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YUKON ACT


(RSC 1985 c Y-2)

    Note - The Revised Statutes, 1985 came into force on December 12, 1988. Only sections pertaining to Prisons and Reformatories are reproduced.

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An Act respecting the Yukon Territory


SHORT TITLE
 
1. Short title - This Act may be cited as the Yukon Act.
R.S., c. Y-2, s. 1.
 
INTERPRETATION
 
2. Definitions - In this Act,
 
                 
 
  "Commissioner" means the Commissioner of the Yukon Territory;
  "Commissioner in Council" means the Commissioner acting by and with the advice and consent of the Council;
 
                 
 
  "Council" means the Council of the Yukon Territory;
  "Court" means the Supreme Court of the Yukon Territory;
 
                 
 
  "ordinance" includes an ordinance of the Territory passed before, on or after April 1, 1955;
  "public lands" means any land, and any interest in any land, in the Territory that belongs to Her Majesty in right of Canada or of which the Government of Canada has power to dispose;
 
                 
 
  "Territory" means the Yukon Territory, comprising the area described in Schedule 1.
 
                 
 
R.S., 1985, c. Y-2, s. 2; 1993, c. 41, s. 15; 1998, c. 5, s. 2.
 
PART I
GOVERNMENT
 
                 
 
Legislative Powers of Commissioner in Council
 
17. (1) Legislative powers - The Commissioner in Council may, subject to this Act and any other Act of Parliament, make ordinances for the government of the Territory in relation to the following classes of subjects:
 (a) direct taxation within the Territory in order to raise a revenue for territorial, municipal or local purposes;
 (b) the establishment and tenure of territorial offices and the appointment and payment of territorial officers;
 (c) municipal institutions in the Territory, including municipalities, school districts, local improvement districts and irrigation districts;
 (d) election of members of the Council and controverted elections;
 (e) the licensing of any business, trade, calling, industry, employment or occupation in order to raise a revenue for territorial, municipal or local purposes;
 (f) the incorporation of companies with territorial objects, including tramways and street railway companies but excluding railway, steamship, air transport, canal, telegraph, telephone or irrigation companies;
 (g) the solemnization of marriage in the Territory;
 (h) property and civil rights in the Territory;
 (i) the administration of justice in the Territory, including the constitution, maintenance and organization of territorial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts;
 (j) the establishment, maintenance and management of prisons, jails or lock-ups designated as such by the Commissioner in Council under paragraph 43(b), the duties and conduct of persons employed therein or otherwise charged with the custody of prisoners, and all matters pertaining to the maintenance, discipline or conduct of prisoners including their employment outside as well as within a prison, jail or lock-up;
 
                 
 
 (u) the imposition of fines, penalties, imprisonment or other punishments in respect of the contravention of the provisions of any ordinance; and
 
                 
 
R.S., 1985, c. Y-2, s. 17; 1993, c. 41, s. 16; 1998, c. 5, s. 3.
 
                 
 
PART II
ADMINISTRATION OF JUSTICE
 
 
                 
 
Confinement of Prisoners
 
43. Prisons in the Territory - The following places in the Territory are prisons, jails or lock-ups for the confinement of persons charged with the commission of any offence under a statute, ordinance or other law in force in the Territory or sentenced thereunder to a term of imprisonment not exceeding two years:
 (a) every guardhouse, guardroom or other place of confinement that is maintained or managed by the Royal Canadian Mounted Police; and
 (b) every building or part thereof or other enclosure, other than those referred to in paragraph (a), that is designated as a prison, jail or lock-up for the purposes of this section and section 44 by the Commissioner in Council.
R.S., c. Y-2, s. 44.
 
44. Custody of R.C.M.P., where no prison - Where it is impossible or inconvenient, by reason of absence or remoteness, to confine a person referred to in section 43 in a prison, jail or lock-up, the person may be sentenced or directed by a judge of the Court, police magistrate or justice of the peace, as the case may be, to be placed and kept in the custody of the Royal Canadian Mounted Police.
R.S., c. Y-2, s. 44.
 
45. Regulations respecting R.C.M.P. confinement places - The Governor in Council may make rules and regulations for the management, discipline and policy of guardhouses, guardrooms or other places of confinement referred to in paragraph 43(a), for the duties and conduct of persons employed therein or otherwise charged with the custody of prisoners and for all matters pertaining to the maintenance, discipline or conduct of prisoners including their employment outside as well as within a guardhouse, guardroom or other place of confinement.
R.S., c. Y-2, s. 45; 1974, c. 5, s. 6.
 
                 
 
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