Motions. Mrs. Groenewegen.

Thank you. The member for Hay River is seeking unanimous consent to deal with this motion today. Do we have any nays? There are no nays. Mrs. Groenewegen you have unanimous consent.

Thank you, Mrs. Groenewegen. Your motion is in order. To the motion. Question has been called. Mr. Morin.

Thank you, Mr. Speaker. May I request a recorded vote? Thank you.

Thank you. There is a request for a recorded vote. All those in favour. All those in favour, please stand.

Mrs. Groenewegen, Mr. Steen, Mr. Ningark, Mr. Barnabas, Mr. Enuaraq, Mr. Picco, Mr. O'Brien, Mr. Krutko, Mr. Rabesca, Mr. Roland, Mr. Miltenberger, Mr. Ootes, Mr. Erasmus, Mr. Henry, Mr. Ng. Mrs. Thompson, Mr. Antoine, Mr. Kakfwi, Mr. Morin, Mr. Todd, Mr. Arlooktoo, Mr. Dent.

All those opposed please stand. All those abstaining please stand. The vote is 22 for, none against, and no abstentions either. This motion is carried unanimously.

-- Carried

Motions. First reading of bills. Mr. Erasmus.

Mr. Speaker, I seek unanimous consent to return to Item 13, tabling of documents.

Thank you. The member for Yellowknife North is seeking unanimous consent to return to Item 13. Do

we have any nays? There are no nays. Mr. Erasmus, you have unanimous consent.

Thank you, Mr. Speaker. I would like to table this document, Tabled Document 19-13(4), entitled Importance of Education. It includes a letter from myself to ordinary members, as well as some sample reports showing the need for education. Some of the reports cited are Time and Assistance, the Study of Patterns of Welfare Use in the NWT from 1991; also from Nunavut, the Unified Human Resources Development Strategy 1996; and the NWT Labour Survey 1989; and the Aurora College Corporate Plan; A Snapshot of the Western NWT labour market 1996; and also from the Canadian Fact Book on Poverty in 1989. Thank you.

Tabling of documents. Second reading of bills. Mr. Ng

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.

Thank you, Mr Ng. Your motion is in order to the principle of the bill. Question is being called. All those in favour. All those opposed. Motion is carried. Bill 3 has had second reading.

-- Carried

Second reading of bills. Mr. Ng.

Thank you, Mr. Speaker. I move, seconded by the honourable Member for Nahendeh, that Bill 4, Children's Law Act, be read for the second time. Mr. Speaker, this bill consolidates and reforms the law respecting children in the Territories by:

- re-enacting the provisions, with minor changes, respecting status of children and the establishment of parentage now set out in the Child Welfare Act;

- allowing a court to order testing to determine paternity;

- requiring that issues of custody be determined in accordance with the best interests of the child concerned, with a recognition that differing cultural values and practices must be respected, and setting out factors that must be considered in determining a child's best interests;

- setting out who is entitled to the custody of a child and allowing a person entitled to custody to appoint another person to have any of his or her custodial rights or responsibilities;

- setting out procedures to apply for, vary and enforce custody and access orders;

- providing for the recognition of custody and access orders made outside the Territories and setting out in what circumstances a court in the Territories should or should not exercise jurisdiction to deal with applications for custody and access;

- setting out the procedures to apply for a guardianship order or an order respecting the disposition a child's property;

- allowing a guardian to appoint another person to be guardian for a limited period of time after the death of the appointer;

- setting out who is obligated to provide support for a child and the considerations to be taken into account by a court in determining the amount and form of support;

- setting out the procedures to apply for and vary child support orders.

Thank you, Mr. Speaker.

Thank you, your motion is in order to the principle of the motion. Question is being called on this in favour. All those opposed. Motion is carried. Bill 4 has had second reading.

-- Carried

Second reading of bills. Mr. Ng.

Thank you, Mr. Ng. Your motion is in order. To the principle of the motion. Question is being called. All those in favour. All those opposed. Motion is carried. Bill 5 has had second reading.

-- Carried

Second reading of Bills. Mr. Ng.

Thank you, Mr. Speaker. Mr. Speaker, I move seconded by the honourable member for Tu Nedhe that Bill 6, Child and Family Services Act be read for the second time. Mr. Speaker, this Bill reforms family law respecting the protection of children in the Territories by:

- setting out the principles by which the Act is to be administered, the paramount one being to promote the best interests, protection and well-being of children;

- setting out a test to assist courts in determining the best interests of a child and providing that the determination must be made with a recognition that differing cultural values and practices must be respected;

- defining "child" as a person who is under the age, or appears to be under the age, of 16 years;

- allowing the Director of Child and Family Services to enter into agreements to provide services to families to support and assist them in caring for a child, and agreements to provide services to children who are between the ages of 16 and 18 years, inclusive, and cannot live with their parents to support and assist them in caring for themselves;

- providing for the establishment of a committee, in respect of a child who has been apprehended or about whom an investigation has been made, to make an agreement setting out a plan of care for the child;

- specifying that a plan of care agreement may provide for, among other things, the residence of the child, support services for the child's home, counselling, the responsibilities of the persons who sign the agreement and support for the child;

- allowing a person having lawful custody of a child or, if the child has attained the age of 12 years, the child to require that the matter proceed to court rather than to a plan of care committee;

- setting out the procedure for bringing a matter before the court;

- setting out the orders that a court may make after a hearing, including orders to grant access to the parent or person having lawful custody of the child and to approve a plan of care for the child;

- setting out the procedure for obtaining an order form a court approving medical treatment that is necessary to preserve the life of a child and the criteria to establish when the director of Child and Family Services may, without such an order, authorize such medical treatment for a child who is apprehended;

- allowing a court to make an order for permanent custody of a child without finding the child in need of protection, where the child's parent delivers the child to a Child Protection Worker for the purposes of adoption;

- allowing orders placing a child in the temporary or permanent custody of the Director of Child and Family Services to be extended from the time the child attains 16 year until the child attains the age of majority;

- allowing the Minister and one or more municipal or settlement corporations to enter into an agreement transferring responsibility for matters set out in the Act to the municipal or settlement corporation, designating a council of one of the municipal or settlement corporations that are parties to the agreement to act for all corporations subject to the agreement and establishing a child and Family services Committee;

- allowing, subject to regulation, municipal or settlement corporations that have entered into a community agreement to establish community standards to be used in determining the level of care adequate to meet a child's needs and whether or not a child needs protection;

- stating that information received under the Act is confidential, but may be disclosed in certain circumstances or on order of a court.

Thank you, Mr. Speaker.