ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1976 FIRST SESSION J. SMITH COMMISSIONER PriD,ed .. d Publi.bed 'or ,b. Co ...... meat 0' ,b. Vuk ... Tenoi'ory ...... Aa,boril, ., Cb.pt ... 81 .f ,b. C •••• lid.ted ~ .. U ..... _ .f lIS •. BY H. J. TA YLOR. 0-0... Prt.tap

CHAPT~ 2 3 4 5 6 7 8 9 10 II.L.rI.R. 11 II.C.II.IL 12 ILe.iLI:. 13 II.C.Il.n. 14 ILC.I:.R. 15 li.C.:i.K.

ORorNJ\IICES OF THE YUKON TERRITORY .1.976 Hom~ Owners' ~rant Ordinance Insurance Premium Tax Ordinance Liquor Tax Ordinance An Ordinar.ce to Amend the COllT.lunity Assistance Ordinance An Ordinance to A~end the Compensation for the Victilr.s of Crill:e Ol'dinance ' An Ordinance to ~T.end the Credit Unions Ordinance An Ordinance to Amend the Taxation Ordinance An Ordinance to Amend the Taxation Ordinance An Ordinance to ,'\~end tile Tobacco Tax Ordinance Financial Agreement Ordinance. 1976 First Appropriation Ordinance. 1976-77 Fourth Appropriation Ordinance. 1975-76 Loan Agreement Ordinance

(1976) NO. 1 Loan Agreement Ordinance

(1975) NO. 2 I~nicipal General Purpcs~s Loan Ordinance T~b1e of Ordinances PAGE 1 5 11 13 14 15 22 23 24 26 29 31 33 3S 37 40

tHAPTER 1 ORDINANCES OF THE YUKON TERRIT9RY ° 1976 (Firs~ Session) HO~'E OlmF.RS' GRArlT ORDINAnCE (Assented to fJl4lrch lS. 1976) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. (1) 2.

(1) Th is Ord i nance may be c.i tcd as the llo:r:e Or.mel's' CI'I;nt Shoi"t Title Ordinanca. n:TEr.PRF.T.A.TIO~ In this Ordinance

Definitions "eligible residence" means "eligible residcncc" (

i) a parcel of land shown as a separate taxable parcel on a taxation roll for the current year prepared under the Taxation Ordinance and that has as in:provel!l!nts situated thereon a building or buildings·assessed and taxed in the current year as an improve~ent or improvements and (ii) a mobile home registered pursuant to

Section 6 of the Tazation Ordinance. OI·med by the occupier and located -either on his own property. in a mobile home park, or on property not o\'med by him but \~hich property is shown as a separate taxable parcel on a taxation roll and in \o/hole or in part occupied by the owner as his normal residence for a 'period of not less than 183 days in the year in respect of which the application is made but:does not include a residerice which forms part of a multi~family dwel~ ling assessed to one owner. 11 family" mQans any person ~;ho is the grandparent. parent or child of an OImer or an owner's spouse and who is supported by the owner or his spouse • • 1 - "family"

"lIIuIU-famlly dwelling" "owner" "qual iUe:d .. pplico:n\:" "taxes" "multi-family dwell ing" means a building used for the purpose of providing two or more separate suites or sets of ro~ms for S~pilrate occupation by.one or more persons l'ihethcr or not any s~ch suite or set of rooms is separately assessed or taxed. "owner" means in respect of property (

i) the registered owner of the property or (ii) the purchaser .of the property under an Agreement for Sale, or (ii

i) in respect of Crol'," land, the occupier under lease from the Cro~m; "q~alifiecl applicunt" means an G\·:ner of an eliS·"ib1e residence whp htls paid taxes in respect of Hoc eligible residence for the yeur in respect of wh"ith his ar~lication ~s ~Jde; "taxes" means (

i) taxes levied on lands and improver:1ents by the Commis­ sioner or a municipality pursuant to the Taxation Or- dinance but does not include licence fees, local im- provement taxes, arrears, penalties, delinquent taxes, nor interest; and (ii) in respect of mobile homes means the taxes payable in respect of the mobil e home by the ol·mer of the mobil e home but does not include taxes payable by the owner or operator of a mobile home park in respect of the land upon which the mobile home is situated.

(2) A residence which is otherwise eligible is not disqualified Pay Crant Amount 3. (1) (2) as a multi-family dwelling merely because a separate suite or set of rooms is separately occupled by a member of the owner's family. The Commissioner may, each year. subject to this Ordinance, pay a Home Owners' Grant to every qualified applicant ·in respect of his eligible residence. The amount of the grant shall be the lesser of: (

a) the sum of $250.00; or (

b) onc-half of the taxes levied in respect of the eligible residence in the year of application. less $50.00. - 2 -

(1) Every application shall be ~de on the prescribed form and delivered to the Territorial Treasurer not later·than the 30th (2) 5. 6. 7. 8. day of September of the year in respect of which the applt­ cation is made and shall be accompanied by proof of the pay­ ment in full of the taxes payable in respect of the eligible residence for the taxation year in respect of which the appli­ cation is made.

Notwithstanding Subsection (1) the Treasurer may extend the time for the submission of the application in respect of any applicant who satisfies the Treasurer that he was not quali­ fied for the grant on September 30 but has qualified prior to the 31st of December. ~o person is eligible for more than one grant in any year. Only one grant is payable in respect of any eligible res- idence. No grant is capable of being assigned and the Commissioner is not bound by any purported assignment. Hhere an eligible applicant dies the grant is payable to his heir or surviving spouse and for the purposes of this

section the residence of the heir or spouse in the eligible residence shall be deemed to be the residence of the deceased Ol'iner. 9.

(1) Where an eligible residence is part of a building which is also used for commercial or industrial purposes. the grant shall be paid in respect of that portion of the building which forms the eligible residence.

(2) Where a building mentioned in Subsection (1) ·is taxable as a unit the territorial assessor shall compute the share of the taxation applicable to the residence for the purpose of

Section 3.

(3) In making a computation for the purpose of Subsection (2) the territorial assessor shall not take account of the ·land which forms part of the pro.perty. - 3 - Application ExtensioD of time One &rant only Eligible resident Not assignable Deceased owner Eligiule residence

(1) The Commissioner may make such regulations as he deems'· . Regulations necessary to carry out the purposes of this Ordinancei Coming 11. into force

(2) Notwithstanding Subsection (1) the Commissioner may specify the form and manner of completing any application and specify any information which may be required in respect of the ap­ pl ication. . This Ordinance shall come into force upon assent and shall apply in respect of the year 1976. - 4 -

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY. 1976 (First Session) INSURANCE PREMIUM TAX ORDIN~CE (Assented to March 18. 1976) The Commissioner of the· Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1.

(1) This Ordinance may be cil'3d as the Insurance Premium Ta: Ordinance. 2.

(1) In this Ordinance "annuity contract" means a contract that provides for the payment of an income for a specified period. or for life and under the terms of which the sole benefit stated to be payable by reason of death does not exceed the sum of the amounts paid as consideration for the contract together with interest;

Short Title "annuity contract" n insurance. company" means a person or corporation "insurcance c°lttlany" carrying on in the Territory the business of insurance as defined in the Insurance Ordinance. and (

a) includes any person in the Territory who purchases insurance outside the Territory, and (

b) includes syndicates of underwriters operating on the plan known as "Lloyds"; but (

c) does not include a "fraternal society" as defined in the Insurance Ordinance. "taxation year" means a calendar year in which premiums are receivable.in respect of business transacted in the Territory; nTreasurer" means the Territorial Treasurer and includes any officer designated by him for the 'purpose of this Ordinance. '\taxatioD year" "Treasurer"

Insurance lTemi.1II1/ Ta.% Chp. a Tax 3.

(1) Every insurance company shall pay to the provision Commissioner for the use of the Territory a tax equal to two percent of the gross premiums receivable by the company during the taxation year in respect of business transacted in the Territory by the company, after deducting from the ·gross premiums (

a) an amount equal to the cash value of dividends paid or credited to its policy holders in that taxation year, and Cb) an amount equal to the premiums returned in th~t taxation year.

(2) For the purposes of subsection (1), "business transacted in the Territory" means (

a) in the case of property insurance, all contracts on which premiums are receivable from, or in respect of, persons whose property was situated in the Territory at the time their premiums became payable, and (

b) in the case of other insurance all contracts on which premiums are receivable from, or in respect of, persons who are resident in the Territory at the time their premiums became payable.

(3) The tax imposed under this

section is not payable (

a) on amounts receivable as consideration for an annuity contract; (

b) in.respect of premiums receivable under a contract of ma:ine insurance; or (

c) by a re-insurer in respect of re-insurance premiums credited to it by an insurer. - G -

(1) An insurance company that is liable to·pay a tax under this Ordinance shall, on or before the twenty-eighth day of February in the year following the taxation year, file a return showing the amount .of tax payable by the company in respect of the taxation year and shall remit to the Treasurer the amount of the tax, if any, payable by it in respect of the taxation year.

(2) The return required under sUbsection (1) shall be verified by the oath or affirmation of the president, manager, secretary or chicf agent of the insurance company. 5.

(1) An insurance company that is liable to pay a tax pursuant to

section 21.1 of the Fire Prevention Ordi.nance sh.all pay the tax required by that Ordinance in addition to the taxes payable under this Ordinance and shall pay to the Treasurer all such taxes at the same time. F110 a return 6.

(1) Nhere any tax payable under this Ordinance is not Tax unpaid paid in full on the date on which payment is due, the insurance company shall pay to the Treasurer the amount due, together with interest on the amount of the tax unpaid at the rate of ten percent per annum from the date on which the tax was due until payment is made. 7.

(1) If the Treasurer so desires in order to enable him State~ent under oath to determine the correctness of any return made under the provision of this Ordinance, or if he desires further information concerning a .return, he may require the president, manager, secretary or agent of the insurance company to file a further statement under oath within thirty days. - 7 -

Inspection B. Revoke licence 9. Insurance Premi&Q1l Ta: Chp. z

(1) The Treasurer may appoint inspectors to examine books and papers of an insurance company or an agcnt of an insurance company in so far as they relate to any business lrnnsactions whereby the company may be liable to taxation under this Ordinance.

(2) The insurance company and the officers, employees or agcnts of the company shall produce to the inspectors for inspection by them all books, papers, letters and documents relating to any business transactions whereby the company may be liable to taxation under thj5 Ordinancc.

(3) Any such inspector may examine under oath any officer, employee or agent of any such insurance company respecting any such business transactions and may administer the oath accordingly.

(4) An officer, employee or agent of an insurance company who refuses, neglects or omits to produce as required under subsection (2) any books, papers letters or documents or who refuses to answer a question put to him under subsection (3), is guilty . of an offence and liable on

summary conviction to a fine not exceeding One Thousand Dollars in respect of each offence and in default of payment to imprisonment for a term not exceeding six months.

(1) If any insurance company (

a) neglects or refuses to make a return within the time prescribed by this' Ordinance; (

b) neglects or refuses to furnish to the Treasurer any further statement or other information requircd after making the return: or - 0 -

10. ,.tnsurance n-ennWII 7'= Chp. a (

c) makes a return and furnishes such further statem~nt or other information but it is found by the Treasurer that the return or statement made by the insurance company is inaccurate and that the tax that should" be paid has been understated, the Commissioner may order the agent of the insurance company in the Territory to cease representing the insurance company and should he rcfuse to do so, revoke his licence.

Cl) An insurance company liable to taxation under this Ordinance that refuses or neglects or whose chief agent or attorney, as the case may be, refuses or neglects to make any return or statement or pay the tax as required by this Ordinance or the regulations is guilty of an offence and liable on

summary conviction to a fine of not more than Two Hundred Dollars for each and every day during which the refusal or neglect continues and in addition shall pay the tax required under this Ordinance to be paid.

(2) In construing and enforcing this section, the act, omission, neglect of failure of an officer, Fin~ "cmployee, agent"or attorney of, or any other person acting for an insurance company liable to taxation under this Ordinance shall be deemed to be the act, omission, n~glect or failure of the insurance company if the ,officer, employee, agent or other person was acting within the apparent scope of his employment or instructions.

(3) Unpaid taxes are a debt due to the Commissioner and may be sued for in a court of competent jurisdiction. - 9 -

Regulat- 11. ions Coming into Force 12.

(1) The Commissioner may make such regulations as he deems necessary to carry out the provisions of this Ordinance and without restricting the generality of the foregoing, may make such rcgulations and orders (

a) respecting the form and content of all returns, reports and statements required by the Treasurer for the due administration of this Ordinance; (

b) respecting the form ~nd content of any documents required for use u~Jer this Ordinancc; and (

c) respecting the definition of terms used in this Ordinance and not herein defined.

(1) This Ordinance shall be deemed to have come into force on January 1, 1976. - 10 -

CHAPTER 3 . ORDINANCES OF THE YUKON TERRITORY . 1976 (First Session) LIQUOR TAX ORDINANCE (Assented to March 18. 1976) The Commissioner of the Yukon Territory, by and \'lith the advice and consent of the Countil of the said Territory, enacts as 1. Cl) 2. 3. Thi s Ordinance may be cited as the Liq:;:;l' Ta= Cl·':ill'.':'i~e.

INTERPRETATION Any expression which is defined in the I.,iq~r Crii~:c;nce and not defined in this Ordinance shall have the meaning given to it in the LiqU01' Orc1ir.ance. There shall be levied on all liquor purchased at any liquor store or liquor warehouse, a tax as follows: (

a) on each 25.0 fluid ounce bottle of spirits, eighty cents; (

b) on each bottle of spirits other than the 25.0 fluid ounce size, the tax shall be computeo at the same rate per fluid ounce as in paragraph (

a) rounded to the nearest five cents; (

c) on each 26.0 fluid ounce bottle of fortified wine. eighty cents; (

d) on each bottle of fortified wine other than the 26.0 fluid ounce size, the tax shall be computed at the same rate per fluid ounce as in pal'agraph (

c) rounded to the . nearest five cent5; (

e) on each 26.0 fluid ounce bottle of table wine, twenty cents; - 11 -

Short Title

Definitions Tax

Tax 4. paid to Territorial Treasurer Sec Lion 5. repealed Comine G. into force Liquor Ta.: Chp. J (

f) on each bottle of table wine other than the 26.0 fluid ounce size, the tax shall be computed at the same rate per fluid ounce as in paragraph (

e) rounded to the nearest five centsj (9) on each dozen bottles of beer, ten centsj and Ch) on each Imperial gallon of draught beer, ten cents. The Director of liquor Control shall pay the amount of the tax to the Territorial Treasurer for deposit to the credit of the Yukon Consolidated Revenue Fund and shall account in respect of t!le tax to the Ten-itorial Tre<!surcr 1IS required.

Section 15 of the Liquor Ordinance is repeiiled. this Ordinance shall co,.le into force on the 1st day of April 1976. - 12 -

CtlAPTER 4 OROINA'~CES OF TilE YUKOn TERRITORY 1976 (First Session) Atl ORDIflArICE TO M'END THE Cm~·'UNITY ASSISTMICE ORDJIIA:ICE (Assented to ,·larch 18, 1976) The Cor.missioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory. enacts as follows: 1. The COr..-:!iI!:: t:I ;~.!:$if::ay:c,~ 01'=~r.:11;C<! is a/::ended by repealing

Section 75.1 thereof. 2~ This Ordinance co~es into force upon assent. - 13 -

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY 1976 (first Session) AN OROIHAHCE TO AMEHD THE Cor'lPEIlSATION FOR THE VICTH1S OF CRHi£ ORDIr:ArlC£ (Assented to Narch lll, 1976) The Corr~lissioner of the Yukon Territory, uy and with the advi ce and consent of the Counei 1 of the sa i d rerritory, enacts as follows: 1. Subsection 23. (1) of the Co"::;;Cr.I'::l;;';~C~ Fe]' ~.1:.: l'i=~::.-:s of CJ>:'r-:~ O:rii''.!''.I::::,-; is repec.l ed c:-:d ~he fo 11 ol·:i ng substituted therefor: "l3.

(1) An al';al'd of co~:p(:llsC!ticn ;:;acc by a judge shall not exceed (

a) in the case of one victin, t: lump su~ payment of $15,000 or a periodic payment of $500 per month, ~ut the total of periodic payments shall ~ot exceed the sum of $25.000~ and (

b) in the case of more than one victim arising out of a single occurrence •. a total of lump sum paym~nts of $75.000 or a total of periodic payments for all victims of $125.000. but no Single victim in a multiple victim occurrence sha 11 rece; ve more than he coul d have received had he been injured in a single victim occurrence." 2. This Ordinance shall be deemed to have come into force on the 1st April. 1975. - 14 -

CHA~T[R 6 ORDINANCE OF THE YUKON TERRITORY 1976 (First Session) AN ORDINANCE TO AMEND THE CREDIT UNIONS ORDINA~CE (Assented to March 16, 1976) The COllr.1issioner of the Yukon Tenitory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1.

SEction 10 of the·C) ... ]c~t Ull'iCI:[J Ol'iillcr:ce is a~::nded by adding thereto the followinQ new subsection: 2. (1) "

(4) If any bylal~ is inc'Jnsistent l'Iith any Vovision of this Ordinance the provision of the Ordin~nce shall prevail." Paragraph 17. (1) (d) 'of the said Ordinancl:! is repealed and the following substituted therefor: U(

d) deposit money in chartet'ed banks in C:ar,lada, trust cor:;panies ; ncorpora ted under the 1 a\~s of Canada 01'" a provi nee of Canada, anc'. in an association or a co"opE'rative credit S9C.:iet y defined \'11, and an organization which ho'l~ds a certificate grantt:d under, the Co-Operative Credit I.snociations Act (Canad.aJ. "

(2) The said Ordinance is further amended by renIJmberil1g paragraph 17. (1) (

i) as'paragraph (

j) and ar!ding to tile sai.d' subsection the fo I, 1 owi ng. nel" pa ragraph: 3. (1) n(;) become a member of and invest in shares. in an ,association, I co-operative credit society, or organi2:ation mentioned in paragraph (d)." Subsection 22. (1) of the said Ordinance is r,~pealed and the 'ro11ol.ing substituteJ therefor: n22.

(1) Subject to subsections (2) and (3), at the organi~ational meeting the credit union shouid elect a board of directors of not less than five members and a supervisory com- mittee of three members; and the persons so elected shall hold office until the first annual meeting and until their successors are elect!!dj anyone dir'cctor . may also be a member of the credit committee.

\'.i .)" ....... ,V .. L.L. VI ... d,,: :'«1'-1 unll",,;I";\.! I::' 1 UI'LIIl;I' u;iICIIUCIJ uy d\,ll,lIny thereto the follol ... ing new sUb.section: "

(4) The directors may appoint (

a) a credit committee, and (

b) a credit officer and subject to this Ordinance may prescribe the duties of the credit conunittee" and the credit officer til.it where no '." '. - credit cormlittee is appointed the credit offic'er shall be deemed to be the cred i t comittee and may e'xe'':-d ~i ill' - - . ..; t the powers of the credit com'nittee contained' rn' t111's'- Ordinance subject to any conditions the dire~tors' may' impose." 4. The said Ordinance is further ~mended by repealing para~faph 26 (1) (

a) and substituting the following therefor: "26 (1) (

a) determine the procedure and appoint 'the" persons who de~l with each application for membership and the procedures for expulsion from membership."

Section 34 of the said Ordinance is repealed and the following substituted therefor: "34.

(1) Except' as provided by this Ordinance no credit union shall lend money to or accept deposits from any person tlho is not a member of the credit union. 6. Sections 3S'and 36 of the said Ordinance are repealed.' "

Section 38 of the said Ordinance is repealed and the following substituted thel'efor: "

(1) A credit union shall appoint an auditor. (2) ,The auditor of a credit union shall (

a) be a chartered accountant or any other person ap­ proved by the Registrar and may be a firm or . partnership of auditors (

b) be appointed by the members at each annual general meeting (

c) be independent of the credit union, its subsidjari~ r , " corporations and its directors, officers and employees

(

d) make an annual examination of the affairs of the credit union and make a report thereon to the n~mbers of the credit union at each annual general meeting a"d shall state. in his report (

i) whether the financial statements present fairly the financial position of the credit union and the results of its oper­ ations for the period under review. (ii) whether the financial statements are in accordance with generally accepted ac­ counting principles applied on a basis consistent with that of the preceding period, and (iii) the total of'all loans outstandinq to di rec tors, offi cers, employees a'nd members of a committee of the credit union

(3) Where a vacancy occurs in the office of auditor the directors shall notify the Registrar and shall, \-/ithin 30 days, appoint a person qualified under this

section to fill the vacancy and notify the Registrar accordingly.

(4) If the directors fail to fill a vacancy pursuant to Subsection (3), the Registrar shall, at the expense of the credit union, appoint an auditor for the credit union.

(5) The directors of a credit union Ca) may. at any time. and (

b) shall. at the request of the auditor of the credit union. call' ~ general meeting to consider a report made by the auditor as to any matter arising ~ut of the financial affairs of the credit union.

(6) The auditor of a credit union is entitled to access at all times to all' the records. books, documents. accounts. 'and vouchers of the credit union and may require from the directors. officers and employees of the credit union all information and explanations, in his opinion. necessary for the purpose' of his duties as auditor. - 17 -

The auditor of a credit union Ca) is entitled to attend any general meeting of the credit union and to receive every notice and other communication relating to the meeting that a member is entitled to receive, and (

b) is entitled to be heard at any qeneral meeting that he attends on ~ny part of the business of • the meeting that concerns him as auditor, or that concerns the financial statements of the credit union."

Section 39 of the said Ordinance is repealed and the following substituted therefor: . "39. Cl) Except as provided by this section, the dit"(;ctcrs of a credit union may authorize the bor.-Cl·ling of money by the credit union but at no time shall the indebtedness of the credit union for noney borrowed exceed one-half of the aggregate of (

a) the share capital of, (

b) the total deposits with, and (

c) the surplus of a credit union.

(2) A resolution of the directors authorizing the borrowing of money that would result in the outstanding indebtedness of the credit union for monies borrowed pursuant thereto exceeding one-quarter of the aggregate of (

a) the share capital of, (

b) the total deposits. with, and (

c) the surplus of a credit union is not effective unless such resolution has been earlier app,"oved by an affirlTk'ltive yote of three­ quarters of the n~mbers who are present at and vote on the resolution at a meeting of the credit union •.

(3) A resolution authorizing the borro\~ing of money by a credit union continues in effect until amended by alike resolution unless a time is specified in the authorizing resolution limiting the time during which the ~uthority

(4) The Rcgistrar may excmpt a credit, union from the proviSions of subsections (l),and (2) upon such terms and condftions as he may specify and the credit unton may. subject to those terms and conditions. borrow such amounts as the dfrectors may authorize by resolutfon.

(5) Nothing tn this

section limits the amount that may be received by a credit union by way of investment in shares or on deposit. u

Section 40 of the said OrdinJnce is amended by ad~ing thereto the following ne\., subsection: U(2) t:ot\~ithstanding any provision in lht:' bylaws or supplemental bylaws. a'credit union ~ay issue debentures, mortg~~es. charges, hypothecations, pledges and other security and evidences of indebtedness to secure any liability for the repayment of money borrowed by the credit union \.,ithout the need for any special or extraordinary resolution of ,the members~ip." 10. Subsection 42. (1) of the said Ordinance is repealed and the following substituted therefor: "42.

(1) The reserve fund may be invested in the stocks. bonds or securities of the Government of Canada or may be deposited in accordance with paragraph 17. (1) (d)."

Section 49 of the said Ordinance is amended by adding thereto the following new subsection: "

(2) An application to withdraw all money invested in shares and on deposit with the credit union shall constitute an applicJtion to withdra\., from membership and, upon payment of all the monies invested in shares and deposits pursuant to the application the person shall cease to be a member." - 19 -

Section 53 of the said Ordinance is repealed and the following substituted therefor: "53.

(1) A credit union may receive money for investment in shares or for deposit from (

a) a member. Cb) a member i" joint ownership with another person. (

c) a member acting as trustee whether for a named . beneficiary or othentise. Cd) the Government of Canada or any province, (

c) a municipality.

(2) In the absence of notite to the credit union to the contrary from a member, a joint o\',nel" of that mer.~bcr's share or dt>pt'sit or the'survivor of them, pa,},';',,:nt by the credit union to or to the order of the member, the joint owner or the survivor of them, of all money invested in shares or on deposit discharges the credit union fro~ any' further liability and the credit union shall not be obliged to see to the application of any money so paid. '(3) , Shares and deposits owned jointly may be charged s~ecifically to secure a loan made by the credit union to or an obligation to the credit union of one or more of the joint owners of the shares or deposits only with the written consent of all joint o'\·mers. \

(4) A credit union is not obliged to see 'to the execution of a trust whether express, implied or constructive to which shares or deposits may be subject and payment to ~ member acting as trustee of monies invested in shares or on deposit ,discharges the credit union from any further liability and the credit union is not bound to see to the application of any monies so paid.

(5) Unless the instrument of trust so permits, shares and deposits in the credit union held in the name of a trustee whether in trust, for a named beneficiary Qr othen.,ise. may not be charged to secure a loan made by the credit union or an obligation to the credit union. - 20 -

\VI .. ",o;;U,," UIIIUII :'IIQII "Ut; eAerClse.iI !len created by thfs Ordinance by applicatfon of shares. deposfts. dfvidends or interest (

I) where the shares. deposits. dividends or interest • ire owned jOintly, unless all the joint owners are indebted 1n respect of the indebtedness that is in default, or (

b) where the shares.·deposits, dividends and interest are held by a trustee with respect to indebtedness of (

i) the trustee, unless the trustee would have been penmittcd to charge the~as security for the inqebtedness. or (ii) a beneficiary, unless the beneficiary or the trustee would have been per~itted·to charge them for the indebtedness.

(7) Nothing in this

section shall affect any pledge, charge, hypothecation, mortgage or lien on or upon shares and deposits held jointly or in trust where such pledge, charge. hypothecation, mortgage or lien arose before the coming into forc·e of this Ordinance."

Section 54 of the said Ordinance is repealed and the following substituted therefor: "54.

(1) The annual meeting shall be held before the end 9f March at such time as.th~ credit union may determine, or such later date as the Registrar may authorize upon request of the credit union.

(2) At least seven days' notice shall be given to each member of every meeting of the credit union but accidental or inadvertant omission to give any notice to or non-receipt of notice by a member shall not invalidate a meeting or proceedings thereat," 14. The said Ordinance is further amended by adding thereto the following new section: "78. The CoIl'Jnissioner may make such regulations as he deems necessary in order to carry out the provisions of this Ordinance." 15. This Ordinance shall cOllie into force on assent. _ 71 _

CHAPTER 7 ORDIIIAI~CES OF THE YUKON TERRITORY 1976 (First Ses~ion) AN ORDINANCE TO M1WD TIlE TAXATIOI~ ORDIIIAIICE (Assented to P~rch 1, 1976) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, ~nacts as follows: 1. n.e Taxat.{ O~I Cruir.cnce ; s i:rcend<:!d by add; ng thereto the iollo"/ing nc~': section: "115.

(1) Notwithstanding subsection 50.(1), the CGI;.11issioncr !!lay levy taxes in respect of the 1976 Taxation Year, on the assessed value of all real property in the Territory not within -a municipality liable to taxation on or before the 31st day of I'larch, 1976. " 2. "Thi s Ordi nance shall come ; nto force on the day of assent." - 22 -

• CIIAPTER 8 ORDINANCES OF THE YUKON TERRITORY 1976 (First Session) AN OROIt/AtICE TO Al-IErlD THE TAXATION OROItlAflCE (Assented to March 18. 1976) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: 1. Subsection 55. (1) of the TG:atiotl OT'd{T'.;.;;:~e is repca 1 cd and the fo 11 0\·:1 n9 subs t i tuted there for : "55.

(1) I-ihere the taxes payable in any yeclr in respect of any real property in the Territory outside of municipalities are less than one hundred dollars • . the minimum tax payable in respect of such property shall be one hundred dollars. " 2. This Ordinance shall come into force on January 1. 1976. - 23 -

CHAPTER 9 ORDINANCES OF THE YUKON TERRITORY 1976 (First Session) AI~ ORDINANCE TO AI~END THE TOBACCO TAX ORDIIIAtlCE (Assented to ~jarch 10. 1976) The Commissioner of the Yukon Territory. uy and with the advice and consent of the Council of the said Territory. enacts as follows: 1.

Section ~. (

l) of the Tob;.:cco :re.:: Ol'd';"!:.:lT!ce is hereby repealed and the fo1101':;n9 SI,;,~Hituted tilcrcfor: "4. (

l) Every dealer shall collect and rer.,it pursuant to this Ordinilnce tax at the rate of (

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

b) one cent on every cigar purchased by hi~ for a price at retail of not r.~re than five cents, (

c) two cents on every cigar purchased by him ,for a pri~e at retail of more than five cents and not more than ten cents, (

d) three cents on every cigar purchased by him for a price at retail of more than ten cents and not more than fifteen cents, (

e) four cents on every cigar purchased by him for a price at retail of more than fifteen cents and not more than twenty cents. (

f) six cents on every Cigar purchased by him for a price at retail of more than twenty cents and not more than thirty centsi (9) eight cents on every cig'ar purchased by h1m for a price at retail of more th~n thirty cents and not more than forty centsi • l4 -

Tollacco Taz f!rdiJiul"o . ChI'. 9 (

h) ten cents on eve!y ci gar purchased by him for a price at r;l~ai1 of more than. forty cents. (1) thr~~ c~nts on r/ery half of one ounce or part of half of/on~ ounc~ of any tobacco purchased by hIm other than cigarette or cigars." 2. This Ordinance cOllies intr/effect on April 1st. 1976.

CHAPTtR 10 ORO"INANCES OF THE YUKON TERRITORY 1976 (first Session) FIIlANCIAl AGREH:£IlT ORDINAI/CEt 1976 (Assented to /larch 10. 197G) The Co~issioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as fol10I'/s: SHorn TITLE 1.

(1) This Ordiniln:e may be cited as the F:"~'lcic.1. "f!'€C:r':cr:t 2.

(1) In this Ordinance "agreement" t~ans the agreement entered into pursuant to

section 3i "fiscal year" ~~ans the period beginning on and including the first day of April in one year and ending on and including the thirty-first day of March in the next yeari "1 0cal administrative district" has the meaning given to it in the,agreement. 3.

(1) Subject to this Ordinance the Commissioner is authorized to enter into and execute. on behalf of the Government of the Yukon Terri tory. an agreement whi ch wi 11 provi de ,(

a) that the Government of Canada will pay to the Government of the Yukon Territory. (

i) as an operating grant for the fiscal year 1976-77. an amount equal to Ten Hillion. Nine Hundred. Twenty-four Thousand Dollars. (

H) as a payment in lieu of the Government of the Yukon Territory levying personal and corporate income taxes. an amount equal to Nine ~'i11ion. Two Hundred. Forty-One Thousand Dollars. ' (111) as a capital grant for the fiscal year 1976-77 an amount equal to Eleven Milt ion. Six lIundred and Six Thousand Dollars.

Financial Agreement Ordinance. 191'6 Chp. 10 (

b) that in consideration thereof' the Government of the Yukon T~rritory will suspend and refrain and will requiN! local administrative districts in the Territory to suspend and refrain from the imposition, levying and collection of individual incom~ tax~s, corporation taxes and corporation incor.le taxes in respect of the period commencing on the first day of January 1976. and ending on the thirty-first day of December 1976. 4.

(1) The agrcerr.~nt shall also provide (

a) that the amounts payable by the G:>vernrnent of CC!nldl to the Governr.ent of the Yukon ~err;tory shall be paid' (

i) in the case of the ar.~unts described in sub-paragraphs 3.(1)(a)(

i) and, (ii). in equ~l instalments in each month in the period from the first day of April 1976 to the thirty-first day of March 1977. and (ii) in the case of amounts described in sub­ paragraph 3.(1)(a)(iii) in the amounts and at the times fixed in a

schedule to be provided by the Territory and agreed to by Canada. '(

b) for such other terms and l.onditions as may be agreed upon for the purpose of giving effect to this Ordinance. 5. (

l) The agreement may be varied or amended from time to time. as may be agreed upon with the Government of Canada by the Commissioner. 6. (1) tlo variation or amendment to the agreerr.ent made pursuant to

section 5 is valid unless it is ratified by the Council. 7.

(1) Upon execution of the agreement. the Ordinance of the Territory and any regulations. or by-laws made thereunder. including those ,of any local administrative - 27 -

F\nancia% Agreement Oroinance~ 1976 c,"P. 10 district, shall, for the relevant periods provided in the agreement, be deemed to be amended, suspen~ed or inoperative as the case may be to the extent necessary to give effect to the agreement and to permit the Govcrnm<!nt of the Yukon Terr\tory to fulfill every obligation assumed by it under the agreement. 8.

(1) Neither the Corrrniss10ner nor any local administrative district shall do any act or exercise any pOI>:er or collect any tax in contravention of the provisions of this agreement. 9.

(1) The COJ:lilissioner is cmpo" .. ered to do every act arid exercise every power for the purpose of irr.pler.;enting every obligation assumed by the Government of the Yukon Territory under the agreement. 10. (1) 11.

(1) Sections 7 to 9 shall remain in operation for only so long as is necessary to give effect to th~ agreement. This Ordinance shall come into force on the day of assent. - 28 -

. CI;IAPTER 11 ORl)lNAr~CES OF THE YUKON TERRITORY 1976 (First Session) FIRST APPROpnJATlOfl OnOWAflCE, 1976-77 (Assented to March 18. 1976)

Whereas it appears by message from James Smith, Esq •• Con~issioner of the Yukon Territory, and in the esti~ates accompany­ ing the same that the su~s hereinafter mentioned in .Schedule "A" of this Ordinance are required to defray certain expenses of the public service of the Yukon Territory and for the purpose relating thereto, for the blelve months ending the thirty-first dilY of Narch, 1977. Therefore, the Co~roissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory, unacts as follows: 1. (1 ) 2.(1) 3. (1) 4.

(1) This Ordinance may be cited as the Fil'St Appropriation' Ordi.,..ance~ i.976-77. Fro~ and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole, Seventy-One I·li 11 ion, Six Hundred and Ninety-Four Thousand, Mine Hundred and Eight Dol1ars~ for defraying the several charges and expenses of the public service of the Territory for the twelve months ending the thirty-first day of I-larch 1977. as set forth in

Schedule "A" of this Ordinance and such sum shall be applied only in accordance with the Schedule. The due application of all monies expended pursuant to .

section 2 shall be ~,~ounted for. This Ordinance shall come into force ori the day of assent. - 29 -

Short Title AmOWlt Granted .bnies to be <IccoWlted {or Comillg into force

FirBt Appropriation "19?6-??

SCHEDULE "N' IIPPROrp.1f\T10~1 OR ITn, Administrative Services Department of Treasury Ocpart~ent of Education Departraent of Territorial Secretary and Registrar General Departrr.cnt of Health, Ilelfare and Rehabilitation Department of Local Government Department of Tourism, Conservation and Information Department of legal Affairs Department of Highl ... ays and Public Works Yukon Ilous i ng Corpora t ion Project Capital loan Capita 1 loan Amortization Total - 30 - " . Chp. 11 s $ 1,794,901. $ ],853,053. $12,502,368. S 1,358,778. $11 ,900,890. $ 3,360,504. $ 2,522,190. $ 2,303,704. $14,490.589. $ 2,039,531. $11,251,500. $ 5,273,000. $ 1.043.900. $71,694.908.

CHAPTER 12 ORDINANCES OF TilE YUKON TERRITORY 1976 (First Session) FOURTH APPI~OPRIATIorl ORDINANCE, 1975-76 (Assented to MJrch 18. 1976)

Whereas it appears by message from James Smith. E~q •• Commissioner of the Yukon Territory. and in the estimates accompanying the same that the SUITiS hereinafter mentioned in

Schedule "AD of this Ordinance are required to defray certain expenses of the Public Service of the Yukon Territory and for the purpose relating the,"cto. for' the twelve months ending the thirty-first day of :·:arch, 1976. Therefore. the Corr.TI; ss ioner of the Yukon Territory. by and l'Iith the advi ce and consent of the Council of the sa i d Territory. enacts as follows: 1. (1 ) 2. (1) 3. (1) 4.

(1) Th is Ord i na nee may be cited a s the Fourth ApFropriation Ordinance. 19?5-?6. From and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the 11hole Five Million. Nine Hundred. Forty-Eight Thousand. Eight Hundred and One Dollars for defraying the several charg~s and expenses of the public service of the Territory for the blelve roonths ending the thirty-first day of March. 1976. as set forth in

Schedule "A" of this Ordinance and such sum shall be: applied only in accordance with the Schedule. The due application of all monies expended pursuant to

section 2 shall be accountcd for. This Ordinance shall come into force on the day of assent. . - 31 -

Short Title Amount Cranted ~Ionics to be accQunted for Coming into force

Four.th Appl'OPl'iat~ Ordinance, 19"~/"6 SCHEOULE lOA" . Appropriation or Item Administrative Services Depart~ent of Treasury Department of Education Depilrtr.,ent of Territorial ~2cretary anCl Registrar General Department of Health. Welfare and Rehabil itation Department of local Government Department of Tourism, Conservation and Infonnation Department of legal Affairs Department of Highways and Public Works Yukon Housing Corporation Project Capital Loan Capital Total - 32 • S 81.000. $ 288.001 S 909.400. S 99.000. $ 129.000. $ 108.300 $ 155.000. $ 151.700. $ 894.000. ($ 348.000.) $2.961.400. $ 520.000. .Chp •. I2

'CHAPTER 13 . . ORDINANCES OF TUE YUKON TERRITORY 1976 (First Sesston) LOAN AGREmENT ORDINANCE (1976)' NO. 1 (Assented to Harch 18. 1976) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: 1. (1) 2. (1) 3.

(1) This Ordinance m.ay be cited as' the Loan..Agree.'f!e7tt Ordinance

(1976) I/o. 1. The Commissioner may on behalf of the Yukon Territory borrow from the Government of Canada a. sum not exceeding Five Mnlion, Two Hundred Seventy-Three l!:ousand dollars for loans to municipalities, to Central I-\ortgage and Housing Corporation second mortgages. for development of land and to finance community improvements outside municipal ities. The Commissioner is authorized to enter into and execute on behalf of the Government of the Territory an agreement with the Government of Canada providing for (

a) the repayment to the Government of Canada of the amount borrowed pursuant to

section 2. (

b) the payment to the Government of Canada of interest at such a rate as may be agreed upon by the Commissioner on the principal from time to time outstanding on the amount borrowed pursuant to

section 2 •• and (

c) such other terms and conditions as may be agreed upon by the Commissioner. - 31-

Short Title COClissionct' may borrow COCl:lissioner may execute agreement

4. (1) 5.

(1) The Commissioner is empowered to do every"act and exercise every power for the purpose of implementing every obl igatfon assum"ed by the Government of the Territory under thts agreement. This Ordinance shall com~ into force on the day of assent. ( Co1ninissipner mDY implement agreement Come into force

CHAPTER 14 ORDINANCES OF THE YUKON TERRITORY 1976 (First Sesston) LOAN AGREHIEln ORDINArlCE

(1975) NO. 2. (Assent to ~~rch 18, 1976) The Commissioner of the Yukon Territory. by and with the advice and consent of the Council of the said Territory. enacts as follows: . 1. (1) 2. (l) 3. (1) 4.

(1) This Ordinance may be cited as the Loan Agraement Ordi~~~e

(1975) No. 2.

Short Title CCCIII1issioncr may borrow The Commissioner may on behalf of the Yukon Territory borrow from the Government of Canada a sum not exceeding Five Hundred and Twenty Thousand Dollars for loans to municipal ities. to Central ~lortgage and Housing Corporation .second mortgages. for development of land and to finance c6~unity improvements outside municipalities. The Commissioner is authorized to enter into and execute on behalf of the Government of the Territory an agreement with the Government of Canada providing for (

a) the repayment to the Government of Canada of the amount borrowed pursuant to

section 2i Cb) the payment to the Government of Canada of interest at such a rate as ~ay be agreed upon by the, Comnissioner on the principal from· time • to time outstanding on the amount borrowed pursuant to

section 2i and (

c) such other terms and conditions as may be agreed upon by the Cor.~~i ss ioner. The Commissioner is empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Territory under this agfecment. _ 1C; _ Coaanlssioner may execute agreement Commissioner moy implement ~8reell\ent

(1) Loan A9reement

(1975) No. 2 This Ordinance shall ·come into force on the day of assent. - 36 - ClIp_ 14 Come into force

CItAPTER 15 OROINANCES OF TIlE YUKON TERRITORY 1976 (first Session) (Assented to r'~arch IB, 197G) The Cor..mi ss i oner of the Yukon Territory, by and \~ith the advice and consent of the Council of the said Territory, enacts as follows: 1.(1) 2. (i ) (2) 3. (1) 4. (1) ir. thi~ Ordinance "borrol'ling by-la,.,." rcear.s a by-la,·; rr.entioned in Secti!:''; 4; "Council" r.eans the Council of a r::unicipality; "municipality" means a to~m or city. This Ordinance shall be construed as one with the I-t.n:icir'CI.l CT'dir:c:;>:~e, but in case of conflict, the provisions of this Ordinance shall prevail.

The Commi ss i oner may on beha 1 f of the Terri tory, lend a sum not exceeding two million, six hundred and fifty thousand dollars in the whole to municipalities in t~e Yukon Territory to enable ther.1 ~o carry on programs of municipal \~orks and for that purpose, the Cor.r.1issioner may, on hehalf of the Territory, enter into agreements with the municipalities. Subject to this Ordinance. a Council may pass by-1a\~s for the borrowing of money for the purpose mentioned in

section 3 but no such by-law shall be valid unless. prio," to being finally passed by the Council. it .has been approved in acco"dance wi th the ~.~olicit-'al Ordinance •. - 37 - 5)~ort Title D::-fini t ions "\10 r I'l'I, i ng br' LiI," "(Olmc i 1" "municiral i ty" OrJ in:mce one \,'i th ~·~.m ic ipal Or,) i r..:ulce Comissioner r.'~'lr lend to munic ip:tlities By-laws

Form of by-l.CI2J 5.

(1) Hunj.cipal Ccneml PurPOCCD Loan Ordinance Chp. 15 A borrowing by-la~1 shall set out in detail: (

a) the amount proposed to be borrowed; (

b) the purpose for which the expenditure is to be made; (

c) the term of the loan; (

d) the rate of interest payable thereon; (

e) the method of repay~en:; and (

f) the amount of the existing debt of the municipality. if any. and ho\~ much, if any, of the principal or interest thereof is in arrears.

(2) Every by-la\v to hClrrO\'1 mo~ey S!lall, by it5 terr.s: Money to be 6.(1) used for purpose stated (

a) fi x the i!!f:O!Jnt of the loa n u ~d the ra te or I'a tes of interest payable thereon, ar.c the pl~ces and the times when the principal and interest shall be payable; (

b) provide that the loan and interest thereon shall be paid in la~/ful money of Canada; (

c) provi de for the 1 evy of an annua'l, tax or taxes sufficient to pay the principal and interest of the loan; ,and (

d) generally shall be in such form and contain such further provisions as may be required by the Convnissioner. tI~ money borrowed pursuant to a borro\~i ng by-law shall be used for cl purpose other than that stated in the by-law except that if on completion of the work for whi ch the money was borro\~ed. there rerna i ns an unex- pended balances. such balance may be used by a municipality. (

a) for the payment of any interest payable in respect of the loan; - 38 -

7. (1) (2) 8. (l) 9. (1) 10.(1) /ohmicipa~ C .. meral. Purpost!D Loan Ord.iMJlce (

b) for the repayment of the principal amount of the loan or any portion thereof; or Chp. lS (

c) for such other purposes and upon such terms and conditions as the Council. with the approval of the CO~:l1issioJ'er. CCCi~iS I.1j:'rropriate. A by-law may provide that the loan shall be repaid prior to th~ due date at the option of a rr,unicipality at such time or tir.:es as the rrunicipcllity !i-.ay find it possible to repay it.

Where the 103n or uny portion th21'c:of is re;>clic prior to the due d~te, th~ rep~y~eGt shall ~ot effect the validity of any by-l~w by \·/hich taxes hi!ve been irr.posed in respect thereof. the validity of such taxes or the power of the Council to continue to collect taxes in respect thereof.

Any loan agree~ent made pursuant to this Ordinance shall be valid and binding upon a municipality not\.,ithstanding any insufficiency in the form or substance of the agreement or the by-law if the by-law has been approved in accordance \.,ith the 1.1;,lIicipa~ 01'dir.ance. .If a municipality defaults in payment of the monies o'-li ng in respect of a loan made under a by-l aw passed pursuant to this Ordinance. the Council shall forthwith make a special levy against all property in the municipality to raise sufficient funds to pcly the arrears owing on the loan.

This OrdinanCe shall come into force on the day of assent. - 39 - Rt'payment prior to due date Red~ ... ption Atrecr.:ent binding Special levy ",here default in debentures Coming into force

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1976 SECOND SESSION J. SMITH COMMISSIONER PriDteel _d Publi.beel for tb. COYenlm.ot of the YU" T .... tory -.le. Aathorit, of Cb.pt.r e1 of tbe COD.olid.teel <MiIiDaDcee of .. sa. BY H. J. Tit YLOR. ~a·. Prtot ••

o R 0 I N A N C [ S of the Y U K 0 N T ERR I TOR Y Passed by the Yukon Council in the year 1976 5ECO~;D 5ESS 10;: Please note tne following ch~nges in the Sessional Oraina"c~s, and attach to your copy of Sessional Ordinances. Land Acquisition Fund Ordinance pg. : ~g. Change "("ssented te ~':aj" 27," :c ,',;,dd ";"ssented to 1·:':'/ 27, ,::76)". Last iter.1 should be prefixed by the numter " G •• , Public Service Co~ission Ordinance S. 2 (1) Ilg. J S. ( (3) pg. '" 5.177(1) pg.4L S . ;:06 (1 ) pg. 017 LW7(1) pg.4i.i S ,lU7 (

l) pg .'iG I.a rg i na 1 note "licputy Head" ~u be added adjacent to line 1. "subsectio" to read "subsection" ill 1 ine 10. Marginal note "Urder of Laying Off" tu be added adjacent to line 34. Subsecticn to read "'lie employee rr.ay within ten working days of the receipt of the decision of the Public Service Commissioner pursuant to

section 205, uppeal the decision to an adjudicator appointed pursuant to the i1Ql::c 5eJ';;:cti Scc.;·j' .=-reLutiQ~ls O)'d:'na.'i.ce. Subsection to read "Tile Commission may establish policies and procedures not inconsistent with this Ordinance for carrying out the purpose and provisions of this Ordinance," Insert marginal note "1'01 icies to be [stabl ished". An Ordinance to Amend the ~btor Vehicles Ordinance S. 1 (9) pg. :i~ Line'3 to read "accordance with the Regulations",

CHAPTER NO. 1 2 3 H.~.U.j;. 4 ORDINANCES OF THE YUKON TERRITORY 1976 TITLE Land Acquisition Fund Ordinance Public Service COIllll15510.n Ordinance Young Offenders Welfare Agreement Ordinance An Ora 1 nlnce to Amend the ~Iotor Veh1clea Ordinance An Ordinance to Af,land th@ Tuattol\ Ordfnance Taol@ ~t O~~,nanc~6 PAGE 2 54 SS S9 60

CHAPTER 1 ORDINANCE OF THE YUKON TERRITORY 1976 (Second Session) (Assented to ::cly The Commissioner of the Yukon Territory, by and with the advice and consent of the CounCll of the said Territory, enacts as follows: 1. (11 This Ordinance may be cHed as the Land .\Cqllt.~iti'~I: Fund Ol'ldilUlJlct. 2. (1) -A revolving fund of S250,000 is hereby established for the purpose of acquiring land pur~uant to this Ordinance. 3.

(1) The Commissioner may acquire land. 4.

(1) The expenses of acquiring or holding land acquired pursuant to this Ordinance may be paid from the revolving fund es­ tablished pursuant to

Section 2. 5.

(1) The Commissioner may make such regulations and prescribe such forms as he deems necessary for carrying out the purposes and provisions of this Ordinance.

(1) This Ordinance shall come into force on the day of assent. - 1 - ,-, -, ,

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1976 (Second Session) PUBLIC SERVICE COMMISSION ORDINANCE (Assented to May 27, 1976) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1.

(1) This Ordinance may be cited as the Pu.bUc. StJtvic~

PART I ·INTERPRETATION 2.

(1) In this Ordinance "adjudicator" means an adjudicator appointed pursuant to

section 80 of the Pu.blic SeJtvic.e Sta66 Relatio"~ OJtdinanc.ei ncasual employee" means a person enqa~ed on a casual or temporary basis and whose period of employment is not intended to exceed six consecutive and continuous months of employment;

Short Title

Definitions "adjudic:atar "casual employee" "Chairman" means the Chairman of the Classification "Chairman" Appeal Board established pursuant to this Ordinance; "Commission" means the Public Service Commission established pursuant to

section 4; "class" or "class of positions" means a group of positions involving duties and responsibilities so similar that the same or like qualificationsmay reasonably be required for and the same rate or rates of pay, pay range or pay grades can reasonably be applied to all positions in the ~roup; "class" or "class of positloDS" "department or branch" means a department or branch "departmeDt or b.ranch" in the Public Service and includes an A~ency, Commission, Board or Corporation of the Territory;

"employee" "established position" "establishment" ','lay-off" 'part-time employee" "position" "Public Service Commissioner" "Deputy Head" means a member of the Public Service responsible for the administration of a department or branch who occupies a po~ition allocated to a class listed in the Schedule; "employee" means a person appointed to a position in the Public Service; "established position" means a continuous full-time or part-time position approved by the Commissioner; "establ ishment" means the total of established positions; "lay-eff" means an employee who has been laid off pursuant to

Part XII of this Ordinance; "part-time employee" means a person appointed to a position which has been established as a part-time position pursuant to this Ordinance; "posaion" means an established position; "Public Service Commissioner" means the 'Officer appointed by the Commissioner pursuant to

section 6i 'Public Service" "Public Service" means the positb ns now existing or hereafter j"single position class" created in and under the departments or branches of the Ter­ ritory and includes posit1ons under any Agency. Commission. Board or COrporation of the Territory unless spec1fically excluded pursuant to

section 210 or any other Ordinancei "single position class" means a class containing only one position. - 3 -

PubUo SeMCe Co,;,m,88icm 07'diruznce ClIp. 2 ·unit N means a division of the Public Service designated by the Commissioner IS a uniti "Unit Headn or "Head of Unit" means the member· of the Pub1ic Service other than the Deputy Head resp~ns1ble for the unit.

(2) Any expression defined in the Public St~vict Sta65 Rclation~ O~dinanct and not defined in this Ordinance shall have the meaning given to it in the Public Se~vict Sta65 Reiaticn4 OJlditlallce.

PART 11 MANAGEMENT AND DIRECTION 3.

(1) The Commiss i oner has the management and direction of the Public Service.

PART 11 I PUBLIC SERVICE COMMISSION 4.

(1) There is hereby established within the Public Service of the Territory. a Public Service Commission. 5.

(1) The Public Service Commission shall consist of a Public Service Commissione~ "Unit" "Unit Head" 0'1 "Head of Unit', Powel' 0 f Commissit'ner Commission 6.

(1) The Public Service Commissioner shall be ilopointed Publtc Sl'rvl,1! by the Commissioner to hold office fn!" a:' i"i:'c.l \ ·."'lssiC'Ont""r period not exceedinq ten years from the ~ate of the appointment and shall be eligible for redppointment.

(2) The Commissioner may. by order. remove the Public Service Commissioner from office orior to the end of the period of his appointment only for RI,.»r'",\· ... I f,) r Cnll S('

Inquiry Adinin- 7. tatration of Ordinance couse and only after (

a) the circumstances respecting the cause are first enquired into, and (

b) the Public Service Commissioner is given a reasonable notice of the time and place for the inquiry and is afforded an opportunity, by himself or his counsel, of being heard and of cross-examining the witnesses and of producing evidence on his own behalf.

(3) For the purpose of making an inquiry under subsectio (2), the Commissioner shall appoint a superior court judge who shall make the inquiry Lnd a report thereon and who has the power to summon and enforce the attendance of any person to give evidence under oath and to produce such documents as the judge may require.

(4) The Commissioner may suspend the Public Service Commissioner pending the result of an inquiry under this section.

(5) The Commissioner shall cause the order and the report referred to in this

section to be laid before the Council within fifteen days after the order has been made or if the Council is not then sitting,on any of the first fifteen days next thereafter that the Council is sitting.

(1) The Public Service Commissioner shall, subject to the general direction of the Commissioner, be responsible for the administration of this Ordinance, the regulations and any policies established pursuant thereto. - 5 -

8. (1) 9.

(1) The officers and employees of the Commission shall be appointed pursuant to the provisions of this Ordinance. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION The Commission has the power Ca) to develop, maintain, administer and supervise a competent and efficient Public Service; (b). to appoint or provide for the appointment of qualified persons to or from within the Public Service in accordance with the provisions and principles of this Ordinance. (

c) to test and certify the qualifications of candidates for admission to or promotion in the Public Service; (

d) to take any necessary action to ensure compliance with this Ordinance or the regulations; (

e) to report to the Commissioner from time to time respecting the operation of this Ordinance or the regulations; ff) to investigate and make reports as required respecting any contravention of this Ordinance or the regulations; (

g) after consultation with a Deputy Head, to investigate.and report on any matter respecting the employees of the department or branch of the Deputy Head. Ch). to .report as required upon the organization of the Public Service or any part thereof; Ci) to establfsh .~.nd maintain a position classification and job evaluation system in the rublic Service. - u - Staff Powers

(

j) to make recommendations to Deputy Heads respecting the discipline of persons employed ( k) (1) ( r.

l) in their departments; to sponsor. encourage. admtnister or participate in programs of employee tra 1o1og and safety; to administer a program of security; to negotiate. on behalf of the Territory.wfth any authorized bargaining agent pursuant to any Ordinance of the Territory; (

n) to administer and interpret any collective agreement entered tnto between the Commissioner and an authorized bargaining agent pursuant to any ordinance of the Territory; (0) to obtain the assistance of such persons as is considered necessary to enable the Commission to carry out its duties; and (

p) to perform such other duties as may be assigned to it by the Commissioner.

(2) For the purpose of an investigation helo pursuant to the provisions of this Ordinance or the regulations. the Commission has. in respect of the investigation. the protection. priv1leqes and powers of a Board under the Public Tnqui~I~4 O~din4nce.

(3) The Public Service Commissioner and any authorized officer of the Commission is entitled to access to offices. facilities and installations and to the records and files relating to personnel matters, of every department, tranch or division of the Public Service ar.d may examine, take extracts from or make copies thereof which are required for the purpose of enabling the Public Service Commission to carry out its duties pursuant to thts Ordinance.

Pub1.io SeMOe Cotmrieeion DrrdinaMe Chp. 2. DELEGATION OF AUTHORITY Duties 10.

(1) The Public Service Commissioner may delegate any of Public Service of his powers. duties or functions to an officer Comm.iS8ioner .of the Commission.

(2) The Public Service Commissioner may. with respect to employees of any department. branch or division. delegate any of his powers, duties or functions to the Deputy Head of that department or branch o~ to a Unlt Head or officer of that department. branch or division.

(3) Any delegation made pursuant to this

section may be made subject to any condition and may be amended, replaced or revoked.

PART IV APPOINTMENT AND POWERS OF DEPUTY HEADS Appoint- 11.

(1) Subject to

section 15. the Commissioner has the ment of Deputy exclusive right and authority to select Deputy Head Heads. 12 .. " ~ Deputy Head shall, upon an initial apPointment, hold office during pleasure for a term not to exceed five years from the date of his appointment. Deputy 13.

(1) A Deputy Head may be reappointed without a hreak Head may be re- in service to hold office at pleasure for such appointed Deputy Head 5 14 • (1 ) periods as the Commissioner may determine. Persons occupying positions allocate1 tJ the single position classes listej ;n th~

Schedule shall, for the purpose of this nrdin3'1C'e. hf' Deputy Heads. - J -

PubUc SeMCB Co_seWn 01'di1llZflCe .,'hp. 2 15.

(1) A Deputy Head shall be selected from a list of Recruitment and one or more candidates certified by the Commission Certification of Deputy as being qualified for an appointment to I vacant Head position allocated to one of the classes listed in the Schedule. 16.

(1) It is the responsibility of the Deputy Head to Deputy Read as Supervisor supervise and direct the employees of his department of department or branch. 17 .

(1) The Deputy Head has the general supervision of Authority of Deputy Head the business of his department and such other powers and duties as may be assigned to him by the Commissioner, the Public Service Commissioner or by this or any other Ordinance. 18.

(1) Except as otherwise provided by the Commissioner, in the absence of a Deputy Head, a Unit Head or any other employee designated by the Deputy Head has the powers and shall perform the duties of the Deputy Head. 19.

(1) The Deputy Head may, subject to this Ordinance, delegate any of his powers and duties to a Unit Head or other officer of his department or branch.

PART V CLASSIFICATION OF POSITIONS 20.

(1) The Commission shall establish and maintain in force a Classification Plan for all positions in the Public Service. 21.

(1) The Classification Plan shall consist of classes and the Commission shall define each class by reference to the duties. responsibi1it1es and qualifications of the pOSitions allocated to the - 9 - Absence of Deputy Head Deputy Head power to delegate Establishment of Classifi­ cation Plan Content of Plan

ClIp. 2 class and shall gfve each class an appropriate title. Basis of 22.

(1) Each class shall embrace all positions which have Plan similar duties and responsibilities with the object that. under the Plan. the same or like qualifications may reasonably be required for and the same remuneration applied to all posftfons in the class. Power to 23.

(1) The Public Service Commissioner may create. divide. establish classes combfne. alter or abolish any class. Allocation24.

(1) The Commission may allocate positions to classes of Positions and where. in the opinion of the Commission. a change in the duties of a position takes place. the Commissfon shall evaluate the position and may reclassify ft. Power to 25.

(1) The Commission may, from time to time. review the conduct Reviews positions of any establishment or any class or any positions within a class series and, as a result of that review, allocate any position revfewed to any class. Statement 26.

(1) Where, in respect of any class. there is a statement of Duties not to affect Statutory Duties etc. of the duties pertainin~ to a positfon fniluded fn that class. the statement does not affect (

a) the powers or duties of an employee under any ord i nance i or (

b) the authority of a Deputy Head to control and direct the work 6~~n employee. Use of Class Titles 27.

(1) The class titles set forth in the r.lassiffcation Plan shall be used to refer to classification of positions in all records and communications of or directed to the Commission and the Territorial Treasurer.

(2) Notwithstanding subsection (1), titles other than the class titles may be used for departmental purposes or for recruiting or negotiatfng appointments wfth candidates for positions. - 10 -

Public Sel'Vice CorrmiSS1.on Ordil'lQ11Ce ,,'hp. 2 28.

(1) No class title already used in the Classification Plan in respect of a class of positions shall be used in respect of any other class of positions. 29. (1") Class standards and specifications shall be determined solely by the Commission. 30.

(1) In determining class standards and specifications. the Commission shall have reQard to the nature of the duties and responsibilities of the positions within a class. 31.

(1) Class standards and specifications shall not be altered for the purpose of adjusting the rates of compensation payable in respect of a class. 32.

(1) The standards of qualifications for a class shall ~e minimum requirements for any person appointed to a position within that class. 33.

(1) The Deputy Head shall define the duties and responsibilities to be assigned to. each position under his direction. 34.

(1) The Deputy Head shall supply to the Commission a statement of the duties and responsibilities of each position on his establishment and each proposed new position for his establishment. together with such other information as the Commission may require in order to classify each such position. RIGHT TO CLASSIFICATION REVIEW 35.

(1) Every employee has the right to request the Commission to review the classification of his position. 36.

(1) A Deputy Head ha s the ri ght to request the Commission to review the classification of any position within his establishment. - 11 - Cl.:1SS stand.1rds 3nd Spec1fic.:1tions Deputy Head defines Duties Statement fol' Commission R1sht to Review

Publio SeMJ'ice Co"",;,sBion OJ'diJlla1lce ,,'hp. 2 Deputy 37.

(1) The Commission shall. on recefpt of. a request· Head Notified pursuant to sections 35 or 36~ review the Limit­ ation classification of the position and shall notffy the Deputy Head of the result of the review. 38.·

(1) Notw1thstandin~ sections 35 and 36. where a classification review has been conducted. a Deputy Head or an employee shall not request a further classification review within six months from the date of the decision, Nottfi- 39.

(1) The Commission shall notify the Deputy Head of cat.ion its classification decision pursuant to sections 24. 25 or 37 and the Deputy Head shall \lithin ten working days notify any employee occupyir,g sLoch ~osition of the classification decision, :JGHT TO CLASSIFICATIOII APPEAL Classifi-40.

(1) There shall be a Classification App.eal Board cation Appeal cons1st1n~ of such person to ~e known as the Board Chairman to be appointed from time to time as required by the Public Service Commissioner who shall not be an officer'or employee of the Commission. Remuner- 41.

(1) The Commissioner shall fix tlon and Expenses (

a) the remuneration to be paid to the Chairman Appeal of the Classification Appeal Boardi and fb) travelling and living expenses in connection with his duties when absent from his ordinary place of residence. 4 Z.

(1) An appeal 1 ies to the Classification Appeal Board against a ·classification decision of the Commission made pursuant to sections 24. 25 or 37 by the employee occupying the position or by a Deputy Head with respect to any positfon on hfs establishment. Reatrict-4l. (1) "otw1thstanding

section 42. no appeal lies to the ion - 12 -

Pubtio Semce CorrmissUm Ordi1la1lce ... 'hp. 2 Classification Appeal Board in respect of a position occupied by a Deputy Head. 44.

(1) An appeal pursuant to

section 42 shall be on notice to the Public Service Commissioner addressed to the Chairman of the Classification Appeal Board, and the notice of appeal shall set forth the grounds of the appeal and shall Notice of Appeal be accompanied by such supporting documents as may be required to enable the appeal to be determined. 45,

(1) In addition to the materials required pursuant to

section 44, the appellant shall name the class to which, in his opinion, the position should be allocated. 46.

(1) A notice of appeal pursuant to sec.tion 44 shall be delivered to the Public Service Commissioner not later than fifteen working days after the receipt of the classification decision by the Deputy Head pursuant to

section 39. 47.

(1) Notwithstanding

section 46, the time for appeal may be extended by the Public Service Commissioner where he is satisfied that the employee was not made aware of the decision by the Deputy Head. 48.

(1) The Public Service Commissioner shall forward the notice of appeal and al.l material supplied therewith to the Chairman of the Classification Appeal Board. 49.

(1) The Public Service Commissioner may also forward to the Chairman of the Classification Appeal Board any material which the Public Service Commissioner considers may be of assistance to the Classification Appeal Board in determining the matter. 50.

(1) The Classification Appeal Board shall consider the - 13 - ClaS8 to be Named Time for Appeal Extension of Time Notice to Chairman Appeal Procedure

PuJiZ,i" SePVics Conrrri.Beion OrdiMMIJ Chp. 2 appeal and shall have the right <a> to call for any materia' it may require from either the appellant or the Public Service Commissioner, and (

b) to interview either of the parties or any officer having knowledge pf the duties of the position which is the subject of the appeal. Informal 51.

(1) The Classif1cation Appeal Board is an administrative Procedure tribunal and shall determine ftsown procedure and shall not be required, 1n carrying out its duties, to comply with the formalities customarily required by a court except that the Board shall be impartial and fair in arriving at its decision. Decision 52.

(1) The decision of the Classification Appeal Board is Binding binding upon the Commissioner, the Commission, the Deputy Head and the employee. No 53.

(1) Except as provided in this Ordinance, every order, Further Appeal award, direction, decision, declaration or ruling of the Classification Appeal Board 1s final and shall not be questioned or reviewed in any court.

(2) No order shall be made or process entered and no proceedings shall be taken in any court, whether by way of injunction, certiorari, prohibition, que wa~~anto or otherwise, to question, review, prohibit or restrain the Classification Appeal Board in any of its proceedings. No 54.

(1) Notwithstanding any provision of the Publ..ic. Suu.ic.~ Adjudicat"1on Sta66 Relationb O~dinanee, the decision of the Classification Appeal Board shall not be the subject of a grievance referrable to adjudication. Determi- 55.

(1) The Classification Appeal Board shall, upon n3tion concluding its proceedings, either dism1ssthe appeal or allow the appeal. - 14 -

Chp. .; 56.

(1) The Classification Appeal Board shall have no jurisdiction to allocate the position concerned to any class other than the class which is named in the notice of appeal by the appellant pursuant to

section 45. 57.

(1) The Classification Appeal Board shall not have authority (

a) to amend the class specification for any class; (

b) to recommend the regrading of an existing class; (

c) to create a new class; (

d) to alter a class; or (

e) to delete a class. Jurisdiction Restriction 58.

(1) The Classification Appeal Board shall not conduct Limitation an appeal in respect of substantially the same matter until six months has elapsed from the date of the earlier hearing. 59.

(1) Where an appeal to the Classification Appeal Board is in respect of a position which is occupied by an employee who is a member of a bargaining unit. the bargaining agent shall have the right to recommend in writing one or more persons available and willin~ to act to be an adviser to the Chairman.

(2) On receipt of the recommendation. the Public Service Com- missioner shall appoint an adviser from amonQst the persons recommended.

(3) If no person is available and willing to act. the recommendation shall be deemed to be cancelled. 60.

(1) Where the barga i ni n9 agen.t exercises its right pursuant to

section 59. the Public Service Commissioner may appoint another adviser to the Chairman who is available and willing to act. - 15 - Bargaining Agent's Adviser • Commission's Adviser

PIIb~i.o Ssl"Vice Cormnssion Ol'diM7lOs Chp. 2 COD8ult- 61.

(1) Prior to rendering any decision. the Chairman atlon shall consult with each of the advisers.

(2) Where the Chairman decides to hold a hearing. the advisers have the right to be present during the ,hearing.

(3) Where documents are examined by the Board. each of the advisers has the right to peruse the documents or copies of the documents supplied by the Chairman. No 62.

(1) The advisers shall not have the right to make a Minority Report minority report or render any independ.nt decision. - 16 -

Public Sel'VicB Co_ssWn Ol'di,1IQ1ICe •. :hp. 2 63.

(1) Where the Chairman decides to hold a hearing of the Board. the hearing shall be scheduled at the discretion of the Public Service. Commissioner having regard to the convenience of the parties and the number of appeals in order that sittings of the Board may conveniently dispose. where appropriate. of more than one appeal at a sitting. Sittlngs to be Scheduled 64.

(1) Where an appeal to the Board resu1 ts in a decision Successful Appe31 favourable to an employe~ and the employee has continued to occupy the same position which was the subject of the appeal. any remuneration payable to him shall. so far as may be, be paid retroactively from the date of the classification decision whicn is notifiec to the Deputy Head pursuant to

Section 39.

(2) Notwithstanding subsection (1), an employee who has died. retired or has been laid off is entitled to ret roact i ve pay unt i 1 he ceased to occupy his position as if he had continued to occupy the position at the time the decision is ~ade. 65.

(1) The provi si ons of sec ti ons 5 ca or fi!) sha 11 not apply to an appeal of a classification decision with respect to a position a110cated to a class excluded from a collective agreement.

PART VI PAY AND ALLOWANCES 66.

(1) The Public Service Commissioner shall keep under 67. ( 1 ) continuous review the rates of pay assigned to classes of employment in the Public Service. The Public Service Commissioner shall. in respect of any classes of employment included or proposed to be 1 ncl uded in a collective agreement (

a) establish the rates of pay for the classes; (

b) establish the rates of pay for revi sed or - 17 - Confidential and Management Appeals Consideration Determining Rates of Pay Determinlltion

amended classeSi Cc) regrade eXisting classesi Cd) alter the pay range or hourly rates of pay assigned to existing classes. Consider-68.

(1) Prior to malctng any changes tn the rates of pay ations to Apply for classes of employment mentioned in sectton 67. the Public Servtce Commissioner shall constder (

a) the requirements of the Public Service; (

b) the rates of pay and the terms and conditions of employment prevailing in Canada for similar occupations of employment; (

c) the relationship between existing classes of employment within the Public Service. and (

d) any other factors which the Public Service Commissioner considers relevant. Public 69.

(1) The Commissioner shall. after consultation with the Service Commissioner to Authorize p.st e s Public Service Commissioner. establish the rates of pay for any existing. revised. amended or new classes of employment excluded from a collective agreement. Rates of 70.

(1) The Commissioner shall. after consultation with the Pay Public Service Commissioner. fix the salary and remuneration of any class of employment listed in the

Schedule or of any person excluded from the provisions of this Ordinance pursuant to

section 210. Off le 131 7 1.

(1) The rates of pay for classes shall consist of a Pay Plan single rate. a minimum rate. a maximum rate or one or more intermediate rates or such other rates of pay as the Public Service Commissioner may in any speCial case consider appropriate. 72. (

i) The Public Service Commissioner shall establish one or more official pay plans containing the Day ranges for classes of employment and the rates of pay on - i,", -

Chp. ~ an annual, monthly, b1-wee~ly or hourly basis, or in such other manner as he may deem appropriate. 73.

(1) Where an employee is requi red to perform for a temporary period the duties of a higher position than the one held by him, the Public Service Commissioner may, in accordance with the regulations, authorize the payment to him of acting pay during such period and the employee has the power and the authority of the higher position during the period he is acting. 74.

(1) The rate of pay of a person appointed to a position in the Public Service shall be the minimum rate for the class to which the position is allocated. 75.

(1) Notwithstanding

section 7 4• the Publ ic Service Commissioner may make an appointment to a position in a class at a rate of pay higher than the minimum rate for that class but the rate of pay so fixed shall not exceed the maximum for the class to 7 6. (1) which the position is allocated. The Public Service Commissioner shall authorize the rate of pay to be paid to 8 person appointed to a position of Deputy Head. Acting Pay Rate of Pay on Appoint­ ment Appointment at Higher than KinlmulD Rate Rate of Pay on Appoint­ ment of Deputy Head 77.

(1) An employee 15 entitled to be paid for h1s services Paid for the remuneration applicable to his position. 78.

(1) Except where otherwise authorized in writing by the Commission, every person appointed to or - 19 - Services Rendered Oath of Allegiance ane Oath of OfUc~

employed in a position shall take the oath of allegiance and the oath of office 1n the prescribed form.

PART VII ORGANIZATION AND ESTABLISHMENT Material 79.

(1) Every Deputy Head sha 11. on the request of the to be Sup~lied Commission provide (

a) a copy of the current organization chart of his department or branch; (

b) a list of the number of full-time and part-ti~e permanent positions on his estab 1 ishmen t; (

c) the hours of work for each part-time permanent position; and (

d) any additional information respecting the employees in his department or branch which the Commission may require. Organi- 80.

(1) The Commission may conduct organization studies zation Studies within the Public Service and make recommendations to Deputy Heads or the Commissioner respecting the organfzation of employees in each department. branch or divfsion of the Public Servfce. Procedure8l.

(1) Every Deputy Head shall. prfor to implementfng on Re- organization any reorganf~ation of positions within hfs department. notify the Commissfon.

(2) After the reorganization has been implemented by the Deputy Head. the Commission shall classify and evaluate each pos1tfon affected by the reorganization. - 20 -

Chp. :l 82.

(1) The Commfssfon shall mafntafn a record of the establishment of each department, branch or division of the Public Service. 83.

(1) The establfshment of any department, branch or division of the Public Service shall not, except with the approval of the Commissioner, exceed Record Number of Positions the number of positions approved by the Commissioner in respect of such department, branch or division. 84.

(1) The Public Service Commhsioner, with the approval Abolish of the Deputy Head, may abolish an existing position on the establishment of a department, branch or division. Positions 85.

(1) Except as provided in subsection (~), any position Term~ of Posit ior. which Is approved by the Commissioner continues for an indeterminate period.

(2) Any position which is approved for a specific period of time shall terminate at the end of that period and any employee occupylng that position shall cease ·-to be, an employee at that time. 86.

(1) Subject to this Ordinance, an employee appointed to a position, other than the Public Service Tenure of Indeterminate Appointments Commissioner, a Deputy Head or an employee appOinted to a position for a specific period of time pursuant to

section 85(2), is appointed for an indeterminate period. 87.

(1) A casual employee is not appointed to or employed Casual not Appointed tC' in a pOSition. Position - 21 -

ClIp. 2 88.

(1) A casual employee is not·employed for an Casual does \lot Si!rve 3 indetermfnate pertod nor does a casual employee ~~obacl~nary Pel'iol! serve a probationary pertod. 89.

(1) A casual employee is entitled to the terms and condit;ons of employment established ·pursuant to the regulations and pursuant to policy directives issued from time to ·fme by th~ Commission. C4sual Tel'~s and CondltiClns uf E1IIployment 90.

(1) Every Oeputy liead shall forward to the Public· AJdich'n Clr Do!letlon of Service Commissioner a report respectin9 any Positions new position he proposes to include in his est~blis~~ent or any position which he proposes to delete from his establishment. 91. ,1; rn t~e re.port referred to in

section 9C, the Deputy Head shall include (a) .an explanation of the reason for the addition or deletion; (

b) a position description of each proposed additional pOSition outlining its duties and. responsibilities; and (~) the etfective date prop~sed for the addition or deletion of the position. 92. (1; TheCommiss10n shall make reports to the Territorial Treasurer, the Commissioner and such other persons as may be appropriate concerninq the proposals of Deputy Heads respecting new positions. 93.

(1) Upon aDproval by the Commi ssi oner of the new positions. the Commission shall (a' make an official classification decision in respect of each new position; and Report Report co Treasurer PrC"cedure (Clr ~E'''' PClsit trons (

b) amend the classification plan or the ~fficial pay plan as may be required. - 22 -

Chp. 2 Alter.ltior94.

(1) The Commi ssioner may di rect any Deputy Head of Request to alter any reQuest for a new position pursuant to

section 90. Part-time 95.

(1) The Public Service Commissioner may authorize Hours of Work Ext ended the extension of the hours of a part-time position at the request of a Deputy Head.

PART VIII APPOINTMENTS Exclusive 96.

(1) The Commission has the exclusive right and Right to Appoint authority to appoint persons to Dosit10ns 1n the Public Service and to recruit, certify and document all employees appointed to a position on the establishment of a department, branch or division of the Public Service. Appoint- 97. (1) where it is possible to do so and it is in ments the best interest of the Public Serv1ce. appoint­ ments shall be made from within the Public Serv1ce. Canadian 98.

(1) Where it is practicable and in the best 1nterest Citizens or Landed Immigrants of the Public Service, appointments shall be made to positions in the Public Service from amongst persons who are Canadian citizens or landed immigrants. Qual1fi- 99.

(1) The Public Service Commissioner may, in respect cations of any position or class, prescribe qualifications which are necessary or desirable having regard to the nature of the duties to be performed but in doing so. he shall not d1scrim1nate against any person by reason of race. relig1on. religious creed. colour. ancestry. sex, marital status or ethnic or nat10nal or1gin. - 23 -

(1) All app~tntlDents to posittons in the Pub'lic ' Service shall be made on merit. 101.

(1) The Commission has the authority ~o engage persons t~ perform work of a casual or temporary nature and to establish their terms and conditions of employment.

(2) Any engagement pursuant ~o subsection (1) shall. where practicable. be made on merit. Merit to Govern Casual Employees Tests and 102 .•

(1) The Commission may conduct examinations. tests. reference checks or interviews and review work . _ Examinations records, performance ratings or recommendations to assist it in determining an applicant's suitability for employment or promotion in the Public Service. 103.

(1) The Commission may, by such investigation as it deems necessary, satisfy itself that a candidate for a position in the Public Service is reliable and fit to perform the duties and to undertake the responsibilities of the position for which he has applied. 104.

(1) Any person who, in the C01Jrse of any test, examination or interview for a position in the Public Service, know~n91y makes use of any false document or gives any false information, may be dismissed by the Commission and his appointment cancelled. Relhblltty and Fitness of Candidate Fraud or Falsification 105. (!~ The Commission shall establish and maintain em~loy- Ltsts ment lists, promotion lists and re-emoloyment 11sts setting out for the various classes of oositions for whic~ such lists should be established and maintained, thi names of candidates certified for those pOSitions and each such 11st is valid for such Deriod as the Commission deems a~pro~riate.

ClIp. 2 V:lcancy ·106. (

i) l>1here :; n':\.O: 01" vacant positior. is required to be Notice filled, t~e Oeputy Head shall prepare and submit the ~ppr~pria:e vac~n:y notice forms to the Corr.lilission. Advert- 107.

(1) The Commission shall oversee and direct the isement preparation and publication of all advertisements and notices issued for the pu~pose of informing prospective applicants of vacant positions in the Public Service. c· Type of 108.

(1) The Deputy Head shall recommend to the Corr.mission CompetitiOn whether an appointment to a vacant position on the establishment of his department or branch should be made (

a) by exemption from competition; (

b) by a competition restricted to applicants from. within the department, branch or division; (

c) by competition restricted to applicants from within the Public Service. or (

d) by open competition. Reasons 109.

(1) Where a Deputy Head makes a recommendation pursuant to be Given to paragraph 108(a), he shall suomit with the recommendation a report in writing stating (

a) the reasons why he considers the appointment should be exempt from competition. and (

b) the name, particulars and qualifications of the person he recommends for appointment.

(2) Where the Commission is satisfied that the person recommended pursuant to subsection (1) is qualified for the position, the Commission may exempt the apPOintment from competition. B.estricted1l0. (l)On receipt of a recommendation of a Deputy Head Competition pursuant to paragraph 108(

b) or (c), the Commission may. after considering the requ~st. authorize that - 25 -

Public SfJMCO Co1':7r.iesion Ordi1l47lC8 Chp. 2 the appointment be made ~y compet1tfon from (

a) withfn the department. branch or dfvision; (

b) wfthfn such department. branch or division together wfth other departments. branches or dfvisfons. or (

c) within the Public Service. 111.

(1) Where (

a) a suitable person is available for appointment from a current list of eligible certified applicants for employment" in the class of positio~s in which the vacant position is included. or Cb) it is in the best interest of the Public Serv~ce and the Commission is satisfied that a suitable qualified person is Jvailable. the Commission may exempt an appointment from competition. 112.

(1) Where it is not fn the best interest of the Public Service that an exempt+on from appointment by competition be made or that a restricted competition should be held, the Commission shall recruit by open competition. 113.

(1) Where a competition is to be held. the Commissfon shall constitute a Board for the purpose pursuant to the regulations. 114.

(1) The Commission shall. in .respect of all applicants for appointments to the Pub1fc Service. certify Exemption fro\!l Competition Open Competition Competition Board Certific4-:­ tion of Candidate whether the candidate ~s qualified for the appointment. 115.

(1) The Oeputy Head shall, after considering the iecommendationsof the Board constit~ted pursuant - 26 - Selection of Cert ifled Cand idate

ClIp. 2 to

section 113. select for appointment the s~~~essfu1 candidate from amongst those candidates certified by the Commission. PROBATION ProbatiC'ln-116.

(1) Every person apPointed to a position in the Public ary Period Service or promoted to a position in the Public Service shall serve a probationary period of six months, calculated from the date of his appointment to the position. Extended 117.

(1) A Deputy Head or Unit Head may extend the probationary Probation- ary Period period of an employee for a further period not exceeding six months. Rejection 118.

(1) A Deputy Head or Unit Head may at any time during on Probation the probationary period or at any time during the extended probationary period of an employee, reject that employee for cause by written notice to the employee. Effect of 119.

(1) An employee who has been rejected under

section 118 Rejection ceases to be an employee on the termination date mentioned in the notice. Rejection 120.

(1) An employee with not less than five years continuous where Employee service in the PUblic Service of the Territory who held a previous is appointed to a different pOSition on probation and Position is later rejected during or at the end of his probationary period is. at the discretion of the Commission, entitled for a period of one year from the date of his rejection to be reappointed to a position at the same class level as the position he occupied prior to the probationary appointment. Notifica- 121. (l)A Deputy Head shall, prior to the expiry of an tion to Commission employee's probationary perfod.notify the Commission - n -

Release for III Health (

a) whether fn hfs opfnfon the employee fs suitable fur contfnued employment in the posftfon to which he was appointed or promotedi (

b) whether the employee's probationary period has been extended and the length of the extensioni or (

c) whether the employee has been rejected or, in the opinion of the Deputy Head, will be rejected during his prohationary period. 122.

(1) Casual or temporary service shall not be considered as oart of a probationary period in respect of an appoint~ent to a perManent position in the Public Service. 123.

(1) No person under the aQe of sixteen years or over the age of sixty-five years is eligible for Pre\'i,"Ius Casu;ll Service ~li~inU!:l and ~I.:ix i:'lu::: Ail" appointment to a permanent position in the Public Service. RET I RP1ENT 124.

(1) An employee shall be retired from the Public CC'!:Ipulsory Retlre!:1cnt Servi.ce of the Territory on reaching the compulsory Age retirement age pursuant to the provisions of the 125.

(1) Notwithstanding

section 124, an employee's service Exception C'n Comnissioncr's may, with the approval of the Commissioner ~pon the Approval recommendation of the Public Service Commi~s;oner, be extended for a further period not exceeding five years beyond the age mentioned in

section 124. 126.

(1) The Commission may, pursuant to the regulations. release an employee for ill hp.alth by giving the employee notice in writing. . of. a notice mentioned in

section 126, Effective 127.

(1) Upon recelpt Date the employee will cease to be an employee in the Public Service effective on the date contained in the notice. - ~U -

ClIp. 2 ~~=sld~r- lZf. :1) An employee released D~rsuant to

section 126 who . .ItfC'~ oC ~~-,opl~,- ~~~,its sJtisfactcry evidence to the Cornmissio~ ce,lt !hs!t:­ nat1~n ~~ P's ~ltnes~ ~or re-em~loyme~t ~~y, f,r a ~eriod c' one y~ar aTte~ the sub~fssion of t~e evtdencp, ~e ~iven ereference over other !rolfcants to s \ac!~t position in the rub1ic Service for w~ic~ ~e is qualt~ied "ext aft~r 3 1ay-~f'. 129.

(1) Every e~ployee shall aive no~ :ess tha~ ter. workinq cays rotice in ~riti~; ,r ~is ~r~e~tiJ~ t~ resign from the ~ub1ic 5ervice. (2} T~e notice ll'entiored in su!::secticl'l ~l~ s"a~l ~e 9'ven to !he Deputy ~ead or the ~e!d ~& ~he in which the employee is e~ployej. ",. : . . , .

(3) The notice of resi9na~;o ... s~a1l s~ec;'Y :~e ~ast day upon whic~ the employee will· p.rfo~m his duties and this shall be called the"effective day". Accept- 130.

(1) A resignation takes effect on the effective day ance and Withdrawal and may not be withdrawn except as provided in Oral ResiR­ nation subsectfon (2).

(2) A resignation may, with the written consent of the Deputy Head and the approval of the Commission, be withdrawn at any time prior to the effectfve day. 131. (1)Notwfthstanding sections 129 and 130, where an employee orally notifies the Deputy Head or the Head of the Unit in which the employee is employed of his resignation or hfs intention to resign, the resignation shall be effective upon written accept­ ance of the oral resignation by the Deputy Head or the Unit Head.

(2) An employee may a~peal the written acceptance of his oral resignation by the Deputy Head or Unit Head to the Public Service Commissioner within ten working days of the receipt of the acceptance. - 29 -

(3) The dectston of the Publ1c Service COllllltssioner shall be final and btnding and shall not be subject to the· adjudtcat10n. 132.

(1) Upon termtnation. resignation or retirement, every employee having possession. custody or control of any books, records, documents, accounts. vouchers. reports, equip~ent or any other thing belonging to or relating to hts ·office or postt1on and not being private pro~erty shall, as part of the duties of his position or office, give up possession of and deliver the same to his successor in office or to • person appointed by the Deputy Head to demand and receive the same. prior to hts last worktn~ day. "uAI~ DONt~ENT 133.

(1) An employee who is absent from duty without authorization for a perfod of five consecutive working days may by a notice in writin~ be declared by the Deputy Head to have abandoned his position and thereupon the position becomes vacant and the employee ceases to be an employee.

(2) An employee who has been declared to have abandoned his position may appeal the declaration to the Public Service r.ommissioner within ten working days of the service of the notice mentioned in subsection (1) upon him. Custody of Recol'da·etc. OD 'tel'lIiaa t toa . Abandonment of Position

(3) The decision of the Public Service Commissioner shall be final and binding and shall not be subject to adjudication.

PART IX TRANSFER 134.

(1) An employee may request a transfer from one pOSition to another in the same class or to an alternative work location by placinq his request in writing to the Commission. - 30 - Employee Request for Tr3nsfer

ClIp. 2 c~"~- i3S.·· \ Where t~e C~m~issiQn receives a written request. ;~ lsslon tl.' Revi",\~ pu":;uant to

section 134, the Commission shall,.,,; Transft:r Request place the employee's name on a t,.ansfe,. 115t, deny the transfer, confirm the transfer or take other appropriate act10n. Trans£er136. \ 1) Where operat; onal requi rements SO necessitate, a Deputy Head may, at any time, transfer an employee by wrf tten transfer n"'licE (

a) from one position to another position in the same class within his department or branch; or (

b) from one work location to another work location within his department or branch, and transmit a copy of the notice to the Public Seri;ce Commissioner.

(2) A transfer notice shall specify the effecthe cate ':.of the transfer.

(3) Where cOfi~11ance with the transfer notice ~ill require the employee to move his place of residence from one co~ni~ to another he may appeal the transfer nottce by notice in writing to the Deputy Head within 15 working days of his receipt of the transfer notice.

(4) An employee who does not appeal a transfer notice within the time mentioned in subsection (3) shall be deemed to have consented to the transfer and shall comply with the transfer notice.

(5) A Deputy Head upon receipt of an appeal pursuant to subsection (3) shall reconsider the matter and give the employee an opportunity to make representations to him concerning the matter.

(6) A Deputy Head after reconsfdering the matter shall conff~, revoke or vary the transfer notice and shall notify the employee of his decision together wfth the reasons therefore - 31 -

~p. 2

(7) An employee may. \·;ithin 10 working days of the receipt of the dectsion of the Deputy Head pursuant to subsection (6). appeal the deciston to an adjudicator appointed pursuant to the the Deputy Head in writing of the appeal.

(8) An enlployee who does not appeal a decision of the Deputy Head within the time mentioned in subsection (7). sl1illl be deemed to have consented to the decision and shall comply with the decision. (9). An appeal to an adjudicator pursuant to subsection (7) shall operate as a stay of the transfer notice unless otherw1se decided by the adjudicator. 137.

(1) The Public Service Commissioner may with the consent of the employee transfer an employee from one work locaticn to another work location or from one position to another position in the same class with the approval of the Deputy Head of. the department or branch to which the transfer is made.

PART X SUSPENSION AND DISMISSAL 138.

(1) A Deputy Head may suspend or dismiss an emplo'yee (

a) for misconduct. neglect of duties or refusal or neglect to obey a lawful order, (

b) where the employee is incapable of performinq his duties~ (

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

d) where the employee is charqed with a - 32- Power Ilf Public Service Cu:x.1ss1oner to Tr3nsfer P..,.er ,~f lJey\; ty liead \." :;usr·cn,! .or u1sr.1ss

Chp. 2 criminal offence and the circumstances thereby created render it inadvisable for him to continue his duties. SUSPENSION BY UNIT HEAD 139.

(1) A Unit Head or officer to whom the authority has been delegated by the Deputy Head may suspend an employee for any of the reasons mentioned in

section 138 and may, in conjunction with the suspension, recommend the dismissal of the employee to the Deputy Head. 140~1} A Unit Head or officer who suspends an employee pursuant to

section 139 shall forthwith notify the employee and the Deputy Head in writing of the suspension, the effective date of the suspension, the reasons for the suspension and whether any recommendation has been made for dismissal of the employee. l41.

(1) An employee who has been suspended pursuant to s~ction 139 may appeal the suspension to the Deputy Head by written notice not later than ten working days from the date of receipt of the notice of suspension. 142. (

l) If no appeal against the suspension imposed pursuant to

section 139 has been made within the period mentioned in

section 141, the decision of the Unit Head or officer to suspend shall be final and binding. 143.

(1) Where a recommendation for dismfssal has been made in conjunction wfth the suspension and no appeal has been made pursuant to

section 141 • the Deputy Head may, by notice in wrftfng, dfsmiss the employee and the employee ceases to be an employee with effect from the day on which he - 33 - \.:'l1t H~ilt! er DelegatC';i Officer may Suspend ~here t'nit Head or Dele~ated Officer Suspends an Eoployee . Employee Appeal of Suspension to Deputy Head If no Appeal Decision Final Deputy Head may Dismiss

· ClIp. :1 . wu su spended. Investi­ gation on Appeal of Unit Head 144.

(1) Where the Deputy. Heid receives a;' appeal pursuant or Delegated Officer Suspension to section141 .• he shall. within ten working days , from the date of receiving the appeal. investigate the matter and give the employee an opportunity to. make representations orally or in writing either personally or by counsel or agent or where the employee has ~o authorized. an official of the . employee's bargaining agent . Deputy Head's Decision after lnvesti­ gatlon . 145.

(1) Where, after the investigation. the Deputy Head is satisfied that the suspension was warrant~d. he may confirm or modify the suspension and where the suspension was accompanierl by a recommendation for dismissal, t,.J may dismiss the employee with effect from the date of the suspension or take such other action as he may see fit. ~otlflc- 146.

(1) The Deputy Head shall, within ten working days of ation of Decision carrying out an appeal hearing pursuant to

section 144, notffy the employee and the Public Servfce Commissioner in writing of his decision. F.-:pl,~yc,· 147 .(1~ An employee may, within ten working days of the A pp ,'a 1 t l' AdjudicatIon receipt of the decision of the Deputy Head pursuant Er.!p: "~'"., 148.' t " ~., l I i y :. " pu t Y lit' a" . I f ,\ pp,. a I - 111).: t.· .\,\ J thi Il .1.1 I,'n to

section 143 or 146, appeal the decision to an adjudicator apPOinted pursuant to the Pubf;~ ~c4vice An emDloyee appealing pursuant to

section 147 shall notify the Deputy Head in writing Of his appeal to adjudication .. SUSPENSION OR DISMISSAL BY DEPUTY HEAD ALONE :i,'" r in I: "".' '" ~:" "'·q· .. ·st.·J 149 .. ·· .Where, of his o\.,n motion, a Deputy H~ad suspends or

Chp. 2 dis~i5S}5 ar p~~l~ ·ee •. the employee may, by not'..:~ in wr .i"~ ,\'thin ten working days from t~e d~te of rec~irt 0f the notification to him of the Deputy Head's decision, request a hearing by the Deputy Head. 150.

(1) Where the employee does not request a hearinq within the time mentioned in

section 149, the decision of the Deputy Head shall be final and binding and the employee shall not be entitled to submit his appeal to adjudication. 151.

(1) Where the employee requests a hearing pursuant to

section 1'9. the Deputy Head shall investigate the matter and give the employee an opportunity to make representations orally or in writing either personally or by counsel or agent or where the employee has so authdrized, an official of the employee's bargaining agent. 152.

(1) Where the Deputy Head conducts a hearing pursuant to

section 151, the Deputy Head may confirm, modify or revoke his earlier decision and he shall notify the employee and the Public Service Commissioner in writing of his final decision in the matter within ten working days from the date of the hearing. 153.

(1) An employee may, within ten working days of the receipt of the final decision of the Deputy Head. appeal the decision to an adjudicator appointed pursuant to the Public Se~vic~ Sta66 RelatiOft4 O~di"a"ce.

(2) An employee who appeals pursuant to subsection·(

l) shall notify the Deputy Head in writing. - 35 - If no Appeal .. Decision Fin'lll He3rlns: on Ap~eal HotiflcatioD of DecisioD Appeal to Adjuc!1catioD

__ • _____ .. _ .. ~I'.'I."'''''''_'. ItIIAW ... ' .... ' ....... RESULT OF ADJUDICATION Result of 154. (1) me decision of an, .adjudicator appointed purs.uant. to Adjudication the Public St~vic. Sta~6 R~tation~ O~din4ftee Is f1nal and binding and on receipt of the decision' of the adjudicator. the Deputy Head shall take any action necessary to implement the decision and so inform the Public Service Commissioner. No salarY~55.

(1) An employee shall not be entitled to be paid his daring SuspeDsion salary for the period for which he is under suspension but the Public Service Commissioner may mate an allowance not exceeding one-half of the amount of his salary to an employee who has been s~spended with a recommendation for dismissal. Where 156.

(1) Where a suspension is cancelled as a result of an DeclsiOll Revoke! appeal. the employee is entitled to be paid his full salary for the period of suspension less the amount of any allowance which may have been paid to him under the authority of the Public Service Commissioner. Suspen- 157.

(1) The period during which an employee is under sion ls Continuous suspension is not a break in the service of that Service Time Limits Deputy lIeads Comm­ ission may be employee. 158. (

l) tlotwithstanding the time limitations imoosed in respect of appeals. time may 'be extended by agreement between the emDloyee's representative and the Deputy Head. 159.

(1) A Deputy Head may not appeal his susoension. dismissal or release to an adjudicator apoointed pursuant to the PUbl.ic Se'~lce Sta~~ ~~tatlr~~ (1.'1..1 i.1l<lIlC':: • 160.

(1) The Commission has the right to reoresentation at any apoeal pursuant to thi~ Part and way ~ake Represented recommendations to any Deouty Ilead. tlni t Head 01"

ClIp. 2 6fficer 11: ';:'j respect to any disciplinary matter pursuant to this Part.

(2) Notwithstanding subsection (1). wh~re the Public Service Commissioner deems it in the best interest of the Service. he may impose any penalty the Deputy Head had the authorfty to impose or modify any penalty fmposed by the Deputy Head. Unit Head or delegated officer pursuant to this Part.

PART XI POLITICAL OFFICE 161.

(1) An employee shall not become a candidate for election as a member of the House of Commons or the Council of the Yukon Territory. ~fthout first obtaining leave of absence. wtthout pay, pursuant to

section 162. 162.

(1) The Publ ic Service Com'missioner Shlll, where operational requirements permit. gr.nt leave of absence without pay to an employee (

a) to seek nomination as a candidate. or (

b) to be a candidate for election. , as a member of the House of Commons Or the Council of the Yukon Territory for a period endtng on the day on whtch the results of the electfon are offtctally declared or on such earlier day as may be requested by ~he employee if he has ceased to be a candtdate. 163.

(1) An employee becomes a candtdate pursuant to this Part when nomination papers nominattng htm as a candidate are ftled with the returning offfcer. 164.

(1) An employee who is elected as a member of the Itous-e of Commons 0'- the Council of- the -Yukon Terrttory shall be deemed t~ have resigned or retired from the Public Service from the date of hts election. - 37 - Pol1ttc::al Leave Authorization of Leave When CaDcUclate Effective J!!lectiou

Chp. B 165.

(1) A person who has been granted leave of absence without pay to seek nomination as a candidate or to· be a candidate as a member of the House of Commons or the Council of the Yuton Territory. t.ay speak. "rtte or work on his own behalf or on behalf of a poltttcal par·., 1n a Federal or Territorial election or by­ election, 1f in dOing SO he does not (

a) reveal any i~formatton that he has obtained ot whfch comes to his knowledge solely by virtue of h1s employment or positfon 1n the Public Service. or (

b) publicly criticize or oppose any government polfcy whfch he has been instrumental in formulating wh1le an err~loyee. 16E. ii) In this Part. "j)olitical acthity" I.t:ans speaking. writing er working 011 behalf of or a~ainst a candidate or a person ~ho 15 seeking nomination as a candidate or on behalf of a political party in arl election or by-\!Iectfon. Federal Elections 167. \

I) I:xcer.t as provided by

section 168. ;;v~ry eli!ployee. t~t:l!r than a Geputy Head. 1.-<1)' engagE: in a political dctivity hI a .Federal Llection or by-electicr:. Terr1toridl Elections \;:) L;.ct!!)t .:.s providrc lIy settier; 16d ... very e/IIPlcyee • . ~·Uh·l· £11d!. ·fll"Hcri \,/11(1 tidS O~Ph i dent; net! as a ~~I~~\!ridl er Ltnfid~rtidl exclusion pursuant to the ... ', ! ..... -•• ~; .. ::" .. ' :, , ;~: .• l:: . r.;··~. :" .• ·c • I,"",), en!!aye . , - ,JlJ -

Chp. 2 l"~.n Id e'·, l(lye~ Sh.111 solicit funds fer a political party or d candi~ate for election as a member of, the House of Ccr'imor,s or the Counc 11 of the: VI.!kon TerritOry. (2) lio Ile'·son l!Idy engaCJe in cl pol1~ir.al activity if in doiny so he ", (

a) reveals ar.y infomat10n that he has obU.ined or which cor.~s to his kr.owledge solely by virtue of his employment or position in the Public Servicei or (

b) publicly criticizes or opposes any government policy which he has been instrumental in formulating while an employee. 169. ,

I) A person who has been identified as a managerial or confidential exclusion pursuant to the PkC:~c S~PVi~ St~fl .:: .. £at::cfI$ Or.ii':a?:ce. I,ily not engage in a po 11 ti ca 1 activity in a Territorial election or by-election.

(2) A person does not contravene subsection (1) by reason only of his attending a polit1cal meeting.

(3) A Deputy Head shall not seek nomination as or be a candidate for or support or work on behalf of any candidate or political party in any Federal, Territorial or Municipal election or by-election or contribute funds to a candidate or political party. 170.

(1) An employee who contravenes the provisions of.this Part may be suspended or dismissed by the Public Se.rvice Commissioner. 171.

(1) An employee who is suspended or dismissed pursuant to

section 170 may within ten working days of the suspension or dismissal. by written notice. appeal to an adjudicator apPOinted pursuant to the PUbtic Service Staff Retatione

PART XII LAY-OFFS 172.

(1) A Deputy Head me) recommend to the Commission that an employee be laid off whenever he deems it

ClIp. 2 necessary because of (

a) a shortage of work. (

b) tnsyfftctent approprtated fu~ds; (

c) the abolition of a position; or Cd) changes in the organization of the department. branch Or divtsion. 173.

(1) Notwithstanding anything in this Ordinance. the Public Service Commissioner may; without competition. appoint a lay-off to any position in the ~ubltc Service for which he 1s qualified and which has the same or lower maximum rates of pay as the position held by him at the time he was laid off. 174.

(1) A lay-off is entitled for a period of twelve months after he was laid off. to enter any competition for which he would have been eligible had he not been laid off. 175 •

(1) Notwithstanding anything in this Ordinance. a lay-off shall be considered for appointment to a position for which he is qualified which has the same or lower maximum rates of pay as the position held by him at the time he was laid off. in priority to all other qualified candidates and in priority to all other employees who became lay-offs at an earlier time. Appointment Competitio!'l To be Considered for Appoint­ ment 17L

(1) An employee ceases to be a lay-off if he is not Tl'l'minatinn nf Lay-off appointed to a position in the Public Service within Status twelve months from the date on which he became a. lay-off or if he is appointed to or if, except for reasons that in the opinion of the Public Service Commissioner are sufficient, he declines an apPoint­ ment to a position in the Public Service with the same or higher maximum rates of Day as the position held by him at the time he was laid off. 177.

(1) Where two or more employees in positions allocated - 40 -

Chp. 2 to the same class in any unit of the Public Service are to be laid off or where one employee is to be l~id off and there are other employees holding positions ir. the same class 1n the same unit. the Oeputy Head shall prepare and forward a report listing the employees in order of their merit to the Public Service Commissioner and such employees. if a~proved by the Public Service Commissioner. shall be laid off in order beginning with the employee lowest on the 1 i s t. Exat:l- 178.

(1) Before compiling the report mentioned in

section ination and Review 177. the Deputy Head shall consider Merit Order (

a) all relevant job performance reviews; (

b) any other documents on the employees' personnel files relevant to the performance of the employees' duties and responsibilities; and (

c) any other matters the Deputy Head considers relevant. 179.

(1) The Deputy Head shall forward the merit order report mentioned 1n

section 177 to the Public Service Commissioner together with a report respecting (

a) the anticipated time of lay-off; (

b) the number of employees he intends to layoff; and (

c) the reasons for the lay-off. Deputy 180.

(1) After considering the reports of the Deputy Head. Head to Lay-off the Public Service Commissioner shall transmit his instructions to the Deputy Head Nho shall lay off the employees. Deputy 181.

(1) On receipt of the instructions mentioned in

section Head shall send 180, the Deputy Head shall notify each employee Notices of Lay-off to be laid off of the effective date of layoff and the reason therefor and the notice shall contain a

summary of the:employee's rights and - 41 -

privileges with respect to the lay-off pursuant to this Ordinance and transmit 8 copy of the notice to the Public Service Commissioner. 182.

(1) Every employee to be laid off shall be given three Notice of Lay-off months notice in writing of the effective date of his lay-off or three months salary and benefits in lieu thereof. 183.

(1) Every casual employee performing duties similar to those of a permanent employee in the same unit shall be released prior to the lay-off of any permanent employee in that unit. 18 4 .

(1) The release of a casual employee shall not be a lay-off and a casual employee is not entitled to benefits provided under this Part.

PART X I II CONTRACTS OF EMrLOYMENT Casual Employee Released Ca suo 1 Employee not laid Off 18 5 .

(1) A 0 e put y He ad so aut h 0 r i zed by the Pub li c Se r vi c e Con t re c t of Employment Commissioner may, on behalf of the Commissioner, enter into a contract of employment with any person in accordance with this Part. 195.

(1) A Deputy Head shall, prior to entering into a con t r act pur sua n t to sec t ion 1 8 5, se n d a cop y of the contract to the Commission together with a

summary of the terms and conditions included in the contract and the reasons for the contract. 187.

(1) A Deputy Head shall ensure that every contract of employment provide~ for (

a) the remuneration to he paid to the person (

b) the length of the contract; (

c) the notice required to terminate the contract; (

d) any conditions permitting the contract to be terminated by either party; Report to Comm1 ssion Requirements of Contract

Chp. 2 (i~)'''ether remune""3tion is to be paid in lieu {f) ~ny ot~pr ter~s and conditions af employment; (

g) wl,ether any iolrovision of this Ordinance or the requlations is inapplicable to the p,rson; dne Ch) whether any provision of this Ordinance 1s varied ~ursuant to the contract. Ex c 1 :..0 - 1 8 n. {1; Ex c e pta sot h e rw i se pro v i de d by 1 a w. a .: 0 n t r act !lion fro!1l Super:ln~u<!tiC'n of employment may exclude a ~ersnn fro~' obligations pursuant to the T~~~iC~'i~l E~pic~C~J

PART XIV GENERAL 189.

(1) Every employee appointed to a position in the Employee Public Service or employed pursuant to this or any to Provide Document- other ordinance. shall ~e required to provide to ation Other Satis­ factory Proof the Commission. within three months of the commencement of his employment. any documents requested by the Commission to complete an employee personal file or payroll file or for superannuation purposes. 190.

(1) Where an employee is unable to provide the Commission with any document requested by it pursuant to

section 189. he shall provide the Commission with a copy of the document requested or other proof satisfactory to the Commission of the contents of the document. L1abi- 191.

(1) Where an employee fails to provide any documents 1 it y to Dismissal requested by the Commission or such other proof as the Commission deems appropriate. the employee may. by notice in writing from the P.ublic Service - 4:.\ -

Publio Service commission Ordinance Chp. 2 Commissioner, be dismissed. 192.

(1) Every employee shall notify the Commission of his Notification of Address telephone number, if any, and of his postal address and Telephone Number in writing and advise the Commission in writing of any change in his address or telephone number.

(2) Any notice required to be given to or served upon Service of Notice an employee pursuant to this Ordinance. mey be served personally or by mail and if served by mail, shall be deemed to have been received by the employee five working days after the notice has been mailed by registered mail addressed to the employee at the latest postal address notified.to the Commission by the employee pursuant to subsection (1) unless the employee can show that the notice was received on another date. 193.

(1) Unless otherwise determined by the Commission, Confi- dentiality no information supplied by or on behalf of a candidate shall be disclosed to any person and any examinations, tests or related aids used to assess the qualifications of candidates for positions in the Public Service, are the exclusive property of the Commission. 194.

(1) No employee either directly or indirectly, in his own name or throug~ another person or in the name of a person in trust for him, may bid upon, tender for. accept or enter into any contract with the Territory. Contract9 195.

(1) Notwithstanding

section 194. where specially authorized When Employee by regulation or by another ordinance. an employee may may Bid bid upon or enter into a contract with the Territory. - 44 -

Chp. 2 (

t) f':"twitt,',tanding

section 194, an employee is not pr~~;h'ted from ~urchasing or o~t)ininc from the Territory goods or services commonly aVdi'ablp to the general pub' ic. Peraonne1196.

(1) A department or branch of the Public Service shall Records maintain such personnel records and statistics as may be required by the Commission. Training 197.

(1) The Commission shall have the exclusive right of Employees and authority to select traininq courses for the retention, development and advancement of employees in the Public Service or for such other purposes as the Commission deems appropriate and the Commission shall have the exclusive ri~ht and authority to select employees to participate in training programs of any nature administered or funded by the Commission including educational leave. ElIlploy- 198.

(1) Notwithstanding any other provision of this ment of Handicapped Ordinance, the Commission may employ, pursuant to such arrangements as may be appropriate, any handicapped person under such terms and conditions of employment as may be for the benefit of the person and the Public Service. Depart- 199.

(1) A Deputy Head may, with the approval of the mental Training Commission. enter into arrangements with any appropriate authority for the provision of training or the administration of training programs not administered or funded by the Commission. - 45 -

Pubtio Sepvice commission Ordinance Chp. 2 Staff 200.

(1) The Commission shall have the exclusive authority Relations to bargain with and negotiate with an authorized bargaining agent, pursuant to the provisions of the Public Sc~vice Sta66 Rclation~ O~dinaHce, or any other ordinance -of the Territory which by law certifJes an authorized bargaining agent. Grievancc201.

(1) The Public Service Commissioner shall replace ef Ern;>loyee the Commissioner as the final level in the grievance procedure pursuant to the provisions of the Public S~~vice Sta65 RelaticH~ C~dina"c~. Inter- 202.

(1) The Public Service Commissioner has the authority prctation of to administer and interpret the provisions of Collective Agreement any collective agreement entered into between the Commissioner and an authorized bargafning agent pursuant to any ordinance of the Territory. - 4G -

ClIp. 2 203.

(1) The COIllll1 ss ion, \·,ith the approval of the COIllll1 ss ioner and the consent of the e"~loyee, r.~y lend any l.oan of I'.mployees employee to another Government or an agency thereof or to any. other person, for such period and upon such terms and condftions as to salary or otherwise as is deemed expedient and n~y extend the period upon similar or upon other terms and condftions. 2C4.

(1) No person shall improperly, directly or indirectly. solicit or endeavour to influence the Commission with respect to the appointment or assignment of any person to a position. or with respect to the promotion or reclassification of. or an increase of salary to, any employee in the Public Service. 205.

(1) Any elioployee who improperly, .;i rectly er indirectly, solicits or endeavours