ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1963 FIRST SESSION G. R. CAMERON COMMISSIONER PJfnIecI and Publhhe4 hr .... O_mma .. t 01 the Yukon T.mtary .... AuIMrity 01 Chaplllr 93 01 the eon_ldatad OrdInan_ 011958. BY H. I. TA'ILOII. ~D'. ,.....

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1963 FIRST SESSION

INDEX 1963 (Fin. Seaion) Chap.

Page 1 An Ordinance to Aut·hor·lze the Commissioner of the YuklOn to Grant a Franchise to the Yukon Electrical Company LImited to Sell and Distribute Eleetrlcal Energy In the TesUn Area, Yukon Territory.... 1 11 An Ordinance of t.be Yukon Territory to lncorpomte the Synod of the Diocese of Yukon and the Bishop of Yukon... . . . . . . . . . . . . . . . . . .. 13 3 An Ordinance Respecting Reg:lstre:t1on of Corponutlon Securities... 111 4 An Ordinance to Provide for the SuperannuatJon of Employees of the Yukon Government ........................................... ... 21 5 An Ordinance to Amend the Municipal Ordlnance.................. 23 6 An Ordinance to Amend t.be Taxation OrdJnance.................... 24 7 An Ordinance to Amend the Englneenng Profession Ordinance...... 26 8 An Ordinance to Amend the Low Cost Housing Ordinance.......... 26 9 An Ordinance bo Amend the lAquor OrdInance......................

Z7 10 An Ordinance to Amend the FJnanclal Admln1stnutJon Ordinance.... 30 11 An Ord·lnance to Amend !lhe Forest Protection Ordinance.......... 81 12 An Ordinance to Amend ·the Liquor Ordinance .....................• 32 13 An Ordinance !lo Repeal .the Low Rental Houstng ,Agreement Ordinance .......... . .. . • . . .. . . .. . . . .. . .. . . . . . . . .. . . . . . . . . .. .. .. .. . .. . 33 APpendJx-T8Ible of Public OrdJnances 01 the YukJOn Terrl.tory 1968 to 1963 (lBt) SessLon. Showing aJ.I the Ohaptenl of Revised Ordinances 1958 w·lth amendmentts thereto up to and :Including 1983 (let)...... 36

- ELECTRICAL FRANCHISE Chap 1

CHAPTER 1 ORDINANCES OF -THE YUKON TERRITORY - , 1963 (First Session) AN ORDINANCE EMPOWERING THE COMMIS­ SIONER OF -THE .YUKON TERRITORY TO GRANT A FRANOHISE TO THE YUKON ELECTRICAL COM­ P ANY LIMiTED TO SELL AND DISTRIBUTE ELEC­ TRICAL ENERGY IN THE TESLIN ARE:A, YUKON TERRITORY (Assented to May 7th, 1969) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as fol'lows: 1. The Commissioner is hereby authorized to enter into an agreement with the Yukon Electrical Com,pany Limited in the form set out in the

Schedule granting to it a franchise for the distribution of electrical energy in the area of Teslin in the Yukon TerritOry. . 2. The agreement made under this Ordinance may be varied or amended from time to time by agreement between the Commissioner in Council and the Yukon Electrical Company Limited. I

Chap. 1 ELECTRICAL FRANCHISE

SCHEDULE FRANCHISE AGREEMENT MEMORANDUM OF AGREEMENT made this day of .A.D. 19 BETWEEN: THE <COMMISSIONER OF THE YUKON TER­ RITORY (hereinafter called "the Commissioner") of the first part, -and- THE YUKON ELECTRICAL COMPANY LIM­ ITED (,hereinafter called "the Company") of the second part,

WHEREAS the Company, a body corporate under the laws of the Yukon Territory has, by the terms of its charter dated July 2nd, 1901, the necessary powers to operate a system for Uie production, sale and distribution of electrical energy anywhere in Yukon Territory;

WHEREAS, pursuant to

Chapter of the Ordinances of the Yukon Territory, 1963, the Commissioner is authorized to grant 'a franchise to the ·Company for the distribution of electrical power in the area of Tea-lin in Yukon Territory;

WHEREAS the Company is prepared to construct and operate a system for the generation and distribution of electrical energy at the settlement known as TesUn .in Yukon Terr.itory; and

WHEREAS the Company is desirous of obtaining a franchise for the exclusive right to Beill and distribute electrical energy in a defined area in and around the settle­ ment of Teslin ;

NOW THEREFORE in consideration of the premises and the covenants and agreements hereinafter contained the parties hereto mutually agree as follows: 1. Subject to the terms and conditions of this agreement the Coinmissioner grants to the Company for a period of twenty years from the date of this agreement (

a) the sole and exclusive right, licence and privilege to sell, supply and distribute to consumers situated within the Yukon Territory and within an area having a radius of ten miles from Mile Post 804 on the Alaska Highway com­ monly known as Teslin, electrical energy for aH purposes for which electrical energy is or may ·be used ; (

b) the right to enter in or upon all streets, lanes or public places in the said defined area for the purpose of erecting, establishing, operating and maintaining for the 2

ELECTRICAL FRANCHISE Chap 1 distribution of electricail energy, poles, wire, conduits, cable and other works and, struetures required. for the sale and distribution of electrical energy; (

c) the right, with the approval of the Commissioner, to trim and remove any part of any tree on any street, lane or public place in the defined area interfering with the proper construction, erection, operation, maintenance and repair of said distribution system or any extension thereto; and (

d) the right to erect works, 'power-houses, buildings, poles, wires and structures of any kind required for the production of electricaol energy. Terms and Conditions 2. This franehise is granted subject to and upon the following terms and conditions: (

a) the poles, wires and other equipment installed by the Company shaH be so placed as not to obstruct, interfere with or impair in any way the use by the public of any roads, rights-of-way, highways or bridges, and where wi·res are laid under a highway or other ground, such highway or ground shall, after such installation be returned to the same or improved state of repair as existed ,before the installation, and all poles, wires and other equipment installed by the Company shall not interfere with other poles and faeilities already erected with the consent of the Commissioner, and where practicable the Company with the consent of the Commissioner will co-operate in the joint use of pole line facilities, with a view to minimizing the number of poles erected in the area to be served; (

b) during the erection of any poles, the 'laying or string­ ing of any wires during repairs to and 'alterations of the same, the Company shall take due care and proper pre­ cautions for the safety and protection of pedestrians and vehicles passing along highways, streets or lanes and shall not unnecessarily interfere with or impede the public use of the said highways; (

e) all poles erected under the 'prov,isions of this franchise shaH be placed on the highway at a distance of ten feet from the 'boundary of the highway right-of-way, unless otherise direeted by the Commissioner; (d) (

i) the Commissioner may without charge make use of the poles of the Company for any useful purpose prQvided that such use by the Commissioner does not interfere with the use thereof by the Company; (ii) the Commissioner covenants with the Company to indemnify it against any loss or damage suffered by or re­ .covered from the Company as a result of any improper use made of sueh poles by the Commissioner; (

e) the Company shall from time to time and at all times indemnify and save harmless the Commissioner from any injury arising from any casualty or accident to person or 3

Chap. 1 ELECTRICAL FRANCHISE property by reason of any neglect or omission to keep the poles and wires of the Company in safe condition, and from all valid claims against the Commissioner for damage caused by such wire or poles or by any works, alterations, repairs or improvements in connection with the work herein contem­ plated; (

f) the Company shaN file with the Commissioner such plans and descriptions of right-of-way acquired by the Company for the purpose of its business as the Commis­ sioner shall request; (

g) whenever in the case of fire it becomes necessary for its extinction or for the preservation of property that the wires of the Company should be cut, the cutting under circumstances of any of the wires of the Company under the direction of any authorized officer in charge of fire fighting shall not entitle the Company to demand or claim compensa­ tion for any unavoidable damage that may be so incurred a~ a result of said cutting, and the Company's property so injured shall be restored to its former condition as soon .thereafter as reasonably can be done at the expense of the Company; (

h) nothing herein contained shall be deemed to restr>ict the right of the' Commissioner to make rules or orders for the safety, convenience, welfare and service of the public; Rates (

i) subject to any right of arbitration, the Company shaH have the r.ight to charge the rates for electrical energy as shown in the

schedule of rates, operating conditions and tariffs hereto attached and marked

Schedule "A", which shall be the maximum rates chargeable by the Company for electrical energy, and the said

Schedule "A" shall form a part of this agreement; (

j) notwithstanding anything herein contained, the Company may charge rates lower than the maximum rates where it considers conditions justify such departure from the normal tariff; (

k) the rates as set out in

Schedule "A" shaH during the term of this agreement or any renewal thereof, shall be sub­ ject to review annually by the Commissioner following the expiry of one full year of operation and for the next four years and thereafter at intervals of three years at or any time a cheaper source of electrical energy becomes available. Following such review the Company shall estaJblish such rates as may be agreed upon, or, failing agreement, such rates as may be fixed by arbitration in accordance with the terms of this agreement. For the purposes of such review the Company agrees to produce its books and full details of its operations; (

I) the Company shall publish in the manner and form prescribed by the Commissioner, and keep open for public inspection, its schedules of operating conditions, rates and tariffs; 4

ELECTRICAL FRANCHISE Chap 1 (

m) the Company shall have the right to charge a normal monthly rental for the use of transformers -in the power service in cases where it becomes necessary to install a separate transformer for such services; (

n) in the event that the Company is able to obtain electrical energy at a cheaper rate due to the availability ofa cheaper source, the Company shan have the right, with the approval of the Commissioner, to include in the revised rates, the costs involved in continuing the generating plant which it operates under this franchise as a stand...lby plant, even though its use for the normal production of power should cease to be economic by virtue of the availability of cheaper power; A ,'bitration (0) (

i) whenever, under the terms of this agreement, any matter, dispute, difference or question arises 'between any ,person and the Company, such person or the Company may refer it to the Commissioner for settlement; (ii) subject to suhparagraph (iii), where the Com­ missioner is unable or refuses to settle such matter, dispute, difference or question, he may refer it to arbitration; (iii) the Commissioner shall not refer the matter, dispute, difference or question to arbitration unless and until such person or company or both deposits with the Commissioner such security as the Commissioner may require for the payment of the costs of arbitration; (

p) whenever under the terms of this agreement any matter, dispute, difference or question arises between the parties hereto, the parties shall refer such matter, dispute difference or question to arbitration; (

q) the Board of Arbitration set up to settle disputes under paragraph (0) and (.

p) shall consist of three arbi­ trators, one to be appointed by the Company, one by the Commissioner, and the two arbitrators so appointed shall appoint the third aI'bitrator; and (

r) the procedure for arbitration shall be in accordance with ,the Al'Ibitration Ordinance as it is in force from time to time in the Yukon Territory, Terms of Franchise 3. This franchise shaH be automatically renewed for a period not exceeding ten (10) years from the date of ex­ piration of the said period of twenty (20) years and any renewal period of ten (10) years (and so on from time to time) unless a written notice be given by the Commissioner to the Company at least three (3) months before the expira­ tion of any such period notifying the Company that the 5

Chap. 1 ELECTRICAL FRANCHISE said franchise and all the rights of the Company therein and thereunder will terminate at the end of such a period. 4. The Company agrees to supply at all times and con­ tinuously during the period of the franchise the electrical energy required by the residents in the franchise area; su~bject only to the interruption by accident or Act of God or in other manner beyond the control of the Company or for the ·purpose of making necessary repairs. 5.

It is further covenanted and agreed between the parties hereto that this Agreement is to enure to the benefit of and be binding upon the successors and assigns of the Company. IN WITNESS WHERlEOF the parties hereto have here­ unto caused their respective seals to be affixed and duly witnessed by the hands of their proper officers duly authorized in that behalf on the first day 81bove written.

The Seal of the Government of the Yukon Territory here­ unto affixed in the presence of: Commissioner The Corporate Seal of the Yukon Electrical Oompany Limited hereunto affixed in the presence of: President . 6 ........................... .

Schedule e'A"

ELECTRICAL FRANCHISE Chap I

Schedule "A" OPERATING CONDITIONS 1. APplication.dfor bElecthric CService shallh.bhe madl,: 0t~ a t:"Pl~::!~:e. form proVl ed y t e iOImpany, w le app lca IOn will become a contract on commencement of service, and the provision of this tariff will be a part of said contract. 2.

(1) When application for service has been approved, ~"curl:l the customer may be required to pay a security deposit epos. of an amount equivalent to the estimated bill for a period of sixty days.

(2) This security deposit will be refunded upon dis­ continuance of service.

(3) Deposits under this

section are as follows: (

a) for residential service the amount shall not be less than $10.00; and (

b) for commercial service the amount shall not be less than $10.00. 3. No connection charge will be collected for service ex- Connection tensions to premises within two hundred and fifty

(250) Charge. feet of the existing lines of the Company. 4. If any account to any customer shall remain unpaid for Dls- . more than ten days after having been rendered to the ~~~n'iS~~_n customer, the Company shall have the right, after giving Payment forty-ei~ht hours notice to disconnect the service and to remove the meter, and it shall not be .bound to supply any electrical service to the said customer until the said account shall have -been paid, together with a re­ connection charge of $2.00 for such service and the said reconnection charge shall be payable whether the meter has been removed or not. 5.

(1) Where the contemplated service is for a period of Seasonal or less than one year' the Company reserves the right to ~:~r:.,rary charge a connection fee not exceeding cost of installa- . tion.

(2) Temporary or seasonal disoonnection will not be made for a period of less than sixty days.

(3) A reconnection charge of $2.00 shall be made for reconnection after such temporary or seasonal dis­ connection. 6. All meters shall be supplied by the Company and no Meterlog. rents shall he charged to the customer for same. 7. The Company's employees shall have the right of Access to access to the customer's premises at all reasonable Premlsea hours for the purpose of making connections, discon­ nections, reading the meters or for verification of connected loads. 7

Chap. 1 Extension ot Service to New Customers. Move Charges. Continuity of Service. ELECTRICAL FRANCHISE S. When the estiniated revenue from an extension to a new customer or customers wHl within a period of two years, be equivalent to the cost of the extension no charge will be made to the customer or customers for such extension. 9.

(1) When the estimated revenue will not within two years equal the cost of the extension, the customer will obe required to pay a non-refundable connection charge equivalent to the difference between the cost of the extension and the estimated revenue for the two­ year period.

(2) The Company may require an advance deposit of the revenue when deemed necessary, such payment to ,be applied on bills, or refunded at the expiry of the two-year period. 10. If the customer moves from one premises to another, more than once a year, a charge of $2.00 may be made to cover the cost of handling such moves. 11.

In the contract between the Company and the customer the Company will agree to use reasonable diligence for providing regular and uninterrupted supply of service but should the supply be interrupted by the Company for the purpose of making repairs, changes, or im­ provements, in any part of its system for the general good of the service of the safety of the public, or should the supply of service be interrupted or fail by reason of accident, strike, legal process, Territorial or Municipal interference, or any other cause whatsoever beyond its control, the Company shall not be liable for damages, direct or consequential, resulting from such failure.

Rates ResIdential: 12.

(1) The following rates shall apply to all residential consumers located within the franchise area of the pro­ posed distribution lines of the Company, and who use the Company's standard single phase service in an in­ dividual residence or apartment through a single meter ·for residential lighting, and approved domestic cooking, heating utility appliances, whether plug in or per­ manently connected: 8 (a) (,b) (c) (

d) Demand Charge per month ........... . First 35 KWH used per month ....... . Next lOO KWH used per month ..... . $ 2.50 . 15/KWH . 10/KWH All over 135 KWH used per month .OS/KWH

(2) The minimum monthly charge shall be equal to the demand charge, but not less than $2.50 per month.

ELECTRICAL FRANCHISE Chap 1 13.

(1) The following rates shall apply to all commercial Commercial: places of business, stores, shops, hotels, lodges, and all other commercial lighting consumers located within the franchise area served by the Company and who use the Company's standard single phase service through a single meter for commercial lighting purposes when supplied to a single building, or to a single tenant: Demand Charge' (

a) First 500 watts of connected lighting load ....................... $ 1.00 ('

b) Next 4,500 watts of connected lighting load .............................. 10/100 watt (

c) All over 5,000 watts of connected lighting load and the connected load of all single phase motors and heating appliances .. .10/200 watt Energy Charges: (

a) First 50 KWH used per month per KW of connected load ... . ................... $ .12 (

b) Next 50 KWH used per month per KW of connected load ......... ............... .10 (

c) All over 100 KWH used per month per KW of connected load ............. .08 Minimum Charges

(2) The minimum monthly charge shaH be equal to the demand charge, but not less than $2.50 per month. 14. Sections 15 to 21 inclusive apply to the rates set out in

Section 13. 15. Determination of connected load for purpose of billing Applleatlon the demand charge will be the nearest 100 watts and a ~~c~r~~\~~ minimum load of two

(2) KW will be used in determin- ing the energy blocks. 16. Consumer may, upon written notification to the Company, attach to his service single phase motors not exceeding three horsepower in rated capacity, other electrical devices of individual capacity not in excess of two

(2) KW and on obtaining written permission of the Company may connect appliances of greater capacity. Each lamp socket shall be considered as not less than 60 watts except in case of electric signs, in which case the manufacturers rating will be the bas·is of computing the connected load. 17. One (1) horsepower in motors, or one

(1) KW in heat­ ing or one

(1) KV A in order devices shall be considered equivalent to one KW for billing purposes, but if the 9

Chap. 1 ELECTRICAL FRANCHISE power factor of the customers' load is below 85 %, the Company reserves the right to apply the demand and energy charges on the basis of 85ro power factor. 18. The demand charge for billing purposes shall 'be the demand charges as determined above during the month for which the bill is rendered, but shall not be less than the demand charge in any of the previous eleven months unless a permanent reduction has been made in the cus,tomer's connected load. 19.

The Company may at its option, determine the con­ nected load by actual count, estimate the demand, or measure same by means of a suitable demand meter. When the connected load of any installation exceeds 2 KW the Company will on request install a demand indicator, and in the event of a lower demand being registered by the demand indicator, demand charge and energy charge will be based on the maximum demand rather than on the connected load, but in no event shall the demand be taken as less than 2 KW. A connection charge of $2.00 wiJ be made for the installation of this demand indicator. 20.

Representatives of the Company shall have the privilege of visiting consumers' premises during any reasonable hours to verify the connected load and if any increase is found, the billing will be amended back to date of such increase. Inspections shall be made at least semi­ annually. 21. A dwelling with business premises in the same building and occupied by the same party may be supplied front a single service and metered with a single meter, where wiring makes use of two meters impractical.

In the computation of total connection load, the connected load of the living quarters will be considered to be 1,000 watts. COMMERCIAL AND SMALL POWER (three phase) 22.

The following rates shall apply to all small commercial power consumers located in the franchise area and who use the Company's standard service at voltages of 115, 230 or 2300 for commercial power service to three phase motors of not less than five horsepower rated capacity, single phase motors of not less than two horse­ power rated capacity, or other permanently installed electrical devices of not less than two KW capacity each. 10 Rate: Demand Charge Power Only Per HP of Connected Power Load, or per KW of Connected Load, per month ........... ....................................$ 1.00 Combines Power & Light $ 2.00

ELECTRICAL FRANCHISE Energy Charge----Power Only First 50 KWH used per month/HP Connected Load ................. 10 per KWH All over 50 KWH used per month/HP Connected Load .................... 08 per KWH Energy Charge--Power and Light First 100 KWH used per month per HP Connected Load ........... . All over 100 KWH used per month/HP Connected Load . ............ .. . Minimum Charge: .10 per KWH .08 per KWH The monthly minimum charge shall be $1.00 per HP per month plus $2.00 per KW of lighting connected load but not less than $5.00 per month. 23. Sections 24 to 31 inclusive apply to the rates set out in

Section 22. 24. This

schedule is applicalble for service to three phase motors of not less than five horsewwer in rated capacity, single phase motors of not less than two horse­ power in rated capacity or other electric devices of individual capacity of not less than two KVA where pennanently connected. 25. Where service conditions permit,. the Company may, at its option permit the reduction of the above minimum for three phase motors to three horsepower. 26.

One horsepower in motors, or one KW or KV A in heat­ ing or other similar electrical devices shall be con­ sidered equivalent for billing purposes except that where the power factor is below 85 % the Company reserves the right to compute the billing on the basis of 85% power factor. 27. The Company. may at its option detennirie the con­ nected load by actual count of the nameplate rating, estimate the demand, or measure same by a suitable meter. 28. Rates set forth contemplate sei-vice for a period of not less than one year and the Company reserves the right to require a contract for annual service. 29.

Notwithstanding charges and rates quoted in above schedules, the Company reserves the right to quote lower rates or charges where load conditions justify. 30. Special apparatus having poor power factor, or violently fluotuating characteristics and which disturbs the 11 Chap 1

Chap. 1 ELECTRICAL FRANCHISE system operation or requires special transformer capacity to prevent interference to supply of other customers will be charged on basis of transformer capacity allocated. 31. The Company may at its option permit the supply of lighting circuits in conjunction with the power installa­ tion, subject to special restrictions that may ,be neces­ sary for each installation so supplied. 32. The following rates shall apply to street lighting which includes multiple burning street lamps on pole type brackets and the service shall extend from dusk to dawn.

RATE: For each 1,000 lumen lamp. ... $3.50 per month For each 2,500 lumen lamp . . . . . . . . . . . . . . .. $4.50 per month For each 6,000 lumen lamp. ............... $6.'50 per month For each 10,000 lumen lamp .$8.50 per month (

a) Upon request from the Commissioner, the Company at the Company's expense, will install additional street lights, provided that the additional revenue to be received by the Company, by reason thereof, justifies the capital expenditure of installation. (

b) The rates set out in

section 32 are for street light­ ing for all night service .each day in the year and shall cover operation and maintenance of the street lighting system, including the replacement of lamps. 33.

Street lights once installed shall not be abandoned dur­ ing the life of this contract but the Company s'hall at the expense of the person who requests sach change, change the location of any lamp if the approval of the Com­ missioner has first been obtained, but the Commissioner shall have the right to discontinue at any time the use of any street light upon paying to the Company the cost of installing the light less a fair part of the revenue received by the Company which could reasonably be applied to such cost. 12

SYNOD

CHAPTER 2' ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO INCORPORATE THE SYNOD OF THE DIOCESE OF YUKON AND THE BISHOP OF YUKON (Assented to May 7th, 1963)

WHEREAS it is expedient to incorporate the Synod of the Diocese of Yukon and to constitute the Bishop of Yukon a "Corporation Sole" to make provision for the management and contro.! 'Of the property, affairs and in­ terests of the Anglican Church in Canada in matters relat­ ing to and affecting only the said Church and the officers and members thereof within the area in the Territory 'Of the Yukon kn'Own as the Diocese 'Of Yukon, THEREF10RE the Commissi'Oner 'Of the Yukon Territ'Ory by and with the c'Onsent 'Of the .members of C'Ouncil 'Of the Yuk'On Territ'Ory enacts as f'Ollows: 1.

This ordinance may be cited as the Synod of the Diocese of Yukon Ordinance. . 2. The Diocese 'Of Yukon shall c'Ontinue to include the wh'Ole 'Of the Territory 'Of the Yukon save and except that . P'Orti'On 'Of the said territory lying to the North of the tree line incorporated in the Diocese 'Of the Arctic. 3. The Syn'Od 'Of the' Di'Ocese of Yuk'On shall be and same is hereby made and constituted a body politic and corp'Or­ ate under the name 'Of Syn'Od 'Of the Diocese 'Of Yuk'On. 4.

The said Synod shall c'Onsist 'Of the Lord Bish'OP 'Of the said Diocese and his success'Ors t'O be fr'Om time to time appointed, in such manner as is 'Or shall be pr'Ovided by the Pr'Ovincial Synod 'Of the Ecclesiastical Pr'Ovince 'Of British C'Olumbia·, and 'Of such 'Other persons as are 'Or may hereafter bec'Ome members thereof in accordance with theC'Onstituti'On and Can'Ons 'Of the said Synod. 5. The said.

Synod shall have perpetual successiQn and a cominon seal, with P'Ower t'O change and renew the same when and SQ 'Often as the said SynQd shall think prQper, and the said Syn'Od, may under the same name c'Ontract and be c'Ontracted with, sue and ,be sued, implead and be impleaded with, answer and defend in all Courts and places whatsQever; and the said Synod shall be able and capable in law, respectively, tQ purchase, take, h'Old, give, receive, enj'Oy, possess and retain all messuages, lands, tenements and imm'Ovable prQperty, m'Oney, goods, chattels and mova:ble property, which have been 13 Chap. 2

Chap. 2 SYNOD or hereafter shall be paid, given, granted, appropriated devised or Ibequeathed to it, or purchased or acquired by it, in any manner whatsoever, to, for, or in favour of the eleemosynary, ecclesiastical, or educational uses and purposes of the Anglican Church of Canada within the Diocese of Yukon, including thereby the uses and purposes of any church, parish, mission, institution, school, hostel or hospital connected with the Anglican Church of Canada within the said Yukon Diocese. 6. The said Synod shall, in addition to the powers con­ ferred upon it by the next preceding

section of this ordinance have power to sell, convey, exchange, alienate, mortgage, lease, devise, or otherwise deal with any real or personal estate or property held by the said Synod, whether simply by way of investment or not; and the said Synod may also, from time to time, invest all or any or its funds and personal property which may ,be vested in or acquired .by the said Synod for any purpose whatsoever, and including any Episcopal En­ dowment Fund, in any security for the time being authorized by law for the investment of trust funds, and generally shall have and enjoy the same, and as large, full and ample powers and rights as if it were a private person able and capable in law. 7.

The Bishop for the time being of the Diocese of Yukon duly appointed and consecrated ,by lawful authority Bishop of Yukon, shall he a Corporation Sole with per­ petual succession, retaining the name of the Lord Bishop of Yukon with full power to hold and acquire real and personal estate and to sell, convey, lease, mortgage, deal with or dispose of the same or any part thereof for the purposes of the said Diocese. S.

The said Synod may exercise all its powers ,by and through an executive committee or such boards or com­ mittees as the Bishop may from time to time appoint for the management of any of the affairs of the said Diocese, but in accordance only with any Canons of the said Diocese passed by any duly constituted Synod of the said Diocese and also. in accordance only with the trusts relating to any property upon or for which the same is held. 9.

It shall be lawful for the Bishop of Yukon as a Corpor­ ation Sole or any person or persons to transfer any property, real or personal held ,by him or them for any use or purpose of the Anglican Church of Oanada to the said Synod to be held in trust for the same purpose. 10. The Constitution of the Synod of the Diocese of Yukon as revised in 1953 shall, until the same be altered or amended by the said Synod incorporated under this Ordinance be the constitution of the said Synod so incorporated. 14

SECURITIES

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE RESPECTING REGISTR,ATION OF CORPORATION SECURITIES (Assented to May 7th, 1963) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: Chap. 3 1. This Ordinance may be cited as the Corporation ShOM tlUe. Securities Registration Ordinance. 2. In this Ordinance,

Definitions. (a) "assignment" includes every legal or equitable "Assl.f11- assignment by way of security of, and every men mortgage or other charge upon, book debts; (b) "assign or" means any corporation making an as- "AsBlgnor~ signment of book debts; (c) "book debts" means all existing or future deMs that "Book debts" in the ordinary course of business would be entered in the books of a corporation, whether actually entered or not, and includes any part or class there- of; (d) "chattels" means goods and chattels capable of "Chattels" complete transfer by delivery and includes, when separately assigned" or charged, fixtures and grow- ing crops, but does not include (

i) chattel interests inreal property, (ii) fixtures when assigned together with a free­ hold any leasehold interest in any land or build­ ing to which they are affixed, (iii) growing crops when assigned together with any interest in the land on which they grow, (iv) a ship or vessel registered" under the Canada Shipping Act or the Merchant Shipping Act, 1894 (United Kingdom), or a share .. in such a ship or vessel, (

v) an interest in the stock, funds or securities of a government or in the capital of a corporation, or (vi) a book debt or other chose in action; (e) "corporation" means a company, corporation or "Corp6r­ 'body corporate, wherever or however incorporated; atlon" 15

Chap. 3 "Creditor" "Mortgagee" "Mortgagor" "Prescribed" "Registrar" "Subsequent purchasers or mortgagees" Instruments to be registered Affidavit. SECURITIES (f) "creditor" means a creditor of the assignor or mortgagor who becomes a creditor before the regis­ tration of the assignment of book debts, charge or (g) (h) (i) (j) (

k) mortgage; "mortgagee" includes a person in whose favour a charge ~ created; "mortgagor" includes a corporation that executes a charge; "prescribed" means prescribed by the Commis­ sioner; "Registrar" means the person appointed Registrar of Corporation Securities pursuant to

section 13; and "sUlbsequent purchasers or mortgagees" includes any person who obtains, whether by way of pur­ chase, mortgage, charge or assignment, an interest in chattels or book debts which have already been mortgaged ,charged or assigned. 3.

(1) Every mortgage and every charge, whether specific or floating, of chattels in the Territory made by a corporation and every assignment of !book debts, whether ,by way of specific or floating charge, made ,by a corporation engaged in a trade or business in the Territory, and contained (

a) in a trust deed or other .instrument to secure bonds, debentures or debenture stock of the corporation or of any other corporation;. (

b) in any Ibonds, debentures or debenture stock of the corporation as well as in the trust deed or other instrument securing the same, or in a trust deed or other instrument securing the 'bonds, debentures or debenture stock of any other corporation; or (

c) in any bonds, debentures, debenture stock or any series of. bonds or debentures of the corporation not secured by a separate instrument, is void as against creditors of the mortgagQr or assignor and as against sU1bsequent purch88ers or mortgagees from or under the mortgagor or assignor, in good faith, for valu­ able consideration. and without notice, unless it is duly registered, and unless, if contained in a trust deed or other instrument to secure bonds·, debentures or debenture stock, it complies with the provisions of sU.bsection (2).

(2) If the mortgage, charge or assignment is contained in a trust deed or other instrument to secure bonds, debentures or debenture stock, the instrument containing it shall be accompanied :by an affidavit of 16 (

a) the mortgagee, trustee or grantee or one of the mortgagees, trustees or grantees, his or their agent, or

SECURITIES (

b) any officer or agent of the corporation, if the mortgagee, trustee or grantee is a corporation, stating that the instrument containing the mortgage, charge or assignment was executed in good faith and for the purpose of securing payment of the ·bonds, debentures or debenture stock referred to therein and not for the 'mere purpose of protecting the chattels or book debts there­ in mentioned against the creditors of the mortgagor or assignor or preventing such creditors from obtaining pay­ ment of any claim against the mortgagor or assignor. Chap. 3

(3) A mortgage, charge or assignment required to be Mor.tgage, registered under this Ordinance takes effect as against ~!~~ effect creditors and the subsequent purchasers or mortgagees fi~~ ~~om referred to in subsection (1) only from the time of its registration. registration. 4.

(1) Subject to subsection (2), registration of every Registration. mortgage, charge or assignment shall be effected by filing with the Registrar within thirty days from the date of the execution of the instrument (a) (rb) (

c) a duPlicatE'#.i§!;al of the instrument containing the mortga , arge or assignment; the affidavit described in subsection (2) of

section a,and an affidavit made by any officer or agent of the mortgagor or assignor stating the date of the execution of the instrument :by the mortgagor or assignor.

(2) Registration of every mortgage, charge or aseign- Registration ment, contained in ibonds, debentures or any series thereof ~~c.mortgage, or in debenture stock not secured by a separate instrument f~n~~~~: shall be effected by filing with the Registrar, within thirty debentures days after the execution of the 'bonds, debentures or de- ~[oc~benture benture stock, an affivadit made by any officer or agent of the mortgagor or assignor, setting forth (

a) the total amount secured by the bonds, debentures or series thereof, or debenture stock; (

b) a true copy of one of the bonds or debentures or of one 'bond or debenture of the series or of the de­ benture stock certificate; and (

c) the date of execution of the bonds, de'bentures or debenture stock. 6. Any affidavit made for the purpose of this Ordinance Affidavit of by an officer or agent of the corporation shall state that ~~~:~.t1on the deponent (

a) is aware of the circumstances connected with the transaction, and (

b) has personal knowledge of the facts deposed to. 17

Chap. 3 Minutes ot registration. Rectifica­ tion of ommlsslons a.nd mis­ statements. Defeats and Irregular­ lUes. Assign­ ments. SECURITIES 6. The Registrar shall cause every instrument containing a mortgage, charge or assignment and every affidavit filed in his office under this Ordinance to be (

a) numbered; (·

b) endorsed with a memorandum of the day, hour and minute of its filing; and (

c) indexed by entering in alphabetical order in a register kept by him (

i) the names of the parties to the mortgage, charge or assignment, (ii) the date of execution of the instrument con­ taining the mortgage, charge or assignment or the date of execution of the bonds, debentures or debenture stock not secured by separate in­ strument as shown by the affidavit filed, and (iii) the date of filing and the amount secured as shown by the instrument or by the affidavit. 7.

A judge, on being satisfied that the failure to file an instrument or affidavit within the time prescrilbed by this Ordinance or that any omission or misstatement in any document filed under this Ordinance was accidental or due to inadvertence or impossibility or other sufficient cause, may, in his discretion and subject to the rights of any person accruing -by reason of any failure, omission or mis­ statement referred to in this

section (

a) extend the time for registration, or (

b) order the omission or misstatement to be rectified on such terms and conditions, if any, as to security, notice by advertisement or otherwise, or as to any other matter or thing, as he thinks fit. and the judge's order or a copy thereof shall ,be annexed to the instrument or affidavit or document or copy thereof on file or tendered for filing, and the appropriate entries shall be made in the register. S.

No defect or irregularity in the execution of an in­ strument containing a mortgage, charge or assignment, no defect, irregularity or omission ,in any affidavit, and no error of a clerical nature or in an immaterial or non­ essential part of the instrument shall invalidate or destroy the effect of the mortgage, charge or assignment or the registration thereof, unless in the opinion of the court or judge before whom a question relating thereto is tried, the defect, irregularity, omission or error has actually misled some person whose interests are affected by the mortgage, charge or assignment. 9.

(1) An assignment of a mortgage of chattels, a charge of chattels or of an assignment of book debts may be filed with the Registrar. 18

SECURITIES Chap. 3

(2) A mortgage, charge or assignment of book debts Discharge of . te d d th' Ord' 'th h . t b mortgage. regIS re un er IS mance WI t e RegIS rar may e cbarge or discharged in whole or in part by filing with the Registrar ~~~~ent a certificate of discharge signed by the mortgagee, trustee debts. or assignee, his or its executors, administrators, successors or assigns and, except in the case of a certificate of dis- charge executed by a corporation under its corporate seal, the certificate shall be accompanied 'by the affidavit of an attesting witness of the execution thereof.

(3) Where a mortgage, charge or assignment of book ~~~~a.rr:ere detbts has been assigned, no certificate of discharge by an has been an assignee shall be registered until the' assignment thereof assignment. has been registered.

(4) In the case of a mortgage, charge or assignment con- Registrar tained in bonds, debentures or any series thereof or in ::::~o~~~~ debenture stock not secured by a separate instrument, the 11s':;~~ge Registrar may, on evidence being given to his satisfaction . that the debt for which the mortgage, charge or assignment was given as security has been paid or satisfied, enter a memorandum of discharge in the register, and shall, if required, furnish the mortgagor or assignor with a copy thereof. 5.

The Registrar shall note each assignment or discharge Recording of of a mortgage or assignment of book debts against each !!ts3ha..:;:;~s _ entry in the books of his office respecting the filing of the menta. gn instrument or affidavit; and shall make a like notation upon the af.fidavit filed under subsection (2) of

section 4, 10.

(1) Upon payment of the prescribed fees the Certificate Registrar shall give of filing. (

a) a certificate under his hand of the filing of any instrument or affidavit in pursuance of this Ordin- ance, and of the day and hour of such filing, and (

b) a certificate as to prior registrations, if any, of mortgages, charges or assignments created or made by the mortgagor or assignor.

(2) Every certificate furnished by the Registrar touch- Evidence. ing any matter dealt with by this Ordinance and every copy of a document filed under this Ordinance certified by the Registrar, shall be received as evidence for all purposes as if the original document were produced and as prima facie proof of the execution of the original document according to the purport of such copy.

(3) No proof shall be required of the sign'ature of the Proof of Registrar in respect of any certificate produced as evidence R,egISttrar'8 t to th ' t' s gna ure pursuan ]s sec Ion. not neces-sary, 11.

(1) Upon payment of the prescri,bed fees every person Searches shall have access to and be entitled to inspect the books of the Registrar containing records or entries of mortgages, charges or assignments or documents registered or filed under this Ordinance. 19

Chap. 3 Inspection of mortgage. etc. Regulations. Appoint­ ment of Reglstral' Application. SECURITIES

(2) The Registrar shall, upon request accompanied by payment of the prescri·bed fees, produce for inspection any mortgage, charge assignment or document registered or filed under this Ordinance. 12. The Commissioner may make regulations (

a) prescribing fees required to be paid to the Registrar -by this Ordinance, and (

b) generally, for carrying out the purposes and pro­ visions of this Ordinance. 13. The Commissioner may appoint a person as Registrar of Corporation Securities. 14. This Ordinance applies only to mortgages or charges of chattels or assignments of book debts executed after the coming jnto force of this Ordinance. 20

SUPERANNUATION

CHAPTER 4 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO PROVIDE FOR THE SUPERANNUATION OF EMPLOYEES OF THE YUKON GOVERNMENT (Assented to May 7th, 1969) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Short Title Chap. 4 1. This Ordinance may be cited as the Territorial Em-

Short title. ployees Superannuation Ordinance.

Interpretation 2. In this Ordinance, Deflnltlons. (a) "Act" means the Public Service Superannuation" Act" Act of Canada; and (b) "employee" means any person employed in the "Employee" public service of the Territory other than (

i) an employee who is (

A) a part-time employee, or (

B) engaged for a 'term of twelve months or less, unless he has been employed in the public service substantially without in­ terruption for a period of more than twelve months; (ii) an employee who is in receipt of a salary computed at an annual rate of less than nine hundred dollars; (iii) an employee whose compensation for the per­ formance of the regular duties of his position or office consists of fees of office; or (iv) a prevailing rate or seasonal employee, unless designated by the Commissioner individually or as a mem'ber of a class. Employees Required to Contribute 3. Every employee is required to contribute, by reserva- Employees tion from his salary or otherwise, ~:~g:~t!~ (

a) to the Superannuation Account in the Consolidated Revenue Fund of Canada, the amount required by

Part I of the Act to be contributed by him as a contributor under that Part; and 21

Chap. 4 (

b) SUPERANNUATION to the Puiblic Service Death Benefit Account in the C'Onsolidated Revenue Fund of Canada, the amount required by

Part II of the Act to be con­ tributed by him as a participant under that Part. ~~ioner to 4. The Commissioner shall reserve from the salary of pay con- every employee and pay to the Consolidated Revenue Fund g~~~~r_nll to of Canada the amounts required to ·be reserved from the ~~~ee~ue salary of each employee by the Act. Fund. Terrl­ trIal torlal con­ trIbution. Regulations. Repeal. ComIng Into Force Territorial Contribution 5. There shall be paid from the Yukon Consolidated Revenue Fund to the Consolidated Revenue Fund of Canada from time to time as required by the Minister of Finance of Canada the amount required to be paid under the Act by a Public Service corporation specified in

Schedule C or D to the Financial Administration Act of Ganada in respect 'Of the contrihutions of employees to the Superannuation Ac­ count and the Public Service Death Benefit Account in that Fund. Regulations 6. The Commissioner may make regulations (

a) specifying, for the purpose of this Ordinance, the circumstances under which an employee's service in the public service of the Territ'Ory shall be deemed to be suibstantially without interruption; (

b) defining, for the purpose of this Ordinance, the expressions "part-time employee", "prevailing rate employee" and "seasonal employee"; and (

c) generally, for carrying out the purposes of this Ordinance. Repeal 7. The Annuity Plan Ordinance is repealed. Coming Into Force 8. This Ordinance shall come into force on a day to be fixed by Order of the Commissioner. 22

MUNICIPAL

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO AMEND THE MUNICIPAL ORDINANCE Chap. 5 1959 (2nd)c.1 ; 1960 (lsl)c.6; 1961 (l9t)c.6; (Assented to May 7th, 1963) g~~)C.5 and c.9; The Commissioner of the Yukon Territory, by and with g8~ 2 . the advice and consent of the Council of the said Territory, 19~2) c .• enacts as follows: g:~) c.22 . f h .. l 0 d' . I d (5th)c.l0 1.

SectIon 240 0 t e Munun,pa r 1:nance IS repea e c.13 and c.16. and the following substituted therefor: "240. Subject to this Ordinance, any elector other Electors . ' f quali"lled to than a corporation, who is a ratepayer m respect 0 hold offIce. real property (

a) the assessed value of which is at least one thousand dollars; and (

b) on which the taxes are not in arrears, or is a spouse of such ratepayer and is ordinarily resident with such ratepayer is qualified to be nominated and elected to hold office as a member of the Council." 23

Chap. 6 O.T.T. 1959 (2nd) c.2 ; 1960 (lst)c.5 ; 1961 (lst)c.4. TAXATION

CHAPTER 6 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO AMEND THE TAXATION ORDINANCE (Assented to May 7th, 1969) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. Paragraph (

b) of

section 73 of the Taxation Ordinance is repealed and the following substituted therefor: 24 "(Ib) the notice may be served upon the occupier or tenant either (

i) personally, (ii) 'by depositing it in some conspicuous place on the premises, (Hi) hy leaving it with some adult person at the premises, or (iv) by registered letter addressed to the ten­ ant or occupier at his last address as shoWD in the records of the collecter;"

ENGINEERING

CHAPTER 7 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO AMEND THE ENGINEERING PROFESSION ORDINANCE' (Assented to May 7th, 1969) Chap. 7 The Commissioner of the Yukon Territory, by and with ~9~8Y;{36' the advice and consent of the Council of the said Territory, 1961' • enacts as follows: (lst)c.8. 1. The Engineering Profession Ordinance is amended by adding thereto, immediately after

section 17 thereof, the following section: '17 A. A partnership, an association of persons or a PartDer­ corporation may engage in the practice of professional ~:-latlDns engineering in its own name and use the title "profes- ~1~n~OrpDra- sional engineers" if the practice is carried on under the . supervision of (

a) a mem'ber of the partnership or association or a director of the corporation; or (

b) a full time permanent employee of the partner­ ship, association or corporation, who is (

c) a mem'ber of the Association and holds a cer­ tificate of registration issued pursuant to this Ordinance; or (

d) a licensee." 25

Chap. 8 O.Y.T. 1962 (lst)c.l. HOUSING

CHAPTER 8 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO AMEND THE LOW COST HOUSING ORDINANCE (Assented to May 7th, 1969) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 2 of the Low Cost Housing Ordinance is re­ pealed. 2.

(1) Paragraph (

a) of subsection (2) of

section 3 of the said Ordinance is repealed and the following. sUlb­ stituted therefor: "(

a) is the holder in fee simple of the land on which a house is to be constructed or is a lessee of such land under a lease entered into with Her Majesty in right of Canada having a term extending for not less than five years beyond the term of any loan that may 'be made pursuant to this section;"

(2) Paragraph (

c) of subsection (2) of

section 3 of the said Ordinance is repealed alld the following substituted therefor: .. (

c) satisfies the Commissioner that he is unalble to obtain a loan pursuant to the provisions of the National Housing Act, 1954."

(3) Paragraph (

a) of subsection (3) of

section 3 of the said Ordinance is repealed.

(4) Paragraph (

d) of subsection (3) of

section 3 of the said Ordinance is repealed and the following su'bstituted therefor: " (

d) be secured by a first mortgage in favour of the Commiss,ioner upon the land on which the house is to be constructed;"

Section 4 of the said Ordinance is amended by adding thereto, immediately after subsection (1) thereof, the fol­ lowing subsection: ~~er~ ~ean .. (la) A loan shall not be made under the authority of made. this

section in respect of a house the estimated cost of construction of which is in excess of seven thousand dollars." 26

LIQUOR

CHAPTER 9 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO AMEND THE LIQUOR ORDINANCE (Assented to May 7th, 1963) Chap. 9 The Commissioner of the Yukon Territory, by and with r/~·Y.T·7 the advice and consent of the Council of the said Territory, 19~9' c.6 enacts as foHows: g~)C.6; 1

(1) S b t · (7 f· f . (2nd)c.6; • U' sec IOn ) 0

sectIon 12A 0 the Ltquor 1962 Ordinance is repealed and the following substituted there- (1st)c.18. for: "

(7) An inspector may suspend a licence issued pur- Licence may suant to subsection (1) if, in his opinion, a breach of ~~S])ended. any of the conditions attached to the licence has been committed."

(2) SU'bsection (9) of

section 12A of the said Ordinance is repealed and the following substituted therefor: "

(9) Any licence issued pursuant to subsection (1) Suspension shall be deemed to be suspended or cancelled, as the case ?ron~~ceJla­ may be, if the licence permitting the sale of liquor on I!cencet! th . h th t t' t· . . respec ng e premises were e en er ammen IS given 1S SUS- the premises. pended or cancelled." 2. Subsection (7) of

section 12B of the said Ordinance is repealed and the following substituted therefor: "

(7) An inspector may issue an order to suspend a Licence licence issued pursuant to subsection (1) if, in his ~~~e~~ed. opinion, (

a) the licence is being used as a device to facilitate the sale of beer or wine; (b) !beer or wine is being sold on the licensed premises to persons who are not consumers of bona fide meals therein; or (

c) the money value of gross sales of beer and wine on the premises in any thirty day period exceeds the money value of gross sales of meals for the same period." 3. SU1bsection (4) of

section 12D of the said Ordinance is repealed and the following substituted therefore: .. ( 4) An inspector may suspend a licence issued pur- Licence suant to subsection (1) if, in his opinion, conduct of a ~~e~~ed disorderly nature has occurred or is occurring on the . premises in respect of which a licence was issued." 27

Chap. 9 Suspension or cancella­ tion by CommIs­ sioner. Addl·t\onal powers oC an Inspector. Notice oC suspension or cancella· tlon. Idem nights and privileges. Suspension by Com­ missioner. Suspension by .inspector or peace officer. Liquor to be dell vered to Commis­ sioner. LIQUOR

Section 15 of the said Ordinance is repealed and the following SUbstituted therefor: "15.

(1) The Commissioner may suspend or cancel any licence.

(2) In addition to any other powers he may have to suspend a licence under this Ordinance, an inspector may suspend the licence of licensed premises where he has reasonable grounds to believe that (

a) a violation of this Ordinance or regulations made pursuant to this Ordinance has been committed on licensed premises; (

b) unsanitary conditions exist in licensed premises; or (

c) the owner or operator of licensed premises per­ mits or encourages excessive drinking on the premises.

(3) Suspension or cancellation of a licence pursuant to this Ordinance shall not be effective until a copy of the order of suspension or cancellation signed by the person making the same is (

a) served personally on the licensee; or (

b) posted on some prominent place in the licensed premises.

(4) Where an order of cancellation or suspension is posted in the licensed premises pursuant to paragraph (

b) of subsection (3), a copy thereof shall be sent by registered mail to the licensee at his last known address.

(5) Where a licence is suspended or cancelled pursuant to subsection (1) or (2), all rights and privileges con­ ferred by or under this Ordinance on the holder thereof are suspended or terminated, as the case may be.

(6) Unless the order of suspension otherwise provides, every suspension of a licence by the Commissioner shall ·be for an indefinite period of time and may be terminated only by further order of the Commissioner. .

(7) Any order of suspension made by an inspector shall be for a period not exceeding fourteen days, but this period may be extended by order of the Oommis­ sioner for such period as he sees fit. 15A.

(1) Where a licence has been cancelled or sus­ pended pursuant to this Ordinance, the licensee or the person in charge of the licensed premises shall deliver to the Commissioner all liquor in his possession or under his control and the Commissioner may, in his discretion, purchase the liquor at a price to be fixed by him. 28

LIQUOR Chap. 9

(2) WIJere the licensee or the person in charge of the ~elzure ot licensed premises fails to deliver up the liquor in his Quor. possession, the Commissioner or a person authorized by him may seize the liquor and dispose of it as the Com­ missioner directs. 15B.

(1) Any person whose licence has been suspended Appeal to by an inspector pursuant to this Ordinance may within ~~:ioner. twenty-one days of such suspension apply to the Commis- sioner to have the suspension revoked.

(2) Any person whose licence has been cancelled or Application suspended by the Commissioner may, within twenty-one ~?Je::;tl~~~ days of such cancellation or suspension, apply to the Commissioner for reconsideration of the cancellation or suspension.

(3) The Commissioner shall within seven days of an Hearing. application pursuant to subsection (1) or (2) hold a public hearing respecting the application at which all interested parties shall be heard, and at or subsequent to the hearing the Commissioner may reinstate any licence suspended or cancelled, alter any suspension or confirm any suspension or cancellation. 15e. A magistrate or justice trying the alleged viola- Recom­ tion of this Ordinance may recommend to the Commis- ~~en~~~fs~ sioner the suspension or cancellation of any licence '!ra~f or granted for the sale of liquor." JUS ce. 29

Chap 10 R.O.Y.T. 1958 c.42. Payment by cheque. FINANCIAL ADMINISTRATION

CHAPTER 10 ORDINANGES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO AMEND THE FINANCIAL ADMINISTRATION ORDINANCE (Assented to May 7th, 1963) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as foHows:

Section 21 of the Financial Administration Ordinance is repealed and the following substituted therefor: 30 "21. Every expenditure of pU;blic money shall ·be made by means of cheque drawn on a chartered bank and pre­ pared and signed in such manner as the Commissioner directs."

FOREST CHAPTE-R 11 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO AMEND THE FOREST PROTECTION ORDINANCE (Assented to May 7th, 1969) Chap. 11 The Commissioner of the Yukon Territory, by and with Th~'Y'~1 the advice and consent of the Council of the said Territory, c. enacts as follows:

Section 11 of the Forest Protection Ordinance is here­ by repealed and the following sUlbstituted therefor: ""11. Subject to

section 13 no person shall during the fire season set out, start or kindle any fire for the pur­ pose of clearing Iand, cooking or preparing food, or obtaining warmth, or burning any inflammable material, or for any industrial purpose except pursuant to a per­ mit therefor issued under

section 16." 2. Paragraph (

a) of sulbsection (1) of

section 16 of the said Ordinance is hereby repealed and the following sub­ stituted therefor: .. ('

a) the use of fire during the fire season for the purpose of clearing land, cooking or preparing food or obtaining warmth," 3. This Ordinance shall take effect from and be in force on the first day of July, 1963. 31

Chap. 12 R.O.Y.T. 1958. c.67; 1959 (lst)c.6; 1961 (2nd)c.6; 1962 Clst)c.18. LIQUOR

CHAPTER 12 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO AMEND THE LIQUOR ORDINANCE (Assented to May 7th, 1963) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: .

Section 45 of the Liquor Ordinance is repealed and the following substituted therefor: "45.

(1) A person who is entitled to possess or consume liquor may lawfully have or. keep not more than twenty­ five' ounces of spirits or thirty-one ounces of wine or not more than twelve pints of beer that was purchased out­ side the Territory (

a) if the container or containers holding the liquor was imported into Canada by the possessor there­ of under an authority issued by or with the permission of a Canadian customs officer; or (

b) if the liquor was purchased from a liquor board, commission or similar body in any other part of Canada.

(2) Except as authorized by this Ordinance, no per­ son within the Territory, by himself or his clerk, servant or agent shall 32 (

a) have or keep liquor purchased from a liquor store in a place other than the residence in which he resides or in a motor vehicle in the manner authorized by

section 48; or (

b) have or keep liquor not purchased from a liquor store."

HOUSING

CHAPTER 13 ORDINANCES OF THE YUKON TERRITORY 1963 (First Session) AN ORDINANCE TO RE'PEAL THE LOW RENTAL HOUSING AGREEMENT ORDINANCE (Assented to May 7th, 1963) Chap. 13 The Commissioner of the Yukon Territory, by and with ?9t;·T. the advice and consent of the Council of the said Territory, (let)c.3. enacts as follows: 1. The Low Rental Housing Agreement Ordinance, being

Chapter 3 of the Ordinances of the Yukon Territory, 1962 (First Session) is hereby repealed. 33

TABLE OF PUBLIC ORDINANCES OF THE YUKON TERRITORY Show all the chapters of Revised Ordinances, 1958, with amendments thereto up to and including 1963 First Session SUBJECT MATtER 1958-1963 (Flnt S ... lon) R.o. 1958

Chapter No.

Adoption ............................................................ 1 Agisters and Livery Stable Keepera .................. 2 Amusement Tax ......................... ~..................... 3 Annual Vacations ................................................ 4 Annuity Plan ..... ............ .... .................... ............. 5 Arbitration ................................. _ .. _................. 6 Area Development .............................................. 7 ASSignment of Book Debb ................................ 8 Bills of Sale ........................................................ 9 Blasting ...... ........................................................ 10 Bulk Sales ............................................................ 11 Business License .................................................. 12 AMENDMENTS 1960 (lat) c.7 s.5(2); 9(2) added 1961 (1st) Co3 5.15 added; Sched.

Cancer Diagnosis & Treatment ........................ .. Cemeteries ....................................................... .. new 1962 (ht) c.ll 13 Change of Name .............................................. .. 14 Chiropractic ....................................................... . 15 Choses in Action .............................................. .. 16 Citizenship Instruction Agreement .................. .. 17 City Frontage Tax (Whltehorse) ..................... .

Collection ........................................................... . new 1960 (1st) c.3 18 Companies ........................................................ .. Conditional Sales ............................................. . Contributory Negligence ................................ .. Controverted Elections .................................... .. Cooperative Assoclatlo". ................................. . 19 20 21 22 23 1962 (ht) c.13 s.298(3) Cornea Transplant ............................................ ..

Coroners ............................................................ .. new 1962 (5th) c.2 24 Corporation Securities .................................... .. new 1963 (lIt) c.3 Credit Unions ................................................... . 25 Creditors Relief ................................................ .. 26 Curfew ..... _ ....................................................... .. 27 Defamation ...................................................... .. 28 Dental Profenlon .............................................. .. 29 Dependants Relief .......................................... ..

Devolution of Real Property .......................... .. new 1962 (1st) c.9 30 Dllabled Perao".

Allowance ........................... . 31 Dlltreaa ........ ................. ....................................... 32 Dog .................................................................... 33 ElectiON ...... ........................ ...................... .......... 34 Employment Agencies ........................................ 35 Engineering Profelllon .... ............ ........ .............. 36 Evldance .................. ............................ ................ 37 Examptlons ............ .......... ............... ...... ............. 38 1962 (1st) c.16 s.3(1); 4(a) 1960 (3rd c.4) 1.4; 5(bXc); 8; Sched. 1961 (1st) Co8 1.2 (bbXI) added; 8; 12(I)(d)(eXf); 12C2X3X4X5), 13, 14(1), 16, 17(IX2), 18, 20, 22; 25(2) added, 26(1 X3), 31, 32, 1963 (lit) c.7; 1.17 A added. 35

TABLE OF PUBLIC ORDINANCES SUBJECT MATTER R.O. 1958

Chapter No. Factors ................................................................ 39 Fatal Accidents .................................................. 40 Ferries .................................................................. 41 Financial Administration .................................... 42 Financial Agreement ......................................... . 43 Financial Agreement 1962 ............................... .

Fire Investigation ...................................... . ....• 44 Fire Prevention ................................................. . 45 Fire Prevention ., ............................................... . new Fitness and Amateur Sport ............................. . new Floral Emblem .................................................. . 46 Forest Protection 47 Franchises: Mayo Utilities-Telephone ..........................•• Electrical-Whitehorle ................................... . Electrical-Hain •• Junction ........................... . Electrical-Watson Lake ............................... .

Electrical-Carcross ....................................... . Electrical-Carmackl ..................................... . Electrical-Teslin ........................................... .

Frustrated Contracts ......................................... . 48 Fuel Oil Tax ....................................................... . new Fur Export 49 Game 50 Garage Keeper •.................................................. 51 Garnishee ........................................................... . 52 Hospital Aid .................................................... . 53 Hospital ............................................................. . new Hotel Keepere ................................................... . 54 illegItimate Children . ..... ......... ...... .......... ........... 55 Insane Pereona .................................................... 56 Inlurance ................................................. ........... 57 .Interpretatlon .. ......... ... ......... ............................• 58 Intestate Suctellion ........ ....... .........................•..• 59 Judicature ......... ........ ........ ....... .... ......... .......•...• 60 Jury 61 36 AMENDMENTS 1963 (1st) c.IO .•. 21 1962 (l.

t) c.4 Repealed by 1962 (5th) c.3 Repealed by 1962 (5th) c.3 1962 (5th) c.3 1962 (5th) c.l 1963 (1st) 11. s.l1; 16(IXa). ht of July, 1963. 1952 (lst)c.6 1953 (ht) c.ll s.l; 2 1954 (2nd) c.2 1958 (ht) c.13 1959 (2nd) c.3 1960 (3rd) Col 1961 (1st) c.l 1963 (1st) c.l 1962 (1st) c.6 1962 (5th) c.15 s.3; 1961 (2nd) c.11 Sched. A. 1959 (1st) c.3 1.2(1); 8; 9A & 9B added; 14A added; 25(2); 27(1l1 34(1); 36; 42(2); 49(1); 74(3X4X5); ·81(b). 1959 (2nd) c.4 .•. 39(1). 1961 (2nd) c.l0 ••. 78(3X4) addeds Sched. A; 9A added. Rapealed b.,. 1959 (ht) c.l 1959 (lIt) c.l 1960 (I.

t) c.4 a.2(b); 6. 1959 (ht) c.4

Part III repealed 1962 (5th) c.7 •• 48 1959 (ht) c.5 1.37 .dded. 1962 (1lt) c.19 1.5 1960 (3rd) c.5 1.14; 51(1). 1961 (1lt) c.7 1.51(1). 1961 (3rd) c.l 1.9; 14(5); 19(2)

.TA~ OF PUBLIC ORDINANCES SUBJECT MA mR R.O. 1958

Chapter No. AMENDMENTS labour Provilion .......... ............. ... ....... ............... 62 1961 (3rd) c.3 I. 3A added 1962 (ht) c.1S 1.4; 6. 1962 (5th) c.9 s.10; 11 added 'landlord and Tena~t ..................................... _... 63 legal Profelllon .......... ,....................................... 64 1962 (ht) c.14 1.26 added legitimation ......... .......... ..................................... 65 limitlltion of Actionl ............... '" ...... ...... ... ......... 66 liquor .................................................................. 67 lOlln Agreement

(1961) No. 1 ...................... .. lOlln Agreement

(1961) No. 2 ....................... . loan Agreement (1961) ................................... . loan Agreement

(1961) No. 1 ...................... .. low COlt Housing .......................................... .. low Rental Hauling Agreement .................... .. lordl OilY (Yukon) ............ :: ............................ .. 1959 (ht) c.6 •. 12(1); 30(IX3); 76(3) added. 1961 (2nd) c.6 •. 37(1) 1962 (ht) c.18 1.2(IXy); 9; 12A; 12B. 12C, 120, 12E added; 12(2); 15(9)(IOXllXI2XI3) added; 50(2); 31(IXa)(bXc); 31(3);37(2); 76; 77. 1962 (5th) c.11 s.I2A(I) 1962 (5th) c: 14 I. 8(2) 1963 (ht) c.9 •. 12A(7)(9); 128(7); 120(4); 15; 1963 (ht) c.12 •. 45 new 1961 (2nd) c.21 new 1961 (2nd) c.4 new 1961 (3rd) c.4 new 1962 (1st) c.2 new 1962 (1st) c.l 1963 (1st) c.8 •. 2; 3(2Xa); 3(2Xc); 3(3X'); 3(3Xd); -i(1 Xa) added. new 1962 (1st) c.3 Repealed by 1963 (1st) c.13. new 1962 (ht) c.8 Maintenance ...................... :................................. 68 Marriage ........................ : .... :................................ 69 Married Women'l Property .... ....... ..................... 70 Ma.tere & Servan" ........ ...... .......... ... ................. 71 Mechanlce lien .................................................. 72 Medical Profelllon ......... ................ ................... 73 Miner'. lien ........................................................ 74 Mining Safety .................... '" ..... ........................ 75 Motion Picture ..................... ; ............................ ..

Motor Vehicle. Motor Vehicle Fual Tu .................................... .. Municipal .......................................................... . 76 77 1960 (3rd) c.3 1.5(2); 6(3)(6XlIXI2); 7(2); 8(1); 11(3); 13(c)/ 14(2)/ 15(2X4h 19(IX2); 22(IX2X6)(8)/ 27(2X3) added; 29; 34(1); 34(3) added; 41(IX4); 49A & 498 added; 138A added; 163(2); Sched. A. & B. 1961 (lIt) c.5 •. 2; 49B 1961 (2nd) c.7 •. 76(2) 1962 (I.

t) c.21 •. 22(3); 22(6X7); •. 3 of Sched. 1962 (5th) c.8 Sched. A 1 & 2. 78 Repellled bV 1962 (ht) c.6 79 Repealed by 1959 (2nd) c.l 37

TABLE OF PUBLIC ORDINANCES SUBJECT MAMR Municipal .......................................................... . R.O. 1958

Chapter No. new AMENDMENTS lQ59 (2nd) c.l 1960 (1st) c.6 1.99 (aa) added; 288; Sched B(d); Sched. B(

g) added 1961 (lat) c.6 1.109; 124(3); 133, 144; 238(b) 1961 (2nd) c.5 1.71(3) 1961 (2nd) c.9 1.122; 194 1961 (3rd) c.2 1.194 1962 (ht) c.22 1.194; 195; 228(1); 240 1962 (5th) c.l0 1.34; 118/ 194 1962 (5th) c.13 1.97A added; 121 1962 (5th) c.16 s.240(1). 1963 (lat) c.5 1.240 Newspaper ........................................................ 80 Noise Prevention .......... .............. ........ ...... .......... 81 Old Age AIsiatance end Blind Perlons AllowenCB ............... ............... 82 1961 (ht) c.2 aA(c) 1962 (ht) c.17 •. 3(1 X2); 4(a)(

b) Optometry.. ................... ....................... .............. 83 Partnership ....................................................... . Pawn 8rokera and Second Hand Dealera ...... .. Petroleum ProduC11l ........................................... . Pharmaceutical Chemista ................................. . Police Magistrate's Courts ............................... . Poll Tax ............................................................. . Pounds ............................................................... . Presumption of Death ..................................... _.

Protection of Children ..................................... . Public Health ..................................................... . 84 85 86 87 88 89 Repealed 1962 (ht) c.5 90 new 1962 (5th) c.5 91 92 1959 (18t) c.8 s.2(g); 3(w); 3(

x) added;

Part 11; 14; 17. 1961 (lat) c.9 Sched A. 1962 (5th) c.12 1.3; 5; 6; 7; 8; 9; 10; lOA; lOB; Heading before 11. Public Printing .............. ........ ........... ................... 93 Public Service .. .................................................. 94 Reciprocal Enforcement of Judgmentl ........... . Reciprocal Enforcement of Maintenance Orders ........................................................... . Sale of Certain Lands (Whltehorae) ................. . Sale of Gooda ............................................... . Saw Logs Driving ......................................... _ .. .

School ............................................................. _ .. . Scient I." and Explorera ................................... . Societies ............................................................. . Steam Bollera ..................................................... . Survivorshlp ....................................................... . Synod ................................................................. .

Taxation ............................................................. . 38 95 96 1962 (ht) c.20 a.ll 12; 1962 (ht) c.23 1.18(IX2X3X4) new 1960 (1st) c.l 97 98 99 Repealed by 1962 (lat) c., new 1962 (ht) c.7 100 101 102 new 1962 (5th) c.4 new 1963 (1.t)c.2 103 Repealed bV 1959 (2nd)c.2 new 1959 (2nd) c.2 1960 (lat) c.5 1.3(f) 1961 (lIt) c." 1.2(g); 3(f); 3ID added; 1963 (1 at) c.6 1.73(b).

TABLE OF PUBLIC ORDINANCES SUBJECT MATTER Tenants in Common ......................................... . Territorial Employees Superannuation ........... . Trustee ............................................................... . Unemployment Aslistance Agreement ............. . Variation of Trults ............................................. . Vital Statistics ........................................... . Vocational Training Agreement .. , .................... . Warehouseman's Lien ....................................... . Whitehorse Land Sale and Loan (1961) ........... .

Wills ... . ........................................................ . Woodmen's LIen .......................................•..••.... Workmen's Compensation ................................. . Yukon Hospital Insurance Service •.................. Yukon Housing (1961) ..................................... . Yukon Land •........................................................ Yukon Social Service Society ......................... . R.O.1958

Chapter AMENDMENTS No.. 104 new 1963 (1st) c.4 105 new 1959 (1st) c.2 new 1962 (5th) c.6 106 107 108 new 1961 (2nd) c.l 109 110 111 1959 (ht) c.9 8.13(1) 1961 (2nd) c.8 s.25(1 )(a)(dXe); 25(ea) added; (

f) new 1960 (1st) c.2 new 1961 (2nd) c.3 1962 (1st) c.12 s.3(3)(b). 112 new 1962 (ht) c.l0 39

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1963 SECOND SESSION G. R. CAMERON COMMISSIONER Printed and PillIlI.had for tfle Government of the Yukon Territory unci er Authority of

Chapter " of the Consolidated Ordlnancea of 1958. BY H. J. TAYLOA. Queen" Printer

ORDINANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1963 SECOND SESSION

Chap. 1 2 3 4 5 6 7 8 9 -10 11 12 13 INDEX 1963 (SECOND SESSION) Name An Ordinnnce Respecting the Taking and Recording of Evidence by Sound Recording Apparatus _______________________________ _ An Ordinance Respecting the

Summary Recovery of Wagcs by Employees ________________________________________________________________________________ _ An Ordinance to Prevent Discrimination in Regard to Accommodat.ion and Employment and in Regard to Mem­ bcrship in Trade Unions by Reason of Race, Religion, Re~i~ious Creed, Colour, Ancestry, or Ethnic or National Origin _______________________________________________________________________________________________ _ An Ordinance to Authorize the Commissioner of the Yukon Territory to Enter Into and Execute an Agreement with the Government of Canada Respecting the Seaplane Base at ~fayo Airport _________________________________________________________________________________ _ All Ordinance to Amend the Insurance Ordinance ___________ _ An Ordinance to Amend the Corporation Securities Regis-t ra t ion 0 rdi n a n cc __________________________________________________________________________ _ An Ordinance to Amend the Medical Profession Ordinance An Ordinance to Amend the Area Development Ordinance An Ordinance to Amend the Motor Vehicles Ordinance ___ _ An Ordinance to Amend an Ordinance to Prohibit Children Being on the Streets After Nightfall _______________________________________ _ An Ordinance to Amend an Ordinance Empowering the ComDlissioner of the Yukon Territory to Grant a Franchisc to the Yukon Electrical Company Limited to sell and Distribute Electrical Energy in the Teslin Area, Yukon Territory _______________________________________________________________________________________ _ An Ordinance to Ameud thc Labour Provisions Ordinancc ___ _ An Ordinance to Repeal an Ordinance to Incorporate the North Star Athletic Association Liolited _______________________________ _ Appendix-Table of Public Ordinances of the Yukon Ter· ritory 1958 to 1963 (2nd Session).

Showing all the chapters of revised ordinances 1958 with amendoleuts therein, up to Pnge 1 4- ]2 18 19 21 22 25 28 29 30 31 and including 1963 (2nd Session). ___________________________________________ 32

RECORDING OF EVIDENCE BY SOUND ApPARATUS

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) AN ORDINANCE RESPECTING THE TAKING AND RECORDING· OF EVIDENCE BY SOUND AND RECORDING APPARATUS (Assented to November 22nd, 1963) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. This Ordinance may be cited as the Recording of Evidence by Sound Apparatus Ordinance. 2. In this Ordinance CHAP. 1

Short title.

Interpretation. (a) "court" means any court, a judge, magistrate, "Oourt." justice of the peace, arbitrator, umpire, commis- sioner or other person authorized by law or by order of a court or otherwise, to hear any witnesses or take any evidence or to make any order, decree, finding, decision or report or to exercise any judicial or quasi-judicial function; (b) "evidence" includes judgments, decisions, opinions, "Evidence." speeches, reports and all other matters done or said by or before any court; (c) "judge" includes any person lawfully presiding in "Judge." a court; (d) "proceeding" means any civil case, prosecution "Proceeding." under an ordinance or other matter to which the legislative authority of the Commissioner in Coun- cil extends, that is before a court; (e) "record" means a record made in accordance with "Record."

section 3; (f) "reporter" means an official court reporter duly "Reporter." appointed in accordance with law or a steno- grapher or typist; 1

CHAP; 1 "Sound rc(~ordin:! Rpparatus." "Triol." RccordinS' of evidence by Hound recording nppnr3tus. CertificAtion of record. Certificate primn facie proof. Typewritten copies. RECORDING OF' EVIDENCE' BY SOUND' ApP'ARATUS (g) "sound recording apparatus" means any device, machine or system of a type approved by the C.ommi!?sioner for the making of. a .record .of ;voice or other sound; and (h) "trial" includes all motions, applications, trials and other 'matters which may properly be taken . '. "before a judge. 3. .

(1) Notwithstanding any other ordinance, the evidence in any'proceeding or any portion of such evidence may, if the judge so directs, be recorded by sound recording ap­ paratus ..

(2) All parties seeking to bring a matter before a judge shall file with the court consent in writing from all othe.r .parties evidencing consent to the use of sound'record­ ing apparatus at the trial. .

(3) Before proceeding to the trial of the matter in issue a judge shall ascertain from the parties to the pro­ ceedings that they are satisfied with the· competence of the operator supervising the sound recording apparatus and that the said parties have not withdrawn their con­ s~nts to the use thereof.

(4) It shall be the duty of the operator having charge of the sound recording apparatus to make such notes as a judge may order to supplement the record. 4.

(1) A record shall be certified, by the judge or by the c~urt official in charge of the sound recording apparatus during the proceeding, as 'being the record made of the evidence or part thereof, as the case may be, in the pro-. ceeding.

(2) A certificate made under this

section is, without proof of the signature of the judge or person in charge of the sound recording apparatus or of this official character, admissible in evidence as prima facie proof that the record is the record of the evidence or part thereof, as the case may be, in the proceeding . .J 5. A typewritten copy of the whole or any part of the contents of a record, (

a) reduced to writing by a reporter, and 2

RECORDING OF EVIDENCE BY.SOUND ApPARATUS (

b) certified by the reporter to be a true and faithful transcript of the contents of the record, is admissible in evidence before any court to the same exterit a~d' wlth the same etfectas a transcript of short­ hand notes duly prepared by a reporter in accordance with law. 6. The sounds recorded upon a record may be reproduced in a court by any appropriate machine or device and the reproduction shall be received by the court to the same extent and with the same effect as a typewritten copy prepared pursuant to

section 5. 7. All records shall be filed in the offiCe of the Clerk of the Territorial Court and shall not be removed except with authority of the Clerk for use in court or as required by an ordinance or rule of the Territorial Court or upon the order of a judge of the Territorial Court. 8.

(1) Any time after two years from the making of a record a judge of the Territorial Court may order the record destroyed or the recording thereon erased, cancelled, or otherwise destroyed.

(2) An order made pursuant to subsection (1) may be a general order to apply to all or any records made before a date set out in the order. Cl:IAP. 1 Playing of records in court. Filing of records. Order for destruction of records. Order mny be of g"-R"-rlll application. 9. The Commissioner may make regulations for carrying RegulntioDs. out the purposes of this Ordinance. 3

CHAP. 2 WAGES RECOVERY

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) AN ORDINANCE RESPECTING THE

SUMMARY RECOVERY OF WAGES BY EMPLOYEES (Assented to November 22nd, 1963) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

SHORT TITLE. ~~::t 1. This Ordinance may be cited as the Wages Recovery Ordinance.

INTERPRETATION.

Definitions. 2. In this Ordinance, "Employee." "Employer." "Wages." (a) "employee" means a person in receipt of or en­ titled to wages from an employer, whether the relationship of employee and employer has been terminated or not; (b) "employer" includes every person responsible for the payment of wages to an employee under any ordinance or law in force in the Territory; and (c) "wages" means wages, salary, pay, commission or other compensation for labour or personal service, whether measured by time, job, piece or otherwise. APPLICATION OF ORDINANCE. Application. 3.

This Ordinance applies to every hiring of labour or contract of personal service wherever made, performed or intended to be performed within the Territory. Certain contracts to be in writing. CONTRACTS OF SERVICE AND LABOUR. 4. Every contract of personal service or hiring of labour for a period of more than one year shall be in writing and signed by the contracting parties. 4

WAGES RECOVERY CHAP. 2 RECOVERY OF WAGES. 5. Every employee who has a cause of complaint against r:.~~~'::,Sfon his employer for by employee. (

a) the non-payment of wages earned by him in the course of his employment, (

b) the non-payment of wages payable to him under a contract of personal service or hiring of labour, or (

c) improper dismissal, may lay an information in writing and under oath before a justice, stating the cause of the complaint and the amount of wages claimed, if any. 6.

(1) Upon receiving the information referred to in

section 5 the justice shall summon the employer to appear before him at a time and place to be stated in the summons to answer the complaint of the employee.

(2) The justice receiving the information shall arrange for service of the summons upon the employer, unless the complainant undertakes to serve him.

(3) The summons and every subsequent document pertaining to the proceedings may be served upon the person to whom it is directed either by delivering it to him personally, or if he cannot conveniently be found, by sending it to him by registered mail, or by leaving it with any person who appears to be at least sixteen years of age, at his last known place of residence or at the place where he carried or carries on business.

(4) Where an employer is a corporation, the summons shall be served by delivering it to the manager, secretary, or other executive officer of the corporation or of any branch thereof.

(5) Where an employer is a municipality, the summons shall be served by delivering it to the mayor, clerk or treasurer of the municipality.

(6) Service of a summons may be proved by oral evidence given under oath by the person who served it or by his affidavit made before a justice, a notary public or a commissioner for oaths. 5 Summons. Service h)· justice or comploin:U1t. Service on indivhluol. Ser .. ice on corporntiOD. Service on munieipnlity. Proof DC service.

COBtB of adjournment. Po:rn1ent to be :nBde forth .vith. Order ot jUBtice uft_r hearing on non-]Jll),Olent of W~"'(!8. :\Ioximum award. Order of j IJHtiee 0 fter hellring imprOl)Cr dismi •• nl. WAGES RECOVERY 7.

(1) An adjournment· of· the· hearing of any complaint may .be allowed on payment to the employee of the amount, to·be fixed by the justice, of the employee's costs in attend: ing the hearing unless the justice is of the opinion that the adjournment has been made necessary by any act or omis­ sion of the employee.

(2) Unless immediate payment of the amount referred to in subsection (1) is dispensed with by the justice, pay­ ment thereof shall be made forthwith by the employer. S. (1) If upon examining into the matters alleged in any complaint made under paragraph (

a) or (

b) of

section 5, the justice is satisfied that the cause of complaint has been established, he shall order the employer to pay to the em­ ployee the amount of wages found to be due to him and (

a) may order the employer to pay to the emp·loyee the amount of wages that would have been due to him up to the time when his service could or would have been legally ended by notice from the employer or by passage of time, together with the costs of prosecution, and (

b) may release the employee from his employment if the term of his employment has not expired, whether or not the employee is still in actual service with the employer.

(2) The amount ordered to be paid pursuant to this

section shall not exceed six months' wages or one thousand dollars, whichever is the lesser, exclusive of the costs of prosecution. - 9.

(1) If, upon examining into the matters alleged in any complaint made under paragraph (

c) of

section 5, the justice is satisfied that the cause of complaint has been established, he may, in addition to making any order con­ templated by

section 8, order the employer to pay to the employee (

a) such further amount as to him appears reasonable under the circumstances, not exceeding, however, one month's wages, (

b) an amount equal to the wages the employee would have earned between the date of the improper dismissal and the determination of the complaint by the justice, or 6

W:AGES RECOVERY (c), two hundred dollars, whichever is the least, together with the costs of prosecu­ tion.

(2) Any amount ordered to be paid pursuant to this

section shall not exceed the amount, if any, by which one thousand dollars exceeds the amount ordered to' be paid pursuant to

section 8, exclusive of the costs of prose.cution.

(3) Where a justice in examining into a complaint for improper dismissal is satisfied that (

a) the employee was dismissed from the employment of the employer for good and sufficient cause, and (

b) wages are due to the employee, he may order the employer to pay to the employee the amount of the wages found to be due, not exceeding six months' wages or one thousand dollars, whichever is the lesser, together with the costs of prosecution. 10.

(1) The justice before whom any complaint is made under this Ordinance, upon being satisfied that the com­ plainant is unable, by reason of lack of funds or otherwise, to pay the costs of the proceedings in connection with the complaint, may dispence with the payment of such costs or extend the time for their payment until after the deter­ mination of the proceedings.

(2) Where the payment of costs has been dispensed with or postponed under this

section and an order is made in favour of the complainant, such costs, including any other costs allowed to the complainant, shall be included in the amount ordered to be paid by the employer. 11.

(1) If upon the hearing of a complaint under

section 8 it is proven to the satisfaction of the justice that the employer would be entitled, in a civil action, to a claim by way of set-off or counterclaim, he shall deduct from any wages or other amount found to be due to the employee, the amount that in the opinion of the justice the employer would be entitled to by the set-off or counterclaim.

(2) If the amount, as established pursuant to subsection (1), that the employer would be entitled to by the set-off or counterclaim is equal to or greater than the amount determined to be due to the employee, the justice shall dismiss the complaint. 7 GHAP. 2 :Mnximulll awnrd. Order where dismi •• Bl justified. Dlspen.ing with COflt.S on commence­ ment of proseclltion. Adding ot amount to judgment. Set·off or countercloim by employer. Dismis8Bl ot complaint if set·olr or counterclaim greater.

CHAP. '2 Time for payment of order. ' Security on postponement of paymenLs. Enforcement of order of justice. "'here several clBim. No imprisonment for non­ obedience. Filing of justice's order in Territorial Conrt. Effect of filing. Enforce· ment in one court at B Lime only. WAGES RECOVERY 12.

(1) Unless the employer satisfies the justice under oath that he is unable to pay the full amount ordered to be paid forthwith and intends to pay the same within a specified time, the order of the justice shall direct payment of the amount ordered to be paid by the employer to be made forthwith.

(2) Where a justice does not order payment by an employer to be made forthwith pursuant to subsection (1), he may order such security as he deems adequate to be given as a condition of the postponement of such payment. 13.

(1) In case of non-payment of any amount ordered to be paid pursuant to this Ordinance the justice may, on application of the employee in whose favour an order has been made, issue a warrant for the distress and sale of any goods and chattels of the employer not exempted from seizure under the Exemptions Ordinance.

(2) Where the justice determines in one day the com­ plaints of more than one employee of the same employer and amounts are ordered to be paid by the employer to more than one such employee, the justice may issue one distress warrant covering all the amounts ordered to be paid to such employees and in the event of realization thereof the employees shall share in the proportion their claims ordered to be paid bear to the total of all such claims included therein.

(3) The provisions of the C1·iminal Code for enforcing an order requiring payment of a sum of money do not apply to proceedings under this Ordinance. 14.

(1) An employee in whose favour an order is made under this Ordinance for a sum in excess of twenty-five dollars may file a copy of the order, signed by the justice making it, in the office of the Clerk of the Territorial Court.

(2) Upon the filing in the Territorial Court of an order for payment referred to in subsection (1) it shall become an order of such Court and may be enforced in the same manner as a judgment or order of the Court for the recovery of a debt in the amount specified in the order.

(3) Until a justice's 'distress warrant issued under

section 13 has been returned showing the amount realized 8

WAGES RECOVERY thereunder, no further proceedings shall be taken by an employee on the order for payment filed in the Territorial Court. 15.

(1) In the case of the death, illness, absence or resigna­ tion of the justice who has heard and determined a com­ plaint under this Ordinance and made an order in favour of an employee for the payment of any money, any other justice, if satisfied of the fact of the order, may issue a certified copy of the order making all necessary changes therein.

(2) A certified copy of an order made under sub­ section (1) has the same force and effect as if made by the justice who heard and determined the information and made the order. APPEALS. 16.

(1) Subject to subsection (2), no appeal lies from an order of a justice made this Ordinance.

(2) Where an order of a justice discharges an employee from his employment or orders the payment of an amount not less than one hundred dollars exclusive of costs, an appeal lies to a judge of the Territorial Court.

(3) The procedure on an appeal shall be by way of a new trial. 17.

(1) Every person appealing from an order of a justice as described in subsection (2) of

section 16 shall notify in writing the justice making the order, within fifteen days after the making of the order, of his intention to appeal.

(2) On receiving notification of intention to appeal, the justice shall advise the respondent in writing as soon as possible of the appellant's intention to appeal and shall forward to the Clerk of the Territorial Court a copy of the order being appealed.

(3) Where in the opInIOn of the judge to whom the appeal is taken extenuating circumstances exist, the time for giving the notice of intention to appeal may, on ex parte application, be extended for such period as to the judge seems fair and just. 9 CHAP. 2 Copy of order where justice has died. etc. Effective cOPT· Appeal. Cases where allowed. Appeal to be De\V trial. Time of appeal. Action of justice on appeal. Extension of time for appeal.

CHAP. 2 Justice to notify .. ppel· I .. nt of service. Time for hearing .. ppeal. WAGES' RECOVERY

(4) The jus~ice whose order is appealed from shall notify the appellant when service' of the notice of intention' to appeal has been made on the respondent. 18.

(1) An appeal from an order of a justiCe 'shall be hear~ at the first sitting of the Territorial Court· held in the area wherein the cause of complaint arose, next following twenty· days after serviee of the notice of intention to appeal upon the respondent. When nppe .. ) to net n8

(2) An appeal shall operate as a stay of proceedings only in respect of the amount by w.hich the award exceeds : " two hundred dollars . stny of ('.ro· ceedings. Power oC "ppe .. ) court. Civil remedy preserved. Limitation oC actioDs. C .. )cu) .. tion of wages ,vhere not agreed upon. Agreement to deprive employees of benefits of Ordinance void. .

(3) Upon hearing the appeal the judge may confirm, vary or reverse the decision of the justice or make such other order in the matter as he deems fit and just. MISCELLANEOUS. 19. Except in so far as a complaint made under this Ordinance has been determined by any order made here­ under, 'nothing in this Ordinance shaH be held to affect' any civil or other remedy :for therecovery of wages or damages by an employee from his ,employer or for the recovery of damages by an employer from his employee. . 20.

No proceedings shall be instituted under this O,rdin~, ance unless brought within one year after the period of service or employm~nt has ceased or been terminated,Qr within' six months after the last instalment of wages under the agreement of hiring. or contracting of services has pe-' come due, whiche:ver date may, be the later. 21. Where no specific rate of wages has been expressly agreed upon by the parties, the justice may order payment of wages. according to the rate that appears to him to be' fair and reasonable, havirig regard to the current rate of wages being paid for similar work in the district. 22.

Every term of a contract or agreement, whether 'oral or written, expressed or implied, whereby it'is agreed that this Ordinance 'shall not apply, or that the remedies hereby provided shall not be available for the benefit of any person entering into such contract or agreement, is void. : 10

WAGES RECOVERY 23.

(1) Subject to subsection (2), the fees and allowance set forth in the Criminal Code in proceedings before sum­ mary conviction courts and justices and no others are the fees and allowances that may be allowed as costs in proceed­ ings before a justice under this Ordinance.

(2) The costs of proceedings before a justice under this Ordinance shall include, where applicable, such amounts as the justice may allow for solicitor's fees but not exceeding (

a) twenty-five dollars, where the amount awarded is two hundred dollars or under; (

b) fifty dollars, where the amount awarded is over two hundred dollars and under five hundred dollars; and (

c) seventy-five dollars, where the amount awarded is five hundred dollars or over. 24. The Maste1's and Se'rvants Ordinance is repealed. 11 CHAP. 2 Fees BDd OllowoDces. Solicitor's fees. Repeal.

CHAP. 3 Shor' title. FAIR PRACTICES

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) AN ORINDANCE TO PREVENT DISCRIMINATION IN REGARD TO ACCOMMODATION AND EMPLOYMENT AND IN REGARD TO MEMBERSHIP IN TRADE UNIONS BY REASON OF RACE, RELIGION, RELIGIOUS CREED, COLOUR, ANCESTRY, OR ETHNIC OR NATIONAL ORIGIN (Assented to November 22nd, 1963) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. This Ordinance may be cited as the Fair Practices Ordinance.

Definitions. 2.

In this Ordinance, "Employee." UEmployer." tlEmp]oyers' orgaDization." "Employment agency." "Trade unioD. 1I (a) "employee" means any person who is in receipt of, or entitled to, compensation for labour or services performed for another, but dOes not include an independent contractor; (b) "employer" means a person, firm, corporation, agent, manager, representative, contractor, sub­ contractor, or principal, having control or direc­ tion of, or responsible, directly or indirectly, for the employment of an employee; (c) "employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and employees; (d) "employment agency" includes a person who undertakes, with or without compensation, to pro­ cure employment for persons; (e) ;'trade union" means any organization of employees formed for the purpose of regulating relations be­ tween employers and employees. 12

FAIR PRACTICES 3.

(1) No employer shall refuse to employ, or to continue to employ, a person or adversely discriminate in any term or condition of employment of such person, because of the race, religion, religious creed, colour, ancestry, or ethnic or national origin of such person.

(2) No person shall require an applicant for employ­ ment to complete a form of application for employment that requires the applicant to give particulars as to his race, religion, reglious creed, colour, ancestry, or ethnic or national origion.

(3) No trade union shall exc1ude any person from full membership, or expel or suspend or otherwise discriminate against any of its members, or discriminate against any person in regard to his employment by any employer, be­ cause of the race, religion, religious creed, colour, ancestry, or ethnic or national origin of that person.

(4) No employer or trade union shall discharge, expel or otherwise discriminate against any person because he has made a complaint or given evidence or assisted in any way in respect of the initiation or prosecution of a com­ plaint or other proceeding under this Ordinance. 4.

(1) No person shall, because of the race, religion religious creed, colour, ancestry, or ethnic or national origin of any person, deny to that person the accommodation, services or facilities available in any place to which the public is customarily admitted.

(2) No person, directly or indirectly, alone or with another, by himself or by the interposition of another, shall (

a) deny to any person or class of persons occupancy of any apartment in any building that contains more than six self-contained dwelling units, or (

b) discriminate against any person or class of persons with respect to any term or condition of occupancy of any apartment in any building that contains more than six self-contained dwelling units, because of the race, creed, colour, nationality, ancestry or place of origin of such person or class of persons. 13 CHAP. 3 Employers not to lIiscrlmlaate. Discrimin· atory application forms. Membershlp in trade unions. Discharge, el:pulsloD, etc. Discrimin· atlon prohibited.

CHAP. 3 Publication of discrimin­ ator), .ign. prohibited. Complaint. Officer appointed to hear eomptnint. Recommen­ dation. of officer to Commissioncl" . CIRrifica· tion. of recomend· dotions. Cop), of recommend· utiODS to perSODS Rffected. FAIR PRACTICES 5. No person shall (

a) publis.h or display or cause to be published or dis­ played, or (

b) permit to be (

i) published in a newspaper that he controls, or (ii) displayed on lands or premises that he con­ trols, any notice, sign, symbol, emblem or other representation indicating discrimination, or an intention to discriminate, against any person or any class of persons in respect of the accommodation, services or facilities to which

section 4 applies, or in respect of employment or prospective employ­ ment, because of the race, religion, religious creed, colour, ancestry, or ethnic or national origin of that person or class of persons. 6.

(1) Any person claiming to be aggrieved because of an alleged violation of any provision of this Ordinance may make a complaint in writing to the officer appointed by the Commissioner to inquire into complaints made under this Ordinance.

(2) The Commissioner may appoint an officer to in­ quire into any complaint made under subsection (1), and such officer shall give full opportunity to all parties to present evidence and make representations and shall en­ deavour to effect settlement of the matters complained of.

(3) In case a settlement of a complaint is not effected, if the officer finds that the complaint is supported by evidence, he shall recommend to the Commissioner the course that ought to be taken with respect to the complaint.

(4) After the officer has made his recommendations, the Commissioner may direct him to clarify or amplify his recommendations; and they shall be deemed not to have been received by the Commissioner until they have been so clarified or amplified.

(5) Upon receipt of the recommendations of the officer, the Commissioner shall furnish a copy thereof to each of the persons affected and shall publish them, if he deems it advisable, in such manner as he sees fit. 14

FAIR PRACTICES

(6) The Commissioner may issue whatever order he deems necessary to carry into effect the recommendations of the officer, including ordering reinstatement of an em­ ployee with or without compensation for loss of employment and such order shall be personally served upon the persons affected thereby. CHAP. 3 Order of Commissioner. 7.

(1) Any person affected by an order of the Commis- ,A1>1>e1l1. sioner may, at any time within ten days after personal service of the order upon him, appeal against the order to a judge of the Territorial Court by way of originating notice of motion to vary or set aside the order.

(2) The appellant shall, not less than ten days before the date for the hearing of the appeal stated in the originat­ ing notice of motion, serve on the complainant and on the Commissioner a copy of the originating notice of motion.

(3) The judge of the Territorial Court may hear the appeal on the day and at the time stated in the originating notice of motion or may adjourn the hearing for such time as he deems fit, and may direct notice thereof to be served on such other persons as he deems advisable; and the hearing thereof shall be a trial de novo and the decision of the judge shall be conclusive and not subject to further appeal.

(4) Every person in respect of whom an order is made pursuant to subsection (6) of

section 6 shall comply therewith, unless he appeals therefrom as herein provided; in which event, unless it is set aside, he shall comply with the order as affirmed or as varied on the appeal. 8.

(1) Every person who violates a provision of this Ordinance is guilty of an offence and liable on

summary conviction (

a) if an individual, to a fine of one hundred dollars and in default of payment, to imprisonment for a period not exceeding three months, and (

b) if a corporation, trade union, employers' organiz­ ation or employment agency, to a fine not exceed­ ing five hundred dollars. Ser,"icc of notice. Hearing of DIlPcalnlld effcct of decision. COIllplinnco with order. OffenceB.

(2) Where a fine that is imposed upon a corporation Jdem. under subsection (1) is not paid as directed, the prosecutor 15

CHAP. 3 Payment to employee nnd relnBtate· meDt. Prosecntion of emploY~I·.· organlzDtlon or trado union. JnjuncLion proceed log •. Idem. Consent to prosecution. F'.AIR PRACTICE~ may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in the Territorial Court and that judgment is enforceable against the corpora­ tion in the same manner as if it were a judgment rendered against the corporation in that Court in civil proceedings. 9. Where an employer is convicted for violation of

section 3 by reason of his having suspended, transferred, laid off, . or discharged an employee contrary to this Ordinance, the convicting judge or magistrate, in addition to any other penalty, may order the employer to' pay to the employee compensation for loss of employment not exceeding such sum as, in the opinion of the judge or magistrate, as the case may be, is equivalent to the wages, salary or remuner­ ation that would have accrued to the employee up to the date of conviction but for the suspension, transfer, lay-off or discharge; and may order the employer to reinstate the employee in his employ at such date as, in the opinion of the judge or magistrate, is just and proper in the circum­ stances, in the position the employee would have held but for the suspension, transfer, lay-off or discharge. 10.

A prosecution for an offence under this Ordinance may be brought against an employers' organization or trade union; and for the purpose of such a prosecution an em­ ployers' organization or trade union shall be deemed to be a person, and any act or thing done or omitted by an officer or agent of an employers' organization or trade union, within the scope of his authority to act on behalf of the organization or trade union, shall be deemed to be

an act or thing done or omitted by the employers' organization . or trade union. 11.

(1) Where a person has been convicted of a violation of this Ordinance, the Commissioner may apply, by way of originating notice, to a judge of the Territorial Court for an order enjoining that person from continuing the viola­ tion and the judge, in his discretion, may make . such an order.

(2) Any order made by a judge of the Territorial Court pursuant to subsection (1) may be enforced in the same manned as any other order or judgment of that Court. 12. No prosecution for an offence under this Ordinance shall be instituted without the consent in writing of the Commissioner. 16

FAIR PRACTICES 13.

(1) This Ordinance does not apply to employment of persons (a)· in domestic service in a private home; (

b) in any exclusively charitable, philanthropic, edu­ cational, fraternal, religious, or social organiz­ atiop or corporation that is not operated for private profit; (

c) in any organization that is operated primarily to foster the welfare of a religious or racial group and that is not operated for private profit; or (

d) where the employer employs fewer than five em­ ployees.

(2) Nothing in this Ordinance deprives any school or board of trustees thereof of the right to employ persons of any particular regligion or religious creed where religious instruction forms or can form the whole or part of the instruction or training provided by such school or board of trustees pursuant to the provisions of the School Ordinance.

(3) Nothing in this Ordinance deprives any employer of the right to employ persons of any particular race, religion, religious creed, colour, ancestry, or ethnic or national origin in preference to other persons where such preference is based upon a bona fide occupational qualifica­ tion. 17 CHAP. 3 Where Ordinance not applic· able. ldclII. Idem.

CHAP. 4

Short title. Commissioner may execute agreement. Amendment of ngreement. Commissioner may imple· ment agreement. MA YO SEAPLANE BASE AGREEMENT -"

CHAPTER 4 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) AN ORDINANCE TO AUTHORIZE THE COMMIS­ SIONER OF THE YUKON TERRITORY TO ENTER INTO AND EXECUTE AN AGREEMENT WITH THE GOVERNMENT OF CANADA RESPECTING THE SEAPLANE BASE AT MAYO AIRPORT (Assented to November 22nd, 1969) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enact as follows: 1. This Ordinance may be cited as the Mayo Seaplane Base Agreement Ordinance. 2.

The Commissioner may, on behalf of the Government of the Yukon Territory, enter into an agreement with the Government of Canada, under and for the purposes of the Ten'itorial Lands Act to provide for the acceptance from the Government of Canada of the seaplane base at Mayo Airport at Mayo in the Yukon Territory and for the use and maintenance of the same upon such terms and condi­ tions as may be contained in the agreement. 3. Any agreement made under this Ordinance may be amended (

a) with respect to the provisions of the agreement in respect of which a method of amendment is set out in the agreement, by that method; or (

b) with respect to any other provision of the agree­ ment, by the mutual consent of the parties thereto. 4. The Commissioner is authorized to do every act and exercise every power for the purpose of implementing every obligation assumed by the Government of the Yukon Territory under the agreement made under this Ordinance. 18

INSURANCE

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) AN ORDINANCE TO AMEND THE INSURANCE ORDINANCE (Assented to November 22nd, 1968) CHAP. 5 The Commissioner of the Yukon Territory, by and with R.O.Y.T. the advice and consent of the Council of the said Territory, ~~~~'(~·:t~~.4 enacts as follows: 1. The Insu1'ance Ordinance is amended by adding thereto, immediately after

section 131 thereof, the following section: "131A.

(1) A person insured under a policy of nuclear energy hazard liability insurance issued by a group of insurers against loss or damage resulting from bodily injury to, or the death of, any person or against loss of or damage to property arising directly or indirectly from a nuclear energy hazard may, with respect to any such loss or damage and whether named in that policy or not, recover under that policy (if it is in force at the time of the event giving rise to that loss or damage) in the same manner and to the same extent as the in­ sured and for that purpose shall be deemed to be a party to the contract and to have given consideration therefor.

(2) Subject to subsection (4), where a person is insured (

a) under a policy of automobile insurance against loss or damage resulting from bodily injury to, or the death of, any person or against loss of or damage to property arising directly or indirectly from a nuclear energy hazard, and (

b) under a policy of nuclear hazard liability insurance described in subsection (1), the insurer under the policy of automobile insurance is liable to indemnify the insured, whether named in those 19 Nuclear energy hazard liability insurance. Liability for nuclear energy hazard.

CHAP. 5 "Nuclear energy haza.rd" defined. When pnlicy deemed In force.

Section not to apply. INSURANCE policies or not, only for such liability as is imposed by law on the insured and that is in excess of the limits of liability under the nuclear energy hazard liability policy but that does not exceed the minimum limits prescribed by

section 132.

(3) For the purpose of this section, (a) "nuclear energy hazard" means the radio­ active, toxic, explosive or other hazardous properties of substances which are refer­ red to in the Atomic Energy Control Act as "prescribed substances" , and (

b) a policy of nuclear energy hazard liability insurance shall be deemed to be in force at the time of the event giving rise to the loss or damage, notwithstanding that the limits of liability thereunder have been exhausted.

(4) This

section does not apply to a policy of in­ surance unless the policy contains a statement that liability for loss or damage resulting from a nuclear energy hazard is limited by this

section if the insured is also covered by nuclear energy hazard liability in­ surance." 20

CORPORATION SECURITIES REGISTRATION

CHAPTER 6 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) AN ORDINANCE TO AMEND THE CORPORATION SECURITIES REGISTRATION ORDINANCE (Assented to November 22nd, 1963) CHAP. 6 The Commissioner of the Yukon Territory, by and with e.3. the advice and consent of the Council of the said Territory, ?9!l(lst) enacts as follows:

Section 13 of the Corporation Securities Registration Ordinance is repealed and the following substituted there­ for: "13. The Commissioner from time to time may, by order, appoint such person or persons as he thinks proper to act as Registrar of Corporation Securities or Deputy Registrar of Corporation Securities." 21

CHAP.· 7 R.O.Y.T. 1958, c.73. Temporary permits. MEDICAL PROFESSION· CHApTER·7 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) . AN ORDINANCE TO AMEND THE ·MEDICAL PROFESSION ORDINANCE: (Assented to November 22nd, 1963) The· Commissioner of the Yukon Territory, by and ·with the advice and consent of the Council of the said Territory, enacts as follows: 1. Paragraph (

b) of subsection (1) of

section 4 of the M edical Profession Ordinance is repealed and the fo11.ow­ ing substituted therefor: "(

b) produces to the Commissioner a certificate under the hand of the Registrar of the Medical Council of Canada 'showing that his name is registered in the Canadian Medical Register under the provisions of the Canada Medical Act, and satis­ fies the Commissioner that he is the person named in the certificate and that he is a suitable person". 2. The said Ordinance is further amended by adding thereto, immediately after

section 7 thereof, the following section: "7 A.

(1) The Commissioner may after consultation with the Y.M.A. issue a permit to practise medi­ cine in such parts of the Territory upon payment of such fees and upon such terms and conditions as the Commissioner may specify in the permit to any person who (

a) has completed at least a four years' course of study in medicine or sllrgery or both at a school of medicine or surgery of recognized standing and has received a diploma or certificate of qualification from such school, and 22

(

b) MEDICAL PROFEssioN satisfies -Ule Commissioner that he is the person to whom the diploma or certificate .. ,wa~ issued, is· of, good<;h~racter; apd is qualified from the standpoint of his profes­ sional profi~i~ncy to practise as a medical practitioner, .physician·- or surgeop.. • . . I I I.' • " ~ : !

(2) A permit issued under this

section may be for such period of time as, the Commissioner may specify in the permit and may after consultation with the Y.M.A. be renewed. by the Commissioner from time to time, ,b1:lt no person shall be permitted to .practice medicine pursuant to this

section for more than four years. .. (3). A person who holds il permit issued under this se.ction shall, when practising medi~ine. pursuant to this section, be deemed to·be th~ holder of a licence." , Duration of permit. Holder of permit deemed holder of licence.

CHAP. 8 R.O.Y.T. 1958, c.7. AREA DEVELOPMENT

CHAPTER 8 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) AN ORDINANCE TO AMEND THE AREA DEVELOPMENT ORDINANCE (Assented to November 22nd, 1963) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory enacts as follows:

Section 4 of the Area Development Ordinance is amend­ ed by striking out the word "and" at the end of paragraph (

e) thereof, by adding the word "and" at the end of para­ graph (

f) thereof, and by adding the following paragraph thereto: "(

g) the regulation or the prohibition of the discharge of guns or other firearms within a development area." 24

MOTOR VEHICLES

CHAPTER 9 ORDINANCES OF THE YUKON TERRITORY 1963 (Second Session) AN ORDINANCE TO AMEND THE MOTOR VEHICLES ORDINANCE (Assented to November 22nd, 1963) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 8 of th Motor Vehicles Ordinance is amend by adding thereto the following subsection: ..

(7) A certificate of the Commissioner stating that the person named therein has not taken out or main­ tained in force a policy of a motor vehicle liability insurance as required by subsection (1) is admissible in evidence in a prosecution of such person for a viola­ tion of that subsection, and is prima facie proof of the statement contained in the certificate." 2. Subsections (2) and (3) of

section 25 of the said Ordinance are repealed and the following substituted therefor: .. (2) Subsection (1) does not apply to a person who does not reside or carry on business in the Territory for more than ninety consecutive days in each year if he holds a chauffeur's licence or operator's licence issued to him by his province, state or country of residence. (3) Subsection (1) does not apply to a person who is fifteen years of age or over and is learning to operate a motor vehicle where he is accompanied by a person who holds a chauffeur's licence or operator's licence and who sits beside the person learning to operate the vehicle for the purpose of teaching him to operate it." 3.

The said Ordinance is further amended by the following amendment to

Schedule A thereto: . 25 CHAP. 9 R.O.Y.T. 1958 c.77 1960 (ard) c.3 1981 (1st) c.5 1981 (2nd) c.7 1962 (1st) c.21 1962 (5th) c.8 Exemption for non- residents. Exemption for learners.

CHAP. 9 MOTOR V~HICLES (

a) Paragraphs (a) ~nd (

c) of

section 1 are repealed and the following substituted therefor; :<

a) Trucks or truck tractors, with a load or haul- ing capacity of . . Oct.1 Jan. 1 Full Fee Sep. 31 Mar. 31 (i) 2,000 Ibs. or less __________ $15.00 (ii) 2,0011bs to 6,000Ibs. __ 30.00 (iii) 6,001Ibs. to 10,000 Ibs. 50.00 (iv) Over 10,00