Yukon Ordinances, 1970 — Ordinance respecting Cooperative Associations 1 2. An Ordinance to Prov; An Ordinance to Repeal the National Housing Act

Yukon Ord. 1970

Yukon — Historical Statutes

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1970

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1970 FIRST SESSION

INDEX ORDINANCES PASSED - 1970 (FIRST SESSION) Chap. Name Page 1. An Ordinance Respecting Cooperative Associations 1 2. An Ordinance to Provide for the Welfare of Children 21 3. An Ordinance to Provide for Government Control and Sale of Alcoholic Liquors 58 4. An Ordinance to Amend the Labour Standards Ordinance . . . . . . . . . . . . . . . . . . . . 93 5. An Ordinance to Amend the Motor Vehicles Ordinance 95 6. An Ordinance to Amend the Municipal Ordinance ... 104 7. An Ordinance to Amend an Ordinance Respecting the Reciprocal Enforcement of Maintenance Orders 108 8.

An Ordinance to Amend the Securities Ordinance 112 9. An Ordina,nce to Amend the Workmen's Compensation Ordinance .... . . . . . . . . . . . 113 10. An Ordinance Respecting a Financial Agreement between the (i()vernment of the Yukon Territory and the Government of Canada ll6 11. An Ordinance for Granting to the Commissioner Certain Sums of Money to Defray the Expenses of the Public Service of the Territory .................. 120 12.

An Ordinance for Granting to the Commissioner Certain Sums of Money to Defray the Expenses of the Public Service of the Territory ............ 121 ORDINANCES PASSED - 1970 (SECOND SESSION) Chap. Name Page 1. An Ordinance respecting Employer and Employee Relations in the Public Service of the Yukon Territory 125 2. An Ordinance to Authorize the Commissioner of the Yukon Territory to Enter into and Execute an Agreement with the Government of Canada respecting Friendship Centres ... . . . . . . . . . . . . . . . . . . 175 3.

An Ordinance to Repeal an Ordinance for the In corporation of Co-operative Associations and to Pro- vide for their Regulation 176 4. An Ordinance to Amend an Ordinance Respecting Credit Unions 177 5. An Ordinance to Amend an Ordinance Respecting the Conservation of Game in the Yukon Territory .... 178 6. An Ordinance to Amend the Low Cost Housing Ordinance .. . . . . . . . . . . . . . . . . . 179 7. An Ordinance to Amend the Motor Vehicles Ordinance 180 8. An Ordinance to Amend the Public Service Ordinance 182

ORDINANCES PASSED - 1970 (SECOND SESSION)-Continued Chap. 9. 10. 11. 12.

Name An Ordinance to Authorize the Commissioner to Borrow a Sum not Exceeding One Hundred and Eighty Thousand Dollars from the Government of Canada in Order to Reimburse the Anvil Mining Corporation Limited for the Higher Cost of Townsite Development and to Authorize the Commissioner to E'nter into an Agreement with Canada relating thereto An Ordinance to Authorize the Commissioner to Borrow a Sum not Exceeding Four Hundred Thousand Dollars from the Government of Canada and to Authorize the Commissioner to Enter into an Agree ment with Canada related thereto An Ordinance to Authorize the Commissioner to Borrow a sUm not Exceeding Three Hundred and Fifty Thousand Dollars from the Government of Canada and to Authorize the Commissioner to Enter into an Agreement with Canada related thereto An Ordinance to Authorize the Commissioner to Borrow a Sum not Exceeding Four Hundred Thousand Dollars from the Government of Canada and to Authorize the Commissioner to enter into a·n Agree ment related thereto ORDINANCES PASSED - 1970 (THIRD SESSION) Page 188 190 192 194 Chap.

Name Page 1. An Ordinance Respecting Securities 197 2. An Ordinance to Incorporate the Village of Faro 224 3. An Ordinance to Enable the Commissioner to Transfer all the Streets and Lanes in the City of Whitehorse to the City of Whitehorse """",., 227 4. An Ordinance to Repeal the National Housing Act (Oanada) Second Mortgage Loan Agreement Ordi nance Authorizing the Commissioner to Borrow a Sum not Exceeding Four Hundred Thousand Dollars from the Government of Canada and to Authorize the Commissioner to Enter into an Agreement related thereto ' , , , , , , , , , , , , , , , , 231 5.

An Ordinance to Amend the Elections Ordinance 232 6. An Ordinance to Amend the Legal P.rofessions Ordinance 233 7. An Ordinance to Amend the Local Improvement District Ordinance " 234 8. An Ordinance to Amend the Tax'ation Ordinance 235

COOPERATIVE ASSOCIATIONS CHAP. 1

CHAPTER 1 AN ORDINANCE RESPECTING CO-OPERA TIVE ASSOCIATIONS (Assented to January 22, 1970) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1.. This Ordinance may be cited as the Co-opemtive ~rt~~~ Associations Ordinance.

INTERPRETATION. 2. In this Ordinance,

Definitions. (a) "association" means an association incor- "Associa tion" porated under this Ordinance; (b) "by-laws" mean the standard by-laws and "By-laws" the supplemental by-laws of the association; (c) (d) (e) "extraordinary resolution" means a resolu- "Extra- . db' - fIt h ordinary bon passe y a maJorlty 0 at eas t ree- resolution" fourths of the members present at a general meeting of the association duly called for that pur.pose for which not less than thirty days notice specifying the intention to pro- pose the resolution as an extraordinary reso- ]ution has been given; "member" means a person who is a mem- "Member" ber of an association pursuant to the by-laws of the association governing membershi-p, and includes a person who has subscribed to the memorandum of the association, and also in the case of an association having share capi- tal a s'hareholder of the association; "Registrar" means the Registrar of Co-opera- "Regislrar" tive Associations appointed by the Commis- sioner pursuant to

section 3; (f) "standard by-laws" means the by-laws pre- ~~~t1.n::.~d scribed by the Commi·ssioner pursuant to this Ordinance. 1

CHAP. 1 Registrar. Memora.n dum of Association. Slgna.tures required. Contents of memora.n dum of assocla tion. COOPERATIVE ASSOCIATIONS INCORPORATION. 3. The Commissioner may appoint a Registrar of Co operative Associations to carry out the duties set forth in this Ordinance. 4.

(1) Any five or more people who for the purpose of conducting and carrying on a co-operative undertaking, busi ness or industry desire to associate themselves together as a co-operative association with or without share capital shall sign in duplicate a memorandum of association and comply with the requirements of this Ordinance respect ing registration and incorporation of associations.

(2) The memorandum of association shall be signed by each applicant in the presence of a witness who shall attest the signature.

(3) The memorandum of association shall state (

a) the name of the association with the word "Co-operative" as part of its name and with "Limited" or "Ltd." as the last word in its name, the objects of the association 'and the place at which the registered office of the association is to ,be situated, and (b) .if there is share capital, the amount of each share and whether the shares are unlimited in number or of a fixed number, or if there is no -share capital, the terms of membership and the basis on which the interest of each member is to be determined. Documents

(4) The memorandum of association and two copies to be filed. of the standard by-laws signed by each subscriber to the memorandum of association shall ·be filed with the Regis trar together with the fee as determined by the Commis sioner pursuant to

section 34. Duties of

(5) Subject to

section 8, the Registrar may approve, the Reg- Istrar amend or reject the memorandum of association and by- laws or any part thereof, but 2 if the Registrar does not approve the memo randum or by-laws, he shall return them together with the fee referred to in subsec tion (4) to the applicants.

COOPERATIVE ASSOCIATIONS

(6) Upon receipt of the documents and fee referred to in subsection (5) and if the memorandum of association and 'by-laws appear to the Registrar to comply with this Ordinance, he shall register them and issue a certificate of incorporation. CHAP. 1 5.

(1) From the date of incorporation set out in the Certificate of certificate of incorporation, the subscribers to the memo- in 1 corpora-ton. randum of association and all such persons as thereafter become members of the association, become a body cor porate and politic under the registered name of the associa tion ·having perpetual succession and a common seal.

(2) A certificate of the Registrar is conclusive proof Certflcate • •• conclusive that all the requirements of the Ordmance m respect of proof. incorporation and registration and of matters precedent and incidental thereto have been complied with and that the association is duly registered under this Ordinance. 6. Upon the issue of a certificate of incorporation ~~~l;;o~_ the Registrar shall cause a notice of the incorporation to tlon. be published at the expense of ,the association in such manner and at such times and places as he deems advis- able. 7.

The memorandum of association and by-laws Memoran-dum a.nd are, upon registration, binding upon the association and ~r~~:: on members to the same extent as if the memorandum and all members. by-laws ·had been signed and sealed by each member and contained covenants binding each member, his heirs, execu- tors, administrators, and assigns to observe, subject to this Ordinance, all the provisions of the memorandum and the by-laws. 8. The Registrar shall not approve any memoran- Identical names. dum of association (

a) where the proposed name is identical with that by which another association has been registered or so nearly resembling it as to ·be likely to deceive the members or the pub lic, or 3

CHAP. 1 Restrlctlons on use of certain names. Change of name. Alteration of memoran dum by extra ordinary resolutlon. COOPERATIVE ASSOCIATIONS (

b) where the proposed name or part thereof includes any of the following words: "Imperial", "Crown", "King's", '"Queen's", "Royal", "Dominion", the name of any Province or Territory of Canada or words of similar import. 9.

(1) An association may by extraordinary resolution change its name, but the change of name does not affect any rights or obligations of the association or render de fective any legal 'proceedings by or against the association, and any legal proceedings that might have been continued or commenced against it by its former name may be con· tinued or commenced against it by its new name.

(2) An association may by extraordinary resolution amend or alter its memorandum of association but no extraordinary resolution shall ·have any force or effect until a copy thereof ·has been filed with and has been approved by the Registrar. OBJECTS OF ASSOCIATION. ~Sb~;;I~t1~~. 10.

(1) An association has, 'as ancillary and incidental to the object or objects set forth in the memorandum of association, the powers set out in

Schedule A, unless such powers or any of them are expressly excluded by thp. memorandum of association.

(2) An association accepting a deposit of money from a member shall keep such money in a trust account available to the member upon his demand. PROHIBITION. Loans to 11. No loan shall be made by an association to a members or directors. member or director unless the association is specifically Standard by-laws. empowered by extra-ordinary resolution to make such loans. BY·LAWS. 12.

(1) The Commissioner may from time to time pre scribe standard by-laws not inconsistent with this Ordin ance and any standard by-laws so prescribed shall be the by-laws of each association subject,however, to such modi- 4

COOPERATIVE ASSOCIATIONS fications or changes with respect to a particular association as may be made by supplemental by-laws of the associa tion. CHAP. 1

(2) An association may at an annual meeting or ~U::J..~ general meeting called for the purpose pass such supple- by-laws. mental by-laws as are deemed advisable by the associa- tion.

(3) The association may, by supplemental by-laws, Arltberatllon o y. aws. amend, alter or rescind any existing by-laws of the associa- tion.

(4) No supplemental by-law shall have any force or App~oval required. effect until a copy thereof has been filed with and approved by the Registrar. SHARES IN ASSOCIATION HAVING SHARE CAPITAL. 1.3.

(1) The capital of an association having share capi .. Shares. tal shall be divided into shares of such denomination as set out in the memorandum of association and may be changed from time to time by amendment of the memo randum.

(2) A share may be paid for by instalments at such ~aYta.mlent tbY inS men s. time and in such manner as may be specified in the by- laws, but no person may purchase at any time more than one share by the payment of instalments and no member is entitled to draw interest on more than the paid-up por tion of his share.

(3) The association has a lien on the shares of a Lien on shares. member for a debt due to the association by him and may set off a sum credited to that member in or towards pay ment of the debt.

(4) Shares are not transferable unless the by-laws Transfer. provide for their transfer.

(5) No application for a share shaH be accepted and Appllcatlon for shares. no allotment of a share is valid unless approved or author- ized by the directors.

(6) No assignment or transfer of a share is valid Approval of transfer. unless approved by the directors. 1.4.

(1) A member may nominate in writing any person ~~~~~~'fe~ not being an officer or servant of the association as the upon death. person to whom his shares shall be transferred upon his death, and he may revoke or vary the nomination froro time to time. 5

CHAP. 1 COOPERATIVE ASSOCIATIONS Record.

(2) Each association shall keep a book where thE-. names of persons nominated under subsection (1) shall be entered. Where

(3) Notwithstanding any provision in the by-laws of person nominated. the association providing that the shares of the association are not transferable, the shares affected by entry in the book mentioned in subsection (2) are transferable subject to subsection (4) to the person nominated to receive them.

(4) Upon receiving satisfactory proof of the death of a nominator, the directors at their option shall (

a) transfer the s'hares as directed by the nomi nator, or (

b) pay to the person entitled to the shares the full value of :his interest therein. Transfer

(5) If a member of an association entitled at his upon death of member. death to an interest in the association dies without :having made a nomination that remains unrevoked at his death, the interest shall be transferred or the value thereof paid, at the option of the directors, to or among the persons who are entitled thereto. MEMBERSHIP. Membership. 15.

(1) Subject to the provisions of this Ordinance, membership in an association is governed by the by-laws of the association. Transfer of membership.

(2) Every subscriber to the memorand4m of associa tion shall be deemed to have agreed to become a member of the association and shall, upon its registration, be entered upon the register of members.

(3) No person shall become a member of an associa tion until his application for membership has been approved by the directors and he has complied fully with the by-laws governing admission of members.

(4) Notwithstanding subsection (3), an application for shares in an association 'having a share capital con stitutes an application for membership and the allotment of a 81hare or shares to the applicant constitutes acceptance of the application.

(5) Membership in an association may be transferred but no transfer is valid unless authorized by the board of directors. 6

COOPERATIVE ASSOCIATIONS CHAP. 1

(6) Unless provision is made in the by-laws of the Minor, association to the contrary, a person of the age of sixteen years (

a) may be a member; (ob) in the case of an association 'having share capital, may ,be a s'hareholder; and (

c) may, subject to the 'by-Iaws of the associa tion, enjoy all the rights of a member or shareholder, as the case may be, and execute all -instruments and give all acquittances necessary to be executed or given under the by-laws.

(7) A co-operative association may obe a member of Co-operative may be another association. member,

(8) A member may -be expelled if he fails to comply Erxpulslobn , 0 mem er. with the provisions of this Ordinance or the by-laws of the association after a ;hearing 'by a two-thirds vote of the mem'bers present at a special general meeting called to consider the expulsion. ' LIABILITIES OF SHAREHOLDERS AND MEMBERS. 16.

(1) The liability of the s'hareholders of an association ~~~~,::!?n having share capital is limited so that n~~~ft~. (

a) no shareholder in an association is in any manner liable for or chargeable with the payment of a debt or deinand due by .the association 'beyond the amount remaining unpaid of the face value of his share or shares, and (

h) a shareholder having fully paid up the amount of his share or shares is absolved from all further lia:bility.

(2) The Hability of members of an association, other Limitation than shareholders of an association 'having share capital, ~~;.m~~ers· is limited so that (

a) no member is in any manner liable for or chargeable with the payment of a debt or demand due by the association beyond the amount due and unpaid with respect to the mem'bers'hip fees of such member, and 7

CHAP. 1 COOPERATIVE ASSOCIATIONS (

b) a member whose membership fees are paid in full is absolved from all further liability. MANAGEMENT AND ADMINISTRATION. ~f~ft'~!ered 17.

(1) An association shall have a registered office as designated in the memorandum of association at which place services may ;be made and notices sent. Register.

(2) The association shall keep a register or list of Inspection of register. Fiscal year. Number of directors. members which is prima facie proof in court of the par ticulars entered -therein relating to (

a) the names, addresses and occupations of the members, the number of shares held 'by them respectively, the numbers of such shares. if they are distinguished by numbers, and th.~ amount paid or considered as paid on any such shares; (

b) the date upon which the name of a person was entered ·in suc.h register or list as Cl member; and (

c) the date upon which such person ceased to be a member.

(3) The association shall allow a member to inspect the s·hare or membership register of the association at reasonable times during business hours at the head office of the association, or place where ,the same is kept, subject to such regulations as to the time and manner of inspec tion as may be made from time to time by the association in general meetings. 18. Unless another period is prescribed ,by the by laws of the association, the fiscal year of an association shall begin on the first day of January in each year and end on the thirty-first day of December next following. DIRECTORS. 19.

(1) Where the number of members in an association is less than ten, there shall be three directors.

(2) Where the number of members in an association is ten or more there shall be a minimum of five directors. 8

COOPERATIVE ASSOCIATIONS CHAP. 1 ,. i~l~ti~. 20.

(1) The directors of an association shall be elected ~iiict:g~.or by ballot at an election held on the day and in the manner designated in the by-laws, and shall hold oUice for a period as provided in the by-laws.

(2) If the election of directors is not held on the day designated in the by-laws of the association, an election shall be ·held on another day and all acts of the directors before their successors are elected, unless otherwise invalid, are valid and binding.

(3) All acts of the directors are valid notwithstand- Ad.ctstor lrec ors ing any defect in their appointment, election or qualifica- mild. tions.

(4) If a director is elected at the first general meet- Directors to be members. ing who is not a member of the association at the time of his election, and he fails to become a member within two months from the date of 'his election, ·he shall cease to be a director.

(5) No person who is not a member of the associa- qualltlca tion shall, after the first general meeting, be elected or lion. appointed director and the election or appointment as a director of a person not a member is void.

(6) W'hen a vacancy appears on the board of direc- Vacancy on tors, the remaining directors may appoint a member of hoa.rd. the association as a director, who shall then hold office until the next general meeting of the association.

(7) The d.irectors shall have the general direction and General .. f h ff' db' f th .. pawBrs ot SUperVISIOn 0 tea aIrs an usmess 0 e aSSOCIatIOn. directors.

(8) Meetings of the directors shall ·be held at least Meetings of directors. once every three months.

(9) No member or shareholder under the age of Minors. eighteen years shall be a director, manager or treasurer of the association. MEETINGS OF ASSOCIATIONS. 21.

(1) T·he first general meeting of an association shall Meetings. be held within three months from the date of incorpora- tion and thereafter a general meeting shall be held annually at such time and place as is prescribed by the by-laws.

(2) Special general meetings of the association may Special meetings. be called at other times as ·prescribed by the by-laws. 9

CHAP. 1 Votes. ProxIes. Contracts. COOPERATIVE ASSOCIATIONS

(3) At meetings of the association, (

a) a member shall :have one vote only regardless of the number of shares held by him, and (

b) no member may vote by proxy except where provision is made in the by-laws for repre sentation by delegates. CONTRACTS. 22.

(1) Contracts on behalf of an association may be made as follows: (

a) any contract which if made between private persons would 'by law be required to be in writing and under seal may be made on be half of the association in writing under the common seal of the association and may in the same manner be varied or discharged; (

b) any contract which if made between pl'livate persons would ·by law be required to 'be in writing signed 'by the parties thereto may be made on behalf of the association in writ ing signed by any person acting under its authority, express or implied, and may in the same manner be varied or discharged; and (

c) any contract which if made between private persons would by law be valid although made 'by parol only and not reduced into writing, may 'be made by parol on 'behalf of the as sociation by any person acting under its authority, express or implied, and may in the same manner be varied or discharged. ~~i~:~~~

(2) The association may make marketing contracts with any of its members or any group or class of its mem bers requiring them to sell for a period of time, not over f.ive years, all or any part of their products specified in the contracts exclusively to or through the association or any agency created or indicated by the association.

(3) Where a member of an association having en tered into a marketing contract with the association does not within twelve months of the date of a contract make delivery of the products or commodities which :he is re- 10

COOPERATIVE ASSOCIATIONS quired by the contract to deliver, he may be excluded from membership in the association in accordance with subsec tion (8) of

section 15. CREDIT. CHAP. 1 23.

(1) An association may authorize by by-law the hor- BorrowIng rowing of money from its members for definite ,per-iocls of ::;~~berB, not less than ninety days, and such money shall ,be credited to an account to be known as the Loan Capital Account which may be used for any of the purposes of the associa- tion including payments for goods purchased or expenses incurred in connection therewith or the s'hipment thereof,

(2) An association may pledge ,its credit for the Clrededltd . p ge, purchase of goods, wares or merchandise or in any other transaction coming within the scope of its corporate powers. 24.

(1) No association s'hall sell goods, wares or mer· saldelon cre t. chandise to its members or customers on credit or in any other manner than for cash except as may be authorized by by-law, but in no event shall there he owing to the association at 'any time with respect to credit sales an amount in excess of one..:half the amount of the working capital as shown by the previous year's auditor's annual report.

(2) For the purposes of this

section and of

section 27, ~'!~t~!.ng "working capital" shall be construed to include share capi- defined. fal, debenture or bond ind~btedness,general reserve fund, deferred dividends or participating reserves and und,is tributed surplus or deficit accounts. DISPOSITION OF SURPLUS 25. Subject to

section 27, the amount available for Annua.l d ' 'b . be t h I f h f' I f DIstrIbution Istrl utIon to mem rs ate c ose 0 eac' Isca year 0 of SurplU9. an association shall, within six months from the close of each f,iscal year, be allocated in the manner provided by the by-laws. 26.

(1) Subject to ,subsections (2) and (3), an associa- MaIntenance ot a. reserve tion shall designate not less than twenty per cent of the tor clontln. genc es, amount available for distribution to members at the end of each fiscal year as 'a reserve for contingencies and the amount so designated shall not be distributed to the mem bers. 11

CHAP. 1 Amount of reserve. COOPERATIVE ASSOCIATIONS (2) Subsection (1) does not apply to an association when its reserve for contingencies reaches an amount equivalent to (

a) thirty per cent of the value of its assets in the case of an association having assets of a value of twenty-five thousand dollars or less; Cb) twenty per cent of the value of its assets in the case of an association :having assets of a value exceeding twenty-five thousand but not exceeding fifty thousand dollars; and (

c) ten per cent of the value of ,its assets in the case of an association having assets of a value exceeding fifty thousand dollars; but if in the fiscal year that reserve is reduced below the minimum amount specified by this section, twenty per cent of the amount available for distribution to members at the end of that fiscal year, or such lesser amount as will restore the reserve in the first year to the minimum amount specified by this section, shall he designated as part of the reserve for contingencies until the reserve is restored to the minimum amount.

(3) An association without s'hare capital shall set aside its net surplus, if any, at the end of each fiscal year as a reserve for contingencies and s'hall not distribute this reserve to its members.

(4) Where the Registrar does not agree with the value an association places on its assets for the purpose of subsection (2) he may ·place a value on the assets and this valuation s·hall, for the purpose of subsection (2) be the value of the assets. WITHDRAWAL OF MEMBERS. :rl~:~,:~~. 27.

(1) Members may withdraw from membership in the association in the manner provided by the by-laws and subject to the following conditions: (

a) the directors may require notic(!, not exceed ing six months, of the proposed withdrawal of a member; and (

b) the association is not required to permit the withdrawal of a member in any fiscal year 12

COOPERATIVE ASSOCIATIONS if the result would be to reduce the amount of working capital of the association at the beginning of that fiscal year by ten per cent or more.

(2) When a member withdraws from membership in an association or is expelled, the board shall make avail able to the member (

a) where the association has share capital, the paid-up value of all s'hares held by the mem ber; (

b) any amount :held by the association to the credit of the member; and (

c) the equity of the member other than shares in the assets of the association. DISSOLUTION. CHAP. 1 28.

(1) W·hen the Registrar has reasonable cause to ·be- DIssolution. lieve that an association is not carrying on business or is not ·in operation, he shall send by ordinary post a lette!' addressed to the association at its registered office inquir- ing whether the association is carrying on business or is in operation.

(2) If the Registrar does not, within two months of Notification. sending the letter, receive an answer thereto, he shall, within fourteen days after the expiration of the two-month period, send by registered post a letter referring to the first letter and stating that no answer thereto has been received by him and that if an answer is not received to either letter within two months from the date of the second letter a notice will ,be published in such manner as he deems necessary with a view to striking the mtme of the association off the register.

(3) If the Registrar receives an answer from the Publication. association to the effect that it is not carrying on busi- ness or in operation or if he does not within two months after' sending the second letter receive an answer thereto, the Registrar may .publish in such manner as he deems necessary and send by ordinary post to the association notice that at the expiration of two months from the date of that notice ,he will strike the name of the association off the register and dissolve the association. 13

CHAP. 1 Name of. association struck off register. Subslstance of a.ssocla tlo after dIssolution. ~fpllcatlon Companies Ordinance. COOPERATIVE ASSOCIATIONS

(4) At the expiration of the time mentioned in the notice referred to in subsection (3), the Registrar shall, unless cause to the contrary is previously shown by the association, strike the name of the association off the register, and in such cases he shall publish notice thereof in such manner as ,he deems necessary whereupon ami whereby the association is dissolved.

(5) Where an association is dissolved under this section, the association shall nevertheless be considered as subsisting in all respects suhject to the prov·isions of this

section so long and so far as a matter relating to the association remains unsettled, and the association may do all things necessary to the winding up of the concerns thereof, and may sue and be sued in respect of all unsettled matters. 29. The winding U'p provisions of the Companies Ordinance shall, in so far as they are applicable, apply to an association. SUPERVISION. ~,~~~m~r~nt 30.

(1) An association shall appoint, in the manner pre scribed by the .by-Iaws, a person to hold the office of auditor who shall upon the approval of the Registrar be auditor for the association. Audit of accounts. Annual return to Registrar. Annual return to members. Registrar may request Informa.tlon. InquIry by Registrar.

(2) At the close of each fiscal year the association shall submit its accounts for audit by the auditor.

(3) Every association shall within ninety days from the close of eac:h fiscal year send to the Registrar a general statement in such form and including such details as the Registrar may require of the affairs of the association accompanied ·by a copy of the financial statement for the preceding fiscal year certified by the auditors.

(4) An association shall supply to each member UpOD his application without charge a

summary of the latest auditor's annual statement of the association.

(5) An ·association shall upon request furnish the Registrar with any information he may require for pur poses of this Ordinance. 31. The Registrar shall, upon the order of the Com missioner or upon receipt of a request in writing contain ing the signatures of 14

COOPERATIVE ASSOCIATIONS (

a) at least fifty per cent of the members where there are ten members or less in the associa tion, or (

b) at least ten ·per cent of the members or six members, whichever is the greater, where there are over ten members in theassocia tion, hold an inquiry into the affairs of the association and make a report of the results of the inquiry to the Commissioner. CHAP. 1 32.

(1) If -it appears to the Commissioner from the Appointment th of Admlnl Registrar's report made pursuant to

section 31 that e strator. affairs of the association (a) ·are being mismanaged, or (

b) are not being conducted in accordance with co-operative principles, he may cancel the incorporation of the association or appoint an administrator to protect the equities of the members.

(2) An section (1) (a) (

b) administrator appointed pursuant to sub- Duties ot Admini strator. shall have all the powers of the directors and may perform all or any of the duties of the officers of the assodation; s·haU be responsi'ble to the Registrar for the conduct of the business of the association and carry out all orders and directions of the Reg:istrar with respect ,to the association; and (

c) may pay the expenses of administration out of the funds of the association.

(3) The administrator shall take all steps and do all things necessary to protect the equities of the members and the rights of the creditors of the association, and shall maintain, so far as is practicable, the services prov-ided by the association. (4) 'Where an administrator is appointed pursuant Powers and to subsection (1), the directors and officers of the associa- ~m~~'i-a°f tion shall not thereafter, so long as the administrator re- removed. mains in charge of the conduct of the business of the as sociation, exercise any of the powers conferred upon them by this Ordinance and the 'by-laws. 15

CHAP. 1 AdminIstra tor has access to books, accounts. etc. CalHng of special meeting. Administra tor conducts business. Offence. Penalty. COOPERATIVE ASSOCIATIONS

(5) For the purposes of this section, the administra tor shall 'have access to all books, accounts, securities, docu ments, vouchers, cash, goods, wares, merchandise and other assets of the association and any security held by the as sociation.

(6) Subject to the approval of the Registrar, the administrator may call a special general meeting of the members of the association to report to them on the affairs of the association and steps taken by him to protect their equities.

(7) The administrator shall conduct the business of the association until the Registrar is satisfied to have the management of its affairs resumed by its officers or until the association is dissolved and a liquidator is appointed to wind up its affairs. OFFENCES AND PENALTIES. 33.

(1) Every ·person or ·association who (

a) fails to give notice, send a return or docu ment or do or allow to be done any act or thing that the association ·is by this Ordin ance required to give, send, do or allow to be done; (

b) neglects or refuses to do

an act or to furnish information required for the pur·poses of this Ordinance by the Registrar or other per son authorized under this Ordinance, or does

an act or thing forbidden by this Ordinance; or (

c) wilfully furnishes information in any respect false or insufficient; is guilty of an offence.

(2) Every association or corporation that is guilty of an offence against this Ordinance is Hable on

summary conviction to a fine not exceeding $1,000.00.

(3) Every person, other than a person referred to in subsection (2), who is guilty of an offence against this Ordinance is liable on

summary conviction to 'a fine not exceeding $500.00 or to imprisonment for a term not exceed ing two months, or to both such fine and imprisonment. 16

COOPERATIVE ASSOCIATIONS

(4) Where a fine is imposed under subsection (3) a term of imprisonment may 'be imposed in default of ·pay ment of the fine 'but no such term s'hall exceed two months. CHAP. 1

(5) An offence against this Ordinance by an associa- ~~n~;r as tion shall 'be deemed to -have been committed by each :~~lbct:t1on. officer of the association where the offence of the associa- tion is caused by an officer failing to perform the duties of his position as required by the by-laws, or if there is no suc'h officer, then by each of the directors unless the officer or director is proved to have attempted to prevent the commission of the offence. GENERAL. 34. The Commissioner may make regulations Regulations. (

a) prescribing the fees payable for services rendered under this Ordinance; (b) .prescribing standard by-laws not inconsis tent with this Ordinance; (c) .prescribing forms for the carrying out of this Ordinance; and (

d) generally for carrying the purposes and pro visions of this Ordinance into effect.

SCHEDULE A INCIDENTAL AND ANCILLARY POWERS OF THE ASSOCIATION. The association has, as ancillary and incidental to the object or objects set forth in the memorandum of associa tion the follQwJng powers: (

a) the power to purchase, take on lease or in ex change, ,hire or otherwise acquire and hold real or personal property that the association deems necessary or convenient for the -purposes of its business, and to sell, mortgage, lease or other wise dispose of such property; (

b) the power to construct, improve, maintain, de velop, work, manage, carry out or control roads, ways, sidings, factories, warehouses, tanks, shops, stores, and other works and conveniences that may seem calculated to advance, directly or in- 17

CHAP. 1 COOPERATIVE ASSOCIATIONS directly, the interests of the association, and to contribute to, subsidize or otherwise assist or take

part in the construction, improvement, maintenance, working, management, carrying out or control thereof; (

c) the power to acquire or undertake the whole or any part of the :business, property and liabilities of a person, company, association or society, where soever incorporated, and carrying on any busi- ness that the association is authorized to carry on, or possessed of property suitable for the ,pur pose of the association; (

d) the power to take or otherwise acquire and hold shares, stock, debentures or other securities of a company, association or society incorporated by or under the provisions of an Ordinance of the Territory, and 'having objects wholly or in part similar 'to those of the association, and to sell or otherwise deal with the same; (

e) the power, subject to the written approval of the Registrar, to take or otherwise acquire and hold shares, stock, debentures or other securities of or membership in another co-operative associa tion wheresoever incorporated or of a company, association, or society incorporated under a special Ordinance of the Territory or under the Com panies Ordinance, and having objects wholly or in part similar to those of the co-operative asso ciation, and to sell or otherwise deal with the same; (

f) the power to enter into an agreement for co operation, joint adventure, reciprocal concession or otherwise with another association, or with a person, company or co-operative marketing as sociation having ·objects wholly or in part simi lar to the objects of the association or engaged in a ,business or enterprise capable of being con ductedso as directly or indirectly to benefit the association; (

g) the power to unite with a person, company, as sociation or co-operative marketing association in employing and using the same personnel" methods, 18

COOPERATIVE ASSOCIATIONS means or agencies for carrying on and conduct ing their respective businesses, or to use -by a separate employment the personnel, means and agencies of another person, company, association or co-operative marketiJ:tg association; (

h) the power to enter into arrangements with a government or authority, municipal, local or otherwise, that seem beneficial to the association, and to obtain from such government or 'authority any rights, privileges and concessions that the association thinks it desirable to obtain and to carry out, exercise and comply with such arrange ments, rights, privileges and concessions; (

i) the power to draw, make, accept, endorse, exe cute and issue promissory not-es, bills of exchange, bi.JIs of lading, warrants and other negotia:ble or transferable instruments; (

j) the power to 'borrow and secure the payment of money on such terms and conditions as the direc tors may by resolution determine; (

k) the power to invest and deal with the moneys of the association not immediately required, in such manner as may from time to time be determined by the directors; (

I) the power to make or hold mortgages, hypothecs. liens and charges to secure payment of the price of any part of the property of the association sold by the association or any money due to the associa tion from purchasers and others, and to assign or otherwise dispose of the said mortgages, hypothecs, liens and charges; (

m) the power to establish and support or aid in the estabHs'hment and support of associations, insti tutions, funds, trusts and conveniences calculated to benefit employees or ex-employees of the as sociation or its predecessors in business, or the dependents or connections of such persons, to grant pensions and allowances and to make ,pay ments towards insurance; (

n) the power to sU'bscribe or guarantee money fo), c'haritable or benevolent objects or for an exhi bition or for a public, general or useful object; 19 CHAP. 1

CHAP. 1 COOPERATIVE ASSOCIATIONS (0) the power to carry on, encourage and assist edu cational and advisory work relating to co-operative activities; (

p) the power to enlarge the area of its operations by establishment of -branches or other means; (

q) the power to sell or dispose of the undertaking of the association or part thereof for such considera tion as the association thinks fit, and in particu lar for shares, debentures, securities or other interest in an association having objects altogether in part similar to those of the association; (

r) the power to do all other things that are incidental or conducive to the attainment of the objects and the exercise of the powers of the association; (

s) the power, subject to subsection (2) of

section 14, to accept money on deposit from its members for future purchase of goods or services by the members; (

t) the power to become a member of a credit union registered under the ,Credit Union Ordinance; (

u) the power to deposit money on either deposit or share account or both, with a credit union of which the association -is a member, or a federa tion of credit unions registered under the Credit Union Ordinance, or to loan money to, or borrow from any such union or federation; (

v) the power generally to carry on and undertake a business that seems capa-ble of being conveni ently carried on in connection with the business . of the association, or calculated to enhance, direct ly or indirectly, the value of or render profitable any property or rights of the association; and (

w) the power to do all or any of the above things as principal, agent, contractor or otherwise and by or through trustees, agents or otherwise and either along or in conjunction with others. 20

CHILD WELFARE

CHAPTER 2 AN ORDINANCE TO PROVIDE FOR THE WELFARE OF 'CHILDREN (Assented to Janu41'y 22, 1970) CHAP. 2 1. This Ordinance may be cited as the Child Welfare Sbort Title. Ordinance. 2.

INTERPRETATION. In this Ordinance, (a) "born out of wedlock" means ,born to a mother who, at the time of the conception of the child, was (

i) unmarried; or (ii) widowed or divorced at least three months prior to that date; or (iii) a married woman who for a period of at least three months immediately prior to that date was living separate and apart from ;her ,husband; and who ,has continued to be unmarried or to live apart from her husband up to the date of the 'birth of 'her child; Born out of .wed·lock. (ob) "boarding home" means any private 'home, ~g~~~lng group liv.ing home, hostel or other similar institution, except a foster home, wherein care, food and lodg.ing are furni'shed with 'Or without charge for any child living apart from 'his parent or parents; (c) "child" means an unmarried person Child (

i) actually or apparently under the age of eighteen; or (ii) under the age of twenty-one years when guardianship of the Director has been exten~ed pursuant to

section 16; or under

Part IV of this Ordinance;' 21

CHAP. 2 Day nursery. Director. Foster home. Group home. Guardian. Justice. Parent. Protective care. Ward. Director or Child \VelCare.

CHILD WELFARE (d) "day nursery" ineIudes any play school, kin dergarten, nursery school, or other simi lar place in which any -child is placed for temporary Pl'otective care during all or any portion of the day; (e) "Director" means the Director of Child Wel fare appointed under this Ordinance; (f) "foster home" means a ·private home which has been approved by the Director for the placement of a child, irrespective of whether any payment is made for maintenance of such child; (g) "group home" means a home established pursuant to this Ordinance, in which ·a child may be placed by the Director to receiv~ special care; (h) "guardian" in addition to the natural parent or parents and a legally appointed guardian of the child, includes the Director when the child has been committed to his protective care under

Part 11 of this Ordinance; (i) "justice" means a judge of a juvenile court and includes a police magistrate or any jus tice of the peace; (j) "parent" includes a step-parent or guardian except in

Part IV; (k) "'protective care" includes custody, care and control; (.}) "ward" includes any child committed by order of a justice to the protective care of the Director or by any court to any corres ponding authority in any province of Canada or any other country or part thereof.

PART I DIRECTOR OF CHILD WELFARE. 3.

(1) The Commissioner may appoint an officer to be called the Director of Child Welfare who shall hold office during pleasure. 22

CHILD WELFARE

(2) The Commissioner may appoint one or more officers to be called Assistant Directors of Child Welfare who shall ;hold office during pleasure.

(3) An Assistant Director of Child Welfare has all the .powers, duties and functions of a Director. CHAP. 2 4. ''nhe Commissioner may appoint such persons Staff. to assist the Director in the performance of any of 'his duties under this Ordinance as ·he deems necessary. 5.

(1) The Director shall (

a) ensure that the provisions of this Ordinance are carried out; (

h) direct and supervise the visiting of any child and the inspection of any ,place where a child is placed pursuant to this Ordinance; (

c) administer and supervise any group home esta,blished pursuant to this Ordinance; (

d) ensure the safeguarding of aH children and the amelioration of family conditions that -lead to neglect, and the care and control of children in need of protection; (

e) prepare and submit an annual report to the Commissioner, and (

f) perform such other duties as may devolve upon him under any other Ordinance.

(2) The Director shall have general superintendence over all matters pertaining to the welfare of children in accordance with this Ordinance.

(3) The Director may inspect and set rules, standards of care and living accommodation in any foster home, group home, boarding home or day nursery in which a child may be placed by him or hy the parents of the child or the person in whose charge he is.

PART 11 PROTECTION OF CHILDREN. Duties of Director. 6. For the pur.pose of this Part a child is deemed When Child is in need to be in need of protection when of protection. (

a) he is an orphan who is not being properly Orphan. cared for; 23

CHAP. 2 Desertion. Incapacity. Consent. Abandon ment. lJnfit home. Unfit associates. Begging. Criminal connln\nc(l. Inadequate c:ontro\. Truancy. ~"I.:Iect or health care. CHILD WELFARE Cb) he is deserted by the person in whose charge he is; (

c) the person in whose charge he is cannot car'.! 'properly for him; (

d) he is brought, with the consent of the per son in whose charge he is, before a justice to be dealt with under this Part; (

e) he is under the age of twelve years and is frequently left by the person in whose charge he is without care and supervision of an older person or when such older person fails to give him proper and adequate care and supervision; (

f) Ihis home by reason of neglect or depravity on the part of the person in whose charge he is, is an unfit or improper place for him; (

g) he is found associating with an unfit or im proper person who is not his parent; (h) !he is found begging in any street, house 01· place of public resort, whether actually beg ging or under the ·pretext of selling or offer ing anything for sale or is found loitering in a public place; (

i) with the consent or connivance of the per son in whose charge he is, he commits any act that renders him liable to a penalty under any ordinance, Act of Parliament of Canada or municipal ,by-law; (

j) by reason of the inadequacy of the control exercised by the person in whose charge he is, he is being allowed to grow up under drcuIru!tances tending to make him idle, dissolute, delinquent or incorrigible, or with out a proper education; (

k) he habitually absents himself from the home of the person in whose charge he is, or from school when he is within the compulsory school attendance age, without sufficient cause; (

I) the person in whose charge he is neglects or refuses to provide or secure proper medical, 24

CHILD WELFARE surgical or other remedial care or treatment for his health or well being, or refuses to permit such care or treatment to be supplied to the child when it is recommended by a medical practitioner; CHAP. 2 (

m) he is deprived of affection by the person in Lrarcktol f a ec on. whose charge he is, to a degree that is suf- ficient to hinder his emotional and mental development; (

n) he is -by reason of the ill-treatment, cruelty, 1t ll- t t rea men _ frequent personal injury, grave misconduct or frequent intemperance of or by the per son in whose charge he is, in danger of loss of life, health or morality; (0) the person in whose charge 'he is, is incap- ~:~t~~f able of exercising or unwilling to exercise _proper parental control; (p) ·he is a child born out of wedlock whose Consent. mother consents to him being brought before a justice for the purpose of transferring hi.; guardianship to the Director; (

q) his parents or only parent is undergoing Absence of pal'ents. imprisonment or is a patient in a hospital for the mentally ill, a tuberculosis sana torium, or reh3.'bHitation centre for physical restoration of the disabled. 7.

(1) Where the Director, a peace officer or any per- Apprehen- . d' .. b slon without son authOrize ID Wl'ltmg y the Director, ;has reason to warrant. believe and does believe that a child is in need of protec- tion he may apprehend the child without warrant and take him to a place of safety.

(2) Where the Director, a peace officer or any per son authorized in writing by the Director ,has reason to believe and does believe (

a) that a child is in need of protection in any place, or (

b) that a child committed to the protective care of the Director has absconded and is being -harboured in any place 25

CHAP. 2 Notice of application. Determina tion. Adjourn ment. Justice's Order. CHILD WELFARE he may without warrant enter such place by day or night using f()rce if necessary to effect entry and apprehend such child.

(3) A person who apprehends a child pursuant to subsection (1) or paragraph (

a) of subsection (2) shall bring the chHd before a justice as soon as possible but in any event within ten days of such apprehension and mak~ an application for an order 'under

section 11. 8. A person who apprehends a child pursuant to

section 7 shall give reasonable notice of the time when and the place where the child is to be brought before a justice to (

a) the parents if their address is known; and ('

b) the person ·having actual care and custody of the child if the child was living apart from his parents, and if his address is known; and (

c) the Director. 9. The justice before whom a child is brought pur suant to subsection (2) of

section 7 shall, upon hearing such evidence as may be adduced at the hearing, deter mine whether or not the child is in need of ·protection. 10.

(1) The justice may, from time to time, adjourn th\! case for such length of time as :he deems proper :but shall, except as provided by

section 11, make a final disposition within four months of the commencement of the case.

(2) Pending the final disposition of the case the justice may direct that the child remain in the protective care of his parents, or the Director, or .such other suitable person as the justice deems fit.

(3) Nothing in subsection (1) shall operate to pre vent a fresh applica:tion ·being made to the justice in respect of the child. 11.

(1) If the justice determines that a child IS In need of protection, he shall make an order setting out ·his find· ings and a statement of the facts, including the name, date of 'birth, place of birth, nationality, religion and status of the child, the name and place of abode, occupa- 26

CHILD WELFARE tion, and religion of the parents or either of them, and whether or not either of such parents is dead or has abandoned the child. CHAP. 2

(2) An order under subsection (1) may provide that g~:~s. (

a) the case be adjourned generally and the child be returned to his parents or any other person having actual care and custody of the child at the time of apprehension, or other suitable person, subject to inspection and supervision by the Director; (

b) the child be delivered into the control of his parents or any person ,having actual care and custody of the child at the time of appre hension, or other suitable person, subject to such terms and conditions as seem reasonable and proper to the justice; or (

c) the child be committed to the protective care of the Director either permanently or for a fixed temporary period which may :be ex tended from time to time, but in no case shall an order be made at ·any time that results in the continuous temporary protective care of the child for a period of more than two years from the date of the first order for the temporary protective care.

(3) A justice may convert a temporary order into a permanent order at any time.

(4) When a child is committed to the protective care :p~r:~tor of the Director guardIan. (

a) he may take the child into ·protective care for placement in accordance with this Part, and (

b) the Director shall he the guardian of the person and property of the child and all powers and rights of the parents vest in the Director ·but in the case of a temporary order, the consent of the parents to an application for an adoption order shall 'be required.

(5) Where, pursuant to subsection (2), a child has Fres)h tl app lea on. been returned to his parents or other person having the actual care and custody of the child, or 'has been committed to the protective care of the Director, the Director may, 27

CHAP. 2 COpy of orders. Single order. No liability for medic&\ treatment. Placement of child. Director to be guardl&n. CHILD WELFARE upon giving five days notice to the other persons mentioned in

section 8, bring the case again before a justice who, after investigation, may make such further order under subsec tion (1) as seems proper to him. 12. The justice shall deliver to the Director a certi- fied copy of the order made in each case. 13. Where two or more chHdren of the same family are brought before the justice at the same time on the same a'pplication, only one order need be made. 14. From the time that a child is apprehended pur suant to subsection (1) of

section 7 until final disposition by the- justice, the Director is responsible for the care, maintenance and physical well-being of the child and no liability shall attach to 'him or to any duly qualified medi cal practitioner by reason only that the child is provided with necessary medical or surgical care during such time. 15.

(1) Where, pursuant to subsection (2) of

section 11, the justice commits a child to the protective care of the Director, the Director shall make arrangements as soon as may be for placing the child in a foster home or such place as he deems suitable within or outside the Territory having regard to the interests and welfare of the child, but the Director may withdraw the child from any such foster home or other place -if, in his opinion, the welfare of the child so requires.

(2) Where a child ,has been committed to the protec tive care of the Director pursuant to paragraph (

c) of sub section (2) of

section 11, the Director shall exercise all the rights vested in him by subsection (4) of

section 11 until (

a) the guardianship is terminated by an order made under subsection (2) of

section 17; (

b) the child reaches the 'age of eighteen years or, in the case of a female child, marries with the consent of the Director before reaching that age; (

c) the child is adopted pursuant to

Part IV; or (

d) in the case of a temporary order, the order expires. 28

CHILD WELFARE CHAP. 2 1.6.

(1) Notwithstanding

section 15, where it is in the :rhe~:~~ran. interest of the welfare of a child who is under the guardian- shIp. ship of the Director, a justice may, upon application by the Director make an order providing that the Director con- tinue to be the guardian of the child for such period as he considers proper 'beyond the day on which the child reaches the age of eighteen years, :but not beyond the day on which the child reaches the age of twenty-one years, in which case the .provisions of subsection (2) of

section 15 s'hall apply mutatis mutandis.

(2) This

section applies to orders made under the Transltl~nal applicatIon. Protection of Children Ordinance. 1.7.

(1) Where a child 'has ·been commi tted to the tem- to~Plicatlon porary protective care of the Director under subsection (2) variation. of

section 11, the Director or any person to whom the child may:be returned by an order made pursuant to subsection (2) of

section 11 may apply to a justice to make (

a) an order rescinding the order of protective care, or (

b) an order that without rescinding the order of protective care grants permission for th~ child to be returned under the supervision of the Director, either permanently or tempo rarily, to his parent or any other person having actual care and custody of him at the time he was apprehended, or other suitable person.

(2) Where Order subject to (

a) an application is made pursuant to subsec- conditions. tion (1) ,and (

b) the justice is satisfied that an order made under this subsection would benefit the child, the justice may make an order granting the application subject to such conditions as 'heconsiders proper.

(3) Five days' notice of an application made under Notice of . Application. subsection (1) s'hall be given by the person making the application. (

a) to every person to whom the child may' be returned :by an order made under subsection (2), and 29

CHAP. 2 CHILD WELFARE (

b) where the applicant is a person other than the Director, to the Director. ~w~.es or

(4) Where an application is made pursuant to sub- section (1), the justice in making any order under sub section (2) may take into account the wishes of the child when it is considered the age of the child is such as to make ,him competent to understand the nature of the pro ceedings. VISITING AND INSPECTION. Foster home 18. Every person in charge or apparent charge of, etc., subject to rules. or operating a foster home or boarding home or day nursery who undertakes or assumes in any manner, the care of children for all or any portion of a day or for any period of time on a continuing basis, shall in addition to all other requirements of this Ordinance (

a) conform to the rules, standards of care and living accommodation set ,by the Director under subsection (3) of

section 5, (

b) upon request of the Director or any person authorized 'by the Director (

i) furnish to the Director or the person SI) authorized full information and particu lars concerning any child in his care; (ii) permit the Director or person so auth orized to inspect 'all parts of the premises in which the child is cared for, except any parts thereof used exclusively for residential purposes by :him or the staff of such foster home, boarding home or day nursery, or for religious and resi dential purposes by any member of a religious order therein, and to have access to all children therein, and all books and records of the home or organi zation, dealing with the care of such children.

Inspection. 19. The Director or any person so authorized by the Director may at any time visit any foster home, boarding home, day nursery or group home where a child may be placed apart from his parents for part or all of a day or for a period of time on a continuing basis. 30

CHILD WELFARE CHAP. 2 20.

(1) Any parent, or any person having charge of a ;:r~.porary child, who, for reasons considered adequate by the Direc- tor, is unable to make adequate ·provision for the child, may make application to the Director to 'have the child placed temporarily in the care of the Director.

(2) The Director may enter into an agreement with ~:~porary the applicant to accept the child for care for a period not agreement. exceeding one year.

(3) Where the Director deems it to ,be in the best Renewa.l ot agreement. interest of the child to do so, he may, upon the request of the applicant, renew the agreement from time to time.

(4) The Director may, if he deems it to be in the Application best interest of the child, terminate an agreement entered to justice. into under this

section and cause the child to be brought before a justice for examination, and the justice may, if on investigation he deems it to be in the best interest of the child to do so, make such order under

section 11 as ht! deems ·proper. 21.

(1) The Director may apply to a justice for an order Cblosudll'e ot oar ng of closure of any boarding home or day nursery. home etc.

(2) If the justice is satisfied that the person in Grounds. charge or apparent charge of or operating such boarding home or day nursery 'has not conformed to the rules, stan- dards of care and living accommodation prescribed by the Director, he s'hall issue an order of closure.

(3) Any application under this

section may be made Aggrieved • • person to ex parte or on notIce but where an order IS granted ex be heard. parte the person aggrieved by such order shall be given the opportunity of being heard and of calling evidence. TRANSFER OF WARDS. 22.

(1) Where a child who is a ward, is ,by agreement Child from with the Director transferred to the Territory, the Director j~I~~~~tLon. may assume the protective care of the child and the right to give consent to medical or surgical care and treatment as recommended by a duly qualified medical practitioner, but guardianship remains vested in the authority to whom the child was committed. 31

CHAP. 2 Transfer to another jurisdiction. Conflict of laws. Establish ment ot group homes. Offences. Public duty to report. CHILD WELFARE

(2) Where a child who has been committed to the protective care of the Director pursuant to this Ordin ance, is by agreement with the appropriate authority trans ferred to any province of Canada or any other country or part thereof, the Director may place the child in the pro tective care of that authority and grant to 'him the right to give consent for medical or surgical care and treatment as recommended by a duly qualified medical practitioner, but guardianship remains vested in the Director.

(3) Every order of wardship of a child made accord ing to the laws of any province of Canada or any other country or part thereof shall for all purposes in the Terri tory have the same effect as an order for protective care made pursuant to this Ordinance, and while any such chilli is in the Territory whether by agreement under subsection (1) or not, the Director shall act in loco parentis on behalf of sllch child. 23. The Commissioner may from time to time as hI? deems advisable establish group homes or other types of child caring facilities for the special care of children who are in the protective care of the Director. 24. No person shall (

a) induce or attempt to induce a child to ab scond from a foster home, boarding home, day nursery or group ,home in which he was placed by the Director; (

b) detain or knowingly harbour an absconding child committed to the protective care of the Director; (

c) having the care, control or charge of a child. ill-treat, neglect, desert, ahandon or expose such child or procure the ill-treatment, ne glect, desertion, abandonment or exposure of such child; (

d) omit' to perform a duty placed upon him under this Ordinance. 25.

(1) Every person having information of the aban donment, desertion, physical ill-treatment or need for pro tection of a child shall report the information to the Direc- 32

CHILD WELFARE tor, the Assistant Director or any member of the social work staff of the Department of Social Welfare. \ CHAP. 2 (2) Subsection (1) applies notwithstanding that the Information information is confidential or privileged, and no action lies privileged. against the informant unless the giving of the information is done maliciously or without reasonable and probable cause. 26. Any person who Penalties. (

a) violates the provisions of sections 18, 24, or 25; (

b) fails to comply with an order of a justice under this Part; or (

c) interferes with or obstructs the Director or any officer acting under his authority in the execution of his duties under this Part; is guilty of an offence and -liable upon

summary convic tion to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months; or to both fine and imprisonment. COST OF MAINTENANCE. 27.

(1) W·here a justice commits any child to the pro- Costs of tective care of the Director, he may at the same time, or ~nad~.ten subsequently upon application by the Director, make an order for payment ·by the parent of the child of any costs or portion thereof incurred by the Director in maintaining and supervising the child in any temporary home or in any foster home, boarding home or day nursery.

(2) This

section ·applies in respect of any committal Transitional order made under the Protection of Children Ordinance. orders. 28.

(1) At any time after an order for payment is made Variation of orders. pursuant to

section 27, the Director may apply to a justice for such variation of the order already made as the cir cumstances may warrant.

(2) Any parent may make application to a justice a~ provided in subsection (1) for an order varying the amount payable by him under any order, or revoking the order, or varying or suspending in whole or in part the operation of the same insofar as it applies to him. 33

CHAP. 2 Dura.tlon of order. Notice. Enforce ment. Appea.l. XotICB. Powers or Court. Urgent medIcal attention. CHILD WELFARE 29. Where an order is made for any payment for the maintenance and supervision of a child, the period for which the payment shall be made commences at the time the child was apprehended, irrespective of the date of the order for protective care or the date of the order for ,pay ment, and continues so long as the child remains in the protective care of the Director and continues to he an ex pense to the Director. 30.

Where a justice makes an order directing pay ment to the Director of the cost of maintaining and super vising a child committed to the protective care of the Direc tor, the Director shall forthwith send by registered mail a copy of the order to the parent chargeable under the order with the maintenance of the child. 31.. An order made against a parent under

section 27 or 28 may be enforced in the same manner as an order made under the Maintenance Ordinance or under this Ordinance. APPEALS. 32.

(1) The Director, or any person aggrieved, may appeal to the Court against any order made under this Part or a refusal to make an order.

(2) Not less than ten days notice of the hearing of the appeal shaH be given to the Director and to every per son to whom the child may be returned or that may be made liable for any payment upon the appeal being aHowed or refused unless the Court otherwise orders.

(3) Upon 'hearing an appeal, the Court may affirm, reverse, or modify the order appealed against, and make such other order as seems proper to the Court. GENERAL. 33.

(1) Where the Director is of the opinion that (

a) a child is in need of protection by reason of any refusal described in paragraph (1) of

section 6, and (

b) it is necessary in order to preserve the life of the child, that the 'child be provided im mediately with particular medical, surgical or other remedial care or treatment, 34

CHILD WELFARE the Director may direct that the child be apprehended under subsection (1) of

section 7, if the child has not already been apprehended, and brought before a justice for com mittal to the Director pursuant to paragraph (

c) of sub section (2) of

section 11 and thereafter direct that the child be provided immediately with the care or treatment. CHAP. 2

(2) No action shall lie against any ,person for per- Protection. forming or assisting in the performance of a surgical operation upon any child or for providing medical or other remedial care or treatment to any child, for the benefit of that child if (

a) he has acted in accordance with a direction made by the Director under subsection (1) in respect of the child, and (

b) the operation is ·performed or the medical or other remedial care or treatment is ad ministered with reasonable care and skill. 34.

(1) Where it appears to the Commissioner that Investiga-tion of (

a) the management of any facility providing facility. care for children is not such as to be in the best interests of the children in its care and custody, or (

b) the facility in the public interest, should be made the subject of public investigation, he may appoint a person or persons to enquire into and report to him upon the management and conduct of the facility, and may direct the manner of conducting such enquiry.

(2) The person or persons appointed under subsec tion (1) shall in conducting such enquiry have the powers and privileges of a judge of the Territorial Court. 35. Where a court has committed a child to the charge of the Director by an order made under the provisions of

section 20 (1) (

h) of the Juvenile Delinquents Act (Can ada), such child shall be deemed to have been committed to the care and custody of the Director in accordance with the provisions of subparagraph (

c) of subsection (2) of

section 11, and the provisions of

section 17 shall apply mutatis mutandis. 35

CHAP. 2 Child to be separate from adults. Payments on behalf of child. Habeas corpus. Proof of age. Files to be confidentIal. CHILD WELFARE 36. No child who is held or brought before a justice for enquiry under this Ordinance shall be placed or allowed to remain with any adult prisoner in any lock-up or police cell used for ordinary criminals or persons charged with crime. 37. Any family allowance paid to the Director on behalf of any child in the care and custody of the Director shaH not be public money within the meaning of the Finan cial Administration Ordinance. 38.

(1) Where a parent of a child applies to the Court for an order for the production of a child, and the Court finds that the parent has (

a) abandoned or deserted the child; (

b) allowed the child to be brought up by (

i) another person at the expense of that person, or (ii) in a public or private boarding home for such time and under such circum stances as to satisfy the Court that the parent :has been unmindful of his duties; or (

c) otherwise so conducted himself that the Court should refuse to enforce his rights to the custody of the child; the Court may, in its discretion, decline to issue the writ or make the order unless satisfied that it would tend to the advantage and benefit of the child to do so.

(2) Where the Court issues a writ or makes an order for the production of the child, the Court, in its discretion, may further order that the child be returned to his parents. 39. Where ,a person is charged with an offence under this

Part in respect of a child who is alleged to be under any specified age and the child appears to the justice to be under that age, the child shall, for the purposes of the Ordinance, be deemed to be under that age unless the con trary is proved. 40.

(1) No file, document or paper kept by the Director or in any other place, that 36

CHILD WELFARE (a) . deals with the personal history or record of a child or adult, and (

b) has come into existence through any proceed- ings under or pursuant to this Ordinance shaH without the written consent of the Director be dis closed to any person other than the Commissioner or a solicitor acting on behalf of the Commissioner or the Direc tor. CHAP. 2

(2) No person appointed under

section 3 or 4 shall DllBcilloBurd.8 pr v ege disclose or be compelled to disclose any information ob- tained by him in the course of the performance of his duties under this Ordinance (

a) except at a trial, hearing or proceedings under Parts I, Il, or III of this Ordinance, or (

b) in any other case, except with the consent of the Commissioner, or the order of a Judge.

PART III CHILDREN BORN OUT OF WEDLOCK.

INTERPRETATION. 41. In this Part, Deflnitlons (a) "child" means a child of an unmarried wo- "Child" man and includes a child en ventre sa mere; (b) "contributor" means a man against whom a ~~~~ntrlbu contribution order has heen made under this Part; . d "Contrlbu-(c) "contribution proceedmgs" means procee - tlon Pro- ings instituted under this Par:t against a ceedlngs" man; (d) "unmarried woman" means a woman who, ~~:;.~.r:rled at the date a child was conceived by her (

i) was unmarried; or (ii) widowed or divorced at least three months prior to that date; or (iii) was a married woman who, for a period of at least three months immedi ately prior to that date, 'had been living separate and apart from her husband; 37

CHAP. 2 Institution oC proceedIngs to obtain contribution order. CHILD WELFARE and who has continued to be unmarried or to live apart from her husband up to the date of the birth of 'her child or the date of proceedings taken under this Part, which ever first occurs. CONTRIBUTION PROCEEDINGS. 42.

(1) Subject to subsection (2) the Director, an un married woman, the guardian of the unmarried woman or a guardian of the child may institute proceedings to obtain a contribution order against any man in respect of a child or in respect of a pregnancy of the unmarried woman by filing an affidavit in the ·prescribed form with a justice.

(2) No proceeding may be instituted under subsection (1) during the pregnancy of the unmarried woman unless the affidavit filed thereunder is accompanied by a certifi cate of a medical practitioner stating that the unmarried woman is pregnant. Summons. 43.

(1) Subject to subsection (2), upon the filing of an affidavit described in

section 42, the justice shall fort}, with issue a summons for service on the man named in the affidavit requiring the attendance of the man before ,him. Warrant.

(2) Where Copy to Director Service or Summons. (

a) service of the summons is proved and the man does not appear before the justice; (

b) it appears to the justice that the summons cannot be served because the man is avoiding service; or (

c) it appears to the justice that the man is about to abscond; the justice may issue a warrant for the arrest of the man.

(3) Upon the issue of a summons or warrant the justice shall forthwith transmit a copy thereof to the Director. 44.

(1) Except as provided in subsection (2), a sum mons issued pursuant to

section 43 shall be served person ally on the man to whom it is directed, and, if that man cannot conveniently be found, the summons may be 38

CHILD WELFARE (

a) left for him at 'his last or usual place of abode with some person apparently resident therein who appears to be at least sixteen years of age, or (

b) sent to him by registered mail at his last or usual place of abode or 'his postal address. CHAP. 2

(2) Where a man is a member of the Canadian forces Service where man or of any visiting forces, a summons issued pursuant to ISf ahmember o t e

section 43 may be served on his commanding officer. forces.

(3) Service out of the Territory of a summons issued ~F7~~e out pursuant to

section 43 may be made without an order. Territory. 45. A summons issued pursuant to

section 43 shall ~~n~!\~f be served (a) (ob) at least seven days before the hearing, or where the service is made out of the Terri tory at least thirty days before the hearing. hearing. 46.

(1) W'here a man is brought before a justice on a ~:;g:.nl warrant issued under

section 43, the justice may require -him to (

a) enter into a recognizance with :sufficient sureties in such manner as the justice directs conditioned for his appearance at the hear ing, or (

b) enter into 'his own recognizance and deposit with the justice a sum of money sufficient, in the opinion of the justice to ensure his appearance at the ·hearing.

(2) W'here (

a) the man does not comply with subsection ~;e~~: for (1) when requ.ired .to do so by a justice, or (

b) the justice is satisfied that it is probable that the man wiU not appear at the hearing voluntarily, the justice may commit the man to -a prison there to be kept until 'he does what is required of ·him or until the hearing. 47.

(1) No contribution order shall be made under this Corrobora Part against a man upon the evidence of the unmarried !~~3e~tce of unmarried 39 woman.

CHAP. 2 Negative evidence. CHILD WELFARE woman in respect of whose pregnancy or child the pro ceedings have been instituted unless the unmarried woman or someone on her behalf adduces evidence as to the pater nity of the child and such evidence is corroborated hy (

a) evidence that the man made financial con tribution towards the maintenance of the child; (

b) evidence that the man has made an agree ment to pay any expenses arising out of her pregnancy, or the birth, maintenance, edu cation or death of the child; (

c) evidence that the man has had sexual inter course with her within the period during which the child could have been conceived; (

d) evidence as to an acknowledgement of pa ternity 'by the man; or (

e) some other material evidence satisfactory to the justice that implicates the man.

(2) No contribution order shall be made under this Part where it is proved to the satisfaction of the justice that the man could not be the father of the child. CONTRIBUTION ORDER. 8~g!~~butlon 48.

(1) Where a justice, upon the appearance before him of a man either in person or by counsel and upon consider ing the evidence adduced before him, is satisfied that such man probably is (a) ·the father of the child, or (

b) the cause of the pregnancy of the unmarried woman, in respect of which the contri·bution proceedings have been instituted, he may, having regard to the number of possible fathers or men who possibly caused the pregnancy, make an order requiring the man to 'pay to the mother, the Director or to such other person as the court deems proper, any reason a'ble expenses for 40 (

i) the maintenance and care, medical and otherwise, of the unmarried woman dur ingher pregnancy, and at the birth of the child or termination of the ·preg nancy;

CHILD WELFARE (ii) burial of the unmarried woman if she dies as a consequence of her pregnancy; (Hi) burial of the child if the child dies; (iv) the birth and maintenance of the child up to the date of the order; and such sum of money towards the maintenance and educa tion of the child as the justice considers proper to be paid in a lump sum, or weekly or monthly for such period as the justice considers proper. CHAP. 2

(2) Where a child in respect of whom contribution Contribution proceedings have been commenced is not in the care and of mother. custody of his mother, the justice may, in making an order under subsection (1), require the mother of the child to contribute such sum of money towards the maintenance and education of the child as the justice considers proper, to be paid in a lump sum, or weekly or monthly for such period as the justice considers proper.

(3) In estimating the amount of the periodic pay- !:~~~t~r ments or the lump sum to be paid by the contributor under payments. subsection (1) the justice shall (

a) fix such payments or lump sum as will en able the child to maintain a reasonable stan dard of life having regard to what the child would ·have enjoyed had he been born in law ful wedlock, and (

b) take into consideration the ability of the contributor to provide such payments or lump sum and the ability of the mother of the child to assist in the maintenance of the child.

(4) Any lump sum ordered to be paid under this sec- Payment of lump sum. tion shall be paid within six months from the date of mak- ing the contribution order.

(5) No periodic payments ordered to be paid under Payment of periodic this

section in respect of the mainten'ance and education pa.yments. of a child are required to be paid. (

a) after the child dies or is legally adopted; (

b) during any period that the mother of the child is married and living with her husband and the child is living with them; or 41

CHAP. 2 Solicitors fees. Joint or several proceedings. Prior proceedings. Xotice of proceedings. CHILD WELFARE (

c) after the age of eighteen years unless the child is mentally or physically handicapped so as to require continued maintenance be yond that age~

(6) A contribution order may be made by a magis trate but may not be made by a justice who is not a magis trate.

(7) A contribution order may be enforced in the same manner as an order made under the Maintenance Or dinance or under this Ordinance. 49. In contribution proceedings, the justice may fix any solicitors fees and may (

a) order the contributor to pay the costs in curred in obtaining the contribution order, whether such costs were incurred by the mother, the Director or any other person, or (

b) where no contribution order is made against the man, the court may, if it is satisfied that the proceedings were instituted frivolously or improperly. order the person who insti tuted the contribution proceedings, to pay the costs of the man in the proceedings. 50.

(1) Where it is sought to obtain contribution from more than one man in respect of a child or a pregnancy, contribution proceedings may be instituted under subsec tion (1) of

section 42 jointly or severally against each such man.

(2) It is no defence to contribution proceedings in respect of a child or pregnancy that a contribution order under this Part has been made against some other man in respect of the same child or pregnancy.

(3) Where contribution proceedings are instituted against a man subsequent to the making of a contribution order against some other man in respect of the same child or pregnancy, notice of the hearing shall be served upon that other man in the same manner as if a summons was being served upon him under

section 43, and he shall be entitled to be heard in person or by agent or by counsel. 42

CHILD WELFARE CHAP. 2

(4) Where an order of contribution is made in re- Contribution order. spect of more than one man the contributors shall be jointly and severally liable to pay the whole of the amount of the order, but as between themselves they shall be liable to make contribution to and indemnify each other in such proportions as the justice may order or in default of such order in equal shares in proportion to their number. 5l..

(1) Where contribution proceedings are instituted Order on against a man under subsection (1) of

section 42 and the ~~~;arance. man fails to appear before the justice either in person or by agent or counsel, the justice may, upon proof of service of the summons on the man· and upon considering the evi- dence adduced before him, if he is satisfied that the man probably is (a.) the father of the child, or (

b) the cause of the pregnancy of the unmarried woman, in respect of which the contribution proceedings have been instituted, make an order requiring him to pay any amount that a justice can order to be paid under

section 48.

(2) Where the justice makes an order under subsec- Terms of tion (1) he order. (

a) shall make it on the same terms and condi tions as if he were making an order under ;section 48, a.nd (

b) may order the mother of the child to pay any amount that she could be ordered to pay under

section 48.

(3) Upon the application of a man against whom a Hehearlng. contribution order has been made under. subsection (1), the justice may, in ·his discretion, direct a rehearing and re- scind, confirm or vary the order.

(4) No contribution order made under this

section Detect In is invalid by reason only that there was a defect in the ~vu:r':::~r.s or substance or form of any summons or warrant, but the justice may, upon an application made pursuant to sub- section (3), rescind the contribution order if he is satis- fied that the man against whom the contribution order was made was so misled by the defect that he did not know of the hearing. 43

CHAP. 2 Time tor commencement ot proceedings. CHILD WELFARE 52. No contribution order shall be made against n man in respect of a child or a pregnancy of an unmarried woman unless proceedings to obta.in such an order are in stituted against such man within the following periods of limitation: (

a) where the man is present in the Territory at the expiration of two years from the birth of the child or termination of the pregnancy - two years from the birth of the child or termination of the pregnancy; (

b) where the man is absent from the Territory at the expiration of two years from the birth of the child or termination of the pregnancy - within two years from the date on which he returns to the Territory; (

c) where the man does any act that could reason ably be regarded as an acknowledgement of paternity of the child - within two yearCJ from his doing such act; (

d) where the man is absent from the Territory at the expiration of the period set out in paragraph (c) - within two years from the date on which he returns to the Territory; (

e) where the man and the mother of the child have cohabited as man and wife - within two years from the cessation of such cohabi tation. 53.

(1) A justice may rescind a contribution order made under this Part or may from time to time vary the order as he sees fit upon the application of the Director or any person named in the order upon being satisfied that since the making of the contribution order or the latest subse quent order varying it (

a) there has been a material alteration in re spect of the means of the mother or contribu tor or the child, the needs of the child or the cost of Uving; (

b) the contributor is, owing to the terms of the order, unable to provide proper subsistence for his .dependants; or 44

CHILD WELFARE (

c) there has been some other material change in the circumstances of the case. CHAP. 2

(2) Any order varied under subsection (1) may be Enforcement or order. enforced in the same manner as the original order. APPEALS. 54. Any party to contribution proceedings before a justice may appeal to the Court from an order made by the justice in those proceedings and the Court may, in its dis cretion, make an order staying proceedings under the ordeio pending the hearing of the appeal, but service of a notic-3 of appeal does not operate as a stay of proceedings unless the Court has made an order staying the proceedings. 55.

(1) Any party aggrieved by an adj udication or order Procedure. made by a justice under this Part may appeal to the Court and the Court shall have full discretion and power to re- ceive further evidence upon questions of fact, such evidence to be either by oral examination before him, by affidavit or by deposition taken before an examiner or commissioner, or to direct and hold a new hearing before him, and he shall have power to give any judgment and make any order which ought to have been made and to make such further order or other order as the case may require or, by order t directed to the justice, require him to make any order which the circumstances of the case require.

(2) Notice of appeal shall be served upon (

a) the justice who made the order; (

b) the respondent ; and (

c) the Director. Notice.

(3) A certified copy of any order made by the Court Order sent to Dlreeoor. shall be forthwith forwarded to the Director by the Clerk.

(4) The order or decision of the Court upon such No further appeal shall not be subject to further appeal except on a appeal. matter of law. 56.

(1) Unless the justice otherwise directs, any money DPalymtent to ree or. payable pursuant to a contribution order made under this Part shall be paid to the Director. 45

CHAP. 2 Application of moneys. Balance of moneys. Idem. Default. Order of committal. CHILD WELFARE

(2) Moneys received by the Director from the father or pursuant to a contribution order shall be held in a special trust account, and after payment of expenses and costs for which the moneys are received, any balance shall be paid in reasonable monthly sums, in the discretion of the Director, to the person or institution having custody of the child towards the maintenance of the child or towards the expenses of the funeral of the child if the child dies.

(3) Where a child is legally adopted, or the mother marries and the child is in her custody, any balance of moneys held by the Director for the benefit of the child under this

section shall be held in trust for the child, re turned to the contributor thereof, or otherwise disposed of as the Commissioner may direct. ( 4) Where a child dies, any balance of moneys held by the Director for the benefit of the child shall be applied towards the funeral expenses of the child, returned to the contributor thereof or otherwise disposed of as the Com missioner may direct. PENALTY. 57.

(1) Upon default being made in any payment directed to be made by a contributor under any contribution order made under this Part, any of the persons described in sec tion 42 may apply to a justice for an order of committal, and the justice shall have the power upon such application to summon the contributor to attend before him or to issue a warrant to arrest and bring the contributor before him to show cause why the contributor should not be committed to prison for non-compliance with the order.

(2) Where (

a) it is proved to the satisfaction of the justice that the contributor is concealing himself to avoid service of a summons issued under sub section (1) or is a voiding arrest; (

b) the contributor fails to attend in obedience to a summons issued under subsection (1); or (

c) the contributor attends or is brought before the justice but fails to satisfy the justice that he had reasonable excuse for not complying with the order; 46

CHILD WELFARE the justice may order the committal of the contributor to prison for a period not exceeding three months. CHAP. 2

(3) No imprisonment under this

section shall ex- Paymetnlt not ex n- tinguish payments ordered to be made under this Part. gulshed. AGREEMENTS. 58.

(1) A man may enter into an agreement with the Agreement. Director, or the Director and an unmarried woman, pro- viding for the payment to the Director of any sums of money for expenses arising out of a pregnancy of an un- married woman or the birth, maintenance, education or death of a child, in such amount as the Director consider~ reasonable.

(2) Notwithstanding anything in this Ordinance, ptrocededlngll s aye. where a man has entered into an agreement in respect of a child in accordance with subsection (1), no. contribution proceedings in respect of the child shall be instituted or continued against him while he is not in default in carry ing out the terms of the agreement.

(3) Notwithstanding

section 52, where at any time Default. a man fails in whole or in part to carry out the terms of an agreement in respect of a child made in accordance with subsection (1), the Director may institute or continue con tribution proceedings against him in respect of the child within two years of such default or if the man is absent from the Territory at the time of such default, within two years of his return to the Territory.

(4) In any contribution proceedings instituted under Agreement b . (3) h h 11 b . f· ·d prima facie SU

section t e agreement s a e pnma acte eVl ence proof of h h . h f h f h h·ld· f h paternLty. t at t e man IS teat er 0 t e c 1 III respect 0 w om the agreement was made. NOTIFICATION AND INVESTIGATION. 59. The Registrar General of Vital Statistics shall, ~;~i:!-tc:-~:~~. within thirty days after registering under the Vital Sta- tistics Ordinance the birth of a child born out of wedlock, send to the Director a certificate of the registration of the birth of the child. 60. Every person in charge of a hospital or other Notification by Instltu- institution that has received a woman for care during tlon. 47

CHAP. 2 Duty of Dlrectol'. CHILD WELFARE pregnancy who appears to be an unmarried woman shall, within three days after her admittance, report her admit tance to the Director. 61.

(1) Upon an application to him by an unmarried woman, or upon receiving notice that an unmarried woman is pregnant or is the mother of a child, the Director may (

a) cause a full investigation to be made in res pect of -the child, and (

b) institute any proceedings and do all things that he is permitted to do under this Ordin ance as seem to him advisable in the interests of the child or the unmarried woman.

(2) Nothing in subsection (1) requires the Director to interfere with the care and maintenance of a child where the child (

a) has been adopted in accordance with

Part IV; (

b) is being cared for voluntarily by a person whom the Director :considers suitable to have charge of the child; or (

c) has been legitimated. GENERAL. :rbatement 62. Where an unmarried woman marries or a married proceedings. woman resumes cohabitation with her husband at any time subsequent to the date of conception Estate boun4. (

a) contribution proceedings in respect of the pregnancy of the woman or birth of her child :shall be stayed or abated forever, and (

b) any right to commence such contribution proceedings shall be terminated. 63. Subject to

section 54 a contribution order made under this Part, and an agreement made under

section 58 binds the estate of a man after his death and moneys pay able under the order or agreement (a) 'a're a debt due from 'his estate, and (

b) are recoverable in an action instituted in the Court by the Director or other person to whom they are payable. 48

CHILD WELFARE CHAP. 2 64. No action shall be instituted under

section 63 1~d;:. of except with the leave of a judge who shall, before granting leave, direct· that notice be given to the widow and any adult legitimate children of the man and to all other per- sons interested in the estate. 65. Where, Variation. (

a) in any proceedings instituted under

section 63, or (

b) upon any application made under

section 53, it appears to a judge or a justice that the terms of the order or agreement cannot be carried out without depriving the dependants of the man of necessary maintenance the judge or the justice may, having regard to all the circum stances, vary the orde:r: or agreement so as to make equit able provision for the dependants of the man and the child.

PART IV ADOPTION.

INTERPRETATION. 66. In this Part Definition "child" means a person under the age of twenty- "Child" one years. ADOPTION PROCEEDINGS. 67.

(1) An application for an adoption order may be Application. made to the Court by (

a) an unmarried person twenty-one years of age or over, or (

b) a husband and wife jointly.

(2) A judge may, where by reason of blood relation ship or other special circumstances he considers it to be in the best interests of a person sought to be adopted, permit an application for an adoption order to be made in any case not otherwise provided for in this Ordinance.

(3) Where an application is made for an adoption order in respect of a person over the age of twenty-one years the provisions of this Part shall apply mutatis mu tandis unless dispensed with by special order of the Court. 49

CHAP. 2 CHILD WELFARE Petition. 68.

(1) An application for an adoption order shall be made by a petition filed in the Court.

(2) The Clerk of the Court shall forthwith forward to the Director a copy of an application for an adoption order.

(3) In the interests of the child, the Director shall cause an investigation to be made of each application for an adoption order and prepare a report of the investiga tion.

(4) The report of the investigation shall be present ed to the judge at the time of the hearing of the applica tion .. Consent to 69.

(1) Every application for an adoption order shall be adoption order. accompanied by the consent in the prescribed form of every person who Parent. (

a) in the case of a child born in wedlock is a parent, adoptive parent or guardian of the child or has lawful care and custody of the child, and ~~~~~~ and (

b) where a child is born out of wedlock, is the mother of the child or where the child re sides with and is maintained by his father, is the father of the child. Age ot

(2) The mother or father of a child may consent to parent Immaterial. the adoption of the child notwithstanding that the mother or father is under the age of twenty-one years, 70. Every application for an adoption order shall be accompanied by the consent ·in the prescribed form of Child. (

a) the child, where the child is over the age of twelve years, -and Spouse. (

b) the spouse of the child, where the child :s married. Director's 71.

(1) Where a child has been permanently committed consent. to the care and custody of the Director an application for an adoption order shall be accompanied by the consent in the prescribed form of the. Director.

(2) Notwithstanding any other provision of this Or dinance, where the consent of the Director is required pur- 50

CHILD WELFARE suant to subsection (1), no other consent to the adoption is required. CHAP. 2 72.

(1) Where any consents required by this Ordinance DIspensIng with have not been given, the judge may upon application there- consent. for make an order dispensing with the requirement of such consents, if having regard to all the circumstances of the case he is satisfied that dispensing with such consent is in the best interest of the child.

(2) Except where otherwise ordered by the Court Notice. fourteen days notice of an application for an order under subsection (1) slball be given to every person whose con- sent may be dispensed with by the order. 73. No person who has given his consent to adoption, Rrevocatlon o consent. other than the child to be adopted, may revoke his consent unless it is shown to the satisfaction of the Court that such revocation is in the best interests of the child. 74.

Where the consent of the mother of a child to Sa,·ing. adoption of her child is required, no order for the adoption of her child shall be made unless the consent of the mother is given after the expiration of ten days from the date of the birth of her child. 75.

(1) A consent required under sections 69 or 70 shall Arrrldavlt o support. be supported by the affidavit of the person consenting and of the witness to the consent and shall include a statement that the effect of the consent and of adoption was fully explained to the person consenting and the affidavit of the person consenting shall include a statement that he signed the consent freely and voluntarily and understood the effect of· the consent and of the adoption.

(2) The requirements of subsection (1) do not apply ~~~~~~~ to the consent of the Director.

(3) A consent executed in any province of Canada, Ext,·a-. • terrltonal or any other country or part thereof accordmg to the law consents. of such place, has the same effect in the Territory as n. consent under this Ordinance.

(4) An affidavit supporting a consent to an adoption sworn outside the Territory before a commissioner for oaths is as good and sufficient as if it had been sworn be fore a notary public. 51

CHAP. 2 Re9ldence. Stale appllcatlon. Considera tion of application by judge. Adoption order. CHILD WELFARE 76.

(1) An order of adoption shall not be made unless the judge is satisfied with the propriety of the adoption having regard to the welfare and interests of the child, and (

a) that the child has lived with the applicant for at least six months immediately prior to the day of the petition and that during that period the conduct of the petitioner and the conditions under which the child has lived have been such as in his opinion justify the making of the order, or (

b) that the applicant is a fit and proper person to have the care and custody of the child, and that it appears desirable and in the best interests of the child or for other good and sufficient reasons that the six months period of residence or any portion thereof b~ dispensed with.

(2) Where the Director certifies that the applicant is a fit and proper person to have the care and custody of the child and that it is desirable and in the best interests of the child, the six months period of residence required by subsection (1) may be dispensed with: 77. Where any application for an adoption order to gether with any required supporting material is not pre sented to the Court for consideration by the judge within one year from the signing of the application by the appli cant, it shall not be proceeded with, but another application may be made in place of it. 78. In considering an application for an adoption order the judge may require 79. (

a) the attendance of the applicant and of any other person thought to· have knowledge of any per:tinent fact, a.nd (

b) the production of all relevant documents. Where the judge is satisfied that (

a) the requirements of this Part have been sa'tisfied, and (

b) the order will be in the best interests of the child 52

CHILD WELFARE he may make an order for the adoption of the child in res pect of whom the application has been made. CHAP. 2 80.

(1) The adopted child shall assume the surname of Surname. the adopting parent unless the adoption order provides otherwise.

(2) In making an adoption order, the judge may, in Given name. his discretion, change the christian or given name or name:; as the adopting parent desires, and thereafter the adopted child is entitled to and is to be known by the name or names so given. 81. Where an adopted child was born out of wedlock, Crhilddo/ut k o we oc . that fact shall not appear in the adoption order. 82.

(1) The papers used upon an application for an adop- ~:tt1~!ntlal. tion order shall be sealed and filed in the office of the Court by the clerk of the Court and shall not be open for inspec- tion except upon an order of the Court or the written direction of the Commissioner.

(2) Where an adoption order has been made, all papers and and other material relating to the adoption which are held by the Director shall be retained by the Director in a sealed file and shall not be subject to inspec tion except with the consent of the Director or the Com missioner. 83. Within ten days after the making of an adoption Xotlce. order in respect of a child, the clerk of the Court shall transmit (

a) one cer.bified copy to the Director, and (

b) one certified copy or where the adopted child was born outside the Territory, two certi fied copies of the order to the Registrar General of Vital Statistics, together with such information as the Registrar General of Vital Statistics requires to enable him to carry out the requirements of the Vital Statistics Ordinance. STATUS OF ADOPTED CHILD. 84.

(1) For all purposes, as of the date of the making of an adoption order 53

CHAP. 2 CHILD WELFARE (

a) the adopted child becomes the child of th~ adopting parent and the adopting parent becomes the parent of the adopted child, and (

b) the adopted child ceases to be the child of the person who was his parent before the adoption order was made and that person ceases to be the parent of the adopted child, as if the adopted child had been born in lawful wedlock to the adopting parent.

(2) The relationship to one another of all persons whether the adopted child, the adopting parent, the kind red of the adopting parent, the parent before the adoption order was made, the kindred of that former parent or any other person shall, for all purposes, be determined in accordance with subsection (1).

(3) This

section applies and shall be deemed to have always applied with respect to any adoption made under any legislation heretofore in force, but not so as to affect any interest in property or right that has vested before the commencement of this section. 85.

In any will or other document, whether hereto fore or hereafter made, unless the contrary is expressed, a reference to a person or group or class of persons des cribed in terms of relationship by blood or marriage to another person shall be deemed to refer to or to include, as the case may be, a ·person who comes within the description as a result of his own adoption or the adoption of another person. 86.

An adoption effected according to the law of any province or territory of Canada or of any other country, or part thereof, before or after the commencement of this section, has the same effect in this Territory as an adop tion under this Ordinance. LIMITATION OF ACTION. Limitation. 87.

(1) No action or proceeding to set aside an adoption order shall be commenced after the expiration of one year from the day of the order, except on the ground that the order was procured by fraud and then it may only be set aside if it is in the interests of the adopted child to do so. 54

CHILD WELFARE

(2) Where an adoption order is set aside, the child ceases from the date of the setting aside of the order to be the child of the adopting parents and the adopting parent ceases to be the parent of the child from the same date, and the relationship to one another of the child and all persons is re-established as it was immediately befol'e the adoption order was made. APPEALS. CHAP. 2 88. An appeal lies to the Court of Appeal from an Appeal. order made under this Part. 89.

(1) Any person receiving a child into his home for Notltlcatlon the purposes of adoption other than through the Director, ~facement. shall, within thirty days of receiving the child, notify the Director in the prescribed form.

(2) Every person who fails to comply with this sec- Offence. tion is guilty of an offence and liable on

summary convic- tion to a fine of not more than one hundred dollars. 90.

(1) Except as provided by subsection (3), every per- Payment fin respect 0 son who gives or receives or agrees to give or receive any adoption. payment or reward either directly or indirectly (

a) in consideration of the adoption of a child under this Pa·rt, or (

b) in order to procure a child for the purposes of adoption is guilty of an offence and is liable on

summary convic tion to a fine of not more than $500.00 or to imprisonment for a term of not more than six months or to both fine and imprisonment.

(2) No prosecution for an offence under subsection Leave (1) shall be commenced without the leave in writing of the Commissioner.

(3) The Director may enter into an agreement with AbgreDelmentt y rec or any person providing for the payment to such person of money as expenses or maintenance of an adopted child. 55

CHAP. 2 CHILD WELFARE

PART V GENERAL PROVISIONS. JURISDICTION. Jul'isdlctlon. 91. The powers duties and functions conferred by Effect or order. Justice unable to act. Hearings to be private. Child may be excluded. Other premises. this Ordinance upon a judge or justice in the Territory are exercisable notwithstanding that (

a) any party to the proceedings or any child to whom the proceedings relate is not domi· ciled in the Territory, and (

b) any child to whom the proceedings relate was not born in the Territory. 92. An order made by a justice under this Ordinance may be filed in the Court and, except where the judge has made an order staying proceedings under

section 54, has the same effect, and all proceedings may be taken thereon, as if the order were an order obtained in the Court. 93. Where a justice with whom an affidavit, petition or other document instituting proceedings under this Or dinance has been filed is absent, or unable to act, or re quests the substitution for him of another justice, another justice may act in his stead. PROCEDURE. 94.

(1) All proceedings under this Ordinance shall be heard by the judge or justice in private and no persons other than the officers of the Court, the parties, the parents of the child in respect of whom the proceedings are being taken, their counsel and such other persons as the judge or justice in his discretion expressly permits, shall be present at the hearing.

(2) Except where it is necessary for the child in respect of whom a hearing is being held under this Ordin. ance to be present at the hearing in order to be identified or to give evidence, the judge or justice may exclude him from the room in which the hearing is being held.

(3) Where a child is brought before a justice during any proceedings instituted under this Ordinance the justice 56

CHILD WELFARE shall hold the hearing where practicable in premises other than the ordinary police court premises. REGULA liONS. CHAP. 2 95. The Commissioner may make regulations Regulations (

a) governing the duties of the Director and any 00. other official appointed under this Ordin- ance; (

b) prescribing rules under which applications under this Ordinance are to be made and dealing generally with all matters of pro cedure under this Ordinance; (

c) fixing fees, costs, charges and expenses pay able on proceedings under this Ordinance and for dispensing with the payment of such fees, costs, charges and expenses where owing to lack of means or for any other reason the judge considers such action advis able; (

d) requiring and regulating the records to be kept and the reports to be made to the Com- missioner; (

e) prescribing forms and providing for their use; and (

f) respecting any matter he deems necessary or advisable to carry out effectively the intent and purpose of this Ordinance. The following Ordinances are repealed: (

a) the Adoption Ordinance; (

b) the Illegitimate Children Maintenance 01· dinance; and (

c) the Protection of Children Ordinance. 57 RepeaL

CHAP. 3

Short Title. ALCOHOLIC LIQUORS

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1970 (First Session) AN ORDINANCE TO PROVIDE FOR GOVERNMENT CONTROL AND SALE OF ALCOHOLIC LIQUORS (Assented to January 22, 1970) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as foll'ows:

SHORT TITLE. 1.. This Ordinance may be cited as the Liquor Or- dinance.

INTERPRETATION.

Definitions 2.

(1) In this Ordinance, "Analyst" (a) "analyst" means an analyst designated for "Board" "Director" "Inspector" "Licence" "Licensed Premises" the purposes of the Food and Drugs Act or an analyst employed by the Government of Canada or a government of a province or territory and having authority to make analysis for public purposes; (b) "bedroom" means a furnished and serviced bedroom regularly available for the accom modation of the travelling public; (c) "beer" means any beverage obtained by the alcoholic fermentation of an infusion or de..; coction of barley, malt, hops, or any similar product in drinkable water; (d) (e) (f) (g) (h) 58 "Board" means the Yukon Liquor Board; "Director" means the Director of Liquor Control; "inspector" means a person appointed as an inspector under this Ordinance; "Licence" means a licence issued under this Ordinance; "licensed premises" means premises in res pect of which a licence has been granted antI includes any building or other place apper taining to such premises;

ALCOHOLIC LIQUORS CHAP. 3 (i) "Licensee" means a person named as a "Licensee" licensee in a licence; (j) "liquor" means "Liquor" (

i) alcohol and alcoholic, spirituous, fer- mented malt or other intoxicating liquor, or a combination or mixture thereof; (ii) a mixed drink part of which is ferment- ed spirituous, vinous, or otherwise in toxicating; and (iii) any other intoxicating drink, drinkable liquid, preparation or mixture that is fit for human consumption; (k) "package" means any container, bottle, ves- "package" sel .or other receptacle used for holding liquor; (1) "public place" means "public plnce" (

i) a place or building to which the public has access; (ii) a place of public resort; and (iii) any conveyance in a public place; (m) "residence" means (

i) a building or part of a building that is actually and bona fide occupied and used by the owner, lesee or tenant solely as a private dwelling together with the lands and buildings appurtenant thereto that in fact 'are normally and reason ahly used as part of the living accom modation; (ii) a private guest room in a hotel or motel that is actually and bona fide occupied as such by a guest of the 'hotel or motel; (iii) a camper unit, trailer or tent that is actually and bona fide occupied by the owner, lessee or tenant as a private dwelling together with the lands im mediately appurtenant thereto that in fact are reasonably used as part of the living accommodation; or 59 "resldence'·

CHAP. 3 ALCOHOLIC LIQUORS "Sale" "Splrlts" "Vehicle" "Wine" Alcohol content. Yukon Liquor Board. Acting )[ember. (iv) a vessel that is actually and bona fide used by the owner, lessee or tenant as a private dwelling; (n) "sale" in relation to liquor includes exchange, barter or traffic and the selling, supplying or distribution by any means of liquor (

i) by an partnership or by any club wheth er incorporated or unincorporated, or (ii) to any member of such partnership or club; (0) "spirits" means any beverage that contains alcohol obtained by distillation, mixed with drinkable water and other substances in solution and includes brandy, rum, whisky, gin and vodka; (p) "vehicle" means any means of transportation by land, water or air and includes any motor car, automobile, truck, tractor, aero plane, vessel, boat, launch, canoe or any other thing used in any way for such trans portation; (q) "wine" means any liquor obtained by the fermentation of the natural sugar contents of fruit, including grapes, apples, berries 01' any other agricultural product containing sugar including honey and milk;

(2) For the purpose of paragraph (

i) of subsection (1), any liquor that contains more than two and one-half per cent by volume at 60 degrees Fahrenheit of absolut~ alcohol shall be deemed to be intoxicating. YUKON LIQUOR BOARD. 3.

(1) There shall be a board to be known as the Yukon Liquor Board consisting of three members appointed by the Commissioner to hold office during pleasure.

(2) In the event of the absence or incapacity of Cl member of the Board, the Commissioner may appoint n person to take the place of that member for such period of time as he deems fit. 60

ALCOHOLIC LIQUORS CHAP. 3 4. The Commissioner shall fix (

a) the remuneration to l>e paid to the members n~~~unera of the Board·, and (

b) travelling and living expenses to be paid to the members of the Board in connection with the performance of their duties when absent from their ordinary place of residence. 5. The Board shall choose a member from amongst 8!'ea~~~~.of their number to be the Chairman thereof. G.

(1) No member shall be directly or indirectly inte- R~~~~~~n rested or engaged in any business or undertaking dealing ~~~~yees in liquor in the Territory prohIbIted. (

a) as owner, part owner, partner, member of a syndicate, shareholder, agent or employee, or (

b) for his own benefit or in any capacity for some other person.

(2) No member of the Board and no person appoint- ~fcceptance ed pursuant to

Section 8 shall solicit or receive directly ~~~emunera or indirectly any commission, remuneration or gift of any prohibited. kind from a person or corporation having sold, selling or offering liquor for sale to the Director pursuant to this Ordinance, or from any applicant for a licence. POWERS OF COMMISSIONER. 7. The Commissioner may (

a) establish and operate liquor stores and ware houses; (

b) fix the price at which the various classes, varieties and brands of liquor may be sold at liquor stores; . (

c) prescribe the nature of seals to be used on packages of liquor purchased and kept for sale under this Ordinance; (

d) control the advertising of liquor; and (

e) issue licences to sell liquor under this Or dinance. 61

CHAP. 3 Appoint ment. Duties and remunera tion Powers of Director. ALCOHOLIC LIQUORS 8.

(1) The Commissioner may appoint (

a) a Director of Liquor Control; (

b) such vendors as are necessary for the sale of liquor at liquor stores; (

c) such inspectors as are necessary for the en forcement of the provisions of this Ordin ance; and (

d) such other persons as he deems necessary for the administration of this Ordinance.

(2) The Commissioner may prescribe the duties of the persons appointed under subsection (1) and fix their remuneration. POWERS OF DIRECTOR. 9.

(1) The Director shall, under the direction of the Commissioner, administer this Ordinance and supervise the employees of the Department of Liquor Control.

(2) Subject to the Commissioner, the Director may (

a) determine the nature, form and capacity of the packages to be used for containing liquor kept for sale and sold under this Ordinance; (

b) determine the classes, varieties and brands of liquor to be kept for sale in liquor stores; (

c) purchase, have in his possession and under his control for sale and sell liquor; (

d) control the possession, sale,· consumption, transportation and delivery of liquor in ac cordance with the provisions of this Ordin ance; (

e) provide for the keeping in and delivery of liquor to or from any liquor store or ware house established under this Ordinance, and procuring of all furniture, fixtures and sup plies; (

f) fix the days and hours at which any liquor store shall be kept open for the sale of liquor; (

g) issue and distribute price lists showing the price fixed by the Commissioner to be paid for each class, variety or brand of liquor kept for sale in liquor stores; and 62

ALCOHOLIC LIQUORS (

h) fix the days and hours where, and the man ner, method and means by which liquor may be delivered or may be lawfully conveyed or carried and fix the charges and method of payment for delivery or sale of liquor. DUTIES OF VENDOR. CHAP. 3 1.0.

(1) The sale of liquor at each Uquor store shall be Duties of vendor. conducted by an employee to be called the vendor.

(2) The vendor, under the supervision of the Direc tor, is responsible for the proper observance of this Or dinance and the regulations in so far as they relate to the conduct of the liquor store and the sale of liquor thereat. GENERAL. 1.1. The whole amount of all monies derived from Liquor • Account. the sale of hquor by vendors shall, as directed by the Com- missioner,be deposited to the credit of the Yukon Consoli dated Revenue Fund in a special account designated as the "Liquor Account". 12.

(1) From and out of the Liquor Account there may ~d~I~~:~r:~ be paid all expenses incurred in the administration of this t1on. Ordinance, including, without limiting the generality of the foregoing; (

a) the cost of all liquor ·purchased pursuant to this Ordinance; (

b) the cost of transporting, storing and insur ing such liquor; (

c) the rental of lands, buildings or equipment required for storing liquor, liquor stores, offices andl the cost of maintaining such lands, buildings or equipment, including in surance there on ; (

d) the costs of administering offices and liquor stores, including the rental of equipment, furniture and supplies; (

e) the remuneration of ·persons appointed under this Ordinance for the administration of this Ordinance and the payment of their neces sary travelling and removal expenses; 63

CHAP. 3 ALCOHOLIC LIQUORS Inspection of records

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1970
Type	statute
Volume / chapter	1970
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	dc521ad4f2edc216b1581146e9d14318c10adb29

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