Thank you, Mr. Ng. Clause 54. Mr. Barnabas.
Debates of Oct. 8th, 1997
Topics
Committee Motion 70-13(4): Motion To Defer Clause 52 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Committee Motion 71-13(4): Motion To Amend Clause 54 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Levi Barnabas High Arctic
Thank you, Madam Chair. I have a motion. I move that clause 54 of Bill 6 be amended by;
(a) striking out "community" and "community corporation" in subclause (1) and by substituting "community", "community corporation" and "corporate body"; and
(b) deleting paragraphs (3)(a) and (b)and by substituting the following:
(a) if a community corporation is part and party to the agreement, that community corporation; or
(b) if a corporate body is a party to the agreement, that corporate body.
Thank you, Madam Chair.
Committee Motion 71-13(4): Motion To Amend Clause 54 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Jane Groenewegen
Thank you. Your motion is in order. To the motion. Question has been called. All those in favour of the motion? All those opposed? I could not tell by a show of hands if anybody was in support of that except for Mr. Miltenberger. Clause 54, as amended? Agreed. Thank you. Clause 55. Minister Ng.
Committee Motion 71-13(4): Motion To Amend Clause 54 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Kelvin Ng Kitikmeot
This clause allows delegation to an authorized person. Thank you.
Committee Motion 71-13(4): Motion To Amend Clause 54 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1481
Committee Motion 72-13(4): Motion To Amend Clause 55 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Levi Barnabas High Arctic
Thank you, Madam Chair. I move that clause 55 of Bill 6 be amended by adding the following after subclause (1):
(1.1) The Director, in writing,
(a) shall authorize the chairperson of child and Family Services Committee to exercise the powers and perform the duties of an authorized person under Sections 60 and 61; and (b) may authorize the chairperson of a Child and Family Services Committee to exercise any other power and perform any other duty of the authorized person under this Act.
Thank you, Madam Chair.
Committee Motion 72-13(4): Motion To Amend Clause 55 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Jane Groenewegen
Thank you, Mr. Barnabas. The motion is in order. To the motion. Question is
being called. All those in favour of the motion? All those opposed? The motion is carried. Clause 55 as amended. Agreed. Thank you. Clause 56. Minister Ng.
Committee Motion 72-13(4): Motion To Amend Clause 55 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Kelvin Ng Kitikmeot
This is the definitions for the community agreement section, Madam Chair.
Committee Motion 72-13(4): Motion To Amend Clause 55 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Committee Motion 73-13(4): Motion To Amend Clause 56 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Michael Miltenberger Thebacha
Thank you, Madam Chair. I move that we defer consideration of clause 56.
Committee Motion 73-13(4): Motion To Amend Clause 56 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Jane Groenewegen
Thank you, Mr. Miltenberger. Your motion is in order. It is not debatable. All those in favour of the motion? All those opposed? The motion is carried. The consideration of clause 56 is deferred. Clause 57. Minister Ng.
Committee Motion 73-13(4): Motion To Amend Clause 56 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Kelvin Ng Kitikmeot
This clause allows community corporations to enter into an agreement with the Minister to establish Child and Family Service Committees. Thank you.
Committee Motion 73-13(4): Motion To Amend Clause 56 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Michael Miltenberger Thebacha
Thank you, Madam Chair. I move that Bill 6 be amended by deleting clause 57 and by substituting the following:
57(1) A community counsel may, by-law, authorize the community corporation to enter into a community agreement with the Minister (a) delegating to the community corporation the authority and responsibility for any matter set out in this Act;
(b) establishing a Child and Family Services Committee and defining its role in the community in addition to its powers and duties under this Act and establishing the term of office of its members and the procedure by which the Child and Family Services Committee shall conduct its meetings and exercise its powers and perform its duties under this Act; and
(c) setting out the procedure for establishing and amending community standards and making the members of the community aware of community standards.
(2) A community corporation has, subject to terms and conditions of a community agreement, the power and shall perform the duties delegated to the community corporation by the community agreement and, for grater certainty, the exercise of the powers and performance of the duties in accordance with the community agreement is deemed, for the purposes of the Charter Communities Act; the Cities, Towns and Villages Act; the Hamlets Act and the Settlements Act, to be a municipal purpose.
Thank you.
Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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The Chair Jane Groenewegen
Thank you, Mr. Miltenberger. Your motion is in order. To the motion. Mr. Steen.
Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Michael Miltenberger Thebacha
Madam Chair, if it is agreeable with the Chair, I think we should share this duty. I will ask the law clerk if she would give a technical description. Thank you.
Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
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Macpherson
Thank you, Madam Chair. The purpose of this amendment is to allow community counsels to authorize community corporations to enter into agreements to deliver child protection services through a by-law.
Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Vince Steen Nunakput
Madam Chair, what I wanted was, what did the original allow compared to what it allows now?
Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
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Macpherson
The changes with reference to the entering into of a by-law. I apologize. I think I have not been entirely clear. The existing section provides that the Minister and one or more community corporations may enter into a community agreement.
We have specified that agreement may be authorized pursuant to a by-law that the counsel would pass. That by-law, itself, would then authorize the community corporation to enter into an agreement.
The second change is an amendment saying those duties that the community counsel is entering into are municipal duties for the purposes of municipal legislation. They are deemed to be a municipal purpose. The reason for that amendment is that municipalities can only do what they are authorized clearly to do by statute. It was felt necessary to make it very clear that municipal corporations have the power to enter in to these by-laws and to have the power to pass by-laws allowing a community corporation to enter into an agreement. It is making it very clear that they can exercise these powers.
Committee Motion 74-13(4): Motion To Amend Clause 57 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 1482