Yukon Ordinances, 1949 — Ordinance respecting Provide For The Imposition and Collection of a Tax; The Old Age Pensions Act
Yukon Ord. 1949
Yukon — Historical Statutes
ORDINANCES OF THE YUKON T(RRIIORY PASSED BY THJ! YUKON COUNCIL IN THE YEAR 1949 J. E. GIB BEN, K. c., COMMISSIONER Printed and Publl.hed for the Government of the Yukon Territory Undtr Authority of
Chapter 76 of the Consolidated prdlnances of 1914 by Waiter A. Wardrop, King's Printer.
ORDINANCES OF THE YUKO~ TlRRITORY PASSED BY THE 'YUKON COUNCIL '-IN THE YEAR 1949 J. E. GIBBEN, K. c., COMMISSIONER Printed and Published for the Government of the Yukon Territory Under Authority of
Chapter 75 of the Consolidated Ordinances of 1914 by Waiter A. Wardrop, King's Printer.
TABLE OF CONTENTS- Chap. 1. An Ordinance to Provide For The Imposition and Collection of a Tax on GQtsoJi.ne and Diesel Oil ....... . 2. An Ordinance to Provide For Old Age and mind Pensions ................................................................................... . 3. An Ordinance to Amend "An Ordinance Respecting the Council of the Yukon Territo,ry" ............................ . 4. An Ordinance to Amend "T'he Government Liquor Or- dinance." ................................................................................. . 5.
An Ordinance to Amend "The ISale of Beer Ordi'n- a.nce" ......................................................................... : .............. . 6. An Ordinance to Amend "The Hospitals Ordinance". 7. An Ordinance to Amend "An Ordinance Respec,ting The Office Of Public Ad·ministrator" ............................ . 8. An Ordinance to Amend "T-he M'Otor Carrier Ordin- ance", ....... __ ............................................................................... . 9.
An Ordinance to Amend "The ·Motor Vehicle 'Ordln- ance". . ............. ~ ........................................................................ . 10. An Ordinance to Amend "T'he Yuk()n Game Ordin- ance" ........................................................................................ . 11. An Ordinance F·or Granting To The Commissioner Certain Sums of Money To Defray 'The Expenses of The Pu'illic Service 0'( The Territory ........................ . 12. An Ordinance to Amend "The Yulron Territorial Public Service Ordinance" ................................................ . 13.
An Ordina'nce To Facilitate The IncolWOration of Societies For Provident And Ot,her Useful Purposes and To Provide For Their Regu1a.tion ............................ . 14. ~n Ordinance For Granting To 'The Ooomomissloner Certain Sums of Money To Defra.y The ExpellJses of The Public Service of T·he Territory And The City of Dawson .............................................................................. . Page. 1·5 6·9 10·11 12-14 15 16 17·1f1 20 21-22 23·25 26-27 28·29 30·51 52·58
CHAPTER 1 AN ORDINANCE TO PROVIDE FOR THE IMPO SITION AND COLLECTION OF A TAX ON GASOLINE AND DIESEL OIL (Assented to April 8, 1949.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be cited as ~he "Gasoline and
Short title Diesel Oil Tax Ordinance." 2. In this Ordinance: "Gasoline" means the liquid derived from petroleum or natural gas lighter than .8236 specific gravity (40.3 A. P. I.) at sixty degrees Fahrenheit commonly known or sold as gasoline. "Diesel Oir' means the liquid derived from petroleum or natural gas of .8236 specific gravity (40.3 A. P. I.) or heavier at sixty degrees Fahrenheit commonly known or sold as diesel or twenty seven plus oil.
"Importer" means any person who brings gasoline or diesel oil into the Territory whether for his own use or for sale to or for the use of any other person and includes a motor carrier or private motorist bringing into the Ter ritory a greater quantity than fifty gallons of gasoline or diesel oil in any ~arrels, auxiliary tanks or other receptacles, for his own use in his own motor vehicle. Interpreta tion.
Tax paid by Importer TRX remlttE'd monthly lmp()rte"',; !".;:rITlon Partlcul" .. s to be shown by vendm's Tax to be paid by lIser~ 2 GASOLINE AND DIESEL OIl. TAX ORDINANCE "Purchaser" means any person who within the Terri tory purchases gasoline or diesel oil when sold after it:; importation into the Territory. "Vendor" means any person, including an importer, who within the Territory sells gasoline or diesel oil after its importation into the Territory. 3.
Every importer. shall pay to the Territory a tax equal to six cents per Imperial gallon of all gasoline an!"i diesel oil used or sold by him, which tax shall be levied and collected in the manner provided by this Ordinance. 4 .. Every importer shall on or before the fifteenth day of the month next following that in which the sale or use of any gasoline or diesel oil takes place pay over to the Ter ritorial Treasurer the full amount of the tax thereon. 5.
Every importer shall with each monthly payment furnish to the Territorial Treasurer a return showing all imports of gasoline and diesel oil made by him during the preceding month which return shall be in su.ch form as the Territorial Treasurer may from time to time prescrib(~ for such purpose. 6. Every vendor shall .in every account or invoice" fur nished by him with respect to any sale of gasoline or diesel oil made by him state the date of sale, the number of gallons of gasoline or diesel oil sold, the price per gallon, the rate of tax per gallon and the total tax. 7.
Every person other than an importer who keeps or has in his possession or under his control for use or con sumption by himself, his family, agent or employee, or in any business or occupation in which he is interested or employed, any gasoline or diesel oil respecting which n0 tax has been paid under this Ordinance, or any part there of, shall pay. to the Territory a tax equal to six' cents per Imperial gallon of the gasoline or diesel oil. (:2) No person shall use or consume any gasoline: or
GASOLINE AND DIESEL. OIl., .TAX ORDINANCE 3 diesel oil unless a tax has ben paid in respect thereof lInder this Ordinance.
(3) Every person who uses or consumes any gasoline or diesel oil in violation of the provisi9ns of this
section shall be guilty of an offence against this Ordinance.
(4) In any prosecution· for failure to pay the tax im· posed by this section, the burden of proving that a tax has been paid in respect of the gasoline or diesel oil used or consumed shall be upon the defendant. 8. The Territorial Treasurer, every agent authorized by him in wriitng for that purpose, and every member of the Royal Canadian Mounted Police, may without warrant enter upon any premises on which he has cause to believe that any gasoline or diesel oil is kept or had in possession, and may inspect the premises and all gasoline or diesel oil foundthereon, and may interrogate any person who is found on the premises or who owns, occupies or has chargl: of the premises.
(2) Every person interrogated under this
section who refuses to answer any question put to him respecting the gasoline or diesel oil kept or had on the premises, or who fails to produce for inspection any book, record or docu· ment, or any barrel, tank or receptacle in his possession or under his control which he is required to produce for the purpose of inspection, shall be guilty of an offence against this Ordinance. 9. Every importer who in violation of
section 4 fails Inspectloll ", premises to pay over any tax imposed by this Ordinance, or who in Oftcllt't' violation of 'section 5 fails to furnish any return required under that section, and every vendor who violates any pro- vision of
section 6, shall be guilty of an offence against this Ordinance. 10. Every person guilty of an offence against this Ord- Pell:t1t~· inance shall be liable on
summary conviction, to a fine not
I:erlllld o£ tax in cer·· L"lin case!!' Bxcmpt from tax 4 G .... SOLINE AND DIESEL OIL TAX ORDINANCE exceeding five-hundred dollars, and in default of payment to imprisonment for a term not exceeding three months, and each day's continuance of the act or default out of which the offence arises, shall constitute a separate offence; but nothing contained in this
section nor the enforcement of any penalty thereunder shall suspend or affect any rem edy for the recovery of any tax or amount payable under this Ordinancp,. It. 'Vhere any gasoline or diesel oil in respect of which a tax imposed by this Ordinance has been paid is used by any person for any of the foIlowingpurp~ses: (
a) For the operation of stationary engines, fixed to a solid, non-movable foundation; (
b) For the operation of portable engines used ex clusively for the operation of dredging,. drilling and dragline in mining operations; (
c) For the operation of any tractor; (
d) For the operation of railway cars and other motor vehicles running only upon rails; and when the person by whom the gasoline or diesel oil is sO used produces to the Territorial Treasurer within six months a fter the date on which the gasoline or diesel oil was purchased from the vendor or imported by the user, satisfactory proof, in the manner prescribed by the Terri torial Treasurer, of the payment of the tax, and of the use or consumption of the gasoline or diesel oil, the Territorial Treasurer shall refund an amount equal to six cents per lmperial gallon of the quantity of gasoline or diesel oil So used. 12. Gasoline and diesel oil used in: (
a) Any equipment owned by any Department of the Government of Canada, of the Government of. the
GASOLINE AND DIESEL OIL TAX ORDINANCE 5 Yukon Territory or of the Government of the United States of America; (
b) any aeroplane; shall not be subject to the tax imposed by this Ordinance. '13. This Ordinance shall come into effect on the first day of May, 1949, and all gasoline and diesel oil imported beginning with that day shall be subject to the tax imposed by this Ordinance. 14. "The Gasoline Tax Ordinance", being
Chapter 6 of the Ordinances of the Yukon Territory, 1940, is hereby repealed; provided, however, that every vendor shall con tinue to levy and to collect and to transmit the tax imposed under the provisions of that Ordinance and to make the return required by the provisions of that Ordinance in res pect of all gasoline sold by him which was imported on or before the thirtieth day of April, 1949. Effective date Repeal
·
Short title Scheme of pensions OIrl Age PenRions Board 6 OLD AGE AND BLIND PENSIONS ORDINANCE
CHAPTER 2 AN ORDINANCE TO PROVIDE FOR OLD AGE AND BLIND PENSIONS ( Assented to April 8, 1949.) The Commissioner of the Yukon Territory, by and with rhe advice and consent of the Council of the said Territory, enacts as follows: 1. This Ordinance may be cited as the "Old Age and 1;llind Pensions Ordinance," 2. The Commissioner of .the Yukon Territory may: (
a) enter into an agreement with the Minister of N a tional Health and Welfare as to a general scheme of pensions in the Yukon Territory, pursuant to the pro visions of "The Old Age Pensions Act," being Chap ter 156 of the Revised Statutes of Canada, 1927, as amended, herein called the Dominion Act, and for the quarterly payment by Canada of the tot'al of the a,mounts Canada is authorized, under sections 8 and 8A of the Dominion Act, to contribute in respect of pensions paid during the preceding quarter by the Gov ernment of the Yukon Territory pursuant to this Ord- 'inance, to the persons and under the conditions speci fied in the Dominion Act and the regulations there under; i.
b) by order, authorize and provide for the payment of pensions under the conditions specified in this Ord inance and the regulations hereunder and in the Dom inion Act and the regulations thereunder. 3. This Ordinance shall be administered by a Board to be known as the "Old Age Pensions Board." '
OLD AGE AND BLIND PENSIONS ORDINANCE 7
(2) The Board shall consist of two members who shall be appointed by the Commissioner in Council, and the Ter ritorial Treasurer. "
(3) The Commissioner shall designate the chairman of the Board. ( 4 ) In the absence of the chairman or in the case of his inability to act, any other member may act as chairman. (5) \Vhere a member appears to have acted for or instead of the chairman, it shall be conclusively presumed that he so acted for onc of the reasons mentioned in the preceding subsection.
(6) In the case of illness or absence from the Terri tory of a member or of his inability to act from any ca~se, the Commissioner may appoint some person to act pro tempore in his stead and the person so appointed shall ha~e all the powers and perform all the duties of a mem ber. This subsection shall apply in the case of the chairmar. as well as in the \.:ase of any other member.
(7) Two members shall constitute a quorum of the Board. 4. It shall be the duty of the Board: (
a) to receive" applications for pensions; and (
b) to determine the eligibility of each applicant fOi pension and, where the applicant is eligible, to deter, min'e the amount thereof and direct payment accord ingly. 5. Without the consent of the Commissioner no action shall be brought against the Board or any of its members or officers, clerks or servants for anything done or omitted in the exercise or purported exercise of any duty or power under this Ordinance. DUlY of Board No action V!:I membl'rs
l'~llslol\er not dlslIUIlII tIed as VUter Pension exempt Sum ot pE'n slnn pay ment mal" he recoverE'd from eslnt.e Approprla ttons 8 OLD AGE AND BLIND PENSIONS ORDINANCE 6. The receipt of a pension under the provisions of this Ordinance shall not by itself disqualify any person from voting at any Territorial or municipal election. 7. Every pension granted under the provisions of this Ordinance shall be exempt from Territo:-ial and municipal taxes and shall not be subject to garnishment or attachment or seizure or any legal process and shall not be assignable. 8.
The Board is hereby authorized to recover out of the estate of any deceased pensioner, as a debt due by the pensioner, the sum of the pension payments made to such pensioner from time to time.
(2) No claim shall be made by the Board for. the re covery of such debt directly or indirectly out of any part of the pensioner's estate that passes by will or on any in testacy to any other pensioner, or to any person who, since the grant of such pension or for the last lhree years during which such pension has continued to be paid, has contri buted regularly to the support of the pensioner by the payment of money or otherwise to an extent which, having regard to the means of the person so having contributed, is considered by the Board to be reasonable. (3 ) Notwithstanding any other provisions of this Ord inance, any sum of money improperly paid by way of pen sion to or on behalf of a penSioner, whether as a result of non-disclosure of fact, innocent misrepresentations, false representations or any other cause, shall be a debt due the Government of the Yukon Territory and may be recovel"ed at any time with interest at the rate of five per centum per annum. 9.
In the absence of any special appropriation of the Council of the Yukon Territory available for the purposes of this Ordinance, all moneys necessary to meet the pen sions payable under the provisions of this Ordinance and the salaries and expenses necessarily incurred· in the ad ministration of this Ordinance shall be paid out of the General Revenue Fund of the Yukon Territory.
OLD AGE AND BLIND £ENSIONS ORDINANCE 9 10. All accounts incurred in the. administration of this Ordinance shall be made up quarterly, and in every case the Board shall prepare a balance sheet and statement of account and sUQmit the same to the Commissioner for his certification.
(2) Copies of such balance sheets;and statements of accounts shall be forthwith laid before the Council of the Yukon Territory if ·it .. ~s then in session, and if not then in session shall be la·ld before the Council within fifteen days aft~r the· opening of the next session. 11. The Board may make such, regulations, not incon sistent ·with the provisions of this ·Ordil~ance with regard to the scheme ·of pensions herein provided for as may be. considered necessary for the proper administration of this Ordinance and for regulating expenditures to. be made thereunder.
(2) No regulation by reference to which any agree ment under this Ordinance has been made shall be altered, nor shall any change be made in any scheme for the admin istration of pensions without the consent of the Governor in Council. 12. "The Old Age Pension Ordinance," being
Chapter 11 of the Ordinances of the Yukon Tc:rritory, 1948, is hereby repealed. Accounts Regulations
Memher~ 10 COUNCIL {JF TIlt YUKON TERRITORV ORDINANCE
CHAPTER 3 AN ORDINANCE TO AMEND "A~ ORDINANCE RESPECTING THE COUNCIL OF THE .' YUKON TERiRITORY" (Assented to April 8, 1949.} The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "An Ordinance Respecting the Conncil 0 f the Yukon Territory," being
Chapter 23 of the Consolidated Ordin ances of the . Yukon Territory, 1914, with amendmerits thereto, is hereby amended by striking out sections 1- and 8 of the said Ordinance and substituting the following therefor: . Indemnity "7 There shall be paid to each member of the Yukon Council (
a) one thousand dollars in respect uf each session of the Council at which that member is in attendance: and (
b) the actual travelling expenses incurred by that member in· travelling from his place of residence to the place where the Council holds its session and rp turning therefrom, but no such payment shall be made in respect of more than one return trip for each ses sion of the Council; and (
c) an allowance. for living expenses, not exceeding ten dollars for each day in which the Council is in session, but the amount that is paid-to any member of the Council pursuant to this paragrap'h shall not exceed two hundred dollars in respect of any one ses~ gion.
COUNCIL OF THE YUKON TERRITORY ORDINANCE 1 t Provided, however, that .a 'deduction at the rate of ten dollars per day shall be made from such sum so payable to any member for every day of each session of the Council nnd for every meeting of any committee of such Council of which notice has been given and on which such member does not attend.. ' ' , 8. Such indemnity may be paid from time to time as any member of the Yukon Council becomes entitled to the same." 2. This Ordinance shall be deemed to have come into force Dn the first day of April, 1948. Proviso When paid Retroacth'e ~rr('ct
Sale to purchaser personally Sale pro· hlblted I" certain cases 12 THE GOYERNl\fENT LIQUOR ORDINANCE
CHAPTER 4 AN ORDINANCE TO AMEND "THE GOVERNMENT LIQUOR ORDINANCE" (Assented to April 8, 1949.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. "The Government Liquor Ordinance," being Chap ter 1 of the Ordinances of the Yukon Territory, 1921, (Second Session), with amendments thereto is hereby <1. mended by striking out
Section 7 thereof and substituting the foHowing: "7. The vendor may sell to any person such liquor as that person is entitleo to purchase under the then existing regulations but delivery of such liquor shall not be made until the purchaser has given to the vendor an order in writing dated and signed by the purchaser stating the na ture and quantity of the liquor ordered and has paid for the liquor delivered in cash. ( 2) No liquor shall be sold nor shall any liquor be delivered to: (
a) a person under the age of twenty one years; (
b) any person under the influence of liquor; (
c) an Indian; (
d) any interdicted person. Sale to
(3) A vendor may accept from a person who is resi- purchaser on d ·d h .. I b d· f D Wh· wrlttell ent outSI e t e terntona oun anes 0 awson, Ite- order h d M . d . d orse an ayo as presently constitute , a Written or er for the purchase of such liquor as such person is entitled to
THE GOVERNMENT LIQUOR ORDINANCE .13 purchase under the then existing regulations without re quiring the personal appearance of such person; provided that such order is accompanied by evidence establishing the identity of such person to the satisfaction of the vendor and payment in the form of cash, certified cheque, money order or postal note of such amount as will cover the cost of the liquor ordered together with the express or postal delivery charges of the shipment and the vendor may make delivery of such liquor, at the' sole risk of the purchaset·, to the person presenting the order or in a prepaid package consigned to the purchaser at· the address set out in his order to the nearest postal or express office." 2.
The said Ordinance is amended further by striking out sections SA, SB, SC, SD, 8E, SF and SG thereof. 3. The said Ordinance is amended further by striking out Sections 19A thereof and substituting the following: "19A.
Notwithstanding anything to the contrary con· tained in this Ordinance, or the regulations, a vendor upon application therefor by an individual in charge of the organization of a banquet or any recognized society, as sociation, club or other duly constituted organization, whe ther incorporated or not, may issue a special permit to such individual or organization authorizing the sale of sufficient liquor to satisfy the requirements of the said banquet.
(2) The issue of the special permit shall be subject to the following requirements and limitations: (
a) the filing of an application with the vendor in such form as may be prescribed by the Commissioner on or before the date of issue of the said special permit; (
b) the payment of a fee of two dollars for the special permit; (
c) No permits to be issued for banquets to be held on Pro\"l!'o BanquE" pE'rm.ll
14 THE GOVERNMENT LIQUOR ORDINANCE Sundays or days when the liquor stores arc required to be closed by law; (
d) the granting of such permit to be in the discretion of the vendor subject to appeal to the Superjnt(~ndent of Liquor Control."
THE SALE OF BEER ORDINANCE
CHAPTER 5 AN ORDINANCE TO AMEND ''THE SALE OF BEER ORDINANCE" 15 (Assented to April 8, 1949.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council 8f said Territory, hereby enacts as follows:
Section 22 of "The Sale of Beer Ordinance," being
Chapter 2 of the Ordinances of the Yukon Territory, 1925, with amendments thereto, is amended by adding thereto· the following: "
(2) No sale or other disposal of beer shall take place Prohibited in any licensed premises on Good Friday or on Christm'as days Day."
"Frt>e p:ttlent" Proviso 16 THE HOSPITALS ORDINANCE
CHAPTER 6 AN ORDINANCE TO AMEND "THE HOSPITALS ORDINANCE" (Assented :0 April 8, 1949.) The Commissioner of the Yukon Territory, by and witla the advice and consent of the Council of said Territory, enacts as follows: 1. "The Hospitals Ordinance," being
Chapter 43 of the Consolidated Ordinances of the Yukon Territory, 1914, and amendments thereto is amended by striking out Sub
section 1 of
Section 2 of the said Ordinance and substitut ing the following therefor: "1. The expression "free patient" means every person admitted to a hospital for actual treatment and stay- on the direction of the Territorial Treasurer or a Territorial Agent and the cost of whose treatment and stay is under taken by the Government of the Yukon Territory." 2. The said Ordinance is further amended by adding at the end of Subsection 2 of
Section 4 thereof the fol lowing: "Provided, however, that such· aid shall not be granted in respect of any partially free patient until there has been filed with the Territorial Treasurer in respect of such patient a certificate of the attending physician that each . day of such treatment and stay was necessary and an ap plication on behalf of the hospital for such aid with evi dence which satisfies the Territorial Treasurer that the hospital has made every reasonable effort to collect from such patient the full cost in money's worth of his treatment and stay and stating the reasons why such full cost could not be collected and the amount which was so collected."
PUBLIC ADMINISTRATOR ORDINANCE 17
CHAPTER 7 AN ORDINANCE TO AMEND "AN ORDINANCE RESPECTING THE OFFICE OF PUBLIC ADMINISTRATOR" (Assenled to April 8, 1949.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. Sections 3 and 4 of "An Ordinance respecting thl: Office of Public Administrator," being
Chapter 74 of the Consolidated Ordinances of the Yukon Teritory, 1914, are hereby repealed and the sections following substituted there for : "3.
When any person dies leaving property within the Yukon Territory, whether testate or intestate, and his lands, personal estate and effects within the Yukon Terri tory, have not been taken possession of by his executors or next of kin, the Public Administrator is hereby empowered, and it shall be his duty when the facts are brought to his notice, forthwith to take possession of the said lands, per sonal estate and effects and the same to safely keep, pre serve and protect and pending the granting of letters pro bate to an executor or the issue of letters of administra tion by the proper court in that behalf, the Public Admin istrator shall be the administrator or the administrator with the will annexed, as the case may require, of the estate ;lnd shall have without grant of letters of administration in respect to such estate all the rights, powers, privileges and authority and shall perform all the duties incumbent upon and shall be subject to all the liabilities of an admin-· istrator or executor acting under the authority of letters of administration or letters probate.
Puulie .-\<1. ministrator to fldrllini~le!" until some other person appointed
Public Ad mln)"tr:ltor and R. C. M. P. to be notified of death Custudy .. t' e,teels 18 PUBLIC ADMINISTRATOR ORDINANCE "4. Any person or persons in whose charge or care or· upon whose premises any person dies shall forthwith com municate to the Public Administrator or the officer or con stable commanding the post of the Royal Canadian Mount ed Police nearest the place where such death occurred, all of the facts within -his ... or their knowledge, information or belief pertaining to: , : a) . the death b); the name. and age and nationality of the deceased
c) the place of residence and the domicile of the de ceased
d) whether or not the deceased left a will and, if so, where the same may be found (') the names and addresses of the executors,. if any, and of the next of kin of the deceased
f) what person or persons are in charge of the lands, personal estate and effects of the d\!ceased.
(2) H there be no executor or next of kin competent and willing to take charge of the lands, personal estate and effects of the'deceased, the person or persons having cust ody of the moneys, goods, chil.ttels, books, documents, pap ers and effects belonging~Q the estate of the deceased forthwith shall deliver the same to the Public Administrator or such officer or constable and shall also advise the Public Administrator or such officer or constable of all facts with in his or their knowledge, ,information or bdlief touching the property both real and ,personal and the liabilities of the deeeased. Penalty ,
(3) Any person neglecting to comply with' the provi " sions of this
section sha'l be liable upon
summary conviction before a justice of the peace to a fine no.t exceeding fiw hundred dollars and not less than fifty dollars with costs."
PUBLIC ADMINISTRATOR ORDINANCE 19 2. The said Ordinance is further amended by inserting the
section following immediately after
Section S thereof: "SA. In the absence of any application for probate of a will or for letters of administration within thirty days after the death of any person leaving property within the Yukon Territory, the Public Administrator is hereby em powered and it shall be his duty, when the facts are brought to his notice, to enter upon the administration of the estate of the said deceased, whether or not he has been requested to do so by some person interested in the estate." Aftcr 30 days Public AdmInIstra tor must act
20; THE MOTOR CARRIER ORDINANCE
CHAPTER 8 AN ORDINANCE TO AMEND '"THE MOTOR CARRIER ORDINANCE" (Assented to April 8, 1949.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. "The Motor Carrier Ordinance," being
Chapter 8, of the Ordinances of the Yukon Territory, 1947, is amend ed by adding to Subsection 2 of
Section 33 thereof, the following: "(
j) The Commission as constituted by the foregoing provisions of this
section from time to time may appoint in writing such further and other pers.ons to be members of the Commission as it may deem to be necessary to carry ol:lt th.e provisions of this Ordinance." 2. The said Ordinance is further amended by striking out the word "Every" where the same occurs in the first line of
Section 52 thereof and substituting therefor the words "Subject to the provisions of Subsection 2 hereof, every," and by adding to the said
section the following: "( 2) The Commission in its discretion may dispense with the publication in the Gazette of any regulations of general application and by order may provide at what date any regulations, not so published shall come into opera tion.
THE MOTOR VEHICLE ORDINANCE 21 OHAPTER9 AN ORDINANCE TO AMEND "THE MOTOR VEHICLE ORDINANCE" (Assented to April 8, 1949.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. "The Motor Vehicle Ordinance," being
Chapter 2 of the Ordinances of the Yukon Territory, 1947, is amend ed by adding to
Section 2 thereof the following: "(g) "Commission" means the Highway Commission constituted under the provisions of "The Motor Carrier Ordinance," being
Chapter 8 of the Ordinances of the Yu kon Territory, 1947." 2. The said Ordinance is further amended by striking out the words "or village" wherever the same occur in Sub·
section 2 of
Section 34 and substituting therefor the words "village or area designated by the Commission as a speed limit zone." . 3. The said Ordinance is further amended by adding to
section 34 thereof the following: "( 4 ) The authority having jurisdiction over an area d~signated as a speed limit zone under subsection 2 hereof shall erect and maintain signs at such places as are necessary to indicate to drivers of motor vehicles the area or areas which come within the said subsection 2, and it shall be sufficient compliance with this subsection if there are erected: (a)· at a distance of five hundred feet before the be ginning of the area a sign bearing the words "Designated Area Ahead - Speed Limit 25 Miles per Hour",. and Signs at speed limit zone
Speed limit In sct.'Ool vicinity 22 THE MOTOR VEHICLE ORDINANCE
b) at the beginning of the ar~a a sign bearing the words "Designated Area - Speed Limit 25 Miles per Hour", and (
c) at the end of the area a sign hearing the words "End of Designated Area."
(5) Notwithstanding anything contained in the p·re ceding subsections hereof any person driving a motor ve hicle upon a highway at a greater rate of speed than fifteen miles per hour when passing an institution for the care or maintenance of children or othe~ institution used for a similar purpose or the grounds thereof indicated by road signs, or when passing a school building, or the grounds thereof indicated by road signs, contiguous to th~ highway during recess or while children are going to or leaving the school during the opening or closing hours, or while the playgrounds of the school are in use by school ·children, shall be deemed to be driving the motor vehicle at an unreasonable rate of speed."
TilE YUKON GAME ORDINANCE
CHAPTER 10 AN ORDINANCE TO AMEND THE YUKON GAME ORDINANCE 23 (Assented to April 8, 1949.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. The Yukon Game Ordinance, being Chapter·3 of the Ordinances of the Yukon Territory, 1947, is amended by adding thereto the following section:
Section 81 :
Section SI:
(1) No person residing in, travelling through or within any Territorial Game Sanctuary, except a salaried or appointed Game Guardian or others for which provision is hereinafter made, shall have in his possession or carry any rifle, shotgun, airgun or other gun, firearm or allY device for trapping, capturing or destroying game,· un less the same shalL have been sealed by a Game Guardian or other .officer authorized to do so· by the Commissioner and such seal shall not be broken within a Territorial Game Sanctuarye~-cept under extreme necessity for the protection of li fe and property.
It shall be the responsibility of any person unseafing a firearm within a Territorial Game Sallctuary to report such action as soon as possible to the nearest Game Guardian giving a full statement of why such action was necessary and, in cases where :n the opinion of the Game Guardian any doubt exists, proof of such neces sary action may be required ..
(2) Ev~ry Chi~f Guide or Guide employed by any party travelling through or within any Territorial Game Sanctuary shall be held responsible for seeing that all firearm:sin the· party are scaled and that such seals are kept unbroken within the limits of such Sanctuary. Car!"ylng flrearms In game sanc tuary prohlbftNl Guide resPolIslhle
Selz",·e of rir~flrm~ Permlt~ to !'I'Ien u,!!ts Penalty "Resident" 24 THE YUKON GAME ORDINANCE
(3) Any unsealed rifle, shotgun, airgun, or other gun or firearm, found within any Territorial Game Sanctuary. except as herein provided, may be seized by a Game Guard ian or other officer appointed by the Commissioner, for delivery to a Justice of the Peace, who may order such ·firearms to be held pending the payment of any penalty for the offence committed.
(4) The Commissioner may issue permits for the carrying of unsealed firearms within a Territorial Gaml! Sanctuary to qualified persons requiring specimens for scienti fie purposes.
(5) Any person violating the prOVISions of this Sec tion shall upon
summary conviction be liable to a penalty as set forth under
Section 70, sub-section (2) paragraph (b). 2.
The said Ordinance is further amended by striking out the definition of "Resident" in secti')n 2 thereof and substituting there for the following: "Resident" means any Canadian citizen who has resided continuously in the Yukon Territory for not less than one year immediately prior to the date of his application for a license under this Ordinance, or any member of His Majesty's Armed Forces or any member of the Royal Can adian Mounted Police who has resided continuously in the Yukon Territory for not less than thirty days immediately prior to the date of his application for a license under this Ordinance. " 3.
The said Ordinance is further amended by striking out the words "for at least three years, or to any person who has acted as a licensed AssistantGuide over a period of" where the same occur in. paragraph Ca) of subsection (2) of
section 10 and substituting therefor the words "or to any person who has acted as a licensed Assistant Guide for a period of at least".
THE YL'KON GAME ORDINANCE 25 4. The said Ordinance is further amended by striking out the words "or Police Officer" where the same occur in the eighth and ninth lines of subsection "( 2) of
section 13 and substituting there for the words "Police Officer or game guardian;"
CHAPTER 11 AN ORDINANCE FOR GRANTING TO THE COM MISSIONER CERTAIN SUMS OF MONEY TO DE FRAY THE FXPENSES OF THE PUBLIC SERVICE OF THE TERRITORY. (Assented to April 8, 1949.)
WHEREAS it appears by message from John Edward Gibben, Esquire, Commissioner of the Yukon Territory, and in the Supplementary Estimates accompanying same, that. the sums hereinafter mentioned in
Schedule "A" are required to defray certain further expenses of the Public Service of the Yukon Territory and for the purposes re lating thereto, for the year ending March 31, 1949: THE COMMISSIONER of the Yukon Territory by and with the advice and consent of the Council of said Ter ritory, therefore enacts as follows: I. FROM and out of the sums at the disposal of the Yukon' Council there shall be paid and applied a furtl1l!r sum not exceeding i~ the whole-NINE HUNDRED AND THIRTY NINE THOUSAND, ONE HUND RED SIXTY-EIGHT DOLLARS AND EIGHTY CENTS for defraying the several charges and expenses of the Public Service of the Yukon Territory for the year end ing March 31, 1949, as set forth in
Schedule "A" of this Ordinance. 2. THE DUE APPLICATION of all monies expend I~d shall be duly accounted ·for.
SCHEDULE "A" Further Sums granted to the Commissioner by this Ordin ance for the twelve months ending 31st. March, 1949, and. the purpOSl'S for which they are granted: Territorial Offices: Travelling expenses Assayer's Office 500.00 200.00 700.00
Schools: Whitehorse Mayo School Furniture 2,400.00 700.00 1,572.14 Hospitals, Charities and Public Works: St. Mary's Hospital . 11,500.00 Whitehorse General Hospital 12,000.00 Maintenance of white & half- breed children in St.
Paul's Hostel Town of Whitehorse Town of Mayo Appraisal and Valuation of Territorial Property. 2,800.00 Roads, Bridges and Public Works ' ' , New equipment 3,454.72 Maintenance of Equipment 45;000.00 Gasoline & Oil 2,00'0.00 Maintenance of Roads 24,631.28 ,Dawson 16,500.00 Carmacks 3,600.00 Meals (to be dis tributed) Dawson Garage 4,531.28 Purchase of Lowman Property Government Liquor Ordinance Purchase of Stock Merchandise 420,000.00 Fr'ht. & Mar- ine Insur'ce Customs, Ex cise Duty Selling Expense 14.5 ,000.00 160,000.00 64,000.00 . ~ 2,864.70 725,000.00 27 4,672 if 26,300.00 4,000.00 600.00 715.96 77,960.70 3,220.00 Building Account 32,000:00 96,000.00 821,000.00 $939,168.80
Employee may not acquire Interest in Dominion Lands Emplny .. e lIlay not have 111- terest In contact wIth Terl'ltol'inl GOvcl'f,nu:.nt Ol'der for dj"missnl 28THE YUKON TERRITORIAL PUBLIC SERVICE ORDINANCE
CHAPTER 12 AN ORDINANCE TO AMEND "THE YUKON TERRITORIAL PUBLIC SERVICE ORDINANCE." (Assented to Apr,il 8, 1949.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Yukon Territorial Public Service Ordinance". being
Chapter 76 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by adding the following
section immediately after
section 44 thereof: 45.
(1) No officer, clerk or servant appointed under ~he provisions of this. Ordinance shall directly or indirectly, in his own name or in that of any other person, purchase or acquire any Dominion lands or any interest therein; provided that he may be inte;ested as a shareholder in any corporation or company purcha~ing or acquiring such lands or any interest therein but he may not serve or act as a director, manager, adviser or other officer of such com pany. (2) .
No officer, clerk or servant apP9inted under the provisions of this Ordinance, or any person on his behalf, or any person in partne·rship with him, shall enter into or obtain any interest directly or indirectly in any contract entered into by or with the Government of the Yukon Territory; provided that he may be interested as a share holder in any corporation or com·pany entering into any such contract but he may not serve or act as a dirc:ctor, manager, advisor or other officer of such company.
(3) Any such officer, clerk or servant violating the provisions of this
section shall be liable to ~ummary dis-
THE YUKON TERRITORIAL PUBLIC SERVICE ORDINANCE29 missal on the order of the Commissioner, but his dismissal shall not effect the right which any person may have to bring against him any civil or criminal actiory. 2. The said Ordinance is further aml!nded by inserting immediately after
section 38 thereof the following: 3 SA. ( 1 ) The Commissioner shall grant to each em ployee a leave of absence for recreation with full salary for a period not to exceed one and one half days for each month of continuous service by such -employee; provided. however, that such leave shall be granted only afte~! the employee has completed twelve continuolls months of ser vice. and at such times as the Commissioner determines . .
(2) Such days of leave of absence. for recreation :;hall be exclusive of Sundays and holidays.
(3) Such days of leave of absence for recreation may be accumulated but in no case shall the period of such leave exceed fifty-four days. . Holiday leave 3SB.
(1) In case of illness or preo;sing necessity, the Sick !l'ave Commissioner may grant to any employee who has been in the public service of the Yukon Territory for a continu- ous period of twelve or more months a period or periods of special leave with full salary which shall not exceed thirty days for every period of twelve months, exclusive of' the first twelve .months, of continuous service by such ~mployep..
(2) Such days of special leave may be" .accumulated but in no case shall such accumulation of days of special leave exceed twelve months.
Short title 30 SOCIETIES ORDINANCE
CHAPTER 13 _-\NORDINANCE TO FACILITATE THE INCOR· PORATION OF SOCIETIES FOR PROVIDENT _O\ND OTHER USEFUL PURPOSES, AND TO PRO- VIDE FOR THEIR REGULATION ..... : I .•. (Assented to April 8, 1919.) T~e Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, hereby enacts as follows:
SHORT TITLE 1. This Ordinance may be cited as the "Societies OrJ: inance."
INTERPRETATION 2~ In this Ordinance. unless the context otherwise re- interpreta- tion qUlres:- "By-laws" means the by-laws prescribing regulations for a society: "Commissioner" means the Commissioner of the Yukon Territory ..
"Constitution" means the constitution established for a society under the provisions of this Ordinarice; and in ap plying the word to a so.ciety subject to the Ordinance re pealed by this Ordinance it means the declaration for 10- corporation of that society, or other similar document: "Declaration" means the declaration for incorporation of.a society incorporated under the Ordinance repealed by this Ordinance. and includes the declaration for incorpora tion and any other similar document of a society or asso ciation to which
section 57 applies:
SOCIETIES ORDINANCE 31 .
"Director" includes trustee, officer, member of an execu tive committee, and any person occupying such position by whatever name called: "Document" includes notice, order, summons, and other legal process· and registers: "Extraordinary resolution" means a resolution passed by a majority of such members entitled to vote as are present in person or by proxy (where proxies are allowed) at a general meeting of which notice speci fying the intention to propose the resolution as an extraordinary resolution has been duly given, such majority ·beingeither three fourths or two-thirds, according as the by-laws provide, and in the absence of such provision a majority of threp fourths: "Registrar" means the Registrar of Joint Stock Com panies or other duly authorized person p~rforming his duties: "Society" means a society incorporated under this Ord inance, and includes a society to, which
section 57 applies: "Subscription" includes fee, due, assessment, or other like sum payable by a member under the by-laws of a· society. INCORPORATION J. A society may be incorporated under this Ordinance to . promote any object of a national,. patriotic, religious, philanthropic, charitable, provident, scientific, artistic, edu cational, social, professional, agricultural or athletic char acter or any useful object, but not for the purpose of carry ing on any trade, industry or business. Objects l)f society 4. No society shall have power to grant or confer any No power to d . grant egree or diploma of literary, technical, or scienti fic stand- de~I'ee9 mg.
- Xo personal IbbUlty No share ('apltal or dl,'ldends ,-\ ppllCRtlon !'or .'ertlflcate - He!;istrar to Issue ~ertlricnte -ot incorporation May be refused Appeal from rcfusai Social cluh Copy ot con stitution and by-laws registered 32 SOCIETIES ORDINANCE 5. No member of a society shall, in his individual capa city, be liable for any debt or liability of the society. 6.
No society shall have a capital divided into shares or declare any dividend or distribute its property among the members during the existence of the society, and the interest of a member in a society shall not be transferable. 7. ( 1 ) Any five or more persons proposing to in corporate a society shall make and subscribe, in duplicate, according to the form in
Schedule A, the constitution and by~laws of the society, and shall transmit the same with the proper fees to the Registrar, together with a list of the persons appointed by the subscribers to act as the first dir ectors of the society, stating their full names, addresses, and occupations and the period for which they will so act; a notice setting forth the address of the society; and, if the Registrar requires it, the consent of an existing society to the incorporation.
(2) If the objects of the society do not appear to the Registrar to be within the scope of this Ordinance or to be sufficiently set forth, h~ may require that the objects be altered accordingly, but if the constitution and by-laws appear to the Registrar to comply with ~his Ordinance, he shall issue under his seal of office a certificate showing that the society is incorporated and stating the locality in which its operations will be chiefly carried on: Provided that incorporation may after investigation be refused by the Registrar, but an appeal may be taken from his refusal to the Commissioner in Council; and that, in the. case of a society whose objects include that of operating a social club, the Registrar shall not issue a certificate unless the written consent of the Commissioner to incorporation is filed with the Registrar.
(3) Upon incorporation the Registrar shall retain and register one copy of the constitution and by-laws and return the other copy to the applicants, certified as having been registered by him, and shall forthwith at the cost of the
SOCIETIES ORDINANCE 33 dpplicants publish the certificate with a statement of the objects of the society in one issue of th::: Yukon Gazette.
(4) A certi ficate of incorporation given by the Regis trar in respect of a society shall be conclusive evidence that tl~e requirem(~nts of this Ordinance in respect of incorpora tion have been complied with, and that the society is duly incorporated according to the provisions of this Ordinance. 8.
From the date of the certificate of incorporation the subscribers to the constitution and by-laws, and~uch other persons as may from time to time become members oJ the society, shall be a body politic, and corporate by the name therein described, having perpetual succession and the right to a common seal, and with such powers as its con stitution entitles it to, subject to the provisions of this Ord anance. POWERS 9.
(1) A society may sue and be 5ued, contract 3n'] be contracted with', in its corporate name.
(2) A society may adopt a common seal and alter or change the same at its pleasure, but shall in all cases hap' its name engraved in legible characters 011 its common seal. 10. A society may acquire and take by purchase, dona tion, devise, or otherwise land and personal property, and may sell, exchange, mortgage, leas~, let, improve, and de velop the same" and may erect and maintain any necessary buildings. - 11.
The funds and eroperty of the soci~ty shall be used and dealt with for its legitimate objects only and in accord ance with its by-laws, and a society shall invest its funds only in securities in which trustees are for the time being authorized by law to invest. Certifi"fI te published C"rtlfir."t~ cOIlP,lush"p, evld"n~e that O,'dlnance complied with .. \ 100,1\' poJllic' :1,,;1 ClIl'purale Tu cuntrnrt Common ~(?al Re real property Funds
Borrowing powel'~ Bills 0; exchange ,\ SSOCIR tlon with other socletlell Alteration of objects. name or locality Reglstr:u"!I approval necessary Certiflcn le . of appro"al 34 SOCIETIES ORDINANCE 12. For the purpose of carrying out its objects, a so ciety may borrow or raise or secure the payment of money in such manner as it thinks fit, and in particular by the issue of debentures, but none of these powers shall be exercised except in accordance with the provisions of the by-laws o( the society, and dcb'entures shall not be issued without the sanction of an extraordinary resolution of the society. 13.
For the purpose of carrying out its objects, a so ciety may, subject to its by-laws, draw, make, accept, en dorse, discount,. execute, and issue promissory notes, bills of exchange, and other negotiable or transferable instru ments. 14.
A society may, if authorized so to do by an extra ordinary resolution, subscribe to, become a member of, and co-operat~ with any other society or association, whe ther incorporated· or not, whose objects are in whole or part similar to its own objects. 15. ( 1 ) A society, by extraordina ry resolution, may I:hange its. name or it.s objects so as to include some object or objects that may conveniently or advantageously be combined with the existing objects of the society, or so as to restrict or ahandon any object specified ·in the constitu tion or the locality in which its operations are chiefly car ried on.
(2) No resolution pursuant to subs'ection (1) shall take effect unless it is approved by the Registrar, and the Registrar shall not give his approval unless :-' - (
a) In the case of a resolution for' a change of th" locality in which its operations will be chiefly carried on by a society whose objects include, or that by vi rtue of the resolution' will include,' that of operating a social club, the resolution has been consented to in writing by the Commissioner. (3) \Vhen the Registrar has given his approval to the resolution he shall issue a certificate under his seal of office setting forth particulars of .the change.
SOCIETIES ORDINANCE 35
(4) A notice of any alteration under this
section shall, if the Registrar thinks it advisable, be published in the Gazette by the Registrar at the cost of the society. Puhllcation ( 5 ) Where a society is in default in respect of 'any re.." ~~~i~~nte quirement of this Ordinance the Registrar may refuse to refused issue any certificate under this section.
(6) Any certificate issued. by the Registrar pursuant to this
section shall be conclusive evidence that the requIre ments of this
section have been complied with. . - . 16. A change of name shall not affect any rights or cbligations of the society, or render defective any legal proceedings by or against the society, and any legal pro ceedings that might have been continued or commenced against it by its former name lllay be continued or com menced against it by its new name. 17. \Vhere the constitution of a society contains any provision other than the statement of its name, objects, and locality of operations, that provision shQll 'be unalterable and the constitution.shall so state. 18. A society to which
section 59 applies shall hav(! power in addition to the powers conferred by
section 15, tn alter or rescind, by extraordinary resolution, any provision of its declaration. 19.
(1) A society may, if authorized by its by-laws, establish and maintain one or more branch societies which shall have such powers, not exceeding the powers of the society, as the society may from time to time confer. (2) \Vhere a society establishes a branch society, it shall forthwith send to the Registrar a notice setting forth the date on 'which the branch society was authorized, its title, locality and powers, and such other information as the Registrar may requir~, and· shall likewise notify the Registrar when any branch ceases to exist.
CertifIcate evIdence that thIs !'lflctlon complied wIth r:hnnge In name not to affect ()hllgntlon~ of socIety 1 inaltC'rn.ble pro\'I~lons of constitution Power of I'xlstlng ~ocjety to nit er Rny pro\'!slon o! Its declara tion Bmnch SOCieties NotIce to Reglstrnr
Society operating club may not e!!tabllsh brancl: society Incorpora tion of a hrllnch of a soelet}' ClllllrRctR of 36 SOCIETIES ORDINANCE (3) Subsection (1) shall not apply to a society whose objects include that of operating a social club. 20. (1) "There a branch of an incorporated or un incorporated society desires to be incorporated under this Ordinance, it shall, in addition to any other requirement of this, Ordinance, file with the Registrar .1 certificate under the seal (if any) of that society consenting to such incor poration, and shall comply with any term or condition mentioned in the certificate.
(2) No branch society so incorporated may exercise any power conferred on a society under this' Ordinance, if the exercise of such power is prohibited by or in conflict with the constitution or by-laws of the society to which ir belongs or any term or condition of the certificate filed under the preceding subsection, without first obtaining the written consent of that ,society.
(3) If the certi(t:ate filed under subsection (1) so provides, the constitution and by-laws of the branch societv shall be deemed to include the constitution and by-laws of the society giving the certificate, or the portion thereof mentioned in the certificate, but in no case shall the powers of a branch society exceed the powers permitted to a society by this Ordinance. ' a society 21. ( 1) Contracts on behalf of a society may be made as follows:- (
a) Any contract that, if made between private' per sons, would be by law required to be in writing and under seal may be made on behalf of the society in writing under the common seal of the society, and may in the same manner be varied or discharged: (
b) Any contr:lct that.' if made between private pe," sons, would be by law required to be in writing, signed by the pprsons to be charged therewith, may be made on behalf of the society in writing signed by any per-
SOCIETIES ORDINANCE 37 son acting under its authority, express or implied, and may in the same manner be varied or discharged: (
c) Any contract that, if made between private per sons, would by law be valid although made by parol orily, and not reduced into writing, may be made by parol on behalf of the society by any person acting under its authority, express or implied, and may in the same manner be varied or discharged.
(2) All contracts made, varied, or discharged accord ing to this
section shall so far as concerns the form thereof be effectual in law and binding on the society and all other parties thereto. (.3 ) A bill of exchange or promissory note shall be deemed to have been made, accepted, 'or tmdorsed on behalf of a society, if made, accepted, or endorsed in the name of. or by or on behalf of, or on account of the society by any p~rson acting under its authority, express or implied. ADMINISTRATION 22. ( 1 ) The members of a society shall be the sub scribers of the constitution and by-laws and those persons admitted to membership therein according to the by-laws.
(2) Subject to the provisions of the by-Iaws:- (
a) A person under the age of twenty-one years may he admitted as a member of a society or appointed to any office therein, and shall be liable for the pay ment of a subscription as if he were of full age: (
h) A corporation admittedto membership in a society may be represented by some person authorized on behalf of the corporation: (
c) Every member of a society shall have a vote.
(3) No member shall be entitled to vote on an extra- M"mbers
Permaner.t proxies Invalid Matters to be contained In by-Iaw~ Alteration ,)f hy-Iaw Filed with Heglstrar By-laws not to conflict with consti tution Directors Director may be required t.o give sp.curlty By-laws may nrovlde for " rbltratlon nf disputes 38 'SOCIETIES ORDINANCE ordinary resolution unless he is in good standing in accord ance with the by-laws. ( 4) Permanent proxies or proxies entitling any person or member to vote at other than one meeting or any ad journment shall be invalid. 23. ( 1 ) The by-laws of a society incorporated under this Ordinance shall contain provisions in respect of the several matters mentioned in
Schedule B.
(2) The by-laws of a society shall not be altered or added to except by an extraordinary resolution of the so ciety.
(3) Every such resolution shall be filed in duplicate with the Registrar, who shall register one copy and return the other copy, certified as having been registered by him.
(4) Nothing that is in conflict with the constitution of a society shall be included in the by-laws, and the by laws shall not contain anything contrary to law. 24. ( 1 ) Subject to the by-laws, the members of a so ciety may nominate, elect, or appoint any of its members as directors for conducting the business, discipline, and management of the society and its affairs.
(2) Subject to the provisio~s of this Ordinance and to the by-laws, the directors may exercise all the powers of a society. 25. A society may require any director or officer to give such security as may from time to time be deemed sufficient for the faithful discharge of his duties. 26. The by-laws of a society may provide that any dis pute arising out of the affairs of the society, between any members thereof or betwe~n a member, or any person ag grieved who has for not more than six months ceased to be
SOCIETIES ORDINANCE 39 a member, or any person claiming through such member or person aggrieved, or claiming under the by-I'aws, and the society or a director or officer thereof, shall be decided by arbitration, which shall be under the "Arbitration Ord inance" unless the by-laws prescribe some other method. 27.
(1) A society may by its by-laws impose a fine FInes f,.r contrn,'E'Il' not exceeding five dollars on any member who has contra- ton of d b I f h . by-laws vene any y- aw 0 t e socIety.
(2) Any fine may be recovered as a debt due from the member to the society, and all fines so recovered shall belong to the society. , DUTIES AND OHLIGATIO~S .... 28. Every society shall have an address in the Ten'i- tory to which all communications and notices may be sent and at which all process may be served, and shall file with the Registrar notice of every change therein within four· teen days after the change is made. 29. Every general meeting of a society shall be held in the Territory. 30. Every society shall hold an annual general meeting, Address tor ser"I~e General meetings In Y.
T~ Annual and shall on or before the 2..8th day of February in each general f I meeting year i e with the Registrar a statement in the form of a halance-sheet containing general particulars of its liabili- Annual . d d f' . "tatement tIes an assets, an a statement 0 ItS Income and expendi- m .. cl wIth tures audited and signed by the auditor of the society, or, RegIstrar if there is no auditor, by two directors. 31.
Every society shall file with the Registrar with its AnnURI list annual statements a list of its directors, with their addresses of ittre ... tnr~ m"d wIth and occupations, and also, upon request of the Registrar, at Regtstra.r any time, furnish him with particulars of its directors. The list of directors shall state the date of the appointment or election of each director. RE'e::I~ter or 32.
(1) Every society shall keep in one or more books members a register of its members, and shall enter therein the names
Copy of e\'ery extra ordinary rp'"olutlon filed with l:egisll'ltr '-'tIlitcntlca tlon Copy of constitution to be furnished to member on request Re\,ocaUon ana cancel I" tion of Incorporation 40 SOCIETIES ORDINANCE of the subscribers of the constitution and by-laws and the name of every other person who is admitted as a member of the society, together with the following particulars:- (
a) The full name, address, and occupation of every such s~bscriber and person: (
b) The date on which each person IS admitted as a member: (
c) The date on which any person ceases to be a member.
(2) Every society that fails to comply with this
section shall be guilty of an offence ·against this O~dinancc. 33. Every society shall file with the Registrar, in dup licate, every extraordir:tary resolution, and he shall register .:>ne copy and return the other, certified as having been registered by him. 34. Every notice, return, or resoluti·)n required to be filed with the Registrar shall be authenticated by a direc tor, secretary or other authorized officer of the society. - 35. Every society shall furnish to a member at his r-:: quest, and on payment of a sum not exceeding fifty cents, a copy of its constitution and by-laws. DISSOLUTION 36.
On sufficient cause being shown and upon such conditions and subject to such provisions as may be deemed proper, the Commissioner in Council may revoke and can cel the incorporation of a society and declare the society to be dissolved. Without limiting the generality of the fore going a conviction obtained against a society for a violation of. the provisions of this Ordinance or the regulations made thereunder shall constitute sufficient cause within the mean ing of this section.
SOCIETIES ORDINANCE 41 ". b d· I .
Voluntary . 37. _'"1. society may, y extraor Inary reso utlOn, sur- surrender of d · . f· . . . d th R· certltlcnte of ren er .ltS certl Icate ot IncorporatlOn,:lO e eglstrar Incorporation may; after being satisfied that sufficient notice of tile 80-. . ciety's i~-tention has been given ~nd that no.debts, liabilities, or obligations ,of the society are outstanding, accept the surrender of the certificate and cancel it, and fix a date from which the society shall be dissolved. 38. ( 1 ) If ami'wheh a society has failed for any per- ~~fI~~trnr to iod of two years to _make or send '01' file any return, notice' society nftr,r two year or document required to. be made or sent to or filed with period of (l~r'l'lIt In the Registrar pursuant to this Ordinance or when the Reg- tiling istrar. has reasonable cause to believe· that a 'society is not operating, he shall send to the society by post a registered letter enquiring whether such society. is in operation and notifying it of its default if any.
(2) If within two months no reply to such letter is received by the Registrar or such society fails to fulfil the lawful requirements of the R~gistrar or ,notifies the Regis trar that it is not in operation, he may at the expiration of fourteen days send to such society a notice that at the ex piration of two months. from the date of that notice the name of such society mentioned therein will, unless cau~e be shown to the contrary, be struck off the Register and the society will be dissolved. l\"otice of Intention to strike orf "CS"ist~r (3) .At the expiration of the time mentioned in the Str/I'klng Qrt .. . reg !'!ter notice, the Reglstra·r shall, unless cause to the contrary IS previously shown by such society, strike the name of such society off the Register and shall publish notice thereof in one issue of the Yukon Gazette and upon such publication Puhlcatioll the society shall be dissolved or if an' extra-territorial so- ciety shall be deemed to have ceased to operate in the Ter- Prol'lso ritory, provided that the liability (if any') -of every direc- tor, officer, member' or employee of" such society shall continue and may be enforced as if the name of such society. had not been struck off the Register . . (4) \Vhere a society or any member o~creditor there of or any person to whom the society is unqer any legal obligation'i's aggrieved by the society having been struck • ""'f"'Ii~:'tinn for restoration tQ register
nesloration "'nme ut ~flclety un J'e&lorn tlon ResturB till" tor IImltell time Wllluillg·up Amalgama- 110" ot two 111' more ~ocietle9 42 SOCIETIES ORDINANCE off the register, the Registrar may restore the society to the register on application to him in such form as he pre scribes by the society, member, or creditor, but the Regis trar shall not restore the society to the register unless he is satisfied that the society was at the time of the striking off in operation or that it is just that the society be re stored to the register, and in the case of a society carried on chiefly as a social club unless it has obtained the written consent of the Commissioner.
Such returns and other infor mation as the Registrar requires shall be filed with him.
(5) On compliance with such requirements the Regist rar may restore the society to the regist;!r, and thereupon the society shall be deemed to have continued in existence, as if it had not been struck off, without prejudice to the rights of parties acquired prior to the. date on which the society is restored.
(6) If the application is not made within one' year from the. date on which the society was struck off, and another society has been incorporated under the same or a similar name, the Registrar shall require the society to take a new name before it is restored.
(7) A society may be restored for a limited period or for the purpose of carrying out a parti<:illar purpose, and after the expiration of that period or the execution of that PUl'poSP the society shall again be struck off the register by the Registrar. 19.
The provisions of the "Companies Ordinance" re lating to the winding-up of companies shall apply, mutatis mutandis, to a society under this ordinance, but wherever tI'ose provisions prescribe a special resolution, an extra ordinary resQlution shall be sufficient under this Ordinance. 40. ( 1 ) Any tw~ or more societies may amalgamate and form a new society by passing extraordinary resolu tions which shall authorize their respective directors to make and subscribe jointly a constitution and by-laws ac-
SOCIETIES ORDINANCE 43 cording to the form in
Schedule A; and to comply in other respects wi th
section 7.
(2) After the issue of a certificate of incorporation to the new society the former societies shall stand dissolved, and all property and rights of such societies shall pass to and be vested in the new society without any further act or deed, but no amalgamation under this
section shall affect the rights of any creditor, and the new society sh,111 be liable for all debts and obligations of the former so cieties. (3). The estate and interest of the former societies in any land as registered under the "Land Titles Act", Chap ter 118 of the Revised Statutes of Canada, 1927, shall b3 registered in the name of the new society. EXTRA-TERRITORIAL SOCIETIES 41.
For the purposes of sections 42 to 50, "extra-ter ritorial society" means a society or association formed out side the territory, and includes a branch of any such society or association, but does not include a society or association that is formed for the acquisition of gain or that has a capital divided into shares. 42. ( 1 ) The Registrar may require any extra-ter ritorial society that carries on any operations in the Terri tory to apply for registration under this Ordinance, and any society so required to apply shall, unless registration is granted, cease to operate in the Territory, and the Regie; trar shall fix the date after which it shall cease to operate.
(2) Any extra-territorial society may apply for regis tration under this Ordinance.
(3) An extra-territorial society who!Jc objects includf:' that of carrying on a social club shall not be register~d without the written consent of the Commissioner, and every branch of such a society shall, if the Registrar so require~. apply for separate registration and conse~t. AS!lcta ann lIa hllltle~ Iv new soclet~' l.an,1 tl) be reglHlered II' nnlne of Itl!\\" soclely ··Extra· :er-ritorlal society" defined Reglstral ]·.n nf an extrH' territori:! I SOCiety
Cranting of certificate of registration to an extra. terrl torlal Hoclety I JptJration of "11 extrR.- r errl tor la 1 ~oclety ", t tOJ'ney of an extrn tp.ITltorial snciety 44 SOClfTIES ORDINANCE 43.
(1) Application for registration shall be made to the Registra~ according to a form prescribed by him and sh~ll be accompanied by such documents as he requires. .
(2) If. the Registrar determ'ines that the requirements of this Ordinance have been complied with and, that th~ society should be registered, he shall issue under his'seal o'f office a certificate 'showing that the society is register!,J under this Ordinance as an extra-territarial'society, and stating the place of formation or incorp'oratiori and the lo cality in which its operations will be chiefly carried on,and. if he thinks it advisable, shall at the cost of the society puh lish in one issue of the Yukon Gazette a copy of the certi ficate with a statement of the operations, to be carried nn in the Territory. (
J) The Registrar may attach to a certificate of regis tration such conditions and limitations a's seem to him ad visable; and the extra-territorial society shall comply with a~d chser\ie these conditions and limitations.
(4) The Registrar may after investigation refuse re gistration, but an appeal may be taken from his refusal to the Commissioner in Council. 44.
Subject to this O,dinance and the laws of the Ter r.itorYI 'an 'extra-territorial society registered under· this Ordinance may within the Territory carry on its operations in ac:.:ordance with its certi ficate of registration. 45.· The Registrar may require an extra-territorial so ciety within a time speci fied by the Registrar to appoint some pf:rson resident in the city or place in the Territory where the society will chiefly carry on its operations its attorney, with authority on its behalf to accept service of proc(~ss in, all suits. and proceedings by or against the society within the Territory and to receive all lawful notices to the society.
The society shall within onc week after the ;;·'pr.intlT!cnt file a ccpy of the appointml>nt with the Regi,5: trar l and the appointment shall' contain the name, occupa~
'SOCIETIES ORDINANCE 45 tion, and address of the attorney. If the person appointed ceases to act the society shall, within three weeks after he ceases to act, appoint a new attorney; and shall, within one w~ek after the appointment, file a cpy of the appoint ment, and the appointment shall contain the name, occu pation, and address of the attorney. Statement!;' 46. An extra-territorial society registered under this to be filed by • an extra- Ordinance shall file with the RegIstrar: territorial (
a) A verified copy of any amendment to its constitu tion and by-laws or corresponding :nstrument within one month after the amendment takes effect: (
b) The notice as prescribed by
section 28: (
c) The statements and list as prescribed by sections 30 and 31. 4- 7. The Commissioner l)1ay for good cause suspend or revoke the registration of an extra-territorial society under this Ordinance, and may remove or cancel a suspension or revocation, subject to any condition thought advisable. 48. No person shall, directly or indirectly, represent or. act as agent of an extra-territorial society required by the Registrar to apply for registration under this Ordin ance, unless the· society holds a subsisting certificate of registration. 49.
An extra-territorial society not registered as re quired by this Ordinance shall not be capable of maintain ing any action, suit, or other proceeding in any Court in the Territory in respect of any contract :nade in whole or
part in the Territory in the course of or in connection with it's operations. 5 O. Sections 51 to 56 and 58 shall also apply to an extra-territorial society. society Suspt?n~i(l!", and re"oC'l\' I.lon or re!\'!~· tratlon or" an extra terrll('~:~1 soclet~· Prohibition :Xon-re!!i~ tered extr,,· territorial society may not main tain action . Miscellane ous provi sions to A.pply to p.xt.ra -ter· rltorial fh)~jet,..
46 SOCIETIES ORDINANCE Investigation of ~ffalrg . and conduct of a society MISCELLANEOUS 51.
(1) Where it appears to the Registrar that a so ciety exists for an illegal purpose, or that :l society carried on chiefly as a social club is not conducted in a proper man ner or as a bona fide club, the Registrar shall report the facts to the Commissioner, and thereupon the Commis sioner may appoint by writing under his hand some person to investigate the affairs and conduct of the society and to make a written report to him of his findings. 1'(lwerR ut Investigator Offence Oriler made on report Documents filed with regllltrar open for Inspection Fee
(2) The person so appointed may examine on oath any director, manager, officer, agent or employee of the society or other person in relation to the affairs of the society and may administer an oath accordingly and may require the production of all books and papers of the society, and of all relevant books and papers.
(3) Every director, manager, officer,· agent or em ployee of the society or other person who on examination under this
section refuses to answer any question relating to affairs of the society or to produce any book or paper in his custody shall be guilty of an offence against thil'> Ordinance.
(4) The Commissioner may upon a report from the Registrar or after an investigation order, subject to such terms and conditions as he thinks advisable, that the society discontinue any illegal action, or, if a social club, conduct itself in a proper manner, as the case may be, and may, subject to such terms and conditions as he thinks advisable, suspend any of the powers of the society. 52.
(1) Any person may inspect the documents filed in the office of the Registrar rela~ing to a society on pay ment of a fee of twenty-five cents for each inspection, and may require a copy or ·extract of any document or part thereof on ,parment for the copy or extract of fifteen cents for each folio, and of a further fei! not exceeding one dol lar if such copy or extract is required ~o be c;ertified as a true copy.
SOCIETIES ORDINANCE 47 ( 2) A f t f d fl·led I·n CertifIed copy 0 or ex ract rom any ocument copy shall the office of the Registrar, certified to be a true copy under be evIdence the band and seal of the R'egistrar, shall in all legal pro- ceedings be admissible in evidence as of equal validity with the original document, and it shall not be necessary to prove the handwi·iitng, seal of office, or official position of the person certifying the same. 53.
A document may be served on a society by leaving :e=~:~n it at or mailing it by registered post to the address of the society as registered under this Ordinance, or by serving a director or officer of the society. 54. Every society that fails, refuses or neglects to ob· serve or perform any duty or obligation 9r which violates any restriction or prohibition created or imposed by this Ordinance and the regulations made thereunder shall be guilty of an offence against this Ordinance. Offen('(' 55.
Every society guilty of an offence against this.Ord- inance or the Regulations made thereunder shall be liable Penalty on
summary conviction to a penalty not exceeding five hundred dollars. 56.
(1) Whenever a society is convicted of any of- ~~~~~;'" (or fence against this Ordinance or the regulations made there- under and the conviction adjudges a pecuniary penalty to be paid by the society, the Justice by the conviction after adjudging payment of such penalty with costs may order and adjudge that in default of payment of such penalty forthwith or within a stipulated time such penalty shall be II'vied by distress and sale of the goods and chattels of the society. ( 2) In any such case and in addition to the other reme dies hereby provided, a copy of the conviction or order cer tified to by any Justice or by the officer irf whose custody the same is by law required to be kept may be filed in the office of the Clerk of the Territorial Court and the con viction or order shall there~pon become a judgment of that
Respon"l· blllty of officer agent and employee of so('iety Fees Ordinance applles to existing societies Regulations 48 SOC;IETIES ORDINANCE Court and all prQ~~edings may therefrom may be taken and had as on any other judgment of that Court. Nothing herein contained shall be construed as in any way affecting, limiting or restricting any proceedings which otherwise may be taken for the recoverY,of fines and penalties. 57.
Where an offence against this Ordinance or th(~ regulations made thereunder is committed by a society, the officer, agent or employee of the society in charge. of the premises in which the offence is comm~tted shall prima facie be deemed to be a party to the offence so comrni'ttt:d and shall be personally liable to the penalties precribed for the offence as a principal offender but nothing in this
section shall relieve the society or the person who actuaIiy committed the offence from liability therefor. 58. There shall be paid to the Registrar in respect of the several matters mentioned in
Schedule C the several fees therein specified, and such fees shall be by him paid into the Consolidated Revenue Fund of the Territory. 59: The provisions of this Ordinance, mutatis mutan dis, shall apply to an existing society subject to the Ord inance repealed by this Ordinance in the same manner as if the society had been incorporated under this Ordinance. 60. ( 1) For the purpose of carrying into effect the provisions of this Ordinance according to their true. intent, the Commissioner may make such regulations as he con siders necessary or advisable.
(2) Without thereby limiting' .the generality of the provisions co~tained in subsection (1), the power' ~f 'the Commissioner to make regulations under this
section shall be extended to :- (a) . Prescribing the terms an'd conditions of contracts betw~en societies and their employees:' (
b) Prescribi"ng the method of inspection of societies books of accounts and records:
SOCIETIES ORDINANCE 49 (
c) Prescribing, the .q~a!i fications to be held by any servant or employe'e of any society: (
d) Prescribing the rriinim'um membership fees and dues payable to any society by its m'~mbers: (e')'" Iri'the ~ase of a society whos'e object~ include that of operating a social club, prescribing or limiting the. form of social or recreational activity which may be made a v:ailabl~ . to its members;. ,,' _,.""1 61. "An Ordinance respecting Benevolent and other flepenJ Societies ...... being Ch~ptc;r 84 of: the Consolidated ,Ordin- ances of the ""Yukon Territory, 1914, is hen'by "~ept'aled. SCHEDULES
SCHEDULE A (Sections 7, 17,40) "SociPties Ordinance" Constitution ( 1 ) The name of the Society is •
(2) The object of tht' Society is (state particulars)
(3) The operations of the society are to bt, chidly . ,carried on in (state-exact locality) (If any other provisions are" added there shall be in cluded a statement that, such provisions are unalter- able:)' ... By-LAWS (Here set forth in riumbe~ed clau~es the by-laws pro , viding for the. matters referred to in
Schedule Band . any other by-laws) Dated the day of , 19 (Full names, scribers) Witness: addresses and occupations of sub- (Full name, address, and occupation)
SOCIETIES ORD~NANCE-:
SCHEDULE B (Section 23) ,
I) Terlllso( admission of members aLlJ their rights a lul obligations.
(2) Conditions under which membership ceases and mann~r (if any) in which a member may be expelled. (3) _ Month for holding annual general meetinganJ mode and notice required for calling general and speeial meetings of the society and number constituting a quorum at 'a'ny such meeting, and rights of voti-ng. (See subsec tions (2) and (3) of
section 30 of this Ordinance)
(4) Appointment arid removal of directors and othl!r officers and their duties, powers _ and remuneration.
(5) EXI!rcise of borrowing-powers. - .
(6) Audit of accounts.
(7) C';s~ody and use of the seal of the society.
(8) Alteration of by-laws by' extra-ordinary resolu tion, stating requisite majority.
(9) Preparation andcustodyof minutes of proceedings of meetings of the society and of the directors, and other books and records of the society. ( 10) Time and place (i f any), at which the books and records of the society may be- inspected by members. -
SOCIFTIES ORDINANCE 5 I SCHEDULE·C (Section 58) TABLE OF FEES ( 1 ) For filing or registering- The constitution and by-laws ...... : .... , .............. $10;00 Any resolution, notice, list, return· or other document required by this Ordinance ................ .50
(2) For every certificate, other than the certifi- cate of incorporation ............................•............ .50 {3 ) For each search .......................................... .25
(4) For publication in the Yukon Gazette, ac- cording to lhe scale ~f charges in force ........... . . ,.
(5) For restoration under
section 38 ............. ~... 2.50
(6) For registration of an extra-territorial so- ciety . ...... ........... ...... .................. ..... ................... 10.00
52 Sl.'PPLY _'\N ORDINANCE FOR GRANTING TO THE COM MISSIONER CERTAIN SUMS OF MONEY TO DEFRAY THE EXPENSES OF THE PUBLIC SER VICE OF THE TERRITORY AND THE CITY OF DAWSON. . (Assented ro,April,8, 1949.) ,,' " \<VHEREASit appears by Message from John Edward Gibben, Esquire, Commissioner- of. ·theYukon· Territory, and in the· estimates accompanying· the same, that the sums hereinafter mentioned in
Schedule "A" to this Ordinancl~ are required to defray certain expenses of the PublicSer vice of the-Yukon -Territory; and for the purposes relating thereto, for the twelve months ending March 31,1950, and
WHEREAS it appears by Message from John Edward Gibben, Esquire, Commissioner of the Yukon Territory, and in Estimates accompanying the sallle, that the sums hereinafter mentioned in
Schedule "B" to· this Ordina_ncl~ ate required to defray certain expenses of the Public Ser vice of the City of D~wson and f~r the Purpose~ relating thereto, for the twelve months ending March 31, 1950 .. , The Commissioner of the Yukon Territory, by and with the advice and consent of the Council ot said Territory, there for enacts as follows: 1.
From and out of the sums at tlw disposal of the Yukon Couneil there shall be paid and applied a furthe!· sum not exceeding in the whole, One Million, Eight Hund red and Fifty Three Thousand, Six Hundred and Fi fteen Dollars for defraying the several charges and expenses of the Public Service of the Yukon Territ::>ry for the twelve months ending March 31st, 1950 as set forth in
Schedule "A" of this Ordinance. 2. From and out of the Funds at the disposal of the Yukon Council there !lhall be paid and applied a sum not exceeding Fifty Four Thousand, Nine Hundred and Sev-
53 enty Five Dollars for defraying the several charges and expenses ot,.thePublic Service of the City of Dawson for the twelve months ending March 31, 1950.as set forth in
Schedule "B" of this Ordinance. 3. The due application of all'mQnies expended shall h~ duly accounted for.
SCHEDULE A Sums granted.to the Commissioner by this Ordinance for the twelve months ending 31st March, 1950, and the pur pose for which they are granted: 194849 Vote 3.000.00 1.000.00 4,000.00 31,700.00 9,380.00 1,800.00 42,880.00 5,100.00 16,200.00 32,100.00 7,500.00 16,200.00 77,100.00 Vote No. Yukon Council 1 A. :Sesslonal Indem-nlUes 3,000.00 B. Travelling & Living Expenses 1,300.00 C. Legislative Printing 1,100.00 D. Election or New Council 1,750.00 Territorial Offices 2 A. Salaries 31,650.00 B. SUllPlielj, EX'penses, Equj.pment & Renewa!.s C.
Assayer's Office 6,760.00 1',800.00 Department of Education ;J A. Salaries Administration Dawson District , '. WihitE;horse Dl-s~rlct Mayo District Other Districts .1,500.00 I 23,900.00 35,740.00 . 7,500.00 17,760.0~, Assistance to BHnd Ch.\!d,~~n . for Education 500.00 7,150.00 40,200.00 86,900.00
:54 .28,630.00 '17;728.00 123.368.00 4,000.00 2,000.00 1,700.00 4,300.00 114,067.31 126,067.31 1948·49 Vote 7.900.00 60,000.00 1,600.00 300.00 900.00 460.00 " 900.00 SUPPLY B. Su·pplles, Exopenses, Equipment .&; Renewals 22,876.00 .c. Grants to separatescbools 17,600.00 40,376.00 Department of Public Works and Buildings 4 A. Salaries 1,600.00 B. Suppl1es, Ex:penses, Equl;p- meD:t &; Renewals 4,000.00 Department of Health and Public Welfare 4 Health DlviBlon A.Salarles 6,100.00 "B. Su~pl1es, Expenses, "EqulPm~nt &; Renewals ~,200.00 C. "Communlca:ble Disease" (J()nt'} 2,600.00 -D.
Medical care 01 Ind-lgents 3,300.00 E. Hos.pitall Grants 114,060.00 F. Hospital Care T. B. Patients 6,000.00 134,160.00 Vote No. Public Welfare Division G. Child Welfare 14,000.00 H. Social Assistance· Indlgents 16.600.00 I. Grants to Public Organlz'ons 10,000.00 Physical fitness pro- gram 1,700.00 Yukon Law Library 300.00 Ulnar)' Reading Rm. Dawson 900.00 LIbrary Reading Rm. Mayo 460.00 Library Readtng Rm. Whitehor-se 900.00 39,600.00 127,275.00 5,500.01}
SUPPLY 5S 4,000.00 Library Building Whltehorse 4,000.00 750.00 B. C. Yukon Cham- ber of Mines 760.00 500.00 Fish & Game AsBO- elation 500.0(0 200.00 Community Hall Carmacks 500.00 Wlhitehorse Board of Trade 500.00 77.900.00 J. Old Age Pensions 1. Admlnls tratlon 1,000.00 2. Pensions & Supplementary Allowances 32,600.00 203,957.31 ::3;500.00 207,150.00 Local Administration 8 30,000.00 A. City of Dawson 30,000.00 35,690.00 B. City of Whltehorse 34,340.00 3,000.00 C. Town of Mayo 3,600.00 67,840.00 68,690.00 Game and Publicity Department 7 A. Salaries 7,000.00 ~,OOO.OO B.
Supplies, Expenses, Equip- ment & Renewals 3,000.00 12,600.00 C. Wolf Bounties and Coyote Bounties 10,000.00 3.000.00 D .. Game Preservation 2,000.00 22,000.00 --'--- 16,600.00 Non-Departmental 8 16,200.00 A. General and Unforeseen 10,000.00 26,000.00 B. 'Retlrement Fund 10,000.00
56 5,000.00 46,200.00 505,485.31 1948-49 Vote 51,000.00 78,700.00 9,500.00 6,000.00 145,200.00 63,000.00 63,000.00 713,685.31 SUPPLY C. Unemployment I,nsurance 1,200.00 Total Administration Vote N<I. Roads, Bridges &. Public Works 9 A .. Salarles 21,500.00 B. Supplies, Erpenses, Renewals, etc. C. Maintenance of Roads D. Maintenance of airfields 09,500.00 130,000.00 10,000.00 E. Maintena.nce of FeITY Service 6,000.00 237,000.00 21,200.00 498,115.00 Less Recoverable from Garage Services 55,000.00 182,000.00 Capital Expendlturea Cl. 'Road Equipment 2,000.00 ·C2.
Public Works and Buildings 396,000.00 398,000.00 Open Ledger Advances 0-1 Wiood Account &,000.00 2. Educational Books fo\' resale 2,000.00 Govennent Liquor Ordinance 7,000.00 1,086,11'5.00 768,500.00 1,863,615.00 Any surplus of monies standing to the credit of any Vote within a Department may, if in excess of t'he actual amount required ,for such desi'gnated service on recommendation to the Oommissioner 'by the 'head ·of the Department BInd w:ith the. a.~'Proval O'f the Com missioner, be credi·ted to a service within the said
SUPPLY 57 Department, where there is urgent need for such funds and is in the interests oC the ,pu'blic good.
SCHEDULE ::;ums granted to the Commissioner 'by this OrdinlUlce for the twelve months ending M'arch 31st, 1950. Gover,nment Liquor Ordinance 'Purchases of Stock Mercllandise Freight & Marine Insurance Customs, Excise Duty Selling Expense
SCHEDULE B 415,000.00 140,000.00 155,<)00.00 710,000.00 68,600.00 768,500.00 Sums of money granted to the 'Commissioner hy this Ordinance CO!' the twelve months ending March 31st, 1950, :lnll the purposes for which they are granted: Vote 1948·49 CITY OF DAWSON Fire Department: 12,750.00 Salaries !3,950.00 1,600.00 Supplies, Expenses, Renew· ,acls 1,000.00 Fuel, Light & water 3,930.00 2,000.00 General Unforeseen 2,000.00 20,880.00 20,640.00 Administration: Indemnities 400.00 400.00 'Supplies, Ex;penses, Renewals, etc. 400.00 18,444.00 HLV-dra.nt 'Se1'Vlce 15,900.00 2,975.00 Street Lighting 2,675.00 220.00 Sanitary Inspector & Dog Pound Keeper 220.00 700.00 ,General Unforeseen 500.00 20,095.00 22,739.00
7,425.00 6,500.00 13,925.00 57,304.00 SUPPLY ~treetB and Sidewalks: Salaries & Wages 7,600.00 Materials, Supplies, Expenses, ele. 6,600.00 14,000.1)0 54,975.00
INDEX 59 INDJ1]X TO ORDINANCES OF 1949
Section Page BEER ORDINANCE, THE SALE OF, Amended C. 5 ........... .
section 22 amended ................................................................ 1 pl'ilhibited days ............................................................... _ ...... . COUNCIL OF THE YUKON TERRITORY, AN ORDINANCE RESPECTING, Amended C. 3 ...................................................... ..
section 7 and S repealed and substituted ........................ 1 members inaenl'nlty ............................................................. . retroactive .................................................................................. 2 GAME ORDINANCE, THE YUKON, Amended C. 10 ........... .
section 81 new .......................................................................... 1
section 2 amended ................................................................ 2
section 10 (2) amended ........................................................ 3 sectiiln 13 (2) amended ....................................................... .4 GASOLINE AND DIESEL OIL TAX ORDINANCE, C. 1 ... . date effective ............................................................................ 13 <llesel oil defined .................................................................... 2 exem-ptions ................................................................................ 12 gasoJi.ne defined ...................................................................... 2 importer <lefined .................................................................... 2 inspection ilf premises ............................................................
S offences ...................................................................................... 9 penalty ...................................................................................... 10 purchaser defined .................................................................... 2 refund in certain cases ........................................................ 11 repeal C3Jp. 6, O. Y.
T. 1940 ................................................ 14 return ,by Importer .................................................................. 5 tax ................................................................................................... . amount paid by importer ................................................ 3 amount .pald by user ........................................................ 7 remitted ml)nthly ........................................................... .4
short title .................................................................................. 1 vendor <leflned .......................................................................... 2 vend·or's Invoice ...................................................................... 6 HOSPITALS ORDINANCE, THE, Amended C. 6 ................. ..
section 2 (1) repealed and substituted ............................ 1
section 4 (2) a.mended ............................................................ 2 LIQUOR O'RDINANCE, THE GOVERNMENT, Amended C. 4
section 7 Tepealed and SUtbstltuted ...................................... 1
section SA, 8B, SC, BD, BE, BF and SG Tepea.ied ............ 2
section 19A repealed and sU:bstituted .............................. 3 MOTOR CARRIER ORDINANCr, THE, Amended C. 8 ...... ..
section 32 (2) amended .......................................................... 1
section 52 amen<led ................................................................ 2 15 10,11 11 23,2-1 24 24 25 6 ] 4,5 1 1 3 3 3,4 2 4 5 2 2 2 2 1 2 2 16 16 12 13 13,14 20 20
60 INDEX
Section MOTOR VEHICLE ORDINANCE, THE Amended C. 9 <section 2 amended .................................................................... 1
section 34 (2) amended .......................................................... 2
section 34 new su!bsections (4) and (5) .......................... 3 OLD AGE AND BLIND PENSIONS OiRDINANCE, C. 2 ....... . accounts .................................................................................... 10 agreement with Minister ................................................ 2 (
a) Board, Old Age Pensions ....................................................... . cb:ai-r.ma.n ........... ' ............................................................... ..3 duties ......................................................... _ ....................... 4 mem'bers ............................................................................ 3 name .................................................................................... 3 quorum ................................................................................ 3 Iprotection of memibers ................................................. :5 Commissioner's powers .......................................................... 2 pensions ....................................................................................... . amount may be reoovered ............................................ 8 exem'pt from taxation and seizure ................................ 7 scheme of ............................................................................ 2 pensioner not disqualified as voter .................................... 6 I'egulatio·n·g ................................................................................ 11 repeal Cap. 11, O.
Y. T. 1948 ........................................... _ ... 12 short ·titie .................................................................................. 1 PUBLIC ADMINISTRATOR, AN ORDINANCE RESPECT· ING THE OFFICE OF, Amended C. 7 ......................................... . sections 3 an{\ 4 repealed and sulb's-titurted ........................ 1 new
section 5A added' ............................................................ 2 PUBLIC SERVICE ORDINANCE, THE YUKQN TERlRIT- ORIAL, Amended C. 12 ................................................................... . .new
section 45 added ............................................................ 1 new sections 38A and 38B added ...................................... 2 SOCIETIES ORDINANCE, C. 13 ................................................ .. address for service ................... _ ........................................... 28 ·amalga.mation -of soCieties .................................................. 40 application for certificate of incor.poration .................... 7 -arbitration ................................................................................ 26 .attorney for extra-1erri,torial 6'OCiety ....................... _ ...... .45 authenticati·on ........................................................................ 34 bills otf exchange ...................................................................... .. society ma.y make ............................................................ 13 ;how 'madeby s()oCiety ............................................ 21 (3) ,branch s>ocieties ........................................................................ .. estalblishment .................................................................. 19 inCOl1Poration of .............................................................. 20 oby·llliws of society ...................... _ ........................................... . agree witb constitution ........................................ 23 (4) alteration 'of ............................................................ 23 (2) contents .................................................................... 23 (1) oo-py registered ........................... _ ............. _ ............ 7 (3) defined ................................................................................ 2 fines flDr contraven-tion of ............................................ 27 certificate ()If in<:orporation ................................................... . applicati()lJ) for ............................................................ 7 (1) conclus!lve .................................................................. 7
(4) Page 21 21 21,22 9 6 7 7 7 6 7 7 6 8 8 6 8 9 9 6 17,18 19 28,29 29 39 42,43 32 38,39 44.45 40 34 37 35,36 36 38 38 a8 32 30 39 32 33
INDEX /fit 'Section Page 'eUect of .............................................................................. 8 issued by Registrar ................................................ 7 (2) 'published .................................................................... 7 (3) refused by Regi9trar ....... _ ....................................... 7
(2) Commissioner .................. _ ......................................................... . defined ................................................................................ 2 may cause invE>stigation of society .................... 51 (1) may make o~ders for cOonduct of society ........ 51 (4) may make regulations ................................................ 60 .common seal ............................................................................. . ,society may ·have ...................................... _ ............ 9 (2) use on c'ontracts of society ........................................ 21 cO'ntraots ()If society ................................................................. . hQW made and varied .............................. _ ................... .21 power tOo oon'liract .................................................... 9 (1) .constitution of society ........................................................... . alteratiQn of ........................................................ _ .......... 15 amalgamation, Qn ............................................................ 40 ccopy furnished ·mem1bers .............................................. 35 defined ...................................................•............................ 2 .fQrm of .................. _ ...................................................... 7 (1) registration of copy ................................................ 7 (3) unalterable .provisiOons .................................................. 17 ~egrees and diplomas, granting Qf prohibited ............... .4 od i..-ectQrs ....................................................................................... . annual list Qf .................................................................. 31 apPQintment 'of ........................................................ 24 (1) defined ................................................................................ 2 investigation {Jot .•....••...•••••••••...••••••••.•••.•.••••••••••..•••.•.•.•••• 51 paNy tOo offence .......................... _ .................................... 57 'PQwers of .................................................................. 24 (2) security given ,by ...................... _ ................................... .25 dissolution of society ............................................................. . by cancellllltion of certilicate .................................... 36 :by vQluntary surrender of certi'ficate ........................ 37 'prQcedure on .................................................................... 39 dis,tress for .penalty ................................................................ 56 (\ividends p'rQhibited ................................................................ 6 document ................................................................................... _. certllied ropy tOo be evidence ............................ 52 (2) defined ................................................................................ 2 may 'be inspected .................................................... 52 (1) servi'ce of, on a society ................................................ 53 existing societies .................................................................. 59 extraordin·ary resQlution ................... _ .......... _ ...... _ ..... _ .... _. alteration of by·laws ,by ........................................ 23 (2) defined ................................................................................ 2 filed wRh Registrar .................. _ .................................... 33 extra·territorial &ociety .................................................... _ ... . attorney for ..................................................................... .45 certificate to .................................................................. 4'3 defined ............................... _ ............................................... 41 disability if not registered ...................................... _ ... .49 33 32 33 32 30 46 41) 48,411 ·33 36,37 36,37 33 34 42,13 40 30 32 32 35 :11 39 30 31 16 ,IS 38 :l8 40 41 42 47,48 32 17 :n 46 47 48 118 al 10 44,46 44 43 45
INDEX SeCltlon opel'atlon of ...................................................................... 44 registration of ............................................................... .42 rev-ocation of certificate ............................................... .47 statemen'ts to be flIed by ........................................... .46 suspension of certificate ............................................. .47 fees pay3!ble to Registrar .................................................... 58 funds of .society ...................................................................... 11 incorporation -c-f a society ..................................................... . appeal .from Reglstra.r's refusal of ...................... 7 (2) a.pplication for certificate of ................................ 7 (1) by·laws registered on ............................................ 7 (3) certificate of, conclusive ........................................ 7 (4) constitution registered on .................................... 7 (3) constitution defined ........................................................ 2 effect o,f ............................................................................
S land ................................................................................................. .
O'wnershlp on amalgamation of societies ........ 40 (3) society may hold .......................................................... 10 meetings of society ................................................................. . annual general meeting ................................................ 30 general held In Yukon Territory ................................ 29 members ....................................................................................... . no personal liability ........................................................ 5 no transfer of interest ................................................ 6 quali·fication of .............................................................. 22 register of ........................................................................ 32 rights of ............................................................................ 22 nallIe ............................................................................................. . on restoration to register .................................... 38 (6) power to alter ................................................................ 15 non·pmflt, objects must be .................................................... 3 notice of ....................................................................................... . address for service of extra· territorial society ... .46 address for service o·f society .................................... 28 alteration of objects, name, locality ............... 15 (4) branch society ........................................................ 19 (2) default ....................................................................... 38 (1) intention to strike off register ........................... 38 (2) objects of a society .................................................................. 3 offences .................................................................. , ...................... . by officer, agent, employee of society .................... 57 by society ........................................................................ 54 during investigation of a society ........................ 51 (3) operation of an extra·territ-c,ria:1 society ................ ' ........ 44 I)OWers of a branch society ................................................ 20 powers of a society ................................................................... . as;(]ci:ItioII wit'h other socif\ties ................................ 14 ·bllols of exchange ............................................................ 1:1 borrowing ......................................................... : .............. !l::1 branch societies, to ·have ............................................ 19 cam mOon seal, to have .............................................. 9 (2) contract, to .................................................................. 9 (1) declaration of existing 'SOCiety, to alter ................ 18 fund'S, use of .................................................................. 11 Page H 43 ·t5 45 45 1S 33 32 !l2 32 33 32 30 33 43 33 39 39 32 32 37 39,tO 37,3S 42 ::14 31 ·15 .l9 :35 35 41 n 31 4S -17 46 4·' 36 31 H 35,36 33 33 iI!i ;{3
INDEX 63
Section Page locality, to alter ............................................................ 15 name, to alter .................................................................. 15 objects, to alter ............................................................ 15 real pro-perty .................................................................... 10 to sue. and Ibe sued .................................................. 9 (1) .prohibitions ................................................................................. . acting as llIgent o()f unregistered society ................. .48 capital divided into shares ............................................ 6 dividends to members .................................................... 0 maintenance of action by unregistered society ..... .49 :permanent proxies ................................................ 22 (4) :trao-sfer of membership ................................................ 6 proxies, permanent prohi·blted .................................... 22 (4) regtSlter of ·memlbers of a society ........................................ 32 Registrar defined .................................................................... 2 Registrar's powers to .............................................................. . issue certiflocate ........................................................ 7 (2) refu~·e certificate ...................................................... 7 (3) restore to register ................................................ 38 (5) rev·oke and: cancel certificate .................................... 36 strike off .register .......................................................... 38 regulations ................................................................................ 60 repeal ·Ca-p. 84, ·C.
O. Y. T. 1914 ....................................... 61 re5lpons~bility for offences of Mciety ............................ 57 reSltoratiiOn of society to register .............................. 38 (5) restoratlO<t! of society t<, register for limited til~le 38 (7) revoc3Jtlon of certificate of incorporation ....................... 36 seal, see common seal ............................................................... . service on a society ................................................................ 53 share capital -prohibited ........................................................ 6
short title .................................................................................... 1 500iety ........................................................................ . defined ................................................................................ ~ dissolution, see ................................................................... . incorporation, see ............................................................... . meeting of, see ................................................................... . 'powers of, see ..................................................................... . st·atements ................................................................................... . ·an-nual statement of society ........................................ 30 directors, annual list ·of ................................. : .............. 31 extra-territorial Mciety, oof .......................................... 46 stri·king society off register ........................................ 38 (3) subscl'j.ption defined .............................................................. 2 suspension 01' cer-ti·ficate et! incorporation ....................... . extra·territorial society, of ...................................... ..47 society, of ........................................................................ 36 tBlble of fees ..........................................................
Schedule C w.inding·u-p ................................................................................ 39 SUPPY, C. 11 ..................................................................................... . SUPPLY, C. 14 ................................................................................ . 15 32 32 4f; 38 ~~ 3f: 39,~O 31 :'l2 32 42 10 41 48..!9 19 4S 42 ,I?' 40 1; 30 31 39 39 15 H 31 45 10 51 42 26,27 52 to 58