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

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

The Chair

The Chair Vince Steen

Thank you. Agreed? Thank you. Clause 69 on page 40. Mr. Ng.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

Kelvin Ng Kitikmeot

This outlines regulations making power in respect of forms and other matters under this bill.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

The Chair

The Chair Vince Steen

Thank you. Agreed? Thank you. Clause 70. Mr. Ng.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

Kelvin Ng Kitikmeot

This clause contains the transitional provisions.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

The Chair

The Chair Vince Steen

Thank you. Agreed? Thank you. Clause 71. Mr. Ng.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

Kelvin Ng Kitikmeot

This clause repeals the Matrimonial Property Act.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

The Chair

The Chair Vince Steen

Thank you. Agreed? Thank you. Clause 72. Mr. Ng.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

Kelvin Ng Kitikmeot

This clause deals with the coming into force of this Act.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

The Chair

The Chair Vince Steen

Thank you. Agreed? Mr. Erasmus.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

Roy Erasmus Yellowknife North

Thank you. Mr. Chairman, I seek unanimous consent to proceed with a motion that if passed would add a preamble to Bill 3.

Committee Motion 109-13(4): Motion To Amend Clause 58 Of Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

The Chair

The Chair Vince Steen

Thank you, Mr. Erasmus. The Member is seeking unanimous consent to proceed with a motion to add a preamble. Are there any nays? There are no nays. Mr. Erasmus, you may proceed.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

October 14th, 1997

Page 1580

Roy Erasmus Yellowknife North

Thank you, Mr. Chairman. I move that Bill 3, be amended by adding the following immediately after the title Family Law Act.

WHEREAS it is desirable to encourage and strengthen the role of the family;

AND WHEREAS it is necessary for that purpose to recognize the equal position of spouses as individuals within a family and to recognize the spousal relationship as a form of partnership;

AND WHEREAS in support of such recognition it is necessary to provide a law for the timely, orderly and equitable settlement of the affairs of the spouses on the breakdown of the spousal relationship and to provide for other mutual obligations of spouses including the equitable sharing by parents of responsibility for their children.

Thank you, Mr. Chairman.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

The Chair

The Chair Vince Steen

Thank you, Mr. Erasmus. Your motion is in order. To the motion. Question has been called. All those in favour? All those opposed? The motion is carried. Bill 3, as amended? Agreed. Bill as a whole? Agreed. Does the committee agree that Bill 3, is ready for third reading, as amended? Agreed. Bill 3 is now ready for third reading, as amended. Does the committee agree that Committee Report 8 is concluded? Agreed. Committee Report 8 is concluded.

I would like to thank the Minister and his witnesses on behalf of the committee. Could I then ask the committee that we now proceed with Bill 21? Agreed. Bill 21, An Act to Amend the Companies Act. I will ask the Minister responsible, Mr. Ng, to introduce the bill.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1580

Kelvin Ng Kitikmeot

Thank you, Mr. Chairman. Mr. Chairman, the purpose of this bill is to allow the Business Corporations Act to be brought into force before the Personal Property Security Act. Both acts have been passed. Implementation of the Personal Property Security Act involved the development of a new computer system. This system is not expected to be completed before the Business Corporations Act is ready to be proclaimed. The Personal Property Security Act will repeal the requirement to file a corporate debenture under corporate law. The Business Corporations Act was drafted in anticipation of this having already occurred. If the Business Corporations Act is proclaimed first, the debenture filing requirements of the Company Act would apply to companies still governed by that act. However, there would not be a corresponding requirement under the Business Corporations Act. The result may be uncertainty regarding the priority of debentures in certain cases. The Business Corporations Act

provides that existing companies must continue under the new Act by March 31, 1999. In order that this Act may be brought into force as soon as possible, the proposed bill provides that the debenture filing requirements of the Companies Act apply also to corporations governed by the Business Corporations Act. This will be the case until they are repealed entirely by the Personal Property Security Act. Additional amendments not related to the primary purpose of the bill are of a housekeeping nature. I would like to thank the standing committee for its review and support of this bill, and I will be pleased to respond to any questions or comments that Members may have. Thank you, Mr. Chairman.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1581

The Chair

The Chair Vince Steen

Thank you, Mr. Minister. I recognize Mr. Enuaraq from the Standing Committee on Social Programs for comments on the bill.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tommy Enuaraq Baffin Central

Thank you, Mr. Chairman. The Standing Committee on Social Programs has reviewed Bill 21, an Act to Amend the Companies Act. The committee supports the amendments proposed in this bill. Thank you, Mr. Chairman.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1581

The Chair

The Chair Vince Steen

Thank you, Mr. Enuaraq. I would like to take the opportunity to offer the Minister to bring in witnesses.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tommy Enuaraq Baffin Central

Not at this time, Mr. Chairman. Unless there are specific questions. Thank you.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1581

The Chair

The Chair Vince Steen

Thank you, Mr. Enuaraq. General comments on the bill. No general comments on the bill. Are we prepared to go clause by clause? Thank you. We will now proceed clause by clause. Clause 1 on page 1. Agreed? Thank you. Clause 2. Agreed? Thank you. Clause 3. Agreed? Thank you. Clause 4. Agreed? Thank you. Clause 5 on page 2. Agreed? Thank you. Clause 6 of Bill 21. Agreed? Thank you. Clause 7 on page 3. Agreed? Thank you. Clause 8. Agreed? Thank you. Clause 9 of Bill 21. Agreed? Thank you. Bill as a whole? Agreed? Thank you.

Does the committee agree that Bill 21 is ready for third reading? Agreed? Thank you. Bill 21 is now ready for third reading. We will move on to the next item on the agenda which is Bill 22.

Bill 22, An Act to Amend the Corrections Act. I would ask Mr. Ng, Minister responsible for this particular Act to introduce the bill.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1581

Kelvin Ng Kitikmeot

Thank you Mr. Chairman. The purpose of this amendment to the Corrections Act is to remove the requirement for mandatory participation of the warden in a disciplinary board established for each institution. It allows for the warden to appoint the members of the disciplinary board. Under section 20 (1) of the Corrections Act, the disciplinary board is established for each correctional centre consisting of the Warden and two other employees appointed by the Director of Correctional Services. The practice that has evolved is that the wardens appoint members to the disciplinary board.

Because of the considerable commitment of time required to participate in these hearings, wardens have delegated the responsibility to other staff at the correctional centre. However, the department has obtained a legal opinion which contradicts this established practice and concludes that a warden may not delegate his or her authority to sit on a disciplinary board.

The obvious person to identify the composition of a disciplinary board is the warden, rather than the director. While it may have made sense for appointments to be made by the director when YCC was the only institution in the territories, there are now institutions in Fort Smith, Hay River and Iqaluit. Decisions must be made quickly and must be based on the availability of staff. It is estimated that if the wardens are required to participate in hearings, it would involve a minimum of 20 percent of their time and up to as much as 40 percent for a larger correctional centre. If wardens are required to continue to be represented on disciplinary panels, it will compromise their capacity to manage the institutions effectively.

The amendments provide that disciplinary boards will be composed of either the warden and two employees appointed by the warden, or three employees appointed by the warden. This is consistent with the practice in other jurisdictions. Thank you, Mr. Chairman.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1581

The Chair

The Chair Vince Steen

Thank you, Mr. Ng. I recognize Mr. Enuaraq, chairman of the Standing Committee on Social Programs for comment on the bill.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

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Tommy Enuaraq Baffin Central

Thank you Mr. Chairman. The Standing Committee on Social Programs has completed its review of Bill 22, An Act to Amend the Corrections Act. The current Act provides that the warden and two corrections' employees comprise the main disciplinary board of the centre. The two employees are appointed to the board by the director of corrections.

The committee supports the amendments that would eliminate the requirement for the warden to sit on the disciplinary board, and further, would allow the warden to appoint the officers of the corrections facility to sit on the board.

The committee has also requested that the Minister examine further possibilities and options for inmate input into the appointments of the board. Thank you, Mr. Chairman.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1581

The Chair

The Chair Vince Steen

Thank you, Mr. Enuaraq. Would the Minister like to bring in witnesses?

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1581

Kelvin Ng Kitikmeot

Not at this time, Mr. Chairman.

Committee Motion 110-13(4): Motion To Add A Preamble Bill 3
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1581

The Chair

The Chair Vince Steen

Thank you, Mr. Ng. General comments on the bill by the Members. No general comments. Does the committee agree we then proceed clause by clause. Agreed? Thank you.

Clause 1 of Bill 22, on page 1. Agreed? Thank you. Clause 2 on page 1. Agreed? Thank you. Clause 3 on page 1. Agreed? Thank you. Bill as a whole. Agreed? Thank you. Does the committee agree that Bill 22, is ready for third reading? Agreed? Thank you. Bill 22 is now ready for third reading.

If I can direct the Members back to Bill 15, the next item on the agenda. Thank you, Mr. Minister.

Bill 15, An Act to Amend the Workers' Compensation Act. I would like to recognize the Premier, Mr. Morin.