Thank you, Mr. Speaker.

I MOVE, seconded by the honourable Member for Weledeh, that Bill 23, Miscellaneous Statutes Amendment Act, 2002, be read for the second time.

Mr. Speaker, this bill corrects inconsistencies and errors in the statutes of the Northwest Territories. The bill also deals with other matters that are of a minor, non-controversial and uncomplicated nature in the statutes and repeals statutory provisions that have ceased to have effect. Thank you, Mr. Speaker.

I call committee of the whole to order. We have a number of issues to discuss. What is the wish of the committee? Mr. Dent.

Mr. Chairman, I would like to recommend that we consider Bill 16.

Thank you, Mr. Dent. Does committee agree?

We will go to Bill 16 in the red binders. Bill 16, Interjurisdictional Support Orders Act. Would the Minister responsible have any opening remarks? Mr. Allen.

Yes, I do, Mr. Chairman.

Proceed, Mr. Allen.

Thank you, Mr. Chairman. I am pleased to have the opportunity today to speak with the members of the committee about Bill 16, the Interjurisdictional Support Orders Act. I would also like to thank the members of the standing committee for their consideration of the bill.

For many years, people needing to obtain or vary a support order made under territorial legislation faced a lengthy and somewhat complicated procedure if the other party lived in another jurisdiction. That process involved making an application to the court in the Northwest Territories, appearing and giving evidence and then having the resulting provisional order sent to the other jurisdiction where another court hearing was conducted at which the respondent attended and gave his or her evidence. This process could be lengthy and awkward for the parties involved. The specific requirements of the courts in each jurisdiction could vary which further complicated the process and could lead to delays.

As a result of concerns about the existing process, uniform legislation was developed by a Federal-Provincial-Territorial Family Law Committee. That legislation provided for a uniform approach to applications for spousal and child support when the parties live in different jurisdictions. In 2001 the Premiers of all Canadian provinces and territories committed to the introduction of similar legislation in their jurisdictions by 2002. The Northwest Territories is the ninth jurisdiction to introduce interjurisdictional support orders legislation.

The legislation provides for a new process for obtaining and varying spousal and child support orders when the parties involved live in different jurisdictions. This process will be the same across Canada and will also apply between Canadian jurisdictions and some other countries.

Additionally, the legislation provides for a uniform process for the registration of orders made in and received from other jurisdictions or countries. This assists in the enforcement of orders by maintenance enforcement programs.

Not only can we achieve consistency across the country in dealing with these particular applications, but the time required should be significantly decreased. In addition, the new process will ensure that both parties have the opportunity to present their full case to a court and that one court has as much information as possible before an order is made. If the court does require further information from the original applicant it can request and receive that information before making its order. That will result in orders which are appropriate not only for the child or spouse receiving the support but also for the person required to pay support.

The legislation improves the existing process and is aimed to ensure that children and spouses who require and are entitled to support will obtain those orders even if the respondent lives elsewhere.

Mr. Chairman, I would be pleased to answer any questions the committee may have with respect to this bill. Thank you.

Thank you, Mr. Allen. Does the chairman of the standing committee have any comments? Mr. Bell.

Thank you, Mr. Chairman. The Standing Committee on Social Programs met on Wednesday, August 28, 2002 to review Bill 16, Interjurisdictional Support Orders Act. This act provides for a new process for obtaining and varying spousal and child support orders when the parties involved live in different jurisdictions.

In 2001 the federal, provincial and territorial Justice Ministers agreed to introduce uniform legislation and standardize the process for support orders. Under the new legislation one court hearing will be eliminated, which coupled with standardization, should speed up the process.

The committee understands that once all Canadian jurisdictions pass similar legislation the act will come into force. Individual members of the committee may have questions or comments as we proceed. Thank you, Mr. Chairman.

Thank you, Mr. Bell. Does the Minister wish to bring in any witnesses?

Mr. Chairman, I seek the concurrence of the committee, if we could wait a few minutes. Our witnesses are on their way over to the building at the moment. Thank you.

We will take a short ten-minute break and wait for the witnesses to get here and reconvene.

-- Break

I will call committee of the whole back to order. We are here to deal with Bill 16, Interjurisdictional Support Orders Act. Would the Minister like to bring in any witnesses? Mr. Allen.

Yes, Mr. Chairman, I would.

Does the committee agree?

Sergeant-at-Arms, would you escort the witnesses in please? Minister Allen, for the record, would you please introduce your witnesses?

Thank you, Mr. Chairman. Yes, to my left is Lucy Austin, senior advisor, family law, Department of Justice. To my right is Patricia Gall-Smith, legislative counsel with the legal division.

Thank you, Mr. Allen. Any general comments?

We will move on to detail. Mr. Roland.