ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1974 SECOND SESSION I. SMITJI COIOlISSIONER ......... 'F' ....... c..-.-t ..... Y .... T ....... , ...... Ad ..,., n " • of ... CouoIWd.l o..y., of .-. BY Ho J. TAYLOR, Qa.a' ........

ORDINANCES OF THE YUKON TERRITORY 1974

CHAPTER NO. TITLE PAGE Electoral District Boundaries 1 Commission Ordinance 2 Lotteries Ordinance 5 3 Tobacco Tax Ordinance 6 4 An Ordinance to Amend the 'Court of 13 Appeal Ordinance 5 An Ordinance to Amend the Elections 14 Ordinance '6 An Ordinance to Amend the Electrical 18 Public Utilities Ordinance 7 An Ordinance to Amend the Fair Practices 20 Ordinance 8 An Ordinance to Amend the

Interpretations 22 Ordinance 9 An Ordinance to Amend the Labour Standards 23 Ordinance 10 An Ordinance to Amend the Mining Safety 24 Ordi nance 11 An Ordi nance to Amend the Motor Vehicles 25 Ordinance 12 An Ordinance to Amend the Notari es 27 Ordinance 13 An Ordinance to Amend the Public Service 28 Staff Relationi Ordinance 14 An Ordinance to Amend tlie School 30 Ordinance 15 An Ordi nance to Amend the Societies 108 Ordinance 16 N.C.N.R. Fifth Appropriation Ordinance 1973/74 109 17 N.C.N.R. First Appropriation Ordinance 1974/75 111 18 N.C.N.R. Second Appropriation Ordinance 1974/75 113 19 N.C.N.R.

Third Appropriation Ordinance 1974/75 115 20 N.C.N.R. Fourth Appropriation Ordinance 1974/75 117 21 N.C.N.R. Fifth Appropriation Ordinance 1974/75 119 22 N.C.N.R. Financial Agreement Ordinance 1974 121 23 N.C.N.R. Interim Supply Appropriation 125 Ordinance 1974/75 24 N.C.N.R. Loan Agreement Ordinance

(1974) No. 1 127 25 N.C.N.R, Municipal General Purposes Loan Ordinance 128 Table of Ordinances 131

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) ELECTORAL DISTRICT BOUNDARIES COMMISSION ORDINANCE (Assented to April 18, 1974) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. 2.

(1) This Ordinance may be cited as the EZectorai District Boundaries Commission Ordinance. In this Ordinance: Citation "Chairman" means the Chairman of the Electoral District

Definitions Boundaries Commission appointed pursuant to

Section 4; 3. (1) 4. (1) "Commission" means the Electoral District Boundaries Commission established pursuant to

Section 3; "electoral district" means any place or area entitled to representation on the Council of the Yukon Territory; "Judge" means the Judge of the Court; "Speaker" means the Speaker of the Council and includes any person designated by the Council to perform the duties of the Speaker. The Commissioner shall by proclamation estab'lish an Electoral District Boundaries Commission for the' Territory. The Commission shall consist of a Chairman and two members.

(2) The Chairman of the Commission shall be the Judge; one member shall be appointed by the Commissioner on the recommendation of the Council and the other member shall be appointed by the Commissioner on the joint recommendation of the Chairman and the other member. 5. (1) 6.

(1) No person is eligible to be a member of the Commission while he is a member of the Senate, the House of Commons, the Council, the council of a municipality or the Board of Trustees of a Local Improvement District. The Commission shall appoint one of its members to act as Chairman in the event of the absence or incapacity of the Chairman or if the office of Chairman is vacant. - 1 - Establishment of Commission Membership Ineligibility Acting Chairman

Quorum Vacancy Replacement of Chairman First Meeting Calling of Meetings Remuneration (2) (3) (4 ) 7. (1) 8. (1) (2 ) 9.

(1) Expenses of

(2) Members Preparation 10. (1) of Report Notice of 11.(1) hearings Map of pro- (2) posed Electoral Districts EZectopaZ Distpict Boundaries Commission At all meetings of the Commission, two members of the Commission constitute a quorum. Chp.l A vacancy in the membership of the Commission or in the office of Chairman does not impair the right of the remaining members to act, but where any such vacancy occurs it shall be filled within seven days by appointment in accordance with

Section 4. Notwithstanding subsection (3), where the Chairman is unable to act he may appoint another judge to act in his stead and such other judge shall have all the powers and duties of the Chairman other than the power of appointment mentioned in this subsection. The Commfssion shall meet as soon as may be after it has been' established. The Commission may be called together at any time by the Chairman for the purpose of carrying out its functions. The' Commission may meet at any time on its own motion to perform any of its functions or duties.

The members of the Commission, other than the Chairman, shall be paid such remuneration as the Commissioner may prescribe. The members of the Commission shall be paid such transportation, accommodation and living expenses in connect i on with thei r duti es I'Ihil e aI-lay from thei r ordinary place of residence as the Commissioner may prescribe.

Upon its establishment, the Commission shall proceed to prepare a report setting forth its recommendations concerning the division of the Territory into electoral districts, its recommendati,ons concerning the repre­ sentation of such districts, its recommendations concerning the description,of the boundaries and the name of each such district. As soon as practicable, the Commission shall give public notice throughout the Territory of its intention to hold hearings and receive representations in respect of the division of the Territory into electoral districts.

The Commission shall publish by advertisement in one or more newspapers circulating.in the Territory, a map or drawing prepared by the Commission showing the proposed division of the Territory into electoral districts and indicating the name to be given to each electoral district, the representation to be given to each such district, together with a

schedule setting forth the proposed boundaries of each electoral district and requesting representations from interested persons. - 2 -

12.(1) 13.(1) 14. (1) 15.

(1) Electoral District Boundaries Commission Chp • .1 The Commission may, in the performance of its duties, sit at such times and places in the Territory as it deems necessary for the hearing of representations. In recommending the representation to be given to electoral districts, the Commission shall allot not less than one half of the members of the Council to the electoral districts in that portion of the Territory lying outside the City of Whitehorse.

The Commission may include in an electoral district in the City of Whitehorse, any area outside the City of Whitehorse which is contiguous to the boundaries . of that part of the electoral district within the City of Whitehorse where it appears to the Commission necessary or desirable to do so. In recommending the boundaries of any electoral district, the Commission shall take into consideration: (

a) geographic considerations, including in particular the sparsity, density or relative rate of growth of population of any region of the Territory, the accessibility of any such region and the size or shape thereof; (

b) any special community or diversity of interests of the inhabitants of various regions of the Territory; (

c) the means of communication between various parts of the Territory, and all other simil~r and relevant factors. Meetings.as required Restriction on Allotment Areas con­ tiguous to tlliitehorse Items to consider 16.

(1) The Commissioner shall, upon the recommendation of the Secretary Commission, appoint a person to act as Secretary of the Commission. . (2 ) Upon being requested by the Chairman so to do, the Experts Commissioner may, from time to time, appoint one or more persons having· special knowledge to assist the Commission in carrying out its functions.

(3) A person appointed pursuant to this

section shall be 17.(1) 18.(1) paid such remuneration as the Commissioner may prescribe. The Commission shall record its proceedings and the Chairman shall be responsible for the custody and care of all records and documents ·belonging or pertaining to the Commission. The Commission may authorize a member or any other person to investigate and report on any question or matter arising in connection with the business of the Commission.

(2) A person authorized pursuant to this

section has all the powers of the Commission for the purpose of taking evidence or acquiring the necessary information for his report.· - 3 - Proceedings to be recorded Investigations for Commission

Rules 19.

(1) Powers of 20.

(1) Commission Report 21.(1) within four months Report filed with Speaker (2 ) Report (3) available to public Copies for

(4) Council Members Report laid (5) before Council Counci~ to 22;(1) be summoned Bill to be prepared

(2) Etectopat Distpict Boundaries Commission The Commission may make rules for regulating its proceedings and for the conduct of its business. Chp. 1 In performing its duties, the Commission has all the powers of a Board of Inquiry appointed under the Public Inquiries Ordinance. The Commission shall complete its report within four months of the coming into force of this Ordinance. The Commission shall forthwith after completion of its report: (

a) file its report with the Speaker; and (

b) transmit its records and documents to the Speaker after delivering its report to him. Copies of the report filed with the Speaker shall be made available to the public at the offices of the Territorial Secretary and the Territorial Agents for inspection during office ho~rs. The Clerk of the Council shall transmit copies of the report to each member of the Council. The Speaker shall, after receiving the report of the Commission, forthwith lay the report before the Council if the Council is then in ~ession, or if the Council is not in session then within five days after the opening of the next session.

Forthwi~h.after receiving the report of the Commission, the Speaker shall notify the Commissioner and the Commissioner shall forthwith summon the Council into session. If the Council by resolution approves or approves with alterations, the proposals of the Commission, the Commissioner shall prepare a Bill to carry out the provisions of the resolution and the Bill shall be introduced to Council at the same session at which the resolution is made. - 4 -

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) LOTTERIES ORDINANCE (Assented to May 13, 1974) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: l. 2. 3. 4. This Ordinance may be. cited as the Lotteries Ordinance. The Commissioner may, on behalf of the Territory, enter into agreements with the government of any province or any corporation established by the government of any province for the purpose of undertaking, organizing, conducting and managing lottery schemes.

The Commissioner is empowered to do every act and exercise every power for the purpose of implementing every obl igation ·assumed by the Government of the Territory under any agreement made pursuant to

Section 2. The Commi ss i oner may make regulat ions for the i ssui ng of licenses respecting (

a) the sale of lottery tickets. (

b) the sharing of the proceeds. and (

c) such other regulations as may be necessary to carry out the ~urposes and provisions of this Ordinance. - 5 -

Short Title Commissioner may make agreements Commissioner may implement ·agreement Regulations

short Title

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) TOBACCO TAX ORDINANCE (Assented to May 13. 1974) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: 1.

(1) This Ordinance may be cited as the Tobacco Tax Ordinance. Interpre-2.(1) tation In this Ordinance "consumer" means a person who purchases or acquires tobacco for his own use or consumption or for the use or consumption by others at his expense;.

"dea.ler" means a person who. in the Territory. sells or offers to sell tobacco or keeps tobacco for sale. either. at wholesale or at retail; "package" includes a box, tin. or other container in which tobacco is sold at retail; "retail dealer" means a person who sells or offers for sale. in the Territory, tobacco to a cons·umer; "retail sale" means a sale of toba,:co to a consumer; "tobacco" means tobacco and tobacco products in any form in which they may be consumed, by the consumer. and includes snuff; "Treasurer" means the Territorial Treasurer; "wholesale dealer" means a person who sells or off~rs for sale. in the Territory. tobacco for the purpose of res~le.

Tax on 3.

(1) Every consumer of tobacco in the Territory shall pay to the Consumer Treasurer a tax in respect of that tobacco as provided in this Ordinance. Collec- 4.

(1) Every dealer shall collect and remit pursuant to this. tion and Ordinance tax at the rate of Remission (

a) two-fifths of one cent on every cigarette purchased by him; (

b) one cent on every cigar purchased by him for a price at retail of not more than five cents; (

c) two cents on every cigar purchased by him for a price at retail of more than five cents and not more than twelve cents; (

d) three cents on every cigar purchased by him for a price at retail of more than twelve cents and not more than twenty cents; - 6 -

Tobacco Tax Chp. 3 (

e) five cents on every cigar purchased by him for a price at retail of more than twenty cents and not more than thirty cents; (

f) seven cents on every cigar purchased by him for a price at retail of more than thirty cents and not more than forty cents; (

g) nine cents on every cigar purchased by him for a price at retail of more than forty cents; (

h) two cents on every half of one ounce or part of half of one ounce of any tobacco purchased by him other than cigarettes or cigars.

(2) The tax payable on tobacco, other than cigars, shall be computed separately on every package.

(3) The tax payable on cigars shall be computed separately on the price at retail of each cigar whether or not.it is sold in a package.

(4) The tax payable under subsection (1) shall be computed to the nearest cent, and, for this purpose, one-half cent shall be counted as one cent, and the minimum tax payable shall be one cent. (5) (

a) Every dealer shall be deemed to be an agent for the Commissioner. (

b) A person acting as agent ~nder paragraph (a)·is not thereby made ineligible to be nominated, elected, or to sit.as a member of the Council.

(6) Every person resident or carrying on business in the Territory who brings or sends into the Territory or who acquires or receives delivery in the Territory of tobacco (

a) for his own consumption or use, or for ·the consumption or use by other persons at his expense~ or (

b) on behalf of, or as the agent for a principal who desires to acquire the tobacco for the consumption or use by the principal or other persons at the expense of th~ principal, . shall immediately report the matter in writing to the Treasurer together with all pertinent information required by the Treasurer in respect of the consumption or use of such tobacco, and furthermore, at the same time, shall pay to the Treasurer the same amount of tax as would have been payable if· the tobacco had been purchased in the Territory.

(7) Notwithstanding subsection (6), every person resident in the Territory or carrying on business.in·the Territory, may have in his possession·at anyone time, for his own consumption.an amount of tobacco not exceeding 5. (1) 200 cigarettes, 50 cigars, and 2 pounds of tobacco which he has personally acquired or received from outside the Territory and on which he has not reported to the Treasurer and on which he has not paid the tax otherwise required to be paid in accordance with this Ordinance.

No dealer shall advertise or hold out or state to the public or to a CQnsumer, directly or indirectly, that the tax or any part thereof imposed by this Ordinance will be assumed - 7 - Absorp- . tion of tax prohibited

Permits 6.(1) (2) (3) (4) (5 ) Sales in 7. (1) bulk pro­ hibited unles·s certificate ofpayment of taxes ob- (2) tained Secrecy 8. (1) of infor­ mation (2 ) TobacC!o Tax Chp. 3 or absorbed by him, or that it will not be considered as an element in the price to the consumer, or if added, that it or any part thereof will be refunded. No person shall sell or offer for sale tobacco in the Territory unless he has been granted, upon his application in the prescribed form, a permit, and such permit is in force at the time of sale.

No person shall sell or offer for sale, in the Territory, tobacco to a consuwer unless he holds a retail dealer's permit. No person shall sell or offer for sale tobacco for resale in the Territory to any person who does not hold a wholesale dealer's permit. The permit granted under subsection (1) shall be kept at the principal place of business of the dealer in the Territory and shall not be transferable, and shall upon request, be presented for inspection by the Treasurer, or by a person designated by him. Subject to the approval of the Commissioner, the Treasurer may (

a) cancel or suspend a permit where a person commits an offence against this Ordinance, or has failed ·to post the security required under

section 14 of this Ordinance, and (

b) refuse to issue a permit to a person who has committed an offence against this Ordinance, or has failed to post the security required under this Ordinance. No dealer shall dispose of his stock of tobacco through a sale in bulk, as defined in the Bulk Sales Ordinance without first obtaining a certificate in duplicate from the rreasurer that the tax collectable or payable under this Ordinance has been paid by the dealer.

Every person pUlchasing a stock of tobacco through a sale in bulk as defined in the Bulk Sales Ordinance, shall obtain from the dealer selling the stock of tobacco a duplicate copy of the certificate furnished under sub­ section (1), and, if he fails to do so, he is responsible for payment to the Treasurer of the tax collectable or payable under this Ordinance by the dealer thus disposing of his stock of tobacco through a sale in bulk.

Subject to subsection (2), no person employed in the administration of this Ordinance shall communicate or allow to be communicated to a person not legally entitled thereto information obtained under this Ordinance, or allow such person to inspect or have access to any written statement furnished under this Ordinance. The Treasurer may (

a) communicate or allow to be communicated information obtained under this Ordinance, or - 8 -

Tobacco Ta;x Chp. 3 (

b) allm" inspection of, or access to, any written statement furnished under this Ordinance to a person employed by the Government of Canada or the government of any province in connection with the administration or enforcement of a federal or provincial law. 9.

(1) Every dealer shall (

a) maintain books and records in respect of his tobacco transactions in sufficient detail to permit examination and calculation of the tax; and . (

b) preserve such books and records for such period of time as may be prescribed. lO.(l}. Any person so authorized by the Commissioner may enter at any reasonable time t~business premises occupied by any person, or the premises where his records· are kept, to determine whether or not (

a) the person is a dealer within the meaning of this Ordinance; or . (

b) this Ordinance and the·regulations are being and have been complied with, or to inspect, audit, and examine books of account, records, or documents, or to ascertain the quantities of tobacco purchased, on hand, used, or sold by him., and the person apparently in charge of or occupying the premises shall answer all questions. pertaining to these matters and shall produce such books of account, records or documents as may be required.

(2) Where it appears from the inspection, audit or examiniation of·books of account, records or documents that this Ordinance or the regulations have not been complied with, the person making the inspection, audit or examination shall calculate or estimate the tax due, if any, and the Treasurer shall assess the person for the amount of the tax so calculated, but the person so assessed may request a review of the amount of the assessment under

Section 11 of this Ordinance.

(3) Proof that an assessment under subsection (2) has been made is prima facie evidence tnet the amount stated therein is due and owing, and theonus of proving otherwise rests on the person so assessed. ll.(l} If a person disputes an assessment made under subsection (2) of

Section 10, he may, within sixty days after receipt of the notice of assessment, request a review of assessment.

(2) The request shall be in writing and shall be addressed to the Treasurer.

(3) The request shall set out clearly the reasons for the review and all facts relative thereto.

(4) Upon receipt of the request, the Treasurer shall duly consider the matter and affirm or amend the estimate or assessment and forthwith notify the person making the request in writing ·of his decision. - 9 - Books and records· Inspection Right of review

Liability 12.(1) of Tax Collector Penalty 13. (1) and interest (2 ) Bond 14. (1) deposit (2 ) (3 ) Liability 15.(1) of Corpora­ tion Officers Offences 16.

(1) Tobacco Tax Chp. 3 Every person who collects any tax under this Ordinance shall be deemed to hold such tax in trust for the Treasurer and shall make payment in the manner and at the time provided by the regulations; and the amount until paid, is a lien upon the property in the Territory of the person in default, or his estate in the hands of any trustee.

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

Section form part of the lien provided for in

Section 12. Where a dealer has failed to collect or to remit tax in accordance with this Ordinance, the Commissioner may require him to deposit a bond by way of cash or other security satisfactory to the Commissioner. The amount of the bond shall be determined by the Commissioner, but shall not be greater than an am"ount equal to six times the tax, or the estimated tax, that \~ould normally be collected by the dealer each month under this Ordinance.

Where a dealer, who has deposited a bond under subsection (1), fails to collect or to remit tax in accordance with this Ordinarice, the Treasurer may, after giving written notice to the dealer either by registered mail, or by personal service, apply the bond in whole or in part to the amount that should have been collected, remitted or paid by the dealer as the amount due in taxes under this Ordinance.

If a corporation commits an offence against this Ordinance, and, if an officer, director, employee, or agent of :he corporation directed, authorized, assented to, acquiesced, or knowingly participated in the commission of the offence, that person is a party to and guilty of the offence, but this does not affect the liability of the corporation for the penalties provided for such an offence. Every person who (

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

b) obtains or attempts to obtain or knowingly induces, assists Qr attempts to assist another person to obtain a reduction of tax; (

c) knowingly gives false information respecting any tobacco transaction; (

d) refuses or neglects to payor remit tax or to execute and submit prescribed returns, certificates, reports or forms required by this Ordinance; - 10 -

Tobacco Tax Chp. 3 (

e) refuses to produce records or documents respecting tobacco transactions, or (

f) violates any other provisions of this Ordinance, commits an offence against this Ordinance and is liable, upon

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

section or the enforcement of any penalty thereunder shall suspend or affect any remedy for the recovery of any tax.

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

(3) In any prosecution under subsection (1), a certificate purporting to be signed by the Treasurer stating the amount of tax that should have been collected shall be prima facie evidence of the amount of the tax that should have been collected.

(4) Any information or complaint in respect of an offence under this Ordinance may be for one or more than one offence and no information, complaint, warrant, conviction, or other proceeding in a prosecution under this Ordinance is objectionable or insufficient by reason of the fact that it relates to two or more offences. 17.

(1) In any prosecution for an offence under this Ordinance or in any action or other proceeding brought for the recovery of tax, the burden of proving that he has paid or remitted tax is on the accused or the def2ndant. 18.

(1) No prosecution for an offence under this Ordinance shall be commenced after two years from the date of the commission of ·the offence, except that in the case of fraud no limitation applies. 19.

(1) In any proceedings against a dealer pursuant to this Ordinance, his application form for a dealer'·s permit is prima facie evidence that the person is a dealer under this Ordinance.

(2) Where the dealer is described as a partnership on the application form, the application form is prima facie evidence that the persons named thereon are partners. 20.

(1) For the purpose of carrying into effect the provlslons of this Ordinance, the Commissioner may make regulations (

a) prescribing forms and records to be used or kept for the purpose of this Ordinance; (

b) prescribing the method of collection and remittance of the tax and any other conditions or requirements affecting such collection and remittance; (

c) defining any expression used in the Ordinance or regulations and not herein defined. - 11 - Onus of Proof Limitation Prosecution evidence Regulations

Tobacco Tax (

d) establishing a system of penmits to be used by dealers; (

e) generally for the purpose of carrying out the provisions of this Ordinance. Coming 21.

(1) This Ordinance shall come into force on June 1, 1974. into force - 12 - Chp. 3

CHAPTER 4 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) AN ORDINANCE TO ~'END THE COURT OF APPEAL ORDINANCE (Assented to April 26, 1974) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 5 of the Court of AppeaZ Ordinance is amended by deleting the expression "justices of appeal" in the second line thereof and substituting the expression "puisne judges" therefor. - 13 - R.O.Y.T.

Chapter C-20 Composition of Court of Appeal

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY (1974 Second Session) AN ORDINANCE TO AMEND THE ELECTIONS ORDINANCE (Assented to June 27, 1974) R.O.Y.T. The Commissioner of the Yukon Territory, by and with

Chapter E-1 the advice and consent of the Council of the said Territory, enacts as follows: Electoral districts Duty expenses ," 1. 2. 3,

Section 4(1) of the Elections ~dinance is repealed and the following substituted therefor: "4(1) There shall be twelve electoral districts as described in Schedule" I." "

Section 15(2) of the Elections ~dinance is repealed and the following substituted therefor: "15(~) In addition to the amount provided in sub­ section (1), there shall be paid to each member of Council representing the electoral districts of (

a) Ogilvie (

b) Mayo (

c) Klondike (

d) Pelly River (

e) Kluane (

f) Hootal inqua (

g) Watson Lake an allowance in respect of duty. expenses calculated at the rate of two thousand dollars per annum, and to each member of Council representing the electoral districts of (

h) Whitehorse Porter Creek (

i) Whitehorse West (

j) Whitehorse North Centre (

k) Whitehorse South Centre

(1) Whitehorse Riverdale an allm'lance in respect of duty expenses calculated at the rate of one thousand dollars per annum.

Schedule I of the Elections ~dinance is repealed and the following substituted therefor: - 14 -

Etections Chp. 5

SCHEDULE I The following are the electoral districts in the Yukon Territory: ELECTORAL DISTRICT OF OGILVIE The Electoral District of Ogi1vieconsists of that part of the Yukon Territory bounded by a line commencing at the point of intersection of Queen Street .and Eighth Avenue in Dawson City; thence eastwardly in a straight line to the intersection of longitude 137 degrees west and latitude 64 degrees north; thence due nortn to the Peel Riveri thence eastwardly down the centre line of the Peel River to latitude 66 degrees north; thence due east to the boundary of the Yukon TerritorYi thence northward1y, westwardly and southward1y along the east, north and west boundaries of the Yukon Territory to a point due west of the intersection of the western prolongation of the centre line of Queen Street in Dawson City and the Yukon River; thence due east to said inter­ section; thence eastwardly along the western prolongation of the centre line of Queen Street and the centre line of Queen· Street to the point of commencement; and including Herschel Island.

ELECTORAL DISTRICT OF MAYO The Electoral District of Mayo consists of that part of the Yukon Territory bounded by a line commencing at the point of intersection of longitude 132 degrees west and latitude 63 degrees north; thence due north to the eastern boundary of the Yukon Territory; thence northwardly along said boundary to its westernmost crossing of latitude 66 degrees north; thence due west to the centre line of the Peel River; thence westwardly up to the centre line of the Peel River to longitude 137 degrees west;. thence due south to latitude 64 degrees north; thence southeasterly to the intersection of longitude 136 degrees west and latitude 63 degrees north; thence due east to the point of commencement.

ELECTORAL DISTRICT OF KLOND,IKE The Electoral District of Klondike consists of that part of the Yukon Territory bounded by a line commencing at the point of intersection of Queen Street and Eighth Avenue in Dawson City; thence eastwardly to the intersection of longitude 137 degrees west and latitude 64 degrees north; thence southeasterly to the intersection of longitude 136 degrees west and latitude 63 degrees north; thence due east to longitude'135 degrees 30 minutes west; thence due south to latitude 61 degrees 45 minutes north; thence due west to longitude 138 degrees westi thence due north to latitude 63 degrees north; thence due west to the west boundary of the Yukon Territory; thence northerly along said boundary to a point due west of the intersection of the western pro­ longation of the centre line of Queen Street in Dawson City and the Yukon River; thence due east to said intersection; thence eastwardly along the western prolongation of the centre line of Queen Street and the centre line of Queen Street to the point of commencement.

ELECTORAL DISTRICT OF PELLY RIVER The Electoral District of Pe11y River consists of that part of the Yukon Territory bounded by a line commencing at the point of intersection of longitude 132 degrees west and latitude 63 degrees - 15 -

Elections Chp. S . north. thence due north to the boundary of the Yukon Territory. thence southeastwardly along said boundary to longitude 129 degrees west. thence due south to latitude 61 degrees 45 minutes north. thence due west to longitude 135 degrees 30 minutes west; thence due north to latitude 63 degrees north; thence due east to the point of commencement. ELECTORAL DISTRICT OF KLUANE The Electoral District of Kluane consists of that part of the Yukon Territory bounded by a line conmencing at the point of inter­

section of the west boundary of the Yukon Territory and latitude 63 degrees north; thence due east to longitude 138 degrees west, thence due south to latitude 61 degrees 45 minutes north; thence due east to longitude 135 degrees west; thence due south to the limit of the City of Whitehorse; thence northwestwardly and southeastward1y along said city limit to longitude 135 degrees west; thence due south to the south boundary of the Yukon Territory; thence westwardly and northerly along the south and west boundaries of the Yukon Territory to the point of corrunencement.

ELECTORAL DISTRICT OF HOOTALINQUA The Electoral District of Hoota1inqua consists of that part of the Yukon Territory bounded by a line commencing at the point of intersection of latitude 61 degrees 45 minutes north and longitude 135 degrees west; thence due east to longitude 131 degrees west; thence due south to the southern boundary of the Yukon"Territory; thence westwardly along said boundary to longitude 135 degrees west; thence due north to" the limit of the City of Whitehorse; thence eastwardly and northwestward1y along said city limit to longitude 135 degrees west;·thence due north to the point of commencement.

ELECTORAL DISTRICT OF WATSON LAKE The Electoral District of Watson Lake consists of that part of the Yukon Territory bounded by a line commencing at the point of intersection of the south boundary of the Yukon Territory and longitude 131 degrees west; thence due north to latitude 61 degrees 45 minutes north; thence due east to longitude 129 degrees west;·thence due north to the boundary of the Yukon Territory; thence southeastward1y and westerly along the east and south boundaries of the Yukon Territory to the point of commencement.

ELECTORAL DISTRICT OF WHITEHORSE PORTER CREEK The Electoral District of Whitehorse Porter Creek consists of that part of the City of Whitehorse bounded by a line commencing at Co-ordinate Control Monument 70G-139-l970 in the Whitehorse co­ ordinate survey area; thence due west to the limit of the City of Whitehorse; thence northloJestwardly and eastwardly along said city limit to the centre line of the Yukon River; thence southwardly up to the centre line of the Yukon River to a point due east of Co-ordinate Control Monument 70G-139-l970 in the Whitehorse co-ordinate survey area; thence due west to the point of commencement.

ELECTORAL DISTRICT OF WHITEHORSE WEST The Electoral District of Whitehorse West consists of that part of the City of Whitehorse bounded by a line commencing at the ~oint of intersection of the western prolongation of the centre line of - 16 -

ELections Chp. 5 Jarvis Street and the foot of the escarpment; thence northeastwardly along the foot of the escarpment to a point being due east of Co-ordinate Control Monument 70G-139-l970 in the Whitehorse co-ordinate survey area; thence due west to the limit of the City of Whitehorse; thence south­ wardly, eastwardly and northeastwardly along said city limit to the centre line of the Yukon River; thence northwardly down the centre line of the Yukon River to a point due east of the northernmost point of Lot 523; thence due west to the foot of the escarpment; thence north­ wardly along the foot of the escarpment to the point of commencement.

ELECTORAL DISTRICT OF WHITEHORSE NORTH CENTRE The Electoral District of Whitehorse North Centre consists of that part of the City of 'Whitehorse bounded by a line commencing at the point of intersection of the western prolongation of the centre line of Jarvis Street and the foot of the escarpment; thence north­ eastwardly along the foot of the escarpment to a point being due east of Co-ordinate Control Monument 70G-139-l970 in the Whitehorse co­ ordinate survey area; thence due east to the centre line of the Yukon River; thence southwardly up the centre line of the Yukon River to a point being the eastern prolongation of the centre line of Jarvis Street; thence westwardly along said prolongation and the centre line of Jarvis Street and its western prolongation to the point of commencement.

ELECTORAL DISTRICT OF l~HITEHORSE SOUTH CENTRE The Electoral District of Whitehorse South Centre consists of that part of the City of Whitehorse bounded by a line commencing at the point of intersection of Lewes Boulevard and the Hospital Road; thence due east to the limit ·of the City of Whitehorse; thence north­ westwardly and \'1estwardly along said city limit to the centre line of the Yukon River; thence southwardly up the centre line of the Yukon River to a point being the eastern prolongation of the centre line'of Jarvis.Street; thence westwardly along said prlongation and the centre line of Jarvis Street and its ~estern prlongation to the foot of the escarpment; thence southeastwardly along the foot of the escarpment to a point du~ west of the northernmost point of Lot 523; thence due east to the centre line of the Yukon River; thence down the centre line of the Yukon River to the centre line of the Robert Campbell Bridge; thence eastwardly along the centre line of said bridge and its prolongation to the point of commencement.

ELECTORAL DISTRI~T OF WHITEHORSE RIVERDALE The Electoral District of Whitehorse Riverdale consists of that part of the City of Whitehorse bounded by a line commencing at the point of intersection of Lewes Boulevard and the Hospital Road; thence due east to the limit of the City of Whitehorse; thence southwardly along said city limit to the centre line of the Yukon River; thence northwardly do\~ the centre line of the Yukon River to the centre line of the Robert Campbell Bridge; thence eastwardly along the centre line of said. bridge and its prolongation to the point of commencement. - 17 -

CHAPTER 6 . ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) AN ORDINANCE TO AMEND THE ELECTRICAL PUBLIC UTILITIES ORDINANCE (Assented to March 29, 1974) R.O. Y • T. 1972

Chapter 4 The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: Interim 1. permission Approval of, 2. board required Complaints

Section 19 of the said Ordinance is amended by adding thereto the following new sub~ection: "19.

(2) Notwithstanding subsection (1) where, in respect of any area of the Territory, no franchise has been granted, the Board may, subject to any conditions it may impose from time to time, .recommend to the Commissioner or a municipality an interim permission to a person to operate a publ ic util ity. 11

Section 21 of the said Ordinance is amended by adding thereto the following new subsection: "21.

(2) Notwithstanding

section 118 of the Municipal Ordinance, a municipality shall obtain the approval of the Board for the granting or renewing of a franchi~e for the supply of electricity before seeking the approval of the ratepayers or the Commissioner." Subsection 26(1} of the said Ordinance is repealed and the following substituted therefor: "26.

(1) The Council of any municipality within whose boundaries a public utility operates or twenty-five residents of the municipality, or where a public utility operates outside a municipality, five residents of the area to which the public utility provides service may file a complaint w~th the Board respecting (

a) the rates charged by the public utility or the classifications to which these rates apply; (

b) a proposed rate increase by the public utility notice of which has been given pursuant to

section 23; (

c) the manner in which the public utility provides service; - 18 -

EZeatPiaaZ PubZia Utilities Chp. 6 (

d) the areas to which the public utility provides service; or (

e) the conditions including any payments to be made in respect thereof, imposed by public utilities in establishing, constructing, maintaining or operating an extension to its facilities." - 19 -

CHAPTER 7 ORDINANCES OF THE YUKON TERRITORY . 1974 (Second Session) AN ORDINANCE TO AMEND THE FAIR PRACTICES ORDINANCE (Assented to Apri 1 26, 1974) R.O.Y.T. The Commissioner of the Yukon Territory, by and with

Chapter F-2 the advi ce and consent of the Counei 1 of the sai d Terri tory, enacts as follows: 1. Employers not to discriminate Discriminatory application forms Membership in trade unions Discharge expulsion, etc. 2. Discrimination prohibited

Section 3 of the Fair Practices Ordinance is repealed and the following substituted therefor: "3.

(1) No employer shall·refuse to employ, or to continue to employ, a person or adversely discriminate in any term or condition of employment of such person, because of the race, religion, religious creed, colour, ancestry, sex, marital status or ethnic or national origin of such person.

(2) No person shall require an applicant for employment to comple~e a form of application for employment that t'equires the applicant to give particulars as to his race, religion, religious creed, colour, ancestry, sex, marital status or ethnic or national origin.

(3) No trade union shall exclude any person from full membership, or expel or suspend or otherwise discriminate against any of its members, or discriminate against any person in regard to his employment by any employer, because of the race, religion, religious creed, colour, ancestry, sex, marital status or ethnic or national origin of· that person.

(4) No employer or trade union shall discharge, expel or otherwise discriminate against any person because he has made a complaint or given evidence or assisted in any way in respect of the initiation or prosecution of a complaint or other proceeding under this Ordinance. "

Section 4 of the said Ordinance is repealed and the following substituted therefor: "4.(1} No person shall, because of the race, religion, religious creed, colour, ancestry, sex, marital status or ethnic or national origin of any person, deny to that person the accommodation, services or facilities available in any place to which the public is customarily admitted. - 20 -

3. 4. (1)

(2) Fail' Practices Chp. 7

(2) No person, directly or indirectly, alone or with another, by himself or by the inter­ position of another, shall (

a) deny to any person or class of persons occupancy of any apartment in any building that contains more than six self-contained dwel1ingunits, or (

b) discriminate against any person or class of persons with respect to any term or condition of occupancy of any apartment in any building that contains more than six self-contained dwelling units. because of the race, religion, religious creed, colour, ancestry, sex, marital status or ethnic or national origin of such person or class of persons.

(3) This

section shall not apply where (

a) the accommodation, services, facilities or occupancy is restricted to persons who are of the same sex.·"

Section 5 of the said Ordinance is repealed and the following substituted therefor: "5.

(1) No· person shall (

a) publish or ·display or cause to be published or displayed, or (

b) penni t to be Publ1c;ation of discrimin- atory signs prohibited (i) . published in a newspaper that he controls, or (ii) displayed on lands or premises that he controls, any notice, sign, symbol, emblem or other .representation indicating discrimination, or an intention to discriminate, against any person or any class of persons in respect of the accommodation, services or facilities to which

Section 4 applies, or in respect of·employment or prospective employment, because of the race, religion. religious creed, colour, ancestry, sex, marital status or ethnic or national origin of that person or class of persons." Paragraph l3(1)(

d) of the said Ordinance is repealed. Subsection 13(3) of the said Ordinance is repealed and the following substituted therefor: "13.

(3) Nothing in this Ordinance deprives any employer Idem of the right to employ persons of any particular race, religion, religious creed, colour, ancestry, sex, marital status, or ethnic or national origin in preference to other persons where such . preference is based upon a bona fide occupational qual ification." - 21 -

R.O.Y.T.

Chapter 1-3 "holiday"

CHAPTER 8 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) AN ORDINANCE TO AMEND THE

INTERPRETATION ORDINANCE (Assented to April 26, 1974) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 20 of the

Interpretation Ordinance ;s amended by repealing the definition "holiday" and substituting the following therefor: "20. "holiday" includes Sunday, New Year:s Day, Good Friday, Easter Monday, Victoria Day, Dominion Day, Discovery Day (being the third Monday in August), Labour Day, Remembrance Day, Christmas Day. the birthday or the day fixed by proclamation for the celebration of the birthday of the rejgning sovereign and any other day appointed by proclamation for a general fast or thanksgiving, and whenever a holiday falls on a Sunday, the expression "holiday" includes the following day:" - 22 -

cHAPTER 9 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) AN ORDINANCE TO AMEND THE LABOUR STANDARDS ORDINANCE (Assented to May 13, 1974) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said ferritory, enacts as follows: 1. 2.

Section 31 is repealed and the following substituted therefor: "31.

(1) Where an employee employed in or in relation to (

a) custodial work; (

b) essential services~ or (

c) a continuous operation, is requi red to work on a day that is a ho 1 i day under this Part he shall, in addition to his regular rate of pay for the hours worked by him on that day (

d) be paid not less than time and one half his regular rate of pay for all hours worked by him on that day, or. (

e) be given 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." . Paragraph 49(1)(

g) is repealed and the following substituted therefor: "(

g) prescribing custodial work, essential services and continuous operation for the purposes of secti on 31; and"

Section 5 is amended by adding thereto the following new subsection: . R.O.Y.T.

Chapter L-l Custodial work and essential services and continuous operat"ion "

(4.1) An individual to whom paragraph 4(

f) applies, is Exception not included in the application of this Part by reason only of the occasional performance of duties other than those of a supervi sory or managerial character." - 23 -

R.O.Y.T.

Chapter M-9 Restriction as to age

CHAPTER 10 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) AN ORDINANCE TO AMEND THE MINING SAFETY ORDINANCE (Assented to April 26, 1974) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts "as follows: 1. Subsection 10(1) of the Mining Safety ordinance is repealed and the following substituted therefor: "10.

(1) No person under the age of eighteen years shall be employed underground or at the working face of any open cut workings, pit or quarry." - 24 -

CHAPTER 11 ORDINANCES OF THE YUKON TERRITORY (1974 Second Session) AN ORDINANCE TO AMEND THE MOTOR VEHICLES ORDINANCE (Assented to June 27. 1974) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: R.Y.O.T.

Chapter M-ll 1. 2. Subsections 9(2) and (3) are repealed and the following substituted therefor: "9(2} No person shall operate and no owner shall permit the ope~ation of a motor vehicle on a highway unless a valid and subsisting motor vehicle liability policy of in~urance is in force in respect of such vehicle.

(3) No person shall operate a motor vehicle on a highway unless he has in the motor vehicle a valid motor vehicle liability insurance card in a form approved by the Commissioner. {4} Any person who (

a) contravenes the provisions of subsection (2). or (

b) produces to a peace officer. officer or the "Registrar of Motor Vehicles (

i) a motor vehicle liability insurance card purporting to sho\" that there is in force a policy of insurance that is. in fact. not in force. or (ii) gives or loans to any person not entitled 'to have it, a motor vehicle liability insurance card. commits an offence and, upon conviction, is liable to a fine of not less than two hundred and fifty dollars, or to imprisonment for a period of three months. or to both fine and imprisonment. (

S) A certificate of the Commissioner stating that the person named therein has not taken out or maintained in force a policy of motor vehicle liability insurance as required by SUbsection (1) is admissible in evidence in a prosecution of such a person for violation of that subsection. and is prima facie proof of the statement contained in the certificate." Subsection 62(3) is repealed and the following substituted therefor: - 25 -

Fees Saving 3. 4. Motor Vehicles Chp. 11 "62.

(3) Every trailer other than a trailer drawn by a trucktractor and attached thereto by means of a device corrnnonly known as a "fifth wheel" shall have. in addition to the main coupling device. an auxiliary hitch consisting of a chain or metal cable equivalent in strength to the main coupling device." Paragraph l55(1)(

w) of the said Ordinance is repealed. The said Ordinance is further-amended by adding thereto the following new section: "175.

(1) Notwithstanding any provision of this Ordinance; the fees to be established pursuant to any

section of this Ordinance. shall be in accordance with the tariff of fees pursuant to

Schedule 11 of this Ordinance.

(2) Notwithstanding subsection (1). any fees established by regulations made by the Commissioner and in force on the 26th day of June. 1974 or expressed to come into force on the 1st day of February. 1975. shall continue in force as if they were made pursuant to subsection (1) until amended and set out in

Schedule 11 of this Ordinance." - 26 -

CHAPTER 12 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) AN ORDINANCE TO AMEND THE NOTARIES ORDINANCE (Assented to April 26. 1974), The Commissioner of the Yukon Territory. by and with the R.O.Y.T. advice and consent of the Council of the said Terrftory. enacts as

Chapter N-J follows: 1. Subsection 6(1) of the Notaries Ordinance is repealed and the following substituted therefor: "6.

(1) Upon the applicant filing proof in the prescribed form with the Territorial Secretary that he has passed the examination, and has taken the oath of office, in the prescribed form before a judge or magistrate. the Territorial Secretary shall enroll the applicant as a Notary Public and shall record upon the roll a memorandum of the area within which the Notary Public is authorized to practise." - 27 - Enrolment after examination

CHAPTER 13 ORDINANCES OF THE YUKON TERRITORY 1974 (Second Session) AN ORDINANCE TO AMEND THE PUBLIC SERVICE STAFF RELATIONS ORDINANCE (Assented to May 13, 1974) R.O.Y.T. The Commissioner of the Yukon Territory, by and with the

Chapter P-ll advice and consent of the Council of- the said Territory, enacts as follows: "Deputy Chairman" Membership of the Board Tenure Reappointment 1. 2. 3.

Provision for Deputy Chairman The PUblic Service Staff Relations Ordinance is amended by adding to section.2 the following definition: "Deputy Chairman" means a Deputy Chairman of the - Board." The PUblic Service Staff Relations Ordinance is amended by repealing subsections 7(1), 7(2) and 7(3) thereof and substituting the following therefor: "7. (1 ) There shall be a Boa rd to be called the Yukon Public Service Staff Relations Board consisting of a Chair.nan, a Vice-Chairman, not more than three Deputy Chairmen and not less than four nor more than eight other members to be appointed as being representative in equal numbers of the interests of employees and of the interests of the employer respectively.

(2) The Chairman, the Vice-Chairman, the Deputy Chairman and the other members of the Board shall be appointed by the Commissioner to hold office during good behaviour for such period not exceeding five years as may be determined by the Commissioner.

(3) A retiring Chairman, Vice-Chairman, Deputy Cha irman or other member may be reappoi nted to the Board in the same or another capacity," The Public Sepvice Staff Relations Ordinance is amended-by adding thereto the following new section: "8.

(2) A Deputy Chai rman may '?xercise such of the powers and functions of the Chairman under this Ordinance as may be assigned to him by the Chairman other than the power to act as Chairman in the circumstances described in

section 8(1)." - 28 -

4. (1 ) PubZic Service Staff Relations Paragraph 12(2)(a)' of the Public Service Staff Relations Ordinance is repealed and the following substituted there for: "12.(2)(

a) The Chairman, Vice-Chairman or a Deputy Chairman; and" Chp. 13 (2) Subsection 12(3) of the Public Service Staff Relations Ordinance is repealed and the following substituted therefor: "12.(3) . A decision of a majority of those present at any meeting of the Board, or a division thereof, is a decision of the Board or the division thereof, as the case may be, except that (

a) where both the Chairman and Vice-Chairman are present at any meeting of the Board. only the Chairman may vote; (

b) where both the Vice-Chairman and a Deputy Chairman are present at any meeting of the Board, only the Vice-Chairman may vote; and (

c) where both the Chairman and a Deputy Chairman are present at any meeting of the Board, only the Chairman may vote." - 29 - Meetings for conduct of business De<;ision of majority

CHAPTER 14 ORDINANCES OF THE YUKON TERRITORY (1974 Second Session) AN ORDINANCE TO AMEND THE SCHOOL ORDINANCE (Assented to June 27. 1974) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said.Territory. enacts as follows: Citation 1.

Definitions 2. (l) "assistant superintend- ent" "Board" "elementary school" "Lay-off" "parent" "pupil" "registrar" "regional superintend- o ent" "school committee" "school" "secondary school" "superintend- ent" ° "school"';year" "tax payer"

Short Title ·This Ordinance may be cited as the SchooL Ordinance.

PART I

Interpretation In this Ordinance. "assistant superintendent" means an assistant superintendent of Education appointed pursuant to subsection 9(1); "Board" means a Board of School Trustees of a school district duly constituted under this Ordinance; "elementary school" means the several grades in any school as defined by the Commissioner in regulations; "lay-off" means a person who has been laid off pursuant to

section 93 and who is suitable and qualified for continued employment as a teacher; "parent" includes the lawful g~ardian of a child; "pupil" means a person who is·enrolled in a school; "registrar" means the registrar appointed pursuant to subsection 9(2); "regional superintendent" means a regional superintendent of Schools appointed pursuant to subsection 9(1}; "school committee" means a school committee duly established under this Ordinance; "school" means a school to which this Ordinance applies; "secondary school" means the several grades in any school as defined by the Commissioner in regulations; "superintendent" means the Superintendent of Education appointed pursuant to

section 8; "school-year" means a year commencing on the first day of July and ending on the thirtieth day of June next following; "tax payer" means a person whose name appears on the current assessment roll of the Territory or of a municipality or. in the case of a municipality having no assessment roll. a person who owns assessable property in that municipality - 30 -

School Chp • .14 and shall include a person in respect of whose children an annual grant in lieu of school taxes is paid by the Federal Government. "teacher" means a person holding a valid and subsisting "teacher" 3.(1) 4. (1) 5. (l) (2) 6.(1) 7. (l) 8.(1) 9. (

l) certificate of qualification issued pursuant to

section 16. who is appointed or employed by the Commissioner or a Board to give tuition or instruction or to administer or supervise instructional service in a school, and includes a person to whom is issued, pursuant to this Ordinance. a letter of permission to teach and for the purpose of sections 79 to 99 includes any person who is an employee pursuant to

section 118 but does not include a person· appointed pursuant to sections 8 or 9.

PART II Classification of Schools The school system of the Yukon Territory shall consist of: (

a) Territorial Schools established by the Commissioner pursuant to sections 4 and 5. and (

b) District Schools established pursuant to

Part IX.

PART III General Administration The Commissioner may establish Territorial Schools at any place in the Territory. The Commissioner may establish Territorial Schools at any place in the Territory exclusively or mainly for the education of children not of the Roman Catholic faith. The Commissioner may establish Territorial Schools at any place in the Territory exclusively or mainly for the education of children of the Roman Catholic faith. The Commissioner may close any school established pursuant to sections 4 or 5.

The Commissioner shall operate. manage and maintain any school established by him pursuant to sections 4 or 5. The Commissioner shall appoint an officer to be called the Superintendent of Education. The Commissioner may appoint assistant superintendents of education. regional superintendents of schools. and other persons to assist the Superintendent in the performance of his duties under this Ordinance.

(2) The Commissioner may appoint a registrar who shall perform such duties and functions as may be assigned to him. 10.(1) . An assistant superintendent or region~l superintendent. designated by the Commissioner. has all the powers. - 31 - Classification Territorial Schools Non-Catholic Schools Catholic Schools Closure Operation Superintendent of Education Other Departmental Officials Absence of Superintendent

Appointment 11.(1) of teachers . Medical 12.

(1) Examination Certificates13.(1) of Qualifi­ cation Courses of 14.

(1) Study Variation in Courses ~,:hools Books etc. (2) ( 3) Powers of 15.

(1) Superintend",: ent

(2) Duties ~f 16.

(1) Superintend- ent School duties and functions of the Superintendent when Ca) the Superintendent is ill ~r absent; . Cb) the Superintendent is unable to act. or Cc) the position is vacant. Chp. 14 The Commissioner shall. on the recommendation of the Superintendent. employ teachers and other persons to fu1fill the requirements of this Ordinance. The Commissioner may require a teacher or other employee under this Ordinance to submit to a medical examination. The Commissioner shall determine the.

Certificates of Qualification. the grades and categories of such Certificates. and the terms and conditions under which such Certificates shall be issued to teachers and other persons to whom this Ordinance applies and govern the granting of such Certificates. The Commissioner may prescribe,the courses of study to be used in schools and he may authorize the Superintendent to make modifications and adaptations to such courses.

Subject to subsection (1). the Superintendent may. at the request of a school committee \,/ho have consulted· with the principal. or where there is no school committee. at the request of ~ principal. authorize: Ca) the use of a course of study; (

b) the adaptation or modification of a course of study; and . Cc) the use of a textbook or other instructional materials or apparatus in a particular school for a specified period of time. The Commissioner may supply books and other instructional materials or apparatus to teachers. pupils or boards on such terms as he may determine. Superintendent of Education The Superintendent shall have general superintendence over all matters pertaining to the education of children in the Territory and shall ensure that the provisions of this Ordinance are carried out. With respect to a school established under

Part IX of this Ordinance. the Superintendent shall exercise all the pO\'/ers and perform a 11 the duti es des cri bed in thi s Ordinance except those which are, by the provisions of

Part IX of this Ordinance, especially given to or imposed upon the Board. The Superintendent shall (

a) furnish copies of this Ordinance and the Regulations to school boards, school committees and teachers; (

b) supervise all schools operated under this Ordinance; (

c) arrange. in respect of schools operated under this - 32 -

(2) 17.(1) 18. (1 ) School. Chp. 14 Ordinance. for the examination and investigation of: ·(

i) the progress of pupils in learning. (ii) the order and discipline observed. (111) the system of instruction pursued. (iv) the professional development of teachers. (

v) the mode of keeping school records. and (vi) the condition of the buildings and premises. and, with respect to these matters. make reports to the Commissioner. (

d) prepare and submit an annual report to the Commissioner respecting the administration of this Ordinance not later than three months after the. end of the school year; (

e) have charge of the issu~ng of certificates of qualification to teachers and other persons to whom ·this Ordinance applies; (

f) perform such other duties as may be assigned to him by the Commissioner. The annual report made by the Superintendent under this

section shall be laid before the Council by the Commissioner within fifteen days after the opening of the next regular session thereof or within five days if the Council is in session. The Superintendent may (

a) issue letters of permission for teaching pursuant to the regulati~ns; (b) (c) (

d) require the preparation and completion of reports from persons under his supervision; designate school attendance areas throughout the Territory; . on the application of the parent of a child who has attained the· age of fourteen years, grant· permission for the child·to discontinue attendance at school where: (

i) the child is not making or is not likely to make further progress in school; and (ii) it is in the best interest of the child. Board of Examiners There shall be a Board of Examiners composed of the Superintendent who.shall be Chairman and two members appointed by the Commissioner.

(2) Each member of the Board of Examiners, other than the Chairman. shall hold office during pleasure for a term of three years and shall be paid such remuneration (3) as may be determined by the Commissioner. The Board of Examiners may appoint any e~aminers and assistants as required for the purposes of this Ordinance. - 33 - Annual Report Further Powers Board of Examiners Additional Staff

Examin- 19.(1) ations Review (2) of Results Duties of 20.

(1) Regional Superintend- ent . ! Sohooi Chp. 14 , The Board of Examiners shall conduct examinations as d1rected by the Commissioner and· shall report thereon to the Commiss;oner. The Board of Examiners shall. in accordance with the regulations. at the request of an examination candidate or the parent of a candidate. review or cause to be reviewed the results of any examination conducted by the Board. Regional Superintendent of Schools A Regional Superintendent shall: (

a) assist the Superintendent in carrying out the provisions of this Ordinance; (

b) assist and advise school committees in the performance of their duties under this Ordinance; (

c) furnish members of school committees and teachers with information respecting this Ordinance; (

d) prepare a report on the op~ration of any school in his region as required by the Superintendent or as requested by a school committee of a school; (e) (f) (

g) submit a copy of any report prepared at the request of a school committee. pursuant to paragraph (

d) to the Superintendent; make a \,Iri tten eva 1 uati on of the work of each teacher in his region who 'is on probationary appointment not less than once each year and each other teacher in his region not less than once in every three'years; make a written evaluation of the work of (1) any teacher in the region with respect to whom the Superi'ntendent or a school commi ttee requests a report; and (ii) any teacher in the region who. on or before the thirty-first day of March in that school year. requests that a report be made with respect to himself; (

h) submit any reports made by him pursuant to paragraphs (

f) and (

g) to the Superintendent and send one copy to the teacher in respect of whom the report was made; (1) discuss with a school committee any report made by him at the request of the school committee pursuant to paragraph (

d) or subparagraph (g)(i); (

j) attend at least one meeting of each school committee in his region in each school year; (

k) investigate and report upon the conduct of any pupil when requested to do so by the Superintendent; (1) discuss with a school committee alterations and additions to the physical facilities of the school; (

m) perform such other duties as may be assigned to him by the Superintendent; and (

n) subject to any instructions of the Superintendent: (1) provide leadership in evaluating and improving the educational program in a region; - 34 -

School Chp. 14 (ii) exercise general supervision over the schools. in his region and visit them as frequently as possible but not less than twice in each school year; (iii) assign teachers to their respective schools. (2) (

a) The Regional Superintendent shall discuss with the 21. (1) principal and the school committee. where there is a school committee. how funds allocated to the school may be spent. (

b) The Regional Superintendent shall discuss with the principal and the school committee. where there is a school committee. the initiation and application of local educational policies. Principal The Superintendent or a Board shall have the authority to appoint the principal of a school.

(2) The principal of a school shall be a teacher.

(3) A teacher appointed to be the principal of a school is on probation as a principal for two years from the date of his appointment as a principal.

(4) The appointment of a principal on probation may be terminated by the Superintendent or the Board by giv1ng him not less than one month's notice in writing.

(5) If a principal on 'probation does not receive not1ce (6) (7) in writing from the Superintendent or the Board of the termination of his appointment prior to March 31st of the second year of his appointment as a principal. his appointment shall be a continuing one. ~Jhere a teacher appointed as a principal pursuant to this

section was. immediately before his appointment as a principal, employed as a teacher on a continuing appointment and his appointment as a principal is terminated pursuant to subsection (4). he is entitled to be re-employed as a teacher following the termination of his appointment as a principal. l The Superintendent or a Board shall have the authority to appoint a vice-principal of a school.

(8) The provisions of subsection 21(3) to (6) shall apply mutatis mutandis to a teacher who is appointed as a vice-principal. 22.

(1) A principal shall. subject to any instructions of the Superintendent or a Regional Superintendent: (

a) have charge of the organization. administration. and supervision of the school. including supervision over . (

i) the class1fication and programming of pupils; (i1) ihe time-tables' of the teachers; (iii) the method of instruction and general discipline pursued in all grades~ (1v) the maintenance of school records;' - 35 - Appointment af Principal Probationary Period Rights of Former Principal Vice-Principal Duties of Principal

School·· Chp. 14 (

v) the conduct of pupils on school premises during curricular and extra-curricular activities sponsored or organized by the school. and (vi) the conduct of pupils during curricular and extra-curricular activities sponsored or organized by the school but conducted out­ side of school premises; (

b) have charge of the supervision and direction of all staff assigned to the school; (

c) have charge of the supervision and direction of all persons who volunteer to serve in the school· without remuneration; (d) 1n accordance with directions given to him by the Superintendent or Regional Superintendent (

i) once each year make a written evaluation of the work of each teacher under his supervision holding a probtationary appointment; and (11) make a written evalJation of the work of any teacher under his supervision in respect of w.hom the Superi ntendent or a Regi ona 1 Superintendent requests an evaluation; (

e) ensure that each teacher is in his classroom or on the school premises fifteen minutes immediately preceding the commencement of instruction in each school day; (

f) report promptly to the Regional Superintendent the· apP'arent ou.tbreak of any contagi ous or i nfecti ous disease·· in the school. or any insanitary condition of the school building or surroundings; (

g) ensure the proper care of school buildings. premises and equipment by all persons using them; (

h) be responsible for keeping the school buildings and grounds clean and in fit condition; (

i) report to the Regional Superintendent any repairs to the building or equipment· which are required; (

j) requisition all necessary materials. supplies and equipment for the school and arrange for their proper distribution; (

k) be responsible for and account for all materials. supplies.and equipment provided for use in the school; (1) maintain any records and complete any returns and forms required by the Superintendent; (

m) verify by affidavit any return made by him when required to do so by the Superintendent; (

n) notify the Superintendent of all absences of the staff of the school; (0) assign teaching duties to the teachers in the school; (

p) perform such teaching duties as may be required of him in the school; (

q) perform such other duties as may be required of him by the Superintendent or Regional Superintendent. - 36 -

(2 ) School. Chp. 14 Where a principal makes a written evaluation of a teacher pursuant to paragraph (l)(d). he shall send '} the original of the report to the Regional Superintendent. furnish a copy to the teacher and retain a copy until the end of the school year. at which time he shall transmit that copy to the Regional Superintendent. 23.

(1) The principal of a school shall make rules not inconsistent School with this Ordinance governing the conduct of the staff Rules and pupils.

(2) Where there is a school committee. a principal shall consult with the school committee prior to making rules governing the conduct of the pupils. 24. Cl) 25.

(1) A principal of a'school may. with the approval of the Regional Superintendent. authorize a member of the staff to perform, in the absence of the principal. any of the duties, powers and functions that may be or are required to be performed or exercised by the principal under this Ordi nance. ' A principal shall discuss with the school committee, where there is a school convnittee, and the Regional Superintendent, how funds allocated to the school may be spent.

(2) A principal shall discuss with the school committee, where there is a school ~ommittee, and the Regional Superintendent, the initiation and application of local educational policies. 26.

(1) A principal may, in accordance with the regulations. administer punishment to pupils.

PART IV Pupils Absence of' Principal Discussion of Spending and Policies Punishment of Pupils 27.

(1) Any child who attains the _ge of five years and eight Optional (2) 28. Cl) 29.(1) months on or before the first day of September in any Attendance year may attend school. A child who may attend school pursuant to subsection (1), but is not required'to attend school pursuant to

section 29 is only entitled to attend school if he is enrolled in a school on or before September 30 of the year referred to in subsection (1). A child who has attained the age of five years and has previously been legally enrolled in a publicly-supported school shall be admitted to the appropriate grade, as determined by the Superintendent, whenever he presents himself for enrolment. Except as otherwise provided ~n this Ordinance: (

a) every child who attains the age of six years and eight months on or before the first day of September in any year shall attend school on every school day from the first school day in September of that year until the last school day in June in the year in which he attains the age of sixteen years. (b) 'every child who attains the age of six years and eight months after the first day of September 1n - 37 - Right of Former Pupils Compulsory Attendance

Exceptions Truancy an Offence Power to Order Attendance Further Offences Evidence (2) (3j (4)

(5) School ChI'. 14 any year shall attend school on every school day from the first school day in September in the next succeeding year until the last school day in June in the year in which he attains the age of six­ te.en ~ars. A chl1 d 1 s not requi red to attend school where: (

a) the child is unable to attend school by reason of illness or other unavoidable cause; (

b) the child is excluded from attendance at school under any Ordinance; (

c) in the opinion of the Superiritendent. the child is.receiving satisfactory instruction at home or elsewhere; (

d) the child is absent on a day regarded as a holy day by the church or religious denomination to which he belongs; (

e) the child's absence is authorized by regulation; (

f) the child is permitted. by the Superintendent. to discontinue attendance pursuant to paragraph l7(1)(d); (

g) the child is suspended pursuant to

section 39; or (

h) a child. at the reasonable request of a parent. is permitted by the principal to be temporarily absent from schoo 1 . A parent of a child who is required. pursuant to this Ordinan.ce. to attend school. who neglects or refuses to cause his child to attend school. is. unless the child is legally excused from C'.ttendance. guilty of an offence and is liable on

summary conviction to a fine of not more than $25.00. The justice may. instead of imposing a fine. require the person convicted of an offence. to give a bond or other security conditioned that the person should cause the child to attend school as required by this Ordinance. and the justice ~ay order such perSOh to cause the child to attend school as required by this Ordinance. A person who fails to cause a child to attend school when required by a justice. pursuant to subsection· (4). commits an offence and is liable on

summary conviction to a fine of not more than $250.00 or to imprisonment for a term not exceeding one month or to both fine and imprisonment. and ~ach day's continuance of such failure or neglect shall constitute a separate offence.

(6) A child who is required to attend school pursuant to this Ordinance. who is habitually absent from school. without being legally excused. commits an offence.

(7) In prosecutions under this section. a certificate as to the attendance or non-attendance at school of any child, . signed or purported to be signed by the principal of the school, is prima facie evidence of the facts stated therein without any proof of the signature or appointment of the principal.

(8) Where a person is charged under this

section in respect of a child who is alleged to be of compulsory school age and the child appears to the justice to be of compulsory school age. the child shall for the purposes of the - 38 -

30. (l) 31. (l) 32. (1) 33. (1) 34. (l) 35. (l)

(2) School Chp. 14 prosecution be deemed to be of compulsory school age unless the contrary· is proved. The Commissioner may appoint school attendance counsellors who shall, under the direction of a Regional Superintendent and subject to the Ordinance, enforce compulsory school . attendance and perform such other duties as may be assigned by the Superintendent. Except as authorized by the Superintendent, pupils shall attend the designated school in the attendance area within which they reside. The Commissioner may provide correspondence courses of instruction. It shall be the duty of every pupil to (

a) observe the rules of the school he. attends; (

b) carry out such learning activities as may be required by his teachers; (

c) diligently pursue the courses of instruction and carry out such activities as may be required of him in class or at any school function whether in or outside school; (

d) regularly attend school as may be required by this Ordinance; (e) . refrain from damaging or mutilating any school property; (

f) present himself punctually at each session of school c1pthed appropriately in keeping with the custom of the school; (g). return any school books or apparatus on Joan to him when required by his teacher or principal. Where any pupil wilfully mutilates, destroys, or without permission removes any school property, the parent of such pupil shall be liable for damages. Religious Instruction Religious instruction may be given to children in school during the first h~lf hour of each school day or during such other period as the Commissioner may prescribe.

Where religious instruction is given in a Territorial school pursuant to subsection (1), any child attending that school may, with the written approval of his parent, leave the class during the time that such religious instruction is given.

(3) No pupil shall be required to participate in any patriotic 36. (l) (2) . exercise to \'1hich ·his parent has objected in writing. School Health The Commissioner shall appoint a School Medical Officer for the Territory. No person shall be appointed as School Medical Officer unless he is a duly licensed medical practitioner. - 39 - Enforcement Designated Schools Correspondence Courses Duties of Pupils Damage to School Property Religious. Instruction Excuse for Non-Attendance School Medical Officer

Duties

(3) School. Chp. 14 The School Medical Officer may from time to time appoint other persons to perform such duties in respect of the health inspection of pupils and schools as he may con­ sider necessary or expedient.

(4) The School Medical Officer shall from time to time make or cause to be made examinations as to the general health of the pupils attending school.

(5) The School Medical Officer shall carefully examine or cause to be examined the school buildings and surroundings and report to the Superintendent the result of his examination together with any recommendations he may wish to make. Report to

(6) Where the School Medical Officer considers that the condition of the health of any pupil is a danger to the health of the other pupils attending school. he shall report the matter to the Superintendent. Superintend- ent Carriers

(7) The Superintendent shall remove from school any pupil whose condition of health is reported by the School Medical Officer to be dangerous to the health of other pupils and the pupil shall not be permitted to return to the school until his condition is no longer a danger to the other pupils. Closure of (8) -Where. pursuant to subsection (5). the School Medical Officer recommends that a school shall be closed, the Superintendent shall forthwith transmit the recommendation to the Commissioner \~ho shall close the school pursuant School to

section 6 until the conditions requiring the closure have been remedied. Transportation In this section. "home" means the home or other residence designated by the Commissioner as _the home of the pupil for the purpose of this section. Provision

(2) Where a pupil's home is more than two miles by the nearest passable road from the designated school he attends. the Commissioner shall provide transportation for the pupil of Transport to and from the school and the pupil's home. or an allowance in lieu of transportation. or accommodation. or an allowance in lieu thereof. or provide education by correspondence.

(3) Where a pupil's home is less than two miles by the nearest passable road from the designated school the pupil attends. the Commissioner may, subject to the prescribed fee and any conditions imposed by the Regulations. provide trans­ portation for the pupil to and -from the school and the pupil' s home.

(4) Where there are special circumstances related to the extreme youth or physical condition of the pupil, the Commissioner-may provide transportation for a pupil whose home is less than two miles by the nearest passable road from the designated school he attends. or an allowance - in lieu of transportation. Transport- 38.(1) ation Where a pupil. whose home is in the Territory. is compelled and does live away from home in order to attend a Territorial school. the Commissioner shall­ provide accommodation or an allowance in lieu thereof in respect of the pupil. Allowances - 40 -

39. (1) 40. (1) 41. (1) 42. (1) 43. (1) 44. (1) 45. (1 ) 46.

(1) School Chp. 14 Pupil Suspension Where a pupil: (

a) is persistently truant; (

b) habitually neglects his duties; (

c) habitually uses profane or improper language; (

d) persistently disobeys school.rules;· (

e) wilfully disobeys the principal or a teacher; (

f) behaves in open opposition to the principal or a teacher or his behaviour has a harmful effect on the character or person of other pupils; (

g) is addicted to any vice or practice likely to injuriously affect the character or person of other pupil s. the principal may suspend the pupil. Reasons for Suspension Where a principal suspends a pupil pursuant to Reports

section 39. he shall forthwith make a report in writing to his Regional Superintendent stating the reasons for the suspension and transmit copies of the report to the parent of the pupil and. where there 1s a school committee for the school. to the school committee. The parent of a pupil who has been suspended. or where Appeal there is no parent~ the pupil may. within ten days of the suspension. or at any time during the suspension. appeal by notice in writing to the Regional Superintendent. On receipt of the notice of appeal mentioned in

section Time for 41. the Regional Superintendent shall forthwith arrange Appeal to hear the appeal within two weeks and (

a) where there is a school committee. the provisions of sections 43 to 48 shall apply; and (

b) where there is no school committee. the provisions of sections 49 to 51 shall apply. Where there is a school committee. the Regional Procedure Superintendent shall sit together with the school committee and consi~er the matter and shall give the principal. the pupil and his parent an opportunity to make representations. orally or in writfng. either personally. or by counsel or agent. but the committee and the Regional Superintendent shall not be bound by the rules of evidence applicable to the courts.

Where the Regional Superintendent and the school committee Result of agree. they shall make a joint recommendation to the Appeal principal. who shall carry out the terms of the recommenda ti on. Where the Regional Superintendent and school committee Report to do not agree on the recommendation to be made. the Superintendent Regional Superintendent and the school committee shall transmit to the Superintendent their respective recommendations. On receipt of the recommendations mentioned 1n

section 45. Further the Superintendent shall investigate the matter and shall Appeal give the parties an opportunity to maKe representations orally. or in writing. either personally or by counsel or agent. - 41 -

Superintend-47.(1) ent's Decision' Final Who may 48.

(1) Appeal Procedure 49.

(1) Result 50.

(1) Procedure 51.

(1) School 52.

(1) Board lnterpret- 53.(1) ation Pupil

(2) Records Privileged Parent or

(3) Pupil may Examine Record SchooZ Chp. 14 After considering the matter. the Superintendent shall render a decision, in writing. to all persons concerned 1n the matter. and his decision shall be final and the principal and the pupil shall be bound by the decision. A pupil's parent or a principal may. within ten days of the receipt of the recommendation of the Regional Superintendent and the school committee pursuant to

section 44. appeal the recommendation by notice in writing to the Superintendent. and the provisions of sections 46 and 47 shall apply mutatis mutandis. Where there is no school committee. the Regional Superintendent shall consider the matter and shall give the pupil's parent and the principal an opportunity to make representations, orally or in \'/riting. either personally, or by counsel or agent. but the Regional Superintendent shall not be bound by the rules of evidence applicable to the courts.

After considering the matter, the Regional Superintendent shall make a recommendation to,the principal who shall carry out the terms of the recommendation. A pupil's parent or a principal may. within ten days of the receipt of " the recommendation of the Regional Superintendent pursuant to

section 50. appeal the "recommendation by notice in writing to the Superintendent, and the provisions of sections 46 and 47 shall apply mutatis mutandis. Where there is a school board. the provisions of sections 40 to 51 in relation to a school committee shall apply to the school board mutatis mutandis~ In this section: "pupil" includes a former pupil; "record" means a record maintained or retained in respect of a pupil by the principal of a school or the Superincendent. (

a) Except as provided by this section, a record is privileged for the information and use of persons appointed pursuant to this Ordinance and the principal and teachers of the school. and is not available to any other person. (

b) Except as provided by this

section and subsection 29(5). a record is not admissable evidence for any purpose in any trial. inquest, inquiry, examination, hearing or other proceedings, except to prove the establishment, maintenance. retention or transfer of the record," without the written permission of the parent of the pupil or, where the pupil has attained the age of nineteen years, the written permission of the pupil. (

a) A pupil who has reached the age of nineteen years is entitled to examine the record kept in respect of himself. " (

b) Where a pupil has not attained the age of nineteen years. the parent of such pupil is entitled to examine the record of that pupil. - 42 -

(4 ) (5) (6) (7) (8) (9) (10) 54. (l) . School, Chp. 14 Where, in the opinion of a pupil who has attained the age of nineteen years, or of the parent of a pupil who has not attained such age, information recorded upon the record of the pupil is (

a) inaccurately recorded. or (

b) not conducive to the improvement of instruction of the pupil. the pupil or his parent as the case may be, may in writing, request the principal to correct the alleged inaccuracy in. or to remove the impugned information from such record. Where the principal refuses to comply with a request under subsection (4) and the pupil or parent who made the request does not agree with such refusal. the matter in disagreement may be referred by either party to the Regional Superintendent who shall forthwith submit the record and a statement of the disagreement to the Superintendent.

After affording the principal and the pupil or parent Who made the request an opportunity to be heard, the Superintendent shall decide the matter and communicate the decision to the parties concerned and his decision is binding upon all parties. Where a written request is made by a pupil or his parent. the principal, the Regional Superintendent or the Superintendent may use the record of the pupil to assist in the preparation of a report for the pupil in respect of an application for further education or for employment. No action shall be brought against any person in respect of the content of a record.

Except where the record has been introduced in evidence as provided in this section, no person shall be required in any trial or other proceeding to give evidence in respect of the content of a record. Correction of Record Dispute Decision of Superintendent Final Use for Benefit of Pupil Action Stayed Record Privileged Except as permitted under this section, every person shall preserve secrecy iri respect of the content of a record which comes to his kqowledge in the course of his duties Secrecy . Required or employment and no such person shall communicate any such knowledge to any other person except (

a) as may be required in the performance of his duties; (

b) with the written consent of the parent of the pupil where the pupil has not attained the age of nineteen years. or (

c) with the written consent of the pupil where the pupil has attained the age of nineteen years.

PART V SCHOOL COMMITTEES Election Procedures Where the Commissioner receives a petition in the prescribed Establishment form signed by not less than ten persoQs living in the of School school attendance area of a Territorial school who would. Committee - 43 -

School Chp. 14 if a school committee were established, be entitled to vote at an election for the members of the school committee, the Commissioner shall. by order, establish a school committee for that Territorial School.

(2) The number of members of a school committee shall be determined in accordance with the regulations. Initial 55.

(1) Procedure Nomination 56.(1) of Candi- dates

(2) Eligibility.

(3) Eligibility (4) of Voters Where the Commissioner has established a school committee pursuant to subsection 54(1). he shall appoint a person who shall: (

a) arrange for a public meeting to be held within the school attendance area; (b) .not less than ten days prior to the date of the meeting post in four conspicuous places within the school attendance area or advertise in the community. a notice of the public meeting; (

c) preside over the meeting and explain the functions. duties and powers of the school committee; (

d) at the meeting explain the nomination and election procedures to be followed in the election of the first school committee; (

e) accept nominations for membership on the first school committee at the meeting, or for a period of five days immediately following the meeting; (

f) if the number of nominations for membership on the school com~ittee does not exceed the number of members to be elected pursuant to SUbsection (2). declare the persons nominated to be elected; . (g) . ,arrange ·for an election meeting. to be held not less than twenty-one days after t~e date of the meeting mentioned in paragraph (l)(

a) within the school attendance area; . (

h) not less than ten days prior to the date of the election meeting post in four conspicuous places within the school attendance area or advertise in the commUl, i ty, (

i) a notice of the election meeting; and (ii) a list of the candidates. (

i) preside over the election meeting. act as returning officer and report the results of the election to the Commissioner. Every nomination of a candidate for election as a member of a school committee. shall be signed by the candidate. and at least two eligible voters of the school attendance area and delivered to the person appointed to act as returni ng offi cer. A list of the candidates who have been nominated p~rsuant to subsection (1) shall be posted at the election meeting.

Every person who is a Canadian citizen or landed immigrant pursuant to the Immigration Act~ who has attained the age of nineteen years and who has continuously resided in the attendance area for a period of twelve months immediately preceding the date of nomination, shall be eligible to become a member of a school committee. Every person who has attained the age of nineteen years - 44 -

(5) (6) (7)

(8) School .. Chp. 14 and who has continuously resided in the attendance area for a period of twelve months immediately preceding the date of the election shall be eligible to vote at an election of a school committee. The election of members of a school committee shall be by secret ballot. No teacner or other person employed in a school may be a member of the school committee of the school in which he is employed. Each committee member shall be elected to hold office for two years from t.he time of his election.

Notwithstanding subsection (7), not less than half of the committee members elected at the first election of a school committee shall hold office for one year from the time of their election.

(9) The members who shall retire pursuant to subsection (8) shall be those members obtaining the least number of 57. (1) (2) 58. (1) votes at the election and. in any case, where the number of votes is equal or candidates are chosen by acclamation. the members to retire shall be chosen by casting lots. Except as provided in subsection (2), a person who votes at an election or a by-election for the school committee of a school in the attendance area in which he resides, is not entitled to vote at an election or by-election for a schbo1 committee of any other school within that attendance area.

A parent who has children attending more than one school . may vote at the election of the committee for each school at which he has a child attending. At their first meeting the members of a school committee shall designate one of the members to be chairman of the committee.

(2) If the chairman is unable to act by reason of absence or incapacity, the members shall choose one of their number to exercise the powers land functions of the chairman. 59. (

l) A majority of the members of the committee constitutes a quorum.

(2) The chairman shall vote on any matter coming before the Committee, and in the case of an equa1itY'of votes, 60. (1) the question shall be deemed to have been defeated. The committee shall meet not less than four times during the school year. and at least once every three months.

(2) The committee shall hold its first meeting within one month after the election meeting mentioned in paragraph 55{1)(

g) or subsection 67(1). (3) 61. (1 ) Where the school committee has failed to meet for one year as provided by this section. the Commissioner may revoke the order establishing the school committee. The chairman shall keep or cause to be kept minutes of 'all meetings. - 45 - Secret Ballot Ineligibility Two Year Term of Office Exception for First Committee Voting Restricted Exception Chairman of Committee Quorum Obligatory . Meetings Penalty for Failure Minutes

Absence School' Chp. 14

(2) The chairman shall send a copy of the minutes of every meeting to the Regional Superintendent within fourteen days of every meeting. 62. (

l) A person is not qualified to remain a member of a school committee if he is absent from two consecutive regular meetings of the committee. except by leave of the committee. . Represent- 63. (1) ative Each school committee shall choose a representative to attend meetings called by the Superintendent pursuant to subsection (2). Meetings Annual General Meeting (2) 64.

(1) The Superintendent shall convene a meeting of the representatives from each school committee at least once each school year and at the meeting the representatives may: (

a) discuss the Superintendent's Annual Report; (

b) advise generally on the operation of education programmes in the Territory; and (

c) consider and discuss any report, plans or proposals placed before them by the Superintendent. A public annual general meeting in each school attendance area shall be held in April or May of each year.

(2) The school committee shall fix the time and place of the.public annual general meeting and give notice thereof by posting notices in four conspicuous places in the attendance area, or by advertising in the community. Chairman 65. (1 ) The chairman of the school committee'shall be the' chairman of the public annual general meeting, and in his absence, the school committee shall appoint one of its members to act as chairman. Annual 66 • (1 ) Report Election 67.

(1) Meeting (2 ) (3) (4)

(5) At the public annual general meeting, the school committee shall present a report of its activities during the school year and the meeting may pass resolutions for the guidance of the school committee. The election of members of the school committee shall be held at a meeting called by the outgoing chairman of the school committee and shall be held annually during the month of September or October. The school committee shall appoint a returning officer and scruitineer to carry out an election.

Not less than fourteen days notice of an election 'meeting shall be given by posting a notice of the meeting in four conspicuous places in the attendance area or by advertising in the community, and the notice shall call for nominations of candidates for membership of the school committee. Nominations may be accepted by the returning officer at any time prior to the time of an election. If the number of nominations for membership on the - 46 -

(6 ) School Chp. 14 school committee does not exceed the number of members to be elected, the returning officer shall declare the persons nominated to be elected. An election shall be carried out in accordance with the provisions of

section 56.

(7) A member of the committee is eligible to be re-elected.

(8) The returning officer and scruitineer shall be responsible for the issuing of ballots at an election meeting to persons eligible to vote.

(9) Immediately after the election the returning officer shall (

a) examine the ballots and add up the votes polled for each candidate~ (

b) prepare a statement of election returns setting out the total number of votes received by each candidate; (

c) publicly declare the candidates for the vacant offices having the highest number of votes to be duly elected; and (

d) transmit the results of the election to the ::iuperintendent. "

(10) When a tie occurs in the election the returning officer shall break the tie by casting lots.

(11) In any dispute respecting the conduct of an election, the decision of the returning officer shall be final. 68.

(1) Where a vacancy occurs on a"school committee, the school committee shall, \'Iithin one month, call a meeting of the persons residing in the school attendance area for the purpose of holding a by-election to fill the vacancy. .

(2) A by-election to fill a vacancy shall be conducted in the same manner as a regular electiori of members of a school committee. 69. (1) 70. (1) 71.(1) 72. (1) ~jhere there is no candi date for the vacant offi ce mentioned in subsection 68(1), or where for any other reason the vacant office is not filled by a by-election, the" school committee may appoint a per~on to fill the vacancy or, where there is no quorum of the school committee, the Superintendent may appoint a person to fill the vacancy.

A person elected or appointed to fill the vacancy mentioned in subsection 68(1), shall serve for the balance of the term of office of the school committee to \'Ihich he is elected or appointed. Every person elected or appointed as a member of a school committee shall, before assuming office. take and subscribe to the prescribed oath before a person qualified to administer oaths. Duties A School Committee may: (

a) advise the Regional Superintendent respecting the appointment of the principal of the school; -47 - Proc~dures By-Election Appointment to fill Vacancy Term of­ Office Oath of Office Duties and Powers

Saving of Reports Pupil Represent­ ative . (2)

(3) School (

b) advise the Regional Superintendent on all educational matters affecting the school; Chp. 14 (

c) pursuant to

section 44, make recommendations to the principal respecting the suspension of students; . (

d) pursuant to

section 45, make reconmendations to the Superintendent respecting the suspension of students; (e) (

i) request the Regional Superintendent to evaluate the performance of a teacher in the school; and (ii) request the Regional Superintendent to prepare a report on the operation of the school; (

f) discuss with the Regional Superintendent any report made by him pursuant to paragraph (e); (

g) meet with the principal and the Regional Superintendent to discuss the annual reports of the principal and the Superintendent; (

h) in consultation with the principal, determine the disposition of the three non-instructional school days refer~ed to in

section 109; (

i) approve the allocation of school days for extra­ curricular activities; (

j) after consultation with the principal, request the Superintendent to author~ze a course of study or modification of a course of study or a textbook or other instructional material or apparatus for a specified period of time; (

k) advise the principal on tIle hours of pupil attendance and on the duration of any recesses or intermissions; (1) discuss with the principal and the Regional Superintendent alterations and additions to the physical facilities of.the school; (

m) discuss with the principal and the Regional Superintendent how funds allocated to the school may be spent; (

n) discuss with the principal and the Regional Superintendent the initiation and application of local educational policies; (0) request the principal or the Regional Superintendent to attend a meeting of the committee; (

p) request the Superintendent to provide clerical assistance to the committee as required; (

q) make recommendations to the principal regarding student dress for the school. A school committee is not entitled to retain a copy of any report made by the Regional Superintendent pursuant to subparagraph (l)(e)(i). A school committee may request the pupils of a school to select a representative from amongst their number and the school committee may request such representative to attend meetings of the school committee from time to time other than a meeting called to discuss a report made pursuant to paragraph (l)(

e) or subparagraph 20(1)(g)(i). - 48 -

73.(l} Schoo~ .

PART VI TEACHERS Duties Chp. 11 Every teacher shall: (

a) encourage his pupils in the pursuit of learning and teach them diligently and faithfully; (b) (c) (d) (e) (t) (g) (h) ( i ) (j) (k) (1) (

m) report on the progress and attendance of his pupils to the parents of his pupils in accordance with the regulations; as required by the principal, maintain order and discipline ~Ihile on duty in the school, on the playground and at school functions; keep such registers and attendance records as may be required by the Superintendent; maintain records and complete returns and forms required by the Superintendent; observe the rules of the school to which he is assigned; . notify the principal of his absence from the school and the reason therefor; verify by affi davit any return made by him when required to do so by the Superintendent; report promptly to the principal the apparent outbreak of any contagious or infectious disease in the school, or an insanitary condition of the school building or surroundings; admit to his classroom, for the purpose of observing tuition, the parent of a child enrolled in his class; upon the direction of the Superintendent admit student teachers and their instructors to his classroom. for the purpose of observing tuition and practising teaching, and, without additional remuneration or salary, render assistance to the student teach~rs, and submit repo~ts on the teaching ability of the student teachers; perform such other related duties as may be required by his principal; and be entitled to examine any record maintained or retained in respect of him by the Superintendent or the Director of Personnel in the presence of a personnel officer or any person appointed pursuant to subsection 9(1}.

(2) Any registers or records kept pursuant to paragraph (l)(

d) may be inspected at any time by the Superintendent or by any person authorized by the Superintendent. 74. (l) 75. (

l) Certificate of Qualification Every teacher is required to hold a valid and subsisting Certificate of Qualification issued pursuant to the regulations. Where a teacher is employed pursuant to

section 11. he shall furnish to the Registrar all material relevant to his qualifications and experience and shall provide such evidence in relation thereto as the Registrar may require. - 49 - Duties of Teachers Certificate of Qualifi­ cation Relevant Material

Issue of 76.

(1) Certificate Grade of

(2) Certificate Teacher 77 . (1 ). Qualification Board Decides Category of Certificate Provisional

(2) Assignment of Category Teacher Paid 78.(1) by Category Notice of 79.

(1) Resignation . Chp. I4 On receipt.of the material mentioned in

section 75, the Registrar shall transmit the material to the Superintendent for a decision in respect of the grade of Certificate of Qualification to be issued to the teacher. The Superintendent shall evaluate the material supplied to him and, where the teacher is eligible, issue a Certificate of Qualification to the teacher and specify the grade of Certificate to be issued. Where the Superintendent issues a Certificate of Qualification to a teacher, the Registrar shall forthwith refer the material mentioned in

section 75 to the Teacher Qualification Board for a decision in respect of the category of Certificate of Qualification to be assigned to the teacher. Pending the decision of the Teacher Qualification Board, the Registrar shall provisionally assign a category of Certificate of Qualificatio~ to the teacher, and the teacher shall be paid in accordance with the provisionally assigned category of Certificate of Qualification until the ma tter ha's otherwi se been determi ned by the Teac her Qualification Board.

The Teacher Qualification Board shall have the jurisdiction to assign to a teacher a category of Certificate of Qualification and the teacher shall be paid in accordance with that category. Termination A teacher who wishes to resign shall give the Superintendent or a Board not less than thirty days' notice in writing. .

(2) Notice of resignation may not be given to the Superintendent or a Board by a teacher between June 1 and September 1 of any year . .

(3) Notwithstanding subsection (2) the Superintendent or Board may because of special circumstances permit a teacher who submits a written request to resign between June 1 and September 1 of any year. Probation Two Years 80.

(1) A teacher employed pursuant to' this Ordinance is on probation for two years from the date of commencement of his employment. Probation Termination

(2) The employment of a teacher on probation may be terminated by (

a) the Commissioner, on the recommendation of the Superintendent; or Cb) a Board - 50 -

(3 ) 81.

(1) Sahool, Chp. I4 by giving him not less than thirty days' notice in writing. If a teacher on probation does not receive notice in writing from the Commissioner or a Board, of the termination of his employment prior to May 31st of the second school year of his employment, his appointment shall be a continuing one. A teacher on probation whose employment has been tenninated pursuant to subsection 80(2), and \'/ho moves from hi s place of employment in .the Terri tory to another location, shall, subject to this section, be pa id hi s movi ng expenses in accordance with the employer's policy on moving expenses.

(2) In order to qualify for the payment of moving expenses pursuant to this section, a teacher (

a) must have received moving expenses upon initial hire; (

b) must move from his place of employment within the Territory to his new location within two months of his termination; and (

c) must furnish satisfactory evidence of the moving expenses incurred.

(3) Moving expenses paid pursuant to this

section shall not be payable in respect of a distance greater than the distance from the teacher's original point of hire to his place of employment in the Territory.

(4) Where moving expenses are paid to· a teacher pursuant to this section, no further moving expenses shall be paid to the teacher.

(5) Where a teacher is moving to another location to take up employment and his moving expenses are payable by his new employer, no moving expenses shall be paid to the teacher pursuant to this section. 82. (l)

(2) Suspension and Dismissal A Regional Superintendent or aBoard may suspend a· teacher: (

a) for misconduct, neglect of duties, or refusal or neglect to obey a lawful order; (b) \'Jhere the teacher is incapable of performing his duties; (

c) where the teacher is unsatisfactory in performing his duties; (

d) where the teacher has been charged with a criminal offence and the circumstances thereby created render it inadvisable for him to continue his duties. Where a Regional Superintendent or a.Board suspends a teacher pursuant to subsection (1), the teacher and the Superintendent shall forthwith be notified in writing of the suspension and the reason therefor. - 51 - Change to Continuing Appointment Rights of Terminated Probationers Reasons for Suspension or Dismissal Notification

Right of

(3) Bargaining Agent Recommendation (4) for Dismissal Appeal to B3.

(1) Superintend- ent First

(2) Decision Stands if no Appeal School Chp. I4. An employee in the bargaining unit who is suspended pursuant to subsection (1) may request an interview with the Regional Superintendent and may be accompanied by his bargaining agent. A Regional Superintendent or a Board who suspends a teacher may make a recommendation for dismissal. A teacher who is suspended by a Regional Superintendent or a Board pursuant to subsection B2(l), may appeal the suspension to the Superintendent by written notice not later than two weeks from the date of suspension.

If no appeal· is submitted within two \'1eeks with respect to the suspension imposed pursuant to subsection B2(l), the decision of the Regional Superintendent or the Board shall be final and binding.

(3) Where a recommendation for dismissal has been made in conjunction with a suspension and where no appeal has been made pursuant to subsection (1), the Superintendent may ·recommend to the Commissioner that the teacher be dismissed.

Teacher to 84. (1 ) be Heard Powers of (2) , Superintend- ent on Appeal Where the Superintendent receives an appeal pursuant to. subsection 83(1), he shall investigate the matter and give the teacher an opportunity, within two weeks .of receipt of the appeal, to make representations orally or in writing either personally or by Counsel or agent, or with his consent his bargaining agent.

Where the Superintendent, after carrying out the provisions of subsection (1) is ~atisfied that the suspension of the teacher was warranted, he may confirm or modify the order of suspension and, where the suspension was accompanied by a recommendation for dismissal, the Superintendent may recommend to the Commissioner that the teacher be dismissed.

(3) Where the Superintendent is satisfied that the reason for the suspension is unwarranted, he shall: Time limit 85. (1) for Decision Commissioner 86.

(1) Bound by' Decision . Appeal to . 87.

(1) Adjudicator (

a) terminate or revoke the order of suspension; (

b) reprimand the teacher in writing; or (

c) take other appropriate action. Not later than blO weeks after carrying out the provisions of subsection 84(1), the Superintendent shall notify the teacher and the Regional Superintendent or the Board in writing of his decision. Where the Superintendent recommends the dismissal of a teacher to the Commissioner or the Board, the Commissioner or the Board shall forthwith dismiss the teacher and the teacher thereupon ceases to be an employee with effect from the date fixed for dismissal • A teacher who is an employee within the meaning of

section 118 may, within two weeks of receipt of the decision of the Superintendent. appeal the decision to - 52 -

School. Chp. I4 an adjudicator appointed by the Chairman of the Yukon Teachers Staff Relations Board and the decision of the adjudicator thereon shall be final and binding. (2) ~Jhere an appeal is made pursuant to subsection (1). the provisions of sections 182 to.196 shall apply. 88.(1) 89. (1 ) (2) 90. (1) (2) 91. (1) 92. (1) 93. (1 ) On receipt of the decision of the adjudicator, the Commissioner shall take any action necessary to implement the decision •.

A teacher shall not be entitled to be paid his salary for the period for \'/hich he is under suspension but the Commissioner or the Board may make an allowance not exceeding one half of the amount of his salary to a teacher \·sho has been suspended \·lith a recommendation for dismissal. Where the original order of suspension is revoked. the teacher shall be entitled to be paid his full salary' during the period of suspension, less the amount of any allowance which may have been paid to him during that period. Where a tercher suspended pursuant to paragraph 82(1)(

d) is acquitted of the charge in respect of which he was sllspended, the Superintendent or the Board shall reinstate him after the expiry of the appeal period or the expiry of the period for appeal from the last court from \'/hich the appeal from the acquittal is taken and in which he is acquitted. whichever is the later. Where the teacher suspended pursuant to paragraph 82(1)(

d) is convicted of the charge in respect of which he was suspended, the Commissioner or the Board may dismiss him after the expiry of the appeal period or after the expiry of the period for appealing from the last court to which appeal from conviction is taken and in which he is convicted. whichever is the later.

Adjudicator's Deci'Sion to be Implemented Half Salary During Suspension Full Salary if Suspension Terminated Reinstatement on Acquittal Dismissal on Conviction Notwithstanding sections 83.85 and 87, time limits Extensions regulating the processing of decisions and appeal may of Time be extended. by mutual agreement between the Superintendent and the teacher.

Abandonment Where a teacher is absent from duty without leave for Abandonment a period in excess of five consecutive instructional days, he may by notice in writing be declared by the Superintendent or a Board to have abandoned his position and thereupon the teacher cca ses to bean employee. Lay-Off At the end of any school year. the Superintendent or a Board may lay-off a teacher where: (

a) there is a decrease in the enrolment of pupilsi - 53 - Conditions for Lay-Off

Sohoo~ CIrp. I4 (

b) a school. classroom or "instructional department ;s crosed and instruction therein is discontinuedi or (

c) an instructional programme is discontinued.

(2) A teacher shall be entitled to not less than sixty days; notice of a lay-off. Lay-off not 94.

(1) Employee" Re-employment (2") without Competition One year's (3) Re-eligibility Priority of

(4) Consideration Merit

(5) Order Re-employment (6) in Merit Order Termination (7) of Rights Rights of 95.

(1) Lay-Off Limitation 96.(1) on Rights" A teacher \,Iho is laid off in accordance with subsection 93(1). ceases to be an employee. The Superintendent or a Board may. \'Iithout competition. re-employ a lay-off as a teacher. A lay-off is eligible, for a period of six months. or such longer period not exceeding one year after he was laid off. as the Superintendent or the Board may determine to be re-employed as a teacher. A lay-off shall be considered for re-employment as a teacher in priority to all bther qualified persons and in priority to all other persons who became lay-offs at ~n earlier time.

Where teachers are to be laid off and there are other teachers who hold similar qualifications, the Superintendent or a Board shall, after considering such material and conducting such examinations, tests, interviews and investigations as are considered necessary. list the teachers in order of thei r merit. commenc i ng "/ith the teacher with the greatest merit and the teachers shall be laid off in order beginning with the teacher with the least merit. ~Jhere two or more teachers \'Iere 1 a id off at the same time and the Superintendent or the Board intends to make an appointment from amongst these lay-offs, the Superintendent or the Board shall first consider for appointment the teacher with the greatest merit according to the list mentioned in subsection (5).

A person ceases to be a lay-off if: (

a) he is re-employed as a teacher; (

b) he is not re-employed as a teacher within a year from the da te on wh ic h he became a 1 ay-off; or (

c) he declines re~employment as a teacher. A lay-off who has been laid off pursuant to subsection 93(1). and \'/ho moves from his-place of employment in the Territory to another location shall. subject to this section, be paid his moving expenses in accordance with the employer's policy on moving expenses upon furnishing satisfactory evidence of the expenses incurred. In order to qualify for the payment of moving expenses pursuant to

section 95, a lay-off (~) mu~ have received moving expenses upon initial hire; - 54 -

Schoot Chp. I4 (

b) must move from his place of employment within the Territory to his net'/ location within two months of his lay-off; and (

c) must furnish satisfactory ~v1dence of the moving expenses incurred. (2) ~'oving expenses paid pursuant to

section 95 shall not be payable in respect of a distance greater than the distance from the lay-off's original point of hire to his place of employment in the Territory.

(3) Hhere moving ex.penses are paid pursuant to

section 95. no further moving expenses shall be paid to the .lay-off. (4) ~Ihere a teacher is moving to another location to take up employment and his moving expenses are payable by his new employer no moving expenses shall be paid to the teacher pursuant to this section. 97. (1) 98.

(1) Retirement No teacher shall be engaged or regularly employed in any school in the Territory beyond the end of the school year during \'/hich he attains the prescribed obligatory retir~ment age. Political Office A teacher shall not become a candidate for election as a member of the House of Commons or the Council of the Yukon Territory without first obtaining leave of absence, without pay, pursuant to subsection (2).

(2) The Commissioner shall, where operational requirements permit, grant 'leave of absence without pay to a teacher (

a) to seek nomination as a candidate, or (

b) to be a candidate for election as a member of the House of Commons or the Council of the Yukon Territo~y for a period ending on the day on which the results of the elections are officially declared or on an earlier day as may be requested by the teacher if he has ceased to be a candidate.

(3) A teacher who becomes a candidate for· election as a member of the House of Commons or the Council of the Yukon Territory \·dthout having been granted leave of absence without pay by the Commissioner pursuant to (4) 99. Cl) 'subsection (2), shall be dismissed. A teacher becomes a candidate pursuant to subsection (3) when nomination papers nominating him as a candidate are filed "lith the returning officer. A teacher who is elected as a member of the House of Commons or the Council of the Yukon Territory shall be deemed to have resigned his appointment as a·teacher from the date of his election. - 55. - .1 Retirment at 65 Pdlitical Leave When a Candidate Successful Candidate to Resign

Resulating 100.

(1) Casual Employment (2) lnter- 101.(1) pretation Teacher 102.

(1) Qualification Bnard " Established Supcrintcnd- (2) cnt to be Chail~an

(3) Teachers Association RcpJ:"cGcntative Teachers (4) :·>~:!.~·fiibility T~~ure

(5) I!::!etings

(6) Absence of

(7) Substitute

(8) Ap!= ,")~.ntr!cnts Rules

(9) Quoru~

(10) Power 103.(1) of Doar.d School Chp. I4 Temporary Fmplo}ment The Commjssioner may make re~ulations providing for the selection, appointment, conditions of employment and remuneration of teachers and other persons per­ forming duties of a casual. pilrt-time or seasonal nature. A person \'Iho is employed for a specified period pursuant to subsection (1), ceases to be employed at the expiration of that period •. Teacher Qualification Board In sections 102 to 106, "Board" means the Teacher Qualification Board. There shall be a Board consisting of a Chairman and t\"IO members to be apPointed by the Commi ssioner pursuant to this