Committee Motion 53-12(6): To Amend Clause 7 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
Dennis Patterson Iqaluit
Mr. Chairman, I would just like to make a brief comment here. I would like to thank the Minister and his staff for the work that was put into this amendment and the other two amendments, which have completely satisfied the concerns I expressed in discussing the bill under general comments, when it was first introduced.
I'm very pleased with these amendments and I thank the Minister for bringing them forward. Thank you.
Committee Motion 53-12(6): To Amend Clause 7 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Thank you, Mr. Patterson, for the positive note. To the motion.
Committee Motion 53-12(6): To Amend Clause 7 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
An Hon. Member
Question.
Committee Motion 53-12(6): To Amend Clause 7 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Question has been called. All those in favour? All those opposed? Motion is carried.
---Carried
Clause 7, as amended.
Committee Motion 53-12(6): To Amend Clause 7 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
Some Hon. Members
Agreed.
---Agreed
Committee Motion 53-12(6): To Amend Clause 7 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Thank you. Clause 8 of Bill 3. Mr. Minister.
Committee Motion 54-12(6): To Amend Clause 8 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
Stephen Kakfwi Sahtu
Mr. Chairman, I have a motion that clause 8 of Bill 3 be amended by:
(a) striking out "represented person" wherever it occurs in clauses (1) and (2) and by substituting "person in respect of whom the application is made";
(b) repealing clauses (1)(a)(ii) and by substituting the following:
(ii) will act, in accordance with this Act, on behalf of the person in respect of whom the application is made;
(c) striking out "person who is the subject of the application" in clause (1)(a)(iv) and by substituting "person in respect of whom the application is made";
(d) adding the following after clause (1):
(1.1) When appointing a guardian, the court shall give special consideration to
(a) the existence and closeness of the family relationship, if any, between the person proposed as guardian and the person in respect of whom the application is made; and
(b) the wishes of the person in respect of whom the application is made, if they can be ascertained.
(e) striking out clause (3) and by substituting the following:
(3) The court may require a person proposed as guardian to attend and answer questions relating to the requirements of paragraph (1)(a) and to the matters referred to in subsection (1.1).
Committee Motion 54-12(6): To Amend Clause 8 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Thank you. There is a marginal note before (1.1) "special considerations" and there is also a marginal note, "attendance of proposed guardian" before (3). The motion is in order. To the motion.
Committee Motion 54-12(6): To Amend Clause 8 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
An Hon. Member
Question.
Committee Motion 54-12(6): To Amend Clause 8 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Question has been called. All those in favour? All those opposed? Motion is carried.
---Carried
Clause 8, as amended.
Committee Motion 54-12(6): To Amend Clause 8 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
Some Hon. Members
Agreed.
---Agreed
Committee Motion 54-12(6): To Amend Clause 8 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Thank you. Clause 9.
Committee Motion 54-12(6): To Amend Clause 8 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
Some Hon. Members
Agreed.
---Agreed
Committee Motion 54-12(6): To Amend Clause 8 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Clause 10. Mr. Minister.
Committee Motion 55-12(6): To Amend Clause 10 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
November 1st, 1994
Page 696
Stephen Kakfwi Sahtu
I move that clause 10 of Bill 3 be amended by adding the following after clause 10(1):
(1.1) When determining whether an adult is in need of a guardian under subsection (1), a court shall only consider whether the adult is, by himself or herself, able to understand the information and to appreciate the matters referred to in subparagraph 7(1)(b)(ii), and whether the adult will substantially benefit from the guardianship order.
Committee Motion 55-12(6): To Amend Clause 10 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Thank you. Mr. Minister, I want to remind you that you should also read the margin notes when you read amendments. In this case, it is "in need of a guardian." The motion is in order. To the motion.
Committee Motion 55-12(6): To Amend Clause 10 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
An Hon. Member
Question.
Committee Motion 55-12(6): To Amend Clause 10 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 696
The Chair John Ningark
Question has been called. All those in favour? All those opposed? Motion is carried.
---Carried
Clause 10, as amended.
Committee Motion 55-12(6): To Amend Clause 10 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 697
Some Hon. Members
Agreed.
---Agreed
Committee Motion 55-12(6): To Amend Clause 10 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 697
The Chair John Ningark
Thank you. Clause 11.
Committee Motion 55-12(6): To Amend Clause 10 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 697
Some Hon. Members
Agreed.
---Agreed
Committee Motion 55-12(6): To Amend Clause 10 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 697
The Chair John Ningark
Thank you. Clause 12 of Bill 3. Mr. Minister.
Committee Motion 56-12(6): To Amend Clause 12 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 697
Stephen Kakfwi Sahtu
I move that clauses 12(1)(a) and (b) of Bill 3 be amended by striking out "the ability" and by substituting "the ability, by himself or herself or with assistance,".
Committee Motion 56-12(6): To Amend Clause 12 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 697
The Chair John Ningark
Thank you. The motion is being circulated to Members of committee of the whole.
The motion is in order. To the motion.
Committee Motion 56-12(6): To Amend Clause 12 Of Bill 3, Carried
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 697
An Hon. Member
Question.
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