Thank you. Clause 58. Mr. Koe.
Debates of March 2nd, 1994
Topics
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Fred Koe Inuvik
A slight clarification on the same clause, 9, 58-9, subsection 11 and 12, where it says, if a sheriff wants to secure a private dwelling, the sheriff has authority from the Supreme Court to break open a door and clause 12 says, "a person so doing will ensure that the building is properly secured." Am I reading that verbatim? Does that mean what it says, that a sheriff can break open a door of a private house and secure it somehow if they say they rescind or neglect to pay their mortgage and the bank wants to take their house?
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. Mr. Minister, does the current situation of the country allow this?
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Stephen Kakfwi Sahtu
Mr. Chairman, as I understand it, this part of the legislation only reflects what already exists in law for the sheriff to do in the Seizures Act. These are carried out usually under orders of a judge. We are not creating new powers here.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. Mr. Koe.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Fred Koe Inuvik
Just for clarification, it can only happen with a Supreme Court order.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. Mr. Minister.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Stephen Kakfwi Sahtu
I am advised that if it is for a dwelling house, you need a court order, but not for a place of business.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. Clause 58. Agreed?
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Some Hon. Members
Agreed.
---Agreed
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. Clause 58.1. Agreed?
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
March 1st, 1994
Page 484
Some Hon. Members
Agreed.
---Agreed
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Mr. Whitford.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Tony Whitford Yellowknife South
Thank you, Mr. Chairman. I was curious about the definition of a "mobile home" under 58.1(1). It says that mobile home means, under subsection (a), "a vacation trailer." It goes on to list other things. I wonder why vacation trailers are considered to be mobile homes. It is stretching it a bit that this would be used as a permanent residence to, as it says here, provide accommodations, but that is only on a temporary basis. It would be stretching the imagination a bit to consider that to be a mobile home in the terms that one understands what a mobile home is. I just wonder why it was included in that and not something more in line with a recreational vehicle or some term like that. Thank you.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. I am sure there is a legal definition for this. Mr. Minister.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Buckland
Thank you, Mr. Chairman. This provision captures vacation trailer to make sure that it is dealt with more carefully than another vehicle. For instance, because it is possible that someone may be living in it and using it as a temporary residence or even as a full-time residence. Clause 58.1 allows you to seize mobile homes, but under stricter requirements than what are required to seize a car, for instance. It is just to safeguard anything where someone might be living in it. Thank you, Mr. Chairman.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. Section 58.1. Mr. Whitford.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Tony Whitford Yellowknife South
Thank you, Mr. Chairman. Yes, by the way I understand it. It says they are either on wheels or being towed or carried. That means a camper as well. I hardly think that would come under the same provisions as a mobile home where you have to have certain protections for occupants more so than something that is fairly tangible like a truck or snowmobile or four wheeler. This, I believe, from what I read here, would include the slide-on camper on the back of a truck. It doesn't designate as to what size either, because they come in a variety of sizes, very small ones that just occupy the back of a truck only suitable for hunting or short vacation to the very large ones. Nonetheless, they are still slide-on recreational purposes primarily.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. Mr. Minister.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
The Chair John Ningark
Thank you. Ms. Buckland, go ahead.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 484
Buckland
Thank you, Mr. Chairman. In reading subsection 2, I think it makes it somewhat clearer. I apologize for not making it clearer before. Subsection 2 says that where a mobile home is seized, the special provisions prevail, if the mobile home is occupied by the debtor or any other person and fails to give it up willingly. So, if you had a vacation trailer and if it was unoccupied, you could seize it as you would a car. If you had a vacation trailer or anything on wheels, as you describe, Mr. Whitford, and if someone was occupying it, then you would have to use the special provisions. Thank you, Mr. Chairman.
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 485
The Chair John Ningark
Clause 58.1 is agreed?
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 485
Some Hon. Members
Agreed.
---Agreed
Bill 7: Personal Property Security Act
Item 18: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 485
The Chair John Ningark
Qujannamiik. Clause 59.