Debates of Oct. 14th, 1997

This is page numbers 1557 - 1585 of the Hansard for the 13th Assembly, 4th 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

Members Present
Item 1: Prayer
Action Plan For Transition To A New Western Territory
Transition To A New Western Territory
Cape Dorset State Of Emergency
High Cost Of Healthy Foods
GNWT Division Transition Action Plan
Jean Marie River Highway Access Road
Legislation To Govern The Architecture Profession
Positive Messages
Misuse Of Yellowknife Crime Rates Statistics
Resolution Island Abandoned Dew Line Site
Jean Marie River Highway Access Road
Return To Oral Question 608-13(4): Environmental Liability Inventory
Item 5: Recognition Of Visitors In The Gallery
High Cost Of Healthy Foods
Diamond Development Revenues
Premier's Panel On The Economy
All-season Roads To Isolated Communities
Support For Architects Act Proposal
Aurora Fund Marketing Strategy
Disclosure Of Employee Renumeration
Status Of Northern Accord Negotiations
GNWT Role In Economic Development
Dew Line Site Cleanups
Diamond Mining Regulations
Revert To Item 5: Recognition Of Visitors In The Gallery
Tabled Document 110-13(4): Action Plan For Transition To A New Western Territory
Tabled Document 111-13(4): Government Of The NWT Interim Financial Report, Year Ended March 31, 1997
Tabled Document 112-13(4): Letters Regarding The Proposed Architects Act For The Nwt
Tabled Document 113-13(4): Government Of The NWT Interim Financial Report, Year Ended March 31, 1997
Referral Of Td 110-13(4) Action Plan For Transition To A New Western Territory To Committee Of The Whole.
Item 16: Motions
Referral Of Td 110-13(4) Action Plan For Transition To A New Western Territory To Committee Of The Whole
Item 17: First Reading Of Bills
Item 18: Second Reading Of Bills
Bill 23: An Act To Amend The Elections Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Motion To Amend Clause 19 Of Bill 3
Motion To Amend Clause 23 Of Bill 3
Motion To Amend Clause 27 Of Bill 3
Motion To Amend Clause 37 Of Bill 3
Motion To Amend Clause 38 Of Bill 3
Motion To Amend Clause 40 Of Bill 3
Motion To Amend Clause 48 Of Bill 3
Motion To Amend Clause 49 Of Bill 3
Motion To Amend Clause 50 Of Bill 3
Motion To Amend Clause 53 Of Bill 3
Motion To Amend Clause 55 Of Bill 3
Motion To Amend Clause 58 Of Bill 3
Motion To Add A Preamble Bill 3
Bill 15: An Act To Amend The Workers' Compensation Act
Item 20: Report Of Committee Of The Whole
Item 22: Orders Of The Day

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you, Mr. Barnabas. Your motion is in order. To the motion. Mr. Picco.

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Edward Picco Iqaluit

Thank you, Mr. Chairman. Can I have a clarification on the entitlement under section 36?

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you, Mr. Picco. Are there questions for the Minister or our legal advisor?

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Edward Picco Iqaluit

Thank you, Mr. Chairman. The legal advisor.

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you, Mr. Picco. Ms. MacPherson.

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. Section 36 deals with the entitlement to a division of property in the event that one of the spouses in a relationship dies. It basically provides the surviving spouse has an election they can take, under the deceased spouse's will or what they would get under the Intestate Succession Act. I apologize. I misled the Member. That is the intent of Section 37. Section 36 basically provides that either party can apply for a division of property acquired during the course of the marriage. Section 37 deals with what happens when one of the parties dies before that division occurs. The intent of the motion that was moved by Mr. Barnabas is to deal with the situation where one person dies leaving more than one surviving spouse. It allows the court to basically decide how the property is going to be divided between the remaining spouses. Thank you, Mr. Chairman.

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you, Ms. MacPherson. To the motion. Question has been called. All those in favour? All those opposed? Motion is carried. Clause 37, as amended, agreed? Thank you. Clause 38 on page 24, Mr. Ng.

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Kelvin Ng Kitikmeot

This clause sets out who will make an application respecting an entitlement under the family property provisions and when that application must be made.

Committee Motion 101-13(4): Motion To Amend Clause 37 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you. Agreed? Mr. Miltenberger.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Mr. Chairman. I move that subclause 38(1) of Bill 3 be amended by adding "surviving spouse", after spouse.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you, Mr. Miltenberger. The motion is in order. To the motion. Mr. Picco.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Edward Picco Iqaluit

Thank you, Mr. Chairman. Mr. Chairman, can the mover of the motion explain the definition of "surviving spouse", and the reason for the motion?

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you, Mr. Picco. If you do not mind, Mr. Picco, I will refer your question to the legal advisor. Ms. MacPherson.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Law Clerk Ms. Macpherson

Thank you, Mr. Chairman. The intent of this motion is to implement the spirit of the former motion, to allow for division of property where one spouse dies leaving more than one spouse behind him or her or leaving more than one spouse alive. This just adds the word "surviving spouse" after spouse. I hope that is clear, Mr. Chairman.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you, Ms. MacPherson. To the motion. Question has been called. All those in favour? All those opposed? Motion is carried. Clause 38, as amended, agreed? Thank you. Clause 39 on page 25, Mr. Ng.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Kelvin Ng Kitikmeot

This clause requires the parties to an application to file statements respecting their properties and debts.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you. Agreed? Thank you. Clause 40, Mr. Ng.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Kelvin Ng Kitikmeot

This clause sets out the types of order the supreme court may make on an application respecting family property.

Committee Motion 102-13(4): Motion To Amend Clause 38 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

The Chair

The Chair Vince Steen

Thank you. Agreed? Mr. Roland.

Committee Motion 103-13(4): Motion To Amend Clause 40 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1576

Floyd Roland

Floyd Roland Inuvik

Thank you, Mr. Chairman. I move that subclause 40(1) of Bill 3, be deleted and the following be substituted:

40(1) in an application under section 38 the court

(a) may order

(i) that one spouse pay to the other spouse the amount to which the court finds that spouse to be entitled under this part;

(ii) that security, including a charge on property, be given for the performance of an obligation imposed by the order;

(iii) that if, necessary to avoid hardship, an amount referred to in subparagraph (i) be paid in instalments during a period not exceeding 10 years or that payment of all or part of the amount be delayed for a period not exceeding 10 years, and

(iv) that, if appropriate to satisfy an obligation imposed by the order,

(A) property be transferred to or in trust for or vested in a spouse whether absolutely, for life or for a term of years, or

(B) any property be partitioned or sold; and

(b) in the circumstances described in subsection 37(17) may make any other order or give any direction that the court considers fair and equitable.

Thank you.

Committee Motion 103-13(4): Motion To Amend Clause 40 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1577

The Chair

The Chair Vince Steen

Thank you, Mr. Roland. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 40, as amended, agreed? Thank you. Clause 41 on page 26. Mr. Ng.

Committee Motion 103-13(4): Motion To Amend Clause 40 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1577

Kelvin Ng Kitikmeot

This clause allows for applications to the Supreme Court where spouses or former spouses cannot agree on who owns certain property.

Committee Motion 103-13(4): Motion To Amend Clause 40 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1577

The Chair

The Chair Vince Steen

Thank you. Agreed? Thank you. Clause 42 on page 27. Mr. Ng.

Committee Motion 103-13(4): Motion To Amend Clause 40 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1577

Kelvin Ng Kitikmeot

This clause determines that an order may not be made under section 40 or 41, if it would result in the sale of an ongoing business or would seriously impair its operations unless there is no reasonable alternative.

Committee Motion 103-13(4): Motion To Amend Clause 40 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1577

The Chair

The Chair Vince Steen

Thank you. Agreed? Thank you. Clause 43. Mr. Ng.