Yukon Ordinances, 1980 — Ordinance respecting Amend 15 Companies 17 Condominium Ordinance, An Or; Loan Companies Act

Yukon Ord. 1980

Yukon — Historical Statutes

ORDINANCES of the YUKON TERRITORY passed by the YUKON COUNCIL In the Year 1980 Being the First Sitting of the Third Session of the Twenty-fourth Council March 20 - April 21, 1980 D. Bell, Administrator Produced by the Lea1alat1ve Coun.e1'. Office. Department of Jutice. for the GowniIIe1lt of Yukon. PriDtecl IIIId Pub11ahecl for the Gove~t of Yukon UDder Authority of

Chapter P-9 of the ltClY1aed Ord1Danc .. of the Yukon Territory. 1971. by DiarlllU1d O'Donovan. Queen'. Printer.

BILL NO:- 32 37 2 25 18 20 33 34 29 14 26 9 4 31 23 12 21 35 15 3 8 16 24 ORDH;AN'::ES OF THE YUKON TERRITORY

CHAPTER No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1980 (First Sitting) TITLE PAGE No.

Business Development Incentive 1 Community Assistance Ordinance, An Ordinance to Amend 15 Companies 17 Condominium Ordinance, An Ordinance to Amend 35 Credit Union Ordinance, An Ordinance to Amend 39 Energy Conservation Ordinance 41 Evidence Ordinance, An Ordinance to Amend 43 Executions Ordinance 45 Fatal Accidents Ordinance 65 Financial Agreement Ordinance 73 Frustrated Contracts Ordinance 75 Garnishee Ordinance 79 Government Employee Housing Plan, An Ordinance to Amend III Human Tissue Gift Ordinance 115 Insurance Ordinance, An Ordinance to Amend 123 Interim Supply Appropriation Ordinance, 1980-81 125 Liquor Ordinance, An Ordinance to Amend 127 Liquor Tax Ordinance, An Ordinance to Amend 129 Loan Agreement Ordinance

(1980) No. 1 131 Miscellaneous Statute Law Amendment Ordinance 133 Motor Vehicles Ordinance, An Ordinance to Amend 149 Municipal General Purposes Loan Ordinance, 1980 153 Perpetuities Ordinance 157 - i -

27 24 Presumption of Death Ordinance 169 28 25 Recriproca1 Enforcement of Maintenance Orders Ordinance 173 11 26 Second Appropriation Ordinance, 1979-80 189 13 27 Second Appropriation Ordinance, 1980 -81 191 10 28 Small Claims Ordinance 193 19 29 Stabi1ization Fund Loan, An Ordinance to Amend 197 6 30

Summary Convictions Ordinance 199 30 31 Survivorship Ordinance 219 17 32 Transport Public Utilities, An Ordinance to Amend 221 22 33 Trustee Ordinance, An Ordinance to Amend 247 7 34 Yukon River Basin Study Agreement Ordinance 249 Note: The following Bills are still on the Order Paper: Bill #1 - An Ordinance to Perpetuate a Certain Ancient Right Bill #5 - An Ordinance to Amend the Electrical Public Utilities Ordinance Bill #36 - An Ordinance to Amend the Game Ordinance Private Members' Public Bill: Bill #101 - Fair Weather Friends Ordinance The 1980 First Sitting of the Third Session of the Twenty-fourth Council was adjourned on April 21, 1980. - ii -

ORDINANCES OF THE YUKON TERRITORY 1980 (1st),

Chapter 1 BUSINESS DEVELOPMENT ASSISTANCE ORDINANCE (Assented to May 2, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Short title "application" "approval" "Board" "financial assistance" 1 (1) 2(1) "local improve ment" "municipality" "project" "purpose" "applicant" "purpose" "project" (2 ) This Ordinance may be cited as the Business Development Assistance Ordinance. In this Ordinance, "application" means an application under

section 3 for financial assistance: "approval" means an approval of an application made under

section 4: "Board" means the Business Development Advisory Board established under

section 13; "financial assistance" means financial assistance applied for under

section 3; "local improvement" has the same meaning as in the Municipal Ordinance and includes services of the nature ordinarily supplied by public utilities; "municipality" has the same meaning as in the Municipal Ordinance; "project" means a project in respect of which an application for financial assistance may be made. or approved under this Ordinance; and "purpose" means a purpose in respect of which an application for financial assistance may be made or approved under this Ordinance. For all purposes subsequent to the approval of an application, "applicant", "purpose", and "project" - 1 -

Applicant 3(1) for assist- ance Approvalof 4(1) application Contents of approval Information to be given Repayment (2 ) (3)

(4) Business DeveZopment Assistance Ordinance Chp. 1 mean, respectively, the applicant, purpose and project specified on the approval under subsection 4 (2) • Any person may apply to the Commissioner for financial assistance under this Ordinance. Where an application has been made for financial assistance the Commissioner may, in accordance with this Ordinance, approve the application in whole or in part, with or without terms or conditions. The approval ·of an application shall specify (

a) the name of the applicant, (

b) the amount of the financial assistance that is to be paid to the applicant, (

c) the purpose for which the financial assistance is to be paid, (

d) the project in respect of which the financial assistance is to be paid, and (

e) the terms and conditions, if any, subject to which the financial assistance is to be paid. It shall be deemed to be a condition of every approval that the applicant shall, before the payment of the financial assistance, furnish to the Commissioner on demand such information as the Commissioner reasonably may require for the purpose of ascertaining (

a) the actual or anticipated effect of the payment of the financial assistance on the carrying-out or success of the project, or (

b) the compliance of the applicant with this Ordinance or with a term or condition of the approval. It may be a condition of the approval of an application that the applicant agree to repay all or part of the financial assistance under such circumstances and upon such terms as may be specified in the approval. - 2 -

Pre requisites for approval projects Purposes Operation of project Notice to applicant Notice of approval Acceptance of approval Mail Payment of assist, ance 5(1) 6(1) (2 ) ( 3) 7 (1) ( 2) (3) (4 ) B

(1) Business Development Assistance Ordinance Chp. 1 The Commissioner shall not approve an application unless (

a) the Commissioner has received the recommenda tion of the Board in relation to the applica tion, and (

b) the Commissioner is of the opinion that a direct result of the carrying out of the 'project will be a net increase in the number of opportunities for long-term employment in the Territory or the prevention of a decrease in the number of such opportunities. No application for financial assistance shall be approved for a purpose in relation to a project that is not of an industrial or commercial nature. No application for financial assistance shall be approved for a purpose that is not authorized by this Ordinance.

Except as provided by subsection 25(3), no applica tion for financial assistance shall be approved for the purpose of the operation of a project. Where an application is not approved, the Commissioner shall deliver to the applicant forthwith a notice that his application has not been approved. Where an application is approved in whole or in part, the Commissioner shall deliver the approval to the applicant forthwith. Upon receipt of an approval, the applicant ma~ accept the approval by signing a copy of the approval and delivering it to the Commissioner.

An applicant and the Commissioner may deliver documents to each other under this

section by mail. Where an application has been approved by the Commissioner with or without terms and conditions and the approval has been accepted under subsection 7(3), financial assistance in the amount specified - 3 -

Proof Discretion to pay (2) ( 3) Business DeveZopment Assistance O~dinance Chp. 1 in the ~pproval shall be paid by the Commissioner to the appli~an~ on demand, unless (

a) any of the terms or conditions specified in the app=oval have not been met, (

b) the Commissioner has become aware, since the making of the approval, that the applicant made any misrepresentations in, or in support of, the application, and the misrepresentation actually misled the Board or the Commissioner, or was calculated to do so, (

c) the Commissioner is not satisfied that the applicant has paid, for the carrying-out of the purpose in relation to the project, an amount greater than or equal to the amount of the financial assistance, (

d) the purpose, in relation to the project, has not been fully carried out to the satisfication of the Commissioner, or (

e) there is reason to believe that the applicant has, since accepting the approval, discontinued or changed substantially his intentions as represented by him in, or in support of, his application. Where, in any proceeding by a person against the Commissioner for the payment of financial assistance under subsection (1), it is alleged that the requirements of this Ordinance for the payment of the financial assistance have been satisfied, the burden of proving the allegation is on the person making the allegation. Notwithstanding paragraphs (1) (

a) and (d), the Commissioner may Cl_uthorize the payment of financial assistance in an amount less than the amount specified in the approval, where (

a) the applicant has, in the opinion of the Commissioner, complied substantially with the terms and conditions specified in the approval, or (

b) the applicant has paid an amount for carrying out the purpose in relation to the project, and the failure of the applicant to comply with any term or condition was not, in the - 4 -

Progress payments Progress payments Assignees Local projects Real estate (4) ( 5) 9 (1) 10(1)

(2) Business Development Assistance Ordinance Chp. 1 cpinion o! the Commissioner, due to circum stances within the control of the applicant. Notwithstanding subsection (1), the Commissioner may authorize the partial payment of financial assistance before the purpose is fully carried out where the Commissioner is.satisfied that (

a) ther~ is no reason to believe that the purpose will not be fully carried out, or that the payment of the balance of the financial assistance may not be authorized under sub section (1), and (

b) the partial payment of the financial assistance is important to the carrying-out of the purpose or the success of the project. More than one partial payment may be made.under subsection (4) in relation to one approval, but the aggregate of all such payments shall not exceed the lesser of (

a) three-quarters of the amount specified on the approval under paragraph 4(2) (a), and (

b) the amount expended by the applicant for the carrying-out of the purpose in relation to the project. Notwithstanding any other provision of this Ord inance, no financial assistance shall be paid to a person who is the assignee of the applicant unless the requirements of subsection 8(1) have been satisfied, and (

a) the assignment was made with the written consent of the Commissioner, or (

b) the Commissioner is of the opinion that it would be unjust in the circumstances not to make the payment. No financial assistance shall be paid under this Ordinance in respect of a project that is not being, or has not been, carried out within the Territory. NO financial assistance shall be paid under this Ordinance in respect of a project ·that consists - 5 -

Assistance not rl!tro active

(3) Improper 11(1) approval Informa- 12 (1) tion to be given Offence

(2) Board 13 (1) established Oath of office Term of office (2)

(3) Business DeveZopment Assistance Ordinance Chp. only of the lcqllisition or development by the applicant of. real property solely for sale or lease. 1 No financial assistance shall be paid undei this Ordinance in respect of any amount paid before the application for the financial assistance is approved, or in respec~ of any obligation to pay an amount arising before the application for the financial assistance is approved. Where a conflict occurs between an approval and the provisions of this Ordinance, the approval is unenforceable to the extent of the conflict. Where financial assistance is paid to an applicant under

section 8 or 9, the applicant shall furnish to the Commissioner on demand made within five years after the payment is made, such information as the Commissioner reasonably may require for the purpose of assessing the effect of the payment of the financial assistance on the carrying-out or success of the project, or on the number of opportu nities for long-tenn employment in the Territory. Every person who fails to comply with a demand under subsection (1) commits an offence.

Business Development Advisory Board There is hereby established a Business Development Advisory Board, consisting of not less than 5 persons appointed by the Commissioner, one of whom sha~l be appointed as the Chairman, and another as the Vice-Chairman. Every member of the Board shall, before entering upon the execution of his duties, take and subscribe the prescribed oath or affirmation of office. Each member of the Board shall be appointed for a term of not more than two years. - 6 -

Travel expenses Chairman Vice chairman (4) 14 (1)

(2) Quorum and 15 (1) vacancy Conflict of interest Substitute members Secretary Duties of Secretary 16 (1) (2) 17 (1)

(2) Business DeveZopment Assistance O~dinance Chp. 1 The Commissioner shall fix the travelling and living expenses that may be paid to a member of the Board in respect of his absence from his ordinary place of residence in connection with the performance of his duties under this Ordinance. The Chairman of the Board is the chief executive officer of the Board, and he shall (

a) supervise and direct the work of the Board, and (

b) preside at sittings of the Board. If the Chairman is, unable at any time for any reason to perform ~he duties of his office, or if his office is vacant, the Vice-Chairman has and may exercise all of the powers of the Chairman. A majority of the members of the Board constitutes a quorum, but a vacancy in the membership of the Board does not impair the right of ,the remainder to act. No person interested directly or indirectl'y in any project to which a matter before the Board relates shall act as a member of the Board in relation to that matter.

Where any member of the Board is prevented from acting under subsection (1), the Commissioner may appoint a member to act in his place for the purpose of dealing with that matter. The Commissioner may, from among the persons employed in the public service, (

a) designate a person to be the Secretary of the Board, and (

b) provide the Board with su'ch other employees or assistants as may be necessary for the proper conduct of the business of the Board. The Secretary of the Board shall (

a) receive applications, (

b) at the direction of the Chairman or the Commissioner, investigate and make reports - 7 -

Experts Annual report Report to be tabled Meetings Special meetings

(3) Hi (1) (2) 19 (1)

(2) Procedure 20(1) Duties of 21 (1) the Board Business Development Assistance Ordinance Chp ~ 1 respecting applications and the carrying-out of purposes and projects in relation to applications, (

c) keep a record of the business conducted by the Board, (

d) have the custody and care of the records, documents and recommendations of the Board, and (

e) obey the instructions given to him by the Chairman relating to his office as Secretary of the Board. The Commissioner may, upon the recommendation of the Board, engage the services of experts or persons having special technical or other knowledge to advise the Board on matters under this Ordinance. The Secretary of the Board shall, no later than the 31st day of May in each year, prepare a report showing the activities of the Board in the preceding fiscal year. The report prepared under subsection (1) shall be signed by the Chairman, and it shall be tabled in the next ensuing session of the Territorial Council.

The Board shall meet at the call of the Chairman as often as the conduct of its business may require. The Board shall hold meetings in addition to those required under subsection (1) at such times and places as the Commissioner may require. The Board may make rules governing the procedure to be followed at meetings of the Board. The Board sha 11 (

a) review applications and make recommendations to the Commissioner respecting the approval of applications for financial assistance under this Ordinance, and (

b) at the request of the Commissioner, make recommendations concerning the payment of financial assistance in respect of applications that have been approved. - 8 -

Factors to be considered Informa tion for Board Verifica tion by oath Decision on appli cation ( 2) ( 3) ( 4) 22

(1) Business Development Assistance Ordinance Chp. 1 In making a recommendation to the Commissioner to approve or not to approve an application, the Board shall take into con~ideration (

a) the provisions of this Ordinance and the regula tions; (

b) the extent to which the project may contribute to the development of the.economy of the Territory; (

c) the extent to which the project may be carried out if the application is not approved; (

d) the costs that may be incurred by the Commissioner, by the Government of Canada, or by a municipality, if the project is carried out; (

e) the viability of the project; (

f) the ability of the applicant to carry out the project; (

g) the effect of the project on a community; (

h) the applicant's receipt, or eligibility for receipt, of financial assistan~e for the purpose in relation to the project, from the Commissioner under any other Ordinance, from the Government of Canada, or from a municipality; and (i) .such other factors as the Board considers relevant to the accomplishment of the purposes of this Ordinance.

For the purpose of performing its obligations under subsection (1), the Board may require the applicant to furnish such information as it considers relevant to the application, and the Board may defer consideration of the application until the required information is supplied. The Board may require that representations made by or on behalf of the applicant in, or in support of, an application be verified by oath or affirmation. Every recommendation of the Board to the Commissioner under paragraph 21(1) (

a) shall be in writing, and shall set forth (

a) the opinion of the Boa~d on every matter in respect of which the opinion of the Commissioner is a prerequisite to the approval of an - 9 -

Decision on payment! Purpose Amount (2) 23 (1)

(2) Business DeveZopment Assistance Ordinance Chp. 1 application or the payment of financial assistance under this Ordinance; (

b) the recommendation of the Board that the Commissioner should or should not approve the application; (.

c) where it is recommended that the application be approved, (

i) the .name of the applicant to whom the financial assistance should be paid, (ii) the maximum amount of the financial assistance that should be paid, (iii) the purpose for which the financial assistance should be paid, (iv) the project in respect of which the financial assistance should be paid, and (

v) the terms and conditions, if any, subject to which the financial assistance should be paid; and (

d) any other matter that the Board considers the Commissioner ought to take into consideration in deciding whether or not to approve an application. Every recommendation of the Board to the Commissioner under paragraph 21(1) (

b) shall be in writing and shall set forth the opinions of the Board on every matter that is a prerequisite to the payment of financial assistance under this Ordinance . . Opportunity Identification Incentive An application may be approved for the purpose of providing financial assistance to an applicant for the costs of developing a proposal for a project. The amount of financial assistance payable under this

section shall not exceed (a) (

b) where the costs incurred by the applicant in developing the proposal for the project are less than $10,000, 75% of those costs, and where the costs incurred by the applicant in developing the proposal for the project are $10,000 or more, 50% of the costs in excess of $10,000, in addition to the costs provided for in paragraph (a), - 10 -

Purpose Mining roads Amount for new project Amount for new project Purpose 24 (1) (2) (3 ) ( 4) 25(1) Busines8 Development Assistance O~dinance Chp. 1 but in nc:·· case shall the amount paid in respect of one applicatioL un~er this

section exceed $50,000. Opportucity Equalization Incentive An application for financial assistance may be approved fqr the purpose of providing local improvements or other services of a similar nature to an applicant in relation to a project where the Commissioner is of the opinion that the provision of the local improvement or other service is important or essential to the success of the project. No application for financial assistance shall be approved under this

section for the purpose of constructing a road in relation to a mining or mineral exploration project. Where the Commissioner is of the opinion that the provision of the local improvement or other service is important to the success of a new project, the amount of financial assistance payable under this

section shall not exceed the lesser of (a) $100,000, and (b) 75 per cent of the amount expended by the applicant for the carrying-out of the purpose in relation to the project. Where the Commissioner is of the opinion that the provision of the local improvement or other service is imP9rtant to the success of a.project that is not a new project, the amount of financial assistance payable under this

section shall not exceed the lesser of (a) $50,000, and (b) 50 per cent of the amount expended by the applicant for the carrying-out of the purpose in relation to the project. Interest Rebate Incentive An application for financial assistance may be approved for the.purpose of reimbursing an applicant. - 11 -

Exception Working capital Completion required Capital projects Other projects (2) ( 3) (4) (5)

(6) Business Development Assistance O~dinance Chp. 1 for interest costs incurred by him in the carrying out of a project. No application for financial assistance shall be approved under this

section in respect of interest other than interest paid qr p~yable in respect of money lent to the applicant by (

a) a bank to which the Bank Act (Canada) applies, (

b) a company to which the Loan Companies Act (Canada) applies, (

c) a trust company to which the Trust Compan.ies Act (Canada) applies~ or (

d) a company or credit union incorporated fo~ the purpose of making loans to the public and authorized to do so by an Ordinance, or by ~n Act of Canad~ or a province. An application for financial assistance under this

section may be approved for the purpose of providing working capital for the operation of a project. Notwithstanding

section 8, where an application is made for financial assistance under this section, other than subsection (3), no amount shall be paid to the applicant until the project has been fully carried out. Where the Commissioner is of the opinion that the loan in respect of which the interest is incurred is for the making of a capital expenditure in relation to a new project, the amount of the financial assistance payable under this

section shall not exceed ta) in the first year after the approval of the application, 75% of the interest charges incurred that year, (

b) in the second year after the approval of the application, 50% of the interest charges incurred in that year, and (

c) in the third year after the approval of the application, 25% of the interest charges incurred in that year. Where the Commissioner is of the opinion that the loan in respect of which the interest is incurred - 12·-

Additional loans Payment prohibited Maximum amount Regula tions (7) (8) (9) 26

(1) Business DeveZopment Assistance Ordinance Chp. 1 i3 for the making of an expenditure that is a capital expenditure in relation to a project that is not a· new project,· the· ·amount of the financial assistance payable under this

section shall not exceed (

a) in the first·year after the approval of the application, 37.5% of the interest charges incurred in that year, (

b) in these:con·d year after· the approval of the application, 25% of the interest charges incurred in that year, and (

c) in the third ye·ar after the approval of the application, 12.5% of the interest charges incurred in that year. More than one application may be made under this

section in relation to one project. No financial assistance shall be paid under this

section in respect of interest paid or payable in relation to a project that consists only of the acquisition of an existing business or shares in a company. No financial assistance shall be paid under this

section in respect of interest paid or payable by one applicant in respect of a loan amount in excess of $500,000. General The Commissioner may make regulations (

a) respecting the manner in which an applicant may be required to satisfy the Commissioner that he has paid any amount for the carrying out of a purpose in relation to a project~ (

b) requiring proof of the carrying-out of a purpose in relation to a project before financial assistance is paid, and providing for the manner in which the proof may be given~ (

c) respecting the making of applications~ (

d) respecting the making of demands for the payment of financial assistance under

section B ,. - 13 -

(1) Business DeveZopment Assistanae Opdinanae Chp. 1 (

e) prescr:iibing terms or conditions that may be specif:iied in approvals- under subsections 4 (2) and 4(4); (

f) prescribing terms- or conditions that shall be deemed- to be specified in: every aprroval made a~ter the- regu:l!a-tion' comes into force; and (

g) gene:r;a]ly" ca'rrying the provisions and purposes of this Ordinance into effect. This Ordinance- comes into force on a day to be fixed by the conuniss-ioner. - 14 -

ORDINANCES OF l'HE YUKON TERRITORY 1980 (1st),

Chapter 2 AN ORDINANCE TO AMEND THE COMMUNITY ASSISTANCE ORDINANCE (Assented to May 2, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) Sections 33 and 34 of the Community Assistance Ordinance are amended by striking out the ex~ pression "1 mill" and substituting therefor the expression "2 one-hundredths of 1 per cent". 2(1) This Ordinance shall be deemed to have come into force on January 1, 1980. - 15 -

- 16 -

tlinsurance" Refusal of registration ORDINANCES OF ThE YUKON TERRITORY 1980 (1st),

Chapter 3 AN ORDINANCE TO AMEND THE COMPANIES ORDINANCE (Assented to May 2, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) The Companies Opdinance is amended by inserting immediately after the definition "general rules" where it occurs in

section 2 thereof the following new definition: ""insurance" means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;". 2(1) The Ordinance is amended by adding after

section 5 the following new section: "5.1(1) The Registrar may, where he is of the opinion that any document submitted to him (

a) contains matter contrary to law; (

b) by reason of any omission or mis-description, has not been duly completed; (

c) does not comply with the requirements of this Ordinance; or (dl contains any error, alteration or erasure refuse to receive or register the document and request that the document be appropriately amended or completed and re-submitted, or that a new document be submitted in its place. - 17 -

Form of document Publication of notice An Ordinance to Amend the Companies Ordinance

(2) Every document required by this Ordinance to be filed or registered with the Registrar shall be (

a) in typed or printed form and, Chp. J in the opinion of the Registrar, legible and sufficiently permanent for his records, and· (

b) in the English language, or accompanied by a notarially certified English translation thereof." 3(1) The Ordinance is amended by repealing paragraphs 11 (2) (e), (

f) and (

g) and substituting the following therefor: "(

e) contain the agreement of each subscriber to be a member of the company; and (

f) contain every restriction upon the business to be carried on by the company or upon the powers of the company." 4(1) The Ordinance is amended by repealing subsection 17(4), by'renwnbering subsection (5) as subsection (4), and by adding the following new subsection: "

(5) The registrar may publish in the Yukon Gazette a notice of the change of name made pursuant to subsection (4) ." (2) Subsection 17(7) of the Ordinance i~ amended by striking out the expression "thirty days" and substituting there for the expression "ninety days". 5(1) The Ordinance is amended by repealing subsection 18(4) and substituting the following therefor: "

(4) The Registrar may cause the certifi cates, setting out the memorandwn as altered, to be published twice in the Yukon Gazette, at the expense - 18 -

Nwnber of members Amendment of Table A Statutory declaration An Ordinance to Amend the Companies Ordinance Chp. of the company, with at least one week intervening between the two publications." 6(1) The Ordinance is amended by repealing sub

section 19(4) and substituting the following therefor: "

(4) In the case of an unlimited company or a company limited by guarantee, if the company does not have a share capital, the articles shall state the number of members with which the company proposes to be registered." 7(1) The Ordinance is amended by adding the following new

section after

section 20: "20.1(1) To the extent that, under subsection 19(2) or 20(1), the regulations of a company are the regulations contained in Table A in

Schedule I, the regulations of the company shall be deemed to be those contained in Table A in

Schedule I as it is in force from time to time, unless a contrary intention is set forth in the articles of the company." 8(1) The Ordinance is amended by repealing sub

section 26(2) and substituting the following therefor: "

(2) A statutory declaration of compliance with all or any of the requirements referred to in subsection (1), made by a solicitor engaged in the formation of the company, or by an officer or director of the company, shall be produced to the Registrar, and the Registrar may accept the declaration as sufficient evidence of compliance." - 19 -

Further information Resolution to be filed Publication of resolution An Opdinanae to Amend the Companies Opdinanae Chp. J 9(1) Subsection 33(3) of the Ordinance is amended by striking out the expression "subsection (1)" and substituting there for the expression "subsection (1) or (6), as the case may be." (2) Subsection 33(4) of the Ordinance is amended (

a) by striking out the expression "after three months" and substituting there for the expression "later than one month", and (

b) by striking out the expression "sub section (1)" and substituting therefor the expression "subsection (1) or (6), as the case may be".

(3) Section 33 of the Ordinance is amended by adding the following new subsection: 10 (1) "

(7) The Registrar may at any time require the company to supply such further or other information as he deems reasonable and proper." The Ordinance is amended by repealing sub

section 63(3) and substituting the following therefor: "

(3) A copy of every such resolution, certified by an officer or agent of the company, shall be filed in the office of the Registrar within ten days after the passing of the resolution, and ten days shall elapse after the filing thereof before the payment out of any such dividends to the shareholders."

(2) The Ordinance is amended by repealing sub

section 63(4) and substituting the following therefor: "

(4) After the filing of every such resolution with the Registrar, the Registrar may, by a notice published - 20 -

Registered office Notice of office Location of meetings An Ordinance to Amend the Companies Ordinance Chp. J 11 (1) in the Yukun Gazette, declare to what sum the ~apital of any such company, by such payment of dividends, stands reduced; and the company shall pay the Registrar the costs of such publication." The Ordinance is amended by repealing sub

section 69(1) and substituting the following therefor: "

(1) Every company shall have a registered office in the Territory at which it may be served, and to which all communications and notices may be addressed, and may from time to time change the location of its registered office."

(2) The Ordinance is amended by repealing subsection 69(2) and substituting the following therefor: 12 (1) "

(2) Notice of the situation of the registered office of such company shall be delivered to the Registrar with the memorandum of association, and notice of any change, signed by an officer, director, agent or solicitor of the company, shall be given to the Registrar." The Ordinance is amended by repealing subsection 71(3) and substituting the following therefor: "

(3) Every general meeting of the company shall be held within the Territory, except where written permission to the contrary has been given by the Registrar."

(2) Section 71 of the Ordinance is amended by adding, immediately after subsection (3), the following new subsection: - 21 -

Meeting not required Qualifications of oirector An Ordinance to Amend the Companies Ordinance Chp. J 13 (1) 14 (1) "71(3.1) Notwithstanding subsection (1), it is not necessary for a company to hold a general meeting where ',- (

a) all of the shares of the company are owned by one shareholder, or (

b) all of the members entitled to attend and vote at the meeting consent in writing to all business required to be transacted at the meeting, in which case the meeting shall be deemed to have been held on the date specified in the consent." The Ordinance is amended by repealing subsections 79(1) and (2) and substituting the following therefor: "

(1) A person is not capable of being appointed director of a company by the articles, and shall not be named as a director or proposed director of a company in any prospectus issued by or on behalf of the company, unless, before the registration of the articles or the publication of the prospectus, as the case may be, he has, by himself or by his agent authorized in writing, either signed the memorandum for a number of shares not less than his qualification, if any, or signed a contract in writing to take from the company and pay for his qualif ication shares if any." Subsection 82(1) of the Ordinance is amended by striking out the expression "from time to time notify to the Registrar any change among its directors or managers" and substituting therefor the expression "within thirty days of any change in its directors or managers, - 22 -

Exception An O~dinance to Amend the Companies O~dinance Chp. 3 15 (1) 16 (1) give the Registrar written notice of the change". Subsection 86(1) of the Ordinance is amended by striking out the expression "by writing under its common seal" and substituting therefor the expression "by instrument in writing." Subsection 102(4) of the Ordinance is amended by striking out the expression "stating the amount thereby secured". (2) Subsection 102(6) of the Ordinance is amended by striking out the expression "not exceeding twenty-five cents for each inspection". 17 (1) 18 (1) 19

(1) The Ordinance is amended by repealing subsection 102.1(4) and substituting the following therefor: "

(4) This

section does not apply to a guarantee or the provision of security given by a private company in connection with the purchase made or to be made by any company or person of not less than ninety percent of the issued common shares in the capital of such private company if the giving of any such guarantee or the provision of such security has been previously author ized by spec~al resolution of such private company." Subsection 109(1) of the Ordinance is amended by striking out the expression "twenty-five cents" and substituting there for the expression "fifty cents".

Subsections 110(1) and (2) of the Ordinance are amended by striking out the expression "ten cents" and substituting therefor the expression "twenty-five cents". - 23 -

Contents of st",tement An Ordinance to Amend the Companies Ordinance Chp. J 20 (1) 21 (1) 22 (1) 23 (1) 24(1) 25(1)

Section 118 of the Ordinance is repealed. Subsection 121(1) of the Ordinance is amended by striking out the expression "authenticated by the seal of the company whose affairs they have investigated" and substituting there for the expression "purporting to be signed by them" • Subsections 142(1) and (3) of the Ordinance are amended by striking out the expression "under authority of

an Act" and substituting there for the expression "by

an Act". Subsection 149(1) of the Ordinance is amended by striking out the expresssion "may obtain a licence" and substituting therefor the expression "may be registered". The Ordinance is amended by repealing paragraph 154(1) (

a) and substituting the following therefor: "(a) "business" means such lawful. objects and purposes for which an extra-territorial company is established as are within the legislative authority of the Territory and includes the sale of its shares or debentures by or on behalf of the company, but does not include the business of banking or insurance, the construction and operation ofa railway or the operation of air transport, canals, telegraphs, telephones or irrigatiori;" Paragraph 156(1) (

b) of the Ordinance is amended by striking out the expression "thirty days" and substituting therefor the expression "sixty days".

(2) The Ordinance is amended by repealing subsection 156(2) and substituting the following therefor~ "

(2) The statement shall declare that - 24 -

Attorney of company Head office not in the Territory Continuation in Yukon An Ordinance to Amend the Companies Ordinance Chp. 26(1) the company is a valid and sub sisting corporation and legally authorized to transact business under its charter, and shall be duly executed by the company; and one diiecto~ 6r officer of the company shall make a statutory declaration on behalf of the company, verifying the particulars set forth in the statement. I; The Ordinance is amended by repealing sub

section 163(2) and substituting the following therefor: :5 "

(2) The first attorney shall be appointed by the company in the statement filed by it under

section 156 and where the attorney for any reason ceases to act as such or the company desires to change its attorney, the company shall forthwith file a notice, stating the full name, address and occupation of the new attorney appointed by it."

(2) Section 163 of the Ordinance is amended by adding the following new subsection: 27(1) 28(1) "( 7) Where an extra-territorial company does not h~v~ a head office in the Territory, a reference in this Ordinance to the head office of the company shall be deemed to be a reference to the address of its attorney under this section". The Ordinance is amended by repealing sub

section 165(1). The Ordinance is amended b~ repealing

section 165.1 and substituting the following therefor: "165.1(1) A corporation incorporated under the laws of a jurisdiction other - 25 -

Instrument . of continua tion Laws of the Territory Certificate of continua .. tion Terms and conditions An O~dinance to Amend the Companies O~dinance Chp. 3 than the Territory may, if it appears to the Registrar to be authorized by the laws of the jurisdiction in which it was incorporated, deliver to the Registrar an instrument of con tinuation in duplicate continuing it as if it had been incorporated under this Ordinance.

(2) The instrument of continuation shall (

a) set out those matters required by the regulations, (

b) be signed by an officer or director and verified by a statutory declaration of the person signing the instrument of continuation, and (

c) be accompanied by such other material as may be required by the Registrar.

(3) The instrument of continuation shall make any amendments to the charter of the corporation necessary to make the instrument conform to the laws of the Territory and may make such other amendments as are permitted under this Ordinance as if the corporation were incorporated under this Ordinance.

(4) If the instrument of continuation conforms to law, the Registrar may, when all prescribed fees have been paid, file one duplicate of the instrument and issue to the corporation a certificate of continuation to which he shall affix the other duplicate.

(5) The Registrar may issue the certificate of continuation on such terms and - 26 -

Effect of certificate Appeal Continuation outside Yukon Ordinance no longer applies Reciprocity An Opdinance to Amend the Companies Opdinance Chp. 3 subject to such limitations and conditions and containing such provisions as appear to him to be fit and proper.

(6) On and after the date set forth in a certificate of continuation issued under subsection (4), this Ordinance applies to the corporation to the same extent as if it had been incorporated under this Ordinance.

(7) The Registrar may refuse to issue a certificate of continuation, but' an appeal from his decision lies to the Commissioner. 165.2(1) A company may, if authorized by (

a) a special resolution, (

b) the Registrar, and (

c) the laws of another jurisdiction, apply to the proper officer of that other jurisdiction for an instrument of continuation continuing the company as if it had been incorporated under the laws of that other jurisdic- . Hon.

(2) A company shall cease to be a company within the meaning of this Ordinance on and after the date on which it is continued under the laws of the other jurisdiction and the company shall forthwith file with the Registrar a copy of the , instrument of continuation certified by the proper officer of'the other jurisdiction.

(3) This

section applies only in respect of a jurisdiction that has laws that permit corporations incorporated under its laws to - 27-

Liabilities not affected Winding-up by the Court An Ordinance to Amend the Companie8 Ordinance Chp. 3 29(1) 30 (1) 31 (1) 32(1) 33(1) 34(1) apply for an instrument of continua tion under the laws of the Territory. 165.3(1) All rights of creditors against the • property, rights and assets of a corporation continued under

section 165.1 and all liens upon its property, rights and assets are unimpaired by the continuation, and all debts, contracts, liabilities and duties of the corporation thenceforth attach to the continued corporation and may be enforced against it.n Subsection 165(2) of the Ordinance is amended by striking out the expression "under authority of

an act" and substituting there for the expression "by

an Act". Subsection 174(1) of the Ordinance is amended by striking out the expression "under authority of any Act" and substituting there for the expression "by

an Act". Subsection 177(1) of the Ordinance is amended by striking out the expression "four regular issues of the Yukon Gazette, consecutively" and substituting therefor the expression "two issues of the Yukon Gazette, at least one week apart". Subsection 178(1) of the Ordinance is amended by striking out the word "four" and substituting there for the word "two". Subsection 179(1) of the Ordinance is amended by striking out the word "four" and substituting therefor the word "two". The Ordinance is amended by repealing subsection 219(1) and substituting the fo11owing therefor: "219

(1) A company may be wound up by the Court - 28 -

An Ordinance to Amend·theCompanies Ordinance Chp.· J 35 (1) 36(1) 37 (1) 38 (1) 39(1) 40(1) 41 (1) (

a) if the company has by special resolution resolved that the company be wound· up by the Court, (

b) if default is made in filing the statutory report or in holding the statutory meeting, (

c) if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year, or (

d) if the Court is of the opinion that it is just and equitable that the company should be wound up." Subsection 263(1) of the Ordinance .is amended by stri.king out the expression "in the form prescribed". Subsection 269(1) of the Ordinance is amended by striking out all the words following the expression "for such consideration as the company thinks .fit". The Ordinance is amended by repealing subsection 301(4) thereof. Paragraph 337(4) (

a) of the Ordinance is amended by striking out the expression "under the corporate seal thereof". The Ordinance is amended by adding immediately before Form "A", the heading "Schedule II". The Ordinance is amended by striking out the word "citizenship" where it occurs in Form "A" and Form "B" in

Schedule II. The Ordinance is amended by striking out the expression "paragraph II" where it occurs in paragraph (

b) of the Notes to Form "B" in

Schedule II and substituting therefor the expression "paragraph 2". - 29-

An Ordinance to Amend the Companies Ordinance Chp. 3 42(1) The Ordinance is amended by repealing Form .. c .. in

Schedule II and substituting the following therefor: "FORM .. c .. COMPANIES ORDINANCE YUKON TERRITORY ANNUAL REPORT 1. This report contains information as at .............................. , 19 •••• 2. Name of Company 3. Date of Incorporation or Amalgamation 4. Annual General Meeting: State date and place last annual general meeting was held: 5. Directors: Name Resident Address: 6. Officers: Name: Address: Office: - 30 -

An Ordinanae to Amend the Co·mpanies Ordinance Chp.J 43(1) ( 2) 44

(1) Certified correct the of ., 19 ... -.................. . Signature Relationship to Company NOTES: (

a) This date must be the anniversary of the incorporation or amalgamation. (See

section 33). (

b) Section 33 requires that this report be filed within one month of the anniversary of incorporation or amalgamation in each year." The Ordinance is amended by repealing paragraph 6 of Form "D".in

Schedule 11 and substituting the following therefor: "6. All filings required by the Companies Ordinanae have been made, relating to any change in (1) the address for the head.office or chief place of business outsid~ .the Territory, (2) the address of the registe'red office in the jurisdiction of incorporation, or (3) the name and address of any attorney within the Territory." The Ordinance is amended by repealing paragraphs 10 and 12, and by renumbering paragraph 11 as paragraph 10. The Ordinance is amended by repealing paragraph 6 of Form "E" in

Schedule 11 and substituting the following therefor: "6. The full addr,ess of the registered - 31 -

An Ordinance to Amend the Companies Ordinance Chp. office in tile jurisdiction of incorporation is "

(2) The Ordinance is amended by repealing the Statutory Declaration accompanying Form "E" in

Schedule II and substituting the following ·therefor: "S TAT U T 0 ~ Y D E C L A RAT ION CAN A D A YUKON TERRITORY TO WIT I, of IN THE MATTER OF THE COMPANIES ORDINANCE AND OF: , of , and, , do solemnly declare: 1. That I am the ..•.............. (director or secretary or other officer) of ..........•.•....•........... (name of corporation) 2. That I have personal knowledge of the matters set forth in the foregoing Statement of the corporation. 3. That the information contained i~ the Statement is true and correct. 4.

That the corporation has not within the preceding five years been convicted of any offence involving fraud. AND I make this solemn declaration conscientiously believing it to be true. Declared by the above named declarant at in the - 32 - 3

An Ordinance to Amend the Companies Ordinance Chp. J 45(1) 46 (1) of this 19 day of .................... ) A Notary Public in ) and for the CONSENT I , of , hereby consent to act as the attorney of the above-mentioned extra-territorial company. Date this day of , 19 Signature" The Ordinance is amended by repealing Form "F" in

Schedule 11. This Ordinance shall come into force on a day to be fixed by the Commissioner. - 33 -

- 34 -

ORDINANCES OF THE YUKON TERRITORY 1980 (1st),

Chapter 4 AN ORDINANCE TO AMEND THE CONDOMINIUM ORDINANCE (Assented to April 14, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1)

Section 18 of the Condominium Ordinance is repealed and the following subst~tuted therefor: Insurance by Corporation "18(1) The Corporation shall obtain and maintain insurance in respect of Payment under policy (2) the units and the common elements to the replacement value thereof against fire, and against such other perils including liability as may be specified by the declaration or by-laws to the amount required by the declaration or the by-laws: and for this purpose the Corporation shall be deemed to have an insurable interest in the units, the common elements, and in the subject matter of any other perils insurance.

Any payment by an insurer under a policy of insurance entered into under subsection (1) shall, notwith standing the terms of the policy, be paid to the order of the insurance trustees designated by the declaration or the by-laws of the Corporation, if any, and otherwise shall be paid to or to the order of the Corporation: and, subject to

section 20, the Corporation shall forthwith use the proceeds for the repair or replacement of the damaged units and common elements so far as the same may lawfully be effected. - 35 -

No contri bu~ion Insurallce by unit owner Paytnent to mortgagee An Ordinance to Amend the Condominium Ordinance Chp. 4 (3 ) (4) ( 5) A policy of insurance issued to a corporation under subsection (1) is not liable to be brought into contribution with any other policy of insurance except another policy issued on the same property under subsection (1); and, notwithstanding the provisions of the policy, shall be deemed not to be other insurance in relation to such other policy. Notwithstanding sUbsection (1), the Insurance Ordinance or any other law relating to insurance, a unit owner may obtain and maintain insurance (

a) in respect of loss or damage to his unit against fire and other perils in excess of any amount for which it is insured by the Corporation under subsection (1), (

b) in respect of loss or damage to his unit in excess of any amount for which the improvements are insured by the Corporation under subsection (1), (

c) in respect of loss of rental value of his unit in excess of any amount for which it is insured by the Corporation under subsection (1), and (

d) for the purpose of paying to the mortgagee under a mortgage of the unit the amount owing under the mortgage on the date of any loss or damage to the unit. Notwithstanding the Insurance Ordinance or the terms and conditions of the policy, any payment by an insurer under a policy of insurance entered into for the purpose of - 36 -

No contri bution Other insurance An Opdinance to Amend the Condominium Opdinance Chp. 4 2

(1) NOTE: (6) ( 7) paragraph (4) (

d) shall be made to th·:! mortgagel~s, if the mortgagees, or any of them so require, in the order of their priorities, and the insurer is then entitled to an assignment of the mortgage or a partial interest in the mortgage to secure the amount so paid. A policy of insurance issued to a unit owner under this

section is not liable to be brought into contribution with any other policy of insurance except another policy issued on the same property; and notwithstanding the provisions of the policy, shall be deemed not to be other insurance in relation to such other policy. Subsection (1) does not restrict the capacity of any person to insure otherwise than as provided in that subsection." This Ordinance comes into force on a day to be fixed by the Commissioner. This Ordinance is based on a model Act recommended by the Uniform Law Conference of Canada. - 37 -

38 -

ORDINANCES OF THE YUKON TERRITORY 1980 (1st),

Chapter 5 AN ORDINANCE TO REPEAL THE CREDIT UNION ORDINANCE (Assented to April 14, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: Repeal Existing rights Whitehorse Credit Union Ltd. 1 (1) (2) (3 ) Subject to this section, the Credit Union Ordinance is repealed. Nothing in this Ordinance affects any right, benefit or privilege that any person had prior to the coming into force of this Ordinance.

The Credit Union Ordinance shall be deemed to remain in force for the purpose of the winding-up, dissolution or liquidation of the Whitehorse Credit union Ltd. 2(1) This Ordinance, or any provision of this Ordinance, comes into force on a day to be fixed by the Commissioner. - 39 -

- 40 -

Short title Authority for agree ment OH.DINANCES OF THE U;KON TERRITORY 1980 (1st),

Chapter 6 ENERGY CONSERVATION AGREEMENT ORDINANCE (Assented to April 16, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1 (1) 2(1) This Ordinance may be cited as the Energy Conservation Agreement Ordinance. The Commissioner may enter into agreements with the Government of Canada, subject to such terms and conditions as the Commissioner may deem appropriate, providing for the creation of programs (

a) to improve the efficiency with which energy is used by residential, industrial, commercial and institutional establishments in the Territory, (

b) to develop or demonstrate techniques for the conservation of energy or for the use of renewable sources of energy, or (

c) to identify and evaluate the energy resources of the Territory. 3(1) This Ordinance comes into force on a day to be fixed by the Commissioner. - 41 -

- 42 -

Medical report Penalty in costs ORl.)INANCES OF Ti:lE YUKON TERRITORY 1980 (1st),

Chapter 7 AN ORDINANCE TO AMEND THE EVIDENCE ORDINANCE (Assented to April 14, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1)

Section 11 of the Evidenae Ordinanae is amended by adding the following new subsections: "

(2) Notwithstanding subsection (1), a report or finding that purports to have been prepared and signed in a professional capacity by (

a) a medical practitioner, (

b) a dentist, or (

c) a chiropractor, licensed to practise in any part of Canada is, with leave of the court, admissible without testimony and without proof of his signature, qualifications or license.

(3) Where a medical practitioner, dentist or chiropractor has testified in an action and the court is of the opinion that all or part of his evidence could have been produced as effectively by way of a written report or finding under subsection (2), the court may order the party who produced him as a witness to pay as costs there for such sum as the court deems appropriate." 2(1~ This Ordinance comes into force on a day to be fixed by the Commissioner. - 43 -

- 44 -

Short title "company" "execution creditor" "land" "personal property" 'property" "sale ll ORDINANCES OF THE YUKON TERRITORY 1980 (1st),

Chapter 8 EXECUTIONS ORDINANCE (Assented to April 14, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1 (1) 2(1) This Ordinance may be cited as the Exeautions 01'dinanae.

In this Ordinance, "company" includes a credit union, a bank, and any corporation established for the purpose of trade or profit, or for the construction of any work, or for the acquisi tion of gain; "execution creditor" includes a person who is deemed to be an execution creditor under s~ction 18 of the Creditors' ReZief Ordinance; "land" has the same meaning as in the Land Titles Act (Canada); "personal property" means goods, chattels and effects that are situated in the Territory, but does not include land, or property that could not in law or in equity be sold by the execution debtor without the assent of another person immediately before it is bound by the writ; "property" means personal property and land; "sale" means sale under a writ of execution and, in the case of a sale of land, includes a sale under and other writ within the meaning of

section 125 of the Land Titles Act (Canada); - 45 -

"seizure" "sheriff" "writ of execution" Land 3(1) Titles Act (Canada) Creditors'

(2) Relief and Small Claims Exemptions Ordinance Seizable property Prohibited seizures Inquiries by sheriff (3) 4 (1)

(2) Executions Ordinanoe "seizure" means seizure under a writ of execution: "sheriff" has the same meaning as in the Creditors' ReZief Ordinance and, Chp. 8 (

a) in relation to

section 61 of the Judicature Ordinance, means a person to whom a writ of execution is issued by a Small Claims Official, and (

b) in relation to

section 62 of the Judicature Ordinance, means a Small Claims Official: and "writ of execution" includes a writ of seizure and sale, a writ of sequestration, a certificate under

section 17 of toe Creditors' ReZief Ordinanoe, and any writ that may be issued subsequently for giving effect to a writ of execution. The provisions of this Ordinance are subject to the provisions of the Land TitZes Act (Canada) • The provisions of thi. Ordinance are subject io the provisions of the Creditors' ReZief Ordinanoe and to secti-ons 61 and 62 of the Judicature Ordinance. Except as provided by subsection 7(2), the provisions of this Ordinance are subject to the provisions of the Exemptions Ordinance. All of the property of an execution debtor is liable to seizure and sale.

No person other than the sheriff shall effect a seizure or sale of property. The sheriff is not required to make any inquiry as to the existence or location of property that might be liable to seizure or sale. - 46 -

Security to sheriff Application to judge Costs of application Effect of writ (2) (3) ( 4) 6

(1) Executions Ordinance Chp. 8 The sheriff is not required to do any act to effect the seizure or sale of property, or to do any act in relation to the seizure or sale of property, unless the execution creditor, where required by the sheriff to do so, has provided reasonable security (

a) indemnifying the sheriff against all damages, costs and expenses, including the costs and expenses of interpleader proceedings, that the sheriff may incur or to which he may become liable by doing the act, and (

b) indemnifying any person who has an interest in the property against any damages, costs or expenses that the person may suffer by reason of the doing of the act. Where a difference occurs as to the security required to be provided pursuant to subsection (2) , (

a) the execution creditor may apply at his own cost to a judge for an order determining the security to be provided, and (

b) the sheriff is not required to do any act to which subsection (2) applies until the security has been provided pursuant to the order. Except in the case of a writ of execution issued upon a judgment for an amount within the jurisdiction of a Small Claims Official, the costs of providing security under this section, including the costs of an application under subsection (3), may be added to the costs of the execution creditor that may be included in the amount required to be levied by the writ. A writ of execution binds the personal property of the execution debtor from the receipt of the writ by the sheriff, but the writ does not affect an interest in any of that property - 47 -

Effect of second writ Instruc tions to sheriff Seizure of exempt property Seizure of shares Time of seizure ( 2) 7 (1)

(2) B (1)

(2) Executions Opdinance Chp. 8 acquired by a person for valu"able consideration before he receives notice that the writ has been received by the sheriff. Where a writ of execution that has not been satisfied remains in the hands of the sheriff and he receives another writ of execution, the property of the execution debtor shall be deemed to have been bound by the later writ from the date from which the property was bound by the earlier writ.

Seizure of Personal Property Before he seizes any personal property, the sheriff may require written instructions from the execution creditor instructing him to , effect the seizure, and the sheriff may require that the instructions contain a description of the property that will enable him to identify and seize it.

Notwithstanding any provision of the Exemptions Opdinance, where the sheriff deems it impractic able to distinguish between personal property that is exempt from seizure and personal property that is not exempt, he may seize exempt property along with property that is not exempt, but the seizure of the exempt property shall be released as soon as the sheriff can ascertain which of the seized property is exempt.

In addition to any other method of seizure that may be applicable, the sheriff may effect the seizure of personal property that consists of or relates to shares in a company by delivering a copy of the writ of execution to the registered office of the company in the Territory. A seizure of an execution debtor's interest in personal property under subsection (1) - 4B -

Exception Effect of seizure Payment of dividends, etc. Situs Seizure of mobile home Refusal of permission Making of demand (3) (4) (5) (6) 9 (1) (2)

(3) Executions Ordinance Chp-. ·8 shall be deemed to. take place upen the receipt ef the writ at the registered effice ef the cempany. Subsectien (1) dees net apply in relatien to. shares in respect ef which a share warrant to. bearer has been issued but has net been surrendered. Where a seizure has been effected under subsectien (1) er by any ether methed, ne transfer ef the shares er ef any interest in the shares by the executien debter is valid unless the seizure has been released.

Frem the receipt ef a cepy ef a writ ef executien at the registered effice ef a cempany, all dividends, premiums, benuses er ether pecuniary prefits in the shares that weuld etherwise be paid by the cempany to. the executien debter shall be paid by the cempany to. the sheriff, until the seizure is released. Persenal preperty seized under this sectien. shall be deemed to. be persenal preperty feund by the sheriff at the registered effice ef the cempany.

Except as previded by subsectien (2), where persenal preperty that is a mebile heme is eccupied, the sheriff shall net take pessessien ef the preperty witheut demanding and receiving the permissien ef the eccupant to. de se. Where the eccupant ef persenal preperty that is a mebile heme refuses to. deliver up pessessien ef the mebile heme upen demand by the sheriff, er where ne respense is made to. the demand, the executien crediter may apply to. a judge fer an erder directing the eccupant to. deliver up pessessien ef the preperty to. the sheriff.

A demand under this sectien may be made by affixing a netice in the prescribed ferm to. the mebile heme. - 49 -

Notice of seizure Publica tion of notice 10(1)

(2) Tampering (3 ) with notice Record of 11 (1) notice Con structive notice Notice of seizure Failure to give notice Removal of property 12(1) (2) 13 (1) 14(1) Executions Ordinance Chp. 8 Where the sheriff seizes personal property and does not cause such possession to be taken of the property as would be reasonable notice to others of the seizure, he shall, at the time of the seizure, affix a notice in the prescribed form to the property, or to a conspicuous place upon the premises where the property is located at the time of the seizure.

Where the sheriff has affixed a notice as provided by subsection (1) and he believes that the notice may become lost or obliterated, he shall also cause the notice to be published in a newspaper circulating in the Territory. No person shall remove or deface a notice affixed by the sheriff under this section. The sheriff shall keep a record of all notices affixed or published by him under

section 10 and the record shall be open for inspection by any person at the prescribed times, upon payment of the prescribed fee. Where a notice is affixed or published under

section 10, every person who has not previously received notice of the receipt of the writ of execution by the sheriff shall be deemed to have received such notice upon the affixation of the notice. Notice that property has been seized by the sheriff shall be deemed to be notice of the receipt of the writ of execution by the sheriff. A seizure is not affected by the failure of the sheriff to affix or publish a notice as provided by

section 10 or by any defect in a notice affixed or published under

section 10. Where the sheriff believes that, for the security of personal property seized by him, it should be removed from the premises upon - 50 -

Inventory of pro perty Request before removal Agent for seizure Seizure continues Release of seizure (2) (l) (4) 15(1)

(2) Executions Ordinance Chp. 8 which it is situated at the time of the seizure, he may remove the property by such means, at such times, and to such places as he deems proper. The sheriff shall deliver an inventory of personal property that has been seized (

a) to the execution debtor, upon request, and (

p) to a person, other than the execution debtor, in possession of the property at the time of the seizure, upon request made before the property is removed from the premises upon which it is situated at the time of the seizure. Where a request under subsection (2) is made before the property is removed from the premises upon which it is situated at the time of the seizure, the sheriff shall not remove it from the premises until he has delivered the inventory to the person making the request.

Where the sheriff has seized personal property, he may appoint the execution debtor or any other person to be his agent to hold the property on behalf of the sheriff, but no such appointment is effective unless it is accepted in writing by the appointee. A seizure of personal property shall,be deemed to be a continuing seizure until the seizure is released. Except as otherwise provided in this Ordinance, a seizure of personal property is released (

a) by the sale of the property, or (

b) by the issuance of a notice of release of the seizure in the prescribed form by the sheriff. - 51 -

Notice of release Form and service Continuation of seizure Procedure Order by judqe Release after notice 16 (1) (2) (3) (4) (5) ( 6) 17(1) Instructions for sale Executions Ordinance Chp. 8 Where a period of six months has elapsed from the date upon which a seizure was effected, the sheriff may give, to any execution creditor, 60 days' notice of his intention to release the seizure. A notice of the sheriff's intention to release a seizure under subsection (1) shall be in the prescribed form and it shall be served upon the person to whom it is directed, or mailed to him by registered or certified mail.

A person who receives a notice of intention under subsection (1) may, within the 60-day period, apply to a judge for an order continuing the seizure. An application under subsection (3) may be made ex parte or upon such notice as a judge may direct. A judge, upon hearing an application, may make an order providing for the release or continuation of the seizure upon such terms as he considers proper.

Where a person who has been given notice under subsection (1) does not apply for an order under sUbsection (3) and the sheriff releases the seizure after the expiration of the 60-day period, no action arising out of the release of the seizure is maintainable by that person against the sheriff. Sale of Personal Property Before the sheriff sells personal property that has been seized, he may require the written instructions of the execution creditor to sell the property, and he may require that the instructions set forth the execution creditor's instructions as to the terms and conditions of the sale. - 52 -

Form of sale Notice of sale Notice of objection Sale of shares Form of offer Notice of offer 18(1) (2) (3) 19 (1) (2) (3 ) Executions Ordinance Chp. 8 Except as otherwise provided by this Ordinance, or unless a judge otherwise orders, a sale of personal property that has been seized shall be held by way of public auction or public tender. At least 20 days before personal property is offered for sale under subsection (1), the sheriff shall (

a) serve notice of the offer in the prescribed form on the execution creditor and the execution debtor, or send it to them by registered or certified mail, and (

b) cause public notice of the sale in the prescribed form to be published in a newspaper circulating in the Territory. A notice of objection in the prescribed form shall be served upon or mailed to the execution debtor with the notice of the offer for sale served or mailed under paragraph (2) (a). Where personal property that has been seized consists of shares in a private company, the property shall be offered for sale at a reasonable price to the other shareholders of the company or anyone of them.

For the purposes of subsection (1), an offer of sale shall be made by mailing an offer of sale in the prescribed form by registered or certified mail to the registered office of the company, and the offer shall be deemed to have been made when the offer of sale is received. At least ten days before an offer of sale is made under this section, the sheriff shall serve notice of the offer in the prescribed form on the execution creditor and the execution debtor, or send it to them by registered or certified mail. - 53 -

Dispute as to price Right of first refusal (4)

(5) Perishable 20(1) property Time for sale Restraining order 21(1)

(2) Executions Ordinance Chp. 8 Where a dispute arises between the execution creditor or the debtor and a shareholder as to the price to be paid for shares offered for sale under subsection (1), the shares shall not be sold under subsection (1). Where no sale of personal property that consists of shares in a private company is made under subsection (1) within 30 days of the making of the offer, they shall be sold as if subsection (1) did not apply, but (

a) a person who is not a shareholder of the company is not entitled to purchase any share or shares if a shareholder makes a bid for the share or shares that is equal to or greater than the bid of the person who is not a shareholder, and (

b) a shareholder is not entitled to purchase any share or shares if the bid of the shareholder for the share or shares is less than the bid of any other shareholder for the share or shares. Where personal property that has been seized is of a perishable nature, the sheriff, in his discretion, may sell the property forthwith, in such manner and upon such notice as he deems proper, and the proceeds of the sale shall take the place of and be dealt with as if they were the property that was seized. Except as provided by

section 20 or subsection (5) a sale of personal property that has been seized shall not be held (

a) within 14 days after the seizure of the property, (

b) after an application has been made to a judge under subsection (2), or (

c) after the sheriff has received notice of objection under subsection (3). An execution debtor or any other person who claims an interest in personal property that has been seized may, at any time before the - 54 -

Public notice Notice to others Sub stituted service Order for notice Failure to appear (2) 26(1) (2) (3) (4) , Executions Ordinance Chp. 8 (

d) every person who appears by the records of the Land Titles Office to have an interest in the land acquired after the receipt of the writ by the registrar under the Land Titles Act (Canada), or after the receipt of the first"writ if more than one writ has been received. Before land is offered for sale, the sheriff ,shall cause public notice of the sal~ in the prescribed form to be published at least once a week, for four consecutive weeks, in a newspaper circulating in the Territory, the last of such notices to be published at least ten days before the date of the sale.

Where it appears to the sheriff that any person who has an interest in the land to be offered for sale may be affected by the sale, he shall serve notice in the prescribed form on that person, or mail it ~o him by registered or certified mail, at least 30 days before the land is offered for sale. Where the sheriff is unable to identify or find a person to whom he may be required to give notice under subsection (1), the sheriff may apply to a judge for an order for substituted service.

Upon an application by the sheriff under subsection (2), the judge may in his discretion direct the publication of such advertisements at such times and in such manner as the judge thinks fit, calling upon all persons claiming to be interested in the land to come in to establish their claims before the court within the time specified in the advertisements. After the expiration of the time specified in an advertisement published under subsection (3), all persons who have not come in to establish their claims before the court, whether or not they are within the Territory, - 57 -

Registered i~terests Adjourn ment of sale Venditioni exponas Notice of sale warranty as to title Effect of sale (5) 27 (1) (2) (3) 28 (1)

(2) Executions Ordinance Chp. 8 including persons under disability, are absolutely debarred from all right, title and interest in and to the land to the extent that such right, title or interest would otherwise prevail over the interest acquired by a purchaser at the sale of the land. This

section does not apply to a person mentioned in paragraphs 25 (1) (a), (

b) or (

c) or to an interest in the land appearing by the records of the Land Titles Office to have been registered before the receipt of the writ by the registrar under the Land Titles Act (Canada). Where land is offered for sale and no bids that are adequate in the opinion of the sheriff are made for the land, the sheriff may adjourn the sale, and a sale held upon an adjournment is subject to all of the provisions of this Ordinance as if the previous sale had not been held.

Where land remains unsold after having been offered for sale upon an adjournment, a writ of venditioni exponas may be issued, and on delivery thereof to the sheriff he shall sell the land for the highest bid made the next time the land is offered for sale. A sale of land under a writ of venditioni exponas is subject to the provisions of

section 25 relating to the giving of notices. General Every sale of property shall be without warranty as to title. A sale of property transfers to the purchaser the same estate, right, title, or interest as the execution debtor possessed (

a) in the case of personal property, at the - 58 -

Obliga tions of others Release of contract 29 (1)

(2) Seizure 30(1) of security for money Obligations of others

(2) Executions Ordinance Chp. 8 time as of which the property was bound by the receipt of the writ by the sheriff as provided by

section 6, or (

b) in the case of land, at the time when the writ was received by the registrar under

section 125 of the Land Titles Act (Canada) . Where property that is sold consists of or is subject to a contract between the execution debtor and another person, the purchaser is not entitled to the benefit of the contract as against the other person until he has given notice of the purchase to that person. The purchaser of property that consists of, or is subject to, contractual rights of the execution debtor against the purchaser shall deliver to the execution debtor upon demand an appropriate release of the execution debtor's liability under the contract. Where property that has been seized, or that is bound by writ under

section 125 of the Land TitZes Act (Canada), consists of a security for the payment of money, whether or not it also secures the performance of any other obligation, (

a) the sheriff may hold the property as security for the satisfaction of the writ, (

b) from the delivery of notice in the prescribed form to the person liable to pay the money until the release of the writ, that person shall pay to the sheriff all money payable and, as it becomes due, all money that may become payable in respect of the property, and (

c) the sheriff may sue in his own name for money payable in respect of the property. Without limiting the generality of subsection 29(1), where property to which this

section - 59 -

Payment to sheriff Improper payment Seizure of money, etc. Payment of charge Assign ment of security (3) (4) 31(1) 32(1) 33(1) Exeautions Opdinanae Chp. 8 applies is sold, a person liable to pay money in respect of the property is not required to make any payment to the purchaser until the purchaser has given him notice of the purchase. A payment of money to the sheriff under paragraph (1) (

b) discharges the person liable to make the payment from his liability to do so to the extent of the payment made. A payment of money in contravention of subsection 8(5) or paragraph (1) (

b) is of no effect as against the sheriff or a purchaser of the property. Where personal property that has been seized consists of money, or bank notes, it may be applied directly to the satisfaction of the writ.

An execution debtor is entitled to recover from the purchaser of property that is sold any amount paid by the execution debtor, in respect of the period between the date when the writ was received by the sheriff, or by the registrar under the Land Titles Aat (Canada), as the case may be, and the date of the sale, pursuant to a pecuniary charge on the property that has priority over the execution under which the sale is held.

Where personal property that has been seized consists of a cheque, bill of exchange, promissory note, bond, specialty or other security for the payment of money that does not secure also the performance of any other obligation, the sheriff may assign the property to the execution creditor at the sum actually due on and secured by the property if the execution creditor will accept the property as money collected. - 60 -

Notice of assign ment Authority of sheriff Effect of assign ment Obligations of others (2) (3) (4)

(5) Oi rections 34 (1) by judge Actions prohibited Wrongful seizure (2) 35

(1) Executions Ordinance Chp. 8 At least ten days before an assignment is offerp.d to be made under subsection (1), the sheriff shall serve notice of the offer in the prescribed form on the execution debtor, or send it to him by registered or certified mail. The authority conferred on the sheriff in this

section is in addition to any authority conferred on him by this Ordinance or otherwise possessed by him at law. An assignment by the sheriff to the execution creditor of any personal property mentioned in subsection (1) discharges the sheriff to the extent of the amount due on and securea by the property. An execution creditor to whom an assignment is made under this

section shall be deemed to be a purchaser at a sale of the property to which subsections 29(1) and 30(2) apply. The sheriff may apply to a judge at any time for directions as to the exercise by the sheriff of any authority or responsibility in relation to the seizure or sale of property. No action is maintainable against a sheriff for anything done by him in compliance with an order or directions of a judge. Where a claim is made to or in respect of property that has been seized or that has been bound by a writ under

section 125 of the Land TitZes Act (Canada), and the execution creditor notifies the sheriff in writing that he admits the claim, the sheriff may (

a) release the seizure or transmit a certificate to the registrar under

section 127 of the Land TitZes Act (Canada), as the case may be, and (

b) apply to a judge for an order protecting the sheriff from any action in respect of the seizure or binding of the property. - 61 -

Notice of application Order by judge Claim to proceeds Procedure Questions concerning she~iff Ancillary powers (2) (3) (4) 36 (1) (2) 37

(1) Executions Ordinance Chp. 8 The claimant shall be given notice of the application made ~y the sheriff under paragraph (1) (b), and he is entitled to be heard at the hearing of the application. Upon hearing the application, whether or not. the claimant has attended, the judge may make such order as he deems just, including an order as to costs. For the purposes of subsection (1), a claim to or in respect of the proceeds or value of such property shall be deemed to be a claim to or in respect of the property. Upon any application to a judge under this Ordinance, the judge may (

a) direct that the application be dealt with in a

summary way or by the trial of an issue, (

b) require such notice to be given to such parties as the judge thinks proper, and (

c) hear evidence either viva voce or by affidavit. Where, upon the hearing of an application under this Ordinance, it appears to the judge that the disposition of the application may involve the determination of a dispute as to the authority or responsibility of the sheriff, or as to the interests of any person in any property, the judge in his discretion may proceed to hear and determine the matter.

Where a judge is authorized to make an order under this Ordinance, he may also refuse to make the order, or he may make the order subject to such terms and conditions as he deems appropriate, and he may make such further or other orders as are necessary to give full effect to the order he is specifically authorized to make under this Ordinance. - 62 -

Territorial 38

(1) Court Monetary limit Breach of Ordinance Other remedies Mailing of notice Proof of mailing Receipt of notice Liability of debtor for costs Liability of creditor for costs (2) 39(1) 40 (1) . 41 (1) (2 ) (3) 42 (1)

(2) Executions Ordinance Chp. 8 For the pur·poses of this Ordinance, a judge of the Territorial Court has all the powers of a judge in'relation to personal property to deal with any application in respect of a writ of execution issued upon the judgment of a judge of the Territorial Court or issued by a Small Claims Official. This

section does not empower a judge of the ~erritorial Court to deal with an application where the amount in issue exceeds $1500. A breach of any of the provisions of this Ordinance does· not affect the title to property acquired by a purchaser by way of sale, notwithstanding any knowledge he may have of the breach, unless he is a party to the breach. Nothing in this Ordinance deprives an execution creditor of any other remedy otherwise available to him.

Where any notice is authorized to be mailed to a person under this Ordinance, the notice may be mailed to that person at his post office address last known to the person mailing the notice. Proof of the mailing of a notice under this Ordinance may be made by affidavit. A notice mailed under this Ordinance shall be deemed to have been received ten days after the date on which it was mailed. An execution debtor is not liable for any costs o~ expenses incurred in respect of a writ of execution that is released under

section 16 or 35. The execution creditor is liable for the , payment of costs or expenses incurred by the - 63 -

Qiscretion of court

(3) Regulations 43(1) 44

(1) Ezecutions O~dinanc~ Chp. 8 sheriff under the instructions of the execution creditor where (

a) the amount levied by the sheriff against the execution debtor is not sufficient to pay the costs or expenses, or (

b) the writ of ex~cution in respect of which the costs or expenses are incurred is released under

section 16 or 35. Except as provided by subsections (1) and (2), the costs of execution proceedings are in the discretion of the court. The Commissioner may make regulations (

a) prescribing the forms necessary for the purposes of this Ordinance, (

b) prescribing the fees to be charged by the sheriff under this Ordinance, (

c) requiring the payment of fees to the sheriff for the doing of any act under ~ writ of execution or under this Ordinance, (

d) governing the practice to be followed on applications under this Ordinance to a judge, (

e) prescribing the times when the record kept under

section 11 shall be open for inspection, (

f) governing the requirement or provision of security to the sheriff under subsection 5 (2) , (

g) governing the requirement or provision of instructions to the sheriff under subsection 7(1), 17(1) or 23(1), (

h) requiring the sheriff to keep recorc.s, and governing the inspection of those records, and (

i) generally, for carrying the purposes and provisions of this Ordinance into effect. This Ordinance shall come into force on a day to be fixed by the Commissioner. - 64 -

short title "child" "deceased" "parent" "tort feasor" Damages for death ORDINANCES OF 'IHE YUKON TERRITORY 1980 (1st),

Chapter 9 FATAL ACCIDENTS ORDINANCE (Assented to April 14, 1980) The Commissioner of the Yukon Territory, by and· with the advice and consent of the Council of the said Territory, enacts as follows: 1 (1) 2(1) 3(1) This Ordinance may be cited as the Fatal Accidents Ordinance.

In this Ordinance, "child" includes a son, daughter, grandson, grand-daughter, step-son, step-daughter, an illegitimate child, an adopted child, and a person to whom the deceased stood in loco parentis; "deceased" means a person whose death has been caused as mentioned in subsection 3(1); "parent" includes a father, mother, grandfather, grandmother, step-father, step-mother, an adoptive parent, and a person who stood in loco parentis to the deceased; and "tortfeasor" means a person whose wrongful act, neglect or default has caused the death, or contributed to the cause of the death of the deceased and who, if death had not ensued, would have been liable to him for damages, and includes a person who would have been liable vicariously or otherwise for such damages.

Where the death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the deceased to maintain an action and recover damages in respect thereof, the person who - 65 -

Action arises on death . Premature settlements Other settlements Death of tortfeasor Coinci denta~ deaths (2) (3) (4) (5)

(6) FataZ Accidents Ordinance Chp. 9 would have been liable, if death had not ensued, is liable f0r damages, notwithstanding the death of the deceased, even if the death was caused in circumstances amounting in law to culpable homicide. Subject to subsection (5), the liability for damages under this

section arises upon the death of the deceased. No settlement made, release given or judgment recovered in an action brought, by the deceased within a period of three months after the commission or occurrence of the wrongful ac"t, neglect or default causing his death, is a bar to a claim made under this Ordinance or is a discharge of liability arising under this Ordinance, but any payment made thereunder shall be taken into account in assessing damages in any action brought under this Ordinance.

Unless it is set aside, a settlement made or release given or a judgment recovered in an action brought by the deceased after the expiration of the period mentioned in subsection (3) is a discharge of liability under this Ordinance. If, at the time of the death of the deceased, the tortfeasor is himself dead, the liability arising under this Ordinance shall be conclusively deemed to have been subsisting against the tortfeasor before his death.

Where the tort feasor dies at the same time as the deceased, or in circumstances rendering it uncertain which of them survived the other, or after the death of the deceased, the liability and cause of action arising under this Ordinance shall be conclusively deemed to lie upon and continue against the executor or administrator of the tortfeasor as if the executor or administrator were the tortfeasor in life. - 66 -

Persons who may benefit Apportion ment of damages Funeral expenses 4 (1) (2)

(3) Negligence 5(1) of beneficiary' Negligence of deceased

(2) Special 6 (1) administrator FataZ Accidents Ordinance Chp. 9 Every action under this Ordinance shall be for the benefit of the wife, husband, parent or child of the deceased, or any of them, and except as hereinafter provided, shall be brought by and in the name of the executor or administrator. S,ubj ect to subsection (3), in every action under this Ordinance such damages as are proportional to the pecuniary loss resulting from the death shall be awarded to the persons respectively for whose benefit the action is brought.

Where an action has been brought under this Ordinance there may be included in the damages awarded an amount sufficient to cover the reasonable expenses of the funeral and the disposal of the body of the deceased if those expenses were incurred by any of the, persons by whom or for whose benefit the action is b:r;ought.

Where a person for whose benefit alone or with others an action may be brought under this Ordinance is a tortfeasor, the damages that would otherwise be awarded for his benefit shall be reduced in proportion to the degree in which the court finds that his wrongful act, neglect or default contributed to the ca,use of the dea th of the deceased.

Where the wrongful act, neglect or default of the deceased contributed to the cause of his death, the damages that would otherwise be awarded under this Ordinance shall be reduced in proportion to the degree in which the court finds that his wrongful act, neglect or default contributed to the cause of his death. Where, within three months after the death of the tortfeasor, (a), no executor of his will or administrator - 67 -

Powers of administrator Effect of judgment Limitation on applica tion (2) (3)

(4) Action by 7 (1) beneficiaries FataZ Accidents Opdinance Chp. 9 of his estate has been appointed in the . Territory, and (

b) no letters probate of his will or letters of administration have been re-sealed in 'the Territory, any person intending to bring or continue ~n action under this Ordinance may apply to a judge of the court in which the action is to. be, or has been, brought to appoint an administrator of the estate of the tortfeasor to act for all purposes of the intended or pending action and as defendant therein; and the judge, on such notice as he may direct, given either specially or generally by public advertisement and to such persons as he may designate, may appoint such an administrator.' The administrator appointed under subsection (1) is an administrator against who~·an action under this Ordinance may be brought or continued and by whom such action may be defended; and the administrator may bring any action or take any proceedings in respect of the action that the tortfeasor could have brought or taken if he were alive.

Any judgment obtained by or against the administrator so appointed has the same effect as a judgment in favour of or against the tort feasor or the executor of h~s will or the administrator of his estate.

No application shall be made under subsection (1) after the expiration of the period of one year mentioned in subsection 9(4), but where such an application is made not earlier than three months before the expiration o~ that period, the judge may, in his discretion and if he thinks it just to do so, extend for a period not exceeding one month the time within which action may be brought as provided in subsection 9(4). Where there is no executor or administrator of the estate of the deceased, or, there - 68 -

Effect of action AssesSment of damages One action Notice not required (2) 8(1) 9 (1)

(2) FataZ Accidents O~dinance Chp. 9 being an executor or administrator, no action is :)rought by him, within six months after the death of the deceased, an action may be brought by and in the name or names of any one or more of the persons for whose benefit the action would have been brought if it had been brought by the executor or administrator. Every action so brought shall be for the benefit of the same persons as if ,it were brought by the executor or administrator. In assessing damages in an action brought under this Ordinance there shall not be taken into account, (

a) any sum paid or payable on the death of the deceased under any contract of insurance or assurance, whether made before or after the·coming into force of this Ordinance, (

b) any premium that would have been payable in future under any contract of insurance or assurance if the deceased had survived, (

c) any benefit or right to benefits, resulting from the death of the deceased under the Workers' Compensation Ordinance, the Social Assistance Ordinance, or the Child Welfare Ordinance, or under any other Act that is enacted by any legislature, parliament or other legislative authority and that is of similar import or· effect, (

d) any pension, annuity or other periodical allowance accruing payable by reason of the death of the deceased, and (

e) any amount that may be recovered under any statutory provision creating a special right to bring an action for the benefit of persons for whose benefit an action may be brought under this Ordinance. Only one action lies under this Ordinance in respect of the death of the· deceased. Except where it is expressly declared in another Ordinance that it operates notwithstanding - 69 -

Effect of , Hmi tation Limitation period Effect of contract (3) (4)

(5) Payment ,10(1) into court Particulars 11(1) of benefic iaries FataZ Accidents Opdinance Chp. 9 this Ordinance, it is not necessary that any notice of claim or intended claim, or notice of action or intended action or any other notice, or any other document, be given or served, as provided in any such other Ordinance, or otherwise, before bringing an action under this Ordinance.

If the deceased, at the time of his death, could not have brought an action against the tort feasor by reason of lapse of time or failure to comply with any statutory or ,contractual condition, a person entitled to bring action under this Ordinance is not, solely by reason of that fact, barred from so doing.

Except where it is expressly declared in another Ordinance that it operates notwithstanding this Ordinance, an action, including an action to which subsection 3(5) or (6) applies, may be brought under this Ordinance within one year after the death of the deceased, but, subject to subsection 6(4), no such action shall be brought thereafter. This

section has effect notwithstanding any contract. The defendant may pay into court one sum of money as compensation for his wrongful act, neglect or default to all persons entitled to damages under this Ordinance, without specifying the shares into which, or the parties among whom it is to be divided under this Ordinance. In every action brought under this Ordinance, (

a) the statement of claim shall contain, or the plaintiff shall deliver therewith, full particulars of the names, addresses and occupations of the persons for whose benefit the action is brought, and (

b) the plaintiff shall file with the statement of claim an affidavit in which he shall - 70 -

Order for particulars Dispensing order (2)

(3) Apportion- 12(1) ment by judge Questions 13 (1) between beneficiaries COllllllis sioner Settle ments by infants 14 (1) 15(1) Fatal Accidents Ordinance Chp. 9 state that to the best of his knowledge, information and belief, the persons on whose behalf the action is brought as set forth in the statement of claim or in the particulars delivered therewith are the only persons entitled, or who claim to be entitled, to the benefit of the action.

Where the plaintiff fails to comply with subsection (1), the court, on application, may order the plaintiff to give such particulars or so much thereof as he is able to give: and the action shall not be tried until he complies with the order: but the failure of the plaintiff to comply with sUbsection (1) or with an order made under this subsection is not a ground of defence to the action, or a ground for its dismissal.

A judge of the court in which the action is brought may dispense with the filing of the affidavit, as required in subsection (1), if . . he is satisfied that there is sufficient reason for doing so. Where the amount recovered has not been otherwise apportioned, a judge in chambers may apportion it among the persons entitled thereto. Where an action is brought under this Ordinance, a judge of the court in which the action is pending may make such order as he may deem just for the determination of all questions as to the persons entitled under this Ordinance to share in the amount, if any, that may be recovered.

The Commissioner is bound by this Ordinance. Where an action is maintainable under this Ordinance, and some or all of the persons for whose benefit the action is maintainable are - 71 -

Confirming order Settle ment proceeds (2) (3) 16(1) 17(1) NOTE: Fatal Acaidents Ordinance Chp. 9 infants, and where the executor or administrator of the person deceased has agreed, either before or after the commencement of an action, on a settlement of the claim or action, either the executor or administrator or the person against whom the claim or action is made or brought, may, on ten days' notice to the opposite party, apply to a judge for an prder confirming the settlement.

The judge may on the application confirm or disallow the settlement, but, if the settlement is confirmed by him, the party against whom the claim is made or action brought shall be discharged from all further claims. The judge may also on the application order the money or a portion thereof to be paid into court or otherwise apportioned and distributed as he may deem best in the interests of those entitled thereto. The Fatal Aacidents Ordinance is repealed. This Ordinance comes into force on a day to be fixed by the Commissioner.

This Ordinance is based on a model Act recommended by the Uniform Law Conference of Canada. - 72 -

ORDINANCES OF THE YUKON TERRITORY 1980 (1st),

Chapter 10 FINANCIAL AGREEMENT ORDINANCE, 1980 (Assented to April 14, 1980)' The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) This Ordinance may be cited as the FinanciaL Agreement Ordinance, 1980. "agreement" 2 ( 1) Commissioner 3(1) may execute agreement Additional 4(1) provisions In this Ordinance "agreement" means the agreement entered into pursuant to

section 3. Subject to this Ordinance, the Commissioner is authorized to enter into and execute, on .behalf of the Government of the Territory, an agreement providing for the payment by the Government of Canada to the Government of the Territory, in respect of the period of one year commencing on April 1, 1980, and ending on March 31, 1981, (

a) as an operating grant, an amount equal to thirty-two million, two hundred and nine thousand dollars, for operating expenses, and (

b) as a capital grant, an amount equal to twenty million, forty-eight thousand dollars for capital expenses. The agreement shall provide also that the amounts payable by the Government of Canada to the Government of the Territory shall be paid, (

a) in the case of the amounts described in paragraph 3(1) (a), in equal installments in each month in the period, and (

b) in the case of the amounts described in paragraph 3(1) (b), in the amounts and at the times set forth in a

schedule to be provided by the Commissioner and agreed to by the Government of Canada. - 73 -

Dther terms and condition~

(2) Variations and amend ments Other laws The Commis sioner may implement agreement Duration of

section 5(1) 6 (1) (2 ) (3 ) Financial Agreement Ordinance. 1980 Chp. The agreement shall contain such other terms and conditions as may be agreed upon for the purpose of giving effect to this Ordinance. The agreement may be varied or amended from 10 time to time by agreement between the Government of Canada and the Commissioner, but no such variation or amendment is valid unless it is ratified by the Council.

Upon the execution of the agreement, every Ordinance, and every regulation or by-law made thereunder, including the by-laws of every municipality or local improvement district, shall, for the relevant periods provided in the agreement, be deemed to be amended, suspended or inoperative as the. case may be to the extent necessary to give effect to the agreement and to permit the Government of the Territory to fulfill every obligation assumed by it under the agreement.

The Commissioner is empowered to do every act and exercise every power for the purpose of fulfilling every obligation assumed by the Government of the Territory under the agreement. This

section shall remain in operation for only so long as may be necessary to give effect to the agreement. - 74 -

Short title Applica tion of Ordinance Exception Contract prevails c:amri.s sioner ORDINANCES OF THE YUKON TERRITORY 1980 (1st),

Chapter 11 FRUSTRATED CONTRACTS ORDINANCE (Assented to April 16, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) 2(1) (2) 3 (1) 4(1) This Ordinance may be cited as the Frustrated Contraats Ordinanae. Subject to subsection (2), this Ordinance applies to every contract (

a) from which the parties thereto are discharged by reason of the application of the doctrine of frustration, or (

b) that is avoided under sections 8 or 9 of the SaZe of Goods Ordinanae. This Ordinance does not apply (

a) to a charterparty or a contract for the carriage of goods by sea, except a time charterparty or a charterparty by demise, (

b) to a contract of insurance, or (

c) to a contract entered into before the date of coming into force of this Ordinance. This Ordinance applies to a contract referred to in subsection 2(1) only to the extent that, upon its true construction, it contains no provision for the consequences of frustration or avoidance. The Commissioner is bound by this Ordinance. partial 5

(1) Where a part of a contract to which this Ordinance applies is performance (

a) wholly performed before the parties are discharged, or (

b) wholly performed except for the payment in respect of that part of the contract - 75 -

Restitu tion for benefit Relief frail obligations Reduction of rest itution "benefit" No restitu tion 6(1) ( 2) (3) (4) 7

(1) Frustrated Contracts Ordinance Chp. of sums that are or can be ascertained under the contract, 11 and that part may be severed from the remainder of the contract, that part shall, for the purposes of this Ordinance be treated as a separate contract that has not been frustrated or avoided, and this Ordinance, excepting this section, is applicable only to the remainder of the contract. Subject to

section 7, every party to a contract to which this Ordinance applies is entitled to restitution from the other party or parties to the contract for benefits created by his pe.1:formance or part performance of the contract. Every party to a contract to which this Ordinance applies is relieved from fulfilling obligations under the contract that were required to be performed prior to the frustration or avoidance but were not performed except in so far as some other party to the contract has become entitled to damages for consequential loss as a result of the failure to fulfil those obligations.

Where the circumstances giving rise to the frustration or avoidance cause a total or partial loss in value of a benefit to a party required to make restitution under subsection (1), that loss shall be apportioned equally between the party required to make restitution and the party to whom such restitution is required to be made. In this section, a "benefit" means something done in the fulfilment of contractual obligations whether or not the person for whose benefit it was done received the benefit. A person who has performed or partly performed a contractual obligation is not entitled to restitution under

section 6 in respect of a loss in value, caused by the circumstances - 76 -

Course of dealing CUstan or under standing (2)

(3) Amount 8(1) of restitution Frustrated Contracts Ordinance Chp. giving rise to the frustration or avoidance, of a benefit within the ~eaning of

section 6, if there is (

a) a course of dealing between the parties to the contract, (

b) a custom or a common understanding in the trade, business, or profession of the party so performing, or (

c) an implied term of the contract, to the effect that the party so performing should bear the risk of such loss in value.

The fact that the party performing such an obligation has in respect of previous similar contracts between the parties effected insurance against the kind of event that caused the loss in value is evidence of a course of dealing under subsection (1). 11 The fact that persons in the same trade, business, or profession as the party performing such obligations generally effect insurance against the kind of event that caused the loss in value, or enter into similar contracts, is evidence of a custom or common understanding under subsection (1).

Where restitution is claimed for the performance or part performance of an obligation under the contract other than an obligation to pay money, (

a) in so far as the claim is based on expenditures incurred in performing the contract, the amount recoverable shall include only reasonable expenditures, and (

b) if performance consisted of or included delivery of property that could be and is returned to the performer within a reasonable time after the frustration or avoidance, the amount of the claim shall be reduced by the value of the property returned. - 77 -

Deter mining anuunt Action pro hibited Limita tion period 9 (1) 10(1) (2) 11(1) 12(1) NOTE: Frustrated Contracts Ordinance Chp. In aetC:'Imining the amount to which a party is entitled by way of restitution or appointment under

section 6, (

a) no account shall be taken of (

i) loss of profits, or (ii) insurance money that becomes 11 payable by reason of the circumstances that give rise to the frustration or avoidance, but (

b) account shall be taken of any benefits which remain in the hands of the party claiming restitution. No action or proceeding under this Ordinance shall be commenced after the period determined under subsection (2). For the purposes of subsection (1), a claim under this Ordinance shall be deemed to be a claim for a breach of the contract arising at the time of frustration or avoidance, and the limitation period applicable to that contract applies. The Frustrated Contracts Ordinance is repealed. This Ordinance comes into force on a day to be fixed by the Commissioner. This Ordinance is based on a model Act recommended by the Uniform Law Conference of Canada. - 78 -

Short title "court" "creditor" "debt" "debtor" ORDINANCES OF THE YUKON TERRITORY 1980 (1st),

Chapter 12 GARNISHEE ORDINANCE (Assented to April 14, 1980) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1(1) 2(1) This Ordinance may be cited as the Garnishee Ordinance. In this Ordinance, "court" means, (

a) in the case of a judgment or action in the Supreme Court, the Supreme Court, and (

b) in the case of a judgment or action in the Territorial Court, the Territorial Court; "creditor" means, (

a) in the case of a writ of garnishment issued or sought to be issued before judgment, the plaintiff in the action, and (

b) in the case of a writ of garnishment issued after judgment, the judgment creditor; "debt" means a debt, obligation or liability to pay money arising out of a contract, trust, court order, statute, claim for restitu tion, or quasi-contractual claim, and includes wages; "debtor" means, (

a) in the case of a writ of garnishment issued or sought to be issued before judgment, the defendant in the action, and; - 79 -

"garnishee" "judgment" "term of the writ" "wages 11 "writ of garnishment" Cause of action 2(2) Immediate 3 (1) garnishment Garnishee Ordinanae Chp. 12 (

b) in the case of a writ of garnishment issued after judgment, the judgment debtori "due" means owing, payable, due or accruing duei "garnishee" means a person upon whom a writ of garnishment is served under this Ordinancei "judgment" includes any order of a court for the payment of moneYi "term of the writ" means the term during which debts are bound by the service of a writ of continuing or temporary garnishment as provided by subsection 11(2) or

section 12, and includes a term as reduced or extended under

section 13; "wages" means wages, salary, commissions, fees and any money payable by an employer to a debtor in respect of work done or services performed in the course of the employment of the debtor; and "writ of garnishment" means a writ of immediate garnishment, a writ of continuing garnishment or a writ of temporary garnishment, as the case may be, issued under this Ordinance. A debt shall be deemed to be due from the garnishee to the debtor if the debtor has a cause of action against the garnishee in respect thereof. Issuance of Writ Subject to

section 7, a writ of immediate garnishment shall be issued by the clerk of the court upon request of a creditor. - 80 -

Continuing 4 (1) garnishment Writ may be set aside Order and exceptions

Section 6 Amount of writ (2) (3) (4) 5(1) Garnishee Ordinance Chp. 12 Subject to

section 7, a writ of continuing garnishment shall be issued by the clerk of the court upon request of a creditor, but a creditor shall not make such a request unless (

a) a writ of immediate garnishment would not be adequate, having regard to the nature of the debt sought to be attached, and (

b) the creditor has knowledge of facts or circumstances, including the relationship between the debtor and the garnishee, amounting to reasonable grounds for his belief that a debt may become due from the garnishee to the debtor. A writ of continuing garnishment that has been issued in contravention of subsection (1) or

section 7 may be set aside by the court upon application made by the debtor or the garnishee at any time during the term of the writ. Upon the hearing of an application under subsection (2) an order shall be granted for the setting aside of the writ unless the creditor satisfies the court that subsection (1) and

section 7 were complied with. Nothing in this

section limits the power of the court to set aside a writ of garnishment under

section 6. A writ of garnishment issued under

section 3 or 4 after judgment shall specify the amount sought to be attached by the writ, but the specified amount shall not exceed the total of (

a) the amount owing on the judgment on the date when the writ is issued, (

b) an amount in respect of the garnishee's costs, and (

c) an amount in respect of the creditor's costs relating to the writ. - 81 -

Writ before 6 (1) judgment Amount of writ Wrj,t may be set aside

Section 4 (2) (3)

(4) Issuance 7 (1) and effect Garnishee Ordinance Chp. A writ of garnishment shall be issued before judgment by the clerk of the court, upon the request of the plaintiff in an action, where the plaintiff's claim against the defendant is for a liquidated demand. A writ issued under subsection (1) shall specify the amount sought to be attached by the writ, but the amount shall not exceed the amount of the plaintiff's claim against the debtor in the action. A writ of garnishment issued under subsection (1) before judgment shall be set aside by the court upon application made by the debtor at any time before judgment unless the court is satisfied that (

a) the creditor's claim against the debtor is for a liquidated demand, 12 (

b) there are reasonable grounds for believing that, if the judgment is obtained by the creditor, it may not be satisfied if the writ is set aside, (

c) having regard to the potential hardship and inconvenience to the debtor and to the potential benefit to the creditor, the writ will achieve a result that is equitable in the circumstances, (

d) the creditor has demonstrated sufficiently the merits of his claim against the debtor, and (

e) the creditor has established that the issuance of the writ did not contravene subsection (1) or

section 7. Nothing in this

section limits the power of a court to set aside a writ of garnishment under

section 4. A writ of garnishment shall not be issued before judgment except as provided by

section 6 or B, but a writ of garnishment issued before judgment otherwise is subject to all - B2 -

Salary or wages Issuance with leave Application for leave (2) 8 (l)

(2) Grounds for (3) giving leave Ga~nishee Ordinanae Chp. of the provisions of this Ordinance, including

section 4, that apply to writs of garnishment issued after judgment. No writ of garnishment shall be issued before judgment for the attachment of a debt that is or may become due to a debtor for salary or wages. A writ of garnishment shall be issued before judgment by the clerk of the court upon the request of the plaintiff in an action for a money judgment to which

section 6 does not apply where the plaintiff has applied for and obtained the leave of the court for the issuance of the writ before judgment. An application for the leave of the court for the issuance of a writ of garnishment befor~ . judgment shall specify the amount sought to be attached by the writ. Leave shall not be given for the issuance of a writ of garnishment before judgment unless the court is satisfied that 12 (

a) there are reasonable grounds for believing that, if a judgment is obtained by the creditor, it may not be satisfied if the writ is not issued, (

b) having regard to the potential hardship and inconvenience to the debtor and the potential benefit to the creditor, the issuance of the writ will achieve a result that is equitable in the circum stances, (

c) the creditor had demonstrated sufficiently the merits of his claim against the debtor, (

d) the issuance of the writ will not contravene the provisions of

section 7, (

e) the debtor has been given ,two days' notice of the application, and (

f) the creditor, if successful, is likely to recover a judgment in the action for - 83 -

Amount to be attached

(4) Amount is (5) not admission Demon stration of merits Presump tions 9(1)

(2) Garnishee Ordinance Chp. an amount not less than the sum of the amount specified in the application and the proceeds of any previous garnishment in respect of the action.

An order granting leave for the issuance of a writ of garnishment before judgment shall specify the amount that may be attached by the writ, and the amount specified in the order shall not exceed, but it may be less than, the amount specified under subsection (2) in the application for leave. 12 The specification in an application under subsection (2) of an amount sought to be attached shall be deemed not to be an admission by the plaintiff as to the amount of his claim against the defendant.

For the purposes of subsections 6(3) and B(3), the merits of a creditor's claim against a debtor are demonstrated sufficiently if (

a) there appears to be no defence that has a reasonable prospect of defeating the claim, other than a defence that, to succeed, depends on a finding, favourable to the debtor, on a fact that is in dispute, and (

b) one or more affidavits filed on behalf of the creditor set out and verify the facts on which the creditor's claim is based and, where a defence is made, deny the facts on which the defence is based, or set out and verify additional facts that rebut the defence. In an application to the court under subsection 6(3) or B(l), it may be presumed in favour of the creditor that, unless the debtor gives evidence to the contrary, (

a) there are reasonable grounds for believing that, if a judgment is obtained by the creditor, it will not be satisfied if the writ is not issued, - 84 -

Temporary 10 (1) garnish- ment Immediate garnish ment Continuing garnish ment 11 (1) (2 ) Temporary 12 (1) garnish- ment Garnishee Ordinanae Chp. (

b) having regard to the potential hardship and inconvenience to the debtor and to the potential benefit to the creditor, issuance of the writ will achieve a result that is equitable in the circum stances, and (

c) the creditor is likely to recover a judgment in the action for an amount not less than the sum of the amount specified in the application and the proceeds of any previous garnishment in respect of the action. Where an application has been made to the c(· ,et for leavp F ... T +-he issuan( of a writ of garnishrnent before judgment under

section 8, the clerk of the court shall issue a writ of temporary garnishment upon the request of the creditor. Attachment of Debts Service of a writ of immediate garnishment upon the garnishee attaches, up to the amount specified in the writ, every debt that is due from the garnishee to the debtor at the time of service.

Service of a writ of continuing garnishment upon the garnishee attaches, up to the amount specified in the writ, every debt that is due from the garnishee to the debtor at the time of service or that becomes due from the garnishee to the debtor within one year from the date on which the writ was issued. Service of a writ of temporary garnishment upon the garnishee attaches every debt due from the garnishee to the debtor at the time of service or that becomes due from the garnishee to the debtor at any time thereafter until the earlier of (

a) the dismissal of the application, - 85 - 12

Subsequent proceedings

(2) Compensation (3) to debtor Reduction 13 (1) of term Extension of term. Order to be served (2)

(3) Garnishee Ordinance Chp. (

b) the expiration of 15 days after leave is granted for the issuance of the writ of garnishment before judgment, or (

c) the service, on the garnishee, of a writ of immediate or continuing garnishment based on the application. Where a writ of temporary garnishment has been served upon the garnishee, (

a) service of a writ of garnishment based 12 on the application attaches every debt attached by the writ of temporary garnish ment, except as otherwise provided in the order granting leave, and (

b) a copy of the order granting or refusing the application shall be delivered to the garnishee within seven days of the date when the order is entered. A debtor is entitled upon application to the court as provided by subsection 39(2) to recover from the creditor compensation for any direct loss or damage actually suffered by the debtor as a result of the wilful or negligent failure of the creditor to comply with paragraph (2) (b).

The term during which debts are attached by a writ of continuing garnishment may be reduced upon application made to the court by the garnishee or the debtor at any time during the term of the writ. Notwithstanding subsection 11(2), upon applica tion made to the court by the creditor at any time during the initial term during which debts are attached by a writ of continuing garnishment, the term may be extended for one additional term not exceeding one year from the date on which the application for the extension is granted.

Until a copy of an order extending the term of a writ of continuing garnishment has been - 86 -

Funds in court Funds held by sheriff Contents of writ Name of garnishee 14 (1) (2) (3)

(4) Garnishee Ordinance Chp. served on the garnishee the order does not attach any debt that becomes due from the garnishee to the debtor after the expiration of the initial term during which debts are attached by the writ.

Other Attachable Rights Where a proceeding has been commenced under which funds have been, or may be, paid into court, a writ of garnishment may be served upon the clerk of the court, and the service of the writ attaches any funds held by the court that are payable to the debtor at the tiJ1le of service. alld if the wri I is a writ of continuing or temporary garnishment, it attaches also any funds that may be held thereafter by the court and become payable to the debtor during the term of the writ.

Where a proceeding has been commenced under which funds have been, or may be, held by the sheriff, a writ of garnishment may be served on the sheriff, and the service

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1980
Type	statute
Volume / chapter	1980
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	df81fc26a907d091485cd218cd0d7a5b72bd6b9d

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