s. 1 i. 18.

(1) Where any rent is parable or reserved by virtue of any deed, transfer or other assurance, or by will, and there exists no express right of distress for the recovery thereof, the person entitled to receive the rent has the same right of distress for the reco'-erv thereof as if the same were rent resen-ed upon lease. R.O". 1958, c. 63, s. 18. DISTRESS FOR RENT 19.

(1) Upon the determination of any lease the person entitled as landlord to recei"e any rent made payable there­ by may at any time (

a) within six months next after the determination of the lease. (

b) within such six months during the continuance of the landlord's interest. and (

c) within such six months during the possession of the tenant from whom the rent became due, distrain for any rent due and in arrears in the same manner as he might have done if the lease were not determined. R.O. 1958, c. 63. s. 19. 20. (

I) A person entitled to any rent or land for the life of another may recover by action or distress the rent due and owing at the time of the death of the person for whose life such rent or land depended as he might have done if the person by whose death the estate in such rent or land deter­ mined had continued in life. R.O. 1958. c. 63. s. 20. 949 Chap. L-2 O"erholding lenant where express lenure. Orerholdillg tenant where no express ({"nure Righl o( dimess (or ren! deemecl Where ren! (or Ihe hie o( RnoTher

Chap. L·2 Goods shall nor exreed rent IIncl rosts Resrorntioll of ('hallel. Time Goods nOI 011 premi~e5 Exemptions Horses. cD.l1le. elr. Landlord and Tenant 21. (I) 1\'0 person shall take under distress more goods than are reasonably sufficient to satisfy the rent in arrear and the costs of the distress.

(2) Where chattels are distrained for rent due. the person making the distress is not liable to any action for excessi,'e distress, if within SHen days after the making of the distress he abandons the excess and thereafter holds under the dis­ tress no more chattels than are reasonably necessary to satisfy the rent due with the costs of the distress, R.O, 1958, c. 63, s. 21. 22. (1) 1\'0 distress for rent shall be made at any time in the interval between fi"e o'clock in the afternoon and eight o'clock in the following morning. R.O. 1958. c. 63. s. 22. PROPERTY LIABLE TO DISTRESS 23.

(1) Subject to this Ordinance. goods or chattels that are not at the time of the distress upon the premises in respect of which the rent distrained for is due shall not be distrained for rent. R.O. 1958. c. 63, s. 23. 24.

(1) The following goods and chattels are not liable to seizure by a distress by a landlord for rent, namely: (

a) the beds. bedding and bedsteads. including perambula­ tors or cradles. i·n ordinary use by the debtor and his family: (

b) the necessary and ordinary wearing apparel of the debtor and his family; (

c) one cooking sto\'e with pipes and furnishings, one other heating sto,'e with pipes. two towels, one wash­ basin, one kitchen table. one tea kettle. one teapot, one saucepan, one frying pan and for each member of the family the following, namely: one chair, one cup and saucer, one plate, one knife, one fork and one spoon; (cl) all necessary fuel. meat, fish, flour and "egetables for the ordinary consumption of the debtor and his family for thirty days; (

e) the tools, agricultural implements and necessaries used by the debtor in the practice of his trade, profession or occupation to the "alue of six hundred dollars; and (

j) one axe and one saw R.O. 1958, c. 63, s. 24. 25.

(1) The landlord may take under a distress for rent any horses, cattle, sheep. swine, poultry, fowl. livestock and other domestic animals which are grazing, pasturing or feed- 950

Landlord and Tenant ing upon any highway or road allowance or upon any way belonging or appertaining to the premises in respect of which the rent distrained for is payable. R.O. 1958. c. 63, s. 25. 26. (

I) Where a tenant of land under any kind of tenancy under which rent is payable, fraudulently or clandestinely remo,'es or causes to be remond from the land so held bv him at a time when there are any arrears of rent payable i;l respect thereof that are recoverable by distress any goods or chattels liable to such distress with intent to prevent the landlord from distraining the same for arrears of rent so payable, the landlord or any person by him duly authorized may, within thirty days next after such remo,'al, take and seize as a distress for such arrears any goods and chattels so remo"ed, wherever the same are found, except any such goods and chattels which ha"e been sold or mortgaged for valuable consideration before the seizure to a person not having notice of the fraudulent or clandestine removal, and may sell or otherwise dispose of the goods and chattels so taken in such manner as if the same had actually been distrained by the landlord for arrears of rent upon the prem­ ises from which the same had been so removed.

R.O. 1958, c. 63, s. 26. 27. (

I) Every person lawfully charged with the duty of executing a warrant of distress for rent who has reason to believe that any goods or chattels have been fraudulently or clandestinely removed for the purpose of preventing the landlord from distraining the same, and that the said goods are in any building, yard, enclosure or place in such circum­ stances as to prevent them from being taken or seized as a distress for arrears of rent, may at any time between eight o'clock in the morning and five o'clock in the afternoon enter into and upon the building, yard, enclosure or place and every part thereof for the purpose of searching for any goods and chattels so removed and seize any such goods and chat­ tels there found for arrears of rent as he might ha"e done if they were in an open field or place upon the premises from which they were removed, and for that purpose may obtain entry upon and access to the premises by breaking or remo,·­ ing any doors or any locks or other fastenings whereby such entry and access is hindered.

(2) Where a person encounters any resistance in doing any of the acts and things that he is authorized to do by subsec­ tion (I), he may call upon any peace officer to assist him in o"ercoming that resistance, and such person in the presence of a peace officer and the peace officer may use sllch force as 951 Chap. L-2 Good; fmudu· lenll~· remo\Oed Execution of WorrBIH Resislonre

Chap. L-2 Double 1·.lue where goods fraudulently remQ\'ed ProperlY subject 10 disrress Impounding BlI~'er's right or R("('eS5 Landlord and Tenant is reasonably necessary for the purpose of overcomlllg that resistance. R.O. 1958, c. 63, s. 27. 28.

(1) E\'ery tenant who fraudulently or clandestinely removes any goods and chattels for the purpose of pre\'enting the landlord from distraining the same for arrears of rent, and every person who wilfully and knowingly aids or assists him in so doing or in concealing any goods or chattels so removed, is liable to the landlord for double \'alue of the said goods, which amount is recoverable by action in any court. R.O. 1958, c. 63, s. 28. 29.

(1) No goods and chattels may be taken under a dis­ tress for rent excepting the goods and chattels of the tenant and (

a) goods and chattels that are claimed by a person other than the tenant (

i) by virtue of any execution against the tenant, (ii) by virtue of any purchase, gift, transfer or assign­ ment from the tenant whether absolute or in trust or by way of mortgage or otherwise, and (iii) being the wife, husband. daughter, son, daughter­ in-law or son-in-law of the tenant or bv an" other relati\'e of the tenant who lives upon the p~emises in respect of which the rent distrained for is pay­ able as a member of the household of the tenant; (

b) the interest of the tenant in any goods and chattels under a contract for the purchase thereof or under a contract wherein' the tenant ma\' become the owner thereof upon the" performance of a~lY condition; and (

c) goods and chattels that ha\'e been exchanged between the tenant and another person, or that have been borrowed by the one from the other, for the purpose of defeating the claim of or the right of distress by the landlord. R.O. 1958, c. 63. s. 29. IMPOUNDING ... \PPR .. \ISE~IENT AND SALE 30.

(1) Any goods or chattels taken in distress for rent may be impounded or otherwise secured either upon the premises chargeable with the rent or some part thereof. or in some other suitable and conHnient place situate within ten miles of the premises chargeable with the rent and the same may be appraised. sold and disposed of upon the premises in whi'ch they are so impounded or secured.

(2) Any person may come and go, to and from the place at which any distress for rent is so impounded and secured. to 952

Landlord and Tellallt view, appraise and buy and to carry off or remove the same on account of the purchaser thereof. R.O. \958, c. 63. s. 30. Chap. L·2 31. (

I) Where any goods or chattels are distrained for rent Apprai,nl and the tenant does not reple\'y the same within five days next after notice in writing of the distress, setting out the cause of the taking, has been posted upon a conspicuous place on the premises in respect of which the rent is payable and, where the distress is impounded elsewhere, at the place of impoundment, then after the expiration of the said fi\'e days, the person distraining shall cause the goods and chat- tels so distrained to be appraised by t\\'O appraisers.

(2) Before making any appraisement the appraisers shall Ontho(npprni,· each be sworn to appraise the goods taken in distress truly. er according to the best of their understanding, and a memoran- dum of the said oath shall be endorsed on the ill\'entorv. R.O. 1958, c. 63, s. 31. ' 32. (

I) After the appraisement has been made the person S.le distraining may sell the goods and chattels distrained for the best price that can be got for the same towards satisfaction of the rent for which the same were distrainecl and of the costs of such distress, appraisement and sale, and shall hold the overplus, if any, for use of the person lawfully entitled thereto and pay the same o\'er to him on demand. R.O. 1958, c. 63, s. 32. SET-OFF AGAI!\'ST RENT 33. (

I) A tenant may set-off against rent a debt due to him by the landlord, in which case he shall gi\'e notice in writing of the claim of set-off in Form A, in

Schedule I, which notice ma,y be given before or after seizure.

(2) L"pon the giving of a notice under subsection (

I) the landlord may distrain or proceed with the distress, as the case may be, for the balance of the rent due after deducting the amount of the debt mentioned in the notice that is due and owing by the landlord to the tenant.

(3) The notice mentioned in subsection (

I) may be served either personally upon the landlord or upon any other person authorized to recei\'e rent on his behalf or b:r leaving it with a grown-up person in and apparently residing on the prem­ ises occupied by the landlord.

(4) Ko notice given under this

section is rendered invalid for any want of form. R.O. 1958, c. 63, s. 33. 953 Deht due to lenB", by Inlldlord Dislress of balnnce Sen"jre of nol ire

Chap. L·2 Where IIrrCRf,s le~~ !Iuw one yenr's Where arrears exc'eed one .venr's rem Pnymelll to exeC'lllion ('reciilor Efferl I.inhility oi di$lrnlllor Reco\'ery oi clnllwges Priority of dililll for rent Lalldlord alld Tellallt DISTRAI1\ABLE GOODS TAKEN Ii'\" EXECliTION 34.

(1) Goods or chartels lying or being in or upon any land or premises leased for life or liHs. or term of years, at will. or otherwise are not liable to be taken by virtue of any execution on any pretence whatsoe,"er, unless the party at whose suit the execution is sued out before the removal of such goods or chattels from the land or premises by virtue of such execution pays to the landlord or his bailiff all money due for rent of the land or premises at the time of the taking of such goods or chattels by virtue of such execution if the arrears of rent do not amount to more than one year's rent.

(2) Where arrears of rent exceed one year's rent the party at whose suit such execution is sued out, on paying the landlord or his bailiff one year's rent, may proceed to execute his judgment.

(3) The sheriff or other officer shall leYY and pay to the execution creditor as well the money paid for rent under subsection (2) as the execution money. R.O. 1958, c. 63, s. 24. 35. (

I) Where a distress is made for any kind of rent due, and any irregularity is afterwards done by the person dis­ training. or by his agent, or if there has been an ommission to make the appraisement under oath, the distress itself is not on that account deemed to be unlawful. nor is the person making it on that account deemed a trespasser ab init£o, but the person aggrieved by such irregularity may recover by anion full satisfaction for the special damage sustained thereby. R.O. 19.58, c. 63. s. 35. 36. (

I) Subject to

section 21, a distrainor who makes an excessi'·e distress, or makes a distress wrongfully, is liable in damages to the owner of the goods or chattels distrained.

(2) Where a distress and sale are made for rent pretended to be in arrears and due when. in truth. no rent is in arrears or due to the person distraining; or to the person in whose name or right such distress is made. the owner of the goods or chattels distrained and sold, his executors or administrators may. by action to be brought against the person so distrain­ ing, reco'"er full satisfaction for the damage sustained by the distress and sale. R.O. 19.=)8. c. 63, s. 36. RIGHTS OF LANDLORD 01\ TENA1\T'S BA1\"KRliPTCY 37. (

I) Where an assignment for the general benefit of creditors. or where an order for the winding-up of an incor­ porated company, or where a recei,·ing order in bankruptcy 954

Landlord and Tenant or authorized assignment is made against or by a tenant the right of the landlord to distrain or realize his rent by distress ceases from and after the date of the assignment or order and the assignee. trustee or liquidator may take immediate pos"ession of the property of the tenant; but in the distribu­ tion of the property of the tenant the assignee, trustee or liquidator shall pay to the landlord, in priority to all other debts, an amount not exceeding the value of the distrainable assets and restricted to the arrears of rent due during the period of three months next preceding and the costs of distress, if any, and the rent for the three months following the date of the assignment or order, and from thence so long as the assignee, trustee or liquidator retains possession of the premises. but any payment to be made to the landlord in respect of accelerated rent shall be credited against the amount payable by the assignee. trustee or liquidator for the period of his occupation.

(2) K otwithstanding any provision, stipulation or agree­ ment in any lease or agreement or the legal effect thereof, where an assignment for the general benefit of creditors, or where an order for the winding-up of an incorporated compa­ ny. or where a recei"ing order in bankruptcy or authorized assignment has been made against or by a tenant, the assig­ nee, trustee or liquidator may at any time within three month" after the date of the assignment or order for the purposes of the trust estate and before he has given notice of intention to surrender possession or disclaim, by notice in writing elect to retain the leased premises for the whole or any portion of the unexpired term and any renewal thereof, upon the terms of the lease and subject to the payment of the rent as pro"ided by such lease or agreement, and he may upon payment to the landlord of all arrears of rent, assign the lease with rights of renewal, if any, to any person who will conyenant to observe and perform its terms and agree to conduct upon the demised premises a trade or business that is not reasonably of a more objectionable or hazardous nature than that whieh was thereon conducted by the debtor, and who shall on application of the assignee, trustee or liquidator be appro"ecl by a judge as a person fit and proper to be put in possession of the leased premises.

R.O. 1958, c. 63, s. 3i. 38.

(1) The assignee. trustee or liquidator shall ha"e the right at any time before electing by notice in writing to the landlord under

section 3i to surrender possession or disclaim any such lease. and his entry into possession of the leased premises and their occupation by him, while required for the purpo;;;e of the trust estate, shall be deemed not to be eyi- 955 Chap. L·2 Powers or Rssignee. trustee or liquidator NOIice 10 surrender possession

Chap. L.2 Ullrler·lea:-e To .5uan~cr Righ., oi rendor. erf' Grnnt:=. Lalldlord alld Tenant dence of an intention on his part to elect to retain possession pursuant to this section.

(2) Where the assignor or person against whom a recei\'ing order in bankruptcy or a winding-up order has been made, being a lesiiee, has, before the making of the assignment or order demised by way of under-lease, approved or consented to in writing by the landlord. any premises and the assignee, trustee or liquidator surrenders, disclaims or elects to assign the lease the under-lessee shall, if he so elects in writing within three months of the assignment or order stand in the same position with the landlord as though he were a direct lessee from the landlord but subject, except as to rental payable, to the iiame liabilities and obligations as the assig­ nor, bankrupt or insolvent was subject to under the lease at the date of the assignment or order. but the under-lessee shall in such e\'ent cOI1\'enant to pay to the landlord a rental not less than that payable by the under-lessee to the debtor, and if such last mentioned rental was greater than that payable bv the debtor to the landlord the under-lessee shall cOI1\'e­ n;nt to pay to the landlord the like greater rental.

(3) Any dispute arising under this

section shall be disposed of upon

summary application by a judge. R.O. 1958, c. 63. s. 38. ATTORNi\IENT 39. (

I) An attornment of a tenant of any land to a strang­ er claiming title to the estate of his landlord is void. and the possession of his landlord is deemed not to be changed. altered or affected by the attornment. but nothing in this

section vacates or affects an attornment made (0) pursuant to and in consequence of a judgment or order of a judge; or (

b) with the pri\'ity and consent of the landlord.

(2) Kothing in this

section shall alter, prejudice or affect any rights that \·endor. mortgagee or incumbrance on the 20th da\' of l'\o\·ember. \954. has under an\' law or Ordinance. R.O. 19~8. r.63. s. 39.· - 40. (

I) A grant 01' eon\'eyance of any rent or of the rever­ sion or remainder of any land is good and effectual without any attornment of the tenant of the land out of which such rent issues. or of the particular tenant upon whose particular estate an\' such rHersion or remainder is expectant or depending. 956

Landlord and Tenant Chap, L-2

(2) A tenant is not prejudiced or damaged by the payment 1'otireof gr.nt of rent to any grantor or by breach of any condition for non-payment of rent before notice to him of such grant by the grantee, R,O, 1958, e, 63, s, 40, RENEWAL OF LE,-\SES 41.

(1) Where a lease is duly surrendered in order to be renewed, and a new lease is made and executed by the chief landlord. the new lease is. without a surrender of all or an" of the under-leases. as good and \'alid as if all the under-Ie;ses deri\'ed thereout had been likewise surrendered at or before the time of taking of the new lease,

(2) A person in \\'hom any estate for life or lives, or for years. is from time to time \'ested by virtue of a new lease, is entitled to the rents, co\'enants and duties, and has like remedy for reco\'erv thereof. and the under-lessees shall hold and e'ljoy the land in the ~espective under-leases comprised as if the original lease had been kept on foot and continued, and the chief landlord has and is entitled to the same remedv by distress or entry in and upon the land comprised in an;' under-lease for the rents and duties reserved bv the new lease. so far as the same do not exceed the rents ~nd duties resen'ed in the lease out of which such sub-lease was derived, as he would ha\'e had if the respective under-leases had been renewed under the new principal lease, R,O, 1958. c, 63, s, 41. 42. (

I) Where a person who. in pursuance of any cOI1\'e­ nant or agreement in writing, if within the Territory and amenable to legal protes;;. might be compelled to execute any lease by way of renewal. is not within the Territory or is not amenable to legal process, a judge upon the application of any person entitled to such renewal. whether such person is or is not under any disability, may direct such person as he thinks proper to appoint for that purpose to accept a surren­ der of the subsistillg lease. and to make and execute a new lease in the name of the person who ought to ha\'e renewed the same,

(2) A new lease executed by the person appointed under subseetion (

I) is as \'alid as if the person in "'hose name the lease was made was ali\'e and not under an" disabilitv and had himself executed it, .-

(3) A judge may direct an action to be brought to establish the right of the person seeking renewal under this section. but he may not make the order for such new leases unless by the 957 No surrender of under· lenses Rights of under-lessees nnd chief londlord Renell'AI b)' Court order Validity Ac.:tion

Chap. L-2 Payment nnd performltnre of rO\'erHlIll5011 renewal Paympllt into Courr .-\fIN no! il'e h~' Inndlord After not ire Lalldlord and Tenant judgment to be made in such action. or until after it has been entered

(4) A renewed lease shall not be executed by virtue of this

section in pursuance of any covenant or agreement, unless the sum of money, if any, that ought to be paid on such renewal and the things. if any, that ought to be performed in pursuance of su('h cOYenant or agreement by the tenant are first paid and performed, and counterparts of every such renewed lease shall be duly executed by the tenant.

(5) All sums of money that are had, recei"ed or paid for or on account of. the renewal of any lease by any person out of the Territory or not amenable to legal process after a deduc­ tion of all necessary incidental charges and expenses, shall be paid to such person or in such manner or into Court to such account and be applied and disposed of as a judge directs.

(6) The judge may order the costs and expenses of and relating to the application, orders. directions, conyeyances and transfers, or any of them. to be paid and raised out of or fron"i the land, or the rents in respect of ",hich the same are respectiYely made, in such manner as he deems proper. R.O. 1958. ('.63.s. 42.

PART II OVERHOLDING TEKANTS LIABILITY OF TEN .. \l'iTS OVERHOLDI;\G 43. (

I) Where a tenant or other person who is in possession of any land 1)\'. from or under or bv collusion with such tenant ",ilfullj:holds over the land or"any part thereof after the determination of the term, if notice in writing requiring deli"ery of the possession thereof is gi"en by his landlord or the person to ",hom the remainder or re"ersion of such land belongs or his agent thereunto lawfully authorized, the tenant or other person so holding o,'er shall, for and during the time he so holds oYer or keeps the person entitled out of possession, pay to such person or his assigns at the rate of double the yearly value of the land so detained for so long as the same is detained, to be recoyered by action before a judge, against the reco"eriIlg of which penalty there is no relief.

R.O. 19,j8, c. 63, s. 43. 44. (

I) Where a tenant gi"es notice of his intention to quit the premises by him holden at a time mentioned in the 958

Landlord and Tenant notice, and does not then deliver up the possesSIOn of the premises the tenant shall from thenceforward pay to the landlord double the rent or sum that he should otherwise have paid, to be levied, sued for and recovered at the same times and in the same manner as the single rent or sum before the giving of such notice could be levied, sued for or recovered, and such double rent or sum shall continue to be while such tenant continues in possession. R.O. 1958, c. 63, s. 44. PROCEEDIl\"CS ACAIl\"ST OVERHOLDI1\C TEN.-\1\TS 45.

(1) In sections 45 to 51, "tenant" includes every lessee, occupan t, su btenan t a nd their assigns and lega I represen ta­ tives. R.O. 1958, c. 63, s. 45. 46.

(1) When a tenant, upon the determination of his lease or right of occupation, whether created by writing or by parol, wrongfully refuses or neglects upon demand made in writing to go out of possession of the land demised to him or which he has been permitted to occupy, the landlord may apply, upon affidavit, to a judge, to make the inquiry pro­ vided for in sections 45 to 52.

(2) The landlord shall (

a) set forth on an affidavit the terms of the demise or right of occupation, if verbal; (

b) annex a copy of the instrument creating or containing the lease or right of occupation, if in writing, or if for any cause a copy cannot be so annexed, make a state­ ment setting forth the terms of the demise or occupa­ tion and the reason why such copy cannot be annexed; (

c) annex a copy of the demand; (cl) state the refusal of the tenant to go out of possession, and the reasons given for such refusal, if any were given; and (

e) add such explanation in regard to the ground of such refusal as the truth of the case may require.

(3) The judge shall, in writing, appoint a time and place at which he will inquire and determine whether the tenant holds possession against the right of the landlord, and whether the tanant, having no right to continue in possession, wrongfully refuses to go out of possession.

(4) A copy of the appointment of the judge and of the affidavit on which it was obtained, and copies of the docu­ ments to be used upon the application other than of the 959 Chap. L·2 Definilion of "tellunt" .\pphrnlion by landlord AppointmenT of henring Sen'ire on tenoUl

Chap. L·2 POSIPOllemenlOr h.aring Application of Jfld;cntllrr Ordinance St)·I. of cnu,. Fnilur. to nppel1.r Summnr~· hearlllg CO", Order for co>l, Lalldlord alld Tellallt instrument creating or containing the lease or right of occu­ pation, shall be served upon the tenant or left at his place of abode at least three days before the day appointed. if the place appointed is not more than twenty miles from the tenant's place of abode, and one day in addition to every twenty miles above the first twenty, reckoning any broken number above the first twenty as twenty miles. R.O. 1958, c. 63, s. 46. 47.

(1) The judge may, upon an application being made to him under

section 46, or at any time thereafter pending the proceedings, having regard to the convenience of the parties, the costs of the proceedings and other considerations, and subject to such conditions as may to him seem just, direct that the case stand over to be heard and disposed of. R.O. 1958, c. 63, s. 47. 48.

(1) Except as otherwise varied by this Part, the provi­ sions of the Judicature Ordinance apply to applications made and proceedings had under this Part. R.O. 1958, c. 63. s. 48. 49.

(1) The proceedings under this Part shall be styled: "In the matter of , landlord, against ,tenant". R.O. 1958, c. 63. s. 49. 50.

(1) Where, at the time and place appointed the tenant fails to appear, the judge, where it appears to him that the tenant wrongfully holds against the right of the landlord, may order a writ of possession in Form B, in

Schedule I directed to the sheriff. commanding him forthwith to place the landlord in possession of the land.

(2) Where the tenant appears the judge shall, in a sum­ mary manner. hear the parties and their witnesses and exam­ ine into the matter and mav take evidence orallv or bv affidavit as he thinks fit. and "if it appears to the .iu~lge th;t the tenant wrongfully holds against the right of the landlord he may order the issue of a writ of possession in Form B in

Schedule 1.

(3) L"pon an application under

section 46 the judge may by order award costs according to the tariff of costs from time to time in force under the Judicatllre Ordinance. or ma" order payment of a lump sum by way of costs. "

(4) An order for the payment of costs by the judge may be filed ·in the office of the Clerk of the Court and shall thereupon become a judgment of the Court. 960

Landlord and Tellant

(5) No order under subsection (4) shall be made if it appears to the judge that, in the circumstances of the case, the right to possession should not be determined by proceed­ ings under this Part and in such case the taking of proceed­ ings under this Part does not affect or detract from any other remedy which a landlord may have against his tenant. R.O. 1958, c. 63,s. 50. 51. (

I) The judge has the same power to amend or excuse irregularities in the proceedings as he has in an action. R.O. 1958, c. 63, s. 51. 52.

(1) The decision of the judge respecting the order granting or refusing a writ of possession is final. R.O. 1958, c. 63, s. 52. 53.

(1) Nothing in this Part shall require a landlord to proceed under this

Part instead of by bringing an action. R.O. 1958, c. 63, s. 53.

PART III

SUMMARY PROCEEDINGS FOR NON-PAYMENT OF RENT 54. (

I) Where a tenant fails to pay his rent within seven days of the time agreed on, and wrongfully refuses or neglects upon demand made in writing, to pay the rent or deliver up the premises demised, which demand shall be served upon the tenant or upon some grown-up person upon the premises, or if the premises be vacant, be affixed to the dwelling or other building or otherwise posted up upon the premises, the landlord or his agent may file with the Clerk of the Court an affidavit setting forth the terms of the lease or occupancy, the amount of rent in arrears and the time for which it is so in arrears, producing the demand made for the payment or rent or delivery of the possession and stating the refusal of the tenant to pay the rent or to deliver up posses­ sion, and the answer of said tenant, if any answer were made, and that the tenant has no right of set-off or reason for withholding possession.

(2) Upon filing the documents mentioned in subsection (1) the Clerk shall cause to be issued a summons in Form C, in

Schedule I, calling upon the tenant. three days after service, to show cause why an order should not be made for delivering 961 Chap. L-2 Where proceed­ ings improperly tnken Irregularities Derision .-\.e.ion by landlord Applies.ion by .Hid"m Summons

Chap. L·2 Hearing EjeC'lion SIR)' of proreed· ing, Enlr.\· of prem· i~e5 Com Com .dded 10 renl Order for row Lalldlord a1ld Tenant up possession of the premises to the landlord, and the sum­ mons shall be served in the same manner as the demand.

(3) Upon the return of the summons mentioned in subsec­ tion (2) a judge shall hear the evidence adduced upon oath, either orally or by affidavit as he may deem proper, and make such order. either to confirm the tenant in possession or to deliver up possession to the landlord, as the facts of the case may warrant, and such order for delivery of possession may be in Form D, in

Schedule I.

(4) Where the order mentioned in subsection (3) recites that the tenant shall deliver up possession and he refuses, the sheriff or any of his officers shall, with such assistance as he may require, forthwith proceed under the order to eject and remove the tenant together with all goods and chattels that he may have on or about the premises, and make the rent in arrears and place the landlord in possession of the premises.

(5) Where any tenant before the execution of the order mentioned in subsection (3) pays the rent in arrears and all costs, the proceedings shall be stayed and the tenant may continue in possession as of his former tenancy.

(6) Where the premises in question are vacant, or the tenant is not found in possession, or if in possession he refuses on demand made in the presence of a witness to admit the sheriff or any of his officers, the latter, after a reasonable time has been allowed to the tenant or person in possession to comply with the demand for admittance, may force open any outer door in order to gain an entrance, and may also force any inner door for the purpose of ejecting the tenant or occupant and giving proper possession of the premises to the landlord or his agent. R.O. 1958, c. 63, s. 54. 55.

(1) The judge may by order award costs according to the tariff of costs from time to time in force under the Judicature Ordinance. or may order payment of a lump sum by way of costs.

(2) Where the landlord is awarded costs against the tenant, the costs so awarded may be added to the cost of the levy for rent, if such levy is or is to be made.

(3) An order for the payment of costs by the judge may be filed in the office of the Clerk of the Court and shall thereupon become a judgment of the Court. R.O. 1958, c. 63, s.55. 962

Landlord and Tenant 56.

(1) No appeal lies from the order of a judge made under

section 54. R.O. 1958, c. 63, s. 56. 57.

(1) In this

section and in sections 58 and 59, "lease" means every agreement in writing, and every parol agreement whereby one person as landlord confers upon another person as tenant the right to occupy land, and every sublease, and every agreement for a sublease and every assurance whereby any rent is secured by condition; "mining lease" means a lease, grant or licence for mining purposes, including the searching for, workings, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture carrying away or disposing of mines or minerals, and substances in, on or under the land, obtainable by the underground or by surface working or purposes connected therewith; "sublease" includes an agreement for a sublease where the sublessee has become entitled to have his sublease granted; Chap.

L-2 Ko appeal Definilions Umining lease" j'sublease)' "subtenant" includes any person deriving title under a sub- "sublenanl" lease; and "tenant" includes every lessee, occupant, subtenant and their "Ienanl" assigns and legal representatives. R.O. 1958, c. 63, s. 57. 58.

(1) A right of re-entry or forfeiture under any proviso or stipulation in a lease for a breach of any convenant or condition in the lease other than a proviso in respect of the payment of rent, is not enforceable, in any case in which the breach is capable of remedy or of being compensated by money payment, unless and until (

a) the landlord serves on the tenant a notice specifying the particular breach, and requiring the tenant to remedy or to make compensation in money for the breach, and (

b) the tenant fails, within a reasonable time after the service of the notice, to remedy the breach, or to make compensation in money to the satisfaction of the land­ lord for the breach. Right of re·L .. rry o~ forfeilure KOlice by landlord Failure 10 compensAte

(2) Where a landlord is proceeding by action or otherwise Reliefoflenanl to enforce any right of re-entry or forfeiture, whether for nonpayment of rent or for other cause, the tenant may in the landlord's action, if any, or if there is no such action pending, 963

Chap. L·2 Implied alld expre5E pro\'iso Term oi len,e PR~'melll into Cour! Gran( oi relief Co\'ennnl 10 IIlsure :\ppliCltliOIl Exemptions Co\'enam to ,uble." CO\'enDnI in mining leose 10 IIlspec( Landlord and Tenant then in an action brought by himself, apply to a judge for relief, and the judge may grant such relief as ha\'ing regard to the proceedings and conduct of the parties under the foregoing l)fo\'isions of this

section and to all the other circumstances the judge thinks fit. and on such terms as to payment of rent, costs. expenses. damages, compensation, penalty or otherwise, including the granting of an injunction to restrain any like breach in the future as the judge may deem just.

(3) This

section applies whether the proviso or stipulation under which the right of re-entry or forfeiture accrues is inserted in the lease or is implied therein.

(4) For the purposes of this

section a lease limited to continue as long as the tenant abstains from committing a breach of convenant is and takes effect as a lease to continue for any longer term for which it could subsist, but determina­ ble by a pro\'iso for re-entry on such a breach.

(5) Where an action is brought to enforce a right of re­ entry or forfeiture for non-payment of rent and the tenant. at any time before judgment, pays into Court all the rent in arrears and the costs of the action. the cause of action shall be aT an end.

(6) Where relief is granted under this

section the tenant shall hold and enjo~' the demised premises according to the lease thereof made without any new lease.

(7) Where the right of re-entry or forfeiture is in respect of a breach of a covenant or condition to insure. relief shall not be granted if at the time of the appli(,ation for relief there is not a policy of insurance in fon'e in conformity with the con\'enant or condition to insure except in addition to any other terms which the judge may impose, upon the term that the insurance is effec·ted.

(8) This

section applies to leases made either before or after the commencement of this Ordinance and notwithstand­ ing any stipulation to the contrary.

(9) This

section does not e..xtend (

a) to a convenant or condition against the assigning, underletting, parting with the possession or disposing of the land leased; (

b) in the case of a mining lease, to a convenant or condi­ tion for allowing the landlord to have access or inspect books, accounts, records. weighing machines or other 964

Landlord and Tenant things, or to en ter or inspect t he mine or the working thereof; or (

c) to a condition for forfeiture on the bankruptcy of the tenant or on the taking in execution of the lessee's interest if contained in (

i) a lease of agriculture or pastoral land. (ii) a mining lease, (iii) a lease of a house let as a dwelling-house with the use of an\" furniture. books. works of art or other chattels n~t being of the natllre of fixtures, or (i\') a lease of land with respect to which the personal qualifications of the tenant are of importance for the presen'ation of the "alue or character of the property, or on the ground of neighbourhood to the landlord, or to any person holding under him. (IO) Where the whereabouts of the tenant cannot be ascer­ tained after reasonable enquiry or if the tenant is evading sen'ice, the notice referred to in subsection (1) may be ser\'ed on the tenant by lea\'ing the same at the place of residence of the tenant with any adult person for the time being in charge thereof, and if the premises are unoccupied, the notice may be sen'ed by posting up the same in a conspicuous manner upon some part of the demised premises.

R.O. 1958, c. 63. s. ,58. 59.

(1) Where a landlord is proceeding by action or other­ wise to enforce a right of re-entry or forfeiture under any convenant, proviso or stipulation in a lease or for non-pay­ ment of rent, a judge, on application by any person claiming as subtenant any estate or interest in the property comprised in the lease or any part thereof, either in the landlord's action, if any, or in any action brought or

summary applica­ tion made to the judge by such person for that purpose, may make an order vesting for the whole term of the lease or any less term the property comprised in the lease, or any part thereof, in any person entitled as subtenant to any estate or interest in such property upon such conditions, as to execu­ tion of any deed or other document, payment of rent, costs, expenses, damages, compensation, gi\'ing security or other­ wise, as the judge in the circumstances of each case thinks fit, but in no case is the subtenant entitled to require a lease to be granted to him for any longer term than he had under his original sublease.

R.O. 1958, c. 63, s. 59. 965 Chap. L-2 Condition re hnnkruplfyand execution Sen·jre oi nOlire Applicntion b~' suhlenanl

Chap. L.2 Landlord and Tenant

SCHEDULE I FORM A NOTICE OF SET-OFF Take notice that under the Landlord and Tenant Ordinance I wish to set-off against rent due by me to you the debt which you owe to me on your promissory note for.... ....... .... . ............. . dated ..................................... (or as the case may be) .................. . Dated this ....................... day of. ........................................ (tenant). Canada, To Wit: (L.S.) FORM B WRIT OF POSSESSION Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories, Queen, Head of the Com­ monwealth, Defender of the Faith. To the sheriff (or bailiff) of Greeting.

Whereas Judge of the Territorial Court of the Yukon Territory by his order, dated the day of 19 made in pursuance of the Landlord and Tenant Ordinance, on the complaint of against adjudged that was entitled to the possession of with the appurtenances, in your bailiwick, and ordered that a writ should be issued by our said Judge accordingly, and also ordered and directed that the said should pay the costs of the proceedings under the said Ordinance, which by our said Judge have been taxed at the sum of dollars; Therefore, we command you that without delay you cause the said to have possession of the said lands and premises, with the appurtenances; and we also command you that of the goods and chattels of the said in your bailiwick, you cause to be made the sum of dollars, being the said costs R.O. 1958, c. 63, Sched. 966

Landlord and Tenant so taxed by our said Judge as aforesaid, and have that money before our said Judge immediately after the execution hereof, to be rendered to the said And in what manner you shall have executed this writ, make appear to our said Judge immediately after the execution hereof; and have there then this writ. Witness, etc. (Signed) (Clerk of the Court) FORM C SUMMONS FOR EVICTION In the matter of and and the Landlord and Tenant Ordinance.

To the above named You are hereby summoned to appear before Judge, at his chambers in the landlord, tenant, on the third day after service of a copy hereof upon you, or as provided by the Landlord and Tenant Ordinance in that behalf, at the hour of o'clock in the noon, to show cause why an order should not be made for the delivery up to the said as landlord, of the premises mentioned in his demand, that is to say ; and, further to show cause why an order should not at the same time be made for payment by you of the rent alleged to be in arrears for said premises to said landlord, to be made or levied by distress or otherwise, and also as to the costs of these proceedings.

In default of you so appearing, the said landlord may proceed to obtain such order against you as to the Judge it may seem proper to grant. Dated at , this day of A.D. 19 By the Court, (Signed) (Clerk of the Court) R.O. 1958, c. 63, Sched. 967 Chap. L.2

Chap.

L-2 Landlord and Tenant FORM D ORDER FOR POSSESSION In the matter of and and the Landlord and Tenant Ordinance. landlord, tenant, Upon reading the notice of demand in this case, the affidavit of service thereof, the affidavit of proof of the terms of the demise, of the summons issued herein by me and the affidavit of service thereof on the said tenant, and no cause being shown by said tenant upon the return of said summons (or, and the said tenant appearing but failing to disprove the allegations of said landlord, as the case may be), I do order that the said tenant do, upon the production to him of this Order, forthwith deliver up possession of the premises in question, namely ( ), to the said landlord, or his proper agent or attorney, of whose authority the posseEsion of this warrant shall be sufficient proof; and in case of refusal by said tenant so to deliver up possession, or of said tenant being absent or said premises vacant, I do hereby, in accordance with the provisions of the Ordinances in that behalf, authorized with such assistance as he may require, forthwith to proceed to eject and remove the said tenant, together with his goods and chattles, if any, from and out of the said premises, and whether said tenant be found in possession thereof or said premises be vacant, put the landlord in posses­ sion, that the said landlord take and hold possession thereof freed from said demise; and I do further order that the said do make the rent in arrears for said premises, amouting to the sum of dollars to the landlord, as his costs of this proceeding, to be paid by said tenant or, in default of payment, to be proceeded for and recovered as allowed by law.

Dated at this day of A.D.19 (Signed) Judge NOTE:-This Ordinance is based on a model Act recommended by the Conference of Commissioners on Uniformity of Legislation in Canada. R.O. 1958, c. 63, Sched. 968

Lands Chap. L·3

CHAPTER L.3 LANDS ORDINANCE 1. This Ordinance may be cited as the Lands Ordinance.

Short title 1968 (3rd) c. 1, s. 1. 2.

(1) In this Ordinance "lands" means lands to which this Land.defined Ordinance applies. 1968 (3rd) c. 1, s. 2. 3.

(1) This Ordinance applies in respect of Application (

a) lands acquired before or after the coming into force of this Ordinance, with Territorial Funds; (

b) public lands, the administration of which has, before or after the coming into force of this Ordinance, been transferred by the Governor in Council to the Commissioner; (

c) lands acquired by the Commissioner pursuant to tax sale proceedings; (cl) all roads, streets, lanes and trails on public lands; and (

e) any other lands that are subject to the control of the Commissioner in Council. 1968 (3rd) c. 1, s. 3. 4.

(1) The Commissioner may dispose of lands that in the opinion of the Commissioner are not required for public purposes.

(2) All agreements providing for the disposition of lands shall be in writing and shall be signed by the Commissioner and be sealed with the seal of the Territory. 1968 (3rd) c. 1, s. 4. 5.

(1) The Commissioner may make regulations (

a) providing for the appraisal of lands and for the manner in which lands are to be offered for sale or other disposition; (

b) prescribing the terms and conditions of any sale, lease or licence to occupy of lands; and (

c) prescribing the fees to be payable to the Commissioner upon any disposition of lands. 1968 (3rd) c. 1, s. 5. 6.

(1) The Clerk of the Council shall lay before the Ter­ ritorial Council a copy of every document disposing of lands 969 Power to direct di.position of lands Execution of agreements Regulat ion.

Chap. L·3 Lands at the session of the Council next following the date of such document. 1968 (3rd) c. 1, s. 6. 970

Legal Profession

CHAPTER L.4 LEGAL PROFESSION ORDINANCE 1. This Ordinance may be cited as the Legal Profession Ordinance. R.O. 1958, c. 64, s. 1. 2.

(1) In this Ordinance "annual practice certificate" means a valid and subsisting certificate issued under the provisions of

section 7 ; "annual non-practice certificate" means a valid and subsist­ ing certificate issued under the provisions of

section 8; "barrister and solicitor" means a barrister and solicitor whose name is written on the roll ; "certificate year" means the period from the first day of April in any year to the thirty-first day of March in the next year; "Crown Attorney" means the person who holds the office of Crown Attorney for the Yukon Territory; "Legal Adviser" means the person who holds the office of Legal Adviser to the Council of the Yukon Territory; "registration certificate" means a valid and subsisting certifi­ cate issued under the provisions of

section 5; "Roll" means the Barristers and Solicitors Roll referred to in

section 3; "Secretary" means the Territorial Secretary of the Yukon Territory. R.O. 1958. c. 64. s. 2; 1970 (3rd) c. 6, s. 1. 3.

(1) The Secretary shall keep the Barristers and Solici­ tors Roll for the Yukon Territory which shall be the Roll prepared and kept on the 11th day of May. 1950, under the provisions of The Legal Profession Ordinance, being

Chapter 50 of the Consolidated Ordinances of the Yukon Territory, 1914, with such additions and alterations as are from time to time made thereto under the provisions of this Ordinance.

(2) Upon the production to the Secretary of a registration certificate issued by the Court and on payment of the pre­ scribed fee, the Secretary shall cause the name of the person 9il Chap. L·4 Shorllille Derinilions "annual praclice certificate" "annual non~ praclice cerlih· cBle" "barrister and ~olicitor" "cerl ificate year" "Crown Allor~ ney" "Legal Ad,·iser'" olregistration cerlihcale" "Roll" :'Secretary" Barrislers and Solicilors Roll

Chap. L.4 Persons eUlllled to he named on Roll Legal Profession designated in such certificate to be entered on the Roll with the date of such entry.

(3) The Secretary shall also cause the name of the person who from time to time holds office of Legal Adviser or the office of Crown Attorney to be entered on the Roll with the date of such person's appointment to that office.

(4) Where any name is improperly omitted