Thank you, Mr. Miltenberger. There is a motion on the floor. The motion is in order. To the motion. Mr. Krutko.
Debates of June 17th, 2002
This is page numbers 799 - 832 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 chairman.
Topics
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 830
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 830
David Krutko Mackenzie Delta
Thank you, Mr. Chairman. Could the Minister elaborate as to exactly what this amendment does to this bill?
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 830
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 830
Michael Miltenberger Thebacha
Thank you, Mr. Chairman. Mr. Chairman, this was a minor technical amendment discovered late last week and I will get Ms. Austin to speak to the background.
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 830
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 830
Michael Miltenberger Thebacha
Thank you, Mr. Chairman. I am sorry, I will say this again. This is a technical amendment that was discovered late last week and I will ask Ms. Austin to give us the particulars of what it entails. Thank you
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 830
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 830
Austin
Subsection 37(4) just clarifies that in the event a surviving spouse makes an election under either the Intestate Succession Act or to take under the will or both in the case of a partial intestateintestacy, the amendment just clarifies that a person can elect to take under the will, under subsection 1 or under subsection 3(b).
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
David Krutko Mackenzie Delta
Thank you, Mr. Chairman. Could Ms. Austin elaborate on intestacy? What is that? It sounds like an organ.
-- Laughter
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Austin
Thank you, Mr. Chairman. An intestacy simply means an individual dies without making a will.
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
David Krutko Mackenzie Delta
Thank you, Mr. Chairman. I find it interesting that the Minister happened to stumble across this amendment a week ago. I would like to know exactly what were the circumstances of stumbling over this amendment a week ago, knowing that this did go through public consultation. Is this amendment major enough that maybe we would go back out to public consultation?
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Michael Miltenberger Thebacha
Thank you, Mr. Chairman. Today being Monday, this was late last week when this issue came to light in a final review of the legislation. It was noticed and rather than put the legislation through with that shortcoming in it, we made the decision we should proceed to try to do it right the first time, hence the minor amendment. Thank you.
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
David Krutko Mackenzie Delta
Thank you, Mr. Chairman. I would like to move a motion to report progress.
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
The Chair Paul Delorey
The motion is in order. All those in favour? All those opposed? The motion is defeated. To the motion. There is a motion on the floor. Mr. McLeod.
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
June 17th, 2002
Page 831
Michael McLeod Deh Cho
Thank you, Mr. Chairman, could the Minister explain to me with this new clause completed, what that subclause means?
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Austin
Just by way of background, these provisions under subclause 2 in the bill deal with the fact that the act deals with what happens to property in the case of one spouse dying. There are provisions in the act that deal with division of property on separation but also on division, when dealing with property if one spouse dies. There are choices available to a spouse. You can take under the will if there is a will. You can take under the Intestate Succession Act in the absence of a will or if there is a partial intestacy where there is a will, which deals with some property but not all of it, then the surviving spouse has an election to take a combination of the will. Same-sex spouses do not have any rights under the Intestate Succession Act, so what this provision is doing is ensuring a same-sex spouse, who has elected to take under the will, is included in that subsection.
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831
Leon Lafferty North Slave
Thank you, Mr. Chairman. I find that kind of puzzling that we are dealing with this area when one of the questions that was brought up was upon the death of one spouse, what happens to the adopted child of the biological parent? Who gets the child? Where is this covered in regulations or in our act?
Committee Motion 28-14(5): To Amend Clause 2 Of Bill 5 (carried)
Item 19: Consideration In Committee Of The Whole Of Bills And Other Matters
Page 831