Statutes of the Yukon, 1986 — Volume 1 (Chapters 1) — Proclaimed and published under authority of the Revised Statutes Act; Property exempt from seizure and sale under the Executions Act; In this Act; Subject to this Act; … (+14 more)

Yukon Stats. 1986 v.1

Yukon — Historical Statutes

Revised Statutes of the Yukon, 1986 A Revision and Consolidation of the Statutes of the Legislature of the Yukon Territory Proclaimed and published under authority of the Revised Statutes Act Volume 1 Chapters 1 to 100 Sam Cawley, Queen's Printer for the Yukon Territory Whitehorse, Yukon, 1986

TABLE OF CONTENTS Volume 1 REVISED STATUTES ACT Operation and effect of the Revised Statutes of the Yukon, 1986

SCHEDULE A - REVISED STATUTES OF THE YUKON, 1986 TITLE

CHAPTER ACCESS TO INFORMATION ........................................... .

Public access to Yukon government records AGE OF MAJORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Establishes 19 as the age of majority for all purposes ACCOUNTANTS see CERTIFIED GENERAL ACCOUNTANTS see CHARTERED ACCOUNTANTS see MANAGEMENT ACCOUNTANTS AGRICULTURAL PRODUCTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Establishment and maintenance of quality standards AGRICULTURE DEVELOPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Establishes Agriculture Development Council to advise the government ANIMAL PROTECTION ............................................... .

Prevention of cruelty to animals and neglect of animals ANIMALS see ANIMAL PROTECTION see BRANDS see DOG see POUNDS 5 APPRENTICE TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Training of apprentices and certification of trades ARBITRATION see also FOREIGN ARBITRAL AWARDS ARBITRA TION ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Procedures under written agreements to submit differences to arbitration ARCHIVES............................................................ 8 Establishes Yukon Archives AREA DEVELOPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Regulates orderly development and use of rural areas ASSESSMENT AND TAXATION... .... ............ ... ............... .... 10 Assessment and taxation of real property BOILER AND PRESSURE VESSELS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I I Safety regulations, inspection and enforcement BRANDS ............................................................. . 12 Registration and use of brands on livestock BUILDING CODES see BOILER AND PRESSURE VESSELS see BUILDING STANDARDS '

TITLE

CHAPTER see ELECTRICAL PROTECTION see ELEVATOR AND FIXED CONVEYANCES see FIRE PREVENTION see PUBLIC HEALTH BUILDING STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Building code for areas outside municipalities BULK SALES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Sales of inventories of businesses BUSINESS CORPORATIONS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Rules governing companies and persons involved in companies incorporated in the Yukon, including incorporation, capacity and powers, operation, winding-up and the registration of extra-territorial companies BUSINESS DEVELOPMENT ASSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Financial assistance for the development of commercial and industrial businesses BUSINESS LICENCE ............................................. 17 Licences for businesses outside municipalities CEMETERIES AND BURIAL SITES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Protection and operation of cemeteries and burial sites CAMPGROUNDS see PARKS CERTIFIED GENERAL ACCOUNTANTS ................................. 19 Act governing the profession CHANGE OF NAME ................................................... . 20 Procedure for changing the legal name of an individual CHARTERED ACCOUNTANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Act governing the profession CHILDREN'S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Child status and establishment of parentage; custody, access and guardianship; adoption; child protection; miscellaneous legal rules CHIROPRACTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Act governing the practice of chiropractors CHOSES IN ACTION .................................... . . . . . . . . . . . . . . . 24 Asssignments of debts and choses in action under contracts CIVIL EMERGENCY MEASURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Government duties and powers for dealing with civil emergencies COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Judgment summonses and imprisonment for debt COMMERCIAL TRANSACTIONS see BULK SALES see CONSUMERS PROTECTION see FACTORS see SALE OF GOODS COMPANIES see BUSISNESS CORPORATIONS see COOPERATIVE ASSOCIATIONS see PARTNERSHIP see PUBLIC UTILITIES see SOCIETIES 11

TITLE

CHAPTER COMPENSATION FOR VICTIMS OF CRIME.............................. 27 Compensation for personal injury CONDOMINIUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Establishment of condominium propenies and operation of condominium corporations CONFLICT OF LA WS (TRAFFIC ACCIDENTS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Choice of law for accidents involving persons from outside the Yukon CONSTITUTIONAL QUESTIONS ........................................ 30 Coun cases involving constitutional issues CONSUMERS PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Protection of consumers from unscrupulous business practices CONTRACTS see FRUSTRATED CONTRACTS see SALE OF GOODS CONTRIBUTORY NEGLIGENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Shared liability for damages or lass resulting from negligence, etc CONTROVERTED ELECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Ovenuming elections of members of the Legislative Assembly COOPERATIVE ASSOCIATIONS ........................................ 34 Rules governing cooperative associations and persons involved in cooperative associations incorporated in the Yukon, including incorporation, capacity and powers, operation and winding-up CORONERS ........................................................... 35 Powers and duties of coroners CORRECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Operation of correctional institutions and programs COURT OF APPEAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Establishment and operation of the Coun of Appeal COURTS see CONSTITUTIONAL QUESTIONS see CORONERS see COURT OF APPEAL see EVIDENCE see FlNE OPTION see INTERPROVINCIAL SUBPOENA see JUClCATURE see JURY see RECORDING OF EVIDENCE see SMALL CLAIMS COURT see

SUMMARY CONVICTIONS see SUPREME COURT CREDITORS RELIEF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Rights of creditors against propeny of a common debtor CRUELTY TO ANIMALS see ANIMAL PROTECTION DANGEROUS GOODS TRANSPORT A TlON .............................. . 39 Safety regulations, inspection and enforcement iii

TITLE

CHAPTER DAY CARE ........................................................... .

Operation of day care centres DEBTS, ENFORCEMENT OF see COLLECTION see CREDITORS RELIEF see DISTRESS see EXECUTIONS see EXEMPTIONS see FOREIGN ARBITRAL AWARDS see FRAUDULENT PREFERENCES AND CONVEY ANCES see GARAGE KEEPERS LIEN see GARNISHEE ueLABOURSTANDARDS see MAINTENANCE AND CUSTODY ORDERS ENFORCEMENT see MECHANICS LIEN see MINERS LIEN see PERSONAL PROPERTY SECURITY see RECIPROCAL ENFORCEMENT OF JUDGMENTS see RECIPROCAL ENFORCEMENT OF JUDGMENTS (U.K.) see RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS 40 DEFAMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Rules of law relating to libel and slander actions DENTAL PROFESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Act governing the profession, including dental assistants, therapists and hygienists DENTURE TECHNICIANS .............................................. 43 Act governing the activities of denture technicians DEPENDANTS RELIEF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Action by dependant of deceased for share of estate DEVOLUTION OF REAL PROPERTY ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4S Transfer of real property on death DISTRESS ............................................... ............. .

Seizure and sale of property under right of distress DOCTORS see MEDICAL PROFESSION DOG ................................................................. . Prevention of cruelty, and seizure and killing of dogs at large EDUCATION see APPRENTICE TRAINING see OCCUPATIONAL TRAINING see SCHOOL ELECTIONS see also CONTROVERTED ELECTIONS see also ELECTORAL DISTRICT BOUNDARIES iv 46 47

TITLE

CHAPTER ELECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Election of members to the Legislative Assembly, including eligibility to vote, election administration, nomination, enumeration and voting procedures, counting of the ballots and general rules ELECTORAL DISTRICT BOUNDARIES .................................. 49 Definition of boundaries of electoral districts ELECTRICAL PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Electrical code for buildings, inspections and enforcement ELEV ATOR AND FIXED CONVEYANCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Safety regulations, inspection and enforcement EMERGENCY see also CIVIL EMERGENCY MEASURES EMERGENCY MEDICAL AID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Liability for injury or death resulting from emergency first aid EMPLOYMENT AGENCIES ............................................ . 53 Registration and regulation of employment agencies EMPLOYMENT STANDARDS ........................................... 54 Rights and duties of employees and employers, including hours of work, minimum wages, vacations, holidays, maternity leave, equal pay, tennination of employment, special leave, payment of wages, investigation of complaints, enforcement, Employment Standards Board, reciprocal enforcement with provinces and wage rate for public works ENERGY CONSERVATION ASSISTANCE............................. 55 Grants and loans to businesses and individuals ENGINEERING PROFESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Act governing the profession EST A TES see DEPENDANTS RELIEF see DEVOLUTION OF REAL PROPERTY see INTESTATE SUCCESSION see PERPETUITIES see PRESUMPTION OF DEATH see RETIREMENT PLAN BENEFICIARIES see SURVIVAL OF ACTIONS see WILLS EVIDENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Evidence in civil proceedings in court EXECUTIONS ........................................................ . 58 Enforcement of judgment debts by seizure and sale of property EXEMPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Property exempt from seizure and sale under the Executions Act EXPLORERS see SCIENTISTS AND EXPLORERS EXPROPRIA TION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Expropriation of land by the government FACTORS ............................................................ . 61 Law relating to mercantile agents v

TITLE

CHAPTER FAIR PRACTICES .. , .............................. , .. " ............. , ..

Prohibits discriminatory practices in employment, housing, access to public services and publications 62 F AMIL Y PROPERTY AND SUPPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Rights of property between spouses and obligations of family members to provide support to each other, including rules relating to domestic contracts, family assets, family homes, rights of common law spouses and enforcement of support obligations FAMILYLAW seeCHILDREN'S see FAMILY PROPERTY AND SUPPORT see MAINTENANCE AND CUSTODY ORDERS ENFORCEMENT see MARRIAGE see MARRIED WOMEN'S PROPERTY see RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS FA T AL ACCIDENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Right of spouse, parent and child to sue for death of family member FINANCIAL ADMINISTRA nON. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Yukon government financial organization; revenues; expenditures; assets; liabilities; enforcement FINE OPTION ..................................................... 66 Discharge of fines by earning credits for work performed FIRE see also FOREST PROTECTION FIRE PREVENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Safety regulations, inspection and enforcement FLAG..................... . .................................... . 68 Official flag of the Yukon FLORAL EMBLEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Official floral emblem of the Yukon FOREIGN ARBITRAL AWARDS ........................................ .

Implementation of the international convention on the recognition and enforcement of foreign arbitral awards 70 FOREST PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Protection of forests from fire, pests and diseases FRAUDULENT PREFERENCES AND CONVEYANCES . . . . . . . . . . . . . . . . . . . . . 72 Transfers of property intended to prevent collection of debts by creditors FRUSTRATED CONTRACTS........................... ... .............. 73 Legal results of contract becoming practically impossible to perform FUEL OIL TAX ......................... . ....................... . 74 Imposition and collection of tax on fuel oil FUNERAL DIRECTORS ................................................ . 75 Act governing the activities of funeral directors GAOLS ............................................................... . 76 Designates gaols GARAGE KEEPERS LIEN ........................................ . 77 Creation and enforcement of liens for work done on motor vehicles VI

TITLE

CHAPTER GARNISHEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Collection of debts by attachment of money owed to a debtor by others GASOLINE HANDLING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Safety regulations, inspection and enforcement GOVERNMENT see FINANCIAL ADMINISTRATION see LEGISLATIVE ASSEMBL Y see LEGISLATIVE ASSEMBLY RETIREMENT ALLOWANCES see PLEBISCITE see PUBLIC INQUIRIES see PUBLIC PRINTING see PUBLIC SERVANTS SUPERANNUATION see PUBLIC SERVICE COMMISSION see PUBLIC SER VICE STAFF RELATIONS see REGULATIONS see YUKON DEVELOPMENT CORPORATION GOVERNMENT EMPLOYEE HOUSING PLAN ............................ 80 Establishes buy-back plan for homes owned by government employees GRANTS see BUSINESS DEVELOPMENT ASSISTANCE see ENERGY CONSERVATION ASSISTANCE see HOME OWNERS GRANT ACT see PIONEER UTILITY GRANT see RECREATION see SENIORS INCOME SUPPLEMENT see SOCIAL ASSISTANCE see STUDENTS FINANCIAL ASSISTANCE GRA VEY ARDS see CEMETERIES AND BURIAL SITES HEALTH see also PUBLIC HEALTH HEALTH CARE INSURANCE PLAN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Operation and enforcement of compulsory medical insurance HIGHWA YS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Regulation of use of highways and activities adjacent to highways HISTORIC SITES AND MONUMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Commemoration of historic sites and establishment of museums HOME OWNERS GRANT ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Annual grant payable to home owners HOSPITAL INSURANCE SERVICES................... . .. .. .. ............ 85 Provision of insured hospital services to Yukon residents HOTELS AND TOURIST ESTABLISHMENTS ............................. 86 Construction and operation, including enforcement of room charges and liability of operator for loss or damage HOUSING see also GOVERNMENT EMPLOYEE HOUSING PLAN HOUSING CORPORATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Powers and duties of the Yukon Housing Corporation HOUSING DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Intergovernmental agreements for public housing and urban renewal vii

TITLE

CHAPTER HUMAN RIGHTS see FAIR PRACTICES HUMAN TISSUE GIFT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Donations of organs for transplants or scientific purposes INCOME TAX ......................................................... 90 Establishes Yukon income tax on corporations and individuals INFORMATION see ACCESS TO INFORMATION see ARCHIVES INJURIES see COMPENSATION FOR VICTIMS OF CRIME see WORKERS COMPENSATION INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Act governing the operation of insurance companies INSURANCE PREMIUM TAX ........................................... . 92 Imposition and collection of a tax on insurance premiums INTERPRET ATION .................................................... 93 Application, operation and construction of enactments, including references to enactments,

definitions of common words and phrases, repeal and amendment of enactments, provision of copies of Acts and computation of standard time INTERPROVINCIAL SUBPOENA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Enforcement of attendance of witnesses between jurisdictions INTEST A TE SUCCESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Distribution of estates of persons dying without leaving a valid will JAILS see CORRECTIONS see GAOLS JUDICATURE ......................................................... .

Miscellaneous rules of law, and provisons for the clerk of the Supreme Court, the public administrator and the sheriff 96 JURy.......... ........................................ .. ........ 97 Juries in civil proceedings in the courts LABOUR see APPRENTICE TRAINING see EMPLOYMENT AGENCIES see EMPLOYMENT STANDARDS see OCCUPATIONAL HEALTH AND SAFETY see OCCUPATIONAL TRAINING see WORKERS COMPENSATION LAND USE see AREA DEVELOPMENT LANDLORD AND TENANT ............................................. .

Rights and duties of landlords and tenants 98 LANDS................................................................ 99 Disposition of lands under the control of the Government of the Yukon LA WYERS see LEGAL PROFESSION LEGAL AID see LEGAL SER VICES SOCIETY LEGAL PROFESSION ................................................. . 100 Act governing the profession VIII

REVISED STATUTES ACT

Interpretation 1. In this Act, "Revised Statutes of the Yukon, 1986" means the statutes set out in

Schedule A. Commencement 2.

(1) Subject to this Act, the Revised Statutes of the Yukon, 1986 are hereby declared to be law as though they were enacted by this Act.

(2) The Revised Statutes of the Yukon, 1986 shall come into force on a day to be fixed by the Commissioner in Executive Council. Repeal of old laws 3. Subject to this Act, from the coming into force of the Revised Statutes of the Yukon, 1986, the Acts and portions of Acts referred to in

Schedule B are repealed to the extent set out in the fourth column of that schedule. Effect of repeal 4. The repeal of the Acts and portions of Acts as set out in

Schedule B pursuant to

section 3 does not revive any Act or provision of law repealed by any of them, nor does the repeal prevent the effect of any saving clause in any of those Acts or portions of Acts, or of any Act or provision of law formerly in force, to any transaction, matter or thing anterior to the repeal to which they would otherwise apply. Effect of repeal 5. The repeal of the Acts and portions of Acts as set out in

Schedule B pursuant to

section 3 does not defeat, disturb, invalidate or affect (

a) any penalty, forfeiture or liability, civil or criminal, incurred prior to the time of the repeal, or any proceeding for enforcing it, had, done, completed or pending at the time of the repeal, (

b) any indictment, information, conviction, order, sentence or prosecution had, done, completed or pending at the time of the repeal, (

c) any action, suit, petition, judgment, decree, certificate, execution, distress, process, order or rule, or any proceeding, matter or thing whatsoever respect ing it, had, done, made, entered, granted, completed, pending, existing or in force at the time of the repeal, (

d) any act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, bylaw, rule, order in council, proclamation, regulation, order, con tract, lien, charge, status, capacity, immunity, matter or thing had, done, made, acquired, established or existing at the time of the repeal, (

e) any office, appointment, commission, salary, remuneration, allowance, security or duty, or any matter or thing appertaining thereto, at the time of the repeal,

REVISED STATUTES ACT (

f) any marriage, marriage certificate or registry thereof lawfully had, made, granted or existing before or at the time of the repeal, or (

g) any other matter or thing whatsoever had, done, completed, existing or pending at the time of the repeal, and the same and the force and effect thereof shall remain and continue as if the repeal had not taken place and, so far as necessary, may and shall be continued, prosecuted, enforced and proceeded with under the Revised Statutes of the Yukon, 1986 and the other statutes and laws in force in the Yukon, and, subject to the provisions of the several statutes and laws, as if the repeal had not taken place. ElTect of the Revised Statutes 6.

(1) The Revised Statutes of the Yukon, 1986 shall not be held to operate as new laws, but shall be construed and have effect as a consolidation and as declaratory of the law as contained in the Acts and portions of Acts so repealed, and for which the Revised Statutes of the Yukon, 1986 are substituted.

(2) The various provisions of the Revised Statutes of the Yukon, 1986 corresponding to, and substituted for, the provisions of the Acts and portions of Acts so repealed shall, where they are the same in effect as the Acts and portions of Acts so repealed, be held to operate retrospectively as well as prospectively and to have been enacted or to have become effective upon the days respectively upon which the Acts and portions of Acts so repealed came into effect or from which they were stated to be effective, as the case may be.

(3) If, upon any point, the provisions of the Revised Statutes of the Yukon, 1986 are not in effect the same as those of the repealed Acts and portions of Acts for which they are substituted, then as respects all transactions, matters and things subsequent to the coming into force of the Revised Statutes of the Yukon, 1986, the provisions contained in the Revised Statutes of the Yukon, 1986 shall prevail, but as respects all transactions, matters and things anterior to that time, the provisions of the repealed Acts and portions of Acts shall prevail. References to old statutes 7.

A reference in any Act enacted prior to the coming into force of the Revised Statutes of the Yukon, 1986 and remaining in force after that time, or in any instrument or document, to any Act or portion of any Act so repealed shall, from and after the coming into force of the Revised Statutes of the Yukon, 1986, be held as regards any subsequent transaction, matter or thing to be a reference to the enactments in the Revised Statutes of the Yukon, 1986 having the same effect as the repealed Act or portion of it. ElTect of

Schedule 8 8. The inclusion of any Act in

Schedule B shall not be construed as a declaration that the Act or any portion of it was or was not in force immediately prior to the coming into force of the Revised Statutes of the Yukon, 1986. 2

REVISED STATUTES ACT Evidence 9.

(1) Copies of the Revised Statutes of the Yukon, 1986 or

Schedule B of this Act purporting to be printed by the Queen's Printer shall be received as evidence of such Revised Statutes of the Yukon, 1986 or

Schedule B of this Act in all courts and places whatsoever, without further proof of any kind.

(2) Copies of the Revised Statutes of the Yukon, 1986 or

Schedule B of this Act in fact printed by the Queen's Printer shall be received as conclusive evidence of such Revised Statutes of the Yukon, 1986 or

Schedule B of this Act in all courts and places whatsoever, without further proof of any kind. Printing 10. This Act shall be printed with the Revised Statutes of the Yukon, 1986, and shall be subject to the same rules of construction as the Revised Statutes of the Yukon, 1986. Acts to be included 11.(

I) Any Act of the Legislature that comes into force prior to the date on which the Revised Statutes of the Yukon, 1986 come into force may be included in whole or in

part in the Revised Statutes of the Yukon, 1986 or consolidated with the Revised Statutes of the Yukon, 1986, and shall be deemed for that purpose to have been included in that form in

Schedule A of this Act at the time when this Act comes into force.

(2) For the purposes of subsection (I), where

an Act included in

Schedule A is amended by

an Act that comes into force prior to the date on which the Revised Statutes of the Yukon, 1986 come into force, the consolidation of those Acts shall include such renumbering and minor editorial activities as may be necessary to establish uniformity of style throughout the Revised Statutes of the Yukon, 1986.

(3) Prior to the date fixed under subsection (2) for the coming into force of the Revised Statutes of the Yukon, 1986, correction of typographical errors and other minor editorial activities may be undertaken in respect of the Acts included in

Schedule A of this Act.

(4) To the extent that

an Act referred to in subsection (

I) is included in the Revised Statutes of the Yukon, 1986, it shall be deemed to have been included in

Schedule B of this Act at the time when this Act comes into force. Acts not in force 12.(

I) Where

an Act or a portion of

an Act contained in

Schedule A of this Act is not in force prior to the day fixed for the coming into force of the Revised Statutes of the Yukon, 1986, (

a) it shall be deleted from the Revised Statutes of the Yukon, 1986, in which case it shall be deemed not to have been included in

Schedule A of this Act at the time when this Act comes into force, or (

b) it may be kept in the Revised Statutes of the Yukon, 1986, in which case (

i) the Act or part of the Act as set out in

Schedule A to this Act shall come into force on a day to be fixed by the Commissioner in Executive Council, and 3

REVISED STATUTES ACT (ii) until the Act or part of the Act comes into force, copies of the Revised Statutes of the Yukon, 1986 printed by the Queen's Printer shall contain a prominent notation that the Act or part of the Act is subject to proclamation.

(2) For the purposes of the deletion of

an Act or a part of

an Act from the Revised Statutes of the Yukon, 1986 pursuant to paragraph (I )(a), such renumbering and minor editorial activities may be conducted as may be necessary to establish unifonnity of style throughout the Revised Statutes of the Yukon, 1986. Elections 13.(\) Notwithstanding any other provision of this Act, the Commissioner in Executive Council may make such regulations as the Commissioner in Executive Council considers necessary for the orderly conduct of elections to delay the coming into force of the Elections Act as set out in the Revised Statutes of the Yukon, 1986 until some time after the remainder of the Revised Statutes of the Yukon, 1986 comes into force.

(2) Where the coming into force of the Elections Act is delayed under subsection (I), the date of the coming into force of the Revised Statutes of the Yukon, 1986 for the purposes of this Act shall be deemed to be the date on which the remainder of the Revised Statutes of the Yukon, 1986 comes into force and not the date on which the Elections Act comes into force. 4

Schedule A Revised Statutes of the Yukon Territory, 1986

CHAPfERl ACCESS TO INFORMATION ACT

Interpretation I. In this Act, "archivist" means the person appointed as the archivist under the Archives Act; "department" means (

a) any department, branch or unit of the public service of the Government of the Yukon, and (

b) any board, commission, foundation, corporation or other similar agency established as an agent of the Government of the Yukon; "infonnation" means infonnation in any fonn including infonnation that is written, photo graphed, recorded or stored in any manner whatsoever; "public business" means any activity or function carried on or perfonned by a department; "record" means the fonn in which infonnation is kept. Purpose of the Act 2.

The purpose of this Act is to provide reasonable access by the public to infonnation in records of departments and to subject that right only to specific and limited exceptions neces sary for the effective operation of departments in the public interest. Access to information 3. Subject to this Act, every person shall have access to infonnation relating to the public business of the Government of the Yukon. Request for information 4.(

I) Any person may request infonnation in a record of a department by applying to the archivist.

(2) The request may be made orally or in writing, and if the request is made orally the person who receives it shall make a written record of the relevant particulars of the request.

(3) The person who makes the request shall describe the record or the subject matter of the infonnation he wants with enough detail about time, place, person or event to enable a person familiar with the subject matter to identify the relevant record.

(4) If the record containing the requested infonnation cannot be identified, the archivist shall, in writing, tell the person who made the request that the record cannot be identified and ask him to give more details that might help a departmental official identify the relevant record.

ACCESS TO INFORMATION ACT

CHAPTER I

(5) If the record containing the requested information can be identified but the informa tion cannot be supplied immediately or the record cannot be located, the archivist shall, In writing, tell the person who made the request when he can return for the information.

(6) If the record that contained the information no longer exists the archivist shall, in writing, tell the person who made the request that the record no longer exists and, if possible, when it was destroyed.

(7) A request for information shall be made during the regular working hours of the office of the archivist. Time for grant or denial of request 5.(

I) A request for information shall be granted or denied within 30 days after the day on which the request is made.

(2) A request for information that is not granted within 30 days of the day on which the request was made or within the extended time allowed under subsection (3), shall be deemed to have been denied and the reasons for the denial shall be provided.

(3) If the record containing the requested information cannot be identified and the person who requested it has been asked to give more details to help identify the relevant record, the request shall be granted or denied within 30 days after enough additional details are given to enable the record to be identified. Grant of request 6. If the request for information is granted and the prescribed fee has been paid the archi vist shall make the information available and provide copies of the record upon request. Exceptions 7. There is no right to information under this Act where access to it or its release (

a) would disclose information the confidentiality of which is protected by law, (

b) would reveal information concerning another person's identity, residence, dependents, marital status, employment, financial transactions, income, assets and liabilities, credit worthiness, education, character, reputation, health, physical or personal characteristics, or mode of living, where that information was given in the reasonable expectation that its confidentiality would be protected, (

c) would violate the confidentiality of information that was given by another government, (

d) would violate the confidentiality of information that was given by another person and is of a kind consistently treated as confidential by that person, (

e) would likely cause a financial loss to or gain for a person or department, or affect the competitive position of a person or department, (

f) would jeopardize negotiations in relation to an existing or proposed agree ment or contract, 2

CHAPTER I ACCESS TO INFORMATION ACT (

g) would disclose the substance of proposed legislation or regulations, (

h) would disclose the existence or content of opinions or recommendations communicated to, between, or from members of the Executive Council on matters relating to the formulation of government policy and the making of government decisions, (

i) would disclose any agenda for or record of the deliberations of the Executive Council,

U) would disclose legal opinions or advice given to a person or department, or privileged communications as between lawyer and client in a matter of departmental business, (

k) would be detrimental to the proper enforcement of any law of Canada or of the Yukon, the conduct of lawful investigations in respect of such laws, the administration of justice, or the proper custody, control or supervision of persons under sentence, (

I) would violate any right respecting intellectual property, including any copy right, patent right or trademark right, (

m) would hamper an audit in progress or reveal an auditing program or auditing operation plan, or (

n) would likely prejudice the outcome of judicial proceedings in progress. Exception for portions of records 8.(

I) If a record contains some information that cannot be disclosed, that portion of the record shall not be disclosed and the remainder shall be disclosed.

(2) If it is not practical to separate the portion of the record that can be disclosed from the portion that cannot be disclosed, the portion that can be disclosed shall, if the prescribed fee is paid, be transcribed into a form that can be disclosed to and used by the person who requests the information. Denial of request 9.( 1) A request for information may only be denied (

a) where the record of the information does not exist, or (

b) in accordance with

section 7.

(2) If a request for information is denied the archivist shall give to the person who made the request (

a) written reasons for the denial, and (

b) a written description of the right and procedure for appealing against the denial. Appeal from denial of request 10.

(1) If the request for information is denied, the person who made the request may appeal the denial by delivering to the archivist a written notice of appeal within 15 days after the day his request was denied. 3

ACCESS TO INFORMATION ACT

CHAPTER J

(2) The appeal shall be considered and decided by the Executive Council Member charged with responsibility for the department to whose operation the information relates.

(3) The appeal to the Executive Council Member is not a judicial proceeding and he may review the request and the denial in any manner and consult with any person and hear any representations and receive any recommendations as he thinks appropriate.

(4) The Executive Council Member shall, within 30 days after the notice of appeal is delivered to the archivist, uphold, vary or overrule the denial and shall give reasons for the decision.

(5) If the Executive Council Member overrules or varies the denial, he shall issue appropriate instructions to ensure that the requested information, or the portion that he decides can be released, is made available to the person who made the request. Further appeal to Supreme Court 11.

(1) If the request for information has been denied by the Executive Council Member, the person who requested the information may appeal by means of a petition to a judge of the Supreme Court.

(2) On the appeal to him the Supreme Court judge may require the production of and may inspect the information that is the subject of the appeal, if the information exists, but that inspection shall be conducted without the presence of any person and the confidentiality of the information shall be preserved pending the judge's decision about whether the person who requests the information has a right to it.

(3) Upon hearing the appeal, the Supreme Court judge may (

a) order that the archivist grant the request for some or all of the requested information, (

b) order that the denial of the request be upheld in relation to some or all of the information, or (

c) make any order in consequence of, or to implement, an order under para graphs (

a) and (

b) that seems necessary and just in the circumstances.

(4) If under

section 7 there is no right to the requested information the Supreme Court judge shall not order the archivist to grant the request. Regulations 12. The Commissioner in Executive Council may make regulations (

a) prescribing fees for the purposes of this Act; (

b) without requiring the use of any particular form, prescribing forms that may be used under this Act; (

c) prescribing such procedures as are not established by the Act as may be necessary to carry out the purposes of the Act. 4

CHAPTER 2 AGE OF MAJORITY ACT Majority at age 19 1.(

I) Every person attains the age of majority, and ceases to be a minor, on attaining the age of 19 years.

(2) Every person who, on March I, 1972, has attained the age of 19 years but has not attained the age of 21 years, attains the age of majority and ceases to be a minor on March I, 1972. Application and rules of law 2.

Section I applies for the purposes of any rule of law in respect of which the Legislature has jurisdiction. Meaning of similar expressions 3.(

I) In the absence of an express definition or an indication of a contrary intention,

section I applies in respect of the expressions "adult", "full age", "infant", "infancy", "minority" and similar expressions (

a) in any Act or any regulation, rule, order or bylaw made under

an Act enacted or made before or after March I, 1972, and (

b) in any deed, will or other instrument of whatever nature made after March I, 1972.

(2) The use of expressions set out in subsection (

I) or similar expressions shall not in itself be deemed to indicate a contrary intention for the purpose of this

section without some further indication of a contrary intention. Twenty-one means 19 in other laws 4.(

I) In any regulation, rule, order or bylaw made under

an Act, a reference to the age of 21 years shall be read as a reference to the age of 19 years.

(2) Where, by

an Act of the Yukon, any Act of Canada or a province or any provision thereof is made to apply in respect of any Act, matter or thing over which the Legislature has jurisdiction, in applying the Act of Canada or a province or provision thereof in respect of such Act of the Yukon, matter or thing, any reference to the age of 21 years in the Act of Canada or a province or provision thereof shall be read as a reference to the age of 19 years. Court orders 5.(

I) In any order or direction of a court made before March I, 1972, in the absence of an indication of a contrary intention, a reference to the age of21 years or to any age between 19 and 21 years or to any expressions set out in subsection 3(

I) or similar expressions, shall be read as a reference to the age of 19 years.

AGE OF MAJORITY ACT

CHAPTER 2

(2) The use of the words' '21 years" or words stating an age between 19 and 21 years in an order or direction to which reference is made in subsection (

I) shall not itself be deemed to indicate a contrary intention for the purposes of this

section without some further indication of a contrary intention. Right of action and defence preserved 6. Where a right of action or a defence to an action that is based upon the age of a party was in existence on March I, 1972, the law that was in force immediately prior to March I, 1972, shaIl apply. Time of attaining age 7.

(1) The time at which a person attains a particular age expressed in years shall be the commencement of a relevant anniversary of the date of his birth.

(2) Subsection (

I) applies only where the relevant anniversary falls after March I, 1972, and in relation to any Act or any regulation, rule, order, or bylaw made under

an Act or any deed, will or other instrument has effect subject to the provisions thereof. Accumulations 8. This Act does not invalidate any direction or accumulation expressed in a settlement or other disposition made by a deed, wiIl or other instrument and executed before March I, 1972 that, but for this Act, was a permissible period of accumulation. Limitations of actions 9. Where, on March I, 1972, a person has (

a) attained the age of 19 years but has not attained the age of 21 years, and (

b) a right of action in respect of which the period of limitation applicable to the bringing of the action would have commenced to run on his attaining the age of 21 years had this Act not been enacted, the period of limitation in respect of that right of action commences to run on March I, 1972. Transitional 10. Notwithstanding any rule of law, a wiIl, or codicil executed before March I, 1972, shall be deemed, for the purposes of this Act, not to have been made on or after that date by reason only that the wiIl or codicil is confirmed by a codicil executed on or after that date. Exemption re existing statutory provisions 11. This Act does not affect the construction of a provision of

an Act or a regulation, rule, order or bylaw made thereunder that is incorporated in and has effect as part of a deed, wiIl or other instrument if the construction of the deed, wiIl, or other instrument is not affected by

section I. Perpetuities not affected 12. This Act does not apply so as to affect the law relating to perpetuities. 2

CHAPTER 2 AGE OF MAJORITY ACT Regulations 13. The Commissioner in Executive Council may make such regulations and prescribe such forms as he deems necessary for carrying out the purposes and provisions of this Act. 3

CHAPTER 3 AGRICULTURAL PRODUCTS ACT

Interpretation l.

In this Act, "agricultural product" means any product of commercial or domestic agriculture, horticulture, animal husbandry, bee-keeping, berry-picking, fishing, hunting or other similar activity, grown, raised, harvested, collected, caught, taken, picked, packaged, processed or other wise produced or processed in the Yukon for human consumption including, without limiting the generality of the foregoing, meat, honey, fish, poultry, eggs, milk, yogurt, teas, vegetables, nuts, mushrooms, berries, fruit and grains, whether wild or domestic; "contaminated" means sprayed, coated, mixed with or in any way in contact with dirt, toxic substances, or unsanitary substances, or altered by heat, chemical, biological or other actions; "inspector" means an inspector appointed under this Act; "regulated product" means an agricultural product that has been declared by the regulations to be a regulated product; "sell" includes any transaction in respect of the possession of any regulated product made for any consideration or in hope or expectation thereof, including (

a) commercial promotions where regulated products are ostensibly given away for free, and (

b) transactions in which a regulated product is made available to a person for no consideration, but the product is to be or is in fact processed or altered after the product is made available for any consideration, or in hope or expectation thereof, by the person making the product available in the first place. Appointment of inspectors 2. The Commissioner in Executive Council shall appoint such inspectors as are consid ered necessary for the administration and enforcement of this Act. Entry upon lands 3.

In the performance of duties under this Act, an inspector and any person accompany ing an inspector at his or her request for the purpose of assisting in the performance of his or her duties, may enter upon any land, and while so engaged they are liable only for any actual damage wilfully or negligently caused by them. Enforcement of the Act and issuance of licences 4. Every inspector has the authority to enforce the provisions of this Act and to issue any licence that may be issued under this Act. Inspection of agricultural products S.

An inspector may inspect any agricultural product found in a place to which the public has access.

AGRICULTURAL PRODUCTS ACT

CHAPTER 3 Inspection of premises 6.(

I) An inspector may at any reasonable time enter any premises in respect of which a licence has been issued under this Act in order to inspect the premises for the purposes of this Act related to the licence.

(2) Where an inspector is refused entry to any premises under subsection (I), the Execu tive Council Member may suspend or cancel the licence. Inspection of records 7.(

I) An inspector may at any reasonable time require a person to produce for inspection any records the person is required to keep under this Act, and the inspector may take extracts from them or make copies of them.

(2) Where a person refuses to produce within a reasonable time any record for the inspection of an inspector under subsection (I), the inspector may apply to a justice of the peace for an order for the seizure of the record to enable extracts to be taken or copies made.

(3) Records seized under subsection (2) shall be returned to the person from whom they were seized as soon as practicable after the necessary extracts are taken or copies made. Searches 8.(

I) Subject to subsection (2), where an inspector has reasonable and probable grounds to believe and does believe that there is in any place any agricultural product in respect of which anything has been done or omitted to be done in contravention of this Act, or any object used for the commission of an offence under this Act, the inspector may search the place.

(2) An inspector shall not search any place unless, immediately before the search, the inspector obtains the permission of a lawful occupant to do so, or unless the inspector obtains a search warrant authorizing the search.

(3) A search warrant may be issued by a justice of the peace where he or she is satisfied by information upon oath that there are reasonable grounds for believing that there is in any place (

a) any papers, books, films, pictures, recordings or records that may afford evidence of the commission of an offence under this Act, or (

b) any agricultural product or object referred to in subsection (I).

(4) In the carrying-out of a search under this section, an inspector may use all force that is necessary in the circumstances, including the breaking of any lock or fastening, but the inspector shall (

a) ensure that the premises are left as secure after the search as they were at the commencement of the search, and (

b) make a reasonable effort forthwith after the search to give notice of any action under this subsection to the owner or other person entitled to posses sion of the place searched. 2

CHAPTER 3 AGRiCULTURAL PRODUCTS ACT

(5) Where the owner or other person authorized to occupy a dwelling house that is not vacant is absent from the premises, an inspector shall not exercise any power under subsection (4) unless (

a) he or she is accompanied by a member of the Royal Canadian Mounted Police, and (

b) he or she has made a reasonable effort to give advance notice of the search to the owner or other person.

(6) Where an inspector is carrying out a search under this

section he or she may be accompanied by any person who may be of assistance in carrying out the search.

(7) A search warrant issued under this

section shall be executed by day unless the justice, by the warrant, authorizes execution of it by night.

(8) In this

section "place" includes any land, building, dwelling house, tent, camper, trailer, motor home, aircraft or watercraft. Seizures 9.

(1) An inspector may seize any agricultural product in whole or in part where he or she is of the opinion that (

a) it may be evidence of the commission of an offence under this Act, (

b) it may disclose evidence of disease, (

c) it may be so contaminated as to make it unfit for human consumption, or (

d) it is found with any agricultural product that is seized under paragraph (a), (

b) or (

c) and it is not easily distinguishable therefrom.

(2) Where an inspector finds anything that he or she reasonably believes may be evidence of the commission of an offence under this Act, he or she may seize it. Seizure without removal from premises 10. An agricultural product may be seized without removing it from the premises or place at which it is located at the time of the seizure. Receipt for seizure It. Upon the seizure of anything under this Act, a receipt reasonably descriptive of the seized products or things shall be issued to the person from whom they were seized, but if there is no such person present (

a) the receipt shall be left in a prominent place at the place of the seizure, if the seizure is made on private property, and (

b) notice of the seizure shall be given by newspaper advertisement or such other means as reasonably might bring the seizure to the attention of interested persons, if the seizure is not made on private property. Release from seizure 12.(

l) Subject to subsection (2), the Executive Council Member may release from seizure any agricultural product or other thing seized under

section 9. 3

AGRICULTURAL PRODUCTS ACT

CHAPTER 3

(2) No agricultural product shall be released from seizure, and no court shall make any order to that effect, if the product is unfit for human consumption, unless appropriate condi tions are imposed for its disposal or destruction. Diseased or contaminated products under seizure 13. {

I) Notwithstanding any other provision of this or any other Act or law, where an agricultural product that has been seized is found to be diseased or contaminated so as to render it unfit for human consumption, an inspector may issue an order for its destruction or other disposition.

(2) An order under subsection (

I) may provide for the destruction of an agricultural product without its removal from the premises or place where it is located, notwithstanding that it may be located on private property. Compensation for spoilage of seized products 14.

(1) Where an agricultural product is seized under paragraph 9(l)(

b) or (

c) and no evidence of disease or contamination is subsequently found, it shall forthwith be released from seizure, but if the product has spoiled while under seizure the Executive Council Member may pay to the owner compensation for the loss not exceeding the fair market value the product might reasonably have been expected to bring if it had not been seized.

(2) Compensation under subsection (

I) shall be paid to the owner where the spoilage of the agricultural product has resulted from the wilful or negligent failure of the inspector or the Executive Council Member, or anyone acting on behalf of the inspector or the Executive Council Member, to take reasonable care of the product during the seizure.

(3) In the absence of agreement between the Executive Council Member and the owner of an agricultural product under subsection (

I) or (2), the Agricultural Products Appeal Board may, upon the application of either party, determine the fair market value the agricultural product might reasonably have been expected to bring if it had not been seized. Exemption from liability 15. Except as provided by

section 14, no liability attaches to the Crown, the Executive Council Member or an inspector, or to any person assisting the Executive Council Member or an inspector at his or her re4uest, for loss or damage arising from the seizure, disposal or destruction of any diseased or contaminated agricultural product under this Act. Order for cleansing or closure of premises 16. An inspector may issue an order for the cleansing or closure of any premises, other than a dwelling house, where it is found to have contained any diseased or contaminated agricultural product. Form and content of orders 17.(

I) Every order under

section 13, 16 or 20 shall be in writing and shall specify with reasonable particularity the persons who are to comply with the order and the actions that are to be taken by them.

(2) An inspector may, in writing, vary or revoke any order he or she has made. 4

CHAPTER 3 AGRICULTURAL PRODUCTS ACT Regulated products 18.

(1) The Commissioner in Executive Council may, by regulation, declare any agricul tural product to be a regulated product.

(2) A regulation under subsection (

I) may be general, or it may restrict its operation in whole or in part to products coming from (

a) any specified area of the Yukon, (

b) any specified agricultural activity or enterprise, or (

c) any place outside the Yukon.

(3) The Commissioner in Executive Council may make regulations (

a) prescribing the records to be kept by any person producing, processing, selling, storing, transporting or delivering regulated products; Cb) regulating the handling, processing, packaging, storage, transportation and sale of regulated products; (

c) prescribing inspection requirements for regulated products; (

d) prescribing quality standards for regulated products; Ce) prescribing methods for marking or otherwise certifying regulated products after inspection. Sale of regulated products 19.

(1) No person shall sell a regulated product or offer a regulated product for sale to any person unless the product has been approved by an inspector in accordance with regulations applying to that product.

(2) Subsection (

I) does not prohibit a person from making an occasional private sale of a live animal raised by the person, whether or not he or she assists the purchaser with the slaughter or butchering of the animal. Regulated products unfit for consumption 20. Where an ir:spector finds a regulated product that is diseased, contaminated or otherwise unfit for human consumption, the inspector shall (

a) mark or identify it in the prescribed manner, and (

b) subject to the regulations, issue a written order giving directions for the destruction or other disposition of the product. Agricultural Products Appeal Board 21.(

I) The Commissioner in Executive Council shall establish an Agricultural Products Appeal Board for the purposes of

section 14 and to hear appeals from decisions and orders of inspectors under this Act.

(2) The Agricultural Products Appeal Board shall consist of the prescribed number of members appointed in accordance with the regulations for the prescribed tenn.

(3) Subject to the regulations, the Agricultural Products Appeal Board may detennine its own rules of procedure. 5

AGRICULTURAL PRODUCTS ACT

CHAPTER 3

(4) A member of the Agricultural Products Appeal Board may be paid transportation, accommodation and living expenses incurred in connection with the performance of his or her duties as a member of the board away from his or her 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 the Yukon.

(5) All evidence received by the Agricultural Products Appeal Board shall be given under oath or affirnlation, which may be administered as the board may direct, and the board may receive evidence orally or by affidavit or declaration as it may deem proper.

(6) Except as provided under subsection (5), the Agricultural Products Appeal Board is not bound by the technical rules of evidence applying to judicial proceedings. Exemptions 22. The Commissioner in Executive Council may make regulations exempting any person or transaction in agricultural products, or any class thereof, from the application of all or part of this Act. Offence and penalty 23.(

I) Every person who fails to obey an order of an inspector under this Act commits an offence.

(2) Every person who commits an offence under this Act is liable on

summary conviction to a fine of up to $1 ,000 or to imprisonment for a term of up to six months, or both. Regulations 24. The Commissioner in Executive Council may make regulations (

a) prescribing forms; (

b) prescribing fees to be paid in respect of any form, service, inspection or other matter under this Act; (

c) establishing grades for agricultural products; (

d) prescribing standards for and regulating all aspects of the operation of prem ises where animals are slaughtered or meat or fish is cut, wrapped, frozen, cured, smoked or aged; (

e) prescribing standards for and regulating all aspects of the operation of prem ises where agricultural products other than those referred to in paragraph (

d) are processed; (

f) providing for the licensing of premises referred to in paragraphs (

d) and (

e) or any other undertaking for the processing, packaging, storing, transporting, handling or selling of agricultural products; (

g) governing the slaughter of animals; (

h) prescribing diseases which render agricultural products unfit for human con sumption; (

i) providing for the exemption, with or without conditions, of any person or agricultural product, or class of persons or products, from the operation of this Act, or any provision of this Act; 6

CHAPTER 3 AGRICULTURAL PRODUCTS ACT (

j) providing for any matter required to be prescribed under any other provision of this Act; (

k) generally, respecting any other matter the Commissioner in Executive Coun cil considers necessary for carrying the purposes and provisions of this Act into effect. 7

CHAPTER 4 AGRICULTURE DEVELOPMENT ACT

Interpretation 1. In this Act, "lands" means properties to which the Lands Act applies. Agriculture Development Council 2. The Commissioner in Executive Council shall establish an Agriculture Development Council. Membership 3.(

I) The Agriculture Development Council shall consist of three members appointed by the Commissioner in Executive Council to hold office for not more than three years at a time.

(2) One of the members shall be appointed chairperson, and another, vice-chairperson. Chairperson 4.(

I) The chairperson of the Agriculture Development Council is its chief executive officer, and he shall (

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

b) preside at sittings of the council.

(2) Where the chairperson is unable at any time for any reason to exercise the powers or perform the duties of his office, the vice-chairperson may act in his place. Quorum 5. A quorum is two members of the Agriculture Development Council, but a vacancy in the membership of the council does not impair the right of the remainder to act. Expenses of members 6.

A member of the Agriculture Development Council who is not a member of the public service of the Yukon 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 the Yukon. Terms of reference for the council 7.

The Executive Council Member may establish terms of reference to be followed by the Agriculture Development Council in the performance of its duties under this Act.

AGRICULTURE DEVELOPMENT ACT

CHAPTER 4 Functions of the council 8. Subject to the directions of the Executive Council Member, for the purpose of advising the Executive Council Member respecting agriculture in the Yukon, the functions of the Agriculture Development Council extend to and include all matters relating to (

a) the disposition of lands for agricultural purposes, including (

i) agricultural development plans, (ii) eligibility criteria for applicants and conditions respecting the disposition of such lands, (iii) minimum and maximum parcel sizes, and rules for the laying out of such lands, (iv) terms to be contained in agreements for sale or lease, or other agreements, (

v) land use and subdivision controls for such lands, and (vi) prices for disposition of such lands, and methods of payment, (

b) the inspection, storage and marketing of agricultural products, and the provi sion of related services, (

c) research, promotional or educational programs relating to agriculture, and (

d) the collection and dissemination of information respecting agriculture in the Yukon. Responsibilities of the council 9. The Agriculture Development Council shall, at the request of the Executive Council Member and at any time it considers it appropriate to do so, advise the Executive Council Member generally respecting agriculture in the Yukon and, in particular, with respect to any of the following matters: (

a) the assessment of the agricultural potential of the Yukon, including the iden tification and evaluation of agricultural land, agricultural research, and analy sis of markets, transportation and other factors affecting agriculture; (

b) the development of the agricultural potential of the Yukon including (

i) the establishment and maintenance of fanns and other agricultural enterprises, (ii) the clearing and improvement of land for agriculture, (iii) the disposition of Crown land for agricultural purposes, (iv) irrigation and the supply of water for agricultural purposes, (

v) the provision of technical and other assistance to persons engaged in agriculture, and (vi) the coordination of agricultural programs of the Yukon with pro grams of Canada or any province; (

c) the preservation, protection and management of the agricultural potential of the Yukon, including (

i) the preservation of agricultural land for agriculture, (ii) soil conservation, (iii) the control of agricultural diseases, pests and weeds, (iv) the zoning of agricultural land, and (

v) grazing and other agricultural uses of public land; 2

CHAPTER 4 AGRICULTURE DEVELOPMENT ACT (

d) the taxation of farms and other agricul!ural enterprises, and the taxation of agricultural land and activities on such land; (

e) the regulation of agricultural activities for the benefit of the agricultural community or the public, including (

i) the control of livestock running at large, (ii) the operation of agricul!ural equipment on public highways, (iii) seed control, (iv) the branding of livestock and the administration of the Brands Act, and (

v) the establishment and maintenance of pound districts and the administration of the Pounds Act; (

f) the development and implementation of agricultural programs and policies by the Government of the Yukon; (

g) such further matters as the Executive Council Member may require. Regulations 10. The Commissioner in Executive Council may make regulations (

a) respecting the expenses that may be paid to members of the Agriculture Development Council; (

b) establishing agricul!ural programs of the Government of the Yukon; (

c) providing for the participation of the Agricul!ure Development Council in the disposition of land for agricultural purposes; (

d) providing for the coordination of policies and programs under this Act with policies and programs of the Government of Canada in the Yukon; (

e) generally making provision for such matters as he considers necessary for carrying this Act into effect. 3

CHAPTER 5 ANIMAL PROTECTION ACT

Interpretation 1. In this Act, "animal" includes mammals, birds and fish, but does not include wildlife; "distress" means the state of (

a) being in need of proper care, food or shelter, (

b) being injured, sick or in pain or suffering, or (

c) being abused or subject to undue or unnecessary hardship, privation or neglect; "humane society" means an organization that is approved as a humane society under

section 8; "peace officer" means a member of the Royal Canadian Mounted Police, an enforcement officer of a municipality who has been sworn as a peace officer pursuant to the Municipal Act and who is carrying out his duties within the municipality by whom he is employed pursuant to that Act or a special officer appointed for the purposes of this Act; "veterinary surgeon" means a person who is entitled to practise veterinary medicine in a province or in the State of Alaska; "wildlife" means any vertebrate animal of any species that is wild by nature in the Yukon. Powers of peace officer 2.

(1) Where an animal is found in distress in a public place or, subject to

section 3, in any other place, and (

a) the owner or person in charge of the animal does not forthwith take appropri ate steps to relieve its distress, or (

b) the owner or person in charge of the animal is not present and cannot be found promptly, a peace officer may, subject to this Act, take such action as he considers necessary or desirable to relieve its distress, and for that purpose he may (

c) take custody of the animal, (

d) arrange for any necessary transportation, food, care, shelter and medical treatment of the animal, and (

e) deliver the animal into the custody of a humane society.

(2) Before acting under subsection (

I) a peace officer shall take reasonable steps to find the owner or person in charge of the animal and, if found, shall endeavour to obtain his cooperation to relieve the animal's distress.

(3) If the owner of the animal is not present or promptly found and informed of the animal's distress by a peace officer pursuant to subsection (2), the humane society into whose custody the animal is delivered shall take reasonable steps to find the owner and, if found, to inform him of the action taken.

ANIMAL PROTECTION ACT

CHAPTER 5 Entry of premises 3.

(1) Where he has reasonable and probable grounds for believing, and does believe, that an animal is in distress, (

a) in or upon any premises, other than a dwelling place, or (

b) in any vehicle or other chattel, and where he has made every reasonable effort to first obtain a warrant but is unable to do so, for any reason other than the refusal of a justice to issue the warrant, a peace officer may, without a warrant, enter (

c) in or upon the premises, other than a dwelling place, or (

d) any vehicle or other chattel, and search for the animal, and may exercise his powers under

section 2 with respect to any animal in distress found therein.

(2) Where it appears to a justice, on information laid before him on oath, that there are reasonable and probable grounds for believing there is an animal in distress in or upon any premises, including a dwelling place, vehicle or other chattel within his jurisdiction, the justice may issue a warrant authorizing a peace officer to enter, by force if necessary, the premises, dwelling place, vehicle or other chattel specified in the warrant and search for the animal, and thereupon the peace officer may exercise his powers under

section 2 with respect to any animal in distress found therein.

(3) Before entering any premises, dwelling place, vehicle or other chattel pursuant to this

section a peace officer shall take reasonable steps to find the owner or person in charge of the premises, dwelling place, vehicle or other chattel and endeavour to obtain his cooperation to relieve the animal's distress.

(4) Where a peace officer uses force in entering or searching any premises, dwelling place, vehicle or other chattel, he shall use no more force than is reasonably required under the circumstances. Relieving of distress of animals 4.( 1) Notwithstanding anything in this Act to the contrary, where an animal taken into custody pursuant to

section 2 is in such distress that, (

a) in the opinion of a veterinary surgeon, (

b) if a veterinary surgeon is not readily available, in the unanimous opinion of a peace officer and two reputable citizens, or (

c) in a critical situation where a veterinary surgeon or two reputable citizens are not readily available, in the opinion of a peace officer, the animal cannot be relieved of its distress so as to live thereafter without undue suffering, the peace officer or humane society having such custody may cause the animal to be destroyed.

(2) Where an animal is to be destroyed pursuant to this

section but the animal's suffering will not be unduly prolonged thereby, the peace officer or the humane society having custody of the animal shall take reasonable steps to find the owner of the animal and endeavour to obtain his consent to its destruction. 2

CHAPTER 5 ANIMAL PROTECTION ACT Recovery of expenses by society 5.(

I) A humane society has a lien upon any animal delivered or taken into its custody under this Act for any expenses properly incurred with respect to the animal for transportation, food, care, shelter and medical treatment and may require the owner to pay those expenses before delivering the animal to the owner.

(2) Expenses properly incurred may be recovered by the humane society in an action in debt against the owner of the animal or person who, with the consent, express or implied, of the owner of the animal, was in charge of the animal at the time the animal was taken into custody pursuant to

section 2. Minimum time limits before animal may be sold or given away 6.

(1) Subject to subsection (2), where the owner of an animal is not found within 72 hours after the animal came into the custody of a humane society pursuant to this Act or, if found, (

a) does not, within 72 hours after being informed that the animal was taken into the custody of the society, (

i) pay to the society, or (ii) undertake to pay to the society within an agreed time, the expenses properly incurred by the society with respect to the animal, or (

b) does not pay those expenses within the time agreed upon under clause (a)(ii), the society may sell or give the animal to any person.

(2) Notwithstanding subsection (1), where the animal bears an obvious identification tattoo, brand, mark, tag or licence, the applicable time limit in any event under subsection (

I) shall be ten days from the time the animal was taken into the custody of a humane society.

(3) Where a humane society sells or gives an animal to any person pursuant to this section, (

a) the animal becomes the property of the person to whom it is sold or given, and (

b) any money paid to the society with respect to the animal is the property of the society. Animal may be destroyed 7.

(1) Where an animal has been delivered into the custody of a humane society pursuant to this Act and, after the expiry of the periods prescribed under

section 6, the society is unable to sell or give the animal away, the society may cause the animal to be destroyed.

(2) Where an animal is given to a humane society and the society is unable to sell or give the animal away, the society may cause the animal to be destroyed. Approval of humane society 8.() The Commissioner in Executive Council (

a) may approve as a humane society for the purposes of this Act any organiza tion having as a principal object the prevention of cruelty to animals, and 3

ANIMAL PROTECTION ACT

CHAPTER 5 (

b) may suspend or revoke the approval.

(2) The Commissioner in Executive Council may appoint any officer or employee of a humane society as a special officer with authority to exercise the powers of a peace officer for the purposes of this Act. Inspection of animal exhibitions, sales 9. If authorized by or under the regulations, and subject thereto, a peace officer, (

a) without a warrant and in ordinary business hours, and (

b) for the purpose of enforcing this Act and the regulations, may enter and inspect any premises other than a dwelling place where animals are kept for sale, hire or exhibition. Regulations 10. The Commissioner in Executive Council may make regulations (

a) governing the approval and the suspension and revocation of approval of organizations as humane societies; (

b) prescribing the qualifications required or persons to be appointed special officers for the purposes of this Act; (

c) respecting the manner of taking an animal into custody; (

d) defining what constitutes taking reasonable steps to find the owner of an animal in distress; (

e) prescribing a tariff of expenses which may be charged to the owner of an animal taken into custody under this Act for transportation, food, care, shel ter and medical treatment of the animal; (

f) prescribing, with respect to animals kept for sale, hire or exhibition, the standard of care with which the animals shall be maintained; (

g) respecting the authorization of peace officers, in general or, in particular, to exercise the powers specified in

section 9 subject to such conditions and restrictions as are considered desirable in the public interest; (

h) respecting any other matter necessary or desirable to give effect to the intent of this Act. Offence and penalty 11. Any person who contravenes this Act or the regulations thereunder is guilty of an offence and liable on

summary conviction, to a fine of not more than $500 and in default of payment to imprisonment for a tenn not exceeding six months, or to both fine and imprison ment. Immunity of officers and society from prosecution 12. No action lies against a peace officer or a humane society or any officer or employee of a humane society for any thing done in good faith and purporting to be done under this Act or the regulations thereunder. 4

CHAPTER 5 ANIMAL PROTECTION ACT Other Acts prevail 13. Nothing in this Act shall be construed as affecting any right, power, duty or prohibi tion relating to animals conferred or imposed by or under any other Act and where any conflict exists between the provisions of this Act or the regulations thereunder and that other Act or the regulations thereunder, the provisions of that other Act or regulations thereunder shall prevail. 5

CHAPTER 6 APPRENTICE TRAINING ACT

Interpretation 1. In this Act, •• apprentice" means a person who has entered into an agreement with the Executive Council Member, pursuant to

section 6, under which that person undertakes to pursue a course of training in a designated occupation; "designated occupation" means an occupation designated by the Commissioner in Executive CounciL Director of apprentice training 2. The Executive Council Member shall designate a member of the public service of the Yukon to be director of apprentice training who shall be responsible for the administration of this Act and shall perfonn the duties and have the powers that are or may be assigned to him or her under this Act. Appointment of advisory committees 3.

The director shall appoint the members of such trade advisory committees as may be established by the Commissioner in Executive Council. Inspectors of apprentice training 4. The Executive Council Member may designate members of the public service of the Yukon to be inspectors of apprentice training who shall act under the supervision of the director of apprentice training and shall perfonn the duties and have the powers that are or may be assigned to them under this Act. Apprentice Advisory Board 5.(

I) There shall be a board of not less than five members to be known as the Apprentice Advisory Board.

(2) The director of apprentice training shall be a member and the chairperson of the Apprentice Advisory Board, and the other members of the board shall be appointed by the Commissioner in Executive Council.

(3) Of the members of the Apprentice Advisory Board appointed by the Commissioner in Executive Council, half shall be employers of persons in a designated occupation and half shall be employees in a designated occupation.

(4) A member of the Apprentice Advisory Board may be paid such remuneration as may be prescribed and may also be paid transportation, accommodation and living expenses incurred in connection with the perfonnance of his or her duties as a member of the board away from his or her ordinary place of residence but, except as otherwise prescribed, the payment of

APPRENTICE TRAINING ACT

CHAPTER 6 such expenses shall confonn as nearly as possible in all respects to the payment of such expenses for members of the public service of the Yukon.

(5) The Apprentice Advisory Board shall perfonn such duties and have such powers as may be assigned to it under this Act. Agreement with apprentice 6.(

I) The Executive Council Member may enter into a written agreement with any person who (

a) wishes to pursue a course of training in a designated occupation, (

b) is at least 16 years of age, and (

c) resides in the Yukon, upon such tenns and conditions as the Executive Council Member may think fit, to provide for the training of that person in a designated occupation.

(2) An agreement referred to in subsection (

I) is not binding upon the parties unless it is in writing and is signed (

a) by the Executive Council Member, (

b) by the person who wishes to pursue a course of training in a designated occupation, and (

c) by a parent or guardian if such person is a minor and resides with his parent or guardian.

(3) An agreement entered into by a minor pursuant to this

section is binding upon such minor as if he had been of full age and capacity at the time the agreement was entered into. Agreement with employer 7. The Executive Council Member may enter into an agreement with any person who (

a) wishes to employ an apprentice, and (

b) is capable of providing a course of practical training in a designated occupa- tion, upon such tenns and conditions as the Executive Council Member may think fit, to provide for the practical training of an apprentice in that designated occupation. Grants to apprentices and others 8. The Executive Council Member may make grants of money and provide goods or services to apprentices or to other persons employed in designated occupations, upon such tenns and conditions as the Commissioner in Executive Council may prescribe. Regulations 9.(

I) The Commissioner in Executive Council may make regulations, (

a) designating occupations to which this Act applies; (

b) prescribing the qualifications necessary to become an apprentice in any desig nated occupation and the manner of establishing qualifications; (

c) prescribing the duration, nature and scope of the practical and theoretical training to be received by an apprentice in any designated occupation; 2

CHAPTER 6 APPRENTICE TRAINING ACT (

d) providing for changes in the duration, nature and scope of practical or theo retical training of apprentices who have had experience in a designated occu pation before becoming apprentices; (

e) prescribing the conditions under which agreements entered into pursuant to

section 6 or 7 may be terminated or cancelled; (

I) prescribing the duties and obligations that shall be imposed upon and observed by an apprentice in respect of his employer; (

g) prescribing the duties and obligations that shall be imposed upon and observed by an employer in respect of the apprentices employed by him; (

h) providing for the appointment of examining boards and prescribing the duties and remuneration of members; (

i) establishing trade advisory committees, prescribing their duties and functions and prescribing the remuneration of their members; (

j) providing for the examination of apprentices, persons wishing to become apprentices and persons employed in designated occupations, and establish ing the standards for examination; (

k) providing for the issuance of certificates of status, certificates of completion of apprenticeship and other certificates of competence or proficiency, and prescribing the conditions for the issuance of the certificates; (

I) providing for the issuance of identification cards and requiring the production of such cards under certain conditions; (

m) providing for the recognition of certificates of occupational status or their equivalent, issued by any province and prescribing the conditions for the issuance of certificates of status, certificates of completion of apprenticeship or other certificates of competence or proficiency to the holders thereof; (

n) prescribing the working conditions, hours of labour and rates of wages for apprentices; (0) prescribing the powers and duties of the Apprentice Advisory Board; (

p) prescribing the powers and duties of the director of apprentice training; (

q) prescribing the powers and duties of the inspectors of apprentice training; (

r) providing for inspection of the training of apprentices; (

s) providing for a system for recording the progress of the training of appren tices; (

t) providing for the keeping of records accessible to the public; (

u) providing for the making of grants of money to apprentices and other persons employed in designated occupations, and prescribing the conditions for eligi bility for, the amount of and the manner of repayment of grants; (

v) providing for the provision of goods or services to apprentices and other persons employed in designated occupations and prescribing the conditions for eligibility for such provision, the amounts to be provided and the manner of providing goods or services; (

w) providing for the repayment of any grant made to an apprentice or to a person employed in a designated occupation, providing for the repayment of the value of any goods or services directed to an apprentice or to a person employed in a designated occupation, and prescribing the conditions upon which such repayment is required and the manner in which such repayment is made; 3

APPRENTICE TRAINING ACT

CHAPTER 6 (

x) prescribing forms used for the purpose of this Act and the regulations; (

y) requiring payment of fees and prescribing the amount of fees paid in respect of any agreement, examination, perusal or search of records, for the issuance of any certificate or other document or for any other service provided pursu ant to this Act or the regulations; (

z) prescribing a fine not exceeding $500 or imprisonment not exceeding six months or both fine and imprisonment to be imposed upon

summary convic tion as a penalty for violation of a regulation; (aa) generally for the carrying out of the purposes and to give effect to the provisions of this Act.

(2) Notwithstanding any other provision of this Act, the Commissioner in Executive Council may make regulations establishing standards, and providing for the issuance of certifi cates of occupational status, competency or proficiency for occupations, whether or not a program of apprentice training is provided in respect thereof under this Act. 4

CHAPTER 7 ARBITRATION ACT

Interpretation 1.

(1) In this Act, "arbitrator" includes an umpire and a referee in the nature of an arbitrator; "award" includes umpirage and a certificate in the nature of an award; "submission" means a written agreement to submit differences to arbitration, whether or not an arbitrator is named in the agreement.

(2) The Commissioner in Executive Council may make rules of practice and procedure, including tariffs of fees and costs, for the better carrying out of the purposes of this Act and for regulating the practice hereunder, and, until other rules are so made, the Rules of Court established under the Judicature Act apply mutatis mutandis to all causes, matters and proceed ings under this Act. Application of the Act 2.

This Act applies to every arbitration under any Act whenever passed as if the arbitra tion were pursuant to a submission, except insofar as this Act is inconsistent with the Act regulating the arbitration or with rules or procedure authorized or recognized by that Act. Reference by submission 3.(

I) Unless a contrary intention is expressed in a submission or a judge allows a submission to be revoked, a submission is irrevocable and has the same effect as if it had been made an order of ajudge.

(2) A submission is not revoked by the death of the parties to it or either of them. Single arbitrator 4. Where no other mode of reference is provided in a submission, the reference shall be to a single arbitrator. Umpire 5. Where the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award. Where arbitrator or umpire fails to act 6.(

I) Where an arbitrator refuses to act or is incapable of acting or dies, the party by whom he was appointed may appoint an arbitrator in his stead, and this power may be exercised as vacancies occur.

ARBITRATION ACT

CHAPTER 7

(2) Where an umpire refuses to act or is incapable of acting or dies, the arbitrators by whom he was appointed may appoint an umpire in his stead, and this power may be exercised as vacancies occur. Umpire to act where arbitrators cannot agree 7. Where the arbitrators have allowed their time or extended time to expire without making an award or have delivered to any party to the submission or to the umpire a notice, in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators. Removal for misconduct 8.

Where a judge is satisfied upon evidence submitted to him by a party to the submission that an arbitrator or umpire has misconducted himself in the arbitration, the judge may remove the arbitrator or umpire and may appoint an arbitrator or umpire in his stead. Stay of proceedings 9.

Where a party to a submission or a person claiming through or under him commences legal proceedings against any other party to the submission or any person claiming through or under him, in respect of a matter agreed to be referred, a party to such proceedings may, after service upon him of a statement of claim and before he takes any step in the proceedings, apply to a judge for a stay of proceedings, and the judge, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission and that the applicant was, at the time when the proceedings were commenced, ready and willing to do all things necessary to the proper conduct of the arbitration and still remains ready and willing to do so, may make an order staying the legal proceedings.

Appointment of arbitrator or umpire by a judge 10.(

I) In any of the following cases: (

a) where a submission provides that the reference is to a single arbitrator and the persons whose concurrence is necessary do not, after differences have arisen, concur in the appointment of an arbitrator; (

b) where an arbitrator or an ump:re is to be appointed by any person and that person does not make the appointment; (

c) where an arbitrator or umpire refuses to act or is incapable of acting or dies and the person having the right to appoint a person to fill the vacancy has not made the appointment; a party may serve the other party or the arbitrators or the person who has the right to make the appointment, as the case may be, with a written notice to concur in the appointment of a single arbitrator or to appoint an arbitrator or umpire.

(2) Where an appointment is not made within seven clear days after the service of the notice referred to in subsection (I), a judge may, on application by the person who gave notice, appoint an arbitrator or umpire.

(3) An arbitrator or umpire appointed under subsection (2) has the like powers to act in the reference and to make an award as if he had been appointed by consent of all parties. 2

CHAPTER 7 ARBITRATION ACT Powers of arbitrators 11.

(1) Unless a submission expresses a contrary intention, an arbitrator or umpire acting under the submission has power (

a) to administer oaths to the parties and witnesses, (

b) to state an award as to the whole or any part thereof in the form of a special case for the opinion of a judge, and (

c) to correct, in an award, any clerical mistake or error arising from an acciden· tal slip or omission.

(2) An arbitrator or umpire may at any stage of the proceedings and shall, if so directed by a judge, state in the form of a special case for the opinion of a judge any question of law arising in the course of the reference. Application of Evidence Act 12. All provisions of the Evidence Act that are not inconsistent with this Act apply to proceedings under this Act. Compulsory attendance of witnesses 13. A party to a submission may obtain a subpoena or other notice under the Rules of Court to compel the attendance of a witness, but no person is compelled to produce a document that he would not have to produce on the trial of an action. Evidence de bene esse 14.(

I) Where a party to a submission desires to procure for use upon the reference the evidence of a person to be taken de bene esse or to be taken out of the Yukon, an order may be made for the examination of such person or for the issue of a commission in the like circum stances and with the like effect as a similar order made in an action.

(2) The Judicature Act and Rules of Court apply to an order or commission under subsection (1) and to the proceedings thereon and the evidence taken thereunder. Duty of parties 15.

A party to a reference or a person claiming under him shall, subject to any legal objection, submit to be examined by an arbitrator or umpire on oath in relation to the matters in dispute and shall, subject to any legal objection, produce before the arbitrator or umpire all books, deeds, papers, goods, documents and things in his possession or power that are required or called for and shall do all other things that during the proceedings on the reference the arbitrator or umpire requires. Oath 16. Witnesses on a reference shall be examined on oath. Evidence of prisoners 17.

A judge may order a sheriff, gaoler or other officer who has the custody of a prisoner to produce him for examination before an arbitrator or an umpire. 3

ARBITRATION ACT

CHAPTER 7 Copies of documents 18. An arbitrator or an umpire, where no special reason appears to him to exist for filing an original book, paper or document as an exhibit, may allow a copy of the whole or a portion thereof as he may deem material to be substituted as an exhibit in the place of the original book, paper or document. Arbitrator's time to make award 19. An arbitrator shall make his award in writing (

a) within three months after entering on the reference, (

b) within three months after having been called on to act by notice in writing from a party to the submission, or (

c) on or before any later date to which all the parties to the submission, by a writing signed by them, may increase the time for making the award. Umpire's time to make award 20. An umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired or on or before any later date to which the persons who appointed him, by any writing signed by them, may increase the time for making his award. Extension of time by judge 21.

Upon application made to a judge by an arbitrator or umpire, time for making an award may be increased by the judge, whether or not the time for making the award has expired. Remission of award 22.(

I) Where, upon an application by a party to a submission, a judge is satisfied that a reference requires further consideration by an arbitrator or an umpire, the judge may remit the matters referred or any of them to the arbitrator or the umpire for further consideration.

(2) Unless the judge otherwise directs, where a reference is remitted to an arbitrator or an umpire under subsection (I), the arbitrator or the umpire shall make the award within three months after the date of the remission. Delivery of award 23. An award shall be delivered to any of the parties to a submission requiring the same and the personal representatives of a deceased party may require delivery of the award. Enforcement of award 24. An award may, by leave of a judge, be enforced in the same manner as a judgment or an order to the same effect. A ward is tinal 25.

Subject to sections 26 and 27 respecting appeals and setting aside awards, an award made by an arbitrator or by a majority of arbitrators or by an umpire is final and binding on all the parties to the reference and the persons claiming under them respectively. 4

CHAPTER 7 ARBITRATION ACT Where submission allows an appeal 26.(

I) Where it is agreed by the tenns of a submission that there may be an appeal from the award, the reference shall be conducted and an appeal lies to a judge within the time stated in the submission or if no time is stated within six weeks after the delivery of the award to the appellant.

(2) The evidence of the witnesses examined upon the reference shall be taken down in writing and together with the exhibits, shall, at the request of either pany, be transmitted by the arbitrator or the umpire to the judge.

(3) Where the award of an arbitrator or an umpire is based wholly or panly upon his physical examination of propeny or upon special knowledge or skill possessed by him, he shall transmit to the judge a written statement thereof that will enable the judge to fonn an opinion of the weight that should be attached to the physical examination perfonned by the arbitrator or umpire or to his special knowledge or skill in reaching the award. Setting aside award 27.

(1) Whether or not a submission provides for an appeal from an award, a pany to a submission or a person claiming under him may apply to a judge to set aside an award on the grounds (

a) that an arbitrator or umpire has misconducted himself, or (

b) that an arbitration or an award has been improperly procured, and the judge may, in his discretion, dismiss the application or set aside the award.

(2) Upon an application under subsection (I), a pany may by notice require any other pany to produce, and the pany so required shall produce, upon the hearing of the application, any original book, paper or document in his possession that has been used as an exhibit or given in evidence upon the reference and that has not been filed with the deposition supporting the appl ication. Time for appeal 28. Unless by leave of a judge, application to set aside an award, other than by way of appeal, shall not be made after six weeks from the delivery of the award to the applicant. Costs of appeal 29.

Where an appeal from an award is allowed or an award is set aside the judge who allowed the appeal or set aside the award may give directions as to the costs of the appeal or of the application to set aside the award and the costs of the reference and award. Costs of reference 30. The costs of a reference and award are in the discretion of the arbitrator or umpire who may direct to and by whom and in what manner the costs or any pan thereof shall be paid. Costs of orders 31. A judge may make an order under this Act on such tenns as to costs or otherwise as he thinks just. 5

ARBITRATION ACT

CHAPTER 7 Fees fixed by agreement 32. Where an arbitrator or umpire takes upon himself the burden of a reference and award in respect of which a submission or other agreement between the parties to the submission has, to their knowledge, set out his fees for each day's attendance or a gross sum for the entire reference, the fees or sum so set out are substituted for the fees prescribed by the Commissioner in Executive Council. Fees of non-professional arbitrators 33. Subject to

section 32, an arbitrator or umpire who is not by profession a lawyer, professional engineer, architect, chartered accountant or Canada land surveyor, is not entitled to demand or take for his attendance and services as an arbitrator or umpire any greater fees than those prescribed by the Commissioner in Executive Council. Fees of professional arbitrators 34. Subject to

section 32, an arbitrator or umpire who is by profession a lawyer, profes sional engineer, architect, chartered accountant or Canada land surveyor, is not entitled to demand or take for his attendance and services as an arbitrator or umpire any greater fees than those prescribed by the Commissioner in Executive Council. Limit of witness fees 35. No greater fees are taxable in respect of a person called as a witness before an arbitrator than would be taxed in an action. Where no business done at meeting 36.(

I) Where, at an arbitration meeting in respect of which due notice has been given, no proceedings are taken as a result of the absence of any party to a submission or as a result of a postponement at the request of any party, the arbitrator shall make up an account of the costs of the meeting, including the proper charges for his own attendance and that of any witnesses and of the lawyer of the party present who does not desire the postponement, and, unless he considers that it would be unjust to do so, he shall charge the amount thereof against the party in default or at whose request the postponement is made.

(2) The party in default or who has requested a postponement shall where an amount is charged against him under subsection (

I) pay the same to the other party, whatever may be the event of the reference, and the arbitrator shall, in the award, make any direction necessary for that purpose and the amount so charged may be set off against and deducted from any amount awarded in his favour. Taxation of costs 37. A party to an arbitration is entitled to have the costs of the arbitration, including the fees of the arbitrator, or, if he so wishes, the arbitrator's fees alone, taxed by the clerk of the Supreme Court upon an appointment which may be given by the clerk of the Supreme Court for that purpose. 6

CHAPTER 7 ARBITRATION ACT Penalty for excessive fees 38.(

I) An arbitrator who, having entered upon a reference, refuses or delays after the expiration of one month from the publication of the award to deliver the award until a larger sum is paid to him for his fees than is pennitted under this Act or who received for his award or for his fees as an arbitrator such larger sum, shall forfeit and pay to the party who has demanded delivery of the award or who has paid to the arbitrator such larger sum in order to obtain the award or as a consideration for having obtained it, an amount three times the excess demanded or received by the arbitrator contrary to this Act.

(2) The penalty referred to in subsection (

I) may be recovered by action before a judge. Action for fees 39. Where an award has been made, an arbitrator may maintain an action for his fees if the same have been taxed and, in the absence of an express agreement to the contrary, he may maintain such action against all parties to the reference, jointly or severally. Appointment of valuators 40.(

I) A judge has power to appoint a valuator or an appraiser where it is provided by a written agreement that a valuation or an appraisement shall be made by a valuator or an appraiser.

(2) A valuator or appraiser appointed under subsection (

l) shall have the like powers to make a valuation or appraisement as if he had been appointed by consent of all parties to the agreement. Regulations 41.

(1) Subject to

section 34, the Commissioner in Executive Council may prescribe limits on the fees that may be charged by arbitrators or umpires.

(2) The Commissioner in Executive Council may make regulations prescribing the fonns to be used under this Act. 7

CHAPTER 8 ARCHIVES ACT

Interpretation 1. In this Act, "public records" means all original documents, parchments, manuscripts, records, books, pamphlets, magazines, periodicals, maps, plans, photographs, letters, copies of letters, papers of all kinds or other documentary materials regardless of physical form or characteristic, deposited, on file, or held with or in any department or agency of the Govern ment of the Yukon or any municipal or other public office in the Yukon, and includes any such documentary materials that were fonnerly part of the records or files of any such department, agency or office. Appointment of archivist 2.

The Commissioner in Executive Council may appoint an archivist to carry out the provisions of this Act. Custody of all public records 3. Subject to the regulations all public records shall be delivered to the archivist for safe keeping and custody within 30 years from the date on which such public records cease to be in current use. Responsibility of archivist 4. The archivist is authorized and directed to receive and grant discharges for all public records transferred to him under this Act and the archivist is thereafter responsible for the safe keeping of the public records so transferred. Objects of Act 5.

The objects of this Act are (

a) the classification, safe-keeping, indexing and cataloguing of all public records transferred to the archivist under

section 3, (

b) the discovery, collection and preservation of material having any bearing upon the history of the Yukon, (

c) the copying and printing of important public documents relating to the legis lative or general history of the Yukon, (

d) the collecting of all documents having in any sense a bearing upon the political or social history of the Yukon and upon its agricultural, industrial, commercial and financial development, (

e) the collecting of municipal, school and church records, (

f) the collection and preservation of pamphlets, maps, charts, manuscripts, papers, books, photographs and other documentary materials regardless of physical fonn or characteristic, of general or local historic interest in the Yukon,

ARCHIVES ACT

CHAPTER 8 (

g) the collection and preservation of infonnation respecting the early settlers of the Yukon including pioneer experience, customs, mode of living, prices, wages, boundaries, areas cultivated or mined, home and social life, (

h) the collection and preservation of the correspondence of settlers, documents in private hands relating to public and social affairs and reports of local events of historic interest in domestic and public life, (

i) the conducting of research with a view to preserving the memory of the indigenous peoples in the Yukon and their mode of living and customs, (

j) the conducting of research with a view to preserving the memory of pioneer settlers in the Yukon and of their early exploits and the part taken by them in opening up and developing the Yukon, and (

k) the stimulation of public interest in the history of the Yukon by the dissemi nation of information to the public, by exhibitions and displays of materials preserved in the archives and by granting to the public access to items preserved in the archives subject to such precautions as may be necessary for their preservation. Preservation of official documents 6. Subject to the regulations no public records shall be destroyed or permanently removed without the knowledge and concurrence of the archivist. Certified copies 7.

A copy of any original document in the custody of the archivist, certified under his hand to be a true copy, is prima facie evidence of the authenticity and correctness of such document. When documents may be made public 8. Where the public interest so requires the Executive Council Member may direct that any document transferred to the archives will not be made available for public inspection for such period of time as the Executive Council Member determines. Acquisition of documents under conditions 9.

The archivist may acquire by gift, bequest, loan or purchase and place in the archives for preservation, any document having any bearing upon the history of the Yukon upon such terms and conditions as may be stated by the person giving, bequeathing, lending or selling the document. Delivery of public records to archivist 10. Where any person is in possession or control of any public record he shall at the request of the Executive Council Member or his authorized officer forthwith deliver such public record to the archivist. Regulations 11. The Commissioner in Executive Council may make regulations (

a) respecting the duties of the archivist; 2

CHAPTER 8 ARCHIVES ACT (

b) prescribing the public records that shall be transferred to the archivist under this Act and extending or reducing the period that shall elapse before any such public records are transferred to him; (

c) for the classification of archives in the custody of the archivist and the preparation of proper calendars, catalogues and indexes for the purpose of making archives accessible for official, scientific and historical research; (

d) directing the manner in which public records shall be disposed of from time to time and the class of documents, papers, pamphlets or reports that shall be deemed to be archives; (

e) generally for carrying out the purposes and provisions of this Act into effect; (

f) prescribing any fees that may be required under this Act. Destruction of documents 12. Nothing in this Act shall be taken or be deemed to authorize the destruction or other disposition of any official document, paper, map, plan, report, memorandum or other matter in contravention of

an Act or an order of a court or the Executive Council Member. 3

CHAPTER 9 AREA DEVELOPMENT ACT

Interpretation 1. In this Act, "development area" means an area designated as such by the Commis sioner in Executive Council. Designation of development area 2. The Commissioner in Executive Council may designate as a development area any area in the Yukon where he considers that it will be necessary in the public interest to regulate the orderly development of such area as contemplated by this Act. Regulations 3.(

I) The Commissioner in Executive Council may make regulations for the orderly development of a development area respecting (

a) the zoning of the area, including the allocation of land in the area for agricul tural, residential, business, industrial, educational, public or other purposes; (

b) the regulation or prohibition of the erection, maintenance, alteration, repair or removal of buildings; (

c) streets, roads, lanes, sidewalks, parks, street lighting and street transit; (

d) public health, including the supply, treatment and purification of water, the collection and disposal of garbage and other sewage, hospitals, and the burial of destitute persons; (

e) fire protection; (

f) animals; (

g) the regulation or the prohibition of the discharge of guns or other fireanns within a development area.

(2) The Commissioner in Executive Council may provide for the making of decisions by persons appointed by him by name or class in respect of the matters set out in subsection (

I) and for appeals from such decisions made pursuant to paragraphs (I)(

a) and (b).

(3) The Executive Council Member shall cause to be tabled any regulation made by the Commissioner in Executive Council at the session of the Legislative Assembly next following the making of the regulation. Power to order remedy of default 4.(

I) Where by a regulation under this Act a certain matter or thing is directed to be done and is not done or a certain matter or thing is directed to be not done and is done by any person, the Executive Council Member or any person authorized by him may order the person who is in default under the regulation to remedy his default and if he fails to do so within 30 days of the day on which the Executive Council Member's order is served on him or mailed to him at his

AREA DEVELOPMENT ACT

CHAPTER 9 last known address by registered mail, the Executive Council Member or any person authorized by him may (a) (

b) take such action as he sees fit to have the default remedied, and recover from such person the expenses with costs of action in any court of competent jurisdiction.

(2) The action taken by the Executive Council Member or any person authorized by him to have any default remedied may include the destruction, alteration or removal of any build ings, structures or portions thereof. Penalty for violation of regulations 5. Every person who violates any regulation is guilty of an offence and is liable on

summary conviction to a fine not exceeding $200. 2

CHAPfER 10 ASSESSMENT AND TAXATION ACT

Interpretation 1. In this Act, "arrears of taxes" means taxes unpaid and outstanding after the expiry of the year in which they were imposed, and includes penalties for default in payment; "assessment roll" means the assessment roll in respect of the taxing authority within whose jurisdiction the property assessed lies; "assessor" includes the chief assessor; "assessed value" means the value of land or improvements, or both, as determined under

section 10, 11 or 12, as the case may be; "authority" means a taxing authority; "collector" or "collector of taxes" means (

a) in respect of areas not within a municipality, the Executive Council Member, and (

b) in respect of a municipality, the treasurer of the municipality; "depreciation" means loss in value attributable to any cause; "improvement" means an improvement to real property and includes (

a) anything erected or placed in, upon or under land or affixed to land so that without special mention it would be transferred by a transfer of land, and (

b) anything erected or placed in or upon, or affixed to an improvement so that without special mention it would be transferred by a transfer of land; "land" means physical land and includes land covered by water, but does not include coal, minerals, oil, gas, gravel or other substances occurring naturally in or under land; "local improvement" means any of the following works or any combination of them: (

a) opening, widening, straightening, extending, grading, levelling, diverting or paving a street, (

b) constructing a sidewalk, footcrossing, curbing, bridge, culvert or embank ment forming part of a street, or constructing a system of storm drainage, (

c) making, deepening, enlarging, or lengthening a common sewer or water main, (

d) making sewer or water service connections to the street line on land abutting the main, (

e) constructing a conduit for wires or pipes along or under a street, (

f) providing other services normally found in organized communities, and (

g) reconstructing or replacing any of the works mentioned; "mobile home" means any structure whether equipped with wheels or not and whether self propelled or not, that (

a) is used or designed for use as a dwelling or sleeping place, and (

b) is constructed or manufactured to be moved from one point to another by being towed or carried;

ASSESSMENT AND TAXATION ACT

CHAPTER /0 "occupant" or "occupier" means a person who occupies property that is exempt from taxation under paragraph 49(1)(

a) or (b), and includes a squatter on such property; "owner" means an owner of real property and includes a person who, for the time being, (

a) is entitled to the possession of the property, (

b) is in possession of the property, or (

c) has any right, title, estate or interest in real property, but does not include an occupant or mortgagee; "person" includes a partnership; "pipeline" means any pipe designed for or used in the commercial conveyance or transmission of any substance; "prescribed" means prescribed by a regulation of the Commissioner in Executive Council or a bylaw of a municipality; "real property" means land and improvements; "registrar" means the Registrar of Land Titles for the Yukon Land Registration District; "regulation" means in the case of the Commissioner in Executive Council, a regulation pursuant to this Act, and in the case of a municipality, a bylaw of the municipality; "taxes" includes (

a) taxes or charges levied under this Act or the Municipal Act, (

b) taxes or charges levied in relation to real property for local improvements under the Dawson City Utilities Replacement Act, the Community Assistance Act or the Financial Administration Act, (

c) taxes under the School Act, (

d) any interest or penalties payable in respect of unpaid taxes or charges, and (

e) charges placed on a tax roll for collection; "taxing authority" means (

a) in respect of real property outside of a municipality, the Commissioner in Executive Council, and (

b) in respect of real property in a municipality, the municipality; "trailer" means any structure, other than a mobile home, whether ordinarily equipped with wheels or not, that is constructed or manufactured to be moved from one point to another by being towed or carried; "trustee" means an executor, administrator, guardian, committee, receiver or any person having or taking upon himself the possession, administration or control of property affected by an express trust, or having by law possession, management and control of the property of a person under any legal disability. Trailers and mobile homes 2.(

I) A trailer or mobile home is not an improvement while it is registered or deemed to be registered under the Motor Vehicles Act.

(2) Notwithstanding subsection (

I) or

section I, a trailer or mobile home shall be deemed to be an improvement for the time being if (

a) it has remained for a period of 12 months on the land on which it is found, or (

b) it is ordinarily used for any purpose on the land on which it is found. 2

CHAPTER JO ASSESSMENT AND TAXATION ACT

(3) Unoccupied mobile homes and trailers that are the stock in trade of a dealer in mobile homes or trailers shall not be assessed for the purposes of this Act.

(4) The taxing authority may make regulations providing for the exemption of trailers and mobile homes from the application of subsection (2).

(5) The Commissioner in Executive Council may by regulation, and any other taxing authority may by bylaw, provide for (

a) the registration of mobile homes and trailers that are improvements under this Act, and (

b) the keeping of a register by owners or operators of places where trailers or mobile homes in use for the living, sleeping or eating accommodation of persons are kept.

(6) An owner of a trailer or mobile home who fails to register his trailer or mobile home when required to do so under subsection (5) commits an offence.

(7) Where the owner of a trailer or mobile home is unknown to the chief assessor, any person who is in possession of the trailer shall be deemed to be the owner.

(8) A register kept as required under paragraph (5)(

b) shall be open to inspection to any person authorized by the taxing authority to inspect it. ASSESSMENT Assessors 3.

(1) The Commissioner in Executive Council shall appoint a chief assessor and such other assessors as the Commissioner in Executive Council may deem necessary.

(2) The chief assessor shall (

a) supervise and direct the work of assessors, (

b) ensure that assessment rolls are prepared and corrected by assessors as required by this Act, (

c) ensure that assessors comply with the provisions of this Act in the perfor mance of their duties, and (

d) perfonn such other duties and exercise such other powers as may be pre scribed.

(3) The chief assessor shall be deemed to be a party to all proceedings under this Act, and no decision shall be made in respect of any proceedings under this Act unless the chief assessor has been heard or has by notice been given a reasonable opportunity to be heard in connection with the proceedings. Right of entry 4.(

I) An assessor is entitled to enter any real property other than a dwelling at any reasonable time in order to assess the property for the purposes of this Act. 3

ASSESSMENT AND TAXATION ACT

CHAPTER JO

(2) The owner or person in charge of any real property other than a dwelling entered by an assessor shall give the assessor all reasonable assistance in his power and furnish the assessor with such information as the assessor reasonably may require in order to assess the property for the purposes of this Act.

(3) Every person who obstructs an assessor in the exercise of his authority under subsec tion (I), and every person who fails to comply with subsection (2), commits an offence. Entry of dwelling 5.(

I) An assessor is not entitled to enter a dwelling in order to assess the property of which the dwelling is a part unless the assessor is granted permission to do so by an adult person who is actually or apparently in possession of the dwelling.

(2) Where an assessor does not receive permission to enter a dwelling, he may deliver a demand for permission in the prescribed form to the owner or occupant by mailing it to the address of the owner or occupant contained in the assessment roll.

(3) Where an assessor does not receive permission to enter a dwelling within 21 days after mailing a demand for permission under subsection (2), (

a) the assessor may assess the property of which the dwelling forms a part on the basis of the information available to the assessor, and (

b) in any proceedings relating to the assessment, the onus of proof is on the owner or occupant to establish that the assessed value of the property should be different from the value determined by the assessor.

(4) Subject to subsection (I), an owner or occupant of a dwelling shall give to the assessor all reasonable assistance in his power and furnish the assessor with such infonnation as the assessor reasonably may require in order to assess the property of which the dwelling forms a part for the purposes of this Act.

(5) Every person who fails to comply with subsection (4) commits an offence. Demand for information 6.(

I) An assessor may deliver to an owner or occupant of assessable property, other than a dwelling, a notice in the prescribed form requiring the owner or occupant to furnish the assessor with a statement in writing setting forth such information as the assessor reasonably may require in order to assess the property for the purposes of this Act.

(2) A statement required to be furnished under subsection (

I) shall be signed by the owner or occupant and may be delivered to the assessor by leaving it at or by mailing it to his office.

(3) An assessor is not bound by any information furnished to him under subsection (2).

(4) Every person commits an offence who (

a) fails to comply with a notice delivered to him under subsection (

I) by deliver ing the required statement to the assessor within 60 days of the receipt of the notice by him, or 4

CHAPTER 10 ASSESSMENT AND TAXATION ACT (

b) makes a false or misleading statement in response to a notice delivered to him under subsection (I). Delivery of notices 7.

(1) Where an assessor is required by this Act to send a notice to any person, he may deliver it to the person personally or he may send it to him by certified or registered mail addressed to (

a) the address of the person set forth in the assessment roll, or (

b) such other address of which the assessor has received notice.

(2) Where an assessor has not received written notice of the address of a person and his address is not set forth in the assessment roll, the assessor may deliver any notice to that person by publishing it in one edition of a newspaper circulating in the territoria

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Stats. 1986 v.1
Type	statute
Volume / chapter	1986 v1
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	f66a63089d44c70b3741709d878d3d580b12d903

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