Agreed.
Debates of Oct. 30th, 2001
This is page numbers 515 - 539 of the Hansard for the 14th 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 tax.
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 532
Some Hon. Members
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
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The Chair David Krutko
Bill 5 is now ready for third reading. Thank you, Mr. Minister. Thank you, witnesses.
I will call the committee to order. We are going to be dealing with Bill 7, Powers of Attorney Act. At this time I would like to ask the Minister responsible for this bill if he has any general comments to the bill? Minister Antoine.
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
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Jim Antoine Nahendeh
Thank you, Mr. Chairman. I am pleased to present Bill 7, Powers of Attorney Act, for your consideration.
A power of attorney allows a person to appoint someone else to handle his or her financial affairs. At the present time, if a person becomes mentally incapable, any power of attorney that they may have signed becomes void. Their family must make an application to the court under the Guardianship and Trusteeship Act to become trustee. This is a complex and costly process.
This bill will allow powers of attorney to include a provision that the power of attorney can either continue in force if the person who signed it becomes incapable, in which case it is called an enduring power of attorney, or spring into force at the time the person who signed it becomes incapable, in which case it is called a springing power of attorney.
Some of the features of this bill are:
- • It provides for the "grandfathering" of powers of attorney, which were signed before the coming into force of this legislation;
- • It allows a person to designate one or more persons who can decide if they have become mentally incapable;
- • It allows a person to designate someone to review the transactions handled by the attorney;
- • It states the basic requirements for a valid power of attorney;
- • It states the criteria for determining if a person is mentally capable of making a power of attorney; and
- • It provides that a copy of the power of attorney may be filed in the office of the public trustee.
In drafting this bill, we have had the opportunity to review the legislation that has been enacted in Canada over the last few years and to adopt the best features of that legislation in a manner which we believe will benefit Northerners. This bill is strongly supported by the Northwest Territories Seniors' Society, which has been consulted and had input into the bill.
Mr. Chairman, thank you for the opportunity to describe this bill. I will be pleased to answer any questions from committee members.
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
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The Chair David Krutko
Thank you, Mr. Minister. At this time I would like to ask the committee responsible for reviewing the bill if they have any general comments in regard to the bill. Mr. Miltenberger.
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
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Michael Miltenberger Thebacha
Thank you, Mr. Chairman. The Standing Committee on Social Programs reviewed Bill 7, Powers of Attorney Act, at its meeting on October 17, 2001.
The committee would like to thank the Honourable Jake Ootes, who appeared before the committee on behalf of the Minister of Justice. The committee would also like to thank the Department of Justice officials for presenting the bill and responding to issues raised by the committee.
Bill 7 extends the legal scope of powers of attorney to provide a person with greater ability to plan for the management of his or her financial affairs in the event of certain contingencies such as his or her mental incapacity. As a result, this new act will reduce the necessity for legal proceedings relating to trusteeship orders.
The committee also heard from Theresa Crane, a resident of Yellowknife, who spoke in strong support of this important piece of legislation.
Mr. Chair, committee members may have questions or comments on the bill as we proceed. This concludes the standing committee's comments on Bill 7, Powers of Attorney 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
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The Chair David Krutko
Thank you, Mr. Miltenberger. At this time I would like to ask the Minister if he would like to bring in any witnesses. 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
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Jim Antoine Nahendeh
Yes.
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
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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
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Some Hon. Members
Agreed.
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
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The Chair David Krutko
Agreed. Sergeant-at-Arms, could you escort the witnesses in? For the record, Mr. Minister, could you introduce your witnesses, please?
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
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Jim Antoine Nahendeh
Thank you, Mr. Chairman. Mr. Chairman, to my right I have Mr. Mark Aitken, legislative counsel with the Department of Justice. To my left I have Larry Pontus, the public trustee. 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
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The Chair David Krutko
Thank you, Mr. Minister. Welcome witnesses. General comments on Bill 7? Mr. Braden.
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
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Bill Braden Great Slave
Thank you, Mr. Chairman. Very briefly, I will be speaking in favour of the bill. It is something that I have become more familiar with through constituents' appeals on this kind of legislation, and I commend the government for bringing it forward. It is as short and simple as that, Mr. Chair. It is good work and I support the initiative. 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
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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
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Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. As we have heard the Minister introduce his bill and the committee speak to it, it sounds like this is a necessary procedure and act to implement to ensure that, as we have heard, the seniors of the Northwest Territories have a less cumbersome way of dealing with their belongings as things would progress when it comes to age and how they can deal with these matters, so I think it is a good thing. I just would like to know and ensure that, in fact, when we implement this act and pass this, that we are not on the other hand going to make it so cumbersome or so complicated that it would be difficult to follow the process.
I would just like to be assured that, as we implement this, that for those who are going to help and stand in for those that become incapable of handling their own affairs, it will not be so restrictive or become such a problem that it would make it difficult for, for example, family members who could take over some of the matters of finances and other things that require a person to make whenever they become incapable. Nowadays family members do sort of help out elders in situations like this, and I just want to ensure, and have the Minister state for the record, that as they take on these responsibilities through this process it will not be so much that the law would kick in that would put them in a position where it makes it restrictive for them to act on behalf of their own family members. 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 533
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
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Sandy Lee Range Lake
Thank you, Mr. Chairman. Just for the record, I would like to express my support for this legislation. I think it is one that is overdue and is something that is very necessary for the benefit of those who for any reason become incapable of taking care of their affairs. I would like to commend the department and the Minister for bringing this forward, and the committee for putting it through. Thank you, Mr. Chairman.
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 533
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 533
Some Hon. Members
Agreed.
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 533
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
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Jim Antoine Nahendeh
Thank you, Mr. Chairman. If I could, I would like to respond to the honourable Member, Floyd Roland, who asked for some reassurance from myself as the Minister responsible for this legislation. Through the office of the public trustee, Larry Pontus, we will be developing an information package. We will put together a modeling of how this legislation will actually be enforced. With the help of the NWT Seniors' Society, we will make sure that we try to accommodate the family members who, up to this point in time in many cases that I am aware of, have been involved with their seniors. That is going to be taken into consideration.
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
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The Chair David Krutko
Thank you for that information, Mr. Minister. General comments? Clause by clause? Agreed?
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
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Some Hon. Members
Agreed.
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 533
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 533
Some Hon. Members
Agreed.