Thank you, Mr. Chairman. Seeing that there are concerns from a few Members with regard to these particular bills not being given to us in advance to be able to pursue them and to note the committee's comments, I would like to request that we report progress and leave these on the order paper until we come back. Thank you.
Debates of Dec. 10th, 1992
Topics
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Jeannie Marie-Jewell Thebacha
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
There is a motion on the floor to report progress. This motion is not debatable. All those in favour? All those opposed? Motion is defeated. General comments. Mr. Arvaluk.
---Defeated
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
James Arvaluk Aivilik
Mr. Chairman, I think I was misunderstood. I am not talking about this particular bill. It would have been helpful to be able to view the committee chairman's remarks, as is done with Agencies, Boards and Commissions. They have reports that they give to us. I am just stating that if we were to receive the chairperson's remarks in advance it would be helpful. Thank you.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Thank you, Mr. Arvaluk. I am sure the Chairman of the Standing Committee on Legislation is taking that concern into account. Mr. Arngna'naaq.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Silas Arngna'naaq Kivallivik
Thank you, Mr. Chairman. I would have no difficulty in giving Members of the committee the comments that I will be making on any bills.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Thank you. General comments. Does this committee that we go clause by clause? Agreed?
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Some Hon. Members
Agreed.
---Agreed
Clause By Clause
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Thank you. Clause 1. Agreed?
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Some Hon. Members
Agreed.
---Agreed
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Thank you. Clause 2. Agreed?
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Some Hon. Members
Agreed.
---Agreed
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Thank you. Clause 3. Agreed?
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Some Hon. Members
Agreed.
---Agreed
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Member for Thebacha.
General Comments
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Jeannie Marie-Jewell Thebacha
Mr. Chairman, I would like to make a few general comments. I do not think we were given that opportunity. Mr. Chairman, I have a few questions with respect to this particular bill. I would like to ask the Minister what process is now used by the public trustee in regard to estates.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Mr. Minister.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Stephen Kakfwi Sahtu
Mr. Chairman, where there is a deceased person and there needs to be some action taken to decide what to do with the properties, and assets of the deceased person, usually the R.C.M.P. or a government official from the community contacts the public trustee. Where there is no one designated, the public trustee acts in the capacity that his office holds. There is no written procedure for getting that into force. That is generally the procedure that is used, as far as I know.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Thank you. Member for Thebacha.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
Jeannie Marie-Jewell Thebacha
I would like to ask the Minister, what is the time frame that is currently in place and that is experienced by the public trustee when dealing with estates?
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 439
The Chair Ludy Pudluk
Thank you. Mr. Minister.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 440
Stephen Kakfwi Sahtu
Mr. Chairman, I do not know the varying time frames, for instance, the average time that it takes for a public trustee to begin initiating a process to deal with an estate, and the time that the public trustee takes to complete the transaction. I know that it does vary. It is in the period of a year to a number of years before it is completed.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 440
The Chair Ludy Pudluk
Thank you. Member for Thebacha.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 440
Jeannie Marie-Jewell Thebacha
Mr. Chairman, this bill allows for possible waiving or remitting of a fee which is prescribed or determined under the regulations where the public trustee or designate considers that the imposition of the bill could cause hardship or unfairness in the circumstances. Could the Minister indicate to me the percentage or the current rate of the fee that the public trustee imposes on an estate?
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 440
The Chair Ludy Pudluk
Mr. Minister.
Committee Motion 67-12(3): To Adopt Recommendation No. 2
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 440
Stephen Kakfwi Sahtu
Mr. Chairman, I cannot provide the Member with that information at this time. I do know that the fee which is charged by the public trustee varies according to the nature of the estate, the individual and circumstances involved with the estate. As far as I know it has been largely modeled on a schedule, a calculation that was set down by former trustees who used it based on what they saw taking place in other parts of the country. It has been used and accepted by judges of the Supreme Court to whom these were submitted.