ORDINANCES OF THE YUKON TfRRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1945 GEORGE ALLEN JECKELL CONTROLLER PriIlkd aad Publulled fer tile G.vernmeat.f tile Yukoa Territory UDder Authority 0

Chapter 75 of the ColllOUdated Onti.aDe" .f J9J4 BY PIBRCY POWELL. KI"I" Print ••

ORDINANCES OF THE YUKON T[RRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1945 GEORGE ALLEN JECKELL CONTROLLER Priated aad Publi.h~d for tb~ GovcrnmlEnt oltbe Yukon Territory. Under Autho·rity 01

Chapter 75 of the Co.nsolidated Ordiaanns of 1914 BY PII!RCY POWI!LL. King'. Printer

Chap. l. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. TABLE OF CONTENTS An Drdinance to Provide for the Protection of Children An Drdlnance Respecting t1he P·rotection and Care of Archaeological Sites ....................................................... . An Drdinanc~ Respecting the Practice of D.ptometry An Drdinance Governing the Storage, Transportation and Distribution of Inflammable Petroleum 'Products in the Yukon Te~ritory ..................................................... .

An D;'dinancl' to amend "The Assessment Drdlnance" An Drdinance to amend "The Yukon Medical Ordinance" An Ordinance to amend "The Dental Ordinance" ........... . An Drdinance to amerid "The l\1>()tor Vehicle Drd'inance" An Drdinance to amend "The Assessment Drdinance" An Drdinance to amend "The Legal Profession Drdin· anc(" ..................................................................................... . An Drdinance to amend "The Yukon Game Drdinance" An Ordinance to amend "An Drdinance Respecting Benevolent and Other Societ1es" ................................... .

An DI'd1nance ·to amend "The Succession Duty Ordin- ance" ...................................................... ...... _ .......... ~ .. _ .. __ ._ .... . An Drdinance to amend "The Bills of Sale Ordinance" An Ordinance to amend "An ·Drdinance Respecting Hire Receipts and Conditiona( Sales of Good,s" ................... . An Drdinance to amend "The Adoption of ·Infants Drdinance" ........................................................................... .

An Ordinance to amend "The Wolf Bounty O~dinance An Drdinance to amend "The Woodman's Lien Ord1n­ ance," Being ·Chapter 53 of bhe Consolidated Drdin- ances of the Yukon Territory, 1914.. ........................... . An Ordinance ·to amend "The Government Liquor Ordinance" ........................................................................... . An Drdinance to amend "An Ordinance to' Regulate the Hioul's of Labor and the M·inimum Wage to be 'Pa1d in M1ining Operations" ........•..............................................

An Drdinance for the ·Incorporation of Co-operative Associations, and to Provide for Their Regulation An Ord1nance to amend "The Sidewalks Ordinance" An Drdinance to amend "The Fiorp. Prevention DI'din- ance" ..................................................................................... . An Drdinance to amend "'rhe Yukon Game Drdinance" An Ordinance for Granting to the Commissioner Certain Sums of Money to Defray the Expeo"ses of the Public Serv1ce of the Territory and -the City of oDawson ....... .

Page. 1·26 27-29 30-33 34-45 46 47-48 ·19 50-51 52 53 54-55 56 57 58 59 60 61-62 63 64 65-66 . 67-110 111 112-113 114-115 1l6-12'~

CHAPTER 1 AN ORDINANCE TO PROVIDE, FOR THE PRO­ TECTION OF CHILDREN (/Issented to April 30th, 1945.)" The Commissioner of the y'ukon Territory, by and with the advice and consent of the Council 'of the said Territory, enacts as follows: 1. This Ordinance 'may be cited as the "Protection of Children Ordinance." ' 2.

In this Ordinance, unless the context otherwise re­ quires: "Children's aid society" or "society" includes any children's aid society that has been duly incorporated before the ,enactment of this Ordinance, and also any organized society that has been approved by' the Commissioner in Council, and that has among its' ob­ jects the protection of children from cruelty, tht: safe­ guarding of the young, the amelioration,.of family con­ ditions that lead to neglect of children, or the care and control of child~en in need of protection: "Clerk of a local 'authority" when 'used in reference to any area other than a municipality, means the Deputy Commissioner; .

"Com'missioner" means the Controller of the Yukon Territory; Short t1th. Interpreta - tlon,

2 PROTECTION OF CHILDREN ORDI,NANCE "Foster home" means a private home approved by th:: Superintendent or by a children's aid society for the purpose of placement of a child therein, irrespective of whether payment is, made to the home for maintenance of the' child or not; , "Judge" includes any Judge' of the Territorial Court, any Stipendiary or Police Magistrate, allY Judge of a Juvenile Court, any two Justices of the Peace acting' together at a place where no Juvenile Court has been established or has jurisdiction, and if anyone Justice of the Peace is requested by the Commissioner to act in any specified case, shall include that Justice; "Local area" or "area" means the area comprised in any municipality and the area comprised in the un­ organized territory of the Yukon Territory; "Local authority" or "authority·' in respect of a per­ son who is a resident in a muriicipality, means the cor­ poration of that municipality; and, in respect of a per­ son who is a resident in unorganized territory, means the Crown in right of the Yukon Territory; "Municipality" includes every municipal area or cor­ poration incorporated as a city, city municipality, dis­ trict municipality, Local Administrative District, town­ ship muni"cipality; or village municipality by or under any general or special Ordinance of the COlllmissinner in Council;" "Needing protection" or "in need of protection," when used with refer,ence to children, includes every act or condition of neglect, deficiency, or delinquency within the meaning of any of the dassesor descriptions set out in

Section 7; "Officer" means any person specially appointed by any children's aid society to enforce this Ordinance; "Parent," when used in relation to a child, includes guardian; "

PROTECTION OF CHILD~EN ORDINANCE 3 "Probation Officer" means a Probation Officer for juvenile delinquents appointed under

Chapter 46 of the Statutes of Canada for the year 1929, being "The Juvenile Delinquents Act, 1929," or under any ordin­ ance of the Commissioner in Council; "Street" includes any highway or public place, whether a thoroughfare or not; "Superintendent" means the Superintendent of Child \Velfare appointed under this Ordinance_ J. It shall not be lawful for any person to retain or receive for hire or reward more than one infant, and,. in case of twins, more than two infants" under the age of one year,' for the purpose of nursing or maintaining such infants apart fr.om their parents for a longer period than twenty­ four hours, except pursuant to' the provisions of this Ordinance. 4.

(1) An officer, to be called the "Superintendent of Child Welfare," may be appointed by the Commissioner. He shall hold office during pleasure and may be paid such salary as the Commissioner decides out of any revenue for territorial purposes under the control of the Commissioner in C~uncil. Until a specific appointment is made i the Secretary of the Yukon Territory shall be the Superinten­ dent of Child \Velfare in and for the Territory.

(2) The Superintendent shall have and may exercise all the powers conferred upon a children's' aid society under this Ordinance, and he may from time to time appoint such' persons to act for him in the performance ot any of his duties under .this Ordinance as occasion may require. . . 5.

It shall be the duty of the Superihten~ent to see that the provisions of this Ordinance are carried out, and that all the returns called for by this 'Ordinance are made, and th.e Superintendent shall make a' written report thereof monthly to the Commissioner, setting forth where the order Restrlctloll" on nursing homes caring for Infant". Superlntell'l­ ent of child welfare. Powers of Superln c tendent. Duties of Superin­ tendent.

FUJ"lher rlutJ.-s of Sup!. l'el'~OnR ".uthonzed 1.0 appre­ "end .~hlhlren. Types of children who may be Pl.pprehenc1ed. 4 PROTECTION OF CHII:.DREN ORDINANCE for the committal of any child was made, when made, and giVing the na~e, date of birth, and religion of the child. 6. It shall be the duty of the Superintendent: (

a) To encourage and assist in the establishment of children's aid societies when deemed advisable; (

b) To advise such societies and instruct them as to the· manner in which their duties, are to be per­ formed; (

c) To see that a record is kept by each society of all committals to it and of all children placed by it in foster homes under this Ordinance and of such other particulars as may be deemed desirable; (

d) To direct and supervise the visiting of any place where a child is placed pursuant to the provisions of this Ordinance; (

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

f) To perform such other duties as may be pre­ scribed by any Ordinance of the Commissioner in CounciL 7. The Superintendent and every person who is author­ ized in writing by the Superintendent, every constable. or officer of the Royal Canadian Mounted Police and every Probation Officer, may apprehend, without warrant, and bring before a Judge, as needing protection, any child . apparently under the age of eighteen who is within any of the following classes or descriptions: (

a) Who is found begging in any street, house, or place of public resort, whether actually begging or under pretext of selling or offering anything for sakj (b) . Who is found sleeping at night in other than proper hotising accommodation and without pro­ per adult supervision;

(c) (d) (e) (f) (g) (h) (

i) PROTECTION OF CHILDREN ORDINANCE 5 \-Vho is found asscciating or dwelling with a thief. drunkard, or vagrant, or who, by reason of neglect or drunkenness or other vices of the parents or guardians, is suffered to grow up without salutary ·:parental control ard education, or in circwnstances exposing such child to a:'n idle or dissolute life; Who is found in any disorderly house, or in com­ pany of people reputed to be criminal, immoral or disorderly; Who is .'an orphan without adequate protection for his upbringing; \-Vho has been deserted by his parents; Who is found guilty of petty crimes; arid who IS likely to develop ·criminal tendencies if not re.­ moved from his surroundings; .

Who is found wandering about at late hours .and not having any home or settled place of abode or proper guardianship.; \-Vho is, whether residing with his parents or' not, incorrigible or who cannot be controlled ·by his parents; (

j) Whose only parent or whose pa·rents are under­ going imprisonment; (

k) Whose home by reason of neglect, ,cruelty, or depravity is an unfit place for ·the child, or who has no proper guardianship, or who has no parent 'capable and willing to exerci • .,e proper parental ro~~; . (

I) Who is subject tOo such blindness, deafness, feeble­ mindedness, or physical disability as is likely to make him a charge upon the public, or who is

[nte:'val between a-pprehenslon and examlnntlon. InvestIga­ tion. Witnesses. Notification of ""amlnation. . 6 PROTECTION OF CHILDREN ORDINANCE exposed to infection from· tuberculosis or from any venereal disease where proper precautions to prevent infection are not taken, or who is suffering from such lack of medical or surgical care as is likely to interfere with his normal development: (m) \Vho, by reason of the action of his pa rents or otherwise, is habitually truant from school and is. liable to grow up without proper educatio~; (n) \Vho is neglected so as to be in a state of habitual vagrancy or mendicancy;

(0) Who is ill-treated so as to be in peril in respect of life, health or· morality by continued personal injury, o~ by grave misconduct or habitual in­ temperance of the parents. 8.

(1) Any child apprehended under

section 7 shall, within seven days, be brought before a Judge for examina- tion. / .

(2) It shall thereupon be the duty of the Judge to investigate the facts of the case and ascertain whether the child is in need of protection, and the Judge shall have the power to compel the attendance of witnesses_

(3) It shall be the duty of the person ~ho appre­ hends the child to notify the following persons of the time and place of the examination: (

a) The parents or person having .the actual cus­ tody of the child, if known; and (

b) The Superintendent; and (

c) The Clerk of any local authority sought to be made liable for any payment under

section 32 in respect of the child.

PROTE(:TJON OF CHILDREN ORDINANCE 7 The notification shall be given at least five clear days before the time fixed for the examination.

(4) The Judge may adjourn the case from time to time at his discretion and, pending the fin~l disposition of the case, the child may, with the approval of the Judge, be either retained in the custody of the parent or guardian, or of the person who appreh~nded the child, or kept in some suitable place designated by the Judge. Any adjournment under this subsection may, notwithstanding the provisions of any other Act, be for such length of time as the Judge thinks proper . . ( 5) If the Judge finds that the child is in need of protection, he shall set out such findings in .an order in that behalf, an.d shall also include one of th~ following provi­ sionsin the order: (

a) That the case be adjourned sine die and. that the child be returned to his parent or other person having actual cust:ody at thetillle of apprehension, subject to inspection and super­ vision by a children's aid society or by the Superintendent; or (

b) That the· child be deliveL'ed -into the safe custody and control of his parents, subject to such regulations as the ci rcumstances render just; or (

c) That the child be committed to the care and custody of a children's aid society or of the Superintendent.

(6) Where the· Judg·e has ordered that a child be returned to his parents, or other person having the actual custody of the child "t the time qf apprehension, under clause (

a) of subsection (5), the child shall be under the inspection and supervision of· the children's aid society named by the Judge in his order or of the Superintendent, Custod~' of child during adjourn­ ment. 'Power of J"flge to make ordel'!<. Right of society to supervise and to return ca~(~ to Court fo,' further rIl,,· position,

Authoritv to Tecel\'C . child. Fact" to h'" ... lated in order oC .Judge. Frovlslon oC copie" of' order to society or Supcrin­ tendent. Limits of society's jurisdiction. 'i'rftnsf€'r of child from Superin­ tendent to "oclety. 8 PROTECTION OF CHILDREN ORDINANCE as the Judge may direct; and the society or the Superinten­ dent, as the case may be, may at any time on giving the like notification as is prescribed by subsection (3) bring the case again before the Judge for further consideration under this section, and the. Judge may make any order that is author­ ized by this Ordinance.

(7) Upon commitment of the child to a children's aid society or to the Superintendent pursuant to this secr'ion, the society or the Superintendent is authorized to take the child into custody for placement pursuant to the provisions of this Ordinance. ,

(8) In any order made pursuant to subsection (5) the Judge shall set out, in addition to' his findings, a state­ ment of the facts, so far as ascertained, as to the date of birth of the child, its name, nationality, and religion, the place of abode and cccupation of the parents or either of them, or whether either of them is dead or has abandoned the child, and in the case of the examination of two or more children of the same family at the same time, orily one order need be made.

(9) The Judge shall deliver to the Superintendent a certified copy of the order made in each case, and if the Judge in his order has' committed the child to a children's aid society, or has returned the child to his parent under the supervision of a children's. aid society, the Superinten­ dent shall also cause to be delivered a certIfied wpy of the order made in that case to the children's aid society.

(10) The Judge 'shall not commit a child to a children's aid society unless the child was apprehended within the boundaries of the area in which the society has jurisdiction.

(11) If the Judge commit~ a child to the Superin­ tendent pursuant to the provisions of this section, the Super­ intenderit shall receive the child into his custody and shall thereupon be the lega] guardian of the child, and he shall

PROTECTION 'OF CHILDREN ORDINANCE 9 retain the guardianship unless and until he delivers the child to a children's aid society. The Superintendent shall mak~ arrangements as soon as may be for the placement of the child in a fo~ter home, or such other place as will best meet the needs of the child.

But the Superintendent may at any time, with the consent of the children's aid society, deliver the child to the society to be dealt with in like manner as if delivered to the society under tl~e order of a Juage pursuant to the provisions of this section, and the' Superintendent shall in such case deliver to the society a certified copy of the order of the Judge endorsed with a memorandum signed by the Superintenden.t, setting out the delivery of the child to the soci"ety pursuant to this section.

(12) If the Judge commits a child to a children's aid soci'ety pursuant to the provisions of this section, the society shall receive the child into its custody and shaH make arrangements as soon as may be for the placement of the child in a foster home.

The society may at any time, with the consent of the Superintendent, deliyer the child to the Superintendent to be dealt with in iike manner a-s if qelivered to the Superintendent under the order of a Judge pursuant to the provisicns of this section; and the society shall in such case deliver to the Superintendent a memoran­ dum, signed by any authorized officer of the society, setting out the delivery of the child·to the Superintendent pursuant to this section. .'

(13) No .child shall be maintained by a society elsewhere than in a foster home for a period exceeding six months, except with the written consent of the Superinten­ dent, who may at any time withdraw his consent; but if the Superintendent withholds his consent or withdraws his Con­ sent the society' may appeal to the Commissioner and the Superintendent shall comply with the directions of the Commissioner. 9. ( 1 ) Any person may file with the Superintendent a petition showing that there is at any place within the Yukon Territory a child apparently under the age of eigh- '1'ra n"fer of' child fro:n society to '~tI"prln­ lendent.

Limlt~ on In"titlltlon:11 CH r .. of chlldr"n_, Petition fur apprehen- 101011 of child.

Dut)' of SUlJerln­ lendent on flllng a petitIon, . Power's :lnd duties of society as gua.rdian of c:hild, MOllthl~­ reports by !=;ociet,.". .1 0 PROTECTION Of CHILDREN ORDINANCE teen years in need of protection, and praying that the child be apprehendep iirld brought before a Judge to be dealt with as provided in this Ordinance. The petition shall con­ tain a statement of facts showing the child to be in need of protection within the meaning of this Ordinance, together with a statement of the names and place of abode, if known to the petitioner, of the parents, guardian, or custodian of the child, and the petition shall be verified by a statutory declaration. '

(2) Upon the filing of the petitIOn the Superin­ tendent shall cause' proper inquiries to .. be made and shall otherwise proceed in all respects in like lIIan'ner as provided , in sections 7, and S; and the provisions of these sections ~.hall be applicable mutatis mutandis . 10

(1) The society to the care of which any child is committed under the provisions of this Ordinance shalt be the legal guardian of the child until it is relieved of that guardianship by order of the Judge or by the fact that the child has reached the age of ,twenty-one or, if a female, is married; and it shall be the duty df the society to use 'a special diligence in providing suitable foster homes for such children as are committed to its care, and the society is hereby authorized to place such children in foster homes on a written agreement, during minority, or for any less period in the discretion of the society.

Notwithstanding the provisions of any such contract the society shall have the right to withdraw the child from any person having the custody of the child if, in the opinion of the society placing out the child, the welfare of the child requires it:

(2) Every society to the CaF.e of which any child is committed under the provisjons of this, Ordinance shall each month ,send a report to the Superintendent, setting out: (a')' , The fulL na'me, date of' birth, nationality, and religion' of each child so committed during the period' coveredby.the report; ,

PROj'ECTlON OF CHILDREN ORDINANCE 11 (

b) The piace where each order of comlllittal was, made and the date when it was made; (

c) If possible, the names and place of abode of the parents of each child referred to in the rep.ort; (

d) The dispositio~ made by the society of every child during the period covered by the report, whether byway of adoption, placing in a foster home, or otherwise, and stating in each case the name, place of abode, occ'upation and religion of the parents by adoption or foster parents of every child so disposed of. . . 11. (1) \Vhere a child' has be~n committed to, a chiIdren's aid society or to the· Superintendent, and the society, or the Superintendent is satisfied that it would be for the benefit of the child that the order of committal should be rescinded·, or that the child should be 'permitted to return either temporarily or permanently to its pan:;nts., an application may be made to a Judgefor the 'order of committal to be rescinded or for the child to be returned to its pa-rents; and the Judge, if satisfied that it would be for the benefit of the child, may rescind the order .of com­ mittal or may, without rescinding the order of committal, grant permission for the child to be' either temporarIly or permanently returned to its parents under the supervIsion of the society or the Superintendent.

(2) A Judge, if satisfied on complaint made by a parent of'the child that it is for the benefit of the chiLd that ,it should be either permanently or temporarily under the control of such pa'rent, or that the gU~'rdianship 'of the Superintendent or of the society should be terminated, may make an order accordingly, and' any such order shall be complied with by the S~perintendent or by the society; and if the order terminates the guardianship, the guardianship shall be thereby terminated as from the date of the order; and the Supe6ntendent or the society sh'alL cease to have Return 'of . child on a.ppllcatlon of Society a" Superin­ tendent. Return of child on application of parent.

DetLllUOIl of naintenallCO by, society, He8pOllsl­ bllll y of child anil nth€r per- 80n1< for maintenance "~iocl't 0f Court to refuse writ for proihctlon of child, 12 PROTECTION OF CHILDREN ORDINANCE the rights and powers of the parent as respects the child. Five clear days' notice of a complaint .und'er this subsection shall be given to the Superintendent. 12.

(1) For the purposes of this Ordinance, a child shall be deemed to be lIIaintained by a society if it is wholly or partly maintained by it" either in any shelter or tem­ porary home, or other institution conducted, selected, or approved by the society, or is boarded out u~der' the pro­ 'visions of this Ordinance or any other Ordinance in that behalf.

(2) Nothing in this Ordinanceshall relieve a child itself or any other person from any liability to contribute to the maintenance of the child, and the fact of such contri­ bution being made shall not d,eprive any society of any of the powers and rights conferred on it by this Ordinance. 13. (1)' '\There the parent or guardian' of a child applies to any Court having jurisdiction in that behalf for a writ or order for the production of the child, and the Court finds that the parent or guardian has ~ . (

a) Abandoned or deserted the child.;_or. (

b) Allowed the ch ild to be brough t up by another person at another person's expense, or by any children's aid society or other public or private institution, for such time and under such cir­ cumstances as to satisfy the Court that the parent or guardia'n was unmindful of his duties; or (

c) Has surrendered, by instrument in writing, the custody of the child to another person, or to a children's aid society or other public or pri­ vate institution; or (

d) Otherwise so conducted himself that the Court should refuse to enforce his right to the cus­ tody of the child,

PRO. ECTION OF Cr-iILDREN ORDINANCE 13 t:_e Court may, in its di~creti~.n, decline to issue the writ, or make the order, unless satisfied. that it would tend to the advantage ·and benefit ?f the ch i I,d ,t? do so. -.1. . ( 2) If at the 'time of the 'applitation for a writ or .

Liability of parent on order for the production of the child the child is being ~~\;~n of brought up by another person, or is boarded out by a society duly authorized in that behalf, the Court may, in its discre- tion, if it orders the c.lild to be given up ~o the parent or guardian, further order that the parent or guardian shall pay to such person or such society the whole of the costs properly incurred in bringing up the child, or such portion thereof as may seem to the Court to be just and reasonable, having regard to all the circumstances of the cas·e. 14.

Every society to whose care any Child is committed under the provisions of this Ordinance, and every person entrusted with the care of the child by any such society, shall from time to time' permit the child to be visited, and any place where the child may be, or reside, to be inspected by tile Superintendent or by any person authorized by the Superintendent for the purpose. Right of" Superin­ tendent and others to vi"lt child. Rght of SupeI1n­ tendent or other per­ "ons to demand Information '15.

(1) Every organization that deals with or cares for children, that is to say, every children's aid society.,. charitable society,' orphanage, children's or infants' home, or other home or institution to the care or custody of which children are iri any manner committed or entrusted, or that undertakes or assumes in any'manner the care or custody of children, shall, in addition to all other requirements of this Ordinance, upon request of the S~perintendent or of any person authorized by the Commissioner: . and to vl"'t preml"es of society. (

a) Furnish to' the Superintend,ent. or person so authorized full information and particulars concerning every child with whom the organi- . 'zation has dealt, or to whom the organization has given care, or of whom the org'anizatiEln has had the custody; and

P~naltles for non­ compliance. Publlc Investl­ I\atlon. Right of ministers ot' rellg-lon to visit children In homeR and "hp.lters. 14 PROTECT/O"" OF CHI LPREN ORDINANCE (

b) Permit the Superintendent or person so authorized to have access to all parts of the premise.s and .buildings of the organization (except any parts thereof used exclusively for religious or residential purposes by any mem­ ber of a religious order therein), and to alt children therein, and to all books and records. of the organization',

(2) Every proprietor, manager, or person III charge of any such organization who in violation of sub­ section (1) neglects or refuses to comply with any request of the Superintendent or of any person so a~thorized br the Commissioner shall be liable, on

summary conviction .. to a fine not exceeding one hundred dollars.

(3) If it appears to the Superintendent that the: management of any organization referred to in subsection. ( 1) is not such as to be in the best interests of the children in its care or custody, or that the organization, on grounds of the public interest, should be made the subject of public investigation, the Superintendent shall -report the circum­ stances to the Commissioner and the Comlllissioner ·may ,appoint a person or persons'to inquire into and report upon the management and conduct of the organization, including the methods followed by it in receiving and placing child­ ren, and may direct the lines or methods to be followed in the inquiry and the extent thereof; and the provisions of sections 2and 3 of the Ordinance respecting Inquiries con­ cerning Public Matters shall apply, mutatis mutandis, to the person or persons so appoi nted .. 16.

Subject to such rules as ~ay b~ made by the Com­ missioner in Council, all ministers of religion, or any p~rson being duly authorized by the recognized head of any religi­ ous d'enomination, shall have admission to every temporary home or shelter, and access to such 9f the children pla!ced or detained therein as belong to their respective denomina-

PROTECTION OF CHILDREN ORDINANCE· 15 tions, and lIIay give instruction to them in their reSlpective religi~nson t!le days and at the times allotted by such regulations for the religious education of such children of their respective denominations. . . 1-7. Every Judge, Justice of the Peace and every mem­ berof.the Parliament of Canada or of the Yukon Council shall beentitled to visit and inspect every home, other than a foster home, and every school or shelter provided or used for children in need of protection, and shall at all times be admitted thereto for that purpose. 18.

The Commissioner may at any time discharge a child from the cust~c!y of the Superintencicnt er of any s:ciety to which it is committed under this Ordinance, either absolutely or on such condition as may be approved of but before discharging any child the Commissioner shall pro­ cure a report in relation to the child from the Superinten­ dent and abo from any children's aid society to which the child may have been committed. 19.

The Commissioner may from time to time make, alter, or revoke rules to be observed by every society and by the person in charge of every temporary home and shelter operating under the provisions of this Ordinance. Provided that such rules shall have effect only until the next suc· ceedingsession of the Council of the Yukon Territory, at which· time-they shall be submitted to such Council and if approved shall· continue In effect, and if disapproved shall be rescinded. ·20.

The Judge shall exclude from the room or ·place where any examination, prosecuti9n, or proceeding: arising under the provisions of this Ord,inance is being held all per­ sons other than the ccunsel, 'solicitor, and witnesses in the case, officers of the law or of any children's·aid society, the Superintendent or his representatives, and the immediate freinds or relatives of the child or parent concerning whom the examination, prosecution, or proceeding is being held. The Judge shall also exclude the child itself, except for the night of other persons to ,·islt. Dif\char~ of children b~· the Commls­ "loner.

Power to make I'ules to be obsen·ed hy a socIety. Private ex­ " mlnR-tlon.

Ailpllcatlon for Incor­ poration, BoundarIes' flf ~ocl('t~·, E\'ldence with a flpllcatlon, Exemption to societies already In exl«tence, 16 PROTECTION OF CHILDREN ORDINANCE periods when it is necessary for the child to be present 10 , order to be identified or in order to give evidenc~. . 21.

(1) Any ten· er more persons, British subjects, and over the age of twenty-one years, and residents within the area in w>ich it is preposed that the society sha~l have jurisdicticn, who desire to associate themselves together for the purpose of protecting children from cruelty, ameliorat­ ing family cenditions that lead to neglect of children, and caring for and protecting children in need .of protection, may make an application to the Commissioner in Council in the form in the

Schedule for incorporation under the pro­ visions of this Ordinance.

(2) The bounearies of the area in which tl:e so­ ciety proposes to operate shall be defined in the application, and if the application is granted the jurisdiction of th~ society shall be limited to the area so defined. 22. The signatures of the applicants to the application, and the f~cts stated in,tl:e application, shall be verified by statutory declaraticn, to the satisfaction of the Com­ miSSIoner. 23.

Upon the Commissioner in Council giving his ap­ proval of such application the persons who have signed the application, and such others as may afterwards become members of the society, shall be a body politic and corpor- ate by the name 'of ":Che Children's Aid Society of " It shal,l have all the powers conferred by law and by the provisions of this Ordinance upon a society, and may, in addition, take and hold by gift, purchase, grant, devise', or bequest any property, real or personal, and may dispose of the same at pleasure, for the purposes of the society. 24.

EverY'society'in existence at the commencement of this Ordinance shall be governed by the provisions of this Ordinance j and shall within such time as may be deter­ mined by the Commissioner, submit to the Commissioner, a statement defining the boundaries of the area in which it

· PRO·~ECTION OF CHILDREN ORDINANCE 17 desires to exercise jurisdiction; and unless the area is changed pursuant to

section 25 the society shall not have jurisdiction except within the area defined in the statement. 25. A society may at any time, subject to the written consent of the Commissioner, change the boundaries of the area in which it proposes to operate·,w;thout affecting ad­ versely thereby its articles of incorporation. 26.

(1) The affairs of a society shall be managed by a board of not less than teri· nor more than twenty-five d i recto rs.'

(2) The directors of a society shall be elected by the members in a ge'neral meeting of the society assembled at such place within the Territory a~d at such times as the application or the by-laws of ·the directors prescribe. 27.

The directors of a society shall have full power in all things to administer the affairs of the society. and may make, or cause to be made, for the society any description of contra::t that the society may by law enter into, and may horn time to time make by-laws not contrary to this Ordin.­ ance for regulating the number of directors of the society, their term of ·service, the appoin·tment, functions, duties, ?nd removal of all agents, officers, and servants of the so­ ciety, the security to be given by them to the society, their remuneration, the time at which and place where the annual meetings of the society shall be held, th,e calling of meet­ ings, regular and special, of the board of directors of the society, the quorum, the procedure in all things· at suCh meetings, the qualifications and terms of admission of mem­ bers, and the conduct in all other particulars of . the affairs of the society; and may from time to time repeal, amend, or re-enact the same; but every such by-law, and' every re-· peal, amendment or re-enactment thereof,unless in the mean­ time confirmed at a general meeting of the society called for that purpose, shall have force only until the next annual meeting of the society, unless confirmed at such annual meet­ ing; and no by-law, ·and no repeal, ame'ndment, or re-en act- Power of society to change oOllndnrle".

Board. of Dlrectorl'. Election of directors, Powers of <lh'cctol'l' ..

Right of Superin­ tendent to attend meetings. I-'"wer. to enter /)ulldlngs. Penalty for Interfering with care of children. 18 PROTECTION OF CHILDREN ORDINANCE ment of any hy-Iaw, shall have any force or effect until it is approved by th(! Commissioner. 28. A society shall mail to the Superintendent a copy of every notice for the calling of any annual meeting or special meeting of the scciety or for any meeting of the board of directors; and further, the Superinte~dent shall have the right to attend at and take

part in the proceedings of any of the meetings aforesaid, but shall not have any right of voting thereat. 29. \\There there is reason to believe that any child is in need of protection, within the meaning of

section 7, in any house or building, or that any child who is an abscond­ ing ward of the Superintendent or of any society is being harboured in any house or building, then, upon any com­ plaint thereof being made upon oath by the Superintendent ur by any officer of the society, or by any constable or police officer, or by any Probation Officer, to any Judge, the Judge may issue a warrant to enter by. day or night the house or building, and if necessary to use force for the purpose of . effecting such entry, and to search for the child, and to bring the child before the Judge to be dealt with in the manne.r provided by

section 8: Provided that if the ~hild is an absconding ward of the. society or the Superintendent, it shall be sufficient for the Judge, instead of dealing with the case in the manner provided by

section 8, to order delivery of the child into the safe custody of the society to which the child was previously committed. 30. Any person who: (

a) Induces or attempts to induce any child under twen·ty-one years of age to leave a foster home. shelter, or temporary home. in which he was placed by a ·children's aid society or by the Superintendent; or (

b) Detains or knowingly harbours an absconding ward of any children's aid society or of the Superintendent-

PROTECTION OF CHILDREN ORDINANCE 19 sbll be guilty of an offence under this Ordinance and shall be liable, on

summary conviction, to. a. fine not ex£eeding one hundred dollars, or- to i IIIprisonment for a period not exceeding one year', or to both fine and imprisonment. 31.

Any person who, having the care, custody, control, or charge of a child under the age of twenty-one years, ill­ treats, neglects, deserts, or abandons or expos.es such child, qr causes or procures such child to be ill-treated, neglected,· deserted, abandoned, or exposed, shall be liable, on sum­ mary conviction, to a fine not exceeding one hundred doi­ lars, o.r to imprisonment for a period not exceeding one year, or to both fine and imprisonment. . 32. (1) ~Vh,en"a Judge commits any child to the cus~ tody or control of any children's aid society, he shall at the same time, or subsequently, upon application of the society, make an order for. the payment by the local authority of the area to which the "child belongs of a reasonable sum, not being less than four dollars per week, to cover the costs incurred by the society in maintaining .and supervising the child· in any temporary home or shelter or in any foster home where children are not cared for without compensa­ tion, in which the child may be placed by the society.· The practice of the placing of children with the lowest bidder is prohibited.

(2) Before any order for payment is made pur­ suant to subsection (1), the society shall furnish the Judge with a statement showing the average per diem cost of maintaining and supervising the children who were in its care for the immediately pr~ceding fiscal year of the society, as confirmed· by the society's auditors and the Superinten­ dent, ·and it shall be presumed in the absence of evidence to the contrary that· such average cost represents the reason­ able cost of maintaining and supervising a child in the socie­ ty's care, and the Judge shall make his order accordingly.

Penalty for ill-treating children_ Maintenance expenses of children committed to a society. . " ,. Basis for determining reasonable cost.

Basis for determining where child helongR. 20 PROTECTION ·OF CHILDREN ORDINANCE (3) . For the purposes of this Ordinance, any child shall be deemed to belong to the local area in which the child has last established residence but in the absence of evidence to the contrary,. residence in. the local area in which the child was taken into custody shall be presumed. I~~~~t of

(4) A local authority having made any payment '~~~~~~~ty to under this

section for the maintenance and supervision of a ;~t~n~~~theJ' ,child in respect of wholll some other local authority is liable ~oi~~orlty. . to make such payment shall be entitled to recover -the Right of local authority to recover expenses trom parents of child. Inclusion of lIlalntenance order and '.,-er-rldlng order against parent In comlDI ttal order. Subsequent application tor variation "r order. Enforcing order. amount so paid from the other local authority.

(5) Every local authority incurring expenditure. hereunder may recover ti~e amount of the expenditure fr:::m. the parents cf the chi:d in respect of whom the ~penditurc. is made. (

G) T e crder cf committal of any child under this Ordinance in addition to directing payment. by the locaL authority to whch tl~e child belcng5, to any society to whose custcdy 0:· c:::n~rol the child is cCIT}mitted, of a reasona'b1e sum, as defined in subsections (1) and (2), to cover the cost of maintaining and supervising the child, may also direct payment to the local area, by the parent or guardian of the child, of any amount not more than the am.ount so directed to be paid by the local authority.

(7) At ·any time after an order for payment is made under subsection (1), the local authority or the child­ ren's aid society may apply to the Judge for such variation of the order already made as the circumstances justify;. arid any parent or guardian may also make application to the Judge in like manner for an order varying the amount pay­ able by him under any order or revoking the order, or vary­ ing or suspending in whole or in part the operation of the . 'iame so far as it applies to the parent guardian.

(8) Any order made under this

section may be enforted in the same manner as an order by a Judge of the Territorial Court cir a Stipendiary Magistrate. .

Pi'OrECTION OF CHILDREN ORDINANCE 21 ,

(9) Where an 'order is made under this

section fo~ any payment for the lIIaintenance ,and supervi~ion of a child, the period fer which the payment shall be made shall com­ mence at the time the child was apprehended, irrespective of the date of the order of commtital of the child or the date of the erder for the payment, and shall continue so long as the child remains in the care of the society and an expense to the society up to but not beyond the day when the child reaches the age of eightee'n years: Provided that t::e society may, on giving ten clear days' notice to the local authority re~ponsible for payment of maintenanc~ under the order, apply to the Judge for an order extending the period of paYJilent beyend that time, and ,if the Judge finds that there are circumstances justifying the extension of the period for which p<cyment is to be made, the Judge shall lIlake an order accordingly.

(10) Notwithstanding any of the prOVISIOns of this Ordinance, where an order has been made for the pay­ ment of maintenance by a municipality under subsection (1) or' under

section 40, if in any year during which mainten­ ,ance is payable the estimated revenue: of the :municipality from assessed taxes on land and improvements is less than seven thousand five hundred dollars the municipality shall' be relieved from payment of the maintenance for that year; and the maintenance for that year shall be payable out of any revenue for territorial purposes under the control of th'e Commissioner in Council but for all other years the maintenance' shall be payabie as directed by the order. 33.

Where the 'legal residence of the child is found by the Judge, or, in, the case of appeal, by the Court to which appeal is taken, to be area that is not a lIlunicipality, the sum provided in the order shall be payable out of any reve'nue for territorial purposes under the control of, the Commissioner in Council towards maintaining and super­ vising the child, the sum' to be payable from the time the child was apprehended, irrespective of the date of the order of committal; but ,no payment shall be made under this

section if the society is not conducted in accordance with the provisions of this Ordinance. Time of commence­ ment and duration of paym'ents,

~1ailltenan('e expenses of chlld"en committed I,.. Supt. Payments for children committed to Supt. Fa.ymerits fC)(· children I ,';:LlH;(erred by society 10 Supt. 22 PROTECTION OF CHILDREN ORDINANCE 34.

(1) In the case of a child committed to the care of the Superintendent instead of to a children's. aid society by the order of :l Judge, the provisions of

section 32, mutatis mutandis, shall apply, but instead of furnishing the Judge with a statement showing the average per diem cost of maintaining and supervising the children who were in the Superintendent's care for the immediately preceding fiscal year, the Superintendent shall furnish the Judge with ':1 statement shcwing' t!le average per dielll cost for· each children's aid society, if any, operating in the Yukon Terri­ tory, as confirmed by the society's auditors in each case but if no society is operating in the Territory then the statement shall show the average per diem cost of maintaining and supervising the children who were in the Superintendent's care for the immediately preceding fiscal year, and the Judge in making the order for payment by a municipality to the Superintendent shall direct payment of an amount not less than the lowest and not greater than the highest average per diem cost of any such society.

(2) In the case of a child committed to the care of the Superintendent by the order of a Judge, the Superin­ tendent may pay a reasonable sum for the maintenance and supervision of the child to any person to whom the Superin­ tendent has entrusted the care of the child, or to any society to which the Superintendent has delivered the child and by which the child is maintained. Where the Superintendent . entrusts the.care of the child to a children·saidsociety undel­ this subsection cir under the provisiol1s of subsection (11) of

section 8, the reasonable cost shall be deemed to be the average per diem cost of maintaining and s~'pervising the children who were in the society's care for the immediately preceding fiscal year of the society. All moneys expended by the Superintendent under this subsection shall be paid 'out of any revenue for territorial purposes under the con­ trol of the Commissioner in Council. (3) 'Vhere any' society delivers a child, who has been committed to its care, to the Superintendent, pur~uant to the provisions of subsection 12 of

section 8, and where

PROTECTION OF CHILDREN ORDINANCE 23 any order has been made under subsection (1) of

section 32 directing r::,"ymcnt by a municipality to the society in respect of such child, the society shall, as from the date of the delivery of the child to the Superintendent, turn over to the S~perintendent all sums received from the munici­ pality by the society under the order for payment, and shall continue to do so as long as the ch ild remains in the care 0 f the Superintenden~. 35.

No child apparently under the age of eig:;teen year!; who is held or brought bef~He a Judge for enquiry under any of the provisions of this Part, shall be placed, allowed to remain, or confined with any adult prisoner in any lockup or police cell used for.ordinary criminals or persons charged with crime, nor, save. as hereinafter mentioned, shall any enquiry respecting such child be made or his case disposed of in any Police Court room ordinarily used as such. 36.

It shall be the duty of local or te'rritorial authori­ ties, as the case may be, to make provi~ion for the separate custody.and detention of such children before enquiry re­ specting their case is maQe; whether by arrangement with some person or society who may be willing to undertake the responsibility of such temporary custody or detention on such terms as may be agreed upon, or by providing suitable premises entirely distinct and separated from the ordinary. lockups or police cells; and it shall be. the duty of the Judge to make enquiry respecting all such children and dispose of thei r cases where practicable, in premises other than 'the ordinary Police Court premises, or, where this i's not prac­ ticable, in the private office of.the Judge, if he has. one, or in some other room in·the municipal or territorial buildings, or 'if this is not practicable, then in the ordinary Police.

Court room, but only in such last-mentioned case when an interval of.two hours has elapsed after the other trials or examinations for the day have been disposed of. 37.

(1) Where in any proceeding against any person for an offence under this Ordinance the child in respect 'of whom the offence is charged to have been committed, or any Cuslocl)' of chlldt'en' pen:ilng trial. Duty of local authorltlLs and of Judge as to place of detention nnd trial. Evidence of children.

'·'tlITObol'a­ tlon: I-'resumption Of age, I'ro\'I"lon of COpy of order for .... ~., i·n ter.ancc to local Authority responsible, Appeal against order fOl' maintenalH!fI 24 PROTECTION OF CHILDREN ORDINANCE other child of tender years who is tendered as a witness, does not, in the opinion of the Judge, understand the nature of an oath, the evidence of su::h child may _ be received, though not given upon oath, if in the opinion of the Judge such child is possessed of ~ufficient intelligence to justify the recEpticn of the evidence and understands the duty of speaking the truth, - (2) j'..J 0 person shall be liable to be c(;mvicted of an offence unless the testimony admitted by virtue of this

section and given on behalf of the prosecution is corrobor­ ated by some other material evidence implicating the ac­ cused. 38. \~7here a person is charged\vith an offence under this Ordinance in respect of. a ch,ild who -is alleged to be under any specified age, and the child appears to the Judge to be under that age, the child shall, for the purposes of this Ordinance, be deemed to be under that age unless the contrary is proved. - 39.

Upon an order being made by a Judge directing payment by any lccal authority to the Superintendent or to a children's aid society of the cost of maintaining and super- ,vising a child committed to the care of the Superintendent or _of the society, a copy of ,the order upon which the child has been committed shall be forwarded by r,egiste:-ed letter by the clerk of the Court to the clerk of the local authority chargeable under the order with the mainte,nance of the child. - , 40. ( I) \Vhen any order has been made under sub­ 'section (I) 0 f

section 32 or under subsection (1) of

section 34 by any Judge, the person who made the _ilpp,lication, or any local authority made liable for payment or maintenanc~ by the order, may appeal from the order in the manner and within the times prescribed by the Yukon Act for the appeal of convictions; and the Court to which such appeal is taken shall thereupon affirm or reverse such order or make such other order as to the Court seems proper. ' 'Vhere any

PROTECTIOi'i' OF CHILDREN ORDINANCE 25 Judge refuses to make an order under subsection (1) of

section 32 or under subsection (1) of

section 34, the person who made the application shall have a similar right of appeal. (2) vVhenever, on such appeal, the Court reverses such an order for payment, it shall, at the same time, make a further order di recting payment by the local area that is properly responsible under subsections (1) and (3) of

section 32 for the paYlllent of maintenance referred to in the order appealed; but no such further order shall be made without first giving.ten days' notice to every 10ca'I authority that may be affected by such further order. 41.

Notwithstanding anything in this Ordinance con­ tained, the Judge, in determining the person or society to whom the child is to be committed, shall endeavour t,o a~certain the religicus,persllasion to which the child belongs, and shall, if possible, select a person or society of the same religious persuasion, and such religious persuasion shall be specified in the order; and in any case where the child has been placed pursuant to such order with a person or society not of the same religious persuasion as that 'to which the child :belongs, the Judge shall, on the application of any person in that behalf, and on its appearing that a fit person or society of the same religious persuasion as the child is' willing to undertake the charge, make an order to secure his being placed with sucli person or ~ociety. 42.

Nothing in this Ordinance contained shall be con­ strued to take away or a,fiect the right of any parent, teacher, or other person having the lawful control or charge of a child to administer punishment to such child as' if thi:; Ordinance had not been passed. . Furtlwr order on appeal. If IJoHsiblt', Judge to commIt C'h!lrt to cllRtod~' of person or 'lOclet~· of religioll!' persua~Jnn ot child, RIght to InflIct punIshment not affpct?'·.

26 PROTECTION OF CHILDREN ORDINANCE

SCHEDULE "PROTECTION OF CHILDREN ORDINANCF," We; the undersigned, all being of the full age of twenty­ one years, and being British subjects, and residents within the area specified in

article 3 hereof, in the Yukon Terri­ tory, do hereby make application for incorporation, as 'The Children's Aid Society of " under the provisions of the "Protection of Children Ordinance" .aridhereby adopt the following articles 0"£ incorporation:·' 1. The Society shall be known as "The Children's Aid Society pf " 2. The business and objects of the Society shidl be the protection of children from cruelty, the amelioration of family conditions that lead to neglect of children, the care and protection of children in need of protection, and the enforcement, by all lawful means, of the laws relating thereto. ' 3.

The jurisdiction of the Society shall. be limited to the area enclosed by the following territorial boundaries. (Space for these boundaries to be set forth in detail). 4. Th~ number of directors of the Society shall be 5. The names, addresses, and occupations of the first directors of the Society who shall hold office until the first annual meeting of the Society are: 6. The annual meetings of the Society shall be held at . on the day of in each year, un·til changed by by-law of the Society ..

In witness whereof we have hereunto severally sub- scribed our names this day of in the year one thousand nine hundred and In the presence of ( .... --.-----------.... ---.------------;---...... ------ _____ ... ____ .: ... _________________ . ___ .. ( ::.::::~ ::::::: :::: :::::::::::::::::::::::: ::: ::: :::::

THE ARCHAEOLOGICAL SITES ORDINANCE 27

CHAPTER 2 AN ORDINANCE RESPECTING THE PROTEC- TION AND CARE OF ARCHAEOLOGICAL SITES. (Assented {o,Aprii 30th, 1945.) The Commissioner of the Yukon Territory, by and with the ~dvice and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be: 6ted as "'The ArchreologicaI Sites Ordinance." 2. In this Ordinance unless the context otherwise re­ qUires: (a) "Controller" shall mean. the Controller of the. Yukon Territory.'" ' (b) "Territory" shall mean the Yukon Territory. 3. ''The Eskimo Ruins Ordinance," being

Chapter 7 of'-the Ord.i.nances of the Yukon Territory, 1935, is hereby repealed. . 4. No archreological sites in the Te'rritory shall be excavated or investigated nor shall any objects of achreolo­ gical or. ethnological importance or interest be exported or taken from the Territory. save by permission o.f the Con­ troller and in accordance with this Ordinance or regulations Permrt required. made thereunder. " . 5. Permits for the examination and excavation ·of archreological sites and the collection or archreological and ethnological specimens may be granted hy the Controller to such persons as the Controller may consid.er desirable.

, 28 TlIE ARCHAEOLOGICAL SITES ORDINANCE Two-year perio<l. I~xtenslon. Confiscation' of specimens 6. Applications fer permits shall be submitted to th.: Controller on forms provided by him. 7. Application for permits may be referred for recom­ mendation to the Director of the National Museum of Canada at the discretion of the Controller. 8. A copy of each p.ermit gra_nted shall be transmitted to the Director of the National Museum of Canada and to the Commissioner of the Royal Canadian Mounted Police. 9. Permits are terminable at' the discretiol} of the Controller. 10.

Perlllits shall be shown on demand to persons authorized t!lereto by the Controller. 11. No permit shall be granted for more than two consecutive years, provided that ·if satisfactory evidence is submitted to show that the work has been diligently prose­ . cuted, an extension of time may be granted for such a period as the Controller may consider necessary. Applications for extension of time shall be submitted in the same manner as those for original permits. 12. No permit shall be granted for an a'rea larger than can be fully and systematically investigated within the tilll~ specified in the permit. 13.

Failure to begin work within six months from the . granting of a p.ermit, or to prosecute such work diligently, shall render the permit null and void. 14. Any archll!ological or ethnological specimen taken by any person not i.n possession of a permit or contrary to this Ordinance the regulations made thereunder or to the terms of his permit, may be seized by any person authorized thereto by the Controller, and be disposed of as the Con­ troller may think fit ..

THE ARCI-L.<\EOLOGICAL SITES ORDINANCE 29 15 " No permit for the removal of any structure which may be permanently preserved ill situ as an object of scien­ tific <?r historic interest shall be granted. J 6. All such excavated areas shall, as far as possible, be restored to their normal condition. 17.

At the close of each season's field work every holder of a permit shall furnish a report in duplicate to the Controller on the work performed, with' full details of any stratification or other chronological evidence encountered, a descriptive catalogue of thespecirnens collected, and copies of all photographs taken in connection with the work, with explanatory notes. . 18·.

All archceo!ogical specimens collected by the holder of a permit shall be submitted to the Controller for exam­ ination by the arch:cological officers of the Dominion Gov­ ernment. \Vhatever specimens are required to complete the collections of the National Museum of Canada shall b~come the property of that institution ; the remaind'er shall be returned to the holder of the permit. on condition that he undertakes to deposit them permanently in some public in­ stitution where they will be available for study.

If the holder of the permit, however, requests permission to retain the entire collection for a reasonable period in order to facil­ itate its description in a scientific report, the Controller is empowered to grant his request. 19. The Controller may from time to time make such rules and regulations, not inconsistent with the provisions of this Ordinance for the carryin'g out of the true intent and meaning thereof as are found necessary or deemed expedient' by him. . . 20.

Any person who violates any of the provisions of this Ordinance or of any regulation made -thereunder, shall be guilty of an offence and shall be liable on

summary con­ viction to a fine not exceeding one 'thousand dollars :and in default of payment to imprisonment not exceeding six. months, or to both fine and imprisonment. Report required. Specimens to- be . submitted to ControHer. Controller may make regulations. Penalty,

SI"lI't TItle. In terpreta­ tlnn. \Vhat con­ stitutes optometry. 30 THE OPTOMETRY ORDINANCE

CHAPTER 3 AN ORDINANCE RESPECTING THE PRACTICE OF OPTOMETRY. (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice . and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be cited as "The Optometry OrdiJ;lance." 2. In this Ordinance unless the context otherwise re­ qUires: . (a) "Controller" means the· Controller of. the. Yukon Territory. (b) "!erritory" means the Yukon Territory. 3. Anyone, or any combination of the following· p-rac .. tices constitutes the practice of Optome.try: (

a) The investigation of the' functions of the human eye hy means of test lenses, test cards, trial frames and/or other instruments or de· vices designed for the purpose of such inves­ tigation. (

b) The prescription or adaptation of lenses" prisms or ocular exercises, or the use· of orthoptic instruments of anY,kind for the pur­ pose' of improving or correcting ,the visual function, or for adapting the visual function to the requirements of a special occupation.

· THE OPTOMETRY ORDINANCE 31 4.

(1) Any person desiring to practice Optometry in the Yukon Territory shall file with the Controller, upon a form to be by him supplied, an application in ·the Form A, in the

schedule hereto, together with satisfactory evidence that he has successfully passed an exainination set by th\.! Board of Examiners in Optometry of. any Province in Canada, and that he is registered as an Optometrist in that Province. Thereupon, arid upon the payment of a fee of $15.00 the Controller shall cause to be issued a Licence to practise.

(2) There shall also be due and payable annually by every practising optometrist to the Territorial Secretary on or before the thirtieth day of June in each year the sum of twelve dollars and upon such payment the Territorial Secre­ tary shall give to such practising optometrist a certificate showing such payment. S.

Any licence so issued Tlla y be revoked or suspended by the Controller for violation of the provisions of this Ordinance; misrepresentation or fraud or. inebriety or un­ professional conduct; provided that before the License is revoked or su'spended the holder thereof shall have notice in writing of the charge or charges against him, and at a date speeified in the notice, be given a public hearing; and shall have ample opportunity to produce evidence in his behalf. 6. Any person practising Optometry after having his License revoked, shall be deemed to have practised Optom­ etry without a License. 7.

Any License, proved to the satisfaction of the Controller to have been fraudulently obtained,· shall be Formal application required. License. fee. Annual fee. 1.lcense may ·be revok~d . 'lr ~u~penrled revoked by the Controller. . , 8. (

a) No person shall practise optometry within Prohibitions. the Territory unless he is th.e duly qualified holder of a license to practise and a certificate of payment of the annual fee as required u~der this Ordinance ..

Ih,stl'lction on aovertlslng. Agency. Penalty. 32 THE "OPTOMETRY ORDINANCE (

b) No person shall falsely personate an Optome­ trist of a like or different name, nor buy, sell or fralldulently obtain a Licence issued to an­ other. (

c) No person who is not an Optometrist shall by advertisement in any newspaper, sign, or through or by any" me"diuJTI whatever, a~!:ume a title, name or description implying or cal­ culated to lead to the belief that he is entitled to practise! Optometry. Proof of practis:ng or offering to practise, er the public rep:-esen­ tation of being qualified or entitled to practise Optometry Qr holding out as such in any man­ ner prohibited by this section, shall be suffi­ cient evidence of a violation of this section. 9.

No perso"n, firm, compa~y or body" corporate shaI: advertise prices, charges, credit or terms of credit, in respect to eye-glasses, spectacles, lenses or optometric services. 1 O. No Optometrist shall wilfully or knowingly act as the professional agent or employee of any person who does not hold a valid and subsisting Licence to practise under this Ordinance, or permit his name to be used by or on account of or for the profit or advantage of any such unlicensed person, or do any other act to enable such a person to practise Optometry, knowing him not to be duly qualified. 11.

Any person guilty of a violation of this Ordinanc.~ shall, in ·addition to any other p.enalty, be liable, on sum­ mary conviction, to a fine of not more than one hundred dollars, or to imprisonment for not more than two months, or to both fine and imprisonment.

THE OPTOMETRY ORDINANCE 33 FORM A.

SCHEDULE APPLICATION, FOR LICENCE TO PRACTICE OPTOMETRY IN THE YUKON TERRITORY. I, ............. ~, ......... hereby make application for a Licence to Practise Optometry within the Yukon Territory. Name in fulL ............................... . P. O. Address ............................... . Date and place of birth ........ Racial Origin ....... . Optometric education taken aL ...................... . Year of graduation ................. , ... .

Province of pr~sent Registration and Practice __________________ __ Testimony of Board of Examiner's in Optometry of the Province in which applicant is regis'tered: We hereby certify thaL __________________ , ______________ at this date :egist'~red aryd licensed ~o practise Optometry in, the Prov- Ince of ______________________________ . (Seal of the Board.) (Title) Date (Title) D .'. f C d '1 In the Matter of the Optomet'ry Y ok m m IO Tn o. ana a Ordinance and in the Matter ~f the u on erntory I" " .. T W · . app IcatlOn oL., ________ ------ ______ for o It. I' h d ' Icense t ereun er.

I, ______________ " ____ 0 f th e ____ .: ________ oL __________ ., in the ______________ __ do solemnly declare: 1. That I am a British subject of the full age of 21 years and of good moral character. 2. That th"e informa-tion in the within application con­ tained is true in substance and in fact. And I make this solemn declaration, conscienti'o'usly believing it to be true, and knowing that it is of the same force ,and effect as if made under oath, and by virtue of, the Canada Evidence Act. Declared before me at __ . ____ . this.. ______ "" day of ________ , A. D. 19 ____ .

Comml~­ ~ioner." .. "Pllrovcrl .... "Inflam­ mable." "Sel"\'lce SIll lion."' 34 THE PETROLEUM PRODUCTS ORDINANCE

CHAPTER 4 AN ORDINANCE GOVERNING THE STORAGE, TRANSPORTATION AND DISTRIBUTION OF INFLAMMABLE PETROLEUM PRODUCTS IN THE YUKON TERRITORY. (As~ented 10 April 30th, 1945.) The Commissioner'of the Yukon Territory, by and with . the advice and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be cited as "The' Petroleum Products Ordinance." 2..

In this Ordinance, unless the context otherwise re­ qUires: (a) ,"Commissioner" means' the Controller of th= Yukon Territory; (b)' "approved"· means approved by the Com­ mlSSloner; (c) "inflammable" when used in conjunction with "Petroleum Products" herein, means those having a flash-point below one hundred and seventy-five degrees Fahrenheit according to . the Tagliabue Closed Cupl'ester: (d) "service station" includes any building or other premises, where inflammt).ble petroleum products are delivered direct to the fuel tanks . of the automobiles ~nd trucks;

TI-IE PETROLEUM PRODUCTS ORDINANCE 35 (e) (f) "store" means any building or other pre'!lises, other than a servic~ station, where inflam­ mable petroleum prod~cts are kept for sale or delivery to the public; "fire-proof" means of incombustible materials. 3: Inflammable petroleum products shall be classified as follows: . Class i-All petroleulllproducts having. a flash point at or below eighty-five degrees Fahrenheit according to the Tagliabue Closed Cup Tester.

Class 2-All petroleum products having a flash point above eighty-five degrees Fahren­ heit and below one hundred and seventy~five degrees Fahrenheit according to the Tagliabue Closed Cup Tester. PART.I. Transportation and handling .on· public high­ 'ways and construction and operation of con­ veyances. 4. This .Ordinance shall apply to the transportatiorl of petroleum products in Class 1 and Class 2' by means of vehicle, but shall not apply to the regular fuel tanks used in operation of vehicles. 5.

No' person shall transport Class i inflammable petroleum products in drums or other containers having a capacity of fifty galloris or less, except in containers co m­ plying with shipping container specifications or any modifi­ cation thereof, of the Board of Transport Commissioners for Canada;' no container th~t leaks or is otherwise defec­ tive shall be used; portable tanks s~all be properly secured while in transit. . . I . "Store."' "Fire· proor." [nfl>tmmahl.~ petroleum prorlucts. Limit or Ordlnarice. Pacl,age transpor­ tation.

Protection against fire during tra",'pnrt. Limit to vapour pressure. Tags on f)~tl~t fHllcet. 36 THE PETROLEUM' PRODUCTS ORDINANCE 6. (a). No person loading, unloading or being about any vehicle during loading or unloading Class 1 petroleum products, or riding upon any ~ehicle used for the transport of such petro­ leum products, shall smoke or have in his pos­ session any lighted pipe, cigar, cigarette 01- lighted match; (

b) lighting circuits shall be equipped with fuseS, automatic circuit breakers or other suitable overcurrent protection and all wiring shall have sufficient carrying capacity and mecharii­ cal strength and shall be properly secured, in­ sulated and protected against physical damage, (

c) evel'y motorized vehicle used in the transpor­ tation of petroleum products shall be equipped with at least one approved. hand fire extin­ guisher of a non-freezing type suitable; every . such fire extinguisher shall be maintained in good working condition and shall be in an accessible place on the motorized vehicle or on an attached trailer or semi-trailer. 7.

No vehicle shall transport or carry any inflammable petroleum products having a Reid Vapour Pressure of over sixteen pounds per square inch except in containers speciallv approved by the Commissioner; the Vapour Pressure shall be determined by Procedure D 323-42 of the American Society for Testing Materials. 8.

Every outlet faucet on a tank truck shall be tagged ..with an enamelled metal or substantial fibre, or other ap­ proved tag designating the class of the contents in the tank or compartment from which such faucet leads; the tag used to designate Class 1 petroleum products shall be coloured red and the tag used for Class' 2 petroleum products shaill be some other colour or colours.

THE PETROLEUM PRODUCTS ORI)INANCE 37 . PART H. 9. The provisions of this· part shall apply to the con­ struction and erection of plants for the handling and stor­ age of inflammable petroleum products, but not to the con­ struction and erection of equipment for refinery plants, ex­ cept in so far as the bulk storage of such products is con­ cerned. 10.

(1) Except as otherwise permitted in this Ordin­ ance the storage of inflammable petroleum products shall be outside of buildings, in underground 'tanks, or above­ ground tanks, provided that storage in tanks above-ground shall be prohibited within mercantile, or other congested districts, or ~here tanks cannot be diked to preven't inflam­ mable petroleum products from flowing or being carried by waterways into congested districts. . (2 ) Notwithstanding anything in sl:Ibsection 1· of this section, the Commissioner may permit the storage of Class 2. inflammable' petroleum products· having a flash pointo;of not less than one hundred degrees Fahrenheit ac­ cording to the Tagliabue Closed Cup Tester in approved tanks'.at hospitals, schools, public buildings, dwelling houses and business places.

The capacity ,of such approved tanks shall not exceed the annual individual fuel requirements of said hospitals, schools, public build'ings, dwelling houses and business premises. Such tanks shall at all"times be kept in a condition consonant with ,safety and shall' at no time' create an undue hazard to adjacent premises.

(3) The Commissioner may, not longer than th ree years from the l,ast inspection, cause an inspection of such tanks and fittings to be made by his authorized agent, who shall have authority to enter upon such premises' at all reasonable time's for the purpose of making such inspection. Scope. Location, Fuel tanl,." Inspection. 11. An operator, d,river, or other competent person' Attendance during sha.ll be in immediate and constant attendance at all loading loading al1(~ unloading. and unloading of inflammable petroleum products at bulk storage plants.

Ahf}\'e :;round tanks. 38 THE PETROLEUM PRODUCTS ORDINANC;E 12. No tanks used for the storage of inflammable petroleum products shall be closer t~ any property not occu­ pied by the operator of the tank than the distance shown in Table 1 provided that where any such tank is used for the storage of crude petro·leum the distance shall be twice that shown in table numher one. Capacity of Tank (Imp. Gals.) 0., 15,OO(} 15,001 - 24,000· 24,001 - 50,000 50,001 . - 100,000 100,00 I - and over TABLE 1. Minimum Distance 5 ft. 10ft. 15 ft. 25 ft. o tank diameter but not less than 25 ft.

(2) No tank used for the storage of inflammabI.e petroleum products shall be closer to any other .such tank than the distance shown in Table 2 provided that where any such tank is used for the storage of crude petroleum the distance shall be twice that shown i·n table nwnber two. Capacity of Tank (Imp. Gals.) o - 15,000 15,001 - 24,000 24,00 I - 50,000 50,001 - 100,000 . 100,001 - and over· TABLE 2. ·Minimum Distance 3 ft. 5 ft. 10 ft. 15 ft . Y;. tank diameter but not less than 15 ft.

THE PETROLEUM PRODUCTS ORDINANCE 39 13. (1) (b) (c) (

a) Every.above-ground tank containing in~ flammable petroleum products' shall be ade­ quately vented and equipped with an a1>­ proved screen, or other protective device to . preven.t entrance of flame; Every manhole frame shall- be constructed of steel or equivalent material, and be securely 'fastened to the tank; " shell, manhole covers shall be made of steel and shall be securely bolted in place, and fitted with suitable gaskets or otherwise made liquid­ tight.

(2) Self-closing roof manhole and gauge hatch covers shall be .fitted with .non-sparking metal where they join their 'seats and all roof manholes and gauge hatches ,shall be flame-proof an'd gas-tight. , (3) . (

a) Every tank containing inflammable pe­ troleum products shall be equipped. with prop'­ erly designed 'and constructed vacuum and pressure valves arid in no case shall the com­ bined area of such deVIces be less t'han the area of the delivery inlet pipe to tank; . (b) . every tank shall be grounded through direct contact with the. earth, by connecting pipe lines or suitable grounding cables and pl.ates buried in the'· earth. . '14.

(1) Every horizontal'~bove-ground tank ~hall be vented in accordance with table number three.' TABLE 3. Emergency relief of excessive above-ground horizontal tanks . . Capacity of Tank , (Imp. Gals.) o - '1,000 1,001 - 4,000 '4,001 - 15,000 internal, pressures In Relief Valve Diameter 10 inch 20 ihch 4 inch

Lincel'­ gl'olln.] ~torage tnnk~, 'Matel';,,1 n ne] (;nnstrHct ion. 40 THE PETROLEUM PRODUCTS ORDINANCE

(2) All vertical above-ground tanks shall in addi­ tion to the relief valves have the'roof of weaker construc­ tion than the sides of the tank or contain an emergency explosion hatch in the roof. 15. Every above-ground tank in which inAammabie petroleum products are stored shall have marked on it, in a place clearly visible from the outlet valve, or on a tag on the outlet valve the name of the product contained in the tank. 16. ( 1 ) No underground tanks shall ,be installed under a public highway;

(2) No such tank shall be less than three feet from a building, basement wall or property line and shall not be permitted beneath the basement Aoor;

(3) Tanks shall be constructed of open hearth steel or of wrought iron of a thickness not less than that specified In t~ble number four and "seconds" shall not be used; Capacity (Imp. Gals.) 1 - 250 251 - 500 501 - 1,000 Above-l,OOO Minimum Thickness of Material Gauge lbs. U. S. standard sq. ft. 16 20 14 3 Ys 12 4Ys 7 70 (4) tanks shall be tight, and sufficiently strong to bear without injury the most severe strains to which they may be. subjected in use; (5) shells of tanks shall be properly reinforced where connections are made, and all connections made through the top of the tank above the liquid levd;

THE PETROLEUM PRODUCTS ORDI"NANCE 41 (6) no person shall subject any tanks to" pressur~ by compressed air, water, ga~ or other means to dislodg~ or deliver the content~ of such tank; (7) every iron and steel tank shall be thoroughly coated on the outside with suitable rust-resisting. material;, (8) every iron or steel sh"eet less than No. 7 V.S" st~ndard "gauge in thickness used in" the construction of underground taok shall be galvanized in addition to the requirements of se"ction 6. 17. I (

a) No horizontal tank with more than one com- partment shall contain in its compartments petroleum products of different Hash point at one and the same time unless the compart­ ments are sepa rated by double bulkheads with suitable drained intervening air space or intei·­ mixture of the petroleum products is other­ wise prevented to the satisfaction of.-the Com-" missIOn er ; (

b) tanks erected prior to the coming into effect of this Ordinance with more than one com­ partment and not conforming to the require­ ments of subsection (

a) shall not be used at the same time for "the storage of "petroleum products of both Class 1 and Class 2. 18.

(1) Every" tank tha"t may" contain inflammable vapour shall be fitted wi th a vent pipe, the lower end -~o f whi'ch shall not extend through the top into the. tank for a distance of m.ore "than one inch; (2)" vent openings shall be o"f sufficient area to per­ mit escape of air or vapour during the filling operation and except those working automatically shall be" not less than one inch in diameter; Tank" with rllore than one com­ partment" Piping- u I~d other appUl"­ tenances.

Engilles. rllotors and pUlnJl!'l. 42 THE PETROLE·UM PRODUCTS ORDINANCE (3) vent pipes shall be provided with weather­ proof hoods and flame arresters, and shall terminate twelve feet above the general grade level and not ·less than two feet from any window or other opening from a ·building; (4) . individual vent pipes shall be provided for each tank or each compartment thereof; (5) the end of the filling pipe for underground storage tanks shall be carried to a suitable site outside any building, but not within five feet of any e~trance, door or cellar opening, and shall be kept locked except during filling operations and the top of every fill-pipe that is at or below grade level shall be set in a metal box with cover. 19.

Equipment used in the operation of bulk storage plants shall comply with the following regulations: (a y. every exhaust pipe from an internal combus­ tion engine shall be carried to a point outside the building to a distance satisfactory to the authorized official; . (

b) every electric motor, unless of a non-explosive . type, shall be erected in a room separate from any pump witli a gas-proof partition between such rooms and every opening in the walls where shafting passes through such partition shall be protected with a stuffing box or by other suitable method, and similar provision shall be made where pumps are driven by in- ternal combustion engines; . (

c) every switch exposed to· inflammable. gases shall be of an approved explosive-proof type.

THE PETROLEUM PRODUCT.S ORDINANCE 43

PART Ill. 20.(

a) Inflammable petroleum products at service stations shall be stored in underground t.anks where practicable; (

b) all service stations shall be subject to the pro­ visions of secti?ns 16, 18 and 19; (

c) rubber hoses or hose used in loading .and· un­ loading tank trucks shall be anti-static. 21. No owner or operator of a motor vehicle shall per­ mit the engine to run while any inflammable. pc:troleum product is being delivered to the fuel tank and no person shall deliver any inflammable petroleum product to the fuel tank of a motor vehicle while its engine is running. 22.

The nozzle on every hose through which inflam­ mable petroleum product is delivered by gravity or electric power from pumps shall be of non-magnetic material and equipped with. valves that cannot be held open except by the hand and will dose automatically whe!l the hand pressure is released, and 'every such hose shall be anti-static with metallic connection between the inlet and outlet of the hose. 23.

Portable containers in which Class .1 petroleum products iue sold or delivered to the public shall be of an approved metal safety type and a label shall be atta<;:hed by the vendor in each case on which sha:I1 be printed ih bold type a warning that the contents are dangerous and should not be exposed to fire or flame and should not be used. for cleaning purposes in any building, provided that this

section shall not apply to: Ca) the bulk sale or delivery of gasoline in quanti­ ties, five· gallons or over, in rc!gular .gasoline drums, half drums, quarter' dtums or sealed containers complying with the specifications of the Board of Transport Commissioners for Canada; . Under­ ground tanks. Ta.nks and tlttlng". Loading hose. SliutorC engine. Shutoff nozzle~. Sale In portable containers. ".

O!,en tlame. pl'ohlblted. No self­ ~p.rvlce. I~mpty drums. Fire protection. 44· THE PETROLEUM PRODUCTS .. ORDINANCE . . - (

b) the delivery in a metal container of gasolin.:: required to refuel a motor vehicle to permit of its being moved; (c.) the taking of samples for testing, by the repre­ sentatives of oil cOlJlpa~ies or by officials ap­ pointed under the Ordinance, in metal con­ tainers sealed OQ the premises of the service;' station. 24. Inflammable petroleum products shall not be drawn from containers nor handled nor used in the presence of any flame or fire, nor in any place where inflammable vapour from such petroleum products may be communicated to any open flame or fire. 25.

No person shall provide for or permit the 'supply­ ing of Class 1 petroleum products to the public by any self­ serve method in any quantities whatever. 26. All drums and barrels used for inflammable petro­ leum products shall, when emptied, be tightly closed and an authorized official may prohibit, or limit the storage of such empty drums or barrels in any place where he deems it advisable so to do. 27. No inflammable petroleum products or crank-case oil shall be permitted to' enter any sewer or sub-surface drainage system but suitable liquid collectors shall be pro­ vided. 28.

(1) Approved fire .extinguishing devices and materials be provided and maintained in good condition at service stations and at stor~s where inflammable petroleum products are kept or stored.

(2) An easily accessible remote-control switch shaH be provided for electrically-operated pumps.

THE PETROLEUM PRODUCTS ORDINANCE .45

PART IV. 29.

(1) Petroleum products in containers of fifty gal­ lons or less shall not be stored on public roads in settlements except at places, and for such periods as shall be permitted by a member of the Royal Canadian Mounted Police or other person appointed by the Commissioner under this Ordinance. (2) if in the opinion of the Commissioner of the Yukon Territory inflammable fluids are being stored in a place or subjeCt to conditions which impose unnecessary hazards, the Commissioner may direc;:t the removal of in­ flalllmable fluids or the containers ; if the owner fails to remove the inflammable fluids or the containers, the Com­ missioner may have them removed at the owner's expense. 30.

Any person violating any provisions of this Ordin­ ance shall be liable on

summary conviction to a fine of n.ot less than ten dollars nor more than one hundred dollars or to imprisonment with or without hard labour for a term not exc~eding three months; in cases where a fine is levied and nof 'paid forthwith, the person convicted shall be committed to prison with or without 'hard labour for such term not exceeding three months as the magistrate deems necessary or until such fine is paid. Storage in portable con ta.l n er!!.

46 ASSESSMENT ORDINANCE, AMENDM,ENT

CHAPTER 5 AN ORDINANCE TO EXEMPT J. H. MERVYN FROM PAYMENT OF LICENSE FEE ON ELECTRIC LIGHT PLANT IN MAYO AREA FOR CERTAIN PERIODS. (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. The License Fee provided for in the proviso to

Section 20 of the Assessment Ordinance, being Chapter' 5 of the Consolidated Ordinances of the Yukon Territory, as amended by

Section 4 oJ

Chapter 5 of the Ordin­ ances of the Yukon Territory, 11944, shall not be lev,ied against J. H. Mervyn in respect of the Electric Light Plant operated by him in the Mayo area for the two years ending March 31st, 1945, and March 31st,,1946.

YUKON MEDICAL ORDINANCE, AMENDMENT· 47 CHAPTER·6 AN ORDINANCE TO AMEND ''THE YUKON MEDICAL ORDINANCE." (Assenied to April 30th,. 1945.) The Commissioner of the Y~kon Territory, by and with the .advice and consent of the Council of said Territory, enacts as follows: 1. "The Yukon Medical Ordinance," b'eing

Chapter 64 of the Consolidated Ordinances of the Yukon Territory, 1914, as amended by

Chapter 1 of the OrdInances of the Yukon Territory, 1943, is hereby further amended by re· pealing

Section 29 of said Ordinance and substituting the following there for: 29. Notwithstanding anything contained in this Ordin­ ance, the Controller may issue special permits to practise medicine in the Yukon Territory, subjecf to the following provIsions: (

a) Such permits shall be issued o~ly, to duly . qualified physicians and surgeons enrolled in . or attached to the armed forces of Canada or the United States of America .. (

b) Applicants for permits shall furnish creden­ tials satisfactory to the Controller. (

c) The Controller m4Y cancel any such pe,rmit at any time and no permit shall in any event extend beyond the duration of the war. SpeciaJ permits.

48 YUKON MEDICAL ORDINANCE, AMENDMENT (cl) The permit shall entitle the holder to furnish professional services· to armed forces per­ sonnel anywhere in the Territory, and. to civilian personnel, native Indians and Eski­ mos in such parts of the Te'rritory and dur­ ing such periods of time as are designated by the Controller. (

e) No fee shall be charged for permits issued hereunder.

DENTAL. ORDINANCE, AMENDMENT 49

CHAPTER 7 AN ORDINANCE TO AMEND THE "DENTAL ORDINANCE." (A ssented t6 April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of" said Territory, enacts as follows: . 1. "The Dental Ordinance,' being

Chapter 7 of the Ordinances of the Yukon Territory, 1920, is hereby amended by inserting the following as

Section 8 thereof: 8. Notwithstanding anything contained in this Ordin­ ance, the Controller may issue special permits to practise dentistry in the Yukon Territory, subject to the following provIsIons: (

a) Such permits shall be issued only to duly quali­ fied dentists enrolled in or attached to the armed forces of Canada or the United States of America. (

b) Applicants' for peqnits shall furnishcreden­ tials satisfactory to the Controller. (

c) The Controller may cancel any such permit at any time and no permit shall in any event extend beyqnd the duration of the war. (

d) The permit shall entitle the holder to furnish professional services to armed forces person­ nel anywhere in the Territory, and to civilian personnel, native Indians and Eskilllos' in such parts of the Territory and rluring such periods of time as are designated by the Controller. (

e) No fee shall be charged forp,ermits issued hereunder. SpecIal permit".

Drl\-er-s 11 ('P Ill'le required_ A.ppllcatlon -for. Fee. lssue of. 50 -MOTOR VEHIC],E ORDINANCE, AMENDMENT

CHAPTER 8 .- . AN ORDINANCE I TO 'AMEND "THE MOTOR VEHICLE ORDINANCE." (Assented to Apl:il 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent· of the Cou·ncil of said Territory, enacts as follows: 1. "The Motor Vehicle Ordinance," being

Chapter 66 of the Consolidated Ordinances of the Yukon Territory, 1914, and amending Ordinances, is hereby amended by in­ serting the following after

Section 12 thereof: . 12 A

(1) No person shall drive or operate any motor vehicle on any highway unless in addition to any license or permit which he is otherwise required to hold under this Ordinance, he is the holder of :l subsisting driver's license issued to him· pursuant to the provisions of this Ordinance.

(2) The applicant for a driver's license shall sign an application in the prescribed form and deliver it to the person authorized by the Controller of the Yukon Territory for the purposes of this

section accompanied by the payment of a fee of one dollar.

(3) Upon the receipt of the application in the pre· scribed form and upon being satisfied of the truth of the facts stated in the application and that the prescribed fee has been paid, the Controller shall cause to be issued to the applicant a numbered driver's license in the prescribed form authorizing the licensee to drive or operate motor vehicles in the Yukon Territor:y.

MOTOR VEHICLE ORDINANCE, AMENDI\'IENT 51 (4) (5) (6) (7) • No appli~ation for a driver's license shall be accepted from males .under the age of sixteen years or females under the age 'of eighteen years, nor shall licenses be issued to any such persons. Every licensee shall have his driver's license in his ·possession at all times while driving or operating a motor vehicle on any highway and shall at all times produce the license for inspection upon de­ mand of any police officer or constable.

In case of the loss or destruction of a driver's. license, a duplicate license may be obtained upon application in the prescribed form and upon pay­ ment of the prescribed fee. . Vi'olation of or non-compliance with any of the provisions of this section:shall constitute an offence under thi's Ordinance. (The provisions 9f this

Section shall be and re­ main effective, on and after the first day of Sep-' tember, 1945.,) Ag'e quali­ fications. License to be carried and produced. Duplicate obtainable, Offence: .

52 ASSESSMENT ORDINANCE, AMENDMENT

CHAPTER 9 AN ORDINANCE TO AMEMND "THE ASSESS- MENT ORDINANCE." (Assented to April 30th, 1945.). The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows:

Section 20 of "The Assessment Ordinance," being

Chapter 5 of the Consolidated Ordinances of the Yukon Territory, 1914, and amending Ordinances, is hereby amended by deleting items 10 and 11 of said

section and substituting the following therefor: 10. Butcher-or keeper of meat market-retail, $50.00 11. Butcher-or keeper of meat market-whole­ sale, $150.00.

Section 20 of the said Ordinance is further amended by adding immediately after item 59 thereof the following: 60. Public dance hall or dance pavilion. $75.00.

LEGAL ,PROFESSION ORDINANCE, AMENDMENT 53

CHAPTER lO AN ORDINANCE TO AMEND "THE LEGAL PRO- FESSION ORDINANCE." . (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with t,he advice and consent of the Council of said Territory, enacts as follows: 1.' "'The Legal Profession Ordinance," being Chapter' 50 of the Consolidated Ordinances of the Yukon Ter~itory, 1914, is hereby amended by inserting the following sub­

section immediately after

section 6- of the said Ordinance: 6 A. Notwithstanding anything' contained in this Ordi-nance; the Controller may issue special per­ mits to practise as Barristers and Solicitors in the Yukon Territory subject to the following pro,,~­ Slons: (

a) Such permits shall be issued only to members in good standing of the Bars of any of the Provin'ces of the Dominion of Canada. (

b) The permit shall entitle the holder to fur­ nish professional service only to such per­ sons and under such circumstances as are specifically designated by the Controller. (

c) The Controller may cancel any such permit at any time and no permit shall in any event entitle the holder to practise in the Territory for a longer period than six consecutive months. (

d) No fee shall be charged for permits issued hereunder. Specf .. r pennlts-.

The Klllane Game Hanctllary. 54 THE YUKON GAME-ORDINANCE, AMENDMENT ·CHAPTER il AN ORDINANCE TO AMEND· "THE YUKON GAME ORDINANCE." (A5Sented to April 30th, 'Z945.) The Commissioner of the Yukon Territory, by and with the advice and 'consent of the Council of said Territory, enacts as follows: 1. Sub-section I of section. 81 of "The Yukon Game Ordinance," being

Chapter 1 of the Ordinances of the Yukon Territory, 1938, and amending Ordinances, is hereby amended by deleting therdrom the description of the area in said sub-section contained and substituting there for the following: ' ..

Commencing at a point on the International Boun­ dary betwe~n Y~kon Territory and Alaska, said point being a distance of five miles south from the ~ight bank of the ·White River in approximately North latitude 6 i ·40'; thence south and easterly following~ the said 10- - ternational Boundary to its intersecti·on with the north­ ern boundary of the Province of British Columbia ~ thence easterly following the said northern houndary of British Columbia to its intersection with the western boundary of the right-of-way of the Haines Highway; thence north and westerly following the said westerly boundary of the highway right-of-way to its intersection with the south boundary of the Alaska Highway; thence northerly and westerly following the south boundary of the right-oF-way of the ,Alaska Highway to its inter­

section with the right bank of Silver· Creek; thence northwesterly following the said· right bank of Silver ·Creek to its intersection with the shore of Kluane Lake;

THE YUKON GAME ORDINANCE, AMENDMENT 55 thence following the southerly and westerly shore of Kluane Lake to the mouth of the most southerly branch of Congdon Creek; thence southwesterly along the right bank of Congdon Creek to its source; thence northwest erly in a straight line to a pcint on the left bank of the Donjek River, said point being three miles southerly from the point where Wade Creek enters the Donjek River; thence following the left bank of the Donjek River to a point ten miles south from.the' south boun­ dary of the Alaska Highway right-of-way; thence north­ westerly in a straight line parallel to the general direc­ tion of the said highway and ten miles therefrom to a point five miles from the right bank of the 'White River; thence southwesterly on a line parallel to and five miles perpendicularly distant from' the right bank of said .White River to the point of comrriencemen"t; the said described land containing an area of approximately 10,000 square miles, more or less.

PCHver of Society as to purchase nf lAnd. 56 BENEVOLENT SOCIETIES' ORDINANCE, Al"IF.NDl'vIENT

CHAPTER 12 AN ORDINANCE TO AMEND "AN ORDINANCE RESPECTING BENEVOLENT AND , OTHER SOCIETIES." (Assented 10 April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice 'and consent of the Council of said Territory, enacts as follows:

Section 8 of "The Ordinance Respecting Benevo­ lent and Other Societies," being

Chapter 84 of the Yukon Consolidated- Ordinances, 1914, is hereby repealed and the follOWIng substituted therefor; , . 8. No society or branch incorporated under this Ordin­ ance shall be entitled to purchase land except for the actual use and occupation of the society for the pUl:­ pose~ of the society.

SUCCESSION Dun: ORDINANCE, AMENDMENT 57

CHAPTER .13 AN QRDINANCE TO AMEND "THE SUCCESSION DUTY ORDINANCE." (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent" of the Council of said Territory, enacts as follows: 1. .

Section 60f "The Succession Duty Ordinance," be­ ing

Chapter 1 of the Ordinances of .the Yukon Territory, 1934, is hereby amended by adding thereto the following subsection: (

f) property of the deceased as defined in subsec- . tion (

g) of

section 4 when such ·deceased at the time of his death was an. employee of or prior to his death was last employed by either the government of the Dominion of Canada, the Government of the Yukon Territory, or any corporation which, with respect to such employee, made similar provisions for a retire­ ment or superannuation fund. 2. Subsection 5 of

section 8 of· the said Ordinance is hereby amended by inserting the following after the word "Ordinance" as the same appears in the ninth line· of said subsection,-"or the amount of such unclaimed portion whichever shall be the lesser:" Certnill annnirips.

58 BILLS OF SALE ORDINANCE, AMENDMENT

CHAPTER 14 AN ORDINANCE TO AMEND "THE BILLS OF SALE ORDINANCE." .. (Assented to April 30th, 1945.) The ·Commissioner of the Yukon Territory, by and with the advice arid consent of the Council of said Territory, enacts as follows: . .1. "The Bills of Sale Ordinance," being

Chapter 7 of the Consolidated Ordinances of the Yukon Territory, 1914, is hereby amended by deleting the symbol and figure "$2.00" wherever the sallle appears in

section 33 of the said Ordinance and substituting therefor the'figure and symbol "7 Sc."

HIRE RECEIPTS ORDI:-iANCE, AMENDMENT· 59

CHAPTER 15 AN ORDINANCE TO AMEND "AN ORDINANCE RESPECTING HIRE RECEIPTS AND CON­ DITIONAL SALES OF GOODS." (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent of the ·.Couri~il. of said Terr"itory, enacts as follows: 1. "The Ordinance Respecting Hire Receipts and Con­ ditional S_al~s Qf Goods," being

Chapter 42 of the Consoli­ dated Ordinances of the Yukon Territory, 1914, is hereby amended by deleting the symbol and figure "$2.00" where thesan:te appears in

section 10 of the s~id Ordinance and substituting therefor the figure and symbol ":75c."

60 ADOPTION OF INFANTS ORDINANCE, AMENDMENT

CHAPTER 16 AN ORDINANCE TO AMEND "THE ADOPTION OF INFANTS Q-RDINANCE." (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. "The Adoption of Infants Ordinance," being Chap­ ter 8 of the Ordinances of the Yukon Territory, 1942, ~si hereby amended by deleting all the words in

section 8, sub­ ~ection 1, after the word "copy" .as the same now appears in the last line of said subsection, and substituting the fol­ lowing therefor: "Of the Order of Adoption to the Secretary of the Yukon Territory." .

WOLF BOUNTY ORDINANCE, AMENDMENT 61

CHAPTER l7 AN ORDINANCE TO AMEND "THE 'WOLF BOUNTY ORDINANCE." (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice 'and consent of the Council of said Territory, enacts as follows: '

Section 3 of the Ordinance respecting bounties on wolves and coyotes, being

Chapter 14 of the Ordinances of the Yukon Territory, 1944, is hereby amended by striking out the symbol and figures "$10.00" where the same appear in the second line of said

section and substituting therefore the symbol and figures "$20.00," and hy striking out the symbol and figures "$5.00" where the same' ap2_ear in the fourth line of said

section and substituting therefore the symbol and figures "$1O~00."

Section 5 of said Ordinance isamenaed 'by deleting therefrom alhhe words after the word "effect" in the sixth line thereof, and by deleting form "B" in the

Schedule to said Ordinance: .

Section 6 of said Ordinance is amended by striking out the words "witn the ulna and radius bones of the left forearm or foreleg attached thereto in the natural state" arid substituting the following therefore "or the scalR:'~'

62 'VVOLF BOUNTY ORDINANCE, AMENDMENT

Section 7 of said Ordinance is amended by striking out subsection (

b) thereof and by inserting after the word "pelts" in the first line of subsection (

c) thereof the words "or the scalps."

Section 9 of the said Ordinance is amended by add­ ing thereto the following proviso: " , "Provided that such rules and regulations shall have effect only u"ntil the next succeeding session of the Council of the Yukon Territory, at which time they shall be sub­ mitted to such Council and if approved shall continue in effect, and if disapproved shall be rescinded."

VVOODMAN'S LlENORDINANCE" AMENDMENT 63

CHAPTER 18 AN ORDINANCE TO AMEND "THE WOOD MAN'S . . LIEN ORDINANCE," BEING

CHAPTER 53 OF THE CONSOLIDATED ORDINANCES OF THE . YUKON TERRITORY, 1914. ,(Assented to April 30th, 1945.) ./ The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows:'

Section 6' of said Ordinance is hereby amended by striking out the word "thirty" in the first line thereof and substituting therefore the word "ninety."

64 GOVERNMENT LIQUOR ORDINANCE, AMENDMENT

CHAPTER :19 AN ORDINANCE TO AMEND "THE GOVERN- MENT LIQUOR ORDINANCE." (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory/, enacts as follows: 1. "The Government Liquor Ordinance," being Chap­ ter 1 of the Ordinances of the Yukon Territory, 1921, (Second Session), as amended by

Chapter 8 of the Ordin­ ances of the Yukon Territory, 1943, is hereby amended by striking out of paragraph S-D in the third line of said para­ graph the words "in the prescribed manner" and by striking out all the words of said paragraph after the word "thereof" in the fourth line of said paragraph SoD.

HOURS OF LASOR ORDINANCE, ,AMENDMENT 65

CHAPTER 20 AN ORDINANCE TO AMEND "AN ORDINANCE TO REGULATE THE HOURS OFLABOR AND THE MINIMUM 'VAGE TO BE PAID IN MIN- ING OPERATIONS." (Assented to April 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory~ enacts as "follows: .

Section 2 of the Ordinance to Regulate the Hours of Labor and the Minimum Wage to be paid in Mining Operations, being

Chapter 2 of the Ordinances of the Yukon Territory, 1937, is hereby amended by striking out the

interpretation of the word "employee" as the- same ap­ pears in

section 2 of the said Ordinance, and substituting the following therefore: " 'Employee' means a person employed by an em­ ployer to do skilled or unskilled manual, clerical or technical work; but does not include a person em­ ployed in a confidential capacity or having authority to employ or discharge employees."

Section 3 of the said Ordinance is hereby amended by striking out the word "fifty-six" where the same appears in the fourth line of said

section and substituting therefore the word "forty-eight." N otwi thstanding anything con­ tained in this

section it shall be permissible only by mutual agreement between the employer and the elected represen­ tatives of the employees for an employee to allow the days

66 HOURS OF LABOR ORDINANCE, AMENDMENT in which he would normally be off work to accumulate for a period not to exceed four calendar weeks in length.

Section 4 of the said Ordinance is hereby repealed.

Section 5 of the said Ordinance is hereby repealed and the following substituted the,refore: "5. An employee who is not working underground in any shaft or tunnel may be employed and work during the time over and in excess of such daily limit of eight hours :lOd of such weekly limit of forty­ eighthours, only if he is paid at the rate of time and one-half for each hour of such overtime."

Section 6 of the said Ordinance is hereby repealed and the following substituted therefore: "6. In all mining camps in the Yukon Territory where an employer employs in excess of three em­ ployees at one time such employees shall be fur­ nished with board and lodging, the nature and ade­ quacy of which shall be determined by agreement between duly accredited representatives of said em­ ployers and employees." 6. Sections 7, 8, 9, 10 and 11 of the sa.id Ordinance arc: hereby repealed. 7. This Ordinance shall come into effect on June 1 st, 1945.

CO-OPERATrVE ASSOCIATIONS ORDINANCE 67. .CHAPTER 21 AN ORDINANCE FOR THE INCORPORATION OF OF CO-OPERATIVE ASSOCIATIONS, AND TO PROVIDE FOR THEIR REGULATION. . . (Assented to L1pril 30th, 1945.) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of said Territory, enacts as follows: 1. This Ordinance may be cited as the "Co-Operativ~ Association Ordinance." 2. In this Ordinance, unless the context otherwise rc- Expressions· " IntE'rpretr> •. 1. qUires: .

"Association" means an association incorporated under this Ordinance; "Call" includes instalment and any other sum paid or payable or agreed to be paid in respect of a share; "Court" means the Court of the Yukon Tcrritoryj "Director" includes trustee, officer, and any person oc­ cupying such position by whatever name called; "Document" includes notice, order, summons, and other legal process and registers; "Extraordinary resolution" means a resolution passed by a majority of not less than three-fourths of such members entitled to vote as are present in person or by proxy (where proxies are allowed) at a general meet­ ing of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given;

P'r)rm:1 lion or a~ncintion. ~anlt! tu Include ~ertnln ~\'nrcls. I To;" uf word "co-opera­ live" I'rnhlhite<l. 68 CO-OPERA1WE ASSOCff\TIONS ORDINANCE "Land" includes all messuages, lands, .tenements, here­ ditaments of any tenure, leaseholds, and all. immovable property of any kind; "Member" means a member of an association; "Memorandum" means the memorandum of association of an associ~tion with all amendments thereto; "Officer" includes treasurer, secretary, director, or man­ ager; "Registrar" means the Registrar of Companies or other duly authorized person performing his duties; .

"Rules" means· the rules, regulations, or by-laws of an association for time being in force. 3.

Any five or more persons may fonn an incorporated association under this Ordinance for the purpose of carry­ ing on any lawful industry, trade, or business, except the construction and operation of railways or the business of banking or insurance. or of a trust company provided that where an association is being formed for the purposes of a club, the Registrar may require evidence to his satisfaction that the club has been carried on for at least one year imme­ diately preceding the application for incorporation and has been conducted in a proper manner, and the association may not be formed unless such evidence is furnished. 4.

(1) Every association formed under this Ordin­ ance shall include in its name the word "co-operative," and also one of the words "association," "society," "union," or "exchange," or some similar word approved by the Regis­ trar, but shall not 'include in its name either the word "company" or the word "limited"; and e\7ery association which changes its name shall comply with this section. (2 ) No person, firm, or corporation shall com­ mence business under any name which includes the word "co-operative," or adopt any new name including that word, except:

CO-OPERATIVE ASSOCIATIONS ORDINANCE 69 (

a) An association to which this Ordinance ap­ plies; or (

b) An extra-territorial corpora tion exempted from the provisions of this subsection by the approval in writing of the Commissioner.

(3) Every person, firm, or corporation which vio· lates the provisio.ns of subsection (2) shall be liable, on

summary conviction, to a penalty not exceeding one hundred dollars. 5. (

I) The capital of an association shall consist of an unlimited number of shares of such denomination as may be fixed by the memorandum.

(2) The liability of a member shall be limited to the amount unpaid on the shares held by him. 6. (

I) The persons desiring to fonn an asosclatlOn shall make and subscribe, in duplicate, a memorandum ac­ cording to the form in

Schedule A and rules agreed upon for the government of the association, and shall transmit the same with the proper fees to the Registrar. Where any rule in

Schedule B is adopted without alteration, it shall be sufficient to refer to it by number for the purpose of incor­ porating it in the rules transmitfed as aforesaid.

(2) There shall at the same time be filed with the Registrar: a list of .the persons named as the first directors of the association under

section 28, stating their full names, addresses, and occupations, and the period for which they will so act; and a notice setting forth the address of the association as required by

section 32.

(3) If the memorandum and rules appea r to the Registrar to comply with thi:; Ordinance he shall issue under his seal of qffice a ~ertificate showing that the associa­ tion is incorporated, the place where its registered office will be situate, and the denomination of its shares; and shall, at Penalty. Capitnl I.l" consist of lInllrint~(1 number of !'hnres. Limited liability. Memoran­ dum and rule ... List or" (llre('tors and notice of nddres". Certificate of I ncorpor­ atlon.

CUllclusive­ llt;!.SS of certificate. Incorpor­ ation as fl'om oate of certili­ ~n.te. ·Power to :-;ue and rOlltrA ct. I:'t)wer to­ IIcqulre and r1ispose of I",no, Borrowing \lower. 70 CO-OPERATIVE ASSOCIATIONS ORDINANCE the cost of fhe applicants, publish the certificate with a st:ltement of the objects of the aswciation for two weeks in tl:e Gazett<:. One copy of the memorandum and rules shall be retained and registered by the Registrar and the other copy returned to the applicants certified as having been filed with him.

(4) A certificate of incorporation' given by the Registrar in respect of an association shall be conclusive 'evidence that the requirements of this Ordinance in respect of incorporation have been complied with, and that the association is duly incorporated according to the provisions of this Ordinance. 7. From the date of the certificate of incorporation tile subscribers to the memorandum, and slJch other persons as may frem time to time become members of the assoCiation, shall be a body politic and corporate by the name therein described, having perpetual succession and a common seal, 'with the powers and subject to the provisions in this Ordin­ ance contained. 8.

(1) An association may sue and be sued, contract and be contracted with, in its corporate name.

(2) An association may alter or change its com­ mon seal at its pleasure; but shall in all cases have its name engraved in legible characters on its seal. 9. An association may hold, purchase, lease, or other­ wise acquire such land as is required for the purposes of its business, and may sell, exchange, mortgage, lease, improve, develop, and manage the same. 10.

For the purposes of its business, an association may borrow or raise or secure the payment of money in such manner as it thinks fit, and in particular by the issue of de­ bentures charged upon all or any part of its property, in­ cluding its uncalled capital; but this power shall be exercised only under the authority of its rules, and in no case shall debentures be issued without the sanction of an extraordi­ nary resolution.

CO-OPERATIVE ASSOCIATIONS ORDINANCE 71 11.

(1) For the purposes of its business, an associa­ tion shall, in addition to any other power conferred by this Ordinance, be deemed to have the following powers: (

a) To buy, sell, grow, p~oduce, manufacture, repair, alter, exchange, hire, and deal in a!l articies and things within the scope of its business; (

b) To construct, improve, maintain, develop, work, manage, carry out, or control any roads, ways, wharves, manufactories, ware­ houses, shops, stores, and other works and conveniences; (

c) To draw, make, accept, endorse, discount. execute, and issue promissory notes, bills of exchange, bills of lading, warrants, and other negotiable or transferable instruments; (

d) To distribute any of its property among it5 members in specie; (

e) To enlarge the local area of its operations by establishing branches or otherwise; (

f) To subscribe to, become a member of, and co-operate with, or to acquire, take, and hold shares in, any incorporated company or asso­ ciation having limited liability and objects in whole or part similar to its own objects; (

g) To invest its funds in or upon any security in which trustees are for the time being author- ized by law to invest; \ (

h) To, acquire or undertake the whole or any part of the business, property, and liabilities of any person or company or any other asso­ ciation carrying on any business which the association is authorized to carry on; Anclll"r~' powers.

Sallctlon of c:eneral meeting In certain r.ases. Hedemptlon and reissue nf share~. Iloan~ to members. Distribution ,)f profits. 72 CO-OPERATIVE ASSOCIATIONS ORDINANCE (

i) To sell or dispose of the undertaking of the association or any part thereof for such con­ sideration as the association may think fit, and in particular for shares, debentures, or securities of any other association having ob­ jects similar to its own; (

j) Generally to carry on and undertake any business within the scope of this Ordinance which may seem capable of being conveni­ ently carried on in connection with the busi­ ness of the association, or calculated, directly or indirectly, to enhance the value of or ren­ der profitable any property .or rights of the association; (

k) To do all or any of the above things as prin­ cipals, agents, contractors, or otherwise, and by or through trustees, agents, or otherwise.

(2) The powers specified in clauses (

e) to (

i) of subsection (1) may only be exersised in each case by extra­ ordinary resolution of the association. 12. Subject to the provisions of the rules, an associa­ tion may: (

a) Redeem and reissue its own shares; (

b) Advance money' to its members on the se­ curity of real and personal property. 13.

(1) The profits from the business of an associa­ tion shall be apportioned as follows: (

a) By setting aside such sum as its rules shall provide, not being less than ten per centum of the net profits of each year as a reserve fund until that fund is equal to the following percentages of the share capital paid up at the date of apportionment, namely:

CO-OPERATIVE ASSOCIATIONS ORDINANCE 73 (

i) Where the paid-up share capital is twenty-five thousand dollars or less, thirty per centulll: (ii) Where the paid-up share capital exceeds twenty-five thousand dollars' but does not exceed fi fty thousand dollars, twenty per' centum; (iii) . \Vhere the paid-up share capital exceeds fifty thousand dollars but does not exceed one hundred thousand dollars, ten per centum j (iv) 'Where the paid-up share capital exceeds one hundred th'ousand dollars, such percentage (if any) as the rules require j (

b) By payment of such dividend as its rules may provide, not exceeding eight per centum per annum, on the share capital paid up at the , date of the apportionment j (

c) By distributing among such patrons or such class or classes of its patrons as the associa­ tion may, subject to its rules, determine, whether members or not, and whether ven­ dors to or purchasers from the association, the whole or any portion of its remammg profits.

(2) Profits not so apportioned may be devoted to the propagation of co-operative principles or the g~neral purposes of the association. 14. ( 1) An association may, by extraordinary reso­ lution and with the approval of the Registrar signified in writing, change its name, .

(2) Where an association changes its name, the Registrar shall enter the new name on the register in place of the former name, and shall issue under his seal of offi'ce Change of name. RegIstrar to Issue certltlca te.

};;ffect of ·change. Alt.eratlon of objects. Alteration of denomIna­ tion of ~hares. Heglstrar's ~E'rtlflcate. Conclusive­ ness of certificates. 74 CO-OPERATIVE ASSOCIA1'IONS ORDINANCE 'a certificate that the association has changed its name, stat, ing therein the new name, and, if he thinks it advisable, shall, at the cost of the association, publish in the Gazette a notice of the change.

(3) The change of name shall not effect am rights or obligations of the association, or render defective any legal proceedings by or against the association, ,and any legal proceedings that might have been continued or commenced against it by its former name' may be continued or commenced against it by its new name. 15.

An association may, by ex~raordinary resolution, alter its objects so as to include some object or objects within the scope of this Ordinance which may conveniently or advantageously be combined with the existing objects of the association, or so as to restrict or abandon any object speci­ fied in the memorandum. 16.

An association may, by extraordinary resolution, alter the denomination of its shares by consolidation and division into shares of larger amount or by subdivision into shares of smaller amount than is ,fixed by the memorandum, so, however, that the proportion between the amounts (if any) paid and unpaid on any existing share shall be the same as it was before the alteration. 17.

No resolution under the last two preceding sections shall take effect until it is filed with and registered: by the; Registrar, and a certificate issued by him under his seal of office setting forth particulars of the alteration.' A notice of any such alteration shall, if the Registrar thinks it advis­ able, be published in the Gazette by him at the cost of the association. 18. Any certificate issued by the Registrar pursuant to

section 14, 15, or 16 shall be conclusive evidence that the requirements of this Ordinance with respect to the provi­ sions of that

section have been complied with.

CO-OPERATIVE ASSOCIATIONS ORDINANCE, 75 19. An association may by extraordinary resolution reduce its share capital in any way authorized by the "Companies Ordinance," for the reduction of share capital with the sanction of the Court by a company having a share capital, and the provisions of the "Companies Ordinance" relating thereto shall mutatis mutandis apply. 20. (

I) Contracts on behalf of an association mav be made as follows: - (

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

h) Any contract which, if made between private persons, would be by law required to be in writing; signed by the persons to be charged rherewith, may be made OIT behalf of the. association in writing by any person acting under its authority, express or implied, and may in the same manner be varied or dis­ charged; (

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

(2) All contracts made, varied, or discharged according to this

section shall, so far as concerns the form thereof, be effectual in law and binding on the association and all other parties thereto.

(3) A bill ofexchange or promissory note shall be deemed to have been made, accepted, or endorsed on behalf of an association if made, accepted, or endorsed in the name of, or by or on behaff of, or on account of the association by any person acting under its authority, express or implied. Hcducl;on of capitaL' Contracts. EfTect in law. Bill or exchange or promIssory note of assocIation.

Interpre­ tation for purposes of section. I..hluhlated ()'Lmages for breach of cnntrnct. Injunction ilnd specIfic­ (>erformance. 76 CO-OPERATIVE ASSOCIATIONS ORDINANCE 21. ( 1 ) In this section: "Co-operative marketing contract" means any con