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Bill 3, Family Law Act

Government Bill

13th Assembly, 4th Session

Introduced on Nov. 30, 1996

Events

Timeline of key legislative events

  • First Reading
    Completed Nov. 29, 1996 (Debate)
  • Second Reading
    Completed Nov. 30, 1996 (Debate | Vote)
  • Third Reading
    Completed Oct. 15, 1997 (Debate)
  • Commissioner's Assent
    Completed Oct. 16, 1997 (Debate)
  • Status

    Bill Text



    Related Votes

    Nov. 30, 1996 Passed Thank you, Mr. Speaker. Mr. Speaker, I move seconded by the honourable Member from Aivilik that Bill 3, Family Law be read for the second time. Mr. Speaker, this bill consolidates and reforms family law legislation in the Territories by: - defining spouse to include both married and common law spouses; - permitting spouses, by domestic contract, to establish rules, other than those set out in the Bill, governing their respective rights and obligations during the relationship and on its breakdown; - permitting persons who are not spouses to enter into parental agreements, a form of domestic contract, governing their respective rights and obligations in respect of a child; - setting out the formal requirements of domestic contracts and the circumstances in which such contracts or their provisions may be disregarded or set aside by a court; - setting out a person's obligation to provide support for his or her spouse and parents; - setting out the objectives and considerations to be taken into account by a court in determining the amount, form and duration of support; - setting out the procedures to apply for, vary and enforce support orders; - recognizing that each spouse is entitled to an equal share of the value of their family property on the breakdown of their relationship, unless the court is satisfied that an equal division would be unconscionable; - providing for the calculation that must be paid to the spouse who owns the lease valuable family property in order to ensure an equal division of the value of such property; - setting out the procedures to apply for, vary and enforce orders respecting a spouse's family property entitlement; - recognizing that each spouse has an equal right to possession of the family home, regardless of the fact that only one spouse may have an interest in the home; - protecting a spouse's possessory right in the family home from compromise by precluding the disposition or encumbrance of the home without that spouse's consent or permission of a court; - providing for the making, variation and enforcement of a court order granting exclusive possession of a family home to one spouse in the appropriate circumstances; - repealing the Matrimony Property Act. Thank you, Mr. Speaker.

    Discussion & Mentions

    Return To Oral Question 592-13(4): Calculation Of Gold Royalties
    Revert To Item 4: Returns To Oral Questions

    October 16th, 1997

    Page 1641


    See context

    Commissioner Maksagak

    As Commissioner of the Northwest Territories, I am pleased to assent to the following bills:

    Bill 3, Family Law Act; Bill 4, Children's Law Act; Bill 6, Child and Family Services Act; Bill 15, An Act to Amend the Workers' Compensation Act; Bill 19, Municipal Statutes Amending Act No. 2; Bill 20, An Act to Amend the Property Assessment and Taxation Act; Bill 21, An Act to Amend the Companies Act; Bill 22, An Act to Amend the Corrections Act; Bill 23, An Act to Amend the Elections Act; and Bill 25, Supplementary Appropriation Act No. 2, 1997-98.

    The Fourth Session of the 13th Legislative Assembly commenced on November 27, 1996, almost a year ago. It has been a long session and much has been accomplished. Even though many challenges remain, I urge all Members to take some time to reflect with pride on their achievements to date. Prior to proroguing this session, I wish to announce that the Fifth Session of the 13th Legislative Assembly will convene Tuesday, October 21, 1997 at 1:30 p.m. As Commissioner of the Northwest Territories, I hereby prorogue the Fourth Session of the 13th Legislative Assembly.

    --PROROGATION

    Bill 3: Family Law Act
    Item 21: Third Reading Of Bills

    October 14th, 1997

    Page 1613


    See context

    Kelvin Ng Kitikmeot

    Mr. Speaker, I move, seconded by the honourable Member for Aivilik that Bill 3, Family Law Act be read for the third time.

    Bill 3: Family Law Act
    Item 18: Second Reading Of Bills

    November 29th, 1996

    Page 102


    See context

    Kelvin Ng Kitikmeot

    Thank you, Mr. Speaker. Mr. Speaker, I move seconded by the honourable Member from Aivilik that Bill 3, Family Law be read for the second time. Mr. Speaker, this bill consolidates and reforms family law legislation in the Territories by:

    - defining spouse to include both married and common law spouses;

    - permitting spouses, by domestic contract, to establish rules, other than those set out in the Bill, governing their respective rights and obligations during the relationship and on its breakdown;

    - permitting persons who are not spouses to enter into parental agreements, a form of domestic contract, governing their respective rights and obligations in respect of a child;

    - setting out the formal requirements of domestic contracts and the circumstances in which such contracts or their provisions may be disregarded or set aside by a court;

    - setting out a person's obligation to provide support for his or her spouse and parents;

    - setting out the objectives and considerations to be taken into account by a court in determining the amount, form and duration of support;

    - setting out the procedures to apply for, vary and enforce support orders;

    - recognizing that each spouse is entitled to an equal share of the value of their family property on the breakdown of their relationship, unless the court is satisfied that an equal division would be unconscionable;

    - providing for the calculation that must be paid to the spouse who owns the lease valuable family property in order to ensure an equal division of the value of such property;

    - setting out the procedures to apply for, vary and enforce orders respecting a spouse's family property entitlement;

    - recognizing that each spouse has an equal right to possession of the family home, regardless of the fact that only one spouse may have an interest in the home;

    - protecting a spouse's possessory right in the family home from compromise by precluding the disposition or encumbrance of the home without that spouse's consent or permission of a court;

    - providing for the making, variation and enforcement of a court order granting exclusive possession of a family home to one spouse in the appropriate circumstances;

    - repealing the Matrimony Property Act.

    Thank you, Mr. Speaker.

    Bill 3: Family Law Act
    Item 14: Notices Of Motion

    November 28th, 1996

    Page 78


    See context

    Kelvin Ng Kitikmeot

    Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the honourable member for Aivilik that Bill 3, Family Law Act, be read for the first time. Thank you, Mr. Speaker.