This is page numbers 1455 - 1489 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 clause.

Topics

Committee Motion 60-13(4): Motion To Amend Clause 15 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

The Chair

The Chair Jane Groenewegen

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 15, as amended? Agreed. Thank you. Clause 16. Minister Ng.

Committee Motion 60-13(4): Motion To Amend Clause 15 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

Kelvin Ng Kitikmeot

Thank you, Madam Chair. This provides a process when no committee is formed or a plan does not get an agreement. Thank you.

Committee Motion 60-13(4): Motion To Amend Clause 15 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

The Chair

The Chair Jane Groenewegen

Thank you. Clause 16. Mr. Erasmus.

Committee Motion 61-13(4): Motion To Amend Clause 16 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

Roy Erasmus Yellowknife North

Thank you, Madam Chair. I move that clause 16 of Bill 6 be amended by;

(a) striking out: paragraphs 15(2)(a) to (d) in subclause (1) and by substituting "paragraph 15(2)(a),(c) or (d);

(b) striking out "sections 17 and 18" in subclause (3) and by substituting "section 18";

(c) Striking out "five days" in subclause (3) and by substituting "eight days";

(d) deleting subclause (4) and by substituting the following:

(4) A Child Protection Worker shall, without delay, apply to a court for a declaration that the child needs protection and for an order where;

(a) a person listed in paragraph 15(2)(a), (c) or (d) is unable or unwilling to sit as a member of a Plan of Care Committee and a Plan of Care Committee is not established or if it is established, is terminated as a result; or

(b) the Child and Family Services Committee establishes a Plan of Care Committee and, at the expiration of 15 days after the day on which the Child Protection Worker referred the matter to the Child and Family Services Committee, the Plan of Care Committee has not made a plan of care agreement in respect of the child.

Thank you.

Committee Motion 61-13(4): Motion To Amend Clause 16 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Erasmus. Your motion is in order. To the motion. Question has been called. All those in favour of the motion? All those opposed? The motion is carried. Motion 16, as amended? Agreed. Thank you. I am sorry, clause 16, not motion 16. I am getting motion sickness. Clause 17. Minister Ng.

Committee Motion 61-13(4): Motion To Amend Clause 16 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

Kelvin Ng Kitikmeot

Madam Chair, this clause allows the Plan of Care Committee to continue where there is a charge or a criminal investigation against one of the committee members. Thank you.

Committee Motion 61-13(4): Motion To Amend Clause 16 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ng. Mr. Miltenberger.

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Madam Chair. I move that Bill 6 be amended by deleting clause 17 and by substituting the following.

17(1)A person who is or is to be a member of a Plan of Care Committee is ineligible to sit as a member of the Plan of Care Committee if he or she is a subject of a report or investigation concerning another matter that is being dealt with under this Act or in respect of which a plan of care agreement or order is in effect;

(2)Where a person who is a member of a Plan of Care Committee becomes ineligible to sit as a member of a Plan of Care Committee, he or she is deemed to have resigned from the Plan of Care Committee;

(3)Where a person referred to in subsection (1) is or is to be a member of a Plan of Care Committee under subsection 15(2), the Child and Family Services Committee or the Child Protection worker, as the case may be, shall invite another person of the same category as that member to sit as a member;

(4)This section does not apply where the person referred to in subsection (1) is a child who is a member of the Plan of Care Committee under paragraph 15(2)(b).

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Miltenberger. Your motion is in order. To the motion. Mr. Steen.

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

Vince Steen

Vince Steen Nunakput

Thank you, Madam Chair. Could the mover perhaps give a comparison how this amendment would affect what was put forward by the Minister as to the purpose of that clause?

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Steen. Mr. Miltenberger.

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1477

Michael Miltenberger

Michael Miltenberger Thebacha

Thank you, Madam Chair. The Minister is getting a very easy ride here. You notice that we are sitting here justifying his bill for him. We are also outgunned. Look at all the technical staff they have there. Mrs. Chairperson, the intent of this is to address the issue of somebody, as we talked about in Ordinary Members' Caucus this morning, that to do a change in membership if somebody is ineligible because there has been a report or there has been a charge filed against them under this Act, that they are not. It is not appropriate that they continue to sit on this particular committee. This amendment deals with this issue and the

concern of the committee of how to deal with this in the most appropriate way. Thank you.

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Miltenberger. To the motion. The question has been called. We do not have a quorum. We cannot vote on the motion without a quorum. We will have to ring the bells and get a quorum back.

Thank you. To the motion. Question has been called. All those in favour of the motion? All those opposed? The motion is carried. Clause 17, as amended? Agreed. Thank you. Clause 18, Minister Ng.

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

Kelvin Ng Kitikmeot

Thank you, Madam Chair. This clause allows a person with lawful custody or a child to move the process to court. Thank you.

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ng. Clause 18. Agreed. Clause 19. Mr. Ng.

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

Kelvin Ng Kitikmeot

This clause identifies the content of a plan of care, as well as the resulting responsibilities. Thank you.

Committee Motion 62-13(4): Motion To Amend Clause 17 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ng. Mr. Roland.

Committee Motion 63-13(4): Motion To Amend Clause 19 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

Floyd Roland

Floyd Roland Inuvik

Thank you, Madam Chair. I move that clause 19 of Bill 6 be amended by:

(a) deleting paragraph 19(1)(g) and by substituting the following:

(g) the responsibilities of any of the persons;

(i) listed in paragraphs 15(2)(a), (c), and (d), or;

(ii) who become members of a Plan of Care Committee under subsection 15(3.1);

(b) deleting subclauses (4) and (5) and by substituting the following:

(4) A plan of care agreement must be in writing and signed by a majority of the members of the Plan of Care Committee.

(4.1) The majority of members signing the plan of care agreement, referred to in subsection (4), must include the following members

(a) the person who has lawful custody of the child;

(b) the Child Protection Worker.

(5) A child who is the subject of the plan of care agreement and who has attained the age of 12 years may consent to and sign a plan of care agreement and any extension or modification of it.

Thank you.

Committee Motion 63-13(4): Motion To Amend Clause 19 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Roland. The motion is in order. To the motion. Question has been called. All those in favour of the motion? All those opposed? Thank you. The motion is carried. Clause 19, as amended? Agreed. Thank you. Clause 20, Mr. Ng.

Committee Motion 63-13(4): Motion To Amend Clause 19 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

Kelvin Ng Kitikmeot

Madam Chair, this clause allows for the extension or amendment to the plan of care agreement. Thank you.

Committee Motion 63-13(4): Motion To Amend Clause 19 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ng. Clause 20, Mr. Erasmus.

Committee Motion 64-13(4): Motion To Amend Clause 20 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

Roy Erasmus Yellowknife North

Thank you, Madam Chair. I move that clause 20 of Bill 6 be amended by:

(a) deleting subclause (1) and by substituting the following:

20(1) Any person who has signed a plan of care agreement may, on 10 days written notice to all members of the Plan of Care Committee, request the Plan of Care Committee to review the agreement and, on review, the term of the agreement may be extended and any term or condition modified with the consent of a majority of the members of the Plan of Care Committee.

(b) striking out "the consent of all persons who signed the agreement" in subclause (2) and by substituting "the consent of a majority of the members of the Plan of Care Committee";

(c) deleting subclause (3) and by substituting the following:

(3) The majority of persons consenting to an extension or modification, referred to in subsections (1) and (2), must include the following:

(a) the person who has lawful custody of the child;

(b) the Child Protection Worker.

(d) striking out "all persons who signed the agreement" in subclause (4) and by substituting "a majority of the members of the Plan of Care Committee"; and

(e) deleting subclause (5) and by substituting the following:

(5) The majority of persons agreeing to an extension, referred to in subsection (4), must include the following:

(a) the person who has lawful custody of the child;

(b) the Child Protection Worker.

Committee Motion 64-13(4): Motion To Amend Clause 20 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

The Chair

The Chair Jane Groenewegen

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. Clause 20, as amended? Agreed. Thank you. Clause 21, Minister Ng.

Committee Motion 64-13(4): Motion To Amend Clause 20 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

Kelvin Ng Kitikmeot

This clause allows for apprehension where a child is at risk, Madam Chair.

Committee Motion 64-13(4): Motion To Amend Clause 20 Of Bill 6, Child & Family Services Act
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1478

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Ng. Clause 21? Agreed. Clause 22, Minister Ng.