Thank you, Mr. Chairman. Mr. Chairman, under the transitional section, 46(5) talks about a provisional variation order that was received under the former act and notice of proceedings to consider the order had not been given to the respondent before coming in to force of the act. I just want some clarification here. If an order exists already, and quickly looking at this as we have gone through it here, with this coming into effect, a variation...there can be no variation unless it has been federally enacted. Is that correct? I am thinking variation of an order already existing.
Debates of Oct. 17th, 2002
This is page numbers 981 - 1018 of the Hansard for the 14th Assembly, 5th 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 power.
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 1015
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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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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Austin
Thank you, Mr. Chairman. This provision does not prevent the court from dealing with an order that has already been made. It is just right now, the process is that there are provisional orders that are made in one jurisdiction that come into, for instance, our jurisdiction and the court then confirms them. This just means that if the court here has already received a provisional order, for instance, from Alberta, made before this act came into force, then it will actually be dealt with under this act as long as the respondent has not been served. If he has been served with it already, it will be dealt with under the old act as a provisional order.
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. So in fact, an existing order already made and gone through the system that is being enforced through maintenance enforcement of whatever is already in place, then those are not touched from this point on?
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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Austin
Thank you, Mr. Chairman. No, I was not clear, sorry. Any order can be varied. If an order exists and someone wants to vary it they can -- this does not prevent anyone from bringing in an application to vary an order.
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
Page 1015
Floyd Roland Inuvik Boot Lake
Thank you, Mr. Chairman. Okay. At any point previous, something that has just been filed, something in the future, can all be varied; but that would take an application by one or the other parent. Correct?
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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Austin
Thank you, Mr. Chairman. Yes, one of the parents would have to apply to vary the order and that process is also governed by this act if they are in different jurisdictions.
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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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 1015
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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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 1015
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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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 1015
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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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 1015
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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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. Just for further clarification on this bill as it is to be passed here, that no one but the parents -- once an order is in place and has gone through the courts, no one can change that unless it has been reapplied back to the courts?