Yukon Ordinances, 1968 — Ordinance respecting Authorize the Commissioner of the Yukon Territory

Yukon Ord. 1968

Yukon — Historical Statutes

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1967 SECOND SESSION AND IN THE YEAR IN THE YEAR 1968 1968 FIRST SESSION SECOND SESSION J. SMITH COMMISSIONER Printed and Published for the Government of Yukon Territory under Authority of

Chapter 93 of the Consolidated Ordinances of 1958 BY H. J. TAYLOR, Queen's Printer

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1967 SECOND SESSION

Chap. 1. 2. 3. 4. 5. 6. 1. 8. 9. 10. 11. 12. 13. 14. 15. 16. 11. 1. 2. 3. 1. 2. 3. 4. 5. 6. 1. 8. 9. 10. 11. 12. 13.

INDEX 1961 (SECOND SESSION) Name An ordinance to Authorize the Commissioner of the Yukon Territory to Enter into Agreements with the Minister of Manpower and Immigration Respecting the Occupational Training of Ad ults __________ . _______ 0 ________________________________________________ _ An Ordinance to Provide for the Registration of Brands to be impressed upon Stock _______________________________________________________ _ An Ordinance to Adopt a Flag for the Yukon Territory An Ordinance to Provide for the Central Filing and Publication of Regulations ________________________________________________________ _ An Ordinance to Provide for the Granting of Assistance to Persons in Need _________________________________________________________________________ _ An Ordinance to Amend the Evidence Ordinance _____________ _ An Ordinance to Amend the Fire Prevention Ordinance _____ _ An Ordinance to Amend the

Interpretation Ordinance ______ _ An Ordinance to Amend the Legal Profession Ordinance An Ordinance to Amend the Liquor Ordinance _______________________ _ An Ordinance to Amend the Loeal Improvement Distriet Ordinance __________________________ .. _____ . __ . ___ . _____________________________ _ An Ordinanee to Amend the Motor Vehieles Ordinanee ____ _ An Ordinance to Amend the Motor Vehieles Ordinanee _. ___ _ An Ordinance to Amend the Municipal Ordinance _. __________ ._ An Ordinance to Amend the School Ordinance ____________ ._. ____ 0 __ •• An Ordinance to Amend the Taxation Ordinance ______________ _ An Ordinance to Authorize the Commissioner to Borrow a Sum not Exceeding One Hundred Thousand Dollars from the Government of Canada and to Authorize the Com- missioner to Enter into an Agreement Relating Thereto . ____ _ 1968 (FIRST SESSION) An Ordinance to Amend the Fuel Oil Tax Ordinanee ___ _ An Ordinanee to Amend the Liquor Ordinanee _____________ _ An Ordinanee to Amend the Motor Vehieles Ordinanee ____ _ 1968 (SECOND SESSION) An Ordinanee to Provide for Labour Standards in the Yukon Territory _________________________________ . _________________________________ . ___ . __ _ An Ordinanee to Modify the Rule Against Perpetuities __ An Ordinanee to Amend the E:videnee Ordinanee ____________ _ An Ordinance to Amend the Finaneial Agreement Ordinanee, 1961 __________________ . ____________ ._. _____________________________ . _______ _ An Ordinanee to Amend the Fur Export Ordinanee _____ . __ _ An Ordinance to Amend the Judieature Ordinance ___________ ._ An Ordinance to Amend the Jury Ordinance .. _______ . ____ _ An Ordinance to Amend the Liquor Ordinance _________ _ An Ordinance to Amend the Mining Safety Ordinance __ _ An Ordinance to Amend the Motor Vehicles Ordinance _. _____ _ An Ordinance to Amend the Police Magistrate's Courts Ordinance ___________________________________________________ . _______ . _________________ _ An Ordinance to Amend an Ordinance to Close Certain Portions of Fifth A venue and Lambert and Elliott Streets, in the Townsite of Whitehorse, from use as Streets by the Public being

Chapter 9 of the Ordinances of the Yukon Territory, 1906 _________________ . ___ . ________________________ . ____ . ___ . _____ . _____ _ Table of Public Ordinances _. _____ . _____ . _________ . __ ... ____ . __ . __________________ _ Page 1 4 12 14 18 23 24 25 26 28 29 30 33 35 36 31 41 45 41 48 55 15 84 86 81 88 89 90 91 93 94 96 98

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE Y'UKON COUNCIL IN THE YEAR 1968 FIRST SESSION

FuEL OIL TAX

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1968 (First Session) AN ORDINANCE TO AMEND THE FUEL OIL TAX ORDINANCE (Assented to January 29rd, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. Subsections (1), (2), (3), (3a) and (4) of

section 3 of the Fuel Oil Tax Ordinance are repealed and the following substituted therefor: "3.

(1) Subject to subsections (3), (4) and (5) every purchaser shall, at the time of purchase or receipt of delivery of fuel oil, pay to the vendor for remission to the Territorial Treasurer a tax of eleven cents per imperial gallon.

(2) Subject to subsections (3), (4) and (5) every vendor and every importer shall, with respect to fuel oil used or consumed by themselves, their agents or their employees, pay to the Territorial Treasurer in accordance with sections 4 and 5 a tax of eleven cents per imperial gallon.

(3) No tax is payable in respect of fuel oil that is used or to be used in stationery generators of electricity, to propel an aircraft, for heating, for lubricating, for laying or sprinkling on roads or streets, as cleaning fluids or solvents, or in the operation of farm tractors for farming purposes, if (

a) the purchaser of the fuel oil at the time of its purchase or receipt of delivery furnishes to the vendor a certificate, in prescribed form, to that effect; (

b) the vendor or the importer with respect to fuel oil used or consumed by himself, his agent or his employees submits a 45 CHAP. 1 O.Y.T. 1962 (1st) c.6; 1962 (5th) c.15 ; 1964 (2nd) c.6. Purchasers to pay tax. Vendors and importers to pay tax on self·consumed fusi. Exemptions.

CHAP. 1 EumptioDS Dot to apply to motor vehicles. Ibid. FUEL OIL TAX certificate, in prescribed form, to that effect in his returns under

section 4 or 5, respectively; or (

c) the vendor or the importer certifies on or before the tenth day of each month that to the best of his knowledge and belief the purchasers listed in a sched ule accompanying his certificate had purchased the fuel oil in question for a purpose which would have exempted it from tax if the purchaser had furnished a certificate under paragraph (a).

(4) No fuel oil exempted under subsection (3) shall be used to propel any motor vehicle on a highway as defined in the Motor Vehicles Ordinance.

(5) No tax payable in respect of fuel oil used or to be used by (

a) the Government of Canada; (

b) a municipality as defined in the Munici pal Ordinance; or (

c) a visiting force as defined in the Visit ing Forces (North Atlantic Treaty) Act, if the person who receives delivery of the fuel oil has been so authorized by such Government, municipality or force, and executes a certificate, in a prescribed form, to. that effect." 2. Subsection (

a) of

section 4 of the said Ordinance is repealed and the following substituted therefor: 46 "(

a) at the time of sale or delivery of fuel oil, levy and collect the tax thereon from the purchaser or, where the purchaser claims exemption ~or tax in accordance with subsection (3), (4) or (5) of

section 3, obtain the prescribed certificate in support of the exemption claimed."

LIQUOR

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1968 (First Session) AN ORDINANCE TO AMEND THE LIQUOR ORDINANCE (Assented to January 23rd, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. The whole of subsections (1) and (2) of

section 86 of the. Liquor Ordinance are repealed and the following substituted therefor: "86. ( 1) There shall be levied on all liquor purchased at a liquor store, a surcharge as follows: (

a) on each dozen bottles of beer, ten cents; (

b) on each bottle of table wine, twenty cents and on each bottle of fortified wine, forty-five cents; (

c) on each half-bottle of table wine, ten cents and on each half-bottle of fortif ied wine, twenty cents ; (

d) on each flask of spirits, twenty cents; and (

e) on each bottle of spirits, fifty cents; and (

f) on each Imperial gallon of draught beer, ten cents.

(2) Once each month the Superintendent shall give to the Territorial Treasurer a statement showing the type and number of bottles of liquor upon which surcharge was collected in respect of each liquor store during the next preceding month, and the Territorial Treasurer shall deposit the surcharge so collected to the credit of the Yukon Consolidated Revenue Fund." 47 CHAP. 2 R.O.Y.T. 1958, c.67 ; 1959 (1st) c.8; 1961 (2nd) c.8 ; 1962 (lat) c.1S; 1962 (5th) c.ll ; 1962 (5th) c.14; 1963 (lBt) c.9; 1963 (1st) c.12 ; 1964 (lBt) c.12 ; 1965 (lot) c.6; 1985 (2nd) c.3 ; 1966 (2nd) c.8. Surcharge.

CHAP. 3 MOTOR VEHICLES

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1968 (First Session) AN ORDINANCE TO AMEND THE MOTOR VEHICLES ORDINANCE (Assented to January 23rd, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of th'e said Territory, enacts as follows: 1.

Schedule "A" of the Motor Vehicles Ordinance is repealed and the following substituted therefor:

SCHEDULE "A" Tariff of Fees. Full Oct. 1 Jan. 1 Fee Dec. 31 Mar. 31 1. Registration fees for (

a) Trucks or truck-tractors, with a load or hauling capacity of (i) 2,000 Ibs. or less $20.00 $10.00 $ 5.00 (ii) 2,001Ibs. to 6,000 Ibs. 35.00 18.00 9.00 (iii) 6,001 Ibs. to 10,000Ibs. 55.00 28.00 14.00 (iv) Over 10,000 Ibs. 105.00 53.00 27.00 (

b) trailers, with a load capacity of (i) 2,000 Ibs. or less 3.00 1.50 1.00 (ii) over 2,000 Ibs. 10.00 5.00 2.50 48

MOTOR VEHICLES CHAP. 3 (

c) Motor vehicles or trailers owned and used by the Government of Canada or of the Territory or any municipality 1.00 (

d) Motorcycles, pedal cycles with motor attachments and track snow vehicles weigh- ing less than 1,000 pounds unladen 3.00 (

e) other motor vehicles with a wheel base of (

i) lOO" or less 15.00 8.00 4.00 (ii) Over 100" to 120" 20.00 10.00 5.00 (iii) Over 120" 25.00 13.00 7.00 2. Annual licence fees for (

a) public service vehicle trucks or truck-tractors, with a load or hauling capacity of (i) 2,000 lbs. or less 20.00 10.00 5.00 (ii) 2,001Ibs. to 6,000Ibs. 35.00 18.00 9.00 (iii) 6,001 lbs. to 10,000 lbs. 130.00 65.00 33.00 (iv) Over 10,000 lbs. (

a) with two axles 155.00 78.00 39.00 (

b) more than two axles 255.00 130.00 65.00 (

b) public service vehicle trucks or truck-tractors restricted to hauling goods through the Terri- toryonly (these vehicles to be issued a licence plate showing the letters F.T. rather than P.S.V.) with a load or hauling capacity of (i) 10,000 lbs. or less 105.00 53.00 27.00 (ii) Over 10,000 lbs. 205.00 103.00 52.00 49

CHAP. 3 MOTOR VEHICLES 3. 4. 5. (

c) public service vehicles (d) (e) (

i) used for carrying passengers for hire 55.00 (ii) in addition to the fee set out in subparagraph (

i) for each seating space in excess of fifteen 2.00 liveryman's licence 25.00 chauffeur's licence 5.00 (

f) operator's licence 2.00 Permit fees for (

a) an "In Transit" permit 1.00 (

b) permit issued for unloading or loading goods in the Territory or both purposes 100.00 (

c) a permit issued to trans- port goods through the Territory without loading or unloading within the Territory 50.00 (

d) a permit issued to trans- port passengers for hire 10.00 Fees for re-registration of motor vehicle or trailer 2.00 Assignment or transfer fees for (

a) motor vehicle or trailer registrations 2.00 (

b) public service vehicle licences 2.00 (

c) public service vehicle licence plates from one vehicle to another 2.00 (

d) liveryman's licence from one vehicle to another 2.00 50

MOTOR VEHICLES 6. Dealer's distinctive number plates 30.00 7. Fees for operator's or chauffeur's examination 2.00 8. Fees for obtaining a duplicate operator's or chauffeur's licence pursuant to sub- section (2) of

section 34 1.00 CHAP. 3 51

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1968 SECOND SESSION

LABOUR STANDARDS ORDINANCE

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO PROVIDE FOR LABOUR STANDARDS IN THE YUKON TERRITORY (Assented to April 4th, 1968) 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. 1 1. This ordinance may be cited as the Labour Short Standards Ordinance. title.

INTERPRETATION. 2. In this Ordinance, DefiDitioD8. (a) "Advisory Board" means the Advisory "Advisory Board established under subsection (1) of Board."

section 47; (b) "collective agreement" means an agreement "Oollective in writing between an employer or an em- agreement." ployer's organization acting on behalf of an employer, on the one hand, and a trade union acting on behalf of the employees in collective bargaining or as a .party to an agreement with the employer or employer's organization, on the other hand, containing terms or conditions of employment of em- ployees including provisions with reference to rates of pay and hours of work; (c) "day" means any period of twenty-four con- "Day." secutive hours; (d) "employee" means a person employed to do UEmployee." skilled or unskilled manual, clerical, techni- cal, operational or administrative work; 55

CHAP. 1 "Employer." "Oeneral holiday." "IDdustrial establish· ment." "Member of a family." ··Overt.ime,lt ··Shop." "Standard hrs. of work." "Trade Union." ·"Vages." LABOUR STANDARDS ORDINANCE (e) "employer" means any person who employs one or more employees; (f) "general holiday" means New Year's Day, Good Friday, Victoria Day, Dominion Day, Discovery Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day and includes any day substituted for any such holiday pursuant to

section 25; (g) "industrial establishment" means any work, undertaking or business of a local or private nature in the Territory and includes a branch,

section or other division of such work, undertaking or business; (h) "member of a family" in respect of an em ployer means the employer's spouse, parent, grandparent, step-parent, child, grandchild, step-child, brother, sister, half-brother, half sister, and a person who stands in loco parentis to the employer or to whom the employer stands in loco parentis whether or not there is any degree of consanguinity between that person and the employer, and includes an illegitimate grandchild of the employer and the parents and grandparents of an employer who is an illegitimate child; (i) "overtime" means hours of work in excess of standard hours of work; (j) "shop" means a place or establishment where wholesale or retail trade is carried on or where services are dispersed to the public for profit; (k) "standard hours of work" means the hours of work described in subsection (1) or (2) of

section 5, as the case may be; (1) "trade union" means any organization of employees formed for purposes that include the regulation of relations between· employ ers and employees; (m) "wages" includes every form of remunera tion for work performed but does not in clude tips and other gratuities; and 56

LABOUR STANDARDS ORDINANCE CHAP. 1 (n) "week" means in relation to

Part I, the "Week." period between midnight on Saturday and midnight on the immediately following Saturday. 3. APPLICATION. This Ordinance applies (

a) to employment in or in connection with the operation of any industrial establishment; (

b) to and in respect of employees who are employed in or in connection with the opera tion of any industrial establishment; and (

c) to and in respect of the employers of em- ployees referred to in paragraph (b). 4.

(1) This Ordinance applies notwithstanding any other law or any custom, contract or arrangement, whether made before or after the commencement of this Ordinance, but nothing in this Ordinance shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to him than his rights or benefits under this Ordinance.

(2) Nothing in this Ordinance authorizes the doing of any work on Sunday that is prohibited by law.

PART I. HOURS OF WORK. s. (1) Subject to this Part, the working hours of an employee shall not exceed eight hours in a day and forty eight hours in a week.

(2) The working hours of an employee who is em ployed in a shop shall not exceed eight hours in a day and forty-four hours in a week.

(3) Subject to this Part, no employer shall cause or permit an employee to work in excess of the standard hours of work. Application of Ordinance. Saving more favourable benefits. Work on Sunday. Standard hour. of work. Standard hr •. of work in a shop. Excess hra. of work probiblted.

(4) This Part does not apply to Ezempt from (

a) employees who are members of the em-

Part I. ployer's family; 57

CHAP. 1 Disputes re application. Maximum hours of work. Maximum hours of work for certain employees. Oommissioner may increase standard hours. LABOUR STANDARDS ORDINANCE (

b) individuals who search for minerals; (

c) tra veIling salesmen; (

d) domestic servants; (

e) farm labourers; (

f) individuals whose duties are solely of a supervisory or managerial character; (

g) members or students of such professions as may be designated by the regulations as professions to which this Part does not apply; and (

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

(5) Where there is a dispute as to whether this Part applies in relation to any person or class of persons the matter shall be determined by the Labour Standards Officer. 6.

(1) An employee may be employed in excess of the standard hours of work but, subject to sections 11 and 12, the total hours that may be worked by any employee shall not exceed ten hours in any day and sixty hours in any week or such fewer number of hours as may be prescribed by the regulations as maximum working hours in the in dustrial establishment in respect of which he is employed.

(2) Notwithstanding subsection (1), a person re ferred to in subsection (2) of

section 5 may be employed in excess of the standard hours of work but, subject to sections 11 and 12, the total hours that may be worked by such person shall not exceed two hundred and sixty hours in any month.

(3) Where, in the opinion of the Advisory Board, the nature of the work performed in an industrial establish ment or in a class thereof is seasonal or intermittent in nature or requires that the standard hours of work be exceeded, the Commissioner, on the recommendation of the Advisory Board, shall order that the standard hours of work of any person or class thereof employed upon or in connection with that industrial establishment or class there of shall be increased. 58

LABOUR STANDARDS ORDINANCE CHAP. 1

(4) Before a recommendation is made to the Com- Oonslder· atlons of mission er under subsection (3), the Advisory Board shall Board. consider (

a) the nature of the industrial establishment or class thereof; (

b) the conditions of employment therein; and (

c) the welfare of the employees. 7. Where, in the opinion of the Commissioner after consultation with the Advisory Board, the nature of the work in an industrial establishment necessitates irregular distribution of an employee's hours of work, the standard hours of. work in a week may be averaged in respect of a period of two or more weeks, in such manner and in such circumstances as may be prescribed by the regulations. 8.

Except as may be otherwise prescribed by the regulations, standard hours of work in a week shall be so scheduled and actually worked that each employee has at least one full day of rest in the week, and, wherever practicable, Sunday shall be the normal day of rest in a week. AverDglng hODrs of work. Scheduling hODrs of work. 9.

(1) When an employee is required or permitted to Overtime work in excess of the standard hours of work, he shall be pay. paid for the overtime at a rate of wages not less than one and one-half times his regular rate.

(2) No employer shall require or permit an employee Overtime engaged in mining operations underground in a shaft or ::~!:~t:!~e tunnel to work or to be at his disposal for work in excess :~ees~ in of the standard hours of work. 10.

(1) The standard hours of work may be exceeded in cases of (

a) accident to machinery, equipment, plant or persons; (

b) urgent and essential work to be done to machinery, equipment or plant; or (

c) other unforseen or unpreventable circum stances, but only to the extent necessary to prevent serious interference with the ordin ary working of the industrial establishment affected. 59 Emergency work.

CHAP. 1 LABOUR STANDARDS ORDINANCE Reporting

(2) Where the standard hours of work have been additional work. exceeded under the authority of this section, the employer llinimum hourly wage. MiDimum OD other basi. than time. Public works. shall upon request report in writing to the Commissioner, within thirty days after the end of the month in which the standard hours were exceeded, stating the nature of the circumstances in which the standard hours were exceeded, the number of employees who worked in excess of the stan dard hours and the number of additional hours each of them worked.

PART 11. MINIMUM WAGES. 11.

(1) Subject to this Part, an employer shall pay to each employee seventeen years of age or over a wage at the rate of not less than one dollar and twenty-five cents an hour or not less than the equivalent of that rate for the time worked by him.

(2) Where the wages of an employee are computed and paid on a basis other than time or on a combined basis of time and some other basis, the Commissioner may, by order, (

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

b) fix a minimum rate of wage that in his opinion if the equivalent of the minimum rate set forth in subsection (1) ; and subject to this Part the employer shall pay to each employee who is paid on a basis other than time a wage at a rate not less than the minimum rate fixed by order under this subsection. 12. Where an employer has a contract for the per formance of a public work of the Territory, he shall pay his employees who are engaged on or in comiection with that public work not less than the prevailing wage rate applicable to the work performed by his employees as that rate is set out in an applicable

schedule of wage rates pre pared by the Director of Labour Standards, Department of Labour, pursuant to the Fair Wages and Hours of Labour Regulations. 60

LABOUR STANDARDS ORDINANCE 13. No employer shall employ a person under seven- teen years of age (

a) in such occupations as may be prescribed by regulations; (

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

c) contrary to such conditions as may be pre scribed. 14. The Commissioner may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the foregoing, may make regulations (

a) requiring employers to pay employees, who report for work at the call of the employer, wages for such minimum number of hours as may be prescribed whether or not the employee is called upon to perform any work after so reporting for work; (

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

c) fixing the maximum price to be charged for living quarters, either permanent or tempo rary, supplied by or on behalf of an employer to an employee, whether or not such quarters are self-contained and whether or not the employer retains general possession and custody thereof, and the maximum deduc tion to be made therefor from the wages of the employee by the employer; (

d) governing the charges or deductions for sup plying uniforms or other articles of wearing apparel that an employer may require an employee to wear or requiring an employer in any specified circumstances to supply, maintain or launder uniforms or other 61 CHAP. 1 Employees under 17 years of age. Regulations applicable to this Part.

CHAP. 1 DeftnlUon8, "VaeaUon pay," "Year of employment," Annual vaeat..ioD with pay LABOUR STANDARDS ORDINANCE articles of wearing apparel that he requires an employee to wear; (

e) governing the charges or deductions for supplying any tools or equipment that an employer may require an employee to use and for the maintenance and repair of any such tools or equipment; (

f) specifying the circumstances and occupa tions in which persons under seventeen years of age may be employed in any in dustrial establishment, fixing the conditions of such employment and prescribing the minimum wages for such employment; and (

g) exempting, upon such terms and conditions and for such periods as are considered ad visable, any employer from the application of

section 11 in respect of any class of employees who are being trained on the job, if the training facilities provided and used by the employer are adequate to provide a training program that will increase the skill or proficiency of an employee,

PART Ill. ANNUAL VACATIONS. 15. In this Part, (a) "vacation pay" means four per cent of the wages of an employee during a year of employment in respect of which he is en titled to a vacation; and (b) "year of employment" means continuous employment of an employee by one employer for a period of twelve consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter. 16.

(1) Subject to this Part, every employee is entitled to and shall be granted a vacation with vacation pay of at least two weeks in respect of every completed year of em ployment. 62

~OUR STANDARDS ORDINANCE

(2) For the purposes of this Part, a year of employ ment includes a year of employment begun before the com ing into force of this Part and completed after that date.

(3) Where an employee has completed a year of employment before the coming into force of this Part and has not been granted an annual vacation with vacation pay in respect thereof before that date, he shall be granted such annual vacation with vacation pay as he was entitled to under the Annual Vacations Ordinance. CHAP. 1 Year begun before com· men cement of th is Part. Year of employment under Almaal Vacations Ordinance.

(4) This Part does not apply to employees who are ~r~':J!~rt members of the employer's family. III. 17. The employer of an employee who under this Part has become entitled to a vacation with vacation pay (

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

b) shall, at least one day before the beginning of the vacation or at such earlier time as the regulations prescribe, pay to the employee the vacation pay to which he is entitled in respect of that vacation. 18. Vacation pay shall for all purposes be deemed to be wages. 19.

(1) Where, in the opinion of the Labour Standards Officer, there is a shortage of labour, an employer and an employee may enter into a written agreement whereby the employee will not take annual vacation to which he is en titled under

section 16 and the employer is not subject to the provisions of

section 17 with respect to that employee.

(2) Where an agreement referred to in subsection (1) is entered into, the employer shall, within ten months after the date on which the employee became entitled to an annual vacation, pay to the employee in addition to any other amount due to him, his vacation pay for the year immediately preceding the date on which he became entitled to the annual vacation. 63 Granting vacation with pay. Vacation pay. Agreement between employer and employee. Idem.

CHAP. 1 Geoeral holiday during ,'scatioD. Termination of employ· meot duriog year. Employmeot for 30 days required. Traosfer of iodustrial establish· ment. Regulatioos in re1o.tion to annual vacations. LABOUR STANDARDS ORDINANCE 20. Where a general holiday occurs during the vaca tion granted. to an employee pursuant to this Part, the vacation to which the employee is entitled under this Part shall be extended by one day, and the employer shall pay to the employee, in addition to the vacation pay, the wages to which the employee is entitled for that general holiday. 21.

(1) Where the employment of an employee by an employer is terminated before the completion of the em ployee's year of employment, the employer shall forthwith pay to the employee (

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

Part in respect of any prior completed year of employment; and (

b) four per cent of the wages of the employee during the completed portion of his year of employment.

(2) Notwithstanding paragraph (

b) of subsection (1), an employer is not required to pay an employee any amount under that paragraph unless the employee has been continuously employed by him for a period of thirty days or more. 22. Where any industrial establishment in or in connection with which an employee is employed is, by sale, lease, merger or otherwise, transferred from one employer to another employer, the employment of the employee by the two employers before and after the transfer of the industrial establishment shall, for the purposes of this Part, be deemed to be continuous with one employer, not withstanding the transfer. 23.

The Commissioner may make regulations for carrying out the purposes and provisions of this Part and, without restricting the generality of the 'foregoing, may make regulations (

a) defining the circumstances and conditions under which the rights of an employee under this Part may be waived or the enjoy ment thereof postponed; (

b) prescribing the notices to be given to em ployees of the times when vacations may be taken; 64

LABOUR STANDARDS ORDINANCE (

c) prescribing the time when vacation pay shall be paid; (

d) defining the absence from employment that shall be deemed not to have interrupted continuity of employment; (

e) for the calculation and determination of vacation and vacation pay in the case of seasonal or temporary employees or in other suitable cases; (

f) providing for the granting of vacation or payment of vacation pay in the event of temporary cessation of employment; and (

g) providing for the application of this Part where, owing to illness or other unavoidable absence, an employee has been absent from his employment.

PART IV. GENERAL HOLIDAYS. 24.

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

(2) Where a general holiday falls on a Sunday, the Monday immediately following shall be a holiday with pay. 25. Any other holiday may be substituted for a general holiday in any of the circumstances following: (

a) where a class of the employees of an em ployer is represented by a trade union and the parties to a collective agreement entered into with regard to the terms or conditions of employment of the employees notify the Labour Standards Officer in writing that a specified day has been designated in the collective agreement as a holiday with pay in lieu o'f a general holiday under this Part, such designated day shall, for those em ployees mentioned in the collective agree ment, be a general holiday for the purposes of this Ordinance; or 65 CHAP. 1 General holidays with pay. General holiday falling on Sunday. Substituted holidnys.

CHAP. 1 Weekly or monthly pay Dot to be reduced tor holiday. Pal at dadyor hourly rate. Pay OD other baeia. Additional pay (or holiday work. LABOUR STANDARDS ORDINANCE (

b) where no employees of an employer are represented by a trade union or where a class of employees is not provided for under a collective agreement with regard to gener al holidays, and the employer applies to the Labour Standards Officer to substitute an other designated holiday for any general holiday under this Part, the Labour Stan dards Officer may, if he is satisfied that a majority of the employees or a majority of the class of employees, as the case may be, who are not provided for under a collective agreement in regard to general holidays, concur with the application, approve the substitution of such designated holiday for the specified general holiday, and such designated day shall for those employees be a general holiday for the purposes of this Ordinance. 26.

(1) An employee whose wages are calculated on a weekly or monthly basis shall not have his weekly or month ly wages reduced for a week or month in which a general holiday occurs by reason only of his not working on the general holiday.

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

(3) An employee whose wages are calculated on any basis other than a basis referred to in subsection (1) or (2) shall, for a general holiday on which he does not work, be paid at least the equivalent of his daily wages, based upon the average of his daily wages, exclusive of overtime, or bonus for the week in which such general holiday occurs. 27. Subject to

section 31, an employee who is requir ed to work on a day in respect of which he is entitled under this Part to a holiday with pay shall be paid, in addition to his regular payment made in accordance with

section 26, at a rate at least equal to one and one-half times his regular rate of wages for the time worked by him on that day. 66

LABOUR STANDARDS ORDINANCE OHAP. 1 28. An employee who is not required to work on 'a One & one· • • half timea general hohday shall not be requIred to work on another regulllr '. day that would otherwise be a non-working day in the week ~~:e~~ in which that holiday occurs, unless he is paid at a rate at least equal to one and one-half times his regular rate of wages for the time worked by him on that day. 29. Pay granted to an employee in respect of a HolidllY general holiday on which he does not work shall for all pay, purposes be deemed to be wages. 30. No employee is entitled to be paid in respect of Where holidaY:{lIlY a general holiday on which he does not work not required, (

a) where he is not entitled to wages for at least fifteen days during the thirty calendar days immediately preceding the general holiday; (

b) where the general holiday occurs during the first thirty days of his employment by an employer; (

c) where he did not report for work on that day after having been called to work on that day; (

d) where, without the consent of his employer, he has not reported for work on either his last regular working day preceding or his first regular working day following the general holiday; or (

e) where during the four-week period immedi ately preceding the week in which the general holiday falls, excluding any period during which he has taken annual vacation pursuant to

Part Ill, he has not worked an average of twenty-four hours per week. 31. Where a person employed in or in relation to Onatodial work and custodial work or essential services as prescribed by regula- essential services. tions is required to on a day that is a holiday under this Part, he shall be granted a holiday with pay in accordance with

section 26 at some other time which may be added to his annual vacation or granted as a holiday with pay at a time convenient to him and his employer. 67

CHAP. 1 ),;mployer to post OrdinBnee. DRY. of pay. Idem. Labour Standard. Officer. Powers of Labour Standard. Officer. LABOUR STANDARDS ORDINANCE 32. For the purposes of this Part a person is deemed to be in the employment of another person when he is available at the call of such other person whether or not he is called upon to perform any work therefor.

PART V. ADMINISTRATION AND GENERAL. 33. Every employer shall post and keep posted in a conspicuous place on the premises occupied or used by his employees a copy of this Ordinance, the regulations and any orders made by the Commissioner. 34.

(1) Subject to subsection (2) every employee shall be paid by his employer no later than ten days after the expiration of each calendar month.

(2) Where the employment of an employee is termin ated at any time, that employee shall be paid forthwith. 35.

(1) The Commissioner shall appoint a Labour Stan- dards Officer to administer this Ordinance.

(2) The Labour Standards Officer may, for the pur purposes of enforcing this Ordinance or the regulations, (

a) inspect and examine all books, payrolls and other records of an employer that in any way relate to the wages, hours of work or conditions of employment affecting any employee; (

b) take extracts from or make copies of any entry in the books, payrolls and other records mentioned in paragraph (a); (

c) require any employer to make or supply full and correct statements, either orally or in writing in such form as may be required, respecting the wages paid to all or any of his employees, and the hours of work and conditions of their employment; and (

d) require an employee to make full disclosure, production and delivery to him of all records, documents, statements, writings, books, papers, extracts therefrom or copies thereof or of other information either verbal 68

LABOUR STANDARDS ORDINANCE or in writing that the employee has in his possession or under his control and that in any way relate to the wages, hours of work or conditions of his employment.

(3) The Labour Standards Officer may at any reason able time enter upon any place used in connection with any industrial establishment for the purpose of making an inspection authorized under subsection (2), and may, for such purpose, question any employee apart from his employer.

(4) The Labour Standards Officer shall be supplied by the Commissioner with a certificate of his authority and on entering any place used in connection with an industrial establishment shall, if so required, produce the certificate to the person in charge thereof.

(5) The person in charge of any industrial establish ment and every person employed therein or in connection, therewith shall give the Labour Standards Officer all reasonable assistance in his power to enable the Labour Standards Officer to carry out his duties under this Ordin ance and the regulations. 36. The Labour Standards Officer may administer all oaths and take and receive all affidavits and statutory declarations required under subsection (2) of

section 35 and certify to the administration of the taking thereof. 37.

(1) Where the Labour Standards Officer finds that an employer has failed to pay an employee (

a) the minimum wage prescribed under this Ordinance; (

b) any overtime pay to which the employee is entitled under this Ordinance, or; (

c) any vacation payor holiday pay to which the employee is entitled under this Ordin ance; the Labour Standards Officer may determine the difference between the wages actually paid to the employee and the wages to which the employee is entitled, and, if the amount of the difference is agreed to in writing by the employer and the employee, the employer shall, within five days 69 CHAP. 1 Right to enter premises. Certificate of authoriz ation. Duty to aBBist Labour Standards Officer_ Administer ing Oaths_ Where under payments found on inspection.

CHAP. 1 Consent required tor prosecutioD. Inspectors. Powers, dntles and tunctlons ot Inspectors. Intormation and returns. Notice to ~:rt..~atloll. Pay .tatement. LABOUR STANDARDS ORDINANCE after the date of the agreement, pay that amount to the Commissioner who shall pay it over to the employee forth with upon the receipt thereof by him.

(2) No prosecution 'for failure to pay an employee the full wages to which he was entitled under this Ordin ance shall without the written consent of the Commissioner, be instituted against an employer when he has made pay ment of any amount of difference in wages in accordance with subsection (1). 38.

(1) The Commissioner may designate any person as an inspector under this Ordinance.

(2) An inspector shall have such powers under this Ordinance and shall perform such functions and duties as the Commissioner may prescribe by regulation. INFORMATION AND RETURNS. 39.

(1) Every employer shall keep such records and supply such information relating to the wages of his em ployees, their hours of work, and the general holidays, annual vacations and conditions of work of his employees, and make such returns thereon from time to time, as the Commissioner may require.

(2) The Commissioner may require an employer to supply information referred to in subsection (1) by a notice to that effect served personally or sent by registered mail addressed to the last known address of the employer for whom the notice is intended and the employer shall supply the information within such reasonable time as is specified in the notice. 40.

(1) An employer shall, at the time of making any payment of wages to an employee, furnish to the employee a statement in writing setting out (

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

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

c) the rate of wages; (

d) details o'f the ·deductions made from the wages; and 70

LABOUR STANDARDS ORDINANCE (

e) the actual sum being received by the em ployee. CHAP. J

(2) The Commissioner may, by order, exempt any ElIemption. employer from any or all of the requirements of sub- section (1). 41. OFFENCES AND PENALTIES. A person who (

a) contravenes any provision of this Ordinance or the regulations,- or any order made there under; or (

b) discharges or threatens to discharge or otherwise discriminates against a person be cause that person (

i) has testified or is about to testify in any proceeding had or taken under this Ordinance, or (ii) has given any information to the Commissioner, the Labour Standards Officer or an inspector regarding the wages, hours of work, annual vacation or conditions of work of any employee in an industrial establishment, is guilty of an offence and is liable on

summary conviction to a fine not exceeding one thousand dollars. (Hfence8. 42. A complaint or information under this Ordin- Prooedure. ance may relate to one or more offences by one employer in respect of one or more of his employees. 43. Proceedings in respect of an offence under this Time limit Ordinance may be instituted at any time within one year after the time when the subject matter of the proceedings arose. 44.

(1) Where an employer has been convicted of an offence under this Ordinance in respect of any employee, the convicting court shall, in addition to any other penalty, order the employer to pay to the employee any overtime pay, vacation pay, holiday payor other wages to which the em- 71 Order to pay arrears of wages.

CHAP. 1 ReinBtnte· ment of pay and position. Refusal to comply with order. When ina.ccurate records kept. Identltr of complainants. LABOUR STANDARDS ORDINANCE ployee is entitled under this Ordinance the non-payment or insufficient payment of which constituted the offence for which the employer was convicted.

(2) Where an employer has been convicted of an offence under this Ordinance in respect of the discharge of an employee, the convicting court may, in addition to any other penalty, order the employer (

a) to pay compensation for loss of employment to the employee not exceeding such sum as in the opinion of the court is equivalent to the wages that would have accrued to the employee up to the date of conviction but for such discharge; and (

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

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

section is guilty of an offence and is liable on

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

(4) In determining the amount of wages or over time pay for the purposes of subsection (1), if the convict ing court finds that the employer has not kept accurate records as required by this Ordinance or the regulations, the employee affected shall be conclusively presumed to have been employed for the maximum number of hours a week allowed under this Ordinance or the number of hours de posed to by the employee whichever is the less and to be entitled to full wages therefor. 45.

Where a person who makes a complaint to the Commissioner or the Labour Standards Officer requests that his name and identity be withheld, his name and ident ity shall not be disclosed by the Commissioner, the Labour Standards Officer or their officials except where disclosure is necessary for the purposes of a prosecution or is con sidered by the Commissioner or the Labour Standards Officer to be in the public interest. 72

LABOUR STANDARDS ORDINANCE CHAP. 1 46. No civil remedy of an employee against his Civil remedy. employer for arrears of wages is suspended or affected by this Ordinance. ADVISORY BOARD. 47.

(1) The Commissioner shall establish an Advisory Board consisting of (

a) a Chairman; (

b) one member representative of the interests of employees; and (

c) one member representative of the interest of employers. AdviBory BOBrd.

(2) The Advisory Board shall perform the functions PowerB Bnd and duties given to it and shall advice the Commissioner ~~~:d.0f with respect to any matter that he wishes to refer to it. ORDER OF THE COMMISSIONER. 48. Where by this Ordinance or the regulations, the Orders. Commissioner is authorized to make any order in respect of any matter, the order may be made to apply generally or in particular cases, or to classes of employees or industrial establishments. REGULATIONS. 49.

The Commissioner may make such regulations RegulationB. as he deems necessary for carrying out the purposes and provisions of this Ordinance and, without restricting the generality of the foregoing, may make regulations (

a) requiring employers to keep records of wages, vacations, holidays and overtime of employees and of other particulars relevant to the purposes of this Ordinance or any part thereof, in such form as may be re quired; (

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

c) for calculating and determining wages re ceived by an employee in respect of his employment, including the monetary value 73

CHAP. 1 Repeal. Repeal. Repeal. Ooming into force. 50. ~OUR STANDARDS ORDINANCE of remuneration other than money and the regular rate of wages of employees who are not paid solely on a basis of time; (

d) prescribing the maximum number of hours that may elapse between the commencement and termination of the working day of any employee; . (

e) fixing the minimum period that an employer may allow his employee for meals, and the maximum period for which an employer may require or permit an employee to work or be at his disposal without a meal period inter vening; (

f) providing for the payment of any wages of an employee to the Commissioner or to some other person. in the event that the employee cannot be found or in any other case; (

g) prescribing custodial work and essential services for the purposes of

section 31; and (

h) prescribing the powers, functions and duties of an inspector designated pursuant to sub section (1) of

section 35; and (

i) for any other matter or purpose that under this Ordinance is required or permitted to be prescribed by regulation. The Labour Provisions Ordinance is repealed. 51. The Yukon Labour (Minimum Wages) Ordin- ance is repealed. 52. The Annual Vacations Ordinance is repealed. 53. This Ordinance shall come into force on a day to be fixed by order of the Commissioner. 74

PERPETUITIES ORDINANCE

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO MODIFY THE RULE AGAINST PERPETUITIES (Assented to April 4th, 1968) 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. 1. This Ordinance may be cited as the Perpetuities Ordinance. 2.

INTERPRETATION. In this Ordinance, (a) "court" means the Police Magistrate's Court or the Territorial Court; (b) "in being" means living or en ventre sa mere; (c) "limitation" includes any provision whereby property or any interest in property, is disposed of, created or conferred. CHAP. 2

Short title. Interpre· tation. 3. The rule of law lmown as the rule against Rule ag!,i~81 t 't' t' t h f 11 ff t t 'd d pel"lletu,t,ea perpe UI les con mues 0 ave u e ec excep as prOVI e to continue in this Ordinance, saving. 4. No limitation creating a contingent interest in real or personal property shall be treated as or declared to be invalid as violating the rule against perpetuities by reason only of the fact that there is a possibility of such interest vesting beyond the perpetuity period. 5.

(1) Every contingent interest in real or personal property that is capable of vesting within or beyond the perpetuity period is presumptively valid until actual events establish, 75 Poaeibllity of vesting beyond period. Presumption of valld,t" and "Wait BDd Seen doctrine.

CHAP. 2 PERPETUITIES ORDINANCE Geoeral power of appointment. Special power of appoiot· ment. etc. Application to determioe validity. Interim income. (

a) that the interest is incapable of vesting within the perpetuity period, in which case the interest, unless validated by the applica tion of sections 9 or 10, shall be treated as void or declared to be void; or (

b) that the interest is incapable of vesting be yond the perpetuity period, in which case the interest shall be treated as valid or declared to be valid.

(2) A limitation conferring a general power of appointment, which but for this

section would have been void on the ground that it might become exercisable beyond the perpetuity period, is presumptively valid until such time, if any, as it becomes established by actual events that the power cannot be exercised within the perpetuity period.

(3) A limitation conferring any power, option or other right, other than general power of appointment, which but for this

section would have been void on the ground that it might be exercised beyond the perpetuity period, is presumptively valid, and shall be declared or treated as void for remoteness only if, and so far as, the right is not fully exercised within the perpetuity period. 6.

(1) An executor or a trustee of any property or any person interested under, or on the validity or invalidity of, an interest in such property may at any time apply to the court for a declaration as to the validity or invalidity with respect to the rule against perpetuities of an interest in that property, and the court may on such application make an order as to the validity or invalidity of an interest based on the facts existing and the events that have occurred at the time of the application and having regard to sections 9 and 10.

(2) Pending the treatment or declaration of a pre sumptively valid interest within the meaning of subsection (1) of

section 5 as valid or invalid, the income arising from such interest and not otherwise disposed of shall be treated as income arising from a valid contingent interest, and any uncertainty whether the limitation will ultimately prove to be void for remoteness shall be disregarded. 76

PERPETUITIES ORDINANCE 7.

(1) Except as provided in

section 10, subsection (3) of

section 14 and subsections (2) and (3) of

section 16, the perpetuity period shall be measured in the same way as if this Ordinance had not been passed, but, in measuring that period by including a life in being when the interest was created, no life shall be included other than that of any person whose life, at the time the interest was created, limits or is a relevant factor that limits in some way the period within which the conditions for vesting of the interest may occur.

(2) A life that is a relevant factor in limiting the time for vesting of any part of a gift to a class shall be a relevant life in relation to the entire class.

(3) Where there is no life satisfying the conditions of subsection (1), the perpetuity period is twenty-one years. 8.

(1) Where, in any proceeding respecting the rule against perpetuities, a question arises that turns on the ability of a person to have a child at some future time, then, (

a) it shall be presumed: (

i) that a male is able to have a child at the age of fourteen years or over, but not under that age, and (ii) that a female is able to have a child at the age of twelve years or over, but not under that age or over the age of fifty-five years, but, (

b) in the case of a living person, evidence may be given to show that he or she will or will not be able to have a child at the time in question. CHAP. 2 Measurement of perpetuity period. Idem. Idem.

(2) Subject to subsection (3), where any question is Idem decided in relation to a limitation of interest by treating a person as able or unable to have a child at a particular time, then he or she shall be so treated for the purpose of any question that arises concerning the rule against perpetu ities in relation to the same limitation or interest notwith standing that the evidence on which the finding of ability or inability to have a child at a particular time as proved by subsequent events to have been erroneous. 77

CHAP. 2 Idem. Idem. Reduction of age. Exclusion oC class members to avoid re· moteness. PERPETUITIES ORDINANCE

(3) Where a question is decided by treating a person as unable to have a child at a particular time and such person subsequently has a child or children at that time, the court may make such order as it sees fit to protect the right that such child or children would have had in the property concerned as if such question had not been decided and as if such child or children would, apart from such decision, have been entitled to a right in the property not in itself invalid by the application of the rule against perpetu ities as modified by this Ordinance.

(4) The possibility that a person may at any time have a child by adoption, legitimation or by means other than procreating or giving birth to a child shall not be considered in deciding any question that turns on the ability of a person to have a child at some particular time, but, if a person does subsequently have a child or children by such means, then subsection (3) applies to such child or children. 9.

(1) Where a limitation creates an interest in real or personal property by reference to the attainment by any person or persons of a specified age exceeding twenty-one years, and actual events existing at the time the interest was created or at any subsequent time established, (

a) that the interest would, but for this section, be void as incapable of vesting within the perpetuity period; but (

b) that it would not be void if the specified age had been twenty-one years, the limitation shall be read as if, instead of referring to the age specified, it had referred to the age nearest the age specified that would, if specified instead, have prevented the interest from being so void.

(2) Where the inclusion of any persons, being poten tial members of a class or unborn persons who at birth would become members or potential members of the class, prevents subsection (1) from operating to save a limita tion creating an interest in favour of a class of person from being void for remoteness, such persons shall be excluded from the class for all purposes of the limitation, and the limitation takes effect accordingly. 78

PERPETUITIES ORDINANCE

(3) Where a limitation creates an interest in favour of a class to which subsection (2) does not apply and actual events at the time of the creation of the interest or at any subsequent time establish that, but for this sub section, the inclusion of any persons, being potential mem bers of a class or unborn persons who at birth would become members or potential members of the class, would cause the limitation to the class to be void 'for remoteness, such persons shall be excluded from the class for all purposes of the limitation, and the limitation takes effect accordingly.

(4) For the purposes of this section, a person shall be treated as a member of a class if in his case all conditions identifying a member of the class are satisfied, and a person shall be treated as a potential member if in his case some only of those conditions are satisfied but there is a possibil ity that the remainder will in time be satisfied. 10.

Where any disposition is made in favour of any spouse of a person in being at the commencement of the perpetuity period, or where a limitation creates an interest in real or personal property by reference to the time of the death of the survivor of a person in being at the commence ment of the perpetuity period and any spouse of that person, for the purpose of validating any such disposition or limit ation, that but for this

section would be void as offending the rule against perpetuities as modified by this Ordinance, the spouse of such person shall be deemed to be a life in being at the commencement of the perpetuity period even though such spouse was not born until after that time. 11.

(1) A limitation that, if it stood alone, would be valid under the rule against perpetuities is not invalidated by reason only that it is preceded by one or more limitations that are invalid under the rule against perpetuities, whether or not such limitation expressly or by implication takes effect after, or is subject to, or is ulterior to and dependent upon, any such invalid limitation.

(2) Where a limitation is invalid under the rule against perpetuities, any subsequent interest that, if it stood alone would be valid, shall not be prevented from be ing accelerated by reason only of the invalidity of the prior interest. 79 CHAP. 2 Idem. Interpreta· .tion. Spouses. Saving. . Acceleration of expectant interests.

CHAP. 2 Powers of appointment. Admioistra· ti ,'e powers or t.rustees. Application of subsection (1). Options to Require reversioDBry interests. PERPETUITIES ORDINANCE 12.

(1) For the purpose of the rule against perpetuities, a power of appointment shall be treated as a special power unless (

a) in the instrument creating the power it is expressed to be exercisable by one person only; and (

b) it could, at all times during its currency when that person is of full age and capacity, be exercised by him so as immediately to transfer to himself the whole of the interest governed by the power without the consent of any other person or compliance with any other condition, not being a formal condition relating only to the mode of exercise of the power.

(2) A power that satisfies the conditions of clauses (

a) and (

b) of subsection (1) shall, for the purpose of the rule against perpetuities, be treated as a general power.

(3) For the purpose of determining whether an appointment made under a power of appointment exercis able by will only is void for remoteness, the power shall be treated as a general power where it would have been so treated if excercisable by deed. 13.

(1) The rule against perpetuities does not invali date a power conferred on trustees or other persons to sell, lease, exchange or otherwise dispose of any property, or to do any other act, in the administration (as opposed to the distribution) of any property including, where authorized, payment to trustees or other persons of reasonable re muneration for their services. (2) Subsection (1) applies for the purposes of en abling a power to be exercised at any time after this Ordinance comes into force, notwithstanding that the power is conferred by an instrument that took effect before that time. 14.

(1) The rule against perpetuities does not apply to an option to acquire for valuable consideration an interest reversionary on the term of a lease, (

a) if the option is exercisable only by the lessee or his successors in title; and 80

PERPETUITIES ORDINANCE (

b) if it ceases to be exercisable at or before the expiration of one year following the de termination of the lease. CHAP. 2 (2) Subsection (1) applies to an agreement for a ~l:~~cB~t:~i~n lease as it applies to a lease, and "lessee" shall be construed (1). accordingly.

(3) In the case of all other options to acquire for valuable consideration any interest in land, the perpetuity period under the rule against perpetuities is twenty-one years, and any such option that according to its terms is exercisable at a date more than twenty-one years from the date of its creation is void on the expiry of twenty-one years from the date of its creation as between the person by whom it was made and the person to whom or in whose favour it was made and all persons claiming through either or both of them, and no remedy lies for giving effect to it or making restitution for its lack of effect. Other optioDs.

(4) The rule against perpetuities does not apply, OptionB to nor do the provisions of subsection (3) of this

section I::.e::. apply, to options to renew a lease. 15.

In the case of an easement, profit 'a prendre or other similar interest to which the rule against perpetuities may be applicable, the perpetuity period is forty years from the time of the creation of such easement, profit 'a prendre or other similar interest, and the validity or invalidity of such easement, profit 'a prendre or other similar interest, so far as remoteness is concerned, shall be determined by actual events within such forty-year period; and the ease ment, profit 'a prendre or other similar interest is void only for remoteness if, and to the extent that, it fails to acquire the characteristics of a present exercisable right in the servient land within the forty-year period. 16.

(1) In the case of, (

a) a possibility of reverter on the determina tion of a determinable fee simple; or (

b) a possibility of a resulting trust on the determination of any determinable interest in real or personal property; the rule against perpetuities as modified by this Ordinance applies in relation to the provision causing the interest to 81 Ea.ementB. p'rofitB a prendre. etc. Determinable intereBtB.

CHAP. 2 PERPETUITIES ORDINANCE be determinable as it would apply if that provision were expressed in the form of a condition subsequent giving rise on its breach to right of re-entry or an equivalent right in the case of personal property and, where the event deter mines the determinable interest does not occur within the perpetuity period, the provision shall be treated as void for remoteness and the determinable interest becomes an absolute interest. Idem.

(2) In the case of a possibility of reverter on the determination of a determinable fee simple, or in the case of a possibility of a resulting trust on the determination of any determinable interest in any real or personal property, or in the case of a right of re-entry following on a condition subsequent, or in the case of an equivalent right in personal property, the perpetuity period shall be measur ed as if the event determining the prior interest were a condition to the vesting of the subsequent interest, and failing any life in being at the time the interests were created that limits or is a relevant factor that limits in some way the period within which that event may take place, the perpetuity period is twenty-one years from the time when the interests were created.

Idem.

(3) Even though some life or lives in being may be relevant in determining the perpetuity period under sub section (2), the perpetuity period for the purposes of this

section shall not exceed a period of forty years from the time when the interests were created and shall be the lesser of a period of forty years and a period composed of the relevant life or lives in being and twenty-one years. Specific DOD· 17.

(1) A trust for a specific non-charitable purpose charitable trusts. that creates no enforceable equitable interest in a specific person shall be construed as a power to appoint the income or the capital, as the case may be, and, unless the trust is created for an illegal purpose or a purpose contrary to public policy, the trust is valid so long as, and to the extent that, it is exercised either by the original trustee or his successor, within a period of twenty-one years, notwith standing that the limitation creating the trust manifested an intention, either expressly or by implication, that the trust should or might continue for a period in excess of that period; but in the case of such a trust that is expressed to be of perpetual duration, the court may declare the limita- 82

PERPETUITIES ORDINANCE tion to be void if the court is of opinion that by so doing the result would more closely approximate the intention of the creator of the trust than the period of validity provided by this section.

(2) To the extent that the income or capital of a trust for a specific non-charitable purpose is not fully expended within a period of twenty-one years, or within any annual or other recurring period within which the the limitation creating the trust provided for the expendi. ture of all or a specified portion of the income or the capital, the person or persons, or his or their successors, who would have been entitled to the property comprised in the trust if the trust had been valid from the time of its creation, are entitled to such unexpended income or capital. 18.

The rule of law prohibiting the limitation, after a life interest to an unborn person, of an interest in land to the unborn child or other issue of an unborn person is hereby abolished, but without affecting any other rule re lating to perpetuities. 19. The rules of law and statutory enactments relat ing to perpetuities do not apply and shall be deemed never to have applied to the trusts of a plan, trust or fund established for the purpose of providing pensions, retire ment allowances, annuities, or sickness, death or other benefits, to employees or to their widows, dependants or other beneficiaries. 20.

Except as provided in subsection (2) of

section 13 and in

section 19, this Ordinance applies only to instru ments that take effect after this Ordinance comes into force, and such instruments include an instrument made in the exercise of a general or special power of appointment after this Ordinance comes into force even though the instrument creating the power took effect before this Ordinance comes into force. 83 CHAP. 2 Idem. Rule in Wbitby vs. Mitcbell abolished. Rules BB to perpetuitiea not BPsllcable t~::lt oyee trusts. Application of Ordinance.

CHAP. 3 R.O.Y.T. 1958 c.37: 1065 (2nd) 0.4. EVIDENCE ORDINANCE

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE EVIDENCE ORDINANCE (Assented to April 4th, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. The Evidence Ordinance is hereby amended by repealing

Section 4 thereof and substituting the following therefor: "4.

(1) Except as provided in this Ordinance, the parties to an action and the persons on whose behalf an action is brought, institut ed, opposed or defended, and their spouses are competent and compellable to give evi dnce on behalf of themselves or of any parties.

(2) Every person charged with an offence shall be a competent but not compellable witness at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person, provided as follows: 84 (

a) a person so charged shall not be called as a witness except upon his own application; (

b) the failure of any person charged with an offence to give evidence shall not be made the subject of any comment by the Prosecution or Court; (

c) a person charged and called as a wit ness shall not be asked, and if asked shall not be required to answer, any

EVIDENCE ORDINANCE question tending to show that he. has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character unless (

i) the proof that he has committed or been convicted of such other offence is admissable evidence to show that he is guilty of the of fence wherewith he is then charg ed; or (ii) he has personally or by his Coun sel asked questions of the wit nesses for the Prosecution with a view to establish his own good character, or has given evidence of his own good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecu tor or the witnesses for the prosecution; or (iii) he has given evidence against any other person charged with the same offence." 85 CHAP. 3

CHAP. 4 Provisions of Agreement. FINANCIAL AGREEMENT

CHAPTER 4 ORDINANCES· OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE THE FINANCIAL AGREEMENT ORDINANCE 1967 (Assented to March 8th, 1968) 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 (iii) (

A) of subsection (

a) of

section 3 is hereby repealed and the following substituted therefor: 86 .. (iii) As an operating grant for (

A) the fiscal year 1967/68 and amount equal to $3,054,000.00, and"

FUR EXPORT

CHAPTER 5 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE FUR EXPORT ORDINANCE (Assented to April 4th, i 968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1.

Schedule A of the Fur Export Ordinance is re- pealed and the following substituted therefor:

SCHEDULE A TAX PAYABLE ON FURS EXPORTED FROM THE YUKON TERRITORY. .

On each bear, white or polar ________________________________________ $5.00 On each beaver ________________________________________________________________ .50 On each cougar _________________________________________________________________ .25 On each fisher _________________________________________________________________ .50 On each fox, black ________________________________________________________ .10 On each fox, cross __________________________________________________________ .10 On each fox, red ____________________________________________________________ .10 On each fox, silver ________________________________________________________ .10 On each fox, blue ____________________________________________________________ .50 On each lynx ______________________________________________________________________ .25 On each marten ________________________________________________________________ .50 On each mink _____________________________________________________ :______ ________ .50 On each muskrat (musquash) ______________________________________ .02 On each otter _________________________ ,_________________________________________ .50 On each squirrel _______________________________________________________________ .01 On each weasel (ermine) ________________________________________________ .05 On each wolf or coyote ___________________________________________________ .25 On each wolverine ___________________________________________________________ .50 87 CHAP. 5 R_O_T.T. 1958 c_49 ; 1981 (2nd) c_ll.

CHAP. 6 R.O.Y.T. 1958 c.60; 1960 (ard) c.5 : 1961 (Ist) c.7 : 1964 (2nd) c.8. JUDICATURE

CHAPTER 6 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE JUDICATURE ORDINANCE (Assented to April 4th, 1968) 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 (

c) and paragraph (

e) of

Section 17 of the Judicature Ordinance are repealed and the following substituted therefor: 88 .. (

c) to keep an account of all fines, fees and moneys payable or paid into Court and to enter all such amounts in proper books or accounts as may be prescribed; (e) (

i) the Clerk shall on or before the 15th day of each month prepare a statement in duplicate from the accounts and books mentioned in Paragraph (

c) hereof and trans mit a copy of the statement to the Territorial Treasurer, (ii) the statement required by sub paragraph (

i) shall set forth the total amount of fees, fines and moneys which have been received by the Clerk during the previous month and with such statement the Clerk shall transmit to the Territorial Treasurer the amount of all fees, fines .. and moneys received by him during the pre ceding month. (

f) To do and perform all such other acts and duties as may be necessary for the administration of justice in the Terri tory or as may be prescribed."

JURY

CHAPTER 7 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE JURY ORDINANCE (Assented to April J,.th, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 7 of the Jury 01'dinance is amended by adding thereto, immediately after paragraph (

h) thereof, the following paragraphs: .. (ha) persons employed in the Department of Corrections of the Territory;" .. (hb) persons employed in the Public Service of the Territory classified as Probation Officers and Social Workers." 89 CHAP. 7 R.O.Y.T. 1958 c.61 : 1961 (ard) c.l.

CHAP. 8 R.O.Y.T. 1958 c.67 ; 1959 (let) c.6; 1961 (2nd) c.6; 1962 (let) c.18 ; 1962 (5th) c.1I ; 1962 (5th) c.U.; 1963 (let) c.9; 1964 (lat) c.12 ; 1965 (18t) c.G; 1965 (2nd) c.l; 1966 (2nd) c.8; 1961 (2nd) c.1D; 1968 (lat) c.2. LIQUOR

CHAPTER 8 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE LIQUOR ORDINANCE (Assented to April 4th, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 20 of the Liquor Ordinance is hereby amended by adding thereto immediately following sub section (1) the following new sub-section; .. (la) An applicant for renewal of a licence shall not be required to provide an affidavit or detailed sketch of the premises in accord ance with sub-section (1) hereof unless a structural change has been made in the premises since the previous issue of a licence in respect of the premises."

Section 24 of the said Ordinance is amended by adding thereto immediately after sub-section (2) the follow ing new sub-section; ..

(3) This

section shall not apply to an application for renewal of a licence." 90

MINING SAFETY

CHAPTER 9 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE MINING SAFETY ORDINANCE (Assented to April 4th, 1968) 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 Mining Safety Ordinance is amended by adding thereto, immediately after paragraph (

f) thereof, the following paragraph: "(fa) 'mine rescue superintendent' means a person appointed as such by the Com missioner under this Ordinance."

Section 3 of the said Ordinance is amended by adding thereto, immediately after paragraph (

b) thereof, the following paragraph: "(

c) appoint duly qualified persons as mine rescue superintendents or authorize other duly qualified persons to act as such for the purpose of this Ordin ance." 3. The said Ordinance is amended by adding there to, immediately after

Section 28 thereof, the following Section: "28A

(1) Notwithstanding

Section 28 of this Ordin ance, the Commissioner may establish, equip, operate and maintain mine rescue stations.

(2) The cost of operating and maintaining mine rescue equipment and mine rescue stations, including the salaries of mine rescue superintendents, shall be recoverable from the owner of every mine in accord ance with this section. 91 CHAP. 9 R.O.Y.T. 1958 c.75.

CHAP. 9 MINING SAFETY

(3) An inspector shall assess every mine to which this

section applies with the cost of maintenance of mine rescue equipment and with the cost of opera tion of mine rescue stations including the salaries of mine rescue superintendents.

(4) The assessment referred to in subsection (3) shall be made quarterly and shall be apportioned among the mines to which this

section applies on a per man, per month basis for (

a) underground operations, (

b) open pit operations, at rates to be fixed from time to time by the Com missioner.

(5) Monies paid, collected or received in accord ance with this

section shall be paid to the Receiver General of Canada and shall be deemed not to be 'public money' as defined in

section 2 of the Financial Administration Ordinance." 92

MOTOR VEHICLES

CHAPTER 10 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE MOTOR VEHICLES ORDINANCE (Assented to April 4th, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 110 of the Motor Vehicles Ordinance is repealed and the following substituted therefor: "110

(1) When a vehicle bearing the sign 'school bus' and displaying alternately flashing lights has stopped on a highway to receive or discharge passengers, a driver approaching the school bus from either direction shall stop before reaching the school bus.

(2) A person who is required by sub-section (1) to stop before reaching a school bus shall not proceed to pass the school bus, (

a) until the school bus resumes motion; or (

b) until· the driver of the school bus indicates by a signal that he may proceed; or (

c) where the school bus is displaying alternately flashing lights until the lights stop flashing." 93 CHAP. 10 RoOoYoT. 1958 co77; 1960 (3rd) co3 ; 1961 (1st) co5 ; 1961 (2nd) co7; 1962 (1st) co21; 1962 (6th) co8 ; 1963 (2nd) Co9 ; 1964 (1st) co9; 1965 (2nd) Co6 ; 1966 (2nd) colS; 1967 (2nd) ColS; 1968 (lat) coS.

CHAP. 11 B.O.T.T. 1958 c.88. POLICE MAGISTRATE'S COURTS

CHAPTER 11 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND THE POLICE MAGISTRATE'S COURTS ORDINANCE (Assented to April 4th, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: 1. The Police Magistrate's Courts Ordinance is hereby amended by repealing

Section 4 thereof and sub stituting the following therefor: "4.

(1) There shall be a Clerk of the Police Magist- rate's Court.

(2) If a deputy clerk is appointed, he shall have the same powers and duties as the Clerk.

(3) The duties of the Clerk shall be: 94 (

a) to attend to his office and keep it open on such days of the week, other than holidays, and during such hours as the Commissioner may fix ; (

b) on application of any person by himself or his agent; (

i) to receive all complaints and other papers required to be filed in the Police Magistrate's Court or Small Debts Court, (ii) to issue or file all writs of sum mons, pleadings, proceedings, warrants, precepts, writs of execution and other documents rendered necessary or required for the effective disposal of such matters, and

POLICE MAGISTRATE'S COURTS (iii) to tax costs, enter judgements and record all judgements and orders pronounced, given or made, (

c) to keep account· of all tines, fees and moneys payable or paid in respect of this or any other law and to enter all such amounts in proper books or as may be prescribed; (

d) to do and perform all such other acts and duties as may be necessary for the administration of justice in the Terri tory or which may be prescribed."

Section 7 of the said Ordinance is repealed and the following substituted therefor; "7.

(1) Each Clerk shall, on or before the 15th day of every month, prepare a statement from the book mentioned in

Section 6 (1) and transmit a copy of the statement to the Territorial Treasurer.

(2) The statement shall be in the prescribed form and shall set forth the total amounts of fees and moneys received by the Clerk during the preceding month and with such statement the Clerk shall trans mit to the Territorial Treasurer the amount of all fees and moneys received by him during the next preceding month." 95 CHAP. 11

CHAP. 12 CLOSURE OF PORTIONS OF CERTAIN STREETS

CHAPTER 12 ORDINANCES OF THE YUKON TERRITORY 1968 (Second Session) AN ORDINANCE TO AMEND AN ORDINANCE TO CLOSE CERTAIN PORTIONS OF FIFTH AVENUE AND LAMBERT AND ELLIOTT STREETS, IN THE TOWN SITE OF WHITEHORSE, FROM USE AS STREETS BY THE PUBLIC BEING

CHAPTER 9 OF THE ORDINANCES OF THE YUKON TERRITORY, 1906 (Assented to April 4th, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 1 of

Chapter 9 of the Ordinances of the Yukon Territory, 1906, being an Ordinance to close certain portions of Fifth Avenue and Elliott Streets, in the Town site of Whitehorse, from use by the public, is amended by substituting the following description of land for the one contained therein: "All that portion of Lots 1 and 2, in Group 5, being a portion of the Townsite of Whitehorse, in the Yukon Territory, now occupied by Elliott Street, lying be tween the westerly limit of Fourth A venue and the easterly limit of Sixth Avenue and its southerly pro jection, together with all that portion of Lot 2 in Group 5, now occupied by Fifth Avenue, lying between the westerly projection of the northerly limit of Lambert Street and the southerly limit of the lane between Elliott Street and Main Street, together with that portion of Lots 1 and 2 now occupied by lane between Lambert Street and Elliott Street, lying be tween the westerly limit of Fourth Avenue and the easterly limit of Sixth Avenue." 96

CLOSURE OF PORTIONS OF CERTAIN STREETS 2. All that portion of Lots 1 and 2, in Group 5, being a portion of the Townsite of Whitehorse, in the Yukon Territory described in

Section 1 of an Ordinance to close certain portions of Fifth Avenue and Lambert and Elliott Streets in the Townsite of Whitehorse, in the Yukon Territory, from use as streets by the public, being

Chapter 9 of the Ordinances of the Yukon Territory, 1906, other than that portion of Lots 1 and 2 in Group 5 thereof described in

Section 1 of this Ordinance shall be deemed to be common and public highways. 97 CHAP. 12

TABLE OF PUBLIC ORDINANCES OF THE YUKON TERRITORY 1958 to 1968 (Second Session) Showing all the chapters of the Revised Ordinances 1968 with amendments thereto up to and including 1968 (Second Session). SUBJECT MATTER R.O. 1958

Chapter No. AMENDMENTS Adoption ........................................................ 1 Adult Occupational Training Agreement ...... new Agisters and Livery Stable Keepers .............. 2 Amusement Tax ................................... ......... 3 Annual Vacation ........... ................................ 4 Annuity Plan..............................

S Apprentice Training .................................. new Arbitration .. . .. .. .. . . .. .. .. .. .. .. .. .. .. .... .... .... .. 6 Area Development................................. 7 Assignment of Book Debts ......... .................. 8 Bills of Sale ..... .......... .......... .............. 9 Blasting ................................................. 10 Brands . ............ ..... .. ........................... new Bulk Sales............... .. ................... ........ 11 Business Licenses ................................... 12 Cancer Diagnosis & Treatment .................... new Cemeteries ................................... , .. .... .......... 13 Cemeteries ................................................... new Change of Name........... ........... ..... ............. 14 Chiropractic ..................... ............ ..............

IS Choses In Action ...................................... 16 Citizenship Instruction Agreement ............... 17 City Frontage Tax (Whitehorse) .................... new City Frontage Tax (Dawson) .......................... new Civil Emergency Measures ............................ new Collection . ......................................... 18 Companies ..................................... 19 Conditional Sales ......................................... 20 Contributory Negligence............................ 21 Controverted Elections ................................. 22 Co-operative Associations .............................. 23 Cornea Transplant ....................................... new Coroners ........................................................ 24 Corporation Securities .................................. new 1967 (2nd) c.1 1968 (2nd) c.1 repealed 1963 (1st) c.4 repealed 1964 (2nd) c.1 1963 (2nd) c.8·s.4(

g) added 1964 (1st) c.S-s.S; 3S 1967 (2nd) c.2 1960 (1st) c.7·s.5(2); 9(2) added 1961 (1st) c.3-s.1S added Sched. 1962 (1st) c.ll 1967 (1st) c.1 repealed 1967 (1st) c.1 1960 (1st) c.3 1964 (1st) c.l 1966 (2nd) c.3 1962 (1st) c.13-s.298(3) 1964 (2nd) c.ll-s.97A added; 101; 106; IlIA added; IllB added 1966 (1st) c.l0·s.130(4) added 1966 (2nd) c.S-s.70(3) 1964 (2nd) c.9-s.2(ba) added; 2(

g) added; 3(1)(2); 3(4)(S); 3A added; 7(1); 8; 12; 14; 14A added; 15(1); 16 & 17 added 1967 (1st) c.8-s. 44 1962 (5th) c.2 1966 (2nd) c.10-s.7(1) 1963 (1st) c.3 Credit Unions ............................................. . 1963 (2nd) c.6·s.13 25 1965 (2nd) c.2-s.3 Creditors Relief........................................ 26 Curfew .... . ..................................... 27 1963 (2nd) c.10·s.4 98

TABLE OF PuBLIC ORDINANCES SUBJECT MATTER R.O. 1958

Chapter No.

AMENDMENTS Dawson City Sewage Disposal System Sale .... new 1966 (1st) c.4 Defamation .................................................... 28 Dental Profession....................................... 29 1964 (2nd) c.10·s.22A. 22B added; 23; 25; 26; 27 added Dependants Relief .. . ...................... new 1962 (1st) c.9 Devolution of Real Property. . ... 30 Disabled Persons Allowance ........................ 31 Distress . . . . . . . . . .. . . . .. ....................................... 32 Dog .............. ............... . ...................... 33 Elections ........................ .................... ......... 34 Electrical Protection ..................................... new Employment Agencies ........................ 35 Engineering Profession....................... 36 Evidence .................... . . ....................... 37 Exemptions......................... ....................... 38 Factors ......................................................... 39 Fair Practices .................................... new Fatal Accidents.. ................ ........................ 40 Ferries .......................................................... 41 Financial Administration ........................... ..42 Financial Agreement ................................... new 1962 (1st) c.16·s.3(1): 4(a) 1964 (1st) c.4·s.3(1); 4(a) 1960 (3rd) c.4·s.4; 5(b)(c); 8; Sched. 1966 (1st) c.8·s.8 1967 (lst) c.2 1961 (1st) c.8·s.2(bb)(

i) added 8; 12(1)(d)(e)(f); 12(2)(3) (4)(5); 13; 14(1); 16; 17(1) (2); 18; 20; 22; 25(2) added; 26(1)(3); (31): 32 1963 (1st) c.7·s.17A added 1965 (1st) c.2·s.12 1965 (2nd) c.4·s.68 1967 (2nd) c.6·s.68;69 1968 (2nd) c.3·s.4 1963 (2nd) c.3 1963 (1st) c.10·s.21 1964 (2nd) c.7·s.29; 30; 30A added 1967 (1st) c.9·s.34(1)(c) 1967 (1st) c.19 1968 (2nd) c.4·s.3(a)(iii)(

A) Fire Investigation ........................................ 44 1962 (5th) c.3 repealed Fire Prevention ................. ...................... 45 1962 (5th) c.3 repealed Fire Prevention ........................................... new Fitness & Amateur Sport Agreement ............ new Flag .......................................................... new Floral Emblem .. . .. ............. ................... 46 Forest Protection . . ........................ 47 Franchises: Mayo Utilities-Telephone Electrical-Whitehorse .. -Haines Junction -Watson lake Electrical--Carcross ~armacks -Teslin Frustrated Contracts .......................... 48 1962 (5th) c.3 1966 (2nd) c.12·s.6 1967 (2nd) c.7·s.24(ga) added 1962 (5th) c.l 1967 (2nd) c.3 1963 (1st) c.U·s.U; 16(I)(a) 1952 (1st) c.6 1953 (1st) c.U·s.1: 2 1954 (2nd) c.2 1958 (1st) c.13 1959 (2nd) c.3 1960 (3rd) c.l 1964 (2nd) c.5·s.2 added 1961 (1st) c.l 1964 (2nd) c.4·s.2 added 1963 (1st) c.1 1963 (2nd) c.U·s.2; 3 added 99

TABLE OF PUBLIC ORDINANCES SUBJECT MATTER R.O. 1958

Chapter No.

AMENDMENTS Fuel Oil Tax ....................... ......................... new Fur Export ................................................ 49 Game ............................................................ 50 Gaols (Territorial) ................. , ...................... new Garage Keepers ........ ............... ..................... 51 Garnishee ...................................................... 52 Hairdressers ................................................ new Hospital Aid ............................................... 53 Hospital .................................................... new Hotel Keepers ........................................ 54 Housing Development .................................. new Illegitimate Children .. ............................ ........ 55 Immunity of Members .................................. new Insane Persons ............................................ 56 Insurance ...................................................... 57

Interpretation ................................................ 58 Intestate Succession .................................. 59 100 1962 (1st) c.6 1962 (5th) c.15·s.3(3)(i)(

c) added 1964 (2nd) c.6·s.3(3); 3a added 1968 (1st) c.l·s.3; 4(a) 1961 (2nd) c.11·Sched. A 1968 (2nd) c.5-Sched. A 1959 (1st) c.3-s.2(I)(w); 8; 9A & 98 added; 14A added; 25(2); 27(1); 34(1); 36; 42(2)(b)(vii) added; 49(1); 74(3)(4)(5); 81 (b) 1959 (2nd)c.4-s.39(1) 1961 (2nd) c.l0-s.7S(3)(4) added; Sched. A-9A added 1964 (1st) c.lO-Sched. A·l(c) 1965 (1st) c.5-s.42 1967 (1st) c.ll-s.2(1)(0); 2(1) (sa) added; 2(I)(w); 2(4)(a) & (

b) added; 7; 8(I)(a)(i); 10(1); 10(la) added; lOA added; 12; 13; 13A & 13B added; 14(3) added; 15; 16; 19(2)(3)(4)(5) & (6) added; 19A added; 20; 26(r) & (5) added; 3SA & 3S8 added; 42(2); 65; 66; 67; 6S; 69; 72; SO(l)(f). (

g) added; 81(

c) added; 82; 84; 86; 86A-8-C & D added; 87; 88; Sched. A-I (b)(iv)(v) (vi)(c) (d );Sched. A-ll; Sched. A·16 & 17 added; Sched. D added 1966 (2nd) c.2 1965 (2nd) c.6-s_17; 19 added 1967 (1st) c.4 1959 (1st) c.l repealed 1964 (2nd) c.13 repealed 1967 (1st) c.6 1966 (1st) c.l 1959 (1st) c.4-Part III s. 39 to 52; 52A & 8 added;

Part I of Sched. 1962 (5th) c.7-s. 48 1963 (2nd) c.5-s.131A added 1967 (1st) c.lS-s.2(a); 2(ab) added; 2(h)(i)(j)(k)(p)(r); 2A added;

Part IV s.53·112 1959 (1st) c.5-s.37 added 1967 (2nd) c_8·s.21(1)(j) 1962 (1st) c.19-s.5 1965 (2nd) c.7-s.3;

Part 11 added

TABLE OF PuBLIC ORDINANCES R.O. 1958

Chapter SUBJECT MATTER No. Judicature .. .. . . . .. . . .. . . . .. ................................. 60 Jury .............................................................. 61 Labour Provision .......................................... 62 Labour Standards . ... .... . .................... new Landlord & Tenant ........................................ 63 Legal Profession ............................... '............. 64 Legal Profession Accounts ............................ new Legitimation .................................................. 65 Limitation of Actions .................................... 66 Liquor .......................................................... 67 Loan Agreement

(1961) No. 1 ...................... new Loan Agreement

(1961) No. 2 .......... . ... new Loan Agreement .......... ....... . ........... new Loan Agreement

(1962) No. 1 ..................... new AMENOMENTS 1960 (3rd) c.5-s.14; 51(1) 1961 (1st) c.7-s.51(1) 1964 (2nd) c_ 8-s.17(a); 37 1968 (2nd) c.6·s.17 (c) & (e); 17 (

f) added 1961 (3rd) c.l-s.9; 14(5); 19(2) 1968 (2nd) c. 7·s. 7 (ha) & (hb) added 1968 (2nd) c.l repealed 1968 (2nd) c.1 1962 (1st) c.14-s.26 added 1967 (2nd) c.9·s.Il; 26 1965 (1st) c.1 1959 (1st) c.6-s. 12(I)(b); 30(1); 30(3); 76(3) added 1961 (2nd) c.6·s.37(I) 1962 (1st) c.18-s.2(I)(

y) added; 9; 12A; 128; 12C;120; 12E added; 12(2); 15(9)(10) (11)(12)(13) added; 50(2); 31(I)(a)(b); 31 (l)(

c) added; 31(3); 37(2); 76; 77 1962 (5th) c.11-s.12A(I) 1962 (5th) c.14·s.8(2) 1963 (1st) c.9·s.12A(7)(9); 128(7); 120(4); IS; ISA; IS8; ISC added 1963 (1st) c_12·s.45 1964 (1st) c.12-s.7A added; 8(3); 9; 12; 12A(2); 128(1); 128(2); 120(5) added; 14A added; 20; 3'1 1965 (1st) c.6-s.2(I)(qq) added; 9; 12(2); 12A(I)(2)(5) (8)(9); 128(1)(2)(5)(6) (9); 12C; 120(3); 23; 24; 25; 29(3); 31(6) added; 45(2)(b); 48; 50(4); 51 (2); 52A added: 77(6); 86(I)(

e) added; 88(I)(

g) added; Sched. 1965 (2nd) c.3-s.9; 12C added; 19(I)(b); 24; 25; 31(1); 31(7) added; 34(3); 39; 86(I)(bb) added;52A 1966 (2nd) c.8-s.12A(I); 12A(la); 120(2); 31(I)(b); 31(I)(c); 31(8) added (Obsolete 1/1/67) 1967 (2nd) c.l0-s.31(8) added 1968 (1st) c.2·s.86(I) & (2) 1968 (2nd) c.8·s.20(la) added; 24(3) added 1961 (2nd) c.2 1966 (1st) c.Il repealed 1961 (2nd) c.4 1961 (3rd) c.4 1962 (1st) c.2 1967 (1st) c.18-s.2 101

TABLE OF PuBLIC ORDINANCES SUBJECT MATTER R.O. 1958

Chapter No.

AMENDMENTS Local Improvement District .......................... new Low Cost Housing ........................................ new Low Rental Housing Agreement .................. new Lords Day (Yukon) ...................................... new Maintenance ................................................ 68 Marriage ........................................................ 69 Married Women's Property ............................ 70 Masters and Servants ................................. 71 Mayo Seaplane Base Agreement .................. new Mechanics Lien ....... . ....................... 72 Medical Professions ...................................... 73 Miner's Lien.. .. ...... ................................... 74 1965 (2nd) c.1 1967 (2nd) c.U-s.6A added 1962 (1st) c.1 1963 (1st) c.S-s.2; 3(2)(a); 3(2)(c); 3(3)(a); 3(3)(d); 4(1)(

a) added 1966 (1st) c.7·s.3(3)(c) 1966 (2nd) c.U-s.3(3)(b)(e); 4(la) 1967 (lst) c.14-s.3(3)(c) 1962 (1st) c.3 1963 (1st) c.13 repealed 1962 (1st) c.S 1963 )2nd) c.2 repealed 1963 (2nd) c.4 1963 (2nd) c.7·s.4(1)(b); 7A added 1964 (1st) c.U-s. 7A(1) &

(2) Mining Safety ... . ................................... 75 1968 (2nd) c.9·s.(fa) added; Motion Picture ............................................. 76 Motor Vehicles ......................................... 77 Motor Vehicle Fuel Tax ......................... 78 Municipal ... . ........................................ 79 Municipal .. .. .......................... new 102 3(

c) added; 28A added 1960 (3rd) c.3-s.5(2); 6(3)(6) (U)(c)(12); 7(2); 8(1); U(3); 13(c); 14(2); 15(2)(4); 19(1) (2); 22(1)(2)(6)(8)(b); 27 (2)(3) added; 29; 34(I)(c); 34(3) added; 41 (l)(

c) added; 41 (4); 49A; 49B added; 138A added; 163(2); Sched. A & B 1961 (1st) c.5·s.2; 49B 1961 (2nd) c.7·s.76(2) 1962 (1st) c.21-s.22(3); 22(6) (7); s.3 of Sched. A 1962 (5th) c.S-Sched. A 1 & 2 1963 (2nd) c.9·s.S(7) added; 25(2)(3); SChed. AI; Sched. A2; 76(2)(3); 76(4) added 1964 (1st) c.9·s.151A added 1965 (2nd) c.5·s.14(2); 20; 24(e); 25(4); 76(3); 147(2); 151B added; 164 1966 (2nd) c.13·s.26(4); 37; 49(3)(4){5){6); Sched. Al 1967 (2nd) c.12·s.2(ii) added; 6(15) added; 6A added; 33(1){e); 33 (3) & (4) added; 61A added; 95; 130A added; 150(I)(n) 1967 (2nd) c.13-s.155(b) 1968 (1st) c.3-Sched.

A 1968 (2nd) c.l0-s.UO 1962 (1st) c.6 repealed 1959 (2nd) c.l repealed 1959 (2nd) c.1 1960 (1st) c.6-s.99(aa) added; 288;Sched. B(d);Sched. B (

g) added

TABLE OF ·PUBLIC ORDINANCES SUBJECT MATTER R.O. 1958

Chapter No, AMENDMENTS Municipal (cont'd) ..................................... .

Newspaper .................................................... 80 NOise Prevention ........................................ 81 Old Age Assistance and Blind Persons Allowance ........... .......... 82 1961 (1st) c.6-s.109; 124(3); 133; 144; 238(b) 1961 (2nd) c.5-s.71(3) 1961 (2nd) c.9-s.122; 194 1961 (3rd) c.2-s.194 1962 (Ist) c.22-s.194; 195; 228(1); 240 1962 (5th) c.10-s.34(2) added; 118(c); 194. 1962 (5th) c.13-s.97A added; 121 (l)(a)(iii) added 1962 (5th) c.16-s.240(1) 1963 (1st) c.5-s.240 1964 (1st) c.8-s.232(1)(3) 1964 (2nd) c.12-s.194; 195 1966 (1st) c.6-s.2(d); 2(da) (db) added; 2(1a) added; 2(i)0)2(na) added; 2(

q) added; 5; 5A, B, C, D added; 7(2)(b)9A added; 10; 11(1); 12(1); 12A added; 15; 16, 16A, 16B, 16C added; 20(1); 22(1); 24(2); 25; 26; 27; 28 (2); 29; 30; 31; 33(1)(2); 35 (1); 37(1); 39(1); 43(1)(f); 43(2); 53; 62; 63(1); 71(2); . 87(1)(1)0) added; 87(5) added; 112; 120A added; 121 (1); 121A added; 122; 135; 136; 138(1); 146; 147; 148; 156; 164(2)(1); 168; 174(1 )(4)(5);175(1); 181; 183(1); 185; 186(1)(3)(4); 189 to 193; 195; 213(1); 214; 217(2); 241(a); 245(2) (4)(5); 249; 251A added; 256; 256A added; 259(1); 260(2); 262(1); 270A added; 276A added; 279; 280A added; 290A added; 293(3); 294(e); 294A added; 296(2) added; 312(r)(s)(t) (u)(v)(w)(

x) added; Sched_ C. Form A, B & C;'Form EA, lA added; Form 0, P; Form S, T added 1966 (2nd) c.7-s.137A added; Sched. D added 1967 (Ist) c.16-s.2(fa); 121(1) (b); 122; 138(1); 148(1); 156; 174(1)(4); 175(1); 181 (1)(2)(3); 183(1); 186(3); 195; 213(1). 1967 (2nd) c.14-s.92A added. 1961 (1st) c.2-s.4(c) 1962 (1st) c.17-s.3(1)(2); 4(a)(b) 1964 (1st) c.3-s.3(1)(2); 4(a)(b) 103

TABLE OF PUBLIC ORDINANCES R.O. 1958

Chapter SUBJECT MATTER No. AMENDMENTS ~:::,:e~~p .. :::::::::::::::::::::::::::::::: :::::: ::::: :::: ::: ~ Pawn Brokers and Second Hand Dealers .... 85 Perpetuities .................................................. new 1968 (2nd) c.2 Petroleum Products ...................................... 86 Pharmaceutical Chemists .............................. 87 Police Magistrates' Court.. 88 1968 (2nd) c.ll·s.4; 7.

Poll Tax ........................................................ 89 1962 (1st) c.5 repealed ~u~s .......................................................... 90 Presumption of Death .................................. new 1962 (5th) c.5 Protection of Children .................................. 91 Public Health ................................................ 92 1959 (1st) c.8·s.2(g); 3(w); Public Printing ............................................. 93 Public Service .............................................. 94 Public Service .............................................. new Reciprocal Enforcement of Judgment .......... 95 Reciprocal Enforcement of Maintenance Orders .................................. 96 Recording of Evidence by Sound ................ new Regulations .................................................. new Royal Canadian Mounted Police Agreement .. new Sale of Certain Lands (Whitehorse) ............ new Sale of Goods.............................................. 97 Saw Logs Driving ........................................ 98 School .................................................. 99 School ..................................... new Scientists and Explorers ................................ 100 Securities ...................................................... new Social Assistance .......................................... new Societies ..................................................... 101 Steam Boilers ................................................ 102 Student's Grants .......................................... new Survivorship .................................................. new Synod of Diocese of Yukon .......................... new Taxation ........................................................ 103 Taxation ....................................................... new 104 3(

x) added;

Part If; 14; 17. 1961 (1st) c.9·Sched. A 1962 (5th) c.12·s.3(v)(w); 5, 6,7,8,9,10, lOA, lOB added. Repealed 1967 (1st) c.3 1963 (2nd) c.l 1966 (2nd) c.15·s.3 1967 (2nd) c.4 1964 (2nd) c.2 1960 (1st) c.l 1962 (1st) c.7 repealed 1962 (1st) c.7 1964 (1st) c.7-s.88(1); 88(3) (4)(5) added. 1965 (1st) c.3-s. 88A added 1966 (1st) c.5-s.93(d)(e) 1966 (2nd) c.9-s.85 1967 (1st) c.12-s.78(2) 1967 (2nd) c.15-s.97 (2), (3) & (4); 97 (5) & (6) added 1966 (1st) c.2 1967 (2nd) c.5 1967 (1st) c.7-s.36 1967 (1st) c.5 1962 (5th) cA 1963 (1st) c.2 1959 (2nd) c.2 repealed 1959 2nd) c.2 1959 (2nd) c.5-s.2(h) 1960 (1st) c.5-s.3(f) 1961 (1st) cA-s.2(g); 3(f) 3(

j) added; 22 1963 (1st) c.6-s. 73(b) 1966 (2nd) c.6-s.15Aadded; Sched. B added 1967 (1st) c.l0-s.58(2a) added 1967 (1st) c.17-sA2A added; 50(1); 50 A & B added; 58; 58A-B & C added; 59(1) 59(la) added

TABLE OF PUBLIC ORDINANCES SUBJECT MATTER Taxation (cont'

d) R.D. 1958

Chapter No.

AMENDMENTS Tenants in Common .................................... 104 Territorial Employee Superannuation ............ new Trustee ...................... ... ...... . ....................... 105 Unemployment Assistance Agreement .......... new Variation of Trusts .............. . .. new Vital Statistics .... ............. . ...... 106 Vocational Training Agreement .................... 107 Wages Recovery ... . ............................... new Warehousemen's Lien .................................. 108 Whitehorse Land Sale and Loan (1961) ...... new Wills .............................................................. 109 Woodmen's Lien ..... . ........................... 110 Workmen's Compensation ............................ 111 Workmen's Compensation ............................ new Yukon Hospital Insurance Services .............. new Yukon Housing (1961) ................................ new Yukon Housing Loan .................................... new Yukon Labour (Minimum Wages) ................ new Yukon Lands ................................................ 112 Yukon Social Service Society ........................ new 1967 (2nd) c.16-s.42A; 50(1); 50A; SOB; 50C & SOD added; 58; 58A; 58B; 58C; 59(1) & (la) 1963 (1st) c.4 1959 (1st) c.2 1962 (5th) c.6 1964 (2nd) c.3·s. 28(1); 45(g); 46(8) Sched. 1966 (2nd) c.14-s. 30(4a) (4b) added; 30(9) 1967 (2nd) c.1 repealed 1963 (2nd) c.2 1961 (2nd) c.1 1966 (1st) c.12 repealed 1966 (2nd) c.l repealed 1966 (2nd) c.l 1960 (1st) c.2 1961 (2nd) c.3 1962 (1st) c.12·s.3(3)(b) 1964 (1st) c.2-s.3(3)(b) 1965 (2nd) c.8-s.5; 6 1966 (1st) c.9-s.3(3)(b) 1967 (1st) c.13-s_3(3)(b) 1960 (3rd) c.2 1968 (2nd) c.l repealed 1962 (1st) c.l0 105

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1968 THIRD AND FOURTH SESSIONS J. SMITH COMMISSIONER PrInted and f'ubllahed for the Government of Yukon Territory under Authority of

Chapter 93 of the Consolidated Ordinances of 1958 BY H. J. TAYLOR, Queen's Printer

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1968 THIRD SESSION

INDEX 1968 (THIRD SESSION) Chap. Name 1. An Ordinance Rcspccting Lands of the Yukon Territory ..... . 2. An Ordinance to Authorize the Commissioner to Borrow a Sum Not Exceeding Six Hundred Thousand Dollars from the Government of Canada and to Authorize the Commissioner to Entcr into an Agreement Relating thcreto and to Author ize the Commissioner to Enter into an Agreement with the Anvil Mining Corporation Limited for thc Construction of Ccrtain W or ks ................................................................................ - 3.

An Ordinance to Amend the Taxation Ordinancc ................... . 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. 17. 1968 (FOURTH SESSION) An Ordinance to Facilitate the Division of Properties into Parts that are -to be Owned Individually and Parts that are to be Owned in Common and to Provide for the Use and Management of Snch Properties ................................................. .

An Ordinance Respecting the Imposition and Collection of a Tax on Fuel Oil ........................................ _ ................................... _ An Ordinance to Establish the Historic Sites 'and Monu· ments Board of the Yukon Territory ....................................... . Hotels and Tourist Establishments Ordinance ....................... . An Ordinance Respecting Notaries .... _ ............................. / ........ .

An Ordinance to Provide for the Vocational Rehabilitation of Disabled Persons .............................................. _ ................ __ ._ An Ordinance Respecting Agisters and Keepers of Livery, Boarding and Sales Stables ........................................................ _ An Ordinance to Amend the Evidence Ordinance ..... _ ..... _ ...... _ An Ordinance to Amend the Gaols Ordinan'ce ...................... _ An Ordinance to Amend the

Interpretation Ordinance ....... _ An Ordinance to Amend the Judicature Ordinance ......... _ .. __ An Ordinance to Amend the Lcgal Profession Ordinance .. _ An Ordinance to Amend the Loan Agreement Ordinllnee

(1962) No. 1 ................. _ ..... _ .. _._ ........................... _ ....................... _ An Ordinance to Amend the Mining Safety Ordinance ..... __ An Ordinance to Amend the Motor Vehicles Ordinance ....... . An Ordinance to Amend the Municipal Ordinance ............ _._ An Ordinance to Amend the Police Magistrate's Courts Ordinance _ .............................................................................. _ .. __ Page 1 3 5 9 33 39 42 50 55 58 59 60 61 62 63 66 67 80 82 85

LANDS OF THE YUKON TERRITORY

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1968 (Third Session) AN ORDINANCE RESPECTING LANDS OF THE YUKON TERRITORY ( Assented to July 5th, 1968) 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 Yukon Lands Ordinance. 2. In this Ordinance "lands" means lands to which this Ordinance applies. CHAP. 1

Short Title. Land. Defined. 3. This Ordinance applies in respect of Application. (

a) lands acquired before or after the coming into force of this Ordinance, with Territorial Funds; (

b) public lands, the administration of which has, before or after the coming into force of this Ordinance, been transferred by the Governor in Council to the Commissioner; (

c) lands acquired by the Commissioner pursu ant to tax sale proceedings; (

d) all roads, streets, lanes and trails on public lands; and (

e) any other lands that are subject to the con trol of the Commissioner in Council. 4.

(1) The Commissioner may dispose of lands that in Power to the opinion of the Commissioner are not required for public Direct ~~·~~:t~~D purpos~s. (2) All agreements providing for the disposition of lands shall be in writing and shall be signed by the Com missioner and be sealed with the seal of the Territory. 1 Execution of AgreementB.

CHAP. 1 LANDS OF THE YUKON TERRITORY RegulatioDs. 5. The Commissioner may make regulations (

a) providing for the appraisal of lands and for the manner in which such lands are to be offered for sale or other disposition; (

b) prescribing the terms and conditions of any sale, lease or licence to occupy of lands; and (

c) prescribing the fees to be payable to the Commissioner upon any disposition of lands. 6. The Clerk of the Council shall lay before the Territorial Council a copy of every document disposing of lands at the session of the Council next following the date of such document. Repeal. 7. The Yukon Lands Ordinance being

Chapter 112 of the Revised Ordinances of the Yukon Territory, 1968, is hereby repealed. 2

CANADA AND ANVIL AGREEMENTS

CHAPTER 2 ORDINANCES OF THE YUKON TERRITORY 1968 (Third Session) AN ORDINANCE TO AUTHORIZE THE COMMISSIONER TO BORROW A SUM NOT EXCEEDING SIX HUNDRED THOUSAND DOLLARS FROM THE GOVERNMENT OF CANADA AND TO AUTHORIZE THE COMMISSIONER TO ENTER INTO AN AGREEMENT RELATING THERETO AND TO AUTHORIZE THE COMMISSIONER TO ENTER INTO AN AGREEMENT WITH THE ANVIL MINING CORPORATION LIMITED FOR THE CONSTRUCTION OF CERTAIN WORKS (Assented to July 5th, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows: CHAP. 2 1. This Ordinance may be cited as the Canada and

Short Title. Anvil Agreements Ordinance. 2. The Commissioner on behalf of the Yukon Ter- Commissioner may borrow. ritory may borrow from the Government of Canada a sum . not exceeding six hundred thousand dollars. 3. The Commissioner is authorized to enter into and execute on behalf of the Yukon Territory an agree ment with the Government of Canada providing for (

a) the repayment to the Government of Canada Commissioner may execute of the amount borrowed pursuant to

section a~reement with Canada. 2; (

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

section 2; (

c) such other terms and conditions as may be agreed upon by the Commissioner. 3

CHAP. 2 Commissioner may execute agreement with Anvil. CANADA AND ANVIL AGREEMENTS 4. The Commissioner is authorized to enter into and execute on behalf of the Yukon Territory an agreement with the Anvil Mining Corporation Limited providing for the construction on behalf of the Yukon Territory of a public townsite and access road in the Territory. 5. The Commissioner is empowered to do every act and exercise every power for the purpose of implementing every obligation assumed by the Yukon Territory under agreements entered into pursuant to sections 3 and 4 of this Ordinance. 4

TAXATION

CHAPTER 3 ORDINANCES OF THE YUKON TERRITORY 1968 (Third Session) AN ORDINANCE TO AMEND THE TAXATION ORDINANCE (Assented to July 5th, 1968) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the said Territory, enacts as follows:

Section 50 of the Taxation Ordinance is hereby repealed and the following substituted therefor: CHAP. 3 "50.

(1) On or before the first day of February in Rates. each year the Commissioner shall, in accordance with this Ordinance, levy taxes on the assessed value of all real property in the Territory liable to taxation under this Ordinance.

(2) The Commissioner may vary the rate of tax levied under this

section according to the location of the real property to be taxed.

(3) Any order of the Commissioner varying the rate of tax made under subsection (2) of this

section shall be laid before the Council within the first fifteen days of the session next after the date thereof, and if the Council within the period of forty days beginning with the day on which any such order is laid before the Council resolves that it be annulled, it ceases to have effect, but without prejudice to its previous opera tion or anything duly done or forfeiture or punishment incurred." 5

ORDIN ANCES OF THE YUKON TERRITORY PASSED BY THE YUKON COUNCIL IN THE YEAR 1968 FOURTH SESSION

CONDOMINIUM

CHAPTER 1 ORDINANCES OF THE YUKON TERRITORY 1968 (Fourth Session) AN ORDINANCE TO FACILITATE THE DIVISION OF PROPERTIES INTO PARTS THAT ARE TO BE OWNED INDIVIDUALLY AND PARTS THAT ARE TO BE OWNED IN COMMON AND TO PROVIDE FOR THE USE AND MANAGEMENT OF SUCH PROPERTIES (Assented to December 9th, 1968) 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. 1 1. This Ordinance may be cited as The Condomin-

Short Title. ium Ordinance.

INTERPRETATION.

Definitions. 2.

(1) In this Ordinance, (a) "architect" means a person who is author- "Architect." ized to practice as an architect in any province; (b) "board" means the board of directors of a "Board." corporation; (c) "buildings" means the buildings included in "Buildings." a property; (d) "by-law" means a by-law of a corporation; "By·law." (e) "claim" includes a right, title, interest, en- "Claim." cumbrance or demand of any kind affecting land, but does not include the interest of an owner in his unit and common interest; (f) "common elements" means all the property except the units; 9 "Common Elements."

CHAP. 1 "Common }o;x l)enses. I1 "Common ] ntcr~8t.tI "Corpo ration." "Decla· ration," "En· cumbrance." "Lond." "Owner.1t "Plan," '·Property." ·'Registered." "Registrar," "Surveyor," CONDOMINIUM (g) "common expenses" means the expenses of a performance of the objects and duties of a corporation and any expenses specified as common expenses in a declaration or in

section 7; (h) "common interest" means the interest in the common elements appurtenant to a unit; (i) "corporation" means a corporation incorpor ated under this Ordinance; (j) (k) (1) (m) "declaration" means a declaration to which reference is made in

section 6 and includes any amendments thereto; "encumbrance" means a claim that secures the payment of money or the performance of any other obligation and includes a charge, a mortgage and a lien; "land" means land, whether leasehold or in fee simple under the provisions of the Land Titles Act (Canada); "owner" means the owner of the freehold estate or leasehold estate in a unit and common interest, but does not include a mortgage unless the mortgagee is in posses sion; (n) "plan" means the plan to which reference is made in

section 7 and includes any amend ments thereto; (0) "property" means the land and interests appurtenant to the land described in the plan or subsequently added to the common elements; (p) "registered" means registered under the Land Titles Act (Canada) .. (q) "registrar" means a registrar or deputy registrar appointed under the Land Titles Act (Canada) .. (r) "surveyor" means a Dominion Land Survey or; and 10

CONDOMINIUM CHAP. 1 (s) "unit" means a part of the land included in "Unit." the plan and designated as a unit by the plan, and comprises the space enclosed by its boundaries and all the material parts of the land within this space at the time the declaration and plan are registered. 3.

(1) Words and expressions used in this Ordinance, and not defined in

section 2 have the same meanings as assigned to them under the Land Titles Act (Canada).

(2) For the purposes of this Ordinance, the owner ship of, or leasehold interest in, land includes the owner ship of, or leasehold interest in, space. 4. The objects of this Ordinance are to facilitate the division of property into parts that are to be owned or leased individually, and parts that are to be owned or leased in common, and to provide for the use and manage ment of such properties and to expedite dealings therewith; and the Ordinance shall be construed in a manner to give the greatest effect to these objects. 5.

(1) A declaration and plan may be registered by or on behalf of the owner in fee simple, or the lessee, of the land described in the plan.

(2) Upon registration of a declaration and plan, the property described in the plan is governed by this Ordin ance and the registrar shall (

a) issue a certificate of title in the name of the corporation as hereinafter provided, which shall set forth that the certificate of title is issued pursuant to the Condominium Ordin-, ance; (

b) issue a separate certificate of title in the name of each owner for each unit described in the plan which shall set forth the propor tion of the common interest appurtenant to the unit, and that the certificate of title is issued pursuant to the Condominium Ordin ance; (

c) keep an index to be known as "Condominium Corporations Index"; 11 Meaning of other expressioDs. Ownership of space. Objects. Who may register declaration. Effect of registrntioo.

CHAP. 1 CONDOMINIUM Contents of 6. declorntion. (

d) keep a register to be known as "Condo minium Register" in which declarations, plans, by-laws, notices of termination and other instruments respecting land governed by this Ordinance shall be registered, and the registration recorded.

(1) A declaration shall not be registered unless (

a) title to the land described therein is register ed under the Land Titles Act (Canada); (

b) it is executed by the owner or lessee of the property; (

c) it has been approved as to form by the registrar; (

d) it contains the legal description of the land that is the subject of the declaration; (

e) it contains the statement of intention that the land or the leasehold interest therein, and interests appurtenant to the land de scribed in the plan be governed by this Ordinance; (

f) it contains the consent of all persons having registered encumbrances against the land or interests appurtenant to the land describ ed in the plan; (

g) it contains a statement expressed in percent ages allocated to the units of the proportions in which the owners are to contribute to the common expenses and to share in the com mon interest; (

h) it contains a statement expressed in percent ages allocated to the units, of the proportions in which the owners are to contribute to the common expenses and to share in the com mon interest; and (

i) it contains an address for service. Further

(2) In addition to the matters mentioned in sub- ~~~f:~:~i~~. section (1) a declaration may contain (

a) a specification of common expenses; 12

CONDOMINIUM (

b) a specification of any parts of the common elements that are to be used by the owners of one or more designated units and not by all the owners; (

c) provisions respecting the occupation and use of the units and common elements, but no such provision shall discriminate because of the race, creed, colour, nationality, ancestry or the place of origin of any person; (

d) provisions restricting gifts, leases and sales of the units and common interest, but no such provision shall discriminate because of the race, creed, colour, nationality, ancestry or the place of origin of any person; (

e) a specification of the number, qualification, nomination, election, term of office, compen sation and removal of members of the board, and the meetings, quorum, functions and officers of the board; (

f) a specification of the duties of the corpor ation consistent with its objects; (

g) a specification of the majority required to make by-laws of the corporation; (

h) provisions regulating the assessment and collection of contributions towards the com mon expenses; (

i) provisions respecting the priority of a lien for unpaid assessment; (

j) a specification of the majority required to make substantial changes in the common elements and the assets of the corporation; (

k) a specification of any provision requiring the corporation to purchase the units and common interests of 'any owners who dis sented after a substantial addition, alter ation or improvement to, or renovation of, the common elements has been made or after the assets of the corporation have been sub stantially changed; 13 CHAP. 1

CHAP. 1 CONDOMINIUM (

I) a specification of any allocation of the ob ligations to repair and to maintain the units and common elements; (

m) a specification of the percentage of sub stantial damage to the buildings and a specification of the majority required to authorize repairs under

section 20; (

n) a specification of the majority required for a sale of the property or a part of the com mon elements; (0) a specification of the majority required for the termination of the government of the property under this Ordinance; (

p) any other matters concerning the property; or (

q) any or all of such matters. Amendment

(3) All matters contained in a declaration, except of declaration. the address for service, may be amended only with the written consent of all owners, and aB persons having registered encumbrances against the units and common interests. Registration

(4) Where

Document details

Collection	Yukon — Historical Statutes
Citation	Yukon Ord. 1968
Type	statute
Volume / chapter	1968
Language	en
Format	pdf
Source	TERRITORIAL
Identifier	5a944ba00d7550a474a88207b45573f1f7c5f476

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