This clause allows the court to make an order restraining the depletion of a spouse's property and respecting the possession, delivery, safe-keeping and preservation of a spouse's property.
Debates of Oct. 14th, 1997
Topics
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
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
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 the court to make certain orders where a spouse has made a gift or transferred property with the intention of diminishing his or her spouse's entitlement under the Act and where the person receiving the property knew or ought to have known that the gift or transfer was made with that intention.
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
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 the court to vary or discharge an order respecting security or direct the sale of property that was used as security.
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
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 sets out how the law of resulting trusts applies to the property of married spouses and sets out rules respecting joint ownership of 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
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 sets out the rule for determining which jurisdictions law applies.
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
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 sets out the definitions used throughout part 4.
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
Committee Motion 104-13(4): Motion To Amend Clause 48 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
October 13th, 1997
Page 1577
Michael Miltenberger Thebacha
Mr. Chairman, I move that clause 48 of Bill 3, be amended by
(a) striking out the period at the end of the definition registered and by substituting a semi-colon and
(b) adding the following definitions in alphabetical order
"rental premises" means a living accommodation or land for a mobile home used or intended for use as rental premises "tenancy agreement" means a tenancy agreement as defined under the Residential Tenancies Act.
Thank you.
Committee Motion 104-13(4): Motion To Amend Clause 48 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1577
The Chair Vince Steen
Thank you, Mr. Miltenberger. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 48, as amended, agreed? Thank you. Clause 49. Mr. Ng.
Committee Motion 104-13(4): Motion To Amend Clause 48 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1577
Kelvin Ng Kitikmeot
This clause sets out when the provisions respecting family homes apply, Mr. Chairman.
Committee Motion 104-13(4): Motion To Amend Clause 48 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1577
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1577
Floyd Roland Inuvik
Thank you, Mr. Chairman. I move that clause 49 of Bill 3, be amended by adding the following after subclause 2(3) that this part binds
(a) the Government of the Northwest Territories, and its agents and
(b) a housing association and housing authority as defined in the Northwest Territories Housing Corporation Act.
Thank you.
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1577
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
David Krutko Mackenzie Delta
Thank you, Mr. Chairman. In regard to the Housing Corporation Act, does it define, living in a common-law relationship but in the case of a separation, who will get the property or is it left to the court? Is this to clarify because there is an incident that is in my riding where an individual who has been living in the unit and has been separated from her spouse. But now her spouse has come back, asking for the unit. He signed the document when it was theirs. Is this what this clause is supposed to take care of and how is it going to take care of that?
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
The Chair Vince Steen
Mr. Krutko, thank you. I will direct your question towards our legal advisory, Ms. MacPherson.
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
Law Clerk Ms. Macpherson
Thank you, Mr. Chairman. Mr. Chairman, the previous sections of this Act would assist a person who was in a common-law relationship where they owned a house and that house was, for example, a half-house. That house was in the name of only one of the parties. The previous sections of this Act dealing with division of property would help that person if they wanted to apply to have the court determine their ownership interest in the house. The entire Family Law Act will apply to common-law couples, and it will give them a new right to apply for a division of property, regardless of in whose name the property is registered. The intent of this motion has to be read in conjunction with a number of motions that have yet to be moved, but the intent of this motion is to address the situation of exclusive possession orders where the parties reside in leased premises. Sometimes, when the parties reside in leased premises, housing associations and housing authorities will not abide by a court order granting one party exclusive possession if the party who was granted exclusive possession is not a party to the lease, or is not named in the lease.
This is to address the situation where, and it has to be read in conjunction with upcoming motions, somebody leases a property, their spouse is not on the lease and the court orders exclusive possession to the person who is not on the lease. That is the intent of this motion. The issue dealing with common-law couples and property where it is nonleased premises and owned premises is dealt with earlier on in this Family Law Act and would apply to assist a couple in the situation that Mr. Krutko described. I hope that is clear. Thank you, Mr. Chairman.
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
David Krutko Mackenzie Delta
Thank you, Mr. Chairman. In regard to this amendment regarding this Act, does that mean we have to amend the Northwest Territories Housing Corporation Act to be consistent between this change and also possibly change the Northwest Territories Housing Corporation Act?
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
Committee Motion 105-13(4): Motion To Amend Clause 49 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
Law Clerk Ms. Macpherson
Thank you, Mr. Chairman. No, sir. No amendment is necessary to the Housing Corporation Act to effect an equal division of property or exclusive possession to one of the spouses for the family home. No amendment to any other legislation is necessary. Thank you, Mr. Chairman.