Thank you, Ms. MacPherson. To the motion. Mr. Krutko.
Debates of Oct. 14th, 1997
Topics
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. What is the timeframe that we are looking at in regard to these other amendments to be made to be consistent with this Act that is presently being looked at? What is the timeframe? How many years or months? If it is inconsistent with an act that is already in place and we are putting this Act into place, how do you consolidate those acts so that they are consistent with each other and the timeframe it is going to take to do that? We keep hearing that we have a lot of important issues, but there is not enough time to make amendments to all the acts we would like to. Has the department worked along with the other departments in relation to sections of this Act that refer to those other departments, to ensure that they are aware they have to amend their acts? And how long will that take?
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
Kelvin Ng Kitikmeot
Thank you, Mr. Chairman. Mr. Chairman, I understand that there will be some consequential amendments to other acts that will have to be brought in, the spring before this Act is put into place. It is anticipated it will be in the spring or in the winter session, in January/February of 1998, somewhere in that time, Mr. Chairman. 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 1578
The Chair Vince Steen
Thank you, Mr. Ng. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 49, as amended, agreed? Thank you. Clause 30 on page 30. Mr. Ng.
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
Kelvin Ng Kitikmeot
This clause sets out the rules for determining what is a family home.
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 106-13(4): Motion To Amend Clause 50 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
Tommy Enuaraq Baffin Central
Thank you, Mr. Chairman. I move that subclause 50(1) of Bill 3, be deleted and the following be substituted:
50(1) (a) property in which a person has an interest or
(b) rental premises that a person has a right to occupy under a tenancy agreement that is or if the spouses have separated was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence in their family home.
Thank you, Mr. Chairman.
Committee Motion 106-13(4): Motion To Amend Clause 50 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
The Chair Vince Steen
Thank you, Mr. Enuaraq. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 50, as amended? Agreed. Clause 51 on page 31. Mr. Ng.
Committee Motion 106-13(4): Motion To Amend Clause 50 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
Kelvin Ng Kitikmeot
This clause determines that both spouses have an equal right to possess a family home.
Committee Motion 106-13(4): Motion To Amend Clause 50 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1578
Committee Motion 106-13(4): Motion To Amend Clause 50 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Kelvin Ng Kitikmeot
This clause allows a spouse to register a document in the land titles registry claiming a right to possess the family home.
Committee Motion 106-13(4): Motion To Amend Clause 50 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Committee Motion 106-13(4): Motion To Amend Clause 50 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Kelvin Ng Kitikmeot
This clause prohibits the spouse from disposing of or encumbering a family home without the consent of the other spouse, except in certain circumstances.
Committee Motion 106-13(4): Motion To Amend Clause 50 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Committee Motion 107-13(4): Motion To Amend Clause 53 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Floyd Roland Inuvik
Thank you, Mr. Chairman. I move that clause 53 of Bill 3, be amended by adding the following after subclause 5(6) this section does not apply in respect of any interest in a family home that is a right to occupy a rental premises under a tenancy agreement. Thank you.
Committee Motion 107-13(4): Motion To Amend Clause 53 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
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 53, as amended, agreed? Thank you. I hope I still have the attention of all Members. Clause 54. Mr. Ng.
Committee Motion 107-13(4): Motion To Amend Clause 53 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Kelvin Ng Kitikmeot
Thank you, Mr. Chairman. This clause allows a court to determine whether or not property is a family home to allow the disposition or encumbrance of the family home and to set aside a transaction.
Committee Motion 107-13(4): Motion To Amend Clause 53 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Committee Motion 107-13(4): Motion To Amend Clause 53 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Kelvin Ng Kitikmeot
This clause allows the court to make orders respecting the delivery, safe keeping and preservation of a family home and its contents.
Committee Motion 107-13(4): Motion To Amend Clause 53 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Committee Motion 108-13(4): Motion To Amend Clause 55 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Tommy Enuaraq Baffin Central
Thank you, Mr. Chairman. I move that clause 55 of Bill 3 be amended by adding the following after subsection (1):
(1.1) Where only one of the spouses has an interest in the family home and that interest is a right to occupy rental premises under tenancy agreement, a direction may by the court under paragraph (1)(b) giving exclusive possession of the family home to the spouse who is not a party to the tenancy agreement may not be for a period exceeding 90 days without the consent of the landlord and the hearing a period that the court directs. The spouse shall be deemed to be a tenant under the tenancy agreement and the landlord shall continue to have the rights granted under the Residential Tenancies Act. Thank you.
Committee Motion 108-13(4): Motion To Amend Clause 55 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
The Chair Vince Steen
Thank you, Mr. Enuaraq. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Clause 55, as amended? Agreed? Thank you. Clause 56 on page 35. Mr. Ng.
Committee Motion 108-13(4): Motion To Amend Clause 55 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579
Kelvin Ng Kitikmeot
This clause allows the court to vary an order made under section 55.
Committee Motion 108-13(4): Motion To Amend Clause 55 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1579