This is page numbers 6699 – 6756 of the Hansard for the 17th 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 going.

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Asmundson

There is a provision that the court, on hearing an application, can revoke a grant, which I’ve just sort of referred to. Apart from that, if the public trustee, myself, has been doing something inappropriate, a court application could be taken or potentially a political complaint could possibly be made, but there is always the possibility of a court application, which would probably be the most appropriate venue.

Daryl Dolynny

Daryl Dolynny Range Lake

So what we’re saying here is if there is a dispute, I have to take my dispute to the courts. I may have to go even as high as the Supreme Court of the NWT to lodge a complaint, which could be very costly to the plaintiff in the event of a dispute.

Does the department consider or will they consider anything that will actually assist a dispute resolution with respect to probate?

Probates become very complicated. They become very emotional and sometimes you have to have safeguards to protect the estate, family members are usually involved and a public trustee is put in a position of power. Again, has there been thought about putting safeguards as some type of resolution or dispute resolution mechanisms to support this act?

Asmundson

Well, we haven’t actually had as many estate disputes as you might think. Usually it’s fairly easy to identify who the beneficiaries are, and in the case where this is not a will, the Intestate Succession Act is usually fairly clear on who the beneficiaries are, so we haven’t had a lot of disputes. But the court is still the mechanism that would have to be satisfied. I mean, we do try and resolve it within our office and within the beneficiaries, but often it’s a zero sum game where if somebody’s getting less, somebody’s getting more, but the estate will be distributed fully in the end.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Asmundson. Are there any other general comments on Bill 59? Detail?

Some Hon. Members

Agreed.

The Chair

The Chair Jane Groenewegen

Clause 1. Ms. Bisaro.

Wendy Bisaro

Wendy Bisaro Frame Lake

Thank you, Madam Chair. I move that subclauses 1(2) and (3) of Bill 59 be deleted and the following substituted:

(2) Section 50 is repealed and the following is substituted:

Money and property owed to child

50. (1) If a guardian has not been appointed for a child, a person who is obligated to pay money or to deliver personal property to the child may, in any year, pay not more than $4,000 or deliver personal property having a value not exceeding $4,000, to

1. the child, where the child has a legal obligation to support another person,

2. a parent with whom the child resides, or

3. a child who has lawful custody of the child,

and that payment or delivery discharges the obligation to the extent of the amount paid or the value of the personal property delivered.

Responsibility for money or property

(2) A parent or other person who has lawful custody of a child who receives and holds money or personal property under subsection (1), has the responsibility of a guardian for the care and management of the money or personal property.

Nonapplication

(3) This section does not apply in respect of

(a) wages and salary owing to a child; or

1. an amount payable or personal property that is to be delivered under a judgment or court order.

The Chair

The Chair Jane Groenewegen

Thank you, Ms. Bisaro. The motion is in order. To the motion.

Some Hon. Members

Question.

The Chair

The Chair Jane Groenewegen

Question is being called. The motion is carried.

---Carried

Clause 1 as amended.

---Clauses 1 through 7 inclusive approved

The Chair

The Chair Jane Groenewegen

To the bill as a whole.

Some Hon. Members

Agreed.

The Chair

The Chair Jane Groenewegen

Agreed. Thank you. Does committee agree that Bill 59 is ready for third reading as amended?

Some Hon. Members

Agreed.

The Chair

The Chair Jane Groenewegen

Agreed. Thank you. Bill 59 is now ready for third reading as amended. I’d like to thank Minister Ramsay and his officials for their attendance here today and I’ll ask the Sergeant-at-Arms to please escort the witnesses from the Chamber.

Does committee agree to move on to Bill 62, An Act to Amend the Coroners Act?

Some Hon. Members

Agreed.

The Chair

The Chair Jane Groenewegen

Agreed. Thank you. I’ll ask Minister Ramsay, please, if he would provide his opening remarks on Bill 62. Minister Ramsay.

David Ramsay

David Ramsay Kam Lake

Thank you, Madam Chair. I am pleased to be here today to talk to you about Bill 62, An Act to Amend the Coroners Act. I would like to thank the Standing Committee on Social Programs for its careful review of the bill.

Bill 62 will amend the Coroners Act to create consistency in the powers that are afforded to coroners in the NWT and in other Canadian jurisdictions. The amendments will also:

● expand the investigative powers of coroners;

● expedite the investigative process where possible, in the interest of returning bodies to families in a more timely manner;

● clarify what personal information can be disclosed; and

● make minor improvements to various provisions of the act.

Delays in completing investigations can prove to be a hardship on the family of the deceased. The proposed amendments will help to strengthen the response times for those who need answers to provide closure.

In developing this bill, the department undertook consultations with the chief coroner, the Department of Health and Social Services and the NWT Information and Privacy Commissioner. The thoughtful input we received is much appreciated, as it helped to improve the bill before you today.

I would be pleased to answer any questions that Members may have regarding this bill. Thank you, Madam Chair.

The Chair

The Chair Jane Groenewegen

Thank you, Minister Ramsay. I’d now like to call on Mr. Moses, the chair of the Standing Committee on Social Programs, to provide the committee’s remarks. Mr. Moses.

Alfred Moses

Alfred Moses Inuvik Boot Lake

Thank you, Madam Chair. The Standing Committee on Social Programs conducted its public review of Bill 62, An Act to Amend the Coroners Act, on September 15, 2015. A clause-by-clause review was conducted the same day. The committee thanks the Minister and his staff for presenting the bill.

Bill 62 amends the Coroners Act to enhance the powers of the coroners in conducting investigations and inquests and in disclosing information to the public. The bill also clarifies the responsibilities of others with respect to the authority of coroners under the act and makes consequential amendments to the Motor Vehicles Act and the Vital Statistics Act.

Following the committee’s review, a motion was carried to report Bill 62, An Act to Amend the Coroners Act, to the Assembly as ready for consideration in Committee of the Whole.

This concludes the committee’s opening comments on Bill 62. Individual Members may have additional questions or comments as we proceed. Thank you, Madam Chair.

The Chair

The Chair Jane Groenewegen

Thank you, Mr. Moses. At this time I’ll ask Minister Ramsay if he would like to bring witnesses into the Chamber.

David Ramsay

David Ramsay Kam Lake

Yes, please, Madam Chair.

The Chair

The Chair Jane Groenewegen

Thank you, Minister Ramsay. Does committee agree?

Some Hon. Members

Agreed.

The Chair

The Chair Jane Groenewegen

Thank you. I’ll ask the Sergeant-at-Arms to please escort the witnesses to the table.

Mr. Ramsay, for the record, could you please introduce your witnesses.