ORDINANCES of the YUKON TERRITORY passed by the Yukon Council In the Year 1978 FIRST SESSION March 2nd, 1978 to June 29th. 1978 A.M. Pearson. Commissioner PriDted and Pabliabed for till GoY .....at of IUOD md.r AIItIIoritJ of Osapter P-9 of U. Rniud OrdiDaDOe. of U. IIIhn t.rritorr. 1971, bJ H.D. Spn" QIIND'. PrlDter. OROINANCES OF THE YUKON TERRITORY 1978 {First Session) CHAPTER NO. PAGE NO. Pioneer Utility Grant Ordinance 2 An Ordinance Respecting the 4 Council of the Yukon Territory 3 Community Assistance Ordinance 17 (An Ordinance to Amend) 4 Elections Ordinance 18 (An Ordinance to Amend) 5 Highways Ordinance 19 (An Ordinance to Amend) 6 Home Owners Grant Ordinance 20 (An Ordinance to Amend) 7 r~edical Profession Ordinance 21 (An Ordinance to Amend) 8 Mining Safety Ordinance 24 (An Ordinance to Amend) 9 Stabilization Fund Loan Ordinance 26 (An Ordinance to Amend) 10 Students' Financial Assistance Ordinance 27 (An Ordinance to Amend) I 11 Taxation Ordinance 35 (An Ordinance to Amend) 12 Tobacco Tax Ordinance 36 (An Ordinance to Amend) 13 N.C.N.~. An Ordinance to Open a Certain Portion 37 of Land in the City of Whitehorse 14 N.C.N.R. Dawson City Utilities Replacement Ordinance 38 15 N.C.N.R. Special Rural Development Agreement 44 (Special ARDA) Ordinance 16 N.C.N.R. Third Appropriation Ordinance, 1976-77 45 17 N.C.N.R. Fourth Appropriation Ordi~ance. 1977-78 47 18 N.C.N.R. First Appropriation Ordinance, 1978-79 49 19 N.C.N.R. Financial Agreement Ordinance, 1978 51 20 N.C.N.R. Loan"Agreement Ordinance (1978) No. 1 54 ?1 N.C.N.R. Municipal General Purposes Loan Ordinance 55 Table of Consol idated Ord,inances 58 EXPLANATORY NOTE The 197, First Session'of'ehe L~gis1ative Assembly adjourned June 29th, 1978, f!.,ny ~dditional legislation that may be enacted prior t9 pror09atipn of the 1978 First Session will be contained in subsequent volumes of the Sessional Ordinances for the 1978 Fir~t Ses~ion. ORDINANCES OF THE YUKON TERRITORY 1978 (First Session) PIONEER UTILITY GRANT ORDINANCE (Assented to June 29, 1978) '. ~. !. f . The Commi s s i oner of the Yukon Terri tory" br and wHh' the adyice'and consent of the Council of the said Territory, enacts as fpllows: 1.(1) This Ordinance may be cited as the ?io':eel' UtHity Gl':uzt OrdiPlance. 2,(1) In this Ordinance: "Di rector" means tha t person a 11 oca ted to the Schedul e of position classes under the !':IOUC SCJ"IJice C"T"T"IissioT! OrdiPUlllce as the Di rector of Human Resources; "principal residence" means the nomal place of residence in Yukon of an applicant. 3.(1) Th~ COlmlissioner shall pay a pioneer grant in the, amount of three hundred dollars each year to every appl1can,t , who qualifies for that grant pursuant to this Ordinance. 4.(1~ To qualify for a pioneer grant pur~~ant to this Ordinance. a~ applicant shall: (a) have attained the age of sixty-five years or" more on the thirty-first day of December of the year in respect of which the pioneer grant is to be paid; (b) have (or whose spouse living with the applicant has) owned or rented his or her principal residence for the year in respect of which the pioneer grant is to be paid; and (c) during the year in respect of which the appli­ cation is made have occupied his or her principal residence for a total period of not less than , 183 days, 90 of which days occurred during the wi nter months ~ a.l) In this section the expression "winter months" means th~ months of January, February, ~larch, October, November and December. (2) Notwithstanding subsection (1), an applicant who: (a) is the surviving spouse of a person who had qualified or. were it not for his or h~r death, would have qualified for a pioneer grant pursuant to this Ordinance; and - 1 - PiOPleel' Utility r"vnt Orv:J.irro1l(!e Chp. 1 (~) is si~ty years of age or more on or before the thirty-first day of December of the ~ear in respect of'\~hich the pioneer grant is to be pa~d, : ha 11 Je deemed to qua 1i fy for a pi oneer grant pursuant co this Ordinan'ce. (3) {Ir applicant who is deemed to have ~ualifiect for" pjo!leell l)r'ant pursuant to this Ordinance in any one ye~r shall be (t'emed to qual i fy as an appl icant for a pioneer 9p:ant in i ny subsequent year notwithstanding that he or ~h, has, rot ilttained the age of si~ty-five years, prqvided that t~e re-qu'irements of paragraphs 4(1 )(b) and (c) are sathfied. ~.(1) !,ubject to subsection (3). every application for a pioneer £rant shall be made to the Director in the prescribed fonn en 01' after the first dilY of October, but no~ later than the 1:hirty-first day January of the year for rh1Ch the rrilnt is to be made. (2) the Director may require proof or corroboration of any of the particulars required to be provided with an application. 0) 11? Director may extend the time for the submission of an alplication in respect rf any applicant who satisfies the ['ireetor that, for reason:. beyond the control of the applicant, the application could not be made within the '. ' period of time referred to in subsection (1). ~. (1) A, a~plicant who is quaiified to receive a pioneer grant p~rsuant to this Ordinance shall not be eligible to receive m ,:"'e ttan one pioneer glart in anyone year. (2) Only one pioneer grant is payable in anyone year in respect of a principal residence. 7. ( 1 ) ~I pioneer grant is capable of being assigned or garnisheed. a ld the Commissioner is not bound by any purported assignment. 8. (1 ) NJtwithstanding section 4. no pioneer grant shall be paid where the principal residence of the applicant is subsidized b.' or benefi ts from any on-goi ng program of the Goverflm~"t; of Canada or the Government of Yukon which provides for r. :duced cos t of she 1ter or occupancy. other than: (; ) .1 grant pursuant to the Home Owners' Grant O1'dinance; (t) ;Iny benefits under utility equali'zation programs; (c) a program administered by a municipality; " or (d) any program listed in the schedule to th~ regulations. - 2 - Pio'leel' Ut i li ty Glunt (lrdinallce Chp. 1 (2) Notwithstanding section 4, no applicant shall be deemed . to be ineligible for the pioneer grant merely on the grounds of receiving any other grant of universal application. 9.(1) The Commissioner may make regulations (a) prescribing the form and manner of completing any app1ication~ (b) specifying any information which may be required in respect of the app1ication~ or (c) prescribing a schedule listing programs which provide for reduced cost of shelter or,occupancy. - 3 - ORDINANCES OF THE YUKON TERRITORY 1978 (First Session) AN ORDINANCE RESPECTING THE COUNCIL OF THE YUKON TERRITORY (Assented to June 20 th, 1978) The Commissioner of the Yukon Territory, by and with the advice and consent of the Council of the 'said Territory, enacts as follows: 1.(1) This Ordinance may be ci ted as the Y:.ko,: :"c>unciZ . Short title Ordinance. I NTERPRETA nON 2. (1) In this Ordinance Inter­ "Counci 1" means the Council of the Yukon Territory pretation established pursuant to the Yukon Act; "Executive Committee" means the Executive COrmlittee of the Yukon Territory; COMPOSITION AND DURATION 3. (1) The Council shall be composed of members elected in Compo­ sition the manner provided by the EZections ~dinance. 1977. one to represent each of the electoral districts established by the EZectoraZ District Boundaries ~dinance. 4. (1) At the prorogation of a Council, it is not necessary Proro­ to name any day to which it is prorogued, nor to issue gation a Proclamation for a meeting of the Council, unless it is intended that the Council meet for the dispatch of business. QUALIFICATIONS AND DISQUALIFICATIONS 5. (1) Any person who would be entitled to vote at an ~lection Person entitled of members of the Council pursuant to the EZections to vote ~dinance. 1977. shall be eligible for nomination and as elector eligible election as a member of the Council unless disqualified as member under this or any other Ordinance. - 4 - An ,'J},Ji'lallc'e Rep/'ac't in,.' t.iJe :'u/lr.:"~ ~ r>/ tile' }'ukc>': Tc"!~i ~OJ'"' MelT'ber of 6. (1 ) A member of the Senate or of the House of Commons of Senate or Canada or of the legislative assembly of any province House of COlllTlJns or or of the Council of the Northwest Territories, is other Assembly not eligible to be a member of the Council. not eligible Member who (2) A member of the Council who sits or votes as a member sits in of the Senate or of the House of COIIVI1ons of Canada or Senate or House of of the legislative assembly of any province or of the Conmons or Council of the Northwest Territories. becomes ineligible other Assembly becomes dis­ to be a member of the Council or to sit or vote in the qual1fied Council. I nter­ 7. (1) For the purposes of this section and section 8 pretation "Government" includes any department. minhtry, branch. board. commission or agency of the government. Persons (2) A person who accepts or holds any office. commission or holding employment in t~e service of.