This is page numbers 1491 - 1527 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 child.

Topics

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1509

The Chair John Ningark

Agreed? Thank you. Clause 7 of Bill 6. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1509

Kelvin Ng Kitikmeot

Clause 7 allows the discharge or variation of an order of parentage where new evidence becomes available. It also contains the same provision as in the Child Welfare Act that indicates that where there was a declaratory order that was subsequently discharged or varied rights and duties that were exercised before the new order are not affected. In addition, any distribution of property as a result of the old order before the new order was made is not affected. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1509

The Chair John Ningark

Thank you. Page 4, clause 8. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1509

Kelvin Ng Kitikmeot

Clause 8 contains the same presumptions of paternity as found in the Child Welfare Act. In addition, the paternity of a child will be presumed to a paternity order has been made elsewhere in Canada. Where on the review of the list of presumptions, only one person would be presumed to be the father of a child. Then the child is recognized to be the child of that man unless he successfully applies for a declaration that he is not the father. Where it appears in the list of presumptions that more than one man could be the

father of a child, then neither will be recognized in law to be the father until the court makes an order under clause 5. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Agreed. Clause 9. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

This clause in respect of a written acknowledgement of paternity as evidence is currently in the Child Welfare Act. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you. Agreed? Thank you. Clause 10. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

Clause 10 sets out new law on blood tests and DNA tests to determine parentage. It deals with who must pay the costs of such tests and consent to such tests.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you. Clause 11. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

This clause regulations to be made regarding the taking of samples for blood or DNA tests.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Agreed? Thank you. Clause 12. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

This clause currently contained in the Child Welfare Act allows any person to file a declaration of paternity.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Agreed? Thank you. Clause 13. Mr. Minister.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

This clause deals with the inspection of declarations of paternity and other statements made under the Vital Statistics Act. Thank you.

Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you. We are dealing with Bill 4. I think I indicated Bill 6 earlier. We are dealing with Bill 4. Mr. Enuaraq.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Tommy Enuaraq Baffin Central

Yes, Mr. Chairman. On clause 13 I move that clause 13 of Bill 4 be amended by deleting subclause (1) and by substituting the following:

13.(1) On payment of the fee prescribed under the Vital Statistics Act on satisfying the Registrar General that he or she is a person described in subsection (1.1), a person may inspect and obtain from the Registrar General a certified copy of

(a) a declaration filed under subsection 12(1); or

(b) a statement filed under subsection 3(2) or 4(2) of the Vital Statistics Act.

(1.1) Inspection may be allowed and a certified copy may be issued under subsection (1) only

(a) to a person who must inspect the declaration or statement, or who requires the certified copy, for a stated reason that in the opinion of the Registrar General justifies the inspection of the issuance of the certified copy, as the case may be;

(b) to an officer of Her Majesty in right of Canada who must inspect the declaration or statement, or who requires the certified copy, for use in the discharge of the official duties of the officer; or

(c) to a person on the order of Judge of the Supreme Court. Thank you, Mr. Chairman.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you, Mr. Enuaraq. Your motion is in order. To the motion. Question has been called. All those in favour of the motion? All those opposed? Motion is carried. Clause 13 as amended? Agreed. Thank you. Clause 14 of Bill 4. Mr. Minister.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

This clause is similar to a section in the Child Welfare Act on transmitting order of parentage to Vital Statistics and the amendment of the Birth Register. Thank you.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you. Clause 14? Agreed. Thank you. Parts 3, clause 15. Mr. Minister.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

Clause 15 contains the definitions which are used for the purposes of this part on custody access and guardianship.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

October 8th, 1997

Page 1510

The Chair John Ningark

Agreed? Thank you. Clause 16. Mr. Minister.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

This clause sets out the purpose of this part, Mr. Chairman.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you. Agreed? Thank you. Clause 17, Mr. Minister.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

Kelvin Ng Kitikmeot

This is on custody and access matters, Mr. Chairman.

Committee Motion 86-13(4): Motion To Amend Clause 13 Of Bill 4
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1510

The Chair John Ningark

Thank you. Page 11, clause 18 of Bill 4. Mr. Minister.