This is page numbers 1075 - 1108 of the Hansard for the 12th Assembly, 7th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

Topics

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1097

An Hon. Member

Clause by clause.

Clause By Clause

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

There is a request to go clause by clause, we shall go clause by clause. Clause 1.

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Clause 2.

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1098

Some Hon. Members

Agreed.

---Agreed

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Clause 3.

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1098

Some Hon. Members

Agreed.

---Agreed

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

The bill as a whole.

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1098

Some Hon. Members

Agreed.

---Agreed

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Does the committee agree that Bill 16 is ready for third reading?

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1098

Some Hon. Members

Agreed.

---Agreed

Bill 16: An Act To Amend The Retirement Plan Beneficiaries Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Bill 16 is now ready for third reading. I want to thank the Minister and the witnesses for appearing before the committee.

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Now we will be dealing with Bill 27, An Act to Amend the Land Titles Act. The Honourable Stephen Kakfwi, the Minister, are you ready for opening remarks?

Minister's Introductory Remarks

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Thank you, Mr. Chairman. The primary purpose of this bill is to allow the transfer of documents into the land titles system where these documents are presently filed with a government department administering land, but the documents do not meet the current requirements of the Land Titles Act.

These changes are now essential because of this government's obligation under the Nunavut land claims agreement to transfer most of the land within the built up area of each municipality to the municipality. These transfers are to be subject to the existing interests of third parties and, in fact, much of this land has been leased to residents and businesses in the community. The department administering the lease has allowed those who have had dealings with the lessee, for example, a mortgagee or a person taking an assignment of the lease, to deposit their documents in the government files. Since the land is not within the land titles system, most of these documents were not drafted to comply with the requirements of the Land Titles Act and, therefore, cannot presently be registered.

These amendments to the act would change some of these requirements and add some new options in order to provide a means by which officials of the Department of Municipal and Community Affairs may transfer documents on their records to the land titles office without the active participation of the owners of the third-party interests. At the same time, the amendments are drafted to ensure that the priority and validity of each of these interests is maintained and the integrity of the land title system is not compromised.

Those amendments which have been included in the bill but which are not related to the primary purpose of the bill are either technical changes in keeping with developments in the general law in this area or are of a housekeeping nature. A draft of this bill was circulated to those directly affected by the proposed changes. Response has been positive with the only alterations on the draft bill being technical changes to clarify the intent of certain sections. I would be pleased, once again, to respond to questions that Members may have, with the help of my officials. Thank you.

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. On behalf of the Standing Committee on Legislation, I would like to ask Mr. Whitford, do you have any opening comments?

Standing Committee On Legislation Comments

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tony Whitford

Tony Whitford Yellowknife South

Thank you, Mr. Chairman. There's been a number of difficulties in bringing Nunavut lands into the land titles system. The difficulties arise while attempting to transfer interests that are on record in the territorial lands system and put them in the land titles system. The amendments contained in Bill 27 are intended to deal with the problems that have been encountered when attempting to bring instruments and other registrations from one system to the other.

The committee supports the amendments which allow for the transfer of documents from one system to another while ensuring that third-party interests are preserved and the integrity of the land titles system is protected. On March 29, 1995, the committee passed a motion that Bill 27, An Act to Amend the Land Titles Act, was ready for consideration in committee of the whole. That's the end of our report, Mr. Chairman.

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. I would now like to ask the Minister to bring in his witnesses if he so wishes. Do we have the concurrence of the committee that the honourable Minister shall bring in his witnesses?

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Some Hon. Members

Agreed.

---Agreed

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Proceed. Mr. Minister, for the record, please introduce your witnesses to the committee.

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. Chairman, on my right, Diane Buckland, legislative council. On my left, Gary MacDougall, director of legal registries.

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. Do we have general comments from the floor? Mr. Zoe.

General Comments

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Henry Zoe

Henry Zoe North Slave

Mr. Chairman, if I could ask how the interim action affects the amendments that are being proposed.

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair John Ningark

Thank you. The honourable Minister.

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Stephen Kakfwi

Stephen Kakfwi Sahtu

Mr. MacDougall will answer the question.

Bill 27: An Act To Amend The Land Titles Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Macdougall

I'm sorry, Mr. Chairman, I didn't quite catch the question.