Debates of May 30th, 2005

This is page numbers 69 - 100 of the Hansard for the 15th 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 communities.

Topics

Bill 6: Miscellaneous Statutes Amendment Act, 2005
Item 18: Second Reading Of Bills

Page 90

The Deputy Speaker Jane Groenewegen

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Bill 6 has had second reading and stands referred to standing committee. Item 18, second reading of bills. Minister Miltenberger.

Bill 7: Personal Directives Act
Item 18: Second Reading Of Bills

May 30th, 2005

Page 90

Michael Miltenberger Thebacha

Thank you, Madam Speaker. I move, seconded by the honourable Member for Mackenzie Delta, that Bill 7, Personal Directives Act, be read for the second time.

Madam Speaker, this bill recognizes and regulates personal directives, commonly known as "living wills." It provides individuals with a legal mechanism for planning for their own possible future incapacity with respect to their health care or other personal matters, and it enables medical practitioners to obtain consent in respect of individuals who lack the capacity to give consent.

Some of the key provisions of the bill are concerned with:

  • • allowing a person, known as a director, to make a personal directive that will only take effect when the director is incapable of making his or her own decisions regarding health care or other personal matters;
  • • providing for the designation of an agent under a personal directive who can, if the director becomes incapacitated, make decisions respecting the director's health care and other personal matters;
  • • providing that a personal directive can be combined with a power of attorney to allow for the comprehensive management of the director's health
  • • care and his or her personal, legal and financial affairs;
  • • providing that the director will have been determined to lack capacity when two persons who are either medical practitioners or psychologists declare that he or she lacks capacity;
  • • providing that an agent cannot make certain specified health care decisions without the granting of specific authority in the personal directive;
  • • giving health care providers authority to render emergency medical services to a director who appears to lack capacity;
  • • giving the Supreme Court the power to review personal directives and make orders related to them in the case of uncertainty or dispute;
  • • providing immunity from liability for agents and health care providers for decisions made in good faith;
  • • providing for offences for the destruction or alteration of a personal directive, improper use of personal information, improper influence and illegal acts by agents;
  • • authorizing the making of regulations; and,
  • • making consequential amendments to the Guardianship and Trusteeship Act and the Mental Health Act.

Thank you, Madam Speaker.

Bill 7: Personal Directives Act
Item 18: Second Reading Of Bills

Page 91

The Deputy Speaker Jane Groenewegen

Thank you, Minister Miltenberger. The motion is in order. To the principle of the bill. Mr. Braden.

Bill 7: Personal Directives Act
Item 18: Second Reading Of Bills

Page 91

Bill Braden Great Slave

Thank you, Madam Speaker. I would like to stand and speak in support of this bill, and very sincerely in support of this bill. Over my past experience as an MLA, the need for this kind of legislation has been brought to my attention in at least a couple of situations. Some of them, Madam Speaker, have been very painful or protracted situations that families have felt because family members have been incapacitated through illness or injury. The existence of this kind of legislation may have, and in these cases would very likely have, resulted in a much less painful and difficult situation for these families. So this is a very needed and necessary legislation. It's very welcome legislation. I believe also, Madam Speaker, that it will be welcomed by practitioners in the medical and the legal areas as well as individuals and families, because this will make the administration of their duties so much more straightforward and less painful in these situations. So this is good legislation and I look forward to dealing with it in standing committee, Social Programs, and reporting back to the House in the fall. Thank you, Madam Speaker.

Bill 7: Personal Directives Act
Item 18: Second Reading Of Bills

Page 91

The Deputy Speaker Jane Groenewegen

Thank you, Mr. Braden. To the principle of the bill.

Bill 7: Personal Directives Act
Item 18: Second Reading Of Bills

Page 91

Some Hon. Members

Question.

Bill 7: Personal Directives Act
Item 18: Second Reading Of Bills

Page 91

The Deputy Speaker Jane Groenewegen

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Bill 7 has had second reading and stands referred to standing committee. Item 18, second reading of bills. Minister McLeod.

Bill 9: Municipal Statutes Amendment Act
Item 18: Second Reading Of Bills

Page 91

Michael McLeod Deh Cho

Madam Speaker, I move, seconded by the honourable Member for Yellowknife South, that Bill 9, Municipal Statutes Amendment Act, be read for the second time.

Madam Speaker, this bill amends the Charter Communities Act, the Cities, Towns and Villages Act, and the Hamlets Act. The amendments enable community governments to:

  • • make bylaws authorizing the refinancing of long-term debt without the approval of the Minister or the voters, so long as the principal amount being borrowed does not exceed the principal amount then outstanding under the original debt;
  • • require that notice of loss or damage relating to conditions on highways or in public places controlled by a municipal corporation be given in writing to the senior administrative officer;
  • • transfer charges for unpaid municipal services to the property against which they were incurred in the same manner as arrears for property taxes.

Thank you, Madam Speaker.

Bill 9: Municipal Statutes Amendment Act
Item 18: Second Reading Of Bills

Page 91

The Deputy Speaker Jane Groenewegen

Thank you, Minister McLeod. The motion is in order. To the principle of the bill.

Bill 9: Municipal Statutes Amendment Act
Item 18: Second Reading Of Bills

Page 91

Some Hon. Members

Question.

Bill 9: Municipal Statutes Amendment Act
Item 18: Second Reading Of Bills

Page 91

The Deputy Speaker Jane Groenewegen

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Bill 9 has had second reading and stands referred to standing committee. For the record, let me clarify that when Minister Roland brought forward Bill 8, when I should have said the bill had second reading, I said Bill 3 in error. In fact, it was Bill 8 that had second reading and was referred to committee. Item 19, consideration in Committee of the Whole of bills and other matters: Minister's Statement 1-15(4), Sessional Statement; Minister's Statement 3-15(4), Fiscal Update; Minister's Statement 4-15(4), GNWT Actions to Support Mackenzie Valley Pipeline Project; and, Minister's Statement 5-15(4), Preparing for the Pipeline: Financial Support to Community Governments, with Mr. Ramsay in the chair.

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 91

The Chair David Ramsay

Thank you. I would like to call Committee of the Whole to order. We have a number of items to deal with. We have Ministers' Statements 1-15(4), 3-15(4), 4-15(4), 5-15(4). What is the wish of committee? Mr. Menicoche.

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 91

Kevin A. Menicoche Nahendeh

Mr. Chairman, the committee wishes to consider Ministers' Statements 1-15(4), 3-15(4), 4-15(4), 5-15(4), specifically with Minister Bell.

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 92

The Chair David Ramsay

Thank you, Mr. Menicoche. We will continue after a short recess. Thank you.

---SHORT RECESS

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 92

The Chair David Ramsay

Thank you, committee members. We will call Committee of the Whole back to order. As I said, we have a number of items on the agenda today: Ministers' Statements 1-15(4), 3-15(4), 4-15(4) and 5-15(4). We are going to discuss these Ministers' statements concurrently, so they are open to be addressed by any Member. Who would like to go first? Comments. Mr. Yakeleya.