STATUTES OF THE YUKON TERRITORY PASSED BY THE LEGISLATURE OF THE YUKON TERRITORY IN THE YEAR 1984 IN THE FOURTH SESSION OF THE TWENTY FIFTH LEGISLATIVE ASSEMBLY VOLUME 1 I I' d I I I

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CHAPTER NO. 32 1 19 2 20 3 26 4 3 5 31 6 14 7 13 8 21 9 9 10 23 11 22 12 10 13 11 14 25 15 5 16 4 17 30 18 34 19 29 20 15 21 15 22 TABLE OF CONTENTS SiATUTES OF THE YUKON TEP.RlTORY 1984

An Act to Amend the Business ment Assistance Act Children's Act Develop- (Act published in separate volume)

An Act to Amend the Dental Profession Act Electoral District Boundaries Conmission Act Employment Standards Act Energy Conservation Assistance Act· Fffth Appropriation Act, 1982-83 Fifth Appropriation Act, 1983-84 An· Act to Amend the Financial Adminfstration Act Financial Agreement Act, 1984

An Act to Amend the Government Employee Housing Plan Act Government Employees Unemployment Insurance Agreement Act

An Act to Amend the Income Tax Act Interim Supply Appropriation Act, 1984-85 Interim Supply Appropriation Act, 1984-85 (No. 2)

An Act to Amend the Landlord and Tenant Act Legal Profession Act Legal Service~ Society Act Legislative Assembly Retirement Allowances Act

An Act to Amend the Liouor Act

An Act to Amend the r1enta I Hea I th Act r1i scel1anecus Statute Law A~endment Act, 1984 1 3 4 9 13 55 58 62 66 67 69 71 n. 74 76 7e 79 149 159 162 165 172

.,-~I 23

An Act to Amend the Motor Vehicles Act 173 2 24

An Act to Amend the Municipal Finance Act 174 24 25

An Act to Amend the Public Sector Compensation Restraint (Yukon) Act 180 7 26 Public Utilities Act 181 16 27

An Act to Amend the Real Estate Agents' Licensing Act 204 12 28 Second Appropriation Act, 1984-85 205 17 29

An Act to Amend the Securities Act 207 33 30 Third Appropriation Act, 1984-85 208 18 31

An Act to Amend the Transport Public Utilities Act 211 28 32 Young Offenders Agreement Act 214 i i

ST.lI.TUTES OF THE YUKON iERRITORY .984,

Chapter 1

AN ACT TO AMEND THE BUSINESS DEVELOPMENT ASSISTANCE ACT (Assented to May 17, 1984) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows:

(1) This Act amends the Business Development Assistance Act. 2

(1) The following is substituted for subsection 13(4): "( 4) A member of the Boa rd who is not a member of the pub li c service of Yukon may be paid such remuneration as may be prescribed by the Commissioner in Executive Council and may be paid transportation, accommodation, and living expenses incurred in connection with the performance of his duties away from his ordinary place of residence but, except as otherwise· provided by the regulations, the payment of such expenses shall conform as nearly as possible in all respects to the payment of such expenses for members of the public service of Yukon." 3

(1) Sections 23, 24, and 25 are repealed. 4

(1) The following are substituted for paragraph 26(1)(g): ',~(

g) describing the kinds of projects that are el igible for financial assistance; (

h) prescribing the purposes for which financial assistance may be used; and (

i) generally, carrying the provisions and purposes of this Act into effect." 5

(1) In subsections 13(1), 16(2), 26(1), and 27(1), "ColT1!1issioner in Executive Council" is substituted for "Commissioner". - 1 -

An Act to Amend the Business Development Assistance Act

Chapter 1

(2) In subsections 3(1). 4(1), 4(3), 5(1), 7(1), 7(4), e(l), E(2) •. 8(3).8(4).9(1)' 12(1), 17(1).17(2).17(3).21(1),21(2), 22(1) and 22(2), "Executive Council Member" is substituted for "Commissioner". - 2 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 2 CHILDREN'S ACT (Assented to May 17, 1984) Th;s Act ;s printed in a separate volume. - 3 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 3

AN ACT TO AMEND THE DENTAL PROFESSION ACT (Assented to April 18. 1984) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act amends the Dental Profession Act. 2

(1) The following is substituted for subsection 1(1): "1(1) This Act may be cited as the Dental Profession Act." 3

(1) The followfng definftion fs added to subsection 2(1): n'dental corporation' means a corporation licensed pursuant to this Act to practise dentistry in the Territory;".

(2) In the definition of "dentist" in subsection 2(1), Mnatural personu is substituted for "person".

(3) In the definition of "Med1cal Health Offfcer" 1n subsection 2(1) "Commissioner in Executive Council" is substituted for "Commissioner". 4

(1) The following subsections are added to

section 3: "

(2) No corporation shall practise dentistry fn Yukon except through or by means of dentists.

(3) For the purposes of subsection (2), the practice of dentistry by a corporation shall be deemed not to be carried on by clerks, secretaries, nurses or assist· ants performing services that are not ordinarily considered by law, custom or practice to be services that may be performed only by a dentist." ·4-

An Act to Pmend the Dental Profession Act

Chapter 3 5

(1) The following subsections are added to

section 5: "

(2) The Executive Council Member may refuse to register the name of a person in the register where (

a) he is entitled to be registered under clause (l)(b)(ii) but is no longer entitled to prac­ tise dentistry in the province,or (

b) he is not entitled to be registered under clause (l)(b)(ii) and he acquired the qualifi­ cations relied on under paragraph (1)(

a) or clause (l)(b)(

i) more than two years before his application for a licence under this Act.

(3) A corporation is entitled to be registered. in the regi s ter where (

a) all of its issued share capital having voting rights under any circumstances belongs to one or more dentists, (

b) all of its directors are dentists. and (

c) it pays the prescribed registration fee.

(4) The Executive Counsel Member may refuse to register the name of a corporation in the register where he would be entitled to remove its name from the register under subsection 7(1.1)." 6

(1) The following sections are added after

section 5: "5.1 Cl) Except as provided by subsection (2), no person who is not a dentist is entitled to exercise voting rights in respect of any shares in a dental cor­ poration.

(2) Where a shareholder in a dental corporation dies, his personal representative may hold his shares and exercise his voting rights for 90 days after the date of death. - 5 -

An Act to Amend the Dental Profession Act

Chapter 3 5.2

(1) Notwithstanding

section 7, where a dental corpor­ ation ceases to be entitled to be registered in the register under

section 5 by reason only of the death of one of its shareholders, the removal of his name from the register or the suspension of his licence, the dental corporation has a period of gO days after the death, removal or suspension in which to rectify the deficiency in its entitlement to be registered. 5.3

(1) The relationship of a dentist to a dental corpora­ tion, whether as a shareholder, director, officer or employee, does not affect the application of this Act to him." 7

(1) The following subsection is added to

section 6: "

(2) Different annual licence fees may be prescribed for dentists and dental corporations. h 8

(1) The following subsection ;s added to

section 7: U(1.1) The Executive Council Member may remove the name of a dental corporation from the register where he fs satisfied that (

a) the corporation is not in good standing under the Business Corporations Act, (

b) the articles or by-laws of the corporation unduly restrict the ability of the corporaticn to practise dentistry, (

c) the corporation is not entitled to be register­ ed in the register under

section 5, (

d) the corporation has been convicted of an offence under subsection 3(2) and the time for appealing the conviction has expired, ee) any person has been convicted of an offence in respect of the corporation under

section 14 and the time for appealing the conviction has expi red, or (

f) any person who is not a dentist has exercised voting rights in respect of any shares in the corporation except as provided by

section 5.2." - 6 -

An Ac! to Amend the Dental Prcfession Act

Chapter 3

(2) Subsectior. 7(2) ;s amended by striking out the expression "subsection (1)" and subst1tuting for it the expression "subsection (1) or (1.1)". (3) Subsection 7(3) is amended (

a) by striking out the expression "subsection (1)" and substitutinQ for it the expression Dsubsection· (1) or (1.1)", ar.d (

b) by adding to the end of the subsection the expression "and satisfying the Executive Council Member that he is entitled to be registered in the register under

section 5". 9

(1) In subsection 8(1) (a) "ExecuUve· Council Member may, on the recommendation" is substituted for "Conmissioner may, on the recommenda­ tion" , (b) "Commissioner in Executive Council may prescribe" is substituted for "Commissioner may prescribe", and (c) "in the opinion of the Executive Council Member" is substituted for "in the opinion of the Commissioner". 10 '(

l) The following·

section is added after

section 9: "9.1

(1) Notwithstanding any other Act, every person who is a shareholder of a dental corporation or any other corporation during a time when it is practising dentistry is liable for malpractice to the same extent and in the same manner as if the shareholders of the corporation during that time were practising. dentistry as a partnership or, where there is only one shareholder, as an individual.

(2) In subsection (1), "shareholder" means a holder of shares having any voting rights.

(3) The liability of any person practising dentistry is not affected by the fact that he does so as an employee or on behalf of a corporation." - 7 -

Ar. Act to Amend the Dental Profession Act

Chapter 3 11 (

l) In subsection 100), "practising dent;stry" ;s substituteo for "practising as a dentist".

(2) In subsection 10(4), "Treasurer" is substituted for "Terri!:or­ ial Treasurer". 12

(1) The following subsection is added to

section 12: D(3) This

section applies with the necessary changes to dental corporatfons." 13

(1) The following subsection is added to

section 13: "

(4) This

section applies ·with the necessary changes to dental corporations." 14

(1) In paragraph 24(1)(a), "dentists, dental corporations." is substituted for "dentists u • 15

(1) In subsection 28(2). ·order the Territorial Secretary to" is struck out. 16

(1) The following

section is added after

section 28: U29

(1) In every Act or regulation enacted or made at any time. a reference to a person authorized to practfse dentistry in Yukon shall be read as including a denta I corporation, except as provi ded othenli se. ~' 17

(1) In subsections 4(1). 6(1), 7(1). 13(1). 13(2). 13(3) and 20(1). "Executive Council Member" is substituted for "Te!"ri­ torial Secretary·. 18

(1) In subsections 10(1). 13(1). 13(2), 20(l). 22(1). 22(2) and 24(l). "Commissioner in Executive Council" is substitutec for "Commissioner". 19

(1) In subsections 10(6), 10(7), 12(1), 12(2), 27(1), 27(2), ,a(

l) and 28(2), "Executive Council Memberu is substituted for "Commissionern. - 8 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 4 ELECTORAL DISTRICT BOUNDARIES COMMISSION ACT (Assented to May 17, 1984) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows:

(1) This Act may be cited as the Electoral District Boundaries Commission Act. 2

(1) In this Act: "Chainnan" means the Chainnan of the Electoral District Boundaries Commission appointed pursuant to

section 4; nCommissionn . means the Electoral District Boundaries Commis­ sion established pursuant to

section 3; "electoral district" means any place or area entitled to representation in the Legislative Assembly; "Judge" means a judge or deputy judge of the Supreme Court of Yukon; qSpeaker" means the Speaker of the Legislative Assembly. 3

(1) There shall be an Electoral District 80undaries Commission for Yukon. 4

(1) The Commission shall consist of a Chairman and two members.

(2) The Chairman of the Commission shall be a Judge and the other members shall be the Cierk of the Legislative Assembly and Josephine Sias of the settlement of Silver City, Yukon. - 9 -

Electoral District Boundaries Commission Act

Chapter 4 5

(1) The purpose of the Corrmission is to review the boundaries of the 16 electoral districts which currently exist and to make recommendations respecting any way in which those boundaries should be altered.

(2) For the purpose of making recommendations, the Corrmission shall take into consideration: (

a) geographic considerations, including in particular the density and relative rate of growth of population of any region of Yukon, the accessibility of any such region, and the size thereof; (

b) any special community or diversity of interests of the inhabitants of various regions of Yukon; (

c) the availability and means of cOlllllunication and trans­ ,portation between various parts of Yukon; and (

d) all other similar relevant factors.

(3) The Cormnission shall not alter the number of electoral dis­ tricts within or outside the City of Whitehorse.

(4) The Cormnission may not include in an electora,l district in the City of Whitehorse any area outside the City of Whitehorse and may not include in an electoral district outside the City of Whitehorse any area inside the City of Whitehorse.

(5) The Cormnission is to give special consideration to the elec­ toral district of Old Crow and to make recommendations which would protect that electoral d1strict from significant demo­ graphic changes.

(6) The COllllliss10n may recomend new' names for electoral dis­ tricts. 6

(1) The COllllliss10n shall appoint one of its members to act as Cha i rman in the event of the absence or incapacity of the Chairman or if the office of Chairman is vacant.

(2) At all meetings of the Corrmission, two members of the Commis­ sion constitute a quorum.

(3) A vacancy in the membership of the Commission or in the office of Chairman does not Impair the right of the remaining members to act, but where any such vacancy occurs it shall be filled within seven days: Cal by resolution of the Legislative Assembly if it is then sitting, or - 10 -

Electoral District Boundaries Comm1~sion Act

Chapter 4 (

b) by order of the Cor;rnissioner in Executive Council after consultation with the Leader of the Official Opposition, if the Legislative Assembly is not then sitting.

(4) Notwithstanding subsection (3), where the Chainnan is unable to act he may apPOint another Judge to act in his stead and such other Judge shall have all the powers and duties of the Chainnan other than the power of appointment mentioned in this subsection. 7

(1) The member of the Commission, other than the Chainnan and the Clerk of the Legislative Assembly, shall be paid such remuner­ ation as the CommiSSioner in Executive Council may prescribe.

(2) A member of the Commission and a person appointed under

section 8 may be paid transportation,' accommodation, and living expenses incurred in connection with his duties while away from his ordinary place of residence but, except as the Commissioner in Executive Council may otherwise prescribe, the payment of such expenses shall confonn as nearly as possible in all respects to the payment of such expenses for members of the Public Servic~ of Yukon. 8

(1) The Commissioner in Executive Council shall appoint a person to act as Secretary of the Commission.

(2) Upon being requested by the Chainnan to do so, the Commis­ sioner in Executive Council may, from time to time, appoint one or more persons having special knowledge to assist the Commission in carrying out its functions.

(3) A person appointed pursuant to this

section shall be paid such remuneration as the Commissioner in Executive Council may prescribe. 9

(1) The Commission may be called together at any time by the Chainnan for the purpose of carrying out its functions.

(2) The Commission may meet at any time on its own motion to perform any of its functions or duties.

(3) The Commi ss i on may, in the performance of its duti es, sit at such times and places in Yukon as it deems necessary for the hearing of representations. - 11 -

Electoral District Boundaries Commission Act

Chapter 4 10

(1) The Commission may make rules for regulating its proceedings and for the conduct of its business.

(2) In performing its duties, the Commission has all the powers of a Board of Inquiry appointed under the Public Inquiries Act. 11

(1) The Commission may authorize a member or any other person to investigate and report on any question or matter arising in connection with the business of the Commission.

(2) A person authori zed pursuant to thi s

section has all the powers of the Commission for the purpose of taking evidence or acquiring ,the necessary information for his report. 12

(1) The Corrmission shall ,keep a record of its proceedings and the Chairman shall be responsible for the custody and care of all records and documents belonging or pertaining to the COrmlis­ sion. 13

(1) The Corrmission shall complete its report prior to the first day of November, 1984.

(2) The Corrmission shall forthwith after completion of its report: (

a) file its report with the Speakeri and (

b) transmit its records and, documents to the Speaker after delivering its report to him.

(3) Copies of the report filed with the Speaker shall be made available to the public at the offices of the Legislative Assembly and the Territorial Agents for inspection during office hours.

(4) The Clerk of the Assembly shall transmit copies of the report to each member of the Legislative Assembly.

(5) After receiving the report of the Commission. the Speaker shall forthwith lay it before the Legislative Assellibly if it is sitting, or if the Assembly is r.ot sitting, then within five days after the opening of the next session. - 12 -

STATUTES OF THE YUKON TERRITORY 1984. Chapte .. 5 EMPLOYMENT STANDARDS ACT (Assented to May 17. 1984) Pa .. t 1 ItlTERPRETATION AND APPLICATION The Commissione .. of the Yukon Te .... ito .. y. by and with the advice and consent of the Legislative Assembly. enacts as follows: 1

(1) This Act may be cited as the Employment Standa .. ds Act. 2

(1) In this Act UBoa .. d" means the Employment Standa .. ds Boa .. d established unde ..

section 86; "collective ag .. eement" means an ag .. eement in w .. iting between an employe .. 0" an employe .. 's o"ganization acting on behalf of an employe ... on the one hand, and a t .. ade union acting on behalf of the employees of the employe .. in collective ba .. ga~n­ i ng 0 .. as a pa .. ty to an ag .. eement wi th the employe .. 0 .. em­ ploye .. 's o .. ganization. on the othe .. hand. containing terms 0" conditions of employment of the employees including p .. ovisions with .. efe .. ence to .. ates of pay and hou .. s of wo .. k; "conditions of employmentU means all matte .. s and ci .. cumstances in any way affecting employe .. s and employees in respect of the employment .. elationship; "Cou .. t" means the Sup .. eme Cou .. t of the Yukon Te .. rito .. y; "day" means any pe .. iod of twenty-fou .. consecutive hou .. s afte .. the commencement of work; "Di .. ector" means the Employment Standards Office .. who is. from time to time. appoi nted by the Executi ve Counci 1 ~'ember as the Directo .. of Employment Standards; - 13 -

Employment Standards Act

Chapter 5 "employee" includes (

i) a person, including a deceased person, in receipt of or entitled to wages for employment or services performed for another, (i1) a person being trained by an employer for the purpose of the employer's business, and (f i 1) a person who was an employee; -employerD means a person who employs an employee and includes a former employer; "general holidayn means New Year's Day, Good Friday, Victoria Day, Canada Day, Discovery Day, Labour Day,)Thanksgfvfng Day, Remembrance Day and Christmas Day and includes any day substi­ tuted for any such general hol iday pursuant to subsection 29(2) or 36{l); nmember of the employer's familyn, in respect of an employer, means the employer's spouse, parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother, half-sister, and a person who stands in the p.1ace of parent to the em.ployer or to whom the employer stands in the place of parent, whether or not there is any degree of consanguinity between that person and the employer; "qualiffed medical practitioner" means a person entitled to engage in the practice of medicine under the laws of a pro­ vince or territory; "overtime" means hours of work in excess of standard hours of work.

"pay period" means any period of employment, not exceeding 16 consecutive calendar days, established by the employer for the computation of wages. "standard hours of work" means the hours of work described in subsect f on 7 (1 ); "trade unionu means an organization of employees formed for purposes that include the regulation of relations between employers and employees. - 14 -

Emoloyment Standards .Act

Chapter 5 "wages" includes salaries, conmissions, cOr:1pensation or seasonal bonuses paid or payable by an employer to an employee for his services or labour, money required to be paid by an employer to an employee under this Act or by order of the Board, and money required to be paid for an employee's benefit under a contract of employment or a collective agreement to a fund, insurer or other person, but does not i ncl ude gratui­ ties, money that is paid at the discretion of the er:1ployer and that is not related to hours of work, production or effic­ i ency, travell ing all owances or expenses, or other expenses i and "week" means, in relation to

Part 2, the period between midnight on Saturday and midnight on the immediately following Saturday.

(2) Where the employer is a corporation and its controlling shareholder is an individual, any person who bears to the controlling shareholder any relationship described in the definition of "member of the employer's family" in subsection (I), shall be deemed to be a member of the employer's family and this Act shall apply to that person and to the corporation in the same 'way as it would if the controlling shareholdgr were the employer. 3

(1) This Act applies to every employee employed in the Yukon Territory and to the employer of every such employee.

(2) This Act does not app1y to the Commissioner or to the employ­ ees of the Commissioner. 4

(1) This Act applies notwithstanding any other law or any custom, contract or arrangement, whether made before or after the date on which this Act comes into force, but nothing in this Act shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrar.gement that are more favourable to him than his rights or benefits under this Act. - 15 -

Emoloyment Standards Act

Chapter ~

PART 2 HOURS OF. WORK 5

(1) This Part does not apply to (

a) an employee who is a member. of the employer's fami lYi. (

b) a travelling salesman; (

c) an individual whose duties are primarily of a superviso~ or managerial character; (

d) a member or student of such professions as may be design­ ated by the regulations as a profession to which this Part does not apply; and (

e) such other persons or classes of persons as may be designated by the regulations as persons or classes or persons to which this Part does not apply.

(2) An individual to whom paragraph 5(1)(

c) applies is not inclUd­ ed in the application of this Part by reason only of the occasional performance of duties other than those of a super­ visory or managerial character. 6

(1) Subject to subsections 74(1) and 103(1), where there is a dispute as to whether this Part applies in relation to any person or class of persons the matter shall be determined by the Oi rector. 7

(1) Subject to this Part, the working hours of an employee shall ;. not exceed eight hours in a day and 40 hours in a week. 8

(1) Subject to this Part, ·no ·employer shall cause or permit an employee to work in excess of the standard hours of work unless the employer complies with

section 9. 9

(1) Where an employer requires or permits an employee to work in excess of the standard hours of work, he shall pay to the employee one and one-half times his regular wages for all hours worked in excess of (

a) eight in a day, or (b) 40 in a week, but excluding from this calculation hours worked in excess of eight in a day.

(2) Where a week contains a general holiday to which an employee is entitled, (

a) the references to hours in a week in subsection (1) shall be reduced by eight hours for each general holiday in the week, and - 16 -

E~ployment Standards Act ChaDter 5 (

b) in calculating the overtime hours worked by an employee in that week, no account shall be taken of hours worked by him on the general holiday. 10

(1) Where, in the opinion of the Director, the nature of the work justifies irregular distribution of an employee's hours of work, the Director may order that the standard hours of work of that employee in a week may be averaged in respect of a period of two or more weeks in such manner and in such circum­ stances as may be prescribed in the order.

(2) Notwithstanding any other provision contained in this Part, where employees of an employer are represented by a trade union for the purpose of bargaining collectively, and the employer and the trade union so agree in writing, the Director may order that the standard hours of work of those employees in a week may be averaged in respect of a period of two or more weeks, in such circumstances as may be prescribed in the order.

(3) The Director may limit the duration of an order under sub;' section (1) or (2) to such period of time during which he considers th~ circumstances under which the order 1s made will continue to exist. 11

(1) Where the employees of an employer are represented by a trade union for the purpose of bargaining collectively and the employer and the trade union so agree in writing, or where employees of an employer are not so represented and the employer and a majority of the employees so agre~· in writing, the employees may work a maximum of 10 hours in any day over a period of four days in a week or 12 hours in any day over a period of three days in a week, as the agreement may specify, without requiring the employer to pay ovp.rtime pay pursuant to subsection 9(1) in respect of hours worked pursuant to the agreement in excess of eight hours in a day. 12

(1) Except as may be otherwise prescribed by the regulations. standard hours of work in a week shall wherever practicable be so scheduled and actually worked that each employee has at least two full days of rest in the week and wherever practic­ able Sunday shall be one of the normal days of rest in a week. - 17 -

Employment Standards Act

Chapter 5

(2) Notwithstanding subsection (I), where the employer requires or permits the employee to work regularly in excess of the daily standard hours of work, the employer (

a) may require the employee to work up to 28 continuous days without a day of rest, and (

b) may require the employee to work up to seven more days continuous with the period of 28 days described in paragraph (a), where the additional work is necessary in order to complete the project upon which the employee was employed during those 28 days.

(3) An employee who 1s required or permitted to work a work

schedule under subsection (2) is entitled (

a) to at least one day of rest for each continous seven days of work, and (

b) to take his accrued days" of rest continuously with each other. 13

(1) An employer shall ensure that each employee has an eating period of at least one-half hour at intervals that will ensure that no employee will work longer than five consecutive hours without an eating period. (2). For the purpose of computing the hours worked by an employee, "the period allowed the employee for eating shall not be counted as hours worked un I ess the emp I oyee is requ i red to work during those periods. 14 (

l) Except for an emergency and subject to subsecti on (2), an employer shall ensure that each employee has ~ rest period of at least eight consecutive hours free from work between each shift worked.

(2) Where, on the application of an employer, the Director is satisfied that the rest period" of eight consecutive hours referred to in subsection (1) would impose an unreasonable hardship on the employer because of the specific circumstances surrounding a specific project or piece of work, the Director may order that the rest period be shortened to six consecutive hours for the period of time during which he considers the specific circumstances will continue to exist. 15

(1) Uhere an employee works a split shift, the employer shall limit the employee's standard hours of work ;:0 the 12 hours immediately following co~encement of his shift. - 18 -

Employment Standards Act

Chapter 5 16

(1) Where the Director is satisfied after such inquiry as he considers adequate, that the hours of work of an employee are excessive or are detrimental to the employee's health or safety he may, by order, (

a) require an employer to lim1t the daily or weekly hours of work or both to not less than eight in a day or 40 in a week, (

b) require the employer to post and keep posted a copy of the orcier in a conspicuous place to which all employees have ready access to read the order, and (

c) allow the employer to exceed the limit of hours of work of employees estab 11 shed under pa ragraph (

a) under such conditions and for such periods of t1me as the Director I considers appropriate.

PART 3 MINIMUM WAGES 17

(1) SubjeCt to this Part, an employer shall pay to each employee who is seventeen years of age or over a wage at the rate of not less than the equivalent of that rate for the time worked by him. 18

(1) The Board may, from time to.itime, +' \\A-~ UA.ll.L.l Ol'\-;~ 'bcL<:.\':. 0-\' .l.tYI€ "Si. ""\'(\ I'" ---r v (

a) fix tile minimum......ho~age.! to be paid by employers to employees. and (

b) fix the amount by which the wages of an employee may be reduced for any pay per10d below the min1mum wage. either by deduct10n from wages or by payment from the employee to the employer, where board or lodging or both are furnished by or on behalf of an employer to an employee, if the arrangement is accepted by such employee.

(2) Where on the appl1cation of the Director or an employer, employee or trade union representing employees d1rectly affected by the matter. the Board deems it necessary, it may (

a) require employers to pay employees who report for work at the call of the employer \~ages for such minimum number of hours as may be prescribed whether or not the employee is called upon to perform any work after so reporting for work; - 19 -

Emoloyment Standards Act

Chapter 5 (

b) fix the maximum price to be charged for board, whether full or partial, supplied by or on behalf of an employer to an employee, and the maximum deduction to be made in respect of board from the wages of the employee by the employer; (

c) fix the maximum price~o be charged for living quarters:; either permanent or temporary, furnished by or on behalf. of an employer to an employee, whether or not such quarters are self-contained and whether or not the employer retains general possession and custody of them, or the maximum deduction to be made in respect of the quarters from the wages of the employee by the employer; (

d) fix the charges or deductions for furnishing uniforms or other articles of wearing apparel that an employer may require an employee to wear, and require an employer in any specified circumstances to provide, maintain or launder uniforms or other articles of wearing apparel that he requires an emp.loyee to wear; (

e) fix the charges or deductions for furnishing any tools or equipment that an employer may require an employee to use and for the ma i ntenance and repa i r of ~ny such too I s or equipment; (

f) specifying the circumstances and occupations in which persons under seventeen years of age may be employed by an employer, fixing the conditions of such employment a~d prescribing the minimum wage for such employment; and (

g) exempting, upon such terms and conditions and for such periods as are considered advisable, any employer from the application ef subsection 17(1) in respect of any class of employees who are being trained on the job, if the training facilities provided and used by the employer are adequate to provide a training program that will increase the skill or proficiency of an employee.

(3) On an application pursuant to subsection (2) the Board may expand the scope of its inquiry into the matter to include all employers and employees or one or more classes of employers or employees. - 20 -

Employment Standards Act

Chapter 5

(4) Where the wages of an employee. are computed. and pa i d or: a basis other than time or on a combined basis of time and some other basis, the Board may, by order (

a) fix a standard basis of work to which a minimum wage on a basis other than time may be applied, and (

b) fix a minimum rate of wage that in its opinion is the equiva 1 ent of the m1 nimum rate set forth in paragraph (l)(a).

(5) Subject to this Part, an employer shall pay to each employee who is paid on a basis other than time a wage at a rate not less than the minimum rate fixed by the order under subsection (4).

(6) No employer shall employ a person under seventeen years of age (

a) in such occupations as may be prescribed by the regula­ tions; (

b) at a wage less than the minimum wage prescr1bed by the regulat10ns for the occupation in which such person is employed; or (

c) contrary to such conditions as may be prescribed by the regulations.

(7) Any order of the Board made pursuant to this

section shall not come into effect unt i1 it has been approved by the Corrunis­ sioner in Executive Council.

PART 4 ANNUAL VACATIONS 19

(1) In this Part "vacation pay" means four percent of the wages of an employee during a year of employment in respect of which he is entitled to a vacation; and "year of employment" means the conti nuous employment of an emp 1 oyee by one employer for a peri od of twelve consecut i VE: months beg; nn; n9 with the da te the ernp 1 oyment began or any subsequent anniversary date thereafter. - 21 -

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(1) This Part applies to all employees. including employees who are employed on a part-time, seasonal or temporary basis.

(2) This Part does not apply to an employee who is a member of the employer's family. 21

(1) Subject to this Part. every employee is entitled to and shall be granted a vacation with vacatio.n pay of at least two weeks in respect of every completed year of employment.

(2) Vacation pay shall be deemed to be wages. 22

(1) The employer of an employee who under this Part has become entitled to a vacation with vacation pay (

a) shall grant to the employee the vacation to which he is entitled. which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and (

b) shall. at least one day before the beginning of the vacation. or at such earlier time as the regulations prescribe. pay to the employee the vacation pay to which he is entitled in respect of that va~ation. 23

(1) An employer and employee may enter into a written agreement whereby the employee '001111 not take the annual vacation to which he is entitled under secti.on 21.

(2) Where an employer and an employee enter into a written agree­ ment pursuant to subsection (1). the employer is not subject to the provisions of

section 22 with respect to that employee.

(3) Where an agreement referred to in subsect i on (1) is entered into, the employer shall, within ten months after the date on which the employee became entitled to the vacation, pay to the employee in addition to any other amount due to him, his vacation pay for the year inunediately preceding the date on which he became entitled to the· vacation. 24

(1) Where a general holiday occurs during the vacation granted to an employee pursuant to this Part, the vacation to which the employee is entitled under this Part shall be extended - 22 -

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Chapter 5 by one day, and the employer shall pay to the employee, in addition to the vacation pay, the wages to which the employee is entitled for that general holiday. 25

(1) Where the employment of an employee by an employer is termin­ ated before the completion of the employee's year of employ­ ment, the employer shall, within three days from the date of termination, pay to the employee (

a) any vacation pay then owing by him to the employee under this

Part in respect of any prior completed year of employmenti and Cb) four percent of the wages of the employee during the completed portion of his year of employment.

(2) Notwithstanding paragraph (1)(b), an employer is not required to pay an employee any amount under that paragraph unless the employee has been continuously employed by him for a period of ten working days or more. 26

(1) In this section, "transfer" in relation to a business includes a sale, lease or other disposition of the business and a merger of the business with another business. and "transfers" and "transferred u have corresponding meanings.

(2) For purposes of this Part, where an employer employs an employee in connection with a business, and the employer transfers the bUSiness to another employer, the employment of the employee by the two employers before and after the trans­ fer of the bUSiness shall, notwithstanding the transfer, be deemed to be continuous with the employer to whom the business is transferred. 27

(1) The Commissioner in Executive Council may make regulations for carrying out the purposes and proviSions of this Part and, without restricting the generality of the foregoing, may make regulations (

a) prescribing the notices to be given to or by employees of the times when vacations may be takeni (

b) defining the absences from. employment that shall be deemed not to have interrupted continuity of employmenti (

c) providing for the application of this Part where, owing to illness or other unavoidable circumstances, an employ­ ee has been absent from his employment. - 23 -

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PART 5 GENERAL HOLIDAYS 28

(1) In this Part "continuous operation" ineans an operation or service nonnally carried on without regard to Sundays or public holidays.

(2) For the purposes of this Part a person 1s deemed to be in the employment of another person when he is available at the call of such other person whether or not he is ca 11 ed upon to perform any work. 29

(1) Subject to this Part, every employer shall give to each of his employees a hol iday with pay in respect of every general holiday falling within any period of their employment.

(2) Where a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a hol iday wHh pay on the working. day immediately following the general holiday. 30

(1) Subject to subsection (2), (

a) an employee whose wages are calculated on a weekly or monthly basis shall not have his weekly or monthly· wages reduced for a week or month in whf ch a genera 1 ho 1 i day occurs by reason only of his not working on the general holiday. (

b) an· employee whose wages are calculated on a daily or hourly basis shall, for a general holiday on which he does not work, be paid at least the equivalent of the wages he would have earned at his regular rate of wages for his normal hours of work. and (

c) an employee whose wages are calculated on any basis other than a basis referred to iri paragraphs (

a) or (

b) shall, for a general holiday on which he does not work, be pa1d at least the equivalent of his daily wages, based.upon the average of his daily wages, exclusive of overtime or bonus, for the week in which such general holiday occurs. - 24 -

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(2) An employee who works less than the standard hours of work or who works irregular hours shall be paid at least the equiva­ lent ef the wages he would have earned for the average number of hours he worked on each work i ng day duri ng the two-week period immed1ate1y preceding the week in which the general ho 1 i day fa 11 s. 31 (1) Subject to sect10n 36, an employee who is required to work on a day in respect of which he is entitled under this Part to a ho1 iday with pay shall be paid, in addit10n to his regular payment made in accordance with sect10n 30. at a rate at least equal to the applicable overtime rate. 32 (1 ) An emp 1 oyee who is not requ i red to work on a genera 1 ho 1 i day shall not be required to work on another day that would otherwise be a non-working day in the week in which that holiday occurs, unless he is paid at a rate at least equal to the applicable overt1me rate. 33

(1) Pay granted to an employee in respect of a general holiday on which he does not work shall be deemed to be wages. 34

(1) No employee 'is entitled to be paid in respect of a general holiday on which he does not work (

a) where the general holiday occurs during the f1rst 30 days of his employment by an employeri (

b) where he did not report for work on that day after having been called to work on that daYi or (cl where, without the consent of his employer, he has not reported for work on either his last regular working day preceding or his first regular working day following the general holiday, except where his absence was permitted by this Act. 35

(1) Where an employee employed in or in relation to custodial work, essent1al services, or a continuous operation is re­ quired to work on a day that is a holiday under this Part, he shall, in addition to his regular rate of pay for the hours worked by him on that day, (

a) be paid not less than the app1 fcab1e overtime rate for all hours worked by him on that day, or - 25 -

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Chapter 5 (

b) be given a holiday with pay in accordance with

section 29 at some other time which may be added to his annual vacation or granted as a ho 1 i day with pay at a time convenient to him. 36

(1) Notwithstanding any other provision contained in this Part. where employees of an employer are represented by a trade union for the purpose of bargainfng collectively and the employer and the ~rade union so agree in writfng. or where employees of an employer are not so represented and the employer and a majority of the employees so agree in writing. a general holiday shall be·observed by such employees on a specific working day other than the general holiday.

(2) Where an employer and a trade union or a majority of em­ pl oyees. as the case may be. make an agreement pursuant to subsection (1) with respect to.a general holiday. the working day specified in the agreement shall be deemed to be. the general holiday for the purposes of this Part.

PART 6 MATERNITY LEAVE 37

(1) An employee is entitled to a leave of absence from work. wfthout pay. in accordance with subsection (2) where the employee (

a) has completed 12 months of continuous err.ployment by an employer. (

b) submits to her employer a written request for leave under thi s subsection at 1 east four weeks before the day on which she intends to commence such leave. and (

c) provides her employer with a certificate of a qualified medical practitioner stating that she is pregnant and estimating the probable date of birth of the child.

(2) The leave of absence to which an employee is entitleo pursuant to subsection (1) shall consist of period of 17 weeks or such shorter period as the employee may request and is agreed to by her employer. - 26 -

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(3) An employee who has, pursuant to subsection (1), requested a 1 eave of absence for a peri od may, wHh the consent of her employer, resume employment before the expiration of that period.

(4) Where an employee gives birth or the pregnancy is terminated before a request for .leave is made under subsectipn (1), the employer shall, on the employee's request and on receipt of a certificate of a Qualified medical practitioner stating that the employee has given birth or the pregnancy terminated on a specific date, grant the employee a leave of absence from work, without pay, for a period of six consecutive weeks, or such shorter period as the employee may request, commencing on the specified date. 38

(1) An employer may, at any time within the period of six weeks preceding the probable date of birth of the child, require an employee to commence a leave of absence under

Section 37. )

(2) Where ~he duties of the employee cannot reasonably be per- formed because of the pregnancy, an employer may at any time, with the consent of the Oi rector, requi re an employee to commence a leave of absence under

Section 37.

(3) Where an employer requires an employee to commence a leave of absence pursuant to subsection (1), the provi si ons of thi s Part apply with all necessary changes to that leave of ab­ sence. 39

(1) The services of an employee who is absent from work in accor­ dance with this Part shall be considered continuous for the purpose of this Act.

(2) Section 26 applies to this Part. 40 (1 ) An employee who resumes employment on the exp i ra t i on of the leave of absence granted in accordance with this Part shall be reinstated in all respects by the employer in the position occupied by her on the date such leave commenced, or in a comparable position.

(2) An employer who reinstates an employee pursuant to subsection (1) shall pay the employee not less than the wages and bene­ fits that had accrued to her on the date the leave of - 2i -

Employment Standards Act

Chapter 5 absence conunenced and a 11 increments to wages and the benefi ts to which the employee would have been entitled had the leave not been taken.

(3) Where the employer has suspended or discontinued operations during the leave of absence granted under this Part and has not resumed operations on the expiry of the leave of absence, the employer shall, on resumption of operations and subject to any seniority provisions in a collective agreement, comply with subsection (1). 41

(1) An employer shall not terminate an employee, or change a condition of employment of an employee without the employee's written consent because of an absence authorized by this Part or because of the employee's pregnancy, unless the employee has been absent for a peri od exceedi n9 that permi tted under this Part. 42 (

l) Where the Oi rector is sati sfi cd that an employer has contra­ vened this Part, he may make one or more orders requiring the employer to do one or more of the following: (

a) comply with this Part; (

b) remedy or cease dOing

an act; (

c) reinstate an employee and pay her any wages lost by reason of the contravention; (

d) instead of reinstating her, pay an employee compensation in respect of wages lost by reason of the contravention.

PART 7 EQUAL PAY 43 (

l) No employer or person acting on behalf of an employer shall discriminate between his male and female employees by paying a female employee at a rate of pay less than the rate' of pay paid to a male employee, or vice versa, employed by him for similar work performed in the same establishment under similar working conditions and the performance of which requires similar skill, effort and responsibility, except where such payment is made pursuant to - 28 -

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Chapter 5 (

a) a seniority system; (

b) a merit system; (

c) a system that measures earnings by quality or quantity of production; or (

d) a differential based on any factor other than sex. 44

(1) No employer shall reduce the rate of pay of an employee in order to comply with

section 43. 45

(1) No organization of employers or employees, as the case may be, or its agents shall cause or attempt to cause an employer to pay his employees rates of pay that are in contravention of

section 43. 46

(1) Where an employer has not complied with

section 43 the Direc­ tor may determine the amount of monies owing an employee and such amount shall be deemed to be unpaid wages.

PART 8 TERMINATION OF EMPLOYMEIIT 47

(1) In this Part. 48 (1) (a) "temporary layoffn means an interruption of an employee's employment by an employer for a period (

i) not exceeding 13 weeks of layoff in a period of 20 consecutive weeks. or (if) exceeding 13 weeks of layoff. where the employer recalls the employee to employment within a time fixed by the Director; (b) "terminate" includes This (a) (b) (cl (

i) a layoff of an employee from employment, other than a temporary layoff, or (ii) the alteration of a condition of employment that the Director declares to be a termination of an emp 1 oyee 's emp 1 oymen t . Part does not apply to the construction industry; a seasonal or intermittent undertaking that operates for less than six months in a year; an employee discharged for just cause; - 29 -

Employment Standards Act

Chapter 5 (

d) an employee whose employer has failed to abide by the terms of the employment contract; (

e) an employee on temporary layoff; (

f) an employee employed under a contract of employment that is impossible to perform due to an unforeseeable event or circumstance; or (

g) an emp 1 oyee who has been offered and who has refused reasonable alternative employment by his employer.

(2) Section 26 applies to this Part.

(3) Sections 49 to 56 do not apply to an employee who is repre­ sented by a trade union for the purpose of bargaining col­ lectively. 49

(1) Where an employee has completed six consecutive months of employment with an employer, Ca) the employer shall not terminate the employment of the employee without giving the employee one week's notice in writingi and (

b) the employee shall not terminate his employment with the employer without giving the employer one week's notice in writing.

(2) The period of notice presc~ibed in subsection (1) shall not coincide with an employee's annual vacation. 50

(1) Where an employer terminates the employment of an employee without having given the notice required by

section 49 he shall pay to the employee one week's wages at his regular rate of pay for his normal hours of work. 51

(1) Where an employee terminates his employment \~ith an employer without having given the notice required by

section 49, the emp 1 oyer may, with the consent of the emp 1 oyee, deduct from the wages due to the employee an amount equa 1 to one week's wages of the employee at his regular rate of pay for his normal hours of work.

(2) Where an employee to whom subsection (1) appl ies does not consent to the deduction from his wages of the amount referred to in subsection (1), the employer shall pay that amount to the Director. - 30 -

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(3) Where the Director receives the payment of an amount pursuant to subsection (2), he shall investigate the matter and may make one or more of the following orders: (

a) determining whether the employee was required by this Part to give notice pursuant to

section 49. (

b) to repay the amount to the employer. or (

c) to pay the amount to the employee where

section 49 does not apply or where it would be inequitable in the circum­ stances to deprive the employee of his wages. 52

(1) Where an employer temporarily lays off an employee and the layoff exceeds a temporary layoff, the employee shall be deemed to have been terminated at the conunencement of the temporary layoff and the employer shall pay the employee the amount required by

section 50.

(2) Where subsection (1) appl ies to the temporary layoff of an employee by an employer, the employer may, wfth leave of the Board, extend the perfod of the temporary layoff of the employee for such period of tfme as the Board may order. 53

(1) Where the notice referred to in sectfon 49 has been given, the employer shall not, without the consent of the employee. alter his rate of wages or any other term or condition of his employment. 54 (1 ) Where an employee cont i nues to be emp 1 oyed after the exp i ryof the per;od of notice given under

section 49. the notice is without effect. 55

(1) Where an employer has substantially altered a condition of employment and the Director is satisfied that the purpose of the alteration is to discourage the employee from continuing in the employment of the employer. he may declare that the employer has terminated the employment of the employee. 56

(1) Where the Director is satisfied that an employer has contra­ vened this Part. he may make one or more orders requiring the employer to do one or more of the following: (

a) comply with this Part. Cb) remedy or cease doing

an act. or (

c) pay any wages lost by reason of the contravention. - 31 -

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(1) Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of 25 or more employees shall, in addition to any notice required to be given by him under

section 49, give notice to the Director of his intention to do so (

a) at least four weeks before the date of the termination where not more than 49 and not less than 25 employees are terminated; (

b) at least eight weeks before the date of the termination where not more than 99 and not less than 50 employees are termi na ted; (

c) at least 12 weeks before the date of the terminat10n where not more than 299 and not less than 100 employees are term1nated; and (

d) at least 16 weeks before the date of the term1nation where 300 or more employees are terminated.

(2) Any employer who. either simultaneously or within" any per10d not exceeding four weeks, places a group of 50 or more employ­ ees on temporary layoff shall give notice to the Director of his intention to do so at least four weeks before the date of the temporary layoff.

Part 9 SPECIAL LEAVE WITHOUT PAY 58

(1) No employer shall dismiss or layoff an employee solely because of his absence due to illness or injury if the period of absence does not exceed the employee's entitlement under subsection (2).

(2) An employee'S entitlement under subsection (1) with respect to an employer is one day ~Iithout pay for every month he has been employed by that employer less the number of days on \~hich the employee has previously been absent due to illness or injury. but an employee's maximum net entitlement at any time under this subsection shall not exceed six days; - 32 -

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(3) An employer may request that an employee claiming to be entitled to the benefit of this Part produce the certificate ef a qualified medical practitioner as a condition of his entitlement. 59 (If- In this section, "irrmediate famfly" means a spouse, parent, '<1 child, including a child to whom the employee stands in the place of parent, sister, brother, mother-in-1a~I, father-in-law, common-law spouse, and any relative permanently residing in the employee's household or with whom the employee resides.

(2) In the event of the death of a member of his immediate family, every employee is entitled to and shall be granted bereavement leave without pay for up to three days that -occur during the period commencing the day of the death and ending two days after the funeral. 60 (1): Where the Director is satisfied that an employer has contra­ vened this Part, he may make one or more orders requiring the employer to do one or more of the following: (

a) comply with this Parti (

b) reinstate an employee and pay him any wages lost by reason of the contraventioni or (

c) instead of re1nstating him, pay an employee compensation in respect of wages lost by reason of the contravention. (2)"

Section 26 applies to this Part.

PART 10 PAYMENT OF WAGES 61

(1) Every employer shall keep records relating to the wages of his employees, their hours of work, and the general holidays, annual vacations and conditions of employment of his employ­ ees.

(2) Every employer shall keep the records referred to in subsec­ tion (1) in his pr1ncipal place of business in the Territory. • 33 .

Employment Standards A~t

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(3) The Director may require an employer to supply any information referred to in subsection (1) by a notice to that effect served persona lly or sent by. certifi ed ma il addressed to the last known address of the employer, and the employer shall supply the information within such reasonable time as is specified in the notice. 62

(1) Every employp.r shall. at least once in each month. furnish to each employee a statement in writing setting out: (

a) the period for which the payment of wages is made: (

b) the number of hours for which payment is made; (

c) the rate of wages; (

d) details of the deductions made from the wages: and (

e) the actual sum being received by the employee. 63

(1) Subject to subsection (2) an employer shall. not later than seven days after the expiration of each pay period. pay to his employees all wages, other than vacation pay. owing to him in respect of such pay period.

(2) When the employment of an employee is terminated at any time. the employer shall pay to the employee within three days from the date of termination all wages then owing to him. 64

(1) An employer shall pay all wages (

a) in lawful currency of Canada, (b). by cheque. bill of exchange or order to pay. payab I e on demand. drawn on a savings institution. or (

c) by deposit to the credit of the employee'S account in a savings institution designated by the employee. 65

(1) Where an employer is required to pay wages to an employee. and the employee cannot be found for the purpose of making such payment. the employer shall. within six months after the wages became due a:1d payable, pay the wages to the Oi rector. and payment made to the Director shall be deemed payment to the employee.

(2) Any amount received by the Director under subsection (1) shall be trust money under the Financial Aciministration Act and sha 11 be depas i ted in an account to be known as the Yukon - 24 -

Employment Standards Act

Chapter 5 Employment Standards Act Suspense Account and the Director may authorize payment out of the account to, or on behalf of, any employee whose wages were held therein.

(3) The Director shall keep a record of receipts and disbursements in respect of the Yukon Employment Standards Act Suspense Account.

(4) Where, upon the expiration of three years from the date the Director received a payment under subsection (1), no claim has been made by the employee entitled thereto for such wages, the amount so held shall, upon the order of the Commissioner fn Executive CounCil, be forfeited to and become the property of the Government of Yukon.

PART 11 ADMINISTRATION AND GENERAL

Part 11, Division 0) - INVESTIGATION OF CQMPLArrm 66

(1) The Director may require an employer to post and keep posted a notice relating to the administration or enforcement of thfs Act or the regulations in a conspicuous place where it is most likely to come to the .attention of his employees, and the employer shall post and ;keep posted any such notice. 67

(1) The Executive Council Member shall designate a person in the public service to be the the Director to administer this Act. who shall have such powers and perform such functions and duties as are conferred by this Act, including all of the powers of an Employment Standards Officer.

(2) The Deputy Head of the department responsible for the admini­ stratfon of this Act shall designate persons in the public service to be Employment Standards Officers to administer thfs Act, who shall have such powers and perform such functions and duties as may be conferred by this Act. - 35 -

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(3) For the purposes of enforcing this Act, the regulations, or any order made under this Act or the regulations, an Employ­ ment Standars Officer shall conduct such investigations as may be necessary and may (

a) at any reasonable time, enter any place to which the public is customarily admitted; (

b) with the consent of an occupant apparently in charge of the premises, enter any other place; (

c) for his examination, request the production of documents or things that are or may be relevant to his investiga­ tion; and (

d) upon giving a receipt therefor, remove from any place documents produced in response to a request under para­ graph (

c) for the purpose of maki ng copi es of them or extracts from them.

(4) An Employment Standards Officer who removes documents pursuant to paragraph (3)(

c) shall return those documents within 72 hours of the time when he removes them.

(4) An Employment Standards Officer acting under subsection (3) shall not, without the consent of the occupier, ~nter a place that is being used as a dwelling, except under the authority of a warrant to enter issued under subsection (7).

(5) Where any person who has or may have documents or other things that are or may be relevant. to the investigation denies the investigating Employment Standards Officer entry to any place, instructs the Officer to leave any place, or impedes or prevents an investigation by the Officer in a place, the Employment Standards Officer may apply to a justice of the peace for a warrant to enter under subsection (7).

(6) If a person refuses to comply with a request of an Employment Standards Officer for production of documents or things. the Employment Standards Officer may apply to a justice of the peace for an order for the producti on of the documents or things. (7) ~Ihere a justice of the peace is satisfied by evidence upon oath or affirmation that there are reasonable grounds to bel ieve it is necessary that ii place being used as a dl1ell ing, or to which entry has been denied, be entered to investigate - 36 -

Employment Standards Act

Chapter 5 (8) any matter under this Act, he may issue a warrant, to enter in the prescribed form authorizing entry by any Employment Standards Officer named in the warrant.

Where a justice of. the peace is satisfied by evidence on oath or affirmation th~t a request under subsection (3)<for produc- ~.~,1 .! ~ .~ t10n of a document or thing has been refused and that there are reasonable grounds to believe that production of the , document or thing is necessary to investigate any matter under this Act. he may make an order for the production ef documents in the prescribed form authorizing any Employment Standards Offfcer named in the order to seize the documents or things described in the order.

(9) An order under subsection (8) for the production pf documents or other things may be included in a warrant to enter issued under subsection (7) or may be made separately from such a warrant.

(10) A warrant issued under subsection (7) and any separate order made under subsection (8) shall be executed at such reasonable time as shall be specified in the warrant or order.

(11) Every warrant issued under subsection (7) and every separate order made under subsection (8) shall name a date 'on which it expires, which shall be a date not later than 14 days after it is issued or made.

(12) An Employment Standards Officer shall be supp11ed by the Executive Council Member with a certificate of his authority. and on entering any place shall. if so requested. produce the certificate to the person who asks to see evidence of his authority. 68

(1) An Employment Standards Officer may administer all oaths and take and receive all affidavits and statutory declarations. 69

(1) Where an Employment Standards Officer fi nds that 'an employer has failed to pay an employee any wages due to the employee, the Employment Standards Officer may determine the difference between the wages actually paid to the employee and the wages to which the employee is entitled and. if the amount of the difference is agreed to in writing by the employer and the employee, the employer shall, within three days after the date - 37 -

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Chapter 5 of the agreement, pay that amount .to the employee or, 1f the Di rector so orders, to the 01 rector ~/ho sha 11 pay it over to the employee forthwith upon the receipt thereof by him.

(2) When an employer has made payment of the wages agreed to be due in accordance with subsection (1), no prosecution for failure to pay an employee the full wages to which he was entitled under this Ac~ shall be instituted against the employer. 70 (

I) A complaint under this Act shall be made to the Director or an Employment Standards Officer (

a) in respect of wages alleged to be due, wi th in one year after the last date on which payment of the wages was to be made to an employee and an employer failed to make it, or (

b) in respect of other matters, within one year after the date on which the subject matter of the complaint arose. 71 (

I) Where the complainant makes a request to the Director or an Employment Standards Officer that his name. and identity be withheld, it shall not be disclosed to any person except where disclosure (

a) is necessary for the purposes of proceedi ng under th i s Act; or (

b) is considered by the Director or the Board to be in the public interest. 72 (

I) On receiving a complaint within the time permitted under

section 70, the Director or an Employment Standards Officer shall investigate the complaint.

(2) Notwithstanding subsection (l), the Director may (

a) refuse to investigate a complaint where he considers that the complaint is frivolous, vexatious, trivial or has not been initiated in good faith, and (

b) cease investigating a complaint where, in his opinion, there is insufficient evidence to substantiate the complaint. - 38 -

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(3) The Director may institute an invest1gation w1thout receiving a complaint where he considers 1t necessary to determine that the requirements of this Act are being comp11ed with.

(4) The D1rector may, on application to him or on h1s own motion, recons1der a decision, order, author1zation or direction made by him and may vary or revoke his decision, order, authoriza­ tion or direction;

(5) For the purposes of this Act, the Director has the protection, privileges and powers of a Board appointed under the Public Inquiries Act. 73

(1) Where the D1rector is unable to resolve a complaint made under this Act he may refer the matter to the Board for a decision. 74

(1) A person affected by a decision, order, authorizat1on or direction made by the Director may appeal to· the Board. '.,

(2) An appeal must be made in writ1ng and delivered to the Dfrec­ tor within 14 days after the date of the decis10n, order, authorization or d1rection of the D1rector.

(3) Where the Director receives an appeal pursuant to subsect10n (2), he shall forward the appeal forthwith to the Board

(4) An appeal may, with leave of the Board, be taken after the expiration of the time set by subsection (2). 75

(1) Where the Board considers an appeal made to it under

section 74, it may deny or allow the appeal in whole or in part and may make any order that it considers the Director ought to have made.

Part 11, Division (2) - CERTIFICATE FOR WAGES 76

(1) Where the Director is satisfied that wages are due to an employee from an, employer he may ·serve on the emploY,er a demand that the employer pay to the Director the amount of the wages due. - 39 -

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(2) An employer who receives a demand frorn the Director pursuant to subsection (1) shall, within 14 days of the date on which the demand is served on him, (

a) pay the amount set out in the demand, or (

b) serve the Director with a notice that he disputes or disagrees that the amount set out in the demand is due.

(3) Subject to subsection (4), where an employer fa11s to comply with paragraph (2)(

a) or where the employer serves a notice under paragraph 2(

b) and the Director is unable to resolve the dispute or disagreement, the Director may issue a certificate showing the amount of wages that in his opinion is owed by the employer to the employee.

(4) The Director shall not issue a certificate pursuant to subsec­ tion (3) with respect to wages due from an employer to an employee until (

a) he has obtained a statutory declaration from the employee or his authorized representative setting out the parti­ culars of the wages due, (

b) a copy of the statutory declaration has been served on the employer, and (

c) five days have elapsed since the date on which the statutory declaration was served on the employer.

(5) The Director may file the certificate issued under subsection (3) in the office of the Clerk of the Court, and when so filed the certificate shall be deemed to be a judgment of the Court in favour of the employee named in the certificate against the employer named therein and may be enforced as a judgment of the Court by the employee or by the Director on behalf of the employee against the employer for the amount shown in the certificate.

(6) Where the Director has filed a certificate in accordance with subsection (5), he shall "forthwith serve the employer and each employee named in the certificate with a notice setting out (

a) the amount of wages shown in the certificate that is owed or will become owing by the employer to the employee; (

b) the date on which the certificate was filed; and - 40 -

Employment Standards Act

Chapter 5 (

c) that if the employer or any employee named in the certi­ ficate desires to dispute or disagree with any amount shown in the certificate he may, within 14 days after the notice is served upon him, appeal to the Board. 77

(1) Where the employer or an employee named in the certificate filed in accordance with subsection 76(5) disputes or dis­ agrees wi th the amount of the wage that is shown in the certificate, the employer or employee may, within 14 days after being served w1th not1ce of the f1ling of the certif­ icate apply to the Board to have the amount of the wages shown 1n the certificate rev1ewed.

(2) An applicat10n under subsection (

l) shall be served on the Director and the'respondent employee or employer.

(3) The Board shall begin its hearing with1n 14 days of receiving the app11cation under subsection (1).

(4) Subject to subsection 91(1), the Board shall determ1ne the amount of the unpaid wages due and ow1ng to an employee named in the certificate and shall malee any amendment required to the, certificate 1n order to make the cert1f1cate accord with its decision.

(5) Where ,~n employer or an employee affected by the decision of the Board made pursuant to subsection (4) d1sputes or dis­ agrees:',with the decis1on, he may, within 14 days after being served'with notice of the decision, apply to the Court to have the amount of wages shown in the cert1ficate reviewed.

(6) An application under subsect10n (5) shall be made in accord­ ance with the Rules of Court by originating notice which shall be served on the Board, the Director and the respondent employee or employer.

(7) The Court shall consider the appl ication and make such order as it deems appropriate, including any amendment required to the certificate to malee the cert1ficate accord with the order. - 41 -

Employment Standards Act

Chapter 5 78

(1) After the Director has issued a certificate pursuant to

Section 76 the employee shall not, without the written consent of the Di rector, conunence any other proceedi ng to recover unpaid wages unless the certificate is cancelled and not replaced under

section 76 • .... .,.':. 79

(1) Notwithstanding any}other provision in this Act or any pro- vision in any other ·Act, the directors of a corporation are jOintly and severally liable to an employee of the. corporation for all debts, not exceeding two months wages, due for ser­ vices performed for the corporation and not exceeding 12 months vacation pay earned by the employee while they are the directors.

(2) Where wages that are owed to an employee by an employer that is a corporation are due and unpaid after 30 days from the date on which the employer is served with notice under sub­

section 76(6) that a certificate in respect of the unpaid wages has been filed, the Director may file with the Clerk of the Court (

a) a copy of the certificate setting out the date on which notice of the filing of the certificate was served on the employer, (

b) a statement to the effect that wages in a stated amount are due and unpaid by the employer after 30 days from the date on which: the notice referred to in clause (

a) was ,. served, and (

c) a:.list of the; .. directors of the corporation who,. in the oPinion of the .Director, are liable under subsection (1) for the unpaid wages of the employee named in the certi­ ficate.

(3) Where the documents mentioned in subsection (2) are ffled by the Director in accordance with that subsection, the certifi­ cate shall be deemed to be a judgment of the Court in favour of each employee named in the certificate against the direc­ tors n~med in the list for the amount set out in the statement and the certificate is enforceable as a judgment of the Court.

(4) Section 77 applies with all necessary changes in respect of a certificate filed under this section. - 42 -

Employment Standards Act

Chapter 5

(5) Where a director pays a debt referred to in subsection (1) to an employee, (

a) he is er.titled to the same preference that the employee is entitled to under this Act for purposes of recovering the amount of the debt from the corporation, and (

b) he is e.ntitled to an assi,gnment of any judgment in the ,. Court in· favour of the .employee in respect of the debt • . 80

(1) Where a certificate has been filed under

section 76 the amount of wages. shown in the certificate in respect of the employees named therein shall be paid by the employer to the Director and the receipt of the Director for any moneys paid to him pursuant to this

section is a good and sufficient discharge of the liability of the employer making the payment to the extent of the amount shown in the receipt. 81

(1) Where .the Director has reason to believe that any person, including the Government of Yukon and its agencies, is or is about to become indebted to an employer named in a certificate made under

section 76, the Director may serve a demand in wrf ti ng on that person requf rf ng that the money otherwfse payable by h1m to that employer be pafd to the Dfrector to the extent of the liabilfty of that employer pursuant to the certificate.

(2) Where.a demand is made under subsection (1), the person to whom the demand is made (

a) shall pay the amount of money demanded by the Director 01' the amount due from the person to the employer, whichever is the lesser amount, to the Director, and (

b) shall not, except with the .written consent of the Direc­ tor, pay the money demanded to any person other than the Director.

(3) The Di rector sha 11 depos i t any amount recei ved under sub­ section (2) in the Yukon Employment Standards Act Suspense Account referred to in subsection 65(2), and he has the same powers. and duties in relation thereto as prescribed in sub­ sectio'ris 65(2) and (3). - 43 -

Employment Standards Act

Chapter 5 (4) ihe receipt of the Director for money paid under subsection (1) constitutes a good and sufficient discharge of the lia­ bility of the person to the employer named in the certificate to the extent of the amount referred to in the receipt.

(5) Hhere a demand: made on a person pursuant to subsection (1) is not honoured+~nd the Director is satisfiecihthe person is indebted to the employer named in the certificate, the Direc­ tor may enforce recovery of the amount as if it were unpaid wages and may issue a certificate showing the amount that in his opinion is owed by the person to the employer.

(6) A certificate issued pursuant to subsection (5) may be filed In the office of the Clerk of the Court pursuant to subsection 76(5) and the provisions of this

section and sections 78, 80, 83, 84 and 85 apply in respect of the certificate.

(7) Where a person upon whom a demand is made pursuant to sub­ section (1) denies being indebted to the employer named in the certificate, the Director may require that person to produce such information as the Director considers necessary to establish that there is no indebtedness. 82

(1) Where·the Director has received moneys pursuant to sect10n 81, he shall forthwith send by certified mail to the employer and the employee named in the certificate a notice' .stating (

a) the date 'of receipt of the moneys, ';', (

b) the amount received, i:': (

c) the amount payable to the employees under the certifi- cate, and (

d) that unless the employer notifies the Director w1thin 14 days of the date of the notice that he disputes the amount payable to the employee, the Director will pay the amount paid to him pursuant to

section 81 or the amount claimed by the employee, whichever is the. lesser amount, to the employee under the expiry of the 14 day period.

(2) Unless the employer upon whom a notice is served pursuant to subsection (1) notifies the Director within the period men­ tioned in that subsection that he disputes the amount payable to the employee, the Director shall, upon the expiry of the 14 - 4t -

Emplovment Standards Act

Chapter 5 day period, pay the amount paid in pursuant to

section 81 or the amount claimed by the employee whichever is the lesser amount, to the employee.

(3) Where an employer notifies the Director that he disputes' the amount payable to the employee, the Di rector sha 11 dec i de' the dispute. 83

(1) Subject to

section 84 and notwithstanding the provisions of any other Act and except upon a distribution made by a trustee under the Bankruptcy Act, wages shall have priority over the claims or rights, and be paid in priority to the claims or rights, including the claims or r1ghts of the Government of Yukon, of all preferred, ordinary or general creditors of the employer. 84

(1) Unpaid wages set out in a certificate as being due from an employer to an employee constitute. lien, charge and secured debt in favour of the employee against all the real and personal property of the employer including money due or accruing due to the employer from any source.

(2) Notwithstanding any other Act, the amount of a lien, charge and secured debt referred to in subsect10n (1) is payable and enforceable in priority over all l1ens, judgments, charges or any other claims or rights including those of the Government of Yukon " (

a) of all preferred, ordinary or general creditors of 'the employer whether made or created before or after the date the wages were earned or the date a payment for the benefit of an employee became due; and (

b) of all secured creditors of the employer where the security was made or created after the date the wages were earned or the date a payment for the benefit of an employee became due.

(3) Notwithstanding subsection (2), the lien, charge and secured debt referred to in subsection (1) does not have a priority over a mortgage of land or a debenture charging land that was registered in a land title office before the filing of the certificate pursuant to subsection 76(5), except with respect to money advanced under the mortgage or debenture after the certificate was filed. - 45 -

Employment Standards Act

Chapter S 8S

(1) Where in the opinion of the Director an employer is indebted or is likely to become indebted to an employee for wages, and there are reasonable and probable grounds to believe that the employer intends to remove all or part of his assets from the Territory, the Director may apply without notice to any party to the Court for an order prohibitfng the employer from removing any of. his assets from the Territory until the emp 1 oyer pays to the emp 1 oyee a 11 wages tha t a re due to the employee or provides adequate security for the payment of the wages.

(2) Where the Court makes an order pursuant to subsection (1), the employer affected thereby may, with noti ce to the 01 rector, apply to the Court to rev1ew or rescind the order.

(3) An appl ication by an employer to the Court pursuant to sub­ section (2) to review or rescind an order does not operate as a stay of the order.

PART 12 EMPLontENT STANDARDS BOARD 86

(1) There is established a Board to be called the Employment Standards Board •.

(2) The Board shall be composed of five members appointed by the Executive Council Member consisting of (

a) a chairman, (

b) two members who are representative of employers, and (

c) two members who are representative of employees.

(3) The term of the members of the Board shall be three years, or such lesser term as the Executive Council Member may specify at the time of the appointment, and members are eligible for re-appointment.

(4) A member of the Board may be paid transportation, accommo­ dation, and living expenses incurred in connection with the performance of his duties as a member of the Board away from his ordinary place of residence but, except as otherwise provi ded by the regul ations, the payment of such expenses - 46 -

E~ployment Standards Act

Chapter 5 shall confonn as nearly as possible in all respects to the. payment of such expenses for members of the public service of Yukon.

(5) A member of the Board may be paid such remuneration as may be prescribed by the Commissioner in Executive Council.

(6) The Executive Council Member may appoint one or more vice chainnan from among the members of the Board, who may act in the place of the chainnan during his absence. 87

(1) The chairman of the Board may from time to time establish a panel consisting of one or more members of the Board.

(2) Where the chainnan of the Board refers a matter to a panel the panel has all the power and authority of the Board in respect of that matter. 88

(1) A quorum of the Board or of a panel is a majority of its members. 89

(1) Where there ;s no majority decision of the members of the Board or a panel, the decision of the presiding chainnan is the decision of the Board or panel. 90

(1) For the purposes of this Act, the Board and each of its members has the protection. privileges and powers of the Board appointed under the Public Inquiries Act. 91

(1) Where a matter comes before the Board under or pursuant to this Act, the Board shall begin its inquiry into the matter with 14 days.

(2) The Board shall give full opportunity to the parties to a proceeding to present evidence and to make submissions to it and. where the Board considers it necessary. it may hold a hearing.

(3) In a proceeding before the Board. the parties shall be (

a) the person alleged to have contravened this Act. (

b) the complainant. if any, (

c) the Director or his authorized representative. and (

d) any other person specified by the Board. - 47 -

Employment Standards Act

Chapter 5

(4) The Board may order the payment by a party of costs or expen­ ses to another party referred to in subsection 3(a). (

b) or (d). including compensation for wage loss resulting from attending a hearing. that it considers appropriate. 92

(1) W~ere a member of the Board resigns or his appointment termi­ nates. he may. in relation to a proceeding in which he parti­ Cipated as a member of the Board and until the proceeding is completed. carry out and complete the duties or responsibili­ ties and continue to exercise the powers that he would have had if he had not ceased to be a member. 93

(1) The Board may on its own motion reconsider a decis10n. order. authorization. d1rection. declaration or ru11ng made by it or a panel within l4.days after making 1t and may vary or revoke the dec1s10n. order. authorization. d1rection declarat10n or ru11ng. 94

(1) Subject to subsection 77(5). an order or decision of the Board or a panel is final and binding. 95

(1) The Board may on application or on its own mot10n give a dec1aratory.opin10n on a matter ariSing under this Act. 96

(1) In addition to the functions and duties conferred on it by this Act. the Board shall advise the Executive Council Member with respect to any matter that he wishes to refer to it.

PART 13 GENERAL 97

(1) Where an employer has a contract for the perfonnance of a public work of the Territory. he shall pay his employees who are engaged on or in connection with that public work not less than the prevailing wage rate applicable to the work performed by his employees as that rate is set out 1n an applicable

schedule of wage rates establ ished by the Board with the approval of the Commissioner in Executive Council. - 48 -

Employment Standards Act

Chapter 5

(2) The

schedule of wage rates may contain rates payable to apprentices by reference to the Apprentice Training Act and regulations, or otherwise. 98

(1) Where an employer terminates the employment of an employee or lays off an employee who has been employed by the employer at a remote site, the employer shall provide transportation for the employee without cost to the employee to the nearest pOint at which regularly scheduled transportation services are available. 99

(1) Where the Commissioner in Executive Council is satisfied that reciproca.l provfsions will be made by a province for the enforcement of certificates issued under this Act, he may declare the province to be a reciprocating province and may designate the enforcement authority of that province for the purpose of this section.

(2) Where an order, judgment or certificate for the payment of wages has been obtained by a designated enforcement authority of a reciprocating province, the authority may apply to the Director to enforce the order, judgment or certificate for the payment of wages.

(3) Where the Director receives an application pursuant to sub­ section (2) with respect to an order, judgment or certificate that has been certified by the Court in which it is registered or, if there is no provision in the reciprocating province for registration, that has been certified a true copy thereof by the authority, and is satisfied that all or part of the wages claimed therein are still owing, the Director may issue and file a certificate with the Court in the same manner as prescribed by subsections 76(3) and 76(5).

(4) A certificate issued and filed pursuant to subsection (3) is enforceable in the same manner and with the same priorities as are provided in this Act for wages owing. 100

(1) A person who (

a) contravenes any provision of this Act or the regulations, or any order mad~ thereunder, or - 49 -

Employment Standards Act

Chapter 5 (

b) discharges or threatens to d15charge or otherwise dis­ criminates against a person because that person (1) has testified or is about to testify in any pro­ ceeding had or taken under this Act, or (ii).has given any information to the Director, an <Employment Standa~s Officer or the Board regarding irthe wages, hours 'of work, annual vacati on or con­ ditions of employment of any employee, conmits an offence and is liable on sunmary conviction to a fine not exceeding one thousand dollars.

(2) Where an offence under this Act conmitted by a corporation is conmitted with the consent or connivance of any director, manager, secretary or any official of the corporation in charge or apparently in charge of a project he. as well as the corporation, conmits an offence and he is liable on sunmary convi ct i on to a sentence not exceedi ng three months or to a fine not exceeding one thousand dollars or to both fine and imprisonment.

(3) Where a complaint is laid against a person .who 15 a corpor­ ation a sunmons may be issued requirfng an officer, director, secretary or partner named therein to appear to answer the charge on behalf of the corporation and to attend from day to day until the trial or hearing has been completed.

(4) Any person who fails to Ob~y a sunmons issued pursuant to subsectfon (3) commits an Qffence and is liable on.

summary conviction to a sentence not'exceeding three months or a fine not exceeding one thousand dollars or to both fine and impri­ sonment.

(5) Where a person is convicted of an offence under this Act the presiding judge may, on the application of the Director, order such person to furnish to the Director security, either in the form of a bond together with one or more sureties as the presiding judge thinks fit or otherwise satisfactory to the presiding judge in an amount.and form and conditioned for the payment of all wages.

(6) Where the employer furnishes a bond or other security under subsection (5) the Director may, by giving written notice to the employer either by certified mail or by service of the - 50 -

Employment Standards Act

Chapter 5 notice on that employer, apply the proceeds of the bond or security in whol e or in part to any wages that the Oi rector ascertains the employer subsequently owes to any employee.

(7) Where the employer fails to furnish the bond or security under subsection (5) the Court, upon an application made by the Director, may restrain the employer from employing people in the industry or business specified in the order until the bond or security is furnished and the costs of the application are paid. 101

(1) A complaint or information under this Act may relate to one or more offences by one employer in respect of one or more of his employees.

(2) Proceedings in respect of an offence under this Act may be instituted at any time within one year after the time when the subject matter of the proceedings arose. 102

(1) Where an employer has been convicted of an offence under this Act in respect of any employee, the presiding judge shall, in addi tion to any other penalty, order the employer to pay to the employee-any wages to which the employee is entitled under th is Act the non-payment or i nsuffi c1 ent payment of whi ch constituted the offence for which the employer was convicted.

(2) Where an employer has been convicted of an offence under this Act in respect of the discharge of an employee, the presiding judge may, in addition to any other penalty, order the em­ ployer Ca) to pay compensation for loss of employment to the em­ ployee not exceeding such sum as in the opinion of the presiding judge is equivalent to the wage that would have accrued to the employee up to the date of conviction but for such discharge; and (

b) to reinstate the employee in his employ at such date as in the opinion of the presiding judge is just and proper in the circumstances and in the position that the em­ ployee would have held but for such discharge. - 51 -

Employment Standards Act

Chapter 5

(3) An employer who refuses or neglects to comply with an order of a presiding judge made under this

section commits an offence and is liable on

summary conviction to a fine not exceeding fifty dollars for each day during which such refusal or failure continues.

(4) In determining the amount of wages for the purposes of sub· section (1), if the presiding judge finds that the employer has not kept accurate records of hours worked by the employee, the employee affected shall be conclusively presumed to have been employed for 10 hours in each day and 60 hours in each week, or the number of hours deposed to by the employee, whichever is the less and to be entitled to full wages there· for. 103

(1) Subject to subsection 69(2) and

section 78, nothing in this Act or the regulations affects the ri9ht of a person to commence and maintain an action which, but for this Act, he would have had the right to commence and maintain. 104

(1) Where by this Act or the regulations, the Director or the 80ard is authorized to make any order in respect of any matter, the.order may be made to apply generally or in parti. cular cases. or to classes of employees or employers. 105

(1) Any application. appeal, demand. notice, statutory declaration or other document required to be served by this Act shall be served personally or sent by certified mail to the P~.rson to be served and, when sent by certified mail. shall be deemed to have been served on the person to whom it was sent. on the seventh day after it was mailed. 106

(1) The Commissioner in Executive Council may make such regula· tions as he deems necessary for carrying out the proviSions of this Act and. without restricting the generality ·of the foregoing, may make regulations (

a) requiring employers to keep records of wages, vac~tions, holidays and hours of work of employees and of other particulars relevant to the purposes of this Act or any part thereof, in such form as may be required; (

b) governing the production and inspection of records required to be kept by employers; • 52 •

EmDloyment Standards Act

Chapter 5 (

c) for calculating and detennining wages. received by an employee in respect of his employment, including the moneta ry va 1 ue of remunera t i on other than money and the regular rate of wages of employees who are not paid solely on a basis of time; (

d) prescribing custodial work and essential services for the purposes of subsection 35(1); (

e) for any other matter or purpose that under thi s Act is required or pennitted to be prescribed by regulation; and (

f) to exempt any person Or class of persons from some or all of the provisions of this Act. 107

(1) The following

section is added immediately after

section 114 of the Business Corporations Act: "114.1

(1) Every person who is a dinctor of a corporation is jointly and severally liable with the other directors in accordance with the Employment Standards Act! to each employee of the corporation for all debts payable to the employee for s~rvi ces perfonned for the cor· poration, while he is a director.

(2) If a director pays a debt referred to in subsection (1) that is proved in liquidation, dissolution or bankruptcy proceedings, he is entitled to any preference that the employee would have been entitled to, and if a judgment has been obtained, he is entitled to an assign­ ment of the judgment.

(3) A director who has satisfied a claim under this

section is entitled to contribution from the other directors who were liable for the claim." (2) Subsection 140(7) of the Business Corporations Act is amended by deleting the words "liabilities to the same extent U and substituting therefor the words "liabilities, including any liabilities under

section 79 of the Employment Standards Act, to the same extent". - 53 -

Employment Standards Act

Chapter 5 108

(1) The Labour Standards Act is repealed.

(2) The Wages Recovery Act is repealed. 109

(1) This Act shall come into force on a date to be fixed by the Commissioner in Executive Council. - 54 -

STATUTES OF THE YUKON TERP.ITORY 1984,

Chapter 6 ENERGY CONSERVATION ASSISTANCE ACT (Assented to May 17, 1984) The ~ommissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Energy Conservation Assistance Act. Saving Energy Action Loans 2

(1) The Executive Council Member may make loans to the eligible owners of residential premises so as to help those owners improve the thermal efficiency of their residential premises.

(2) The amount of a loan made under subsection (1) may not exceed the maximum prescribed by the CommisSioner in Executive Council.

(3) A loan under subsection (1) shall be made subject to such conditions as are prescribed by the Commissioner in Executive Council. 3

(1) A person is eligible to receive a loan under subsection 2(1) where (

a) he owns the residential premises in respect of which the loan is made; (

b) he has already been granted whatever financial assistance he may be eligible for in respect of the thermal effic­ iency of those premises under any program of the Govern­ ment of Canada; - 55 -

Energy Conservation Assistance Act Chaoter 6 (

c) those premises are (

i) the owner's principal place of residence. or (ii) continuously occupied as a residence. or continuous­ ly available for residential occupancy by a tenant of the owner; and (

d) those premises were constructed or under construction before April 1. 1984. 4

(1) The COlIIRissioner in Executive Council may make regulations prescribing (

a) the max1mum amount of a loan that may be made under subsection 2(1); (

b) the max1mum number of units of residential premises for which a ·person may receive a loan under subsection 2(1). (

c) conditions that a loan shall be made subject to; (

d) materials. services and labour in respect of which a loan may be made; and (el the procedure for applying for a loan and the infonnation that must be supplied in support of an application. Yukon Energy Al tematives Program,' 5

(1) The Executive Council Member may make grants to persons to assist in discovering or in demonstrating the practicality of alternative energy sources. methods of energy use. or energy conservation.

(2) The amount of grants made under subsection (1) may not ~xceed in respect of the same project the maximum prescr1bed by the COlIIRissioner in Executive Council.

(3) A grant under subsection (1) shali be made subject to such conditions as are prescribed by the COlIIRissioner In Executive Council. - 56 -

Energy Conservation Assistance Act

Chapter 6 6

(1) The Corrmissioner in Executive Council may make regulations prescribing (

a) the procedure for applying for a grant under subsection 5(1) and the info~tion that must be supplied in support of an application; (

b) conditions that a grant shall be made subject to includ­ ing conditions about copyright or patent rights arisin~ from the project in respect of which the grant is made and conditions about reporting the results and public access to the reported results of the project; (

c) the materials, services or labour for which the grant may be used; and (

d) criteria by which projects will be chosen to receive a grant. / - 57 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 7 FIFTH APPROPRIATION ACT. 1982-83 (Assented to April 18. 1984)

Whereas it appears by message from the Commissioner and in the estimates accompanying the message that. in addition to the sums previously appropriated, the sums not appearing in parenthesis in

Schedule "A" of this Act are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the period of 12 months ending on March 31. 1983; And

whereas, out of the sums previously appropriated, the sums appearing in parenthesis in

Schedule "A" of this Act are not required for the purpose of defraying certain expenses of the public service of Yukon or for related purposes for the period of 12 months ending on March 31. 1983. The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) Thfs Act may be cited as the Fifth Appropriation Act, 1982-83. 2

(1) In addition to the sum of S37,438.000 provided for. fn the First Appropriation Act, 1982-83. the sum of S133,557,OOO provided for in the Second Appropriation Act, 1982-83, the sum of S5,226,000 provided for in the Third Appropriation Act, 1982-83, and the sum of 56,489,000 provided for in the Fourth Appropriation Act, 1982-83, from and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole $14,595,000 for defraying the several charges and expenses of the public service of Yukon payable in the period of 12 months ending - 58 -

Fifth Appropriation Act, 1982-83

Chapter 7 on March 31, 1983, as set forth in

Schedule "A" of this Act and appearing there as sums not in parentheses, and that sum shall not be paid or applied except in accordance with

Schedule "A" and the Financial Administration Act.

(2) The sums previously appropriated to an appropriation or item that is listed in

Schedule "Ah and that has a sum appearing in parentheses after it are reduced by the amount of the sum appearing in the parentheses. 3

(1) The due application of all monies paid or applied pursuant to

section 2 shall be accounted for.

(2) The sums appearing in

Schedule nan are the total sums that have been appropriated by the First Appropriation Act, 1982-83, the Second Appropriation Act. 1982-83. the Third Appropriation Act. 1982-83. the Fourth Appropriation Act, 1982-83. and this Act. - 59 -

Fifth Appropriation Act, 1982-83

Chapter 7 FIFTH APPROPRIATION ACT I 1962-83

SCHEDULE A Appropriation or Item Sums that are required: Executive Council Office Health and Human Resources 14un1cipal and COll1Tlunity Affairs Justice Finance Tourism, Recreation and Culture Government Services Loan Amortization Sub-Total (sums required) Sums previously appropriated that are not required: Yukon Legislative Assembly Executive Council Office Education, Advanced Education and Manpower Consumer and Corporate Affairs Economic Development Justice Highways and Transportation Public Service Commission Tourism, Recreation and Culture Renewable Resources Government Services Yukon Housing Corporation Yukon Liquor Corporation Sub-Total (sums not required) TOTAL - 60 - S (Dollars in OOO's) 2 6,669 164 308 936 139 191 6,186 (24) (62) (1,082 ) (61) (Si! ) (156) (1,582) (61 ) (17) (764) (376) (271 ) (15) (5,042) 9,553

Fifth Appropriation Act, 1982-83

Chapter 7 FIFTH APPROPRIATION ACT, 1982-83

SCHEDULE B S (Dollars in OOO'

s) Operation and Maintenance Capi ta 1 Total Yukon Legislative Assembly 1,137 0 1,137 Executive Council Office 1,420 2 1,422 Education, Advanced Education and Manpower 26,243 8,726 34,969 Consumer and Corporate Affairs 1,020 0 I,C20 Health and Human Resources 32,422 414 32,836 Municipal and Community Affairs 6,378 7,770 14,148 Economic Development 1,646 861 2,507 Justice 10,490 286 10,776 Highways and Transportation 26,284 7,281 33,565 Public Service Conniss1'on 1,072 0 1,072 Finance 4,536 0 4,536 Tourism, Recreation and Culture 2,610 1.960 4,570 Renewable Resources 5,009 836 5,845 Government .Services 6,801 1,020 7,821 Yukon Housing Corporation 1,381 0 1,381 Yukon Liquor Corporation 0 825 825 Loan Capital 300 0 300 Loan Amortization 13,235 0 13,235 TOTAL 141,984 29,981 171,965 - 61 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 8 FIFTH APPROPRIATION ACT, 1983-84 (Assented to ~'arch 29, 1984)

Whereas it appears by message from the Conmissioner and in the estimates accompanying the message that, in addition to the sums previously appropriated, the sums not appearing in parenthesis in

Schedule nAil of this Act are required. for the purpose of defraying certain expenses of ·the public service of Yukon and for related purposes for the period of 12 months ending on March 31, 1984. The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Fifth ~.ppropriation Act, 1983-84. 2

(1) In addition to the sum of S24,412,OOO provided for in the First Appropriation Act, 1983-84, the sum of S141 ,4{)7 ,000 provided for in the Second Appropriation Act, 1983-84, the sum of Sl,OOO,OOO provided for in the Third Appropriation Act, 1983-84, and the sum of S28,331,Ooo provided for in the Fourth Appropriation Act, 1983-1984, from and out of the Yukon Con­ solidated Revenue Fund there may be paid and applied a sum not exceedi ng in the whole S7 ,415,000 for defrayi n9 the severa 1 charges and expenses of the public service of Yukon payable in the period of 12 months ending on "!arch 31, 1984, as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in accordance with

Schedule "An and the Financial Administration Act. 3

(1) The due application of all monies paid or applied pursuant to

section 2 shall be accounted for.

Fifth Appropriation Act, 1983-84

Chapter 8

(2) The sums appearing in

Schedule B are the total sums that have been appropriated by the First Appropriation Act, 1983-84, the Second Appropriation Act, 1983-84, the Third Appropriation Act, 1983-84, the Fourth Appropriation Act, 1983-1984, and this Act. - 63 -

Fifth ADpropriation !l.ct, 1983-84 FIFTH APPROPRIATION ACT, 1983-84

SCHEDULE A Appropriation or Item Sums that are required: Yukon Legislative Assembly Executive Council Office Education, Advanced Education and Manpower Consumer and Corporate Affairs Health and Human Resources r~unicipaland Conmunity Affairs Economic Development Justice Highways and Transportation Public Service Commission Finance Tourism, Recreation and Culture Renewable Resources Government Services Yukon Liquor Corporation Loan Amortization Subtotal (sums required) Sums previously appropriated that are not required: Education, Advanced Education and ManpO~ler Municipal and Conmunity Affairs Economic Development Highways and Transportation Finance Tourism, Recreation and Culture Government Services Yukon HOUSing Corporation Loan Capital Subtotal (sums not required) 'iOTAL - 64 - S (Dollars in aaa's) 515 29 (288) 23 354 76 1,459 168 64 523 427 273 641 78 815 750 (602) (109) (2,722) (1) (275) (143) (28) (2,250) (6,418)

Chapter 8

Fifth Appropriation Act, 1983·84

Chapter 8 FIFTH APPROPRIATION ACT, 1983·84

SCHEDULE B $ (Dollars in ODD'

s) Operation Capital Total & Maintenance Yu kon Legislative Assembly 1,101 10 1.111 Consumer and Corp"orate Affairs 1,031 0 1,031 Economic Development 2,265 1,619 3.884 Education, Advanced Education and Manpower 30,461 6.054 36,515 Executive Council Office" 3.035 8 3,043 Finance 3,913 0 3.913 Govern ment Services 9.328 4,082 13.410 Health an"d Human Resources 30,768 2,707 33,475 Highways and Transportation 30,626 10,877 41.503 Justice 11 ,387 615 12,002 MuniCipal and Community Affairs 7.028 9,203 16.231 Public Service Commission 1.759 0 1.759 Renewable Resources 5.558 2.384 7.942 Tourism. ~ecreation and Culture 4.154 2.141 6.295 Yukon Housing Corporation 2,020 294 2.314 Yu kon Liquor Corporation 0 285 285 Loan Capital 2.750 0 2.750 Loan Amortization 8.684 0 8.684 TOTAL 155,868 196,147 • 65 •

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 9

AN ACT TO AMEND THE FINANCIAL ADMINISTRATION ACT (Assented :0 Apr1l 18, 1984) The Commfssfoner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) In paragragh 45(1)(

d) of the Financial Administrat10n Act, "$2,000,000° is substituted for $1,200,000". • 66 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 10 FINANCIAL AGREEMENT ACT. 1984 (Assented to May 17. 1984) The Conmissioner of the Yukon Territory. by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Financial Agreement Act, 1984. 2

(1) In this Act. "agreementD means the agreement entered into pursuant to

section 3. 3

(1) Subject to this Act, the Commissioner in Executive Council is authorized to make an agreement providing for the payment by the Government of Canada to the Government of Yukon. in respect of tti·e period of one year commencing on April 1. 1984. and ending on March 31. 1985. (

a) as an operating grant. an amount equal to $83,402.000 for operati.ng expenses, and (

b) as a capital grant, an amount equal to $28.123.000 for capital expenses. 4

(1) The agreement shall include a

schedule providing for the amount and timing of the payments to be made by the Government of Canada to the Government of Yukon.

(2) The agreement shall contain such other conditions as may be agreed upon for the purpose of giving effect to this Act and may be executed on be ha 1 f of the Conmi ss i oner 1 n Execut 1 ve Council by the Executive Council Member. 5

(1) The agreement may be amended from time to time by agreement between the Government of Canada and the Conmissioner in Executive Council. but no such amendment is valid unless it is ratified by the Legislative Assembly. - 67 -

Financial Agreement Act, 1984

Chapter 10 6

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

(2) The Commissioner in Executive Council is empowered to do every act and exerci se every power for the purpose of ful filli ng every obligation assumed by the Government of Yukon under the agreement.

(3) This

section shall remain in operation only for so long as .may be necessary to give effect to the agreement. 7

(1) The Financial Agreement Act. 1983 is amended 1n paragraph 3(1)(

a) by substitut1ng "$78.606.000" for "572.809.000". . - 68 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 11

AN ACT TO AMEND THE GOVERNMENT EMPLOYEE HOUSING PLAN ACT (Assented to May 17, 1984) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act amends the Government Employee Housing Plan Act. 2

(1) The following is s'ubstituted for clause (ii) in thedefini- tion of "employee" in subsection 2(1): "(11) a person appointed to a part-time position". 3

(1) The following 1s subst1tuted for subsection 3(1): R3

(1) Eve~ employee who has at least two years contin­ uous serv1ce and owns a housing unit that quali­ fies under

section 7 becomes eligible for the benefits of the Plan when (

a) he resigns from the public service, (

b) he proceeds to pension, (

c) he is laid off or discharged by h1s employer, (

d) he is ret1red for ill health by his employer, or (

e) he is transferred by the Government of Yukon away from the conmunity in which his housing unit is located."

(2) In subsection 3(2), "eligible employee" is substituted for "employee". 4

(1) The following is substituted for paragraph 4(l)(b)= "(

b) the housing unit has been under offer for sale to the public at a price not greater than the amount that is 5 per cent greater than the mean of the two appraisals - 69 -

An Act to Amend the Government Employee Housing Plan Act

Chapter 11 under

section 6 for not less than 60 days during the period commencing 61 days prior to the day on which he becomes an eligible employee and ending 61 days after he makes his application for the benefit of the plan." 5

(1) In paragraph 6(1)(bl. "93" is substituted for "95" and "Corporation" is substituted for "Government". 6

(1) The following 1s substituted for paragraph 7(1)(a): "(

a) it is o\~ned by the employee and occupied by him as his principal place of residence on the date on which he becomes eligible for the benefits of the Plan under subsection 3(1) or, in a case where subsection 3(2) applies, on the date on which he dies, and".

(2) In subsection 7(2), "from the Public Service" is deleted. 7

(1) In paragraphs l1(1)(

b) and (d), "the market rent" is sub- stituted for "an economic rent". 8

(1) The following is substituted for subsection 12(1): "(

l) A revolving fund of Sl,500,OOO is hereby established for the purpose of acquiring and maintaining housing units in accordance with this Act." 9

(1) In subsection 14{l), "Executive Council Member" is sub- stituted for "Commissioner". la

(1) In subsections 15(1) and (2), "Commissioner in Executive Council" is substituted for "Commissioneru. 11

(1) Section 16 is repealed but its repea 1 shall not affect the continuation of any benefits acquired before its repeal. - 70 -

STATUTES OF THE YUKON, TERRITORY 1984,

Chapter 12 GOVERNMENT EMPLOYEES UNEMPLOYMENT INSURANCE AGREEMENT ACT (Assented to April 18, 1984) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Government Employees Unemployment Insurance Ag~eement Act. 2

(1) The Commissioner in Executive Council may enter into agreements with the Government of Canada under and for the purposes of the Unemployment Insurance Act, 1971 (Canada) providing for the extension of unemployment insurance programs to employees of the Government of'Yukon. - 71 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 13

AN ACT TO AMEND THE INCOME TAX ACT (Assented to April 18, 1984) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1 (1) . Thi s Act amends the Income Tax Act. 2

(1) In subsection 5(1.3), "and (1.2)" is substituted for "and (1.3)" . 3

(1) The following is substituted for subsection 4(5): "

(5) An individual who, under the federal Act, pays tax computed in accordance with subsection 117(6) of that Act may, in lieu of a tax under subsection (1), pay a tax determined in accordance with prescribed rules." 4

(1) The following is substituted for paragraph 17(1)(a): "(

a) either: (

i) on or before the 1 ast day of each of the first 12 months in that period, an amount equal to one-twelfth of its tax payable for the year; or (i

i) on or before the last day of each of the first 12 months in that period, an amount equal to one-twelfth of its first installment base for the year; or - 72 -

An Act to Amend the Income Tax Act

Chapter 13 (iii) on or before the last day of each of the first two months in that period, an amount equal to one-twelfth of its second installment base for the year, and on or before the 1 ast day of each of the next following 10 months in that period, an amount equa 1 to one-tenth of the amount remaining after deducting the amount computed under this sub-paragraph in respect of the f1 rst two months in the period from its first installment base for the year; and".

(2) The follow1ng subsection is added to

section 17: "

(4) In this section, 'first installment base' and 'second installment base' of a corporation for a taxation year have the meanings established under subsection 157(4) of the federal Act, with such modifications as .the circumstances require." - 73 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 14 INTERIM SUPPLY APPROPRIATION ACT, 1984-85 (Assented to March 29, 1984)

Whereas it appears by message from the Corranissioner and in the estimates accompanying the message that the sums mentioned in

Schedule "A" of this Act are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the month of April, 1984: The Commissioner of the Yukon Territory, by and with the advice and consent of the legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Interim Supply Appropriaticn Act, 1984-85. 2

(1) In addition to the sum of S25,959,OOO provided for in the First Appropriation Act, 1984-85, from and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole $14,423,000 for defraying the several charges and expenses of the publ ic service of Yukon for the month of April, 1984 as set forth in

Schedule "A" of this Act and that sum shall not be paid or applied except in accordance with

Schedule "A". 3

(1) The due application of all monies paid or applied pursuant to

section 2 shall be accounted for. - 74 -

Interim Supply Appropriation Act, 1984-85

Chapter 14 INTERIM SUPPLY APPROPRIATION ACT, 1984-85

SCHEDULE A Appropriation or Item Yukon Legislative Assembly Executive Council Office Education, Advanced Education and Manpower Consumer and Corporate Affairs Health and Human Resources MuniCipal and Community Affairs Economic Development Justice Highways and Transportation Public Service Commission Finance Tourism, Recreation and Culture Renewable Resources Government Services Yukon Housing Corporation TOTAL $ - 75 - (Dollars in OOO'

s) TOTAL $130 250 2919 83 2824 1815 236 1068 2687 155 365 413 546 790 llL- $14,423

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 15 INTERIM SUPPLY APPROPRIATION ACT, 1984-85 (No.2) (Assented to April 30, 1984)

Whereas it appears by message from the Cornnissioner and in the estimates accompanying the message that the sums mentioned in

Schedule "A" of this Act are required for the purpose of defraying certain expenses of the public service of Yukon and for related purposes for the month of May, 1984: The Cornnissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act may be cited as the Interim Supply Appropriation Act, 1984-85 (No. 2). 2

(1) In addition to the sum of $25,959,000 provided for in the First Appropriation Act, 1984-85 and the sum of $14,423,000 provided for in the Interim Supply Appropriation Act, 1984-85, from and out of the Yukon Consolidated Revenue Fund there may be paid and applied a sum not exceeding in the whole $14,423,000 for defraying the sev~ral charges and expenses of the public service of Yukon for the month of May, 1984 as s~t forth in

Schedule "A" of this Act and that sum shall not be paid or applied except 1n accordance with

Schedule "A" and the Financial -Administration Act. 3

(1) The due application of all monies paid or applied pursuant to

section 2 shall be accounted for. - 76 -

Interim Supply Appropriation Act, 1984-85 (No. 2)

Chapter 15 INTERIM SUPPLY APPROPRIATION ACT, 1984-85 (No. 2)

SCHEDULE A Appropriation or Item Yukon Legislative Assembly Executive Councfl Office Consumer and Corporate Affairs Economic Development Education. Advanced Education and Manpower Finance Government Services Health and Human Resources Highways and Transportation Justice Municipal and Community Affairs Public Service Commission Renewable Resources Tourism. Recreation and Culture Yukon Housing Corporation TOTAL $ - 77 - (Dollars in OOO'

s) TOTAL $130 250 83 236 2919 365 790 2824 2687 1068 1815 155 546 413 llL. $14,423

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 16

AN ACT TO AMEND THE LANDLORD AND TENANT ACT (Assented to April 18, 1984) The Commissioner of the Yukon Territory. by and with the advice and consent of the Legislative Assembly, enacts as follows: 1

(1) This Act amends the Landlord and Tenant Act. 2

(1) The following subsection is added to

section 61.1: "

(5.1) Notwithstanding subsection (4), any person referred to in paragraph (5)(c).(d), or (

e) who becomes a new landlord may terminate a lease for a term certain or for periods longer than year to year by giving notice of the termination not less than 90 days before the intended effective date of the termination. 3

(1) The following is substituted for subsection 64(2): "

(2) A landlord shall pay annually to the tenant interest on any money held by the landlord as a security deposit at the rate of 10 per cent per year or such other rate as may from time to time be prescribed." - 78 -

STATUTES OF THE YUKON TERRITORY 1984,

Chapter 17 LEGAL PROFESSION ACT (Assented to April 18, 1984) The Commissioner of the Yukon Territory, by and with the advice and consent of the Legislative Assembly, enacts as follows: 1 (1) 2

(1) This Act may be cited as the Legal Profession Act. In this Act, (

a) Uactive memberD means a member other than anS member or a member who is suspendedi (

b) Dbar admission course" means a bar admission course established and operated by the Society; (c) "bar admission examination" means an examination in general subjects related to the practice of law. includ­ ing practice, procedure~ ethics and statutes of Yukon or Canada or both; (

d) DCommittee of Inquiry· means a committee appointed pursuant to

section 32 for the purpose of conducting an fnqufry under this Act; (

e) uOiscipline CommitteeD means the Discipline Commfttee appointed under

section 26; (

f) the regulating body of the Society (

g) on the Roll as active memberi (

h) amembern means a person enrolled as a member of the Society but does not include an honorary memberi (

i) uRoll" means the Roll of the Law Society of Yukon refer­ red to in

section 17; (j) "Rulesn means the Rules of the SOCiety made by the Executi ve or confi nned or adopted by the Soci ety in a general meeting under this Acti (

k) DSociety" means the Law Society of Yukon constituted under

section 3; - 79 -

Legal Profession Act

Chapter 17 (1) "special examination" means examination at university standards in subjects pertaining to substantive law in force in Yukon; (m) "student-at-law" means a person serving articles of clerkship approved by the Society to a member;

(2) Subject to subsection (3), in this Act the practice of law includes doing any of the following for another person on one or more than one occasion: (

a) appearing as a